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Tuesday, November 15, 2016
Agenda
Not posted
What was on the agenda.
Packet
Not posted
The supporting materials council reviewed.
One-line summary
Council canvassed the 2016 election results, approved multiple planning and park items, handled several council administrative actions (including personnel and equipment), and tabled an illegal dumping ordinance revision and City Hall floor refinishing quotes.
29 items as recorded in the packet and minutes.
CANVASSING-1Declare election results / approve Abstract of Votes Cast
Mayor announced election results and council approved the Abstract of Votes Cast.
Motion carried (all in favor).
CC-0Approve/amend the meeting agenda
Approve agenda; pull October meeting minutes for clarification and add Local Government Officials Meeting.
Agenda approved as amended (all in favor).
CC-1Sheriff Report
Lt. Wayne Heath update on October 2016 sheriff’s services and road safety reminder.
Update provided; no motion recorded.
CC-2Floor Items
Public comments on meeting cameras/AV installation, volunteer/staff liability for ice rink work, fairness across festivals, and Park & Rec ice rink spending and fund source; thanks from Heritage Festival committee.
Discussion and comments; no motion recorded.
CC-3aPlanning & Zoning: Timothy and Rene Engh — Comprehensive Land Use Plan Amendment (19447 Nowthen Blvd)
Approve amendment to Comprehensive Land Use Plan with conditions per Findings & Decision dated Nov. 15, 2016.
Approved with conditions as presented; motion carried (all in favor).
CC-3bPlanning & Zoning: Amy Carlson — Interim Use Permit for Extended Home Business (18970 Nowthen Blvd)
Approve IUP for Chubby Cheeks Photography, an Extended Home Occupation, with conditions per Findings & Decision dated Nov. 15, 2016.
Approved with conditions as presented; motion carried (all in favor).
CC-3cPlanning & Zoning: Tiffany Foy and Luke & Michelle Willing — Lot Line Reconfiguration (20407 & 20339 Baugh Street)
Approve lot line reconfiguration with amended conditions per Findings & Decision dated Nov. 15, 2016.
Approved with amended conditions; motion carried (all in favor).
CC-3dPlanning & Zoning: Ordinance 2016-06 — illegal dumping and littering ordinance revision
Council first attempted approval; motion failed; ordinance then tabled.
Approval motion failed; subsequent motion to table carried.
CC-3ePlanning & Zoning: Gary Scott — consent agreement deadline passed
Direct staff to work with Gary Scott and extend compliance deadline to June 2017 for the Consent Decree.
Motion carried (all in favor).
CC-3fPlanning & Zoning: Jeff and Laura Miller — IUP conditions complaints
Table action to allow changes (toggle switch disengaged on backup beeper) and observe effectiveness.
Table motion carried (all in favor).
CC-3gPlanning & Zoning: Bob Johnson
No action; intention stated to wind down operations and clean up property.
No action at this time.
CC-3hPlanning & Zoning: Comp Plan meeting dates / Comp Plan update process
Motion to go out for proposals failed for lack of a second; council then directed Planner Stockman to move forward with the Comprehensive Plan update.
Second motion carried (three in favor; Bettinger opposed).
CC-4aPark & Recreation: Request use of City equipment to install hockey boards
Approve use of city equipment and pay staff time to install hockey rink, with staff-only equipment operation and preference for regular/comp/traded time.
Motion carried (all in favor).
CC-4bPark & Recreation: Mayor's Butterfly Challenge
Mayor to participate and work with Park & Rec to identify needed actions.
Motion carried (all in favor).
CC-4cPark & Recreation: Dirt pile
Mr. Perkins to take the last load and level out the dirt area.
Staff/action note recorded; no motion recorded.
CC-5-1.1Consent agenda: Approve October 11, 2016 City Council Meeting Minutes
Minutes were pulled from consent for clarification and later approved as amended.
Approved later as amended (all in favor).
CC-5-1.2Consent agenda: Financial report
Financial report included in consent items approved.
Approved under consent motion covering items 1.2, 1.3 and 1.4.
CC-5-1.3Consent agenda: Approve audited bills (Claims #10403–#10455) plus Net Distribution reports
Audited bills and specific net distribution reports approved under consent motion.
Approved under consent motion covering items 1.2, 1.3 and 1.4.
CC-5-1.4Consent agenda: Liability coverage waiver form (tort limits not waived)
City does not waive monetary limits on municipal tort liability under MN statutes.
Approved under consent motion covering items 1.2, 1.3 and 1.4.
