SUNFISH LAKE CITY COUNCIL MEETING, MAY 5, 2020

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: Hannah Rybak

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.  He asked if anyone was aware of any resident in Sunfish Lake who needed assistance during the “stay at home” order and there was no response.

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 Bulach 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.

Mayor O’Leary referred to the summary of calls under Vandalism in the Public Safety Report dated May 4, 2020 and asked the Police Chief if any mail was taken from the mailboxes with broken locks and where the incident occurred.

Chief Sturgeon responded that it was unknow at this time if any mail was taken from the mailboxes and that the incident occurred on Charlton Road.  He explained that he would research the matter and report to Council at the June meeting.

Mayor O’Leary explained that it could be the perception that the incident relates to the theft of the government Stimulus Checks and asked the Chief if the City should put information on the City website.

Chief Sturgeon stated he would prepare information for posting on the website. He further explained that three (3) persons were arrested for mailbox theft in West St. Paul and information was placed on the West St. Paul City website and on their social media.

The Mayor noted that it appears that there is a reduction in the number of “false alarm” calls and asked why the month of April was not listed on the report.

Chief Sturgeon explained that the calculations for the report are usually two weeks behind due to the fact that Sunfish Lake only has one meeting per month.  He offered to review the most recent calls and to let Council know if he found anything of concern.

Mayor O’Leary asked the City Forester to provide a brief report on the Arbor Day celebration.

Forester Nayes explained that five families, including the Mayor and his wife, scheduled time to plant trees in Musser Park.  He advised that twenty-six (26) trees were planted in the park and that the families appeared to enjoy the event.  He stated that his wife, Jeannine, made masks for all participants.

Jeannine Nayes explained that she had made additional masks and that if anyone needs one, they should contact her.

The Mayor asked if there were any questions or comments.

Building Inspector Andrejka stated that this was the busiest month since he started working for the City.  He noted that there are seven (7) large projects at this time; construction of five (5) new homes and two (2) home additions.  He explained that he performed one final inspection last week, however, he asked that Council and staff discuss how to formalize procedures for closing the large projects.  He noted that most of the final inspections would likely occur in July and that staff would have to coordinate the site visit to ensure that all conditions have been met prior to issuance of a Certificate of Occupancy.  He noted that Planner Krzos would be unavailable for the next few weeks and asked if he should work with the interim Planner.

Mayor O’Leary explained that part of the rationale for hiring the planner from the same firm as the engineer was to assist with coordination of staff efforts when reviewing planning applications and coordinating site visits and inspections.  He suggested that the interim Planner, City Engineer, Forester and Building Inspector attempt to coordinate a proposed procedural plan for reviewing and scheduling site visits for final inspections prior to issuing the Certificate of Occupancy so that nothing “falls through the cracks”.

Inspector Andrejka stated he would contact the City Engineer to discuss the matter.  He noted that retaining walls were already constructed at 1 Sunfish Lane and that he was unable to inspect them; he asked if the City Engineer had done an inspection of the retaining walls.

Engineer Sandberg explained that to his knowledge the only inspector that goes to the site for engineering purposes is to inspect erosion control measures until such time as the final inspection is scheduled.  He suggested that if the Building Inspector observes items that need review, he should contact staff.

Inspector Andrejka stated he was unsure how to determine if the grading is done properly and that he is not used to reviewing installation of retaining walls on such a large scale.  He stated he would contact the City Engineer if he had any questions or concerns. He further noted that the large remodeling projects should be included in the final review procedures.

Mayor O’Leary stated he would be more comfortable having engineering staff review the retaining wall installations and suggested that this should be discussed during review of the application and at the initial site visit.

Engineer Sandberg stated he would work with staff to formalize a plan for placement on the June Council agenda.

The Mayor asked the Clerk to place the discussion of staff’s plan for coordinating final site visits and necessary inspections prior to closing planning applications on the June agenda.

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

Councilmember Hansen moved approval of the Consent Agenda as presented, seconded by Councilmember Hovey and carried. (5-0)

a.   Regular Council Meeting Minutes of April 7, 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.

 

Shannon Werb and Meg Gehrig, 2165 Charlton Road, were present.  Mr. Werb explained that he planned to have his driveway refinished and that he would be unable to use the driveway for a few days.  He asked if the City would issue a permit for parking on the road for a few days or if there were any suggestions on where he would be able to park during this time.

Mayor O’Leary explained that the City had discussed the parking situation and determined that the entire street should be posted no parking due to the narrowness of the roadway.  He suggested the possibility of parking on the grass.

