I'd like to welcome everybody so tonight to uh May 8th city council meeting with that with that I'll call to order the May 2023 city council order council meeting can you please stand for the pledge allegiance to the flag of the United States of America and to the Republic for which it stands one nation under God indivisible with liberty and justice for all thank you make a motion to adopt tonight's agenda second motion made second discussion for the motion all in favor say aye aye opposed we have an agenda item 4.0 presentations 20 23 34 the conduit bond for Nexus the first Diversified Community Services thank you Mr Mayor at the May 1st 2023 work meeting city council receives presentation from cities Bond Council Dorsey Whitney and financial advisor ehlers regarding requests for the city's participation in conduit Bond financing for the proposed purchase of the Camby Hills Facility by Nexus family healing the presentation about Dorsey Whitney and ehlers reviewed the process and procedures for the issuance of the conduit bonds both explained the legal considerations and assured that the city would have no liability exposure if we should decide to be the host City for this issue ISD 15 school superintendent Carson Anderson spoke and supported the need for the service to be provided by Nexus but had concerns regarding charges for rent State reimbursement of the isd's 15 cost for out of District students and Staffing for district provided services City Council Members questioned if there would be additional costs born by the school district to support these services and urge Nexus to work with ISD 15 to remedies matters Nexus and ISD are scheduled meetings for this week to discuss these items City had a meeting with the Nexus officials on Friday and we discussed some of these points and I think their first meeting with the school district is on Thursday of this week after discussion of the proposed participation of the city in this matter city council directed staff to schedule the consideration of resolution 2023 resolution relating to financing under Minnesota State Statute section 469-152 through 469.165 as amended on behalf of Nexus Diversified Community Services calling for a public hearing on the agenda for tonight's meeting this resolution authorizes the preparation and publication of a public hearing notice schedules the public hearing for June 12 2023 and engages Dorsey Whitney as our bond Council the resolution does not authorize the financing or Bond issuance for the project the vote for final approval will come after the public hearing on June 12th issues with ISD 15 and Nexus will attempt to be remedied during the interval between the two meetings the fear City can charge for to borrow for conduit Bond assistance and expenses is negotiable and will be discussed as once all the costs for this project are known staff recommends that city council consider approval of resolution 2023-34 resolution relating to financing under Minnesota statute section 469 152 through 469 165 as amended on behalf of Nexus Diversified Community Services calling for a public hearing has exhibited an attachment one well just to kick it off I'll make a motion that we approved resolution 2023-34 resolution relating to a financing under men's statutes section 469 1.152-469.165. a second motion made second discussion no discussion to the motion all in favor say aye aye opposed no that motion passes before we leave I just want to point out that Michelle Murray the president and CEO of Nexus are here in the audience along with Scott McGuire their Chief Financial Officer so if anybody has any questions for them they're here and available well is it in good order for me to ask Jim why he voted no I just think there's a lot of questions that are unanswered and until we have the answers I don't agree with it even with having a public hearing on the matter yep okay any questions for Scott or anybody have any questions for them while they're here has any of the numbers come in yet for anything relating to the taxpayers impact on schools or anything yet we had a meeting Friday with Nexus and I talked to the school district their business manager was out last week on military leave they did say that Nexus has reached out to him and they do have meetings scheduled with the school district beginning this Thursday to discuss those matters that were brought up in our last meeting I agree I mean I was at the meeting on Friday and I agree that there are outstanding questions there's no question about that and it and it relates to very specifically where our minds are at ease that if we were to go forward with the conduit bonding it would not obligate the taxpayers of this city to pay those bonds that's on the people who borrow the money they're just using our ability to issue tax-exempt bonds but what we don't want is the impact of on taxpayers of having an increase in the school Levy that's related to their unanticipated costs or something with the the services they provide to the Nexus facility if it goes forward so that's what our concern is but I'm just in the camp that I think we can at least have a public hearing and give people an opportunity to discuss it and hopefully by then have some more information too I might add two that I spoke with Dorsey Whitney today and they would like to appear before our May 22nd council meeting to do a presentation to give us an update and hopefully provide some of those answers at that time in anticipation of that would you be kind enough to send copies of the agreement between the city of East Bethel and Dorsey Whitney to the council city council member so they can review it before that meeting sure will appreciate it that's all and to be clear with this what we approved tonight is only approval for to conduct a public hearing it's not an approval uh we are not committed to approving it uh it's just The Next Step to go down the road that's correct this resolution only authorized the calling for the public hearing yes and nothing else any other comments questions I'm moving on then Jack um Item B a blast conditional use permit 21473 Johnson Street thank you Mr Mayor members of the council classic Construction Incorporated on behalf of our family holding LLC has submitted an application for the expansion to a blast Incorporated located at 21473 Johnson Street Northeast our family holding LLC owns curiosity Coatings a powder coating business currently operating in Elk River The Proposal consists of relocating the powder coating operation to the East Bethel site and constructing an 80 by 58 warehouse and storage addition to their existing building the proposed Edition would house interior storage and be the staging area for products either waiting to be powder coated and or waiting for pickup uh this property is zoned B3 Highway Commercial Business which allows uses associated with General retail shopping a blast Incorporated was and is permitted to operate by conditional use permit 2004-15 approved on November 17th of 2004. as a part of this conditional use exterior storage was limited to essential business related material as a condition an amendment to the original cup is required for the following reasons the business is legal non-conforming it means that the business is legal because it has a conditional use permit that was previously approved however current city code does not allow for this type of business in the B3 Highway commercial business district therefore it is non-conforming city council has the authority to determine if a legal non-conforming use can be expanded when a conditional use it intends on expanding its hours of operation number of employees expansion of structure and or premises or the operational modifications resulting in increased activities or traffic and Amendment to the original cup is required um the Planning Commission held a uh public hearing on April 25th and recommends the city council approved the conditional use permit Amendment with the conditions set forth in resolution 2023-27 which is included in your packet and there is a next step and we'll move on to that after we determine approval make motion to approve the cup a with the conditions set forth attached resolution 2023-27 motion made second motion made second discussion to the motion all in favor say aye aye aye opposed that motion passes item c a blast site plan review 21473 Johnson Street all right a site plan review is required prior to prior to issuance of a building permit for new construction or additions to commercial buildings greater than 25 percent of their existing building footprint as cited in appendix a section 4 12 site Crown approval the existing building footprint for a blast is 5 000 square feet and the proposed Edition is approximately 4 700 square feet so classic construction again on behalf of our family Holdings LLC has submitted an application for site plan review as required by the expansion for a blast Incorporated I could give you all the same details about where it's located and it's in a business Zone all of those things we just heard those things I can assure you that City staff has looked through the site plan that was submitted it has been sent to the city engineer for his comment and all conditions um as required by the city engineer will be met before permits are issued and at the April 25th 2023 meeting the Planning Commission reviewed the site plan and recommends approval to the city council with conditions set forth in resolution 2023-28 and the accompanying exhibits for site plan approval Mr motion make motion approve resolution 2023-28 approval of the site plan for a blast second motion made second discussion questions there could be any problems with this business if it ever sells because it's non-conforming um mayor council members uh any problems I I let me narrow that down if I can I I suspect we are dealing with are there going to be any uh problems uh given it's non-conformity in one uh location as zoned and then the permitted in the B3 um it's it's legal then it would be legal to new owners um obviously with that there would be uh you know issues again just like that here if there was going to be an expansion and so forth having to navigate that given that you have this type of situation if I can add um Mr Larson in an existing non-conforming or a conditional use would be permitted however it's underlying zoning could still be also used so it could be any one of our permitted uses in the B3 Highway commercial should a blast not continue operation so any of our approved items approved can uses in any of our businesses business zones B2 B3 light industrial may be an option for this this area as well um though the