SUNFISH LAKE CITY COUNCIL MEETING – SEPTEMBER 3, 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

Building Inspector: Mike Andrejka
City Forester: Jim Nayes
Police Chief:  Brian Sturgeon

Police Officer:  Nicole Murphy

Police Sergeantt:  Matt Muellner

City Clerk:  Cathy Iago

     and Members of the General Public.

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 and there was no response.  

Councilmember Wahlstrom moved to adopt the agenda as presented, 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 commented that the financial reports show the City low on revenues and questioned why. He also asked if the Treasurer had an amount for the tax collection.

Treasurer Lanoue explained that this is normal since the City would not receive a payment from Dakota County for taxes collected until later in the year. She stated that she does not have an exact number at this time and that the City’s cash balance is generally at its high point at the end of the year.

Mayor O’Leary asked the Police Chief if there were any issues of concern for the City.

Chief Sturgeon responded there were no issues to cause concern for the City.  He advised that the false alarm totals are lower than last year at this time.  He stated that the City of West St. Paul now has a staff member trained to deal with Mental Health issues and that they are available to work with residents if needed.  He further explained that the Domestic Assault that occurred in the City and that was listed in his report did not involve any Sunfish Lake residents.

The Mayor thanked the Chief for this information and asked that Councilmember Hovey include an article on the website thanking residents for keeping the false alarms low; he also asked Councilmember Hansen to note this information in the next City newsletter.

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

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

1. Special Budget Meeting and Regular Council Meeting Minutes of August 6, 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. Introduce West St. Paul Police Officer Nicole Murphy:    Chief Sturgeon introduced Officer Nicole Murphy and explained that she would be assigned to Sunfish Lake and would replace Officer Curtis Syvertsen.  He explained Officer Murphy was previously with the Metro Transit police and that she would deal with issues related to Sunfish Lake.  He also introduced Sgt. Matt Muellner who assists the City with the Deer Management Program. He stated that he sent contact information for both Officer Murphy and Sgt. Muellner to Councilmember Hovey for placement on the City website.

Officer Murphy explained that she currently works nights which may delay a prompt response to an inquiry from residents or the City. 

Council thanked the Chief, Officer Murphy and Sgt. Muellener for their attendance and service to the City.

6.  PLANNING COMMISSION/PLANNER’S REPORT:  a. Consider Resolution Approving Major Site and Building Plans to Permit Construction of a New Home at the Property Located at 369 Salem Church Road, Jim & Sharon Adams:  Planner Grittman referred to his report dated August 28, 2019 and explained that the Planning Commission recommended approval of the Major Site and Building Plan for the property located at 369 Salem Church Road. He stated that the approval included the seven (7) conditions listed in the August 14, 2019 Planner’s report and one additional condition that the applicants must install safety fencing to protect both the existing and alternate septic system locations until construction is completed. He noted that the applicant requested changes to the Landscape Plan and asked to install larger trees in order to reduce the number of replacement trees.  He offered to respond to questions.

Mayor O’Leary asked if the change to the landscape plan had been discussed with the City Forester.

Forester Nayes stated he had reviewed the changes to the plan but had not done a review of the changes on the site.

Councilmember Wahlstrom asked if the Forester was comfortable with the changes and the Forester responded yes.

Councilmember Hovey asked if the larger trees would provide adequate screening.

Forester Nayes stated he would be able to determine that when he viewed the planting locations on site.

Planning Commission Chair Tom Hendrickson explained that the Commissioners were not comfortable determining the number of size of the trees and agreed this should be handled by the City Forester.

Tim Johnson, Landscape Architect for the project, explained that he sent a brief letter to Planner Grittman explaining that a spade would be used to install the larger trees. He further advised that the trees would be placed adjacent to the road and driveway entry area to assist with drainage and that the larger trees would make the project appear older rather than a new project.  He indicated that a one 15 ft. tree should replace three (3) smaller trees.

Mayor O’Leary commented that there is not a huge difference in growth between a 6 ft. and 15 ft. tree

Mr. Johnson pointed out that Council should also take into consideration the mass of the larger tree versus a smaller tree.

Mayor O’Leary stated he would support the City Forester’s recommendation and whatever he deems appropriate.

Councilmember Hovey questioned if there was any contingency for replacement of the trees if they died.

Mr. Johnson pointed out that his clients also want privacy and that the trees are guaranteed for one year, but he was confident the property owners would want the landscaping to look good.

Attorney Kuntz asked how the change would be captured to allow the Forester to approve the changes.

