e e e e e e e e that's why I was like all right at 6:30 so I'm going to call
the August 5th meeting of the Wilmer city council to order and ask the clerk to call the role mayor protm o here council member Nelson here Davis here shouldis here dle
here osmus here Butterfield O'Brien here so I have re mayor ree is excused so I have eight present two absent seven present two absent
sorry can't do my math today thank you seven present two six no seven pres I can't do my math tonight either all right please stand for the pledge of allegiance to the flag of the United States of
and the for stands Nation indivisible withy and justice for all any proposed additions or deletions to the agenda otherwise I'm looking for a motion to approve move to approve
second a motion in a second any further discussion roll call mayor protm o hi council member Nelson I Davis I shes hi baggerly hi osmus hi and
O'Brien seven eyes zero nose that passes um have a proclamation um for an kofel day whereas mid Minnesota legal aids longest serving deputy director an kofel close out a
44-year career serving lowest income vulnerable and marginalized clients residing throughout candy oh high County and 48 nearby counties and whereas Anne kofel joined mid Minnesota legal aid August 9th 1980 fresh out of law school and rapidly ascended to the rank of
deputy director in 1983 and whereas an kofel helped clients obtain 2,231 nights of safe housing directly impacted more than 15,2 people throughout her career and garnered um
$473,000 of legal benefits on behalf of clients therefore be it resolved that the mayor city council City staff and the citizens of Wilbur hereby offer their sincere appreciation to an kill as she retires Friday August 9th
2024 we now move into the consent items uh clerk Larsson will you present the consent agenda mayor Pro o and council members tonight for your approval I have the city council meeting minutes of July 29th 2024 the Municipal Utilities
Commission meeting minutes of July 22nd 2024 Planning Commission minutes of July 17 24 a draft consideration to approve the two-year lease of advertising agreement with Wilmer warhawks for facility and Ice usage at the Wilmer
Civic Center consideration to approve facility use agreements with Wilmer public schools consideration of the glacial Ridge curling advertisement agreement for blue lines Arena at the Wilmer Civic Center consideration to approve West Central Roofing contract
contractor contract to repair Civic Center roof shop roof consideration to approve the contract with West Central Roofing Contractors Incorporated for the installation of a Civic Center snow guards accept and approve final payment for project number
2210 trunk Highway 12 lift station removal of inactive Planning Commission zoning appeals board applicant Steve amen zoning appeals board applicant Jean cing accounts payable report from 724
2024 through 731 2024 and for your information monthly permit report of July 2024 thank you any items that were removing from the consent agenda otherwise I'm looking for a motion to approve the consent agenda items [Music]
second any further conversation all right roll call council member Nelson I Davis I sches I baggerly hi osmus hi O'Brien hi
and mayor to protm OS I seven eyes zero nose agenda is approved our open form tonight we have two speakers first Mr Butler hello um you guys got a pamput
that I dropped off that's a picture of the basement of our building at 309 Benson Avenue two weeks ago um we first brought brought brought this to your attention in February um
the city turned it over to insurance insurance denied so so we've contacted the city nothing's happened they blamed it on utilities utilities came over there fixed the pipe
they blamed it on our pipe we replaced our pipe this keeps happening Mr OS brought it in front of the city council on the agenda the mayor went off on a drainage issue from here to Grass Lake
or whatever um this is pressure pushing through a concrete wall and a concrete floor that's mud in the basement this thick that's it's not a drainage issue this is pressure everything in the city that's
done utilitywise maintenance wise is approved or signed off by somebody I know what the issue is it's been temporarily supposedly like fixed
it didn't fix it they they ran a freaking water pipe through a busted up sewer pipe that's been abandoned for how many years dug it up turned the pipe around buried it back over and assholed it they didn't fix anything plus it's e
illegal they're dumping storm water through a sewer I mean this is It's and nobody's given me any attention to this and it's been since February where I've talked to Miss Valiant many times I know other two other people in the
neighborhood whove brought videos videos not pictures videos to the city office building of water protruding through the road not in front of my building in front of other ones neighbors have been asking for help for
20 years guys 20 years this has been get an ongoing issue and now it's pushed through my wall and wrecked my building and no and everybody keeps passing the buck it's this person's fault it's this person's fault has nothing nothing to do
with insurance the city hires people to do the job hopefully their HR is better than their customer ser service but somebody's proved them to do what they've done and what they've done is
wrong it needs to be fixed I can't afford for to fix this my building's wrecked this is seven months it it's going to take an act of Congress to get this fixed before Frost so here I am going to
be another year out you know you know I mean this isn't how you do business if I ran my business like this I'd be out of business mistakes happen I get it just got to fix it it's that simple something's wrong it's got to be fixed
so I'm asking to please put some attention into this so we can get it fixed thank you thank you Jason um also speaking tonight Mr Riddler Joe Ridler good evening Cil thanks for letting me
speak um I have a few questions on us moving forward on this fiber business couple questions I have is how can the city take taxpayer dollar and start a business
I don't understand that so now we're taking a government and we're going over against private sector business most government businesses fail repeat that they fail and you're asking for millions of dollars not
thousands millions of dollars and when it fails it falls back on us the tax pay so earlier this year you guys said it only takes 9.4 million to put the cable in
our city the payback I think at that time was quoted 20 years a 20-year bond is not 9.4 million it's 16.6
million so I think you're lying to the public don't don't shake your head because we have to pay the full bill and the thing about this is we're not guaranteed anything we have a company that came into town and it's kind of to
me sounds like snake oil because they come into town they they present this big project up here at the council at this counter and nobody is saying no you're spending money when I was out getting signatures to save our
Park this was the number two issue with the residents in my neighborhood word two your War your war and if you go and talk to these people they're sick and tired of this extra spending you guys are fighting a budget you got a 2.5 deficit
right now you can't come up with it but you're willing to keep throwing money at this maybe business and to me I don't see businesses not coming to Wilmer I business is coming to Wilmer and why we
the taxpayer have to put the bill for internet there's companies out there if they want it they can pay for it fivr is out in the industrial park I worked for a company for many years when we moved out
there we put fiber in if people want fiber they can pay for it we the taxpayers should not have to pay the bill for this and if somebody wants to do gaming and different things like that these kids guess what folks pay the bill
this is not right to put this on the taxpayers burden please reconsider what we're doing no Town Halls no discussions you're not explaining how you're going to spend millions of dollars please
consider that thank you for letting me speak thank you Mr all right next on our agenda is a public hearing establishing a gas franchise as ordinance so I will call on Kyle box to lead that conversation and open the public hearing at this
time thank you mayor protab city council good evening tonight we've got two related actions uh regarding revolving around gas franchise ordinances the first action that you'll be looking at is to establish um a new gas franchise
ordinance which is um scheduled to replace the existing ordinance uh largely do because the existing ordinance had a timeline on it that 20 years has come and gone and now we are in a position where we have worked with centerp Point Energy to uh come up with
a ordinance that is in front of you uh to approve and what the what a gas franchise ordinance is is that it's a legal agreement between the municipality and and the utility company that grants the company the exclusive right to provide gas service within a specified
area city of Wilmer this agreement typically includes Provisions regarding service obligation rates infrastructure maintenance and fees paid to the local government which we'll get to uh next gas franchise often involve payment of franchise fees by the utility company to
local government these fees are typically based percentage or a flat rate of revenues derived from gas sales within the franchised area by granting a franchise the local government can regulate oversee the operations of the gas utility within its
jurisdiction this includes ensuring compliance with safety standards environmental regulations and service quality requirements Mr Mayor proam I will pause there if there are any further questions on the gas franchise ordinance MERS of
the public this is a public hearing are there any questions or comments that you would like to make at this time anyone from the public wishing to speak and I will close the public hearing and bring that to the council table council members questions
motions council member ferly mayor protim so I had asked at the last meeting this money is g to be going to the general one won't be designated for anything like our
rack eight system has a designated fund correct council member fley that'll be the next agenda item but I can address it now um we are proposing it just be designated for general fund however the council can
designate those funds how they wish but we would be proposing to designate them to general fund for offset or go towards General ly member Nelson before we have a motion um if I understand correctly this is
replacing a a franchise um that was you said 20 years old correct so so we need to replace this whether we did the second motion or not correct yeah that we Center Point would need this agreement
in place to continue to oper offer services in Wilmer um the second agreement The First Agreement needs to happen regardless whether or not the council wants to enter into a fee structure that would be an additional action but uh this would replace the
existing ordinance in its entirety I can make a motion to approve the ordinance establishing a gas franchise second we have a motion in a second further conversation on this topic roll
call Council Davis hi sches hi baggerly hi Osmos hi O'Brien hi o i and Nelson I seven eyes zero
nose right I believe we need a motion to publish by summary is that correct I move to publish the ordinance by summary roll call council member shes hi begly hi
osmus hi O'Brien hi May protm o hi Nelson I and Davis I seven eyes zero nose all right we now have a public hearing establishing a gas franchise fee
ordinance and I'll open that public hearing and again call on Kyle boxer director of operations thank you Council so as I was discussing this is the second action related to gas franchis
tonight this is a ordinance um establishing a gas franchise fee gas franchise fees provide municipalities with steady revenue streams that can be used to fund various public services and infrastructure projects without needing to the increase
without needing the increase uh to increase property taxes this financial support is essential for main maintaining and enhancing Municipal service services such as road maintenance emergency services and public amenities fees ensure that gas companies contribute to the cost
associated with their operations within the municipality this contribution helps the balance with the financial burden of maintaining and developing Municipal infrastructure furthermore it should be clearly stated that Centerpoint customers in Wilmer are likely to see an increase on their gas bill fees would be
determined by the customer class residential commercial industrial Etc and apply to those who are not subject to property taxes like nonprofits churches government buildings so we've taken some time to look at um the existing franchise fees
that Center Point has with uh their with other cities Centerpoint Hasan franchise B agreements ordinances with 55 other cities across Minnesota with populations ranging from 91,000 Bloomington to 1365
Winnebago I took some time to evaluate some of the rates on from low to High um again in your packet you can see what the city of Wilmer is proposing uh specifically on residential I want to take the opportunity to correct what I had said last time I had misdated on the
high end uh the highest end that we're seeing for residential is $7 with the lowest being 50 now take in mind too that when municipalities are setting these franchise these are typically 20 20 year agreements up to 25 year
agreements I believe uh so that the high end was set in 2016 U and then the low end was set in 2012 with a a very small City and they actually hit the low for every single category at 50 cents so take that with
consideration as we move into commercial a the high the high number that we see across those 55 cities is $12 commercial B the high number is 40 commercial C 180 small volume dual fuel a 258 small volume dual fuel B
34034 and large volume dual fuel 99162 and again the low on all of those is 50 a step further and wanted to uh take an opportunity to look at more comparable cities strictly solely based
