SUNFISH LAKE CITY COUNCIL MEETING – OCTOBER 1, 2013

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

Attendants:

Mayor:  Molly Park

Councilmembers: Mike Hovey, Cathy DeCourcy, JoAnne Wahlstrom and Steven Bulach

City Attorney:  Tim Kuntz

City Planner: Emily Shively
City Engineer: Don Sterna

City Treasurer:  Ann Lanoue
Building Inspector:  David Neameyer
City Forester:  Jim Nayes
City Clerk:  Cathy Iago
and Members of the General Public.

1.   CALL TO ORDER:  Mayor Park opened the meeting at 7:00 p.m. She stated that during the past few weeks several residents have contacted her and Council to express their opinions regarding some items on the agenda for discussion this evening. She commented that she is privileged to work with such dedicated staff members who have won various professional awards in their areas of expertise, and also such a dedicated Council.  She encouraged residents who wished to speak during discussion of agenda items this evening to do so in a polite manner.       

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

Councilmember DeCourcy moved approval of the Agenda as amended, seconded by Councilmember  Wahlstrom and carried. (5-0)

3.   CONSENT AGENDA:  The Mayor asked if there were any questions or comments relating to any items on the Consent Agenda. She questioned the extremely high percentage listed for Sign & Pavement Maintenance. 

Treasurer Lanoue commented that the costs may have been listed in the wrong place. Engineer Sterna agreed and advised that the $5,862 expenditure should be a separate line item and moved under Capital Improvement Projects.  Treasurer Lanoue agreed to make the change.

Mayor Park also questioned the high percentage for the City Website.

Councilmember Hovey explained that he has not yet turned in a bill for the website yet and would do so next year. 

Treasurer Lanoue explained that this item was listed prior to this month.

The Mayor asked if the $286.00 was the annual fee was for the website. 

Councilmember Hovey suggested this be discussed further.  The Mayor asked when it would be discussed.  Councilmember Hovey responded that he would talk to the Treasurer this month and then report back to Council.     

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

Councilmember Bulach moved approval of the Consent Agenda, seconded by Councilmember Wahlstrom and carried. (5-0)

a. Regular Council meeting minutes of September 3, 2013.

b. List of Bills

c. Monthly Financials

4.   COMMENTS FROM THE PUBLIC: Mayor Park asked if there were any comments from the public.

Dan Halverson stated he wished to discuss three items.  He explained that he had to have trees removed from his property due to Oak Wilt; he asked what the City could do to assist residents in identifying Oak Wilt on their properties so that the disease does not spread to adjacent properties. 

Councilmember DeCourcy asked if the issue relates to whether the City should notify neighbors or if that is the responsibility of the neighboring property owner.

Mayor Park explained that she was notified of Oak Wilt on the property she owns that is adjacent to the lake by the City Forester.

Mr. Halverson suggested that the City should come up with a plan to identify and notify residents of Oak Wilt on their properties.

Mr. Halverson advised that he heard rumors of proposed improvements on Angell Road and Sunnyside Lane; he asked how residents could help delay wear and tear on the streets. He noted that there are three (3) different rubbish haulers in this neighborhood and suggested that the City or neighbors could get together to use only one hauler to eliminate the number of large trucks on these roads.

Mayor Park suggested that the City could research how other communities handle this issue.

Clerk Iago advised that a study was conducted by staff a few years ago and it was determined that the City cannot prohibit the number of haulers since they are not licensed by the City. She noted that the residents could get together and utilize one hauler in their neighborhood to eliminate the number of large vehicles traveling on the streets.

Mr. Halverson questioned if the City was involved in the treatment of Sunfish Lake relating to water quality issues.

Mayor Park asked the City Attorney to explain what the City has been doing to assist the lake residents regarding the water quality issues.

Attorney Kuntz explained that he and an Ad Hoc group consisting of Council representatives, the City Engineer, lake residents, and the Lower Mississippi Watershed Management Organization representative, met to discuss options for treating the lake water. He explained that the problem is the high phosphorous level in the lake and the group discussion consisted of the City providing possible solutions for improving water quality and the residents adjacent to the lake paying the costs. He further advised that the City suggested engaging bond counsel to research how monies could be raised for this purpose.  He noted that a survey was being sent to residents to receive their input on the proposal and the group is waiting for the survey results.

