SUNFISH LAKE CITY COUNCIL MEETING – DECEMBER 6 , 2016

SUNFISH LAKE CITY COUNCIL MEETING – DECEMBER 6, 2016

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

Attendants:


Mayor: Molly Park

Councilmembers: Mike Hovey, Steven Bulach and Richard Williams

City Attorney: Tim Kuntz

City Planner: Ryan Grittman

Engineer: Don Sterna

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 JoAnne Wahlstrom was absent

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

2. APPROVE AGENDA: Mayor Park asked if there were any additions or corrections to the agenda. She explained that after the public hearing she wished to commend Eagle Scout candidate Alden Prueher for his park project and Junior Reporter Maddie Schlehuber for her work on the City newsletter.

Treasurer Lanoue requested an item be added as 7e.Treasurer’s Request, as follows: Authorization to purchase CTAS Software from the State Auditor’s Office at a cost of $300.

Councilmember Williams asked that a presentation be added to the agenda under item 8.j. Other/New Business.

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

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

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

a. Regular Council Meeting Minutes of November 1 and Special Canvass Meeting Minutes of November 15, 2016

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: a. Public Hearing to Consider Budget and Tax Levy for the Year 2017: Mayor Park opened the public hearing at 7:10 p.m. for the purpose of reviewing and receiving comments relating to the proposed 2017 Budget and Tax Levy for the City of Sunfish Lake. She asked the Treasurer to review the proposed budget and tax levy for those present.

Treasurer Lanoue stated that the City annually conducts a truth in Taxation Hearing to review the proposed City Budget and Tax Levy for the upcoming year for residents and to receive their comments. She distributed a handout with the proposed budget and tax levy information. She explained that the information also contains budget information for School District 197, Dakota County and special taxing districts; she noted that the City would not discuss that information this evening and that interested residents could contact those entities with questions. She explained that Dakota County sets the property valuations for the City.

The Treasurer explained that the tax capacity rate for the City taxes are .26178 or 32.4% of the tax dollar. She advised that the School District, County and Special Districts make up the remaining tax dollar collected. She advised that the General Tax Levy proposed for 2017 was $472,236 which is a 2.43% increase from 2016 and the Bond Levy amount would be $41,817. She advised that Dakota County issued the property tax valuations and the valuations increased the taxable market value by 6.7%. She stated the total amount for 2017 which includes the General Tax Levy and the Bond Levy would be $514,063.

Treasurer Lanoue stated that the Council conducted a special meeting in August to discuss the budget requests from the staff consultants and review information from Dakota County on the tax capacity rates. She explained that the Council must adopt the preliminary budget and certify it to Dakota County in September. She noted that the proposed budget amount could be decreased prior to final adoption but could not be increased.

The Treasurer explained that the major increase in the levy amount was based on the proposed Comprehensive Plan update, the increase in rental for use of the church, funds to build reserves for capital improvement projects, and the fact that the cost of Fire protection increased 11% and Police protection increased 2.5%. She noted that the costs for these services remain very reasonable and are much less expensive that the City having full time police and fire personnel. She further advised that the Comprehensive Plan update is estimated to cost $25,000.

Mayor Park noted that all cities are required to update their Comprehensive Plan every 10 years.

Treasurer Lanoue stated that the overall budget documents are similar to prior years and that Council would be requested to adopt the 2017 Budget and Tax Levy later on the agenda in order to certify the documentation to Dakota County in December. She advised that the information is also filed with the Minnesota Department of Revenue and State Auditor. She advised that Council would adopt the final 2017 Budget and Tax Levy later this evening. She offered to respond to questions.

Mayor Park thanked the Treasurer for her presentation and opened the public hearing for any comments from the floor.

Chief Shaver asked if residents would be asked to pay any costs of the road improvements scheduled for Highway 110 as they are sometimes assessed for County projects that affect their properties.

Engineer Sterna advised that the State does not assess residents for highway improvements as the costs are paid from gasoline tax collected by the State and that normally the County does not assess adjacent properties as the costs are paid from taxes collected.

Treasurer Lanoue commented that there are times when cities may be asked to make a financial contribution to County road improvements that are located in their city.

The Mayor asked if there were any questions or comments from Council and, hearing none, closed the public hearing.

COMMENDATIONS: Mayor Park introduced Eagle Scout candidate Alden Prueher and asked that he review the project he undertook in Musser Park.

