Regular/Organizational Meeting Of s2

CITY COUNCIL CITYOF NOWTHEN ANOKA COUNTY STATE OF MINNESOTA

The Nowthen City Council conducted a Public Hearing and regular City Council Meeting on Tuesday, October 8, 2013 at 6:30 PM, at the Nowthen City Hall, 19800 Nowthen Blvd NW, Nowthen, Minnesota.

Present: Mayor Bill Schulz Councilmember Jeff Pilon Councilmember Harlan Meyer Councilmember Jim Scheffler Councilmember Mary Rainville

Others: Lt. Ron Bouley Fire Chief Dean Kapler

PUBLIC HEARING

Public hearing – Delinquent Fire Calls – Mayor Schulz called the Public Hearing open at 6:37 PM to discuss the delinquent fire call. No one was present for the Public Hearing. Public hearing closed at 6:40 PM.

CITY COUNCIL MEETING

Mayor Schulz called the regular meeting of the Nowthen City Council to order at 6:50 p.m., followed by the Pledge of Allegiance led by Mayor Schulz.

Approve/amend the meeting agenda – Schulz added items 7.f, Liability Coverage; item 7.g, Grading and Road repairs being done by residents; and item 7.h., Interviewing of seasonal employee applicants. Rainville added item 8.a, Bathrooms at Nowthen Memorial Park. Pilon motion to approve the agenda as amended; Meyer seconded. All in favor; motion carried

1). Floor Items: - Mary Rainville of 6633 191st Ave NW stated that as a Nowthen resident I’d like to address an on-line petition posted by Kim Crandall, Bethel MN regarding the Goose Lake Winery. Ms. Crandall also wrote a letter to the council in August regarding the City not supporting the Winery. City of Nowthen Public Hearing and Regular City Council Meeting October 8, 2013 Page 2

First, Rainville doesn’t believe she has ever heard or read any of the council say the Winery isn’t welcome in Nowthen. Actually, if one takes the time to read the council minutes, Council Members have voiced nothing but support for the Winery; stating that it is the type of business which they welcome in Nowthen. They’ve only asked the Ohman’s, just like other Nowthen businesses, to work with the Council regarding their Conditional Use Permit. However, as a resident, most troubling to me is the question Ms. Crandall asks - Are they trying to shut down this 70+ acre of paradise to sell to a developer to put up homes? Her statement clearly shows me one of two things; #1. She has no idea as to the history of the discussions, which leads me to believe the statement was made to stir the pot, or #2. I’m wrong and she was given incorrect information and if so, I truly would love to know her source. Again, because if one takes the time to read the official city record, they will learn the council has never discussed development of the property. I then see people responding as if her statement is true; however, I know it isn’t. And I feel bad for them as they’ve been duped into making statements which aren’t based on fact. Paraphrasing -

 Alyssa from Minnetonka - Fun and great place to go, sick of businesses being closed for land.

 Amy from Nowthen – We have enough areas to expand in if we need revenue

 Julie from Brooklyn Pk - A valuable natural resource that should not be sold to a developer.

 Monique from Farmington - We don't need more housing.

 Stephanie from Anoka – Lived here 25 years – now moving out because it is becoming too commercialized. Saddened the country farm life that we love is going away in favor of big housing developments.

 Brianne from Lakeville - We need more businesses like this in our area. We can build homes in several other NON developed locations.

 Christy from Coon Rapids - It would be a shame for our local government to force them to close for a developer’s opportunity.  Melissa from Nowthen – This is a wonderful place and there are enough developments!

 Julie from Elk River - It would be terrible seeing this area turned over to housing.

 Jalai from Coon Rapids - If anything, the developers should use the farm being there as a perk to new residents in the area, and perhaps, work

City of Nowthen Public Hearing and Regular City Council Meeting October 8, 2013 Page 3

with Gooselake Farm in offering 'free' or discounted wine to new residents. If they want to put a golf course in, do it around the winery. In an effort to shed some objectivity into the petition, a Nowthen resident has attempted to post a more realistic view, however has been blocked from doing so. This resident has also reached out via email to Ms. Crandall to discuss her petition, however, hasn’t received any response.

It saddens me people are basing their opinions on a false statement, rather than taking the time to easily educate themselves by reading the council meeting minutes which are posted on line. And it troubles me that it doesn’t appear that the business involved has stepped forward to address the inaccuracy.

Mayor William Schulz has presented a Platinum Sponsorship Plague to the City of Nowthen for their sponsorship to the Nowthen Heritage Festival.

