SUNFISH LAKE SPECIAL CITY COUNCIL MEETING – WEDNESDAY, FEBRUARY 7, 2018

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

Attendants:

Mayor: Richard Williams

Councilmembers: Mike Hovey, Steven Bulach and Daniel O’Leary

City Attorney: Tim Kuntz

City Planner: Ryan Grittman

Engineers: Don Sterna and Jeff Sandberg

City Treasurer: Ann Lanoue

Police Chief: Manila Shaver

City Clerk: Cathy Iago

and Members of the General Public.

Councilmember JoAnne Wahlstrom arrived at 7:05 p.m.

Building Inspector Mike Andrejka and City Forester Jim Nayes were absent

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

2. APPROVE AGENDA: Mayor Williams asked if there were any additions or corrections to the agenda.

Attorney Kuntz requested an item be added under 8.d. Other, To Conduct a Closed Session with the Council, City Attorney and City Engineer, to discuss correspondence from property owners Hammett and Ginkel relating to easement acquisition for the Charlton Road Improvement Project. He explained that Council authority to conduct a closed meeting is supported by Section 13B.05 of the Minnesota State Statutes.

Mayor Williams requested an item be added to the agenda under 8.d. Other, Discussion of relating to potential traffic issues arising from the Vikings practice facility and event center.

Treasurer Lanoue submitted an amended List of Bills under Item 3.b. for Council consideration and explained that the amended information included the payment to the Building Inspector that was inadvertently omitted from the original list.

The Mayor asked if there were any other additions and there was no response.

Councilmember Hovey moved to adopt the agenda as amended, seconded by Councilmember O’Leary and carried. (4-0)

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

Councilmember Wahlstrom arrived at 7:05 p.m.

Clerk Iago referred to her memorandum requesting an amendment to the motion on page 3 of the January 2, 2018 Council meeting minutes to remove Tom Hendrickson and Alan Spaulding from reappointment to the Planning Commission since their terms have not yet expired.

Councilmember Bulach moved approval of the Consent Agenda as amended with the correction to the January 2, 2018 minutes and with the revised List of Bills submitted by the Treasurer, seconded by Councilmember O’Leary and carried. (5-0)

a. Regular Council Meeting Minutes of January 2, 2017

b. List of Bills

c. Monthly Financials

4. COMMENTS FROM THE PUBLIC: Mayor Williams asked if there were any comments from the public and explained that resident Scott Spaeth had contacted him to discuss his concerns relating to people feeding deer in the City. He stated that the deer population in the City greatly exceeds the number the land can support and reviewed some facts relating to why it is not a good idea to feed the deer.

The Mayor pointed out that the City has an ordinance that prohibits feeding deer and that Council should discuss whether or not they wish to pursue enforcement of the ordinance at a future meeting.

Ibby Hammett, 2196 Charlton Road, explained that she was one of the property owners that had water service extended to her home that was currently located under Charlton Road. She asked if any discussion had been held regarding whether or not the City would take ownership of the water main if the improvement proceeds. She referred to an agreement from 1980 and noted that the document that referred to “the following described land” for portion of the property owned for the water main extension. She asked if the City could provide the legal description for the property owners and if the other owners had been notified.

Engineer Sterna explained that he contacted the City of Mendota Heights and was provided a copy of the 1980 agreement for the sanitary sewer and water main connections to Sunfish Lake residents. He advised that the Mendota Heights Engineer explained that the sanitary sewer is reviewed and serviced by Mendota Heights, but that the water main maintenance and repair would be the responsibility of the property owner. He explained that while reviewing the properties to determine if easements had been recorded, he found that the Hammett’s title shows a recorded easement for the utilities and that the easement is located in their driveway, not within City owned land.

Mayor Williams explained that the legal description could be the entire property and that the property owner should check with Dakota County to find the information.

Engineer Sterna explained that he would have to have a surveyor review the legal description.

Ms. Hammett explained that the legal description mentions “Exhibit A”, but the exhibit was not attached.

Engineer Sterna asked her to send him the information so he could research the matter.

Michael Divine, explained that he is an attorney and is present to represent his mother-in-law Ibby Hammett. He asked what the potential costs would be for the City to pursue condemnation for an easement for one property.

