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Tuesday, March 13, 2018
Agenda
Not posted
What was on the agenda.
Packet
Not posted
The supporting materials council reviewed.
One-line summary
The City Council approved the agenda and consent agenda, denied a requested zoning map amendment at 5259 Viking Blvd, approved a $5,000 escrow for park buffering related to Bill’s Superette tree replacement, appointed Robert Schiller to the Planning Commission, scheduled a Comp Plan workshop for March 26, and directed staff to involve the city attorney regarding an Oak Grove annexation petition and a trespass ordinance.
21 items as recorded in the packet and minutes.
AApprove/amend the meeting agenda
Mayor added annex-out petition and trespass ordinance; item 1.5 pulled from consent and added as Council Item E.
BComplements to Staff (snowplowing email)
Mayor read an email from Penny LaPlante commending maintenance team for snow removal.
1Sheriff's Report
Lt. Wayne Heath introduced the Deputies for the area; Mayor thanked sheriff’s department.
2Floor Items
Public comments included criticism of prior meeting conduct and support for zoning change request.
3aPlanning & Zoning: Zoning Map Amendment (5259 Viking Blvd) from C-1 to I-1 (40 acres)
Request by Josh Peterson and Eldon Farb to rezone 40 acres for self-storage facility and other industrial uses.
3bPlanning & Zoning: Bill’s Superette landscaping escrow
Approve $5,000 escrow from Grant Radamacher for tree replacement/buffering near park.
3cPlanning & Zoning: Appointment to Planning Commission (Robert Schiller)
Approve appointment of Robert Schiller to Planning Commission.
Passed on a split vote (3-2).
3dPlanning & Zoning: Code Enforcement – Council direction
Council discussed complaint about building enlargement/fire wall and sprinkler code; did not direct further staff action.
3eSchedule Comp Plan Meeting/Workshop
Originally proposed for March 27; amended and approved for March 26, 2018 at 7:00 PM.
Motion amended from March 27 to March 26.
4.1Consent agenda: Approve Jan 9 and Feb 13, 2018 City Council minutes and Feb 8, 2018 workshop minutes
4.2Consent agenda: Financial Report
4.3Consent agenda: Approve all audited bills (claims 613–669) and net distribution reports (Feb 6, 13, 20 and Mar 5, 2018)
4.4Consent agenda: RCA – Request final purchase of SCBA’s for Nowthen Firefighters
4.5Consent agenda item 1.5 (moved to Council Item E)
Minutes state item 1.5 was moved to Council Item E; the content of item 1.5 is not provided in these minutes.
Item content not shown in minutes within this bundle; noted as moved to Council Item E.
5aDeputy Clerk Position Update
Update that interviews were scheduled.
5bDay-to-day operating expenditure authorization
Resolution/policy needed further discussion; item tabled.
5cAnnex into Oak Grove (petition to annex out of the City)
Council discussed petition from Kent Roessler and Doug Hough to annex properties into Oak Grove (450 acres) and voted to contest pending more information and contact attorney.
Motion was to contest annexation and contact attorney.
5dTrespass Ordinance (draft based on Oak Grove ordinance; send to attorney)
Council voted to obtain Oak Grove trespass ordinance documents and submit to city attorney for review and adaptation for Nowthen.
5eRCA – Adopt Resolution 2018-07 (4M Fund membership)
Council tabled Resolution 2018-07 to May workshop and requested a 4M representative presentation.
Tabled until May City Council Workshop; presentation requested for May 4 workshop.
6Introduction of New Items
Mayor noted Fire Rescue Truck and Pup Trailer were in and in service/at A&B Welding.
AdjournAdjournment
Adjourned at 8:15 PM.
What this meeting did about specific topics, organized by issue rather than by document.
