7:00 P.M. - ST. ANNE’S EPISCOPAL CHURCH

Attendants:

Mayor: Molly Park

Councilmembers: Mike Hovey and Steven Bulach

City Attorney: Tim Kuntz

City Building Official: Mike Andrejka

City Planner: Michelle Barness
City Engineer: Don Sterna
City Forester: Jim Nayes

City Treasurer: Ann Lanoue

City Clerk: Cathy Iago

and Members of the General Public

Councilmembers Cathy DeCourcy and JoAnne Wahlstrom and Police Chief Manila Shaver were absent.

1. CALL TO ORDER- ADMINISTER OATHS OF OFFICE TO NEWLY-ELECTED OFFICIALS: Mayor Park opened the meeting at 7:00 p.m. City Clerk Iago administered the Oaths of Office to newly-elected officials Mayor Park and Councilmember Hovey.

2. APPROVE AGENDA: Mayor Park asked if there were any additions or corrections to the agenda. She explained that she was advised there would not be a quorum present for the February 3, 2015 Regular Council meeting and asked that discussion of changing the February meeting date be placed on the agenda under Item 8.c.

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

Councilmember Hovey moved approval of the Agenda as amended, seconded by Councilmember Bulach and carried. (3-0)

3. CONSENT AGENDA: The Mayor asked if there were any questions or comments relating to any items on the Consent Agenda.

Clerk Iago explained that she had distributed a corrected version of the Regular Council meeting minutes of December 2, 2014 with some minor grammatical corrections on Page 7 highlighted in yellow. She asked that Council approve the corrected version distributed this evening.

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

Councilmember Hovey moved approval of the Consent Agenda with the corrections to the Regular Council Meeting Minutes of December 2, 2014 as distributed this evening, seconded by Councilmember Bulach and carried. (3-0)

4. COMMENTS FROM THE PUBLIC: Mayor Park asked if there were any comments from the public and there was no response.

5. 2015 STANDARD BUSINESS PROCEDURES: a. Appointment of Acting Mayor: Attorney Kuntz explained that State Statutes require that at the first meeting each year, Council must appoint a member to serve as acting-mayor in the absence of the Mayor.

Mayor Park recommended the appointment of Councilmember Hovey as the senior Councilmember to serve as Acting Mayor in her absence in 2015.

Councilmember Bulach moved to approve the appointment of Councilmember Hovey to serve as Acting Mayor in the absence of the Mayor in 2015, seconded by Mayor Park and carried. (3-0)

b. Appointment of Planning Commissioners and Chair: Mayor Park recommended the reappointment of Planning Commissioner Andrea McCue and the appointment of Dan O’Leary to serve three-year terms commencing in 2015 and that Andrea McCue be reappointed as Chair of the Commission for 2015. She explained that Dan O’Leary is a very gifted attorney and had graciously agreed to appointment on the commission.

Mr. O’Leary briefly described his background as a personal injury attorney and experience with inverse condemnation with the West St. Paul Charter Commission. He commented that he moved to Sunfish Lake because of the City’s strong commitment to retaining the rural atmosphere that benefits its residents.

Mayor Park commended former commissioner Tom Schlehuber for his dedicated service over the past six years.

Councilmember Bulach moved to approve the reappointment Andrea McCue and the appointment of Dan O’Leary to serve three-year terms as Planning Commissioners commencing in January, 2015 and the reappointment of Andrea McCue to serve as Chair of the Commission for 2015, seconded by Councilmember Hovey and carried. (3-0)

c. Memo and Resolution Designating Official Newspaper: Mayor Park referred to the memorandum from the City Attorney stating that Council must designate an official newspaper annually for publication of legal notices and public hearings. She also referred to the memorandum from Clerk Iago and the letter from the Lille Suburban Newspapers requesting the SouthWest Review be designated as the official newspaper for 2015 dated January 2, 2015.

Clerk Iago explained that Lillie Suburban Newspapers had submitted their request for the SouthWest Review to be designated as the City of Sunfish Lake Official publication for the year 2015. She stated that she contacted the publisher, Mr. Jeff Enright, regarding the substantial fee increase and he advised that the amounts were incorrect. She noted the fee increase for 2015 should be $7.50 per column inch for a one-time publication and $7.00 per column inch for each additional publication; the rates for 2014 were $7.00 and $6.75. She recommended appointment of the SouthWest Review as the official newspaper for 2015.

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

Councilmember Bulach moved to adopt Resolution No. 15-01 titled, RESOLUTION DESIGNATING THE SOUTH-WEST REVIEW NEWSPAPER AS THE OFFICIAL NEWSPAPER FOR THE CITY OF SUNFISH LAKE FOR 2015, seconded by Councilmember Hovey and carried. (3-0)

d. Memo and Resolution Designating Official Depositories for City Monies: Mayor Park referred to the memorandum from the City Attorney advising that each year the City designates official depositories for City funds.

