Tuesday, November 12, 2024 · 6:00 PM
One-line summary
The Council paid Rum River Consultants' $19,620 invoice, restarted code-compliance administration, received road recommendations, directed action on Bar None compliance, accepted Administrator Lehner's resignation, certified election results, approved council e-mails, and tabled the 3rd Quarter Financial Report and ICMA renewal.
26 items as recorded in the agenda, packet, and minutes, each with a plain-English summary of what was at issue.
1Call to Order
Call to order, pledge, roll call, and approval of agenda.
Agenda approved as amended.
2Public Forum
Public forum for resident comments.
A resident, Sam Corns, used public forum to describe repeated incidents involving a neighbor's dogs entering his property and asked the City to enforce its code more consistently. No action was taken during public forum, but the topic overlapped with the later code-compliance discussion.
Resident spoke; no formal action during public forum.
3aApproval of prior meeting minutes
Approval of City Council Meeting Minutes and Work Session Meeting Minutes for September 10, 16, 17, 23, and 30; and October 8, and 21, 2024.
The Council approved most consent items, including prior minutes as amended, claims and the September Treasurer's Report, the ERYHA gambling donation, the Comcast update, Embedded Systems renewal, the SCORE grant contract, updated annual appointments, LMC online training for newly elected officials, and Mayor Pilon's stipend request. The 3rd Quarter Financial Report and ICMA renewal were removed and later tabled.
Most minutes were approved on consent as amended; the October 8 minutes were separately approved as amended.
3bClaims and Treasurer's Report
Approval of claims and September Treasurer's Report.
The Council approved most consent items, including prior minutes as amended, claims and the September Treasurer's Report, the ERYHA gambling donation, the Comcast update, Embedded Systems renewal, the SCORE grant contract, updated annual appointments, LMC online training for newly elected officials, and Mayor Pilon's stipend request. The 3rd Quarter Financial Report and ICMA renewal were removed and later tabled.
Approved as part of the consent agenda.
3cAccept ERYHA 3rd Quarter Gambling Fund
Resolution accepting 3rd Quarter Gambling Fund from Elk River Youth Hockey Association.
The Council approved most consent items, including prior minutes as amended, claims and the September Treasurer's Report, the ERYHA gambling donation, the Comcast update, Embedded Systems renewal, the SCORE grant contract, updated annual appointments, LMC online training for newly elected officials, and Mayor Pilon's stipend request. The 3rd Quarter Financial Report and ICMA renewal were removed and later tabled.
Approved as part of the consent agenda.
3d3rd Quarter Financial Report
Accept 3rd Quarter Financial Report prepared by Financial Consultant Lori Yager.
Tabled until the December 10, 2024 meeting.
3eNotice of Public Waste
Review notice of public waste for information only.
The Council approved most consent items, including prior minutes as amended, claims and the September Treasurer's Report, the ERYHA gambling donation, the Comcast update, Embedded Systems renewal, the SCORE grant contract, updated annual appointments, LMC online training for newly elected officials, and Mayor Pilon's stipend request. The 3rd Quarter Financial Report and ICMA renewal were removed and later tabled.
Reviewed as part of the consent agenda.
3fComcast Update
Review Comcast update from Meghan Shea.
The Council approved most consent items, including prior minutes as amended, claims and the September Treasurer's Report, the ERYHA gambling donation, the Comcast update, Embedded Systems renewal, the SCORE grant contract, updated annual appointments, LMC online training for newly elected officials, and Mayor Pilon's stipend request. The 3rd Quarter Financial Report and ICMA renewal were removed and later tabled.
Reviewed as part of the consent agenda.
3gICMA Membership Contract Renewal
ICMA Membership Contract Renewal.
Tabled until the City has a new administrator in place.
3hEmbedded Systems Contract Renewal
Embedded Systems contract renewal.
The Council approved most consent items, including prior minutes as amended, claims and the September Treasurer's Report, the ERYHA gambling donation, the Comcast update, Embedded Systems renewal, the SCORE grant contract, updated annual appointments, LMC online training for newly elected officials, and Mayor Pilon's stipend request. The 3rd Quarter Financial Report and ICMA renewal were removed and later tabled.
