was living there. Okay. At this time, we'll call the order of the February 9th, 2026 uh council regular meeting to order. Please rise if you can to say >> present. Algiance to the flag of the United States of America and to the republic
for which it stands. One nation under God, indivisible, with liberty and justice for all. >> Make a motion to adopt tonight's agenda as presented. >> Second. >> Have a motion and a second. All in
favor? I Uh item 40, presentation hearings. Mr. Mayor and Council, uh we have uh presentation and a public hearing this uh this evening for consideration. Um and essentially what we have
currently today is for plumbing permits. Uh and these are permits for commercial applications. Right now, the Department of Labor and Industry needs to conduct a planning uh the PL plumbing plan review
for the public and commercial projects uh within our jurisdiction and there is uh the opportunity to change to allow a third party to do this and we can walk through this. But essentially as it stands right now uh we had a project
come through the city. Um it was fasttracked somewhat and and when they uh realized they had to go through Department of Labor and Industry, they realized there was a six-w week delay on on getting this done and that kind of torpedoed their
project. So, uh they were looking into other options and Rum River Consulting is one of those options. It's just we need to have our ordinances and our resolutions in place to account for that. But essentially this is covered by Minnesota um statute 1300.0215
subsection 6 where it says prior to installation by any person corporation or any public agency of a system of plumbing that serves the public or that serves any considerable number of person persons or any plumbing system that shall affect the public health in any manner. Complete plans and
specifications together with any additional information that the commissioner of labor and industry may require shall be submitted and approved by the commissioner. The appraisal of the commissioner shall reflect the degree to which these plans and specifications affect the public health and conform to
the provisions of the Minnesota plumbing plumbing code. No construction shall proceed in accordance with approved plans and specifications except in accordance with those approved plans and specifications. And so currently what we have before you here uh this evening is ordinance number
2026-01 which requires us to um uh change uh our local statutes for plumbing permit administration and plan review and inspection. We have a resolution amending the 2026 um fee schedule for
plan review and plumbing and permits and resolution 2026-07 approving the agreement for the Minnesota Department of Labor and Industry plumbing plan review. And then the final item is the agreement with Rum River Consulting. We currently have an
agreement with them for other uh permit um type of work that they do for us on a as needed basis. So this would be modifying their agreement to allow for utilizing their specialty in commercial
applications to try and short circuit that six week delay in this case. And perhaps it's um it's odd that it's six weeks. I don't know. It might be normally 6 weeks, but at any rate, we want to be able to have another uh tool in our toolbox to ensure that
these projects that are are going through can be done in a timely basis and and people can meet their requirements. Um so we have the background information here as it relates to um obtaining special
delegation for the city of East Bethl. Uh we have to take several steps to formalize this delegation including the approval of the ordinance as indicated to offer local plumbing plan review services, the endorsement of an application and submission of an agreement with the state of Minnesota,
the establishment of local fees, and ensuring the designated representatives of the municipality are eligible to perform local plumbing plan reviews. Um we did touch on the cost on this. there is no cost to the city. There is a
possibility of generating additional revenue for those uh plans and um review of those plans and permits. Uh but aside from that, um I will turn it over to you, Mr. Mayor, for a public hearing in case there's anyone in the public who
would like to comment on this. Okay. At this time, we'll open a public hearing for administrative changes to the processes for building permits. Anybody want to address the speaker? Come up here.
Seeing none, I'll close the public hearing and we'll move forward with the uh motion to approves. So, Mr. Mr. Mayor, the first is an ordinance number 2026-01 um adding chapter 14 article 3 section
14.52 of the East Bethl code of ordinances creating local statutes for plumbing permit administration plan review and inspection in the city of East Bethl. Make a motion to approve ordinance 2026-01
creating local statutes for plumbing permit administration plan review and inspections. Second. >> Have a motion and a second. Any further discussion? >> Yep. I have um a couple of questions on
this. So, what is the proc I'm a little confused on the process of a business needs a plumber. Do they go to the state and they find out it's too long and then come to the city and we go to Rum River
or do we send our own public um what's the word? Uh >> worker yeah inspector to that what is going to be the process for the person needing this >> service?
So uh Mr. Mr. Chair and council members, the process will be instead of it automatically going to the state, it'll automatically go to the city then at that point and the city will coordinate with Rum River because they have the individuals that are licensed to to
inspect these plans and and review them and um and thereby will complete it on this end, not on the state end. Um and uh should be much quicker. >> Okay. So, it's just it's all going to be
all on the city because I'm feeling like the city is already got too much on their plate and this is adding one more thing. So, do we really want to add one more thing? >> Um, Mr. Chair and council members, it is
it is potentially adding one more thing although we are contracting with Rum River to to fulfill that function. Um, I think it's in the interest of trying to help out our businesses so that
they're not languishing with unnecessary backlog and delay at the state. >> Okay. So, I now I was looking at those fees on there and they seemed a little
extravagant in my views. Now, I'm just wondering, is it higher than what they would pay just going to the state? Is it the same? Is it less? I have not compared both of them, but I believe they're consistent
with the state. >> Okay. And those fees are is it what I'm assuming the different things are stacked onto each other. So, if they need everything, it's going to be uh all of the fees at once or is it that would they just need if they might just need
one or two things, then it's those things put together. >> I'm just trying to get to the page you're referring to here. >> Yeah, it's all the red. >> Is it page eight? 34 right now.
So perma fees are based on valuation. So that'd be no different. >> Yeah. Page eight >> right there. Okay. >> Yeah. Page eight has it listed as they are in or as it would be in the uh city
fee status. But what you're referring to, it's uh I think the same fees just laid out in I think a contract with Rim River. So, they pay the city this and then we pay the contractor or they pay
the contractor. >> I'm sorry. They >> the business that's using the service, the fees are paid to the city or they're paid to the contractor. >> The contract is with Rum River and the city. So, they would pay it to the city
>> and then the city reimbures the contractor >> and the city would pay the contractor for their for their work. Yes. And then so how is the city going to make a profit? >> Well, um I think that there's uh some
work that our inspectors can do and there's some work that we would rely on on Rum River to do and so of the work that the city would be doing. Um there would be uh there would be revenue generated from that. Um keep in mind this is for commercial.
uh we don't have significant amount of commercial coming through. Um at which point we would we'd have to consider either exclusively using Rum River for all of it or or you know potentially kicking it back to the state at that
point. But right now uh given the numbers that we have, it's it's um it's reasonable to bring. >> Okay. And then my last questions is should this not be going as we planned,
what is would be the process to resend it or just remove the ordinance or >> Okay, that's all I have. >> Any further discussion? >> I would we're doing this to prevent six week or or lag time. Correct. So if we
get in the event, we're actually protecting our businesses and looking out for anything that could happen potentially down the road. >> Right. So Mr. Mayor and Council Member, the prior project that I referred to you uh was a small project that probably
wouldn't have taken more than a day to review. Um and the backlog was six weeks before they could even get to it. So creating a major problem. I think they were up against um uh you know freezing ground and things of that nature that
they just did not have the six weeks to deal with. It was they were going to lose the project. So So they had inquired as to why we weren't set up like similar cities um that Rum River works with. And it was a good question
which led to this this evening is that there's there's no reason why we shouldn't have this in our toolbox in the event that we need it to to help our businesses. >> Are there any other companies locally that do this other than Rem River? >> Not that I'm aware of.
