M1MOTION BY COUNCIL MEMBER BREYEN, SECONDED BY RAINVILLE TO APPROVE THE AGENDA AS AMENDED.
moved by Breyen, seconded by Rainville
5 AYES
Tuesday, September 12, 2023 · 7:00 PM
Agenda
Not posted
What was on the agenda.
One-line summary
The council adopted THC, cannabis moratorium, and lawful gambling ordinances; accepted Lions benches; honored Keith Elliott; approved consent contracts and purchases including law enforcement, file scanning, Jasper Street paving, and salt barn paving; hired four firefighters; approved code assessment notices; ordered removal of the Twin Lakes human foosball court; began Bar None compliance action; and continued ice arena lighting to October.
31 items as recorded in the packet and minutes, each with a plain-English summary of what was at issue.
1Call to Order / Approve Agenda
Call to order, Pledge of Allegiance, roll call, and approval of the agenda.
Agenda approved as amended.
2Floor Items
Public floor items.
Sam Corns asked how a resident can be heard by the council when issues with city staff are unresolved and said he believed a code violation had gone unresolved for over a year. Mayor Pilon asked him to send a written statement to Deputy Clerk Johnson so it could be forwarded to council and considered for a possible work session.
Sam Corns spoke about unresolved concerns with a code violation and city staff; no formal action was taken.
3aOrdinance 2023-02
Public hearing on Ordinance 2023-02 regulating tetrahydrocannabinol products.
After a public hearing with no written, public, or council comments, the council adopted Ordinance 2023-02 regulating THC products. The ordinance creates a local licensing system, including a $250 annual THC license fee and administrative penalties for violations.
Public hearing held with no comments; Ordinance 2023-02 adopted together with Ordinance 2023-03.
3bOrdinance 2023-03
Public hearing on Ordinance 2023-03 imposing a cannabis business moratorium.
After a public hearing with no comments, the council adopted Ordinance 2023-03 to authorize a study and impose a moratorium on cannabis businesses while the city waits for state rules and guidance.
Public hearing held with no comments; Ordinance 2023-03 adopted together with Ordinance 2023-02.
4Proclamation for Constitution Week
Proclamation for Constitution Week.
Mayor Pilon read the proclamation; no vote was recorded.
5Bench Presentation from Nowthen Lions
Bench presentation from Nowthen Lions.
The Nowthen Lions presented two Trex benches made from collected plastic bags and soft plastics. The council accepted the donation, with one bench planned for the Recycling Center and one for Memorial Park.
Council accepted two Trex benches donated by the Nowthen Lions.
6Presentation of Fire Department Award to Keith Elliott
Presentation of Fire Department Award to Keith Elliott.
The Fire Department recognized Keith Elliott for calling 911 and using a garden hose to slow a house fire on April 13, 2023. Council approved Resolution 2023-47 and the mayor presented the citizens award.
Council approved Resolution 2023-47 and the award was presented to Keith Elliott.
7aApproval of Prior Meeting Minutes
Approval of prior City Council minutes.
Approved under the consent agenda as amended.
7bClaims and Treasurer's Report
Approval of claims and treasurer's report.
Approved under the consent agenda as amended.
7cResolution 2023-48 Counting Write-In Votes
Resolution 2023-48 for counting write-in votes for local elective office.
Approved under the consent agenda as amended.
7dResolution 2023-49 Election Location
Resolution 2023-49 moving the election location to Nowthen Alliance Church.
As part of the consent agenda, council approved moving both precinct polling places from the Fire Station to Nowthen Alliance Church beginning January 1, 2024, with the church rental capped at $400 for the three 2024 elections.
Approved under the consent agenda as amended.
7eResolution 2023-50 Nowthen Lions Raffle Application
Resolution 2023-50 approving a gambling application for a Nowthen Lions raffle.
Approved under the consent agenda as amended.
7fResolution 2023-51 Anoka County Law Enforcement Contract
Resolution 2023-51 authorizing the 2024 Anoka County law enforcement contract.
Council approved the 2024 Anoka County law enforcement contract on the consent agenda. Later, the sheriff's report noted 130 August calls for service, year-to-date calls above 2022 levels, and continued attention to Bar None, warrants, DWI enforcement, and seasonal deer crashes.
Approved under the consent agenda as amended.
7gResolution 2023-52 Property File Scanning
Resolution 2023-52 approving National Repro Graphics for scanning property files.
