SUNFISH LAKE CITY COUNCIL MEETING – JUNE 1, 2021

7:00 P.M. – ONLINE MEETING

Attendants:

Mayor:  Dan O’Leary

Councilmembers:  Mike Hovey, JoAnne Wahlstrom, Steven Bulach 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.

1.   CALL TO ORDER:  Mayor O’Leary called the meeting to order at 7:00 p.m.  

2.  APPROVE AGENDA:  Mayor O’Leary asked if there were any additions or corrections to the agenda and there was no response.  

Councilmember Wahlstrom moved to adopt the agenda as presented, seconded by Councilmember Hovey 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.

Councilmember Hovey noted that the revenues were under budget by $200,000 and asked if that was due to the delay in receiving taxes from Dakota County.

Treasurer Lanoue responded yes and noted that the payment schedule was changed last year due to COVID, however, It appears that the City should receive the funds from Dakota County in July which is the normal schedule for payment.

Police Chief Sturgeon pointed out that the false alarm calls have doubled in number from the same time period last year.

Chief Sturgeon advised that Sunfish Lake needs to update the All-Hazard Mitigation Plan that is compiled by Dakota County and must be adopted by all the cities in the county in order to receive State and/or Federal funding when a natural disaster occurs.  He noted that there are three (3) branches of Emergency Management planning and the cities need to adopt and update the plans in order to participate in receiving funding assistance if a natural disaster occurs. He stated that he would work with staff to determine if the previous listed information was still pertinent or needs to be updated.  He explained that after he meets with staff to update the information, the plan would be sent to the State for approval and then placed on the Council agenda for adoption. He noted that he would meet with the Engineer, Planner, City Forester and City Clerk to review the plan.

Mayor O’Leary asked Clerk Iago to assist the Police Chief with coordinating a meeting with staff to review the plan and she agreed to do so.

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 Hovey and carried. (5-0)

a.   Regular Council Meeting Minutes of May 4, 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:  c.  Planner’s Report:  Planner Ramler-Olson stated he would review his report first and referred Council to the information listed in his June 1, 2021 report.  Staff visited the property at 100 Windy Hill Road for a second time to meet with the applicant and his design team and the owner in preparation of a Major Site Plan review application to construct a new home on the site. He stated that a refined concept plan was presented to staff and Mayor O’Leary.  Staff provided feedback on the draft proposal; no formal application has been submitted at this time.

The Planner explained that staff visited the Johannson property at 1 Sunfish Lane to review the modifications to the approved landscape plan relating to the dock and its use on the site. He noted that staff provided input on appropriate modifications that would meet code regulations and conditions that were attached to its previous approval.

Planner Ramler-Olson stated that the builder at 2 Sunfish Lane had submitted an as-built for staff review and, once the review is completed, staff will conduct a final walk-through to ensure that the project and all site improvements are in place and consistent with materials submitted with the building permit application.

The Planner stated that he visited with representatives from St. Anne’s Church in response to an inquiry regarding a sign on the property that faces Highway 62.  He explained it was a one-hour conversation relating to the City’s sign ordinance and application procedures for temporary sign permits.  He stated that he further explained the parameters of that type of permit, the time limit for a temporary sign and the maximum physical dimensions for such a sign.

Planner Ramler-Olson stated he had been in contact with the builders working on the property at 410 Salem Church Road who expressed their interest in expanding the principal structure to create more garage space. He reviewed the application process and indicated that this may be presented at the July Planning meeting.

The Planner stated he had also received phone calls and assisted other property owners and/or their representatives regarding questions on water pumping permits, home additions, accessory structures and docks.

Planner Ramler-Olson advised that two (2) applications were reviewed by the Planning Commission at their May meeting and the Commission recommended approval of both applications. He asked Council if they wished to have him briefly review the two (2) requests or it they were prepared to take action.  He noted that there was a third application from the property owner at 2 Sunfish Lane for an interim use permit to pump water from Sunfish Lake, however, the application was withdrawn prior to the Planning Commission meeting.

Council concurred that they would prefer to have the Planner briefly review the applications prior to taking action.
 

a.   Consider Resolution Regarding an Application for a Conditional Use Permit to Add a Security Gate at 369 Salem Church Road, Applicant Tim Johnson, Property owners Jim & Sharon Adams: Planner Ramler-Olson referred to his report dated May 25, 2021 and explained that the proposed security gate would be installed at the shared entry driveway to the property at 369 Salem Church Road.  He stated that the property is located in the R-1 Residential Zoning District and the Shoreland Overlay District.  He explained that the site received approval for a Major Site and Building Plan review to construct a new home in 2019 and that the installation of the gate would be a new feature, not part of the previous application.

