Loading records…
Tuesday, March 10, 2015
Agenda
Not posted
What was on the agenda.
One-line summary
The Council approved multiple land-use actions (Perkins zoning amendment and façade CUP; Cleath variance), advanced roadwork and Earth Day cleanup plans, authorized MS4 ordinance revisions (not to exceed $1,890), and held back payment of The Planning Company claim pending clarification.
28 items as recorded in the packet and minutes.
0Approve/amend the meeting agenda
Agenda amended to add alcohol-proximity discussion and to pull consent items 6.1.1 and 6.1.3 for discussion.
1Sheriff Update
Lt. Wayne Heath reported calls for February 2015; council thanked responders to a cold-weather fire.
2Floor Items
Public comments included P&Z chair concerns, committee appointments, meeting recording/microphones, staff criticism over data practices, request for Mayor response to December meeting submissions, Perkins project comments, and concern about a potential bar next door to an existing establishment.
3Adopt Resolution 2015-03 - A Resolution Making Formal Appointments to Commission and Committees
Initial motion failed; later motion carried to approve appointments but remove Architectural Review Committee from the resolution; then Council established Architectural Review Committee as existing City Council members.
4aPlanning and Zoning — Richard Halldorson — 18560 Cleary Road — Code Enforcement/CUP
Discuss decision made at last meeting; fence plans and Architectural Review Committee review.
Council directed Halldorson to submit proposed fence plans to the Architectural Review Committee.
4b1Planning and Zoning — Dave Perkins — Ordinance amendment to allow residential use to be re-established in C-1 after commercial use (Ordinance 2015-01)
Amendment to Section 11-3-8 (C-1 District) to allow existing homes to be turned back to residential uses after having been converted to a commercial use.
Approved ordinance amendment with conditions requiring IUP and CUP applications and requiring Perkins to pay processing costs/escrow.
4b2Planning and Zoning — Dave Perkins — Conditional Use Permit for façade materials (Section 11-5-3)
CUP to allow deviation from building material requirements for façade changes.
Approved CUP with conditions to build per Exhibit A plans and obtain a building permit.
4cPlanning and Zoning — Walter and Minako Cleath — Variance for Bass Lake setback (150 ft required; 100 ft proposed)
Variance to allow construction of a +/- 3,000 sq ft house and attached garage closer to the lake than the 150 ft setback requirement; proposal is 100 ft setback.
Approved variance with 7 conditions including DNR review/approval and revised survey details.
5aRoad and Bridge — Crack Seal Plan
Authorize bids for crack sealing using a bid template.
Public works directed to obtain bids using a template.
5bRoad and Bridge — Gravel Plan
Approve graveling plan and material costs (class 5 and recycling material).
Approved graveling plan; costs stated by Glaze for class 5 and recycling material.
6Park and Recreation Update — Earth Day Cleanup support
Support Earth Day Cleanup Day scheduled for April 22, 2015 5:00–7:00 p.m. at Twin Lakes Park; printing flyers at City Hall; staff support and garbage collection.
Council approved support, staff availability/time adjustment, and City Hall printing.
7.1.1Consent Agenda item 1.1 — Approve January 13 and February 10, 2015 Council Meeting Minutes
Approved with corrections to January 13 and February 10 minutes as stated during discussion.
7.1.2Consent Agenda item 1.2 — Financial Report
Approved separately before other consent items.
7.1.3Consent Agenda item 1.3 — Approve audited bills Claim #9315 through Claim #9353 plus net distribution reports
Council approved all claims except Claim #9348; payment to The Planning Company was held pending clarification.
8aCouncil Items — Replace Unit Heating in Fire Station
Determine whether replacement unit heater should be upgraded; work with heating companies.
Bettinger and Reighard directed to work with heating companies to determine if unit needs upgrading.
8bCouncil Items — Council Meeting Policy
Motion to repeal seating assignments failed; separate motion to discuss prior to motions failed.
No policy change adopted; motions failed.
8cCouncil Items — Council Reimbursement Policy
Adopt reimbursement policy; discussion about clarity for authorization and meals.
Policy approved by 4-1 vote.
8dCouncil Items — Wage Study/employee reviews and raises
Direct staff to prepare an RFP for a wage study step system; RFP to return to Council for approval before going out.
