7:00 P.M. - ST. ANNE’S EPISCOPAL CHURCH Attendants: Mayor: Molly Park Councilmembers: Mike Hovey, Cathy DeCourcy, and Steven Bulach. City Attorney: Tim Kuntz City Engineer: Don Sterna City Treasurer: Ann Lanoue 1. CALL TO ORDER: Mayor Park opened the meeting at 7:00 p.m. 2. APPROVE AGENDA: Mayor Park asked if there were any additions or corrections to the agenda and there was no response. 3. CONSENT AGENDA: Mayor Park asked if there were any questions or comments relating to any items on the Consent Agenda and there was no response. 4. COMMENTS FROM THE PUBLIC: Mayor Park asked if there were any comments from the public and there was no response. 5. PRESENTATIONS: a. Parks & Public Lands Committee Recommendations: Mayor Park stated that the Forester and Parks & Public Lands Committee Member Dan O’Leary were present to review the committee recommendations. She explained that Council had asked the City Forester to provide a 5-year plan for City parks and a committee was formed to review the current park regulations and discuss future use of the parks. Mr. O’Leary explained that recently there had been an influx of outside persons using one of the parks and the committee noted that although people cannot be kept out of public spaces, the City does not have to "advertise" use of the parks. He advised that the committee discussed possible enhancement to the parks, but not to the extent that those enhancements make them a destination for non-residents. He explained that the committee did not support providing off-street parking areas as this would increase City costs for maintenance and police patrols, and it was determined that it would be best to keep these public areas as "hidden gems". He advised that the committee determined the overall public lands management theme should further the desire of residents for a community landscape which respects privacy and the need for safety and good communication. Develop a native flower planting demonstration along Salem Church Road to showcase how good native flowers can look and installation methods needed to be successful. Musser Park: Install small signs (approx. 16" X 24") at each end of the walking trail, within the woodland, not near the road, identifying both the park and park rules. A large sign to identify the park is not recommended. Harmon Park: 1. Remove the large damaged Harmon Park sign and do not replace. A large sign to identify the park is not recommended. 2. Install a large boulder with an engraved plaque to commemorate the gift of the park from the Harmon family. 4. Install one small sign (approx. 16" X 24") along the access trail, within the woodland and out of sight from Angell Road, identifying both the park and park rules. - Continue to plant new trees on City public lands. The north mowed meadow in Musser Park; the SE area between Salem Church Road and Highway 494; along with forested areas opened up by storms, tree diseases, invasive species management, and insect infestations are recommended for new trees. - No changes or enhancements are recommended for the MN DOT area at the NE corner of Sunfish Lake adjacent to Highway 110. - Larger sized trees (i.e. #10 potted or similar) are recommended and they should be selected to encourage the maximum tree diversity possible for each site. The committee is comfortable using native species and non-invasive, non-native species if this allows greater tree diversity. - Use maximum species diversity possible for new tree plantings. - Planting native fruit and nut trees in the parks for wildlife is a good idea. - Continue to participate in the Tree City USA Program. - Reintroducing native plants onto public lands is recommended. - A public land tree inventory should be completed over the next 3-5 years. Mr. O’Leary commented that there was some input relating to traffic accessing the park from Highway 110 and that the neighbors indicated the signs may help deter use of the park. Mr. O’Leary suggested that the enhancements to the park could be done in stages, with removal of the old park sign being the first thing accomplished. 2) Revise the recommendation from the committee; i.e. take down the sign at Harmon Park and identify only action items for staff to implement; Attorney Kuntz stated he would send the current park regulations to Council and that the document could also be send to the committee and to interested residents. He indicated that this matter could be finalized at the June Council meeting after Council determines what actions are appropriate for each park. He advised that Council could direct him to provide documentation for formal action at the June meeting. Mr. O’Leary suggested that Councilmember DeCourcy discuss the signage with the neighbors and indicated that the committee would defer the recommendation for signage to the preference of residents in the area. 6. PLANNING COMMISSION/PLANNER’S REPORT: a. Planning Report: Mayor Park explained that Planner Brixius was unable to attend the meeting this evening and she referred Council to his report dated April 29, 2015. She noted that the Planner requested Council discuss a rezoning inquiry for the property at 32 - 55th Street. She asked the City Attorney to describe the proposal. 