again we'll call this meeting to order this is the regular city council meeting for the city of n then October 8th 2024 6: p.m. and we will start with Pledge of Allegiance please pledge aliance to the flag of the United States of America and to the Republic for which it stands one nation under God indivisible with liy and thank [Music] you Mr Lane would you please call Ro sure mayor Pon present council member Anville present council member Alders I don't know the status I have not heard uh council member Brian here council member flatable don't know the status there either at this um Deputy clerk Johnson here City attorney rupe here Chief Deputy Jacobson yes sir and Scott laner your city administrator is present roll call is taken sir thank you I'll take a motion now to amend or approve the agenda as presented Mr Mayor councilor Brian I'll make a motion to approve the agenda as presented right I'll second that motion all those in favor signify by saying I I I we have a discussion discussion sure um I would like to ask that we remove claim number 267 to um under consent to item 10 a next one number 267 says the Martin mallister it's on the second or page three of the claims register [Applause] did you all right any other changes Mr Mayor if there are none I'll amend my motion to include the amended agenda and I will second that amended agenda thank you all those in favor signify by saying I I I I opposed motion carries Mr Mayor marville I would move the consent agenda as amended second all right all those in favor signify by saying I I I I opposed motion carries let me get caught up with which agenda I'm looking at Mr L I think the the new agenda that you were provided was page one and second page of your agenda that was in the book is still accurate if that helps you so the the actually the changes are on page two is still the same the second page of the agenda so everything through 9 G if that makes sense and then when you go to the next page it'll take start 9h that that page is accurate that was in your book this is the only thing that changed yeah this Planning and Zoning yes but I just want to make you have the right agenda so I've got this one here to got this is the new one tonight yeah so I just wanted to make sure we were clear there I had some notes on my old one so I just had gotta all right engineering Mr mayor council member Brian I'll make a motion to adopt the resolution regarding the Rogers Lake Project assessments to Property Owners um we have a letter in front of us as a Cy to the residents that the assessment will be $6,400 per [Music] property all right so we have a motion I'll second that and discussion I think that was a originally for those people on the on the U wo wo Drive 182nd Lane and ventry Street project uh we had hoped to see some significant savings by partnering with Ramsay on the projects they were doing this summer and uh even with the discovery of a $9,600 uh drainage Improvement that came up after the fact um that still reduced the proposed assessments from 8 $700 per per unit it's down to U $6,400 per property so that's a significant reduction and then we do have a uh a letter um which I put somewhere [Applause] here basically saying that the U it wasn't uh this letters notify all residents within Waco Street Waco Drive 182nd and ventry Lane assessments area the city council has adopted the assessment role for the improvements in the amount of $6,400 per property at its October 8 2024 meeting please note City receive favorable bids on this Improvement project which allowed the city council to reduce the amount of your pending assessment by uh $2,300 per household many residents have questions regarding their options for paying this pending assessment the city council asked that I send out all the property own this letter with a response to the most frequently asked questions uh payment options option one full payment by November 8th 2024 pay the entire amount of $6,400 to the city of uh now then by November 8th without interest option two pay over the standard assessment term which is 10 years payments would be included on your property taxes over 10e period at 6% interest if I wish to take advantage of option one where would I send my payment resident wishing to take advantage of option one would send a check made payable to the city of now then to the following address city of now then 8188 199th Avenue Northwest nowland Minnesota 55330 includes your uh PID number on the check also note the checks must be received by the city no later than 3 p.m. on November 8th 2024 checks received after that deadline will be returned to the resident the assessment amount with interest will be certified on their residents property taxes I wish to take advant of option two where should I send my payment residents wishing to take advantage of option two would pay their property taxes UND du the amount of the assessment and interest due for that period is already calculated and included in the taxes due who should I call if I have additional questions please feel free to contact Deputy clerk Natalie Johnson at 763 4411 1347 and that comes from our city administrator hope this letter answered any questions you may have regarding this assess assessment so with that uh favorable reduction all those in favor of the motion we signify by saying I I I oppose motion carries Mr M Mr ler uh just for sake of going through the agenda here we did have a couple people signed up to talk at the public forum for a couple minutes I apologize we had a couple names on there I don't know if there's any additional but yeah one of them was uh Mr gust and the other one was Su Pon that I saw back there all right Mr guson was first he was and Mr guson it was not related to the issue you were just dealing with have to deal with my certificate of occupy okay so we can wait till that comes up again it that yep I just wanted to know that that they were up there so okay appreciate it thank you all right is your is your microphone green uh no it's red touch the bottom button there would you please should turn oh it's great I'm suil am I supposed to give my address yes 18959 now then Boulevard now then Minnesota hi and I am the co-chair for the now then Heritage Festival and on behalf of the entire volunteer Heritage f committee I want to come to formally thank the city council and City staff for your support again for this year's Festival this year's Festival was a huge success and we want to thank again so many people who helped make the day so wonderful and successful we want to thank our now then businesses and then the businesses surrounding in our community who helped and they gave so generously to completely fund our festival for this year we want to thank the now then fire department which hosted their fire station open house at the festival we want to thank the maintenance department which made the park and the parking areas look absolutely beautiful we want to thank the city staff which um throughout the year sells our clothing and our now then merch which all goes to help fund the festival we want to thank the enoka county sheriff's office which provided our security and our Canan demos we want to also thank the nelvin churches the churches that we have here in nelvin because they provided a lot of the volunteers for the breakfast the dinner and the kids activity tent and then of course the volunteers who are on our Festival committee and we work all year long to help get funding and to help get this um event organized for the community we really served record amount of crowds at both the pancake breakfast and our pulled dinner and as the sun was setting we still had lines of people who were lined up for the wagon rides lined up for the balloon animals the Inflatables and even the axe throwing and at Sunset the park in all the nearby restaurants and businesses were crowded with people who were all coming gathering together to watch the amazing fireworks show um I just have to let you know a couple of quick comments that we got one gentleman at the festival looked around and and said this looks like a Hallmark movie and another lady who was actually in charge of our kids activity tent she had been there all day long volunteering at the tent she said as I looked around at the park and I saw all the families enjoying the park and all the things that you have here she said it makes me so proud to be a part of this community so I needed you to remember that most of the vendors that we use for our now than Festival are local vendors and so we are supporting and promoting our local businesses at every single level they not only work in uh in nelan but many of them live in Nan too um the festival was a great way really of our community coming together and showcasing all the best things that our city has to offer and it truly was our slogan for the festival committee is that this is a time to celebrate Community family and friends and we had a great day just wanted to thank you all again so much for your support thank you and my apologies for us running by the public forum except but you you get to see some of the other fun stuff we do all right so now we're on to the fire department looks like we don't have a monthly report but we do have a consideration of approval of agreement for the fire department to burn down a house down on 181st Mr Mayor I guess Mr City administrator is noding towards me I I I will handle this it's my understanding from Chief Smith is that they have an opportunity to do a live burn event and with that comes we needed to have an agreement between the city the fire department and the property owner uh to give us permission to go on their property to do the live burd to limit our liability but also to put the property owner on notice about their obligations regarding hazards materials that might be like aestus and so forth uh I at the request of the city administrator put together the agreement that's before you and I would recommend approval to allow the fire department to do the live burn there is additional requirements as part of a live burn but in talking to Chief Smith uh he said that they retain a company to do the training or facilitate this event and they are they are responsible for doing get obtaining all of the permits so this uh document is between the the city and the uh property owner in order to protect the fire department and the city and it's my understanding that this is acceptable to the property owner and and to the fire department and I would recommend approval Mr Mayor mayor Brian I would make a motion to approve the agreement between uh the burn agreement between Terry and Lorie Hogan and the City of Melman second that have a motion and a second any other discussion I do have a u a question you know we've done this before we we took the house down here in the corner by bills um we've taken Ramsay's taken some down in on now than Boulevard and then get over on Twin Lakes um it's it's quite a uh an event generally the fire department has their family there is they burning this down in the residents obviously when you're on 181st you'll be probably blocking off that that County Road um is this agreement cover the fact that people will be attracted to this as a an event no this is purely an agreement between the property owner and the fire department at the city uh there I'm I was kind of assuming the fire department wouldn't want people congregating there where they're doing a dangerous activity and so that is something that it was not contemplated by this agreement and the only one thing I noticed in this agreement that there was a blank on the on what your number of your agenda packet is Page 103 the waiver of Damages that yellow was supposed to be inserted is the name of whoever is facilitating this this would be uh the name of whatever company that uh the fire department retained to to do it they should be included in that uh waiver of Damages but no this agreement does not cover anything like that if that is uh but that would be something that I don't even sure exactly it would are you talking about if like people could if they wanted to observe if there was a place that they could congregate or if there was a place they could park or yeah so in in in previous Burns they have had places for people to park people to watch relatively closely I'm surprised how close some of them were allowed to be on some of these but uh it it uh they generally post big signs that they're doing a controlled burn because everybody on the north side of that wet lands where this house is whenever that field goes on fire they all get pretty uptight because it wouldn't take much to go across that field so if they see the house burning we'd want people to know it's a a uh practice burn it's a controlled burn um but then we'd also need to know because people will stop and people pull over the side of the road and it it becomes quite a spectator right opportunity then I would suggest having the fire department coordinate that with law enforcement the sheriff's department to let them know what day they're doing it make sure dispatch is notified so people call in they know that this is something that is authorized expected that you know but that is more information from the fire department to do with coordinating than it is with this property owner uh the only way that this would impact that property owner is if the property owner was willing to designate a certain area that people on their property to congregate but again this agreement does not have a provision in there for that because I assumed the fire department wouldn't want people around for health and safety reasons while they're doing this control burn yeah that's a I don't know if they invited them in in previous times or just knew they were coming but they um but I do agree with the you know and I did have a chat with uh Chief jve Smith that we needed to make sure we notified dispatch and they said the PE they would handle all of that so I I just deferred to him on on this he said all he needed was this agreement and I obtained the agreement for him okay and uh Council would it be reasonable also to put a notice on our website so people are checking that they know that control Burn's going to happen so Scott if you could take care of that please I have it Mr Mayor the website and to follow up with Dave to make sure all the concerns that were just addressed are H so I'll make sure we'll get it taken care of and I I heard from another maybe it was Dave Smith that they had one had actually used it before they burned it they used it for training exercise for like the sheriff's department for like going in and they actually over here on U Bernard's place over here on Twin Lakes olard Twin Lakes Road over here they actually had a hostage situation so they chased somebody into the house and then they had hostage negotiation and before they burned that down it was it was full of pock marks but they they did combine it with law enforcement and and then they burnt it down somewhere and if you haven't seen one of these they start a fire they send people in for training they put out the fire they start another fire and have go upstairs downstairs and and it's it's pretty thorough so I'm sorry Mr Mayor did you actually approve this agreement oh no we were just that was any other discussion all right seeing and hearing then all those in favor of the agreement signify by saying I I I opposed motion carries all right Chief Deputy you're up we on a roll good evening Mr Mayor members of the council citizens of the city of now then uh my name is Bill Jacobson I serve as the chief Deputy for theoa County Sheriff's Office and as the city leaz on for the city of now then I do have for you the September 2024 sheriff's report uh we responded to a total of 141 calls for service in the month and that puts us down by 41 calls year to date from 23 to 2024 in those calls for September of 24 we had 14 calls to the barn on campus six alarm calls 20 Medical calls 14 animal complaints a few of which I'll talk about couple um summaries from the bar and on campus we did respond on the 1 at 11:22 a.m. on a report of a juvenile in crisis that juvenile was transported to a hospital for Crisis Care and then on the 16th at 1:44 in the morning we responded to a report of a juvenile wanted on a probation violation and that one um the juvenile was cooperative and was in the care of Campus officials campus staff were going to work on solving that warrant with Bel tramy County and that was the recommendation from