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City Council Meeting 8-12-2024

Dayton City CouncilSunday, March 16, 2025
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e okay I will call the order the regular meeting of the Dayton city council for August 12 stand I pled algi 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 all right so I will note for the record that notice was given that council member fashion is participating in the city council meeting via interactive technology which is allowed by Minnesota statute section 13 d02 the address for his location was included in the notice is in the notice is open and accessible to the public so that we comply with the statute all votes that we take tonight will be conducted by roll call of [Applause] members I will need a motion and a second for the agenda a motion I'll second okay we got a motion in a second any discussion any changes there's no changes mayor thank okay I'm got a motion a second all those in favor say oh wait yep do we just always want to go the same direction to make it easier and Slot David in where he supposed to be yeah yeah think so yeah so we'll start with the Scott yeah in on the agenda I'm okay yeah Travis I and Dennis is I and Scott U sorry Dave hi all right I okay that is 5 to zero for the agenda um and we are oh on to uh fire promotion you good evening mayor and members of council tonight it's a great opportunity to uh bring up uh Joe Tedman for a promotional opportunity for station one um both stations are fully staffed after this promotion this evening uh with Joel so we have a captain we haven't had a captain over at station one since roughly October oish of 2022 um so with uh Joe and Travis over at station one and then we have um Kirk and Greg here right now Greg is out on leave of absence as Lieutenant so Joe if you would come forward please right there raise your right hand please repeat after me I Joe tman I Joe T solemly swear that I will support the Constitution of the United States of America swear that I the of the United States of America and the state of Minnesota and the St of Minnesota while Faithfully executing the duties while Faithfully executing duties the captain for the datton fire department the captain for the I pledge to lead with Integrity I pledge to lead with Integrity courage and dedication courage and dedication upholding the highest standards of the fire service upholding the highest standards of the fire service I'll protect and serve the citizens of Dayton Minnesota protect and serve the citizens of Dayton Minnesota with unwavering commitment and compassion with unwavering commitment and compassion placing their safety and well-being placing their safety and wellbeing Above All Else above all else so help me God congratulations [Music] spe congratulations all right move on to consent I need a motion in a second a motion I'll second let Scott any discussion um Scott do you have anything uh question on I'm going to go back to the uh to the dog how did how do you guys handle that this is just for my own satisfaction does the dog stay in the station 24/7 no or somebody take him home uh Council M salonic no so unlike PD I believe PDS is strictly to the station um I would actually probably be the Handler of the dock so we need have somebody that can train with a soldier six in that capacity so he would go home each and every night similar to a regular K9 come to work every single day and then go out on significant calls CPR calls whatever um and then checking in obviously with um the the people that we're responding to make sure there's no allergic reactions anything of that nature with pets um and then also having them here um during sign significant events as it relates to um suicides or deaths for from the fire department so it's um something that is uh the new Norm unfortunately we're seeing about 100 firefighter suicides annually um so this is something to hopefully to prevent that um I did not put it in the packet but um the idea is that we would use uh at least $10,000 of our Public Safety dollars to augment the cost of the annual budget of the dog so just vet bills and and dogs or the um dog food if you will um for that capacity so that'll come from our Public Safety dollars which were designated to some extent to be used for that particular use any other no I just wanted to know you know is he going to be running around city hall and you guys got to run him outside every couple minutes to he he will be here you guys will all have little bags in your pocket he will be here during Council once he's trained and um should be kind of the idea of it is that when they are here um they're given the ability to to roam the room really and then they interact with people as they people are interested with them in acting um it's just that calmness that comes with it so um we've seen it in soldiers if you will and solder six is uh we're looking to partner with for that training um so yeah I mean it' be an awesome opportunity I think not only for fire staff but you know Zach's having a bad day we can send him down there uh another question uh chief on that one um when you're taking a vacation or you're out on a leave of some sort what does the care look like for the dog as far as that does it get handled to the next full-time employee that's going to come and go or have you have you had that discussion y so what usually what happens is we give the organization the opportunity if somebody's interested in watching the dog for the weekend or for the week or whatever the case um in that capacity so yeah usually we take it within the organization and go from there okay you good Scott I guess so that's all I had um I don't have anything uh Dave do you have anything for consent just yeah just a couple of of things here really quickly um on the uh under Item B um page 19 there's an annual membership for Comfort matters is that just stated wrong is it is it more of a service contract what is that about uh that's the maintenance contract for the rooftop units and air conditioning at City Hall Fire Station 2 and the activity center and Fire Station 1 okay thank you it just didn't make sense to me that it was an annual membership so I thanks for clarifying that uh on page 30 uh for a fire department there's $2,111 for uniform badges is that is that correct the badges are are really $2,000 uh council member uh Fant yes um they were initially supposed to be $4,000 um because of some issues with the uh manufacturer we're able to get them down to 2,000 but they're roughly about $100 a piece and our old ones had the state seal on them so we needed to move away from that okay thank you um then Item B uh I don't have a question about that per se but we've got a a $45,000 change order for demobilization and I I just want to make sure that includes remobilization once we get the the ew completed and can can get those guys back to work so um it's that change order is for the demobilization and remobilization into the site um for once yeah once the aw is approved then we can carry on with the project so it should be the you taking the equipment out and bringing it back okay so it covers their their remobilization then we won't have another change order for that no that's correct the 40 45 whatever is um covers both okay thank you um and then uh my last question was under item I uh AG 100 um the uh pickup truck for the fire department at 90k I'm wondering Chief Hendrickson if you could talk a little bit more about how that'll be used um yes Council fan so the the sorry if I cut you off um the idea for that is um this was an item that was designated of the uh Capital Improvement budget for next year um we are using up to 90,000 in public safety dollars to to um purchase that vehicle the idea is that it'll be a second out vehicle or it could be a first out vehicle kind of depends it'll be outfitted uh just like our fire engines so engine 12 and engine 21 um giving the opportunity to respond to all Medicals and fire calls the only thing that it will not have obviously is it will not have any water or hose on it so the idea is a I guess a slide out bed with a topper and a C Cab for four people um so it'll also be a transport vehicle to assist with when we have new hires they need to travel to training um we have do have some uh Department expenses that relates to that we've tried to use one of the other vehicles to minimize that but that's primarily how that would be used we'd also be adding another one of these types of vehicles in the future as well to mimic the same thing here at station two and so that one on a medical call that that would be kind of your go-to vehicle first out the door rather than a truck no not necessarily it's going to be secondary um the biggest thing for me is making sure that when that first truck goes out the door is that it has all of our tools um that we have to include water often we can get duplicate calls where we have to go on extrication then I'm have to send a crew back to get that truck and then respond out um this will be an opportunity for us you know primar as a second out piece of equipment um it doesn't do our engines any good to sit in the station and of course there's the other side of that you don't want to overuse them you know down the road but we've had not enough use I think we're cause some of our issues as well from just sitting in the station thank you um that's all I that's all the questions I had on consent yeah I've got one person uh one piece just on uh item J so I just want to thank Jason for his extra work he's put in at the fire department recently has been helping a lot with some of the like fire checks and those kind of things and taking a lot of work um so appreciate him and happy for his uh next chapter in his life all right open Forum any what oh sorry all right I got a motion a second all those in favors oh Scott y name yeah yay I'm yay Dave yay yay all right 5 Z now we're open for do we have anybody here for open for is anybody online for open for there is one person online if you would like to use the raise your hand function to speak to an open form please do that now did did not raise their hand all right St consultant Council updates that yep good evening mayor members of council I don't have a whole lot of updates so to let everyone know that I will be out of the office again next week yep take another family vacation you know just it's rough life um no I'm going to I'm going to be up up north again so we'll have limited resources related to sell service but I will do my best to check and check you when are you out um next week so Saturday Monday through Saturday through Saturday for the vacation but yeah so on next week other than that I don't have anything else um I appreciate all the hard work that our staff does each and every day that I don't see when I'm not here and when I am here and um we have a great staff here so I appreciate that you better be careful and not use it all up for hard a I think he's having the other problem he can't uh he's not using it quick enough Hest he's he's losing vacation but not taking vacation Mar uh good evening Mar councel I have a couple of things I was actually out on vacation last week so it seems to be an epidemic going through city um just a couple of things um I'm going to try and get Paul Kangas at the next uh uh uh council meeting to discuss where we're at with uh the park Improvement projects that we planned for this year so he can give us an update on that um the next thing oh um the project for Dayton River Road has been pushed back um a couple of times now it's now currently scheduled for uh September the 3rd to the 14th so just a couple weeks again I reached out a month ago and they said late August early September so it was originally could be July so it's just moving down to okay that's the latest I got last week are are they just going to eventually just say a problem or what that's what I'm kind of uh I'm hoping not I mean all the other projects are moving along pretty quick and I think guys is going to be the last one and there's pretty hard schedule in there for 9 9:3 so I'm hoping that that's going to be a hard number for US G good evening mayor members of council um so we are just about done through a hiring process um we have I need to get out a congratulation letter to four people um we had some late arrivals uh normally we would not take additional firefighters this late in the game um but we're looking at adding two more um I think all but one or so I can't remember um will be going to station one um the reason for the late additions is the folks that um gave some interest in the fire department is uh both of them are fully trained in fire one fire two so we don't have that expense um one of them is Rd EMT so we just need to train one of them in ENT so was a good opportunity to bring them both on ni evening mayor members of the council um just we had National Night Out last week a great turnout we had 31 parties um we were as a department able to hit every single party um except one I believe so um that was great that we were able to make it out to everyone um thank you to the citizens that hosted and officer meline for putting it together he does a great job with it every year um and then the Magus event that operation zero that took place on Saturday um sounded like a good turnout and very well attended in the officer said it was a good time John uh just real briefly we had good conversation with met Council on Friday regarding uh development in rural areas um there's a longer explanation in it but kind of the short is that we can do one per 10 but not uh remove Land from the Metropolitan urban service area so it wasn't a great me was a good conversation because of the number of people that were involved so okay thank you yeah no updates here nothing for me Scott I got one uh whether whether it's a look for Marty or not apparently we got a little complaining that the uh brush is getting high over in the industrial area on some of the private properties namely the cubes I don't know if it is or not I don't I don't know if we can take care of any of that yeah so C salot we did talk to the owners of that building and they are aware of it and that was as of Thursday last week so we should hopefully see some progress on there if I don't hear anything or see anything by the end of the week this week I'll reach back out to them because they are aware of it um yeah they did note that they said they're not on site so it's always good to get updates because well they're trying to rent the building on so they need to have some upates so you still got to take care of it even if you're not correct y so said they just don't know they're not there so he can't can't push his landscapers if they doesn't know it's that bad so no cameras around the building not yet not yet they will it's empty nothing to steal water all I got uh no nothing for me um I had so I wanted to share recognition given to our State Rep Danny noo as the league of Minnesota City's legislator of Distinction um they recognized him for the work he did on the issues that had an impact on local units of government so just wanted to put that out there and I have nothing else Dave Dave Dave sorry Dave I'm looking at your empty chair and uh thinking you're gone but yeah go ahead that's okay um uh two things well my apologies for not being there when we booked this trip we I didn't anticipate there was going to be a primary election but I will be flying back tomorrow morning and so I will be able to uh vote in that and would encourage everybody else to make sure they find their way to the polls um second thing uh Marty um because the schedule keeps slipping on the Dayton River Road uh project we're now now it's going to overlap into the start of the school year and I just want to make sure that the school districts are are aware of that because that will probably mess up their routes at a time when they're just trying to figure them out so just want to make sure we have that communication yeah and I will bring that up at the meeting on Thursday this week to make sure that they contact the school districts to make them aware of the of the project thank you that's it for me all right I've got uh two items one is just thank you to everyone that uh came out for National Night on the police and fire side we appreciate seeing everyone special thanks for sending the uh three firefighters from our neighborhood to our neighborhood that was a a significant hit for their family so thank you very much for that um the second piece in those act said it sent it out in his uh City staff updates but I think it it'd be something i' be interested to know you know we talked about or I brought up the idea of possible term limits for commission at Eda sounds like we need two people to a majority how many people do you need three people two people to show interest in that I was wondering if anyone else had interest in having that conversation I'll entertain it thank you so yeah I would be I would be interested in having that conversation as well I guess you only needed two but I'm interested in talking about it thank you is that it all yeah so we are on to console business item M good evening mayor M Council um want to sit here as the the finance director and I'll give you over the quot