on population out of those nine cities the populations range between 28,700 and 18,1 127 um across those the highs for residential services we see $6 moving down the list commercial a 750
commercial V 30 commercial C60 small volume a 258 small volume B 340 34 large volume 99162 with the lows averaging out to around 270 for
residential uh so really where where Wilmer at on residential is again $5 commercial a was $10 um commercial B for Wilmer proposed 17 commercial C 45 50 60 90 and so on so I know that's a
lot of numbers I'm throwing at you but what I'm trying to illustrate is that uh the proposed rates that we're showing in front of you are are compar are within our comparisons that uh that we did from information provided by Centerpoint and again this is public information to the
m Minnesota Public Utilities as well to see where those uh who those cities are where their populations their rates are um I will pause there um let me if there's any questions um if public has
any comments but again we're public hearing is to establish a gas gas franchise fee ordinance anyone hear from the public wishing to speak on this proposed ordinance yes believe our um practice here is to
list is there a sheet up there for your name and your address as you come up to speak name uh Joel rer 1912 20th Avenue again thanks for letting me speak um when you come up with a fee like this I have great concerns I've spoken up on all
these apartment complexes that are being put in our city because people can't afford homes how are those people if you decide to set a fee over 50 cents how are those people going to be
charged because I don't believe they're being charged what they should be to be using our city streets and everything like that I I I'm not seeing a breakdown you talk about um different
volumes of of using again if you could please clarify on on these apartment how they're going to be charged if you decide to put a fee because it's not
being set place thank you Council so the fee structure the way the fee is set it would be by meter so however the meter is set up on the apartment complex however they're paying I don't have specifics I mean there could be different scenarios where every unit
every unit might be metered or it's coming in U as the the building itself would be metered when residential uh when we talk about rate classes um there is a definition for how rates how your rate class is identified residential is
pretty straightforward those residential As you move into commercial a b c um and down the line it's it's determined on the number of therms you use per month so a commercial a business would be anything less than 1500 thms a month um
commercial B would be above 1,500 and under I don't under a certain amount and then so on and so forth so the way it's it's structured the more energy you use uh it puts could put you into a different class the higher rate you would pay if if that
clarifies the question so if I to understand that so your volume so is your volume equal or greater I mean you know for instance old we give him a break on water because he
use a higher volume so is the volume the same per whatever you want to call it uh gallon increment whatever but are they getting a break or not you're talking about different
volumes but per gallon per liter whatever you're basing this on is it example $1 for dollar or is it if you could please that's a great question uh it's the way we have proposed it to be set up
it is it's set up to be a flat fee um again it pro provides us with more consistent um budgeted revenues we can expect to come from each month from each bill there is another option that um was presented to us from Centerpoint is to
set up on a percentage basis um what we have been told and what we have found there's a little bit more um more subject to more influx so if you've got a a really cold year cold year you're using a lot of energy to heat your business your home that that fee could
go up um it might be more than $5 a month whereas you look at a winter like last winter maybe your energy usage was a little bit lower so it could be less than $5 a month specifically talking about residential in this example so we
elect to move away from the percentage based fees again for more cons just to have consistency um went with the it stuck with the flat fees that answers the question anyone else from the public
wishing to speak on this all right I'm going to close the public hearing and bring things back to the council council member Nelson thank you you um I just want to go back to the apartment complex or apartments for
example so the apartment has 36 units and they each have their own meters each meter will pay the $5 as a residential if if there is one
meter and um the owner pays or can he prate it or they can they prate it or um if the owner pays it they then could use that as a reason to
increase the rent correct but what I didn't understand is would it be number of units versus commercial a b or c or where would they fit into or would it be per residential unit I think there's a there's a couple of
questions in there I'll try my best to answer those um typically on some apartment complexes you might see all utilities included for example so that you're not having those individual meters for per apartment um depending on
the total overall usage of the in this case in this scenario the apartment complex that's the fee that would be set for that property so if it's a brings in within the rate class of a commercial sea industry um it would be
$45 a month flat or whatever that classification would fall under whether it gets charged or or distributed to the tenants of that building um I'm looking through here I don't believe that was that was not a I
don't believe there's anything that would stop the landlord um from passing that F on but that would I would whatever your lease agreement would say in this again in this specific scenario on how those
utilities are distributed how the member fly mayor BR so we have a couple of condo buildings in town heat is provided have one meter and it's a large meter okay so there's
maybe 16 or 18 units okay so how is that going to be similar to the example we just discussed I would have to imagine that it would be the one the meter charge would come off of the one meter and be
distributed or whatever the total usage of the building would be if it's not going to be strictly classified as a residential if it's a commercial unit condos um it might fall into another
category in most Department buildings don't they have electric Bas heat they could yes have some water heers that are yeah again I I don't have that specific data I just what the information that was provided to us from
centerp point was a total number of customers from the end of 2022 uh there was roughly I don't have the um close to 7,000 uh residential units um be 300 plus commercial a 300 plus commercial B
and that number dramatically reduces the lower or the higher volumes that we have that we see here in Wilmer council member show this thank you um and you may or may not have this so it's proposed for $650,000 right is that the the fee rough
again that's if to raise that 650 and Mr Odin this might be a better question for you how much would how much more than $5 per household would it be to raise $650,000 in in the city you know what I'm
asking if to get that $650,000 if we were going to raise taxes how much would the taxes increase would it be more than $5 a month more than $60 a year you know that's a good question um I I don't want to misspeak without hard
numbers but as Mr Box alluded to earlier this hits every meter instead of just the taxpaying meter or taxpayer um property taxpayer right so I could get you a better number I just don't want to uh do a quick off the cuff calculation to to the overall General
Levy that would be about three and a half% yeah is the 650,000 with our very rough numbers where we're again not individual properties other questions or comments we still do not have a motion either
council member Nelson thank you mayor Pim um you stated if we do this there's a certain amount of time that we can't change it or can we change it yes that's a great question council member uh so specifically in the gas franchise Fe
ordinance it is it is in here that it is on the last page letter L paragraph L periodic review the city council shall review this ordinance every two years in whatever manner the the administrator then determines to be appropriate
including but not limited to review by the city council and either a work session or a regular session failure to review this ordinance shall not in any way invalidate invalidate or limit it so that is specifically called out on paragraph
L the overall Master agreement or the called the the gas franchise agreement would be good for 20 years so this would be a supplement agreement to that I'll make a motion that we approve the gas
franchise second motion and a second further conversations council member ferly mayor Pro I mean we've talked about this for years and we never did anything because the
Municipal Utilities at the hot water SE sure they removed that I don't know what three four years ago more people are out gas be more fair
fair have now but I would prefer to designate it for the streets just like we have TV egg funds yes yeah so it doesn't get lost we would get it and we just throw it into
the okay I can make that as an amendment there a second to that motion amending the original motion second Motion in a second further conversation on the amendment to dedicate the
franchise fees to Street go ahead council member Nelson I'm concerned about that one I think we're gonna have a hard time balancing our budget this year um I think this was a way that you were looking at for us
not to have to hopefully not have to raise taxes if we designate this towards the streets um we're going to be be looking for other Revenue to balance our budget which we probably will anyway but
that's is a a significant amount um I think I will vote no no on that because we haven't seen where we're at yet on our budget I think that was one of the concerns that we had that we were talking about this before that I'd
rather see us table this motion um than to make a decision on how we're going to spend the money until we have a look at our budget go ahead if I can add council um
I appreciate that insight and input council member Nelson uh council member Figley I do appreciate that as well and I think there will be an opportunity for the council to make that decision on where these funds could live long term um right now we're not necessarily
recommending all funds to go towards Street Improvement projects but as the council looks at the overall budget has a better grasp on what 2025 looks like and maybe into 2026 that could then be the time to designate x amount of funds or or
however the council sees fit specifically coming from gas franchise fees just by input council member sh is it a followup or not council member sh this that maybe answered my
question is if are we locked in can we change this from year to year where the money would go need time so if if we need six or whatever it would be toward streets we can do that or if we need it we can move it year to year it's completely up to the council to make that
determination council member Nelson thank you mayor P so again just thinking we can approve these amounts but not approve where the money goes to correct your recommendation is that it goes to the general budget but that's
not part of is it part of what we're talking about not specific was Amendment to the motion no but is it part of what you were re you were recommending that it be used in the general budget but that's not part of what our motion
what's establishing the fee correct correct or is it no the there is not a designated fund tonight's uh recommended action to where those funds would live uh was simply implying uh that we would at this time prefer them to go to to
general fund however it's going to be several months until we would start collecting those fees anyways um we would have the council would have plenty of time to evaluate and make that decision at a later date but simply
approving the ordinance tonight would not lock the council in to where those funds would live permanently one way or the other and that dis discretion is ultimately up to the council I just I just feel like since we haven't seen the budget yet I think it would be foolish
for us to try to control where where this is going to go until we have an opportunity to figure out what we're dealing with this next year council member fa thank you Mr Mayor Pro when does this start great question
in the ordinance paragraph C uh franchise fee is here uh if passed by the council is here hereby imposed on the company commencing October 1st 2024 the billing month I was when it would start but this is also subject to a 90-day review from
Minnesota Public Utilities so it doesn't matter for this year's uh budget not for 24 no well I should back up we could start seeing collection late 2024 but um again between now August 5th
and December first meeting in December when the council will be setting its budget there is there will be opportunity for you to look at the overall budget for 2025 and make that final determination on where those funds would
live member okay so first we have to vote on the amendment correct okay any other conversation on the amendment then I will call for the role and this is voting on the amendment to
to the motion dedicating the gas franchise fee for streets council member ferly hi osmus no O'Brien hi o
no Nelson no Davis no and shes no all right five nose two eyes uh Amendment fails and we're back to the original motion establishing a gas
franchise fee ordinance further conversation all right I'll call for the role on the motion to approve the gas franchise fee ordinance council member osmus I
O'Brien I mayor protm OS I Nelson hi Davis I sches hi and fagly I seven eyes zero nose looking for a motion approving
publication by summary second roll call council member osmus hi Brian o hi Nelson hi Davis Hi shes Hi
