--------- That's interesting. Okay. One day. Oh my god. Okay. I would like to call the special city council meeting for the city of Nisa to order. Um it is Tuesday, August
19th at 5:02 p.m. Um before we get started, just a quick uh mayor's note to the council um about meeting process. Just wanted to give a friendly reminder to everyone about meeting decorum and Robert's rules. Um as a presiding
officer of our meetings, please wait to be recognized um by me before speaking. I've gotten a lot of feedback from the public uh recently that when some of them are watching our meetings like on YouTube or online after if they don't know personally or individually who each
of us are they are having difficulty understanding who's talking or making what comments. So just to be crystal clear for everybody that's watching in the spirit of um transparency and openness to the public that would be great. And then also just a friendly reminder that any discussion from the
council um cannot take place until after we have a motion um and a second on the table to specifically talk about that item, whatever it may be. Um so with that given the number of guests we have at in attendance at this evening's meeting including those who have driven
several hours um from the Twin Cities and elsewhere to be here I thought it would be good if we could actually start with uh C planning and zoning ordinances enforcement um consultant and additional changes and direction um and then move
to interim administrator and then 2026 budget discussion. Are there any objections or is council okay with that shift? Just to be respectful of people's time that are in the audience that may have come in come specifically for the planning and zoning items. So, you want a motion put forward on
that? We don't need a motion unless there's an objection. Okay. Seeing none, um we will start with uh planning and zoning. So, what I had uh just for my notes is it appears that
we've had some process issues and planning and zoning that perhaps aren't working the most optimally for the city. And I think it would be good if we kind of paused and took a time out and assessed things in that regard. And so, I'm going to start by making a motion
and then what I'd like to do is call some folks from the audience to the mic and then open it up for council discussion. Um, so my motion is related to one of our area's uh businesses, Grand View. Um, and my motion is to
suspend the administrative citation violation that was issued to Grand View Lodge and any other businesses that may have received similar violations. Um, and to suspend action on those administrative citation violations until our December council meeting. Um
therefore, due to the suspension of the administrative administration citation violation, there shall be no restrictions placed um on these entities and they shall have no impact on these businesses obtaining building permits or other requests from the city. Um so with
that, I see that we do have the grand folks uh Grand View folks here. I thought I saw the CEO of Coat Family, Agnello, come in. I thought I saw Don and Lonnie. Um, if any of you would like to approach the microphone and make comments to council, that would be uh
greatly appreciated. Certainly. Good afternoon and thank you for allowing me to uh speak today. Um, my name is Don Southworth. I'm the managing director of Graan View. Uh we were given a citation violation for the
public access that is located at the end of Woodward Avenue. Um that is an area that is utilized to get to the the lake usually in the winter. Um because it is a sanded area. Um it's not really safe
for trailers or vehicles. Um, so we were approached early spring um by Steve about residents upset with us having a shed there to do our activities
out of. So that's paddle board, kaying, and so forth. So he came down and walked the area with Lonnie, our director of facilities, and our assistant general manager, Jessica Jacobson. And they kind of came to an agreement, let's put the
shed here until we can figure out because there has been surveys completed and just understanding what is truly Grand Views and the public access. And so this dates all the way
back to 1916. And there was another situation in 1943. So there's a history to all of this. And so we had um gone to Widsath to actually review the surveys and the city actually did that with us.
So there were two parties going to Witsth on the situation. Um we went ahead and followed what we had discussed. Then there was further discussion about the local there were some residents that were upset about the situation. Um and
we had talked possibly do we get a seasonal permit to have the shed down there? Um what do we do? So we hadn't come to a conclusion and we weren't given a conclusion um to help face the obstacles during when season hit um pretty hard in
June. Uh we noticed that there was heavy traffic area and so we have a shuttle, we have emergency vehicles that need to get there um and we have a lot of pedestrians. So we actually um had called Niswah PD on several occasions um
because cars were parking in places that did not allow for traffic to flow um and they were kind of no parking areas. So, um, instead of calling Niswah PD and utilizing them for that type of situation, we did put a couple of
barriers up. Um, they're they weigh probably about 10 lbs, maybe 15. Um, they can be moved and shifted. That's kind of what we use when we have events and so forth that can just be quickly moved. Um, so that if someone wanted to
put their paddle board in or their kayak from their vehicle, they could back up, we could shift it. We have staff there, but it definitely allowed for us to not have this huge traffic um or parking of vehicles that we don't know who they
are, where when they're coming back. Um our director of facilities, Lonnie, went in to do an over-the-counter permit um because we wanted to put a shed for the season. Uh we have wedding season coming
up and we wanted a place to store the white chairs that we have so that we weren't going back and forth. Um what is usually a very easy over-the-counter permit. He came in to meet with Steve and get the signature. They shared he
was approached by three individuals in the meeting room um and told that everything was good to go but that they would not sign it because the situation at the waterfront access had not been um taken care of.
Meaning that the shed had not been removed along with the other small building and the barricades. And so we didn't feel that great about the situation and it really put Lonnie in a bad position. He's been with Grand View
for 30 years and has worked closely with the city um through his career. So it was a situation that he has never um really been put through. um in my eyes it was a bit unfair but um so he came back and then he received a call stating
that the city would be giving a us a violation um or citation to remove the shed within 15 days if I'm correct or else there would be a penalty fee. Um we know that there's an opportunity that
we all need to work through with the water access. Um, it is greatly used in the winter and we take care of that access all winter long. We don't ask the city to come in and, you know, make sure the ice heave isn't too high or that people can't get in there safely to G
Lake. We take it upon ourselves to take care of that because we know it's an important access for everyone, not just locals, but our guests as well. So, um, but in the summer, as I shared, it's always kind of been an area where we place our paddle boards and so forth. We
just place the shed there so we could have a computer and be able to service our guests a little bit better and store our equipment. Um the concerning part is is that because of this opportunity that we all know that has gray areas that is going to
take more than a discussion. Um to be held back from any further permitting at Grand View really kind of cuffs us, handcuffs us um to make any improvements. And I don't know if everybody realizes, but just this
year alone, we're going to have close to 250,000 guests come through our resort. And that's something that, you know, has many of our guests have become residents here in Nisa because of their experiences and what this town has
become. So, it's just it's super concerning why you would handcuff someone or a business that is doing this, not only for the city. Um many of our guests are downtown spend money throughout the city and the areas not
just at Grand View. So um we're just asking can this be reviewed and can we evaluate this to hopefully come to a conclusion that it works best for the city and for us and for the public and residents.
Thank you. And I realized I don't know if I got a second before Don started speaking. I apologize. Second. Okay. Thank you, Don. Um, now I'd like to open it up for council discussion or questions. Um, council member Hall, we
can start with you. Yeah, I guess I'm familiar with the area. You know, um, switching, I know we have fire chief in the room, too. the barricades and that access point down there for many people that maybe don't
know is that is um a primary access for the fire department to get down to the lake to protect that whole neighborhood. East London, West Lynon, Grand View, you know, um having the barricades there isn't anything new. I've been on the
department for 22 years now. They've always been there as long as I can remember. Like I say, maybe our chief can talk to it, too. Um, it's a lot easier to throw a little barricade out of the way or move something than move a vehicle if we need to get down there and
access water. You know, that's been talked about in our pre-planning when we go over with Grand View Resort and different people in the area. Um, even before this topic, uh, just this last um, meeting at the fire department, we were talking about this. It's just one
of many areas we have in town that's set up like this to draft water out of. And so I guess I just bring that to people's attention. It is important that there is something there that is portable to move for you know the emergency end of it. So
that would be I don't know if anybody wants to add but that'd be my comment. Thanks Council Member Hall. Council member Zan. What was the Miss Southworth, right? What was the last communication that you
had with our uh uh planning at least planning commission or Steven himself or the city as a whole in regards to the potential infractions prior to the citation being issued? Was there warnings given or at least was there an attempt to try to collaborate
to find a solution before it was issued? the if I'm correct, I don't want to misspe, but I believe that was with Lonnie um when he came in to request the over-the-counter permit is when I think he was told that he was going to be receiving a violation and then he
received a call if I'm correct August 7th if I not sure of the dates that um it was being done and sent. Okay. We talked about we talked about how we needed to work for a solution, but as I
shared before, we were going um with with witsth to because this is not a solution that I think we could all figure out. I mean, it took getting surveys. Um both I think um the city or Steve and us were having difficulty
getting that information back. Um Lonnie and I actually went to visit with Seth week and a half ago um and literally just walked in because we weren't getting the responses. So that's when we sat down and got the information that we needed to get in which direction we
needed to go from the public access perspective. Understood. And uh another question is how frequently would you say that that landing is used in the summertime by residents for various purposes where the
barricades would have to be removed so they could access it. We actually just had a resident um I believe it was Friday uh pull his truck in and and need to let his or get his paddle board out. So the team just kind of shifted the barricade and let him
back up. Um, since I've only been here now about a year and a half, um, I've not ever seen a trailer go in that route. Um, just I don't know how you would do that with the sand. I would feel like it would kind of sink in and
it wouldn't be a you wouldn't be able to kind of back the vehicle with the trailer into the water without the trailer sinking into the sand. You're spot on. And then they would be asking for Grand View to get their equipment to help pull them out. Um
in the winter months, Grand View Lodge is maintaining that access. Yeah, we have. And is Grand View Lodge also taking assumption of the of the plowing, the ices, the the flow
of traffic, everything. We do not do the plowing on the lake, but we do we did have to break down the ice heaves and so forth. I've only spent one winter here so far. Um, but I know that our grounds team did make sure that
it was a safe entrance way into the lake. Um, because we had quite a bit of ice heaves that came up. Um, but they kept that down and maintained it for a safe um, getting put onto the ice. And if my
mind does not beseech me, I do believe that the Nysaha Fire Department, especially during events such as the JC's Ice Fishing Extravaganza, will utilize that landing as a as a access. Correct. Kind of primary access more or less versus the 371.
Not this. We've used we've used both of them, utilized them. Yeah. Okay. Okay. This year we had a huge ice have so they had to shift things around but normally yes that is used. Got it. Okay. I have no further
questions. Um council member London you seem to be very reasonable um your approach here and I think it is very important for the fire department be able to go through your property to get water and so forth out of the lake and that and uh yeah you seem to be very
reasonable and hopefully uh we can help you out and get the situation resolved. Council member Freley, I know the barricades have been there for many, many years. Um, it is a public road. Understand that barricades sit
what about 20 ft back from the sand approximately. Yes. Okay. Um, I think as the city moves forward with a lot of things, we're going to have to look at things that have been done just
to let be done. Um, like we discussed, um, Councilman Hall brought up, I think it was last month's meeting, that we have ordinances and everybody needs to follow. Okay, which is a very good point. City as well as residents.
I would be in favor of suspending the notice um and then sit down and talk because this is hasn't been the surveys aren't finished or wherever the proper lines and there's a lot of different I mean this whole city the
lines are really bad you know I mean I've gone through that myself um I don't know if Steven has anything he wants to say but in his defense, he's doing his job. He's young, learning our ordinances, like
when I first came in under the council, I said, "This ordinance contradicts this one." Um, but yeah, moving forward, I I think we have to look at a lot of things that people have done for 20, 30, 40 years
and will still do, but that's going to affect how we move forward in the city. Okay. Um, that's all I have to say. Um, I would just like to add some of my thoughts as well. Um, I actually
happened to be over at Grand View having lunch the other day and had the opportunity to connect with Don and Lonnie. Um, and they were able to take me down and show me the area and explain everything to me. And I had been down there earlier in the spring as well. So, um, I felt like that was helpful to see
it firsthand and kind of, um, understand that better from that landscape. From my lens, the role of city government is to be collaborative, is to work with our businesses, to work with our residents. The residents and businesses are at the
top. You guys all elect the five of us up here. And then our role is to help set policy that guides our uh, administrative staff at city hall. And so for me and from the background that I come from, I always find collaboration
and partnership is the best approach. And I think based on the email that we received from you, Don, that you guys have been working and trying to get some clarity and direction from Woodset and from my understanding the city has too. So for my lens, if I had been in the
role, I might not have taken an approach which I to me felt a little bit punitive and instead would have tried to sit down, find some collaborative effort, try to figure out how to get through things. This we all know the high season's almost over for those of us that have businesses up here. We've got
a couple weeks left here and then we're going to go downhill quickly in terms of tourist traffic and then try to find good ways to work together on this in the off season so that we could come back next year in a solution that works for everybody. Um, and feels in the spirit
of partnership and teamwork and collaboration. And I do understand, council member Freley, what you're saying is, you know, just because things have been done a certain way for 30 or 40 years or however long, 20 years, it doesn't mean it's the right way. But also, as I've been onboarding into the
role as mayor, which I've been in now coming up on eight months, I've learned too, there are a lot of discrepancies with our ordinances. And it wouldn't harm the city to take a look at these ordinances and find ways to be more efficient, to be more modern, um to take
into account where NISA is today, where NISA wants to go in the future by the voices of all the people, which include all of us as residents too. And so in that regard, as we're working through things, I think taking again, as I said, that collaborative partnership spirit
versus sending out citation letters and making people feel pressure and that now city hall isn't as friendly as maybe it used to be or doesn't represent what they thought it was. I don't know. I think that all those are important factors to
take into account. Council member Freley, can I make a comment? I mean, I think Mark, you hit it on the head, too. You know, a lot of the ordinances and stuff, you know, they haven't been updated for 20, 30, 40 years in a lot of things. A
lot of these things also too over the last several years. We've got a lot of rules, ordinances, and stuff like that that uh unless you deal with this on a daily basis, read it and know the history. I see a lot of business owners in this room that know the history out
there. Some are shaking their head, but a lot of these rules have been put in there almost um to weaponize the rules against certain businesses, certain organization in town over the years. And it's just wrong, you know, out here. I
mean, what would it look like if the city actually tried to work with the businesses, help lift up and promote the businesses versus, you know, um take, uh, you know, uh, enforcement action, you know? Can you point out an ordinance that was
weaponized? Can you tell me what ordinances were used to weaponize against the businesses? Um, one of the ordinances coming up, you know, that was used um was um for
instance, some of this downtown um um street vendor stuff is about I don't know, I'm going to say about 15 16 years ago, there was a taco truck that wanted to go in where the old tower pizza wanted to go. Some people in the crowd
will remember this maybe from back then. ordinance was created specifically to keep them out of town back in that time frame. I don't have the exact number, you know. No, but you gave an example. You know, we can we can we can go through stuff like that. Um the last
time um the last time uh Grand View did a development project over there, as soon as that was passed, all public roads ceased to exist in town. That rule was changed right after their last development. All public roads or all private roads?
