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Tuesday, May 12, 2015
Agenda
Not posted
What was on the agenda.
One-line summary
Council approved a $2,500 Nowthen Heritage Festival donation, granted liquor license components for The Bourbon Room (on-sale and Sunday sales approved; 2:00 a.m. closing denied with 1:00 a.m. recommended), approved multiple planning/zoning items, authorized dust control for $19,596.28, accepted a $7,500 Ramsey Lions donation, approved $4,345 backstop repairs, addressed several code enforcement cases, discussed a $50,000 offer for a city lot in closed session and countered at $78,400, and approved special-meeting pay of $50.
36 items as recorded in the packet and minutes.
A1Approve/amend the meeting agenda
A2Sheriff Update
A3Floor Items
Public comment period.
A4Nowthen Heritage Festival Donation
Donation request (packet requested $2,500.00).
Approved 3-2.
A5Bourbon Room Liquor License Request (19735 Iguana St.)
Request by Andrew B. Parizek for on-sale, Sunday Sales, and 2:00 a.m. intoxicating liquor license.
On-sale and Sunday sales approved; 2:00 a.m. closing denied with 1:00 a.m. recommended.
A6aPlanning & Zoning: Dave Perkins (PID 21-33-25-33-0021) — Variance for accessory building size
Variance from Section 11-3-8 E to allow sum of accessory buildings to exceed 30% of principal building size.
A6bPlanning & Zoning: Dave Perkins (PID 21-33-25-33-0021) — IUP for outdoor storage
Interim Use Permit to allow an outdoor storage area under Section 11-3-8D.4.
A6cPlanning & Zoning: Dave Perkins — IUP to re-establish residential use
IUP to re-establish residential use in existing structure (memo dated May 6, 2015).
Continued to June meeting to allow settlement agreement drafting.
A6dPlanning & Zoning: Dave Perkins — CUP for multiple principal uses
Conditional Use Permit for multiple principal uses on a single property (memo dated May 6, 2015).
Continued to June meeting to allow settlement agreement drafting.
A6ePlanning & Zoning: Murey, Beverly and Adam Ulferts (PID 24-33-25-31-0008) — IUP for outdoor storage
IUP to allow outdoor storage on C-1 parcel.
A6fPlanning & Zoning: Brad Brecht (PID 06-33-25-33-0006) — Variance for accessory building location
Variance to allow a +/- 50x70 accessory building slightly forward of front of house, closer to centerline of Iman St.
A6gPlanning & Zoning: Dean L. Wirz — Review Concept Plan
Concept plan review for PID 13-33-25-42-0009 and 13-33-25-41-0003.
Council directed Wirz to work with planner to move forward.
A6hCode Enforcement: Randy Barrows (18554 St. Francis Blvd) — Council Direction
Council directed attempting voluntary compliance.
A6iCode Enforcement: John and Mary Rohach (21202 St. Francis Blvd) — Council Direction
Council directed a combination of both recommended actions for compliance.
A6jCode Enforcement: Bob Swanson (5340 199th Ave NW—Burns Auto Sales) — Council Direction
Council directed cease and desist letter for auto repair business and compliance for auto sales business.
A7aRoad and Bridge: Dust Control
Dust control proposal approval.
Approved Tri-City Paving proposal for $19,596.28.
A7bRoad and Bridge: Park Maintenance Worker
Seasonal Park Maintenance Worker ad/position.
Council continued running the ad.
A8aPark and Recreation: Adopt Resolution 15-08 accepting Ramsey Lions donation
Acceptance of donation from Ramsey Lions for $7,500.
A8bPark and Recreation: Backstop Repairs — Nowthen Memorial Park
Softball field backstop repairs.
Approved Century Fence bid for $4,345.
A8cPark and Recreation: Recommend appoint Penny LaPlante to Park & Rec Committee
Tabled until next meeting.
A9Consent Agenda
Approve minutes, financial report, audited bills/claims, and reimbursements.
A10aCouncil Items: Rustad settlement agreement (6334 229th Ave)
Settlement agreement related to unfinished home / two dwellings issue.
A10bCouncil Items: City Hall Ramp Repairs
Tabled pending additional quotes.