Council approved National Repro Graphics to scan remaining property files instead of having staff continue the project in-house, with a not-to-exceed amount of $3,300.
Approved under the consent agenda as amended.
7hResolution 2023-53 Jasper Street Paving
Resolution 2023-53 authorizing paving of repaired areas on Jasper Street.
Council approved the consent agenda item awarding Jasper Street asphalt replacement work to North Valley, Inc. for a not-to-exceed amount of $32,485.50 after staff received two bids.
Approved under the consent agenda as amended.
7iResolution 2023-54 Salt Barn Asphalt Pad
Resolution 2023-54 authorizing North Valley, Inc. to remove and replace the asphalt pad in front of the salt barn.
Council approved the consent agenda item authorizing North Valley, Inc. to complete the 40-by-40-foot asphalt pad in front of the salt barn, with a not-to-exceed amount of $7,200.
Approved under the consent agenda as amended.
7jResolution 2023-56 Ice Arena Lighting
Resolution 2023-56 authorizing Dependable Electric to remove existing arena lights and install seven new lights.
Council Member Breyen pulled the ice arena lighting item from consent for more detail about the lights and possible night-sky impacts. The council continued the item to October and directed staff to bring lighting specifications and confirm ordinance compliance.
Moved from consent to City Council item 13c1 and continued to the October meeting for more lighting information and ordinance review.
7kResolution 2023-57 Donna Ogdahl Resignation
Resolution 2023-57 accepting Donna Ogdahl's resignation.
Approved under the consent agenda as amended.
8Engineering
Engineering.
No engineering items were presented.
9aResolution 2023-55 Hiring Four Firefighters
Resolution 2023-55 authorizing hiring of four firefighters.
Council approved hiring Garrett Reighard, Vincent Dietz, Hailey Artmann, and Andrew Hanks as Nowthen firefighters. The Fire Department also reported 15 August incidents, a 13-minute-19-second average response time, no fire dollar loss, and notable heat-related medical calls and a cut gas line.
Council approved hiring four firefighters; the minutes appear to mis-number the resolution as 2023-53 although the agenda and packet identify it as Resolution 2023-55.
9bFire Department Report
Fire Department report.
Council approved hiring Garrett Reighard, Vincent Dietz, Hailey Artmann, and Andrew Hanks as Nowthen firefighters. The Fire Department also reported 15 August incidents, a 13-minute-19-second average response time, no fire dollar loss, and notable heat-related medical calls and a cut gas line.
Fire Department report received; no vote was recorded.
10Sheriff's Department
Sheriff's Department report.
Council approved the 2024 Anoka County law enforcement contract on the consent agenda. Later, the sheriff's report noted 130 August calls for service, year-to-date calls above 2022 levels, and continued attention to Bar None, warrants, DWI enforcement, and seasonal deer crashes.
Sheriff's report received; no vote was recorded.
11aAssessments
Approve list of residents to receive assessment notices.
Council approved the assessment schedule and mailing notices to five property owners with outstanding code enforcement citation balances totaling $14,200 before administrative fees. Council also asked staff to number future citation lists and to report back about enforcement process options.
Council approved the assessment schedule and mailing assessment notices to five residents with outstanding balances.
12aReminder of Important Dates
Administrator update: important dates.
Important dates were announced; no vote was recorded.
12bProject Manager Update
Project Manager update.
Project Manager hiring status was discussed; no vote was recorded.
12cHuman Foosball Court at Twin Lakes Park
Human Foosball Court at Twin Lakes Park.
Council directed staff to remove the Human Foosball Court at Twin Lakes Park, reuse or sell materials such as fencing where reasonable, and dispose of the rest. The vote was 4-1, with Council Member Breyen opposed.
Council directed staff to remove the Human Foosball Court, reuse or sell salvageable materials, and dispose of the rest.
13A1Ordinance 2023-04 Lawful Gambling
Ordinance 2023-04 authorizing and regulating lawful gambling within the city.
Council adopted Ordinance 2023-04 regulating lawful gambling in Nowthen, including local permit fees, city-administered fund contributions, and trade-area spending requirements. Staff were directed to send certified letters and the executed ordinance to establishments with gambling.
Council adopted Ordinance 2023-04 and directed certified letters to establishments with gambling.
