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2020-08-10
Agenda
Not posted
What was on the agenda.
Packet
Not posted
The supporting materials council reviewed.
One-line summary
The council approved the consent agenda, tabled the Ebony and Garnet road discussion, authorized an estimate for a five-year road plan, approved a commercial kitchen IUP and a zoning map update, and tabled the Carr's Tree Service CUP until September 8 for legal and planning clarification.
14 items as recorded in the packet and minutes.
1Call to Order
The meeting was called to order at 7:00 p.m.; members present were Blake, Greenberg, Rainville, Mayor Pilon, and Breyen. The agenda was approved as amended to add floor items as item #2.
Agenda approved as amended to add floor items as item #2.
2Floor Items
Residents and representatives spoke about the Carr's Tree Service/Greenwaldt conditional use permit, including opposition, concerns about Planning & Zoning video access, and requests for more discussion or more time.
No vote was taken during floor items.
3aApprove prior meeting minutes
Consent item to approve minutes from the June 9, 2020 City Council meeting, July 7, 2020 public hearing, and July 14, 2020 City Council meeting.
Approved as part of the consent agenda.
3bFinancial Report: Treasurer's Report and claims
Consent item to approve the Treasurer's Report and claims dated July 8, 2020 through August 4, 2020.
Approved as part of the consent agenda; no dollar amounts were included in the provided minutes.
3cLG214 Premises Permit Application - Burns Bottle Shop
Consent item for an LG214 premises permit application for Burns Bottle Shop.
Approved as part of the consent agenda.
3dResolution 2020-47 allowing garage and accessory building drains to drain to daylight
Consent item for Resolution 2020-47 establishing a policy allowing garage and accessory building drains to drain to daylight.
Approved as part of the consent agenda.
3eClerk's Memo - Part Time, Seasonal Maintenance Position
Consent item for the clerk's memo regarding a part-time seasonal maintenance position.
Approved as part of the consent agenda.
4Sheriff's Report
Commander Heath reported on July calls for service, including Bar None calls, a two-vehicle accident, and a suspicious fire; no council action was recorded.
Report only; no motion was recorded.
5aEbony & Garnet
Council discussed updated engineering numbers for the Ebony and Garnet road improvement project and tabled the discussion so questions could be sent to the engineer.
Tabled to allow questions to be submitted to the engineer and answered.
5b5 Year Road Plan Discussion
Council authorized Engineer Nelson to submit an estimate for a five-year road plan and present it to council.
Engineer Nelson was authorized to submit an estimate for a five-year plan and present it to council.
6aIUP - Commercial Kitchen, Mark Bayer, 6024 Old Viking Blvd.
Council approved an interim use permit for a commercial kitchen for Mark Bayer at 6024 Old Viking Boulevard.
Approved unanimously according to the minutes.
6bCUP - Essential Service within RRA District, 8393 181st Ave.
Council considered a conditional use permit for an essential service in the RRA district for 181st Avenue. After discussion about legal and planning questions, council tabled the item until September 8, 2020 for clarification from the attorney and city planner.
Tabled until September 8, 2020 for clarification from the attorney and city planner.
6cZoning Map Update to be consistent with 2040 Land Use Plan
Council approved a zoning map update to be consistent with the 2040 Land Use Plan.
Approved unanimously according to the minutes.
7Adjourn
The meeting adjourned at 8:05 p.m.
The minutes record a motion to adjourn at 8:05 p.m., but do not list mover, seconder, or vote details.
What this meeting did about specific topics, organized by issue rather than by document.
Carr's Tree Service conditional use permit on 181st Avenue
Residents and representatives spoke during floor items about the proposed Carr's Tree Service/Greenwaldt conditional use permit, with opposition raised by Brandon Ebert and John Enstrom and requests for more discussion from Evan Amundson and Alan Greenwaldt. When the Planning & Zoning item came up, Council Member Rainville first moved to deny the CUP, but the motion was changed after council discussed legal questions, county licensing information, the city planner's findings, and whether the use belonged in a business district. Council tabled the CUP until September 8, 2020 for clarification from the city attorney and city planner.