A10cCouncil Items: 204th Culvert Issues
Tabled pending more information on costs and responsibility.
A10dCouncil Items: Security Issues at Volunteers of America/Bar None Facility
Mayor authorized to work with attorney, VOA, Anoka County, and Sheriff's Office toward a resolution.
A10eCouncil Items: URRWMO Update
URRWMO 2016 budget and representation.
A10fCouncil Items: Proposed Data Practice Policy and Procedure Update
Tabled by 3-2 vote.
A10gCouncil Items: Ham Lake Chamber of Commerce — Charitable gambling premises permit (Bourbon Room)
Approval of premises permit application for lawful gambling at The Bourbon Room.
Approved 4-1.
A10hCouncil Items: Proposed City Code Change — Charitable Gambling Profits
Proposed Chapter 6 Section 7, Charitable Gambling Regulations.
Motion failed 1-4.
A10iCouncil Items: June League Conference — Approval of attendance
Consider paying portion/all costs; cap hotel at $109/night + tax.
Approved 4-1 with hotel cap.
A10jCouncil Items: Employment Discussion — Jason Belair
Staff recommendation not to continue employment beyond probationary period.
Motion carried 4-1 (Pilon opposed).
A10kCouncil Items: Requesting use of City property for parking purposes
Use of lot north of City Hall for church auction parking on June 13, 2015.
A10lCouncil Items: Offer to Purchase Property (Lot 1 Block 2, Burns Town Center)
Offer to purchase city lot for $50,000; closed session held; council countered at tax value $78,400.
Council entered closed meeting to discuss offer; no sale approved at this meeting.
A10mCouncil Items: Council Reimbursement for Special Meeting
Special meeting pay and further investigation of appropriate fee.
A11Introduction of New Items
No new items introduced.
A12Adjourn
Adjourned at 9:12 p.m.
What this meeting did about specific topics, organized by issue rather than by document.
Nowthen Heritage Festival donation
The council considered the Heritage Festival Committee’s request for city support and approved a $2,500 donation. During discussion, councilmembers asked to see the festival’s budget and expenditures so the city can explain where funds go; the committee said providing that information would not be a problem. The donation passed on a 3–2 vote, with Bettinger and Scheffler recorded as opposed.
Agenda: A4. Motions: M2. Speakers: Teresa Copeland, Pilon, Rainville, Bettinger, Scheffler, Reighard.
Bourbon Room liquor license (The Long Horn Group #2 LLC d/b/a The Bourbon Room)
The council acted on a liquor license request for The Bourbon Room at 19735 Iguana St. It approved the on-sale intoxicating liquor license and Sunday sales. The council denied the requested 2:00 a.m. closing and instead recommended a 1:00 a.m. closing, citing resident input and consistency with existing hours; the denial passed 3–2 with Bettinger and Scheffler opposed.
Agenda: A5. Motions: M3, M4, M5. Speakers: Scheffler, Bettinger, Rainville, Reighard.
Dave Perkins property approvals and settlement-agreement approach (PID 21-33-25-33-0021)
For Dave Perkins’ C-1 property at 19745 Nowthen Boulevard, the council approved a variance for accessory building size and an interim use permit for outdoor storage, consistent with staff and Planning & Zoning recommendations (with changes discussed at the council workshop). For the remaining requests—an interim use permit to re-establish the residential use and a conditional use permit for multiple principal uses—the council continued both to the June meeting so a settlement agreement can be drafted, reflecting staff discussion that a settlement agreement could address the existing house issue.
Agenda: A6a, A6b, A6c, A6d. Motions: M6, M7, M8, M9. Speakers: Bettinger, Scheffler, Pilon, Reighard.
Superior Masonry/Ulferts outdoor storage IUP (PID 24-33-25-31-0008)
The council approved an interim use permit for outdoor storage for Beverly and Adam Ulferts’ C-1 property at 19960 Saint Francis Boulevard, as recommended by Planning & Zoning and the city planner, with changes discussed at the council workshop.
Agenda: A6e. Motions: M10. Speakers: Rainville, Bettinger.
Brecht accessory building location variance (PID 06-33-25-33-0006)
The council approved Brad Brecht’s request for a variance to place a new accessory building slightly forward of the house (closer to Iman Street), based on Planning & Zoning and planner recommendations.
