SUNFISH LAKE CITY COUNCIL MEETING – MARCH 4, 2014

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

Attendants:

Mayor:  Molly Park

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

City Attorney:  Tim Kuntz

City Building Official: David Neameyer

City Engineer:  Don Sterna
City Forester:  Jim Nayes

City Treasurer:  Ann Lanoue

City Clerk:  Cathy Iago
Police Chief: Manila Shaver
and Members of the General Public
City Planner Michelle Barness was absent.

1.   CALL TO ORDER:               Mayor Park opened the meeting at 7:00 p.m. She explained that former Planning Commissioner Arnulf Svendsen was unable to attend the meeting this evening to receive a Certificate of Appreciation from the City for more than 15 years service as a member and Chair of the Planning Commission. She advised that his term ended in December, 2013, along with Commissioner Gordon Peters and that she had recently made two new appointments to the Commission. 

Mayor Park stated that the City wished to recognize the dedication of Arnulf Svendsen for serving on the Commission and for serving as Chair on multiple occasions.  She commented that the City Council is grateful to Arnulf and also to the many other citizen’s who had volunteered their time. She pointed out that the Council is appreciative of the high caliber of volunteers and staff who serve the City.    

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

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

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

Councilmember Hovey moved to approve the following as submitted:

a.   Regular City Council Minutes February 5, 2014
b.   List of Bills

c.    Monthly Financials

seconded by Councilmember Wahlstrom and carried. (5-0)

4.   COMMENTS FROM THE PUBLIC: Mayor Park if there were any comments from the public and there was no response.

The Mayor explained that the Planner was not present this evening since there were no important matters to discuss; she advised that the Planning Report dated February 26, 2014 was submitted for Council review and that the March Planning meeting was cancelled due to lack of agenda items.

5.   PUBLIC HEARING: Conduct Continued Public Improvement Hearing for 2014-01 Street Improvement Project: Mayor Park opened the continued public hearing for the purpose of further discussion of the proposed 2014-01 Street Improvement Project at 7: 10 p.m. She asked the City Attorney to provide a brief overview of the previous discussion on this matter, any changes to the project, and the adjustments to the preliminary assessment roll for the project.
Attorney Kuntz stated that at the previous hearing, the City Engineer had outlined the scope of the project and it was determined that a turnaround should be placed at the western end of Windy Hill Road to more clearly mark and define the end of the public road and where the private road begins; he commented that this would prevent traffic from utilizing the private road for this purpose and protect the privacy of the property owners. He noted that the schedule for the project would not change and that the project cost had not changed from the $347,875 estimated. He advised that the purpose of the continued hearing would be to receive any additional comments and then Council would be asked to close the hearing and consider two resolutions ordering the project and approving plans and specifications and ordering the advertisement for bids.  He stated that Council would then consider awarding the bid at their May Council meeting and the project could then be completed through June and July, 2014.  He advised that once the project is completed, an  assessment hearing would be held in September in order to place the assessments on the tax rolls for 2015.

The Attorney explained that a financial consultant Ehlers & Associates and a bond counsel from Kennedy & Gravin would be involved to secure the bonds for a fee not to exceed the budgeted amount set by Council. 

Attorney Kuntz advised that later on the agenda Council would be asked to consider a proposed adjustment in the assessment roll relating to the Bancroft property; he indicated that the number of units to be assessed would be reduced from four to three for the Bancroft parcel.  He further explained that a Waiver of Assessment agreement would also be considered later on the agenda for a vacant tract of land owned by Devee, LLC for a reduced amount of assessments that was determined to be reasonable by both parties.

The Attorney explained that the percentages for the cost sharing of the assessments would be somewhat altered if these proposed adjustments occur; however, the proposed amounts for the other residential properties remain the same at $4,500 for Angell Road and $6,500 for Windy Hill Road and Windy Hill Court. He noted the difference in the assessment amounts is do the increased scope of work required on the Windy Hill portion of the project.

Attorney Kuntz advised that he and the City Engineer would respond to any questions from Council and then the continued public hearing could be opened for questions or comments from the audience.

Mayor Park asked if there were any questions from Council.

Councilmember Hovey asked if the Engineer had reviewed Angell Road to determine if any “breakouts” could be placed on the road for emergency vehicle access or turnarounds and if there would be additional costs.     

