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Nowthen City Council meeting, March 13, 2018

City Council

Tuesday, March 13, 2018

Agenda

Not on file

What was on the agenda.

Packet

Not on file

The supporting materials the board reviewed.

Minutes

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The official record of what happened.

One-line summary

The City Council approved the agenda and consent agenda, denied a requested zoning map amendment at 5259 Viking Blvd, approved a $5,000 escrow for park buffering related to Bill’s Superette tree replacement, appointed Robert Schiller to the Planning Commission, scheduled a Comp Plan workshop for March 26, and directed staff to involve the city attorney regarding an Oak Grove annexation petition and a trespass ordinance.

What was on the agenda

21 items as recorded in the minutes, each with a short summary of what was at issue.

  1. AApprove/amend the meeting agenda

    Mayor added annex-out petition and trespass ordinance; item 1.5 pulled from consent and added as Council Item E.

    • agenda
    Approved
    p. 1City Council Meeting — 2018 03-13 Approved Minutes (2018-03-13)· Approve/amend the meeting agenda - Mayor Pilon added two items to Council. Petition to amend/Annex out of the City and a trespass ordinance for the disorderly conduct. Rainville would like to pull item 1.5 from the Consent Agenda and add that as Council Item E. Breyen made a motion to approve the agenda as amended; R…
  2. BComplements to Staff (snowplowing email)

    Mayor read an email from Penny LaPlante commending maintenance team for snow removal.

    • staff_recognition
    • public_comment
    Discussion only
    p. 1City Council Meeting — 2018 03-13 Approved Minutes (2018-03-13)Pilon stated that there was an email sent to the Council about the staff performance in the snowplowing. He read the following email from Penny LaPlante:
  3. 1Sheriff's Report

    Lt. Wayne Heath introduced the Deputies for the area; Mayor thanked sheriff’s department.

    • public_safety
    Discussion only
    p. 2City Council Meeting — 2018 03-13 Approved Minutes (2018-03-13)## 1). Sheriff's Report: Lt. Wayne Heath introduced the Deputies for the area.
  4. 2Floor Items

    Public comments included criticism of prior meeting conduct and support for zoning change request.

    • public_comment
    Discussion only
    p. 2City Council Meeting — 2018 03-13 Approved Minutes (2018-03-13)## 2). Floor Items: -
  5. 3aPlanning & Zoning: Zoning Map Amendment (5259 Viking Blvd) from C-1 to I-1 (40 acres)

    Request by Josh Peterson and Eldon Farb to rezone 40 acres for self-storage facility and other industrial uses.

    The Council considered a request by Josh Peterson and Eldon Farb to change 40 acres at 5259 Viking Blvd from C-1 (Commercial) to I-1 (Industrial) to allow development of a self-storage facility and other industrial uses. After discussion about control of uses in I-1, whether Viking Blvd is a “main drag,” and the Planning & Zoning Commission’s unanimous recommendation, the Council voted to deny the request on a 3–2 vote (Rainville, Breyen, and Pilon in favor; Reighard and Bettinger opposed).

    • zoning_map_amendment
    • 5259_viking_blvd
    • industrial_zoning
    Denied
    p. 3City Council Meeting — 2018 03-13 Approved Minutes (2018-03-13)Josh Peterson and Eldon Farb - Request for a Zoning Map Amendment for property owned at 5259 Viking Blvd for revision to the City's Zoning Map to change 40 acres from C-1, Commercial to 1-1, industrial.p. 4City Council Meeting — 2018 03-13 Approved Minutes (2018-03-13)Rainville, Breyen, and Pilon in favor of denying the request; Reighard and Bettinger opposed. Motion carried.
  6. 3bPlanning & Zoning: Bill’s Superette landscaping escrow

    Approve $5,000 escrow from Grant Radamacher for tree replacement/buffering near park.

    The Council approved accepting a $5,000 escrow from Grant Radamacher related to Bill’s Superette to cover tree replacement and discussed keeping the funds set aside for a buffer between the park and commercial activity (trees, fencing, hedges, and other park-related improvements). The motion was amended so the clerk would set up a separate fund for the $5,000, and the Council approved the motion unanimously.

