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Monday, August 11, 2014
Agenda
Not posted
What was on the agenda.
One-line summary
Council adopted Ordinance 2014-07 amending the CUP rules, continued the Jerry Bauer CUP revocation hearing to Sept. 9, approved the Alan Tague variance with conditions, approved consent agenda and several council items, and tabled several items for more information/quotes.
19 items as recorded in the packet and minutes.
PH-1Amendment to zoning ordinance regarding Conditional Use Permits (Ordinance 2014-07)
Public hearing on ordinance amending Chapter 11 to allow CUP revocation after one year of non-use and to limit reapplication within one year after denial subject to conditions.
Public hearing closed and ordinance approved during public hearing portion.
PH-2Revocation of Conditional Use Permit (Jerry Bauer) — continue public hearing to Sept. 9, 2014
Public hearing for revocation of CUP issued to Jerry Bauer on March 15, 1994 by the Burns Town Board for a septic installation business at 21226 St. Francis Blvd NW; continued.
Continued to Sept. 9, 2014 City Council meeting.
CC-0Approve/amend meeting agenda (add Code Enforcement—Council Direction)
Agenda amended to add item 3.f.
CC-1Sheriff Update
Lt. Wayne Heath report of calls for service for July 2014 and identity theft warning.
CC-2Floor Items
No floor items were addressed.
CC-3aAlan Tague variance (6423 226th Ave NW) for accessory building setback
Variance to allow a 54x44 accessory building at setback of 65.8 feet from centerline of Xenon St (PIN 03-33-25-14-0008).
Approved with five conditions including revised site survey, landscaping screening within two years, building permit, code compliance, and applicant paying review costs.
CC-3bVern and Jean Hammer lot split request (PID 26-33-25-13-0003)
Deny request for lot split because applicant decided not to proceed.
Denied because applicant decided not to proceed.
CC-3cWind Energy Conversion Systems (WECS) & Solar Systems — direct staff to create ordinance
Staff directed to create an ordinance with examples consistent with current ordinance.
CC-3dROSP Open House presentation dates and materials
Schedule ROSP open house presentations and set preliminary review at workshops.
Scheduled Oct. 13 (11:30 AM and 7:00 PM) and Oct. 23 (7:00 PM); preliminary council review at Sept. 4 and Oct. 9 workshops.
CC-4Consent Agenda (minutes, financial report, audited bills/claims, Constitution Week proclamation)
Approve June 10, 2014 minutes; Financial Report; audited bills claim #8887-8936 plus net distribution reports dated July 8, July 14, and July 28, 2014; adopt Constitution Week Proclamation Sept. 17-23, 2014.
Approved as a single consent agenda motion.
CC-5aApprove booth at Threshing Show
CC-5bCity Hall Parking Lot Improvements
Table to Sept. 9, 2014 for further quotes.
Tabled until further quotes are obtained.
CC-5cRB's Computer Service Agreement Options
Approve RB's Computer Service Agreement (Silver Plan).
Consensus noted that Silver Plan cost is $5000.00 per year from General Fund; motion passed.
CC-5dNowthen Memorial Park Restroom Improvements
Table to Sept. 9, 2014 for further quotes.
Tabled until further quotes are obtained.
CC-5eTroy Enebak — disputing fire call bill
Table disputed fire call billing for further review and discussion with Fire Chief.
Tabled because council had not had time to read the breakdown; Pilon to meet with Fire Chief Kapler.
CC-5fRequest to purchase reusable recycling bags (SCORE/Recycling Enhancement Grant)
CC-5g2014 Audit Proposal (Michael Pofahl)
Approve audit proposal not to exceed $6,780.00.
CC-6Introduction of New Items
Discussion of strip mall building auction and possibility of using HRA funds for adding onto maintenance building; discussion of fire report consistency as public records.
No formal action beyond consensus and staff follow-up requests.