>> Okay. Thanks. >> Any further discussion? >> Mr. Hearing none, >> Mr. Mayor. Oh, I'll I'll chime in just to uh answer the question on fees for you, Commissioner Urkel. Um, so staff took care of all this. I wasn't involved, but reading the contract, it
looks like the plumbing review fee is an 85% remittance back to the inspector. So, the city keeps 15% of that fee. >> Okay. And there are similar remittances for different building service inspections. So, I think the standard
inspection was 80% to the provider, 20% to the city. Um, but those are laid out within the contract so you can see how much the city will get to keep. >> Yeah. And but I'm I was trying to compare it to what the state was charging because would the state do about the same thing?
>> You know, because I didn't work on this. I don't actually know um all the details, but I can tell you that DI has a schedule up on their website that shows what the fees are based on a percentage of cost. And I I guess I can't on the spot confirm to you that the fees are all consistent with that
DOI schedule. >> All right. It still looks like a pretty good deal. >> Okay. With that said, uh we have a motion, a second. All in favor? >> I opposed. >> None heard. Motion passes.
Resolution 2026-06. I'll make a motion to approve 2026-06 amending the 2026 FE schedule to plan review and plumbing permits. >> Second have a motion and a second. Any discussion? >> Hearing none. All those in favor?
>> I opposed. Unheard. Mo motion passes. Uh resolution 2026-7. I'll make a motion to approve 20267 approving the agreement for Minnesota Department of Labor and Industry Plumbing Plan Review. >> Second.
>> Motion and second. Any further discussion on that one? >> Hearing none. All those in favor? >> I opposed. None heard. Motion passes. And on the agreement of the building official services Rum River cord consult
consulting. >> Make a motion to approve the revised contract with Rim River Consultants LLC as presented. >> Second. >> I have a motion and a second. Any further discussion on that one? >> I do have a question. Exhibit C on the
Rum River Consultant valuation data table. Everything seems value per square foot. They've got masonary fireplace at $34,275 per square foot.
Am I reading that right? I'm not exactly sure. This is the uh valuation not necessarily relating to what we're talking about this evening. However, um I can I can research that to figure out uh
what's going on. >> I just didn't want something snuck in there. >> No, this would be Yeah, this isn't relating to the plumbing portion of it. So, >> apparently masonary fireplaces are pretty expensive.
>> That was it. >> Any other discussion? Uh, and Jacob, you did review this contract and found it acceptable. >> I did not take the moment to review it other than to quickly have familiarized myself for council meetings. So, I can't um I can't say for sure that everything
in here is as it should be. But, if it's a contract the city already has in place, I I assume then that the bones of it >> are uh valid. >> Nothing jumped out at you. >> Um, nothing major jumped out at me. small things that I would change if I had the chance to start over, but we're
not there and it's not um necessarily relevant. >> Okay. Thank you. >> Any further discussion? >> None being heard. All those in favor? >> I opposed and motion passes.
public forum. Um, Evan Jones. >> Hey there. Uh, I I put my name on the sheet because I have I'm applying for a conditional use permit. >> Are all four of you part of that group? >> That's correct. >> Okay, we'll just wait till we get to
that group then. Thank you. Consent agenda. >> Make a motion to approve the consent agenda as presented. >> Second. I'd like to pull item D, G, I,
and J. >> I want to pull I want to pull C. >> So I've got C, D, G, I, and J. Correct. >> Yes. So, we have a motion. We get a second.
>> Second. >> Oh, yeah. You did second it. >> Okay. All those in favor of the amended uh consent agenda. >> I >> I >> opposed. Unheard. Item C. Matt. Page 43
underneath 408. It says Miller on two parts. supposed to be on that one. I brought that up to the sheriff. Page 43. Page 43. Item number 43.
Okay. Those changes done or just approve it based on those changes. I'll make sure the records changed. >> I'll make a motion to approve item C with the changes that I've given the city administrator. >> Second. >> Motion second. Any more discussion?
None being heard. All those in favor? >> I I >> opposed. None heard. Motion passes. Item D. >> Item D is the approval of the advertisement for public works seasonal employees. I just didn't understand why
there was a range of per hour because in the past it's always been a set price per hour like $20 or 16 or $18 per hour and now this says it's like 15 to $23 per hour or something. So I'm just
wondering why there's not a set price for that. >> How do we advertise? you could get paid $15 or $24 an hour. How does that work? >> Uh, Mr. Mayor and council members, it would depend on the experience of the person applying. If they have experience
with heavy equipment or if they have worked here before, whatever the case may be, maybe they're brand new and need training, that would that would kind of dictate kind of the hourly at that point. >> And so no matter what, they're going to
get $7,000. So, they're going to work less if they're getting $23 an hour and more if they're getting $15 an hour. >> No, I I would say with experience we would um we would utilize people with heavy equipment, perhaps more
specialized experience than somebody that just runs a mower perhaps to give you an example. Well, that didn't exactly answer my question because the total allotted funds are $7,000. So, if
we hire somebody at $15 an hour, are they going to work more hours than the person hiring at $23 an hour? >> No, I I think $7,000 is the amount allowed. >> Yeah, >> it's Think of it up to7,000 if they work
at $15 for 40 hours a week. Uh, if we only spend $6,000, we have $1,000 left over in that fund. >> Okay. >> Does that explain it better? >> And if they're making $23 an hour at 40 hours a week, it might exceed$7,000.
>> Well, it it's up to7,000. >> Okay. All right. I'll make a motion to approve item D in the consent agenda. >> I'll second. >> I have a motion, a second. Any further discussion? None being heard. All those in favor
>> I opposed. >> On her D passes. Item G. >> Item G is the approval of temporary construction easements for Viking Meadows development. And we just got this multi-page packet tonight. So, I'd
like to make a motion to table this so that I have time to go through it and read it and see what this is all about because I sure didn't have time to do it tonight. I really dislike getting things that we have to vote on at the meeting.
>> Yeah, Mr. Mayor and Council, the these this was emailed out. However, um I had the uh the attorney was working on this trying to finalize the information for this evening. I'm wondering if we can have Jake kind of run through the
specifics and and uh for approval. >> That would be great. >> Okay. >> All right. Thank you, Mr. Look, mayor, council, uh, these are routine documents. They might seem lengthy. I understand that, but they relate to finalizing the Viking Meadow second um,
edition development. Essentially, what happens is as as the developments take place through their phases, the city takes ownership of some of the outlaws within the development. So, land that used to be owned by the developer Viking Meadows will be conveyed to the city.
Those pieces of land still require public improvements and the developer needs to make public improvements on city land. So, as part of that, we grant temporary easements to allow them the right to go onto those pieces of property to conduct the activities
within the scope of the already approved development agreement and development plan. So, there's no change in the scope of the work that's being done. That's all been long ago approved. Uh, this is really just permission to enter and operate on the city's property. These particular easements are drafted to expire automatically at the end of this
year. So December 31, 2026. Um no further action would be necessary once they're recorded. They will just cease to be uh to be valid. So there's no additional filings that would need to be made. Uh that being said, we all anticipate that there will be a Viking Meadows third edition. And so if you
know, goodness, I'm wrong here today and there is a need in a year or a year and a half from now to make adjustments, we can do that as needed. And the same goes for any extensions of time that might be required if in fact the developer needs more than 12 months to complete the uh public improvements. Notably, we're
talking about storm water connections uh infiltration water uh the the conveyancing of storm water as they connect into the wetlands on outlots ABC in the second phase and then u B through F uh in the first phase. Though I understand some of the work has been
done already. This just gives you blanket permission to enter. Um, we require your approval because the city's conveying um, you know, a non-possessory interest in land. U, but these are critical to getting the project moving on time and recorded for next week.