the report if you have any questions please stop and ask me um this is the general fund cash balance as we show um throughout the years the last four years we try to show a general graph of what it looks like um as you can see this year actually went negative I want to make sure that everyone knows it's not because we're spending more money but it's because we approved operations budgets significantly Higher One Year and didn't have the money to be able to do it because we don't get that funding for that year until July so um when it goes negative it's because we're running on 2023 operation dollars but we're spending 2024 actual operation dollars before we get 2024's actual money um so don't be rest assured if we have enough cash we're all good to go we went negative for I think it was like 10 days and then we got we got our money on July 3rd so um the taxes won't show up in here but we did get the cash and so that means then just I can jump in right away that means the uh the clerk Finance assessing engineering lead recycling planning Central uh Central Service public works all of those funds are over the percentage right now correct but they're really not corre that's what you're saying correct should say they're over currently but doesn't mean they are longterm there are some operations efficiencies with having to pay things you know up ahead and we pay things in advance and so we'll talk I'll touch base on a couple of those just like you mentioned but um any questions on the graph overall I know that that's person that stuck out to me when I was reviewing and I said I want to make sure I touch base on that cuz everyone's probably freaking out that we're negative in cash and we really aren't so I love to see I knew somebody was and so always Scott appreciate that okay so um as as typical with taxes we don't receive those until um July um we have in the past done a 70% advance and got them in June however the amount of paperwork that needs to be done to get it two weeks early is literally crazy so we wait two weeks and wait for our money cuz we get it either June 20th or July and so it doesn't make any sense to receip it twice you to rece it one time and July 3rd and call it a day there's always July July for July 4th yep yep I don't know why it's not before June but that's just what it is I'm curious and I have no waight one way the other this but council's thought on when we do that reporting why don't we just reporting on July 4th I know technically it's I I know it's 6 months and four days so it's Q2 plus 4 but I I I feel like if it's always like at July 4th give or take a day it makes sense to have it in here versus the conversation being like it's all coming it's all coming it's all coming don't worry that's my thought at least yeah we did get it it was just over 3 million for the first half yeah to this point I I was kind of thinking that too but it's not technically six months so that's why we don't do it that's why I said I'm okay either way I just it might hinder some or put some questions to about before they even happen it just would be nice to see it but of course I'd like to see him send it out mon instead me too I think get a lot of working capital sitting on that for six months so we did get the taxes they came in on July 3rd um as basically scheduled but um yeah we did get them so I could look into an next year and just add that number in there so that it doesn't look so sure bad cuz right now it looks like we're negative $3 million and it's really not true I'm okay with that if everyone else is but like yeah we can do that moving forward and um Q3 will look much nicer but still it's not the same um okay and then uh finds and fores we have not gotten hardly any findes this year um you can blame the police department or people not speeding a little busy been a little busy there you go that's another answer and then miscellaneous dollars we get the celow lease comes in Q4 of the year so it's 30 grand and then we have not received any donations that we had budgeted for so is is that cell tower thing indefinite until it goes until 2042 it's a 25 25 year lease I think so so you'll be long on okay it'll be it'll keep and it has an escalator every year I think it's a 3% escalator every year 4 yeah minimum of three and otherwise it follows um inflation so and it they pay every year and it seems to work well so um for the expenses assessing is out is the big one and it shows that we're way over budget if you take this year's budget and double it we're about $1,000 off and the reason for that is because they charge us a little staff time when they do it so that's why we're off 1,000 bucks but nevertheless uh it's cuz we pay that once a year and then that's it uh fire suppression that one's way under budget good job Gary um and it's because we hired the assistant chief a little bit into um Q2 and that saved a little bit of dollars and also the timing of payrolls is just a little off um we did adjust that in July but we didn't adjust it in time for June so just an FYI and then number six Parks is under budget as well and that's because it doesn't really start till most of the way through Q2 when we start using Park dollar so I think so far we're on budget for almost every single Department i' be one or two are a little over currently but they will flexx over time um it is one of them that we seem to have a lot of expenses at the beginning of the year cuz we pay all the memberships and subscriptions and then they seem to lay off towards the end of the year we also spend a lot of the money related to new computers and new monitors and everything at the beginning of the year and then we wait um as C fashion has told us to do the July freeze that's we kind of do that in the middle of the year for a few months with it until we get to the end of the year figure out where we're at so overall overall we're fine I know the cash balance doesn't look great but we are almost un budgeted and perfect for everything so cash balances nothing really changed here from q1 to Q2 a few new funds popped in there police and public and fire Public Safety Aid dollars um those are related to those one time dollars that came in from the state and we you know augmented them out in the individual funds that they were received to other than that the major changes we got paid by Tiff dollars and bunch of them um as we get over and start the Tiff districts nothing major water fund we have the little less of irrigation this year been a little rainy so we don't pay as people aren't watering their yards and they still water them but not as much when it's raining every other day are we um so why are we doing the even OD thing that if we're in good shape to Second the even OD sprinkling so I do know that is because based on so when it was dry so people are expecting the rain to happen every other day and then unfortunately our Lawns take care of that and then they say okay well I should be getting rain every other day and then they don't then they Spike their water usage way up so we were pumping over a million gallons today so we did hit that again yes not until we implement it again so when we get that third will online I I'm assuming we're going to remove this because it only helps us to yeah I right I think what we might look at doing is looking at when we get to a capacity draw down um say if we're running at 75% cap capacity then maybe we would look at putting the odd even in unless we're reaching that capacity I think that that might be the way to get sure the other piece of that too is the time of day so I know like you when you and I talked about year ago you would say the biggest the biggest issue we have is that everyone Waters at the same time it's usually right when people are taking showers ready for work that's cuz Builders when they program they all program them to all go off at 4:00 a.m. so one thing that if anyone listen is out there listening is to change the time that you're your cycle starts till like midnight or 10 we could even consider instead of doing a watering band or even odod is just changing no watering you know from 5:00 a.m. to 10: p.m. whatever so people have to water overnight and then that also I think would help a little bit of that right yeah it would help um not having the whole draw down at the first part of the day and the problem with that is that you get below your you know your fire flow protection limit so it would be better if we could have it you half of them do it in the morning and half of them do it in the evening that would be the ideal situation it has got somewhat better and more people are doing it in the evening but the majority is still in the morning but the capacity of that that third pump is going to be a significant if right now we use we use a threshold of a total gallons a day once we get a million gallons a day that's kind of our threshold the same we need do o even if we need it then we need to have that capacity but y if we have a capacity thing that makes a whole lot more sense does that does that change on the we have three different water systems does that change via water system then CU that will help the the Northeast system but that won't change Maple draw Maple Grove Water Maple Grove um always have the OD even so that would be run all that time uh on yeah okay yeah they're on it based on Maple girls restrictions restrictions okay do you still have people that reach out to you every now and then about uh programming their uh U I know you were running some pilot with u um who was it um I can't remember what we were trying to get people to put in um some and then we did a program with the University of Minnesota Turf um thing um they've been turning at the open house and giving out a lot of information there and that's significantly cut down the amount of questions that I get um we do have stuff on the the website about good irrigation practices and that kind of stuff so we're trying to keep the irrigation message going out there and generally for water conservation I think that that's a good thing for us to do yeah cuz some people have new established lines where they might need a little bit more but than those ones that are established I mean I think you were telling me like two inches a week or something like that was kind of like a figure that you were using I think the inch a week is what they they need to maintain a healthy lawn and and shrubs and that kind of thing it's just an inch week is lot of people don't once they're established they don't go back and adjust that's what I'm saying it's like yeah yeah they just kind of leave it as is but that's just money there it's the more you yeah exactly to that point when they first set up they some have to run twice a day yeah I'm like yeah you want to mow four times a week no yep cool that's good to hear so yeah any other questions on any other funds that we have here I not a few of them obviously Sor we're kind of oh no you guys great fine good questions got nothing okay no I'm good water fund we'll touch We Touch briefly on it again but we'll touch Bas on it again essentially we only have I do want to make sure everyone knows we only have two building Cycles in this time frame so we only have March and may that actually are four this year so two building Cycles but we have six months worth of actual expenditures so uh it does look like our sales are way down below our actual current expenditures that's not actually the case because again we bill in July again so if you do this to July 4th or July 5th you'll probably capture the fact that we're going to have another billing cycle in there which will be three billing Cycles or six months worth of um sales but and typically our highest usage is always in the in the summer months as noted before so nothing majorly changed we don't have any major repair and maintenance this or um repair Mains I think that was related to yeah that's true uh I think that's related to the wellhe treatment plant so have questions on the water fund overall I said same thing with the sewer fund only have two bilding cycles again again we haven't had any major repairs and maintenance this year again knock on one um but everything's kind of status quo and the sewer and water funds and the major thing that we always change every year is the Rel to irrigation and water usage and so far this year's been low based on the weather comments questions concerns complaints so I don't know if you got if I missed when you went through this but that you you did have in the packet anyway um a breakdown on how our investments are doing and I don't have any questions about that per se but I I've kind of picked up on in the community that there's some confusion um perhaps that that we can invest in anything we want to with with the money we have on hand and maybe you can talk a little bit about the limitations on on where our money can be put sure yeah it's not in the packet and I don't typically share it on there I'm happy to add it as a slide if you'd like to see that more often um but cities and governments are only allowed to um invest in certain types of um Investments basically or very very safe ones essentially we get CDs we get Municipal Securities so investing in other communities that take all bonds um we can do agencies or they're basically backed by the federal government so you get a $250,000 limit and that's all you can do um and if that bank fails or that agency fails we get paid by the federal government for the FDIC insurance so we get limited there and then you can do some so um money market basically is what you get the main four that we end up in and money market is a conglomerate of dollars associated with different banks and again they put it in we put it into one fund and that one fund takes it and splits it off into a million different Investments and it's all related to the same things but then they conglomerate the money and say you get X percentage back and it's all backed by FDC Insurance again so the two things that are not backed or CDs and Municipal um Securities but those are typically backed by government tax ation so like eight um municipal bonds will be taxed taxation so if they are not going to make their payment they'll tax more so it's make their payment um or like I said they're covered by FDIC insurance so we have very very limited ones we can't invest in you know United Health Group or Amazon or anything like that because if it goes down at all essentially we have to have it very very safe they have to be doublea rated or higher and the Moody's or S&P so we can't invest in any single a Investments or anything like that that that are you know smaller communities or um things that aren't rated really high so essentially we're guaranteed our money back on everything we invest in um there is very very few things that I am willing to rest invest our dollars in that are even risky at all without you know knowing for sure we're going to get a decent return back and right now we're earning four and a half or 5% interest rate on almost everything we're doing and it's guaranteed so um it might be a little lower in the packet but that's because we have some investments from um when we were being managed by a u money manager and they have lots of little bits and pieces in these little tiny percentages that they would go really really far in everything we're investing in today is roughly between four and 5% so so that's a 3.84 in the packet I could be corre yeah so as we've gotten if you look back a few years it was probably right around two or so but that that time that was a good interest rate and now I'm trying to push things out for years in advance so I think now we're investing in 2027 or 2028 based on the CIP and the longterm plan cuz we're guaranteed that four or 5 per interest rate for that many years and we might as well lock it in for 5 years if I know for a fact we're going to get it 5% for 5 years that's I could play the market and do pretty well so but they're all guaranteed and back by FDIC insurance or an agency itself very very F very very safe any questions good question though I appreciate that question no thank you for that so no on the Bitcoin then uh negative on bitcoin although we could have made a ton of money and a little bit at a time but it could lost it could have lost at all exactly thank you very much okay any other questions all right we can move on to item n um Ed am or who's doing that I'll take that one yeah so mayor members of council we have the Ed resolution in front of you I know that um attorney Amy Schmidt was able to rewrite that draft based on what was being presented by Council we do have a public hearing tonight to be able to adopt that so we do have to open the public hearing I want to make sure that's noted as well MH um other than that Amy and I will stand for questions if you have any but this is based on what the conversation was two weeks three weeks ago yeah um and then we posted it and obviously we're going to take the feedback and then pass it later on so okay um and then so there's two resolutions the first resolution is the um a adjustment or basically passing of how the Eda is H today the second resolution which you do not see before but it is now is appointing the members to make sure that they are still part of the Eda that they are today essentially