SUNFISH LAKE CITY COUNCIL MEETING – APRIL 6, 2010

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

 

Attendants:

 

      Acting Mayor:  Cathy DeCourcy

      Councilmembers:  Judy MacManus, Richard Williams and Roger Conant.

      City Attorney:  Tim Kuntz

City Building Official: Russ Wahl
City Planner:  Laurie Smith

      City Forester: Jim Nayes

      City Engineer:  Tim Hanson and Engineer Todd Hubmer

      City Treasurer:  Mike Blair

City Clerk:  Cathy Iago
Police Chief Manila Shaver
     and Members of the General Public.

      Mayor Molly Park was absent.

1.   CALL TO ORDER:  Acting Mayor Cathy DeCourcy opened the meeting at 7:00 p.m. She asked that the group observe a moment of silence for former Councilmember Joel Bennett and residents Michael Mossbrugger and Hanna Barrett.

2.   APPROVE AGENDA:       Acting Mayor DeCourcy asked if there were any additions or corrections to the agenda and there was no response.                     

Councilmember Conant moved approval of the Agenda, seconded by Councilmember Williams and carried.  (4-0)

  

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

Councilmember Conant noted that the List of Bills included an invoice for registration of the website domain for the City. He pointed out that the City should not have to pay a fee for registration and that he believes the City may obtain the domain registration for free.

Treasurer Blair stated he has not mailed the check and that the bill was not submitted by Mike Hovey, the website manager.

Councilmember Conant asked the Treasurer or website manager to check into obtaining the website domain at no cost to the City and offered to provide them information relating to the subject. 

Acting Mayor DeCourcy thanked Councilmember Conant for this information.

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

Councilmember MacManus moved approval of the Consent Agenda, seconded by Councilmember Williams and carried.  (4-0)

 

a.      Regular Council meeting minutes of March 2, 2010.

b.      List of Bills

c.       Monthly Financials

4.   COMMENTS FROM THE PUBLIC:   Lynette Olson, 2180 Charlton Road, explained that she plans to be married this summer and questioned how she could obtain permission to be married on the island located on Sunfish Lake. She asked if the City would grant her permission to conduct the wedding on the island.

Councilmember Conant commented that he believes the island area is private property and used to be owned by the Murray family and that he was unsure of the new owner’s name.

Clerk Iago explained that the City could not grant permission for the marriage on private property and that Ms. Olson should contact the property owner.

Ms. Olson thanked Council for the information.    

5.   PUBLIC HEARING/PRESENTATION:

a.   PUBLIC HEARING: 
Review Storm Water Pollution Prevention Program (SWPPP) and Comprehensive Storm
Water Management Plan.


Acting Mayor DeCourcy opened the public hearing for the purpose of reviewing the Storm Water Pollution Prevention Program (SWPPP) and Comprehensive Storm Water Management Plan and to receive public comments. She asked the City Engineer to present his report.

Engineer Hanson introduced Engineer Todd Hubmer who works in the Water Resources Department for WSB Engineering.

Engineer Hubmer distributed informational packets for relating to the Phase II National Pollutant Discharge Elimination System (NPDES) Permit. He explained that he is very familiar with Sunfish Lake and has conducted water quality testing on the lake in the past. He stated that the permit must be renewed annually and that City is required to conduct an annual public hearing to educate the public on the permit requirements and to receive public comments. He advised that the City is also required to have Best Management Practices and he reviewed the six minimum control measures undertaken annually; 1) public education and outreach, 2) public participation and involvement, 3) illicit discharge detection and elimination, 4) construction site stormwater runoff control, 5) post-construction stormwater management, and 6) pollution prevention and good housekeeping for municipal operations.

Mr. Hubmer noted that most of the requirements are established for cities much larger than Sunfish Lake. He explained in response to the control measures, the 2009 achievements include posting information on the City website, establishing the Environmental Committee, inspection of three (3) construction sites, implementing IDDE inspection and recordkeeping procedures, conducted pond inspections and completed street sweeping. He noted that 30 percent of the outfall and pond inspections were completed and that they plan to finish the inspections over the summer this year.
 
