indivisible with liberty and justice for all. [clears throat] >> Thank you. Item B, approval of the agenda. And I would just like to note that within the [clears throat] regular agenda number one will no longer be on the agenda tonight and is being pulled at the request of the applicant. So, I uh will gladly take a motion to move an amended version of the agenda without regular number one. >> So, moved. >> Is there a second? >> Second. >> There's a motion and a second. Any discussion on the amended agenda? Seeing none, all those in favor, please say I. >> I. >> I. >> There are none opposed. C. Presentations. Do we have any presentations for tonight? >> No. There are none. Do we have any public comments or inquiries, Sergeant? We're good. Okay. No public inquiries on the consent agenda for tonight. Approve payments and dispersements. Two, accept improvements and approve pay request number two for the 2025 mill and overlay project. Three, amend the motion authorizing engineering services for 2026 crosswalk layouts. Four, approve MPCA grant agreement for the north water treatment plant. Five, authorize geotechnical services for CASAW 14 water main project. Six, approve first amendment to development agreement for Prairie Sky Twin Homes. Seven, approve landscape security reduction for Union Park phase 1 development. Eight, appointment of deputy city clerk. Nine, approve to change job job description from administrative services coordinator to administrative services director. 10, approve 2026 liquor license renewals. 11, approve the 2026 meeting calendar. 12, reappoint park commissioners. 13, reappoint economic development authority commissioners. 14, reappoint planning commissioners. and 15 authorized certification of delinquent storm water bills and utility bills. And that is the consent agenda. Is there a motion to approve the consent or to amend? >> Move to approve the consent agenda. >> Second. >> There's a motion, a second to approve the consent agenda as written. All those in favor, please say I. >> I. >> I. >> There are none opposed. That brings us to the first item of regular agenda which now is the lawful gambling city code update and revenue spending finance coordinator Kramer. >> Yeah. Hi everyone. I really don't like presenting or public speaking, so this is not going to be fun, but I'm going to try my best. Feel free to laugh if needed. Okay. So, what is lawful gambling? It is the operation, conduct or sale of um bingo, raffles, paddle wheels, tip boards, and pokes. And we have three current um charitable gambling organizations that conduct business within the city. And so we had an inquiry from one of those [clears throat] organizations about our process, what we are spending our funds on, and going forward, why we haven't filed information with the state. So we are looking at our ordinance and it was determined that it needed some updates. So, I worked with Sarah um on those updates and what I sent to you in the packet is what we had come up with and so there are a few changes. Um it was originally adopted in 1997 and it was more restrictive than state statute. So, we had the premise permit issuance updated to not include um an address from the organization within the city of Lake Ao and it defaulted to the state regulations for that. Um, and then all of our updates align with the Gambling Board, League of Minnesota Cities, and Sarah's recommendations. And some other ordinance changes where the let's see outdated liquor gambling section removal of 3% gross receipts requirement and no premise permit fee or renewal permit is required since we weren't doing that previously. And then we did add definitions in trade area, which I suppose is probably the most important one that I forgot. Um, which outlines where the money can be spent. And we updated that to include all of our local cities that are surrounding us, including the different um three different school districts. [clears throat] And then I guess so now it's just a matter of a question of once the ordinance is updated updated whether or not we collect the 10%. Um and we were already previously had it in our ordinance. We're just not enforcing it. So we would like to enforce it um for those three. entities that are currently operating within city limits. So, [clears throat] um where am I going with that? Sorry, lost my train of thought. Okay, so um one of the requirements of the state statute is that we create a gambling fund. So, we did do that this year and all of the money that we collect is going into that fund. Um, and then we will be reporting [clears throat] the contributions received and the uses of those funds and we will also be putting them in the budget um for next year. And so, our we're tenatively budgeting 20,000 in revenues for 2026. [clears throat] We actually just received another check from Oakdale Athletic Association this last week and so we're up to like $6,500 in um revenue that we have collected. So we don't know what the total is going to be, but we will be having at least two more once tap [clears throat] and ladder um is up and running because they did ask already [clears throat] for charitable gambling permits for that. And then our recommendation for the use of the funds is to allocate the funds to the Washington County Sheriff's Office, which is allowable under statute. Um, and it directly benefits all Lake Elmo residents. And I have recommended motions to adopt the new ordinance. Um, publishing the summary publication of that ordinance and then authorizing us to use those funds next year for the law enforcement contract. Any questions? >> Questions from M. Kramer. So when you talk about like the Oakdale Athletic Associ association