Regular/Organizational Meeting Of s4

CITY OF NOWTHEN CANVASSING BOARD AND CITY COUNCIL MEETING WEDNESDAY, NOVEMBER 12, 2014 @ 7:00 PM

The Nowthen City Council conducted the Canvassing Board and Regular City Council Meeting on Wednesday, November 12, 2014 at 7:00 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. Wayne Heath

Canvassing Board

Declaration of Election Results – Office of Mayor – Jeff Pilon 860, Cindy Ohman 575, Jim Scheffler 247, Write-In’s 9. Council Member – Paul Reighard 700, Randy Bettinger 679, Penny LaPlant 604, Malcolm T. Vinger II 586, Write-In’s 21.

Schulz made a motion to approve the declaration of election results; Meyer seconded. All favor; motion carried.

CITY COUNCIL MEETING

Approve/amend the meeting agenda – LaDoucer added Item 4.f. Code Enforcement Direction. Rainville item 6.c. Administrative/Personnel Policies. Meyer made a motion to approve the amended Agenda; Rainville seconded. All in favor; motion carried.

1). Sheriff Update: - Lt Wayne Heath provided a report of calls for Sheriff Services for the month of October 2014.

2). Floor Items: - Ben Fuch’s of 22365 Baugh Street stated that Koch Pipeline pumping station, which is adjacent to his property, emits a loud high frequency noise, which violates Ordinance No. 3-1-4. City of Nowthen Canvassing Board and Regular City Council Meeting November 12, 2014 Page 2

One possible solution for this noise pollution is for the City to work with Koch Pipeline to install a more sound resistant structure around the pumps, so as to shield the neighborhood from the noise pollution. He is therefore here before the City Council to vote to direct City Staff to add this issue to the code enforcement and to begin active enforcement of City Ordinance 3-1-4, with the same vigor as to other code violations that City Staff is currently enforcing today.

3). Donation of Park Bench – Kohler family to donate park bench in Memory of Loren Koehler to be located next to the Ernie Koehler Ball Park – Meyer made a motion to accept the donation; Schulz seconded. Rainville said that the sample of the bench provided is one that is meant to be mounted into a concrete slab. She would like to work with the Kohler’s on an alternative that would not be stolen. Schulz said that it wouldn’t hurt to communicate on the type. Koehler’s are planning to donate it in the spring. All in favor; motion carried.

4). Planning and Zoning a). Jeff and Laura Miller A request for an Interim Use Permit to allow a Home Extended Business of an On-Call Sweeping Business in the RRA District located at 19677 Jasper Street NW (PIN 27-33-25-21-0006).- Stockman said that she did speak with the Millers and they gave her a list of equipment to include in the Findings. She stated that all items will be stored inside or within the screened area. Rainville made a motion to approve the request from Jeff and Laura Miller for an IUP to allow a Home Extended Business of On-Call Sweeping in the RRA District located at 19677 Jasper Street (PIN 27-33-25-21-0006) with the following conditions:

1. Hours of operation are limited to Monday through Friday 7AM to 7PM and Saturday 8AM to 5PM.

2. 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, excluding family members.

3. A building permit is obtained prior to beginning construction on the retaining wall, berm and shed. A separate grading or fill permit may be necessary based on the total amount of fill (sand, black dirt and crushed concrete) that is needed for the berm and outdoor storage area. City of Nowthen Canvassing Board and Regular City Council Meeting November 12, 2014 Page 3

4. The retaining wall, berm and trees are installed within one (1) year of IUP approval and are maintained in good condition at all times as an effective screen of the outdoor storage area.

5. All equipment is stored behind the berm or inside the building(s).

6. EXISTING VEHICLES AND EQUIPMENT limited to:

Sweeper 1: Freightliner 30,000 lb. single axel 10 feet high, 24 feet long Sweeper 2: Izuzu 20,000 lb. single axel 7 feet high, 20 feet long Sweeper 3: Izuzu 20,000 lb. single axel 7 feet high, 20 feet long Dump Truck: Ford L8000 30,000 lb. single axel 10 feet high, 20 feet long Bobcat Trailer with misc. bobcat attachments Snowplow Equipment: 1-Single Axel Dump Truck with 11 foot Plow & sander 4- Pickup trucks with 8 foot plows 2-Bobcats with snow pushers and buckets 1-14ft snow pusher 2-ATV's with plows

7. FUTURE VEHICLES AND EQUIPMENT limited to:

One Sweeper One Tractor/trailer Two additional vehicles

8. 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 October 23, 2014 prepared by the City Planner, The Planning Company LLC.

