City Council Meeting

What was on the agenda

19 items as recorded in the packet and minutes, each with a plain-English summary of what was at issue.

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.

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.

Public hearing closed and ordinance approved during public hearing portion.

Ordinance 2014-07 CUP revocation and reapplication

Approved

p. 2PDF

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.

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.

Continued to Sept. 9, 2014 City Council meeting.

Jerry Bauer CUP revocation 21226 St. Francis Blvd

Continued

p. 3

CC-0Approve/amend meeting agenda (add Code Enforcement—Council Direction)

Agenda amended to add item 3.f.

meeting administration

Approved

p. 4

CC-1Sheriff Update

Lt. Wayne Heath report of calls for service for July 2014 and identity theft warning.

sheriff update

Discussion only

p. 4

CC-2Floor Items

No floor items were addressed.

public comments

No action

PDF

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).

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.

Approved with five conditions including revised site survey, landscaping screening within two years, building permit, code compliance, and applicant paying review costs.

Tague variance 6423 226th Ave NW

Approved with conditions

PDFp. 5PDF

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.

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.

Denied because applicant decided not to proceed.

Hammer lot split PID 26-33-25-13-0003

Denied

p. 5

CC-3cWind Energy Conversion Systems (WECS) & Solar Systems — direct staff to create ordinance

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.

Staff directed to create an ordinance with examples consistent with current ordinance.

WECS and solar ordinance drafting

Approved

PDF

CC-3dROSP Open House presentation dates and materials

Schedule ROSP open house presentations and set preliminary review at workshops.

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.

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.

ROSP open house scheduling

Approved

p. 6

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.

consent agenda

Consent calendar

p. 9

CC-5aApprove booth at Threshing Show

Threshing Show booth

Approved

p. 10

CC-5bCity Hall Parking Lot Improvements

Table to Sept. 9, 2014 for further 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.

Tabled until further quotes are obtained.

City Hall parking lot improvements

Tabled

p. 10

CC-5cRB's Computer Service Agreement Options

Approve 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.

Consensus noted that Silver Plan cost is $5000.00 per year from General Fund; motion passed.

RB's Computer Service Agreement

Approved

p. 10

CC-5dNowthen Memorial Park Restroom Improvements

Table to Sept. 9, 2014 for further 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.

Tabled until further quotes are obtained.

Nowthen Memorial Park restroom ADA improvements

Tabled

p. 11

CC-5eTroy Enebak — disputing fire call bill

Table disputed fire call billing for further review and discussion with Fire Chief.

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.

Tabled because council had not had time to read the breakdown; Pilon to meet with Fire Chief Kapler.

Troy Enebak fire call bill dispute

Tabled

p. 11p. 11

CC-5fRequest to purchase reusable recycling bags (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.

reusable recycling bags SCORE grant

Approved

p. 12

CC-5g2014 Audit Proposal (Michael Pofahl)

Approve audit proposal not to exceed $6,780.00.

Council approved the 2014 audit proposal from Michael W. Pofahl, CPA, with the minutes noting the fee not to exceed $6,780.00.

2014 audit proposal Michael Pofahl

Approved

p. 12

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.

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.

No formal action beyond consensus and staff follow-up requests.

strip mall building auction
HRA funds
fire report consistency

Discussion only

p. 13p. 14PDF

CC-AdjAdjourn

Adjourned at 8:55 PM.

meeting administration

Approved

p. 15

Other topics discussed

Topics that came up without tying to a specific agenda item.

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.

Motions and votes

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.

Exact transcript text

Meyer made the motion to approve the revised (Attorney Ruppe's comments now added) copy of Ordinance 2014-07.

moved by Meyer, seconded by Scheffler

Passed

All in favor; motion carried.

PDF

M-2Schulz made the motion to continue this Public Hearing to the Sept. 9th, 2014 CC meeting.

Exact transcript text

Schulz made the motion to continue this Public Hearing to the Sept. 9th, 2014 CC meeting.

moved by Schulz, seconded by Pilon

Passed

all in favor; motion carried.

p. 3

M-3Meyer made the motion to amend the meeting agenda as presented with the addition of Code Enforcement - Council Direction.

Exact transcript text

Meyer made the motion to amend the meeting agenda as presented with the addition of Code Enforcement - Council Direction.

moved by Meyer, seconded by Rainville

Passed

all in favor; motion carried.

p. 4

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:.

Exact transcript text

Meyer 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

Passed

all in favor; motion carried.

PDF

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.

Exact transcript text

Scheffler 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

Passed

all in favor; motion carried.

p. 5

M-6Scheffler made the motion to have staff create an Ordinance with examples consistent with our current Ordinance.

Exact transcript text

Scheffler made the motion to have staff create an Ordinance with examples consistent with our current Ordinance.

moved by Scheffler, seconded by Rainville

Passed

All in favor; motion carried.

PDF

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.

Exact transcript text

Rainville 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

Passed

all in favor; motion carried.

p. 6

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.

Exact transcript text

Pilon 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

Passed

all in favor; motion carried.

p. 9

M-9Rainville made the motion to approve all 4 items on the Consent Agenda, as presented.

Exact transcript text

Rainville made the motion to approve all 4 items on the Consent Agenda, as presented.

moved by Rainville, seconded by Meyer

Passed

all in favor; motion carried.

p. 9

M-10Schulz made the motion to approve the booth at the Threshing Show.

Exact transcript text

Schulz made the motion to approve the booth at the Threshing Show.

moved by Schulz, seconded by Meyer

Passed

all in favor; motion carried.

p. 10

M-11Meyer made motion to table the City Hall Parking Lot Improvements until further quotes are obtained.

Exact transcript text

Meyer made motion to table the City Hall Parking Lot Improvements until further quotes are obtained.

moved by Meyer, seconded by Scheffler

Tabled

all in favor; motion carried.

p. 10

M-12Scheffler made the motion to approve RB's Computer Service Agreement (Silver Plan).

Exact transcript text

Scheffler made the motion to approve RB's Computer Service Agreement (Silver Plan).

moved by Scheffler, seconded by Rainville

Passed

all in favor; motion carried.

p. 10

M-13Meyer made motion to table the Nowthen Memorial Park Restroom Improvements until further quotes are obtained.

Exact transcript text

Meyer made motion to table the Nowthen Memorial Park Restroom Improvements until further quotes are obtained.

moved by Meyer, seconded by Schulz

Tabled

all in favor; motion carried.

p. 11

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.

Exact transcript text

Pilon 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

Tabled

all in favor; motion carried.

p. 11

M-15Rainville made the motion to approve the purchase of Reusable Recycling Bags.

Exact transcript text

Rainville made the motion to approve the purchase of Reusable Recycling Bags.

moved by Rainville, seconded by Meyer

Passed

all in favor; motion carried.

p. 12

M-16Rainville made the motion to approve the 2014 Audit Proposal by Michael Pofahl.