operating at Twin Points is that they sell pole tabs. >> Yes. >> At Twin Points and same for the Still Water Area Hockey Association. They sell them at Lakewood Tavern. So there's no like >> just a a bar or restaurant that has this would apply to as well. >> No. >> Okay. >> No. They have to apply for a premise permit to operate at those locations. And so you had already approved those three that we currently have. So >> question then. So historically we've had in place our ordinances for this for years. >> Yes. >> And that included the 10%. >> Yes. >> And have we ever historically been voluntarily provided 10% from any of those entities? Obviously the the oldest one would be Twin Point, >> right? So So previously it was just the JC's there and um Oakdale recently took over for them in March of this year, but the JC's [clears throat] always donates more than what they actually earn because on top of their pull tabs, so we hadn't been collecting because they were voluntarily just donating those proceeds to us. Um, so but Oakdale when they started automatically started sending us checks this year. >> And I guess the root of my question is because I I know pull tabs are regulated by the Department of Revenue and they do audits with those very regularly. >> The Minnesota Gambling Board. Yeah. >> They work together with them and the revenue will go out and do site visits with the gambling board. And >> I'm just surprised at no point when they're checking their books, they haven't seen. >> It's not their like it they wouldn't enforce them to send us that money. It's on us to enforce those regulations enforcements [clears throat] and we did not do that. >> And then what does that look like moving forward then for staff time and how that process works to ensure that happens? >> Right. So the checks I well so that's just a matter of uh processing any funds that come through and keeping track of that for the paperwork [clears throat] that needs to be filed by March 15th and I don't know I figure it'll be about an hour for me to do that and then it's just matter of filing said paperwork but we'll have to work with Julie on how we're going to collect that but since she's out on medical leave I have not been able to do [clears throat] that >> in the case in the case of party barn, it's not a process change for them because it's new anyways. So that they haven't it's not a change for their process. >> No. No. >> Do they have pull tabs? >> They will. >> They will. Yep. >> And that'll be that like that they profit off of. >> Yes. >> Not a association fun. >> It goes to So they are with Woodbury Area Athletic Association >> for an association as well. >> I guess maybe just to follow up on that. I mean, is that do they split the revenues with those associations or do the associations like does Woodberry Athletic Association with the Party Barn do they take all the proceeds from the pools or is that a split? >> So, I don't know exactly how that works, but I do know that they have to typically pay some sort of like leasing fee to have their like stand within I don't know. Sure. Yeah. I don't know how much it it's set in statute. I didn't really look into that side of it because we don't regulate any of that. That's all regulated by the gambling board. >> But it sounds like these are primarily done for the purpose of raising funds for these associations. >> Yes. >> And then just to be clear, we don't have to charge a we don't have to collect revenue from these. >> Nope. So if you wanted to tell me we shouldn't, we can certainly not do that. Also, >> and the funds, they're allocated [clears throat] towards the Washington County law enforcement. Have they always been allocated for Washington County or is that new? >> New. So, this whole process is technically new because we hadn't been collecting the funds. >> Okay. >> Previously. >> So, Matt, it's charitable gambling. So, charitable associations generally keep most of the money. They can pay a small portion under law to the establishment where they have their they're set up within but don't have to >> but the but the association where they're set up like you know party barn or whatever doesn't doesn't profit from that >> great under law. >> Thank you. [clears throat] >> There's no profit >> I guess process-wise. So in this uh recommended motion, so it goes to the sheriff's department who we depend upon for great work. I assume there are identified things that have already been discussed for how those proceeds would be used then by the department. >> Uh we don't actually we just go towards the overall contract amount that we pay every year. [clears throat] >> So to help reduce the amount that we're using from the operating budget. >> Yes. But I mean, you can use it for any of the other things that I outlined in that guide. So, I mean, it's not like you have to. It's just our recommended because that way everybody benefits that lives here from that. [cough] >> Any other further questions before a motion? As we can't discuss ideas without a motion, >> move to adopt ordinance 2025-07 amending the Lake Elmo City Code of Ordinance by amending chapter 11.04 relating to lawful gambling. >> Second. >> Discussions on ordinance 017. So is this where Nope, never mind. So this is topic three is where it's regarding where it goes to. Any discussion on ordinance 17? >> Seeing none call. Oh, so okay. I just want to make sure. Um, >> so this is pertaining to the 10%. >> That's motion three. >> That'd be motion three. >> Yes. >> Yep. >> Got it. This is specifically for just the ordinance because it needs to be [clears throat] updated >> regardless because it was a lot of antiquated language in