let's call to order it's the Brainard city council it's February 18th 2025 7:30 p.m. council chambers and Tony will you please call the rooll Erikson here bans here chz Johnson here stunich here Jagger yes OD
here please rise for the national national anthem Pledge of Allegiance United States of America to the rep stands nation under God indivisible but if anybody wants to sing the national
anthem now is the time for all right next we have approval of the agenda move to approve second motion by bevans second by stunich any discussion hearing none let's go to a vote all in favor I I against same sign
motion passes we have an agenda next we have the consent calendar this is notice to public that all matters listed are considered routine by the council and will be enacted by one motion there will be no separate discussion of the items unless good cause is shown prior to the time the council votes on the motion to
be adopted by roll call move to adopt second Johnson motion by bans second by Johnson Tony please call the RO Erikson yes beans yes Johnson yes stunich yes
Jagger yes OD yes that motion passes next we're moving to public forum this is time allocated for citizens to bring matters not on the agenda to the attention of the council uh time limits may be imposed so it is 7:31 I will open the public forum if
anyone's here to address the council about anything that's not on the agenda please step forward again if any anyone is here to address the Council on anything that's not on the agenda please step forward I thought stunich was going to
for a second I was going to yeah you were thinking about it yeah and if anyone's online that wants to address the council please press star three one more time if anyone is here please step forward that we will close the public
forum at 7:32 p.m. up next we have number 7A this is Council committee reports personnel and finance committee chairman Gabe Johnson thank you Mr President we have two items the first of which is discussion on a
municipal dispensary partnership and the motion is to have staff collect written proposals from interested parties to be a partner in a municipal dispensary operation and ISO move second motion by Johnson second by
stun Mr Johnson so this isn't necessarily applying for the municipal license this isn't moving forward to to go ahead and do it but because there's people promising profit sharing and that they'll manage all the operations we want to see
written black and white on paper what people are proposing before we make a decision to move forward or not so we're going to have any interested party submit to us and I guess we didn't put a timeline on that but I suppose let's give them till like
2030 203 yeah these guys don't want it at all is as far as I can get them so I say let's give them till like April 30th to get a proposal to us that wasn't part of the motion but yeah I don't think there's any Rush on anything like this but there's whether we want to do it or
not is not part of the motion it's just hearing out from we have had people reach out to us who want to partner with the city let's see what they're see what they're willing to write down that they're going to do okay any other discussion any other discussion you're
none let's go to a vote oh Mr kic sorry yeah so um I I have spoken to a few of these uh groups uh from a staff perspective probably recommend more something along the lines of a 30-day um I think uh time is somewhat of the essence for them to you
know want to partner with the municipality because of the issuance of the municipal license so that'd be staff recommendation probably be like 30 days that's fair I I support that 30 days from today or 30 days from from when it
opens 30 days from today 30 days from today okay any discussion hear none go to a vote all in favor I against same sign that motion passes Mr Johnson thank you Mr President
final item is interest on deferred assessments and correct me if I'm wrong here Kelly but the motion out of committee was to assess interest on deferred assessments for 30 years and make sure that all
assessments are paid at the transfer or sale of a piece of land and is so move second motion by Johnson second by bevans Mr Johnson this is this has come up our deferred assessments have come up a number of times the last year or so
and it's the committee's opinion that if people are going to hold on these assessments for 10 years 20 years 30 years 40 years there should be some type of financial incentive to make them pay so the most we can charge is 30 years of Interest so we're going
to continue to charge interest until it's paid otherwise they'll be paying just because of the time value of money if they pay 20 years down the road they're really paying half of what they should have paid for the project cost when it was done okay is this just for
annexing properties that are hooking up to sewer and water well the motion was direct staff to amend the assessment policy and bring it back to us so to answer your question that would be no okay this would be anybody like on
Beaver Dam anybody who hooked up didn't we gave the option and this was partially to get the project approved the option for eternal assessment deferment you can hook up to
the sewer and water and defer forever and you only it was our some some confusion as to what our policy was our finance department thought it was you would charge interest only for the term of the bond but we've had people
chairman Johnson had a instance where somebody deferred their assessment over 50 years and and they only paid interest for the first seven or forever how long the bond was and that just isn't fair to the people who paid their
assessment okay so if you don't want to pay your assessment fine if you're going to defer it fine but it's going to cost you there'll be some time value of money okay any more discussion hearing none let's go to a
vote all in favor I I against same sign that motion passed pass Mr Johnson end of report thank you chairman Johnson next we have 7B safety and Public Works committee chairman Tad Ericson all right thank you Mr President we have five
items on our uh agenda tonight the first of which is Direction on active code enforcement we have one property for the council to consider that's 113 Washington Street Northeast staff became aware there was a resident occupying um in a residential
use in a commercially zoned building and that was verified through a police inant report and motion coming out of committee is uh to pursue legal action with the city attorney first staff's recommendation motion and I so move
thank you second motion by Ericson second by bevans any discussion hearing none let's go to a vote all in favor I again same sign that motion passes Mr Ericson all right thank you Mr President
the second item is uh to approve reduce Brainard same day fair for Transit motion coming on the committee is to approve staff's recommendation to reduce same day fair from $6 to $5 and I so move we have a motion by
Ericson we have a second Mr Jagger second all right motion by ericon second by joerger any discussion just I'll just provide a little commentary on this one so uh early on in the year Transit Department had uh some significant
challenges however they did end the year with uh positive net revenue enough so that they were able to put things uh money in reserves um potentially make some investments in software and uh this recommendation of reducing the same day
Fair um again from $6 to $5 thank you that was going to be my question this is including our next item that's about to come up okay any more discussion no discussion hearing none
let's go to a vote all in favor I I against same sign that motion passes chairman Erikson all right thank you our third item is to authorize solicitation of requests for qualify qualifications for transfer Transit software motion coming out of committee is to approve
staff's recommendation to solicit a request for qualifications purchase and implementation for the transit technology software and I so move second motion by Ericson second by Jagger any more discussion Mr Ericson yeah just another note on this as was mentioned so
um there was a net revenue in the transit Department such that they can put money in reserves make this request for reinvesting into their software which is currently quite Antiquated um staff noted that uh staff is having to uh manually uh do entries