just keeping at status quo with where they were at their terms and everything else but we do have to appoint them technically because you are changing the right um what the status or whatever the Ed is so you technically have to reappoint them so that's what the second resolution is that's why there's two um public hearing first yeah well I don't so so um well the only the only issue I have is um the the uh the appointments yep um two of them I think are incorrect to where they're at today uh Luther and um uh I think it's pronounced Peralta Peralta Peralta Peralta y yeah because that it shows let me get back to the minutes it shows that they're doing 25 and they they just got in not 22 that one it was we back I thought it was like a 22 appointment for those not the dates that were listed on the Eda page on the city's website so okay no they were appointed in 21 were they really Sean's been there that for three years okay I thought him andal I don't know if I've appointed anyone to the Ed I've been here really I don't I don't I could be wrong I don't have the braid memory but I don't think I have yeah they they're foure terms they should be sixe term six years yes that's it should be a six-year term that's how it was set up so no so here's how requires to no there was confusion supposed to be sixe terms however in the bylaws passed in 21 there is they are successive terms but they get longer as they stay on longer so they were listed as four years 5 years and then six years based on the bylaws so when you first got elected on there or got put on there they were supposed to be for four years and then if you got reappointed then it was 5 years and then he got reappointed it was six years so I believe huh that might have been corrected after that but at the time that was what the bylaws mentioned and I think that's because I thought that they had lost track of I remember that discussion yep I think te we had lost track of when they really started and so that was the agreement we were just boom boom exactly that's why they were four years that's why 2 the concern I have is then we got three people up in 25 and that just seems yep wrong [Music] um so I don't believe you have to talk confer with Amy um but I believe we can adjust that resolution we can yeah based on a motion shouldn't we shouldn't we see if anyone wants the extra time before we do it though I hate to sign some up for the year they didn't know they were sign up for in all fairness to them they can always resign um yeah but some people take you know if you just have to do something you're going to do it so some people take that little serious I I I'd rather fix it if it was me I'd rather fix it at the time when their current terms are up and fix it then if we need to fix it well then we got three people up in one year and I don't want to do that I don't know what does everybody else it's three of five right so three of seven well I don't count the count counil ones cuz those are kind of up every year every year so three of five are going to be up one one's one's up next year uh let me at least get to the yeah Jack's up in 24 Tim's up in 25 Sean's up in 25 and Juan's up in 25 yeah there's three and 25 and then in 24 and yeah yeah like I said it was based on the time that they got pointed to Eda at the time that b when the bws were written of four five and six years and they were considered successive consecutive terms but when you first got appointed the Ed it was mentioned that you only got to be on there for four years which is why they're all in 25 and then if you got reappointed It's 5 years and then you get reappointed again it's six years and there's still an opening right there's still an open yes now with the adjusted resolution it would be automatically six years and everyone's at six years right yeah but we should stay for them so they come to I agree with the mayor that they shouldn't all come to at the same time if there's a six-year term there's five people on there there should really be one a year I I don't disagree with that my point more or less is these these people were appointed till this time frame I would say when these three come up in 25 that's where we say we've got a seat that's open for four years one seats open for 5 years one seat for six years make sure when you apply list know which one you're applying for and then go from there it's all different than we do for city council when someone leaves midterm true Mr Mayor if I if I could help in the statute the way that it's written um when you're establishing the commission or the the Commissioners for the Eda um it does call for um a staggered appointment so if you wanted to do that you know so you would as has been suggested that you would do when you have the three come du in 2025 and you appoint new people one of them would be for a four-year term one of them would be for a 5-year term one of them would be for a six-year term until you can get everybody all of the seats on a six-year rotation so they just kind of pick what block of time they want to serve you're saying kind of ask per say when we get to that point they pick which one they want to apply for they know what they're choosing when they lot is they would be you know one seat would be for um you know until 2029 one would be until 20 until 2030 and one would be until 231 um so what I'm still confused about is that this that goofy staging thing that we did that was before um Luther and before PA one yeah and uh so they should have been six years that's they should have been but by the way the bylaws are written and again in 21 I I was not in this capacity I was the finance director is that that was what was chosen it was a four-year term so we can adjust the the resolution as it's written um I don't disagree with you I'm not trying to disagree I'm just try it could come back to your next meeting for you to approve and that way as council member trro suggests you could talk to somebody you know one of the members so they are okay with a longer term I'd rather just let these terms end and then when they end if they if any of those people choose to reapply they then de sayate whe they're applying for the four- year the 5 year the six- Year term and let them choose at that point in time how long they want to St on cuz a lot can change between now and the end of next year too and they could say yes now and change your mind so I don't I'd rather do it that way personally I don't have a choice I don't think it matters 61 didn't Scott or Dave do you have any uh no I'm a I think we I mean the H having three come up in one year you know shouldn't be the plan um how we fix it I'm not as as concerned about I guess but that we other than that we should I did flag something in the resolution that had me confused and that was under the uh 2.2 where it talks about terms and it says under a it says six year and then four year and then six year again and I don't know if that's what that was trying to address or if that was a typo um but it seems like we've got to fix something here yeah I I mean we can I'm okay with table in it before we and talking to these guys to see if they want that's just for resolution 3824 correct that is for the member y yep yeah 2023 2024 yeah and what I was referring to was in the the first resolution yeah I see that was page 117 of our packet under 2.2a it reads the County Commissioners shall be appointed to a six-year term foure term shall commence yeah that's a typo apologies it should be six okay well if we decide we just want to leave it as is though and just have those come do and fix it then we can just approve it tonight and deal with it two years we don't have to saying yeah agree agree I would say no but sounds like we got three here that want to do that okay now we're picked in if you're done I've got some questions too I just want didn't want to interrupt CU I think you start um yeah no I think I am good okay go ahe okay thank you I had some questions and and maybe one of them was uh a thought was on 4.1 I think it says that the city administrator will be the get to page here director yeah is there a reason it's not the the community development director because the community development director would directly be working with the envir the economic development agency that linkage seems better to me than the city administrator um generally it's a city administrator so I mean there's other cities where it's done been both but from my experience the majority has been the city administrator well my concern is Zach is the finance director and the city administrator she's already playing two hats and part of what I hear from is I'm I'm busy not that you're not but I'm busy so I think freeing him up from that meeting allowing you to run it to me makes a little bit more sense both from the use of our staff time as well as I think there's some syncrasy there that could be beneficial so just I don't know any those thoughts on that um okay um and then in 5.3 um for Powers related to um purchasing property I didn't see anywhere either in that that area or in the section six that talk about how that has to be approved by city council did I miss it or I may have it's very legal ease so I'm not fluent in it but I didn't I my understanding was in order to do that that would have to be approved by the city council I think so because to sell property has to be approved by the city council I would think the purchase property also be approved by the city council a public hearing is required and Council approval for the sale correct wait where are you seeing that so that's in section six I believe it talks about the sale but the I'm looking at you're looking at Acquisitions right under 5.3 property rates 5.3 yeah 5.3e I had a question on 5.3 and when I read six it says that even though 5.3e doesn't list it under six where it says I forget what the title of six is limits of power it does say in order to sell a property it needs to be approved by the D city council with written resolution right yeah y y That's So selling property requires City Council approval but purchasing property the way I read this unless I'm reading it wrong Amy does not and I feel like it should be consistent and so I feel like the city council should also be proving the purchase of property as well as the sale of property if you if you want to add that we can certainly well I'd like to know that the so I'm confused because M 5.3e clearly states that they can sell property and they can buy a property but then further down in six y you see that part I'm just at some point what could is a is a Eda well this is the conversation I was trying to have last week which is we've removed all the authority from The Economic Development Authority and put all the authority in the council and so they're really and this is where maybe I'm just trying to clarify some of the the later comments I know Zach heard and some editorials I found online about maybe my reason for doing that the reason for doing that is I want to call what they are and if when we talked U two weeks ago whatever the time was like we last talked about this the idea was that yeah they'll have power but everything has to be proved by the council anyways and so we can call them an authority that's fine then it's just a name but I want to make sure that whatever's in here is then fitting that the that the city council is the one approving these things when I when I am when I uh um bought into that that the city council still has power that's we can change these bylaws we can change the the the we can change all this stuff I didn't mean from that that we would approve and every every property purchase they make or every property sale they make that that was not my intent I don't most edas have the authority to P to purchase and sell property outside their their Council it it varies from City to city and from circum you know what it's whatever the council puts into this enabling resolution the powers that the council gives to the to an Eda and know say that some edas are the council so then that also dictates what going there that part would make sense but then it also dictates on that as well yeah they may actually not do that because more work than it's worth exactly David do you have any thoughts on this sorry I had to get myself off of mute um well I guess it was I missed that piece where it said where it related to purchase a property I think that it needs to be consistent if we're going to have the council approved sales then we should also have the council approved purchases I do want to clar or NE or neither I do want to clarify on 6.1 on F it says a land sales policy so the Ed is going to develop a policy and the Eda will submit that policy to the council but but that does not mean that the council approves land sales based on 61f yeah I know I got that yeah so that's not approving the sale of property on 61f that's approving a policy of how they're going to handle land sales yeah I'm still looking for it where did it say that we would approves and maybe that's what I was reading was that the date need Dev land sale policy I assume that was like selling a par of land no that's a policy on how they handle land sales or policy of how they handle yeah so that there's no there's no contradiction there the 61f is just the policy of how they're going to handle their sales five is where they have the power of acquiring and selling that's clear so that's helpful thank again I I started with I don't speak legal e so thank you for that that's that's helpful um and then well and I'm I'm sorry to interrupt but I would also point out that in in E it's only the sale of property owned by the Eda not owned by the city oh yeah mhm correct so we can we could the council could move property into their you could deed property over to the Ed correct but but yeah they can't they would have to get uh council's permission to sell City owned property not Ed own cor proper and is there a reason we struck e and I from section six everything got relabeled but on page 123 both e and I were in red in their struck was there a reason we removed those ones EU was redundant okay so I just got rid of the the D there was a lot of conversation I just couldn't remember okay and then um I didn't want to say the same thing twice and then I was one of the ones that if you see it has brackets around it originally um that I had a question about and whether how and in the discussion that you all had before um whether how it reconciled with a provision in another part of the of the Okay resolution and the way that you decided the other part of the resolution this became unnecessary so I just Struck it okay just out of curiosity what was wrong with the word resolution instead of capital resolution I'm sorry what all throughout here you have the word resolution was capitalized capitalized because I'm talking where I talk about a specific where it is referring to a specific this resolution as opposed to just any random resolu title it is the resolution a proper name yeah got it okay the more you know the only the question I have is is if the Eda was looking to purchase a property develop it somewhere where where the city council wasn't align because it would stop other plans the city had do we have any way of finding a solution to the that that that this on the city council side so let's say the city council's thing about put in a road somewhere and Ed just buys that property and puts up a Works developer to put up a strip mall or something oh there going to a lot time in between quickly I mean I think most of the time an Eda is is kind of implementing the vision of the council and so it kind of there there is the way to work together um especially here since you have you'll have two separate bodies um um it's a little bit more straightforward when you have the council serving as the Eda board um but here where you'll have where you have the two separate bodies I mean it's just it's a matter of cooperation um you know once all of this is resolved and they you know appoint their their separate attorney um you know I will work with that attorney to kind of deal with the how how everybody kind of works together so I think that would be become very clear very quickly pay attorney Fe tce also um speak to the fact that the Eda is obligated to align its activities with the Strategic plan or the comprehensive plan okay that's correct yeah so those are the notes I had in the resolution itself so thank you for that for clarifying those I really appreciate it okay are you good M uh yeah did we want to change from City administrator 4.1 to community development director I don't again my concern is I talked to Zach on a weekly basis he's telling me that he's busy and that's just more time that we can give him back and John can take so it allows us to help him delegate some of that out my only concern was it's it's out of the ordinary but um I me the only comment I would have there is that that was brought up in one of the meetings here just recently and I know there are members there that prefer to have Zach as the but What on help me understand more of the conversation on that and why we ended up with zap because they just know zap better and John's new or just because it's always that's how it's always that's how that's how it just started since you took over