FINAL CITY OF NOWTHEN CITY COUNCIL WORKSHOP THURSDAY, JUNE 7, 7:00 PM

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1 JUNE 2018 S M T W Th F S FINAL CITY OF NOWTHEN CITY COUNCIL WORKSHOP THURSDAY, JUNE 7, 7:00 PM JULY 2018 S M T W Th F S :00 PM 1). Pinnaker Lake Estates Improvement Bids and Assessment Roll 7:20 PM 2). Planning & Zoning: a). Gary Uhde A request for property owned at 6080 Gypsy Valley Road (PID ), regarding the following three (3) matters: A LOT SPLIT & CONDITIONAL USE PERMIT to allow subdivision of a acre parcel with flag lot access to the parcel as required in Section G of the City Subdivision Ordinance; A VARIANCE to allow access via the existing 33-foot driveway easement from Gypsy Valley Road. b). Jim Clemmer A request for property owned at rd Ave NW (PID ), regarding the following matter: A VARIANCE to allow deviation from required setbacks to a 40 x 60 accessory building currently under construction. c). Paul Leyendecker A request for property owned at St. Francis Blvd. (PID ), regarding the following two (2) matters: An INTERIM USE PERMIT to allow continuation of the existing Home Extended Business which allows storage of personal work vehicles greater than 20,000 pounds GVW and to allow outdoor storage of vehicles and equipment for others; REVOCATION of an existing Conditional Use Permit issued in 2002 for a roofing business. d). Code Enforcement 7:45 PM 3). Road and Bridge: a). RCA 2019 Road Overlay Recommendation

2 City of Nowthen City Council Workshop Agenda Thursday, June 7, 2018 Page 2 of 2 b). RCA Recommendation from Road and Bridge Committee of a 5 Yr. Road Improvement Plan 7:55 PM 4). Consent Agenda: 1.1 Financial Report 1.2 Approve All Audited Bills Claim # 751 through Claim # 808, plus Net Distribution reports dated May 7 th, 14 th and 29 th, RCA Approve two (2) temporary liquor license requests from Ramsey Lions 1.4 RCA Approve Liquor License Renewals for Bill s Superette, Northwoods Bar & Grill, Bootleggers Saloon & Eatery and Burns Bottle Shop with the additional Off-Sale Sunday Liquor License. 1.5 RCA Request approval of Farmers Market Budget and approve donation of a weather radio. 1.6 RCA Approve Committee Recommendations for updates to the Park and Trail Plan 1.7 RCA Approval to send staff to Clerk s Orientation Conference 1.8 RCA Copy Machine Upgrade 1.9 RCA Donation to Heritage Festival RCA 2019 Donation request to Alexandra House 8:05 PM 5). Council Items: a). Adopt Resolution Adopting Chapter 214, House File 4425, The Omnibus Bonding Bill, Section 46, Lines to , Entitled Nowthen; Comprehensive Plan. b). c). d). RCA Health Insurance Benefits Increase RCA Tobacco Free Park Policy Reorganization of Office Staff Duties (for discussion purposes only) 8:30 PM 6). Introduction of New Items: - 8:35 PM Meeting Adjourn

3 JUNE 2018 S M T W Th F S CITY OF NOWTHEN PROPOSED ASSESSMENT HEARING PINNAKER LAKE ESTATES IMPROVEMENT PROJECT TUESDAY, JUNE 12, 6:30 PM JULY 2018 S M T W Th F S CITY COUNCIL MEETING WILL IMMEDIATELY FOLLOW 7:00 PM Allegiance 7:02 PM Clerk Reads the Meeting Policy 7:03 PM Approve/amend the meeting agenda 7:04 PM 1). Award Pinnaker Lake Estates Improvement Bid and approve assessment roll 7:10 PM 2). Sheriff s Report: 7:15 PM 3). Floor Items: Floor items are an opportunity for the public to address the City Council regarding any issues or concerns they have. (You will have no more than 3 minutes to state your comment or concerns) 7:24 PM 4). Planning & Zoning: a). Gary Uhde A request for property owned at 6080 Gypsy Valley Road (PID ), regarding the following three (3) matters: A LOT SPLIT & CONDITIONAL USE PERMIT to allow subdivision of a acre parcel with flag lot access to the parcel as required in Section G of the City Subdivision Ordinance; A VARIANCE to allow access via the existing 33-foot driveway easement from Gypsy Valley Road. b). Jim Clemmer A request for property owned at rd Ave NW (PID ), regarding the following matter: A VARIANCE to allow deviation from required setbacks to a 40 x 60 accessory building currently under construction.

4 City of Nowthen City Council Meeting Agenda Tuesday, June 12, 2018 Page 2 of 3 c). Paul Leyendecker A request for property owned at St. Francis Blvd. (PID ), regarding the following two (2) matters: An INTERIM USE PERMIT to allow continuation of the existing Home Extended Business which allows storage of personal work vehicles greater than 20,000 pounds GVW and to allow outdoor storage of vehicles and equipment for others; REVOCATION of an existing Conditional Use Permit issued in 2002 for a roofing business. 7:25 PM 5). Road and Bridge: a). RCA 2019 Road Overlay Recommendation b). RCA Recommendation from Road and Bridge Committee of a 5 Yr. Road Improvement Plan 7:45 PM 6). Consent Agenda: 1.1 Financial Report 1.2 Approve All Audited Bills Claim # 751 through Claim # 808, plus Net Distribution reports dated May 7 th, 14 th, and 29 th, RCA Approve two (2) temporary liquor license request from Ramsey Lions 1.4 RCA Approve Liquor License Renewals for Bill s Superette, Northwoods Bar & Grill, Bootleggers Saloon & Eatery and Burns Bottle Shop with the additional Off-Sale Sunday Liquor License. 1.5 RCA Request approval of Farmers Market Budget and approve donation of a weather radio. 1.6 RCA Approve Committee Recommendations for updates to the Park and Trail Plan 1.7 RCA Approval to send staff to Clerk s Orientation Conference 1.8 RCA Copy Machine Upgrade 1.9 RCA Donation to Heritage Festival RCA 2019 Donation request to Alexandra House 7:50 PM 7). Council Items: a). Adopt Resolution Adopting Chapter 214, House File 4425, The Omnibus Bonding Bill, Section 46, Lines to , Entitled Nowthen; Comprehensive Plan.

5 City of Nowthen City Council Meeting Agenda Tuesday, June 12, 2018 Page 3 of 3 b). c). d). RCA Health Insurance Benefits Increase RCA Tobacco Free Park Policy Reorganization of Office Staff Duties (for discussion purposes only) 8:10 PM 8). Introduction of New Items: - 8:20 PM Meeting Adjourn

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9 3601 Thurston Avenue Anoka, MN MEMORANDUM TO: FROM: Nowthen Mayor and City Council Elizabeth Stockman DATE: June 4, 2018 RE: Nowthen Uhde Lot Split, Flag Lot CUP and Variance 6080 Gypsy Valley Rd. FILE: Revised Survey The Uhde survey has been updated to show the wetlands, septic sites for both lots, soil borings, future building pad on the easterly lot, and revisions to the driveway. Any City Council motion for approval should include a change to the ROW radius as shown on the survey from 60 feet in the cul-de-sac to 66 feet which is the City s standard rural section. Emergency Vehicle Access TPC spoke with Matt Kohner on 6/1/18 regarding the Uhde driveway which must be designed to accommodate emergency vehicles. Chief Kohner is accepting of the proposed turn-around shown within the cul-de-sac ROW between the two proposed lots. The Planning and Zoning Commission was open to the turn-around being surfaced with gravel; that is also OK with Chief Kohner. C: Corrie LaDoucer Ellen Lendt Shane Nelson Gary Uhde 1

