to the flag of the United States of America and to the Republic for which it stands one nation under God indivisible with liberty and justice for all okay on to agenda approval I don't think there's anything from staff is there anything from Council any changes additions attractions no I will entertain a motion to approve the agenda as presented so move there Camp second Nichol all those in favor say I I I I perfect we have open Forum if uh there's anyone that would like to speak at open form for items not on the agenda tonight think we're good okay then we will move on to update this consent agenda consisting of items 5 a through 5i does anyone want to pull anything no if not I will entertain a motion to approve consent agenda items 5 a through 5i so moved Nichols second parent Camp all those in favor say I I perfect uh planning we have an item that we tabled at the previous meeting um it is the 6A final plat and final PUD for T Vera 7th edition um and I don't know if we then was anyone going to there really wasn't probably any pre presentation prepared because it was just tabled from the last meeting where we got to look at the staff report and had a pre a brief presentation there um I guess my thinking would be that potentially the concern that was raised was addressed or is in the process of being addressed through uh the consent agenda item that we just passed so I would um I would think that we are good to go ahead and make that motion to approve uh I will I'll go ahead and make a motion to approve um see if I can find the resolution number uh resolution 2024 106 and 2024 107 approving the final PUD plan and final plat and development contract for T Vera 7th mck is uh making the motion second J Camp any discussion I have seen seen a lot of activity lately trying to clean up other items which I think is really good it did take a lot of effort on I think staff's part to get to this place is there anything that we should be thinking about for Tara in terms of systems and policies to ensure that we don't have the same kind of challenges in the future I think I think I think both part I mean I think we're implementing that by by by forcing the conversation I think the developers in the community are also awareness is being raised where they want to maybe act a little more prudently so I think I think there's momentum building to shorten the windows of some least development so I don't think there's a process that I would recommend yeah it needs to be across everybody right that's what we're doing with it so I don't think there's a process I think there's a raised attention to it and and I would say TOA as a broad development is ahead of where Rania was by far at this St in the process in terms of outstanding items in terms of where where the developers at so um I think I wouldn't recommend proposing any other things other than just an awareness of what's going on and staff is you know implementing that policy with developers so a little more uh you know aggressive conversations in terms of hey let's get this cleaned up so that's the shift policy shift that we're having to council member Nicholls uh point I think it's important that multi-stage projects like this are treated as one project if there is non-compliance on one addition I think it's fair to consider that when we're asked to approve a subsequent addition so and uh I do have a question on um I saw that one of the uh requirements was that the city had to uh inspect the grade has that been done do you know know I thought I thought I read that insect the grade maybe I don't know exactly where that's referencing I'm not I can if you have reference to that I can okay I'll I'll I'll get that to you but generally inspecting the grade would be making sure that the drainage is meeting our minimum or maximum slope standards but I don't know specifically what you're referencing but that's what I would react to here but if you have a specific question email to me and I can provide a direct answer thank you perf okay um and then if nothing else uh all those in favor once again the resolution was to approve 20 uh 24 106 and 107 um all those in favor say I all right I or okay uh no unfinished business moving right along um we have new business 8A we have a public Comon opportunity on 8A for the new construction escro process if anyone would like to speak on that otherwise we will go right into 8A is it Kevin perfect technical difficulties we having technical difficulties oh were we we just okay I was going to say I didn't notice anything AI is hacking you want well he's got the wrong name tag that's why it's not working I think that's a crime imperson impersonating police officer that's not all right Mr Mayor yeah just as a gap filler just wanted to uh give credit to Kevin for going through on his bet it's very much appreciative it's nice to see we got him at least for 20 minutes into a Vikings shirt yeah you left out that it might be one of the shorter counil meetings a long time we always St to play again we do we do and it's still on we don't have to play double dip okay hopefully hopefully we won't be resting too many starters by then see I just have one question like that's shiny trophy I can't remember the name of it you uh you haven't won it in so long I don't know the shiny trophy I think it's going it starts with an and the Packers have won it how many times how many times have the Packers won it the Super Bowl or the world championship yeah no World Championship doesn't count you weren't born yet 13 all together that's right that's right how how many when you were alive one two two two yeah Credit Credit remember more than mine that's yeah yeah I mean heck you take all of Minnesota they won all the ones I watch my lifetime they were at least TI or ahead when I turned them off when I was watching the Vikings play the Super Bowl so they're they're winners in my book yeah what we had like four straight Super Bowl appearances didn't we all of them God it was Chiefs Steelers and dolphins I think not necessarily in that order but one thing we can agree on boy do the Bears look bad