Okay, at this time I'll bring the September 8, 2025 council meeting to order. Please rise for the pledge allegiance to the flag of the United States of America and to the republic for it stands one nation under God indivisible with liberty and justice for all. Make a motion to adopt tonight's agenda as presented. >> Second. >> Have a motion and a second. All in favor? >> I. >> I. >> Motion passes. >> Presentations. Mr. Mayor and Council. Uh before you here this evening is the 2026 preliminary budget and levy in on July 14th. uh staff and uh presented to the council uh their proposed budgets for the um for the 2026 uh budget and levy. And based on the input um we put together the budget and tonight is of course the the preliminary which means you can set it at a given amount. It can't go above that but you can certainly reduce it by uh December 8th. The 2026 general fund expenditure budget is projected to increase by 7% or $479,400. The this ex uh expenditure increase would result in a levy increase of 3.8% or 246,100 uh to balance that budget. And um and essentially there's some cost drivers in there. Um, essentially we're looking at a union contract, 8% COLA increase for nine union and 13 non-union, 40 paid on call firefighters. Um, we have an increase in the per month cafeteria contribution, overall salary and benefits. Uh, our law enforcement contract has gone up 7% or roughly $110,000. Access uh, assessor contract remained the same. City attorney contract we increased by 5% or $10,000. Metro Inet uh contribution to that joint powers agreement went up 13,000. Auditing contract we're budgeting a $2,000 increase. Elections for uh would be a $21,000 increase for 2026 increase only because on off years we don't we don't uh budget anything for that. Uh we have equipment replacement fund of 22,000 street capital fund the historic 15,000 $50,000 increase park capital fund 10,000 increase and under other we have the Minnesota paid leave program which is a new program that the state has come up with and um we're anticipating a $24,000 cost to us on that. So we're budgeting for that and then we've spoken in the past al of the uh civic plus module implementation. We're kind of estimating around $40,000 budgeting for that. Um, essentially what you have before you tonight is a the preliminary budget. You have a a number of resolutions. Uh, resolution 2025-48 to set the final levy and budget date. Resolution 2025-49 to set the preliminary levy and budget. Resolution 2025-50 to set the preliminary EDA levy and budget. and resolution 2025-51 to set the preliminary HR levy and budget. And all those are included in your packet. And um Mike is here with us this evening to cover any additional information, answer any questions, and uh proceed from there. >> Any questions for Mike on the budget? Um, Mike, did this go up since we last discussed it? >> Um, the budget stayed the same from when we discuss discussed it back in July. So, >> Okay. >> Yep. >> All right. I'll make motion to approve resolution 2025-48, set final levy and budget date. >> Second. >> Have a motion. Second. Any further discussion hearing? None. All those in favor? >> I I >> Resolution 2025-49. Make a motion to approve resolution 2025-49. Set the preliminary levy and budget. >> Second. >> Have a motion second. Any other discussion hearing? None. All in favor? >> I >> I >> uh resolution 2025-50. I'll make the motion to set the preliminary 2026 EDA levy and budget. >> Second. >> Got the motion second. Any further discussion on it? None heard. All in favor? I >> I >> motion pass should say and number five there 2025 resolution 2025-51 set the preliminary 2026 H levy and budget I'll make a motion >> second motion and second any further discussion unheard all those in favor >> I >> opposed none >> thank you Mike for all your continuous hard work on this >> yep thank you Mr. Mayor, members of council will be bringing this back to you in December then for the final budget. >> Thank you, Mike. >> Thank you. >> Uh I don't think anybody signed up for the public forum. Okay. Consent agenda. >> Make a motion to approve the consent consent agenda as presented. I'd like to pull item G, the last item. I'll second and I'd like to pull item E and I have something on G2. >> Okay. Any others being pulled? You like to pull A question. >> Okay, we have a motion. Did we get a second? >> Yes. >> Second. All those in favor of uh the consent agenda as amended. >> I >> I opposed. Unheard. Item eight. >> Hang on. Got it highlighted here. Hang on. I got a question here on something I haven't seen a lot of. There's a section in there where it looks like we're renting a lot of portable trans or uh bathrooms. Is that something? Uh, that probably be from the parks, wouldn't it? >> It looked like it was all over the place. I know it's from the parks. I don't know if that's something that we just expanded and explained better in our bill paying. >> Could it have been for booster day? >> I was wondering that myself. Then it had other parks on it. >> That I'm not sure exactly where it's found in the the packet, but that is a reoccurring expense. just the the portaotties that are at the actual parks and there was an additional one that was um for booster days and booster days then reimbures the city for that cost. So >> well that'll do it then. >> Okay, >> I will approve uh based on that u item A >> second. >> We have a motion second. All those in favor >> I >> passes item E >> E is a s successful completion of the probationary period for our city planner but I'm feeling like because land form has been a big part of this. Our city planner needs to go six months of her probationary period should be six months without any assistance from landform. So I want to extend that until 6 months after the last use of landform whenever that was. >> Mr. Mayor and councel, we are still utilizing landform on a as needed basis right now. if there's a complicated um you know um needs in planning or you know zoning or bringing any of these applications forward and um so I'm not sure that there'll be a last usage of them um you know it it I I recall sending something to the council I think we're about 80% down or or higher than that u from our from the amount of time that they were billing us for to what