SUNFISH LAKE CITY COUNCIL MEETING – NOVEMBER 7, 2017

- DRAFT –

SUNFISH LAKE CITY COUNCIL MEETING – NOVEMBER 7, 2017

8:00 P.M. - ST. ANNE’S EPISCOPAL CHURCH

Attendants:


Mayor: Richard Williams

Councilmembers: Mike Hovey, JoAnne Wahlstrom, Steven Bulach and Daniel O’Leary

City Attorney: Tim Kuntz and Darcy Erickson

City Planner: Ryan Grittman

Engineer: Don Sterna

City Treasurer: Ann Lanoue

Building Inspector: Mike Andrejka
City Forester: Jim Nayes
Police Chief: Manila Shaver

City Clerk: Cathy Iago

and Members of the General Public.

1. CALL TO ORDER: Mayor Williams opened the meeting at 8:00 p.m.

2. APPROVE AGENDA: Mayor Williams requested that Discussion of Closing South Robert Street be added to the agenda under 8.g. Other. He asked if there were any other additions or corrections to the agenda and there was no response.

Councilmember Wahlstrom moved to adopt the agenda as amended, seconded by Councilmember Bulach and carried. (5-0)

3. CONSENT AGENDA: Mayor Williams asked if there were any questions or comments relating to any items on the Consent Agenda.

Councilmember O’Leary requested two changes to the October 3, 2017 Council minutes as follows:

Page 5; paragraph 5, second sentence, change the word “remove” to “removed” and, in the third sentence, change the word “and” to “that”

Page 6, first paragraph, change the word “state” to “stated” and, in the first sentence of the Forester’s report, change the word “is” to “he”.

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

Councilmember O’Leary moved approval of the Consent Agenda with the amendments to the October 3, 2017 Council minutes as listed, seconded by Councilmember Hovey and carried. (5-0)

a. Regular Council Meeting Minutes of October 3, 2017

b. List of Bills

c. Monthly Financials

4. COMMENTS FROM THE PUBLIC: The Mayor asked if there were any comments from the public.

Ibby Hammett, 2196 Charlton Road, asked if a statement or clause could be added to the improvement documentation that states “the contractor is responsible for any damage to the road and City sewer and water utilities during the construction project” She explained that she was advised this would be appropriate language to include.

Councilmember O’Leary commented that it is his understanding that such language is normally included in any type of improvement contract.

Engineer Sterna agreed that the contractor would be liable and noted that the City insures the contractor is bonded. He explained that the City could scope the utilities prior to beginning construction to verify their condition.


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

5. PUBLIC HEARING/PRESENTATIONS: None.

6. PLANNING COMMISSION/PLANNER’S REPORT: a. Planner’s Report: Planner Grittman reviewed the following information listed in his report dated November 1, 2017. He stated there was no Planning Commission meeting in October due to lack of applications.

The Planner stated that the property owners at 45 Windy Hill Road submitted an application for a Minor review to install a monument address sign. He further advised that the property owners at 2130 Charlton Road applied for a Minor review for a home addition which would be less than 1,000 square feet. He noted that both of these applications would be reviewed and approve by staff because they do not require Planning Commission or Council action.

Planner Grittman advised that the Comprehensive Plan Task Force scheduled a meeting on November 15, 2017 to discussion the recommendations from the September Open House and to review the Metropolitan Council recommendations from their preliminary review. He explained the Met Council recommended only minor changes.

The Planner stated he sent a letter to the property owner at 315 Salem Church Road requesting they remove the Rooster from the premises. He advised that the letter was sent October 12, 2017 and that no further complaints had been received regarding the Rooster.

Liz Lee, 315 Salem Church Road, stated that it was never their intent to get a rooster and that she had found a new home for the animal.

Council thanked the Planner for his report.

7. STAFF REPORTS: a. BUILDING INSPECTOR: Inspector Andrejka stated that he issued six (6) and closed eleven (11) permits in October.

Council thanked the Inspector for his report.

b. CITY ENGINEER: Engineering Activities Undertaken in October: A. Charlton Road Improvements Update: The Engineer stated he would discuss this item later on the agenda.

B. 2017 Street Improvement Update: Engineer Sterna stated that the work was completed on the project and that he was waiting to finalize the payment with the contractor. He advised the final payment request would be placed on the December Council agenda. He noted that the assessments were certified to Dakota County in October.