Approved as part of the consent agenda.
3iAnoka County SCORE Grant Contract
Resolution authorizing Mayor and Administrator to execute Anoka County SCORE grant contract.
The Council approved most consent items, including prior minutes as amended, claims and the September Treasurer's Report, the ERYHA gambling donation, the Comcast update, Embedded Systems renewal, the SCORE grant contract, updated annual appointments, LMC online training for newly elected officials, and Mayor Pilon's stipend request. The 3rd Quarter Financial Report and ICMA renewal were removed and later tabled.
Approved as part of the consent agenda.
3jUpdate Annual Appointments
Resolution updating annual appointments.
The Council approved most consent items, including prior minutes as amended, claims and the September Treasurer's Report, the ERYHA gambling donation, the Comcast update, Embedded Systems renewal, the SCORE grant contract, updated annual appointments, LMC online training for newly elected officials, and Mayor Pilon's stipend request. The 3rd Quarter Financial Report and ICMA renewal were removed and later tabled.
Approved as part of the consent agenda.
4Rum River Consultants invoice and code compliance
Rum River Consultants addressed an outstanding invoice and code compliance program.
Rum River Consultants explained the open building permits left after the transition from MNSPECT. Council approved paying Rum River's $19,620 outstanding invoice and then directed Rum River to begin administering the City's existing code-compliance process immediately, with staff forwarding vetted complaints and a future work session to review possible changes.
Council approved payment of the invoice and directed Rum River Consultants to begin administering the existing code compliance process, with a work session to follow.
5a2025-2027 Road Improvements Recommendation
Engineering old business: 2025, 2026, 2027 Road Improvements Recommendation.
Council received and filed the City Engineer's recommended road improvement list for 2025, 2026, and 2027 and directed staff to keep the recommendations available when 2025 road projects are considered. The discussion also flagged possible coordination questions with Ramsey on roads near the Rogers Lake area.
Recommendations were received and filed, and staff was directed to keep them on the docket for 2025 road project consideration.
6aFire Department Monthly Report
Fire Department monthly report.
The minutes list the Fire Department heading but no report or action under it.
7aSheriff's Department Monthly Report
Sheriff's Department monthly report.
Chief Deputy Jacobson reported 139 October calls for service, including 16 calls to Bar None and a 252% increase in Bar None calls from 2023 to 2024. Council directed the Administrator to consult Attorney Ruppe on the prior direction for a cease-and-desist action and, if that is not available, to find a way to bring Bar None into compliance with zoning or prevent the business from operating out of compliance.
Monthly report was presented; Council also approved a Bar None compliance directive during this item.
8Planning and Zoning
Planning and Zoning update on cannabis ordinance.
The Planning and Zoning update noted that the cannabis ordinance was not complete and that Planner Nash hoped for a December work session after consulting Attorney Ruppe.
No ordinance action was taken.
9Administrator Update
Administrator update, including election, Mackenzie Hills, interim part-time fire chief, staff anniversaries, December schedule, and resignation.
Administrator Lehner reported on the election, Mackenzie Hills, the interim part-time fire chief process, staff anniversaries, and December schedules, then submitted his resignation effective after 30 days. Council accepted the resignation, confirmed PTO handling under his contract, directed that the City Administrator opening be posted, and approved December closures for City offices and the shop.
Council accepted the City Administrator's resignation and approved December office/shop closures.
10aElection Canvas
Election canvass, if available.
Council canvassed and certified the November 5, 2024 General Election results, naming Shane Hybben as mayor-elect and Ken Glaser and Mary Rainville as council-member winners.
Election results were certified.
10bCity Council Emails
City Council e-mails for council members.
Council approved city e-mail accounts for council members beginning January 1, 2025, using the mailbox-only option at $4 per month rather than the full Office Suite option.
Council approved city e-mails for council members beginning January 1, 2025.
10cLMC Training for Newly Elected Officials
Discuss and approve League of Minnesota Cities training for newly elected officials.