the role it's just but we didn't have an economic development adviser then either just we've always done it that way isn't a good enough reason to keep doing it I'm not saying that but I'm saying that that's yeah that's why that's who they prefer to work with now they say that not ever work work with John so well again my point was like I I hear what you're saying I don't know if that's a point to make me change my opinion to say Hey listen they sure you know we may enjoy working with jamama but we're stuck working with Zach so it kind of is what it is you know yeah sorry I see the cohesiveness that you're trying to yeah bring towards it but yeah I mean I'm not I'm not opposed to having that change either you don't for see any side effects that matter from a legal standpoint no it's up to the council who they want to have that in that role it doesn't matter it's up for the council doesn't matter doesn't matter one bit I'm here doing one thing or I'm here doing another thing and I'm here I'll work longer you won't be here next we it will not be is there an ed meting so next week There's an ed meeting there you go it'll be their first time that be good to go okay so we want to it sounds like um we're looking at changing that one then did you capture that any okay um so the motion will be to um make that adjustment this a public hearing are we okay to I will open the public hearing um and anybody here is anybody here that wants to address this anybody online um yep so there are a couple individuals or individuals online if you like to address this item this is where would you please use the raise your hand function quick can you raised hand there are no raised hands currently he's not there huh no raised hands all right I will close the public hearing on item n um there was a chance right there I need a motion in a second so we can do these all in one fell swol Motion in a second on resolution 37 2024 and 38 2024 with well go ahead make somebody make a motion I'll make the motion to approve it with the changes that we noted which is the only one we noted is 41 right yeah all right I got a motion need a second I'll second it okay any more discussion okay we'll have a vote Scott yeah or name yeah that's fine yeah Travis y I'm yay Dave yay yay all right 5 Z on that gu okay now we're up to item o cannabis moratorium may members of council um Amy Schmid's here to talk about the can moratorium this is something that we're going to look at putting in place for it's a temporary one obviously till I believe the end of the year when it becomes um legal but um again it gives us time to be able to put some zoning things together and some city code together related to it and you will see that in future meetings if this moratorium is put in place you know you'll see it and um I need a motion in a second what we saw is what we got that's right so no questions no questions no question all right I'll open the public hearing have any questions I was ask yeah I I do actually um so this is this moratorium is pretty Broad and I just want to um get some level of confidence that because it goes till January 1st is that correct that's correct that's correct great so is that is that realistic that we're going to have a framework um that we can review and and vote on uh prior to that time do we even know all the rules um um mayor members of the council um January or December 31st is the limit the statutory limit for the time you can adopt a moratorium for um under the statute it'll automatically expire on January 1 y yeah so mayor's M Council I know that um John is able to take this item but he is working currently on an item um with our uh new planner 2 um Hayden and he is the one who wrote it for his previous City or helped out significally with it so we are going to use oh all right so it's probably our we are we are utilizing his Services sweet and be able to hopefully help us do it again okay I don't know John can see answer any questions related to it y either September or October oh you'll have something for us at that time okay is that good Dave yeah that works for me I just didn't want it to be something that we were planning to work on for a year and put a moratorium in place that doesn't cover that time so that sounds good to me we've been working on this since middle of July trying to get this thing moving forward so well for yeah while it was kind of a moving right uh I say they stead fasted the the time frame didn't they they closed the window up on correct yeah that's what I thought so just for the just for cultivation okay so and then I want you got to start somewhere got start he's online if like to raise your use a raise your hand function if you'd like to speak at the public hearing for the Canabis moratorium all right I will'll close that one need a motion then a second for ordinance 202 24-12 Mo I'll second any more discussion all this up Scott are you in favor or no hi Travis hi M and I Dave hi hi all right 5 to zero on to item P evening mayor council here to speak on the related to Magnus request of wa W fees again I SP spelled wave drawing I fix it in item q and forgot to fix an item P my apologies um but they are looking to have September 7th as their um annual friends and family for Magnus and to have the fireworks permit in the large assembly permit waved total of $160 that doesn't include time though right that's just the that's just the permits I was hoping they were going to be here I had some questions for them actually but they're not um so I guess when we did the fireworks I've been thinking about this since the last fireworks one that we approved a couple weeks ago for the one that happened this past weekend um Scott you made a point I think last year when we were looking at fireworks and LC Stevens on that Friday night before date and Heritage day is that like a budget firework show decent one you can get for like $5,000 right so I guess the event will happen whether we approve the fireworks permit or we wave it or not um and I think if you can afford a $5,000 fireworks so you can probably afford the 100 bucks for the permit and 150 bucks to have I'm guessing to have the fire department there for the evening so I I'm 100% fine waving the large assembly permit fee it doesn't bother me one bit but again I think if you can afford a $5,000 firework show you can afford the 250 bucks more for the permit and everything else so that's where I'm at on this um I had some other questions too I've got some people in my community and in my direct neighborhood and then others in the community that I heard from um that a lot of them actually our veterans that have PTSD in the fire which really set them off um and so it takes a couple days so I was I was wondering if Magnus had even thought about things like a laser light show or a drone show or anything like that I mean heck Disney's doing drone shows and they're drawing huge crowds for them um and given that their their sole purpose is physical mental and spiritual well-being of of veterans I just thought that may be something they might want to consider so I I'm assuming they listen to these I don't know if they do or don't but um it's also the second fireworks permit in a month I think so it just seems like a lot so that's where I'm at on item P I do want to clarify that the fireworks permit includes the time do but so it's only the high bus correct uh you mayor members and staff or Council quick question um so the permit cost is $100 and that covers staff to go out there okay right but my question is from a budgetary perspective as I'm budgeting nor no different than Paul or or Marty um for my operation zero costs for six firefighters one fireworks permit an engine a rescue and another rescue a chief vehicle and if you put my salary in there really have it an expense of about th a little over $1,000 just to make it an understanding of the total cost to the organization so I just bring that up as a matter of information so then a question Gary you had seven firefighters at this event we had six counting yourself seven including myself correct you were there too yes is then then is that Overkill as far as I mean I don't know I have no I I wasn't there so the whole thing only lasted 9 Minutes yep yeah Grant so I don't know that that was $55,000 not not that that four five3 it doesn't matter yeah yeah yeah yeah I saw 100 bucks and I was like listen if it's 100 bucks we could it I don't think it's going to stop the event from happening which has been the I think the argument before is I think it'll still happen and they just had one last weekend so I don't know if they need need two in a month that just seems a bit excessive and you know well it clearly affects the citizens of our city as well and I'll also add horses cows and other animals too tend to be affected by large bangs so uh you know it affects the our rural feel a bit too in that aspect yeah no matter what we do with there you're not going to make everybody happy no matter nope and I'm not trying to make everyone my point is they just got one two weeks ago I don't know if you know one's necessary and if they if they want to pay for the permit and they want to do it I'm not going to stand their way and I won't say no but I just don't see a need to wave the fee and the cost for the fireworks per so now this is this is coming back to the next item also this is all all coming together here we're going to be doing the same thing on this one that we just did this past weekend because you're going to have all your time in there too right Paul I mean all the same costs for this past weekend again yep are here again yep so my my point is what happens if they end up having four or five of these every year this is the point I was trying to get to it the last meeting but everyone seemed on board with going forward with it and it was a good cause so I was okay with it but I just again if they want to have the large assembly permit I get it and I understand that police cost time and I understand that they may not have the event if it's not donated but again I think there has to be a point in the time where draw the line in the sand and say we're we're here we're supporting you but the city is not a place for tax dollars to go to charity the city is here for tax dollars to go to taxes with we help out a little bit which is why in my budget I put a dollar amount cuz I figured hey at least if we have a dollar amount in there when it's gone it's gone and then it's like nope we budgeted $22,000 it was gone in June sorry it was gone you should have come in earli and ask for it kind of thing the only thing I say there then is we have nothing if you start doing all of that M then all of a sudden the dog I mean the dog just say it cost 10,000 bucks that's not charity though I know I understand it's not a charity but it's still costing the resident something now and I'm not critiquing it where I'm going with this is if if we as a city have just say we have 10 events and each one of them EV events cost realistically I think buns uh Heritage days that all probably cost as a ballpark number $3,000 worth of uh time with Heritage more than oh Heritage days alone is got to be 10 $110,000 extra for Heritage days in time and lb well then on then then with that too then comes in I mean once once you start critiquing all that time National KN out costs big money too I mean you got every firefighter and every police officer out there but National Knight goes out directly to the citizens that are paying for it it's not a charity event it only goes to who shows up to National true it does but everyone everyone has the opportunity to show up and if anyone D feels they don't they can reach out to me and they're always same thing about all these events not when they're well first of all some of these events are pay to get into so it's not same sure yep it's not the same as as we discussed but they also aren't City sponsored events and to me that's it doesn't matter whether City sponsored or Not That Matters zero not that doesn't matter because it's still tax dollars paying whether it's City private or whatever it's tax dollars are paying for those guys' time again my point is these things cost money and if we're going to critique the budget down to $22,000 like we did last year this costs money and we can't just say it doesn't cost money as my it does it does but do you think money my question would be and I didn't do this I was going to do it just for this purpose my question would be if our resources are costing it just say they cost 50,000 bucks for the year sure and I don't know if that's valid number or not we're not tracking that's $5 per resident I guarantee you every resident in the city would pay $5 to have be at any of the're they're free to be at any one of these events they're I mean they're they're they're welcome to to go a lot of them are free yes I do agree would think that they would pay that five bucks yeah maybe they would maybe they would they would I just don't see that as a function of government that's my point is is necessarily like a core function is to be donating to these causes I'm I'm fine doing it and I've made that clear I'm fine doing it I just want to put a budget on it on this one in particular I'm fine with the large assembly permit the fir Works pieces where because they just had one two weeks ago yeah to me you could say Magnus you get two of these events a year you get all I mean you got to limit it at some point have 10 of them yeah I I don't disagree one bit and that's why I think next year we put a budget in place the dollar amount that says what it is for this year and for this one in particular I don't mind the large assembly permit that's fine I know we got to pay the police officer time my other and I'll get back to the police officer time in a second but the fireworks piece if you can afford fireworks you can afford the the permit for it and to have the safety measure there in place for it I don't have a problem with 100 to it seems like a no-brainer on the police side what I did find out and I want you to correct me if I misheard you when we were talking this Thursday is that the we don't always have police that volunteer for these so we're forcing police a mandatory overtime that they don't even want to be working the event to go to it in some cases and that's where I get from a mental health capacity for our officers that are already working long shifts on and off and these kind of things forcing them if this is if I heard you correctly if we are forcing them to work additional shifts that weighs on their their mental health and that's also where I have a bit of a concern on what we're asking from our from our police officers operational things yeah is it a requirement that police is there it's not necessarily you don't have to be there uh for Traffic Control we do yeah they can't do their own traffic control on the county road right they can't they I mean they drive in a Big Field well they can do the traffic control on their property they just can't do it on the county road yeah if they want they want to have people stop traffic got to be got to be it's got to be so I I do have a concern around that if if we can I don't know if we preliminarily approve these and then if Paul can find someone that volunteers then it's good to go but I do struggle forcing people in overtime not just because they cops but in general I do like I everyone I know it's been forc overtime hates it they hate forc overtime so um but I think from this perspective given the the stressors of their job already I just have a hard time forcing them to continue to do more more of it if they're not volunteering to do it if they want the time like I know you've got a couple every time I tell them Yep this is great I want it it's awesome I set up every time I can I'm all for that I have no problem with that but I think we need to be aware of of the stressors we're adding to this it's not just the not the cost of the permit and the time it's also the wear and tear on the officers and you will lump into that um our Activity Center events sure have no problem with that I have no problem being consistent that doesn't bother me one bit M especially when we're when they're asking for one and a half officers a year and we're not will and always give them one and a half officers and we're making them work overtime on top of it it doesn't it seems like we're speaking out of both sides of our mouth and I'm really not okay with that so there are a few few of us that might disagree with your characterization you're you're welcome to to disagree but that's what we're hearing from them and what I'm hearing from the city administrators is these people are being forced to work over time that they don't want to work we I I wouldn't say there like not I don't want to work but it is mandatory overtime for somebody whether it's one person is required that somebody works overtime it doesn't mean that you don't want to be here some of them don't some of some of them some of them do some of them don't I was very clear with that I don't know yeah maybe they all want to be here I don't I so are we factoring this in there when when when our Activity Center does four or five events are we we're going to have to if that's the way the counil wants to go I mean Practice What You Preach