8. NEW/OTHER BUSINESS: a. Discussion of Possible Ordinance Regulation Concerning Major Tree and Brush Removal: Mayor Park summarized the recent events relating to the removal of brush and debris at the Harding property at 6 Acorn Drive. She stated that at the end of March she called a meeting with Kevin Huebschner, Forester Nayes, and Councilmember Bulach to discuss the frustration and aggravation communicated to the City by neighbors regarding the unfinished removal of brush piles on the property. She explained that Kevin was advised by the City Forester that the brush piles do not create a fire hazard at this time, however, the piles must be removed from the site. She further explained that the Forester had contacted Kevin and asked that he provide information to Council. Council concurred to move forward with obtaining the quotes and having the Mayor contact the property owner. Engineer Sterna stated that he required the Mayor’s signature on the CAMP water quality monitoring program. 9. ADJOURN: Councilmember Hovey moved for adjournment at 9:21 p.m., seconded by Councilmember Bulach and carried. (4-0) Catherine Iago, City Clerk Molly Park, Mayor
SUNFISH LAKE CITY COUNCIL MEETING – MAY 5, 2015
City Forester: Jim Nayes
Building Inspector: Mike Andrejka
Police Chief: Manila Shaver
City Clerk: Cathy Iago
and Members of the General Public.
Councilmember JoAnne Wahlstrom and City Planner Alan Brixius were absent.
Councilmember DeCourcy moved approval of the Agenda, seconded by Councilmember Hovey and carried. (4-0)
Councilmember Bulach moved approval of the Consent Agenda, seconded by Councilmember Hovey and carried. (4-0)
Committee Member Dan O’Leary stated that the committee had met on several occasions and had requested input from residents either by their attendance at the meetings, or via email or phone calls to committee members. He advised that as a direct result of citizen input and discussions during the meetings, the committee had prepared a draft of their recommendations for Musser and Harmon Park. He commented that in his opinion government works best when it is, as historically described, "of the people, for the people, and by the people,"
Mr. O’Leary stated that the committee determined that the City’s Parks and Public Lands should be managed and maintained in a similar fashion as to what historically had been done and the Forestry Work Plan should be followed with minor modifications and additions as specified in their report. He reviewed the recommendations as follows:
Mayor Park asked what language would be included on the sign.
Forester Nayes explained that he had not reviewed the City records relating to the donation of Harmon Park and that he could research the matter prior to recommending language for the plaque.
3. Install "No Parking Dusk to Dawn" street signs along the section of Angell Road adjacent to Harmon Park.
Mr. O’Leary explained that the signage would be used to enhance police enforcement and may assist with safety for residents by deterring the use of the park by non-residents.
Mr. O’Leary showed a draft of the sign and rules it contained and reiterated that it would be placed inside the woodland area instead of near the road. He noted the committee also recommended the following:
Mr. O’Leary advised that the committee added some additional recommendations as follows:
In summary, Dan O’Leary commented that he had served on various committees in his capacity as an attorney and that in his opinion Forester Nayes had done an incredible job in leading the Parks and Public Lands Committee and in taking notes of the meetings. He also commented the City Clerk on her recording keeping abilities.
Mayor Park thanked Mr. O’Leary for his presentation and on behalf of the Council, she commended the Forester and committee members for their excellent work.
Councilmember DeCourcy asked if Mr. O’Leary had walked the trail in Harmon Park. Mr. O’Leary responded that he had seen the trail and that he was unsure how often it was used, but he commented that it appears to be a trail young children could walk to observe nature.
Councilmember DeCourcy asked resident Ibby Hammett if she had seen the trail in Harmon Park. Ms. Hammett stated she had only seen the trail on Arbor Day when plantings were done in the park.
Councilmember DeCourcy explained that she was asked to speak on behalf of her neighbors who live close to Harmon Park and they advised they do not wish to have no parking signs placed in the area and they preferred that the City remove the Harmon Park sign. She indicated that the residents expressed the thought that the lack of any kind of signage would limit access to the park by non-residents.
Mr. O’Leary pointed out that the committee recommendation was based on the conclusion that the signage would be useful for police enforcement of parking and use of the park after dusk.
