SUNFISH LAKE PLANNING COMMISSION MEETING – MARCH 10, 2010

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

Attendants:

Chair:  Andrea McCue.

Commissioners:   Arnulf Svendsen and JoAnne Wahlstrom.

City Planner:  Laurie Smith           
City Clerk: Catherine Iago
Commissioners Tom Schlehuber and Tom Votel were absent.

I. CALL TO ORDER: Chair Andrea McCue opened the meeting at 7:00 p.m.

II. MINUTES: Chair McCue asked if there were any additions or corrections to the November 18, 2009 minutes and there was no response.
 
Commissioner Wahlstrom moved to approve the November 18, 2009 Planning Commission minutes as submitted, seconded by Commissioner Svendsen and carried.  (3-0)

III. Planning Items:

A. Invasive Species: Chair McCue asked the City Forester to present his report.

Forester Nayes explained that he had completed a considerable amount of research relating to invasive species of weeds and found that there is a considerable amount of literature available on the subject. He explained that initially he considered writing an informational document on the subject; however, he determined it would be unproductive to spend City funds on writing a document when there is so much information available. He showed the Commissioners a sample booklet titled “Minnesota invasive non-native terrestrial plants” that he had purchased and advised that the booklet contained valuable information as well as color photos of the plants.

The Forester referred the Commissioners to the draft letter and inspection report document he had prepared. He explained that he had modified an inspection report he found while doing research to fit the needs of Sunfish Lake. He pointed out that the list of invasive weeds contains European and Smooth Buckthorn and noted that the City cannot require removal of these plants, but can prohibit planting and production of the plants for distribution.  He stated that several of the plants listed are designated as noxious weeds. He explained that the City may require removal of the plants designated as noxious weeds; however, there are some recent changes to State laws that have not yet been adopted and it may be preferable to wait until the laws have passed.

Forester Nayes pointed out that the information he has compiled is to inform residents how to remove and control invasive species, such as requiring the spraying of Thistle. He commented that the Mayor is the Official Weed Inspector and the Mayor annually designates the duties of her position to the City Forester. He explained that as part of the duties associated with this position, the Forester is responsible for requesting removal of any noxious weeds that are found within the City.

Chair McCue asked if this information would also be used to notify current residents or only used in conjunction with new major review applications.  Mr. Nayes responded that the report could also be used to notify current residents of noxious weeds.

Commissioner Wahlstrom commented that Garlic Mustard may become the next big issue and suggested that color photos of the invasive species should be placed in the City newsletter to assist residents in identifying the plants.

Mr. Nayes agreed and also suggested the photos could be placed on the City website.


Chair McCue suggested the Forester compose an article for the newsletter that advises residents the City has the authority to request removal of noxious weeds.

Commissioner Svendsen pointed out that the City would have to accept species such as Buckthorn as a nuisance to have such authority to request removal.

Chair McCue pointed out that there would be some reference for enforcement if Buckthorn were listed as a noxious weed.

Planner Smith commented that although State law grants authority for cities to request removal, generally the City of Sunfish Lake has not utilized the authority in the past.

Chair McCue commented that residents should know that the City has the authority by State law to require removal of noxious weeds and that it is not just a City regulation. 

Forester Nayes suggested that he wait until the new laws have been formally adopted prior to submitting an article. He commented that the County does not do stringent enforcement of noxious weeds unless a complaint is received and he does not believe the City needs to be more forward with enforcement than the county.

Chair McCue agreed and pointed out that the original intent of the invasive species inventory was that it be used as an educational tool for new residents so that they could remove invasive species during the construction phase.

The Forester asked the Commissioners for any comments or changes they wished to make to the documents.

Chair McCue suggested including language on the introduction letter regarding the fact that there is additional information on invasive species on the City website.

Commissioner Svendsen asked for clarification that these documents were merely for informational purposes and not an ordinance change. Mr. Nayes confirmed the documents were informational only.