The Planner stated that security gates are allowed by CUP under Section 1218 of the City Zoning Ordinance and require review by the Planning Commission and approval by Council. He displayed a drawing of the location of the gate and stated it would be 18 ft. in width and attached to two (2) 6-ft tall stone columns on either side.  He advised that the gate would meet the 25 ft. side yard setback and also the 100 ft. setback from Salem Church Road.

Planner Ramler-Olson explained that the entire feature of the gate and columns would be 40 ft in length and would not exceed the 6 ft. height requirement.  He noted that the applicant advised that landscaping would be installed near the structure to match the landscaping approved for the site in 2019 and to soften the look of the feature.

Staff reviewed the application and found that it satisfies all CUP criteria as specified in the City Code and recommends approval of the request based on the Findings of Fact and subject to the conditions as listed in the Planners report dated May 13, 2021.

Mayor O’Leary asked if there were any questions and there was no response.

Councilmember Wahlstrom moved to adopt Resolution No. 21-28 titled, RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO INSTALL A SECURITY GATE AT 369 SALEM CHURCH ROAD, SUNFISH LAKE, DAKOTA COUNTY, MINNESOTA, based on the findings of fact listed in the Planner’s report dated May 13, 2021 and subject to the eight (8) conditions listed in the resolution, seconded by Councilmember Hovey and carried. (5-0)

b.   Consider Resolution Regarding a Major Site & Building Plan Review and Conditional Use Permit to Add an In-ground Swimming Pool at 2158 Charlton Road, Applicant Pat Henry, Prestige Pools, Property Owners Stephen & Jennifer Ettinger:  Planner Ramler-Olson referred to his report dated May 25, 2021 and explained that Pat Henry, Prestige Pools, applied for a Major Site Plan Review and Conditional Use Permit (CUP) to add an in-ground swimming pool on the property located at 2158 Charlton Road on behalf of the property owners Stephen and Jennifer Ettinger. He explained that the property is zoned R-1, single family residential, and is located within the Shoreland Overlay District.  He stated the proposed swimming pool is considered an accessory structure and would disturb about 1,995 sq. ft. of the subject property.  He noted that an accessory structure exceeding 1,000 sq. ft. or more requires approval of a major site and building plan and that the size and location of the pool require a CUP. He noted that swimming pools are identified as a low-profile accessory structure that is limited to an area of 1,000 sq. ft. when placed between the principal structure and the ordinary high-water mark, except by conditional use permit.

The Planner stated the proposed structure would be located south of the principal structure within the lakeside portion of the subject property.  He noted the grade of the location of the proposed pool was previously flattened to accommodate a putting green. He advised the edge of the pool closest to Sunfish Lake is proposed to be 207 ft. from the ordinary high-water level and the total area of improvements that include both the pool and surrounding deck would be approximately 1,995 sq. ft.

Planner Ramler-Olson explained that there would be landscaping installed to the west of the pool to provide screening and to capture water from the pool and deck. He stated there was existing vegetation to the east and on the lake side that would screen the pool from adjacent properties.

The Planner stated that the City Engineer had reviewed the application and found that the proposed improvements comply with requirements relating to stormwater management and site grading.

Planner Ramler-Olson explained that the lakeside setback at 207 ft. meets the required 200 ft. setback from the ordinary high-water mark and also the side yard setback requirement of 25 ft.  The application meets all Conditional Use Permit and Major Site and Building Plan criteria as required in the City Code.

Staff recommended approval of the Major Site Plan review and Conditional Use Permit based on the Findings of Fact and subject to the eleven (11) conditions as listed in proposed resolution.

Councilmember Hovey asked what type of water would be used in the pool and if there would be any impact on the lake when the pool is drained. He commented that there had been issues related to salt-water pools in the past.

Pat Henry, Prestige Pools, explained that it is not a salt-water pool, that filters are used and that the water is not drained from the pool so there are no backwash issues.

Mayor O’Leary asked if the pool is ever drained.

Mr. Henry stated that the retractable cover is always kept on and operating and therefore the pool is never drained.

The Mayor asked if there were any further questions and there was no response.