Alden Prueher explained that he began working on his Eagle Scout project in November of 2015 and received approval from the City to install birdhouses and benches in Musser Park in April 2016. He stated he bought the special materials to construct the birdhouses so that the birds would not be able to destroy the homes and the materials for the benches so that they would survive the elements. He explained that he cut the designs for the birdhouses and benches and worked with 11 to 14 other scouts and a few adults to construct them and install them in the park. He stated it was a fun and rewarding experience for all those involved and that the City for the opportunity to complete his project in his community.

Forester Nayes thanked the scouts for their work and noted that the group would continue to maintain the birdhouse to insure that no predatory birds inhabit them and that the benches were place in areas where they would be useful to persons in the park but would not affect adjacent properties. He commended the group for adding a lovely addition to the park.

Mayor Park thanked Forester Nayes for his contributions to coordinate the project. She noted that she found eight of the 13 birdhouse located in the park. She thanked Alden, the other scouts and the adults who assisted with the project.

Mayor Park introduced Maddie Schlehuber and her father Tom, who was a former member of the Planning Commission. She explained that Maddie was the Junior Reporter for the Sunfish Lake Quarterly Newsletter for the past 3 and a half years. She advised that Maddie approached the City to create the position of Junior Reporter when she was in 6th grade and would resign the position to begin her freshman year in high school.

Maddie stated that working with the newsletter was a fun opportunity and that she contributed recipes, crafts and articles that would interest children in the City. She thanked the City for the wonderful opportunity.

Mayor Park commended Maddie on her contributions to the newsletter and stated that she hoped another young resident would volunteer to become the new Junior Reporter for the City.


6. PLANNING COMMISSION/PLANNER’S REPORT: a. Planner’s Report: Planner Grittman referred to his report dated November 30, 2016 and explained that the November Planning Commission meeting was cancelled due to a lack of applications. He advised that staff continues to receive routine phone calls and emails regarding basic planning and zoning questions, however, no applications have been received to date. He referred to the proposed application scheduled for 2017 and stated that Council would be asked to adopt the schedule later this evening.

Council thanked the Planner for his report.

7. STAFF REPORTS: a. BUILDING INSPECTOR: Inspector Andrejka stated he issued six (6) and closed nine (9) permits in November. He explained that he expects to close more permits in the next few months and that he would make calls to review any outstanding permits.

The Inspector stated that he had discussed an issue with Council during his review relating to the unapproved installation of a monument sign at 27 Sunnyside Lane. He explained that they contractor on site had no plans available to show the location of an approved monument sign at this location, however, work had begun on the sign installation. He noted that he contacted the City Planner and Engineer to determine if the sign was part of the approved plan and was told by the Planner that it was not and that the property owner would have to apply for a Conditional Use Permit prior to any construction on the site. He stated that the contractor apologized for beginning the work without approval and the property owner determined that they would not install the monument sign at this time.

Inspector Andrejka expressed his frustration that this type of incident may occur due to the fact that staff is not located in the same building, which makes it difficult to communicate on such issues. He recommended that in the future he be sent electronic copies of all approved final plans so that he may review them on site with the contractor. He indicated that he would discuss updating procedures with staff in an effort to insure this type of incident does not occur in the future.

Mayor Park thanked the Inspector for his diligence to insure that construction follows the final approved plans and suggested that the new Council work with staff to adopt procedures to insure construction proceeds as approved.

There was discussion relating to post-construction reviews and setting up protocol to insure that all staff has access to the same information.

Council thanked the Inspector for his report.

b. CITY ENGINEER: Engineering Activities Undertaken in November: A. Sunfish Lake Outlet Update: Engineer Sterna advised that the outlet system on Charlton Road is in extremely poor condition and advised that the record rains this year contributed to the problem. He explained that he would request cleaning of the pipe in spring, as soon as the ice is out, and that he would request expending funds to clean the pipe in March, 2017 at a cost of approximately $1,700.

B. Charlton Road Cable Guardrail Repair: The Engineer advised that the cable guardrail on Charlton Road was damaged in October and that it has been repaired with two snow plow markers/reflectors added on each end.

Councilmember Bulach asked what the cost was to repair the cable and questioned if this had happened a couple of times previously this year.

Engineer Sterna explained the cost was approximately $1,700 and that the cables catch the car and stop it from causing damage to property in the area. He noted that the post replacement is more expensive and that the repairs had only been done every other year.

C. Charlton Road Feasibility Report: The Engineer advised that he would present the feasibility report at the January meeting for presentation to residents at an open house. He noted that the financing for the project would be challenging.

