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Tuesday, May 8, 2018
Agenda
Not posted
What was on the agenda.
One-line summary
Council approved the Anderson lot split/CUP, awarded dust control and crack-sealing work, approved key consent items (including bills and a donation), tabled the farmers market budget and recycling agreement pending further work, and reset the deputy clerk hiring process with League of Minnesota Cities input.
36 items as recorded in the packet and minutes.
AApprove/amend the meeting agenda
Amendments included removing Park and Trail Plan recommendations to June; pulling Farmers Market budget, Residential Recycling Agreement, and an RCA about information handling for discussion.
Agenda approved as amended.
1Sheriff's Report
April 2018 calls for service and reminder to watch for bikes.
Report presented; no council action recorded.
2Floor Items
Lynda Kolasa submitted additional paperwork for Consent Agenda Item 1.8.
No motion recorded.
3aPlanning & Zoning: Jeffrey Anderson lot split and flag-lot Conditional Use Permit (6538 213th Avenue NW)
Lot split of 19.88 acres into 9.59-acre Parcel A (existing house) and 10.29-acre Parcel B (new home); CUP for 67.75-foot flag-lot access strip for existing house.
Approved subject to amended conditions in the City Council Findings and Decision dated May 8, 2018.
3bPlanning & Zoning: Code Enforcement – 5980 187th Ave (Guyer property)
Direction/next steps on determining animal/business operations and whether an Interim Use Permit (IUP) is warranted; council discussed prior motion for a site visit by two council members.
A motion was proposed and then withdrawn; council indicated a site visit should be completed and potentially an IUP may be required depending on findings.
4aRoad and Bridge: Consideration for Rogers Lake area repair project in 2018 bonding
Discussion item about whether to bond for the Rogers Lake area repair project and how that would affect financing options.
Breyen stated the Road and Bridge Committee can work this into the 5-year plan; no motion recorded.
4bRoad and Bridge: Repair remaining pits in Rogers Lake Area
Authorize staff to obtain quotes for patching, with Road and Bridge Committee prioritizing roads in need of repair.
Motion carried.
4cRoad and Bridge: Dust Control Bids
Award dust control work for 2018.
Northern Salts selected.
4dRoad and Bridge: Crack Sealing Bids
Award crack sealing work for 2018.
Asphalt Concrete Solution, Inc. selected.
5.1Consent Agenda: Approve prior meeting minutes
Approve March 20 Special City Council Meeting minutes (incl. Pinnaker Lake Estates and Old Viking Blvd improvement hearings), April 5 Workshop minutes, and April 10 Council Meeting minutes.
Approved as part of amended consent agenda motion.
5.2Consent Agenda: Financial Report
Financial reporting for the period presented in packet.
Approved as part of amended consent agenda motion.
5.3Consent Agenda: Approve audited bills and net distribution reports
Approve claims #702 through #750 plus net distribution reports dated April 9, 16, and 30, 2018.
Approved as part of amended consent agenda motion.
5.4Consent Agenda: Adopt Resolution 2018-11 accepting donation from Elk River Youth Hockey Association
Accept a donation from the Elk River Youth Hockey Association.
Approved as part of amended consent agenda motion.
5.5Consent Agenda: Approve the 2018 Agreement for Residential Recycling Program
Agreement with Anoka County for residential recycling program funding (contract C0006192).
Removed from consent agenda and handled as Council Item 6.h; see that item.
5.6Consent Agenda: Approve Liability Coverage – Waiver Form
Annual decision on whether to waive statutory tort liability limits; form indicates 'DOES NOT WAIVE'.
Approved as part of amended consent agenda motion.
5.7Consent Agenda: Adopt Resolution 2018-07 authorizing membership in the 4M Fund
Authorize membership in the Minnesota Municipal Money Market Fund (4M Fund).
Approved as part of amended consent agenda motion.
5.8Consent Agenda: Request approval of Farmers Market Budget and donation of a weather radio
Farmers Market 2018 budget approval request and donation of a weather band radio.
Removed from consent agenda and handled as Council Item 6.g; see that item.
5.9Consent Agenda: Transfer donated gambling funds to Fire Equipment Fund for Blitzfire Attack nozzle
Transfer gambling proceeds donations to Fire Equipment Fund to purchase Blitzfire Attack nozzle.
Approved as part of amended consent agenda motion.
5.10Consent Agenda: Meeting Date Changes
Meeting date changes requested (details not in minutes).
Approved as part of amended consent agenda motion; details not recorded in minutes excerpt.
