7206 city council meeting. I hereby call the meeting to order. Members of the public may attend the city council meeting in person or may watch or listen remotely by viewing the meeting on channel 8 wctv and at the city's website at weisetta.orgwv. Public comment during the public forum and or public hearing portions of the meeting may be provided in person at the meeting in advance or by logging into the team's call and raising your hand during the hearing. When your name is called in the meeting, you will be seen and heard in our council chambers and the cable channel and you'll be asked to unmute and you begin your comment. All public comment should include your first name and the and the group that you're representing or neighborhood. Next on our agenda is the pledge of allegiance. Um, if I could ask everyone to stand if you're able. Pledge >> allegiance 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. >> Next on our agenda is roll call. Let the record reflect that all council members are present this evening. I will note that earlier this evening uh the council uh in the capacity of the board of appeals had a local board of appeal and equalization meeting um earlier this evening. Next is the agenda uh to approve the agenda. I would need a motion to approve the agenda as amended or do we want to make any changes? >> I'd move to approve the agenda as is. >> Okay, >> I'll second. >> Thank you. Any further discussion? Hearing none. Uh so all those in favor say I. >> I. >> Those opposed that motion passes 5 to zero. Next is our public forum. Um just as a reminder for those in the public attendance tonight, if you're interested in speaking when you are approach the dis please state your name and the group that you're representing or neighborhood and limit your comments to three minutes if it's on the agenda. um fill out a form at the table, hand it to staff, and for those on teams, please send a note to staff via chat and let them know what agenda item you're interested in speaking about. And we also want to note that we require camera to be turned on when you speak. So, we have two uh public forum items before we get to the on the agenda. I'd first invite um Marilyn Richtor um to the dis. Thank you and welcome. Thank you. My name is Marilyn Richtor. I live on Benton Avenue in Weisetta. And I'm here just to um just to emphasize that the need for uh short-term rules and regulations still exist for Weisetta. I know you're having a meeting after this re uh regarding that. Um, just want you to remember that a lack of these uh rules and regulations has been reflected in the issues caused on Benton Avenue for at least two years. Um, all from the plethora of short-term rentals that we have there. So, please don't let your interest in planning be dropped because of the lawsuit. This has to be a way there has to be a way for regulation as it addresses as it as it's been addressed throughout the country. Thank you. >> Thank you for your comments. Um, next I would like to invite to the dis Mr. Henry Miles. Please welcome Mr. Mayor, City Council, City Manager, staff. I know many of you and thank you for your great service to this community. Uh, my name is Henry Miles. My wife Vicki and I reside at 746 Widston Circle. In addition to paying our taxes, every year we donate funds to the city to recognize people or events um, and to support special projects. In addition, uh, for eight or nine years, together with city parks, forestry, and public works, I've helped improve and maintain the little woods. Uh, home now to a fox family with six newborn cubs. I'm not here to discuss any of that. Uh, I'm here this evening to voice our opinion about the TCF building at 200 Lake. Once a landmark of our village, to describe it now as an eyesore would be generous. has become a slum building with slate shingles falling off the roof, mortar dropping from between the bricks, graffiti top to bottom, garage exposed, many windows and doors either boarded up or smashed, glass on the outside suggesting the building is visited or inhabited. One can only imagine the mold and vermin inside this building would be a disgrace in any community much less Hisetta. Vicki and I took our spring walk by TCF building two weeks ago. It's hard to imagine that it's even in worse condition than it was in 2025. Um then again on the Wisetta website I'm seeing no substantive progress for a year. For anyone who here who hasn't done so I suggest you do a slow walk around the front of that building and then circle in the back by the city parking lot and six smith and look up look down and take in the mess. I'm aware that disputes between the building owner and the city have gotten us here. Um, that no longer matters. The TCF building has become a lose-lose for the owner and for us. If we can't find a winwin solution, then I suggest a negotiation technique where the parties walk away equally unhappy. This starts with each party saying to themselves, "We don't want to do X, but we will in order to move things forward." The time has come to remove this slum building from our presence. I ask that you submit my comments into the record and share them with the building owner. And again, I thank you for your service and for giving me a few minutes on the floor tonight. Thank you. >> Thank you, Mr. Miles. And noted that uh we did get your remarks and they will be entered into the record. uh the written aspect of it. Um okay. Uh moving on to the uh items that were on our public forum. First, we're going to proclaim the month of May as Arbor Month and then is there a a resolution that is to be read. >> Mr. Mayor, there's a proclamation to read in your script tonight. >> So, I didn't know if you wanted to if there was some sort of presentation. So, I will read the uh proclamation. And so whereas the health and people the health of the people is tied to the health of their forests and whereas the planting and maintaining trees mitigates the effects of climate change by absorbing carbon dioxide in the atmosphere. And whereas trees and green spaces play a major role in improving mental and physical health. And whereas trees in our city increase property values, enhance the economic vitality of business areas, and beautify our community. end. Whereas forests create high-quality drinking water by acting as a natural filter and trees wherever they are planted are a source of joy and spiritual renewal. Whereas each year on the last Friday of April, Arbor Day and throughout the month of May, motans pay special tribute to the rural and community trees and all the natural resources and dedicate themselves to the continued vitality of our state's forests. Whereas on May 11th and 12th, 2026, the city of Weisetta will partner with Henipin County Forestry to plant 500 asht tree replacements um at the Beaver Dan Woods Beaver Dam Woods at 300 380 Broadway Avenue North. And whereas on May 22nd, 2026, the city of Wisetta will distribute potted Hackerberry trees to residents for planting on private property. Now therefore, it be it proclaimed that the Weisetta City Council on behalf of the citizens of Weisetta proclaim May 2026 is Arbor month in the city of Weisetta. Thank you. Um, next on our public forum is the introduction of our planning intern, Miss City