[0:00] foreign [0:04] [Music] [0:15] so I'll just give you an update on uh the admin position we have three [0:21] applications to date for that we got one Friday so that brings us up to three [0:27] um when does that close again it closes Friday [0:30] it's next Friday or last Friday coming Friday okay so this week yeah [0:39] you know if you had any [0:42] discussion on [0:47] Friday and see what we want to do from there I guess so [0:51] um the the last time we did it do we have that score sheet that we used yeah [0:56] we have I have all that yet I just got to find them so because then we could [1:03] I suppose we should probably go through them all and all three of them [1:09] well some people wait till the last minute [1:13] there may be eight by the end of Friday eight or ten by the end of Friday so [1:16] we've had two for a couple weeks now and we just got one on Friday so I don't [1:21] know [1:24] so that's where that's at um [1:30] um cool I I did put an update in there um [1:35] he's leaking pretty bad if you read my report we got it slowed down a little [1:39] bit but that's the liners will do that was a good [1:43] decision to make on replacing that so um [1:49] so you've been working on some code enforcement [1:52] mainly on the noxious weed side lately it's kind of my focus but [1:58] um we sent 26 week notices we got 13 complied and 13 enforced by the city [2:04] um building codes we have sent three in [2:07] 2023 we had zero complied on the new round but we had two that complied from [2:13] 2022 so that's a little bit of a win there so [2:17] and then Jason provided us nuisance updates with his report [2:22] um other than that I've spent a lot of [2:24] money with early money too but a lot of time with PFA and uh real Development [2:31] coming up with a plan for this project with the delays and PSA it's been a [2:36] rough few months Kyle's going to attest to [2:39] that too but trying to get everything organized to [2:43] make sure we can use all the grant money and time for [2:47] um the project for the RDS cut off which is [2:51] the end of September so but I think we got a plan together so [2:57] um took a lot of time a lot of meetings to [2:59] go through that and um [3:02] other than that we're doing some maintenance for German trees and some [3:08] Boulevard streets uh four Street East is one of them State Street did a little [3:13] bit of work there just gonna kind of work around as we can get a group big [3:16] enough to do another round so um probably gonna be doing some Street [3:21] Maintenance here pretty quick here again [3:25] we did have 70 000 budgeted for this year for [3:29] we got some alleys we want to repair and some crack ceiling to do so [3:33] those people lined up already in the crack ceiling not yet I got [3:39] called out to a few different contractors for some cold so [3:46] any questions on my report with the dry weather uh will that [3:53] preclude and need to spray for mosquitoes again or or well we're [4:00] planning on doing it this week um they are [4:05] some of the evenings get kind of bad but um we're going to do it this week and [4:09] then I'll kind of take care of National Night Out [4:12] so our plan to do it Wednesday or Thursday I'm not weather's kind of [4:17] changes a lot so I can't say for sure so I'll likely do it this week and then [4:23] probably not until Labor Day will reassess before Labor Day [4:27] um the last couple years I think we've sprayed a week before Labor Day so yeah [4:32] I can't see why you'd want to do it in the park I just haven't seen many [4:37] mosquitoes around life they come all late they're not too bad during the day [4:40] but they're coming out late if we do get some more rain they might come around [4:45] but I know we're just going to kind of [4:48] assess it as the time comes so [4:57] anything else [5:00] are you keeping that how are you keeping up with everything with wearing two hats [5:04] prioritizing a lot but it's working all right though [5:10] yeah so far there's really busy weeks and some weeks [5:15] aren't so bad but it's this week's been a challenge and so was [5:19] last week but we'll get through it just uh [5:22] a lot of contract stuff with the project and then Vietnamese [5:27] reimbursement sent in for like the petrol fund and PFA and RD [5:34] the line County now I got them involved too so [5:38] just billing them out so you can get everything in the funds before we get [5:42] the payments out through the contractors so [5:46] a lot of stuff to organize I guess so but one way or another I'd be involved [5:50] with it no matter what so well we appreciate you giving up the old College [5:54] try yeah so I know some things when you slip [5:59] through the cracks but I'm trying to get the many done [6:04] that's all I have [6:15] do we need to do um do I do the resolution that Tyler has [6:20] under his staff report [6:38] I don't know where it's at though I'll make the motion that we approve [6:43] resolution 2023-65 that's the budget amendment [6:49] number two yeah [6:53] do we have a second [7:01] first and second any further discussion [7:05] profile please George landday hi [7:10] hi Tom Dobson are you still there [7:15] assessment yes big Peaks all right gener yes and Foreman hi [7:30] Ray do you want to move on to the audit [7:34] with art oh yeah let's do valve first yes it is [7:45] I set all these up here so as you know we have five thousand dollars budgeted [7:50] this year for a public art piece and we are working with Sammy Jo Miller who's [7:55] here with us this evening to do the project and she has done some research [8:01] over the past several months um talking to the community about what [8:06] types of art they enjoy what types of art they would like to see in Tracy [8:10] and so she's put together three possibilities for you to consider and I [8:16] will let Sammy Joe talk more about those [Applause] [8:21] if you guys haven't noticed I'm a really nervous public speaker so if I'm talking [8:25] too fast just slow me down I can do small groups this is intimidating we're [8:30] not that you're doing well sure so yeah as far as [8:35] basic questions I know you guys just got this tonight so if you need a minute to [8:39] look it over that's okay [8:44] um we haven't decided it is all still in the planning process we haven't moved [8:48] forward with anything all we've done so far is I've kind of set up little art [8:52] stations at different events and throughout town and to gather [8:57] information about what the community wanted to see so these are just basic [9:00] proposals and ideas for projects we can pursue further so there's no budget for [9:05] any of these projects yet we haven't gone into design it's just kind of what [9:09] would the city council like to see us go for is where we're at now [9:14] and are we talking of um [9:18] just occasional short-term seasonal type of art projects are you talking [9:23] permanent this would be a permanent installation [9:30] so the three that we've kind of narrowed it down to based off of the community [9:33] responses is the ghost advertisement which would be something like sample one [9:38] on the left on the bottom um and the idea would be to kind of [9:42] represent the Red Rooster Cafe because people mention that a lot when talking [9:45] about what they liked about growing up in Tracy or being a part of the Tracy [9:48] community so that could be something that we could represent having been a [9:51] part of the community by doing a ghost advertisement on either the side of the [9:55] library or on the side of another building that would be easily visible [9:59] and accessible from the downtown area the second project would be a sound [10:04] garden which would be like sample two not exactly like that I'm kind of have [10:08] some other plans but it would be interactive a lot of people with small [10:13] children would like to see something that could be interactive or be [10:16] functional in some way and then sample three which I think could be a really [10:20] excellent addition to downtown right over where the library is over I don't [10:24] know the names of the streets but the one where we were talking about having [10:27] parking on um and that would go over over the top [10:30] of the street so we'd have to take into account measurements and the wind down [10:34] here would have to be taken into account as well so there's there's a few [10:38] problems to be solved with each one of the projects but we haven't delved into [10:41] that yet and we also are exploring the option of having um the southwest [10:45] Minnesota Arts board um they have public