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04-08-2025 City Council Meeting

Nowthen City CouncilWednesday, April 9, 2025
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All right, we're going to call this meeting to order. Uh, welcome to the, uh, 8 April uh, meeting here and now. And we're going to start off with the pledge of allegiance. Please join. I pledge algiance to the flag of the United States Americ City Administrator Johnson, will you please do a roll call? Here. Here. Glazer here. Council member here. Planner here. Lieutenant Mangard here. Administrative administrative assistant Johnson here. And your interim city administrator is also present. Roll call is taken, sir. Okay. Thank you very much. So, we'll move on to approve the agenda or amend the agenda. Council, Council Member Rainbow. Yes. Yeah. Please turn your microphones on. I would move um that uh we add under consent agenda item J and that would be the resignation of firefighter Paul Rickard. And um it's my understanding you want to speak on the Dryen matter. Correct. So we would move that down to 8 C or 8D. Perfect. So 3G 3G would come down and become 8D. Yes. Anything else on the agenda? Mr. Mayor, Brian, I'm I would that we also move uh under new business 8B up to the consent agenda unless anyone objects. Mr. Mayor, Council Reel, go ahead. that that's a good idea, but I'm just wondering does Natalie need to address the the reason we have the two resolutions? That's fine. Uh the reason we brought an updated resolution tonight was because um the current owner asked us to make sure that we put in some qualifications to the liquor license being approved. Um and it's contingent upon this the actual successful closing of the businesses. Other than that, nothing else. It should be straightforward. Meaning the sale the sale of it. Yes. I I would support moving it up. Uh if we can move it up the consent 3T. Yeah. If if we're good with that, I'm definitely good with that. That would be one last to have on the Mr. Mayor. Council member Bryant. There are no other amendments. I make a motion to approve the agenda as amended. All right. Is there a second? Second, you're right. We no longer have to do roll call vote, which is great. So, um, all in favor of, um, passing the agenda. I I Okay. I Okay. Any oppose? None. Motion carries. Let's move on to the public forum. So, for the public forum tonight, um I did have one uh and I'll just read this off. I did receive one uh email that came to the city uh and read this off and then we'll go down the list before the um to address the council. We're asking everybody to sign up for two minutes. So, please keep your time to two minutes. So, the first one is from Brandon Eert who lives on 9157 Burns Parkway. Now then, and he wanted to talk about three concerns. I'm going to abbreviate it slightly. I'm in favor of cancelling the August 2025 special election for the now then city council member and moving it to November 2026 to coincide with the general election at the time. The main reason being the council continuity for the uh continuity continuity for the remainder of the year until November 2026. general election will take place through two budget cycles and hopefully the new city administrator, not to mention the approximately $10,000 in cost for a poor voter turnout for the special election foster. Second reason is the full council. Uh then upon the hire of the regular full-time city administrator, it will be advantageous to schedule the LMC to come in ASAP and do the training that we had talked about which is for the staff, the mayor and the city council. And the last one is the table matter of temporary issue for pay um for temporary administrator Natalie Johnson should be discussed tonight as I do not see it on the agenda and if needed to be tabled further ination but I'm in favor of some sort of increase in pay for a temporary period until the full-time administrator is hired in place. Okay. So that is Brandon Eert. Okay. Next up uh for the first two minutes is Matt Wesling. Will you please state your name and address and uh please hold it for two minutes? Matt Wesling. I am at 19441 Burns Parkway and I just wanted to bring up something today uh about what I think is a homeless encampment down the road on Burns Parkway. Um, it is directly across from 190th Avenue and I've been steadily watching a shack be built in the woods. Uh, it's made out of plywood, sheet metal. Um, there seems to be a lot of traffic in and out of there. Um, there's cars constantly parked out in the woods. Um, there was a camper out there recently and I guess I'm just I I like to bring it to the city's attention and maybe somebody from the city or the sheriff's office or someone could go check on and see what exactly is going on in that area. Okay, that's all I got. Thank you. Thank you for your time. All right, next up is Brandon Kger. Brady Kger. Brady Brady Kriger. Brady Kger. Sorry, I mispronounced your name. Dan, forget that. And I'm here addressing Sir, could you turn the microphone on by pushing the button? Make sure it's green. Yes, please. I thought it was on. That's why. Okay. So, I'm Brady Kger, 6933 207th Avenue Northwest. Uh here to address the special election. It should go on as planned. uh please I think everybody would be uh much more comfortable with the fact that having a duly elected representative rather than an appointed representative. So please uh council members showed up. I hate speaking. Here I am anyway. I believe the special election should please go on. Thank you. Thank you. All right. Next up is Alakafi. Alakafi, 18735 Clearary Road. Mayor and City Council. Council member Swenson, I want to speak out regarding a recent Facebook post where you made comments about how community members should view certain items on the meeting agenda. I fully respect your right to share your personal perspectives, but I'm concerned about how those remarks may be perceived, especially since you have rendered opinions on matters without all the facts. To be mindful of time, I'll focus on just one of your Facebook posts as it relates to opinion versus facts. Though there have been numerous other topics that could be addressed, I'm just going to refer to this one. So is from Monday 471:22 p.m. You stated, "I think most of what's being discussed at Tuesday's meeting is fairly straightforward and hopefully not contentious, but there is one sort of hot button issue." You then go on to summarize the issue, referencing the special election cost estimate of 10,000. You also mentioned that you quote think less than 10% of Alvin citizens will actually vote. What is that assumption based on? Additionally, the $10,000 figure appears to be an unverified number that continues to circulate in discussion around the special election despite a lack of confirmation. As a council member, I believe you have a responsibility to create space for residents to form their own opinions. When you speak in a way that suggests a correct viewpoint before the council has formally discussed or voted on an item, it can appear as though you are trying to shape public opinion or influence the outcome prematurely. It's important that our community sees this process as fair, open-minded, and committed to transparent governance. I'd really appreciate your consideration of how you communicate in public settings moving forward and how that impacts trust and civic engagement. Thank you. Hey, next up is Dana Henip. Hopefully I pronounced that right. I'm Dana Henum, 21245 Gypsy Valley Road. I just wanted to say if I watched the last uh meeting, was that the one where there was talk about overtime and things like that? I just wanted to say that I think there was a lot of good questions brought up and good points. I just didn't appreciate, I guess, how Natalie and Frank treated. Um I I I've been around the block and been at at city hall enough to see both of them guys work, both of them work, and I just thought that again, while they were good points, I thought they were kind of being bulldozed and caught off guard. And I just didn't think it was fair. And it turned out to be a public setting because it's, you know, anybody can watch it. So, I would, you know, again, good points, but I just thought it was a little harsh on how they were treated. So, and one other thing, you guys are talking about calcium chloride. Don't forget to talk to Joe Glaze about that because I was on road and bridge committee for a number of years and I understand that, but Joe's got a lot of methods to his madness there. So, I know that some of the guys are new here um and trying to understand that, but when it comes to the roads, I would encourage you to talk to Joe. So, thank you. Thank you. All right, next up is Cheryl Maddie Olsson. Hi, I'm Cheryl Mie Olsen. I live at 7417 Norris Lake Road and I want to speak on behalf of having the special election. Um, in November there was only four people that were running and then for some reason seven people popped up to do to be in for the um position, the fourth position. So, I'm not quite understanding that why people stepped up after the fact. Maybe they were scared. I I have no idea. But to me, this it it disenfranchises the voters to not have a special election here. you only had four people voting and in the special election it would be at least 800 if not more. So to me, you know, it's it's nothing personal, but I don't understand why they're talking about the city administrator getting Natalie getting a little bit more money, but yet they won't spend it on the special election. So that's my say. Thank you. Okay. Thank you. Uh Jeff Pon. Thank you. My name is Jeff Pon, 1895 Nan Boulevard Northwest. Uh I would like to address um Facebook post of Monday, Council Member Swinsson. uh and to the council because I think that as council member Swinson is uh new to the relatively new to the community and brand new to the council, I think it's imperative that if if inaccurate statements are made that people on the council step up and say, "Yeah, that's not really the way it is." And and I you know, again, two minutes I I don't want to rehash the the whole of this. It's been brought to my attention by a number of residents. I don't follow Facebook and so I don't know the ongoing uh saga that's been going on, but I do know what's been brought to my attention as of yesterday. Um I straighten out just a couple of things. One, just so the the record shows, our fire department does not fill their trucks with a garden hose when there's a structure fire. We've been fighting fires for decades and uh we've done it very successfully. uh when the five five departments responded to the grass fires this week, saved the structure um and they had plenty of water. So my my concern is I'm going to ask you to do your research and be accurate because statements that are inaccurate or misleading or actually false are very detrimental to the community building we're trying to do here. And we know all on the council want to build a better community. That's why people ran for council. Um, a particular beef I have is is to quote from the Facebook. I have heard though I have not yet researched for myself that other financing tricks were used to plug previous holes in budgets like reorggaging city buildings that were paid off. This is just crazy if that is accurate. It is not accurate. And it's imperative that you don't spread rumors like that because what happens it gets on Facebook and oh did you hear but it's not accurate. So I I would appreciate if you would do your research first before making public statements. There are those of us that have been here all of our adult lives. Feel free to call us and ask is this really true. Um you you claim that we never used to do this when we were a township. Were you here when we were at a township? Do you know what we did when we were township? We assessed roads at 100%. We didn't bond for those roads because the residents paid for them at 100%. But we bonded for a road drader and fire truck and a tanker and a new plow truck for equipment for the fire department. We bond for a lot of things. We got our last bond at less than 1% interest. Um sir, can you please wrap up the next? So, so what I'm asking is for the council to work together for the unity of the community and for help to the new council members to make sure what they're communicating is accurate and true. Thank you very much. Thank you. All right, next one. Channy Flat. Hi. I just want to say first off, thank you to all of you for your shows because I've been in your shoes and it's not always fun. So, thank you for what you do. Um, I've been watching the Facebook posts. Can you state your name and address? I'm sorry. My name is Shanny Flat. Address, please. My name is Shanny Flatabo. My address is 7230 Old Viking Boulevard Northwest. Now, then anyway, um, I've been watching some of the Facebook posts. I've been watching the answers. I've