>> Okay. Well, that sounds great to me now that I understand what this is all about. Um, so I started to make a motion. I didn't quite make it. Do I have to resend what I said? >> You know, I I don't recall how you started things. So, you can go ahead. I
was going to make a motion to table it. >> Never got sent seconded. >> It never got seconded or anything. >> Sure. Then it fails for lack of a second. Mr. Mayor would call the call the order on that. >> Okay. Just call that motion failed. Mr. >> Call a motion again on item G.
>> I'll make a motion to approve item G of the consent agenda. >> Second. Have a motion and a second. Any further discussion? None being heard. All those in favor? >> I I opposed.
>> Unheard. Motion passes. Item I >> Okay, item I is I just have a question on it because I was reading through it and it talked about um the gambling the city gets 10%. Is that
from everybody including nonprofits or just b the businesses that make the money? I that I was a little confused because I thought nonprofits kept everything. I don't know. >> No, >> I'm just curious. >> The site site locations are right here as to where the gambling is occurring
and the amount collected from that and the total down here. The um the I think that may answer your question, but uh but then to further the $62,38610 goes for public safety. So, we utilize
that in in our to offset our sheriff's contract. >> Yeah, I Yeah, I I knew that. I was just wondering so if um public 6 if the chamber of commerce is uh or
um another 501c3 is sponsoring a pull tab thing. Do does a nonprofit pay the 10% too or it's just that business? >> This is all run through nonprofits,
>> right? They would all be nonprofits, but um I >> Okay, >> I'm just curious. It's not anything that was going to um >> disapprove this. I would just curious. Uh I'll make a motion to approve item I
on the consent agenda. >> Second. We have a motion and a second. Any further discussion? >> None being heard. All those in favor? I >> opposed. Unheard. Item J. >> Item J is the upper Rum River um water
management proposed budget increase because they have a um mandate to do a 10-year plan. I am just wondering if they can't
rearrange their budget because I know these other cities are not going to want to approve this increase or are we the only ones having to pay the increase? The increase is spread out between all the cities involved. Correct.
>> Correct. >> Correct. >> Yeah. Because I know it's always been a fight. Each of them are required to do the 10year plan and they cost anywhere between 50 60 $70,000.
So they're budgeting and and working on it. So it's not such an impact >> on the budget. Otherwise it'd be it'd ask for a big chunk of money. They're trying to get ahead of it. >> Yeah. If uh Matt you go to page 62.
Yeah, right there. Uh the both the upper rum and the sunrise because Sunrise just went over this as well. They did actually rearrange their budgets because if you look at the top line of the last two years where you have dark blue and
light blue, that is the total of the budget. But the actual budget called operating budget is in the dark blue. The money that is being requested for the 10-year plan is
the light blue. So if you actually look at the 26 and 27 budget, those are in line and in fact 27 is going down. So they did rearrange the budgets to that they would be spending less in order to
um Did I cover that? That's a good explanation. Thank you. Because I looked at this, I'm like, I don't even know what this is talking about. Um I just I I like that they're doing that.
I'm just concerned that the other cities are going to not approve and then we're going to have that problem that we've had in the past. Um but thank you. I just feel like this
is more unfunded mandates from the state and it's just not right. But that was my that's my piece and with that I'll make a a motion to approve item J. >> Second. >> Okay, we have a motion and second. Any further discussion?
None being heard. All those in favor? >> I opposed. >> Unheard. 7A. Uh concept plan review of Friday stable estates. >> Thank you, Mr. Mayor, council members. This is a concept plan for an eight lot
subdivision on Greenbrook Drive. The Todd Christensen on behalf of MC Land Holdings LLC has applied for the concept plan. The property is on your screen. It is guided and zoned rural residential. The planning commission held a public hearing at the meeting on
January 27th and voted unanimously to recommend approval. There was no one present at the meeting to speak on this item. Again, this is the southern portion of the city. So this borders Ham Lake on the south surrounded by um single family
homes and large lot residential on the other three sides. This is the concept plan as submitted. There are three lots uh budding the street on the north and five lots here. One of the things I would note is that the lots do meet the lot width at the
lot line but does not appear to necessarily meet it at the setback line which our code requires that you meet the lot width at both the lot line and the setback line. So we did include in the draft resolution just a condition that the applicant dimension that to ensure compliance when they come back
for preliminary plat if you recommend approval tonight. So based on the materials in the staff report, we do we do have a draft resolution approving the concept plan with that condition that they ensure compliance with the minimum lot width requirements. Again, it does generally
appear to comply. Alternatively, if you find that it does not u meet the lot width requirements or something else, we have drafted a resolution for denial as well. But again, the planning commission and staff do recommend approval. And I'm happy to answer any questions.
So, I actually have a bunch of questions, but my first one is something I'm not quite understanding. Um, this is rural and it's zoned rural. So, and this discussion came up at the
planning commission. It's supposed to be two and a half acres, but these are two acres. Is that what I understood? or these are >> the um I think maybe the the issue was that that you can't have a density of
more than uh one per two and a half and it does comply with that there it doesn't comply with the comp plan which says one per 10 but our code does allow these lot sizes this in this district so it does comply the only thing that was perhaps not in compliance was the 200
foot minimum lot width uh which it does show compliance at the lot line but doesn't show a dimension at the setback line. >> So, and is it supposed to be the setback or is it supposed to be the lot? >> Our code's a little unusual. It requires
it be that dimension at both the setback line and the lot line. >> Pick one, but you pick two. So, he has to show that they comply at both spots. I I think um they need to comply at with
the setback with both of them. Um the other thing was there was a resident that complained about um the traffic at what is it 183rd. They say they have a really hard
time getting out of there as it is. Um, so I was just a little concerned about the number of driveways coming in off of that road and impeding that traffic issue. >> You're right. That was after the public
hearing was closed. The chair did allow a resident to speak. I apologize. Um, this is a county road and so, uh, Anoka County has reviewed it and has provided preliminary comments, but they will absolutely have another opportunity to
comment at the preliminary plat stage, uh, and will have to issue permits for the driveway. So, they generally their comments, which are in your packet, uh, they didn't have any, they would always rather you not have accesses onto the road, but they didn't have any particular objections.
And are these going to have to be paved driveways or >> um I don't think the applicant is here tonight, but um what he indicated is he's a developer, so he will um plat the lots and then sell them to individual homeowners. So, at this time, I don't
know. Um given the price of the lots and the expected price of the homes, I would expect they would have paved driveways, but it's it's I don't know at this point. >> Okay. Um
there that one lot. Um I guess it's the first one that looks like a triangle. >> This one. >> Yeah. That seems like it's a not a good shape for a lot because at
the point or almost the point it doesn't seem like it would be wide enough. How what is the dimensions on that? I just feel like >> if >> on the right side that's 38.54 feet. >> Yeah,
>> it's almost 40 feet. That's a decent dimension. Is that a good size for a It just seems like if if one of the lots had to be eliminated, I would recommend that one.
But I do think they need to have that um 200 ft including setback and flat line. And that's all my comments. I read in the wood um
we're going to have two type of houses, one in the 500 range, one in the 700 range. Is that >> Yeah. I mean, I think what he said at the planning commission is he's still working through that, but that's what he said. Yes. In his narrative. >> So, so Hawinson's report is from the
first one that was presented. That really doesn't address >> December 16th. Seems I It was just a concept. I was going to make the recommendation that we have updated engineers report by the preliminary. >> Yeah, because that's on the 17 lot one.