art grants that [10:49] could go up to twenty thousand dollars with a certain percentage match which we [10:52] would not exceed what has already been put towards the project so if our budget [10:57] our budget exceeds what you guys have put forward towards the project already [11:01] we would then pursue a grant with Southwest Minnesota [11:06] [Music] what was the reason that we had a stop [11:10] putting the banners across the road win in the power company not allowing it [11:16] well we used to even do a banner across Highway 14 and then we were told we [11:21] could not do that that's why I was asking why yeah I can't [11:25] do that anymore for the ghost advertisement [11:29] so there's a couple downtown that you can still see can't you on a couple [11:34] buildings for the old advertisements yeah I think [11:37] they're kind of hidden on the top on the top of them could those like be touched [11:41] up a little bit yeah we could certainly revisit those if that's something that [11:45] you'd be interested in looking at as part of this project because it's [11:49] something that's already there I mean you have to look at it when [11:54] that's it it's on is it on the old bank it's on there's [11:59] part of one on I don't know where but I know I've seen one in town [12:03] if you look downtown look up on one of the buildings because there's like an [12:07] old sign for I don't remember which old business it was but they had one [12:12] that's painted up it was all painted up there [12:18] we could certainly look into what's available in town for sure [12:23] oh everybody will be driving downtown after this I'm gonna do the same thing [12:27] and take that way out of town his head so he knows [12:35] a little bit okay when you're coming down Third Street or South Street Third [12:39] Street is it's from it's on the north side of the building [12:43] okay well if we can figure out what the initial advertisement was for if anyone [12:46] has an older picture I know the museum has a couple of pictures from Ghost [12:50] advertisements that used to be visible downtown I don't know how many of them [12:54] are buildings that are still standing or I don't know enough about the history [12:57] yet so I'm still learning but I know Tracy has had quite a few of them [13:02] sound garden wouldn't that be something like wind chimes or a xylophone I'm [13:09] thinking more of like the in the picture they have it in tunnels so I was [13:12] thinking more of like tunnels that went underground and came back up and then so [13:16] the sound would travel through them and kind of make it like a matching game [13:20] this is like the concept I've been toying with so this one would have say a [13:24] pink flower and then the other end of that would have another pink flower [13:27] whereas there would be maybe several flowers in the sound garden and to hear [13:31] your friend you would have to be at the matching end so there would be some kind [13:35] of matching element to the interactive piece as well [13:39] as the sound because then they can talk to each other once they've matched up [13:42] the flowers and it would kind of look like a little bit of a tube garden with [13:45] little flowers that's the concept I'm toying with right [13:49] now for that oh sanitary is that then um well it should be at a distance like [13:54] they have them at parks now where they have like the microphones or they're [13:57] like a big how would you say like a funnel almost and then they have a mesh [14:01] screen over it so the kids don't throw rocks down there [14:04] um there are a few things with that but it's not meant to like put their mouth [14:08] up against it should be larger than that um this is just a sample that I pulled [14:12] of an idea so we can we can visit those issues certainly I'm ready [14:18] I want to steer away from anything with mallets [14:22] um generally I have children so Emmy Joe could you just um [14:28] review with us the public surfing yeah um so with the first one it's pretty [14:35] simple I asked that question why and what would you like to see in the [14:38] Tracy community we had people answer the survey online [14:41] some people filled it out in person when they were chatting with me and they were [14:46] able to to check any and all boxes that applied for that so a lot of them check [14:50] murals and sculptures and then a few of them picked interactive or functional so [14:56] um not like 65 prefer murals and 70 prefer sculpture 65 prefer both and then [15:02] an additional five percent prefer sculptures [15:04] um and then when I asked about the locations and subjects and ideas it was [15:09] more of like a tell me about your experience in Tracy what's your favorite [15:12] place to be in Tracy and um what is your favorite memory of being a Community [15:17] member in Tracy so I asked kind of more broad questions to get kind of a sense [15:23] of how they felt about it and where they would like to see these things [15:26] um and a lot of people mentioned the parks in general not just Central Park [15:31] so that's an idea to explore too um specifically mentioned the [15:36] um baseball park that's over by where you guys are putting the industrial area [15:39] they had mentioned into seeing something over there [15:42] but yeah that was basically it a lot of people mentioned boxcar days that is [15:47] also their favorite part about living in Tracy so [15:50] the in-person surveys were they done at the library [15:54] um I did so I was at um Burgers beers and Brews for one of them um what was [15:58] our first one the Women's Expo I was at that one I did a couple of artist [16:02] demonstrations at the library where people came in and chatted with me and [16:06] then I was outside the library a couple of days and had some people come up and [16:10] say hello some people hollered from their cars so I brought them a survey [16:14] would it helped had more of a cross-section to have an open house or [16:20] something at the library or city hall or something absolutely if we want to take [16:24] an Avenue to gather more information we certainly can because my the amount of [16:29] people I had fill out the survey in general was not high it was not what I [16:32] was expecting um but I got some really good responses [16:35] from the people that did participate visited with some people teachers in our [16:42] school system I have not yet we kind of started over the summer so I had it I'm [16:46] sure okay well that'd be an idea oh yeah I think there's some really cool [16:52] ideas here but if we can somehow get more people from the public [16:57] to weigh in or get their ideas and um um [17:04] I think it's a good thing to do in our town [17:11] [Music] thank you [17:17] all right now the audit [17:21] all right um just because I'm new this year and so [17:25] I haven't seen many of your faces my name is Sarah oberlove I'm with an [17:28] accounting firm out of Redwood Falls and we did the audit for the first year in [17:32] 2022 or for 2022 here and 2023 audit and so basically I put the books in front of [17:39] all you guys that you have two different booklets the larger [17:43] reams of paper is the actual audit report that's what we'll get submitted [17:47] to the state and that's what goes in with the single audit all of those [17:50] pieces the other book has um just a really high level overview comparison [17:55] information being it's only our first year I only had two years worth of data [18:00] so it's not a lot of information in there we will build on that over over [18:05] the course but um just kind of gives you like I said a [18:09] much higher view so we'll just briefly touch base a couple of the pages in the [18:12] actual audit give you that overall audit opinion and such and then we'll go into [18:17] the smaller book and and kind of highlight that over that high level [18:21] so if you go in in the in the larger one on page it's page two at the top it's [18:26] about seven physical pages in after you've skipped through some of the table [18:29] contents Pages um that starts with the independent [18:32] Auditor's report letter to give you a second to find the right [18:37] page [18:46] number it's two at the very top but it's the one that starts in the letterhead so [18:50] it's the one in the very thick book it's in the thick book yeah what five [18:54] pages in every year five or six pages in [19:00] um so basically this this gives you the [19:03] independent Auditor's report letter this gives you your opinion on the financial [19:06] statements uh the first section there starts with the opinion [19:10] um 2021 audit