SUNFISH LAKE CITY COUNCIL MEETING – FEBRUARY 2, 2021
7:00 P.M. – ONLINE MEETING
Attendants:
Mayor: Dan O’Leary
Councilmembers: Mike Hovey, JoAnne Wahlstrom, and Shari Hansen
City Attorney: Tim Kuntz
City Planner: Tom Ramler-Olson
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.
Councilmember Steven Bulach was absent
1. CALL TO ORDER: Mayor O’Leary called the meeting to order at 7:00 p.m. The Mayor explained that the Police Chief had sent a message advising that a deceased male was found by a resident walking on 60th Street near I-494. He noted that the Chief explained the person had no relationship to anyone in Sunfish Lake and was not from this area. He further explained that it appears the deceased was specifically targeted and the Chief wished to assure residents that there was no known threat to the public at this time. He further noted that anyone having information relating to this crime should contact the Crime Tip Line at 651-450-2530 and that they would remain anonymous. He thanked the Police Chief for providing this information.
2. APPROVE AGENDA: Mayor O’Leary asked if there were any additions or corrections to the agenda and there was no response.
Councilmember Hansen moved to adopt the agenda as presented, seconded by Councilmember Hovey and carried. (4-0)
3. CONSENT AGENDA: Mayor O’Leary asked if there were any questions or comments relating to any items on the Consent Agenda. He asked if the revenues would remain in the negative until the tax statements are received from Dakota County.
Treasurer Lanoue responded yes and explained that she was unsure when the County would send the tax revenue as they had rescheduled the payments due to the pandemic.
Mayor O’Leary noted that the total number of False Alarms were reduced from last year and asked residents to continue to keep the numbers low.
The Mayor asked Chief Sturgeon to provide some background information on the call relating to “Threats” by an individual texting he did not want family at his funeral.
Chief Sturgeon explained that the person had mental health issues and had sent the text to a Sunfish Lake resident. He advised that there was no criminal activity and no threat to residents. He stated that officers provided referrals for assistance with mental health issues to the resident.
Mayor O’Leary asked Chief Sturgeon if the burglaries listed had occurred in a specific area in the City.
Chief Sturgeon stated that the thefts occurred on Windy Hill Road and Windy Hill Court. He explained that a garage was left open and the vehicle inside was not locked; nothing major was taken from the vehicle. He also advised that another theft was from a vehicle left in a driveway. He noted that he received word today of a theft of mail that also occurred in that area and that he would request his officers do extra patrols.
Mayor O’Leary commented that he would be more alert since he lives in that area.
The Police Chief encouraged residents to contact the police department it they see anything suspicious.
Chief Sturgeon explained that he had sent an email to Council and staff regarding the City’s Emergency Plan Update. He noted that the City is required to update the plan every few years and that this is one of three (3) documents in place that outline processes to follow in times of natural or man-made disasters, such as severe storms, tornados, airplane crashes, etc.
The Chief advised that the document is confidential and should not be shared with the public. He stated that Dakota County also provides FEMA training for elected officials and that Councilmembers could contact him if they were interested in attending. He noted that next year the Hazard Mitigation Plan would also be updated and that he would discuss that at a future meeting.
Attorney Kuntz asked if the City must formally adopt the changes.
Chief Sturgeon responded no and explained that the City of West St. Paul formally adopted the document and that Sunfish Lake is included as part of the plan since they contract with the West St. Paul Police.
Mayor O’Leary stated that he reviewed the “Tree Removal Guide” that was attached to the Forester’s report and suggested that it be placed on the City website. He asked if resident Jeannine Nayes could work with the website designer to place a permanent text box on the website with this information.
Jeannine Nayes agreed to do so.
Engineer Sandberg explained that he reviewed the information which stated that a permit was not required to remove Invasive Species. He recommended that the document be more specific as to the areas in which removal is allowed since the City had an issue with removal of invasive species on lakeshore property.
Council concurred that the Forester should amend the document as it relates to removal of vegetation adjacent to lakes.
Mayor O’Leary asked if there were any further comments or questions and there was no response.
Councilmember Wahlstrom moved approval of the Consent Agenda as presented, seconded by Councilmember Hansen and carried. (4-0)
a. Regular Special and Regular Council Meeting Minutes of January 5, 2021
b. List of Bills
c. Monthly Financial Statements
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 and there was no response.