Planner Grittman suggested it should be added as a condition of approval, but he did not include it in the draft resolution. 

Planning Chair Hendrickson stated that language was included in the Planning Commission recommendation that the removal and replanting ratio and tree size be determined by the City Forester.

Councilmember Hovey asked what the timeline would be for replanting.

Mr. Johnson explained that the plantings would most likely be installed in the summer or fall of 2020.

Mayor O’Leary asked the Forester when he would be able to meet the Mr. Johnson on site to verify the removal and replanting and tree sizes.

Forester Nayes and Mr. Johnson determined that the site meeting and decision could be made by October 15, 2019

Councilmember Bulach pointed out that it would be appropriate to wait until the Forester can see how the home is situated on the lot.

Mayor O’Leary asked what the legal ramifications would be if a decision is delayed until November.

Attorney Kuntz stated it would be appropriate to make the decision by October 15 to eliminate confusion next spring, however, if they cannot meet by October 15, the landscaper should come back before Council to readdress this matter.

John Kramer explained that he plans to removal the existing home and trees as soon as possible.

After a brief discussion, the Council and applicant agreed that the Forester would report back to Council by November 30, 2019 in order to take action to approve the revised landscape plan at the December Council meeting.

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

Councilmember Wahlstrom moved to adopt Resolution No. 19-19 titled, RESOLUTION APPROVING MAJOR SITE AND BUIDLING PLANS TO PERMIT CONSTRUCTION OF A NEW HOME AT THE PROPERTY LOCATED AT 369 SALEM CHURCH ROAD, subject to the eight (8) conditions as listed and with an additional condition that the applicant and Forester meet on site to determine the number of trees to be removed and replanted and the size of the trees to be replanted by November 30, 2019, seconded by Councilmember Bulach and carried. (5-0)

Jim and Sharon Adams, property owners, were present to introduce themselves to Council.  Mr. Adams asked if they could begin as planned to demolish the existing home and then proceed with the new home construction.

Councilmember Bulach stated that they could begin work on the site and Mayor O’Leary stated that the only outstanding issue is the tree removal and replacement.

Building Inspector Andrejka stated that the applicants need to apply for a demolition and building permit prior to beginning work on the site.

Mayor O’Leary advised that if the Forester and Landscape Architect are able to meet prior to November 30 the matter can be placed on a Council agenda prior to December, but no later than December.

b. Consider Resolution Approving an Amendment to Major Site and Building Plans to Permit Construction of a New Home at the Property Located at 2150 Charlton Road, Charlton Road, LLC:   Planner Grittman referred to his report dated august 28, 2019 and explained that the Planning Commission recommended approval of an amendment to the Major Site and Building Plan review for property located at 2150 Charlton Road. He explained that the applicants had updated the plans for the location of the home based on the City Engineer’s recommendations and to preserve some of the large old Oak trees on the site; he noted that with the plan revisions only two (2) of the large Oaks would be removed versus eight (8) as in the original plans.

The Planner further explained that the new citing of the home changed the height calculations for the plan. He advised that he calculated the height based on taking an average of four corner of the home and the architect based the height calculation on the average of two corners of the home. He advised his calculation placed the height at 36 ft. and the architect’s calculations placed the height at 28 ft. 3-3/4 inches.

Planner Grittman explained that the City Code does not clarify how the height should be calculated, however, the usual standard in the past was to use all four corners of the home.  He noted that the guideline sent to the applicant’s architect may have been unclear.

The Planner advised that the Planning Commission recommended approval of the building height based on the applicant’s architect calculations. He noted that Council may discuss the height issue as part of their approval. He noted that if Council prefers that all four corners of the home be used to calculate the height, they should direct staff to update the guidelines or define how the calculations are to be measured by Ordinance. He further explained that new homes have quite a few “corners” to use for measurements and the guideline that was sent to the applicant was based on an L-shaped home with six corners.

Mayor O’Leary asked if there was a standard in the construction industry used to measure the height. He asked if the Building Inspector had any input.

Planning Chair Tom Hendrickson responded that there is no standard in the construction industry.

Inspector Andrejka explained that the average height calculation in the City of Mendota Heights is measured by the highest gable on the home.

Mayor O’Leary indicated that he would prefer the height be limited to 30 ft. for home construction and suggested that be either the highest gable or highest roof on the home.

Engineer Sandberg explained that the building height was approved prior to the design changes he recommended which change the footings and raised the height of the building.

