Regular/Organizational Meeting Of

CITY OF NOWTHEN CITY COUNCIL MEETING TUESDAY, MARCH 10, 2015 @ 7:00 PM

The Nowthen City Council held its Regular City Council Meeting on Tuesday, March 10, 2015 at 7:00 PM, at the Nowthen City Hall, 19800 Nowthen Blvd NW, Nowthen, Minnesota.

Present: Mayor Jeff Pilon Councilmember Jim Scheffler Councilmember Paul Reighard Councilmember Randy Bettinger Councilmember Mary Rainville

Others: Lt. Wayne Heath

Approve/amend the meeting agenda – Bettinger made a motion to approve the meeting agenda; Reighard seconded. Rainville requested adding item 8.m., a discussion on limits as to how close alcohol facilities can be located to each other. Pilon requested that items 6. 1.1 and 6. 1.3 be pulled for discussion. All in favor of the amended agenda; motion carried.

1). Sheriff Update - Pilon would like to thank the public safety officials for responding at 2:15 am on a very cold morning to a fire in Nowthen and risking their lives for the public. They did a remarkable job and we would like to commemorate them. Scheffler stated that he cannot thank everyone enough for the job they did on such a cold morning. He again thanked the Sheriff’s Dept., Fire Fighters and CenterPoint Energy for everything that they did.

Lt. Wayne Heath provided an update of calls for Sheriff Services for the month of February 2015.

2). Floor Items: Dale Ames of 22176 Sugarbush Road NW stated that he has come before the Council with items of concern. He then read from the Planning and Zoning Code of Conduct. “Meetings – The chairman presides over meetings of the Planning and Zoning Commission. Speakers, including commission members, do not speak until recognized by the chairman.” He also read “It is the responsibility of the commission members to police its members. When inappropriate behaviors are observed, any member of the commission or city council can intervene. If inappropriate behavior is observed, the city council will discuss the behavior at a council work session. By direction of the council, it will be determined whether:” City of Nowthen City Council Meeting March 10, 2015 Page 2

Ames also read the following, “All commission members shall receive the same information at the same time when deemed ready for distribution by staff.” Ames stated that at the last P&Z meeting, he received a letter from the Anoka Union, highlighted with different things in the editorials. He thought the other members received the same thing, but he is not sure. He doesn’t think that it is appropriate to put in there. He did make a comment under discretion, except for the minutes. He thinks they should have also in there what was in the Recorder. It was the opposite of that. He doesn’t think that it was fair putting it in there. Ames said that also, they had another problem with the Planning and Zoning Committee meeting. He really doesn’t like to do this, but he felt that he has to do it, as he is the chairman of P&Z. He has been the chairman for 9 years and on the P&Z for 39 years. There have been things that have come up in the past. He thinks that it is the chairman’s responsibilities to not only conduct the meeting, but also, he thinks the chairman can make the decision where the members sit. At their meeting, he stopped in a little early to see how the name tags where listed. He then set them up. When he came to the meeting, they had been changed all around again. Before the meeting started, he put them out. There were two irate people that came in, really upset. They told him that he didn’t have the right to do this. Not only that, Ames tried to keep his cool and not get upset. Before they came in he set it up and after they came in they did some rearranging. Ames then went back in and changed them all except for one guy. One member was very irate about it. Ames was a Sergeant in the military and this is insubordination, even if it is on this level here. He believes the chairman has this discretion. Also the person, who raised a stink, never signed the statement that they had read the Code of Conduct for the Planning and Zoning. He is just coming before the Council, asking them if he really has that authority. Ames did call the League of MN Cities and they told him that there were three ways to handle this. He has to handle this the proper way. Go before the City Council first, and then he can comply with the League of MN Cities. All they told him was that there must be some kind of internal problem. He believes that it was a lawyer that he talked to, because they referred him to another person. The League of MN Cities has no policies for regulations such as this. In fact, we don’t have anything that comes out and says this.

Walter Cleath of 17241 Yale Street stated that he wanted to come forward and make a couple comments on something the Council is going to vote on today. It’s about the Planning and Zoning Commission member appointments. He would like to see Jeff Pilon remain on the board. He would also like to see both Council members on it. City of Nowthen Regular City Council Meeting March 10, 2015 Page 3

Walter doesn’t think that it will hurt anything. He thinks both of the opinions are opposite and with opposition, it might help the Commission. Walter doesn’t think that it lop sides anything. Walter said that everything that is processed is kind of like a jury. They all try and agree on the decision. Jeff has taught him a lot of stuff since he came in. Walter likes to work with Jeff and he would like to work with Randy as well.

Harold Jorgenson of 6938 185th Ave NW said that he would like Jeff Pilon remain on the Planning and Zoning Commission. He said that Jeff has a lot of experience and if P&Z is willing, Jorgenson thinks it would be a good thing to keep him there.