conditional use does stay with the land however so if a blasts were to relocate or move somewhere else that parcel of property does have the right to be under this conditional use whatever the operation was so there's a pretty wide variety of things that could actually happen should a blast leave our our city okay thank you any other questions or comments I just want to thank a blast for bringing the rest of your business down from Elf River thank you very much for coming to East Bethel and with that um fall in favor of the motion say aye aye opposed the abortion passes like I said thanks again thank you good luck peace 5.0 public forum Suzanne Urkel foreign Erkel I live on Okinawa street I'm a volunteering for the East Bethel seniors and they're doing a fundraiser sale a ticket for um to be drawn on booster days and I'm the point of contact it's for a beautiful quilt or a second place is a diamond art print and I just want to pass out flyers to the council people so you can pick it so what's up and I want everybody to know that I've got tickets available if anybody would like them I've been hitting up everybody or if you know of a business that's willing to post a flyer I'd appreciate a phone call on that too thank you nice to see everybody thank you thank you anybody else like to speak public forum but moving on 6.0 consent agenda they're motioned up inside agenda make a motion and approve the concern agenda motion made is our second I'll second I'd also like to pull Item B as in boy me too A A Little D as in dog d as in dog it's a remaining c and e all is in favor say aye aye opposed c and e pass item a I got a question on uh this month's bill we're uh Metro in that there are what one two three four what are what are they all for that's all for our internet service they provide everything that we do their total bill for the year is about fifty five sixty thousand dollars we were in the jpa with 30 different cities this group that jpa broke up so this group took over those services uh as a result too we also have one of their staff members at houses here two days a week that sir big I.T person so we have access to that service but it's all it's all for our internet service why is uh there's such a variance in in the billing it's broken 700 fire department is 1800 there's a couple more 500 in there it's broken down by the number of computers in each department okay well when I make emotionally prove item a second discussion all in favor say aye aye opposed that motion passes Item B is just a typo instead of city council work meeting it should be city council meeting and with that I'll approve Item B with the correction made and I also had a question on items okay okay um on the minutes it says it it's for the April 24th city council meeting and on page 13 of 14 which is also page 56 of the packet uh my point wasn't regarding and I mentioned when Carla was here there were two kinds two things one was typos and the other was where you're missing the point when you're doing the transcription my point that I made at that time wasn't that uh wasn't regarding meeting of Jack Davis and mayor Harrington it was regarding us needing to be informed when either or both of you have meetings with people outside on City related business we just need to be updated as to interaction with outside parties on City related business when you're representing the city so what it said was my concern was between you talking with Tim and that wasn't the point at all so just wanted to point that out and I'd like to see it corrected for the record since it is the record did that make sense what I just yeah okay made sense to me but I figured I'd ask if it made sense to anybody else other than that uh I got it I got something on that too when Carla was here I asked her about she said that she could put numbers on all the comments and everything yeah said it would be a lot easier for us to decipher when things are different and that didn't happen so is that going to happen that'll be on the next set of minutes okay good enough you want to say it or you want me to say it go for it with that I have moved that we approve item item D second motion made second discussion then item D is in dog Jim Aaron can you pull up the uh Planning Commission video on the screens for the 25th oops not the park sorry okay can you scroll through and to the where the interviews start I've had a lot of people call me and it was such a mess that they couldn't even watch the video you mean the broadcast anything yeah they were just so uh they asked me to bring it up and I will so we want to watch the interviews so everybody could see them and I just want to make sure that the volumes up Jack so everybody can hear it as soon as I find the spot I'll turn I'll turn the volume on okay I just want to make sure we get to the right you want me to go directly to the first interview yes and then play it out from there I think we're close here I've got these maxed out jacket you know you use your hands a bit too there all the time yes that relates to a meeting on Friday where he observed that I used my hands when I speak thank you if you want to sequester the second candidate we'll find him a comfortable conference room please and come get him uh when a comfortable conference room well uh thank you for having me here again um my motivation for seeking to see it on the Planning Commission is represent the interests the local community and work towards sustainable development that preserves the unique qualities of East Bethel I believe that prioritizing the needs of existing residents and homeowners can enhance the quality of life in our community and Foster environment or small business and home-based Enterprise thrive one of the biggest challenges facing East Bethel right now is finding ways to attract business or development that communities needs such as a small grocery store family restaurants or even Boutique retail we also need to find ways to address the high sewer and water fees associated with the water treatment facility which has been a major roadblock on Business Development could you repeat that please I didn't get what you said in the last sense I said um we also need to find ways to address the high sewer and water fees associated with the water treatment facility which has been a major constraint on Business Development as a Planning Commission member I would work towards exploring Creative Solutions to attract business and promote sustainable development in the era while maintaining the real character and culture of East Bethel I believe that transparency and fairness are critical to success of the Planning Commission and I would prioritize these values in my work on the commission I would also work collaboratively with fellow Commissioners and the city council to ensure that all voices are heard and that the needs of the community are being met I'd like to clarify what I mean about when I say sustainable development to me a sustainable development means a responsible approach to growth and development that meets the needs of the present without compromising the ability of future generations to meet their own needs it involves balancing economic social environmental considerations and decision making with the goal of promoting long-term well-being and resilience this includes prioritizing local small-scale businesses home-based Enterprises protecting natural resources and preserving the real real character of culture of East Bethel strengths and abilities would you bring to the Planning Commission thank you for the question I believe my experience and skills make me a strong candidate for the Planning Commission as a longtime resident of the area I have deep understanding of the community's needs values and priorities additionally my background in business and project management have given me the skills to effectively manage difficult tasks research complex information and work collaborative collaboratively with diverse groups of people one of my strengths is my ability to listen and incorporate feedback from others I believe that this is important to consider a variety of perspectives when making decisions that impact the community and I am committed to ensuring that all voices are heard additionally I've experienced in data analysis and research which I believe will be useful in making informed decisions and supporting evidence-based policies I also have a strong commitment to sustainability environmentally responsible development I believe that we have a responsibility to preserve and enhance the natural resources that make our community unique and I'm eager to work towards sustainable development that balances the needs of our community with the help of our local environment finally I have a track record of leadership and Community involvement including volunteering with local organizations I'll believe that my experience in these roles has given me the skills and perspective needed to effectively serve on the Planning Commission and work towards the betterment of our community as a Planning Commission member what do you equally Senate my role is to take feedback from the community and try to and follow through with the vision that that the residents want the hardest part of the balance is do we how do we how do we how do we balance development pressure from developers to come in and Gobble up all land as fast as possible with the wants of the community prioritizing grocery stores development that's a big need for our community or even small retail shops or strip mall things that would all improve business climate in our community recently the the city council was talking about a variance for a small businesses operating out of the home he's been looking for position a commercial spot in our community you can't find any and when you look around East Bethel there's nothing available we have no open commercial space all the lands locked up by by land holders and it's not being developed as a Planning Commission we need to find ways to free up some of the space to allow small businesses to grow and thrive we should act as a business incubator we have people working from home we have people working from their workshops find ways to improve their position and get them to commercial spaces so that the commercial rates I think I got this question last time it's my favorite what is your vision for the Highway 65 corridor well as a Planning Commission member my vision for the Highway 65 development Corridor is promote sustainable development that meets the needs of our community and preserves a unique character and culture of East Bethel I believe that the current zoning regulations which open up the land within one