The Council approved most consent items, including prior minutes as amended, claims and the September Treasurer's Report, the ERYHA gambling donation, the Comcast update, Embedded Systems renewal, the SCORE grant contract, updated annual appointments, LMC online training for newly elected officials, and Mayor Pilon's stipend request. The 3rd Quarter Financial Report and ICMA renewal were removed and later tabled.
Moved to and approved on the consent agenda.
10dAmend Hiring Process
Move to amend the hiring process.
Council Member Rainville proposed changing the interview process so staff and affected departments would handle interviews before final Council hiring approval. The motion failed 2-2. The Council then discussed Administrative Assistant interviews already scheduled for November 14, and Council Members Alders and Breyen agreed to attend.
Motion to implement the proposed new interview committee process failed 2-2.
10eAdministrative Assistant Interviews
Approval to interview Administrative Assistant applicants.
Council Member Rainville proposed changing the interview process so staff and affected departments would handle interviews before final Council hiring approval. The motion failed 2-2. The Council then discussed Administrative Assistant interviews already scheduled for November 14, and Council Members Alders and Breyen agreed to attend.
No formal motion is recorded; Council Members Alders and Breyen agreed to attend scheduled interviews.
10fStipend Request
Approve stipend request.
The Council approved most consent items, including prior minutes as amended, claims and the September Treasurer's Report, the ERYHA gambling donation, the Comcast update, Embedded Systems renewal, the SCORE grant contract, updated annual appointments, LMC online training for newly elected officials, and Mayor Pilon's stipend request. The 3rd Quarter Financial Report and ICMA renewal were removed and later tabled.
Moved to and approved on the consent agenda.
10-old-businessOld Business Review
Old business list for review only.
Only the SCORE grant action item was noted for removal because it had been handled on consent.
11Items Removed from Consent Agenda
Items removed from the consent agenda.
For items removed from consent, Council approved the October 8 minutes as amended, tabled the 3rd Quarter Financial Report to December 10, tabled the ICMA renewal until a new administrator is in place, and approved $80 for the County to try three times to serve Mr. Ortell.
Council acted on removed consent items: October 8 minutes were approved as amended, 3rd Quarter Financial Report was tabled, ICMA renewal was tabled, and an Ortell service fee was approved.
16 motions on the record. Split votes are highlighted.
M1MOTION BY COUNCIL MEMBER BREYEN, SECONDED BY COUNCIL MEMBER RAINVILLE, TO APPROVE THE AGENDA, AS AMENDED.
moved by Breyen, seconded by Rainville
M2MOTION BY COUNCIL MEMBER BREYEN, SECONDED BY COUNCIL MEMBER RAINVILLE, TO APPROVE CONSENT AGENDA ITEMS A (AS AMENDED), B, C, E, F, H. I, J, K, AND L, AS PRESENTED.
moved by Breyen, seconded by Rainville
M3MOTION BY COUNCIL MEMBER RAINVILLE, SECONDED BY COUNCIL MEMBER BREYEN, TO AUTHORIZE PAYMENT OF $19,620 FOR THE OUTSTANDING INVOICE SUBMITTED BY RUM RIVER CONSULTANTS.
moved by Rainville, seconded by Breyen
M4AMENDED MOTION BY COUNCIL MEMBER BREYEN, SECONDED BY COUNCIL MEMBER RAINVILLE, THAT BECAUSE RUM RIVER CONSULTANTS HAS THE CAPACITY TO BE THE ADMINISTRATOR FOR THE CITY'S EXISTING CODE COMPLIANCE PROCESS, THEY WOULD BEGIN THAT WORK IMMEDIATELY; TO DIRECT ADMINISTRATOR LEHNOR TO FORWARD ANY VETTED COMPLAINTS THAT WERE AVAILABLE TO BE MOVED INTO THE CITY'S LETTER PROCESS TO RUM RIVER CONSULTANTS FOR PROCESSING; AND, TO SCHEDULE A WORK SESSION MEETING WITH RUM RIVER CONSULTANTS, CITY STAFF, AND THE CITY COUNCIL AS SOON AS POSSIBLE, IN ORDER TO CONSIDER A REVISED COMPLIANCE PROCESS.