Manager. >> Uh, thank you, mayor and council, I'd like to invite May Jaginski up to the podium. um she has been serving as an intern and I'll let the community development director Sharp comment more because since he works more directly with her, but I'd just like to say that she's such a positive, helpful person in the office and we're really glad to have her. >> Director Sharp. >> Thank you, manager Joerger. Uh you've taken kind of the intro from us. Yes, May has been a delight to work with. She started with the city around a month ago. Uh she's been helping fill in for some of our gap uh in our busy spring time frame. So she's been doing everything from doing research projects to answering phones to answering general planning questions. Uh May is obtaining her masters of urban regional planning from the University of Minnesota. She graduated from WMadison with a background in public health and environmental studies. Uh May also brings experience from other municipal government uh namely Oaklair where she served as a planning or as a associate analyst. And with that, I'd let May provide a little additional detail. Hopefully, I didn't steal everything from her. >> Well, thank you so much for having me. Um, like Alex said, um, my name is May and, um, I am a first year grad student at the U, um, and, um, I was or I worked in municipal government before as an analyst, so more of the data side. Um, but never through the planning lens. So, I've got to learn a lot the past um, few weeks. Um and so super grateful for um kind of working with the the planning team at Weisetta and um learning a lot. So um really excited to be here and continue to learn. So yeah, thanks for having me. >> Well, welcome even though you've started, but welcome. And are there any comments from council or questions for our intern? I'd welcome a um I think this is a great idea and I would love to explore other opportunities for future internship opportunities. I just think inter internship programs are a win-win or have the possibility of being a win-win um for the intern and the organization and I think there's just a lot of benefits both ways. So um I'm happy to see this internship take root and hope that it um it works well for you may and gives you what you need. And then also we look at other ways for the city to benefit from future internship programs because I think it's just a it's a great it's a great experience. >> Thank you. Any other comments or questions? Well, welcome again and thank you for being here tonight and you were very generous in your not nudging her along in any sort of stump the Trump questions or anything. So, welcome >> and thank you. >> Okay. Um, do we have anyone on teams for the public forum? >> Not for the public forum. >> Okay. So, we'll move on to new agenda items. Uh, does anyone have any new agenda items to discuss or bring up at a future meeting? >> Hearing none, we'll move on to the consent agenda. Um, so all the items in the consent agenda are inclusive of approval of the check register, approval of municipal licenses, adoption of resolution 192026 appointing Cameron Bentrot to the Energy and Environment Committee, adoption of resolution 18206 approving the draft deed grant application for 200 Lake Street East. Approval of seasonal lease agreement with Bjorn Cycling. Approval of the contract with the Minnesota Conservation Cors for a woodland restoration project at 998 Lake Street East. Approval of the special event permit for 2026 Wisetta Art Experience event by the Wisetta West Metro Chamber of Commerce. Approval of the special event permit for the 2026 Jame Hill Days event by the Wisetta West Metro Chamber of Commerce. Approval of the special event permit for 2026 Boo Bash Dash event by the Wisetta West Metro Chamber. an adoption of resolution 172026 amending the 2026 liquor fund budget. So I would accept a motion to approve the consent agenda as presented or if any items need to be pulled for discussion. >> Mayor, I'd love to just take a second to make a comment necessarily polling anything if that's welcome to >> appreciate it. So, I just wanted to make a comment about the event permits from the Weisetta Chamber. I noticed that there are some really great strides taken and just wanted to call that out to express some appreciation on behalf of well, myself and dare I say this body. And um but also regroup a bit just to recap some goals for next year. um kind of on our end. There's some good work to be done um on the chamber side for 27 events, but I think if we do our due diligence on on a city side, we'll all be better for it and on on the same page going into the next season. So I would just like to make a note to staff to kind of have a next workshop in addition to or to as a next step from our previous workshop where we talk about some of those parking mitigations. And I also wouldn't mind if staff gave us a little bit more information on the fees that have been waved every year in terms of why that is, what's a potential there. um and just sort of the the nuance of that item. So, >> yes, thank you for those comments. I mean, what I heard is that we would direct staff to perhaps pull together an earlier meeting, you know, for 27 so that there's some lead time for both parties to get our arms around the issues that were not addressed in this cycle and then we might have some new ones to bring up, but the intent is to be early and ahead of 27. So, does that clear direction, Miss City Manager? >> Uh, yes, Mayor and Council. Thank you. >> Okay, that's >> acceptable. >> Yeah, I appreciate it. Thanks. >> Okay, thank you for that. Um, so we still need to then um approve the agenda, right? I mean, >> yeah. So, I would accept a motion now to um approve the consent agenda. Uh, >> so I move, Mr. Mayor. >> May I have a second? >> Second. >> Any further discussion? All in favor say I. I. I. >> That passes five to zero. Next is our public hearing. There's no items on the public hearing tonight. So we'll move on to new business. And first on our uh agenda is consider the need of to have an emergency moratorum and first reading of ordinance 859 declaring a temporary moratorium on new short-term rentals. Doesn't impact existing short-term rentals. >> Uh thank you mayor and council. I'm going to turn this over to community development director Sharp to present. >> Thank you, city manager Joerger. Uh as stated, this is a consideration of a short-term moratorum. So on the background of this, uh want to start with some of the basis. Uh essentially, the city adopted on October 9th ordinance 852, which prohibited short-term rentals VR rental licensing operations. As the council's aware and the public is generally aware, this was then challenged by uh short-term rental operators uh in a court action. On March 30th, 2026, the district court issued an order declaring that ordinance 852 was a zoning regulation and therefore void. As we're proceeding forward with that, staff wants to pro uh wanted to bring forward a potential for a moratorum uh to provide the council with specific tools because of the prohibition and the potential for additional users to come forward in the interim before a zoning ordinance could be created which would regulate these uses. Specifically, we've had already uh