Engineer Sterna explained that there may be a minor adjustment in the costs and that he would review the street when the snow melts to determine areas for placement of the “breakouts”. He advised that there would not be any pavement in these areas, only gravel. He stated he was not aware of the exact dimensions need by the fire department for this purpose and that part of the project would be to enlarge the cul-de-sac at the end of Angell Road to assist with turnarounds.

Councilmember Wahlstrom asked if the additional cost would be borne by the City or the property owner. The Engineer explained the costs would be included in the project costs and shared, but he pointed out that he would review the street for areas where the costs would be minimal.

Mayor Park asked if these turnarounds would impinge on easements and if they would need to be maintained.

The Engineer responded that he would place the turnarounds within City right-of-way and that there may be minor maintenance. He discussed the areas that were placed on Acorn Drive for this purpose.  

Councilmember Wahlstrom asked if the City Forester could maintain these areas. The Engineer responded yes and explained he would work with the Forester regarding maintenance of these areas. He also advised that he may have to remove some trees along Acorn Drive to accommodate snow removal.

Richard Bancroft, 100 Windy Hill Road, stated that the snowplowing contractor is not aware of where the public road ends and the private road begins. He recommended that a survey be done in this area and explained that there is an easement in this area “Eisenhower Trail” that should be defined. He also commented that there is a “private road” sign which may cause confusion for the snowplow contractor as to what portion of the road is public. 

Mr. Bancroft stated he was comfortable with the City Attorney’s synopsis of the previous hearing and he asked if the assessment amounts would be adjusted if the bids were higher or lower than the estimated costs. 

Attorney Kuntz explained that the proposed assessment amounts do not change based on the bids received since they are calculated on the benefit analysis for the properties. 

Mayor Park asked if the city is required to accept the lowest bid.  The Attorney advised that State Statutes regulate that the City must accept the lowest responsible bidder on improvement projects that are over $100,000 and the bids must be sealed.

Councilmember Wahlstrom asked who and what determines if the bidder is responsible.

Attorney Kuntz explained that a contractor who has not completed a project or who is in financial jeopardy would not be considered responsible; he further sated that a contractor must provide a performance bond as part of the bidding process and if a contractor cannot provide a bond, most likely they are not responsible.

Mayor Park asked if there were further questions from Council and hearing none she opened the continued public hearing to receive comments from the public.  There were not comments from the audience.

The Mayor called for a motion to close the continued public hearing.

Councilmember Hovey moved to close the continued public hearing at 7:25 p.m., seconded by Councilmember Wahlstrom and carried. (5-0)

Attorney Kuntz summarized two changes;  1) a hammer-head turnaround would be incorporated on Windy Hill Road and, 2) gravel areas for the fire department set-up would be reviewed for placement on Angell Road.

Mayor Park asked if it would be appropriate to share the discussion relating to the assessments for the Bancroft and Devee, LLC properties at this time and move the staff reports to later discussion.

Attorney Kuntz stated that Council has the option to consider Items 8a through 8d relating to the project at this time and delay the staff reports.

8a. Consider Resolution Ordering Public Improvement Project 2014-01 and Approving Final Plans and Specifications for the 2014-01 Street Improvement Project: Mayor Park asked if there were any questions or comments from Council and there was no response.

Attorney Kuntz stated that a 4/5ths majority vote from Council is required to move forward with the project.

Councilmember Hovey moved to approve Resolution No. 14-09 titled RESOLUTION ORDERING PUBLIC IMPROVEMENT PROJECT 2014-01 AND APPROVING FINAL PLANS AND SPECIFICATIONS FOR THE 2014-01 STREET IMPROVEMENT PROJECT, seconded by Councilmember DeCourcy and carried. (5-0)

8b.   Consider Resolution Ordering Advertisement for Bids for the 2014-01 Street Improvement Project: Mayor Park asked the Engineer to explain the bidding process.

Engineer Sterna stated an advertisement for bids would be placed in the newspaper and the Construction Bulletin specifying the bid opening on April 16, 2014 in his office. He explained that two engineers are present during the bid opening and that Council is welcome to attend. He advised that he and the other engineer verify that a bid bond is included with the bid; the bid bond would be utilized by the City in the event the contractor defaults and the project must be re-bid. He stated that the bids are then read aloud, tabulated and a report is prepared for Council action at their May meeting recommending award of the bid to the lowest responsible bidder.
Councilmember Bulach asked if the bid specifications include criteria to evaluate the contractor.