I mean should definitely we don't right now currently pay those out of the activity center budget they just come out of no no what I'm getting at is if the concern is that we shouldn't you know have officers there we have officers there the concern is we have officers that are willing to be there not forced to be there is my concern oh I I get that um you know that there's no problem if they're if they're volunteering I agre mayor and members of council if I may quickly um for me it's really about if I can get the staff to come I can't force them to come we always make the request as long as we know in advance but uh so far um to include the friends and family one for Magnus we do have staff but I can't always guarantee that okay I just want to be clear did I Mis did zachari mischaracterize anything in that my statement No we put it out as mandatory over time good to know so if there's more I'll make a motion on this but I don't know if there's more discussion before I'm motioning does Dave have anything yeah Dave didn't say anything yet Dave you have anything to say here yeah well think about a couple ways and I'm not uh not as concerned about the the budgeting the overtime piece because to be honest we do that anyway you know uh both of the Chiefs bring forward a budget for salaries and benefits every year and it's based on last year and anticipated increases in cost going forward so it's already in there even if it's not its own line item and so we we have approved this kind of activity just generically because it's part of the overall budget um the piece about the the 100 bucks for the the fireworks permit you know I I guess I'm I'm okay with collecting that because I guess to Matt's point you know it's a significant cost to shoot fir works and um you know to have some uh fire department review of how they plan to do that and what safety measures are in place I think I think that's fair to ask for that expense um you know the other things you know as far as fire response and and traffic control and stuff and that's that's sort of Public Safety that that we should just the that we have in our budget already and and that's a service we should provide because we'll be there for the train wreck if it happens um so it's better for us to be proactive on that kind of stuff and so I I think that um waving these kind of fees on a caseby casee basis is I'm I'm okay with but if we wanted to charge the $100 for the fireworks permit I'm okay with that too where do you what about the mandatory over time piece well I think a lot of jobs have mandatory overtime so I I think that's part of the role I'm um you know I am certainly sympathetic to everybody having a you know a work life balance but if if there's a disaster in the community then there's mandatory over time there's there's lots of ways that that comes into play so I would say that's that's less of an issue for me mayor and members of council if I may um from a budgetary perspective um it would be helpful to know um how many events we may anticipate to do and granted we don't know all of them obviously because they can come um from whatever organization that chooses to pursue the city for a donation request as it relates to the staff and whatever else um I do budget appropriately based upon the public education events I believe to take place within the community but I'm not always planning I guess I need to increase my budget then to accommodate the additional public education events outside of the normal ones that I would typically see just as a a matter of statement so I don't know where everyone stands and everything but I guess all motion to approve this with approve the large assembly per perit fee be wave not the firework permit fee on the assumption that we can get a police officer to volunteer for the event by volunteer I mean they'll get paid my qu my question is how then if they don't volunteer we're going to charge the large assembly permit well that's the events can happen matter going to happen either way yep yeah if that's happening no matter what so that's why I'm trying to make sure I understand what then then I'll just motion that we we we approve it we approve the waving of the large assembly permit um although I do think we got to figure something out around the overtime piece I don't the how it works in the future yeah so you're waving the large C permit not waving the fireworks permit correct fireworks cost will be paid to the city if the fireworks happen yeah I'll second that motion okay okay any more discussion mayor I'm just because sorry I just want to clarify so when Council considers um donated or whatever you would like to call it the permit fees I just want to Circle back again or should I be looking at as I indicated for operation zero I had about $1,000 cost in my budget should it should that's something the department directors you're looking at from a budgetary perspective as we continue to move forward then the only question I would ask you there Gary is is it necessary for seven firefighters to be on on that bill that was the question I was an ask to I mean I mean that's a lot that's more firefighters than you had to try to save that house I mean cuz I think I think when we had the when we had the I don't have any control over that but I don't disagree I think when we had the fireworks LC Stevens last year it was I think it was you I think were there more five five had five or six there too the bigger issue that we get into in this case we did didn't cuz um we had the space at uh Magnus the the 300 the the circumference of the distance that we need when we launch fireworks often we get Mission creep and what I mean by that is the audience tends to move closer yeah to those scenarios so therefore we had to block let's use LC Stevens I sat in the tunnel so no one could get there we had other people watching the block or the paths as well so to your point Scott your question is um six is a good number um to make sure that we are ensuring the safety and then if we do have any issues which I get 99.9% of the time we do not have any issues with fireworks however as of recently across the country there have been so again it's that insurance policy if you will that's my business um so I'm just trying to figure out budgetary budgeting appropriately so that I have what we need regardless of Council chooses to move forward with whatever the organization is my only my only suggestion there would be to have like two guys on because I mean like you just said 99 point and you never know when it's going to happen but we could have a tornado in 5 minutes and we I mean it could happen we we have a different philosophy Scott without a doubt as on how to plan and I've got a big vision of I've got to make sure that it's covered I mean that's just me how many people does it take to run one fire TR four do minimum be if we're talking a fire oper should be how much does it does well one person can run a fire truck drive yeah but if you're responding and before it pulls out of the garage how many people show up you never know you never know we send four four yep okay a minimum yeah yeah so I minimum I would expect that if they decide to move forward with the fireworks that they are required to pay the $100 permit fee plus the time for four people to be there so my next question C Tris is this is we have a fee schedule based upon particular apparatus so to be clear and my $1,000 cost so everyone understands is that an engine is $150 an hour a rescue is $50 an hour a cheese Val vehicle is $50 an hour in this case my calculations is for two hours for Magnus if if if that happens you might as well forget having any event in this city I'm being realistic in my costs I mean you might you're just killed it all because then it doesn't matter whether it's City sponsored or what the taxpayers still paying the bill private they're still paying the bill and every city donates time for these yeah I I also don't know I've been talking this to some of the neighbors I don't know how many cities have more than one fireworks like it's it's normal right like I lived in K rapid for a while they had a big Fourth of July fireworks that was really the only fireworks show that went on K Rapids a year MH and K Rapids is a big City compared to us so do we need two Fireworks shows in a year or three or four or five like where do we draw the line I don't know I just I I it gets this is where things get difficult is cuz like we often compare ourselves to Champlain and how many I never do I know you never do you compare shepher all the time um but they you know they have what one father henin days is way their big firework show I don't know if they have another big firework show in the entire city of champon the rest of the year I don't know if they do they're baned sh EV like that city city or not City my point is even I was inid City or not city has anybody else asked to have one I don't know I thought Champlain just had one not long ago but I I think that the the thing that sticks out is the fireworks it's expensive all around it is um given that we are wanting people there um you got to have a a rig there they're paying four grand or whatever it is it's it's definitely an expense um I do think that we we we're going to have to come up with some sort of guideline or something that kind of controls some of this stuff um it just needs to be consistent as Mar my point I mean if magnet tomorrow were to say we're going to have and they're not they're going the other way they were going to have you know five events all summer long that would that would kill me and I I met with them and they made it very clear they weren't planning on really doing events at all because they said it's better for us to work with corporate sponsors and they said these events are incredibly draining on our resources so I was surprised to see this one at all especially after I think the operation 01 was having someone else come in and put the resources in versus them so this one was a bit surprising to me no this this one I think they'll they'll still do well with this one is really going to be you're going to see the last one wasn't so much um local people um there was quite a few local people but I think this next one you're going to see a lot of people in the city there mayor C want to make sure that you understand we have in the fee schedule but we have never charged out for any fire or vehicle time we have that time in there to be able to respond with insurances I don't I don't think last year we approved a single fireworks permit wave or anything like that I I've been thinking back since I've been on Council but even if we did if we didn't approve the waiver like you don't have to approve the waiver the fireworks permit still gets approved they pay $100 we don't charge them for any other time right yeah we we need to if you would want to do that we need to change the fireworks per from being $100 to being ,000 right and now you covered your cost you cover your Fe and this is all what's uncovered in that cost you shut up correct exactly so um but that's that's the point why right now it's being waved as being waved but just because it's not being waved doesn't mean it's not being charged only $100 because I'm not charging over for Gary's time and right itself unless it's for an insurance claim then it's then we obviously that's what we have it for at least currently but which as a side note have we pushed that way yet what do you mean the insurance claims um if we have any we have okay we we just invented this vehicle thing this year so it's not like it's I know for the longest time we we didn't we intentionally didn't look at Insurance any recovery there yeah we will if there's some there's if somebody requests it it's duly obligated to give it to them so where are we at on this one so the motion on the floor that I have is for only um waving the large assembly permit but charging the and I have motion and a second that was made by motion Matt second well I thought okay hold I thought waving the permit would also mean they'd be paying the fees in associated with the time of the fire department to go there that's never been the case that's never been the case so moving forward and once we go down that rabbit hole and you're also talking about I mean once you start charging for all their time then you got to go to Every agency or every group that's doing something in this city and start charging time and you're going to kill every event that this city does but then all of a sudden you're going to have a golden carb if the city sponsors it then we're going to then we're just going to be okay with everything we include it in the cost of the city event and charge it back just like just charge it back to the their the it's like charging it back to different cost centers basically so so if if the if the event if we've got a $10,000 event budget and a thousand of it needs to be the fire department's time then that the firefighters paid for from the event budget not from the firefighter budget I'm just trying to understand from a budget perspective I I get where you're going I mean all of a sudden five events yep you're asking the right question I get it I get it five events is $5,000 more doll you really need to budget for that correct M again Y and we we may not have to Zach's Point charged for those things but there's still a cost of operating the equipment to for oh I'm not I'm not dening that I don't think you are either yeah it's just it's new it's new billing internal departments is a normal thing we do that I mean every company ever worked for bills internal departments so it's not like yeah but you're talking about that's a for-profit company yeah but these guys are not for-profit you're talking about in in in Department yeah he's talking about in Department in Department police department charg Activity Center something from I just think that's yeah it's it's probably cleaner it's there for tracking yeah you have to track and then we can just simply say Activity Center you get this much for for stop if we run over we run over if we run under it's for next year whatever but that's good data to keep I mean that that goes back to the budget question is it's like yeah there's actually Associated cost to that so then then to me you got you got to agree on a number I mean to send seven that's to me Overkill I mean yeah I don't know what's not cuz I'm not a firefighter so I don't feel qualified to weigh in what isn't is not over it's not my job for a living to do that cuz I can tell you right now if we have seven events and you're asking the fire Department Show for everyone cuz they have a $100 permit for a fire for fireworks display like that's just taxing on an already you know brittle uh system um and then that's where I go back to the conversation I had earlier in the in our uh budget discussion is just like all that stuff just it it's time it's money but it's also who's you know who's at the end of that I've got 30 firefighters that are saying they want to have some more um time to themselves or they that you know when is the when is the counil going to start looking at you know the the needs of us and and stop packing on more thing more events that you know hey that that soaks up my Summer's weekends you know you can laugh all you want it's it's what we hear I guess the question becomes let's say they pay for the fireworks permit but nobody wants to volunteer to do it then what it doesn't happen cuz because the fire department is a it doesn't happen that's what's happening for Heritage days and it doesn't happen it doesn't happen Okay I mean that's I mean that is what's happening so I mean use the same token yep it's not happening I did it was he's not approving it it's not happening correct uh council members of council that is correct so um to that if I don't have staff I can't approve it so it's okay you know there's other options um we talked about them yeah okay all right so where we at I think we're I think we're at charging $100 permit and that's it I think it's debt we beat that one with that yeah yeah I think we I think we need to charge a $100 permit and then we look at fee structure for next year we should take a look at that y that's what that's what I got a motional in a second call the vote okay uh any more discussion all right Scott yeah hey y y he Tris hi I'll be I'll be yay oh you to think about it didn't you yay yay Matt all right so on that one we are five to zero now we're on to item Q item Q um Heritage day same same question who's that so for this issue I'll answer questions if I have the answers um but I will not participate in the discussion and I will abstain for voting due to my wife's involvement with the Heritage Day committee are you no longer on the Heritage Day committee I never was oh I know that um I show up to meeting sometimes to listen to them but it's usually kind of a small group of people so so U mayor's call I'll take this one I work with uh Lisa the um I if she's the chair or the president or whatever I don't know if the DCF is but she's the runner of the her State committee um she did send a detail list which I appreciate the fact that she's asking for these things on Friday and Saturday and Sunday um and she asked for everything and everything everything and all things that