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Tuesday, March 8, 2016
Agenda
Not posted
What was on the agenda.
Packet
Not posted
The supporting materials council reviewed.
One-line summary
Council approved an amended agenda; approved an IUP for Swanson outdoor vehicle sales; directed several code-enforcement actions; approved a dust control bid and the CIP; handled Road & Bridge committee resignation/appointments; approved consent items including Metro Council reform support and a liquor establishment name change; approved recycling improvements, a 3.5% COLA, a donation acceptance, a land sale, and other administrative items.
29 items as recorded in the packet and minutes.
A1Approve/amend the meeting agenda
Amend agenda (add resignation item; move/split/remove certain items) and approve as amended.
Motion carried: four in favor; Scheffler opposed.
1Sheriff Report
Lt. Wayne Heath update; reminder about phone fraud.
2Floor Items
Public comments including Boulder Point traffic concerns, and Al Viall remarks about resignation.
3aBob and Mary Swanson (PID 24-33-25-34-0002) – Interim Use Permit (IUP)
Request for IUP for outdoor sales within C-1 and increased number of vehicles; conditions modified as stated in motion.
Approved with changes to conditions (#3, #8-9, deleting #10 and #12).
3bRecommended Appointment to P&Z – Kristin Moan & Kelly Pearo
Recommendation was tabled; discussion included re-contacting previous candidates and desire to re-interview applicants.
Four in favor; Bettinger opposed.
3cCode Enforcement Direction
Direction and actions on multiple properties (Eisenschenk, Dan Larson, Jerry Bauer, Greenberg, Keacher, Barrows, Vieths).
Multiple motions carried (and one item involved continuing monitoring).
3dProposed Staffing Needs
Discussion of additional staff/seasonal inspector; one motion to continue discussion failed; subsequent motion to hire seasonal building inspector at $20/hr carried.
Final action: move forward with hiring seasonal Building Inspector at $20/hr; earlier motion to continue discussion until April failed.
3ePlanner Services Discussion
Refund to Roessler for extra fees related to misplaced septic file; council apologized.
All in favor; motion carried.
4aProposed Budget Transfer
Table budget transfer until a transfer policy/procedures considered.
Four in favor; Bettinger opposed.
4bApprove Dust Control Bid – Northern Salt Incorporated
Approve bid from Envirotech for dust control with contingency to Northern Salt if deadline not met (June 17, 2016).
All in favor; motion carried.
4cApprove Capital Improvement Plan
Approve the Capital Improvement Plan (CIP).
All in favor; motion carried.
4dAl Viall – Accept Resignation from Road and Bridge
Motion to accept resignation was withdrawn; later note indicates resignation was pulled.
Bettinger withdrew his motion to accept the resignation; later noted: 'Al Viall pulled his resignation.'
4eRecommended Appointment to R&B – Bill Schulz / Don Eldridge?
Council directed both candidates be interviewed by the Committee again.
Three in favor; Rainville and Pilon opposed. Motion carried.
4fRent Boom Mower
Approve renting boom mower as recommended by staff.
All in favor; motion carried.
5.1Consent Agenda 1.1 – Approve January 12 and February 9, 2016 City Council Meeting Minutes
Approved as part of consent items 1.1–1.4.
5.2Consent Agenda 1.2 – Financial Report
Approved as part of consent items 1.1–1.4.
5.3Consent Agenda 1.3 – Approve All Audited Bills Claim #9930 through Claim #9970, plus Net Distribution reports dated February 8 and February 22, 2016
Approved as part of consent items 1.1–1.4.
5.4Consent Agenda 1.4 – Adopt Resolution 2016-05 supporting principles for reform of the Metropolitan Council
Approved as part of consent items 1.1–1.4.
5.5Consent Agenda 1.5 – Adopt Resolution 2016-06 name change of The Bourbon Room Bar and Grill to Bootleggers Saloon & Eatery
Discussed separately from consent items 1.1–1.4; approved via motion.
All in favor; motion carried.
6aProposed Roles and Responsibilities – Commission/Committees
Forward roles/responsibilities to committees/commissions for review and recommendations.
Minutes record a motion but do not record the vote/outcome for this item.
6bRecycling Center Improvements
Purchase grey storage container ($2,600) and authorize concept plan for addition (possible office space).