Attorney Kuntz stated that he had discussed the depositories with Treasurer Lanoue who recommended that Wells Fargo Bank and Wells Fargo Advisors be designated as the official depositories for the City for 2015.

Treasurer Lanoue explained that she has been satisfied with the performance of Wells Fargo and Wells Fargo Advisors and that they are FDIC insured. She stated that the City has had a good relationship with the bank.

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

Councilmember Hovey moved to adopt Resolution No. 15-02 titled, RESOLUTION DESIGNATING FUND DEPOSITORIES FOR THE CITY OF SUNFISH LAKE, seconded by Councilmember Bulach and carried. (3-0)

e. Appointment of Representatives to Cable Commission: Mayor Park explained that James Sullivan has served the City well as the citizen representative to the Cable Commission, however, she advised he no longer wishes to serve on the Cable Commission. The Mayor stated that he asked if Mr. Sullivan would attend the January meeting since she will be out-of-town and she has not been able to find a replacement. She asked the City Attorney if Council could appoint Mr. Sullivan to serve on a temporary basis so that he may attend the January Cable Commission meeting and Attorney Kuntz responded yes. She advised that Councilmember Wahlstrom had agreed to continue to serve as the Council representative to the Cable Commission.

The Mayor recommended James Sullivan be temporarily appointed to serve and Councilmember Wahlstrom be appointed to serve the two-year term commencing January, 2015 through January 2017.

Councilmember Bulach moved to confirm the appointment of Councilmember Wahlstrom as the Council representative to the Northern Dakota County Cable Communications Commission (NDC4) for a two-year term commencing January 2015 through January 2017 and James Sullivan be temporarily appointed to serve as the citizen representative until permanent replacement is appointed , seconded by Councilmember Hovey and carried. (3-0)

f. Appointment of Weed Control Manager: Mayor Park recommended the appointment of City Forester Jim Nayes, dba/Living Sculpture Tree and Shrub Care, Inc. as the Weed Control Manager for 2015.

Councilmember Hovey moved to approve the appointment of City Forester Jim Nayes, dba/Living Sculpture Tree and Shrub Care, Inc. as the Weed Control Manager for 2015, seconded by Councilmember Bulach and carried. (3-0)

g. Appointment of Watershed Management Organization Representative: Mayor Park explained that Gloria Williams had served as the citizen representative to the organization, but that she was unable to continue due to family health issues. She recommended that she be appointed to serve as the Council representative and that City Clerk Iago be appointed to serve as the alternate.

Councilmember Bulach moved to appoint Mayor Park to serve as the representative to the Lower Mississippi Watershed Management Organization (LMWMO) and City Clerk Iago to serve as the alternate, seconded by Councilmember Hovey and carried. (3-0)

b. Consider Major Site and Building Plan Review, 2035 Charlton Road, St. Anne’s Church: Planner Barness stated that St. Anne’s Church is requesting Major Site and Building Plan approval for site improvements on their property located at 2035 Charlton Road. She explained the property is located within the Institutional District and the applicant wishes to reorganize the parking area and update with new surfacing and curbing, install new concrete paths, an outdoor patio, an outdoor play area, and updates to the site lighting, electric utilities and septic systems.

The Planner explained that 2-acres of the site would be impacted and that the applicants are proposing to reconfigure the parking lot area to include a driveway area for access to the doors of the building. She stated there would be an outdoor gathering space and a play area for children. She advised that the existing home on the property would be demolished and that options for demolition are being discussed. She noted that the applicants would remove one old septic system and wish to re-use and reconnect the newer septic system that was installed for the home to kitchen and bathroom facilities in the church building.

Planner Barness explained that all the proposed accessory structure uses are permitted and meet setback requirements. She stated that there would be sufficient screening by existing tree coverage and that the parking lot area would provide the required amount of parking and additional spaces. She reviewed the proposed lighting plans and distributed photographs of the tall lights proposed for the parking lot area and the bollard lights also proposed for the site. She noted that the lighting would be hooded and would not provide any direct glare onto adjacent properties; she stated that staff would insure the lighting meets these requirements once it has been installed.

Councilmember Hovey asked how the proposed lighting compares to the existing lighting on the site.

Dennis Thompson, representing St. Anne’s Church, explained that there are currently three (3) yard lights on the property that would be removed and the new lighting would be directed downward so that it would not impact adjacent properties. He noted that this would dramatically reduce an impact to adjacent properties.

Planner Barness explained that a 5 ft. high aluminum fence is proposed for the play area and she distributed diagrams showing the play area equipment and the fence.

Mayor Park asked if there are any other aluminum fences within the City. The Planner stated she was unsure, but advised that the proposed fence is allowed.

Dennis Thompson explained that the fence would be decorative with flat bars and a bar across the top for safety purposes. He noted that the fence would be either black or bronze to match the proposed lighting fixtures.

The Planner stated that the applicants do not plan to install the fence immediately, most likely after the playground equipment has been installed.

