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[0:12]
Okay. At this time, I'll call the uh
[0:14]
August 10th, 2026 uh city council work
[0:18]
meeting to order. [clears throat]
[0:22]
Need somebody to make a motion adopt
[0:24]
agenda.
[0:25]
» Make a motion to adopt.
[0:27]
» Second.
[0:28]
» Motion. Second. All in favor?
[0:30]
» I
[0:30]
» I
[0:31]
» I.
[0:32]
» Item three, oppose budget.
[0:35]
» Mr. Mayor and Council, we are bringing
[0:37]
the budget discussion back this evening.
[0:40]
Um, we had brought it prior and there
[0:42]
was a desire to bring it back uh to be
[0:45]
able to review it a little bit more in
[0:47]
depth and uh and to then bring questions
[0:51]
back if there were any. And uh and so
[0:53]
we're here this evening to answer some
[0:55]
of those questions.
[0:56]
one of our department heads is going to
[0:58]
be running just a little bit late. So,
[1:00]
um but anyways, uh just to by way of
[1:03]
background, we received inputs from the
[1:05]
city council department heads union
[1:07]
contract put a budget uh model and book
[1:10]
together and that was what was presented
[1:12]
to you um the other council evening.
[1:16]
Nothing has changed in that uh since
[1:18]
that time. But again, just by way of uh
[1:22]
kind of a reminder, the um the
[1:25]
[clears throat] union contract has a 3%
[1:27]
COLA increase for nine union and 13
[1:29]
non-UN members, 40 paid on call
[1:32]
firefighters per the union contract.
[1:35]
There is an increase of two $1,510 per
[1:39]
month for the cafeteria contribution for
[1:41]
the healthcare benefit and overall
[1:44]
salary and benefits uh increased by
[1:46]
$21,000
[1:48]
over 2026.
[1:50]
Um
[1:52]
the law enforcement contract uh is a
[1:54]
3.9% increase or $62,000
[1:58]
from the prior contract. Uh city
[2:01]
assessor is a 1% or a $500 change. city
[2:04]
attorney is a 0% change. Metro Inet uh
[2:08]
which is the joint powers agreement that
[2:10]
we have uh for it work is a $6,000
[2:13]
increase and the audit contract is a
[2:17]
$2,000 increase. Those kind of just
[2:19]
identify some of the um um cost drivers.
[2:24]
the equipment replacement fund. We um
[2:26]
have increased that by $40,000 to
[2:29]
account for um some of the deficiencies
[2:33]
that were in that fund, particularly as
[2:35]
it related to the fire department. Not a
[2:38]
fault of the fire department, but just
[2:40]
some of the cost increases we're seeing.
[2:41]
We've had to account for that. Uh street
[2:44]
capital fund we increase by $50,000
[2:46]
every year. The cost of uh asphalt keeps
[2:49]
keeps going up. Um and uh so we try and
[2:53]
offset that with an increase of 50,000
[2:56]
and the park capital fund increases by
[2:58]
10,000 annually as well. You'll see the
[3:00]
note in there again. We spoke about this
[3:02]
last time. Uh there's a state fire aid
[3:04]
contribution of $114,000 and this is an
[3:07]
offset with the same revenue amount uh
[3:11]
that uh comes through for that. So this
[3:13]
is budget neutral, doesn't impact um the
[3:17]
proposed levy, which is 5.8% 8% this
[3:20]
year. Um I know that um I sat in on some
[3:24]
meetings and 5.8
[3:26]
uh is on the lower end of increases out
[3:29]
there right now. Um not that we're a
[3:31]
county, but I think I I just saw Dakota
[3:33]
County was 19%
[3:35]
increase. So costs are going up
[3:37]
significantly. Um
[3:40]
you see it when you pull up to the pump,
[3:42]
you see it when you pay your electric
[3:44]
bill. We see it here as well for the
[3:45]
some of those costs. and um and so we
[3:48]
try and try and keep it as low as
[3:50]
possible and uh keep it as reasonable as
[3:53]
possible for the residents. We feel that
[3:55]
they're getting a a very good value for
[3:58]
what they've gotten in the past and
[3:59]
certainly going forward with this
[4:01]
proposed budget. So, we stand for any
[4:03]
questions if you have any. Um and
[4:06]
hopefully we're prepared to answer
[4:08]
those.
[4:10]
Well, I'm just going to comment. I
[4:13]
screded at trying to find something to
[4:16]
cut to try to get it under 5% because I
[4:20]
think this is the highest increase we've
[4:23]
had in years, decades maybe. Um,
[4:28]
and with the fire trucks that are so
[4:31]
desperately needed and um,
[4:35]
I
[4:37]
noticed there was nothing in there about
[4:40]
a maintenance fund.
[4:42]
Am I correct or did I miss it? I was
[4:46]
wondering if we could split the addition
[4:51]
of the vehicle fund in half and put half
[4:54]
of it in it and start a maintenance fund
[4:57]
using that.
[4:59]
» Yeah. Um Mr. Chair and council members,
[5:02]
we we do set aside $50,000 every year
[5:05]
for a maintenance. You're talking
[5:06]
building maintenance. Yeah. Um, we've
[5:09]
identified, remember we did a cost uh
[5:12]
analysis
[5:13]
» And that that's the fund I'm talking
[5:15]
about the cost to cover some of the
[5:17]
stuff that our future needs in that
[5:19]
because things are deteriorating,
[5:23]
» Right? Um, we we touched on this a
[5:26]
little bit in the last meeting. Um,
[5:28]
there was uh we had them go through a
[5:30]
fine tooth comb of how old are your
[5:32]
boilers, how is your roof, you know,
[5:34]
when when do things need to be replaced?
[5:36]
and they came up with a $2.5 million
[5:39]
bill. It's significant.
[5:40]
» I know.
[5:41]
» Um so in combination with that, we had a
[5:45]
space need study done. We have, for
[5:47]
example, um you know, Nate shop over
[5:50]
there. There's very little room to park
[5:52]
vehicles and work on vehicles. It it can
[5:54]
create a dangerous situation there. We
[5:56]
have for the firefighters, we have um um
[6:00]
a a decontamination
[6:02]
requirement that we need to meet coming
[6:04]
up. uh that uh we need to retrofit some
[6:08]
of the fire stations to accommodate for
[6:10]
that. Um and uh and so we're kind of
[6:15]
looking at this whole idea as one. In
[6:17]
other words, um the 2.5 million would be
[6:21]
part of whatever cost would be needed
[6:23]
for these space changes that that would
[6:26]
be required. And um and that would be
[6:29]
part of a a bond, if you will, to to
[6:33]
offset that. You know, um we can set
[6:36]
aside $100,000, but $100,000 a year is
[6:40]
not really going to make much of a dent
[6:44]
um in a $2.5 million, you know, backlog
[6:48]
essentially of deferred maintenance. Um
[6:50]
so, yes, it is a concern. We have our
[6:52]
eye on that ball certainly. Uh we're not
[6:55]
neglecting that at all. We're certainly
[6:57]
not kicking a can down the road. Uh we
[6:59]
have been replacing things as they, for
[7:01]
example, the fire stations had a couple
[7:03]
of HVAC units go out. We've been
[7:06]
replacing those things with the dollars
[7:07]
on hand. Um been managing to do that. Um
[7:11]
if everything blew up tomorrow, we'd
[7:14]
have a major problem. But likely that
[7:17]
won't happen. Um, you know, there's when
[7:21]
you're when you're dealing with heating,
[7:22]
ventilation, air conditioning, they
[7:24]
always give you the option of, well, we
[7:26]
can fix it, which you might get x amount
[7:28]
of time out of it, or you can replace
[7:30]
it, and then they give you a price
[7:32]
comparison for that. Um, but, uh, you
[7:35]
know, you're talking fixtures like sinks
[7:38]
and toilets and things. They're not
[7:40]
going to break tomorrow necessarily. Uh,
[7:42]
but they do have lifespan and they will
[7:44]
need to be replaced at some point or
[7:46]
another. Um,
[7:49]
so yes, we're definitely
[7:51]
we're definitely concerned about that uh
[7:54]
that storm cloud in the future, you
[7:56]
might say, and we're planning for that.
[7:58]
So,
[8:02]
the equipment um you know, you said you
[8:04]
said about splitting it or whatever. The
[8:05]
equipment is um few years back the fire
[8:09]
department purchased two two engines
[8:11]
that were a good deal back then. Very
[8:14]
smart financial choice to do back then.
[8:16]
Unfortunately, when those two come due
[8:18]
for replacement,
[8:20]
now you're dealing with today's prices
[8:21]
on two of them. So, we've we've
[8:23]
staggered that now so that it's not a
[8:26]
two unit replacement at the same time.
[8:28]
It's one and then one in the future and
[8:30]
and kind of getting it on that schedule.
[8:32]
And that's really what those dollars are
[8:34]
for is um is preparing for those future
[8:38]
expenses
[8:39]
um in the capital improvement budget
[8:44]
» Or the plan the plan which produces the
[8:46]
budget for the future.
[8:49]
» And when is the um [clears throat]
[8:52]
final vote on this budget?
[8:54]
» September 14th is the preliminary vote
[8:57]
we would take and then
[8:58]
» And we have one more meeting for it. So
[9:00]
if I come up with something, I can bring
[9:02]
that to the attention at the next
[9:04]
meeting.
[9:04]
» You can always do that. Yep.
[9:06]
» Okay. [clears throat]
[9:07]
» You can go lower, you can't go higher
[9:09]
after after that vote. Yeah.
[9:14]
» My question is [clears throat] with the
[9:16]
sheriff's budget, has anybody really
[9:19]
looked into this on how we could save
[9:21]
money with the sheriff? If any
[9:23]
negotiations with them at all?
[9:28]
This discussion comes up every year in
[9:31]
terms of where they're at and what
[9:32]
they're proposing. I I know they're not
[9:34]
proposing any increase in hours or
[9:36]
anything like that,
[9:37]
» Right?
[9:37]
» Um the
[9:40]
you know I I think you that discussion
[9:43]
needs to be evaluated with the calls,
[9:47]
» The number of calls we're getting, which
[9:48]
we seem to be getting an uptick in in
[9:50]
some calls. Thankfully, some of the
[9:52]
serious ones are are trending down, but
[9:55]
um some of the other ones, your your
[9:57]
thefts or your, you know, assaults or
[9:59]
things like that seem to be trending up
[10:01]
and that generates a call and u time and
[10:04]
and you know, and then the nexus plays
[10:07]
in there as well, which generate has
[10:09]
generated a lot of calls in the past.
[10:11]
Thankfully with a reduced uh um
[10:14]
» Amount of people
[10:15]
» Amount of people your calls have been
[10:16]
reduced dramatically which which is good
[10:19]
» Because that had a a budget impact to us
[10:21]
» Right because I got a print out that I
[10:24]
want you to look at and you go over it
[10:25]
another time but uh I'll sit down with
[10:29]
you and go over this with ideas. You
[10:32]
don't have to look at it now. We can do
[10:34]
it after. Okay.
[10:35]
» But uh I mean just for an example I
[10:39]
don't know if everybody remembers
[10:41]
at when Derek did his report on the
[10:43]
budget the last meeting that I didn't
[10:46]
catch it right away. Tim Miller actually
[10:48]
caught it and we talked about it. But
[10:51]
Derek stated that East Bethl buys a new
[10:55]
squad car every year.
[10:58]
So my thought, well, it wasn't my
[11:01]
thought, it was Tim's thought. He said
[11:03]
that, okay, at the end of the year, why
[11:07]
don't we own that car then? Why don't we
[11:10]
if we're buying it, it should come back
[11:13]
to us and we can sell that car to
[11:16]
somebody else. So, this has been going
[11:18]
on for who knows how many years. But
[11:20]
it's stuff like that. If you look into
[11:22]
it, we can probably change things. So,
[11:27]
that's just one example. So, it's just a
[11:29]
thought. It's like if we're buying a
[11:31]
squad car every year, then we should
[11:32]
probably get one back at the end of the
[11:33]
year and then we can sell it for
[11:35]
whatever somewhere to recoup the money
[11:37]
so the have to pay all this stuff, but
[11:41]
there's different ways to look at the
[11:43]
budget, that part of it, too. You know,
[11:44]
there's different things to look at.
[11:46]
Just something to go by negotiations on
[11:49]
it. So, once you get a chance to read
[11:51]
that, get a hold of me, we can talk.
[11:54]
» I would I would assume on on that on a
[11:57]
vehicle like that, part of it
[11:58]
depreciation and then they're getting
[12:00]
the cars cheaper, too.
[12:01]
» Sure. But the point is we're buying it.
[12:04]
» Yeah. No, we back at the end of the
[12:05]
year. We could sell it for what we can
[12:07]
sell it for. Yeah, my my guess, and it's
[12:10]
just a guess at this point, is that they
[12:13]
say that a car cost X number of dollars.
[12:16]
It probably actually costs more than
[12:18]
that, but they're factoring in the
[12:20]
amount of money that they would get an
[12:22]
auction for that vehicle.
[12:24]
» I don't know. Police cars.
[12:25]
» Yeah, police cars are kind of hot. You
[12:27]
know, people like them. They generally
[12:29]
have bigger motors or
[12:31]
» They're fast [laughter] and they're
[12:33]
wellmaintained
[12:34]
» And they're super wellmaintained. Um,
[12:35]
exactly.
[12:36]
» So they they pull a premium, but it's a
[12:38]
val valuable question because without
[12:41]
» Hearing directly from them, no, we
[12:43]
factor that in. It's only a guess.
[12:44]
» Exactly. That's why I just figured we
[12:46]
might as well check it and see.
[12:52]
» Mike, I got a question on the fire
[12:54]
budget here. Um,
[12:57]
why is it we're not showing the 2% money
[13:00]
from last year? There's no nothing
[13:02]
budgeted in there.
[13:04]
Why was that blank? And this year we're
[13:06]
back to it.
[13:08]
[clears throat]
[13:13]
» Yeah, for some reason we don't have that
[13:16]
even listed in 26.
[13:21]
» I'm just going to bring this up so I can
[13:23]
find what you're referencing here.
[13:26]
» It' be uh 128.
[13:30]
Yep.
[13:31]
» Yep.
[13:32]
» So right there. So, this is where the
[13:33]
transition actually hit somewhere in
[13:36]
there. And my assumption was because it
[13:38]
doesn't actually hit the city's bank
[13:40]
account that we wouldn't have to account
[13:41]
for it. So, I took it out of your
[13:43]
budget. So, that was that whole note
[13:46]
then saying at audit time, I actually
[13:48]
have to book this in as an expense out
[13:51]
and the revenue in.
[13:53]
» Right. I agree with that. I was just
[13:55]
curious. I didn't see it on the budget
[13:57]
sheet.
[13:58]
» Yeah. So, it wasn't on there. So, it
[14:00]
must not have been brought to my
[14:02]
attention, I guess, at that time when
[14:03]
the budget went in. So, but when the
[14:05]
2026 is done, when this is actually in
[14:08]
there, you'll see a number in there
[14:10]
right there.
[14:12]
» So, for 26, I must I took it out because
[14:16]
again, it never actually does hit the
[14:18]
city's books. So,
[14:20]
» No, I know that just
[14:23]
for documentation.
[14:24]
» Yeah. But yeah, when there's when the
[14:27]
actuals come in, it'll show right here.
[14:30]
So,
[14:30]
» Okay.
[14:31]
» Yep. And that'll obviously be a variance
[14:33]
to the budget, but there'll also be a
[14:35]
variance to the budget on top with the
[14:38]
revenue. The revenue comes in.
[14:40]
» That's why it shows
[14:41]
» Yeah. So, the revenue doesn't have
[14:43]
anything.
[14:43]
» Fire department at 15.5%.
[14:45]
» Yeah. Exactly. So, if you take
[14:46]
[laughter] if you take that out, if you
[14:48]
take out the fire aid, you're back down
[14:50]
to 5%. Jeeoff and I that was one we
[14:54]
talked about because it looks a little
[14:55]
concerning, right? when you have a 15%
[14:57]
increase, but it's because we're adding
[14:58]
in kind of a non it's kind of an
[15:01]
accounting entry at the end of the year.
[15:03]
» No, you know, so the fire department
[15:05]
budget's actually 5% if you would just
[15:08]
kind of take that part out. But yeah, so
[15:10]
in 26 we didn't budget for it
[15:13]
um on the revenue side or the expense
[15:15]
side, but now since we know that we have
[15:18]
to do an accounting entry basically put
[15:20]
that back in there, we add it back to
[15:22]
the budget.
[15:25]
» Um I wanted to ask question regarding
[15:28]
the sheriff. Um, if the sheriff
[15:33]
department
[15:34]
has the ability to levy, why do all the
[15:38]
cities levy for them?
[15:43]
» U, Mr. Mayor and Council, I if I
[15:46]
understand your question, I don't
[15:48]
believe they have the right to levy.
[15:50]
» I believe I'm told they do by the
[15:53]
somebody at the county, but um
[15:54]
» The county the county board establishes
[15:56]
the budget for the sheriff. the sheriff
[15:59]
can spend the his budget however he sees
[16:02]
fit. Um
[16:06]
and um because he's an independently
[16:08]
elected official um
[16:11]
he does not levy I I you might be
[16:15]
referring to the um
[16:18]
fire pro not fire protection council
[16:20]
it's the um
[16:23]
it's it's the other council that um that
[16:27]
deals with law enforcement uh JLE
[16:30]
JLE can levy because they've gotten Um
[16:34]
that's a joint law enforcement council.
[16:37]
Uh they've gotten um permission through
[16:39]
the state of Minnesota to do that and
[16:41]
they do levy for special projects like
[16:44]
for example um uh they want to do radios
[16:48]
or whatever, replace all the radios,
[16:50]
they'll levy for that. And believe it or
[16:52]
not, that is significant money. Um
[16:57]
so you'll see that on a public safety
[16:59]
line on your on your property taxes.