man ually uh schedule and do dispatching and our current software is so outdated that there's no updates uh forth coming for it thank you any more discussion hearing none let's go to a
vote all in favor I I against same sign that motion passes again chairman Erikson all right item number four is to discuss construction procurement program through sourcewell motion coming out of Comm committee is to recommend Council
authorized utilization of the sourcewell construction procurement program for the upcoming Library exterior and mechanical repairs project and I so move second motion by Erics and second by joerger more discussion yeah so just mentioned
too so uh any construction project the city has options for how they want to procure bids whether you know they go a low bid um process or through other options and if we don't do a low bit option going through this route would give us some additional protections and
some additional options for realizing cost savings and Time Savings by using utilizing a program through sourcewell uh where they've kind of done a lot of the pre-bidding um for a lot of uh lot of contractors and we had a really good
presentation from uh gordian who's the contractor through sourcewell and provide us a lot of good information and I suspect there might be some additional uh discussion Mr Jagger uh yeah thank you Mr chair yes so uh there was a fairly
robust discussion about uh this you know this particular item here um essentially what this does is breaks down 99% of the project into fixed unit pricing so there's a set price to replace a door there's a set price to replace a light
fixture and so forth uh with this uh system of approach uh the uh the scope is identified by those seeking the scope as well as those providing collectively as one collaborative team to then bring that project uh to a Marketplace and then establish a base price of which we
would follow um uh moving forward as our scope of work as well as the compensation for that scope work moving forward as it as it uh progresses along its path so I had a lot a lot of questions because I there are advantages and disadvantages that I can see to this system so the the motion that I
ultimately made was to go ahead and implement this system based upon the recommendation of staff on just the library project and really see how it fleshes out and and works for us on a relatively modest project but it would give us a chance to just have our thumb on the pulse of this moving forward and
see if it is a good fit with other projects because there are certainly some advantages to be had uh for us uh again protection wise as well as um risk mitigation so um that was the motion coming out so thank you Mr jger any more
discussion Mr Johnson yeah I support this motion to to try this out and check out what cost savings or efficiencies that may be found but I will just say that if we find cost savings or
efficiencies I really don't want to see adding on a bunch of projects or random other parking lot repaving or things like that because we have leftover money I this is for the library mechanical let's get the library mechanical done and not just try to spend
$426,000 as fast as we possibly can okay I think this motion is just specifically for this one project so I think going forward if if we want this and I'm just trying to make this clear as a question maybe for you guys um
going forward if we want to use this program again that is this going to come in front of the council to be approved going forward from there on other projects is that the intent go ahead yes uh yeah so the motion was uh not to put this in place for in perpetuity but uh
exclusively on the upcoming Library exterior and mechanical project only and then I think we would reassess I'll be looking at this construction background I'll be looking at watching this pretty closely and asking questions along the way to really be able to come back to you guys with just how I feel it's going
on the on this project alone and then maybe we can reassess if this is a good fit for future projects so I think it's a this is a good project to kind of fret out if the system is a good fit I agree I think sourcewell is a organization that provides a lot of really good
services for a lot of organization organizations just like us so this is a perfect opportunity to test it out so I'm in agreement any more discussion hearing none let's go to a vote all in favor I against same sign
that motion passes again chairman Erikson all right thank you Mr President our fifth and final item is to approve uh WSB Amendment request to L safe roads to school motion coming out of committee uh well there this one there was no motion coming out of committee and um
there's only two of us in the committee one member was out six so there was a a motion to deny this it failed for lack of a second and therefore it's going to come to the main Council agenda and so with that I guess could we have Mr Habor
hand over to Mr Habor yeah Mr Habor go ahead yes thank you Mr chair so this project already came before the council and it was approved regarding the safe route putting in a median and and narrowing the streets down but then after thinking about the project a little bit more Jesse and I we were
talking Jesse came with an idea of you know because we're putting in some trees there how how neat would it be to add some Christmas lights add some flare to that neighborhood to really just add some that beauty of Christmas lights just driving down the road so that's
really what it is it's a low price tag for us to add some amenities in that neighborhood and we thought it was a good idea but again we're looking for your uh guidance and if there's something that this price tag if it's a good fit for that for this project thank
you Mr Habor does anybody have any questions Mr Johnson with the the $2,317 obviously isn't a lot of money but that's just to for wsb's time to design it how much do we foresee this
adding to the total project cost based on the engineers estimate it's maybe about $1,500 uh as of right now we're intending that to be an eligible expense because it's not limited to any specific use uh this could be additional safety
enhancements as well so it cost more to design the yep and then build it I love Engineers thank you Mr chair thank you Mr Johnson any more discussion so really this is about
getting electricity into the med and do we have any other medians in the city that we have Outlets run like this none okay I could see this being something like on College Drive as well um obviously we're not going to rip up a street to run wires under it but um I
can see the advantage uh this is a project also that is it's a state aid or or state grant money that's providing for it so this isn't coming out of taxpayer dollars in the city of Brainard necessarily this is still under budget we're not over budget on anything on
this correct correct Mr chair we are within budget even with this uh add-on how much are the Christmas lights yeah who's paying for the Christmas lights uh I heard Dave might be providing those Dave doing he's putting cookies out there the mayor's
contingency fund may be tapped finally okay Mr chair I have a motion when you're ready go ahead Mr bevans I move to approve the WSB Amendment request in the amount of $2,317 for engineering only second a motion by
bevon second by stunich any more discussion hearing none let's go to a vote all in favor I against same sign that motion passes and chairman Erikson end of report thank you thank you chairman Erikson we are moving on to
number eight this is unfinished business 8A is a call for applicants uh first let the let the mayor talk absolutely it's about time the following positions are available with the city with our boards and
commissions you can find that information on our website uh the charter commission two terms expiring 2025 two terms expiring 2026 Library board one term expiring 2027 Transportation advis advisory committee two terms expiring
2026 as well as and I don't know because we never put it on here but the the water tower commission do we know who that is is that myself or is that Mike we'll figure no we also have some spots on the water tower committee as well thank you uh as president I have
