SUNFISH LAKE CITY COUNCIL MEETING – JULY 10, 2018

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

Attendants:

Mayor: Richard Williams

Councilmembers: Mike Hovey, JoAnne Wahlstrom, and Steven Bulach

City Attorney: Tim Kuntz

City Planner: Ryan Grittman

City Engineers: Jeff Sandberg

City Treasurer: Ann Lanoue

Building Inspector: Mike Andrejka
City Forester: Jim Nayes
Police Chief: Manila Shaver

City Clerk: Cathy Iago

and Members of the General Public.

Councilmember Daniel O’Leary was 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 and there was no response.

Councilmember Wahlstrom moved to adopt the agenda as amended, seconded by Councilmember Hovey 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 and there was no response.

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

a. Regular Council Meeting Minutes of June 5, 2018

b. List of Bills

c. Monthly Financials

4. COMMENTS FROM THE PUBLIC: The Mayor asked if there were any 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 reviewed the following information listed in his report dated June 27, 2018 and explained that the Planning Commission tabled the Major Site and Building Plan application for construction of a new home at 245 Salem Church Road to their July meeting because the application was incomplete. Staff anticipates that the completed application would be reviewed by the Commission in July and would be presented to Council at their August meeting.

The Planner advised that the property owners at 2570 Delaware Avenue who recently received approval of a Major Site and Building Plan for the property are now seeking approval of a minor site and building plan to add a bedroom on the site. He stated that the plan requires a shoreland and side yard setback variance and would be reviewed by the Commission in July and sent to Council in August.

Planner Grittman explained that the City Attorney prepared an email that was sent to Council and staff on Monday, July 9, 2018 that outlines the various issues relating to placement of a septic system on the property at 8 Wood Duck Pass. He advised that the City Attorney had prepared an Encroachment Agreement due to the fact that the landowner had reviewed the site and found the best location for the septic system is within a cul-de-sac that is not currently being used for that purpose.

Mayor Williams pointed out that although the cul-de-sac had never been used, it was platted for that purpose. He noted that both lots on the cul-de-sac are owned by Ms. Telander.

Attorney Kuntz agreed and explained that he wished to review the issues related to locating the septic system in this area. He advised that staff is requesting input from Council on their preference as to how to proceed, however, no formal action is required this evening He stated that the property owner, David Korus, was present.

Attorney Kuntz distributed copies of the plat of Thirty Oaks Addition that shows the cul-de-sac location, the surveyor’s sketch of where the encroachment would occur in the northwest quadrant of the cul-de-sac at the terminus of Wood Duck Pass, and a template of an encroachment agreement for Council review.

The Attorney noted that Wood Duck Pass abuts lots 7, 8 and 10, however, the vacant lot 9 does not have direct access to Acorn Drive and can only access the road using Wood Duck Pass. He advised that it was suggested that the City could vacate Wood Duck Pass, but since it was platted the adjoining lots 7, 8,9 and 10 would accrue equal portions of the road and Lot 9 would not have access to get to their property.

Mayor Williams expressed concern relating to the fact that Fire Safety equipment may need the road space for turning the larger trucks.

Attorney Kuntz explained that it may be possible to vacate a portion of Acorn Drive within Lot 8 to locate the septic system such as vacating only one quadrant adjacent to Lot 8.

Mayor Williams commented that if the cul-de-sac area was kept clear the larger fire equipment would be able to back out on the roadway.

The City Attorney referred to the Topography Exhibit for the Korus property that was part of the material distributed and pointed out that the road does not show the cul-de-sac that was shown on the Thirty Oaks Plat.

Councilmember Hovey questioned what would happen to access for Lot 9 if a portion of the cul-de-sac is vacationed.

Attorney Kuntz explained that Lot 9 would have public access to get to the road if only one quadrant of the cul-de-sac is vacated.

David Korus, property owner of Lot 8, explained that he had been in contact with Barbara Telander who owns Lot 9 and she indicated she would support the vacation of her portion of the cul-de-sac adjacent to Lot 9.