[17:01]
That's for JLE. But the sheriff himself,
[17:05]
he belongs to JLE.
[17:07]
He's a member of JLE and pays a a due if
[17:11]
you will. Um but
[17:15]
he does not levy himself.
[17:17]
» Okay. I was just told that and so I
[17:20]
thought, well, I'm going to bring that
[17:21]
up.
[17:21]
» Yeah. If he did levy himself, it would
[17:24]
take a lot of pressure off the county
[17:25]
commissioners. I know that.
[17:26]
» Yeah.
[17:28]
» But yeah.
[17:38]
I guess my other question would be on
[17:41]
the planning and zoning part. Oh,
[17:43]
they're at 35% increase.
[17:48]
And I see it it's all up in pretty much
[17:50]
line item 101.
[17:54]
So again, a little a little background
[17:56]
that uh community development position
[17:58]
has been vacant for x amount of years
[18:02]
now and we were slowly funding it um by
[18:05]
a percentage like if the the employee
[18:07]
was to start in March, we you know we
[18:09]
prorrate the salary for 2027. It's in
[18:13]
there at 100% of the salary. [snorts]
[18:15]
So um you're going to see a big increase
[18:18]
now in 2027 for planning and zoning, but
[18:27]
Okay.
[18:34]
Any other question systems?
[18:40]
» I guess you're good, Mike, till the next
[18:42]
one.
[18:44]
Um just a reminder then we will have the
[18:46]
preliminary budget at the September 1st
[18:49]
September meeting and then the December
[18:51]
meeting the first December meeting you
[18:52]
can like Matt had mentioned you can
[18:55]
lower the levy at that point but you
[18:57]
cannot hire it. So whatever you approve
[19:00]
um in September will be the highest you
[19:02]
can set it at. So,
[19:04]
» Okay.
[19:05]
» So, with that, we'll we'll bring this
[19:06]
back in September for uh for adoption of
[19:09]
the preliminary budget, and we'll also
[19:10]
have your um sheriff contract on there
[19:13]
as well to get that form.
[19:16]
Sounds good.
[19:20]
Okay. Item four.
[19:30]
Okay, Mr. Mayor and Council, the um um
[19:34]
there was kind of some recent calls that
[19:37]
folks have been getting from um [snorts]
[19:39]
some shooting in neighborhoods and and
[19:42]
there was a desire to put the firearm
[19:46]
ordinances uh up on, you know, on a work
[19:49]
session to kind of see what is legal and
[19:51]
what isn't legal. Uh, and I have
[19:55]
the um if I can find it.
[19:59]
Um,
[20:03]
here's
[20:10]
our code of conduct.
[20:13]
It's under here.
[20:18]
Article four of our code identifies
[20:21]
firearms, gives a definition meaning a
[20:24]
gun that discharges shot or projectile
[20:26]
by means of an explosion, gas, or
[20:27]
compressed air. Um, and it says
[20:32]
specifically addresses prohibited use
[20:34]
near buildings. Uh, no person shall use,
[20:36]
fire, or discharge a firearm in the city
[20:39]
within 500 ft of any dwelling, house, or
[20:41]
commercial or industrial building.
[20:43]
person, however, may use fire or
[20:45]
discharge a firearm within such distance
[20:48]
of a dwelling, house or commercial
[20:50]
industrial building which is owned by
[20:52]
that person or if that person has
[20:54]
written consent of the owner of the
[20:56]
property um to to use fire or discharge
[21:00]
that firearm. Um, so it kind of defines,
[21:05]
you know, some of the penalties in here
[21:08]
and, uh, but this is really the only
[21:10]
part of our code, um, that that
[21:13]
addresses the use of the firearm. Now, I
[21:16]
think every good neighbor would know
[21:18]
that there's a reasonable time to
[21:21]
discharge a firearm and there's a not so
[21:23]
reasonable time. And um and if you're
[21:26]
discharging a firearm on a continual
[21:28]
basis, I think at that point it might
[21:32]
get into nuisance.
[21:35]
And um and if you're discharging a
[21:37]
firearm because you don't like your
[21:38]
neighbor and you want to you know um
[21:42]
create a you know a um you know what's
[21:48]
the best way to put it? you want to you
[21:50]
want to uh essentially um upset them or
[21:54]
try and create a scenario that that
[21:57]
they're uncomfortable with. I think at
[21:58]
that point it's definitely a nuisance.
[22:01]
Um so
[22:03]
again, when you when we kind of I think
[22:06]
what brought this a lot of this up is
[22:08]
the the state changed um south of 95
[22:12]
used to be shotgun only. uh they allowed
[22:15]
they allow now rifle by decision of the
[22:18]
county and my understanding is our
[22:20]
county uh is not taking a position on on
[22:24]
what can be used and uh and so there's
[22:28]
that concern on that side of you know uh
[22:32]
how far will a rifle travel versus how
[22:34]
far will a shotgun you know slug travel.
[22:38]
Uh we know that shot will travel you
[22:41]
know 40 50 yards but you know your um
[22:44]
your uh your slugs might travel up to
[22:48]
two to 300 yards. I mean they're they're
[22:50]
highly effective
[22:52]
methods of if you're shooting at deer or
[22:54]
whatever the case is. Um you know most
[22:57]
people are discharging a firearm be a
[23:00]
shotgun or a rifle within 50 yards of a
[23:03]
deer or something like that. maybe a 100
[23:05]
tops, but you're probably running into
[23:08]
trees at that point. Um, so I think in
[23:11]
this particular instance, the the
[23:14]
individual was discharging a rifle and
[23:18]
um was discharging it on a repeated
[23:21]
basis and and kind of creating a use
[23:26]
term firestorm, but a significant issue
[23:29]
in his neighborhood. Um, we have
[23:32]
families that I've spoken to that, um,
[23:36]
don't really want to let their kids out
[23:37]
during the day to play when they hear,
[23:40]
you know, a firearm going off. Uh, we
[23:42]
have a we have a range not too far from
[23:44]
here, you often hear shots going off
[23:45]
there. Uh, but I guess when it's your
[23:48]
next door neighbor, it can be it can be
[23:50]
a crack. It can be pretty loud. Um, so
[23:55]
I'm we want to bring this forward not
[23:57]
suggesting a change to
[24:00]
um policy at this point unless you you
[24:03]
guys are the policy makers. You get to
[24:05]
decide. But um
[24:08]
but if um if there's a firearm that's
[24:11]
discharged within 500 ft of someone
[24:14]
else's dwelling, if a firearm is
[24:17]
discharged at somebody,
[24:19]
um you know, at that point, it's highly
[24:23]
recommended that the sheriff be called
[24:25]
and that you know, police report be
[24:27]
written and and um and some
[24:30]
investigation done because it can get
[24:32]
very serious obviously.
[24:35]
So, I don't know if
[24:38]
anyone wants to comment on it, but
[24:41]
wanted to kind of You can see it's just
[24:43]
a a short little section.
[24:47]
» Yeah, my neighbors shoot target practice
[24:50]
all the time. They have 20ome acres.
[24:53]
They hunt on their property. It doesn't
[24:55]
bother me at all. Um, I'm not for
[24:58]
restricting any gunfire because I think
[25:01]
it would affect them and hunting hours
[25:06]
start really early in the morning for
[25:08]
deer hunting and um although they don't
[25:11]
go late into the night. Um, I think we
[25:16]
just have they'll just have to call the
[25:17]
police. you know, maybe if you put
[25:20]
something in a noise ordinance where
[25:22]
it's um after between midnight and 3:00
[25:26]
or 4:00 a.m., you know, cuz that would
[25:29]
help with some of the firework
[25:30]
complaints that we get to. [laughter]
[25:33]
[gasps] Um,
[25:35]
but I'm not for restricting any
[25:37]
firearms. I think that's
[25:39]
unconstitutional
[25:41]
all all the way.
[25:49]
I don't know that I I'd ever restrict
[25:52]
it, but our
[25:54]
our ordinance is pretty big. It could
[25:57]
use some addressing. I don't see
[26:00]
restricting any weapons. It just it's
[26:03]
vague and could be,
[26:06]
you know, redone a little.
[26:09]
One of the challenges, Mr. Mayor and
[26:11]
Council, is the penalty, as you'll see
[26:13]
here, is a misdemeanor.
[26:15]
um a traffic ticket's a misdemeanor. So,
[26:18]
it could be a petty misdemeanor, but
[26:19]
anyways, it's um
[26:22]
not a serious violation, you know, for
[26:25]
doing this. And
[26:27]
but I I think if you can if if it starts
[26:32]
to
[26:34]
uh become a nuisance, that's possibly a
[26:37]
different scenario.
[26:39]
um
[26:41]
then it's not done for recreational
[26:43]
purposes necessarily. It's done to
[26:46]
literally upset your neighbor, you know,
[26:49]
scare their kids or whatever the case
[26:50]
is. And that's
[26:56]
not necessarily a good thing.
[27:04]
Yeah. Growing up here, gunfire is
[27:08]
something you just kind of always hear
[27:10]
at random times.
[27:13]
If it gets in the case of nuisance,
[27:15]
that's a different situation. But like a
[27:18]
lot of people say, they move up here for
[27:19]
the country and acorage and
[27:23]
everything that comes with it.
[27:26]
One of those can be in gunfire.
[27:31]
If it's a nuisance, then [sighs]
[27:36]
I don't know if we would
[27:39]
have to deal with it if it came to that
[27:42]
level on a case-byase basis
[27:45]
if it was a grievous.
[27:51]
» Yeah. One of the challenges with
[27:53]
nuisance is the ability to define
[27:55]
nuisance.
[27:56]
» Yes.
[27:56]
» You know, one person's
[27:59]
feeling of nuisance is different than
[28:00]
another person's. Well, I I think with
[28:03]
uh in the case of uh ATVs and dirt
[28:07]
bikes, we have something in there that
[28:10]
says if it's used continuously for this
[28:12]
amount of time,
[28:15]
then it could be considered a nuisance.
[28:18]
So maybe if we need a little bit of
[28:21]
language like that in there, I don't
[28:23]
know.
[28:26]
I can research nuisance a little bit
[28:28]
more to find out
[28:29]
» As it relates to
[28:30]
» How it might relate.
[28:34]
» Of course, seems how we have a gun
[28:37]
range, they would probably need to be
[28:40]
» Exempted.
[28:41]
» Yes.
[28:49]
» All right. Anything else on that one?
[28:54]
Okay. Moving on to five.
[28:58]
» Okay. Um, Mr. Mayor and Council, uh, we
[29:00]
received a complaint
[29:03]
uh from a neighbor that an advisory
[29:08]
uh member was
[29:11]
saying things or doing things that they
[29:13]
felt was inappropriate. We don't
[29:15]
necessarily want to take that
[29:18]
as fact necessarily, but um um but
[29:22]
again, it's
[29:26]
We don't have [clears throat] any sort
[29:28]
of
[29:30]
member code of conduct documents at all
[29:33]
that might say this is how we would
[29:34]
expect you to to you know conduct
[29:38]
yourself if you're appointed to a
[29:40]
committee or commission. Um some cities
[29:44]
have code of conducts for elected
[29:46]
officials. Some cities say well your
[29:49]
code of conduct is your election. you
[29:51]
know, next time you run, they'll they'll
[29:53]
the public will determine code of
[29:55]
conduct. Um, so we have a couple of
[29:58]
examples in here. If I can pull those
[30:01]
up.
[30:03]
Um,
[30:07]
so I'm going to pull up the other one
[30:08]
here first.
[30:10]
So in this particular one it's um
[30:14]
city of Long Lake goes into
[30:19]
you know purpose standards of conduct
[30:22]
uh goes into how to conduct a meeting
[30:25]
goes into open meeting law conflicts of
[30:27]
interest which is valuable gifts and
[30:30]
donations can't receive those disclosure
[30:34]
disclosure of information I think is is
[30:36]
important uh working with the community.
[30:40]
Um
[30:42]
um and
[30:44]
kind of kind of then breaks out advisory
[30:47]
board members are not authorized to make
[30:49]
positional statements on behalf of the
[30:51]
city council and care shall be taken by
[30:53]
advisory board advisory members when
[30:55]
expressing a position to accurately
[30:57]
clarify whether such a position is that
[31:00]
of the individual member or of the board
[31:04]
on which the member sits. So they try
[31:06]
and touch on it, right? Um
[31:10]
and um
[31:14]
take a good stab at it, I guess, maybe
[31:16]
is is a good way to say it. Um try and
[31:18]
find a different one here that
[31:21]
this is for
[31:24]
uh North Oaks code of conduct. They get
[31:26]
into the council members, mayor, uh,
[31:29]
compliance with the law, conflict of
[31:31]
interest, prohibitions, and data
[31:33]
practices,
[31:34]
uh, standards of conduct. Um, you know,
[31:37]
it says councils and commissions are
[31:39]
composed of individuals with a wide
[31:41]
variety of backgrounds, personalities,
[31:42]
values, opinions, and goals. Despite
[31:44]
this diversity, all have chosen to serve
[31:46]
public office in order to preserve,
[31:48]
protect, and enhance the present and the
[31:50]
future of the community. In all cases,
[31:53]
this common goal should be acknowledged
[31:55]
even as the council and commissions may
[31:57]
agree to disagree or on contentious
[31:59]
issues. Um, so it's,
[32:03]
you know, again touching on decorum in
[32:06]
public places. Um,
[32:08]
um, you know, how to address the mayor
[32:11]
or the the person running the meeting
[32:14]
and, uh, being punctual. private
[32:16]
conversations are are um essentially
[32:20]
public conversations in in some cases
[32:22]
whether it's hot miked or it's uh you
[32:24]
know someone does a data request they
[32:26]
can get access to texts or whatever. um
[32:31]
uh it's talking about written notes and
[32:33]
text messages and so there's a there's a
[32:37]
lot in this and this was in your work
[32:39]
packet if you've had a chance to review
[32:41]
it and um and what I think if I need to
[32:45]
summarize it what we want to
[32:47]
» We never got this packet part of the
[32:49]
packet
[32:50]
» No all I got is the agenda
[32:53]
» We got the agenda
[32:56]
» Okay well I apologize for that I I don't
[32:59]
know if it's on the website or not, but
[33:01]
we can certainly send this out for
[33:03]
future uh discussions. Um but um but
[33:08]
essentially
[33:11]
kind of getting back to the to
[33:13]
complaint, there was a complaint that a
[33:15]
a commission member said that, you know,
[33:17]
they're going to do this or they're
[33:19]
going to do that, that they have the ear
[33:20]
of the council to do this or, you know,
[33:23]
threaten that.
[33:24]
and and that kind of gets into
[33:27]
maybe using your position um
[33:30]
inappropriately. Um
[33:33]
and uh and so this is why we wanted to
[33:36]
bring it. Obviously,
[33:38]
if if there is a violation of some sort,
[33:41]
we can go through a whole process of
[33:43]
determining if it's actually true or
[33:44]
not. you know, we don't even know if
[33:45]
that's true, but um uh there's a due
[33:49]
process portion of it that everyone
[33:51]
would would be able to defend
[33:53]
themselves. No, I didn't or this is why
[33:55]
I said it or whatever the case may be.
[33:58]
We've had some commission members come
[33:59]
up and and bless the council. Okay. Um
[34:04]
they are certainly entitled to freedom
[34:06]
of speech. However, uh it can bring some
[34:10]
level of disrepute upon the board and it
[34:12]
can um you know undermine the the the
[34:17]
board in in the in the community. Um
[34:20]
should that be something that they can
[34:21]
do? That's that's the policy question,
[34:23]
right? Um
[34:25]
or should they one when on a a board or
[34:29]
commission be limited to a decorum of
[34:33]
some sort that you know respects the the
[34:36]
um the council as the ultimate decision
[34:39]
makers. They're an advisory board to you
[34:42]
in in this particular situation and um
[34:45]
and you guys make the ultimate decision.
[34:47]
You can choose to go with their advice.
[34:50]
You can choose to go a different route.
[34:52]
that's totally within the power of the
[34:54]
of the board. Um, so this is the this is
[34:58]
the discussion. Um, [clears throat]
[35:01]
you know, if you guys want us to bring
[35:03]
this back as a,
[35:05]
you know, look deeper into it or if
[35:08]
it's,
[35:10]
you know,
[35:13]
let people say what they want to and
[35:14]
we'll sort it out later.
[35:17]
I don't know what the other option is.
[35:18]
» Was there a written complaint filled out
[35:20]
on this?
[35:22]
Um,
[35:24]
I will double check if there I believe
[35:25]
there was
[35:27]
» Because on that I think I remember us
[35:29]
talking like last year or whenever it
[35:30]
was. When you get a written complaint,
[35:33]
us on council should probably get a copy
[35:35]
of that so we know what we're talking
[35:36]
about because otherwise we don't know.
[35:40]
That's important if you can do that.
[35:43]
» I will double check make sure.
[35:45]
» Thank you. Um the individual I'm
[35:47]
referring to some of you know well
[35:51]
» Um and uh a lot of it is hour-long
[35:54]
conversations.
[35:56]
Um so this is why
[36:01]
sometimes people want to elaborate you
[36:03]
know in in in their conversation.
[36:06]
So, we're not necessarily going to say
[36:08]
we're going to take it for truth,
[36:10]
» But if there's a document that's out
[36:12]
there that that we can send to somebody
[36:15]
and say, "We're not saying you did.
[36:16]
We're not saying you didn't, but just
[36:18]
review this for future, you know,
[36:19]
reference or whatever the case is." When
[36:21]
they get appointed to a commission,
[36:23]
here's a document. This is the
[36:25]
expectation.