moved by Breyen, seconded by Rainville
M5MOTION BY COUNCIL MEMBER RAINVILLE, SECONDED BY COUNCIL MEMBER BREYEN, TO RECEIVE AND FILE THE 2025, 2026, AND 2027 ROAD IMPROVEMENTS RECOMMENDATIONS, AND DIRECT STAFF TO KEEP THEM ON THE DOCKET FOR WHEN THEY BEGIN CONSIDERATION OF ROAD PROJECTS IN 2025.
moved by Rainville, seconded by Breyen
M6MOTION BY COUNCIL MEMBER RAINVILLE, SECONDED BY COUNCIL MEMBER BREYEN, TO DIRECT ADMINISTRATOR LEHNER TO REACH OUT TO ATTORNEY RUPPE REGARDING THE PREVIOUS DIRECTION FROM THE COUNCIL TO AUTHORIZE A CEASE AND DESIST ACTION FOR THE BAR NONE FACILITY; IF THEY ARE UNABLE TO TAKE THAT ACTION, THAT THE CITY BEGIN ACTIONS TO FIND A WAY TO GET BAR NONE INTO COMPLIANCE AND MEET EXISTING ZONING ORDINANCES, AND IF THEY CANNOT COME INTO COMPLIANCE, THEY CANNOT OPERATE THEIR BUSINESS.
moved by Rainville, seconded by Breyen
M7MOTION BY COUNCIL MEMBER RAINVILLE, SECONDED BY COUNCIL MEMBER BREYEN, TO ACCEPT THE RESIGNATION OF ADMINISTRATOR LEHNER, CONFIRMING THAT ACCORDING TO HIS EMPLOYMENT CONTRACT; HE HAS 30 DAYS; HAS THE ABILITY TO USE PTO, IF NEEDED; WOULD BE PAID OUT FOR ANY UNUSED PTO DAYS AT THE END OF 30 DAYS; AND, THAT THE CITY POST THE OPENING FOR A CITY ADMINISTRATOR.
moved by Rainville, seconded by Breyen
M8MOTION BY COUNCIL MEMBER BREYEN, SECONDED BY COUNCIL MEMBER RAINVILLE, TO APPROVE CLOSING CITY OFFICES FROM DECEMBER 16-20, 2024; AND THE SHOP FROM DECEMBER 23-27, 2024, DEPENDING ON THE WEATHER CONDITIONS.
moved by Breyen, seconded by Rainville
M9MOTION BY COUNCIL MEMBER BREYEN, SECONDED BY COUNCIL MEMBER ALDERS, TO ADOPT RESOLUTION NO. 2024-XX A RESOLUTION TO CERTIFY RESULTS OF THE TUESDAY, NOVEMBER 5, 2024 GENERAL ELECTION.
moved by Breyen, seconded by Alders
M10MOTION BY COUNCIL MEMBER BREYEN, SECONDED BY COUNCIL MEMBER ALDERS, TO APPROVE CITY E-MAILS FOR CITY COUNCIL MEMBERS, INCLUDING PAYING $4.00/MONTH TO COVER THE COST OF THE E-MAILS, BEGINNING JANUARY 1, 2025.
moved by Breyen, seconded by Alders
M11MOTION BY COUNCIL MEMBER RAINVILLE, SECONDED BY COUNCIL MEMBER ALDERS, TO APPROVE IMPLEMENTING A NEW CITY PROCESS FOR INTERVIEWING FOR OPEN POSITIONS CONSISTING OF AN INTERVIEW COMMITTEE THAT CONSISTED OF THE ADMINISTRATOR, DEPUTY CLERK, AND A MEMBER OF THE AFFECTED DEPARTMENT, WITH THE OPTION TO INCLUDE AN OUTSIDE PARTY, AS LONG AS THERE WOULD BE NO COST TO THE CITY; THE CITY COUNCIL WILL CONTINUE TO BE RESPONSIBLE FOR THE FINAL HIRING DECISION; AND, THE COMMITTEE WOULD BE LIMITED TO POSITIONS THAT REPORT TO THE CITY ADMINISTRATOR; EFFECTIVE NOVEMBER 13, 2024; AND WOULD NOT AFFECT THE CURRENT FIRE CHIEF HIRING PROCESS.