mile East and West to Highway 65 to nearly unregulated development are excessive and do not reflect the needs or wants of the residents instead I'd propose a more measured approach to develop to development that focuses on enhancing the quality of the life of our community while also promoting economic growth this includes exploring ways to attract small business that align with the needs of the community such as restaurants family restaurants Boutique retail and other services that cater to residents I think everybody wants a bait shop yeah or a sports store I would also prioritize working with developers to ensure that any new development aligns with our community's vision does not negatively impact existing neighborhoods rural areas or natural habitats this includes being mindful of the potential for sewer creep beyond the water district and implementing appropriate zoning regulations that encourage responsible and focused development ultimately my my vision for the Highway 65 development Corridor is to promote sustainable development that enhances the quality of life for a residents supports local businesses and preserves a unique character and culture of Eastbound thank you you want to do question five please do you hold any rules that could place you in a position with the conflict of interest as a Planning Commission number examples Financial family relationships or group groups engaged in community matters as of right now there are no local issues that would Place me in a conflict of interest situation however I strongly believe in transparency and accountability in the public sector therefore I will make it a priority to be aware of potential conflicts of interest that may arise and promptly disclose them to the appropriate parties as a Planning Commission member I understand the importance of maintaining impartiality and working in the best interests of the residents of East Bethel Ellis strive to maintain a high level of ethical conduct and ensure that any decisions are made any decisions made or fair and objectives if any issues do arise I'm committed to handling them with transparency and integrity and recusing myself can I just to that question please sure yep yep I am curious as to um a position that you currently hold which to me might be a conflict of interest and I'm wondering whether or not you would be willing to give that up in order to be a member of the Planning Commission I not quite sure what you speak of but uh if you're talking Bullman playing at deployment at Polaris no I'll be very clear then you are currently the moderator of a social media website for the city and I kind of consider that to be a conflict of interest because um as a moderator you can um control The Narrative of what is being talked about in the city um so my question to you is do you do you consider that to be a conflict of interest uh yes I do and last month I did step down that position I spoke with the other moderators and I said that uh this was potentially causing too much interference and I did step down so I'm no longer a moderator what's what's up okay thank you for allowing me to fill it out please yep that's a good question thank you for that mm-hmm so before we end other any any questions you have for us or anything you would like to add um I do um as a candidate for the Planning Commission I'm interested in knowing how the commission plans address ongoing animosity between both the commission and the city council I heard some ideas today about a work meeting and I think that would probably be you know a a good idea to actually have heart-to-hearts rather than speaking in official terms and maybe being misinterpreted you know having interpersonal relationships or even actively reaching out with a um reaching out to the people that maybe there's conflicting ideas with what my question is um as commission members what steps do you as a group plan to take to improve communication and collaboration between the two bodies and how do you propose to move forward in a way that benefits our community as a whole to answer your question yes that in you know as you heard we have talked about having those types of meetings we've had them in the past again they don't always get agreed upon we've like I said had good meetings in the past we've had ones that that weren't as well where that wasn't there um I guess for me and again I'm not going to speak for the rest of the body as far as the communication back and forth whether it's during a meeting or outside of a meeting that's a two-way street I think we've been very clear we've been very respectable of everyone's opinion on it and in the opportunities when we've had to voice our opinions whether it be at least for me specifically during a public hearing or open Forum at city council when I had something to say I use the right Avenue to do that in without you know grabbing them out right outside the door or waiting for them or anything like that so use the appropriate channels but again when there's opportunities as well during things like Council report as a council liaison is meant for as part of that communication they're they're here to help from my impression they're here to help relay what happens in these meetings to their meeting and in the last few years again my personal opinion has been that what we've discussed or what the feelings were when going back and looking at the meetings was not reiterated back to the city council or at least in the manner that we did or it was brushed over especially when we had things with great importance so again I I'm going to throw that back and say that that is a two-way street and again that obviously it's welcome to have any conversation but again that I don't think we've ever closed that door to have that discussion and in recent meetings we have had lack of you know what our liaison wasn't available when the council update was here I would say also I'm just um I don't know surprised with a question that is asking us how we're going to improve communication it was do you have it written down do you want maybe you want to restate it that's but that's my impression is that you're asking us how we're going to improve communication is that correct yeah you know I've been watching all the statements being made and I I feel like there's a lot of real sorry attitudes on both sides and I don't feel like it's reparable unless people are committed to repairing it and and holding out and fighting is not serving the best interests of our community you know I I recognize that some of the new people on the city council might not have the same visions of people on this group but ultimately I know that they want the best for the residents of East Pathologists as all of you how they want to get there might not be the exact same but you know the goal is serving people in East Bethel and so ultimately you know the standoffish attitudes and it's on both sides I'm not going to say it someone and I hope nobody's shocked by that I think that I think we all need to you know figure out a way to just kind of drop it Mr writer do you think that you're part of that communication problem though also I feel like there has been a lot of factionalization in our city there's been a fractionalization the actualization okay of attitudes so yes I I am part of that right I I'm glad you acknowledged that because there are some things that you've said in social media one I can think of in particular is where you said that Mr Terry came and demanded a new Leah liaison he did not demand anything I don't think Mr Terry has ever demanded anything it's like but that's what you posted on social media so do you think that's appropriate I'm well considered in my statements and I watch these meetings over and over again every meeting you have every minutes and I watch the videos multiple times my feeling was he came off and he was saying this is not going to happen this is unprecedented and and that the words that were said saying there are just words that shouldn't be said in a professional setting they are they're too toxic and if they're not they're not seeking to find common ground and I'm saying this it's we need to work for the best interests of our community personal politics aside the election was very passionate a lot of people got very passionate but the differentiation that people had to take it's done now we need to come together and focus on on the future and that's that's where we need to be you know and we can say well nobody's called Jim Smith a liar but it was implied and it's right in those minutes that was implied we can't do that to each other you guys don't like being called out like that then we shouldn't be calling anyone off people are here to serve the community they're different but they have good intentions and I think we need to focus on that and we need to get bypasses I admit I haven't always been on the up and up with my communication but I'm not the only one I think that doesn't matter though what matters is what you say and what so so you know I'll say right now I have the same world view as Mr Lewis as Mr Miller as probably Mr Smith I don't know is but we have very similar World Views maybe some other people here don't well let me express my worldview I live in a rural residential area and there was a development that was supposed to have 30 houses on it and it got turned to 230 rental units in about two months of time there's a lot of residents are upset with that and that should have slowed down that's why I want to be on this commissions try and slow things down when they're moving too fast there's a lot of people that are really upset about that town home development yes we need it for for our water but it might not have been the best approach you know we lost a Road Commission because they were trying to slow it down on on road surveys do you think that the property owners have rights to to build what they what is what is within the confines of the build out to build a development that is so out of place in our community there's nothing like that nothing that's going to be a completely different type of Zone than anything we have I'm going to stop there for a second and and this is something we've come across again over over a number of years and this is where I go back to letting letting procedures and processes happen because we do have to allow what's legal to go on and as she pointed out you know a landowner property owner having the ability to do what is within their rights to do we do have to allow that I'm not going to bring up every example over the last decade plus but again there are those things so if a landowner sells to a developer and that area is zoned something