[36:26]
um doesn't have to be ownorous, but at
[36:31]
least it can give, especially as it
[36:33]
relates to gifts and you can't take
[36:35]
gifts. You can't be on the board voting
[36:38]
for your own interest, you know, right?
[36:42]
» Conflict of interest type of scenario.
[36:43]
So being aware of that is somewhat like
[36:47]
and I'll and I'll liken this to when you
[36:49]
get elected, the League of Minnesota
[36:51]
Cities puts on a um uh first time
[36:56]
elected deal, dos and don'ts, right? And
[36:59]
it's um and it's valuable information
[37:01]
because you don't know what you don't
[37:03]
know until somebody helps you say, "Nah,
[37:05]
you don't want to go down that road.
[37:06]
You'll get in trouble for doing that."
[37:08]
Um, so this would be something similar
[37:10]
because they don't have a dos and don'ts
[37:12]
for commission members when they get
[37:14]
appointed. It's, you know, get appointed
[37:17]
and take the seat and you're off and
[37:18]
running. So anyways,
[37:20]
» I think it's a good idea to put
[37:22]
something in writing because if
[37:24]
somebody's saying that they can
[37:25]
influence our votes, that's not good
[37:28]
because nobody can influence me. I vote
[37:31]
my heart
[37:32]
and residents. Well, I think I think the
[37:36]
commissions do influence you in terms of
[37:38]
the you know, they vote a certain way.
[37:40]
you look at the meetings or you watch
[37:41]
the meeting the meetings on online on
[37:44]
the decision like the planning makes you
[37:46]
know planning and zoning um they they
[37:49]
may influence you may agree with them
[37:51]
you may not agree with them but if
[37:53]
they're using that by saying
[37:56]
you better do what I tell you to do or I
[37:58]
I'm going to you know utilize my power
[38:00]
to you know to come back against you in
[38:03]
a neighborhood rel you know scenario
[38:06]
that's not the role and function of that
[38:09]
any board that we have here, I guess,
[38:11]
you know.
[38:12]
» Um, so, and again, that's the claim.
[38:16]
We've heard a lot of wild claims, but
[38:19]
whether that's true or not,
[38:21]
hypothetically, it should never happen,
[38:23]
I guess. But
[38:26]
I think something just general, maybe a
[38:29]
couple pages,
[38:32]
» Um, at the most,
[38:32]
» But we don't need to get into explicit
[38:36]
detail of, um, some of the stuff. Uh
[38:39]
because I know when I first got on
[38:41]
planning uh many years ago, there wasn't
[38:45]
anything there wasn't anything given to
[38:47]
me. It said show for next meeting. Sit
[38:49]
here. Here's your packet.
[38:51]
» Good luck.
[38:52]
» Yeah.
[38:53]
» Uh so, you know, some education is
[38:56]
great. Uh, one thing that can be
[38:59]
included is, uh, links to the League of
[39:03]
Minnesota C's website for, uh, for
[39:07]
particular,
[39:08]
um, they have particular packets put
[39:11]
together on particular roles, particular
[39:13]
information. Um, so that if they want to
[39:17]
do further research, they certainly can.
[39:19]
Here's the education there. Here is
[39:21]
where you can go for a lot of your
[39:23]
answers.
[39:28]
And I will send these out. Make sure you
[39:30]
get them as well so you can review them.
[39:31]
» Yeah, send them out and we'll bring this
[39:33]
back up at a future work session.
[39:36]
» Yeah.
[39:37]
» Perfect.
[39:38]
» All right.
[39:38]
» All right. Moving on to six.
[39:46]
that one.
[39:54]
Six is an update on code enforcement
[39:55]
activity, short-term rentals, large
[39:58]
events. And I have Eric with us here
[39:59]
this evening to
[40:01]
um give us a little more background on
[40:03]
one of the cases that he's working on. I
[40:06]
believe this is it.
[40:12]
short
[40:15]
in your uh thank you mayor and council
[40:19]
for taking this matter up in your
[40:21]
workshop here. Um
[40:23]
» Please talk in the mic.
[40:24]
» Well, I'm sorry. I got to move over
[40:26]
here. Uh again, thank you for uh taking
[40:28]
this matter up um in your workshop. Um
[40:32]
the city's received several complaints
[40:34]
about uh a rental activity occurring at
[40:37]
1 19520 Tri Oak uh Circle and um
[40:44]
the the owner of that site um has been
[40:48]
uh renting that space out as an VBO.
[40:54]
um using it for uh hosting um large
[40:59]
groups through that VBO.
[41:01]
Um just I'm just showing the pictures.
[41:04]
They've hosted wedding events at this
[41:06]
site. Um and I just want to share those
[41:11]
images with you. There have been a
[41:12]
number of complaints from uh the abuing
[41:15]
property owners. Um and city has sent
[41:19]
two letters to the owner um requesting
[41:22]
they cease the operation of renting the
[41:24]
property um and ceased using the
[41:27]
property as um a commercial venue. Um
[41:32]
first notice sent in Mayuh 2026,
[41:36]
second notice sent in June and we did
[41:39]
actually post a notice on the door on
[41:42]
July 16th again asking them to cease the
[41:46]
operation.
[41:48]
Um, part of our letters also included uh
[41:52]
that if you do need to have a rental
[41:54]
license in place before you can you can
[41:58]
operate uh this type of venue. Not the
[42:01]
commercial operation, mind you, but just
[42:03]
the the renting it as a VBO type matter.
[42:07]
um the applicant or the owner um
[42:11]
only submitted um partial return of
[42:14]
their application. Um late last week,
[42:19]
I'm sorry, early last week, they did
[42:21]
provide um set up a time for a final
[42:25]
inspection of the site. So, that'll
[42:27]
happen, I believe, August 20th and
[42:30]
ultimately um potentially back before
[42:33]
you for that rental license. However, um
[42:38]
we have not gotten to that point. Um
[42:40]
they have they have operated
[42:43]
um illegally, for lack of a better word.
[42:46]
Um our city attorney is here and I I
[42:49]
appreciate him coming here and and and
[42:52]
sharing. Um but essentially the staff
[42:55]
has exhausted um all of its capacity for
[42:58]
sending letters, you know, asking um
[43:02]
it's really boiled down to uh mayor
[43:04]
council um
[43:07]
what would you like us to do next? And
[43:10]
um our city attorney is here and and
[43:16]
I think that's the policy direction we
[43:18]
are asking and and the city attorney is
[43:21]
is asking for. Um, and with that, Mark,
[43:25]
I
[43:26]
» Sure convert it over to you.
[43:28]
» Sure. Um, so I it's my understanding
[43:30]
that, you know, a policy decision like
[43:32]
this, whether we're going to charge a
[43:34]
citizen of the city with a ordinance
[43:36]
violation like this is kind of something
[43:38]
that the the the thought is to have a
[43:40]
discussion with the council first. I
[43:42]
think in the past it may have been that
[43:44]
the city would go through its exercises
[43:46]
that it has of sending out the
[43:47]
correspondence and trying to bring the
[43:49]
property owner into compiance. Then if
[43:51]
they didn't, just be referred to the
[43:53]
prosecutor's office to charge out and
[43:55]
then sometimes there's questions about
[43:57]
that after the fact. So, this is trying
[43:59]
to be or the goal here is to get the
[44:01]
direction from the council as a whole
[44:03]
because this is not a theft crime. This
[44:05]
isn't a DWI. This is someone who isn't
[44:08]
complying to the city ordinances. And of
[44:10]
course, the goal of the city, well,
[44:12]
well, two things I'll comment on. One,
[44:14]
you know, the city's going to be
[44:16]
complaint oriented. So, the city's
[44:17]
responding to complaints on something
[44:19]
like this. So, this has been complaints
[44:21]
from the neighbors who have complained
[44:22]
about these issues that that were just
[44:24]
described by Eric. Um, so we're not
[44:27]
seeking them out. And then the the goal
[44:29]
the the attempts have been made to get
[44:31]
the property owner into compliance. Now,
[44:33]
and and that is at the end of the day
[44:35]
ultimately the goal to have property
[44:37]
owners in compliance with the city
[44:38]
ordinance, state statutes, and so forth.
[44:41]
As Eric just said that there has been
[44:44]
this ongoing violation of the city code,
[44:46]
which is a crime. It's a misdemeanor to
[44:48]
be in violation of the city code,
[44:50]
punishable by up to 90 days in jail,
[44:51]
$1,000 fine. Both often times the goal
[44:54]
of criminal prosecution more so than
[44:56]
having somebody spend time in jail
[44:58]
usually is to have them come into
[45:00]
compliance with the code. So, as as Eric
[45:03]
just described, this individual, this
[45:04]
property owner has been making slow
[45:07]
strides towards coming into compliance.
[45:10]
One of those things is by going through
[45:11]
our processes to apply for a rental
[45:13]
application. Um, she submitted that. I
[45:16]
believe she's got to do some allow for
[45:18]
some inspections to occur and so forth
[45:20]
and then she will potentially be into
[45:22]
compliance with regard to having a
[45:24]
rental property and as Eric said not to
[45:26]
have these events commercial or
[45:28]
otherwise happening that's another
[45:29]
story. So we're sitting at this point
[45:31]
where uh she's close to coming into
[45:34]
compliance doing the things we've asked
[45:37]
but she's not there yet and of course we
[45:38]
have the issue of past violations. Now,
[45:41]
what's also unique about this and part
[45:43]
of what's happened since in the last
[45:45]
month or two here is that as uh the
[45:48]
deputy sheriffs have gone out there to
[45:49]
respond to the complaints, they've
[45:51]
gathered some information to actually
[45:53]
prove that in fact the property was
[45:56]
being rented by those people that were
[45:58]
there who said yes, I rented the
[46:00]
property. We did it through the VBO.
[46:02]
Because that's of course obviously in
[46:03]
order to prove this in the court, you
[46:05]
have to have you know the evidence that
[46:08]
the person did in fact violate the
[46:09]
ordinance and you have that
[46:11]
So I guess again from a policy decision
[46:14]
it's does the council want the next step
[46:16]
would be for us to do a formal complaint
[46:17]
and charge the individual and again seek
[46:21]
to have them come further into
[46:22]
compliance and so forth. So I think
[46:24]
that's where we're at.
[46:32]
» So Mr. Mayor and council in the prior
[46:34]
what you know policy for the city had
[46:36]
was when we kind of exhausted all the
[46:39]
options we just turned it over to the
[46:41]
attorney and the attorney would
[46:43]
prosecute and then you would get phone
[46:45]
calls and say why is the city suing me
[46:47]
and you folks would be like we don't
[46:49]
know anything about it. So the policy
[46:51]
then changed to
[46:53]
once we exhaust all of our options then
[46:55]
we bring it to the work session then you
[46:58]
decide is this something where we need
[47:01]
to take it to that next level and
[47:03]
prosecute and if so um you know we had a
[47:07]
couple of options whether it's abatement
[47:09]
we've talked about or whe what whether
[47:11]
it's you know going through the normal
[47:15]
prosecution process or or what. Um, so
[47:18]
that's why it's here this evening. Um,
[47:21]
and um, just as a side note, not to
[47:25]
complicate matters here, but um, in the
[47:28]
Friday uh, update, I I I identified this
[47:32]
property as kind of the, you know,
[47:36]
they're going through a rental process,
[47:38]
but they're really not renting it the
[47:40]
way that our intention of a rental
[47:43]
ordinance is. In other words, if you're
[47:45]
going to rent your property for 6 months
[47:46]
or a year or five years or whatever the
[47:48]
case is, this is a weekend type of deal,
[47:50]
which would fall into the short-term,
[47:53]
you know, type of concept, which is
[47:55]
standing by. I mean, completed, you
[47:58]
know, we're we're going to bring it uh
[48:00]
for um the council to review and and
[48:03]
potentially approve. So, we're kind of
[48:08]
thinking the best option, at least in
[48:10]
terms of clarity for courts, if it gets
[48:13]
there, is the rental license is really
[48:16]
not applicable in this situation. And if
[48:18]
she applies for and gets one, it's still
[48:21]
not applicable in this situation. So um
[48:25]
one we should probably define a rental
[48:28]
license in terms of time that would
[48:30]
apply to six months or a year you know
[48:34]
short term then is less than six months
[48:37]
you know uh type of a time frame or a
[48:39]
month or a weekend or however it wants
[48:42]
to be defined. And then at that point um
[48:46]
uh then you can obviously say that she
[48:49]
has neither one
[48:52]
but she would need the one that best
[48:55]
suited would be best suited and and then
[48:58]
the council gets to decide okay do you
[49:01]
really want to given the history on this
[49:03]
do you want to issue a short-term rental
[49:05]
license because your phone's probably
[49:07]
going to be ringing off the hook.
[49:09]
you know, you you can put guard rails
[49:12]
around it. You know, there can only be
[49:15]
2.5 people per room or whatever the deal
[49:18]
is. And what happens when there's 10?
[49:21]
You know, your phone's ringing off the
[49:23]
hook. So, that's kind of the scenario
[49:26]
we're in.
[49:27]
» One other thing I'll comment on from
[49:29]
what I understand um
[49:32]
from speaking with the law enforcement
[49:34]
is that I believe this particular
[49:37]
individual, the propertyy's listed for
[49:38]
sale now.
[49:40]
which is that that's that's great.
[49:42]
They're fine, whatever. Uh so if you
[49:45]
have a rental
[49:47]
situation, then it goes away because the
[49:49]
new buyer has no interest in doing that,
[49:51]
then
[49:53]
this is part of the prosecution question
[49:55]
because then you prosecute someone
[49:56]
potentially no longer reser.
[49:59]
So
[50:02]
» Yeah, that's a waste of money going to
[50:04]
prosecute somebody and their house
[50:06]
sells. I'm like maybe we should wait and
[50:09]
see. I did want to make a comment on
[50:11]
this because I
[50:14]
was informed that several after the last
[50:17]
planning commission meeting where they
[50:19]
discussed this um several houses on that
[50:23]
or properties were vandalized on Tri
[50:25]
Oak.
[50:28]
So, I just want to bring that up because
[50:31]
I I feel like there was some kind of a
[50:33]
vendetta because it happened either the
[50:35]
day or the second day after the last
[50:37]
planning commission meeting. I'm like,
[50:39]
this is not good.
[50:42]
» I don't know. We've heard of that.
[50:44]
» Yeah. The paint reports,
[50:47]
» Mailboxes painted, cars
[50:50]
messed up, stuff like that.
[50:53]
I think our first process is to get the
[50:56]
ordinance changed so that we can put the
[51:00]
limit of time, you know, designated
[51:02]
basically in the ordinance before we can
[51:05]
even attack this short-term rental
[51:07]
stuff.
[51:09]
» I agree.
[51:10]
» Otherwise, we don't have any leverage in
[51:13]
court, period.
[51:14]
» Yeah. and depending on
[51:17]
the timeline of how quickly we get it
[51:21]
done and would we be able to use that
[51:25]
ordinance on this particular case.
[51:29]
some legal questions that we probably
[51:32]
have to get into at some point because
[51:33]
he can't retroactively go out back
[51:36]
grandfather laws etc blah blah blah
[51:39]
but that is definitely one issue to look
[51:43]
into and if
[51:47]
if we want to allow short-term or are we
[51:51]
just reacting to the this one problem
[51:54]
issue to avoid future problem issues for
[51:58]
the short-term rentals.
[52:05]
» Most cities, I believe, are using it
[52:08]
just because of the influx of so many of
[52:12]
these popping up. Now, you go north up
[52:16]
the Briner Lakes area, you know, there
[52:18]
you got a huge problem up there with
[52:20]
this huge problem. I mean, and anywhere
[52:24]
you got a big body of water, it's going
[52:27]
to come.
[52:30]
So, we need to address the ordinance to
[52:33]
start with. Period.
[52:34]
» Mayor, and council, if I may. Um,
[52:38]
so the the planning commission did hold
[52:42]
a public hearing on the proposed
[52:43]
short-term rental ordinance. Had a
[52:45]
number of people um that showed up and
[52:48]
spoke in favor of it. Um, I think it was
[52:51]
a balanced, well, well wellreceived uh
[52:53]
plan. Um, it certainly looks for ways to
[52:59]
advocate for people to have a successful
[53:02]
uh VRBO, a successful short-term rental.
[53:05]
Um, few twists and turns aside, you
[53:07]
know, I I would speculate that it'll it
[53:10]
will be uh reasonably wellreceived. Um
[53:16]
to the council uh administrator look's
[53:19]
comments about uh clarifying the current
[53:22]
rental ordinance you have. Um yes that's
[53:25]
something that is should be done in
[53:27]
tandem with this to uh specify that you
[53:31]
know basically 30 days or less is
[53:33]
shortterm 30 days or more is is the more
[53:36]
traditional rental which we all kind of
[53:38]
understand. Um however um the case we
[53:43]
have now with um this this address um
[53:47]
has been in violation for some time. Um
[53:51]
and
[53:53]
even if you had your short-term rental
[53:55]
license in effect, again this is
[53:56]
speculation, but even if you had your
[53:58]
short-term rental license in today or
[54:01]
you had this process in place today, um
[54:04]
that property would not be in
[54:06]
compliance. So I think what staff is
[54:08]
maybe for is
[54:11]
how else can we convey to this
[54:13]
individual
[54:15]
that um you are operating contrary to
[54:18]
the current law
[54:20]
um and yeah you've submitted some things
[54:22]
but you're not there yet and in the
[54:24]
meantime uh please cease. So I think
[54:28]
maybe that's
[54:29]
what we're asking for. I realize that
[54:32]
there's cost associated with that. So
[54:34]
would you be looking for say a drafted
[54:37]
letter by the city attorney addressing
[54:40]
that that uh if it comes from the city
[54:42]
attorney may have more teeth? I I have
[54:45]
no objection to that but it's up to you
[54:47]
know you folks and [clears throat]
[54:49]
obviously given the direction we're
[54:52]
happy to do that. Um sometimes that does
[54:55]
help certainly seeing something on
[54:57]
letterhead and so forth. We just don't
[54:59]
want to like you. It's a valid concern
[55:01]
that the council would have is we just
[55:03]
don't want it to be letter after letter
[55:04]
and why is Berglin charging us all this
[55:07]
money for these letters that seem to be
[55:08]
going nowhere. So if we do a letter
[55:11]
which is perfectly fine. It does make
[55:13]
sense because it will indicate and it's
[55:14]
true that our next step is to do what we
[55:16]
would call a formal complaint and then
[55:18]
bring charges in district court and the
[55:19]
person individuals will have to come to
[55:21]
court. So we just want the council to be
[55:23]
aware of that so that it's seen that
[55:25]
okay we're taking these steps and this
[55:26]
is the next logical step.