9. The property shall be periodically reviewed for compliance upon notification by the Zoning Administrator or Building Official or according to a review frequency as may be established by the City Council. City of Nowthen Canvassing Board and Regular City Council Meeting November 12, 2014 Page 4

10. 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.

11. 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 where after reapplication and approval of the interim use by the City Council will be required.

12. The applicants are responsible for all costs associated with the processing of this request.

Pilon seconded Rainville’s motion. Meyer asked if they will be able to keep all the equipment behind the berm and screening. The answer was yes. All in favor; motion carried.

b). Volunteers of America – Request for a Minor Subdivision/Lot Line Reconfiguration in the Northeast Corner. – No changes to the findings and facts except that they have to combine the lots on the south side of the road. Scheffler made a motion to approve the request from Volunteers of America PID# 01-33-25-11-0001 and 01-33-25-13-0002, for a Minor Subdivision/Lot Line Reconfiguration with the following conditions:

1. Park and trail dedication requirements are addressed at the time of future lot split or subdivision.

2. The proposed minor subdivision creates a new parcel (B) south of Norris Lake Road that must meet all buildability standards and city code requirements, if it is to remain a separate parcel. Alternatively, if the VOA has no intentions of building on this parcel or selling it as a buildable lot at this time, it must be combined with the adjacent +/-40ac VOA property.

3. The Ordinary High Water Level of Norris Lake is determined by the MN Department of Natural Resources prior to building City of Nowthen Canvassing Board and Regular City Council Meeting November 12, 2014 Page 5

permits being issued for any parcel within the 1000 foot shoreland boundary.

4. 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.

5. All costs associated with the review of the submitted survey(s), development agreement and any other costs generated by the City or its representatives are the responsibility of the applicants.

Meyer seconded Scheffler’s motion. All in favor; motion carried.

c). Adopt Resolution 2014 – 14 - Certifying Delinquent Admin. Citation Penalties – Meyer made a motion to adopt Resolution 2014-14, A Resolution Certifying Delinquent Administrative Citation Penalties; Rainville seconded. Rainville asked that in the future, before the fines are reduced, that it comes to Council for approval. She doesn’t see giving the ones that are not working with the City a break. All in favor; motion carried.

d). ROSP – Next steps? – Rainville said that she has talked to neighbors and others and there are some that see value and some that have concerns about it. Schulz has doubts about moving forward with this and expending more costs. Pilon said that it was discussed at the workshop to maybe expand the information to the newsletter and website. If people can read it with the assurance that nothing is pending, it might defuse some of the confusion that people came in with that there was some push to lower lot sizes. People can read it in a more relaxed atmosphere. Give it more time and continue to gather information from the residents. There is nothing pressing at this time. Schulz said to get the information in the newsletter. Julie Gerdes spoke up and said that she came in to the City Offices and read the comments from the open houses and there were no positive comments, at that time. She said that people want to keep the lots large. Pilon said that there were some positive comments that came in after that time. Meyer made a motion to table the discussion of the ROSP district until spring; Schulz seconded. All in favor; motion carried. City of Nowthen Canvassing Board and Regular City Council Meeting November 12, 2014 Page 6

e). Re-Address Flag Lots – It was discussed at the workshop to send this matter back to the Planning and Zoning Commission for discussion. Pilon made a motion to send the Flag Lots Ordinance back to the Planning and Zoning Commission for re-evaluation; Meyer seconded. Scheffler thinks that it would be a step backwards and he doesn’t agree with re-evaluating this. Pilon thinks that it should go back to P&Z to clarify what the exceptions would be on flag lots and possibly some tweaking of the Ordinance. Some things have come up that should be memorialized. Four in favor; Scheffler opposed. Motion carried.

f). Code Enforcement Direction 1). Gary Scott – Adopt Resolution 2014-18,– Rainville made a motion to adopt Resolution 2014-18, a Resolution Providing for Approval of Criminal Prosecution against the owners of 21830 Xenon Street; Pilon seconded. All in favor; motion carried.