Engineer Sterna stated that with a project this large that would not be an issue since sizable equipment and manpower is needed for the project.

Councilmember Bulach asked what happens if one bidder is far below the others and if that bid could be thrown out.

The Engineer explained that the bidder is usually asked to withdraw the bid; he noted that this may happen on occasion with reputable bidders who recently hired new personnel.

Councilmember DeCourcy asked if there is a warranty on the work.

Engineer Sterna stated there is a two-year warranty on the project, but that the specifications and criteria for pavement design assure that the project lasts longer than two-years.

Attorney Kuntz asked the Engineer to explain the time-frame for completing the job that would be included in the plans and specifications for the project.

The Engineer explained that the specifications include a provision that once the project is started it must be completed within a certain time period so that it does not continue throughout the summer months. He indicated that the road project on Angell Road could be done in two parts; with the culverts being done first and the bituminous overlay being done in conjunction with the surfacing of Windy Hill Road and Court. He noted that the contractor would provide accessibility for property owners to access their driveways in an attempt to minimize inconvenience during the project.

Councilmember DeCourcy asked how many culverts on Angell Road would be done and if that portion of the project is being assessed.

Engineer Sterna responded that three culverts would be repaired on Angell Road and that this portion of the work would not be assessed. He noted that the City may only assess an amount based on benefit to the property owners. He further explained that the culverts are in very poor condition and therefore he recommends doing the work in conjunction with the overlay project versus waiting until the road further deteriorates and a reconstruction project is scheduled.

Councilmember Hovey questioned the hours of operation for the project and if those are defined in the contract.

Engineer Sterna advised that the normal hours are 7:00 a.m. to 7:00 p.m., but most contractors cease work by 5:00 p.m.

Council requested the Engineer to notify the contractor that the City preferred the project work cease at 5:30 p.m.

Councilmember DeCourcy asked if the contractor would complete one side of the road at a time so that property owners and other traffic would be able to access the roadway during construction. 

Engineer Sterna pointed out that the road is not extremely wide; however, he could ask the contractor to complete one half of the road at a time. 

Councilmember Wahlstrom asked if the residents would be notified before the project begins.

Engineer Sterna stated that he could prepare flyers for distribution to residents informing them of the project date.

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

Councilmember Wahlstrom moved to adopt Resolution No. 14-10 titled ORDERING ADVERTISEMENT FOR BIDS FOR THE 2014-01 STREET IMPROVEMENT PROJECT, seconded by Councilmember Bulach and carried. (5-0)

c.   Consider Resolution Approving Waiver of Assessment Appeal Agreement at the Amount of $19,500 Relating to Dakota County Tax Parcel Identification No. 38-03800-13-010 for the 2014-01 Street Improvement Project: Attorney Kuntz explained that as part of the 2014-01 Street Improvement Project a vacant parcel owned by Devee, LLC was subject to a special assessment as part of the project. He advised the original proposed assessment was $32,000 and the property owner disputed this amount. He stated that a meeting was held in his office with the property owner of Devee, LLC, its attorney, the Mayor and the City Engineer present to exchange information and outline negotiations surrounding the issues disputed. The issues disputed include: the number of units that could be developed, cost of new road to serve future units, timing of future development, whether a present benefits existing is light of the uncertain time of future development and whether the City’s appraisal recognized the subdivision of additional units.

The Attorney stated that the City Engineer determined some of the future parcels would be accessed from Windy Hill Road and some from Salem Church Road. He explained that the City’s preliminary assessment of the land proposed five units could be served from Windy Hill Road and the landowner disputed this assessment.  He further explained that the City determined it would not pay the costs for a new road to benefit the future parcels and the owner questioned the benefit of the proposed improvements supporting more than one or two units accessing from Windy Hill Road. 

Attorney Kuntz advised that after discussion between all parties present a compromise was reached and signed by the landowner agreeing to waive appeal of the assessment as long as the amount does not exceed $19,500. 

Mayor Park commented that in her opinion the negotiation between all parties was an interesting process.

Councilmember Wahlstrom questioned if the City was agreeable with the amount negotiated.