Mayor Williams asked Mr. Korus if Ms. Telander would allow him to relocate his driveway if necessary and Mr. Korus responded yes.

Councilmember Hovey questioned if the City would prohibit access for Lot 9 with an encroachment agreement.

Engineer Sandberg explained that the City could vacate one-half of the cul-de-sac and Lot 9 would still have access to the road.

Attorney Kuntz stated he would recommend vacating a portion of the cul-de-sac rather than the City entering an encroachment agreement with the property owner. He further recommended that the City should request a Waiver of Claims against the City from both Lots 8 and 9.

The Attorney discussed the fact that an encroachment agreement would not allow the property owner to place the septic system within the public roadway and there would be no liability to the City if the system failed; he further advised that the landowner would have to maintain the system. He questioned if the proposed system would be below ground or mounded above the surface and if vehicles could travel across it if it was a mound system.

Engineer Sandberg stated that he and the Planner met with the property owner and they agree that the cul-de-sac area is the only site that would support the system. He noted the site topography makes it difficult for any other location.

Councilmember Hovey stated that Council had considered newer technology for other sites and questioned if any other type of septic system could work on this site.

Engineer Sandberg advised that a vault system could be used, however, that system requires substantial pumping and is not a good option.

The Planner explained that a mound system would be located in the right-of-way next to the road versus in the road.

Councilmember Hovey questioned if there would be issues with snow removal.

Engineer Sandberg explained that although it is a public road, the property owners have maintained it and the City had not plowed the road since it serves as a driveway for the property. He stated he would favor vacating a portion of the cul-de-sac versus an encroachment agreement.

There was discussion relating to whether or not the lots would have access if the City vacates one-half of the cul-de-sac for the septic installation.

Councilmember Hovey stated he did not favor the encroachment agreement as it may establish a precedence for future requests. He supported vacating a portion of the cul-de-sac.

Mr. Korus explained that he would have no issue with granting access to other lots if a portion of the cul-de-sac is vacated.

Mayor Williams commented that as long as the road remains wide enough to accommodate emergency vehicle access it appears that the vacation of a portion of the cul-de-sac would be the best option.

David Korus expressed his appreciation to Council for their consideration and discussion on this matter. He indicated that he would prefer the matter be expedited so that he can bring the septic system into compliance. He also advised that he would be installing a mound system on the property.

Attorney Kuntz asked if staff had received any comments from the property owners on Lots 7 and 10.

Engineer Sandberg explained he received a call from a resident that was adamantly opposed to the proposal but it was not an adjacent property owner.

Attorney Kuntz recommended that the property owner contact a surveyor to prepare a legal description of quadrant portion the cul-de-sac to be vacated.

Me. Korus stated he had been in contact with his surveyor and that he would follow-up with him. He stated his preference would be for the City to vacate the quadrant of the cul-de-sac adjacent to Lots 8 and 9. He asked when he would be able to begin the installation.

Attorney Kuntz reviewed the procedures that the City must follow for the vacation process; he noted that a public hearing would have to be conducted and that the matter would not be completed until the September Council meeting.

Council concurred that they would prefer to proceed with vacating the quadrant of the cul-de-sac.

Mr. Korus thanked Council and staff.

Engineer Sandberg clarified for Mr. Korus that no installation should be started prior to approval of the vacation.

Planner Grittman explained that he contacted the property owner at 331 Salem Church Road by phone and email to advise that she was directed by Council to paint the entire home a matching color by June 15, 2018 in order to be in compliance with the conditions of approval for the home addition. He stated that the property owner advised she had not yet painted the home and that she might do so in the future. Staff is requesting that Council authorize staff to send a formal letter from the City Attorney’s office to request that the home be painted and it if it not, the City would pursue legal action. He noted that this was a variance request and asked the City Attorney what type of legal action could be taken.

Attorney Kuntz explained that the City had the option to pursue either civil or criminal enforcement and could impose a fine. He noted that the fine for a Gross Misdemeanor would be $1,000 or 90 days in jail.

Councilmember Hovey asked what would happen if the property owner ignores the request.