we're currently needing. Um, essentially, um, this is customary in terms of the com probationary period for new employees. Um, and I had I had Kinder actually um do the analysis on on um on you know, kind of filling out that probationary paperwork to because she's working closely with with our city planner and um you know, we can certainly provide you with that information, but it's nothing but u positive comments on um you know, how she's adapting to the position and and uh certainly the good work that she's doing. So, it's exemplary at this point. Um, I'm not sure, Mike, if we've extended probationary periods historically or historically. I don't think we've ever extended anyone's probationary period in in this specific instance. Again, we had a review kind of taken from not only uh the person she's working closely with, but Matt and myself also had input. And again, she's just performing in an exemplary manner at this point and is really caught on to the nuances of the job. And anything that kind of extends beyond the city planner duties is what Kendra is really picking up at this point. So, community development director type tasks. But from a pro probationary standpoint, I think she's really met that criteria at this point. And um that's why we recommended her being um put to a normal full-time employee at this point. I agree with what Suzanne is saying though because we need I understand Grace is a smart gal and I've seen her act but my opinion too is that we need to see her 6 months on her own versus having somebody explaining the process because if she is what you guys are saying right now there should be no issues in for six months more. That's my opinion. Yeah. Um, she needs to be able to do it on her own. What exactly what kind of what's an example of something that landform that's really complicated that she can't do by herself or call another city planner to help figure out or something. >> Trying to think of an example. Um, >> I mean, anything related to maybe tiff that comes up, we would want some extra guidance. Anything that just doesn't happen on a routine basis basically would we'd want another set of eyes on just so um that you know that we're making sure that each one of the steps is processed correctly. So, anything in the routine basis, I think Grace has got a good handle on those things. It's just anything that comes in the door that is not exactly uh black and white. It's always good, I guess, to get another set of eyes on those items. So, >> and we have we have complications down by the lake, um, by the beach and areas like that that have complicated lot splits and combinations and quite a bit of non-customary considerations that have to go into that that work down there. Um, I I think it's important to note that regardless of the experience you have in any one of these positions, finance director, city administrator, you're always relying on other experts in the field in order to to ensure that you're you're uh you're on the correct path. For instance, in finance, there's a whole bunch of other disciplines within finance that I need to be able to tap into for resources in order to make sure that I'm doing things correct. TIFF is one of them. I have to tap into Ellers in order to make sure that I'm processing all those nuance um items that come in the door. You know, bonding would be another thing that I don't have the expertise. So, I'd have to tap into to their expertise in order to do a bond issue as far as human resources are concerned. you know, we have to tap into the city attorney quite a bit in order to ensure that we're, you know, following proper guidance for disciplinary or um any kind of, you know, uh I guess any human resource type things that come in. So, there's just always um things that come in the door where it's always good to go to an expert in the field, I guess, that that can provide a little bit further guidance on things. So, >> and I I get that, but I also get that every city in the seven metro area has done something like this has had these unique situations come up. And I would think calling one of them, their city planners, and getting advice from them or um examples of what to do from them would be a lot more frugal than using land form. >> And and Mr. Mr. Mayor and Council, I think that, you know, as as there are relationships built with other city planners and that that becomes a reality. Um, when you're new to a position, you don't necessarily have those relationships. You can call up other planners, but they're busy. They may not give you the time a day to to help you. um you know there isn't there isn't necessarily solid mentorship programs out there which is why having uh Kendra is invaluable invaluable for those very complicated um you know plats that come in or developments that are proposed and and it and it's never a development that's easy. It's always, you know, they always bring you the wild ones and and you get to try and process through and make sure you don't make mistakes. And that's where I think having Landform will always be kind of that phone a friend type of deal. You know, it'll be necessary for anyone. Um, and uh and we're thankful that that that option is available. Um, so I mean I I know that when it comes to variances and applications for those and uh some of the general day-to-day work, she is operating, you know, on her own to get that completed. Uh, one of the things that that um that landform is providing is kind of a a weekly check-in to make sure these pro projects are on on schedule and that the time frames are being met and that sort of thing. again just kind of providing that backup so that um you know your 30 days 60 days aren't overlooked or anything like that. Um so it's um I'm part of those meetings every week as well and uh I think it's it's very valuable. Uh but as far as her day-to-day work goes as far as answering questions of how tall a fence can I have, you know, those type of things. Um how big of a pole barn can I build on a given lot? Uh she is she is handling those very well. Very well. So we're very happy with that so far. >> Well, as Mike and Mr. Look work with her dayto day, I would trust their opinion that uh and from what I've seen from Grace myself from being attending the planning meetings, she