and ferly hi seven eyes zero nose next on our agenda moving into regular business we have a presentation from Bradley Peterson the Coalition of Greater Minnesota cities very good um thank you everyone uh Mr Mayor proam and Council uh again my name
is Bradley Peterson I'm with the firm of flarity in Hood uh here to uh give an update from the Coalition of Greater Minnesota cities um just by way of reminder as you know uh the cgmc represents more than a 100 cities working together across Greater Minnesota outside of the S County Metro
area on issues related to local government Aid and property taxes Economic Development energy and environment Transportation annexation and land use and labor and employment uh and we try to get out and visit as many of our cities as we can in the interim and uh talk a little bit about the
legislative session past give you an opportunity to ask questions and raise uh issues pertinent to the city and then talk a little bit about what we see in the future so I'm going to very much just kind of Hit the highlights here of this last session um it was uh very
hectic and very uh jam-packed full of stuff and if there is stuff that you uh want to ask about um please feel free uh if I don't touch on it so going into the 2024 legislative session uh there was a modest November forecast uh that showed
a modest Surplus um but that would mean very little cash uh spending uh this last year although they did have some another Dynamic that uh folks were looking at as they went into the session was essentially kind of a H over from 2023 um and I was reminded by uh council
member Nelson when I got here that when I was here last year uh we were talking about the SRO issue and representative Baker was here and and the chief spoke um and so there was a lot just from last year that got put out there that uh either needed to be fixed uh during the
24 session or or needed uh additional work or didn't get done last year so things like there was a fix uh to the tax bill that had to happen the SRO piece up to the Cannabis law and then um The Uber lift uh situation which I'll talk about a little bit here um later as
it relates to the bonding Bill and why that didn't happen um and so coming into uh the session cgmc has had a fairly short list of priorities uh it was um a bonding bill
um uh EMS and pump the brakes on new policies and mandates uh cities got a lot put on them during the 2023 session there was a lot being worked through state agencies had a lot to work through and so didn't necessarily need a new uh a lot of new policies or mandates on the
MS side um we were asking for $120 million for one-time aid for struggling rural ambulance service providers and then the bonding bill um was uh just kind of our typical asks related to things related to the public facilities Authority uh Business Development public
infrastructure grant program obviously local infrastructure projects that uh folks are advocating for across the state and then uh more work on the leadline inventory replacement which we started um last year um I'm going to talk a little bit about EMS but I'm
going to do so um fairly quickly since you don't operate or run your own uh EMS system but I do want to talk a little bit about why um we got so involved in the issue um you can see on the left side there um this was Data collected from the Emergency Medical Services
regulatory board the emsrb um and if you add up at least for those who responded about 93% of uh uh folks who who provide service if you add up all the operational expenses the recorded annual Capital expenses the um
subsidy that's essentially being paid um provided by volunteer labor what you saw was about $122 million deficit uh for 2022 um largely due because uh reimbursements for Medicare and Medicaid
private insurance do not cover the cost of of these services and the reason cgmc got involved was because 33 of our members uh in one way or another either own or run or are part of a joint Powers group that provides ambulance services
and across the state as you can see in the right hand pie chart there about 55% of the ambulance licenses in the state are owned uh by local governments um and so um whether or not you operate your own one yourself you're certainly
covered uh uh by somebody who does uh in your case it's centri care and so we uh introduced legislation um to uh create this a program kind of a onetime Band-Aid really to uh uh create space
for additional conversation about how do we uh uh beef up these services and make sure that they can operate um because of course in addition to the uh Financial stress they got Workforce issues they' got equipment in some cases you've got
uh an ambulance service that's covering 6 700 square miles uh of territory um and so throughout the state it really was um a pretty uh dire situation um fast forward to the end after a lot of toing and throwing and the typical
legislative stuff um we were successful in getting 24 million for uh payments directly to providers in rural Minnesota um and that actually includes um centri care for their portion that they um provide service to Wilmer they got a little bit of money and recognition of
that to use on EMS related activities and then there was $6 million put together for a um pilot program in Three Counties that um they'll collect data on in terms of of other uh call it U models
for service um so still below uh what we were asking for but we went from you know zero in this issue not being on anybody's radar to um having a pretty robust discussion at the legislature getting $24 million uh for the struggling Services um and setting the
stage for next year because I do think that there will be uh quite a bit of additional discussion about long-term Solutions other funding mechanisms um that kind of thing and I think the cgmc right now is really trying to determine how we continue to stay involved we'll be involved at some level um but what
level and what that looks like um is an ongoing discussion with our board and our our members uh bonding bill was kind of the other big thing that the legislature uh was supposed to accomplish uh this last session uh it was a traditional year forur bonding bill um of course they did
a very large capital investment package last year but that's because they had missed a year before so this would have kind of gotten them back on their traditional uh schedule um it does remain uh in our Trifecta um scenario of government here the really one of the
few meaningful places where my minority party of the Republicans can have some influence in the process uh the state uh had a debt capacity of almost a billion dollars uh for General obligation uh uh bonds after the February uh forecast uh the governor came out with his proposal
in January which he has to do by law um and you know had just over $800 million in general obligation spending about $170 million from other sources that included cash and some other um bonding uh uh tools um it was heavily focused on
state assets um with very little um left over for local projects um I think with the idea that um the legislature would sort of put their stamp on that that piece of it um our asks what we were advocating for again kind of the typical
things um about $300 million for uh the public facilities Authority for water and wastewater projects uh leadline replacement about $180 million uh this new child care facilities Grant program that was created by the legislature last year um
uh we're looking to get some more money into that a new housing infrastructure uh public infrastructure program that helps pay for the public infrastructure uh related to Housing Development uh and then the uh bdp program which is used for uh expanding or um uh bringing new
business to uh to town um and then we were looking at some policy related to some of the Caps related to the points or implementation grant program and the water infrastructure fund those caps should be increased from time to time obviously inflation is um making these
projects cost more and more and more and so this would increase the amount of of State uh help that could be put to uh a lot of these projects of course we know that didn't happen um and so why did the bonding Bill fail well there's I think a whole
multiplicity of reasons um uh starting with the arrest of Senator Mitchell uh from Woodbury uh on charges of burglary um that really kind of threw the legislature into a spin at the beginning April um and it kind of gummed up the works in the Senate because of course
the Senate uh has a 34 member uh dfl majority compared to a 33 member GOP minority and so one seat one vote obviously makes a whole bunch of difference in terms of what can be accomplished um and so as you would
expect you had um the GOP looking for ways to to um uh negate her vote because of her legal situation and the Democrats arguing that there's a legal process that needs to go forward and that's ended up what they
ended up doing was just kind of plowed through and stuck with their 34 33 majority and and took the votes that they felt like they needed to but it really did kind of um uh gum up the works and the atmosphere in in the state sen um it was actually pretty remarkable to watch um for you know about about a
week that was kind of all anybody talked about um and then uh for the rest of session that was maybe a third of what everybody talked about this still a part of the discussion uh quirks of the legislative calendar in April uh the legislature was actually on break quite a bit they were on break for a couple of
days around Easter they were on break for a couple of days around Passover and they were on break uh for a couple of days around the Muslim holiday of Eid um so they didn't work a full week uh during April um as it was um again last year bonding bill they did a lot last
year I think it took the pressure off of them uh to do something this year if they didn't quite get around to it they could point to the record setting bill that they did last year and say well we did a bunch last year and then other priorities at the end of session sort of took uh precedence there was a
discussion about adding an equal rights amendment to the Minnesota state constitution uh discussions around gun control legislation and then this Uber lift issue um that was in the wake of uh actions by Minneapolis that was going to potentially um cause these companies to
pull out of Minnesota entirely um that would have been um I think a very disruptive um thing for for uh the state's economy tourism Etc um and so they spent a lot of lot of lot of time the last weekend of session on that issue and so all of those things taken
together kind of took the oxygen out of the room for passing to any kind of bonding bill I want to talk a little bit about housing and Zoning this is something that we spent more time on than I would have um anticipated um and involved um a lot of
policy discussion so last year the legislature put over a billion dollars into housing this year they came with a number of um policy um items that would have basically uh attempted to create more housing by increasing density
address climate change issues through land use um and then address historical race based zoning practices um that um were discriminatory in in many parts of the Metro especially so the bills themselves were a little bit of a moving Target but the basis basically was that
the cities would have been required to allow or accept um uh upzoning on uh land zone for single family so let's say you had um uh a single family area um somebody who owned property there
decided I wanted to put up a fourplex knock down the existing structure put up a fourplex put in two driveways there would have been really nothing that you as a city council would have had any input into that um the neighbors would not have had any input into that um and
it would have been just something that you would have had to accept regardless of whether or not the infrastructure was there to support it whether it was made sense from a safety and health perspective and so um we worked very uh closely with the other Municipal groups League of Minnesota cities the Metro
cities uh organization um to push back on on these ideas um um with the idea that if they are are good ideas these are things that cities can already do uh if you want um and that there are um local contexts that need to be taken
into consideration um and that a one- siiz fits-all approach doesn't really cut it um so we basically kind of wrestled that uh those sets of proposals uh to withdraw um I think that uh we will see
those bills or some version of of those bills come back my hope is that on the front end of the discussion there can be more engagement with the local government groups than there was um last session last session a whole bunch of these advocacy groups and uh their
Allied legislators got together created these bills and basically said it's the city's fault it's the cities are the reason that we don't have more housing um and that was a very adversarial um uh take on things and so our hope is that
to the extent that we can all work together to solve our housing problems there can be uh more collaboration at the legislature um and so I think that that is something that we will be seeing just want to touch on a couple of other things here as I round out that we did
spend some time on and that I know cities are interested in one local sales tax Authority as you know uh the house and the senate in the 2023 tax bill put a moratorium on passage of uh new local sales taxes said nope you can't come to into the legislature at all to even
discuss them um in the meantime established a working group through the Department of Revenue um that group met and came uh up with some recommendations for the legislature that would have allowed cities in certain cases to um uh
pass a local sales tax for certain items uh without going to the legislature uh first ask permission that you would come up with here's what we want to do we go to the voters for a referendum and that would have been for certain types of of projects and under other certain
