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Tuesday, November 10, 2015
Agenda
Not posted
What was on the agenda.
Packet
Not posted
The supporting materials council reviewed.
One-line summary
Council held a special assessment public hearing, adopted Resolution 2015-18 with multiple assessments (including some forgiven/reduced), approved several planning and zoning items (including an alternative energy ordinance), addressed park and recreation actions (skating rink, ballfield lime), approved the consent agenda, and debated attorney-communication and committee-liaison policies.
30 items as recorded in the packet and minutes.
PHPublic Hearing — Special Assessment Hearing for delinquent fire calls, service charges, hazardous building abatement and administrative citations
Public hearing with property owners and staff discussing citations, communication issues, and cleanup status; hearing closed at 7:00 PM.
Public hearing held; hearing closed at 7:00 PM.
CC-0Approve/amend the meeting agenda
Agenda amended to remove appointments under P&Z and R&B; add items 9.e, 5.g (Jerry Bauer), 9.f, and 9.g; approved as amended.
1Adopt Resolution 2015-18 — Certifying delinquent fire calls, service charges, hazardous building abatement and administrative citations
Council discussed multiple properties/assessments (including Van Sickle, Olsen, Eisenschenk, Barrows, Rohach, Halldorson, Paone) and adopted Resolution 2015-18 as stated.
2Sheriff Update
Sgt. Andy Knots provided October 2015 calls update; noted Anoka County Management system change and traffic safety trends; agreed to check CR 22/CR 66 accident trends.
3Floor Items
Public comments included requests/concerns about Road and Bridge committee voting method, alleged Code of Conduct violations, Heritage Festival report, concerns about committee processes, workshops, and staffing/roles.
4Stepping Stone (Emergency Housing — Julie Jeppson) — Request for donation
Council denied donation request, citing limited use by Nowthen residents and budget concerns; some discussion of possible future budgeting.
5aPlanning & Zoning — Thomsen subdivision (6215 187th Ave NW)
Approved subdivision request and developers agreement to split off one five-acre lot and plat remainder as an outlot.
5bPlanning & Zoning — Mark Johnson gun range IUP amendment (withdrawn)
Council accepted withdrawal and denied the request to amend RRA district to allow gun ranges as an interim use permit, based on findings of fact dated Nov. 10, 2015.
Request stated as withdrawn; council motion accepted withdrawal and denied request based on findings of fact.
5cPlanning & Zoning — Dean Wirz CUP and Variance for lot split (LRUS; lot size deviation)
Approved request for CUP and variance based on findings of fact dated Nov. 10, 2015.
5dPlanning & Zoning — WECS & Solar Systems ordinance amendment (Chapter 11)
Approved Ordinance 2015-06 amending Chapter 11 for wind conversion/alternative energy systems; also approved summary ordinance for publication.
5ePlanning & Zoning — Dale Heide permitted home occupation (deal/sell firearms)
Approved permitted home occupation request to deal/sell firearms.
5fPlanning & Zoning — Approve summary of Flood Plain Ordinance for publication
Approved summary Flood Plain Ordinance for publication.
5gPlanning & Zoning — Jerry Bauer timeline and property cleanup deadline
Council accepted Bauer's new timeline, amended to require entire property cleaned up by March 1, 2016; motion carried 3-2 with Pilon and Rainville opposed.
Approved with amendment setting cleanup deadline of March 1, 2016; passed 3-2 (Pilon and Rainville opposed).
6aRoad and Bridge — Plaque / Mission Statement
Motion to move forward with mission statement and plaque at City Hall (costs offered by a committee member) failed 4-1.
Motion failed with Rainville in favor and four opposed.
7aPark and Recreation — Skating/Hockey rink at Nowthen Memorial Park
Council approved placing a skating surface in the northeast corner of the park, using regular staff hours only; amended to include written agreement with Mork Well and confirmation of liability.
Motion carried 3-2 (Rainville and Pilon opposed) after amendment requiring written agreement and liability confirmation.
7bPark and Recreation — Ballfield lime purchase
Approved purchase of $2,000 worth of lime for ball fields, to be funded from Ramsey Lions donation from backstop repair.
