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2024-05-14
Agenda
Not posted
What was on the agenda.
One-line summary
Council approved two plats, accepted the 2023 audit, approved Vista Prairie conduit bonds, shifted Fire Department reporting to the City Administrator, authorized parking lot work up to $63,000, hired a part-time Administrative Assistant at $20/hour, tabled the Bootleggers off-sale license, and discussed several policy and administrative updates.
34 items as recorded in the packet and minutes.
1Call to Order
Call to order, pledge, roll call, agenda amendments, and approval of the amended agenda.
Agenda approved as amended.
2Public Forum
BMO Bank representatives gave information about banking offers and requested permission to present to staff.
Administrator Lehner will look at dates and get back to Nicole.
3Consent Agenda
Consent agenda approved as amended, including liquor license renewals discussed for Northwoods Bar and Grill, Burns Bottle Shop, and Bootleggers Saloon.
Approved as amended, with Council Member Breyen adding review and approval by Attorney Ruppe.
3.C-DConsent Items C and D - Liquor Licenses
The council discussed that liquor license fee increases will require a public hearing later in the year.
Included in the consent agenda approval; staff to follow up with Attorney Ruppe and hold a public hearing for the fee increase.
4.aPlanning and Zoning Monthly Report
The council did not receive a full monthly Planning and Zoning report presentation because of time constraints; one ordinance-process question was answered.
Monthly report was not formally presented; one question was answered.
4.bFinal Plat for Mackenzie Hills
Final plat for Mackenzie Hills was approved with the development agreement struck from documents until approved by the City Attorney.
Approved with the development agreement struck until City Attorney approval.
4.cPreliminary Plat for Nowthen Pastures
Preliminary plat for Nowthen Pastures was approved.
Preliminary plat approved.
5Presentation of the 2023 City Audit
The 2023 city audit was presented and accepted.
Final 2023 audit accepted as presented.
6St. Francis Conduit Bonds for Senior Housing Project
Council held a public hearing and approved conduit revenue obligations for Vista Prairie at Eagle Pointe, LLC.
Approved 3-1, with Council Member Breyen voting no and Council Member Alders absent.
7Engineering
Council was reminded about the Rogers Lake Road Project bid opening and a work session with public hearing.
Reminder only.
8.aFire Department Monthly Report
The Fire Department monthly report was summarized, including grass fire response, recruiting open house, and a County Road 22 garage fire response.
Monthly report discussed; no vote recorded on this subitem.
8.bResolution Shifting Fire Department Reporting to City Administrator
Council approved shifting direct reporting of the Nowthen Fire Department and Fire Chief to the City Administrator, with a correction that the Fire Department began in 2021.
Approved as amended to reflect that the Fire Department began in 2021.
9Sheriff's Department
The Sheriff’s Department report was discussed, including Bar None calls and a warning about scam calls impersonating the Sheriff’s Department.
No council vote recorded; action items assigned for public communication about scam calls.
10.aStatus of the Fire Chief Position
Administrator updated council on the Fire Chief position and council agreed Council Member Breyen may join the Personnel Committee for this hiring process if the two council members agreed.
Council gave informal agreement on committee participation and posting after committee approval, but no motion was recorded.
10.bAdministrative Assistant Position
Administrative Assistant position was moved from the Administrator's Update to New Business.
Moved to New Business 11.b.6.
10.cProject Manager Update
Project Manager update noted that Genevieve Hirschboeck returned May 6 and that Phase 2 of the personnel policy was the top priority.
Update only.
10.dPublic Works New Truck Update
Administrator reported the new Public Works truck was in Minnesota and on track for July delivery.
Update only.
10.eERYHA and ARAA Funds Received
Administrator reported first-quarter ERYHA and ARAA funds received and was asked to verify with the City Attorney whether a resolution is needed.
Administrator to verify with City Attorney whether a resolution is needed.
10.fCIP Meeting Action Item - Fire Department Fifth Bay
Council decided not to continue investigating the cost of a fifth fire department bay and moving the generator and siren after discussion with Chief Schmidt.