The Planner commented that the City could continue to impose the fine. He provided a brief background of the application and previous Council discussion of this matter.

Attorney Kuntz asked if it would be appropriate for a member of the Council to contact the property owner to visit the site and discuss the matter.

Clerk Iago pointed out that Council had discussed this matter in the past and the same issues were raised at that time. She suggested that a formal letter would be more appropriate since it establishes a deadline for compliance.

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

Councilmember Bulach moved to direct the City Attorney and Planner to draft a letter to the property owner at 331 Salem Church Road that states the request to paint the home a matching color, sets a date to complete the painting in order to be in compliance with the conditions of the Variance approval and explains the legal consequences if they do not meet the deadline, seconded by Councilmember Hovey and carried. (4-0)

Council thanked the Planner for his report.

7. STAFF REPORTS: Clerk Iago explained that the City Forester asked to present his report first as he has out-of-town company at his home.

Council agreed.

c. CITY FORESTER: Forester Nayes referred to his report dated June 30, 2018 and stated that the “Welcome to Sunfish Lake” committee met on June 6 and would met again on July 11 at the Heartland Credit Union; he invited anyone interested to attend. He stated that he delivered the first samples of lake water for the CAMP Program.

The Forester stated that he moved the trails in Musser and Harmon Park and along Salem Church Road and prepared the wildflower site in Musser Park for seeding.

Forester Nayes stated he found tires and doors discarded on Upper 55^th Street and was able to dispose of the tires found. He asked Councilmember Hovey if he could dispose of the doors in his dumpster and Councilmember Hovey agreed.

The Forester explained he received a complaint at a resident at 273 Salem Church Road had removed numerous trees near the property boundary with 245 Salem Church Road. He noted that he visited the site and found that seven (7) live pines and three eight inch diameter live spruce trees were removed from within the east property setback. He explained that this is the second occurrence of live tree removal at this property and that he would work with the City Planner to draft a letter to the property owner that outlines the regulations in the City Code that requires the property owner to replace the trees.

Councilmember Bulach asked if the Forester had verified the trees were all on the property at 273 Salem Church Road and he explained that there have been issues relating to the property lines between the current owner and new property owner. He commented that he was shocked to see the trees removed.

Council thanked the Forester for his report.

a. BUILDING INSPECTOR: Inspector Andrejka stated that he issued six (6) and closed eight (8) permits in June.
Council thanked the Inspector for his report.

d. PUBLIC SAFETY: Chief Shaver reviewed his report dated June 29, 2018 and stated there were four (4) false alarms and one (1) Fire alarm. He reviewed the calls listed in the report.

Council thanked the Chief for his report.

b. CITY ENGINEER: 1. Engineering Activities Undertaken in June: A. Fire Number Review: Engineer Sandberg explained that he and Police Chief Shaver had reviewed the potential for grant opportunities to fund the replacement of the Fire Number signage in the City. He referred to his letter dated July 5, 2018 that listed the results of a drive-by survey of all properties in the City and that listed the five (5) different categories of the condition of the fire number signs. He explained that staff found that 82 of the properties surveyed should be replaced with new signs and that 52 of the properties are located on through streets.

The Engineer reviewed the options as listed on page 2 of his letter:

Option 1: Replace only the fire markers that are missing with standard 1-sided markers and correct hidden/blocked or tilted markers at a cost of $4,014 plus $385 to install galvanized posts;

Option 2: Replace all missing fire markers with new 1-sided signs and replace all makers on through streets with 2-sided markers, correct hidden/blocked or tilted markers at a cost of $7,270 plus $578 to install galvanized posts.

Engineer Sandberg advised that staff found out today there are no grants available for the sign replacement and, therefore, the funds would have to come from the General Fund.

Councilmember Wahlstrom asked if the costs could be passed to the property owners.

Councilmember Hovey pointed out that the monies taken from the General Fund are a result of tax collection and if the property owners are asked to bear the cost it would be a “double hit”.

Councilmember Hovey moved to authorize the Engineer to proceed with Option 1 to replace only the fire markers that are missing at a cost of $4,014 plus $385 for the galvanized posts, seconded by Councilmember Wahlstrom.