5. PUBLIC HEARING/PRESENTATIONS: None.
6. PLANNING COMMISSION/PLANNER’S REPORT: a. Discuss RV/Camper Parking Ordinance Regulations: Planner Ramler-Olson referred to his report dated February 2, 2021 and explained that at the January meeting there was discussion relating to storage of RV’s on residential properties and Council directed staff to conduct a more thorough review of the ordinance language that regulated RV storage. He referred to the sections of the City ordinance that related to Definitions, Exterior Storage and Required Fencing, Screening and Landscaping that were included in his report.
The Planner explained that the ordinance includes standards for off-street parking and setbacks. He noted that screening is required for all off-street parking areas that have parking for five (5) or more vehicles and that there is a 25-ft. setback requirement between the property line and a parking area and that screening is required from abutting or surrounding residential district and the public right-of-way. He further noted that the parking area must be constructed of a material to control dust and drainage.
Planner Ramler-Olson stated that he contacted the property owners at the two (2) specific properties that were discussed at the January meeting, 310 and 115 Salem Church Road, and informed them that their properties were observed to be non-compliant with RV storage standards in the ordinance sections that pertained to their property. He commented that he had friendly conversations with both owners.
The Planner advised that the property owner at 310 Salem Church Road, Erik Funk, expressed interest in off-street parking to accommodate long-term storage of the RV as well as temporary visitor parking. Mr. Funk explained that he had discussed this matter with the previous planner, Ryan Krzos, however, no further discussion had occurred since Ryan left his position.
Planner Ramler-Olson advised that Mr. Funk stated he plans to apply for and install off-street parking in the spring when weather allows the work to be done. The Planner noted that he would assist Mr. Funk with the application and installation to ensure it meets ordinance standards.
The Planner stated he also spoke with Nathan Herschbach, 115 Salem Church Road, who stated he also had a conversation with Ryan last year. Mr. Herschbach explained that during that conversation it was determined that the RV is stored in the side yard of the lot. The Planner advised that he arrived at the same conclusion after conducting an aerial review of the property, He also noted that it was determined there is a 100 ft. setback from the property to the east and 140 ft. setback from the road right-of-way. He referred Council to the aerial photo attached to his report and pointed out the double row of trees that screen the property at 115 Salem Church Road from the adjacent property at 85 Salem Church Road.
Planner Ramler-Olson stated that it is his opinion that this property is in compliance with the City ordinance as it relates to RV storage and parking. He asked Council if there were any further regulations that staff should review.
Mayor O’Leary noted that Section 1202, Definitions, allows for sufficient size for parking of one (1) motor vehicle. He questioned if the type of “motor” vehicle should be defined. He commented that someone may interpret a “semi-truck” as a motor vehicle.
Planner Ramler-Olson stated he was unsure if the type of vehicle is defined and advised that he would do further research on the matter and report back to Council.
Mayor O’Leary stated that in his opinion the type of vehicle should be more clearly defined than just “motor” vehicle; he noted that the term “motor” vehicle is also used to define junk vehicles and that section of the City Code should also include a better definition. He pointed out that he had suggested that an on-going review of the City Code be done so that inconsistencies could be addressed and so that the regulations are consistent throughout the document. He commented that he had discussed this issue with a Councilmember from Mendota Heights and other cities may also have experience with inconsistencies in their regulations.
Attorney Kuntz asked the Planner if he had difficulty determining what the front and side yard are on the property at 310 Salem Church Road.
Planner Ramler-Olson advised that 310 Salem Church Road is located on a private drive, therefore, it was somewhat difficult defining what was the front yard. He noted that the property has access from Salem Church Road and, in his opinion, the portion of the home facing the private drive immediately extending off of Salem Church Road would qualify as the front of the home.
Mayor O’Leary asked if there should be some flexibility in the definition since many homes are located on private roads.
Attorney Kuntz pointed out that one definition may not apply to all cases because of the private road issue; he deferred to the Planner for his opinion.
Planner Ramler-Olson stated that in his opinion there should be some flexibility with the definition of the front yard, however, he noted that this rationale should be applied consistently.
Mayor O’Leary agreed and suggested that it may be possible to include a better definition with common sense language in the City Code so that neighbors would be able to define front yards when reviewing the regulations.
