SUNFISH LAKE CITY COUNCIL MEETING – APRIL 4, 2017
7:00 P.M. - ST. ANNE’S EPISCOPAL CHURCH
Acting Mayor: Mike Hovey
Councilmembers: JoAnne Wahlstrom and Steven Bulach.
City Attorney: Tim Kuntz
City Planner: Ryan Grittman
Engineer: Don Sterna
Environmental Specialist: Meghan Litsey
City Treasurer: Ann Lanoue
Building Inspector: Mike Andrejka
City Forester: Jim Nayes
Police Chief: Manila Shaver
City Clerk: Cathy Iago
and Members of the General Public.
Councilmember Daniel O’Leary arrived at 7:10 p.m. and Mayor Richard Williams was absent
1. CALL TO ORDER: Acting Mayor Hovey opened the meeting at 7:00 p.m.
Acting Mayor Hovey requested a moment of silence for the passing of longtime resident Michael Kampmeyer, Sr.
2. APPROVE AGENDA: Acting Mayor Hovey asked if there were any additions or corrections to the agenda and there was no response.
Councilmember Bulach moved to adopt the agenda as amended, seconded by Councilmember Wahlstrom and carried. (3-0)
3. CONSENT AGENDA: Acting Mayor Hovey asked if there were any questions or comments relating to any items on the Consent Agenda.
Treasurer Lanoue explained that the City received the Franchise Fee from the Cable Commission and the Recycling Grant funds from Dakota County, which were slightly more than anticipated. She explained that the year-to-date revenues are $8,700 over budget due to receipt of the 2016 property taxes from Dakota County in January. She stated that permit fees are lower this month.
The Treasurer distributed the City’s Financial Statement for the year ending December 31, 2016 and stated that it was sent to the State Auditor March 31, 2017 as required.
Acting Mayor Hovey asked if there were any questions or comments and there was no response.
Councilmember Bulach moved approval of the Consent Agenda as presented, seconded by Councilmember Wahlstrom and carried. (3-0)
a. Regular Council Meeting Minutes of March 7, 2017
b. List of Bills
c. Monthly Financials
Clerk Iago recommended that Council take action to receive the City’s Financial Statement for the year ending December 31, 2016 and as dated March 31, 2017.
Councilmember Wahlstrom moved to receive the City’s Financial Statement for the year ending December 31, 2016 and as dated March 31, 2017 as distributed by the Treasurer Lanoue, seconded by Councilmember Bulach and carried. (3-0)
4. COMMENTS FROM THE PUBLIC: The Acting Mayor asked if there were any comments from the public.
Kitzie Nye, 2140 Charlton Road, advised that she had questions relating to the feasibility report for Charlton Road and asked if she should wait until the item is discussed on the agenda.
Acting Mayor Hovey responded yes.
Wade Thompson, 335 Salem Church Road, requested that Council review materials he prepared relating to the issue of storing trash cans on residential property. He asked that Council consider adopting an ordinance that regulates where the trash cans may be stored on residential property.
Clerk Iago explained that the Planner had included this item in his report and it would be appropriate to discuss Mr. Thompson’s concerns at that time.
Acting Mayor Hovey asked if there were any further comments from the pubic and there was no response.
5. PUBLIC HEARING/PRESENTATIONS: a. Public Hearing to Review the City’s Storm Water Pollution Prevention Program Plan (SWPPP): Acting Mayor Hovey opened the public hearing to review the City’s SWPPP and asked the City Engineer to present the information.
Engineer Sterna explained that as part of the MS4 permitting process the City must conduct a meeting annually to educate residents on water quality issues, to review the City’s SWPPP Best Management Practices (BMPs), and to receive comments from the public on the City’s MS4 program. He introduced Environmental Specialist Meghan Litsey who would provide information and receive public comments.
Environmental Specialist Meghan Litsey distributed information relating to the Phase II National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) Permit. She explained that as part of the MS4 Program the City must report the previous year’s activities by June 30 each year. She stated that the City is required to conduct an annual public hearing for the purpose of educating the public on methods to improve water quality, to ensure permit requirements have been met, and to receive public input. She advised that the City is also required to update their current BMPs and 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 storm water runoff control, 5) post-construction storm water management, and 6) pollution prevention and good housekeeping for municipal operations.
