- DRAFT –

SUNFISH LAKE PLANNING COMMISSION MEETING – MAY 15, 2019

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

Attendants:

Chair: Tom Hendrickson

Commissioners: Ginny Beckett, Shannon Nelson, Jeannine Nayes and Dominick Driano
City Planner: Ryan Grittman

City Clerk: Cathy Iago

1. CALL TO ORDER: Chair Hendrickson called the meeting to order at 7:00 p.m.

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

Commissioner Driano moved to adopt the agenda, seconded by Commissioner Nelson and carried (5-0)

3. APPROVE MINUTES APRIL 17, 2019: Chair Hendrickson asked if there were any additions or corrections to the April 17, 2019 Minutes.

Planner Grittman explained that the minutes were inadvertently omitted from the packet and recommended that they be considered at the June meeting for approval.

Chair Hendrickson moved to amend the Agenda to remove the April 17, 2019 minutes and tabled action to the June Planning Meeting, seconded by Commissioner Nelson and carried. (5-0)

4. CONTINUED PUBLIC HEARING: A. Major Site and Building Plan Review and Conditional Use Permit, 2150 Charlton Road, Eric and Kathy Weis: Chair Hendrickson explained that this item was tabled from the April 17 meeting to allow the applicant additional time to submit the engineering data that was missing at that time. He requested action to move the item off the table.

Commissioner Nayes moved to remove the item from tabling and continue the public hearing, seconded by Commissioner Nelson and carried. (5-0)

Chair Hendrickson opened the continued public hearing and asked the Planner to present his report.

Planner Grittman explained that the application was first accepted for the project on March 12, 2019, and, since that time, there were some changes to the application that included shirting the footprint of the home and adjusting the size. He stated that the City Engineer had requested more information on the project and updated engineering plans that address the changes and the new drainage calculations. He referred to the Engineer’s memorandum dated May 13, 2019 which states that the proposed plans are not in accordance with City requirements and the new set of plans addressing the issues was not submitted in time to allow staff to compile a report for review this evening. He explained that staff was willing to work all weekend to prepare the agenda packet for distribution, however, the applicant’s engineer and the City Engineer were unable to reconcile some issues related to the stormwater management. He commented that the plans submitted did not meet the Minnesota Pollution Control Agency (MPCA) guidelines that the City requires as part of the application process.

The Planner stated that the Commission had options for action this evening:

Recommend Denial – Staff does not support this option

Recommend Approval – If Commissioners ae comfortable that the engineering issues will be addressed.

Table the Application to the June meeting – The City has one more opportunity to table and extend action on this matter before the time period for action runs out.

Planner Grittman pointed out that a recommendation from the Commission must be made in June and action taken by Council must occur in July due to the fact that the extension for action on this matter, per State Statutes, expires July 10.

Chair Hendrickson explained the procedure for submitting applications to the new Commissioners and explained that, in the past, some incomplete applications were forwarded to Council with a stipulation that any missing items would be provided prior to Council review of the application. He advised that because previous applicants had not complied and were missing information, Council and the Planning Commission had adopted a policy that required all information be provided to the Commission for review prior to sending a recommendation to Council in order to meet both City and State of Minnesota regulations for time extensions. He stated that staff was directed to advise all applicants that the City would not review incomplete applications. He suggested that the Commission could allow the applicant to explain why the information was not submitted within the required timeframe.

Planner Grittman explained that the City utilizes the MPCA guidelines for stormwater management and had no problems in the past with applicants adhering to those guidelines. He noted that this application had run afoul of what the City Engineer requested and what the applicant’s engineer determined would be appropriate for stormwater management. He commented that the City Engineer is tasked with working out the details with the applicant’s engineer prior to making his recommendation for approval of the application.

Commissioner Driano asked if the engineering issues could be resolved by the next meeting.

Planner Grittman explained that there is only one issues that remains unresolved.

Chair Hendrickson explained that applicant’s architect had questioned the procedures when this item was tabled at last month’s meeting and had one month to provide the missing information.