Attorney Kuntz stated that he, the Mayor and the City Engineer agreed with the negotiated amount presented to Council this evening for their consideration. He pointed out that future development of the property would most likely results in more than three units being constructed, but he explained that it is uncertain when such development will occur. He commented that the City had some need for certainty that the assessments would not be disputed in order to move forward with the project and the amount negotiated appeared to be a reasonable compromise.

Councilmember Bulach asked if the assessment amount would be for three parcels accessing Windy Hill Road.

The Attorney explained the proposed amount would be for one parcel accessing Windy Hill Road; he commented that future development could support four to six units on Windy Hill Road and three or four units on Salem Church Road.

Mayor Park commented that only one or two units could face Windy Hill Road and that the lots would be served by a private road.

Councilmember Bulach asked if the developer agreed to construct the road and the Mayor responded yes.

The Engineer agreed that the property owner was made aware of the fact that the road construction would be his responsibility and that the City would not pay those costs.

Attorney Kuntz pointed out that it is unlikely the City would allow any direct driveway access from the lots onto Windy Hill Road. He indicated that an intersection for the private road to access Windy Hill Road would be allowed and this and the road would be paid by the developer at some future date.

Councilmember Hovey asked if the development occurs would the City receive funds for additional lots.

The Attorney responded no.

Councilmember Hovey asked if the City pays the remaining $13,000 in assessments.

Attorney Kuntz responded yes and explained that the additional costs would not affect the other properties.   

There was discussion relating to additional tax base received from future development of the property.

Councilmember Hovey questioned what would happen if the City denies the proposal and assesses for the five lots as originally planned.

Attorney Kuntz advised that the landowner may dispute the amount and appeal the matter to district court. He stated district court judge would decide if the amount benefits the property as assessed and most likely order appraisals from both parties. 

Mayor Park suggested that the City establish a “road reserve fund” for improvement projects and she noted that each project in the City is unique due to the low density nature of housing within the City. She explained that the reserve funds would assist the City with defraying some costs for improvements. She noted the coincidence that the Bancroft property, the Devee, LLC property and the City would have the same payment amount of $19, 500.  She discussed utilizing some reserve funds to defer the costs for the project and utilizing a portion of the tax base for the remainder.

Attorney Kuntz noted there are two options for financing available to the City to pay their portion of the project costs; 1)  the City could borrow less money to pay the contractor and use a portion of the reserve funds or; 2) the City could borrow the full amount and utilize tax levy funds and reserve funds. He stated the advantage to using option 2 is that the City has greater flexibility and money on hand for emergency situations. He agreed the Mayor’s earlier comment that the City is unique in that the benefits are the same for the larger lots that comprised the City versus the smaller lots that comprise other cities.

Mayor Park commented that she appreciates the fact that the Bancrofts and Devee, LLC were willing to negotiate with the City. She explained that she is not in favor of the taxpayers paying a larger portion of the costs and that is why she recommends establishing a reserve fund for improvements.

Councilmember DeCourcy asked Mr. Bancroft his opinion of the matter.

Mr. Bancroft stated he agreed with the negotiations and commented that he is not happy with spending money but in his opinion it is fair.

Councilmember Hovey asked the Attorney to comment on the down side of losing the assessment appeal.

Attorney Kuntz explained the judge could determine a cap on the benefit amount for the Devee, LLC property based on benefit determined by the appraisers hired by both parties. He further explained that the costs for the legal counsel, witnesses and litigation preparation would also be borne by the City. 

Councilmember Hovey asked if there were any ramifications relating to other lots if the City loses the appeal.

Attorney Kuntz responded no and explained that each parcel only has 30 days to appeal the assessment once it is approved.

Councilmember Wahlstrom asked the attorney for cost estimate for the appeal process. The Attorney explained the City costs would be between $20,000 to $30,000 for the appeal.

Mayor Park asked if there was any further discussion on the matter and there was no response.