C. Fire Number Clarification: The Engineer explained that he met with the Fire and Police Chiefs and the City Forester to discuss the current fire numbering system for residential properties within the City and to discuss if a change should be made to the numbering system that would work better for emergency responders. He advised that earlier this year a resident called 911 and emergency responders had difficulties locating the property based on the fire numbers. He stated that based on his discussion with staff, it was recommended that a field survey of all properties and their assigned fire numbers should be undertaken to confirm the numbers are correct and legible and also to identify any new properties or those with missing numbers.

Engineer Sterna stated that after the field survey is completed, he would make a presentation to Council at their December meeting to discuss any recommended changes. He noted that staff discussed placement of the signs to face perpendicular to the road, possible change to the signage color or size, etc. He commented that there are 178 residential homes within the City.

The Engineer pointed out that he was unable to determine the rationale as to how the numbers were originally assigned to the parcels. He indicated that staff recommended numbers also be assigned to vacant lots within the City for future reference.

Councilmember O’Leary suggested a computer list be compiled to match the fire numbers to the property address.

Mayor Williams suggested that the numbers be placed on both sides of the signage to insure they are seen from all directions.

Engineer Sterna agreed with the suggestions and advised that he would review the survey, calculate the costs and make a presentation at the December meeting.

Councilmember Bulach stated that the property at 116 Salem Church Road had no fire number in place and that he had to direct the emergency responders to the address.

The Engineer stated he would review the matter.

D. TH110 Intersection Resolution Update with MnDOT: Engineer Sterna stated that MnDOT worked on the guard rail issues at Salem Lane and Angell Road, He stated that the roadway was raised on Angell Road to improve the sightlines. He explained that a resident in the area of Angell Road asked if MnDOT would also fill in the ditch, however, in his opinion, it is not likely that MnDOT would do so.

Councilmember O’Leary questioned if the snow plowing would make sightlines worse with the guardrail in place.

Engineer Sterna responded no and explained that MnDOT snowplows would clear the snow from the guardrails.


Mayor Williams agreed that MnDOT would not fill in the ditch area since they would have to purchase wetland credits to do so.

The Engineer commented that Angell Road could have been raised slightly higher, however, they sightlines are better.

Engineer Sterna explained the remaining issue that concerns the Fire Chief is the raised median curb.

Councilmember O’Leary questioned if a fire truck could cross the curb.

Councilmember Hovey pointed out that the curb is only 4-inches high and a fire truck should be able to cross over it.

Mayor Williams pointed out that MnDOT did not install the surmountable curb as they had concerns other vehicles would attempt to cross it.

Engineer Sterna advised that he also discussed extending the fire hydrant across at Charlton Road and advised he would continue discussions with the Fire Chief and MnDOT regarding the median depending on whether or not a fire hydrant is extended across TH 110 which would thereby avoid the median work; MnDOT plans to wait until spring before replacing the curb.

Mayor Williams explained that he heard from a resident who was not in favor of the possibility of extending a frontage road adjacent to TH 110. He noted that previous discussions identified the fact that U-turns at Mendota Road and TH 110 may not be an issue if a frontage road were installed.

Engineer Sterna agreed and pointed out that pedestrian traffic would also be safer crossing the highway if a frontage road near the signal light was installed. He noted that the topography near Angell Road may prohibit its installation.

Councilmember Hovey questioned how far back the frontage road would be placed from the highway.

The Engineer explained that it is normally 20 to 25 ft. from the highway and that a berm or curb and gutter could be installed for safety purposes. He noted that MnDOT retains funds for safety related improvements, however, they would have to obtain right-of-way from three (3) property owners in order to proceed with the project.

E. Renaming TH 110 to TH 62: The Engineer explained that the name change would take effect in 2018 and that MnDOT would be responsible for notifications and the signage change.

Building and Site Reviews One preconstruction site inspection was performed at 330 Salem Church Road.

Public Works Activities Undertaken in the Month of October: None.

Anticipated Engineering and Public Works Activities for November: A. Charlton Road Improvement Update: The Engineer stated he would be finalizing the Feasibility Report for Council action at the December meeting.

B. Snow Plow Monitoring: None to date.

Public Works Activities Anticipated for November: None.

Councilmember Hovey stated there are several pot-holes on Charlton Road and asked if the time to “dress-up” the road had passed.