Councilmember Bulach moved to adopt resolution No. 21-29 titled, RESOLUTION APPROVING A MAJOR SITE AND BUILDING PLAN REVIEW AND CONDITIONAL USE PERMIT TO CONSTRUCT A SWIMMING POOL AND POOL DECK AT 2158 CHARLTON ROAD, SUNFISH LAKE, DAKOTA COUNTY, MINNESOTA, based on the findings of fact listed in the Planner’s report dated May 13, 2021 and subject to the eleven (11) conditions as listed in the resolution, seconded by Councilmember Hovey and carried. (5-0)

Council thanked the Planner for his report.

7.  ENGINEER’S REPORT:  1. Engineering Activities Undertaken in May:     A. 2021 Capital Improvement Projects:  The Engineer stated that the Ads-For-Bids for the four (4) street improvement projects were published twice and that the bid opening would be held on June 15 and presented to Council at their July 6, 2021 meeting. 

B.  Dakota County 2040 Traffic Analysis:  Staff participated in a virtual meeting with Dakota County and MNDOT and other cities to develop a Request for Proposals (RFP) to hire a consultant to review current and projected traffic levels through 2040 and to make recommendations to update the traffic analysis for 2040.

C. City Lake Pumping: Water was not flowing from any of the city lakes; therefore, no lake pumping was permitted in May.

2.  Building and Site review in the Month of May:  A. Staff conducted reviews for the following properties in May:

- 1 Sunfish Lane: Slope stabilization request.  Engineer Sandberg referred to his memorandum dated May 26, 2021 and explained that staff had met with the property owner a number of times to review his proposal for slope restoration of his property adjacent to Sunfish Lake.  He advised that the property owner developed a plan that incorporates natural stone intermittently placed along the slope for soil retainage and that the disturbed areas would be restored with native plants and grasses.  He noted that the property owner also wants to remove invasive species plantings on the slopes and plans to restore those areas with a native low-maintenance fescue grass.  He noted that no formal action from Council is required, however, staff wanted the Council to be aware of the matter since removal of invasive species along the lake shore had created issues in the past. 

The Engineer explained that the property owner agreed to adhere to erosion control requirements for silt fencing and silt curtain installation in areas where grading would occur.  The property owner also agreed to not use a bobcat for grading in certain areas and that woodchips would be placed around trees for protection. 

- 2 Sunfish Lane:  Staff corresponded with the homeowner’s representative regarding the pending application for water pumping for irrigation. The applicant elected to rescind their application for 2021.

- 2 Sunfish Lane:  Staff reviewed the As-Built survey to ensure the improvements were installed per the approved plans. A final site visit is pending at this time.

- 100 Windy Hill Road:  Staff participated in a site meeting with the applicants, their consultants and Mayor O’Leary to review staked areas of grading and options to move grading further from the lake.

Mayor O’Leary stated that the Engineer reviewed the property owner’s plans for the new home construction and pointed out areas where problems may arise. He explained the City Engineer advised the property owners that it would be beneficial to seek professional help when planning for construction on the site. He noted that the property owners have now hired an engineer and are working closely with their engineer and the City Engineer to come up with a plan that works best for the site.

Engineer Sandberg expressed his pleasure that the property owners took his advice and that their representatives are now working with staff on the upcoming application.

- 2150 Charlton Road:  Staff approved the As-Builts for this property.

3.    Public Works Activities Undertaken in the Month of May:  A.  City Streets were originally scheduled for sweeping the week of May 17, however, the work was completed last Friday, May 28.

B.  A quote of $500 was received for cleaning two (2) catch basins on Charlton Road. The Engineer explained that the City is responsible for cleaning the catch basins as part of an agreement with the adjacent property owner and that the quote amount is the same as what was paid for the cleaning last year.

Councilmember Hovey asked where the catch basins were located.

Engineer Sandberg stated they are near the curve at the north end of the road and they collect stormwater from the street and sediment drops into the catch basins to prevent it from entering the wetlands across the street.
Councilmember Hovey asked if there was any increase in the sediment in the catch basin after the street and outlet improvements were completed.

The Engineer responded that there is a dramatic decrease in the sediment after the improvements were completed and that they now require substantially less maintenance than in the past.

Mayor O’Leary commended the City Engineer on behalf of the Council for all the work he has done with the potential applicants to ensure that projects meet code regulations. He further commended other staff members for their efforts to assist residents with the application process and to help them meet city code regulations.

