Tuesday, October 13, 2015
Agenda
Not posted
What was on the agenda.
Packet
Not posted
The supporting materials council reviewed.
One-line summary
The City Council approved multiple administrative and planning actions (including floodplain ordinance updates and moving forward on a WECS/solar ordinance public hearing), addressed several code enforcement matters, approved the consent agenda, and made decisions on committee appointments and several operational items.
32 items as recorded in the minutes, each with a plain-English summary of what was at issue.
0Approve/amend the meeting agenda
Approve the amended agenda as presented.
1Sheriff Update
September 2015 calls for service update from Sgt. Andy Knots.
2Floor Items
Public comments/questions on administration citation timing, recycling center concrete sealing, City Hall floor resealing, traffic safety and dust control requests, and thanks for staff help at Heritage Festival.
Residents Scott and Teresa Halldorson asked when the Council would decide on an administration citation, and the Mayor said the decision would be made at the November 10 meeting. The Council discussed code enforcement costs for the Barrows property ($1,125.35 in 2014–2015, with possible additional attorney time) and authorized staff to calculate actual staff time for properties scheduled for a November 2015 public hearing. The Council directed a more aggressive court approach for Gary Scott, authorized a letter to Daniell Ortell regarding wetlands misunderstandings, discussed possibly waiving part or all of Scott Halldorson’s assessment pending staff cost calculations, and amended a motion regarding Jerry Bauer’s business without a CUP to require Bauer to present a plan in November 2015 or the City would proceed with a formal cease and desist order.
3aTroy Bednarz — City Park and Lot Usage Contract
Motion to send the contract concept to Park & Rec Committee to draft; consider samples and what other cities do.
The Council sent development of a City Park and Lot Usage Contract to the Park and Rec Committee to draft, with direction to look at samples and what other cities do. The Council also approved creating a form (by Glaze) to track staff time used during special events so the City can better separate and document donated or city-supported event expenses.
3bTroy Bednarz — Separation of donated expenses (track staff time)
Develop a form to track staff time used during special events.
The Council sent development of a City Park and Lot Usage Contract to the Park and Rec Committee to draft, with direction to look at samples and what other cities do. The Council also approved creating a form (by Glaze) to track staff time used during special events so the City can better separate and document donated or city-supported event expenses.
3cTroy Bednarz — Video recordings of meetings (donation of equipment)
Direct staff to research equipment and staffing needs and bring a report back to Council.
In response to requests for recordings of meetings, the Council directed staff to research what equipment and staffing would be necessary and to bring a report back to the Council.
4aPlanning and Zoning — Adopt Amended Chapter 11 of the City Code (FEMA maps/floodplain)
Revise floodplain district regulation language for updated FEMA maps; approve ordinance as written.
The Council approved Amended Chapter 11 of the City Code to revise language tied to updated FEMA maps and floodplain district regulations, after discussion including DNR input about the flood warning system and staff’s recommendation to approve the ordinance as written.
4bPlanning and Zoning — Wind Energy Conversion System & Solar Systems (WECS) ordinance
Proposed ordinance; recommendation to proceed to public hearing.
The Council authorized the Planning and Zoning Commission to move forward with a public hearing on a proposed Wind Energy Conversion System (WECS) and solar systems ordinance.
4cPlanning and Zoning — Citation Notices (code enforcement staff time)
Approve staff to calculate actual staff time spent on code enforcement for properties scheduled for public hearing in November 2015; includes discussion of Barrows property enforcement costs.
Residents Scott and Teresa Halldorson asked when the Council would decide on an administration citation, and the Mayor said the decision would be made at the November 10 meeting. The Council discussed code enforcement costs for the Barrows property ($1,125.35 in 2014–2015, with possible additional attorney time) and authorized staff to calculate actual staff time for properties scheduled for a November 2015 public hearing. The Council directed a more aggressive court approach for Gary Scott, authorized a letter to Daniell Ortell regarding wetlands misunderstandings, discussed possibly waiving part or all of Scott Halldorson’s assessment pending staff cost calculations, and amended a motion regarding Jerry Bauer’s business without a CUP to require Bauer to present a plan in November 2015 or the City would proceed with a formal cease and desist order.