Mayor Park asked if the changes to the parking lot area and increased impervious surface would change the drainage.

Engineer Sterna explained that he had reviewed the plan and found it would meet drainage requirements.

Planner Barness advised that the engineer had submitted a report and recommended minor changes; she noted that a rain garden was proposed for installation on the west edge of the site.

Councilmember Hovey asked if there would be curb installed on the south side of the parking area.

Dennis Thompson stated that there would be curbing installed around the entire parking lot area and the runoff would be captured at the west end of the site with the overflow directed to the marsh area.

Councilmember Hovey asked if the curbing would be installed near the antenna structure and if so, would there would be any concerns related to accessing the equipment storage area.

Engineer Sterna explained that the curb should not create any issues and that a vehicle should be able to back over the curb to access the equipment storage area.

Planner Barness pointed out that there is a private access easement that overlaps the parking lot area and staff recommends that the easement be updated and recorded to allow access to the antenna site.

The Planner explained that there is an area identified where a drainage easement should be provided and the applicants preferred not to dedicate the easement to the City at this time. She stated that she discussed this issue with the City Attorney and he recommended that language be inserted into the conditions of the resolution that identifies the drainage easement on Exhibit A and requires the following:

- No building shall be constructed or placed in the drainage area without accommodating this drainage by re-grading or

other means, and without approval from the City of Sunfish Lake;

- No filling shall occur in the drainage area without accommodating this drainage by re-grading or other means, and

without approval form the City of Sunfish Lake; and,

- The drainage easement as shown on the revised plans dated December 30, 2014 shall be deleted and new plans

submitted if it is not the intention of the applicants to dedicate the easement at this time.

Planner Barness stated that the applicants agreed to provide additional information to the City to address all the City Engineer’s concerns and agreed to provide the City a copy of the National Pollutant Discharge Elimination System (NPDES) Construction permit before construction begins.

Mayor Park asked who would monitor the site during construction and what the time-line would be for the project.

The Planner advised that she and the City Engineer conduct pre and post construction visits to the site to insure that erosion control methods are installed and remain in place during construction.

Dennis Thompson explained that the church would solicit bids in February and March and wishes to begin construction in the spring.

Mayor Park asked how long construction would occur and where parking would be directed during the project.

Dennis Thompson explained that the church plans to replace the poor soils and install gravel for parking; he noted that the plan to increase the parking lot was based on the fact and there are some events where parking overflows off the lot.

Councilmember Hovey commented that he has had difficulty accessing his driveway when overflow parking occurs.

Councilmember Hovey questioned if there was a reason why the church does not wish to grant an easement to the City.

Attorney Kuntz explained that there is a drainage area on Charlton Road with a bridge that crosses the area and the church preferred to retain the property rights for this area. He pointed out that the language included in the resolution provides for the City to retain the right to approve any future improvements related to the drainage area.

Councilmember Hovey expressed concern relating to the potholes that occur on the north end of Charlton Road and asked if the drainage would impact the road in this area.

Engineer Sterna responded no and explained that water pools and remains on the road which causes the potholes to appear; he indicated that other solutions to eliminate the problem had been discussed in the past but no decisions were reached.

Planner Barness explained that the septic system installed in 1960 would be removed and applicants wish to reconnect the newer system with approval from the septic inspector.

Dennis Thompson stated that he contacted the septic inspector today and reviewed the calculations for the newer septic system; he commented that the inspector appeared to agree with the calculations as presented.

Councilmember Hovey asked if the well at the home would be removed. Dennis Thompson explained that the church would continue to use the well from the home and that there are two separate wells on site.

The Planner reviewed the proposed resolution with the Planning Commission findings of fact for approval of the request and the conditions are listed in the resolution.

Councilmember Bulach asked if the height of the curbing along Charlton Road would be properly placed for drainage purposes.

Engineer Sterna indicated that he may recommend the curbing not be extended all the way out to the road to allow flexibility for future City improvements to the road.

Planner Barness pointed out that the curbing does not extend to the road and showed a diagram where the curb ends on the property.

Councilmember Hovey asked if the curb would be concrete and Mr. Thompson responded yes.

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

Councilmember Bulach moved to adopt Resolution No. 15-04 titled, RESOLUTION APPROVING MAJOR SITE AND BUILDING PLANS FOR SITE IMPROVEMENTS FOR THE PROPERTY LOCATED AT 2035 CHARLTON ROAD, DAKOTA COUNTY, MINNESOTA, based on the findings of fact and subject to the conditions as listed in the resolution, seconded by Councilmember Hovey and carried. (3-0)