conditions now the house and the Senate bills were very different um and so they were unable to come together on any kind of um uh uh agreement on what that should look like and so nothing was passed this last year
related to local sales taxes and um that's moratorium goes until uh after the session closes this year so I anticipate all I know there will be more discussion about that issue this year um the tax chairs have already been convening uh groups of of local uh local
government Advocates uh to discuss these we've been participating in them so hopefully we can get something done there uh Tiff and prevailing wage there was a proposal that would have required uh prevailing wage requirements to be attached to any Tiff project that a city
did related to housing um this language was dropped in in conference committee um but I think the topic will um likely come back for for more more discussion and we've actually been in conversation with the construction unions about this because there's been a lot of concern on the part of our members in terms of
increasing the cost uh of housing um the last one I want to touch on is the bonding Bill replacement fund um this language would have required local governments anytime you got money from the state for anything especially through the bonding Bill to at the same
time create a replacement fund uh for uh the amount that you got from the state in terms of Grant which of course is a little bit contradictory because cities are going to the state asking for money because they don't have the money in the first place um and so because there was
no bonding bill um this piece again did not pass but again I think could resurface in the future depending on on the makeup of the legislature here going forward uh looking ahead uh we've got an election uh as everyone knows every
house seat uh is up for uh re-election all 100 34 uh members um there's lots of members retiring I think it's about 23 um house members are retiring there's going to be at least one special session uh in the Senate which will uh determine
control of the Senate that's for seat out in West uh Western hennipen County um for um a woman who is vacating her senate seat to run for the third congressional district um we of course got president US House flar seat um and
then the uh legislature convenes again um after all that uh here January 14th 2025 so leading into that and one of the things I'm spending a lot of my time here on the next couple of weeks as we do a candidate packet uh for legislative candidates um once we find out after the
primary who's going to be on the November ballot they'll each get a packet that goes through all of our issues LGA why is it important why do we need to keep funding it what are the unique challenges related to childcare in Greater Minnesota why is the housing challenge in Greater Minnesota different than it is in the Metro also the
transportation projects uh programs work things like that that is just a base level of information to really establish us as as uh goto knowledgeable uh folks um and to give them a little bit of a head start as they get into the uh legislature finally upcoming events
we've got our fall conference coming up in November um that's where we'll debrief the election and then uh really dig into our um uh legislative policies for the next session we've got our legislative action day uh February 12th so about a month after session uh starts
down in St Paul uh where we'll do some uh lobbying and advocating and then we've got our Summer Conference uh here in July uh up in bich uh this next year so lots going on um I think you know next year no matter what happens at the legislature uh with the elections there will be a lot of activities it'll be a
budget year so obviously we'll be doing a lot of work around local government Aid and some of the funding programs that our cities rely on and hopefully uh re-engage on this disc discussion about a bonding bill which they definitely definitely need to do that I'm happy to
uh take any questions or or comments council member O'Brian well I got a loaded question for you great what's happened to our system I can remember years ago we would go up and sit down and they would work together whether they're democrat or
republican which was best for the people it's an ego trip that's what it is and it's so disgusting I watched what you were talking about I couldn't believe what was going on I mean you were there but I mean I watched
it I just absolutely just shook my head and go I can't believe that we're this system is ours yeah well in terms of what's what's happened I mean you know there's any number of theories um I think there's there's some uh you know you can look at
just kind of what happened what's happened nationally and has kind of filtered filtered down um I think it's it it what it does is it it reinforces um the importance of um the work of groups like cgmc to stay in front of
them to keep Hing them to keep bringing them ideas um because you know once you're there on the inside what you find out is you know it there are people willing to engage and think through problems roll up their sleeves um and
but getting to that point and and getting to where you're getting then those Solutions actually enacted into law it's it's harder than I mean it should be hard right I mean we're talking about in many cases millions of dollars and and all sorts of things but it's um uh it's it's gotten much more
contentious and much more difficult in my 17 years or so of doing this in your 17 years I can tell you I got little further back than I used to do some things at legislation it was not that way we sit
down and discussed things it was it was a different different situation yeah yeah well I think just you know conference committees they used to have real conference committees with the house and the Senate would sit across from each other and exchange ideas exchange offers talk about what was different about their approaches on things and then come up with a solution
now it's all done in a a back room for the most part yeah thank you for your work thank you can you speak a little bit about just you know EMS I know that it's not something that we operate as a city but I mean it seems like a real
concern and I mean you asked for 120 million you said you got 20 what's next yeah well I think that you know so it is an issue and um you know if you sit through a presentation with the um
executive director of the emsrb um they've got just scary statistics in terms of the number of people who are exiting profession um the number of people who are not renewing their uh license to be an em um because
it it's it's uh not well compensated it's disruptive to those volunteers lives right the Beeper goes off and whatever they're doing they're out the door um and then you also have situations like I mentioned where you've got you know City of Virginia is kind of the example that that I use where you
know they operate the uh Ambulance Service uh in a service territory of U almost 700 square miles uh but to the extent that there is a shortfall it falls on the city of Virginia the other folks in the counties that they are
working in or the townships or the other cities that they cover are not necessarily compelled to uh contribute uh when there's a shortfall and so it's not really a sustainable uh system in that way um and so um you know there have been situations where there have been small
towns that have wanted to sell give away their license and get out of the EMS business and they found no takers um so they're compelled to continue to provide the service um which they you know they want to have the service they it's a source of Pride for for a lot of communities um but it's also u a great a
great burden and so I think next year as we look at um some of these things I think it it really does come down to their needs to be some kind of dedicated Revenue Source um for EMS um and still still kicking around what that might
look like um but you're right the you know uh 24 million compared to the 120 million is you know not uh doesn't go a long ways but it it's more than anybody was getting two years ago that's for sure thank you Council M Nelson thank
you thank you for being here but um I was just going to comment on EMS also Eric Simonson has done a wonderful job I think with the Coalition and his knowledge but we had that gentleman that spoke at the Summer Conference two weeks last week orever it
was um I know that that restructure was going on and that he has he been appointed or when will that take place and his knowledge was amazing and it was very um he did a very good job of of explaining and talking with that so I
was just curious if he's still at the table with that yeah so uh councilman rson is referencing fellow by the name of Dylan Ferguson who's the current director of the uh emsrb the statute or the the law that included the money that is going out as
emergency aid also had some changes to the regulatory board essentially making it more of a state agency than an independent board um and so they have to appoint a director uh they have not yet I sure I mean I I like Dylan I think he's done a a tremendous job in the very short time that he's been in Minnesota
he came to us from Pennsylvania um after very negative report from the office of legislative auditor on the previous uh emsrb uh head and kind of how that office operated under him um so yeah Mr Ferguson's a great asset to the state
and hopefully he'll be one of the people considered thank you all right thank you so much for being here tonight do appreciate all the work you do for us in many cities in St Paul and for making the trip out to Wilmer and giving us an update thank you absolutely thank you so much and good luck with the rest of your meeting you
want to stick around I've got the agenda next on that agenda we're moving into a master agreement for Professional Services our municipal airport Eric our report manager good evening Mr Mayor protim uh
council members thank you for giving me a minute here this is uh coming back again we talked a month or so ago uh after the selection process this is the actual Master agreement uh pretty standard uh boilerplate uh items there
kind of governed by the FAA for our federal projects keep in mind that these uh the compensation or the the total of this package will really depend upon how many projects we uh successfully are able to get funded by both the FAA and
the state of Minnesota so I don't have exact dollar amounts there but it's the general agreement these engineering costs are are built into the project as we do them and so they're subject to depending on the project 90% Federal uh
10% local sometimes 90 Federal five State and 5% local just again depending upon the projects so with that I would stand for any questions show this uh Eric is two weeks ago whenever
was when we took that tour of the airport I uh that was an eye opener for me it really was um and I encourage every one of us to go out there and and see why so much of this stuff needs to be done
um so it it uh I know that Mr ringan would be very happy to take any or all of us around again and show us what's going on out there but it uh these are things that really they Necessities out there and as as the city grows and the airport
becomes more busy it's just going to get worse so thank you councilman bolds and that is an open invitation I uh I've got a Suburban we loaded it up with people and I haven't cleaned all the grass off the bottom of it from the last one but happy to take you around and uh I'm
always a game for a uh an audience that can't leave you know when we get way out onto the acreage of the airport you're kind of stuck with me till we get back so uh I I did appreciate that opportunity to take the airport commission around the airport and just so show some of the things
uh keep in mind we're coming up on 20 years 2006 is when that airport opened up and so it it's uh it's like a lot of things that go through our lives we keep referring to it as the new airport but it's not so much the new airport anymore
it's just the airport so uh we we are a need to keep working on these projects so yep is there a motion that someone would like to offer I'll make a motion to approve the master agreement for Professional
Services for the LA municipal airport second motion and a second further conversation roll call council member osmus hi O'Brien hi mayor Pro o i council member Nelson hi
Davis I sh Hi and fagly hi seven eyes zero nose motion is approved thank you thank you Jared our city engineer Cooperative construction agreement good evening mayor protm council in closing your
packets this evening is the Cooperative construction agreement between the city of Wilmer and candyi County for the Wilmer Avenue improvements which are currently under construction uh the agreement outlines the costs associated with the city City participation which
consists primarily of concrete items and uh catch Bas and casting Replacements as well as a new Loop detector that was installed at the intersection with Lakeland Drive uh the estimated cost of the agreement and that's based on the bidding bid prices the ultimate
agreement cost will be determined uh based on the the quantities installed as part of the project but the estimate provided by the county is $162,800 staff has reviewed the agreement and we recommend its adoption council members comments
motions questions move to approve second Motion in a second further conversation roll call council member O'Brien hi mayor prent o hi council member Nelson hi
Davis I shes hi baggerly IUS I seven eyes zero nose thanks thank you Mr Box you're back with us for the fiber use agreement between Wilmer and Hometown
fiber thank you Council give me one moment to he us SC all right good evening again count mayor proam council um first I'd like to to open this up by addressing some
information that was being shared within our community today um several members of the community maybe you yourselves received some targeted ad ads um regarding this project and while concerns about the financial implications of a municipal