does a wonderful job. She is informative. she can answer questions for the commission members. Um, I don't really see a need as to why we need to extend a probationary period. >> If if I can speak freely, I I've seen people, you know, coming up to speed and she's done a tremendous job of coming up to speed in this position. So, >> I think we got to take into example here, too, that she's actually doing more than just the planning job. She's kind of filling in part of the city's uh >> community development director. >> Community development, too. So, she's kind of tapping in two jobs at once here. So, some of that assistance from Kendra, I believe, is coming on the other part of it, too. So, Well, I still think that she has to do it on her own more in order for a it to be a probationary period to me is you're doing a job on your own and you're meeting all required um tasks on your own for six months. And I I would say even another 3 months, extend it and bring it back and see how she's doing just because I think we're from what I hear just right now, I think we're using landform too much. I think she should be able to be on those tasks and not need those weekly calls and are you and monitoring and stuff. Mr. for Mayor and Council, what I also say is even with our firefighters, when they come on board, they have a prob probationary period as well, but they're going through substantial training post probationary period. Um, and um, and it's really, I think, the expectation of what they need to know up to that probationary period, whether or not they exceed that. And I would say in this case, she has. Um, she will learn more, guaranteed. I mean, we all do every single day. um especially when the state throws curve balls and they seem to enjoy doing that. But um at any rate um you know we can extend it three months. Um, but I I would caution maybe setting precedent on that because like I say, we'll have other instances whether it's firefighters or um, you know, public works employees that uh, you know, >> well, if a person if a person is not meeting the um, criteria, but they have the potential, I think extending probationary period should be a thing. >> So >> for firefighters, for yeah staff, for tech any other technicians, it should be a thing. It's >> maybe we should set precedence because if somebody's not up to par but has the potential, extend it and give them more opportunity instead of saying you didn't meet it, you're we're going to try somebody else. I mean, what are the options? >> Yeah, Mr. Mayor and Council, there are limited options, no doubt. But what I will say is based on the questions and answers that we got back from those that were interviewed, she is meeting expectations. >> Well, I'm not going to approve this, so somebody else has to make a motion. >> I want to I want to say something real quick. I I I I think what Susan your points are excellent. I think they are because we've had limited exposure to Grace, but we also know that she's working behind the scenes with our staff and we depend upon our staff. I mean, like you wouldn't believe. That being said, I I think six months might be too much, but I think three months isn't out of line. I really don't. um if she's doing a great job and and believe me, we're not trying to cut into grace or anything like this. It's it's just our way of being care, you know, careful coming into placing someone into a very crucial staff position, you know, for the city. And we want to be careful, too. Um, we trust what you're saying, but we also have some very good points brought up by Councilman Urkel here that uh, she's had a lot of help, which is great, but now we want to see what she can do on her own a little bit more. That's all. I mean, I think that's what you're trying to say, Susan. We just want to see a little bit more on her own. >> Exactly. >> That's my two cents. Okay, we need a motion either way. Well, I'll make a motion to approve the successful completion of pro the probation probational period for our CD planner. I'll second it. Any further discussion? All those in favor? >> I >> I opposed. >> I >> I motion fails. >> Want to propose something else? Make a motion to extend the probationary period for three months on our city planner grace. >> Second. >> Second. >> We have a motion and a second. Any further discussion? All those in favor? I >> I opposed. I motion passes. Item G. Uh there was no information in our packet about this really. So as the chief's here, would you be able to give a quick introduction? It looks like this is something really great, but just give a quick overview. Mr. Mayor, members of council, um this program uh Sento was actually a chance encounter. Um came across it. Um peer support is something that's become very uh big in the public uh service industry uh especially public safety and um we had this company had a long discussion with them. They have uh some technology that we can use as far as an app that allows us to be connected to I think they said somewhere in the neighborhood of 14,000 other peer supporters throughout the country. Um as well as we have some peer supporters approved that um are with North Memorial that are with Siento. Um this gives our our uh members the chance to talk with people who are going to listen to them and um provide support in emotional need times. Um Sento has also offered to help us construct our own internal peer support team. Um give us guidance. It's it's become one of those things that everybody talks about or a lot of people talk about, but there's not it's not as easy as just, hey, do you want to do this? They're going to be able to give us the the background of how to make this successful so that we can support our people when they need it the most. Um, this program, uh, as outlined, um, if you didn't get the, uh, attachment, I apologize for that. Um it would be a onetime subscription total for the year of uh just shy of $5,400. Um they're funding that for us. Uh so there is no financial impact for this. Um but it does give us uh immediate access uh to their network as well as support in building our team. Doesn't county fire protection uh still have peer counseling free? They they've always had in the past. That's why I'm wondering. I believe that's still an option. This