>> I apologize. That's my mistake. We did get an updated memo and um I'm sorry I did not swap that out um between planning commission and council, but he did provide a memo. I'm happy to provide that to the council as well, but he did not have any significant issues. More
comments about needing the minram for the wetland delineation and storm water plan >> because I because I would think that number five on that original report, he'd have the same on the next report. Is that the street frontage? >> Uh it was a very different plan for the
first one and my sincere apologies that that did not get updated. Um I did reach out to him to get the new memo. He gave it to me and um I apologize. Um uh but the street comment did go away.
The previous plan had um a culde-sac coming down here, >> right? >> Um so um I will I will share that with Matt and he can share that with the council if you'd like. Um but he did not have any concerns about this plan other
than comments about storm water wetlands and um uh requirement that the county obviously issued the permits for the county road. >> Okay. Any other?
>> So I I'm wondering if we should table this or just deny it if we were want him to come back with that 200 ft modification >> 200 feet for which
>> yeah so the uh draft resolution does um yeah either option the approving resolution approves with the condition that he comply with the lot with requirements. The denial resolution is based on the fact that he doesn't current he hasn't shown compliance. Um
he certainly understands what he needs to do for lots five, six, and seven um in particular where the concerns are, but that is up to you, Mr. Mayor and council members. >> Yeah. Essentially on the concept plan
phase, if there's any big issues, this is for feedback. um we we don't actually even have to approve or deny it for him to go to preliminary. Um so if there's a 200 foot setback
items that you want to see addressed um make it known and we can still approve it. The concept plan is really just for feedback purposes. It it has no legal bearing. Correct me if I'm wrong wrong,
Jacob. no re legal bearing for if we approve or deny or not even vote on it that it would not hinder providing a preliminary plan. >> You're correct, Councilman Rundle. They just need to come and seek a concept plan and it is uh very useful to have an
approval. >> It's that makes sense, Suzanne. >> Yeah, I think I'm still stuck on that. 2.5 acres though where it says the concept plan shows less than one unit per 2.5 acres.
Two acres and a maximum density of one unit per I just thought everything had to be 2.5 acres. So it's my mind but it's okay. >> It does. Are you looking at the engineers memo or the staff report? What are you looking >> I'm looking at the resolution actually right now but I
>> did see it in those two. As we look at page 70, what's required for the lot area is two acres with the density not to exceed one unit per 2.5. What's proposed is 2.2 acre minimum. So it
exceeds the 2 acre roughly one unit per 2.65 acres. So it exceeds the 2.5. >> Okay. Thank you for explaining that. I got it now. And if we look at the >> if we look at the lot width as 200 ft at
public rightway that's what's required uh proposed we have a range of 200 ft to 309 ft depend depending on the lot at the rightway. Uh what we are asking for
clarification on on the preliminary uh what's required for lot width is the 200 ft at front building setback. There is no dimensions on this uh plat
to verify that. So what is proposed is having that provided at the plary. Got it. Any other you good? >> Yep, I'm good.
All right. Maybe I'm not. So, the approval is going to include that 200 ft, right? >> The >> Okay, got it. >> Yes. It's not enough information available to check at building setback. So
we can approve it with the condition that at the preliminary it has that those dimensions on it. >> Okay. Why don't you make that motion? >> Okay. Uh I'll make the motion for recommendation with the condition that
at the preliminary plat stage that the plat shows the dimensions of 200 ft or more at the building setback. >> Second. >> Okay, we have a motion and a second. Any
further discussion? >> None being heard. All those in favor? >> I opposed. Unheard. Motion passes. Item two, conditional use for uh cannabis micro business. >> Thank you, Mr. Mayor, council members.
Uh this is an existing building on Johnson Street. The applicant is proposing to purchase the building for the business. Happy Earth Made Products Hemp LLC is applying for a cup for a cannabis micro business. The property is
guided and zone light industrial and cannabis micro business is a conditional use in that zoning district. The applicant has asked for two endorsements and that's something that the state does with this. So we call out the endorsements that are being requested
and specifically an endorsement for cultivation and for production of consumer products. There is no retail endorsement as part of this application. So there will not be retail on this site. You've seen some recently that are retail. This does not have a retail
component. Employees only on the site. The planning commission did vote 4 to one to recommend approval of the request. The packet includes the floor plan for the micro business. So you can see the different activities taking place on
site. Uh the the uh ordinance includes 10 standards for a general cup approval and chapter 30 of the ordinance includes specific regulations for cannabis and staff outlined in the staff report how this application does comply with those
items. And as council has seen micro or cannabis businesses come forward, you're familiar with the fact that the city needs to approve the business first before they can get licensed by the state. Uh staff does find that the ordinance standards have been met and
we've prepared a resolution with findings of fact and conditions of approval. And uh option two would be to deny it. But this is a conditional use permit. you would have to outline specifically which provisions of the code have not
been met. Uh so again, staff does recommend approval. We have a draft resolution with conditions and findings in the staff report. Happy to answer any questions and as you heard earlier, the applicants team is here tonight as well. >> I have a question. Are we 100% sure that
Galaxy Gymnastics is no longer in business to the north of them? I don't have any idea if Galaxy Gymnastics is in business to the north of them. >> I I don't believe so. I believe they
long moved out and that uh different ownership now is of that building. >> I just want to make sure because once I punch that out, you know, we have buffer zones. >> Yeah. Last thing I want to do is, you know, pop a good business that wants to
come here next to a a place that is catering to minor children basically as in their gymnastics program. And if you look it up on the website, it seems like they're active, but driving by there today, I know you drove by today, too, didn't you?
>> I couldn't tell. Okay. >> And I don't want to waste anybody's time, but resident children come first. If it's no longer there, then I don't have any issues. >> I I don't think Galaxy has used that
building for 10 years or better. And uh I drive by there weekly. Um there is no generally the owner kind of blocks the entrance to it and when times when I have driven by that they have the garage
doors open that uh for the gymnasium call it portion that is full vehicles. So I would I would 99% sure without looking it up say that Galaxy is no
longer operating >> there do not show our analysis show that it is not operating there. So certainly that is um what our records show it um is based on current status. So we
don't believe based on the records that we have at city hall that they're operating in that business. >> Okay. when I looked it up on Google Map just to check the area around it and see what was there. That's a thing that popped up right next to it and I said, "Hang on a second. We got to check this out first." >> So, if it's not running, then it's
>> Any other discussion? >> Yeah, I got a question. Uh, does this have to be a coop? >> Does it have to be a coop? Uh, this application has to be a CUP because that's the way our ordinance is
written. Um, and Jacob can correct me. I don't believe that we needed to require CUPs for micro business, but that's what we chose to proceed under. >> Mr. Mayor, Council, uh, Miss Lindol, you're putting me on the spot here, but I tend to agree with you that it is
because of our code requirements and not because of any overlying requirements by the state. So, it has to be >> correct. Because of our code requirements, it needs to be a CU >> because I'm just thinking it's like a CU and I'll just say the business comes in
and they happen to fail. I don't want them to fail, but it's happened before. Then that means with the cup the other if another business wants to come in, they got to be the same business. Correct. >> No, that is not correct. Um, the way a cup works is that it conveys the right
to operate a particular type of business on the property. And in this case, that right would extend uh in the event the applicant did go out of business at some point in the future, it would extend for up to one year, assuming no activity took place that was related to the approved activity. So, in this case,
cannabis uh related businesses. Um, a subsequent user does not necessarily need to be a cannabis business. It could be any other user that would comply with the zoning district. >> Okay. So, if I understand you right, so then it would have to sit empty a year.
