SUNFISH LAKE CITY COUNCIL MEETING – JULY 9, 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

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 read a “thank you” note from former Police Chief Bud Shaver for the proclamation presented to him at the last meeting. He referred to an email sent from West St. Paul City Manager Ryan Schroeder to advise that Lieutenant Brian Sturgeon was appointed as the Interim Police Chief and as part of the selection process for the new Chief of Police, the City of West St. Paul would be conducting some open meetings and a survey to receive input from residents, staff, and surrounding communities regarding what qualities they would prefer when searching for a new Chief. He stated he would encourage West St. Paul to seek a candidate who had the same qualities as Chief Shaver. He asked that this information be placed on the City website and he encouraged Council, staff and residents of Sunfish Lake to participate in the open meetings and/or to complete the survey.

The Mayor asked if there were any additions or corrections to the agenda and there was no response.

Councilmember Wahlstrom moved to adopt the agenda as amended, seconded by Councilmember Hovey and carried. (5-0)

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

The Mayor asked Chief Sturgeon to provide further information on the suspicious circumstance call listed in his report.

Chief Sturgeon explained that the residents at 50 Sunnyside Lane stated they heard a scream and voices in their rear yard and that officers from West St. Paul, South St. Paul, Inver Grove Heights and the State Patrol responded to search the property. He advised that a helicopter was also dispatched to search the area but they did not find anyone on the premises.

Mayor O’Leary thanked the Chief for taking the time to search the premises and commented that it may have been an animal scream, but he was thankful the police were diligent in the search.

Chief Sturgeon encouraged everyone in Sunfish Lake to complete the survey relating to the search for a new Police Chief since it would be helpful to the new Chief to have this information.

Mayor O’Leary asked the Building Inspector if he had been contacted regarding the dirt being moved on the property at 115 Salem Church Road and Inspector Andrejka responded no.

The Mayor pointed out that he recently found out a permit is required to move any soils on property within the City even if it is less than 50 yards of soil material. He noted that 50 yards or less requires a minor review of the site by staff and that more than 50 yards requires a major review by Planning Commission and Council. He explained that he had received several complaints and asked if these calls should be referred to the Building Inspector to check the site if this occurs in the future.

Inspector Andrejka stated he normally refers this type of question to the City Planner, however, he would be willing to check the site if asked to do so.

After a brief discussion, it was decided that any questions or complaints regarding moving soils on property should be referred to the Planner to determine what type of permit or procedure should be undertaken.

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

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

a. Regular Council Meeting Minutes of June 4, 2019

b. List of Bills

c. Monthly Financials

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.

Kitzie Nye, 2140 Charlton Road, explained that several years ago there was discussion regarding placing the Council agenda on the City website at least one week prior to the meeting so that residents would have sufficient time to contact staff if they had a question on an agenda item. She asked that this process be followed to allow residents time to contact Council or staff with questions. She also advised that two young boys were in the City seeking to place a boat in the lake and she expressed concern relating to the possibility of bringing milfoil or other invasive species into the lake if these boats are not checked before entering the water. She suggested it would be helpful to remind residents who live on the lakes to ensure that any boat is checked prior to entering the water. She asked if residents who allow a boat to be placed in the lake would be responsible to check or if the City would be responsible.

Mayor O’Leary explained that the homeowner or the Lake Association would be responsible to check for invasive species, not the City.

Councilmember Wahlstrom pointed out that the boat should be flushed before entering the water and also after removal from the lake.

Chief Sturgeon stated he received a call regarding two (2) males attempting to launch a boat on the lake and they were told that they could not place the boat in the water without written permission from a property owner. He advised that 45 minutes later the same 2 males called the station and stated they received permission to launch the boat. He explained that they claimed to have friends who live on the lake.

Mayor O’Leary asked if the Police Officer checked to make sure it was a resident who granted permission.

Chief Sturgeon stated the Officer verified they had a permission slip, but he was not sure it was verified that it was a resident. He advised he would review the proper procedure with his staff for future events.

Councilmember Hovey suggested that the names of the boys should also be taken to ensure that the resident did provide permission for them to be on the lake.

Mayor O’Leary explained to Kitzie Nye that it may not be possible to place the agenda on the City website a full week ahead of the meeting since the “draft” has be to be reviewed by all staff members through emails.

Clerk Iago advised that the earliest it could be placed on the website is the Thursday prior to the meeting, which should be sufficient time for residents to contact staff or Council with questions or concerns. Last month’s agenda was a bit late getting posted due to the 4^th of July holiday.