Two motions; both carried.
6cEmployee Reviews
Table employee reviews until process is defined.
All in favor; motion carried.
6dWage increases
3.5% COLA increase for all full-time employees.
Three in favor; Pilon and Rainville opposed. Motion carried.
6eCouncil Wages – Proposed revision to Ordinance 2012-01
Table for further discussion at a workshop.
Four in favor; Bettinger opposed. Motion carried.
6fHam Lake Chamber of Commerce Gambling Proceeds
Accept proceeds of $683.77 and apply to future painting of city offices.
All in favor; motion carried.
6gMinnesota Mayors Annual Conference & LGO
Approve Mayor attendance at Mayors Annual Conference; allow council members to attend LGO meeting with reimbursement per policy.
All in favor; motion carried.
6hPurchase Agreement – Offer received to purchase Lot 1 Block 2 Burns Town Center
Accept offer to purchase property for $78,400 from Craig Pantekoek, contingent on re-signing purchase agreement and earnest money clearing.
All in favor; motion carried.
7Introduction of New Items – Request Discontinued Use of Conceptual Frontage Road Plan
Requested to add to next month workshop; council discussion about need for more detail and documentation.
Added request for workshop discussion; no vote recorded.
AdjAdjourn
Adjourned at 10:15 PM.
All in favor; motion carried.
What this meeting did about specific topics, organized by issue rather than by document.
Swanson outdoor vehicle sales Interim Use Permit (PID 24-33-25-34-0002)
The council approved Bob and Mary Swanson’s request for an Interim Use Permit to allow outdoor sales in the C-1 Commercial District and increase the number of vehicles, adopting Findings and Decision dated March 8, 2016 with several condition changes, including a maximum of 136 total spaces/vehicles and deleting certain driveway and paving conditions.
Agenda: 3a. Motions: M2. Speakers: Rainville, Bettinger.
Planning & Zoning appointments (Kristin Moan, Kelly Pearo; Jeryl Eidsvoog discussion)
The council tabled the recommended Planning & Zoning appointments of Kristin Moan and Kelly Pearo after discussion about whether prior applicants had been properly contacted and whether applicants should be re-interviewed, including comments from Jeryl Eidsvoog about missed garbled messages while she was in Mexico.
Agenda: 3b. Motions: M3. Speakers: Rainville, Pilon, Reighard, LaDoucer, Jeryl Eidsvoog, Bettinger.
Code enforcement actions (multiple properties)
The council directed staff actions on several code-enforcement matters: send another deadline letter then refer to the attorney for Eisenschenk (7038 Old Viking Blvd); proceed with modified cleanup goals for Dan Larson (19066 Jasper Street); give Jerry Bauer (21226 St. Francis Blvd) until end of March 2016; grant Greenberg (8040 Viking Blvd) 90 days before the city contacts him again due to health issues; continue monitoring Andrea Keacher (6612 189th Lane) with planner feedback; perform follow-up site inspection for Randy Barrows (18554 St. Francis Blvd); and develop a cleanup timeline plan with Vieths (9067 190th Ave NW) while tabling discussion on a disputed fire call.
Agenda: 3c. Motions: M4, M5, M6, M7, M8, M9, M10. Speakers: Bettinger, Rainville, Pilon, Stockman, Scheffler, Reighard, Schreder, Ruppe, Kent Roessler.
Building department staffing – seasonal Building Inspector
After discussion of proposed staffing needs, the council first defeated a motion to continue the discussion until April, then approved moving forward with hiring a seasonal Building Inspector recommended by Schreder at a rate of $20 per hour, with Pilon voting against the hiring motion.
Agenda: 3d. Motions: M11, M12. Speakers: Schreder, Pilon, Bettinger, Reighard, Scheffler, Rainville, Ruppe.
Roessler septic file misplacement refund
The council approved refunding $500 to Kent Roessler, with discussion that the city misplaced his septic file and caused additional fees; council members apologized, and it was clarified the refund would come from city funds and was considered case-by-case.
Agenda: 3e. Motions: M13. Speakers: Bettinger, Reighard, Rainville, Ruppe, Stockman, Pilon, Roessler.