Agenda: 2, 6b. Motions: M6, M7. Speakers: Brandon Ebert, Evan Amundson, John Enstrom, Alan Greenwaldt, Council Member Rainville, Council Member Breyen, Council Member Greenberg, Mayor Pilon.
Consent agenda approvals
Council approved the consent agenda, including prior meeting minutes, the Treasurer's Report and claims for July 8 through August 4, 2020, the Burns Bottle Shop LG214 premises permit application, Resolution 2020-47 on garage and accessory building drains to daylight, and a clerk's memo on a part-time seasonal maintenance position.
Agenda: 3a, 3b, 3c, 3d, 3e. Motions: M2. Speakers: Council Member Breyen, Council Member Blake.
Sheriff's report and Bar None public safety concerns
Commander Heath reported 173 July calls for service, including seven at Bar None, and described a change in Bar None's programming along with serious incidents including a fatal two-vehicle crash and a suspicious fire. The discussion focused especially on Bar None's changing operations, missing or unclear use-permit history, and the need for further meetings or legal review.
Agenda: 4. Speakers: Commander Heath, Mayor Pilon, Council Member Blake.
Ebony and Garnet roads and five-year road plan
Council received revised engineering numbers for the Ebony and Garnet road project, but tabled that discussion so questions could be sent to the engineer and answered. Council also authorized Engineer Nelson to prepare an estimate for a five-year road plan, with discussion that Roger's Lake and Ebony and Garnet should be considered together before major road decisions are made.
Agenda: 5a, 5b. Motions: M3, M4. Speakers: Council Member Rainville, Council Member Breyen, Council Member Blake, Mayor Pilon.
Mark Bayer commercial kitchen interim use permit
Council approved the interim use permit for a commercial kitchen for Mark Bayer at 6024 Old Viking Boulevard.
Agenda: 6a. Motions: M5. Speakers: Council Member Rainville, Council Member Blake.
Zoning map update for the 2040 Land Use Plan
Council approved the zoning map update intended to make the zoning map consistent with the 2040 Land Use Plan.
Agenda: 6c. Motions: M8. Speakers: Council Member Breyen, Council Member Rainville.
9 motions on the record. Split votes are highlighted.
M1MOTION TO APPROVE TONIGHT'S MEETING AGENDA AS AMENDED BY RAINVILLE, SECONDED BY BREYEN; ALL IN FAVOR, MOTION CARRIED.
moved by Rainville, seconded by Breyen
M2MOTION TO APPROVE CONSENT AGENDA BY BREYEN, SECONDED BY BLAKE; ALL IN FAVOR, MOTION CARRIED.
moved by Breyen, seconded by Blake
M3MOTION TO TABLE EBONY & GARNET ROAD IMPROVEMENT DISCUSSION BY RAINVILLE, SECONDED BY BREYEN; ALL IN FAVOR, MOTION CARRIED.
moved by Rainville, seconded by Breyen
M4MOTION TO AUTHORIZE ENGINEER NELSON TO SUBMIT AN ESTIMATE FOR A FIVE YEAR PLAN AND PRESENT TO COUNCIL BY BREYEN, SECONDED BY RAINVILLE; ALL IN FAVOR, MOTION CARRIED.
moved by Breyen, seconded by Rainville
M5MOTION TO APPROVE IUP-COMMERCIAL KITCHEN, MARK BAYER, 6024 OLD VIKING BLVD BY RAINVILLE, SECONDED BY BLAKE; ALL IN FAVOR, MOTION CARRIED.
moved by Rainville, seconded by Blake
M6Council Member Rainville made a motion to deny CUP - Essential Service within RRA District, 8393 181st Ave.
moved by Rainville
The denial motion was amended into a motion to table before a vote was recorded.
M7MOTION TO TABLE CUP-ESSENTIAL SERVICE WITHIN RRA DISTRICT, 8293 181st Ave., UNTIL SEPTEMBER 8, 2020 WITH CLARIFICATION FROM THE ATTORNEY AND CITY PLANNER 30 DAYS BY RAINVILLE, SECONDED BY PILON; ALL IN FAVOR, MOTION CARRIED.
moved by Rainville, seconded by Pilon
M8MOTION TO APPROVE ZONING MAP UPDATE TO BE CONSISTENT WITH THE 2040 LAND USE PLAN BY BREYEN, SECONDED BY RAINVILLE; ALL IN FAVOR, MOTION CARRIED.
moved by Breyen, seconded by Rainville
M9MOTION TO ADJOURN AT 8:05 PM
When someone tried to remember earlier business, we cross-reference the corpus and write a short related-history note.
