SUNFISH LAKE CITY COUNCIL MEETING – NOVEMBER 3, 2009

8:00 P.M. - ST. ANNE’S EPISCOPAL CHURCH

Attendants:

      Mayor:  Molly Park

      Councilmembers: Judy MacManus, and Roger Conant.

      City Attorney:  Tim Kuntz

      City Planner: Laurie Smith
      City Engineer:  Tim Hanson
      City Forester: Jim Nayes

      City Treasurer:  Mike Blair

      City Clerk:  Cathy Iago
      Police Chief Manila Shaver

     and Members of the General Public.
Councilmember DeCourcy and Building Official Russ Wahl were absent and Councilmember Richard Williams arrived at 8:04 p.m.

1.   CALL TO ORDER: Mayor Molly Park opened the meeting at 8:00 p.m. 

2.   APPROVE AGENDA:       Mayor Park stated that information was received from the Mendota Heights City Engineer regarding the request from Ed Paster to install a streetlight on Delaware Avenue. She asked that this item be included for discussion as Item 8.g. under New/Old Business. She stated that a revised cost estimate for maintenance of the streetlight would be distributed this evening by Clerk Iago. The Mayor further stated she had received information from the Mendota Heights City Engineer regarding the proposed I-494/Delaware Avenue interchange and wished to provide an update to Council; she listed this as item 8.h. She asked if there were any further corrections or additions to the agenda and there was no response.

Councilmember Conant moved approval of the Agenda as amended, seconded by Councilmember MacManus and carried. (3-0)

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

Councilmember Conant stated he had questions relating to the Monthly Financial Statements. He asked the Treasurer if the total bond interest is paid quarterly and asked if the payment was not due this month. Treasurer Blair responded that it is paid semi-annually and that it was not due this month. 

Councilmember Conant questioned the invoice for General/DUI in the amount of $2,850.00.  Treasurer Blair responded that $2,500 was for general matters and $350 was for criminal prosecution; he noted that the fees are for prosecution of  traffic offenses, assaults and DUI violations and that a percentage of the fees collected for traffic violations is reimbursed to the City by Dakota County.

Councilmember Williams arrived at 8:04 p.m.

Councilmember Conant also questioned the invoices for Salem Church Road in the amount of $1500.00 and $473.00. Treasurer Blair responded that the $1500 invoice relates to professional services by the City Attorney for work in conjunction with the Salem Church Road assessment issue and that the $473 invoice was for WSB and also relates to the Salem Church Road project for services by the City Engineer and his associates.

Engineer Hanson explained the fees were related to the assessment process and the assessment hearing.

Councilmember Conant questioned if the fees were related to the parcel that was wrongly assessed.
Councilmember MacManus suggested that it may be appropriate to provide more information on the invoices.
Treasurer Blair stated he could pass along more detail to council or they could call or email questions to him prior to the meeting. He noted that the Mayor does review all the invoices.

Councilmember Williams asked if he could scan the invoices and email the information to Council rather than print out the documents. Councilmember MacManus suggested that he could put more information in the report.

Treasurer Blair indicated that it would be less time consuming to email the documents for review versus typing additional information into the report.

Council concurred that scanning the documents and forwarding them to Council for review would be fine.

Clerk Iago reported that there was a minor correction on page 3 of the October 6, 2009 minutes; under the Engineer’s report the title for the “Baillion Site Plan Review” and that the word “State” should be removed and replaced with the word “Site”.

Mayor Park asked if there were any further comments and there was no response.      
 
Councilmember Conant moved approval of the Consent Agenda with the amendment to the minutes as presented by the City Clerk seconded by Councilmember Williams and carried. (4-0)

a.      Regular Council meeting minutes of October 6, 2009.

b.      List of Bills

c.       Monthly Financial Statements

4.   COMMENTS FROM THE PUBLIC:   Mayor Park asked if there were any comments from the public regarding items not listed on the agenda and there was no response.