Dan Williams of 7967 191st Lane NW stated that he has three things. He has been watching public television for the last six weeks. He also went down to the capital and sat in on some of the meetings. When they put together subcommittees and put their tables in a way the city does, they don’t have any aprons, like they are requesting the taxpayers to pay. They perform government just fine, so he doesn’t think they need to put money for the aprons. Williams stated that there was business owner/taxpayer donate a camera and he still doesn’t see it set up. He stated that he taped the meetings with his camera, which wasn’t a very expensive one, from way back at the door. He has two years’ worth of film and you couldn’t understand everything. It is just a cheap camera. He thinks that we still need to get some microphones in here and have them for the workshops because it is hard to hear. The Council says that it wants to homogenize the community and wants transparency. With a camera and microphone, it can enhance them. They also need to get a better configuration of the layout. With microphones, it is better to have the Council laid out the other way. Williams doesn’t know what the holdup is with the cameras, as the Council can put special meetings together in a couple of days. It has been almost 3 months and no cameras. It is just like it is on the back burner. The third item Williams had was that at the special meetings he filled out two comment sheets. He was told that someone will get back to him. It has been almost 3 months. Nobody has called, nobody showed up at his door. He thinks that the members of the Council who orchestrated those meetings lied to him, so he has no respect for their politics.

Debbie Mahutga of 7560 Viking Blvd stated that between the two December Special Meetings, where the past Mayor and Council put the employees under the bus with remarks of staff not doing their duties. City of Nowthen Regular City Council Meeting March 10, 2015 Page 4

To even now again, Councilmember Rainville is trying to write us up under Council Item L. Data Practices Request Form; in regards to us not getting data practices submitted correctly. In this same information that Councilmember Rainville has, she states that at a ROSP Meeting there was information that was obtained that was incorrect, false, misleading, premature and slanted. Can she substantiate what was false? Mahutga would like to say, for the record, that she is proud to be an employee and her, as well as all our staff, work hard to serve our residents in a speedy correct way. In her opinion, the vendetta that Mayor Pilon and Councilmember Rainville has had on city staff from the day they took office, is only because staff was hired by the old town board who they didn’t agree with. Your attitude/comments towards the staff is unfounded and disrespectful

Janine Madsen of 7221 223rd Ave NW stated that, as you know, two special meetings were held in December 2014 to discuss the possible creation of a position of City Administrator. Concerned citizens were not allowed to speak at the two meetings, but at the second one we were informed we could submit questions and comments in writing. Many did this. Then Councilmember, now Mayor, Pilon, said he would personally respond to submissions that included the writer's contact information. Mayor Pilon also stated the submissions would be addressed at the January meeting. She included her contact information but, asked the Mayor why he has not responded to her? Madsen attended the January workshop and the regular meeting. Residents' comments and questions were on the agenda, but no answers were given. Why? Over time, reasons for this included: Mayor Pilon needed more time to look them over; submissions were still being collected; staff was directed to consolidate similar questions and comments in categories to facilitate council response. Well, that was January. Time passed. Staff consolidated the submissions. The topic was then on the February meeting agenda. Madsen attended that meeting. At the meeting, the topic came up and suddenly disappeared. She was surprised and confused. Why no discussion? Why no comments. Why no answers? It was on the agenda. What had happened? Madsen stated that Mayor Pilon had said all residents' comments and questions would be addressed in January and this was now February. So after the meeting, Madsen asked Mayor Pilon about this. Mayor Pilon explained that to discuss the agenda topic, a councilmember must first make a motion and then get a second to do so. Well, the topic was on the agenda. It was clear to Madsen it should be addressed. Madsen asked why, Mayor Pilon, did you not make a motion and ask for a second to address the topic? Why is it not on tonight's agenda? City of Nowthen Regular City Council Meeting March 10, 2015 Page 5

Madsen had spoken to Councilmember Scheffler, and Councilmember Rainville has e-mailed me her responses, but they can only speak for themselves. Madsen asked when she can expect a personal response from Mayor Pilon. When can she expect a public discussion at an upcoming council meeting - a public response to all the residents' submissions? When can she expect Mayor Pilon to follow through with what he promised?

Dave Perkins of 17945 Nowthen Blvd is applying for variances for his daughter to live in the house and to make his property look nice. He is the new owner of the Greenberg property. He started to do some work and found out that he needed permits to do things and engineering drawings. He knows how to do things, so he started and it cost a lot of money. Now everything is for a vote. He wanted to beautify the front of the property. He is calling his property the ranch and now he has to fill that theme up. He would like to put in a rustic cedar front with a balcony on it, and a hitching post to make it look like a happier town. To go from stucco to wood is costly to change the ordinance. The City is running a big rule book in a little operation and it is confusing everyone. The Council has trouble figuring out some of the conditions. Keep it simple. He is just trying to improve the property. Everyone will be happy because his standards are pretty good.

Kevin and Rita Riley of 8167 Viking Blvd stated that they are just trying to find out what is happening with the building next door and to stress their concerns for what is going to happen with the building next door to them. He stated that there is going to be a bar going in 200 ft. from an establishment that has been in existence for 13 years in the community. He thinks that they have treated the community very well and have done a ton of things for the community. All of a sudden, there will be someone coming in right next door to them. We are a small community. It is pretty hard to compete with two bars right next to each other. They all know what is going to happen. Kevin stated that he knows it is a bias point of view, but if there were foundational businesses going in there that would help the community; he thinks that they are more apt. A daycare or café would help complement the community. Instead, we are letting something that could possibly help kill both businesses, turn the City around into an irresponsible place. If a bar were to go in, why wouldn’t the City be looking at a place by Hwy 47 and CR 22. It is a distance away; but now instead, we are going to have someone come in and put the bar right next door. The Riley’s want to know where the City sits on this. Has it gone through Planning and Zoning and has the City looked at this in an objective point of view and what they need to do to make it work for the community. Pilon said that they just got information about it tonight and it has not gone through the Planning and Zoning Commission yet. City of Nowthen Regular City Council Meeting March 10, 2015 Page 6