4d-1Planning and Zoning — Council Direction: Gary Scott (21830 Xenon Street)
Proceed more aggressively in court per attorney recommendations.
Residents Scott and Teresa Halldorson asked when the Council would decide on an administration citation, and the Mayor said the decision would be made at the November 10 meeting. The Council discussed code enforcement costs for the Barrows property ($1,125.35 in 2014–2015, with possible additional attorney time) and authorized staff to calculate actual staff time for properties scheduled for a November 2015 public hearing. The Council directed a more aggressive court approach for Gary Scott, authorized a letter to Daniell Ortell regarding wetlands misunderstandings, discussed possibly waiving part or all of Scott Halldorson’s assessment pending staff cost calculations, and amended a motion regarding Jerry Bauer’s business without a CUP to require Bauer to present a plan in November 2015 or the City would proceed with a formal cease and desist order.
4d-2Planning and Zoning — Council Direction: Daniell Ortell (20930 Cleary Road)
Staff to move forward with a letter regarding wetlands misunderstanding and relocating the house location on the property.
Residents Scott and Teresa Halldorson asked when the Council would decide on an administration citation, and the Mayor said the decision would be made at the November 10 meeting. The Council discussed code enforcement costs for the Barrows property ($1,125.35 in 2014–2015, with possible additional attorney time) and authorized staff to calculate actual staff time for properties scheduled for a November 2015 public hearing. The Council directed a more aggressive court approach for Gary Scott, authorized a letter to Daniell Ortell regarding wetlands misunderstandings, discussed possibly waiving part or all of Scott Halldorson’s assessment pending staff cost calculations, and amended a motion regarding Jerry Bauer’s business without a CUP to require Bauer to present a plan in November 2015 or the City would proceed with a formal cease and desist order.
4d-3Planning and Zoning — Council Direction: Scott Halldorson (18560 Cleary Road)
Discussed waiving part or all of assessment amount; staff to calculate associated code enforcement costs and return next meeting.
Residents Scott and Teresa Halldorson asked when the Council would decide on an administration citation, and the Mayor said the decision would be made at the November 10 meeting. The Council discussed code enforcement costs for the Barrows property ($1,125.35 in 2014–2015, with possible additional attorney time) and authorized staff to calculate actual staff time for properties scheduled for a November 2015 public hearing. The Council directed a more aggressive court approach for Gary Scott, authorized a letter to Daniell Ortell regarding wetlands misunderstandings, discussed possibly waiving part or all of Scott Halldorson’s assessment pending staff cost calculations, and amended a motion regarding Jerry Bauer’s business without a CUP to require Bauer to present a plan in November 2015 or the City would proceed with a formal cease and desist order.
4d-4Planning and Zoning — Council Direction: Jerry Bauer (21226 St. Francis Blvd)
Code enforcement for business operating without a CUP; amended motion to require a plan in November 2015 meeting or proceed with cease and desist order.
Residents Scott and Teresa Halldorson asked when the Council would decide on an administration citation, and the Mayor said the decision would be made at the November 10 meeting. The Council discussed code enforcement costs for the Barrows property ($1,125.35 in 2014–2015, with possible additional attorney time) and authorized staff to calculate actual staff time for properties scheduled for a November 2015 public hearing. The Council directed a more aggressive court approach for Gary Scott, authorized a letter to Daniell Ortell regarding wetlands misunderstandings, discussed possibly waiving part or all of Scott Halldorson’s assessment pending staff cost calculations, and amended a motion regarding Jerry Bauer’s business without a CUP to require Bauer to present a plan in November 2015 or the City would proceed with a formal cease and desist order.