one term open for the airport commission expiring in 2027 it says one term but it's actually two terms for the Planning Commission expiring 2027 and I would like to appoint tonight or nominate can I ask Mr
chair to separate these separate you you're going to make more than one recommendation well I'm not making the motion somebody else will make the motion yeah we can do one at a time okay sure okay all right I see what you're saying I would like to appoint Jeremy
Powell to the Planning Commission move approval second motion by Johnson second by bevans do we have any discussion hearing none let's go to a vote all in favor against same sign
motion passes next I'd like to appoint Blake Higgins to the Planning Commission move approval second motion by Johnson second by bevans any discussion none let's go to a vote all in favor I against same
sign that motion passed as well moving on to 8B we have a a final reading and proposed of proposed ordinance 1579 amending sections 1200 and 1500 I think this
is Mr kravic go ahead thank you Mr President so Administration reviewed the city code to ensure that we had proper Licensing in place for a brew pub uh minor changes are needed as well as some clean up to items in sections 1 1200 and 1500 uh so with that staff does
recommend to conduct the final reading of proposed ordinance 1579 and dispense with the actual reading note a vote to dispense with the actual reading of the ordinance must be unanimous second to hold a public hearing and third adoption of proposed ordinance 1579 thank you Mr kic does anybody have
any questions to staff first if there's no questions of Staff then we're looking for a motion to conduct the final reading of proposed ordinance 1579 and dispense with the actual reading so move Johnson second beans motion by Johnson second by bevans any
discussion hearing none let's go to a vote all in favor against same sign that motion passes and now we're going to hold a public hearing so I will open the public hearing at 7:52 if anyone is here to speak for or
against this ordinance please step up and do so now if anyone is online please press star three if you'd like to address the Council on this and again if anyone is in here and wants to address the council please step
up now looks like not so we will close the public hearing at 7:52 next we're looking to adopt the proposed ordinance 1579 amending sections 1200 and 1500 of the Brainard city code looking for that in a motion
Johnson second motion by Johnson second by stunich any discussions hearing none go to a vote all in favor hi Mr President oh I missed the first one almost almost made it I thought I was gonna get all these
uh this is a resolution so go ahead and call the r Ericson yes bans yes Johnson yes dunck yes Jagger yes OD day yes that motion passes moving on we have new business 9A is a consideration of development
agreement with Country Manor campus Brainard LLC and cost share agreement with Crowing County this is again uh community development director James kvic go ahead thank you Mr President so staff has included a casare agreement with Crowing County for the installation
of a turn lane on beaverdam road according to the casare agreement Crowing County will pay for 25% of the construction cost that will be paid to the city of Brainard and then reimburse the developer uh at the February 3rd city council meeting Council approved an amended plan unit development for
Country Manor a delayed payment structure for certain fees and a tax batment request for the project uh section 15 of the development agreement details the pay structure for delayed payments that was approved by city council uh so with that uh staff does recommend approval of the casare
agreement with Crowing County second to approve the development agreement with country manner campus brainer LLC contingent upon execution of the Kare agreement uh this was uh reviewed by Briner City attorney Bond counsel as well as country manner staff and I can answer any questions thank you Mr cranic
one clarification uh you have two parts to this do you want two separate motions one being contingent or would you like one motion with both of those contingent so I would say um two separate motions that the reason staff put contingent upon execution so execution would be
signed by both um the county as well as the city um because the development agreement states that the city will pay 25% so from a staff perspective I'd like to see the um executed agreement with the county done you know and then and then have that contingency on there in the development
agreement thank you Mr kic any other questions of staff other questions if not we're looking for an approval of the casare agreement with croing County so second motion by bevans second by Jagger any more
discussion hearing none go to a vote all in favor same sign that motion passes next we are looking for looking to approve the development agreement with country manner campus Brainard LLC
contingent upon execution of the cost share agreement move approval Johnson second motion by Johnson second by Erikson any more discussion hearing none go to a vote all in favor I against same sign motion
passes moving on to 9B this is a resolution looking to adopt and calling a public hearing on issuing conduit debt again this is supposed to be James kraic go ahead thank than you
Mr President uh so the city has been requested to issue conduit debt for the Country Manor project uh there is a statutory process to do so and one that requires the city to hold a public hearing the attached resolution was prepared by Bond Council and reviewed by staff uh so this resolution is calling
for the public hearing on March 17th it's not a resolution approving the conduit debt so with that staff recommends to adopt the attached resolution calling for a public hearing regarding the issuance of conduit revenue bonds for the benefit of country manner campus LS
and providing preliminary approval of the issuance thank you Mr kravic does anybody have any questions of Mr kvic otherwise we're looking to adopt that approve beans second motion by
bevans second by Johnson any more discussion this is a resolution have Tony call the roll ericon yes bans yes Johnson stun Jagger OD yes that resolution
passes next we have 9C 9C is a public hearing and a resolution ordering improvements and ordering preparation of plans for improvements 1712 right and 10th Street reconstruction project I believe this is uh presenter Mike abar
Public Works director thank you Mr President yes this is we're on step three of this five-step process and we are asking the council to approve uh for a hearing and hear testimony for uh from the public this project is going to be including the replacement of Cur and gut
gutter water M storn sewer catch Basin and uh pavement uh improvements and again this is just one of the process so we're just looking for uh us to approve moving forward with improvements and hearing from the public and then also
Improvement uh to prepare our plans for bid and on that I'll take any questions Mr hgar did did we typically used to do these hearings outside of Council meetings prior to this year I don't recall doing them in here I thought we
usually did a like a community meeting yes I can't Jesse the informational meeting which was more of an informal meeting we would hold separately which we did for these two uh projects uh but the public hearing uh that is required
to be before Council excellent okay looks like we can just open the public hearing right I don't need a motion with that we will open the public hearing at 7:58 so if anybody's here to speak on the project for right Street and 10th
Street reconstruction please come forward so Precision Tool Technologies has sir I'll have I'll have you come up to the microphone and make sure the green button or the green light is on and then just name name and address address or organization uh from Precision Tool
Technologies 924 right Street your name uh Dylan Paulson thank you um so we have concerns with having only one driveway that semis and employees may have trouble with accessing our parking lot during
construction um we are looking into putting a second entrance into the parking lot that would be accessible from 10th South Street is the Reconstruction project going to be completed in phases and what does the time frame look like yeah so tonight's
