M-1Schulz made a motion to approve the amended agenda; Meyer seconded. All in favor; motion carried.
moved by Schulz, seconded by Meyer
All in favor; motion carried.
Tuesday, September 9, 2014
Agenda
Not posted
What was on the agenda.
One-line summary
Council approved an ordinance allowing private/semi-private outdoor recreation as an interim use in the RRA district, handled multiple planning/zoning items (including a Carlson IUP approval and a Swanson flag-lot CUP approval), revoked Jerry Bauer’s CUP, approved the consent agenda, scheduled the Truth-in-Taxation hearing, approved a parking lot improvement plan, and took several council actions including tabling the 2015 sheriff contract and requiring payment of a disputed fire-call bill.
25 items as recorded in the packet and minutes, each with a plain-English summary of what was at issue.
PH-1An Amendment to the City of Nowthen Zoning Ordinance Allowing private and semi-private outdoor recreations uses as an interim use in the RRA District
Rocket Club withdrew request for an IUP, which would have required the new zoning.
The council held a public hearing on a zoning ordinance amendment to allow private and semi-private outdoor club recreational uses as an interim use in the RRA district, discussed the rocket club’s activities and the fact the original IUP request had been withdrawn, and ultimately adopted Ordinance 2014-08 with summary publication. Separately, when the MASA IUP item came up under Planning and Zoning, the council denied the IUP request because it was withdrawn.
Adopted later as Ordinance 2014-08.
PH-2Revocation of Conditional Use Permit - Jerry Bauer (21226 St. Francis Blvd NW)
Public Hearing for Revocation of CUP Issued to Jerry Bauer on March 15, 1994 by the Burns Town Board for a home-extended septic installation business.
The council held a public hearing on revoking a conditional use permit originally issued in 1994 for a home-extended septic installation business at 21226 St. Francis Blvd NW, with councilmembers citing long-running violations and lack of engagement with staff. After discussion (including a resident comment supporting revocation), the council closed the hearing and later voted to revoke the CUP.
Public hearing held; later in the meeting the council voted to revoke the CUP.
CC-1Allegiance
Minutes do not record any action for this agenda line.
CC-2Clerk Reads the Meeting Policy
Minutes do not record any action for this agenda line.
CC-3Approve/amend the meeting agenda
Agenda amended to add Ordinance 14-08 and two council items.
CC-4Sheriff Update
Update given; no council action recorded.
CC-5Floor Items
Floor items are an opportunity for the public to address the City Council regarding any issues or concerns they have.
Rocket club member asked about participating in Heritage Festival; no action recorded.
CC-6aPlanning and Zoning - Neal Higgins / MN Amateur Space Modelers Association (MASA) IUP (withdrawn)
City Council to deny request as applicant withdrew request for an Interim Use Permit to launch model rockets at a site located westerly of Tiger St. and 211th Ave.
The council held a public hearing on a zoning ordinance amendment to allow private and semi-private outdoor club recreational uses as an interim use in the RRA district, discussed the rocket club’s activities and the fact the original IUP request had been withdrawn, and ultimately adopted Ordinance 2014-08 with summary publication. Separately, when the MASA IUP item came up under Planning and Zoning, the council denied the IUP request because it was withdrawn.
Denied because request was withdrawn.
CC-6bPlanning and Zoning - Frank & Deborah Carlson IUP (Majestic Masonry) at 18970 Nowthen Blvd
Request for an Interim Use Permit (IUP) to operate a home extended business of masonry contracting services (Majestic Masonry) (PIN 28-33-25-34-0009).
The council considered and approved an interim use permit and extended home occupation for Majestic Masonry at 18970 Nowthen Blvd, adopting multiple operating conditions including hours of operation, sign limits, limits on employees/subcontractors, and residency timing requirements, plus standard IUP termination and extension provisions and responsibility for processing costs.
Approved with conditions listed in motion.
CC-6cPlanning and Zoning - Ralph Swanson CUP for flag lot / lot reconfiguration
Request for a Conditional Use Permit (CUP) to allow the creation of one flag lot as part of minor subdivision/lot reconfiguration request.
The council approved Ralph Swanson’s request for a lot reconfiguration and conditional use permit to create one flag lot as part of a minor subdivision/lot reconfiguration, following the planner’s recommendations. Meyer removed himself from the discussion and abstained from the vote, while the remaining four councilmembers voted in favor.
