Nowthen City Council meeting, September 8, 2020

City Council

Tuesday, September 8, 2020 · 7:00 PM

This meeting on the city's website ↗

Agenda

Not on file

What was on the agenda.

Packet

Not on file

The supporting materials the board reviewed.

Minutes

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The official record of what happened.

One-line summary

The council approved the amended agenda and consent agenda, denied Carr's Tree Service's CUP, approved Breyen's Bend with conditions, carried a Lindberg amendment with driveway and occupancy conditions, changed public hearing notice procedures, and agreed that workshops will be recorded in the future.

What was on the agenda

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

1Call to Order / amended agenda
Meeting called to order and the agenda was amended and approved.
The council amended the agenda before approving it. Rainville removed the VOA/Crossroads School Greenhouse CUP and variance update because the applicant pulled it and moved RCA-Public Hearing Notices to Council Items b; Breyen added the 2021 Budget and Levy and workshop recording discussion; and Mayor Pilon pulled the Constitution Week Proclamation for reading and added a 'For the Good of the Group' informational section.
- agenda approval
Approved
p. 1p. 1
2aPrior meeting minutes
Approve City Council Special Meeting Minutes of 07-27-2020, City Council Workshop Minutes of 08-06-2020, and City Council Meeting Minutes of 08-10-2020.
The council approved the amended consent agenda, including prior meeting minutes, the treasurer's report and claims, the Constitution Week Proclamation, the Alexandra House donation request, Domestic Violence Awareness Month, appointment of election judges, and acceptance of CARES Act funds. Mayor Pilon then read the Constitution Week Proclamation.
Approved as part of the consent agenda as amended.
- consent agenda
- minutes
Consent calendar
p. 1p. 1
2bFinancial Report
Approve Treasurer's Report and claims dated August 5, 2020 through September 2, 2020.
The council approved the amended consent agenda, including prior meeting minutes, the treasurer's report and claims, the Constitution Week Proclamation, the Alexandra House donation request, Domestic Violence Awareness Month, appointment of election judges, and acceptance of CARES Act funds. Mayor Pilon then read the Constitution Week Proclamation.
Approved as part of the consent agenda as amended; no dollar amounts were included in the minutes excerpt.
- consent agenda
- claims
- treasurer report
Consent calendar
p. 1p. 1
2cConstitution Week Proclamation
Constitution Week Proclamation.
The council approved the amended consent agenda, including prior meeting minutes, the treasurer's report and claims, the Constitution Week Proclamation, the Alexandra House donation request, Domestic Violence Awareness Month, appointment of election judges, and acceptance of CARES Act funds. Mayor Pilon then read the Constitution Week Proclamation.
Approved as part of the consent agenda as amended, and Mayor Pilon read the proclamation.
- consent agenda
- proclamation
Consent calendar
p. 1p. 1
2dDonation Request - Alexandra House
Donation Request - Alexandra House.
The council approved the amended consent agenda, including prior meeting minutes, the treasurer's report and claims, the Constitution Week Proclamation, the Alexandra House donation request, Domestic Violence Awareness Month, appointment of election judges, and acceptance of CARES Act funds. Mayor Pilon then read the Constitution Week Proclamation.
Approved as part of the consent agenda as amended; no dollar amount was included in the minutes excerpt.
- consent agenda
- donation
Consent calendar
p. 1p. 1
2eDomestic Violence Awareness Month
Domestic Violence Awareness Month - October.
The council approved the amended consent agenda, including prior meeting minutes, the treasurer's report and claims, the Constitution Week Proclamation, the Alexandra House donation request, Domestic Violence Awareness Month, appointment of election judges, and acceptance of CARES Act funds. Mayor Pilon then read the Constitution Week Proclamation.
Approved as part of the consent agenda as amended.
- consent agenda
- proclamation
Consent calendar
p. 1p. 1
2fResolution 2020-50 appointing election judges
Resolution 2020-50 appointing election judges for the 2020 General Election.
The council approved the amended consent agenda, including prior meeting minutes, the treasurer's report and claims, the Constitution Week Proclamation, the Alexandra House donation request, Domestic Violence Awareness Month, appointment of election judges, and acceptance of CARES Act funds. Mayor Pilon then read the Constitution Week Proclamation.
Approved as part of the consent agenda as amended.
- consent agenda
- elections
Consent calendar
p. 1p. 1
2gResolution 2020-51 accepting CARES Act funds
Resolution 2020-51 accepting CARES Act funds.
The council approved the amended consent agenda, including prior meeting minutes, the treasurer's report and claims, the Constitution Week Proclamation, the Alexandra House donation request, Domestic Violence Awareness Month, appointment of election judges, and acceptance of CARES Act funds. Mayor Pilon then read the Constitution Week Proclamation.
Approved as part of the consent agenda as amended; no dollar amount was included in the minutes excerpt.
- consent agenda
- CARES Act
Consent calendar
p. 1p. 1
2hRCA-Public Hearing Notices
RCA-Public Hearing Notices was listed in the consent agenda, but the agenda amendment moved it to Council Items b.
Moved from the consent agenda to Council Items b before action.
- public hearing notices
- agenda amendment
No action
p. 1p. 1
3Floor Items
No floor items were presented.
No floor items were presented.
- floor items
No action
p. 1
4Sheriff's Report
Commander Heath gave the Sheriff's Report, including calls for service and incidents at Twin Lakes Park and Bar None.