c. Consider Minor Subdivision & Conditional Use Permit Review, Lot 2, Block 1, Windy Hill Road, Bancroft & Riley Property: Planner Barness explained that Dick and Deborah Bancroft and Jon Riley are requesting approval of a Minor Subdivision and Conditional Use Permit (CUP) for Lot 2, Block 1, windy Hill. She noted the property is located within the R-1 Single Family residential and Shoreland Overlay Zoning District and the Bancrofts currently own the subject property and several adjacent lots. She advised that the minor subdivision for a lot split and combination are requested to add a small area of land to Lot 2, Block 1, Windy Hill and that Jon Riley would be the potential purchaser of the parcel. She explained that Mr. Riley has requested the CUP to be able to develop the subject parcel which is substandard in regards to required net lot area. She stated that the requested lot line adjustment would increase the net lot area of the subject parcel making it more buildable, but would not bring it into conformance with requirements after the steep slopes, wetlands and easements are factored in. She also explained that the Minor subdivision requires approval by Council and the CUP requires review and approval by both the planning Commission and Council. She noted that approval of the CUP for the subdivided subject property would be contingent upon approval of the minor subdivision.

Planner Barness explained that approval of the minor subdivision and subsequent sale of the property to Mr. Riley would increase the size of the parcel to 3 gross acres and would reduce the lot non-conformity. She stated that Mr. Riley wishes to receive an extended approval of the CUP in order to be able to build on the sub-standard lot in the future. She pointed out that if Council approves the extended CUP, Mr. Riley would still be required to submit an application for Major Site and Building Plan review in the future. She explained that Mr. Riley submitted plans showing that the lot would continue to be in conformance with lot frontage requirement and access onto a City approved private drive if the subdivision is approved and that access to the subject property would be via Windy Hill Road within a 33 ft. wide private access easement and via an existing private drive through the site.

The Planner explained that approval of the minor subdivision by adding the small crescent of land to the adjacent parcel would provide more flexibility for future development of the parcel.

There was discussion relating to access issues for other properties.

Planner Barness explained that the applicant had provided proposed grading, drainage, storm water management plans and also identified the wetland areas. She stated that the City Engineer had reviewed all the plans and provided his comments to the applicants. She noted that at this time it is not certain, but it appears that the current access arrangement should continue to work. She noted that more detail would be required when a formal application for the
Major Site and Building Plans are submitted.

The Planner advised that the City had required drainage and utility easements around the perimeter of the entire parcel and the applicants had agreed to provide revised plans and legal descriptions reflecting the required easements.

Mayor Park commented that she had to provide an easement when her property was subdivided. The Planner agreed and noted that the Bancroft minor subdivision does include a 10 ft. easement around the parcel.

Planner Barness distributed a draft resolution which included red-line notes under the conditions that relate to the City Engineer’s request for additional information as shown on page 2 and 3 of the proposed resolution. She explained that the revised conditions should be included as part of Council approval of the CUP.

The Planner reviewed the proposed CUP request and explained that the lot in question was legally established in 1977 and with approval of the minor subdivision the lot lines would be adjusted. She stated that the lot would meet lot line setback requirements would not be required to meet the OHWL setback from the lake as the lot is not technically on the lake. She advised that the only requirement that the applicant would be unable to meet would be the 2.5 net acres. She stated that Mr. Riley hired S & P Testing to perform soil testing and to show two areas where septic systems could be installed to meet the design for a typical five (5) bedroom home. She noted that when a building plan for the home is presented with a future major plan review, the applicants would work with the City Septic Inspector to obtain the necessary permits for installation. The plans also show the proposed location for the well on the property.

The Planner pointed out that there are surrounding properties that have been developed with similar gross acreage.

Planner Barness stated that the Planning Commission and staff recommend approval of the CUP based on the findings of fact from the Planning Commission and conditions as listed in the proposed resolution. Staff recommends approval of the Minor Subdivision, with conditions as listed in the proposed resolution. She noted that the applicant had requested a five-year time extension for the Conditional Use Permit (CUP) and that Council may determine the appropriate time extension. She further noted that if an application for a Major Site and Building Plan is submitted within the time extension granted, the applicant would not have to re-apply for approval of the CUP as long as submitted plans closely reflect the site plans reviewed with the current CUP.

Councilmember Bulach asked what would happen if the extension expires. The Planner explained that the applicant would then have to submit another application for the CUP.

Mayor Park asked if the Minor Subdivision would remain on record if the CUP extension expires and the Planner responded yes.

Councilmember Hovey questioned why the applicant is requesting the CUP prior to submitting plans for a home; he pointed out that the plans appear to prove that a home could be constructed on the site.

The Planner explained that Mr. Riley wished to receive approval of the CUP prior to purchasing the lot and she advised that approval of the CUP would not be based on reviewing an actual home plan at this time, but the applicant would still have to submit a Major Site and Building Plan application for approval in the future.

Councilmember Hovey asked if the City has granted this type of approval in the past.

Attorney Kuntz stated he does not recall the City granting this type of approval in the past. He explained that the buyer of the lot wishes to know prior to purchase or sale of the lot that it is a buildable lot. He pointed out that the applicant has provided extensive plans and documentation to show that the lot would support building of a typical five (5) bedroom home and Council retains the ability to review the Major Site and Building Plans in the future. He noted that if substantial changes are made to the proposal, the applicant would have to apply for an amended CUP.

