SUNFISH LAKE CITY COUNCIL MEETING

Tuesday, July 9, 2024

First Calvary Baptist Church – 5495 S Robert Trail

7:00 P.M.

Attendants

Mayor:                             Dan O’Leary

Councilmembers:           Present:  Ginny Beckett, Steve Bulach, Mike Hovey, Shannon Nelson

City Attorney:                  Kori Land

City Forester:                   Jim Nayes

Police Chief:                     Brian Sturgeon

City Planner:                    Lori Johnson

City Engineer:                  Justin Messner

City Clerk:                         Christy Wilcox

City Treasurer:                Char Stark

1. Call to Order

              Mayor O’Leary called the meeting to order. 

2. Approve Agenda

Mayor O’Leary asked if there were any additions or corrections to the agenda.   

              Councilmember Beckett moved to adopt the agenda as amended to include Item #8c – Request by NDC4, seconded by Councilmember Bulach.  Motion carried (5-0).

3. Consent Agenda

              Councilmember Bulach moved to approve the consent agenda, seconded by Councilmember Nelson.   Motion carried (5-0).

1. Approve Regular Minutes of June 11, 2024
2. List of Bills
3. Monthly Financial Statements
4. Receive Building Inspection Report
5. Receive City Forester Report
6. Receive Public Safety Report

Chief Sturgeon informed the Council that the mobile camera is up and running and the plan is to move it around the city as issues arise. 

Mayor O’Leary requested that Chief Sturgeon work with staff on getting an email blast out regarding the camera location.

4. Comments from the Public

              There were no comments from the public.

5. Public Hearing/Presentations

              Ann Baily, President of Darts was present to give a brief overview of the services DARTS provides.  Mayor O’Leary then read the proclamation “Declaring July 9^th as Darts Appreciation Day”.

6a.         2570 Delaware Road

              Consider application for a Major Site and Building Plan Review and Variances.

City Planner Johnson presented the following:

The applicants are Jeremy and Rachel Segal, 2570 Delaware Avenue.  The property is a 3.9. acre site that is zoned R-1 single family and is in the Shoreline Overlay District. There is an existing home on site and an addition was completed in 2018 to that home.  The site has access to a private shared drive off of Delaware Ave.  They are proposing to install a swimming pool, a golf area, a 30 foot long, 6 foot high board on board privacy fence, an entrance and monument gate and proposing to reconfigure and add some boulders adjacent to the monument gate area. In 2018, they built an addition to the home, and went through the site plan approval process and the minor site plan approval process for some changes to that addition. At that time, they did not have a fence on their plans and there was no fence existing at that time.  Since that time, there have been some major improvements on the site that were done without getting the proper permits. That would include some work around the shoreland and the ordinary high water and installing some pathways, and a wrought iron fence.  Again, permits were not obtained for this work.   That work involved considerable grading activity and slope alterations.  The initial indications with the property owners they did not know permits were needed for the work.  The fence is not allowed within the 200 set back of ordinary high water level.

This was presented at the Planning Commission meeting on May 23^rd.  Staff has received new information since that time.  The applicant presented text messages that indicate the fence contractor had worked with previous staff from WSB and other staff for the city. The City Planner did find a project number for that fence permit and the property owners did make an application for a minor site plan approval, which the previous City Planner decided was the proper process for installing that fence.  Staff noted that they had an application and a check that was paid for the escrow application but beyond that, nothing was found in the WSB file that indicates that minor site plan approval process was followed or that a permit was issued for that fence.  It is the staff’s conclusion that a permit was not issued.

Presented this evening is information that was prepared by the Mayor showing the timeline of events indicating that the applicants did their due diligence in trying to get a permit for their fence and relied on their contractor, who did not follow through.  The applicants are asking for approval for Major Site Plan, Conditional Use Permit and three (3) Variances.  The Major Site Plan approval would cover the pool, the golf area, the pergola, the fence by the pool, and the monument and the gates. The pool equipment fencing and reconfiguring and adding that boulder walls where they are proposed are all in excess of 1000 square feet, which triggers a Major Site Plan approval. The Conditional Use Permit is required because they are proposing to have more than one accessory use on a lot. They are also proposing to have accessory uses within the front yard and the ordinance also requires a Conditional Use Permit for the entrance and monument gate.   

