SUNFISH LAKE PLANNING COMMISSION MEETING – February 15, 2012

7:00 P.M. - ST. ANNE’S EPISCOPAL CHURCH

Attendants:

Chair:  JoAnne Wahlstrom

Commissioners:   Andrea McCue and Gordon Peters

City Planner:  Alan Brixius
City Clerk: Catherine Iago
Commissioner Tom Schlehuber arrived at 7:05 p.m. and Commissioner Arnulf Svendsen was absent

1. CALL TO ORDER: Chair JoAnne Wahlstrom opened the meeting at 7:00 p.m.

2.         ADOPT AGENDA: Chair Wahlstrom asked if there were any additions or corrections to the agenda and there was no response.

Commissioner McCue moved to adopt the agenda, seconded by Commissioner Peters and carried. (3-0)

3.  APPROVE  MINUTES JULY 20, 2011: Chair Wahlstrom asked if there were any additions or corrections to the July 20, 2011 Planning Commission minutes and there was no response.

Commissioner McCue moved to approve the July 20, 2011 Planning Commission minutes as presented, seconded by Commissioner Peters and carried. (3-0)

4.  APPROVE MINUTES JANUARY 18, 2012: Chair Wahlstrom asked if there were any additions or corrections to the July 20, 2011 Planning Commission minutes and there was no response.

Commissioner McCue moved to approve the January 18, 2012 Planning Commission minutes as presented, seconded by Commissioner Peters and carried. (3-0)

5.  PUBLIC HEARINGS: None.

6.   OTHER/NEW BUSINESS: A. Review Revised Draft City Code Amendment for Parks and Open Space Regulations: Planner Brixius explained that the ordinance on the proposed park regulations was drafted due to recent concerns regarding the use and activities within the City’s parks and open spaces. He stated that the document presented this evening reflects the changes as requested by the Planning Commission at their January 28 meeting as outlined in his report dated February 9, 2012. He reviewed the sections that were amended per Planning Commission request and also amended per Council discussion at their February 8, 2012 meeting.

Chapter 805, regulating street and utility rights-of-way, was expanded to prohibit placement of unauthorized structures, litter or personal property within a street or utility right-of-way and Section 805.02 was added to the proposed ordinance.

The Planner noted that the new language proposed by the City Attorney would allow City maintenance projects in the park, such as tree and buckthorn removal. He also noted that after discussion, Council and staff concurred it would be appropriate to add language that prohibits placing a “geocache” within a public street right-of-way, park or open space.

Commissioner Schlehuber arrived at 7:05 p.m.

The Planner advised the planning commission that Council reviewed the draft ordinance at their February 8, 2012 meeting and had the following comments:

Section 805.02; Council raised the fact that there are utility easements contained within private properties. They preferred that the regulations apply only to public street rights-of-way as this would eliminate the need to regulate overland easements where the listed activities would not be an issue.

Section 805.03; Council pointed out that the “Russ Wahl Nature Area” is actually named the “Russ Wahl Wetland”; the correction was made to this section.

Also under Section 805.03, Council discussed the fact that City approved projects or park maintenance should not be prohibited and, therefore, language was added to this section under Subd. 1 (b) and (c) that allows for City projects or park maintenance.   

Section 805.03, Subd. 6A; Council requested that the park hours be closed from “dusk to dawn” rather than between 11:00  p.m. and 6:00 a.m.

Section 805.03, Subd. 7, Special Events; The Planner explained that he left this section in the draft revisions to show that he had reviewed other cities ordinances relating to this matter. However, he explained that he was uncomfortable with including this section since the Sunfish Lake parks are not large enough to accommodate such events. He stated that after discussion of this fact with Council, they agreed that Sunfish Lake parks are not equipped for special events, nor is staff equipped to administer and monitor these events. Staff and Council discussed the fact that there are no parking, sanitary facilities or active play areas for children that would accommodate a large gathering. Council and staff recommend removal of this section. He noted that small picnics would not be prohibited.

The Planner also noted that under Subd. 6(b) the ordinance prohibits playing baseball, football golf or other games except for designated areas. 

Commissioner McCue pointed out that the City conducts special events such as the buckthorn removal. She expressed concern that including the language under Subd. 6(b) may be considered over-regulating park use. She expressed concern that some children may wish to play catch during one of the City sponsored events or on a family picnic.

Planner Brixius explained that the City retains the authority to conduct special events in the parks, such as buckthorn removal and the event would be covered by the City’s insurance carrier. He noted that the City’s insurance would not cover special events sponsored by other entities or private parties and further, that it would be burdensome for staff to process and monitor such events. He pointed out that there are no designated areas in the parks for children to play games such as those listed in Subd.6(b).

Commissioner Peters pointed out that if the ordinance does not have a section regulating special events it means such events are not allowed. He favored removing the special events language.

Commissioner McCue moved to delete Subdivision 7, Special Events, under Section 805.03 from the draft ordinance, seconded by Commissioner Wahlstrom and carried. (4-0)

The Planner explained that the only park large enough to accommodate any of the games listed would be Musser Park, however, he pointed out that there are no manicured areas in the park to conduct such games.

