SUNFISH LAKE CITY COUNCIL MEETING – JANUARY 2, 2018

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

Attendants:

Mayor: Richard Williams

Councilmembers: Mike Hovey and JoAnne Wahlstrom

City Attorney: Tim Kuntz

City Planner: Ryan Grittman

Engineer: Don Sterna and Jeff Sandberg

City Treasurer: Ann Lanoue

Building Inspector: Mike Andrejka
Police Chief: Manila Shaver

City Clerk: Cathy Iago

and Members of the General Public.

Councilmember Daniel O’Leary arrived at 7:04 p.m.

Councilmember Steven Bulach and City Forester Jim Nayes were absent

1. CALL TO ORDER: Mayor Williams opened the meeting at 7:00 p.m.

2. APPROVE AGENDA: Mayor Williams asked if there were any additions or corrections to the agenda and there was no response.

Councilmember Hovey moved to adopt the agenda, seconded by Councilmember Wahlstrom and carried. (3-0)

Councilmember O’Leary arrived at 7:04 p.m.

3. CONSENT AGENDA: Mayor Williams asked if there were any questions or comments relating to any items on the Consent Agenda and there was no response.

Councilmember Wahlstrom moved approval of the Consent Agenda as presented, seconded by Councilmember Hovey and carried. 4-0)

a. Special and Regular Council Meeting Minutes of December 5. 2017

b. List of Bills

c. Monthly Financials

4. PRESENTATIONS: a. Information on Comcast of St. Paul, Inc. Franchise Extension – Jodie Miller, Executive Director NDC4: Mayor Williams introduced Jodie Miller and asked her to provide information on the request from Comcast of St. Paul, Inc. for an extension on their franchise agreement

Ms. Miller distributed information relating to the request from Comcast of St. Paul, Inc. for a franchise extension and information relating to other issues including updates on the CenturyLink installations, Net Neutrality regulations and Small Cell Tower antenna citing. She thanked Councilmember Wahlstrom and resident Mike Kampmeyer for their service as the Sunfish Lake representatives on the cable commission.

Ms. Miller explained that the draft resolution presented this evening authorizes extending the franchise agreement to July 31, 2018. She stated that negotiations with Comcast were ongoing throughout 2017 to reach an agreement. She referred to the information that outlined the informal and formal processes that could be used to secure the new franchise agreement. She advised that the next meeting of the full cable commission is February 7, 2018 and she anticipates reaching a decision on whether progress is imminent on an informal agreement with Comcast at that time. She noted that the “Needs Assessment” was completed and that negotiations are now in the final stages. She reviewed the actions required in the event no informal agreement is reached prior to July 31, 2018 or if the formal proposal is unacceptable. She explained that if legal action is required, the League of Minnesota Cities Insurance Trust (LMCIT) would assist the cities group with legal counsel if the matter goes to court.

Ms. Miller stated that at this time she is asking the City to adopt the resolution to extend the franchise agreement to July 31, 2018 and that NDC4 expects to have either an informal agreement or to have entered the formal process with Comcast by that time. She noted that Comcast and NDC4 cannot extend the franchise indefinitely and that NDC4 prefers to negotiate an agreement with a 10-year term.

Ms. Miller explained that NDC4 is the customer complaint office and recommended that any complaints received from residents be referred to her office. She also noted that there were recently problems with the Twin Cities Public Television’s broadcast channels, which were only available in HD. She advised that this issue had been legally resolved and that the programs would soon be available in SD and HD for viewing in time to view the legislative sessions.

Ms. Miller reviewed the progress of CenturyLink with their buildout in Sunfish Lake and surrounding communities. She stated she was unsure if CenturyLink would reach its buildout of 15% in Sunfish Lake by June, 2018

Mayor Williams asked what would happen if they do not reach the goal.

Ms. Miller stated the City could find them noncompliant with their agreement, and there is a process, including possible penalties, for noncompliance.