years we move that opinion to the very top [19:15] um our standards decided it's the what you guys are looking for so we want to [19:18] start with that used to be hidden at the very bottom [19:21] um basically what those two paragraphs tell you is you guys have an unmodified [19:25] or clean audit opinion for 2022 we feel the financial statements are fairly [19:29] presented in all material respects um the next section there gives the [19:34] basis of opinion the financial statements are prepared in accordance [19:37] with government auditing standards uh and then the next section there the [19:41] responsibility of management management the city is responsible for the [19:45] preparation and fair presentation of the financial statements so we do prepare [19:49] your financial statements for you um which is a very common thing out of [19:53] about 55 cities I audit I only have one I don't prepare financial statements for [19:58] um so in small entities it's common but it's a great reminder that even though I [20:01] prepared him and brought them to you tonight they're your financials not mine [20:06] um the top of Page Three gives the responsibility for the auditor and our [20:10] responsibility what that long section is telling you is we're responsible for the [20:14] opinion so again you're responsible for the financial statements I'm responsible [20:19] for the opinion um in the ideal world if if someone on [20:23] staff is actually preparing the entire financial statement basically we just [20:27] overview that and then throw those those opinion letters in there [20:33] um so that kind of highlights the audit opinion letter if you skip way to the [20:37] back there's a couple more letters in here [20:40] um on page 93 um so I think it's about 102 pages long [20:47] or something so it's gonna hit almost to the very back [20:50] um 93 is the report on internal control um and what that tells you is we don't [20:56] audit your internal control internal control structure but we have to [20:59] evaluate it in the audit process and anything that comes to our attention [21:03] must be communicated to you um there's two findings related to [21:07] internal control the first finding they're going to be on page probably 90 [21:11] skip back aways because we have the single audit stuff in here on 97 the [21:17] bottom of 98 in the top of 99. um the first finding is the the fact [21:23] that the city did not prepare the financial statements again in that [21:26] perfect world you would have a larger staff that actually prepares the [21:30] financial statements um and then on top of page 99 the second [21:34] finding is the lack of segregation of duties or lack of Separation within the [21:38] accounting Ideal World you'd have a staff of eight to ten accounting staff [21:43] so you do have a much better internal control structure than the city with the [21:48] Standalone person um but but you still don't have that [21:52] true separation in all of the functions there's a [21:56] um you know one hand is doing multiple tasks still along the way [22:02] um how do you recommend a city of our seismic [22:05] handle that so we're not supposed to say there's really nothing you can do about [22:10] it ultimately you need to I mean really you [22:13] need to wait cost benefit and so to truly eliminate some of those is it [22:19] worth the cost in your eyes I like I said I have one city that had they [22:24] prepare their own financial statements they hire another accounting firm that [22:28] does basically a pre-audit prepares the financial statements for them they act [22:32] as management we come in and do the audit [22:35] they're essentially paying for two audits because just because another [22:40] audit firm does it doesn't mean my my work changes [22:43] um you know so in your eyes is a second audit fee worth not having that [22:49] finding um the same thing with the Staffing you [22:53] know is another three to four staff people that you probably really don't [22:57] need full-time worth getting rid of the finding [23:02] however in your opinion I think in the past we've made some [23:07] changes and improvements where a deposit you know money comes in [23:12] somebody records that then turns things over to someone else right for deposits [23:18] right I think so it's so what you want to do is try to find the most separation [23:23] you can find even if you're not going to get to the to the full amount [23:27] um one of the things that's that makes it really hard on a small entity is [23:31] dealing with the Vacations or or um you know leaves type of thing because [23:36] the moment you know this person always does it as a deposit but they're gone [23:41] for a week and now I do it you know something could happen in that week I [23:45] did it if I'm also doing the banking you know the the reconciliation after the [23:50] fact or something like that so that's where you know really even if you had [23:54] that perfect amount you could truly separate everything you end up almost [23:58] with your hands tied because when someone's not there for the day or [24:01] something you you feel like you can't go on [24:05] so you want to do as much as you can will you ever do enough to truly [24:09] eliminate the finding 100 probably not does that help [24:17] um the so excuse me yep really having people cross-trained in the office would [24:22] help so that if one person is gone the cross training thing isn't so much [24:27] going to help you on the internal control side what I mean some of the [24:31] things when you look at Inc internal controls we have them for fraud and [24:35] errors you know we want to make sure we have control so that someone can find a [24:39] mistake if something happens and someone can catch fraud if it's out there [24:43] um you know the the um errors is kind of a big area where [24:47] cross training can help with you know the more people who can take a second [24:51] look at something you're gonna have more people who can find those errors in a [24:54] timely manner um you know the fraud piece [24:58] um because of the gaps and you you have [25:01] where people may or may not be available all the time you're not going to get [25:05] that perfect [25:10] um another thing too and just briefly some cities will use resources outside [25:15] of staff to try to help too one of the big examples they say is if someone you [25:21] know in the technology world where banking is all online it's a little less [25:25] necessary but back in the old days when they used to mail the statement to the [25:29] city office if that statement went before someone outside of Finance first [25:34] or someone outside of City staff for example the mayor or a council person or [25:39] someone you know at least then you've got [25:43] some eyes looking at it before someone can try to manipulate something if there [25:47] is something going going wrong so sometimes there's and just making sure [25:51] you're more aware of that approval process that you know when you get [25:55] information in front of you it's being looked at and approved in an [25:59] appropriate manner those are sometimes the council's [26:03] biggest you know what the biggest thing that you [26:06] have before you um on page 100 [26:12] there is one Minnesota legal compliance finding [26:16] um I feel kind of bad even kind of having to say it Minnesota requires [26:21] cities to have 110 percent of their Bank deposits covered by collateral you guys [26:27] feel short but only to the tune of it wasn't at the 110 it was a hundred [26:32] percent covered but you were short like thirty thousand dollars or something [26:37] part of it and then as soon as the money goes out in the first day of the year [26:41] when the big Bond payments are made you're we're fine so one thing and banks [26:46] are notorious it costs the money to hold collateral for you so they like to play [26:51] that that thin and so one thing to bear in mind is the city always gets a big [26:56] chunk of money at the tail end of the year with the LGA dollars and the tax [27:00] dollars coming in and so really just make sure that you have that coverage [27:05] obviously we had some banks go under not necessarily locally but some banks in [27:10] this in the country did go under this this winter [27:13] um you know so basically that that requires that requirement so that you [27:16] have if if a bank went under the city's tax dollars or the the residence dollars [27:22] are all covered that they're not out millions of dollars [27:26] um the FDIC coverage is only at 250. so you're saying there's Insurance out [27:31] there that we could