specific and it fits the guidelines unfortunately it's not what everyone always wants and sometimes it is also still at the best interest of the city and we have to allow for some flexibility to allow for developers because if you pigeonhole them into something so small and so specific you might not ever get that and that's what actually pushes developers out based on you know past my past history from what I've seen so I'm just going to caution everybody to please remember that sometimes it's not always what we want on our personal beliefs but what we need to allow based on what is currently in the coach and yes if things need to change to change it but we can't change what's already happening and we've and we've been sued for that before and gone through that process and if we didn't allow businesses and landowners to follow through with that process which includes applying going through meetings here and sometimes meetings at Great Lengths it's not that we always want to be going through that but we have to we have to allow that just like today and again to again again earlier allowing letting Glenn speak his mind briefly on this topic but I how I also preach that we need to keep this process moving forward whether you know whether we all like like it how it's going or not we still need to keep moving forward because this is what we have before us and this is why again we are an advisory committee it's not lost on anybody here that again we work at the behest of City Council and for our city at large no one here I don't think has a Personal Agenda about wanting something specific somewhere anywhere and again I'll apologize if I'm speaking for my council members out of order here but again I think given my history here everyone has the intent of just trying to do what's what's best and what's right and what's legal so please keep that in mind too we just want I don't mean to imply that you guys have confidence but we do need to keep moving this forward too okay well in conclusion I'd like to thank the Planning Commission for their time and opportunity to share my vision for East Bethel I believe that my experience commitment to sustainable development and local community involvement will be a valuable asset to the commission I'm excited about the potential to work collaboratively with other members of the commission and the city council to address the challenges facing our community including balancing the needs of property owners with those of the broader community uh thank you very much thank you thank you thank you Aaron can you grab them Jack did they get this recording fixed yes so everybody to step out I run the meeting Jim not here pardon me for stepping in please I don't think it's necessary because he's already heard the questions yep I believe that was the um but I if the committee wants to or the commission wants to have him move and don't bother me I was trying to remember from our last meeting it's been a few months now so I couldn't remember I think traditionally we have okay I mean we have in the past we didn't now we can Grill Eldon turn the lights up remember Eldon we're just going to go through a series of six questions I'll start here we'll just go around the find the horn and answer so again thank you for putting putting in the time tonight uh why are you interested in becoming a commission member for East Bethel fairly simple fairly simple I was on the commission for quite a few years I missed it I excuse me quickly commission to help some underprivileged children to have a better life which I thought was more important than what I was doing but I do miss it you know I know most of you except for Gabriel pretty well you know me you know what I'm gonna be like um I just like to be on it and I believe I know what I'm doing and that's why thank you what strengths and abilities would you bring to the Planning Commission well my first strength and Main strength is to do what's right for the people of East Bethel that that's the main goal no matter what happens here whether I'm on the commission or not whatever's right for the people my strength is I've been chair I've been on the commission quite a few years I know like again I say I know everybody except Gabriel and um I feel I know what I'm doing as as a Planning Commission member what do you believe your role is as representative of the city do what's right for the people period 11 over 11 000 of them so there's a lot of work and what's your vision for the Highway 65 corridor oh boy well I was on the Planning Commission when we first started this so and it's changed a lot and obviously what's happened is changed thoughts and everything else but I think we're down going down the right Road and uh hopefully we can get people to uh to come to East Bethel thank you do you hold any rules that could place you in a position of conflict of interest as a Planning Commission member I.E Financial family relationships or groups engaged in community matters I have no no I mean I get along with pretty much everybody most of the time not all the time but um no no big deal as a follow-up are you part of any social media Pages or anything that would happen I was getting there I was getting there I got your support okay so okay I'll tell you one thing I'm on Facebook and if you go on my site you'll see what I'm up against I mean you'll see what I'm about I don't want any conflict um most of my stuff is funny stuff and trying to be a joke well I used to be a clone so I used to be Aqua Jester so but um no I there's too much of the garbage on Facebook it's I don't know how people can put up with all the garbage on there it's pathetic it really is do you have any questions for us or anything else you would like to add well the only thing I'd like to add is I know like I say I know most of you been on the board commission with everybody here except for Gabriel and um you know what I like you know that I try and do what's right for the people you know that we've had our differences but we still work together and that's the main thing for the city thank you thanks Sheldon thanks for playing that there was a lot of people like I said I had calls that nobody really knew what was going on there and uh I hope that everybody can figure out the right decision that I have in my mind but by watching the two interviews I uh I will make a motion to deny Eldon Holmes as the planning commissioner motion made is there a second I'll second it with your thanks for your previous service to the city motion made second discussion I want to say it's nothing against you Eldon I know you've given a lot of years to the city and I thank you for that I just believe that in my vision Joe has different outlooks like we do and that's why I made my decision is it emotion all in favor say aye aye aye opposed that motion passes I'll make another motion to put Joe Rider on the Planning Commission effective immediately motion me was there a second I'll second it what's your main second discussion yeah so why Mr Ryder he's an extraordinarily sharp young man one of the sharpest young people I've met uh he's a naval veteran disabled Navy vet and um he just impresses me a lot in his research skills he was an analyst in the Navy he did Intelligence work and his research skills are second and known among people I've run across and increasingly those skills are going to be valuable to the Planning Commission if it does what it's supposed to do in the future that's my thoughts I'd like to add that I'm actually taking some of Brian's advice when he talked about interviews and how important they were for making decisions and I'd have given it a lot of thought and I have the sales impressed with with Joe's interview it really was it was a big part of my decision well can you address his uh online postings because most of his online postings are not fact fact there's a lot of fiction in there there's not a lot of times I disagree with you he just did it this weekend I disagree well this weekend there's there's one that I would like to bring up um Ms crepus was denied the seat because of things she said about city council apparently um Mr Raider made a post accusing the city administrator City attorney ghost riding newspaper articles for the local newspaper so one resident did email the writer and the writer said no the city administrator let's say attorney is not writing my articles oh I'll ask the City attorney did you go straight any articles wasn't talking about Eric dates back to Chris doesn't it Chris Nelson no it wasn't Eric it was Chris Nelson or it was Kevin it was after him remember we had Chris Nelson and we had Kevin and then we had Eric but well one I'll address your question I get your question and we're not we're not we're not appointing Joe to the Planning Commission because he's the second coming of Christ or a perfect person or something I didn't say that uh just that he's capable and he has a a significant interest in working in this field and we think he should be given an opportunity to do so does he I've talked to him about he goes over the top a little bit sometimes as one of those people who occasionally is accused of doing the same thing I can relate but uh that doesn't take away from a person's other qualities well apparently he did for Miss crepus well no that was that was uh I can't believe we're six months later five months later we're still rehashing this thing oh you keep bringing sewer and water that was 12 years ago anyways well yeah Mr reader we're paying over a million dollars I met Mr writer accused the City attorney and into this situation so Mr writer apparently was not true when he accused the city administrator so says the writer of the article do you ever ever have questions about I don't know articles you read in newspapers whether they're but I don't go online I don't go online and accuse anybody of ghost writing anything well he got a reaction out of him maybe that's what he was going for he was he was not as a planning commissioner or anything he was as a guy on Facebook I see a lot of stuff I mean you want to you want to talk about accusations being made I think I I can attest to the fact that it's unpleasant but it comes with the job you know grow up deal with it you know so you don't see me getting on there and having a fit over people yeah neither do I you know this is something that he lied about the city he lied about city employees he exaggerated no oh you're you're saying it's a lie because the guy who wrote the article says no I didn't talk to Jack or I didn't talk to the Christian did you write any of the Articles no well we can get in touch with the previous City attorney I'm sure they would deny it as