I'm sorry. All private roads. And do you know the reason for that change in ordinance? Was that development? No, it was not. That was a big driver. I mean, we don't need to get into this right now, but I actually was copied on email. Well, that's a false narrative on on
that one. I'll push that back there. It had to do with the fact that there were a lot of private roads in developments that the people that were living in there didn't realize that they were private and they wanted the city to pave them. when we told them that there was an assessment, they didn't want to. So that's when we
changed. We looked at not having private roads, which the discussion we've been having lately is is changing some to rustic. Understand that. But but so to be aware that some of the HOAs and stuff that those roads aren't public roads, they're private. And when they come to being redone, that's the HOA, the people
that live there. That's their responsibility, not the cities. And I can understand that, too, because they're looking at saying, "I'm paying taxes. Why isn't my road being taken care of and to me that's crazy too. So we got to look at a lot of things. Can we sorry not to interrupt but can we
bring it back to the the back back to the the Grand View discussion? So we have a motion and second on the table. Is there any additional discussion from council related to the motion? Anyone? Okay. All right. Then I'd like to call
for Yeah. Yes. Yeah. So, I just want to make sure that we have some clarity here because we got a lot of passion in the room and I just want to speak on behalf of city staff. They're pretty fantastic. Uh I've been here just starting my fourth week and I've got nothing but uh um just a really
professional atmosphere from them. Uh but we also have to take that passion, we have to combine it with purpose. Uh and that purpose for us, although we have passion and we really respect local businesses and we want to lift them up, um we got best practice and we've got ordinances, we've got laws, we've got
regulations, we've got rules, we've got policy uh that we need to work within. Um there's uh there's no fines been issued. Um we have a very specific process that is outlined in your ordinances
uh which are laws in the in the city of Niswah. Uh my understanding from the motion is that you are attempting to unilaterally change the ordinance, suspend it, alter it um which is all intertwined with a number of ordinances.
Um that is going to cause staff um extreme nightmare, extreme complication, potentially a lot of legal problems going down the road for us. We also have general land use ordinance complaints. the complainant is
protected in under Minnesota data privacy. Um, just in the emotion they have on the table, I don't even know how we respond to those people that have equal concerns about the enforcement and adherence to our ordinances, access to
certain areas within our community. Um, I want to make sure that we're going to have a clear direction that we can legally tell all interested parties in our community uh what the direction is to staff. So, if the motion is to
unilaterally change the ordinances, we know that there's a specific process for changing that and I necessarily don't even disagree with that. And in fact, in consulting with our planning and zoting director, we have some recommendations that are going to come forward to the
council. But my advice from my chair as the interim city administrator is that we follow the process that's in place to change any ordinances as opposed to a unilateral uh motion from the council that could cause us some hiccups down the road.
So, I think that there I'm going to comment on that because I think that there's a misunderstanding. This motion isn't to change ordinances because I know that there is a proper process to go through to change ordinances which includes public notice and a public hearing before we can actually change
those. This is this motion depending on how council actions in a vote would be to give direction to staff to just suspend the administrative violation until things can be worked out. And if we're going to be looking at changing ordinances, making those initiatives
down the road and it's pressing pause. If this is something where uh related to this public ass access um this has been in place since 2024, I think is what your email said with the little shed and the um the little I don't know you call
them barricades. We, if I may, we put the shut up there in 2024, which caused the opport which caused the opportunities with the residents and then we put the barriers up in June because we couldn't continue to utilize
the police department to assist us in finding guests who were parking uh in places which did not allow us to have emergency vehicles or provide a safe environment. will be framing that then. So, at least staff, of course, we're going to
collaborate with Grand View Lodge. Um, they they haven't been fined there. We do have to have some form of abatement and abatement is required in our ordinance. So, is there a term that you're extending the abatement period? Uh, you're extending the general
nuisance. Um, we have to tell other residents within the community that this is we're investigating it, but what do we tell them at that point? that we're working on it into perpetuity. Um, whenever Grandio Lodge gets around to
it, um, whenever the engineer gets back, um, I just want to make sure that staff has proper direction so that we can provide that high level of service to all our community members because I know that Grand View Lodge is here today and I totally respect them and their place
is beautiful, but I also respect the other people that are in complete opposition to what Grand Lodge is doing. So, what made you guys elevate the the um interaction with Grand View? Um
obviously, you know, you just brought up time frame whatever you you meaning staff were obviously working on a time frame that Grand View clearly didn't know about. What caused you to elevate it? Basically, from my understanding,
Lonnie walked in here and got blindsided is what I heard. and no prior communication. He walked in here and that's when he was hit with whoa, what's going on. So between there, something on your end
elevated it. So maybe if you share your time frame, we would all understand better. Yeah, the the time frame is just uh really governed by your ordinances, the city council's ordinances that they've established for the staff to follow. And can you please be specific to what you're talking about right now? Well,
you know, we do have a an an investigation that's currently going on for the general law nuisance complaint. So, I just want to be kind of careful on how much information that I give out. Uh I do want to speak to the fact that we will collaborate with Grand View Lodge.
Um when they got their notice, they have not been levied a fine at this point. uh when they got their notice, if they had came in and spoke to me, um I I found out today that there's literally an email that went to um council that didn't come to myself, um I I'd be I'd
be certainly willing to work with Grand View Lodge, collaborate with our planning and zoning development to find a solution. But of course, we have to move the ball. We have to be going forward. If you don't go forward and we don't see any type of abatement, even baby steps, um then we will have to
follow your ordinance, send out an official notice that lets them know they have x amount of days to abate that. But to your point, sir, nobody even reached out to myself or the director of planning after that uh they got to receive the notice. So, um which is
within the notice. If they had difficulties meeting the abatement, we should be collaborating together. But it doesn't sidestep the ordinances. Council member Z. So I do have one question. Council member Z first if you don't mind then you council member Freley. I like this
for clarification. What are the ramifications that have been passed along through that citation to Grand View in the event that this is not met? Did I hear properly that there is a hold
on potential development or renovation of the existing properties? That was not in writing. That was said to Lonnie when he came here and requested the over-the-counter permit for the shed. You're also right now the city will not
give Grand View another permit is what was communicated. Is that correct? what was communicated to Lonnie when he came here for his signature. So that would be already an enforcement step that has been taken. That is what was said
100% sir. That's right in your ordinance that we are not if we have a general land nuisance complaint that is unsettled. We shall not in your ordinances uh issue any future building permits. So I know when you say staff, it's where we're just following the
local ordinances and the regulations. So, um, is those things that we could take a peek at later going down if the council had the appetite to change them and alter them, um, through the process. I would say, um, if we get that direction, we will look at that. I don't
know how that necessarily lines up. I think our ordinances are pretty much in line uh with a few minor changes to Crowing County and and other municipalities in the area, which of course when we give you a recommendation, we're going to make sure we're not at odds with the DNR, you
know, Corwing County, um other regulatory agencies. So, we want to provide a very good product to you even if you want to change the ordinances so that we can have a very solid governance and a very solid process for our local residents. Council
members on you were asking and then council member Hall jumped in. So I don't know if you had additional commentary questions. Uh it's a comment and it's just an observation. Um discretion is a beautiful and ugly thing at the same time all while trying to color within
the lines that we draw for ourselves. So um appreciate it and appreciate it. Um I do think that this situation is complicated to a degree in which we are now complicating it further to try to get to
a solution because I do echo your your points uh Keith and I do echo your points in regards to collaboration. There is no sense for us not to collaborate with one of the largest and longest businesses in this community of ours. That is a staple. Um, but for us
to try to work with them on the basis of where it sits today and what this violation or I should say citation essentially implies, it without a doubt raises very big alarms. Um, hence some
of their executive team having to be in attendance. And I think I would be in that same camp if I was on their side too. However, I also respect the ordinances that we work hard to try to to try to enforce. Uh but again, I go back to the discretion comment. Uh
discretion in a small municipal town like ours, as charming as it is, requires collaboration almost to a to a sense of exhaustion to be able to get us to a a comfortable point where we do have a reasonable path forward. And I
think that it is required for us to be able to work within the rules that we set for ourselves, but to be ever so fluid and changing that we are willing to to understand that 2 plus 2 yesterday maybe equal four, but it doesn't today.
So how do we address this long term to be able to find a solution for a partner in the community such as Grand View Lodge and many others, many business owners in this in this room right now. Uh so we can continue to maintain the
charm in this town. Um that's my only comment. Council member Frley, you had something else. You do. I do. That's why I brought up that things are changing and we got to look at these things. Um there has to be a
collaboration. But as Keith said and and and I looked at the ordinance, I was like, "Okay, that's why it's something that we may have never done in the past and now it was done." I think maybe foresight is
with things coming, we need to change. So, we need to look at some of those ordinances. I agree. Um, so I was going to ask, mayor, is is the motion you want to make to suspend just pertaining to the Grand View Lodge um admin citation or admin citations in
general? Um, so let me read my eyesight's so bad. Um, my motion was to suspend the administr administrative citation violation that was issued to Grand View Lodge and any other businesses that may have received
similar violations. What other businesses yet citations? There may may be more and may not. I don't know because I've asked and I haven't been given all that information. Okay. So, can we just
we can but we have to vote on this. You can if you want to amend it or I can amend the wording to amend it other businesses. Let's just deal with Graan View because that's what's on on the docket. Um, so let me rephrase. The motion is to
suspend the administrative citation violation that was issued to Grand View Lodge and suspend action on that administrative citation violation. I said until our December council meeting. So that would give the city and Grand
View with WIDSH right time to figure out what's going on all these things going on behind the scenes and then we can revisit it then. So that would be like basically four a little under four months. Um and then therefore due to the
suspension of the administrative citation violation the restrictions shall have no impact on Grand View obtaining other permits or other requests from the city. So, in essence, what I'm saying is from my lens, they
should they should be able to get their permit to put up the shed to put the wedding chair. So, you're going to vacate the general land nuisance complaint by the uh protected person that has a complaint. You're going to vacate that? I'm going to call on our city attorney quickly. I don't have a comment about that. I'm
just going to say that I think what you just did was to amend your motion. So if that's an amended motion then you should seek you should seek a resendment of the original motion please. So please resend your motion. Okay I will resend the original motion
and whoever seconded should resend. I resend. Okay. Now with your amended motion on the record and then I don't know what the other question was. I'll second the second. Okay. Well let's let's let's throw Keith's question in there.
Um that's what I'm trying to say. They're all intertwined. So, um if you have a motion that you're going to unilaterally change an ordinance, um part of that ordinance is you have a shall clause in there where we shall not issue any permits with a general land
usage complaint. In order to go to do that, there's a nuance here. You have to vacate that complaint. You have to somehow say that that complaint doesn't matter and you're going to direct us staff not to investigate that and not take that under consideration because
that's the trigger for we shall not issue any future permits. So again, we will collaborate with Grand View Lodge. I have zero problems with that. I even have zero problems. They're not getting fined $100 a day right now. Not yet. But the letter says
yes. because they have to make progress and they have to find a solution so they can abate the land usage complaint that we have got that we are investigating. So when I I can't overemphasize how all this is intertwined and one citizen is
not more valuable than than the other and I know you are not suggesting that. So that I'm I'm saying how but that's how we approach it. So uh it creates a complexity for us. Council member Holland. So to clarify what you're saying, you're saying this
complaint was brought forward by a citizen and you cannot close out that investigation until Grand View has fulfilled everything that's going to take place um with the surveying, the moving of the
buildings, barricades, who knows? Working with the city, you cannot close out that complaintant until all that stuff is done. and you can't get back to that individual and say this is this is the progress that we're doing. This is what we're working
on. Is that is to clarify that's what you're saying? No. Okay. No, I'm not saying that. I'm saying by by the tone of your your motion, I want to make sure there's clarity to it because it means to me that we are just going to not do anything. We're not
going to move forward. there's no fines and we're going to just give them till December to work on this. How does that align with somebody that says, "I want to use the city street and there's barricades in the way and everybody I
understand what people are saying. I I I understand public safety. I understand it a great deal, but also they should be calling the police. We should be collaborating on that. We should try to keep people from blocking that. We should collaborate with them on that at the same time." A collaboration. So that
people that want to have access to that don't drive up and see barricades and go, "Why are you barricading a street off that I want to have access to? That's my street. We don't have water solution in this community. We pump everything or use a pumper for everything.
So we could use that logic on every single structure in town here or block off roads or we could just have an application for all of it. It's really nuanced and tied together. It needs a comprehensive review with the council
saying, "I want this ordinance, this ordinance, and this ordinance looked at. I want a best practice in front of us, and I want it in front of us by this state." And we will definitely do that for the council at the council council's direction. No problem with that. I'm just I want to make sure that you
understand the complexity of the matter. It's not for us just as simple of we're going to just make this motion and we're not going to enforce this ordinance. That's very complex for us. It puts us in a tough spot.
Mayor, if I may, I don't think I hear in this motion a moratorum on the administrative ordinance as it applies to any other situation in the city. What I heard was a suspension of this activity as it relates to Grand View while you work through this situation.
And and and if that motion passes, then I don't understand that the administrative sanitation ordinance as a whole has applied to everybody in the city has now been suspended. It's just with respect to this action. Think I have that right. Yes. Yeah.