been getting some phone calls like I used to. Um I'm just here because I agree everything that Paula said is what basically what I was going to say. So I won't go into all that except that um your social media posts I believe are causing dis division in the community and because they're not completely accurate. Mary, for instance, you put a lot of social media posts out when on the council and you've checked your facts and I always appreciate that. It's just because people talk. It's a small town. It's a small town mentality and so it can hurt. I love that you're trying to put information out, but again, some of the things that you're saying aren't quite accurate and so that's what's been hard. Um, I watched the last meeting. Ken, thank you for speaking up because if you're running on transparency, things should be spoken up. Things should be accountable. But to get angry, all of you got angry. And it was silly because why why shut things down, mayor? Why get angry and totally? Because the thing is, if you ran on transparency, then therefore the transparency comes out with that and there's hurt feelings, but it shouldn't be because it's just business. There wasn't any um I'm not sure how someone put it, but an allegation. It wasn't an allegation. It was a question. And we have to start remembering or you have to start remembering that this is just business and you're representing the community. That's your only job is to represent the community and to look at the budget and to look at what people are making, what they're not making, what they're spending. It's not meant to hurt anyone. And so, thank you for bringing that up because I thought that was great. It was a discussion that needed to be done. The other thing was a special election. I think a special election should be done because that's the right of the people. Again, you represent the people, for the people, by the people. They need to be spoken. They need to have their voice heard. And so, but again, that's all I have to say. Thank you. Thank you. Next one is Jason Dryden. Hi, I'm Jason Dryden, uh, 6700 Viking Boulevard. Um, everybody kind of touched on the special election. I think I agree with the majority here. Um, I met with with Dan. I think he's a good guy, but I think there's a little bit more that needs to be kind of figured out in a real election. Um, what I really want to talk about is the uh the bill that we received and that we're going to be I think you guys could be talking about later on here. Um, I I have a real problem with with the fact that a lot of these conversations between Cindy and the attorney were happening without any of our knowledge and sometimes three times a day, four times a day, happened multiple days where we were build by uh, Robert Rupy and um, collaborative planning and this is all after the the builder's agreement was signed and it was uh, recorded and basically should have been done. So the way we feel is we were bringing some city staff up to speed on our dime and we had no knowledge of it. We and the problem is we have an invoice here from 36 of 24 and this bill came to us was signed by you in 17 of 25. So there's a long time here where we could have spoke up and said we got a problem. We're being build a lot of money here and nobody's doing anything. Stop it. Nobody's saying what what are what are these conversations? And I think it's a really kind of a disservice to your citizens that you know somebody's paying the subcontractors for money that's not even collected from esco. I mean the the subcontractors have been paid and then you go back almost a year later and try to get the money from the from the residents that are doing the development and it's just it's it's ridiculous really. I mean, it's how do we have any how do we have any leverage to stop what we're doing to do anything? The bill's already done and if we don't pay it, we get our taxes assessed. I mean, how is that fair? And this has happened to I know about three different people recently and I know about three other people that were from years past and it's just it's an ongoing thing and I don't know how it's going to stop. That's basically all I want to say. Thank you. We also have Randy and Deb Dryden. I just have a uh as of yesterday 6680 Viking Boulevard. We spent our first night there asleep. It's great. We did finally build our house after 5 years. Very stressful. My husband lost 70 pounds during this whole fight with the city, which it felt like a fight with the city instead of just give me what you want us to do, we would do it. Here's some of the bills that I got on 63 between Cindy Nash and the attorney. It was $939 on that day. Two days later, it was $251 on that day. The very next day was $470 for that conversation. And then what it says here is telephone conversations. Telephone conversations re regarding dry. Sorry, I get very nervous. On 610, $282. On 625, $942 worth of conversations about us on a plat that was already filed in 23. A lot was already buildable. The very next day, another $26. The next day after that, $125.50. The next day after that, $564 of conversations. Then they waited a couple days. So in 78, another $187. On the very next day, $972.50 50 cents of conversations between our attorney and her. That's all I want to say. And I agree with elections if we should have an election. Thank you. Okay. So, we will close the public forum and move on to approve the consent agenda. Mr. Mayor Council Ry make a motion to approve the consent agenda as amended. Second that. All right. So, we've got that. So, we will do uh all in favor. I I I. And so, motion carries. All five agreed. We'll move on to the sheriff's department update. Cool. Good evening. Before I dive into my monthly report, you can see I brought some friends with me. So, they've each prepared about a 10-minute speech about themselves. Yes. I'll I'll let them all come up one by one to introduce themselves. Get to know them a little bit better. Sheriff, if you want to go over, uh, thank you, Mayor Council. My name is Brad Weise. I'm the sheriff of County. Um, it's my honor to come here on meet the deputy night. I feel like it's important for you to get to know me, as it is important for you to know the staff that serve in the citizens here of your fine community. Um, that said, uh, you know, you live in a safe town. It is our aim as your contracted law enforcement service to keep it that way. We'll do that by responding quickly and, uh, aggressively um, investigating crimes that do occur in our city. I also want you to hear from me that um, it doesn't go without notice that uh, our society, we've kind of lost control of roadways, right? people speed ignore semifors those sorts of things is that for this summer upcoming what we would call driving season um it'll be a point of emphasis for the deputies working in your community to make sure that we we do traffic enforcement that addresses speed and also addresses those 74s and I want you to know that for me um I do know as somebody who spent 27 years working for a city law enforcement agency Rapids before coming to the sheriff's offices that um you do get a lot of bang for your buck here and I Hope you believe that um it's not cheap obviously, but the service we aim to provide is ones that the citizens I think expect and we aim to serve and do the best we can. Um with me I have Chief Deputy Jacobson. I'm going to spare him the microphone because he was your staff liaison for a number of years and I know you know him very well. Um he's a smart guy who cares deeply about what he does which is why he's now my number two guy or or the chief deputy for the sheriff's office. And I know that Lieutenant Banger has enjoyed providing uh updates to you and being your new staff leaison. We think I think personally very highly of him and you got a really good one and I think I can kind of sense it from your body language and reaction to him that you know you got a good one. So with that Cole, we didn't have much time for rehearsing this part of the skit but whatever Lieutenant Bangarder wants to leave for the um introductions come up. Uh my name is Matt Huffs. I've been a deputy with the sheriff's office since 2019. Um, prior to that, uh, starting in 2017, I was a community service officer with the sheriff's office. Um, I think it's the best job in the world. I wouldn't want to work anywhere else. Um, to include up here in now then. I think that, uh, we have one of the most professional law enforcement agencies probably uh, in the country as far as I'm concerned, but definitely in this local area as well. Um, some of the other responsibilities that I have at the sheriff's office is I'm a member of our mobile field force team which trains regularly for responding incidents that involve crowd control or civil unrest. Um, and then the most important job that I have there is I'm an explorer adviser with our explorer program. So um I think that's probably the most important thing that I have to offer um in my role as a deputy because it's ensuring that in the future someday long after I'm retired there's still young kids that want to come out and be chomping at the bit to do this job. So, um, happy to be out here, happy to, uh, meet everybody. Um, and if there's ever questions for me, I'm always happy to answer them. So, that's all I've got for you. Thanks. Hello, I'm Bill Jacobson. Some of you already met me. I was out here when I first started the contract started about two years ago. Um, long time ago and many moons ago, I used to be a little reserved and he used to be my officer at Centennial Lakes. Then I so coping for 15 years from here in Sherburn County. Um this is a awesome department. You can do whatever you want. I I focus a lot of traffic. I do a lot try to do a lot of DWIS. Um I also do a lot of dealing with other situations. I'm on a mobile field force. I do crime scene stuff. I so um but if you ever anyone any questions or anything feel free to ask I'm always open book people know that. So thanks. Hey and thank you guys all for what you're doing to keep our city safe. We appreciate it very much. I'm gonna let these guys get back to work. Uh the two deputies did all the work that is in my report, so they know very well what's in there, but uh we'll let them get back to work and then I can drone on for a little bit. Yeah, thank you. All right, our report's a little bit longer this month, so bear with me. I'll try and get through it uh in a decent amount of time for you. Mr. Mayor, members of the city council, city staff, and citizens now, the following is the sheriff's office report for the month of March 2025. Deputies responded to 138 calls for service. Of those calls, we had 20 to bar none, zero alarm calls, 17 medicals, and eight animal calls for service. Starting off with the bar none calls for service. On the third, deputies responded for a juvenile assaulting a staff member. That juvenile was charged with assault and transported to the hospital on a mental health hold. On the fifth, deputy responded to a verbal dispute between residents. The deputy mediated the situation and everyone remained at the facility. On the 9th, deputy responded for a juvenile having a mental health crisis. The juvenile was transported to the hospital by ambulance. On the 10th, two juveniles stole a vehicle belonging to the Barnon facility and fled the property in that vehicle. The juveniles were later located by Minneapolis PD in that stolen vehicle. They were taken into custody and transported to our juvenile facility for the theft and other related crimes. Little follow up on that one. I did have a lengthy chat with the facility to make sure that measures were taken to secure their vehicle keys so that this would not be a recurring incident. Obviously, stolen vehicles with juveniles can get very dangerous very fast. So, that one has definitely been addressed already. Uh, continuing again, on the 10th, deputies responded for a juvenile having a mental health crisis. That juvenile was transported to the hospital by ambulance. On the 13th, deputies responded for a juvenile runaway. That juvenile was located quickly and transported to the hospital by ambulance on an emergency hold. On the 15th, deputy responded for an assault report between two juveniles. The deputy determined that no assault actually occurred and the juveniles remained at the facility. On the 17th, deputy responded for a juvenile runaway. That deputy located the juvenile and returned them to the facility without issue. On the 19th, deputy responded for a juvenile having a mental health crisis. That juvenile was transported to the hospital by ambulance. On the 22nd, deputies responded for a juvenile having a mental health crisis. The juvenile was transported to the hospital by ambulance. Again, on the 22nd, a deputy responded for a group of disorderly juveniles. The deputy mediated the situation and one juvenile was charged with assault and