3). Adopt Resolution 2015-03 – A Resolution Making Formal Appointments to Commission and Committees – Bettinger made a motion to adopt Resolution 2015-03 with the following appointments: P&Z Commission - Harold Jorgensen, Barry Wagner, Robert Mahutga, Dale Ames and Walter Cleath; P& R Committee – Dan Williams, Chris Bassett, Judy Herrala; R&B Committee – Dave Shook, Perry Olson, Phil Nicholas, Al Viall; Architectural Review Comm. – Andy Schreder, Dan Swanson, Jim Scheffler. Scheffler seconded Bettinger’s motion. Rainville stated that she would oppose two of the recommendations. For the Architectural Review Committee, she doesn’t understand why they would go down to 3 members. They had a bigger committee prior to that and at this point the Council has not put together expectations of that committee. She thought they were going to table the Architectural Review Comm. until they had the expectations complete. In regards to the Planning and Zoning Commission, she would recommend that Pilon be reappointed to that committee. The Council has heard from commission members tonight and there is value in having him on the commission. She has not heard any criticism about having two Council Members on the commission. Rainville thinks that there are personal issues and they should not play into that decision. She thinks having two Council Members on the commission is appropriate.

Reighard stated that he was one of the opponents that was against having two members. He spoke to members and there appeared to be no problems. He is rescinding his comments from before. Bettinger and Scheffler in favor of Bettinger’s motion; Reighard, Rainville and Pilon opposed. Motion failed.

Rainville made a motion to appoint the members for the P&Z, Park and Rec. and Road and Bridge Committees, as presented and to keep the existing Architectural Review Committee as follows: Andy Schreder, Bill Schulz, Sue Pilon, Harlan Meyer and Dan Swanson, until they have roles and responsibilities defined for that committee; Pilon seconded. Reighard would like to add a member to the Park and Rec. Committee. Rainville said that at this time they are just continuing with the members they currently have. The Council is just moving forward with who they have.

Reighard is questioning if the Architectural Review Committee is only a recommended body and that any final decisions would be made by the Council. Pilon stated that they are just recommending committees.

Bettinger said that per the ordinances, the Architectural Review Committee does make decisions and are not a recommending committee and have the power to grant the changes without approval of the Council. City of Nowthen Regular City Council Meeting March 10, 2015 Page 7

Rainville and Pilon in favor of Rainville’s motion; Bettinger, Reighard and Scheffler opposed; motion failed.

Reighard made a motion to approve the appointments, as presented, with the removal of the appointments to the Architectural Review Committee from the Resolution, until such a time that they can define the roles of the Committee; Rainville seconded. Rainville asked if they remove it from the resolution, the Committee still stands. If it is in ordinance form, they need to deal with that ordinance. They cannot just delete it. They can table that portion until they have clarification of policy vs. ordinance and Roles and Responsibilities. Pilon stated that he understands to just remove it from the resolution, but by ordinance, the committee exists. They would not be appointing new members or reassigning new duties. They would be clarifying the ordinance, so it is in line with the other committees and commission.

LaDoucer recommended that the Council remove the Architectural Review Committee from the resolution and that the Council appoint themselves as the Committee.

Pilon stated that it is required by statute that all the committee members be sworn in, the same way the Council Members are sworn in. It is also in the statute that the committee members are bound by open meeting law regulations. Pilon thinks that it is imperative that if people are going to serve on the committees, that it be clear that the Council and the committees are moving in the same path.

Four in favor of Reighard’s motion; Bettinger opposed. Motion carried.

Rainville made a motion to the existing Architectural Review Committee be established as existing City Council Members; Reighard seconded. Rainville asks that the Council moves quickly on the Roles and Responsibility for this committee. All in favor; motion carried.

4). Planning and Zoning

a). Richard Halldorson – Would like to discuss decision made at last meeting- 18560 Cleary Road – Code Enforcement/CUP – Rainville stated that based on discussion at the workshop, she made a motion to have Mr. Halldorson submit his proposed plans for the fence to the Architectural Review Committee; Bettinger seconded. All in favor; motion carried. City of Nowthen Regular City Council Meeting March 10, 2015 Page 8

b). Dave Perkins (19745 Nowthen Blvd NW - 21-33-25-33-0021) 1. Request for an amendment to Section 11-3-8 (C-1 District to allow existing homes to be turned back to residential uses after having been converted to a commercial use. – Bettinger made a motion to approve the request by Dave Perkins for an amendment to Section 11-3-8 (C-1 District) as recommended by the Planning & Zoning Commission, with the following conditions: 1. Mr. Perkins makes application for an IUP to allow for re-establishment of the residential use according to the amendment and the required public hearing is noticed and held before the Planning and Zoning Commission; 2. Mr. Perkins makes application for a CUP to accommodate the multiple principal uses on a single parcel according to Section 11-3-8.C.7 and the required public hearing is noticed and held before the Planning and Zoning Commission; 3. Mr. Perkins is responsible for all costs associated with the processing of the requests, including City Planner, City Engineer and City Attorney costs in the review of subdivision, site and building plans necessary to meet the requirements outlined in Ordinance 2015-01 and additional escrow monies shall be submitted as necessary.