D. Snow Plowing for November: Engineer Sterna stated that only one snow/ice removal event occurred in November at a cost of $425. He explained that he discussed plowing procedures with the contractor’s staff.

Mayor Park commented that she observed two pickup trucks with plows working to remove snow.

The Engineer agreed and noted that the smaller equipment is easier to maneuver on City roads. He further advised that the contractor had used a sand/salt mixture this year whereas in the past the salt was not used since it is harder on the environment. He commented that after one bad incident last year he determined the use of salt maybe beneficial for icing events. He indicated that there are only two (2) smaller firms available that submitted bids for the contract.

E. Building and Site Reviews: None this month.

Public Works Activities Undertaken in the Month of December: A. Charlton Road Potential Improvements: The Engineer explained that he wished to conduct an Open House for residents to review the feasibility report during the second week in January; either Wednesday or Thursday that week.

Mayor Park suggested possible use of the Fire Station so that the City would not have to pay an additional cost for the church.

Clerk Iago advised that the third Wednesday of the month is the Planning Commission meeting date and the church would be open for use if there is no Planning meeting.

Engineer Sterna suggested January 18, 2017 from 6:00 to 8:00 p.m. at the church pending cancellation of the Planning meeting.

Planner Grittman agreed to contact the Engineer as soon as possible if no applications are received.


B. 2017 City Improvement Project: Engineer Sterna stated he would prepare final plans and request a public hearing be scheduled in February, 2017 to review the project.

C. Snow Plow Monitoring: The Engineer stated he would continue to monitor snow plowing in December and asked that residents contact him by cell phone if any unsafe conditions are found. He stated that Mayor Park would have the contact phone numbers for the City Engineer and his associate Erik Eckman.

Clerk Iago suggested that the phone numbers also be posted on the City website.

Anticipated Engineering and Public Works Activities for December: None.


Council thanked the Engineer for his report.

c. CITY FORESTER: Forester Nayes stated he issued two (2) burning permits in October and cleared debris once from the Sunfish Lake overflow pipe. He advised that he is unable to clear any debris as it had moved too far into the pipe at this time. He also cleared debris from the Horseshoe Lake outlet two times. He advised that Dakota County workers had punched a hole in the pipe at Horseshoe Lake while doing some work on their easement.

Mayor Park asked if Dakota County would pay for repair to the pipe.

Forester Nayes stated he had not discussed it with the County but he wanted it to go on record at this time.

The Forester stated he wished to submit the new application for Tree City USA status for the City and advised that last year was the 20th year the City had received the designation. He asked for authorization to have the Mayor sign the documentation.

Councilmember Williams moved to authorize the Mayor to sign the application for Sunfish Lake to receive the Tree City USA designation, seconded by Councilmember Hovey and carried. (4-0)

Council thanked the Forester for his report.

d. PUBLIC SAFETY: Chief Shaver reviewed his report dated December 2, 2016 and noted there was only one (1) false alarm this month. He advised that the City of West St. Paul was in the habit of billing the person responsible for damage to property or their insurance company when an accident occurs and suggested that Sunfish Lake may wish to bill the person responsible for damaging the guardrail on Charlton Road.

Engineer Sterna asked that the Chief send him a copy of the accident report that occurred on Charlton Road and he would submit a bill to the responsible party.

The Chief reported that a dead deer was found in the park and discussed an incident relating to possible deer “poaching” within the City. He explained that a resident heard gunshots near their home, called the police department and Sgt. Muellner investigated the incident. He recommended that it is important for residents to report such incidents immediately to assist with finding persons who may be attempting to hunt in the City without permission.

Mayor Park thanked the Police Department for their assistance in compiling an article for the City newsletter with helpful hints relating to protecting their homes during the holidays and while on vacation.

Council thanked the Chief for his report.

e. Treasurer Request to Purchase Financial Software from State Auditor: Treasurer Lanoue requested authorization to purchase a financial software package for small cities from the State Auditor’s Office in the amount of $300. She noted that to update the current software she uses would cost $500 and that the State software would provide her the opportunity to directly submit reports when they are required.

Councilmember Williams moved to authorize the Treasurer to purchase the CTAS Software from the Minnesota State Auditor’s Office in the amount of $300 to replace the current financial software now in use, seconded by Councilmember Bulach and carried. (4-0)

8. NEW/OTHER BUSINESS: a. Consider Resolution Adopting the Tax Levy for Collection in the Year 2017 and b. Consider Resolution Adopting the General Fund Operating Budget for 2017: Attorney Kuntz referred to his reported dated November 30, 2016 relating to the proposed 2017 Budget and Tax Levy as reviewed by the City Treasurer during the public hearing earlier this evening and as preliminarily adopted in September, 2016.