4d-5Planning and Zoning — Council Direction: Bob Johnson/Burns Auto Sales (5340 199th)
Council consensus for staff to continue working with Johnsons to submit IUP application; discussion of vehicle counts and test driving complaints.
The Council discussed Bob Johnson/Burns Auto Sales at 5340 199th, including misunderstandings about an agreement, the need to reduce the number of vehicles, and neighbor complaints about test driving on 199th Ave. The Council’s consensus direction was for staff to continue working with the Johnsons to submit their IUP application, and noted that an IUP could include conditions such as not using the gravel road for test driving.
Council provided direction/consensus but no formal motion recorded for the direction to continue working toward the IUP application.
4d-6Planning and Zoning — Council Direction: Kent Roessler (PID 25-33-25-12-0001)
Move forward with Findings and Facts as presented (related to history, findings, and application submittal requirements including frontage road alignment discussion).
The Council discussed requirements related to Kent Roessler (PID 25-33-25-12-0001), including showing alignment for a future frontage road and how soils might affect feasibility. The Council approved moving forward with the Findings and Facts as presented, on a split vote with Bettinger opposed.
5aRoad and Bridge — Swap Meet request (use of open field across from Recycling Center)
Council direction that it is hesitant to allow use of land based on effect on potential future septic system site; advise Road and Bridge Committee.
Regarding a request to use the open field across from the Recycling Center, the Council stated it was hesitant to allow use of the land due to potential effects on a future septic system site, and planned for that concern to be communicated to the Road and Bridge Committee.
6.1Consent Agenda 1.1 — Approve meeting minutes (Sept 8, 2015 regular; Sept 21, 2015 special budget)
Approve minutes listed under consent agenda.
6.2Consent Agenda 1.2 — Financial Report
Accept/approve financial report under consent agenda.
6.3Consent Agenda 1.3 — Approve All Audited Bills (Claim #9669–#9730) plus Net Distribution reports
Approve audited bills and net distribution reports dated Sept 8, Sept 21, and Oct 5, 2015.
6.4Consent Agenda 1.4 — Adopt Proclamation for Domestic Violence Month
Adopt proclamation under consent agenda.
6.5Consent Agenda 1.5 — Adopt Resolution 2015-16 Request for Speed Zone Study
Adopt resolution requesting speed zone study under consent agenda.
7aCouncil Items — Approval to Purchase used Tool-Cat
Approve purchase using funds from Recycling Grant, Road and Bridge Equipment, and Park and Rec Equipment Fund.
7bCouncil Items — Appointment to Road and Bridge Committee / ordinance discussion
Motion to appoint Bettinger failed; motion to forward applications to Road and Bridge Committee carried; schedule workshop discussion of multiple council members on committees carried.
A motion to appoint Bettinger to the Road and Bridge Committee failed after debate about whether multiple council members should serve on committees and whether council members should be liaisons or voting members. The Council then voted to forward all received applications to the Road and Bridge Committee for consideration, and added to the next workshop agenda a discussion about allowing multiple council members on committees.
This agenda section contained multiple motions with different outcomes (appointment motion failed; forwarding applications and adding workshop discussion were approved).
7cCouncil Items — Generator Maintenance Contract
Approve preventive maintenance and repair services contract with Generator Power Systems (Oct 2015–Sept 2016).
The Council approved an October 2015 to September 2016 preventative maintenance and repair services contract with Generator Power Systems for $1,230.00.
7dCouncil Items — Liability Coverage waiver form
Do not waive the monetary limits on municipal tort liability per Minnesota Statutes Section 466.04.
7eCouncil Items — Job Descriptions
Approve job descriptions as presented.
7fCouncil Items — RFP for Wage Study
Publish an RFP for a wage and compensation study including both public and private sector equivalents for actual job duties.
