SUNFISH LAKE CITY COUNCIL MEETING
Tuesday, September 5, 2023
First Calvary Baptist Church – 5495 S Robert Trail
7:00 P.M.
Attendants:
Mayor: Dan O’Leary
Councilmembers: Present: Steven Bulach, Mike Hovey, Shannon Nelson
Absent: Shari Hansen
City Attorney: Timothy Kuntz
City Forester: Jim Nayes
Police Chief: Brian Sturgeon
City Engineer: Jeff Sandberg and Justin Messner
City Planner: Lori Johnson
City Clerk: Christy Wilcox
City Treasurer: Ann Lanoue
- Call to Order
- Approve Agenda
Mayor O’Leary asked if there were any additions or corrections to the agenda.
Mayor O’Leary requested to add Item #8D to discuss the request by the Welcome Committee of $250.00. However, this item may be discussed during budget discussions.
Councilmember Bulach moved to adopt the agenda as amended, seconded by Councilmember Hovey. Motion carried (4-0).
- Consent Agenda
Moved by Councilmember Nelson, seconded by Councilmember Bulach to approve the consent agenda. Motion carried (4-0).
- Approve Regular Minutes of August 1, 2023
- List of Bills (As Amended)
- Monthly Financial Statements
- Receive Building Inspection Report
- Receive City Forester Report
- Receive Public Safety Report
Chief Sturgeon went over the summary of calls for the month and answered the questions raised by the Mayor and City Council. Chief Sturgeon also informed the City Council that they worked with the DNR over an incident with a resident who was shooting geese.
- Comments from the Public
- There were no comments from the Public.
- Public Hearing/Presentations
There were no public hearings or presentations.
- Planner’s Report:
- There was not a Planning Commission meeting in August but there will be a meeting in September and October.
- 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 has been deemed complete and the item will be reviewed at the Planning Commission meeting on September 21st. An on-site meeting will be held at 6:30 prior to the Planning Commission meeting at 7:00 p.m.
- 116 Salem Church Road: At the June City Council meeting the property owners at this address expressed their desire to obtain a front yard variance for a home addition. The property owners have now submitted a complete application within the last week and their variance request will be reviewed at the Planning Commission meeting on October 19th. Once again, an on-site meeting will be held at 6:30 prior to the Planning Commission meeting.
- 415 Salem Church Road: An application has been received for major site plan approval for the construction of an inground pool at this address. The application is missing quite a bit of information and is expected to be deemed incomplete.
- Short Term Rentals: Staff are receiving calls regarding short-term rentals and whether or not they are allowed in Sunfish Lake. The callers are referring to VRBO or Airbnb rentals. This may be something to consider for our future ordinance updates.
- Escrows: Staff have asked for updated escrows for the 205 Salem Church Road, 11 Salem Church Lane and 15 Sunnyside Lane projects. The request letter was sent out to the applicants on August 18th and the applicants have until September 15th but no escrows have been received yet. Reminder letters will be sent out.
- Ordinance Updates: Several chapters have been redlined and the Mayor and City Planner will be meeting to discuss the proposed ordinance changes.
Councilmember Nelson mentioned that she has heard that the short-term rental issue in Mendota Heights is a current topic as there is a rental that sleeps at least 20 and is in a residential area. This could become a problem with the proximity to the Minnesota Vikings complex being so close. Mayor O’Leary said that this does merit discussion, however it was suggested at one time that the City maybe wait until this becomes an issue in Sunfish Lake. The City Planner offered to provide the information that she has on this issue for review. Mayor O’Leary directed the City Attorney to provide information regarding short-term rentals and if an ordinance should be considered that include exceptions for undue hardships. Councilmember Bulach also asked about secondary structures and if this includes rentals.
- Engineer’s Report:
- Engineering Activities Undertaken in the Month of August
- There were not a lot of engineering activities during the month. Staff did meet to go over all the open permits. Jeff will be officially retiring on September 8th.
- Building and Site Reviews in the Month of August
- 114 Salem Church Road: Staff received a second submission and deemed the application a complete submittal for this major site plan application. It is expected that this application will be in front of the Planning Commission and City Council in September/October.
- Public Works Activities Undertaken in the Month of August
- Grieve Glen Lane: Work began on August 22nd to correct the pipe that had separated in the boulevard. Staff were on-site to inspect the work. It was determined that the issue was with an old, abandoned pipe. The Grieve Glen storm sewer was determined to be functional and intact. A portion of the abandoned pipe was removed, and the remainder sealed with concrete. The total cost is anticipated to be less than $7,000. This work will be invoiced next month.
- 8. NEW/OTHER MATTERS:
- Consider Resolution Adopting the Proposed Budget and Setting Not-To-Exceed Tax Levy for Collection in Year 2024 and Schedule Special Truth in Taxation Council Meeting on December 5, 2023.
Ann Lanoue, City Treasurer, presented the proposed 2024 budget. To budget the balance on the requests that have been made would be $658,241 in the general levy and $146,285 on the debt levy with a total not to exceed levy of $804,526. The City Treasurer went over the spreadsheets that were provided.
The City Treasurer went over the levy for debt service, which is a three year process. There was discussion regarding the costs of the agreement with Mendota Heights for fire services and the increased costs related to providing this service. Councilmember Bulach raised the question on whether the City can go out for bids for this service. Chief Sturgeon indicated that whoever provides this service would need to have a water truck.
The City Attorney went over the process and timeline for the truth-in-taxation process, which is outlined in the memo that is part of the agenda.
Moved by Mayor O’Leary, seconded by Councilmember Bulach to direct Chief Sturgeon to explore costs of the fire protection services for the City. Motion carried (4-0).
Moved by Mayor O’Leary, seconded by Councilmember Nelson to approve the budget amount of $250 for expenses related to the Welcome Committee. Motion carried (4-0).
Moved by Mayor O’Leary, seconded by Councilmember Hovey to adopt Resolution No. 23-20, setting Not-To-Exceed Tax Levy for Collection in the Year 2024. Motion carried (4-0).
Moved by Mayor O’Leary, seconded by Councilmember Nelson to set December 5, 2023, to discuss the budget and property tax levy. Motion carried (4-0).
- Discussion Relating to Proposed Ordinance Prohibiting Use of Cannabis Products in Public Places.
The City Attorney reviewed the recent state law which provides for the regulation of adult use of cannabis. The legislations allow local units of government to adopt reasonable restrictions on the time, place, and manner of the operation of a cannabis business and the use of cannabis in public spaces. After discussion, the City Attorney suggests that the City Council consider an ordinance prohibiting cannabis use within the public parks. This item will be on the next regular meeting agenda. Councilmember Nelson asked about growing cannabis at home - do we need to be concerned about this? Police Chief Sturgeon indicated that this is where it does get confusing. The Office of Cannabis is not up and running yet. More information will be forthcoming.
- Consider Not to Waive Liability Limits and Accept Coverage of $1,500,000 with the League of Minnesota Cities.
Treasurer Lanoue explained that the League of Minnesota Cities Insurance Trust (LMCIT) annually requests that the City determine if they wish to waive the liability limits and accept coverage of $1,500,000 and the City has consistently responded that they do not wish to waive the limits.
Moved by Mayor O’Leary, seconded by Councilmember Hovey to not waive the liability limits and to accept the coverage of $1,500,000 with the League of Minnesota Cities. Motion carried (4-0).
- Adjournment
Mayor O’Leary adjourned the meeting at 8:37 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.