the deputies on that one and then on the 22nd at 5:12 p.m. we responded to an assault report at the campus the deputy that arrived learned that a juvenile male resident had assaulted a staff member that juvenile Resident was arrested and booked at the LI Lakes Regional juvenile center on assault charges and then as you'll see in the sumary we did have miscellaneous disorderly runaway and disturbance calls at the property a few noteworthy incidents from around the city of now then for September on the 1st at 3:11 p.m. we responded to the 6600 block of 191st on report of a pitbull running at large and being aggressive this was a call that we responded to multiple times is in the city um in that area of the city in September and we've already responded there in October to a similar complaint the dog has been identified as the same dog multiple times in this situation we unfortunately had to issue multiple citations every time we get a call that the dog is at large generally we prefer to resol resolve those via warnings but this is an ongoing problem and ongoing situation that had to be addressed via citation and uh there were three citations issued in the month of September to the owner of that dog and for the residents you do have a responsibility to make sure that your animals are under your control and um there are some concerns with this specific dog um some potential aggressive tendencies which raises our level of concern and hence the citations and those reports were copied over to the city for review on that on the third we responded to the 8600 block of Norris Lake Road on a crash involving injuries deputies arrives spoke to the driver who was an adult female younger adult um she told the deputy that she fell asleep while driving and she woke up as her vehicle was leaving the roadway um she went through the ditch hitch uh hit the covert and then launched through the air and then of course crashed back to the ground she suffered moderate injuries and was transported to the hospital for care lucky again that that crash could have been more serious thankfully she went off the right side there instead of Crossing an oncoming traffic um thankful that that wasn't more serious on the 13th at 1:39 p.m. um a deputy was on patrol when he located an adult female he knew to have an outstanding arrest warrant that was in the 4700 block of Norris Lake Road female was arrested without incident the warrant was an inoka County warrant for theft she was transported to the jail um in enoka city on the 16th we responded at 6:49 p.m. to Norris Lake Road and Exon Street on a report of a crash involving a motor vehicle and a bicycle again another injury crash the bicyclist was an adult male he was conscious and alert when deputies arrived he said he was riding westbound Norris Lake Road on or near the fog line when he was struck from a vehicle traveling in the same direction as he was from behind the driver of the vehicle also adult male reported he was driving in the same direction and his vision was impaired by the Rising Sun uh in his windshield well that would be the Setting Sun I suppose Clos at 6:49 p.m. um he said he did see the Bic bicyclist but it was too late to avoid the crash and he struck the bicyclist uh the driver of the vehicle was not injured the bicyclist did suffer moderate injuries was transported to a nearby hospital for Care by an Alina ambulance and that in that incident the driver of the vehicle was cited for failure to drive with due care again could have been far more serious on the 18th at 6:40 p.m. we responded to the 5300 block of 199th Avenue on a report of a drunk driver the vehicle was located in the driver an adult female was found to be over twice the legal limit and was arrested for DWI she was later booked again at the enoka county jail on those charges um this was a call uh called in by a passer by noted noting dangerous driving conduct and Su suspicious of impairment so appreciate that uh that Resident giv us a call and getting a dangerous driver off the road and then on the 18th at 8:45 5: p.m. we responded to the 221300 block of Cleary Road on a motorcycle that struck a deer this was called in by a passer by that found the motorcycle down in the roadway I feel like this crash happens more than uh more than normal out here in the city of now then where the driver has left the scene the operator of the motorcycle has left the scene I feel like we talked about a similar crash uh this year as well deputies get there they find a motorcycle down they're unable to locate the operator the motorcycle and of course our concern is that the operator has has been thrown from the motorcycle is somewhere in the area um that triggered a large response from St Francis Police now that fire department and of course multiple deputies from our office an extensive search was completed of the area and we were not able to locate the operator of the vehicle while we were on scene another adult male arrived identified himself as the person there to pick up the motorcycle but that individual was not Cooperative with the investigating deputies and was probably withholding information from us at that point in order to make sure that the motorcycle uh was returned to the proper owner we did tow it from the scene and held it for proof of ownership um we did find out who the registered owner was based on the registration um but we weren't able to make contact that's an ongoing investigation like I said the vehicle was held for proof of ownership and then I'll just comment on the Heritage Festival uh follow up to the comments um um to open up tonight um we did uh have a large Presence at the Heritage Festival um we were there for overnight Security on the grounds and then um a lot of us were there during the festival doing some foot patrol testing out all the vendors the mini donuts and stuff making sure they were up to par they were they were delicious for the record and and the cookies what's that and the cookies and the cookies also fantastic yes so we did make sure that we were uh supporting those local vendors which was fun um and we did of course have our K9 demos out um our our uh our aging veteran K9 diesel came out to uh to entertain the crowd with his skills which was uh always fun for us to be able to get them out and the dogs love it they get to work and um we enjoy it because we get to talk to the community about how important uh the work they do is and uh K9 diesa will be retiring um this uh early next year and Deputy Cutler will be receiving a new Kine partner um as uh as he works into his second um his second K9 partner and Diesel will be living the retired life presumably on Deputy Cutler's couch I would imagine so um I'm sure he's looking forward to that we also brought out some equipment for the public we had uh our Patrol boat out there um our fan boat a couple squad cars for folks to take a look at and we did we always get a lot of positive responses when we're out people really do support us out here it's actually nice to to to talk with people interact with people in a non- enforcement setting and just kind of hang out and we answered a lot of cool questions um about our role in the city of now then some of the equipment we brought um I I spoke to a lot of husbands who said they really uh needed to get their wives on board for buying a fan boat and um having seen that thing in action I I I kind of have to endorse it they're pretty cool so um with that um that summarizes our uh our service to the city of now then for the month of September I'm happy to stand for any questions we we do appreciate the uh the support of the department especially with the Heritage Festival I know talking with the lieutenant said lieutenant or Commander Lieutenant mza yes Lieutenant um and uh as he stopped back later the night had a few friends helping Patrol out there too so it was a it was nice to for the vendors to be able to drop off early and know that there was somebody there to watch over their expensive equipment so yes and in fact if you're looking for someone to guard your City Festival overnight I can't think of anyone better than Lieutenant Mendoza who is the he's the deputy Commander to our SWAT team and one of our most squared away tactical guys so y'all were in good hands with him uh him there all night in the city so uh we appreciate him jumping into the last minute to help with that so we do we appreciate that and uh and obviously the service to our community it's so send our thanks again to all the deputies that Patrol out here and the fact that you know the deputies are on duty here but the response we get from from others on the sheriff's department when we we need help or when we need backup it's it's certainly appreciate it so absolutely we are honored to serve in that capacity and we will be here uh if you ever need us you know how to get a hold of us we'll be here so Council any questions for the chief Deputy Mr mayor council rainville I just want to also Echo our thanks for uh your assistance with the festival um this is the second year where we've had the off duty overnight which is as the mayor said allows vendors to leave their equipment there's less setup in the morning uh volunteers don't have to get here so early and it allows us with our breakfast and things to get things set up and and left out rather than having to set up everything in the morning so I truly appreciate that and I did email the sergeant to send over his invoice and soon as we get that we'll pay for you sounds good wonderful thank you we know you're good for it so you know where we live that's right yep anything else Council no thank you thank you Chief Deputy thank you so much have a good evening thank you thank you all right Mr rupe I guess you get double duty here and triple Duty you do the Planning and Zoning yes uh I talked to Cindy about a different matter this morning and she mentioned that she was coming tonight as well uh I the city administrator had already requested that I attend tonight so I suggest that she contact Scott and see if I could stand in her place and Scott graciously agreed so Cindy has the night off with her family uh there's a the issue before the city council tonight is Peterson Acres there are two actions for the city council's consideration the first is a motion to approve final plat which is consistent with preliminary plat there is some conditions placed on that approval uh that we need some addition minor additional information final it's cleanup work but we are facing a 60-day clock on this so it's um our recommendation is uh your staff to that the city council approved the uh resolution approving final plaid of Peterson Acres the things that are missing that things that are on condition are included in there and then then the second uh document is a resolution approving the developers agreement that I drafted for this and that also is uh just needs basically uh the city Engineers blessing on the approved plans and then I will also need a letter of credit amount but that's based on those final plans and the construction numbers and then that information comes from uh Shane Nelson to myself and we can fill that in and then we will also have the dates of the final plans in the developers agreement so those are minor things are still outstanding they're all being included in your approval of the uh final plat as part of the conditions of approval so with that I guess I would recommend and request uh that the city council approve resolution uh approving final plat for Peterson acres and the city council will approve the resolution uh approving the Peterson Acres developers agreement and that developers agreement is contingent on approval by the City attorney the city planner and the city engineer as these final documents are received over the next week or so here they if they meet all of our approvals uh then we would uh authorize the uh mayor and the city administrator to sign the documents but nothing gets recorded until all of these things are complete to our satisfaction Mr mayor council Brian I make a motion to approve the final plat as well as the development agreement for Peterson Aces Mr Mayor speak I sign up to speak about um this isn't a public hearing on this you were signed up for the open mic and we missed you on that one I was signed up okay so I will give you your three minutes for the open mic because we missed you on the public forum so yes you can you can speak come to the podium introduce yourself and we'll give you three minutes as we would for the open form and we apologize for missing you on the open Forum so okay apologize for not earlier um my name is Tom sunstall I'm resident at 7933 205th Avenue Northwest here now then and I wanted to speak about the proposal for the Peterson Acres plat and the the resolution what are the final issues you didn't not you didn't State what those were I guess that need to be [Applause] resolved is that the four of them Bob on yeah subject to Plat and plan revisions final plat must be revised as per the comment of the the members of the engineer and the planner uh this report must be submitted uh soil borings report uh must be submitted for review to the city engineer Shane Nelson he's expecting that any time now uh and then there was a wetland replacement plan but it's still under review by the city engineer and there was uh specifications on the plans these are the plans itself to be finalized the engineer had a couple of revisions that they were looking for I don't know exactly the technical things on that but that in speaking with the city planner Cindy Nash she said there all minor and that because of the we have a deadline under the city if we miss the deadline it's automatically approved without our any of our conditions and stuff so that's why I was here tonight to recommend approval of it which stops that timeline but it's but the approval is conditioned on them providing all of this missing information here okay and that that that was my address issue at the Planning and Zoning meetings several meetings that they've had regarding this uh addition has to do with waterf flow there was two engineer reports on that the water flow they showed going one going east one going west the water in fact does go north through a creek and a culber from drain tole from that field where it's where the proposed housing addition is so I don't know what if the engineers have come up with some other reason but I do not still have any of to which direction the water is going to flow from that addition if it does indeed flow north in natural law of gravity which it is now through those drain towels if those drain TOS are disrupted there is a culvert going north under 205th onto my property the creek runs entirely through my property and out north and then it finally ends up toward Goose Lake north of my property I just wanted the city to be aware that I'm very concerned about the water flow coming from that addition if it does encroach my property what is the city's recommendation or what will the city do in regards to any damage to my property of any ex exponentially um greater amounts of water flowing through that system or sediment filling in the the creek that is already there has been there for several years it's not it's been there since 1938 I have a satellite image of it being there so that is the natural flow there's no Creek going to the West there's no area to the east which is private property which goes up so I don't know where that water would flow other than North and it does not flow too bassle because the DNR already acknowledged that so I just want to know if the Army Corps of Engineers is aware of all this and all that planning has been conducted other than the engineer for the developer and the engineer for the city Mr Mayor I can't speak to what other outside agents are reviewing this that's just beyond my knowledge uh but I can tell you that all of the grading drainage erosion control plans everything that they submit is gone through Shane Nelson who's probably one of the best Engineers I've worked with I've been doing this 35 years and fortunately for now then they have him I've tried getting for other communities and the idea here is is that when he is looking at storm water calculations and stuff which is really I think what you're talking about here where water will be flowing the idea is supposed to be that they keep they manage their own water now in the terms of the developers grp which I am part you know of they have storm water ponds infiltration