there. >> Okay. So, >> okay. Perfect. Thank you. >> Good to go. >> Good to go. >> All those in favor of ordinance 2025-017, please signify by saying I. >> I. >> I. >> There are none opposed. >> They didn't update the resolution number. Sorry. Move to adopt resolution 2025-081 authorizing publication summary of ordinance 2025-17. >> I'm going to go out on a limb here that there's probably not discussion on a publication summary and I will need to vote on this one. All those in favor of resolution 202 >> support first. >> Second. >> Good point. [snorts] >> And there is a second. All those in favor of 2025-081, please signify by saying I. >> I. >> I. There are four yeses for that. >> Move to authorize staff receive budgeting for lawful gambling revenues in fund 210 and to allocate the proceed towards the city's law enforcement contract. >> Second [clears throat] discussion. >> I guess I can uh start it out. I I just I would prefer to um I think this is something we could come back to in the future. Um if there's other uses or uh way that gambling is is being done in the city, I feel like for this these are specifically for sports organizations or they're fundraising money for kids to be able to play sports um and to to make those more manageable um financially. Um, it's $20,000 is what we're budgeting. Um, I, you know, I know every dollar counts for the city perspective, but I I think $20,000 probably matters for kids [clears throat] that could could benefit from that from like a sports standpoint. So, I I would prefer to just I guess kind of continue with what we've been doing. Um, but I guess just make it concrete that we don't actually [clears throat] have a um a revenue share. We don't take some of the revenue from these [clears throat] fundraisers, from these associations would be my preference. >> Acting mayor. >> Yes, sir. >> You know, I think it's kind of we're designated towards a law enforcement contract, but in some ways is it's irrelevant. We have $20,000 that we weren't planning on getting. we can, you know, give it to law enforcement center and to reduce the other budget by their budget by 20,000 to make them neutral and use that for you sports. It's kind of a, you know, slight of hand in some ways. We're just adding $20,000 general to our revenues and we can spend this only for certain purposes, but that doesn't mean, you know, we can't up our spending somewhere else or we could reduce our property tax levy by 20,000. I am shocked that you would suggest that. >> Unfortunately, that's not a covered expense there. But yes, >> additional thoughts. >> I I I concur with Councilman Hearn. No additional thoughts. >> So, your thought would be to have it be zero%. >> Yes. Yep. And my my thought again, there's no one on the planet who's going to say a donation to law enforcement is bad. >> Correct. >> Um but in this case, you know, if it's for a specific program, you know, helping with the K9 training or giving additional equipment, absolutely. If it's to my thought would be if it's to help reduce the the burden for our contract and it's just shifting. Um my thought was we have other costs that we do on a yearly basis are the labor costs for um July 4th parade for festivals. Some of those things that are yearly that benefit the community as a whole and are nice to haves was kind of where I was going to be leaning. But honestly maybe it's worthy of just at this point we don't do we have to designate something at this point. So, not even an issue of 0%. Can we not designate a anything for the fun yet or do we have to have something where it's designated >> only if you want to spend the funds? So, I don't really I would have to ask Sarah how that would work for all of the money we've already received because I don't know if we would return it to them. We would >> still if I may. >> Yes, >> acting mayor. uh if we've received the funds, those were largely somewhat donated. But if if there's if it's just not budgeted to expense, it just sits in that fund. Right. >> So anything that we haven't >> approved for purchase essentially, we haven't budgeted. It just sits in that fund. And there I don't Did you say there's no requirement to spend the funds in a certain period of time? There >> is not. So we can essentially collect those funds, wait until there's a some amount, just have it kind of sitting there until there's a purpose that we remember we can use that that money for. >> So we could use as a ad hoc situation in 2026 when we want to have um >> so something special for July 4th parade >> so long as it fits within those statutory uh requirements for those funds. Yeah, that's absolutely correct. You can use it for the Fourth of July parade actually. [clears throat] >> Oakdale uses theirs for their summer fest a lot of times. >> And I guess that's where I would kind of lean myself. But we essentially have three different thoughts going on right now. And we have an underlying motion here to have it be 10% and to go to the Washington County Sheriff's Department, which is a fantastic entity. Maybe just to add to this too, I mean again I think it was kind of brought up. It's like well what about the resources that are going to have to be spent to collect this money, right? The staff that's going to have to monitor this shaking. No, it's going to be easy. >> No, I don't think it'll be that. >> Okay, >> we already we already have numerous >> now that it's been brought up, it shouldn't be that difficult. >> Okay. Well, I guess I suppose go back to my first point then of I just if it's a sports associations for youth sports, I don't think we need to take $20,000 from the youth sports in this situation. >> That's fair. >> We're not taking it from