transported to hospital by ambulance. On the 23rd, deputies responded for several disorderly juveniles. Deputies mediated the situation, determined that no charges were appropriate, and had one juvenile transported to the hospital by ambulance. On the 24th, deputies responded for a juvenile runaway. The juvenile was located down the road and returned to the facilities. While there, deputies also mediated another juvenile who was acting disorderly at the facility. Again, on the 24th, deputies responded for a medical call. While on scene, an uninvolved juvenile stole keys from a staff member and tried to flee the facility. Deputies had to stop and control this juvenile and ended up arresting them for disorderly conduct and ex obstructing the legal process. The juvenile was transported to RJC, our juvenile facility. The victim of the medical went to the hospital in an ambulance. Again on the 24th, the sheriff's office in St. Francis PD responded for report of five juveniles who had fled the facility. Prior to fleeing, multiple juveniles were throwing chairs, damaging door locking mechanisms in an attempt to escape. Deputies located all the juveniles with the help of our UAS, which is our drone, our aerial system. All five juveniles were taken RJC for charges including riot, disorderly conduct, and damage to property. On the 25th, the following day, deputies responded for a delayed assault report between two juveniles. One juvenile was cited for assault and remained at the facility. Again, on the 25th, the deputy responded for an assault report between a juvenile and a staff member. The juvenile was charged for fifth degree assault and disorderly conduct. That juvenile remained at the facility. On the 28th, deputy responded for three juvenile runaways. All were located and returned. On the 31st, deputies responded for two juvenile runaways. Staff located one prior to deputy's arrival and the deputy located the other juvenile. Both remained at the facility. On the 31st, deputy responded for a juvenile having a mental health crisis. The deputy mediated the situation with the line of paramedics and the juvenile was able to remain at the facility. Moving on to our other noteworthy calls for service in the city this month. On the 5th, in the 20200 block of Wolf Ram Street, deputies responded to an intoxicated and disorderly male. That male was transported to the hospital on an emergency hold. On the 7th, in the 6,000 block of 189th Lane, deputies responded for a stolen vehicle report. The victim had listed a vehicle on Facebook Marketplace and signed the vehicle over in exchange for a cashier's check for $53,000 that turned out to be fictitious. The reason I included this is this is a good reminder uh to verify funds when you're selling a vehicle, especially when it's worth over $50,000. Do not sign your title over until you can verify that you have good money for that vehicle. Uh, but the deputy did list the vehicle stolen in our nationwide system and it was last known to be in Michigan at this time. As far as I know, it still hasn't been located. It was it was tagged on a easiest way to describe this license plate reader systems essentially. Uh, it had a hidden Michigan. So, that's the last known location and we're still working to track it down. On the 13th in the 7,000 block of Viking Boulevard, a deputy stopped the vehicle for speeding. After noticing signs of impairment, the driver failed field spritey tests and was arrested for DWI. On the 20th, the deputy responded to the 18800 block of Garnett Street for a fraud report. A male had been given instructions over the phone to acquire $20,000 in cash and gift cards to stay out of trouble with the Federal Trade Commission. This is also a good reminder for all citizens that no legitimate government entity will call you on the phone and demand cash and especially not iTunes gift cards. If you're ever unsure who you're talking to on the phone, if it's a legitimate law enforcement source, please hang up and dial 911 to verify. We can do that every single time. On the 25th in the 19900 block of Aguana Street, there was a report of a burglary of a storage unit. Uh there are no suspects in that burglary at this time. On the 27th in the 19100 block of Burns Parkway, a deputy responded to a neighbor dispute where a male was removing property line survey markers. That male was cited for trespassing. That's all I have. So with that, I can stand for any questions. I would just like to talk about bar none for a minute. 20 calls. So this is a substantial increase. Yes. I know you had met with them and you were working to see what you could do to reduce it from the eight. The meeting is coming up still. Okay. they had to push back their manag. So the person that has been the main manager at Barn None got promoted to oversee multiple facilities and they have not yet identified her replacement. So she had a couple schedule snags. So we're meeting with them on April 30th now. So we'll address all of the issues there at that meeting. Thank you. Anything else? No. Thank you. All right, for the next one is the fire department report. Uh we'll just do a brief overview. Uh Chief Miller is not here today. He will be giving the report tomorrow, a full report. But the update to the council, they had 27 total calls in the month of March, five, mutual aids and grass, 16 medicals, and six calls for service. Good intent calls. Um, and this month the staff worked on entering the inventory of the equipment into the database to have a more accurate and up-to-date picture of the supplies and equipment. Okay. Any questions on the fire department? Hearing none. So, we'll move to planning and zoning. Cindy, you're up. There is nothing really support. not on the the actual report but uh as we go for a you're talking about yeah I don't have any questions so so moving on the first item in general is related to Leico East there's two sub items under that um there's leico east variances so this um project back when it was originally approved as a preliminary and final plat by the city council a couple years ago now. Um it was done under the condition that a number of buildings on what is lot one block one on the site were to be removed their accessory buildings. Um they it's taken so long to report this plat because they didn't want to remove those buildings. So we've been kind of sorting through that and one of the options was for them to apply for a variance which they did. Um in your packet is a recommendation for approval of a variance to keep um these buildings most of them anyways with certain conditions associated with that and the planning commission looked at this at their last meeting and recommended approval. Happy to answer any questions that you have about those. Um my understanding is the applicants are agreeable to the conditions. Cindy, can we just put the map up here and talk about the six buildings real quick just so everybody has a good Sure. straight there that all the buildings if you could just cover which ones um are going to be removed and then which ones will start. So basically the the most southern exed one is already gone because the road is in place in that location. The um one that is not that one but the one just northwest. Yep. That one has already been removed. So, all of the others though that have an X on them along with the two that um one is the larger one that's like 3,300 square f feet and then there's one that says variance required to keep this shed that was so this graphic was from back when the final plot was approved originally. Um so all of those other ones will stay. The possible exception Can I just interrupt for a second? Could you go down to page 54? down about seven more pages and it's got a number that will eliminate the confusion all together right there. There you go. So number five you can see is straddling the lot lines between lot one and lot two of that block. So, one of the conditions does give them an option of either with the final plat to be recorded adjusting the lot line such that it can um be solely on lot one or they would or they could tear down building five. So, we kind of left this condition and this variance open so that they can make that decision before the plot will get reported yet. Um, but based on conversation at the planning commission, it sounds like most likely building 5 will end up being removed regardless. Um, because I don't think there's an interest, it sounds like, in potentially moving that lot line. So this particular resolution is for the first resolution is for uh the variance, correct? Um, the variance is applied. So it's for having additional square footage compared to what if um so easiest way to say is they have five buildings remaining five um and on a 2.8 acres by code we wouldn't be able to have that much. So the difference being this is not new construction uh where they're trying to build something they have that and they're trying to shrink the law lines to divide the property. So it's different. Uh this went through planning and zoning at least once or twice. uh they had very in-depth conversation and they they analyzed this in multiple different directions on what could be done. So to get it past planning and zoning kudos to to you guys uh to get a variance coming out of this because they're a tough group uh and they really keep the best interest of now then in mind. There any other comments? No. And you hit on it. The variance is not only though for the square footage, but it's also for the total number of accessory structures as well as the setback of uh four and five and um three from the um rightaway line of the the new road that was constructed. That I can't answer. Um, this was approved before my time here. It was approved already a couple years ago. There are some provisions in the subdivision rags that do allow for um some lots to be of a smaller size. 2.5 minimum. 2.5 minimum. Yep. With a overall net density of no more than um five the equivalent of one per five acres. Mr. Mayor, if there are no more questions, I'd make a motion to approve the resolution for the variance for the Leico estate least based on the findings of that. And second, we already got a second. So, um, which any other discussion before we go to vote? All right. So, all in favor? I. Any names at all? I think it was a Friday. Um I appreciate all the all the patients from the west to go as they work through this challenge. Um I seen the planning and zoning just went back and forth. So I'm super excited for this uh I'm going to say younger couple to be there to be able to hold their buildings. I know there's something if the road does get expanded out that they will have to move some additional buildings and that's listed in there. But I'm excited for them to build their family at this location and be able to continue. Okay. Thank you. So the second item related to the Leico Estates East is an extension of time to record the final plat. Um the city council did previously extend the time last summer. That extension has expired as well. So we're asking you by motion to extend the deadline to record the final plat for Leico Estates East until October 8th, 2025. So giving them basically six more months, right? There's there can be some issues as they go through recording. So, we just want to make sure it doesn't have to come back here again. Mr. Mayor, I I would move that we extend the deadline to record the final plat for the last of Estains East until October 8th, 2025 for section 10-6-4B of the subdivision regulation. Is there a second? Second. All right. Second by Council O'Brien. All right. Uh we'll go into vote. All in favor? I. Any oppose? No carries. Okay. So, lest it goes complete then. Is that correct? Correct. All right. Want to introduce the next one also? Sure. So, the next one is an interim use permit for an extended home occupation for a commercial manufacturing kitchen located at 18288 Malden Boulevard Northwest. Um Tony Howard is the applicant on this one. The um this originally came to you last month with a recommendation for denial, but after some discussion, it was sent back to the planning commission and we sorted through um and different conditions that would allow for them to basically um be able to obtain an interim use permit subject to conditions that would require them to build the house first. um allow them to start and get a foundationon permit for the accessory building, which is a permit that um is freely frequently issued by building inspectors. And then once they're done, they can finish um once they're done with the house, they can finish the accessory building and then they would know that they can still operate this commercial kitchen in there. As you can probably imagine, it's a bit of a risk to fully build a house first and then ask for that interim use permit, not knowing if you're going to grant that or not. So, that is um the purpose of that. So, those conditions are