public hearing is is uh more of a for or against the project so if you have specific questions about the project those were to be addressed at the informational meeting which uh Jesse Dean can help you with any of those
questions um later on tonight or even tomorrow morning so the I believe the plans are already set correct Mr Dean but if there's something that absolutely needs to be changed Mr Dean can address those with you okay just in
private all right okay thank you thank you is there anyone else here to speak on this project again this is the right Street 10th Street reconstruction if there's no one else here to speak and there's no one
online we will then close that public hearing at 8:00 p.m. and we are now looking to adopt the attached resolution in which orders the Improvement and preparation of the plans so
move is that Mr Jagger motion by Ericson second Johnson second by Johnson any more discussion stop telling it you got to see if I actually catch it I got the word highlighted right here Tony please
call the rooll Ericson yes bans yes Johnson yes stunich Jagger yes OD yes that resolution passes next we have something similar we have a public hearing and adopting the resolution ordering Improvement and preparation of
the plans for improvement 2113 Beach Street Oakridge uh reconstruction project again this is Public Works director Mike abigor thank you Mr President and this one is also on step three of step five so step three again like you indicated we're asking for to hear testimony from
the public and also preparing approval to prepare the plans this project the scope is including curb and gutter new sidewalk replacement of the water main and store storm sewer utilities and also asphalt Improvement and we are asking uh
for those um that approval of that testimony from the public and also approval to start preparing the plans and with that we can open the hearing or ask any questions thank you Mr habar does anybody have any questions for staff looks like not so we will open the
public hearing at 802 again this is for the Beach Street Oakridge reconstruction project if anyone is here to address the Council on that project please step forward if anyone's online and wants to
address the council please press star three we ask one more time if anyone is in here to address the Council on the beach Street oid reconstruction project yeah please come on
out name and address Wanda 2315 Kermit Lane Brer um it's maybe not the time to ask a question but I live at the Meadow View Manor trailer court and when they tear up Beach Street in Oakdale how do we get
in and out of the trailer court that's was our concern of how that's going to happen is there going to be a yep you can speak with our engineer Jesse Dean right over there he'll he'll tell you exactly how that's going to work out um so that'll be later tonight again or
tomorrow or today I'm sure he can probably answer that question for you tonight if not then for sure by tomorrow okay thank you thank you anything else go ahead come on up just name and address before you my
name is Robin Boyd I live at 122 Beach Street um and I recently purchased the house I'm living in so I didn't attend other meetings I have a a couple of questions one regarding the the trailer park that was just referenced are they
also being assessed since Beach Street is their primary method of getting into that tra trailer park and we have traffic non-stop up and down Beach Street all the time or is it only the houses who Front Beach
Street yeah that is a good question for staff this is this is more of a for against um you're for the project or against the project when we're in the public hearing part of this but you can definitely ask our staff so a question about the purpose of the sidewalk as
well they're putting a sidewalk all the way down Beach Street on the west side we have limited foot traffic you're against the sidewalk is what against the sidewalk cuz we have limited foot traffic on Beach Street it's mostly car
traffic and so I I'm not sure what a necessity for a sidewalk is we can discuss that also yes okay thank you ma'am anyone else here to speak on Beach Street or Oakridge come on up
Sir 722 Beach Street Mike gamsky um same thing no sidewalk it's mainly traffic um and the traffic that we do get does come from the trailer park and at 100 milph so I'm curious what they're you know probably at the time ask but what are they going to do control that um
like I said they drive up and down and I missed last meeting for whatever but 100 miles hour generary um and it is from the trailer park and again what they are talking about being assessed that is there's more houses in that trailer park
than there are in our street in general um and I know we're supposed to be paying a percentage of it how about the people in the trailer park because we are their main access thank you sir um again the assessment questions are great questions
for our staff here also have you met our police chief this is John Davis over here I've I've talked to him before and they but they never catch the Speeders okay if you have any tips on on when our police should keep an eye on that street he's the guy okay that Traer par it's a
highway it's a Speedway from one end to another I I do think we are narrowing the street in the project which should help calm traffic a little bit because it is very wide right now they're doing what narrowing it yeah it's
stre anyone else want to come up and address the council anyone online please press star three all right if no one else is going to address the council we will close the public hearing at 8:06 and next we have number two we're looking to adopt the attached resolution
which orders the improvements and preparation of the plans so move second Johns we have motion by Erics and second by Johnson any more discussion more discussion hearing none let's go to a
vote all in favor oh we're going to go to to Tony to call the rooll Erikson yes bans yes Johnson yes stun yes Jagger OD day yes that resolution passes all right next we have another resolution this is approval of plans and
authorization of bidding for improvement 2316 self brainer resurfacing project again this is Public Works director dor Mike abor thank you Mr President this project here with South brainers resurfacing we're on step four of step
five and this is to resurface the street and uh some curb replacement and 10 fire hydrants and again Boulder mink is here if if we have any very specific questions but again we're on step four of this process we're just approving
that uh we can now go forth with bids and uh try to and get some good bids for this project and with that any questions anybody have any questions for Mr Habor your staff if there are no questions we are
looking for a motion to adopt the attached resolution approving plans and specifications and ordering advertisement for bids to be opened on March 20th 2025 move second motion by stunich second by
Ericson any more discussion Tony please call the rooll Ericson yes bans yes Johnson stunich y Jagger yes OD day yes that resolution passes next we have
9f this is a resolution ordering feasibility report for improvement 2314 Hawkins Ronald Joseph resurfacing project again this is Public Works director Mike abigor thank you Mr President this is on the first stage of
our five-stage process so we are just asking the council if we can do this study and get the ball rolling on this project this uh project is going to be including uh fire hydrants and a water main in the alley between uh Joseph and
Paul Street and with that we can take any questions thank you Mr Habor anybody have any questions for Mr Habor no questions if not then we're looking for motion to adopt the attached resolution
ordering a feasibility report I move adoption Johnson approvement 2314 Hawkins Ronald Joseph resurfacing project we have motion by Johnson second by stunich any more discussion Tony please call the RO
Ericson yes bans yes Johnson yeah stun yes Jagger yes OD yes that resolution passes move to 9g we have a discussion on the orderly annexation of Riverside Drive I believe
this one is for Mr cranic and Mr Dean whoever wants to start thank you Mr President I'll start here uh so in 2003 the city constructed utility extension project along Riverside Drive uh based on the 2003 policy for Riverside Drive staff believed that it was City