Engineer Sterna explained that depending upon weather conditions there may be an opportunity to prepare the road for the winter months. He offered to review the issue and contact a contractor to complete the work.

Councilmember Bulach pointed out that five (5) erosion “socks” are still in the ditch along Salem Church Road and asked the Engineer if he would contact the contractor to remove them.

Councilmember O’Leary noted there was also one near Robert Street and Salem Church Road.

The Engine stated he would contact the contractor to remove them prior to finalizing payment for the project.

Council thanked the Engineer for his report.

c. CITY FORESTER: Forester Nayes stated that no burning permits were issued in October, however, they are still available. He explained that he met with contractors regarding tree issues at 245 Salem Church Road and found that considerable buckthorn and honeysuckle undergrowth were removed to improve sightlines along the road. He advised that two (2) trees were marked for removal for location of a future driveway on the property.

1. Consider Quotes for Pruning & Dead Tree Removal on Angell Road: Forester Nayes explained that he met with Birch Tree Care and SavATree to review the scope of a project and to solicit quotes for removal of dead trees on Angell Road an Sunnyside Lanes as he does not have the equipment necessary to complete the job. He referred Council to the quotes and recommended the low bidder, SavATree be awarded the project. He explained that SavATree is a national company and that both bidders submitted insurance information.

Councilmember O’Leary moved to award the contract for tree removal as outlined by the City Forester to SavATree in the amount of $1,633.00, seconded by Councilmember Hovey and carried (5-0)

Forester Nayes thanked the Police Department for their assistance in removing a boat trailer from the City.

Councilmember Wahlstrom stated she received a phone call from a resident advising that the lawn service vehicles were still parking on the road and making it difficult for traffic to pass them. She asked if there was anything the City could do to prohibit them parking on the road.

Chief Shaver responded that he also received some phone calls and that when the officers responded to the location, they found that there was room for vehicles to pass the maintenance trucks and equipment. He noted that there are no ordinances that prohibit them from parking on a public road.

Mayor Williams commented that these complaints support the need to make improvements to Charlton Road and noted that if “bump-outs” are installed there would be an area for the maintenance trucks and equipment to park off the roadway. He indicated that the City may be able to adopt an ordinance that restricts larger vehicles parking on the road except in the “bump-out” areas.

Council thanked the Forester for his report.

d. PUBLIC SAFETY: Chief Shaver reviewed his report dated October 30, 2017 and advised there was one (1) false alarm call this month. He commended the residents for an excellent job in managing the false alarms and noted that there were only 16 for the year versus 35 during the same time-period last year. He explained that there were two (2) fraud/scam phone calls reported. He praised a resident for calling the police on a suspicious vehicle viewing mailboxes on Salem Church Road; he noted it was an employee of Amazon attempting to make a delivery. He thanked the City Forester for the call regarding the boat trailer abandoned in the City.

Chief Shaver reported the following deer removal count: Resident Jim Nayes - one (1); Metro BowHunters – six (6) and a “poacher” – one (1). He offered his thanks to the police and Forester for their assistance to insure a safe hunting season.

Council thanked the Chief for his report.

8. NEW/OTHER BUSINESS: a. Consider Proposed Ordinance Amendment Relating to Small Cell Tower Installation: Attorney Kuntz referred Council to his report dated November 2, 2017 and introduced Attorney Darcy Erickson who had been researching legislative regulations and reviewing action taken by the League of Minnesota Cities (LMC) regarding the regulations.

The Attorney explained that the type of device and its size and that its purpose is to amplify cell phone signals. He noted that highly populated areas would need higher capacity than less densely populated areas. He discussed the fact that the City of Minneapolis owns 90 percent of its street lights and told the vendor that they would have to pay to place the towers on the light poles, which prompted the legislation to control where the devices may be placed without paying a fee. He explained the legislation allows the devices in public street right-of-way or drainage areas not abutting residential property. He stated that if the device were to be placed in right-of-way abutting residential land, the City could requirement the applicant to obtain a Conditional Use Permit (CUP) with performance standards, and, if the device were to be placed on private residential property, the City could either allow with a CUP or prohibit its installation. He explained that the device may be co-located on City owned structures, however, this is not an issue as Sunfish Lake has no City owned municipal buildings.

Attorney Kuntz stated that larger cities have a comprehensive right-of-way management ordinance that defines how the device could be used, installed and who pay and he recommended that Sunfish Lake should also adopt such an ordinance in the future.