Planner Ramler-Olson agreed and stated he would research the matter.
b. Planner’s Report: Planner Ramler-Olson reviewed the following information listed in his report dated February 2, 2021. The Planner stated that the January Planning meeting was cancelled due to lack of agenda items. He explained that he attached a “revised” 2021 Planning Application Schedule that was approved at the December Council meeting and noted that the date for the August Council meeting was listed on the 2nd and should have been August 3, 2021. He further stated that the November Council meeting should be rescheduled to November 9, as it was shown on November 3, but that action could be done in the future.
Clerk Iago explained that the November meeting was moved to November 9 and was listed on the schedule; she advised that this is due to the School Board election being held on the first Tuesday in November.
Mayor O’Leary asked if formal action was need to do this and the Attorney responded yes.
Councilmember Wahlstrom moved to change the August 2, 2021 Council meeting to August 3, 2021, seconded by Mayor O’Leary. Motion carried. (4-0)
The Planner stated that a coordinated site visit was conducted at the Riley property for a potential major site plan review application.
Planner Ramler-Olson explained that he finalized the temporary parking conditions at 245 Salem Church Road and presented them to the property owner who agreed to the conditions. He stated that he was unable to meet with the property owner at 233 Salem Church Road in person, but that he left a letter outlining the temporary parking conditions on the site.
Mayor O’Leary asked if the Temporary Parking conditions would be included as part of the application process in the future.
The Planner responded yes and stated that the information would be presented to the contractor when they make application for a Building Permit and prior to the start of construction.
Mayor O’Leary voiced his opinion that the Temporary Parking conditions may be different for each site and difficult to list in the City ordinances. However, he suggested that it be part of the Building Processes list and that the property owner and builder be asked to sign the list of conditions.
Planner Ramler-Olson agreed and stated he would incorporate the list with signatures into the application process.
Mayor O’Leary further suggested that staff be sure to obtain the cell phone numbers for the property owner in case they do not have a landline/home phone.
Council thanked the Planner for his report.
7. ENGINEER’S REPORT: 1. Engineering Activities Undertaken in January: A. Sunnyside Lane and Zehnder Road Feasibility Studies: Engineer Sandberg referred to his report dated January 27, 2021 and the Feasibility Study for the 2021 Sunnyside Lane Improvement Project dated January 29, 2021. He explained that the project would consist of a full depth reclamation and paving and maintenance of the storm culverts. He advised that the total estimated cost of the project with subgrade correction would be $146,700, which includes a 10% contingency and 35% for administrative costs. He stated that the project would be scheduled to begin the spring of 2021 and completed by fall 2021.
The Engineer explained there was one lot owned by an adjacent property owner that would not be considered a buildable lot due to several constraints.
Mayor O’Leary asked if the property owner was aware of the fact that the lot was not a buildable lot.
Engineer Sandberg stated that either the property owner would be notified of this fact at the public hearing scheduled for next month, or that he could contact them prior to the hearing.
Mayor O’Leary offered his opinion that it would be best to contact the property owner prior to the hearing.
Councilmember Hovey asked if the lot in question was included in the assessments with a previous road improvement.
Engineer Sandberg stated he was unsure if it was previously assessed and he stated he would contact the property owner.
The Engineer explained that the estimated cost of the project would be $146,650 which includes a 10% contingency and 35% for administrative costs. He advised that assessments would be $12,980 per parcel. He further noted that the benefit analysis report referred to the project as a “mill and overly”, however, he stated he would ask that the report be changed prior to the public hearing. He explained that the benefit analysis showed a benefit of up to $16,000 per parcel for the full depth reclamation project.
Mayor O’Leary asked what percentage of the costs are assessed to the property owners.
Engineer Sandberg explained that 80% of the costs are assessed to the property owner and 20% are paid by the city.
The Engineer referred to the Feasibility Study for the Zehnder Road full depth reclamation project. He advised that the estimated project cost would be $41,000, with a 10% contingency and 35% administrative costs for a estimated total cost of $61,000.
Mayor O’Leary asked if the property owners are aware that the road needs repair.
Engineer Sandberg explained that most of the road surface appears to be fine, however, the cul-de-sac area shows that the road is in very poor condition. He explained that the core samples taken from the road fell apart when they were removed and this prompted the change from mill and overlay to full depth reclamation.
Councilmember Hansen asked if 60th Street was owned by Sunfish Lake or Inver Grove Heights. She noted that the 60th Street ratings were the lowest in the paving report and she asked if the City was considering any repairs on that street.
