- DRAFT -
SUNFISH LAKE CITY COUNCIL MEETING – JANUARY 4, 2022
7:00 P.M. – ONLINE MEETING
Attendants:
Mayor: Dan O’Leary
Councilmembers: Mike Hovey, Steven Bulach and Shari Hansen
City Attorney: Tim Kuntz
City Planner: Lori Johnson
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. He asked for a moment of silence and reflection for the loss of our beloved colleague, Councilmember JoAnne Wahlstrom. He stated that she was a person of remarkable grace, fairness, kindness and love. He commented that personally he was thrilled any time he had an opportunity to be involved with JoAnne. He stated that he never once met with her without immediately feeling happy and wonderfully relaxed by her smile and her welcomeness. He noted that it was impossible to be in her presence and not feel better yourself.
Mayor O’Leary stated JoAnne will be sorely missed and, on behalf of the Council and staff, heartfelt condolences go out to John and Scott and his family and all who loved her. He asked that those present take a moment to reflect on their most cherished memories of JoAnne and hopefully those thoughts would be sent to JoAnne and felt by John and Scott and his family.
2. APPROVE AGENDA: Mayor O’Leary asked if there were any additions or corrections to the agenda.
Clerk Iago requested that two (2) resolutions be added to the agenda under Item 8.a., 1) Resolution declaring a council vacancy due to the passing of Councilmember Wahlstrom, and, 2) Resolution appointing Ginny Beckett to fill Councilmember Wahlstrom’s unexpired term.
Councilmember Hovey stated that he was contacted by Sgt. Muellner and it was suggested that Council consider extending the current contract with the Metro Bowhunters for an additional three (3) years. He pointed out that by taking this action early, it would be easier to schedule the Metro Bowhunters dates and he asked that this item be placed on the agenda under 8.d. Other.
Mayor O’Leary asked if there were any further additions or corrections and there was no response.
Councilmember Hansen moved to adopt the agenda as amended by adding two (2) resolutions under Item 8.a. and by adding discussion of extending the deer management contract with Metro Bowhunters for an additional three (3) years, seconded by Councilmember Hovey and carried. (4-0)
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 City funds were in good shape due to the bond proceeds and tax collections.
Chief Sturgeon stated that the police department was busier last month due to several medical calls and accidents due to inclement weather with vehicles in ditches along Highway 62.
Mayor O’Leary 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 Hansen and carried. (4-0)
a. Regular Council Meeting Minutes of December 7, 2021
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. a. Adoption of 2022 Standard City Business Procedures: 1. Memo and Resolution Designating Official Newspaper: Mayor O’Leary referred to the memorandum from Attorney Kuntz dated January 4, 2022 requesting Council adoption of the resolution designating the Official City Newspaper for 2022. He asked if there were any questions and there was no response.
Mayor O’Leary moved to adopt Resolution No. 22-01 titled, resolution designating the St. Paul pioneer press as the official newspaper for the city of sunfish lake for the year 2022, seconded by Councilmember Bulach and carried. (4-0)
2. Memo and Resolution Designating Official Depositories for City Monies: Mayor O’Leary referred to the memorandum from Attorney Kuntz dated January 4, 2022 requesting Council adoption of the resolution designating the Fund Depositories for 2022. He asked if there were any questions and there was no response.
Mayor O’Leary moved to adopt Resolution No. 22-02 titled, resolution designating fund depositories for the City of Sunfish Lake for 2022, seconded by Councilmember Hovey and carried. (4-0)
3. Appointment of Acting Mayor: Mayor O’Leary recommended Council appoint Councilmember Hovey, as the senior member of Council, to serve as Acting Mayor for 2022. He asked if there were any questions and there was no response.
Mayor O’Leary moved to appoint Councilmember Hovey to serve as Acting Mayor for 2022, seconded by Councilmember Hansen and carried. (4-0)
4. Re-Appointment of Planning Commissioners Dominick Driano and Tom Hendrickson and Appointment of Planning Chair for 2022: Mayor O’Leary recommended the reappointments of Commissioners Dominick Driano and Tom Hendrickson to serve three-year terms on the Planning Commission, commencing January 1, 2022 through December 31, 2024 and to appoint Tom Hendrickson as Chair of the Planning Commission for 2022. He asked if there were any questions and there was no response.