Road & Bridge fund transfer policy discussion
The council tabled a proposed budget transfer, deciding to wait until the council can consider transfer policy and procedures, with discussion about whether money should be moved into a CIP/equipment fund and whether there was urgency related to equipment purchases.
Agenda: 4a. Motions: M14. Speakers: Rainville, Pilon, Bettinger, Reighard.
2016 dust control contract (Envirotech / Northern Salt)
The council approved the dust control bid from Envirotech for $32,408.64, with a contingency to use Northern Salt Incorporated if Envirotech could not complete the work by June 17, 2016.
Agenda: 4b. Motions: M15. Speakers: Bettinger, Scheffler.
Road & Bridge committee resignation and re-interview decision (Al Viall; Schulz/Eldridge?)
A motion to accept Al Viall’s resignation from the Road and Bridge committee was made but then withdrawn amid discussion tying the resignation to committee appointment decisions; the council then voted to have both Road & Bridge appointment candidates (listed as Bill Schulz and Don Eldridge?) interviewed again by the committee, and the minutes state that Al Viall pulled his resignation.
Agenda: 4d, 4e. Motions: M17, M18. Speakers: Bettinger, Reighard, Rainville, Pilon, Scheffler, Viall.
Consent agenda approvals (minutes, financial report, claims, Metro Council reform resolution)
The council approved consent items 1.1 through 1.4 together: approving prior council minutes (Jan 12 and Feb 9, 2016), a financial report, audited bills/claims (Claim #9930 through #9970 plus net distribution reports dated Feb 8 and Feb 22, 2016), and adopting Resolution 2016-05 supporting principles for reform of the Metropolitan Council.
Agenda: 5.1, 5.2, 5.3, 5.4. Motions: M20. Speakers: Pilon, Bettinger.
Bootleggers Saloon & Eatery name change (Resolution 2016-06)
The council separately considered and approved adopting Resolution 2016-06 to recognize the name change from The Bourbon Room Bar and Grill to Bootleggers Saloon & Eatery, with Attorney Ruppe explaining the state’s documentation request and that underlying ownership was asserted not to be changing in a way that required a new liquor license at that time.
Agenda: 5.5. Motions: M21. Speakers: Ruppe, Bettinger, Scheffler.
Recycling center improvements (container purchase and concept plan)
The council approved purchasing a grey storage container for the recycling center for $2,600 from Brian Dreesen, and also authorized Scheffler to move forward with a concept plan to add onto the recycling center, potentially including office space.
Agenda: 6b. Motions: M23, M24. Speakers: Scheffler, Reighard, Pilon, Bettinger.
Employee reviews and wage adjustments (3.5% COLA)
The council tabled employee reviews until it defines the review process, and later approved a 3.5% COLA increase for all full-time employees; the wage discussion included debate about the lack of raises over eight years, comparisons to other cities, and whether additional costs (PERA, Social Security, Medicare, Workman's Comp, benefits) were fully considered.
Agenda: 6c, 6d. Motions: M25, M26. Speakers: Rainville, Bettinger, Scheffler, Reighard, LaDoucer, Pilon.
Ham Lake Chamber of Commerce gambling proceeds for city office painting
The council accepted $683.77 in Ham Lake Chamber of Commerce gambling proceeds and directed that the funds be applied to future painting of the city offices.
Agenda: 6f. Motions: M28. Speakers: Pilon, Scheffler.
Sale of Lot 1 Block 2, Burns Town Center
The council accepted an offer to purchase Lot 1 Block 2, Burns Town Center for $78,400 from Craig Pantekoek, contingent on re-signing the purchase agreement and the buyer’s $400 earnest money clearing the bank.
Agenda: 6h. Motions: M30. Speakers: Bettinger, Reighard.
Conceptual Frontage Road Plan (possible discontinuation)
Under new items, Scheffler asked to add a request to discontinue use of the Conceptual Frontage Road Plan to next month’s workshop; other council members said more discussion and documentation would be needed before considering discontinuing the plan.
Agenda: 7. Speakers: Scheffler, Pilon, Rainville, Bettinger.
31 motions on the record. Split votes are highlighted.