Council answered no to moving forward with the fifth-bay cost investigation.
10.gSchedule Work Session for Phase 2 of Personnel Policy
Council scheduled a May 23 work session to work on the Phase 2 personnel policy process.
Work session set for May 23 at 6:00 p.m.; no formal motion recorded.
10.hRecycling Day
Council discussed Recycling Day staffing and action items related to tire tonnage.
Council Member Rainville available; action item assigned for tire tonnage.
11.a.1Approve Resolution Reducing BBKG Invoice
BBKG invoice reduction was moved to the consent agenda.
Moved to and approved through the consent agenda.
11.a.2Process for Uncompliant Properties per Attorney Glaser
Process for uncompliant properties remained in process.
Still in process.
11.a.3ATV Ordinance Update
No update was given on the ATV ordinance.
No update.
11.a.4Memorial Park Schematic Drawing Action Item
The action item from February 13, 2024, regarding a schematic drawing after sprinklers are installed at Memorial Park was not complete.
Sprinklers were not complete yet.
11.a.5Comcast Update
Mayor Pilon updated council on Comcast engineering, anticipated construction, possible groundbreaking, progress website, and about 47 homes outside mapped service areas.
Update only; mayor will update council as information comes in.
11.b.1Paving and Striping City Parking Lots
Council approved repaving and striping the city office and Historic Town Hall parking lots, including concrete and sidewalk replacement, not to exceed $63,000.
Approved not to exceed $63,000.
11.b.2Off-Sale Liquor License Application for Bootleggers Saloon and Eatery
Off-sale liquor license application for Longhorn Group #2 LLC, doing business as Bootleggers Saloon and Eatery, was tabled until June.
Tabled until the June meeting; Administrator to gather more information from Bootleggers and the City Attorney.
11.b.3Consultant/Subcontractor Billing Clarification
Consultant and subcontractor billing clarification was sent back to Council Members Rainville and Fladebo to develop as a policy.
No resolution acted on; Council Members Rainville and Fladebo to work on a policy.
11.b.4Adjustment to the Budgeting Process
Council discussed the budgeting process and statutory-city expenditure authority and assigned Council Members Rainville and Fladebo to seek information from the League of Minnesota Cities and bring back a policy.
Action item assigned to seek LMC guidance and draft a policy.
11.b.5Liability Coverage-Waiver Form
Council approved completing the liability coverage waiver form with the option that does not waive Minnesota statutory limits and directed Deputy Clerk Johnson to submit it.
Council selected the option that does not waive Minnesota statutory limits.
11.b.6Administrative Assistant Position
Council discussed the Administrative Assistant hire, personnel policy section 2-3-6, approved having staff work with the City Attorney on that policy section, and approved offering Alexis Johnson the part-time position.
Policy rework and the job offer were approved; an earlier motion to suspend policy sections A and C had no recorded vote in the minutes.
11.b.7Support for Small Cities
Council approved Mayor Pilon submitting an application for the Coalition of Small Cities at-large board position.
Mayor Pilon may submit an application for the at-large board position.
11.b.8Opportunities for Residents to Participate and/or Volunteer
Council discussed a list of opportunities for residents to participate or volunteer, with staff to work on website posting after higher-priority work is caught up.
Council Member Fladebo to verify events and provide information for the website.
What this meeting did about specific topics, organized by issue rather than by document.
Liquor licenses and liquor-license fees
Council approved the consent agenda items related to existing liquor licenses after clarification that Northwoods Bar and Grill, Burns Bottle Shop, and Bootleggers Saloon would pay last year's fee while the city later holds a public hearing on fee increases. The separate Bootleggers off-sale liquor license application was tabled until June so staff could gather more information from Bootleggers and the City Attorney.
Agenda: 3, 3.C-D, 11.b.2. Motions: M2. Speakers: Council Member Breyen, Administrator Lehner.