So, oh, also to reiterate, um, Don clearly communicated steps that they're taking. They went right down to WSN. They're they sound like they are very much actively working on getting this resolved in a timely manner. She laid
out many steps that they're taking. Are there also steps that you can tell us that the city is working on from the city side they're taking? Have you guys reached out to WSN on your guys's end to try and get this done together
quickly? I guess I haven't heard of any plan that the city's working on on their end to uh work with Grand View on resolving this. Well, I mean, I have to parse this out a little bit. First of all, it's not the city's responsibility to
come up with a plan to get a survey to try to get them into abatement. It's our we notify them what they're in violation. It's their responsibility to come up with the plan. We can't be using city's services
to coming, you know, to be negotiating plans for private entities in town. And I I I do respect the city attorney's opinion a great deal. It still doesn't deal with the land usage complaint and the shall
there's there's a shall that we can't issue any more permits. So, if your motion going to go then, is there going to be another motion that tells city staff to ignore that ordinance and to issue permits to Grand View Lodge going forward even though the the ordinance
says we cannot permit them with an ongoing pending land usage complaint. So, that's where I'm talking about nuance, but this motion does say that. It says, "Due to the suspension of this administrative administrative citation violation, the restrictions shall have no impact on Grand View obtaining
building permits or other requests from the city." And again, this I'm just pointing out that the city has an ordinance that says we shall not do that. I understand that. But I also think I think one of the big roadblocks as I see it and council members on said this too,
there's discretion. you know, if if the city hasn't enforced all these ordinances consistently repetitively over time with everyone, why now? Why not look at a way to work through this uh with Grand View? We're not asking to change the ordinances. I
do agree with our city attorney and his interpretation. Um we do have a motion and second on the floor. I'd like to call the vote and I'd like to do a roll call vote. Um Oh, go ahead, Don. May I? Yes. You know, our season is ending and the
shed will go away. The barrier will go away. Usually the end middle of September to the middle of October, somewhere in that shade, that's when we stop doing our water activities and water sports and get prepared for winter.
Is it acceptable that we put those dates for the violation that it's removed during that time? and that helps us move forward then to come up with a solution for the next spring with the city in
December. We thank you. Appreciate the input. Thank you. Yes, we do have a motion on the floor. So, I would like to take a roll call vote. Um would you like me to read the motion one more time before we go to a roll call vote? I would.
Okay. So, the motion is to suspend the administrative citation violation that was issued to Grand View Lodge and uh suspend action on that until our December council meeting. Therefore, due to the suspension of the
administrative citation violation, the restrictions on Grand View shall have no impact on obtaining building permits or other requests from the city. Um, Council Member Hall, we'll start with you. Yes. Council member Zan.
Yes. Council member London, yes. Council member Freley, nay. And I vote yes. Motion carries. Thank you. Okay. Next, under planning and zoning ordinances, enforcement consultant, and
additional changes and direction. Um, one of the items that I also uh had that I'd like to bring up is related to the special use permit. Um, I'd make a motion to direct staff to bring back a proposal to council at our next meeting
to look at modifying the special use permit um, as it relates to the fee amount and also the number of business days required to file a special use permit. It currently says 15 business days and to look at reducing that um and
for staff to come back with a proposal at our next council meeting for council to consider. Um do we have a second? I'll second. Okay. Um now before I open it up to council discussion,
um did I see anyone from the Nisa Alliance here? Would you like to come up and speak at all related to the uh situation that came about with the pork on a stick?
Yeah, my name is Dale Christensen. I'm a Niswah Alliance Club member and uh we had uh intended on uh selling pork on a stick at the last uh um
what do you call the the event that was last week? Crazy days. Crazy. Yes. Um and we were denied uh access because we didn't give 15 days. So we ended up going to uh Schaefer's parking lot instead.
Um, and they we were told that we were allowed to do that, but that because they would overlook that because we didn't still didn't needed a permit for for being there. And I just think it um we don't need special treatment, but we
should have because we're very involved in the community and everything we raise goes back to the community. Um, if you could overlook some of that uh stringent guidelines, I think that would be very beneficial for everybody. Thank you. Thank you, Dale. Um, I'd like
to open up to council if there are any questions for Dale or the NISA Lions. We'll start this direction first. Council member Freley, I have none. Council member London, you know, on an event like that in crazy days when you set up downtown Nysa, what type of u money can you bring in that
would go back to the city and other things like that? Say that again. I didn't hear you. You know, when you come up and do your event here, like on something like crazy days, the pork on a stick and you know, you raise a lot of money and it goes back into the city and other things up
here. What kind of uh money do you think you what kind of revenue do you make on something like that? Well, um the last time we set up in the city, um it was close to $3,000 that we raised. Um but that was that wasn't
gross. So, how long have you been a lion up here? I've been a lion here about four years. And during your four years and in the past, I'm assuming that the Lions have done this in the past quite a bit,
haven't they? Uh yes. Uh although uh the pork wagon was kind of not used when I first came on board because of we have a lot of elderly members and until some younger guys came we got it re uh re
going again now and we are uh in fact we've got requests to go to Pekquat Lakes. We got requests to go to the um uh uh football games uh for Brainard High School. Uh we've got requests to go
to Cross Lake and it's kind of disheartening when we get turned down here at our own town in Nisa. You represent a pretty nice organization and uh members of the community benefit from that. I want to thank you for your service. You and your group. Thank you.
Thank you, Council Member Z. I have no questions. Council member Hall, thank you. Um, Kelly, were there any downtown business owners or did you have anything from the downtown um any of the
folks related to the Nothing. Okay, sounds good. Um, well, if there are no other questions or comments, I can read the motion one more time. Okay. Um, I'd move that council direct
staff to bring back a proposal to the council at our September meeting to look at modifying the special use permit um as it relates to the fee and then the current timeline. So, currently the special use permit calls for 15 business
days um to submit um for council to bring that back to us at our next meeting for review and consideration. Could we also direct them to look at the
language the way that it's written for current downtown business owners? Meaning, you know, if you're a downtown business owner and you want to put up a sandwich board out front or uh let's take that as a separate.
Yeah. I just want them to look at that language all together with it too, you know. And I just uh I read the motion again. I just have one last thing to share too. Like so crazy days which is a big
tradition and it's kind of like the last harrah for businesses to maybe offload sale items. It drives a lot of people to town. It's a great event um for everybody even our municipal uh the pickle. I think a lot of business owners perhaps didn't know that they needed to
fill out and submit a special use permit. And so from my understanding, only one business along Main Street did submit a permit. Nobody else did. And it's I don't think it's no one's trying to skirt the ordinances or not be a good
steward of the city, but I just think it's PE folks didn't know, right? There's no nefarious intent there. And so again, it's to that point like to be so restrictive or punitive when there is discretion there. That's why I think it's that's why I'm putting this motion forward, just to have staff come back to us with some recommendations in
September um specifically related to that permit because this kind of came up and was a big a big uh big little dust up for for a couple weeks. So, if there's nothing else from council, um I would like to do a roll call vote again. I'll start with council member Hall.
Yes. Council members on Yes. Yes. Yes. Beat me to the punch. And I also vote yes. Okay, great. Um, Council Member Hall, you wanted to talk about temporary signage, uh, sandwich
board signage, and I do see we have, uh, a business owner here, too, that, um, if you have a motion you'd like to bring forward, and then we can second to have discussion, we can call a business owner up. Yeah, I I think this just plays into some of the downtown zoning ordinances, you know, whether it be a sign, a
sandwich board, what went on with crazy days as far as somebody setting up a tent, um displaying something a little bit out front. Even today when you drive up and down uh Nysa just today, I made note of it. There were a couple businesses that still had a table out,
maybe a little leftover crazy day stuff out on the out right in front of their building, things like that. That just the ordinance addresses all that and just allows more freedom to businesses to uh just I guess operate their
business without scrutiny. So, I don't know what that language looks like. So, would you want the motion to also have council direct staff to review the ordinances related to signage? Yeah. And come back to council. Um,
they might need a little more time than September, but come back to council by the October meeting with some recommendations. Yep. So, is that a motion? Yes, I will make that a motion. Okay. Do we have a second?
Second. Okay. Um, yes. October. The only thing I add to that point though in regards to time frame is we will be out of season, right? Yeah. Um, I know we got budgets right around the
corner if there is more time needed. Perhaps we can afford them maybe even to the end of the year. Yeah. Do you want to amend rescend and rescend and then amend accordingly per council member Zan's recommendation? Sure. I rescend until the end of the
year. Do you want to second that still? Second it. Okay, perfect. Um Sean, do you want to come up and address the council? My name is Sean Weldon. Uh we own Lake Latitude 5314 Avenue. Um,
speaking for a lot of the business owners off the main street, obviously if we could have bought something on Main Street, we would have loved it. Um, but we're off the beaten path. Those signs out there are so important
weekly. My wife will say or employees will say that people will be from out of town. They'll come in and they'll say, "We would have ever known you were down here without the signs that are down there." So, um, if if I guess when looking at an ordinance, even if it had to be something where there was a
permit, uh, to be placed, even if it was a higher amount, so we don't have 50 signs down there, and I don't think we are right now. I mean, no one's We're still putting signs out. Uh, the Legion puts a sign out, Ace Hardware puts a sign out. Um, so I I
don't re I I I guess I can't state enough how important those signs are to us. So, if when looking at an ordinance to allow sandwich boards to be placed out during the day, taken down at night, and uh you know, again, a
feebased thing to to make it to where maybe everybody doesn't want to to have a sign out there, but it's not important to us to have signs out there. And I know they're on city property or on city corners or whatever, but again, I guess
I would just ask for uh leniency until we come up with something and then uh uh hopefully come up with something for ordinances regarding that. So yeah, council members on Sean are are sandwich boards feel like it's a stupid question, but are the
sandwich boards the ones that Okay, got it. Simple but effective. And then you know the other part that we were working with Bethany with the chamber with putting out directional signs out here and that can got kicked down the road. I mean we brought stuff forward and then when
Steven came on it was lost in emails or whatever. So, there's been a a you know, an effort to try to get something out there. And I know working with Bethany, she's like, "Eventually when those signs go go up, you need to get your sandwich boards out of there." Which again, it
was it was great. But when they put up when they were talking about putting up the signs, they wanted to put every business that was off street on there. The dentists, you know, again, it takes away from those businesses don't, you know, don't depend on walking traffic to come down to them. No one's going to go
down to the dentist office and, you know, get a tooth filled quickly. So, um, that's that's, you know, something along that line we're open to and it was something that there was money allotted for. Um, I believe the amount was
$10,000 going back to Bethany. So, um, yeah, it's just want to reiterate how important that is to our business and other businesses off the beaten path. Um, does any other council members have any questions for Sean?
I just know that this is something we've been looking at for quite a while. And yes, Bethany was closest one to it. She's not here anymore talking about kiosk signage there. Yes, something needs to be done. And something needs to be done in the interim, too. Um, thank you. Yep. Thank you.
So, the motion again um is to council direct staff to come back by the end of the year. Correct. Mhm. Um as it relates to these ordinances around signage um temporary signage with
some signages and yeah like display stuff and display. Um so that is a motion on the floor and we will go to a roll call vote. Again, I'm going to start this direction. Council member Freillley, yes. Council member London,
yes. Council member Zan, yes. Council member Hall, yes. And I also vote yes. The motion carries. Okay. I had one other item that I I wanted um actually before that. Are there any
other folks in the audience that um would like to come forward and share anything related to planning and zoning? My name is Alan Jenkins. I reside at 5392 Nashville Road. I moved here over 60 years ago or not
quite 60 years ago. Prairie Gordon was a part-time policeman. Drove his own car. Had his own gumball in the top of the car. We got along very well. I'd like the council people to know
this. The true definition of fascism is private ownership with government control. There's going to be too darn much for these business people. I'm going to ask you to start when you go through your
ordinances, start rescending some, not adding to. I want to see our businesses thrive here. Not be hamstring with all little jump through this loop and jump through that. That's all I've got to say. And thank you.
Thank you. Thank you. Um I also wanted to raise a point um for the full council related to the variance application. Um this came to me from a resident and I think it's good to have
this discussion um before the public. So in in the variance application and planning and zoning on page two there is a paragraph that says um wait not that one sorry.
Okay on page four. So after a lot of the uh information boxes that the applicant has to fill out um it says note the applicant shall be responsible for all the city's
professional costs in reviewing the proposal including but not limited to legal engineering planning and financing assistance. A development contract prepared by the city attorney may be required by this ordinance. Um, and then
there's a space for the applicant's initials, right? So, an applicant signs signs that. So, why I'm bringing this up is um, one of the applicants, and I don't know if she'll want to get up and speak um, after this, but they they
received notification that they had a legal bill from the city attorney for, I don't know, like $900 or something as it related to their variance application. Um, so I'm not disputing what we have in here. What I'm simply stating is
I think that there is a way to be uh proactive and communicative so no one's ever surprised uh by receiving a bill that they have are required to pay as it relates to their application that they should have maybe some
knowledge of some range that's coming forward instead of just hey here's a $900 bill you have to pay it. Um and then also not having received a copy of the invoice but having to come to city hall and write a check without any itemized invoice. So no knowledge of you
know how was the time used you know was it you know.75 hours on this email to applicant or this you know whatever it is how attorneys do their billing. So, um, what I'd like to see is
specifically related to the situation for a copy of this invoice given to all members of the council of the detailed billing statement covering the months um where this particular issue was dealt with. Um, and I'm talking about the coach of ours. uh they
you can come up Bobby so so that there's full transparency and visibility to the full council because I don't know if anyone else was aware of this but this it came to me and I'd like to allow Bobby to say a few words. So hello everyone. My name is Bobby
Cochever and I live at 4196 Upper Roy Lake Road here in Nispa and um we had submitted a variance request and we did initial letter sign that area where it said that we would be responsible for the expenses related to attorney fees or
anything else related to our request. What we um what we didn't understand was that was regardless of who was requesting at attorney time or other things related to it. So when we were told that our
bill was over $800 um for the attorney um we had said, "Well, we've not used the attorney." And they said, "Well, you didn't, but your neighbors did." And we said, "Well, then wouldn't you bill our neighbors for that?" And we were told that the fee goes to the owner of the
property that is under dispute. And I don't feel that language clearly states that. I also would just ask for consideration that never in anywhere else am I aware that someone could rack up attorneys fees which are significant and they get charged to someone else
without their knowledge or consent. And and so I know I'm being told that well you gave consent when you initial that or sign that. I guess that language wasn't clear to me and I didn't understand that that meant that someone who is actively suing me um could actually rack up as many legal fees as
they wanted with an attorney and I am on the hook for it. And so when my husband came in for a different reason, he said, "Oh, and you have this attorney bill here that you owe." And that's when we were first told and he told us the total amount and my husband just paid it. And I said, "Well, what's the line items for
each of the what adds up to the $800 plus dollars?" And um we are we put that request in I think Friday to get an itemized bill. And so it's only Tuesday, so we can be patient with that. But I would just ask some consideration because it was a little bit of a surprise. And I actually wouldn't want
this to get out there that this is how this works because someone could really take advantage of that in a negative way. Council members. Oh, council member. Oh, please let me. Sure, Tom.