Ms. Litsey explained that the City fulfilled the 2016 MS4 Program requirements and provided an overview of the six (6) minimum control measures. She noted that there were no large construction projects in 2016. The City met requirements by conducting an annual meeting on April 5, 2016, holding the Arbor Day Green Fair, providing newsletter articles and information on the City website, collaborating with Dakota County on the Blue Thumb workshops and conducting pre and post construction meetings for plan reviews for construction projects within the City.
Ms. Litsey stated that no illicit discharges were discovered in 2016. She explained that the City was audited by the Minnesota Pollution Control Agency (MPCA) and some recommendations were provided by the MPCA to improve the program; she noted that staff had taken care of the recommended items. She further noted that the MPCA sent out a final plan relating to Upper Mississippi River Bacteria Total Maximum Daily Load (TMDL) study and that staff provided comments on the plan. She explained that the report identified pet waste as one of the largest contributors toward contamination of drinking water sources.
Ms. Litsey advised that staff would continue to implement the program in 2017 and attempt to increase distribution of educational information to residents on what they could do at home to maintain best management practices. She offered to respond to questions.
Councilmember Daniel O’Leary arrived at 7:10 p.m.
Acting Mayor Hovey asked if goose feces would be included as one of the contributing factors to contamination.
Ms. Litsey responded yes and explained that all wildlife was included but she was unsure how to distinguish which animals were most harmful.
Acting Mayor Hovey asked if there were any questions or comments from Council or the audience and hearing none, closed the public hearing at 7:15 p.m.
Engineer Sterna explained that Ms. Litsey would work to prepare the City’s MS4 annual report for submission to the MPCA which is due June 30, 2017.
Acting Mayor Hovey asked if a copy of the report would be sent to Council and Engineer Sterna responded yes.
Council thanked Ms. Litsey for her presentation.
b. Presentation from Mike McLean, Metro Mosquito Control: Forester Nayes introduced Mike McLean from Metro Mosquito Control to present information to Council on mosquito control and disease risk. The Forester explained that he was working with residents to discuss mosquito control and disease prevention issues and he contacted Mr. McLean to provide information to Council and residents.
Mr. McLean explained that the Metropolitan Mosquito Control District had been treating mosquitos, ticks and gnats in the metropolitan area since 1958. He stated that when water remains stagnant or sites in containers, it creates a breeding site for mosquitoes. He advised there are fifty-one (51) species of mosquitoes and that not all ponding areas create breeding grounds. He noted that most of the mosquitoes that are pests breed in areas that stay wet after rainstorms He explained that good drainage is a must after a rainstorm and that infiltration ponds should be properly maintained and rain gardens should operate as designed to prevent breeding areas.
Mr. McLean stated that his organization utilizes college students to treat 80,000 stormwater basins in the metropolitan area throughout the summer months. He advised that his employer is a county level government agency and that representatives from seven (7) area communities comprise the board members. He noted that the operation is funded by tax dollars and concentrates on treating public areas. He noted that there are licensed private companies that could be hired to treat residential properties or neighborhoods if issues arise relating to mosquito borne diseases. He further explained that he could provide public education products, such as the brochures he brought for distribution this evening, for distribution to the public.
Mr. McLean advised that Forester Nayes that Sunfish Lake has scheduled neighborhood events that would attempt to remove to clean areas that serve as breeding grounds for mosquitoes, such as used tires, plant containers and other junk items. He stated that 19,000 tires were removed and recycled last year in the seven county metro area. He further advised that his organization would pick up tires that are collected during community events.
Mr. McLean stated he would work with the Sunfish Lake City Forester and the committee formed to conduct a clean-up of residential properties within the City. He noted that two residents in Sunfish Lake had contracted La-Crosse encephalitis in the past and offered to bring a representative to discuss disease issues at the next committee meeting.
Mr. McLean noted that mosquitoes would also breed in boats parked on residential properties and that residents should be sure to keep tarps tight when covering their boats. He explained that Tree Hole mosquitoes also carry disease and that residents should fill holes in hardwood trees on their property. He offered to respond to questions.
Forester Nayes asked if diseased mosquitoes can fly long distances.