Broadband projects are valid the assertion that building a city-owned internet Network would waste millions and inflate property tax increases dramatically misrepresents and oversimplifies the issue and overlooks several important
factors I want to talk about uh really just a few different areas here um we look at the long-term economic benefits throughout this project investing in a municipal Broadband Network can yield significant long-ter economic benefits that outweigh the initial cost
high-speed internet access can attract businesses improve property values and stimulate local growth over time these benefits can generate substantial Returns on the initial investment potentially offsetting The Upfront expenditure two the improved service
quality and competition Municipal Broadband Network can provide residents with highquality reliable internet service that may not be available through private providers by establishing a local network the city can ensure better service standards and
more competitive pricing addressing gaps in the current market and enhancing the overall customer experience and satisfaction we're also addressing digital divide Equitable access on a Broadband this Broadband project often
targets underserved areas private providers have been reluctant to invest by by providing high-speed internet to those areas the city can help bridge the digital divide ensuring that all residents have access to essential online resources and
services the potential for cost savings while the initial investment may seem substantial a well-managed Broadband network has the potential to reduce long-term costs for residents by keeping the network under public ownership the city can avoid profit-driven price
increases and ensure that revenues are reinvested into maintaining expanding the service rather than rather than being siphoned off by private companies fiscal responsibility and planning the city council would be responsible for thorough planning and
fiscal oversight to mitigate risks associated with this project this includes conducting comprehensive Fe feasibility studies securing necessary funding and implementing effective project management practices such measures can help ensure
that the investment is sound and that taxpayer money is used efficiently comparative examples numerous municipalities across the country have successfully implemented Broadband networks demonstrating that projects can be managed effectively and
provide substantial benefits to local communities these examples highlight that with proper planning execution Municipal Broadband can be a valuable asset rather than a financial burden and lastly this is to be a
community project Community Support will be one of many important factors in how the city council will move forward with this project while concerns about the cost of a municipal Broadband Network are important it is essential to consider the potential long-term benefits and the
positive impact on service quality and economic development i' would like to now move into a project overview um again summarizing for the council and for those that are in the audience or watching The Connect Wilmer
initiative is is designed to help secures Wilmer Wilmer internet future by enhancing its infrastructure Wilbur has long been known for its leadership and agriculture technology and Industry the city continues to build
on this Legacy with Forward Thinking projects like connect Wilmer fast reliable and affordable internet service has become crucial for personal and professional growth recognizing this necessity Wilmer officials you the city council and City staff have taken
proactive steps to ensure the community has access to high quality internet service it deserves and and that it is offered at reasonable prices in today's world fast reliable and affordable internet is no longer a luxury it's a necessity touches every
part of our lives from how we work how we learn how we connect how we Prosper without it we we we risk being left behind and losing the Legacy our community has
built in the fall of 2022 the city put out three requests for proposals three uh public received three requests for proposals this was a public document that any company any provider any internet Service Company could have
submitted again we received three each of the proposals varied and offered more than the initial ask of bringing fiber to the industrial park the standout proposal to the Broadband committee was from Hometown fiber their proposal suggested not only bringing
fiber to the industrial park but to every resident and business in Wilmer this proposal was received when Broadband Broadband projects were happening all throughout the county and struck Accord with members of the committee seeing the need for access to fiber and Wilmer the committee stopped more data
before bringing a vetted recommendation to the council in 2022 the city council approved a mapping project with Hometown fiber to take inventory uh of all the each parcel in Wilmer this was shared with the council
back in January I believe of this year but again this is late 2022 data some of this may have changed in fact we know some of this has changed particularly the two red Parcels that our city owned um those have been remediated and now
are receiving Internet service through other means as we look at the overall a large majority of Wilmer is covered in the yellow this is current this means according to this map is currently meeting the demands expected to maintain
that demand for the next three to five years the services that are being provided on those Parcels colored in yellow are over coax cable the green there is 14 Parcels on this map uh that is being Services being provided through Pon fiber I know
someone will correct me in the room if I'm wrong but on fiber is fiber brought to the corner and coax cable brought to the building that sound about right is just split split from split multiple times okay and then the blue Parcels
you'll see on the map here um are 23 Parcels are receiving fiber internet and we'll continue to meet that demand for the forese able future 20 30 plus years a lot of those instit a lot of those buildings are state city government uh
governmental institutions as well as some um big box stores of the south side of town as well as some parcels the um in the industrial park so as we move through um we move
through the project Evolution uh the first half of 2023 the city council approved and looked at several different agreements um through the Broadband committee's recommendation approving Hometown fiber approving their proposal and assigning them approving a
Professional Services agreement as our Broadband consultant and techn Technical representative Laura Lewis Council has met with is representing lrb public financial advisers Gilmore Bell out of Salt Lake City Utah and also entering
into consulting services with CEO Utopia which is Utah's Open Access fiber Network so this team was assembled because the how the project was EV was evolving at this time and with the idea of constructing an Open Access fiber
Network so what is open access an open access network is designed is designed to allow multiple internet service providers isps to use the same physical Network infrastructure often owned by a neutral party in this
case the city of Wilmer the physical Network infrastructure ownership the physical n network infrastructure uh which would be Fiber Optic Cables other equipment to run the network is owned again in this case by the city of Wilmer
the owner the city is not involved in providing internet services directly to end users the Open Access model the infrastructure owner offers access to this network and an open non-discriminatory basis this means that
various isps or network operators can lease access to the network to provide services to customers Service Pro providers different isps connect to the Open Access Network and offer their own Services they they handle customer
acquisition billing support while the underlying Network infrastructure Remains the Same competitive market because multiple isps can use the same network there is greater competition in the market this can lead to better service options lower
prices and more Innovation as different providers strive to attract and retain customers lastly regulation of fair access the Open Access model often involves regulatory oversight which is what we'll be looking at next to ensure
that the access is provided fairly and equitably the goal is to prevent monopolistic practices and to ensure that no single provider can dominate the network infrastructure so in essence the Open Access Network separates the physical infrastructure from the services being provided fostering
competition potentially improving choices and prices for consumers again just more continued actions that that have been happening that will be happening or that have happened as community outreach uh we've had the opportunity as a Broadband
committee to attend a handful of community outreach events including lmer Fest and rock and Robbins uh these events have been very well attended uh very well received uh from my point of view I have not interacted with anybody at any of these events saying that this
is a bad idea uh it's always I want to know more I can't believe it's about time competition is brought to Wilmer um we see the need for fiber infrastructure and even talking with residents on how they can prosper and increase their work from home status or for their
business contract agreements we get to that next Network design that was Phase One Network design was approved uh by the city council last year and that was um that has been 99% completed by
Hometown fiber construction documents City will be looking at the following action item for a Professional Services agreement with Bolton and mink for the civil engineering and then financing which we'll talk about
next sorry got two screens going on here so I just want to do a high level discussion on financing we're not talking about financing any projects tonight that's not that is not tonight's ask that will come at a later
date however the city is looking at how the city would Finance this project is through General obligation tax abatement bonds the total project estimate at this time is $25 million and we'll be doing this phased approaches I want to stress that phased approaches and what does
that mean the city has been divided into three sectors if you will um each phase being done in a different construction cycle this is our attempt to mitigate risk if there's one section of the network or one section of the project that that doesn't take off or it it
doesn't work we're not going to be um for lack of a better term on the hook for $25 million believe n rough $9 million number was referenced earlier at the open Forum the $9 million number was the estimate for phase one of this
project and then repayment of the bonds uh the way that we have structured this agreement or structured this project is to not have to use or in the last case scenario to use taxpayer dollars to pay for this
project when the the way that we intend to pay for this project to pay for the bonds is to use Revenue coming in from the subscribers The End users that would sign up for this for this governmental program that is the way that this project would be financed how those
bonds would be paid now in the event that revenues fall short absolutely the city council um would be uh is obligated to make those General obligation payments um and other another means I.E raising the
levy okay I will pause there and switch screens once first I'll ask are there any questions on what I discuss there otherwise we'll move right into the operations agreement council members you have questions you can take us into the
operations okay okay city council tonight uh we're asking for a resolution authorizing the fiber use agreement between the city of Wilmer and Hometown fiber the city of Wilmer has drafted a fiber use agreement for the use and management
of city-owned fiber infrastructure U this goes with with without saying that this is a complex agreement and has warranted a thorough review from City staff Hometown fiber our legal council Bond Council and Municipal financial advisors the goal of this agreement is
to state that the city of Wilmer desires to construct and maintain a fiber optic Communications Network to serve the residents and businesses of Wilmer and that the the city of wmer further desires a manager Hometown fiber to operate the city Network on its
behalf let's get into it so I'm going to start if you would like to follow along you're more than welcome to so it is page two of the agreement uh within the within the recital again reiterating what I just mentioned uh the city now desires to
cause to be constructed and maintained in open access advanced f optic Communications Network to serve the residents of the city through the undertaking of the improvements contemplated um in a desires further that the manager of the oper of manager
operate the c network on its behalf moving to page three the city will will at all times own the city Network in its entirety and provide the manager and the approved isps subject to an ISP provider agreement with access to and use the city Network only as
necessary to operate and manage the city Network for the benefit of the public on the city's behalf and as um within this contract the parties this this is key and I think this will be a good talking point for later the parties understand that they are entering into this
contract for operations of the city Network prior to the city's final determination regarding the feasibility of the construction of the city Network the city's determination regarding the funding of such City Network and the actual construction of the city Network and have included Provisions to account
for these future uncertainties in this contract moving to page four under 1.8 the consultant agreement um this is a reference to a previous agreement that we had talked about um that we had entered into Consulting Services
agreement on October 2023 which addresses other services provided by the manager uh to the city related to the planning for engineering uh the network AR architecture and so on definition for page five is the