Nobody racked up legal fees. Your neighbor didn't rack up legal fees. What happened here was your application was made when you were in the middle of a lawsuit over title to that property.
And the matter was coming before the planning commission when the attorney for your opponent in that litigation advised the city of this. The city would have had no other reason to know it. So this is really a one-off. I would say this fact pattern. Um I don't take
directions from neighbors of neighbors on applications to acrewue or incur legal fees. This specific situation uh required me to review the lawsuit and to re review all of the documents in the lawsuit so that this so I could advise
the city planner and the planning commission about whether it even had the ability to grant the application that was before the planning commission in light of the litigation. So a very unique fact pattern. But just so everybody's clear here, I I don't go
incurring legal fees without without direction. And the direction here was from city staff to review this so that the city the planning commission could be advised about whether it could proceed with an active application. If this if not for that process, then
the planning commission unaware of that litigation could very well have issued you a zoning permit of variance that you are asking for that would have then embroiled the city in some temporary restraining order action by the neighbor who you are litigating with. And my
obligation here is to protect the city from those kinds of things. That your application triggered that. The fact that you're involved in litigation with somebody over the title to that property is what triggered all of that. So, I just want to be clear. May I respond? Yeah. I have one thing real quick and
Tom, thank you for sharing all that. Me bringing this up wasn't to question like your work at all with the city. It was just to say, is there a way that we can be more communicative with folks so no one's surprised with the bill? Like, hey, because you are involved in this litigation, you know, we're going to
have to engage our city attorney and it might be I'm making this up. It might be 3 to five hours time. Who knows? It could be more, could be less. So, you should be expecting a legal expense with it. And perhaps um when you consider if if you do move forward with revising that form perhaps that's a question on
the variance um submission is are you currently under any legal um movement that's might be asked it didn't ask us that and we didn't feel that um that was related to our request build because as of today um that land is
wholly ours and legally ours and that's what we were working under and that's what our our attorney was advising us to do based upon today's um situation. We don't live under whatifs because that would drive us all crazy if we needed to do that. But as of today, that land is
wholly ours. Title's in question though. Again, I I bring you back to the fact that if the city hadn't been made aware of that as it was, then the planning commission completely unaware could have granted your request and like I say, likely would have
triggered the opponent in your litigation to then sue the city for restraining relief so that you couldn't do what you were granted because title's at issue. So, I don't know how to make a form asking people, are you involved in litigation that might that we should know about? I don't know whose
responsibility that is, whether it's you as the applicant not to apply for relief or land use permits when there's a question about title, but that's what that litigation was. And mayor, the only reason I had the reaction I did was be was the comment
that Mrs. Kachver made about the city attorney willy-nilly racking up legal fees because the neighbor asked him to. That's a rough paraphrase, but that's what that was. I would like to apologize to you then for that. It was just without my without my knowledge that someone could um rack
up fees without our knowledge. Okay, Keith. Yeah, I just wanted to add on that. I just want to make sure that the members in the the audience know that uh the city attorney yet does not incur expenses um as an independent entity. He
assists staff. I will work with Tom. will try to come up with some uh a reasonable um response regarding legal fees. But I just want the council to be aware it I mean the size, the scope, the complexity, legal issues, pending legal
issues can be part of that complexity. So um the city attorney helps uh the city itself navigate um all legal issues. So, um I I will I'm I apologize that that happens, but it is certainly
not uh the city attorney's um uh fault. Um and I I can understand why he might say racking up as a little offensive, but um we do ask him for help and he is working at uh RBS to provide us the best legal advice possible. So, I just want to make sure that the council was clear
on that and that bill has been paid in full by us. Um so, we're not here to dispute that. I'm just asking. I just thought that would be good to have additional clarity and I don't think it's unreasonable for us to ask for an itemized invoice for that that we have that I'm sure we will receive. So, thank
you very much on that. We're we're a good team so we will we'll figure something out on that. Thank you. Okay. Does council have any comments or questions? No. Okay. Um are we um okay then next Stephen had sent a
email I think to all of council and the planning commission regarding uh evaluation materials from Chris Pence. Um Stephen, do you want to come up and and share that.
Thank you, mayor and council and members of the public. Uh, so yes, the planning and zoning department was directed by city council to engage with Chris Pence regarding ordinance revisions as it relates to land use matters. Um, so the ask was to have a comparative analysis
from Crowing County's ordinances to city of Nissa's ordinances. Um, we have received that response from him. uh the process for alterations to chapter 20 are to be initiated by yourselves, public or staff to then provide
recommendation to planning commission as to steps moving forward. And so yes, this material has come in. Um showing where the similarities and differences are. Um Chris did note in his summary here that there are more similarities
than differences related in both ordinances. um and that NISWA has spent a considerable amount of time and resources in the last three years updating the ordinances to kind of reflect the partnership that we have between Crowing County and the city of
Nisa. Uh we share a lot of lakefront with you know other neighboring municipalities and coordination of our ordinances to um allow a seamless transition between those shorelines and jurisdictions is in I think everyone's
best interest. uh same standards as it relates to vegetative clearing rip wrap standards so that there's not a clear line as you look down shore that okay you can see where this is and you can see where you know G lake east skull lake is lake shore or county land um so
harmonizing all of that is the intent of you know this this document here um he did highlight in his summary and his um detailed comparison report different areas that the county has um you know
for example no minimum residential dwelling size or uh the requirement of accessory structures. So there's specific language in here and I recently got this so I haven't had a time to compile a specific recommendation to the
planning commission to initiate that ordinance or vision. Um, but the next step would be to draft the language or a recommendation of the language. Um, disseminate that to all of the applicable agencies such as the DNR because we do have a lot of Shorland rule that applies within Niswah. Um,
allow them the public comment period and then move forward to the actual public hearing for that and adoption by recommendation by for adoption by planning commission and then subsequent adoption by the council publication and then ordinance language takes effect.
So, um, a little bit about the process for changing some of these ordinances that have been discussed tonight. Um, anything in chapter 20 has to follow through that process and that does take time. Um, and you know, that's why I'm here is to help you guys through that.
And so, we've got the response and I hope that we can foster collaboration as discussed tonight. So, does anyone in council have any questions for Stephen at this point in time? Are you specifically asking us for something with this document tonight?
Nope, I didn't. Uh I only saw that agenda item with no substance. So um did talk about zoning ordinances, additional changes in direction. So I felt it would be appropriate to that tonight and speak to it if that is where the discussion went. So
thank you. Thank you. Um I guess Oh, go ahead. Well, real quick in regards to Yeah, I only got it at 11:00 today, so I haven't had chance to review it, but I would say that we want to um put this on a bigger agenda
item coming up in the future after we've all had a chance to review it and and go through it further uh before we give any direction back. Yeah, we can maybe look at adding it to the September council meeting. Yep. And we have a workshop too.
A workshop. So there's multiple opportunities. Um I do see a couple other folks in the audience. I'm not sure if they want to come to the microphone. Katie and Jake. Hello, my name is Tom Mo and I I came
here today cuz I the simple deal. I want to build a little leanto off the side of my garage. It's not very big. It's not in anybody's way. It's way off the property lines. But in order to even apply for the
permit, I have to get my septic tank pumped and inspected, which will cost me more than the shed itself. And I think it's a little bit ridiculous that I need to have a septic tank pumped and inspected to build a little lean to
off my garage. I I think it's kind of ridiculous. Do you want to share your um address with the council? That'd be 25542 Highland Avenue. Um I guess Keith, Stephen, or to uh Tom.
Well, it's not really a specific agenda item. Yeah. I mean, we're going to have to sit down and meet with him. uh we'll try to collaborate with him. We'll try to inform him on our uh local ordinances um our regulations. Uh if there's
something that we can do to to help the gentleman, we certainly will. Um if we have ordinances that prevent it, unfortunately, we'll we'll we'll let him know that, too. Um but we'll definitely work with him and communicate with him. Okay.
Oh, we lost Mark. Do any council members have? No. Okay. Thank you. Well, staff will follow up Jake. Hello there. Good evening. Thank you for the time. Uh Jake Hooer, Foxy
Properties. Where's our 25527 Church Street? Okay. Um you know, we've been over this laundromat scenario. you you haven't been through this yet because you're new, but um through other meetings with connection fees and um you
know, engineering for wastewater and um storm water, I should say, not wastewater, it's just been the worst process in the world to try to build a building in downtown Nysa. And I guess that's my whole point of standing up here is is just the frustration and um
you know, having to to try to beg to build something in the community to to make it better. Um, last Monday my wife was bringing some uh, recycling out to the to the recycle cans out front and um, Stephen and and Keith were walking around out there and
not once did either one of them come to the front door to introduce themselves, which we know Stephen, but we don't know you. And you're out there walking around telling us that we need to hold on and and hold up and and you know, we can't go further. Um, we already have a permit. So, the fact that a you didn't
come and introduce yourself and say, "Hey, do you have a moment of time to to visit with us?" My wife is trying to conduct business. And um that was not convenient at all for for you to have that conversation with her at that point. Um
it's just it's just frustrating. And then there's no answer or followup to any part of that communication after that. And again, we already have a permit, so I don't really know what the problem is. But, um, this stems back from a 2019 dispute with when we tried
to buy this land and and build the original building that's there. Um, property lines and, you know, this where the street is and easements and things like that. I mean, none of that was put to bed in 2019 from the city when um, we bought that land and that's when it should have been put to bed there. All of that should have been drawn out very
clear, cut forth, um so that anybody that buys land um to the north of us, which I know that that's an ongoing dispute with our new neighbors, um I don't know their name off the top of my head, so forgive me for that, but um if if that would have been laid out the
right way in 2019, we wouldn't have had some of the challenges that we've had today. So, um, just from a planning and zoning standpoint, anybody that builds a building in Nisa or wants to build a building in Nisa going forward shouldn't have to go through the hoops that we
went through to try and and do that. So, that's all I have to say about that. Thank you. Yep. Okay. I think that was what I had on my list under planning and zoning, unless anyone has
anything else from the council. No, I guess just one thing, you know, on there and it says direction at the end. Just speaking for myself, obviously we have a lot of representation of downtown business owners in the room again throughout the community. Um, there are
several business owners that are not here tonight that in over the last couple weeks, uh, I haven't gone a day without getting contacted myself as a council person and other council people are not in their heads, um, uh, that
hasn't been contacted by a downtown business owner, um, with a similar situation to what we've heard tonight. And um that word direction up there, I'll just speak for myself, but the direction that I see that we're going
over the last couple weeks and what has happened and and what these business owners have expressed to me is um concerning, disheartening, and completely 180 degrees the other direction that I
as a council want to go with this town. Like I say, what happens if we worked with the businesses on the front end to try and raise raise them up instead of push them down? What happens if we if we um sit down and talk out stuff first?
What happens if we um communicate better? It's just very disheartening. Like I say, there's many business owners that aren't here tonight that I've heard from. I have countless emails from them.
Um, and I just, yeah, my thing is we're not going in a good path, a good direction or a healthy direction at all. And my goal as a council person is to stop it and to turn that around and go
the other direction as fast and quickly as we can and with whatever and whatever action needs to happen on my end with this group of people to make that happen. Thank you, Council Member Zan.
Every organization, every business, every municipal or large city in this country is hindered by bandwidth. We have this little time to do this much. It is not an uncommon problem and
totally cognizant to our city staff because there's been a lot of changes as of late, right? Um, your seat in particular has had quite a bit of change in the past few months. Uh, point of the matter is though is just this.