moved by Rainville, seconded by Alders
M12MOTION BY MAYOR PILON, SECONDED BY COUNCIL MEMBER BREYEN, TO AUTHORIZE THE PAYMENT OF $80 FOR THE COUNTY TO MAKE THREE ATTEMPTS TO FIND MR. ORTELL AND SERVE HIM NOTIFICATION.
moved by Pilon, seconded by Breyen
M13MOTION BY COUNCIL MEMBER PILON, SECONDED BY COUNCIL MEMBER RAINVILLE, TO APPROVE THE OCTOBER 8, 2024 MEETING MINUTES, AS AMENDED, PER DISCUSSION.
moved by Pilon, seconded by Rainville
M14MOTION BY COUNCIL MEMBER PILON, SECONDED BY COUNCIL MEMBER RAINVILLE, TO TABLE CONSIDERATION OF THE ICMA MEMBERSHIP CONTRACT RENEWAL UNTIL THE CITY HAS A NEW ADMINISTRATOR IN PLACE.
moved by Pilon, seconded by Rainville
M15I move that we table the third quarter financial report to the December meeting.
I move that we table the third quarter financial report to the December meeting
moved by Pilon
Minutes record the item as tabled until December 10, 2024; transcript includes the motion, but the transcript segment provided here does not capture the seconder clearly.
M16MOTION BY TO ADJOURN BY COUNCIL MEMBER RAINVILLE, SECONDED BY COUNCIL MEMBER ALDERS, TO ADJOURN THE NOVEMBER 12, 2024 CITY COUNCIL MEETING.
moved by Rainville, seconded by Alders
The meeting was adjourned at 8:14 p.m.
The amounts the council actually voted to approve, each with the vote that approved it. Drawn from the official minutes.
Treasurer report checking balance
$131,033
Treasurer report CD balance
$2,130,050
Treasurer report money market balance
$673,432
Treasurer report adjusted bank total
$2,711,343
2025 solid waste management charge
$705
Comcast Nowthen broadband grant award
$2,549,413
Embedded Systems monthly siren maintenance rate
$50
LMC online training maximum cost
$360
Mayor Pilon October 2024 meeting stipend
$280
Rum River Consultants outstanding invoice
$19,620
2025 road improvement preliminary estimate
$510,000
2026 road improvement preliminary estimate
$490,000
2027 road improvement preliminary estimate
$460,000
Council member email account monthly rate
$4
Council member email account annual cost
$240
Ortell service attempts by County
$80
When someone referred back to earlier business, we found the matching prior discussion and tied it in here.
On the 21st of October I spoke with council member rainville 22 days ago she said that she would follow up with me about what the policy inde said if the city has a leg to stand on for sending a letter out
— Sam Corns
What this is about
Resident recalled an October 21 conversation with Council Member Rainville about dog-running complaints and city code enforcement.
The records I searched do not contain a prior council discussion or decision matching this recollection about an October 21 conversation with Council Member Rainville, dog-running complaints, or whether city code enforcement could support sending a letter. The search results that mention Council Member Rainville are unrelated items from 2026, including a Planning and Zoning Commission appointment, a plaque/dedication expense discussion, and routine agenda actions. No formal vote or staff follow-up on dog-running complaints or a code-enforcement letter appears in these results.
the March 18 meeting minutes did direct that nothing else be done so as you said meetings continue to happen with the attorney with yourself so charges were continued with without knowledge of the council
— Mayor Pilon
What this is about
Mayor recalled the March 18 meeting direction to pause code-compliance work.
The records I searched do not contain a March 18 meeting minute or any prior decision matching Mayor Pilon’s recollection that council directed code-compliance work to pause or that “nothing else be done.” The search results mainly relate to 2026 development applications, consent agenda approvals, and a prosecuting-services agreement; they do not show a formal council vote or direction about pausing code-compliance activity.
the last request we had was for staff and and and contracted staff as I recall to come up with a process what was the process because some cities start charging fines right away
— Mayor Pilon
What this is about
Mayor recalled prior council concerns about what the code-compliance process should look like before enforcement escalates.