He was looking forward to watching the YouTube video of the Planning & Zoning meeting, but it hadn't been uploaded.
— Brandon Ebert
What this is about
Brandon Ebert referred to the earlier Planning & Zoning meeting video for the Carr's CUP and said it had not been uploaded.
The records I searched do not contain a Planning & Zoning record for “Carr’s CUP” or any note that a related Planning & Zoning meeting video had not been uploaded to YouTube. The closest matches are general references to Planning & Zoning matters in early 2026, including applications reviewed at the February Planning & Zoning Commission meeting and later placed on the March 10, 2026 City Council agenda, plus an April 28, 2026 Planning & Zoning interview note where a candidate said he had watched recent commission meetings on YouTube. Those records do not confirm the specific recollection about Carr’s CUP or a missing video upload.
Amundson said that he's done this before with city councils with the most recent being Alexandria where they were able to create a satellite division for Carr's Tree Service and some of those pictures were included in the documents to the Planning & Zoning Committee.
— Evan Amundson
What this is about
Evan Amundson compared the Carr's Tree Service proposal to a recent city-council process in Alexandria where Carr's created a satellite division.
The records I searched do not contain a prior city decision or discussion matching this recollection about Alexandria or Carr’s Tree Service creating a satellite division. The results returned were for unrelated packet materials, including Viking Estates resolutions and legal descriptions/easements, and did not include records of an Alexandria council process, Carr’s Tree Service approval, or Planning & Zoning materials with those referenced pictures.
Amundson didn't feel that there was any dialogue at the meeting. Basically, he came and said his part, some residents came up and said what they didn't like about it and then it was voted on. There was no opportunity for a resolution to any of the concerns.
— Evan Amundson
What this is about
Evan Amundson said the prior Planning & Zoning meeting did not include enough dialogue or opportunity to resolve concerns.
The records searched do not contain the specific prior Planning & Zoning meeting that Mr. Amundson appears to be describing, so they do not show what was said at that meeting or whether there was a vote on the underlying application. The closest match is the Planning & Zoning Commission procedures included in the February 10, 2026 Council packet. Those procedures say the normal process allows staff and applicant presentations, public comment, an applicant rebuttal, commission questions, and then commission action or deferral. For public hearings, the policy also allows the Commission to close or continue the hearing, deliberate, ask questions of citizens and staff, and either act or continue the item if more information is needed. The search results therefore show the adopted process contemplates dialogue and possible continuation, but they do not confirm whether that occurred in the meeting Mr. Amundson was recalling.
and to clarify the last meeting we had up there they had decided not to mix genders anymore and so each time we hear something the program is different
— Mayor Pilon
What this is about
The mayor recalled prior discussions with Bar None and said the current program information differed from what had been discussed before.
The records show a partial match. In the April 28, 2026 meeting packet, staff materials dated April 23 described Bar None’s current request for an amended conditional use permit and said the property’s use had changed to residential treatment and support for children and adolescents experiencing mental health crises or complex behavioral health challenges. The same packet listed Bar None’s DHS license as allowing 40 residents, with the licensed units serving ages 11–17 or 12–17 and the gender field for each unit shown as “Either.” I did not find a record in these search results of a prior council decision, vote, or written commitment that Bar None would “not mix genders anymore.” The records searched do show ongoing council packet discussion of Bar None’s program and sheriff’s reports about calls for service at the facility, including January 13, February 10, April 14, and May 12, 2026, but they do not include minutes showing a formal action on gender separation.
they talk about they closed an area they're closing another shelter in another place and bringing those staff and residents here and it's in it all the email also mentions that this is the path that they've been working on for 18 months well i would say if we go back and think about what we've talked about for the last 18 months we've been talking about some of the issues that are surrounding that
— Commander Heath and Mayor Pilon
What this is about
The mayor and Commander Heath discussed Bar None saying its new path had been under development for 18 months, and the mayor said that was not what the city had been discussing with Bar None during that time.
