City Council 9-5-05

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SUNFISH LAKE CITY COUNCIL MEETING – JULY 10, 2007

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

Attendants:

      Mayor Molly Park

      Councilpersons: Joel Bennett, Cathy DeCourcy, and Judy MacManus.

      City Attorney: Timothy Kuntz

      City Building Official: Russ Wahl

      City Engineer: Tim Hanson

      City Planner: Laurie Smith

      City Forester: James Nayes

      City Clerk: Cathy Iago

            and Members of the General Public.

      Councilmember Williams was absent.

1.   CALL TO ORDER:           Mayor Park opened the meeting at 7:00 p.m. and asked Council and staff to introduce themselves for the audience.

2.   APPROVE AGENDA:       Mayor Park requested a minor change in the agenda and explained that Building Inspector Wahl requested to present his report early because he had another meeting to attend. She advised that he would present his report after Comments from the Public.

Councilmember DeCourcy moved approval of the Agenda as amended, seconded by Councilmember Bennett and carried.



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

Councilmember McManus moved approval of the Consent Agenda, seconded by Councilmember DeCourcy and carried:

a.       Minutes of June 5, 2007 Regular Council meeting.

b.       List of Bills.

c.       Monthly Financial Statements – May, 2007.


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

BUILDING INSPECTOR REPORT. Inspector Wahl reported that he issued seven (7) permits and conducted seven (7) inspections in the month of June. He explained that he wished to submit a request to attend the International Code Conference in Reno, Nevada on September 30 through October 3, 2007. He asked that the City pay the $400 registration fee and that he would pay travel and hotel expenses.

Mayor Park asked how long it has been since the Inspector had attended a conference and Mr. Wahl responded three years. The Mayor stated that she believes it is important for staff to attend training to keep updated on new regulations.

Mr. Wahl also reported that he would be attending a conference in Brainerd July 18 through the 20, 2007 and that the West St. Paul Building Inspector Terry Maruska would handle any questions in his absence.

Councilmember Bennett moved to approve the expenditure of $400.00 for registration of Inspector Wahl as a delegate to the 2007 International Code Conference in Reno, Nevada, seconded by Councilmember MacManus and carried.

      Council thanked Inspector Wahl for his report.

5.   GUEST PRESENTATIONS:

      a.   Robert Street Corridor Transit Study – Update from Dakota County:    Mayor Park introduced Mr. Richard Nau of URS Corporation and working with Dakota County on the Robert Street Corridor Transportation Feasibility Study.

Mr. Nau explained that the Robert Street Study was not the only transportation study currently being conducted and the other studies involved the I-35W Corridor, the Cedar Avenue Bus Rapid Transit Corridor and the Red Rock Commuter Rail Corridor. He stated that the feasibility studies would include identification of areas that need improvements and alternative types of transit. He noted that this study is a precursor to a Federal Process titled “New Starts” that will be a much more strict process; he indicated that Dakota County decided to begun the study early to define a broad range of alternatives prior to the more stringent process. He further noted that the studies would take time and advised that he worked on the Hiawatha Avenue project which took over 20 years to complete.

Mr. Nau stated that Mayor Park participates in the Steering Committee and that Planner Smith serves as a representative on the Technical Advisory Committee; he explained that the Steering Committee will review and determine the long-term vision for the corridor and the Technical Advisory Committee verifies information relating to the corridor prior to sending it to the Steering Committee. He reported that there was a previous study conducted in 1990 called the South St. Paul Light Rail Alignment Study. The 1990 study determined that the Lafayette corridor would be the best location for light rail and that Robert Street was eliminated as a location due to right-of-way impacts.

Mr. Nau reviewed a hand-out that outlined the Philosophy and Approach, the Timeline, the Study Structure, the Roles and Responsibilities of the Committees, and the Scope of Work Highlights. He noted the proposed project schedule would take approximately 14 months to complete and the anticipated date of completion is April, 2008. He further explained that public involvement is planned to receive input through use of newsletters, open houses, focus group meetings, press releases, websites and community events.

Mayor Park asked if there were any questions or comments for Mr. Nau and there was no response.

      Mr. Nau explained that further information on the project could be obtained from the Dakota County website or by contacting the Project Manager Sam O’Connell. He also advised that any comments could be directed to Planner Laurie Smith as a member of the Technical Advisory Committee.

Mayor Park thanked Mr. Nau for his presentation.

b. Red Cross “GET READY” Program Introduction and Proclamation:       Mayor Park introduced Ann Barkelew-O’Hagan and explained that she is co-editor of the Sunfish Lake Quarterly and also serves as the Sunfish Lake representative to the MAC Noise Oversight Committee.