Reighard seconded Bettinger’s motion. Rainville has a concern about this. This is a party who purchased property in our City; and for whatever reason. did not do due-diligence in determining what can or cannot be done on that property. One of the items was using a home that was used for commercial use, back to residential use. Mr. Perkins is a business person who is used to working with government. Rainville would have thought he would have researched this. Even though we have a new ordinance, we are opening this up for people to do this in the future.

Rainville said that P&Z recommended that Mr. Perkins not pay for the fees associated with the IUP. If Mr. Perkins wants this, then she thinks that he should pay those fees. City of Nowthen Regular City Council Meeting March 10, 2015 Page 9

Pilon stated that this item is taking action of the ordinance amendment only. He doesn’t recall that it was discussed waiving the fees. Bettinger said that it is not in the minutes that way and it was not discussed. He doesn’t think that is part of the recommendation. It would also only be limited to three properties. Four in favor; Rainville opposed. Motion carried.

2. Request for a Conditional Use Permit to allow deviation from the building material requirements under the terms of Section 11-5-3 for façade changes . – Bettinger made a motion to approve Dave Perkins request for a Conditional Use Permit to allow deviation from the building material requirements under the terms of Section 11-5-3 for façade changes, as recommended by P&Z, with the following conditions: 1. The façade is constructed according to the plans attached as Exhibit A, or revised plans are submitted to the City for review; 2. A building permit is submitted to and approved by the City Building Official prior to beginning construction. Reighard seconded Bettinger’s motion. Rainville has a concern that there is a policy in place that states that a certain portion of the front of the building has to meet the guidelines. While it looks nice; is disallowed by the ordinance. There was no question or negotiation to try and adhere to part of the ordinance. She feels that there should have been some negotiations about the products used on the front of the building.

Bettinger thinks that it looks fine and it would complement the City. Pilon said that there are times that styles clash, while it does not meet the code, we have been flexible in other areas. In line of a number of wood houses being used as commercial buildings, another wood structure with those fits the row of buildings that would be there. He thinks it is a good proposal going forward. Four in favor; Rainville opposed. Motion carried.

c). Walter and Minako Cleath (21-33-25-31-0007) – Request approval of a Variance to allow construction of a +/- 3,000 square ft. house and attached garage closer to the lake than the 150 ft. setback requirement. The proposal is a setback of 100 ft. – City of Nowthen Regular City Council Meeting March 10, 2015 Page 10

Bettinger made a motion to approve the request by Walter and Minako Cleath for a variance to allow construction of a new home on the 10.96 acre property owned on Bass Lake and a setback of 100 feet instead of the required 150 ft. setback; as recommended by P&Z with the following conditions: 1. The site survey is revised to include: a. Revised structure placement, if required; b. The location of the septic system and all associated equipment as approved by the Building Official; c. Existing elevations along the perimeter of the house needed to determine building height; d. Impervious surface calculations; e. Lowest floor elevation; f. The location of the proposed water well; g. The proposed driveway, sidewalk, steps and other impervious surfaces; h. Any planned accessory building locations; i. Silt fence and temporary stockpile locations; j. Rock construction entrance.

2. Vegetative screening will be maintained between the house and the lake. When trees and shrubs die, they will be replaced with similar species. 3. The DNR reviews and approves the proposed structure location. 4. The Public Works Supervisor reviews and approves the existing culvert(s) or a driveway permit is obtained from the City prior to any work commencing on site. 5. A building permit is obtained prior to beginning construction. 6. The project is in compliance with all applicable City and State Building Codes. 7. The applicant and property owner are responsible for all costs incurred during the review of this request by the City and its representatives. City of Nowthen Regular City Council Meeting March 10, 2015 Page 11

Rainville seconded Bettinger’s motion. All in favor; motion carried.

5). Road and Bridge a). Crack Seal Plan – Rainville said that she has not had time to look at what is in front of them. There was discussion at the Road and Bridge Committee, as to what Glaze wanted to move forward with as far as a Crack Seal Plan. What she had asked for is that they have some dollar amounts for the Gravel and Recycling Materials. Scheffler made a motion for Glaze to move forward with obtaining bids for the crack sealing; Rainville seconded. Pilon said that they talked about a bid template. If they are getting multiple bids, they should be bidding on the same thing. He wanted to know if that was the wishes of the Council, so there is a consistency when bids come in. Scheffler said that the template that they used for the recycling center quotes could possibly be modified for this. It wouldn’t hurt to have a template and use it consistently. Scheffler amended his motion to include using a template for the crack sealing bids; Rainville seconded. All in favor; motion carried.

b). Gravel Plan – Glaze stated that they did switch some roads because of the chloride. He stated that the costs would be $4.75 per ton for class 5. That would be 9872 tons at $4.75 per ton for a total of $46,892.00. For the recycling material, it would be 221 tons at $11.00 per ton for a total of $2,431.00. Bettinger made a motion to approve the graveling plan, as it is within the budge; Scheffler seconded. All in favor; motion carried.