Treasurer Lanoue also advised that the final agenda must be closer to the end of the month in order for her to complete her monthly report.

Mayor O’Leary asked if there were any further comments from the public.

Tom Schlehuber, 325 Salem Church Road, asked if there was an update on the situation with the neighbor placing their trashcans on his property that was discussed at the last meeting.

Mayor O’Leary explained that the City Attorney sent a letter to the resident advising that she had until July 15 to remedy the situation. He explained that the City received an email requesting an extension from the July 15 deadline since she was out-of-town.

Mr. Schlehuber stated he had seen this neighbor coming and going at the residence and that she appears to keep delaying the issue.

Mayor O’Leary explained that the City needs to follow procedures and had offered three (3) options to remedy the situation in the formal letter. He noted that the City would grant one (1) extension since the property owner was not in town.

Mr. Schlehuber stated he had been more than patient for the past two (2) years attempting to remedy this issue and he asked what the next course of action would be; he asked if he could call the police to have the trash cans removed from his property.

Mayor O’Leary suggested that Mr. Schlehuber contact an attorney that deals with civil lawsuits to determine what could be done; the Mayor indicated that it may be appropriate to obtain a court order to remove the trash cans from his property.

Mr. Schlehuber asked if he could remove the trashcans from his property and place them on her property. He also questioned if he has the right as a homeowner to sue the neighbor and also the City if she refuses to remove the trash cans. He commented that his patience is running thin.

The Mayor explained that most likely the City would be immune from civil action, however, he recommended Mr. Schlehuber contact a civil law attorney to determine what options are available.

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

5. PUBLIC HEARING/PRESENTATIONS: None.

6. PLANNING COMMISSION/PLANNER’S REPORT: a. Consider Major Site and Building Plan Review and Conditional Use Permit, 2150 Charlton Road, Eric and Kathy Weis: Planner Grittman stated that the Planning Commission recommended approval of a Major Site and Building Plan Review and a Conditional Use Permit for demolition of an existing home, construction of a new home with an oversized attached garage with conditions as listed in the Planner’s report dated June 12, 2019. He explained that the Conditional Use Permit would allow construction of an attached garage in excess of 1,250 square feet.

The Planner advised that the new home would be located in approximately the same place as the existing home. He advised that the application meets all standard requirements for both the R-1 Single Family Residential District and the Shoreland Overlay District. He explained that Conditional Use Permit is required since the garage exceeds the maximum allowed of 1,250 sq. ft.; he noted the garage would accommodate an indoor sports court. He further advised that the swimming pool meets all requirements for accessory structures.

Planner Grittman explained that the Landscape Plan shows two (2) new monument signs at the entry to the property, which are allowed in the City code subject to fencing requirements. He explained that if the owner wishes to install a gate in the future, they would have to apply for a Conditional Use Permit. He noted that an audience member asked where the monuments would be located and he showed the location on the proposed plan. He further explained that the monuments would be no taller than 3 ft. and would have ground lighting. He offered to respond to questions.

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

Planner Grittman advised that Council approval of both requests is required.

Clerk Iago noted that both items should be approved by resolution.

Planner Grittman explained that he had drafted the resolution, however, it was inadvertently omitted from the Council packet. He offered to send the document to Council for review.

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

Councilmember Wahlstrom moved to approve Resolution No. 19-16 titled, RESOLUTION APPROVING A MAJOR SITE AND BUILDING PLAN AND CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 2150 CHARLTON ROAD, subject to conditions as listed in the resolution, seconded by Councilmember Hansen and carried. (5-0)

b. Consider Major Site and Building Plan Review, Conditional Use Permit, and Minor Subdivision, 1 Sunfish Lane, John Johannson: Planner Grittman stated that the application plan is to demolish the existing home and build a new home at approximately the same location on the site. He stated that the applicant is also requesting a Conditional Use Permit to allow construction of an attached garage in excess of 1,250 sq. ft. and Minor Subdivision to correct a non-conformity by splitting the lot into two (2) lots. He noted that if the Minor Subdivision is not approved, the remaining applications would not be allowed since they would expand a non-conforming use.

The Planner advised that there was one issue relating to the property easements in conjunction with the Minor Subdivision application. He explained that the City Code requires a minimum easement of 10 feet wide centered on rear and other lot lines for drainage and public and private utilities. He noted that the City Code further states that if no easement exists on the neighboring property, a 10 foot wide easement may be required; he noted that only a 5-ft. easement would be required if the neighboring property has a 5 ft. easement. He stated that staff found no easements on either neighboring property.