Ms. Barkelew-O’Hagan explained that she had served on the Board for the St. Paul Chapter of the Red Cross which has now merged with the Minneapolis Chapter to become the Twin Cities Area Chapter of the Red Cross. She advised that she had attended a seminar conducted by the Red Cross to merge the two chapters and one of the exercises involved listing items in our home that would serve well in the face of a disaster. She explained that most of the participants realized they were not prepared for such an emergency and decided to create the new GET READY program as an informational tool. She introduced Mr. Chris Burns of the Red Cross who is in charge of coordinating the program for Minnesota cities. She strongly encouraged the adoption of the GET READY proclamation and that the City of Sunfish Lake become a year long partner with the Red Cross so that all Sunfish Lake residents are provided the informational tools to be informed and prepared for a disaster situation.

Mr. Burns explained that the Red Cross had undertaken a study a year ago and found that many Americans are not aware of what steps should be taken to prepare for a disaster; he noted that Hurricane Katrina brought to light the fact that most people were not prepared and did not have a disaster plan in place. He stated that families should have a plan for smaller emergencies such as a fire in the home; he noted that the families should discuss a fire escape plan and an outside meeting place to insure everyone has left the home. He also explained that if a tornado struck it would be appropriate to have water and three days worth of meals set aside which do not require cooking in case of an electric or gas failure. He advised that he works with individual cities to help turn residents into lifesavers. He noted that the Red Cross information may be provided to residents via the City newsletter and website and that information racks are available to be placed in public locations. He further stated that staff is available for community presentations on a variety of topics and usually take 45-minutes. He explained there is also a CPR Saturday class offered to communities.

Mr. Burns advised that he would individualize a program or event for Sunfish Lake and Ann Barkelew O’Hagan has agreed to be the “point” person for the City. He noted that he had meet with Chief Shaver and that he is currently working with the City of West St .Paul on a program; he indicated that it would may be possible for Sunfish Lake to join in adjacent community events.

Ann Barkelew-O‘Hagan explained that she had met with Chris Ivy who is in charge of Homeland Security in Minnesota and she pointed out that many residents have children located in other cities across the USA; she questioned if residents had a plan determining who would call to verify that everyone in the family across the USA was safe in the face of an attack or national disaster.

Mayor Park asked if the program would extend beyond 2007. Mr. Burns stated that the Red Cross plans to continue the program beyond 2007 and would most likely ask cities to continue the partnership annually.

Councilmember DeCourcy stated she believes it is a wonderful concept to provide educational seminars for children and residents.

Mayor Park asked the City Attorney what formal action was needed to adopt the proclamation. Mr. Kuntz stated that a motion by Council to endorse the Mayor’s proclamation would be appropriate.

Councilmember Bennett moved to endorse the Mayor’s GET READY! Proclamation to partner with the Red Cross in 2007 to inform residents of the steps needed to prepare for a disaster or an emergency situation, seconded by Councilmember DeCourcy and carried.

5.   PLANNING COMMISSION:

a.   Preliminary Plat for a Single Family Residential Subdivision, Angell Acres, Roe. Planner Smith reviewed the application of John and Sandra Roe for a Preliminary Plat to allow subdivision of approximately 19-acres into three single family residential lots. She stated the property is generally located at 2250 Delaware Avenue and currently consists of four parcel that would be combined to create the proposed three lots; one of the new lots created will contain the existing homestead.   She noted the proposed preliminary plat is consistent with the City’s Comprehensive Plan, Zoning Ordinance and Subdivision Ordinance. She further stated that the lots meet all size, width and setback requirements.

The Planner explained that the proposed Lots 1 and 3 would gain access from Delaware Avenue and Lot 2 would gain access from Salem Church Road; she noted that the access for Lot 3 was previously platted as part of the Tinker’s Plat. She explained that because Salem Church Road is a County road, the applicant submitted the preliminary plat to the Dakota County Plat Commission for review and approval; The Plat commission reviewed the matter on June 25 and approved the proposed access location for the preliminary and final plat and sent their recommendation for approval to the Dakota County Board of Commissioners.

Planner Smith stated that the Planning Commission held a public hearing to discuss the request at their June 20 meeting. The Commission recommended approval of the preliminary plat with seven conditions attached. She ntoed that the applicant has submitted a revised preliminary plat for Council consideration which responds to several of the comments made by City staff and conditions of approval as recommended by the Planning Commission. She noted that revised plat satisfied four of the seven conditions that were attached to the Planning Commission recommendation for approval and therefore, staff is recommending approval of the request with the three conditions as listed in the Planner’s report dated July 3, 2007.