Motion carried with amendment requiring Council approval of the RFP.
8eCouncil Items — Renew ad in Chamber of Commerce Official Map?
Consider renewing map ad; motion not to renew carried.
Council voted not to renew the ad.
8fCouncil Items — Minnesota Mayors Association Annual Conference
Approve Mayor attendance April 24-25.
Approved Pilon to attend the conference.
8gCouncil Items — Renew Safe Assure Contract - No Increase from last year
Renew safety consulting contract.
Renewed SafeAssure contract.
8hCouncil Items — Concrete Work - Recycling Center Concrete Specs
Go out for quotes; amend specs to include removal option, contractor site review times, etc.
Motion carried to solicit quotes with amended specs.
8iCouncil Items — MS4 Reporting Requirements
Move forward with ordinance revisions for MS4 permit compliance; cost not to exceed $1,890.
Council authorized ordinance revisions not to exceed $1,890.
8jCouncil Items — Setting Court Fines
Authorize Kurt Glaser to prepare documents for setting fines and present to Council.
Council authorized prosecuting attorney to prepare documents.
8kCouncil Items — RB's Computer - Security Upgrades
Table security upgrades pending additional input; vote 4-1.
Tabled; Scheffler opposed.
8lCouncil Items — Data Practices Request Form / policy revision discussion
Review Rainville proposal and state statute; continue discussion next meeting; consider attorney input.
Motion carried to review proposal/statute and continue discussion at next meeting.
8mCouncil Items — Separation of alcoholic establishments (proximity)
Discuss possible ordinance about proximity of alcoholic establishments; motion failed for lack of second after amendment proposing draft resolution and attorney work.
No action taken; motion failed for lack of second.
9Introduction of New Items
No new items were presented.
What this meeting did about specific topics, organized by issue rather than by document.
Resolution 2015-03 commission and committee appointments, including Architectural Review Committee status
The Council attempted to adopt Resolution 2015-03 with a set of appointments for Planning & Zoning, Park & Recreation, Road & Bridge, and the Architectural Review Committee, but the initial motion failed 2-3. A later motion carried to approve appointments while removing Architectural Review Committee appointments from the resolution until roles could be defined, and then the Council voted to establish the Architectural Review Committee as the existing City Council members.
Agenda: 3. Motions: M2, M4, M5. Speakers: Rainville, Bettinger, Scheffler, Reighard, Pilon, LaDoucer.
Richard Halldorson screening fence and CUP/code enforcement at 18560 Cleary Road
The Council revisited the Halldorson property fence issue and directed that Mr. Halldorson submit his proposed fence plans to the Architectural Review Committee for review, consistent with prior workshop discussion about how the fence should be handled.
Agenda: 4a. Motions: M6. Speakers: Rainville, Bettinger.
Dave Perkins zoning ordinance amendment (Ordinance 2015-01) to re-establish residential use in C-1 commercial zoning
The Council approved a zoning ordinance amendment requested by Dave Perkins for 19745 Nowthen Blvd to allow a residence that had been used commercially to be re-established as residential through an interim use permit, with conditions requiring Perkins to apply for an IUP and a CUP and to pay processing costs including planner/engineer/attorney review and additional escrow as needed. Rainville raised concerns about due diligence and fee waivers, but the motion passed 4-1.
Agenda: 4b1. Motions: M7. Speakers: Perkins, Rainville, Bettinger, Pilon.
Dave Perkins Conditional Use Permit for façade material deviation (Section 11-5-3)
The Council approved a Conditional Use Permit for Dave Perkins to deviate from building material requirements for façade changes, conditioned on construction per Exhibit A plans (or revised plans submitted for review) and obtaining a building permit before starting work. Rainville objected that the proposal did not conform to the ordinance and lacked negotiation to meet part of the guideline, but the motion passed 4-1.
Agenda: 4b2. Motions: M8. Speakers: Perkins, Rainville, Bettinger, Pilon.
Walter and Minako Cleath variance for Bass Lake setback (100 ft instead of 150 ft)
The Council approved a variance for Walter and Minako Cleath to build a new home on their 10.96-acre Bass Lake property with a 100-foot setback rather than the required 150 feet, adopting detailed conditions such as revising the survey to show septic and other features, maintaining vegetative screening, obtaining DNR approval, and securing permits and code compliance.