The Attorney stated that he and Attorney Darcy Erickson met with the Engineer and Planner to recommend that the City follow the guidelines as follows:

1. Allow locating in right-of-way next to non-residential property subject to the performance standards adopted in a future ordinance;

2. Allow locating in right-of-way abutting residential property with a CUP that outlines performance standards;

3. Prohibit locating on private residential property; and,

4. Co-location is not an issue as the City has no municipal structures or property that would qualify.

Attorney Kuntz advised that he would recommend no action be taken on this matter until such time as the League of Minnesota Cities prepares a template for cities to utilize in preparing regulations and/or adopting ordinance regulations. At this time, staff was seeking to inform Council and receive their input relating to the type of performance standards they would wish to include, such as height, color and/or size restrictions. He stated that he would prepare a draft for circulation to other staff members in November for review in December, then the Planning Commission could conduct a public hearing on the matter in January, 2018 and send their recommendation to Council for action in February, 2018.

Councilmember O’Leary moved to direct the City Attorney to prepare a draft of the regulations as discussed this evening, seconded by Councilmember Wahlstrom.

In discussion, Mayor Williams pointed out that it is his understanding that all the devices must be placed in straight lines to be effective and that he has concerns regarding the height of the towers. He noted that there may not be a lot of areas in the City that would support the installation, however, the company may wish to build high towers to accommodate reception.

Attorney Darcy Erickson explained that the legislation placed a height cap on the height of the structure at 50 ft., with an additional 10 ft in height for the attached box. She advised the initial request was for 150 feet in height.

Mayor Williams asked if the City could restrict placement to minimize visibility.

Attorney Erickson explained that the City can attempt to minimize the impact on property by location and could restrict them by a distance of 900 ft. as an example, however, if the street light poles are already in place the distance requirement would not be applicable.

Mayor Williams pointed out there are no street light poles in the City, however, the main issue would be limiting the number of structures.

Attorney Erickson explained that she would research the spacing limitations and also the color and design to help minimize visibility.


Attorney Kuntz explained that the company requesting the placement only installs the device, but does not provide the signal. He explained that once the devices are installed, the company then solicits carriers to provide the cell signal.

Mayor Williams asked if there was any further discussion and, hearing none, called the question.

Motion carried. (5-0)

b. Receive Charlton Road Improvement Update from City Engineer: Attorney Kuntz referred Council to his memorandum dated November 1, 2017 which provides an update on the proposed Charlton Road improvement project. He stated that the City Engineer would make arrangements to have the easement areas delineated on properties where right-of-way and/or drainage and utility easements are required to complete the project. He further advised that the legal descriptions were prepared for each of the parcels where easements are needed. He explained that his office verified that there are no Torrens or registered properties where right-of-way was required.

The Attorney advised there are fifteen (15) easements that must be obtained and that he prepared documentation for all 15 parcels and identified what type of easement was required, right-of-way or drainage/utility easement or both. He stated that the property owners and parcels were listed and the property outlined in attachments to his report.

Attorney Kuntz stated that if Council authorizes staff to distribute the easements as identified, a letter would be send to the property owners advising them that the easement documents would be returned to them if the project does not proceed and that it would also state that the City would hold harmless the landowner from all claims arising from the City’s negligence.

In addition, Attorney Kuntz explained that the Engineer could stake the easements on the parcel by November 14 and then conduct an Open House to respond to property owner’s questions. He stated that the letter would request the easements be returned by mid-December so that staff could report to Council in January, 2018 regarding the status of obtaining the easements. He reviewed the proposed 2018 project schedule, pending receipt of the easements:

- Call for Public Hearing to Order the Project on the project in February, 2018

- Conduct Public Hearing, Order Project and Authorize Bids in April, 2018

- Open Bids in May, 2018

- Award Bid in June, 2018 and begin construction with completion in July, 2018

Attorney Kuntz stated that if Council concurs, they should take action to direct staff to send a certified letter with the easement documents to property owners and a letter from the Mayor requesting residents to join the City in this effort to complete the project. He commented that the City did not try to obtain consent of any mortgagees listed on the properties.

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

Councilmember O’Leary moved to authorize staff to proceed as outlined by the City Attorney in his memorandum dated November 1, 2017 and asked that the letter to property owners include the following language:

1. The City will indemnify, defend and hold harmless the Landowner from all claims brought by third parties against Landowner arising from the City’s negligent exercise of its rights under the Easement.

