SUNFISH LAKE CITY COUNCIL MEETING – JUNE 5, 2012

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

Attendants:

Mayor:  Richard Williams

Councilmembers: Roger Conant and Mike Hovey.

City Attorney:  Tim Kuntz

City Engineer:  Don Sterna

City Treasurer:  Mike Blair
Building Inspector: David Neameyer
City Forester: Jim Nayes
Police Chief:  Manila Shaver and Investigator Matt Muellner
City Clerk:  Cathy Iago
and Members of the General Public.

Councilmember Judy MacManus and City Planner Alan Brixius were absent.
Councilmember Paul Burke submitted his resignation from Council on May 30, 2012

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 Conant moved approval of the Agenda, seconded by Councilmember Hovey and carried. (3-0)

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

Councilmember Conant asked that the following correction be made to the May 1, 2012 meeting minutes:

Page 4, paragraph 9; He stated that the minutes reflect that the engineer, Mr. Voll responded “yes” to the question of whether or not the administrative costs were included in the project costs. He recalled that the response was “no”, which was the point of the subsequent discussion.  Mayor Williams concurred.

Clerk Iago stated she would make the correction as requested.

Councilmember Conant referred to an item in the List of Bills and asked the City Engineer to explain what items are included in the 2012 Asset Management Update. 

Engineer Sterna explained that the City assets include streets, culverts and street signs. He stated that a few months ago he discussed with Council the review of pavement, culverts and street signs; he noted this is done every few years by the engineer and is a budgeted item.

Councilmember Conant asked if Council would be provided information on the assets. Engineer Sterna responded yes and advised that he would be distributing the Capital Improvement Plan later this evening for council review and discussion at the July meeting.

Councilmember Conant asked if the three certificates of deposit, savings and checking accounts are all FDIC insured and the Treasurer responded yes.

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

Councilmember Conant moved approval of the Consent Agenda with the correction to the May 1, 2012 Council Meeting minutes as requested, seconded by Councilmember Hovey and carried. (3-0)

a. Regular Council Meeting Minutes of May 1, 2012 as amended.

b. List of Bills

c. Monthly Financials

Mayor Williams asked that Council consider Item 8.c.1)   Resignation of Councilmember Paul Burke; 2)   Resolution Accepting Resignation of Councilmember Burke and Declaring a Vacancy: 3)   Resolution Appointing Person to Fill Councilmember Vacancy; and 4)   Resolution Calling for a Special Election at this time. He advised that former Councilmember Paul Burke had submitted his resignation from Council due to the fact that he moved out of the City and residency is a requirement to serve as an elected official.

Paul Burke was present and explained that he received an offer to sell his home that he could not refuse. He stated that he had enjoyed working with the Council and expressed his hope that he had made a positive contribution to the residents while serving as a member of the Council.

Mayor Williams stated that in his opinion Mr. Burke brought a wonderful skill set to Council and that he personally will miss him. He noted that through his diligence the City had adopted a new financial reporting system that is working quite well. Councilmembers Hovey and Conant concurred with the Mayor’s comments.

Councilmember Hovey moved to accept the resignation of Councilmember Paul Burke and to adopt Resolution No. 12-06 titled, RESOLUTION ACCEPTING RESIGNATION OF COUNCILMEMBER PAUL BURKE AND DECLARING A VACANCY, seconded by Councilmember Conant and carried. (3-0)

Attorney Kuntz explained that because there are more than two years remaining of former Councilmember Burke’s term of office and the vacancy occurs before the first day to file as a candidate for the next regular City election, the City must hold a special election to fill the council vacancy and the person elected will serve out the remainder of the unexpired term. He advised that Council must also appoint a person to hold the vacant position until voters elect a candidate to serve in that position at the special election. He explained that Council should adopt two resolutions, 1) appointing a person to fill the vacancy, and, 2) calling for a special election. He stated that the special election would be held in November at the General Election and that the appointment would remain in effect until the winner of the election is declared.