Approved; Meyer abstained and removed himself from discussion.
CC-6dPlanning and Zoning - Revocation of CUP (Jerry Bauer) at 21226 St. Francis Blvd NW
Revocation of CUP issued March 15, 1994 by Burns Town Board for a septic installation business.
The council held a public hearing on revoking a conditional use permit originally issued in 1994 for a home-extended septic installation business at 21226 St. Francis Blvd NW, with councilmembers citing long-running violations and lack of engagement with staff. After discussion (including a resident comment supporting revocation), the council closed the hearing and later voted to revoke the CUP.
CUP revoked by motion.
CC-6ePlanning and Zoning - Ordinance 2014-08 (outdoor club recreation as interim use in RRA)
The council held a public hearing on a zoning ordinance amendment to allow private and semi-private outdoor club recreational uses as an interim use in the RRA district, discussed the rocket club’s activities and the fact the original IUP request had been withdrawn, and ultimately adopted Ordinance 2014-08 with summary publication. Separately, when the MASA IUP item came up under Planning and Zoning, the council denied the IUP request because it was withdrawn.
Ordinance 2014-08 approved with summary publication.
CC-7Consent Agenda (Aug. 11 minutes; financial report; audited bills claims #8937-#9013 plus net distribution reports; Domestic Violence Awareness Month; temporary liquor license - Ramsey Lions)
Approved as presented by one motion.
CC-8aSchedule Budget and Tax Hearing - December 9, 2014
Scheduled for Tuesday, December 9, 2014 at 6:01 PM.
CC-8bCity Hall Parking Lot Improvements
After discussion that chip seal work would occur next year, the council approved moving forward with patching and crack filling in the current year and a granite chip seal the following year, for a stated total of $18,390.
Approved patching/crack fill this year and granite chip seal next year for total $18,390.
CC-8cApprove Sheriff's 2015 Contract
Council discussed the cost and service levels of the proposed 2015 sheriff contract, with differing views about affordability and proactive policing. The council voted to table the decision until the budget meeting, with Pilon voting against tabling.
Tabled until the budget meeting; Pilon opposed the tabling motion.
CC-8dBirchwood Lane - Approve removal of tree
The council approved removing a leaning tree on Birchwood Lane and set a cost-share arrangement under which the homeowner would pay $200. The engineer memo in the packet described two quotes, a lowest quote of $641, and a remaining city cost of $441 after the homeowner contribution.
Approved removing tree; homeowner to pay $200.
CC-8eTroy Enebak - Disputing Fire Call bill
The council revisited a disputed fire-call charge involving Troy Enebak, noting review of the incident with the fire chief and assistant chief and recommending the homeowner be responsible for the full amount. The council voted to require payment of 100% of the fire call.
Council required homeowner to pay 100% of the fire call.
CC-8fCity Hall Ramp and steps
Council discussed that the ramp and steps work was completed per the contractor’s bid but did not meet ADA requirements and needed additional railing work; the council tabled the item to gather bids and discuss compliance costs and responsibility for payment.
Tabled until bids are obtained to make it ADA compliant.
CC-8gRecommendation to hire Maintenance Worker
Discussion noted; no motion recorded.
CC-8hForklift - Submit for bid proposals
Council authorized submitting the forklift for sealed bid proposals as a next step toward potential replacement or procurement.
Approved submitting for sealed bids.
CC-8iOff Site Park and Rec. Mtg.
Off-site research trip committee meeting to Minnetonka Gun club.
Council approved the Park and Recreation Committee’s request to hold an off-site research trip committee meeting to the Minnetonka Gun club.
Approved off-site research meeting.
CC-8jStaffing City Booth at Heritage Festival
Minutes note request; no motion recorded.
CC-9Introduction of New Items
No new items introduced per minutes.
CC-10Meeting Adjourned
Adjourned at 9:06 P.M.
16 motions on the record. Split votes are highlighted.
M-1Schulz made a motion to approve the amended agenda; Meyer seconded. All in favor; motion carried.
moved by Schulz, seconded by Meyer
All in favor; motion carried.
M-2Rainville made a motion to deny the request as it was withdrawn; Scheffler seconded.