Planner Grittman explained the process for submission and staff review and the time frame that staff needs to complete their report. He pointed out that from submission of the application to presentation to the Commission is approximately a six week process. He noted that staff has the ability to be somewhat flexible when preparing their report, however, this project continued to run past the established deadlines and did not allow staff time to review the information prior to preparing their reports.

Commissioner Driano asked if there would be any detrimental effect if the applicant had to wait one month for a recommendation.

Peter Eskuche, architect for the project, stated that every effort was made by the applicant’s representatives to meet the engineering guidelines, however, the solution was not reached until Monday, May 13, 2019. He referred to the emails from the City engineer that show the stormwater management and grading plans appear to be consistent with the City’s requirements and advised that the requirements were difficult to meet due to the condition of the soils on site.

Planner Grittman explained that it is his understanding that there is one revision remaining with the application and that the Engineer indicated the application would meet requirements with that revision.

Mr. Eskuche stated it is the applicant’s intent to have the revision made prior to the Council meeting.

Commissioner Nayes asked if there was any harm in waiting until the City Engineer reviews and confirms that the application meets all requirements.

Mr. Eskuche stated that the client had owned the land for some time and would prefer to move forward. He commented that in his opinion the Engineer’s review of the correct drawings should not delay the request and that the applicant was trying to avoid another delay.

Adam Parker stated he is the applicant’s engineer for this project and he referred to page 4 of the Planner’s report dated May 14, 2019 under “Grading, Drainage, and Erosion Control. He noted that as of May 14, 2019 the City Engineer stated that is confident that the redesign work would meet filtration requirements as outlined by the MPCA. He explained that he would continue to work with the City Engineer on the filtration area and other outstanding items that need to be addressed. He noted that there were issues with the poor soils, however, it is his opinion that the issues can be easily addressed prior to the Council review.

Chair Hendrickson referred to the last memorandum submitted by the City Engineer dated May 14, 2019, Exhibit E, which stated that the applicant agreed to redesign the stormwater management system to meet filtration requirements as outlined by the MPCA. He commented that the Commission should consider their options for action on this matter.

Hoyt Nye, 2140 Charlton Road, explained he was a neighbor and it is his opinion that it would be advantageous to start the project as soon as possible. He commented that he would prefer the project begin prior to the start of the Charlton Road improvement project so that the new road is not damaged.

Clerk Iago advised that the Commission could make a recommendation for approval to Council with the condition that the application would not be considered by Council without the City Engineer’s approval of the stormwater management plan.

Commissioner Beckett asked what the amount of time involved for staff to prepare the information for Council.

Planner Grittman explained that there would be approximately two weeks for the applicant to submit the final revisions, the Engineer to review the materials and prepare his report for Council; he noted that this does not allow for any further revisions to be submitted if necessary.

Chair Hendrickson asked if there were any further comments from the public.

Linda Tuohy, 9 Sunfish Lane, asked if the meeting dates are set in stone or if the Council meeting could be deferred one week to allow more prep time for staff.

Clerk Iago explained that the meeting dates are set at the beginning of the year and it is extremely difficult to change the meeting dates. She commented that it would be easier to schedule a special planning commission meeting than to change the Council meeting dates.

Commissioner Nelson noted that the City has set a policy for application submission and it is expected that every applicant follow this policy. She noted that she recently submitted an application for her property and that she had to adhere to the schedule for submission as required. She expressed her concern regarding the number of times staff had requested the information be submitted to be in compliance with the deadlines. She stated that it was not the intent to make the process difficult and that the deadlines were established to insure staff had time to review the information.

Commissioner Beckett commented that exceptions to the process create more exceptions and that she did not support setting a precedence by taking action at this time.

Commissioner Nayes stated she is “on the fence” regarding the application and that she is sensitive to not setting precedence, but also sensitive to the concerns expressed regarding starting the project prior to the Charlton Road improvements.

Commissioner Driano stated that there did not appear to be any major issues with delaying the project one month and he would prefer to have everything in order prior to sending a recommendation to Council.