Mayor Williams advised that he contacted JoAnne Wahlstrom, since she was person who received the next highest vote tally after Mr. Burke at the last election, to determine if she was interested in filling the vacancy. He stated that Joanne expressed an interest in filling the vacancy until the special election and he recommended her appointment to fill the unexpired term of former councilmember Burke.

Mayor Williams moved to recommend the appointment of JoAnne Wahlstrom and to adopt Resolution No. 12-07 titled, RESOLUTION APPOINTING PERSON TO FILL COUNCILMEMBER VACANCY, seconded by Councilmember Hovey and carried. (3-0)    

Councilmember Conant moved to adopt Resolution No. 12-08 titled, RESOLUTION CALLING FOR A SPECIAL ELECTION, seconded by Mayor Williams and carried. (3-0)

The Mayor and Council welcomed Councilmember Wahlstrom.

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

Eberhard Bulach, 3 Salem Lane, was present and stated he is a 16-year resident of the City. He noted that during heavy rainfalls substantial shoulder washout occurs on Salem Church Road from Windy Hill Road to South Robert Street. He stated he has raised this issue many times and asked what the City proposes to fix the problem.

Mayor Williams advised that the City Engineer reviewed the road and will discuss it during the engineering report.

Lynette Olson noted that there was a request for a moment of silence for the passing of Jane Woods on the agenda.

Mayor Williams asked those present to observe a moment of silence for Jane Woods.

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

5.   PUBLIC HEARING: None.     

6.   PLANNING COMMISSION/PLANNER’S REPORT: a.   Planning Report:  Mayor Williams explained that the Planner was absent this evening due to a conflict with another meeting. He referred to the Planner’s report dated May 31, 2012 and stated that an application could be reviewed at the June planning meeting for property at 2144 Charlton Road. He noted that the home is a legally non-conforming structure as it does not meet the required 200 ft. setback from the lake’s ordinary high water level. He explained that the applicant proposes to tear down the sunroom structure and replace it. He stated the replacement structure will follow the current setback from the lake. He asked the City Attorney if the structure would be “grand-fathered” in and the Attorney responded yes.

The Mayor advised that there were two development inquiries; the first inquiry was to request information relating to installation of a swimming pool and accessory buildings at 2400 Delaware, and the second about keeping chickens at a different property.

Councilmember Conant recalled that the issue of keeping chickens had been previously discussed by Council and that this is allowed.

Mayor Williams agreed and commented that he does not recall the details of the previous request and whether or not a Conditional Use Permit is required.

The Mayor advised that the May planning meeting was cancelled due to lack of development applications and that there will be a public hearing at the June 20, 2012 meeting to consider the development application for 2144 Charlton Road.

7.   INSPECTOR’S REPORTS:

a.     Building Inspector: Building Inspector David Neameyer informed Council that there were no new building permits issued and that one permit was closed.

Councilmember Conant asked if the volume of property renovations would be increasing. Inspector Neameyer explained that building activity has been slow compared to last year. He explained that several applications were back-logged last year due to the proposed changes in the variance laws; therefore, it appeared as if more applications were submitted.

Council thanked the Building Inspector for his report.  

b. City Engineer: Engineer Sterna reviewed his report dated June 3, 2012.

Crack Seal Quotes: Engineer Sterna advised that at the May meeting, Council had inquired about the project costs, including engineering costs, before the project is awarded. He advised the WSB incurred $1,750 in costs to prepare the specifications and administer the quotes. He stated that the firm anticipates another $1,000 would be incurred to manage the contract, inspect and document the work performed in the field, for a total cost of $2,750.

The Engineer advised that he is requesting the ability to increase the quantity of the project, since the bids were reasonable, but not to exceed a total construction contract value of $17,500.  Therefore, the total project costs would be $20,250 or $5,750 under the budgeted amount. He stated that the company has performed similar work in the metro area and has a good reputation. He noted that the quote is valid for 45 days from the date of the bid opening and that if no action is taken this evening to award the bid, Council would have to re-bid the project.