would just be an addition to that. There's also uh outfits like uh or services by Midfire uh CI CISM teams uh critical incident uh stress management teams that can come in that is free of service as well. Um it's just another option for our people to use. Um sometimes it's easier to talk to somebody that has absolutely no connection to anywhere that you know you're a part of. Um, so this is again it's an option for our team. Again, it doesn't have any financial impact. Um, it's a team that's very passionate. Siento is very passionate about what they're after or what they're doing and what they're going after. So, >> can you give me an example of exactly this peer support? I mean, give me a a scenario of what somebody might be >> needing it for and then how it would help because I'm I'm way confused on this and I don't and I also want to know what you know about this company because I've never heard of it before. >> It's a newer company. It's a startup company. Um it's founded by a former public safety professional that went through their own internal crisis and needed help. Um they've established a network of uh counselors and again peer supporters throughout this the states um in order to give people an avenue to discuss a complicated call or a traumatic call that affected them. So, if we think about uh a bad car accident that had multiple fatalities or a house fire that had multiple fatalities or something of that nature that one of our members needed help getting through or needed someone to talk to after that call, we want to make sure that we are supporting our members mental health as much as we're supporting their physical health and all of that other stuff. So this is a mental health avenue for them to go down to talk to somebody else that can answer the call when they have a problem and also guide them towards definitive care. This is not they're they're not therapists. It's just peer-topeer answering calls, answering uh questions. Hey, I'm really having a hard time with this call that we went on. and someone else will talk with them while also helping them get connected to a counselor or to a therapist or whatever help they may need. >> And you see a need in some of your people, but you're getting 30 of them. So, do you think you need all 30 of your people would want that, want to use this, or maybe 10 people? >> All 30, all 30, all 31, however many people we have should have access to this program. It's not that I see a need in them. It's that they should have access to it in the event that they do need it. >> Okay. >> So, Chief, you're saying that this doesn't cost us anything. There's funding for this. >> Yes, sir. >> What about year two? >> Uh, I would have to talk with Sienna. It's a year-by-year subscription. If the if the say our say out of 30 people absolutely nobody uses it and we have to end up paying for it may be something that we say you know no there isn't a need for it and we don't pay for it. Um but during this 12 months the next 12 months we'll have the ability to set up our peer support team as well and make sure that we have guidance in building that. >> I don't think you can depend on if anybody uses it because It only takes once, you know, in my 41 years as firefighting, I still remember a lot of painful sights. And all it takes is one time and that's stuck in your head for many, many years. And it's always nice to have that background, especially right after an incident. And and I can attest to that, too. And a lot of us that have been in this field for a long time have relied on the network of friends and colleagues and mentors that we have built throughout our careers. Um, this gives people that maybe haven't been in it and don't have that support system, this gives them a support system. Um, if nobody uses it, you know, it's something we can talk about, you know, next year going into 27. However, I'm willing to bet that because it's an anonymity deal, nobody I I would never know who used it. I would just know that someone used it. I would be willing to bet we see people using it and I would encourage them to use it. It's it's a support tool. >> So, we can look forward to a a mini report in about a year. And >> of course, >> of course. Sounds great. >> Yeah, it sounds like a fantastic program. >> Yeah, it does. >> Well, I'd make the motion to approve this service for the fire department. >> Second. >> Have a motion and a second. All those in favor? >> I opposed. >> Unheard. Thank you. >> Thank you, Chief. >> Thanks, Chief. >> Thank you. Okay, we're going to 70 new business. Uh, Grace. >> All right. This is a request by applicants Troy and Lorie Slater for two variances to allow the addition of a 150 by 60 uh square or foot or two 9,000 square foot accessory structure on their property located at 22206 Durant Street Northeast. This property is 29.82 acres. It is zoned and guide or zoned agricultural and guided rural residential. The property to the west is zoned agricultural and the properties to the north, east, and south are zoned rural residential. You may remember that this property was reszoned from rural residential to agricultural in March of 2025. This property currently has four existing accessory structures on it totaling 1,652 ft. It's my understanding that uh when this resoning occurred, staff members working on this project at the time were aware that the applicant may want to construct additional accessory structures in the future, but the applicant did not share exact plans. So staff was unable to assess whether the size of the structure or any of the other conditions on the property would require a variance uh for an additional structure. Uh so when the applicant approached us with this proposal, staff has had determined that a variance would be necessary. This is a request for two variances. The first is for a variance to allow a fifth accessory structure on a single parcel. Section 14 of the zoning code limits properties over 5 acres to four accessory structures. The second variance would be for a total accessory structure square footage of 10,652 ft on a single parcel. The same section of the code establishes a maximum accessory structure square footage of 8,760 square feet for properties of this acreage. Um, it does scale up with the size of the