SUNFISH LAKE CITY COUNCIL MEETING – JANUARY 7, 2014

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

Attendants:

Mayor:  Molly Park

Councilmembers: Mike Hovey, Cathy DeCourcy and Steven Bulach

City Attorney:  Tim Kuntz

City Building Official: David Neameyer

City Planner: Michelle Barness
City Engineer:  Don Sterna
City Forester:  Jim Nayes

City Treasurer:  Ann Lanoue

City Clerk:  Cathy Iago
Police Chief Manila Shaver

and Members of the General Public
Councilmember JoAnne Wahlstrom was absent.

1.   CALL TO ORDER:               Mayor Park opened the meeting at 7:00 p.m. and thanked Council and staff for their service in 2013 and stated that she looks forward to a continued excellent working relationship in 2014.

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

Councilmember Hovey moved approval of the Agenda, seconded by Councilmember Bulach and carried.
(4-0)

3.   CONSENT AGENDA:  The Mayor asked if there were any questions or comments relating to any items on the Consent Agenda.

Councilmember DeCourcy asked for a correction on page 6 of the December 4 Regular Council meeting minutes. She explained that she suggested the deer “count” be done in the summer or fall, not the deer “hunt”.  Clerk Iago stated she would amend the minutes as requested.

The Mayor shared the fact that she received emails from the Police Chief and Forester regarding conducting a deer count; she asked them to provide Council the information they sent her.

Chief Shaver advised that the Mendota Heights Police Chief recommended Sunfish Lake conduct the count in 2015 as a joint venture with the two cities to save on the cost of the helicopter.  Forester Nayes explained that he plans to attend a seminar conducted by the Three River Park District relating to deer management in the Metro area.

Mayor Park asked where and when the meeting would be held. The Forester responded it is scheduled on January 29, between 10 a.m. and 12 p.m. at the Three Rivers Park District offices in the City of Plymouth. He explained that Three Rivers assisted with coordinating several cities to conduct deer counts a few years ago and that other strategies for deer management would be discussed at the meeting.     

Mayor Park suggested the issue of managing and living with wildlife could be a topic for future discussion. She asked if there were any further comments and there was no response.

Councilmember DeCourcy moved approval of the Consent Agenda with the correction to the December 4 Regular Council meeting minutes as requested, seconded by Councilmember Hovey and carried. (4-0)

a. Regular Council and Special Council meeting minutes of December 4, 2012.

b. List of Bills

c. Monthly Financials

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

5.   2014 STANDARD BUSINESS PROCEDURES: a.   Appointment of Acting Mayor:  Attorney Kuntz explained that State Statutes mandate that Council must appoint a member to serve as acting-mayor in the absence of the Mayor at  the first meeting each year,

Mayor Park recommended the appointment of Councilmember Hovey as the senior Councilmember to serve as Acting Mayor in her absence in 2014.

Councilmember DeCourcy moved to ratify the appointment of Councilmember Hovey to serve as Acting Mayor in the absence of the Mayor in 2014, seconded by Councilmember Bulach and carried. (4-0)

b.                          Appointment of Planning Commissioners and Chair: Mayor Park explained that the terms of Commissioners’ Arnulf Svendsen and Gordon Peters expire this year. She advised that she spoke with both Gordy Peters and Arnie Svendsen to thank them for their service and explained she was going to appoint new members to the commission, since both their terms had expired. She stated that Dr. Svendsen had served 12 years on the Planning Commission and had chaired it at least twice during that time.

The Mayor briefly reviewed the resumes submitted by residents Shari Hansen and Ginny Beckett and pointed out that both appear to have a strong educational background and a wealth of life experiences to assist them in making sound decisions as commissioners.   She recommended the appointment of Shari Hansen and Ginny Beckett to serve three-years terms expiring in 2016. 

Mayor Park advised that she was unable to receive confirmation from Commissioner Andrea McCue as to her interest in serving as Chair of the Commission; she asked to defer the appointment of the Chair until the February meeting.

Councilmember DeCourcy asked if Shari Hansen is currently working full-time and the Mayor stated she was unsure.

The Mayor asked if there were further comments or questions and there was no response

Councilmember Hovey moved to approve the reappointment of Shari Hansen and Ginny Beckett  to serve  
three-year terms as Planning Commissioners commencing in January, 2014 and to table the appointment of the  Chair of the Commission to the February meeting,, seconded by Councilmember DeCourcy and carried. (4-0)

c.   Memo and Resolution Designating Official Newspaper: Mayor Park referred to the memorandum from the City Attorney stating that Council must designate an official newspaper annually for publication of legal notices and public hearings. She also referred to the memorandum from Clerk Iago and the letter from the Lille Suburban Newspapers requesting the SouthWest Review be designated as the official newspaper for 2014.