2. The Landowner is not responsible or obligated to maintain the public street, public way, drainage facilities or utilities located within the Permanent Easement Areas on the Landowner’s Property.

3. The Easements will not be filed and will be returned to the property owner if the project is not ordered by Council.

Seconded by Councilmember Bulach and carried. (5-0)

Engineer Sterna explained that the final plans for the project design shifted the road at the south end to eliminate the necessity for easements from the property owners in that area. He described the changes to the project in that area and stated that the final plan included the outlet improvements. He advised that he would have the easements staked on the properties where easements are necessary.

Attorney Kuntz asked how long the property would remain staked with the easement.

Engineer Sterna stated the stakes would remain in place until they are removed by the property owner.

Councilmember Hovey asked if the fire hydrant on the north end of the road would be included in the project costs.

Engineer Sterna explained that the hydrant remained in the project and that casing underneath the road could be done in the future, but it was too costly to have MnDOT include it as part of their improvements on TH 110. He stated he would work with the Fire Department regarding placement of the hydrant as well as resolving turn-around issues with the emergency vehicles. He noted that having a fire hydrant at each end of the road may result in lower home insurance rates for property owners. He also reviewed the proposed outlet improvements and how that would improvement the lake level and the ponding issues at the south end of the road. He advised that the outlet improvement and the ability to regulate the flow would decrease the amount of water directed to Mendota Heights; he noted that this would require the City to amend the Joint Powers Agreement between the two cities.

Engineer Sterna stated he wished to conduct an Open House to review the easement documents with property owners at the Mendota Heights Fire Department on November 16, 2017 from 6:00 to 7:00 p.m. He asked the City Clerk to contact Mendota Heights to see if the Fire Hall is available on that date and time.

Clerk Iago stated she would contact Mendota Heights and suggested that if November is not available, the Engineer may wish to consider Wednesday, November 15, 2017 from 6:00 to 7:00 p.m. at St. Anne’s Church, just prior to the regular Planning Commission meeting as an alternate date.

c. Schedule Special Meeting to Conduct Consultant Reviews, December 5, 2017 at 5:00 p.m.: Clerk Iago explained that Council annually holds a special meeting prior to the regular Council meeting in December to conduct the Consultant Reviews. She referred Council to the prepared schedule for the reviews and asked that they schedule a special meeting at 5:00 p.m. for this purpose.


Councilmember Hovey moved to schedule a Special Meeting on Tuesday, December 5, 2017 at 5:00 p.m. to conduct the annual Consultant Reviews, seconded by Councilmember Wahlstrom and carried. (5-0)

d. Consider Joint Powers Agreement with West St. Paul, South St. Paul, and Mendota Heights to Hire Recycling Coordinator: Clerk Iago referred Council to the proposed Joint Powers Agreement (JPA) with the cities of West. St. Paul, South St. Paul, Mendota Heights and Sunfish Lake to provide Recycling Coordinator Services. She explained that Dakota County had increased the amount of the grant monies for each of the cities due to the fact that several additional requirements are now included in the grant application. She distribute the proposed Sunfish Lake Budget/Expense Sheet for 2018 and stated that the grant funds would cover the costs for utilizing the Recycling Coordinator Services and also provide funds for Sunfish Lake to meet the requirements outlined in the proposed 2018 Grant Application and Work Plan. She explained that the remaining cities are also presenting the agreement to their elected officials and that she would place the 2018 Recycling Grant Application on the December meeting for Council action.

Clerk Iago advised that she had sent the JPA to City Attorney for review and noted that one of the attorneys from his law firm represents West St. Paul and had prepared the document.

Councilmember Hovey asked if the City Attorney had reviewed the document.

Attorney Kuntz stated he had not reviewed the document, however, in his opinion it should be a standard format and he would review it prior to submitting it to the other cities.

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


Councilmember O’Leary moved to approve the Joint Powers Agreement to Provide Recycling Coordinator Services between the cities of West. St. Paul, South St. Paul, Mendota Heights and Sunfish Lake, seconded by Councilmember Bulach and carried. (5-0)

e. Consider Resolution Designating Polling Location for 2018 Primary and General Election: Clerk Iago referred to her memorandum and explained that under new legislation Minnesota State Statutes requires the City to designate the polling location for the 2018 Primary and General elections prior to December 31, 2017. She asked that Council adopt the proposed resolution attached to her memorandum which designates St. Anne’s Episcopal Church as the 2018 polling location.