CC-6aCouncil items: Liquor license violation — Resolution 2016-25 (Burns Bottle Shop)
Adopt resolution authorizing issuance of a penalty for liquor violation.
Motion carried (all in favor).
CC-6bCouncil items: Broadband equipment relocation
Remove broadband equipment from city offices; if charges apply, bring back to council.
Motion carried (three in favor; Pilon opposed).
CC-6cCouncil items: Laptop computer purchase discussion/direction
Motion to buy a new laptop for $729 failed; council then directed staff to obtain specs and compare used vs. other computer options and hard drive condition.
Initial purchase motion failed; subsequent direction motion carried (all in favor).
CC-6dCouncil items: Employee performance evaluations
Council discussed closed session rules; assigned who will conduct evaluations.
Motion carried (all in favor).
CC-6eCouncil items: Appoint Lori Streich to full-time employee; salary increase
First motion (permanent full-time language) failed; second motion appointing to full-time and raising salary by $0.75/hr passed.
Final motion carried (all in favor).
CC-6fCouncil items: Quotes to refinish City Hall floors
Table discussion pending staff investigation of carpeting instead.
Motion carried (all in favor).
CC-6gCouncil items: Resolution 2016-26 — classification of non-conservation property for land sale purposes
Adopt resolution and decide not to acquire either property.
Motion carried (all in favor).
CC-6hCouncil items: Local Government Officials Meeting (Nov. 30, 2016)
Allow any council members to attend.
Motion carried (all in favor).
CC-7Introduction of New Items
None.
None introduced.
CC-ADJAdjourn
Adjourned at 8:00 PM.
Motion carried (all in favor).
What this meeting did about specific topics, organized by issue rather than by document.
2016 election canvass and certification (Abstract of Votes Cast)
The council, acting as the Canvassing Board, announced detailed voter and candidate totals for the mayor and council races and approved the Abstract of Votes Cast for the City of Nowthen precincts.
Agenda: CANVASSING-1. Motions: M-1. Speakers: Pilon.
Meeting A/V installation and volunteer liability concerns for ice rink work
During floor items, Dan Williams asked about meeting cameras and raised concerns about fairness and city staff volunteering to help set up the ice rink; the mayor stated audio/video equipment would be installed next week and explained the volunteer issue was about legal liability, overtime, and clarifying with the attorney and insurance.
Agenda: CC-2. Speakers: Dan Williams, Pilon, Rainville, Sue Pilon.
Engh Comprehensive Land Use Plan amendment (19447 Nowthen Blvd)
Council approved Timothy and Rene Engh’s request to amend the Comprehensive Land Use Plan for 19447 Nowthen Blvd, adopting the recommendation of Planning and Zoning and the City Planner with conditions as presented in the City Council Findings & Decision dated November 15, 2016.
Agenda: CC-3a. Motions: M-3.
Amy Carlson interim use permit for Chubby Cheeks Photography (18970 Nowthen Blvd)
Council approved Amy Carlson’s interim use permit to operate Chubby Cheeks Photography as an extended home occupation at 18970 Nowthen Blvd, with conditions as presented in the City Council Findings & Decision dated November 15, 2016.
Agenda: CC-3b. Motions: M-4.
Foy/Willing lot line reconfiguration (20407 & 20339 Baugh Street)
Council approved the request by Tiffany Foy and Luke & Michelle Willing for a lot line reconfiguration at 20407 and 20339 Baugh Street, with amended conditions as presented in the City Council Findings & Decision dated November 15, 2016.
Agenda: CC-3c. Motions: M-5.
Ordinance 2016-06 on illegal dumping and littering
Council considered Ordinance 2016-06 revising rules on illegal dumping and littering; after an initial attempt to approve it failed unanimously (none in favor, all opposed), council voted to table the ordinance for later consideration.
Agenda: CC-3d. Motions: M-6, M-7. Speakers: Rainville, Scheffler, Bettinger, Lt. Heath, Pilon.
Gary Scott consent decree compliance extension
Because a consent agreement deadline had passed, council directed staff to work with Gary Scott and extended his compliance timeline until June 2017 to come into compliance with the Consent Decree.
Agenda: CC-3e. Motions: M-8.
Jeff and Laura Miller IUP conditions complaints (backup beeper toggle switch)
Council discussed complaints regarding IUP conditions for Jeff and Laura Miller, including a concession that the toggle switch for the backup beeper would be disengaged, and tabled further action to allow time to see whether the changes were effective.
Agenda: CC-3f. Motions: M-9. Speakers: Rainville, Scheffler, Pilon.