4.   Anticipated Engineering and Public Works Activities for June:   A.  The bid opening for the four (4) 2021 Street Improvement Projects will be held on June 15 and the results will be presented to Council at their July 6, 2021 meeting.  

Council thanked the Engineer for his report.

8.  NEW/OTHER BUSINESS:  a. Consider Appointment of Dan Halverson as Representative and Patti O’Leary as Alternate Representative to the Lower Mississippi River Watershed Management Organization (LMRWMO):  Mayor O’Leary advised that his wife Patti had agreed to serve as the City representative to the LMRWMO on a interim basis until she could find a replacement. He stated that Dan Halvorsen had agreed to serve in this position and has had a long interest in water conservation. He stated that he recommends Dr. Halverson be appointed as the City’s representative to the LMRWMO and that Patti O’Leary be appointed as the alternate until such time as she can find a replacement.

Mayor O’Leary asked if there were any questions and there was no response.

Maor O’Leary moved to appoint Dan Halverson as the City of Sunfish Lake representative and Patti O’Leary as the alternate representative to service on the Lower Mississippi River Watershed Management Organization (LMRWMO), seconded by Councilmember Hansen and carried. (5-0)

Mayor O’Leary asked Clerk Iago to send a copy of the minutes relating to these appointments to Joe Barton at Dakota County and the Clerk responded yes.

b. Discussion of Lake Pumping Permit Process: Mayor O’Leary explained that lake water pumping has been an issue that has recently been discussed by Council and lake residents with much ardor. He commented that while Sunfish Lake had been considered a private lake due to the fact there is no pubic access, the City has learned that all lakes in Minnesota are public lakes and subject to the DNR rules and regulations as well as the City regulations in which they are located. 

The Mayor reviewed the history of the water use ordinance that was adopted in 1989 and later amended.  He noted that the City received information that pumping excess water from the lake for lawn irrigation purposes helps protect the aquifers.  He further noted that the City’s main concern would be to protect the lakes so that there is not a situation similar to that which occurred on White Bear Lake, where excess water pumping caused severe harm to the lake.

Mayor O’Leary noted that the City Engineer determined the safest way to protect the lakes would be to only allow pumping when water was flowing from the various lake outlets.  He advised that the City Engineer informed the Council that due to the efficiency of the new outlet on Sunfish Lake, there would be far less occasions when lake pumping for irrigation purposes would be allowed.  He stated that the City Engineer further noted that there are predictions that following an historically “wet” decade, predictions are that the next decade would be a “drought” decade with less opportunities for pumping from the lakes for irrigation purposes.

The Mayor pointed out that a property owner who recently constructed a new home on Sunfish Lake had withdrawn his application for an interim water pumping permit.  He further noted that the City Forester compiled a list of residents on the lakes that currently had lake water pumping systems for irrigation purposes and that only two (2) of the ten (10) found had permits from years ago.  He advised that letters were sent to all of those residents indicating that they were required to have permits pursuant to Ordinance 1107 and requesting that they make application for the permit.

Mayor O’Leary stated that the application for an Interim Use Permit to pump water from the lake involves staff time and review by the Planning Commission and Council. He noted the interim use permit fee is $800 and one resident he talked to commented that it made no sense to pay $800 for a permit that they may not be able to use. However, he advised that the current ordinance specifically states that the pumping device whether it is “active or inactive” cannot remain in any body of water unless a water use permit has been issued and is in effect. Therefore, any of the past residents who had lake water pumps installed would be required to remove the device from the lake unless they make application and are issued a permit.  

Mayor O’Leary explained that he contacted the City Treasurer and found that the City has sufficient reserve to waive the permit fee of $800 to obtain the water use permit and that he recommends Council consider waiving the fee since residents with water pumps may not be able to use the pumps this year or in the next decade.  He further recommended that Council consider amending Ordinance 1107 by deleting Section 1107.03, which requires an interim use permit process, and insert language that allows issuing the permit through an “administrative” permit procedure that could be handled by City staff. He noted that staff had already compiled preliminary conditions of approval and may refine them as the City goes through this process.  He referred to several conditions that were previously discussed and that are listed in a hand-out he could send to Council.  He noted that the City Engineer suggested including a condition that the pump include a visible above-ground light that would indicate when the pump is operating in order to allow ease in monitoring pumping activity.