Councilmember Wahlstrom moved to adopt Resolution No. 14-11 titled RESOLUTION APPROVING WAIVER OF ASSESSMENT APPEAL AGREEMENT AT THE AMOUNT OF $19,500 RELATING TO DAKOTA COUNTY TAX PARCEL IDENTIFICATION NO. 38-03800-13-010 FOR THE 2014-01 STREET     IMPROVEMENT PROJECT, seconded by Councilmember DeCourcy and carried. (5-0)

d.   Consider Resolution Directing Adjustment to Preliminary Assessment Roll for the 2014-01 Street Improvement Project Relating to Properties Owned by Richard Bancroft Jr. and Deborah B. Bancroft: Attorney Kuntz explained that there are five (5) properties owned by Mr. & Mrs. Bancroft and that it was determined one of the parcels would not be served by Windy Hill Road when developed, but would access to a new road connected to Salem Church Road.  Another parcel is underwater.  He displayed a photo of the five parcels of land and explained that when the Makens addition was platted, the City obtained an easement in anticipation of this eventual development of the property.  He showed where the land could be reconfigured and the proposed access to the southern portion of the land would access onto Salem Church Road.  He explained that it was determined by the City during the negotiation process with Bancroft and three (3) lots would be assessed rather than four (4) that were in the original assessment proposal.

Mr. Bancroft explained that he was a member of Council when it was determined by the City Engineer from Loucks & Associates and the road should be access from Salem Church Road. He stated that he entered an agreement with Makens to utilize a portion of his property, as well as a portion of the Makens property to dedicate an easement for this purpose. He noted it would be private road and agreed with the concept of private roads versus City owned roads for development.

Councilmember Hovey asked if Mr. Bancroft was previously assessed for this parcel when the Salem Church Road improvement was done.  Mr. Bancroft responded no.

Attorney Kuntz explained that Mr. Bancroft purchased a parcel that is currently land-locked until the future road is constructed for access to Salem Church Road.

Councilmember DeCourcy asked how many acres are owned by Mr. Bancroft. 

The Attorney showed the five parcels on the map and explained that the portion colored in green on the south contains 13-acres, the portion in pink contains 12-acres, the portion containing the residence is about 13 acres, the portion in green on the north is about 2.5 acres and the remaining parcel is underwater.  The parcel in green on the south and the parcel underwater will not be assessed.

Mr. Bancroft stated he is agreeable to the proposal.

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

Councilmember Hovey moved, to adopt Resolution No. 14-12  DIRECTING ADJUSTMENT TO PRELIMINARY ASSESSMENT ROLL FOR THE 2014-01 STREET IMPROVEMENT PROJECT RELATING TO PROPERTIES OWNED BY RICHARD BANCROFT JR. AND DEBORAH B. BANCROFT, seconded by Councilmember Wahlstrom and carried.  (5-0) 

6.   PLANNING COMMISSION/PLANNER’S REPORT: a.  Planning Report:  Mayor Park advised that Planner Barness was not in attendance this evening since there were no items for discussion and referred Council to her report dated February 26, 2014. She stated the March planning meeting was cancelled due to lack of applications.

7.   STAFF REPORTS: a.   Building Inspector: Inspector Neameyer reported that eight (8) permits were issued closed in February, 2014.   Council thanked the Inspector for his report.

b. City Engineer: Engineering Activates Undertaken in the Month of February: 2014 Street Reconstruction Project: The Engineer referred to his report dated February 28, 2014.  He commented that he would not discuss the improvement project further; however, he advised that he would solicit bids for the project and Council was invited to attend the April 16 bid opening at his office.      

MCES 2014 CAMP Program: Engineer Sterna advised he received the annual notice from the MPCA regarding the City’s participation in the Citizen Assisted Monitoring Program (CAMP) for the three City lakes. He explained that the City has had good volunteer participation for both Sunfish and Horseshoe Lakes, but he has had difficulty finding a resident to monitor Hornbeam Lake.

Mayor Park stated she had not contacted any of the residents who normally volunteer for this program.

Forester Nayes commented that a few new residents have moved into the Hornbeam Lake area and they may be interested in volunteering to collect samples. He offered to contact the new residents to determine if they would volunteer to monitor Hornbeam Lake.

Pieper Road Turn Back from MnDOT:  Engineer Sterna explained that when I-494 was constructed MnDOT acquired a portion of Pieper Road right-of-way to construct an overpass; however, the right-of-way was never released back to the City. He displayed a diagram showing the right-of-way that MnDOT proposes to turn back to both the City of Sunfish Lake and Inver Grove Heights. He commented that MnDOT would most likely prepare an agreement for Council consideration to formalize the turn back. 

Councilmember Wahlstrom asked if the City would be responsible for maintaining the road. The Engineer responded yes and explained that the City currently maintains their portion of the road. 