Mayor O’Leary commented that it would provide environmental benefit the City to raise the footings on the plan to protect drainage and also to reduce the number of substantial Oak trees that must be removed.

Councilmember Bulach explained that there was a situation several years ago where the building height was 9-inches over the 30 ft. requirement. He noted that the neighbors were not against the small increase in height and the property topography was sloped so it was approved.

Planner Grittman pointed out that in the past the calculations have not been done using only two corners of the home.

Planning Chair Tom Hendrickson agreed that the height should be measured from the existing grade on all corner of the building to the highest gable. He pointed out that the recommendation from the Commission on this application was based on the fact that the guidelines were unclear, the placement of the home changed due to drainage concerns, and that it would save a substantial number of old Oak trees.  He suggested that the rules to calculate the height may need to change.

Peter Eskuche, architect with Eskuche Design Group, was present and stated that his clients need to know which way to proceed.

Councilmember Hovey commented that if would upset other applicants if the same guidelines were not applied to everyone.

Mr. Eskuche commented that the guidelines were misleading.

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

Councilmember Hovey moved to adopt Resolution No. 19-20 title, Resolution approving an amendment to a major site and building plan to permit construction of a new home at the property located at 2150 charlton road, based on the conditions as listed and Council approval of the height calculation as presented by the applicant based on the guidelines used to calculate the building height that were provided by staff and shown as Exhibit A in the Planner’s report dated August 28, 2019, seconded by Councilmember Hansen.

In discussion, Attorney Kuntz suggested that the language in the resolution should identify the fact that Council has not granted a variance for the building height.

Mayor O’Leary suggested that staff send the resolution to the City Attorney for his review and approval of the language.

Motion carried. (5-0)

Planner Grittman recommended that Council direct staff and the Planning Commission to research and discuss the issue of the building height calculations and whether or not the design guidelines should be amended or a definition should be included in the City Zoning Code.  He noted that the Planning Commission has the authority to prepare updates to the City Code, however, they preferred to have Council decide if they should pursue this matter.

Council concurred to direct the Planning Commission and staff to research the issue of calculating the building height for new home construction and to provide a recommendation.  Council asked that the regulations contain simplicity, uniformity and reasonable requirements.

1. Consider An Ordinance Amending City of Sunfish Lake Zoning Ordinance Relating to Demolition: Planner Grittman referred to his report dated August 28, 2019 and explained that the Planning Commission recommended approval of an Ordinance amendment establishing regulations for demolition and establishing procedures to obtain a demolition permit. He stated that currently there are no provisions in the City  Code for staff to review demolition permits and that the proposed ordinance amendment requires staff conduct a Minor Review prior to issuance of a demolition permit.  He noted that the ordinance includes a review by the City Engineer and allows the Engineer to establish requirements such as installation of silt fencing and site restoration; he noted that the restoration language was not specific so that staff has the authority to set conditions on an individual site basis.
   

The Planner explained that this issue arose when a home was recently demolished but construction did not occur throughout the winter; he pointed out that silt fencing was installed at that location even though it was not required. He pointed out that the proposed Ordinance amendment also takes away an applicant’s ability to obtain a demolition permit separately from obtaining a building permit.

Building Inspector Andrejka asked at what point the silt fencing would be installed. He also asked if staff would be on site to inspect the installation.

Engineer Sandberg recommended that the fencing should be installed as soon as the project begins.

Planner Grittman explained that the contractor would notify him when the demolition starts and the silt fencing is installed.

The Building Inspector explained that he was not qualified to inspect the silt fencing. He questioned if he could delay footing inspections for the new construction if the silt fencing was not in place.

Mayor O’Leary asked if it was difficult to notify staff of what the inspection would involve.

Planner Grittman explained that major site plan applications are sent to the City Engineer for review, however, he commented that there are several phone calls and/or emails involved in the process.  He noted that the ordinance would now require installation of the silt fencing with minor site plan reviews.

The Mayor asked if there was sufficient protection in the ordinance if the regulations are not followed. He asked if a “work stoppage” order could be included in the ordinance.

Attorney Kuntz responded yes and suggested an additional language could be included in the ordinance.

Planning Commission Chair Tom Hendrickson suggested language such as “No inspections would be completed until all preliminary conditions are met, including installation of silt fencing”.

Mayor O’Leary suggested that staff should get together to discuss how the process should be established and present the information to Council at the October meeting.

Council concurred to table action on the proposed ordinance to the October 1, 2019 meeting and direct staff to meet and discuss any additional language or procedural changes to the ordinance.