Mayor O’Leary moved to reappoint Commissioners Dominick Driano and Tom Hendrickson to serve three-year terms on the Planning Commission, commencing January 1, 2022 through December 31, 2024 and to appoint Tom Hendrickson as Chair of the Planning Commission for 2022, seconded by Councilmember Hansen and carried. (4-0)
5. Appoint Weed Control Manager: Mayor O’Leary asked City Forester Nayes if he would be willing to serve as the Weed Control Manager for 2022 and Forester Nayes responded yes.
Mayor O’Leary moved to appoint City Forester Jim Nayes as the Weed Control Manager for 2022, seconded by Councilmember Hovey and carried. (4-0)
6. Appoint NDC4 Council and Resident Representatives: Mayor O’Leary asked if any residents had volunteered to serve on the cable commission.
Teresa Lamey, 55 Windy Hill Road, explained that Councilmember Wahlstrom had agreed to send information relating to serving on the commission, but it was not sent prior to her passing. She asked if someone could forward information for posting on the Facebook page to her.
Clerk Iago stated she would send Teresa contact information for Jodie Miller, Executive Director for NDC4, and that Jodie could provide her with information on the time commitment and duties of serving on the commission.
Mayor O’Leary asked if there was anyone on Council who would be willing to serve as the Council representative to the cable commission and there was no response.
Clerk Iago suggested the Mayor ask the newly appointed Councilmember if they wished to serve on the commission.
Mayor O’Leary agreed and proposed that this matter be tabled to the February 8 meeting. He asked the Clerk to contact Jodie Miller to see if there was some urgency to these appointments.
Clerk Iago advised that she had spoken to Jodie Miller and there did not appear to be any urgency to the appointments.
Mayor O’Leary asked if there were any further comments and there was no response.
Mayor O’Leary moved to table the appointment of the Council and resident representatives to the February 8, 2022 Council meeting, seconded by Councilmember Bulach and carried. (4-0)
6. PLANNING COMMISSION/PLANNER’S REPORT: a. Planner’s Report: Planner Johnson reviewed the following information listed in her report dated December 27, 2021. She explained that the upcoming Planning Commission meeting on January 20, 2022 would be her first meeting.
- 2150 Charlton Road – An application was submitted to install a pathway to the lake and a fire pit with a seating area in the rear yard adjacent to the lake. The Planner advised that she and the City Engineer and City Forester met with the property owner to review a revised plan whereby the path installation is located in the most minimally invasive area to the lake.
The Planner reviewed the December Planning Updates in here report as follows:
1. 369 Salem Church Road: Planner Johnson explained that she, Mayor O’Leary, and Engineer Sandberg met with the homeowners and contractors for this project to discuss the outstanding escrow payment that is pending for this project. She stated that the meeting was very constructive in that everyone came to an agreement on the issuance of a Certificate of Occupancy and a payment plan for the outstanding balance. She noted that some research still needs to be completed regarding the escrow payment and that she would continue to work to resolve this matter.
2. 300 Salem Church Road: Planner Johnson stated that the homeowner requested a final inspection be conducted on the pool and retaining wall work that was approved for this site. She advised that there are some outstanding escrow payments that need to be submitted prior to an inspection taking place. She noted that staff had not received any response from the homeowner since before the December, 2021 Council meeting.
Mayor O’Leary suggested staff send correspondence to the property owner indicating that this matter was brought before Council for discussion at the January meeting and that staff needs to speak to them regarding resolution of the outstanding escrow payment prior to the February meeting.
Councilmember Bulach indicated that the property owners may be out-of-town and that the Planner may need to contact them by email rather than by mail
3. Zoning Ordinance Updates: Planner Johnson stated that it is her goal to process the desired zoning ordinance updates that Council wishes to implement. She referred to the sections of the zoning code listed in her report and stated that these sections were taken from the previous planning notes and were identified as areas that required updating. She noted that these items are only the ones she became aware of during the short time she has worked for the City.
Planner Johnson pointed out that Council has two (2) options for moving forward with the code review. The first option would be to move forward with an overall review and update, which would require staff to go through the entire code to determine what updates and/or housekeeping is required. The second option would be to focus only on the items listed in her report that were noted by the previous planner and/or any other items that Council identifies as requiring attention from staff and also prioritize those needing immediate attention.
The Planner explained that, whichever path Council chooses, she would review time and cost estimates to ensure that the City is still in alignment with their WSB budget goals for 2022. She asked for Council input on this matter.