one potentially two uh new applicants that were not short-term rental operators in 2025 apply for short-term rental licenses in 2026. So, there is some pressing, but it's obviously not a uh significant number at this time. However, the longer that future regulation may take, the more likely that other applicants could come forward. Staff is not necessarily recommending that a moratorium be put in place, but is recommending that the council consider the moratorium as a tool if there is additional concern. To go through the draft moratorium provisions, it would not affect or restrict any existing licenses or those that were in place in 2025. The moratorum would restrict the issuance of new licenses to properties that were not previously licensed. And it would uh if adopted as an emergency ordinance, which does require a four-fifth vote from city council, these these restrictions would begin immediately, not upon publication as they would with other ordinances where we have to do a first reading, second reading, and then publication, which would likely play us place that ordinance sometime in May. uh and that is essentially uh what the moratorum is put in place to do. If the council sought to do that longer term stretch, we would bring forward a amended ordinance with that with those provisions to that effect. With that, I stand for any questions. >> Questions of staff. I've got one here. If we were to not approve the moratorum today and somebody did come forward, a new person to apply for a short-term rental, would we be obligated to grant that application or could we still turn it down? >> I will I will attempt to answer the uh mayor, council member, I will attempt to answer the question, but I would invite on the legal basis the city attorney to step in at any time. Um my general response be as long as they are meeting the provisions, they pass our inspections and they have paid their fees, we would be moving them along as any other application would be received and on a timeline in which we would be able to review those. So, if they were to come forward before a draft ordinance were to be fully approved and then published, we we could have to uh issue those licenses because that would be consistent with other rental license procedures. >> Do you want to weigh in? I got a follow-up question though. >> Um, Mayor and Council, yeah, the I think maybe I just reiterate and underscore some of what uh Director Sharp said. Um if if this moratorum wasn't adopted, we essentially go back to where we were prior to um the short-term rental ordinance that that prohibited short-term rentals and we would someone could put in an application. That application would be reviewed. If they met all the criteria for issuing a license, it would be issued. But if they didn't, then that issue that license would not be issued. >> Okay. And if we're if that were to be the case, how long would that agreement be in place? Is it a one-year term? >> That is correct. It would go through May 31st of 2027. >> So the worst case scenario, if you want to take that side, is we don't pass a moratorum, somebody comes in, applies, meets all the criteria, gets approved, and they can be doing this for the next year. And that's the worst case scenario before we come back with the zoning. >> If I may, one correction to that. Once they've with a zoning ordinance, once you've began a use, you can if a zoning ordinance has passed after you've been a permitted use, it becomes a legal non-conforming use and would be able to uh continue in perpetuity so long as they meet certain provisions and don't have a year of lapse. So, any of those that applied in that time frame and were issued would continue as a legal non-conforming use. >> And are you aware of anybody queued up to do this? There are two that have been submitted, one for sure, potentially two that have been submitted since uh the court case on the 30th notification. >> Two new ones that were not operating >> that were not operators of last year >> and they're fully complete applications or just uh inquiries. >> They they're complete applications with fees paid in uh rental inspection has not occurred. >> Okay. >> Okay. Thank you. >> Other questions of staff? So, to follow up on that, does that mean that any short-term rental that is in place right now, if we change the ordinance, they are allowed to be short-term rentals in perpetuity. >> Under a zoning ordinance, mayor, council member, under a zoning ordinance, that would be correct. Uh, seeing as the city attorney is wanting to lead for lean forward and provide comment, I want to make sure that I allow him that time. Uh, thank you, Director Sharp. It's always the lean that that gives me that chance. >> Pretty telling. >> I I think it's worth really understanding that that um all rental dwellings need a license in Weisetta and and that you have to apply for that and you have to meet certain standards like the property maintenance code and uh crime free, drug free training, that sort of thing. So, all rentals in Weisetta, whether they're short or long-term, you know, those those regulations would apply and they need to get a license. What would change uh if if the zoning ordinance were updated to essentially not uh make uh short-term rentals a permitted use in certain zoning districts, those dis those uses could only continue if they predated that change. That's the legal non-conforming use. and then it would need to continue. So, if for some reason someone sold a property and it was no longer rented out, they'd lose that right over time. So, that the non-conforming use has to continue. Um, and you still have to apply for and get a license. So if if someone doesn't qualify for a license because the property is not maintained or there's all sorts of police incidents going on uh the city could u deny the license and it wouldn't be permitted to operate that way. So there's really two layers of regulation that we need to think about when we look at those questions addressed. >> Okay. Other questions of staff? Um, I guess I'll bring it back to the council for discussion then. Um, who would like to weigh in first? >> Well, I'll kick it off. Um, I >> thank you, Miss McDonald. >> Appreciate that. I am in favor of this moratorum. I think it's prudent since we had really studied this, engaged the community and I think really came to uh the right conclusion. Um while there may be some debate uh about how we got there, I think how we got how where we got was the right place. So I am in favor of this moratorum and I am in favor of the emergency moratorum as well. Thank you for that. Go ahead, Mr. Sornson. >> Yeah, I think um it's important as we think about this um there's a lot of discussion yet to be had on this topic, we're going to get the chance to um learn more about where we are with, you know, as a city. Um after this meeting and as as time moves on. So there may be some opinions still floating around about what we did. Uh we'll have a chance to talk about all that but tonight is really about the moratorum and um I think I I'm in favor of this moratorum. I think we should enact it as soon as possible. And I say that because I think I think the intent of this and the reason it's kind of put in here's agenda item so quickly is