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11 CITY OF NOWTHEN ANOKA COUNTY, MINNESOTA PLANNING & ZONING COMMISSION FINDINGS & RECOMMENDATION APPROVAL CONDITIONAL USE PERMIT, VARIANCE & LOT SPLIT APPLICANT: Gary Uhde APPLICATION: Request for approval of a two Lot Split at 6080 Gypsy Valley Road, Conditional Use Permit to allow a flag lot, and a Variance to allow access via an existing access easement; PID# PLANNING & ZONING COMMISSION MEETING: May 22, 2018 FINDINGS: Based upon review of the application and evidence received, the Planning and Zoning Commission of the City of Nowthen now makes the following findings of fact: 1. The legal description of the property is THE W1/2 OF NE1/4 OF SW1/4 OF SEC 14 TWP 33 RGE 25, SUBJ TO EASE OF REC. 2. The subject site is guided by the Comprehensive Plan permanent rural residential land uses through the year The subject site is zoned RRA, Rural Residential Agriculture. 4. The Uhde property encompasses acres and is accessible from Gypsy Valley Road via a 33-foot easement over 6070 Gypsy Valley Road (PID# ). 5. The Uhde property contains one existing accessory building that encompasses +/-7,460 square feet. 6. The existing access easement was not created by the applicant; the lot was purchased with the existing 33-foot easement. 7. The Planning Report dated May 14, 2018 prepared by the City Planner, The Planning Company LLC., is incorporated herein. 8. The Nowthen Planning and Zoning Commission held a public hearing, preceded by a published and mailed notice, and considered the request at their regular meeting on May 22, 2018; 1

12 RECOMMENDATION: Based on the foregoing information and applicable ordinances, the Uhde Conditional Use Permit, Variance and Lot Split are APPROVED with the following conditions: LOT SPLIT CONDITIONS: 1. Sixty-six (66) feet of public right-of-way is dedicated along the northern border of the property to align with the existing access easement to the east, and dead-ends at the Uhde property. All future access to land lying north and west of the Uhde property shall be served by local street access further north on Gypsy Valley Road. 2. Both homes are setback a minimum of 120 feet from the northerly lot line or from the centerline of dedicated ROW/a future road, whichever is greater. 3. The survey shall be subject to review and approval of the City Engineer regarding minimum floor elevations, 100-year flood elevations, and drainage/utility easements. 4. The wetland delineation report is subject to review and approval of the City s Wetland Specialist. 5. The septic system plans are subject to review and approval of the Building Official. 6. Buildability requirements are met as required under Section of the City s Subdivision Ordinance. 7. The applicants are responsible for all costs associated with the processing of this request. FLAG LOT CONDITIONAL USE PERMIT CONDITIONS: 8. The Planning and Zoning Commission makes a finding that practical difficulties exist which justify use of the existing access easement for a second parcel (under the terms of the Flag Lot CUP). 9. No structures of any kind shall be built within the flagpole portion of the lot or within easements. 10. The access from Gypsy Valley Road must be designed to accommodate emergency fire vehicles. 11. A driveway plan and utility plan must be submitted for review prior to final approval. 12. The City Engineer may require the driveway(s) to be paved or require installation curb, gutter and other drainage control measures to prevent runoff from entering neighboring properties. 13. A shared maintenance agreement shall be recorded with Anoka County that ensures perpetual 2

13 shared maintenance and repair of the accessway among property owners, following review and approval of the City Attorney. 14. The property shall be periodically reviewed for compliance upon notification by the Zoning Administrator or Building Official or according to a review frequency as may be established by the City Council. 15. The City Council may hold a public hearing to revoke a conditional use upon the happening of any of the following events, whichever occurs first: a. Upon violation of conditions under which the permit was issued; b. The use or operation is discontinued for a period of one (1) year; c. If a conditional use approved by the City Council is not exercised or put into effect within one (1) year of the date of approval, by fulfilling each and every condition attached thereto, unless a request is submitted to the City in writing no less than thirty (30) days prior to the deadline. The City Zoning Administrator may approve an extension which shall not exceed ninety (90) days whereafter reapplication and approval of a conditional or interim use by the City Council will be required. 16. The applicants are responsible for all costs associated with the processing of this request. MOTION BY: Jason Alders SECOND BY: Kristin Moan ALL IN FAVOR: 5 (Barry Wagner Absent) THOSE OPPOSED: 1 (Dale Ames) ADOPTED by the Planning & Zoning Commission of the City of Nowthen this 22nd day of May CITY OF NOWTHEN By: Dale Ames, Commission Chair Attest: Corrie LaDoucer, City Clerk 3

14 CITY OF NOWTHEN ANOKA COUNTY, MINNESOTA CITY COUNCIL FINDINGS & DECISION APPROVAL CONDITIONAL USE PERMIT, VARIANCE & LOT SPLIT APPLICANT: Gary Uhde APPLICATION: Request for approval of a two Lot Split at 6080 Gypsy Valley Road, Conditional Use Permit to allow a flag lot, and a Variance to allow access via an existing access easement; PID# CITY COUNCIL MEETING: June 12, 2018 FINDINGS: Based upon review of the application and evidence received, the City Council of the City of Nowthen now makes the following findings of fact: 1. The legal description of the property is THE W1/2 OF NE1/4 OF SW1/4 OF SEC 14 TWP 33 RGE 25, SUBJ TO EASE OF REC. 2. The subject site is guided by the Comprehensive Plan permanent rural residential land uses through the year The subject site is zoned RRA, Rural Residential Agriculture. 4. The Uhde property encompasses acres and is accessible from Gypsy Valley Road via a 33-foot easement over 6070 Gypsy Valley Road (PID# ). 5. The Uhde property contains one existing accessory building that encompasses +/-7,460 square feet. 6. The existing access easement was not created by the applicant; the lot was purchased with the existing 33-foot easement. 7. The Planning Report dated May 14, 2018 prepared by the City Planner, The Planning Company LLC., is incorporated herein. 8. The Nowthen Planning and Zoning Commission held a public hearing, preceded by a published and mailed notice, and considered the request at their regular meeting on May 22, The Planning and Zoning Commission recommended approval of the Lot Split, Flag Lot CUP and Variance by a vote of 5 to 1 with one member absent. 1

15 DECISION: Based on the foregoing information and applicable ordinances, the Uhde Conditional Use Permit, Variance and Lot Split are APPROVED with the following conditions: LOT SPLIT CONDITIONS: 1. Sixty-six (66) feet of public right-of-way is dedicated along the northern border of the property to align with the existing access easement to the east, and dead-ends at the Uhde property. All future access to land lying north and west of the Uhde property shall be served by local street access further north on Gypsy Valley Road. 2. Both homes are setback a minimum of 120 feet from the northerly lot line or from the centerline of dedicated ROW/a future road, whichever is greater. 3. The survey shall be subject to review and approval of the City Engineer regarding minimum floor elevations, 100-year flood elevations, and drainage/utility easements. 4. The wetland delineation report is subject to review and approval of the City s Wetland Specialist. 5. The septic system plans are subject to review and approval of the Building Official. 6. Buildability requirements are met as required under Section of the City s Subdivision Ordinance. 7. The applicants are responsible for all costs associated with the processing of this request. FLAG LOT CONDITIONAL USE PERMIT CONDITIONS: 8. The Planning and Zoning Commission makes a finding that practical difficulties exist which justify use of the existing access easement for a second parcel (under the terms of the Flag Lot CUP). 9. No structures of any kind shall be built within the flagpole portion of the lot or within easements. 10. The access from Gypsy Valley Road must be designed to accommodate emergency fire vehicles. 11. A driveway plan and utility plan must be submitted for review prior to final approval. 12. The City Engineer may require the driveway(s) to be paved or require installation curb, gutter and other drainage control measures to prevent runoff from entering neighboring properties. 13. A shared maintenance agreement shall be recorded with Anoka County that ensures perpetual 2