Agenda: 4c. Motions: M9. Speakers: Bettinger, Rainville.
2015 road maintenance planning: crack sealing bids and gravel plan costs
The Council directed public works (Glaze) to obtain bids for crack sealing using a consistent bid template. The Council also approved the gravel plan after Glaze presented estimated costs for class 5 gravel and recycling material, and the Council approved the plan as within the budget.
Agenda: 5a, 5b. Motions: M10, M11, M12. Speakers: Rainville, Scheffler, Pilon, Glaze, Bettinger.
Earth Day 2015 Twin Lakes Park cleanup support
The Council agreed to support the Park and Recreation Committee’s Earth Day cleanup at Twin Lakes Park (April 22, 2015, 5–7 p.m.), including City Hall printing of flyers and arranging for staff to be available to collect garbage and answer questions, with staff time adjusted to support the event.
Agenda: 6. Motions: M13. Speakers: Herrala, Pilon, Rainville.
Audited bills and holding The Planning Company claim #9348 pending clarification
While acting on audited bills (claims 9315–9353), the Council discussed confusion around public notice publications and asked for clarification on The Planning Company invoice. The Council voted to hold payment to The Planning Company until further clarification of charges and then approved all claims except Claim #9348.
Agenda: 7.1.3. Motions: M16, M17. Speakers: Pilon, Rainville, Scheffler.
MS4 permit compliance ordinance revisions cost cap
The Council authorized moving forward with ordinance revisions needed for MS4 permit compliance, approving staff’s presented cost estimate and setting a not-to-exceed amount of $1,890.
Agenda: 8i. Motions: M29. Speakers: Rainville, Scheffler, Bettinger, Reighard.
Setting payable court fines document preparation by prosecuting attorney
The Council authorized Kurt Glaser to prepare documents for setting fines (with input anticipated from Council) and present them to the Council, noting it had been discussed and that the work could take about 10 hours.
Agenda: 8j. Motions: M30. Speakers: Scheffler, Rainville, Pilon.
RB’s Computer security upgrades tabled
The Council tabled the proposed security upgrades for the city’s computers, with Rainville stating she wanted additional input and Scheffler opposing the tabling motion.
Agenda: 8k. Motions: M31. Speakers: Rainville, Pilon, Scheffler.
Data practices policy and forms review prompted by October 2014 incident
The Council agreed to review Rainville’s proposal for a revised Data Practices policy, procedures, and forms and to bring the state statute and existing policy to continue discussion at the next meeting. Discussion included interest in attorney input and the importance of data practices and open meeting law compliance.
Agenda: 8l. Motions: M32, M33. Speakers: Rainville, Pilon, Bettinger, Scheffler, Reighard.
Proximity of alcoholic establishments and possible ordinance changes
The Council discussed concerns about the proximity of alcohol-serving establishments and whether to add ordinance language. Rainville’s initial motion to begin discussions was seconded, but after she amended it to propose drafting a resolution with the city attorney and moving quickly toward a public hearing, the motion failed for lack of a second; members also discussed legal risks and the need for attorney advice.
Agenda: 8m. Motions: M34, M35. Speakers: Rainville, Reighard, Bettinger, Pilon, LaDoucer, Scheffler.
36 motions on the record. Split votes are highlighted.
M1Bettinger made a motion to approve the meeting agenda; Reighard seconded.
moved by Bettinger, seconded by Reighard
All in favor; motion carried.
M2Bettinger made a motion to adopt Resolution 2015-03 with the following appointments: P&Z Commission - Harold Jorgensen, Barry Wagner, Robert Mahutga, Dale Ames and Walter Cleath; P& R Committee - Dan Williams, Chris Bassett, Judy Herrala; R&B Committee - Dave Shook, Perry Olson, Phil Nicholas, Al Viall; Architectural Review Comm. - Andy Schreder, Dan Swanson, Jim Scheffler.
moved by Bettinger, seconded by Scheffler
M3Rainville made a motion to appoint the members for the P&Z, Park and Rec. and Road and Bridge Committees, as presented and to keep the existing Architectural Review Committee as follows: Andy Schreder, Bill Schulz, Sue Pilon, Harlan Meyer and Dan Swanson, until they have roles and responsibilities defined for that committee; Pilon seconded.