very consistent with where we ended up with the ordinance we passed last year. And like Councilman McDonald mentioned, that was a multi-month process. Um uh so I I I I we already have two applications. I think we could expect more if we don't enact a moratorum and we'll have plenty of time to uh even discuss the moratorum if we do pass one uh later and even adjust it if we decide to. But um all in all, I think um uh I was glad to see that this was in the agenda and um uh it gives us a time we need uh to really think this through. Uh knowing that um we pass a moratorum and we have time to really uh digest that and if we make any changes, we can do it at a at a later time. So that's that's kind of where I'm at. Um, thank you for those comments. Before um we go any further, I just wanted to ask a clarifying question. It popped up in my head based on your comments. Is is one year the only term? Is that guided by statute or or how is that determined? And why is it one year or could it be different? >> Yes, Mr. Mayor. So, under the the state statute that authorizes cities to adopt this uh interim ordinance for the moratorum, it can be up to one year initially. So staff felt we would offer you the tool that would give you the most time. If zoning ordinance changes are adopted within six months, the moratorium can go away sooner. But it it again just takes pressure off uh the planning process. Uh we you we've adopted as a city six-month mortoriiums before and even three months I think. Um, but my general view as city attorney is that you might as well take as much, you know, take the the maximum amount of time you're permitted to take. You can always end it uh, you know, with another action whenever you want. >> Okay, thank you for that clarification. Who would like to weigh in next? >> I'll guess I'll weigh in here. Um we we talked about this obviously quite at length before and um we had a situation where because some of the people involved we knew from long-term being residents here and they were human situations that warranted kind of a a sensitivity. Um I would love to have seen a nuanced answer to this but because you can't really nuance this thing too well. it's either it's going to be what it is and it's going to be applied in one situation, maybe not the other. Uh so the council came down on this is just not something we want to have in the city. I was hoping for a nuance situation, but we couldn't come to one. Uh so I do support what the council did at that time uh because we couldn't come up with it and because that is the council's intent to not have short-term rentals in our city regardless of the human situations, then I would support this immediate moratorum. So we don't have anything else come in. >> Thank you, Mr. Cluck. >> Yeah, I was not on the council when this was decided, but I do appreciate and respect the decisions that were made whether I agree or not. Um, and so I I do support this moratorum. Um, not being on the council, I did not benefit from getting a lot of the public feedback that you all got um when you made that decision. So comments like Mrs. rictors tonight way they're important for me to hear um and I've heard comments from public on the contrary. So, um I do like I said I I support this moratorum right now. I guess I would ask that um as as a follow-up to what council member Ple has just said, if there are nuances that we can consider and kind of get this right, then I see this as maybe this is a, you know, this is in some ways a blessing of the opportunity to maybe get it right and um fine-tune this in a way that kind of makes as many people happy as possible. So, I'm in support of this tonight, though. >> Okay. Thanks, >> Mr. Mayor. If I could just point out that part of this ordinance does direct staff to engage in a study to address short-term rentals. So, that is built into this ordinance. It's part of what your charge to us will be if you adopt the ordinance. >> Okay. So, my position on this hasn't changed. I I would have like Alex been able to find a path for responsible regulation to allow them in some form versus an absolute ban. And so second um I have paused that we don't have a full legal briefing on the status of our existing case which which we lost. And so um the message I would want to send to the community is that we're looking at all options and going to take the path that makes the most sense. And this feels out of order to me. I would have liked to see uh the briefing on the uh the case uh before we impose a moratorum to understand all the implications or the path forward whether it be an appeal whether it be moving to um zoning as a as a remedy to to address this or or maybe going back to responsible regulations. So I think it's premature. I would have preferred to see this tabled tonight um until we got that briefing and then bring it back a week from now. So I am going to not support it tonight. it looks like I'll be the lone dissenting voice. It doesn't mean that I'm not in support of where the council landed. My issue is how the information is coming to us and not having a full understanding of the implication of the court ruling. And so that's why I feel um we're out of order in pushing the moratorum now. I'd like to see it after we've gotten the full legal briefing as to what our path forward is. And we don't even know what that is yet, right? We don't know if we're going to appeal. We don't know if we're going to pursue zoning. And I get that this allows us to study it, but I think it's it's out of order. So, with that, um I guess I would accept a motion uh to approve it, but it has to come in two parts. And I'm going to ask David to explain this because there's a nuance to how we um express a a motion to approval because it has to have two parts to either make it immediate or to require a second reading. So, if you could just explain that to the council so that we have a full understanding of procedurally what we have to do. >> Yes, Mr. Mayor. So, because this is a an emergency ordinance, it will have immediate effect. And under our charter, um when we adopt or when the city adopts an emergency ordinance, there needs to be two votes on the ordinance. The first is declaring the emergency that's articulated in the ordinance. Um and and that has to be by four fifths of council. That will allow the ordinance to take effect immediately. and then you follow up with just a normal vote on approving the ordinance. I know that seems a little redundant, but that's the way the charter works. >> Okay, thank you for that. Um, I just want to read into the record one comment that I got from an existing u lency holder um who wasn't able to be here tonight. This is from Theres and Bob Fiser. Um, we sincerely want our voice to be heard. We would welcome an opportunity to work with a task force or uh related uh group to come up with ideas and an action plan to identify and address the issues of short-term rentals. We local owners believe we want to have a positive relationship with our fellow community members. We are responsible residents and want to be treated as part of the community. Um so I just wanted to read that into the record because it was expressed and so I wanted their voice to be heard. So that done that. Um, now, uh, I guess