Mayor O’Leary stated that the sections of the code listed in the Planner’s report were only a partial list of what needs to be reviewed. He stated that during his term on Council, a review of the entire code had not been done and, in his opinion, there is a definite need to “clean-up” the conflicting sections of the code in its entirety. He strongly recommended that the review be done chapter-by-chapter so that future city officials would not have to deal with the conflicting sections and that it would make it easier for residents to understand the regulations that are very confusing at this time. He pointed out that this may be most costly, however, he would prefer the entire document be reviewed.
Mayor O’Leary moved that the Ordinance update be done on a chapter-by-chapter basis in order to review the code in its entirety, to clear up any errors, delete any sections that are no longer applicable at this time, and to add any regulations, as necessary, given what we know of current regulations in 2022 versus 1950, seconded by Councilmember Bulach and carried. (4-0)
Planner Johnson stated she would begin working on the project.
4. Escrows: Planner Johnson stated that when working on the two property escrow issues discussed earlier, it became clear that the City’s escrow requirements are inadequate for the type of construction that is currently being done in the City. She noted that the current fee schedule requires only $2,500 be submitted as escrow for a major site plan review. She advised that this amount does not usually cover the time that staff spends on this type of review, which is time consuming. She advised that she did research to determine what escrow amount would be appropriate based on WSB’s staff time on projects and what other cities require for escrows.
The Planner suggested that she would further research this matter and determine a reasonable escrow amount for submission with construction applications. She further explained that she would also research language to be added to future land use applications to clarify the escrow payments, and would work with staff to determine an “escrow agent” that would maintain records of the escrow usage, billings and returning funds. She advised that she had been working with the City Treasurer to resolve the aforementioned escrow situation.
Mayor O’Leary explained that the City of Edina requires a $10,000 escrow with their applications. He pointed out that, with the average cost to build a home in Sunfish Lake, the escrow amount collected may have to be higher than that amount.
Planner Johnson stated she would review previous applications to help determine an appropriate dollar amount for escrow payment with an application.
Councilmember Bulach explained that he had worked on the project at 300 Salem Church Road and that the residents had complained to him about the escrow. He suggested they request a breakdown of the charges from the City. He noted that the statement sent to the property owner included costs for staff to respond to neighbors’ complaints related to their project. He asked why the property owner would pay for staff time to respond to a neighbor’s complaint. He indicated that the residents at this location may wish to negotiate the costs. He expressed his support for staff review of the entire zoning code. He further commented that he had experienced similar issues relating to being billed for staff time to respond to complaints from neighbors when he applied for a project at his home.
Mayor O’Leary explained that it would appear to be reasonable for staff to charge the property owner if complaints caused the staff time to review something that did not meet the approved conditions of the application.
Councilmember Bulach explained that he was unsure of the circumstances that prompted the complaint, however, it was his opinion that the if the plan was completed as approved, the resident should not be charged for staff time to respond to a neighbor’s complaint.
Engineer Sandberg explained that the neighbor had asked the property owner questions and, rather than respond to the questions, the property owner told them to contact the City. He agreed that it is a “grey” area trying to determine what should be billed for escrow time, however, he noted that staff was very careful when reviewing the billing statement for this property to make sure the charges were appropriate.
Mayor O’Leary asked the City Attorney for an opinion regarding what could be designated for payment by the property owner versus taxpayers when a neighbor complains about a project.
Attorney Kuntz responded that if the complaint relates to an alleged violation or failure to meet City standards for the project, it would be the homeowner responsibility to pay the fees, and, if there was no violation related to the project, the City would pay for staff time.
There was discussion relating to the difficultly to ascertain how the costs should be charged and whether or not the property owner would have recourse to sue the neighbor who filed a complaint to recover the costs associated with staff time to handle the matter.
Councilmember Bulach stated this is the first time Council had discussed this type of issue and, in his opinion, it would be best to increase the escrow amount so that this does not occur in the future. He noted that it may be costly up-front, but it would be better to return money to the property owner versus asking for more after the fact.
Councilmember Hansen suggested that it would be appropriate for staff to discuss future escrow expectations with property owners when they submit an application for a project.
Mayor O’Leary pointed out that staff may also wish to note the fact that lack of communication with neighbors may increase the costs due to the staff time to respond to questions and complaints.
Clerk Iago suggested that it may be appropriate to invite neighboring property owners to Planning Commission site visits, so they may pose questions at that time. This used to take place before COVID impacted things.
Teresa Lamey, 55 Windy Hill Road, asked if the owners had moved into the new home at 369 Salem Church Road. She explained that she had received questions from residents and heard complaints relating to light pollution from this property.