Zoning map amendment request at 5259 Viking Blvd (C-1 to I-1 for 40 acres)
The Council considered a request by Josh Peterson and Eldon Farb to change 40 acres at 5259 Viking Blvd from C-1 (Commercial) to I-1 (Industrial) to allow development of a self-storage facility and other industrial uses. After discussion about control of uses in I-1, whether Viking Blvd is a “main drag,” and the Planning & Zoning Commission’s unanimous recommendation, the Council voted to deny the request on a 3–2 vote (Rainville, Breyen, and Pilon in favor; Reighard and Bettinger opposed).
Agenda: 3a. Motions: M2. Speakers: Rainville, Breyen, Bettinger, Rieghard, Pilon, Eldon Farb.
Bill’s Superette landscaping/tree replacement escrow ($5,000)
The Council approved accepting a $5,000 escrow from Grant Radamacher related to Bill’s Superette to cover tree replacement and discussed keeping the funds set aside for a buffer between the park and commercial activity (trees, fencing, hedges, and other park-related improvements). The motion was amended so the clerk would set up a separate fund for the $5,000, and the Council approved the motion unanimously.
Agenda: 3b. Motions: M3. Speakers: Breyen, Rainville, Bettinger, Reighard, Pilon.
Appointment of Robert Schiller to the Planning Commission
The Council voted on the Planning & Zoning Commission’s recommended appointment of Robert Schiller to the Planning Commission. Some members raised concerns that the interview and selection process was too simplistic and that the Council should better understand applicants’ vision for the City; others supported following the P&Z recommendation and noted Schiller’s background. The appointment passed 3–2, with Bettinger, Reighard, and Breyen voting in favor and Rainville and Pilon opposed.
Agenda: 3c. Motions: M4. Speakers: Bettinger, Reighard, Rainville, Breyen, Pilon.
Comp Plan workshop scheduling
The Council debated scheduling a Comprehensive Plan workshop, including concerns about accommodating Councilmember availability and coordinating Planning & Zoning attendance. The initial motion for March 27 was amended to schedule the Comp Plan Workshop for March 26 at 7:00 PM, and the amended motion passed unanimously.
Agenda: 3e. Motions: M5. Speakers: Rainville, Breyen, Bettinger, Reighard, Pilon, Ellen Lendt.
Oak Grove annexation petition (Roessler/Hough)
The Council discussed a petition from Kent Roessler and Doug Hough to annex approximately 450 acres into Oak Grove, noting that if Nowthen contests it there could be a legal hearing. The Council voted to contest the annexation at this point and to contact the city attorney and Oak Grove for options, with the Mayor noting a special meeting might be called if action is needed before the next regular meeting.
Agenda: 5c. Motions: M8. Speakers: Pilon, Bettinger, Rainville, Breyen.
Trespass ordinance for public meetings/city property
The Council discussed obtaining Oak Grove’s attorney-drafted clarification to its trespass ordinance, in light of a Supreme Court-related change in how disorderly conduct is interpreted at public meetings, and the recommendation to have an ordinance to support asking people to leave city property. The Council approved getting Oak Grove’s documents and submitting them to the city attorney to adapt for Nowthen if appropriate.
Agenda: 5d. Motions: M9. Speakers: Pilon, Rainville.
Audited bills and claims approval (claims 613–669; attached claims history shows 616–669)
As part of the consent agenda, the Council approved audited bills and claims (stated as claim #613 through claim #669 in the consent agenda list) along with net distribution reports dated February 6, 13, 20 and March 5, 2018. The attached claims history pages in the minutes packet show claim #616 through claim #669 with a “Total For Selected Claims” of $195,579.03, including items such as a $22,500 dump trailer purchase and a $64,620 final payment for a fire rescue truck.
Agenda: 4.3. Motions: M6.
Resolution 2018-07 (4M Fund membership)
The Council considered an RCA item to adopt Resolution 2018-07 authorizing membership in the 4M Fund. The Council tabled the item until the May City Council Workshop and requested that a 4M representative attend the May 4 workshop to present to the Council.
Agenda: 5e. Motions: M10. Speakers: Rainville, Bettinger.
11 motions on the record. Split votes are highlighted.