Agenda: A6f. Motions: M11. Speakers: Rainville, Reighard.
Wirz subdivision concept plan (Highway 47 and Verde Valley Road area)
The council reviewed Dean L. Wirz’s concept plan and voted to have him work with the city planner to move forward with the process. During discussion, Scheffler said rezoning would be needed and suggested it may be the city’s responsibility, while Pilon said the planner should bring that to the council.
Agenda: A6g. Motions: M12. Speakers: Rainville, Reighard, Scheffler, Pilon.
Code enforcement direction: Barrows, Rohach, and Swanson properties
The council gave direction on three code enforcement matters. For the Barrows property at 18554 Saint Francis Boulevard, it directed staff to attempt voluntary compliance. For the Rohach property at 21202 Saint Francis Boulevard, it directed staff to proceed with a combination of recommended actions to obtain compliance. For Burns Auto Sales/Swanson at 5340 199th Avenue NW, it directed a cease-and-desist letter for the auto repair business and required compliance for the auto sales business.
Agenda: A6h, A6i, A6j. Motions: M13, M14, M15. Speakers: Rainville, Scheffler, Bettinger, Pilon.
Dust control contract (Tri-City Paving)
The council approved the dust control proposal from Tri-City Paving in the amount of $19,596.28. Rainville noted she had researched another company and wanted the city to look at options and budgeting in the future, while Bettinger noted the lower cost reflected roads being cut because they would not be graveled in time for dust control.
Agenda: A7a. Motions: M16. Speakers: Rainville, Scheffler, Bettinger.
Ramsey Lions donation acceptance (Resolution 15-08)
The council adopted Resolution 2015-08 accepting a $7,500 donation from the Ramsey Lions Club to the Nowthen Park Fund for park improvements.
Agenda: A8a. Motions: M18. Speakers: Scheffler, Bettinger.
Nowthen Memorial Park backstop repairs (Century Fence)
The council approved the Century Fence bid in the amount of $4,345 to repair the softball field backstop at Nowthen Memorial Park.
Agenda: A8b. Motions: M19. Speakers: Reighard, Rainville.
Ham Lake Chamber premises permit and proposed charitable-gambling ordinance
The council approved the Ham Lake Chamber of Commerce’s charitable gambling premises permit at The Bourbon Room (passed 4–1, with Bettinger opposed). The council then considered a proposed city code change to require a 10% contribution of net gambling profits under a new Chapter 6 Section 7; the motion to move forward failed with Rainville in favor and four opposed, with concerns raised about limiting the city’s use of funds under state statute and wanting more research before adopting an ordinance.
Agenda: A10g, A10h. Motions: M30, M31. Speakers: Rainville, Pilon, Scheffler, Reighard, Bettinger.
Offer to purchase city lot (Lot 1 Block 2, Burns Town Center)
The council discussed an offer to purchase Lot 1 Block 2, Burns Town Center for $50,000. It voted to close the meeting to discuss the offer and then reopened; after review, the council stated its counter proposal was the tax value of $78,400, which the prospective purchaser said they would consider.
Agenda: A10l. Motions: M36, M37. Speakers: Pilon, Scheffler, Reighard, Bednarz, Colling.
Employment decision: Jason Belair
The council voted to not continue Jason Belair’s employment beyond the probationary period, following staff recommendation. Several councilmembers discussed the need for documentation of performance issues; the motion carried 4–1 with Pilon opposed.
Agenda: A10j. Motions: M34. Speakers: Scheffler, Bettinger, Rainville, Reighard, Pilon.
Council compensation for special meetings
The council approved paying $50 per special meeting and also directed that an appropriate fee be investigated for special meetings when there is no escrow account or other request before the council.
Agenda: A10m. Motions: M38, M39. Speakers: Pilon, Bettinger, Rainville.
40 motions on the record. Split votes are highlighted.
