SUNFISH LAKE CITY COUNCIL MEETING - JUNE 6, 2023

SUNFISH LAKE CITY COUNCIL MEETING

June 6, 2023

WEST ST. PAUL CITY HALL – COUNCIL CHAMBERS

1616 Humboldt Avenue, West St. Paul

7:00 P.M.

Attendants:

Mayor:                                 Dan O’Leary

Councilmembers:               Steven Bulach, Mike Hovey, and Shannon Nelson

City Attorney:                    Timothy Kuntz

City Forester:                     Jim Nayes

Police Chief:                       Brian Sturgeon

City Engineer:                    Jeff Sandberg

City Planner:                      Lori Johnson

City Clerk:                          Christy Wilcox

City Treasurer:                  Ann Lanoue

  1. Call to Order

 

  1. Approve Agenda

                Mayor O’Leary asked if there were any additions or corrections to the agenda and there were none.

                Councilmember Hovey moved to adopt the agenda, seconded by Councilmember Nelson.  Motion carried (4-0).

  1. Consent Agenda

                Moved by Councilmember Bulach, seconded by Councilmember Hovey to approve the consent agenda.  Motion carried (4-0).

  1. Approve Regular Minutes of April 25 and May 2, 2023
  2. List of Bills
  3. Monthly Financial Statements
  4. Receive Building Inspection Report
  5. Receive City Forester Report
  6. Receive Public Safety Report

Chief Brian Sturgeon discussed the outcome of the 2023 legislative session and the Tax Omnibus bill with Public Safety Aid package.  This package includes direct funding to all cities in the State of Minnesota including Sunfish Lake, which has allocated $23,062 to the City for public safety.  The Chief is recommending the purchase of two portable camera systems that would be mounted on existing electrical poles in order to monitor activities at locations of criminal or nuisance activity or locations of potential illegal activity.

  1. Comments from the Public
  • Andrew and Jill Johnson, 116 Salem Church Road, asked for an opinion on applying for a potential Variance request. They would like to expand on the side of their house but do not want to spend several thousands of dollars if this is something that would not be approved.   Mayor O’Leary explained that prior to the City Council considering a Variance, it would go through the process of a public hearing by the Planning Commission and would be difficult to decide with no knowledge of or having seen any plans.  The City Planner has not made any type of recommendation of this project.  The City Planner said that because the project would require a Major Site Plan Review and Variance that the applicant should submit the Variance application first then if approved, follow up with the Major Site Plan Review.
  • Peggy Johnson, Salem Church Road, asked if there was a way to get more information out to residents on the rules and regulations when making any alterations or improvements to their properties. Mayor O’Leary explained that the City does not have contact information for all residents that are currently living in Sunfish Lake or moving into the community.  The City does rely on the City’s website to provide residents the information or contact information for questions on this issue.
  • Chris Barber, 410 Salem Church Road, discussed the Deer Management Program and said that the current program works for everyone and has been successful.
  1. Public Hearing/Presentations

                There were no public hearings or presentations.

  1. Planner’s Report:

 

  1. 410 Salem Church Road – Major Site Plan Review. Application for a Major Site Plan Review and Building Plan Review for the property located at 410 Salem Church Road.

 

Planner Johnson referred to her report dated May 18, 2023, as well as the presentation packet that was distributed this evening.  The property is zoned and located in a Single-Family Residential and a small portion of the property is located in the Shoreland Overlay District but is not affected by this project.  The site is 2.44 acres.

The Planner stated they are proposing a 1,700 square foot addition to their home. This would consist of a new garage, office space and mudroom.  All setbacks are met, the impervious surface is 18% which meets requirements and the building coverage is 5% which also meets requirements.  There will be no change to the existing driveway access from Salem Church Road.  There will be a new bituminous driveway added to the garage.  The addition will match the existing home which is approximately 1,740 square feet.  There are four (4) existing trees planned for removal and the owners will replace all of those four (4) trees.

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

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

Councilmember Hovey asked how high the retaining wall was going to be.  Staff noted that the retaining wall will be 3 ½ feet.  Councilmember Bulach asked about the septic system and the City Planner noted that there will be no changes to the septic system.

The proposed improvements meet the R-1 and Shoreland Overlay District requirements. Staff recommends approval with the 10 conditions listed in the Findings of Fact.

Moved by Councilmember Hovey to adopt Resolution No. 23-14, RESOLUTION APPROVING A MAJOR SITE PLAN REVIEW AND BUILDING PLAN REVIEW FOR THE PROPERTY AT 410 SALEM CHURCH ROAD, SUNFISH LAKE, DAKOTA COUNTY, MINNESOTA, seconded by Mayor O’Leary.  Motion carried (4-0).