Mayor Park asked if there were any questions or comments and there was no response. She asked if the Tax Levy and Budget could be adopted with one motion.

Attorney Kuntz responded yes and noted that Council would be adopting two (2) resolutions under one motion and that the 2017 General Fund Operating Budget resolution should be adopted first.

Councilmember Bulach moved to adopt the following:

Resolution No. 16-27 titled, RESOUTION ADOPTING THE GENERAL FUND OPERATING BUDGET FOR 2017 in the amount of $569,743, and;

Resolution No. 16-28 titled, RESOLUTION ADOPTING THE TAX LEVY FOR COLLECTION IN THE YEAR 2017 which includes the property tax levy of $472,236 and the Bond Debt Retirement in the amount of $41,827 for a Final Net Levy in the amount of $514.063;

Seconded by Councilmember Hovey and carried. (4-0)

c. Consider Resolution Setting Dates for the Regular City Council Meetings for 2017, and e. Consider Resolution Setting the Dates for the Planning and Land Use Application Deadlines for the Year 2017: Attorney Kuntz referred to his report dated November 30, 2017 regarding the proposed resolutions setting the dates for Council meetings and dates for the Planning and Land Use Application Deadlines in 2017. He pointed out that the resolution setting the Planning Commission meeting dates for 2017 is usually referred to the Commission for their review and adoption.

Mayor Park asked if there were any questions, comments or wishes to change any of the dates and there was no response.

Councilmember Williams moved to adopt the following:

Resolution No. 16-29 titled, RESOLUTION SETTING THE DATES OF THE REGULAR CITY COUNCIL MEETINGS FOR THE YEAR 2017; and,

Resolution No. 16-30 titled, RESOLUTION SETTING THE DATES FOR THE PLANNING AND LAN USE APPLICATION DEADLINES FOR THE YEAR 2017,

Seconded by Councilmember Bulach and carried. (4-0)

d. Consider Resolution Setting the Dates for the Planning Commission Meetings for 2017: Council concurred to refer the proposed resolution setting the dates for the Planning Commission Meetings for 2017 to the Commission for their review and adoption.

f. Consider Resolution Authorizing Submission of the 2017 Small Community Funding Application to Dakota County

Requesting Funding to Operate a Citywide Recycling Program: Clerk Iago referred to her report dated November 30, 2016 and explained that each year Dakota County requests the City to submit an application for funds to assist with recycling efforts in the City. She asked that Council adopt the proposed resolution authorizing submission of the funding application.

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

Councilmember Hovey moved to adopt Resolution No. 16-31 title RESOLUTION AUTHORIZING SUBMISSION OF THE 2017 SSMALL COMMUNITY FUNDING APPLICATION TO DAKOTA COUNTY REQUESTING FUNDING TO OPERATE A CITYWIDE RECYCLING PROGRAM, seconded by Councilmember Bulach and carried. (4-0)

g. Report on 2016 Deer Management Program: Councilmember Hovey reported that seven (7) deer were taken during the hunting season to date; two (2) adult bucks and five (5) female deer. He advised that this was slightly less than the amount taken the same time last year and noted that the Metro Bow Hunters lost one and a half days due to weather. He advised that the largest whitetail deer to date was taken in the hunt and that all deer were recovered and donated for processing to charitable organization.

h. Consider Correspondence Concerning the Virginia Coss Property: Mayor Park introduced Ben Kajer, Real Estate Attorney with Briggs & Morgan, who was present representing Virgina Coss, 273 Salem Church Road, regarding correspondence she sent to the City dated October 24, 2016.

The Mayor referred to the memorandum from the City Attorney dated November 30, 2016 and explained that the correspondence from Ms. Coss’s attorney outlined issues that arose as a result of grading, landscaping, tree, grass and shrub removal and other soil-disturbing activities that have been conducted on neighboring property owned by Robert Brackey. She advised that Ms. Coss also urged the City to provide information on any site or building plans submitted to the City per Section 1208 of the Zoning Ordinance to ensure compliance with grading and filling standards outlined in Section 1216.04(f) of the Zoning Ordinance. She noted that the letter also requests that the City provide a specific action plan to repair and correct any and all damage that resulted and to ensure that such activities do not continue in the future to detrimentally affect her property by requiring Mr. Brackey to obtain an application for Site and Building Plan. She stated that copies of all information provided by Ms. Coss’s attorney were sent to Council along with photographs of the properties.