In discussion Councilmember Hovey explained that through attrition the signs would be replaced as needed and that this would be a start on the project.

Councilmember Bulach noted that the Fire Department had asked for two-sided signs since it would not be easy for them to back up a truck if they miss the number when responding to a call. He asked if Option 2 at $7,270 would replace all the signs with two-sided signs.

Engineer Sandberg responded no, and explained that only the through streets would have two-sided signs. He noted that there are some inconsistencies in the signage that would also be corrected.

Resident Tom Hendrickson asked if the replacement would include signs at the beginning of private roads.

Engineer Sandberg explained that he saw three (3) signs at the beginning of private roads that were missing and would be replaced as part of the project.

Mayor Williams expressed his concern that it would be difficult for the Fire Department to back up a large truck if the signs are only one-sided and he favored spending the additional monies to take care of installing the two-sided signage.

Councilmember Hovey withdrew his motion and Councilmember Wahlstrom withdrew her second.

Councilmember Wahlstrom moved to authorize the City Engineer to proceed with the quotefrom Advantage Signs for Option 2 at a cost of $7,270.65 to replace all missing Fire Markers in the City with new one-sided markers and replace all markers on through streets with two-sided markers, correct hidden/blocked or tilted markers and to approve the additional cost of $578.88 for galvanized posts, seconded by Councilmember Bulach and carried. (4-0)

B. 2019-2023 CIP Update: Engineer Sandberg explained that per Council direction he worked with the City Treasurer and City’s Financial Advisor, Ehlers, to determine the financial and tax impacts if the City proceeds with the proposed road reconstruction projects in addition to the Charlton Road project. He distributed a proposed road project outline titled “Plan B” that listed three reconstruction projects proposed to be done in 2019; Zehnder Road, Angell Road and Sunnyside Lane. He explained the estimated cost of a 2-inch overlay on these roads would be $117,000. He noted that Grieve Glen Road, 60^th Street West and Upper 55^th Street were identified for reconstruction in 2021 at an estimated cost of $264,208. He reviewed the 2020 Tax Impact Analysis prepared by Ehlers and shown on page 2 of their letter dated July 5, 2018 for the projects. He pointed out that the pavement ratings are also shown on this chart and the roads listed for overly or reconstruction are in extremely poor condition. He advised that the City Treasurer suggested that staff continue to work to determine if it would be feasible to complete the projects as proposed and that no Council action is required at this time.

Treasurer Lanoue pointed out that the financial impacts could be further discussed at the City’s annual budget study meeting since the 2019 proposed budget is generally approved and sent to the County in September.

The Engineer pointed out that this is the first time the road improvements had been charted as shown on the Plan B document and it would be a useful tool for Council to review.

Mayor Williams asked if the rate of the road deterioration moves faster as the road ages.

Engineer Sandberg responded yes and explained that if the roads are seal coated and crack sealed every five (5) years it should extend the life of the roadway.

C. Traffic Study – Salem Church Road: Engineer Sandberg stated that the counters placed on Salem Church Road for the traffic study were vandalized, which delayed the traffic count study. He advised he sent a letter to residents that explained the benefits of the study and asked for their assistance to ensure the counters were not destroyed. He explained that Chief Shaver offered to place some “vandal proof” counters along the road to collect data and he indicated that he should have some traffic count results within the next two weeks; he stated he would present the information to Council in August.

D. Grieve Glen Road Condition Analysis and Proposed Corrections: The Engineer stated that he and Engineer Sterna met with Pine Bend Paving to review the road conditions on Grieve Glen Road. He explained that the City had worked with Pine Bend Paving over the years on other projects and had no complaints with their work. He stated that Mr. Jacoby from Pine Bend Paving provided an estimate for patching the areas of Grieve Glen Road that are in the worst condition at a cost of $13,600. He advised that the appearance of the road patching would not be great, however, it would improve the driving conditions and would last two years until such time as reconstruction of the road is scheduled. He explained that the funding for this project would be taken from the General Fund.