moved by Rainville, seconded by Pilon
M4Reighard made a motion to approve the appointments, as presented, with the removal of the appointments to the Architectural Review Committee from the Resolution, until such a time that they can define the roles of the Committee; Rainville seconded.
moved by Reighard, seconded by Rainville
M5Rainville made a motion to the existing Architectural Review Committee be established as existing City Council Members; Reighard seconded.
moved by Rainville, seconded by Reighard
All in favor; motion carried.
M6Rainville stated that based on discussion at the workshop, she made a motion to have Mr. Halldorson submit his proposed plans for the fence to the Architectural Review Committee; Bettinger seconded.
moved by Rainville, seconded by Bettinger
All in favor; motion carried.
M7Bettinger made a motion to approve the request by Dave Perkins for an amendment to Section 11-3-8 (C-1 District) as recommended by the Planning & Zoning Commission, with the following conditions: 1. Mr. Perkins makes application for an IUP to allow for re-establishment of the residential use according to the amendment and the required public hearing is noticed and held before the Planning and Zoning Commission; 2. Mr. Perkins makes application for a CUP to accommodate the multiple principal uses on a single parcel according to Section 11-3-8.C.7 and the required public hearing is noticed and held before the Planning and Zoning Commission; 3. Mr. Perkins is responsible for all costs associated with the processing of the requests, including City Planner, City Engineer and City Attorney costs in the review of subdivision, site and building plans necessary to meet the requirements outlined in Ordinance 2015-01 and additional escrow monies shall be submitted as necessary.
moved by Bettinger, seconded by Reighard
M8Bettinger made a motion to approve Dave Perkins request for a Conditional Use Permit to allow deviation from the building material requirements under the terms of Section 11-5-3 for façade changes, as recommended by P&Z, with the following conditions: 1. The facade is constructed according to the plans attached as Exhibit A, or revised plans are submitted to the City for review; 2. A building permit is submitted to and approved by the City Building Official prior to beginning construction.
moved by Bettinger, seconded by Reighard
M9Bettinger made a motion to approve the request by Walter and Minako Cleath for a variance to allow construction of a new home on the 10.96 acre property owned on Bass Lake and a setback of 100 feet instead of the required 150 ft. setback; as recommended by P&Z with the following conditions: 1. The site survey is revised to include: a. Revised structure placement, if required; b. The location of the septic system and all associated equipment as approved by the Building Official; c. Existing elevations along the perimeter of the house needed to determine building height; d. Impervious surface calculations; e. Lowest floor elevation; f. The location of the proposed water well; g. The proposed driveway, sidewalk, steps and other impervious surfaces; h. Any planned accessory building locations; i. Silt fence and temporary stockpile locations; j. Rock construction entrance. 2. Vegetative screening will be maintained between the house and the lake. When trees and shrubs die, they will be replaced with similar species. 3. The DNR reviews and approves the proposed structure location. 4. The Public Works Supervisor reviews and approves the existing culvert(s) or a driveway permit is obtained from the City prior to any work commencing on site. 5. A building permit is obtained prior to beginning construction. 6. The project is in compliance with all applicable City and State Building Codes. 7. The applicant and property owner are responsible for all costs incurred during the review of this request by the City and its representatives.
moved by Bettinger, seconded by Rainville
All in favor; motion carried.
M10Scheffler made a motion for Glaze to move forward with obtaining bids for the crack sealing; Rainville seconded.
moved by Scheffler, seconded by Rainville
All in favor; motion carried.
M11Scheffler amended his motion to include using a template for the crack sealing bids; Rainville seconded.
moved by Scheffler, seconded by Rainville
All in favor; motion carried.
M12Bettinger made a motion to approve the graveling plan, as it is within the budge; Scheffler seconded.
moved by Bettinger, seconded by Scheffler
All in favor; motion carried.
M13Rainville made a motion to approve the support of Earth Day and that a staff person is available during this time to collect the garbage and is available for questions and that their time is adjusted to support this and that the printing be done at the City Hall; Reighard seconded.
moved by Rainville, seconded by Reighard
All in favor; motion carried.
