SUNFISH LAKE PLANNING COMMISSION MEETING – JANUARY 18, 2012

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

Attendants:

Chair:  JoAnne Wahlstrom

Commissioners:   Arnulf Svendsen, and Tom Schlehuber.

City Planner:  Alan Brixius
City Clerk: Catherine Iago
Commissioners Andrea McCue and Gordon Peters were absent.

1. CALL TO ORDER: Chair JoAnne Wahlstrom opened the meeting at 7:00 p.m.

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

Commissioner Schlehuber moved to adopt the agenda, seconded by Commissioner Svendsen and carried. (3-0)

3.   ACKNOWLEDGE PLANNING COMMISSION APPOINTMENTS: Clerk Iago advised the Commissioners that Mayor Williams had appointed Commissioner Wahlstrom to serve as Chair for 2012; she explained that Commissioner McCue was appointed as an alternate to service on the Lower Mississippi Watershed Management Organization and indicated that she preferred to relinquish the Chair position.

Planner Brixius advised that Council had reappointed Commissioner Schlehuber and that Commissioner Votel had submitted his resignation; he stated that Council appointed Gordon Peters to serve Votel’s unexpired term.     

4.   REVIEW THE 2012 PLANNING COMMISSION MEETING DATES: Planner Brixius referred to the 2012 Sunfish Lake Application Schedule that was sent with the packet. He noted a few changes in the Council meeting dates due to the precinct caucuses, the 4^th of July holiday and the November election. He stated that there were no changes to the Planning Commission dates and they remain on the third Wednesday of each month. He asked that the Commissioner confirm these dates are acceptable.

Commissioner Svendsen stated he would not be available for the February 15 meeting and Commissioner Schlehuber stated he would not be available for the June 20 meeting.

The Planner advised that there were no applications submitted for the February meeting, however; after discussion of the proposed parks ordinance this evening, the Commission would conduct a public hearing at the February meeting. He noted that he would advise the Commissioners of cancellations for future meetings by email.

Commissioner Wahlstrom moved to adopt Resolution No. 12-01PC titled, Resolution Approving he 2012 Planning Commission dates, seconded by Commissioner Schlehuber and carried. (3-0)

5. APPROVE MINUTES: Chair Wahlstrom asked if there were any additions or corrections to the July 20, 2011
minutes.  Planner Brixius apologized for not including the minutes with the packet.  Clerk Iago suggested that the Commissioners defer action on the minutes until the next meeting.  The Commissioners concurred to defer action.

6.  PUBLIC HEARINGS: None.

7.   OTHER/NEW BUSINESS: A. Review Draft City Code Amendment for Parks and Open Space Regulations:
Planner Brixius explained that the proposed park regulations were drafted due to recent concerns regarding the use and activities within the City’s parks and open spaces. He stated that incidents of geocaching in the parks and also other areas in the City were reported; he noted that the City currently has no regulations governing the use and activities within the parks. He advised that although the draft ordinance contains language that was modeled from similar cities, the draft contains regulations that reflect the natural character of the City’s parks and open spaces; the polices are designed to offer protection to the natural environment and to enhance the residents’ private enjoyment of these community parks.
The Planner advised that the City Forester had recommended one change relating to tree climbing and that he had incorporated that change into the draft presented this evening. He further explained that the Forester had expressed concern relating to placement of geocaches along City rights-of-way. He pointed out that the Code currently contains a section that deals with right-of-way regulations; he offered to prepare an amendment for inclusion in that section to bring back for Commission review at the next meeting.

Planner Brixius advised that the only action required at this time is to review, discuss and make recommendations to add, delete or modify the regulations as presented. He reviewed the ordinance as follows:

Section 1 - Explains the purpose of the proposed regulations
Section 2. Subdiv. 1 - Deals with damage to park property

Section 2. Subdiv. 2 - Deals with Sanitation, Litter, Beverages and Fires – The Planner noted that although the language is not specifically prohibiting the practice of geocaching, Item (e) prohibits any person from leaving, storing or abandoning personal property within a public park or open space.
Section 2. Subdiv. 3 – Deals with Motorized Vehicles, Bicycles or Parking
Section 2. Subdiv. 4 -  Deals with Sales and Advertisement
Section 2. Subdiv. 5 – Deals with Behavior
Section 2. Subdiv. 6 – Lists Other Regulations by limiting the hours of use, games, swimming, camping, hunting, firearms, etc.
Section 3 – Establishes Misdemeanor Violation Penalties

The Planner indicated that he left the hours of operation blank and suggested that the Commission should determine those hours. He offered to respond to questions.