  1. 205 Salem Church Road – Major Site Plan Review. Application for a Major Site Plan Review for the property located at 205 Salem Church Road.

 

Planner Johnson referred to her report dated May 18, 2023, as well as the presentation packet that was distributed this evening.  The existing land use for the property is Single-Family Residential and the existing zoning is R-1 Single Family.  The site is 4.9 acres. They are requesting major site plan approval for landscaping improvements on the property.

Background information on this site:

  • In October of 2022, staff was contacted about tree removal and grading work. Staff contacted the owners of the property to make them aware that the tree removal and grading work in progress required City approval
  • Applicants halted work on the property and began work on plans that met ordinance requirements for the City
  • Owners were fined $250 for doing work without necessary permits, have paid standard application fee and escrow for Major Site Plan applications and are responsible for all consultant time on the project
  • City Forester examined the site and provided recommendations

The Planner stated they are installing a rain garden on the north side of the site.  The landscaping includes trees and lawn areas, new surfacing around the pool, a possible bituminous driveway and sports pad on the north side of the house.

Originally the City Forester estimated that 60 to 105 trees were removed.  However, after further examination, 30 of the removed trees were from the septic field where removal is permitted by the Zoning Ordinance.  The City Forester noted that the removed trees included a significant number of invasive trees that require no permit for removal.  It is estimated that there were 30 trees illegally removed.  The applicants intend to remove an additional 5 trees.  They have planned to plant 88 new trees, which exceed the estimate of illegally removed trees.

The City Planner did want to point out that during construction, grading activities occurred over the north property line and tree removal in the area was significant.  Had City Staff known about the project, Staff would have recommended saving trees in this area for screening purposes.  Staff has added a condition that 10 spruce trees be planted in this area and noted that the applicant has already submitted this in the plan.  The proper NPDES permit was submitted for previously completed and planned work. The wetland delineation was completed with no impact on previous or proposed activities to the wetland on site.

Staff recommends approval with the 12 conditions listed in the Findings of Fact.

Mayor O’Leary asked to include an additional condition that the applicant agrees that there shall be no freestanding lights or lighting on the sport court, other than typical lighting associated with the wall mounted lights on the home.  All lighting must meet zoning ordinance requirements.  Mayor O’Leary  requests the resolution is signed by the landowners stating they will abide by the conditions and the ordinances relating to the property.

The applicant stated that the sports pad is just a driveway and there are no plans for netting or any additional lighting.  The builder for the applicant said that all work will be done by the end of this year.

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

Moved by Mayor O’Leary to adopt Resolution No. 23-15 AS AMENDED, APPROVING A MAJOR SITE PLAN REVIEW FOR THE PROPERTY AT 205 SALEM CHURCH, SUNFISH LAKE, DAKOTA COUNTY, MINNESOTA, seconded by Councilmember Hovey.  Motion carried (4-0).

 

  1. 11 Salem Lane – Major Site Plan and Building Review. Application for a Major Site Plan and Building Review for the property at 11 Salem Lane.

 

Planner Johnson referred to her report dated May 18, 2023, as well as the presentation packet that was distributed this evening.  The existing land use for the property is Single-Family Residential and the existing zoning is R-1 Single Family.  The property does have a corner in the Shoreland Overlay District but is not affected by the work that is being done.  The site is 4.9 acres. They are requesting major site and building plan approval for the construction of a new home.

Proposed:

  • 7,695 square foot home
  • Existing home on site was demolished early 2023 to prepare for the new home and did receive proper approvals prior to demolition
  • The new home includes attached garage and screen porch
  • Exceeds setback requirements
  • Impervious surface is 4% which meets requirements
  • Access will be from Salem Lane, private road (adjacent to Windy Hill but no access)
  • Single story walkout with natural stone, wood siding, stucco, metal roofing with a Pickleball court in the backyard and stone patio in rear of house

 Landscaping and Tree Removal/Preservation

  • 102 trees to be removed which includes 20 ash. The ash trees are allowed to be removed and replacement is not required.
  • 82 new trees required for mitigation
  • 89 new trees to be planted
  • Trees on site protected during construction by fencing

Staff did receive a lighting plan since the Planning Commission meeting.  The lighting plan does meet the requirements set forth by the Zoning Code.

Staff also noted they are showing a gate on the plans submitted and it was noted that this would need a Conditional Use Permit if they want to proceed with this.  The gates and monuments need to be set back 100 feet from the front property line.  This placement would be difficult to meet on this property, so they would need to prove a practical difficulty to do that so a Variance would be required or the plans would need to be amended.

Staff is recommending approval subject to the 14 conditions listed in the Findings of Fact.

