Tuesday, June 9, 2015
Agenda
Not on file
What was on the agenda.
Packet
Not on file
The supporting materials the board reviewed.
One-line summary
Council held an MS4/SWPPP public hearing, approved several planning and zoning requests, reworked and adopted multiple consent agenda items (including Resolution 2015-13), and approved several council actions including a property counteroffer at $98,000 and staff-direction guidance.
26 items as recorded in the minutes, each with a short summary of what was at issue.
PHPublic Hearing - MS4 (Storm Water Pollution Prevention Program)
Public hearing to review comments on the Storm Water Pollution Prevention Program (SWPPP) as an annual NPDES MS4 permit requirement.
The council opened a public hearing to receive comments on the City’s Storm Water Pollution Prevention Program (SWPPP) as part of the annual NPDES MS4 permit requirement. A resident asked whether the program was new, and the response was that it was not; the SWPPP was noted as available for review at the city offices. The hearing was then closed a few minutes later without a recorded motion.
Public hearing opened and closed; no motion recorded in minutes.
A0Approve/amend the meeting agenda
Approve the agenda as amended (added Council items 7.i and 7.J).
1Sheriff Update
Lt. Wayne Heath update of calls for May 2015.
Update given; no action recorded.
2Floor Items
Resident questions about handicap ramp reconstruction, audio/video progress, and recycling center enforcement/signage.
A resident raised concerns about people being ticketed for taking items from the recycling center and asked the council to consider signage so residents understand whether permission is required to remove items. The mayor said the city could put recycling on a future agenda, but no decision was made at this meeting.
Council discussed status and noted recycling could be a future discussion item; no motion recorded.
3aPlanning and Zoning: Stadfelt easement vacation (PID 17-33-25-12-0005)
Request to vacate a drainage and utility easement on 211th Ave NW within Hayside Acres Plat following a previous lot combination.
The council approved Jeff and Shai Stadfelt’s request to vacate a drainage and utility easement on 211th Ave NW within the Hayside Acres Plat, following a prior lot combination, as recommended by Planning & Zoning and Stockman.
3bPlanning and Zoning: Stewart CUP for second driveway (PID 19-33-25-44-000)
Conditional Use Permit request at 19767 Tiger Street for a second driveway on RRA parcel (Sections 11-6-2.J and 11-4-3.B).
The council approved a Conditional Use Permit for Lee and Dawn Stewart to allow a second driveway at 19767 Tiger Street. The mayor stated he would rather not override ordinances and expressed safety concerns about multiple driveways on a short residential street, but the motion carried with Pilon and Rainville opposed and three members in favor.
Motion carried with Pilon and Rainville opposed and three in favor.
3cPlanning and Zoning: Koester IUP for extended home occupation (PID 30-33-25-22-0007)
Interim Use Permit at 19645 Halas Street to operate a semi-truck sales business as an extended home occupation on RRA parcel (Sections 11-3-5.D and 11-4-3.B).
The council approved an Interim Use Permit for Robert and Julie Koester to operate a semi-truck sales business as an extended home occupation at 19645 Halas Street, as recommended by Planning & Zoning and the planner.
3dPlanning and Zoning: Perkins application withdrawal (PID 21-33-025-33-0021)
Accept withdrawal from Dave Perkins for CUP for multiple uses on a single lot and IUP to reestablish residential use (19745 Nowthen Blvd).
The council accepted Dave Perkins’ withdrawal of his application for a CUP for multiple uses on a single lot and an IUP to reestablish residential use at 19745 Nowthen Blvd.
3ePlanning and Zoning: Structure Setback to Wetlands - Recommend Ordinance Revisions
Approve staff revisions and send back to P&Z for public hearing.
The council authorized staff to revise the structure setback to wetlands ordinance language and send it back to the Planning & Zoning Commission for a public hearing.
3fPlanning and Zoning: Terie & Gary Scott (21830 Xenon) - Council Direction
Direct attorney to draft consent decree for July meeting.