Chair Hendrickson asked if there were any further comments and, hearing none, closed the public hearing. He asked if the Commission had any further comments and there was no response.

Commissioner Driano moved to table the application for 2150 Charlton Road to the June 19, 2019 Planning Commission meeting to allow time for all engineering issues to be resolved, seconded by Commissioner Nelson and carried. (5-0)

5. Public Hearing: Major Site and Building Plan Review, Conditional Use Permit and Minor Subdivision, 1 Sunfish Lane, John Johannson: Chair Hendrickson opened the meeting for the purpose of a public hearing for a Major Site and Building Plan Review, Conditional Use Permit and Minor Subdivision for the property located at 1 Sunfish Lane. He asked the Planner to review the request.

Planner Grittman explained that the application for a Major Site and Building Plan and Conditional Use Permit include the tear down of the existing residence and new construction. He further explained that the Minor Subdivision was submitted to correct non-conformity of a rental home on the property. He stated that the application was submitted on April 8, 2019, however, the additional information requested by the City Engineer to complete his review is still missing from the application. He advised that the applicant preferred to redesign the infiltration system by installing a rain garden and the City Engineer requested a new set of plans be submitted that address comments listed in his May 13, 2019 memorandum and include new drainage calculations prior to a recommendation of approval. He noted that the Engineer received only partial items requested and the deadlines for staff to complete their review of the materials were not met by the applicant.

Chair Hendrickson asked if the applicant had not met the May 7, 2019 deadline.

Planner Grittman stated the first report was received by May 7, however, there was back and forth discussion of the plan between the City Engineer and the applicant’s engineer prior to finalizing the plan. He explained that due to the discussions, staff was unable to complete their reviews and prepare their reports so the Commission would have the information this evening. He noted that the infiltration system issues related to this application were the same as those related to the 2150 Charlton Road application that being the system did not met MPCA guidelines.

Commissioner Driano asked if the issues had been resolved.

Planner Grittman responded that the City Engineer advised that he is confident the MPCA guidelines would be met with the revisions proposed by the applicants, however, staff still must review the revised plans.

Chair Hendrickson asked if the Minor Subdivision requires Commission review or only Council action.

Planner Grittman explained that the Minor Subdivision could be sent directly to Council for action, however, Council may defer the matter back to the Commission since there are other applications associated with the request that require Commission review.

Chair Hendrickson asked if the applicant could proceed with obtaining a building permit for the new home construction prior to receiving approval of the application in order expedite the process.

Planner Grittman stated he was unsure if that could be done and that there may be concerns with issuing a building permit prior to receiving the necessary approvals.

Chair Hendrickson asked if the applicant had any questions or wished to speak.

John Johannson, 3408 Zenith Avenue, Plymouth, MN, introduced David Zweber, design consultant, and Neil Ebbenga who was hired to complete demolition of the existing home and Pat Schumacher, Builder, Nor-Son Construction. He explained that this property had similar issues with the soils. He noted that he requested the Minor Subdivision as part of the application process in order to bring the property into compliance and to insure that no variances would be necessary. He stated that he would prefer to begin the construction as soon as possible to insure the structure is enclosed prior to the end of summer. He commented that he has a son in his senior year of high school and he hoped the new home would be completed by next summer so that he could have one summer with his son prior to his leaving for college.

Mr. Johannson stated that he had a great working relationship with the Planner and that he was told the application was complete. He also noted that he talked to Engineer Sandberg and was told that the revised infiltration system was acceptable. He commented that he was confident his engineer, Adam Parker, and the City Engineer would be able to work out the details to insure all documentation is completed prior to the Council review.

David Zweber explained that the footprint of the home was shifted slightly and his preference would have been to place the new home on the higher area on the property, but it would not have met the City height requirements. He stated that he received written confirmation from Engineer Sandberg that the revised plans for the location would be acceptable and he thanked the Commission for their time.