    • bills_superette
    • escrow
    • park_buffering
    Approved
    p. 4City Council Meeting — 2018 03-13 Approved Minutes (2018-03-13)b). Grant Radamacher - Bill's Superette approval of Landscaping amount for escrow.p. 6City Council Meeting — 2018 03-13 Approved Minutes (2018-03-13)All in favor of Breyen's motion; motion carried.
  7. 3cPlanning & Zoning: Appointment to Planning Commission (Robert Schiller)

    Approve appointment of Robert Schiller to Planning Commission.

    The Council voted on the Planning & Zoning Commission’s recommended appointment of Robert Schiller to the Planning Commission. Some members raised concerns that the interview and selection process was too simplistic and that the Council should better understand applicants’ vision for the City; others supported following the P&Z recommendation and noted Schiller’s background. The appointment passed 3–2, with Bettinger, Reighard, and Breyen voting in favor and Rainville and Pilon opposed.

    Passed on a split vote (3-2).

    • appointments
    • planning_commission
    Approved
    p. 6City Council Meeting — 2018 03-13 Approved Minutes (2018-03-13)c). Recommended Appointment to the Planning Commission - Robert Schiller -p. 7City Council Meeting — 2018 03-13 Approved Minutes (2018-03-13)Bettinger, Reighard and Breyen in favor to appoint Schiller; Rainville and Pilon opposed, Motion carried.
  8. 3dPlanning & Zoning: Code Enforcement – Council direction

    Council discussed complaint about building enlargement/fire wall and sprinkler code; did not direct further staff action.

    • code_enforcement
    • building_code
    No action
    p. 7City Council Meeting — 2018 03-13 Approved Minutes (2018-03-13)## d). Code Enforcement - Council direction -p. 8City Council Meeting — 2018 03-13 Approved Minutes (2018-03-13)Pilon asked if the Council had any intention to ask the Staff to spend any more time on this. They said no.
  9. 3eSchedule Comp Plan Meeting/Workshop

    Originally proposed for March 27; amended and approved for March 26, 2018 at 7:00 PM.

    The Council debated scheduling a Comprehensive Plan workshop, including concerns about accommodating Councilmember availability and coordinating Planning & Zoning attendance. The initial motion for March 27 was amended to schedule the Comp Plan Workshop for March 26 at 7:00 PM, and the amended motion passed unanimously.

    Motion amended from March 27 to March 26.

    • comprehensive_plan
    • workshop
    • scheduling
    Approved
    p. 8City Council Meeting — 2018 03-13 Approved Minutes (2018-03-13)## e). Schedule Comp Plan Meeting/Workshop - Rainville made a motion to hold the Comp Plan meeting on March 27th. Breyen seconded for discussion.p. 10City Council Meeting — 2018 03-13 Approved Minutes (2018-03-13)Rainville amended her motion to have the Comp Plan Workshop on the 26th of March @ 7:00 PM. All in favor; motion carried.
  10. 4.1Consent agenda: Approve Jan 9 and Feb 13, 2018 City Council minutes and Feb 8, 2018 workshop minutes

    • consent_agenda
    • minutes
    Consent calendar
    p. 11City Council Meeting — 2018 03-13 Approved Minutes (2018-03-13)1.1 Approve the January 9th and February 13, 2018 City Council Meeting Minutes and the February 8, 2018 CC Workshop Minutesp. 11City Council Meeting — 2018 03-13 Approved Minutes (2018-03-13)Rainville made a motion to approve items 1.1 through 1.4; Breyen seconded. All in favor; motion carried.
  11. 4.2Consent agenda: Financial Report

    • consent_agenda
    • financial_report
    Consent calendar
    p. 11City Council Meeting — 2018 03-13 Approved Minutes (2018-03-13)1.2 Financial Reportp. 11City Council Meeting — 2018 03-13 Approved Minutes (2018-03-13)Rainville made a motion to approve items 1.1 through 1.4; Breyen seconded. All in favor; motion carried.
  12. 4.3Consent agenda: Approve all audited bills (claims 613–669) and net distribution reports (Feb 6, 13, 20 and Mar 5, 2018)

    As part of the consent agenda, the Council approved audited bills and claims (stated as claim #613 through claim #669 in the consent agenda list) along with net distribution reports dated February 6, 13, 20 and March 5, 2018. The attached claims history pages in the minutes packet show claim #616 through claim #669 with a “Total For Selected Claims” of $195,579.03, including items such as a $22,500 dump trailer purchase and a $64,620 final payment for a fire rescue truck.