M1Bettinger made a motion to approve the amended agenda;
moved by Bettinger, seconded by Rainville
M2Rainville made a motion to approve the request from Bob and Mary Swanson for an Interim Use Permit, as recommended by Planning and Zoning and the City Planner and adopt the Findings and Decision dated March 8, 2016 with the following changes: Condition #3 to be changed to "not exceed 136 (9 customer spaces, 9 employee spaces, and 118 vehicles for sale); items #8 and #9, accept the Planners recommendations on the islands and types of trees; delete item #10 (driveway access to Hwy 47) and item #12 (requiring paving the first +/-300 feet of 199th Ave);
moved by Rainville, seconded by Bettinger
All in favor; motion carried.
M3Rainville made a motion to table this recommendation;
moved by Rainville, seconded by Pilon
M4Pilon made a motion to have staff send another letter with a deadline date and if they don't respond, submit it to the attorney for further action;
moved by Pilon, seconded by Bettinger
All in favor; motion carried.
M5Rainville made a motion to move forward with the cleanup goals/ to do list, with the change of 10-12 cars removed in items #2, #7 and #8 of the goals and to have Stockman work with the Larson's on the goals.
moved by Rainville, seconded by Pilon
All in favor; motion carried.
M6Bettinger made a motion to grant Mr. Bauer until the end of March 2016 to clear up the business from his property;
moved by Bettinger, seconded by Reighard
All in favor; motion carried.
M7Rainville amended her motion to give Greenberg 90 days before the City contacts him again;
moved by Rainville, seconded by Pilon
All in favor; motion carried.
M8Scheffler made a motion to move forward with monitoring the situation and get feedback from the Planner on what is going on;
moved by Scheffler, seconded by Rainville
All in favor; motion carried.
M9Pilon made a motion to have Stockman follow up with Barrows for a site inspection;
moved by Pilon, seconded by Reighard
All in favor; motion carried.
M10Pilon made a motion to allow staff to prepare a cleanup time line plan and to work with Vieths on this and to table the discussion on the disputed fire call until then;
moved by Pilon, seconded by Rainville
All in favor; motion carried.
M11Pilon made a motion to continue this discussion until April so more specific details of the needs can be obtained.
moved by Pilon, seconded by Rainville
Pilon in favor; Four opposed.
M12Reighard made a motion to move forward with hiring the seasonal Building Inspector that Schreder recommended, at the rate of $20 per hour;
moved by Reighard, seconded by Bettinger
M13Bettinger made a motion to refund $500 to Roessler, as he thinks that the City was responsible for some of the extra fees that were charged.
moved by Bettinger, seconded by Reighard
All in favor of Bettinger's motion; motion carried.
M14Rainville made a motion to table this matter until the City Council has a chance to consider a transfer policy and procedures.
moved by Rainville, seconded by Pilon
M15Bettinger made a motion to approve the bid from Envirotech in the amount of $32,408.64 and if they cannot complete the project by the deadline date of June 17, 2016, go with Northern Salt Incorporated;
moved by Bettinger, seconded by Scheffler
All in favor; motion carried.
M16Bettinger made a motion to approve the Capital Improvement Plan (CIP);
moved by Bettinger, seconded by Scheffler
All in favor; motion carried.
M17Bettinger made a motion to accept the resignation from Al Viall and send him a letter of recognition;
moved by Bettinger, seconded by Reighard
Motion withdrawn before vote.
M18Reighard made a motion to have both candidates be interviewed by the Committee again;
moved by Reighard, seconded by Scheffler
Three in favor; Rainville and Pilon opposed.
M19Scheffler made a motion to approve renting the boom mower, as recommended by staff;
moved by Scheffler, seconded by Reighard
All in favor; motion carried.
M20Pilon made a motion to approve Consent Agenda Items 1.1 - 1.4;
moved by Pilon, seconded by Bettinger
All in favor; motion carried.
M21Bettinger made a motion to adopt Resolution 2016-06, A Resolution adopting the name change of The Bourbon Room Bar and Grill, to Bootleggers Saloon & Eatery;
moved by Bettinger, seconded by Scheffler
All in favor; motion carried.
M22Rainville made a motion to forward the Roles and Responsibilities to the Committees/Commissions for their review and recommendations;
moved by Rainville, seconded by Pilon
M23Scheffler made a motion to approve the purchase of a grey storage container for the recycling center, in the amount of $2,600, from Brian Dreesen;
moved by Scheffler, seconded by Reighard
All in favor; motion carried.