6). Park and Recreation Update - Park and Rec. Committee just wants the Council to recognize and support the Earth Day Cleanup Day scheduled for April 22, 2015 from 5:00 p.m. – 7:00 p.m. at Twin Lakes Park. Judy Herrala will be directing this. Pilon would like to see the bags assigned to another person to be locked up. Maybe staff could come in late that date so they can be available for questions and available for equipment, etc. Rainville made a motion to approve the support of Earth Day and that a staff person is available during this time to collect the garbage and is available for questions and that their time is adjusted to support this and that the printing be done at the City Hall; Reighard seconded. All in favor; motion carried. City of Nowthen Regular City Council Meeting March 10, 2015 Page 12

7). Consent Agenda: 1.1 Approve the January 13, and February 10, 2015 Regular Council Meeting Minutes. 1.2 Financial Report 1.3 Approve All Audited Bills Claim # 9315 through Claim # 9353, plus Net Distribution reports dated February 9th, 10th and 23rd, 2015

Rainville made a motion to approve Consent Agenda item 1.2; Bettinger seconded. All in favor; motion carried.

1.1 Discussion - January 13 and February 10 Meeting Minutes – Pilon wanted it stated for the record that there were some amendments made to the January 13th minutes. On items K and Item M there were some further details added to the discussion and there was a correction on the vote of adjournment. He said that there was a typo on page 2, Item 5, Acting Mayor, should read that Bettinger was opposed. On Page 3, Item 5, Road and Bridge Committee Liaison Pilon, Pilon should be removed.

Pilon also stated that there was also a statement in the February minutes that the Record doesn’t do retractions unless you write an editorial. Pilon stated that he has seen something in the Record since that time, about corrections. Apparently, corrections they do and retractions they do. When people disagree with their editorial content, that is when they say to send an editorial. Bettinger stated that there was an article in the Record that had an error in it and the publisher personally stated that that they can write an editorial for a retraction of it. Pilon said that in the editorial the Record did, they stated that they would correct mistakes.

Pilon also mentioned if the audio recording from the December 29th Special meeting was given to staff and if anything had been done with that. LaDoucer stated that it was given to her, but the recording is real bad and hard to even hear. Pilon made a motion to approve the corrections of the January 13 and February 10th Meeting Minutes; Rainville seconded. All in favor; Motion Carried

1.2 Discussion - Approve All Audited Bills Claim # 9315 through Claim # 9353, plus Net Distribution reports dated February 9th, 10th and 23rd, 2015 – Pilon has some concern about legal and public notices. There is $193.50 charged for public notices that were charged to residents for public notices. There were 8 public notices on 3 publications. City of Nowthen Regular City Council Meeting March 10, 2015 Page 13

It caused a lot of confusion at the P&Z meeting, because you are talking about 4 different things in one lump. Anyone reading it in the paper wouldn’t have had understood it. Pilon would like to also note for the record that the $193.50 would not have had to been paid, if they had gone with the Record.

Pilon had questions about the invoice for The Planning Company. He would like further clarification of the dates and time spent on The Planning Company bills, Rainville agreed.

Pilon made a motion to hold payment to the Planning Company until the Council gets further clarification of the charges; Rainville seconded. All in favor; motion carried.

Pilon made a motion to approve all claims except for Claim #9348; Scheffler seconded. All in favor; motion carried.

8). Council Items: a). Replace Unit Heating in Fire Station – Bart Hayft is wondering where the process is and what a good process is in the future – Pilon is questioning if this should be upgraded and if it is running efficiently. Do we have time to inquire about upgrades, than to just get a replacement of the unit that is there? Reighard said that if there is time, it make sense to upgrade. Rainville stated that it is a good idea to find out if the size of the unit should be changed out. Maybe have a third party examine the site and determine if something larger is needed. It needs to exchange the air in the building. Bettinger thinks that most heating companies would know if it is large enough. Rainville made a motion to have Bettinger and Reighard work with the heating companies to determine if the unit needs to be upgraded; Reighard seconded. Scheffler wants to make sure that if they get a recommendation of an upgraded unit, the other parties would be bidding on the same piece of equipment, not two different units. All in favor; motion carried.

b). Council Meeting Policy – Bettinger made a motion to repeal 1-1-20, seating assignments, from the Council Meeting Policy. Motion failed for lack of second. Scheffler didn’t fully understand the motion that was on the floor. He also had some comments on the current policy. City of Nowthen Regular City Council Meeting March 10, 2015 Page 14

Scheffler said that the issue he has is the meeting procedures that they are currently following. Pilon said that what Scheffler is asking about is different than what the motion was for. If Scheffler is asking for something different under the meeting policy, than he should make a motion. Scheffler said that is his point. He stated that the way they do things now is that they make motions before the discussion. He thinks that the discussion should be first. Scheffler feels that the discussion is not about the item that is on the agenda. The discussion is more related to the motion. It is sometimes unclear the reason for the motion. They are not getting that information until the motion is made and called for. Scheffler made a motion to approve having a discussion prior to the motions; Bettinger seconded.