well they did talk to the writer we have evidence of that well there's talk in there's ghost writing I don't think so maybe collaborative would have been a long term no that's but either way either way it's not the intent of that Joe Ryder is going to be appointed and if it turns out to be some kind of debacle well he can be removed too so in the uh interests of transparency I know you've talked about nepotism and cronyism did Joe writer work in your campaign he provided Facebook Consulting because none of us were glib with Facebook I've never been on Facebook in my life so I wanted to be so he worked on your campaign he consulted on Facebook he made a post he did Facebook design the campaign he made a post on Facebook saying I literally worked on their campaign Brian maybe you spend your whole life on Facebook I don't you want to drag this off the topic the point is whether you like it or not he's going to be appointed to the Planning Commission well I'm asking because you don't like nepotism you've stated you don't like nepotism is that correct not to have some cronyism is that correct enough for you I've had it with you with your crap mayor uh council members I do recall that uh um there's been some sessions where you've wanted to have clear minutes in order to have clear minutes you need to make sure that you don't talk over each other and while I have the floor since the question was posed to me I just want to make sure that is clear for the record that I have not written for anyone at least during my tenure uh with this body which has been two and a half months um I think this was also a good opportunity for me just kind of interrupt and then bring back to the floor to this Council thank you thanks sir thank you you're with them I was just making the point that so far the only people that have been appointed was Miss Urkel who was your running mate and now Joe reader who worked in your campaign what a shock that people would want to work with people that that doesn't what a bizarre and that doesn't fit the definition of nepotism or cronyism yes or no yes or no does it fit the definition I don't know what's going on in that head of yours I don't know yes or no question I call the question let's vote it's an emotion to nominate Joel reader for the Planning Commission all in favor say aye aye opposed I that motion passes 7.0 new business variance request 1941 East Front Boulevard thank you Mr Mayor again and members of the commission let me get to uh this up for you [Music] on May 16th of 2022 the city of East Bethel prior to my employment with the city received an application from the owner of the property at 19141 East Front Boulevard Northeast to allow the upgrade of an existing Outhouse to a Type 3 sub subsurface sewage treatment system it's a mouthful to make a cabin a future habitable residence due to the size of this .17 acre lot the proposed system design included the placement of a box Mound which encroached on property lines and required the city permission or a variance for its use City staff subsequently approved the permit and the system was installed in July of 2022 during a final inspection it was noted by the inspector that the installed septic box Mound was constructed within the required setbacks and that a variance for a reduction of a side in front yard setbacks should have been sought and approved prior to its installation as the new city planner in the end of July at my request the applicant applied for a variance after the fact for the setback encroachments City staff began to gather information in preparation for the variance public hearing inconsistencies were discovered in the existing survey from 2004 which was on file and the drawing submitted with the septic system permit application and what was actually built a site visit was conducted for the purposes of confirming measurements and City staff concluded that the site didn't match either the 2004 survey or the drawing submitted by the septic uh designer and applicant City staff contacted the applicant and requested a new certificate a survey be completed that's attachment four in your packet the new survey identified that the septic box Mound was not only encroaching on the front and side yard setbacks but a portion of it was also constructed in the city right of way City staff consulted with the then City attorney Chris Nelson to determine the best course of action to address the circumstances it was recommended the recommendation of the City attorney that in addition to requesting variance approval that a license and use agreement would need to be drafted to authorize the use of the portion of East Front Boulevard City right-of-way the applicant is requesting a variance to reduce the South Side yard setback standard from 10 feet to zero to three feet the north side yard set back from 10 feet to 6 to 7 feet and the Western Front property line set back from 10 feet to minus half a foot to 1.7 feet for the placement of the septic box Mound the system meets setback requirements for neighboring Wells consideration of a variance requires a three Factor test for practical difficulty the first factor is a test of reasonableness which means that the landowner would likely use the property in a practical way but cannot do so under rules of the ordinance in this case septic systems are required for a home to be considered habitable the approval of the variants would allow this property to be used for residential use the second factor is a test of uniqueness the issue for the variance is due to circumstances unique to the property and not caused by the landowner the uniqueness generally relates to the physical characteristics of a particular property in this case the property has limited space for a drain field due to lot sizes created by a 1920s era plat there is an eight foot change in elevation from the front lot line the East Front Boulevard to the ordinary high water level Mark at the shoreline Minnesota statute requires that a subsurface sewage treatment system constructed in the Shoreland area must have at least three foot of vertical separation distance between the redox features or evidence of groundwater and waste water saturated soils of the distribution medium this property's redox feature was located at 1.5 feet or 18 inches below the existing grade at its deepest location at East Front Boulevard the current setback requirements for Wells and structures as well as the DNR Lakeshore regulations also make it unique the third factor is that the variants would not alter essential character of the neighborhood this factor is used to consider whether the resulting structure or Improvement would be out of scale out of place or otherwise inconsistent with surroundings when applying this test to a setback reduction the visual impact or use of a building or an improvement related to surrounding dwellings is the emphasis of this assessment for example when thinking about a variance for an encroachment into a setback the focus is how the particular building will look closer to a lot line and if that fits the character of the neighborhood the Lake residential district has had significant number of variances issued due to smaller lot size and the age of the neighborhood zoning and setback changes have occurred since this neighborhood was originally planted in 1925 which has led to a variety of placements of structures fences and Landscaping foreign as an example a neighboring property at 4640 East Front Boulevard was granted a license in 2012. which is attachment eight of your packet to use a portion of Sylvan Street for placement of a septic tank piping and a new deep well in order to upgrade a failing septic system on the property due to limited lot size and in 2012 the setback requirements were narrower than today's current regulations the Planning Commission uh was scheduled for a public hearing on April 25th of 2023 City staff took numerous phone calls as a result of the public hearing notices publication and its distribution there are various levels of support and opposition for the septic box the Planning Commission held their public hearing for the variance request for the installation of the septic box Mound within the side and front yard setbacks at 19141 East Front Boulevard the applicant spoke of the incompleteness of the project and their intent to continue to improve the property five residents signed up and spoke in opposition to the variants for a variety of reasons the planning commission's recommendation by a 5-0 vote was that the city council deny the variance request City staffs requesting that Council make a determination on the variance request for the standard to allow the installation or or allow the septic box Mount to remain at the South Side yard setback standard from 10 feet to zero to three feet the northern side yard set back from 10 feet to six to seven feet in the Western Front property line from 10 feet to a half a foot to 1.7 feet for placement of the septic box Mound with the following conditions as I mentioned we do have a current certificate a survey which indicates the location of the current septic system and a monitoring and mitigation plan has been submitted by the septic designer and would be approved a denial and an approval uh resolution have been included in your packet and I'd be more than happy to answer any questions that I can is there a motion so that we can start discussion I'm I move that we approve resolution 2023-19 denying the variance second motion made second discussion has there been any Steve Voss is probably the best person in the room to ask us of oh with your background has there been any progress on new Solutions new ways of approaching this that would make it better for all the people on Front Street oh okay all right Aaron I guess I got how did he get this far with you you know putting that in there with no variances I mean Mr Mayor I don't realistically know I was not employed with the city in May when the application came in uh I was a an intern in the end of June by the end of July I was made the city planner when the final inspection was done uh and here we are today so I can't Well Jack was here what's your read on how this happened after this was approved uh and we didn't know anything about it until I didn't know there was an issue until it started construction uh how is it how was it approved what was what happened we had an inspector go out and look at it and approved it and there was a misinterpretation of him all the setbacks he made an error and it was approved and that was in the life of the city was there a site plan review on this before you issued a permit uh there was an inspection done later by another member