 

Mr. Werb explained that there would be room for one vehicle to park on the easement area next to the street.

Councilmember Bulach suggested possibly parking on the concrete apron next to the street as long as an emergency vehicle would be able to pass on the roadway.

After a brief discussion, the City Attorney and the Police Chief agreed that the vehicles could be parked on the grass or the easement as long as emergency vehicle access was not blocked.

Councilmember Hovey noted that the large lawn maintenance trucks and trailers are still parking on the road and asked if the Police Department could patrol the road and issue violations.

Mayor O’Leary asked Chief Sturgeon to patrol the road and issue a warning for first time violations and keep a list of offenders so that a ticket could be issued in the future.

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

5.  PRESENTATIONS:  Commendations for Residents Eleanor and Annie Oakman and James Stowell.  Mayor O’Leary welcomed residents Eleanor and Annie Oakman and their parents, Liz and John Oakman, and resident James Stowell. 

The Mayor stated that he had invited the Oakman girls to attend the virtual meeting and read the commendation he had prepared noting their courageous actions to assist a female motorist who had lost control of her vehicle and plunged into Horseshoe Lake near their home.  Both girls assisted the woman to their home to ensure her safety while waiting for the police to arrive.  He also thanked their parents for their assistance.

The Mayor stated that Eleanor attends Inver Grove Community College and plans to become a social worker and that Annie attends Minnehaha Academy.  He commented that the “apple does not fall far from the tree” and that their parents should be very proud of both girls and that the Council and staff are very proud of their entire family.

Eleanor and Annie Oakman thanked the Council for inviting them to receive this special commendation and expressed their gratefulness that they were able to assist this person. 

John and Liz Oakman also thanked Council for their recognition of their daughters and stated they are very proud of both girls.

Mayor O’Leary further commended James Stowell who was “Sainted” in the St. Paul Pioneer Press newspaper by resident Bruce Lick for his efforts to clean up a substantial amount debris along Salem Church Road.  He noted that Mr. Stowell also serves as the City’s alternate representative to the Lower Mississippi River Watershed Management Organization (LMRWMO) and monitor’s Sunfish Lake’s water cleanliness as part of the City’s Citizen’s Assisted Monitoring Program (CAMP).  He expressed thanks on behalf of the Council, staff and residents for all of Jim’s efforts.

James Stowell thanked the Council and staff for this recognition and also for everything they do to make the City a wonderful place to live. 

6.  PLANNING COMMISSION/PLANNER’S REPORT:  a.  Consider Resolution Approving an Amendment to a Major Site and Building Plan for Property located at 2 Sunfish Lane, Applicant Tim Johnson:   Interim Planner Rybak referred to her report dated April 29, 2020 and stated that at their April 15 meeting the Planning Commission reviewed the request for a Major Site Plan Amendment for property located at 2 Sunfish Lane.  She explained that the application included the replacement of two (2) sets of existing steps that lead to the lake and also for replacement of a retaining wall, both of which are deteriorating. She displayed photos of the existing stairs and retaining wall, as well as photos of the proposed steps and a photo of a retaining wall that has already been installed elsewhere on the site, as the same materials will be used for the proposed retaining wall replacement.

 She advised that the applicant also submitted a photo of the lighting proposed to be installed along the steps, which had been approved during the original site and building plan review for other areas on the property.   The Applicant had not provided the photos of the lighting and the proposed retaining wall materials until after the Planning Commission meeting, so these two (2) photos were not shown to the Planning Commission. She noted the proposed lighting would be directed downward and would be in compliance with the Zoning Code regulations that it will not exceed one-foot candle.

 

Planner Rybak stated that staff and the Planning Commission recommend approval of the request subject to the eight (8) conditions as listed in the proposed resolution.  She noted an error in the staff report; the conditions listed an approval date in October, 2018, however, the City Clerk noted that the actual approval date for the previous request was on December 4, 2018; she stated that the corrected date was included in the resolution presented this evening. 

The Planner offered to respond to questions.

Councilmember Bulach asked if the railings shown on the existing stairs would be installed along the entire length of the stairs or only where there were four to five risers.

Planner Rybak explained that she had not received plans for the installation of the railings, however, the applicant was present this evening and could respond to that question.

Mayor O’Leary asked the Building Inspector if the State Building Code required the installation of railings for the stairs.

Building Inspector Andrejka explained that the stairs are considered a “garden feature” and that there are no regulations or requirements for their installation.