8-1.1Consent Agenda — Approve October 13, 2015 Regular City Council Meeting Minutes
Approved as part of consent agenda motion.
8-1.2Consent Agenda — Financial Report
Approved as part of consent agenda motion.
8-1.3Consent Agenda — Approve all audited bills claim #9731 through #9775 plus Net Distribution reports (Oct 12, 19 and Nov 4, 2015)
Approved as part of consent agenda motion.
8-1.4Consent Agenda — Adopt Resolution 2015-17 (penalty for tobacco violation at Burns Bottle Shop)
Approved as part of consent agenda motion.
8-1.5Consent Agenda — Adopt Resolution 2015-19 (accept donation from Pat Smuder)
Approved as part of consent agenda motion.
9aCouncil Items — Authorization for communication with the attorney
Council debated routing attorney contact through clerk/deputy clerk; first motion failed; second motion carried requiring attorney communications be forwarded to full council as soon as contact is made.
Initial motion failed; subsequent motion carried setting process for attorney communications.
9bCouncil Items — Requests from public to be placed on council agenda
Motion for residents to use Request for Council Action form and have discussion at workshop failed 3-2.
Motion failed (Pilon and Rainville in favor; three opposed).
9cCouncil Items — Renew Embedded Systems Inc. annual siren maintenance contract
Approved annual siren maintenance contract; annual fee $527.16 (no change from last year).
9dCouncil Items — Council directive (follow-through)
Scheffler stated he would like council directives followed in the future.
9eCouncil Items — One council member only as a non-voting committee/commission liaison (direct staff to change code)
Council directed staff to change code to one council member as non-voting liaison; discussion included need to define roles/responsibilities at December workshop.
9fCouncil Items — Report from Local Government Officials Meetings
Rainville attended LGO and gave a verbal report.
9gCouncil Items — Land use change signs (direct staff to check guidelines and prices)
Council directed staff to see what guidelines exist and obtain prices for land use change communication signs.
10Introduction of New Items
No new items presented.
ADJAdjourn
Meeting adjourned at 9:45 PM.
What this meeting did about specific topics, organized by issue rather than by document.
Resolution 2015-18 special assessments (delinquent fire calls, abatements, administrative citations)
The council held a public hearing on delinquent fire calls and code-enforcement related costs, heard from several property owners and staff about notice and compliance issues, and then adopted Resolution 2015-18 with different outcomes by case. The record shows the council assessed the unpaid fire call for Van Sickle ($68.26), removed the Olsen assessment entirely, assessed Eisenschenk ($7,462.40), assessed Barrows ($13,005.80 plus interest totaling $13,786.15), assessed Rohach staff time with interest totaling $1,977.54 after discussion about whether citations were received, assessed Halldorson staff time with interest totaling $917.96, and assessed Paone with interest totaling $2,125.30.
Agenda: PH, 1. Motions: M-02. Speakers: Pilon, Schreder, Halldorson, Olsen, Rohach, LaDoucer, Rainville, Bettinger, Reighard, Scheffler.
Thomsen subdivision at 6215 187th Ave NW
The council approved a request by Eric, Karla and Cory Thomsen to subdivide their property, splitting off a five-acre lot and platting the remainder as an outlot until future development is desired, and approved the developers agreement.
Agenda: 5a. Motions: M-04. Speakers: Rainville, Bettinger.
Mark Johnson request to amend RRA district to allow gun ranges (withdrawn)
The council addressed a previously submitted request by Mark Johnson to amend the Rural Residential Ag District to allow gun ranges as an interim use permit; the request was stated as withdrawn, and the council accepted the withdrawal and denied the request based on findings of fact dated November 10, 2015.
Agenda: 5b. Motions: M-05. Speakers: Rainville, Bettinger.
Dean Wirz CUP and variance for LRUS lot split (20822 St. Francis Blvd.)
The council approved Dean Wirz’s request for a conditional use permit to allow a lot split under the Long Range Urban Service District terms and a variance to deviate from the maximum two-acre lot size, based on findings of fact dated November 10, 2015.
Agenda: 5c. Motions: M-06. Speakers: Bettinger, Scheffler.