2). Leonard and Verna Engren – Accessory Bldg. changes continually delayed due to lack of money – Rainville would like a synopsis of this and the violations and what progress has been made. That way they can prioritize the issues. Rainville made a motion to table until staff can give a synopsis of events and the violations; Meyer seconded. All in favor; motion carried.

3). Jerry Bauer – Request for extension to move business – LaDoucer said that Bauer paid his citation today and will continue to clean up property. He is requesting an extension to June 1, 2015 to move his business. Scheffler made a motion to approve granting an extension to Jerry Bauer to move his business by June 1, 2015, provided that Bauer gives the City progress reports of the clean-up of the property, no accumulation of additional items and that Stockman is allowed to access the property for site inspections to determine that progress has been made; Schulz seconded. Rainville would like to include that nothing moves in. Pilon said that a similar business, in the past, was required to give progress reports as to the status of moving the business and cleaning up the property. All in favor; motion carried.

City of Nowthen Canvassing Board and Regular City Council Meeting November 12, 2014 Page 7

5). Consent Agenda 1.1 Approve the October 14, 2014 City Council Meeting Minutes 1.2 Financial Report 1.3 Approve All Audited Bills Claim #9078 through Claim #9135, plus Net Distribution reports dated Oct 16th, 20th and Nov 4th, 2014. 1.4 Adopt Resolution 2014-17, a Resolution and Order Approving Vacation of Road Easement.

Meyer made a motion to approve the Consent Agenda as presented; Rainville seconded. All in favor; motion carried.

6). Council Items: a). Maintenance Dept. Opening – Position accepted – No Action required

b). East Side Oil Companies – Oil Recycling Proposal – Glaze said that right now the only difference is they would be able to collect oil filters. Pilon said that we would be able to document where the filters and oil are going. East Side Oil will provide smaller drums for the Maintenance. They can also provide drums for the antifreeze. If doesn’t work out, we can cancel it. Meyer made a motion to approve using East Side Oil Companies for used oil and filters, on a trial basis to the end of June 2015. At that time, they can re-assess if things are working out; Scheffler seconded. Rainville asks that before they make the switch over, everything can be assessed on what is coming out and what is going in. Glaze said that the tanks need to be pumped before they can move everything out. It will have to be moved by a septic tank truck. Maybe have A&B welding pick it up and move it for us. All in favor; motion carried.

c). Administrative Policies - Rainville would like to adopt the portions of the Administrative Policies that have already been agreed upon and schedule meetings to work on those that still need to be worked on. She would like to get them completed this year. Scheffler said that they have been working on the policies for a long time. He doesn’t see the urgency now to get them done within a month. Meyer said that they don’t have much more to go. Pilon said that they can have another meeting moving forward to see what is left. Council scheduled a meeting for December 2nd at 4:00 PM. City of Nowthen Canvassing Board and Regular City Council Meeting November 12, 2014 Page 8

7). Introduction of New Items: - Pilon stated that Ben Fuchs sighted a violation of our ordinance and his request is to put some type of sound barrier around the pipes. Stockman stated that Koch Pipeline had hired a private engineering firm to do a study on the noise issue, since Mr. Fuchs had contacted them on several occasions. The engineering firm concluded that Koch Pipeline was 100% in compliance of the state standards and the MPCA. If the City Ordinance references the state statutes, then according to the study, Koch would be in compliance. Stockman stated that she did receive a letter from Koch, but did not receive the official results. She will work on obtaining a copy of the results and provide those findings to the Council. In her mind, Koch went the extra mile to try and satisfy Mr. Fuchs. Scheffler would like to see the study before they move forward with this. The Council agreed.

Resignation of URRWMO Member – LaDoucer stated that she will post the volunteer opening on the website and on the electronic sign.

Scheffler made a motion to adjourn the meeting at 8:20 PM; Schulz seconded. All in favor; motion carried.

Respectively Submitted by:

______Corrie LaDoucer, City Clerk William Schulz, Mayor