Engineer Hubmer reviewed the 2010 MS4 objectives; expand public outreach and stormwater related programming through the Environmental Commission; post stormwater related articles on the City’s website and conduct the Arbor Day clean-up activities. He explained that the City would respond to any comments received this evening and then finalize and submit the 2009 Annual Report. He noted that the City will continue to implement specific Best Management Practices (BMP’s) until May 31, 2011 under the current permit. He also explained that staff would attend MPCA Stakeholder meetings, revise the SWPPP per new requirements and apply for permit coverage and monitor proposed new regulations that would be implemented in 2012. He pointed out that next year the City may have to address Sunfish Lake being placed on the list for impaired waters and prepare a TMDL (Total Maximum Daily Load) study

Engineer Hubmer offered to respond to any questions or comments from the Council.

Councilmember Conant questioned why the 2009 Annual Report is posted on the website, but the public hearing is being conduct in 2010.

Engineer Hubmer explained that the City is conducting the public hearing in 2010 to discuss and review the activities that were conducted in conjunction with the 2009 permit. Engineer Hanson pointed out that the report on the website is actually the 2008 Annual Report and that the City is currently working to finish the 2009 report.
Acting Mayor DeCourcy opened the public hearing to receive comments from the audience and there was no response.

Councilmember Conant moved to close the public hearing, seconded by Councilmember Williams and carried. (4-0) 

Council thanked the Engineers for their report.    

b.   Report from Airport Noise Oversight Committee Member Gretchen Keenan:  Acting Mayor DeCourcy introduced the Airport Noise Oversight Committee member Gretchen Keenan who was present to report to Council on the committee’s activities.

Ms. Keenan distributed informational materials and explained she would classify this as her first annual update of the committee’s activities. She stated the topics for discussion in her report include the City’s role in the Noise Oversight Committee, Equitable Runway Use, R-NAV, and the MSP Long-term Comprehensive Plan. She stated she was appointed last April to serve as an At-Large member of the committee and has no voting privileges. She advised that there are six (6) second ring cities that participate in the group; Apple Valley, Inver Grove Heights, St. Louis Park, Burnsville, Mendota Heights and Sunfish Lake. She stated that she was also invited to participate in the Mendota Heights Airport Relations Commission monthly meetings by Chair Liz Petschel.  She stated that the voting representative for the group is Apple Valley Councilmember John Bergman

Ms. Keenan explained that in September of 2009, the City of Mendota Heights notified MAC of the nighttime disproportionately high usage of the runway over Mendota Heights and Sunfish Lake versus the City of Eagan. She explained that the response from MAC was that most jets were parked on Concourse A next to the runway and that it would be a waste of fuel from them to taxi to a different runway. She advised that shortly after being contacted by Mendota Heights the usage of the runways became more equitable; she commended the City of Mendota Heights for monitoring such situations.

Ms. Keenan explained that the committee has been discussing the use of R-NAV, which is computerized navigation of planes that utilizes “Crossing in the Corridor”. She pointed out that rather than having the planes takeoff over Mendota Heights and Sunfish Lake residential areas, the plane would be sent over the I-494/35E intersection. She stated this would be used during non-peak day and evening hours and that the use of R-NAV is currently being reviewed by the FAA, but the committee anticipates approval being granted.

Ms. Keenan explained that MSP is currently working on their draft 2030 Long Term Comprehensive Plan and conducted public meetings in February, 2010 to solicit comments. She noted that the City of Sunfish Lake submitted comments via the letter she submitted for Council approval and that all six cities worked together to submit consistent comments. She noted that MSP is planning an additional investment of $2.4 billion dollars; she noted that the anticipated capacity for the airfield is at 98.5% and that planning for a new runway should start at approximately 70% capacity. She explained that the group has not addressed the projected additional roadway congestion or a third parallel runway. She also noted that there would be a significant increase in noise from the current levels as fanning of the airplanes would affect both Mendota heights and Sunfish Lake.


