SUNFISH LAKE CITY COUNCIL MEETING – APRIL 7, 2020
7:00 P.M. – ONLINE MEETING
Virtual Meeting Attendants:
Mayor: Dan O’Leary
Councilmembers: Mike Hovey, JoAnne Wahlstrom, Steven Bulach and Shari Hansen
City Attorney: Tim Kuntz
City Planner: Ryan Krzos
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 called the meeting to order at 7:00 p.m. The Mayor explained that this meeting was being conducted online in order to adhere to the “Shelter in Place” directive from the Governor and to protect staff and residents. He explained that the Council and Planning Commission meetings would be held online until further notice.
The Mayor asked if anyone present had knowledge of any residents in Sunfish Lake that needed assistance of any kind while sheltering in place due to the COVID pandemic and there was no response. He urged everyone to be cognizant of their neighbors’ needs and to reach out and offer assistance during this difficult time.
2. APPROVE AGENDA: Mayor O’Leary asked if there were any additions or corrections to the agenda and there was no response.
Councilmember Hovey moved to adopt the agenda as presented, seconded by Councilmember Wahlstrom 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 noted that in the Public Safety report it showed that snowplow damage to a mailbox was listed under “Vandalism”. He suggested that it was most likely accidental and should be listed as such.
Chief Sturgeon stated he was not aware of the circumstances, however, he stated he would notify staff that it should not be classified as a vandalism in the future.
Mayor O’Leary stated he would review the Forester’s suggestions for the Arbor Day celebration under New/Other Business later on the agenda and asked the Forester to remain online until that discussion.
Chief Sturgeon pointed out that there was only one (1) false alarm last month and that it has been a very quiet time in the City. He advised that he found information on the snowplow damage; he stated it was accidental and that a Dakota County snowplow struct a mailbox on Delaware Avenue.
Councilmember Bulach asked if the police were able to remove the vehicle that was submerged in Horseshoe Lake due to an accident.
Chief Sturgeon responded yes and explained that it was removed the day following the accident and that it took the divers and Dakota County Sheriff’s office approximately 6 hours to remove the vehicle. He explained that no one was severely injured.
Mayor O’Leary noted that Jeannine Nayes had sent him an email praising two (2) young ladies who reside near that accident scene with assisting the driver after the vehicle plunged into the lake. He suggested that he contact them and ask them to attend the May Council meeting so that Council could commend them for their actions.
Council concurred to have the Mayor ask these residents to attend the meeting in order to thank them for their response.
The Mayor asked if there were any further comments or questions and there was no response.
Councilmember Bulach moved approval of the Consent Agenda as presented, seconded by Councilmember Wahlstrom and carried. (5-0)
a. Regular Council Meeting Minutes of March 4 and Special Council Meeting Minutes of March 19, 2020
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. Planner’s Report: Planner Krzos reviewed the following information listed in his report dated March 30, 2020 and explained that the March Planning Commission meeting was cancelled due to the public health concerns associated with the COVID-19 virus.
The Planner stated that Council directed staff to hold off processing the four (4) Ordinance amendments that were in various stages of review until such time as the meetings could be conducted in person versus a teleconference online meeting. The following amendments were being reviewed:
1. Sign Regulations: The Planner explained that the Mayor asked staff to contact the church Pastors to thank them for
their understanding and patience due to the delay
2. Building Height Calculations
3. Application Submittal Requirements
4. Accessory Structure Ordinance – Relating to Keeping of Animals
Planner Krzos explained that once normal meeting proceedings are resumed, staff will bring these amendments forward.
The Planner stated there were two (2) Site Visits:
2 Sunfish Lane – The City Engineer shared preliminary plans at the March meeting for revisions that have now been revised to include only a rebuild of existing stairs and construction of a retaining wall in the area between the shoreline of the lake and the residence. This plan will be reviewed by the Planning Commission at their April 15 meeting and presented to Council in May.
39 Windy Hill Road – This is a vacant, non-conforming lot over 2.5 acres, however, some of the area is not buildable and therefore requires a Conditional Use Permit to develop the site. Staff met with the design representatives for the property owner to discuss submission of the necessary materials; no formal application has been submitted at this time.