M1Rainville made a motion to approve the amended agenda; Bettinger seconded. All in favor; motion carried.
moved by Rainville, seconded by Bettinger
All in favor
M2Pilon made a motion to approve the donation request for $2,500. Rainville seconded.
moved by Pilon, seconded by Rainville
M3Scheffler made a motion to approve the request for an on- sale liquor license; Bettinger seconded. All in favor; motion carried.
moved by Scheffler, seconded by Bettinger
All in favor
M4Bettinger made a motion to approve the Sunday Sales; Scheffler seconded. All in favor; motion carried.
moved by Bettinger, seconded by Scheffler
All in favor
M5Rainville made a motion to deny the 2:00 a.m. closing and recommend for 1:00 a.m. closing; Reighard seconded.
moved by Rainville, seconded by Reighard
M6Bettinger made a motion to approve the request for a Variance by Dave Perkins, as recommended by P&Z and Stockman, and with the changes recommended at the Council workshop; Scheffler seconded. All in favor; motion carried.
moved by Bettinger, seconded by Scheffler
All in favor
M7Bettinger made a motion to approve the request for an Interim Use Permit, as recommended by P&Z and Stockman, and with the changes recommended at the Council workshop; Reighard seconded. All in favor; motion carried.
moved by Bettinger, seconded by Reighard
All in favor
M8Pilon made a motion to continue this to the June meeting so a settlement agreement can be drafted; Scheffler seconded. All in favor; motion carried.
moved by Pilon, seconded by Scheffler
All in favor
M9Pilon made a motion to continue this to the June meeting so a settlement agreement can be drafted; Scheffler seconded. All in favor; motion carried.
moved by Pilon, seconded by Scheffler
All in favor
M10Rainville made a motion to approve the request, as recommended by P&Z and Stockman, with the recommended changes discussed at the Council workshop; Bettinger seconded. All in favor; motion carried.
moved by Rainville, seconded by Bettinger
All in favor
M11Rainville made a motion to approve the request, as recommended by P&Z and Stockman; Reighard seconded. All in favor; motion carried.
moved by Rainville, seconded by Reighard
All in favor
M12Rainville made a motion to have Dean Wirz work with the planner to move forward with the process; Reighard seconded. ... All in favor; motion carried.
moved by Rainville, seconded by Reighard
All in favor
M13Rainville made a motion to move forward with attempting voluntary compliance; Scheffler seconded. All in favor; motion carried.
moved by Rainville, seconded by Scheffler
All in favor
M14Rainville made a motion to move forward with a combination of both recommended actions for compliance; Bettinger seconded. ... All in favor; motion carried.
moved by Rainville, seconded by Bettinger
All in favor
M15Rainville made a motion to send a cease and desist letter on the auto repair business and require compliance with the auto sales business. Pilon seconded. All in favor; motion carried.
moved by Rainville, seconded by Pilon
All in favor
M16Rainville made a motion to approve the Dust Control Proposal from Tri City Paving in the amount of $19,596.281; Scheffler seconded. ... All in favor; motion carried.
moved by Rainville, seconded by Scheffler
All in favor
M17Pilon made a motion to continue to run the ad for a Seasonal Park Maintenance Worker; Bettinger seconded. All in favor; motion carried.
moved by Pilon, seconded by Bettinger
All in favor
M18Scheffler made a motion to Adopt Resolution 2015-08; Bettinger seconded. All in favor; motion carried.
moved by Scheffler, seconded by Bettinger
All in favor
M19Reighard made a motion to approve the bid from Century Fence in the amount of $4,345, to fix the softball field backstop; Rainville seconded. All in favor; motion carried.
moved by Reighard, seconded by Rainville
All in favor
M20Reighard made a motion to table this until the next meeting; Scheffler seconded. All in favor; motion carried.
moved by Reighard, seconded by Scheffler
All in favor
M21Bettinger made a motion to approve the Consent Agenda; Rainville seconded. All in favor; motion carried.
moved by Bettinger, seconded by Rainville
All in favor
M22Rainville made a motion to move forward with the Settlement agreement; Bettinger seconded. All in favor; motion carried.
moved by Rainville, seconded by Bettinger
All in favor
M23Pilon made a motion to table the ramp repairs until we are able to obtain quotes on the bids. Rainville seconded. All in favor; motion carried.
moved by Pilon, seconded by Rainville
All in favor
M24Pilon made a motion to table this until the City can get more information about the culvert and the costs associated with fixing it; Rainville seconded.