Attorney Kuntz explained that question could be answered during the Charlton Road discussion later on the agenda. He explained that staff had outlined potential easement areas, but not potential costs. He stated that he would be glad to share the information on costs when that is determined.

Mr. Divine stated he had not seen all of the proposed easements and that some appear to be larger than others. He asked if the City Attorney would suggest the easements would cover the prescriptive rights area or beyond.

Attorney Kuntz explained that he had an opportunity to have discussion with Mr. Divine regarding the possible expansion of the easement on the Hammett property; however, as of yesterday the Engineer determined the construction could be accomplished within the prescriptive rights area. He stated that he would not inform Council that the prescriptive rights includes an expanded area.

Mr. Divine stated that he disagrees with the City Attorney’s opinion that the ditch would be covered by prescriptive rights. He explained that in the past Ibby had expressed concern are safety conditions on the road. He noted that Ibby walks her dog on the road and that she had seen crazy drivers and that his grandmother was hit and killed by a car.

Shannon Werb, 2165 Charlton Road, stated he mother-in-law was recently injured on Charlton Road and that the road needs to be improved.

Mayor Williams agreed and noted that Mr. Werb’s mother-in-law’s car was hit on the roadway curve. He explained that the proposed road construction would improve the sightlines and the sharp curve.

Councilmember O’Leary agreed that Council is extremely concerned with traffic and pedestrian safety. He noted that less dangerous roads had been paved and that the speed on the road would have to be controlled by the Police Department.

Mayor Williams pointed out that an unpaved road poses more dangerous icing situations in the winter months than a paved road.

Jeff Norton stated he was present representing his mother Martha North, 2148 Charlton Road, and asked if any outside experts had reviewed the road.

Mayor Williams explained that the road improvement had been under discussion for several years and that outside experts had been consulted in the past.

Engineer Sterna pointed out that the curve on the road does not meet roadway standards, the area is heavily forested so sunlight does not assist with snow melting, the guardrail had received extensive damage and had to be replaced on several occasions, and there are many documented accidents on the road. He pointed out that the configuration and other items he noted support the dangerous condition of the road and the need for improvement.

Mayor Williams asked if there were any further comments from the public and there was no response.

5. PUBLIC HEARING/PRESENTATIONS: None.

6. PLANNING COMMISSION/PLANNER’S REPORT: a. Planner’s Report: Planner Grittman referred to his report dated February 1, 2017 and stated that the January Planning meeting was cancelled due to lack of applications. He advised that the Planning Commission would meet in February to conduct a public hearing on a Zoning Ordinance update to regulate the placement of Small ell Wireless Tower and Equipment. He stated the amendment would be presented to Council in March for consideration.

The Planner advised he continues to work on the Comprehensive Plan update. He explained that prior to final submission of the Comp Plan to the Met Council, the City needs to update its Comprehensive Storm Water Management Plan and that he would work with the Engineer on the update. He stated that the current plan was adopted in 2009 and the Met Council advised it is outdated.

Mayor Williams commented that the task should be small to update the Storm Water Plan since there are no storm sewers in the City.

Planner Grittman stated he was unsure and would defer comment to the City Engineer.

Council thanked the Planner for his report.

7. STAFF REPORTS: a. BUILDING INSPECTOR: Clerk Iago advised that Inspector Andrejka was unable to attend the meeting this evening. She referred Council to the Inspector’s report and stated that he issued 4 and closed 11 permits in January.

Council thanked the Clerk for presenting his report.

b. CITY ENGINEER: Engineering Activities Undertaken in January: A. Charlton Road Improvement Update: Engineer Sterna stated he would reserve this discussion until later on the agenda.

B. TH 3/60^th Street Intersection: The Engineer explained that he had not received a response from MnDOT regarding the proposed project to add a northbound left turn lane on TH 3. He noted that the project does not include any improvements for the visibility for drivers from 60^th Street looking north. He stated that the MnDOT sightline analysis showed the visibility looking north does not meet current standards for vehicles from 60^th Street trying to access TH 3. He further explained that the MnDOT work plan for this year included plans to widen TH 3 at 60^th Street for left turns.

