SUNFISH LAKE CITY COUNCIL MEETING – APRIL 4, 2023

 

DRAFT - SUNFISH LAKE CITY COUNCIL MEETING

 APRIL 4, 2023

FIRST CALVARY BAPTIST CHURCH – 5495 S ROBERT TRAIL

7:00 P.M.

Attendants:
Mayor:                            Dan O’Leary

Councilmembers:         Steven Bulach, Shari Hansen, Mike Hovey, and Shannon Nelson

City Attorney:               Tim Kuntz

City Forester:               Jim Nayes
Police Chief:                  Brian Sturgeon

City Engineer:               Jeff Sandberg

City Planner:                 Kim Lindquist

City Forester:                Jim Nayes

City Clerk:                       Christy Wilcox

                                         Members of the General Public

 

  1. CALL TO ORDER: Mayor O’Leary called the meeting to order 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 Hovey moved to adopt the agenda as presented, seconded by Councilmember Bulach.  Motion carried (5-0).

  1. CONSENT AGENDA: Mayor O’Leary asked if there were any questions or comments relating to any items on the Consent Agenda and there was no response.        

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

  1. Regular Council Meeting Minutes of March 7 , 2023
  2. List of Bills
  3. Monthly Financial Statements
  4. Receive Building Inspector Report
  5. Receive Forester Report
  6. Receive Public Safety Report

 

  1. COMMENTS FROM THE PUBLIC: The Mayor asked if there were any comments from the public.

The following residents spoke with questions and concerns relative to Governor Walz and his family moving into Sunfish Lake:

  • Mike Costello, 2150 Angell Road
  • Shari Wilsey, 300 Salem Church Road
  • Vanessa Bonfe, 331 Salem Church Road
  • Sally English, 47 Sunnyside Lane

The general concerns by the residents consisted of how is the City going to handle any protesting that may occur, who will protect the residents if there is protesting, parking on Angel Road, and keeping the general peacefulness and privacy of the neighborhood.

After comments from the public, Police Chief Sturgeon and Mayor O’Leary addressed the concerns and questions from the residents.  More information will be provided prior to Governor Walz moving to Sunfish Lake.


  1. PUBLIC HEARINGS/PRESENTATIONS:

       There were no public hearings or presentations.

  1. PLANNING COMMISSION/PLANNER’S REPORT:
  2. 32-55th Street West – Major Site Plan Review.  Mayor O’Leary opened the meeting for the purpose of a public hearing on the application for a Major Site and Building Plan Review for the property located at 32-55th Street West. 

The Planner referred to the report dated April 4, 2023, as well as the presentation packet that was distributed this evening.  The property is zoned Rural Residential and is located in the R-1, Shoreland Overlay.   She advised that the homeowners have applied for a Major Site and Building Plan Review approval.  The applicants are Jim and Jeannine Nayes, the acreage of the site is 3.55 and the existing land use is Rural Residential and is located in the R-1 Shoreland Overlay District.

The Planner stated the new home will be 4,408 square feet, have two (2) exterior decks which consist of a cement pad for a hot tub (west) and at the exit from the main level to the ground at the rear of the home.  The property exceeds the setback requirements and the impervious surface of 4.9% meets requirements.  The building coverage is 2% and also meets the requirements.  The existing driveway access on 55th Street West will remain.

As shown on the presentation, the house will be Verseta steel siding, Ascend siding and the stone will be removed from the plans submitted.  The height of the house will be 26.75 and does meet the height requirements.

The Planner went over the landscaping and tree removal/preservation.  There will be only one significant tree removed and it will be replaced with one White Pine. The new home will also have a solar array.  All lighting will be on the building with one pole mounted (existing) light near the driveway which meets the City requirements.  The DNR area hydrologist confirmed there are no comments on this project.

The Planner stated that staff recommends approval of the Major Site and Building Plan Review subject to the Findings of Fact and with the eleven (11) conditions as listed in the Planner’s report, both documents dated March 16, 2023.