    • consent_agenda
    • claims
    Consent calendar
    p. 11City Council Meeting — 2018 03-13 Approved Minutes (2018-03-13)1.3 Approve All Audited Bills Claim # 613 through Claim # 669, plus Net Distribution reports dated February 6th, 13th and 20th, and March 5th, 2018.p. 11City Council Meeting — 2018 03-13 Approved Minutes (2018-03-13)Rainville made a motion to approve items 1.1 through 1.4; Breyen seconded. All in favor; motion carried.
  13. 4.4Consent agenda: RCA – Request final purchase of SCBA’s for Nowthen Firefighters

    • consent_agenda
    • fire_department
    • equipment_purchase
    Consent calendar
    p. 11City Council Meeting — 2018 03-13 Approved Minutes (2018-03-13)1.4 RCA - Request final purchase of Self Contained Breather Apparatus (SCBA's) for the Nowthen Firefightersp. 11City Council Meeting — 2018 03-13 Approved Minutes (2018-03-13)Rainville made a motion to approve items 1.1 through 1.4; Breyen seconded. All in favor; motion carried.
  14. 4.5Consent agenda item 1.5 (moved to Council Item E)

    Minutes state item 1.5 was moved to Council Item E; the content of item 1.5 is not provided in these minutes.

    Item content not shown in minutes within this bundle; noted as moved to Council Item E.

    • consent_agenda
    No action
    p. 11City Council Meeting — 2018 03-13 Approved Minutes (2018-03-13)1.5 Moved to Council Item E.
  15. 5aDeputy Clerk Position Update

    Update that interviews were scheduled.

    • staffing
    • hiring
    Discussion only
    p. 11City Council Meeting — 2018 03-13 Approved Minutes (2018-03-13)a). Deputy Clerk Position Update - Two interviews scheduled for Friday and one on Monday.
  16. 5bDay-to-day operating expenditure authorization

    Resolution/policy needed further discussion; item tabled.

    • finance_policy
    • authorization
    Tabled
    p. 11City Council Meeting — 2018 03-13 Approved Minutes (2018-03-13)b). Day to Day operating expenditure authorization - Information was given at the February Council Meeting -p. 11City Council Meeting — 2018 03-13 Approved Minutes (2018-03-13)Breyen made a motion to table this, as he thinks the Resolution needs to match up with the Policy, and we need more discussion regarding that. Rainville seconded. All in favor; motion carried.
  17. 5cAnnex into Oak Grove (petition to annex out of the City)

    Council discussed petition from Kent Roessler and Doug Hough to annex properties into Oak Grove (450 acres) and voted to contest pending more information and contact attorney.

    The Council discussed a petition from Kent Roessler and Doug Hough to annex approximately 450 acres into Oak Grove, noting that if Nowthen contests it there could be a legal hearing. The Council voted to contest the annexation at this point and to contact the city attorney and Oak Grove for options, with the Mayor noting a special meeting might be called if action is needed before the next regular meeting.

    Motion was to contest annexation and contact attorney.

    • annexation
    • oak_grove
    Approved
    p. 11City Council Meeting — 2018 03-13 Approved Minutes (2018-03-13)There was a petition from Kent Roessler and Doug Hough to annex their properties into Oak Grove. This is 450 acres.p. 12City Council Meeting — 2018 03-13 Approved Minutes (2018-03-13)All in favor of the motion to contact the attorney to contest this action; motion carried.
  18. 5dTrespass Ordinance (draft based on Oak Grove ordinance; send to attorney)

    Council voted to obtain Oak Grove trespass ordinance documents and submit to city attorney for review and adaptation for Nowthen.