1. Planner’s Report:  Planner Grittman reviewed the following information listed in his report dated August 28, 2019:

Application Checklist:  The application checklist could use a “facelift” and Planner Grittman recommended that Council direct staff to review the list and provide recommendations to update the information.  This would require an Ordinance amendment. He noted that some of the items listed apply to engineering.

Mayor O’Leary asked if the Engineer and Planner agree with all the items listed in the application checklist as shown in the Planner’s report.

Engineer Sandberg stated that he agrees with the proposed changes. He noted that the current ordinance states that all trees on a property would be inventoried. He referred to Item No. 6 in the checklist and explained that the new requirement change the language to include an inventory of all trees within 50 ft. radius of the project area instead of the entire property.  He noted that two of the recent applications have come back with issues relating to trees and should have had a full inventory.  He recommended that the area be increased to 200 ft. radius of the construction area.

Mayor O’Leary suggested that the Forester, Engineer and Planner meet to review the checklist and make any changes prior to Council review and approval. 

Forester Nayes explained that on all projects with trees issues it might be wise to state that the inventory include all trees within the grading area or 100 ft. beyond the grading area.

In discussion, it was noted that some of the checklist items are regulated by the Zoning Ordinance.

Christine Hartman, 343 Salem Church Road, questioned if the tree inventory was limited to 100 ft. beyond grading would it affect deforestation along the shoreline on some properties.

Engineer Sandberg explained that there are regulations relating to removal of trees from shoreland area and also regulating where the home can be placed on the property.  He noted that the tree inventory would not be detrimental to trees around the lake, instead it would be an asset.

Council concurred that the Forester, Engineer and Planner be directed to review the checklist and make any changes demand necessary prior to Council review and approval.

1 Sunfish Lane:  The Planner stated that staff is expecting an update to the Major Site and Building Plans for this address; the update would include new engineering plans with the intent to save additional trees on the site.

2431 Angell Road:  Staff is processing a Major Site and Building Plan and Conditional Use Permit for this address.  The plans are for a swimming pool, sport court, and patio area. The application is processed as a Major Site and Building Plan due to the fact that the hard surfacing will increase by greater than 1,000 sq. ft.

Property Owner Notification Letter and Return Address:  The Planner explained that Councilmember Hansen receive notification form some property owners that they have not received their notices in the mail.  Staff researched the complaints and found that the letters had been mailed with no address errors. However, staff concluded that the letters have the “Northwest Consultants” return address and letterhead which may appear as “junk” mail versus official City business letters.  He recommended that staff use the Sunfish Lake letterhead and return address when sending the notices to deter residents from assuming the letter are “junk” mail.

Clerk Iago explained that the City does not actually have a letterhead with a City “logo” but the Planner could design a letterhead.  She also asked that the return label list the City of Sunfish Lake but use the Northwest Consultants return

Address so that they are aware of any notices that are returned in the mail.

Council thanked the Planner for his report.

Mayor O’Leary recommended that Council discuss the issue relating to the trash container violation at the Kihtir residence 331 Salem Church Road.

The Planner explained that he had sent a letter to Dr. Kihtir as directed by Council and that she was present this evening.

Mayor O’Leary read a “Chronological Summary” that outlined the events of the past two years as they relate to Ms. Sena Kihtir leaving her trash bins at the end of a shared driveway. He explained that the neighbors had complained about the fact that she did not remove the bins once the trash was picked up which prompted Council to adopt an ordinance requiring the bins to be removed from the end of a resident’s driveway and stored out of sight after the trash was collected.  He further stated that he and Councilmember Bulach attempted to meet with Ms. Kihtir to discuss and resolve the matter, however, she was unavailable and she expressed her opinion that her neighbors were bias due to her nationality and religious beliefs. 

After Mayor O’Leary read the document, Clerk Iago received the document for attachment to the official Council minutes. 

The Mayor explained that the Ms. Kihtir and some neighbors were present to discuss this matter.

Tom Schlehuber, 325 Salem Church Road, stated he and his family had reached the point of exhaustion trying to resolve this matter. He commented that he hoped Council would require that the trash ordinance be enforced.  He further commented that he and his family have no prejudice or bias relative to his neighbor and that the only issue relates to the fact that he does not wish to look at her trash cans from his kitchen window 24 hours a day, seven days a week.  He further stated that he has been a teacher for many years and he embraces all ethnicities and that his wife has relatives that were born in Turkey.  He further stated that any attempts to assist with brining her trash cans up to her property were only to assist her, not to cause any problems.