she could think of I'm not sure if she'll actually use all of these things I'm unsure I don't know what some of these things are I'm going to pass those on to Marty CU he knows more about the EV I thought you send an updated list didn't she send an updated list oh boy she said she did um yes it was very detailed and I and it was like times and stuff which is great I didn't have time to put in the pack I'll be honest um no it was after that yes it was on Friday um so updated from Friday is the waiver of the LC Stevens rental fee that's a Friday night they have the event down there just like curiosity how much is the fee mhm that's going to be my question for a lot of these line items is do we know what the cost I honest have no clue what we charge you I'm asking 50 bucks 75 bucks something it's I thought it was 75 or something for week day but it was Bas permission from the police and maintenance to um allow the DCF to rope off and chalk painting um lines and areas of parking in the park a lot of volunteers to direct the parking traffic and set up the downtown with no parking signs and a lot of Professional Service to put the tent stakes in Daye and Avenue so again just allowing us to do allowing to do that no actual costs or fees related to that on Saturday they're asking for the rental waiver of the fee for the generator I believe that's 250 yep um and then uh permission to use the property at 18461 which is the activity center to use um for kids activities from 10:00 a.m. till 10: p.m. and that's just a general range 12 hour window like 12 hour window I think that's rough cost is $200 maybe I don't even know if it's that much I don't have the I know there's different rates for different days of the week yes it's a weekend so Z is that in your updated list is sh yeah oh yeah yeah correct so we do not charge non provins for that I think because I think it's the idea I think there's something there in the fee schedule says that that for nonprofit 0 y for somebody else if they want to rent to tickets Bo and then police support shutting down Dayton Avenue between Robinson and Dayton Street from 8:00 in the morning until noon and then Robinson from 12:30 until about 2: and or and or as police deem necessary see answer one of my questions I didn't know we rented the generator so that's good to know do we also normally rent flat red sound systems and heaters she does not need that that's based on updated request she does not need sorry thank you okay cool good question but that that the first list she gave me was everything that she could think of I basically asked her to put everything down and after you know she was able to actually get things moving it sounds like it sounds like it's changed which is good and was there any address because it came after the pack came out was it address the insurance concern um yes she's working on getting insurance I believe it was I don't have not touch Bas with assistant City administrator Amy benting today but I sounds like supposed to come in today do we have requirements I this again I have no clue cuz y there's requirements okay MH I know if that was normal not so we just want to make sure it's liability insurance cuz if the event going on then it's underneath the city's Insurance unless they have their own and they will have their own so that makes it liable to some degree yep liable on them and not us which is [Applause] appreciated it is much less than what in the packet for waving a feast just we I think your general question yeah so based upon David do you have anything you want to ask rad no I just want to make sure I'm clear there is no fireworks associated with this event correct that is correct okay okay then I would make a motion to approve waving the fees for this event uh David would you be able to would you be willing to uh amend that just upon um the insurance being approved yeah I'm okay okay with that I'll second it then any more discussion uh Scott you he name I'm going to obain because I am on the committee board you're on the her St St commit DCF no her St comme well whatever well this is kind of tight this is Friday night is in there okay like he's OB staining which is yep that's fine okay yeah Travis uh I will obain Dave yay yay so we are three to zero with two extensions um Anar uh mayor council Jason quisberg will take this city engineer maybe mayor and Council um this item was discussed two meetings ago um just to introduce the project and get a little bit of feedback in what direction we would go so I'll just for uh to refresh folks's memory this has to do with signalizing or adding signal systems to the two intersections uh shown on the screen these are at the Dayton Parkway interchange between County Road 81 and Brockton Lane this is just another figure same same area I'm just showing some of the anticipated or even expected development based on current applications um and then also notes the traffic levels on the road which is around 6,000 vehicles per day so busy and only getting busier as this development and Regional traffic increases um just another side note that's in addition to last time we have had some expressed interest of development along Territorial Road probably a little bit less of a factor regarding the signal but just to point out that even more growth is expected along this or in this area so nothing refined on this one at this point so our our budget for the project our expected cost is about $1.5 million that's about 750,000 per intersection U we did run through the potential funding sources at the last meeting our biggest question was is the count is the city interested in potentially using special assessments to benefit properties to fund all or part of uh the improvements um that answer was yes which informed us on how to prepare a scope for the project such a uh the 429 process would have to be adhere to which requires series of public hearings and feasibility study um along with that are some other potential funding sources on here um it seemed Tiff is probably not supported on this um that could certainly come back on the table if needed but we figured it's probably doubtful um uh for the project Justified or supported by by the city Justified um it depends on what gets built um as well so we've had a couple we don't know what's going this is back to oh I'm sorry I'm I jumped to a different project um it could be justified it could be possible to use Tiff dollars on it sorry I I went back to my territorial um Road hav just seen that on the screen so um yes it it could be a tool for it uh most likely but I um I think with the other options in place for the funding it's probably not one we'd want to get into so the next step as mentioned is to prepare a feasibility study um this is to be consistent with the uh special assessments that could be used on the project um with the study we'd identify the cost and the funding sources we narrow those down and Define which which properties would be benefiting which could be utilized um towards the project and then how the remaining funding would occur um additionally we figure out the design based on the traffic loading today and the projected traffic and then also uh run the signal justifications which are kind of a standard analysis report done for when implementing traffic control um at these intersections and then just to note that there would be stakeholder contact UM mot to some extent but probably more so hopen County just being that we do expect hopen County will take jurisdiction of this road at some point in the future so we want to make sure that we're not doing anything to jeopardize that transfer we want to make sure that anything that we're doing is in alignment with their standards um do you see for forese any issues there I know we talked about before you said they won't all roundabouts the signals has got to be the way there the signals is the preferred I I don't I have had conversations with them um they do appreciate being involved because they don't want to vary standards if you will nor do we we don't want to build an intersection and then at some later date want to transfer it over and them say that's not our stuff redo it thing where we want to get away with light we since there so much yeah and I don't absolutely yeah I think they'll be very supportive of this being that the city is paying for it as well but um so we'll open discussions with them as as far as partnering on it another one is um I don't want to speak for public works but I anticipate we don't necessarily want to take care of the maintenance of signal systems so we'd like to work with the county or possibly mot um to see if we can work out an agreement for maintenance of them longer term because they have the crews and the equipment necessary so our our Target as of now um is November for the report um that could end up varying um there will be uh property owner Communications as well um and if there's special assessment in it we'll probably want to obtain special assessment waivers um which takes coordination with the property owners and if we get into it we might to have to look at some uh appraisals um to help identify the benefit with it so we'd like to have everything coordinated in by November but that that could get pushed out if it gets a little more complicated or we have um trouble if you will um coordinating the funding sources so our recommendations tonight are to approve the feasibility study or sorry the resolution for the feasibility study again the resolution is the formal step to stay consistent with State Statute if utilizing special assessments and then also approve the proposal for the Engineering Services as demonstrated or as included in your Council packet okay I need a motion a second a motion second then okay Matt and then Travis any more discussion just Clarity I'm a pack but they watch these so the we think the southern one we can get covered pretty much in full and then the one by quick trip a huge majority of it will be covered that the city and what I mean by that is the city won come one of City expenses I don't know if that was in your your slides at all but I know it was in the packet whenever the packet was in the packet in the memo that was creaded earlier um just to very quickly run through that yes the the Westerly or Southern Lee so on the on the left side of the screen here um the nice part about this if you will is the the properties benefiting from this are limited to that triangle because all of that triangle has to utilize this intersection and why aren't we using the Triangular property to the north because they're going to have to use that M A develop too right you got like hashed out it is it's just because they haven't submitted an application so I just I just hatched hatched it as a future or expected um same with the one next to Opus they actually had approvals but then haven't move forward but we do expect something to happen there so um it just hasn't been assign let's say we get everything said and done locked in and then they apply oh this is actually separate from their development if we go the assessment route I know assess the property during the process with or without their development it would be assessed to the property owner either way either way you're getting it yeah okay thank you for that okay any other discussion I had one one question uh about it and that related to the the fees um there is 21,000 in project management uh fees for this and I'm a little bit puzzled by what that means when it's a a study not a not a construction project yeah that would be um and I didn't I didn't prepare this this came from our TR Traffic Division um the the project management is how they budget their projects so that's all the the coordination with it they separate that out a lot of our Municipal contracts we just blend that into the rest of the activities um they separate it out as the the stakeholder communication and the internal coordination um and the the technical process of the design is is part of that they separate things like um data collection was separated out on it as well um but it is the the total package um I don't know if I have a additional description other than what's in the report having not actually prepared the uh the proposal but I can get more information or detail if it's needed if it's not fully described in there no well I don't think so but uh in at the end of the day it's the bottom line number that that we're talking about it just seemed like an odd way to describe describing a what's essentially an internal project so um okay that's all I need any other discussion all right we got a motion a second Scott yeah or n yeah Travis yay I'm me yay Dave yay yay all right so five to zero on item R item s amending the fee schedule good evening mayor memb of council I think you're going for a record this year of the number of times we can amend the fee schedule this year you're welcome and congratulations rather you amend it then just let lose money um y so the the main reason for why we need to amend the fee schedule is because we learned in July June July somewhere in there that Rogers had raised their rates to $8 per thousand gallons and we were only charging 680 something so we are losing money every time you say eight per thousand $8 for sewer per thousand gallons oh per sewer okay for sewer yep not for water for sewer only and it's only for the individuals in town that are on the Rogers system um and so they already have a special rate as it sits right right out but that rate was significantly lower a125 roughly um per th000 gallons too low it needed to um raise that rate in order for us to make some sort of administration and time that we spend on those um items taking care of the lift station and so on so forth because we do maintain that facility so we did amend it I believe it's $8.95 I believe is what it is roughly we make 95 cents per um th gallons which ends up paying for our time and enough for administration so um the second thing that came along at the same time was some really related to the Cannabis and it's because we do have a number of current low potency um individuals in town that are selling it that are licensed through the state but they do not have to register with us based on the Cannabis um laws that are in there right now low potency is essentially the gummies um they they can of that nature huh is it like the drinks as well or something like that I believe so but I'm going to have to look to the chief on that one I believe that's corrector we're looking to do is just match the tobacco and the current liquor license that we have right now is that the registration fee so they don't have to license through us they do have to do the registration feed through us so we can do Code Compliance in compliance with them overall sure um and we're going to look to match the tobacco one we already have and the alcohol one so the full cannabis will be $3,000 per year and then the Tobacco on the low potency for what we're looking to amend will match the tobacco which is $200 per year um and that's just based on like said the exact same schedule roughly we don't have any cannabis in town obviously based on the moratorium that we just passed and we haven't had so far with the licensing with the state but we do have low potency I think we have I think eight or nine in town that are selling low potency okay so they don't have to currently be registered with us which is what we're look to put in the fee schedule today so why did we match the on sale so it's 3,000 correct um why didn't we match the on sale it's not like they can smoke it in I'm going to can can po potency is about the same as drinking hard alcohol or no I get that but in the liquor story we'd don't charge 3,000 for offsale that's why I was curious uh for the 35 beverages is 3,000 the 32 Isa on sale or I thought I seen in there that the on sale was 3,000 off sale was 200 I think that might be right so so that's why that's why I'm confused as to why we we went with the 3,000 instead of I can't find it on here either but doesn't it might be a little different if they're saddling up to the bar and lighting up but I guess at some point they might um yeah so we did match the onil we figured it was just based on the fact that it was liquor and that's what I used as the example but I didn't even think about it when they passed through it we we did also look at other communities around us and what they're charging for Canabis registration and we are significantly less than they are even at the ,000 oh yeah a lot of communities around us are 5 to 10,000 at a minute okay for registration per year and it's again I think it's mostly because it's so unknown right now and that's why the fee is so high or that we're looking to have the fee match on sales because it's so much unknown we're not sure of um but yeah me it's kind of a side issue but Paul how do you guys have a plan yet as to how you're going to deal with I mean alcohol very easy you give somebody a breath lier um is there any any any sort of process that'll so we have to do standard standardized field sobriety on all um under the influence so if you can prove that they're under the influence of something it gives us enough prob CA uh to get a search warant to do urine or blood um there is companies out there that and um departments