13A2ATV Ordinance Review Update
Set a date for ATV ordinance review update.
Council did not set a date for the ATV ordinance work session. Deputy Johnson was instructed to coordinate with the chief deputy, administrator, and planner and bring back a date; Planner Stockman asked that code enforcement be considered for the work session too.
No date was set; Deputy Johnson was instructed to coordinate a future work session date.
13B1Bar None Compliance
Bar None compliance.
Council authorized the mayor, administrator, and city attorney to work on bringing VOA/Bar None operations into compliance with city regulations or determine steps to compel non-compliant operations to stop. The discussion focused on missing CUP/IUP records, changes in use, and a proposed move of a children's residential treatment program to Nowthen.
Council authorized the mayor, administrator, and city attorney to work on bringing Bar None/VOA operations into compliance or determine steps to compel non-compliant operations to stop, with an initial report expected by October 10.
14Community Update
Community update added to agenda.
Heritage Festival information was announced; no vote was recorded.
AdjournAdjourn
Adjournment.
Meeting adjourned at 9:00 pm; no adjournment motion was recorded in the minutes.
11 motions on the record. Split votes are highlighted.
M1MOTION BY COUNCIL MEMBER BREYEN, SECONDED BY RAINVILLE TO APPROVE THE AGENDA AS AMENDED.
moved by Breyen, seconded by Rainville
5 AYES
M2MOTION BY COUNCIL MEMBER RAINVILLE, SECONDED BY FLADEBO TO ADOPT ORDINANCES 2023-02 AND 2023-03.
moved by Rainville, seconded by Fladebo
5 AYES
M3MOTION BY COUNCIL MEMBER BREYEN, SECONDED BY ALDERS TO ACCEPT THE DONATION OF TWO (2) BENCHES FROM THE NOWTHEN LIONS.
moved by Breyen, seconded by Alders
5 AYES
M4MOTION BY COUNCIL MEMBER RAINVILLE, SECONDED BY BREYEN TO APPROVE RESOLUTION 2023-47 PRESENT THE CITIZENS AWARD TO MR. KEITH ELLIOTT.
moved by Rainville, seconded by Breyen
5 AYES
M5MOTION BY COUNCIL MEMBER BREYEN, SECONDED BY RAINVILLE TO APPROVE THE CONSENT AGENDA AS AMENDED.
moved by Breyen, seconded by Rainville
5 AYES
M6MOTION BY COUNCIL MEMBER RAINVILLE, SECONDED BY BREYEN TO APPROVE RESOLUTION 2023-53 AUTHORIZING THE HIRING OF FOUR (4) FIREFIGHTERS FOR THE NOWTHEN FIRE DEPARTMENT.
moved by Rainville, seconded by Breyen
5 AYES
M7MOTION BY COUNCIL MEMBER RAINVILLE, SECONDED BY FLADEBO TO APPROVE THE ASSESSMENT SCHEULE AND MAILING OF ASSESSMENT NOTICES TO THE FIVE (5) RESIDENTS WITH OUTSTANDING BALANCES OWED TO THE CITY.
moved by Rainville, seconded by Fladebo
5 AYES
M8MOTION BY COUNCIL MEMBER RAINVILLE, SECONDED BY ALDERS TO DIRECT STAFF TO REMOVE THE HUMAN FOOSBALL COURT AT TWIN LAKES. STAFF TO REUSE OR SELL ANY MATERIALS POSSIBLE, SUCH AS THE FENCING AND DISPOSE OF THE REMAINING MATERIALS.
moved by Rainville, seconded by Alders
M9MOTION BY COUNCIL MEMBER RAINVILLE, SECONDED BY FLADEBO TO ADOPT ORDINANCE 2023-04.
moved by Rainville, seconded by Fladebo
5 AYES
M10MOTION BY COUNCIL MEMBER BREYEN SECONDED BY RAINVILLE TO HAVE MAYOR PILON, ADMINISTRATOR LEHNER AND ATTORNEY RUPPE WORK TOGETHTER TO BRING THE VOA/BAR NONE OPERATIONS INTO COMPLIANCE WITH CITY REGULATIONS OR, IF UNABLE TO DO SO, DETERMINE WHAT STEPS WOULD BE REQUIRED TO COMPEL VOA/BAR NONE TO CEASE ALL NON-COMPLIANT OPERATIONS.
moved by Breyen, seconded by Rainville
5 AYES
M11MOTION BY COUNCIL MEMBER RAINVILLE, SECONDED BY FLADEBO TO MOVE THIS ITEM TO THE OCTOBER MEETING WITH STAFF UNDERSTANDING TO BRING LIGHTING INFORMATION AND TO CONFIRM IT MEETS CITY ORDINANCES.
moved by Rainville, seconded by Fladebo
5 AYES
The amounts the council actually voted to approve, each with the vote that approved it. Drawn from the official minutes.