Mayor Park asked if there are any risks to the City.

Attorney Kuntz commented that possible risks would occur with a change in the character of the neighborhood or if building standards change within the 5-year time period, but he indicated that most likely neither would occur.

Councilmember Bulach questioned if the 2008 Comprehensive Plan for the City was set-up with different standards for lot area.

Attorney Kuntz explained that the Comprehensive Plan coincides with the fact that the City changed the standards to allow development of substandard lots in conjunction with approval of a Conditional Use Permit. He explained that the applicants went through substantial planning to show that the lot, with the minor subdivision would support a typical five (5) bedroom home.

Councilmember Hovey asked if there were other parcels in the community where this type of request could occur and the Planner responded yes, but noted that they are also legal lots of record.

Councilmember Hovey asked if the CUP would be transferrable if a new person purchased the lot and the Attorney responded yes.

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

Councilmember Bulach moved to adopt Resolution No. 15-05 titled, RESOLUTION APPROVING A MINOR SUBDIVISION FOR A LOT LINE ADJUSTMENT REMOVING LAND FROM THE PROPERTIES LOCATED AT 90 WINDY HILL ROAD AND 100 WINDY HILL ROAD, AND COMBINING SAID LAND WITH THE PROPERTY LEGALLY DESCRIBED AS LOT 2, BLOCK 1, WINDY HILL, DAKOTA COUNTY, MINNESOTA, subject to the conditions as outlined in the planning report dated December 10, 2014 and included in the resolution, seconded by Councilmember Hovey and carried. (3-0)

Planner Barness explained that staff had recommended approval of the CUP with an extension of 3 to 5 years and the Planning Commission had recommended approval of the CUP with a five-year extension.

Councilmember Hovey asked if the applicant had any time frame in mind for the home.

Paul McGinley of Loucks & Associates was present representing the applicant and explained that Mr. Riley has no specific timeframe in mind to begin home construction. He pointed out that Mr. Riley wished to have the 5-year extension as he has spent a lot of money on the proposal and has done due diligence to prove the lot would support a five (5) bedroom home.


Councilmember Hovey asked if the City would be establishing precedence for this type of request.

There was discussion with the Planner and Attorney relating to the language in the City Ordinance that allows extended Conditional Use Permit approval and the possibility of this type of request occurring in the future. The Planner and Attorney explained that the possibility of an extension exists in the ordinance but may not be common knowledge and that most applicants do not wish to delay the building process, therefore, it was their opinion that this type of request would not establish precedence.

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

Councilmember Hovey moved to adopt Resolution No. 15-06 titled, RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW SINGLE FAMILY RESIDENTIAL DEVELOPMENT OF A SUBSTANDARD SIZED LOT FOR NET LOT AREA, FOR THE PROPERTY LEGALLY DESCRIBED AS LOT 2, BLOCK 1, WINDY HILL, DAKOTA COUNTY, MINNESOTA, based on the findings of fact as listed in the resolution and subject to the conditions as listed in the resolution and in the Engineer’s report dated December 10, 2014 and extending the approval of the request for a five (5) year time period, seconded by Councilmember Bulach and carried. (3-0)

d. Consider Major Site and Building Plan Review & Conditional Use Permit, 240 Salem Church Road, Vansteenburg:
Planner Barness explained that the application for a Major Site and Building Plan and Conditional Use Permit (CUP) from Dan and Brenda Vansteenburg was approved in June, 2014 for construction of a new home, attached garage, a driveway, a tennis court and an in-ground pool. She stated that since that time the applicants have substantially revised the original approved plans as follows: 1) Removed the lower level garage and requesting a new detached garage; 2) Removed a large parking/drive area on the west side of the attached garage; 3) Reduced the overall building footprint of the home by more than 2,000 sq. ft.; 4) Adjusted the design of the front drive/courtyard area; 5) Removed the tennis court; and, 5) Adjusted grading, drainage, storm water and tree removal related to the other proposed changes. She advised that the changes were significant enough to require full staff review of the plans, and also require review by the Planning Commission and Council.

The Planner advised that in addition to the requested major plan review, the applicants are requesting to amend the originally approve CUP for a second accessory structure to allow the requested detached garage/carriage house instead of the tennis court. She noted the applicants are also requesting that the CUP for the detached garage allow it to be constructed larger in size and height than permitted by City ordinance. She stated that the Planning Commission held a public hearing for the revised applications at the December, 2014 meeting and recommend approval of the site and building plans and CUP based on the findings of fact as outlined in the proposed resolution for approval and with conditions recommended by staff and an additional condition relating to providing reinforced erosion control measures on steep slopes. The Commission also included a condition requiring that the City Engineer visit the construction site on a monthly basis to ensure that the erosion control measures are in place and functioning as approved.