I I think that we have an opportunity, every problem, every solution is an opportunity. And I think we all have an opportunity to be able to steer our concerted efforts to finding solutions. And we understand in the midst of of
what this town is, which is a cyclical touristbased economy. And we have not one, not two, but three, maybe three and a half months of full traffic coming into this town that's generating revenue for families that pay taxes in this dang
town of ours. Why do I try to be as emphatic as I could possibly be about that is simply due to the nature of of what we are trying to do to support and and embolden them to have success to to be vested
stakeholders in the community to then in turn help guide us as to uh as a city council and the city staff to work with them. We are a partnership. It is a symbiotic relationship and for us to uh
understand what what some businesses are up against uh and for the businesses to understand what we are up against it's a it's a unique uh situation but there's no reason why we can't come to full terms and and find a path forward. So I I encourage in in regards to the last
piece of uh item C here in direction is guiding the direction to be that we have feedback so we can take this collaboration to the next level. The chambers's feedback has always been valuable for us and it helps guide us
and gives us more well-rounded opinions versus a putting a peg in a square hole. Um, I would love to see this city take proactive steps in the 369 12-month time frame. So when we get to the 26 season
come Memorial Day weekend, uh we can look back at this meeting just like we did the downtown master plan meeting a few months ago and say, you know what, there was some progress made there because we had to take our gloves off a little bit
and scrap, but we found a common sense path forward and we found solution. And I believe that we have people up here and we have people on this side and watching and not here that are all on that same page that are all capable of
taking that step forward. Um, and bearing with us as we're getting now into budget season and we're you understand what we're now working with and our staff in the capacity and limited capacity that they have. But I do believe that this is a call to action for all of us and it's nothing that we
haven't been able to identify before. Council member Hall and I have been discussing this. What do you say, Joe? Once a week, two times a week, every day. Uh because there is that much to do. But again, he runs a business. I run
a business. We all have personal and Jennifer and and and Mark and I know you're Bruce is always working out, but we we have we all have a lot going on. But there's no reason why we can't we
can't take that true next step forward and uh and work with the city staff to this capacity so we have a very good path forward for 2026. Well said. Uh council member London, do you have any Well, I've been contacted by some area
business people downtown Niswah, some residents and so forth about the things we're talking about here tonight. I think we need to offer these people, the taxpayers, some compassion, some understanding, and a lot of flexibility to make it happen. And um I think that
we need to understand their needs and their purpose and work with them. Council member Freley. Okay. Um I Oh, Council Member Hall. Yeah, I do have one last thing. I guess I'd like to make a motion. Actually, you
know, we have Chris Pence with the county working on the rules. I'd like to make a motion to reach out to Crowing County to see um what their ability would be to come in um maybe as an interimm consultant oversight with our
planning and zoning and just reach out to them for a conversation. Um, I know that they've helped many other cities in the area like this in the past, but make a motion to contact them and just see see what they could do to help us in the
area of planning, zoning, ordinance, enforcement, and stuff. Do we have a second? Second. Any discussion? Council uh council member I'll let council member Freley go first this time then council members on others
I know some of their ordinances are a little bit more restrictive than ours. Um but if they have something that we can work with I don't have any problem with that. Kind of like working with Chris. I mean he's good at looking at the
ordinances. Um that's it. Okay. Council members on comparing this path to where we were with Chris Pence and Steve. You might have to correct me or we were working with Chris first half of last year. I
want to say last year it's been a while. Is that are you thinking it'd be in a similar capacity as it has been in years past? I would say to a greater degree I would say we'd reach out to the county to just see what the options are. I
don't know what the county options would be for them to come in. I know in Cross Lake there um years back they uh they actually took over the Cross Lake planning and zoning for I'm going to say five plus years up there and they they
helped run that and restructure that for Cross Lake in the past. Um but just to reach out and see, you know, we have a lot of unique challenges as we move forward. We have the land yet to talk about south of town. Um Bethany started
this ordinance um process. You know, Mark, you brought up, you know, this stuff hasn't been dated for 20, 30 years. What we have before that Chris has put together, it's just um one section, but much of what we talked about tonight, even the downtown
businesses, the signs, stuff like that. Um, it's all outdated. There's still such a bigger picture to look at. Um, you know, with the downtown business thing. I mean, uh, we're playing catch-up for the last 20, 30 years
because this stuff has not been kept up to speed and we need to play rapid catchup to 2025. Crowing County, you know, they've done tremendous amount of work over the last 10 years down there to keep caught up. And I just Yeah, I
don't know. Bigger capacity maybe, maybe turn the whole thing over to them. Maybe have them come in on a consultant basis, maybe. I don't know. But I just I I just in the last eight years and correct me any staff but in the last eight years to
give audience perspective there's been eight approximately eight different people in the role you know here. So there's been in the last decade there's just been tremendous turnover within the city with our staff with what's gone on
kind of we're going this direction then we're going that direction. We heard it from a downtown business owner. Hey Bethany was here. We almost got signs up to help all the businesses and now that fell off. Where is that? You know to kind of keep a comprehensive thing throughout the city. So, I think it has
all that included, but I'd like to uh reach out to the county and just see what they could do to help us. Okay. So, we have a motion in a second. Any other questions, comments from council discussion? Oh, Keith, mayor, could you just drill down a little bit or councelor Hall? I mean,
that's kind of a we need a little bit more direction, I guess. So, are we are we looking at a time frame that they would help us? Are we looking at costs? Are we looking at a sub a contracted employee? Are we asking if they will they'll help us in the capacity as a county employee? Um what what do what do
you envision us to um drill down on so that we can just frame this issue so we can get you what you want? Maybe one of them would be willing to come up here and just have an open dialogue or speak with us at a council meeting, you know, so we could understand, you know, um everything
underneath the the sun. Services offered. Yeah. Services offered by them. I know that they've helped out like I say other cities and what has that looked like? I would I would let them lead that discussion on what they've done in the past for other citizens.
Okay. So maybe they could know sir if it's a I mean are they going to work as a city employee? Would they work as a county employee? That's all questions for them. Okay. All right. Yeah. And I think Keith we've we've worked uh previously with the land services
director Gary Griffin. he's come up and um done some workshops and things, so he's I think somewhat familiar with our city. Um so we have a motion in a second. Any other questions, comments, discussion? Otherwise, I'd like to call the vote and I'm going to do a roll call vote. Again,
I wouldn't mind using the the county in a consulting capability to help us go through the ordinances. I think they have done in the past. I would not want the county to take over our planning and zoning. So, I think the motion is just to
to engage with to engage. Yeah, I know. I I was just what I heard. So, okay. Um I'm going to start with you, Council Member London. I uh I think that we should uh I'm in
favor and I say yes. Let's do it. Okay. Council member Zan. Yay. Council member Hall. Council member Freilley. Yes. I vote yes as well. Okay. Hey, I think that's it for planning and zoning. Um, just looking at the clock, um, for time management
standpoint because our regular council meeting is at 7:00. Um, and we still have interim city administrator and 2026 budget discussion. Um, we'll move next to interim city administrator. And I put this on the agenda, I think, because
Keith, you started um, I was out of town traveling. I don't I don't know if Jesse was traveling too and everyone was really busy, but we never really did have that kind of calibration session where we could have a conversation and dialogue and I'll get on the same page with priorities. Um, I know you've been
doing some work over your three weeks here and have kind of identified some priorities as you've seen for yourself as it relates to city hall. So, I'd like to turn it to you to share that with with the full council and to get council feedback if how we feel about that. Thank you. Yeah, it's just been a little
over three weeks and um the onboarding was um there's your chair. So, but I do have 35 years of government experience. So, um but I'd like to just open with um I think my number one charge is probably just running operations. Um and staff
has been top-notch. It's been absolutely fantastic. So, um that makes the process a lot easier. As far as what my objectives are, I think I'm reading the council pretty well. That's an executive search uh to find my replacement. Um I
do have um two quotes that'll be in this week. Uh two proposals. Um I'll get them to the council soon. That's Charlene Stevens and um Mr. Hel. Um they're both well known throughout the state of Minnesota on executive searches. Um if
you select one of them, they will do a presentation to you. Um so you can see um which firm that you'd like to go with. Um and maybe um on the flip side, the council eventually hears the proposals, sees the proposals, and they decide to go to a different direction, which is totally a prerogative of the of
the council. Um an organizational structure where we're we're down in our administrative area. Um working on a proposal for uh council to look at so that we can hire staff. Uh we have a strategic planning uh council plan uh coming up process. It's a eight hour
day. Um that's uh the time change is on the regular meeting. Um I do have a facilitator coming in for that very experienced facilitator if that date is approved. Working on budget. Um we have talked about a comprehensive plan down the road. Um we're looking at special
use permits, planning and zoning, the processes, maybe a lean process. We got collective bargaining coming up with um our union members. Um we've got some potential League of Minnesota uh training for counselors uh policy and procedures. I'd really like to have a
nice transition document for the new city administrator that comes in that all nicely tabbed out, everything that they know what's going on, what's in progress, what to expect. Um, we need to take a look at an organizational assessment. Um, and then there's some other things that um I I got on the
list, but uh hopefully if things progress the way we'd like them, uh those will be for the new person that'll be sitting in my chair that will lead uh Niswah well into the future. So, um, that's that's my report. Um, Madame Mayor, thank you. Um, I'd like to open it up to
council. Is there any questions, input, feedback, thoughts? Um, for Keith, we'll start at this end. Council member Freilley feedback. Any questions, input, insights? Right. We just put interim city administrator because we hadn't had a chance yet to
all calibrate with Keith since he started. I have no complaints. So, um it's okay if you don't have anything.
Um Council Member Hall. Um yeah, I guess um I've got a few thoughts. Um you know, I guess I'll just speak
openly, you know, what I just said, you know, with the planning and zoning and stuff, you know, um new to this town. Um, you know, this is the first council meeting, but um, yeah, I guess I just,
um, you know, don't feel super positive about currently what's going on, you know, based upon all the butts and all the chairs out here. you know, it just
it quite honestly has not been positive, like I say, by the number of phone calls that I've gotten on a daily basis. And so, I don't know um what to discuss in an open meeting or if we got to do a closed meeting or what. I'm not sure
what my next steps would be to continue to talk about stuff. But that that'd be my that'd be my comments right now. Yes, madam mayor. Under Minnesota statute data practice is 13D 03. I believe it's a subdivision right
underneath that or '05. Uh if you want to talk about performance issues, you'll have to close the meeting and then you'll have to follow the process that's outlined in your Minnesota League of Cities guideline. Yes, the um labor attorney sent me an email.
I was just trying to find it. So that's something we can look at doing council members on. Welcome again. Uh Keith, question in regards to our outgoing city clerk, Kiki. She is working remote full-time.
She is uh well uh she's in a remote work capacity and other than that, um I'd have to take a look at personnel data to make sure I'm releasing the correct information regarding the rest.
Fair. uh in that regard cuz I you know in my industry we call the word remote a very shady gray area cuz we never really know uh remote's just remote. Um are the duties that Kiki as city clerk as she was previously filling are have any of
those duties passed on to Maggie that have stacked on top of her role as financial specialist? Oh most definitely. I think uh and and other staff I think staff's been super wonderful about picking up and being a fantastic team and moving the ball
forward. Absolutely. Yep. And they are great staff. Absolutely. They're great. And we're uh and I'm in the process. I'm I'm I I really do feel I'll have something to the to the council as far as division of uh uh tasks and responsibilities, workload
distribution. I've got some ideas I think uh as far as what might uh advance the uh the city in a positive direction and more maybe aligned with their actual uh classification that they are working underneath. Understood. Um so from what I'm hearing
from it, you would say that it's true that Maggie, at least for this conversation, is taking dual roles on simultaneously. Well, I I'm I'm pretty proud of Maggie. I think she's done everything that I've
asked of her to do and more. And uh that's a part of that realignment of uh workload distribution that we'll be looking at and recommending to council as far as a potential even uh new classification for her because of that realignment uh and to essentially um uh
have a a merit uh that goes along with the responsibilities that she does have. Outstanding. That was uh more or less the the base for uh my my reason for this topic is to uh consider if we need to have a discussion to be able to give
uh temporary uh based on the temporary duties that have been assigned to her from this outgoing city clerk. Do we need to consider compensation increases? Uh I guess based on this conversation, not just for her, if there's anybody else that you would recommend as well too. I just don't want to let that
opportunity go because if it's warranted should be discussed. I I promise I will have something to the full council uh next month. Okay. And and and Jesse, it may even be sooner. Um you know, but I I the next scheduled council
meeting if if the mayor or two council members would uh prefer a special session, it could be even sooner. Yeah, that's my next topic. In regards to the 26 budgets, knowing that preliminary levy is going to need to be determined here very very soon. Um, I do have a sense of weariness about where we're
sitting right now, understanding where the city staff sits with the change. Uh, can you give us an update or a rundown? Actually, that's a topic. That's a topic. Yeah. Yeah. So, I I relinquish. Okay. To you, Council Member London.
Yes. Um, I've got uh similar interests and concerns that Jesse has mentioned here about Maggie. I think she needs to be compensated for what she's doing and her added responsibilities and so forth. And um, you know, the sooner the better. I promise the sooner the better. It does
take a little time to do a little bit of analysis on that. And and and when I say analysis, uh, I don't want to speak for uh, Miss Megie, but um, it's a participatory process. So, uh, I'm looking at that, but I'm working, uh, through that process with her, and we
are right in the middle of it. U,, but you have to kind of take things into consideration. Again, as you all have reiterated, she's quite busy. So, um, we got to have a little bit of work life balance there. She's putting in a lot of hours and I got to be mindful of that. But I will get something to you sooner
than later. And, you know, the other thing is, it may seem like a small thing, but it's probably a big thing. you know, she handles the the front desk and yet she's got all her other responsibilities out there. If we could uh find her a nice little office to do her work, I think
it'd be beneficial as well. That is part of the uh part of the assessment there, sir. Thank you for that. Welcome. Anything else for Keith? No, Madame Mayor, not for me. Okay. um question because our regular
council meeting starts in 10 minutes but we have budget the 2026 budget discussion on here. Realistically, how much time do you think that will take? Because I see we have all the department heads here as well. I I did for your for for your special
meeting and I uh told them to give a high level uh overview. Um they're pretty sharp individuals. Um so if you want to give them uh two to three minutes each, that's what you're going to get. uh if you'd like to pause and have them come back at another scheduled special meeting or a work session which
may be more appropriate. I mean you certainly could do that. Yes, it's totally up to the council. Um how many do at a minimum continue this agenda item to the regular agenda for the council meeting it's going to start and then you
could discuss continuing it from there to a special session or to a workshop or something if you want to do that. Okay. I won't do I need to make a motion or can I just continue it? We need to make a motion. Okay, we'll make a motion to continue the 2026 budget discussion to
the regular into the regular council meeting. I'll second. Okay. Any other discussion? This one we'll just do a a voice vote. All those in favor signify by saying I. I. Okay. Motion carries. There's no names. Um, who should we
start with? Part: 2
Hang on. Sorry. Just the button. Okay, we will officially call the city of Nisa regular council meeting on Tuesday, August 19th, 2025 to order at 7:05 p.m. And if we can start with the
pledge, I pledge of indivisible. Okay. Okay. Um before we get to item B, approve the agenda, I just want to state so we had continued the 2026 budget workshop which was a part of our
um special council meeting at 5 to the regular council meeting. Um but best practice is to have items published on the agenda, especially when it's something as important as uh the first discussion around the budget. So, I'd
like to see if council might have availability where we could reconvene in a special meeting to discuss um the budget perhaps on Monday, August 25th at 5:00 p.m.