Ms. Keenan reviewed the concerns relating to MAC lobbying or land-banking for a third parallel runway; she pointed out that much of the surrounding land near the airport is owned by the Federal Government. She then reviewed the next steps planned and explained that the City of Minneapolis representative has recommended meeting with representatives of the Met Council, lobbying members of the legislature, and sending letters to State Representatives outlining the cities concerns and making them aware of the issues. She advised that the Mendota Heights group has been in contact with Representative Rich Hanson regarding the proposed 3rd parallel runway and how the noise increase would affect the cities of Mendota Heights and Sunfish Lake. She commented that she believes Representative Hanson could be a strong advocate for both cities.

Ms. Keenan offered to respond to questions.

Councilmember Conant pointed out that he had served on the committee several years ago and, in his opinion, the group appeared to be largely influenced by the airlines concerns.  Ms. Keenan indicated that may be the case however; the airlines do not have a voting member on the committee. She pointed out that Councilmember John Bergman from Apple Valley works for Delta Airlines.  

There was discussion relating to the number of runways currently operating and if they violate the FAA spacing regulations and also areas of land where an additional runway could be located.  Ms. Keenan commented that an additional runway would the have a negative impact on land values and quality of life for Mendota Heights and Sunfish Lake residents. She noted that the Mendota Heights group has been monitoring these issues very closely.

Council thanked Ms. Keenan for her report.  
 

6.   PLANNING COMMISSION/PLANNER’S REPORT:        Planner Smith stated that the Planning Commission had reviewed and discussed a proposed update to the City’s Sign Ordinance at their March 10 meeting. She explained that the Commission favored the new language proposed and requests that Council set a public hearing for adoption of the proposed new Sign Ordinance at the next available Planning Commission meeting. She advised that a copy of the proposed new Sign Ordinance language, along with a cover memorandum outlining the changes, was sent to Council for their review and comments.


The Planner stated the proposed updated ordinance does not allow or prohibit anything different from the preceding ordinance, but it does spell out more definitively the regulations. She stated it does not provide specific regulations relating to content of signs; she explained that most cities are removing sign “content” regulations to deter legal challenges to their ordinances. She noted the signs are regulated by size and location.

Councilmember Williams asked if electronic signs are prohibited and the Planner responded yes; she noted that the proposed ordinance also prohibits signs over 100 sq. ft. and this was based on the size of this community.

Acting Mayor DeCourcy questioned if real estate signs are regulated. The Planner responded that they are regulated by size and location.

The Acting Mayor questioned if the real estate signs would be prohibited if they are placed along Highway 110 and not on private property. Planner Smith stated they could not be placed in the right-of-way along the Highway and would have to be on private property.

Acting Mayor DeCourcy displayed a sign she had taken that was placed on Charlton Road in the right-of-way that displayed information supporting nurses. Planner Smith explained that this type of sign could be placed on private property, but not on public right-of-way; she noted that signs found in the right-of-way are usually removed and kept at some location for pick-up after the property owner is notified.

Councilmember Williams asked for a definition of temporary signs and if real estate signs are considered temporary signs. Planner Smith explained a temporary sign is normally used for events at the churches such as summer camps or concerts; she advised that real estate signs are not considered temporary signs.

Attorney Kuntz questioned if a 6 sq. ft. sign that is placed on private property, such as the one found by Acting Mayor DeCourcy, has a time restraint or if it could remain forever. Planner Smith responded there is no time restraint for that type of sign; however, there are regulations regarding the condition of the sign and enforcement to remove it if it becomes unsightly.

Councilmember Conant commented that in his opinion a 100 sq. ft. sign is not acceptable. He stated that in his opinion the City should not allow 100 sq. ft. signs or even 50 sq. ft. signs. Planner Smith explained that the 100 sq. ft. sign use is currently limited to institutional buildings and districts. 

Councilmember Conant noted that North Oaks does not permit real estate signs and that the main issue is that these signs remain on the property after the house is sold.
Councilmember Williams commented that under this ordinance it would be illegal for the sign to remain once the house is sold and that it should be removed within a reasonable time period; he pointed out that there are clear limitations stating that signs cannot be attached to the building and cannot direct persons to another location.

Councilmember Conant stated that in his opinion real estate signs should be named explicitly in the ordinance.

Councilmember MacManus advised that other signs advertising businesses remain on private property after renovations are completed.

Councilmember Conant commented that the ordinance should address real estate signs explicitly and should not encourage larger signs.