Mackenzie Hills final plat
Council approved the Mackenzie Hills final plat findings and record of decision, but struck the development agreement until it is approved by the City Attorney. Discussion focused on driveway access, shared driveway maintenance, fire code, right-of-way, and consistency between the development agreement and the preliminary plat.
Agenda: 4.b. Motions: M3. Speakers: Mayor Pilon, Council Member Breyen, Council Member Fladebo, Planner Nash.
Nowthen Pastures preliminary plat
Council approved the findings of fact and record of decision for the Nowthen Pastures preliminary plat. The minutes state the property has three lots with driveways off the county road.
Agenda: 4.c. Motions: M4. Speakers: Council Member Breyen, Mayor Pilon, Planner Nash.
2023 city audit
Andrew Grice presented the 2023 audit, reported a clean and unmodified audit opinion, and noted a common small-city internal control concern involving lack of segregation of accounting duties. Council accepted the final 2023 audit as presented and an action item was created to develop a fund balance policy.
Agenda: 5. Motions: M5. Speakers: Andrew Grice, Council Member Rainville, Council Member Fladebo.
Vista Prairie conduit bonds
Council held the public hearing and approved issuing revenue obligations for the benefit of Vista Prairie at Eagle Pointe, LLC, for the St. Francis senior housing project. The minutes state Nowthen would receive a $50,000 fee and have no expenditures or debt responsibility; the motion passed 3-1 with Breyen voting no and Alders absent.
Agenda: 6. Motions: M6. Speakers: Julie Eddington, Mayor Pilon, Council Member Rainville, Council Member Breyen, Council Member Fladebo.
Nowthen Fire Department operations, reporting, hiring, and facilities
Council received fire department updates, approved shifting direct reporting of the Fire Department and Fire Chief to the City Administrator, discussed the Fire Chief hiring process, and decided not to continue the earlier direction to investigate a fifth fire bay and related generator and siren relocation costs.
Agenda: 8.a, 8.b, 10.a, 10.f. Motions: M7. Speakers: Chief Schmidt, Mayor Pilon, Administrator Lehner, Council Member Breyen, Council Member Fladebo, Council Member Rainville.
Sheriff's Department report and scam warning
Chief Deputy Jacobson discussed Bar None calls and warned residents about scam calls impersonating the Sheriff's Department. Council Members Rainville and Fladebo were assigned to post information, and Rainville was assigned to arrange a deputy visit to the seniors group.
Agenda: 9. Speakers: Chief Deputy Jacobson, Mayor Pilon, Council Member Rainville, Council Member Fladebo.
ERYHA and ARAA dedicated fund receipts
Administrator Lehner reported first-quarter ERYHA and ARAA receipts deposited into fund R 230-36230 and was asked to verify with the City Attorney whether a resolution is needed because the money is collected under a city ordinance and deposited into a dedicated fund.
Agenda: 10.e. Speakers: Administrator Lehner.
City office and Historic Town Hall parking lots
Council approved repaving and striping the city office and Historic Town Hall parking lots, including concrete and sidewalk replacement, not to exceed $63,000. The minutes identify a $150,000 separate line item as the funding source and state the work will not use street renewal funds or Rogers Lake Road project funds.
Agenda: 11.b.1. Motions: M8. Speakers: Council Member Rainville, Council Member Breyen.
Personnel, billing, and budgeting policies
Council directed work on several policy questions, including consultant/subcontractor invoice detail, budget-process authority for expenditures in a statutory city, and personnel policy section 2-3-6 involving relatives. Council also approved offering Alexis Johnson the permanent part-time Administrative Assistant position at $20 per hour and 30 hours per week.
Agenda: 11.b.3, 11.b.4, 11.b.6, 10.c, 10.g. Motions: M10, M11, M12. Speakers: Mayor Pilon, Administrator Lehner, Council Member Rainville, Council Member Fladebo, Council Member Breyen.
Liability coverage waiver
Council approved completing the insurance waiver form with the option that does not waive Minnesota statutory limits and directed Deputy Clerk Johnson to submit the form.