M14Rainville made a motion to approve Consent Agenda item 1.2; Bettinger seconded.
moved by Rainville, seconded by Bettinger
All in favor; motion carried.
M15Pilon made a motion to approve the corrections of the January 13 and February 10th Meeting Minutes; Rainville seconded.
moved by Pilon, seconded by Rainville
All in favor; Motion Carried
M16Pilon made a motion to hold payment to the Planning Company until the Council gets further clarification of the charges; Rainville seconded.
moved by Pilon, seconded by Rainville
All in favor; motion carried.
M17Pilon made a motion to approve all claims except for Claim #9348; Scheffler seconded.
moved by Pilon, seconded by Scheffler
All in favor; motion carried.
M18Rainville made a motion to have Bettinger and Reighard work with the heating companies to determine if the unit needs to be upgraded; Reighard seconded.
moved by Rainville, seconded by Reighard
All in favor; motion carried.
M19Bettinger made a motion to repeal 1-1-20, seating assignments, from the Council Meeting Policy.
moved by Bettinger
Motion failed for lack of second.
M20Scheffler made a motion to approve having a discussion prior to the motions; Bettinger seconded.
moved by Scheffler, seconded by Bettinger
Bettinger and Scheffler in favor; Three opposed. Motion failed.
M21Bettinger made a motion to approve the Council Reimbursement Policy; Reighard seconded.
moved by Bettinger, seconded by Reighard
Four in favor; Pilon opposed. Motion carried.
M22Bettinger made a motion to have staff prepare a request for proposals to have a wage study done for a step system.
moved by Bettinger, seconded by Scheffler
All in favor; motion carried.
M23Bettinger amended his motion to include that the request for proposals goes before the Council for approval; Scheffler seconded the amendment.
moved by Bettinger, seconded by Scheffler
All in favor; motion carried.
M24Scheffler made a motion not renew the ad in the Chamber of Commerce Map; Bettinger seconded.
moved by Scheffler, seconded by Bettinger
All in favor; motion carried.
M25Rainville made a motion to approve Pilon to attend the Conference on April 24th and 25th; Reighard seconded.
moved by Rainville, seconded by Reighard
All in favor; motion carried
M26Bettinger made a motion to renew the Safe Assure Contract; Rainville seconded.
moved by Bettinger, seconded by Rainville
All in favor; motion carried.
M27Scheffler made a motion to go out for quotes for the concrete work at the recycling center; Bettinger seconded.
moved by Scheffler, seconded by Bettinger
All in favor; motion carried.
M28Scheffler amended his motion to include Rainville's suggestions; Bettinger seconded the amendments.
moved by Scheffler, seconded by Bettinger
All in favor; motion carried.
M29Rainville made a motion to move forward with the ordinance revisions as presented by staff, in an amount not to exceed $1,890; Scheffler seconded.
moved by Rainville, seconded by Scheffler
All in favor; motion carried.
M30Scheffler made a motion to approve Kurt Glaser to prepare the documents for setting fines, which is to be presented to the Council; Rainville seconded.
moved by Scheffler, seconded by Rainville
All in favor; motion carried.
M31Rainville made a motion to table the security upgrades...; Pilon seconded.
moved by Rainville, seconded by Pilon
Four in favor; Scheffler opposed. Motion carried.
M32Rainville made a motion that the Council revise the Data Practices Request Policy, procedures and associated forms. Pilon seconded.
moved by Rainville, seconded by Pilon
All in favor; motion carried.
M33Rainville amended her motion for the Council to review her proposal for a new Data Practices Policy and Procedures. Rainville will pull the state statute and the existing policy and continue the discussion at the next meeting; Pilon seconded.
moved by Rainville, seconded by Pilon
All in favor; motion carried.
M34Rainville made a motion to move forward with discussions on whether or not the Council wants to put something in ordinance in regards to the proximity of alcoholic establishments; Reighard seconded.
moved by Rainville, seconded by Reighard
Motion later failed for lack of second after amendment.
M35Rainville amended her motion to have two Council members put together a draft resolution, in conjunction with working with the City attorney.
moved by Rainville
Motion failed for lack of second.