Ms. Miller also distributed information from the League of Minnesota Cities relating to Small Cell technologies and Distributed Antenna Systems. She noted that legislation was passed May 31, 2017, that prohibited cities from establishing a moratorium on the small cell antenna installation, however, cities had until January 1, 2018 to update their ordinances in accordance with the amended law.

Mayor Williams stated that Sunfish Lake was currently reviewing updating the zoning ordinance regarding this matter.

Ms. Miller explained that Minnesota was the ninth state to pass a bill relating to the small cell equipment placement that may provide cities some ability to issue permits and charge a fee to install the equipment or to charge rent if antennaes are placed on City owned infrastructure.

Ms. Miller advised that Comcast had hired the Mayor of Golden Valley as a lobbyist and she asked that she be notified if the lobbyist contacts Council or staff in Sunfish Lake to schedule a meeting. She explained that it would be appropriate for an NDC4 representative to be in attendance if a meeting is requested.

Mayor Williams asked if there were any foreseeable problems with granting the extension.

Ms. Miller responded no and that she did not see any problems as long as Comcast continues meeting the current requirements and continues negotiations for a new franchise agreement.

Mayor Williams thanked Ms. Miller for her presentation.

5. COMMENTS FROM THE PUBLIC: The Mayor asked if there were any comments from the public and there was no response.

6. 2018 STANDARD BUSINESS PROCEDURES: a. Appointment of Acting Mayor: Mayor Williams explained that the City Attorney advised that State Statutes require Council appoint a member to serve as acting-mayor in the absence of the Mayor at the first meeting each year.

The Mayor recommended the appointment of Councilmember Hovey as the senior member of the Council to serve as Acting Mayor in his absence in 2018.

The Mayor asked if there were any further comments and there was no response.

Councilmember O’Leary moved to ratify the appointment of Councilmember Hovey to serve as Acting Mayor in the absence of the Mayor in 2018, seconded by Councilmember Wahlstrom and carried. (4-0)

b. Appointment of Planning Commissioners and Chair: Mayor Williams recommended Commissioner Shannon Nelson be reappointed to serve a three-year term beginning January 1, 2018 thru December 31, 2020 and that Tom Hendrickson be reappointed as Chair of the Planning Commission for 2018.

The Mayor asked if there were any further comments and there was no response.

Councilmember Hovey moved to ratify the reappoint of Commissioner Shannon Nelson to serve a three –year term beginning January 1, 2018 thru December 31, 2020 and to reappoint Tom Hendrickson as Chair of the Commission for 2018, seconded by Councilmember Wahlstrom and carried. (4-0)

c. Memo and Resolution Designating Official Newspaper: Mayor Williams referred to the memorandum from the City Attorney dated December 27, 2017 which advised State Statutes require Council must designate an official newspaper annually for publication of legal notices and public hearings. He also referred to the memorandum from Clerk Iago dated December 26, 2017 and the letter from the Lille Suburban Newspapers dated December 4, 2017 requesting the SouthWest Review be designated as the City’s official newspaper for 2018.

Clerk Iago explained that there was a decrease of $2.10 per column inch for each one-time publication and for each additional publication this year and that she contacted the newspaper and verified that the rate decrease was correct. She explained that the Pioneer Press had reduced their rates and that was what prompted the reduction.

The Mayor asked if there were any further comments and there was no response.

Councilmember O’Leary moved to adopt Resolution No. 18-01 titled, RESOLUTION DESIGNATING THE SOUTH-WEST REVIEW NEWSPAPER AS THE OFFICIAL NEWSPAPER FOR THE CITY OF SUNFISH LAKE FOR 2018, seconded by Councilmember Hovey and carried. (4-0)

d. Memo and Resolution Designating Official Depositories for City Monies: Mayor Williams referred to the memorandum from the City Attorney dated December 27, 2017 which explained that State Statutes require the City to designate official depositories for City funds each year. He asked the City Treasurer if she had any comments.