Mr. McLean explained that there is only one species of mosquito that spreads the La-Crosse encephalitis virus and it usually says close to the breeding area. He explained that West Nile virus develops in storm water catch basins, but that mosquito usually bites birds, not people. He commented that there are also farm mosquitoes that are usually found in the agricultural western areas of the state.
Forester Nayes asked if mosquitoes are helpful to the environment.
Mr. McLean explained that fish eat them. He commented that female mosquitoes lay their eggs on the ground and the eggs may remain there for years until the area floods. He advised that during wet years more mosquitoes hatch, while in dryer years they are less of an issue.
Kitzie Nye explained that she has spoken to Mr. McLean on several occasions last year regarding treating an area near her mailbox that serves as a breeding area. He pointed out that one of her neighbors contracted the West Nile virus. She advised that the property adjacent to hers has been vacant for a number of years and contains a lot of debris that could be used as breeding areas for the mosquitoes. She asked if Mr. McLean could monitor that property.
Mr. McLean stated he could look at the property, however, he would have no basis to enforce a clean-up. He also advised that he would be unable to enter private property without permission from the owner unless it is declared a public nuisance and he was requested by the City to review it.
Kitzie Nye asked if young children are more susceptible to West Nile virus.
Mr. McLean stated that older adults are more affected by the West Nile virus and that encephalitis is just the opposite.
Acting Mayor Hovey asked if there were any further questions and there was no response.
Council thanked Mr. McLean for his presentation.
6. PLANNING COMMISSION/PLANNER’S REPORT: a. Planner’s Report: Planner Grittman referred Council to his report dated March 29, 2017. He explained that the March Planning Commission meeting was cancelled due to lack of agenda items.
The Planner advised that an application for new home construction at 415 Salem Church Road was submitted and put on hold for one (1) month at the applicant’s request to allow a plan revision that would change the location and positioning of the home and most likely require a height variance. He stated the application would be reviewed by the Commission in May and presented to Council at their June meeting.
Planner Grittman explained that he received several phone calls and emails from a resident regarding the placement of trash cans on residential property in the City. He advised that Sunfish Lake does not regulate the placement of trash cans at this time and some residents expressed interest in attending the Council meeting to discuss the possibility of adopting an ordinance to regulate the placement of trash cans.
Wade Thompson, 335 Salem Church Road, stated he had contacted the Planner regarding this issue and thanked the Council for allowing him to present his request. He noted that the Planner advised him the City currently has no ordinance regulating the placement of trash cans on property. He distributed an informational packet he compiled after researching ordinances in other communities that are similar in size or geographically adjacent to Sunfish Lake. He noted that all of the cities he contacted have regulations on the placement of trash cans on residential property.
Mr. Thompson advised that his neighbor that recently moved into her home had not moved her trash cans from the end of her driveway since October of 2016. He explained that when he contacted this person to request the trash cans be moved, he was told it is not illegal to leave them at the end of the driveway. He stated that he and other neighbors are of the opinion that it is not in the spirit of Sunfish Lake to leave the trash cans visible at all times and the also indicated that if everyone did so, it would create problems.
Mr. Thompson explained that in researching the current Sunfish Lake ordinances he found that Section 1216.11 Refuse, it related to trash but did not specify where the trash cans may be located. He stated he did not prepare a draft of an ordinance relating to where the trash cans could be located but asked that Council consider studying this matter and adopting language that requires the trash cans be stored from sight unless it is a designated pick-up day.
Acting Mayor Hovey explained that Council could direct the Planning Commission to study this matter and make a recommendation to Council relating to placement and storage of trash containers.
Planner Grittman agreed and suggested that if Council wished to direct the Commission to review this matter, he would place this item on the May Planning agenda and schedule a public hearing.
Councilmember O’Leary referred to the photograph attached to Mr. Thompson’s report and asked if the driveway where the trash cans are placed is shared by other property owners.
Mr. Thompson responded yes.
Acting Mayor Hovey questioned if the City could enforce the placement of the trash cans on a private shared driveway.
Mr. Thompson explained that he has worked with the other property owners on other issues and all were agreeable, however, this person is new and was not cooperative when contacted.
Councilmember O’Leary questioned how long the driveway is from the resident’s home.