5.11Consent Agenda: Approve Committee Recommendations for the Park and Trail Plan
Park and Trail Plan committee recommendations.
Removed until the June meeting.
5.12Consent Agenda: Appoint Kevin Shoeberg as legal counsel for detachment annexation request
Appoint legal counsel for detachment/annexation request.
Approved as part of amended consent agenda motion.
5.13Consent Agenda: Adopt Resolution 2018-13 requesting additional time to complete Comprehensive Plan
Request additional time within which to complete Comprehensive Plan.
Approved as part of amended consent agenda motion.
5.14Consent Agenda: (Pulled) Discrepancy in how information provided by Council Members was handled
RCA regarding how submitted council member information was handled in meeting packets and record.
Removed from consent agenda and handled as Council Item 6.i; see that item.
6aCouncil Item: Deputy Clerk Position Update / hiring process reset
Council voted to terminate current hiring effort and have mayor consult League of Minnesota Cities for hiring process assistance; mayor to report back at June 7, 2018 workshop.
Motion carried 3-2 (Breyen, Rainville, Pilon yes; Bettinger, Reighard no).
6bCouncil Item: Old Viking Blvd assessments – larger parcels
Keep assessments as one per parcel as originally proposed.
Motion carried.
6cCouncil Item: Recycling Center – quote for a box vented overhang
Consider quote for overhang; item tabled until a funding source could be found.
Tabled until funding source identified.
6dCouncil Item: Contracted street sweeping
Request to hire On-Call Sweeping for $600; council denied request and directed staff to use existing sweepers.
Request denied; staff to use Tenant Sweeper and John Deere sweeper as described.
6d-2Council Item: Follow-up with resident on 210th Ave street sweeping concern
Council directed Rainville and Breyen to meet resident and work with staff to minimize conflict.
Motion carried.
6eCouncil Item: Pinnaker Lake Estates Road Improvement Project – approve plans and specs; adopt Resolution 2018-12
Approve plans and specs and adopt Resolution 2018-12 for Pinnaker Lake Estates Road Project.
Motion carried.
6fCouncil Item: Schedule Special City Council Meeting May 15 to approve Old Viking Blvd plans/specs and adopt resolution
Schedule special meeting for Old Viking Blvd plans/specs approval and resolution adoption.
Special meeting set for May 15 at 6:30 PM.
6gCouncil Item: Farmers Market budget and weather radio
Request approval of 2018 Farmers Market budget and donation of weather radio; council tabled to June meeting due to missing details/insurance questions.
Tabled until June meeting.
6hCouncil Item: 2018 Agreement for Residential Recycling Program (Anoka County)
Council directed Rainville and Pilon to ask County about restoring additional $30,000 full-service funding before signing agreement.
Motion carried to pursue additional funding before signing.
6h-2Council Item: Land use signs (Planner Stockman to advise Maintenance Staff)
Planner Stockman to advise maintenance staff to put out land use signs when appropriate.
Motion carried.
6iCouncil Item: Discrepancy in how information from council members was handled (RCA by Rainville)
After discussion, Bettinger withdrew a motion to deny; council voted to enter Rainville's RCA and documentation into the record (Bettinger opposed).
Motion carried 4-1 after initial motion to deny was withdrawn.
7Introduction of New Items: Employment and Personnel Policies (draft) – review/comments schedule
Council directed to review draft policies and provide comments by June 25 for July 5 workshop agenda inclusion.
Motion amended and carried.
AdjournAdjournment
Adjourn meeting.
Motion carried.
What this meeting did about specific topics, organized by issue rather than by document.
Anderson lot split and flag-lot CUP (6538 213th Avenue NW)
The council approved Jeff(rey) Anderson’s request to split a 19.88-acre parcel into two lots (9.59 acres with the existing house and a new 10.29-acre lot) and approved a conditional use permit for a 67.75-foot flag-lot access strip for the existing house, subject to amended conditions in the council’s Findings and Decision dated May 8, 2018, including a park-and-trail fee payment requirement.
Agenda: 3a. Motions: M2. Speakers: Breyen, Bettinger.
Guyer property code enforcement (5980 187th Avenue)
The council discussed next steps for the Guyer property, focusing on determining what operations are occurring on the site and whether an Interim Use Permit is warranted. A motion was proposed and amended to involve a council-member site visit but was ultimately withdrawn; council members emphasized that a prior motion called for two council members to visit the property and aimed to complete that before the next meeting.