Adam Parker, engineer for the project, stated that he found the same soil issues with this property and that he met with the City Engineer on site to review construction issues. He stated that he would insure as much drainage is directed away from the lake as possible. He noted that the determination of the soil arose at the last stage of discussion and that all ponding, grading and erosion control measures would meet standards on the site.

Chair Hendrickson asked if there were any comments or questions from the public.
Brad Nelson, 5 Sunfish Lake, stated he would support the application proceeding as quickly as possible and noted that the property at 2 Sunfish Lake was torn down last year and asked if the other property in the Minor Subdivision would become conforming once this application is approved.

Chair Hendrickson responded that the other parcel would be a conforming use once the Minor Subdivision is approved.

David Zweber, David Charles Designs, pointed out that the City Engineer and applicant’s engineer have come to an agreement regarding the infiltration system and asked if there were any other outstanding issues that would delay the project review.

Chair Hendrickson stated that the Commission is not aware of any other issues, however, the Planner was unable to prepare his report for review since the necessary documentation and engineer’s recommendation was not available in time.

Commissioner Driano referred to the memorandum from the City Engineer to the Planner dated May 13, 2019 which stated that the applicant had addressed some items but there were still significant issues that need to be addressed.

Planner Grittman explained that was the last formal memorandum from the City Engineer and that he has not seen any further correspondence.

Chair Hendrickson pointed out that if all items were addressed in a timely manner the information would have been ready for consideration this evening.

Commissioner Nelson stated that the Commission needs to have the Planner’s report prior to making a decision and asked if the motion should be to table the matter at this time.

Chair Hendrickson responded yes.

Adam Parker, engineer for the project, thanked the Planner for working on the issues with him and commented that it is his opinion all the issues have been resolved.

Shari Hansen, 7 Windy Hill Court, asked if any effort would be made to recycle items from the home.

Mr. Johannsen stated that a salvage group had gone through the existing home and made a list of items that could be recycled or repurposed; the group took photos of the items and plans to distribute them to persons or businesses that would have interest.

Gary Uecke, representing Linval Joseph property owner of 2 Sunfish Lane, stated that Mr. Joseph had no objections to the proposed project. He further advised that Mr. Joseph wished to apologize for the delay in construction on his property and explained that this was due to an $800,000 overage from the initial construction quote. He noted that a new contractor had been hired and construction should begin soon.

Neil Ebbenga, demolition contractor, asked if the applicant could obtain a demolition permit for the property.

Planner Grittman responded that approval is not needed to obtain a demolition permit.

Mr. Johannson asked if grading could be done on the site.

The Planner stated that grading could not be done until approval is received.

David Zweber asked if an application for a building permit could be submitted prior to approval.

Planner Grittman responded yes, but advised that the permit may be held until approval is received.

Melanie Bellamo, 14 Sunfish Lane, explained that residents along the road recently spent money to improve the roadway and there was demolition last fall and now another demolition would be done. She questioned who would be responsible for any damage that occurs on the road during demolition.

Neil Ebbenga, demolition contractor, stated that he took phots of the road prior to the demolition and he would monitor the road daily to insure that his group does their due diligence during the demolition process.

Ms. Bellamo noted that the road is very narrow in some areas and questioned if the construction crews would be in contact with each other to insure the vehicles do not go off the road.

Mr. Ebbenga stated there are two different builders on these projects and he was unsure of their schedules, however, he hoped that everyone would be conscientious during the construction process.

Chair Hendrickson recommended that neighbors on the road call if they see something that should be corrected or if damage occurs.

Gary Uecke stated he had talked to Mr. Bellamo, who is an engineer, and was advised to use a certain type of tire on the construction vehicles that would not cause damage to the road. He offered to confer with Mr. Ebbenga prior to beginning construction and discuss project schedules for the two locations.

Chair Hendrickson asked if there were any further comments.

Commissioner Nayes asked if this project had the same issues as the previous application.

Commissioner Nelson explained that the Commission was unable to determine if the issues are the same since they have not seen any plans or reports from staff. She stated that it is her opinion this application should be tabled to the June meeting.