definition under 1.16 the governmental program that is what this program is called or will be how it's referred to in this document uh essentially means the city's establishment of an Open Access high-speed fiber optic Broadband
infrastructure Network for use by the residents and businesses primarily located in the city and its end users through end user contracts with isps as supported by day-to-day operations management maintenance and use of the city Network by the manager for the
benefit of the public quickly more more on definitions again internet service providers means private companies with which end users May contract to receive internet access across Services through the
city let's see moving to page seven uh one .31 operational date the definition means the date to be established by the agreement of the parties and will be uh the earlier of the date that the first
user of the network is activated or no later than January 1st 2029 moving to page nine uh SE starting with Section 2.2 the term of this contract shall be effective um for a per will shall be the agreed upon
or commence upon the effective date of this agreement and continue for a period of five years beginning on the operational date and ending on the expiration date there is also renewal language in here that the contract may be renewed for up to three successive fiveyear
terms that's a 2.3 moving to 2.4 and I think this is a good paragraph to read in its entirety um simply because it uh I think it addresses some of the the understandings that the city May is entering into this agreement but
has opportunities to evaluate to make that final determination on the project at later dates so notwithstanding any provisions Provisions to the contrary contained in this contract the above initial term or any renewal term or extensions thereof shall be for a period
terminating upon the date of a either the expiration date B the manager's failure to carry out the governmental program through its management and operation of the city Network for the benefit of the residents of the city pursuant to this contract C termination of the governmental program or change in
the governmental program that no longer allows the city to own the city Network and or operate the governmental program or D the city's sale of the city Network to a third party as Allowed by law this is the important part notwithstanding anything to the contrary herein the city
May terminate this contract at any time prior to the operational date if it determines in its sole discretion that the city Network or the financing of therefore thereof is not feasible provided however that after providing written notice it's intent to terminate
this contract for in terminate this contract to the city Network or financing thereof the city shall meet with the manager to to negotiate the terms in order to explore whether they may mutually agree upon any amendments and that process is greatly
is greater described in 144 so in in summary uh there is there is options for the city council if we determine that this project is not feasible uh financially feasible to to
move forward with this contract that language is built in there or with the governmental program obviously this is thinking worst case scenario we want we would obviously like to see this this project move forward um but we need to make that determination to make sure it's feasible at that time
and provide you the council with that information okay so moving on to page 10 under 3.4 paragraph B this is the city's reserved rights at any time during the manager's use of the city Network the city may take any and all measures necessary or
desirable for the Operation Safety and protection or preservation of the city Network including emergency repairs alterations additions or improvements the city May exercise any or all of the forgoing rights without being deemed guilty of distrib disturbing the manager's use and without being liable
in any manner to the manager or its agents and without affecting the manager's obligations here under so essentially we want to make sure that we have the opportunity to step in at any point where we feel the city absolutely needs to now there are steps prior to or
before that for if there is any disputes or opportunities to have conversations which would be the preferred way to to make sure things are getting resolved but that that protection that right is in here moving on to page 12 under
operations and management it'd be 4.1.3 this would be the establishment of the broad of a Broadband commission so at a future date if we the council keep continues to proceed with this project City staff would work on
the bringing an ordinance to the city council to establish a Broadband commission the members which would be appointed pursuant to the Wilmer City Charter uh but the broadband's commission's full Authority and duties will be set forth in ordinance and adopted by the city council really their
the Broadband commission's goal is to be that first line um of communication and oversight um to this project and relay information to the city council to staff okay page 13
4.2.2 end user billing this was an item that had gone back and forth um from the beginning um we have finally ended up on that ISP will be conducting the billing not the city of Wilmer uh so
what this what this um how this reads is the manager shall provide guidance to the city as requested with regard to the initial establishment of and subsequent evaluation of amendments to the ISP fee percentage a membership fee to be set forth in the city's fee schedule manager
will oversee the collection of all fees from isps on behalf of the city including all retail fees charged to end users membership fees ISP fees and assist as required to ensure the city receives all payments the city is obligated to under this agreement the
city shall not Bill end users of the city Network directly okay page 14 would be 4.2.6 paragraph B notice and approval of emergency repairs uh there has to be throughout
the conversation with Broadband committee Hometown fiber um there has to be a path for emergency um typically when a disaster happens or there's a big
incident where lines get cut or trunk line gets cut those costs are going to be fairly substantial and um if I recall correctly I mean just to mobilize get a crew here to make that emergency repairs
with cost the city no less than 20 to 25,000 minimum just to get the call out here is that about right F Well that's on the higher end on the higher end so what we wanted to try and and show here um is that there are different levels of
repair so anything between $1 and $10,000 is there's immediate notice the administrator or their design but allows Hometown fiber to either contract or to consult with a a contractor to make those emergency
repairs repair estimates between over $110,000 to $50,000 needs to have notice to and written approval by the city administrator and repair cost estimated to be greater than 50 50,000 should be noticed as to the city administrator and approval by the city council however the
city council shall be prepared to approve these request retroactively depending on the severity um to what the what the repair could be again these are these are in here as worst case scenarios but they need to be addressed in here I think one point of to point
out as well is that the currently the city administrator has authorization to spend up to $25,000 per in invoice um we would be asking for the authorization again to spend up to $50,000 um with written approval by the
city administrator obviously these reports would come back to the Broadband committee the city council um but just because of the quite frankly the the cost of doing uh any emergency repairs could exceed that $25,000
quickly okay moving on to page 15 top of the page um it is paragraph e in that same section this was a question that was brought up at a previous council meeting uh discussing field technician Services uh field technician services
will be provided by the manager during the term of this contract such Ser Services shall include minor repairs dispatch and resolution Services the manager will have at least one technician onsite in the city between the hours of 7:00 a.m. and 3:30 p.m. on
Monday to Friday to perform these Services as requested under this contract and then continuing on to page 16 um 4.2.1 three Staffing manager shall employ sufficient Provisions persons of
uh sufficient expertise training and qualifications necessary to carry out the governmental program safely effectively and efficiently and manage operate and maintain the city Network moving on to page 18 under Article Five Financial Provisions section
5.4 the city's payment obligation the city's payment obligations here under to the manager for technical representation day-to-day operations City network connection Services other services shall be uh conditioned upon uh
the following the city's determination that the governmental program and construction of the city's network is feasible that the man manager has entered into agreements with at least one ISP to operate on the city Network and will use all reasonable efforts to
enter into an agreement with at least one additional ISP at least 100 potential users have opted in to the participating opted into participating in the governmental program on or before March 31st
2025 and that the city's determining in its sole discretion on or about March 31st 2025 that operating the city Network and governmental program is feasible in financing the cost of the city network is feasible based on the final project cost estimated based on
the final City Network drawings and specifications and that projected net revenues c network and the amount sufficient to cover Debt Service on any financing of the city to pay the cost of the city Network moving on to article six defaults and
remedies uh 6.4 this is on page 20 uh dispute resolution and uh mediation U we spent several a lot of time working on this paragraph this language here again to provide assurances to the city and to also
provide assurances to Hometown fiber uh that there is a a process if there is any U any disputes we want to make sure that we can effectively communicate and and work through any issues but if we get to this point we want to make sure that there is language in the contract
that there is a fair Equitable there is a process on how we handle disputes if it gets to that point and that through mediation okay almost done article 7 governmental program
management and oversight uh page 21 say 7.2 the initial report the manager shall provide the city with an initial program evaluation report summarizing the manager planned use of any of and activities with respect to the city
network of the governmental program including all projected revenues and expenses for each year of the term and such other information as reasonably be requested by the city prior to the operation date operational date so this
is our due diligence again making sure that we are projecting what we should be H or what we need to make sure that this is a a financially and feasible project furthermore moving on to page 22 7.5
quarterly statement status reports manager shall deliver to the city on a quarterly basis during the term of the contract a report detailing the manager's use of and activities related to the city network of the governmental program together with true and correct
financial statements of the manager's Financial condition and operations prepared accordingly according to generally accepted accounting principles uh for similar types of facilities for the preceding calendar year and supporting documentation reasonably
requested by the city um again this is not to be a burden to um in this case Hometown fiber but it is um to make sure that we are on track that the that the program is operating the way it should be page 23 7.9 Broadband commission
oversight manager shall provide all the reports and budgets under this article as well as reports detailing end user complaints received by the manager to the Broadband commission will provide the same to the city council the Broadband commission shall have the authority to request additional records
or other information as it deems necessary in related to the operation of the program uh pursuant to the section just talk up to 7.7 which is the audit and 14.21 of this agreement um 14.21 page 32 excuse me
14.12 page 32 interest by City officials I will I figure I better make this clear no elected or appointed official officer or employee the city or the city shall during his or her 10e of employment and for one year thereafter have any
interest direct or indirect in this contract or the proceedings thereof we want to make sure that there is no conflict of interest uh for this agreement and then lastly I want to draw your attention to exhibit e which would
be the very last page of of the packet material for this agenda item which is the manager compensation um so that's detailed there uh the manager as the technical representative of the city will receive compensation for managing the day-to-day operations
of the city Network for the benefit of the public as set forth in this exhibit the city will pay the manager a manager fee equal to $2,787 per month in addition to the manager fee the city shall pay the manager an end user fee each month the
end user fee shall beer be determined deted by the uh quantity of end users receiving Internet services in the preceding month the end user fee shall be calculated at a rate of $5 per end user receiving Internet
services an example there's an example list in there um and so on so I think Mr Mayor protm members of the city council I will pause there I know I spoke a lot I threw a lot at you um but this was a document that
we have been working on uh for quite some time now we've seen several different um iterations of this document we've had uh multiple lengthy conversations with advisers with legal with Hometown fiber um to finally get to