basins and we built into that that the city would maintain those but when necessary maybe 20 years 30 years you know 40 years who knows I but the residents in that plant pay for that cost so it is something that the the city was mindful of the reason the city was willing to undertake that responsibility is the what happens if somebody with a backhoe who's not trained doesn't know the grading plans the city can go and pull the grading plans that were approved that were designed specifically to keep the water on that plat and then make sure that any facilitation control or when they clean it out the stuff that it's all taken care of that way to putting it back to the grade it's supposed to be so that the infiltration basins and storm water ponds continue to operate as designed and that was the idea so that's why we get involved and that's why you heard in that developers agreement that the city takes that role seriously so far we've never had to do it but it's it's we we understand in the future we might and so if there is some sort of a problem if you are seeing water then I think it's in your best interest to alert the city they can talk to the city engineer we can go out on the property we have rights under the terms of the developers agreement to go be able to go out there and inspect and if we see something has been changed because one of the concerns that I always have is that somebody who buys a lot there may do change the grade or do something for their own purposes and we may have to to come back in and say no this has got to remain as as designed so I don't know any I don't know if the DNR or Bowser or any of the other these groups to what extent they all reviewed all this I I just can't answer that because I don't know but I can tell you that Shane Nelson the engineer for the city does review all of these and he and his staff and then they make revisions to the plans which clearly happen and then once they are satisfied with the plans only at that point in time will they be incorporated into the developers agreement and only at that point in time even though we've approved the final plat it's subject to all these conditions so it won't be filed the developer will not get the finished product until the city is satisfied that all of these conditions that we've placed on it are are met okay so it's my understanding the Army Corbin Engineers does have a role in Wetland any reconstruction of development of wetlands whether it's state federal or private it's it's part of their mission I've talked with them and I can address that further I do more research if I have to the other is the flow of water that goes through there currently is moderated through that drain tile and it's a norm so what you're saying is if the development will hold that water so that will dry up that existing CC no I'm what I'm saying is is that the engineer designed this and approve it with the normal flow of water that currently exist but also any additional impervious surface that would be have from houses and driveways and all that they have to account for that extra water and typically that is done through infiltration basins and storm water ponding correct now if that does overflow and that does not work the residents of that development will be held responsible for any of the additional cost yeah flooding over whatever and I'm not going to aine about law and liability issues you know on that but I can but I can tell you is that if you do experience something like that as an adjacent property owner what I would recommend to you is you bring that to the city staff's attention they will then get the city engineer like we I've done this in the past if somebody has made a complaint to the clients they usually will call me I said let's get the engineer let's go out there and figure out what the issue is usually the engineers will go out and and inspect it I've done this with Shane and other communities not this one but a different one and we figured out no these people change something you know and once these we told these people you have to put this back the way it is the problem is solved okay well that's what's changing the development is changing the flow of water because you're that flow of that that changes are the engineering and grading the grading plans that the engineers all review accounts for all of those changes okay that that's understood I just wanted to have Clarity on what happens so what you're saying I have to wait for the problem then come back and address the city to see what they will do about it I can tell you two things about what he's talking about is the excuse me I think he's out of form right now okay can only have one person talking at a time here so Tom are you obviously until something happens and we we can't resolve something that hasn't happened yet if it does what our attorney is saying is based on our engineering of this that if we aren't able to maintain the proper flow to the drainage is as it is right now our calculations may have been off or somebody in the development altered something and then the city has recourse okay but until then we don't really that's fine I'm just making that point here today prior to this being passed so that it's made publicly on record the second uh issue I had is the dust control I did a email the council members a while back about the state statute regarding dust whenever a development or any project is conducted within a city or a project there is a certain amount of dust that has to be maintained or kept to a level at State Statute I don't have it with me I gave a hard copy to the mayor and I emailed all the council members a copy of the State statue on that previously so that they do have that copy if you did not receive it please tell me that now any council member that didn't get the copy I have it okay so it's been made aware to the council prior to this meeting tonight I just wanted to know what the dust on the road from The increased traffic and that's obviously going to raise I have livestock I have regenerative regenerative farming going on and personal health issues there's a whole bunch of things I could address with that but it's has to do with the dust control on that road because of the effect of the development so with the council with that in mind we've we've been copied on that the council like to have the attorney look at that and see if the council if the city has any additional responsibilities based on if there's a regulation there that impacts how we mean to in the road and again I brought this issue up at several meetings prior with planning and zoning and they specifically the Planning and Zoning told me that it was City council's issue to deal with any road issues so the the development's not their problem or the road's not their problem but it's your problem the city council to deal with that's why I'm here with that question Council would you like the attorney to to look into that Mr mayor council rville I agree that it would be a um it would be um to our benefit to have the City attorney look at it Scott you still have that email if not I can find it too to look at the issue of dust control Scott if you could email that to me tomorrow I'll take a look at it I'm assuming it's a statute that was provided statute and description of verbage of what it is it entails all right so I motion to have the attorney investigate that and give feedback to councel I'll second that any other discussion have Motion in a second any other discussion seeing and hearing none all those in favor signify by saying I I I opposed all right I didn't hear the was there a motion to approve I Know Dan made the motion earlier was that incorporated or have you approved the final plat I'm sorry yes we were still on that one right I'm sorry I'll send my emotion all right so we will look into that and you're on record so thank you but did you actually I don't remember we didn't vote on it okay so so now we'll go back to the the two items that before the motion that we passed was to have who who called it first I did and Mary okay for mayor motion by the mayor C or second by council member rainville thank you and now back to what we were discussing before we went to the open Forum so now we have the uh resolutions for the final plat and the development agreement the final plat being we're under a timeline here and the developers agreement pending the uh completion of the four open items there and I would also add to that open items number five uh potential any modifications required by does control right you know just open that up if there is a a a statutory requirement I'm not saying there is you know I haven't looked at that but I want to keep that option open for the city so I would add that as condition number five other than the four that were identified in in uh Cindy Nash's report all right with that Amendment and did you want to that's fine oh so moved so moved so again motion from council member Ryan who's the second on that was I didn't write it down I'm sorry we didn't get a second we didn't get a second second all right we have a motion Council member Brian second from council member Alders any other discussion with that addition all those in favor signifi by saying I I I opposed motion carries so Natalie that was to approve both the final plat and the developers gr Cindy would be so proud of me Mr Mayor Natalie and I would add with the conditions requested yes with conditions as part of the motion them yes there's four of them identified in the document and then the one addition for the dust control uh determination statutory determination all right we'll keep moving forward administrator update all right thank you Mr Mayor I just got a couple things here a couple questions on just light nice all right warming up yeah uh one of them is I just looking for clarification on what the council would like to do when it comes to the more engineering I know we've kind of been all over we've had a master service agreement that was taken a look at that probably would have been more applicable if uh we were talking about ms4 uh or that have them doing ms4 but now that we've made the determination that we're going to stay with Hawkins and Anderson really de outstanding item we have with more engineering would be paying for the road study that was done that we approved a few months back so I'm just looking for direction on which way the council would like to go would you just like us to pay that road for that road study and uh and be done and and uh and not get into the master service agreement or would you like us to continue down the road with that has the uh Road study been done is it completed it is can we can we get a copy of that we pay them okay yeah they want they want to get paid first I I would make a motion to pay for the work we approved okay on the road study and foro the master service agreement at this point second have a motion from the mayor who is the second council member Brian any other discussion Mr Mayor counil May Brian just to clarify is there any other is it's my understanding there's no other contracted work that we've asked more engineering to provide um was there anything else that was planned or proposed that I'm that I'm not aware of that would require a uh the master service agreement uh Mr Mayor sir uh no there would be nothing the only thing is I'm still working with them if you guys remember when they came in here they were talking about the $1,500 that they put into the ms4 and trying to get things from what we had on record to to their record so they could do the the presentation U that came as kind of a surprise to me we're kind of going back and forth John and I are on that I'm trying to make that go away so the only other thing would be what we agreed upon and and if uh if they're going to stick with that $1,500 for the work they did other than outside of that scope there's nothing else that we've been utilizing them for and to council members Brian's question and so there's there's nothing additional other than that question on the The ms4 Proposal that they I think there's $1,500 bill on but there's no other need for a master service agreement at this point no that was more set up Mr Mayor just if we were going to maybe try to add a second thing on like the ms4 or something like that I think at this point we can uh if you you guys have already talked about it but as far as just paying that bill and being able to get a road stud and move all right okay any other discussion singing hearing none all those in favor of the motion signify by saying I I I opposed motion carries second I going to have just a question uh rescheduling the Personnel policy meeting I I know we're we're we're running short on time here uh our project manager time with us is expiring here at the end of the month um I know there was a cancellation of a meeting um that I will take responsibility for um but just looking to see with the the clock taking here are we trying to do a uh rescheduling of that or or not this point I know we've got some schedules on we got some meetings scheduled already in October I just don't know if you guys are looking to have another meeting added to I think the work's all done we just have to approve it so can we meet on the 21st that done Mr Mayor you're under the impression the work's all done at this point I think I thought they that we got a copy of I I don't know if the the um the it the the sub reports the sub policies are all done but I think we were ready to roll at that last meeting through the end of the policy and just pending the what there was on the uh supporting documents the drug testing and the it and some of those things so I don't know where those stand because I don't think that was part of that last packet but it looked like in that last packet for the meeting it was cancelled that we were ready to go through the end of the policy so but we can find out at that point and then we still have about 2 weeks after that to what do the 21st work it's a Monday y Monday the 21st and Jason you still on the 6:30 shift here yep I'm available on the 21st what's that I'm I'm available on the 21st and I am a tenative all right Jason yeah I'm available okay so let's schedule it for 6:30 on the 21st can we get an uh Mr Mayor yes sir can we get an update policy sent out I don't see any changes going back till the middle of September unless I'm totally missing something then can we have that sent out whatever the the current status is there so that's way I'm sorry mayor if that was a question yes we can get the most updated what we have sent out yep thank you right so 6:30 ler I'll just double check with our project manager make sure we have the most updated information and make sure she's available for that hopefully she is but I didn't think about that either so if you could confirm that and get the the latest information I'll take care of and confirm that all right okay everybody good got it in their calendars we'll move on item C under there meeting minutes to be done uh so we were this information was brought to us by uh one of the council members here and we're doing some investigating right now with a place called Time Savers or we may be utilizing uh our Administrative Assistant to um let's call light on light duty to be able to help with some of the meeting minutes and all that type of stuff we will know more probably by the end of this week or early next week on her ability to be able to do some of that our our Administrative Assistant but we are also looking into Time Savers which is a company that actually will take our information or watch the video and be able to this is what they do for a business and be able to type it up and probably continue to to keep us on track a little bit there with uh getting some of those done and we're just trying to figure out what the cost of that is so sounds like folks that have used it are are happy with it uh we're just trying to put together uh what that proposal would be and we'll be bringing that to Council in the for the November meeting for that so all right thank you you're welcome uh employee anniversary just want to recognize one of our Public Works employees who turned over 20 years last Friday uh Eric bson has been with the city for 20 years we celebrated his anniversary with a some funds festivities if you will and and taking some pictures and all that some of you uh council members reached out to him and he appreciated that he shared that with us so just wanted to let you all know that one of our employees