5.   PLANNING COMMISSION:

a.   Planner’s Report: Planner Smith reported that the Planning Commission continued their discussion of invasive species at their October meeting which centered around some additional regulations being added to the Zoning Ordinance without being too stringent. She explained that the Commission concurred to require that the City Forester conduct a review of the existence of invasive species at a particular building site as part of the City staff’s review. She noted that project that would be affected by this proposed new requirement would be those under consideration for a Major Review and explained that all Major Reviews require review and recommendation by the Planning Commission and final review and approval by the City Council.  She stated that the City Engineer and Planner currently prepare a report on Major Reviews and that the new language would require the City Forester to conduct a review and prepare a report that lists any invasive species on the site that needs attention. She   advised that the Forester’s report would be shared with the property owner and submitted to, the Planning Commission and Council.

The Planner explained that the proposed new language would not require the applicant to take action on removal and/or control of the invasive species. It would merely serve as an educational tool to inform the property owner of the existence of invasive species and the property control measure recommended by the City forester. She advised that the Commission indicated it would be too difficult to enforce any sort of removal or control measures on individual properties, but they wanted a way to inform property owners of the existence of invasive species on the property and to offer advice as to how best to control them. She advised that the Commission also discussed adding information on invasive species to the City’s Property Owner Reference and Development Guide, which is an informal booklet given to new property owner as well as property owners, realtors and contractors inquiring about new projects and/or zoning regulations in the City.

Planner Smith stated that the Commission is asking to conduct a public hearing at their November 18, 2009 meeting, to receive public input relating to the proposed language change, as required by law prior to adopting an amendment to the Zoning Ordinance.  She explained that this matter would then be heard for formal action by Council at their December 1, 2009 meeting.  She stated that the Commission is also looking for feedback from Council this evening on the proposed language.

Mayor Park asked for comments from Council.

Councilmember MacManus praised the Commission and supported the proposal.

Councilmember Conant commented that he recalled under State law the Mayor annually appoints a weed inspector for the purpose of notifying residents of noxious weeds that need to be removed. He further commented that he   believes the weed inspector is empowered to require property owners to remove noxious weeds and if this is the case, he questioned why the amendment is necessary.

Councilmember Williams stated that Councilmember Conant is correct, however; he noted that there are various classifications of noxious weeds and that Buckthorn has not yet been identified under the classification of a noxious weed so therefore the City does not have the authority to require its removal. He recalled that Councilmember DeCourcy had suggested that Buckthorn be identified and removed from building sites when new construction occurs and that is how the discussion began on this subject.

Councilmember MacManus agreed and recalled that during the discussion the City Attorney pointed out that the City may suggest removal, but has no authority to enforce its removal. 

Forester Nayes concurred that there are various classifications for weeds; he explained that the City has authority to require removal of prohibited noxious weeds, but that Buckthorn does not fall under that category.

Councilmember Conant stated his memory may be wrong and suggested the discussion continue on the Commission request for a public hearing.

Mayor Park asked the Commission sees perceives as the intent of the new language and if any action is required this evening.

Planner Smith stated that the Commission wishes to bring to the matter of invasive species to the attention of the property owners during the application review process and to educate them on removal or control. She explained that if Council concurs with their recommendation they should pass a motion to authorize the Commission to conduct a public hearing to receive public input at the November 19, 2009 Commission meeting.

Councilmember Conant questioned if the public hearing is held after Council action. The Planner explained that the public hearing must come before formal action to amend the Zoning Code and that after the public hearing by the Commission; the matter will be forwarded to Council for final review and adoption.

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

Councilmember Williams moved to direct the Planning Commission to conduct a public hearing at their November 19, 2009 meeting regarding amending the site and building plan review procedures section relating to invasive species, seconded by Councilmember MacManus and carried. (4-0)     
 
Council thanked the Planner for her report

6    INSPECTOR’S REPORTS: 

      a.   Building Inspector: Mayor Park announced that Inspector Wahl is out-of-town this week attending the Building Officials conference and that he would present his report at the next meeting.

b.       City Engineer:   Salem Church Road Reconstruction:  The Engineer stated that turf establishment continues but was slow this past month due to the cold weather and rainfall; he noted some minor washout have formed again in areas that were recently repaired. He explained that ASTECH Corp. indicated they were scheduled to complete additional punch-list items including mailbox adjustment, placement of structure markers and cleaning of the driveway culvert at 295 Salem Church Road at the end of last week (October 29 or 30).