    The Council discussed obtaining Oak Grove’s attorney-drafted clarification to its trespass ordinance, in light of a Supreme Court-related change in how disorderly conduct is interpreted at public meetings, and the recommendation to have an ordinance to support asking people to leave city property. The Council approved getting Oak Grove’s documents and submitting them to the city attorney to adapt for Nowthen if appropriate.

    • ordinance
    • public_meetings
    • trespass
    Approved
    p. 12City Council Meeting — 2018 03-13 Approved Minutes (2018-03-13)### d). Trespass Ordinance -p. 12City Council Meeting — 2018 03-13 Approved Minutes (2018-03-13)Pilon made a motion to recommend getting a copy of Oak Grove's Trespass Ordinance documents, submit them to our attorney to see how it might fit in our circumstances if it's appropriate, amend it if it does to fit the City of Nowthen. Rainville seconded Pilon's motion. All in favor; motion carried.
  19. 5eRCA – Adopt Resolution 2018-07 (4M Fund membership)

    Council tabled Resolution 2018-07 to May workshop and requested a 4M representative presentation.

    The Council considered an RCA item to adopt Resolution 2018-07 authorizing membership in the 4M Fund. The Council tabled the item until the May City Council Workshop and requested that a 4M representative attend the May 4 workshop to present to the Council.

    Tabled until May City Council Workshop; presentation requested for May 4 workshop.

    • 4m_fund
    • investment
    • resolution_2018_07
    Tabled
    p. 13City Council Meeting — 2018 03-13 Approved Minutes (2018-03-13)e). RCA - Adopt Resolution 2018-07, A Resolution Authorizing Membership in the 4M Fund - Rainville made a motion to table this until the May City Council Workshop, and requested a 4M representative to come and present to the Council at the May 4th workshop.p. 13City Council Meeting — 2018 03-13 Approved Minutes (2018-03-13)All in favor; motion carried.
  20. 6Introduction of New Items

    Mayor noted Fire Rescue Truck and Pup Trailer were in and in service/at A&B Welding.

    • fire_department
    • equipment
    Discussion only
    p. 13City Council Meeting — 2018 03-13 Approved Minutes (2018-03-13)6). Introduction of New Items: - Pilon said that the Fire Rescue Truck is now in. It has not been decaled, but they wanted to get it in service before they get it decaled up. It is in service. The Pup Trailer is also in, at A&B Welding.
  21. AdjournAdjournment

    Adjourned at 8:15 PM.

    • adjournment
    Approved
    p. 13City Council Meeting — 2018 03-13 Approved Minutes (2018-03-13)Bettinger made a motion to adjourn at 8:15 PM; Breyen second. All in favor; motion carried.

Motions and votes

11 motions on the record. Split votes are highlighted.

  • M1Breyen made a motion to approve the agenda as amended; Reighard seconded. All in favor; motion carried.

    moved by Breyen, seconded by Reighard

    Passed

    All in favor; motion carried.

    p. 1City Council Meeting — 2018 03-13 Approved Minutes (2018-03-13)Breyen made a motion to approve the agenda as amended; Reighard seconded. All in favor; motion carried.
  • M2Rainville made a motion to deny the request; Breyen seconded for discussion.

    Exact transcript text

    Rainville made a motion to deny the request; Breyen seconded for discussion.

    moved by Rainville, seconded by Breyen

    PassedSplit vote
    • YRainville
    • YBreyen
    • YPilon
    • NReighard
    • NBettinger
    p. 3City Council Meeting — 2018 03-13 Approved Minutes (2018-03-13)Rainville made a motion to deny the request; Breyen seconded for discussion.p. 4City Council Meeting — 2018 03-13 Approved Minutes (2018-03-13)Rainville, Breyen, and Pilon in favor of denying the request; Reighard and Bettinger opposed. Motion carried.
  • M3Breyen made a motion to approve the $5000 escrow from Grant Radamacher to cover the cost of the tree replacement; Rainville seconded.

