CITY OF NOWTHEN

PUBLIC HEARING AND

REGULAR CITY COUNCIL MEETING

TUESDAY, JUNE 11, 2013 @ 7:00 PM

Present: Bill Schulz Jeff Pilon Harlan Meyer

Jim Scheffler Mary Rainville

Others: Bob Ruppe, Attorney Shane Nelson, Engineer

Lt. Ron Bouley

PUBLIC HEARINGS

Storm Water Pollution Prevention Program – Schulz opened the public hearing for comments. Shane Nelson stated that the purpose of the public hearing is to receive comments on the Storm Water Pollution Prevention Program (SWPPP). As an annual requirement of the National Pollutant Discharge Elimination System (NPDES) General Storm Water Permit for Small Municipal Separate Storm Sewer Systems (MS4s), the City of Nowthen must receive public comment and opinion on the adequacy of their SWPPP. The public hearing is offered to solicit that input and to provide the public with an opportunity to participate in the development and implementation of the program.

Glen Ovall of 6730 213th Ave asked Nelson if this has anything to do with the EPA being out and doing inspections on private properties. Nelson stated it does not and he is not aware of the EPA doing inspection activities in the area. The resident stated that he lives behind Gypsy Valley Road and has run into the EPA inspector a few times. He said that they are looking at run off traps. The person did identify himself and did have a badge, but the protocol didn’t seem right.

Public Hearing Closed at 7:13 PM

COUNCIL MEETING

Approve/amend the meeting agenda – Meyer added Baseball Park Net Screening Net as item 8. H. Rainville made a motion to approve the amended agenda; Meyer seconded. All in favor; motion carried.

1). Floor Items: - Cmd. Jenkins announced his retirement. He has been the liaison for the Sheriff’s Dept. and a resident for 10 years. He commended the Council and appreciates the working relationship with them.

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Richard Erickson of 7716 205th Ave stated that he owned and started DeForest Press. They published “Nowthen Then and Now in 1997”. He sat with Lou Paulson and got a lot of history about Nowthen from her. He asked for a $3,900 grant to put the book into form back in 1997. They sold all of the books and returned the $3,900 grant they received. In 2007 DeForest Press financed the second production of the book, which was twice the size. They had made about 1600 to 2000 copies. Erickson has about 800 copies left. He has since handed the company over to his co-worker. They have been at the Threshing Show every year to sell the books. This year they cannot be here to sell the books during the events that they normally sell them at. Erickson would like the City of Nowthen to find a way to purchase some of the copies. They would like to sell the books at 100 at 30% and 200 at 40% and each 100 thereafter at 50%. He would hate to see them thrown away. He is appealing to the Council to purchase the books. He said that they have to leave the City and would like to leave the books with the City.

Zane Reynolds of 21310 Brook Rd. said that he used to live across the street from Leon and Cindy Ohman. Reynolds said that two years ago he started making products from goat’s milk and other items. The Ohman’s were the ones pushing him forward and encouraging him to start his business. He also has done cooking demonstrations at the winery during their events. With being a vendor at the Goose Lake Winery, Reynolds can also give his prospective, as well as a neighbor, that nothing bad ever happens there. It is a wonderful draw in the community. Not only that, they spend a lot of money in advertising and marketing from the metro area, so it brings in outside groups that don’t even know where Nowthen is. The City is very lucky to have an industry like this in our community. There are a lot of wineries going around these days, but not a lot that produce quality products. He would encourage the Council to listen with an open heart.

Mark Berglund of 2140 4th Ave N. said that he is here on behalf of Debbie and Robert Mahutga regarding the application from Gibbs on the approval of an IUP to allow for an Extended Home Occupation operation in a Rural Residential Agricultural District. He has a submission that he would like to give to the Council. Ruppe said that the IUP request is already on the agenda at item 3.b. That would be the appropriate time to address the issue. Berglund said that he would be happy to wait until that item came up for discussion.

Ken Mcknight of 21732 Pinnaker Road stated that he wanted to address the Council on the Farm winery.

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It has recently come to his attention that the Council is trying to shut it down. For what reason, he does not know. After 8 or 9 years now they have been a successful operation. He thinks it is a waste of time and effort and he would like to know why the Council is doing this and what they are trying to accomplish by doing this.

Jason Schroeder of 21646 Pinnaker Road said that he is here to talk on behalf of Goose Lake Farm Winery. His good friends Cindy and Leon Ohman talked him into starting his own business. He wants to know what is going on. If the farm winery shuts down, he will shut down. He gets a lot of his business from the patrons at the farm winery. Schroeder has a brewing business just down the street from the winery. He doesn’t have the marketing technics that the winery does. He wants to know what is happening and to support the winery any way that he can.

Glen Ovall of 6730 213th Ave said that he has been self-employed for 40 years. He has lived up here for 28 years and he still doesn’t have an IUP. He doesn’t need one because he doesn’t really run the business into his home. He knows a lot of people here that are self-employed. Some have IUP’s and some do not. Frankly, a permit is more of a “thank you sir, you can conduct your business under these agreements”. Someone comes out and puts their blood and sweat into their business and they are counting on the integrity of the people who are leading the community. Ovall doesn’t know the issues behind this, but it stinks. He has been running two businesses. He has bought thousands of permits. He has dealt with cities way bigger than Nowthen and he doesn’t like what he is hearing and seeing. A lot of them don’t. He hopes tonight there is some real legitimate reason for this and not a private agenda because there are a lot of them that are going to get very upset. He is here to support the City. He has stayed out of things but this issue is really under his skin and it sounds inappropriate.