M36Rainville made a motion to adjourn the meeting at 10:17 p.m .; Bettinger seconded.
moved by Rainville, seconded by Bettinger
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
Treasurer's report cash balance Pine River State Bank as of 02-28-15.
treasurer_report · Treasurer report
$929,967.47
unknown
F2
Total of all Cash in Bank accounts as of 02-28-15.
treasurer_report · Treasurer report
$1,404,365.5
unknown
F3
CD investments total (current investments).
treasurer_report · Treasurer report
$474,398.03
unknown
F4
Total for selected claims (claims history).
expenditure · Audited bills (claims)
$31,833.59
outflow
F5
Claim #9348 The Planning Company LLC planning services; Council held payment pending clarification and approved all claims except this claim.
invoice · Audited bills (claims)
$8,168.94
outflow
F6
Claim #9337 ECM Publishers legal/public notices; discussed as confusing bundling of notices.
invoice · Audited bills (claims)
$193.5
outflow
F7
Air Comfort Heating proposal for replacement of unit heater (Modine 150,000 BTU) parts and labor; plus permit fees; lift not included.
estimate · Fire station unit heater replacement estimates
$2,215
unknown
F8
Superior Heating estimate to install new Modine 150 BTU unit heater, includes tax, labor, material, and permits (with note about venting).
estimate · Fire station unit heater replacement estimates
$2,376
unknown
F9
SafeAssure annual contract amount (before Damarco services).
contract · SafeAssure contract
$1,313
outflow
F10
SafeAssure Damarco services (MSDS on-line).
contract · SafeAssure contract
$100
outflow
F11
SafeAssure annual total.
contract · SafeAssure contract
$1,413
outflow
F12
Total cost for MS4 ordinance revisions (engineer/planner/attorney) not to exceed $1,890; Council authorized ordinance revisions with this cap.
contract · MS4 compliance
$1,890
outflow
F13
Engineer proposal not-to-exceed cost to draft MS4 ordinance revisions and attend two meetings.
contract · MS4 compliance
$1,200
outflow
F14
Cost to renew City ad on Anoka Area Chamber of Commerce Official Map (Council voted not to renew).
other · Chamber map advertising
$295
outflow
F15
Class 5 gravel costs for gravel plan: 9872 tons at $4.75/ton total $46,892.00.
expenditure · Road and bridge gravel plan
$46,892
outflow
F16
Recycling material costs for gravel plan: 221 tons at $11.00/ton total $2,431.00.
expenditure · Road and bridge gravel plan
$2,431
outflow
F17
Earth Day cleanup flyers printing estimated cost: 250 x .062400 = $15.60.
expenditure · Earth Day cleanup
$15.6
outflow
When someone tried to remember earlier business, we cross-reference the corpus and write a short related-history note.
We need to discuss with the City about who comprises the Architectural Review Committee at the present time. At one point, I thought you and I were part of that group (unless my memory fails me), as I recall meeting with a property owner several years ago.
— Elizabeth Stockman
What this is about
Planner recalling prior understanding of who served on the Architectural Review Committee.
The resolver has not run for this cue, or the search did not find a strong match in the corpus.
Ames said it's like when the P & Z dealt with the Deschenes property and they were asked for road easement over there too when he was building his home.
— Ames
What this is about
P&Z chair recalled a prior case (Deschenes property) involving road easement requests.
The resolver has not run for this cue, or the search did not find a strong match in the corpus.
Pilon also stated that there was also a statement in the February minutes that the Record doesn't do retractions unless you write an editorial. Pilon stated that he has seen something in the Record since that time, about corrections. Apparently, corrections they do and retractions they do.
— Pilon
What this is about
Mayor recalled what was said in prior (February) minutes and corrected/clarified based on later information.
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.
City Council Meeting — 2015-03-10 CC Packet 1 of 2 (2015-03-10)
Packet · 2015-03-10
102 pages
City Council Meeting — 2015-03-10 CC Packet 2 of 2 (2015-03-10)
Packet · 2015-03-10
85 pages
City Council Meeting — 2015-03-10 City Council Minutes (2015-03-10)
Minutes · 2015-03-10
22 pages
The structured brief on this page is auto-generated and may need correction. The PDFs and the meeting recording remain the official record.