Paul McGinley of Loucks Associates was present and displayed the revised preliminary plat drawings; he pointed out the access that was granted on Salem Church Road as part of the previous Tinker’s Plat. He noted that the Roe’s property and Lot 3 would gain access from Delaware Avenue across a private easement. He stated that the lots meet all code requirements. He advised that the applicant is proposing to deal with storm water runoff through the use of rain gardens which will treat the storm water prior to its entering the wetland area. He agreed that the revised preliminary plat met some of the conditions imposed by the Planning Commission and that he would work with staff on the remaining conditions prior to submission of the final plat.

Engineering Tin Hanson pointed out that some minor grading changes occurred with the revised preliminary plat and that he will work with Mr. McGinley on the changes prior to final plat submission.

      Mr. McGinley also noted that he will start discussions with the City Attorney to prepare the Developer’s Agreement for the plat.

Mayor Park asked if there were any comments or questions from Council.

Councilmember DeCourcy asked the depth of the rain gardens and if they would pose any danger to children.

Mr. McGinley explained that the depth would be approximately 4 to 6 feet with plantings that take up pollutants; he stated that he does not foresee any danger for children since the rain gardens would not hold water for any extended period of time, with the exception of an extreme rainfall.

Attorney Kuntz explained that prior to preparation of the Developer’s Agreement he wished to seek Council direction regarding responsibility for maintenance of the storm water facilities on the proposed plat. He distributed a copy of the Storm Water Maintenance Agreement that was drafted for the Nancy’s Pine Meadow plat that imposed maintenance of the storm water facilities on the property owner; he noted that there was no homeowner’s association formed with the Nancy’s Pine Meadow plat and that none is being proposed with this plat. He explained that the usual perception is that the City maintains ponds because there is an easement; however, in this case there it would be difficult for the City to enter the property to maintain the storm water facility. He further explained that he believes the landowner may do a better job of maintaining the storm water facility when the feature is an amenity to the property.

Mayor Park asked if the agreement would also contain language that provides for homeowner to allow the City to take corrective action on the storm water facility easement or other easements on the property if necessary and that the homeowner would be responsible for restoration of the easement when the work is finished.

Mr. Kuntz advised that the agreement drafted for the Schadegg residence contained similar language and that language also could be included in this agreement at the direction of Council.

Councilmember Bennett noted that the rain garden as proposed on the plat is located between Lots 2 and 3 and he questioned if this would pose problems between the neighbors for maintenance of the facility; he suggested that language be included in the deeds for each parcel. He commented that he believes Mr. McGinley did an excellent job and that this is a good plan.

Mr. McGinley noted that both existing wetlands cross lot boundaries, however; he does not believe this will be a problem and he does not believe the applicant expects the City to assume responsibility for maintenance of storm water facilities.
Mr. Kuntz suggested that language regarding the maintenance agreement could be included as part of Condition No. 3 in the Planner’s report if Council wishes to do so.

Mayor Park asked if Mr. McGinley had started any discussions with the Attorney relating to the Developer’s Agreement. Mr. McGinley responded that he was aware of the fact that an agreement must be drafted but he had not started the process.

Mr. Kuntz asked if Mr. McGinley had knowledge of when the developer would begin construction of the pond or rain gardens. He noted that in order for the plan to work, the storm water facilities must be in place. He pointed out that there are three basic models for language to protect the City in the development agreement; 1) the contract requires the developer to build the improvements and file a letter of credit for 125% of the improvement costs so the City can use the letter of credit if the developer does not complete the improvements; 2) the City would not sign off on the plat until the improvements are completed; and, 3) the City would not issue any building permits until the property owner custom grades the lot. He explained that he has received conflicting information regarding the proposed plat and when the lots would be developed.

Mr. McGinley explained that he believes the applicant initiated the preliminary plat as part of an estate planning process and does not have any plans for immediate sale of the lots. He stated that he believes the most favorable model for the developer’s agreement would include language that the plat not be signed until the grading for the improvements is completed and he suggested a specific time-frame could be imposed. He noted that the applicant would most likely provide a letter of credit at the time the improvements begin. He commented that he believes the applicant wished to settle the lot configurations at this time.

Councilmember Bennett noted that because of the issues with access and the construction of improvements he believes the City should allow at least one-year for the applicant to complete the process.