Chief Shaver agreed that the no parking signage would be useful, but indicated that he would support whatever Council determines is reasonable.
Mr. O’Leary agreed that Council should decide what it done, but he noted that the committee listened to citizen input relating to deterring use of the park and the installation of signage seemed best to solve the problem.
Mayor Park stated that she lives in the area but she was unaware that there was a problem with use of Harmon Park until the issue was raised at a meeting.
Councilmember Hovey recalled that some neighbors expressed concern about recent thefts from vehicles, lights from cars shining into their homes and parking near the park after hours; he asked what the committee recommended to deter their concerns.
Councilmember DeCourcy stated it is her opinion that removal of the Harmon Park sign would be a huge deterrent. She pointed out that she witnessed fireworks in the park after the trails were installed.
Mayor Park commented that she supports the idea of the signs being installed deeper in the park versus at the entrance.
Mr. O’Leary displayed the sign that shows the rules for the parks and explained that posting the rules would assist with police enforcement.
Forester Nayes explained that the signs shown this evening are only a proposed "draft" and were condensed from the City Code. He noted that the signage may be edited based on input from Council.
There was discussion regarding how many signs would be placed in each park.
The Forester stated that there are two entrances in Musser Park and it is recommended that three signs be placed in the park with a set of rules at each end of the trail in that park and one no parking sign. He suggested only one no parking sign would be sufficient at Harmon Park.
Councilmember Hovey asked the City Attorney if it would be easier to enforce the no parking "dusk to dawn" if the signs are posted.
Attorney Kuntz explained that although the signs do not have to be posted to be enforced, in his opinion it would be easier to enforce if the signs are posted.
Councilmember DeCourcy explained that in her discussions with Mr. Harmon when the land was dedicated to the City, she recalled it was his intent that the land become a wildlife preserve and not a park.
Attorney Kuntz stated that the land was dedicated to the City in November 1972 and that the dedication stated the property was restricted for park and recreational purposes only; there was no language stating it be a wildlife preserve.
Mayor Park noted that the Land Trust conducts an inspection of Musser Park annually and she asked if there input was needed before installing the signs.
Attorney Kuntz explained that the City was granted the conservation easement for Musser Park and it describes the use and management of the park. He advised that the Land Trust actively oversees the park and that the City should seek permission if additional signage is installed.
Clerk Iago asked for clarification if Harmon Park trails were maintained for recreational use or only for the Forester to gain access to the park.
The Forester explained that the trails are also used for walking, however, originally he mowed the trail to gain access.
Attorney Kuntz advised there are four items Council should consider to move forward with the recommendation;
1) Accept the recommendations as submitted and direct staff to provide a final draft of the document for adoption at the next regular meeting;
3) Request the City Attorney provide the existing rules for parks and wetland areas currently adopted in the City Code so that Council may compare the rules with the committee recommendation and discuss the matter at the next meeting; or
4) Direct staff to prepare an amendment to the City Code or a resolution that restricts parking to provide a tool for the police enforcement of parking near the parks.
Councilmember Bulach questioned the cost issues related to the recommendations and asked if these items would be covered in the City budget.
Councilmember DeCourcy suggested that the first action be to remove the old sign identifying Harmon Park.
Attorney Kuntz further suggested he could forward the current regulations to Council and staff be directed provide a final draft of the committee recommendations to consider at their next meeting.
Councilmember Hovey moved to direct the City Forester to prepare a final resolution outlining the policies and guidelines recommended by the Parks and Public Lands Committee for Council review at their June 2 meeting, seconded by Councilmember Bulach and carried. (4-0)
In discussion, Council concurred to wait until discussion of the matter in June before preparing any formal documents.
Councilmember DeCourcy moved to direct the City Forester to remove the old sign identifying Harmon Park, seconded by Councilmember Hovey and carried. (4-0)
Councilmember Hovey asked if the City Code contains a requirement that dogs be on a leash in the parks.
Attorney Kuntz stated there is not a general leash law in the City Code.
Councilmember Hovey moved to direct the City Attorney to send a copy of the current ordinance regulations relating to parks and public lands to Council for their review prior to the June meeting, seconded by Councilmember Bulach and carried. (4-0)
Mayor Park asked if Council should direct the Attorney to prepare an ordinance amendment on restricted parking.
