SUNFISH LAKE PLANNING COMMISSION MEETING – OCTOBER 21, 2009

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
City Forester: Jim Nayes
  and members of the general public.

Commissioner Tom Schlehuber arrived at 7:10 p.m. and Commissioner Tom Votel was absent.

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

II. & III.   MINUTES:            Chair McCue asked if there were any additions or corrections to the August 19 or September  16, 2009 minutes and there was no response.
     
Commissioner Svendsen moved to approve the August 19 and September 16, 2009 Planning Commission minutes as presented, seconded by Commissioner Wahlstrom and carried.  3-0

IV. Invasive Species Discussion:  Chair McCue introduced the agenda item and explained that she had prepared a draft amendment relating to invasive species; she suggested placement of the language in the Building Code section of the Zoning Code on page 08-02.

Planner Smith noted that the section Chair McCue referenced discusses Minor Reviews and that it may be more appropriate to first determine if the matter should be dealt with as part of a process that assesses the existence of the invasive species or as a requirement to eradicate them.

Chair McCue indicated that she supported dealing with the issue as part of a process since it is her understanding that the City cannot require removal of the invasive species.      

Planner Smith disagreed and pointed out that the Zoning Code regulates the use of property in the City.

There was discussion relating to where the proposed language should be placed in the Zoning Code.

The Planner explained that the Commission only makes recommendations on major reviews such as variances, conditional use permits, and new construction or major site and building plans.

Commissioner Wahlstrom asked if the proposed language would allow the City Forester to access property to conduct a review.

Planner Smith indicated that the language may be drafted according to the wishes of the commission; she noted it could be structured only to provide the information for the property owner or it could be stronger to allow for enforcement of the regulation. She advised that the City Attorney suggested it be incorporated into the ordinance if the commission wishes to provide enforcement related to eradication of the invasive species.

Chair McCue commented that in her opinion it is not necessary for the City to require total eradication of all invasive species, but rather to suggest removal as part of the requirements for approval of an application.

Commissioner Wahlstrom indicated that she does not believe it is fair to regulate new construction and not regulate existing properties.

Planner Smith noted that existing properties are “grand-fathered” with any new ordinance regulations.

Commissioner Svendsen suggested that the language require the City Forester conduct an assessment of the property and that the information is then given to the property owner with recommendations for control of the invasive species. 

Forester Nayes stated he could develop a boiler plate assessment sheet that identifies the invasive species on the property and the extent of the problem for each species; he indicated that he could also provide information relating to eradication and control of the invasive species.    

Commissioner Schlehuber arrived at 7:10 p.m.

Forester Nayes distributed information from the Department of Natural Resources (DNR) that identifies invasive species. He stated that he also found information from the Minnesota Department of Agriculture that lists different types of weeds: he explained that prohibitive weeds must be controlled as required by state statutes, restrictive weeds are those that are prohibited for sale or transportation, and secondary noxious weeds are those that could be placed on the same level as the County listing for noxious weeds.  He also displayed a new article relating to the City of Minnetonka’s efforts to restore natural areas and explained that there is a wealth of information on their city website relating to this matter; he noted that Minnetonka started this effort in their city parks.

Chair McCue commented that it may be wise to focus on what residents can do to eradicate invasive species.

The City Forester suggested that the information he presented could be utilized to identify weeds and he could prepare directions for homeowners to control weeds on their property.

Chair McCue commented that if specific weeds are listed in the proposed ordinance amendment the commission may be restricted to address only those weeds listed; she proposed to leave the language more ambiguous and as a recommendation rather than specifying a percentage of what must be removed. She read the proposed amendment as follows:  “The City Forester will make an inspection of invasive species at the proposed building site. A coy of the assessment is to be given to the property owner and Planning Commission. The property owner will also be given educational materials regarding invasive species.”

Planner Smith pointed out that once the Forester’s assessment is submitted the matter could be discussed by the Commission during the application review.

Commissioner Schlehuber questioned if a recommendation for eradication could be made at the meeting.