Mayor Park stated that the City Attorney, City Engineer, City Forester and City Planner met to discuss the October 24, 2016 letter from the Coss attorney relating to the dispute. She explained that the Engineer, Forester and Planner were asked to visit the site to conduct an inspection and to determine if the property owner had violated any Zoning Code requirements. At the meeting, staff determined the work conducted by Mr. Brackey was considered re-landscaping and that there was no need for site plan approval. The City Engineer reported that no storm water management standard was being violated, the drainage pattern had not changed, and the work did not expose one acre or more of soil. She further noted that the Engineer, Planner and Forester agreed that Mr. Brackey did not move 50 cubic yards or more of dirt, which would have triggered the site plan approval process and a NPDS permit and, therefore, no City enforcement action was necessary.

Ben Kajer, attorney representing Ms. Coss, explained that activity on the Brackey property has gone one since 2014 and that Mr. Brackey’s extensive landscaping resulted in a 40 ft. wide area that trespasses and encroaches onto the Coss property. He advised that ten (10) or more substantial trees had been removed over the two year period and that Mr. Brackey had not consistently done the project to complete it, but rather had started and stopped on several occasions. He stated that a lot or work had been done without a specific site plan.


Councilmember Williams asked if an easement was involved in the activities.

Mr. Kajer stated that there is an easement over the easterly portion of Mr. Brackey’s property that Ms. Coss utilizes for access to her home.

Councilmember Williams explained that this appears to be a private issue between property owners.

Mr. Kajer advised that his client had tried to engage in conversation with Mr. Brackey and noted that the land survey included in the information shows that the extent of his activities now encroach on Ms. Coss’s property.

Councilmember Williams stated that he does not understand what the City’s role would be in the process and that this matter appears to be a neighborhood dispute.

Mr. Kajer commented that if the City would have required a site plan for the activities, he would not be here this evening representing Ms. Coss.

Councilmember Williams explained that the City staff determined that no site plan application was required for the project.

Mr. Kajer pointed out that the site plan requirements should be imposed for all residents and that in his opinion the language in the Zoning Ordinance would require Mr. Brackey obtain a permit for the activities.

Councilmember Williams stated that his understanding of the complaint indicates that no site plan was required and in his opinion the City should not get involved in a citizen dispute.

Mr. Kajer referred to Section 1208.02 of the Zoning Code which indicates that removal of 10 or more significant trees would require a permit.

Mayor Park asked the Forester to respond as to how many trees had been removed from the site.

Forester Nayes explained that in his opinion 90% of what was removed from the site was understory or invasive species. He stated he was unsure how many trees had been removed since he had not viewed the property from the beginning of the work.

Mayor Park pointed out that because of the time period the work had been done it may not be possible to determine how many trees had been removed.

Mr. Kajer explained that Council could Google the property from 2012 to the present to see the difference in the site.
He referred to photographs attached to the correspondence and noted the damage to the Coss driveway.

Councilmember Williams explained that he understands Ms. Coss’s frustration, but pointed out that the City does not have the authority to interfere if there is not a code or ordinance violation.

Mr. Kajer started he respectfully disagreed and advised that it is his interpretation of the Zoning Code that the City should have required a site plan for the work being done.

Mayor Park pointed out that the City hires professional staff that are extremely qualified to determine if there are any violations of the City Code and that staff determined there was not an excessive amount of dirt being moved to require a permit for the work on the Brackey property.

Mr. Kajer stated that it is his opinion the amount of work done on the Brackey property should have triggered a permit and asked if his provided additional information that shows proof of this fact, would the City reconsider taking action.

Councilmember Williams advised Mr. Kajer that he was entitled to submit further information, however, Council cannot state at this time that it would change their opinion.

Councilmember Bulach asked what his client is requesting.

Mr. Kajer explained that the survey stakes shown on the diagram appear to be on the Brackey property but are actually on the Coss property and that due to the large area shown, it is his calculation that the work on the large area shown adds up to moving 50 cubic yards of dirt. He stated that Ms. Coss wishes to remedy the encroachment on her property.

Councilmember Williams reiterated the fact that Council has no authority to take action to remedy the issue due to the fact that the area is on an easement.