[55:30]
I I I don't think I have an issue with
[55:32]
uh approving one letter to address and
[55:37]
if
[55:38]
we can reconvene on what happens
[55:43]
after that in a month or so. We'll see
[55:47]
what happens.
[55:47]
» See what kind of response we get back.
[55:49]
So,
[55:50]
» Eric, have we passed the 30-day
[55:52]
threshold
[55:54]
» For I'm sorry, mayor, for
[55:56]
» For her application. Every complete
[55:59]
complete application
[56:00]
» Her her complete application um so,
[56:05]
okay, uh I believe she completed her
[56:08]
paperwork application on or around July
[56:11]
28th, you pick a number. Um she then had
[56:16]
to advise the city and coordinate with
[56:21]
um Nick Schmidz, the building official,
[56:23]
to get an inspection. That is now
[56:25]
scheduled for the 20th.
[56:28]
Um and then once Dick would write his
[56:31]
report, presumably we'd package that up
[56:33]
and bring that to you for final
[56:35]
approval. Um, but in the meantime,
[56:38]
again, that's still probably not that's
[56:41]
still even in a best case scenario,
[56:43]
probably a month away.
[56:46]
» Nick's going to bring the fire marshal
[56:47]
with them, too, right?
[56:48]
» Yes.
[56:49]
» Okay.
[56:49]
» I mean, again, it's a
[56:53]
not a complete uh, you know, this is a
[56:57]
health, safety, welfare, you know, fire
[56:59]
safety versus a, you know, a commercial
[57:01]
inspection type thing. We do have a
[57:03]
pretty good checklist and and certainly
[57:05]
the building officials been through
[57:07]
those many times. Um but even in the
[57:09]
best case scenario, it's a month away
[57:11]
and um
[57:15]
I think I believe the city attorney
[57:17]
haven't we already sent her one letter
[57:18]
from
[57:19]
» We we sent her one letter indicating
[57:20]
that she needed to get the application
[57:22]
in
[57:23]
» And then she and she complied with that
[57:25]
which is positive. Um so that's where it
[57:29]
sits.
[57:31]
So what is the one thing we can do that
[57:34]
has teeth? It would I mean from where I
[57:37]
sit as a as a attorney prosecute
[57:39]
attorney is to if the correspondence has
[57:43]
been exhausted would be to do what we
[57:45]
call as I said earlier a formal
[57:47]
complaint lays out what the charges are
[57:49]
and usually makes sense in a ordinance
[57:51]
violation situation to do that because
[57:53]
it's not as I said earlier just a simple
[57:55]
theft or a DWI and I know those are not
[57:58]
simple but in any event you need a
[57:59]
little more explanation of what's going
[58:01]
on citations to the code and so forth
[58:02]
and then what that really does is it
[58:04]
forces an individual ual to come to
[58:06]
court in order to respond to and that's
[58:09]
where you have to deal with the issues
[58:11]
in court. Well, that uh brings people
[58:13]
out of the comfort of their own home
[58:15]
into the courtroom. If they don't show
[58:16]
up or they ignore that, then we have the
[58:18]
the ability to seek a warrant because
[58:20]
they didn't come to court um and those
[58:23]
kinds of steps. So, that's the teeth.
[58:26]
And of course, at the end of the day,
[58:27]
the ultimate threat and purpose of that
[58:29]
is if someone doesn't comply with the
[58:31]
ordinance and um are convicted of the
[58:34]
offense and they could potentially be
[58:36]
fined financially or face jail time.
[58:42]
» So the question is, do we have enough
[58:45]
form [clears throat] of formal
[58:46]
complaint? I I I I indicated earlier
[58:49]
that with um the uh law enforcement
[58:52]
going out there and gathering the
[58:53]
information, another thing to keep in
[58:54]
mind, but [snorts] gathering the
[58:55]
information of those individuals that
[58:56]
they spoke to that were actually renting
[58:58]
at the property and identifying them. I
[59:01]
think I I believe so. Yes,
[59:05]
» Let's do it.
[59:06]
» I would say that's move forward with the
[59:08]
formal complaint
[59:11]
» Consensus.
[59:13]
If they the house sells,
[59:16]
is everything dropped then or do you
[59:18]
continue because the crime was
[59:21]
committed? So,
[59:22]
» So we as the prosecuting authority
[59:25]
always have the decision- making in that
[59:28]
regard and um and we can certainly talk
[59:30]
about this as larger conversation, but
[59:32]
uh if if the house sold um then that
[59:37]
person is no longer going to be a
[59:39]
concern of violating the ordinance, at
[59:41]
least as to that, that that may be a
[59:44]
cause to decide to dismiss the charges
[59:47]
if that made the most sense or something
[59:49]
along those lines. Often times with
[59:51]
ordinance violations, if people come
[59:52]
into compliance, like I said, that's the
[59:55]
goal. That may result in the charges
[59:56]
being dismissed because they've come
[59:58]
into compliance and we're no longer
[1:00:00]
receiving complaints. But if the So I
[1:00:04]
can't say that definitively, but we have
[1:00:06]
that ability to do that. Yes.
[1:00:07]
» Okay. We got to cut this off. Uh
[1:00:10]
[clears throat] we've given staff
[1:00:11]
direction
[1:00:13]
and we'll move forward with that. Okay.
[1:00:16]
» Okay.
[1:00:17]
» All right. At this time, I'll close the
[1:00:18]
morning meeting. on my quick recess.
[1:00:22]
» Yep.
[1:00:23]
» All right, let him in.
[1:03:14]
They're
[1:03:25]
good.
[1:04:31]
right there.
[1:04:46]
» Okay. Okay. At this time, I'll call the
[1:04:48]
uh
[1:04:50]
the uh August 10th, 2026 regular council
[1:04:53]
meeting to order.
[1:04:56]
» Please rise if you can for the pledge
[1:05:01]
to the flag of the United States of
[1:05:03]
America and to the republic for it
[1:05:06]
stands nation.
[1:05:16]
Okay, I'm going to make a quick
[1:05:17]
statement here.
[1:05:21]
Um,
[1:05:26]
there are mo moments in public service
[1:05:28]
when words feel too small for the weight
[1:05:31]
of our hearts.
[1:05:33]
Today is one of those moments. We gather
[1:05:36]
not to debate policy or pass ordinances
[1:05:39]
but to honor the life of colleagues
[1:05:43]
friends and who have left us too soon.
[1:05:47]
I ask you for a pause with me for a
[1:05:50]
moment of silence to remember the voices
[1:05:52]
in this chamber, the laughter in the
[1:05:55]
hallways, their unwaving commitment to
[1:05:58]
the people we serve. For Tim Miller,
[1:06:01]
please hold pause.
[1:06:13]
Thank you.
[1:06:16]
» I'll make a motion to adopt today's
[1:06:18]
agenda.
[1:06:18]
» Second.
[1:06:20]
» Have a motion and a second. All in
[1:06:21]
favor? I
[1:06:31]
» Presentation
[1:06:33]
recognition and pinning ceremony of
[1:06:35]
firefighter
[1:06:45]
mayor, members of the council, citizens
[1:06:48]
of East Bethl, thank you for being here.
[1:06:51]
Uh thank you for allowing us this
[1:06:53]
opportunity also to recognize two
[1:06:55]
firefighters that are being pinned and
[1:06:57]
graduating from probationary firefighter
[1:06:59]
to uh to firefighter.
[1:07:04]
Uh today we recognize
[1:07:06]
uh Peter Boyham and Brandon Alfred for
[1:07:10]
completing the rigorous 12-month
[1:07:12]
probationary period. They have proven
[1:07:14]
their skills, their grit, and their
[1:07:16]
dedication to the city of East Bethl.
[1:07:19]
Each of these uh two gentlemen in front
[1:07:21]
of you completed over 140 hours of
[1:07:25]
classroom and hands-on training uh in
[1:07:28]
the fire academy as well as 40 hours of
[1:07:31]
EMR or more for EMT training. Countless
[1:07:35]
hours of studying and participating in
[1:07:40]
study groups to pass the necessary
[1:07:42]
tests. The city of East Bethl Fire
[1:07:44]
Department also has a probationary book
[1:07:47]
that we require of these candidates and
[1:07:50]
it teaches them the way that East Bethl
[1:07:52]
Fire Department operates and how we use
[1:07:55]
our equipment and how we serve the
[1:07:57]
public.
[1:07:58]
I would like to congratulate you guys on
[1:08:00]
completing that and being here.
[1:08:08]
Good evening members of the council. Uh
[1:08:10]
just a couple quick words um kind of to
[1:08:13]
go over what we're doing here tonight.
[1:08:15]
In a few moments, a family member or a
[1:08:17]
mentor will step forward to pin a badge
[1:08:19]
over your heart. To the casual observer,
[1:08:22]
this is a polished piece of metal, a
[1:08:24]
part of a uniform, but to those who wear
[1:08:26]
it and the community we serve, it's a
[1:08:28]
sacred symbol of lifealtering
[1:08:30]
commitment. The badge is shaped like a
[1:08:32]
shield for a reason. Historically, the
[1:08:34]
shield was a warrior's primary tool of
[1:08:36]
protection used to stand between a
[1:08:38]
threat and those who cannot defend
[1:08:40]
themselves. When you pin this badge on
[1:08:42]
today, you are telling the citizens of
[1:08:44]
East Bethl that you are now their
[1:08:46]
shield.
[1:08:48]
This badge carries three distinct
[1:08:49]
weight. Three distinct weights. The
[1:08:52]
weight of the past. You are wearing the
[1:08:54]
reputation of every firefighter who has
[1:08:55]
come before you in this department.
[1:08:57]
Their sacrifices, their sweat, and their
[1:09:00]
integrity are polished into that metal.
[1:09:02]
do nothing to tarnish it. The way to the
[1:09:05]
present. This badge identifies you as a
[1:09:07]
professional. When you step off the rig
[1:09:10]
at a scene, people will look to this
[1:09:11]
badge for hope. It tells them that the
[1:09:13]
help they prayed for has arrived.
[1:09:16]
The weight of the future. By accepting
[1:09:18]
this badge, you promise to be a guardian
[1:09:20]
of the fire services traditions and a
[1:09:22]
student of its future. You are now part
[1:09:24]
of a lineage that never sleeps.
[1:09:27]
As your family pins this badge today,
[1:09:29]
remember that it is pinned over your
[1:09:31]
heart because that is where the true
[1:09:32]
strength of a firefighter lies. It is
[1:09:34]
not in the gear or the trucks. It is the
[1:09:36]
courage and the character of the person
[1:09:38]
wearing that shield.
[1:09:40]
Uh at this point, we'll have you guys
[1:09:42]
stand at attention.
[1:09:45]
And we'll have your family uh come
[1:09:47]
forward and pin your badges on your
[1:09:49]
chest.
[1:10:18]
» [applause]
[1:10:27]
[applause]
[1:10:29]
» Now the oath of office
[1:10:40]
» I will citizens
[1:10:43]
» And firefighters
[1:10:47]
» With honor and integity
[1:10:48]
» With honor and
[1:10:50]
» That I will in all respects
[1:10:52]
» I
[1:10:53]
All respects
[1:10:58]
of the United States
[1:11:01]
United States of Minnesota.
[1:11:24]
» [applause]
[1:11:33]
[applause]
[1:11:35]
» I am going to take this moment um we
[1:11:37]
have a full house tonight. If I can and
[1:11:41]
this is no disrespect any citizens. I
[1:11:43]
would like to invite all the East Bethl
[1:11:45]
firefighters that came here to celebrate
[1:11:48]
these gentlemen if we could just for a
[1:11:50]
second.
[1:11:51]
» Come on in. [applause]
[1:12:02]
[applause]
[1:12:12]
» [applause]
[1:12:22]
» And I know that we have a significant
[1:12:24]
amount of family here. I would also like
[1:12:26]
to thank them for sharing uh Peter and
[1:12:29]
Brandon with us and allowing them to
[1:12:31]
serve the community as we go forward.
[1:12:34]
Thank you. [applause]
[1:12:42]
[applause]
[1:13:01]
All right. Moving on to the public
[1:13:05]
forum. I would want to remind you when
[1:13:07]
you come up to the mic, speak your uh
[1:13:10]
name, address,
[1:13:12]
and uh
[1:13:14]
remind yourself that you have three
[1:13:16]
minutes basically to speak so we can get
[1:13:19]
through everybody.
[1:13:21]
At that time, I'll entertain. And I
[1:13:24]
think it's
[1:13:25]
it's hard to read the writing, but
[1:13:27]
should I make two well
[1:13:31]
» Stowall?
[1:13:31]
» Stwell.
[1:13:34]
[clears throat]
[1:13:39]
» I'm Channing Stoall. I live over on uh
[1:13:43]
227th Lane just off East Bethl. Um I've
[1:13:47]
been before this board several times uh
[1:13:50]
in my capacity. I've last four years
[1:13:53]
I've served on the Anoka count county
[1:13:57]
election integrity team and really
[1:14:00]
tonight I'm more just a mailman uh
[1:14:03]
distributing some details on the issue
[1:14:06]
of uh marks of certification on our
[1:14:11]
election equipment.
[1:14:13]
Um I don't want to debate it. The real
[1:14:16]
details are in the last four pages
[1:14:19]
starting on 13. Uh I just wanted to
[1:14:23]
circulate this document for you.
[1:14:26]
Uh it was uh highlighted in Liz Collins
[1:14:30]
more recent documentary
[1:14:33]
uh Minnesota Mau. Um it happens that in
[1:14:38]
April of 2027,
[1:14:40]
I'm sorry, 2020,
[1:14:43]
um the
[1:14:46]
both the EAC, the election
[1:14:49]
uh acceptance commission, uh notified
[1:14:53]
ESS, the manufacturer of our equipment,
[1:14:57]
uh that the equipment did not meet
[1:15:01]
federal standards and that the marks of
[1:15:05]
certification. The little stickers on
[1:15:08]
the machines had to be removed and they
[1:15:12]
were removed in April of 2027
[1:15:15]
and to our understanding they've never
[1:15:18]
been replaced. Now, there's a lot of
[1:15:20]
issues involved with it and I don't want
[1:15:22]
to discuss them right now, but I did
[1:15:24]
want to deliver this information to you.
[1:15:27]
I think there will be more discussion to
[1:15:29]
come over the next several months and I
[1:15:32]
wanted you to be informed as to uh the
[1:15:35]
details on the situation. I'll be glad
[1:15:37]
to answer other questions now or later.
[1:15:40]
But uh that my main point is just to
[1:15:43]
inform you and present you with some
[1:15:45]
details because I know it will be uh
[1:15:48]
discussed a lot more in the press.
[1:15:52]
Any questions?
[1:15:54]
» How do we fix it?
[1:15:56]
How do we fix it? How do we make them
[1:15:58]
back into compliance?
[1:16:00]
» How [clears throat] do we
[1:16:02]
» Making them back into compliance?
[1:16:05]
» Um, we're looking at that right now. Um
[1:16:08]
it's there's a lot of legal details and
[1:16:11]
um I've we've got one member who spent
[1:16:14]
over 1,200 hours looking into and
[1:16:17]
researching this uh backwards and
[1:16:20]
forwards and uh we're in discussions
[1:16:22]
with the county and the secretary of
[1:16:25]
state now. Um
[1:16:28]
and there's no resolution yet.
[1:16:31]
» Thank you.
[1:16:33]
» Thank you. You're welcome,
[1:16:36]
» Mr. Lewis.
[1:16:38]
» I know, but I'll take her.
[1:16:43]
» Okay, [clears throat]
[1:16:49]
» Mayor, council members, I'm Stacy
[1:16:53]
Miller. I reside at 214437
[1:16:56]
Street. I stand before you tonight to
[1:16:59]
formally express my desire to be
[1:17:01]
appointed to Phil Council Councilman
[1:17:03]
Timothy Miller. My husband Tim Tim
[1:17:07]
Miller cared deeply about the community
[1:17:09]
and took his responsibility as a
[1:17:11]
councilman very seriously. He poured his
[1:17:14]
heart, his time, his energy into serving
[1:17:16]
this community. I had the privilege and
[1:17:19]
the honor of standing side by side with
[1:17:22]
him through every meeting and community
[1:17:24]
event. Because of this, I understand the
[1:17:27]
immense responsibility of the office,
[1:17:30]
the challenges our city, our city faces,
[1:17:32]
and the visions he had for the future.
[1:17:36]
His passing has been a tremendous loss
[1:17:38]
to our family and to this city.