Clerk Iago explained that Lillie Suburban Newspapers was the only paper to submit a request to be designated as the official publication for the year 2014. She explained that the rate for publication would slightly increase again this year; however, she noted the City does not have a substantial amount of items for publication. She pointed out that the only other paper to serve the City would be the Pioneer Pres and their fees most likely would be higher than the SouthWest Review. She recommended appointment of the SouthWest Review as the official newspaper for 2014.  

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

Councilmember Bulach moved to adopt Resolution No. 14-01 titled, RESOLUTION DESIGNATING THE SOUTH-WEST REVIEW NEWSPAPER AS THE OFFICIAL NEWSPAPER FOR THE CITY OF SUNFISH LAKE for 2013, seconded by Councilmember Hovey and carried. (4-0)



d.   Memo and Resolution Designating Official Depositories for City Monies: Mayor Park referred to the memorandum from the City Attorney advising that each year the City designates official depositories for City funds.

Treasurer Lanoue explained that she recommends designating Wells Fargo Bank and Wells Fargo Advisors as the official depository for City Funds. She stated she was satisfied with the performance of Wells Fargo and Wells Fargo Advisors and that they are FDIC insured. She noted that the City has had a good working relationship with the bank.  

Councilmember Hovey asked if she had checked to determine if any other banks would offer better rates.

The Treasurer advised that she had checked and there does not appear to be any yield on anything at this time. She explained that she does check on other offers and that the City has the option to purchase from other brokers. She pointed out that she is not as conservative as the previous City Treasurer and that she has purchased some “step-ups” and does not just purchase Certificates of Deposits.

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

Councilmember Hovey moved to adopt Resolution No. 14-02 titled, RESOLUTION DESIGNATING FUND DEPOSITORIES FOR THE CITY OF SUNFISH LAKE FOR 2014, seconded by Councilmember Bulach and carried. (4-0)

e.   Appointment of Representatives to Cable Commission: Mayor Park stated that James Sullivan is the current citizen representative and that Councilmember Wahlstrom is the current Council representative.

Clerk Iago stated she was unsure if their appointment was for one or two years and that she would review the minutes from last year.  She suggested delaying action on this matter to February.  Council concurred.

f.   Appointment of Weed Control Manager: Mayor Park recommended the appointment of City Forester Jim Nayes, dba/Living Sculpture Tree and Shrub Care, Inc. as the Weed Control Manager for 2014. She explained that Forester Nayes had agreed to serve in this capacity.

Council concurred to ratify the appointment of City Forester Jim Nayes, dba/Living Sculpture Tree and Shrub Care, Inc. as the Weed Control Manager for 2014.

g.   Appointment of Watershed Management Organization Representative: Mayor Park explained that former Councilmember Judy MacManus and resident Andrea McCue had served as the representatives for the past year. She stated that she would contact Judy MacManus to determine if she wishes to continue as the City representative and asked that this matter be delayed until the February meeting.

Council concurred to defer action on this item to the February meeting.

6.   PLANNING COMMISSION/PLANNER’S REPORT: a.  Planning Report:  Planner Barness stated the Planning Commission meeting in December 2013 was cancelled due to lack of applications. She reviewed the following inquiries as listed in her report dated December 31, 2013:

8 Roanoke Road: The Planner explained that staff was contacted by an abutting neighbor to this address regarding concerns relating to tacking of dirt out of the site, construction activity starting early in the morning or continuing late into the night and concern equipment/vehicles parking near public right-of-way. The neighbor also inquired about the required distance between driveways and side yard lot line setbacks.  She advised that staff contacted the City Engineer regarding tracking dirt from the project site and he advised that sediment movement off the site is not permitted. The Engineer stated he would contact the property owners to address this issue. 

The Planner explained that she had contacted the property owner to request they take necessary steps to correct the other concerns and they agreed to adhere to the City’s requirements. However, the Planner noted that after submitting her report to Council another complaint was received relating to the property owners parking in the neighbor’s driveway.  She advised she would send a letter to the general contractor outlining all concerns received from the neighbors and listing the City’s requirements to correct the concerns. 

Mayor Park asked if the construction was close to completion.  The Planner advised the Building Inspector would be better able to address this question. 

