SUNFISH LAKE CITY COUNCIL MEETING JUNE 2, 2020
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: 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.
Councilmember Steven Bulach was absent.
1. CALL TO ORDER: Mayor O’Leary called the meeting to order at 7:00 p.m.
Clerk Iago asked the Mayor to announce how the meeting would be conducted if there was a power outage due to the thunderstorm.
Mayor O’Leary advised that those in attendance could call-in to the meeting at 312-626-6799 if a power outage occurs.
2. APPROVE AGENDA: Mayor O’Leary asked if there were any additions or corrections to the agenda and asked the Clerk to add the item regarding adoption of a resolution authorizing the Police Chief to declare a curfew in Sunfish Lake if necessary.
Attorney Kuntz explained that he had sent an email earlier in the day to Council which explained that there would be no curfew on Tuesday night in West St. Paul, Mendota Heights, South St. Paul and Inver Grove Heights and no curfew has been imposed for Tuesday night by the County of Dakota. All curfews in those particular communities have expired and there does not appear to be an intent to reinstate them. The only city in Dakota County that has a curfew is Eagan. With respect to the listed cities, the Declarations of Emergency are being allowed to expire.
The Attorney explained that in light of the expirations of the curfews and the expiration of the Emergency Declarations, there does not appear to be a need for the City of Sunfish Lake to invoke the emergency powers to establish a curfew. He noted that if the situation changes and a need for a curfew arises, the Mayor is able to make a Declaration of Emergency and impose a curfew for up to three days (which can be extended by the Council). He advised that he could draft a Mayor Emergency Declaration that the Mayor could sign in the future in case the situation does in fact change. In such an instance, he stated he presumed that the cities surrounding Sunfish Lake would also invoke emergency powers.
Attorney Kuntz stated that at this point in time, however, the consensus appears to be that curfew restrictions in the northern Dakota County communities are not necessary.
Chief Sturgeon explained that the City of West St. Paul had met to pass a State of Emergency Declaration resolution which allows the Police Chief to impose curfew and order other preparedness procedures. He stated that last night he issued a curfew for West St. Paul and he also responded to calls from a few Sunfish Lake residents advising them of the curfew. However, he advised the Sunfish Lake residents that he does not have the authority to impose a curfew in Sunfish Lake unless Council grants him the authority.
Mayor O’Leary asked if Council wished to continue discussion of this item at this time and Council agreed to do so.
Attorney Kuntz explained that based on the fact that surrounding communities have not issued a curfew, it was not necessary at this time to adopt a resolution authorizing the Police Chief to do so. He explained that the document he would prepare would authorize the Mayor to impose a curfew if necessary.
Mayor O’Leary explained that he saw a notice at the Cub Foods store in West St. Paul advising of a curfew and thought that it was still in place this evening. He asked Councilmember Hovey how many residents had signed up for email notices and how the
residents could be notified if they had not submitted their email address.
Councilmember Hovey stated that only 72 residents had signed up to receive email notices from the City.
Police Chief Sturgeon explained that West St. Paul uses social media accounts and posts notices on their City website to advise residents of the curfew. He commented that Sunfish Lake could also use their website for posting notices of curfew. He pointed out that although a curfew is issued, the police department would not necessarily arrest residents out after curfew unless there are other malfeasance issues or concerns with large gatherings that could create problems.
Mayor O’Leary asked if Council would agree to allow the Mayor to issue an Emergency Declaration and impose a curfew if West St. Paul and other neighboring cities do so.
Council concurred to grant the Mayor the authority to impose a curfew if necessary.
Mayor O’Leary asked if this would also apply to the Acting Mayor if he was out-of-town and the City Attorney responded yes.
Attorney Kuntz asked if Council agrees that the converse would also apply; if West St. Paul does not impose a curfew, then Sunfish Lake would not impose a curfew. He pointed out that the only exception he could foresee for Sunfish Lake to impose a curfew when other cities did not would be if the rioting became focused in residential areas rather than business areas.
Council agreed that the converse would also apply.