council's intention to Annex properties along Riverside Drive that have the AA availability to connect to Municipal Services even those outside of City Limits these properties would have been required to connect within three years or when their septic systems failed however it was later determined that the
city could not force annexation through these util hookups staff has uh held some meetings with Crowing County staff regarding the proposed annexation of the portion of Riverside Drive all properties proposed for annexation are an un unorganized first assessment territory attached as a map showing
these properties highlighted in red uh discussions with the county um didn't have any initial concerns um but has not been uh in front of their board yet uh by annexing these properties the city can require them to hook up to Services when their systems fail it is in the best interest of the facilities uh along
Riverside Drive as well as the environment uh for this requirement as most of these properties are in the Shoreland District uh properties annexed into the city that are not currently connected to Services should be taxed at the rural Service District district rate as recommended by staff uh so with that
staff recommends initiating the orderly annexation process for a portion of RI Riverside Drive as depicted in the proposed annexation map and I can answer any questions thank you Mr cranic does anybody have questions for Mr cranic Mr Johnson yeah I have a couple why are you
recommending putting them in the rural Service District a district in my opinion that shouldn't even exist in the city of Brainard what's the rationale by putting them in that again part of the discussions with the county I think that did come up um not being
con not being able or not connected to city services um and then annexing can be difficult at times uh I believe that's when the rural Service District came about is through the annexation proc process on on essentially jumping those tax rates from County to city um
so it was a recommendation by staff of go through that process I think through the county and their staff that was a recommended um process as well so that's where that came about okay so we invented this ridiculous rural Service District
because we were trying to beat Baxter to Highway 371 North 30 years ago we know it was a mistake we know we shouldn't have done it I ABS I just don't understand the basis is that they're not hooked up to Water and
Sewer how are the water and sewer funds in this city financed is it Levy dollars the answer I think is no the answer is no and everybody at the table knows it nobody's willing to say the answer is no water and sewer are funded by user fees by bills why would we cut
taxes in half we're not going to respond to half of the fires we're not going to respond to half of the police calls we're not going to lend out half of the library books we're going to give them the full Services of the city if they are next in the city from the levy side
so I just I don't understand why you're proposing this rural services I don't understand why it still exists I thought we almost got rid of it a few years ago but then those conversations just kind of vaporized and ceased to happen but I I'll just say I know there is no motion
I support the orderly annexation of properties into the city of Brainard I don't support on having some citizens pay 52% of the taxes and expecting all the other citizens to pay 100% of the taxes on no no logical rationale at all
because it's based on Water and Sewer which isn't related to the levy so that's my thoughts on that Mr President thank you Mr Johnson anyone else help some thoughts Mr bevans I thank you Mr chair I agree with uh chairman Johnson on the zoning
and I also believe that we would need to as and I support the motion but I also believe we would need to relook at our connection fee since we had such a difficult time with the last single property that connected to our sewer and water coming up with the connection fee
and we just looked at the Deferred assessments and I think PNF should look at the connection fees to make sure they're current and accurate as well for when these people do hook up thank you Mr B they were never assessed since they weren't in the city correct
thank you Mr bevans anyone else I guess I I just want to make sure this is just a recommendation that you want to send into the conversation with the county so we've had initial
conversations this would be um city council approving uh staff to move forward with an orderly annexation process I think there should be some motion included whether or not the the city council is interested in the rural Service District or not so staff would know how to approach the county on that
aspect yeah it sounds like there's strong feelings against the use of the rural Services District unless anyone else has Arguments for using it I tend to agree with Mr Johnson and Mr bevans they're they're not paying any
fees for for water um or sewer at this time so until they do that they're just annexing into the city I can see how the 52% thing would would be maybe trying to coax them to get into
the city at a lower rate but it really doesn't make sense I'm just a little confused at how the orderly annexation even speeds things up it says in there that we can't force annexation but this almost makes it sound like we are forcing
annexation Mr so we can't force annexation through utility hookups it has to go through the orderly annexation process right but what and then at that point once people are annexed then once they're part of the city our city code can require them to hook up once their septic fails does the order of the
annexation then mean that when the county signs this agreement that they become annexed immediately or at some certain point in time in the future so um this would authorize staff to move forward with it so staff would draft the agreement and then the city and the
county would have to both pass resolutions approving it and then it would go to a municipal uh boundary line uh judge and then they would they would conduct a public hearing um on both sides of it and then make a determination okay guess that sort of clears it up but
this is essentially going towards a court ordered annexation it would be in the end yep okay all right can you pull up the map again Sean so I think the goal here is trying
to avoid situations like we had last spring when there are hookups and people have forgotten or didn't know uh if we had boundary lines that were a little bit more inclusive of everything that was actually serviced by
City product which is our streets our pipes our sewers our electricity uh it does make sense for them to be into the city at at some point I don't know how I feel about a courtown annexation Forest annexation
but it sounds like this is the legal route to go um I think I'll support it I don't expect that that won't come with without some backlash but um if there is a motion I think I would
support for but I do also agree with the the rural District being left out of the conversation I have a motion when you're ready go ahead I would uh move that we move forward with the orderly annexation in the urban service
District Corridor and ISO Move Motion by Johnson do we have a second looking for a second that motion fails for lack of second unless we have another motion could we send this to PNF in two
weeks I'd like to have that conversation at the committee level before we bring it back to council thank you uh let's move on we have 9h this is a discussion on proposed land transfer of tax forfeited Pro
property uh is this Mr tranic yes thank you Mr President uh so croan County approached City staff about potential land transfer of tax forfeited property next to Evergreen Landing the parcel is approximately 32 Acres with
96% of the parcel located in floodway or flood Fringe uh historically this parcel has had a yearly homeless population with uh primary habitation occurring in the spring summer and fall uh with the adoption of ordinance 1571 prohibiting camping on public property staff have no
concerns with the transfer of ownership to the property uh so with that staff is recommending beginning the process for a land transfer of PID 41230 522 to the city of Brainard thank you Mr kic does anybody have any questions of Staff questions Mr