Mr. Thompson stated he was unsure but it could be approximately 50 yards.
Councilmember Bulach asked how the trash cans are filled if they are always at the end of the driveway.
Mr. Thompson stated he was unsure, but possibly the property owner drives the trash to the cans.
Acting Mayor Hovey recommended that Council direct the Planning Commission review this matter as it relates to private driveways versus pubic roadways and make a recommendation to Council on adopting any additional regulations for placement of trash cans.
Councilmember Bulach referred to the regulations in the West St. Paul ordinance and asked who enforces the regulations in West St. Paul.
Chief Shaver explained that the Code Enforcement Officer would do enforcement by placing violation tags on the containers that are not removed from the end of the driveway within the allotted time period.
Clerk Iago asked Mr. Thompson if he would send the information he compiled to the Planner and Mr. Thompson advised he had already done so.
Council concurred to direct the Planner and the Planning Commission to review the information presented by Mr. Thompson relating to storage and placement of trash containers.
Mr. Thompson asked if the discussion would include private shared driveways and the Planner responded yes.
Councilmember O’Leary pointed out that the West St. Paul ordinance includes language that the trash cans must be stored in the rear yard of the property.
Attorney Kuntz explained that the Planning Commission could review both public and private driveways.
Mr. Thompson thanked the Council for consideration of his request.
Council thanked the Planner for his report.
7. STAFF REPORTS: a. BUILDING INSPECTOR: Inspector Andrejka stated that he issued four (4) and closed four (4) permits in March.
Council thanked the Inspector for his report.
b. CITY ENGINEER: Engineering Activities Undertaken in March: A. Charlton Road Feasibility Report: Engineer Sterna stated he would discuss this item later on the agenda and that he will review information relating to options, locations for curb and gutter, suggestions for easements for the roadway and drainage and options to improve the outlet from Charlton Road.
B. 2017 Street Improvement Update: Engineer Sterna explained that the bids for the project were posted and would be received on April 21, 2017. He advised the results would be presented to Council at the May meeting for action.
C. Snow Plowing for March: The Engineer stated that the City had spent $13,517 for plowing out of the $30,000 budgeted for this purpose. He noted that the same company that was used during the 2015-2016 season was hired and that there were no complaints received during this plowing season. He commented that the company used more salt than sand this season to improve driving conditions. He noted that he would not recommended street sweeping this years since less sand was used and that this would save the City $15,000 that was budgeted for sweeping. He also noted that the pipes on Charlton Road were cleaned out to improve drainage.
D. Spring Load Limits: Engineer Sterna stated that the spring load limits should be removed the middle of this month.
E. SWPPP Yearly Pubic Hearing: The Engineer stated the hearing was conducted this evening and Ms. Litsey would prepare the report for submission to the MPCA prior to June 30, 2017, a copy of which will be provided to Council. He advised he was working on some “housekeeping” ordinance amendments with the City Attorney that would be presented to Council at a future meeting.
F. Building and Site Review: None.
Public Works Activities Undertaken in the Month of March: None.
Anticipated Engineering for April: A. Charlton Road Potential Improvements: Engineer Sterna stated he would work to finalize the draft Feasibility Report and preliminary plan with proposed easements and cost estimates for the Charlton Road Improvements. He noted the next step would be to meet with residents to receive input and determine funding options for the project that would be incorporated in the final document.
B. 2018-2022 CIP: The Engineer stated he would work with the City Attorney regarding the investment summary with and without improvements to Charlton Road before finalizing the draft document so that Council would have a better understanding of the impacts to the City budget. He advised he would present a draft at the May meeting.
C. 2017 Improvement Project: Engineer Sterna explained that the bids would be opened on April 21 at 2:00 p.m. He explained that the City Attorney would send a representative from his office to attend and that he would request the Mayor also be present at the bid opening. He noted the bids would be considered for award by Council at their May meeting.
D. Snow Plow Monitoring: The Engineer stated he would continue to monitor the City streets over the next month to insure any issues are resolved.
The Engineer stated that stop signs and street signs along Sunnyside Lane should be replaced and he includes this project in the 2017 Street Improvement Project if Council has no objections.
Council concurred to authorize the Engineer to include the sign replacement in the project as requested.