Mayor O’Leary pointed out that the City had several issues with easements relating to the Charlton Road project and he would prefer a 10 ft. easement be required.

Planner Grittman explained that the easement requested for this property would be for drainage and utilities and not a roadway easement.

Engineer Sandberg pointed out that if utilities were buried in the easement it may pose a problem with only 5 ft., however, in this instance he did not foresee any issues.

Councilmember Hovey questioned what would happen if Xcel Energy needed additional easement area.

Engineer Sandberg explained that Xcel would pursue obtaining any easements they require.

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

Councilmember Hovey moved to adopt Resolution No. 19-17 titled, RESOLUTION APPROVING A MAJOR SITE AND BUILDING PLAN, CONDITIONAL USE PERMIT AND A MINOR SUBDIVISION FOR PROPERTY LOCATED AT 1 SUNFISH LANE, subject to conditions as listed in the resolution, seconded by Councilmember Bulach and carried. (5-0)

Attorney Kuntz asked if the applicant provided the easement document to the City.

John Johannsen, property owner at 1 Sunfish Lane, explained that he documented the easement on the plat for the Minor Subdivision and that he dedicated a 10 foot easement around the entire parcel on the plat. He stated that if the City requires any further easement documents, he would provide them.

b. Planner’s Report: Planner Grittman reviewed the following information listed in his report dated July 9, 2019:

270 Salem Church Road: The property owner requested an extension on the Major Site and Building Plan Review application in order to revise their grading plan. This project is expected to be reviewed at the July Planning Commission meeting, and then considered by Council at their August meeting.

245 Salem Church Road – Approved Extension: Planner Grittman stated that the owners of this property were granted approval of a Major Site and Building Plan in August, 2018. Since that time, the applicants have not requested a building permit and have now requested an extension of the approval until May 29, 2020. Staff approved the extension. The Planner noted that this is the first extension requested and that there are no limits on the number of times an applicant may request an extension.

Demolition Ordinance: Per Council request, staff is working to prepare a zoning ordinance amendment to require a minor review for demolition projects that are not part of an application for new home construction. The City had concerns that a home could be torn down with no regulations related to run-off or other environmental concerns. Staff will propose that demolition permits be accompanied by approval of a Minor Review. This item will be discussed by the Planning Commission at their July meeting and presented to Council at their August meeting.

Mayor O’Leary asked if the Planner had any contact with the property owner at 115 Salem Church Road and the Planner responded no.

Mayor O’Leary explained that he and Councilmember Bulach met with the property owners at that address. He asked that the Planner contact them to discuss obtaining a permit for moving soil on the property. He pointed out that he was unaware that moving under 50 yards of dirt requires a Minor Review and staff approval since it may impact drainage. He advised the property owner that they should contact the Planner prior to doing any work on the site and they were agreeable.

Planner Grittman explained that it may have been a miscommunication when he reviewed the initial application for the site and stated he would contact them to review the procedures.

John Johannson noted that the Planning Commission had advised that Council approval of their proposed metal roofing materials was required. He asked if that approval was part of the action taken by Council when his building resolution was approved.

Planner Grittman explained that metal roofing would be included in the resolution and explained that Council approval had been granted to other applicants in the past.

Councilmember Bulach asked if the Commission had reviewed the metal roofing materials to be used on his new home and the Planner responded yes.

Clerk Iago suggested that Councilmembers Hovey and Bulach take action to amend the original motion to include approval of the metal roofing materials.

Councilmember Hovey moved to amend the original motion to include approval of the metal roofing material for the property at 1 Sunfish Lane, seconded by Councilmember Bulach and carried. (5-0)

Council thanked the Planner for his report.

7. CITY ENGINEER REPORT: 1. Engineering Activities Undertaken in June: A. Charlton Road Local Road Replacement Program: Engineer Sandberg explained that minor wetland filling is required as part of the Charlton Road Project and that this would typically cost the City $29,000 to meet mitigation requirements. Staff applied to enroll the project in the Board of Water and Soil Resources (BWSR) Local Road Replacement Program (LRRP) and successfully demonstrated that the project was needed due to safety issues. He advised that the BWSR will pay the $29,000 for the wetland project.