Mayor O’Leary asked if there were any further comments from the property owner and public at this time. 

Mayor O’Leary asked if the City Council had any questions or comments. 

Mayor O’Leary moved to adopt Resolution No. 23-09 titled, RESOLUTION APPROVING MAJOR SITE AND BUILDING PLAN REVIEW FOR THE CONSTRUCTION OF A NEW HOME ON THE PROPERTY AT 32-55TH STREET WEST, SUNFISH LAKE, DAKOTA COUNTY, MINNESOTA, seconded by Councilmember Hovey.  Motion carried.  (5-0).

  1. Planner Report:

 

  1. 205 Salem Church Road: Staff has deemed the major site plan application complete and this item will be reviewed by the Planning Commission on May 18, 2023, and by the City Council on June 6, 2023.
  2. 11 Salem Lane: Staff has deemed the major site and building plan application complete, and this item will be reviewed by the Planning Commission on May 18, 2023, and by the City Council on June 6, 2023.
  3. 32 55th Street West: The major site and building plan review application is on the agenda this evening.
  4. 410 Salem Church Road: Butch Spenger of Destiny Homes has applied for major site and building plan view for Tim and Kristel Barber.  The Barbers are planning a garage addition that exceeds 1,000 square feet which requires the major review.  Staff has deemed this application complete, and this item will be reviewed by the Planning Commission on May 18, 2023, and by the City Council on June 6, 2023.
  5. Ordinance Updates: Several chapters have been redlined and the Mayor and I will be meeting to discuss the proposed ordinance changes.
  6. 2050 West Angell Road Complaint: A complaint was received from a resident regarding outdoor parking, a small portable sign, an above ground pool and a chicken coop at this address. Staff has been in touch with this property owner who has agreed to remove the pool and obtain a chicken permit.  The property owner stated the sign is no longer in place on the property.
  7. 2144 Charlton Road: Questions have been received regarding the need for a variance to expand the garage on this site.  No formal land use application has been made.
  8. Meeting of April 20th: There will not be a Planning Commission meeting in April.
  1. ENGINEER’S REPORT:

 

  1. Engineering Activities Undertaken in the Month of March. The following Engineer’s Report reflects the Engineering activities undertaken this past month.

 

  • City of Sunfish Lake 2023 Map – Staff has updated the City map with 2023 GIS Data from Dakota County.
  • No Solicitation Signage – The signage has not been finalized as staff works with the City Attorney on statute language to add to the sign.
  • Natural Shoreline Workshop – Staff worked with the LMRWMO to develop a personalized postcard for the City of Sunfish Lake that advertises a Natural Shoreline Workshop that will be presented by the LMRWMO on April 13th at 6:00 p.m. at the Mendota Heights City Hall. Staff printed 100 postcards that were sent to lakeshore property owners around Hornbeam, Horseshoe, and Sunfish Lakes. This effort will satisfy the education component of the City’s MPCA NPDES permit. The associated costs were accounted for in the 2023 Engineering budget.

 

  1. Building and Site Reviews in the Month of March. Staff conducted reviews for the following properties this past month:

 

  • 11 Salem Lane – Staff is reviewing the latest submittal for this property for Major Site Plan. It is anticipated this application will be heard at the May Planning Commission meeting.
  • 205 Salem Church Road – Staff reviewed the latest submittal, and this application will be considered at the May Planning Commission meeting.
  • 410 Salem Church Road – Staff is reviewing the latest submittal for this property for Major Site Plan. It is anticipated this application will be heard at the May Planning Commission meeting.
  • 100 Windy Hill Road – Staff reviewed an application and plans to create a sliding hill on the property with excess fill material from the home construction. Administrative approval was given with conditions.