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

Councilmember Conant moved to award the contract for the crack-sealing project to Precision Incorporated as the   as the lowest responsible bidder and authorize the City Engineer to expand the quantity of the project in an amount not to exceed $17,500, seconded by Councilmember Hovey and carried. (4-0)   

The Engineer explained that the project includes covering the cracks that are sealed with a material similar to toilet paper and that the material will disintegrate after time.

Councilmember Hovey asked if the product is biodegradable and the Engineer responded yes.

Charlton Road Ditch and Culvert Repairs: Engineer Sterna advised that Charlton Road was re-graded in April; however, due to heavy rains in May, several areas experienced erosion which carried material into the adjacent ditches. He explained that after several years of similar erosion, several culverts along the road are now either completely plugged or close to plugged. He advised that he received a quote from Pine Bend Paving to clean the sediment from several of the ditches for a cost not to exceed $1,950 and to jet out 3 culverts for a cost of $850. If additional driveway culverts are to be cleaned, it would cost an additional $250 per culvert. He explained there are nine (9) culverts that should be cleaned and only three (3) of the nine are within City right-of-way; the remaining six culverts are under private driveways not within dedicated right-of-way.  He advised that to do property maintenance on all the culverts, the city would have to request easements on the six properties without dedicated right-of-way. He further noted that of the six private culverts, three require repair to the end sections, which most likely would require replacement of the metal aprons; the repair costs could range from $250 to $500 per culvert.  He noted that a 15” culvert is the minimum utilized at this time.

The Engineer explained that there are three options available for consideration by Council; 1) do nothing and notify the affected residents of their responsibility to clean the culverts on their property; 2) notify the affected residents of the problem and advise the City would clean and repair the culverts with costs billed to them; and 3) clean the culverts at an estimated cost not to exceed $1,750 with City funds and not repair the culvert end sections.  The Engineer pointed out that it may be more costly for residents to pursue hiring a company to clean their culverts on an individual basis and it may be less expensive for the City to contract with one company and then bill the residents for the work. He indicated that because the run-off comes from a City street, Council could undertake the culvert cleaning as part of the road maintenance program and require individual residents to be responsible for the repairs to the driveway sections.

Mayor Williams commented that the new septic ordinance requires residents to pump their systems and if they are not pumped within the required time-frame, the City will pump the system and bill the resident. He asked the City Attorney if it would be possible to include similar language in the ordinances to require residents to clean culverts and if they do not do so, the City would clean them and bill the resident.

Attorney Kuntz agreed that an ordinance could be created under “nuisances” with a condition that allows the City to abate the nuisance; he advised that it would be time consuming to enforce because Council would have to conduct a public hearing prior to undertaking the cleaning.

Councilmember Conant commented that the situation appears to be desperate and unless all the culverts are cleaned, the problem will not be resolved. He agreed that the run-off from the City road creates the problem.

Engineer Sterna pointed out that in the past when there was discussion of improvements to Charlton Road, Council had a good amount of discussion regarding the lack of easements and how to obtain right-of-way along several of the properties.

Councilmember Conant questioned if the Attorney would recommend the City undertaking the clean-up versus enacting an ordinance.

Attorney Kuntz responded that was not making a recommendation, but merely pointing out the fact that there are several steps in the process and costs associated with enacting an ordinance.

Councilmember Hovey asked if it would be more cost-effective for the City to just undertake the clean-up versus enacting the ordinance.   

Attorney Kuntz pointed out that the Engineer was referring to obtaining easements as part of the longer range plan for maintenance of the roadway.

Councilmember Conant asked if the City needs permission to clean the private culverts. Attorney Kuntz responded yes.       
Mayor Williams commented that not having easements creates major maintenance issues along Charlton Road.

Engineer Sterna agreed that it would be preferable to have permanent easements, rather than temporary easements for maintenance purposes. He asked if tax credit would be available for residents granting easements.

The City Attorney responded that tax credit would not be available.