moved by Pilon, seconded by Rainville
All in favor
M25Pilon made a motion to authorize the Mayor to work with the Attorney, VOA, Anoka County and the Sheriff's Office to come up with some type of resolution to the problems; Rainville seconded. All in favor; motion carried.
moved by Pilon, seconded by Rainville
All in favor
M26Bettinger made a motion to approve the URRWMO 2016 budget; Scheffler seconded.
moved by Bettinger, seconded by Scheffler
All in favor
M27Rainville made a motion to appoint Bettinger as a representative; Reighard seconded. All in favor; motion carried.
moved by Rainville, seconded by Reighard
All in favor
M28Rainville made a motion to have staff look at the meeting minutes as to attendance at the meetings and bring that information back; Pilon seconded. All in favor; motion carried
moved by Rainville, seconded by Pilon
All in favor
M29Pilon made a motion to table this until a further date; Rainville seconded.
moved by Pilon, seconded by Rainville
M30Rainville made a motion to approve the Ham Lake Chamber of Commerce Premise Permit at the Bourbon Room; Pilon seconded.
moved by Rainville, seconded by Pilon
M31Rainville made a motion to move forward with the Chapter 6 Section 7, Charitable Gambling Regulations; Pilon seconded.
moved by Rainville, seconded by Pilon
Rainville in favor; Four opposed. Motion failed.
M32Pilon made a motion for the Council to consider paying for a portion or all of the costs; Rainville seconded.
moved by Pilon, seconded by Rainville
M33Pilon amended his motion to cap the hotel amount at $109 per night + tax associated with that rate. Rainville amended her second to approve that cap;
moved by Pilon, seconded by Rainville
M34Scheffler made a motion to accept Staff recommendations to not continue the employment of Jason Belair beyond the probationary period; Bettinger seconded.
moved by Scheffler, seconded by Bettinger
M35Bettinger made a motion to approve the use of the City lot North of the City Hall, by Laestadian Lutheran Church on Saturday, June 13th, 2015; Reighard seconded. All in favor; motion carried.
moved by Bettinger, seconded by Reighard
All in favor
M36Pilon made a motion to close the meeting to discuss the offer of Lot 1 Block 2 Burns Town Center, 20-33-25-41-0010; Nowthen MN; Scheffler seconded.
moved by Pilon, seconded by Scheffler
All in favor; motion carried.
M37Pilon made a motion to open the meeting; Reighard seconded. All in favor; motion carried.
moved by Pilon, seconded by Reighard
All in favor
M38Bettinger made a motion to pay $50 per Special Meeting; Rainville seconded. All in favor; motion carried.
moved by Bettinger, seconded by Rainville
All in favor
M39Pilon made a motion to investigate an appropriate fee for Special Meetings, if there is no escrow account or other request before them; Rainville seconded. All in favor; motion carried.
moved by Pilon, seconded by Rainville
All in favor
M40Bettinger made a motion to adjourn the meeting at 9:12 p.m .; Scheffler seconded. All in favor; motion carried.
moved by Bettinger, seconded by Scheffler
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
Nowthen Heritage Festival donation request approved.
donation
$2,500
outflow
F2
Dust Control proposal from Tri City Paving approved.
contract
$19,596.28
outflow
F3
Acceptance of a donation from the Ramsey Lions to the Nowthen Park Fund.
donation · Nowthen Park Fund
$7,500
inflow
F4
Century Fence bid to fix the softball field backstop at Nowthen Memorial Park.
contract
$4,345
outflow
F5
Total for selected claims (Claims History) included in the audited bills packet for claims #9411 through #9464.
expenditure · claims #9411-#9464
$175,375.31
outflow
F6
Offer to purchase Lot 1 Block 2, Burns Town Center for $50,000.
asset_value
$50,000
inflow
Council approval status: not yet on record.
F7
Council counter proposal for Lot 1 Block 2, Burns Town Center at tax value $78,400.00.
asset_value · FY 2016
$78,400
inflow
Council approval status: not yet on record.
F8
Council special meeting reimbursement set at $50 per special meeting.
salary
$50
outflow
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