Treasurer Lanoue stated she was pleased with the service from the depositories and recommended Council adopt the resolution as presented.

The Mayor asked if there were any further comments and there was no response.

Councilmember O’Leary moved to adopt Resolution No. 18-02 titled, RESOLUTION DESIGNATING FUND DEPOSITORIES FOR THE CITY OF SUNFISH LAKE FOR 2018, seconded by Councilmember Wahlstrom and carried. (4-0)

e. Appointment of Weed Control Manager: Mayor Williams recommended appointment of City Forester Jim Nayes, dba/Living Sculpture Tree and Shrub Care, Inc. as the Weed Control Manager for 2018. He explained that the Forester is currently on vacation. He explained that the Forester is annually appointed to this position because he has scientific knowledge of weeds.

Mayor Williams moved to appoint City Forester Jim Nayes, dba/Living Sculpture Tree and Shrub Care, Inc. as the Weed Control Manager for 2018, seconded by Councilmember O’Leary and carried. (4-0)

f. Appointment of Noise Oversight Committee (NOC) Representative: Mayor Williams noted that Councilmember O’Leary currently serves in this position and asked if he wished to continue as the City representatives.

Councilmember O’Leary responded yes.

Mayor Williams moved to reappoint Councilmember O’Leary as the NOC representative for 2018, seconded by Councilmember Wahlstrom and carried. (4-0)

g. Appointment of Watershed Management Organization Representative: Mayor Williams explained that he currently serves as the LMWMO representative and was formerly the president of the group. He advised that he wished to continue in that capacity and asked Council to ratify his appointment.

Councilmember O’Leary moved to ratify the appointment of Mayor Williams to serve as the Council representative to the Lower Mississippi Watershed Management Organization (LMWMO), seconded by Councilmember Hovey and carried. (4-0)

7. PLANNING COMMISSION/PLANNER’S REPORT: a. Planner’s Report: Planner Grittman reviewed the following information listed in his report dated December 27, 2018. He stated there was no December Planning meeting due to a lack of applications.

The Planner referred Council to the draft “Tree Removal Guide” staff prepared and stated he would welcome any comments from Council relating to the document.

Mayor Williams stated he had no suggested changes to the document.

Councilmember O’Leary asked if the City Forester had reviewed the document.

Planner Grittman responded yes and advised that he had consulted with the Forester on the content.

Mayor Williams asked if a notice should be posted regarding changes to the tree removal regulations.

Attorney Kuntz advised that residents should be alerted of any changes.

Planner Grittman explained that there were no changes to the current City Code and that the document contains current regulations on tree removal.

The Mayor suggested that the document be posted and Councilmember O’Leary recommended that it be placed on the City website.

There was discussion regarding sending the information with the City Newsletter. Clerk Iago explained that it could be mailed as part of the newsletter depending on the size of the newsletter and if additional postage would be required as some newsletters are larger than others.

Planner Grittman explained that Council directed staff to research the Joint Powers Agreement between Sunfish Lake and the City of Mendota Heights relating to the sewer and water connection for the five (5) properties along the western border of the City. He stated that staff found the basic maintenance for the sewer is the responsibility of Mendota Heights and all repairs are the responsibility of the property owners.

Mayor Williams explained that the Mendota Heights City Engineer advised him that the sewer lines in that area are scoped every five (5) years to determine if there are any problems.

Council thanked the Planner for his report.

8. STAFF REPORTS: a. BUILDING INSPECTOR: Inspector Andrejka stated that he issued three (3) permits in December.

The Inspector explained that contractor Bob Moser had contacted him to report that the new home under construction on Salem Church Road was broken into and that damage was done to the property and equipment was stolen.

Council thanked the Inspector for his report.

b. CITY ENGINEER: Engineer Sterna introduced Engineer Jeff Sandberg from his firm and advised that he would be transitioning Engineer Sandberg into the City Engineer position in Sunfish Lake during the year. He advised that Mr. Sandberg was the formerly the City Engineer with the City of Savage and that he has extensive municipal engineering experience He noted that he would continue to support Sunfish Lake along with Engineer Sandberg regarding any issues that arise with MnDOT and that he would also continue to be involved with the Charlton Road improvement project.