Mr. McGinley stated that the issues would be resolved with submission of the final plat and that the only extended timetable he can foresee would be construction of the rain gardens.

Attorney Kuntz explained that he raised the questions in order to receive input from Council prior to beginning discussion on the Developer’s Agreement with the applicant. He suggested that language be added to Condition No. 3 in the Planner’s report which states; “The developer’s agreement shall provide financial security that on-site improvements will be completed within one year form the date of final plat approval.” He further suggested that a fourth condition be added which states; “There shall be a storm water facilities maintenance agreement that requires homeowners to be responsible for maintenance of all storm water facilities located on their property.”

Mayor Park asked if there were any further comments from the Council or the audience and there was no response.

Councilmember DeCourcy moved, seconded by Councilmember MacManus, to approve Angell Acres preliminary plat subject to the conditions as listed in the Planner’s report dated July 3, 2007, with an amendment to Condition No. 3 as listed below and the addition of Condition No. 4 as listed below:

3.   A developer’s agreement shall be prepared by the City Attorney and signed by the developer prior to City council approval of a final plat. The developer’s agreement shall provide financial security that on-site improvements will be completed within one year from the date of final plat approval.

4.   There shall be a storm water facilities maintenance agreement that requires homeowners to be responsible for maintenance of all storm water facilities located on their property.

Motion carried. 4-0

PLANNER’S REPORT:   Planner Smith explained that she was contacted by a concerned resident regarding the language in the current City Ordinance relating to lawn fertilization; she noted that other communities have much stricter regulations and contain the most current State Statute requirements. She provided ordinances from the citites of Shorewood, Burnsville and Golden Valley for Council review. She suggested that Council provide direction to staff as to whether or not they wished to make the Sunfish Lake ordinance more restrictive and if they wish to direct the Planning Commission to review the materials and make a recommendation.

Mayor Park commented that she was pleased that a resident raised the question and she asked if something needs to be done immediately to correct the problem. Councilmember Bennett stated he preferred to refer the matter to the Planning Commission for study and recommendation.

Planner Smith explained that the current State Statute overrides the City Ordinance so there is no immediate need for change.

Council concurred to direct the Planning Commission to study the matter and make a recommendation to Council.

Planner Smith stated that the 2008 Comprehensive Plan update is progressing and that at this time she wished to schedule a joint meeting with Council and the Planning Commission to review the darft inventory test and maps. She asked Council if there were any dates in August to schedule the meeting.

Councilmember DeCourcy suggested conducting the meeting in September. Councilmember MacManus asked how long the meeting would run. Councilmember Bennett suggested holding the meeting either prior to the regularly scheduled Council or Planning meeting in September.

The Planner explained the meeting would take approximately one hour and the regular Planning Commission meeting would be on September 19.

Council concurred that the September 19 date would be appropriate and the Planner stated she would contact the Planning Commissioners to confirm their availability on that date.

Council thanked the Planner for her report.


7.   INSPECTOR’S REPORTS:

a.       CITY FORESTER: Forester Nayes stated he issued 3 burning permits in June and that he has not and would not issue any permits July until there is a significant rainfall. He reported that the Shade Tree Advocate publication wished to do a profile of Sunfish Lake and he asked if Council had any hesitation being featured in the newsletter.

Councilmember DeCourcy questioned who receives the publication. Mr. Nayes explained it is a forestry newsletter that is mainly sent to other cities throughout Minnesota.
Mayor Park asked if there would be photos taken of Sunfish Lake and Mr. Nayes responded that most likely some photos would be included.

After a brief discussion, Council concurred to leave it up to the Mayor to determine if it would be appropriate for the City to be profiled in the publication.

Council thanked the Forester for his report.

b.       PUBLIC SAFETY: Mayor Park distributed the Public Safety Reports for the past two months and noted that the False Alarms had increased substantially. The Mayor also noted that there were a number of false alarms incidents at the same location on the same day; she asked Chief Shaver to explain how the Police Department handles more than one false alarm incident at a home within the same day. The Chief explained that if the resident is having problems with the alarm system during the same day the department usually would classify the call as only one false alarm for that date. He also explained that the City has the option to excuse any overage of this nature when it is based on an electronic issue.

Chief Shaver stated that National Night Out would be held on August 7, which is the same night as the regular Council meeting for Sunfish Lake. He pointed out that National Night Out activities vary in every City and the evening is a night to get out and meet your neighbors and develop a sense of community to eliminate crime. He noted that because Sunfish Lake has larger lots he does not believe that residents have the same opportunity to get out and meet their neighbors and suggested that it might be appropriate to have residents participate in some type of activity either prior to or after the regular Council meeting. The Chief offered to provide staff to assist with facilitating the process on that evening and suggested that it would be a good opportunity for to residents to discuss issues with public safety staff on a more personal level. He asked that Council contact him if they are interested in having some type of event that evening.