>> No, let me start over and say what the CUP does is it opens the door to allow a future user to operate a cannabis business here as long as they comply with the general temporal requirements regarding expiration of a conditional use permit. They they don't exist
forever if they're not being used. >> Okay. >> So, another business could come in not related to that. >> Another business could come in that is not a cannabis business and operate as long as they met the zoning requirements, which Miss Lindol would help analyze. >> Thank you.
>> So, m Mr. Mayor, could I just clarify something? And what I wanted to pull up was the code just because you threw me on the gymnastics thing, which I don't think is there having driven by it, but our buffer requirements don't apply to a gymnastics facility. They reply apply to
a school property, a daycare, a residential treatment facility, a public park, or other cannabis businesses. >> What if the business itself is catering to miners?
Okay. I I I don't you know, it's like a special use or or intended for youth only kind of business. I think that's think about down the road. >> Well, that's something we could look at in the future. I think that's why I was
sort of looked stunned when you asked me the question because I have driven by it. I don't think that's in there. But that is not the measure today. And it does comply with these buffer requirements for these five items. Mr. Mayor Council, I'll I'll add on to
that and say some communities have taken an extremely aggressive approach to regulating buffer zones and so we are unsure whether they'll survive challenge, but um I think to the point you're trying to make, Council Member Miller, some communities have said that
if it attracts children at all that the buffer could be applicable. We just aren't sure if the courts will agree with that at this point. What's my opinion on it? I've got a granddaughter, her granddaughters, and I tell you what, I wouldn't take him to gymnastics next. Nothing against the
business whatsoever, but I'm thinking about them first. >> I do I do think that some cities also have what they call special. I know there's something special written in there for youth activities or businesses that cater to youth.
>> Mr. Mayor, council member, I think that that's exactly what we have in our code in section 30 of the zoning ordinance is is uh regularly used by minors, including, for example, a playground or an athletic field. Um, in this case, we are dealing with a non- retail establishment. So, it's essentially an
industrial use inside of an industrial building, >> right? But if you read the paperwork, it says somewhere along the line that they could come back and ask for that to retail,
>> they have the opportunity that they could. >> That is correct that the type of license they're applying for through OCM does have that capacity. uh they would still need to receive endorsements and the city retains its um currently the city
would um have to treat the applic that application for a retail endorsement the same as we have it today but cities do have the authority to regulate at the endorsement level as as stated by OCM. Our code does not go into that level of
detail right now. That would be something we could explore in the future. Um, and as Miss Lindol had said, at a later date, maybe it makes more sense to evaluate buffer zones with regard to endorsement type. >> Okay. I have uh did you have more to say?
>> Thanks. >> Um, at the planning commission, the commissioners recommended they put extra fencing around um for security and which I kind of agreed with in my mind. Not
orally there because I'm thinking about how crazy people are getting these days. So, can we insist they put like chain link fencing for extra security around there? And um my other question is
what if some of the conditions fail like uh that order starts spreading around the community and community members complain and I understand they've got all this HVAC technology going in there that's supposed to
prevent it but what if it doesn't? Are we going to be in court for years fighting these pe fighting these people like we have other businesses in this city um with fines and letters and you know just all this repetitive stuff?
Are there stipulations in there that they must shut down and immediately and or we can lock them out of their building or something, you know, to stop it if that happens? So, a couple things. The planning
commission recommendation did not require fencing. We had a conversation about it, but it's not a requirement of our code. >> Okay. >> Um, and again, this is basically an industrial use. Uh, that's what it's going to look like. And I think the applicant uh talked a little bit about
how the site functions. Everything's internal to the building. And I would we could think about whether it's easier to get into over a fence or into a building. Um but that is not a condition in our code nor was it a condition of
the planning commission. Um and the applicants could talk about their business operations a bit. The other thing that we did talk about is the smell. I mean I think people are very legitimately concerned about the smell of cannabis production facilities. Uh so
is the state. So, the state does have very strict standards about the HVAC um system um that's required. So, it's important to the state and to us that we don't have the smell that I smell driving down the road every day on the
way to work from people's cars um >> in our neighborhoods. And so, they have a complicated system of an HVAC system, a UV system, and something else I'm forgetting. If it is smelling, we would treat it like any other code violation.
Uh we would probably elevate it to the um state department as well to notify them. We don't have the ability to shut down a business, but we certainly can get on the code enforcement issue uh very quickly and pull in the state as well because it would be a violation of their approvals with us and with the
state. >> So, how long will the residents have to live with that smell until it gets resolved? That's going to be a problem. >> Yeah. >> If if if the HVAC system doesn't work like everybody thinks it's going to. >> Yeah. I mean, if the HVAC system fails,
I don't think anybody will be more motivated to get it fixed than the owner because that's a critical part of their operations. Um but um you know, code enforcement um issues do take some time, but this is something that I think is important um
for them to keep their license with the state and their conditional use permit with us. So they could maybe speak more to that process. But again, I that I think is something that we have a problem with any business. I don't want uh fast food restaurants HVAC system to
fail either and be smelling that stuff. So um this has a more restrictive set of governing rules than any other business I'm aware of in terms of the HVAC system in the state. Okay.
Well, I make a resolution granting to approve resolution 2026-11, a resolution granting a conditional use permit for a cannabis micro business located at property located at 23773
Johnson Street Northeast. >> I'm going to second question. >> Okay, we have a motion, a second. Any further discussion? >> The group is here. You guys kind of a talk about using some sort of charcoal filtration
system or something that we can count on. >> The answer is yes. >> Please state your name and address please. >> My name is Evan Jones. I live at 2565 Kiwani Way in Golden Valley.
>> And the answer to your question is yes. Uh we will be not using a forest air system. it will be recirculating in each room. So, we won't be forcing our air directly out into the the neighborhood. Uh there's also a UV system that will be
the air that does bleed out will be will be filtered through the UV system and then uh an industrial carbon filter on top of that. I didn't notice what what type of growing are you guys going to be doing hydro growing going in ground?
>> Uh it'll be soil. >> Soil >> yep soil and benches. >> So are the people who are working there subject to inhaling some of this stuff or everybody's safe? >> Yeah, the in inside the building it will
be pretty smelly. Uh but the vapors tend to not uh harm so much. You have to actually ingest the the product itself or or combust it. >> Any other discussion? >> I I'm just going to make um a comment on
a personal issue. I'm not in favor of any of these cannabis laws that came into the state. I feel like it's against my Christian belief. I think I have to vote for this because
it's legal through the state, but morally I am against it. So, I just want to make that statement loud and clear. >> One more question. So you're going to be a grower then you be growing
>> y what seed through harvest according to your maps and all this stuff? >> Yep. Both >> blueprints. Um are you at any time going to be selling out there directly to the
>> No. Uh we do not plan to upgrade this facility to be any kind of retail. We will we plan for this to be exclusively cultivation >> and then what do you do with >> and some some light product manufacturing and pre-rolls which does not require any costic chemicals.
>> Have you done this before? >> Uh I personally have not on a commercial scale. Uh but we our team is very experienced in this in this field. >> Then where does it go from your place? Uh we sell directly to businesses
directly to other other retailers in the state. >> So do you are you guys making gummies and all that stuff or just >> just we're just cultivating flour. There's no plants to manufacture. >> Okay. So you sell it to the gummy makers and the CBD people and all those people.