1. Engineering Activities Undertaken in December: A. Charlton Road Improvements Update: Engineer Sterna stated he would review this item later on the agenda.

B. TH 3/60^th Street Intersection: Engineer Sterna explained that he met with MnDOT to discuss the current intersection sightlines and that MnDOT advised they have a project in the works to add a northbound left turn lane on TH3. He noted that this does not include any improvements for the visibility for drivers on 60^th Street looking north and MnDOT acknowledged that the sightline analysis shows the visibility looking north does not meet current standards. He advised that MnDOT stated they would be taking a closer look at possible improvements that could be made on TH3 to improve the sightlines and report back to the City once their analysis is completed.

C. Fire Number Review: The Engineer stated he would meet with Engineer Sandberg to draft a plan showing which fire numbers need replacement, new fire numbers to be added and provide suggestions at a future meeting on how best to implement the plan. He noted that the numbers cannot be installed in the winter months and that he would also include cost estimates to have the numbers installed versus using volunteers to do the installation.

Mayor Williams noted that the signs should be two-sided so that the numbers are visible from all directions.

D. TH110 Frontage Road meeting with MnDOT: Engineer Sterna stated that at the December 7 meeting with MnDOT he presented a rough concept of the potential installation of a frontage road adjacent to Highway 110 between Sunfish Lane and Mendota Road and extending the westerly leg of Angell Road north to connect to the frontage road. He noted the current entrance from TH110 to Angell Road would then be replaced with a cul-de-sac. He reported that MnDOT expressed their interest in removing access points along TH110 but also pointed out that there are no accidents at any of the access points to warrant a safety concern to trigger funding sources. He further advised that MnDOT discussed the possibility of installing a Green “T” at the Mendota Road/TH110 intersection which would allow traffic to keep moving in both lanes with the signal light remaining green at all times.

Mayor Williams asked if there is signage in place at TH110 and Mendota Road for U-Turns and Councilmember Hovey responded yes, that there is signage at that location.

Engineer Sterna advised that MnDOT indicated they would keep the frontage road option in their files for future reference.

2. Building and Site Review in December: None.

3. Public Works Activities in December: None.

4. Anticipated Engineering Activities for January: A. Charlton Road Improvements Update: The Engineer stated he would be finalizing the Feasibility Report for Council review at the February meeting based on decisions reached this evening.

B. Snow Plow Monitoring: Engineer Sterna stated he would continue monitoring the streets to insure issues are resolved. He explained that the challenge with streets such as Charlton Road relate to the fact that no heat reaches the street to melt the ice and this is due to the extensive tree cover. He advised there was an accident with injuries on Charlton Road and discussed the fact that the sand and salt are ineffective due to the cold weather.

Mayor Williams pointed out that even if there is snow melting on the road, at night it would refreeze and be difficult to determine where the icy areas are located.

Councilmember Hovey asked if MnDOT would be installing any barrier to prohibit vehicles from crossing over TH110 on Charlton Road; he commented that in his opinion this area is an accident waiting to happen.

Engineer Sterna stated he could contact MnDOT to discuss the possible installation of some type of barrier to prohibit vehicles from crossing TH110 and agreed that it is a prime location for an accident.

Councilmember Hovey asked if the City had any liability relating to allowing the installation of the turn lanes at Charlton Road.

Engineer Sterna responded no and explained that TH110 is under the jurisdiction of MnDOT not Sunfish Lake.

4. Anticipated Engineering and Public Works Activities for January: None.

Council thanked the Engineer for his report.

c. CITY FORESTER: Mayor Williams advised that Forester Nayes was on vacation.