here is uh get the 20-year Milestone which was pretty neat uh in your packet you'll see uh one of the last meetings I was asked to be able to bring forward uh PTO request to the council for approval I don't know if you want to see it here or if you'd rather see it in the consent or wherever you might be but in your packet you'll see that I have a few days uh that I'm looking to take off in October here for some personal reasons and uh looking for approval to be able to whoever's going to sign off on it or whatever but but doing as I was asked there as far as bringing that forward with known PTO time that I have coming up in advance that's one of the things we talked about before that uh you know previously I would sign that off but I think it's really important that Council be the approval and I only sign after the council approves it so I'm assuming that obviously PTO that that's not an issue but but if we're going through this with the stiens and with this that as long as the council is okay with it I'll sign off accordingly all right that will be a yes Council approves that that when it's submitted and I would say that it probably can be in consent agenda going forward so consent agenda going forward and then once Council approves it then I'll sign off on it very good all right okay and the last thing I just have for for your consideration I I I know we don't try to put rcas in the administrator update but I just wanted to capture my thoughts and be able to put it in there so we did put it on an RCA uh so you can just take a look at it and I'm not going to read it verbatim to you but basically we're just asking that for efficiency sake if we're going to be um I I see a lot of value in Council being able to come in some of you come in and help us on it from time to time um but what we're just asking is if you're looking to come into the city offices and you want want to utilize staff time or you need us to research something ahead of time or something like that if you would just schedule uh with the city administrator kind of the timeline you're looking at and and what the item might be if we need to prepare something right um and I just put in there for example I I just I'd like for you at least to give me the opportunity if you propose a time and it's not a good time that maybe I can throw another time out there that might work and one of the examples I put in there is if the council members coming in and we're scrambling to get packets and all that kind of stuff uh last week would have been a tough day for us to or tough week to be able to try to get some of that done uh as you all know we were here pretty late on Friday trying to get that packet out and we still had a couple adjustments so um that's all I'm asking is just that to to to kind of schedule something with me if you would if you need to come in and use staff time especially since we're short staffed and then the last thing I just put in there uh for your consideration would be is there any NE is there any need for a council member to be in after hours over over the weekends or something like that to be able to do anything there my proposal would be if you're needing to come into the office and and certainly if you need staff Assistance or you need us to work on something that we try to do that through off during office hours so I think it's helped when you put the when the packets are running late you put them in that container out front that certainly helps because I don't think there's been any need to to go in other than to pick up something like that so makes sense to me Mr Mayor coun rain I would ask that we also consider this is something comes back from my days of being a scheduler for people is that we we try not to schedule anything during the first 30 minutes of staff's day or the last 30 minutes of staff's day so that they can get caught up quickly in the morning and and close out in the evening Mr Mayor Brian unfortunately that doesn't work for everybody so as long as you're scheduling it I've been working with with Natalie and Scott if things come up if it works to take their time at the end of the day to to work through things but obviously it's there will be times when some of us can't get in there in the morning and during the day and I think when we schedule that it's worked out fine right that's fine I just was just a suggestion yeah I think as long as it's scheduled and Scott can say this is not a good day weig okay that's fine all [Music] right um thank you very much I believe that'll take me to the end of my administrator update Mr Mayor I literally thought of this on the way up here is there any Headway on The Hires the the two part the three part times for office oh the two-part so we are in our first week of you're talking about administrator Mr uh you're talking about administrator up her administrator Administrative Assistant I'm sorry yeah yes so um we have the third candidate that just showed up today yep so we have three candidates right now it's been up for a week we're going to leave it up for one more week to see if we can get any other uh candidates I would say we have potentially two two qualified candidates if you will to be able to move on the interviews um one of the things I think we need to be talking about is what does the what does the hiring committee look like who's it going to be on the hiring committee for that if that's what we choose to do uh do we want to utilize a hiring committee and and I think that's up for discussion but um I think in the next week or so we'll have their candidate pool put together right now we've been pushing everything together with this fire department deal which I think we're going to be talking about here in a little bit but uh three candidates as of this afternoon council member Brian and we'll just have to figure out who's going to be on that committee and we're going to leave it up one more week and see if we get any more candidates so and recycling recycling so that was an interesting conversation that we had thank you for asking for that um just happened yesterday I believe it was and um our recycling attendant who is working right now um is liking kind of the Cadence right now because with a day on and a day off that gives him plenty of work to do when he comes in and all that type of stuff he said he could continue with that pace if that's what we wanted to do for a little while longer our recycling attendant who is not working at this time um may not be coming back let's just put it that way okay um so we do have to do something with that we're trying to get through the fire department and get to the administrator and then we'll deal with the recycling but I know that affects a couple council members in here are helping out on Saturdays I did see a calendar or kind of a a email come out looking for additional or sign up times and all that kind of stuff to cover I know you're not going to want to continue to do that forever so I think one of our options would be do we want to stay every other day with our existing employee and if it gets to be too much for a couple council members to help us do we consider every other Saturday as we go into the fall and winter with the recycling it's just something we're kicking around looking at the volumes doesn't make sense um or we certainly can once we get these other hires done we can certainly take a look at the recycling uh attendant concerns if you will and get a posting out there we do not have anything posted at this point okay cuz I just was checking because I I know we did all three when we brought it up last month so Y and we were yes yeah okay we just have not got to that one yet okay y great question thank you for asking all right move on to new business all right first thing is an RCA here to uh invite the attorney to our meetings on a regular basis um I'm still in favor of doing it on an as needed basis but um I think to the attorney's uh discussion last time he was with us that we make make need to make sure that our motions are clear that are we clearly are directing staff what is it we're asking to be done I don't know that um no offense Bob I I know where your cheapest account but still cost money to have you drive all the way here and that is true on both accounts you are the cheapest client I have you are the lowest hourly rate but I do cost money yeah and so I think uh you know as as needed uh to call in his Professional Services but if it's simply to help us make better motions I think that's our responsibility as a council to make sure we're making clear motions and giving clear Direction so it and my my recommendation at this point would be to move to uh utilize the attorney as necessary and specifically for legal issues and uh and clean up our own motions and directions that' be my motion I'll second for discussion all right we have a motion from the mayor second councilman Brian discussion um Mr Mayor coun Brian for administrator ler have you got looked at the budget and seeing if something like this would fit or how that would affect the existing 24 budget as well as um how the 25 budget would uh be affected Mr M sir so I I have taken a look at that and we did talk a little bit about if this is something that we wanted to do ongoing that maybe we'd have to make some adjustments ments uh to the budget because we haven't budgeted for our City attorney to be here for every meeting but in discussions with the city attorney uh we did talk about uh we've had some discussions in the last week or so with some of the outstanding items that we have that we seem to be talking about and we talk about and we talk about and then we so it was recommendation and a conversation I had with the city attorney that maybe uh his Services would be uh helpful to have uh for this foreseeable future but not going on forever and ever just to be able to maybe drive and I think that's part of tonight's discussion is trying to drive a couple of these things that have been on here for a little while also so uh I put it up here as a as a discussion for the council um there certainly is is some money there the budget short term um but if we were going to do something long term then we'd have to make some sort of an adjustment we do not have the money in the budget for our City attorney to be here throughout 2025 without yeah y Mr Mayor rain um I like the thought of a on a caseby casee basis and it will just take communication between City attorney and City administrator um and we need to be more clear in what we're doing um I think though by having them at here having him here at times we had we didn't budget for it but I think sometimes what he is doing is cleaning up things that we didn't get done correctly so I think some of that's already in the budget um maybe just a different view of it but I would say do on a case-by Case basis if um we could prioritize the couple different things that are on here that would need his input that we could get that looked at by the end of this year and and see what we can get off our plate or have direction from the attorney to how we would move forward with it in 2025 anything else seeing and hearing nothing all those in favor of the motion signify by saying I I I opposed motion carries all right now we we have Mr ortell Mr Mayor Mr ortell uh seems to has been with with us since I started here uh we've gone to court we've gone to the court of appeals uh just just for the record we've been this has been before this before we were a city correct this is this goes back to Township days goes back to Township days but also when we were at uh uh court of appeals district court court of appeals uh this was during your city days it's been going on for quite a while there's an open excavation it's been there for more than 6 months right now there is a you have pictures of of property in your packet those were taken by uh Rum River Consultants your building officials from uh Jason Property uh and basically it's an open excavation it's a safety hazard Minnesota law does allow you as the city to order that remedy and the remedy is three potential items One open excavation you started building build it that's option number one in the statute that option is not available to Mr ortell because of the court cases that we had around two 2005 thereabouts and uh 2007 was close uh but that he can't meet your setbacks and therefore the city council at that time denied his building permit request he took us to court uh The District Court ruled in his favor we appealed to the court of appeals and the court of appeals reversed the district court saying no the city was correct in its law and its application of facts to the law they he was not entitled to a a building permit so that option is no longer available the only other two options is either to fence it or to fill to grade if you're going to fill to grade you'll have to remove the concrete uh masonry that's there right now according to your building official and given the investigation done by your city administrator there's a quote for filling it to grade and removing the concrete uh by uh one of your local contractors uh for $3,500 what I would recommend to you is you adopt this resolution called an order uh we serve that document on Mr ortell once it's served he then has 15 days to remedy the situation by uh complying with the order or I guess he could appeal to the district court if he wished or he could come before you and ask for an G of extension that you might be willing to Grant uh but right now now the this is It's a state statute that lays all of this out and I have put together a resolution for you the one in your packet was an older version the one I handed out earlier tonight is the one that I would ask that you consider adopting it would be this resolution and the Seven Plex me seven pictures exhibits that are in your packet and then that document once signed by approved by you signed by the mayor and the city administrator would then be served personal service like a complaint get a sheriff's deputy go out and serve it and then the time frame for 15 days to remedy is on Mr ortel and if he doesn't do it within that 15 days then the city has the legal ability to go on the property and take care of the work and certify the cost onto Mr ell's property taxes and I would if that happens I would be uh adopting a resolution to certify the cost under state law for you guys and then my time for drafting that document would be added into what we assess so the um the likelihood that the sheriff's department can find Mr hotel to serve him on this that I can't answer nothing starts and that clock doesn't start until he's actually served yes he has to be served he has to be given notice of it okay yeah just for those that haven't been out to the site the pictures you see um that that snow fence is about from here to that back wall from the neighbors's patio and they're sliding glass doors so their kitchen window looks I've been looking over this for a decade and that's my understanding that snow fence was put up by City staff in order to try and at least identify the hazard to people when snow comes it's a it's a big hole yeah all right Mr Mayor raino I would move that we uh uh adopt resolution number to be determined um ordering a hazardous excavation located at 20930 Clary Road Northwest to be protected or filled and according to the document provided by our City attorney second and a motion Council marille second by Council all there's any other discussion seeing and hearing none all those in favor signify by saying I I I oppose motion carries and Mr Mayor I'd asked for an amendment to that that was uh I modified this based on administrator Learners uh uh information from the contractor that should be to be filled not protected or filled because we are not longer it's probably cheaper for the city to just fill to grade than it would be to do the fencing component cuz he got a quote for $3,500 to do that and that's probably either approximate cost or or cheaper so with the just uh I'm assuming your motion was to uh protect just would be to be filled right thank you and I'd ask the minutes to be reflect that accordingly right so Mary you okay with that yes Jason yep all right so that'll be amended to be filled and then I would take a second motion to approve uh should we uh get to the point the the homeowner or the property owner doesn't remedy themselves if the city has to take action that we approve the quote that we got from Perkins Contracting for $3,500 to uh demo the foundation and