The council directed the city attorney to draft a consent decree concerning Terie and Gary Scott’s property at 21830 Xenon and bring it back for the July meeting. A councilmember asked that the decree include language prohibiting bringing additional items onto the property, and the motion carried.
4aRoad and Bridge: Equipment Fund - Allocate Funds
Discuss putting money aside for future equipment replacement (about $50k/year; request to place $10k into equipment fund).
The Road and Bridge Committee reported that future equipment replacement planning would require setting aside about $50,000 per year and also requested placing $10,000 into an equipment fund. The mayor stated he preferred to wait until year-end to see what funds were available because other road improvements were also on the agenda, and no motion was taken.
Discussion recorded; no motion recorded.
4dRoad and Bridge: Black Top Repairs - Ebony & Garnet
Proposal sent back to Road and Bridge Committee for more detailed information.
Sent back to committee; no vote recorded.
4cRoad and Bridge: Roanoke Street / Park land Issues
Oak Grove taking action; council asked to keep residents calm while cleanup occurs.
Status update only.
5aPark and Recreation: Recommend appointment of Peter Carpenter to Park & Rec Committee
Appoint Peter Carpenter to open position.
6Consent Agenda
Items 1.1 through 1.9 (with later separate votes due to removals/discussion).
The council’s initial motion to approve the full consent agenda failed after a request to remove the liquor license item and the Mahutga appreciation resolution for discussion. The council then approved the consent agenda items except those two, separately approved the liquor license item, and debated whether Resolution 2015-13 should be voted on in the original format submitted by Rainville or the revised format presented that evening. A motion to require the original format failed, and the council then approved Resolution 2015-13 as presented that night.
Initial motion failed; subsequent motions approved most items and separately approved 1.4 and Resolution 2015-13.
7aCouncil Items: Request to cut and bale grass on city property
Allow Ryan Thompson to cut and bale grass; waiver of liability required.
7bCouncil Items: Request for additional time of office help
Grant request to keep temporary help until around mid-September, or as budget permits.
7cCouncil Items: Schedule Budget Workshop
Budget workshops scheduled for July 20th, August 3rd and August 17th from 6:00 PM to 8:00 PM.
Schedule stated; no motion recorded.
7dCouncil Items: Should Recycle Center Be Staffed On Saturday, July 4th?
Remove July 4th Saturday recycling day; have Warden clean parks instead.
A resident raised concerns about people being ticketed for taking items from the recycling center and asked the council to consider signage so residents understand whether permission is required to remove items. The mayor said the city could put recycling on a future agenda, but no decision was made at this meeting.
7eCouncil Items: Seasonal Park Maintenance Worker
Direct staff to set up interviews and proceed with hiring if qualified candidate is found.
7fCouncil Items: Resolution 2015-12 - Approval of Premise Permit
Adopt Resolution 2015-12.
Motion carried 4-1, with Bettinger opposed.
7gCouncil Items: Approve Final Invoice (Recycling Center - Majestic Masonry)
Approve final payment, conditioned on adding missing two plastic sleeves before check release.
A resident raised concerns about people being ticketed for taking items from the recycling center and asked the council to consider signage so residents understand whether permission is required to remove items. The mayor said the city could put recycling on a future agenda, but no decision was made at this meeting.
Condition: add missing two plastic sleeves before releasing check.
7hCouncil Items: Offer to purchase City Property (Lot 1, Block 1, Burns Town Center)
Counteroffer at county estimated market value of $98,000; discussion of ponding and restrictions; potential signage easement mentioned.
The council voted to counter an offer to purchase city property (Lot 1, Block 1, Burns Town Center) at the county’s estimated market value of $98,000. Discussion included concerns about ponding and restrictions on the lot, and Mr. Peterson stated he was aware and would check with the planner and his surveyor; he also mentioned possible signage easement ideas. The motion carried with Pilon opposed.
Motion carried 4-1 with Pilon opposed.
7iCouncil Items: Floor Items (Councilmember Rainville response/clarifications)
Rainville addressed prior-meeting statements re: Lions accusations, Park & Rec committee discrimination concern, and Data Practices Act/process concerns; council discussed clarification.