Mayor O’Leary asked if Chief Sturgeon would be opposed to Sunfish Lake issuing a curfew if West St. Paul did not; the Chief responded that he would have no problem with Sunfish Lake imposing their own curfew if it was deemed necessary.
Council directed the City Attorney to prepare an Emergency Declaration authorizing the Mayor to declare curfew in Sunfish Lake to be used in the event it is necessary for the Mayor to declare a curfew.
The Mayor asked if there were any items to be added to the agenda and there was no response.
Councilmember Wahlstrom 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.
The Mayor explained that he forgot to thank Forester Nayes for the wonderful Arbor Day events that took place and for his innovative methods and preparedness in conducting the event in the midst of the pandemic.
The Mayor noted that there were two capital project accounts in the financial statements and that both had amounts expensed for 2020, but no budgeted amounts. The Treasurer replied that these expenses had been incurred in 2019 for the Charlton Road project but were not paid until 2020. She stated this is due to the fact that we are a cash basis city and the expenses are incurred when paid. She stated she would combine the two accounts into one.
The Mayor noted the Planning costs were over budget and asked Planner Krzos if these costs would balance by the end of the year to remain within the budgeted amount.
Planner Krzos responded yes.
Mayor O’Leary stated that on behalf of staff and all the residents of Sunfish Lake he wished to extend his deep gratitude to Chief Sturgeon for the exemplary and honorable service he and his officers provided during this difficult time. He noted that the Chief’s decisions kept property damage and looting in West St. Paul to a minimum by utilizing another 160 police officers from other communities along with the Dakota County Task Force and 70 officers from South St. Paul. He stated that the actions of the Chief allowed West St. Paul and Sunfish Lake residents to feel safe and commended the police for an excellent job.
Chief Sturgeon explained that his officers and the Dakota County officers that assisted with the calls should be commended and that they were all dedicated individuals that worked long hours.
The Mayor noted that there were no false alarms calls in April and the number to date was the same as the same time period last year. He commented that residents need to work hard to keep the numbers low.
Mayor O’Leary referred to the police call listed on the Public Safety Report regarding an elderly male with Alzheimer’s that was wandering on the road; he asked the Police Chief where this took place so that residents could assist if this happens in the future.
Chief Sturgeon explained it occurred on Charlton Road and the gentleman was taken to the hospital. He stated that this month had been fairly quiet in Sunfish Lake and that the inoperable vehicle issue at the residence on Delaware Avenue was resolved.
The Mayor asked if there were any further comments or questions and there was no response.
Councilmember Hovey moved approval of the Consent Agenda as presented, seconded by Councilmember Wahlstrom and carried. (4-0)
a. Regular Council Meeting Minutes of May 5, 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 referred to his report dated May 27, 2020 and advised that the May Planning Commission was cancelled due to lack of agenda items.
The Planner stated that staff reviewed an additional set of updated plans for a Major Site and Building Plan review and Conditional Use Permit (CUP) for property located at 39 Windy Hill Road. He advised that the CUP was due to a non-conforming existing lot of record. He advised that the updated submittal was deemed complete and would be reviewed at the June Planning meeting.
Planner Krzos stated that staff approved three (3) Minor Site and Building Plan applications for the following projects:
1) Replacement of a fence, pool deck and pool liner at 5 Windy Hill Court; 2) a new egress window at 6 Sunfish Lane; and, 3) replacement of an existing dock and deck at 1 Sunfish Lane.
The Planner noted that staff met with the owner at 8 Sunfish Lane regarding zoning and building application requirements for accessory structures. He explained that the property owner was unaware of the permitting required and began construction of an accessory structure on the property. He was advised that due to the location of the structure in the front setback area, the project can only move forward with the issuance of a CUP and the property owner is working to develop a complete application for submission and review at a future meeting.
Council thanked the Planner for his report.
7. ENGINEER’S REPORT: 1. Engineering Activities Undertaken in May: A. 494 Construction Update: Staff participated in a conference call with MnDOT in early May to discuss the proposed improvements on I-494 and associated road closures. The work has now been completed.