Alternative energy systems ordinance (Ordinance 2015-06)
The council approved Ordinance 2015-06 amending Chapter 11 of the city code to establish regulations for wind conversion alternative energy systems, with discussion about how a specific item would apply to barns and houses, and also approved the summary ordinance for publication.
Agenda: 5d. Motions: M-07, M-08. Speakers: Bettinger, Scheffler, Pilon, Rainville.
Jerry Bauer compliance timeline and property cleanup deadline
The council considered Jerry Bauer’s requested timeline related to moving his business and conditions at the property. After discussion about deadlines and cleanup expectations, the council amended the motion to require the entire property be cleaned up by March 1, 2016, and approved it on a 3–2 vote with Pilon and Rainville opposed.
Agenda: 5g. Motions: M-11. Speakers: Bettinger, Scheffler, Reighard, Rainville, Pilon.
Road and Bridge Committee mission statement plaque proposal
The council considered a request to create a Road and Bridge Committee mission statement and install it as a plaque at City Hall, with a committee member offering to pay the costs. Councilmembers raised concerns about whether the council should define committee roles and whether doing it for one committee meant doing it for all, and the motion failed 4–1.
Agenda: 6a. Motions: M-12. Speakers: Rainville, Pilon, Reighard.
Nowthen Memorial Park skating/hockey rink proposal
The council approved moving forward with placing a skating surface in the northeast corner of Nowthen Memorial Park and limiting staff work to regular hours (no overtime). The council amended the motion to require a written agreement with Mork Well to use their pump and for staff to obtain confirmation about liability; the amended motion carried 3–2 with Pilon and Rainville opposed.
Agenda: 7a. Motions: M-13. Speakers: Reighard, Bettinger, Scheffler, LaDoucer, Rainville, Pilon.
Ballfield lime purchase funded from Ramsey Lions donation
The council approved purchasing $2,000 worth of lime for the ball fields, stating the funds would come from the Ramsey Lions donation connected to backstop repair and noting it was not an annual purchase but done when necessary.
Agenda: 7b. Motions: M-14. Speakers: Reighard, Bettinger.
Attorney communication process and council notification
The council debated whether attorney communications should be routed through the clerk to avoid open meeting law issues and to improve transparency of legal billing and advice. A motion to require communications to go through the clerk (with limited exceptions) failed 3–2; the council then adopted a policy leaving contact to the mayor and city clerk while requiring that communications to and from the attorney, including by other councilmembers, be forwarded to the rest of the council as soon as contact is made.
Agenda: 9a. Motions: M-16, M-17. Speakers: Bettinger, Scheffler, Reighard, Pilon, Rainville.
Embedded Systems Inc. annual siren maintenance contract
The council renewed the city’s annual siren maintenance contract with Embedded Systems Inc. at a stated annual fee of $527.16 (no change from last year).
Agenda: 9c. Motions: M-19. Speakers: Bettinger, Reighard.
Committee/commission liaison code change to one non-voting councilmember
The council directed staff to change the city code to have one councilmember serve as a non-voting committee/commission liaison. Discussion noted the need to define roles and responsibilities for chairs and liaisons, with an expectation to have that discussion at the December workshop; the motion carried.
Agenda: 9e. Motions: M-20. Speakers: Bettinger, Scheffler, Rainville, Pilon, Reighard.
22 motions on the record. Split votes are highlighted.
M-01Pilon made a motion to approve the amended agenda; Bettinger seconded.
moved by Pilon, seconded by Bettinger
All in favor; motion carried.
M-02Bettinger made a motion to adopt Resolution 2015-18, A Resolution Certifying Delinquent Fire Calls, Service Charges, Hazardous Building Abatement and Administrative Citations, as stated above; Scheffler seconded.
moved by Bettinger, seconded by Scheffler
All in favor; motion carried.
M-03Rainville made a motion to deny the request for a donation, based on the limited use of the services by Nowthen residents; Pilon seconded.
moved by Rainville, seconded by Pilon
All in favor; motion carried.
