CITY OF NOWTHEN

REGULAR CITY COUNCIL MEETING

TUESDAY, FEBRUARY 14, 2012 @ 7:00 PM

(Meeting will be taped for transcribing purposes only.)

Present: Bill Schulz Jeff Pilon Harlan Meyer

Laurie Olmon Orval Leistico

Others: Bob Ruppe, Attorney Shane Nelson, Engineer

Liz Stockman, Planner

Approve/amend the meeting agenda – Schulz removed Item # 6 Fire Dept Update and Item # 8). J. Fire Security System. Leistico moved item #7.1.2 to the end of the Council Items. Meyer made a motion to approve the amended agenda; Olmon seconded. All in favor; motion carried.

1). Floor Items: - Mary Rainville of 6633 191st Ave NW said that the Nowthen Lions Fishing Contest was very successful. She thanked the Council and staff for their support.

Dale Ames of 22176 Sugarbush Road stated that the Council discussed changing the dates of the meetings. He thinks this is a big mistake because it will cause problems with two of the Committees. The Planning and Zoning has public hearings and the first week of the month is when elections are held. Going to a different date would be confusing to the community. He thinks if they change the dates it would cause a lot of problems. It causes problems with the Park and Rec. Maybe switched with the Park and Rec. Even if the City went to the first Tuesday of the month it would be a problem. Ames also is confused on how many members are on the Park and Rec. Committee. In the Zoning Ordinance it states that there are 9 members on the Planning and Zoning Commission. If the Council wants to change that they need to change the Ordinance and that consists of a public hearing.

Irene Beberg of 7411 – 152nd Ave NW, Ramsey stated that she owns property on Bass Lake. She doesn’t have any objections to the Northern Power Association holding more events, but the property is zoned residential and it is more of a commercial property than residential. If there is something going on every weekend how is she supposed to sell her property as residential? She is very concerned about it. She doesn’t mind some events, but if they are going to start having rock concerts and blue grass bands she has concerns. She doesn’t know if there is security on duty. The noise is a big problem if she is trying to sell the property. There have been some people interested in her property and think that it would be ideal for a park. Her property has 1200 ft of Lake Frontage.

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There are people looking at the property and is ideal as a park. It does have fish in it. The City of Ramsey received legacy money and they have canoe and kayak money for their property and it didn’t cost the City of Ramsey anything. Maybe the City of Nowthen can be that lucky as well. Her property is for sale. If the City wants to make it into a park, the City can purchase it and they can do anything they want.

2). Engineer updates:

a). Preliminary Flood Insurance Study Report/Flood Insurance Rate Map – Nelson said that this is just an update and there isn’t any action at this time that the City can take. FEMA is updating their maps, but most of the boundaries are staying the same, but they are now showing aerial photographs. The City may be receiving calls from the residents now on some of these. Nelson thinks that they should wait until the new information comes out and request FEMA to use that new data.

b). Report of Geotechnical Explorations – There is no action from the Council on this. They did receive soil borings on this and they did find peat soils and it has to be excavated to make the soils suitable for a culvert. This information will be used to prepare the plans and design.

c). Street Study – Nelson provided the Council with the Street Study. He has received input from the Road and Bridge Committee and they are willing to look at techniques to preserve the roads. Nelson said that this should be discussed at a future workshop; maybe in April.

3). Park and Recreation

a). Clarification on Roles/Responsibilities - The Committee will review past meetings and re-evaluate secondary and primary responsibilities and what are day to day operations.

b). Sale of firewood from park – proceeds to plant new trees – The Park and Rec. Committee wanted the proceeds to be used for replacing trees in the park. Pilon would like to go over this at the next workshop. Olmon made a motion for staff to handle the sale of the wood; ad’s, arranging times with bidders, obtaining bids and awarding bids; Leistico seconded. Pilon would like to discuss this matter further at a workshop. Four in favor; Pilon opposed.

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4). Road and Bridge Updates:

a). 2012 Gravel Plan – Glaze feels that there is enough in the gravel fund to do most if not all of the roads remaining from 2011 and the ones for 2012. Meyer made a motion to approve graveling the roads listed for 2012 and completion of the roads from 2011. Olmon seconded. All in favor; motion carried.

5). Planning and Zoning:

a). NHPA Amended CUP – Ruppe feels that we should change our Ordinance to limit the use to a year. Stockman feels that Item #13 in the conditions of the Resolution should be removed. Meyer would like to add architectural review to Committee to Item #16. Meyer made a motion to adopt Resolution 2012-04 with amends to Item 3 & 16, A Resolution Providing for Amended Conditional Use Permit Approval for the Nowthen Historical Power Association Located at 7415 Old Viking Blvd. As recommended by the Planning and Zoning Commission and Liz Stockman; Schulz seconded. All in favor; motion carried. Meyer made a motion to allow Jody Hicks to move forward with the re-enactment and bluegrass concert events while she works on the application of an IUP; Olmon seconded. All in favor; motion carried.

b). Cluster Development Ordinance – Liz Stockman prepared a proposal to create a cluster development ordinance. Project outline cost is $1,800. Meyer made a motion to move forward with the TPC’s proposal to develop the Cluster Development Ordinance. Olmon seconded. All in favor; motion carried.

c). Park & Trail Plan / Snowmobile Ord. Review by Park and Rec. – The Park and Rec. Committee will look at the Park and Trail Plan in conjunction with the Snowmobile Ordinance. Schulz made a motion to have the Park and Rec. Review these; Pilon seconded. All in favor; motion carried.

d). Approval for Liz Stockman to review existing Park and Trail Plan – This will work in conjunction with the Cluster Development Ordinance.

e). Gary Uhde 6080 Gypsy Valley Road – Stockman stated that Uhde told her that he previously spoke with Barry Olson. He has a lot on 20 acres and his lot term intention is to split the lot into two. In the meantime he would like to build a 60x60 pole building. There is currently a 33 ft easement from the road that just provides access to Uhde’s property.