Pilon said that the procedure the decorum has presented is what he was trained in by the League. Typically you don’t spend a lot of time talking about something that doesn’t have support to even be discussed. If there is a motion and no second to the motion, there’s no point in spending a lot of time talking about something that isn’t going to be voted on. If there is concern enough, that there is a motion and a second, then you can have discussion before you’re asked to vote. One of the things that previously came up is that they are going to have to do their homework before they come to meetings. The idea is to get to the workshops and have your discussion there. Pilon thinks at that point, they should come prepared to have that discussion to finalize things, and then take a vote. Pilon is also recommending that they use a Resolution to put things to a vote. That way it is clear. He thinks that the concept of discussing, then deciding if there is enough support to have a vote, then more discussion is not efficient. The reason for the workshop is to work the details out.

Bettinger said that doesn’t always work. Like tonight, Pilon pulled items from the Consent Agenda and there was no motion made first to do that. Bettinger stated that Pilon went through and read the minutes and some of the editorials and the bills. There was no motion for that, but they had discussions. That is fine, but what is good for one, should be good for all. Bettinger stated that Scheffler is right; the Council can be as formal or informal as they want to be. They don’t have to be like Ramsey or the State Legislature. This is Nowthen.

Pilon said that they have established policies that are consistent with the League of MN Cities’ and the Mayors’ Handbook. City of Nowthen Regular City Council Meeting March 10, 2015 Page 15

It is consistent with what happens in other public forums. They can be as casual as they want to be and don’t follow Roberts Rules of Order, but Pilon thinks that it is important to have some standardized decorum to make for a much more efficient meeting. He does keep asking about discussion until it stops. If they are not clear enough in the motions and seconds or someone doesn’t think there is enough time in the discussions; that would be a different matter. He thinks that the established policies that have been in affect are effective and consistent with the legislative bodies of the state.

Scheffler said that it is true that they have those times, but there have been many times that they come to an agreement at the Council workshop and then they get the meeting and it is totally different. Yes, it gives them the opportunity to talk about the subject, but obviously it changes when they get to the meeting. Also, when Pilon calls for discussion, it is discussion related to the motion, not the subject at hand 100% of the time.

Pilon said that the item on the agenda should be as specific as possible. It would be more effective to state which part of the policy they wanted to talk about. Scheffler said that they did. He had an issue and Bettinger had an issue. Pilon said to help them all come more prepared, they need to be more specific. If they want to make sure the motion addresses a specific item, it should be clarified up front.

Bettinger said that no vote is made at the workshops. Both of these items were discussed at the workshop. Pilon said that the only thing on the agenda is Council Meeting Policies. Bettinger said that they are both part of the policy. Pilon said that they made a specific motion. With it listed the way it is on the agenda, they could make a motion on the whole policy. He thinks that it helps expedite the meeting when they are specific and precise and consistent in the decorum.

Rainville stated that going forward, she would like to stay with that a Council Member makes a motion. If it receives a second, then there is the discussion. To have discussion before a motion is put in front of them is counterproductive. If a Councilmember is going to put something on the agenda under council items, it would be to their benefit to provide as much information in the packet, so that the remainder of the Council has an opportunity to look at what they are going to bring up. She is not in favor of changing the way they run the meeting. City of Nowthen Regular City Council Meeting March 10, 2015 Page 16

It is standard operating procedures in governmental bodies and in business meetings and she doesn’t see any reason to differentiate. Bettinger and Scheffler in favor of Scheffler’s motion; Three opposed. Motion failed.

c). Council Reimbursement Policy – Bettinger made a motion to approve the Council Reimbursement Policy; Reighard seconded. Rainville would like to have it be clearer as to the statement of “All reimbursement requests must have approval by the Council before reimbursement is made”. When she reads the statement, it is prior to the check being cut, not prior to attendance at the meeting. She says that because under meals it states, “official has been authorized to attend”. She feels there is conflict there. She would like it to be uniform in how it is stated. She also stated that under meals, it is her belief that if a Councilmember is approved to go to an all-day meeting off site and lunch is not included, the Councilmember should be reimbursed for that lunch, based on the regular per diem. It doesn’t happen very often and is not a big expense. She believes that as Councilmembers, they are getting a small stipend to go to the meeting and she thinks it is fair to have their lunches paid for.

Bettinger said that the staff has to do the same thing. If they break for lunch, they pay for their own lunch. He thinks that the Councilmembers are no better than they are. Councilmembers are getting a good stipend to go to the meetings, plus mileage and he thinks they can pay for their own meal. Rainville stated that the policy would also be in effect for the employees also. She is under the same belief that if staff goes to an all- day session, they should be reimbursed for their lunch.

Pilon doesn’t think that it is always practical to get approval before attending a meeting. The Council doesn’t always know about meetings in advance. The way it is written, the Council is taking their chances at attending a meeting and getting reimbursed. The policy of reimbursement is that they have 60 days to get their requests in and approved. He still thinks that there needs to be some tweaking done to clean up those specifics. How does the Council go about getting the approval? There is no mechanism listed. It is a challenge.

Reighard said that the way he reads it, there is some open ended room. It is the Councilmembers decision to either; get pre approval to attend the meeting or attend the meeting and submit for reimbursed afterwards. City of Nowthen Regular City Council Meeting March 10, 2015 Page 17

Reighard said that if the Council deems the meetings worthwhile to the City, odds are they will get reimbursed. The way it is written, it allows them to do that. Reighard agrees with Bettinger with regards to the meals and how it is written in the policy.