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

5.   PUBLIC HEARING/PRESENTATION:  a.   Congratulate Eagle Scout Graham Smith for Harmon Park Reforestation Project: Mayor Park introduced Graham Smith and his parents, Jan and Preston Smith, from Mendota Heights who were present this evening to receive a certificate of appreciation from Council for a reforestation project.

Forester Nayes explained that he was contacted by Graham was asked if there were any service projects he could assist with in an effort to obtain his Eagle Scout certification.  He advised that after discussion of several projects, he and Graham decided to remove invasive species and plan a reforestation in Harmon Park.  He noted that Graham had enlisted his parents and several volunteers to work on the project, under his supervision, and that everyone involved did an excellent job.

Mayor Park explained that her son-in-law is also an Eagle Scout and this is a very prestigious award.  She presented a certificate of appreciation to Graham on behalf of the City and its residents for his efforts in organizing the event at Harmon Park.

Graham and his parents thanked the Council.      

b.   Public Hearing to Consider Vacation of Drainage and Utility Easements Relating to the Park and Flynn Properties:  Mayor Park turned the meeting over to Acting Mayor Hovey since this item relates to her property.

Acting Mayor Hovey opened the pubic hearing to consider the vacation of drainage and utility easement for the Park/Flynn properties. He asked the Planner to provide an overview of the request.

Planner Shively explained that the applicants are requesting approval of a minor subdivision on a property where they share joint ownership; the proposed subdivision would split the parcel in half and recombined the split parcel to the adjacent parcels owned by the Parks and Flynns.  The Planner displayed the existing easements to be vacated and also the new easement that would be dedicated to the City as part of the approval of the minor subdivision. 

Acting Mayor Hovey asked if there were any questions or comments.

The Acting Mayor explained that he had received a call from a concerned resident questioning if the lot split would be detrimental from a tax standpoint. He advised the resident that the City would not be losing money since the taxes may be increased due to the larger lot sizes for both parcels. He asked if this is correct information.

Attorney Kuntz agreed that the larger lot size due to the subdivision would be added to the tax statement and may increase the amount of taxes paid on both parcels. 

Mayor Park commented that the current lot is on Sunnyside Lane, not Angell Road.

Acting Mayor Hovey asked if there were any further comments or questions and there was no response. He asked the City Attorney how to proceed and the Attorney responded that Council needs a motion to close the public hearing.

Councilmember Wahlstrom moved to close the public hearing, seconded by Councilmember DeCourcy and carried. (Ayes: (4) Wahlstrom, DeCourcy, Hovey, Bulach; Nays: (0); Abstain: (1) Park)

The Acting Mayor asked if Council could approve the two proposed resolutions under one action and the City Attorney responded yes.

Councilmember DeCourcy moved to adopt the following:

Resolution No. 13-12 titled, RESOLUTION PROVIDING FOR VACATION OF CERTAIN PUBLIC DRAINAGE AND UTILITY EASEMENTS LOCATED WITHIN LOT 4 AND LOT 5, BLOCK 1, KNUTSON ADDITION, DAKOTA COUNTY, MINNESOTA; and 

Resolution NO. 13-13 titled, RESOLUTION APPROVING A MINOR SUBDIVISION TO DIVIDE A JOINTLY OWNED PARCEL (PIN 38-42600-040-01), TO BE COMBINED WITH THE ADJACENT PARCELS LOCATED AT 2324 ANGELL ROAD AND 15 SUNNYSIDE LANE, based on the findings of fact and subject to conditions as listed in the resolution,


seconded by Councilmember Bulach and carried (Ayes: (4) Wahlstrom, DeCourcy, Hovey, Bulach; Nays: (0); Abstain: (1) Park)

Acting Mayor Hovey turned the meeting over to Mayor Park.

6.   PLANNING COMMISSION/PLANNER’S REPORT: a.   Consider Resolution Approving Vacation of Drainage and Utility Easements and Approve a Minor Subdivision, Park/Flynn Properties: Planner Shively explained the request for approval of a Minor Subdivision for a jointly owned lot between the Park and Flynn properties at 2324 Angell Road and 15 Sunnyside Lane was continued from last month to accommodate a public hearing on the vacation of the drainage and utility easements and was approved as part of the public hearing.

b.   Consider Approval of Grading and Drainage Plan, 2154 Charlton Road: Planner Shively explained the applicants propose to renovate an existing home by reducing an existing attached garage, adding a second story and changing the entryway and to construct a new detached garage. She stated that the detached garage requires a Conditional Use Permit as it would be a second accessory structure on the lot since there is an existing swimming pool.  She advised that the parcel is zoned R-1, Single Family Residential and falls within the Shoreland Overlay District for Sunfish Lake. She stated that the lot is a legal-non conforming lot of record. She noted that Council had reviewed the application at the last regular meeting and found the majority of items to be in compliance with the City Code. She explained that the matter was continued to allow the applicant additional time to revise the grading and drainage plans to meet the recommendations of the City Engineer.