a little bit unusual, but it protects the integrity of what the ordinance has that you can't build an accessory without primary being there first. Um and certainly that you couldn't have potentially a business with no home operating on a on a residential parcel. Um a couple notes for you on the resolution itself on page 65. I apologize I left uh the word denied in now therefore number two because I was recycling the resolution from the month before. So that should be changed to approved. And then um Mr. Howard is requesting your consideration to um potentially change condition 12A that is within the findings and this is related to when the interim use permit terminates. So there's a number of clauses within the findings that are before you. um 12A has some concerns with because the second part of it states that well first it provides a date that the IUP expires. Um and then it states that the property owner may apply for a new IUP prior to the expiration of that permit to allow for an extension of time if the use is permitted at the time of application for a new interim use permit in the zoning ordinance. Even if that statement that second part of that statement wasn't in there that would hold true. So, um, it I put it in there just to make sure people are aware that that that's the case in case the ordinance were to change in the future. Of course, Mr. Howard saw that and has concerns about that that he it'll take him a couple years to get this going. Right now, we have a date of 2035 in there and he's concerned that that that potentially he could end up with only eight years to operate that business. So, he's asking your consideration of potentially changing that condition um to either change the date or to um strike 12A completely recognizing that there's a number of other conditions in there related to termination of the IEP. Um as a reminder for all of you or or maybe firsttime knowledge for for some of you, um interim use permits are interim in nature. So they do have with embedded within the permits they have clauses that cause them to um expire. Basically the companion to that are conditional use permits. Conditional use permits were um more frequently used longer ago, but those run with the land. And so somebody else could, you know, buy a property and if a CUP is there, they can continue operating some kind of business that meets the terms and conditions of those cups through multiple things. So he's asking for some way to potentially have additional time. Yes. Is is 10 years typical for interviews permits? Um I there is no typical. I'll say that I typically put that in as a suggestion because um a few things. One, a lot of times businesses will outgrow their space. Um there will be items that you on any interim use permit that we can't foresee what's going to happen and that gives us the opportunity when it comes back in for you to alter the conditions on that and adjust it to what kind of current situations are. So in that regards, it's sort of a typical number. Um, but I can understand his request. And um, so would it be inappropriate instead of using a specific date 10 years from today, would it be appropriate to to say 10 years from the final inspection of the commercial building? We could do that. I prefer to have a date in here because it's just easier for future staff to find if the dates in here rather than having to go through files try to find the date of the co of a building. Um so I if if that's the intent I would I would just assume assume some amount of extra time and add more to it um just to make it easier in the future. Those are really good questions because that was the same thing I was looking at is what is our normal for an IUP for a duration. Um, but you know, maybe we can just recommend updating it to 2037. If it takes him two years to build that, you still have a date in there. Something like that. Yeah, I think I think Mr. Howard's concern is more that um that 10 years from now, I'm sure he doesn't mind coming back in for an application for a new IEP. He's concerned that the city might not allow extended home businesses anymore and that he wouldn't be eligible to. So that's I don't know that we can predict the future on that, but what we can say is we could um if you've got 10 as your recommendation, u he's asking for a little bit more to get up and running. Um so I guess I would recommend we just move it to 2037. And if that fits okay with the rest of the council, Mr. Mayor Council Re I agree with the 2037. I understand um the property owner's concern. So maybe it's something we should have in the back of our minds or on our to-do list is that if at some time the city starts to have a conversation about not allowing that that we would have the discussion or whoever is on the council at the time would have the discussion is do we want to grandfather in any existing businesses on a residential property and going say let's say it's January one 2030. So after January 1 of 2030, anyone that is is existing can stay. They're grandfathered in, but anybody new would have to abide by the new ordinance. Just put it in the back of our mind that if at some point it would change. There's never been any discussion on it that I'm aware of. Um but just to try to protect some of the existing businesses that are on a residential property, I know we do have a few of them. You have many um and it would also take an ordinance amendment to do that which would be a public hearing. I'm assuming word would get out pretty fast and you'd have a number of very interested businesses all throughout the community. That would be in speaking against that amendment. But but again there's no discussion on doing anything like that. Mr. Mayor, if there's no more questions, I'd make a motion to approve the resolution for the interim use permit for the extended home occupation for a commercial manufacturing kitchen located at 818288 Neland Boulevard with the one modification to the findings of active 12A that the issue the interim use permit shall expire on April 8th of 2037. Second rain will uh is already seconded. All right, we'll move it to vote. Certainly. Tony Howard 1924. Um I get it right. This is long-term thinking for our family. So um the question I have is what if I came in five years wanted to extend it. I just thought okay so now I have it till 2037 but say it's five years. So maybe going to come into the council and maybe get it extended another five. Just thinking out loud, right? Because my son is going to be taking it over eventually. Um being only 40 years old, so this is long term for him. That's something that is in in place where I could possibly Mr. Mayor. Council member Bre, it's my understanding based on the reading of 12A, the property owner may apply for a new interim use permit prior to the expiration of this permit to allow for an extension of time. So there's nothing that says you couldn't. Okay, helps me out a little bit, right? A little comfort zone. So I really appreciate everything you guys done. This is my second go around on this. You know, it's we're happy to be in that. So thank you. Thank you. Oh, you're welcome. So, going back to this um ready for the vote right now. My chair is spinning down the sidewalk here. Um so, all in favor? I I Anybody opposed? All right. Motion carries. That one's complete. So, Cler Nash, that wraps up everything that you have. Yes, it does. Okay. Moving on to uh interim administrator Johnson, you want to provide the updates? reference, please. Um, one thing we've talked about was um, collaborative planning, general, um, planning bills. Um, something that was talked about last year was to allow one hour of time for her to talk with city residents or potential residents. Um, and then after that require an escrow. um a council member was in looking at bills and wanted some ideas on how to um reduce the general planning. Um I guess we just kind of want to talk about that and see if that's something you want to move forward with. It was something that was discussed last year. Um I don't have an RCA resolution. If it is something you guys would like to entertain, we would come up with something for the next council meeting. So our current practice is what they get one hour right now. No, I'm gonna let Cindy address. Sure. So, we adopted a ordinance last year that is with the intent of giving people about one hour. The reality is that um people ask that tends to work really well in communities where the first call is coming from an engineer or an experienced developer, but now then has a number of residents who are trying to do their own projects and kind of manage their projects themselves as well. So they have a lot of questions. So, what Natalie and I have been talking about is trying to figure out ways to develop better packets of information that staff can send out as um kind of first points of contact. Um we've removed some of my available contact information from the website so people don't have as easy access to me as they were before. and then generally trying to be more um strict about that one hour of time and trying to get as close to that as we really can before having them submit an escrow if they would like more assistance. I would recommend we bring it up on RCA and then use it as a discussion point. Um it's a great topic and we haven't explored that one yet. Can I get a motion for direction from council? Absolutely. Would anybody like to second that motion? Second. Second from council member Swinson. Um we'll do a vote. All in favor? I those opposed? Motion carries. All right. Back at you. Thank you. Um I'm currently negotiating some terms with Crown Castle um on a cell tower lease. They want to take up a little bit more space where the current tower is. Um, so they'll be leasing a little bit more space, but what they want to do is add in Verizon um of Verizon's equipment to be able to serve this part of the city, which I think is absolutely outstanding because hopefully um for modeming for the elections, I won't have to run jump drives down because hopefully it should work if we have close access to a Verizon. Um, right now I think we're up about 20 cents per square foot higher. I'm just waiting for one more um response on the existing u part of the lease. Um, I did add a couple of things because it came in the new projector came in today. Can we go go back real quick for the Verizon tower? How long of a lease are you negotiating for then? Um, is this a long-term lease? It would be 10 years. So, it's a longterm lease. Mr. to to to administer Johnson and that's what we've had in the past is I have not actually found it yet because this just came up on Monday or yeah Friday sorry a couple days ago two days ago in my mind I have 10 years is what they were those go less so you increase it sooner sooner than later yeah we're definitely way out of the um the norm, which is why when they came and asked about Verizon, I asked for a higher um more current amount. So, okay, thank you. The new projectors here, as you can see, it was $250 less than anticipated. Um we can use it through April 24th, so we can decide if we want to keep it or not keep it. Um, I guess I'd like you to, you know, kind of pay attention to the quality of the um, photo or, you know, the picture display versus what we had with the old one. Um, this one is will also be suspendable from the ceiling if that's something that we choose to do. Um, one of the other things that I said was was with that being said, how we kind of wanted to get everything up to the ceiling and get things more hard um hardwired. Um, a potential idea for the 2026 would maybe use a third of this room to make a permanent chamber with one of those accordion locking doors that would kind of block it off so we could have wired equipment so that we wouldn't have the delay and we wouldn't have the echo. Um, I would like permission to move forward to get some estimate costs for that if that's something the council would like to entertain. Mr. Mayor, Councilman Rainbow, I I would move um that we allow staff um to look at upgrades to this building. We're going to be here for a long time. Um, and my absence found there were issues with the re um with the audio. So, um I I would move that we allow Natalie um and staff to investigate um permanent council chambers with wired mics, better equipment, um and using the Bluetooth and uh the accordion door that she mentioned. So, I'd just like to add a comment. I know this is the the the it's the city's property and it's not a real big town hall, but if we put permanent anything, it's just going to make the space smaller. And I would really like to not make it permanent. Although it would be great and other cities have that. I think if you're going to use the town hall, you really need the full space. So, can we do something that's we can hardwire the projector? I get that. We can put another projector back there, but for the space, I think the