Commissioner Svendsen questioned what Items 7 and 8 pertain to under the title “Action Taken” on the inspection report form. Mr. Nayes explained those two items only relate to Buckthorn removal, since it is important that Buckthorn seeds not be distributed when transported from a site.

Chair McCue commented that residents constructing a new home may view their property differently after reviewing the list of invasive weeds on the site.

Mr. Nayes agreed and pointed out that the report may assist with identifying weeds problems in a certain neighborhood. He reminded the Commissioners that the report would be included as part of the Planning Commission and Council packets when a new application is submitted for review.

The Forester stated that in his opinion he wished that all new construction applications could receive a copy of the booklet that identifies the invasive species.

There was discussion relating to whether or not the City should purchase copies of the booklet for distribution with the applications or for use by current residents. Clerk Iago suggested that information on the booklet could be placed on the City website if a resident wished to purchase the booklet. Planner Smith suggested that a link to the DNR’s website be included so that the booklet could be purchased from the DNR.

Commissioner Svendsen asked how the Buckthorn was removed from Musser Park.  Mr. Nayes explained it was chipped and transported by dumpster to be burned at a location in St. Paul for fuel.

Commissioner Wahlstrom asked if the Forester would send a copy of the booklet to persons making application for a major site plan review.

Forester Nayes explained that he had suggested to the Mayor that new applications be given a copy of the booklet identifying the invasive species; however, the Mayor expressed concern regarding the cost to provide the booklet to each applicant.

Chair McCue pointed out that there are only one or two applications per year. 

Planner Smith suggested the cost could be taken from the escrow funds submitted with the application.

After further discussion regarding the purchase of the invasive species booklet, Forester Nayes suggested that he could request the City to purchase six (6) copies of the booklet and that he would stamp the booklets as “City property” and sign them out to new applicants so that they could be returned to him after the application process is completed.

The Commissioners recommended the following language be included as part of the Invasive Weeds Species Survey letter to homeowners:

Add to the first paragraph: “This is only an informational report. Management of invasive weeds is strongly encouraged.” 

Revise the first sentence in the third paragraph to read: “An excellent reference book is “Minnesota invasive non-native terrestrial plants”.  

Add as the last sentence in the fourth paragraph:  “Also, there is some invasive weed information on the Sunfish Lake website.”

Forester Nayes stated he would revise the cover letter as directed and suggested that it may be more appropriate for the Commission to recommend the City purchase a few copies of the booklet to be distributed for use when applications are filed.

Planner Smith offered to place the request in her update to Council; she also suggested that the matter could be brought to Council in April since the Mayor had suggested conducting a joint meeting with the Planning Commission.

Chair McCue asked if there were any further comments and there was no response.

Commissioner Wahlstrom moved to approve the cover letter as revised and the report form submitted by the Forester and recommend to Council that these be included with application for a Major Site Plan Review and to direct the Planner to request that the City purchase six (6) of the invasive species booklets to be used by applicants and returned after the application process is completed, seconded by Commissioner Svendsen and carried. (3-0)  

Chair McCue thanked the Forester for his report.

B. Sign Ordinance Discussion: Planner Smith explained that the sign ordinance revision discussion was initiated last November based on a complaint relating to a banner sign that was placed at one of the churches within the City. She stated that the Commission had reviewed examples of sign ordinances from other cities at their November, 2009 meeting and offered suggestions to revise the current sign ordinance.

The Planner explained that after review of the existing language and the suggestions of the Commission, staff determined that it would be best to repeal the existing sign ordinance in its entirety and replace it with a newly drafted ordinance. She advised that the current ordinance did not include definitions for signs or items associated with signs and the proposed ordinance would include 17 new definitions relating to sign. She noted that these definitions were drafted to be “content neutral” and describe the types of signs by general appearance and location rather than the type of content portrayed on the sign. She advised that all cities are now including a definition of a “Dynamic Display Sign”; she indicated these are newer and somewhat controversial with lights and movement.
The Planner advised that the new language does not prohibit any signs that the City does not currently prohibit. She advised that the City Clerk asked if where the regulations relating to real estate signs were located.