Commissioner Svendsen asked where the Russ Wahl Nature Area was located. Planner Brixius explained that it is a wetland adjacent to Hwy. 110 and also borders Harmon Park. The Forester explained that the property was owned by the City with no possibility of development, therefore, Council designated it a wetland and named if after the former Building Official.

Commissioner Svendsen asked if Harmon Park has a designation. Clerk Iago explained that she was contacted by former Councilmember Cathy DeCourcy who advised that Ruel Harmon, who donated the property, wished to have it designated as a wildlife preserve.  The Clerk noted that Harmon Park was never formally designated for that purpose.

Planner Brixius explained that all the parks within the City are natural areas and even without a formal designation they will remain that way. 

Chair Wahlstrom asked if adoption of the regulations would prohibit improvements in the park for trails or parking.

The Planner advised that it would not prevent park improvements and that the City has a process in place to make improvements to parks. He pointed out that generally the surrounding neighbors are contacted for input when a trail or other improvement project is being discussed.

Commissioner Schlehuber asked if the parking area at Musser Park is proceeding. Chair Wahlstrom indicated that it appears to be on hold at the present time.  Clerk Iago advised that the parking was not necessarily being proposed for active use of the park, but more for access when maintenance or City events occur.

Commissioner Schlehuber indicated that residents may wish to have alcoholic beverages at the park during special or City events.

The Planner suggested that the City could include a permitting process for special events that would limit the consumption of alcoholic beverages to specific dates and times.

Commissioner Svendsen asked if this was in response to recent concerns regarding activities in the park and questioned how many people are participating in these activities.

The Planner pointed out that the City Attorney suggested the regulations be drafted since there were no existing regulations for the parks. He stated he was unaware of the geocaching activities and how many persons participate.

The Forester explained that he had not seen any activity in Musser Park, but he had found the geocache in Harmon Park and it was placed at the base of a tree in a small container; he noted it appeared to be garbage.

Commissioner Svendsen asked if the individuals or groups drive, bike or walk into the parks.

The Forester stated he has not actually seen the geocaches being placed, however, he advised that he had contact with a couple of men in their mid-20’s who were looking for one at the end of his dead-end street. He advised that the geocache was a small film container with a magnet that was placed on the back of a street sign.

Commissioner Schlehuber recalled seeing a person searching for a geocache during the spring planting at Harmon Park.

Commissioner Svendsen pointed out that the parks are not marked by fencing or boundaries and persons could mistakenly place these items on private property.

Chair Wahlstrom asked if the language should be more specific relating to this activity. The Planner indicated that it would be appropriate to have the language cover this activity without being specific.

Commissioner Svendsen asked the Planner what action is needed at this time.

Planner Brixius suggested that he would prepare language relating to a permit for alcohol consumption for special community events. He asked if there were any other recommendations.

The Forester suggested that it may be appropriate to include the “drugs” under Section 2, Subdiv. 5 (b).  The Commission concurred.

Chair Wahlstrom noted that most parks are closed between dusk and dawn; she asked the Planner for his recommendation on the hours of operation.

Planner Brixius suggested that he would check with other communities to determine what hours would be appropriate.  

The Commission concurred to direct the Plannner to make the changes for hours of operation, including the word “drugs” in Section 2, Subdiv. 5 (b), and to draft permit procedures for alcohol consumption during special community events.

The Planner stated he would also prepare an amendment to the City Code section relating to right-of-way use for consideration at the public hearing in February.               

B.  Frequently Asked Questions (FAQ’s): Planner Brixius explained that Council discussed expanding the City’s website to include frequently asked questions and answers related to the community. The Council requested the Commission discuss and prepare a list of the ten most frequently asked questions relating to the City zoning, subdivision or development. He stated that because he is new to this position, he contacted the two former planning consultants for their input. He reported the responses from both planners for questions relating to the following: 1) height and placement of fences; 2) how many dogs are allowed; 3) when do I need a building permit; 4) what are the building setbacks; 5) property maintenance regulations; 6) shoreland alterations; 7) non-conforming structures; 8) burning permits; 9) retaining walls. 

The Commissioners and staff agreed that these questions would be appropriate for inclusion on the website. The Planner stated he would review other cities to determine the tenth question and would work with staff to prepare answers to the questions.

Chair Wahlstrom suggested that in her absence, Commissioner Svendsen serve as the Acting Chair as he has the most seniority. The Commissioners concurred.
Chair Wahlstrom asked if there was any further business and there was no response.  

8. ADJOURN: Commissioner Svendsen moved to adjourn the meeting at 7:45 p.m., seconded by Commissioner Schlehuber and carried. (3-0)


Respectfully submitted,

______________________

Catherine Iago, City Clerk