I'd approve a motion in two parts, right? So, we'd first try for a motion to approve the preamble of ordinance 859. Um, do I need to restate it for any further clarity? >> No, Mr. Mayor. I just amend what you just said with declaring that there is an emergency need for the ordinance. >> Okay. So, is there a motion to approve the preamble of ordinance 859 acknowledging an emergency situation for the ordinance? Who would like to make that motion? >> Mr. Mayor, I'll make that motion. >> Thank you. May I have a second? >> Second. >> Any further discussion? Um, I'm I'm going to vote no, but it's not because I don't support where the council landed. It's because I I don't uh follow the logic of making this decision without a full briefing and understanding of the implications of the court ruling. >> Mr. Mayor, I' I'd ask you to do a roll call vote since we know we need four. >> Yeah, no problem. Uh, I'll ask the city manager call a roll call vote, please. >> Thank you. Council member Sorenson, >> I. >> Council member Pleish. >> I. Council member McDonald. >> I. >> Council member Cook. >> I. >> And Mayor Mullen. >> Uh, no. So, that passes 4 to one. And then we need to have a second um motion to adopt the ordinance 859 declaring a temporary moratorium on short-term rentals. Correct, Mr. City Attorney? >> Yes. >> Do we need any further clarification to just adopt ordinance 859 and declaring a temporary moratorium? Is there any further commentary? Okay. So, I would accept a motion to adopt ordinance number 859 declaring a temporary moratorium on short-term rentals. >> Make that motion, Mr. Mayor. >> Thank you. May I have a second? >> Second. >> Any further discussion? >> Hearing none. All in favor say I. >> I. >> I. >> Those opposed? Nay. That passes 4 to one. Um, so now that has been um adopted immediately, right? So that goes in effect uh as of this moment, correct? >> Yes, Mr. Mayor. This has immediate effect. It's technically not the first reading. It's the only reading of the or ordinance 859 and it has immediate effect. >> Okay. Thank you for that clarification. Go ahead, Mr. Swanson. >> Yeah, if I could just make Please >> just one one cl Well, so we have two people that have um applied for short-term rentals. How does this moratorium affect those two applications? Um, I would defer to city attorney Shelzel, but my guess would be since they've already paid and put in their application and are just waiting approval that they're >> I don't know. What do you think? >> Yeah. Uh, Council Member Sorenson and and uh, manager Joerger, I think we should probably uh, discuss that as staff. My my initial thought is uh, in general, we apply the law that's in effect at the time uh, the city takes action. And if those licenses have not issued, I would say they they they won't, >> but we can talk further about that. >> Okay. Um answer. >> Yeah. Yeah. Thank you. >> Okay. So, we will have a closed meeting session uh after this to discuss the implication of the court ruling and then when will we bring forward commentary in the public as to our course of action? Is it after a period of time for staff to to study this and offer a path forward or what? I'm just trying to understand the next steps for those that are tuning in that on all sides of this understanding. Okay, what does this all mean? The more terms in place and then what what period of time should we expect uh more information to come forward on our path? >> Mr. Mayor, I'll I'll I'll just take a first uh stab at that in responding, but I I'd invite Director Sharp and City Manager Jerger to follow up. I just wanted to say that this gives uh the city up to a year to adopt uh potentially new zoning ordinance regulations. Um and it also directs staff to like I said earlier to engage in study. I think this is related to litigation strategy which city will be city council will be discussing with council later on tonight. Um, and I think that will drive the timing uh of any potential new uh regulations that staff would bring forward, but council could say, "Hey, we'd like to hear within 6 months." >> Yeah. Uh, mayor, >> this is up to and then we'll work through it with you as when you're ready. >> Correct. Um, so that's what I was going to say. Uh, depending on where the council decides in our close session on what kind of next steps you might want to see, that could trigger additional workshops on this and whatnot. I won't really know exactly what timeline looks like to communicate until we know what we want to do. >> Yeah. No, and that's fine. And that's what I just wanted to clarify because if you're tuning into this, this is sort of a abstract concept and people are going to want to understand like what are the next steps that we're going to take action on. So, thank you for that. >> Okay, so we're closing that agenda item out and now we're moving on to item B, which is consider approval of the special event permit for 2026 concert by RBA. Uh, is there a staff presentation on this or? >> Um, I've just got the agenda packet. That's all I've got. Um, so thank you, mayor and council. So, as was placed in your agenda packet, um, Rick Bourne um, under RBA has submitted a special event permit to hold two concerts during the weekend of James J. Hill Days, which this year would be September 11th and 12th. Um, so as part of that, they're anticipating that it's about 2500 people who would be there each day. Um they are propo the applicant is requesting that the concert go from 700 p.m. to 11:00 p.m. on both nights. Um their application does not specify what type of music would be performed. Um they do propose similar to when other concerts have been um held down in this area to close the beach and marina and boat works parking lot starting on that Wednesday to begin setting up for the event. Um you'll see in your packet that there were many conditions listed on the permit application related to u minimizing impacts on uh the use of the marina parking lots surrounding community. So there's um things about noise mitigation p security personnel on site things like that. The one piece of this application that warrants more council discussion is around the end time for music. So, as I mentioned, the applicant is requesting an end time of 11:00 p.m. Historically, when we had the Beach Bash concerts, um, those were permitted until 11 p.m. with the understanding that music would end around 10:30, but kind of flexible, but the permitted tendest. was permitted until 11:00 p.m. Uh, the 2025 Hi-Fi on the Lake concert that was held by Makanda required music to end at 10:30. And so based on complaints that staff and I believe even members of the council have received about noise levels, particularly from concerts in 2023 and 2024, um staff's recommending um to place a condition of approval of ending the time at 10:30. um the applicant did include a letter and is also here tonight as well and can also address the council and answer any questions you may have. Um that the 10:30 end time does not work for them. Um so um that's where council um discussion is needed on what end time is appropriate for the community and when you want to um have a firm end time for music. So I'm happy to answer any questions and like I mentioned the applicant Rick Bourne is also here to