mobility of this is really important. so that we allow the residents to use this. Um, so I would I would love you to look into it, but maybe not hardwired and don't take it make it permanent structure. I think we just got too small of a space to do that. That's my feedback. Anybody else have any comments on that? Thinking the same thing. I would agree with you. Yeah, I think that's reasonable. Okay. So, do do we should we do a quick vote on that? Um, are you okay with what I said, Council? Yeah, that's fine. Um I just if she can give some options I mean I'm just looking at right now we are 8 to 8 to 10 8T back we're not using we can do two tables this way which eliminates some you know so there's some options if we give her the ability to look at some options and whether it would whether fixing any of the wall you know the holes and things like I mean I see we got tape over So that would be part of that. And back to the walls was going to be something separate. We were talking about on an RCA. So just just the audio portion to provide options. Okay. Right. Because that is one of the biggest complaints that we have, is the the echo. So So it's okay to provide options for permanent, but just please don't spend a lot of time on that. Again, you want to keep the historic town hall historic and continue to use it for a long long time. All right. So given that uh I'll say uh is there a motion on the table for that? Do you want to That's what I move. Is that what you Okay, that's your motion. Was there a second to that? Second. Second from council member Glazer. All in favor? I. Those opposed? No. Motion carries. Next one. Um Shelley has given her notice. Um her last day is going to be April 18th. um she will still help out when we needed um for vacations or when we're short-handed, but her previous employer who which allows her to work 100% from home, aka her cabin all summer. Um she's going to go back to work for them part-time. Um I we are I just found this out today. So, we're working on a plan on how to replace her 20 hours a week efficiently. and hopefully I'll be bringing a proposal to the 23rd meeting um when we're meeting for the capital improvement plan. Um one other thing that has come up today is the cannabis rules were released yesterday as Cindy and I had a conversation with Enoka County as we were delegating our city to the counties to have them take over some of those responsibilities. um he had said these rules are going to be coming in pretty soon and we needed to figure out a a few options of how we wanted to do and fill out a particular form for where the contact info was going to come. Um so just kind of a heads up the rules have been released. Um I don't believe they've 100% been approved yet. They are just um the preliminary rules I believe is what came through. Can you correct me if I'm wrong? I'm not sure about that. Sorry. Yeah, I thought it said preliminary on it when it came through. So, um, haven't looked at that. And then one other thing, just a reminder that I will be attending the municipal clerk's academy May 5th through the 9th. This is the first year of a three-year that was approved in our budget last year. May 5th through 9th. You're returning. Yes. And I will do just like I did at the MCFOA and instinctive to work in the evenings or call be available for some. I think with this one my the cell phone has to be put away until breaks. You can have it out at any point during the classes. But it should be available during breaks or in the evening. Does that wrap up all your updates? That is it, sir. All right. Perfect. So, we'll move on to new business. Um, so item number eight, first one is a the approval of the approval of Rod sale for resident in the historic town hall. So, we're on page 103 right now. You can read that. Carol Tractor is a senior resident that would like to use a historic town hall for a two-day garage sale on Thursday and Friday in May or noon. This is a single household event. Does the council want to charge Miss Tazette the $546 for the sort town hall use for the purpose of the garage sale or allow her to use the town hall free of charge as our current practice is for senior residents? Any discussion on that? Mr. Mayor Councel, um I believe based on our fee schedule, we cannot charge her to use this, but that's something that the council would need to address down the road is if somebody is going to use the facility and they are going to make money on it. Is that an instance where we want to would would want to charge them for that use? But that's a conversation for later because our fee schedule already states it's a senior child. Good. Thank you for the comments. Any additional comments at all? Right. So the motion for this particular one, would somebody like to make a motion, Mr. Mayor? Thanks. I really don't believe there's a motion needed because it's already in the fee schedule. Okay. So with the request for council action, do we not have to take a pay vote? I don't think so because we, you know, that's what our policy is now. I I'm certainly good with it. That could have been a good consent as far as I'm good. All right, we move to U the liquor license is already moved. Um, so the next one is 8C. Did you have something? Well, I just this this is my request for action. Please take it. Um the my request is pretty self-explanatory. Um my reason for asking councils to consideration of deferring the the um August of 25 election um is one to save the taxpayers the dollars and those are dollar amounts that Natalie worked with staff to put together and were pri provided to council um January or February. So th those are dollar amounts that Natalie has already put together. um it's an unbudgeted expense. So if we do go forward with it, we're going to have to find that money elsewhere and or take, you know, take it from something else. Um but we're not budgeted for it. Um it would allow staff to not have their daily duties interrupted. Um an election, a special election, um is to be operated no differently than a full election or a regular election. So every piece that you have to do for um a primary, this presidential, the primary or a general election has to be accomplished for this. Um and if we're going to have a new person in there's going to not new if Michelle's leaving then we need to have we're going to have a new person that's going to get trained in on whatever their responsibilities will be. um special elections um based on information that Natalie provided which came from Anoka County elections um have a history of low v voter turnout um there were the Rapids election they had 11% voted Ramse's um had 7.47 47 elected. So even if we were to top it at 15, which is very unlikely, um based on history within the state, um we would be at 492 voters. And that's information that Natalie provided us earlier in the discussions. Um we had a 3-1 vote um for Mr. Swanson or Swenson, excuse me, sorry, Mr. Swenson. Um, and all four council members had him rated in their top three candidates. Um, deferring it allows it to uh allows us to provide consistency and stability. Um, allows council member Swinson to participate in the capital improvement and budget discussions and be in place to vote. If we replace somebody in August, they're going to come in at the back end of the discussions and and not having a full understanding of um what they're being asked to do. And the as we've not provided any formal notification because it's not due yet to the county auditor or to the state, there's been no work done on this on by any other uh governmental agency. So, by calling them and telling them or emailing them and telling them we're not going to go forward with it, that's fine because we're I mean we we haven't told them we for sure are because we don't have to yet. So, um and the secretary or the state statute um dictates how appointments are made and um how um elections can be held, special elections can be held. there was less than two years in the um uh vacancy and so it can go to the next regular general election. I think it was greater than two years or greater. Yes, excuse me. Thank you for that correction. More than two years so it can go to the next general election. So the special election can be deferred till the next general election. Right. Make that clear. Right. Comments mayor. Council member Sonson. Go ahead. Yeah. Thank you. So, um, obviously this po vote puts me in a very awkward spot. This is not something that I wanted to vote on, um, at all. If, uh, Mary hadn't brought this forward, there's no way I would have brought this forward. Um, I don't mind running in a race. I I'm not trying to stay, uh, in this seat by default, by voting a certain way. I would love to do a race. My sole concern is this projected cost of $10,000 to the city as Mary described um and how it's not budgeted for and I I know that based on you know just what I've observed so far and been told that our budget currently is is short and so we're already going to have to make some cuts and I I think this just makes it tougher if we spend $10,000 on the selection and and we're also taking up, you know, staff time which takes them away from the many different projects they're they're getting to now. And so it it puts me in an incredibly awkward spot to have to vote on this. And I I really did not want to vote on this. But now that it's been, you know, put forward, I have to, I guess, sort of look at this and decide what I think is best for the city. And as I explained in my Facebook post that several of you discussed it, if I do vote in favor of this, it's not because I think I'm super awesome and the necessarily the best person for the job. I think I do all right. I just started, but I I think the spending of $10,000 is a lot of money. If it were for any other council person, I would have a much easier time voting on this um because it wouldn't feel so self-erving. Again, I would love not to vote on this. This this really puts me in an awkward spot. So, I just I I want to make clear that I I do understand all of your concerns. I I do agree with you in principle that there should always be an election for a seat like this. It's it's really just the matter of of that $10,000. And I know several of you pointed out that maybe I'm putting opinion or not verifiable fact or maybe even misstating facts in my Facebook post. And as Mary pointed out, you know, I got that $10,000 figure from uh Natalie and from the city. That was their estimate for what it would cost. And my my statement that, you know, perhaps under 10% of voters would vote in it is is based on the history of special elections um around us. I would love to see more than 10% um vote in it, but I just I'm trusting what what history sort of says. And so I guess I'll wrap this up and and say, you know, I I really I do understand what you all are saying. And I I feel very similar and if I were not in this seat, I might be out there saying the same thing. But it's that it's that cost to the city to hold the election, I guess, one year earlier than it otherwise would be. Um I I just it it's a it's a tough tough thing to spend that money. Um so that's all I've got. I just wanted to share my my thoughts and opinions on them. Thank you, Mr. Mayor. Um just wanted to point out a couple things that have been discussed regarding um the special election as well as the cost. Um, when we brought this up for conversation in the past, um, our administrator assistant Boils has has said basically, I don't I can't quote them word for word, but $10,000, don't worry about it. We can find the money in the budget. Um, I've also talked to election judges or and previous election judges and and they're several of them are willing to um offer their time since they are in now to the city. So there at no cost. So that's going to lower if there is any cost that would lower that specific cost. Um there was comments about um uh having the the the league come out um now that we have a full council, but I believe in the email from that was sent from the league that they are not going to come out at all until there is a special election, not just because we have a fivep person council. They were not going to come out if if someone was appointed. Um, couple other things to make note of is in November of 26 there's not going to be there this means there would not be just a election for a mayor and two new council members. There would be the third election for the for this to include this special election. So regardless of whether the special election is now or in November, there would be another that special election would exist and that person would be literally running for an office for two months. Um, and that to me seems good that that could be very confusing to the voters and if we separate them and do it now, then it's over and done with. I understand the appointment process and I believe you're willing to serve uh, council member Swinson, but