Councilmember Bulach asked if the patching would be done this summer and the Engineer responded yes.

Councilmember Hovey asked if the City had sufficient money in the General Fund to pay for the project and the City Treasurer responded yes.

Councilmember Hovey asked if the road would be blocked off during the patching and suggested a letter be sent to the residents since there is no public hearing on this matter.

Engineer Sandberg explained that he would ask the contractor to leave one lane open on the road for access and that he would send a letter to the residents prior to the start of the project.

Councilmember Bulach suggested that the letter explain the patching is a temporary solution and that the road would not be reconstructed until 2021.

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

Councilmember Bulach moved to approve quote in the amount of $13,600 from Pine Bend Paving for the road patching project on Grieve Glen Road and to direct the City Engineer to send a letter to residents prior to the project start, seconded by Councilmember Wahlstrom and carried. (4-0)

2. Building and Site Reviews in June: Engineer Sandberg explained he had done a Major Building and Site Plan review a new home at 245 Salem Church Road, however he recommended denial of the request until some concerns had been addressed by the applicant; he anticipates these items would be addressed prior to the July Planning meeting. He stated he completed a Minor Building and Site Plan review for property at 2570 Delaware Avenue for a proposed home addition. He advised he also approved a permit for Xcel Energy to replace seven (7) deteriorating power poles and equipment around the City. He noted all work would be performed within the easement and right of way.

Councilmember Hovey asked the location of the power pole replacements and noted that when the power is out the property owners septic systems would not work.

The Engineer stated he was unsure of all the locations but as a condition of the permit approval he required Xcel to contact the property owners before shutting off the power and to restore any turf or sod at the locations.

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

4. Anticipated Engineering and Public Works Activities for July: None.

Council thanked the Engineer for his report.

8. NEW/OTHER BUSINESS: a. Consider the following: Accept Resignation of Mayor Richard Williams; Consider Resolution Accepting Resignation of Mayor Richard Williams and Declaring a Vacancy; Consider Resolution Appointing Person to Fill Mayor Vacancy; Accept Resignation of Councilmember Dan O’Leary; Consider Resolution Accepting Resignation of Councilmember Dan O’Leary and Declaring a Vacancy; Consider Resolution Appointing Person to Fill Councilmember Vacancy; and Consider Resolution Calling for a Special Election with the General Election: Attorney Kuntz referred to his memorandum dated July 3, 2018 and explained that Mayor Williams had sold his home in the City and would no longer be a resident as of July 20,2018, therefore he must resign his position as Mayor. He stated that Council would be considering appointing Councilmember Dan O’Leary to fill the vacant position of Mayor until the November 6, 2018 General Election. He noted that Councilmember O’Leary must also submit his resignation from his position as a member of the Council. He noted that Councilmember O’Leary’s term expires on December 31, 2020 and when a Council vacancy occurs with more than two year remaining in the unexpired term, a special election is ordered to fill the vacancy for the remainder of the unexpired term; he stated this will also be placed on the General election ballot on November 6, 2018. He advised that Council must appoint a person to hold the vacant Council position until the special election and must adopt a resolution declaring a vacancy. He further advised that the resigning Mayor may not vote on his replacement. He reviewed the actions required as listed in his memorandum.

The City Attorney recommended that Mayor Williams sign the resignation effective July 20, 2018

Mayor Williams signed the resignation and asked if there were any questions and there was no response.

Councilmember Hovey moved to adopt Resolution No. 18-16 titled, Resolution Accepting Resignation of Mayor Richard Williams and Declaring a Vacancy, seconded by Councilmember Bulach and carried. (4-0)

Councilmember Bulach moved to adopt resolution No. 18-17 titled, Resolution Appointing Person to Fill Mayor Vacancy; Accept Resignation of Councilmember Dan O’Leary, seconded by Councilmember Hovey and carried. (Ayes: 3-Bulach, Hovey, Wahlstrom, Nays: 0, Abstain: 1-Williams)

Councilmember Bulach moved to adopt Resolution No. 18-18 titled, Resolution Accepting Resignation of Councilmember Dan O’Leary and Declaring a Vacancy, seconded by Councilmember Wahlstrom and carried.