answer any questions of the council as well. uh questions of staff and then we'll certainly give the applicant a chance to come to the dis um as well so that we can get questions answered. Any questions of staff? >> Just a couple just a clarification. So this is this action is whether or not to prove the permit at all in general and then whether or not to adjust for more time at the end of the night. >> Yeah, great question. Um Council Member McDonald, I should have been more clear. Yes. The action tonight is to consider approval of their permit and then address a specific condition of what time music has to end by. >> Okay. >> Appreciate it. >> I I just have one question. I I I heard your words but the memo uh is not as clear. So it says um with the understanding music would end at 10:30 similar to this year's request but this year's request is to end at 11. Right. >> Correct. Um, but in the applicant's letter, they state that their goal is still to try to end at 10:30. Um, but if there are weather impacts or other delays that they, you know, they're permitted in time would be 11. >> Got it. So, it's it's about the flexibility probably of of contracting the artists would be my hypothesis. We'll find out um from the applicant, but it's probably to have that in there for um flexibility for delays, I guess, is what I would characterize it. Is that a fair >> Yeah, that's that's how the applicant represents it in their letter. >> Okay. Thank you for that clarification. Um other questions of staff, I would invite the applicant to come and maybe elaborate on on the intent of this and brief us so that we can make an informed decision. Hello, Mr. Mayor and council staff. Uh, thanks for inviting me up. My name is Rick Bourne and I am the applicant for the Wham Wham Bash as we're kind of referring to it. So, happy to answer any questions. Um, let me if I could just comment on a couple of the comments you guys made. Um, this we've had 21 of these events that I've been a part of out here. They've all been permitted till 11:00. Um, of those 21, there's only one that went to 11 o'clock, and that was Toby Keith. Um, all the rest of them ended somewhere between 10:22, which is when we had the lightning storm and everything else, and and the we had to evacuate and it all worked out pretty well. Um, but generally, they've all ended at 10:30, 10:35, whatever. Um, with I I will say this, unless there's weather or or technical difficulties, which we've never had, but we have had weather. Um, it's e easier with an EDM type artist to end it. when you have team musicians out and it's just it's it takes on a whole life of its own and sometimes they just go longer and you're kind of trying to tell them and uh but we've never had a problem with it going past 11 and quite honestly it's usually like 10:35 is probably the average and that is the intent. Um, we would give instruction to whatever artists we have. 10:30 is the the targeted end time unless for some reason they can't start, you know, because of weather or something else at the proposed start time. >> Okay. Any other comments that you'd like to make or questions maybe for the applicant from council? >> Probably a few. >> Okay. Go ahead, Mr. Flickus. >> Good to see It's been quite a while since you've been here, so welcome. Um, the music hasn't been determined yet. Are you considering EDM? Because that was always like the big bone of contention. Yeah. >> The two times you had it. >> We are. Um, right now we're getting late in the process. Um, I I I was after getting the no vote last time, I wasn't sure if we were going to try to come back and do this again. Um, we've had a a tremendous amount of interest in reviving, especially on the James J. Hill weekend. Um, because it just has been a a kind of a long-standing thing. Um, what I've looked at, I I don't have the offers out yet. Um, I wanted to wait until after we got approval because I kind of got burned last year on it. My own fault. Um, so we'll see. It might I've kind of jokingly put it down as wham bash because I'm not sure. Um but one of the thoughts is maybe doing one night of EDM and one night of country or something like that. But it'll ultimately come down to whatever talent we can get at this point uh that's available. So um I would ask the council to to consider either one of the genres as long as it ends by 10:30 quarter 11. Well, certainly as we've worked with um the city and staff and everything in the past um after the first Whamfest we did, which was the first night of the Whamfest was quite loud and and that was when the complaints came. Um I believe we mitigated a lot of that on the second night and we had none or very little complaint. Uh none nothing out of the ordinary the second night and then the second year we came back and we did baffling under the stage. And so it's really to try to protect the the houses behind us and everything else. And so we'll continue to do all those things whether it's country or rock or or or EDM. Um so that's one thing. One of the other things too that I think um um I think it was council member McDonald brought it up in one of the other application rounds was the length of time, you know, that it went on. And that's, you know, maybe as important as is how, you know, whether it's 10:30 or 10:45, it's just the length and the duration of of because it's loud, you know, I mean, it's an outdoor concert. Um, one of the things we would we would and I don't think it's in the application, but I want to highlight if and if it's not, we'll make sure that it's there is that we we will start the music later. So, we'll start it at 7 o'clock instead of six o'clock like we have in the past or probably even 7:15 um is when we'll start it. We got to time it around if I don't know if the city's still planning to do the the fireworks or not. We've always had to kind of time it and space it for that as well. Leave an opening there for the city to do the fireworks that's out in the bay. And I don't I don't know if that's happening or not, but >> um so that was also part of it. But so we'll start it later. The the actual time will be shorter um than it has at its peak, I guess. um with the goal of ending everything by 10:30. So that's the plan. >> So I did notice that you put in your letter that you were willing to extend the start time to seven uh which shortens the concert. So help me understand why six a six o'clock start doesn't work and just ending it shorter. >> Yeah. Um there's a few reasons. Um one is is is the light show. you know, you talked about Makanda, um, and what they had done with the Wi-Fi or hi-fi on the lake or whatever it was. Um, you know, that the the level of entertainers we're bringing in. Um, I mean, they're these are historically they've been touring acts that do arenas and c, you know, big stadiums. Toby Keith's instance or Dirks Bentley or the GooGoo Dolls. Um, they don't much like to play in the daylight. you know, they want they want the light show and everything else and that's kind of driven a lot towards that. Um, so that's really the biggest reason why and quite honestly people don't get there I mean that early. Um, we learned that from a lot of them. I mean we had uh instances where the doors open and the music started there was nobody