Comprehensive Plan update process (RFP vs. proceeding with Planner Stockman)
Council debated whether to seek proposals for the comprehensive plan update (a motion to go out for proposals failed for lack of a second) and then voted to have Planner Stockman move forward with the comprehensive plan update, with Bettinger opposed.
Agenda: CC-3h. Motions: M-10. Speakers: Bettinger, Scheffler, Rainville.
Hockey rink installation logistics (use of city equipment and paid staff time)
Council approved using city equipment (skid loader, truck, and trailer) and paying staff time to install the hockey rink, with direction that staff be the only operators and that staff time be regular/compensated/traded time when possible.
Agenda: CC-4a. Motions: M-11.
Laptop computer acquisition decision-making
Council considered a purchase of a new laptop from RB’s Computer for $729, which failed on a 2–2 vote, and then directed staff to gather specs and comparisons for the used computer and other options, including whether the hard drive is new or refurbished, before making a final decision.
Agenda: CC-6c. Motions: M-17, M-18. Speakers: Scheffler, Pilon, Rainville, Bettinger.
Personnel evaluations and full-time appointment for Lori Streich
Council agreed on an approach for employee performance evaluations, including who would conduct specific reviews, and handled an appointment of Lori Streich to full-time status: a motion using “permanent” language failed 2–2, but a revised motion to appoint her to full-time and increase pay by $0.75/hour passed unanimously.
Agenda: CC-6d, CC-6e. Motions: M-19, M-20, M-21. Speakers: Bettinger, Scheffler, Pilon, Rainville.
25 motions on the record. Split votes are highlighted.
M-1Bettinger made a motion to approve the Abstract of Votes Cast in the Precincts of the City of Nowthen; Rainville seconded. All in favor; motion carried.
moved by Bettinger, seconded by Rainville
All in favor
M-2Bettinger amended his motion to approve the amended agenda; Pilon seconded. All in favor; motion carried.
moved by Bettinger, seconded by Pilon
All in favor
M-3Bettinger made a motion to approve Timothy and Rene Engh's request for an amendment to the Comprehensive Land Use Plan, as recommended by the Planning and Zoning Commission and the City Planner, with the conditions, as presented, in the City Council Findings & Decision dated November 15, 2016; Rainville seconded. All in favor; motion carried.
moved by Bettinger, seconded by Rainville
All in favor
M-4Rainville made a motion to approve Amy Carlson's request for an Interim Use Permit to operate Chubby Cheeks Photography, an Extended Home Occupation, as recommended by the Planning and Zoning Commission and the City Planner, with the conditions, as presented, in the City Council Findings & Decision dated November 15, 2016; Bettinger seconded. All in favor; motion carried.
moved by Rainville, seconded by Bettinger
All in favor
M-5Rainville made a motion to approve Tiffany Foy and Luke & Michelle Willing's request for a Lot Line Reconfiguration recommended by the Planning and Zoning Commission and the City Planner, with the amended conditions, as presented in the City Council Findings & Decision dated November 15, 2016: Scheffler seconded. All in favor; motion carried.
moved by Rainville, seconded by Scheffler
All in favor
M-6Bettinger made a motion to approve the Ordinance 2016-06, as recommended by the Planning & Zoning Commission; Rainville seconded. ... None in favor; all opposed. Motion failed.
moved by Bettinger, seconded by Rainville
None in favor; all opposed
M-7Bettinger made a motion to table Ordinance 2016-06; Rainville seconded. Three in favor; motion carried.
moved by Bettinger, seconded by Rainville
M-8Bettinger made a motion to have staff work with Gary Scott and give him until June 2017 to come into compliance with the Consent Decree; Scheffler seconded. All in favor; motion carried.
moved by Bettinger, seconded by Scheffler
All in favor
M-9Rainville made a motion to table any action on this to let those things occur; Scheffler seconded... The action is tabled until they can see the effectiveness. All in favor; motion carried.
moved by Rainville, seconded by Scheffler
All in favor
M-10Scheffler made a motion to have Planner Stockman move forward with the Comp Plan Update... Rainville seconded... Three in favor; Bettinger opposed.
moved by Scheffler, seconded by Rainville
M-11Scheffler made a motion to approve the use of City Equipment and to pay staff for their time to install the hockey rink and whenever possible staff time be on regular time, compensated time or traded time and that the equipment in use would be the skid loader, truck and trailer and that staff be the only one using the equipment; Bettinger seconded. All in favor; motion carried.
moved by Scheffler, seconded by Bettinger
All in favor
M-12Pilon made a motion to participate in the Mayor's Butterfly Challenge; Rainville seconded. All in favor; motion carried.