buy or so the the FDIC coverage anyone gets on any a bank [27:38] account um the collateral is on top of that so [27:42] the state statute requires that your deposits outside of FDIC are 110 [27:47] collateralized and that the bank holds in your name for you [27:52] um and you guys were I can't remember the exact amounts offhand but I wanted [27:56] to say you needed about an extra hundred thousand dollars and you were only at [28:01] about another 70 000 above what your bank balance was are you talking of our [28:06] reserves or of any of the dollars that it takes into account the total dollars [28:10] of the city because you they want to make sure that all of your money if the [28:15] bank were to fail that Tracy is not out any money [28:19] I mean ideally if the bank failed and you only had FDIC coverage you would [28:25] only get 250 000 of the six million dollars or 5 million or [28:30] whatever the city has so what that is is the bank has to hold Securities in your [28:36] name so if they fail then you get money from this bank that bank the other bank [28:41] because they're holding these dollars guaranteeing it forward we need to go to [28:45] the bank and make those arrangements so you're good now because the the money [28:49] came in at the tail end of the year you fell short and then you sent the money [28:52] out in January you're good probably today I not 100 because I don't [28:58] know the numbers but what I would say is as and I can talk to Tyler a little more [29:03] in detail on this as you get closer to the end of the year and those LGA and [29:07] tax dollars are going to come in really re-look at that and make sure if you're [29:11] short that the bank is aware and you get the funds in time because the bank will [29:16] tell you they're watching it for you but they will look at this January 10th when [29:20] they're closing out the month of December they won't look at it December [29:23] 10th before they close out the month so they'll find out you're short when it's [29:27] too late so I mean it's really the responsibility [29:31] of the city to make sure your funds are collateralized [29:35] but so that ends up as a legal compliance finding um the state requires [29:40] us to test certain Minnesota legal legal statutes and that was one that that came [29:45] up so you might get a notice from the state auditor's office after this is [29:49] submitted and you can basically just tell them that you know we are going to [29:54] uh you know take additional steps to make sure that um that the collateral is [29:59] is there in the future um and then the last page there is the [30:04] in the report is the legal compliance letter and it's just stating that one [30:07] finding again [30:10] and then the second book you guys have um in there is um [30:15] the communication or the letter we have to send a communication to those charged [30:19] with governance so the city council so it just details kind of the audit [30:23] process um if the if we had issues in the audit [30:26] we would note it there um just because someone asked me before [30:30] um being it was the first year audit there were what I would say is expected [30:36] um difficulties not necessarily difficulties but just you know hips and [30:40] and hurdles to go through but um and then obviously with the Staffing [30:45] turnover I know we'd hope to try to get this in a little bit earlier in July but [30:51] obviously that kind of just brought a little bit of that on but outside of the [30:56] normal kind of expected with those issues there were nothing else and then [31:01] if you look into the report it just like I said it shows you some of those charts [31:04] and graphs um breaks down the general funds the [31:08] revenues um [31:11] kind of to make things short if you go back to page five in those [31:16] graphs one thing I would note is the um as far [31:23] as what's the health of the general fund of the city of Tracy [31:27] um the states um recommendation is for cities to have [31:31] 35 to 50 percent of unassigned fund balance which is the remaining dollars [31:36] you have at the end of the year um going into the next year [31:40] um you know roughly you guys are at about five months operating revenues and [31:44] about 36.3 of expenditures um so you're at that kind of bare bones [31:50] minimum of what the state wants you to be [31:53] um this city does have other resources set aside in some Reserve funds so it's [31:59] not super alarming um but one thing to bear in mind as you [32:03] look at projects and such going forward there the the amount in the general fund [32:09] is really just that amount needed to pay normal day-to-day operations [32:15] um the other thing on the bottom there on the lower graph it looks the looks at [32:19] the unassigned fund balance in relation to the next year's expenditures and you [32:25] can see in 2020 you guys are at 25 and now you're hovering between that 30 [32:30] and 35 percent and so you're obviously going in the [32:35] right direction I don't know where you were much before [32:39] that or if that's ever been kind of brought to light [32:43] um and then if you look in page seven [32:49] um and I think this is kind of where some of those funds that you guys were [32:52] talking about earlier comes into play um on the bottom of page seven under the [32:56] capital projects Capital project funds there's the 400 capital projects fund [33:01] and that is just the general city capital dollars [33:06] um at the end of 2022 there were 763 700 in [33:12] there so I know before Eric left we had a conversation on the community center [33:16] and I know he had mentioned that part of that is what has been so to speak [33:22] earmarked for that Community Center so I'm thinking when you're looking where [33:25] some of those dollars are that hopefully there's a better breakdown of what that [33:29] that entails [33:37] otherwise you guys had I mean most of your funds had positive fund balances [33:42] which is good to know the other one because you do have the municipal liquor [33:46] store if you go into page 10 it shows the liquor fund [33:50] um the the change in net position is the profit or loss the overall for [33:57] the year for 2022 you're showing a decrease of thirty four thousand dollars [34:01] only because it's ninety seven thousand dollar transfer went out so when the [34:05] state looks is it the fact of it was the liquor store self-supporting they're [34:10] going to look at the dollar before that 97 000 transfer so you're going to be to [34:14] the positive about sixty thousand dollars [34:19] hmm [34:23] any other specific questions on anything or want me to highlight where you [34:28] how does the liquor store profitability that we've had this last year [34:35] compare with State averages so one of the the liquor stores are [34:40] really getting harder to look at I think we are [34:46] I want to say maybe seven Municipal liquor stores is all we have left out of [34:50] in excess of 50 cities of those a good half of them are off sale only which [34:56] obviously they're very different as far as operations than a combined on and off [35:01] sale what I can tell you is you guys seem to have kind of come out [35:06] of covid better than what some other cities have the 2020-2021 years were [35:11] really good for Liquor Stores um and you know some some that had been [35:16] seeing losses had profits in those years and now they've kind of dipped back down [35:20] so kind of looking at your numbers um you know you guys came you know and [35:27] held your own out of covet if not even increased a little bit the gross profit [35:31] margin came down but your sales went up so I would say you're probably I don't [35:37] know about the average across the board but I would say you're unique to the [35:41] ones I've seen in that Realm [35:50] any other questions [35:58] [Applause] the other thing is you look through [36:02] things when you look at like your sewer fund [36:06] um one of the things that [36:09] I personally wouldn't have done if I was here three years ago when some of these [36:13] projects started is run some of the projects through the Enterprise funds [36:17] for example if you look at page nine the sewer fund because the Project's getting [36:23] allocated out to each of those Enterprise funds in the year of [36:26] construction you're almost skewing your numbers by [36:30] throwing all this grant Revenue in there when that grant money is now going to [36:34] buy you an asset that you're going to depreciate off over the next 40 years [36:38] um so sewer fun looks like it made 1.4 million [36:42] dollars