Mayor Williams commented that widening TH 3 would not help southbound traffic visibility. He pointed out that visibility will get worse with the proposed addition of 120 housing units to be constructed in Inver Grove Heights near 70^th Street.

Engineer Sterna agreed and pointed out that MnDOT may have to raise TH 3 due to a dip in the road that limits visibility. He commented that Inver Grove Heights is one of the largest undeveloped land areas in the Metro area and the traffic issues will increase with its development.

C. Fire Number Review: Engineer Sterna stated that staff is in the process of preparing a recommendation to replace the 30 to 40 missing or damaged fire numbers in the City. He stated that he recommends sending out for quotes to have a private firm supply and install the signs and that he would present this matter for discussion at the March meeting.

D. Comprehensive Stormwater Plan Update: The Engineer referred Council to the memorandum dated February 6, 2018 which outlines the proposal for services to update the City’s Stormwater Plan. He explained that as part of the City’s Comprehensive Plan Update the Met Council requires an update of the Stormwater Management Plan. He stated that the proposed cost of $9,975. He advised that it would be very expensive to complete a full model of the Stormwater Management Plan at this time, however, this portion of the proposal would meet the requirements in the Comprehensive Plan Update.

Councilmember O’Leary asked if the proposal includes Task 2a.

Engineer Sandberg explained that completing Tasks 1 through 8would meet the Met Council guidelines for the City’s Comprehensive Plan Update. He stated that the Comprehensive Plan Update must be completed every 10 years, however, the information included in Task 2a is not required as part of the Comprehensive Plan Update. He pointed out that the items listed in Task 2a provide information that would be used to create a city-wide hydrologic model for all of the estimated 114 subwatersheds in the City and that this information had not been compiled since 1991. He advised that Task 2a could be accomplished in 2019 or 2020 and that the City could apply for grant funds for the project.

Councilmember O’Leary asked what value the information would provide to the City and if it would be harmful to delay the project..

Engineer Sandberg pointed out that there are 114 subwatersheds within the City and the information would provide the City Engineer with updated date when reviewing improvement projects. He stated it would not be harmful to delay this proposal.

There was discussion relating to the type of information that would be compiled in Task 2a. Engineer Sterna advised that the new stormwater events show an increase of 20 percent in runoff and the data would be used to plan for future improvement or development projects within the City. He commented that the City could wait a couple of years to complete this portion of the proposal.

Engineer Sandberg explained that the Stormwater Plan Update proposal is required as part of the Comprehensive Plan Update.

Councilmember Hovey asked if the $28,000 cost for Task 2a would be above the $9,975 cost for the other tasks listed and Engineer Sterna responded yes.

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

Councilmember O’Leary moved to authorize the expenditure of $9,975 to complete the 2018 update to the City’s Comprehensive Stormwater Management Plan, Tasks 1-8 with the exception of Task 2a, as outlined in the proposal from WSB dated February 6, 2018 to meet the requirements of the City’s Comprehensive Plan Update, seconded by Councilmember Bulach and carried. (5-0)

E. Pavement Management Update: Engineer Sterna stated that every 3-years the City performs a city-wide pavement evaluation, sign inventory and culvert inspection. He explained that this update rates the condition of the roads within the City and would be used to determine what type of future roadway improvements would be necessary to maintain the infrastructure. He referred to the Work Plan letter dated January 10, 2019 and explained the last update was completed in 2015. He stated the cost for the inspections is $6,880 and the GIS Maps are $588.

Councilmember O’Leary asked if funds were budgeted for both requests and Treasurer Lanoue responded yes.

Councilmember O’Leary moved to authorize the expenditure of $6,880 to complete the Pavement Management Plan and $588 for the GIS Maps, seconded by Councilmember Hovey and carried (5-0)

2. Building and Site Reviews in January: None.

3 Public Works Activities Undertaken in the Month of January : None.

4. Anticipated Engineering Activities for February: A. Charlton Road Improvement Update: Engineer Sterna stated he would be updating the Feasibility Report for Council action based on Council decisions made this evening.