16 shared maintenance and repair of the accessway among property owners, following review and approval of the City Attorney. 14. The property shall be periodically reviewed for compliance upon notification by the Zoning Administrator or Building Official or according to a review frequency as may be established by the City Council. 15. The City Council may hold a public hearing to revoke a conditional use upon the happening of any of the following events, whichever occurs first: a. Upon violation of conditions under which the permit was issued; b. The use or operation is discontinued for a period of one (1) year; c. If a conditional use approved by the City Council is not exercised or put into effect within one (1) year of the date of approval, by fulfilling each and every condition attached thereto, unless a request is submitted to the City in writing no less than thirty (30) days prior to the deadline. The City Zoning Administrator may approve an extension which shall not exceed ninety (90) days whereafter reapplication and approval of a conditional or interim use by the City Council will be required. 16. The applicants are responsible for all costs associated with the processing of this request. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the City Council of the City of Nowthen this 12th day of June CITY OF NOWTHEN By: Mayor Jeff Pilon Attest: Corrie LaDoucer, City Clerk 3

17 CITY OF NOWTHEN ANOKA COUNTY, MINNESOTA PLANNING & ZONING COMMISSION FINDINGS & RECOMMENDATION DENIAL VARIANCE APPLICANT: Jim and Kay Clemmer APPLICATION: Request for approval of a 50.8 foot Variance to allow a 40x60 pole shed at rd Avenue NW; PID# PLANNING & ZONING COMMISSION MEETING: May 22, 2018 FINDINGS: Based upon review of the application and evidence received, the Planning and Zoning Commission of the City of Nowthen now makes the following findings of fact: 1. The legal description of the property is RUSTIC OAKS ESTATES LOT 2 BLK 1 RUSTIC OAKS ESTATES (SUBJ TO EASE AS SHOWN ON PLAT). 2. The subject site is guided by the Comprehensive Plan permanent rural residential land uses through the year The subject site is zoned RRA, Rural Residential Agriculture. 4. The Clemmer property encompasses 1.39 acres and contains an existing residence and partially constructed pole shed (2400 sf). 5. The partially completed pole shed is sited 50.8 feet closer to Salish Circle than regulations permit. The required setback is 87 feet from the ROW line or 120 feet from centerline of Salish Circle. 6. The Planning Report dated May 14, 2018 prepared by the City Planner, The Planning Company LLC., is incorporated herein. 7. The Nowthen Planning and Zoning Commission held a public hearing, preceded by a published and mailed notice, and considered the request at their regular meeting on May 22, RECOMMENDATION: Based on the foregoing information and applicable ordinances, the Clemmer Variance is DENIED for the following reasons: 1

18 REASONS FOR DENIAL: 1. The pole shed was located incorrectly through an intentional decision by the property owner to deviate from the rules, after installation of a new septic system forced the building to be relocated further north and west. 2. The property owner did not contact the City once it was determined that the shed could not be placed as approved. The entire structure was rotated and located such that it straddled an existing underground power line. 3. The property contains ample land upon which to locate the structure and meet required setbacks. 4. The structure is out of character with the size of other accessory buildings in the neighborhood. MOTION BY: Dale Ames SECOND BY: Rob Schiller ALL IN FAVOR: 6 THOSE OPPOSED: 0 ADOPTED by the Planning & Zoning Commission of the City of Nowthen this 22nd day of May CITY OF NOWTHEN By: Dale Ames, Commission Chair Attest: Corrie LaDoucer, City Clerk 2

19 CITY OF NOWTHEN ANOKA COUNTY, MINNESOTA CITY COUNCIL FINDINGS & DECISION VARIANCE APPLICANT: Jim and Kay Clemmer APPLICATION: Request for approval of a 50.8 foot Variance to allow a 40x60 pole shed at rd Avenue NW; PID# CITY COUNCIL MEETING: June 12, 2018 FINDINGS: Based upon review of the application and evidence received, the City Council of the City of Nowthen now makes the following findings of fact: 1. The legal description of the property is RUSTIC OAKS ESTATES LOT 2 BLK 1 RUSTIC OAKS ESTATES (SUBJ TO EASE AS SHOWN ON PLAT). 2. The subject site is guided by the Comprehensive Plan permanent rural residential land uses through the year The subject site is zoned RRA, Rural Residential Agriculture. 4. The Clemmer property encompasses 1.39 acres and contains an existing residence and partially constructed pole shed (2400 sf). 5. The partially completed pole shed is sited 50.8 feet closer to Salish Circle than regulations permit. The required setback is 87 feet from the ROW line or 120 feet from centerline of Salish Circle. 6. The Planning Report dated May 14, 2018 prepared by the City Planner, The Planning Company LLC., is incorporated herein. 7. The Nowthen Planning and Zoning Commission held a public hearing, preceded by a published and mailed notice, and considered the request at their regular meeting on May 22, 2018 and voted 6-0 to DENY to the requested variance (one member absent). DECISION: Based on the foregoing information and applicable ordinances, the Clemmer Variance is DENIED for the following reasons: 1

20 REASONS FOR DENIAL: 1. The pole shed was located incorrectly through an intentional decision by the property owner to deviate from the rules, after installation of a new septic system forced the building to be relocated further north and west. 2. The property owner did not contact the City once it was determined that the shed could not be placed as approved. The entire structure was rotated and located such that it straddled an existing underground power line. 3. The property contains ample land upon which to locate the structure and meet required setbacks. 4. The structure is out of character with the size of other accessory buildings in the neighborhood. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the City Council of the City of Nowthen this 12th day of June CITY OF NOWTHEN By: Mayor Jeff Pilon Attest: Corrie LaDoucer, City Clerk 2

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22 3601 Thurston Avenue Anoka, MN MEMORANDUM TO: FROM: Nowthen Mayor and City Council Elizabeth Stockman DATE: June 4, 2018 RE: Nowthen Leyendecker Interim Use Permit (IUP), St. Francis Blvd. Revocation of 2002 Conditional Use Permit FILE: CC Findings of Fact for IUP and Resolution Revoking 2002 CUP Two separate motions are needed for decisions on the requested IUP for the outdoor storage business and on Resolution revoking the 2002 CUP. The Planning and Zoning Commission held the public hearing on May 22, 2018 as is required for both applications, however, they did not make a recommendation regarding revocation of the CUP. This does not invalidate the process; the City Council may make a decision on the matter via majority vote. There were no public comments regarding the CUP. Surfacing & Stormwater Runoff The Planning and Zoning Commission included in their recommendation for the Leyendecker IUP, direction for staff to research with the MN Pollution Control Agency (MPCA) any regulations regarding the storage of inoperable vehicles, having identified concerns relative to groundwater pollution and/or runoff from the gravel-surfaced outdoor storage area. Class 5 is considered impervious when considering stormwater runoff, however it does not prevent all contaminants from seeping into the ground as will a solid surface such as asphalt or concrete. Runoff is typically the biggest concern when discussing groundwater pollution, either point or non-point source, which runs off into wetlands if not first captured and filtered via stormwater ponds. Section K of the City s Zoning Ordinance allows gravel surfacing on single family properties which are also exempted from stormwater ponding requirements, although a portion of the storage lot could be asphalt under the terms of an IUP. Only parking areas of five 1