fill fill the grade so moved all right motion councilman Brian I will second that any other discussion seeing and hearing none all those in favor signify by saying I I oppos motion carries [Applause] all right we have a discuss an RCA for fire chief hiring process and uh my understanding Mr ler sent out a note today that we've had six applicants Mr Mayor since I since I sent that out we have a set that was hung up in the system so and that individual was one of the finalist just so okay so the request is to what does it look like going forward now Mr Mayor Mr ler yes we just put that in there just so we can understand the process and we can support as we move move forward so that was the whole reason just kind of have a discussion because staff um just wants to make sure that we understand what what's being asked of us I know we're on a pretty tight timeline I think to be able to uh to get some of this done um you know some of the things uh we can talk about as we go through but that was the whole reason is just TR to have a discussion so we are fully clear on what is being asked of us and we can have things uh available for this process uh in a timely fashion all right so I I will make a recommendation that um the the city administrator um I guess first of all is is Chief Schmidt still willing to be part of this process do you know yes yeah Mr Mayor Mr ler yeah the last conversation I I had with him he is uh willing to be part of the process he just needs to know what the process is and if he can work it in so yeah all right so my recommendation would be the city administrator the fire chief council member rainville and mayor Pon as the designated hiring committee on this one get together at the earliest possible date and determine uh the rubric to be used for the interim position uh for scoring the applicants uh second that if if more than three candidates uh passed the rubric the first round of interviews be conducted at the earliest possible date for that committee to get together uh that panel would include the hiring committee fire chief City administrator and uh as we did previously Chief Deputy Jacobson or design on the first round of interviews um if three or fewer candidates qualify for the final interviews then I would recommend we go with the uh final interviews for those three candidates two or three candidates on October 17th as previously scheduled um if the to be determined if there's uh multiple candidates would make it through the rubric more than three then we'd have to set a schedule accordingly um I would also like the council to be able to submit questions that they would like like to hear from an interim candidate and they would need to submit those to keep this moving forward to the city administrator by end of day Thursday October 10th and that the administrator would then forward those uh questions to attorney rupy to make sure they are legal and appropriate and that the final questions to be used in the interview process would be determined by the four people on the hiring committee and depending on those one or two rounds of interviews we'd have to set a date to select candidate and and agreement to start a starting date so did the council or Natalie need to hear those again I think I got it so three or fewer candidates or finalists excuse me then it would be you all all all three would be interviewed on October 17th by the city council correct if it's four or more then we would have to have a preliminary round to get it down is there a deadline for reporting on the four or more well that's that depends on uh when when the committee can get together so the rubric we'd have to get together as soon as possible if I know tomorrow is typically a leadership day team leadership day I don't know if that's something could be done as early as tomorrow there open I Mr mayor council R I am open tomorrow Thursday and Friday I am out of town I have to uh head out of town 2:30ish um I could go a little later but if we could do that tomorrow to establish a rubric and then U score the candidates after the leadership team meeting uh before if we could I just know that that typically the chief would be coming to that um if we could arrange something for tomorrow and I'll have to talk to the chief Deputy I don't think he was aware that he was being added to well I'm saying that's just a suggestion since that's what what was on there before he send an email so he can't make it I don't remember seeing it okay we sort of okay so Mr Mayor approximately what time are we talking tomorrow just so I can plan my day I would say afternoon afternoon okay I don't know what time Chief normally Chief Smit normally comes in for that meeting for leadership meetings it starts at 2 o' so you come in at that time can is well you can check and see I'll check with them all to double check with them I know that Chief said if he's not available he would certainly uh provide a captain to process also um but are we are you asking me to look maybe somewhere in the 1:00 time frame maybe that was sure if that works okay not the leadership meeting is scheduled for 2 o' I just don't know if that's too late with what you were just talking about for your schedule I I will have to be flexible okay so that is to discuss the rubric yep understand that correctly and then I should be receiving questions from Council by the end of the day on the 10th Thursday correct okay all right so then we will and that those would be forwarded if if you receive any those would be forwarded to the attorney for vetting so if you receive any any questions from the council yes those would be forwarded to Bob to be vetted to make sure I got legal and appropriate my mind was still stuck on rubric sorry gocha so that would be Friday so you so by end of was just putting a time frame tomorrow is the 9th so by Thursday at the close of business on Thursday any questions from the council that they'd like to see asked will have to be submitted to the city administ administrator and then you were going to then forward to me Friday morning or and then you need me to to give you a responds before I have to leave town I got to go up North for our legal seminar that we're putting on up in the Iron Range so but I won't have to leave until late afternoon but so if you could get those over to me I will turn those around and get you a response back then it's my understanding from the motion what's being discussed here is that no matter what questions are submitted by Council and it's still up to the city administrator the fire chief the mayor and and councilman Morinville to determine the final questions that are going to be asked is that correct correct all right any other questions on that from the council I'm assuming you're using the same scoring sheets that you used for the fulltime fire or is that part of the that's what we'll be talking about tomorrow you do have to follow Veterans Preference I just you know whatever Rubik you establish we have to account for Veterans Preference but again this is a temporary position I guess we don't actually I I take that back because this is a temporary we don't have to worry about that okay so as a temporary position we don't that was the same thing with the in six months we didn't have to worry about the par Mr rupe are you referring to the Veterans Preference when you're saying we don't have to do that for yes okay I'm just so used to any employment that just go straight to the Forefront you know so Mr ruie or Mr Mayor can I ask a question yes ma'am so so if they hire somebody who is not or who is a veteran and that inter room applies for the job does it have to be counted then if it's a fulltime for the part-time position this is an interim part-time fire chief right and as long as the as it looks as if it is treated as a part-time in this case the it was up to six months was what was uh being contemplated then it's it then Veterans Preference doesn't apply right however during that six-month period it's going to overlap where you're going to be looking for a right you know not an interim but a permanent part-time fire chief in that situation Veterans Preference would apply so it will yes if it's permanent Veterans Preference would apply all right Council any other questions all right Mr you have all that documented on that sheet that what we just talked about um pretty much yeah be able to get a copy of that just to make sure I have that for thank you send you one that's not written on that's fine I just want to make sure we have it captured so I don't we're not missing anything on our side I'm sure the minutes are reflected just perfectly but it' be nice to have that document so they won't be done tomorrow all right thank you and Scott when you get that if you could maybe email that over to me so I have it in my file as well so that there's any questions in the next day or so here as we're working through all this will'll all be on the same page I can do that sir the only thing I don't have in there is because I didn't you didn't know how many candidates when I wrote this up so just the uh flexibility on on that part C Rainbo um just that I would also be copied on that as being on the high rank committee cool congratulations on getting that many candidates yeah that's more than we had for the fulltime interesting all right anything else on that Scott should cover my side thank you um discussion of sale potential sale of property to A and B [Applause] Welding did you want me to speak that yeah I had you're ncer in that these double-sided things I had trouble keeping the U all right so anyway the um we have an outlock next to A and B Welding here and they have expressed some interest in that outlot there it is all right am B Wilding has recently reached out to say they're interested in purchasing the land uh next to their business that's currently an outlot from where the industrial park was created um it's been an outlaw since probably at least 20 years there when the industrial park first started back in Township days that property is owned by the city uh the only thing we do on it is C comes mows it a couple times a year and take some hay off it and we get a 120 bucks or something part so it's not doing the city any good at this point um so they've expressed interest in buying that property so the the first question is um knowing that there's there's city property that um that we have the question is is the interested in pursuing potential sale of that property we wait for Jason to get back here um then the second question will be should we interested in selling that land authorizing administrator laner to work with our City attorney our city planner and engineer and and because I've been involved in this up to this point I would like to the council to authorize me to um participate there I know it says in here um the mayor we may include the mayor at some point as it was one of who was engaged in conversations with a and b um I also was aware of the uh the Wetland the te meeting that was taking place there and the Wetland delineation when this first came up and the discussion with Bowser as to how to drain that properly um so I think it would be helpful to rather than reinvent the wheel with the staff coming in to to take what we already learned and work together to say is this land buildable before we sell it um because obviously if we're going to sell to the major uh industry in town one of our largest businesses and they're looking to build on it we don't want to make sure we've done our part to say this can be replanted because it's right now planted as an out lot what would it take to replat that and then what concerns would there be from what Shane's company has done on the delineated Wetland and setbacks that would be acquired there so I think it would be prudent to have us say here's what you can do with it so they can make an appropriate offer to the city for that land should they still continue to proceed so Jason the first question would be are we interested in in pursuing potential sale of that land so I will asking the council and the council is in agreement do anybody disagree with that no so Mr Mayor May R how do we at what point do we determine our asking price and that would be a question from Mr Ry you can actually that's one of the times you can go into close session to have a discussion about that but I think the very first discussion would probably be maybe a zoom meeting I mean instead of having everybody drive you know but maybe have a zoom meeting with Cindy Shane you know if the mayor is part of this and Scott about what what everybody everybody saying what they're their ver what their issues are with regard to this property and what it options and if then I think that would help narrow down the things it'd be difficult if like Shane's on the phone and giving information to the city administrator and Cindy doesn't hear it and then Cindy's talking and so maybe getting everybody into a a zoom meeting type thing where we don't have to travel I don't know there's any benefit to coming out here and looking at them you know but I think just having everybody's input Shane and Cindy have it all on there I'm sorry Shane and Cindy have the entire history of this on their computer so this is okay then it it would be definitely beneficial just do it by Zoom yeah then it after that it's just making sure everybody's sort of on the same page from the city perspective then the when the city knows what can or can't be done on this property then that may then and and after we know what can or can't be done if that still meets the desires of a andb welding if they're still interested then the next step after that would be for the city to go into have a special meeting go into close session or you depending on how fast they need to move maybe at a a a city council meeting and at the end of the meeting it gets canceled or we meet a special like half hour before to talk about what the price should be and then then it's negotiating a vacant land purchase agreement with them and for that purchase price or some other price that's negotiated and then after that it's you know if is it's contingent on getting platter approval or you know depends on what the terms of that contract look like as it's negotiated but it's not very hard to do you know it's it's a one lot plat and the real question I guess I would have is I see a lot of wetland low-lying area and that's and maybe that goes to what the mayor was talking about with the te panel and stuff you know those are that's maybe there is stuff that can be done with this property I just don't know know what it is often usually an outlaw there's a reason it's an outlaw it wasn't platted you know so in the other question I would have and this is goes to back to more the engineer Shane Nelson is was this a holding Pond you know we've talked about that earlier yeah we as a platting when when the city or I guess it would be the township platted that did they was that part of a holding Pond and if that's the case then that do we have to hold this or can we account for that water in another location if we own all the land still I don't I just don't know enough about this yeah just and we don't get into details here but Bowser when they came out as part of the tip um the concern was way back when there was a delineated Wetland on there and even though we've been hanging it for years there's a delineated Wetland as determined by Canary grasses and certain weeds or certain grasses and uh I always thought their concern was any place where where Cattails were gr is what the DNR was concerned with and what Bowser was concerned with but that actually is is a infiltration Pond and that can be moved anywhere on their property as long as they consider where it's draining so if they keep the natural drainage and they they allow for the uh impervious surface if it's increased over what it is now uh they would just have to calculate the the retention Pond and the flow of it and Bowser said the flow can be directed to where it's going right now with their infill and excavation elsewhere in their property so but that's that's where the discussion with the engineer and the the planner is to it's an outlaw what can be done and and at what point do we just say okay these things are legal you guys now take your engineers and decide what you want to do with it exactly and does this still have value for you yeah and then we decide what our purchase price is we can do that in Clos session uh but it is one of the things that it's a kind