The Engineer explained that the culvert clean-up has not been done on a regular basis over the last 17 years. He advised that obtaining the right of entry easement from residents for the City to undertake maintenance would be the most cost effective method at this time.

Councilmember Hovey asked if the right of entry easement would be only for maintenance of the culverts and if the engineer foresees any problems in obtaining the easements for maintenance purposes only.  

Engineer Sterna stated that he would recommend the City only obtain easements for maintenance of the culverts, which he does not foresee any problems in obtaining.  He further stated that he would notify the residents of any driveway or other repairs that are required on their property and they would be responsible for those repairs.

Councilmember Conant asked if the City can require property owners to fix their culverts. Attorney Kuntz explained it would be voluntary, however, the City could advise them that their property will flood if the culverts are not maintained.

Councilmember Hovey asked if the City could offer to repair the driveway portions and then bill the residents.

Attorney Kuntz explained it would be preferable to only advise the residents of the required repairs and let the property owners make arrangements to have them done; he commented that the property owners may dispute the work that was done by the City and that could create additional problems.

Engineer Sterna recommended that at this time Council authorize that he seek right-of-entry permission for the culvert clean-up on private property, undertake the culvert clean-up on City and private culverts, and notify residents of additional repairs that are required on private property. He commented that the remaining issues related to easement acquisition could be discussed at a future meeting. 

Councilmember Conant questioned the total cost for the project and the administrative costs.

Engineer Sterna explained that the total cost would not exceed $3,700 and that the administrative costs would be minimal, approximately one hour of engineering time.

Councilmember Conant moved to award the bid for culvert cleaning to Pine Bend Paving and authorize the City Engineer to seek right-of-entry permission for the private properties to undertake only the cleaning of culverts and ditches along Charlton Road at an estimated cost not to exceed $1,750, and to notify the private property owners of additional repairs as necessary, seconded by Councilmember Hovey and carried. (4-0)

Salem Church Road Shoulder Repair: The Engineer advised that over the past month, the shoulder on the east end of Salem Church Road, on the west side, experienced additional erosion. He explained that the best fix would be to install curb and gutter at this location and advised that a few years ago bituminous millings were installed in the area. He pointed out that the bituminous millings have not abated the issue.  He indicated that he wished to add some additional bituminous millings, and re-grade and compact the shoulder in this area. He anticipated the cost would not exceed $750 and the funds would come from the 2012 Street Maintenance budget. He noted that this would not be a permanent solution to the problem, however; the installation of a permanent concrete edge would cost approximately $15 per foot.

The Engineer offered to meet with Mr. Bulach to obtain his input and discuss options to correct the problem. He suggested that a swale may also correct the problem, however; a concrete swale would also be expensive. 

Councilmember Hovey asked if placing larger rock or rip-rap would help. Engineer Sterna advised that residents utilize the road for walking and larger rock or rip-rap would be dangerous for walkers.

Mayor Williams commented that Mr. Bulach may have some ideas or solutions.

Councilmember Conant commented that the roadway was built by the State and turned over to the City; he asked if the City has any recourse against the State for the road design. Mayor Williams responded no.

Engineer Sterna stated he would meet with Mr. Bulach and report any additional solution at a future Council meeting.

Councilmember Conant moved to authorize the expenditure not to exceed $750 for repair of the shoulder along Salem Church Road as recommended by the City Engineer, seconded by Councilmember Wahlstrom and carried. (4-0)

Street Pavement Repair: Engineer Sterna explained there is a short segment of pavement along Salem Church Road; just east of Windy Hill Road, along with several other small patches that he wished to repair prior to the crack-sealing project. He requested Council authorize up to $1,500 for spot pavement repairs in June; the funding would come from the 2012 Street Maintenance budget.

Councilmember Wahlstrom moved to authorize spot pavement repairs as recommended by the City Engineer in an amount not to exceed $1,500, seconded by Councilmember Hovey and carried. (4-0)

Sunfish Lake Water Quality Follow-Up:    Engineer Sterna referred to documentation he provided with his report describing Alum and Copper Sulfate chemicals and how they are used in treating water quality.