Councilmember Bulach stated he would prefer not to have the railings visible in the area facing the lake.

Inspector Andrejka stated that in his opinion it would not be a bad idea to install the railings for safety purposes in certain areas dependent on the stair risers.

Mayor O’Leary agreed that he would have concerns about the safety of persons using the stairs without the railings.

Councilmember Bulach commented that it would be the responsibility of the homeowner to insure the safety of persons using the stairs.

Mayor O’Leary agreed and asked if staff had any concerns since there are no formal regulations.

 

Engineer Sandberg explained that he met with the property owner’s construction representative and stated that initially the property owner wanted a ramp to the lake for his elderly mother who lives with them.  He commented that in his opinion the property owner would not be opposed to installing the railings if they are required as part of the approval.

 

Attorney Kuntz pointed out that unless there are State Building Code or City Code regulations that require the installation of the railings, it would be appropriate for Council to leave it up to the homeowner to make that decision.

Councilmember Hansen pointed out that the proposed steps look safer than the old steps - with or without the railings.

After a brief discussion, Council concurred to leave the decision as to whether or not to install the stair railings to the homeowner.

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

Councilmember Bulach moved to adopt Resolution No. 20-07 titled, resolution approving an amendment to a major site and building plan to permit the replacement of an existing retaining wall and two sets of lakeside stairs at the property located at 2 sunfish lane, sunfish lake, Dakota county, Minnesota, subject to the eight (8) conditions as listed in the resolution, seconded by Councilmember Wahlstrom and carried. (5-0)

 

Mayor O’Leary explained that the Planner had asked if the City would prefer to have a recurring link for attending the virtual meetings or a new ID number for each meeting. He asked the Planner to explain the pros and cons for each.

Planner Rybak explained that the City must publish the agenda with the meeting link information and advised that by publishing the same number each month, the City would be more open to persons “hacking” into the meetings to cause problems.  She described other methods that could be used to forward the link to Council. 

After a brief discussion, Council concurred that it would be safer to provide a new ID code number each month.

Engineer Sandberg asked if the resolution passed this evening and the Mayor responded yes.

Applicant Tim Johnson asked if another building permit would be required or if he could begin work under the previous building permit issued last September.

The Inspector stated that a retaining wall over 4 ft. in height that supports something like a driveway would require a permit.
Tim Johnson explained that the retaining wall shown on this plan is under 4 ft. in height.

Inspector Andrejka stated that no permit would be required since it is under 4 ft. tall.

 

b.  Planner’s Report:  Planner Rybak reviewed the following information listed in the report dated April 29, 2020:

 

29 Windy Hill Road:  Staff reviewed an updated plan submitted for a Major Site and Building Plan Review and Conditional Use Permit for a non-conforming existing lot.  The updated submittal did not meet engineering requirements and staff is working with the applicant on completion of the necessary materials for placement on a future Planning Commission Agenda. 

 

118 Salem Church Road:  Staff approved a Minor Site and Building Plan Review for a deck replacement at this address.

2210 Charlton Road: Staff reviewed a request for a building permit to construct a pool at this address.  The permit plans for the pool were consistent with the previously approved Major Site and Building Plan Review and also contained minor modifications to the landscaping plan, including a slight reduction in the size of the driveway, for the purpose of saving additional significant trees, and the removal of an exterior staircase, that was no longer deemed necessary by the property owners. 

Staff determined that because the modifications were reductions to the originally approved plans, as well as “in substantial conformance” with the approved plans, an amended site and building plan review would not be necessary. The Planner stated she confirmed that the building permit request had been approved for zoning, and the Building Inspector could review the building permit application.   

The Mayor asked if there were any further comments or questions.

Councilmember Bulach explained that his wife would be contacting the Planner to discuss a Chicken Keeping permit.
 

Council thanked the Planner for her report.
 

7.  ENGINEER’S REPORT:  1. Engineering Activities Undertaken in April:     A.  Scanning Proposal for Planning Documents:  Staff is working with the City Clerk to discuss different options and provide her an opportunity to purge the documents received from the former planner.

 

B.  Annual SWPPP/NPDES Public Hearing:  Staff anticipates holding the public hearing at the June 5 meeting and asked if Council had concerns if the meeting was virtual vs an in-person hearing.

Mayor O’Leary asked if there was a time deadline for conducting the public hearing and, if not, he stated his preference would be to conduct an in-person public hearing.

The Engineer stated that the public hearing must be held by the end of the year and could be held at any time this year.