there to watch it um because people just don't want to go to a concert at 5 in the afternoon. >> Yeah. >> Um so that's really kind of the >> So lots of lessons learned and that's just one of them. Yeah. Yeah. That's really what it is. >> And I'm hearing that light show is part of the spectacle and that looks better at night than >> Yeah. It's part of And that that goes where there's country rock or whatever, you know. So, >> it's a big part of EDM though, right? >> Yeah. For sure. >> Yeah. >> For sure. You know, it's a bigger part of it because it's just usually a person or two on the stage >> pushing buttons, you know. I mean, >> yeah. >> But but even for the, you know, I mean, I I we've had to tone down some of the other stuff. I mean, in the Sammy Hagar year, we had to tell them no cannons that they wanted to shoot off confetti and you know, we said no, we were not doing that because we'd be picking up confetti for a month. So, um >> you shut down cannons and weetta. So, >> yeah, you know, I I I didn't want to push the limit here, you know. >> Yeah. Um yeah, I don't really have a problem with extending myself. I'm just curious about the uh some of the details. You did say in here that if we didn't approve a 10:30 or 11 that it that it's a dead deal. What is the real reason behind that? Is it because people don't want to start or they're coming in late or what what what question? Um there's two parts to it. One is what I talked about, you know, that the artists and they are artists. They're they're >> the writers are extensive and what they will and won't want to do and it's just hard. But the biggest reason is is really it's from 10 is too early. 10:30 is, you know, I I think more normal. Um that's when a concert at Target Center will end or you know, generally speaking. Um you know, and really what it's do is protect. Um if we if we don't if a headliner artist and that's who we pay all the money to and and it can be three, four $500,000. If they don't go on, we technically have to refund all the money. We've got all the expense in the show. The artist still gets paid and we have to refund everybody's ticket. So, it it creates a liability that's just kind of, you know, if it was an indoor show, it' be a different thing, but it's an outdoor show. And these are these are risks promoters always have to face. But you try to mitigate that with okay, if the show if it we have a downpour in lightning at 9:00 at night and they can't get on until 10:00, at least they can get an hour in at that point. And then we don't have to we still have to pay them. We don't have to give refunds to all of the the people. So that's really what it's all about. >> Good. And that that's kind of what I wanted to hear. So thank you for that. >> Yep. Okay. >> Other questions? I just have one. Mr. Mr. Bourne, would you be open to like limiting one night of EDM so that we we can put at least a guardrail on that versus two? Because >> first of all, I I like Alex and I don't have a problem with extending the hours based on the rationale that you just argued about the why behind it, right? And also >> 20ome years of history here. Um I think it's become somewhat of a tradition in the community. I'd hate to see it, you know, be per that chapter be permanently closed. And I respect and understand when you're fronting that kind of money. Um, you need some certainty to to be able to contract in a way that is an appropriate riskreward scenario for for you and your partners to put on the show for the community. So, would would that would you be open to that at all or? >> Um, the best way for me to answer it is is is I'll I'll start with what my preference would be. My preference would be to do one night of each, >> you know, that would be my preference because that kind of especially, you know, there were some years where we're doing one in June and one in September. >> And I think it, you know, it worked as two different genres of music tracks different people. It appeals to different people in the community, you know. Um, but um, with this late in the game, it might be hard, you know. So, I I'd like not to box myself in on that. If all we can get is it might be two nights a country. I mean, I I don't know exactly what we're going to get at this point. I'd love I'd like to have the flexibility, but I I I can go on the record stating I'd like to have it be one of each if I could have my preference. And I can know better going forward. Um, you know, on that, but um, so I I I I hear it and I'd like not just to be confined to it if all we have is EDM. I think what the real issues, I don't think anybody cares if it's two nights of country, I'm going to guess. Um, or a night of country or two nights Iraq. I think it's it really comes down to we'd like this council would probably prefer to have not two nights of EDM and you know like I said I would like to see the genres split too. So but I can't guarantee it. I'd like not to be confined to that if possible. >> Well and my sense of the fatigue in the community is not about one weekend. It's about multiple weekends that tips it, you know, uh for for people's tolerance level. Um so I just wanted to offer that as well. So it's not just >> just one weekend, but multiple weekends I think people are maybe >> less inclined to support in >> Yeah, I I agree. But I also do think two nights in a row something I mean the amount of feedback, we'll call it was um immense. And so two nights in a row I think would um I think they blow a gasket again. Um, just so I'm clear, um, two nights of was immense. You're talk I think you're referring to the Makanda thing though, not not the Whamfest, right? >> No, I'm referring to Whamfest. I mean, all of them. It's been three EDM shows in a few years and um, they all brought immense feedback, negative feedback. Um, unfortunately I I do remember the second night of the original first one being much better. >> Yeah. >> Um, but I don't think the public really knows which promoter is louder. They just >> Right. >> You know, cuz um the hi-fi one um I don't think worked out well either. So, respectfully to Mayor, but I think it's actually the two backto back of something people don't. >> Yeah. Versus two um weekends. >> Yeah. >> Do you feel the same way about two nights of country? >> It doesn't matter what I think. >> Well, I guess I mean, do you think the concern is just two nights of any kind of music back to back? >> No, I think it's two night I think I think it's EDM specific. Okay. >> I of all those years um now I haven't been a council member for 20 years but for six um I only ever got that feedback with EDM which um >> you know I really enjoyed myself at Stevoki. So um again it's not how I feel. It's about um what the public doesn't like and what they do want. Mhm. >> I'm hesitant. I'm fine with the 11 p.m. That seems perfectly reasonable. Um, >> but the risk of hearing more of that two nights in a row feedback is um a little a little nerve-wracking for me. >> That's kind of where I'm at this one. >> Is there any such thing as a mime concert? You >> could weave that in. >> Could try. I don't know. Interesting. artistic expression, right? Um, okay. So, are there any other questions of the applicant? We'll bring it back to the council for