The Planner explained that the City Engineer had provided additional recommendations regarding grading, site drainage, stormwater management, site access and erosion control as outlined in his report dated August 14, 2013. She advised that the applicant submitted revised plans that addressed these recommendations and that the City Engineer approved the revised plans. Staff recommends approval of the request, subject to the conditions as listed in the resolution.

Councilmember Wahlstrom moved to adopt Resolution No. 13-14 titled, RESOLUTION APPROVING THE GRADING AND DRAINAGE PLANS RELATING TO A MAJOR SITE AND BUILDING REVIEW FOR HOME RENOVATIONS AND A NEW DETACHED GARAGE, AND A CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF A SECOND ACCESSORY STRUCTURE, FOR THE PROPERTY LOCATED AT 2154 CHARLTON ROAD, LEGALLY DESCRIBED AS LOT 3, BLOCK 1, WILLIAM E. PEDERSEN ADDITION, based on the findings of fact and subject to conditions as listed in the resolution, seconded by Councilmember DeCourcy.

In discussion the Planner explained that the majority of the storm water drainage would run toward the northeast portion of the property, not towards the lake. She explained that a silt fence would be installed during construction and an infiltration basin with native plants is proposed for installation.

Architects Leffert Tigelaar and Greg Esler were present and thanked Council for allowing their client to proceed with the process while the Engineer reviewed the plans.

There was discussion relating to the City Code regulations regarding attached versus detached garages due to the fact that it may have been more appropriate to expand the existing attached garage in this instance and if the City should consider amending the zoning ordinance.  Planner Shively explained that the setback for the garage structure would be the same in either case.  Architect Leffert pointed that the height requirement is different for attached versus detached.

The Planner indicated that staff could explore the matter; however, amending the ordinance may introduce other issues.

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

Motion carried. (5-0)


c.   Planner’s Report: Planner Shively advised that no new applications were received last month or this month and therefore, the September and October Planning Commission meetings were cancelled.  She advised that she had received several inquires relating to increasing the size of the cell tower and whether or not it was at full capacity of antenna.  She advised the callers that increasing the height to add additional antenna would require a variance and asked for Council input as to whether or not a variance would be allowed.

Council concurred that the City did not wish to increase the height or number of antenna on the existing cell tower and would not approve a variance request. 

Councilmember Hovey asked if there were any other areas in the City where a tower would be allowed. The Planner indicated that the current regulations do not allow cell towers in any area except those with Institutional zoning designations and there does not appear to be any other area that would qualify. 

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

Council thanked the Planner for her report.

7.         STAFF REPORTS:  a.  Building Inspector: Building Inspector Neameyer stated that he issued five (5) building permits in September and closed seven (7) permits. 

Mayor Park thanked the Inspector for his assistance with the Dobrantz property this week and for his report.  

b. City Engineer: 2014 Street Reconstruction Project: Engineer Sterna advised this item would be discussed later on the agenda.

Public Works Activities Undertaken in September2013 Seal Coat Project: Engineer Sterna advised that the seal coating work was completed in August; however he received one concern from a resident on Acorn Drive relating to the workmanship. He stated he has been attempting to resolve the resident’s concern relating to a “streaked” appearance on his driveway which may have been caused on placing too much oil during the sealcoating process. He advised that the actual cost was $40,136, which is slightly above the amount of $40,000 requested in the budget.  Staff recommends Council approve payment for the work performed.

Charlton Road Grading/Salem Church Road Shoulder Repair:  The Engineer stated that the surface of Charlton Road was re-graded and a few loads of gravel were added to repair recent rain event damages. Also, the gravel shoulder at the east end of Salem Church Road was repaired. He advised the total cost for the repairs was $1,567 and this invoice will be forwarded to the City Treasurer for Council approval and payment at the November meeting.

Roadway Striping:  Engineer Sterna advised that Salem Church Road and the speed hump on Angell Road were striped in September and the invoice was forwarded to the City Treasurer for Council approval and payment at the November meeting.