Attorney Kuntz explained that the City may conduct a virtual meeting and that the League of Minnesota Cities (LMC) provides guidelines for the process.  He noted that if it is not critical to hold the meeting soon, Council could defer the hearing.

Council concurred that the meeting should wait until the fall and if it is not possible to hold an in-person meeting at that time, a virtual meeting could be scheduled.

 

Attorney Kuntz noted that the Sunfish Lake Emergency Disaster Resolution remains in place until June 5, which was purposely set after the June 2 Council meeting, since Council may have to extend the date of the resolution depending on the Governor’s mandate regarding “sheltering-in-place”.
Council concurred that the public hearing issue should be raised in the fall this year.
 

C.  Salem Church Road/Delaware Avenue Intersection:  Staff participated in a conference call with Dakota County to discus the requested safety improvements to the Delaware Avenue and Salem Church Road intersection due to the grade and skew at that location.  Engineer Sandberg stated that the County was very receptive to the request and stated they would be reviewing the matter over the next few months.  He expressed his confidence that the City would be able to work with Dakota County to reach a solution to improve the intersection.

Mayor O’Leary asked if it would be helpful to ask for assistance from a political representative or wait until the County submits a proposal.

Engineer Sandberg explained that the City could wait to see if the County provides a solution and, if no proposal is forthcoming, staff would then contact the Mayor to request assistance from a political representative.

 

D.  I-494 Construction Update:  Staff participated in a conference call with MnDOT to discuss upcoming improvements on I-494 and associated lane closures and timing. The Engineer explained that there are more lane closures than originally anticipated due to the fact that there is less traffic; the additional lane closures may speed up project completion.

 

E.  Construction Site Erosion Inspections:  The Engineer explained that there is a staff member at WSB who is certified to conduct erosion control inspections on open building permits within the City.  He stated that four (4) construction sites in the City were cited for lack of erosion controls or erosion controls that were deficient.  He advised that all four sites have now come into compliance.

 

2.  Building and Site review in the Month of April:  Staff conducted four (4) reviews in April: 

 

39 Windy Hill Road for a new home on an undeveloped lot for possible review by the Planning Commission in July.

2150 Charlton Road for a minor site plan change and recommendation for administrative approval.  

118 Salem Church Road for a request to remove and replace a deck structure.

369 Salem Church Road for an Excel Utility Permit to extend buried electric to a new home.

 

3.    Public Works Activities Undertaken in the Month of April:  A.  Sunfish Lake Outlet: Staff worked with Dakota County to get the Delaware Avenue ditch cleaned to allow the lake outlet to be fully opened.  The County cleaned the ditch and replaced the culvert under the driveway immediately south of Charlton Road. The lake outlet was fully opened and is now functioning as it should and takes the lake water down quickly.

 

B.  Road Restrictions:  The Road Restrictions were removed by the City Forester on April 13.

 

C.  Road Patching:  The City Snowplow contractor agreed to patch Grieve Glen, Sunnyside Lane, and Angell Road at no cost to the City prior to beginning street sweeping.  

 

D.  Street Sweeping:  As part of the snowplowing bid, the contractor agreed to sweep the City streets at no additional cost to the City; this saved the City approximately $2,500.  The contractor had some equipment issues and should begin the work soon.

 

E.  Salem Church Road Traffic Issues:  Staff received a call from a resident who reported this truck traffic issue and they later advised there no longer seems to be a problem with the trucks; the resident appears to be satisfied at this time. 

Mayor O’Leary asked if the excess traffic was due to the I-494 construction project.

Engineer Sandberg explained that it appeared to be part of the Dodd Road closure, however, it was hard to determine the exact cause of the problem.

 

4.   Anticipated Engineering and Public Works Activities for May:   A.  No notice will be published for the SWPPP and NPDES public hearing at this time.  

 

B.  Staff will begin preparing the City’s 2021 Annual Capital Improvement Program (CIP) budget for review at the June meeting.

 

Councilmember Bulach asked if there were any remaining “punch list” items for the Charlton Road project.

Engineer Sandberg stated that there was one driveway with minor settling issues to resolve, but that appears to be the only remaining item.

Councilmember Hovey questioned if the curb on the south end of the road would be backfilled.

The Engineer responded yes and stated that he would walk the entire roadway with the contractor to ensure all items are resolved.

 

Councilmember Hovey asked if Dakota County was responsible for cleaning the ditch on Delaware Avenue and if the County plans to seed the area to prevent erosion issues. He noted that spring is usually a rainy season.