last year when really you got 1.7 to build some infrastructure so [36:47] you're getting almost a little bit of skewed numbers and you have to kind of [36:50] back into some of that um so to an untrained eye someone's [36:55] going to look at the sewer fund and say why are you charging me money to you [36:59] know run the sewer when you've got all this money in there when in all reality [37:03] um that wasn't operations revenues going in there [37:10] so should we be doing something different going well you know you're so [37:14] far deep into the project we didn't kind of adjust anything with it but when when [37:19] I've always talked to USDA they they strongly recommend really a part of [37:25] their Grant stuff is you're required to run it through a capital project fund [37:28] which means everything related the project gets run into one pot and then [37:32] at project completion you divvy out the ass that you divvy out the debt you [37:36] divvy all that out and so the amount comes into sewer kind of in total at the [37:40] end and what that does is just these larger Revenue sources don't you know [37:45] skew those numbers year over year and you get to see a better true what did it [37:49] cost to operate the sewer Fund in that given year [37:51] because that grant money wasn't part of the operations of the [37:55] sewer so should we change something for next [37:59] year I wouldn't say necessarily for next year but maybe next project when you get [38:03] into it sounds like maybe there's a phase for something along the way and [38:08] you know if you get into some of those next phases I would definitely run it as [38:12] a capital project and run it outside of your Enterprise funds and then at [38:17] project completion roll it into the the related funds it's a little simpler to [38:23] track the day-to-day throughout the the year of the project you get to see [38:27] everything in one pot and then close it at the end [38:32] is the sewer fund a dedicated fund that only things related to sewer can be it [38:38] can be used no any of your Enterprise funds can be used to you know self [38:44] support your other your general government or whatever [38:47] um your Enterprise funds um sewer has a substantial amount of [38:52] cash but they also have a substantial amount of debts when you start looking [38:55] at where does the city have some money maybe to look at some of these other [38:58] projects you know what level are you willing to drain down some of those [39:02] funds when you've got high debt service out there too but yeah Enterprise funds [39:07] the reason the city goes into business is supposed to self-support your other [39:11] funds so you know that's why you do those transfers over to the general fund [39:15] each year [39:20] foreign [39:26] but I guess if you're looking like that high overview you've got positive Debt [39:30] Service balances so that's a good thing you've got money coming in that's paying [39:34] your debts it's just really building up some of those Reserve funds and you know [39:38] working to keep that general fund budget intact so that you're not dipping below [39:42] that 35 percent and maybe even trying to get that up a little bit and the reason [39:47] really being is you're just heavily reliant on LGA and tax dollars and those [39:51] come into payments throughout the year so you need that five to six months you [39:56] know cash Reserves at the end of the year to get you until the the next LGA [40:00] dollars come in and there is there other cities in this particular or are we [40:05] unique um [40:07] I have ones that are way worse you know you're kind avoid you know at the bottom [40:12] that you want to be and you're at the bottom of what you want to be and you do [40:16] have other funds out there so it's it's not you know I usually look at if if you [40:20] get to a point before the LGA dollars come in and you don't know don't know [40:23] how you're going to cover salaries that's usually when you have a problem [40:26] when the city is truly living the paycheck to paycheck [40:29] um but you know I have cities out there too with a lot more money and it's [40:33] trying to find that balance because you don't want too much money sitting in the [40:36] account then then why are we taxing you know so finding that that happy medium [40:40] and then you know making sure you have enough reserves so that you have the [40:44] money for the rainy day and the farthest and past there were times that LGA money [40:49] was not always going out when the state was in trouble financially right there [40:55] were years where things got cut or that kind of thing and luckily those years [40:59] are kind of behind us and it sounds like they're going back up a little bit but [41:03] you know that's one thing you know if you can keep that budget intact to where [41:07] you're you know if anything adding a little bit to that Surplus you sure [41:11] you're going to be in a much better financial position so in summer you're [41:14] saying our fund balance general fund balance is adequate [41:20] right exactly yep you're kind of if you look at what [41:25] the state recommends you're you're at the bottom of of their recommendation [41:31] yeah I mean I've seen as low as four percent [41:34] so you know that that's not even close [41:38] um and I've seen as high as 200 which is again why do we have all this money so [41:42] it's it's trying to find that happy medium [41:47] it's the ideal person again and the state's recommendation is 35 to 50 [41:51] percent um and then I usually try to say two [41:54] like throw a little Caution out there that's what they say say for all cities [41:59] um the smaller you are the more heavily Reliant you are in LJ and taxes so it's [42:03] probably more ideal to be pushing closer to that 50 percent I've had some of my [42:07] cities go through Bond ratings and the bond rating councils want to see closer [42:11] to 75 to get a better Bond rating so some of my cities say we don't care what [42:16] the state says we want a good Bond rating we're going to go for seven five [42:22] as the amount of indebtedness that the city has how much of an impact does that [42:28] have on our bond rating so overall I mean that plays into it yes [42:34] are we in danger a level of depth that the city has of maybe [42:42] losing a little bit of our bond rating or what what are you doing I'm not from [42:46] the bond Council s like that but I would [42:53] I was on the road you have a fair amount of debt but for the size and the dollars [42:57] of the revenues it's not a huge amount of ice cities that are half your size [43:01] with just as much debt so you know it's all in relation to [43:07] um you know the funds out there and then you know you guys have [43:11] um the housing and various other funds that you're spreading some of that debt [43:15] out over um you know some cities they have that [43:18] kind of debt just in their in their General and their water and sewer [43:27] very good any other questions first not yet don't put it that way yeah well [43:34] Tyler has my information so if anyone comes up with questions and you know [43:38] feel free call or shoot me an email it definitely can explain further get back [43:44] and in the ideal world I would have had these to you a week ago so you had some [43:48] time to overview but we were trying to work down to the wire and get it out so [43:53] um wanted to get this so it's submitted um the deadline with the state is August [43:58] 15th so um as pending you guys are approving it [44:02] I will get it submitted here yet this week so it's like in their hands [44:07] foreign [44:42] we can do that and just write it up later [44:46] I would have you make a motion to approve it and if you need to you can [44:49] formalize that with a resolution that's signed later [44:54] well I'll make the motion that we approve the [44:57] last or the audit as presented [45:08] or accomplice all right [45:12] Schmidt yes Tom Dobson [45:18] you fell asleep Tommy still there [45:24] uh Jerry Jones aye George landite aye [45:27] uh Jenner vizu yes Dave Peaks hi Mary Corman hi [45:42] it says new business City administrator did we touch on that already [45:47] my stuff I do have something else to add so we [45:51] have resolution 2023-59 see we don't have anything [45:59] that does it's on your iPad it's on the [46:04] electronics did you catch that last yep I would say I I couldn't get my mic [46:11] turned on okay I'll add you on there then there we go [46:20] okay so let's change order are we back to the same one yeah so [46:26] change order one uh for the Center Street