Councilmember Williams pointed out that there may be constitutional legal limitations for the ordinance language and noted that although a 100 sq. ft. sign is large, most likely will not be any future churches constructed in the City.

Attorney Kuntz advised that at some point there is language relating to when the sign ceases to function as a sign, however; he pointed out that prohibiting all signs creates constitutional issues.  

Councilmember Conant suggested limiting the size of the signs in institutional districts. Councilmember Williams agreed and asked how small they could be.

Acting Mayor DeCourcy suggested Council review the North Oaks ordinance. Councilmember Conant agreed and suggested reviewing other cities as well to find something more modest.

Planner Smith explained that the Commission reviewed ordinances from the cities of Medina and Excelsior as well and noted that the 100 sq. ft. size is what is listed in the current Sunfish Lake ordinance. She advised that the size regulation may be changed by Council.

Councilmember Conant suggested that the Planner review other cities ordinances to find one with more restrictive sign size for institutional districts.

Councilmember Williams agreed and suggested it be as unobtrusive as possible without creating a constitutional liability for the City.  He further suggested that the Planner should review the current signage in the City to determine if something smaller would be more appropriate.

Councilmember MacManus stated that she wished to have real estate sign regulations defined and include a time period for their removal. She asked if a permitting process could be used.

Planner Smith stated that she in unaware of any City that requires permits for real estate signs and indicated that such a regulation would not be well received by realtors.

Councilmember Williams asked if there was a method to ensure enforcement of their removal possibly linking the removal of the sign to the closing date for the property. Planner Smith agreed a time period could be included.

Acting Mayor DeCourcy suggested tabling this matter to the April 21 meeting so that discussion could continue with the Planning Commission. Council concurred.

Councilmember Conant asked that the Planner review other ordinances relating to the issues discussed this evening and prepare information for the meeting.         

Council thanked the Planner for her report.

7.   INSPECTOR’S REPORTS: 

 

a.   Building Inspector:        Inspector Wahl stated he conducted three (3) inspections in March and that no permits were issued. He explained that he noticed a fire on a property on Upper 55th Street and stopped to advise the property owner a burning permit was necessary; he explained that he found the septic system needed to be pumped and that six unrelated persons are renting the property. He noted the gentlemen living there are contract employees working to install cable for Comcast and they are all from out-of-town.

Councilmember Conant asked if it was legal to rent property under the City Code.

Councilmember Williams commented that he was under the impression property could be rented but to no more than four unrelated persons.

Chief Shaver stated his department has checked on the property on occasion.

There was discussion relating to the legalities of renting property within the City.

Chief Shaver offered to review the issues relating to this property with the City Attorney and the Planner and report back to Council.

Council thanked the Inspector for his report.

 

b.   City Engineer:   Salem Church Road Reconstruction:  Engineer Hanson stated he has nothing to report on the project.

NPDES Annual Public Hearing:  Engineer Hanson advised that the annual public hearing for the National Pollutant Discharge Elimination System (NPDES) MS4 Permit was conducted and that the public notice for the hearing was published in the Southwest Review and posted on the City website. The City’s Surface Water Pollution Prevention Plan (SWPPP) is also posted on the website and a copy of the Power Point presentation was distributed to Council prior to the meeting.
   
Public Works Activates Undertaken in the Month of February: Street Snow Plowing:  Engineer Hanson advised there was no snow removal activity during the month of March.

Street Conditions: The Engineer advised there are a few potholes on the east end of Salem Church Road and one at Salem Church Lane and Salem Church Road. He stated these areas will be repaired when bituminous mixture is available. He noted the City streets have maintained their condition this spring.

Spring Load Limit Postings:  Engineer Hanson stated the spring load limits were posted on City streets on March 8. He explained the load limits are 5-tons per axle for all streets, with the exception of Charlton Road whish is a 4-ton per axle limit. He advised the limits will stay in effect until late April or the first part of May, depending on weather conditions.

Street Sweeping:  The Engineer stated spring sweeping of streets needs to be completed during the month of April and that quotes were solicited from four (4) firms to complete street sweeping. He advised that three (3) quotes were received and would be reviewed later on the agenda.