B. Snow Plow Monitoring: The Engineer stated he would continue to monitor the City streets to insure issues are resolved and proper snow removal is utilized.

5. Public Works Activities for February: None.

Council thanked the Engineer for his report.

c. CITY FORESTER: Mayor Williams advised that Forester Nayes was unable to attend the meeting this evening and presented the Forester’s reported dated January 31, 2018. He stated no burning permits were issued in January. He advised that the City’s status as a Tree City USA was reaffirmed and that there was no damage to City trees due to recent snowfall.

The Mayor advised that the Forester had discussions with Shari Hansen regarding creation a “Welcome to Sunfish Lake” informational flyer aimed at new and relatively new residents and suggested a committee be formed in 2018 to discuss this topic He also noted that the Forester was planning to conduct Arbor Day festivities on the first Saturday in May.

Council thanked the Mayor for presenting the report.

d. PUBLIC SAFETY: Chief Shaver reviewed his report dated January 30, 2018 and noted there were four (4) false alarms, one of which was the result of an underage drinking party within the City. He explained that Dakota County recently passed a “Social Host” ordinance that includes language requiring the parents of any child having a drinking party at their home that they are aware of to also appear in court.

The Chief explained that due to the recent increase in opioid addiction, he would be happy to provide information to residents relating to drug problems.

Council thanked the Chief for his report.

8. NEW/OTHER BUSINESS: Mayor Williams suggested that Council consider items 8.b. and 8.c. prior to the Engineer reporting on the Charlton Road Improvement project.

b. Schedule Public Hearing on Tuesday, April 3, 2018, at 7:00 p.m. at St. Anne’s Episcopal Church to Review the City of Sunfish Lake’s Storm Water Pollution Prevention Program (SWPPP) and the National Pollutant Discharge Elimination System (NPDES): Clerk Iago explained that the City must conduct a Pubic Hearing annually to review the City’s Storm Water Pollution Prevention Program and receive input from those present.

Engineer Sterna stated he would publish the Notice of the Public Hearing for this meeting.

Motion by Councilmember Wahlstrom to Schedule Public Hearing on Tuesday, April 3, 2018, at 7:00 p.m. at St. Anne’s Episcopal Church to Review the City of Sunfish Lake’s Storm Water Pollution Prevention Program (SWPPP) and the National Pollutant Discharge Elimination System (NPDES), seconded by Hovey and carried. (5-0)

c. Consider Request from City Clerk for Funds to Attend the Minnesota Clerks and Finance Officers Association (MCFOA) Conference March 20-23, 2018: Clerk Iago referred to her memorandum dated January 30, 2018 requesting authorization to attend the MCFOA Annual Conference March 20-23, 2018 and for reimbursement of funds not to exceed $570 for registration and lodging.

Councilmember O’Leary moved to authorize payment for the City Clerk to attend the 2018 MCFOA conference and to reimburse the costs for registration and lodging not to exceed $570, seconded by Councilmember Bulach and carried. (5-0)

d. Other: Discuss Potential Traffic Issues Related to the Vikings Practice Facility/Event Center: Mayor Williams explained that the traffic study conducted by the City of Eagan indicated that at total buildout the Vikings facility and other proposed development at that location would generate 20,000 to 40,000 cars per day, however, the analysis did not include the impact past the borders of Eagan. He indicated that the high traffic volumes would most likely attempt to utilize Highway 110, Delaware Avenue, Pilot Knob Road and South Robert Street during peak times. He noted that there would also be increased traffic from development in Inver Grove Heights and by extending 65^th Street to South Robert. He noted that Salem Church Road appears to be the only other direct route to Robert Street from Delaware Avenue and that he foresees increased traffic on both Delaware Avenue and Salem Church Road in the future.

The Mayor explained that he is involved with a citizen group from Mendota Heights who have also expressed concern and had met with the Metropolitan Council to discuss these issues. He stated the group was also attempting to meet with representatives from the Vikings organization to discuss this matter. He advised that the Dakota County Board should be approached to ask that they require traffic plans and studies to include impacts on surrounding communities. He noted that the traffic issues may not appears until full site development occurs in 10 to 15 years. He suggested that it may be appropriate to ask the Vikings for funds to assist with traffic issues and studies.