    Exact transcript text

    Breyen made a motion to approve the $5000 escrow from Grant Radamacher to cover the cost of the tree replacement; Rainville seconded.

    moved by Breyen, seconded by Rainville

    Passed

    All in favor of Breyen's motion; motion carried.

    p. 4City Council Meeting — 2018 03-13 Approved Minutes (2018-03-13)Breyen made a motion to approve the $5000 escrow from Grant Radamacher to cover the cost of the tree replacement; Rainville seconded.p. 6City Council Meeting — 2018 03-13 Approved Minutes (2018-03-13)All in favor of Breyen's motion; motion carried.
  • M4Bettinger made a motion to approve appointing Robert Schiller; Reighard seconded.

    Exact transcript text

    Bettinger made a motion to approve appointing Robert Schiller; Reighard seconded.

    moved by Bettinger, seconded by Reighard

    PassedSplit vote
    • YBettinger
    • YReighard
    • YBreyen
    • NRainville
    • NPilon
    p. 6City Council Meeting — 2018 03-13 Approved Minutes (2018-03-13)Bettinger made a motion to approve appointing Robert Schiller; Reighard seconded.p. 7City Council Meeting — 2018 03-13 Approved Minutes (2018-03-13)Bettinger, Reighard and Breyen in favor to appoint Schiller; Rainville and Pilon opposed, Motion carried.
  • M5Rainville made a motion to have the Comp Plan Workshop on the 26th of March @ 7:00 PM. All in favor; motion carried.

    Exact transcript text

    Rainville made a motion to have the Comp Plan Workshop on the 26th of March @ 7:00 PM. All in favor; motion carried.

    moved by Rainville, seconded by Breyen

    Passed

    All in favor; motion carried.

    p. 10City Council Meeting — 2018 03-13 Approved Minutes (2018-03-13)Rainville amended her motion to have the Comp Plan Workshop on the 26th of March @ 7:00 PM. All in favor; motion carried.
  • M6Rainville made a motion to approve items 1.1 through 1.4; Breyen seconded. All in favor; motion carried.

    Exact transcript text

    Rainville made a motion to approve items 1.1 through 1.4; Breyen seconded. All in favor; motion carried.

    moved by Rainville, seconded by Breyen

    Passed

    All in favor; motion carried.

    p. 11City Council Meeting — 2018 03-13 Approved Minutes (2018-03-13)Rainville made a motion to approve items 1.1 through 1.4; Breyen seconded. All in favor; motion carried.
  • M7Breyen made a motion to table this, as he thinks the Resolution needs to match up with the Policy, and we need more discussion regarding that. Rainville seconded. All in favor; motion carried.

    Exact transcript text

    Breyen made a motion to table this, as he thinks the Resolution needs to match up with the Policy, and we need more discussion regarding that. Rainville seconded. All in favor; motion carried.

    moved by Breyen, seconded by Rainville

    Tabled

    All in favor; motion carried.

    p. 11City Council Meeting — 2018 03-13 Approved Minutes (2018-03-13)Breyen made a motion to table this, as he thinks the Resolution needs to match up with the Policy, and we need more discussion regarding that. Rainville seconded. All in favor; motion carried.
  • M8Bettinger made a motion to contest the annexation at this point until we get more information; Breyen seconded Bettinger's motion.

    Exact transcript text

    Bettinger made a motion to contest the annexation at this point until we get more information; Breyen seconded Bettinger's motion.

    moved by Bettinger, seconded by Breyen

    Passed

    All in favor of the motion to contact the attorney to contest this action; motion carried.

    p. 12City Council Meeting — 2018 03-13 Approved Minutes (2018-03-13)Bettinger made a motion to contest the annexation at this point until we get more information; Breyen seconded Bettinger's motion.p. 12City Council Meeting — 2018 03-13 Approved Minutes (2018-03-13)All in favor of the motion to contact the attorney to contest this action; motion carried.
  • M9Pilon made a motion to recommend getting a copy of Oak Grove's Trespass Ordinance documents, submit them to our attorney to see how it might fit in our circumstances if it's appropriate, amend it if it does to fit the City of Nowthen. Rainville seconded Pilon's motion. All in favor; motion carried.