The applicants have removed the tree house and fitness area from their plans.   

Entry Monument/Gate Variance

• Northeast side of home—proposed gate with monuments
• Required to meet building setback of 50 feet from the side property line.
• Proposed at 22 feet 4 inches from the side property line.
• Stone pillars and metal.
• Gate will have an emergency vehicle access siren detector.
• Includes lighting—will be downlit
• Gate is not within the private driveway easement.

Other Items of Interest

• Impervious surface—14.29%, requirement is 30% or less (This includes all parts of this property-east/west of private drive).
• Building coverage—4.14%, requirement is 10% or less.
• Pools must be screened from view—hedge on south, fence on east, birch trees on north, and the house on the west.
• City Engineer has reviewed and finds acceptable the storm water plans for the site.
• Wetlands on site have been professionally delineated and there are no encroachments on wetlands.
• DNR hydrologist was notified, and she has no comments, other than the DNR requirement is that no fences be allowed within 100 feet of the OHWL.

Planning Commission Recommendation

The Planning Commission and Staff received several comments from surrounding neighbors opposing the plans.

The Planning Commission voted 4-0 to approve the major site plan application, conditional use permit and monument/gate variance. 

• Recommended that the lighting on the monument/gate be changed to downlit style.
• Recommended that the white pines along the southern edge of the property be 16-feet in height at time of planting.
• Recommended that the applicant review the landscape plan along the northeast side of the property to provide more screening.
• The Planning Commission voted 4-0 to deny the variances for the existing fence.

Updates:

• Monument Lighting: The lighting on the entrance monument has been changed to downlit and shielded lighting and is included in the overall photometric plan for the site. The applicants are also proposing to reconfigure existing boulders and add a band of decorative boulders on the sides of the monuments for the gate.
• Tree Preservation: The applicant has confirmed that they will save the tree tagged as number 27 and near the golf area.  Since the writing of the staff report on the 6^th, the owners have decided to remove an additional tree (number 36) while still keeping number 27. Thus, the total number of trees proposed for removal is still at 12 trees.  See next slide.
• White Pines: The applicant has had conversations with designers and the City Forester and are asking that only three of the white pines be increased in size to 16 feet, and that the other white pines remain at 6 feet in height.  The City Forester will be present at the meeting to discuss.
• Screening to North and East:  The adjacent property and home are at a higher elevation than the Segal site and the adjacent home looks down on the Segal site. Changes have been made to the landscape plan to try and increase the screening efforts. The six birch trees on the north side of the pool have been changed to 6 evergreen trees.  Two redbud trees have also been added in this area. Eastern screening trees will be strategically placed on-site with the landscape architect to ensure maximum privacy screening.  It should be noted that it will be difficult to screen the Segal property from the adjacent home to the north and east due to the differences in elevation.  While trees/fencing can be added, it is likely impossible to entirely screen the view of the Segal site.
• Site Lighting: Apparently the lighting plans presented at the Planning Commission meeting were not the latest set of lighting plans.  The applicant has submitted a new plan for Council review.  As per the Planning Commission’s recommendation, all new lights associated with this project are limited to those at the entrance monument, underwater lights for the pool, and two stair lights associated with the patio/pool entrance.  All other lights have been removed from the plans.  Additionally, the applicant is requesting that three stairs be lit rather than two to ensure safety at the patio/pool connection.  Neighbors have expressed concerns that all lighting is not included on the plans. 
• Pool Fencing: Changed to cedar type.