Planner Barness stated that the home remains in the same location, however, the driveway has changed since the rear garage driveway was removed; she displayed illustrations of the proposed front courtyard changes. She noted that the site meets all requirements with regards to setbacks, maximum building coverage, and net area. She noted that the building height for the home has not changed and the building materials also meet design requirements. She advised there were some minor adjustments to the driveway/front entry area and staff referred the design change to the Fire Chief to insure that the turning radius would allow for emergency vehicle access. She stated that the applicant proposes pool safety lighting, step lights, pedestal lights, coach lights and hooded directional wall washers and the proposed lighting meets standards. She advised that fewer trees would be removed with the revised plans, however, tree protection measures remain the same.

The Planner stated that there were revisions to the grading and drainage plans and she distributed a revised copy of the proposed resolution for approval that showed the changes to the conditions of approval in red-line as they relate to the recommendations the City Engineer; she referred Council to pages 2 and 3 of the proposed resolution. She pointed out that the applicants worked with the City Engineer to address issues relating to the storm sewer pipe sizing calculations and the location of the catch basin. She further explained that a copy of the National Pollutant Discharge Elimination System (NPDES) Construction permit would be provided to the City. She stated that the City Engineer recommended approval subject to the conditions as listed in the revised resolution and subject to three (3) conditions being met prior to issuance of a building permit for the home. She noted that the applicants worked with the Building Inspector to insure that the Aircraft Noise Abatement requirements are met and also with the City Septic Inspector to insure that the septic regulations are met.

Adam Burrington, architect for the project, explained that he would be updating the existing swale area as recommended by the City Engineer.

Engineer Sterna commented that similar issues with surface water drainage have occurred on properties in this area and that he worked with the applicants to resolve the matter.

The Planner advised that the Planning Commission recommended erosion control measures be utilized throughout the project and that the City Engineer conduct monthly site visits to insure all erosion control methods are working.

Planner Barness reviewed the request for an amended CUP for the detached garage. She explained the main level of the garage would be 830 sq. ft. in size, and the main and second levels would total approximately 1,400 sq. ft. in size. She advised the proposed height of the structure would be 29 ft. whereas 16 ft. in height is allowed. She stated the applicant wishes to use the second floor of the structure as an office and the main floor for storage and parking. She noted that the adjacent neighbor to the north received CUP approval for a carriage house structure that was similar in size and height. She pointed out that there is significant screening on the Vansteenburg parcel and also on the Flynn parcel to the north so that there should be little negative impact on adjacent properties. She indicated that by allowing a similar structure on the property to the north of this site, precedence had been established.

Planner Barness stated that the Planning Commission and staff recommend approval of the CUP request based on the findings of fact and subject to conditions as listed in the proposed resolution.

Councilmember Bulach asked how far the detached garage/carriage house structure would be located from the proposed home.

Adam Burrington explained that the structure would be approximately 30 ft. from the home and would be visually blocked from view by the home and existing tree coverage. He advised that Planning Commissioner Schlehuber is an existing neighbor who visited the site and indicated that he would not be able to see the structures from his property.

Councilmember Hovey questioned if the detached garage would be used only for office space and if kitchen facilities would be included. He asked if the garage structure would be higher than the home.

Dan Vansteenburg explained he would use the structure for an office and that it would include a half bathroom facility but no kitchen.

Adam Burrington advised that the garage would be lower than the home and not visible from surrounding properties; he noted that the carriage house structure on the Flynn property is actually higher than the one proposed on this site.

Planner Barness explained that the proposed resolution combines approval of the Major Site and Building Plan and the Conditional Use Permit. She reviewed the findings of fact from the Planning Commission and the revised conditions as shown in the proposed resolution. She noted that the applicants have already contacted staff and agreed to the monthly site visits to review the erosion control methods.

Councilmember Hovey asked if the City would require a waiver of liability for the drainage issues and if rain gardens would be installed.

Engineer Sterna explained that in his opinion the City would not be liable for drainage issues, however, he stated he would work with the applicants to insure that drainage flows away from the structures for their protection. He discussed the fact that drainage swales were previously installed on the property by the former property owner and he would work with the applicants to provide guidance relating to the existing swales.

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

Councilmember Bulach moved to adopt Resolution No. 15-07 titled, Resolution Approving a Major SiTe and Building Review for a new home, garage, driveway and accessory structures, and a conditional use permit to allow construction of an additional accessory structure and a detached accessory structure exceeding size requirements for the property located at 240 Salem Church Road, legally described as lot 4, block 1, Nancy’s Pine Meadow, Dakota County, Minnesota, based on the findings of fact and subject to the conditions as listed in the resolution, seconded by Councilmember Hovey and carried. (3-0)

Council took a brief recess at 9:05 p.m. and reconvened at 9:15 p.m.

e. Consider Amendment to Animal Ordinance to Implement Locational Requirements for Non-Domestic and Farm Animals: Planner Barness stated that at the December, 2014 Council meeting there was discussion relating to implementing setback requirements for farm and non-domestic animals and Council reviewed a draft ordinance amendment to the Zoning Ordinance Section 1225.01. She explained the amendment had been discussed by the Planning Commission at their November, 214 meeting and they recommended new setback requirements for farm and non-domestic animals from lot lines and wetlands, ponds and basins. Council tabled final consideration of the amendment to allow staff to provide further information on what wetland would be protect with a new setback requirement.