M24Pilon made a motion to authorize Scheffler to move forward with a concept plan of adding onto the recycling center, with the possibility of office space;
moved by Pilon, seconded by Bettinger
All in favor; motion carried.
M25Rainville made a motion to table the employee reviews until the Council defines the process as to who reviews who and when the last reviews were.
moved by Rainville, seconded by Bettinger
All in favor; motion carried.
M26Bettinger made a motion to give all the full-time employees a 3.5% COLA increase, as they had not had any raises in the past 8 years;
moved by Bettinger, seconded by Scheffler
M27Rainville made a motion to table this matter until there can be further discussion at a workshop;
moved by Rainville, seconded by Pilon
M28Pilon made a motion to approve the acceptance the Ham Lake Chamber of Commerce Gambling Proceeds of $683.77 and apply those funds to the future painting of the City Offices;
moved by Pilon, seconded by Scheffler
All in favor; motion carried.
M29Rainville made a motion to approve Pilon to attend the Mayors Annual Conference and to approve any of the Council Members to attend the LGO Meeting and that reimbursement is based on current policy.
moved by Rainville, seconded by Pilon
All in favor; motion carried.
M30Bettinger made a motion to accept the offer to purchase Lot 1 Block 2, Burns Town Center in the amount of $78,400 from Craig Pantekoek, contingent upon him resigning the purchase agreement and that his $400 earnest money clears the bank;
moved by Bettinger, seconded by Reighard
All in favor; motion carried.
M31Rainville made a motion to adjourn the meeting at 10:15 PM;
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
Hourly rate approved for seasonal Building Inspector recommended by Schreder.
salary
$20
outflow
F2
Refund to Roessler for extra fees related to misplaced septic file (City funds).
reimbursement
$500
outflow
F3
Dust control bid from Envirotech; contingency to use Northern Salt Incorporated if deadline June 17, 2016 not met.
contract
$32,408.64
outflow
F4
Purchase of a grey storage container for the recycling center from Brian Dreesen.
expenditure
$2,600
outflow
F5
Ham Lake Chamber of Commerce Gambling Proceeds accepted and applied to future painting of the City Offices.
donation
$683.77
inflow
F6
Accepted offer to purchase Lot 1 Block 2, Burns Town Center from Craig Pantekoek (contingencies noted).
asset_value
$78,400
inflow
F7
Earnest money referenced as a contingency for the Burns Town Center lot purchase agreement.
fee
$400
inflow
When someone tried to remember earlier business, we cross-reference the corpus and write a short related-history note.
Viall said that he has been around to a lot of Council and Committee Meetings, to try and find out if there are things that they could do to help Nowthen move ahead.
— Viall
What this is about
Speaker references prior council and committee meetings he attended while serving on Road and Bridge.
The resolver has not run for this cue, or the search did not find a strong match in the corpus.
Pilon said originally there was an interview process and a number of candidates were interviewed last summer.
— Pilon
What this is about
Recalls prior interview process for P&Z applicants conducted the previous summer.
The resolver has not run for this cue, or the search did not find a strong match in the corpus.
Bettinger said that the City was responsible for some of the extra fees that were charged. Bettinger himself, publically apologized, on Nowthen's behalf, because of the way the loss of the permit was handled. Bettinger is not pointing fingers, but the City misplaced Roessler's septic file and because of that, there were additional fees.
— Bettinger
What this is about
Recalls prior handling of Roessler’s septic permit/file and resulting fees.
The resolver has not run for this cue, or the search did not find a strong match in the corpus.
Bettinger said that the previous Building Official handled the whole permitting process, including the setbacks, and little was sent to the planner.
— Bettinger
What this is about
Recalls past staffing/workflow in the building department under a previous Building Official.
The resolver has not run for this cue, or the search did not find a strong match in the corpus.
Rainville said that before they do that, the Council should have the bigger picture. They were on a path of accepting Request for Proposals (RFP's) that would have given them a bigger overall picture of the wage and compensation of the staff.
— Rainville
What this is about
Recalls prior effort to pursue RFPs for a wage/compensation study that was stopped.
The resolver has not run for this cue, or the search did not find a strong match in the corpus.
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