Safety Debris: Engineer Hanson stated that safety cones, a flasher and a small sandwich board were discarded in the middle of Charlton Road. He explained these items were collected and are being stored by the City Forester; he noted the items could be useful in the future.

Clean Water Fund Opportunity: The Engineer advised that Councilmember Williams sent him information on a grant program identified as the Clean Water Fund Opportunity is being offered by the DNR. He stated these funds are eligible to cities with existing TMDL requirements, projects identified in comprehensive plans, and that deal with water quality. He noted that Sunfish Lake’s Comp Plan identifies future studies, for which data collection is currently being obtained through the CAMP Program, and capacity issues. He noted that once the TMDL is completed, the City could move forward and that he is confident there will still be grant monies available in the future. At this time there are no projects which would meet the criteria identified for the grant.

Anticipated Engineer Activities for the month of April: 

  -   Street Sweeping
  -   Removal of road restriction on City streets
  -   Identifying potential improvement needs

        -   Blade Charlton Road

Acting Mayor DeCourcy questioned where the temporary speed bump is stored and if it could be placed on Angell Road per request from a resident.  Engineer Hanson explained it is being stored at Pine Bend Paving and agreed to have the speed hump placed on Angell Road.

The Engineer advised that Councilmember Conant had advised him of some changes on the recently distributed City map; he explained that the map is constantly changing and asked that any other discrepancies be sent to him.

Councilmember Conant questioned how the dates are determined for placement and removal of the spring load limits. Engineer Hanson responded that MnDOT determines those dates.

Councilmember Conant advised that he recalls signs being placed on Sunfish Lane and asked if the road could be posted.

Engineer Hanson stated he was not aware of placement of the signs on private roads and offered to do so if Council requests it; he questioned if other private roads would be posted upon request from residents.

Councilmember Conant commented that he does not believe it is an unreasonable request and noted that there are springs under Sunfish Lane.

Councilmember MacManus commented that it should be the responsibility of the homeowners to place the signs on their private roads.

Councilmember Williams questioned if there would be any legal prohibition for posting private roads.

Attorney Kuntz explained that the City would not have any enforcement ability if the signs are placed on private roads.

Councilmember Conant disagreed and noted that police have the ability to pursue other types of traffic violations on private roads; he noted that the City receives a substantial financial savings with private roads.

Councilmember Williams suggested that formal action be taken on the matter and that it be uniform for all private roads.

Councilmember Williams moved that upon request from the property owner, the City would post and remove spring load limits signs on private roads at the same time they are posted on public roads, seconded by Councilmember Conant and carried. (4-0)
     

c.    CITY FORESTER:  Forester Nayes reported that he issued three (3) Burning Permits in March and then found
there was a burning ban imposed by the State due to the dry weather; he stated that he contacted the individuals and extended the permits to May.

Mr. Nayes stated that the City was awarded Tree City status.
Councilmember Conant questioned what the status means other than placement of a sign in the City. Mr. Nayes explained it is merely symbolic and shows the City cares about trees.

The Forester explained that last week he worked with a crew of twelve (12) “Sentenced to Serve” persons to cut Buckthorn in Harmon Park and next week he plans to use the crew in Musser Park to remove old barbed wire.

Mr. Nayes advised he attended an Emerald Ash Borer seminar and had an opportunity to shave bark from an infested tree; he noted that the infestation is in the City of St. Paul, but has not yet reached Sunfish Lake.

The Forester stated that Arbor Day is scheduled on May 1 and trees will be available for purchase at Harmon Park; he explained that flyers were distributed within the City regarding the event.

Councilmember Conant stated he did not receive a flyer and the Forester offered to send him one.

Attorney Kuntz advised that he had been in contact this morning with an attorney representing the Land Trust for Musser Park regarding obtaining access to the park from Salem Church Road; he apologized for not having a written report prepared. He explained that the attorney for the Land Trust advised they believe it will require an amendment to the Conservation Easement and that such requests are usually approved due to public safety needs. He explained that the attorney asked for the following information prior to processing the request; 1) a statement as to other attempts by the City to gain access from private property or other government entities; 2) justification of public safety needs; and, 3) a site plan showing the access point, parking, landscaping, improvement with bituminous or gravel, signage, etc.  He further noted that the Land Trust is very serious in their wish to keep the area as open space and therefore, they want specific information relating to the City’s request and what the City proposes for use of the parking area.