of the building department and it was approved uh I think they thought there was a variance that was issued so who's apparently a miscommunication there so that's where we wound up so as a certificate of survey was that done after they had put it in correct before after after should have been done before yeah but as I said uh Mr Smith the the survey that was on file what was submitted by the septic designer those numbers did not match up after I had a chance to review it so then we requested a third certificate a survey to try and determine which one was right which one was wrong where the where the error may have come up so there were some differences in measurements between all three of the surveys um I can only Venture that today's surveys are done through GPS versus uh the old-fashioned transom and stick that were done probably even back in 2004 so I think as we progress we're going to see more accurate measurements than we've ever seen before with GPS options so that's that's my assumption as to the difference have you heard anything about somebody moving a surveyor stake as part of this whole process um one of the um uh public one of the residents who spoke up at the public hearing made a um I don't know if an accusation is the right word or made a reference to the septic installation company moving a stake um the pictures that I have if I can show you um this is what the this is what the property looked like prior to the um current owners purchasing the property and this is the current situation that we're looking at if you can see there's a Red Stake a pink flag sorry on a stake here and there's one on this corner right here um my assumption is that the property pin is right at that corner and likely would have possibly had to have been moved in order for the box to be right on the property corner I wasn't there when it happened you can see in this illustration as well or this picture that I took it's right on the corner do you have any sense of how this is going to turn out either you Gentlemen Just based on your experience um it's an unfortunate situation it sure is yeah um what I know um Mr Lewis is that um Kevin's fine Kevin okay um uh this uh septic box design was submitted by the designer because a traditional um Mound system would not work right the location where the deepest soils the 1.5 uh foot of or 18 inches of soil was found at the top of the hill up here um so that that's realistically the prime location to install something so a variance would be needed for that alternatively there are other potentials um much more costly uh which include holding tanks holding tanks also require a variance because they're not a type 2 system that's that's acceptable by the mpca so we would we'll we would be back here for another variance hearing uh should this box Mound be removed and we have to move to it or the applicants have to move to a tank system um I I do have some um information on costs associated with pumping tanks and those kind of things so there are uh some additional costs beyond what a mound or a box Mound would provide the homeowners there's going to be additional pumping requirements maybe from every couple of years to maybe every three weeks depending on use based on the size um I do uh I did take a drive through the neighborhood and uh took some images of some other structures and or vegetation that are located in the right-of-way if you will along East Front um as maybe potential options to camouflage a whole lot of ground covers that's kind of my my proposal as you can see these Hedges were in Spring they haven't quite flowered or bloomed yet but I think that that would provide some nice coverage potentially here's an arborvitae hedge uh just around the corner um here's a retaining wall here's a fence at the property line with a chain link at the other side and you can see some items here that are definitely within the right-of-way of the city here's some landscaping that's also on the same street there are some new Evergreens planted here I'm assuming they're right at the property line um here's some more vegetation within the 33 feet of the right-of-way here's another set of bushes um offense another fence another line of bushes and then I just for visual purposes pasted in a white picket fence that that's four feet high that would be allowable by city code in front of the septic box as a potential screening option uh to the applicants should this variance be approved again I point out that that's the an option uh vegetation is also an option but again I just wanted to point out that um let me get to the right slide here yeah right this this was the view uh prior to the installation um and like yeah prior to is is it Steve you live on the road again it's for the record here I'm speaking to former mayor Steve Voss and uh you live on the road have for a long time you know the neighbors involved what do you see as a resolution for this that's going to make everybody happy is it just the people who bought it are out of luck or what discussed is the fact that that septic eliminated the ability to have a driveway from that property oh yeah yeah there's an amusement they're driving in on the city Eastman aren't they well that's what they improve so okay yeah you're right I forgot about that this eliminated and don't they have on the beach Jack you can probably there's a lot of holding tanks that properties area on the small ones right correct me if I'm wrong yeah there's several holding tanks um just have the holding tanks on Front Street right yeah I don't know about Front Street there's probably more over in the Lake Beach area but uh you know holding tanks are used where you can't get the septic system in because of the setbacks soil depths or other constraints on that type of system for their placement on these little small tiny Lots you know it just sounds like one of those situations with just a damn shame that's about it because I don't know I can't imagine how they're all gonna everybody's going to be satisfied I can't imagine glad I'm not in that middle of it and ironically lashinski is coming over to pump Arsen big thing tomorrow yeah tell them to keep the backhoe out of there so if I've got this correct the res uh uh motion was to deny yeah um okay for them on the motion to deny the variance all is in favor say aye aye is there a second yes there was a second opposed that motion passes it's a tough one number two ordinance amendments please give me one second here yes sir page 92. okay on April 25th 2023 the Planning Commission held a public hearing and it reviewed proposed amendments to the zoning code at the request of this East Bethel City Council the Planning Commission discussed suggested amendments and had the following recommendations uh let me see if I can bring up uh Article 5 Section 74 article four excuse me article four uh section 74-95 uh there was a proposed amendment to the um septic um identification or septic uh identification and upgrade of sub standard sewage treatment facilities or facility the Planning Commission discussed The Proposal of the city council and the recommendation was only to alter suggestion subsection C uh and I have provided that recommendation in the red line format in the staff report the conversation surrounding the subsection C basically revolved around the proposed language that if a property owner the concern was that this would dissuade owners from applying for any building permits under the premise that the property owners will risk not applying for a permit because of the word if is suggestive therefore the recommendation was to strike if a property owner and replace it with when a building permit or variance is applied for that affects the capacity of a subsurface treatment system it must be evaluated if the system is substandard it must be upgraded before the permit or variance is issued that was the only suggested change to the proposed amendment to that article 4 section 74-95 I don't know if you guys want to take these one at a time or if you want me to go through them all and address that one okay since I brought that up I I like the wording that they did put in there versus if a property owner because when a building permit is pulled so it's kind of General even for contractors and everything else so that is good so if we add this tonight we can get this approved tonight as well right you can you can uh yep there was a public hearing held uh and then their Amendment recommendations to you so you can make the motion to approve or based on the recommendation and the completion of the public hearing okay I'll make a motion for article 4 section 74-95 for approve it's okay motion made second discussion just for clarification that's with the recommendation of the Planning Commission change okay yeah that emotional all in favor say aye aye opposed that one passes all right uh the draft the next one was section uh um article four section 14 subsection 5 on detach accessory structures after discussion of the proposed amendment the removal of section 5A was agreeable to the members of the Planning Commission we're just striking out um the temporary storage for an Agricultural Zone they agreed that that change was acceptable the move that we approve article four zoning section 14 sub 5. motion range is there a second second discussion emotional all in favor say aye aye opposed the motion passes all right in regards to the last two proposed amendments to the uh zoning code uh the Planning Commission had reached uh nearly the four hour time window uh and there was a lot of ongoing back and forth conversation uh regarding these two proposals um I could not get a read on any one of the uh Planning Commission members to determine if any of them were even making a recommendation at that point there was a lot of um yawning yes and so um without any formal recommendation my request would be that we kick these two back to the Planning Commission for the um May meeting for further discussion and a formal recommendation on the proposed changes when they have a fresh mind and uh and haven't sat here for four hours well I'll make a motion that we send the proposed changes to section 74-95 and Zoning section 14 sub 5. back to the Planning Commission for further consideration I think we just approved those two you want to kick section 24 and 20. like I said you want to kick them all back no no okay I'm reading the wrong place excuse me zoning section 24 exterior storage light industrial B2 and B3 districts okay and also Article 4 zoning section 28-architectural standards send both of those back to the Planning Commission for further consideration very good they're motion laser second second