Okay. >> Exactly. Yep. They they can refine it if they want or just sell it as flour in their their establishment >> as long as we are following OCM guidelines. Got >> it. Anything else? Okay, we have a motion, a second. All in
favor? >> I opposed. >> None heard. Motion passes. >> Thank you. >> Thank you. >> Fire department. Uh, mayor, members of the council, good evening.
>> Good evening. >> Uh, usually we do these kind of updates at the end of the month. Um, however, uh, I feel that we've hit a significant milestone. Everything that I can find says that our staffing limit is 35 members. That's what I was told when we
started or when I started. Uh that's what I can find written down. I've heard varying numbers. Um however, um with the hiring campaign that was started in April, uh we have hit that number. We've we're actually at 36 members including
myself. Um so, and we have one person on a waiting list to get into our fire department. Um this is uh exciting because there are recruitment and retention um
hardships throughout the US and we've been able to add seven people uh bringing our numbers again to 36. Um this was carried out primarily by the interview board members as well as other
people who helped get the message out. But um like to recognize uh Deputy Chief Uden, uh District Chief Hoffman, uh Captain Joe King, uh firefighter Downey, Madison, and Bulki uh for being able to
move these people through the process and uh get them started with us. Um with that, we have five that are going to be starting the academy tomorrow, uh which is exciting. uh they're in for
approximately four months of training uh to become uh full members of our department. Two of our probationary firefighters came from other departments having experience uh so they're going through our mentorship program and getting up to speed with our process.
Um yeah, so just kind of an exciting time we've been able to add that many people. Uh any questions on that? >> No, I'd just like to say uh everybody,
your entire team and staff has been doing a great job. Uh from the residents I talked to at the last breakfast. Um there seems to be a a different aura around our department. U people seem to
be very upbeat. Floors look fantastic up there. Um, and it's nice to it's nice to hear residents saying that they're proud of the fire department and everything that you're doing. And I'm just like to say just keep it up. Tell everybody up there
to keep it up because it's being noticed. It's being noticed by not only us but residents out there. So, thank you for that. >> It is great to hear that. >> Yeah, that will be >> I heard I heard the same thing and it's all positive which is great. For a while
there was very negative and You definitely did a great job turning it around. Thank you for that. >> It's been a team effort. It has not been only me. >> No, but I mean you were a big part of it big time. >> I appreciate that. >> Thank every one of them. Also, >> I will be sure to pass that message
along. >> I I want to um second and third those compliments. I do have a question though. If you have if it says 35 and you have 36 now, do we need to make changes to ordinances or something or
you can just keep hiring? >> We will continue to build a waiting list. Um I do intend to come back before council and ask for an increase in that number so that if we do have people that are willing to step up and support our community in this in this effort that we
can get them on boarded and get them. I think that would be great because that makes sure your shifts are easily filled. You have backups and stuff like that. >> Pretty sure that was raised to 45 several years ago
and I guess we just have to find the documentation on because I know it was >> I appreciate that knowledge, mayor, uh that I'm a little uh early to the the punch. However, adding seven people is still exciting. >> Yeah. >> Yeah, it is very good. I know we've been
trying for a while. >> Okay. >> Um the other thing that I provided for the council, again, this was hopefully to be at the end of last month, is the year in review. Um I put this together,
uh it was originally supposed to be a fairly short document, and it was supposed to kind of highlight some of the the things that we've uh gone through and things that we're doing in the department. um ended up being roughly nine pages of accomplishments and things that we have
going on. Uh one of them is the staffing. Uh but just to hit some of the highlights, um we have multiple community outreach events. One event that was not listed in this was night to unite. Um so I don't have an accurate number on exactly how
many people we were able to have citizen contacts with. Um but everything else that we had on there um brought us into the community and I believe brought us closer to the community. Uh so we'll continue to explore those. Uh the recruitment and retention uh we just
discussed that we intend to cons continue that effort to if if it is 45 to fill that 45. Um if it's not to continue to grow that uh waiting list and then again approach the council about moving that number up. Um training
is going well. um where we've been working on various different topics throughout the year. Um uh we were able to one of the big things or a few of the big things um we were able to institute a mentoring program.
So all seven people that we have hired uh one being in 2026 I am including that person in 2025's report has a mentor someone that is a peer that they can go to and get information for on our department or ask questions of um it's kind of their their person within our
department. Uh we had the officer appointments uh and we instituted the senior firefighter duty officer program. We had the numerous station improvements to include the floors, the HVAC, um, and, uh, the table that was donated to
us that's now in kitchen, the kitchen at station one. We had the equipment and tool upgrades at the end of the year. Um, Deputy Chief Udin was able to do over 100 inspections throughout the year while still growing into his role as the
deputy chief. And to top that all off, again, we did the 918 call responses throughout the year uh to a plethora of uh different uh calls, and I'm proud of the people that make up our fire
department that they continue to answer these calls. We're looking forward to 2026. >> Any questions, comments? No, I I appreciate what you put together here. was very good. I mean it tells a
lot of what you did for the year 2025 and I am thankful for everyone you big time. Yeah, it's uh very informative on the last page here with this chart of all the different kind of calls that you
guys go out to and the knowledge that you have to have for all the diverse different things of potential worst case scenarios. It's it's pretty impressive. Uh I started showing you guys this chart
on a monthly basis um two three months ago and I'm not sure if you've seen it prior to that. Um but I do think that this chart while it's busy and might look confusing because some of the lines go all to different places. This is the education that our staff has. Yep.
>> This is the capability that our staff has. As complex as this looks that looks like that's what our staff has the capability to handle. So, while it's a little confusing, while it's a little busy, it's accurate.
>> It's It's pretty impressive. >> That's great. And the guys that stood up to now are mentors for the other ones. That's really a good deal, too. Big time. >> Thank you, sir. Thank you all for your time. >> Thank you, Chief.