Mayor O’Leary explained that the Certificate of Occupancy was issued for that property, however, he was not aware of any complaints relating to light pollution. He asked staff if the outside lighting was approved with the application.
Engineer Sandberg stated that the outside lighting was approved and that the lighting on the interior of the home would have been approved by the Building Official prior to issuing the Certificate of Occupancy.
Mayor O’Leary asked if there were any further questions and there was no response.
Council thanked the Planner for her report.
7. ENGINEER’S REPORT: 1. Engineering Activities Undertaken in December: A. Meetings Attended: Staff attended a meeting with the Mayor, City Planner, Building Inspector and resident to discuss the fees related to the development at 369 Salem Church Road.
2. Building and Site review in the Month of December: A. Staff conducted reviews for the following properties in December:
- 39 Windy Hill Road – Staff worked with the Fire Chief to determine the appropriate fire number for this property and
delivered the fire number to the resident for posting.
- 2150 Charlton Road: Staf reviewed a revised plan for a walkway to the lake.
- 15 Sunnyside Lane: Staff completed a final inspection of home demolition at this property.
3. Public Works Activities Undertaken in the Month of December: A. Staff coordinate work with the City’s snowplow contractor for several snow clearing events in December. Staff also responded to a number of concerns raise by residents and coordinated activities with the snowplow contractor as was necessary.
4. Anticipated Engineering and Public Works Activities for January: A. Staff will continue to work with the City snowplow contractor to keep roads clear and safe. Residents should email concerns to
Engineer Sandberg stated that a consultant from Dakota County asked to attend the February council meeting in order to provide an overview of the Dakota County Visioning Plan. He noted that he had been attending meetings and participated in the discussions with Dakota County staff.
Mayor O’Leary suggested that this be added to the February 8, 2022 agenda under Item 5. Presentations.
Council concurred and directed Clerk Iago to add this item to the February agenda.
Councilmember Hovey asked if the Engineer had received any complaints relating to the revised traffic flow at the intersection of Salem Church Road and Delaware Avenue. He commented that it is “scary” approaching Delaware from Salem Church Road as the pavement has a substantial drop in height.
Engineer Sandberg stated that he had not received any calls with concerns relating to that intersection. He agreed there is a definite change in slope from Salem Church Road. He indicated that it is possible the friction treatment applied by Dakota County is working to stop traffic in inclement weather or it may be due to the pre-treatment applied by the snowplow contractor.
Council thanked the Engineer for his report.
8. NEW/OTHER BUSINESS: a. Discuss Appointment to Fill Council Vacancy and Consider Resolution Declaring Council Vacancy and Resolution Appointing Person to Fill Council Vacancy: Attorney Kuntz explained that Councilmember Wahlstrom’s term would expire December 31, 2022 and that Council may appoint a person to fill the unexpired term since it was less than two years long. He advised that if the term had been more than two years, the City would have to call for a special election in November to fill the unexpired term.
The Attorney referred to the proposed resolutions he had sent by email to Council that declare a vacancy on Council and that appoint a person to fill the unexpired term of office. He recommended Council adopt the two (2) resolutions.
Mayor O’Leary asked if there were any questions and there was no response.
Mayor O’Leary moved to adopt Resolution No. 22-03 titled RESOLUTION DECLARING COUNCIL VACANCY DUE TO UNEXPIRED TERM OF OFFICE FOR DECEASED COUNCILMEMBER JOANNE WAHLSTROM, seconded by Councilmember Hovey and carried. (4-0)
Mayor O’Leary explained that past practice had been for Council to appoint a member of the Planning Commission to fill a vacancy on Council. He stated that he had contacted Planning Chair Tom Hendrickson to discuss appointment of Planning Commissioner Ginny Beckett to serve as the appointee to fill the vacancy and Chair Hendrickson agreed Commissioner Beckett would be a great addition to Council. He further stated that he had contacted Ginny Beckett and she agreed to fill the unexpired term of Councilmember Wahlstrom through December 31, 2022.