The records show a partial match. In the April 28, 2026 packet, Bar None had an application related to its use of the property, and the staff material said the property’s use “has now been changed” to programs for residential treatment and support for children and adolescents experiencing mental health crises or complex behavioral health challenges. The packet also says the city and county could not locate a prior conditional use permit for that broader residential treatment use, though Anoka County had approved a 1984 amendment for a dormitory when the site was described as a facility for autistic children. The same packet lists Bar None’s DHS license as allowing 40 residents. The records I searched do not include the email language about this “path” being worked on for 18 months, nor do they show a prior formal city decision approving a plan to close another shelter and move staff or residents to Nowthen. What the records do show is that, during 2025 and early 2026, the council packets repeatedly included Sheriff’s Office reports on Bar None calls for service and arrests, including the January 13, 2026 packet reporting 116 Bar None calls for service in 2025, up 16% from 2024, and separate 2025 arrest data showing 119 Bar None arrests.
have we gotten any firm follow-up on the the use permits and stuff that they're operating nobody can find anything they're saying there's nothing kind of in their records our township records my knowledge lawyer we haven't found anything at this point
— Council Member Blake and Mayor Pilon
What this is about
Council discussed trying to locate any prior township or city use permits for Bar None and said none had been found so far.
The records show a strong match in the April 28, 2026 packet for Bar None. The staff memo dated April 23, 2026 states that although Bar None reported operating a state-licensed residential treatment center on the property for more than 70 years, “evidence of a Conditional Use Permit or any other type of land use approval” for that use had not been located in either City or Anoka County records. The same memo did identify one related historical record: on October 3, 1984, the Anoka County Board of Adjustment granted an amendment to a Conditional Use Permit to allow construction of a proposed dormitory, conditioned on evidence that the development was acceptable to Burns Township. The memo says the property was then described as being used for “the operation of a facility for autistic children.” The search results do not show a later firm follow-up locating an original township/city use permit, and no formal council vote on that records-search question is shown in the excerpts provided.
just to reiterate that we did have a public hearing on this and that was the time to to bring that up and and as was said that earlier tonight that was the time for the give and take by the planning commission
— Mayor Pilon
What this is about
Mayor Pilon recalled a prior public hearing on the Carr's Tree Service CUP and said that was the time for residents to bring up issues.
The records I searched do not contain a prior public hearing or Planning Commission discussion matching Mayor Pilon’s recollection about the Carr’s Tree Service conditional use permit. The search results include unrelated 2026 Planning Commission appointment and candidate-selection materials involving Jeff Pilon, but they do not show a Carr’s Tree Service CUP hearing, public comments on that CUP, or a formal recommendation or vote on it.
<!-- PageBreak --> <!-- PageNumber="326" --> 1\. The City regularly receives inquiries from property owners, real estate professionals, developers and proposed purchasers ("Requesting Parties" or each
PLANNING AND ZONING COMMISSION FINDINGS AND RECOMMENDATION Preliminary Plat for Viking Estates APPLICANTS: Rademacher Companies, Inc 19680 Rum River Blvd Oak Grove, Mn 55303 APPLICATION: Request for a
APPROVAL OF AGENDA MOTION BY COMMISSIONER CARLSON, SECONDED BY COMMISSIONER BIES TO APPROVE THE AGENDA. FIVE (5) AYES. MOTION CARRIED. CONDUCT INTERVIEWS FOR THE VACANT SEAT ON THE PLANNING AND ZONING
<!-- PageBreak --> <!-- PageNumber="3" --> emphasizing the need to understand each situation thoroughly. Martell affirmed his belief in preserving wetlands and wooded areas and supporting the farmer's
<!-- PageBreak --> <!-- PageNumber="96" --> 7\. Pursuant to Section 11-4-2A1 of the City of Nowthen's Zoning Ordinance, accessory structures shall comply with all setback requirements of the principal
Every document and recording archived for this meeting.
Meeting City Council Meeting — Minutes (2020-08-10)
Minutes · 2020-08-10
4 pages
Meeting recording
YouTube
Transcript · 403 segments · 1:05:03
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