Treasurer report checking account balance
$107,761
Treasurer report PMA Financial CD balance
$2,974,916
Treasurer report money market balance
$369,703
Treasurer report cash total
$3,452,380
Treasurer report outstanding checks
$26,271
Treasurer report adjusted bank total
$3,426,109
Nowthen Alliance Church election rental cap
$400
Law enforcement sworn deputy cost
$266,850
Law enforcement overtime cost
$16,165
Law enforcement P.E.R.A. benefits
$50,094
Law enforcement Medicare cost
$4,104
Law enforcement severance allowance
$7,205
Law enforcement unemployment compensation
$425
Law enforcement life insurance
$106
Law enforcement health insurance
$36,598
Law enforcement dental insurance
$1,338
Law enforcement long term disability insurance
$396
Law enforcement worker's compensation
$2,660
Law enforcement uniforms
$3,024
Law enforcement total benefits
$105,949
Law enforcement total personnel costs
$388,964
Law enforcement police equipped vehicles
$16,500
Law enforcement vehicle maintenance
$16,250
Law enforcement emergency and communications equipment replacement
$13,728
Law enforcement emergency vehicle equipment replacement
$1,000
Law enforcement vehicle insurance
$3,300
Law enforcement cellular telephone
$1,210
Law enforcement total vehicle maintenance costs
$35,488
Law enforcement total vehicle costs
$51,988
Law enforcement PSDS maintenance and APS
$2,578
Law enforcement administrative and clerical costs
$38,896
Law enforcement total administrative costs
$41,474
2024 Anoka County law enforcement contract total cost
$482,426
2024 law enforcement contract net cost
$465,542
National Repro Graphics scanning unit price
$300
National Repro Graphics property file scanning cap
$3,300
Jasper Street Patch A gravel prep
$1,438
Jasper Street Patch A bituminous wear course
$3,272
Jasper Street Patch B gravel prep
$3,960
Jasper Street Patch B bituminous wear course
$23,816
Jasper Street Patch A total
$4,710
Jasper Street Patch B total
$27,776
North Valley Jasper Street asphalt replacement cap
$32,486
North Valley salt shed pad quote
$7,186
North Valley salt barn pad not-to-exceed amount
$7,200
Assessment administrative fee annual rate
$6
Lawful gambling trade area spending requirement
$90
When someone referred back to earlier business, we found the matching prior discussion and tied it in here.
Mr. Ruppe explained the 2023 state legislation regarding hemp and cannabis products use and sales. The legislation does not have regulations in place and will not until January of 2025.
— Mr. Ruppe
What this is about
The city attorney's prior advice and previously scheduled cannabis/THC public hearings from the August 8 meeting may be useful context for Ordinances 2023-02 and 2023-03.
The records I searched do not contain the August 8 discussion, the city attorney’s cannabis/THC advice, any scheduled public hearings, or action on Ordinances 2023-02 and 2023-03. The search results returned only later materials, mainly 2026 legal-services proposal information about Mr. Ruppe and his firm, and a 2026 meeting-date packet. Based on these results, I cannot confirm from the searched records what was scheduled or decided at the August 8 meeting regarding hemp, cannabis, THC products, or the referenced ordinances.
In the past, the city council has had no objection to this temporary gambling license for the Nowthen Lions.
— Staff
What this is about
Nowthen Lions raffle approvals have occurred before and may help interpret Resolution 2023-50.
The records I searched do not contain a prior decision matching the recollection that the City Council previously had “no objection” to a temporary gambling license or raffle approval for the Nowthen Lions, and they do not provide history that would clarify Resolution 2023-50. The search results returned unrelated 2026 packet materials, including resolutions on the farmers market, prosecuting services, hazard mitigation, personnel drug policy, and support for tractor pulls and the Heritage Festival. None reference the Nowthen Lions, a raffle, lawful gambling, or a temporary gambling license.