Councilmember Bulach asked if the entire road should belong to Sunfish Lake. The Engineer responded no and explained that the street borders both Sunfish Lake and Inver Grove Heights.

Snow Plowing Activity for February: Engineer Sterna advised that he received several calls from residents regarding snowplow activity and concerns. He advised the City had spent $12,299 of the budgeted amount of $35,000 through January 30, 2014, however, he noted the costs may be higher due to the plowing activities through February, 2014.  He stated that there are snow removal issues at the end of Acorn Drive at the cul-de-sac. He pointed out that due to the tight radius of the cul-de-sac he may have to remove some trees close to the roadway for an area to dispose of the snow. He further noted there was an issue with a mailbox on the road and that he is working to resolve the matter

Anticipated Engineer/Public Works Activities’ for the Month of March: Snow Plow Monitoring: Engineer Sterna stated he would continue to monitor snow and ice removal on City streets and asked that he be contacted with any concerns.

SWPPP Yearly Public Hearing: The Engineer advised that the annual public hearing to discuss the Storm Water Pollution Prevention (SWPPP) review for the City would be held at the April 1 Council meeting.  He stated that the presentation would include discussion of the current conditions and methods that both the City and residents may adopt to continue the improvements in water quality.

Load Limit Postings and Fire Number Signs:  Engineer Sterna explained that the load limits posting for the roadways would be done later this month and he would work with the City Forester to accomplish this task.  He advised that the fire number signs were delivered to the Forester for distribution to residents.

Mayor Park noted that the Stop sign at Sunnyside Lane was damaged and asked when it would be repaired.  The Engineer explained that the earliest he could repair the sign would be April and that he would be checking signage throughout the City to determine if any others needed repair.

Councilmember Hovey pointed out that the way MnDOT piles snow at the intersection of Highway 110 and Charlton Road makes it difficult for cars to pass in that area. He commented this is the area with the right-turn only lane and the triangle near the sign is not being plowed property.  The Engineer stated he would contact MnDOT regarding the matter.  

Council thanked the Engineer for his report.

c.   CITY FORESTER: Forester Nayes reported that he issued two (2) burning permits in February. He stated he was conducting research with other cities and discussing options with the City Attorney regarding penalties for burning without a permit and how to manage the violations.

The Forester stated the Arbor Day Green Fair plans are process and that the event would be held on Saturday morning, May 3, 2014 at his residence.  He explained that attendees would be able to view ongoing projects at his home including reforestation, rain gardens, shoreline restoration and pollinator habitat development.  He noted that there would be baby trees for sale, recycling information available and that he would have discussions regarding tree topics with attendees.

Forester Nayes stated that he wished to provide information in the City newsletter and at the Arbor Day Green Fair activities to encourage volunteers to step up to serve on two focused committees he wished to establish with Council authorization; the two committees would be a Living Firewise Committee and a Parks and Public Lands Committee. He explained that the committees could do research on these issues and compile guidelines for residents to review. He noted that the committees would be focused on these two issues and would serve Ad Hoc. He commented that forming the volunteer committees would place the City in a planning mode versus a reactive mode.

The Forester explained that there was no significant tree breakage onto City streets, however, some branches required gentle un-weighting so they did not impair traffic sight lines. He stated pruning would be done when weather permits.   

Councilmember Wahlstrom stated that she walks in the parks and has noticed that most of the trees planted are small; she asked if larger trees could be planted for Arbor Day.

The Forester explained that lots of smaller trees are planted in the parks versus larger trees that are normally planted on residential property. He advised that he could purchase more substantial trees than the “whips’ currently used for planting and indicated that this could be an item for the Parks and Public Lands Committee to review. He preferred that the committee make a recommendation on what should be planted in the City parks.

Councilmember DeCourcy pointed out that several large pine trees along Highway 110 and Mendota Road appear to be dying and she asked if the City could plant some larger trees in that area to serve as a noise buffer for highway traffic.

Forester Nayes explained that he is unsure if that area is private property or MnDOT right-of-way; he commented that if the area belongs to MnDOT they may not allow the City to plant anything and either way the City would have to get permission prior to planting in that area.

Councilmember Wahlstrom asked how this could move forward.  The Forester stated he would talk to the neighboring property owner and review ownership of the property.  He pointed out that pine trees are very susceptible to road salt and that is most likely why they are dying; he suggested other plantings may be more suitable.