Ms. Kihtir explained that she was unaware that her neighbors were being helpful and she felt like they were prejudices due to her religious beliefs.

Michelle Schlehuber stated she was angry that she has to deny having prejudice in a public forum and explained that she also is an educator and denies any allegations of bias due to nationality of her neighbor.  She commented that her uncle is half Turkish and that she has no prejudice.

Sarah Pennie-Thompson, 335 Salem Church Road, stated she also has no bias based on religious beliefs or nationality.  She explained that she does not want to drive by trash cans every day.  She stated that she regrets Ms. Kihtir felt that the neighbors were being unreasonable based on her nationality or religious beliefs.

Mayor O’Leary pointed out that both neighbors present this evening were excited to meet with Ms. Kihtir in an attempt to resolve this matter and wanted to be good neighbors, however, Ms. Kihtir was not amenable to a meeting.

Sena Kihtir, explained that she moved into the City with the best intentions of being a good neighbor and exchanged phone numbers with neighbors in the past. She explained that in other communities she has had good relationships with her neighbors.  She explained that she had fallen twice and has trouble navigating her long driveway; she submitted a doctor’s letter that will be attached to the Council minutes. She further noted that she has a family member with MS and that she felt uncomfortable and that she was being judged by the neighbors.

Ms. Kihtir explained that the neighbors accessed her driveway to move the trash containers and an anonymous letter was typed and attached to her trash cans. She apologized and explained that was what started the issues and her feelings that they were not being “neighborly”.  She further pointed out that she read some false facts in the Council minutes when the trash cans were originally discussed and the Ordinances was adopted.  She stated she was unaware of the Ordinance and simply received a letter advising her about the ordinance violation.  She stated she was upset that no one reached out to her prior to adopting the ordinance.

Wade Thompson, 335 Salem Church Road, explained that he reached out to discuss the trash can issue with Ms. Kihtir and she responded that she was not breaking any rules by leaving them at the end of the shared driveway; he noted that was why he approached Council to adopt an ordinance.

Tom Schlehuber explained that when Ms. Kihtir moved in the summer of 2016 he and his family sought her out to welcome her while construction was being done. He further explained that when he was putting out his trash in the winter Ms. Kihtir asked if she could leave her cans at the end of the driveway for a few weeks due to the weather and he agreed, however, the trash cans remained there until May. He advised his son moved the trash can up to her home in an effort to assist her, but then the can were moved back down to the end of the driveway again.  He stated that he typed the note on the cans asking her to please remove them after trash pickup and thanking her for doing so, and that he taped it to the can so it would not blow away.

Michelle Schlehuber stated she would like to see the matter resolved as it has been going on for over two (2) years.

 
Ms. Kihtir stated she also would like to see this resolved and that she presented a storage bin solution but it was denied by Council.

Mayor O’Leary explained that the storage bin she presented held only two (2) bins and she has three (3) binds. He also that it was white plastic and could not be painted to make it blend with the surroundings.

Ms. Kihtir stated she could consolidate her trash into two bins and could attempt to purchase a darker color. She explained that this storage container could be moved versus a permanent structure.

Wade Thompson explained that Niiti Sanitation uses very large trucks and may not pick up from those bins if there is heavy snowfall.

Christine Harris stated she has a new trash service that will drive to her home and pick up the bins for a $10 extra fee.
She stated that she met Sena when she moved into the neighborhood and invited her to attend an event for Muslims that she was have at her home.

Mayor O’Leary asked if Ms. Kihtir understands how hard everyone has been working to accommodate this issue.

Ms. Kihtir responded yes and explained that during this time she felt everyone was against her.

Councilmember Wahlstrom commented that in her opinion Council is done trying to accommodate this matter.

Councilmember Bulach agreed and explained that he would not support plastic bins wince they are not conducive to winter weather

Tom Schlehuber suggested that Ms. Kihtir talk to Ms. Hartman to obtain the hauler’s name and see if they would make an exception to come up her driveway to get the trash cans.  He also advised that he uses a snow removal person named Alberto and he could provide that information to Ms. Kihtir and stated that Alberto may be willing to take the trash bins to the curb for Ms. Kihtir.

There was discussion relating to whether or any haulers, such as Hyland Sanitation, would come up the driveway to pick up the trash.

Planner Grittman stated he contacted Hyland Sanitation and they would not do so since they cannot turn around at the top of Ms. Kihtir’s driveway and it is too long to back down.