Mayor Williams advised that the City may wish to ask for citizen input on this matter or form an alliance with neighboring cities that are also concerned about traffic impacts. He stated that this was merely informational and no formal action was required at this time.

a. Report on Charlton Road Improvement Project: Engineer Sterna provided a brief background of his meetings with residents to discuss easement acquisitions. He explained that Council had initially discussed three (3) options for improvements to Charlton Road and then determined they would focus on Option 3, which would be to improve the entire road and also to improve the existing lake outlet. He noted that the City had spent close to $10,000 in roadway repairs last year and that Council determined they can no longer ignore the traffic safety, visibility and drainage problems associated with the current condition of the road. He further explained that the road in its current condition does not meet fire code standards for emergency vehicle access. He stated that Council determined the improvement would be a large investment and that it would be irresponsible not to complete the entire project or to do it halfway.

Engineer Sterna explained that the issue remaining would be to obtain the necessary easements to complete the project so that the costs are not prohibitive. He displayed a map showing the property owners who have voluntarily agreed to provide the necessary easements and the properties where prescriptive easements are available. He noted that the property owners who are against the project and/or granting the easement are on the south end of the road. He noted that the resident living near the dangerous corner had willingly dedicated additional land in order to allow the City to enhance visibility and make the turn less dangerous. He explained that the proposed roadway design reduces the width of the road and that the City would adopt standards to reduce the speed limit to 25 mph; he advised that other projects in the City had also established road design guidelines that were below legal roadway standards.

The Engineer pointed out that he could reduce the easement area on six (6) of the parcels so that the City would remain within prescriptive rights to conduct the necessary work. He commented that the City would prefer to have the additional easement area in order to provide drainage, sign placement and to maintain ditches. He noted that there is only one (1) parcel where work must be done outside the prescriptive rights and that would be due to the wetland on this parcel. He noted that this area of the road is in the worst condition and that icing of the roadway occurs here during the winter months, making this area extremely hazardous.

Engineer Sterna stated that he would ask for Council input regarding what to do with the six (6) parcels that had not provided easements prior to finalizing the Feasibility Report. He also asked for Council input regarding what to do with the water main that is currently located under the road at the south end. He noted that if the water main breaks, the residents would not only have to pay for the water main repairs, but also to repair the road. He stated the City is not responsible to fix either the water main or repair the road since the pipe is owned by the residents. He stated that he would recommend the responsibility for such repairs remain with the property owners and that the City would not undertake responsibility for the repairs without cooperation from the property owners to grant the necessary easements for the improvements.
The Engineer explained that a portion of the project would be delayed until 2019 if the City pursues condemnation to obtain the easement from the one (1) parcel identified at the south end of the road. He commented that when he contact the property owner they did not favor granting the easement and, therefore, he would recommend Council pursue condemnation proceedings.

Councilmember O’Leary asked if the project costs and costs to residents would increase if the project is phased.

Engineer Sterna responded yes. He pointed out that normally he would request a 25 ft. easement, but he scaled back the project so that the City is only requesting a 15 ft. easement. He stated that there may be property owners who challenge the prescriptive rights of the City for the easements.

A gentleman advised he was present to represent his mother-in-law Martha Norton, 2148 Delaware and asked why a stop sign could not be placed at the dangerous corner.

Engineer Sterna explained that he would not recommend installation of a stop sign at that location and that it would be difficult to determine where to place the sign since it is a curve.

Councilmember O’Leary pointed out that there is a stop sign at Windy Hill Road and Salem Church Road where he lives and that cars on Salem Church Road do not stop.

Cynthia Norton-Tocho, 2130 Delaware, asked why the Engineer would not recommend speed bumps and stop signs along the road.

Engineer Sterna explained that the City must show that stop signs are warranted prior to their installation. He pointed out that a stop sign was installed on Angell Road, which is a Dead End street, and traffic devices clocked speeds at 45 mph along the roadway. He commented that police had found most speeders are people who live on the road or visitors to homes on the road. He also advised that traffic counts over the years have shown the same number of drivers on the road with no increase in traffic to warrant stop signs.