Bill Hammett questioned the two different speed limit signs located on Charlton Road and asked Chief Shaver if the speed limit could be set a 20 mph on both sections of the road. Chief Shaver commented that he believes the discrepancy in the speed limit was near the Mendota Heights portion of the road; he suggested Mr. Hammett contact him to discuss how speed limit requests are handled.

Council thanked Chief Shaver for his report.


8.   OTHER BUSINESS:

a.   Report from Hornbeam Lake Focus Group & Request approval of Land Use Attorney:     Scott Spaeth was present representing the Hornbeam Lake Association. Scott stated that the Task Force was formed to discuss issues of concern relating to the proposed high density development and possible interchange on the border of Sunfish Lake and Inver Grove Heights adjacent to single family residential properties. He reviewed the discussion at the May meeting relating to retaining a land use attorney to formulate a plan of action and he noted that 4 land use attorneys were interviewed. He also explained that the Task Force attended two Council meeting in Inver Grove Heights to express concern relating to the proposed high density land use designation and the group had also made contact with Inver Grove Heights and Mendota Heights citizen groups that also oppose the proposed land use designation. He reported that the city of Mendota Heights was contacted and have indicated they are not willing at this time to participate in hiring an attorney due to the fact that such development would have little impact on Mendota Heights residents and that there is little interest in whether or not there is high density development on the south end of Hornbeam Lake.

Mr. Spaeth explained that after conducting the interviews with land use attorneys the Task Force recommends that Council consider hiring Attorney John Baker of the Greene-Espel law firm, at a cost not to exceed $5,000 for the preparation of a plan of action to address the proposed Northwest Area Expansion in the City of Inver Grove Heights.

Mayor Park noted that the Greene-Espel firm was retained by the City on the Xcel Energy matter. She asked if the financial cap had been discussed with Mr. Baker. Mr. Spaeth responded that no definite amount had been discussed with any of the candidates, however, a figure of approximately $4,000 was mentioned during the interview process and all candidates indicated that amount would be appropriate to accomplish the task.

Councilmember MacManus aske dif the plan would provide information if the land use designation cannot be stopped. Mr. Spaeth responded that the plan would include a timetable and options to oppose the rezoning.

Mayor Park pointed out that Councilmember Williams suggested that the plan would be a blueprint for future use and include steps to move forward through the entire process.

Councilmember Bennett questioned how long it would take to develop the plan. Mr. Spaeth indicated it should be done by the end of the year.

Mayor Park asked if Council would be included in the process and Mr. Spaeth responded yes.

Councilmember MacManus moved, to approve the recommendation to retain Attorney John Baker from the Greene-Espel law firm to prepare a plan of action to be used by the City in addressing the issues related to the Northwest Area Expansion in Inver Grove Heights at a cost not to exceed $5,000, seconded by Councilmember DeCourcy and carried.
Mayor Park reported that the City of Inver Grove Heights offered to host a Joint Meeting with Sunfish Lake Council on July 30 at the Inver Grove Heights City Hall at 7:00 p.m. Council concurred to attend.

Councilmember Bennett suggested that the Task Force also attend the meeting.

Council thanked Mr. Spaeth for the Task Force report.

b. PERA Contract Update:       Attorney Kuntz explained that prior to becoming employed by the City, Catherine Iago asked the Public Employees Retirement Association of Minnesota (PERA) to review her Independent Contractor Agreement with Sunfish lake in order to confirm that her status with the City would be as an independent contractor.    He advised that the PERA Board send Ms. Iago a letter of confirmation of her status as an independent contractor on June 5, 2006. He stated that in September of 2006 PERA sent a letter to the Sunfish lake Mayor and questioned the status of Ms. Iago as an independent contractor and in January, 2007, Ms. Iago and the City Attorney were informed that PERA was withdrawing its determination of an independent contract and that the new PERA opinion was that MS. Iago was an employee of the City.

Mr. Kuntz advised that at the February, 2007 Council meeting the City Attorney provided a legal memo concerning the dispute and asked for Council direction; Council directed the City Attorney to work with PERA to see whether a compromise could be reached. He stated that in March, 2007 the City and Ms. Iago appealed the PERA decision to the PERA Executive Director and that the appeal was filed to preserve the opportunity of the City to continue to negotiate with PERA on this matter.