M-04Rainville made a motion to approve the request for a subdivision and the Developers Agreement by Eric, Karla and Cory Thomsen; Bettinger seconded.
moved by Rainville, seconded by Bettinger
All in favor; motion carried.
M-05Rainville made a motion to accept the withdrawl and deny the request from Mark Johnson to Amend the Rural Residential Ag District to allow Gun Ranges as an Interim Use Permit, based on the City Council Findings of Fact dated November 10, 2015; Bettinger seconded.
moved by Rainville, seconded by Bettinger
All in favor; motion carried.
M-06Bettinger made a motion to approve the request for a CUP and Variance request by Dean Wirz based on the City Council Findings of Fact dated November 10, 2015; Scheffler seconded.
moved by Bettinger, seconded by Scheffler
All in favor; motion carried.
M-07Bettinger made a motion to approve Ordinance 2015-06, an Ordinance Amending Chapter 11 of the Nowthen City Code to Establish Regulations for the use of Wind Conversion Alternative Energy Systems; Scheffler seconded.
moved by Bettinger, seconded by Scheffler
All in favor; motion carried.
M-08Pilon made a motion to approve the summary ordinance for publication; Rainville seconded.
moved by Pilon, seconded by Rainville
All in favor motion carried.
M-09Bettinger made a motion to approve the request by Dale Heide for a Permitted Home Occupation to deal/sell firearms; Rainville seconded.
moved by Bettinger, seconded by Rainville
All in favor; motion carried.
M-10Scheffler made a motion to approve the summary Flood Plain Ordinance for publication; Bettinger seconded.
moved by Scheffler, seconded by Bettinger
All in favor; motion carried.
M-11Bettinger amended his motion to have the entire property cleaned up by March 1, 2016; Scheffler seconded.
moved by Bettinger, seconded by Scheffler
M-12Rainville made a motion for permission to move forward with a Mission Statement of the Road and Bridge Committee and place a plaque at City Hall. A Committee Member has offered to pay the costs of the plaque; Pilon seconded.
moved by Rainville, seconded by Pilon
M-13Reighard amended his motion to include drafting a written agreement with Mork Well to use their pump and to have staff obtain confirmation regarding the liability; Scheffler seconded the amended motion.
moved by Reighard, seconded by Scheffler
M-14Reighard made a motion to purchase $2,000 worth of lime for the ball fields; Bettinger seconded.
moved by Reighard, seconded by Bettinger
All in favor; motion carried.
M-15Scheffler made a motion to approve the Consent Agenda as presented; Rainville seconded.
moved by Scheffler, seconded by Rainville
All in favor; motion carried.
M-16Bettinger amended his motion that everything goes through the Clerk, unless it is an emergency situation or an employee situation, and that all communications with the attorney by staff or the Mayor be given to the rest of the Council.
moved by Bettinger, seconded by Scheffler
M-17Reighard made a motion to leave the contact with the attorney to the Mayor and City Clerk and that all communication to and from the attorney, by and between the Mayor, Clerk or other Council Members, be forwarded to the rest of the Council, as soon as contact is made; Rainville seconded.
moved by Reighard, seconded by Rainville
M-18Pilon made a motion that residents use the Request for Council Action Form and the discussion be at the workshop; Rainville seconded.
moved by Pilon, seconded by Rainville
Rainville and Pilon in favor; three opposed. Motion failed.
M-19Bettinger made a motion to approve the annual Siren Maintenance Contract with Embedded Systems Inc .; Reighard seconded.
moved by Bettinger, seconded by Reighard
All in favor; motion carried.
M-20Bettinger made a motion to have staff change the code to one Council member as a non-voting Committee/Commission Member Liaison; Scheffler seconded.
moved by Bettinger, seconded by Scheffler
All in favor; motion carried.
M-21Pilon made a motion to direct staff to see what guidelines are in place for this communication and get prices in regards to that; Rainville seconded.
moved by Pilon, seconded by Rainville
All in favor; motion carried.
M-22Rainville made a motion to adjourn at 9:45 PM; Pilon seconded.
moved by Rainville, seconded by Pilon
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.