property, but this 9,000 square foot does well exceed that uh that maximum that's set. Uh, this would be a 1,892 foot overage. Both variances would be required for the applicant to construct the building as proposed. One variance may be granted without the other, though the applicant would be required to change their plans. If that first variance were approved without the second, the applicant would be required to build a smaller structure, uh, maintaining that overall limit of 8,760 ft. If the second variants were granted without the first, the applicant would be able to build that larger structure, but he would have to demolish an existing structure on the property first. This is a sketch of the proposed structure. Uh this is not an engineered drawing because agricultural buildings are exempt from the state building code and uh plan review for building um and also the city's architectural standards. Agricultural buildings are buildings that are on agricultural land that are used solely for agricultural purposes. That would be raising, cultivation, drying or storage of agricultural products or um machinery that's used for agricultural production. Um, again, these are exempt from state building code standards uh if they are not used for things like personal storage or retail. Uh, that has been added as a condition of approval to the resolution tonight. Cities still often regulate these types of buildings through zoning ordinances. East Bethl again exempts these buildings from ag or from architectural standards, but they are required to comply with all other standards pertaining to accessory structures including square footage. Uh I would like to point out though that this building does meet our architectural standards as there are two architectural features or doors and windows on the side that would be facing the right ofway. When evaluating a variance, the burden of proof is on the applicant to show that they have a practical difficulty that can only be remedied by the variance. Uh we evaluate this with the practical practical difficulties test. Uh the first standard of this is that the request is reasonable. Uh this would be that the applicant is proposing to use the property in a way that is sensible but not explicitly allowed by the code. The second is that the request is unique. Uh this is often due to or due to unique circumstances on the property. This is often something physical such as uh sloping topography or the proximity to a wetland. Uh financial concerns alone are not enough to justify uniqueness. And the third standard is that the variance if granted will not have a negative impact on neighborhood character. Uh this evaluates whether whatever is being proposed would look out of scale or out of place in the area. Findings of fact for each of the three standards have been provided in your packet for each of the variances. The planning commission reviewed this item at a public hearing on August 26th. The applicant was present to speak on the item and no other members of the public uh provided any comments. The planning commission voted 3 to one to recommend approval of the variance requests. One commissioner uh abstained due to personal conflict of interest and the other commissioner recommended denial based on um not finding a unique circumstance to justify the variances or that second standard. Uh based on the recommendation of approval made by the planning commission, the city council is recommended to move to adopt the resolution approving the request for variances to allow five accessory structures on this property totaling 10,652 square feet. Uh, the resolution may be modified as you see fit and I'm happy to answer any questions. >> I'll make a motion to approve resolution number 2025-52. >> Second. Have a motion second. Any further discussion? Hearing none. All in favor? >> I opposed. >> None heard. Motion passes. Item two there. >> This is a request by share co- construction for a reasonzoning a PUD preliminary plan and our preliminary plat for a three lot subdivision called Cliffs Anderson Acres. The subdivision would be located north of County Road 74 or 217th Avenue. This property currently is one lot totaling 20.35 acres. The property is zoned and guided rural residential. The surrounding properties to the south and west are zoned the same. The property to the north is part of the Gordy Mickelson Wildlife Management Area and is zoned as natural area and the properties to the east are a part of a subdivision within Lynwood Township. Uh this property is part of the significant natural environmental area overlay. This overlay district is applied to properties that the Met Council and Inoka Conservation District andor the DNR have identified as containing native vegetation or unique resources that contribute to the health, welfare, and quality of life of East Bethl residents. Uh you may remember that we had a pretty lengthy discussion about this at the city council's June 9th meeting uh discussing the SNA overlay and the city's overall uh density standard as it pertains to this development. Uh at that meeting the applicant was provided with non-binding feedback and non-binding approval to proceed with the platting process. This is three different requests. The first is for a resoning to planned unit development overlay required by section 59 of the zoning ordinance for properties within that SNA overlay. The second request is for a PUD preliminary plan again required by section 59 of the zoning ordinance. The purpose purpose of a PUD is to allow increased flexibility and variation in a subdivision in exchange for high higher levels of design or environmental protection, landscaping, things like that. Um, the city has a high level of discretion in evaluating a reasonzoning in a PUD. Uh, these requests must meet the standards established in the comp plan and the PUD must meet standards established within section 56 of the zoning code. This packet does contain analysis of each standard. Uh, the third request is for a preliminary plat. This is required by section 56 of the zoning ordinance for all properties being developed as a PUD. The city's discretion in approving a preliminary plat is limited to whether the proposed plat meets the standards outlined in the city's subdivision and zoning