Agenda: 11.b.5. Motions: M9. Speakers: Council Member Breyen, Council Member Rainville, Deputy Clerk Johnson.
Coalition of Small Cities board application
Council approved Mayor Pilon submitting an application for the Coalition of Small Cities at-large board position. The minutes state the potential city cost would be $40 per meeting if reimbursement is submitted.
Agenda: 11.b.7. Motions: M13. Speakers: Mayor Pilon, Council Member Breyen, Administrator Lehner.
Community information and participation
Council received a Comcast construction and service-area update, including about 47 homes outside mapped Comcast or Arvig areas, and discussed how to share community event and volunteer opportunities on the city website when staff capacity allows.
Agenda: 11.a.5, 11.b.8. Speakers: Mayor Pilon, Council Member Fladebo, Deputy Clerk Johnson, Administrator Lehner, Council Member Rainville.
14 motions on the record. Split votes are highlighted.
M1MOTION BY COUNCIL MEMBER BREYEN SECONDED BY RAINVILLE TO APPROVE THE AGENDA AS AMENDED.
moved by Council Member Breyen, seconded by Rainville
M2MOTION BY COUNCIL MEMBER RAINVILLE AND SECONDED BY MAYOR PILON TO APPROVE THE CONSENT AGENDA AS AMENDED.
moved by Council Member Rainville, seconded by Mayor Pilon
M3MOTION BY MAYOR PILON, SECONDED BY COUNCIL MEMBER BREYEN TO APPROVE THE FINDINGS OF FACE AND RECORD OF DECISION FOR THE FINAL PLAT FOR MACKENZIE HILLS STRIKING DEVELOPMENT AGREEMENT UNTIL APPROVED BY THE CITY ATTORNEY.
moved by Mayor Pilon, seconded by Council Member Breyen
M4MOTION BY COUNCIL MEMBER BREYEN, SECONDED BY MAYOR PILON TO APPROVE THE FINDINGS OF FACT AND RECORD OF DECISION FOR THE PRELIMINARY PLAT FOR NOWTHEN PASTURES.
moved by Council Member Breyen, seconded by Mayor Pilon
M5MOTION BY COUNCIL MEMBER FLADEBO, SECONDED BY RAINVILLE TO ACCEPT THE FINAL 2023 AUDIT AS PRESENTED
moved by Council Member Fladebo, seconded by Rainville
M6MOTION BY COUNCIL MEMBER RAINVILLE, SECONDED BY MAYOR PILON TO APPROVE RESOLUTION 2024-XX AUTHORIZING THE ISSUANCE OF REVENUE OBLIGATIONS FOR THE BENEFIT OF VISTA PRAIRIE AT EAGLE POINTE, LLC; APPROVING THE EXECUTION OF THE REVENUE OBLIGATIONS AND RELATED DOCUMENTS; AND TAKING OTHER ACTIONS WITH REPSECT THERETO.
moved by Council Member Rainville, seconded by Mayor Pilon
M7MOTION BY COUNCIL MEMBER RAINVILLE, SECONDED BY FLADEBO TO APPROVE RESOLUTION 2024-XX SHIFTING DIRECT REPORTING OF THE NOWTHEN FIRE DEPARTMENT AND FIRE CHIEF TO THE CITY ADMINISTRATOR.
moved by Council Member Rainville, seconded by Fladebo
M8MOTION BY COUNCIL MEMBER RAINVILLE, SECONDED BY BREYEN TO APPROVE RESOLUTION 2024-XX APPROVING THE REPAVING OF THE CITY OFFICE AND HISTORIC TOWN HALL PARKING LOTS INCLUDING STRIPPING THE LOTS AND REPLACING CONCRETE/SIDEWALKS NOT TO EXCEED $63,000.00.