of a necessary first step is kind of what can you do luckily you're the city and you have the city staff and you're the Planning and Zoning Authority and so really it is is getting everybody on the on the same page as to what are the options for this and if that meets this or some other buyer needs again it's right now it's not doing you any good so it may be a win for everyone so Mr mayor council R um I it is I mean if we are able to sell this if it's a usable lot for for a andb welding it does take and put this lot back on the taxs what it what the value of it is for an empty lot tax purposes I have no idea um what what I don't want to see us is Reinventing the wheel um we've already incurred costs um due to these earlier conversations that we weren't aware of um as the entire Council so I'd like to know what has already been determined what can and can't be done there um again I don't want to pay the same I don't want to pay over again for some discussions that have already occurred and I can't tell you that cuz that's that's not I don't know again the only discussions at this point was the uh the te meeting and uh unaware that from that meeting that that um we would be charged for the delineating the wetlands that they went out and marked the wetlands and then mapped it all out so there was there was some cost to mapping that out um if we were to attempt to sell it to anybody we would have to know that and so no determination has been made as to other than there is a setback from Wetlands delineated wetlands and um the water flow if the Retention Ponds were altered could be altered in such a way that is acceptable to the The Watershed uh their concern is um that nothing gets Disturbed they don't want any drainage of that Wetland so you have to retain the buffer but other than that there's been no specifics um other than it's it's platted as an outlaw and that would have to be replanted but there has been no discussions beyond that um because at that point they said it's up to the engineers for the potential buyer to to get involved but at this point we just would have to be able to tell them it's a it's buildable under these conditions or it's not I don't you know again how big a building and how far they want to encroach and what that does to the wetlands that none of that's been calculated determined nor the um impervious surface so so again I just would voice my concern we've already paid to have some work done that we didn't know we were doing um and that we don't reinvent any Wheels that's yep and that was you know the original discussion with with the Mr laner and Mr rupy was those are you know you have to figure out if there's any entanglements with the lot and if there's any restrictions and so that was if we were going to sell it at all um those would all have to be things that would be determined so but no there would not be a redoing any of those things we've already paid for all right so we've uh the council has determined that they are clear that they're interested in investigating the potential sale of the land um so now the uh motion to approve for City administrator to work with the attorney the city planner the engineer and uh the mayor to formulate a plan moving forward to bring to the council some move all right have a motion council member Brian second it second from council member Alders any other discussion so Mr mayor council is does the what is the council's wish as far as um we're going to be talking about the stien again um is this a meeting that is going to be fall under the the meeting stien or is it not for non City staff I would say no I agree y thank you all right any other questions or comments all those in favor of the motion signify by saying I I I opposed motion carries all right we have a uh RCA here on the uh certificate of occupancy for 20330 inan Boulevard and Jason it so let us get let us get some background here and we'll see if there's something that you can add to that so my understanding is You Know It uh look look at our packet Council uh requested that Scott go out and check to uh see if the things that we had discussed previously in what was the development agreement on this property were done um there was a covert at the end of the driveway that was plastic need to be replaced with a metal covert um the driveway has been straightened out at the end which was requested uh there was a bypass lane to be added at the top of the hill coming into the driveway I think where they originally dumped the gravel but there wasn't didn't appear to be a formal bypass lane there uh there are still some concerns about the turn of the top of the hill where they might have couple of small small trees need to be removed for ease of fire trucks turn around and the Hammerhead uh originally I think on the design was 12T by 60 ft um when Mr Lena went out there he thought that that was not sufficient at that point um in talking with with Mr gussi and Dan earlier on this um my understanding was the Culvert was backordered they're waiting for the metal one to come in they would be replacing that plastic one with metal when the backordered one came in um the driveway has taken care of the bypass um we have that what is there on the side of the road is not sufficient and they'd have to bring in more gravel to that bypass if you're familiar with that at the top of the hill um the couple of trees there for the turnaround would need to be marked and removed and uh that didn't look like a significant Challenge and then the the question was they thought the Hammerhead was sufficient and nobody told them otherwise so the hammer head that they put in presumed to be sufficient and having heard nothing otherwise this is the first uh they've heard that the Hammerhead isn't sufficient but if it needs to be improved obviously it it needs to be improved um I guess the question to the council is um Dan is is currently out of the country and uh I know he's asked you to step in and answer what you could but the question is would we as a as a council authorize a temporary certificate of occupancy while these last three things uh get clarified I don't know if you know when the covert's doing yet um I know was back ordered but nobody knows exactly where it is um but with the um would the council consider a temporary certificate of of occupancy when this first came up um when administrator ler and I uh had a conference call with Mr rupe and uh uh Andy Frader about a temporary certificate Andy's concern was is the house done his concern was you the city may have concern as as far as the driveway since this is a planted lot but his concern was I'm not going to do a certificate of occupancy without the house being done looking at the correspond it's here it appears from Lori Bloomquist that the house has been taken care of but the outstanding things are the questions on the driveway um with with Mr guson U being out of country at this point he's requested that he come before the council to clarify that all these things were done and was asking for a 45-day temporary permit while he gets the covered in and gets the rest of this straightened out now that he knows that it wasn't satisfactory to the to the city said up to this point nobody told them it wasn't satisfactory so the request is for a 45 day temporary occupancy to get this cleared up and then get a full occupancy um on his return from Europe so I would motion that we would U issue a a 45 day temporary certificate certificate occupancy um and that get these these things get cleared up before our council meeting in November Mr Mar is it 45 or should we do 60 to make sure if there's adequate time I was going to say 60 but that's beyond our Council date but 60 6 60 is fine so I would amend that to 60 days I'll second it all right we have a motion from the mayor second from council member Alders discussion Mr mayor council member so I believe previous discussion was what are the ramifications if after those 60 days the conditions are not met then there's h no certificate of occupancy now again if if we're saying that the the Culvert um and and if you can't find the one you got to find another one find find an appropriate CT of appropriate length with the uh uh and get that in according to our our driver driveway guidelines um the Hammerhead and the two trees being taken down and the uh the gravel on the side for a pulloff if that can't be done in 60 days we got bigger problems then but at that point they have no occupancy and I I would guess that'd be an insurance problem at that point so other questions Mr Mayor May rainville attorney Ry so if we get give them the 60 days and that doesn't the work required doesn't occur um we have the authority to go tell them to move out of the house yeah that would be basic we might have to take them to court to move them out of the house but the temporary certificate of occupancy would not would expire okay I'm sure Andy Shader your building official Rum River Consultants would give them a notice of of of should mean there's a certain type of order under the bill code for that and then your ordinance your ordinance which I have talked to Mr Shader about basically says no certificate of occupancies will be issued where there's a health safety and this qualifies with the for the fire department not being able to get back there so we have legal basis for denial of the certificate of occupancy I would I would hope you know that this the you know I don't understand things being on back order but the other things you couldn't do within 60 days I mean so that that that is more or less more or less bringing in truckloads of gravel to whatever is necessary to meet the needs that the fire chief has identified and I I think it's Inc Comon on the city to make sure that's identified if they're saying these two trees need to be taken down let's mark them with a red paint and and they can take them down yes if if the my understanding from the the drawings the plans were submitted the Hammerhead was 12 ft by 60 ft if it's not if it's not 12T by 60 ft it needs to be expanded accordingly right the idea is that they pull the truck in and then back it around to the house to where they dump the pool this is we're just requesting the minimum required by the fire chief and as long as that can be accomplished then I don't see you know any issues you still have issues with regard to the plat with regard to final plat and the developers agreement and so forth that's all still outstanding okay that either you know they that's a separate issue at this point in time but it's still something that is still outstanding and has to be resolved one way or another at some point in time I don't want you guys to forget about that as the immediate needs are taken care of so Mr Mayor rainville who is going to be responsible for watching this in the 60 days um marking the trees that we want remove that should be removed um so that there isn't any question as to what trees we're looking to have removed I don't know if that would have been on the initial plans we don't have those plans here it it wasn't um so then who who who are we going to task with that as far as marking those trees and keeping track of whether or not these one two three four items are being worked on Mr Mayor may I speak yes sir please identify yourself uh Jason gson 2330 Boulevard two questions first is on the Culvert obviously you're requesting the metal because it's DOT approved and the plastic ones generally aren't that being said culverts aren't necessarily required in a driveway so if I simply remove the CT pack it back with dirt would that be sufficient that's question number one hang on let's let's answer do you know that Scott I do not know without looking into that I do know that when they put when they applied for the driveway they signed the document that stated that a metal CT was going to be put in there and that they were going to adhere to putting the CT in there so I was surprised huh that goes to Shane and Joe first yeah and it went to Shane and Joe first obviously but when I did the research when you guys asked me to look into it I went back to the documentation that was signed by your father uh the that the permit when he was pulling the driveway information and um and it was clearly stated in there that it needed to be a metal C place to there okay so the reason I ask is cuz I see new development off of 181st which I believe is on the south end of now then okay where driveways have come into new builds and they don't have culverts so if culverts aren't required then I can just pull out the plastic they're not always required it depends on the topography and where the drainage is there is some situations where they've never had a need for a Culver and that's why it's kind of on a case-by Case basis and that's why the uh public work uh head of the public works and the city engineer were involved as you heard Scott the city administrator say so they reviewed it and they must have determined that it was necessary he he just said there was a check box yeah that somebody who's applying for the permit checked the Box not that it was a requirement but what I heard was that Scott had communicated with these individuals and they agreed that the and I understand that that uh our Public Works director has been out to the site and he is one of the people that was communicated at least at a meeting that I was at that he was unsatisfied with the covert so that tells me that the cover in your situation is needed there may be other properties when you apply for a driveway permit one of the reasons we ask people to apply for a permit is so that people can go out and view it and determine whether it's necessary and what type and what size it's not a one- siiz fits all and and we have records of somebody going out prior to the permit that said that that was required do we have records of that okay I just want to make sure is that is that available for me I'm sure it's public data that you can have that he goes out and he checked it for us while the after the permit was applied for okay and signed off by for by your dad so okay and when I built the Hammerhead I built it 20t wide and 60t deep so to say that it doesn't fit the 12T just doesn't make sense I mean I have measurements and I'm happy to go take pictures I'm not I'm not here to argue I'm frankly I'm just tired of this process what's taken me two years here took three weeks in Park Rapids so the process has just become long and drawn out and I'm not against the policies and stuff like that I'm just trying to keep moving forward get a drug across the line if I just could find it so back to council member rainville question when this was first determined that that the Hammerhead was necessary the tree removal was necessary they recommended uh turn off so they could stage a tanker at the top of the hill there straighten out the driveway that was all the fire chief and uh Public Works SL firefighter that went out and determined that so if you're saying you got a 20 foot by 60 foot Hammerhead correct the trees didn't come down and I I was out there with them when they said yes there they're backing around here they would there's a couple of trees on the east side from the Hammerhead back towards the house if you're backing a truck up you'd want to take those out so not actually in the Hammerhead area then so more going sorry towards the house towards the house and then right on the bend as you come up the hill before you get to the Hammerhead there's a couple large trees right on that that if they have to go back down and pass each other they okay I think it would be easiest if we could coordinate a time or I mean you can go out and mark them but if we could coordinate a time to go out there and just take a look at it just so perhaps it's I'm not understanding it correctly that's quite possible and that I think that might help yeah so um to council member ril's question I think because uh you know we have a public works firefighter that was out there with the chief to identify those things we have a plat that shows where the pulloff would be or the turn off for the staging the tanker we have the trees on the corner there and a couple of trees where you back up towards the house and then if the hammer truly is 20x 60 um if we could sign off on that or and and by the way I'm happy to bring in more gravel to give you a passing area I have a great spot that's still at the top of the hill where I got a whole field you can get through yeah I think it's where you dump the gravel