Discussion only; no motion recorded.
7jCouncil Items: Council Direction (staff to follow prior direction until changed)
Motion to advise staff to follow council direction until changed in direction.
Rainville raised concern that a prior council direction to document when and where roads were graded was not being followed because staff believed a new council would need to restate the request. The mayor agreed that practices and policies should be maintained until altered, and the council passed a motion advising staff to follow direction until it is changed.
8Introduction of New Items / Adjourn
Adjournment at 8:35 PM.
Adjourned at 8:35 PM by motion.
22 motions on the record. Split votes are highlighted.
M1Bettinger made a motion to approve the amended agenda; Reighard seconded. All in favor; motion carried.
moved by Bettinger, seconded by Reighard
All in favor
M2Rainville made a motion to approve the request by Jeff and Shai Stadfelt for an easement vacation, as recommended by the Planning and Zoning Commission and Stockman; Bettinger seconded. All in favor; motion carried.
Rainville made a motion to approve the request by Jeff and Shai Stadfelt for an easement vacation, as recommended by the Planning and Zoning Commission and Stockman; Bettinger seconded. All in favor; motion carried.
moved by Rainville, seconded by Bettinger
All in favor
M3Scheffler made a motion to approve the request by Lee and Dawn Stewart for a Conditional Use Permit, as recommended by the Planning and Zoning Commission and the Planner; Bettinger seconded.
Scheffler made a motion to approve the request by Lee and Dawn Stewart for a Conditional Use Permit, as recommended by the Planning and Zoning Commission and the Planner; Bettinger seconded.
moved by Scheffler, seconded by Bettinger
M4Rainville made a motion to approve the request by Robert and Julie Koester for an Interim Use Permit, as recommended by the Planning and Zoning Commission and the Planner; Bettinger seconded. All in favor; motion carried.
Rainville made a motion to approve the request by Robert and Julie Koester for an Interim Use Permit, as recommended by the Planning and Zoning Commission and the Planner; Bettinger seconded. All in favor; motion carried.
moved by Rainville, seconded by Bettinger
All in favor
M5Pilon made a motion to accept the withdrawal from Dave Perkins for his request for a CUP for multiple uses on a single lot and his IUP to reestablish residential use; Rainville seconded. All in favor; motion carried.
Pilon made a motion to accept the withdrawal from Dave Perkins for his request for a CUP for multiple uses on a single lot and his IUP to reestablish residential use; Rainville seconded. All in favor; motion carried.
moved by Pilon, seconded by Rainville
All in favor
M6Bettinger made a motion to approve staff to make revisions of the ordinance and send it back to P&Z for public hearing; Reighard seconded. All in favor; motion carried.
Bettinger made a motion to approve staff to make revisions of the ordinance and send it back to P&Z for public hearing; Reighard seconded. All in favor; motion carried.
moved by Bettinger, seconded by Reighard
All in favor
M7Pilon made a motion to have the attorney draft up a consent decree and present it at the July meeting; Rainville seconded.
Pilon made a motion to have the attorney draft up a consent decree and present it at the July meeting; Rainville seconded.
moved by Pilon, seconded by Rainville
All in favor; motion carried.
M8Reighard made a motion to appoint Peter Carpenter to the open position on the Park and Rec. Committee; Rainville seconded. All in favor; motion carried.
Reighard made a motion to appoint Peter Carpenter to the open position on the Park and Rec. Committee; Rainville seconded. All in favor; motion carried.
moved by Reighard, seconded by Rainville
All in favor
M9Scheffler made a motion to approve the consent agenda; Bettinger seconded.
Scheffler made a motion to approve the consent agenda; Bettinger seconded.
moved by Scheffler, seconded by Bettinger
M10Rainville made a motion to approve all the Consent Agenda items except for 1.4 and 1.9; Pilon seconded.
Rainville made a motion to approve all the Consent Agenda items except for 1.4 and 1.9; Pilon seconded.
moved by Rainville, seconded by Pilon
M11Pilon made a motion to approve item 1.4; Rainville seconded. All in favor; motion carried.