The Mayor noted that the cost of the “administrative” permit would be $300, as listed n the City fee schedule, with an escrow of $200 for a total fee of $500 for the interim water use permit. He stated that staff recommended the annual permit renewal be accomplished by the permit holder sending a letter advising that there had been no change to their system, therefore, there would be no fee associated with the renewal. However, if there is any change to the system, other than component parts replacement, the permit holder would be required to apply for a new permit and pay the $500 fee.

Mayor O’Leary stated that if Council concurs with these changes, he would recommend sending a letter to the property owners who currently have a pumping system and attach a copy of the current Ordinance 1107 with the proposed changes to Section 3 as discussed and advised that they have to apply for the permit or remove the pumping device from the lake. 

The Mayor asked the City Attorney if a 30-day deadline from the date of the letter is an acceptable time limit for submitting an application or removing the device. He further asked that if the property owner fails to apply within the 30-day time period, would it be reasonable to send another letter stating that unless they comply within 15 days, a misdemeanor citation would be issued stating they are in violation of the ordinance.

Attorney Kuntz stated that a 30-day deadline and that the 15-day deadline would both be reasonable amounts of time for compliance.

Mayor O’Leary stated that because it appears this matter has been overlooked in the past, he recommends an addendum sheet be added to all future Building Applications.  Residents would have to sign the addendum, which states that they agree to the terms and conditions and that a violation of the conditions could lead to a misdemeanor citation being issued. He stated that this would lessen the chance of a mistake in the future.  He stated he would send the document with these items listed to Council and asked if there were any comments or questions from Council.

Councilmember Hansen thanked the mayor for his thorough overview and research on this matter.

Councilmembers stated they concur with the mayor’s recommendations.

The Mayor advised he would send a copy of the document with this information to Council for their future reference.

Clerk Iago stated a copy of this information would be attached to the minutes for future reference.

The Mayor asked if there were any further questions or comments and there was no response.

Mayor O’Leary moved to direct staff to work with the City Attorney to draft an ordinance amendment to Section 1007.03 relating to issuance of an administrative process for permitting lake water pumping for irrigation purposes which includes, but is not limited to, the conditions as listed below:

i.  Pumping shall not occur when water is not flowing through the lake outlet (meaning the lake is below the Ordinary High-Water Level (OHWL) set by the DNR.

ii. The permit holder will be responsible for ensuring water is flowing through the lake outlet prior to utilizing their Lake water pump system.

iii. The pump will include a visible above-ground light, approved by the city engineer, that will indicate when the pump is operating.

iv.  The irrigation system will have an operational water sensor that indicates when soil conditions are optimal for irrigating.

v.  City Staff will be permitted unannounced access to the property to inspect the system for compliance.

vi.  Applicant understands that the permit must be renewed on an annual basis.

seconded by Councilmember Wahlstrom and carried. (5-0)

Mayor O’Leary noted that Attorney Kuntz advised the current ordinance remains in effect until the new one is adopted, therefore residents making application would have pay the $800 fee.  He asked if Council would concur with waiving the $800 fee for the lakeshore owners who apply for pumping permits.  Council concurred.

Mayor O’Leary moved to authorize staff to waive the $800 Interim Use Permit fee for lakeshore property owners who have an existing pump in the water with or without a permit, seconded by Councilmember Hovey and carried. (5-0)

Teresa Lamey, 55 Windy Hill Road, commented that the “elephant in the room” appears to be people who move to the community with expectations that they would be able to use the lake for landscaping irrigation. She pointed out that Sunfish Lake has a finite water source and no one talked about the fact that without Sunfish Lake there would be no community and property values would decrease.

Mayor O’Leary noted that the proposed ordinance language was carefully crafted so there can be no harm to the lake by setting the standard for pumping to occur only when there is excess water flowing from the lake. He stated that Council also wants to protect the aquifers. He commented that prior to the new outlet being installed many residents contacted the city about how trees were dying because the water was too high, which should not happen with the new outlet.

Councilmember Bulach pointed out that the city can control the lake water flow with the new outlet. He asked the City Engineer if he foresees any resident being able to pump from the lake in the future.

Engineer Sandberg explained that when there was a large rain event in the past it would take months for the water to drain out from the old outlet, however, with the new outlet the excess water would be gone within one or two days.

Mayor O’Leary pointed out that the proposed ordinance language provides full disclosure so future residents will be aware of the pumping regulations when they make application for building in the city.

c. 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 8:10 p.m.

____________________________                                 ________________________________

Catherine Iago, City Clerk                                                  Dan O’Leary, Mayor