an appointment process should be for a relatively short period of time until we can actually have a special election. And that's why I would say going we should be continuing to go forward with the special election for this year so that the position can get filled um and we can have the league come out and we can um go on from there. Mr. Mayor, council member, first I'd like to suggest that council member Swinson recuse himself from any further discussion and also from the vote. in my opinion based on chapter 6 page 12 Minnesota cities handbook which I have a copy for everybody and a couple for the back room. It's just one coach. Where are you looking at? So I I'll uh I'll touch on the um top conflicts of interest. There are two types of conflicts of interest that a council member may encounter. Those involving contractual decisions and those involving non-contractual decisions. This is obviously a non-contractual decision. Um bullet number two, non-contractual situations. There are also situations where council members may find that they have an interest in a non-contractual decision the council will make, such as this. This type of interest does not have to be of a financial nature, but this one is. Mr. Swenson stands to uh to earn approximately $6,400 between um now and uh November of 2026. These non-contractual matters may include such things as council decisions on zoning, local improvements, and the issuance of licenses. Although not generally prohibited by state law, an interested council member most likely should abstain from participating in the council discussion and from voting on these issues. I have a Mr. Mayor, I have a couple more things that I'd like to like to share in regards to our process here since this council position. So, I I addressed the, you know, Mr. Swinson's uh potential financial gain. Key point, the city council published multiple times that the city would have a special election in August of 2025 to fill out the remainder of this council seat. It was stated at the top of the application from for the appointment for the open city council seat that there will be a special election August 2025. There might have been more applicants if it was stated that this position would be until December 31, 2026. If residents knew they would not have to run for election in August, there would likely have been more interest. There was a public notice submitted by city staff and published in Now then's newspaper of record on February 21st, 2025. Now then, city council is seeking residents interested in filling a temporary vacancy on the city council. This appointment will commence on the date appointed and expires on August 19th, 2025 when a new elected city council member is sworn in. In regards to cost of the election um could be covered by the city's contingency fee. In January 24 January 24, 2025 newspaper article, council member Rainville stated that the cost could be $6 to $8,000. Miss Johnson says that the funds could be used from the city's cons contingency fund which is not allocated for budgeted expenses and which is happens to be $10,000. So the city would have the funds to cover the special election that was promised without affecting any budget items. And to touch on what council member Swinson uh talked about just a few minutes ago on his Facebook post from Monday, he stated that I certainly understand how a new election would be the most fair way to fill this seat for the remaining term. I will I will add that he did state if there were some way to hold an election for no additional cost to the city, he would 100% vote on the on the election. But to go back based on the League of Minnesota Cities, Council Member Swinson has a conflict of interest in regards to this matter and I would ask that he abstain from this. Thank you for your input, Mr. Mayor. Council, um before we ask a council member to abstain, um I'm not an attorney. You are, but you practice not this, but the other three of us are not attorneys. Um so to ask somebody to abstain based on um a page from the league um that doesn't talk about elections and voting on an election um to me is not complete information. Um, again, my my goal here is to save the taxpayers's dollars um and um allow us to have the continuity of uh a council through the end of through through the December of excuse me, November of 26. if he runs and is successful and he has it for two months and then he takes the position in January 1. Um, at this point there we haven't initiated an an election yet. Um, so nobody has applied. Um, and to say that he's unable to vote on it, I I just don't think that's correct. Um, but again, I'm not an attorney. Um it's my recollection that when the league said that they would come in with a fivep person council, but they're not going to come in if it's just for a fivemon position. Um so a temporary so we would be delaying um the league coming in to assist us um where if we choose not to have the election and allow this position to go through to November 26th they could come in right away. Mr. Mayor Council both you and Council Member Randill agreed to this special election in August of 2025. I I voted against it and and well it it passed though. Yeah, but I voted against it passed. And now I find it ironic that you have the three votes to pass this resolution. You want to move it to August of 20 uh or November of 2026. It's actually not November 2026. What is the date of the special election if it was moved to 2026? November. I thought it was November during the general election. Thought it was November. So, and I have spoken against the special election from day one. Maybe Mr. Mayor since um since Council Member Rainbow stated that that she's not an attorney and I don't think Mr. um Swenson should be able to weigh in as an attorney on this matter. Maybe we should table this matter. I guess the recommendation What did uh Bob Ruby comment on this? We've got uh we we asked them this question. Make sure that it came up. It says the county the county auditor confirmed that they've never received a formal writ of election from Natalie. Just a phone call turns out to be a good thing because no result of no formal election proceedings have been initiated. No affidavit of candidacy have been submitted. So there is no prejudice to any candidates. Since the election procedures required by statute and not been started yet, there has been no waste of resources at the state, county or city level. Please note that all city council members may vote on this matter and the appointed member, council member Dan Swenson does not need to recruit himself from voting on this res resolution. Once a resolution is passed, I would ask that you provide a copy to Tom Hunt at the elections at Anoka County auditor's office to ensure that no further action is taken regarding the election. Let me know if you have any further questions or clarifications. That was from Mr. Ruby. That was from Mark Als and Ruby, the new associate. So, a couple comments. Um, I haven't said anything at this point, but um, Council Member Brian talked about the think of Minnesota City training and it was stated that if we are going to do a special election, they wouldn't come in until after that. If the special election is moved, you still have to do a special election either way. If it's moved till November 2026, they would come in and do the training. So, that was one that um, maybe just a quick update on that. Mr. Mayor, I'm just that is not how the email was worded that was sent out. Um, since the council's decided to appoint someone only until the special election, we cannot provide training until after the special election. So, it doesn't say that if you move the special election out that they will still come out. They will that was that was confirmed. Maybe it came in another email. Thank you for the clarification for the um so if you remember we were stuck at a 22. Uh my whole goal is how do we move the city forward? How do we move the council forward? Unfortunately, we came in with a deficit of a council member as we started our session. Um, against my better judgment, I voted to go with a special election so we could move forward with the process because it was stagnant and not moving. My whole goal is to help facilitate that process. I stated my opinion. I did come back and vote for it because I wanted to move the process forward. We did it and also and I had stated this multiple times. we could do an open and transparent process where we interview people and select a candidate. I said we don't need to do a special election, but because it was stagnant, I voted that direction. We did. We did exactly that. We put it out in the paper and we've got multiple people that were interested in being a city council member now then, which is fantastic. That's what we were looking for. We had an open process. Um residents could see it. It wasn't hidden at all and it wasn't just a random appointment. vote. It was a selection. Council member Swenson was in the top three of all four of us and we had a majority vote to bring him in. So there's not any conflict of interest for him to vote. It's been stated by our attorney, the League of Minnesota Cities. I I I understand what you're saying and to say it's a financial thing. Uh the pay uh as you know is is one of the lowest ever being a council member here in the city of Melvin. So I don't think anybody's doing this for pay. All right. Any other comments that need to be made? Mr. Mayor, Councilman Randle, I would also just state so that this is a sheet from the League of Minnesota Cities. Anytime you contact the League of Minnesota Cities, they'll say, "Yes, it states that, but get the approval, get the opinion of your attorney. We're not giving you legal advice here." So, if we were to use this, we would have to give it to Ruby to have him opine on it. And he did. And there isn't a Mr. Mayor, can I point out that in order for me as a council member to have access to our city attorney, I have to submit a request for council action to get approval. That's the that's the formal process that is in place which is being which you know we'll talk about it later is being abused by some people within the council. I would not have time to get that request for council action in for this meeting in order to have a conversation with Mr. Rupy to either way to have him say yes or no what that even have a discussion with him. I'm not able to do that because of the current constraints of of the way that the the council is structured where we don't have access to our contractors but through a formal process. Mr. Mayor, council, I will just state I did not talk to Mr. Ruby on this. So no, just just to clarify that um we do have a policy and that policy says if it's timesensitive, council member can contact the city at city administrator, ask them to reach out and then copy that to all of the um the council members, which I did with with you guys earlier on in your your tenure and even before that. So, um, but I did not contact the attorney. Um, I think if Natalie did, she did it with being proactive and knowing somebody's going to ask that question. And she That's a good thing that she's proactive. She has an answer. RCA has been out for quite some time. Yeah. Yeah. Next next time there's a there's a response from our city attorney. hand blanket in writing for the meeting. Okay. Any other comments on this, Mr. Mayor? Council member Versson. Um, had I been notified or provided with this uh I guess conflict of interest question. I mean, I could have, I guess, taken a look at at the rest of this manual and had a more prepared response. I I do I do understand what you're saying that it's difficult that we can't just contact the attorney and sort of run stuff by him as easily as you know the city administrator maybe but I think if you had shared these concerns I I mean I think it would have been appropriate and it probably would have been brought to Bob Rupy um to sort of look exactly at this LMC um document. Uh the I do have a question though. Have and it it sounded like you you were certain that if we move the special election, it is not going to cause a delay in the um the league coming in. It won't cause a delay. So if it's moved, they'll move forward with the training. All right. If we we vote to keep the special election in the August time frame that we voted, then they will wait till after August to come in and do the training. All right. because I I would want I mean if we're certain of that I'm I appreciate you telling me that. I just I I would not want the moving of this special election to delay necessary training for the city by a year and a half or something. And then um a question for the city administrator. Um I don't know if it was uh Councilman Glazer or Ryan who pointed out that we have I don't know what you guys said a separate fund to pay. Do we have money in a contingency fund that could cover this? We