Councilmember Hovey read the Forester’s report dated December 23, 2017 and noted that two (2) burning permits were issued in December and that the snow cowered ground provided a safety feature for burning or winter bonfires. He advised that all lakes were iced over by December 5 and trees throughout the City are in good condition at this time.
He noted that deer remains were disposed of from the eastern end of Salem Church Road, however, it was the Forester’s opinion the remains did not likely originate in Sunfish Lake. He stated that the Forester began work on Treeways, the Sunfish Lake Quarterly Newsletter and website news articles for 2018 and that he held discussion with various residents regarding tree questions in December.

Council thanked Councilmember Hovey for reading the Forester’s report.

d. PUBLIC SAFETY: Chief Shaver reviewed his report dated December 28, 2018 and noted there was a spike in burglar alarms in December but that the total for the year was less than the previous year. He advised that there was a burglary, however, he indicated there was no threat to the community as it may have been a family member who was involved. He advised that officers found mail scattered along the road that was from an address on Angell Road.

Councilmember Hovey asked if the department had any updates relating to the burglary at St. Anne’s Church.

Chief Shaver responded no and explained it was difficult as that there were no recorded serial numbers from equipment taken from the church and no surveillance cameras to review.

Council thanked the Chief for his report.

9. NEW/OTHER BUSINESS: a. Discuss Addendums to Employment Agreements and Independent Contractor Agreements Between the City of Sunfish Lake and the City Clerk/Administrator, City Treasurer and City Forester: Attorney Kuntz referred to his memorandum dated December 27, 2018 and explained that the only City Employees under contract are the City Clerk/Administrator and the City Treasurer. He advised that Council appointed Councilmembers Hovey and O’Leary to review the salaries of the employees who have agreements with the City to determine if a salary increase is warranted. He noted that if Council determines a salary increase is warranted, they should take action to adopt the proposed resolution approving the contract addendums and granting the salary increases as recommended.

Mayor Williams explained that each year Council conducts annual reviews of all staff and then appoints a committee to determine if salary increases are warranted with the contractual employees.

Councilmembers Hovey and O’Leary advised that they recommend an approximate 3 percent salary increase for the City Clerk, City Administrator, City Treasurer and City Forester in 2018 as outlined in the City Attorney’s report dated December 27, 2018.

b. Consider Resolution Approving Addendum No.11 to Employment Agreement between the City and Catherine Iago for City Clerk Services and Addendum No. 9 to Independent Contractor Agreement between the City and Iago Consulting, LLC for Administrative Services; Addendum No.5 to Employment Agreement Between the City and Ann Lanoue for City Treasurer Services; and Addendum No.9 to Independent Contractor Agreement between the City and Living Sculpture Tree and Shrub Care, Inc. for City Forester Services: Mayor Williams asked if there were any questions or comments regarding the proposed resolution approving the contract addendums and there was no response.

Councilmember O’Leary moved to adopt Resolution No. 18-03 titled, Resolution Approving Addendum No.11 to Employment Agreement between the City and Catherine Iago for City Clerk Services and Addendum No. 9 to Independent Contractor Agreement between the City and Iago Consulting, LLC for Administrative Services; Addendum No.5 to Employment Agreement Between the City and Ann Lanoue for City Treasurer Services; and Addendum No.9 to Independent Contractor Agreement between the City and Living Sculpture Tree and Shrub Care, Inc. for City Forester Services, seconded by Councilmember Hovey and carried. (4-0)

c. Consider Resolution Granting Comcast of St. Paul, Inc. a Franchise Extension to July 31, 2018: Mayor Williams asked if there were any questions or comments on the proposed resolution granting Comcast of St. Paul, Inc. a Franchise Extension to July 31, 2018 and there was no response.