2013-2014 Snow Plow Quotes:  Engineer Sterna advised that he sent four (4) quotes for bids in September and three (3) quotes for snow plowing were returned from Ace Blacktop, Bituminous Roadways and Professional Snow Removal Service. He stated that he attached a Snow Plow removal summary of the quotes and a comparison spreadsheet between the responsive contractors. He also attached a brief comparison of previous years’ average snowfall clearing events. He stated that last year the City selected Ace Blacktop for plowing services and they performed well with only a few concerns from residents. He explained that he ran a comparison of the quotes based on a 6-hour snowfall event using
14-tons of sand to determine which vender provides the best value to the City.  Both Ace Blacktop and Suburban Services were close, with Ace Blacktop only slightly higher in cost. He noted that Professional Services does has the proper equipment and is a local company, as is Ace Blacktop  However, he pointed out that Ace Blacktop is familiar with the City and its snow plowing methods.  Staff recommends continuing to utilize Ace Blacktop for the upcoming snow plowing season, based on their previous history with the City.

Mayor Park questioned if the Engineer was acknowledging the fact that Ace Blacktop is familiar with the wishes of residents relating to snow plowing methods and the Engineer responded yes. He further commented that Ace Blacktop personnel report to him on snowfall events and conditions prior to plowing, but indicated that Profession Services would most likely do the same. 

Councilmember Hovey commented that Ace Blacktop does not plow the entire width of Charlton Road and has not done so for the past few years, which makes it difficult for traffic to pass when church is session.  He further commented that Ace has done good work on all the other roads within the City and that they do have experience with City roads.

Engineer Sterna explained that he has discussed this with Ace Blacktop and will do so again. 

Mayor Park suggested that the Engineer could again convey to Ace Blacktop the City’s concerns relating to Charlton Road if they are chosen.

The Engineer pointed out that the work done by Ace Blacktop has been under the budgeted amount most years they have done plowing in the City and that they appear to be conscious of costs when determining plowing events.

Mayor Park asked resident Ibby Hammett if she was happy with the plowing on the other end of Charlton Road. 

Ms. Hammett stated she is happy with the plowing, but would prefer to have more sand placed near the curve in the road, adjacent to Lynette Olsen’s former home, as that area becomes very slippery.

Mayor Park commented that Ibby’s daughter Holly created the Certificate of Appreciation for Eagle Scout Graham and asked that she extended the Councils’ thanks to Holly.

Miscellaneous: Engineer Sterna discussed that fact that future repairs are pending on Highway 110 and advised he would discuss the access change at Sunfish Lane with John Solberg.

Councilmember Hovey asked if MnDOT is planning to remove the dividers on Highway 110 in other communities.

The Engineer explained that MnDOT is studying the entire corridor and he would attempt to obtain a copy of the proposed plan.  

Engineer Sterna reported that he has not heard any further information from Inver Grove Heights regarding the joint stormwater pond project and it appears the project has been postponed.

Councilmember Hovey asked if another grading would be done on Charlton Road prior to the end of the season; he noted that the recent heavy rainfall has done some damage to the road.  The Engineer stated no further grading is planned and offered to check on the condition of the road. 

Mayor Park asked if there was any further discussion or if Council was ready to take formal action is required on the snow plowing bids.

Councilmember Hovey moved to accept the bid from Ace Blacktop for the 2013-2014 Snow Plowing Season and to authorize the City Engineer to discuss concerns relating to plowing the entire width of Charlton Road with the contractor, seconded by Councilmember Wahlstrom and carried. (5-0)

Anticipated Engineering Activities for the Month of October2014 Street Improvement Project: The Engineer recommended that a public Open House to discuss the project, schedule and anticipated assessment be held in October to present the project to residents and to discuss preliminary assessment rolls.  He advised that after the public open house is completed, the next step will be to hold a public hearing, approve the Feasibility Report and order Final Plans and Specifications; he suggested this be done at the November Council meeting. He indicated Council could take action on this matter under Item 8a later on the agenda.  