Acting Mayor Hovey asked when Charlton Road would be graded.
Engineer Sterna commented that it should be done this week and that he would make it a top priority.
Anticipated Public Works Activities for April: None.
Council thanked the Engineer for his report.
c. CITY FORESTER: Forester Nayes referred to his report dated March 31, 2017 and stated he issued three (3) burning permits in March but cautioned residents that it is their responsibility not to burn in dry weather. He noted that Emerald Ash Borer was found in the City on March 6 and confirmed by the Minnesota Department of Agriculture. He explained the trees are adjacent to the powerline corridor east of Delaware Avenue. He stated that if residents have an Ash tree they wish to save, they should begin treating it now.
The Forester stated a Boxelder tree fell onto Windy Hill Road during the March 7 storm and was removed the next day.
Forester Nayes reported that a second meeting of a citizen committee working to prevent mosquito borne diseases was held on March 15 at St Anne’s Church with residents Jake Crandall and Ann O’Hagen sharing their personal experiences with mosquito borne encephalitis with those in attendance. He explained the next meeting would be held on April 29 and the committee members would walk through six (6) areas of the City to identify ideas about mosquito prevention and dropping off information to residents. He stated that the final organization meeting will be held on April 19 at the church and Mike McLean would speak at that meeting. He stated that all residents are invited to attend.
The Forester advised that Horseshoe Lake had ice out on March 21 and that he checks the outlets on Horseshoe and Sunfish Lakes weekly to insure they are open.
Council thanked the Forester for his report.
d. PUBLIC SAFETY: Chief Shaver reviewed his report dated March 30, 2017 and stated there were two (2) false alarms and several other miscellaneous calls for service. He advised that he would review the sport court situation at 55 Salem Church Road to determine if clean-up had occurred.
Council thanked the Chief for his report.
8. NEW/OTHER BUSINESS: a. Receive Charlton Road Feasibility Report: Engineer Sterna explained that this roadway had been the subject of study by the City since prior to 1994. He advised that he continues to work on finalizing the feasibility study and that the field survey, utility locations and soil borings had been completed.
The Engineer noted he found issues with the soil borings at the south end of the road where there is a higher groundwater table. He explained that sediment is carried into the ditches which causes drainage problems on the road. He advised the sub-grade material in this area was mostly sand, clay and moist due to standing water on the road. He indicated there are some areas where paving could be done on existing portions of the gravel road, but there are a couple areas where he would recommend road retraction; he noted one area is the 90-degree bend in the road. He suggested flattening the road surface in this area and determining the placement of curb and gutter. He noted that there are trees close to the roadway that would have to be removed.
Engineer Sterna explained that there are issues with parking on the north end of the road due to events scheduled at the church He advised that one option would be to keep the west side of the road narrow and widen the east side in certain areas for parking during larger events. He suggested that striping could be placed in this area for parking. He further noted that areas could be provided to parking of larger vehicles such as those used for lawn maintenance and that he had identified two areas that could be used for this purpose. He commented that he would review these proposed parking areas with the Fire Chief. He also described the design proposed for the curve near the Crandall property.
The Engineer displayed a map which showed areas colored in blue where City right-of-way was platted and other areas at the south and north ends of the road where the City does not have right-of-way. He indicated that in some areas the City may only need a 10 ft. easement, however, in other areas along the south end of the road a 15 to 20 ft. drainage easement may be necessary. He discussed placement of culverts at the south end of the road and showed areas where curb and gutter are recommended. He noted that the placement of curb and gutter would impact tree removal and that replacement of the trees may be costly. He recommended that surmountable curbing be installed to maintain a more rural atmosphere along the road. He commented that the cost for the improvements could be approximately $500,000.
Engineer Sterna distributed an informational handout titled “To Pave or Not to Pave?”, which was compiled by the Minnesota Local Resource Board to assist local government with making informed decisions on when to upgrade a gravel road. He pointed out that the City’s annual maintenance costs in years prior to 2007 were approximately $4,500 per year. He stated that he asked the City Treasurer to research the maintenance costs from 2008 to the present and she found that the City had spent $93,000 for maintenance in the last nine (9) years, whereas prior to 2008 the costs were approximately $55,000. He pointed out that the gravel and ditch cleaning during one year aided in the spike in costs for maintenance.