M1Breyen made a motion to approve the agenda as amended; Reighard seconded. All in favor; motion carried.
moved by Breyen, seconded by Reighard
All in favor; motion carried.
M2Rainville made a motion to deny the request; Breyen seconded for discussion.
moved by Rainville, seconded by Breyen
M3Breyen made a motion to approve the $5000 escrow from Grant Radamacher to cover the cost of the tree replacement; Rainville seconded.
moved by Breyen, seconded by Rainville
All in favor of Breyen's motion; motion carried.
M4Bettinger made a motion to approve appointing Robert Schiller; Reighard seconded.
moved by Bettinger, seconded by Reighard
M5Rainville made a motion to have the Comp Plan Workshop on the 26th of March @ 7:00 PM. All in favor; motion carried.
moved by Rainville, seconded by Breyen
All in favor; motion carried.
M6Rainville made a motion to approve items 1.1 through 1.4; Breyen seconded. All in favor; motion carried.
moved by Rainville, seconded by Breyen
All in favor; motion carried.
M7Breyen made a motion to table this, as he thinks the Resolution needs to match up with the Policy, and we need more discussion regarding that. Rainville seconded. All in favor; motion carried.
moved by Breyen, seconded by Rainville
All in favor; motion carried.
M8Bettinger made a motion to contest the annexation at this point until we get more information; Breyen seconded Bettinger's motion.
moved by Bettinger, seconded by Breyen
All in favor of the motion to contact the attorney to contest this action; motion carried.
M9Pilon made a motion to recommend getting a copy of Oak Grove's Trespass Ordinance documents, submit them to our attorney to see how it might fit in our circumstances if it's appropriate, amend it if it does to fit the City of Nowthen. Rainville seconded Pilon's motion. All in favor; motion carried.
moved by Pilon, seconded by Rainville
All in favor; motion carried.
M10Rainville made a motion to table this until the May City Council Workshop, and requested a 4M representative to come and present to the Council at the May 4th workshop.
moved by Rainville, seconded by Bettinger
All in favor; motion carried.
M11Bettinger made a motion to adjourn at 8:15 PM; Breyen second. All in favor; motion carried.
moved by Bettinger, seconded by Breyen
All in favor; motion carried.
Each figure links back to the document it came from. When the council voted on the amount, the motion is shown.
F1
Escrow from Grant Radamacher (Bill’s Superette) to cover cost of tree replacement; clerk to set up separate fund per discussion/amendment.
other
$5,000
inflow
F2
Total for selected audited claims (claims list shown as claim #616 through #669 in the attached claims history pages).
invoice · audited_bills_total
$195,579.03
outflow
F3
Claim #616: ShirAul, LLC – “1993 Bullet Bottom Dump Pull Trailer”.
expenditure · audited_bills
$22,500
outflow
F4
Claim #618: Command Fire Apparatus – “Final Payment of Fire Rescue Truck”.
expenditure · audited_bills
$64,620
outflow
F5
Claim #634: Couri & Ruppe, P.L.L.P. – “January/February”.
expenditure · audited_bills
$3,060
outflow
When someone tried to remember earlier business, we cross-reference the corpus and write a short related-history note.
Pilon stated that there was an email sent to the Council about the staff performance in the snowplowing.
— Pilon
What this is about
Refers to a previously sent email to Council praising snowplowing performance.
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He is addressing what went on at the last City Council Meeting regarding what was said by Dan Williams.
— Dale Ames
What this is about
Public speaker recalls comments made by Dan Williams at the prior City Council meeting and urges an apology/resignation.
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Bettinger said this is the process that was set up by the Council. This is the same process that they have followed in the past, and has worked fine.
— Bettinger
What this is about
Recalls prior committee appointment processes as a basis for keeping the same interview/selection approach.
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Schreder said to keep in mind that the codes that were in effect at the time of the permit go with the building. As the codes change, that doesn't matter to an existing permit.
— Schreder
What this is about
Recalls that building code compliance is governed by the code in effect at the time the permit was issued, not later code changes.
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Every document and recording archived for this meeting.
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