Commander Heath reported that August 2020 calls for service were still being tabulated and were almost at 188, described vehicle break-ins at Twin Lakes Park, and summarized serious incidents at Bar None involving juvenile arrests and assault. Mayor Pilon said conditions at the facility were different from when it started and wanted to work with the Sheriff's Department and staff to put together a packet.
Report and discussion only; no motion recorded.
- sheriff report
- Bar None
- Twin Lakes Park
Discussion only
p. 1p. 2
5aCarr's Tree Service CUP
Carr's Tree Service CUP continued from August 10, 2020.
The council considered Carr's Tree Service's conditional use application for a public utility building and equipment storage in the RRA zoning district, including discussion of whether logs, brush, trees, or wood chips could be stored on the site. The council carried a motion to deny the application based on the planner's findings and the Planning & Zoning Commission recommendation, with Breyen and Blake voting no.
The motion to deny carried.
- Carr's Tree Service CUP
Denied
p. 2p. 3
5bBreyen's Bend Preliminary Plat & Variance
Breyen's Bend preliminary plat, variance, and grading permit.
The council approved the Breyen's Bend preliminary plat and grading permit, while removing variance language for 24- and 22-foot street widths. The approval required city attorney and city engineer approval, and it prohibited grading along St Francis Blvd without prior approval from the State of Minnesota.
Approved with conditions for city attorney and city engineer approval and state approval before grading along St Francis Blvd.
- Breyen's Bend
- preliminary plat
- variance
- grading permit
Approved with conditions
p. 3p. 3
5cLindberg Lot Split & CUP
Lindberg lot split and CUP.
The council discussed the Lindberg three-lot subdivision and CUP to defer street construction requirements. After an initial motion failed for discussion, Breyen amended his motion to remove landscaping conditions, deed-restrict Parcel 1 until the driveway is moved, withhold a certificate of occupancy, and authorize staff to work with Mr. Lindberg and the property owner toward an agreeable realignment solution; that amendment carried unanimously.
An amendment adding driveway, certificate-of-occupancy, and staff coordination conditions carried; the minutes do not show a separate final vote on the underlying application after the amendment.
- Lindberg lot split
- conditional use permit
Approved with conditions
p. 3p. 3
5dCity Code Updates
City Code Updates discussion only.
The council discussed proposed code revisions, including the RRT District, buildability, erosion control, front yard setbacks, and trail dedication fees. Stockman said she would provide topics and examples for a workshop before the October Planning & Zoning meeting, and Pilon said she could put information in writing and send it to council members.
Discussion only; no motion recorded.
- city code updates
Discussion only
p. 3p. 4
5d-removedVOA/Crossroads School Greenhouse - CUP & Variance Update
VOA/Crossroads School Greenhouse CUP and variance update was removed because the application was pulled by the applicant.
The VOA/Crossroads School Greenhouse CUP and variance update was removed from the agenda because the applicant pulled the application.
Removed from the agenda because the application was pulled by the applicant.
- VOA/Crossroads School Greenhouse
Withdrawn
p. 1
added-2021-budget-levy2021 Budget and Levy
Approval of the 2021 Budget and Levy was added to the agenda but no later discussion or action was recorded in the minutes.
Breyen added approval of the 2021 Budget and Levy to the agenda, noting that it had been on the previous agenda, but the minutes do not record any later discussion, motion, vote, or dollar amount for it.
Added to the agenda, but no separate discussion, motion, or vote is recorded in the minutes provided.
- 2021 budget and levy
No action
p. 1
6aWorkshop Recording Discussion
Workshop recording discussion.
The council discussed whether workshops must be recorded. Breyen said no statute or city policy requires recording workshops because motions are typically not made there, and Pilon said statutes require minutes but not recordings; the minutes then state that workshops will be recorded in the future.
The minutes state that workshops will be recorded in the future, but no formal motion is recorded.
- workshop recordings
Approved
p. 4p. 4
6bRCA-Public Hearing Notices
RCA-Public Hearing Notices.
The council considered Rainville's revised RCA for public hearing notices, including website posting and a tracking format. The motion directed the city clerk to institute recommendations 1A, 1B, and 1C and develop a tracking format; it carried with Breyen voting no.
Motion carried with Breyen recorded as opposed.
- public hearing notices
Approved
p. 4p. 4
7aFire Department ID Number
For the Good of the Group: Fire Department ID Number and consultant meeting.
Under 'For the Good of the Group,' the council noted that the city now has a Fire Department ID Number and that Pilon and Breyen would meet with the consultant on Wednesday or Thursday night.
Informational update only; no motion recorded.
- fire department
Discussion only
p. 4
7bInternet services update
For the Good of the Group: internet services update.
The council received an informational update that efforts were continuing to obtain internet services, with current focus on the southwest portion of the city and work with Comcast, Arvig, Minco, and Spacex to get proposals.
Informational update only; no motion recorded.
- internet service
Discussion only
p. 5
7cAttorney invoice charge clarification
For the Good of the Group: attorney invoice charge clarification.
Staff questioned a charge on the August attorney invoice for speaking with 'staff.' The clarification was that the attorney had spoken with his internal staff, not city staff.
Informational clarification only; no motion recorded.
- attorney invoice
Discussion only
p. 5
8Adjourn
Meeting adjourned at 9:15 PM.
The council adjourned the meeting at 9:15 PM after a motion by Breyen, seconded by Rainville, carried unanimously.
Motion to adjourn carried.
- adjournment
Approved
p. 5