Ray Amundson of 8252 185th Ave stated that he has talked with the Maintenance Dept and the Engineer about getting the easement pond cleaned out on his property. It is the city’s responsibility to clean out the pond and we have not done anything yet. There is enough run off of silt and clay that it should be cleaned out. It is supposed to hold 2 ft. of water and it no longer does. His neighbor came over early one morning to tell him that it was plugged and ready to overflow. He provided pictures to the City Council. He is concerned about it getting plugged and flooding the neighbors. He said that the Engineer told him that it is the City’s responsibility to take care of this. Schulz said that this matter will have to be brought up as an agenda item on the next City Council Mtg.

2). Introduction of New Fire Fighters: - Chief Kapler introduced 5 new Fire Fighter recruits to the City Council. Alex Merritt, Station 1; Adam Schrag, Station 1; Scott Wistrom, Station 1; Jeff Kasol, Station 2 and Mike Nelson, Station 3.

3). Declaration of Retirement of the Old Fire Engine: - Pilon made a motion to declare the 1989 Fire Engine retired; Meyer seconded. All in favor; motion carried.

4). Sheriff Update: - Lt. Bouley provided a sheriff’s update on the calls for service for the month of September 2013.

5). Planning and Zoning: a). Gary Shake – Variance request (in conjunction with William Weiss request) – Scheffler made a motion to approve Gary Shake’s Variance request with the six (6) following condition, as recommended by staff and the Planning and Zoning Commission (PIN 14-33-25-41-0002 & 0003):

1. The City Council approves the Schake Variance to allow reduction in the nonconforming lot size of .17 acres thereby resulting in an overall lot size of 3.51 acres.

2. Drainage and utility easements are established over the 100-year flood plain area adjacent to Ford Brook and across both the Weiss and Schake properties.

3. A twenty (20) foot trail easement is established on the east side of Ford Brook across the Weiss property.

4. The City of Nowthen agrees to cover the costs of surveyor work to establish descriptions for the drainage, utility and trail easements. 5. Thirty-three (33) feet of Verde Valley Road right-of-way is deeded to the City of Nowthen and the survey is revised to indicate the new property lines.

6. The site survey and proposed legal descriptions, including those for any required easements being established, shall be reviewed and approved by the City Engineer prior to being filed and recorded with the Anoka County Recorder.

Rainville seconded Scheffler’s motion. This matter has been thoroughly discussed and all questions have been answered. All in favor; motion carried.

b). William Weiss – Lot Line Reconfiguration Request – Rainville made a motion to approve Lot Line Reconfiguration in conjunction with the Variance Request of Gary Shake with the conditions as stated above; Meyer seconded. All in favor; motion carried. (PIN 14-33-25- 41-0007) City of Nowthen Public Hearing and Regular City Council Meeting October 8, 2013 Page 5

c). Joe and Mary Ann Green – Request for CUP to allow two principal residential structures on a single parcel of record within the C-1 Zoning District @ 19949 St. Francis Blvd, (PIN 24-33-25-44-42-0005).

There was a Special Planning and Zoning Commission Mtg. October 7, 2013 to discuss this matter.

Meyer made a motion to approve the request by Joe Green and Mary Ann for a CUP with the conditions below, as outlined by staff:

1. The City Council makes a determination regarding the home extended business, 3-Way Electric, and the need for acquisition of an Interim Use Permit.

2. A copy of the existing site survey for the Green property is submitted to the City.

3. The site is graded to blend with the existing topography and must be reseeded or sodded at the earliest possible time. If planting is not feasible due to weather restrictions, cover such as straw must be spread onto disturbed areas to control erosion during winter and early spring months.

4. The building height does not exceed thirty (30) feet. 5. The septic system is reviewed by a qualified designer which will be subject to review and approval by the City Building Official. The existing septic system, tanks, or drain field are replaced or upgraded as necessary.

6. Soil testing is reviewed and approved by the City Building Official to ensure that primary and secondary (backup) septic system drain field locations exist and that they are protected from compaction and disturbance.

7. All structures are placed a minimum of one (1) foot above the elevation of mottled soils.

8. A building permit is obtained for the new home which shall comply with all State, County and local building codes.

9. If detailed construction plans are required by the City Building Official, they shall be submitted for review and approval.

10.The existing home is demolished within ninety (90) days following issuance of an occupancy permit for the new home and a demolition permit is obtained prior to commencing work.