Councilmember Bulach pointed out that there have been other disputes neighbor disputes involving Ms. Coss, Mr. Brackey and another neighbor. He advised that it was his understanding that Mr. Brackey owns the property where the landscaping has occurred and Ms. Coss has an easement on the property for access to her home.

Mr. Kajer explained that the easement is on the west side of the Coss property while Mr. Brackey’s activities trespass on the southeast corner of the Coss property. He commented that it is his client’s opinion the matter could have been avoided if the City would have required submission of a site plan.

Councilmember Williams explained that if Mr. Brackey’s activities are actually trespassing it would be not be an issue for the City to resolve and should be pursued with civil action.

Brent Baskfield, 90 Salem Church Road, commented that if someone has taken an acre of adjacent property it should be classified as an adverse possession.

Councilmember Williams agreed and advised that Ms. Coss could pursue legal action against her neighbor, however, the City has no authority to become involved in the matter. He pointed out that staff determined that a site plan was not required after reviewing the documents submitted and visiting the site. He explained that staff found most of the trees removed were understory and the brush was invasive species that the City encourages residents to remove. He again stated that Council has no authority to revolve this type of dispute.

Mr. Baskfield explained that Ms. Coss owned the home prior to Mr. Brackey and advised that the last neighbor had to pay over $17,000 to be told to “mind his own business” by Mr. Brackey. He advised that Ms. Coss was recently widowed and seeking help from the City to resolve the matter. He commented that it appears Council is not sympathetic to her request.

Councilmember Williams explained that if Ms. Coss considers the activities to involve trespassing, she has cause to proceed with action against her neighbor. He pointed out that Council is not unsympathetic to her problem, but staff reviewed the situation and advised that a site plan was not required, therefore Council has no authority to take action.

Mayor Park explained that she wrote a letter to Mrs. Brackey to encourage plantings be installed on the property to replace what was removed and to assist with erosion onto the Coss property. She suggested that this may be an interpersonal dynamics issue between neighbors and that legally the City has no basis to require a site plan from Mr. Brackey.

Mr. Kajer advised that if the activities on the Brackey property did not trigger the need for a site plan application then the neighbors need to resolve the issues, however, he noted that 90 ft. encroachment that is shown on the survey he submitted. He pointed out that there is at least 60 yards of encroachment shown on the survey and that should have triggered the necessity for an application.

Councilmember Bulach pointed out that a cubic yard of dirt is much more than a land area calculation.

Councilmember Williams agreed that 50 cubic yards of dirt would be more substantial than a land area calculation and therefore the City has no right to require a site plan.

Mr. Kajer asked if the City would consider taking action if his client could present evidence that the ordinance requirements should be triggered.

Councilmember Williams again stated that Ms. Coss is entitled to bring forward information to the City and Council may review the information to determine if they should reconsider the matter. He commented that the City cannot discriminate in the application of its law.

Mr. Kajer thanked the Council for their time and consideration of the documentation.

i. Discuss Appointment of Council Subcommittee to Review Employee Salaries for 2017: Mayor Park explained that a subcommittee of two members of Council normally meet to discuss proposed salaries for the two City employees. She stated that earlier this year she participated on the committee and suggested Mayor-elect Williams volunteer to serve in 2017. She noted that Councilmember Bulach served as the other member of the sub-committee and asked if he wishes to serve again or if another member would volunteer.

Councilmember Bulach stated he would be willing to serve unless Councilmember Hovey wishes to volunteer.

Councilmembers Hovey and Williams agreed to serve on the salary review subcommittee.

Councilmember Bulach moved to appoint Councilmembers Hovey and Williams to the Council subcommittee to review the City employees’ salaries for 2017, seconded by Mayor Park and carried. (4-0)

j. Other/New Business: Presentation to Mayor Park: Councilmember Williams explained that after 12 years of service Mayor Park presented him with a plaque honoring his years of service to the City and that Molly was instrumental in persuading him to run for Mayor. He stated that Molly was very deserving of the certificate commending her dedication to the community and further commended her for the wonderful communication skills she brought forth as Mayor.
Mayor Park thanked Councilmember Williams for his kind words and stated she humbly accepts the Certificate of Appreciation presented to her on behalf of the Council, staff and residents. She noted that her son Andy had assisted with the design of the Sunfish Lake City logo.

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


9. ADJOURN: Councilmember Hovey moved to adjourn the meeting at 9:00 p.m. seconded by Councilmember Bulach and carried (4-0)


____________________________ ________________________________

Catherine Iago, City Clerk Molly Park, Mayor