Mayor Williams commented that he heard on public radio that iron fillings are used in lakes and will bond with phosphorous. The Engineer stated that he also heard of this method and he indicated that the Minnesota Pollution Control Agency (MPCA) may be using this method.

Mayor Williams asked if there was any data available from the MPCA. Engineer Sterna stated he would attempt to find data for Council.

Councilmember Conant commented that the homeowner’s lake association may be willing to pay for additional information on this subject.

Angell Road Culvert Easements: The Engineer stated that three (3) signed drainage easements were forwarded to the City Attorney’s office for filing with Dakota County.   

2012 CAMP Program Contact:  Engineer Sterna stated he received the 2012 CAMP program contract and asked for Council approval and signature. He explained that costs range from $1,200 to $1,650 depending on the number of actual samples supplied to MPCA.  

Council concurred to approve the contract and authorized the Mayor to sign the document.

Public Works Activities Undertaken in the Month of May: Pavement, Culvert and Sign Evaluation: The Engineer stated that the evaluation of the pavement condition, drainage culvert inspections and City street signs condition was completed and this information will be used to establish a maintenance program. He stated that in June he will finalize the draft of the Infrastructure Assessment Report for Council review prior to the July meeting. He noted that the report and recommendations will guide the preparation of the 2012 Capital Improvement Program (CIP).

Anticipated Engineer/Public Works Activities’ for the Month of June: CIP Update: Engineer Sterna provided Council and staff copies of the revised draft of the CIP. He explained that the document would be presented for discussion at the July meeting   


Councilmember Conant asked if the document included the updated road assessment. Engineer Sterna responded yes and advised that the document was the driving force for the culvert improvements and would be updated to include the condition of the culverts if the cleaning has been completed along Charlton Road. He advised that the document includes color coding with scores for the types of projects.

Acorn Drive Bituminous Repair by Xcel Energy:  The Engineer stated he will contact Xcel Energy to notify them that the pavement repair on Acorn Drive is not acceptable and that they need to remove and re-patch the street.      

Council thanked the Engineer for his report.

c. CITY FORESTER: Forester Nayes stated he issued six (6) burning permits in May. He stated that the Arbor Day event was well attended and many favorable comments were received regarding the larger bare root trees available.

The Forester advised that Kate Johnson provided a tour of her recently planted trees and noted that tree tubes were used to encourage upright growth and protect the trees from rabbits and deer. He stated that he responded to questions regarding reforesting in the wake of the buckthorn and honeysuckle management, Dutch elm disease, oak wilt and emerald ash borer; this information has also been posted on the City website.

Forester Nayes advised he completed mowing trails in Musser and Harmon parks and sprayed for poison ivy in Musser Park. He stated that the trees planted in Musser Park last fall during the Tree Trust planting event are all doing well.

The Forester stated that Rough Cutt will be mowing the City roadsides next week. He advised that there is no new information to report regarding emerald ash borer.

Forester Nayes reported that oak wilt has been found and three samples were collected in the City and delivered to the U of M plant disease diagnostic center for confirmation. He also advised that he noticed white pine rust infections and has discussed this with residents. He explained the disease is very easy to control in its early phases but can be lethal for individual white pines if not dealt with early.

Councilmember Wahlstrom asked if information on the white pine infection has been placed on the City website. The Forester responded no, but offered to provide information for the website. He explained that when the property owner spots reddish needles, they should cut the branches and the disease should be removed as soon as the needles are cut.

Councilmember Hovey asked how to dispose of the branches. The Forester advised that residents could burn the branches in a campfire.

The Forester further recommended that residents check their property for containers that may hold stagnant water as they could become breeding sites for mosquitoes; he also reminded residents that this is wood tick season and pets and people should be checked regularly for ticks.

Councilmember Conant asked if standing water in culverts along Charlton Road would be breeding grounds for mosquitoes. The Forester stated that if the water is gone within a couple of days it would not pose a problem.         