>> Look forward to our next report. See you in a couple weeks, >> staff reports. Mr. Mayor and Council, just have a couple items I want to update you on. First of all, I just want to um also
thank the chief uh for an outstanding um turnaround, shall we say, of this department. I know when I came on board uh here I would say 25 to 50% of my time was fire related issues. Um
and uh and so we kind of set out on trying to trying to find a a person to fill this position that was going to be able to step up with a culture change and uh earn the respect of the firefighters and
lead them and uh and that's precisely what he what Jeff has done. Jeff, awesome job. Um and it's ever changing, right? I mean, it's not we got there and we're done. it's continually moving, but he's stepping up to that and uh we really appreciate I I have not gotten
any calls uh since uh since the change in leadership there and and um and so it's a just a phenomenal outcome, kind of what everyone was hoping for and uh and it's actually materialized. So again, thank your firefighters, you guys
are doing a great job. We appreciate it. Um wanted to give a quick update on the newsletter. Typically, we have a winter newsletter. We're in the process of changing to um to prime advertising. There's some work that has to be done
and and getting this all set up. Uh we are going to do a um winterspring newsletter, combine the two. And uh it'll be a larger newsletter than normal, but um but I think it'll be it'll be well worth it. This is going to
be a full color piece. Um, and brand new, state-of-the-art. It's going to look beautiful. And the reason why I'm kind of pitching that right now is that there's some businesses that had indicated they they'd like to advertise,
but they needed full color to do it. And uh and so now that we're kind of stepping into this full color, uh we uh we would like to circle back with these businesses and try and um uh get them on board with advertising. This will help
defay some of the costs, but also um this will be new and fresh and every I mean everybody will see this. It'll be it'll have a lot of impact. So any businesses out there that uh may be watching this evening or maybe hearing later uh this is the time to get on
board uh because this will be everyone will be reading this this newsletter. This will be high impact. So, if you have a business you want to try an ad, uh we'll help you put together a color ad if you'd like uh through Prime
Advertising and uh we can hit the ground running. So, um again, as council members, mayor, if you guys know of businesses that that should be calling but just aren't, um be sure to contact them, let them know this is a good opportunity. So,
>> is there a new uh deadline then? Uh we are using the same articles that were submitted. Um but there'll be some differences as far as what the spring type of um issue would have had in it. >> I mean to tell them because I know our
deadline has passed >> as soon as possible. >> As soon as possible because it will take some time to put these ads together. If they don't have an ad that's already put together, it'll take some time to do that. So we want to make sure to to get a high quality ad. Do you know what the
pricing is going to be? I mean, if somebody wants just to put a business card, a quarter page, a half page. >> Yep. We have pricing on all that and Carrie can can uh walk them through that pricing, amount of time that they want it, they want it reoccurring, that sort of thing. So, all that is uh can be
worked through uh with a simple phone call. So, happy to help out on that. >> Okay. Um, also wanted to just say on a positive note, um, if you haven't noticed yet, the senior center has been repainted. Uh, so, uh, that was a request, I
believe, of the prior council, uh, wanted a, uh, a paint done on that and, uh, we finally, uh, got around to getting that done, freshened that up in there. So, now the flooring is the last thing that we may want to address at some point. Uh, but right now, the the
walls look beautiful. We have a a gentleman from our public works that is an excellent painter. Did the inside here, did everything and uh did a great job over there, too. So, >> yeah, >> that should be that should be done and and we'll see if people notice it maybe,
you know, when they uh go to their next dance. Uh and then the final thing I just want to indicate is uh we have a lot we're kind of we're kind of feeling spring in the air. People are optimistic. One thing that isn't optimistic is our roads and our and our driveways and our parking lots. Um they
are taking an absolute beating right now. Uh so we're hoping that as they're shifting around, maybe they'll settle down here and not cause too much damage because there are two things that cost a tremendous amount of money. Roofs and parking lots and roads and uh and so
hopefully we can uh we can get through this winter without too much too much damage out there. Otherwise, we're going to have to come to you for some uh some dollars to try and replace some of these items, and they get they get quite costly. So, at any rate, um that is my
update, unless there are any questions. I'm just going to make a comment. The windows over there are pretty bad, too. The windows do have some failing seals in them and uh and if you would like, we can we can look at what the cost might
be to replace uh >> eventually. Let's get the floor done first. >> Okay. So, if you haven't had a chance to go over to the fire department and walk in the floors, I know council member Miller said that that they were over there and saw them. Um this was kind of
the idea we were thinking for the senior center as well. Um, but uh that's up to you guys. I mean, there's there's there's floor paneling in in the kind of the training room, right? There's uh the uh luxury vinyl planking that was put in
there. And then there's the actual adhering uh the the polymer or it's not really an epoxy. It's a different product that was put down there. But, um but that's an option, too. So, uh, we initially had that quoted out, I think
for the senior center is around 30, $35,000, maybe something like that. Um, and flooring is very expensive. Labor to go into it is also expensive. But, um, but whatever goes down there eventually, we want something that's going to last a long time. So,
>> and they just want to choose, you know, the colors or whatever options are available. They want to have options. They don't want somebody just to go put something in there and then they'll complain. So, >> you know what they say about cooks in the kitchen, but anyways.
>> Exactly. >> So, at any rate, >> all right, council reports. >> I got a couple things. Uh, first on our next agenda, I'd like to
get some dates pulled together for a spring town hall meeting in April. >> Important. >> And then second, I got uh some good visuals from uh one of our projects that
the Sunrise River WMO has uh been working on for ditch 20. that here real quick. Bear with me. Okay. So, this one you've probably seen before.
Uh this shows kind of the the basic concept of down below you got the ditch and we'd be digging out this big pool and then the ditch would continue
and the yellow parts up to the north are the spoil piles that result from digging this out. So if we go to the next one then >> and why >> uh this project was uh put together to
create a settling area in ditch 20 to settle out phosphorus and other >> uh things that we don't want to run into typo lake because then >> typo lake runs in mortant lake Martin lake runs into the south and continues
on so this is actual detailed view. Um the middle dark blue line is the was the existing that that was existing ditch. So the whole thing is opened up. But what's
interesting on here is these purple parts are dug out deeper. They're approximately 8 ft deep and they're created to make another waterway and to guide the water to go slower
around and through the area and it would bottleneck go back into the ditch which creates it to settle out even further. So I found this graph to be really interesting in that aspect. That's not just a big thing
that they're digging out. They're actually that's designed a certain way. So, if we can bring up the video then. And so, this is actually looking at before the project was started
and overlaying the project that it's about 70% done. If you look at these pools based on this excavator here, it it's pretty massive. >> Wow.
So, this was kind of a a big accomplishment, big project that that will uh definitely help uh clean the waters. And so, this what this project will be wrapping up this
winter. And as I said at the last meeting, we got a grant for the same style project on ditch 13. So between these two projects, it's really helping the
really helping our water. That's all I got. Okay. And I um attended a planning commission meeting and um I have an airport meeting coming up here. Um, I do
have a issue about um the resident who I don't want to bring up names, so I got to be careful how I say this. Um, there was a resident that somebody complained about
their property and they've been in court. They just went to court. However, I was under the understanding that the last council said to stop this entire process with this resident.
And when you look at the resident's property, it's not nearly as bad as a person across the street. And they feel like it was the complaint against them was because of a political sign they had in their yard. Because why would they
complain about theirs and not the people across the street? And how are we pre how do we prevent something to be a a complaint that's a just a vengeful thing? Yeah, it's ordinance violations, but every neighbor on that block, every
house on that block is vi has ordinance violations. And we pick on that one person. And that one person goes to jail for ordinance violation. And you see other people get away with all kinds of stuff and never go to jail. Um, so I
really have a problem with that. I'm wondering was there a second complaint after the first complaint was dismissed? Was the first was that dismissed from the previous council? Uh what happened with that?
>> Mr. Mayor and Council, um yeah, this this has been an ongoing issue for I'm I'm going to say four years, maybe something of that nature. And um there are multi-level structures that were not permitted. There was junk in the yard. There was all sorts of
things. And yes, we are we are a um complaint-based community. So, one person gets a complaint, the neighbor has the same thing, doesn't get the complaint. We are not actively going out saying, "Well, we're here on this complaint and you guys, too. We'll just
get you while we're here, too." Um, council can change that policy if they would like. We can definitely go out and start policing neighborhoods. Uh but the right now the way it currently stands is we are a complaint-based n uh community.
When we receive a complaint, we send out we have a process for sending out x number of letters uh x number of fines. When when all that is um no longer um if that's if that's not being heated, if that's if they're not correcting the
problem, then it comes back to the council at that point and they just and you can decide if you want to prosecute the prior uh individual that you're referring to. It was decided to prosecute and that prosecution has gone through. Um and um and quite honestly
it's um there was there was jail time and that was served and the property remains the same. So the the real issue that we're dealing with here is criminal prosecution is not necessarily the right vehicle for fixing
these issues. Um civil is probably the better approach to this. And what I mean by that is abatement. That when there's a complaint and there is an unwillingness by the property owner
to to remedy the complaint, uh at that point in an abatement scenario, the city moves in with a contractor. They abate the property. They um put the the cost on the on the property owner on the on the taxes of
the property owner. So, um, I think that's the ultimate goal. Ultimately, when we send a letter out, we want compliance. You know, clean up what you have, take down the structure that was built without a permit that's who knows if it's safe or not or whatever the case may be. In this particular case, there's
electricity going to it and everything else. Um, so there is some public safety issues that are going on there and um and we we need compliance. Uh so far um on the criminal prosecution side of
things that has resolved itself. We can start process over again and we can go through all the letters and everything else and get to the point of jail time again. And unfortunately there's an unwillingness uh to to comply with city ordinance.