ordinance and the any conditions of the preliminary plat approval. If it meets these standards, the city must approve the plat. This is a quick look at what that subdivision would look like. It is three lots, each of which are approximately 6.5 acres. Uh the proposed home and septic areas do meet the setback requirements required by our code. This uh subdivision also meets the lot area standards and width standards along with the overall density requirement of one unit per 10 acres as established within the comp plan. Uh there are no wetlands on this property. Staff has found that the proposed resoning to PUD overlay is consistent with the comprehensive plan and the proposed planned unit development preliminary plan does meet the standards established within the zoning ordinance for PUDS. Um, a major point with this one, I think because it's in the SN over S SNA overlay, is the environmental protection aspect of it. Um, staff has found that this development will likely have a very limited environmental impact associated with it. The homes are being built on bare agricultural land and a small number of trees are being removed. That being said, the council can impose additional um conditions on this plat pertaining to environmental quality or any other conditions as you see fit. Uh the planning commission was provided with this option to propose an additional condition or oppose any additional conditions. Uh though they elected not to propose any staff also did not propose any additional conditions on this plat pertaining to environmental quality. Uh this project is also not requesting any PUD flexibility. So this plan as it is proposed right now does meet the standards of the zoning code. The preliminary plat was also reviewed by East Bethl staff. The city engineer and the in noa county highway department have provided comments that have been included as conditions of approval. Uh the applicant will need to update plans prior to applying for the final plat though the sta though staff is confident that the applicant is successfully working towards those conditions at the moment. The planning commission held a public hearing on this item on August 26th. The applicant was present to answer questions and explain his request. No other parties were present to speak on the request. The planning commission voted unanimously to recommend approval of um the preliminary plat, the PUB preliminary plan and the reasonzoning ordinance. Uh based on the recommendation by the planning commission, the city council is recommended to move to adopt the ordinance to reszone this property to PUD overlay and the resolution approving the PUD preliminary plan and preliminary plat for Cliff's Anderson acres. uh these resolution or the resolution may be modified and I'm happy to answer any questions. >> Um so we have three motions to make on this. Uh for the first one it's page 200 in our packet reads ordinance number 2025-04. >> Is 04 correct? That was assigned by the by the city's admin staff. I would assume it is correct. >> Okay. Because the next one is 2025-53. >> Yes, the ordinances are numbered separately. Um >> ordinance. I see. I see. Ordinance resolution. Yeah. >> Very good. Thank you for clearing that up for me. >> Um I'll make a motion to approve ordinance number 2025-04. Second. >> What's the title of that ordinance? Um, >> that would be ordinance to reszone the property of the PUD overlay. >> Okay. Second. Oh, somebody seconded. >> So, we have a motion and a second. Any further discussion? >> Um, not on this, but I do have some questions regarding this whole thing. So, we'll we'll go through this one and then the next one I'll ask my questions. >> Okay. All those in favor? I opposed. Motion passes. So the next one would be for resolution number 2025-53. Make a motion to approve that. It's a resolution approving the preliminary PUB plan and preliminary plat for Cliff's Acres. >> Second. I have a motion and a second. Further discussion. >> Okay. So, you mentioned something about 10 acres and these are six acres. Can you kind of comp explain what you were talking about there? >> Yes. Yeah. We discussed this at the June city council meeting. The So, the comprehensive plan sets an overall density standard for the rural residential district throughout the city as one unit per 10 acres, right? Um so that means that we will have to monitor that land use designation um every time a new subdivision request comes in to make sure that we are not exceeding that density. Um the city code does establish a different standard for lot area allowing denser subdivisions in this um zoning district on a case-byase basis. Um so it does meet both of these standards. exceeds what's required in the zoning code and staff has found that by approving this we would not be going over the one unit per 10acre standard that's in the comp plan. Cuz I was when you said that I was under the impression when I read that a long time ago that it meant that when they divided these it had to be a 10, you know, at least 10 acre >> lot. So that's not what it means >> per lot. Uh by our zoning code, it is I believe one unit per two and a half acres. Um so on a in each subdivision, your lots can be that size, but as a whole in the city, that land use designation, it needs to be one unit per 10. So yes, >> I I do like that they're at least they're nice big lots, six acre lots. I mean, that's really nice. Um, my other question is you said something and I I only caught part of it. You were talking pretty fast and I was finding stuff on here. Um, something about trees. They're going to remove a lot of trees or no trees or what did you say? >> Very little trees. Um, really this parcel um, let me pull the So, really the trees on this parcel are along the southern and the northern and the eastern edges. So, a small number of trees will need to be removed for driveway access to 217th Avenue. Um, but other than that, it appears that the applicant is planning to keep most of the trees. >> Okay. And then you mentioned that we could put other um not restrictions, but stipulations on them. What are some examples of a stipulation that a city council could put on a development? >> Yeah. Uh, an example would be a certain amount of native plantings in the drainage basins. Um, or I