them. >> Well, what Yeah, we are. I What are we doing for this revenue? They're they're doing the fundraising. What are we getting from it? We're getting revenue that they're they're doing the fundraising. That money would not have come to us. >> We're we're allowing them to do the fundraising in the city of Lake Elmo. >> Allowing them to put pole tabs into a bar. I just I I don't think that's a big ask. >> I don't either. >> Well, I that's fine. I I don't think we need to take the $20,000 from the youth sports. >> Further discussion on the underlying motion for motion number three. Seeing none, I will call the question. All those in favor to move to authorize staff to proceed with budgeting for lawful gambling revenues in fund 2110 and allocate it to the city's law enforcement contract. Please signify by saying I. >> I. >> All those opposed. >> I >> I >> I. Motion fails. One, two, three. Is there another motion anyone would like to make? >> Uh Mr. Acting mayor. >> Yes, ma'am. >> Um a clarification point. The ordinance that you just adopted has the 10% in it. >> Yes. >> So, I don't know if you want to go back and [snorts] amend that or not or if you just want to leave it in there and not enforce it like you were doing. I guess that's an option, too. So, you should probably have a discussion about that. >> If anyone wishes to change that, then the motion would be a motion to reconsider. Otherwise, there would be a motion to dedicate it to a specific area or we move on to the item three for chief. >> Um motion to reconsider ordinance 2025-017. >> Second. >> Please discuss your Oh. Well, all those in favor of the motion to reconsider, please signify by saying I. >> I. >> All those opposed, same sign. >> No. >> No. Motion does not pass. So then we have so one and two remain in place but at this point we have not dedicated to any specific fund for for that. >> Yeah, Mr. Acting mayor, I'm not aware that a unanimous vote is required for a motion to reconsider. It just needs to be brought by somebody on the >> Oh, it's just a motion to second. >> Yeah. And then if you get them to reconsider, so let's say the motion to reconsider passes, then you go to the main motion, which is the ordinance, and you reconsider that ordinance. And then at that point, sounds like council member Hearn might want to make some changes to the ordinance before it's adopted. >> So the motion to reconsider is not voted on. >> It's voted on >> and there's two two tie. >> It's just saying, "Hey, can we go back to the ordinance?" >> Correct. >> And talk about it. And >> 31 vote I think on that. >> The motion to reconsider tied 22. >> Oh, it was 22. >> Okay. Then then it did fail, I guess. >> Got it. >> So then we remain one and two have passed but we do not have a current allocation for fund 210. Um it has been clarified we do not need to at this time say where it shall be dedicated to. Uh so we can have an additional motion if there's a specific place that someone would like or we can go from go from there. Seeing no further motions, I will move along to item number three, statewide volunteer firefighting plan. And thank you for the presentation and thank you for acting on this as well. It is always good to be able to have some process improvement and update ordinances as needed. Chief Callus, >> trying to get my uh microphone on. There we go. Um Mayor, acting mayor and council members, uh before you've got a presentation or just a um staff report on an increase to the um statewide volunteer firefighter plan. It's the uh pension that goes to our paid on call firefighters. Um January of 2024, we entered into the statewide volunteer plan. It's administered by Minnesota PAR um and basically eliminated our relief association at that time. That would um take care of the the relief for the the pension benefit for the paid on call firefighters. Um coming to council tonight to ask for an increase in that benefit. Our current benefit level stands at $8,000 per year of service and asking to increase our benefit level to $9,000 per year of service. Um as part of the SVF plan, um PAR provides us uh a report in July of kind of where we're at with our um benefit plan, how it looks, and uh they give us kind of a report card of where we stand. Um, one of the big keys to that uh that report is our um funding amount. And in our funding report or our funding amount for the last report um of July that came uh July of 2025, um we are 147% funded. Um we had a retirement um that was paid out a large retirement that was paid out this past year just a few months ago um at uh nearly a4 million dollars. Members served 32 years of service. Um so that liability amount was taken off and um appreciate Nina for working on a calculation for us. Our funding amount right now um based on the the last report is now at 134% with that large dollar amount taken out of there. So um currently our funds well funded um is in good standing and um asking council for support to move to our benefit level to $9,000 [clears throat] per year service. Um >> thank you chief. In the staff report, I did I did uh include some neighboring fire departments that do have relief associations or um benefit plans that are in the SVF. And though I didn't have some of the 26 increases known, um I took the 25 benefit levels and the ones that I did know that were having increases through 26. And out of that group of fire departments, we fall pretty much right in the middle. um when we're at $9,000. Um I don't have much more to go over. So if there's any questions um [clears throat] questions for chief for those >> I just have a potentially very dumb question, but if like let's say you served 20 years, is that $180,000 pension per