Motions and votes

8 motions on the record. Split votes are highlighted.

M1MOTION TO APPROVE THE AMENDED AGENDA BY RAINVILLE, SECONDED BY PILON; ALL IN FAVOR, MOTION CARRIED.
moved by Rainville, seconded by Pilon
Passed
- YBlake
- YBreyen
- YRainville
- YPilon
- YGreenberg
p. 1p. 1
M2MOTION TO APPROVE THE CONSENT AGENDA AS AMENDED BY BREYEN, SECONDED BY RAINVILLE; ALL IN FAVOR, MOTION CARRIED.
moved by Breyen, seconded by Rainville
Passed
- YBlake
- YBreyen
- YRainville
- YPilon
- YGreenberg
p. 1p. 1
M3MOTION BY COUNCIL MEMBER RAINVILLE TO DENY CARR'S TREE SERVICE CONDITIONAL USE APPLICATION FOR PID 32-33-25-43-000 REQUESTING THE ESTABLISHMENT OF A PUBLIC UTILITY BUILDING AND STORAGE OF EQUIPMENT IN THE RRA ZONING DISTRICT BASED ON THE FINDINGS OF THE CITY PLANNER AND RECOMMENDATIONS FROM THE PLANNING & ZONING COMMISSION, SECONDED BY PILON; GREENBERG IN FAVOR, BREYEN & BLAKE DENIED, MOTION CARRIED.
moved by Rainville, seconded by Pilon
PassedSplit vote
- YRainville
- YPilon
- YGreenberg
- NBreyen
- NBlake
p. 3
M4MOTION BY BREYEN TO REMOVE THE LANGUAGE ON THE VARIANCE FOR 24 & 22 FOOT STREET WIDTHS, KNOWING WE ARE DEALING WITH A 32 FOOT TOP AND WE'VE BEEN PRACTICING THOSE WIDTHS SINCE 1999, APPROVE THE PRELIMINARY PLAT AS WELL AS THE GRADING PERMIT UPON APPROVAL OF THE CITY ATTORNEY & CITY ENGINEER, AND NO GRADING WILL BE ALLOWED ALONG ST FRANCIS BLVD WITHOUT PRIOR APPROVAL FROM THE STATE OF MINNESOTA SECONDED BY BLAKE; ALL IN FAVOR, MOTION CARRIED.
moved by Breyen, seconded by Blake
Passed
- YBlake
- YBreyen
- YRainville
- YPilon
- YGreenberg
p. 3p. 1
M5MOTION BY BREYEN TO APPROVE THE THREE LOT SUBDIVISION AND CONDITIONAL USE PERMIT TO ALLOW DEFERRAL OF STREET CONSTRUCTION REQUIREMENTS, PID 09-33-25-14-0001 BASED ON THE FINDINGS AND FACTS, SECONDED BY GREENBERG; MOTION FAILED FOR DISCUSSION.
moved by Breyen, seconded by Greenberg
Failed
MOTION FAILED FOR DISCUSSION.
p. 3
M6MOTION BY BREYEN TO AMEND HIS MOTION AND REMOVE THE CONDITIONS OF LANDSCAPING AND INCLUDE THAT PARCEL 1 WOULD BE DEED RESTRICTED UNTIL THE DRIVEWAY IS MOVED, A CERTIFICATE OF OCCUPANCY WILL NOT BE ISSUED, AND COUNCIL AUTHORIZES CITY STAFF TO WORK WITH MR. LINDBERG AND THE PROPERTY OWNER TO COME UP WITH AN AGREEABLE SOLUTION TO BOTH PARTIES, WITH THE INTENT ON REALIGNING THE INTERSECTION, SECONDED BY GREENBERG; ALL IN FAVOR, MOTION CARRIED.
moved by Breyen, seconded by Greenberg
Passed
- YBlake
- YBreyen
- YRainville
- YPilon
- YGreenberg
p. 3p. 1
M7MOTION TO DIRECT THE CITY CLERK TO INSTITUTE THE RECOMMENDATIONS AND FOLLOW 1A. 1B. 1C. AND DEVELOP A TRACKING FORMAT TO ASSURE THE STEPS ARE COMPLETE BY RAINVILLE, SECONDED BY BLAKE; GREENBERG, PILON APPROVED, BREYEN DENIED, MOTION CARRIED.
moved by Rainville, seconded by Blake
PassedSplit vote
- YRainville
- YBlake
- YGreenberg
- YPilon
- NBreyen
p. 4
M8MOTION TO ADJOURN AT 9:15 PM BY BREYEN, SECONDED BY RAINVILLE; ALL IN FAVOR, MOTION CARRIED.
moved by Breyen, seconded by Rainville
Passed
- YBlake
- YBreyen
- YRainville
- YPilon
- YGreenberg
p. 5p. 1