Charlton Road Feasibility Update:  Engineer Hanson stated this matter was discussed at the October Council meeting and he reviewed the summary by the City Attorney. He noted that some areas on the road are in need of more than routine maintenance; the Norton parcel that drainage along the shoulder of the road during wet years and has no ditch adjacent to the road; the Chase and Paster parcels have significant ditch erosion; erosion on the Crandel parcel; drainage problems on the Hovey and Malachway parcels; the sediment removal and ponding adjacent to the Slawik parcel; the drainage and overgrown trees  adjacent to the Dobrantz and Moradian parcels; and, subject to petition, paving the northerly end of Charlton road.

The Engineer recommended that the City review these parcels and prepare a 5-year maintenance plan.

Councilmember MacManus commented that there was work done on the road today, although she does not believe it was a wonderful job as the road is still bumpy. She commented that it may not be appropriate to place a large amount of gravel on the road prior to the snow plowing season.

Engineer Hanson stated it would pass along Councilmember MacManus’s comments and pointed out that the recent rain should firm up the gravel.

Councilmember Conant referred to the cleaning of the driveway culvert at 295 Salem Church Road and questioned if it was a direct result of the road project; he noted that the Engineer had indicated at the last meeting that he did not believe the culvert issue was part of the project.

Engineer Hanson stated that although he does not believe the culvert issue was directly related to the project he requested it be cleaned out as part of the project.

Mayor Park asked the Engineer to list the hierarchy of the necessary maintenance items that need to be done on Charlton Road. Engineer Hanson explained that the erosion issues and the pond drainage on the Norton property should be on the top of the list and that the list he prepared in his report is relatively close to the hierarchy order.

Councilmember Williams asked if the erosion measures would be implemented on a regular basis.

Engineer Hanson responded yes and noted that after armoring of the ditch is accomplished only periodic maintenance would be required.      

Water Meter Replacement:  The Engineer explained that St. Paul Water Utility will be replacing the water meters to the six (6) parcels served with water from Mendota Heights; they are requesting if the City of Sunfish Lake would be interested in having these residences inspected for inflow and infiltration to the sanitary sewer system concurrent with the water meter replacement. He noted that Saint Paul Utilities is currently soliciting bids to complete this work and will be presenting this matter to Sunfish Lake in the future. He estimated it would cost approximately $40 per house and that the City would be responsible to pay the costs; he recommended it be done.

Public Works Activates Undertaken in the Month of October:   Charlton Road Streetlight:  The streetlight at the 90-degree bend of Charlton Road was repaired by Xcel Energy.

Councilmember Conant asked if this was the light proposed by Mr. Paster and Mayor Park responded no that it was based on a call from a resident for an existing streetlight.

Anticipated Engineer/Public Works Activities for the Month of November:

*  Project management for the Salem Church Road Reconstruction Project
*  Fall grading and maintenance of Charlton Road and repair of potholes
Council thanked the Engineer for his report.

 

c.       CITY FORESTER:  Interim Forester Nayes stated he issued four (4) burning permits in October and due to the wet weather burning may proceed. He stated that he has approximately one hour of pruning remaining on Salem Church Road and then he will begin pruning along Charlton Road. He advised that there is a web seminar on Emerald Ash Borer and will provide information on the website for interested residents. He stated he would be conducting a survey along City streets to establish a baseline number of Ash trees.

The Forester noted that he has heard rumors of deer poaching in Musser Park and asked if Council receives any information they forward it to him as he is preparing a report.  He congratulated Tom Schlehuber and all those who participated at the First Annual Buckthorn Bust and thanked everyone for their hard work.

Council thanked the Forester for his report.

d.      PUBLIC SAFETY:   Chief Shaver was present and offered to respond to questions related to the monthly report. He stated that Officer Muellner had been working with Councilmember Williams on the Deer Management project.