Comprehensive Plan 2040 Update – Staff has not had any formal contact with the Met Council, however, their website indicates that “Supplemental Information” was received by the Met Council on March 6, 2020. This appears to be in addition to the materials submitted in February by the former planning firm, Northwest Associated Consultants (NAC), and the City should receive any updated plans that were submitted. The reviews are noted on the website for the Met Council Community Development Committee and the full Met Council and are listed as May 4 and May 12 respectively. Once the Met Council determines that the plan is consistent with the Met Council Policy, the City may then formally adopt the Plan.
Mayor O’Leary asked if the Planner anticipates the plan will be approved by the Met Council in May.
Planner Krzos stated that the plans are usually ready to be approved once they are submitted to the full Met Council.
Mayor O’Leary noted that he has retained the final payment to NAC and asked if he should continue to hold the payment until approval from the Met Council is received.
Council concurred that the Mayor should hold the final payment until the Met Council approval is received.
The Mayor asked if there were any further questions and there was no response.
Council thanked the Planner for his report.
7. ENGINEER’S REPORT: 1. Engineering Activities Undertaken in March: A. Scanning Proposal for Planning Documents: Engineer Sandberg explained that the City Clerk was scheduled to come to the WSB offices to review the planning files that were delivered from the previous planning firm and determine which documents needed to be retained. He stated that due to the COVID-19 restrictions, that did not happen. He advised that the Clerk would not be able to undertake this project until such time as the COVID-19 restrictions are removed. He asked if the cost estimate could wait until this occurs. He commented that he is aware of the fact that Council would need the information to budget for this item.
Mayor O’Leary asked the City Attorney if he could prepare a document that outlines what records the City is required to retain.
Attorney Kuntz explained that he could prepare a memorandum that identifies the Statutes and Records Retention rules that guide what cities are required to retain. He noted that it would not list the records item by item since that is outlined in the State Records Retention rules.
Clerk Iago explained that the City adopted the State of Minnesota Records Retention regulations and that the document lists all records by City departments and that the document lists the documents and the time frame that they must be retained. She further explained that some documents are classified as “permanent”, such as ordinances and resolutions, while others may have a certain number of years for retention and then can be destroyed. She further stated that when documents are destroyed, the City must keep a listing of those and that there is a form that should be filled out prior to destroying the documents. She noted that staff normally handles the retention of records and, in her opinion, it is not necessary for Council or the Planning Commission to take any action other than to consider funding the scanning process.
The Clerk stated she would work with the City Attorney to prepare a memorandum outlining the procedures for Council review at their May meeting.
Attorney Kuntz asked if this matter should still be placed on the April Planning Commission agenda for discussion or held until their May meeting.
Mayor O’Leary explained that he would prefer the Planning Commission be advised of the process and suggested that discussion be held until their May meeting and then placed on the June Council meeting.
B. Annual SWPPP/NPDES Public Hearing: The Engineer stated that due to the pubic meeting restrictions, it was determined that the public hearing should be tentatively postponed until May.
Mayor O’Leary explained that due to the COVID-19 restrictions to “shelter in place” he is doubtful that an in person meeting would be permitted in May. He asked if there was any urgency to conducting this public hearing.
Engineer Sandberg explained that the City is required to hold an annual meeting for this purpose, therefore, conducting the public hearing anytime this year would meet the requirements.
The Mayor suggested that Council reconsider this matter at their May meeting based on the COVID 19 restrictions at that time.
Council concurred.
2. Building and Site Review in the Month of March: A. Two reviews were conducted in March: 39 Windy Hill Road – The Engineer stated this is for a new home on an undeveloped parcel; no formal application has been submitted.
2 Sunfish Lane – Staff reviewed this request for changes to the site.
3. Public Works Activities Undertaken in the Month of March: A. Grieve Glen Street Sign: Engineer Sandberg stated that the street sign on Grieve Glen was knocked down and staff advised the sign would be replaced.
B. Road Restrictions: The Engineer stated that the road restrictions were placed on March 6 and that staff had issued two (2) temporary permits to allow large construction vehicles to access sites.