Councilmember Hovey suggested that the property owners be sent a copy of the letter she sends to the contractor. The Planner advised that the property owner is the general contractor.

329 Salem Church Road: Planner Barness explained that she was contacted by Scott Foss of S & P Construction regarding the addition of a fourth garage staff on the existing garage at this address. She advised that Mr. Foss indicated the subject property has significant topographic changes and that to work with these conditions would require a side yard setback variance for an accessory building in the Shoreland Overlay District.  She stated she forwarded information on the process for a variance application to Mr. Foss and that she would meet with him to review the proposed plan and discuss opportunities for proceeding with or without the variance request.

Fuel Tank Abandonment:  The Planner explained that she was contacted by the Mendota Heights Fire Chief regarding the issue of fuel tank abandonment procedures for a property located in Sunfish Lake.  She noted the City Zoning Ordinance provides minimal regulation of underground fuel thanks and requires that fuel storage uses comply with requirements from the Minnesota State Fire Marshal and Minnesota Department of Agriculture Offices.  She advised that the fuel tank in questions is less than 1,100 gallons and that the Fire Chief indicated that the Fire Code provides little guidance for regulating removal of underground tanks of this size. She further noted that the Minnesota Pollution Control Agency (MPCA) regulations do not apply for tanks less than 1,100 gallons.

Planner Barness stated she corresponded with staff at the MPCA and they described recommended methods for fuel tank removal regardless of the tank size. Staff also discussed fuel tank removal methods with the Fire Chief and provided the Chief additional information pertaining to State funding for residential tank removal, State licensed contractors and removal procedures; the Chief indicated he would share this information with the residents who inquired. The Planner suggested that this information could be used for an upcoming City Newsletter and posted on the City website.

Mayor Park asked if the property address was given and the Planner responded no.  The Planner pointed out that the Fire Chief recommended a soils test be done in conjunction with the tank removal; however, the current City regulations do not require testing.

The Planner stated that the January Planning meeting was cancelled since no new applications were received.  

Council thanked the Planner for her report.

7.   STAFF REPORTS: a.   Building Inspector: Inspector Neameyer reported there was light permit activity in December and seven (7) permits were closed. He stated that the building at 2078 Charlton Road was abated and the final grading done; he advised he reviewed this property and that it looks good.

Councilmember Bulach agreed that the property looks better, but noted that further review and additional clean-up should be done in the spring.  There was discussion relating to what remains to be done on the property and what the City may do to assist with further clean-up of the property. The Building Inspector indicated that it would be difficult to review the additional clean-up required on the site until spring and pointed out that the City may not have authority to intervene with the process.

The Inspector explained that he had done inspections on the insulation of the property at 8 Roanoke Road this week and that he also recommended cleaning the street of dirt to the property owners. He commented that he did not notice an issue with the dirt in the street since the end of November.      

Council thanked the Inspector for his report.

b. City Engineer: Engineering Activates Undertaken in the Month of December: 2014 Street Reconstruction Project: The Engineer referred to his report dated December 30, 2013 and stated that Council accepted the Feasibility Report for the project at their November 5, 2013 meeting.  He explained that he met with the City Attorney in December to review the project schedule, construction costs, associated indirect projects and to review the necessary document to be approved by Council before a construction contact could be awarded.  He advised that the review of the project’s indirect costs showed the need to increase these costs from 20% to 26.5% and that he had prepared an itemized breakdown for presentation later on the agenda.  He noted that he had revised the Feasibility Report to reflect this adjustment to the indirect costs, which increased the project costs from $330,000 to $347,775.  He stated he would request approval of several items associated with the project later on the agenda. He also noted that he would schedule meetings with a few of the property owners to discuss the proposed assessments for their parcels.

The Engineer briefly reviewed the proposed project schedule for the improvement and explained the goal is to keep the project moving in order to certify the assessment in time to be placed on the 2015 tax roles for the City.      

MS4 Reauthorization Application to MPCA: The Engineer stated that staff completed and submitted the reauthorization for the MS4 permit required by the MPCA. He advised that staff will have to address the MPCA’s comments in January and should receive approval by the end of February.  He reviewed the activities that the City must complete in 2014:

- Ordinance revisions for construction site erosion and sediment control

- Ordinance revisions for post-construction stormwater management

- Long-term operation and maintenance requirements for stormwater treatment practices

- Developing writing procedures for site plan reviews, inspections and operation and maintenance of the City’s
municipal system

- Annual training of staff (Forester, Planner, and Building Inspector)

The Engineer pointed out that Sunfish Lake is unique due to the fact that home construction grading is done on an individual basis versus as part of a large development. He proposed that the annual staff training would include more pro-active methods relating to these issues that could be documented for the MPCA.