STAFF IS RECOMMENDING APPROVAL OF THE TREE SIZE REQUIREMENTS PRESENTED BY THE CITY FORESTER, TREE REMOVAL , CEDAR POOL FENCE AND SCREENING PLANS THAT HAVE BEEN RESUBMITTED.  A CONDITION HAS BEEN ADDED TO THE CONDITIONAL USE PERMIT APPROVAL THAT A NEW LIGHTING PLAN BE SUBMITTED FOR THE ENTIRE SITE—EXISTING AND PROPOSED.  THIS NEW LIGHTING PLAN SHOULD INCLUDE THE DOWNLIT FIXTURES ON THE MONUMENT. 

Mayor O’Leary opened the meeting up for public comment on the requests at 2570 Delaware Avenue.

• Todd Ciresi, 2566 Delaware noted that generally the concern is about maintaining the neighborhood look and feel, the natural setting that exists in Sunfish Lake. The Concern is when you have lighting that exposes across where everybody is seeing the lights.  Nobody wants to have that, and nobody fences should be on the lake.  Concern on the 50 foot set back rule relating to monument gates.

The Mayor closed the meeting for public comments. At this time, the Mayor addressed his comments on the issue relating to applicants requests and outlined the resolution prepared by the City Planner and City Attorney approving a Variance for a fence for the property. 

Mayor O’Leary noted that Councilmember Bulach will not be voting on the resolution due to being the contractor for the pool.

Moved by Mayor O’Leary, to adopt Resolution No. 24-10 RESOLUTION APPROVING A VARIANCE FOR A FENCE FOR THE PROPERTY AT 2570 DELAWARE AVENUE, SUNFISH LAKE, DAKOTA COUNTY, MINNESOTA, seconded by Councilmember Beckett.  Motion carried (4 – 1 abstain, Bulach)

Moved by Mayor O’Leary to adopt Resolution No. 24-11 RESOLUTION APPROVING A CONDITIONAL USE PERMIT AND MAJOR SITE AND BUILDING PLAN REVIEW FOR CONSTRUCTION OF MULTIPLE USES ON THE PROPERTY AT 2570 DELAWARE AVENUE, SUNFISH LAKE, DAKOTA COUNTY, MINNESOTA, seconded by Councilmember Beckett.  Motion carried (4-1 abstain, Bulach).

Moved by Mayor O’Leary to adopt Resolution No. 24-12 RESOLUTION APPROVING A VARIANCE FOR AN ENTRANCE MONUMENT/GATE FOR THE PROPERTY AT 2570 DELAWARE AVENUE, SUNFISH LAKE, DAKOTA COUNTY, MINNESOTA, seconded by Councilmember Hovey.  Motion carried (4-1 abstain, Bulach).

6c.         Planner’s Report

5940 Zehnder Road:  The owner of this property needs to replace his septic system as it is failing. This property is adjacent to 5960 Zehnder Road and the situation is very similar in that he needs a variance from the required septic setback from the Ordinary High Water Level. A variance application has been submitted for this site and the two property owners (5960 and 5940) would like to coordinate the installation of the septic systems to minimize disruption to the sites and the neighborhood in general. It would also be a cost-saving benefit to the property owners. The plans were submitted for the 5940 Variance on Thursday, June 27. The application deadline for this application was on June 3 for the July Planning Commission agenda and on July 1st for the August Planning Commission agenda. Given the property owners desire to work together and get this project completed, I would like to propose that the public hearing be held at the August City Council meeting rather than at the Planning Commission meeting in July. Staff has yet to fully review the plans and the deadline for publishing the public hearing notice in the paper has passed, which makes it impossible to hold the public hearing at the July Planning Commission meeting. The other option would be to set a special City Council meeting date later in July so hearing notices can be properly sent and it would still accommodate the property owners desire to work together. This process has been discussed with the City Attorney who has indicated that the public hearing could be held, in special circumstances, at the City Council meeting rather than at the Planning Commission meeting. Staff would recommend approval of the variance much like the recommendation for 5960 Zehnder.   

The City Council agrees that it makes sense to hold the public hearing at the City Council meeting in August.