Chair Hendrickson agreed that the plans and reports should be reviewed prior to any recommendation from the Commission.

Commissioner Nelson moved to table the public hearing on the Major Site and Building Plan Review, Conditional Use Permit and Minor Subdivision for property at 1 Sunfish Lane, to the June 19, 2910 Planning Commission meeting, seconded by Commissioner Nayes and carried. (5-0)

Mr. Johannsson asked if it would be possible to schedule a special Planning Commission meeting.

Chair Hendrickson explained that the Planner would have to request a special meeting prior to the Commission calling for a special meeting.

Commissioner Driano asked if there would be enough time to conduct a special meeting prior to the June Council meeting.

Planner Grittman stated that there would not be sufficient time due to the scheduling and requirement to send notification to adjacent property owners of the special meeting date.

Chair Hendrickson pointed out that there may not be sufficient time for staff to prepare their reports.

OTHER/NEW BUSINESS: Chair Hendrickson stated questions were raised regarding crafting regulations for selvage and reuse of materials when older housing stock is slated for demolition. He explained that he would prefer having an opinion from the City Attorney regarding whether or not the City has the authority to adopt such regulations prior to Commission discussion.

Planner Grittman explained that Council usually request the Commission to review and discuss initiating regulations related to recycling construction materials, however, the Commission does not have the authority to initiate this type of discussion. He stated that staff could make a recommendation to Council that the Commission discuss the City adopting regulations relating to recycling of construction materials. .

Commissioner Driano asked if the Planning Commission could request staff ask the Council to consider adopting these regulations.

The Planner explained that anyone could ask the Council to consider this matter. He pointed out that Council had also discussed the possibility of adopting ordinance regulations on demolition after learning that silt fencing was not required when obtaining a demolition permit. He noted that the contractor at 2 Sunfish Lake had installed silt fencing and that Council discussed adopting regulations associated with demolition as soon as possible.

Chair Hendrickson explained that the Commission may also attend a Council meeting when the proposed ordinance regulations are discussed to provide input.

There was discussion regarding whether or not the procedure for submitting applications to the Commission and Council needs modification. The Commission discussed the fact that new residents planning to construct a home may not have a good impression of the process and the rules and regulations outlined in the application process. The Commission determined that it would be appropriate for staff to convey exactly how much time it takes to process the application with the deadlines for publication and all timelines for staff preparation of their reports.

Commissioner Nayes pointed out that it appears the engineer for both applicants was not aware of the time it would take to receive the soil testing results.

Chair Hendrickson explained that in his opinion that should not have been the issue, rather it was his observation it was more a case of applicant’s engineer disagreeing with the fact that the MPCA regulations must be met.

Commissioner Beckett commented that Sunfish Lake is a community of caring people and that it may be appropriate to make perspective new residents more welcome prior to the meeting by introducing the Commissioners.

Chair Hendrickson agreed and suggested wearing name badges to identify themselves to the applicants would also be helpful.

Chair Hendrickson asked if there was any further items to discuss.

Commissioner Driano expressed concern regarding the intersection of Salem Church Road and Delaware Avenue. He stated that traffic on Delaware moves very fast and there does not appear to be sufficient time to make a left turn from Salem Church Road onto Delaware. He asked if a traffic warning device could be installed at that location to slow down traffic on Delaware Avenue.

Commissioner Nelson agreed and explained that she found it very difficult to access Delaware Avenue from Salem Church Road due to the excessive speed of traffic on Delaware Avenue.

Chair Hendrickson explained that Delaware Avenue is a County road and that the City needs to work with the County in order to request any type of traffic control device at that location. He suggested that this matter be brought to the attention of Council to determine how to proceed.

Chair Hendrickson asked if there was any further business for discussion and there was no response.

ADJOURN: Commissioner Driano moved to adjourn the meeting at 8:30 p.m., seconded by Commissioner Beckett and carried. (5-0)


Respectfully submitted,

________________________

Catherine Iago, City Clerk