[1:17:50]
I am asking to replace him, but no one
[1:17:54]
could ever replace him. But I would be
[1:17:57]
honored to be considered for an
[1:17:59]
appointment to fill the remainder of his
[1:18:01]
term. My goal is my goal in stepping
[1:18:04]
forward is not only to honor his memory,
[1:18:07]
but to ensure the continuity
[1:18:09]
[clears throat] for the residents we we
[1:18:11]
serve together. I am already I am
[1:18:14]
[clears throat] ready to step into the
[1:18:15]
role immediately with zero learning
[1:18:17]
curve to continue the vital work he
[1:18:20]
started and a strong dedicated voice for
[1:18:24]
our neighbors.
[1:18:26]
I know this is a significant decision
[1:18:28]
for our council and I ask your trust,
[1:18:31]
your vote to allow me to serve the
[1:18:33]
community and its capacity. Thank you.
[1:18:45]
might as well come up. Kevin,
[1:18:51]
» Mayor, council members, city
[1:18:54]
administrator look, community
[1:18:56]
development director Johnson, and
[1:18:59]
attorney Burgl and you folks.
[1:19:04]
Over the course of the past few years, I
[1:19:07]
became a good friend of Tim Mullers. We
[1:19:10]
started working together on the city
[1:19:12]
council, but then it evolved into
[1:19:14]
something more
[1:19:16]
we both like to play pool, so we tried
[1:19:18]
to have a pool match every week in the
[1:19:21]
middle of which we would quit and
[1:19:24]
take a break so he have a cigarette
[1:19:27]
[laughter]
[1:19:28]
and so Stacy could play cribage with us
[1:19:31]
and that's how we became close friends.
[1:19:34]
Um, I'm aware that uh, well, first of
[1:19:37]
all, Stacy's too modest to say this, but
[1:19:40]
she's probably the smartest person in
[1:19:42]
this room. She's extremely intelligent,
[1:19:46]
and what she everything she said is true
[1:19:48]
as far as how they worked as a team on
[1:19:51]
preparation for city council meetings on
[1:19:54]
all that. I've never known a tighter
[1:19:56]
couple.
[1:19:58]
I've been married to my wife, my lovely
[1:20:00]
wife, for over 44 years, and we're not
[1:20:03]
as tight as they are. So, I mean, it's
[1:20:05]
it was remarkable. Best friends and
[1:20:08]
counselors and all that.
[1:20:10]
What we're what Stacy just asked you to
[1:20:12]
do is customarily
[1:20:15]
granted just on the face of it. It's
[1:20:18]
considered the right thing to do.
[1:20:22]
Uh,
[1:20:26]
excuse me. I'm having my own moment.
[1:20:29]
Uh, there's things that are right and
[1:20:32]
things that are prudent. As she said,
[1:20:35]
she doesn't have a learning curve. She
[1:20:37]
can step right in. Uh,
[1:20:41]
it's talking about finishing a fourmonth
[1:20:43]
plus term,
[1:20:45]
not running again or anything else. So
[1:20:49]
on the basis of custom on the basis of
[1:20:54]
the right thing to do on the basis of
[1:20:57]
humanity
[1:21:00]
you need to grant her request. Thank
[1:21:02]
you.
[1:21:05]
Thank you, Kevin.
[1:21:08]
Uh,
[1:21:10]
Hermanson.
[1:21:18]
Good evening, uh, mayor and council
[1:21:20]
members. We are Aaron and Michelle
[1:21:22]
Hermanson.
[1:21:23]
We are here tonight in support of the
[1:21:26]
flex building, um, and the conditional
[1:21:29]
use permit for a house of worship um,
[1:21:31]
being renovation church to occupy that
[1:21:34]
building.
[1:21:36]
Uh we've been residents of East Bethl
[1:21:38]
for nine years. Uh we love East Bethl.
[1:21:41]
Uh we have raised expanded our family in
[1:21:43]
East Bethl and it's been a blessing. Um
[1:21:46]
but for the duration of those nine
[1:21:47]
years, we've also been commuting to
[1:21:49]
Blaine to go to church. And what we
[1:21:52]
found at Renovation Church is something
[1:21:54]
that it sounds like this room needs and
[1:21:56]
that's hope um community connections and
[1:21:59]
really deep Yeah. connections and joy.
[1:22:01]
And so it would be such a privilege to
[1:22:04]
not commute 20 minutes and to have a
[1:22:06]
house worship here in our city.
[1:22:11]
» Yeah. Uh Michelle and I know um the
[1:22:13]
value firsthand what uh this church and
[1:22:16]
the impact the church has done in our in
[1:22:17]
our lives or many lives and our famil
[1:22:19]
family's lives. Um that we just love to
[1:22:21]
bring that uh sense of community and joy
[1:22:23]
to East Bethle. So, thank you for your
[1:22:26]
time and your um
[1:22:30]
consideration.
[1:22:31]
» All right. Thank you. [clears throat]
[1:22:34]
» Uh Gabriel Gabriel
[1:22:38]
» Hansen.
[1:22:39]
» Hi there.
[1:22:41]
» Gabriel Hansen, 4434 217th Avenue
[1:22:43]
Northeast. Um some of you may remember
[1:22:46]
me from my time on the planning
[1:22:47]
commission several years ago. Um this
[1:22:49]
may seem out of context. I'm also here
[1:22:51]
in regards to the uh conditional use
[1:22:54]
permit for Renovation Church. Um that
[1:22:57]
being said, I mean, as we say the pledge
[1:22:58]
of allegiance, you know, one nation
[1:23:00]
under God and God we trust. Um I don't
[1:23:02]
believe it's ever out of place. Um as uh
[1:23:07]
they had just spoken about, um
[1:23:11]
renovation church in Blaine was
[1:23:13]
something that me and my wife had been
[1:23:14]
looking for for a long time. um gone
[1:23:18]
around since we were married looking at
[1:23:19]
different churches, never feeling
[1:23:21]
anywhere that felt like church. It felt
[1:23:24]
like a building. You go in, you you
[1:23:25]
worship, you listen to a message, you
[1:23:27]
leave, and that's it. It's like a um a
[1:23:30]
product you buy. But then uh we started
[1:23:32]
to attend renovation. They they are so
[1:23:35]
focused and intentional about community
[1:23:37]
and building relationships amongst the
[1:23:40]
church, not just being a building that
[1:23:41]
you come to to worship and to uh do your
[1:23:45]
you know good deeds. Um it is it is
[1:23:48]
truly what a church should look like.
[1:23:50]
And I believe um you know as we look
[1:23:53]
around a room full of people, some who
[1:23:55]
are grieving, Stacy, my condolences to
[1:23:57]
you. Um we need this. We need a place
[1:24:01]
that focuses not just on getting people
[1:24:04]
in to a building, but on sending them
[1:24:06]
out and creating the community here in
[1:24:07]
East Bethl that we strive for, that
[1:24:10]
you're working here for, but I believe
[1:24:12]
that only a church like renovation can
[1:24:15]
help build. Thank you.
[1:24:17]
» Thank you.
[1:24:20]
Consent agenda.
[1:24:23]
» I'll make a motion to approve the
[1:24:25]
consent agenda. And I'd like to pull
[1:24:28]
item G, please.
[1:24:31]
» G.
[1:24:31]
» Yes.
[1:24:34]
» Anything else needed to be pulled?
[1:24:38]
Somebody second it. Second. Have a
[1:24:41]
motion and a second. Uh, all those in
[1:24:44]
favor of the amended consent agenda?
[1:24:47]
» I I opposed.
[1:24:49]
» Item G.
[1:24:50]
» Item G. I it's for the wells um
[1:24:55]
the backup generators for wells one and
[1:24:57]
two. Can you tell me where wells one and
[1:24:59]
two are?
[1:25:09]
» Good evening mayor and council. Uh wells
[1:25:10]
one and two service the northern portion
[1:25:13]
of the city. So 241st and 65 area
[1:25:16]
whispering Aspen up in that part of the
[1:25:18]
city. So, because if they were
[1:25:21]
[clears throat]
[1:25:22]
down here off of Viking, I would say,
[1:25:25]
shouldn't the developer of Viking um
[1:25:28]
preserve and capstone and Elivage
[1:25:30]
contribute to the final monies that need
[1:25:34]
to be used? Um so, why wouldn't the
[1:25:38]
developers
[1:25:40]
and the residents
[1:25:42]
pay for that? Why would the rest of the
[1:25:44]
city have to pay for
[1:25:47]
out of like I have a well and a septic
[1:25:51]
if mine goes out I can't come to the
[1:25:53]
city and say hey all taxpayers come and
[1:25:56]
help me pay give me $20,000 to refill my
[1:25:59]
well redo my well redo my septic. So why
[1:26:04]
can't the people just up there pay or
[1:26:06]
the developer up there or whoever? Why
[1:26:09]
is it going to be this $27,000 left um
[1:26:15]
be put on the all of the taxpayers?
[1:26:17]
» So, wells three and four had generators
[1:26:19]
put in with that project initially. So,
[1:26:21]
those those have backup generation
[1:26:23]
already. Uh this portion will be
[1:26:25]
financed through these three grants that
[1:26:27]
we applied for and were awarded. The
[1:26:29]
rest of the money will come from our
[1:26:30]
enterprise fund which is not general
[1:26:32]
fund money. It's not the taxpayers of
[1:26:33]
East Bethl. It's only the water users.
[1:26:36]
So it's it's an enterprise fund that's
[1:26:37]
paid for by
[1:26:38]
» So it is only the water. Okay. Perfect.
[1:26:41]
Thank you.
[1:26:41]
» The whole city on water, not not the uh
[1:26:43]
not people on sepic.
[1:26:45]
» Got it. All right. Thank you. Just
[1:26:47]
because people were worried about hey,
[1:26:48]
why am I paying for that? Okay. Thank
[1:26:51]
you. With that, I'll approve item G of
[1:26:54]
I'll make a motion to approve item G of
[1:26:56]
the consent agenda.
[1:26:57]
» Second. Have a [clears throat] motion.
[1:26:59]
Second. Any further discussion?
[1:27:02]
» None being heard. All those in favor?
[1:27:04]
» I. Motion passes.
[1:27:08]
Seven. Uh, new new business. Planning
[1:27:11]
Commission.
[1:27:14]
» All right. Thank you, Mayor and Council.
[1:27:16]
Again, if I move away from the mic, just
[1:27:20]
yell at me again. I got to drift away.
[1:27:22]
Right. Um,
[1:27:25]
so tonight we have four items uh or
[1:27:27]
three items related to uh an an entity
[1:27:31]
known as final approach. I'll go through
[1:27:34]
them as as as reasonably quickly as I as
[1:27:36]
I can, but they all are intertwined and
[1:27:41]
um just preface all of this by saying um
[1:27:45]
the text amendment is the first piece of
[1:27:47]
this uh request from final approach. And
[1:27:51]
if that's something that's generally
[1:27:52]
positive to you, then the the next step
[1:27:56]
of the um preliminary plat
[1:27:59]
um their site plan and a conditional use
[1:28:02]
permit um would would then be in order.
[1:28:05]
Um and then thirdly would be the the
[1:28:08]
aforementioned um place of worship
[1:28:11]
within that flex building. So I'll just
[1:28:14]
go through these um certainly are
[1:28:16]
independent actions um but that's the
[1:28:18]
the basis of all of them. So they they
[1:28:20]
do go in order. Um
[1:28:24]
so I mentioned uh final approach is
[1:28:26]
requesting a zoning text amendment to
[1:28:28]
section 47
[1:28:30]
of your highway commercial B3 zoning
[1:28:33]
district which is appendix A of your
[1:28:35]
code. Uh the proposed amendment would
[1:28:37]
add business flex buildings as a
[1:28:39]
conditional use uh within the B3 highway
[1:28:42]
commercial district subject to tenant
[1:28:44]
use limitations, prohibited uses, and
[1:28:46]
the definition of a business flex
[1:28:48]
building. So, um, this is the specific
[1:28:52]
language you see on your screen.
[1:28:53]
Certainly, this was in your packet. Um,
[1:28:55]
but what they're looking to build is a
[1:28:58]
multi-tenant building that would that
[1:29:00]
would be able to house um permitted uh
[1:29:04]
uses in your industrial zone and
[1:29:08]
permitted uses in your B3 district as
[1:29:10]
well as uh conditional uses in your
[1:29:13]
industrial zone and conditional uses in
[1:29:15]
your um B3 district. So the goal
[1:29:19]
fundamentally is for employmentbased
[1:29:22]
um investment and operations there.
[1:29:25]
However, following more to a formbbased
[1:29:28]
zoning where it's more important
[1:29:30]
shouldn't say more important but it's
[1:29:31]
important about how the building looks
[1:29:33]
on the exterior. How does it fit into
[1:29:35]
that neighborhood? Um and does it cause
[1:29:39]
and and would it cause anything
[1:29:41]
incompatible with noise, odors, um
[1:29:44]
outside storage? So that's that's the
[1:29:46]
the basis of what a flex building
[1:29:49]
essentially uh is trying to accomplish.
[1:29:51]
Um again that's just the language of it.
[1:29:54]
Um but let's just see what the the in
[1:29:57]
this case the applicant is um proposing
[1:29:59]
a building and this is what that flex
[1:30:02]
building would essentially look like.
[1:30:04]
It's a 21,000 square foot building with
[1:30:07]
potentially four four uh
[1:30:12]
distinct entrances. But how they con
[1:30:14]
configured the building internally um
[1:30:17]
would probably be up to further
[1:30:20]
discussion by the applicant and the
[1:30:22]
tenants they could receive. Um so that's
[1:30:25]
that is what a flex building is is
[1:30:28]
generally all about. Um your current
[1:30:30]
code does not have that capacity uh now.
[1:30:34]
So that is why they're asking for that
[1:30:35]
to be added. In effect, it's allowing
[1:30:38]
the industrial zone within your B3
[1:30:41]
district only in this building. And on
[1:30:44]
the screen, you have um where that
[1:30:46]
zoning is. Again, that's B3
[1:30:50]
um
[1:30:52]
as shown. Um
[1:30:55]
that neighborhood already is a
[1:30:56]
multi-dimensional
[1:30:59]
or multi- different uses of of space.
[1:31:02]
Again, the the proposed uses here um for
[1:31:06]
that building and and how that text
[1:31:08]
amendment would offer that, but you do
[1:31:10]
have industrial uses nearby. You have a
[1:31:13]
mixed use with the apartment complex and
[1:31:15]
the remaining are are commercial. Um
[1:31:19]
none of these operators in this
[1:31:21]
district, even in the industrial zone,
[1:31:23]
are heavy manufacturers, so to speak. I
[1:31:27]
mean, these are all essentially light
[1:31:28]
industrial and largely compatible um and
[1:31:32]
how they function. Um the the same area
[1:31:37]
is also zone I'm sorry from your land
[1:31:39]
use planning um mixed use. So it's
[1:31:42]
looking to find a a balance between
[1:31:45]
commercial industrial potentially even
[1:31:50]
different kinds of of commercial space.
[1:31:53]
Um so that that's your your comp plan
[1:31:56]
zoning. Um but a text amendment is
[1:31:59]
important to understand also applies in
[1:32:02]
not just in one space. It applies at all
[1:32:05]
your B3 districts. Um and in in your
[1:32:08]
city in in East Bethl um you have this
[1:32:11]
area largely south of Viking, south of
[1:32:14]
by the holiday or the Circle K and the
[1:32:16]
Quick Trip. Um you have this space um
[1:32:20]
further north um near Minnesota farms
[1:32:24]
and then and then the land um I believe
[1:32:27]
this is Sims on this scale. Um so you
[1:32:29]
have a smattering of these parcels um
[1:32:32]
across the city but in terms of um
[1:32:35]
they're all within your commercial
[1:32:36]
corridor which you have identified as
[1:32:38]
roughly within a thousand feet 1500 feet
[1:32:41]
of your 36 of your 65 corridor. Um,
[1:32:46]
so that's that's kind of the the basis
[1:32:48]
of that. Um,
[1:32:55]
planning commission held a public
[1:32:56]
hearing on July 28th, reviewed the
[1:32:58]
proposed amendment, considered staff
[1:33:00]
reports and exhibits, certainly received
[1:33:02]
public testimony, and ultimately adopted
[1:33:04]
a resolution of support which is in your
[1:33:06]
packet PC
[1:33:08]
uh 26-11 recommending approval.
[1:33:13]
Um the amendment I just to reiterate a
[1:33:16]
little bit the amendment would um
[1:33:18]
maintain a conditional use permit for a
[1:33:22]
building such as this. So a multi-tenant
[1:33:25]
building could not just show up and a
[1:33:28]
developer could not just show up and
[1:33:29]
propose a building like this. You would
[1:33:31]
still have a site plan review and the
[1:33:33]
building itself operates and can only be
[1:33:36]
placed by a conditional use permit. Um
[1:33:40]
so you would always have another way to
[1:33:42]
review you uh the applicant um before
[1:33:45]
they could build a structure like this
[1:33:48]
or how the site plan works or their
[1:33:50]
potential tenant mix. Um the second
[1:33:53]
piece of that is when a building were to
[1:33:56]
go in, some of the applicants, as you'll
[1:33:59]
hear tonight, must then receive an
[1:34:02]
additional conditional use permit. In
[1:34:04]
this case, a place of worship um under
[1:34:07]
your B3 code. So, in a lot of ways, this
[1:34:10]
does offer a lot of flexibility to the
[1:34:12]
land owner um in your B3 district.