CC-AdjAdjourn
Adjourned at 8:55 PM.
What this meeting did about specific topics, organized by issue rather than by document.
Ordinance 2014-07 CUP revocation and reapplication rules
The council held a public hearing on amending Chapter 11 of the city code related to conditional use permits, including clarifying that a CUP can become null and void after one year of non-operation and adjusting rules around reapplying within a year after denial. After discussing questions about prior ordinance codification and incorporating Attorney Ruppe’s revisions, the council approved Ordinance 2014-07.
Agenda: PH-1, CC-3e. Motions: M-1. Speakers: Schulz, Scheffler, Rainville, Mahutga, Stockman, Ames, Pilon, Meyer.
Jerry Bauer CUP revocation hearing (21226 St. Francis Blvd NW)
The council continued the public hearing for revocation of the conditional use permit originally issued by Burns Township for a septic installation business on the Bauer property at 21226 St. Francis Blvd NW. The continuation was set to the September 9, 2014 city council meeting.
Agenda: PH-2. Motions: M-2. Speakers: Schulz, Pilon.
Alan Tague variance for accessory building setback (6423 226th Ave NW)
Council considered and approved a variance for Alan Tague at 6423 226th Ave NW to allow a 54x44 accessory building at a reduced setback from the Xenon Street centerline. The approval included conditions requiring a revised site survey with specific details, landscaping screening within two years, obtaining a building permit, compliance with building codes, and payment of review costs.
Agenda: CC-3a. Motions: M-4. Speakers: Rainville, Tague, Stockman, Meyer.
Hammer lot split request withdrawn (Cleary Road & 195th Ave NW)
Council denied the lot split request by Vern and Jean Hammer for their 19.18-acre parcel at Cleary Road (County Road 66) and 195th Ave NW because the applicant decided not to proceed with the lot split.
Agenda: CC-3b. Motions: M-5. Speakers: Scheffler, Schulz.
WECS and solar ordinance drafting
Council directed staff to create a wind energy conversion systems and solar systems ordinance with examples consistent with the city’s current ordinance, with discussion about using examples already in force and adapting them to Nowthen.
Agenda: CC-3c. Motions: M-6. Speakers: Scheffler, Rainville, Stockman.
Residential Open Space Preservation (ROSP) open house scheduling
Council set dates for ROSP open house presentations at City Hall (Oct. 13 at 11:30 AM and 7:00 PM; and Oct. 23 at 7:00 PM) and directed that preliminary materials and maps be presented to the council for review at the Sept. 4 and Oct. 9 workshops.
Agenda: CC-3d. Motions: M-7. Speakers: Pilon, Stockman, Rainville, Meyer.
Code enforcement direction (complaint-activated and prioritized by health & safety)
Council discussed how code enforcement should be initiated and agreed to clarify that enforcement is complaint-activated going forward, with staff prioritizing health and safety issues first, emailing council when citations occur, and continuing the monthly enforcement sheet. The discussion included concerns about fairness, workload, and when proactive enforcement might be needed for health-related situations.
Agenda: CC-3f. Motions: M-8. Speakers: Schulz, Scheffler, Meyer, Stockman, Pilon, Rainville.
City Hall parking lot improvements (quotes)
Council discussed the need for City Hall parking lot improvements, including overlay versus seal coating, and tabled the item until more quotes are obtained. A North Valley quote for the City Hall south parking lot was included in the packet, but council postponed action.
Agenda: CC-5b. Motions: M-11. Speakers: Glaze, Meyer, Scheffler.
RB's Computer Service Agreement (Silver Plan)
Council agreed to proceed with RB’s Computer Service Agreement under the Silver Plan to support staff, noting the plan cost is $5,000 per year from the General Fund, and approved the agreement by motion.
Agenda: CC-5c. Motions: M-12. Speakers: Scheffler, Rainville.