that are testing saliva based um tests for marijuana whether they're under the influence or not so they are starting the process of um looking at it and so they'll be able to quantify how much you've had and there's going to be a limit correct have they talked about a limit at all I mean with alcohol again it's easy you could easily quantify that but yeah no U mayor members of the council there's there's no um it would would be St it would be the standard limit for that it would have been before um it was legal for you know if you were under the influence of a of a control substance right but is under the influence being with pot I mean given that you have you have to prove that they're under the influence and um like any controlled substance it was little or none THC was a little higher or marijuana's higher amounts um but I don't have the exact pone off the top of my head okay and and honestly if it's more about impairment than a quantity of sub of the substance so either driving recklessly or not I suppose that's yeah it would be a matter of you know I mean there obviously are physical indicaa of being under the influence of of a controlled substance or marijuana in this case um but it it it would be like it would be like the old days when you got pulled over for an alcohol offense and and before you had the the breathalyzer test or the blood or urine you it would be the observations of the officer and other indish of of impairment in their ability to control a motor vehicle I was just curious that's kind of where it's starting right now with this2 right it's not so much concern until somebody comes out with that thing that says that you can did you want to change that Mr May are you okay with it I'm okay with that anybody else have any why don't we I with $3,000 dollar being the limit is that what you're saying you're okay with anything uh let me get a motion a second for I'm happy to do it again there we go I'll second thanks Dave I thought there was already one on there trying discuss okay I didn't know um anybody have any more uh comments well since we don't have any of these um off sale sales um and we've got a moratorium so none of this is going to happen until next year I when we look at fees again I think we hopefully we'll have a little better idea what we're what we're allowing and what the the actual value of that permit or the cost to the city of that permit might be the the $3,000 um seems high to me but the off sale is 100 bucks that seems low to me so you I don't think either of those numbers are are right you know the the um the low potency one I'm I'm fine with that but I think we we should take a look at this again before we actually approve somebody to to make those kind of sales and and we will because you can't do it now and you can't do it till at least until after the first years so whatever we put in play today isn't going to isn't going to matter as nobody can apply for it I thought it was just to one oh that makes sense da any other comments Dave uh no I think I think that's it for me okay all right we got a motion second Scott y ore yay Travis yay I mea Dave yay yay and that's 5 to zero on to item t stand text um evening mayor and Council um the item before you is um about the water Trail launch and accessing the funds from the Hud loan uh the HUD Grant that we've been granted U for $850,000 um this is going to be a similar process so we're going through with Wellhead treatment plan um where we need to uh conduct um the environmental review um before we can actually qualify for the funds um I had a preliminary meeting with some of the H uh people with a representative from stantech to go over um uh what they're going to be expecting from us I wanted to get out ahead of this um to make sure that we were in good place to move the project along when we get the approval um the scope of work that's outlined in here from Stant is as a result of that meeting um so all the items that we discussed are represented in this this cost in here um I decid I worked with stantech because they're doing the one that um we're currently going through with the Wellhead treatment plant they've got a good understanding of what this process is I Look to MSA who were the designers on this and they didn't have the capacity to uh do this type of study this time um so um I'm looking for the approval from you guys to go ahead with this um I'll answer stand for any questions I don't have any issues with it as long as we keep using Grant funds and MH MH yep and this is a Lessons Learned now we're doing what we should have learned before so yeah essentially motion I'll make the motion to accept it a second okay I got a motion a second any more discussion okay uh Scott you hear your name this Dave Dave's good Dave are you good yeah uh yay hi Travis yay I'm a yay Dave yay okay that is 5 to Zero thanks Marty all right uh ordinance 2024 Dan item u y good evening mayor members of council um I guess I'll present it even though I have Gary Paul listed both on here um I'm using the exact same slides that we did last time this was um tabled from the last council meeting um again ordinance 202 24-10 this is looking to amend or completely re revamp Chapter 93 of our um current city code I did get some comments and suggestions back from Council Members I appreciate the comments and suggestions hopefully I've approved or at least looked at most of those within the document that's in there today the biggest one that did come up is related to the iups and cup properties we did add a caveat in 9303 andb um related to basically just contacting us again um this is not to make more work for any of the event centers that are there it's just to notify us what's happening so that we have a general idea of what's going on and it also helps us be able to let them know about all the events that are happening in the community as well that they might not know about um we will use this last weekend as an example with magnus's operation zero operating right across the street from a movie in um a movie night at Fisher farms and events center so um the idea is for us to help them um long term and in the future here we are looking to implement a community calendar on our dayeon app and we'll be able to advertise for those said community events on that date and calendar which hopefully will help these event centers continue to have good events because that is what our idea is of the city is to to be able to help and support our current businesses that are in town so we also stand for any questions that you may have I know that Chief HRI Chief Angar here both to address those thank you very much okay who wants to uh start Dave since you didn't get to weigh in this last time do you want to start um I did uh forward a bunch of suggestions to Zach and I see that uh it looks like most of them were Incorporated in the updated document um well I appreciate Zach mentioning the the 30 days of piece of it being changed from 60 which I thought was was a lot um and that it it gives it a chance to be included in the community calendar so that makes some sense to me more so than the amount of the level of effort that would be me it to approve one of these things um you know I I'm struggling with this thing overall I'll have to say U it's better uh with with some of these changes it seems it seems awfully burdensome to me um you know and I think we need to probably amend what we have uh I don't know this one this one is a lot can I ask a question on the 60-day versus 30 days cuz I was going to ask why it was changed but that makes sense the question I had is how far out in advance do we do Staffing for the police in the fire like how far do you guys put calendars out for who's going to work when or is they know at the beginning of the year kind of thing uh the police department there um they bid their shift so they're on the same shift throughout the year so um they know the beginning of January first what days they're off and what days they work throughout okay thank you ccil TR for fire department kind of depends I'm asking if people can work it yeah you know the earlier I asked the better chances I get for participa okay thank you okay you want to go ahead yeah if you don't mind da you you're done right yes okay yeah for now on uh 9304 so I'm bouncing back between two different tabs here so give me SEC um item G and N were removed is there a reason we removed those pieces someone explicitly asked for us to not have them remove advertising or promotional material after the event those was requested by counc fashion so I'll let him to respond but or requested by Council fashion to remove it I believe it was doubled up if I if I'm incorrect let know okay right g g was redundant okay um so I didn't I didn't think it needed to be in there twice and the removal of advertising and promotional materials I thought that falls under you know our regular um ordinance around temporary signs and things in the right way and and so on and so I didn't think that was needed for this what I'm good with that and then for item L I have no problem with with item l i just want to point out that a lot of cities have moved to parade candy can't be thrown it has just simply silly I'm not I'm not saying I agree with it or disagree with it I'm sure there is a reason where something happened and somebody got sued and so cities moved away from that so again I just I have no problem with it being thrown I grew up of the generation was thrown at me so I have a problem with it like it's it's not an issue I just I just wanted to make sure that we were all okay basically taking on that additional risk yeah I I my guess is it falls under shouldn't everybody ride a motorcycle with a helmet right and some people don't want to they'll run that risk agreed so yeah there's a risk I'm willing to take and throwing candy from the fire truck is one of them I'm good with it no problem I'm I'm shocked it's even in there to begin and then uh 9307 um we remove the retail events limited to 30 days per calendar year per retail business unless otherwise approve by the city I'm trying to think of a situation I mean if a if a business is running an uh event 360 days of the year that's part of their business and probably part of their yeah iupp cup whatever it is so I'm trying to figure out why we're limiting the number of but we don't want to limit the number of days to make sure that we've got the right that the right pieces being used when the these things are happening so I mean if you know you're going to run business and that's going to be the case like say you're a farmer's market four days a week right for 5 months of the year you're probably going to come in and get a permit from a farmers's market you're not just going to do it in the parking lot somewhere or we if I wanted to sell Elk jerky 300 days a year in my parking lot I would do it y I think the came fromed okay but would the wouldn't that be a part of the request that that property would put in them to have an outdoor sales space no I'm saying I wouldn't even ask I just do it okay okay that's fine doesn't really affect me one or the other and I don't think we're going to have a 365 Day alra event cuz of Minnesota winters but it was just something I was trying to figure out why trust me I don't want to work 300 days yeah why it mattered the reason why that one came up I believe was to try to not be in the business or whatever of the of the company who was wanted to do it that's where it came from TR to dictate a move before it happened kind of thing yeah and I had this whole retail sales thing was pasted in here um it wasn't in the the the old one right no it was in there it was in there yeah yep yeah so this the whole entire ordinance I want to make sure is known that we took literally Rogers when they were our size post it in here because that's what Rogers was is they were 11,000 people in 2014 when they made this 2012 2014 like that when they made this ordinance so we literally took their ordinance and pasted it and they hadn't changed it sense they haven't changed it sense we talked to them and they said that it's going really well and they enjoy it and they'd like to add more things to it as in like if they have food truck events and stuff they have other licensing which we don't have nor suggesting to have but um the only thing that we changed on the caveat that we made was the iupp cup thing because we have event centers they don't yeah and so that's why it was added um but it was added as one line at them which um Chief did and then we amended it but other than that this is 100% Rogers ordinance as it sits and it was then the last one as well so the that's good Clarity the other piece I'll add is that I know some some I got some feedback from people that special events might be a a mischaracterization of what this is meant to be instead of a public event permit so I don't know if it matters to anyone that we change the name or not I I don't necess know if it matters to me either way but I want to put that out there as it might add Clarity to people who I don't if you're getting emails from residents I have been but specifically what if I want to you know have my family work Thanksgiving like it's not about that so I don't know if changing the name of this to a public event permit from a special event permit would help reduce that at all so people understand what in my opinion what we're really looking at here is public events not any event and so I just wanted to put that out there and get other people's thoughts yeah and I read through both of them it seemed to kind of after somebody had made mention to me at the same time that that make more sense if it was more of a public event and I was like you know actually yes I can see where the Optics get kind of a little trying to see through mud when you say special because where does that where does special lie what we're trying to figure is the public this the piece that I feel like the city is more responsible for in that aspect so I I agree that the name should replicate um that uh that it is a public event versus special so I'm not sure that that to me that doesn't necessarily clarify because I think a lot of people might think public events are on public property and or I mean if you have a private event or uh an event on private property calling that public is is a I know there's a technical definition but I'm I'm hard pressed to to I don't know I can see where a lot of people would would uh find confusion in that as well find confusion yeah just as much confusion the Optics that were just brought to me was just like you know a public event I feel like I could go I'm I'm invited a private event and it's like yo hey I should definitely I wasn't invited to that I shouldn't a special event is kind of like well you know we we have a definition obviously but unless you're looking at our ordinance or proposed ordinance you don't know what special means so I guess if you if you got more no I was just going to say the one thing I do like about this is I feel like having looked at the old one and then this one um and then talking to staff a lot of the things that are in here once somebody applies we end up going through all of this with them it sounds like even today with our current permit so I feel like this better communicates what the ass and expectations are for this up front versus having it be on the back end after they've already applied so then someone kind of knows more what they're getting into before they get into it so that's the only thing I was going to do yeah I noticed the application portion of it was condensed down and it felt like our old one like the application list was like a page and a half which is like do I have to have all these and then I asked the question about enforcement you know like how do you does every piece of this application portion have to be filled out well then it's at you know the answer I got was it's at whoever's discretion it is and I felt like spelling it out in 9303 on the new one kind of made it a little more straightforward um as far as the process for the applicant itself so I I didn't feel like it made it much any worse what is so 9303 paragraph B says um of course I scroll P it 933b yeah it says uh blah blah blah submitting any deposit needed to cover estimated cost to be incurred by the city for the special event what what is that that sounds like an es gr yeah we could probably remove that okay okay I I don't Chief do you have anything I don't have anything my guess is again this came from Rogers so we did our best to amend it as best we can you know what let me ask you that uh something about that did they say um so does their Council approve these yes because I talked to um one of the council members and she said the only time they see these is when the the the event is asking for City Services sure but yeah they do approve them I I part of their part of their process and some of the things we moved out is or changed and amended is that I don't know if these need to go to council for approval because if they're just going to work we don't why burden council with approving them and if it's not going to work for Staffing level then you can approve it all day long but we can't get it so yeah my my only concerned whenever I see these things and when I when