Engineer Sandberg explained that half of 60th Street is located in Sunfish Lake and half in Inver Grove Heights. He advised that he contacted the Inver Grove Public Works Director who advised they have no interest in fixing the road due to the fact that MnDOT has long-range plans for the street. The Engineer stated that Inver Grove did not wish to invest money for repairs at this time.
There was discussion regarding the fact that 60th Street dead ends at I-494 and the Engineer explained that he had not seen any future plans for 60th Street in the MnDOT projects.
Mayor O’Leary suggested that the Engineer contact MnDOT to determine what they plan to do with the road. He noted that residents had expressed concerns regarding being restricted from driving the road when the police were investigating the recent homicide. He indicated that MnDOT should advise the City of any plans to install an interchange at that location so that residents may be informed of future plans for the road.
Engineer Sandberg stated he would contact MnDOT to discuss the matter.
The Engineer displayed the map showing the proposed property assessments for Zehnder Road. He noted that one parcel owned by an adjacent property does not meet the buildable criteria for development although it is a platted lot. He further noted that there are five (5) lots proposed for assessment of 80% of the costs. He advised that the construction costs are estimated at $41,000, plus 10% contingency and 35% administrative costs for a total project cost of $61,000 or $9,740 per lot.
The Engineer advised that the benefit analysis showed a benefit of $9,700 per parcel. He noted that the benefit analysis report referred to the project as a “mill and overly” and he advised that he would have the report changed prior to the public hearing.
Mayor O’Leary asked the life expectancy of the road for a mill and overlay versus a full depth reclamation.
Engineer Sandberg explained that the mill and overlay extends the roadway life approximately 5 to 6 years if regular maintenance by sealcoating is done. He advised that the full depth reclamation would extend the life of the roadway 20 to 30 years with regular maintenance.
The Engineer explained that Council has the option to increase what the City will contribute by an additional $40 per parcel for the project so that the amount coincides with the benefit analysis. He offered to respond to questions.
Mayor O’Leary stated that in his opinion it would be fair for the City to pay the additional $40 per parcel so that the assessment cost is comparable to the benefit analysis report.
Attorney Kuntz questioned if the sub-base would need repair as part of the full depth reclamation project.
Engineer Sandberg explained that the sub-base of the road should not be an issue since it is the pavement that wears down. He indicated that there may be some soft spots in the sub-grade that require additional materials, but it should not pose any problems.
Mayor O’Leary asked if there were any further questions and there was no response.
B. Sunnyside Lane and Zehnder Road Benefit Analyses: Engineer Sandberg stated this information was discussed in conjunction with the feasibility studies.
C. Development Process Chart: Staff met to on several occasions in January to develop a process chart that outlines the stages of development and staff responsibilities for a typical development application. Engineer Sandberg referred to the document and reviewed the phases of the application process and noted that there maybe crossover areas for staff responsibility.
Mayor O’Leary asked if the document covers site meetings before the project begins and addresses temporary parking during construction.
Engineer Sandberg explained that the preapplication meeting covers site visits and that is when staff meets with property owners and could discuss temporary parking issues at that time.
Mayor O’Leary suggested that Council take time to carefully review the document and that further discussion could be held at the next meeting.
Councilmember Hovey stated that he briefly reviewed the document but that he did not see any procedures for reviewing landscape screening that may die after a few years. He asked if the City should include in the document some requirements that screening must be kept in place.
Mayor O’Leary pointed out that follow-up on screening should be done by the next growing season and asked Attorney Kuntz if the City has the authority to require replacement of dead trees or shrubs.
Attorney Kuntz explained that the City could require replacement and has done so in some instances, however, he noted there may be costs associated with enforcement. He further questioned what type of time frame would be appropriate to require replacement.
Mayor O’Leary suggested that staff could discuss how to address the matter of requiring replacement of dead trees or shrubs and that it is his opinion it would be good to include this in the document.
Engineer Sandberg stated he would discuss this with staff and include it in the document.
D. Water Pumping Letters: Staff met to determine the appropriate pumping parameters for pumping on lakes in the City.
Engineer Sandberg explained that he and Forester Nayes agreed that the outlet levels should also determine the pumping parameters for Horseshoe and Hornbeam Lakes.
Forester Nayes explained that the outlets on the other two lakes are visible and that residents adjacent to those lakes should also be required to apply for pumping permits.