Councilmember Williams explained that he had researched deer management plans with two communities, Burnsville and Brooklyn Center. He stated he had emailed information to Council for their review and that the criteria from Brooklyn Center appears to be more appropriate since they use park areas for controlled hunting. He advised he would attempt to draft a proposed policy in order to conduct a public hearing in December and then work to complete the permit and application for the controlled hunt.  He stated that in conjunction with the controlled hunt the City will have to prepare an annual report.

Councilmember Williams asked the City Attorney if the deer management plan must be completed ahead of the public hearing or if the document could be distributed at the public hearing. Attorney Kuntz stated the document may be distributed at the meeting and staff could place a notice on the website if it is available ahead of time for review.

Councilmember Williams asked the time-frame for posting notice of the public hearing. Attorney Kuntz explained the notice must be published and posted 10 days prior to the meeting.  

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

Council thanked Chief Shaver and Councilmember Williams for their reports.  

6.   OTHER/NEW BUSINESS:      

 a.  Consider Resolution Authorizing Cancellation of Special Assessment Proposed Against Property Owned by Daniel & Elizabeth Lee:  Engineer Hanson explained that he was contacted by Mr. Lee regarding the assessment on one of the two parcels owned by the Lees that was assessed as part of the Salem Church Road improvement project. He stated that the lot is a taxable parcel of record located on the south side of Salem Church Road, not adjacent to the homestead owned by the Lees, and consists of .60 acres. He advised that the Lee’s were sent a notice for both lots they own and they assumed their name was listed twice on the mailing list. He pointed out that the Lees did not question the two notices until after the assessment roll was adopted by Council at their September meeting. He advised that the parcel serves as a driveway for an adjacent property owner.

The Engineer stated that he spoke with the Planner after the Lees contacted him regarding the parcel and that the Planner advised the parcel is not currently developed and cannot be developed due to its size. He explained that he is recommending abatement of the assessment on the remnant parcel; he noted that the City Attorney indicated that the parcel does not appear to receive any benefit from the improvement since is it not a buildable lot.

Engineer Hanson stated that this type of error does occur in conjunction with improvement projects and that this is a unique circumstance.
Councilmember Conant asked if the property owner that uses the driveway was assessed for the project and the Engineer responded yes.

Councilmember Williams asked if an easement was granted to the adjacent property for use of the parcel as a driveway. Engineer Hanson responded yes and pointed out it would be an easement over a private driveway.    

Mayor Park asked if the adjacent property owner maintains and plows the private driveway.

Daniel Lee responded yes. He explained that he was under the impression that the parcel was attached to his property in order to bring his homestead lot to a minimum building lot.  Engineer Hanson explained that since the two parcels are separate this was mostly likely not the case.

Daniel Lee explained that at the time he purchased his property he was unsure of the location of the second parcel.

Councilmember Conant commented that the total assessment amount was divided equally amongst the parcels listed on the assessment roll and questioned if the project funding would be sufficient. Engineer Hanson explained the bids for the project came in under the estimated costs and therefore the City would be able to absorb the additional cost.

Councilmember Conant stated he does not oppose canceling the assessment however, in his opinion the property still receives benefit since it functions as an access. Councilmember Williams agreed that although the lot is not buildable and most likely does not meet the benefited amount established, in his opinion it still receives some benefit.

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

Councilmember MacManus moved to adopt Resolution No. 09-17 titled Resolution Authorizing Cancellation of Special Assessment Proposed Against Property Owned by Daniel and Elizabeth Lee Know as Parcel Identification  Number 38-45400-020-00 with respect to the Salem Church Road Reconstruction Project No. 2008-02, seconded by Councilmember Williams and carried. (4-0)

b.  Consider Resolution Authorizing Submission of the 2010 Small Community Funding Application to Dakota County  Requesting Funding to Operate a Citywide Recycling Program:   Mayor Park explained that she was under the impression that the deadline for submitting the application was in November and therefore she and Environmental Task Force member Holly Divine had completed the application for funding last week and mailed the document to Dakota County. She noted that the application was more detailed this year and she briefly summarized the information she provided to the County; she explained that she would provide a copy of the application if any Councilmember wished to review the document. She noted that the new application contained a point assignment to cities for activities and that some of the activities did not pertain to small cities; she noted that Mike Trudeau from Dakota County stated he would review each city individually and that he is aware of the inconsistencies for small cities.