discussion sure if you want to come up you all know I'm Brian bazansen East Bethel 88 this has an impact on economic development also I would I'm gonna I have not had an opportunity to contact any other Eda members I see that Suzanne is back there I think the Eda should look at it also because I can't think of anything as someone who is a building professional who has built millions of dollars of commercial buildings that's more important than what your architectural standards are in this in that zoning District salt I'm going to ask the Eda to take a look at this also just letting you know well is it possible for you guys to look at them those of you like yourself with experience and interest in doing so and then Consulting the Planning Commission as opposed to having a whole separate session because you guys only meet once a month I don't I guess let me I'm just thinking we have a meeting a week from tomorrow okay in the swing of X but look at how long it takes to pull a commercial building permit and I don't believe that we have anything that I have heard of that would be impacted from this by a lo you know to me this is a lowering of Standards so I think yeah I think we could work on it together yeah yeah I'm not opposed to that the more advice we can get on it the better especially from people with knowledge of it yeah I'm all for that okay yeah I mean I've got we take your point I've got 30 years in commercial construction well that ought to do it from swinging a hammer to reviewing bits yeah thank you yeah thank you useful input do you want to mend out to include Eda to Inc in to include Ada input from members of The Economic Development Authority as an applying Commission yeah to to the Planning Commission I have asked the other members of the Planning Commission you know whether you know I suppose I could on a telephone call to see if we want to add some stuff added to this coming Tuesday's meeting you mean talk to other members of the Eda yeah I would think that would be the way to go yeah our Planning Commission doesn't meet until the last Tuesday of the month right before that so we could take any formal recommendation from the Eda to the Planning Commission meeting at the end of the month yeah and we we can just set that as an agenda item on the Eda we don't need to make any notifications we can set that as an Eda agenda item and you know if it gets there and they don't want to discuss it they can pull it and reset it for another date but it would help expedite I think if we moved so do we even need to mention my motion no no thanks Brian [Music] well when I send the agenda out this will be an agenda item yeah so we don't unless somebody has something they want to add we do the agenda then if it's not favorable DEA they can just pull and say you know we're not going to discuss this tonight but we will give them a heads up thank you to the to the emotion Kevin made all those in favor say aye aye aye opposed that motion passes thank you Brian Department reports 2024 Parks Capital Improvement plan thank you Mr Mayor the Parks Commission prepares an annual capsule Improvement plan which updates needs and costs proposed projects evaluates priorities it establishes funding for those words for the coming year and for each of the subsequent years for a five-year period this plan is presented the city council for their approval and using the preparation of the 2024 budget this plan was reviewed by city council at the work meeting on May 1st attached in your packet again is the 2024-2028 parks Capital Improvement plan developed from discussions at the March 13th and April 11th part commission meetings and the May 1st 2023 city council work meeting approval of the plan only commits the city for projects identified for 2024. projects Beyond 2024 are for planning purposes and will be reevaluated annually for funding prioritization during Capital Improvement needs and assessment in the planning process the budget includes a proposed general fund transfer of one hundred thousand dollars for parts capital projects for 2024. this is subject to city council approval it's anticipated the Park's dedication fee from developers will provide an additional forty thousand dollars to the Park's acquisition acquisition and Development Fund for 2024. the parts commission both unanimously to recommend the attached 2024-2028 Parks Capital Improvement plan for approval by city council is there a motion and make a motion we accept this motion meters are second second most made second discussion all in favor say aye aye aye opposed that motion passes 2024 roads Capital Improvement plan staff prepares an annual Capital Improvement plan which updates the needs and costs of proposed projects evaluates priorities and establishes funding for those works for the coming year for streets and Roads and for each of the subsequent years for a five-year period this plan is presented to city council for their approval and using the preparation of the 2024 budgets attached to your packet is the 2024 or 2028 Rhodes capsule Improvement plan approval plan only commits the city for projects identified for 2024. projects Beyond this data for planning purposes and will be reevaluated annually for funding prioritization during the Capital Improvements needs assessment and planning process this item is also discussed that the city council worked meeting on May 1st the budget includes the proposed general fund transfer increase of fifty thousand dollars for Road Improvement projects for 20 to 24 subject to city council approval staff recommends the attached 2024-2028 Rhodes Capital Improvement plan the city council for their consideration and approval is there a motion yeah I'll make a motion that we approve the roads Capital Improvement plan 2024-28 Rose Capital Improvement plan second that what's your main second discussion it's an emotion all in favor say aye aye opposed that passes uh G1 me opioid settlement the city's participation in the National opioid settlement was reviewed our April 3rd 2023 work meeting this discussion was prompted by the league of Minnesota cities as part of their follow-up to urge cities to sign on to the settlement agreements the city contacted the league of Minnesota cities requesting background information on this matter to support a presentation to city council the comments submitted by the Minnesota Minnesota attorney general's office to bring this matter the city council were insufficient at that time to justify the request as an agenda item this response was relayed to city council by email on April 13 2023 Rhonda sivaraja Anoka County Administrator contacted the city on May 3rd 2023 and requested that East Bethel consider signing the national opioid settlement participation agreement to ensure maximum funding for the county allocation for this program even though East Bethel would not receive money from the settlements we were being encouraged to approve and sign the agreements to maximize the county share of the funds if all cities over a population of ten thousand sign owners of settlements or at least their claims against a particular five parties identified in this settlement it increases the total pool of money that these parties must pay in the state of Minnesota funds allocated the state are then distributed to the county this money would then be used for County public health programs embedded social workers and City police departments the lock Zone purchases and many other efforts to remediate the effects of the opioid epidemic the city of East Bethel has no mechanisms in place experience or means to implement any use of these funds from the settlement would but would benefit from having these programs available for our residents we've been informed that we would bear no expense for endorsing the program or allocating our share of these funds to the county is intended this round of settlements is the last time City councils will have to approve a memorandum of agreement while in approval of this new memorandum agreement city council law abilities simply to authorize staff to join and not join opioid settlements as they appear subject to all terms of decrements the deadline for signing has been extended to May 9 2023 to accommodate the county request and have all our cities as a signatory as a settlement agreement City attorneys stated he sees no reason why the city can't or should not sign these documents state of Minnesota is projected to receive 245 million dollars from the settlement and I'll bet them out Anoka County will receive approximately 8.5 million East Bethel again would not receive any direct allocations but by signing they would potentially become eligible to provide for state grants or County grants if the county decides to go in that direction in the future but more importantly it can increase additional funds the county can use to provide locally available services and resources for those in need of treatment there's two recommendations to this report staff recommends that city council consider the approval of resolution 2023-35 resolution authorizing the city of East Bethel to execute all necessary documents to ensure the city of East Bethel participation in the multi-state settlements relating to the opioid supply chain participants and in Minnesota opioid State subdivision memorandum agreement as exhibited in attachment one in your package through a motion make a [Music] portion to approve recommendation will be number one resolution 2023-35 resolution authorized in the City vs Buffalo to execute all necessary documents to ensure these Bethel participation a multi-state settlement right to opioid Supply motion manager a second second second discussion uh Jack will we LCD recommendation number two approved uh we'll do that separately we'll do this one first and we'll do that separately okay okay to recommend it recommendation number one all those in favor say aye aye opposed that passes recognition recommendation number two staff recommended city council consider approval of the amended Minnesota opioid State subdivision memorandum of agreement is exhibited attachment to in your package make a motion to approve uh amended Minnesota opioids state subdivision member mem morandum of agreement as seen in attachment to motion made is there a second second second discussion well uh I'm glad even though East Bethel cannot administer this program this themselves that we can do some small part in helping out some people in the area so I'm glad that we can take advantage of this so that some citizens me get hope that they need and again this is something we have needed like I said the mechanisms the resources the ability to administer any of it this