Johnson uh yeah I'm I'm concerned if we accept this property and we have a another more homeless encampments and open air drug markets pop up on that parcel does that increase the city's liability or open is up to anything
because it's on property owned by the city or because I know we were already spending taxpayer dollars cleaning it up every time we cleared out the openair drug Market but do we have does it expose us to any risks if we own the
land attorney langel Mr President of council it's going to be no different than anything other city property any park you're insured for it um to the extent there's any you know injury received on that to exent you get a claim against you and
it's going to be treated just like any other city property and now that it's County owned it wouldn't be a claim against us that is correct unless unless you undertaken some action on there that allegedly
resulted in an injury but yeah you're right for the most part it's a county issue right now thank you Mr langel I guess I guess just it's real just vague like yes there's risk but we are insured like are
we are we going to be policing the homelessness activity a lot more that we have now that we have this ordinance than we were in years past to keep this parcel clean chief chief Davis yes in fact I just spoke with mayor B about this just what a couple of
weeks ago and um a plan in place starting this spring to hopefully prevent it before it even starts cuz yeah there's been fires down there and Drug overdoses and all kinds of things that multiple deaths and if that's on city property that's just kind of scary
that but if we're going to be taking better care of it now that we have the tools to do that I I may be fine I don't know see what Kevin has to say Mr jger yeah thank you Mr chair uh so going kind of with the same mindset I'm just wondering what's the motivation maybe
Jame does somebody have an idea of why the county came to us and said hey we got a piece of land you guys might like to have here so anybody idea where that came from what the impetus isic so it is a tax forfeit parcel um can be partially used at times um like Evergreen Landing
obviously if it's flooding can't be used um there are some Trails I think historically um it was you know maybe used by kids um before there was kind of the homeless issue in that area uh it is somewhat um I guess not the standard to
have this large of a tax forfeit property in the city of brainer that maybe wouldn't be owned by the city of brainer that is kind of partially usable uh I'm sure their uh thought process of handing over the city is because of some of the issues that have been on the property
so thank you Mr kvic generally this is a flood plane there there is a trail just off the uh Southern Edge uh coming from the pump house to the old pump house which
is really close to the uh the shoreline having grown up on the edge of that I I know that there was homeless activity back then there has been for I don't know at least three decades that means maybe more but it was nowhere near
what it what it was up until you know the last couple Summers um that being said pretty much every single spring that entire area is flooded you can't do anything with it I don't I
don't know if that puts us at any level of liability I don't I don't see that being any more of an issue than than it than it was before going forward what I do know is that some ideas that have come across this
property in the past as far as putting more of a trail or some type of walk walk in path along the river which we which has been discussed extensively part of the problem was there was County Land state land city land all mixed
together along that chunk of Shoreline I think just to the the west of that that little chunk that territory right there is stat land I can't remember what the one to the left of that is but as we clean it up and it becomes all city land
or a combination of less it does become less complicated when we do want to do anything the the property that the Landing Road goes through is I learned last year that that is a park parks yep
yeah what is it called again um not sure I don't remember Evergreen Landing is that right yeah that's righten Landing or Evergreen landing park so technically that would just sort of be added onto that Park land I don't know where this discussion is going if people are for or against it
I don't see it as being a problem so I guess I'll be for it but do we have a motion do we have more discussion Mr bans I'm I'm going to move that we move forward on this accept it
and accept it and I'll explain why if I get a second I'll second okay motion by bevans and second by Johnson go ahead you H it right on the head Mr chair I see no value or future value however having it in our control as
legislation changes and it just recently went through a major major change with enforcement of encampments of overnight encampments I think it's better to be in the city of Brainard where we can legislate it as opposed to having
it in multiple jurisdictions with less concern for the city of Brainard than we have possibly Mr Johnson yeah and and I I'll support the motion and I second it and mostly because Kelly brings up a good point would would you rather the
city of Brainard ordinances manage that land or you rather the state of Minnesota make the decisions for it and I I think everybody here would agree that city of brainer would probably make better decisions on it thank you Mr Johnson anyone else Mr Mayor you know we got a couple sweet sledding hills in this town and I don't
know if you know but that little Pokey bit right there that goes down to eth I mean you want to you want to pick up land speed records it's a sleding hill for you and stitches well stitches come with all sledding that's you know well that's how you know it's a good Hill yeah it's a part of it have you been to
Big Sev absolutely this is big Ace it's got a name we can find F fost he has a name for it so well when I was a kid living a block away there's a lot of bumps cuts and bruises lots of blood on that Hill
it wasn't white snow called it we called it Suicide Hill but we would still use it a lot I didn't know it was County Land but we never sued the county I'll tell you that today's a different era though so
we might want to put a fence there I don't know n let him do it any more discussion hearing none let's go to a vote all in favor I I against same sign that motion
passes next we have a discussion on a special assessment policy uh me see we have Mr Habor yes thank you Mr President at the last council meeting we were talking about the this project we had a public
hearing and one gentleman came up and indicated that his cus act may have been wrongly assessed uh but again our assessment policy it's not nothing is ever perfect in construction and we have to go by our assessment policy and this
equally distributes this on every project and we are you know unanimous in in this with our staff that we would not want to change our policy regarding this now if the council would like the gentleman indicated that straight
session that straight uh straightaway area be assessed as a side uh assessment you know we are open to that but we definitely don't want to redo our our assessment policy and with that with all assessments we will be coming forth in a
later date just on our um our franchise fees which would remove as special assessments all together wouldn't that be a nice day but anyway that's a totally different topic but uh again that's our our recommendation is just keep the policy the council would like
to use that caveat of that straight assessment that's totally fine but again we would not want to redo our assessment policy any questions thank you Mr habar anybody have any questions for Mr Habor or
staff yes I have a a question I um as it says here in the staff write up you know that gentleman provided a little bit of a unique situation with the segmented portion of the C this act so um you know we kind of spoke about
this and I would be in favor of staff's recommendation um to keep the policy as is but entertain um considering that one of those segments the shorter segment to be the side yard Mr Ericson Mr BR yeah I second that notion