Councilmember O’Leary questioned the maintenance costs for a bituminous road compared to a gravel road.
Engineer Sterna explained that a bituminous road requires an overlay approximately every 8 years at a cost of $34,000 divided over 8 years. He advised that the bituminous surface would eliminate the dust and provide a higher quality of roadway life.
The Engineer explained that to proceed with the project the City would need support of residents and to obtain the necessary easements to complete the project.
Councilmember O’Leary asked how many properties would be assessed for the project if it proceeds.
Engineer Sterna stated there are 28 residential properties and 2 lots owned by St. Anne’s Church. He explained that the road is designated a “collector” road and the City’s assessment policy recommends a cost sharing of 40 for the City and 60 for property owners. He advised that the property owners would be assessed approximately $8,000 and asked to provide the dedicated right-of-way. He indicated that the property owner at the Riley corner may give more land to the City for the project and the City may consider granting a stipend for the land.
The Engineer explained that the City needs to correctly repair the road and address the issues with the outlet for Sunfish Lake that plugs due to drainage issues and gravel in the outlet. He noted that it takes a long period of time to lower the lake level when the outlet from Sunfish Lake is plugged. He pointed out that the costs associated with replacement of the 60 ft. pipe could be assessed to the property owners around the lake.
Councilmember O’Leary pointed out that $300,000 would be 60 percent of the project cost paid by the City and asked if the Engineer would provide a chart of the cost impact to the City for Council review.
Engineer Sterna responded yes and explained that the cost and impact on the bonds would be included in the feasibility report and as part of the Capital Improvement Plan (CIP) along with options for financing the project. He noted that the earliest the project could move forward would be 2018 or 2019 and there may be an overlap in bond issue payments. He stated he would present the feasibility report at the next meeting and ask Council to schedule a meeting with residents to discuss the project.
Councilmember O’Leary asked the Engineer if there was more support from residents for the project due to the effects of the rough winter weather on the road.
Engineer Sterna commented that in his opinion there appears to be more residents supporting the improvement at this time than in previous years.
Acting Mayor Hovey asked if the plans include dropping the water table at the south end of the road and what would be done to improve the sight lines when larger maintenance vehicles are parked on the road.
Engineer responded that he would recommend placing a culvert on the south end of the road to direct the water from Sunfish Lake into the wetland area. He also recommends placing two (2) “bump-out” areas for parking the larger maintenance vehicles off the roadway and showed these areas on the map he displayed.
Acting Mayor Hovey asked the City Attorney if there were any regulations the City could use to enforce parking.
Attorney Kuntz explained that the City could include language in the City ordinances which prohibits parking in certain areas along the road.
Acting Mayor Hovey asked if there were any further questions.
Kitzie Nye commented that the lawn maintenance vehicles usually park near the “blind” corner which affects traffic along the road. She pointed out that the wetland area near the south end of the road contains cattails and is a breeding area for mosquitoes.
Engineer Sterna explained that he would review the wetland area with Meghan Litsey and discuss options related to the wetland; he advised the City could purchase wetland credits to reduce the area, however it may be costly to do so.
Acting Mayor Hovey asked if there were any further questions or comments and there was no response.
b. Consider Financing Plan from Ehlers & Associates for Funding of Project 2017-01 (Salem Church Road and Roanoke Road): Attorney Kuntz explained that the Council took action to proceed with the improvement project 2017-01, Salem Church Road and Roanoke Road, and that the bids for the project would be received on April 21, 2017. He stated that Council would review the bids at their May meeting and consider awarding the contract at that time.
The Attorney stated that Steve Apfelbacher of Ehlers and Associates was present this evening to present the pre-sale report dated April 7, 2017, which outlines the proposed bond sale and recommendation for proceeding. He noted that Mr. Apfelbacher and his firm had worked with the City in 2009 and 2014 on bond issues. He stated that a resolution authorizing Ehlers and Associates to proceed with the bond sale would also be considered by Council this evening.