moved by Council Member Rainville, seconded by Breyen
M9MOTION BY COUNCIL MEMBER BREYEN SECONDED BY RAINVILLE TO COMPLETE THE FORM WITH DOES NOT WAIVE MINNESOTA STATUTORY LIMITS OPTION AND DIRECT DEPUTY CLERK JOHNSON TO SUBMIT THE LIABILITY COVERAGE-WAIVER FORM.
moved by Council Member Breyen, seconded by Rainville
M10MOTION BY MAYOR PILON, SECONDED BY COUNCIL MEMBER BREYEN TO SUSPEND 2- 3-6 SECTIONS A AND C.
moved by Mayor Pilon, seconded by Council Member Breyen
M11MOTION BY COUNCIL MEMBER FLADEBO, SECONDED BY RAINVILLE TO AUTHORIZE STAFF TO WORK WITH THE CITY ATTORNEY TO LOOK AT AND RE-WORK THIS SECTION OF PERSONNEL POLICY SO IT WON'T BE ON A CASE-BY-CASE BASIS.
moved by Council Member Fladebo, seconded by Rainville
M12MOTION BY COUNCIL MEMBER RAINVILLE, SECONDED BY FLADEBO TO OFFER ALEXIS JOHNSON A PERMANENT PART-TIME ADMINISTRATIVE ASSISTANT POSITION AT $20 PER HOUR AND 30 HOURS PER WEEK.
moved by Council Member Rainville, seconded by Fladebo
M13MOTION BY COUNCIL MEMBER BREYEN, SECONDED BY RAINVILLE TO APPROVE MAYOR PILON SUBMITTING AN APPLICATION FOR THE COALITION OF SMALL CITIES "AT LARGE" BOARD POSITON.
moved by Council Member Breyen, seconded by Rainville
M14MOTION TO ADJOURN BY COUNCIL MEMBER RAINVILLE, SECONDED BY BREYEN.
moved by Council Member Rainville, seconded by Breyen
Each figure links back to the document it came from. When the council voted on the amount, the motion is shown.
F1
Fee to the City of Nowthen for conduit bonds, with no city expenditures or debt responsibility stated in the minutes.
fee
$50,000
inflow
F2
Reduction in the BBKG invoice moved to the consent agenda.
invoice
$2,000
unknown
F3
Not-to-exceed amount for repaving and striping the city office and Historic Town Hall parking lots and replacing concrete and sidewalks.
contract
$63,000
outflow
F4
Separate line item identified as the funding source for parking lot work.
budget · 414-43414-405
$150,000
outflow
F5
ERYHA funds received for first quarter.
revenue · R 230-36230 · FY 2024
$6,399.53
inflow
Council approval status: not yet on record.
F6
ARAA funds received for first quarter.
revenue · R 230-36230 · FY 2024
$4,824.01
inflow
Council approval status: not yet on record.
F7
Total first-quarter amount deposited into the new fund.
revenue · R 230-36230 · FY 2024
$11,223.54
inflow
Council approval status: not yet on record.
F8
Total in the account after adding first-quarter ERYHA and ARAA funds.
asset_value · R 230-36230 · FY 2024
$63,731.55
unknown
Council approval status: not yet on record.
F9
Hourly rate for permanent part-time Administrative Assistant position offered to Alexis Johnson.
salary
$20
outflow
F10
Potential cost to the city per meeting if submitted for reimbursement for the Coalition of Small Cities board position.
reimbursement
$40
outflow
When someone tried to remember earlier business, we cross-reference the corpus and write a short related-history note.
It had been brought to staff attention last year, but at the time, their rates were not competitive with where the city's investments are currently held with PMA.
What this is about
BMO Bank's banking information had been raised with staff the prior year, but rates were not competitive then.
The records I searched do not contain a prior discussion or decision matching this recollection about BMO Bank’s banking information, its rates, or comparison with the City’s investments held through PMA. The search results returned unrelated materials, primarily personnel policy/pay items and court data services packet pages, and do not document a prior-year staff review of BMO rates or any Council action on that issue.