Councilmember DeCourcy commented that she preferred to signs be placed at the park.
Mayor Park thanked staff and the committee members for their excellent work on this matter.
Forester Nayes asked if Council wanted him to investigate the costs for the plaque and boulder at the park. He noted that there is already a boulder in place at Musser Park.
Council concurred to direct the Forester to research the costs for installing a boulder and plaque at Harmon Park.
Attorney Kuntz explained that no formal application had been filed relating to the property, however the property owner had inquired as to whether or not the City would consider rezoning to an Institutional District (INS) to permit another use such as a church, a childcare center, senior living facility or health care facility. He stated that currently the City has only two zoning districts, R-1, Single Family Residential and INS, Institutional District. He further explained that the property owner asked if the City would be open to adding uses to the INS District or adding a new zoning district to expand what could be built on the property. He noted that multiple family living arrangements in this area would not conform to the City’s Comprehensive Plan due to lack of public sewer and water infrastructure in the community.
The Attorney explained that in 1989 the landowners had petitioned to detach the parcel from the City Sunfish Lake and to attach it to the City of Inver Grove Heights. He advised that an annexation report was prepared by Loucks & Associates, however the request was denied by Sunfish Lake and Inver Grove Heights did not pursue the matter.
Attorney Kuntz advised that staff requests input from Council regarding whether or not they would be open to rezoning the parcel to INS and amend the district to allow any other use than a church.
After a brief discussion, Council concurred that they would prefer not to change the existing zoning of the parcel since there are already two churches located in the area. Council asked staff to inform the property owner of their decision.
Mayor Park explained that she asked the Building Inspector to provide a tutorial to the Planning Commission at their May meeting to review updated building materials for possible inclusion into the City Code. She suggested that the information on the newer materials could also be included in the Fire Wise Program. She stated that a recommendation from the Commission would be forwarded to Council at their June meeting.
7. STAFF REPORTS: a. Building Inspector: Building Inspector Mike Andrejka stated that he issued six (6) permits and closed one (1) permit in April. He explained that he had received a building permit application at 400 Salem Church Road to install solar panels on the south facing portion of the home. He advised that the panels would be used to produce electricity and would have to be placed on a side of the home that was not visible from the street. He indicated that he had not been able to speak to the City Planner regarding whether or not the panels are permitted.
Councilmember Bulach questioned if the panels would be visible to an adjacent home to the rear and the Inspector responded yes.
Mayor Park asked if the City had sufficient information on the panels to allow the installation.
Attorney Kuntz explained that at the last Council meeting Planner Barness commented that the panels were not identified as permitted in the City Code and indicated that they would not be allowed if not listed as a permitted material. He questioned if the panels are thought to be a normal accessory since they are not specifically identified in the City Code and suggested that the Planner should be asked if the background research on this matter was completed prior to approving the permit.
Councilmember Hovey asked if there are any cases within the City where the panels have been installed and staff was unable to respond.
Clerk Iago indicated that the report from the Planner should be available in June and suggested the permit be delayed until that time.
Inspector Andrejka explained that the panels are not new technology and he has issued permits for their installation in other cities. He offered to call the homeowners and advise them the permit may be delayed until June.
Councilmember Bulach pointed out that Council had discussed alternative energy sources and, in his opinion, they should proceed cautiously.
Attorney Kuntz explained that the Planner had advised the public during inquiries that alternative energy sources are currently not permitted and the Inspector could relay information that Council most likely would not make a decision or any changes to the current code for at least 60 days.
Mayor Park also suggested telling the property owner that Council would be looking at alternative energy sources at their June meeting.
Inspector Andrejka advised that he had issued a permit for installation of a geothermal unit since there does not appear to be any issues with the installation of a unit below grade and wells are regulated by Dakota County.
Councilmember Bulach agreed and commented that he had installed a unit in his home.
Inspector Andrejka stated he regrets issuing the geothermal permit prior to checking with Council and thanked them for understanding.
Council concurred that the geothermal permit was appropriate.
Inspector Andrejka stated the tutorial for Planning Commission would be held at Mendards in West St. Paul.
Council thanked the Inspector for his report.