Engineer Sandberg referred to the draft letter staff prepared to send to the lakeshore property owners and asked if Council approval was needed prior to sending out the letter.
Mayor O’Leary asked Council if they would agree to have staff send the letter after review and approval by the City Attorney. Council concurred.
2. Building and Site review in the Month of January: A. Staff Conducted reviews for the following two (2) properties:
Riley property – Staff met on site prior to application for a Major Site and Building Plan Review /Conditional Use Permit request.
2150 Charlton Road – Staff continues to work with the homeowner on as-built issues.
3. Public Works Activities Undertaken in the Month of January: A. Snow clearing/road salting and sanding occurred during at least two (2) separate events in January. Staff worked with the contractor to respond to a number of road condition concerns received from residents.
4. Anticipated Engineering and Public Works Activities for February: A. Staff will work with the City snowplow contractor to keep the roads clear and safe. Residents are encouraged to email their concerns regarding slippery areas on the City streets that need attention to the snowplow contractor at
Councilmember Hovey asked the Engineer to contact the snowplowing contractor and ask if it was possible to widen Charlton Road at the north end where it meets Highway 62. He noted that MnDOT may not be pushing the snow off to the side when they plow the street and it would help with access at that location.
Engineer Sandberg stated he would relay that request to the contractor.
Mayor O’Leary asked if Council could adopt all the resolutions relating to the proposed street improvement projects with one motion and the City Attorney responded yes.
Councilmember Hovey moved, seconded by Councilmember Hansen, to adopt the following;
Resolution No. 21-04 titled, RESOLUTION Approving Feasibility Report and Calling for Public Hearing for Improvement Project No. 2021-01 (Sunnyside Lane Improvement Project)
Resolution No. 21-05 titled, Resolution Approving Preliminary Financing Plan for Improvement Project No. 2021-01 (Sunnyside Lane Improvement Project)
Resolution No. 21-06 titled, Resolution Approving Preliminary Project Schedule for Improvement Project No. 2021-01 (Sunnyside Lane Improvement Project)
Resolution NO. 21-07 titled, Resolution Appointing Engineer, Bond Counsel and Fiscal Advisor for Improvement Project No. 2021-01 (Sunnyside Lane Improvement Project)
Resolution No. 21-08 titled, Resolution Approving Feasibility Report and Calling for Public Hearing for Improvement Project No. 2021-02 (Zehnder Road Street Improvement Project)
Resolution No. 21-09 titled, Resolution Approving Preliminary Financing Plan for Improvement Project No. 2021-02 (Zehnder Road Improvement Project)
Resolution No. 21-10 titled, Resolution Approving Preliminary Project Schedule for Improvement Project No. 2021-02 (Zehnder Road Improvement Project)
Resolution No. 21-11 titled, Resolution Appointing Engineer, Bond Counsel and Fiscal Advisor for Improvement Project No. 2021-02 (Zehnder Road Improvement Project)
Motion Carried. (4-0)
Council thanked the Engineer for his report.
8. NEW/OTHER BUSINESS: a. Discuss Dakota County Regulations on Feeding Deer and Chronic Wasting Disease: Forester Nayes referred to his memorandum titled “Deer Feeding Prohibited” and explained that last November the first positive case of Chronic Wasting Disease was confirmed in Dakota County. He explained that he prepared information for posting on the City website that explains how feeding deer tends to attract large numbers of deer together in one location and, by doing so, spreads Chronic Wasting Disease more quickly.
The Forester noted that all adjacent counties have imposed a ban on feeding deer by placing any food products such as grains, fruits, vegetables, nuts and hay that attract deer. He advised that it is important to provide this information to residents that feeding deer not only spreads Chronic Wasting Disease but is also illegal and prohibited within the City.
Forester Nayes asked Council for permission to place this information on the City website.
Mayor O’Leary agreed that the information should be put on the website and also suggested that an email be sent to residents that had signed up to receive them. He asked resident Jeannine Nayes, who serves on the City Welcome Committee, if she would send out an email blast with this information and she responded yes.
Council concurred that the information should be placed on the website and also sent by email.
Clerk Iago asked that the Forester send her the information for inclusion in the Fall City Newsletter.
Mayor O’Leary asked if there were any further comments or questions and there was no response.
b. Other: 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 8:30 p.m.
____________________________ ________________________________
Catherine Iago, 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.