Nowthen Memorial Park restroom ADA improvements (quotes)
Council discussed ADA-compliant restroom improvements at Nowthen Memorial Park and tabled the item to the Sept. 9 meeting to obtain further quotes, noting the building official’s email had been forwarded to contractors and that completion before the Heritage Festival was desired.
Agenda: CC-5d. Motions: M-13. Speakers: Meyer, Pilon, Schulz.
Troy Enebak fire call bill dispute (Invoice 14-005570)
Council heard from Troy Enebak disputing a $1,140.96 fire call bill for a March 2014 chimney fire, and discussed that reducing or waiving bills would shift costs to other residents and that insurance may cover part of the call. Council tabled the item so members could review the breakdown and directed Pilon to meet with Fire Chief Dean Kapler for more information.
Agenda: CC-5e. Motions: M-14. Speakers: Enebak, Meyer, Pilon, Rainville.
Reusable recycling bags purchase (SCORE/Recycling Enhancement Grant)
Council approved purchasing reusable recycling bags as a promotional effort under the Recycling Enhancement Grant as part of the city’s SCORE funding agreement.
Agenda: CC-5f. Motions: M-15. Speakers: Rainville, Meyer.
2014 audit proposal (Michael W. Pofahl, CPA)
Council approved the 2014 audit proposal from Michael W. Pofahl, CPA, with the minutes noting the fee not to exceed $6,780.00.
Agenda: CC-5g. Motions: M-16. Speakers: Rainville, Meyer.
Strip mall building auction and potential facility expansion using HRA funds
During new items, council discussed an online auction for a building previously evaluated by the city, including concerns about needed repairs and parking. The council reached consensus not to participate in the auction and discussed instead whether adding a council chambers/community center onto the existing maintenance building could be funded with HRA funds; Meyer agreed to contact the person in charge of HRA funds to confirm eligibility.
Agenda: CC-6. Speakers: Meyer, Schulz, Rainville, Scheffler, Pilon.
17 motions on the record. Split votes are highlighted.
M-1Meyer made the motion to approve the revised (Attorney Ruppe's comments now added) copy of Ordinance 2014-07.
moved by Meyer, seconded by Scheffler
All in favor; motion carried.
M-2Schulz made the motion to continue this Public Hearing to the Sept. 9th, 2014 CC meeting.
moved by Schulz, seconded by Pilon
all in favor; motion carried.
M-3Meyer made the motion to amend the meeting agenda as presented with the addition of Code Enforcement - Council Direction.
moved by Meyer, seconded by Rainville
all in favor; motion carried.
M-4Meyer made the motion to approve the variance request by Alan Tague at 6423 226th Ave NW (PIN 03-33- 25-14-008) to allow an accessory building (54 X 44) at a setback of 65.8 as per the following conditions set:
moved by Meyer, seconded by Rainville
all in favor; motion carried.
M-5Scheffler made the motion to deny the request for a lot split of their 19.18 acre parcel located in the southeast quadrant of Cleary road (Cty Rd 66) and 195th Ave NW (PID 26-33-25-13-0003) because applicant decided not to proceed.
moved by Scheffler, seconded by Schulz
all in favor; motion carried.
M-6Scheffler made the motion to have staff create an Ordinance with examples consistent with our current Ordinance.
moved by Scheffler, seconded by Rainville
All in favor; motion carried.
M-7Rainville made the motion to schedule ROSP Open House Presentations on October 13, 2014 @ both times of 11:30 AM and 7:00 PM and a third presentation on October 23, 2014 at 7:00 PM that will be held in City Hall. Before these meetings there will be a preliminary presentation for the City Council to review at the September 4 and October 9th, 2014 workshops.
moved by Rainville, seconded by Meyer
all in favor; motion carried.
