SUNFISH LAKE CITY COUNCIL MEETING
Tuesday, June 11, 2024
First Calvary Baptist Church – 5495 S Robert Trail
7:00 P.M.
Attendants
Mayor: Dan O’Leary
Councilmembers: Present: Ginny Beckett, Mike Hovey, Shannon Nelson
Absent: Steve Bulach
City Attorney: Tim Kuntz and Kori Land
City Forester: Jim Nayes
Police Chief: Brian Sturgeon
City Planner: Lori Johnson
City Engineer: Justin Messner
City Clerk: Christy Wilcox
City Treasurer: Char Stark
- Call to Order
Mayor O’Leary called the meeting to order. Mayor O’Leary announced that Tim Kuntz, City Attorney, will be retiring after 36 years of service. The Mayor acknowledged his dedicated service to the City of Sunfish Lake and presented Tim with a plaque in recognition and appreciation of his service guiding the City through every changing laws with knowledge and grace.
Mayor O’Leary made a motion to confirm the agreement with LeVander, Gillen and Miller to handle the civil matters and to appoint Kori Land as the City Attorney, seconded by Councilmember Hovey. Motion carried (4-0).
- Approve Agenda
Mayor O’Leary asked if there were any additions or corrections to the agenda.
Councilmember Hovey moved to adopt the agenda, seconded by Councilmember Beckett. Motion carried (4-0).
- Consent Agenda
Councilmember Beckett moved to approve the consent agenda, seconded by Councilmember O’Leary. Motion carried (4-0).
- Approve Regular Minutes of May 14, 2024
- List of Bills
- Monthly Financial Statements
- Receive Building Inspection Report
- Receive City Forester Report
- Receive Public Safety Report
Chief Sturgeon discussed a property on Salem Church Road regarding parking and other issues related to the parking on Salem Church Road.
- Comments from the Public
Tom Henrickson, Chair of Planning Commission expressed the need for the appointment of a commission member to fill the vacancy. No formal action taken.
- Public Hearing/Presentations
There were no public hearings or presentations.
6a. 415 Salem Church Road
Consider application for a Major Site and Building Plan Review at 415 Salem Church.
Ken Ronsberg of Performance Pool & Spa, on behalf of Alexandra and Grant Fitzer who are the property owners of 415 Salem Church Road, has made an application for a Major Site Plan and Building Review to allow for the approval to construct an 18 foot by 36 foot in-ground swimming pool. The pool will sit roughly 12 feet from the northeast corner of the existing residence. The pool will be rectangular in shape, with an approximately 1,402 square foot pool deck (made of concrete) surrounding the pool. The applicant will install erosion containment measures to prevent soil loss, such as silt fences and a soil stockpile just northwest of the pool deck.
The pool area will be bordered by a retaining wall with a height not to exceed 42 inches. The retaining wall will primarily run along the western border of the pool deck, separating the deck from the existing fenced vegetable garden. The wall extends south past the eastern side of the home to connect to the front yard by the existing driveway. A similar retaining wall will be installed opposite the western retaining wall to create a walking path connecting the driveway area to the side and rear of the home. Because the proposed pool and pool deck area is over 1,000 square feet in size, the zoning ordinance requires Major Site and Building Plan approval for the project.
Tree Preservation/Landscaping: The Applicant has not indicated that any trees or shrubs shall be removed as a result of the proposed installation. However, the landscape plan does indicate that a planting bed shall be installed between the northeast corner of the home and the adjacent retaining wall. An Autumn Blaze Maple tree and additional plantings will be put at the northeast corner of the pool deck to screen part of the retaining wall and blend the land disturbance.
Staff is recommending approval of the Major Site and Building Plan Review.
Moved by Councilmember Hovey to adopt Resolution No. 24-9 RESOLUTION APPROVING MAJOR SITE AND BUILDING PLAN REVIEW FOR THE CONSTRUCTION OF A SWIMMING POOL AND DECK ON THE PROPERTY AT 415 SALEM CHURCH ROAD, SUNFISH LAKE, DAKOTA COUNTY, MINNESOTA, seconded by Mayor O’Leary. Motion carried (4-0).
6b. 2570 Delaware Avenue
This item will be considered at the next regular City Council meeting in July. The city received a request from the applicant’s attorney requesting to continue the next regular meeting.