Martha Norton stated that she has heard a lot of uncertainty about moving ahead with the project. She questioned if traffic problems would really be solved with the improvement. She commented that it appears the easiest thing to do is go after her property and she needs her property. She explained that her pond is wrecked due to the road and that the City should not move ahead too fast. She asked if the City could close off the road.

Engineer Sterna explained that improvement to Charlton Road had been discussed at length over the past 25 years and this would be the third feasibility report prepared for the project. He noted that every concern bought up this evening had been discussed with each proposal to improve the road. He explained that due to emergency access issues the City cannot close off the road since that would result in a cul-de-sac over 1500 feet in length.

Chief Shaver asked if the City was considering installation of “bump-outs” to accommodate parking of landscaping contractor equipment or if “No Parking” signage would be placed on the road. He pointed out that the contractors should park their equipment on the property owner’s driveways when they are working.

Engineer Sterna explained that the “bump-outs” would not be installed, but the “No Parking” issue requires further discussion.

Mayor Williams commented that the road cannot be closed off at the south end since traffic cannot go west on Highway 110 and must use the Delaware Avenue exit to access Highway 110 to turn west. He agreed that over the past 15 years he has been part of the Council all possible options and issues had been discussed. He stated that in his opinion the City needs to optimize safety on the road. He further noted that because there is dense foliage on the road, the City must also maintain emergency vehicle access in the event of a fire. He commented that teenage drivers would most likely ignore the speed humps but that he has no objections to their installation. He explained that the roadway had become extremely costly to maintain and the traffic safety and drainage issues remain. He stated that in his opinion Council must chose the optimal solution for all residents that reside on the road and to address all the concerns associated with the existing road conditions.

Councilmember Bulach asked the current width of the road and if the Engineer proposes a 20 ft. width for the entire length of the road.

Engineer Sterna explained that the current width varies from 20 to 24 ft. in certain areas. He stated the proposed design would be 20 ft. wide for the entire length of the road.

Councilmember Bulach noted that the City is not proposing to widen the road more than its current width.

Councilmember Hovey explained that during his discussions with residents they appeared to prefer placement of “No Parking” signs rather than the installation of “bump-outs” along the road.

Engineer Sterna explained that residents expressed an interest in walking on the road and normally there would be an additional 5 ft. in width marked on each side of the road to accommodate walkers. He explained that he proposed the installation of curb and gutter to address the drainage issues due to the fact that ditches would require an additional 6 ft. of width adjacent to the road to accommodate the correct depth. He noted that the curb also provides a visual barrier which may assist in slowing traffic.

The Engineer pointed out that the previous roadway improvements done in 1994 were costly and did not improve the condition of the road. He further advised that the wetland area on the south end of the road had tested positive as a mosquito breeding area for encephalitis. He also advised that rainfall events have increased substantially over the past few years which also causes drainage issues on the road.

Councilmember Bulach asked if the only change to the road topography would be at the corner.

Engineer Sterna responded yes and explained that the resident adjacent to the corner offered to provide more land in order to correct the visibility and sharpness of the curve at that location.

Councilmember O’Leary pointed out that one of the neighbors had a close family member injured in an accident along the road and commented that those present would not want to be responsible for accidents along the road.

Some members of the audience expressed their concern regarding the comment made by Councilmember O’Leary as placing blame on anyone not offering to grant easements.

Mayor Williams advised that was not the intent of Councilmember O’Leary’s comments and that Council would only ask for voluntary offers to grant easement and would not place blame on anyone who wishes to decline. He explained that in some areas the City may need some additional easement area to accommodate construction of the project, however the City would not request any easement beyond what was necessary nor would the City attempt to limit the use of any property. He further explained that if the proposed improvements are completed, the project should increase property values and most of the parcels would not be aware of any changes to their property.

Cynthia Norton –Tocho asked if the City was sure the corner would be safer if the road is improved and if cars would go faster if the curve is corrected.

Mayor Williams responded yes and noted that the curve needs to be corrected as it could cause a potential liability for the City because it does not meet standards. He commented that the potential liability for an accident at the curve would affect all taxpayers within the City.