B. Construction Site Erosion Inspection: Certified WSB staff conducted erosion control inspections on the open building permits in the City after two (2) large storm events. Staff found that all projects are now in compliance.
C. Outline of Coordination between City Staff on Approvals, Inspections: Engineer Sandberg stated he had been working with the Planner and Building Inspector to prepare the draft, Attachment 1C in his report, that outlines the communication/coordination process for development applications. He stated that staff will continue to work together to refine and implement these items and he asked for input or comments from Council regarding the draft. He suggested that Council could email comments or suggestions to staff at any time. He stated that staff is confident with the draft policy and is open for suggestions to improve the process.
Mayor O’Leary asked if this policy relates to Item 8.B. listed on the agenda under New/Other Business and the Engineer responded yes.
The Mayor asked the Building Inspector if he has confidence this addresses his concerns.
Inspector Andrejka stated that in his opinion this is a good start and that there may be some “wiggle room” to improve; he stated that he has now made a checklist that outlines his responsibilities based on the draft policy.
The Mayor asked the City Forester if he approved of the draft policy and the Forester responded yes.
Mayor O’Leary agreed that in his opinion it is a good beginning and that it appears to be a work in progress that could be updated if an issue arises. He agreed that it is good for staff to have a checklist of their responsibilities and to keep communication with residents and applicants open.
Engineer Sandberg agreed and stated it would be a living document that may be refined as deemed necessary.
D. Backyard Drainage Issues Following 3.5” Rain Event: Staff met with a resident to address their concerns regarding backyard flooding following a significant rainfall event; all concerns were addressed during the meeting.
2. A. Building and Site review in the Month of May: Staff conducted two site reviews in May: 1) Review for property at 39 Windy Hill Road for a new home on an undeveloped parcel; this application is expected to be on the June Planning Commission agenda; and, 2) Review of proposed grading and stormwater management changes to the property at 1 Sunfish Lane that was previously approved by the City. A formal application has not yet been submitted.
3. Public Works Activities Undertaken in the Month of May: A. Street Sweeping: All City streets were swept in May.
B. Illegal Parking/Placement of Material on Charlton Road: Staff was alerted to illegal parking and placement of material on Charlton Road. He advised that West St. Paul Police were contacted and requested to increase patrols on the road.
Mayor O’Leary stated he received a call from a landscape vendor who was upset that there was no parking on Charlton Road. The Mayor stated that he explained the rationale for the No Parking restriction due to the reduced width of the road and the fact that it must be clear for emergency vehicle access. He explained that the vendor thanked him for the explanation and stated he would advise his crew so this does not occur in the future. The Mayor asked if there were signs posted on the road.
Engineer Sandberg responded that there are No Parking signs posted on the road.
Councilmember Hovey stated that the signs are good, but the landscaping vehicles still park along the south end of the roadway.
The Mayor asked the Police Chief if he would ask his officers to explain to the vendors why the road is posted No Parking.
He noted that the vendor who called him stated that a female officer had given them a warning and that she was very professional.
Chief Sturgeon advised that was Officer Niccole Murphy who is assigned to patrol Sunfish Lake and he stated she did warn numerous landscaping vendors of the No Parking restriction.
C. Inadvertent traffic on Salem Church Road: Staff was advised that there are issues with vehicles mistaking Salem Church Road with the entrance ramp to I-494. Engineer Sandberg stated that in discussion with MnDOT it was suggested that signage be placed on South Robert Street to notify traffic and MnDOT agreed to install signs to direct traffic. He explained that he also discussed placing “cautionary” signs, however, Mn DOT did not agree that it would be proper to use that type of sign. MnDOT submitted a proposed sign for City staff to review.
Mayor O’Leary stated he would prefer a brighter colored sign as in his opinion an orange colored sign appears to stand out to drivers. He also asked if the sign could be larger. He noted that residents know that Salem Church Road is not the ramp to the interstate, but other drivers may not be aware that Salem Church Road is a city road.
D. Final Warranty Items on Charlton Road Project: Staff met with the contractor on a few final warranty items to complete on the project. The Engineer stated these items should be address and completed prior to the next meeting.