Agenda: 3b. Speakers: Rainville, Reighard, Bettinger, Pilon.
Rogers Lake area road repairs (bonding discussion and pits repair authorization)
The council heard road-and-bridge items on the Rogers Lake area, including whether to consider bonding for a larger repair project and a separate action to address remaining road “pits.” The bonding topic was left as committee work to incorporate into the 5-year plan, while the council approved a motion directing the Road and Bridge Committee to prioritize repairs citywide and authorizing staff to obtain patching quotes.
Agenda: 4a, 4b. Motions: M3. Speakers: Breyen, Rainville.
2018 dust control and crack sealing contracts
The council awarded two road-maintenance contracts for 2018: Northern Salts for dust control and Asphalt Concrete Solution, Inc. for crack sealing. Both awards were approved by motion with “all in favor” votes recorded in the minutes.
Agenda: 4c, 4d. Motions: M4, M5. Speakers: Breyen, Bettinger.
Deputy Clerk hiring process dispute and restart
After a lengthy discussion about the deputy clerk hiring committee’s deadlock and whether staff letters solicited by a council member improperly influenced the process, the council voted 3-2 to terminate the current hiring effort and direct the mayor to contact the League of Minnesota Cities for assistance with the hiring process, with a report back scheduled for the June 7, 2018 workshop.
Agenda: 6a. Motions: M7. Speakers: Rainville, Reighard, Pilon, Bettinger, Breyen.
Old Viking Blvd assessment approach (one assessment per parcel)
The council approved keeping Old Viking Boulevard assessments as one assessment per parcel, consistent with the original proposal, rejecting alternative approaches for larger parcels that had been discussed previously.
Agenda: 6b. Motions: M8. Speakers: Bettinger, Breyen.
Recycling Center overhang quote (tabled pending funding source)
The council considered a quote for a “Box Vented Overhand” at the recycling center but tabled the item until a funding source could be identified.
Agenda: 6c. Motions: M9. Speakers: Pilon, Breyen.
Contracted street sweeping request (210th Ave/Cobalt/215th Ave) and resident follow-up
The council denied a request to contract for street sweeping services and directed staff to continue with city equipment (“Tenant Sweeper” for curb-and-gutter areas and “John Deere sweeper” elsewhere). The council also directed Rainville and Breyen to meet with the resident on 210th Avenue and work with staff to minimize the conflict.
Agenda: 6d, 6d-2. Motions: M10, M11. Speakers: Bettinger, Breyen, Pilon, Rainville.
Pinnaker Lake Estates Road Improvement Project – Resolution 2018-12 (plans/specs and bidding)
The council approved plans and specifications and adopted Resolution 2018-12 for the Pinnaker Lake Estates road project, which declared an estimated total project cost of $149,000 with $74,500 paid by the city (plus overruns) and $74,500 assessed to benefited property owners, and directed advertising for bids and preparation of a proposed assessment roll and assessment hearing notice.
Agenda: 6e. Motions: M12. Speakers: Bettinger, Reighard.
Farmers Market 2018 budget and weather radio donation (tabled)
The council discussed the request to approve the 2018 Farmers Market budget and donate a weather radio, raising questions about missing RCA details and insurance coverage. The council tabled the Farmers Market budget decision until the June meeting.
Agenda: 6g. Motions: M14. Speakers: Reighard, Lynda Kolasa, Breyen.
2018 Residential Recycling Agreement with Anoka County (signing delayed pending funding request)
The council removed the residential recycling agreement from the consent agenda and instead directed Rainville and Pilon to meet with the county to ask whether Nowthen could regain an additional $30,000 in funding for having a full-service recycling center before signing the agreement.
Agenda: 6h. Motions: M15. Speakers: Pilon, Rainville, Breyen.
Council communications in meeting packets and official record (Rainville RCA entered into record)
The council addressed a dispute over how council-member communications were included (or not included) in prior meeting packets. After Bettinger withdrew a motion to deny Rainville’s RCA, the council voted to enter Rainville’s RCA and its documentation into the official record, with Bettinger opposing.
Agenda: 6i. Motions: M17. Speakers: Bettinger, Rainville, Reighard, Pilon.
Employment and Personnel Policies update (draft review schedule)
Council introduced a draft “Employment and Personnel Policies” document and voted to have council members review it and submit comments by June 25, 2018 so the material can be placed on the July 5 workshop agenda, with the city clerk (or designee) compiling comments for council review.