(4-0)

Mayor Williams asked Tom Hendrickson, Chair of the Planning Commission if anyone on the Commission indicated they did not wish to serve on Council.

Mr. Hendrickson stated that he polled the Commission and only Commissioner Spaulding indicated he did not wish to be appointed.

Mayor Williams recommended the appointment of Ginny Beckett to fill the unexpired term of Councilmember O’Leary.

Councilmember Wahlstrom moved to adopt Resolution No. 18-19 titled, Resolution Appointing Person to Fill Councilmember Vacancy by appointing Planning Commissioner Ginny Beckett as recommended by Mayor Williams, seconded by Councilmember Hovey and carried. (4-0)

Attorney Kuntz explained that the appointees would take an Oath of Office at the next Council meeting and serve in their positions until December 31, 2018.

Mr. Hendrickson asked if the Council would be appointing a replacement for the Planning Commission.

Attorney Kuntz responded yes and explained that the new Mayor would make that recommendation and seek Council approval at a future meeting. He stated the last resolution would call for a Special Election to fill the unexpired term for the Council position.

Councilmember Hovey suggested that Mr. Hendrickson contact Mayor O’Leary to discuss possible replacements for the Commission.

Councilmember Bulach moved to adopt Resolution No. 18-20 titled, Resolution Calling for a Special Election with the General Election to fill the unexpired Council term that expires on December 31, 2020, seconded by Councilmember Hovey and carried. (4-0)

Attorney Kuntz explained that the City Clerk would publish a Notice of Candidate Filings for the positions open for Mayor, two Councilpersons for 4-year terms and one Councilperson to fill the unexpired term until December 31, 2020.

b. Consider Resolution Appointing Election Judges for the August 14, 2018 Primary Election: Clerk Iago referred to her memorandum dated June 25, 2018 requesting adoption of a Resolution appointing Election Judges for the Primary Election held on August 14, 2018.

Councilmember Hovey moved to adopt Resolution No. 18-21 titled, Resolution Appointing Election Judges to Serve at the August 14, 2018 Primary Election, seconded by Councilmember Wahlstrom and carried. (4-0)

c. Consider Schedule Special Council Meeting on August 7, 2018 to Discuss Proposed 2019 City of Sunfish Lake Budget: Clerk Iago explained that Council annually schedules a special meeting prior to the August Regular Council meeting to discuss the proposed budget for the upcoming year. She asked the City Treasurer what time would be appropriate to conduct the special meeting.

Treasurer Lanoue indicated that one hour prior to the regular meeting, 6:00 p.m., should provide sufficient time for discussion. She asked staff to provide her any budget requests at their earliest convenience.

Clerk Iago explained that dinner is usually served at this meeting.

Councilmember Bulach moved to schedule a Special Council Meeting on August 7, 2018 at 6:00 p.m. to discuss the 2019 Proposed City Budget, seconded by Councilmember Hovey and carried. (4-0)

d. Discuss Draft 2018-2022 Capital Improvement Plan (CIP): Mayor Williams explained this item was discussed earlier this evening.

e. Consider Appointment of Representative to Lower Mississippi River Watershed Management Organization (LMRWMO): Mayor Williams stated he is the current representative and offered to contact the new Mayor to discuss possible appointments to this organization. He recommended tabling this matter to the August meeting.

Council concurred to table this item to the August meeting.

f. Consider Resolution Approving Use of Eminent Domain to Acquire Temporary and Permanent Easement Rights from Private Property Owner as Required for the Charlton Road Improvements: Attorney Kuntz referred to his memorandum dated July 3, 2018 and explained that per Council direction staff had obtained an appraisal for the proposed easement on the Norton property in conjunction with the Charlton Road improvement project. He stated that Engineer Sterna has had an on-going discussion with the children of Martha Norton regarding options the City was willing to provide in exchange for granting the easement. He advised that the Engineer recently received an email from the Norton family that indicated they may be willing to provide the easement and a waiver of appeal for the assessment in exchange for the City fixing the wetland area on their property. He commented that Engineer Sandberg would provide an update on the discussions with the Norton family.