Council thanked the Engineer for his report.

c. CITY FORESTER: Forester Nayes stated he issued one (1) burning permit after submitting his formal report for the month.  He advised that he took two possible oak wilt samples to the University of Minnesota plant disease laboratory for testing; one tested positive and one negative He stated he met with the property owners regarding the results and advised them of action to be taken. He reviewed the different types of oak trees that can transfer the disease from one property to another.  He explained that he has checked areas where oak wilt had been discovered in previous years and met with landowners as necessary.  He pointed out that he does go into the woods on private property looking for oak wilt and suggested that an article be placed in the next City newsletter that explains to residents what to look for and that they should contact him for information or to confirm the disease. He also suggested that residents could talk to their neighbors if they suspect oak wilt on neighboring properties or contact the Forester to talk to them.

The Forester reported that he removed a large sofa that was dumped on Salem Church Road and Windy Hill Drive and advised that residents should call him if they see items along the roadways for removal.

Councilmember Hovey asked if there were any problems on City property where oak wilt could be transferred to neighboring properties.  The Forester explained that there is one site near Musser Park, however, in his opinion it should not be an issue.
Council thanked the Forester for his report.

d. PUBLIC SAFETY: Chief Shaver reported there were three (3) false alarms in the City this month and that the number has almost reached the total amount for last year. He suggested that homeowners be advised to take more care with their alarm systems. He noted that there was a theft of mail from a mailbox and reiterated that residents should not put mail in their mailboxes or should obtain locks for the mailboxes. He advised that the ordinance violation was related to an occupancy issues and that the extra patrols were due to a suspicious vehicle in a neighborhood. 

The Chief reported that on October 5 the Rotary Club would be conducting a clean-up on Delaware Avenue; he explained this is an annual event.

Council thanked the Chief for his report.

8.   NEW/OTHER BUSINESS: a. Discuss Proposed 2014 Street Improvement and Assessment Report: Engineer Sterna explained that he was contacted by the Mayor and asked to remove Upper 55th Street from the proposed 2014 Street Improvement project. He noted that there is only one home accessing the street and that the church does not have access at this time to Upper 55th Street.  He explained that when I-494 was constructed, MnDOT placed a large cul-de-sac on the street, which in his opinion could be reduced and also the width of the street could be reduced.

The Mayor explained that in her opinion the street is very wide and has the large turn around. She suggested that removal of the street from the project would allow the City to discuss some options for improvement of the street that may be more appropriate since it only serves one home.

The Engineer suggested that some interim maintenance could be done on the street if it is removed from the project.

Councilmember Bulach commented that he was also going to suggest removing the street from the project, but questioned if the City would have liability if no improvements are done.   The Engineer stated he was not aware of any liability issues and reiterated that the City could continue to do patching and minor repairs to the road

There was discussion relating to vacating the road and turning it back to the resident. Attorney Kuntz explained that although the church does not have access to the road, adjacent property owners would have to be given an easement or sign a waiver stating they give up rights to an easement. He indicated that it is unclear how the City acquired the roadway and pointed out that if it had been platted, it would have been equally split to adjacent property owners.

Councilmember DeCourcy suggested that Angell Road also be removed. She pointed out that Sunnyside Lane was recently seal-coated, but Angell Road was not included in the project. She commented that some neighbors along Angell Road have stated their driveways are in worse condition than the roadway.

Engineer Sterna explained that seal-coating would not have been appropriate for Angell Road and that the roads are rated at different levels for the type of project to be completed. He pointed out that Angell Road is proposed for an overlay at this time, which is less costly than a total reconstruction. He commented that the culverts were going to be replaced and the turn around at the end of Angell Road would be increased to accommodate the safety turn around of passenger vehicles.  He explained that seal coating adds no structural strength to the road, which is necessary on Angell Road and would be done with an overlay.  

Councilmember DeCourcy questioned why the portion of Angell Road near her home is in such poor condition when the road from Sunnyside Lane to Highway 110 has more traffic.  The Engineer responded that there could be a difference in the depth of the pavement used, however; he would have to do core testing to verify this fact. He pointed out that he is also unaware of the reason Windy Hill Court is in such poor condition since it is a newer street than Angell Road.

Mayor Park asked if the Engineer would explain to residents the rationale for recommending the various improvements at the open house meeting and the Engineer responded yes.

The Engineer advised that Angell Road was installed in 1989 and a typical overlay to preserve a street is done when it is 15 years old. He pointed out that several other roads within the City are beyond their normal 20-year lifespan such as Grieve Glen Lane, Roanoke Road, Salem Church Road, Zehnder Road and Pieper Road. He advised that staff rates the streets and then recommends improving a few streets each year to spread out the costs.

Councilmember DeCourcy stated that the first portion of Sunnyside Lane was also installed in 1989 and only sealcoated.