better than normal but still bad how many people we got online anybody I don't know six including Jeremy thank you everybody and Jeremy we didn't do that last time it screen is exciting there we go hey we're almost there we figured it out perfect now ready mayor council thank you I apologize for issues there uh so this is uh regarding the uh new home construction escro process that we're bringing forward so I'm just do do a quick summary of what that is um silence good so this is um like I said for new home construction we look at new home constructions having two components uh one is the site work the other is the actual building construction uh those two don't always coincide in into completion at the same time um some of this is weather some of it's are are WR wins other issues but it kind of shortens That season you can still construct the building but not do the site work um so for that reason a lot of cities utilize an escro process so that they can they can take that allow people to move into their home um get their uh certificate of occupancy but still ensure completion of the site work in a timely manner um so this so This ordinance would um kind of clarify that process process for the developer and the city uh it would give us an opportunity to uh set a deadline it would give us an opportunity to if needed uh enforce those rules um as far as completing the work uh ourselves or through contractors uh that's obviously a last resort but this would allow us to do that it would give us that ability as well as the funds to complete the work so we sent this out and receiving some initial feedback uh and having further discussion internally uh staff is proposing a few changes to what we sent to you originally um first one being adding additional language to uh subdivision five and seven that um is is some clarifying language uh that states the city may require additional escrow depending on incomplete work um at the time of seal um as well as adding that to the policy itself uh staff is recommending collecting a base escrow at issuance of $5,000 and then requiring more escrow depending on what's in complete um as at Co issu and so uh in just general example would be if the driveway is not in we' tack on another $5,000 if Wetland buffers weren't in place maybe it's another th those numbers we would have to figure out between uh engineering and what the kind of current rates are for that but we we'd have a a general number for that that we could add on uh and then there was suggested to add uh removal of noxious weeds uh to that final inspection and and staff agrees that's a good idea it won't necessarily solve the weeds and out lots and around the development but on that individual lot it'll it should be able to take care of that perfect uh tonight um or I'll say the implementation of this plan would require an ordinance update uh policy approval and then an update to the fee schedule and staff welcomes Council feedback and we are requesting direction to move forward with this and uh get it going so that we can Implement on the first of the year perfect thank you any questions for Mike would this apply to developments that are already in process uh no this would this would start uh be a January 1 so any permits issued after January 1 it would start with those okay so if there are Amberly or something like that they have new permits starting 2025 it would be factored in for those yes absolutely yep even if it's a started subdivision anything new after that would would be under these rules okay thank you anything else what would the uh you know I I heard you say $5,000 I I assume that that's just a placeholder for this discussion or has that been decided on and if so what is what criteria area was used to come to that dollar amount come to that so it's it's it's a placeholder we're going to look into numbers uh just based on kind of surrounding cities and what they're doing uh currently we use a $3,000 esro for a rural development uh through the land disturbance permit process uh we've been pretty Su successful getting compliance that way a lot of the real stuff is minimal it's one overstory tree and then see the lot so there's not a lot there this when you get into these uh especially plan unit developments where there's a lot of landscape and a lot of other requirements that that number would probably go up um but we'll have to look into like kind of get better numbers this is I don't want to say arbitrary it's the best guess of what it may cost to do this um but we can look into it further and get closer numbers if we'd like to thank you but for instance this first 5,000 would cover Landscaping um final grading um kind of kind of those main things that we kind of find are issues and then we can always add on top of that depending on other issues that we be find and and you said that you've uh spoken with surrounding cities that do this yes and have they been willing to share with you their fee schedule yeah yeah some have um I think uh City to the south of us here has I want to say a $10,000 escr um other cities use kind of an allart like we're looking at where they they break it down even further where they go you know 250 for this size tree you know 500 for this 700 is so we're going to try to simplify that but use that same kind of um process great thank you that's helpful perfect I Mr Mayor John had a question two meetings ago I think about this and such and you all can correct me if I'm wrong he was dis appointed in all the homes that were backed up to 116 and why don't we make um the developer have the decks porches three season porches put on them um I think in one of your things here that's an allart kind of deal I'm sure for the developers and stuff I just do we can we do anything like that that um houses against main thorough faar something like that would be nice to see completed decks out back or three season P something out back instead of or or that's probably extreme but there's doors there there's glass there that's one big step we don't see any outside outside of those homes protecting anybody from opening