Mayor Williams asked if there were any questions and there was no response.

Councilmember O’Leary moved to adopt Resolution No. 17-19 titled, RESOLUTION DESIGNATION POLLING PLACE FOR THE 2018 PRIMARY AND GENERAL ELECTIONS, seconded by Councilmember Hovey and carried. (5-0)

f. Discuss Dumping Issue on Ed Keenan Property at 56th Street West: Mayor Williams explained that he was contacted by Ed Keenan, property owner on 56th Street West, regarding dumping on his property. He stated that the property is not occupied at this time and Mr. Keenan asked if the City could assist with measure to secure the property.

Chief Shaver questioned if the dumping was being done consistently and advised that the Police Department could install trail cameras in an attempt to identify persons dumping on the property.

Mayor Williams asked if the Chief could contact Mr. Keenan to discuss this matter and Chief Shaver agreed to do so.

g. Other: South Robert Trail Closing: Mayor Williams explained that he had concerns regarding the upcoming closing of South Robert Trail in conjunction with the new Lennar Homes addition being constructed in Inver Grove Heights. He explained that the closing would affect his access to South Robert from his home on Acorn Drive and he was also concerned about the traffic burden the project may place on Salem Church Road. He commented that it appears the City of Inver Grove Heights does not care how the project would affect traffic in Sunfish Lake. He also noted that TH 3 is under the control of MnDOT and that Sunfish Lake has no jurisdiction over the road. He asked if the City Engineer for his opinion as to what type of safety and/or access issues the City should raise with MnDOT and if any relief would be possible. He commented that the good news relates to the installation of a fire hyrant at South Robert Trail and 60th Street which would benefit property owners in that area.

Engineer Sterna explained that the average home generates 8 to 10 car trips per day, which equates to 1,000 additional vehicles on the road. He stated he would contact Jon Solberg with MnDOT to obtain information on the project and advise him of the City’s concerns relating to traffic safety. He offered to report to Council at the December meeting.

The Mayor also noted that a traffic circle is proposed at the intersection of 70th Street and TH 3 in Inver Grove Heights.

Treasurer Lanoue commented that the Vikings new training facility in Eagan may also increase traffic and that it is her understanding 70th Street could be widened to a 4-lane road to accommodate the traffic from new home construction.

The Mayor commented that he was not as concerned about the Vikings facility and it was his opinion that traffic from the new training facility would most likely travel to the west from the facility.

Mayor Williams asked if there was any further business.

Liz Lee, 315 Salem Church Road, commented that the deer hunt appears to be continuing for a long period of time and asked how long the deer hunt would continue.

Mayor Williams explained that the deer hunting season had not changed from previous years. He stated that the DNR advised they City there are too many deer within such a small land area within the City. He commented that the MetroBow Hunters conduct their hunt on public land, Musser Park, and only on residential properties that have been approved by the Police Liaison officer. He noted that residents are also allowed to hunt on parcels larger than 10 acres and with permission from property owners and that all hunters must be certified to hunt. He pointed out that all hunters use only bow and arrows and must hunt from a deer stand.

The Mayor also advised that the dates and times the MetroBow Hunters are in the City are posted at Musser Park.

Liz Lee explained that the sign at Musser Park states they will be hunting between October 15 and December 31, but doesn’t list the times they are actually hunting in the area.

After discussion, Council concurred that the signage at Musser Park should be posted on the specific days that hunting occurs and should specify that “Hunting is on Progress” on the days that it occurs.

Councilmember Hovey commented that Council agreed to authorize a 3-year contract in order to maintain continuity for the deer hunt.

Liz Lee stated that she saw an 8-point buck in a driveway that was struggling for breath and she called police, but the deer was gone prior to their arrival. She commented that if the purpose is to cull the herd, it may be better to feed them so that they gather in that place and then conduct the hunt.

Councilmember Hovey advised that it is not legal to feed the deer and that deer are smart and would not gather for feeding once the hunt occurred.

Forester Nayes explained that he may have injured the 8-point buck, but could not find the deer after he shot the arrow. He apologized for any distress this may have caused.

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


9. ADJOURN: Mayor Williams adjourned the meeting at 9:45 p.m.


____________________________ ________________________________

Catherine Iago, City Clerk Richard A. Williams, Jr., Mayor