B. 2020 5-Year Capital Improvement Program: Staff updated the proposed CIP for 2020 and the Engineer referred to his memorandum dated June 26, 2019. He explained that all of the City roads were reviewed and rated in April, 2018 and the results showed that some roads are in need of more immediate attention; Zehnder Road, Angell Road (east), and Sunnyside Lane. He noted that this Overlay Project would be assessable and suggested Council consider ordering a Feasibility Study to begin the improvement project at a future meeting,

Mayor O’Leary asked if one of the bond issues would be removed in 2020 which would make this project more feasible.

Treasurer Lanoue confirmed that a bond issue would be removed in 2020, but she explained that she did not have any monetary figures available at this time.

Councilmember Bulach asked if the engineering staff had visually reviewed the roads and the Engineer responded yes.

There was discussion regarding the timetable to be met if the project were to proceed in 2020 and the deadline for ordering the feasibility study.

Mayor O’Leary moved to order the City Engineer to prepare a Feasibility Study for the 2020 Overlay Project, seconded by Councilmember Bulach.

In discussion, Jeannine Nayes, 5900 Zehnder Road, explained that there are only four (4) homes on Zehnder Road and, in her opinion, the road is not in horrible shape and does not impact a lot of residents.

Engineer Sandberg stated that he would consider her comments as part of the feasibility study.

Mayor O’Leary asked if there were any further comments and, hearing none, called the question.

Motion carried. (5-0)

Engineer Sandberg further explained that he included crack-sealing and seal-coating in the 2021 CIP at a cost of $123,000. He noted that Grieve Glen Lane was identified in last year’s CIP for 2021 and that has not changed. He pointed out that some money was spent last year to improve some damaged areas of Grieve Glen Road and the City may have to spend some additional funds this year. He advised that there are two (2) roads that were not included in the CIP for improvement: Upper 55^th Street and 60^th Street. He advised that Upper 55^th Street only serves two properties and that 60^th Street is shared as a border street with Inver Grove Heights. He explained that Inver Grove had advised him of a potential project with I-494 to use 60^th Street as a frontage road in the future and, therefore, he did not recommend spending money on improvements at this time.

2. Building and Site review in the Month of June: A. 2 Sunfish Lane: Staff worked with the builder to determine an appropriate method of treatment of discharge from the floor drains proposed in new garages.

Councilmember Hovey questioned why the floor drains would not be allowed.

The Engineer explained that currently there are no regulations in the City Code relating to floor drains and that it was preferable to treat the discharge prior to entering the lakes.

Councilmember Hovey moved to direct staff to prepare an ordinance that prohibits garage floor drains, seconded by Councilmember Wahlstrom.

In discussion, Councilmember Bulach explained that the drainage must be “day-lighted” out onto the property whether the drain is inside or outside. He pointed out that every community has different opinions and regulations regarding floor drains.

Engineer Sandberg stated he recommended the water be diverted into a rain garden prior to entering the lake and pointed out that some cities outlaw floor drains anywhere in the City; he noted that he currently reviews this type of request on an individual basis.

Mayor O’Leary expressed concerns regarding how the regulations may impact older properties within the City and he suggested that it might be best to just allow the City Engineer to regulate the floor drains on an individual case-by-case basis versus prohibiting them.

Council concurred and Councilmembers Hovey and Wahlstrom withdrew the motion and second.

3. Public Works Activities Undertaken in the Month of June: A. Fire Marker Signs Installation Update: Staff explained that the sign installation was near completion and that staff are working with the contractor to fix some signage that needs attention.

B. Maintenance of Grieve Glen, Salem Church Road and 60^th Street: The Engineer stated that the contractor had completed the maintenance of these streets as approved by Council at the June meeting.

4. Anticipated Engineering and Public Works Activities for July: A. Charlton Road Construction Project: Engineer Sandberg explained that staff held a preconstruction meeting with the contractor and utility companies on June 26 and also held a neighborhood meeting that same date. He stated that a dozen or so residents attended the meeting and he distributed informational flyers to those in attendance. He advised that information was also distributed regarding whom to contact if residents wished to have additional driveway work done in conjunction with the project.

Mayor O’Leary asked if the Engineer pointed out that residents may wish to increase their driveway area to accommodate lawn maintenance equipment.

Engineer Sandberg explained that he discussed the fact that there would be no parking on Charlton Road and that residents should advise their lawn maintenance contractor.

The Engineer stated that the initial cost estimates included a budget for part-time inspectors to review the project at a cost of $34,500. However, he indicated it may be appropriate to have full-time inspectors on-site. He noted that a full-time inspector present during construction would increase the cost to $54,000. He commented that he instructed the inspectors to use their time sparingly, although in his opinion, it may be necessary to have an inspector on site more often.