The Mayor explained that the funds would be used for activities such as preparation and distribution of the Sunfish Lake Quarterly, distribution of recycling materials, Environmental Task Force member’s attendance at special meetings relating to recycling issues, and special studies such as reevaluation of garbage hauling and use of smaller trucks for hauling.

Mayor Park advised that Council needs to adopt a resolution authorizing submission of the grant application.

Attorney Kuntz explained that the deadline for submission of the application is November 25, 2009 and he referred Council to the draft resolution he prepared.

Mayor Park explained that she believed the application deadline was October 29 and that is why she mailed the application prior to Council adoption.
Mayor Park asked if there were any further comments and there was no response.

Councilmember  Williams moved to adopt Resolution No. 09-18 titled RESOLUTION AUTHORIZING SUBMISSION OF THE 2010 SMALL COMMUNITY FUNDING APPLICATION TO DAKOTA COUNTY REQUESTING FUNDING TO OPERATE A CITYWIDE RECYCLING PROGRAM, seconded by Councilmember MacManus and carried. (4-0)

Councilmember Conant stated he wished to have it noted that the completed application was not available at the meeting.

c.  Consider Resolution Authorizing Extension of Completion Dates under the Development Contracts for Lot 1, Block 1 and Lot 2, Block 1, Mullery Acres:   Attorney Kuntz explained that the Development Contracts with Mr. Mullery and Mr. Kampmeyer were approved by Council on July 7, 2009 for the two lots platted as Mullery Acres.  He stated that Section 10.3 of the Development Contracts required the plat of Mullery Acres to be approved and recorded with Dakota County by September 1, 2009. He further advised that in August 2009 Mr. Kampmeyer had requested an extension from the September 1, 2009 deadline to October 1, 2009 to allow time for him to obtain approval of the plat from his mortgagee. He stated that his office had agreed to the requested one month delay since it was reasonable.

Mr. Kuntz advised that Mr. Kampmeyer is now requesting an extension from the October 1, 2009 deadline to January 10, 2010 and has stated he needs the additional time to obtain plat approval from his mortgagee.

Attorney Kuntz recommended approval of the request as Mr. Kampmeyer has no control over the mortgagee’s response time.

Councilmember Williams questioned if there was prejudice to anyone and Mr. Kuntz responded no.     

Councilmember Conant questioned the purpose of the development contract and what it contains. Mr. Kuntz explained that it is a contract between the City and the developer/landowner that requires items relating to the plat to be completed by certain dates. 

Councilmember Conant asked if the plat had been signed by the City and Mr. Kuntz responded no and that the City would have to sign the plat prior to recording the document.     

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

Councilmember Conant moved to adopt Resolution No. 09-19 titled, Resolution Authorizing Extension of Completion Dates under the Development Contracts for Lot 1, Block 1 and Lot 2, Block 1, Mullery Acres, seconded by Councilmember Williams and carried. (4-0)

d.  Consider Award of Snow Plowing Contract for 2009-2010:  Engineer Hanson explained that the City received only one quote for snowplowing and sanding City streets for the 2009-2010 snow removal season; he stated that three (3) quotes were solicited. He stated that a summary of the equipment and labor rates were attached to his memorandum dated October 29, 2009 and that Pine Bend Paving held their rates from last year with the exception of the cost for sand and salt mixture.

The Engineer stated that due to the similarity in the unit prices with last year and based on past work experience with the company, he recommends awarding the 2009-2010 Snow Plowing contract to Pine Bend Paving.
Councilmember Conant questioned why only one response was received. Engineer Hanson stated he had sent packets to other local firms but they did not respond.

Councilmember Conant suggested that maybe the City should broaden its advertisement of the bid. Engineer Hanson explained that there is a smaller group of contractors that have the necessary equipment to complete the plowing and that he contacts local firms since they have a better response time and are familiar with City streets.

Mayor Park was if McPhillips was sent a bid form and Mr. Hanson responded yes. He noted that the bid forms were sent to both McPhillips and Ace; he noted that although both firms usually submit a bid they may not have done so this year since the Council has awarded the bid to Pine Bend Paving the last few years.