The previous Planner approved a temporary driveway, but the city will not issue a Certificate of Occupancy until the driveway is in the correct location and built to specifications.
What this is about
Mackenzie Hills driveway access and a prior temporary driveway approval by the previous planner.
The records I searched do not contain a prior decision matching this recollection about Mackenzie Hills driveway access or a temporary driveway approved by the previous planner. The search results mainly show unrelated or only general planning materials: at the February 24, 2026 and March 10, 2026 meetings, packet language discussed the City Planner’s authority to approve, defer, or deny lot line adjustments and attach conditions, but it does not mention Mackenzie Hills, a temporary driveway, or Certificate of Occupancy requirements. One March 10, 2026 packet item includes conditions for a minor subdivision, but the excerpt concerns buildability, wetland buffers, and septic review—not driveway placement or a temporary driveway approval. No formal council vote or staff approval on the specific driveway issue is reflected in the provided search results.
Action Item from 2-13-24- Council Member Breyen to get schematic drawing after sprinklers are installed at Memorial Park. - They are not complete yet.
What this is about
Prior council action item from February 13, 2024, for a schematic drawing at Memorial Park after sprinkler installation.
The records I searched do not contain a prior decision or action item matching the February 13, 2024 recollection about Council Member Breyen obtaining a schematic drawing for Memorial Park after sprinkler installation. The only Memorial Park item in these search results is from the February 10, 2026 meeting, when Council approved Resolution 2026-08 to purchase a memorial plaque for Judy Herrala and dedicate the Memorial Park pavilion in her memory, with the plaque cost not to exceed $350. That motion passed 5-0. That appears unrelated to the sprinkler/schematic drawing action item.
Administrator Lehner acknowledged and stated that two years ago, it was an RCA/Resolution for Dust Control, last year it was part of the Administrator update.
— Administrator Lehner
What this is about
Past handling of dust control approvals as part of the debate over staff authority for budgeted expenditures.
The records searched show a partial match. In the April 14, 2026 meeting packet, dust control was presented as a formal resolution to award the 2026 application contract. The packet listed five quotes, with Central Minnesota Dust Control as the low quote at $47,950, and included a proposed resolution approving that vendor for an amount not to exceed the $50,000 budget. The draft resolution’s vote fields were blank in the packet, so the search results do not show the final vote outcome. The same April 14, 2026 packet also references the prior year’s work, stating that “last year” the city was able to treat 12.46 miles, with some roads receiving a half rate due to weather and a second trip. However, the records provided here do not include the prior-year Administrator update itself, nor do they include a record from two years earlier confirming whether dust control was handled by RCA/resolution at that time.
Administrator Leher stated last year at the end of the year, he was thanked for thinking ahead and being proactive by purchasing fill, salt, sand, and gravel - now, he is being criticized for it.
— Administrator Lehner
What this is about
Prior end-of-year feedback to the Administrator about buying fill, salt, sand, and gravel before the current budget authority disagreement.
The records I searched do not contain a prior end-of-year discussion or decision matching Administrator Lehner’s recollection that he was thanked for proactively buying fill, salt, sand, and gravel. The search results that mention “fill” relate to subdivision or site-grading requirements in 2026, not Public Works material purchases or year-end budget authority. I did not find a recorded vote, dollar amount, or meeting note in these results documenting prior praise or approval for those purchases.
Administrator Lehner stated that this policy was put in place because of previous staff hiring family members without the City Council knowing and raises being given without City Council approval.
— Administrator Lehner
What this is about
Reason personnel policy section 2-3-6 had been adopted, involving prior staff hiring family members and raises without council awareness or approval.
The records I searched do not contain a prior decision matching this recollection. The search results did not show an adoption or discussion of personnel policy section 2-3-6, nor any recorded council finding about prior staff hiring family members without Council knowledge or raises being granted without Council approval. The results returned were for unrelated 2026 items such as Planning and Zoning policy updates, fee schedule ordinances, code assignments, and attorney service agreements.
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Every document and recording archived for this meeting.
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