[1:34:16]
However, I think it provides the city
[1:34:18]
with a pretty um pretty strong capacity
[1:34:23]
to review each each site on a case-byase
[1:34:27]
basis. Again, with the goal of
[1:34:28]
preventing noise, incompatibility,
[1:34:32]
um and and um other things that may
[1:34:35]
affect the neighborhood. Last thing I'd
[1:34:38]
add is your B3 district um can already
[1:34:43]
enable or permit um uses that may well
[1:34:46]
exceed a neighborhood impact such
[1:34:48]
compared to a building like this for
[1:34:50]
example um a holiday a quick trip which
[1:34:54]
is a B3 district certainly has a lot of
[1:34:57]
traffic certainly has a lot of light
[1:34:59]
certainly has a lot of noise whereas
[1:35:01]
this flex building is intended to um be
[1:35:05]
more employmentbased
[1:35:07]
um and and not have that uh high
[1:35:10]
commercial capacity. Um so again, the
[1:35:14]
planning commission did make a
[1:35:15]
recommendation for it. Uh certainly
[1:35:17]
staff also believes that the proposed
[1:35:20]
amendment is reasonable and provides a
[1:35:22]
controlled zoning pathway for modern
[1:35:24]
commercial employment oriented building.
[1:35:27]
Um
[1:35:29]
the amendment preserves a B3 zoning
[1:35:31]
framework, maintains city review
[1:35:33]
authority um throughout the process and
[1:35:36]
includes limitations to prevent
[1:35:38]
incompatible uses. Um so ultimately
[1:35:42]
staff would also recommend um approval
[1:35:45]
and in your packet there is um city
[1:35:48]
ordinance and this is again done by
[1:35:49]
ordinance um
[1:35:53]
city ordinance
[1:35:55]
2026-02.
[1:35:58]
Um and that language as I shown is
[1:36:00]
embedded in this. The rest is you know a
[1:36:02]
lot of legal ease. no offense our city
[1:36:04]
attorney. But uh one thing I did want to
[1:36:08]
note in this resolution is section four
[1:36:11]
um is that this ordinance like all
[1:36:13]
ordinances would ultimately have to be
[1:36:14]
published for it to come into effect. We
[1:36:16]
would withhold the publishing until um
[1:36:19]
the related development um would uh
[1:36:23]
potentially
[1:36:25]
be fully approved which we'll talk about
[1:36:27]
next. the development agreement signed
[1:36:30]
the plat done um and once all those
[1:36:33]
securityers are in place uh these would
[1:36:36]
then be published. So, some a lot of
[1:36:39]
cities do um approve a
[1:36:44]
a development with a resoning, but if
[1:36:46]
the resoning uh doesn't go through or
[1:36:49]
isn't or isn't triggered um or I'm
[1:36:52]
sorry, they'll approve a project with a
[1:36:54]
building, a development um with a
[1:36:56]
resoning, but if they don't do the
[1:36:58]
development, the resoning doesn't
[1:37:00]
doesn't uh go into effect. So, one
[1:37:02]
begets the other. So, with that, that's
[1:37:04]
a lot. Um, and that is our
[1:37:07]
recommendation to you all to adopt
[1:37:09]
ordinance 2026-02.
[1:37:13]
» I have a suggestion. Can we take off the
[1:37:16]
cannabis stuff off the list and if it
[1:37:19]
means even if it means changing an or
[1:37:22]
ordinance to limit the city of East
[1:37:24]
Bethl to one cannabis place because we
[1:37:27]
already have that. We don't need
[1:37:28]
anymore.
[1:37:30]
Um, and I've certainly deferred to the
[1:37:32]
city attorney about how that could be.
[1:37:35]
Um, I do know that the cannabis elements
[1:37:39]
um and the limitations would be carried
[1:37:41]
through to this building. This building
[1:37:42]
would not
[1:37:44]
be granted anything additional other
[1:37:47]
than is already propo already limited by
[1:37:50]
statute. Um,
[1:37:51]
» Because cannabis is on its first list
[1:37:54]
that says it's approved and I'm like no,
[1:37:56]
» It is it is an approved. it is approved
[1:37:58]
in
[1:38:00]
in your B3 district.
[1:38:05]
So So I think what he's saying is that
[1:38:07]
that that that this type of building
[1:38:10]
could still have in it uses that already
[1:38:13]
are already approved for that type of
[1:38:15]
dis in that district. It doesn't mean
[1:38:16]
that there going to be any more and the
[1:38:18]
the number of cannabis retail operations
[1:38:21]
and so forth is limited by the uh state
[1:38:24]
statute to by population. So that this
[1:38:26]
won't change that or add additional
[1:38:29]
cannabis businesses,
[1:38:31]
» But that is already a permitted use
[1:38:32]
within D3.
[1:38:33]
» But can we prevent any cannabis
[1:38:37]
» In these buildings
[1:38:37]
» Uses in those buildings? Can we can we
[1:38:41]
create an ordinance that says we can
[1:38:43]
only have one in the city and which we
[1:38:45]
kind of already have? Uh can we um
[1:38:49]
» We have an ordinance that says we can
[1:38:50]
have two.
[1:38:52]
» Yeah. Uh I believe one of the conditions
[1:38:54]
is a th00and foot radius. Uh is would
[1:38:59]
this flex building be within the
[1:39:01]
thousand foot radius? It remember the
[1:39:04]
the flex building
[1:39:07]
ordinance
[1:39:08]
um if adopted would apply at all your B3
[1:39:12]
districts. So when an applicant would
[1:39:13]
come in you could do that
[1:39:17]
radius at that time. um if this were in
[1:39:22]
effect and they built their building at
[1:39:24]
a in a in a oper and I'm certainly
[1:39:27]
deferring anyone here. So, and they they
[1:39:29]
they came in and and wanted to go into
[1:39:32]
one of these shops or one of these
[1:39:33]
spaces. Um at that point, we'd have to
[1:39:36]
do the analysis and say where are they
[1:39:38]
and where are the current ones and is
[1:39:40]
there a license available if I'm not
[1:39:43]
mistaken.
[1:39:44]
But if a church were in there, a
[1:39:46]
cannabis place wouldn't be allowed,
[1:39:48]
right?
[1:39:49]
» I whatever the statute or the ordinance
[1:39:51]
would preclude it, right?
[1:39:52]
» You know,
[1:39:54]
geographication.
[1:39:58]
So, if if the council wanted to um
[1:40:03]
suggest a further amendment to the
[1:40:06]
prohibited uses,
[1:40:08]
» Um
[1:40:10]
» I don't know how I if the council wanted
[1:40:12]
to to further limit the uses of a flex
[1:40:15]
building because this is the first time
[1:40:17]
a flex building is going to be approved.
[1:40:19]
If you wanted to, you know, manage it
[1:40:21]
down to that, you you could do that. So
[1:40:24]
you could [clears throat] say flex
[1:40:25]
building is approved. But since it's a
[1:40:28]
new thing, despite the fact that having
[1:40:32]
met all the other regulations and all
[1:40:33]
the other ordinances, a cannabis retail
[1:40:37]
establishment could be in that B3 zone.
[1:40:40]
You can say it can't be in a B in a flex
[1:40:42]
building in B3 zone.
[1:40:43]
» Let's do that.
[1:40:45]
» It cannot be in a flex building.
[1:40:48]
So, it would be we'd have to tweak the
[1:40:50]
language on this a little bit, but if
[1:40:51]
that's what the council wants, that can
[1:40:53]
be done.
[1:40:53]
» I mean, that's my my opinion. It's up to
[1:40:56]
you guys, but my opinion is stop as much
[1:40:59]
of that as I can out here.
[1:41:02]
» I agree with what you're saying for sure
[1:41:04]
on that with the flex buildings. I got a
[1:41:07]
question too with the flex buildings.
[1:41:08]
Now, are they do we have a distance that
[1:41:11]
they're going to be off the main highway
[1:41:13]
like a half a mile or whatever it is?
[1:41:15]
» No, there's only So it would only be
[1:41:18]
applicable in your B3 district. Um so
[1:41:22]
which which in your B3 district most of
[1:41:24]
these are um within that within that
[1:41:28]
range.
[1:41:29]
» The range.
[1:41:29]
» Yeah.
[1:41:30]
» Because I know a lot of them are, you
[1:41:31]
know, concrete buildings and stuff like
[1:41:33]
that where this is a steel frame
[1:41:36]
building.
[1:41:37]
And I'm just wondering, my opinion is
[1:41:40]
that if uh we mix them in with these
[1:41:44]
other buildings that are businesses
[1:41:46]
[clears throat] that have spent millions
[1:41:48]
of dollars building these buildings, how
[1:41:51]
is that going to look to them or the
[1:41:55]
residents?
[1:41:57]
You know what I mean? It's like they're
[1:41:58]
a nice looking building, the flex
[1:41:59]
buildings. But
[1:42:01]
» Well, this is one design um from this
[1:42:03]
applicant uh for example. Um and in in
[1:42:08]
reviewing it, they're in compliance with
[1:42:10]
your city's um architectural standards.
[1:42:14]
» Okay.
[1:42:15]
» Um your your architectural standards
[1:42:17]
don't stipulate concrete tip up
[1:42:19]
building. It stipulates.
[1:42:20]
» So the front elevation would be
[1:42:23]
» The the top one and that would face 65.
[1:42:26]
» Right. Okay.
[1:42:27]
» So the sides could be steel. Well, the
[1:42:31]
the applicant
[1:42:32]
» Well the that is I mean certainly the
[1:42:34]
applicant is is present and they could
[1:42:36]
talk about the the materials but they're
[1:42:39]
they are uh
[1:42:42]
they they did bring
[1:42:45]
um material samples to the planning
[1:42:48]
commission and I believe they found
[1:42:50]
those to be quite favorable. Um those
[1:42:54]
are wood composite and uh the structural
[1:42:57]
steel side um the gray areas were
[1:43:02]
textured. It's not the traditional maybe
[1:43:05]
that we all might know a pole building
[1:43:07]
to be your
[1:43:08]
» I mean that's came a long ways.
[1:43:09]
» Yeah. I don't think that's again I'm not
[1:43:12]
an architect. I mean that's a flavor
[1:43:14]
thing, right? But I I think it it it
[1:43:17]
certainly met the the intent of your the
[1:43:19]
amount of glazing, the glass, the the
[1:43:22]
eyebrows, the overhangs. Certainly it it
[1:43:26]
it it's an attractive looking building.
[1:43:29]
» Um but your code does not stipulate
[1:43:33]
concrete.
[1:43:33]
» Okay.
[1:43:36]
» That's all I got.
[1:43:41]
» Um for the sake of and to to council
[1:43:44]
member 's comment and maybe what you
[1:43:46]
folks might desire. Um there is a there
[1:43:50]
is a time and question at least in terms
[1:43:52]
of working with this applicant. Um uh
[1:43:58]
if there was an amendment to the
[1:43:59]
prohibited uses
[1:44:01]
um under in your ordinance
[1:44:17]
where it says prohibited uses. Um,
[1:44:22]
I think we'd have to words smmith that a
[1:44:23]
little bit, but would you be comfortable
[1:44:25]
with passing in this ordinance with
[1:44:30]
allowing staff to fill in that blank
[1:44:32]
basically prohibiting uh cannabis
[1:44:35]
related businesses?
[1:44:36]
» Yes. Yes. In fact, if it's resolution
[1:44:39]
202637,
[1:44:41]
I was going to say that with the
[1:44:42]
condition that
[1:44:44]
» That cannabis use be prohibited.
[1:44:47]
» Would this uh Mr. Bergland, is that okay
[1:44:50]
from your standpoint if we do that or
[1:44:52]
» Yes. Okay.
[1:44:54]
» We would try to keep it simple and and
[1:44:56]
straightforward. Um but if if you're
[1:44:59]
comfortable with that, then what we have
[1:45:01]
before you would be ordinance 2026-02
[1:45:05]
um with uh that change relating to
[1:45:08]
prohibiting cannabis related businesses.
[1:45:14]
» So I have to say ordinance 202602
[1:45:18]
» 2026-2.
[1:45:23]
» Oh, okay. All right. Right. I'll make a
[1:45:25]
motion to approve ordinance 2026-02
[1:45:28]
with the condition that staff modifies
[1:45:32]
prohibited use to include cannabis I
[1:45:36]
businesses.
[1:45:39]
» Second. Have a motion and second. Any
[1:45:42]
further discussion?
[1:45:45]
» None being heard. All those in favor?
[1:45:48]
Motion passes.
[1:46:16]
your next one there, Eric.
[1:46:18]
» Oh, I'm sorry, Mayor. I was waiting for
[1:46:20]
you. Uh, yes. Uh, thank you again. Um,
[1:46:24]
again, I talked about a lot of these
[1:46:26]
things are interlacing, so I I'll I'll
[1:46:28]
spare you all. the the planning
[1:46:30]
commission uh three-hour marathon, but
[1:46:32]
you'll see see some some similar maps.
[1:46:35]
Um again, uh final approach development
[1:46:39]
um have requested review of a
[1:46:41]
preliminary plat final plat and
[1:46:43]
conditional use permanent site plan
[1:46:45]
review for um their plat entitled final
[1:46:49]
approach east bethl edition located
[1:46:53]
uh east of Ulysi Street, west of Highway
[1:46:55]
65. The proposal ultimately includes
[1:46:58]
approximately 21,600 foot multi-tenant
[1:47:01]
business flex building. Now again,
[1:47:03]
you've approved the the
[1:47:06]
philosophy of the text amendment. Um
[1:47:08]
together parking, loading areas,
[1:47:10]
internal circulation, water, sewer
[1:47:12]
extensions, grading, storm water
[1:47:14]
facilities, etc. Again, the property is
[1:47:17]
zone B3 um have a commercial mixeduse
[1:47:21]
under the comprehensive plan and located
[1:47:23]
within the city's um metropolitan urban
[1:47:26]
service area. Planning commission did
[1:47:28]
review this application
[1:47:30]
um uh the submitted plans, reports,
[1:47:33]
engineering exhibits, public testimony.
[1:47:35]
It's July 28th meeting and recommended
[1:47:39]
adoption of the proposed plan um in
[1:47:42]
their resolution PC26-12.
[1:47:46]
Um and this is the uh proposed site. You
[1:47:51]
see the um the building that I showed
[1:47:54]
the elevations of would sit in in in
[1:47:57]
this location just east of Ulissi
[1:47:59]
Street. The developer would be required
[1:48:01]
to extend Ulissi Street down here um
[1:48:04]
south of the two apartment complexes. Um
[1:48:09]
an appropriate culdeac. There are util
[1:48:12]
water and sewer utilities that would
[1:48:13]
have to be extended south from uh
[1:48:17]
Ulisses and 185th. These would be their
[1:48:21]
expense. Um the site uh has adequate
[1:48:26]
parking. Um they have adequate storm
[1:48:29]
water facilities located south of the
[1:48:32]
parking lot. There's also some uh storm
[1:48:35]
water facilities uh just adjacent to the
[1:48:38]
culde-sac. Um city engineers reviewed
[1:48:41]
these uh the submission from a plat
[1:48:44]
appropriateness and um and ability to
[1:48:47]
achieve all the city's rules. Um
[1:48:49]
certainly there'll always be some tweaks
[1:48:50]
and adjustments, but um found that to be
[1:48:53]
favorable. Um from a traffic impact
[1:48:56]
standpoint, the applicant did bring a
[1:48:58]
traffic analysis um it was reviewed by
[1:49:01]
by the city and there were no
[1:49:02]
anticipated level of service impacts um
[1:49:05]
at 183rd
[1:49:08]
um by um Holiday and its interface with
[1:49:11]
Highway 65. Um
[1:49:15]
the remaining sites to the west will
[1:49:18]
remain in an outlot. A um certainly the
[1:49:21]
developer uh has uh uh thoughts to um do
[1:49:27]
some building uh in the high ground or
[1:49:29]
the non-wetland areas potentially here
[1:49:32]
and then over on the western side of the
[1:49:35]
site. Um most of outlot A is encumbered
[1:49:38]
by wetlands. There is a a county
[1:49:41]
drainage ditch that lies to the south.
[1:49:44]
Um u but as far as the site conditions
[1:49:47]
go, the the primary goal is this upper
[1:49:50]
right hand corner um is uh
[1:49:55]
positive. Um
[1:49:58]
ultimately if this were approved
[1:50:01]
um preparation and development agreement
[1:50:03]
addressing the extension of utilities
[1:50:05]
from Ulysi Street, water and sewer
[1:50:07]
extensions, drainage and storm water um
[1:50:10]
elements would have to be dealt with.
[1:50:11]
financial securities, inspection costs,
[1:50:13]
what have you. Um, we would bring that
[1:50:16]
development agreement back to you for
[1:50:18]
final approval once that were uh
[1:50:20]
ultimately negotiated and and set up.
[1:50:22]
But again, all of those costs largely
[1:50:24]
remain with the developer. Um,
[1:50:28]
uh, the the parking
[1:50:30]
uh, let's see if I too many of the same
[1:50:33]
maps. I'm sorry. Uh, see if I can zoom
[1:50:37]
in here.
[1:50:55]
We talked about the CUP um and their
[1:50:59]
building and what they may or may not
[1:51:00]
use and no cannabis operations. Um but
[1:51:04]
there they did uh have adequate parking.
[1:51:07]
of 194 stalls is on the field. Um and
[1:51:12]
that can be probably reduced to some
[1:51:14]
extent to based on um any any final
[1:51:17]
design. We want to make sure there is
[1:51:19]
traffic circulation for um fire trucks.
[1:51:22]
The fire chief has reviewed this and I
[1:51:24]
believe they've come into agreement with
[1:51:26]
the engineer on the turning radiuses. Um
[1:51:31]
uh their final landscaping, lighting,
[1:51:34]
signage, trash screening, and rooftop
[1:51:36]
equipment screening and building
[1:51:37]
elevations all are in compliance with
[1:51:39]
the city's uh requirements, full cutoff
[1:51:42]
lighting, uh landscaping, what have you.
