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Tuesday, January 5, 2016
Agenda
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Packet
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The supporting materials council reviewed.
Minutes
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One-line summary
Council workshop covered a draft comprehensive plan amendment for Wagner/O’Welling/Engs, a Green Acres ordinance-definition mismatch affecting the Sheldons’ agricultural building exemption, plans to table the fee schedule for comparison research, code-enforcement status including Gibbs IEP complaints (no action), and discussion items including a reduced fire-call fee request and a port-a-potty for the skating rink.
8 items as recorded in the meeting transcript, each with a plain-English summary of what was at issue.
APlanning & Zoning: Comprehensive plan amendment (John Wagner / Bill O'Welling / Engs)
Draft comprehensive plan amendment discussed; stated purpose included avoiding a frontage road through the property to allow development.
Council opened the workshop with discussion of a draft comprehensive plan amendment involving John Wagner, Bill O’Welling, and the Engs, explaining the city is working with the property owners to amend the plan so a frontage road will not go through the property, allowing the owners to develop it as they see fit. The planner noted efforts to have the amendment reviewed administratively by the Met Council and possibly avoid review by neighboring cities due to the site’s central location; no action was taken at the workshop beyond discussion.
Workshop discussion only; no vote recorded in this transcript excerpt.
BPlanning & Zoning: Cory and Haley Sheldon agricultural building / Green Acres definition issue
Discussed ordinance wording requiring Green Acres tax status for agricultural exemptions, apparent past intent to remove that requirement, and plan to formalize an ordinance definition update at the Tuesday meeting; council indicated comfort with amending to delete the Green Acres requirement.
Council discussed Cory and Haley Sheldon’s request for an additional agricultural building and the discovery that the city code’s definition of “agricultural use” still includes a Green Acres tax-status requirement for agricultural exemptions, even though prior ordinance amendments appeared intended to remove the Green Acres requirement elsewhere. Staff and council described the Green Acres clause as an oversight in the definitions and indicated the council seemed comfortable deleting the Green Acres requirement for agricultural uses and formalizing the change at the Tuesday meeting, with the goal of allowing the Sheldons to move forward without being delayed by the cleanup of outdated language.
Workshop discussion indicates intention to vote Tuesday; no motion/vote recorded here.
COrdinance 2016-07 fee schedule
Council member stated intent to move Tuesday to table the fee schedule and direct staff to prepare a comparison report with surrounding cities and clarify which fees are state-mandated; discussion included condensing fee listings and noting an adopted $100 illegal dumping fine already included.
Council discussed Ordinance 2016-07 (fee schedule) and a council member stated she planned to move at the Tuesday meeting to table the fee schedule and direct staff to produce an apples-to-apples comparison of Nowthen’s fees with surrounding communities, including whether services are provided by staff or contractors and which fees are mandated by other agencies such as the state. The planner noted she had previously created a surrounding-community cost table, and staff also noted the fee schedule included a $100 illegal dumping/littering fine that had already been adopted in a prior month’s ordinance.
Intent stated for a future motion Tuesday; no workshop vote recorded.
DCode enforcement updates (including Gibbs IEP-related complaints)
Planner reported limited new activity; discussed complaints related to the Gibbs special permit/IEP and noted she did not observe violations on her visit; council consensus to take no action at this point.
Staff provided a code-enforcement update and discussed two complaints tied to the Gibbs’ special permit/interim use permit, including allegations about employee vehicles being parked outside the fenced area and concerns about brush piles and graveling for drainage. The planner reported she did not witness employee vehicles parked outside the fence on her visit and had not heard of drainage problems since the engineer’s earlier review; a council member stated it did not appear there was any violation of the IEP granted in 2013, and the council indicated it would take no action at that time while reminding the permit holder to stick to IEP conditions.
Council indicated 'no action at this point' on the Gibbs-related complaints.
ERequest for reduced fire call fee (Todd and Mary Hobrick)
Discussed resident request due to house fire total loss; noted city fee is $2,000 (not $2,500) and insurance would pay up to $500; council agreed to hold off collection while council considers the overall policy later.
Todd and Mary Hobrick appeared with a request to reduce a fire call fee following a total-loss house fire. The mayor clarified the city’s fire call charge is $2,000 (not $2,500 as referenced in the letter) and that the insurance company would pay up to $500; council members referenced prior discussions about whether the fee should be changed or removed and whether it is already built into the fire department budget. The council agreed to place the matter on hold and not pursue collection while the city readdresses the overall policy and considers how any change would apply more broadly.
Council direction described as putting the request/policy 'on hold' rather than deciding a reduction at this workshop.
FPark & Recreation: Port-a-potty at skating rink (cost comparison and proposed vendor)
Reviewed cost comparison ($140/month vs $103) and noted existing relationship with vendor used at recycle center; council requested details (rate, placement, cancellation, ordering authority), and staff indicated it would come from Park & Rec operating budget; recommendation offered to set March 1 as end date.
Council revisited adding a portable toilet at the skating rink and reviewed an apples-to-apples cost comparison, noting $140/month from one vendor versus $103 from “Jimmy Johnny’s,” which already provides the unit for the recycling center (stated as $83 there). Council asked staff to check whether the same rate could apply, whether rentals can be weekly or monthly and prorated, where the unit would be placed for servicing access, and who would order and cancel service; a Park & Recreation member recommended setting March 1 as an end date, and staff stated the cost would come out of the Park & Rec operating budget.
Council discussed bringing a motion Tuesday; no workshop vote recorded.
GUse of tanker truck for flooding the ice (liability/authorization discussion)
Discussed using others to flood the ice; stated that based on information from insurance and Attorney Ruby it should not be an issue; no immediate action and framed as guidance for future seasons.
Council discussed the possibility of allowing others to use the tanker truck to help flood the skating rink ice so staff time is not the only resource used. The mayor stated that based on information from insurance and Attorney Ruby it should not be an issue, described the matter as mainly for future safety and future seasons, and indicated no immediate action was needed unless circumstances arise later in the season.
No action taken beyond discussion and noting clarification received.
HConsent agenda (minutes / financial report / audited bills) — discussion of possible typo and new claims numbering
Council discussed a typo in prior minutes vote tally and asked to notify clerk; clerk noted new program and restarting claim numbers at 1 after contacting state auditors; discussion started on audited bills (including a $300 cleanup line) but transcript provided ends mid-question.
Council began discussing consent agenda items including council meeting minutes, a financial report, and audited bills. Members noted a possible typo in the minutes where a final motion vote should read “3 in favor, 1 opposed,” and the clerk explained that after launching a new program and consulting state auditors, claims were restarted at claim number 1; discussion began on a specific audited-bills line item described as an old claim number 10543 for $300 cleanup, but the transcript excerpt ends mid-question.
Consent agenda referenced, but no approval motion/vote is captured in the provided transcript excerpt.
Documents and recordings archived for this meeting, when available.
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