guess the applicant really is leaving pretty much all the trees that they can leave. Um, but again, limiting the amount of trees that can be removed, but again, staff didn't see that as being necessary because the environmental impacts are so slim and the planning commission did not recommend that either of those things either. >> Okay, all my questions are answered. Thank you. And oh, I did want to say something. I saw that the park fees, they're paying $6,000 per >> 6,000 total. >> Oh, so it is 2,000 still per because I thought we were going to be upgrading our park fe dedication fees and apparently we haven't yet. >> Thank you. >> Any other discussion? >> Hearing none. All in favor? >> I opposed. Motion passes. Thank you, Grace. All right, moving on to staff. Mr. Mayor and Council, I'll just give a couple of updates here. Um, today we were busy and tomorrow we'll be busy giving tours uh to the agencies that are interested in participating in the RFP. uh for the facility study. Um they're kind of getting a better idea of what facilities we have and the scope of what they want to um submit in terms of cost. I know that was a concern for the council before. How much does one of these, you know, one of these studies cost and it ranges all over the board. So, um we've been meeting with them kind of helping them understand this is what we're looking for and um and to price it accordingly. Um, I will also say, and I don't think I passed this on last time, but um, we will be having a Senate bonding tour. The state comes out, uh, and does bonding tours for, uh, projects that, uh, are seeking state bonding. Not everybody gets on bonding tours, but um our legislators were successful in getting us on the bonding tour, which essentially means that um when the Senate bonding committee comes to East Bethl, we'll present to them the proposal, present them the needs. We've been working with the city and the school rather on um on establishing kind of some of the challenges they're having, some of the costs associated with that. uh the sack and whack for the city or for the school actually is significant. So, we're trying to walk through some of those issues and we're not sure if that's going to be included in part of the bonding request. Uh the last thing I will say is that um we transitioned over to midco TV. If you go to midco.com, uh you can set yourself up for streaming this meeting here this evening or uh you can go to YouTube. And there are currently there were currently eight watching YouTube this evening. Um see if I can find it. Still eight watching. Uh but for midmco.com if you'd rather call them I will give you the 1-800 number. It's 1 8008813000. 1 80088813000. You can call them. This is Midco TV channel 77. And uh you can uh you know ask for their technical support if you need that uh to be able to view that stream that uh otherwise you go to youtube.com and you type in East Bethl and this will come up what the different East Bethl meetings are available for viewing always the most recent ones and um and you can uh easily see that as I just typed in here comes right up and it shows live and that's streaming our our mating here this evening. So, this will be maybe a little painful for some folks. I understand that it's not the uh cable channel anymore uh like it used to be uh as their systems have changed and we're having to adapt with that. And uh we were we did kind of a test run with the new system and kind of did a mock uh council meeting recording which worked and we're kind of on pins and needles this evening if this was going to work as well. But so far it's been uh it's been working well. So we're very happy about that. So anyways, any feedback out there at all. We certainly want to hear it and we can we can make changes on our end if need be. >> So that's totally in effect right now. Correct. So they can't go to their tonight. They won't wouldn't be able to be watching this on their old cable TV. >> I do not believe so unless there's some uh overlap time, but I I do not believe so. They came and changed out um servers and things that they needed to do on our end. And um and then we had to use our equipment to make sure that communicated with their servers. And it was like I say, it was uh it took Carrie about all day to to work through this, but she did a great job. And so far this evening, it's been successful. So, we're happy with that. >> And if you wanted to watch this on TV, you would need a smart TV. That >> you can watch it on your phone if you want. >> Well, everybody doesn't have those phones either. Um, you can watch it, you can watch it on a smart TV, you can watch it on your laptop. >> Um, >> okay. >> Yeah, it's actually very convenient if you have internet coverage. And I know that we're working with Midco right now and expanding some of the high-speed internet options in the city. Um, and they're over on Brier Road, Brierwood right now installing that. And there's other areas that have kind of dead spots that we got grant dollars for to um to enhance that coverage. This will if you transition over it's it's it's going to be a lot nicer than than going on a channel uh cable channel, but people need to do that transition and it might be painful in the process. So, >> thank you. >> And that concludes my report unless there are any questions. >> None. Uh, council reports. >> I have nothing. >> I got some here. >> As this city knows, we have been in negotiations with BDM Construction and Firebird Land LLC to end our city's tax dollars from funding a private business. This has gone on for two decades. We thought we had a deal. After two and a half hours of meeting, we shook hands only to have that deal changed last minute. At one point during the discussion and negotiations, the owner of BDM or Firebird Land LLC stated that he has put away $100,000 to legally fight this city in court over this contract. However perplexing the thought of a commercial business threatening legal action and using $100,000 against a city that has never charged this business's dime for operating out of a city-owned building is confusing in its own right. But it's a threat that must be taken seriously because the city has spent enough tax dollars on this development that is two decades old with about a third to