those doors and somebody falling out that might be kind of a separate issue that maybe staff could look into and if that's something to your stepping into planning world so that's more related to your approvals at the development your architectural standards and what this is is strictly when you pull a building permit so when the building permit comes in it's going to either have a deck as part of that building permit or it's got it or there's a separate deck permit that's separate from it so this is just addressing like when the building permit comes in so it's really kind of a little subset of the overall development if that makes but this change is just related to the building permit so my thoughts and stuff and you guys can or can't it won't be part of this is the safety Factor if we've got all these sliding glass doors or French doors that can open they aren't blocked off from the outside they aren't anything is there something somewhere that can be done about that yeah uh Council mayor we uh as part of building code they're required to block that off and it used to be you would see that on the outside right have some kind of guard rail mounted against the house well we found the easiest way to do it was you screw a wood block and TR the door inside um can that be removed yeah you know we walk out there yeah but but that's the best kind of you can also yeah I mean at that point it's hard to stop someone from if they're going to intentionally unscrew it and walk out of it that's an intentional act same with hand reils and things like that we you know we know that we walk away they may pull them off of there and we just do the best we can when we're in there and just wanted to bring that up probably didn't need to bring it up now but just wanted everybody no I think that would be a kind of a design criteria something you look into especially with plan unit development you know having that articulation on the back side and and what get a while but thank you m and also kind of looking at when we're looking at developments if it's the concern is where they're lining up to a road like 116 it would be like with the site plan and yeah feedback on that uh see Mark and then J kind kind of dovetailing off of uh council member Baron Camp's safety concerns and I and I get that you know I don't know that we have the um authority to require someone to build a deck um but I will tell you uh I often see uh a number of children playing in the yards behind those homes right along 116 and I I am I I am very scared uh every time I drive by there and I see and I see those kids and while we can't require the building of you know a back deck or something per perhaps we should consider moving forward requiring fencing um you know and and maybe make that a a requirement uh to be paid for by the uh developer so I just thought I would throw that out there because I think that it is a serious uh safety issue and I must they're the same group of three or four kids playing out back and they should be able to enjoy their their yard their parents are nowhere around and you know the last thing that I want to hear is Sirens racing to the scene yeah I think that's a good point we do we have moved towards requiring uh fencing on retaining walls um you know that'll drop off mainly on in public areas um fencing around pools or safety covers things like that so I think you know we have moved towards a little bit of that um so I mean I think it'd be a future discussion yeah I think it's important because I'd argue that roads are just as deadly as swimming pools great thank you you do see a lot of that Maple Grove along with the RS it seems like they they had a standard at one point I don't know if they still do to put privacy fences along like weer Lake Road and places like that the downside is they tend to look decrepit after a decade or two but if there's an alternate material that would last longer that could be it could be maybe somewhat more of a standard sometimes I know you get where it's like development that came in at one point and it's a you know you're this color or than one that's painted white and starts peeling and you get all the different kinds but if you can find a standard and the different material like you're talking about then maybe yeah that'd be interesting to look into Maple Groves and I'm sure other cities have had other policies similar to that I wanted to raise a question about is as an escrow system does that mean that they're putting up a letter of credit or they're actually putting cash into an account we for this for Simplicity it would be a cash escro okay yeah it's it's the it's the easiest thing I think for them to do and the easiest thing if we had to uh charge against it for us to action yeah very good Dean did you have anything I couldn't tell if you were just no I was going to bring something but we can go down the ravit hole we don't need any of them tonight all right um then did you want a motion for that yeah just just Direction feedback do you have any amendments I think I personally the the ads that you talked about all make sense to me um um so I'd be in support of going forward with what you had plus the things that you laid out to add into it yeah if I could and I know I'm I'm a little late on this but the question about letter of credit uh jogged my memory in the uh and I know we've already gone by this piece but in the letter uh I think it's attachment item 5 H1 okay um it in one point it requires a a letter of it says a letter of credit and uh I I was planning on making the a recommended edit to require that to be cash well that would probably be for the existing situation right for as as part of that letter my understanding is that letter has not sent to the developer yet correct so I get and it's uh second line up next to last paragraph I can get you a page number in the PDF I think I got it page I think 35 and again I I I apologize I forgot about this that's a good catch but if you look one two three four five six seven lines up from the bottom okay on PDF page 35 uh it it reads uh however if any of the listed work