4. Anticipated Engineering and Public Works Activities for June: A. A draft of the Engineer’s 2021 Budget was attached to the Engineer’s report. Staff will continue to refine the City’s 2021 Annual Capital Improvement Program (CIP) budget fore review at a future Council meeting.
Mayor O’Leary asked if there were any questions or comments and there was no response. He commented that in his opinion it was wise that the Council agreed to hire the Planning and Engineering consultant from the same business establishment to maintain continuity with projects.
Council thanked the Engineer for his report.
8. NEW/OTHER BUSINESS: a. Consider Resolution Ratifying and Consenting to the Proclamation and Extending the Period of the Emergency Declaration: Mayor O’Leary explained that the current meeting room at St. Anne’s Church was small and due to the pandemic only 10 people are allowed to meet in the church at one time. He also explained that the credit union on Robert Street advised that they are prohibiting the use of their community room until September due to safety concerns. Based on the lack of meeting space, the Mayor stated he asked the City Attorney what could be done to extend the emergency declaration allowing the City to meeting via telephone or other electronic means since the initial declaration expires on June 5, 2020. He asked the City Attorney to review his report dated May 15, 2020.
Attorney Kuntz stated that on March 19, 2020 the Council met to declare a peacetime emergency due to the COVID-19 pandemic as declared by Governor Walz on March 13, 2020. He explained that it appears the Governor may continue to extend the peacetime emergency due to COVI-19 and, therefore, the Council may continue to meet via telephone or other electronic means pursuant to Minn. Statute 13.021 provided that a local emergency or health pandemic exists which make it neither prudent or practical for meetings to be held in person. He stated that Council may extend the emergency declaration for the rest of year or until Council determines the emergency no longer exists.
The Attorney noted that because large groups are prohibited from meeting, this resolution would take advantage of the Statute and sets the course for Council to continue meeting electronically until such time as the Mayor declares it is no longer practical or the emergency no longer exists.
Attorney Kuntz noted that the Statute requires the presiding officer, Chair of the Planning Commission, to concur with the resolution. He asked Chair Tom Hendrickson, who was viewing the meeting online, if he concurred with the resolution and Chair Hendrickson responded yes.
The Attorney explained that since this is a long-term proposition, it would be wise for Council to consider requesting the Planner to continue publishing the notices with the meeting ID information for the Council and Planning Commission meetings at least two (2) Sundays prior to the meeting dates. He explained that even though it is more costly, the City does not have the capability to reach the residents through email or social media and the publication would be one method to advise residents of the dates. He noted that the information should also be placed on the City website and posted at St. Anne’s Church.
Mayor O’Leary asked the Clerk when the next City newsletter would be published and Clerk Iago stated it should be sent out in July.
Attorney Kuntz suggested an article should also be placed in the newsletter referring residents to how they may find the meeting and sign-in information.
The Mayor asked if there were any further questions and there was no response.
Councilmember Hovey moved to adopt Resolution No. 20-08 titled, RESOLUTION EXTENDING EXISTING DECLARATION OF LOCAL EMERGENCY, seconded by Councilmember Wahlstrom and carried. (4-0)
Mayor O’Leary stated that it is his opinion that the City has an obligation to notify residents of the electronic meetings and that it is worth the costs associated with publication of the notices. Councilmember Hansen agreed and commented that it would also provide a good reason for residents to register to receive updates from the City website.
The Mayor asked the Clerk to place an article in the City newsletter to advise residents that the online meetings would continue and could last at least through the end of the year. He suggested that the article also advise residents to check the Sunday Pioneer Press newspaper for the notices regarding Council and Planning meeting dates and times.
Clerk Iago asked if the Planner would be responsible le for publishing the notices and the Mayor responded yes.
b. Consider Proposed Procedures Relating to Site Visits and Inspections for Planning Applications: The Mayor noted that this item was discussed under the Engineer’s report earlier in the meeting.
c. Other: Mayor O’Leary asked if there was any further business and there was no response.
9. ADJOURN: Mayor O’Leary adjourned the meeting at 8:00 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.