Pilon made a motion to approve item 1.4; Rainville seconded. All in favor; motion carried.
moved by Pilon, seconded by Rainville
All in favor
M12Rainville made a motion to have item 1.9 (Resolution 2015-13) be presented to Council in its original format; Pilon seconded.
Rainville made a motion to have item 1.9 (Resolution 2015-13) be presented to Council in its original format; Pilon seconded.
moved by Rainville, seconded by Pilon
M13Bettinger made a motion to approve Resolution 2015-13 as presented tonight; Pilon seconded. Four in favor; Rainville opposed. Motion carried.
Bettinger made a motion to approve Resolution 2015-13 as presented tonight; Pilon seconded. Four in favor; Rainville opposed. Motion carried.
moved by Bettinger, seconded by Pilon
M14Bettinger made a motion for Ryan Thompson to cut and bale the grass and to sign a waiver of liability; Scheffler seconded. All in favor; motion carried.
Bettinger made a motion for Ryan Thompson to cut and bale the grass and to sign a waiver of liability; Scheffler seconded. All in favor; motion carried.
moved by Bettinger, seconded by Scheffler
All in favor
M15Scheffler made a motion to grant the request made by LaDoucer to keep the temporary help until around mid-September, or as the budget permits; Bettinger seconded. All favor; motion carried.
Scheffler made a motion to grant the request made by LaDoucer to keep the temporary help until around mid-September, or as the budget permits; Bettinger seconded. All favor; motion carried.
moved by Scheffler, seconded by Bettinger
All favor
M16Scheffler made a motion to remove the July 4th Saturday recycling day and have Warden work at cleaning the parks that day instead; Rainville seconded. All in favor; motion carried.
Scheffler made a motion to remove the July 4th Saturday recycling day and have Warden work at cleaning the parks that day instead; Rainville seconded. All in favor; motion carried.
moved by Scheffler, seconded by Rainville
All in favor
M17Scheffler made a motion to have staff set up interviews with the potential applicants and if one is qualified staff can proceed with the hiring; Bettinger seconded. All in favor; motion carried.
Scheffler made a motion to have staff set up interviews with the potential applicants and if one is qualified staff can proceed with the hiring; Bettinger seconded. All in favor; motion carried.
moved by Scheffler, seconded by Bettinger
All in favor
M18Scheffler made a motion to adopt Resolution 2015-12; Rainville seconded. Four in favor; Bettinger opposed. Motion carried.
Scheffler made a motion to adopt Resolution 2015-12; Rainville seconded. Four in favor; Bettinger opposed. Motion carried.
moved by Scheffler, seconded by Rainville
M19Scheffler made a motion to approve final payment of the invoice to Majestic Masonry, but that before the check is released, that the missing two plastic sleeves be added; Bettinger seconded. All in favor; motion carried.
Scheffler made a motion to approve final payment of the invoice to Majestic Masonry, but that before the check is released, that the missing two plastic sleeves be added; Bettinger seconded. All in favor; motion carried.
moved by Scheffler, seconded by Bettinger
All in favor
M20Bettinger made a motion to counter the offer to the estimated market value from the county of $98,000; Reighard seconded.
Bettinger made a motion to counter the offer to the estimated market value from the county of $98,000; Reighard seconded.
moved by Bettinger, seconded by Reighard
M21Rainville made a motion to advise staff to follow direction until there is a change in direction; Pilon seconded. All in favor; motion carried.
Rainville made a motion to advise staff to follow direction until there is a change in direction; Pilon seconded. All in favor; motion carried.
moved by Rainville, seconded by Pilon
All in favor
M22Scheffler made a motion to adjourn the meeting at 8:35 PM; Bettinger seconded. All in favor; motion carried.
Scheffler made a motion to adjourn the meeting at 8:35 PM; Bettinger seconded. All in favor; motion carried.
moved by Scheffler, seconded by Bettinger
All in favor
Documents and recordings archived for this meeting, when available.
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