this point and provide you with a document um to act on tonight thank you Mr Fox I imagine that there will be some comments and questions for you so council members where do you want to begin one statement
all right council member Brian been on this committee for seems like a long long time and we had a lot of questions I mean a lot of questions that were asked of director box and they came from
all different directions and uh when I look through all of this information that we finally came up to and it took a long time get this contract done uh almost everything that we asked is covered and I think that's huge plus
because we had a lot of questions I'm sure a lot of the questions you were thinking about right now but most of the questions were about you know what are we going to do are we sticking our neck out too far here what's what is this what how can we make
sure that we cover ourselves and cover every our community and we had question after question after question with our community and I look through this and he's covered just about everything that we asked council member
fa so is there a village a community Township or county that has their own fiber now in Minnesota yes not open access but there are rough say close to two dozen cities in
the state of Minnesota that have Municipal Lo fiber not providing it has Open Access but different variations of this project yes are they profitable then we did not look into their profits but their average take rates are between 40 and
50% with some networks seeing 99% take rates okay is there any late fees to uh ISP if they don't pay on time sure so that would be um
and I I'll also introduce David our City attorney he was uh instrumental in in drafting this document so David if you have uh if you can find it faster than I can I'll let you answer it too but for late fees um that comes during
the let's see here and sorry Council I can jump in from it there we will have uh ISP agreements the providers uh that will come after this is uh once the project is moving forward and we be g into those agreements that will be covered a lot in
the ISP agreements themselves in terms of City's enforcement mechanisms for their payment so that's under Section page 15 4.2.8 um paragraph B this is the extreme end of it but ISP shut off and continued
Services um in the event of a default by any ISP subject to to the ISP agreement uh that was just referenced with the city which the ISP fails to to follow and notice and U fails to follow the city may direct the manager to shut off
that isp's access to the city Network and redirect ISP end users to another ISP to create as minimal an interruption to internet services as Rec possible so we do have control under isps that would be entered into if we've got Bad actors
that are on this network we do have the would have the authority to take action and shut their service off and move those customers to another Network why would we have to move them why wer the customers buying their home
sure they absolutely could but if we that would we don't have any other internet stuff correct we would I heard of it happen over in McLoud okay
and okay they didn't pay their customers were shut off they lost half of their customers yeah we we would not be the goal of this would not to be to dis uh disrupt customer and user service uh that's why
we've built this option in here to transfer them to another provider or there's a there's a bridge provider that we can offer get to while we make that make that decision but um the goal with this specific paragraph is to make sure that there is continued
service for customers and if we do have Bad actors B um companies that are following the rules we have the authority to to shut them down do we know we would only need a technician between 7 AM and 3:30 that's
time it's on a fail it's a great question uh there also is um there would also be a 24 24hour 7day a week on call um technician as well uh they may not be here in Wilmer
City Limits during after hours but there will be someone there to pick up the phone and depending on um depending on what the emergency is or the issue is is it something that can wait until the next business day or is there an entire block out where we need to get a crew
out there immediately to remedy the issue that would be the of the the on call technician at that time someone needs a call go for one to locate who pays that Fe for the build of the project to
locate a individual property so you're okay that' be on Hometown fber that's the short answer okay yes within the project yes that's like 200 50 bucks well it it depends on who you
contract with or whether we do it or sub it or you know there's a lot of variables there council member Nelson thank you mayor P um I was expecting us and I spoke with you about this too about taking the next steps
um before we made a decision um to make sure that we did get is fees if I heard you correctly it sounded like you felt we could go forward if we just had one ISP and I was thinking that we would
want more than one ISP to make sure that this project could be successful and when you look at the numbers and the costs and those types of things so I'm just curious with um what our expectations
are with the number of isps and um kind of that time frame of would we dare start with just one sure so the what is uh again it's paragraph page 19 um
5.4 paragraph three page 19 paragraph two excuse me uh so the way this is written now is that there would have to be at least one ISP to operate in phase one and that we would continue to use
all reasonable efforts to find at least one additional ISP for phase one as well but when we look at the uh the overall number of customers for with located within phase one which is
approximately 22 to 2,300 Parcels um we want to make sure that there's enough of a market uh to phase this in over time so having extreme example having 10 isps for phase signed up on the project for phase one there may not be enough market
share for 10 isps to offer their services to so we want to make sure we have at least one addition one ISP in place for phase one and continue to add isps through each additional phase but but that should go without without saying if there are isps that want to
sign up and they're following what our our agreement says we will invite it's a it's an Open Access Network just in line with that so phase one is the industrial park plus
residential areas and Commercial areas if I would say make up more of it than probably perhaps residential is would it be I think the right way to say it so as an ISP I might be interested in phase
one but I'm not interested in the rest of the city is that just um not a good not a good thought from my standpoint of why wouldn't they want to be rest in the rest of the city sure that might from a business
standpoint on isp's offering service I guess my gut reaction I would want to offer that service throughout the city but if there is a very Niche ISP that's offering a very
specific um program or product that maybe is only used by industrial users I don't know what that product would be um that could be correct I mean they wouldn't be offering services in for residential but um I maybe I if it's
okay with you Council I might lean on Kyle Morehead president with Hometown fiber to maybe better answer that question that's okay absolutely mayor proam council thank you um there are isps out there that specialize in certain areas and that
prefer certain types of customers um I think initially with phase one in particular we're going to be looking for the first ISP to provide to all of them you know both businesses and residential but if we can't get that we'll make sure that we have a mix to at least established
service to the area that we're covering so that everyone in that area can receive services but there are Niche ISP providers that will provide just a business as Kyle mentioned and there are others that prefer just residential but geographically
um I don't see any limit there it' be the type of customer that they would service so we would know that if you found an ISP that was only going to provide to commercial we would know that before we did phase one and yes it could
say we need two or three before we do this yeah once this agreement is in place that's before you we're going to start actively signing isps and so as they come aboard you'll have more and more information about them and what
they provide and who they provide to and as we shape the network we're trying to drisk it for you as much as we can um before you begin construction CC member Davis do you have any isps that are interested yet yes I
can't sign them until we right but yes there's one absolutely ready to go is a local Minnesota business as well couple questions um you had indicated Mr Fox earlier that um that one of the advantages to this is that it guaranteed
that that all residents of the community would be served and that businesses uh you know couldn't couldn't exclude certain parts but as you were showing us the map that's not currently a problem in Wilmer is it or is
it under on the served under served uh so I wish I would have thought of this earlier but I could have if you look on the the uh Minnesota Broadband website there is a GIS um web page that shows
you the entire state of Minnesota and which specific Parcels or census tracks however it's broken out on their GIS uh is considered to be served underserved or not served uh there are um Parcels in
Wilmer um that are let me back up so what what is the definition of served and underserved uh So currently if you are you are considered a served Community if you receive 25 down three
up so 25 megabits per second down three megabits upload speed up and 2026 that will change to 100 by 20 um when you look at the city of Wilmer most of our uh almost all of our
community that is being served by internet is receiving that 25 down three up it's hard to be it's hard to not make that when you start to look at services that are 100 down 20 up that's still even more but then we start to look at
different Parcels not large blocks but different Parcels in our community that are not even hitting those benchmarks and even uh continuing on when we look West to the industrial park when you think of where the rail Park was was just sold near the airport um other Parcels that are currently undeveloped
in the industrial park are considered owned by the city are considered not served because that fiber infrastructure is not there they are there what that that service um is brought in when the company would want to build but we're proposing again this is how this whole
project started is to make sure that internet is already there to help attract additional developers to the industrial park so do have partials in the city of Wilmer that are not served thank you another question I had and maybe this is more of a a question
for legal council but when it comes to the specifics about those emergency repairs and that over a certain dollar amount it's going to require Council approval but that we should be ready to make retroactive approval it sounds to me like we don't have any other choice
but to approve it at that point is that I mean that's practically where we're at that's a fair question um David do you want to take a stab at that is one of the provisions the dispute resolution
provision would uh apply to if the emergency repairs that were done maybe there's a disagreement as to whether they would have counted towards emergency repair were they affecting the right sort of customers enough customers are the type of repair that need to be you know addressed immediately um I
think there is there is buil in an ability to sort of address that between the parties if there is a disagreement on that okay thank you other questions and we're still looking for a motion council member ferly so the city
of Wilmer our buildings are already connected with fight corre hospital is and I believe so yes okay so if we or ISP are we going to drop who we with and
go with them not necessarily we would not be required to ran it for the money I thought sure um that is actually in I don't have that one highlighted I think you
[Music] I I think you're oblig to do I think that's probably your better yes I technically no we are not obligated to drop our current provider nor is anyone in the city of Wilmer uh there is Provisions in here that would
allow us to obviously move on to that Network at the fair cost we're not getting a subsidized internet we're paying our fair share just like everyone else um but to technically answer your question no we are not not obligated to drop our current service but we
absolutely could and um move our current service over to this or even have a redundant service brought in by any provider other questions anyone willing to offer a motion Council M Nelson I'll just ask one more question and I know you went
over that termination and just our comfort in if something happens how do we get where what are we committing to tonight and how do we get out of this if we need to so we are want to thank you council
member for the question so this what we're asking the council to consider tonight is the fiber Communications operations contract this is the governing document for the governmental program um for between the city of Wilmer and Hometown fiber um now as we
talked about that's noted on page three um that both parties understand that they're entering into this contract um prior to the city's final determination regarding the feasibility of the construction of the city Network
now there's some good faith on the city Side some good faith on Hometown Fiers side that we want to continue to press forward to make sure that we can have those detailed conversations ations as um as home Kyle had mentioned and talking with isps we would like to start
doing community engagement sessions and get those scheduled I don't have details on those right now um but it's going to be between now and when we ask you come back to the city council U to approve this project to call for bonding to award call for bids award bids we want
to make sure you've got all of that necessary information to be feel comfortable making that determination so there are outs built into this contract if at any point prior to the operational date or prior to um taking that step we