The records I searched do not contain a prior council decision or discussion matching Mayor Pilon’s recollection about directing staff and contracted staff to develop a code-compliance process before escalating to fines. The closest related records are general references to contracted services and priorities: at the January 13, 2026 meeting packet, Rum River Consultants is listed as the City’s Building Official, and at the March 23, 2026 goal-setting meeting, staff noted they had been working on items based on council input. But those records do not describe a code-enforcement escalation process, fine timing, or a formal vote directing staff to bring back such a process.
a number of months ago um even last year we were going to um Council agreed that you and I would meet with attorney rupe try and come up with the appropriate cup
— Mayor Pilon
What this is about
Council recalled prior direction about Bar None CUP/IUP compliance discussions with the City Attorney.
The records I searched do not contain a prior council decision or recorded direction matching Mayor Pilon’s recollection that Council agreed he and another member would meet with Attorney Rupe to develop the appropriate CUP/IUP approach for Bar None. There are partial Bar None-related matches. The January 13, 2026 packet included police data showing 119 of 159 Nowthen arrests in 2025 were Bar None-related. The April 28, 2026 packet included draft findings for an amended Conditional Use Permit for Bar None, noting the facility’s changed use, DHS licensing, and licensed capacity of 40 residents. But the search results provided do not show the earlier “meet with Attorney Rupe” direction or any formal vote on that specific instruction.
we did give direction about a year ago and then we also gave Direction about two months ago because we didn't remember that we'd given the direction before
— Council Member Rainville
What this is about
Council Member Rainville recalled that Council had given Bar None-related direction twice before.
The records I searched do not contain a prior Council decision or direction matching Council Member Rainville’s recollection about Bar None. The search results returned items on unrelated topics, including Planning and Zoning Commission appointments, the Minnesota state flag, annual appointments, and a dedication plaque, but nothing showing Bar None-related direction given “about a year ago” or “about two months ago.”
I know that we've talked about in the past um do you know if Shane has engaged um or have we talked with Ramsey at all if they are planning on doing the rest of the what we've called the Rogers Lake area
— Council Member Breyen
What this is about
Council Member Breyen recalled past discussions with Ramsey about Rogers Lake area road work and possible coordination.
The records I searched do not contain a prior discussion or decision matching Council Member Breyen’s recollection about coordination with Ramsey on Rogers Lake area road work. The search results returned unrelated items from 2026 meetings and packets, including Planning and Zoning appointments, flag discussion, and other administrative matters, but nothing about Ramsey, Rogers Lake, or road-work coordination.
MOTION BY COUNCIL MEMBER RAINVILLE, SECONDED BY COUNCIL MEMBER SWENSON, TO APPOINT MICHAEL HOIUM TO THE PLANNING AND ZONING COMMISSION. 3 AYES - COUNCIL MEMBER RAINVILLE, COUNCIL MEMBER SWENSON, MAYOR
MOTION BY COUNCIL MEMBER RAINVILLE, SECONDED BY COUNCIL MEMBER SWENSON, TO APPOINT MICHAEL HOIUM TO THE PLANNING AND ZONING COMMISSION. 3 AYES- COUNCIL MEMBER RAINVILLE, COUNCIL MEMBER SWENSON, MAYOR
Council Member Breyen asked if there was a different category for the budget for this expense, rather than the contingency that it was primarily placed in. The Council has offered to purchase the plaq
Council Member Breyen asked if there was a different category for the budget for this expense, rather than the contingency that it was primarily placed in. The Council has offered to purchase the plaq
## 1. Call To Order Mayor Hybben called the session to order at 6:00 p.m. The Pledge of Allegiance was recited by all in attendance. Roll call by City Clerk Johnson. Present: Mayor Hybben, Council Mem
Documents and recordings archived for this meeting, when available.
Meeting City Council Meeting — Agenda (2024-11-12)
Agenda · Tuesday, November 12, 2024
3 pages
Meeting City Council Meeting — Minutes (2024-11-12)
Minutes · Tuesday, November 12, 2024
11 pages
Meeting City Council Meeting — Agenda Packet (2024-11-12)
Packet · Tuesday, November 12, 2024
175 pages
Meeting recording
YouTube
Transcript · 887 segments · 2:15:31
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?