Mayor O’Leary asked if the overage in cost was figured into the project contingency and the Engineer responded no.

The Mayor pointed out that due to the project delay, the cost of the project increased substantially and that a full-time inspector on site would increase the initial estimate more than 50 percent.

Councilmember Bulach asked how much time the inspector would be on-site and why the Engineer determined a full-time inspector would be necessary.

Engineer Sandberg explained that a full-time inspector would be on the job site six days a week for 9 hours per day. He stated that his recommendation was based on the number of questions raised and comments received at the neighborhood meeting.

Forester Nayes pointed out that the City saved $29,000 due to the grant for the wetland.

Councilmember Hovey stated that those funds are not part of the project.

Councilmember Hansen suggested that staff proceed with the part-time inspector at this time and contact Council if issues arise during the project.

B. I-494 Construction Work: Engineer Sandberg explained that MnDOT would begin construction work this weekend on I-494 which includes land closures; he noted that Highway 62 would have an increase in traffic once the project begins. He also noted that the work on I-494 would be done at night and on weekends and would impact the residents abutting the interstate and near Horseshoe Lake. He advised that information on this project was placed on the City website.

Mayor O’Leary asked if the Engineer had reviewed the Water Quality Grant information that he forwarded.

Engineer Sandberg responded yes and explained that the City was unable to meet the criteria, however, the Lake Association may be able to apply for grant funds.

Councilmember Bulach asked if Council would be contacted if a major change order is needed on the Charlton Road project.

Engineer Sandberg stated that he advised the contractor that there should be no change orders on the project, however, he would keep Council updated on the project or any issues that arise.

Councilmember Bulach offered to check the site if necessary and Councilmember Hovey asked the Engineer to provide a bi-weekly update to Council.

Council thanked the Engineer for his report.

8. NEW/OTHER BUSINESS: a. Schedule Special Council Meeting on August 6, 2019 at 5:30 p.m. to discuss Proposed 2020 City of Sunfish Lake Budget: Clerk Iago advised that the budget meeting is scheduled annually prior to the August Council meeting. She suggested 5:30 p.m. to allow a bit more time for discussion prior to the regular meeting.

Treasurer Lanoue stated she would ask staff to provide any budget requests for 2020 to her as soon as possible. She further noted that the Tax Valuations have decreased slightly in the City.

Councilmember Hovey asked that Council receive the budget information two weeks prior to the meeting.

Councilmember Bulach advised he would not be in attendance at the August 6 meeting.

Mayor O’Leary moved to schedule a Special Council meeting August 6, 2019 at 5:30 p.m. to discuss the proposed 2020 City of Sunfish Lake Budget, seconded by Councilmember Wahlstrom and carried. (5-0)

b. Other: Mayor O’Leary asked if there was any further business.

Councilmember Bulach explained that he and Mayor O’Leary had taken time to go out and meet with neighbors to discuss property issues and attempt to resolve them; he noted this also saves time discussing such items at Council meetings. He thanked the Mayor for his pro-active approach to governance. He further explained that the Dobrantz property still contains debris, some of which may be hazardous. He suggested Council try to schedule a meeting with the property owners to discuss assisting them with cleanup of the site. He volunteered to use his business equipment to assist with the cleanup if the property owners are agreeable. He stated he was unsure how to contact the property owners.

Mayor O’Leary also agreed to meet with the property owners and assist with cleanup of the property. He asked that staff research how to contact the property owner.

Councilmember Hansen suggested that some of the items could potentially be taken to the Fall Clean-Up event in Inver Grove Heights.

Councilmember Bulach questioned how much additional time should be given to the neighbor of Mr. Schlehuber to remove the trashcans from his property, since this has been an ongoing issue.

Chief Sturgeon offered to talk to the neighbor or send an officer to inform her that she was in violation of the ordinance.

Mayor O’Leary suggested that the City set the deadline of July 31 for a response and if that does not happen, the City could ask Chief Sturgeon to talk to the property owner.

Council directed the City Attorney to send an email to Mr. Schlehuber’s neighbor asking that she provide a resolution to the matter by July 31, 2019.

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

9. ADJOURN: Mayor O’Leary moved to adjourn the meeting at 8:40 p.m.

____________________________ ________________________________

Catherine Iago, City Clerk Dan O’Leary, Mayor