The Attorney explained that if the City wishes to pursue the matter, it would be necessary for staff to compile this information prior to submitting the request.

Councilmember Williams suggested placing this matter on the April 21 meeting for further discussion.

Councilmember Conant asked if the Forester would be conducting the inspection for Garlic Mustard along Sunfish Lane and the Forester responded yes.          

Council thanked the Forester for his report.

d.   PUBLIC SAFETY:   Chief Shaver reviewed the Public Safety report and explained that he had given the deer hunt report to Councilmember Williams to present later on the agenda. He commended residents for contacting the police department when they viewed suspicious activities in the City. 

The Chief noted that there was an incident with out-of-state solicitors selling magazine and that all occupants were sent to jail; he advised the City has a “No Solicitation” ordinance. 

Councilmember Conant noted that some residents post “No Solicitation” signs and asked if that is used in conjunction with a “No Trespassing” sign for enforcement. The Chief responded that both signs should be posted on private property for enforcement.

Council thanked Chief Shaver for his report.  

           

8.   NEW/OTHER BUSINESS:             

a.                      Consider Award of Street Sweeping Contract:   Engineer Hanson advised he had solicited four quotes for the street sweeping project and three quotes were received. He stated that Reliakor Services was the lowest responsible bidder and that the price was somewhat higher than last year, but similar to quotes received in past years. He noted that Reliakor completed this work last year and did an acceptable job.
The Engineer recommended awarding the street sweeping contract to Reliakor Services in the amount of $975.00.

Councilmember Williams asked if the bid includes removal of the sweepings and the Engineer responded yes.


Councilmember Conant pointed out that the quote was for one event of street sweeping and asked if additional events would be required. Engineer Hanson explained that each time the sweeper is used it would cost $975.00. He stated that some cities conduct street sweeping in the spring and fall, however; Sunfish Lake only uses the equipment in the spring.   

Councilmember Williams moved to award the 2010 Street Sweeping Contract to Reliakor Services in the amount of $975.00, seconded by Councilmember MacManus and carried.  (4-0)

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

b.                      Consider Resolution Memorializing the City’s Approach to Anticipated Emerald Ash Borer (EAB) Infestation:   Forester Nayes explained that the proposed resolution provides directives to residents on how to deal with the infestation of Emerald Ash Borer (EAB). He asked that Council consider adoption of the resolution.

Councilmember Conant noted that Item 2 requires a public tree inventory and he questioned what it would cost and why it is necessary. Forester Nayes explained he is unsure of the cost; however, he suggested there may be grants available. He noted that the survey would include public streets and parks.

Councilmember Williams questioned if there are any enforceable obligations with the passage of the resolution.

Attorney Kuntz explained that most of the language utilizes verbs such as “encourage” or “discourage”; he suggested that language could be added at the end of Items 2 and 5 to read; “No expense shall be incurred without prior Council approval”.

Councilmember Conant asked who pays for the removal of the trees from private property. Mr. Nayes explained that the resolution only applies to trees found on City property. He pointed out that the inventory of Ash trees in Musser Park took approximately two (2) hours to complete.

Councilmember Williams suggested inserting the word “public” after the word City under Item 5 so it is similar language to Item 2.

Acting Mayor DeCourcy questioned why a tree would be removed if it is not diseased. The Forester explained that most of the larger Ash trees are located on private property and if the owner wishes to save the larger trees it is possible to treat them with chemicals. He noted that in order to be more successful in controlling the infestation, it would be helpful to reduce the potential host trees as the budget allows; he pointed out this is a preventative measure to help reduce costs by doing it over a longer period of time versus attempting to cut down all the trees once they are infested.

Councilmember Williams agreed and pointed out it would also be wiser and less costly to reforest over a longer period of time.  He noted that residents should be advised of the information.

Attorney Kuntz suggested that language be inserted under Items 2 and 5 stating that Council approval is required prior to any expenditures and that Item 5 include the word “public after the word “City.  The Clerk stated she would make the necessary changes to the resolution.        