go. And even though we offered a more than fair offer to settle this, and even though we had an agreement, it is apparent that this deal is just not going to happen. It is said on social media that we have an agenda. I'm going to tell you that's true. Right now, we have an agenda. We want to be fair when it comes to all businesses in this city. We want all businesses to have a level playing field and we want your tax dollars to be spent properly and not violate any state statutes in any way. That is our goal right here. So, uh, our previous motion was to start eviction proceedings if an agreement was not signed by BDM or Firebird LLC construction by 819. As I understand it, we have not started the eviction process yet. as the city administrator has reached out one last time to gain some type of cooperation in this matter. I believe that letter went out a few days ago. Well, as a result of a failure to act by BDM or I I or Fiberland, I further motion that we evict from room 106 and 107 within 30 days, allowing only one access to room 108 as office. This honors the agreement that they were given office space. This agreement does not address any electrical or internet, but as a part of my motion, I'm directing staff to isolate that office electrical usage and calculate monthly costs. We cannot continue to keep paying for this. Failure by BDM to pay will result in shutting the power off to that office as it would with any other place. As a part of my motion, the internet password is to be changed, preventing unauthorized usage of the city-owned and paid for internet. And as a final part of this motion, room 106 and 107 as their labeled offices are to be clean and repairs done to the walls or cabinets have been installed at the expense of BDM or fireburn and any damages will be assessed to BDM and small claims filing in an Okoka County. The sign placed on city-owned property must be removed within 24 hours or the city will remove it. The sign on 65 can remain in place, but you must apply for a permit and have that done within 48 hours. If the application is not received, it will be removed. This can't go on any longer. This is just a game that's going back and forth and um this is what needs to be done. I agree with what you're saying. I'll second your motion. >> We have a motion, a second. Any further discussion? I believe uh I guess this would be something for attorney to start anything like this. are, let's say, we don't have a lease agreement with them already. It's just part of the contract and that are we going to be uh in litigation trying to push this because it ain't a formal lease even. Yeah, Mr. Mayor, council, um, your questions about whether or not a lease exist or your statements are correct. There's no formal separate standalone lease agreement between the city and Firebird BDM. Um, this interpretation of the contract could be construed by BDM Firebird as several different things. It could precipitate. It could cause uh legal action from BDM Firebird. Um, as with any matter, you never really know whether the other side is going to start litigation against you. Um, in this one, I think the parties know the tensions are high and it's probably likely that that will occur, but I don't have a crystal ball and I don't know for sure what will happen if the city takes that action. Um, the act of eviction on on the other hand is in itself civil legal action. And so um if the city were to enforce its rights under eviction or or ejectment um then you would be utilizing the court system to >> which would come at a cost. >> It's costed us 21 years now. >> But I'm just giving them a one a different space. Is that a form of eviction or is that just honoring the contract in a different method and enforcing it the way the city sees fit? >> Yeah, Mr. Mayor, council, I I think that is the um the matter that is uh subject to interpretation and the city's position is that there's um not an unrequitted um there's not an expansive ability to use all the offices in the facility. there is the right to use a office in the facility. >> Okay. >> Well, again, I'm going to say I I can't support this because I I just don't see us this will cost us a lot more than your 300 or whatever a month. You know, I realize what it's cost us in the past. Yes, >> I realize that and we did come to an agreement which has fallen through I believe but to put us further into litigation and costs I would still just like to like to try and resolve this some other way. So I can't support it but that's my thoughts >> but we're honoring the contract that says office space. Okay. The contract has says nothing about paying for electrical, for gas, for water, for internet. Uh if somebody came out here with an RV today and and plugged it in out here, ran hoses to the building, put their sewer into our sewer line, used our Wi-Fi, and they did that for 21 years. >> That's that's that's ridiculous. At this point, we made a fair offer 300 and it was rejected. You were in that meeting with me. He said he had $100,000 to fight this. You'd rather stick $100,000 of your personal money to fight a city that's never charged you anything. I don't know how you cannot support this. They're using our tax dollars here. We're giving them their office space. That's what they wanted. That's what the And we're going to honor that contract. We've tried to be fair. You know, 300 is more than fair. They have three offices in there. I'm just saying this this this needs to come to a head. We can't keep going back and forth, back and forth, back and forth. The only way we can get anything done is to start putting the contract back to where it was in the beginning. You want office space, we will give you and honor that office space. Did we expect you to be there for two decades? No, we did not. But you're there. We're not going to take that away from you. But you can't keep using our city's utilities to cover your business expenses. Period. You want to sue us for not charging you a dime for that long? I I I'd like to see the the look on the judge's face. I really would. >> Okay. Any further discussion. >> All those in favor? >> I >> I >> opposed. I >> abstain. Motion passes. >> Motion to adjurnn. >> Second. I >> have a motion. Second. All those in favor? I >> meeting's closed.