Councilmember Bulach asked if Council could expedite the Salem Church Road project considering the City would most likely spend approximately $30,000 over the next few years patching the street.
Engineer Sterna responded that the City has the option to expedite the project and discussed the fact that it would be less costly to do the project as a bituminous overlay versus a bituminous reclamation. He suggested this could be discussed as part of the proposed 2016-2020 Capital Improvement Project document.
Mayor Park asked if there were any further questions and there was no response.
Councilmember Bulach moved to accept the quote of $6,600 from Pine Bend Paving and to authorize the expenditure not to exceed $7.000 for the 2015 bituminous patching project as recommended by the City Engineer, seconded by Councilmember Hovey and carried. (4-0)
B. Spring Load Limit:: The Engineer advised that the spring load limits were removed on City street on April 22, 2015, which it the same day MnDOT removed their limits for the metro area.
C. Street Sweeping: The Engineer stated Mike McPhillips, Inc. completed the street sweeping in April and the work totaled $1,475.
D. City Street Sign Repair: Engineer Sterna stated that Pine Bend Paving reset the sign that was knocked down on the east end of Salem Church Road.
E. Charlton Road Grading: The Engineer stated that Charlton Road was graded in early April and some additional gravel was added to the surface. He explained that he would monitor dust levels over the next few weeks to determine whether or not it is necessary to add a dust agent to the surface of the road. He advised that in the past the cost for one application was approximately $1,750 and stated he could obtain a quote for the June Council meeting or Council may take action now to authorize the expenditure.
Councilmember Hovey explained that the road has been dusty even after rain and he supports the dust agent application being done now.
Councilmember Bulach moved to authorize the Engineer to hire a contractor to apply a dust agent on the surface of Charlton Road, seconded by Councilmember DeCourcy and carried. (4-0)
F. Angell Road Culvert Repairs: Engineer Sterna stated that the culverts were inspected and two of the three culverts have deflected and caused a slight dip in the pavement due to improper compaction during the project. He advised he discussed the problem with the contractor and found that the culvert may have to be excavated and either reinstalled or fully replaced. He stated there are no safety concerns and the work has not yet been scheduled, but he would report on the project at the June meeting. He advised that the City would not be responsible for any of the repair or replacement costs.
G. Building and Site Reviews: The Engineer advised he completed one site review this month for property at 325 Salem Church Road.
Public Works Activities Undertaken in the Month of April: None.
Anticipated Engineer/Public Works Activities’ for the Month of May: A. 2015 Infrastructure Management Report:: Engineer Sterna stated the field work is completed and staff will be finalizing the 2015 Infrastructure report in May. He noted the information would also be incorporated into the 2016-2020 CIP that will be ready for preliminary discussion at the June Council meeting.
B. NPDES Yearly Permit Renewal: The Engineer stated that the required permit reauthorization paperwork would be submitted to the MPCA in May and which would automatically renew the City’s NPDES permit with that agency.
D. 2016-2020 CIP Update: Engineer Sterna stated he would be finalizing the draft 2016-2020 CIP for Council review at their June meeting. He explained the report was delayed a month so staff could incorporate the findings from this year’s infrastructure report into the document. As discussed in previous years, the document outlines what infrastructure and maintenance projects are being considered for 2016 and to plan for the projects over the next 5 to 10 years. He explained the goal would be to approve the CIP update at the August Council meet5ing which helps establish the City’s infrastructure priorities and assists with budgeting for upcoming projects Council has considered.
Engineer Sterna stated he would obtain a quote for the guard rail repair on Charlton Road for the June meeting.
Chief Shaver advise that the Stop Sign for westbound traffic on Salem Church Road and Windy Hill Road was damaged.
Ibby Hammett advised that the stop sign at Highway 110 and Charlton Road had only one side of the sign anchored to the post.
Engineer Sterna advised that sign would be on MnDOT property and he would contact them to fix it.
The Engineer distributed a map of Charlton Road which displayed the areas of platted right-of-way and prescriptive rights areas on the edge of the roadway. He noted the map also shows the area proposed for street easements if an improvement project was considered He noted that the City has no right to clean or repair the ditch areas adjacent to the road that do not have City easements. He further explained the maps show where dedicated easements would need to be obtained if the City wished to move forward with an improvement project. He commented that if the easements could be obtained by dedication from the property owners, the improvement costs would be less costly and the assessments more palatable for residents. He pointed out that the southern portion of the road was built over a swamp area and would have soil issues.