Councilmember Conant moved adopt
Resolution No. 10-09 titled, RESOLUTION MEMORIALIZING THE CITY OF SUNFISH LAKE’S APPROACH TO ANTICIPATED EMERALD ASH BORER (EAB) INFESTATION with changes as recommended by the City Attorney under numbers 2 and 5 , seconded by Councilmember Williams and carried. (4-0)

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

c.                      Review Draft Agenda and Schedule Special Joint Council/Planning Commission Meeting:   Acting Mayor DeCourcy asked Council to review the draft agenda prepared by Mayor Park for the upcoming joint meeting with Council and the Commission. She noted that two additional items had been added for discussion during the meeting; the proposed Sign Ordinance and obtaining public access to Musser Park from Salem Church Road.  She asked if there were any additional items Council wished to place on the agenda.

Councilmember Conant requested that WSB’s performance be included on the agenda.

Councilmember Williams commented that he agrees this matter should be discussed because Councilmember Conant continues to raise the issue, however; he expressed concern that it would be a lengthy discussion and extend the study meeting.

Councilmember MacManus stated that she was not comfortable discussing WSB at the study meeting and preferred to have an additional meeting dealing only with that issue. Acting Mayor DeCourcy agreed.

Councilmember Conant stated he was agreeable to discuss the matter at a separate meeting as long as the meeting was scheduled.

Council concurred that it would be more appropriate to conduct a separate meeting to discuss this matter and that it would be scheduled in the future.

Acting Mayor DeCourcy asked for a motion to schedule a Special Joint Council/Planning Commission Study meeting on April 21, 2010 at 7:00 p.m. to discuss the items listed on the draft agenda.

Councilmember Williams moved Special Joint Council/Planning Commission Study meeting on April 21, 2010 at 7:00 p.m. to discuss the items as listed and added this evening, seconded by Councilmember MacManus and carried. (4-0)

Attorney Kuntz questioned if staff should attend the special meeting. Councilmember Williams stated it was his understanding that staff would not be present as some items may pose a conflict of interest for the attorney. He suggested that it may be possible to change the order of items on the agenda to accommodate staff attendance. 

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

d.                      Report on Deer Hunt:  Councilmember Williams reported that only one objection to the hunt was received and that overall it was a qualified success. He noted that the hunt started slow, but the additional week extension was successful; he explained that seven deer were taken and that all does taken were pregnant, with a total of six fetuses, therefore reducing the population by approximately 20. He explained that the City is now required to file documentation of the hunt. He explained that there may be a need to further reduce the herd and that Council should address that issue by the end of summer. He advised that the hunters kept a daily log showing the number of deer shots taken.

Councilmember Williams explained that there was statement submitted for the corn used for bait in the amount of $102.00 and that Council should authorize payment of this expenditure.

Councilmember Williams commended the hunters for their professionalism and for their cooperation with all aspects of the hunt including set-up, notification to residents and removal of the deer carcasses. He advised that Officer Muellner’s assistance was invaluable; he commended his community relations efforts and coordination with the hunters.  He noted that Officer Muellner also dealt with the one resident objecting to the hunt. He offered to provide copies of the report to Council if requested.


Councilmember Conant asked if there were any recommendations for next year’s hunt. Councilmember Williams advised it was suggested that the City begin the process earlier and that it may be possible to get permission from some of the contiguous property owners near Musser Park to expand the hunting area.
Acting Mayor DeCourcy asked if there were any further questions or comments and there was no response.

Councilmember Conant moved to authorize payment of the $102.00 statement for bait, seconded by Councilmember MacManus and carried. (4-0)

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

Miscellaneous:  The Forester referred to the Planner’s report which stated that the Planning Commission had recommended the City purchase a few copies of “Minnesota Invasive Non-Native Terrestrial Plants” – a reference guide published by the Minnesota DNR that includes descriptions and color photos of invasive plants and control options. He explained that the reference books would be kept on file at his office for use by residents and advised that he has a copy available for Council review. 

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

9.   ADJOURN:           Councilmember Conant moved for adjournment at 9:00 p.m., seconded by Councilmember MacManus and carried. (4-0)     


____________________________                                              ___________________________

Catherine DeCourcy, Acting Mayor                                               Catherine Iago, City Clerk