[1:51:45]
Um the applicant did accommodate um some
[1:51:50]
endangered plants in this area here. So
[1:51:53]
they did shift some of these things to
[1:51:55]
the west um for the storm water. So, and
[1:51:59]
there will need to be an easement
[1:52:02]
provided to the city from this property
[1:52:04]
owner, which uh will be the applicant's
[1:52:07]
uh responsibility to secure um because
[1:52:10]
this curve just nicks this corner a
[1:52:13]
little bit. Um but I believe they've
[1:52:15]
addressed that and but ultimately
[1:52:17]
that'll be need to be conveyed to the
[1:52:18]
city an appropriate roadway easement. Um
[1:52:27]
the city the the resolution ultimately
[1:52:29]
if you consider that would require
[1:52:31]
additional traffic analysis or
[1:52:33]
corrective improvements if future
[1:52:35]
tenants or operational changes created
[1:52:38]
congestion queuing or unsafe unsafe uh
[1:52:41]
turning movements or emergency access
[1:52:44]
problems. Um and any future building
[1:52:47]
expansion or you know meaningful changes
[1:52:49]
there would have to come back to the
[1:52:52]
city potentially for site plan review or
[1:52:54]
an amended uh conditional use permit. Um
[1:52:57]
the site does show a a place for
[1:53:00]
potential future expansion. At this
[1:53:02]
point there'll just be uh sod or grass
[1:53:05]
um some landscaping uh what have you but
[1:53:08]
something to I think that's in their
[1:53:09]
vision. Um,
[1:53:12]
so I mentioned the planning commission
[1:53:14]
did uh approve this uh
[1:53:18]
uh preliminary plat and final plat um
[1:53:22]
and uh the site plan and the conditional
[1:53:25]
use permit for that flex building. Um
[1:53:29]
staff I think also has uh support of
[1:53:33]
this for their preliminary plat final
[1:53:35]
plat. It provides an acceptable
[1:53:37]
subdivision framework that the proposed
[1:53:39]
business flex building can easily
[1:53:41]
satisfy uh the requirements of the
[1:53:44]
conditional use permit standards and the
[1:53:46]
site provides adequate physical
[1:53:48]
framework for development. So, if you uh
[1:53:51]
think this is of of value or if you have
[1:53:54]
certainly have questions, um uh staff
[1:53:58]
would recommend adoption of resolution
[1:54:00]
2026-37
[1:54:03]
um approving the preliminary plat final
[1:54:06]
plat conditional use permit and site
[1:54:08]
plan substitute the findings and
[1:54:10]
conditions contained in that resolution.
[1:54:13]
So,
[1:54:14]
» Okay. My question is, [clears throat]
[1:54:17]
» Is the traffic going to be coming down
[1:54:19]
from Jackson or to from Viking? Where
[1:54:23]
where are they going to turn in to get
[1:54:25]
into there? Are they they're not coming
[1:54:26]
off at 65 to get in there? Right.
[1:54:29]
» Uh, council member Urkl, no, they don't
[1:54:31]
have any permits from Mandot. I suspect
[1:54:34]
they'd love to have them, but it's
[1:54:36]
probably highly unlikely that Bindat
[1:54:38]
would grant um an access, but they're
[1:54:41]
going to largely come in from 187th by
[1:54:44]
the Holiday or Circle K, whatever
[1:54:46]
they're now. Um and then south on Ulyses
[1:54:49]
down to the Culdeac.
[1:54:51]
» Okay.
[1:54:53]
Do they have access to Viking, too? I
[1:54:56]
mean, can they come off of Viking up
[1:54:58]
there too somewhere or is it just going
[1:55:00]
to be 187?
[1:55:01]
» It's 100. It's Well, I think they can
[1:55:04]
connect.
[1:55:05]
» Yes, there's access for biking.
[1:55:07]
» I can't see it very good from here,
[1:55:10]
» But I would argue most of it's going to
[1:55:11]
come from Highway 65.
[1:55:13]
» You can goes north, curves to the west,
[1:55:17]
turns into 189th, and you can either
[1:55:20]
access Jackson right from there or turn
[1:55:24]
to the north and go up to Viking.
[1:55:26]
» Yeah, they're definitely going to need a
[1:55:28]
traffic analysis because if there's
[1:55:30]
going to be con
[1:55:32]
considerable more traffic that because
[1:55:34]
that's where the theater is, that's
[1:55:36]
where Holiday is
[1:55:38]
and then a lot more traffic. They might
[1:55:40]
need to extend that turn lane or
[1:55:44]
something. Um yes, mayor and council,
[1:55:46]
they they did provide a traffic
[1:55:48]
analysis. Um and their level the city
[1:55:51]
operates on a level of service uh
[1:55:53]
capacity basically looking to not
[1:55:56]
trigger a level of service um
[1:56:01]
level D A being the best and E or
[1:56:05]
something worse than that uh being and
[1:56:08]
that really relates to queuing time. Um
[1:56:11]
and and that queuing time is not effect
[1:56:13]
anticipated to be affected at at the
[1:56:16]
closest point of connection to uh the
[1:56:19]
state trunk highway. But there is a
[1:56:21]
caveat in the resolution that says
[1:56:22]
should things or conditions change that
[1:56:24]
we can justifiably attribute to their
[1:56:27]
uses that you would have the ability to
[1:56:30]
go back and and address that. Um, which
[1:56:34]
maybe goes back to my earlier point of
[1:56:36]
or the earlier analysis that if
[1:56:39]
I don't know if if it's a McDonald's
[1:56:42]
here, um, I'm not saying it would go in
[1:56:44]
or anything like that, but that would
[1:56:46]
that would be far more traffic demand.
[1:56:49]
That would be a permitted use, um, than
[1:56:52]
this proposed use. Um, yes, they would
[1:56:57]
probably have some improvements to make
[1:56:58]
at 65, but in terms of it's uh traffic
[1:57:02]
down Ulisses and at 81 185th or noise or
[1:57:05]
light, it's probably a far more passive
[1:57:08]
use.
[1:57:09]
» Not that I'm just thinking of Sundays
[1:57:11]
with all the
[1:57:13]
» Traffic coming south and then the church
[1:57:16]
on Sundays and I'm like the holiday gets
[1:57:19]
busy on Sundays. Well, we'll talk about
[1:57:21]
that potentially at the next
[1:57:23]
[clears throat] uh phase of this uh
[1:57:24]
conversation. Yeah, you make a good
[1:57:26]
point.
[1:57:27]
» Okay.
[1:57:29]
» I got a question too like Okay, you were
[1:57:31]
saying the roads might have to be
[1:57:32]
extended the sewer and water also. Is
[1:57:36]
the developer paying for that?
[1:57:37]
» Yes, that is all at the expense of the
[1:57:39]
developer.
[1:57:40]
» Okay. Thank you.
[1:57:45]
» Okay. Yeah. I'm sorry.
[1:57:47]
Make a motion to approve resolution
[1:57:50]
2026-37
[1:57:52]
approving the plinary plat final plaque
[1:57:54]
conditional use permit and site plan
[1:57:57]
review subject to the findings and
[1:57:58]
conditions contained in the proposed
[1:58:01]
city council resolution.
[1:58:03]
» Second
[1:58:04]
» Motion a second. Any further discussion?
[1:58:08]
None being heard. All those in favor?
[1:58:11]
» I opposed. Unheard.
[1:58:14]
Item three.
[1:58:20]
» So, Council Member Urkel, if I don't
[1:58:21]
touch on church traffic, you know, you
[1:58:23]
let me know.
[1:58:33]
Again, the same same uh sites and and
[1:58:37]
conditions we've talked about before.
[1:58:39]
Um, final approach development has
[1:58:40]
requested a conditional use permit to
[1:58:42]
allow renovation church to occupy um
[1:58:45]
approximately 15,000 square feet of this
[1:58:48]
proposed 21,600 ft² business flex
[1:58:51]
building. The main assembly area um is
[1:58:55]
anticipated to accommodate up to 400
[1:58:57]
seats. Again, the property is zone B3
[1:59:01]
where a place of worship is allowed by
[1:59:03]
conditional use permit. Um that site is
[1:59:06]
again guided mixed use under the
[1:59:07]
comprehensive plan.
[1:59:09]
Planning commission held a public
[1:59:12]
hearing and found the application to be
[1:59:15]
favorable and adopted uh their
[1:59:17]
resolution PC26-13
[1:59:20]
recommending approval of this proposal
[1:59:22]
subject to subject to conditions. Um
[1:59:26]
let's see.
[1:59:29]
zoom in on this one because it's just
[1:59:32]
the easiest.
[1:59:39]
The principal issues uh in this case of
[1:59:41]
a of a place of worship in this building
[1:59:43]
are parking, traffic circulation,
[1:59:45]
emergency access, and compatibility with
[1:59:47]
other buildings, tenants or certainly
[1:59:49]
the area. The city requires one parking
[1:59:52]
space for every three seats of a of a
[1:59:54]
place of worship. Thus, a 400 seat uh
[1:59:58]
assembly area requires 134 parking
[2:00:00]
spaces.
[2:00:02]
The applicant certainly has enough
[2:00:04]
parking capacity at the site at 195
[2:00:07]
spaces. However, at least when we were
[2:00:08]
reviewing this plan originally, 34
[2:00:11]
spaces were shown um in the uh truck
[2:00:14]
maneuvering area um which are uh just to
[2:00:17]
the west of the these drive-in doors and
[2:00:20]
the loading dock. the applicant has made
[2:00:23]
some adjustments um uh to get rid of
[2:00:26]
those directly. And the applicant uh or
[2:00:30]
the the the renovation church would be
[2:00:32]
the tenant would be required to if they
[2:00:35]
needed to put in some temporary uh
[2:00:38]
parking banding or or signage there if
[2:00:42]
they wanted to use those sites. Um but
[2:00:45]
it would not be permanently striped um
[2:00:48]
so as to make sure that other tenants at
[2:00:52]
this building could could use that. Um
[2:00:55]
renovation church is proposing to use
[2:00:58]
you know three quarters of the building.
[2:00:59]
So how they all fit together will be the
[2:01:01]
responsibility of the applicant. Again,
[2:01:04]
the city's goal is a quality building,
[2:01:06]
quality neighbor, um, and uh, how they
[2:01:10]
interrelate uh, through the streets, and
[2:01:13]
it's the owner's responsibility to make
[2:01:16]
sure they all get along and work
[2:01:18]
together, which I'm sure is always so
[2:01:19]
easy.
[2:01:22]
So anyway, um
[2:01:28]
the proposed conditions in your in your
[2:01:30]
resolution construction on of the entire
[2:01:33]
business flex building. So they couldn't
[2:01:35]
parse out a different section of the
[2:01:37]
building or couldn't only build part of
[2:01:38]
the building. They would have to build
[2:01:40]
the entire complete building. um
[2:01:44]
approval of final floor plans, uh
[2:01:47]
occupant load calculations, parking
[2:01:49]
calculations, fire lane delineations um
[2:01:51]
would all have to be again reverified
[2:01:53]
prior to the issuance of a building
[2:01:56]
permit. Um this drawing does show um the
[2:02:02]
the firetruck turning movements um and
[2:02:06]
and the fire chief and the applicants
[2:02:08]
engineer has sorted those things out
[2:02:10]
appropriately. But we'll we will verify.
[2:02:13]
Um the coordination of the church and
[2:02:15]
tenant operations or parking and loading
[2:02:17]
conflicts do not occur is important.
[2:02:20]
Implementation of any additional traffic
[2:02:22]
control measures required by the city
[2:02:24]
including licensed law enforcement
[2:02:26]
traffic control at the applicant's
[2:02:29]
uh expense. Um, and what I mean by that
[2:02:32]
is on a Sunday,
[2:02:34]
um, if you do have a lot of traffic,
[2:02:38]
um, that
[2:02:41]
if they they the church or the owner or
[2:02:44]
the the applicant, um, is trying to do
[2:02:47]
some kind of site traffic management
[2:02:50]
with an individual out there with cones
[2:02:52]
or flags, they would not be allowed to
[2:02:54]
do that in the public right away. if
[2:02:55]
they want to do that in their in their
[2:02:58]
parking lot, I I guess we have no
[2:02:59]
objection to it. Um, but the part that
[2:03:02]
would be outside of that and in the
[2:03:04]
public right away if it were needed, um,
[2:03:08]
they would have to engage with the
[2:03:09]
sheriff's office and and pay for that
[2:03:11]
independently.
[2:03:14]
Um, compliance with all building, fire
[2:03:17]
accessibility, utility, and occupancy
[2:03:19]
requirements. Again, that's part of the
[2:03:21]
building construction process. We don't
[2:03:23]
know the final layouts inside the
[2:03:25]
building yet. Um but that will relate to
[2:03:28]
total occupancy. Um and the building
[2:03:31]
official will sort that out. Um and
[2:03:34]
ultimately city would review any
[2:03:36]
separate outdoor event requests,
[2:03:38]
temporary promotional signs or material
[2:03:40]
changes to seating, parking, circulation
[2:03:43]
or any operations. Um so um ultimately
[2:03:48]
the planning commission again supported
[2:03:49]
the proposal um in terms of its
[2:03:52]
compatibility with the uh
[2:03:56]
adjacent uses. Um you have a robust
[2:04:01]
very busy area there but with the church
[2:04:06]
um like most churches they operate on
[2:04:08]
Sunday. So many of these sites won't be
[2:04:12]
operating full capacity at that time. So
[2:04:14]
you'll have a you'll have a a probably
[2:04:17]
less of an impact on a Sunday versus
[2:04:19]
like on a Tuesday morning for example.
[2:04:22]
Um the applicant uh and their tenant
[2:04:25]
renovation church does not expect to
[2:04:28]
have significant uh daytime uses during
[2:04:31]
the week. Maybe they'll have some
[2:04:33]
classes or or or the like. Um maybe some
[2:04:37]
minor office presence, but they're not
[2:04:39]
proposing any major operations or or
[2:04:42]
services during the week. Um they're
[2:04:45]
proposing two services on Sunday if I
[2:04:47]
remember 9 or 10:30 or maybe it was 10
[2:04:49]
or 11:30 I forget. It is in the report.
[2:04:52]
Um
[2:04:54]
so again the the they should fit in
[2:04:57]
nicely to the building. They should fit
[2:04:59]
in nicely to the area and uh staff would
[2:05:04]
mirror the recommendation of the
[2:05:06]
planning commission to approve
[2:05:09]
resolution number 2026-38.
[2:05:14]
Stand for any questions.
[2:05:15]
» Make a resolution to Make a motion to
[2:05:18]
approve resolution number 2026-38
[2:05:22]
approving the conditional use permit
[2:05:25]
subject to the findings and conditions
[2:05:27]
contained in the resolution.
[2:05:29]
» Second.
[2:05:30]
» Motion a second. Any further discussion?
[2:05:34]
None being heard. All those in favor?
[2:05:36]
» I opposed.
[2:05:39]
» Passes item four. All right.
[2:05:49]
Okay. Mayor and Council, I forget when
[2:05:52]
we uh when we chatted about this. Um
[2:05:56]
maybe it was a month and a half ago, two
[2:05:59]
months ago where um the city council
[2:06:03]
would potentially consider some
[2:06:05]
amendments to your to your minor
[2:06:07]
subdivision or administrative
[2:06:09]
subdivision rules. And if you recall, it
[2:06:13]
was about a simple lot split.
[2:06:16]
And um your current ordinance uh
[2:06:21]
basically prohibits a a simple lot split
[2:06:24]
uh if it happens once, but um there is
[2:06:27]
no look back period. If you did it once
[2:06:29]
in 1942 or 1987
[2:06:33]
um then you couldn't do a simple lot
[2:06:35]
split again. The challenge with that is
[2:06:37]
we as staff and probably many owners
[2:06:41]
don't have a deep history of that. And
[2:06:44]
um so if they do have some lot splits
[2:06:47]
they'd like to take care of, we've
[2:06:50]
talked about doing a 10-year look back.
[2:06:52]
10 years being the thought that there's
[2:06:55]
enough local local knowledge or history,
[2:06:58]
county data might be up to speed about
[2:07:01]
property trans property ownership
[2:07:03]
changes um and that we can have a
[2:07:07]
legitimate conversation about did it
[2:07:09]
occur recently. The concern, however, is
[2:07:11]
does it does it circumvent the
[2:07:13]
subdivision ordinance um and uh so the
[2:07:18]
planning commission talked about it and
[2:07:19]
they did support the language shown on
[2:07:21]
the screen and it's in your packet to
[2:07:23]
allow a 10-year look back period. Um it
[2:07:26]
does not um
[2:07:29]
change the requirements of the lot size.
[2:07:31]
It does not change requirements of the
[2:07:33]
land use. It does not change um lot size
[2:07:38]
requirements or frontage requirements um
[2:07:41]
or wetland requirements. Really, all it
[2:07:44]
does is give somebody a one-time ability
[2:07:47]
to split their lot.
[2:07:49]
If they wanted to do it before the end
[2:07:52]
of the 10-year period, well, then they
[2:07:54]
could go through a traditional
[2:07:55]
subdivision process under chapter 66.
[2:07:58]
Certainly, it's more expensive. Um but
[2:08:00]
really that's that's what you're what
[2:08:03]
you're what you're dealing doing in this
[2:08:05]
case. Second half of their conversation
[2:08:09]
um that you recall and you folks had was
[2:08:12]
um cleaning up the and cleaning up the
[2:08:15]
language that that sought to um or had a
[2:08:19]
conflict in
[2:08:21]
who gets to make the approval of the of
[2:08:24]
the of the sub whom who subdivision.