Mayor Park commented that she was told by the Director of the MPCA there may be funds available for hiring interns to help with projects. The Engineer stated he would look into the funding, but indicated it may be for larger housing development versus individual projects.   

Snow Plowing Activity: Engineer Sterna stated he received several calls in December from residents expressing their concerns; one mailbox was hit and was repaired by the contractor and several concerns regarding to the width of plowing on two City streets. He stated he also received a complaint regarding dumping of water on Charlton Road by a contractor working in town; he contacted the company responsible and they placed sand over the area where the water was dumped.

Councilmember Hovey commented that the contractor did a nice job on Charlton Road and suggested more salt on both ends of Charlton Road would be good. 

Anticipated Engineer/Public Works Activities’ for the Month of January: Snow Plow Monitoring:  Engineer Sterna stated he would continue to monitor snow and ice removal on City streets and asked that he be contacted with any concerns.

2014 Street Reconstruction Project: The Engineer stated he would finalize the improvement plans and specifications for construction to be presented to Council at the February 55, 2014 meeting for approval. He also advised he would request Council authorization to place the advertisement for bids later this evening. 

Councilmember DeCourcy asked the Engineer for an approximate number of building sites that could be placed on the Mager property.


Engineer Sterna indicated approximately 6 to 9 sites may be available on this parcel. He explained that he reviewed the property 7 or 8 years ago and there was discussion relating to the roadway placement and layout due to the topography on the site.  He commented that he road placement would be instrumental in determining the number of building sites.

Council thanked the Engineer for his report.

c.   CITY FORESTER: Forester Nayes reported that he issued two (2) in December, 2013 and that he conducted a walking survey on several City streets in an attempt to locate and evidence of emerald ash borer (EAB) infestations. He advised that no evidence was found on any streets and that he also found no evidence within the City parks or the Russ Wahl Wetland.  He asked that residents be encouraged to call the Forester if they notice trees with excessive woodpecker activity or any other issues of concern.  He advised that he found two (2) freezers on Upper 55^th Street and after contacting the property owner he found that the freezers were placed outside to be picked up for disposal. 

The Forester asked that Council approve the Arbor Day Proclamation to establish May 3, 2014 as Arbor Day in the City and authorize the Mayor to sign the document. 

Forester Nayes asked if Council wished to have him review all the fire number signage within the City to insure legibility for emergency vehicle access; he noted that this is done every few years. 

Council concurred to have the Forester review the fire number signs within the City to insure they are legible.

The Forester suggested that staff attempt to acquire emails from all residents within the City in order to provide them information relating to important issues.  He commented that he could contact each resident; however, the cost to do so may be expensive.

Mayor Park pointed out that compiling this information had been suggested in the past in order to provide notification to residents for emergency situations; she suggested this may be possible in the future.  She recalled that there was some discussion relating to preparation of a management plan for the City parks and suggested that this could also be a topic for future discussion.

Councilmember DeCourcy noted that she read the cold weather is advantageous toward controlling EAB as it kills the larvae.  The Forester agreed and also noted that the cold wet spring helped to eliminate the box elder bug infestation.          

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

Council thanked the Forester for his report.

d.      PUBLIC SAFETY: Chief Shaver reviewed his report dated December 31, 2013 and stated that the two false alarm calls were cancelled prior to the officers’ arrival.  He advised that a resident noticed a suspicious person in their yard after hearing the dog bark, but did not report the incident until several hours later; he encouraged residents to call police immediately when this type of incident occurs.

Mayor Park thanked police staff for their contribution to the City newsletter. 

Chief Shaver stated he would be willing to work with the City Forester to assist with identifying fire number signs for replacement.      

Council thanked the Chief for his report.