23 or more spaces must be paved when located within commercial or industrial zoning districts. Furthermore, the Leyendecker storage lot is not proximate to any wetlands or other water bodies. Junkyards In talking with the MPCA, the only State statute which limits the storage of inoperable vehicles is the Junkyard Act which defines junk yards as a place of storage or deposit for keeping an automobile graveyard lying within one-half (½) mile of a state trunk highway where the waste, body, or material stored is equal to five (5) or more motor vehicles. Junkyard areas that are not visible from the traffic lanes of the roadway via screening are acceptable under this Act. The Leyendecker storage lot does not meet the definition of an auto salvage yard. Section of the Nowthen Zoning Ordinance addresses junkyards and unlicensed vehicles: The City does not permit the operation of a junkyard under the terms of this Chapter. The City also provides for a limit of two (2) unlicensed vehicles, per residential dwelling unit. Any number in excess of two (2) is determined to be a public nuisance and a violation of the terms of this Chapter. This applies to all properties in the City, except where vehicles may be stored inside of a building and/or fully screened or specifically permitted under an IUP. As you are well aware, there are many properties within Nowthen upon which the exterior storage of inoperable vehicles, machinery and equipment is an issue. The Leyendecker property has been generally well-managed, as was pointed out by a neighbor. The goal should be to set parameters for the home business which are specific, enforceable and prevent growth beyond what s appropriate in a residential area. Tiny Homes Storage Yard Condition Used as Model? The following was required as a condition of approval for this property on Iguana Street within the City s Industrial Park: Outdoor storage is limited to the shaded area designated on the site plan which may include licensed and operable recreational vehicles, seasonal storage such as boats and ice houses, storage containers associated with the business, tiny homes and other products, materials, supplies and/or equipment associated with the business. It does not include semi-trucks or storage within (grass) areas not so designated. Photos of Ground Protection Mr. Leyendecker proposed the use of heavy-duty tarps and cardboard beneath inoperable vehicles on his property, held in place with landscape spikes. The cardboard is inexpensive and could be easily changed out when saturated. The MPCA does not address management of leaking fluids through the use of ground cloths simply because it is not a long-term solution, especially when they are typically dealing with large vehicles operations. While there are a few fluid-absorbing cloths made for containing automobile fluids which may leak from vehicles, Mr. Leyendecker has suggested his own version; both are shown in the following pictures. 2

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26 C: Corrie LaDoucer Ellen Lendt Paul Leyendecker 5

27 CITY OF NOWTHEN ANOKA COUNTY, MINNESOTA PLANNING & ZONING COMMISSION FINDINGS & RECOMMENDATION INTERIM USE PERMIT APPLICANT: Paul Leyendecker APPLICATION: Request for approval of an Interim Use Permit to allow a Home Extended Outdoor Storage Business at St. Francis Blvd NW; PID# PLANNING & ZONING COMMISSION MEETING: May 22, 2018 FINDINGS: Based upon review of the application and evidence received, the Planning and Zoning Commission of the City of Nowthen now makes the following findings of fact: 1. The legal description of the property is THAT PRT OF E1/2 OF NE1/4 OF SEC DESC AS FOL BEG AT NE COR OF S 750 FT OF SD E1/2, TH W PRLL/W S LINE OF SD E1/2 800 FT, TH N PRLL/W E LINE OF SD E1/ FT, TH E PRLL/W SD S LINE 800 FTTO SD E LINE, TH S ALG SD E LINE FT TO POB, EX N 300 FT THEREOF (AS MEAS ALG E & W LINES THEREOF), ALSO EX E 33 FT OF N FT OF S FT (AS MEAS ALG E LINE THEREOF); EX RD; SUBJ TO EASE OF REC 2. The subject site is guided by the Comprehensive Plan permanent rural residential land uses through the year The subject site is zoned RRA, Rural Residential Agriculture. 4. The Leyendecker property encompasses 9.11 acres and contains an existing residence and three accessory buildings totaling 3,240 sf. 5. The Planning Report dated May 15, 2018 prepared by the City Planner, The Planning Company LLC., is incorporated herein. 6. The Nowthen Planning and Zoning Commission held a public hearing, preceded by a published and mailed notice, and considered the Interim Use Permit request at their regular meeting on May 22, The Nowthen Planning and Zoning Commission held a public hearing at their regular meeting on May 22, 2018, preceded by a published and mailed notice, and considered Resolution revoking a Conditional Use Permit (CUP) issued on March 29, The Commission did not make a recommendation in this regard. There were no public comments made regarding revocation of this CUP. 1

28 RECOMMENDATION: Based on the foregoing information and applicable ordinances, the Leyendecker Interim Use Permit is APPROVED with the following conditions: 1. Hours of operation are limited to 6AM to 9PM seven (7) days per week, except if complaints are received from neighbors, the hours on Saturday/Sunday shall be limited to 6AM to 5PM unless otherwise changed by City Council action. 2. The outdoor storage area is limited to 140 feet by 215 feet and may not be enlarged from the size existing on June 12, The screening fence shall be maintained in good condition at all times, as shall the natural vegetation since it provides the majority of buffering from neighboring properties. 4. All outdoor storage of vehicles, trailers, trucks/truck cabs, storage containers, machinery and equipment NOT belonging to the property owner shall be kept behind the screening fence at all times with the exception of the firewood, logs, brush and wood chip piles. 5. The City Planner checks into MPCA regulations relative to ground water pollution and runoff. The City Council shall consider either 1) limiting the number of inoperable vehicles, or 2) prohibiting all inoperable vehicles from the property unless stored upon a hard surface or within a structure with a hard-surfaced floor. 6. The storage area shall be limited to 40 large vehicles (40 spaces at approx. 10 x 40) or storage of smaller vehicles and equipment stored within an area equivalent to two rows not exceeding 215 x 40 and 198 x 40 (16,520 SF). The foot center aisle of the storage area shall be kept open and accessible at all times. 7. Objectionable noise, vibration, smoke, dust, electrical disturbance, odors, heat, or glare shall not be produced. No hazardous or toxic chemical/wastes shall be generated or discharged. 8. One box truck not exceeding 36 feet in total length and one dump truck (14 box) not exceeding 26,000 GVW may be stored adjacent to Building #1. 9. One storage container measuring 8.5 x 40 may be located outside of the fence, adjacent to Building #2 (north side). 10. There shall be no site uses which have a negative effect on the health, safety, morals, and general welfare of the occupants of the surrounding area lands. 11. Traffic conditions, including noise, lights, location or number of vehicles, or parking on site, are not a nuisance to adjacent land owners. 12. The property shall be reviewed for compliance by the Zoning Administrator or Building Official upon notification to the City of non-compliance issues/complaints. 13. Termination of the IUP will occur at the time the property is sold outside of the family (a 2

29 change in ownership or occupancy of the principal use), upon violation of any condition, following discontinuation of the business or use for one (1) year, or a change in regulation by the City Council. Discontinuation does not apply to a specific part of a use or operation, or a single event, when the remainder of the use or operation has been on-going. 14. If no other time is specified in the Interim Use Permit, an interim use approved by the City Council must be exercised or put into effect within one (1) year of the date of approval, by fulfilling each and every condition attached thereto, or it shall terminate unless a request is submitted to the City in writing no less than thirty (30) days prior to the deadline. The City Zoning Administration may approve an extension which shall not exceed ninety (90) days whereafter consideration by the City Council may require reapplication and approval of the interim use. 15. The City Council may revoke an interim use permit upon violation of any condition of the permit, any City ordinance, any law of the State of Minnesota, or any law of the United States. 16. Any change involving structural alterations, enlargement, intensification of use, or similar change not specifically permitted by the interim use permit issued shall require an amended interim use permit. Said permit will be processed in the same manner as a new application. 17. An Interim Use Permit shall remain in effect for a specified period of time, until a specific end date, or until the occurrence of a particular event as long as the conditions agreed upon are observed, but nothing shall prevent the City Council from enacting or amending official controls to change the status of interim uses. 18. The applicants are responsible for all costs associated with the processing of this request. MOTION BY: Pearo SECOND BY: Moan ALL IN FAVOR: 6 THOSE OPPOSED: 0 ADOPTED by the Planning & Zoning Commission of the City of Nowthen this 22nd day of May CITY OF NOWTHEN By: Dale Ames, Commission Chair Attest: Corrie LaDoucer, City Clerk 3