Chair McCue suggested real estate signs may be addressed in Section 1222.02 B.1; signs smaller than five square feet.  Planner Smith agreed that would be appropriate to describe real estate signage.

Chair McCue commented that some communities do not allow real estate signs, although she does not agree with prohibiting real estate signs. Planner Smith stated that the proposed ordinance only prohibits real estate signs from being placed in right-of-way.

Chair McCue asked if the lighted speed signs used by police would fall under Dynamic Display signs. The Planner responded no and explained that government entities are exempt from the regulations.  

Commissioner Wahlstrom asked if portable lighted signs used to advertise events would be prohibited. The Planner responded yes.

Commissioner Svendsen asked if the churches use portable lighted signs.

Commissioner Wahlstrom responded that the church near her home has used them for Bible Camp and rallies at their location.

Chair McCue suggested that the churches be provided copies of the ordinance once it has been adopted.

Planner Smith pointed out that the churches may use temporary signs; she explained they are limited to one per property, six (6) square feet in size and must obtain a permit prior to placing the sign. She indicated that the size would limit the use of large banner signs.

Commissioner Svendsen asked where the regulations for temporary signs are placed.

Planner Smith referred to Section 1222.03, B., which outlines the regulations for temporary signs.

The Planner further advised that the City would have the authority to require removal of any large real estate signs based on the size limitation for temporary signs.

Commissioner Svendsen asked if the time period for real estate signs is limited and noted that this type of sign may become unsightly over time.  The Planner explained that there is no time limitation; however, there are regulations relating to the appearance of the sign and authority to request removal and replacement.

Commissioner Svendsen asked if the proposed ordinance must go through the public hearing process prior to adoption. The Planner responded yes.

Commissioner Wahlstrom commented that the new ordinance is much easier to understand and more concise.

Planner Smith agreed and commented that the new ordinance provides the ability to enforce the regulations.

Chair McCue asked if there were any further comments or questions and there was no response.

Commissioner Svendsen moved to recommend the draft Sign Ordinance be presented to Council for their review and consideration prior to conducting a public hearing on its adoption, seconded by Commissioner Wahlstrom and carried. (3-0)

Chair McCue thanked the Planner for her presentation.        

IV. OTHER/NEW BUSINESS: Planner Smith explained that she has not received any applications to date and that she has had a few inquiries relating to the Baird property and a property on 60^th Street, west of Zehnder Road. She advised that the inquiry regarding the potential sale of an extra lot on 60^th Street would be a non-conforming use and would require variances. She also noted that there has been some discussion relating to the realignment of Argenta Trail in Inver Grove Heights, which would further the lot as a potential building site.

The Planner asked that the Commission adopt a resolution establishing the Planning Commission meeting dates for 2010, since this is the first official meeting of this year.

Commissioner Svendsen moved to adopt Resolution No. 10-01-PC titled, RESOLUTION SETTING THE DATES OF THE REGULAR PLANNING COMMISSION MEETINGS FOR THE YEAR 2010, seconded by Commissioner Wahlstrom and carried. (3-0)

The Planner advised that the Mayor suggested a joint meeting be held with the Commission and Council on April 21, 2010, which is the regular Planning Commission meeting date in April. She asked if the Commissioners would be available to attend the meeting on that date so she could report back to the Mayor.

Chair McCue and Commissioners Svendsen and Wahlstrom advised they would be available on that date.

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

V. ADJOURN: Commissioner Wahlstrom moved to adjourn the meeting at 8:00 p.m., seconded by Commissioner Svendsen and carried. (3-0)


Respectfully submitted,

Catherine Iago, City Clerk