project I have Kyle here tonight [46:30] to explain that in further detail um part of this kind of falls under the [46:35] county expense too that will get reimbursed for [46:40] um but uh if you have any questions on that uh [46:45] it's basically the same as those prevent presented two weeks ago so [46:57] sure um so for the Center Street project with [47:00] this current resolution change order one that includes a few items related to [47:06] additional traffic control signage and an additional sanitary sewer inside drop [47:14] product that was to be added to the prod project [47:20] the traffic control signs were an additional ask above and beyond what the [47:25] original bid traffic control plan was [47:29] so that's something that the contractor had put together there um I think we [47:34] included their invoicing they typically bid on a number of signs and a square [47:38] footage of signs in their original bid the ad for the road closed and road [47:44] closed through traffic signs we're not showing on the addition that initial [47:48] traffic control plan it was a technique it was something that was you know our [47:53] intent to to be included as part of that project from just the safety and a [47:58] traffic control standpoint there was some technical difficulty during the the [48:04] plan plotting the the actual design plot that came out and I think there was uh [48:10] even the wording from a broken link it's a c Dash where the image should have [48:16] been so um that was something that was intended [48:19] to be included in that original bid but wasn't shown in there so it's additional [48:23] to to have them included would be additional [48:27] scope of work on the project [48:30] the additional hospital detour signs are [48:34] also part of it that was something that was added after the fact after that [48:38] traffic control is set up and the the sanitary sewer drop was [48:44] something that was discussed with the contractor as a best product to use in [48:48] that that location and [48:52] Kyle I know we discussed the drop the drop inside drop versus outside drop [48:58] and the problem there was uh we generally when you add or [49:02] subtract a quantity it's a unit price item like per linear foot or per piece [49:09] or whatever it may be well in this case the [49:13] internal drop was not included in the itemization of you know the line item [49:21] bidding so the external drop was so they [49:25] couldn't really add an internal drop because it didn't exist in the list so I [49:31] think because it might explain to that correctly on that portion of it yeah [49:34] since we didn't already have a bid unit price on it that we didn't have a basis [49:38] to go by for that instance and in this case we'd be subtracting a [49:43] exterior drop the overall price for that versus in one on the exterior I'd say is [49:50] on the order of about half the price and I think for this particular location [49:53] tying into an existing manhole rather than replacing the whole manhole or [49:57] digging down an additional 10 feet below what we already have to dig down to do [50:03] the pipe work and worry about more of the backfill and those type of issues [50:06] this in inside drop product is is the right thing to do in this case [50:11] I don't think that question was concerning that I think we're fine with [50:15] that aspect of it sure it was the signage okay why is that our [50:20] responsibility versus your responsibility [50:25] I mean it should be quite obvious if you're tearing a road out [50:29] there should be Road closed signage plus I know [50:35] I've brought it up multiple times about the hospital signage [50:41] that just because it didn't get from one plan [50:44] to the other plan whatever that shouldn't be our responsibility [50:49] we that's what we are questioning if it's an oversight [50:56] what's your job I I if I had missed that during the [51:02] discussion I know we had talked a lot about some of the new signage that won [51:06] around the hospital I I don't recall the detour signage part of it [51:11] prior to the design plans I I do appreciate though that if there was [51:16] discussion on that I don't have knowledge on it that is that part of [51:19] it's on us for you know if there's additional costs to come back later like [51:24] for them to come back out and add those signs after the fact [51:29] um from how I typically handle these type of situations if it's a [51:35] part of the work that I like it like it mentioned you know they they bid the [51:40] Project based on a number of signs they put out and types of signs and square [51:43] footage is of them um the if these would have been included [51:48] in that original bid plan that I would have expect that traffic control price [51:52] to have been a higher price with that original bid [52:00] so is it your oversight [52:05] I I mean I I will say that I looking back hindsight being looking back we [52:11] would have liked to include those in the initial project plan [52:16] at the end of the project the price to add these after versus including them in [52:21] that original bid I don't picture being different [52:24] the the total end of the project by adding these after the fact Jerry what [52:28] you're saying is you don't blame the construction company oh no it was [52:35] the engineering that did not have that in the original plan or inadequate [52:41] yeah I mean if it's not in the plan how is the construction company is supposed [52:45] to know you're not saying that we shouldn't we shouldn't pay the [52:48] construction company I'm saying or somebody we should somebody needs to pay [52:53] the construction I'm saying I don't know if it should be us or if it should be [52:58] them well like I said I mean at the end of [53:02] the day I mean dollar dollar for dollar if these would have been included in [53:05] that initial bid that initial bid price would have been higher in [53:10] for sure [53:18] what was that Tom said would we not have shared that with the county yeah the the [53:24] track the overall traffic control plan um and [53:28] everything in general is like the part of this project is Lyon County budget as [53:33] well and project with it being the street so approximately half of the cost [53:37] of this is kind of a street inline County cost and the other half is the [53:42] street City utility type cost s [53:47] um [53:53] it's all part of their eligible costs that [53:58] traffic control is if I remember correctly the county gave [54:02] us x amount of dollars right yep just a pot saying this is your money to [54:08] put towards this project no no so they're not going to take on any [54:12] additional costs [54:16] but they so the county will only cover [54:21] the county eligible expenses so they're not going to give us 1.8 million dollars [54:25] if it comes out at 1.785 I think that's all they're going [54:30] to pay you know if say that there's a change order and they you know the [54:35] contract was reduced that's my understanding I don't know regardless [54:39] that's correct that's the right understanding yeah [54:45] um I mean the dollar amounts fixed yeah so it doesn't matter it doesn't [54:50] matter to them unless they get money back [54:53] I mean they don't they don't care if it costs more that's more on us but the max [54:58] they'll pay is yes [55:02] [Music] [55:07] correctly at that time as far as the signage Would we not have gotten more [55:11] from the county [55:17] I don't know that necessarily I think that like you had said from a from the [55:22] overall greater County budget they had budgeted that 1.98 or nine was it [55:28] 1.8 in yep was that just a percentage they figured out though [55:34] um their percentage they perceived that was their percentage that they would pay [55:39] for the project signs would have been there the percentage might have been a [55:42] twit Tire they're basing it on the actual [55:46] their share of the cost to be so if we weren't replacing the pipes I think this [55:52] is what it would cost to tell me to do the project [55:56] they're just you know working with accounting because they have [56:00] we have infrastructure that shops underneath it and we want to get that [56:03] fixed the County's going to pay for everything on top what is the dollar [56:07] amount we're talking about here like 8 000 80 or [56:13] 900.50 well no that's yeah that's 8 900 okay and like I said I mean hindsight [56:19] being 2020 we would have liked to include everything that where we're at [56:23] today in that original bid if if there are things that [56:28] um that that we have designed incorrectly [56:32] and it needs to be removed and replaced there's some pipes or some certain [56:35] things wrong that's something that I see is on us if it's typically when it's [56:40] something like this where there were five signs in the bid and at the end of [56:44] the day the right thing to do is to include six or seven that's still [56:48] something that um I guess [56:52] would it would would have been part of that original project cost either way [56:57] but [57:05] the item in there that I see that they had an additional trip out here to add [57:10] those signs that mobilization of I don't know is this thousand some dollars [57:14] that's certainly something that uh you know looking back if if we would have [57:19] had that in there with that extra trip out to add signs [57:23] whatever that was that that's something that [57:26] I feel that that responsibility for so who's to say they didn't charge extra [57:31] when they made these signs because they had to make these special versus when [57:35] they did the whole project [57:39] I mean you know as well as I do when you bid a job like [57:43] like you go you get a special pricing and then when you add stuff on you don't [57:47] get that special pricing on half the stuff you add on anymore [57:51] right that's tough to comment on [57:56] but true [57:59] possibly possibly I guess it just comes down to the the nitty-gritty here yeah I [58:07] mean at the end of the day responsibility versus the city's [58:10] responsibility that's the nitty-gritty here [58:15] not you wish 2020 hindsight that you would have put those signs in but we all [58:20] wish that but when you miss something you have to pay the the piper at that [58:27] time I guess the nitty-gritty is I'll say my my feeling [58:34] is your company is the one that missed the [58:39] signage on the final plan that they had to bid on [58:43] it wasn't us we hired your company to handle this for us that's why you're [58:49] getting paid not you your company is getting paid [58:54] to be the construction manager or whatever the title is I don't know [58:59] I yeah engineer I I feel like that should be your company's it was your [59:05] company's air so you should have to pay for the [59:10] air [59:13] what kind of money are we talking are we talking this 2300 invoice no I'm talking [59:18] the eight thousand the eight thousand whatever so real [59:22] money 856.22 [59:27] I can honestly say I feel the exact same way Jerry this [59:31] and I do too [59:40] so I guess the question is is I you probably don't have the authority to [59:45] decide back to your your bosses or whoever [59:51] absolutely will I can understand the question and the [59:56] thought on things I will that I will bring that that back and we'll see what [1:00:00] we can do at the end of the day we've got long history with the city and a lot [1:00:05] of work happening here that amount of money one one way or another we don't [1:00:10] want that to affect any kind of relationship and anything there so what [1:00:14] do you have to remember Kyle is we're also a little frustrated because of the [1:00:18] project that was done down at the other end of the town where there's issues [1:00:23] and so it's when like I was talking about when you take money from something [1:00:27] well when you start making errors and a little one here a little one there they [1:00:31] all start adding up and it adds up to more and more frustrations [1:00:36] eight thousand dollars it's it's a drop in the bucket for these projects it's [1:00:41] kind of the principle is what we're getting to okay I can appreciate that [1:00:49] seems like you'd want to table that resolution and allow them to confer with [1:00:55] their their company and then bring a proposal back to the city thank you so [1:01:00] I'll make a motion to write a table resolution [1:01:04] 2023-59 for more information okay second go oh I'm sorry just maybe further [1:01:11] discussion than I at this point um I will I mean [1:01:14] um from a greater perspective we want to work something out whatever the case is [1:01:19] with isg in the city um I think this resolution too just [1:01:23] something to think about is is more for payment to the contractor [1:01:26] specific specifically to at this time and I just I'm trying to weigh how that [1:01:33] all fits in here too they're not a good idea you just pay the contractor and [1:01:38] then we'll work it out yeah good idea [1:01:42] well I mean if we have to pay two thousand dollars [1:01:47] of it or something we can do that yeah that way the contractor gets his money [1:01:53] you get to think about a little more do you want to make a resolution to pay [1:01:57] minus the amount in question so then at least getting paid yeah and [1:02:03] then the remaining amount is left outstanding anyway [1:02:06] because I mean we don't we're not questioning yeah internal yeah the [1:02:10] external thing yeah yeah I just I I don't mean to make this about something [1:02:15] else but I don't want a contractor that's due some money to not get paid on [1:02:19] account of trying to figure this part out too [1:02:22] oh I I don't I I think you can make that [1:02:26] resolution and then have with me or maybe there's needs to be with the [1:02:30] caveat of the further discussion between City and isg on it do you want to [1:02:35] supplement the money and then we negotiate no we're going to say we'll [1:02:38] pay half we're going to pay the well obviously we would pay that other [1:02:44] one was a height [1:02:49] but what he's saying is there's no offering from them to pay the contractor [1:02:53] no the contractor is not at issue [1:03:01] I just have a problem paying the bill and then like we're going to get [1:03:04] reimbursed because even like the other time then it [1:03:07] was we got some different services from you [1:03:10] for the money well maybe right now we're more into the dollars than services [1:03:22] we pay half of it then they're gonna say well they've already paid half so we'll [1:03:25] just cover the other half you know what I mean [1:03:30] isg yeah they'll say well sincerity yeah [1:03:35] I don't mean to try and pass it so let's we'll we'll get that part figured out at [1:03:40] a separate time I didn't mean that I just like I said I don't I don't want to [1:03:45] um all right I don't have a problem paying the I definitely should pay them [1:03:49] 7 000 whatever I don't have those dollar amounts right in front of me I just have [1:03:53] the combined dollar amounts and your motion Dave [1:03:58] that will pay we have to change the dollar resolution [1:04:04] because that's not under question so these get pretty confusing when we [1:04:09] change numbers yeah I know but um [1:04:13] I guess for now do we are we better off just tabling this [1:04:17] and then see what he wants to do and then bring it into okay [1:04:22] this is when we'd pay that right because they're even removed from they have to [1:04:26] the actual payment part of it is yeah so it's something that could be go on the [1:04:30] next agenda yep I don't know so then the [1:04:36] contractor is not going to get anything at this time not until it's approved [1:04:41] even the portion with the pipe that hasn't been that work hasn't been done [1:04:45] yet so that is still a future item so [1:04:54] there's the motion's still standing [1:05:01] so if you said [1:05:05] you said the external drop was bid on the job right you said [1:05:10] um inside drop isn't that what you said [1:05:15] that's what was there was still discussion around what the the right [1:05:20] unit was one way or another so so which one was on the initial bit the extra [1:05:25] external drop is is a is a contract bit item we've got a handful that was going [1:05:31] in in the various places in the project and you said this inside drop is [1:05:36] replacing that so then we would get the deduct for that one right [1:05:40] this was this in entire look at that existing manhole is something that's [1:05:45] going to be an additional either way but won't we save on the cost of the [1:05:50] external drop I think is what she's saying right that we would say that cost [1:05:56] which is cheaper the internal or the external the internal that's being [1:06:02] looked at is the cheaper of the two options credit [1:06:07] now the external wasn't included in that initial bid oh it was not yeah [1:06:18] connection to that existing manhole oh okay yep oh I'm sorry I thought you said [1:06:24] that the one of them was included I know [1:06:30] okay Okay so we've got a first and a second [1:06:34] of tables okay so we need a roll call [1:06:41] Dave