Mayor, if I may. Yes. Please don't call it a special meeting though. You'll just continue a different date. Yes. So then you'll dispatch with notice requirements, etc. I'm good with 5:00 p.m. Bruce
on the 25th. How do your Bruce, how does your calendar look? Pretty open. Okay. Okay. Amazon. Pretty open. They I'm pretty open to Okay. Okay.
Good. Okay. Um before we for the agenda before we approve I have one addition. Um under G new business item 12. If we could add
the following item authorize acceptance of sewer easement for Nisa auto. So that would be under G new business item number 12. Got it. If there's no um objection, we will
continue forward in that regard. All right. Um now, do we have a motion to approve the amended agenda with the additional new business item just added? Madam Mayor, I'd like to make a motion to approve the amended agenda as presented and discussed. Do we have a second? All right. All
those in favor signify by saying I. I. Okay. The agenda, amended agenda is approved. Um, next up is a consent calendar. Again, just a notice to public. All matters listed are considered routine by the council and will all be enacted by one motion. There
will be no separate discussion of these items unless good cause is shown uh prior to the time the council votes on the motion. Do we have an agenda or a motion to approve the consent calendar? Madame Mayor like to make a motion to approve the consent calendar as
presented. Any discussion? All those in favor signify by saying I. I. Okay. Motion carries. The consent calendar is approved. Um next up is open forum. So for the open forum um please
limit your comments to 2 minutes. Please approach the microphone um sign in and state your name and address for the record uh after being acknowledged. Speakers will be limited again to two minutes to deliver their comments. Those speaking are asked to conduct themselves
in a respectful manner as they deliver their comments. Audience members are asked to refrain from reacting to comments. The city council will not respond directly to comments in this venue or take immediate action in response to them. Do we have any folks
that would like to come forward for the public comment period? Oh, and I'm not being disrespectful to anyone, but I'm going to keep a timer, so I'll just like let you know. Maybe I'll give like a one minute warning and a 30 second and let you know. Um, my name is Andrew Mendes. Uh, my
address is 6050 County Road 13. Go ahead, Andrew. Okay. A government's first duty is to protect the safety of its stu of its citizens. Here in Nisa, the city council is failing to meet this very special priority because they are ignoring the
largest public health crisis that is currently facing the city, the mental health crisis. According to the Minnesota Department of Health, in 2022, one in four people suffer from a mental illness. With 4.5% of people at such a high risk for suicide, they should be
hospitalized. That means our population of 1,967 people re correlates to 89 people who are at such high risk for suicide that they should be in the hospital. This is a massive crisis that
and is enough to actually fill this room and all our seats three times what is currently at. Now a large proponent of this is because of the shortage of providers. Currently, there are only one provider to every 13,519
patients. And at 20% of people who are mentally ill are unable to get any access to care because of the shortage. So, if we all just sit here and do absolutely nothing, we're going to actually see someone die. So, I urge you all to find ways to try
to solve this crisis and to bring all of our heads together. And I propose that we make a mental health task force and we can bring this up at another meeting. A mental health task force or committee to try to solve this crisis so that it is an ongoing issue for us to try to address it. Thank you. Have a good night.
Thank you. Do we have anyone else? Do we have anyone else that would like to come forward for public comment? Going once. going twice. Okay, we will close uh public comment. Um next we have reports. So we'll start with um our city
attorney. Thank you, mayor and council. Various uh typical tasks in the last month working through some uh zoning matters. Um uh nothing specific to report. I'm here for any questions.
Do we have any questions uh from the council for Tom? None. Thank you. Okay, next we'll do a report from our city engineer, Bill. Uh, good evening. Um, see, I've been working on uh the G Lake Trail
construction. Um, we're probably about 65% complete and you can see we have the pay app in the uh um council agenda today. Uh the other thing is working on Nisell Lake Park. Um has been completed.
We're laying out the geometry for the park, trying to figure out where the um bathroom will go and all those different things. We're going to meet with Amber tomorrow about 1:00 to uh talk about where we're kind of coming up and uh um
I don't know if we'll have a cost estimate by then, but we're coming up with trying to come up with the layout. The other thing is we're working on is uh um the 2025 street improvement project. um working with Tom here to get
the easements completed and coming up with the next step in order to move forward and get the plans and specs done for 2026. Oh, City Hall Street and Niswah Avenue and
um Church Street. Our survey crew, you've probably seen them out. They've been out surveying Church Street and the city hall street and this avenue. Um, from what I understand, they'll be done and we'll be able to have the toppo by the end of this week and then we can start uh coming up with uh going through
the process and getting the 30% plans and coming up with the ideas. Good. Does uh council have any questions for Bill? I do. Uh, Bill, when was that information due back to Tom in public
works for the for the 2026 road bond like the easements and stuff? Correct. Um well, we didn't I we didn't necessarily set a specific date. We got most of the stuff back. All that's left to get back
to him is um Upper Roy Lake Road. We've spent time um trying to reduce the uh the construction limits, pull them in so that we don't have as many easements as we would have probably
had had we have not refined our um design during this process. Um otherwise we would probably be having twice as many or pretty much an easement along the whole roadway instead of um a much reduced. So we tried to shrink the construction limits in so we have less
to acquire. um through this process, but most other than Upper Roy, which is very close to being submitted to Tom, is uh in his hands.
Does that include the street improvements as well for out here for City Hall Street, Niswah? No. Well, City Hall Street, that process involves uh um we're just right now we're at the where we're at is
collecting the information from the topography um with the top topographic survey and then from there we'll go through and uh determine you know kind of come up with a preliminary plan kind of go through a process of like a graph kind of what ideas we're going to do for
city hall street avenue and church street and then from there work forward with staff and everyone one to uh come up with what we think the concept should be for those streets. Said uh the idea that was is to get that done. I
don't remember exactly what we wrote in there, but you know, this fall. Okay. Well, my concern is we're getting it in soon enough so we can set our preliminary. Yeah. Like we're running out of time. We are. Cuz if it doesn't come in now,
what's that? Push it off. I I so that's my concern. Anyway, we need all the information for the so it can go to Tom so we can look at the cost so that we
you know and everything so that we can put that into uh uh the levy. But um Bill, I uh I think I'd like to request just a meeting as being liaison to public works uh between you, me, and Tom so we can try to get a a clear idea of
path forward so we know where we're at. Okay. On on all of these projects um perhaps next week even so we can connect offline here. Sure. Appreciate it. Thanks, Bill.
Yep. Well, council member Freley, do you have something else? Keith might be want to be in on that uh meeting, too. I think he should be, but let's just Sorry, I was looking down, Madame Mayor. No worries. Okay. Thank you, everyone.
Thanks, Bill. Um, old business, Roy's Landing Project, uh, a recommendation from the planning commission. So, we need a council motion here. So, I'm just going to call this out again. We need to have a motion in a second. then we can call up um the city planner and then we can open it up for
discussion. Um so I trust everyone's had a chance to look through the packet. Do we have a motion? Mayor, if I may. Yes. I might recommend it recommend a different sequence for that for this one. Yes. Okay. Um
might entertain the discussion including either a overview from Stephen or I can certainly give it to whatever. But yeah. Okay. Stephen, why don't you approach? Thank you, mayor and council. Uh, so the planning commission was tasked with a review of an additional
topographic divide proposal uh from our city engineer staff at Witsth. um an evaluation of whether or not we would want to redetermine the topographic divide that was established back in 2021 for the plat of Royy's Landing. Um the
top topographic divide that was established then followed the 1236 contour. Um and that was established using the means available to us at the time using LAR technology. Um the applicant had come forward for a meets
and bound subdivision. um which could not proceed without redetermining that divide. And so he and uh being Jethro carpenter here um had tasked his authorized agents, surveys and engineers
to go out and do a drainage assessment. Uh that drainage assessment was in front of the planning commission back in November and resulted in a recommendation to deny that request for a change in the topographic divide. um the move forward to city council where
it got tabled and uh resulted in Woodsth going out and taking their attempt at establishing that topographic divide. So they have provided two um pre-road construction and two postroad construction topographic divides for uh
this plot. um recommendation that I provided to the planning commission and board of adjustment at their most recent meeting was to adopt either of the pre-road construction determinations provided by either the applicants agents or by Woods versus the adoption of
postroad construction um divides because that would consider the anthropogenic features of the landscape being the man-made alterations of the road. Um, in any case, these more recent evaluations are proposed based on
current ordinance language and the work had been completed by licensed and certified individuals in their fields of expertise. Um, so that would be my recommendation if the plan if the city council were to um redetermine it to go with either of
the pre-roads. Uh but the planning commission board of adjustment has provided a recommendation to uphold the denial for the request for topographic divide change. So there you have it. Tom, did you have
anything that you wanted to add? Just a second here. Can I can you pull that information up and put on the screen so we can all see what you're talking about? It's on page 94 of the packet.
Yeah, just maybe the map that Stephen's referring to. You can go ahead, Tom. Thank you. to remind the council, uh, when this request first got made for a a revision to the former topograph or to the current topographic divide
determination from 20, I think 19, um, the planning commission considered it and made a recommendation to you to deny that, which then um, started more conversation around analytics, gathering more information. ultimately we all know
resulted in the applicant um agreeing to pay for WIDSH to be hired by the city to do its own independent evaluation. I'll let the smarter people on that on the analytics speak to what it means if you have questions. Um this did come before the planning commission as you
see from the minutes at its most recent meeting. They did consider all of the information including the most updated WIDSTH information um and did make a recommendation uh to you um to deny the uh request. So that's the posture now um
in front of you for a decision now about whether to grant that application and make a determin determination to change the topographic divide or to uphold the planning commission um recommendation to you to deny that request.
If and and I'll say this now even though we're at the start of a conversation. If if it's if it becomes the council's pleasure by motion here to change that determination, then I'm going to ask you to um continue that agenda item to the next you can make your motion if you do
that and that becomes your decision. Uh but then Stephen and I would need to work on some findings for you to adopt at your next meeting that would be in concert with a motion of that sort. So that's front end stuff for the back end when you ultimately make a decision,
but I wanted to get that in now. So the proper process would be to have a motion in a second and then to have discussion and I believe there are some folks here in the audience that probably would like to come and make a comment to councel. So do we have any motion
before we have a motion and more discussion? Does everybody understand that map and what we're looking at or do we want Stephen to explain it? Stephen, could you explain that map a little further?
Uh, yeah. So, the Can I approach the screen? Yes. So this so this is the top by city and approved by the DNR
lab here for westwood and for over here along this parcel line is the most photography by um as you can see
is at the top of the feet addition and then the open space in the past and then um a little bit better in the color format
as to which one is actually. Um so the ones of color here have more I guess engineering surveying kind of and less of a um conservative approach for determination
of it. Um and so they kind of run in very much perpendicular to each other in all cases as it relates to the 2021 determination. Uh the different methodology was used. In this case, we
have more surveying and engineering for a drainage study in either of the colored ones. Um, and again, my recommendation would be to consider the pre-road construction as opposed to post-road construction because of the environmental impacts that can come
from, you know, changing topography and the repercussions that could come forward from uh considering that and and establishing a topographic divide. Um, from that I suppose I'd open it up to the applicant or engineers to talk about
more of the nitty-gritty details as a game for establishing these different divides. Madam Mayor, yes, Tom. Stephen, by clarification, when you just made that suggestion about pre-road construction or yeah, pre-construction um topographic divide
and when you made that recommendation to be clear, that's only if the council decides correct to deny the planning commission. If if we would move forward any new one, I would heir on the side of the pre-road construction as opposed to either of the
postroads. And if the council decides to uphold the planning commission and deny this application, then all of that is moved. Correct. Thank you for that. Okay. Does anyone need further clarification or are we ready for a
motion? We want to make a motion before we hear from either party. Well, the proper way is the way we should do it for Roberts is have a motion in a second and then we open it up and we can hear from whoever would like to speak and then council can, you know, listen to everyone and
then make their comments, ask additional questions to make sure that everyone feels very educated, knowledgeable, has a good grasp of everything and feels like they have all their questions answered to be able to make an informed vote and decision.
I'll take a stab at making a motion. I make a motion that we deny the planning uh commission's um recommendation uh to deny this and that we look at what
WSN has presented um their facts of finding for for this property. Do we have a second? Um, sorry. With the version of preconstruction. Yes, preconstruction version.
Do we So, so I kind of got confused on that motion. Do you want to repeat it, Joe? that we would deny the uh planning commission's um recommendation to deny
changing it and that we would look at a um going with WSN's um determination of preconstruction um facts of the line. Yeah. Finding a
fax with the line BA basically agreeing to redetermine the topographic determination. Yeah. Yeah. To consistent with Seth's analytics here based on preconstruction. Correct. Do we have a second? I'll second.