Agenda: 7. Motions: M18. Speakers: Rainville, Breyen, Bettinger, Reighard.
19 motions on the record. Split votes are highlighted.
M1Rainville made a motion to approve the agenda as amended; Breyen seconded. All in favor; motion carried.
moved by Rainville, seconded by Breyen
All in favor
M2Breyen made a motion to approve the request by Jeffrey Anderson for a Lot Split and flag lot CUP, as recommended by the Planning and Zoning Commission and Planner Stockman and subject to the amended Conditions listed in the City Council Findings and Decision dated May 8, 2018; Bettinger seconded. All in favor; motion carried.
moved by Breyen, seconded by Bettinger
All in favor
M3Breyen made a motion to have the Road and Bridge Committee evaluate and prioritize the roads in need of repair and to authorize staff to get some quotes for patching; Rainville seconded.
moved by Breyen, seconded by Rainville
All in favor; motion carried.
M4Breyen made a motion approve hiring Northern Salts for Dust Control in 2018; Bettinger seconded. All in favor; motion carried.
moved by Breyen, seconded by Bettinger
All in favor
M5Breyen made a motion to approve hiring Asphalt Concrete Solution, Inc. for crack sealing in 2018; Bettinger seconded. All in favor; motion carried.
moved by Breyen, seconded by Bettinger
All in favor
M6Breyen made a motion to approve the amended Consent Agenda Items; Rainville seconded. All in favor; motion carried.
moved by Breyen, seconded by Rainville
All in favor
M7Rainville's motion is that given it's apparent that two Council members on the hiring committee are deadlocked in their selections, and efforts have been made to influence how the other council members view the other candidates, that the City Council terminates the current effort and contacts the League of MN Cities to discuss what, if any assistance they can provide to the city regarding the hiring process. The mayor is to report the outcome of this discussion at the June 7, 2018 workshop.
moved by Rainville, seconded by Reighard
M8Bettinger made a motion to keep the assessments as one per parcel as originally proposed; Breyen seconded. All in favor; Motion carried.
moved by Bettinger, seconded by Breyen
All in favor
M9Pilon made a motion to table this until a funding source could be found; Breyen seconded. All in favor; motion carried.
moved by Pilon, seconded by Breyen
All in favor
M10Bettinger made a motion to deny the request for contract street sweeping and that staff use the Tenant Sweeper in the curb and gutter areas and the John Deere sweeper in other locations; Breyen seconded. All in favor; motion carried.
moved by Bettinger, seconded by Breyen
All in favor
M11Pilon made a motion to have Rainville and Breyen go out to the resident on 210th Ave and work with staff to minimize the conflict; Rainville seconded. All in favor; motion carried.
moved by Pilon, seconded by Rainville
All in favor
M12Bettinger made a motion to approve the plans and specs and to Adopt Resolution 2018-12; Reighard seconded. All in favor; motion carried.
moved by Bettinger, seconded by Reighard
All in favor
M13Bettinger made a motion to schedule a Special City Council Meeting on May 15th at 6:30 PM to approve the Plans and Specs for Old Viking Blvd and Adopt a Resolution; Reighard seconded. All in favor; motion carried.
moved by Bettinger, seconded by Reighard
All in favor
M14Reighard made a motion to table the Farmers Market budget until the June Meeting; Breyen seconded. All in favor; motion carried.
moved by Reighard, seconded by Breyen
All in favor
M15Pilon made a motion to have Rainville and Pilon go to the County and ask them if we can get our additional $30,000 in funds back for having a Full Service Recycling Center before we sign the Recycing Center Agreement; Breyen seconded. All in favor; motion carried.
moved by Pilon, seconded by Breyen
All in favor
M16Pilon made a motion to have Planner Stockman advise the Maintenance Staff to put out the land use signs when appropriate; Bettinger seconded. All in favor; motion carried.
moved by Pilon, seconded by Bettinger
All in favor
M17Rainville made a motion that her RCA with documentation be entered into the record, which assures her that she is afforded the same consideration as Bettinger; Pilon seconded. Four in favor; Bettinger opposed. Motion carried.
moved by Rainville, seconded by Pilon
Four in favor; Bettinger opposed.
M18Rainville amended to her motion that the information is provided to Council by June 25th for placement on the July 5th workshop agenda; Breyen seconded. All in favor; motion carried.
moved by Rainville, seconded by Breyen
All in favor
M19Rainville made a motion to adjourn the meeting; Breyen seconded. All in favor; motion carried.
moved by Rainville, seconded by Breyen
All in favor
Each figure links back to the document it came from. When the council voted on the amount, the motion is shown.