Mayor O’Leary moved to request Ms. Kihtir contact the City Planner to determine a suitable wood storage shed that may be placed at the end of her driveway to store the trash bins, or to hire a worker who is willing to take and remove the trash bins on trash day, and to respond with a solution by September 15, 2019 or the City Attorney will proceed with legal action on this matter, seconded by Councilmember Wahlstrom and carried. (5-0)

RECESS:  Council took a brief recess at 8:55 p.m. and reconvened at 9:05 p.m.

7. CITY ENGINEER REPORT: 1. Engineering Activities Undertaken in August:     A. Review Final Feasibility Study for 2020 Mille and Overlay Project:  Staff completed the final feasibility study for Council review.   Engineer Sandberg explained that Mr. Nayes had raised the issue of checking the condition of the culverts on Zehnder Road and Sunnyside Lane to determine if they need replacement.  He stated that staff found the culverts were filled with sediment but were all in good condition. He recommended that the sand and sediment could be removed and some minor repairs could be done at the ends of the culverts, however, total replacement could be delayed until a full road reconstruction is required.
   The Engineer advised that the original cost estimate was approximately $148,000 and the contingency was raised to 35 percent.  He stated that by removing the culvert repairs, the revised cost estimate would be reduced by $10,000 to $138,380.  He explained that the proposed cost breakdowns were as follows:  $26, 760 for Angell Road (East); $24,010 for Zehnder Road; and, $51,000 for Sunnyside Lane. He stated that the proposed costs are proposed to be assessed 80 percent to property owners for Zehnder Road and Sunnyside Lane and 60 percent to property owners on Angell Road (east) based on the City’s assessment policy.   He noted the City cost estimate would be $36,610.
   
   Attorney Kuntz explained that staff included a resolution for adoption under Item 8.c. on the agenda that accepts the feasibility report and calls for a public hearing at the November Council meeting.  He noted that Council may take action at this time or wait until later on the agenda.

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

Mayor O’Leary moved to adopt Resolution No. 19-21 titled A RESOLUTION Receiving the Final Feasibility Report of the consulting Engineer and Calling for a public improvement hearing concerning city project No. 2020-01 (MILL AND OVERLAY PROJECT), seconded by Councilmember Hansen and carried. (5-0)

1. 2020 5-Year Capital Improvement Program (CIP): The Engineer referred to the finalized CIP and asked that Council adopt the document. He noted that this is merely a guideline for the future and may be amended in the future.
   
   The Mayor asked if there were any questions or comments and there was no response.
   
   Councilmember Hovey moved to adopt the 2020-2024 Capital Improvement Plan as presented, seconded by Councilmember Wahlstrom and carried. (5-0)

1. 2020 Annual City Engineer Budget: Staff finalized the City Engineer Budget for 2020 and asked that it be approved.
   
   Treasurer Lanoue explained that the Engineer’s budget would be adopted later as part of the entire 2020 Budget.
   
2. Building and Site Review in the Month of August: The Engineer stated he continues to work with the Planner on the following Building and Site Reviews as outlined in his report dated August 28, 2019:  A.  2150 Charlton Road; B.  1 Sunfish Lane; C.  2431 Angell Road; and D. 245 Salem Church Road

3. Public Works Activities Undertaken in the Month of August: A. Charlton Road Construction Project:   Engineer Sandberg explained that work began on the project the week of August 8, however, there have been delays caused by rain.  Staff anticipates paving should begin shortly and the project should be substantially completed by September 16 or 17.  He noted that Council determined the City should spend the extra funds to remove poor soils and replace with class 5 aggregate, filter fabric and drain tile and to replace an existing gate valve on the private system that was leaking; for an additional cost of $29,000.  He noted that he worked with the Treasurer to find funding to cover the extra costs and he anticipates some savings in other areas to offset a portion of the costs so they should not significantly exceed the project cost.
   
   Mayor O’Leary commended staff for their creative methods to keep costs reasonable and that he applauds the City Treasurer’s work on the proposed 2020 Budget.  He stated that he was not aware how difficult it was for the Treasurer to compile all the information that is included in the budgeting process and prepare it for Council review.
   
   The Mayor explained that he was opposed to assessing the residents on Charlton Road more than the $10,900 amount the Norton property would pay and Council concurred that should be the assessment for all the properties.  He asked the City Attorney if the $10,900 was the amount that the Attorney had placed in the draft resolution that would be adopted later on the agenda.
   
   Attorney Kuntz responded yes.
   
   Councilmember Hovey asked when the curb installation on Charlton Road would be completed.
   