30 CITY OF NOWTHEN ANOKA COUNTY, MINNESOTA CITY COUNCIL FINDINGS & DECISION INTERIM USE PERMIT APPLICANT: Paul Leyendecker APPLICATION: Request for approval of an Interim Use Permit to allow a Home Extended Outdoor Storage Business at St. Francis Blvd NW; PID# CITY COUNCIL MEETING: June 12, 2018 FINDINGS: Based upon review of the application and evidence received, the City Council of the City of Nowthen now makes the following findings of fact: 1. The legal description of the property is THAT PRT OF E1/2 OF NE1/4 OF SEC DESC AS FOL BEG AT NE COR OF S 750 FT OF SD E1/2, TH W PRLL/W S LINE OF SD E1/2 800 FT, TH N PRLL/W E LINE OF SD E1/ FT, TH E PRLL/W SD S LINE 800 FTTO SD E LINE, TH S ALG SD E LINE FT TO POB, EX N 300 FT THEREOF (AS MEAS ALG E & W LINES THEREOF), ALSO EX E 33 FT OF N FT OF S FT (AS MEAS ALG E LINE THEREOF); EX RD; SUBJ TO EASE OF REC 2. The subject site is guided by the Comprehensive Plan permanent rural residential land uses through the year The subject site is zoned RRA, Rural Residential Agriculture. 4. The Leyendecker property encompasses 9.11 acres and contains an existing residence and three accessory buildings totaling 3,240 sf. 5. The Planning Report dated May 15, 2018 prepared by the City Planner, The Planning Company LLC., is incorporated herein. 6. The Nowthen Planning and Zoning Commission held a public hearing, preceded by a published and mailed notice, and considered the IUP request at their regular meeting on May 22, The Planning and Zoning Commission voted 6-0 in favor of the Interim use Permit. 7. The Nowthen Planning and Zoning Commission held a public hearing at their regular meeting on May 22, 2018, preceded by a published and mailed notice, and considered Resolution revoking a Conditional Use Permit (CUP) issued on March 29, The Planning and Zoning Commission did not make a recommendation in this regard. There were no public comments made regarding revocation of this CUP. 1

31 DECISION: Based on the foregoing information and applicable ordinances, the Leyendecker Interim Use Permit is APPROVED with the following conditions: 1. Hours of operation are limited to 6AM to 9PM seven (7) days per week, except if complaints are received from neighbors, the hours on Saturday/Sunday shall be limited to 6AM to 5PM unless otherwise changed by City Council action. 2. The outdoor storage area is limited to 140 feet by 215 feet and may not be enlarged from the size existing on June 12, The screening fence shall be maintained in good condition at all times, as shall the natural vegetation since it provides the majority of buffering from neighboring properties. 4. All outdoor storage of vehicles, trailers, trucks/truck cabs, storage containers, machinery and equipment NOT belonging to the property owner shall be kept behind the screening fence at all times with the exception of the firewood, logs, brush and wood chip piles. 5. The City Planner checks into MPCA regulations relative to ground water pollution and runoff. The City Council shall consider either 1) limiting the number of inoperable vehicles, or 2) prohibiting all inoperable vehicles from the property unless stored upon a hard surface or within a structure with a hard-surfaced floor. SEE TPC MEMO. No more than four (4) inoperable vehicles shall be stored on the property at any time. The definition of inoperable for purposes of this IUP shall mean a truck, car or other motor vehicle not capable of operating under its own propulsion and which may be missing parts critical to its functioning. An unlicensed vehicle shall not necessarily be inoperable (under these terms) and shall not prevent it from being stored on the subject property. 6. The storage area shall be limited to 40 large vehicles (40 spaces at approx. 10 x 40) or storage of smaller vehicles and equipment stored within an area equivalent to two rows not exceeding 215 x 40 and 198 x 40 (16,520 SF). The foot center aisle of the storage area shall be kept open and accessible at all times. 7. Objectionable noise, vibration, smoke, dust, electrical disturbance, odors, heat, or glare shall not be produced. No hazardous or toxic chemical/wastes shall be generated or discharged. 8. One box truck not exceeding 36 feet in total length and one dump truck (14 box) not exceeding 26,000 GVW may be stored adjacent to Building #1. 9. One storage container measuring 8.5 x 40 may be located outside of the fence, adjacent to Building #2 (north side). 10. There shall be no site uses which have a negative effect on the health, safety, morals, and general welfare of the occupants of the surrounding area lands. 2

32 11. Traffic conditions, including noise, lights, location or number of vehicles, or parking on site, are not a nuisance to adjacent land owners. 12. The property shall be reviewed for compliance by the Zoning Administrator or Building Official upon notification to the City of non-compliance issues/complaints. 13. Termination of the IUP will occur at the time the property is sold outside of the family (a change in ownership or occupancy of the principal use), upon violation of any condition, following discontinuation of the business or use for one (1) year, or a change in regulation by the City Council. Discontinuation does not apply to a specific part of a use or operation, or a single event, when the remainder of the use or operation has been on-going. 14. If no other time is specified in the Interim Use Permit, an interim use approved by the City Council must be exercised or put into effect within one (1) year of the date of approval, by fulfilling each and every condition attached thereto, or it shall terminate unless a request is submitted to the City in writing no less than thirty (30) days prior to the deadline. The City Zoning Administration may approve an extension which shall not exceed ninety (90) days whereafter consideration by the City Council may require reapplication and approval of the interim use. 15. The City Council may revoke an interim use permit upon violation of any condition of the permit, any City ordinance, any law of the State of Minnesota, or any law of the United States. 16. Any change involving structural alterations, enlargement, intensification of use, or similar change not specifically permitted by the interim use permit issued shall require an amended interim use permit. Said permit will be processed in the same manner as a new application. 17. An Interim Use Permit shall remain in effect for a specified period of time, until a specific end date, or until the occurrence of a particular event as long as the conditions agreed upon are observed, but nothing shall prevent the City Council from enacting or amending official controls to change the status of interim uses. 18. The applicants are responsible for all costs associated with the processing of this request. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the City Council of the City of Nowthen this 12th day of June CITY OF NOWTHEN Attest: Corrie LaDoucer, City Clerk By: Mayor Jeff Pilon 3

33 CITY OF NOWTHEN, ANOKA COUNTY, MN RESOLUTION NO A RESOLUTION REVOKING A CONDITIONAL USE PERMIT ISSUED ON MARCH 29, 2002 FOR PAUL LEYENDECKER AT SAINT FRANCIS BOULEVARD NW WHEREAS, Paul Leyendecker is sole owner of property located at St. Francis Blvd. NW; and WHEREAS, The legal description of the property is THAT PRT OF E1/2 OF NE1/4 OF SEC DESC AS FOL BEG AT NE COR OF S 750 FT OF SD E1/2, TH W PRLL/W S LINE OF SD E1/2 800 FT, TH N PRLL/W E LINE OF SD E1/ FT, TH E PRLL/W SD S LINE 800 FTTO SD E LINE, TH S ALG SD E LINE FT TO POB, EX N 300 FT THEREOF (AS MEAS ALG E & W LINES THEREOF), ALSO EX E 33 FT OF N FT OF S FT (AS MEAS ALG E LINE THEREOF); EX RD; SUBJ TO EASE OF REC; WHEREAS, the subject site is guided by the Comprehensive Plan permanent rural residential land uses through the year 2030; WHEREAS, the subject site is zoned RRA, Rural Residential Agriculture; WHEREAS, the Leyendecker property encompasses 9.11 acres and contains an existing residence and three accessory buildings totaling 3,240 sf; WHEREAS, Paul Leyendecker has made application for an Interim Use Permit to legalize an existing outdoor storage business on this property; WHEREAS, the roofing business for which the 2002 Conditional Use Permit was approved is no longer operating and has not operated since approximately 2006; WHEREAS, the Nowthen Planning and Zoning Commission held a public hearing, preceded by a published and mailed notice, and considered the request at their regular meeting on May 22, 2018; NOW, THERFORE, BE IT RESOLVED BY THE CITY COUNCIL OF NOWTHEN MINNESOTA, AS FOLLOWS: 1. The 2002 Conditional Use Permit is hereby revoked. Adopted by the City Council of the City of Nowthen on June 12th, Attest: Approved: Mayor Jeff Pilon City Clerk Corrie LaDoucer