Mayor O’Leary moved to adopt Resolution No 22-04 titled, RESOLUTION APPOINTING PERSON TO FILL COUNCILMEMBER JOANNE WAHLSTROM’S UNEXPIRED TERM OF OFFICE and that Ginny Beckett be appointed to fill the unexpired term of office effective February 1, 2022, seconded by Councilmember Hansen and carried. (4-0)
b. Discuss Employment Agreements and Independent Contractor Agreements Between the City of Sunfish Lake and the City Clerk, City Administrator, City Treasurer and City Forester: Attorney Kuntz stated that past practice had been for Council to conduct staff evaluations in December and then appoint two (2) Councilmembers to discuss and recommend salary adjustments for the City Clerk, City Administrator, City Treasurer and City Forester at their January meeting. He stated that Council deferred the staff reviews until January this year and, therefore, Council could appoint a committee to discuss salary adjustments this evening and ask that they make a recommendation at the February meeting. He stated a salary increase could be approved retroactive to January 1, 2022.
Mayor O’Leary advised that Councilmembers Bulach and Hovey had served in this capacity in the past and he asked if these two wished to meet to discuss salary increases.
Councilmember Bulach responded that he and Councilmember Hovey had met in August and determined that a 3-percent salary increase would be appropriate for these positions. Councilmember Hovey concurred.
Mayor O’Leary asked if there were any questions or comments and there was no response.
Mayor O’Leary moved to approve a 3 percent salary increase for the positions of City Clerk, City Administrator, City Treasurer and City Forester, retroactive to January 1, 2022, seconded by Councilmember Hansen and carried. (4-0)
Attorney Kuntz stated that he would prepare the addendums to the employment agreements for these positions for approval by Council at their February 8, 2022 meeting.
c. Deer Management Report: Police Chief Sturgeon reported that the Metro Bowhunters removed 5 deer and the residents took 2 deer for a total of 7 deer removed during the hunting period this year. He stated that two of the deer were antlered and 5 were antlerless. He advised that all deer taken by the Metro Bowhunters tested negative for Chronic Wasting Disease. He further stated that sightings of deer were low this year, which may show that the program is working.
d. Consider Extension of Three-Year Contract with Meto Bowhunters for 2023, 2024 and 2025: Councilmember Hovey suggested that Council consider extending the Deer Management Program at this time rather than wait until fall in order to secure dates to utilize the Metro Bowhunters group. He explained that the program appears to be keeping the deer at a manageable level within the City.
Mayor O’Leary asked if there were any comments or questions and there was no response.
Councilmember Hovey moved to approve the extension of the Deer Management Program for an additional three-year period beginning 2023 through 2025, seconded by Mayor O’Leary and carried. (4-0)
Police Chief Sturgeon recommended that staff work with the City Attorney to amend the wording in the Metro Bowhunters Contract due to a situation that occurred in another city. He advised that the current contract may include language requiring personal information from the hunters. He explained that residents in other cities that opposed hunting deer found the home address of a Metro Bowhunter and harassed him at his home. He stated that the City did not need to maintain personal information on the hunters in the contract, since they would have other methods of obtaining this information.
Mayor O’Leary suggested the Chief work with the City Attorney to review and amend the contract language as necessary.
Mayor O’Leary asked if there was any further business.
Councilmember Bulach questioned if the City has any regulations or policy that prohibits picketing within the City limits. He explained that he received a call from a neighbor who expressed concern that the Teamsters union had been picketing his business and that they may come to his home to picket.
Police Chief Sturgeon stated he was contacted by this neighbor and advised him the police would make extra trips past the home. He explained that picketers are allowed to do so near private property as long as they are on a public street and are not blocking traffic. He further noted that the City of Mendota Heights does have regulations restricting picketers, however, he is unsure if it is unconstitutional to prohibit picketing.
Attorney Kuntz stated he was also unsure and would have to research the matter.
Chief Sturgeon stated that if law enforcement asks the picketers to leave the property, they would have to leave and it would then be their responsibility to determine if their constitutional rights had been violated.
Council concurred that it may be appropriate to have an ordinance that prohibits this type of activity within the City and directed the City Attorney and Police Chief to further research this matter and prepare an ordinance for Council to review at the February Council meeting.
Chief Sturgeon stated he could provide the City Attorney with copies of ordinances from cities within Dakota County pertaining to this matter.
Mayor O’Leary asked that the Chief also forward the documents to him.
Attorney Kuntz suggested that the Deer Management contract be delayed until the March meeting to provide staff time to revise the language in the document relating to submitting personal information about the Metro Bowhunters.
Council concurred to delay further discussion until the March meeting.
Mayor O’Leary asked if there was any further business and there was no response.
9. ADJOURN: Mayor O’Leary adjourned the meeting at 8:22 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.