The Council approved publishing an RFP for a Wage and Compensation Study that would include both public and private sector equivalents for the actual job duties performed by city staff. The motion carried 3–2, with Bettinger and Scheffler opposed, after discussion about whether private-sector comparisons are appropriate and what the study’s final cost might be.
7gCouncil Items — Local Government Official Meeting (Oct 29, Bunker Hills Golf Course)
Request permission to attend LGO Meeting; discussion of cost and expectation of reporting back.
The Council approved a request for permission to attend the October 29 Local Government Official meeting at Bunker Hills Golf Course, with discussion about cost (including $50 compensation plus meal and mileage) and the expectation that council members attending should report back at the next council meeting to show value from attending.
7hCouncil Items — Council Request Form
Amend Council Request Form to include City logo and information; encourage individuals to use the form for actions requested of Council.
7iCouncil Items — Replace Fire Station Garage Door Openers
Approve replacement of additional fire door openers.
8Introduction of New Items
No new items presented.
9Adjournment
Adjourn at 8:50 PM.
23 motions on the record. Split votes are highlighted.
M1Scheffler made a motion to approve the amended agenda, as presented; Bettinger seconded.
Scheffler made a motion to approve the amended agenda, as presented; Bettinger seconded.
moved by Scheffler, seconded by Bettinger
All in favor
M2Scheffler made a motion to send this to the Park and Rec. Committee to come up with a draft contract; Rainville seconded.
Scheffler made a motion to send this to the Park and Rec. Committee to come up with a draft contract; Rainville seconded.
moved by Scheffler, seconded by Rainville
All in favor
M3Scheffler made a motion to have Glaze put together a form to use to track staff time used during special events; Reighard seconded.
Scheffler made a motion to have Glaze put together a form to use to track staff time used during special events; Reighard seconded.
moved by Scheffler, seconded by Reighard
All in favor
M4Scheffler made a motion to have staff move forward with researching what type of equipment and staffing would be necessary and to present a report to the Council; Rainville seconded.
Scheffler made a motion to have staff move forward with researching what type of equipment and staffing would be necessary and to present a report to the Council; Rainville seconded.
moved by Scheffler, seconded by Rainville
All in favor
M5Bettinger made a motion to approve the Amended Chapter 11; Scheffler seconded.
Bettinger made a motion to approve the Amended Chapter 11; Scheffler seconded.
moved by Bettinger, seconded by Scheffler
All in favor
M6Pilon made a motion to have the Planning and Zoning Commission move forward with the public hearing; Rainville seconded.
Pilon made a motion to have the Planning and Zoning Commission move forward with the public hearing; Rainville seconded.
moved by Pilon, seconded by Rainville
All in favor
M7Pilon made a motion to approve staff to calculate actual staff time spent on code enforcement on the properties scheduled to go to public hearing in November 2015; Bettinger seconded.
Pilon made a motion to approve staff to calculate actual staff time spent on code enforcement on the properties scheduled to go to public hearing in November 2015; Bettinger seconded.
moved by Pilon, seconded by Bettinger
All in favor
M8Rainville made a motion to move forward with the Attorneys recommendations to proceed harder and faster in the court system; Reighard seconded.
Rainville made a motion to move forward with the Attorneys recommendations to proceed harder and faster in the court system; Reighard seconded.
moved by Rainville, seconded by Reighard
All in favor
M9Rainville amended her motion to contact Bauer and ask him to present a valid plan for moving his business or ceasing his business, at that location, to the Council in November 2015. If he doesn't present a plan at the meeting, or the Council is not accepting to what is presented at that meeting, move forward with a formal Cease and Desist Order; Pilon seconded the amendment.
Rainville amended her motion to contact Bauer and ask him to present a valid plan for moving his business or ceasing his business, at that location, to the Council in November 2015. If he doesn't present a plan at the meeting, or the Council is not accepting to what is presented at that meeting, move forward with a formal Cease and Desist Order; Pilon seconded the amendment.
moved by Rainville, seconded by Pilon
All in favor
M10Rainville made a motion to move forward with the Findings and Facts, as presented; Scheffler seconded.