Council thanked the Forester for his report.

d. PUBLIC SAFETY: Chief Shaver reviewed his report dated May 24, 2012. He explained that in response to an article in the City newsletter, he had received a call from a resident regarding parking issues for a graduation event.

Council thanked the Chief for his report.

The Chief reported that Officer Muellner had recently been promoted to Investigator and he is present to discuss the 2012 Deer Hunt.

Investigator Mueller explained that he has attempted to make suggestions to Council that would enhance the annual deer hunt and to achieve the ultimate goal of removing the deer to obtain a manageable number. He noted that the current number of 60 deer is extremely high for such a concentrated area. He noted that last year Council authorized the removal of antlered deer on certain weekends and in his opinion this was a move forward. He indicated that two additional conditions would also help to make the program better; 1) allow hunting on more property within the City to accommodate more hunters; and, 2) allow more time for hunting to accommodate ideal weather/hunting conditions.

Investigator Muellner explained that last year there was discussion to request that residents contact him to report areas of land within the City that provide a habitat for the deer. He recommended that he be authorized to more aggressively seek permission to hunt on properties where deer naturally migrate to and also that a longer period of time be provided to accommodate hunting by the Metro Bow Hunters Association and residents who meet qualifications.

Mayor Williams asked which of the two suggestions would produce removal of more deer. Investigator Muellner indicated that in his opinion it would be worthwhile to extend the boundaries of hunting land to increase removal; he suggested that he could contact property owners where deer congregate to request permission to hunt and if they refuse, he would look elsewhere. He commented that most property owners would not seek him out to request hunting on their land. 

The Mayor recalled the ordinance requires hunting be conducted on a 10-acre parcel or contiguous parcels totaling 10-acres; he indicated that it may be difficult to get permission from adjacent property owners when compiling the parcels.

Attorney Kuntz provided background information on the previous ordinance requiring the 10-acre parcel and the current ordinance; he noted that there have been three changes to the ordinance over the last three years and that due to the changes, some confusion has arisen. He pointed out that the first change to the ordinance was to request the DNR to allow a special hunt in the off-season; the second change was to authorize a City organized hunt by the Metro Bow Hunters Assoc., and the third change was to amend the ordinance to allow a City sponsored hunting event on public or private property that does not adhere to the same regulations as the original ordinance.

The Attorney advised that Council has the option to formulate a plan for conducting the deer hunt as a “City sponsored deer management program” that would not have to follow the ordinance regulations and that Council could set restrictions as they deem appropriate for this event.

Attorney Kuntz suggested that four elements could be included for a City sponsored hunt event:

1) Establish dates for hunting and identify weekends where hunting is not permitted; 
2) Identify who may hunt; enter a contract with Metro Bowhunters Association that lists regulations for their hunt
and also list residents who are members of the Association or who meet the qualifications of the Association;
3) Identify City owned land where hunting may occur; and
4) Identify private land approved by Investigator Mueller and the Mayor where permission has been granted by the
landowner.

The Attorney indicated that Council could appoint the Mayor and Investigator Muellner as liaisons for the hunt and request they prepare documentation for the City sponsored event for Council review and approval at a future meeting.

He explained that if Council wishes to aggressively pursue lowering the deer count, hunting on private land may help accomplish this goal. He noted that the liaisons have reported that people do not respond to requests to contact the City and that it would be worthwhile for Investigator Muellner to pursue permission on lands where deer congregate. He further noted that Council would also have to consider removal of antlered vs. antler-less deer and may set time periods for removal of each.

Mayor Williams agreed that it makes more sense to craft a City sponsored event program and asked if it would be possible to identify areas where deer tend to migrate.  Investigator Muellner responded that he and Forester Nayes should be able to identify property within the City that are more likely to house the deer and that they could seek permission from the property owners for hunting in these areas.