F1
Park and trail fees in lieu of land for the Anderson lot split; to be paid prior to recording.
fee · Anderson lot split / flag lot CUP
$2,500
inflow
F2
Estimated cost for Rogers Lake area road improvement project discussed for potential bonding.
estimate · Rogers Lake area repair project
$800,000
unknown
Council approval status: not yet on record.
F3
Funds remaining from 2017 budget referenced as potentially allocable to Rogers Lake pits repair work.
other · Road Improvement Fund / Rogers Lake area · FY 2017
$22,000
unknown
Council approval status: not yet on record.
F4
Northern Salt dust control bid price shown in bid table; council approved hiring Northern Salts.
contract · Dust control 2018 · FY 2018
$31,215.82
outflow
F5
Asphalt Concrete Solution, Inc. crack sealing bid price shown in bid table; council approved hiring Asphalt Concrete Solution, Inc.
contract · Crack sealing 2018 · FY 2018
$35,154
outflow
F6
Total for selected claims in claims history (claims #702-#750 range) presented for audited bills approval.
expenditure · Audited bills claims #702-#750 · FY 2018
$114,866.42
outflow
F7
Donation from Elk River Youth Hockey Association accepted by Resolution 2018-11.
donation · Donations · FY 2018
$3,317.8
inflow
F8
Transfer of donated gambling funds from Ham Lake Chamber of Commerce into Fire Equipment Fund for Blitzfire Attack nozzle purchase.
transfer · Fire Equipment Fund transfer · FY 2018
$3,000
transfer
F9
Deposit of gambling funds from Elk River Youth Hockey Association into Fire Equipment Fund for Blitzfire Attack nozzle purchase.
transfer · Fire Equipment Fund transfer · FY 2018
$1,010
transfer
F10
Blitzfire Attack nozzle purchase amount referenced in RCA for transferring donated gambling funds; approved as part of consent agenda.
expenditure · Fire equipment purchase · FY 2018
$4,010
outflow
F11
Street sweeping quote from On-Call Sweeping for 210th Ave, Cobalt St, and 215th Ave; council denied contracting request.
contract · Street sweeping quote · FY 2018
$600
outflow
Council approval status: not yet on record.
F12
Nowthen Farmers Market 2018 budget total; council tabled the budget until June meeting.
budget · Farmers Market budget · FY 2018
$950
outflow
Council approval status: not yet on record.
F13
Approved total funding for 2018 Residential Recycling Program shown in Attachment C; council delayed signing pending pursuit of additional funds.
grant · Anoka County recycling agreement · FY 2018
$28,820
inflow
Council approval status: not yet on record.
F14
Council-directed request to county to try to get 'additional $30,000' full-service funding back before signing recycling agreement.
grant · Potential additional recycling funds · FY 2018
$30,000
inflow
F15
Engineer estimate for Pinnaker Lake Estates Road Project total cost referenced in Resolution 2018-12.
estimate · Pinnaker Lake Estates road improvement · FY 2018
$149,000
unknown
F16
City portion of Pinnaker Lake Estates Road Project cost declared in Resolution 2018-12.
capital_project · Pinnaker Lake Estates road improvement · FY 2018
$74,500
outflow
F17
Assessed portion of Pinnaker Lake Estates Road Project declared in Resolution 2018-12.
assessment · Pinnaker Lake Estates road improvement · FY 2018
$74,500
inflow
F18
Recycling Center overhang quote noted as '6,250.00 LOCK-IN BEFORE MAY IST'; council tabled item pending funding source.
estimate · Recycling Center overhang quote · FY 2018
$6,250
unknown
When someone tried to remember earlier business, we cross-reference the corpus and write a short related-history note.
Reighard said that the City Council previously agreed, per a motion, to have two Council Members go out and do a site visit of the property and determine what animals he has and if he is running a business.
— Reighard
What this is about
Refers to a prior council motion requiring two council members to do a site visit at 5980 187th Ave (Guyer property) for code enforcement verification.
The resolver has not run for this cue, or the search did not find a strong match in the corpus.
Rainville said she would be hard pressed at a time when something came with the packet that was not associated or not included as an agenda item.
— Rainville
What this is about
Recalls earlier packet/agenda handling and whether non-agenda items were included in the meeting packet, tied to a prior dispute between council members.
The resolver has not run for this cue, or the search did not find a strong match in the corpus.
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