moved by Pilon, seconded by Rainville
All in favor
M-13Rainville made a motion to approve Consent Agenda items 1.2, 1.3 and 1.4; Bettinger seconded. All in favor; motion carried.
moved by Rainville, seconded by Bettinger
All in favor
M-14Bettinger made a motion to approve the amended October 11, 2016 meeting minutes; Scheffler seconded. All in favor; motion carried.
moved by Bettinger, seconded by Scheffler
All in favor
M-15Bettinger made a motion to adopt Resolution 2016-25, A Resolution Authorizing issuance of a penalty for a liquor violation at Burns Bottle Shop; Scheffler seconded. All in favor; motion carried.
moved by Bettinger, seconded by Scheffler
All in favor
M-16Bettinger made a motion to have the Broadband Equipment removed from the City Offices and if there are charges associated with this to bring that back before the Council; Scheffler seconded... Three in favor; Pilon opposed. Motion carried.
moved by Bettinger, seconded by Scheffler
M-17Bettinger made a motion to approve the purchase of a new laptop computer from RB's Computer for $729.00; Scheffler seconded... Two in favor of Bettinger's motion; Pilon and Rainville opposed. Motion failed.
moved by Bettinger, seconded by Scheffler
M-18Rainville made a motion to direct staff to get the specs and comparison for both computers for the used computer and to compare and of the features listed, do we truly need them based on what it is going to be used for and to find out if the hard drive is new or refurbished; Pilon seconded. All in favor; motion carried.
moved by Rainville, seconded by Pilon
All in favor
M-19Bettinger made a motion to have Glaze do Madson's review and that the Council perform the evaluations of Glaze and LaDoucer; Scheffler seconded. All in favor; motion carried.
moved by Bettinger, seconded by Scheffler
All in favor
M-20Bettinger made a motion to appoint Lori Streich to permanent Full Time Employee and to raise her salary $0.75 per hour; Scheffler seconded... Bettinger and Scheffler in favor; Rainville and Pilon opposed. Motion failed.
moved by Bettinger, seconded by Scheffler
M-21Bettinger made a motion to appoint Lori Streich to Full Time Employee and raise her salary $0.75 per hour; Rainville seconded. All in favor; motion carried.
moved by Bettinger, seconded by Rainville
All in favor
M-22Pilon made a motion to table this discussion until staff has a chance to investigate the cost of installing carpeting instead at the City Hall; Bettinger seconded. All in favor; motion carried.
moved by Pilon, seconded by Bettinger
All in favor
M-23Rainville made a motion to adopt Resolution 2016-26 and not to acquire either of the properties; Scheffler seconded. All in favor; motion carried.
moved by Rainville, seconded by Scheffler
All in favor
M-24Rainville made a motion to allow any of the Council Members to attend the Local Government Officials Meeting on November 30, 2016; Bettinger seconded. All in favor; motion carried.
moved by Rainville, seconded by Bettinger
All in favor
M-25Rainville made a motion to adjourn the meeting at 8:00 PM; Scheffler seconded. All in favor; motion carried.
moved by Rainville, seconded by Scheffler
All in favor
Each figure links back to the document it came from. When the council voted on the amount, the motion is shown.
F-1
Public comment referenced spending on an ice skating rink.
expenditure · Park and Rec (as discussed by speaker)
$23,000
outflow
Council approval status: not yet on record.
F-2
Proposed purchase of a new laptop computer from RB's Computer; motion failed.
expenditure
$729
outflow
When someone tried to remember earlier business, we cross-reference the corpus and write a short related-history note.
Scheffler understands that they did just get this, but it is a recommendation from our attorney, so he does feel comfortable with moving forward on it.
— Scheffler
What this is about
Council discussion referenced a recommendation from the city attorney regarding the illegal dumping/littering ordinance revision.
The resolver has not run for this cue, or the search did not find a strong match in the corpus.
Scheffler said that given how computers have a short life, he thinks that a new computer is the best option for the City. Pilon said that he talked to an IT person and thinks the refurbed one is the best price for what we are getting.
What this is about
Council members referenced prior advice from an IT person and general experience about computer lifespans while debating a laptop purchase.
The resolver has not run for this cue, or the search did not find a strong match in the corpus.
Rainville said that based on the discussions at the workshop and the concessions that the toggle switch for the backup beeper will be disengaged on the equipment;
— Rainville
What this is about
Council referenced earlier workshop discussions and concessions regarding equipment noise controls tied to the Millers’ IUP complaints.
The resolver has not run for this cue, or the search did not find a strong match in the corpus.
Every document and recording archived for this meeting.
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