to begin with that's exactly where I dumped it that's where they suggested it pull off so that they wanted it it uh long enough to pull a tanker in there the other tanker the empty tanker could leave and it second one could go up hopefully you'll never ever need it but that was the idea yeah I hope not exactly so from that standpoint with the the the covert you know if if this is necessary for drainage you get the medical yep um the driveway has been straightened we got that one taken care of the bypass lane you can bring some more gravel in you know where they're they're talking about it's designated on the map to its length and width um and then um the trees the two trees Scott you know which one they're talking about as soon as you start going up to as soon as you come in and you're getting towards the make the 90 to go up the hill to come to your house yeah right there those trees right on the corner cuz the turns too tight to tight the turn gotcha okay makes a little bit more sense they were they were worried about being able to get the large firet truck in there trying to make that corner to be able to get up safely or coming back down the hill so it's those trees right on the 90 before you start going up the hill to the house gotcha so that's actually down the hill from the Hammerhead so we're right we're two we're in two different spots I'm glad we're I'm glad we had this discussion actually what they said though is if you're backing the truck out of the Hammerhead there were two small trees on the east side there they also right just just to make it a little wider your backing a truck up potentially in the dark and yeah and and that's that I was not aware of that so it's glad that we're clarifying that but yes the trees I was talking about in my report know exactly you're talking about and if there's if if there's documentation that stated he only needed to have a 12T by 60t Hammerhead I haven't seen that with my eyes so I I probably need that because then I think you're pretty darn close because it was it it looked like it was a a clearcut just kind of straight in kind of deal right right and it's approximately 21 1/2 ft give or take couple that's what the agreement cuz I was looking for a little different style Hammerhead like we've been used to and all no this is this is a straight pull in and backr to he's probably got it then yeah and it's just a matter of what the ground surfaces if you're going to bring a 40,000 lb truck in there loaded to make sure that the ground isn't it looked like it was a little soft the day I was out there I still have to add gravel into that area and I I'm aware of that the rest of the driveway is obviously firm after bringing in 800,000 lb of of gravel sure it's just a small driveway yeah it was a lot of fun so I've had 90,000 lb trucks on all of it yeah so if if that's what the agreement was which we'll go with a 20 if you're going to have a 20 foot wide turn around it's a straight slot yep and then they back up to where the driveway splits and dump a tank to dump to if they had a pool or something sit there to do yeah then I I think you're about ready to score on that one I I think yeah I would just love to get the exact trees and I will chainsaw them right away promise all right so take care of the bypass lane you'll cut down the trees yes you bring in some more base for thehead and then can can we designate uh Scott and Isaac to go out and just verify it sure if that's the case before or after the cul you want are we going to deal with the c separate I I'd say the Culvert separate because that's not really the the fire department's issue okay but obviously the Culvert needs to get straightened up within the 60 days we're talking about you okay you okay if I grab a fireman and oh absolutely take a look at yeah no you're 100% welcome uh the CT I ordered it from Tractor Supply they don't know where it is I'll order a different one from another place I'll get it it'll be a couple weeks it's expensive can sell do we have do we have any to sell don't have any we we typically I can definitely check on that yeah we typically I know we just had a bunch go out but we might have something or something coming that might be boy if you had that that would be a time saer for everybody involved that's for sure I'll follow up the public work see what we got I appreciate it follow you yeah that'd be great all right all right that being said any other questions or comments mayor I got one last question you uh has anybody talked to Andy at Rum River is he good with the temporary seal I haven't had has any no the only conversation we had was when you and Bob and I talked with them okay back in August I had a conversation with Andy at rver about this and I asked him the ordinance states that there's health safety issues that the certificate of occupy is not supposed to be issued uh does he I asked him I did not go through the State Building Code and I didn't I didn't want to spend the time to do that I said is there anything that overlaps this that would require you to issue a certificate goes no we rely on the city codes in addition to the state building codes so he does look to see if the building is actually constructed my understanding is it is and he's cool with that and now it was just this health safety issues and it sounds like those are in the either have been resolved with the the Hammerhead or will shortly be resolved other than the Culvert which I guess yes is is still kind of an outstanding and then uh but I do it's functional just not to the city policy right if the council is okay in granting the temporary 60 days uh 60-day temporary certificate of occupancy I would suggest that Council direct the city administrator to contact Andy Shrader tomorrow and let him know what the status of this is what we're doing and why we're doing it and when we think things will be done just to keep him in the loop group so that he is on the same page that the council is he seemed to me to be okay and he was going to take direction from the council okay because if we thought it was safe and the and he understood a lot of this is coming from the fire department so if the fire department would sign off on it then he would sign off all right any other questions or comments Mr mayor council May Brian can this motion be amended that if all the requirements are met within the 60 days that a that a permanent Co is issued as determined by who okay well oh we'll know by the next council meeting which is prior to that so okay then don't worry our next council meeting is like 35 40 days trying to things Y no I but I I I think it sounds like we're pretty close anyway so we can get it verified we should no short if maybe with Mr gson permission the city administ or or someone he designates could go out and before the next city council meeting and check on these remaining items and give a report back to the council yeah because at that point we could say it's complete and go with the seal and then then you would need to you know give that information to Mr shrer so that he could issue the complete yeah all right all right so to to amend the motion to include Mr rupe's recommendation that Mr laner work with Mr Shader on this and the council's uh directive is to issue a temporary Co for 60 days uh with the work to be completed and as soon as it's verified as completed we can move to a permanent seal that being understanding any other questions second work for Justin contract anything to do with this he was just curious what everybody was saying about his building oh gotcha he's my Builder he's also a really good friend of mine so it's just he was a gentleman that was in here sitting next to him he actually went picked up our kids from hockey did okay excellent he said I got to go yeah I I got to pick up your kid too and I said yeah cuz I'm still here all right I just want to make sure it worked for all parties cuz I knew he he called me and we talked and he had a little vested interest in it too so yeah yeah he I mean everybody's got a Ved interest in it you know I built a beautiful house we'd like to use it and everybody wants to be involved and happy that we're there and you know I get to drive by Jason's house and wave every day and it's a lot of fun all right that's all I have sir thank you all right all those in favor of the motion signify by saying I I I opposed motion carries all right so we should see something fairly quickly then yep I will call in in the morning and then I'll come out take a look and see what we can do yeah if you call me and we meet we can talk about the trees and then if you could look into the cul that would be a huge help otherwise I'll order more you'll have more than you need yeah right I I got a few extra pieces of plastic cul if anybody needs it same same for any Wetlands you discover yeah no we have the Wetland on the North side we use it all the time yeah one of the trails all right thank you appreciate everybody working together and getting that cleared up and you can uh text your dad and say he doesn't have to come back from Europe early so he said to text him anyway even though he was sleeping yeah I said no I'm calling as you're going to be sleeping thank you everyone thank you all right we have a item here to request the city council to reschedule the roles and responsibilities workshop with the LMC at the earliest convenience their earliest convenience was October 28th and as we saw earlier tonight administrator ler will be out at that time uh their next earliest convenience was [Music] November 14th Mr Mayor so do we have a m what was that date again November 14 November 14th that works for me they had the 12th and the 14th but we have a council member council meeting on the 12th so 14 so okay so is this a motion yes okay I would second it for discussion okay so we have a motion in a second determine new date to hold the workshop at almc city council admin City administrator and if available Deputy clerk um Mr Mayor councilman R um I would ask the council to vote no on this request for Action we're now into November um the reason I'm saving this is there's a possibility that we're going to have a 60% turnover on our Council after the November election and I believe it would be of more benefit to wait until after a new Council whatever that makeup is is seated in January 2025 um the information that's going to be discussed here would be important for the new any new count well there will be at least one new council member um for them to be able to help help them and understand their roles and responsibilities um in working with with the councel and the staff so I I would ask that we not approve this and we wait and hold that meeting in January for whoever it is that's seated at that time that's that's one option um the other is we still have two months that we need to figure out what our roles and responsibilities are and whoever is elected at that point certainly could be party to that meeting because they it would be educational for them and they'd have the input from the existing Council to uh to say here's what's been happening and here's here's what we should be going forward but it's up to the council Mr mayor council Brian I would agree if it's a public meeting they can they have the ability to attend and they can they can listen in on the session and um have a jump start on on on that information going forward in their term and I think that you know because it's a uh you know something that the league has been doing with a number of cities it's it's something I think would be beneficial like I say for the the rest of the rest of our terms and can be beneficial us participating in it and anybody who's elected to the council can can also be learning from it if they want to have an additional training after that that's up to the council at that point but other discussion seeing and hearing none all those in favor signify by saying I I I opposed I motion fails Jason will you a yes no I I don't think we should do it until we figure out no yes so V the motion fails ties a no right Mr Mayor rainbow just along this line um in the November meeting I'm going to be introducing an RCA that um we'll ask Council to approve the ability for any new newly elected member of the board to um be able to listen to the different workshops that the league of Minnesota cities has on their website there are some that are free there are some that are $15 um but it just will be able to provide additional information for new council members again just to kind of help them um learn what's going on and what the league has on their on their website for training but that'll be in the November meeting all right and we have couple items left here so this is the uh the cleaned up version of the resolution 202256 and Mr Mayor it's clean but not all the way so um the corrections on it on the resolution under per meeting um the last sentence should read shall be pre pre-approved by the city council so the administrator I'm not sure why that didn't come out and then the second SEC sentence under that also that the city administrator Andor um so it should be just by the approval of city council and then on the back page one that's in the in the per meeting request it's a similar thing okay so first sentence I'm sorry so Dan what were you say it should be upper Rum River watershed management organization oh the wed you missed it the first time we talked about it tonight value at organization and then bottom of the back pages the changes approved would be were on the August 28th 2024 meeting not June that was when it was originally on the agenda August August 28th is one read so marry on that page 204 um per meeting request member request and per meeting remuneration for attending qualifying the meeting shall do so on uh forms prescribed by the city council and written request to the city council she'll indicate number of meetings okay I'm sorry so first first and second sentence of that first paragraph first paragraph per meeting request okay yep I should say city council rather than City administrator and those two sentences well the the request does go to the city administrator and so we need to supply it to the city administrator and then it comes back back to the council for discussion you know so so it does go to the city administrator for inclusion into the packet they're not approving anything but they're just receiving it to put into the packet no different than yours this today earlier today and then in U next one qualifying meetings mhm so so I guess going back to that one there member requesting per meeting shall do so on forms prescribed by the city administrat so yes they're turning it in for submission with the packet but we determine what the form looks like you've submitted one here for our approval that there there is a form there for approval yeah so we would we would approve that all right that's and then the written request uh to the council indicates a number of meetings so this written request is to the council so both of those even though it goes into them to include to the packet it's the council authoriz authorizing the form and the council um authorizing reation that's fine I mean it's it's got to go to staff to be able to get to us for approval but those should both say city council all right then I'll change it and then uh down on qualifying meetings the second paragraph the um City administrator notification is requested if an elected official and I think or Committee Member rather than resident because residents can meet with okay third parties but so City administrator notification is requested if an elected official or Committee Member chooses to meet with a third party however notification does not imply stien payment um in addition all committee members invited um the next paragraph number two we have an Oka County Fire Protection in there twice I know one is uh so the no County Fire Protection Council and the fire protection and then in this case I don't know if that's because I'm also on the finance committee but I think the first one can be struck and then the last paragraph there limitations nothing in this policy allows an elected official or a resident again Committee Member I think okay to commit the city of now then comma what I think we're missing a word well and that was discussed before and we left it we just you you can't commit the city to anything if you want to put anything in there you can um but we don't have the ability to commit the city to anything so if we want to put