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Uhde originally thought that was all he needed to split the lot later and he would just extend the easement later across the lot to provide access to the newly created lot. Pilon stated that he spent a long time talking with Olson about this and he doesn’t agree that Olson told Uhde this. Stockman recommends that we don’t allow access at all by the easements or flag lots. It is troublesome in the long run. She told Mr. Uhde that she would not allow a lot split in the future without a public road. He stated that the neighbor is not going to give him the additional 33 ft that he would need. Stockman said that is not the City’s problem. Pilon said that Olson attempted to work with the property owners on this.

Stockman said that Uhde is looking for some guidance on this matter. She would recommend that the City requests a public road. One possibility is to plat a half street, but you don’t know if you’ll ever get the other half. She is trying to get Uhde to push his building as far south as he can. She doesn’t have a problem with his 60x60 ft building.

Pilon is concerned that we don’t allow pole building to go up before houses. Stockman and LaDoucer explained that he does have green acre status and our Ordinance allow for this with green acres.

Stockman also said that on this lot there really is no definition where the lot front is. She would like to designate the lot frontage be the north property line for a future road. Stockman stated that if he wanted to build a house in the future or split the lot it would have to come before the Planning and Zoning Commission and Council. Pilon suggested that we change the ordinance to state that it has to be contiguous green acres and/or stated that it cannot be on a parcel with no less then so many tillable acres.

If they allow him to put the building up where he wants it he would be only about 60 feet from any future roadway. It would be a nonconforming lot because of the setbacks.

There is no formal action necessary by the Council and no grounds for the City to require an easement to the property. Mr. Uhde is just looking for some guidance as to a future residence and lot split of the property. He can put up his agricultural building, but he is not guaranteed to be allowed to put up a house or split the lot.

6). Fire Dept Update: Update will be provided next month.

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7). Consent Agenda:

1.1 Approve the January 10, 2012 City Council and the December 28, 2011 Special City Council Meeting Minutes

1.3 Financial Report

Meyer made a motion to approve the Consent Agenda Items; Schulz seconded. All in favor; Motion carried.

8). Council Items:

a). Threshing Show Brochure Ad – Olmon made a motion to use the artwork from Pilon’s business cards for the Threshing Show Brochure Ad; Meyer seconded. All in favor; motion carried.

b). Approval to attend the MCFOA Conference in March – Olmon made a motion to approve LaDoucer to attend the MCFOA; Schulz seconded. All in favor; motion carried.

c). Approve Joint Powers Agreement (Reconstruction of CSAH 22) – Have Nelson ask the County Engineer and explain why it is not going to the County Line. Olmon made a motion to accept the Joint Powers Agreement Contingent upon clarification of the Cost-Sharing Agreement (exhibit C) and attorney review; Schulz seconded. All in favor; motion carried.

d). Mediation Services request for donation – Pilon made a motion to deny the request for donation to Mediation Services; Meyer seconded. All in favor; motion carried.

e). Eisenschenk Property Clean Up Update – Pilon will contact Eisenschenk to find out where he is on the clean up. Meyer made a motion to table this until the March Meeting; Schulz seconded. All in favor; motion carried.

f). Time Sheets – Olmon made a motion to accept the revised timesheet; Pilon seconded. All in favor; motion carried.

g). Renew Safe Assure Contract – Meyer made a motion to approve the Safe Assure Contract for an amount of $1,275.00; Leistico seconded. All in favor; motion carried.

h). Approve transfers – Olmon made a motion to transfer the $15,000 from the Hoffman Hills Turn Lane Fund and put it into a Road and Bridge Improvement Fund; Meyer seconded. All in favor; motion carried.

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Pilon made a motion to transfer money from the General Fund to clear out the Willow Creek Fund and to clear out the Building Dept Fund; Meyer seconded. All in favor; motion carried. Pilon made a motion to transfer the funds from Xenon/213th , Memorial Committee and Bailey Estates Fund to the Road and Bridge Improvement Fund; Pilon made a motion to transfer $7,500 from the Fire Department Fund to the Fire Equipment fund for turnout gear; Meyer seconded. All in favor; motion carried.

i). Recycling Center Meter Reading Issues – Meter Reader has been installed.

j). Fire Security System – Tabled until further information is provided.

k). Code of Conduct – Meyer made a motion to approve the Code of Conduct for the Nowthen City Council; Olmon seconded. Olmon made a motion for LaDoucer to create one for the committee members; Pilon seconded. All in favor; motion carried.

l). Approve All Audited Bills Claim #7315 through Claim #7361, plus Net Distribution reports dated January 9th, January 17th, and January 30th, 2012.

m). Consent Agenda 1.2 - Leistico has a problem with paying City Council members for their meetings several months after the meetings took place. It was suggested to revise Ordinance 21, An Ordinance Establishing City Council Salaries to state that they have 60 day from the meeting/event date to submit for reimbursement. Meyer made a motion to approve amending Ordinance 21 as stated; Pilon seconded. All in favor; motion carried.

n). Employee Lay off/reduction of hours – Due to lack of snowfall this winter the City Council discussed the possibility of reducing two maintenance workers hours to 20 hours per week. If the union is not in agreement with that the Council would consider laying off one full time employee. Olmon made a motion to continue the City Council Meeting to Friday, February 17th, 2012 at 10:00 AM so the Union will have time to respond to reducing the hours to 20 hours per week. Meyer seconded. All in favor; motion carried.

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Respectively Submitted by:

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Corrie LaDoucer, City Clerk William Schulz, Mayor