Attorney Kuntz advised that a settlement has now been reached on this matter and approved by PERA and the Minnesota Attorney General’s office. He outlined the provisions of the settlement as listed in his memorandum dated July 5, 2007. He noted that effective July 1, 2007 the City and Ms. Iago will enter into an Employment Agreement for the position of City Clerk and that this is an “at will” terminable at anytime with or without cause. He explained the compensation would be set at $9,540 per year, subject to adjustment by the Council from time to time and no fringe benefits are provided. He advised that neither the City nor Ms. Iago would make any contribution to the PERA pension fund since Ms. Iago is a retired public employee; he noted the City would pay the customary FICA obligations and withhold any FICA required contributions for Ms. Iago. He further explained that also effective July 1, 2007, the City will enter into an Independent Contractor Agreement with Iago consulting, LLC for administrative services. He stated that the contract with Iago Consulting, LLC would run from July 1, 2007 to June 30, 2008, with compensation set at $4,008 per year. He stated that Iago Consulting, LLC would receive an IRS From 1099 and that this agreement is not subject to any fringe benefits, PERA contributions or FICA withholdings.

Mr. Kuntz explained that PERA had determined both the City Clerk and City Treasurer positions are regulated by State Statute and therefore these positions must be treated as City employees. He advised that with respect to the City Treasurer position, which had also been treated as an independent contractor in the past, effective July 1, 2007 the City would now treat the position as an employee relationship and will begin contributions to PERA for that position. He noted this is also an “at will” position. He stated that compensation would be set at $62.50 per hour, subject to adjustment by Council from time to time and that no fringe benefits are provided. He further explained that because this is an employee position Mr. Blair will make a contribution to PERA of 5.75% of salary and the City will make a contribution to the PERA pension fund equal to 6.25%. He noted that the City would pay the customary FICA and also withhold any FICA required contributions that Mr. Blair must make.

Attorney Kuntz stated that with respect to the positions of planner, engineer, city attorney and forester, he represented to PERA that beginning July 1, 2007 compensation for these positions would be paid to the company that employs these individuals rather than to the individual; he noted that the only position affected by this would be that of the forester and that Mr. Nayes is aware of the change. He advised that as City Attorney he will confirm the status for these positions in writing with PERA and the City would not have to complete the Employee Questionnaire that was provided by PERA regarding these positions. He further stated that as City Attorney he had described the position of building official City to Ms. Keating from PERA and that she has indicated PERA would also treat the building official positions as an independent contractor.

Attorney Kuntz presented four resolutions for Council consideration that approve the two employment agreements with Ms. Iago, terminate the previous agreement with Ms. Iago and approve the employment agreement with Mr. Blair, all agreements effective July 1, 2007.

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

Councilmember Bennett moved, seconded by Councilmember DeCourcy, to adopt the following resolutions, effective July 1, 2007:

Resolution No. 07-08 titled, RESOLUTION APPOINTING CATHERINE IAGO AS CITY CLERK AND APPROVING EMPLOYMENT AGREEMENT.

Resolution No. 07-09 titled, RESOLUTION APPROVING AN INDEPENDENT CONTRACTOR AGREEMENT WITH IAGO CONSULTING, LLC FOR ADMINISTRATIVE SERVICES.

Resolution No. 07-10 titled, RESOLUTION APPOINTING MICHAEL BLAIR AS CITY TREASURER AND APPROVING EMPLOYMENT AGREEMENT.

Resolution No. 07-11 titled, RESOLUTION TERMINATING THE MAY 2, 2006, INDEPENDENT CONTRACTOR AGREEMENT WITH CATHERINE IAGO RELATING TO THE POSITION OF CLERK/ADMINISTRATOR IN THE CITY OF SUNFISH LAKE.

Motion carried. 4-0

Council thanked the City Attorney for his work on this matter and for his report.

c. CITY ENGINEER: Charlton Road Dust Control: Engineer Hanson explained that a dust control agent was applied to Charlton Road as a semi-annual maintenance operation. He noted the dust control agent is a salt-based product that helps retain moisture in the aggregate, thereby reducing dust. He further explained that a resident drove on the road shortly after the application and traced the agent onto their driveway. He advised the resident that the dark stain appearance on the surface of the driveway would eventually wear or wash off the driveway.

2007 Street Improvement Project: The Engineer explained that the contract was awarded at the June meeting and that the Mayor and Allied Blacktop have signed the contracts; he stated the seal coating work should begin later this month.