34 City of Nowthen Code Enforcement Summary June 2018 (Projects listed in chronological order by date of complaint) Address Owner PID # Complaint(s) Date(s) Date(s) of Site Visit(s) Site Photos Taken? City Code Violation (if a complaint is not valid or no violation exists put NA) Admin. Notice Issue Date Admin. Citation Issue Date Last Contact with Property Owner & By Whom Comments And Overall Status Lead City Staff Person Old Viking, 7038 Marilyn & Dennis Eisenschenk Pre /6/13 Yes Inoperable vehicles, car parts, LP tanks, debris; July 2009 City Council unanimously voted to begin abatement process; hearing on May 27, 2010 Cleary Rd, Dan Orttel Oct Oct Dec 2012 Cleary Rd, 210XX c/o Marvin & Ann Larson Jaspar St John Larson Kathy Boyum Jaspar St, Dan Larson March 2011 October 2017 Old Viking Blvd, th Ave, 6334 Kevin and Ellen Rustad 199 th Ave NW, 5380 Yes Dilapidated home foundation; rebuild home or remove foundation Aug /21/15 Yes Junk vehicles, possibly living in trailer, outdoor storage on parcel without residence 9/6/16 Yes 90+ inoperable vehicles, car parts, debris Don Bettinger /5/14 9/1/16 Yes Junk, debris, outdoor storage issues and possible blockage of drainage ditch/wetland Erik and Michael Day (sons) occupant is James Day (father) April /5/14? Expired building permit, outdoor storage, no inspection since Staff mech. inspection of furnace and water heater Sept 30, 2014 Deteriorating structure; floor system being supported by a bottle jack; unsecured 100 lb. propane tanks; foundation issues; and debris on the property. Cleary Rd, Bob Johnson /27/14 11/1/16 Yes Dumpsters, fuel leaks, drums with chemicals, metal recycling, noise and debris. July 29, /25/18 Nov. 15, 2013 April 29, 2014 May 2, /25/18 April 29, /4/16 Letter 2/20/17 Notice Sept. 16, 2014 Sept. 23, 2015 ($600) August 6, 2015 July 31, 2017 July 31, /27/17 Liz ( ) 4/2/17 6/23/17 7/28/17 8/23/17 9/18/17 Liz June 2016 Liz 5/15/17 8/18/17 11/1/17 Liz 9/1/16 Liz 4/13/16 Andy 6/27/17 8/30/17 9/6/17 Liz 1/14/17 Liz Reminder notice sent; must respond in two weeks. Phone call from Mr. Orttel stating that he is getting bids on removing the old foundation and despite his medical issues, things are moving along. TPC stopped at the home of John Larson twice this month with no response; no contact with property owner. Site inspection on 9/29/17. Reminder notice sent; must respond in two weeks. Left messages but calls have not been returned. See attached inspection report dated 2/6/18. Per City Council action on September 12, 2017, this property will stay on the code enforcement list until contact is made next Spring/Summer and additional progress is made on cleanup. At their Nov 15, 2016 meeting, the City Council instructed Mr. Johnson to wind down operations and get the property cleaned up. Liz Liz Liz Liz Liz/Andy Andy Andy/Liz Liz 181 st Ave NW, 7205 Viking Blvd, 8040 Jon Westrum /5/14 12/11/14 Harvey and Ellen Greenberg 12/8/14 12/30/ Jasper St, Jeff Miller Jan 2016 illegal Quonset Oct 2016 Cleary Rd, Kendal Zahorski Jan Yes Yes Outdoor storage issues; expired building permits and garage addition without a permit. Storing semi-trailers on residential property /12/16 Yes Excessive vehicles, debris, outdoor storage 12/12/14 2/1/16 5/3/16 12/1/17 6/27/17 7/24/17 8/22/17 Liz Feb 18 Andy 12/30/15 Liz Yes Violations of IUP 10/24/16 8/31/17 12/12/16 5/25/18 5/29/17 Liz Another reminder sent to Mr. Westrum asking him to fill out a building permit application on 3/29/18. Dumpsters have been on site and kids are sorting through the trailers. Talked with Mr. Miller by phone on 8/31/17; testing of soils in truck wash area and temporary debris piles per MPCA seems to be the only outstanding issue. Reminder notice sent; must respond in two weeks. Andy/Liz Liz Liz Liz

35 Address Owner PID # Complaint(s) Date(s) Date(s) of Site Visit(s) Site Photos Taken? City Code Violation (if a complaint is not valid or no violation exists put NA) Admin. Notice Issue Date Admin. Citation Issue Date Last Contact with Property Owner & By Whom Comments And Overall Status Lead City Staff Person 8480 & 8570 Norris Lake Road th Lane Andrea Keacher Nowthen Blvd, Norris Lake Rd, 7633 Variolite St, vacant Steve Madson Michelle Anderson 9/12/17 (ACSWCD) 9/27/17 yes Violation of CUP conditions (cubic yards were limited and he has exceeded the limit); wetland filled in front /30/17 11/1/17 yes Pole barn additions without permit, overnight camps not permitted under IUP /7/16 11/8/17 yes Fire-damaged structure, inoperable vehicles, junk & debris Polly Carlson /17/18 Sheriff s office Shawn Hegarty /17/18 (Andy) yes Proper enclosure/care of dogs, health & safety issues inside house. 5/9/18 Inoperable vehicles, illegally parked RVs, boats, container longer than 6 months, junk and debris 9/19/17 9/27/17 3/7/18 Liz 2/4/18 11/1/17 Liz/Andy 2/27/18 Liz 12/4/17 (outdoor storage) May 2018 Liz 5/25/18 5/31/18 Liz Restoration order date has passed; no progress on wetland. No application for CUP or IUP. The permit was issued April 5th. After closer examination she does need some help determining how to go about the required repairs. The City is waiting for her to commence construction. Clean-up has begun! The garage is painted white, a dumpster was present on site and the debris was being sorted into piles for recycling. Kurt Glaser s office is working on charges against her; history of animal neglect. 5/23/18 Property owner needs to reply by June 8 th or citation will be sent. 225 th Ave, 8565 Sandra Landru /13/18 Living in pole barn 6/4/18 Received anonymous text and pictures; health & safety issue Birchwood Ln Irene Veit /16/18 Will have Andy evaluate as hazardous building Barn is dilapidated, unsafe, an eyesore, full of trash, attracting rodents and is dangerous to kids in neighborhood. Liz Andy Liz Andy & Liz Liz Andy/Liz Andy/Liz Code Compliance Issues Resolved Baugh Street, Dubnecay, Rob & Jean /30/18 Outdoor storage does not meet 5-foot setback requirement; items over lot line and mowing as well. 187 th Ave 5980 Tommy Guyer Tommy s Petting Zoo /3/17 8/4/17 No IUP for home business, exotic animals, number of animals per acre 2/2/18 (letter) 5/15/18 Liz Stockman 3/30/17 9/29/17 Liz 4/11/17 CC meeting Following a discussion with Mr. Dubnecay s attorney, the property owner voluntarily moved the picnic tables to comply with the outdoor storage/setback requirements. Site inspection to be completed by Jeff Pilon and Paul Reighard as directed by the CC in May of 2018 to verify number of animals and overall compliance. Liz Liz City of Nowthen June 2018 Code Enforcement Summary Page 2