Rainville made a motion to deny the request as it was withdrawn; Scheffler seconded.
moved by Rainville, seconded by Scheffler
All in favor; motion carried.
M-3Rainville made a motion to approve the request by Frank and Deborah Carlson for an Interim Use Permit and Extended Home Occupation for Majestic Masonry Contracting Services with the following conditions: 1. Hours of operation are limited to Monday through Saturday between 6AM and 7PM. 2. Any future sign is limited to a maximum 6 square foot size. Plans shall be submitted for review and shall be approved by the City Planner and Building Official through issuance of a sign permit. 3. 'No more than two (2) full-time or (4) part-time on-site employees or subcontractors may be permitted on the property at any given time, not including family members as indicated in Section 11-4-3.B.1 of the City Zoning Ordinance. 4. Carolyn Bartlow vacates the residence no later than October 15th, 2014 and Cully Carlson's family takes up residence by November 30, 2014. 5. Any change or intensification of the property use, or activities not permitted by the Interim Use Permit issued shall require an amended IUP. The nature of the business and declaration of typical activities to be conducted on the property have been clearly indicated in the application, letter of intent and Planning report dated August 21, 2014 prepared by the City Planner, The Planning Company LLC. 6. Termination of the IUP will occur at the time the property is sold outside of the family, upon violation of any condition, following discontinuation of the business or use for one (1) year, or a change in regulation by the City Council. 7. If an interim use approved by the City Council is not exercised or put into effect within one (1) year of the date of approval, by fulfilling each and every condition attached thereto, it shall terminate unless a request is submitted to the City in writing no less than thirty (30) days prior to the deadline. The City Zoning Administrator may approve an extension, which shall not exceed ninety (90) days, whereafter, reapplication and approval of the interim use by the City Council will be required. 8. The applicants are responsible for all costs associated with the processing of this request,.
Rainville made a motion to approve the request by Frank and Deborah Carlson for an Interim Use Permit and Extended Home Occupation for Majestic Masonry Contracting Services with the following conditions: 1. Hours of operation are limited to Monday through Saturday between 6AM and 7PM. 2. Any future sign is limited to a maximum 6 square foot size. Plans shall be submitted for review and shall be approved by the City Planner and Building Official through issuance of a sign permit. 3. 'No more than two (2) full-time or (4) part-time on-site employees or subcontractors may be permitted on the property at any given time, not including family members as indicated in Section 11-4-3.B.1 of the City Zoning Ordinance. 4. Carolyn Bartlow vacates the residence no later than October 15th, 2014 and Cully Carlson's family takes up residence by November 30, 2014. 5. Any change or intensification of the property use, or activities not permitted by the Interim Use Permit issued shall require an amended IUP. The nature of the business and declaration of typical activities to be conducted on the property have been clearly indicated in the application, letter of intent and Planning report dated August 21, 2014 prepared by the City Planner, The Planning Company LLC. 6. Termination of the IUP will occur at the time the property is sold outside of the family, upon violation of any condition, following discontinuation of the business or use for one (1) year, or a change in regulation by the City Council. 7. If an interim use approved by the City Council is not exercised or put into effect within one (1) year of the date of approval, by fulfilling each and every condition attached thereto, it shall terminate unless a request is submitted to the City in writing no less than thirty (30) days prior to the deadline. The City Zoning Administrator may approve an extension, which shall not exceed ninety (90) days, whereafter, reapplication and approval of the interim use by the City Council will be required. 8. The applicants are responsible for all costs associated with the processing of this request,
moved by Rainville, seconded by Pilon
All in favor; motion carried.
M-4Scheffler made a motion to approve the request for a Lot Reconfiguration and Conditional Use Permit (CUP) to allow the creation of one flag lot under the terms of the Zoning Ordinance, as part of his minor subdivision/lot reconfiguration request; based on the planners recommendations. Rainville seconded.
Scheffler made a motion to approve the request for a Lot Reconfiguration and Conditional Use Permit (CUP) to allow the creation of one flag lot under the terms of the Zoning Ordinance, as part of his minor subdivision/lot reconfiguration request; based on the planners recommendations. Rainville seconded.
moved by Scheffler, seconded by Rainville
M-5Rainville made a motion to approve revoking the Conditional Use Permit previously issued to Jerry Bauer at 21226 St. Francis Blvd.; Meyer seconded.