11.All utilities including electricity, telephone, gas and cable shall be installed underground at such time as the property is developed for commercial uses. All exterior utility fixtures and meters shall be located on interior side or rear yards when possible and screened from view of adjacent properties and the public right-of-way.

Rainville seconded Meyer’s motion to approve the CUP request by Joe Green to allow two principal residential structures on a single parcel of record within the C-1 Zoning District. All in favor; motion carried.

d). Long Range Transportation Plan – Revisions and Joint meeting – A joint meeting between the City Council and Planning and Zoning Commission has been scheduled for October 29th at 6:00 PM. This meeting is to review the preliminary plan and approve for public hearing. e). Bill’s Superette – Code Violation Penalty – Scheffler made a motion to impose a code violation penalty of $500; Meyer seconded. All in favor; motion carried.

f). Code Enforcement Updates/Recommendations – Meyer made a motion to move forward with requesting a site visit with Mr. Ortell, then move forward with an Administrative Notice if Mr. Ortell does not respond or does not comply; Rainville seconded. All in favor; motion carried.

6). Consent Agenda: 1.1 Approve the September 10, 2013 City Council Meeting Minutes, and September 19, 2013 Special City Council Meeting Minutes. 1.2 Approve All Audited Bills Claim #8352 through Claim #8404, plus Net Distribution reports dated September 9th, 12th, and 23rd, 2013

1.3 Financial Report 1.4 Adopt Resolution 2013-22 – A Resolution Certifying Delinquent Fire Service Fees 1.5 Proclamation – National Homelessness Month (November)

Rainville made a motion to approve the consent agenda, as presented; Schulz seconded. All in favor; motion carried.

7). Council Items: a). Trailer Purchase – Scheffler made a motion to approve the purchase of a 24 Ft. Long Load Trailer in an amount not to exceed $5,987.12; Schulz seconded. All in favor; motion carried.

b). Chamber of Commerce Newsletter Article (Due November 1st) – Rainville will do the article and supply it to LaDoucer to forward to the Chamber of Commerce.

c). Tree Replacements at City Offices – Schulz made a motion to approve the purchase of two trees to be planted for an amount not to exceed $500; Scheffler seconded. All in favor; motion carried. d). Office Computer Upgrades – Scheffler made a motion to upgrade the computers and the server; Meyer seconded. All in favor; motion carried.

e). Quote for replacement of overhead doors at recycling center – Meyer made a motion to table the recycling door replacement until future detailed bids are received. Rainville seconded and said that the bidding process must include detailed bids. The Council should consider including Bidding Process Procedures in the Administrative Policies so we have a standard process that is used. Staff needs to send the request for proposals in writing and the proposals need to be in written form or we will refuse them. All in favor; motion carried.

f). Liability Coverage – Waiver Form – Rainville made a motion not to waive the monetary limits on the municipal tort liability; Meyer seconded. All in favor; motion carried.

g). Grading & Road repairs being done by residents – Schulz said there were incidents on Rhinestone today, where one person had been grading the city road and the other neighbor doesn’t like it. City of Nowthen Public Hearing and Regular City Council Meeting October 8, 2013 Page 8

The resident has been verbally asked not to grade the roads in the past. The Sheriff was out today and the issue was resolved. This needs to be enforced if the resident does it again. Staff needs to send a letter to the resident stating that it is unlawful for them to perform any work on our roads and if they violate this they may be charged with a misdemeanor.

Pilon said that it makes sense to send a letter. He suggests sending a letter to the complainant also so they know the City is acting on this matter. Pilon made a motion to have staff send a letter; Schulz seconded. All in favor; motion carried.

Schulz made a motion to have staff log what roads are being graded, date and time they are graded and how many passes; Rainville seconded and stated that it is his benefit to have a document so he can show what roads he has done. All in favor; motion carried.

h). Interviewing of seasonal employee applicants – Jim Scheffler and Harlan Meyer will work with Joe Glaze on interviewing the applicants.

8). Introduction of New Items: a). Nowthen Memorial Park Bathrooms - Rainville said that the bathrooms are still unacceptable. She would like to request for quotes for the installation of dividers in the woman’s restrooms. At that time they can see if having dividers is ADA compliant. If that is not possible, then something needs to be done to make the bathrooms look better. Pilon would like to see the doors lock properly and have them switched around so they open the other way.

Pilon also added that he would like to see about putting automatic locking doors at the recycling center as well.

Rainville made a motion to adjourn the meeting at 8:25 PM; Meyer seconded. All in favor; motion carried.

Respectively Submitted by:

______Corrie LaDoucer, City Clerk Bill Schulz, Mayor