Steve Apfelbacher explained he prepared the $450,000 bond issue report with an estimated cost of $413,000 for construction costs that could be restructured depending on the bids received. He explained there are costs for financing, structuring the issues and the first interest payment to make the first payment in February. He advised it was structured for a 10-year period to coincide with the assessment payments. He advised the debt service would be 105% and the City is required to levy $55,000 per year and assessments would be $15,000 and the levy would be $40,000. He indicated that there would be a few thousand dollars more paid at the beginning of the issue and less paid at the end. He commented that if the City wished to proceed with the improvements to Charlton Road it would be possible to move principal payments to lessen the levy impacts.
Mr. Apfelbacher explained that he recommends Council authorize him to negotiate with United Banker’s Bank since they provide services to all banks and due to the size of the issue. He indicated that the idea is that Banker’s Bank would most likely place the bonds with banks throughout the State of Minnesota and they usually provided a competitive bid in the past.
Attorney Kuntz asked if funds would be available to pay the contractor in June of this year.
Mr. Apfelbacher responded yes.
Attorney Kuntz advised that if the project proceeds as scheduled, Council could hold an assessment hearing in September or October and certify the assessments to the county by November 15, 2017. He stated that Council action requires adoption of the proposed resolution to authorize the bond sale.
Acting Mayor Hovey asked if there were any further questions and there was no response.
Councilmember Wahlstrom moved to adopt Resolution No. 17-08 titled RESOLUTION PROVIDING FOR THE SALE OF $450,000 GENERAL OBLIGATION IMPROVEMENT BONDS SERIES 2017A, seconded by Councilmember O’Leary and carried. (4-0)
Council thanked Mr. Apfelbacher for his presentation.
c. Consider Correspondence Relating to Sport Court Lighting at 1 Grieve Glen Lane: Attorney Kuntz referred to the letter he prepared dated April 5, 2017 to the property owners at 1 Grieve Glen Lane regarding removal of the lighting on the sport court on their property and which contained background information outlining the violation of the conditions attached to approval of a Conditional Use Permit (CUP) to install the sport court in 2014. He stated that the letter requires the property owner remove the lighting that is in violation of the CUP by June 1, 2017.
Councilmember O’Leary asked if the violation would be a misdemeanor and the City Attorney responded yes.
Acting Mayor Hovey asked what the penalty would be for the misdemeanor.
The City Attorney explained that the violation ranges from $0-$1,000 for a fine or 0-90 days in jail.
Councilmember O’Leary moved to authorize the City Attorney to send the letter presented this evening to the property owner at 1 Grieve Glen Lane, seconded by Councilmember Wahlstrom and carried. (4-0)
Council asked what options are available if the property owner does not comply with the request.
Attorney Kuntz explained that Council could issue a misdemeanor violation, seek a civil injunction or conduct a hearing to raise the issue of revoking the CUP for the sport court.
Acting Mayor Hovey asked who would check to determine if the lighting was removed by the deadline.
The Attorney responded that the Planner could be directed to review the property and insure the lighting was removed.
d. Other: Acting Mayor Hovey asked if there was any further business.
Engineer Sterna requested approval to place tubes to monitor traffic on Charlton Road in three (3) locations; the middle portion, the south end near Delaware Avenue, and the north end near Highway 110. He explained that compiling traffic counts would assist with preparation of the feasibility report.
The Engineer also requested Council authorize funds not to exceed $4,500 to contract with Pine Bend Paving to patch potholes; he noted that $3,500 was budgeted for this purpose.
Acting Mayor Hovey asked if there were any questions or comments from Council and there was no response.
Councilmember O’Leary moved to authorize the Engineer to place the traffic monitoring devices and to authorize an expenditure not to exceed $4,500 for pothole repairs, seconded by Councilmember Bulach and carried. (4-0)
Engineer Sterna discussed changes he wished to make to correct the problems with the shoulder of the road on Salem Church Road were washout occurs. He indicated it would cost slightly extra to incorporate these changes.
Councilmember Bulach asked if the changes were included as part of the bid package sent and the Engineer stated yes.
Acting Mayor Hovey asked if there was any further business and there was no response.
9. ADJOURN: Councilmember Wahlstrom moved to adjourn the meeting at 8:30 p.m. seconded by Councilmember Bulach and carried (4-0)
Catherine Iago, City Clerk Mike Hovey, Acting Mayor