Councilmember O’Leary moved to adopt Resolution No. 18-04 titled, RESOLUTION GRANTING COMCAST OF ST. PAUL, INC. A FRANCHISE EXTENSION TO JULY 31, 2018, seconded by Councilmember Wahlstrom and carried. (4-0)

d. Discussion of Charlton Road: Engineer Sterna explained that he neglected to mention that it was brought to his attention that the property owner at 5865 South Robert Trail had made alterations to the approved plan to construct a new home at that location. He stated he would contact the property owner regarding this matter and advised him that changes are necessary to correct the problem. He noted that the property owner installed additional impervious surface that was not part of the initial plan approval. He advised that the corrections may include installation of a rain garden and stated he would update Council after discussing required corrections with the property owner.

Engineer Sterna referred to his report dated December 26, 2017 and explained that he and the City Attorney had met to review the status of the easement dedications. He stated that letters were sent to property owners that requested a response regarding the easement dedications by December 11, 2017. He advised that of the 15 parcels requiring easement dedication he had received four (4) signed easement documents and that another five (5) property owners had indicated they are willing to sign the documents with some slight modifications. He stated he discussed the requested changes with one resident in attendance this evening and agreed to modify the easement document. He noted that St. Anne’s Church indicated they would be willing to grant the easement if a minor change were made. He noted that change related to a drainage pipe and would not impact the proposed road improvements. He further explained that there are two (2) residents he needs to meet with to discuss minor changes to their easement, one being Councilmember Hovey. He indicated that he changed the slope of the road to meet the driveway at the Hovey property should resolve the concern expressed by Councilmember Hovey.

Councilmember Hovey explained that his concern was related to the fact that it would be difficult to plow his driveway unless an adjustment was made to the road. He stated that he would be willing to grant the easement pending resolution of this matter.

The Engineer explained that the potential of easements that would eventually be obtained is eleven (11) and that it is his opinion there is only one (1) of the four (4) remaining parcels not yet granted that would be necessary to obtain to construct the project. He advised that the City has prescriptive rights on the other three (3) parcels and that the construction limits would fall within the current prescriptive rights area so that a formal signed document would not be necessary to construct the project.

Engineer Sterna stated that in his option there is one parcel, the Norton property, which is unwilling to grant the easement; he explained that this property does not access the Charlton Road from their driveway. He commented that the City could reduce the amount of easement on that parcel, but the City may still have to pursue some type of legal process to obtain the easement. He stated it would be necessary to have the parcel appraised and the City could then approach the property owner to see if they would be willing to grant the easement based on its value. He advised the other option would be for the City to pursue legal action to obtain the portion of the property necessary for construction purposes.

The Engineer pointed out that the only other property that is questionable for the City to seek legal action is the Dobrantz parcel. However, in his opinion the City has maintained the drainage and culverts along the road adjacent to this property over the years and, therefore, the City should have prescriptive rights on the easement.

Mayor Williams asked if the Engineer’s concern with the Norton property was related to the area beyond the prescriptive easements and the Engineer responded yes.

Engineer Sterna explained that during discussions with the residents unwilling to grant easements he recommended they contact an attorney to obtain correct information on the different types of easements and legal actions available to the City to obtain the necessary easements.

There was discussion regarding the how the time-frame to pursue legal actions to obtain the easements would impact proceeding with the improvement project and whether or not it would be possible to phase construction of the improvements based on obtaining the easements through legal process.

Engineer Sterna explained that to pursue legal process could take between 90 days to 9 months.

Mayor Williams pointed out that there are other factors to consider such as increased cost for the construction and assessments and also bonding changes that may impact the City financially.

Engineer Sterna advised that some concerns expressed by residents on the south end of the road could be addressed, but in his opinion it appears that the residents in that area are unwilling to grant easements in order to prevent the project from proceeding.

Mayor Williams pointed out that those residents unwilling to grant easement cannot stop the project and should contact an attorney to discuss the legal process and cost factors.

Councilmember O’Leary expressed his frustration that in a community such as Sunfish Lake the residents on the south end of the road do not understand that they should consider the safety factors for their neighbors and friends along the entire road.

There was discussion regarding how long the project would take to be completed and if the legal actions could delay the project. Engineer Sterna explained that the entire project could be completed in approximately six (6) weeks. He noted that the residents that are unwillingly to grant easements should be aware of the fact that once the Council begins legal proceedings, it would be wise for them to obtain legal counsel regarding the process.