The Attorney explained that the City is under time constraints to keep the project moving forward and staff recommends that Council proceed with the Eminent Domain process. He further recommended that the Engineer continue discussions with the Norton family and advise them of a deadline for their response.

Engineer Sandberg explained that in discussions with Jeff Norton, son of Martha Norton, he was asked to provide plans and a description of the proposed improvement to the wetland area on their property. He stated that the discussions were positive, however, the family requested more detailed information. He advised that a Wetlands Specialist from his office could review the wetland area on the Norton property and provide photos to the family of past restoration projects that are similar to what the City proposes. He estimated the cost for meeting with the Norton family and reviewing the proposal and sketches would be approximately $1,500.

Councilmember Hovey asked if the cost to proceed with Eminent Domain would be greater or less than the City completing the restoration project.

Engineer Sandberg explained that the cost to complete the restoration project would be approximately $15,000 and the estimated cost to pursue condemnation would be approximately $30,000.

Councilmember Hovey asked if the City could stop the condemnation process if the Norton family agrees to grant the easement.

Attorney Kuntz explained that the family could stop the process if they provide agreement to grant the easement at any time prior to the court scheduling a hearing on the matter. He suggested that the City request the Norton’s response within 60 days.

Councilmember Bulach stated he would prefer the City set a September 1 deadline for the response.

Engineer Sandberg suggested that Council place a time limit and a spending limit for work on preparation to respond to the Norton family.

Councilmember Bulach recommended capping the expense at $1,600 and setting a September 1 deadline for a response.

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

Councilmember Hovey moved to adopt Resolution No.18-22 titled, Resolution Approving Use of Eminent Domain to Acquire Temporary and Permanent Easement Rights from Private Property Owner as Required for the Charlton Road Improvements, City Project No. 2018-01, and to direct the City Engineer to prepare an offer to the Norton family for restoration of the wetland area on their property in exchange for an easement and a waiver of appeal for assessments at a cost not to exceed $1,600, seconded by Councilmember Wahlstrom and carried. (4-0)

g. Consider Resolution Approving Final Plans and Specifications and Ordering Advertisement for Bids for City Project No. 2018-01 (Charlton Road Improvements) and City Project No. 2018-02 (Sunfish Lake Outlet Improvements): Attorney Kuntz referred to his memorandum dated July 3, 2018 and explained that the project schedule for the Charlton road and Sunfish Lake Outlet improvement projects call for Council to approve the final plans and specification and order the advertisement for bids for both projects. He stated that he had prepared a resolution for Council consideration and that the resolution does not specify a date for awarding the bid for the projects.

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

Councilmember Bulach moved to adopt Resolution No. 18-23 titled, Resolution Approving Final Plans and Specifications and Ordering Advertisement for Bids for City Project No. 2018-01 (Charlton Road Improvements) and City Project No. 2018-02 (Sunfish Lake Outlet Improvements), seconded by Councilmember Hovey and carried. (4-0)

h. Other: Mayor Williams explained that he was approached a resident who explained that another resident may be hiring an attorney in order to take legal action against the City relating to the Sunfish Lake Outlet improvement project. He stated that he was told the resident indicated that they would take legal action because the lake is not owned by the City. He suggested that it would appropriate for the City Attorney to prepare a letter of opinion to the City that outlines the City’s authority to take the steps necessary to make improvements to the Sunfish Lake Outlet.

Councilmember Bulach moved to direct the City Attorney to prepare an opinion letter relating to the City’s authority to proceed with improvements to the Sunfish Lake outlet, seconded by Councilmember Wahlstrom and carried. (4-0)

Councilmember Hovey presented a Certificate of Appreciation and a gift to Mayor Williams on behalf of the Council and staff and in appreciation for his years of service as a member of the Council and as Mayor.

Mayor Williams thanked those present and extended his appreciation to the Council and staff.

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

9. ADJOURN: Mayor Williams moved to adjourn the meeting at 9:05 p.m.

____________________________ ________________________________

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