    Exact transcript text

    Pilon made a motion to recommend getting a copy of Oak Grove's Trespass Ordinance documents, submit them to our attorney to see how it might fit in our circumstances if it's appropriate, amend it if it does to fit the City of Nowthen. Rainville seconded Pilon's motion. All in favor; motion carried.

    moved by Pilon, seconded by Rainville

    Passed

    All in favor; motion carried.

    p. 12City Council Meeting — 2018 03-13 Approved Minutes (2018-03-13)Pilon made a motion to recommend getting a copy of Oak Grove's Trespass Ordinance documents, submit them to our attorney to see how it might fit in our circumstances if it's appropriate, amend it if it does to fit the City of Nowthen. Rainville seconded Pilon's motion. All in favor; motion carried.
  • M10Rainville made a motion to table this until the May City Council Workshop, and requested a 4M representative to come and present to the Council at the May 4th workshop.

    Exact transcript text

    Rainville made a motion to table this until the May City Council Workshop, and requested a 4M representative to come and present to the Council at the May 4th workshop.

    moved by Rainville, seconded by Bettinger

    Passed

    All in favor; motion carried.

    p. 13City Council Meeting — 2018 03-13 Approved Minutes (2018-03-13)Rainville made a motion to table this until the May City Council Workshop, and requested a 4M representative to come and present to the Council at the May 4th workshop.p. 13City Council Meeting — 2018 03-13 Approved Minutes (2018-03-13)All in favor; motion carried.
  • M11Bettinger made a motion to adjourn at 8:15 PM; Breyen second. All in favor; motion carried.

    Exact transcript text

    Bettinger made a motion to adjourn at 8:15 PM; Breyen second. All in favor; motion carried.

    moved by Bettinger, seconded by Breyen

    Passed

    All in favor; motion carried.

    p. 13City Council Meeting — 2018 03-13 Approved Minutes (2018-03-13)Bettinger made a motion to adjourn at 8:15 PM; Breyen second. All in favor; motion carried.

Dollar amounts in motions

Amounts named in or tied to a motion that passed, each shown with the motion. A motion can approve an amount, cap it, or remove it from a list, so read the motion text. These links are AI-extracted, and the minutes control.

  • Total for selected audited claims (claims list shown as claim #616 through #669 in the attached claims history pages).

    $195,579

    Motion Rainville made a motion to approve items 1.1 through 1.4; Breyen seconded. All in favor; motion carried. Passed(All in favor; motion carried.)
    p. 14City Council Meeting — 2018 03-13 Minutes (2018-03-13)PAY ALL AUDITED BILLS, CLAIM #616 THROUGH CLAIM #669, PLUS NET DISTRUBUTION REPORTS DATED FEBRUARY 6TH, 13TH, 20TH AND MARCH 5TH, 2018.PDFCity Council Meeting — 2018 03-13 Minutes (2018-03-13)$195,579.03
  • Claim #616: ShirAul, LLC – “1993 Bullet Bottom Dump Pull Trailer”.

    $22,500

    Motion Rainville made a motion to approve items 1.1 through 1.4; Breyen seconded. All in favor; motion carried. Passed(All in favor; motion carried.)
    PDFCity Council Meeting — 2018 03-13 Minutes (2018-03-13)ShirAul,LLC 1993 Bullet Bottom Dump Pull Trailer 616 28590 Yes $22,500.00
  • Claim #618: Command Fire Apparatus – “Final Payment of Fire Rescue Truck”.

    $64,620

    Motion Rainville made a motion to approve items 1.1 through 1.4; Breyen seconded. All in favor; motion carried. Passed(All in favor; motion carried.)
    PDFCity Council Meeting — 2018 03-13 Minutes (2018-03-13)Command Fire Apparatus Final Payment of Fire Rescue Truck 618 28592 Yes $64,620.00
  • Claim #634: Couri & Ruppe, P.L.L.P. – “January/February”.

    $3,060

    Motion Rainville made a motion to approve items 1.1 through 1.4; Breyen seconded. All in favor; motion carried. Passed(All in favor; motion carried.)
    PDFCity Council Meeting — 2018 03-13 Minutes (2018-03-13)Couri & Ruppe, P.L.L.P. January/February 634 28614 Yes $3,060.00

Sources

Documents and recordings archived for this meeting, when available.

The summary on this page is AI-extracted and may need correction. The PDFs and the meeting recording are the official record. What do the trust labels mean?