do have $10,000 for contingency that would can be used if we choose to use so that's kind of our extra money in case something breaks or we need additional funds. What what what happens to that money at the end of the year if it's not spent? Stays in the um general fund. How much typically gets spent out of it each year? Is it funded with $10,000 every year? All of it. And it typically all gets spent. Yeah. And when I was at the MFOA, I was asking um a lot of other cities have a much much larger contingency um for emergencies such as an MS4 catastrophe or other different things like that. I'm new here. What's an MS4 catastrophe? That would be like one of the ponds failing. Oh. Um where the the sludge is contaminated and you have to get rid of that. Have Have we spent any of that money this year? We have not. What did we spend it on last? Do you remember? Software. The van. Yeah. Yeah. It was the update. That was Well, that was $300. So, I think we use it on a couple multiple little things, right? And so, if if we were to spend 10,000 of that on the special election, would we have to refund that account or would it just be at zero for the remainder of 2025? We would be at zero. And if we did, use additional fund balance by using it, but I believe we're already using fund balance to um run 2025 to keep the city going for 2025. If we did have an emergency that popped up in October and there was zero dollars in that fund and we had to come up with five grand, I mean, this is a hypothetical, so maybe you don't have an answer, but where would we obtain that money? Like, what would the mechanism be for covering the cost of that emergency in October? would be unbudgeted funds coming out of the general fund. It would be and it would be adjusted at the end of the year just like we did a budget adjustment and we're already taking money out of that general fund to cover this year's budget. That's correct. Is is that the $75,000 figure or 200? Well, it's been a moving target. It started at 254,000 and then it dropped because some other things come in less than cost. So then it was down to 75. All right. And I negative. Gotcha. I I did email the I don't know what her position is. Lori Lori Jagger. Is that her name? Yes. I did email her. I I wanted an update on that amount because if we were back in the black, then this issue wouldn't be an issue and I would totally vote for an election. Um but she said that it is a moving target and that she doesn't have a current estimate on it. you know, the last estimate she gave of 70 something, it she said I think she said is still in effect and that won't be updated until we get further along in the budget process. Um, all right. So, spending money out of that that contingency fund isn't as I mean, it's not just fund money. We use it every year on stuff. We have since I've been here. Yes, sir. All right. Mr. Mayor Council Maro, we also have to consider that we have a um correct me if I'm wrong, a $14,000 bill coming up for the search for the city administrator, which was yes for I think it was 145 and that was also an unbudgeted unbudgeted. So that's $25,000 between the two. Um and we're only in April. So Mr. Oh, council member Brian, you're up. I also wanted to remind the council that we also were we also were able to because of uh less uh money spent throughout the budget that we were able to reallocate. It was I I could be wrong. I was I'm trying to find the amount right now, but it was probably close at least 100 if not $150,000 that we were able to move around in the budget um because we we had lower maintenance cost and had uh less supplies purchased and that just as far as supplies maintenance costs and and by upgrading the old trailer that was $60,000 alone. So there's more than likely will be I mean and I would say I could be wrong. I don't have again the going back to all of the um end of year budgets that we had, but I would say the majority of of financial statements that we have is the city um the city's expenses are usually much lower than than what they take in. So that there's almost as far as I can remember there's always been some sort of savings there. You are correct. We did we did get some savings and that's what reduced the minus 254 254,000 down to 75 because of those savings and bonds coming in. Mr. May council member at what point would we have uh well I guess this is a question for council Bryan. At what point would we know whether there is I guess not a hole in the budget? You know what I mean? Is that like at the end of the year looking back thing or is that like while we're doing the budget like this summer? like at what point will we have a pretty good feeling for whether we're going to be short money or have a surplus of money? I I don't know how this process works. I mean, we we're get we get financial reports pretty much as needed at least quarterly and we would have a statement to say we're ahead here or behind there. I mean, some things don't come in until later in the year, but for the most part, we should have to be able to have a running budget to where things are at. We got our first quarter state. That's what we have. When did that come? Will be should be coming. I haven't. Yeah, it's not came yet. Am I Am I wrong? No, Lori. It's the first or the first quarter just ended. I haven't even done first quarter reports for the state yet. So, so that must the fourth quarter report. So, is it about six weeks into the quarter? Is that when it comes? Yeah, it'll be it'll it should be at the May meeting will be the quarterly report from her. That's right. If we waited until we had that quarterly report, would it be too late to hold and get the special election up and going by August? I have to be to the county by May. May 20th. I had to let them know by the 5th. You would have to let the county know by the 5th. Yep. Because otherwise I won't meet deadlines with the newspaper and stuff, too. The notice to auditor based on Tom Hunt from the county would need to be submitted by May 20th for an 812 election. It is, but the newspaper cut offs to get the notices out and everything else is a little bit sooner than that. But we can certainly do that. I can have Lori put together that. So there is options. You could look and say if we miss this date, you can go to the next date. uh which November so there is options just be aware Mr. Mayor Councilman Randle, I would move my request for council action that the city council directs the city administrator to advise Hanoka County and any other entities necessary that given the March 12th appointment of Dan Swenson to the city council, we have voted uh to move the August 2025 special election to November 2026. Staff is also directed to place the information on the city website, Facebook page, and if timing allows, place notice in of the postponement or deferment to the in the city spring 2025 election or newsletter. If I have a second, we can vote on. I will second your motion. We will go and do our vote. All in favor? I I I oppose. Motion carries. All right, we're going to move to the next one. Agenda item D, the guidance. So, let me find my piece table. So, I had asked the council um for council approval to review the dryen's escrow bill um and to meet with the city attorney and discuss alternatives and propose a solution back to the city council. I did this on the 27th of March. Um I had met with the dryens previously and I told them I would investigate the escro bill of $9,72.50 to see what I could do. So after reviewing the bill, meeting with the dryens on 3F to try to get a full understanding of the full perspective of what was what it was, um I next met with the city attorney. Um and upon conclusion of this reviewing all options and under legal advice or advice of legal counsel, um we are unable to make changes to any bills to make any changes to the amount in the bill. Um I did talk to uh Randy and Deb Dryden and I said there is an option and we could look at uh if there was a hardship and we could do a payment. Um but there's key reasons I want to talk about that and the reason I came to this conclusion. So all the costs are already sunk costs. These were already when this was brought up to me these were already paid costs. Um, and what's important is that if they don't pay the bill, it's coming out of the general funds that pay the bill. And how the general fund is made up is it's made up of property taxes. So, in the end, the now residents would end up paying for what the Dryden's asked to do. Um, and this is not what residents are asking to do is sign up and pay. Let me finish. We have to fight us on this thing four years. The other next point, this is all from the past administration. I am just doing the review. That's all I'm doing. All of this took place prior to me coming in. Please let me finish. I'm not interrupting you, so let me finish. If you can't let me finish, please leave the room. Thank you. This will also set an unfair precedence for other residents to do this. Number four, the major reason for costs in uh is the city ordinances which they are confusing and the city planner must look in multiple places and then try to interpret what is right many times and then they have to go to the city attorney for review it to see if they're correctly interpreting this. So my focus is as going forward is there's an opportunity to fix our ordinances as we go forward. I can't fix what was happened in the past doesn't fix it. It has other residents paying for your bill. So timely review of billing of escrow. I do not like the way this was conducted for you guys. Um and I've asked it to be addressed and going forward it is being addressed. Fixing the planning and zoning ordinances for the city to make them clear and concise. That is in process right now. and an efficient process to minimize residents expenses, which will come with reviewing the ordinances, making them clear and concise, so the planner doesn't have to go to the attorney. I didn't write these ordinances, but that's what we have right now. So, my recommendation back to the council is that um the bill as it stands of $9,72.50 uh to be paid for by the Dryens and not get relief from the city. So, that's my recommendation. I will open up to the council for additional comments. Mr. Mayor, council member Glazer, my recommendation to you in the future is to not go out to negotiate something with with a resident in regards to something of finances on a bill where they owe over $9,000 and and even suggest the possibility of reducing that bill. Well, thank you for your input, Council Member Glazer. Mr. Mayor Council member council gave you um authority to talk with the guidance. That is correct. And you follow council direction. So you know there's a there's there's a thing in sales and customer service and that's to never overpromise and underdel. And in my opinion, whether it's just the mayor or it's the mayor having consent from the council, we overpromised on that and we're underdeling it. I'm just I'm just stating my opinion and my feelings about this and that that's why I'm okay. Well, if we're going to state opinions, let's talk about that. There was no promises given to anybody. This was chain trying to be proactive in going out and talk to residents because they felt they were wrong. Okay? So there was no promise. I I never said that. I never said that you made a promise. I never said you made a promise. Opinion, but it's completely it's your opinion. And when you know the facts, let's talk facts. Is there any other council member that have any other comments? Mr. Mayor. Council member Swanson. Go ahead. Swanson. Swanson. Thank you. Um, I also went out and talked to the Dryens because it is incredibly difficult to come in at this late hour after years of all of this has happened and try to figure out what the heck happened. And they're they're very nice people. They have a nice house. I really like your your log house you built. Um, and I I think I have some valid concerns, I guess, about the the maybe not so transparent billing. Um, you know, if I had received a $9,000 bill, I guess I would want to know what was being discussed. And so I I I don't intend to pick apart the bills, but I I would like to ask the city planner, Cindy Nash, if that's okay, if if she recalls just generally around that period of time that Deb highlighted when she spoke at the beginning of the meeting in the summer of 2024 when a lot of those hours were incurred. I mean, what what in general were you discussing and I guess what took so many hours? You know what I mean? So obviously I was not even aware this was on the agenda tonight. So not I'm not prepared to discuss it in detail. But I can tell you council member in general that um the way that developments have been typically done in now then um if you don't mind me kind of opining a little bit in in most communities when we do a development and even a couple lot subdivision is a development. Um