Mayor Williams pointed out that some residents may not understand the cost ramifications associated with the legal process.

Councilmember O’Leary pointed out that in his opinion the City would be successful in pursuing legal action based on the safety factors associated with the road and because of the small size of the project.

Mayor William stated that based on the discussion and information from the City Engineer, it appears that the real issue is not when the project would be done, but how much it will cost based on pursuing legal actions to obtain easements on the south end of the road. He pointed out that it appears the residents unwilling to grant easements are mistakenly relying on the fact that if they do nothing, the project would not proceed. He suggested that those residents should contact an attorney who could explain how the legal process to obtain the easement works and how much it would cost them to contest the matter.

Councilmember O’Leary asked the Engineer to clarify that except for the Norton parcel, the other parcels that are unwilling to grant easements are not being changed and therefore the City could move forward and only begin legal proceedings to obtain the easement necessary for the Norton parcel.

Attorney Kuntz summarized that it appears that of the fifteen (15) easements, there are four (4) parcels unwilling to grant easements; in the opinion of the City Engineer, the City could proceed with the project within the prescriptive easements on three (3) of the four (4) parcels. He recommended that this information be verified since once the City enters a contract for construction it is a guarantee for the contractor that the work would proceed. He further noted that four (4) easements are signed, however, there are seven (7) easements that are not formally signed and in his opinion the City should not proceed to a public hearing on the project until all seven (7) easements have been signed.

Mayor Williams asked if the signed documents cover the area beyond the prescriptive easements and the Attorney responded yes.

Councilmember O’Leary pointed out that Parcel No. 4 is listed as non-responsive and asked the Engineer to clarify how many parcels are unwilling to grant easements.

Engineer Sterna explained that four (4) of the residents are unwilling to grant easements and one (1) resident is listed as “non-responsive” for a total of 5 out of 15 parcels. He stated he would actively pursue obtaining the signed easements.

Councilmember O’Leary pointed out that Council is desperately concerned about the safety of the road and wants to move forward with the project but the easements are delaying the process.

Mayor Williams suggested it may be appropriate to revise the project schedule.

Attorney Kuntz agreed and pointed out that the City would be increasing the project costs to pursue easements that residents are unwilling to grant. He stated that the Feasibility Report would have to be finalized by the City Engineer prior to conducting the public hearing. He recommended that the Engineer actively pursue obtaining a written response from the four (4) parcels which states they would not grant the easement. He reviewed the time-frame for pursuing condemnation proceedings and explained that the project costs would increase if the City pursues legal action and the project construction may be delayed. He recommended Council authorize staff to obtain an appraisal on the Norton property so that they may review that information prior to scheduling the hearing.

Councilmember O’Leary asked if the attorney fees for the City to pursue legal action could be added to the project costs and the Engineer responded yes.

Mayor Williams stated that in his opinion some residents had received incorrect information regarding legal actions the City could pursue to obtain easements; he asked if it would be appropriate for the City to send information to the residents to clarify the City’s options to obtain the easements.

Councilmember O’Leary explained that in his opinion it does not appear that a letter would change the minds of the residents who are opposed to granting the easement.

Mayor Williams stated the information may not change their minds, but may advise them of the financial impact to them if the City takes legal action and also to increase the project costs and assessments.

Engineer Sterna agreed that some residents had been misinformed regarding the City’s options to take legal action.

Shannon Werb, 2165 Charlton Road, commented that the letter the City initially sent to property owners indicated that everyone must provide the necessary easements or the project would not proceed. He suggested that it may be worthwhile for the City to restate the status of the project and that Council intends to proceed with legal action to obtain the easements necessary to complete the project. He also suggested that the residents be advised that the costs would increase substantially.