would be better allocated to the county to take advantage of economies of scale and their existing systems put in place to make sure this happens yeah went through the motion all in favor say aye aye oppose that motion passes staff report Jack the only thing I think there is another local government association meeting on May 31st at the Bunker Hills Activity Center at 6 PM this is a gathering of all the Mayors city council members that wish to attend and certain city staff and County organizations like the highway department uh and other groups in the county that can join together they have a meal and a program presentation and a chance to talk to some of your fellow City members in the county so if anybody would like to attend let me know and I'll get you signed up that's it Brian uh the only thing is that the mayor and I attended the highway cleanup we volunteered with the East Bethel fire department auxiliary to do a roadside cleanup from Cooper's Corner down to 221st so we ended up filling two large pickup trucks beds full of garbage and bags and no it's a incredible amount just that I'm sure that there's stuff missed and just makes you think how much glitter is actually out there in our roadways so I really want to thank the fire department auxiliary for putting it together and and doing it and giving us the opportunity to volunteer with them that's all I have so you actually helped you wouldn't know the mayor well thank you thank you Kevin you have anything uh just we're supposed to have that special Planning Commission meeting last night tomorrow night um please let me know as soon as you know because I have some things I could do if I'm not going to be there and also if we are there like I spoke to Jack earlier today then we'd like to have if you have a quorum of the Planning Commission that we might as well uh approve except swear in whatever uh Joe Ryder tomorrow night and the other thing is uh I mentioned last time we were together the verification of residency per the changes in the ordinances on commissions authorities whatever and I tendered my copy of my driver's license I'd like to see that process continue so that we do see that you know just to make sure that everybody is there you go just make sure that everybody who's on the city council or on commissions or authorities or actual residents of the city I thought that was an important addition to our Municipal Code was to actually have a definition of what a resident is it's kind of fundamental but any reaction staff you're all excited make sure that I mean my only reaction in Mr Larson can confirm this that uh a an ordinance change only then goes into effect 10 days after it's changed and you can't necessarily obligate anyone who may have had an existing situation prior to the ordinance change comply um sort of non-conforming well you're saying you discussed this with him uh no I'm asking him if he wants to clarify that if an ordinance was passed do can we make people prior to that is it retroactive right that's what I'm trying to say mayor council members um your uh interim development director has been accurate on All Points uh tonight including this last one if people want to voluntarily of course um submit to the city city administrator and staff proof of residency um showing that they meet that code resident requirement you know before the fact they certainly can but it takes effect for essentially those individuals post-effective date while I had the floor um I just wanted to point out on the opioid settlement funds and so forth I'm pleased with this vote because one of the things that it does and I did review the settlement documents because this would be something that the city has to sign so I want to make sure that the city is not undulily you know harming Itself by some type of contractual obligation so it did take a little time because sometimes these things can be hidden I didn't find anything I and therefore um City administrator Davis was correct I did not see any reason for a city not to enter into it but I want to underscore that part of the requirements is is that each County must consult annually with the municipalities in the county regarding future use of the settlement funds in the county so this vote has given you at least that persuasive seat at the table thanks Eric thank you Jim yeah I got a couple things actually at our council meeting April 24th 23. we agreed to extend uh the uh our one-year extension for the Brock verismas a mechanic which is good and during that meeting that we had there I was kind of surprised that he wasn't there and I thought you know if that was my business and they were going to approve it or not approve it I would have definitely wanted to be there to speak on it so that Curiosity got me so I wouldn't have seen him I met him on Saturday on the 29th and I met him and his wife and I talked to both of them and they have a they're great people and they have a good operation everything is clean everything is in order and uh so I talked to him and I asked him why he wasn't at the meeting and he told me he said that he had a conversation with Jack and you were supposed to get a hold of him and let him know and he said he never heard a word back from you well I thought we had notified him the date previously he said he'd never heard a word from you to me that's important especially on something like this because I mean if we would have denied that he would have been kicked out of there and that's not right we're going to really follow up on stuff like that for sure I mean he said that he never heard from you so I'm just pointing that out to you thank you thank you and then uh also I got a question like when we get our packets and stuff like that and everything's cc'd why is uh that reporter guy Ian whatever why is he getting our packets will you send that to them later request a question I don't agree with that I think if they want a copy they can find it theirself I don't think we should be supplying it for them because what I've seen on their newspaper is one-sided when it comes to the console and stuff like that on comments and they don't really care so my thought is we shouldn't be sending that to them so we need a motion to stop that or can you just stop it that's the directional Council how is your feelings you think we should be letting the newspaper giving them copies of our packets doesn't matter if we get the packet I know he watches it on TV so it doesn't matter either way I don't think we should Supply it doesn't matter and well if we don't Supply him we might have not supply anybody else and they can just sign out the point they could just sign up for the email blast that's fine gets one anyways we had to do it I have a real fundamental view of such things things that are going to happen are going to happen though one way or another and uh it's kind of like why I don't respond to all the crap frankly on Facebook and uh I don't bother thinking about it much it just comes with the job and I do have a strong belief that in the end truth usually wins out you know so but that's just my view yeah that's fine and it is posted to the website on Friday and accessible to the public at that point so I can't really control like I said the guy doesn't do his homework anyways let him do his homework and get it himself that's my opinion so whether it is or not how are we going to do it sure and then last I got um does it cost the residents money when what I noticed with a lot of responses with our emails and stuff they go to the City attorney does the City attorney every time he opens an email does it cost the residents attorney charges us for his services I don't know what you're talking about about the emails go to this when emails go if you look at your CCS a lot of them are going to the you know to the attorney is it necessary that they all go to him we keep the City attorney in the loop those aren't if we want the City attorney to respond anything we ask him directly to address but if it's something that's not serious is it necessary that we do that because it costs us money I imagine I'll let the City attorney answer that that's the thing it's just good to have him that's why he knows what's going on I think it makes his job easier so um mayor council members I try to make sure that the time that I built to the city has value and there are times where the CC is such where it's clear that it's just what I will call in legal terms that de Minimus FYI kind of queuing things up when and if it is something that's going to uh uh deed my attention so I think that is helpful for the city but I do not build but I will tell you there are other times where the cc's are such that in in my judgment as the City attorney and my role is to look after all the legal needs and provide counsel for and on behalf of the city where that seems appropriate I will say that I would have to of course review my bills over the last two and a half months because I started in February that but my recollection is is that generally it's been because that CC has started a string of of emails and therefore was not a one-off okay so if I'm understanding you right then if it's something that you just look at and it doesn't really matter you know what I mean if it's something that's not critical then you're not billing us for that I can give you an example there was a series of emails today um and uh I I was not and I did not bill for that I did Bill a course to actually look at today's agenda okay well that's fine that's what I mean I'm just looking out for the residents so we're not peeing anywhere and we have to no I appreciate that and I appreciate it I try to explain my my process um so that way I was trying to be as Broad in general but also a specific and answerable as possible great thank you councilmember appreciate that thanks that's it that's all I got Tim oh we met with uh the upper Rum River or Watershed um they did their uh budget for the year and elected elected officers and that was a rather lengthy meeting but we took care of that this week and uh we got some planning or the Parks Commission meeting is canceled for tomorrow so we will we won't be uh going into that but what I have okay thanks and all I want to do is like Brian said Thank the auxiliary um there was a lot of stuff we picked up a lot of stuff yeah somebody could a free bike all of it yeah somebody must have flipped a car or truck we picked up more tools and you can imagine so but uh with that I'll take a motion to adjourn make a motion to adjourn second motion made second discussion all in favor say aye aye opposed we are adjourned any 10 millimeter sockets what's that any 10 millimeter sockets [Music]