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

Councilmember Hovey asked where the septic will be and where the secondary system will be.  Planner Johnson stated the Planning Commission did review this.

City Attorney Kuntz asked about the status of the Conditional Use Permit and Variance relating to the gate.  Planner Johnson stated they have not applied for these as of yet, but there is a condition added to the resolution if adopted that a Conditional Use Permit or Variance would need to be obtained before permits are granted for the security gate and associated monuments. 

Councilmember Nelson asked if there was a condition relating to property owner or contractor maintaining the integrity of the private road during construction.   Staff noted that this is a private road and not a City issue.

The City Engineer mentioned that the City may want to include the same condition relating to lighting of the pickleball court that will be installed as the previous application.  City Council agreed it should be included.  Mayor O’Leary also requests the resolution is signed by the landowners stating they will abide by the conditions and the ordinances relating to the property.

Moved by Mayor O’Leary to adopt Resolution No. 23-16 AS AMENDED, APPROVING A MAJOR SITE PLAN REVIEW FOR THE PROPERTY AT 11 SALEM LANE, SUNFISH LAKE, DAKOTA COUNTY, MINNESOTA, seconded by Councilmember Bulach.  Motion carried (4-0).

June Planning Updates:

 

  • 2144 Charlton Road: The homeowners have submitted a minor site plan review and variance application that would allow them to construct a third stall on the existing, attached, two-stall garage at this address.  This application has now been deemed complete.  This will be considered by the City Council in June.
  • Ordinance Updates: Several chapters have been redlined and the Mayor and City Planner will be meeting to discuss the proposed ordinance changes.
  • 114 Salem Church Road: M & M Home Contractors have submitted a land use application/fee/escrow for major site and building plan review for a new home on this property.  The property is currently vacant.  The application will most likely be deemed incomplete due to the fact that a wetland delineation is needed, and most plans have not been submitted.

            

  1. Engineer’s Report:
  •  Building and Site Reviews in the Month of April
  1. 114 Salem Church Road: A wetland report was submitted and reviewed
  2. 10 Acorn: Reviewed a permit request from Xcel Energy to repair/improve electrical service to this property
  3. 2144 Charlton Road: Reviewed the application for expanding a garage
  4. 205 Salem Church Road: Reviewed additional information related to wetland determination and an updated tree replacement plan
  5. 410 Salem Church Road: Reviewed the wetland Notice of Decision and final report for this application
  6. 32 55th Street: Reviewed updated information relating to raising the structure by 1.5’
  • Public Works Activities Undertaken in the Month of April
  1. 2023 Contract for Snow Plowing Services: Staff coordinated with Executive Contractors for the new 3-year contract with the City.
  2. No Solicitation Signage: Ordered and received the signs.  The City Planner has installed one of the signs on Salem Church Road off of Robert Street and will work to get the rest of the signs installed.

 

  1. New/Other Business
  2. Bureau of Criminal Apprehension’s Criminal Justice Data Network Master Joint Powers Agreement

            Moved by Mayor O’Leary to adopt Resolution No. 2023-17, approving State of Minnesota Joint Powers Agreement with the City of Sunfish Lake on behalf of its City Attorney and Police Department, seconded by Councilmember Hovey. Motion carried (4-0).

Snow Removal Agreement

          Moved by Councilmember Hovey to approve the agreement between the City of Sunfish Lake for Snow Removal Services for the 2023-2026 Snowplow Seasons, seconded by Mayor O’Leary.  Motion carried (4-0).

Termination of Declaration of Local Emergency

Moved by Councilmember Hovey to adopt Resolution 2023-13, approving the termination of the existing local emergency declaration related to the COVID-19 Health Pandemic, seconded by Councilmember Nelson.  Motion carried (4-0).

Discussion of Deer Population Management Program

Mayor O’Leary  and City Attorney Kuntz gave an update on the deer population management program. 

Mayor O’Leary moved to approve the agreement between the City of Sunfish Lake and Metro Bowhunters Resource Base, Inc. for dear hunting seasons in 2023, 2024 and 2025, seconded by Councilmember Bulach.  Motion carried (4-0).

Mayor O’Leary moved to adopt Resolution No. 2023-18, approving a Deer Population Management Plan for the City of Sunfish Lake for the Deer Hunting Seasons in the Years 2023, 2024 and 2025, seconded by Councilmember Hovey.  Motion carried (4-0).

Mayor O’Leary moved to adopt Ordinance No.2023-03, amending the Sunfish Lake City Code, Chapter 601 relating to Firearms, seconded by Councilmember Nelson.  Motion carried (4-0).

Adjournment

                Mayor O’Leary adjourned the meeting at 8:25 p.m.

 

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Christy Wilcox, City Clerk                                                              Dan O’Leary, Mayor