Engineer Sterna explained that correcting the curve and removal of some trees in that area would improve sightlines for vehicles, however, there is the possibility that cars may go faster. He advised that the City could draft a “findings of fact” to support reducing the speed limit on the road to 25 mph and the police could enforce the speed limit by issuing violations.

Michael Divine stated he was present representing his mother-in-law Ibby Hammett and that earlier the City Attorney raised several concerns and stated that if the road is paved the costs for the water main repair would be extremely high for residents. He indicated that the ditch adjacent to the Hammett property had been privately maintained by the resident not by the City which may preclude prescriptive rights. He advised that the property owner supports making the road safety and do not wish to hold up the project in court, also that they would prefer to keep dialogue open with the City.

Mayor Williams explained that the original road was an ox cart path and as development occurred no easements were dedicated to the City, however it has been used as a City road over the years which provides prescriptive rights. He stated that the Council had determined the road is clearly a safety issue and would cause potential liability for the City, therefore, a solution to improve the road must be reached.

Councilmember O’Leary stated that the City cannot control human behavior such as drivers on the road, however, Council agrees that they do not want the road to be the cause of an injury when they had the opportunity to fix a dangerous situation.

Ibby Hammett pointed out that two (2) of her neighbors were not aware of the fact that they owned the water main located under the road. She stated that she was not aware of that fact but she should have known since her father spearheaded the request for the water main installation.

Engineer Sterna explained that the water main is at least 35 years old and that costs would add up quickly if the water main broke after the road was improved; he indicated that the homeowners would be responsible for both the water main and road repairs.

Ibby Hammett asked what step she could take to transfer ownership of the water main under the road to St. Paul or Sunfish Lake. She explained that one neighbor expressed her hesitancy to grant the easement due to the water main issue.

Engineer Sterna explained that it is rare to have a water main under the road and that the property owner could contact St. Paul Water Company to determine how the break would be handled. He explained that the first improvement project done 25 years ago in 1995 at a cost of $94,000 did not fix the safety issues with the road, but only resolved some of the minor problems at that time. He indicated that the options related to the water main issue could be discussed by Council at the Closed Session portion of the meeting this evening.

Councilmember O’Leary asked the City Engineer if he would be willing to contact St. Paul Water Company to discuss what options are available in the event of a water main break.

Engineer Sterna agreed to call St. Paul Water Company to discuss the water main and that he would also discuss the addition of a fire hydrant connection under Highway 110 to provide future installation of a fire hydrant for Fire Department use. He noted that currently there is only one fire hydrant to service this area located near Delaware Avenue

Cynthia Norton-Tocho stated there are a number of fire hydrants on Delaware and asked if those could be used by the Fire Department.

The Engineer explained there is only one hydrant to service Sunfish Lake and he described the location of the fill station on the north side of Delaware; he also described how the Fire Department determines where to fill the trucks.

Kitzie Nye thanked the Engineer for his presentation and thanked Megan and Shannon Web for their property donation to make the improvement better. She pointed out that near the corner two vehicles are unable to pass each other and that visibility is also an issue. She asked where Xcel has access to their powerlines.

Engineer Sterna explained that Xcel most likely has an easement over a private driveway that they use to trim trees and service powerlines. He noted that the City has no control over powerline companies or what they remove when trimming trees. He explained that they have prescriptive rights to trim trees and replace power poles.

Kitzie Nye asked if residents would have the option to have their driveways updated as part of the project.

The Engineer offered to provide the contractor information to residents, but explained that because large equipment is used for the improvement project, it may not be viable for the contractor to upgrade private driveways.

Engineer Sterna expressed his appreciation to residents for expressing their concern and explained that unfortunately he was unable to resolve all the issues to please everyone.

Mayor Williams thanked everyone for their comments and attendance.

The Mayor called for a brief recess at 9:15 p.m. and Council reconvened to Closed Session at 9:25 p.m.

The Closed Session ended at 10:00 p.m.

Mayor Williams stated there was no further business and asked for a motion to adjourn the meeting.

9. ADJOURN: Councilmember Wahlstrom moved to adjourn the meeting at 10:00 p.m. seconded by Councilmember Hovey and carried. (5-0)

____________________________ ________________________________

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