Councilmember Hovey pointed out that the property where he lives is no longer owned by his father. Engineer Sterna apologized and explained that the map is approximately 5-years old and there may be other mistakes.
Council thanked the Engineer for his report.
The Forester stated that the Arbor Day Newsletter was mailed on April 16 and Arbor Day was held on May 2nd and well attended; numerous trees were purchased from those attending. He thanked Mr. O’Leary for presenting the Parks and Public Lands committee recommendations that were finalized at their meeting held on April 8.
Forester Nayes explained that the Firewise Committee would meet tomorrow evening and he advised that he had prepared assisted Mayor Park to complete an application for a "City of Excellence" aware from the League of Minnesota Cities relating to work on the Firewise project. He noted that the Fire Truck Drive Through event was scheduled for May 16 and invited interested Councilmembers to participate.
Councilmember DeCourcy commented that in her opinion Arbor Day was a wonderful event and she thanked the Forester for all his efforts to make it so successful.
Council thanked the Forester for his report.
Council thanked the Chief for his report.
Forester Nayes stated that he contacted Mr. Harding by telephone regarding options for removal of the brush piles and advised him that burning the piles would not be appropriate at this time, however, the brush could be chipped and removed from the site. He also discussed the fact that damage was done to the right-of-way on the cul-de-sac by equipment that was used for the project and that the area would have to be repaired once the brush is removed. He stated that Mr. Harding agreed that it would be reasonable to pay for repair of the damages to City property. He advised Mr. Harding that in the future, the City would only deal directly with the property owner to insure that permission was granted for removal of trees prior to any work being done on property within the City and that a plan for work to be done would be required.
Mayor Park asked if Mr. Harding asked for a recommendation to have the brush piles chipped by a contractor. She asked if the brush piles would create a fire hazard in the future.
Forester Nayes responded yes, but commented that the City does not recommend contractors. He also advised Mr. Harding that the chipping should be done all at the same time, as much as possible, so no further damage is done by equipment accessing the site over City property. He commented that the remaining brush piles are nearer the pond area of the site and are not a fire hazard at this time.
Mayor Park asked the City Attorney if the City Code could be modified to prevent this type of situation in the future.
Attorney Kuntz pointed out that if Council wishes to draft regulations relating to major tree removal, they should consider four (4) points identifying the trees to be removed; Dead, Diseased, Down, and Dangerous. He stated that the regulations would provide parameters for the City Forester to consider prior to reviewing the site where tree removal occurs.
Forester Nayes commented that the first question asked when a burning permit is issued would be how long is the permit good and how many times can it be used. He explained that the permit is issued for three (3) days, either consecutive or non-consecutive calendar days within one year from the date it is issued.
Councilmember Hovey asked if there are restricted days due to weather conditions. He also asked if the property owner is responsible if a fire becomes out of control
The Forester responded yes and advised that information is printed on the permit and further instructions written on permit by him if necessary. He stated that the permit holder is responsible for controlling the fire and for any damages or costs caused by uncontrolled burning.
Councilmember DeCourcy commented that she would prefer to have a time limit on the removal of brush from the property at 6 Acorn Drive.
Councilmember Hovey pointed out that if a time limit is imposed at that location it should be imposed for all parcels in the City. He questioned if a time limit should be placed on the removal of invasive species from property such as buckthorn.
Councilmember Bulach pointed out that there appears to be a fine line as to what the City can regulate on private property. He noted that in his opinion the Acorn Drive parcel is unpleasant to look at with the piles of brush. He commented that the Dobranz parcel was similar and asked if the City could take action to clean-up the debris and charge the property owner. He stated in his opinion the City should work to find a solution to clean-up the parcels on Acorn Drive and noted it has been over a year that this matter has been discussed by Council. He commented that it is difficult to resolve the problem without the property owner present to respond to the concerns.
Dr. Chesney, 5 Acorn Drive, pointed out that the Werl property also contains brush piles.