F-01
Unpaid fire call (includes penalty) to be assessed (Van Sickle).
assessment · Resolution 2015-18 assessments
$68.26
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F-02
Eisenschenk assessment to be assessed (includes penalty).
assessment · Resolution 2015-18 assessments
$7,462.4
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F-03
Barrows assessment: "$13,005.80, plus interest for a total of $13,786.15."
assessment · Resolution 2015-18 assessments
$13,786.15
inflow
F-04
Rohach: referenced as "origination citation and staff time" (not the final assessed amount).
assessment · Resolution 2015-18 assessments
$2,865.6
inflow
F-05
Rohach: referenced actual staff time amount (not the final assessed amount).
assessment · Resolution 2015-18 assessments
$1,865
inflow
F-06
Rohach: assessment was stated as "$6,317.60" (not the final assessed amount after council consensus).
assessment · Resolution 2015-18 assessments
$6,317.6
inflow
F-07
Rohach: original citation was "$1,000" (referenced during discussion).
assessment · Resolution 2015-18 assessments
$1,000
inflow
F-08
Rohach: staff time was stated as "$1,865.60" (referenced).
assessment · Resolution 2015-18 assessments
$1,865.6
inflow
F-09
Rohach: attorney recommendation discussed as "$3,000" (not adopted; council consensus assessed staff time with interest).
assessment · Resolution 2015-18 assessments
$3,000
inflow
F-10
Rohach: council consensus assessed "$1,865.60 of staff time, with interest for a total of $1,977.54."
assessment · Resolution 2015-18 assessments
$1,977.54
inflow
F-11
Halldorson: council consensus assessed staff time of "$866.00" (plus interest total given separately).
assessment · Resolution 2015-18 assessments
$866
inflow
F-12
Halldorson: council consensus assessed "$866.00 of staff time, with interest for a total of $917.96."
assessment · Resolution 2015-18 assessments
$917.96
inflow
F-13
Paone: council consensus assessed "$2,005" (plus interest total given separately).
assessment · Resolution 2015-18 assessments
$2,005
inflow
F-14
Paone: council consensus assessed "$2,005, with interest for a total of $2,125.30."
assessment · Resolution 2015-18 assessments
$2,125.3
inflow
F-15
Purchase of lime for ball fields.
expenditure · Park and Recreation
$2,000
outflow
F-16
Embedded Systems Inc. annual siren maintenance contract (annual fee).
contract · Public safety / sirens
$527.16
outflow
When someone tried to remember earlier business, we cross-reference the corpus and write a short related-history note.
Bettinger thought that this was all discussed at the workshop that there was an agreement between Barrows and the tenant and if the tenant violates the agreement he has to move out sooner.
— Bettinger
What this is about
Recalls a prior workshop discussion about an agreement between Barrows and the tenant related to cleanup/assessment handling.
The resolver has not run for this cue, or the search did not find a strong match in the corpus.
Mahutga quoted the October 13, 2015 Minutes and read the following:
— Mahutga
What this is about
References prior meeting minutes (October 13, 2015) regarding sending four candidates to the Road & Bridge Committee for interviews and recommendation.
The resolver has not run for this cue, or the search did not find a strong match in the corpus.
"Pilon said" do they discuss it tonight or at future date? He thinks that it is appropriate to send all four (4) to the R&B Comm. for interviews and for their recommendation."
— Mahutga
What this is about
Quoted prior statement attributed to Pilon in October 13, 2015 minutes about sending all four candidates to Road & Bridge Committee for interviews and recommendation.
The resolver has not run for this cue, or the search did not find a strong match in the corpus.
Pilon said that he was originally given till June 2015.
— Pilon
What this is about
Recalls an earlier deadline given to Jerry Bauer (June 2015).
The resolver has not run for this cue, or the search did not find a strong match in the corpus.
Scheffler said that at the workshop they were waiting to hear about insurance liability.
— Scheffler
What this is about
References prior workshop discussion about liability/insurance related to the proposed skating/hockey rink.
The resolver has not run for this cue, or the search did not find a strong match in the corpus.
Rainville said that in looking back at the billings, there have been very few times that the Mayor contacted the attorney.
— Rainville
What this is about
Recalls prior attorney billing records to argue about frequency of mayor attorney contact.
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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