6c. Planner’s Report
5940 Zehnder Road: The owner of this property needs to replace his septic system as it is failing. This property is adjacent to 5960 Zehnder Road and the situation is very similar in that he needs a variance from the required septic setback from the Ordinary High Water Level. A variance application has been submitted but staff are still waiting for site plans/drawings regarding the proposal. This will be scheduled for a Planning Commission meeting when staff deems the application complete.
39 Windy Hill: Jim Stowell, property owner at this address, has filed a minor site plan application that would allow him to construct two asphalt parking spaces adjacent to his existing driveway. The City Council, Planning Commission and immediately adjacent neighbors received information on this proposal during the week of May 27, 2024. No complaints or comments have been received on this project. Staff prepared a letter for administrative approval.
Hagen Property-- 60th Street: Kyle Hagen, the property owner of parcel ID 380310078010, has submitted an application/fee/escrow for a major subdivision of this property. The first step he is taking towards platting this property is getting a wetland delineation done. The wetland report is being created/vetted now, and his subdivision proposal for the property would be submitted to staff once the wetland boundaries are clearly identified. Staff has no other information to provide at this time as to how he might intend to subdivide this lot, except that the subdivision would likely be accessed via 60th Street. The property owner submitted the application and fee/escrow now so staff time reviewing the wetland information was covered under the escrow.
Ordinance Updates: A meeting has been set up with the Mayor and City Attorney to discuss the process of updating the city’s ordinances.
Shoreland Ordinance/Septic Setback: At their meeting on April 18, the Planning Commission concurred that some research should be done with regard to the current required septic setback from the Ordinary High Water Level in the Shoreland District. The current setback requirement for septic systems is 150 feet from the Ordinary High Water Level in the Shoreland District. The City Council concurred with the Planning Commission and directed WSB to do an analysis of lot sizes and review setback requirements of other cities regarding this issue. This information will be presented to the City Council in July. If ordinance changes are requested, a public hearing will be held at the Planning Commission meeting later.
Land Use Application Revisions: The City Engineer and I will be working to revise the land use application that is currently in use to ensure that applicants can easily understand the approval process and submittal requirements.
- Engineer’s Report:
- Engineering Activities Undertaken in the Month of May
- PFAS Testing Proposal: At the May meeting, the City Council requested a proposal from WSB’s Water Resources and Fisheries Group to complete testing of PFAS in Sunfish Lake, Horseshoe Lake, and Hornbeam Lake. A copy of the letter proposal is attached to the agenda this evening. The proposal includes a total of two (2) surface water samples and nine (9) fish to be collected from each lake. After discussion it was recommended to accept the proposal.
Mayor O’Leary moved to approve the use of funds from the Monsanto Class Action Settlement for the proposal submitted by WSB for PFAS Study as presented this evening not to exceed $13,879.50 and the balance of the funds to be used to correct the culvert/line by Hornbeam Lake, seconded by Councilmember Hovey. Motion carried (4-0 nays).
- Staff met with the property owner at 2156 Charlton to review drainage concerns in their yard and pond. Staff reviewed the drainage area and made recommendations for repair.
- Staff corresponded with the resident at 329 Salem Church Road regarding the proposed replacement of the septic system at 295 Salem Church Road. The resident at 329 Salem Church Road was concerned about the proposed location of the system. Staff verified the proposed location was within the required setback and communicated this with the resident at 329 Salem Church Road.
- Staff discussed the issue with the culvert by Hornbeam Lake. The culvert was plugged and damaged. Staff worked with the contractor to correct the issue and re-open it back up and Staff are plan to televise the culvert/line to make sure it is repaired.
- Building and Site Reviews in the Month of April
None
- Public Works Activities Undertaken in the Month of October
- Pothole and shoulder repairs are being worked on as weather permits.
- Staff coordinated the replacement of a damaged fire number sign at 369 Salem Church Road.
- Anticipated Engineering/Public Work Activities for the Month of March
- Staff has scheduled to begin pavement and culvert ratings in June as weather permits. Letters were mailed to all residents within the project area to notify them of our surveyors’ presence in the city.
- Staff will continue to coordinate cost estimates for culvert and street maintenance items and to bring them forward at future City Council meetings.
- 8. NEW/OTHER MATTERS:
There were no new matters.
- Adjournment
Mayor O’Leary adjourned the meeting at 8:00 p.m.
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Christy Wilcox, 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.