The Engineer explained that his firm was not working in the City at that time and indicated that if inspections were not done when the road was installed, there could have been an issue with the sub-grade or the bituminous materials used. He commented that moisture is the biggest enemy leading to deterioration of the roads and that he is unsure why one portion of the road remained in better condition.  He stated his firm was hired in 1996 which also preceded the gravel work on Charlton Road. He indicated that Angell Road was excluded from the sealcoating project because the ratings determined that the road needed an overlay.

Councilmember Hovey recalled that Angell Road may have been removed because the former engineer, Tim Hansen, was reviewing the culverts on the road and found they needed replacing.

Engineer Sterna agreed that the culvert project was discussed and that it would be more economically feasible to do any road repairs in conjunction with the culvert replacement project.

Mayor Park asked the City Attorney what steps would be necessary to proceed at this time.

Attorney Kuntz advised that if Council wished to remove Upper 55th Street from the project or delay the improvements on that street for further study, they should pass a motion excluding it from the 2014 improvement projects. He also discussed the fact that removal of the street would change the project costs an assessment roll for the proposed project.  He commented that if Upper 55th Street was included in a future project, the costs may increase. 

Mayor Park pointed out that a study may find that the City does not wish to improve the road to the same standard, which may cost less. 

The Attorney stated that if the road is removed from this project, the City would still have to fix potholes and maintain the road in drivable condition.

Engineer Sterna pointed out that it is his job to manage the City infrastructure and therefore he determines projects so that the larger improvements are spread out so that costs and assessments are feasible. He noted that the next larger project is slated for 2019 and that Upper 55th Street could be added at that time.  He advised that it is most cost effective to combine a number of projects than to do them individually.

The Engineer stated he wished to present the proposed 2014 Improvements to affected property owners at an open house meeting to receive their feedback on the project. After the meeting, he advised he would present a feasibility report to Council with the final plans and specifications and, if approved, he would solicit bids so that the project could begin in May of 2014.

Engineer Sterna advised that Windy Hill Road is in poor condition and has drainage issues with ice build-up that creates a hazardous during the winter months. He commented that the open house would provide a means to inform residents on what the City proposes to do and to receive resident input regarding the proposed improvements.

There was discussion relating to whether or not the proposed assessment roll changes if Upper 55th Street is removed.

The Engineer advised that the proposed assessments would not change by removing the street; however, he explained that the assessment amounts could change after  discussion with Council regarding what level of assessment would be appropriate and what cost-share the is determined to be reasonable. 
Mayor Park asked if there were any further comments and there was not response. She asked Council to take action on removing Upper 55th Street from the 2014 Street Improvement project.

Councilmember DeCourcy moved to remove Upper 55th Street from the Proposed 2014 Street Improvement Project, seconded by Councilmember Wahlstrom.
In discussion, Councilmember Hovey stated his only concern is that the cost for improvements to the street in the future will increase.  The Mayor commented that it may not increase costs depending on the type of improvement that is done.

Councilmember Wahlstrom recalled discussion to have the street remain gravel. The Engineer advised that would be an option, however, he noted that the City would then be fighting the same conditions that exist on Charlton Road.

Councilmember Bulach commented that he is split 50/50 in his assessment of the matter; he advised that in his business he faces the same issues and that he understands the cost savings to include smaller projects with larger projects.

Attorney Kuntz advised that if the road would be included with the next major projects slated for 2019. The Engineer pointed out that the City may spend approximately $4,000 to $5,000 annually to patch the roadway for maintenance purposes.

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

Motion carried. (5-0)


The Engineer advised that Council should determine a date to schedule an open house or a special meeting to discuss the project with residents.

Councilmember Hovey questioned if core samples or testing could be done to determine why one portion of Angell Road is in worst shape. The Engineer agreed that the tests would be good to determine what caused the road deterioration.

Councilmember Bulach asked if core samples were taken on Windy Hill Road or Angell Road.  The Engineer explained that samples were not recommended for Angell Road because it is only an overlay. He advised that staff had already determined that the cause of deterioration on Windy Hill Road is due to the fact that the sub-grade was gone. He explained that fabric would be placed to strengthen the road when Windy Hill Road is reconstructed.

There was discussion relating to whether to conduct an open house meeting with only two members or the full Council present at the meeting.  The City Attorney pointed out that the cost allocations would have to be revised if Upper 55th Street is removed from the project.  The Mayor suggested that a special meeting be set on October 16, since the Planning Commission meeting was cancelled and the church should be available. She recommended between 6:00 and 8:00 p.m.