year for that firefighter? It's $9,000 per year of service. So, um 20 years is vested at 100%. Um 20 years times 9,000 um dollars would be the payout amount for that individual at age 50. It's a one it's a current our current plan's a lump sum payout. Got it. >> After the age of 50, >> um >> Okay. >> Our our vesting amounts when we went into the SVF changed a little bit. So, our firefighters are vested in this plan at 40% at five years and they're 100% vested at 20 years. Um, >> okay. >> The other big piece to this too is um where the money comes from. It comes from the state. It comes from the uh um fire state aid and by statute fire state aid has to go to the firefighters uh retirement pension. Um, over the past few years, we've seen this dollar amount go from roughly $60,000 in 2017 to $117,000 this year. So, there's a big calculation and formula on how we get to that fire state amount. um because of our growth, because of our development and um market values, that all kind of plays into um that fire stated amount that we get from the state and that's a direct pass through to the uh um to the pension fund. So, >> sure, >> that's how this is also funded um on top of our um the investment accounts that are are managed through PAR. Okay. >> Thank you. >> Other questions for chief Motion to approve resolution number 2025-077. Resolution opting to increase the benefit level for firefighters who are vested in the statewide volunteer firefighter plan to 9,000 per year of service. >> Support. >> There's a motion and a second to approve motion 2025-077. Any discussion? >> I think this is a good move for the city. We need to have something that makes worthwhile for people to serve as volunteer firefighters and we need to be competitive with our neighbors or we won't be able to get volunteers. And um I I think this is a very wise decision on the part of the city and I thank them for their volunteer service. >> I think you said it for the council right there and thank you for bringing this to our attention as well. I know in the past this has come up again in prior years. So, thank you again for getting the increase in there as it is warranted. It is necessary and it is deserved. All those in favor of motion 2025-077, please signify by saying I. >> I. >> There are none opposed. Motion passes 40. >> That brings us to council reports. anything. >> I was going to give discussion on the theory of relativity in astrophysics. >> So, moving on. >> No report. >> No report. >> No report. >> Uh oh. Whoa, whoa, whoa, whoa. Jumping right over you. >> Geez. Uh, so, Council Member Craignness and myself attended the Lake Elmo Airport Advisory Committee meeting yesterday. >> Yep. And among the main iss topics, yeah, not even issues, topics, uh, the noise complaints data was presented and there are four households who provided over 1,000 complaints over the last 3 months. It is the highest level of concentration of complaints in the metro for any of our airports. Uh it's also consistent and above and beyond that we had an pretty good conversation about ways to focus on the positives of the airport and myself and the other co-chair Luke Peterson met with school district 834 last week along with members of the EA which is their experimental aircraft association and the Lake Elmo Arrow which is the teaching school to discuss ways is to get a student pathway for kids to get involved in aviation whether as a pilot, as a mechanic, air traffic controller, whatever it is, and to get them involved in it at a younger and younger age as those jobs will not be taken by AI and they are well paid. So that that conversation is moving forward. Several ways were identified where the district can be incorporated into airport uh logistics starting this year and uh I remain optimistic that a pathway can be created long term. We're going to have to we're going to be talking with the county and probably Delta and Sun Country to try to get a funding mechanism for long-term sustainability. But I I absolutely think it is a win-win for the community. It's a win for the airport. It's an asset for this community. It's a positive thing to focus on and I I think it's it's something that we can definitely leverage for everyone's benefit especially our kids so they can pay for their parents' retirement by being a pilot on a long haul route. That would be fantastic. >> So when is that pancake breakfast >> the [laughter] >> let's go straight to the food. So, the experimental aircraft association holds a pancake breakfast and it is the it is in June and Marlin said it is the second something in June. >> Oh, it's not until June. Okay. >> Yes, it's not until June, but I'll definitely I'll make sure we'll be able to give updates on that. is a fantastic fundraiser and with that money they actually are able to send kids to a program out in Oshkosh where it's scholarship to send send kids to do camps out in Oshkosh. Oshkosh is a massive airport for various purposes and one of the things they do is they get they do kids camps. It's fantastic. So that pancake breakfast yes it is in June. I will give an update before that. >> Cool. >> That is my update. >> Anyone else? >> No report. No report. >> Miss Miller, >> no report. >> Jason, >> no report. >> Anything? >> We for four. >> Okay, moving on. 0 for five or for six. Chief, >> no report. [laughter] >> Nate, >> open house tomorrow at Oakland Middle School, 4 to 6:00 p.m. for County Road 17, County Road 10, preliminary design intersection. and the county will be fully running this, but we are obviously there. >> I'll be there. >> Sounds good. >> Counselor, >> no report. >> And with that, at the time of 7:38, meeting is adjourned. Thank you all.