Councilmember Bulach asked if the Engineer knew when the restrictions would be removed.
Engineer Sandberg explained that they are usually removed the first week in May, however, engineers have been lobbying MnDOT to remove the restrictions sooner.
Shannon Werb and Meg Gehrig, 2165 Charlton Road, stated that they have a large construction dumpster in their driveway and asked if they could obtain a special permit to have it removed.
Engineer Sandberg responded yes and asked that they contact him to issue a special permit.
4. Anticipated Engineering and Public Works Activities for April: A. Staff will hold off on publishing the notice for the SWPP and NPDES public hearing until such time as an in-person public meeting may be held.
B. Staff will begin work on the City’s 2021 Annual Capital Improvement Program (CIP) budget.
C. Staff will continue to monitor local road restrictions and remove them as soon as it is authorized by MnDOT.
Engineer Sandberg advised that he had worked with the City Forester to open the Sunfish Lake outlet and advised that it was only opened half-way due to issues with drainage. He explained that he had talked to residents on Sunfish Lake about opening the outlet only halfway and they did not express any concerns.
The Engineer stated that he also talked to Dakota County regarding cleaning out the ditches on Delaware Avenue.
Councilmember Bulach stated he received two (2) calls from residents on Salem Church Road regarding the condition of the street due to the home construction sites. He asked if the residents had contacted the Engineer.
Engineer Sandberg responded that the residents called him and that he contacted the Building Inspector and asked that he notify the contractors at those sites to clean up the roadway.
Councilmember Hovey stated that Charlton Road looks great and that it is nice to walk the roadway without the potholes or gravel. He explained that he noticed there appears to be settling behind the curbed areas on the roadway and asked if there are plans to fill in the settled soils in those areas.
Engineer Sandberg responded yes and explained that the contractor is still under the warranty period. He stated that he also received a call from a resident regarding the curb on his property that may have to be replaced. He advised that he would forward the information to the contractor so that it will be taken care of as soon as possible.
Engineer Sandberg explained that the snowplow contractor had offered to patch the potholes on Grieve Glen at no cost to the City.
Council asked the Engineer to express their appreciation to the contractor for offering to do this work.
Mayor O’Leary asked if there were any further questions and there was no response.
Council thanked the Engineer for his report.
8. NEW/OTHER BUSINESS: a. Reschedule Public Hearing for Tuesday, May 5, 2020 at 7:00 p.m. to Review the City of Sunfish Lake’s Storm Water Pollution Prevention Program (SWPPP) and the National Pollutant Discharge Elimination System (NPDES): Mayor O’Leary explained that action was taken on this item earlier on the agenda under the Engineer’s report.
b. Discuss Procedure for Purchasing Arbor Day Trees from City Forester: Mayor O’Leary referred to the memorandum from the City Forester dated March 31, 2020 that outlined the potential procedures for conducting the Arbor Day Green Fair event this year. He noted that the other educational and recycling opportunities would be cancelled for this year, however, trees would still be available for purchase.
Forester Nayes stated that trees still need to be planted in Musser Park and that he would schedule times for families to sign-up to plant trees at this location. He further explained that he would offer trees for sale that may be purchased and picked up at this home.
Mayor O’Leary asked if anyone had signed up for the 10:00 a.m. planting and, if not, asked that he and his wife be scheduled for that time slot.
Forester Nayes stated he would reserve that time for the Mayor.
Council concurred that the new procedures outlined by the Forester would be appropriate for Arbor Day.
Councilmember Hovey asked that the Forester send him the information for posting on the website that outlines the event and the signup information.
After a brief discussion, the Forester stated he would prepare the Arbor Day Green Fair newsletter for mailing and then send the information to Councilmember Hovey for posting on the website.
c. Other: Mayor O’Leary displayed an informational flyer that he received from the City of Inver Grove Heights which was sent to their residents. He explained that the flyer asked if anyone needed help with City services. He recommended that Council consider our City sending this type of information to residents.
The Mayor asked if there was any further business and there was no response.
9. ADJOURN: Mayor O’Leary moved to adjourn the meeting at 7:40 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.