So I know that you've received letters from these uh from this individual. I know that there's been threats. I know that there's all sorts of things out there. Uh we um we are doing what uh what we do what we have to do by code.
If we do not follow up on this um we probably can't follow up on any of them. We shouldn't have codes then as it relates to this. Uh but the fact is is we do need to enforce our codes and um and unfortunately when you have parties
that are indignant, you don't necessarily have a great scenario at that point. Other times, and I would say that's I don't know what the number is, one in 100. Um, you know, the other 99 comply, you know, but there are those that, um,
there are two or three that stick in my mind right now of years upon years upon years of no resolution. And it angers neighbors. you know, if you have a neighbor that wants to sell their property and and um you know, a
prospective buyer comes by and sees uh you know, all this garbage, they're probably not going to buy in that area. You know, it's going to impact prices. So, it's it can be a very serious uh scenario that has financial ramifications to to you know, people that have nothing
to do with it. >> But can I ask you a question on that note? This is referring to one that's been ongoing forever over on Lake. Okay. >> Okay. Where you have an individual who who just doesn't want to. Okay. Um the
last thing I want to do or we as a city is want to go in there and put all the stuff in storage and then have to pay for it >> to clean it up. I mean that that's I I believe people should be able to do what they want within reason with their yards. But does this process plan
through or play through or He either pays his fine, does some jail time, and we're still back to square one where nothing's been touched. >> So, are we missing something in our ordinances that are aren't making them
enforcable, or is this everywhere >> like in other cities? I mean, granted, it doesn't happen all the time, but you are going to run into this and we have >> other cities have had to use the abatement tool to get the end result that they want. Generally speaking,
people don't want to do jail time, you know, and the threat of jail time from the courts would kind of encourage them to to fix the problem. >> I agree. >> But in certain circumstances, um, it doesn't phase some folks
evidently. >> Yeah. Very frustrating for our code enforcement people. I will tell you that. I think it's very sad that somebody went to jail and you see all these other people get away with stuff
that's way worse. But I was under the impression that um this people, the one that I was talking about and I think the one in Lake have serious health or mental issues. Um I
know that one. um and were not really physically able to take care of everything that was supposed to be taken care of. Is that
what your impression is or your impression is different? >> Well, Mr. Mayor and Council, I I can't relate I can't comment on the mental issues. So I I I couldn't validate the upper >> I say that because the courts gave them
permission because they had a not not crazy but they had an issue a diagnosis. >> Yeah. So what I will tell you is that in an abatement scenario the city would contract with the contractor to come in
and clean it up. They can contract with the contractor to come in and clean it up. So you may be physically unable to do it. you can contract with somebody to do it for you. That's not an impossibility. And yet they refuse to
even do that. So it's um it I don't know of any better word than indignant. They're drew a line and no way and uh city's not going to tell me what to do or whatever the whatever the deal is. And and it's an unfortunate position
because we don't want to be in that position either. Um, you know, we want we want to be able to tell people here here's actually the code. We can't have this. Understand? Okay. You know, great. Most people understand. Most people fix the the
problem. But, um, but there are the select few that have I don't know if they consider the city the enemy or whatever the case is, but they refuse to comply. Absolutely refuse. And uh and at that point, the city, I don't believe we've ever engaged in
abatement in the past. Uh but um but we may want to take a look at that. And to the point of storing it, yes, you have to store it. Um and then they can they have to get rid of it within a certain amount of time. And if they abandon it after a certain amount of time, the law
speaks to this. Um then you can dispose of it or auction it or do whatever. Um there is, you know, there is some uh cost involved and and our ordinances have to be bulletproof in the sense that
we can bill that back to the resident. City Ramsey was notorious for this in that they went down this road. Their ordinance wasn't bulletproof. They abated somebody and uh challenged in court and lost and they ended up eating
the cost on it. So, we want to make sure if we go down this road that from a legal standpoint, we've looked at what other communities mistakes they've made and and go down the road that we will not make those same mistakes if we decide to go that route. But you're you're absolutely
right. It's a gloves off approach. Wish we had volunteers that would help volunteer group or something like that. offer it. >> I I think I think part of the issue is is separation with material things.
>> Like to if you don't have a pull barn to put it in to keep it out of sight, where is it going to go? Now I'm separated from the things that I hold dear. So, how many TV shows are there about hoarding or the American Pickers where
they go around to different pole barns and look at all these treasures that are in here? And and I I personally know some people that have done that and it's a thing.
>> Anybody else? hearing. No, no, >> mayor. Say, Mr. Mayor, I know you guys had asked me for a report from the city attorney office, >> so I figured I'd just give you a quick >> Okay. >> Few seconds on just what we've been working on here. So,
um, you know, briefly, we've been working on mostly the land use and real estate work. We've got the Viking Meadows project that's going to be wrapping up here, second edition, next week. Hopefully, fingers crossed, everything goes smooth. It looks like it will. Um, we've been looking at several cannabis related ordinances and approvals, which is a new thing for the
city and takes a little bit of work to figure out how that regulate, how those regulations work. Just talked about some of the abatement issues and um, you know, the criminal process is a punishment. The civil process is a remedy. So, that's one way to think about it. You don't clean your child's room. You you punish them and take away,
you know, toy time. If you abate, you're going to clean the room for them and, well, bill it back to them. Um last week we closed on the Sims property that uh from what I understand from Eric and Lynn went smoothly. Um you know notwithstanding the the vandalism that
happened at the last minute. City was compensated back uh on that purchase price for the the loss of the copper pipe. But um you know all in all a good real estate transaction went went through there and um you know a little odds and ends with uh work here with
Matt and staff on other things that might come up you know in the coming months. How many um ordinance court cases do you have going? Are there any still? >> Yeah, I don't know that I can answer Well, I know I can't answer that, but I
can say that um since January 25, we have filed uh 85 criminal prosecutions. Um I understand that about 10 to 15 of those folks never showed up and there's open >> 85 complaints. No, we're talking about
criminal prosecutions just generally, not about nuisance complaints. And so, >> could be DWIs, >> things of that nature, misdemeanor offenses that would be prosecuted by the city attorney's office as opposed to felony prosecutions at the county office or code code nuisance complaints. They
don't come to us directly. They go to to Matt and to staff. And so we don't find out about that until, as Matt had just talked about, until they kind of go through the process and we reach a conclusion that um the only way to enforce is either criminally or to pursue civil abatement, which up to now
the city has pursued criminal prosecution. Yeah. So I I can't answer your question, but that's sort of the the landscape of how that would work for nuisance enforcement. And as Matt said, it's a it's a complaintbased system, which is what most cities use. >> Yeah. And you can't answer it because
privacy or because I just don't know. >> I don't know. >> Okay, got it. >> But if it's a nuisance complaint you're concerned about, I mean, that's a question that Matt staff would have. If it's specific to how many criminal proceedings are we currently involved in related to nuisance, I can follow up with that information.
>> I'd like to know that. Yeah. >> All right. Nothing else. I'll make a motion to adjurnn. >> Second motion and second to adjurnn. All those in favor? I >> meetings closed.