Chair Wahlstrom agreed and noted that Musser Park is a land trust and these types of activities might be prohibited under the land trust regulations.
After a brief discussion, the Commission concurred to remove the language under Subd. 6(b), listing prohibited games in the park. The Commissioners indicated that most likely no one will use the park for this purpose; however, they did not wish to prohibit young children from playing catch if they are in the parks.   

Commissioner Peters moved to remove the language under Subd.6(b) from the proposed ordinance, seconded by Commissioner Wahlstrom and carried. (4-0) 

Commissioner McCue commended the Planner for an excellent job in preparing the draft ordinance.

The Planner stated he would prepare the final version of the proposed ordinance that includes the recommendations this evening and present a clean draft of the document for the public hearing at the March Planning Commission meeting.


6.B.  Frequently Asked Questions (FAQ’s): Planner Brixius explained that Council discussed the list of Frequently Asked Questions (FAQ’s) as identified by the Planning Commission at their January meeting. He advised that he prepared responses to the questions for Commission review.

The Planner stated that he and appropriate staff prepared responses to each question in a summary format and with direct reference to the applicable regulations in the City Code. He noted that property owners will be advised that they should not rely on the summary response as the complete answer, but they should review the complete ordinance section on the City’s website and contact staff for a complete explanation of the City’s regulations.

Planner Brixius reviewed the responses as outlined in his report dated February 8, 2012 and asked for comments from the Commission.  The Planner noted that the City’s ordinance relating to fencing is unique in that split rails fences maybe located anywhere on the property.

Chair Wahlstrom advised that this regulation was based on the fact that many properties in Sunfish Lake kept horses and the regulation was never changed or updated.  

Commissioner Peters pointed out that there is no requirement listed that fences must be maintained.

The Planner indicated that fences may be included under the Maintenance regulations in the City Code and offered to check on this matter. He pointed out that because properties in Sunfish Lake are difficult to monitor for maintenance issues, staff normally is notified of a maintenance problem through a complaint.

Commissioner Peters suggested that when an applicant applies for a fence permit under a Conditional Use Permit, the City should impose a condition approval to maintain the fence in good condition.  He also noted that there are several split rail fences within the City that need repair, as well as the fact that there are barb-wire fences within the City that are injuring deer each year.

Commissioner Schlehuber agreed that the barb-wire fences should be removed and noted that he has taken down this type of fencing in the woods near his property. He also commented that the City Forester had removed barb-wire fencing from Musser Park.

The Planner noted that under the property maintenance regulations there are various areas of the ordinance that are referenced for the different types of maintenance issues; the issues relate to public nuisance, exterior storage, well and septic, and building construction.

The Planner explained that he included a chart that lists the building setbacks for various districts within the City.

The Planner noted that in the shoreland alterations question he suggested that residents consult with the City Forester before undertaking removal of dead or diseased trees.

Commissioner Peters asked if the shoreland regulations related only to the three lakes in the City or if they also related to the wetland areas.

The Planner explained that these regulations relate only to the three lakes that are identified by the Department of Natural Resources (DNR). He explained that there are regulations relating to the wetlands, however, they are not as extensive as the shoreland alteration regulations for lakes.

The Planner advised that the State had recently changed the regulations relating to rebuilding a non-conforming structure that was damaged or destroyed; State Statutes require that a building permit to rebuild to its original dimensions must be obtained within 180 days of the date of such destruction. He explained that the Sunfish Lake City Code allows six months from the date of destruction to obtain a building permit to rebuild; he asked if the Commission wished to change the ordinance to 180 days or leave it as is.

After a brief discussion, the Commissioners agreed that the ordinance should be left at six months.
Planner Brixius stated no permit is required for a recreational fire that at is contained within a 3-foot wide ring.
The Planner reviewed the three additional topics presented by Council:

- What are the weights restrictions on various roads, especially during spring road restrictions?
- What are the parking restrictions on public streets?

-  How many families may occupy a single family home?

Commissioner Peters pointed out that the weight restrictions are determined by the City Engineer.  The Clerk indicated that the City Engineer posts the weight restrictions in the spring and removes them in conjunction with Mn/DOT regulations.

The Planner explained that the parking restrictions on public streets was discussed when special events, such as graduations or weddings occur on private property. He noted that residents would be advised to contact the police to determine parking so that it does not restrict access for emergency vehicles.  

The Planner pointed out that the number of families occupying a home is limited to one and that the ordinance defines what encompasses a family unit.  He commented that some housing plans include accommodations for older family members to have a separate living area; however, the ordinance is clear about what is prohibited for this situation.   

The Commission thanked the Planner for an excellent job in preparing these responses.

Commissioner McCue questioned if the City should place signage in the parks that identifies the boundaries of the parkland so that persons do not trespass on private property. .

Chair Wahlstrom asked if that should be the responsibility of the City or the property owner.

Planner Brixius commented that property owners may post “No Trespassing” signs at the borders of their property where it abuts the parkland.

Commissioner Peters commented that each year a person enters his private property to look for deer sheds.   

Chair Wahlstrom asked if there was any further business and there was no response.

7. ADJOURN: Commissioner McCue moved to adjourn the meeting at 7:45 p.m., seconded by Commissioner Schlehuber and carried. (4-0)

Respectfully submitted,

______________________

Catherine Iago, City Clerk