Okay. Now, uh we can go to discussion. Um Stephen, do you have anything else to add for council that you feel might have been missed or anything else you want to add? Not at this time, but I'm here for questions if you have any. Okay. Could I just ask one question to
Stephen? Stephen, can you cover um and there was some discussion at the planning commission about uh extra lots um additional land. Um if that would be the case, would that have to go through any additional process or by the mere approval of this motion, would it uh
automatically grant um additional lots or land usage? No. So, the topographic divide is the only thing on the agenda tonight. uh subdivision would have to go through its own administrative proceedings for review. So um lot splits are not on the
not on the table at this time only a topographic divide redetermination. Thank you. So sorry to add that I keep inject injecting myself here but but yes you need to determine this just based on what's in front of you but
everybody knows the way the application went that the next thing is coming depending on what you do here. And as Stephen pointed out, if you change this, which would enable that second application for an administrative lot split, then that's an administrative process that won't come before the planning commission. It won't come
before you. That's completely Steven's purview at that point. So this lot split, if I if I may, would uh be in front of the planning commission for review um if that was something to come forward. But this topographic divide was just one of the
hurdles that the application would be evaluated against. Um the topographic divide establishes lot size minimums as it relates to width and buildable area things like that with riparian lots. So
um that is indeed a separate discussion. Okay, let's um start with if there's any council questions for Stephen before we open it up um to the public. So, Council Member Hall, do you have any questions or additional comments for Steve?
I guess just comment to clarify the original what I found out at the last plan commission, the original line that was taken off taken off the county GIS mapping online for that determination.
Correct. Yes, that's my understanding. They utilize LAR uh contours to establish and determine which specific LAR contour was the topographic divide to move forward with plat view. Okay. I just Do you have anything else?
No. Okay. Council members on I have nothing. Um Council Member London, Council Member Freley. Okay. Uh Tom, do you have something else? Did you have a second to that motion? Yes.
Yeah, we did. Jesse, Council Member Zen, the only other thing I would ask Stephen clarif if if a determination if a motion is passed now to deny planning commission and grant the application for a new topographic divide.
If the council does that now then that will go to DNR for review. Correct. that would be the next steps that you talked to uh about continuing this under that guys that then we could go and draft that resolution to be approved by council at the next meeting. So only only once you act if you do will
the DNR review it and then who knows what they'll do but yeah okay council members on but the DNR has not been contacted yet. They have been contacted and notified, you know, for sorry, I should clarify. The DNR hasn't
responded yet. They responded. They take the approach that they're not going to uh get involved in and overstep city's authority in taking the first step to approve the redetermination. So,
okay. Anything else for Stephen before we open it up from council? Okay. Um, I suspect there are folks here who would like to uh address council on this specific issue. Um, what I'd like to ask
because it might be a few people. Um, is if we could try to limit to like threeish minutes or so. Um, and if you'd like to come forward and address council, please just come to the microphone and state your name and um, address.
It's up to you. I can um the applicant Jethro Carpenter. So, I don't really have too much to say. I'm not going to burn up too much time. Um outside of the fact is we there was a top divide determined by
the city planner at the time. that probably is not her expertise of doing divides, which I don't believe that she did it intentionally. I just think she didn't exactly understand in the DNR stance on everything is is they're going
to essentially not get involved just like this unless you are generally defying the rules of that are the requirements of what the DNR's minimum are. They don't get involved. Um, and Bill could probably answer more, but you
can't hardly contrast them more than what it is. Like it isn't any of the color ones, right? Clearly raw almost completely different direction than what was determined originally.
And previously the council came up to the property and was able to see it firsthand um to just generally get an understanding. We're just here. We want to make sure that this is done right. I
um when we agreed to the deal um to have it uh redone by a independent party, I believed at that point in time that they were doing it in good faith that if uh the termination was similar to what we
had before that that would make sense. So that's why I agreed to it in good faith that the city would be fair on the deal and wanted the full information. didn't want to just go along with it. They wanted to get it right, not just
get it done. So, that's essentially what I have to say. You're going to hear a couple things from people. They use a different method and this and that, but the these are people that are unlicensed, unprofessional, that tend to have a
agenda of what they want to see. So, they come up with reasons why. Um, we had professional licensed engineers review this deal to make sure it just didn't get done, but it got done right. That's all I just say unless you guys have any questions for me.
Does council have any questions for Jethro? None. Nothing. Okay. Thank you. Thank you guys. Thank you. Are there any other individuals that would like to address the council? That's it.
Mayor Council, thank you for allowing me to speak. My name is Paul Asmmanson. I live at 25221 Bass Lake Road. I sent you a letter uh today. I I trust you've received it and you read it. I'm not going to go through all of it, but I think I tried to outline the issues and
why I believe you should agree with your planning commission who has looked at this issue twice. They are the expert that you rely on and deny this application to redetermine the topographic divide. I guess I am the non
unlicensed person that Jethro was referring to, but I ask that this this the decision here today uh Mr. Carpenter suggested that the original topographic divide was somehow
made in error or made by someone who was not experienced and that just is not the fact and is not the case. Mr. Carpenter and his professional professionals surveyors and um engineers were involved in the decision in the
discussions of the determination of top topographic divide at the time of the plat review. It was an important issue at the time and they understood the ramifications and they were involved and the city plan planner also went out to
the DNR and got their concurrence and their agreement in the determination. To come back a couple years later and decide that different method should be used so that he could sneak another lot in the plat is just inappropriate and
sets the wrong precedent. If the determination had been made at the time and Mr. Carpenter could have presented this analysis, he could have presented the additional engineering and survey results, he did, he chose not to, but he could have. If he had and the
determination was made that this was a topographic divide, then the planning commission would have had that information available while it was approving the plat and the ramifications of having additional lots on Roy would have been considered and it
would affect it and would change the outcome of the plat decisions such as the common access on Roy Lake and the the shape of this lot which you don't see the whole lot. It actually goes up. There's a strange uh tail on it to give
it access to the common road. Now they have two lots which do not meet code with no driveway access, no public road. And that's really why this was all done also to avoid building a public road. Could you put on the earlier picture of
the uh topographic divide? I believe it's page 101 of your Oh, I don't want to cut you off, but we're almost at that point. Yep. Okay, but the decision here is which method is better? The assumption is that because the second method, provinial business carpenter has a lot of more technical
survey information is better. Let me show you a really absurd result of using the second result 101 under PDF of the of the packet. What it does is it takes if you're taking the
continuation of the top divide. Oh, no. Is that the one I added? Where is the top? Here. It's just not Yes, I think that's it. This should be called But here's the
you're considering to adopt. This is a cabin on B. This the road to here is here. Bass is here. It's a bass lake. Your methodology methodology
now would put this which is on bad lake actually late but it's absurd result my point is the original method is most appropriate facts and circumstances are miscellaneous and that's what the
planning commission decide using this expertise the use of this methods presented by Mr. carpenter which does rely on additional surveying technology doesn't end up with the best result the
best result for this land under the facts and circumstances and that's just one example so your decision has to be what method is the best the original method which was properly determined by the city council reviewed twice approved by the DNR or Mr. carpenters method
which works out well for him to add another lot to his development which was not considered during the original planning commission review. Thank you for your time. Thank you. If you want to state your name and address.
Brad Berkeland 972 Bass Lake Road. Um, first by default this when I believe when Jethro purchased this property the topographic divide had already been set in place. It it it by the time it was
administratively approved. It was it had been done. This the intention of Niswood was to make a long-term topographic divide that would last throughout a long period of time, not just for one
individual owner and changed every time every time another home is built, every time more trees are cut down, more impervious surfaces are introduced. This method that was used with the DNR, Danny
McNeel physically walked the property. They determined that the ro the Basslake road was not uh whatever the anthropomorphic structure that was not a divide. Somebody at some point just had assumed
that that parallel Bass Lake road was a divide between the two lakes. So everything to the right would have been Roy Lake. everything to the left. Obviously not up by best like that was incorrect. It was never even brought to
the DNR. I contacted the DNR for other questions and I brought this up to them and they said, "Oh no, this by default the entire property is subject to the NE standards." They they did not have any
right to just assume that there is a topographic divide whether or not it's a drainage divide. It has to be approved by the DNR. So, I mean, when the lot was purchased, you were just assuming that you were going to get you were assuming
there was a previous developer that came in and changed the uh whatever the land use changed it from open space to another one, but they did not ever check. And this this is a state rule that could have been checked by the
developer team before you purchased with a quick claim deed to buy a property that you didn't know how many lots could have been developed. Now this it was totally proper. They they consulted Cliff Bentley, the DNR, the regional DNR
uh land use specialist out of Two Harbors. They consulted Dan Petrick out of St. Paul. This process was stopped. It was well thought through. They went and determined. They wanted they looked at this was comprehensive plan. They
wanted to keep the sensitive areas of this property. They wanted to somehow use that as their as their dividing line for this topographic divide. This one does not have to use the method that says it's literally which way the waterfalls. They can do whatever they
want. By default, again, there is it all any standards apply to all of them. So, NISWA, we're at about the three minute mark. So, Nisma basically did what they had the right to do. It was approved properly by the DNR. The
intention was not to ever come have this brought back to the council and redetermined every time the land changed ownership or there was a new development. Thank you. Thank you. Do we have any other speakers on this topic
Anderson 920 Bass Lake Road and uh thank you for letting me speak for a minute or two. I feel it's really important you take seriously what your planning commission does. I know it's hard for you to all understand everything that happens in the city and all the things that come up to make a solution and recommendation, but these guys are doing
a heck of a job and the previous two administrators did also really understood this thoroughly. And I know I realize you're busy, but by this is what you have them for is to come up with good recommendations with good sound reasons why something should or should not happen. And I think you heard pretty
clearly it was voted no. And I think we should listen again and reconsider that vote that's been made. Thank you. Thank you. Do we have anyone else? Okay, I'll go back to council for one last pass if there are any additional
questions, comments, thoughts before calling the vote. Anybody? No. Okay. Um, why don't we repeat the motion just one last time so everyone's clear on it.
I make a motion to um deny the planning commission's um um denial of changing the uh divide line and to look at approving
the data provided by WSN that shows the topographical divide line preconstruction um as the divide line. Okay. Um we'll do a roll call vote for
this. So uh council member Hall, we'll start with you. Yes. Council member Zan. Yay. Council member London. Nay. What was that? Nay. Nay. Okay. Council member Freillley. Nay. What' you say?
Yes. Oh, you both said I knew you guys were going to do that. Um I vote yay. Motion carries. Thank you everyone. Um the next item under old business is
discussion regarding public works committee, liquor committee, and personnel committee liaison. Um, since there's not necessarily a council motion with this, I'd like to make a recommendation um because this would be a part of the organizational assessment which um we're going to do. I know Keith
is working on that uh and we're looking to do that in a closed session with council um if council is amendable to it that we have that discussion at the tail end of our workshop strategic planning session on September 18th. If that works for everybody, we don't necessarily need
a motion. Yeah. council. Good. Okay. Perfect. Thank you. Oh, it's we'll discuss it all. Okay. Um the first item under new business is a request for council action
um for the 2025 audit quote and recommendation. Um Maggie, I believe that is you. Yes, thank you. Um I am recommending to go back to uh
Schlenner winner as our audit firm for the 2025 year end. Um they have been great to work with and just personally due to all the changes in the office I would like to have some consistency as we move
forward um for our year end. Okay. Do we have a motion? Thank you Maggie. Madame Mayor, I'd like to make a motion to uh accept the request for the 2025 autoquote recommendations for Schlunner Warner Wer as presented. Second.
Any additional questions? Um discussion for Maggie from councel. Okay. All those in favor signify by saying I. I. I. Motion carries. Um, next up under new business is a memo from Chief Shamansky
regarding bodywn uh bodywn camera audit results. Good evening, mayor and council. Um, in your packet there you have the results of our bodywn camera audit which is required to be done every two years by
an independent auditor. Uh only discrepancy noted was a subdivision of a statute that was left out of a policy um as noted in the report there that was corrected prior to the final report being done and everything is in compliance now.
Okay. Do we have a motion? Madame Mayor, I'll make a motion to uh accept the memo regarding the body warn cameras and the audit results as presented. Second. Uh, that's a tie. That's a tie. Yeah, I heard Joe first.
Okay, you can write Joe then. Um, any questions, discussion from council for Chief Shamansky. All right, all those in favor signify by saying I. I. I. Okay, motion carries. Next, uh, public works request for
council action, a pickup purchase. Tom Good evening everybody. Um, so this is a this was a budgeted purchase for 2025. Um, bear with me a second while I find it in the packet. And
Maggie, I'm asking you to approve the purchase of a shop pickup truck. Um, I'm re recommending purchasing a 2026 Ford F250 from Kimber Creek Ford in Pine River. I got quotes from two dealers who administer the state contract, uh,
Midway Ford and Dodge of Burnsville. Um, both of them are one was higher priced uh than Kimmer Creek and the other one was not what we were looking for. I also sought uh bids from local
local dealerships uh Mills Ford, Tanner Motors and um Don Linger and only Doner um provided me a quote and they were also higher than the Kimber Creek quote. Um,
I love the word said on the line item, the Dundee discount. Well, the Dond discount wasn't low enough obviously. Um, so just to give you an idea what the budget impact will be for this um is under under the uh budget number uh
budget was 49,251. Uh we would be purchasing this truck for 44526. And with that I would uh look for approval of that. And um just to uh also make you aware that we would likely be
selling the 2012 F450 and that would come off of this purchase price. So do we have a motion? I make a motion to buy the truck as stated on the quote um and also sell the
F450 on govdees.com. I'll second it. Any additional discussion or questions for Tom? All right. All those in favor signify by saying I. I. Motion carries. All right, Tom. Next is your uh public works request for council
action. Hole in the day sign. All right. I don't know how many of you are aware of this sign. It's down by Mats and Lumber. Um at least the frame that's holding it up is about to fall over and the sign itself is uh faded. It's peeling. It It's wore out. Um, so I
guess what I'm asking is do you want to continue to have that sign there or if you would like to replace it? I have a quote here uh to replace it uh just to give you an idea of what kind of a budget you would have to allow for to replace that. Just looking for some feedback if you
want to replace it as it exists today or if you would like to have some new artwork done. What would you like to do? Oh yeah. Yeah. Go ahead, Justin. Um I was going to suggest that um there's so much rich history in that area of
Niswah in regards to Chief Day, Chief Hol Jr. especially with now the addition of the park right on the other side of Hol Bay uh Lake. Um my thought Tom on it was definitely main
well replace at a bare minimum and knowing the the price and the quote you have there but perhaps maybe even amplified a bit to have some sort of advertisement to push people or at least make known that we have that new park on the other
side of that lake because for anybody that's taken the luxury of going down the trails uh on uh and I'm forgetting the name of the park and I'm really sorry. Thank you. It's fantastic. It really is.