Rainville made a motion to move forward with the Findings and Facts, as presented; Scheffler seconded.
moved by Rainville, seconded by Scheffler
M11Rainville made a motion to approve the Consent Agenda; Pilon seconded.
moved by Rainville, seconded by Pilon
All in favor
M12Bettinger made a motion to approve the purchase; Scheffler seconded.
Bettinger made a motion to approve the purchase; Scheffler seconded.
moved by Bettinger, seconded by Scheffler
All in favor
M13Scheffler made a motion to appoint Bettinger to the Road and Bridge Committee; Bettinger seconded.
Scheffler made a motion to appoint Bettinger to the Road and Bridge Committee; Bettinger seconded.
moved by Scheffler, seconded by Bettinger
M14Rainville made a motion to forward the applications received to the Road and Bridge Committee for consideration; Pilon seconded.
Rainville made a motion to forward the applications received to the Road and Bridge Committee for consideration; Pilon seconded.
moved by Rainville, seconded by Pilon
M15Scheffler made a motion to have the discussion of multiple Council Members on committees on the next workshop agenda; Bettinger seconded.
Scheffler made a motion to have the discussion of multiple Council Members on committees on the next workshop agenda; Bettinger seconded.
moved by Scheffler, seconded by Bettinger
All in favor
M16Bettinger made a motion to approve the October 2015 to September 2016 Preventative Maintenance and Repair Services contract with Generator Power Systems for a price of $1,230.00; Rainville seconded.
Bettinger made a motion to approve the October 2015 to September 2016 Preventative Maintenance and Repair Services contract with Generator Power Systems for a price of $1,230.00; Rainville seconded.
moved by Bettinger, seconded by Rainville
All in favor
M17Bettinger made a motion to not waive the monetary limits on municipal tort liability established by Minnesota Statutes Section 466.04; Rainville seconded.
Bettinger made a motion to not waive the monetary limits on municipal tort liability established by Minnesota Statutes Section 466.04; Rainville seconded.
moved by Bettinger, seconded by Rainville
All in favor
M18Bettinger made a motion to approve the job descriptions as presented; Scheffler seconded.
Bettinger made a motion to approve the job descriptions as presented; Scheffler seconded.
moved by Bettinger, seconded by Scheffler
All in favor
M19Pilon made a motion to publish the Request for Proposal for a Wage and Compensation Study to include both public and private sector equivalents for the actual job duties performed by City Staff; Rainville seconded.
Pilon made a motion to publish the Request for Proposal for a Wage and Compensation Study to include both public and private sector equivalents for the actual job duties performed by City Staff; Rainville seconded.
moved by Pilon, seconded by Rainville
M20Rainville made a motion to request permission to attend the LGO Meeting.
Rainville made a motion to request permission to attend the LGO Meeting.
moved by Rainville, seconded by Pilon
M21Pilon made a motion to amend the Council Request Form to include the City Logo and information and recommend that individuals be encourage to use the form for actions requested of the Council. Rainville seconded.
Pilon made a motion to amend the Council Request Form to include the City Logo and information and recommend that individuals be encourage to use the form for actions requested of the Council. Rainville seconded.
moved by Pilon, seconded by Rainville
All in favor
M22Rainville made a motion to approve the replacement of the additional fire door openers; Pilon seconded.
Rainville made a motion to approve the replacement of the additional fire door openers; Pilon seconded.
moved by Rainville, seconded by Pilon
All in favor
M23Rainville made a motion to adjourn at 8:50 PM; Scheffler seconded.
moved by Rainville, seconded by Scheffler
All in favor
The amounts the council actually voted to approve, each with the vote that approved it. Drawn from the official minutes.
F2
$1,230
Documents and recordings archived for this meeting, when available.
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