that you know I appreciate when people come and and present stuff like that to us because we don't always see those things and and in looking at it to me that looks like a sidey guard whether or not it's on a curve or not there's a segment that looks like a straight road and if it was any other type of angled you know we'd call that a side yard but
because it's got a slight slope to it it it felt like a reasonable request by a citizen so thank you Mr rdel Mr Johnson yeah and I third that so if we don't do anything T night or affirm our assessment policy is that saying we can't do anything about this this one property that was
brought up to us last time or or is there something we can do because because I I do think some of it needs to be a sidey guard I mean it's I I just tend to agree with what the citizen brought forward if you look at that specific property the the garage
driveway is on the straight angle and the front of the house faces the cesac so to me it makes sense where the straight Edge is is his sidey yard to me that makes sense I think it's a fair assessment it looks like a corner to me we're talking about Corner Lots
we're talking about uh call to sacks it looks like the corner of the call Tock to me so I think it's just one of those things where staff can take a look at it and are you looking for a motion on specific things like that Mr Dean what we can do is later on after the project
when we bring prepared roles we can bring specifics like this u based on this discussion as options for the council to consider um and you can you can make motions on on one-offs like this um and make determinations on that
um but for the at this point we're we're really too preliminary at this point at this uh Junction of the project so really just looking for direction on the policy yeah if we still have Lee i b yeah I just want to clarify it looks if
I'm recalling the argument the front should be on Pine View that's the shorter section yes that's where the driveway enters from Mr Forest point of view right the front should be the and and
and I would argue if you stand on the Pine View Street and look up the driveway you're looking at the front of his house you can't even see the house from the culdesac hardly so and his complaint was the linear foot the culdesac if
that's his front yard assessment is extensive compared to the other lineal feet of the other properties on the culdesac so my recommendation and I could even make this a motion whether it's requested or not that that property
be considered for assessment as a front yard on Pine View a sidey yard half price on the culdesac I believe that's what Mr Force argument was is he's getting
incredible High assessment because he has such a long linear footage on the circle where he can't even access the circle from so sorry I thought you were I know and I really think that's the direction I would like
to give staff and it seems to contradict what you guys were saying uh the shorter section on Pine View linear foot should be considered the front 100% assessment the side yard half price assessment
should be the circular lengthy that's that's my clarification what you're saying is what I thought yeah so the only reason I said it the other way was because I remember him
saying that the opposite way if if we go back and watch the tape but I wish he was here right now cuz he could answer that question but I thought he was explaining it the way that I just said it earlier so maybe maybe we how about this I'd like to try a motion that this property be assessed in the most
favorable way for Mr Forest I like it second motion by bavans second by Johnson this has nothing to do with the discussion Point other than the single uh property here but is there any other discussion on this
motion hear none go to a vote I'll in favor I against same sign that motion passes as far as a discussion on the special assessment policy I think I tend to agree with staff if if anybody thinks differently I think it should be left
the same left the same then we don't need a motion this is strictly well I I would move I just a one more comment on this this is just a consideration it's not a change in policy it's just a clarification as to which is the front and which is the
side I move that the assessment policy be kept as is second motion by bavin second by stunich Mr BAU yeah I think the problem with the cuack is all the cuack are going to be different this is different then the next cuac now down the road versus the next one I think
having the policy the way that it is is allows us some movement in that but I don't think you can just say every cue SEC is exactly the same so thank you Mr BAU anyone else all right hearing none more let's
go to a vote all in favor I against same sign that motion passes next moving on to staff reports starting off as usual with Tony Gage Chief Davis nothing to add thank you John Strong nothing
tonight we have Mike abor Public Works yes Mr President I have three things one just a huge shout out to our city engineer Jesse he acquired a $1 million grant for a future project and that project is until 29 but just a huge
shout shout out to him and and all the work that it takes to do a grant it's not easy it's very detail orientated so a huge shout out for to Jesse so thank you and then also we have uh the public survey uh we're asking the public to do a a public survey to just gain their
knowledge and their opinion of brainer in all of our different projects that we have going on so they can go to our Facebook page scan that QR code and uh we just are looking for everyone's uh input we're encouraged to do that our my
last one is our skating party that we held uh couple last weekend and we had over 160 people participating in that we had dun Meers all just a really a great uh um sponsors uh reporting to that and just helping us out dun Meers um the
Salvation Army uh Naughty Pine and just a list of them and so it was really great for staff to get out there and and do a great event so that's the end of my report and thank you thank you Mr Habor Mr cranic thank you Mr President uh so just wanted to give an update on the next Planning Commission meeting which
which will be tomorrow night at 6:00 p.m. a number of items Planning Commission will be discussed uh considering a preliminary plat request for St Francis Church uh consider rezoning and Zoning text Amendment for Paradigm Auto uh consider conditional use permit and variance for
sweet Properties LLC for two apartments uh kind of next to the post office here and then considering a preliminary and final plat for three Pat LLC on 15770 Delwood drive also continued discussions on uh data center ordinance and then we'll be reviewing the Planning
Commission yearly itinerary thank you Mr Mr cranic attorney langel nothing for me thank you Chris Schubert HR Chris Evans BPU thank you Mr Mayor oh man yeah Eric
sharpener thank you Mr President just to have a quick update as we we talked about grants uh Minnesota housing will be opening a greater Minnesota housing infrastructure Grant likely at the end of the first quarter of this year the H is interested working with the city to
potentially apply for that Grant the funds can be used to cover up to 50% of capital costs for sewers water supply systems utility extensions and streets and we are looking at that specifically in support of a project we're working on
in brainer Oaks for Outlaw F and Outlaw e in trying to get some units built out there nothing imminent yet uh but wanted to get it on your radar I will'll be bringing this back at some point once the grant is released so we can have a little bit more detail for the council uh but certainly looking forward to
hopefully securing some funding uh in support of that project thank you Mr Sharp and here uh administrator Bo Royals thank you Mr President really quick um we are in the midst of annual performance reviews myself included um I hit my one-year
anniversary here in a couple weeks I'll have my inputs to HR Director Schubert within the next 24 hours they're just about done um then she'll work her magic somehow get it before for all of you um however we did it at our sixth month it was open or closed however we did it
back then I'm certainly fine with the same process unless Council want something otherwise but I'll have my comments to her within 24 hours she'll have them to you and hoping to get that on the agenda on the first meeting in March for my annual review that's all I