we seen the first one that was it was we didn't have anything prior to that um I didn't I I my concern was that at some point and I've said this before I I worry that some of these are so restriced that you could really use them as a weapon and I'm not saying that that's you know that that is routinely happening sure but it's easy to use um I think there's a lot of things you could do in code that could be there are except this is you know five pages of sure of stuff I will say those this is trying to be more upfront about what you need versus like hey apply for this and then you won't be able to get it anyways cuz you don't meet half the stuff so um but yeah you could probably your strike B if you wanted to because we don't have a deposit this is going to be the same fee that it was before again this is not supposed to be a money maker for the city just to let us know and it's going to stay be $60 because that's about the time that takes for both the chief to revie it and make sure and good to go um that same 9303 paragraph C um items 10 and 14 so I mean 10's kind of easy because it's it's um I my question here is the state already regulates this so um and with 14 you may not have the the permit from the health department when you apply for this um because in a way that almost serializes these things and you're back to 60 days hopefully you have this before you apply for it if you're cooking or serving food my guess is that you're probably going to have it if you don't have it you're going to provide it to us before the event happens well the health permit if you serve beer out of a cake M you get to apply for one of these correct well that means you got to apply for it before you have to apply for it and receive it before you before you have the before you have before you apply for this they could apply for this at the same time just say hey this you know we applied for this and once we get it we'll send it to you it's not like it has to be we have to have all this stuff it's just by the time we get it approved it has to have meet all this application it just says attach a copy that's why I was looking at that sure if you have one weird makes it obviously a little less time to you have it already would that be something you'd say like Supply before the event or Supply before yeah again with say s it into us before you get and again that's the just the little things that that concern me um 9304 that whole a lot of that seems like it's just replicating State Statute I'm going to defer to the Chiefs on this one I don't know 9304 about the issuance of the permit stuff I don't have 93 I it's I can read it's all the requirements of like requirements for using garbage requirements for sanitation requir traffic control code um mayor or female yeah the the biggest thing with this is to some comments from Council is that this is really specific to public events I'll start with that um we're not we're looking at you know a City fair uh a City carnival a whatever event you can think of the idea is that everything that's in front of you to councilman TR and I think others and hopefully this will um address councilman fant's concern is that this is really no different than what we currently have today with the exception of all the steps are listed here in the ordinance to help guide the person making the application well because currently right now to councilman Henderson's point we have a two-page document that asks a bunch of questions yeah and some of those questions get answered and some questions don't this helps mitigate them and us having multiple conversations as to what we're looking for and I think it outlines it pretty specifically I I I I agree I think it does clean up some stuff um I think my let me get through my question then and I'll to your point of it being redundant I don't know people go look at state code to then know it was redundant if they were doing it so that doesn't hurt I don't think to have it in there then it's it's there in one place versus okay I'll go find the state code and I'll go back to this I'll go to that and that's annoying if if you if you do these regularly for a foundation or for you know whatever you probably know all that but if you're say I wanted to have a farmers market I don't know any of that I just don't I've never done it before yeah I get I get some of that I just um yeah I I don't disagree that it cleans it up I think the application the smaller um my big hangup is if this is really aimed at those type of activities um I do not like the 50 and I do not like the one hour um 50 one hour the 50 people limit and the one hour hour of the last one was 200 and four hours and I was and that's the only reason I voted for the last time they bumped it up to 200 um I just to me this is at some point we we are going to just permit people to death I I I don't if we can adjust those I'm I'm fine with it but um mayor can I a quick question so you're saying I just want to clarify so the four hours is like duration of the event yep um it was yeah I I guess I don't have any concerns of the duration of the event but the 50 people again as I said numerous times comes back to the fire code that's the state yep and they can for that I'm just saying I I don't like that at our level um the time doesn't matter to me I'm that's my piece I'm fine with the 50 I mean we should be in compliance with code so if the fire code is 50 people then that's where we should be in well then it's already covered anybody else Dave D oh you already said in pece I don't like any of it I'd throw the whole thing out the window personally I think it's way over it's just to me it's government overreach uh and what really tops the candy for me is 9308 if this is City event or night night then it's okay we can do what it's excluded on one hand it's good for it's good for this group but this group you got to get a permit I'm just not it's I know all right um motion or yeah we uh quick question Scott on if the city went through was required to get a permit would you be okay with it who's City going to get a permit from itself they're going to pay all the fees yeah where are they going to get the money from the taxpayer yeah inter company transfer so you'd want night people anyone that wants to have a a night to you the difference what's the difference whether what what's the difference whether it's unite to unite and you got 200 people there and a 300t or a 500t tent cuz I'm sure that I don't know I mean maybe there was one out there I'm sure there was a party that had over 50 people at it and that then that night you don't have to you're your Void you're clear you don't need this now I understand the difference because everybody knows you have an address there's a party at this address but that doesn't stop the needing for the uh for you to come in and inspect a tent does does the state does a state mandate or take care of the fire code yeah the state is with the fire code in place do they come out and inspect for the tent does the state the state doesn't have the resources to do that they don't have the resources to conduct those and hotels and in schools like they're supposed to as it is today you can call and ask them that question but the the reality is is when we when I have to inspect to the fire code I'm enforcing the minimum within the fire code so the minimum is basically what's stated in the fire code okay um so don't get tied up too much into the tent aspect of it because somebody could have let's assume let's just use Fisher Farms Magnus I don't care whoever they in erect a tent once and let's say they own the tent go out and take a look at it if it meets fire code we're good to go it can be standing for for 6 months just that kind of that working relationship with them in that capacity um you know as I said to many people the fire code has been put in place because many incidents have happened in the past so we're trying to prevent them as we move forward not everyone's going to agree with it there's people out there today business owners that they build restaurants if you will I'll use them as an example Y and they will cut the business to be 100 ft short of what's needed for fire sprinklers and that's fine I mean that works but that's up to you and that capacity but if we have issues so I get it from both sides at the end of the day again my job is to make sure that the community and the public are as safe as we possibly can so that the city minimizes reduces the liability that's brought back to us okay I can I can accept all that but 9308 you don't need it then it's all void God it's all right I'm good motion it's all motion that we approve it with the changes and then adding the removal I think it was 933b mayor correct yes I believe so the application for the permit should be y so removing that piece striking that okay any second I'll second okay any more discussion Scott nay Travis yay I'm a n Dave what he say what was that Dave I'm sorry Danny did you say nay nay yes okay I'm a yeah I say okay no so we need a different motion nope no failed pass so now we just use the other one again yep yep it'll just revert to the which I don't disagree probably need some work but that's more restricted than the new one so I mean me it is what it is yeah I mean in one aspect yeah and that private it doesn't apply to most people okay Item B approve plans and specs for Territorial Road Waterman extension this project too we discussed at a previous council meeting so this involves a project to upgrades in the corridor of Territorial Road generally between County Road 101 which is Brockton Lane and Dayton Parkway as shown on the screen and just to note there is a larger project that's being planned here uh in fact at the I think it was two meetings ago Council authorized the preparation of a feasibility study for that that project includes sewer and water extensions from their existing locations shown in the solid lines all the way to Brockton Lane along with the full reconstruction of the road and the associated storm water improvements that would go along with that the project we're looking at tonight is just a small part of this project it is limited to just the water main extension as shown the reason this is separated out and being considered at this time is the owner of the property labeled Datt and storage is interested in getting water service to his property now so he can forego a fire suppression system or Supply and storage of a fire suppression system on his site so again the scope of this is about 1,700 ft of water main only it's directionally drilled so they don't have to rip up the road or do anything else there will be minimal digging in it um that'll just be repaired uh preliminary estimates on this is about 450,000 for the project uh the funding source is the Datt and storage property owner he has agreed to fund this project Robert project in its entirety up to $500,000 um because of the benefit he realizes by Expediting these improvements and just to note there is an agreement in place between the city and the property owner in my understanding is the funds were wi transferred over last week correct so everything should be in place from a funding standpoint on that so the plans and specifications have been completed for it the next step is for Council to approve plans and authoriz contractor bids and just to note the schedule if they're approved tonight the plans and bids authorized we would open bids on September 3rd and then turn them around right away for Council consideration for award on September 10th with the construction happening as soon after that is can be allowed with the with the contractor that that has awarded the work um we did leave the final completion to the spring of 2025 um partly to just leave plenty of time if there is any settlement and the little bit of that they'll impact the road or if there's any vegetation that's not established or any minor items um we will hold that Escrow in place until those are all resolved uh next year just so that any unused balance of that escrow was not released prematurely if you will before the project was closed out so our recommendation tonight is to approve the plan of specifications and authorize contractor bids so this was I mean this this one property owner this is the storage place right yep so his costs to put in sprinkler system exceeded 500 Grand yes see that and you wonder why businesses he he shared it was comparable so he was interested in this yes um he did not share a specific cost with it but he was willing to put $500,000 trans regulations cost money so yeah it's he will still have a fire suppression system I just want to make sure that he's not forgoing that however he this does avoid the drilling of a well to supply the water and then large tanks and pumps to operate the system so I think in addition to the extra cost for the system itself um it's also I mean it's a storage business your your value is the space you can rent out so whatever you utilize towards this system is is space that you can't gain rent from so my only question is if if we go to for the bids and all the bids come back higher than that um are they okay paying your fees and us and then re red discussing with that or what does that look like for us what did we when it comes to the ESC what are we really on sign up wasn't I was going to check that um that was incorporated into that do you remember Amy I think it was that those those fees would be paid and taken out of the ESR account is that correct and the remaining given back I believe so and then the remainder giving back is that's right there's a provision in the agreement that um if the if the bids come back high or for some other reason the project doesn't go forward that any costs uh you know incurred by engineering are legal by the time um by the time of the cancellation would be paid out of the escrow and the and the balance would be refunded it would be a bommer for him thank you yeah it would it would yeah because he's now now planning on this on his timeline of we not only didn't give him that service we took some of there is there is a benefit for the city to do this obviously we're sending water main extension a long way I just want to know what offici far asward if it says it's a million dollars then we probably talk I think to address the concern the risk moving forward is negligible um however and and that is on September 3rd if we open bids we can have discussions if needed I mean if it's significantly higher comes back at 525 we'll have a discussion right exactly yep perfect anyway have any questions make a motion to approve Dave Scott any more discussion okay Scott yeah name Y and TR y Dave y y all right 5 to zero passes so now we are on to a closed closed session um I have a verbiage to read I find it here you make these longer each time is that actually I didn't write this one sorry can we just say we're talking business here all right all right next item on the agenda is a closed session that will follow Minnesota statute section 13 d05 subdivision 3B which which allows the city council to have discussion to determine the asking price for real or personal property to be sold by the government entity no that's yeah that's wrong to be what purchased by the government inry you just said sold versus bought um if I I'll interrupt and just note that if you can you need to note that it's uh 3 C3 13d 05 subdivision 3 C perfect see don't do these so um and that will be purchased or yeah acquisition it's on the monitor that yeah any my cheaters they're my long cheaters oh but that's it's not yeah it should be the same thing on there I copied it from there so oh okay uh subdivision 3C which allows the city council to have discussion to determine the askar for real or personal property to be purchased by the government entity during the Clos meeting city council will discuss the development of terms for the acquisition of property rights involving P numbers 30-120 d22 31-8 30-120 D 22-42 D3 30-120 d22 d41 D1 29-10 22-33 D4 29-10 d22 d33 D uh- o5 29-1 120- 22- 34-1 29-1 120- 22-34 D2 29-10 d22 d 34-3 29-1 120- 22- 44-2 28-120 d22 34-2 there's a need for cons confidentiality because the city's position would be compromised if such such discussions took place in public and could be overheard by the property owners accordingly pursuant to the law I have cited I will hereby entertain a motion that this meeting be closed pursuant to the attorney client privilege motion actually I'm um it's not being closed pursuant to attorney client privilege is being closed oh yeah under the real estate exception that you cited earlier mayor that's my second I'll motion okay we got a motion by Matt and Scott second well we said up for this can we take a f- minute bathroom break too please yes need a vote uh need a vote uh Scott a vote to take a break no vote for that close session close session yes y grais yay I'm a yay Dave I'm a yay and you have to give me a minute cuz I guess I have to come in on a different Zoom link for that and Matt all right we will take a a little break and uh going to close close e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e for e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e if there are no objections we'll be adjourned out of the regular meeting and there's none so weed all right we're good e e