there's a set method of doing that with set rules that everybody follows and no wavering from those rules and they're pretty routine at that point. Um with a key point being that at the time that something's recorded and the development agreement is recorded, there's financial securities put in place. Um all the conditions precedent are taken care of before it's recorded. And what happens frequently and now then is that these agreements were are recorded, but there's still things to be done later. Um, and I run into this every week with agreements and past decisions here. So that's typically what was being discussed was, okay, they now want to build this house. Now I have to check the development agreement. Has everything been done? And then we have to figure out what hasn't been done, what still needs to be done. try to make sure those things have been done. And then, and I'm sorry, I don't mean to put you on the spot by surprise here. Follow-up question. I know some concerns were raised at our last council meeting, and I'm sorry, I don't recall which dragon spoke, but one of them were concerned that you were essentially sort of just catching up, getting up to speed as a new employer of the city, not employee, new contractor of the city. And I'm and to an extent, I'm sure there is a learning curve when you start with a new city, figuring out the ordinances, you know, what's going on. it. When you build the city for at the beginning of your tenure here, when you build the city or build these pass through bills, would there would you ever reduce the amount of hours that you were claiming to account for that or did you claim every minute that you did work even if it was, you know, potentially taking you longer at the beginning than it would now after having been here for a little bit? Um I would say that if even if that occurred today right now um yes I'm learning their file as opposed to say the previous planner who had worked on it who would know it but no I don't reduce those bills because that's still all that work still has to be done. Yeah. Do you think at the beginning of your tenure for the city that maybe you did take longer in doing certain things than you otherwise would right now as after having some experience with our ordinances and rules and whatever? Um I guess it's hard to say. Um every project in now then is different. So, I I would say they're not they're still taking as long because every every project has to be looked up and determined. Um, as a different example, I'm looking and working with another couple who bought a vacant parcel of land that is ready to build a house on it and that went through a subdivision process a few years ago, but was not approved as a lot for a house because they were trying to save money at the time. So, now we're having to back up and go through steps and that will be coming to you soon, right? So, no, I mean I I I don't think it took any more time. I think that there were a number of items in the development agreement that hadn't been done. And I had a question. Oh, no. And I guess this is a question for maybe both you and city administrator, interim city administrator Na. Um I and this is part of me not being super familiar with this process, but had the escrow statement gone out and I don't know when it was supposed to go out as compared to when it did go out, but had it gone out say in August or July in the middle of a lot of these hours being built and uh the Dryen saw that and complained to the city or or called you. I I don't know who they would call and said why all the hours like let's nip this in the bud and you know ask us what we you know what your questions are like would there have been anything that they could have realistically done to have reduced the amount of hours that you guys ended up spending had they been aware how many hours had been incur incurred so far sure the items that were in the development agreement could have been completed Mr. Mayor Council, a couple things for the record since the Dryens don't have the privilege of the microphone. Um, and I'm sure Deb Dryden would be happy to go back into her phone records, but she's been she had been asking for bills throughout the year. Um the other thing that I would like to point out and um for for the record um so residents are aware that when the Drydens asked our city attorney for a uh description of the conversations and email exchanges and so forth between the attorney and planner Nash. They were told that asking for that information was not only unacceptable um but it was it was unnecessary but also unacceptable that they asked for it. So they were not given any explanation as to um the uh the dialogue that transpired. So I would like to state that for the record. Thank you. I do have one more thing is so um moving forward recommendation for our council members if we look to go look into a particular issue. Don't ever do it as a single council person. It should be two. You made that recommendation. I said I should be able to take care of this myself. I think that I defaulted to maybe some of my work functions. I should have said yes. I should have took council member Glazer and we went and looked at it together or yourself. I should have done that. So, that's a lesson learned for me and I won't do that again because part of being transparent in the process is to do it and have teamwork and communication. So, thank you for that. Um, I will do better on that moving forward. Mr. Mayor, Rainbow. Um, I would just say that our escrow process has um been deficient for many many years. Uh, Miss Johnson brought forward um a request to purchase some software or a billing a billing created to go on. Yeah. So that we can get a handle on our escros. Um, I spent I I know if council member Flatable is still here, she spent some time working on it in the office for at Natalie's request. I spent days putting together documentation so that Natalie could finally get everything that was prior to in the system and get built. you know, we have a lapse in um if you talk to a I if Cindy talks to attorney Ruby April 1, that bill doesn't come till May, and that's if they bill in May. Now, they're pretty good there. We do have a a a consultant that bills us every six months, and we tried to work with them on that. Um, but there is a lapse in when the conversations happen, when it's build to the city, and then when it's built to the to the the property owner. But Natalie has taken the initiative to try to get our hands around that and to try to better that process. And I think she would say that we are better because before there really wasn't a process. She's even working to where now when there are escrow accounts that they won't come in on our budget sheets because right now it looks like we're paying I'm going to pick a number. We're paying $200,000 to ABC consultant and we aren't. Those are dollars that the enduser are paying. Natalie is now looking at our budget won't show that. So, we it doesn't look like we're spending that money, but that's part of Natalie's initiative to try to get our escrow um process better for both the residents and for the city and for the council to understand. Mr. Council member, please. Council member Rainbow, do you recall how long ago it was that Scott Laner was charged with fixing our because ultimately it would have been Scott Laner's responsibility at the time when he was charged with um fixing the escrow um process here at the city of I I do not I just remember Natalie coming to council and saying that if we have this it is it was it Banyan that developed it? Yeah, I talked with the programmer and told them what I was looking for. I could just state for the record, too, um that I told council I needed help. I told the previous um administration that I needed help multiple multiple times. I had no time to get to the escros. I worked two Saturdays in December working with u our subcontractors to have them verify all of the bills because things hadn't been done. they hadn't been done with our previous planner. Um, ultimately I did the best I could with the time that I had putting on a general election. And that's why that's why I pointed out this this was ultimately Scout Lander's responsibility at the time to make sure that this stuff got fixed. But in the Dryen's defense, their final bill was dated December 28th of 2024. I think I I I'm trying to recall the the last date of billing that was actually on that was August. So we we would have had those bills and then they didn't actually receive it until January 7th. Um and it it actually went to the wrong person. So um I think these are things that we can improve on in the future. I believe it was mailed to their son Jason on this very similar address and his name was also on it. That must have been part of the original application where both names were on it. So that's um well I think the developer agreement contained both of the names and so I think Jason does have liability for that. So that might be who I was. Um I do have one I guess council member go ahead. Sorry, one final thought uh for me. Um I I I was provided a a copy of the the billing statements that were sent to the Dryens by the Dryens when I met with them. And I guess it a lot of these bills, you know, when when the city planner and the attorney, especially when they know that this is pass through sort of billing and the client is almost ultimately the the resident or the builder, I I would like to see these bills contain more information going forward other than, you know, call with city attorney, call with, you know, whatever because it is hard for them to determine what if any of that time possibly was excessive. So, I don't know if we've since improved the billing descriptions, but I think especially for those pass through bills for that type of thing, I I would like to see a little more clarity and detail on that. I asked planner manage in February to do that exact thing. All right. To add the additional details so we understand what it was about. It's not just a conversation with attorney. It's on specific reasons so moving forward we could do a better job. We got like how this happened. I'm not happy about this. We're trying to fix something that's past tense. We're going to try to fix the issues going forward. Okay. Mr. Mayor, Council Member Rod, I know this project has been going on for several years and I know because this came up last last June when they were simply trying to to and I don't know all the exact specific. was was filing things. But I know a lot of this also goes back to that there were that the papers were filed with the county but not recorded and then that caused it seems that that also caused this project to go on yet that's adding and incurring more costs where it seems like there should be some way to um rectify that in some manner because that to me I again I could be wrong but that certainly is influencing this the way that the bill and the and the fees that are that are accumulating here because of um the the way that the county and wanted um literally wanted one of the houses to move their driveway and and to to have a city street. And I know that added to some of this, but it just seems like we uh that we as a council never really had a chance to talk about this issue and but that there we would think that there should be able to to make some adjustments somehow. I believe that was in the developers agreement though. Was it was it not? Again, I haven't looked at this in months. That could be incorrect. No, it was not. Mr. Mayor the the information that was sent to the county was not sent to the correct person. So the previous planner did not send the developer or whatever it is she was supposed to send to the county did not go to the right department and you know it sat there for I don't know how long right it sat there for a long time but that's on us as a city. But I I you know this was not a smooth project. Um I I agree with that. Um but the expenses there and as the mayor has said um it's not the resident's responsibility to pick up that cut. So um I would move that the city attorney and staff uh request the adoption of resolution 2025. um which will levy the unpaid amounts in their rears of $9,72.60 plus attorney's fees and costs against any properties owned by Mur and Mrs. Driving within the city limits of NVIN. Such fee amounts shall be assessed in accordance with Melvin city code plus any professional fees and amounts escrow amounts per pursuant to the developer development agreement executed between the parties for the Dryen acres and I don't I'm not happy having to do that but it's got to get solved. Okay. Is there a second? I'll second. So, uh, we'll do a vote. All in favor say I. I. I. Opposed. Nay. Motion cars. Councilor O'Brien. She's here. Let her do it. Been so good at it for the last five months. This has been perfect. Go ahead. Move to adjourn. All right. Meeting a journ.