Mayor Park suggested possibly widening the pool of bidders next year. Engineer Hanson explained that some contractors may not be interested in bidding due to the travel issues; he noted that the costs would increase for travel and mobilization of equipment.

Councilmember Williams agreed that some geographic situations may prohibit other bidders although there may be some other companies that are closer to the City.

There was discussion regarding contacting neighboring communities for snowplowing. Chief Shaver indicated that in the past he had discussed the possibility of utilizing West St. Paul’s equipment with his City Engineer but no formal action was taken.

Councilmember Williams stated it may be practical for some communities to assist their neighboring cities, but he was unsure if it would work in Sunfish Lake. Engineer Hanson agreed that larger communities may not have the proper equipment and they most likely would have to plow their community first.

Councilmember Conant commented that it may still be appropriate to approach the neighboring communities to determine if it would work.

There was discussion regarding the streets that are plowed by the contractor and those that are private or plowed by the County and the budget for plowing.

Mayor Park called for a motion.

Councilmember Williams moved to award the 2009-2010 Snow Plowing contract to Pine Bend Paving of Inver Grove Heights as submitted, seconded by Councilmember MacManus and carried. (5-0)

e.   Discussion Relating to Fund Balances – Per Councilmember Conant:  Councilmember Conant referred to the graph he prepared relating to the City’s available cash reserves at month’s from 2007 through 2009, excluding the two abnormal months for payment of the traffic signal and the bond issue for Salem Church Road. He explained that Attorney Kuntz had distributed materials from the League of Minnesota Cities regarding the practice of cities to set aside 50 percent of operating budgets for reserves. Based on his calculations, the City should therefore retain  $182,000 for this purpose, which would leave an excess amount of $150,000.

Councilmember Conant explained that the Treasurer suggested holding the excess funds until March, 2010 and then utilizing the funds to prepay the Acorn Drive debt. He commented that in his opinion holding such a large balance is counterproductive and that the City may be losing money on the excess funds. He suggested Council give some thought to cutting back and applying the payment to Acorn Drive.

Treasurer Blair pointed out that he had suggested Council adopt a resolution in February of 2010 to pay the Acorn Drive debt, but the City must wait one more year until 2011 to actually make the payment.

Councilmember Williams read from the Sample Fund Balance Policy distributed by Attorney Kuntz  and noted that “The State Auditor’s office recommends that at year-end local governments maintain an unreserved fund balance in their general fund and special revenue funds of approximately 35 to 50% of und operating revenues or no less than five months of operating expenditures.” He agreed that the City may have more than needed at this time and pointed out that the City attempted to build up the reserves after the XCel Energy lawsuit. He agreed that the general concept is a good idea.

Attorney Kuntz pointed out that Council should look at the time-frame when the reserves are highest. He noted that the tax allotment from the County is received in December and therefore it appears high; however, the City does not receive any other payment until July and the reserves are approximately $200,000 for one-half the year. He suggested that Council consider how much would be needed for a “rainy day fund” to cover a natural disaster, litigation or savings account for special projects.

Councilmember Conant questioned if this is the highest point for reserves in the calendar year.

Treasurer Blair responded yes and noted that the City had just received the tax payment from the County. He suggested that if Council deems an amount to be above the reserves necessary, in his opinion using the additional funds to pay the Acorn Drive debt would be an ideal situation.

Attorney Kuntz agreed and noted that if the debt was paid the City would not be levying those funds and there would be taxpayer benefit.

Mayor Park commented that she wished the debt could be paid sooner than 2011. Treasurer Blair advised that the City must wait 5 years and that the Salem Church Road bond could not be paid until 2016.

Mayor Park suggested further discussion of this matter be held until February, 2010.

Councilmember Conant suggested the matter should be discussed in conjunction with the 2010 budget. He suggested the excess funds could be used to reduce taxes.

There was discussion relating to utilizing funds to reduce the tax levy. Attorney Kuntz pointed out that it may be welcome by citizens to have a tax reduction; however, it may be more appropriate to reduce the tax by installments over a 3 to 5 year timeframe versus having a large reduction one year and no reduction the next.