The Forester asked if Council would authorize him to pursue establishing the two Ad Hoc committees so that he could begin recruitment at the Arbor Day event.

Councilmember Wahlstrom moved to authorize the City Forester to recruit volunteers to serve on two Ad Hoc Committees, the Living Firewise Committee and the Parks and Public Lands Committee, seconded by Councilmember Hovey and carried. (5-0)

Council thanked the Forester for his report.

d.   PUBLIC SAFETY: Chief Shaver reviewed his report dated February 27, 2014 and stated there were five (5) false alarms.  He provided a summary of the calls for service listed in his report.

Council thanked the Chief for his report.

8.   NEW/OTHER BUSINESS: e. Consider Resolution Accepting Election Assistance for Individuals with Disabilities (EAID) Grant Funds from the State of Minnesota Office of the Secretary of State: Clerk Iago explained that the City had been awarded grant monies from the State of Minnesota for the installation of automatic door openers at St. Anne’s Church for polling location accessibility for individuals with disabilities. She explained that the State requires the City enter into a contract that governs the receipt, expenditure, reimbursement and reporting of the grant funds. She referred to the resolution prepared by the City Attorney that approves the grant contract between the City and the State. She further advised that the City Attorney had prepared an agreement with the Church of St. Anne’s relating to the project and the schedule for payment to the contractor that will be presented to Council for their review at the next regular meeting. She advised that the City Treasurer was contacted and agreed that there are City funds available to pay the contractor for the work, if necessary, prior to receiving the grant monies from the State.  She offered to respond to questions.
Council commended the Clerk on securing the grant funds for the project.

Councilmember Bulach  moved to adopt Resolution No. 14-13 titled,  RESOLUTION ACCEPTING ELECTION ASSISTANCE FOR INDIVIDUALS WITH DISABILITIES (EAID) GRANT FUNDS FROM THE STATE OF MINNESOTA OFFICE OF THE SECRETARY OF STATE, seconded by Councilmember Wahlstrom  and carried. (5-0)

f.    Consider Rescheduling the Starting Time for the Regular Council Meeting of May 6, 2014 from 7:00 p.m. to 8:00 p.m. due to Independent School District #197 Special Election: Clerk Iago explained that she was unaware of the fact that the School District planned to schedule an election when the meeting calendar was adopted last December. She noted that no public meetings can be held until after 8:00 p.m. on an Election Day and asked Council to reschedule the starting time for the May meeting or determine another date for holding the meeting.

Councilmember Wahlstrom moved to reschedule the starting time for the Regular Council Meeting of May 6, 2014 from 7:00 p.m. to 8:00 p.m. due to Independent School District #197 Special Election, seconded by Councilmember DeCourcy and carried. (5-0)

g.   New/Other Business: Mayor Park explained that she wished to discuss the Noise Oversight Committee (NOC) and the proposed R-NAV issues. She stated that the Metropolitan Airports Commission (MAC) determined that the R-NAV program would not be instituted this fall as originally planned due to a safety study that showed the program would not be safe for departures; she explained that the program may be set-up for arrivals.  She explained there is a meeting scheduled for Thursday this week for discussion of what the NOC will ask the FAA to do prior to presenting the program in the future. She stated that she will be out-of-town and that Councilmember DeCourcy had agreed to attend this meeting on her behalf with citizen representative Mike McDonald.

The Mayor referred to a memo from the City of Richfield relating to the fact that the City of Minneapolis had proposed a bill to the legislators requested the NOC be disbanded and restructured based on city population. She explained that members of the NOC would be testifying against the House and Senate bills proposed.

Mayor Park explained that she wished to schedule a meeting with Council and Representative Aitkins and Senator Metzen to discuss this issue along with other issues facing Sunfish Lake, such as water quality and taxes. She stated she would contact both parties to secure possibly dates for this meeting in May and asked Council to authorize her to schedule the meeting.

Council concurred to authorize the Mayor to discuss possible dates for a meeting with Representative Aitkins and Senator Metzen.        

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

9.   ADJOURN: Councilmember Bulach moved for adjournment at 8:50 p.m., seconded by Councilmember Wahlstrom and carried.  (5-0)

___________________________                                          ___________________________

Molly Park, Mayor                                                                   Catherine Iago, City Clerk