Storm Water Pollution Prevention Program (SWPPP) Submitted to MPCA: The Engineer stated that the annual report was submitted to the Minnesota Pollution Control Agency following the public hearing held in June and that this is the final requirement for 2007 to remain in conformance with the program.

Construction Monitoring/Site Reviews: Engineer Hanson explained that a preliminary site review was completed with the landscapers for the proposed berm construction at 2410 and 2400 Delaware Avenue, as proposed by Mr. and Mrs. Tom Votel. He stated that the landscape contractor reviewed the proposed plan and discussed the construction of two small berms; an engineering report was submitted to the City Planner regarding the proposed work.

Mr. Hanson stated that a site review was completed at the Chase residence at 2165 Charlton Road for the installation and maintenance of the perimeter silt fence. He advised that corrective measures were noted to the general contractor.

The Engineer advised he conducted a site review at 230 Salem Church Road for the Flynn residence. He explained the perimeter silt fence was in-place, tree clearing had been completed and excavation for the house footing and lower level was about to begin. He stated that minor changes to the proposed grading plan were field reviewed and discussed with the builder’s project manager.

Angell Acres Preliminary Plat Review: The Engineer advised he prepared a report on the preliminary plat for Angell Acres and submitted it to the City Planner. He noted that subsequent to the preliminary plat review, the developer’s engineer requested a minor change in the proposed storm water management plan and the change is currently under review.

2165 Charlton Road, Chase Residence – Soil Contamination: Engineer Hanson reported that the property owners adjacent to 2165 Charlton Road received a letter regarding a contamination spill that occurred at this project site. He explained that he contacted the environmental engineering company that submitted the letter to the residents and inquired on the status and history of the contamination. He noted a buried fuel oil tank was uncovered during demolition and excavation of the existing house and the excavator immediately contacted Peer Engineering who then monitored the excavation of the area. The Engineer explained that he believes the PCA was contacted by Peer Engineering and that they have indicated they believe all of the contaminated soil was removed from the area. He noted that Peer Engineering is still monitoring the site and that air samples had been taken to a lab for analysis.

Councilmember Bennett asked if the neighbors had been notified.
Councilmember MacManus and Bill Hammett stated they received notification.

Finalizing the 2007 CIP Plan: Engineer Hanson explained that the draft Capital Improvement plan (CIP) was presented to the Council at their June meeting and that he had not received any specific comments from Council regarding the proposed plan. He advised that if Council finds the plan complete, they should adopt the proposed plan which could then be utilized to establish the City’s budget for 2008. He reminded Council that the draft plan is merely a tool that Council should find useful during the budgeting process and that the plan may change at the discretion of Council.

Mayor Park asked if the Treasurer had reviewed the plan. Mike Blair responded yes and agreed that the plan would be useful during the budgeting process.

Councilmember Bennett requested more time to review the document and asked if the matter could be placed on the August Council agenda for adoption. Mr. Hanson and Council concurred that the matter could be delayed one month.

The Engineer reviewed the anticipated activities for July:

2007 Improvement Project: Initial work would be street patching and then sealcoating.

Sign Maintenance and Replacement on Zehnder Road: Quotes will be obtained for Council review and authorization to replace the two sign submitted to Council in August.

Charlton Road Feasbility Report:   The Engineer will continue to evaluation alternative designs and surfaces as directed by Council.

Council thanked the Engineer for his report.

9.   Charlton Road: Continuation of Discussion and Next Steps: Engineer Hanson reviewed his report dated July 5,
2007, that reviewed the documents submitted by residents at the June Council meeting relating to aggregate surfaced roadways and also discusses alternative roadway surfaces in response to comments from that meeting.

The Engineer explained that he reviewed the Mn/DOT report on the Economics of Upgrading an Aggregate Road that was distributed at the Council meeting. He noted the report was very interesting and substantiates the issues that were discussed at the June Council meeting relating to impacts of a paved surface versus a gravel surface; he noted the report included a maintenance cost comparison and the average daily traffic volumes that support when gravel roads tend to be paved. He explained that the reported included detailed methods to analyze cost/benefits for the pave versus no pave question; however, he noted that the analysis did not consider benefit to adjacent properties because the study primarily deals with county roads and counties do not assess for improvements. He advised that he attached summaries and conclusions from the document, due to its size, for Council review.