discussion. Any other questions of the applicant? >> I guess if would, this is probably I'm just going to ask the question. Um, if you ever got if you got the two night approval but only found uh one you only could you couldn't find an artist outside the genre for night one or night two as the other option. Could could the event just be a a one night thing? >> Good question. Um, anything can happen. You know, you can make anything happen. Um, is the very first year we did this was 2013. It was the beach bash and there was a bunch of concern about this. I mean there was rightfully so. It was a kind of a new big thing with, you know, 5,000 person capacity and there was concern and we did it one night and it was um big and rich did it and it was we only had like 3,500 people come but it was it was good and it turned out to be a success except for the promoter lost a ridiculous amount of money and it and because it was one night and you have all the infrastructure, all of the portaotties, all of the fencing, all of the security, the stage, sound, lights, all that stuff. It's like and you only get one night of it, it's economically really hard to do um to do it that way. So, I mean, could it be done? Sure. It's just a lot harder to do because there's there's at least the way we do it, the stage, sound, and lights alone is is a huge number. So, that that's what makes it a challenge. >> I understand that. Thanks. >> That's but that's why I didn't ask for three nights, you know, because I knew that that would really push it over the limit, I think. So, but >> All right. Any other questions of the applicant and we'll bring it back to council for discussion. Okay. Hearing them. Thank you, Mr. Borne. And thank you for the years that you've been doing this as well. >> Yeah. And I did notice the later start time. So, I appreciate that. >> That was actually meant for you. >> Okay. So, we'll bring it back to council for discussion. So, I think what we're being asked to to do is extend the time. Uh, and it's permitting for two nights is what what I'm hearing. So, who would like to weigh in first? >> I'd weigh in first. >> Okay. Thank you, Mr. Cook. >> I'm in support of the later start time and I'm also in support of like I I don't want to limit the genre to like say I I I put a lot of faith um in Mr. Bourne in doing the right thing. I I think he's proven that he will do the right thing. I mean, he just talked about all we learned about like it was too loud, so we put baffling under the stage and we tried to mitigate as as much as possible. I think um he I'm going to trust that he heard some of the comments here and he's going to do like like I I totally believe and have faith in him that he wants two genres and if he can do it, he's going to pull it off and I I it's a great community event and uh want to see it move forward and continue on for many years to come. >> Thank you, Mr. Cook. >> Go next. >> Okay. Thanks. Uh, Council Member Cooks really summed it up well too. I do I want to see this move forward as well and I will put some faith more the faith in you uh Mr. Bourne for making this happen and I do think um part of a miss was the high-fi the stage faced the wrong direction. So, it just was this like trigger moment, I think, for the community with the EDM flying up the hill. Um, so I'm game to give it a go again. Let's do it. >> Thank you. Who would like to go next? >> Yeah, just go down the line. >> Sure. >> I really have no problem with this. Um, this has been an event now that is being affiliated with Weisetta. We're kind of getting known for this. that's become a bit of a tradition and there have been lessons learned along the way both from council and from the promoter and all that. Uh those lessons have been learned. They've been put put been put into place and and uh there may be mistakes down the road as well, but we're always handling them it seems pretty well. Um and I and I have no reason to to go against this. I I guess I welcome it. >> Thank you, Mr. Clash. Mr. Sorenson. >> Um not much to add. I'm I'm in support of this. I think it's generally in compliance with the ordinance. Uh it's good for our community. I like the fact that it's on JJ Hill weekend because there's already a lot already a lot happening in our community and and uh in the in in the downtown area. But, you know, I do I hope uh um you keep in mind some of the comments about the EDM. I mean, I think and we're all hesitant to say no, no, you just could do one night EDM, but you know how we feel about it. So, keep that in mind for the future. >> Thank you. I I don't have much to add. I mean, I trust that Mr. Bourne hears our concerns. You know, he's got major financial risk on the table as well. He wants to do this for the community and his partners. Um, I would sure hate to close the door on it. And I think you've heard our concerns and I have every ounce of faith that you'll honor our concerns to the best of your ability and put on another worldass safe event. So, I too would support moving this forward. So, um, with that, any other comments before we move to a motion? >> Um, and Mr. Mayor and Council, if I could just request that when you make the motion, confirm that the end time. I believe based on the discussion, you're comfortable with 11 p.m. Okay. Just confirm that. Thanks. >> All right. No problem. So, I would accept a motion to approve the special event permit for 2026 WhamFest by RBA with the clarification that we're also acknowledging the flexibility of the the the later time to give him the flexibility of um the start and stop time, you know, within that window, but the flexibility needs to make it work. >> I'll make that motion for you, Mr. Mayor. >> I'll second it. >> Thank you. Uh any further discussion? hearing none. All in favor say I. I. >> That passes 5 to zero. Good luck, Mr. Bourne. And um we know you'll honor our comments tonight. So, thank you. >> Um next is city manager report and discussion items. >> Uh thank you, mayor and council. I'll be brief tonight. Um, as we proclaimed um, Arbor Month, I wanted to highlight that Arbor Day, we will be giving a free tree giveaway, and you can sign up for that now um, to get a free potted hackberry tree. Um, I believe we gave all trees away before the sign up deadline last year. So, you know, we do run out of these. So, you can go to weisetta.orgfetry giveaway to claim one. Um, the final deadline is May 4th, but like I said, sign up earlier if you're interested. And the last thing I would note is that the spring book sale will be April 11th and 12th. Um so this Saturday and Sunday, Saturday the hours are 9 to 4, Sunday from noon to 3 and they will be um in this room in city hall. So if you want to pick up a few books and support the local library, you can do that this weekend. That's all I've got. >> Okay. Any other discussion items that any council member would like to bring up? Mr. Sornson? No. Okay. So, um, do we have anyone on teams for the public forum? Uh, M. City Manager. >> Mr. Mayor, we do not. >> Okay. So, I would accept a motion to adjourn tonight's meeting. >> So, move, Mr. Mayor. >> May I have a second? >> Second. >> Any further discussion? >> Hearing none. All in favor say I. I. >> Those opposed. We are journed. >> So, Rick, you don't like