Pilon asked if it is the understanding that the request for approval can be before or after the meeting. Reighard said yes, that is his understanding. Bettinger said that it is clear. It just says that you need Council approval, whether it is before or after the meeting. Pilon said that if you are going to put a policy in place, make it clear.

Rainville would request that under the 4 items, such as meals, that it states “the official has been authorized to attend”; that way, Councilmembers get the preapproval to attend. Then there is no question about reimbursements. There also needs to be a statement that says “meetings that occur after the Council Meeting will be treated on an individual basis”. The Councilmember will have to document why they were at the meeting, when they got notification and what city function it served. That would then go in front of the Council. Once the Council determined that they can attend the meeting, the reimbursement would go on the time sheet like it does now. There should also be a statement that deals with the meetings that come after the Council Meeting dates.

Pilon said that his clarification on meals is that it states that the official has been authorized to attend. That can be before or afterwards. Bettinger requested that this be brought to a vote, as they are starting to talk in circles. Four in favor of Bettinger’s motion to approve the Council Reimbursement Policy; Pilon opposed. Motion carried.

d). Wage Study/employee reviews and raises – Bettinger made a motion to have staff prepare a request for proposals to have a wage study done for a step system. The last study that was done did not have supporting documentation. Scheffler seconded. Reighard said that it would not be a bad idea to get a current study to compare with. Rainville said that if the motion passes and staff puts together a request of proposal, she would like to have that request come before Council for review and approval before it goes out. Pilon said that it makes sense to make sure that the job descriptions are accurate and that they are comparing apples to apples. The other thing is that we look at public sector as well as private sector. City of Nowthen Regular City Council Meeting March 10, 2015 Page 18

Bettinger amended his motion to include that the request for proposals goes before the Council for approval; Scheffler seconded the amendment. All in favor; motion carried.

e). Renew ad in Chamber of Commerce Official Map – Scheffler made a motion not renew the ad in the Chamber of Commerce Map; Bettinger seconded. All in favor; motion carried.

f). Minnesota Mayors Association Annual Conference – Rainville made a motion to approve Pilon to attend the Conference on April 24th and 25th; Reighard seconded. All in favor; motion carried

g). Renew Safe Assure Contract - No Increase from last year – Bettinger made a motion to renew the Safe Assure Contract; Rainville seconded. All in favor; motion carried.

h). Concrete Work – Recycling Center Concrete Specs – Scheffler stated that it was a joint effort with staff and Council and he made a motion to go out for quotes for the concrete work at the recycling center; Bettinger seconded. Rainville would like to know the cost difference of the City removing the concrete vs. what the contractor would charge for it. She would ask that the bid be adjusted to include the concrete removal. Rainville also asked that a site review time be put in the specs. Offer the contractors two times to visit and review the site. She would like to add those to the request for quotes. Scheffler amended his motion to include Rainville’s suggestions; Bettinger seconded the amendments. All in favor; motion carried.

i). MS4 Reporting Requirements – Rainville made a motion to move forward with the ordinance revisions as presented by staff, in an amount not to exceed $1,890; Scheffler seconded. Bettinger doesn’t think that they should put a not to exceed because this is something that needs to be done. They are just estimates. Rainville would like to stick to the amount presented. Reighard stated that it appears that the maximum quoted hours were used. All in favor; motion carried.

j). Setting Court Fines – Scheffler stated that it was discussed that staff prepare the document and the prosecuting attorney stated that he could do it in about 10 hours and he would like to use his expertise in preparing this. Scheffler made a motion to approve Kurt Glaser to prepare the documents for setting fines, which is to be presented to the Council; Rainville seconded. City of Nowthen Regular City Council Meeting March 10, 2015 Page 19

Rainville stated that there was a letter received today that highly suggests that the attorney’s do the work for compliance. Pilon said that there would also be some council input in regards to the fines. All in favor of Scheffler’s motion; motion carried.

k). RB’s Computer – Security Upgrades – Rainville made a motion to table the security upgrades. She is not familiar enough with the computers and would like additional input in the matter; Pilon seconded. Four in favor; Scheffler opposed. Motion carried.

l). Data Practices Request Form – Rainville made a motion that the Council revise the Data Practices Request Policy, procedures and associated forms. Pilon seconded. Her reason for doing so is based on an October 14th incident. That incident led her to review the existing Data Practice Requests that were on file. In her review, she found inconsistencies of what is in the file. She believes they need a policy that allows the employees to know A-Z, as to what is required of them when they receive a data practice request and if it was public or non- public data. The form allows the City to look at the request, who fulfilled it and when it was fulfilled, what the cost was and whether the data was public or non-public. Our existing form does not ask for much information. The new policy would require that there be a data practice request and submitted to the City for the information. That information then would be put together during working hours and approved before it goes out. The incident in October 14 was done after hours. The information had errors in it and is now an official document on record.

Pilon said that at his meetings at the League is that the two biggest areas that you are going to have issues with are open meeting laws and data practices. It is important, especially with the revised attention that the state gave data practices last August. It is critical that they understand the open meeting law and data practices.