8.   NEW/OTHER BUSINESS:

a.   Consider Four (4) Resolutions Relating to the 2014-01 Street Improvement Project: Mayor Park asked the City Attorney to review and explained the actions necessary to move forward with the 2014 Street Improvement Project.
Attorney Kuntz referred to his report dated December 31, 2013 and advised that all four (4) resolutions relate the project and are required under the State Statutes, Chapter 429 regulations relating to improvements.  He provided a brief summary of the proposed resolutions as follows:

-  A resolution to accept the revised feasibility report and call for a public hearing on the project;
-   A resolution  to approve the Preliminary Financing Plan and to prepare public hearing notices for the project;
-   A resolution to approve the Project Schedule; and

-   A resolution to appoint WSB & Associates, Ehlers & Associates and Kennedy and Graven to assist with the project

The Attorney pointed out that in the future, Council approval of the final assessments for the project would requires a 4/5ths or strong majority vote by Council in order to pass.  He explained that the City would borrow money for the project and that Steve Apfelbacher of Ehlers & Associates and Jenny Bolton of Kennedy and Graven would be hired to assist with the bond issue. He advised that residents would be provided preliminary information on the proposed assessments for the project and that the proposed cost sharing figures shown in his report were influenced by the land appraisal information received from the appraiser.  He advised that the assessment would be spread over a 10-year period with an interest rate of 1-1/2 to 2% above what the City would pay to the bank or the property owner may pay the full amount within 30 days with no interest. He briefly reviewed the project schedule which calls for a public hearing on February 5, 2014.

Mayor Park asked if all the resolution could be approved with one motion and the City Attorney responded yes.

Councilmember Bulach moved to adopt the following, seconded by Councilmember Hovey:           

Resolution No. 14-03 titled, RESOLUTION RECEIVING FEASIBILITY REPORT AND CALLING FOR A PUBLIC IMPROVEMENT HEARING FOR 2014-01 STREET IMPROVEMENT PROJECT;

Resolution No. 14-04 titled, RESOLUTION APPOINTING WSB & ASSOCIATES, EHLERS & ASSOCIATES AND KENNEDY & GRAVEN TO  ASSIST WITH 2014-01 STREET IMPROVEMENT PROJECT;

Resolution No. 14-05 titled, RESOLUTION APPROVING PRELIMINARY FINANCING PLAN IN ORDER TO PREPARE PUBLIC HEARING NOTICES FOR 2014-01 STREET IMPROVEMENT PROJECT; and,

Resolution No. 14-06 titled, RESOLUTION APPROVING PROJECT SCHEDULE FOR 2014-01 STREET IMPROVEMENT PROJECT.

Motion carried. (Ayes: 3-Bulach, Hovey, Park; Nays: 1-DeCourcy)

Councilmember DeCourcy explained that she was opposed to the project because her road would be under construction during the entire summer.

Engineer Sterna explained that the project would be spread out over the summer and that the improvement to Angell Road should be completed within five (5) days.

Attorney Kuntz asked if the bids and contract would include language that requires the contractor to be finished with the project within a certain time period after it begins. The Engineer responded yes and advised there would be some flexibility with the starting date, but the project would be completed within a certain time-period once it starts.

Mayor Park advised that some other residents had expressed the same concerns relating to the project. She asked if a strong majority vote was required this evening on the resolutions.

Attorney Kuntz explained that the resolutions passed this evening do not require a strong majority vote, but that it would be required in the future to approve the project.

Mayor Park asked if Councilmember DeCourcy wished to change her vote.

Councilmember DeCourcy stated she preferred to wait until she views the final plans to see how many trees would be removed. She pointed out that the existing trees block the lighting from the car dealerships across the highway and she did not wish to see them removed.

Councilmember Bulach asked if the bids would include deadlines for the project completion.  Engineer Sterna advised that deadlines would be established based on when the work begins.  He indicated that items such as the final lift of bituminous may be delayed in order to save costs by including the final list on all streets at one time versus individually.     

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

b.   Discuss Addendums to Employment Agreement and Independent Contractor Agreement Between the City  of Sunfish Lake and the City Clerk/Administrator, City Treasurer and City Forester:   Mayor Park  noted that the City Attorney prepared a report dated December 31, 2013 which outlines the background of how the employment agreements with the City Clerk/Administrator and Treasurer were initiated due to the regulations of the Public Employees Retirement Association (PERA). She noted the report includes data on the 2013 compensation for these positions and she recommended a cost of living increase for each position. She explained that the Clerk position and Administrator position are paid on a monthly basis and the Treasurer and Forester positions are paid on an hourly basis.

Councilmember DeCourcy recommended the Clerk/Administrator be given a larger percentage increase if possible under the PERA guidelines.

The Mayor explained that she had discussed this matter with the City Treasurer and was advised the salary amount could not exceed $15,480 as required by the IRS.

The Treasurer explained that the Clerk’s salary would be mandated by the Social Security and IRS guidelines until next year when she reaches full retirement age, at which time the guidelines are removed.