Councilmember Hovey moved to schedule a Special Council meeting on October 16, 2013, from 6:00 to 8:00 p.m. at St. Anne’s Church, for the purpose of conducting an Open House to discuss the Proposed 2014 Street Improvement Project, seconded by Councilmember Bulach and carried. (5-0)

Engineer Sterna stated that notices would be sent to affected property owners and Attorney Kuntz asked the Clerk to post Notice of the Special Meeting at the church and on the City website.

b.  Consider Approval of Amended Cooperation Agreement for the Dakota County Community Development Block Grant Program (CDBG) and Second Supplement:  Clerk Iago explained that the City currently participates in the Community Development Block Grant Program (CDBG), along with other Dakota County cities. She stated the County requested Council adopt the amended Cooperation Agreement and Second Supplement agreement.  She explained that the City Attorney reviewed the document and staff recommends authorizing the Mayor and City Clerk to sign them.
Councilmember Hovey asked if there is any cost for participation in the program and the Mayor responded no. 

Councilmember DeCourcy moved to approve the Cooperation Agreement and Second Supplement for the Dakota County Community Development Block Grant Program and authorize the Mayor and Clerk to execute the documents, seconded by Councilmember Hovey and carried. (5-0)


c.  Consider Scheduling an “Open House” Meeting to Receive Citizen Input Regarding the Proposed FAA Plan to Implement R-NAV in the Southeast Corridor:  Mayor Park explained that she wished to conduct an Open House for residents to provide their concerns regarding the Metropolitan Airport Commission and Federal Aviation Authority’s proposed new R-NAV system for the airport. She suggested that the City could then prepare an outline or “mission statement” to present to these entities. She advised that after the meeting, the information gathered would be processed by a core group of individuals and a statement crafted for Council review. She proposed that the meeting be held in November, possibility on the third Wednesday if there are no Planning Applications. She stated that Councilmember DeCourcy agreed to serve on the committee and asked if anyone else wished to serve.  

Attorney Kuntz pointed out only two members of Council could be present unless a special meeting is held.

After a brief discussion, Council concurred that it would be appropriate for Mayor Park and Councilmember DeCourcy to attend the meeting and then report back to Council.

Councilmember Wahlstrom moved to concur with the Mayor’s recommendation to hold an Open House for the purpose of discussing the proposed R-NAV system and gathering information to prepare a statement from the City to present to MAC and the FAA, seconded by Councilmember Bulach and carried. (5-0)

d.  Other BusinessReport on the Dobrantz Property: Councilmember Bulach explained that he contacted three contractors, Semple, Bolander and Kamish, regarding demolition and removal of debris at the Dorantz property and that he received only one reply.  He explained that he was out-of-town and the Mayor and Building Inspector met with the Dobrantz siblings to discuss the proposal.  He reviewed the two-phased proposal from Kamish in the amount of $28,690.00 and indicated that the initial phase would include demolition of the house, barn and other buildings on the property, disconnecting utilities, abandonment of the well ,and removal of the foundation, which would be done before winter. He stated the second phase would include the removal of all debris and hazardous materials from the site for disposal and this phase would be completed in the spring. He pointed out this is a tough site and in his opinion the other bids may be higher. He suggested it may be appropriate to have at least one more bid for the property owner to review.

Council questioned the next steps and Attorney Kuntz advised that the property owner must move forward on the matter and that no action is necessary from Council. 

Councilmember Hovey asked if the property owner was receptive to the process. The Mayor responded yes, but she was unsure of their response after reviewing the quote. She asked if the City has done everything at this time to accommodate the issue.  The Attorney responded yes and that no further action would be necessary unless the property owner refuses to move forward.

November Council Meeting: Attorney Kuntz explained that because the School Board election will be held on the evening of the regularly scheduled Council meeting, it may have to be delayed until 8:00 p.m.  He stated he would check on this and have the Clerk forward an email to Council with the time of the meeting.

Mayor Park read a thank-you note from Michelle Barness and her family regarding the baby gift sent from the City.    

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


9.   ADJOURN: Councilmember Hovey moved for adjournment at 8:55 p.m., seconded by Councilmember Bulach and carried.  (5-0)

___________________________                                           ___________________________

 

Molly Park., Mayor                                                                 Catherine Iago, City Clerk