Mayor Williams agreed that it may be worthwhile to inform the residents of the City’s intent to proceed with the project and is attempting to do it as cost effectively as possible. He stated the letter could also explain the cost differentials if the easements are not granted and the City must pursue legal action.

Councilmember O’Leary commented that he would prefer to receive at least 10 signatures for easements prior to sending the letter so that the residents could be informed that a majority of the neighbors support the project. He stated the letter should include that fact that the City is hoping to avoid legal pursuits as that increases the costs substantially.

Councilmember O’Leary moved to proceed as recommended by the City Attorney to obtain an appraisal on the Norton property as soon as possible, seconded by Councilmember Hovey. Motion carried. (4-0)

Engineer Sterna explained that the appraisal would only include the portion of the property needed outside of the prescriptive rights. He noted that the City can identify where the portion of easement outside the prescriptive rights of the City and the appraisal should only include the portion necessary to complete the project.

The Engineer further explained that some of the residents bordering Sunfish Lake are very adamant that the outlet does not need to be included as part of the project, however, in his opinion the current outlet is inadequate and does not function properly.

Councilmember O’Leary stated in his opinion the outlet improvements should be considered a non-issue. He asked if he was correct that the only thing the residents could oppose were the assessments for the outlet project. He stated that in his opinion that portion of the project needs to be done and it would be inappropriate not to make the corrections in conjunction with the project.

Engineer Sterna responded that Councilmember O’Leary was correct that the residents could only oppose the assessments.

Mayor Williams commented that the City should find a method to get correct information to residents so that they understand the easement acquisition and how obtaining the easements impacts the cost of the project.

Councilmember O’Leary asked if his motion should be amended to state that only the portion outside the prescriptive easement is needed for the appraisal.

Attorney Kuntz responded that would be appropriate to amend the motion.

Councilmember O’Leary moved to amend the motion to direct the City Engineer and City Attorney to retain an appraiser to determine the cost of easements above the City’s already existing rights for the Norton Land relating to the Charlton Road Project, and Councilmember Hovey agreed to the amendment.

Mayor Williams asked if there was any discussion and, hearing none, called the question.

Motion as amended carried. (4-0)

Engineer Sterna explained that he researched the past documents relating to sewer and water repairs on the lines that service properties on the west end of the City. He explained that the documentation identified the fact that the City would be responsible for repairs and/or maintenance to sewer lines but that property owners would be responsible for maintenance and repair of the water lines. He noted that when title searches were done on the properties in that area, some of the title had recorded the utility easement, but other had not.

The Engineer recommended that the Charlton Road public hearing be moved to March pending obtaining the easements prior to the February meeting.

Councilmember Hovey asked if the public hearing is moved to March could the project still be completed this year.

Engineer Sterna explained that it would be feasible if the public hearing is held in March, but it may delay the project if it goes beyond that date. He explained that the entire project would take approximately six (6) weeks to complete.

Mayor Williams asked what would be the latest date to begin work on the project.

The Engineer explained that the project could be started in October, which means the contract would have to be awarded in July with a starting date in August.

There was discussion regarding the fact that construction work may have to be done in two parts, with the contractor returning in the spring to complete the project. Treasurer Lanoue pointed out that delaying the project would also delay levying the assessments.

Councilmember O’Leary expressed his frustration that one or two residents may delay the project and increase the costs for themselves and their neighbors.

After discussion, Council directed staff to draft a letter to residents stating that Council supports the project for safety reasons and plan to proceed, that the costs may increase in order to obtain the necessary easements and that they should seek advice from a legal specialist relating to easement rights and what the legal process involves.

Council concurred that the letter should be sent to all of the residents included in the project. Councilmember O’Leary recommended the letter should state that the cost to all residents would increase if the easements are not obtained and the City must pursue legal action.

e. Other: Mayor Williams asked if there was any further business and there was no response.

10. ADJOURN: Mayor Williams adjourned the meeting at 9:10 p.m.

____________________________ ________________________________

Catherine Iago, City Clerk Richard A. Williams, Jr., Mayor