   Engineer Sandberg advised that only the half of the curb was installed to allow residents access to their property.  He stated that the remainder of the curbing should be installed this week.
   
   Mayor O’Leary asked if the road project would be completed in time to meet the deadline as listed in the Norton easement agreement and the Engineer responded yes.

4. Anticipated Engineering and Public Works Activities for September: A. Charlton Road Construction Project:   Staff will continue to monitor the project.

1. Snow Plowing Quotes: Engineer Sandberg stated he would send three (3) RFP’s to contractors to submit quotes on snow plowing for Council consideration at the October meeting.

1. I-494 Construction Work:  The Engineer stated that the work on I-494 will continue through the month and that there would be lane closures and reconfigurations.  He advised that there is information posted on the City website regarding the project and also how to access the MnDOT project website.

Council thanked the Engineer for his report.

8. NEW/OTHER BUSINESS: a. Consider Resolution Adopting the Proposed Budget & Setting Not-t-Exceed Tax Levy for 2020 and Schedule Special truth in Taxation Council Meeting on December 3, 2019 at 7:00 p.m.:   Treasurer Lanoue referred to her report dated August 29, 2019 which outlined the preliminary budget worksheets that were amended to include items discussed at the August 6, 2019 Council Budget Study meeting.  She explained that the increase in the tax levy was due to the fact that there was no growth or increase in tax capacity this year.  She further advised that she made some minor adjustments and found that the budget would be slightly better than originally anticipated.
   
   The Treasurer explained that she made a minor change in the revenues by doubling the court fines as the court fines appear to be higher than she had estimated the past few years.  She noted that the Special Assessments are based on the Bond Levy and noted that once the Charlton Road assessments are collected this year she would know the impact on next year’s taxes.  She stated that she included a three-percent (3%) increase in salary for the City Clerk/Administrator, Treasurer and Forester as had been the practice in previous years. She explained that there would be an increase in the election expenditures due to the additional Presidential Primary election scheduled in 2020.
   
   The Treasurer stated that the Police budget was increased one percent (1%) and the preliminary Fire Department was submitted at $2,000 less; however, she did not reduce the Fire Department budget at this time.  She advised that she increased the snow removal budget by $3,000.
   
   Mayor O’Leary asked the Engineer if a $3,000 increase in the snow plowing budget would be sufficient.
   
   Engineer Sandberg stated he talked to the current contractor who suggested a “lump sum” payment of $36,000 or $6,000 per month.
   
   The Mayor asked the Engineer if that would be in line with the current monthly expenditures.
   
   Engineer Sandberg stated he did not have that information but would bring it to the next meeting.
   
   Councilmember Bulach pointed out that it may be a large sum of money if there are no heavy snowfalls during the month.
   
   The Engineer explained that the contractor also offered to include street sweeping as part of the contract.  He stated he would discuss it further with the contractor and report at the next meeting.
   
   Treasurer Lanoue explained that the revenue from the bond payments in 2020 would be used to pay the bond payments in 2021.
   
   The Treasurer proposed the Not-to-Exceed General Property Tax Levy be set at $531,724 and the Not-to-Exceed Bond Debt Retirement be set at $138,428 for a Total Not-to-Exceed Levy set at $670,152 which would be an approximate 7.5% increase from last year.
   
   Treasurer Lanoue referred to page 4 of her report and explained the comparison of average home values and impact of the proposed tax rate for mean and median properties; the mean increase would be 6.92% and the median would be 7.81% for an average of approximately 7% increase in property taxes. 

The Treasurer stated that staff recommends adopting the resolution as prepared by Attorney Kuntz in his report dated August 28, 2019 which sets the Not-To-Exceed Tax Levy and calls for the public hearing at the December 3, 2019 Council meeting..

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

Mayor O’Leary moved to adopt Resolution No. 19-22 titled Resolution Adopting the Proposed Budget & Setting Not-to-Exceed Tax Levy for 2020 and schedule a Special Truth in Taxation Council Meeting on December 3, 2019 at 7:00 p.m., seconded by Councilmember Hovey and carried. (5-0)