M-8Pilon made the motion officially to clarify that complaint activated and when complaint comes in that staff to prioritize by Health and Safety first and when have to get tough with residents, to notify the City Council when a letter will go out. Then e-mail citation that Planner Stockman is sending and give a copy to Scheffler. These are to be continued by our Planner: Notice or action by staff when: 1\. Complaint 2\. Health & Safety Issues 3\. E-Mail when Citation 4\. Continue Monthly Enforcement Sheet
moved by Pilon, seconded by Rainville
all in favor; motion carried.
M-9Rainville made the motion to approve all 4 items on the Consent Agenda, as presented.
moved by Rainville, seconded by Meyer
all in favor; motion carried.
M-10Schulz made the motion to approve the booth at the Threshing Show.
moved by Schulz, seconded by Meyer
all in favor; motion carried.
M-11Meyer made motion to table the City Hall Parking Lot Improvements until further quotes are obtained.
moved by Meyer, seconded by Scheffler
all in favor; motion carried.
M-12Scheffler made the motion to approve RB's Computer Service Agreement (Silver Plan).
moved by Scheffler, seconded by Rainville
all in favor; motion carried.
M-13Meyer made motion to table the Nowthen Memorial Park Restroom Improvements until further quotes are obtained.
moved by Meyer, seconded by Schulz
all in favor; motion carried.
M-14Pilon made the motion to table this disputed fire call billing because the Council didn't get a chance to read the break-down of the call thoroughly when received just tonight.
moved by Pilon, seconded by Rainville
all in favor; motion carried.
M-15Rainville made the motion to approve the purchase of Reusable Recycling Bags.
moved by Rainville, seconded by Meyer
all in favor; motion carried.
M-16Rainville made the motion to approve the 2014 Audit Proposal by Michael Pofahl.
moved by Rainville, seconded by Meyer
all in favor; motion carried.
M-17Meyer made the motion to adjourn.
moved by Meyer, seconded by Schulz
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-1
RB's Computer Service Agreement (Silver Plan) cost per year; to come out of the General Fund.
contract · General Fund
$5,000
outflow
F-2
Audit proposal fee not to exceed $6,780.00 for year ending December 31, 2014 audits.
audit · FY 2014
$6,780
outflow
F-3
Fire call billing amount for Troy Enebak chimney fire; disputed and tabled.
fee
$1,140.96
inflow
F-4
North Valley quote for CITY HALL SOUTH PARKING LOT (grand total). Item was tabled for more quotes.
estimate
$24,409.72
unknown
F-5
Total for selected claims in Claims History (Claim #8887 through Claim #8936) that were approved as part of the consent agenda.
expenditure
$137,228.71
outflow
When someone tried to remember earlier business, we cross-reference the corpus and write a short related-history note.
Scheffler said he thought he could answer this question. He said it was always in our ordinance but when the ordinances were codified, it was a condition for IUP's and left out for CUP's so now it is being added in by this amendment.
— Scheffler
What this is about
Recalls that CUP revocation/non-use language was previously in the ordinance but was omitted when ordinances were codified, prompting the current amendment.
The resolver has not run for this cue, or the search did not find a strong match in the corpus.
Rainville said that at their CC workshop she thought that Attorney Ruppe had comments and minor tweaks that were going to be made.
— Rainville
What this is about
Refers back to a prior council workshop discussion about Attorney Ruppe's proposed edits to the ordinance draft.
The resolver has not run for this cue, or the search did not find a strong match in the corpus.
Stockman said it never occurred to her until the other night that the City never had a complaint on the Winery and yet the city has spent thousands of dollars on issues.
— Stockman
What this is about
Recalls prior enforcement actions and spending on winery CUP issues despite no complaint, relevant to the policy shift toward complaint-based enforcement.
The resolver has not run for this cue, or the search did not find a strong match in the corpus.
Schulz said we already have done that before.
— Schulz
What this is about
Refers to the city previously investigating the condition of the strip mall building (including mold) discussed during the auction conversation.
The resolver has not run for this cue, or the search did not find a strong match in the corpus.
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