Solar proposal:  St. Anne’s Church has proposed a ground mounted solar system on their property. The Zoning Ordinance requires a conditional use permit for ground mounted solar.  St. Anne’s has made the appropriate land use application and the public hearing for this item will be held in August at the Planning Commission meeting. Councilmember Hovey requested additional information on solar panels and the SFL ordinances.

205 Salem Church Road/145 Salem Church Road: Mark and Katherine Sullivan are the property owners of both lots, and they are proposing to realign the property line between the two properties as there are improvements associated with 205 Salem Church Road that are over the property line between the two properties. This request may also include a variance but that will be vetted once the application is submitted, no application has been submitted yet, only preliminary discussions regarding the application.

Ordinance Updates: A meeting will be set up with the Mayor and City Attorney to discuss the process of updating the city’s ordinances.

Shoreland Ordinance/Septic Setback: At their meeting on April 18, the Planning Commission concurred that some research should be done with regard to the current required septic setback from the Ordinary High Water Level in the Shoreland District. The current setback requirement for septic systems is 150 feet from the Ordinary High Water Level in the Shoreland District. The City Council concurred with the Planning Commission and directed WSB to do an analysis of lot sizes and review setback requirements of other cities regarding this issue.

The City Planner presented information and maps.  The City Planner will work with the City Attorney on a proposed ordinance that may include an overlay district and amend the minor variance process.  If ordinance changes are requested, a public hearing will be held at the Planning Commission meeting later.

Land Use Application Revisions: The City Engineer and City Planner will be working to revise the land use application that is currently in use to ensure that applicants can easily understand the approval process and submittal requirements.

7. Engineer’s Report:

• Engineering Activities Undertaken in the Month of June

1. Received quotes for Charlton Road for sealing the pavement with asphalt rejuvenator as suggesting in the CIP budget. However, Engineer Messner indicated he is not going to proceed with this project at this time until the costs are known for repairing the outlet culvert on Grieve Glen Lane due to budget amounts.  After discussion, it was the consensus of the City Council that approval be given to use surplus dollars to repair Charlton Road with the asphalt rejuvenator.      

• Building and Site Reviews in the Month of April

None

• Public Works Activities Undertaken in the Month of October

• Pothole and shoulder repairs were completed throughout the City with the exception of the Windy Hill Road/Windy Hill Court intersection. The pavement seam failure at Windy Hill Road/Windy Hill Court is scheduled for mill and patching.
• Staff coordinated the repair of the Hornbeam Lake outlet culvert on Grieve Glenn Lane.

• Anticipated Engineering/Public Work Activities for the Month of March

• Staff begun conducting the pavement and culvert ratings throughout the city. Inspections will continue through the month of July.
• Staff will continue to coordinate cost estimates for culvert and street maintenance items and to bring them forward at future council meetings.

8. 8. NEW/OTHER MATTERS:

1. Consider Ordinance Amending Section 701 of the City Code relating to Geneal Parking Regulations

Mayor O’Leary moved to approve ORDINANCE NO. 24-2, AMENDING ARTICLE VII, SECTION 701 OF THE CITY CODE OF SUNFISH LAKE, seconded by Councilmember Hovey.  Motion carried (5-0)

1. Appoint Member to the Planning Commission

Mayor O’Leary moved to appoint Claire Noble to the Planning Commission to fill the vacancy of Ginny Beckett for a term which will expire December 31, 2025, seconded by Councilmember Bulach.  Motion carried (5-0).

1. Request by NDC4 Cable Commission Budget Requests

Mayor O’Leary moved to approve the requests and authorize NDC4 to keep the 25% of the city’s settlement payment from their audit and suspend the annual 25% franchise fee payment for 2024, 2025 and 2026, seconded by Councilmember Beckett.  Motion carried (5-0).

9. Adjournment

              Mayor O’Leary adjourned the meeting at 8:50 p.m.

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Christy Wilcox, City Clerk                                                 Dan O’Leary, Mayor