Tom Lopez, attorney representing the Ohman’s, said that he wants to know if they can table this discussion until they get to it on the agenda. Ruppe said that the topic of the winery was just a status update to the Council from staff. There were no items for consideration for the Council. Lopez said that they are willing to answer any questions they might have, specific to the CUP. Schulz told Lopez that he could speak. Lopez stated that the City has a letter that was drafted by the Lopez. The Ohman’s have a CUP and have been a good neighbor in the neighborhood. Lopez stated that their CUP is valid and at this point there is no indication that the Ohman’s have violated the two conditions of the CUP that was issued.

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One condition is that they operate a Farm Winery and the other condition is that they provide restrooms. Otherwise, the use is regulated by the state. They provide benefits to the local community, jobs, businesses that come to the community; money is spent at the winery and in the community. At this time, the position of the Ohman’s is that revocation or any other further enforcement of the CUP is inappropriate and that a violation does not exist in terms of the CUP. With regard to those issues, they are here to answer any questions.

Sue Pilon of 18959 Nowthen Blvd. stated that she wanted to address the fact that there is a lot of misunderstanding with the whole issue about the Goose Lake Winery situation. She hopes that it gets resolved. She thinks that it is a real cool thing to have a winery in Nowthen and to see the label on the bottles. They make great gifts. The idea is wonderful. She also knows that being a neighbor to a person down the road from her wanting to start a business in their home; we are in a residential area, not a commercial district; just the same as the winery is. She appreciated the work that the Council did on her neighbors request for a home business. There was an open hearing and all the neighbors got to go, they got to hear how much traffic was going to be generated by the business, what kind of parking they had and how it was going to affect the neighbors around them. The followed all the rules and regulation and the business request ended up being denied in the residential area. They didn’t have size, parking or things that were needed. None of that would have come out if they had not gone through all the regulations and the legal aspects of the request. Pilon hopes that this can get resolved and they understand that people aren’t personally against the business at all. They just want the same standards be used by everyone. The Threshing Show had to obtain certain permits for holding special events. She just wanted to state that.

Melony Garoutte of 6400 Norris Lake Road said that she lives right on the corner of Norris Lake Road and Xenon. She speaks in a very personal point of view. Two reasons; Leon Ohman is her brother and the other reason is where they live on the corner they are sensitive to traffic. They have had a number of opportunities to talk about CUP’s for neighbors and businesses. The Land Of Lakes Choir Boys is one and Vicky and Barry Wagner who own Gold Star Kennels are another. Since they live so close to the road, one of their biggest concerns is traffic. Garoutte said that the Ohman’s have a sign to direct traffic to the winery from that corner. She would like to let the Council know that they have not had any issues with traffic at all. From a business standpoint and a traffic standpoint, there are no issues.

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Jason Snyder of 19563 Rhinestone St. wanted to also table his comments about the Gibbs IUP request until it was discussed later in the meeting.

2). Sheriff Update: - Lieutenant Ron Bouley provided an update for Sheriff Service calls for the month of May 2013.

3). Planning and Zoning:

a). Shane/Marcy Hybben & Allen Jenson - Lot Line Reconfiguration (33-33-25-21-0008 & 33-33-25-21-0007) – Ruppe said that if the condition of the Lot Line Reconfiguration is an Easement Vacation then a public hearing for the easement vacation needs to be done first. It needs to be done in the correct order of the State Statutes. Pilon made a motion to table the Hybben and Jenson request until the Planning and Zoning Commission holds a public hearing for the Easement Vacation and to have staff send notification on a 60 day extension on their request; Scheffler seconded. All in favor; motion carried.

b). Cathy Gibb’s - IUP request for Home Extended Business (28-33-25-12-0003) – Schulz stated that this request was approved by the Planning and Zoning Commission at their last meeting. There were some items brought up at the workshop with some slight changes. Ruppe said that he has not had a chance to review the packet of information that was just handed out this evening from Attorney Mark Berglund.

Berglund stated that the Mahutga’s have a tie with the City as Mr. Mahutga sits on the P&Z Commission and Mrs. Mahutga is an employee with the City. They are involved with various City matters and are involved with this particular request because it is the property immediately to the east of their property. They do have a personal interest as to whether this IUP is approved. They are requesting the Council not to approve the IUP. Their request isn’t based on personal concerns, but rather there are various points of the City Ordinances that appears will not be complied with if this IUP is granted. Berglund broke out his points in the letter he submitted.

Berglund stated that it does appear that the number of employees that is being suggested to be used to operate the Gibb’s business is two (2) part-time inside employees and four (4) part-time outside employees.

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The Ordinance states specifically that for this type of IUP it is either two (2) full-time employees or four (4) part-time employees that are allowed. It is not both and it never has been both. As Berglund previously stated, Mr. Mahutga has sat on the P&Z Commission for over ten (10) years and in his experience; never once has he seen the Council approve any IUP that in anyway infringes upon that particular Ordinance.

Berglund understands that a proposed decision of Findings of Fact suggests the combination of the two (2) interior employees into a one (1) part-time employee and four (4) outside employees. Again that would be five part-time employees. For that reason alone it appears that the IUP request should be denied.

Secondly, the type of business that is being proposed is a lawn care and landscaping business. He pointed out that the Ordinances specifically discuss landscaping businesses in the commercial zoning portion of the ordinances. It defines that type of business as commercial, which is appropriate for a commercial or industrial zoned area. What is being requested is an IUP in a rural residential agricultural district. This would suggest that this type of business would be inappropriate for this particular location. For that reason, they are requesting the Council to review the ordinance and determine that this is an inappropriate use of the property.