Engineer Sandberg stated that the County cleaned the ditch area and that ditches generally fill with invasive species of plants that would overtake any seeding.  He stated that he could ask the County about seeding, however, since it is a County road, they don’t have to do anything. He commented that he did not have concerns about erosion in the ditches.

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

 

Council thanked the Engineer for his report.

8.  NEW/OTHER BUSINESS:  a. Reschedule Public Hearing for Tuesday, June 2, 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 advised that this matter was discussed earlier and Council decided to wait until fall or until the “shelter-in-place” ban was lifted to conduct the public hearing.

 

b.   Discuss Records Retention:  Mayor O’Leary referred to the City Clerk’s memorandum dated April 29, 2020 recommending this discussion be delayed until Planner Krzos returns to work, however, he suggested some discussion at this time with Council and staff.  He thanked attorney Kuntz for his two (2) memorandums and noted that this is a complex issue.  He referred to the City Attorney’s memorandum dated April 21, 2020 that outlined the complexities of the records retention program.  He referred to the issues outlined in the Attorney’s memo and questioned why tracking electronic records could be difficult. 

Councilmember Hovey pointed out that software products change and technical standards continue to advance, therefore, older technology might not be compatible with newer versions and must be updated often. 

Attorney Kuntz explained that the main issue relates to the challenge of creating a system for document retrieval as well as what format to use for storage of the documents.  He noted that someone must create the system prior to scanning the documents and the question is whether or not the effort and cost is worthwhile. 
 

The Mayor asked the Engineer if his firm has record retention storage systems that could be utilized for this project.
 

Engineer Sandberg responded no and explained that the electronic retention would not be done by WSB and would have to be purchased from a company that has the software to complete the process.

 

The Mayor asked if the City could use “cloud” storage for the information.

Councilmember Hovey explained that software packages aren’t always compatible and the source may not be able to read the documents.

Mayor O’Leary noted that the City Attorney explained that disposal of electronic records can be more complex and asked if that would be the case if the City only kept permanent records.

Clerk Iago pointed out that there would be no need to keep anything other than documents deemed “permanent” records in the retention schedule.  She explained that the first step would be for staff to review all the documents and remove any duplicate information.  She further noted that the previous Clerk had a different method of storing documents and that she was unsure if some important records had been recorded. 

 

The Clerk indicated that this reviewing the files would be a time-consuming process and suggested that this matter be delayed until such time as staff was able to get together as a group to discuss and prepare a plan for Council review.

Mayor O’Leary explained that after discussion of the records purge process with the City Clerk, who advised that it would be a time-consuming process, he contacted Councilmember Hansen and asked if she and some members of the Welcome Committee may be available to assist the Clerk.  He noted that Councilmember Hansen agreed to assist with the process and that she would ask members of the Welcome Committee if they would also assist. 
 

The Mayor suggested that all future permanent files be scanned immediately and that files be identified as those that must be kept permanently or list a date when they could be destroyed.  He suggested using different color folders for files that are deemed permanent and placing a destruction date on the file folder for those that are not deemed permanent.  He commented that this may eliminate work for future staff.

Treasurer Lanoue explained that she does not have a substantial number of files, but she does keep the permanent files separate from those that have a destruction date.

 

Councilmember Hovey explained that if the City decides to digitalize the files, it could be written into the contract that whoever maintains the records must update the software as needed.

Clerk Iago suggested that staff would work together as soon as it is possible to meet as a group to prepare a plan for Council discussion. 

 

c.   Discuss Mailing Postcard to Residents:    Mayor O’Leary explained that he worked with Jeannine Nayes to design a postcard, similar to the one he had shown Council that was sent to Inver Grove Heights residents. He suggested that the postcard be sent to Sunfish Lake residents to thank them for “sheltering-in-place” and to request they check the City website for information on the COVID-19 virus and/or to contact Council if they have any needs during this difficult time.

The Mayor explained that the quote to print the cards is $195.00 and, with the postage costs, the total amount would be approximately $300 to mail them.  He questioned if Council would agree that this would be beneficial to remind residents that they are not alone at this time.

Council agreed that this would be a nice gesture and authorized the Mayor to spend the money to print and mail the postcards.

Mayor O’Leary asked Jennine Nayes to work with Clerk Iago to have the postcards printed and mailed.  

 

d.   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 8:40 p.m.

 

 

____________________________                                 ________________________________

Catherine Iago, City Clerk                                                  Dan O’Leary, Mayor