Planner Smith explained that if the commission wishes to recommend eradication it may be appropriate to add stronger language for enforcement; however, if it is merely to identify the invasive species on the site the language is sufficient. She noted that the Zoning Ordinance contains language relating to recommendations on certain criteria, but additional language would have to be added to cover this matter.

Commissioner Schlehuber referred to page 2 of the Planner’s report dated October 15, 2009 and pointed out that he there are options listed for required removal; he supported requiring removal of a certain percentage of identified species listed in the assessment. He noted that the option to inform and educate the property owner but leave removal of the invasive species to the property owner’s discretion is good, but he believes that most people will procrastinate if it is not a requirement. He suggested that removal of 90 percent of the invasive species does not appear to be unreasonable.

Planner Smith noted that the Forester had suggested requiring removal of Buckthorn trees that are a certain diameter and possibly limiting the focus to one species so it would not be so overwhelming to the property owner.

Chair McCue asked the Forester for his opinion on the most invasive and dangerous species within the City.


Forester Nayes indicated that the most prevalent species is Buckthorn and also Garlic Mustard; he noted that it would be impossible to remove 90 percent of the Garlic Mustard species. He pointed out that it may be very costly for a property owner to remove 90 percent of the invasive species depending on the parcel of land, as some property could contain hundreds of trees. He questioned if the additional cost to remove the trees might render the lot unsellable.

The Forester further pointed out a resident adjacent to Sunfish Lake had removed a substantial amount of Buckthorn from their property and a neighbor complained that they were clear-cutting the property.

Commissioner Svendsen stated he supports providing educational materials to the property owner and agreed that supplying the assessment list in conjunction with the application review so that it may be discussed as part of the review process.

Chair McCue asked if an additional section should be included to clarify invasive species. The Planner explained that if the Commission wishes enforcement of the matter then a section identifying the invasive species should be included; if the Commission determines they prefer to proceed through educational materials and recommendations to the property owner for removal it is not necessary.

Forester Nayes suggested the species could be reference with the assessment of the property; he noted that it may be appropriate for the City to prepare materials on this issue and distribute the information as part of a Welcome Wagon packet to new residents.

Commissioner Svendsen pointed out that the Mayor usually distributes a packet of information to new residents and this could be included.

Commissioner Wahlstrom suggested placing articles in the newsletter and on the City website.

Commissioner Schlehuber explained that he has suggested an environmental section be placed in the Sunfish Lake Quarterly and that the Environmental Commission would be meeting tomorrow evening.

Chair McCue asked the Commissioners for their comments.

Commissioner Schlehuber indicated that he supports regulations that are reasonable and moderate such as removal of trees a certain inch diameter on the property. He also supports distribution of educational information to residents; he commented that the Buckthorn Bust event was very positive and he wishes to continue the event. He noted that the Commission could make a recommendation for removal of the invasive species based on the Forester’s assessment.

Planner Smith pointed out that if the language is not specific enough a property owner may view a decision as preferential.      

Commissioner Wahlstrom noted that each lot within the City is different and therefore it may be difficult to include specific language in the ordinance.

Chair McCue suggested leaving the language more general at this time and make a determination in the future if more specific language is necessary.

Forester Nayes suggested that Buckthorn trees 4 inches in diameter should be removed.

Commissioner Schlehuber questioned if most people would also remove smaller trees.

Clerk Iago indicated that during new construction the property owner may have the necessary equipment on site to eradicate the invasive species.


Planner Smith showed the commission a copy of the development guide she distributes to applicants and suggested that she could include a section on invasive species.   

Chair McCue commented that was an excellent idea and asked the Forester if he would work with the Planner to provide the necessary information. Forester Nayes agreed to prepare the information based on the Minnesota Department of Agriculture pamphlet and to include references to further information.

Planner Smith also suggested that the listing of trees in the Zoning Code should be updated .The Forester offered to assist her with the update of trees.

Chair McCue summarized the discussion and suggested the following language for the proposed amendment:

      “The City Forester will make an assessment of invasive species at the proposed building site. A copy of the assessment will be given to the homeowner and Planning Commission.”