1. Consider Resolutions Related to Charlton Road Improvement Project 2018-01 and Sunfish Lake Outlet Improvement Project 2018-02: Attorney Kuntz referred to his report dated August 28, 2019 which outlines the proposed resolutions relating to the Charlton Road and Sunfish Lake Outlet improvement projects and declares the costs to be assessed and calls for public hearings on the assessments. He explained that the notice sent to residents for the Charlton Road project would list the proposed assessment amount at $10,900 per unit for 31 units and the proposed assessment amount for the Sunfish Lake Outlet project would list the proposed assessment amount at $2,598 per unit for 33 units.  He advised that the Charlton Road assessment was rounded up to $10,900 based on the Mayor’s memorandum which supported the property owners being assessed the same amount as listed in the easement agreement for the Norton property and that residents for the Sunfish Lake Outlet project be assessed 100 percent of the cost. He noted that the final project cost may be slightly higher due to cost for soil remediation, however, that would not be included in the assessments.  He advised that once the assessment roll is adopted by Council, property owners would have until the end of the year to pay in full with no interest; after that time, the assessment would be spread over a 10-year period with interest.
   
   Attorney Kuntz stated that Council may adopt all the resolutions under the same motion. He explained that the interest only on the bonds to be paid in February 2020 was included in the amount of the bond proceeds issued and that the amount owed is already in the City funds.  He further explained that the City would be levying for bond payments in 2021 in the amount of $138,428, $85,000 for Charlton road, and that is what is driving the increased levy amount for this year. 

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

Councilmember Hovey moved to adopt the following, seconded by Councilmember Bulach: 

Resolution No. 19-23 titled, Resolution Declaring Costs to be Assessed and ordering preparation of proposed assessments for sunfish lake city roject 2018-01 (Charlton Road Improvements)

Resolution No. 19-24 titled, Resolution Declaring Costs to be Assessed and ordering preparation of proposed assessments for Sunfish Lake City Project 2018-02 (Sunfish Lake Outlet Improvements)

Resolution No. 19-25 titled, Resolution Calling for Assessment Hearing with respect to sunfish lake city Project 2018-01 (Charlton Road Improvements)

Resolution No. 19-26 titled, Resolution Calling for Assessment Hearing with respect to sunfish lake city Project 2018-02 (Sunfish Lake Outlet Improvements)

Motion carried. (5-0)

1. Consider Resolution Adopting Feasibility Report for 2020 Road Improvement Project (Angell Road, Sunnyside Lane and Zehnder Road): The resolution was adopted earlier on the agenda under the Engineer’s report.

30. Consider Request for Reimbursement of Fees for City Clerk’s Notary Renewal: Clerk Iago referred to her request for reimbursement of her notary renewal dated August 30, 2019; the approximate cost of $170 includes the Notary Renewal at $120, a filing fee of $20 and purchase of a notary stamp at $30.
    Mayor O’Leary asked if there were any questions and there was no response.
    
    Councilmember Bulach moved to approve the request from the City Clerk for reimbursement of the costs to renew her Notary, filing fees and purchase of a notary stamp, seconded by Councilmember Hansen and carried. (5-0)

1. Discuss November 5 Council Meeting Date or Time Change Due to School Board Election: Clerk Iago explained that the School Board scheduled an election on November 5 and that the City cannot conduct their regular meeting schedule on November 5 until after the polls close at 8:00 p.m. She asked if Council wished to change the time of the regular meeting to start at 8:00 p.m. of if they would prefer to schedule the meeting on a different day.
   
   After a brief discussion, Council concurred to hold the meeting on November 5 starting at 8:00 p.m.
   
   Councilmember Hovey moved to change the starting time of the November 5 Council meeting to 8:00 p.m. and to direct the Clerk to post the appropriate meeting notice with the time change, seconded by Councilmember Hansen and carried. (5-0)

2019. Discuss 2019 Deer Hunt and Update to Three-Year Deer Management Plan: Attorney Kuntz referred to his report dated August 28, 2019 relating to the Deer Management Plan for 2019. He explained this is the third and final year of the 3-year contract.  He advised that the dates have been set and no action is required from Council at this time.  He stated that Sgt. Muellner was present to respond to questions.
      
      Mayor O’Leary asked if Council could approve another 3-year contract at this time and Councilmember Hovey supported moving forward with another 3-year contract.

Attorney Kuntz explained that he could work with staff and Sgt. Muellner to prepare the dates for the new 3-year contract and present the information at the October meeting for adoption.

Council thanked staff and Officer Muellner for their work on the Deer Management Plan.

1. Other: Mayor O’Leary asked if there was any further business and there was no response.
2. 
   ADJOURN:  Mayor O’Leary moved to adjourn the meeting at 9:45 p.m.
   
   

____________________________                              ________________________________

Catherine Iago, City Clerk                                             Dan O’Leary, Mayor