Mayor Park asked if the City could order the property owner to remove the brush piles.
the City Attorney explained that there would be a process the City must follow to order the removal of the debris, however, he pointed out that there are most likely other properties within the City that contain similar brush piles. He stated that the City Code does not regulate storage of brush piles unless they create a safety hazard. He indicated that Council needs to identify the "it" to be removed and then staff could draft an ordinance for Council to review. He pointed out that after Council identifies the problem and regulations they wish to enact, the ordinance would apply to all landowners in the City, not just the parcels on Acorn Drive.
Councilmember DeCourcy asked if the Forester could be directed to call the contractor or property owner each week to request removal of the debris.
Attorney Kuntz pointed out that the incident with tree removal began as a disagreement between neighbors and the City was asked to intervene and cease the tree removal operation. He advised that the tree removal has ceased, but that the City Code does not contain any regulations relating to a time-frame for removal of the brush piles.
Councilmember Bulach commented that the property owner would be shocked if they could see the condition of the parcel and stated that in his opinion the City should never have been placed in the position of resolving the issues. He expressed his disappointment in the contractor to get the clean-up completed.
Dr. Chesney stated when his lot was cleared to construct his home, he was advised what trees could be removed and now the he is being told by the City that there is no "it" to regulate. He commented that in his opinion no property should be cleared to this level unless the City is notified and staff reviews the plan for removal.
Attorney Kuntz questioned if any living trees were removed from the Harding parcel.
Dr. Chesney explained that the Forester said no living trees were removed, but in he disagrees. He commented that the clearing of the Harding property destroyed the value of his property and has allowed the buckthorn to grow.
Attorney Kuntz suggested that an ordinance amendment could state that a brush pile cannot be greater than a certain size, but he noted that this would apply to all properties within the City. He also indicated that language could be included that requires the job to be completed within two weeks.
Councilmember Hovey stated he was not willing to impose the regulations on all properties based on this one event.
Mayor Park pointed out that this could happen in other neighborhoods within the City.
Attorney Kuntz commented that if tree disease occurs on any parcel in the City and removal of significant trees is warranted, it would change the landscaping on the parcel and on neighboring land.
Forester Nayes agreed and recalled that this occurred in the past when a resident removed a substantial amount of dead and diseased trees and the neighbors thought he "clear-cut" the property. He noted that Council had discussed expanding regulations at that time but determined it would be difficult to define the requirements.
Councilmember Bulach pointed out that the City may not be able to control what was done on the land, but in his opinion what remains on the property is residue from the operation and should be removed. He commented that the project should be finished.
Forester Nayes stated he could recommend to the property owner that the brush pile be taken down by chopping into smaller pieces for removal. He noted that he expressed concern to the property owner regarding the piles of brush that were stored close to homes and those were removed last year. He pointed out that the piles remaining are not a safety hazard.
Mayor Park indicated the discussion requires some type of closure and asked the Attorney if the City has the power to regulate removal of the debris.
Attorney Kuntz agreed with Councilmember Bulach’s assessment that the brush piles are remnants of the contractor’s work and should be removed or chipped within a certain time period and the City could contact the property owner to request removal of the debris. He explained that the current regulations do not provide authority to regulate the removal or a time frame for it to be accomplished.
Clerk Iago explained that some cities offer to remove nuisances, such as cutting weeds from their property and charging the costs to their taxes. She suggested that the property owner be contacted to ask if the City could remove the brush piles and charge the cost to them.
Councilmember Bulach offered to obtain quotes for chipping the brush on site so that the City would have a figure to discuss with the property owner.
Mayor Park thanked Councilmember Bulach and offered to contact the property owner to share the information discussed this evening and the quotes obtained for the removal of the debris.
b. Other Business: Mayor Park asked if there was any further business for discussion. She suggested that Council consider planting a tree in Harmon Park in remembrance of deceased resident Bruce Telander.
Mayor Park asked if there were any other items for discussion and there was no response.
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We are a small community proud of our heritage and committed to the preservation of our pristine, rural character. We cherish our privacy, yet know we are part of a thriving Dakota County and the greater Twin Cities metropolitan area. With these partnerships in mind, we strive to preserve that unique spirit which is Sunfish Lake, Minnesota.