Prior history on this business

When someone referred back to earlier business, we found the matching prior discussion and tied it in here.

Council Member Breyen amended the agenda to add the approval of the 2021 Budget and Levy, and add under Council Discussion a) Workshop recording discussion, which were on the previous agenda.
— Breyen
What this is about
Breyen said the 2021 Budget and Levy and workshop recording discussion had been on the previous agenda, which may help locate the prior meeting context.
p. 1
Related history
The records I searched do not contain the prior agenda or meeting context matching Council Member Breyen’s recollection that the “2021 Budget and Levy” and a “Workshop recording discussion” had been on the previous agenda. The search results do include later budget-and-levy items, such as adoption of the 2025 levy payable in 2026 at the January 13, 2026 meeting, but those are not the 2021 Budget and Levy and do not mention a workshop recording discussion.
- Jan 13, 2026COUNCIL MEMBER RAINVILLE, COUNCIL MEMBER SWENSON, MAYOR HYBBEN, COUNCIL MEMBER BREYEN. 1 NAY - COUNCIL MEMBER GLASER. MO
- Jan 13, 2026### 3. PUBLIC HEARING ON BUDGET AND PROPERTY TAXES Financial Consultant Yager presented the 2026 budget and levy proposa
- Feb 10, 2026<figure> CITY OF NOWTHEN </figure> ## REQUEST FOR COUNCIL ACTION <table> <tr> <th>Agenda Item:</th> <th>Department:</th>
- Apr 14, 2026### TITLE OF ISSUE: Approval of Resolution 2026-XX Amending 2025 Budget BACKGROUND AND SUPPLEMENTAL INFORMATION: The Cit
- Apr 14, 2026Council Member Breyen asked if there was a different category for the budget for this expense, rather than the contingen
Mayor Pilon said that the conditions in which they are operating are quite different from when they started. Staff at the County have been able to pull up building agreements. With Council's permission he would like to work with the Sheriffs Department and staff and put together a packet.
— Pilon
What this is about
Pilon referred to earlier conditions and county building agreements related to Bar None, suggesting past approvals or agreements should be reviewed.
p. 2
Related history
The records show a partial match. Recent council packet materials and Sheriff’s Office reports document that Bar None’s current operations and public-safety impacts were being reviewed in 2026, but the search results do not include the earlier county building agreements Mayor Pilon referenced or a prior city approval/vote tied to those agreements. At the April 28, 2026 meeting packet, materials for an amended conditional use permit stated that Bar None’s use had changed to residential treatment and support programs for children and adolescents experiencing mental-health crises or complex behavioral-health challenges. The packet also noted that Bar None was licensed by DHS as a Children’s Residential Facility, with an initial effective date of July 1, 2005, last renewed or updated January 1, 2026, and licensed for 40 residents. The Sheriff’s reports in the January through May 2026 packets show the concern prompting review: at the January 13, 2026 meeting packet, the Sheriff’s materials reported 116 Bar None calls for service in 2025, up 16% from 2024, and a separate 2025 arrest summary showed 119 of 159 arrests, or 75%, were Bar None arrests. Monthly reports at the February 10, March 10, April 14, and May 12, 2026 meetings continued listing Bar None calls involving assaults, disorderly conduct, mental-health calls, fire alarms, and juvenile arrests.