Bettinger said that it should be continued. They were not given what the existing policy is and he would like to know what is required in the State Statute. He thinks that this is way more than what they need to do.

Rainville amended her motion for the Council to review her proposal for a new Data Practices Policy and Procedures. Rainville will pull the state statute and the existing policy and continue the discussion at the next meeting; Pilon seconded. City of Nowthen Regular City Council Meeting March 10, 2015 Page 20

Scheffler stated that our attorney knows our procedures and to Scheffler’s knowledge, he has not said anything about it. He would like to hear from the attorney regarding this and get his opinion on how we are doing things and what is proposed. He would like that before they make any decisions. Pilon said that it is critical that it is done right. We want to make sure that we have good solid policies. Reighard said that it comes into line as to getting the entire policies and procedures complete. That should be a priority. All in favor; motion carried.

m). Separation of alcoholic establishments – Rainville made a motion to move forward with discussions on whether or not the Council wants to put something in ordinance in regards to the proximity of alcoholic establishments; Reighard seconded. Rainville said that the concern is that residents do not want to see our town as alcohol alley. The people she has spoken with are not anti-alcohol; they are just concerned about what their major street will look like. They would prefer that if there was going to be additional alcohol available in the City, that it be within other areas and not within the commercial districts. Rainville doesn’t know what the magic number would be, but she wanted to see if this is something that the Council would want to consider.

Bettinger said that it is a Zoning issue. Rainville is asking if Bettinger is saying that this should go to P&Z first. Bettinger said yes, and that P&Z can look at what other cities are doing and what their feelings are. He said that the City is only allowed so many licenses and just because you ask, doesn’t mean that you have to give them one.

Pilon thinks this is something that the Council needs to weigh in on first. P&Z can say they could help guide some things. In this case in particular, he thinks that they got out ahead of themselves; because the planner has been doing the planning on this for quite some time. The first conversation she had on this was back in January. This has been going on for months with the planner and none of them even knew it. Pilon thinks that the City needs to weigh in so that the P&Z can look at zoning regulations, but the City needs to look at how they want this area to look. He thinks that they are going to run into some issues with parking. He doesn’t want to see concrete barricades going up again. We have good businesses and how do we make sure we take care of the good businesses in a legal even handed way.

City of Nowthen Regular City Council Meeting March 10, 2015 Page 21

Rainville said that they have to separate who the businesses are from what it is they want to see. On that strip there is the ability of having 4 alcohol establishments. The question is no matter who owns those establishments, is that what they want to see. The point is what is there and not who is there. Pilon said that they need to make sure that they are within their legal authority for land use.

Pilon stated that this will be going to the P&Z in March, so it is well down the road. It kind of handcuffs us. We are sitting here well into the development and thousands of dollars are spent before the Council and P&Z even know what is going on. If we want to weigh in as a City, we are getting ahead of ourselves. The Council needs to talk to the planner and say, if there is something brewing, talk to them about it. If she is planning the City, the Council would like to know what she is planning. If the planner is making commitments to people, about how to work within the ordinances that are there, you can bring this to the P&Z all you want and it is too late. Rainville stated that by looking at the invoices, the planner has had conversations with 3 people in regards to the business park. Rainville asked at the workshop for a heads up for those types of things. She will put that in a memo, but she believes that when the planner is having conversations with people, the Council should have some of that information and shouldn’t be the last ones to know.

Scheffler stated that these things should have been thought about back when the first liquor license was issued. He said that now we are reactive. Rainville said that is what happens when you don’t look forward.

Rainville amended her motion to have two Council members put together a draft resolution, in conjunction with working with the City attorney. To present it so they can have a public hearing at the March P&Z Meeting. LaDoucer stated that it would have to be sent to the paper tomorrow.

Bettinger said that it is too late to put a moratorium on and it is allowed per ordinance. They have a right to be heard. They will have to allow them to go through the process. If you start trying to quick change ordinances, that is how you’re going to get sued. Reighard said that the owners probably invested a lot of money into this already.

City of Nowthen Regular City Council Meeting March 10, 2015 Page 22

Pilon doesn’t think that the planner should be spending that much time with people before we even know about it. She shouldn’t be that reserved with the Council.

Bettinger said that she didn’t get the site plan until Thursday, so she didn’t know what was all going on with the building. There is a lot of talk about different things going in there, but she didn’t know. Pilon said that she knew what was being suggested, she may have not known exactly what it was.

LaDoucer stated that she brought it to the Council’s attention when the building went up for sale to discuss future options of that building. She was told that it was up to the people that buy the property to come to the city. The Council at that time had the option to revisit the use at that time and chose not to. Pilon said that it would be nice to know what the planner is doing and what she is committing to.

Scheffler thinks that they need the Attorney’s advice on this matter. They don’t know what was said by the Planner and they don’t know what she said and they need the attorney advice. It was suggested to have the attorney available at the next workshop to discuss the options. Bettinger said that they probably cannot stop the restaurant, but the liquor license they may be able to. Pilon thinks that it is reasonable to talk with the attorney on this. If residents want to weight on this, they still can. Motion failed for lack of second.

9). Introduction of New Items: - No new items were presented.

Rainville made a motion to adjourn the meeting at 10:17 p.m.; Bettinger seconded. All in favor; motion carried.