There was discussion relating to coordinating weekends for the Bowhunters Association hunt and the residents hunt. The Mayor noted that both would have to keep Investigator Muellner advised of the number of deer taken during the specified hunting times and disposal methods.
The Mayor commented that it appears to be the same program approved last year with only the change being the extension of land for hunting purposes; he stated it is still structured and would keep residents informed of when the hunting occurs. He pointed out that because it would be a City sponsored event, the ordinance regulations relating to properties less than 10-acres is not an issue. 
Forester Nayes agreed that he and any interested residents could meet with Investigator Muellner to formulate the plan, identify areas where deer congregate and draft documentation for Council review at a future meeting.

Chief Shaver pointed out that the Bow Hunters Association has insurance and indicated that property owners wishing to hunt may have to get separate permission on private lands.

Investigator Muellner commented that the residents authorized to hunt must have the same qualifications as the Metro Bow Hunters Association.

Attorney Kuntz explained that the permission would be given to the City for the hunt because it is a City sponsored event and not to individual residents. He further advised that the City’s insurance would cover these individuals acting as volunteers on behalf of the City.

Council concurred to authorize Investigator Muellner to draft the 2012 Deer Management Program as a City sponsored event, to pursue permission for hunting on private land as identified for deer habitation and to draft documentation for presentation at the next Council meeting.  

Council thanked Investigator Muellner for his attendance and input.

8.   NEW/OTHER BUSINESS: The Mayor advised that Items 8.a, 8.c. and 8.d. have been discussed. He referred Council to consider Items 8.b.1, 2, and 3.

Attorney Kuntz explained that State Statutes authorize Dakota County to name county roads in Dakota County and the City of Sunfish Lake to name city roads and assign address located within the City of Sunfish Lake. He stated that the City and County wish to maintain a common GIS database of addresses and road names for their mutual benefit for emergency dispatch and other purposes. He advised that the Joint Powers Agreement sets forth the respective roles and responsibilities for both entities and states terms and conditions for this purpose.

The Attorney explained that the Joint Powers Agreement (JPA) requests the City designate an appropriate staff person to have the primary responsibility for assigning road names and addresses on behalf of the City. He recommended that Engineer Don Sterna be identified in the JPA as the person responsible for the road naming and addressing authority.     

Councilmember Conant asked if the City retains the final authority for naming streets. The Attorney responded yes.

Councilmember Hovey asked how issues are resolved. Attorney Kuntz explained that the City Engineer would serve as the City representative on a committee and would be responsible for seeking Council input to resolve any issues.

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

Mayor Williams moved and Councilmember Wahlstrom seconded, to adopt the following:

Resolution No. 12-09 titled, RESOLUTION APPROVING JOINT POWERS AGREEMENT WITH DAKOTA COUNTY FOR MAINTENANCE OF GIS DATABASE CONTAINING ROAD NAMES AND ADDRESSES.

Resolution No. 12-10 titled, RESOLUTION NAMING DON STERNA OF WSB & ASSOCIATES THE ROAD NAMING AND ADDRESSING AUTHORITY FOR THE CITY OF SUNFISH LAKE.

Motion carried. (4-0)



Attorney Kuntz explained that the proposed ordinance amendment clarifies that the City is exercising its power to name all City streets, other than those over which the County has jurisdiction. He advised that the amendment makes clear that the Council is the entity that has the final authority over the names and addresses. He noted that the proposed ordinance amendment also ratifies the names of the streets and addresses that already exist. He stated that the engineer’s office is preparing a map that shows the street names and addresses.  He recommended that Council adopt the proposed ordinance amendment as presented.

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

Councilmember Hovey moved to adopt Ordinance No. 2012-03 titled, ORDINANCE AMENDING SECTION 1306.02(C)(1) AND SECTION 1307.07(Q) OF THE SUNFISH LAKE SUBDIVISION ORDINANCE RELATING TO CITY AND COUNTY STREET IDENTIFICATION AND DESIGNATION, seconded by Councilmember Conant and carried. (4-0)

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

9.   ADJOURN: Councilmember Conant moved for adjournment at 8:40 p.m., seconded by Mayor Williams and carried.  (4-0)

___________________________                                                ___________________________

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