can walk away from this agreement um and again in worst case scenarios or try and um negotiate or find another path forward um but we're not asking the council to approve a project tonight we are not asking you to call for bonding we're not asking you to release bids to
Ward bids we are simply making a major Milestone uh making an The Next Step that we need to make this project U feasible and that's that's what this contract is at this point I'll make a motion to approve
a resolution authorizing a fiber use agreement between the city of Wilmer and Hometown fiber LLC is there a second second motion and a second
other conversation council member Nelson just one more question um in the determination of the things that are going to happen between now and and the next steps is there any money that needs
to be expended um to reach that next decision Point that's a great question [Music] um I know Kyle's answer would be
but uh respective to the council yes there will likely be continued another ask for a minimal ask for um we branding marketing promotional material I don't want this to
be like a six I mean I want it to be a respectful reasonable number we've actually taken some time we've met with the hometown team on what this next Outreach engagement section looks like and we I think have drastically reduced um
maybe our ask of Hometown um not a not it's not a bad thing but we have evaluated what the the Broadband committee can do and what city staff can do and maybe be more boots on the ground instead of hiring those Services out um
so we'll that will be uh hopefully hopefully that proposal will be looked at this week we'll get a meeting scheduled with the Broadband committee and uh get this back to you um in the near future but for other other asks
that may be ahead and now I wish I could um we could talk about the network Operation Center we could talk about permitting feasibility studies um I think we'll kind of wait and see how this fall goes and and um essentially
what all those additional items would be is making sure that we are more construction ready in this spring but it's I can understand the um I can understand the pressures of what the council would be asked to make
those Advanced appr um Advanced agreements or approve those in advance of actually approving the construction project as a whole so in a long way to answer your question council member there may be but those will be evaluated
by staff with the Broadband committee before those are brought back to the city council one more um you've alluded to that there is an ISP that's interested in will that need to remain private until we would commit to this or would
you be able to Market that we have an ISP yeah why don't you come help with this one thank you um it's really up to the ISP but obviously they're going to want to coattail any efforts that you have so
the sooner we can sign them the sooner that can be in place and the more effective that will be so people can start signing up and saying Hey I want this service from these providers from this provider if we get more We'll add more to the promotional material that
the city will like you say boots in the ground get the word out but thank you I just want to say thank you to City staff and the Broadband committee um you all have put in a lot of time into this and this is a big project I think that
you know there's certainly is going to be some opposition to it but you know for instance that communication that you referenced that went out today referring this uh referring to this project is risky is a word that I don't think could be fairly used about it because of the
efforts that you put into it to minimize that risk you know the the termination Clause that's that's so friendly and accommodating to the city and that phased uh buildout um you know starting with something small and seeing how that process goes you've you've minimized the
risk um and I think um I just wanted to thank you for that and all of you that have worked on that any other comments or questions from Council roll call council member Nelson hi Davis Hi
shes hi begly no osmus hi O'Brien hi mayor protm OS hi six eyes zero NOS or one no
sorry motion passes thank you Council um Professional Services agreement between the city of Wilmer and Bolton and mink don't walk away about this one okay all right mayor council this is
a followup to what we had just talked about same subject as I Vamp here I am going to get my material up in front of me so during the network Arch Network architecture phase of this project we also the city
has also um has incurred and will continue to incur costs towards the civil engineering um side of this the Bolton The Mink portion of it so tonight is a modified agreement focusing on just phase one of this project for
Professional Services to be uh conducted and completed by Bolton and mck um I will think I've got everything summarized but I will stand for any questions Council what are your wishes council member Nelson
not ready to make a motion but I am curious about the amount if we um yeah can we just approve what we've incurred and or is there more that's going to happen right now or is it
something that we should have paid earlier or or KN one about it earlier or yep all great questions council member um we could absolutely have that conversation with Bolton The Mink to limit the scope of this to what has been incurred to date however we'd be looking
at additional action from the city council to make up that difference um from that number that you see here 43,000 not to exceed um in the coming weeks we'll be um setting up meetings with Bolton and mink staff uh to really
look at the next steps a calendar of events if you will to see what types of costs will be coming in the immediate future um I don't have an answer to you on what exactly costs will be new costs would be coming um we do have uh some
costs incurred as I had mentioned earlier this is something that um this is something that should have been in a council packet previously um but maybe was I I don't have a better reason other than the transition between
myself and previous planning and development director walker uh while this was never in front of the council but we are here tonight making sure that we can uh get all these agreements squared away and again this would be the Professional Services agreement between
uh for phase one for with the civil engineering so we've taken a conservative Pro approach to um approving the first round of this what do we have to do with with this as it relates
to signing of the use agreement as in what additional cost can we expect well I mean I have an appreciation there's work that's been done that that we maybe should have been aware of before but is there work that
needs to be done right now or if we pay what we do we sure that that would be um don't have that answer but that would be what that future meeting with Bolton the M staff would be looking at that next step of calendar what what items are on
the checklist to get done next and what cost can we expect them to come next I guess I don't have a better answer answer for you unfortunately than that counc member show this so we could approve tonight to agree to pay what costs have been
incurred and then at a later time say up to this amount to cover current or future cost I mean essentially that's what the agreement is it's a not to exceed number it's built out on an hourly hourly basis
from Bolton and mink um as far as I am aware we do not have any other other than what we know any additional costs owed to Bolton the make at this time but again that would be that meeting I need to have with B to make
to to get that um but if we want to amend to pay what um is outstanding at this point that is an option for the council but um we would be coming back to the council for the additional phase it would be the same agre it would just be a lesser
dollar amount construction okay thank you minor Valiant so the scope of services um thank you is laid out in the agreement the network design construction documents permits and bidding uh so the network design we had talked about for
phase one is largely completed already the construction documents for phase one are um we'll say 90% 95% completed already uh the permitting and the bidding would be the additional um additional tasks to be completed in
addition to finalizing any punch list items on task one and task two do you think you can meet with them and come back to us at our next meeting or absolutely looking for a motion I will move to approve the Professional Services
agreement with Bolton and mink second motion and ass sign further conversation just a question that that's for the full amount even though we don't want don't know if we'll be doing it I was putting the motion out there so
there's probably going to be more discussion okay we will uh provide a report back to the council by the next meeting on what is yet to come with this agreement or what's it within the Professional Services for phase one
maybe try and work with the Council on exactly what you're looking for but we can certainly provide additional information if so are we going table yeah I was just going to say do we want to table this till next meeting then or do is this
something that we need to do tonight um maybe I'm not clear on exactly what the council is looking for feel like make your decision what I'm hearing from the council table is for I
feel like I'm hearing an interest in the the previous amount that we owe Bolton in I'm not sure that I'm hearing consensus on moving forward with a not to exceed into the future okay and wanting you to return to us at a future
date with more details on what those future expenses would be is that summarizing a consensus I think so yeah because we can't vote on something we don't know what the amount is going to be absolutely in which case I'm assuming
that we might need a dollar figure I could amend that to approve what we currently owe make MO to approve what we currently ow a bment for services already done does that
make does that suffice Council legal councel I'm wondering if we can is that what you need that's just fine yep if we can get that taken care of and we'll come back with the further further evaluation that would be just fine we'll come back with
what the actual cost is plus what the next phase is because the next phase here by the looks of it would be the permitting so are we at a point where this September suggest that we table
it till our next meeting just so I withdraw the motion where are we we're in a massive motions on the table at the moment what's the proper procedure here think withdraw the motion and
there's another motion made based on Main motion yeah I would withdraw my current motion I'll withdraw my second thank you then I would motion that we table this until table if you
withdraw there's no need for a table correct you just move for a table no if there's no need to move for a table if there's no motion is that correct still need a motion we should motion to table it okay so I'll make a motion that we
table second second and it's you have discussion on tabling no so roll call council member Davis Hi shes hi Bly hi osmus hi O'Brien hi
mayor protm o i and council member Nelson I seven eyes zero nose all right we have t you Council thank you mayor ree can have fun with that when he gets back then yes administrator Valiant
yes so we're been working on the budget as you've all been known and uh so we would like to have a work session with the council the week of the 26th um typically would have been on Monday but we do have a uh conflict with
the comprehensive plan meetings that have already scheduled so we would like to either have justest a date of Tuesday the 27th or Wednesday the 28th wish you want to go down the line on that or or what do we yeah let's go
down the line that'd be fun you have nothing else to do yeah council member orrian let's start at your side of the table which one works phone to find out okay we're wait for you I'll jump in okay either one works for me okay either one for me both work
for me either either I'm good with either they both work for me I am good with either it's a good thing I'm still looking okay well we don't you're out
voted both work for him council member and no just a request that we get access to the budget information before we walk in the door well we certainly will try well no but if you're not ready then let's not do it because it's hard well we have to do it that week because the following
week is September 3rd meeting which is when the preliminary budget is supposed to be reviewed okay it's it's just hard to walk into the meeting and be handed it and not have had access to look at it I understand
sounds like the 28th do we need a motion for that yes which date are we going with Tuesday or Wednesday 28th Wednesday the 28 at 6:30 sure where uh 2bd
K second second who is the motion Oh I thought you made the motion sorry I just asked if we needed one but I'll make it any further discuss roll
call Mayor Pro ask I council member Nelson hi Davis Hi shes hi Bly hi Osmos hi Brian right seven eyes zero nose Community Pride
announcement yeah I just like to thank the water treatment facility the supervision there that gave us s who is the uh Environmental Specialist she gave a nice tour to myself and my granddaughter and it was really well
done she really I I was very impressed andan she did a very nice job so thank them for that other announcements you've yet to be impressed and feel a sense of Pride for the many aspects of the city both the city staff
and the police department and the many um pieces of the community that put together Rock and Robbins you've got one last chance tomorrow night so don't miss it I don't want to jump the gun on the announcement but I'm guessing we're going to go back to the anybody know couldn't tell
you late this afternoon there was no decision yeah okay they wait till the morning but yeah yeah not holding my breath all right is there a motion to adjourn move to adjourn second we are adjourned