- Jan 13, 2026<figure> NOWTHEN ARRESTS 2025 Bar None Arrests Non Bar None Arrests 25% 75% </figure> Data was taken from our Arrest mod
- Feb 10, 2026New Firefighters Dan Bixby, Avery Mortenson, Brittni Nelson, Luke Oberleitner This page was left intentionally blank. <!
- Jan 13, 2026CITY OF NOWTHEN By: SHANE D. HYBBEN Its Mayor ATTEST By: NATALIE JOHNSON Its City Clerk Opening Mr. Mayor, members of th
- Jan 13, 2026### A RESOLUTION MAKING ANNUAL APPOINTMENTS WHEREAS, The Nowthen City Council makes its annual appointments to fill cert
- May 12, 2026This page was left intentionally blank. <!-- PageNumber="201" --
MOTION BY BREYEN TO REMOVE THE LANGUAGE ON THE VARIANCE FOR 24 & 22 FOOT STREET WIDTHS, KNOWING WE ARE DEALING WITH A 32 FOOT TOP AND WE'VE BEEN PRACTICING THOSE WIDTHS SINCE 1999, APPROVE THE PRELIMINARY PLAT AS WELL AS THE GRADING PERMIT UPON APPROVAL OF THE CITY ATTORNEY & CITY ENGINEER, AND NO GRADING WILL BE ALLOWED ALONG ST FRANCIS BLVD WITHOUT PRIOR APPROVAL FROM THE STATE OF MINNESOTA SECONDED BY BLAKE; ALL IN FAVOR, MOTION CARRIED.
— Breyen
What this is about
Breyen referenced city practice since 1999 on street widths while discussing the Breyen's Bend variance.
p. 3
Related history
The records I searched do not contain a prior decision or discussion matching Council Member Breyen’s recollection that the city has practiced 24-foot and 22-foot street widths since 1999, nor do they show a prior Breyen’s Bend street-width variance action. The search results mainly returned unrelated 2026 items, including other motions by Council Member Breyen and other development approvals, but nothing documenting the 1999 practice or a formal policy/variance decision on those street widths.
- Apr 14, 2026### Accessories (Sold Separately) <table> <tr> <th>ORDER CODE</th> <th>MODEL NUMBER</th> <th>DESCRIPTION</th> <th>IMAGE<
- Apr 14, 2026MOTION BY COUNCIL MEMBER GLASER, SECONDED BY COUNCIL MEMBER RAINVILLE, TO APPROVE RESOLUTION 2026-41 REPLACING THE OVERH
- Mar 10, 2026MOTION BY COUNCIL MEMBER GLASER, SECONDED BY COUNCIL MEMBER RAINVILLE, TO APPROVE RESOLUTION 2026-41 REPLACING THE OVERH
- Feb 10, 2026<figure> CITY OF NOWTHEN </figure> ## REQUEST FOR COUNCIL ACTION <table> <tr> <th>Agenda Item:</th> <th>Department:</th>
- Apr 14, 2026MOTION BY COUNCIL MEMBER BREYEN, SECONDED BY COUNCIL MEMBER RAINVILLE, TO APPROVE THE CONSENT AGENDA AS AMENDED. 5 AYES

Where this came up before

Sources

Documents and recordings archived for this meeting, when available.

Document
Meeting City Council Meeting — Minutes (2020-09-08)
Minutes · Tuesday, September 8, 2020
5 pages

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

What was on the agenda

Motions and votes

Prior history on this business

Related history

Related history

Related history

Where this came up before

Sources