anything in there that's fine yeah I would say what I put in there is uh to commit the city of now then without Council majority approval all right with those amendments are we able to keep up on that Natalie I think so I'll listen to it also nowat I'll take a motion Mr mayor council member rville I would move that we um approve the changes as discussed tonight and as um reflected in the resolution 202256 um regarding a stien policy for Council city council members and the committee members I'll second that Mr Mayor remember Brian can I um ask request that the stien form be sent out SE as a separate PDF I just can't get it easily out of this wonderful thing thank you Technology Grand for the water shed yeah all right we have anything else Mr L is your intent to go through some of this old business that we to V on that first yeah we need to oh sorry all those in favor signify by saying I I I opposed motion carries [Applause] so the uh the old business we don't you I I assume that the the old business that was coming up here would be there'd be some kind of documentation to to support it is there anything that jumped out the first one we just took care of uh NOA county has been between Iowa and North Carolina they've every time I call them that the people are working on the EOP are assigned somewhere else right now so they said they'll get it to us as soon as everybody's back in in the state um liquor license application IIT waiting for Bob on that um that that is an ordinance and that we do have to give notice 30 days notice as Natalie and I discussed that we have to give 30 days notice to the is it three uh three and then one question that I had was what is the change that you're proposing because I can prepare a simple ordinance Amendment but the other question I had was are there other than the the liquor component of that was there anything else on your fee ordinance that you were going to change see this this is why these are tough without documentation because now we're well open have the F and so well that's on here and if I'm doing it and you're well I I understand we just we don't have answers for now because we don't okay don't know what those questions are and that's where we get into model motions I I know you looking at changing the fee or liquor the liquor component of it do you know what how much you are looking at increasing the fees to $2,500 Mr Mayor how Brian I believe the the this whole liquor thing came up because it was a was specifically in statute that there were different rules if you wanted to change the liquor license so that so we were just looking for that we we tried to do it last year and then we found out that you have to have a public hearing it has to be noticed and there has to be a public hearing if you're going to change your your fees on liquor license yeah and there are other things too like if you're typically you know there's certain things that are required by statute and then there other you know and one of those things that most people change routinely is your your land use fees applications for an interest for medic those because they're dealing with zoning have to have a public hearing before the Planning Commission and be recommended so that's why I ask because a lot of the process is dictated by what you're changing not so much how much you're changing it's what is it and then I can but if you guys right now now if the council just looking at changing that I can get you a blank and you guys you know and I'll I'll get you an email with the process and the actual document to use if you're so inclined and I work with Natalie on that yeah as long as he's here can I ask a question sure so what I was what I was asking you in that email is that the liquor licenses are on the fee schedule and the fee schedu in the city code it's not in the ordinances but ordinances and code are one and the same once you adopt an ordinance you usually if you have a code you say you shall in the ordinance language itself like the amendment the city administrator shall be instructed to insert this into the city code okay so therefore now you're you're saying in that document that that ordinance that you're doing you're saying change the code too that that actual document okay so there should be one an original one from when they originally put this licensing yes because that is typically what's going to be submitted to the newspaper for publication either in if it's really short we just send that to the newspaper as an amendment we're not going to send the whole code okay but the instructions in that document will say please modify the city code to insert this revision okay that will make sense I just couldn't find a city ordinance and I was told everything else in the fee schedule doesn't need a public hearing so that was why we tried to change it in the first place so now I understand that there's an ordinance out there somewhere that says that as well most likely would be and it would be sort of the same thing that like Cindy Nash if she changed something in your land use would say this is an ordinance that changes section 201 of your zoning or you know section 2012 of your zoning orders that said this now it says this and then would normally have a provision in that ordinance directing uh City staff to amend the code to reflect that new change so you would put that in so when you put that on the website and that's part of the code that new change would take effect and then sometimes you even see amended on this dat you know some sort of a notation to be able to go back and track that earlier document you know okay so then would we you and I try to get that done this week so I can get it published for the December meeting I'll try to work I can work with you tomorrow on that okay is that okay with Council y yeah I'll be in the office in the morning until about 10:30 and then I have to leave for the rest of the day to go up North for a public hearing so I thought we had the ordinance and I just needed the Yeah final document to send in and if not then then I'm in the office uh Friday you know we'll try to get all that done so then the public hearing would be in at December meeting yeah thank you Mr Mayor sir did I understand correctly that um your expectations are for these followup items that are unre on here under old business you you would like to see an RCA on these before you would have discussion I I I think my personal opinion we should have some information because otherwise we we just you know again we're taking group think here on things that we don't know what the scope of is I'm looking like the next one here um a question planner Nash to provide what kind of adus are residents and or potential residents asking about so we have a a realtor is trying to sell a home so he's pestering about getting accessory dwelling units in here there may be others too but the response is they somebody are asking for attached and detached types of adus accessory dwelling units for family or rental does the council want to move forward who's they how many and and Rental I mean there there's a huge opening here for if you're moving a family man brand or you're starting to rent out what does this do to our our our lot sizes because if now we're going to have people starting to build accessory dwelling units and and they're going to rent them out and we have a minimum 2 and a half acre 5 acre average what does this do to that so I don't have any idea what the the answer to that question was that was I'm sorry you didn't acknowledge me yet so you going to say something there I I was just going to say that the question was to planner Nash what are they asking for and this is their answer is they're asking for attach and detach and then she just asked do we want to move forward with something she provided us different information until the council's had a discussion on what we want to do this is what it's at okay well and I'm just saying that that we we've been accused of muddling motions and this is one where what what are they asking is this one realtor is this 1,500 people I mean who's who's asking this there's and I'm just the point the question was do you want some information to support these things we didn't do it when it was new business and now it's old business and it's it's it seems because we have incomplete information we have incomplete motions and incomplete Direction going forward Mr Mayor now the question is does the council want to move forward with some kind of ordinance is a separate question but I think the idea that we have no statistics on who's asking what and if Realtors are asking this as opposed to Residents asking this that's a that's a big red flag in my boats what Mr mayor council and maybe Natalie can help me here I thought Cindy sent out an email and I'd have to go back through that talked about it's a it's a combination of people that are asking because in and and it's people that are looking to move in looking to build people that are existing residents looking to do something on their property and so she just answered they are asking for attached and detaches for for their existing family or or for rental that was the question her her putting does the council want to move forward with it yeah that gives us more discussion period but she did ask we didn't tell her to give us numbers types or anything like that just who's asking and so and so if there was an email to my point that would be appropriate to have here saying per the request specifically this here's the specific answer to that request and I'm just saying that that this is we were doing pretty good here and I I can see us just bogging down with things we don't have information on but Mr Mayor other than the three things that were on the agenda we weren't going to discuss these okay that's that's my point that was the question it's just a a it's just a listing of what things are still out there that's we're looking to discuss them so that was my point if that's why I said there were three things that we had documents on and I thought that's all we were doing on the business and if that's what the council thought then let's stop here and move to Martin mallister so Mr Mayor Scott so we can certainly move to rcas if that's where we wanted to go this is the first time hearing that I just wanted before we spend any money with a planner or anybody else to have some sort of idea is is the council going there so if we brought this up in an inappropriate way uh my apologies we just try to keep these listed uh so we keep them on the Forefront if you're looking for rcas we can do our best there but one of the questions I have on here is n9n city council provide vision for City and how best to communicate with staff when it comes to the yard chart um that I don't know if that needs an RCA because we've already talked about that and I was supposed have been supplied information by Council by September 20th for a meeting that's scheduled for the 15th I have not had any information my question is should we even be having that meeting on the 15th if there's been no provided documentation my understanding is you're out on PTO on the 15th uh yes but my plan I was trying to adjust my schedule that if we were going to have that meeting that I would try to be in attendance that evening well let's let's not pose on your PTO and and I would say let's cancel the meeting okay not that anybody could use a night off but I thank you for that I just that's and we can do a better job of and just clarify I'm sorry it it might be an RCA it might be here's the supporting documents here's here's more information on what you requested so you guys can then decide is this does this uh deserve an RCA or is this relatively close I mean if if it's not really asking for an action item but we're looking for more information you can yeah just like I said right right now if if it if you say we have requesting action then then we should be specific with the council request if it's just you know here's some information to to fill in the blanks what do you guys want to do with it then we say yeah let's pursue that or that thing's dead what if it's followup from a council that's ask me to do something and it's followup to be able to bring if it's follow up from the council for a motion yeah then then that should be RC y y okay Mr Mayor ma'am I do have a question on that because it was me that put that in there because I called Cindy I said this is still on your list and she said I already told them that I'm getting multiple calls and adus I already gave them what the adus are and what could be you're asking me again do you want me to spend some more money on this or not if you want her to write up an RCA and kind of give you the same information she has she will if you want her to spend time doing an ordinance or not she will if you want her to drop it she will so the concern is we had three things in the packet on Old business with documentation and we've got this without documentation it was a verbal from the and and and I understand and that's why again to the point of we've had a number of issues this year that are verbal conversations that didn't get Council motions and we've moved forward on some of those that we may not all right should do you give us permission to ask Cindy to give you more documentation on it what would you like me to do with that one what I'm trying to do is get some of these old things off the list okay and and now that you've brought them to our attention I think that's uh important that the council move forward on something there so if they want to do that if they want to draft a ordinance if they want to run this through pnz they are going to have to take that initiative so I would say your point you're keeping them on there it's up to the council decide what to do with it but but if we're going to if we're going to discuss it I'm just saying it's important to have documentation and and specific spefic Direction where we're going so we can give specific Direction back to staff do I noted we got it thank you all right item moved off to consent agenda Martin mallister invo um I just want us so we get this $4,000 bill from Martin mallister um I was happy to hear that one of the candidates was one of the initial um applicants for full-time Chief had that not occurred we' are spending $4,000 for nothing be based on the change from full-time to part-time fire chief so I guess I'm I'm glad it's now down to 2,000 but I don't know if anybody thought about that when we when that change was voted in we just actually we did there was a discussion and at the time we were told it's $1,000 and subsequently because it it's a more rigorous uh analysis evaluation for a chief um I believe the chief told us at the time it would be $1,000 or there was a discussion that this was $1,000 should they go ahead and we said well um if they're not going to consider a part-time position don't go ahead and the question to them was are you keeping your hat in the ring until the council decides what they want to do and they say said yes so a decision was made to go ahead we only found out later that it was not 1,000 it was 2,000 per so we we didn't have the right information to begin with and the timing of it was the the question are they interested in the part-time position and the evaluation would proceed so so we then we blew $1,000 but that's $1,000 we could have put into something else so yep and it was a possibility of both of them want understand so I would move that this um we approve the payment on this second have a motion to Second all those in favor I I I I opposed motion carries move to adjourn Mr Mayor just before you do I'm I was just looking at your old business while we were discussing that and you have uh needed research is needed for a solicitation policy that's done by an ordinance do you want me to I put one together a detailed one for the for Credit River do you want me just to email to Scott for inclusion in your packet because you're looking for like it's easier to see something in writing than it is to talk about it in concept I could email that over you don't have to make any changes if you look at something like that and you say yeah we need something great if not then you have the information and you can take this off your list that'd be fine Council okay with that yes please I'm not going to okay just way everybody's could I'm not going to change anything I'm just giving you exactly what they adopt okay all right I have a motion to adjourn I'll second that we J