      Engineer Hanson also reviewed the Driving Surface Aggregate (DSA) information that was presented to Council by a resident and found that DSA is a crushed limestone material that is the same material utilized as the current aggregate surface on Charlton Road. He stated that this material has been used on Charlton Road since the 1994 upgrade and most likely prior to that time also. He advised that the information presented by Penn State Center for Dirt and Gravel Road Studies included information on the importance of good drainage and roadside swales. He further advised that the emphasis of the report is the use of DSA on low volume roads where erosion is occurring that can contaminate streams and drainage ways and the report includes case studies for low volume gravel roads, old logging roads that are now hunting roads and driveways.

The Engineer reported that he reviewed Pervious Pavements as alternative road surfaces and found that the pervious or porous surface treatments are not used a lot in Minnesota. He noted the pervious materials are used primarily in the south and west on interstates and high volume roads to reduce spray and splash, to improve wet pavement skid resistance, improvement visibility of pavement markings and reduce noise on heavily traveled roads. He explained that the porous pavement allows water to re-enter the ground naturally and the system is designed and constructed primarily for parking lots. He reviewed the four design requirements identified for porous pavement and noted it would be difficult and very expensive to reconstruct Charlton Road to meet the design requirements for this type of pavement. He also noted that due to the heavy snow cover and the fact that the frost line depth varies it would not be an appropriate surface treatment in Minnesota.

Mr. Hanson advised that Mr. Bulach suggested concrete as a porous pavement and once source contacted identified porous concrete as four times more expensive than porous bituminous surfacing. He explained that it is very difficult to construct any type of porous pavement in Minnesota.

The Engineer pointed out that rural section ditches were also discussed at the June meeting and he explained that these ditches are beneficial to assist with cleansing storm water runoff before it enters into lakes or wetlands. He noted that Charlton Road is currently losing ditches.

Mr. Hanson stated he brought copies of the reports he reviewed for inspection by Council or residents. He commented that he would gladly review any other materials that are presented by Council or residents.

Councilmember DeCourcy asked if it would be preposterous to install bituminous surface from the church parking lot to Highway 110 and leaving the remaining roadway aggregate. Mr. Hanson stated it could be done; however, it would be extremely expensive.

Mayor Park commented that this is clearly a complex issue and that there are many other issues relating to the proposed improvement that have not yet been raised by those in attendance. She suggested it may be more appropriate to form a Task Force comprised of a few representatives from Council, staff, citizens and the Planning Commission to review the issues related to the improvement; she indicated that it would be fitting to have different opinions represented during the discussion, such as one Councilmember that opposes paving and one that supports paving the road and the same would apply to the citizen representatives. The Mayor suggested she and Councilmember MacManus, who lives on Charlton Road, serve as the Council representatives. She stated that she believes something must be done to improve the roadway condition.

Engineer Hanson agreed to staff the Task Force meetings.

Mayor Park stated it is her belief that something needs to be done and even if aggregate surface is utilized, the ditching situation would still have to be addressed. She indicated that the data could reasonably be reviewed within 60 to 90 days and some type of resolution could be made during that time frame. She noted that the issue of easements would also have to be discussed. The Mayor encouraged residents residing on the road to not only lobby the best solution for them as individuals, but also consider the best solution for the entire City.

Council concurred with the recommendation to formulate a Task Force to further discuss the matter.

Mike McDonald commented that he believes it is difficult for the Task Force to start their discussion with the premise that something must be done to the road.
Mayor Park explained the reason for her statement that something must be done relates to the poor soil conditions on the existing road and the drainage problems. She stated she believes a smaller group could have a more productive discussion than a larger group at a Council meeting.

Mr. Hammett thanked the Engineer for his research on DSA and noted that he had contacted three rock quarries and all indicated they had never heard of the product.

Mayor Park asked Council to consider authorizing the formation of a Task Force as she recommended.

Councilmember Bennett agreed that a Task Force would be appropriate but suggested that the alternatives should not be limited.

Councilmember Bennett moved, to authorize the Mayor to appoint a Task Force comprised of two Council and two Planning Commission representatives, two citizen representatives and the City Engineer to discuss alternatives for the proposed improvement of Charlton Road and to provide a report and recommendation to Council within 90 days, seconded by Councilmember DeCourcy and carried.

      Council thanked the Engineer for his report.

MISCELLANEOUS: Attorney Kuntz reminded Council that the deer limit is set annually at the August meeting.

Mayor Park stated she is working with the City of West St. Paul to have the aerial count accomplished and that she would place the matter on the August agenda.

10. ADJOURN:   Councilmember Bennett moved for adjournment at 9:25 p.m., seconded by Councilmember
                       DeCourcy and carried.



____________________                                      ___________________________

Molly Park, Mayor                                                  Catherine Iago, City Clerk

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