Mayor Park suggested that staff could do further research regarding the Clerk/Administrator’s salary and defer action to the next meeting.

Councilmember Bulach suggested a 3 percent increase for the Treasurer and Forester positions.

Councilmember Hovey asked if the contracts expire in December, 2013.  The Attorney advised that the contracts continue until such time as one of the parties decides to terminate the agreement.

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

Councilmember Bulach moved to approve a three (3) percent salary increase for the City Treasurer and Forester and to defer discussion of the Clerk/Administrator’s salary increase to the February Council meeting, seconded by Councilmember DeCourcy and carried. (4-0) 

c.   Consider Draft Resolution Addressing the Implementation of Performance Based Navigation  (PBN)/ Area Navigation (RNAV) Procedures: Mayor Park stated that she was very proud of the document that was drafted by the residents group and she thanked the City Attorney for preparing the resolution proposed for adoption this evening.  She explained that there have been indications there will be a lot of activity between the Noise Oversight Committee (NOC) and the Metropolitan Airport Commission (MAC) this next month, however, the FAA has not yet stated if they are planning to instigate the RNAV system in Minnesota. She pointed out that the RNAV system has not been used in any other part of the country and that it has been suggested that all twelve of the cities comprising the NOC draft a statement addressing concerns. She commented that if the resolution is adopted this evening, it would not be publicity released until it is timely to do so.  

Councilmember DeCourcy asked if interested residents had seen the proposed resolution. The Mayor explained that residents had seen the draft information complied at the meeting, but not the draft resolution. 

Councilmember Hovey offered to make a motion for further discussion of the resolution.

Councilmember Hovey moved to adopt Resolution No. 14-07 titled, resolution ADDRESSING THE IMPLEMENTATION OF PERFORMANCE BASED NAVIGATION (PBN)/AREA NAVIGATION (rNAV) PROCEDURES, seconded by Councilmember DeCourcy.

In discussion, Councilmember Hovey expressed concern relating to the language included in item No. 5 and explained that it brings back memories of the funds spent relating to the Xcel power line issue.  He commented that he preferred to place a monetary limit for hiring legal counsel if this language is to be included in the resolution. 

Mayor Park pointed out that if legal advice is sought in the future, it would be defined and residents would be advised that they would be responsible for the costs, not the City. She commented that there may be attorneys within the City willing to provide their services for reasonable fees.

Councilmember Hovey agreed that the City should request a seat on the NOC, but suggested the language in the second sentence be changed so there is no misconception that the City would be responsible for the legal costs.

Councilmember Bulach pointed out that any costs would have to be presented to Council for discussion and approval.

Attorney Kuntz suggested amending the language as follows: “The City will seek to clearly delineate the legal issues.” 

Clerk Iago suggested that an amendment stating: “The City will work with its residents to clearly delineate the legal issues.”  She pointed out that although the current language does not bind the City to any financial responsibility, the proposed language more clearly defines that the City will only work with the residents to define the issues.

Councilmember DeCourcy asked if all residents would have input or only those directly in the proposed flight path.  The Mayor responded that the flight path will impact the entire community and anyone interested would be involved.

There was discussion relating to the possibility of the City’s legal involvement or future responsibility for sharing the costs of legal counsel.  Mayor Park suggested that the City could define its level of monetary commitment if that would be Council preference.

Clerk Iago asked if the matter could be delayed for further discussion. Mayor Park explained that she wished to have the document available prior to the NOC meeting on January 15. She stated she was comfortable with the language amendment proposed by the City Clerk. She asked if the maker and second of the motion would be agreeable to amend their motion to include this language change and adopt the amended resolution.

Councilmembers Hovey and Bulach, as maker and second agreed to amend their motion to revise the second sentence language change proposed by the City Clerk under No. 5 to state:  “The City will work with its residents to clearly delineate the legal issues.” and adopt the resolution as amended.  Motion as amended carried. (4-0)

d.  New/Other Business: Arbor Day Proclamation: Forester Nayes asked that Council approve the Arbor Day Proclamation to declare May 3, 2014 as Arbor Day in the City.

Councilmember Hovey moved to approve the Arbor Day Proclamation and to authorize the Mayor to sign the document, seconded by Councilmember Bulach and carried. (4-0)

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

9.   ADJOURN: Councilmember Bulach moved for adjournment at 8:40 p.m., seconded by Councilmember Hovey and carried.  (4-0)

___________________________                                                ___________________________

Molly Park, Mayor                                                             Catherine Iago, City Clerk