In reading the October City Council meeting minutes I realized the council, although discussed, neglected to include in the following motion the acceptance from A & B Welding & Construction, Inc. light poles, assistance with their installation and the resetting of a warming house.
— Council Member Mary Rainville
What this is about
The 2017 ice rink lighting and A & B Welding donation history may be relevant to the continued ice arena lighting item.
The records I searched do not contain a prior decision matching this recollection about 2017 ice rink lighting, A & B Welding & Construction, Inc., donated light poles, installation assistance, or resetting a warming house. The search results returned unrelated 2026 materials, including development agreements, subdivision conditions, and a prosecuting services agreement. They do not show the October 2017 minutes, the motion Council Member Rainville is referring to, or any formal vote accepting an A & B Welding donation.
The city has had gambling in establishments for years. Bootleggers has had legal gambling with the Elk River Hockey Association and the city thanks them for always making a contribution to the city each quarter.
— Mayor Pilon
What this is about
Prior lawful gambling activity at local establishments may be relevant to Ordinance 2023-04 implementation.
The records searched show related lawful-gambling regulation, but not the specific history Mayor Pilon described. At the May 12, 2026 meeting, the consent agenda included “Approval of Summary Publication for Ordinance 2023-04 Regulating Conduct of Lawful Gambling.” The provided excerpt does not show a separate discussion, vote breakdown, or any reference to Bootleggers, the Elk River Hockey Association, or quarterly contributions to the City. The packet excerpts also include ordinance language tied to lawful-gambling permit conditions and Minnesota Rule 9810.1500 security requirements, with an ordinance shown as passed by the City Council on October 30, 2025. That is a related regulatory record, but the searched records do not contain a prior decision specifically documenting lawful gambling at Bootleggers or donations from the Elk River Hockey Association.
Over the past 15 years, the trend has been better; however, the city has met with the facility leaders multiple times about having better trained staff and retaining them.
— Planner Stockman
What this is about
Prior city meetings with Bar None facility leaders may be relevant to the Bar None compliance review.
The records searched do not contain a prior city meeting with Bar None facility leaders specifically about improving staff training or staff retention. They do show recent council packet material relevant to the Bar None compliance review: at the April 28, 2026 meeting packet, the city noted that no original CUP or land-use approval had been located, that Anoka County approved a 1984 CUP amendment for a dormitory, and that Bar None’s current DHS license dates to July 1, 2005, was updated January 1, 2026, and covers 40 residents. The records also show repeated Sheriff’s Office reports to council about calls for service at Bar None, but those reports do not document meetings with facility leadership. At the February 10, 2026 meeting, the January report listed 12 Bar None calls; at the March 10, 2026 meeting, the February report listed 9 calls, including one incident where a staff member was injured; at the April 14, 2026 meeting, the March report listed 8 calls; and at the May 12, 2026 meeting, the April report listed 6 calls, including two assaults involving staff. No formal council vote or direction about Bar None staffing, training, or retention was found in these search results.
Three (3) of the offenders are repeated from last year.
— Planner Stockman
What this is about
Prior code enforcement assessment repeat offenders may be relevant to the assessment notice process and any future prosecution policy.
The records I searched do not contain a prior code-enforcement assessment decision or offender list matching the recollection that “three of the offenders are repeated from last year.” The only partially related item is in the February 10, 2026 packet, which included prosecution-services background noting experience with municipal enforcement of non-criminal building and zoning code violations, but that record does not identify repeat offenders or set a prosecution policy.
· Planning Issues-Mr. Ruppe works with a number of municipal clients that enforce their ow
improvement projects. Mr. Ruppe typically works with the City of Nowthen on several 429 pr
This page was left intentionally blank. <figure> CITY OF NOWTHEN </figure> ### REQUEST FOR COUNCIL ACTION <table> <tr> <th>Agenda Item:</t
### Firm Background: Couri & Ruppe is located in St. Michael Minnesota. Michael Couri joined the predecessor to Couri & Ruppe as an associate attorney in 1991. Robert Ruppe joined the firm in 2000. Bo
#### Qualifications of Robert T. Ruppe Robert T. Ruppe received his Bachelor of Arts deg
Documents and recordings archived for this meeting, when available.
The structured brief on this page is auto-generated and may need correction. The PDFs and the meeting recording remain the official record. What do the trust labels mean?