The Planner advised that staff reviewed the Zoning Ordinance and identified definitions for wetlands as listed in the Planner’s report dated December 31, 2014 and listed under Section 1202.02 Definitions, Wetlands Related. She pointed out that public waters wetlands were inventoried by the US Fish and Wildlife Service Circular No. 39 (1971) edition and were defined in the City Zoning Ordinance. She noted that there were federally identified wetlands and a public waters inventory and that more than 40 identified wetlands in the community are shown on the 2008 Sunfish Lake Comprehensive Plan "Lake and Wetlands Map". She explained that six (6) of those wetlands are officially protected by the Minnesota Department of Natural Resources (DNR) and the remaining wetlands are protected by the Army Corps of Engineers.

Planner Barness indicated that based on the analysis of wetland types and definitions, the conservation approach to wetland protection in the community would involve specifying that a 25-ft setback for farm and non-domestic animals be maintained from both "wetlands" and "public Waters wetlands", which would encompass all wetlands identified in the Sunfish Lake Comprehensive Plan and newly created wetlands and infiltration areas not currently identified by the wetland inventories and comprehensive plan. She stated this would insure that animal excrement or food waste associated with animal keeping area would not enter wetlands. She pointed out that the Zoning Ordinance already provides minimum setbacks for structures and fencing from lake shorelines, which means that animal keeping areas are already limited with regards to how close they can be to lakes. For this reason setbacks from lakes had not been further addressed in the draft amendment.

Councilmember Hovey asked if rain gardens are classified as wetlands. The Planner responded that anything which may contain water would be included.

Engineer Sterna commented that storm water ponds that are dedicated for storm water collection purposes would be included, however, he was unsure if small rain gardens would qualify.

In discussion, Council concurred that some definition should be included in the ordinance.

Mayor Park asked if a public hearing on this matter would be necessary.

The City Attorney explained that the public hearing was held at the Planning Commission meeting.

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

Planner Barness advised that one application for a Major Site and Building Plan would be heard at the January Planning Commission meeting for the property at 116 Salem Church Road which includes construction of a new home, garage, driveway, in-ground pool and septic/well system on the site.

Council thanked the Planner for her report.

7. STAFF REPORTS: 7.a. BUILDING INSPECTOR: Inspector Andrejka reported that he issued four (4) and closed nine (9) building permits in December 2014.

Council thanked the Inspector for his report.

b. City Engineer: Building Site Reviews: Engineer Sterna stated that he had discussed the Building and Site reviews listed in his report dated January 6, 2015 previously this evening for 240 Salem Church Road, Lot 2, Block 1, Windy Hill and 2035 Charlton Road. He advised that he also reviewed a permit for 116 Salem Church Road for a new home building permit application and was working on the final report relating to the storm water review.

2014 Improvement Project; The Engineer stated that he received the final paper work from Danner Inc. and would forward the final payment to the company; he noted the project was finalized and closed out and the two-year maintenance boned would be on file at his office.

Public Works Activities Undertaken in the Month of December: Snowplowing Activity for December 2014: Engineer Sterna stated that the early event with snow and ice in November required the use of more salt and sand to cut through the ice on roads in the City. He explained the cost for the past month was $9,680 through December 23, 2014 and that he would be more diligent in overseeing the costs and material usage. He required that the contractor be more efficient when applying the sand/salt to help manage the snowplow budget this winter.

Councilmember Hovey asked the Engineer to request the contractor widen the plowing width on the North end of Charlton road by making two passes with the plow. He also explained that the sign on the east end of Highway 110 had been damaged and that he had contacted Mn/DOT to repair the sign.

The Engineer stated that the current expenditures for snow plowing through December

Anticipated Engineer/Public Works Activities’ for the Month of January: The Engineer explained there are no activities planned for the month of January and that he would continue to monitor the snow plowing activities.

Council thanked the Engineer for his report.

 

1. CITY FORESTER: Forester Nayes reported that one (1) burning permit was issued in December, 2014. He advised that an Emerald Ash Borer (EAB) infestation was confirmed in Lebanon Hills Regional Park in Eagan in December. He explained that Dakota County is now under the EAB quarantine and that means no ash trees, branches or any kind of hardwood firewood may be moved from Sunfish Lake or Dakota County.
   
   The Forester stated that he had been recruiting committee members for the Parks and Public Lands 5-year Plan Committee and the Firewise Committee and had gathered literature and background information for both committees. He stated the Parks and Public Lands Committee met on December 3, 2014 and made excellent progress after hearing some Sunfish Lake history from Dick Bancroft. He advised that the Firewise Committee met on December 10, 2014 and viewed a video from the DNR regarding wildfires; all agreed that there are potential wildfire issues that should be addressed in the City. He advised that the Committee will be focusing on an educational campaign to bring these issues to residents at the next meeting.
   