Commissioner Schlehuber suggested that 4 to 6 inch Buckthorn trees be removed if the Commission wishes to focus on only Buckthorn.

Planner Smith suggested that all invasive species could be listed on the assessment sheet and that the Forester could tag the 4 inch or larger Buckthorn trees at the site.

Forester Nayes indicated that he would tag the trees within a 100 yard radius from the property line and street.

Chair McCue pointed out that tagging the trees may promote removal. She noted that the Commission could include a recommendation to Council for eradication of invasive species listed on the assessment sheet as part of the application review..

Planner Smith agreed that if the trees are tagged the property owner should take responsibility for removal and that it may promote awareness since the neighbors may question why the trees are tagged.

Commissioner Schlehuber agreed and stated that his neighbors that participated in the Buckthorn Bust have been cutting Buckthorn on their properties.  

Chair McCue suggested that Council could ask the applicant their plan for removal or control of the invasive species during their review of the application.

Commissioner Svendsen suggested adding the word “control” as part of the proposed language.

The Planner noted that when an application is submitted each staff member submits a report for review by the Commission and Council. She explained that the applicant may not have a plan for removal or control of the invasive species at the time of Council since they will not actually see the staff report until the Commission packet is distributed.

After discussion regarding where to place the proposed language Chair McCue stated the proposed amendment would be placed in Section 1208.03.B.4.

Planner Smith indicated that it may be more appropriate to give the amendment a new number and that she would leave that to the discretion of the City Attorney.  She further noted that this item could be sent to Council at their November meeting. She stated that the Planning Commission would have to conduct a public hearing, which could be accomplished at their November meeting, and then the matter would return to Council for formal adoption.

Chair McCue read the final language for the Commission and they agreed it was appropriate for submission to Council. She asked if there were any further comments and there was no response.


Commissioner Wahlstrom moved, seconded by Commissioner Schlehuber, to recommend Council consider the proposed ordinance amendment relating to invasive species:

”The City Forester will make an assessment of invasive species at the proposed building site. Invasive Species are defined by Section 1202.02 of this ordinance. A copy of the assessment is to be give to the property owner. The property owner will also be given educational materials relating to invasive species control.”

In discussion the City Forester questioned if the Commission would request an increase in the forestry budget to accommodate the increase duties.

Clerk Iago pointed out that the costs for the assessment should be taken from the escrow funds submitted as part of the application process. Planner Smith agreed that the property owner’s escrow essentially pays for staff time to prepare their reports.

Commissioner Wahlstrom questioned if the escrow amount should be increased. Planner Smith commented that she would have to wait and see if the Forester’s time to prepare the assessment impacts the escrow fund. 

Forester Nayes indicated it should not take more than two hours to prepare the assessment.

Chair McCue asked if there was any further discussion and there was no response. She called for a vote on the motion.

Motion carried.  4-0 

Chair McCue stated she would be out-of-town for the November Council meeting and asked if  anyone present could attend the meeting to respond to questions. Commissioner Wahlstrom offered to attend.

Planner Smith stated she would prepare the proposed ordinance amendment and provide background information as part of her report.

V.  OTHER/NEW BUSINESS:    

Chair McCue asked if there were any applications for the November meeting and the Planner responded no.

Commissioner Schlehuber questioned if the public hearing on the proposed ordinance amendment could be held in November. Planner Smith responded that there should be sufficient time to publish notice of the hearing if Council agrees to the proposed amendment.

Forester Nayes commented questioned if a list of duties associated with the assessment preparation would be prepared by the Commission.

There was discussion regarding whether or not the Forester should be required to walk the perimeter of each lot or the entire lot to prepare the assessment sheet.  Commission concurred to consider potential options for compiling the assessment sheet on properties and discuss it at the next meeting.

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

V.  ADJOURN:  Commissioner Svendsen moved, to adjourn the meeting at 8:15 p.m., seconded by Commissioner Wahlstrom and carried. 4-0

      Respectfully submitted,

Catherine Iago, City Clerk