have thank you Mr BRS now on to the honorable mayor bedel The Honorable indeed well first of all check minus to Mike day for the execution tonight it was poor for a little bit there a lot of we got through
it we got through it but you know your gavel game remains strong but there are some things we can work on just making notes for you I want to keep you on track uh secondary I just want to say I don't know how many of you in our wonderful City partook but Valentine's
Day was this last Friday and I had a wonderful opportunity to go to the local 28 and enjoy a excellent meal there uh very hop in place on Valentine's Day so I just want to say shout out to all the couples that got to go partake and beautiful meals in our area and uh they
also had a magician that was there I do not partake in the dark arts so let's just make sure that that that the the notes and the uh the uh minutes reflect that so I do not partake uh lastly I just want to say that and this is a
reminder to the public a lot of times when we make decisions up here the council makes the decision that they think is the best I want to remind the public that when you go on Facebook and you like to drag us through the mud it doesn't do you the good that you think it does so I'm just going to make that
reminder again that if you're going to come with requests on a yearly basis it's not a great idea to drag people through the mud so I'm just going to make that nice calm reminder to people end of report thank you Mr Mayor we'll move on
to council member reports let's start with Kevin stunich I have nothing sure positive okay Mr bevans thank you Mr chair last Wednesday I attended the Northside residents
Association it was packed or or to quote the mayor a hop in place now it was held at five rocks and that might have had something to do with it but we did get a lot done at least in the first half hour thank you
thank you Mr bevans Mr joerger uh yes excuse me uh thank you Mr chair uh this will be uh my monthly kind of airport commission uh update here I'll be doing these in the uh city council meeting following the prior airport commission so we had our airport commission met
last Thursday I'm just going to give you kind of the basic high points uh the very first uh piece of news was uh very very sad to hear we are losing our deputy director out there her name is Cassandra Loftus she has been fantastic just a tremendous asset to uh our airport out there she's going to be
exploring some options at at another airport south of Brainard uh and we will be looking to do our very best to replace a a person of the absolute highest integrity and performance level out there so very disappointing news to be losing her we do certainly wish her
the best um also uh Mr barrows at the county and I are the newly formed uh personnel and finance uh portion of the airport commission out there and and him and I have have begin discussions to kind of begin looking at the personnel and obviously the finance side of of
things out there so more to come on that uh also uh and finally I will say that uh uh in our last meeting we received our final 2025 budget that budget that was handed out to the airport commission landed like a hammer uh because it's
definitely has some concerning news in that budget and I'll just give you the basic high points if you'll remember Mr Wright uh uh approached both the city and the county asking for $225,000 each the county uh handed out ended up handing out 166 and us at a
th000 but even with the 225 ask on both uh we would have still been uh we would have still be heading into 2025 with a a deficit tapping into our savings of about $254,000 with the approved money that went through we're going to be tapping
into our savings for the tune of about $379,000 so this is obviously very concerning we have an airport that has tremendous asset and value to our community out there we have the absolute amazing facility out there uh but uh tapping into our savings for that kind
of uh uh money in just 2025 alone is deeply concerning and the commission is taking this very very seriously so more to come on that um but definitely we'll be looking at some things to change other than that thank you very much that's all I had thank you Mr Jagger uh chairman Erikson all right thank you Mr
President uh nothing to add except that I'm looking forward to the Planning Commission meeting tomorrow night as well as is representing the city at the Region 5 Commission meeting next week Thursday the 27th thank you Mr Erikson chairman Johnson thank you Mr President I have two items uh one the Eda had a
special meeting last week where we approved a change in the development agreement with the block Matrix so they're add they're expanding the scope of what they're developing out there by a little bit and it's going to add I believe 3.74 DB at the 20 yard
listening range but it was approved and they are planning on building this summer and then secondly I received a call from a concerned citizen about the south side of the Holiday gas station here downtown and they notice that a lot of
people when the on street parking spots are taken people will just cruise up off the street and just cruise up and park on the sidewalk to go into holiday and you know the concern is is multiple fold I mean it's illegal to park on sidewalks in the city already right but since it's
so quick in and out to Holiday we can't expect the police department to be able to respond to calls to that but secondly when the on street spots are taken you're blocking the view of the actual sidewalk that you're just tearing into and it's a block from our high school there's a lot of kids who walk there
after school during school all throughout the day there is a lot of foot traffic and and our community's youth foot traffic on that sidewalk so uh you know he suggested that perhaps we look at putting up a couple of ballards on each side in the
public RightWay there to prevent automobile traffic so I would like to see this on a personnel and finance or safety in public works wherever it's most appropriate just to look at the feasibility on if we can hey look nobody's on the sidewalk in that impressive but just to look at the Fe
the the cost of what a couple of Bard would be and if we can feasibly do that while maintaining Ada acccess ility and all that here on an agenda for an upcoming meeting I'd really like to see that it sounds like a good item to start at safety and public works yeah I
believe there is a Ballard on the far Westerly side a little bit further down actually I think there's a ball I think protecting the building on one of the corners that I off the alley yeah protect y but yeah that's something to explore see what the cost would be it's obviously going to be safer if we did
that so good one for SP PW mm is that all Mr Johnson thank you sir all right thank you Mr Johnson uh couple things I wanted to say sorry to all the kids out there that didn't get to go to school on Monday or Tuesday I know they were all very sad about it my daughter was for
sure she can't wait to go back tomorrow but I want to say a big congratulations to the Brainard kicksters for winning a high kick state championship for the second year in a row that's pretty huge I think I think they're they were 20
years out from their previous one or maybe a little bit longer so coming back and beating some of those teams that had been winning for so long it's it's it's a a really big deal I believe that the brainer dance line state tournament is one of the top three state tournaments
of all sports I don't know if that's a rumor maybe somebody needs a fact check me but it's like uh Minnesota State Hockey uh Texas football and Minnesota dance line your wife tell you that yeah I I saw it on the internet what a dance
it's right what a dance dad anyway that's all for me um thanks everybody for putting up with me again so it's 8:47 but we are actually looking to adjourn to a closed session this is a closed session pursuant to Minnesota
statute 13d .05 subdivision 3 C3 to discuss counter offer for temporary and permanent easement do I have a motion I'll move Eric motion by Eric second by bevans all in favor I against same sign that motion
passes we can now adjourn let's meet back in here at