And it's uh it's such a neat area. The Native American history there is rich. It's it's long. It's it's storied. Um so I'd be in favor of seeing uh perhaps an enhanced design with the signage and to uh perhaps even consider some
advertisement to be able to get some traffic to our new park. So is that a motion? Well, well, I I would like to add to that as a sign is keeping it, but uh working with parks to keep the theme. Let's We need a motion and a second. I
know. So, is that your motion form motion? Yes. Okay. Do we have a second? I second. Okay. Additional discussion. Council member Freilley, did you have additional? Yeah, that's my additional is work with Amber. So, we get we have a theme. I
think Amber's working on a theme for signs for parks or because we want to keep them all consistent throughout the na but yeah. Okay. Nothing anything further council member Hall. Okay. Nothing additional for Tom. Tom,
do you have something else? Just a quick question. So, um we worked I'd worked with Sign Spot for the quote that I've got. Um would you be okay if I continue to work with them as far as redoing the artwork with the Amber? Yeah. may go up. Absolutely.
Perfect. All right. All those in favor signify by saying I. I. Okay. Motion carries. Um All right. Tom, public works request for council action sale of
Onin portable backup generator. Yes. Um so this was a request by our sewer operator Mike Deck that I uh look into asking for permission to sell this. Uh, this is a generator that we um
we've actually bought another portable generator a few years ago, a much newer one, a much quieter one. Um, we're finding that since we've purchased that one, we don't use this one enough to warrant keeping it around and the expense of keeping it uh ready for
emergencies. So, um, we'd like to put it on Gov deals for sale and u just looking for approval to do that. Do we have a motion? I'll make a motion to approve public works request for the sale of the Onon portable backup generator as presented.
Second. Any additional discussion or questions for Tom. All those in favor signify by saying I. I. Okay. Motion carries. Thanks, Tom. Yep. Um, next up is the parks request for
council action trail realignment. Good evening. Thank you. Um, so before you tonight, you have a quote for a small portion of the Golic Trail uh realignment. Currently, there is a section where there is a structure adjacent to the trail, and we do not
meet the twoft clear zone. So, what's before you tonight is to uh realign the trail through a small 60-foot section to meet the two-foot clear zone. Do we have a motion? Okay, I'll do it again. Uh, I'll make a
motion to accept the park's request in regard to the trail realignment uh with the presented quote of $1,693 with Anderson Brothers. I'll second. All right. Any discussion or questions for Amber? Why wasn't this caught when it was put
in? Um, there's a long history of dialogues on this one. that's gone through Woodsets and the city attorney and um so we were aware of it and now this is the resolution we are bringing forward. Is this money um still grant money that
can pay for this? No, this is out of the trail reserve. So how much is in the trail reserve, Amber? Um, currently about 15,000.
So, this would take us down. Yes. Yeah. Any additional comments, Joe? No. I guess you know, just uh another thing that was missed on
it, I guess, the first go around. I don't know what to say at this point, but seems like maybe it should have been caught with all the discussion that happened on that trail and to come back and pay almost $12,000 again to do something we just did a year ago,
you know, at the city's expense, you know. I don't know. I just feel like maybe uh you know with the parties involved whether it be the contractor, the engineer company, whatever that you know
somebody would help step up to take some of this expense on. Um being that we hired these professionals to put this in for us a year ago, that would be just my takeaway on this. This was just just done a year ago. So,
I don't know. Okay. I don't know if you have any feedback on any of those discussions, but uh if that's a route you'd like us to pursue, then I think we would need council direction. Is that accurate? Mhm.
Yeah. We have a motion and a second on the floor, though. So, let's vote on this one. Um, any additional comments from councel before I call the vote? Okay. All those in favor signify by saying I. I. Opposed.
Opposed. Okay. Motion carries. Um, next is pay application number three for the G Lake Trail. Uh, Amber, I I can just make a motion. Yeah, go ahead. I'll make a motion to approve the pay application number four
for high tech. I'm on the wrong one. Never mind. I'll make a motion to approve payment application number two for the lake trail as presented. Number three.
Oh, payment number three. This is okay. Payment number three, $160,170.96. I'll second. Any discussion? All those in favor signify by saying I. I. I. Okay. Motion carries. And then number
eight is pay application number four. Oh, sorry. Okay. Pay application number four for city hall remodel. I'll make a motion to approve pay application number four for Hi-Tech/Gordian for the work completed through July 31st 25 for the total amount of $93,789.80.
Second. Any discussion? All those in favor signify by saying I. I. Okay. Motion carries. Um, next is the city hall remodel change order number two. Tom
al so I'm looking for approval for the change order for high-tech Gordian for extra work completed at my request change orders for some extra tuck point extra tuck pointing that they've done replacement speakers in the hallway um they did a lot more painting in in the
hallway as well uh the change order adds $4,895.64 to the original contract. Copy of the signed change order is in your packet. With that, I would look for approval of that change order
or questions if you have them. Um, do we have a motion? I make a motion that we approve the change order as presented. Do we have a second? Okay. Are there is there any discussion or questions for Tom regarding the change order?
No. Right. Is is this about it? Yeah, we're nearly done. So, there's just a few small items left. The blinds are motorized. Uh so, there's a warranty issue with the one one of them isn't working. Um there's a back order on a part for some
heat trace for the uh downspouts going out in front of the uh police doors. Um so they'll be installing that at a later date once that equipment is available. Uh let's see that was a third thing. Um was all the concrete in the back?
All the major stuff is done. It's really minor. Uh this is one of the smallest punch lists I've ever had. Right. Uh so it's very small. So when they started doing the concrete in the back here, there wasn't any more. The roof was by far the the biggest
issue, right? The roof and the windows. And so those have been done. You've paid for those in the past. So we're nearly there. And we're fortunate that the mold wasn't uh like Yeah. Actually, um I thought we had a lot more dam we would find a lot more
damage than what they did. Um most of the damage is right here about where the men's room going into there is. They had to do some repair of some of the uh framing and stuff in there. Um and obviously they've replaced the sheetrock
in that area. Otherwise, um it's in good shape. Okay. All those in favor signify by saying I. I. I. All right. Motion carries. Okay. Next, um we this was brought up at our last
council meeting regarding potentially changing the meeting start time moving forward. Um we talked about it. I don't know how if we want to make a motion tonight if it's something we want to look to change starting next month or we want to just wait and start clean at the
start of 2026 if uh there is appetite. But I don't know if we want to put a motion out there. I think the conversation was maybe starting at six. Yeah, I'll make a motion to start these meetings at six if uh there's I'll second.
Um is there any discussion? I'll I'll second that. So now we got a second. Uh my my piece of the discussion is we have a handful of committee meetings as well. Uh the planning commission is starting at 6 PM.
Um 5:00 pm parks committee parks is at five. Want to move up since we got this box open. Yeah. Yeah. There is that thing called a full-time job. Um
well, let's Do we have a motion to Well, you didn't specify when exactly. So, so just No, I said six, but starting when starting in September or January, are we able do are we able to modify this year's calendar so we can move
these meetings up last year? Few meetings. Um, I am good. Oh, great. Uh, next month. Okay. So, the motion is to change the start time of the C. Well, actually, we should Does that impact you at all, Tom?
Your schedule or bill? just No, I'm good. I'm just going to take a subject to do that. It will from time to time. I've got another client that has night meetings that start at 6:00 and I've been able to start at 6 there and then get get here by seven. But we'll work it out for those rare
situations. So, don't worry about it. It'll work out. Are you sure? Well, it just may be that I'm not here sometimes depending on what the agenda is, but I try to balance what's going on in either place when I have those conflicts, it'll be okay. Okay. All right.
All right. Um, any other feedback, thoughts from council? Okay. All those in favor of changing the start time starting in September to 6 p.m. for the regular council meeting, signify by saying I. I. Okay. Motion carries. Um and then we
have uh our strategic planning session. So we did our February workshop with the full council and staff and our current strategic planning session is scheduled for September I think 10th but um there is a conflict and we'd like to have all
of us full participation because it's important to have everyone's voices. So it appears the date that would work for everybody is September 18th. So, if that is so aligned, if we have a motion to move our strategic planning session to September 18th from 8:00 to 4:30 p.m.,
we would entertain the motion. I uh I am the the sole culprit, so I apologize. I have a conference every single year that same week, and I didn't look at my calendar, so I own it. Um, I uh I will make that motion to move the
strategic planning session to September 18th, 2025 from 8:00 a.m. to 4:30 p.m. I'll second. Okay. Any discussion? All right. Oh, Joe, will you buy us something extra special for lunch that day? Uh, no. Okay.
Uh, all those in favor signify by saying I. I. Okay. Motion carries. So, if we can get a maybe an updated calendar invite on all of our calendars so we don't forget, that would be great. And then our last uh amended additional item is to
authorize acceptance of a sewer easement for Nisa Auto. And I think that's Tom again. Right. Um, this is kind of a complex issue, but I tried to boil it down to just a few minutes here. Um,
so the action requested is to approve the city administrator to sign and accept the conveyance of an easement for a sewer step station and con connecting sewer line to the sewer main in the rightway of Hazlewood Drive. um background. Uh the state has recently
installed a new plumbing inspector for our area. He is interpreting the plumbing code dealing with our central sewer system step stations to require the installation of duplex pumps for all commercial step stations. um plumbing inspector from the state of Minnesota, Department of Labor and
Industry will not allow the installation of a new step station or commercial purposes without a duplex pump setup unless there's clear processed easement to this to the city or the area the step station will sit. Um the city doesn't
have a specification or requirement for a duplex pump step station setup for businesses. This has been the entirety of the central sewer systems existence. Uh with this the easement is necessary
to allow Nisah auto to install a city specified single pump step station and prevent further delay of their project. Um, moving forward, if you approve this easement, um, until the state,
Department of Labor and Industry, and the MPCA give the city clear direction on what type of step station is required or allowed, uh, the city should require a legally processed easement be granted by
the property owner to the city prior to starting construction of a step station. Uh the city with this easement will continue to allow single pump step stations unless a duplex setup is required and that would usually be based on flow if you know size of the business. In this case this flow is very
small. Anyway, a lot of complex uh analysis would go into that. But uh we have 20 years worth of these step stations installed. There's like 120 of them. uh
what what the Department of Labor and Industry has done here would could potentially affect all of them. So anyway, moving I think this is the right thing to do and thank you to Niswah Auto for working with us on this and uh I
hope to make this as pain painless for them as I can. Thank you. I just wanted to say this is a perfect example of collaboration. So I want to thank Tom, city attorney for working on that. Steven planning Tom U. It's a long-standing practice. We got state
inspector put the poor owners of Nisa auto in their crosshairs kind of had to retool things and those poor folks ended up uh you know their project suffered not as a necessary result of the city of Nisa but I'd like to thank them for their patience and uh it's a good
example how we were able to move this along as quickly as we possibly could. So I just appreciate the council taking a look at this. Can I add for sharing? Can I add? Yeah, go ahead, Tom. Um, to that comment by Keith. Mike Deck um from Tom's department uh did a good job of putting on this all together,
getting the specs, getting me what I needed to draft this. So, thanks to Mike for that. Um and Tom, did you say have have the granters signed this? I believe we did. Yes. Yeah. Okay. So, it just needs the city administrator's approval. Okay. Thank you everyone. Um do we have
a motion? I uh would happy to be the one to do that and also thank you Keith for quarterbacking Tom and the rest of the staff too. Um I'd like to make a motion to uh uh authorize acceptance of a easement
for Nisah auto as presented. Do we have a second? I'll second. Any additional discussion or questions for Tom? All right. All those in favor signify by saying I. I. Okay. Motion carries. Uh, thank you Tom and thank you everyone.
Um, next up are council liaison reports. I unfortunately don't really have much this month. It's been busy with my businesses, so just trying to keep my head above water. Um, council members, council member Freilley, we'll start with you. Well, as we all read in the uh consent
calendar with Parks and Wreck, uh we now know that the tiller system is officially kaput on the uh ice rink. And so there's no getting it, restoring it. Um and they've been working on ideas of
what can be done that uh for to get Minnesota Hockey Day 2027 here. So, we'll see. talk about that more at the workshop. Council member, nothing. Council member Zan, um I did receive an email from uh one
individual um over the weekend in regards to a request for us to change the state flag that we have flying outside city hall to our original flag. Um I am passing that along. Yep. And perhaps that's something that we can
discuss at the next meeting, the town hall. No, the future planning session. Sure. Yeah, that's all. Council member Hall. Uh, the only thing I'd have is Keith,
when you get the information in on the search firms for a full-time city administrator, I'd like to see us call a special counsel meeting right away so we can get this process going so we don't kick the can down the road any further. Um, and so as soon as that information
is available to you, uh, that would be great. I'd also just maybe ask or the council's opinion. last time this happened, um the the firm that did it did kind of a a study as I've been told
maybe on the current um condition and I would like that information brought up at that meeting. Maybe that's one of the firms you're reaching out to. If it's not, maybe we could just because they already have a leg up on it. They've already done all this work for the city,
but I would like to see that happen as quickly as possible. um if possible just because I don't I don't want to wait one more month for this to take place and then also um yeah
for the staff to uh to get that information. Maybe we can do a a special counsel meeting too and talk about what we're going to do with the clerk position at that time all in one meeting. That would be I guess what I'd ask. Sounds very reasonable.
Sounds good. Um all right. Anything else from anyone? The upcoming meeting dates are on the calendar and a motion to adjurnn would now be in order. So moved. Second. All those in favor signify by saying I. I. Meeting is adjourned. Thank you everyone
for attending. Sorry. I know they're not just lies