36 CITY OF NOWTHEN REQUEST FOR COUNCIL ACTION Agenda Item # Department: Road & Bridge TITLE OF ISSUE: 2019 Road Overlay Recommendation Requested Council Meeting Date: June 7/12, 2018 Submitted By: Councilmember Dan Breyen BACKGROUND AND SUPPLEMENTAL INFORMATION: At the May 2018 City Council Workshop, based on findings from the City Engineer, the following roads were recommended for overlays in The total cost would be estimated at $282,000. GARNET STREET (MILLER LAKE ESTATES): Garnet street total length is 3,865. Garnet Street is in decent condition but is showing its age. This segment of road utilizes bituminous curbs and storm sewer for drainage. There is a fairly large bituminous patch on the northern segment of road. It is recommended that a bituminous overlay be constructed to add structural strength and extend the service life. The estimated cost of a 1.5 bituminous overlay is $114,000. KRYPTON STREET: The total length of Krypton Street is 2,100. The rating in 2008 was 67 and the rating in 2015 was 56. There are areas of pavement failures that indicate inadequate structural strength. The recommended rehabilitation is to patch the failed areas and construct a 2 overlay. The estimated cost for the patching and construction of an overlay is $120, TH AVENUE (PRAIRIE BROOK ESTATES): 218th avenue total length is 1, th Avenue is structurally sound but is exhibiting medium severity exposed aggregate. The recommend treatment method is to construct a bituminous overlay. The estimated cost for a 1.5 bituminous overlay is $48,000. It was recommended to perform the work using a 50% assessment. SOURCE OF FUNDING: Road Improvement Fund & Assessments REQUESTED COUNCIL ACTION: I move to have the City Engineer prepare Feasibility Studies for these projects using a 50% Assessment value. For Clerk s Use: Motion By: Second By: Vote Record: Aye Nay Pilon Bettinger Breyen Rainville Reighard Administration Department Use: Consent Regular SUPPORTED DOCUMENTS ATTACHED Resolution Ordinance Contract Minutes Plan Map Other (specify) Refer to: Tabled Until: Other:

37 CITY OF NOWTHEN REQUEST FOR COUNCIL ACTION Agenda Item # Department: Road & Bridge Requested Council Meeting Date: June 7/12, 2018 TITLE OF ISSUE: Recommendation from Road and Bridge Committee of a 5 Yr. Road Improvement Plan Submitted By: Councilmember Dan Breyen BACKGROUND AND SUPPLEMENTAL INFORMATION: At the May 2018 Road and Bridge Meeting, the committee, based on the City Engineer s findings, recommended the following for an updated 5 year plan for overlays and road repairs Garnet St (Miller Lake Estates), Krypton & 218 th Estimate $282K 2020 Rolling Hills, Meadows of Verde Valley & Morton Farms Estimate $297K 2021 ½ Rogers Lake area Estimate $400K 2022 Second ½ Rogers Lake area & Garnet Estimate $432K th Ave, Clifton Ave, 187 th Ave, and 184 th & Tiger Estimate $430K See attached map from Shane with the areas and estimates. SOURCE OF FUNDING: Road Improvement Fund REQUESTED COUNCIL ACTION: Motion to accept the updated 5Yr plan for Bituminous Road Repairs. For Clerk s Use: Motion By: Second By: Vote Record: Aye Nay Pilon Bettinger Breyen Rainville Reighard Administration Department Use: Consent Regular SUPPORTED DOCUMENTS ATTACHED Resolution Ordinance Contract Minutes Plan Map Other (specify) Refer to: Tabled Until: Other:

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46 CITY OF NOWTHEN REQUEST FOR COUNCIL ACTION Agenda Item # Department: Administration Requested Council Meeting Date: June 7 th and June 12 th, 2017 Submitted By: Corrie LaDoucer TITLE OF ISSUE: Approve the two (2) - 1 Day to 4 Day Temporary On-Sale Liquor License for the Ramsey Lions Club BACKGROUND AND SUPPLEMENTAL INFORMATION: The Ramsey Lions annually sells alcohol at the Nowthen Threshing Show. This year s Threshing Show will take place August 17, 18 & 19, The Ramsey Lions have submitted an application and are requesting approval of the 1 Day to 4 Day Temporary On-Sale Liquor License. The Ramsey Lions have also submitted an application and are requesting approval of a 1 Day to 4 Day Temporary On-Sale Liquor License to sell liquor at the 5 th Annual Charity Car Show at Lakeside Cabinets on Saturday, September 22, SOURCE OF FUNDING: Not applicable REQUESTED COUNCIL ACTION: I request the City Council approve the 1 Day to 4 Day Temporary Liquor License for the Ramsey Lions to sell alcohol during the Threshing Show Event held August 17 th, 18 th & 19 th, 2018 and to approve the 1 Day to 4 Day Temporary Liquor License to sell alcohol during the Charity Car Show held September 22, For Clerk s Use: Motion By: Second By: Vote Record: Aye Nay Pilon Bettinger Breyen Rainville Reighard Administration Department Use: Consent Regular SUPPORTED DOCUMENTS ATTACHED Resolution Ordinance Contract Minutes Plan Map Other (specify) Refer to: Tabled Until: Other:

47 CITY OF NOWTHEN REQUEST FOR COUNCIL ACTION Agenda Item # Department: Administration TITLE OF ISSUE: Approve Liquor License Renewal Applications Requested Council Meeting Date: June 7 th & June 12, 2018 BACKGROUND AND SUPPLEMENTAL INFORMATION: Submitted By: Corrie LaDoucer A background check has been completed and passed for the following establishments: Rademacher Companies (Bill s Superette) Gregory Fix (Bootleggers Saloon & Eatery) Kevin Riley (Northwoods Bar & Grill) Kevin Riley (Burns Bottle Shop) SOURCE OF FUNDING: Not applicable REQUESTED COUNCIL ACTION: I request the City Council approve the liquor license applications for Rademacher Companies (Bill s Superette), Gregory Fix (Bootleggers Saloon & Eatery) and Kevin Riley (Northwoods Bar & Grill and Burns Bottle Shop) and to approve the new Sunday Off-Sale Liquor License request for Burns Bottle Shop for the term of July 1, 2018 to June 30, For Clerk s Use: Motion By: Second By: Vote Record: Aye Nay Pilon Bettinger Breyen Rainville Reighard Administration Department Use: Consent Regular SUPPORTED DOCUMENTS ATTACHED Resolution Ordinance Contract Minutes Plan Map X Other (specify) M.S. 340A.504, subdivision 4 amendment Refer to: Tabled Until: Other:

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57 CITY OF NOWTHEN REQUEST FOR COUNCIL ACTION Agenda Item # Department: Administration Requested Council Meeting Date: June 7 th & June 12 th, 2018 TITLE OF ISSUE: Approval to send Ellen to the 2018 Clerk s Orientation Conference BACKGROUND AND SUPPLEMENTAL INFORMATION: Submitted By: Corrie LaDoucer The Clerk s Orientation Conference is a great way to learn the multiple roles of a City Clerk. Ellen s attendance would teach her the many aspects of the position such as the Open Meeting Law, data practices, internal controls, etc. This would be beneficial in helping me manage the day to day operations of the City. The Conference is held in St. Cloud this year June 20 th - June 22 th. The cost to attend the conference is $275. In speaking with Ellen she would like drive back and forth on Wednesday-Thursday and stay at a hotel on Thursday night. Mileage reimbursement would apply in this situation, as well as hotel reservation approval. SOURCE OF FUNDING: General Fund Dues, Subscriptions, Seminars - $7,500 was budgeted for such purposes REQUESTED COUNCIL ACTION: I request Council approval to send Ellen to the Clerk s Orientation Conference in St. Cloud June 20 th June 22 nd and to reimburse her mileage (current IRS rate is 54.5 cents) to and from the conference, parking fees and approve one night stay at a hotel. For Clerk s Use: Motion By: Second By: Vote Record: Aye Nay Pilon Bettinger Breyen Rainville Reighard Administration Department Use: Consent Regular SUPPORTED DOCUMENTS ATTACHED Resolution Ordinance Contract Minutes Plan Map Other (specify) Clerk s Orientation Conference Agenda Refer to: Tabled Until: Other:

58 CITY OF NOWTHEN REQUEST FOR COUNCIL ACTION Agenda Item # Department: Administration TITLE OF ISSUE: Copy Machine Upgrade Requested Council Meeting Date: June 7 th & June 12 th, 2018 Submitted By: Corrie LaDoucer BACKGROUND AND SUPPLEMENTAL INFORMATION: We currently have a contract with Metro Sales that will end March of Our current copier has been experiencing a lot of problems lately. The service with Metro Sales has been phenomenal every time we call for service and they are usually out within a couple of hours of our service call. I feel there is a need to upgrade our current copier. I have met with Brandon Rolloff our sales rep with Metro Sales and we discussed copier options and new upgraded features. After doing some calculations and monthly averages he has presented me with an option of a new copier and maintenance contract. This new solution would essentially save an estimated $ per month (based on estimates of usage over the previous 12 months). This solution also includes a maintenance agreement with City owned copier currently in my office. SOURCE OF FUNDING: No change of current funding source of General Fund/Repair Maintenance Contractual REQUESTED COUNCIL ACTION: I request the City Council approve upgrading the current copier to a RICOH MP C4504EX with a 5 year lease. For Clerk s Use: Motion By: Second By: Vote Record: Aye Nay Pilon Bettinger Breyen Rainville Reighard Administration Department Use: Consent Regular SUPPORTED DOCUMENTS ATTACHED Resolution Ordinance Contract Minutes Plan Map Other (specify) Refer to: Tabled Until: Other:

59 CITY OF NOWTHEN REQUEST FOR COUNCIL ACTION Agenda Item # Consent Items Department: Administration & Maintenance Requested Council Meeting Date: June 7 & 12, 2018 Submitted By: Therese Copeland, Nowthen Heritage Festival TITLE OF ISSUE: Monetary and labor donation to the September 22, 2018 Nowthen Heritage Festival BACKGROUND AND SUPPLEMENTAL INFORMATION: The Nowthen Heritage Festival Volunteer Committee will host the 11 th annual festival on Saturday, September 22, The Festival is the largest event held in the city for the sole purpose of creating a day filled with activities that bring community members together in one place to Celebrate Community Family and Friends. The committee members and volunteers put in over 3,000 hours to provide a full day of fun for the residents. Our work allows us to offer free admission, parking, numerous children s activities, rides and games, demonstrations by local Public Safety Officials, displays at City Hall, music all day long and Fireworks with beverages and popcorn. Attendees can choose to eat at the Pancake Breakfast, a free will donation, shop the Arts and Crafts Vendors or join us for a Texas Roadhouse Dinner. The Committee respectfully requests participation by the City of Nowthen in the form of a monetary contribution and covering the cost of assistance of city staff. The areas of employee assistance are the Maintenance Department assisting with Park set up and tear down and Administrative staff representing the City at the Business Expo. The Festival Committee will provide the following: larger waste baskets at the bathrooms, cordon off the ice surfaces and warming house, move picnic tables and soccer nets and will return them to their original location. We will also request of the staff at Bar None Ranch to weed whip the area around all buildings and fence line. Participation of the Nowthen Fire Department is to be determined and will be addressed in a later Request for Council Action. SOURCE OF FUNDING: 1. General Fund-Donations May 4, 2018 balance of $3, $ $ from General Fund-Road and Bridge Administration-Wages; May 4, 2018 balance of $85, Amount is based on approximately 10 total hours. 3. $ $ from General Fund-Office Administration-Wages; May 4, 2018 balance of $124, Amount is based on five hours and will be determined by which employee participates and whether they flex their hours or request overtime. 1

60 REQUESTED COUNCIL ACTION: That the Council approves both a monetary donation of $2, and an amount not to exceed $ in labor expenses to cover the cost of work performed by the Maintenance and Office staff. In addition to the above costs the City has already agreed to waive park rental fees of $1, The monies requested or fees waived will not obligate the City to additional costs or loss of revenue as the labor rates are included in the approved budget and the rental fees were not included in budgeted revenues. The Maintenance staff will be asked to perform tasks similar to those which have been requested over the past ten years. In addition to their normal work assignments of cleaning and stocking the lavatories, emptying garbage containers, mowing the park grounds and ball fields the Festival Committee is requesting staff perform the following: 1. Move two (2) blue bleachers from the baseball field to the western edge of the playground, facing them to the west and returning them to their original location. (3 hours total) 2. Move one (1) silver bleacher from the softball field to the south edge of the pavilion concrete, facing it to the north and returning it to its original location (1 hour total) 3. Move one (1) silver bleacher from the softball field farther down the first base line facing it to the east and returning it to its original location (1 hour total) 4. Move three (3) disc golf baskets from the maintenance garage to the home base area of the softball field and returning them to their original location (4 hours total) 5. Request the current vendor to cut/mow the empty lot across from the Fire Station and Recycle Center during the period of September 16 20, (1/4 hour total) 6. Post the Recycle Center as being closed Saturday, September 22, (1/4 hour total) The Administrative staff will be asked to staff the Business Expo for five (5) hours, 9:30 2:30, as the Expo runs 10:00 2:00. The Council will allow the City Clerk to determine which staff member will represent the City and whether staff would flex their hours or request overtime. Staff is to determine the appropriate materials/handouts for use in the booth. For Clerk s Use: Motion By: Second By: Vote Record: Aye Nay Pilon Bettinger Breyen Rainville Reighard Administration Department Use: Consent Regular SUPPORTED DOCUMENTS ATTACHED Resolution Ordinance Contract Minutes Plan Map Other (specify) Refer to: Tabled Until: Other: 2

61 CITY OF NOWTHEN REQUEST FOR COUNCIL ACTION Agenda Item # Department: Administration TITLE OF ISSUE: Alexandra House Donation Request Requested Council Meeting Date: June 7 th & June 12 th, 2018 BACKGROUND AND SUPPLEMENTAL INFORMATION: Submitted By: Corrie LaDoucer Alexandra House respectfully requests that the City of Nowthen allocate funds to support services to be provided to Nowthen residents by the Alexandra House Community Program in Alexandra House responds 24/7 to calls from the Anoka County Sheriff s Office and Mercy Hospital-Unity Campus as part of your community s public safety and public health infrastructure. The need for our services continues to grow. According to the 2015 Wilder Research Minnesota Homeless Study there was a 15% increase from 2012 in the number of people in domestic violence shelters. Each year, we assist victims of domestic and sexual violence in the City of Nowthen and we are the only agency providing these services in Anoka County. We help your residents with their immediate crisis and safety needs and assist them in moving beyond the violence to achieve long-term safety and independence. While our services are free to those we serve; they are not without costs. The attached/enclosed budget document details services provided to Nowthen residents, the cost to provide these services, and the unsecured revenue we need to fully fund those services. You may be aware that Greater Twin Cities United Way eliminated over $4 million dollars in annual funding for domestic violence services this past year. For Alexandra House, this meant a $238,000 loss in funding for our Community Program services. Please do not hesitate to contact me if you have any questions. I would welcome the opportunity to attend a city council meeting to discuss this funding request and respond to any questions you may have. Thank you very much for your consideration. Connie Moore SOURCE OF FUNDING: General Fund/Donations REQUESTED COUNCIL ACTION: Request the City Council approve a Donation to Alexandra House for 2019.

62 For Clerk s Use: Motion By: Second By: Vote Record: Aye Nay Pilon Bettinger Breyen Rainville Reighard Administration Department Use: Consent Regular SUPPORTED DOCUMENTS ATTACHED Resolution Ordinance Contract Minutes Plan Map Other (specify) Refer to: Tabled Until: Other:

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