Rainville made a motion to approve revoking the Conditional Use Permit previously issued to Jerry Bauer at 21226 St. Francis Blvd .; Meyer seconded.
moved by Rainville, seconded by Meyer
All in favor; motion carried.
M-6Meyer made a motion to approve Ordinance 2014-08, an Ordinance amending Chapter 11 of the Nowthen City Code to allow private and semi-private outdoor club recreational uses as an interim use within the RRA, Rural Residential Agriculture District and the summary publication; Schulz seconded. All in favor; motion carried.
Meyer made a motion to approve Ordinance 2014-08, an Ordinance amending Chapter 11 of the Nowthen City Code to allow private and semi-private outdoor club recreational uses as an interim use within the RRA, Rural Residential Agriculture District and the summary publication; Schulz seconded. All in favor; motion carried.
moved by Meyer, seconded by Schulz
All in favor; motion carried.
M-7Rainville made a motion to approve the consent agenda as presented; Meyer seconded. All in favor, motion carried.
Rainville made a motion to approve the consent agenda as presented; Meyer seconded. All in favor, motion carried.
moved by Rainville, seconded by Meyer
All in favor, motion carried.
M-8Schulz made a motion to schedule the Budget and Tax Hearing for Tuesday, December 9, 2014 at 6:01 PM; Meyer seconded. All in favor; motion carried.
Schulz made a motion to schedule the Budget and Tax Hearing for Tuesday, December 9, 2014 at 6:01 PM; Meyer seconded. All in favor; motion carried.
moved by Schulz, seconded by Meyer
All in favor; motion carried.
M-9Meyer made a motion to move forward with the Patching, crack fill this year and the Granite Chip Seal to be done next year for a total amount of $18,390; Scheffler seconded. All in favor; motion carried.
Meyer made a motion to move forward with the Patching, crack fill this year and the Granite Chip Seal to be done next year for a total amount of $18,390; Scheffler seconded. All in favor; motion carried.
moved by Meyer, seconded by Scheffler
All in favor; motion carried.
M-10Meyer made a motion to table this until the Budget Meeting; Rainville seconded.
Meyer made a motion to table this until the Budget Meeting; Rainville seconded.
moved by Meyer, seconded by Rainville
M-11Rainville made a motion to approve removing the tree and that the homeowner pay $200; Schulz seconded. All in favor; motion carried.
Rainville made a motion to approve removing the tree and that the homeowner pay $200; Schulz seconded. All in favor; motion carried.
moved by Rainville, seconded by Schulz
All in favor; motion carried.
M-12Rainville made a motion to require Troy Enebak to pay 100% of the fire call; Meyer seconded. All in favor; motion carried.
Rainville made a motion to require Troy Enebak to pay 100% of the fire call; Meyer seconded. All in favor; motion carried.
moved by Rainville, seconded by Meyer
All in favor; motion carried.
M-13Scheffler made a motion to table this until they can get some bids to make it compliant; Rainville seconded.
Scheffler made a motion to table this until they can get some bids to make it compliant; Rainville seconded.
moved by Scheffler, seconded by Rainville
All in favor; motion carried.
M-14Pilon made a motion to submit it for sealed bids; Meyer seconded. All in favor; motion carried.
Pilon made a motion to submit it for sealed bids; Meyer seconded. All in favor; motion carried.
moved by Pilon, seconded by Meyer
All in favor; motion carried.
M-15Pilon made a motion to approve an off-site research meeting; Meyer seconded. All in favor; motion carried.
Pilon made a motion to approve an off-site research meeting; Meyer seconded. All in favor; motion carried.
moved by Pilon, seconded by Meyer
All in favor; motion carried.
M-16Schulz made a motion to adjourn the meeting at 9:06 P.M.; Rainville seconded. All in favor; motion carried.
Schulz made a motion to adjourn the meeting at 9:06 P.M .; Rainville seconded. All in favor; motion carried.
moved by Schulz, seconded by Rainville
All in favor; motion carried.
The amounts the council actually voted to approve, each with the vote that approved it. Drawn from the official minutes.
F-1
$65,324
F-2
$18,390
F-3
$641
F-5
$441
Documents and recordings archived for this meeting, when available.
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