remains incomplete after the applicable period set forth above has run the city intends and then it there's a grammatical error City attends draw upon the applicable letter of credit and okay y I see that I I guess I'm I'm wondering did we is that what we're doing with them is a is a letter of credit but yet here we're talking cash okay so we we have we have a we have a I don't know what the technical term is but we have a assurity policy that has different options for different scenarios and we were talking shorties against a master development or development contract you're talking of hundreds of thousands of dollars versus a smaller number where you're talking about an acute project so we have a if we're going to make a change there that's a whole different policy change that that gets adopted and and I don't know what the recommendations would be to require cash or not that would be a different conversation but why this letter of credit is because we are holding a letter of credit that's what we have on this situation all right thank you for clarifying makes sense good eye though yeah um okay so is there any other feedback for Mike otherwise I'll make the motion that uh we direct staff to proceed with the additions that uh Mike laid out and I'll second agreed perfect uh all those in favor say I I awesome on to council reports uh I just have a couple quick little things we had a St theres official ribbon cutting today with the Chamber of Commerce that was fun uh Matt was out there and I was out there and um whole bunch of people bunch of residents I think someone's birthday was today they got to be the ribbon the official ribbon cutter um and yeah I mean it seems like they uh they got an interesting group there a lot of Social Butterflies that they're going to have some they're going to have their hands full over there but it's uh it's a really cool site if you haven't checked it out I'd recommend go getting a tour it's it's really cool moved in a lot are moved in yeah they're continuing to move in and then they're still working on the uh um the like higher level Assisted Living side of it too these are more the independent living units are mostly done um I think and I went into a few of them they're they're really nice I mean they're they're gorgeous and the views you can get up especially up on the third fourth floor you can see all of corkin and Beyond there it's really cool but yeah they're and that the staff there is really excited to be part of the community and should be should be fun having them there it's been long time in the making so I'm glad finally got to the ribbon cutting today but um other than that the only other thing I wanted to mention was we have another ribbon cutting um coming up on October 24th at 5:30 I believe it's here at City Hall you know El uh for the Broadband yeah perfect uh 5:30 for with Comcast to kind of officially say the Broadband project is done finished yep I'm pretty sure all the work is complete just about now but that's the date they picked and we'll hopefully have some good weather end of October could be either way but um but yeah that should be an exciting one and then that's a lot of ribbon cuttings for us in in a few months here so good deal does anyone else have any other reports that like to just one um Handover has a Handover fire has a open house on Saturday from I believe 10 to 2 awesome so um as much fun as we had is West Suburban um I'm guessing it'll be just as fun out there if anybody's uh not doing anything it's a good place to be I do plan on going I'll be there probably 1:00 on so perfect another great group of folks that help keep us safe so absolutely thanks for mentioning that uh anyone else have we gotten updated property tax figures from penan county yet you know might be a j question okay um not that I'm aware of that's substantially different um but got to be getting close I would think yeah they're going to give it to us after the fact they're running out of year here yeah no should be should be uh pretty soon but yeah I'd imagine Jay can give us an update when he's back uh next week or at the next council meeting um okay with that we move on to um city council is going in to close session to consider an offer for Real Estate under the authority of Minnesota statute 13 d05 subdivision 3 C3 the city is permitted to close the meeting to consider offers and counter offers for the purchase or sale of real or personal property the city council is going into to Clos session to consider an offer for Real Estate the following property is the subject of the closed meeting uh for the City Center Drive improvements the property to be discussed is p id24 11923 33001 here in close session we will call the meeting back to order um the city council just adjourned a close session which was closed pursuant to Minnesota statute 13 d05 subdivision 3 C3 in which the city council discussed offers or counter offers for the purchase or sale of real property the city council is prepared to entertain motions on or a motion on the purchase and I will actually go ahead and uh make the motion to approve City Center easement the city center easement agreement for the previously listed property subject to any final revisions by staff and the City attorney and authorize the mayor and City administrator to execute uh the same and for the city to fund the transactions and find that the acquisition has no relationship to the comprehensive plan I'll second any discussion all those in favor say I I perfect and with that we have our um schedule on there as normal subject to a lot of change as always I will be able to make the parks and trails commission meeting next session uh due to my daughter's birthday tell her happy birthday on so that that's the next week's the 17th okay sounds good looks like a pretty brief agenda too so one of us I can either call in or we'll figure it out I'll JC me thank you but thanks for letting us know and wish your little one Happy Birthday um and if there's nothing else I'll entertain a motion to adjourn I move to ajour Second all those in favor say I I thank you