[2:08:28]
Um in this case uh the planning
[2:08:31]
commission uh took this language up um
[2:08:34]
where it's responsibility of staff to
[2:08:37]
provide a staff report to make a
[2:08:39]
recommendation to you but ultimately the
[2:08:41]
decision falls and lies with the
[2:08:43]
council. So that is the clarification
[2:08:46]
that we've done. Um, and so
[2:08:51]
those are the two things
[2:08:55]
» I have a question on lot splits and I
[2:08:59]
didn't see it in here but that doesn't
[2:09:01]
mean I may not have missed it.
[2:09:04]
Is there
[2:09:06]
any size limitations? I mean, I think
[2:09:09]
it's for rural it's got to be two acres.
[2:09:12]
But if you have
[2:09:15]
50 acres,
[2:09:17]
can you split off a two
[2:09:22]
if you split off and do a two acre? Um,
[2:09:25]
do you have to wait 10 years to do
[2:09:27]
another two acre or
[2:09:29]
» Yes, ma'am.
[2:09:29]
» On that 50 acres.
[2:09:31]
» Correct.
[2:09:31]
» Yeah. I mean, if they have 50 acres,
[2:09:35]
could you make it so it has to be
[2:09:38]
a minimum of a tenth of the size of
[2:09:42]
their lot. I mean, I know this isn't
[2:09:44]
something that's in an ordinance right
[2:09:46]
now, but it's just something that's been
[2:09:48]
going through my mind because I'm not
[2:09:50]
liking to see all these little lots and
[2:09:53]
then how is it a developer can come in
[2:09:56]
and
[2:09:58]
split up a lot a property into all these
[2:10:01]
different things and but a person can
[2:10:04]
only split it once.
[2:10:06]
» [laughter]
[2:10:06]
» I got you, Mayor Council. I think I'll
[2:10:09]
take a stab at it, but I'll defer to the
[2:10:11]
city attorney. But um in in our in this
[2:10:14]
case, um
[2:10:21]
if somebody has a 50 acre parcel and
[2:10:24]
they wanted to split off two acres, you
[2:10:27]
know, for it doesn't matter reason why,
[2:10:29]
but let's just say it's for their child
[2:10:31]
um or or their family, they they could
[2:10:34]
do that. and that this is what the minor
[2:10:36]
subdivision would facilitate. Um but
[2:10:39]
once they do that, they can't do it
[2:10:41]
again. Um need not on that remaining 48
[2:10:46]
acre parcel.
[2:10:48]
Um you they could go through a
[2:10:50]
subdivision process under chapter 66,
[2:10:54]
which gets to maybe your second point of
[2:10:56]
well what could a how can these
[2:10:58]
developers do that? They're just
[2:10:59]
basically platting it um at that point.
[2:11:02]
And you're and this simple lot split
[2:11:05]
really wouldn't apply.
[2:11:06]
» So I'll I'll just add to that. So So the
[2:11:08]
concept of the simple lot split is to be
[2:11:10]
a faster, less expensive opport uh
[2:11:13]
alternative for an individual homeowner
[2:11:15]
to do exactly what he just described,
[2:11:17]
splitting off a lot so their son or
[2:11:19]
daughter can build a home and they just
[2:11:21]
that's all they want to do is split one
[2:11:22]
lot. a developer who's going to plat the
[2:11:25]
property. That's a much longer, more
[2:11:27]
complicated, expensive process. And
[2:11:30]
they're doing that for a reason because
[2:11:31]
they're going to sell those lots. And so
[2:11:33]
that's why they're developing many lots
[2:11:34]
all at once. So this is the concept of a
[2:11:37]
simple lot split is so that an
[2:11:40]
individual property owner can do this,
[2:11:42]
split their property without having to
[2:11:43]
go through that same cost and expense.
[2:11:45]
And I'll just add to that they can't
[2:11:47]
they can't do it now with this
[2:11:48]
modification. They wouldn't be able to
[2:11:50]
do a second simple lot split for at
[2:11:53]
least 10 years, but then after
[2:11:55]
» I know it used to be forever. So,
[2:11:57]
» Right. Right. That's that's the major
[2:11:58]
change.
[2:11:59]
» Yeah. So, if a property owner 50 acres
[2:12:03]
splits it in half, son or daughter gets
[2:12:06]
the other half. The son or daughter
[2:12:07]
can't split, right?
[2:12:08]
» 10 years. They got to wait.
[2:12:10]
» Okay. Got it. Okay. Great.
[2:12:13]
» I think right. I'm kidding.
[2:12:16]
[laughter]
[2:12:18]
» [clears throat]
[2:12:20]
» I'll make a motion approving ordinance
[2:12:23]
number 2026-03
[2:12:27]
amending the administrative subdivision
[2:12:29]
regulations by establishing a 10-year
[2:12:32]
look back period for admin
[2:12:34]
administrative simple lot splits
[2:12:38]
clarifying the review responsibilities
[2:12:40]
of the zoning administrator and
[2:12:42]
identifying the city council as the
[2:12:44]
final approving authority.
[2:12:47]
I'll second that.
[2:12:49]
» A motion and a second. Any further
[2:12:51]
discussion?
[2:12:53]
None being heard. All those in favor?
[2:12:55]
» I opposed. Unheard. Motion passes.
[2:13:01]
See the administrator. [clears throat]
[2:13:05]
Uh Mr. Mayor and Council
[2:13:11]
» Before you here this evening is uh
[2:13:12]
resolution number 2026-41
[2:13:16]
of the declaration of a vacancy of a
[2:13:18]
city council seat [clears throat] and
[2:13:19]
consideration of appointment to that
[2:13:21]
seat. I just like to say Stacy on behalf
[2:13:24]
of the city staff our deepest
[2:13:25]
condolences to you and your family. Our
[2:13:28]
thoughts and prayers are with you.
[2:13:31]
Um,
[2:13:33]
so in a situation such as this, uh, the
[2:13:36]
council should pass a resolution,
[2:13:38]
resolution number 2026-41,
[2:13:41]
declaring a a vacant seat. And the goal
[2:13:44]
should be to fill that seat um, as soon
[2:13:47]
as possible. And there are many
[2:13:51]
different options for uh, filling that
[2:13:53]
seat, some of which I'm sure you'll be
[2:13:55]
discussing here this evening. uh the
[2:13:58]
council may appoint any individual who
[2:14:00]
is eligible bear with me
[2:14:03]
eligible uh for election to that office.
[2:14:06]
Generally to be eligible a person must
[2:14:08]
be a US citizen a resident of the city
[2:14:10]
and at least 21 years old. The council
[2:14:12]
is not obligated to appoint any
[2:14:14]
candidate previously defeated in an
[2:14:16]
election for the office. Matter of fact,
[2:14:18]
Minnesota law is is somewhat silent on
[2:14:21]
the appointment process and thus the
[2:14:23]
city council can decide how it will go
[2:14:25]
about determining
[2:14:27]
persons uh the correct persons to
[2:14:29]
appoint. Um the appointment should be
[2:14:33]
noted is a temporary basis appointment
[2:14:36]
and would need to be filled with an a
[2:14:38]
permanent election in the future. And we
[2:14:42]
have this was not a special election. it
[2:14:45]
would not trigger a special election
[2:14:46]
because we have elections coming up here
[2:14:49]
in November. So, um we uh have a couple
[2:14:54]
of different options for appointment.
[2:14:57]
You can literally appoint anyone you
[2:14:59]
want. You can um wait to appoint someone
[2:15:04]
uh once an election happens um so that
[2:15:07]
if they won the election rather than
[2:15:09]
taking office January 1, they can take
[2:15:11]
office immediately. Um you can Um
[2:15:16]
u essentially the important thing here
[2:15:19]
is twofold. To declare the vacancy, but
[2:15:21]
then secondly to have a discussion as
[2:15:23]
far as what you would like to do for an
[2:15:25]
appointment process.
[2:15:32]
Well, I don't think we should wait till
[2:15:34]
November [clears throat] to find out who
[2:15:36]
the biggest vote getter is because that
[2:15:38]
leaves that seat vacant much too long. I
[2:15:42]
think uh I haven't heard anybody else
[2:15:45]
with interest in filling the seat other
[2:15:47]
than Miss Mrs. Miller. I so I think we
[2:15:50]
should give this uh some serious
[2:15:52]
consideration. She knows a lot of
[2:15:54]
people. She uh she has been to almost
[2:15:58]
every social public event that council
[2:16:01]
has been to. Um, I know she's going
[2:16:04]
through a a difficult experience right
[2:16:06]
now, but she she is demonstrating
[2:16:09]
strength and professionalism and
[2:16:11]
dedication and commitment to our
[2:16:13]
community already and to residents
[2:16:15]
already. She's got u a unique
[2:16:18]
understanding of the responsibilities.
[2:16:20]
She knows the issues. So, she's coming
[2:16:22]
in familiar. She doesn't have to
[2:16:24]
research. She doesn't have to go to
[2:16:26]
training. Um
[2:16:32]
Tim Miller cared deeply about this
[2:16:34]
community. He he cared about the
[2:16:37]
residents more than uh anybody that's
[2:16:40]
been up here that I could see. He
[2:16:42]
researched and um I believe Mrs. Miller
[2:16:46]
should be considered not just because he
[2:16:48]
she is his wife, but because of who she
[2:16:50]
is, what she brings to the table. I know
[2:16:53]
they didn't agree on everything, which
[2:16:55]
also makes her a great um candidate for
[2:16:58]
this. She understands the community. She
[2:17:01]
understands the importance of the job,
[2:17:03]
the residents, working with others,
[2:17:06]
thoughtful decisions. She's a business
[2:17:08]
owner. Um and I think this position
[2:17:12]
deserves somebody who will show up,
[2:17:14]
listen, work hard, and put the community
[2:17:15]
first. And I believe Miss Miller has
[2:17:18]
that those qualities. And
[2:17:23]
I don't think it should really be about
[2:17:26]
her being his wife. I think it should be
[2:17:29]
because she is capable, committed,
[2:17:32]
brilliant, and willing to serve.
[2:17:42]
» Okay, we got a resolved uh resolution we
[2:17:44]
got to vote on first.
[2:17:47]
» Oh,
[2:17:50]
whoops. I'll make a motion to declare a
[2:17:53]
vacancy resolution 2026-41.
[2:17:57]
» Second.
[2:17:59]
» Okay, we got a motion second. Any
[2:18:01]
further discussion?
[2:18:02]
» Yeah, I'd like to say something. It's
[2:18:03]
like
[2:18:05]
Tim Miller.
[2:18:07]
I consider him a great friend. I've only
[2:18:10]
known him for like three and a half
[2:18:12]
years, but the guy, he had a heart of
[2:18:16]
gold. He cared about the residents of
[2:18:19]
this city. cared about the businesses.
[2:18:22]
The guy was just me and him hit it off
[2:18:25]
really well. We met with a lot of
[2:18:27]
residents together. We worked out a lot
[2:18:30]
of issues and he was dedicated to this
[2:18:33]
city big time. Fantastic guy. I mean,
[2:18:37]
it's just it's hard for me to even sit
[2:18:40]
here and he's not here because he just
[2:18:44]
had a big influence on my heart big
[2:18:46]
time.
[2:18:48]
So definitely at the public forum
[2:18:51]
tonight hearing from Stacy and from
[2:18:54]
Kevin. I agree with what Suzanne says
[2:18:57]
too. I believe we could appoint Stacy to
[2:19:01]
fill Tim's seat until the end of his
[2:19:04]
term and I believe she'd do a fantastic
[2:19:07]
job. She's a smart gal and she can be a
[2:19:11]
bully. So can I. But she's fantastic.
[2:19:15]
So, I'm hoping the council would
[2:19:17]
consider this because
[2:19:21]
Tim was a great guy and he left us way
[2:19:24]
too soon.
[2:19:26]
Thank you.
[2:19:29]
» Any further discussion?
[2:19:32]
I have a motion and a second. All those
[2:19:33]
in favor?
[2:19:34]
» I opposed. None heard.
[2:19:39]
» Thank you.
[2:19:42]
Now, we need a I want to make a motion
[2:19:44]
now to fill the vacancy
[2:19:48]
and appoint Stacy Miller to Tim Miller's
[2:19:52]
seat for the rest of his term.
[2:19:54]
» Second.
[2:19:56]
» We have a motion and a second.
[2:20:00]
Any further discussion?
[2:20:05]
Well,
[2:20:06]
uh, this puts me in a terrible position
[2:20:09]
no matter what happens here tonight.
[2:20:12]
Either way, I lose.
[2:20:16]
So, being by state statue, if it turns
[2:20:19]
out to be a tie, I got to put the
[2:20:22]
deciding vote.
[2:20:24]
So, with all due respect to Stacy and
[2:20:28]
family and that, I will not follow
[2:20:31]
through with that motion. So that motion
[2:20:33]
fails.
[2:20:36]
» Sad. It's really sad.
[2:20:40]
» Yeah. So
[2:20:41]
» Awful.
[2:20:42]
» I'm making a motion.
[2:20:43]
» Really sad
[2:20:44]
» To uh
[2:20:45]
» Well, point of order, Mr. Mayor. That
[2:20:48]
motion was made and so a vote actually
[2:20:50]
does have to made on that motion.
[2:20:53]
» All those in favor?
[2:20:55]
» I
[2:20:55]
» I
[2:20:56]
» Opposed. Hi.
[2:20:59]
» So, with that said, I'm going to make a
[2:21:01]
motion for uh put Dino
[2:21:05]
Perfetti in
[2:21:07]
» To that council seat.
[2:21:11]
» U
[2:21:15]
motion and a second. All in favor?
[2:21:18]
» I opposed. Hi.
[2:21:20]
» Hi.
[2:21:22]
» Uh, with me being the pointer
[2:21:25]
appointment guy here, I'm going to
[2:21:27]
appoint uh Dino Facetti
[2:21:30]
» As to fill that vacancy till the end of
[2:21:32]
the year.
[2:21:37]
» Staff report.
[2:21:38]
» Mr. Mayor, if we can, we'll do an oath
[2:21:40]
of office. Then
[2:21:42]
» You want to do it now or later?
[2:21:44]
» We should do it now. Okay, do it now.
[2:21:48]
» Mr. Pervetti, do you want to stand up
[2:21:49]
here and raise your right hand?
[2:21:55]
» Pervetti
[2:21:57]
» Do hereby solemnly swearby
[2:22:00]
swear
[2:22:00]
» That I support the Constitution of the
[2:22:02]
United States.
[2:22:03]
» I support the Constitution of the United
[2:22:04]
States
[2:22:05]
» The Constitution of the State of
[2:22:06]
Minnesota.
[2:22:08]
» I will faithfully,
[2:22:11]
» Justly, and impartially
[2:22:15]
» Discharge the duties of council member
[2:22:19]
for the city of East County,
[2:22:22]
» County,
[2:22:25]
» City of East County,
[2:22:28]
» State of Minnesota,
[2:22:30]
» To the best of my knowledge and ability.
[2:22:37]
» Thank you, Dino. [applause]
[2:22:43]
Okay, moving forward. staff report.
[2:22:48]
» Uh Mr. Mayor, uh in the interest of the
[2:22:50]
time this evening, I just have one note
[2:22:52]
and that would be that tomorrow is the
[2:22:54]
primary election for everybody. So if
[2:22:56]
you haven't voted yet, some have voted
[2:22:58]
early. Uh we've had some people coming
[2:23:01]
in and a steady flow. But if you haven't
[2:23:03]
voted yet, tomorrow's an important vote.
[2:23:05]
So please do make time. We'll be set up
[2:23:08]
in the senior center over here. We'll
[2:23:10]
process people through um quickly and
[2:23:13]
efficiently. And please do set that time
[2:23:16]
aside. Signs will be out identifying
[2:23:18]
polling locations. And uh it's your
[2:23:21]
civic duty.
[2:23:23]
» It's at the fire station. And where
[2:23:25]
else?
[2:23:27]
» Um
[2:23:29]
our saviors.
[2:23:31]
» Our saviors. Okay.
[2:23:34]
» Okay. Council reports.
[2:23:37]
Uh I rode around with the fire chief for
[2:23:40]
a night to unite on uh last Thursday and
[2:23:44]
uh we had four different parties on the
[2:23:47]
south side of the city and they were
[2:23:49]
absolutely wonderful. A lot of great
[2:23:51]
people that invited us in and thanked us
[2:23:54]
for being there. So uh it it's it's a
[2:23:57]
really great way to get out and meet the
[2:24:00]
residents. I always look forward to
[2:24:02]
[snorts]
[2:24:03]
to uh 198.
[2:24:06]
That's all I have.
[2:24:08]
» I did the seniors night to unite. I was
[2:24:11]
um grateful for those who came and a
[2:24:14]
little disappointed in the commission
[2:24:16]
members that did not come. But other
[2:24:19]
than that, the city staff, the um other
[2:24:23]
people who came, I totally we totally
[2:24:25]
appreciate it. We had good food and it
[2:24:27]
was very interesting.
[2:24:31]
I know. I'd like to apologize for not
[2:24:33]
being there because I did plan on being
[2:24:35]
there, but my appointments took a lot
[2:24:37]
longer than I expected. I wanted to make
[2:24:39]
it there though. That's all I got.
[2:24:43]
» Yeah, I attended the senior one and I
[2:24:47]
made eight of the 12. It was hard to
[2:24:50]
make all 12, but
[2:24:52]
» Spent about five minutes at each one.
[2:24:54]
It's a lot of distance, a lot of miles,
[2:24:56]
but it it it was a fun time enjoying the
[2:24:58]
people and getting their inputs and
[2:25:01]
everything and thanking them for doing
[2:25:03]
it. It's it's a great time meeting all
[2:25:06]
these people that put these together
[2:25:08]
every year. So, with that, I'll
[2:25:10]
entertain a motion to adjurnn.
[2:25:12]
» Make motion tojourn.
[2:25:13]
» Second.
[2:25:14]
» Second. All those in favor?
[2:25:16]
» I I