 

  1. Public Works Activities Undertaken in the Month of March

 

  • The City of Sunfish Lake follows MnDOT’s timelines set for placing road restrictions. Road restrictions went into effect on SFL city streets on March 3rd. City staff posted the necessary street signage. It is anticipated that road restrictions will come off sometime in April or May (dictated by MnDOT).
  • Staff worked with the city contractor on snow removal and addressing areas of concern by residents.

 

  1. Anticipated Engineering/Public Works Activities for the Month of April

 

  • The 3-year snowplowing contract will end at the end of April. State statutes mandate that the city advertise to contractors for bids. Staff will advertise for bids for 1-year and 3-year contracts and anticipates making a recommendation for snow clearing services for 2024 (and potentially for 3 years) at the May City Council meeting.

 

  • Staff will work with the city’s snowplowing contractor to ensure that roads remain safe for travel. If residents find areas on city streets that need additional attention, they should email the contractor at This email address is being protected from spambots. You need JavaScript enabled to view it. and copy City Engineer Jeff Sandberg at This email address is being protected from spambots. You need JavaScript enabled to view it.

  1. NEW/OTHER BUSINESS:

 

       8-A  Consider Bids for Tree Removal Services.   City Forester Jim Nayes is requesting bids for removal of 37 marked trees along 60th Street, Zehnder Road, Windy Hill Court, Angell Road and Sunny Side Lane.  Requests for bids were sent to the same three tree care companies as in 2022.  All three companies have the appropriate insurance in force and all have the capacity to complete the tree removals as identified.  Based on the information submitted, City Forester recommends that the City choose the lowest cost bid as submitted by Morgan’s Tree Service in the amount of $7,125.00.

Mayor O’Leary moved to accept the bid by Morgan’s Tree Service in the amount of $7,125.00 for the removal of 37 trees, seconded by Councilmember Hovey.  Motion carried (5-0).

       8-B  City Code Amendments to Chapter 610 – Peddlers, Solicitors and Transient Merchants.  The City Attorney provided background of the recommended changes to the ordinance relating to peddlers, solicitors and transient merchants.   The City must also establish fees for the license, background  investigation and photo identification.

Mayor O’Leary moved to adopt Ordinance No. 23-02, an Ordinance amending the Sunfish Lake City Code, Chapter 610 Relating to Peddlers and Solicitors and Transient Merchants, seconded by Councilmember Nelson.  Motion carried (5-0).

Mayor O’Leary moved to adopt Resolution No. 23-09, establishing fees relating to Chapter 610 of the City of Sunfish Lake Code regarding Peddlers and Solicitors, seconded by Nelson.  Motion carried (5-0).

        8-D & 8-E   Establishing and Approving a Program for Employee Recognition and Approving Expenditures Related to City Clerk Retirement and Holding of Retirement Event.

 

Mayor O’Leary moved to adopt Resolution No. 23-11, Establishing and approving a program for Employee Recognition pursuant to Minn. Stat. §15.46, seconded by Councilmember Bulach.  Motion carried (5-0).

Mayor O’Leary moved to adopt Resolution No. 23-12, Approving City expenditures related to City Clerk retirement event and approving holding of retirement event, seconded by Councilmember Bulach.  Motion carried (5-0).

       8-F  Cost Agreement between the City of Sunfish Lake and Dakota County for Election Equipment.  City Clerk gave a brief overview of the devices that are being proposed to be replaced, which included the electronic poll books hardware and software.

Councilmember Hovey moved to approve a cost sharing agreement between the City of Sunfish Lake and Dakota County for Election Electronic Poll Books Hardware, Software and Related Services, seconded by Councilmember Bulach.  Motion carried (5-0).

 At this time Mayor O’Leary read a letter that he sent to Xcel Energy regarding his concerns relating to the recent storm and power outage.

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

  1. ADJOURN: Mayor O’Leary adjourned the meeting at 8:44  p.m.

 

 

____________________________                                ________________________________

Christy Wilcox, City Clerk                                                  Dan O’Leary, Mayor