Councilmember Williams agreed it would be more appropriate to have phased reduction. Councilmember Conant also agreed and supported the idea of dedicating the additional funds to pay the Acorn Drive debt.    

f.    Schedule Special Meeting to Conduct Consultant Reviews on December 1, 2009 at 5:00 p.m:   Clerk Iago explained that the annual consultant reviews are conducted by Council at their December meeting and that it is     necessary to schedule a Special Meeting for this purpose.  She stated there are seven (7) consultants and that normally the review for each person is 15-minutes. She stated she would contact each person to schedule their allotted time period and suggested beginning at 5:00 p.m. and concluding at 6:45 p.m. She advised that if Council concurs, they should pass a motion scheduling the Special Meeting on December 1, 2009 at 5:00 p.m.

Councilmember Conant asked what the review involves. Mayor Park explained Council reviews past performance and asks for input regarding any future challenges perceived by the consultants.

Councilmember MacManus moved to Schedule a Special Meeting to Conduct Consultant Reviews on December 1, 2009 at 5:00 p.m., seconded by Councilmember Conant and carried. (4-0)  

g.  Review Information Relating to Mr. Paster’s Request for a Streetlight:  Mayor Park explained that the Mendota Heights City Engineer had prepared information relating to the request for installation of a streetlight at the intersection of Delaware Avenue and Huber Drive/Charlton Road. She advised that Mr. Paster had complied with the request to obtain signatures on the petition from all affected property owners in Sunfish Lake and Mendota Heights.  She stated that Mendota Heights has asked the City to partner in the project and to share the costs for installation and maintenance.

City Clerk Iago distributed a revised information sheet from Mendota Heights and noted that the annual maintenance cost for a single streetlight would be between $200 and $250; she explained that XCel had quoted the cost of $2,500 for maintenance which was all streetlights within the City of Mendota Heights.

Mayor Park asked if the County would place any restrictions on the streetlight or its location. Engineer Hanson explained the County may have minor restrictions on the light placement; he noted that the County would not support the light financially, but he does not believe they will prohibit the installation.

Councilmember MacManus questioned if the City should support the streetlight at this location based on the information received from the Mendota Heights City Engineer relating to the proposed Delaware/I-494 interchange. 

Engineer Hanson explained the streetlight would be on County right-of-way and therefore the County would pay to relocate the light if improvements were made to Delaware Avenue.

Mayor Park asked if Council wished to proceed with the cost sharing.

Councilmember Williams moved to agree to participate in the funding of the installation and recurring electrical bills for the streetlight located on Delaware Avenue at Charlton Road/Huber Drive if the light is approved for installation by the City of Mendota Heights, seconded by Councilmember MacManus and carried. (4-0)

Delaware/I-494 Interchange:  Mayor Park explained that the Mendota Heights City Engineer had forwarded a letter to Council regarding the proposed interchange at Delaware Avenue and I-494. She noted that a Open House would be held on November 10, 2009 at the Inver Grove Heights Veteran’s Memorial Center and she encouraged Council and residents to attend. She asked for comments from Council relating to the letter.

Councilmember MacManus expressed her anger that the Federal Government would spend money to build a new interchange at Delaware Avenue and close off the one at Dodd Road.

Councilmember Williams explained that it would cost a developer too much money to widen 70^th and it is inconceivable to him that the government would use other people’s money to put in such improvements. He suggested contacting Mendota Heights regarding a cost sharing to use special counsel for land use issues.

Mayor Park encouraged Council and residents to attend to express their concerns.   Councilmember Conant suggested posting the date and information on the website.     

Miscellaneous:  Planner Smith reported she had dealt with an issue relating to a temporary banner sign and that she had discussed the matter with the City Attorney who recommended a review of the current Sign Ordinance.

The Planner suggested that Council direct staff and the Planning Commission to review and propose an update to the existing Sign Ordinance.

Council concurred to direct staff and the Commission to review the Sign Ordinance.

Mayor Park advised that she was looking for a resident to host the annual holiday party.
 
The Mayor asked if there was any further business and there was no response.

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