   Forester Nayes advised a second infestation of Oriental bittersweet was found near the western end of Salem Church Road and that he would visit with adjacent property owners in January to determine a course of action.
   
   Councilmember Bulach asked if the Weed Inspector duties include remove of marijuana and the Forester replied yes.
   
   The Forester advised that the trails through Musser and Harmon Parks were checked and were clear of major deadfall branches. He explained that the aerial deer her count would most likely occur sometime in January depending on snowfall.
   
   Council thanked the Forester for his report.

 

 

2. PUBLIC SAFETY: Mayor Park advised that Chief Shaver was absent this evening and had sent his report to Council. She noted that the False Alarms were lower this year than the same time period last year.
   
   Clerk Iago explained that she had printed a copy of the Chief’s remarks, per his request, but she had forgotten to bring it to the meeting. She stated she would forward the information to Council via email.
   
   

 

8. NEW/OTHER BUSINESS: a. Discuss Addendums to Employment Agreement and Independent Contractor Agreement Between the City of Sunfish Lake and the City Clerk/Administrator, City Treasurer and City Forester: Mayor Park asked that the City Attorney review his report dated January 6, 2015.

Attorney Kuntz stated that Mayor Park and Councilmember Bulach met on January 5, 2015 to discuss and forma recommendation with respect to compensation in 2015 for the positions of City Clerk, City Administrator, City Treasurer and City Forester. He referred to his report that outlined the recommendations for the proposed 2015 compensation for each of the positions He noted that the City Clerk’s compensation makes up 70% of her job duties, with the remaining 30% covering her duties as the City Administrator. He explained the recommended increase would total $18,500 for both positions.

The Attorney advised that the Mayor and Councilmember Bulach proposed that the compensation structure for the position of City Treasurer be changed from an hourly format to a salaried per year format to ease the budget process in the future. He advised that the duties for the Treasurer are well defined by the scope of monthly activities. He noted that the 2014 hourly rate for the Treasurer was $69.66 and for the twelve month period from January to December, 2014 the actual expense was $18,180.14. He stated the proposal for 2015 would be to pay a salaried amount of $18,500 per year by twelve monthly payments.

Attorney Kuntz further explained that the 2014 compensation for the City Forester was $51.50 per hour and the proposed compensation for 2015 was recommended to be $53.00 per hour. He advised that the addendums to each contract were sent for Council review as part of his memorandum.

Councilmember Hovey commented that the dollar amounts appear to be fair for each position.

Mayor Park asked if Council could adopt all the agreements in one motion and the Attorney responded yes.

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

b. Consider Resolution Approving Addendum No. 8 to Employment Agreement between the City and Catherine

Iago for City Clerk Services and Addendum No. 2to Employment Agreement between the City and Ann Lanoue for City Treasurer Services and Addendum No.6 to Independent Contractor Agreement between the City and Living Sculpture Tree and Shrub Care, Inc. for City Forester Services and Addendum No. 6 to Independent Contractor Agreement between the City and Iago Consulting, LLC for Administrative Services:

Councilmember Hovey moved to adopt Resolution No. 15-07 titled, resolution approving addendum no.8to EMPLOYMENT agreement between the city and Catherine iago for city clerk services and addendum no. 2to employment agreement between the city and Ann Lanoue for city treasurer services and ADDENDUM NO. 6 TO INDEPENDENT CONTRACTOR AGREEMENT BETWEEN THE CITY AND living sculpture treE and shrub care, inc. for city forester services and addendum no 6 to independeNt contractor agreement between the city and IAGO CONSULTING, LCC FOR ADMINISTRATIVE SERVICES, with salary increases for the City Clerk/Administrator, City Treasurer and City Forester as defined in the City Attorney memorandum dated January 6, 2015 and effective January 1, 2015, seconded by Councilmember Bulach and carried. (3-0)

c. Other Business: Discuss Changing Regular Council Meeting In February, 2015: Mayor Park explained that she and Councilmembers Bulach and Wahlstrom would not be available to attend the February 3, 2015 regularly schedule Council meeting which would mean a quorums would not be present. She suggested changing the meeting to the following Tuesday, February 10, 2015 and Council concurred.

Councilmember Hovey moved to reschedule the Regular Council meeting to February 10, 2015 at 7:00 p.m. at St. Anne’s Church and to direct the Clerk to post the rescheduled meeting at the Church and on the website, seconded by Councilmember Bulach and carried. (3-0)

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

9. ADJOURN: Councilmember Hovey moved for adjournment at 9:38 p.m., seconded by Councilmember Bulach and carried. (3-0)

___________________________ ___________________________

Catherine Iago, City Clerk Molly Park, Mayor