you had the my motion a second [1:06:48] yeah [1:06:51] all right [1:06:57] generizu yes the Schmidt [1:07:02] Tom Dobson Jerry Show [1:07:06] aye like Monday hi [1:07:10] serious [1:07:15] I'll go to restaurants [1:07:21] [Laughter] [1:07:26] calling me so can I ask a question from the citizens Tracy when are they going [1:07:32] to fix like 7th and 8th Street and 6th Street [1:07:35] Kyle the uh the plan we were just uh Shane [1:07:40] and I were talking about that earlier the contractors [1:07:43] um working on getting a plan together they expect the concrete guy Crews to be [1:07:49] in to do a little bit of the curb patching and then also the same crew to [1:07:54] do Center Street next week and then the patching they'll be raising manholes up [1:07:59] and doing the final Paving here I would expect in the next few two to three [1:08:03] weeks that's what we're looking at it [1:08:11] and that will be fixed and there'll be no more potholes that's right [1:08:19] okay wait a minute later talking about that [1:08:23] that thing is on hold right now so there's no penalty being paid no it's [1:08:27] off of hold it should be off holes because it's not done clock's ticking so [1:08:33] they don't get it done soon [1:08:36] damages [1:08:56] yeah I didn't think there was very long form [1:09:01] before they went into penalty at all I thought we figured that out it was [1:09:06] when we stopped them because we wanted to do testing the [1:09:10] clock stopped so because that's on us not done that we have to give them the [1:09:17] difference between that and the substantial lesson last fall which is [1:09:21] what we're giving them this year to that difference from when we stopped from all [1:09:25] the substantial deadline so you don't know when that is [1:09:29] if you only have like three and a half four weeks almost got it left and then [1:09:34] but it'll be in kicks in so I'm just gonna ask [1:09:42] is it going to be done by Labor Day Parade [1:09:47] because that's [1:09:50] that's 6th Street it's Emory Street I mean that's [1:09:55] everything that's definitely part of the part of the discussions that we've been [1:09:58] having with them on schedule Shane's yeah [1:10:02] working with the contractor and the parade route too that affects Center [1:10:06] Street as well they're they're working pretty hard to [1:10:10] to get all that curb in and to get people out like I said they're just [1:10:14] broader project update I guess Center Street they're all the utility work is [1:10:19] done they're working their way on Street work getting close all working their way [1:10:24] North all the way up to trunk highway 14. so I saw that they were within [1:10:28] between the last half a block of North Street and the highway there today [1:10:33] digging things out for the street work I would expect to end a week them to be [1:10:38] hauling in and having some gravel on the street again and then the tentative plan [1:10:43] good weather good construction to have curb and gutter and next week out there [1:10:48] on Center Street and I'll like set along with that comes some of the work over on [1:10:52] the previous last year's project and [1:10:56] um but yeah I think they're they're they're working pretty hard to try and [1:11:00] catch up with that and be able to get all the paving done so [1:11:04] that mid-august timing is still the the goal [1:11:10] they start early in the morning [1:11:15] shapings usually there's no no doubt that they haven't been working long [1:11:19] hours they have been working extremely long so I will say that [1:11:24] [Music] nope [1:11:29] okay the next one [1:11:33] we got resolution 2023-64 can you order number three for [1:11:37] request for extension on Center Street project [1:11:40] okay let's have a discussion about that one [1:11:47] so the extension on Center Street you just said they're on [1:11:52] for the extra dirty took out by the gas station that was just it was already uh [1:11:57] this is going until October that's what I'm wondering is that just the elephant [1:12:02] the pipelining or whatever or I thought it looked like it was for the Center [1:12:06] Street project this resolution 2023-64 is for Center Street project [1:12:14] so they want a Time extension on that project right I thought we couldn't I'm [1:12:18] luck yeah our view or Rod or whatever it is wouldn't allow us to extend it [1:12:25] yeah so that's that's the ask is the uh the time extension on the project I [1:12:29] think what they had provided um showed 30 days [1:12:33] to the overall contract um [1:12:39] uh that's the next one sorry this one says it's [1:12:47] yeah um [1:12:50] their ask there is I I think um initially they're I mean they're they're [1:12:57] asking that on the front end just um I think due to having a long a long spring [1:13:02] season a long winter season and into the project and then [1:13:07] um from a contractual side of things or they're asking for that time based on [1:13:12] um I guess their their interpretation of of [1:13:16] the contract but um I can maybe comment on that in a [1:13:20] minute but in a yeah from a from a greater perspective I think they're [1:13:24] still working as if you know there's no extension they're working toward that [1:13:28] mid-august date at this point and you know with further discussion with City [1:13:34] and with rural development I think you know rural developments not formal [1:13:40] but offhand comment was that they didn't think that they would approve this [1:13:44] particular ask or this particular change order what's being asked [1:13:48] that's not to say that would not approve correct from this means if we don't get [1:13:54] the work done was it my understanding we lose their grant their funding then [1:14:00] that is something there that we've had a lot of Shane had mentioned earlier a lot [1:14:03] of discussions and calls with rural development just on the on all of the [1:14:08] project basis and that is something that rural development wants all of the [1:14:12] Project funding to be to be used before end of September [1:14:20] we do have an August 15th deadline on this particular contract [1:14:26] so I'm confused okay if it's not done by August 15th no [1:14:32] no the contract is through August 15th but r d will let it go to September or [1:14:40] not based on what's being asked right now in [1:14:43] this particular change order Rd it commented that they didn't think they [1:14:47] would approve this particular change order as to asked so then how are you [1:14:51] asking us to yeah Rd had um told me that their formal process is we need to take [1:14:58] the city next needs to make the decision on it before it would go to them being [1:15:01] the last step in the the process so [1:15:06] um when did they start this project [1:15:10] but when did they initially plan on starting the project May 10th no I [1:15:15] thought it was in 8th March there they spent all those charts I [1:15:19] think just a various and paper I'm not sure which one you're looking at the the [1:15:25] initial schedule provided at the pre-construction meeting did show May [1:15:29] 8th as well [1:15:39] to me they scheduled it [1:15:42] they started you know on schedule according to their scheduled to [1:15:45] pre-construction meeting on May 8th I think it started on May 8th I don't see [1:15:49] any reason why they shouldn't complete it by August 15th or August 19th I think [1:15:54] now with the extra three days for dirt contaminated soil [1:15:58] yeah it was three and a half days yeah yeah I'll give them three and a half [1:16:03] days I already did [1:16:07] rain events I think there was only one very heavy rain that maybe affected the [1:16:12] projects ability to be out there working otherwise they were there [1:16:18] and they're they're latching on to abnormal weather conditions in the [1:16:22] contract to support their request for an extension but a lot of those weather [1:16:27] events were well before the start date and they're trying to support that with [1:16:32] mndot's schedule of days that mndot's determined it was not feasible to work [1:16:38] but that's not applicable to the definitions of this [1:16:42] contract and I'm comfortable I mean it becomes an issue if they want to [1:16:46] litigate it then you have to litigate it but with those dates occurring for the [1:16:50] start date that I'm pretty comfortable with the city taking the position to [1:16:54] deny the request [1:16:57] and especially if you have a indication from r d [1:17:01] from a practical standpoint that they're not in favor of it it kind of indicates [1:17:06] that even if you were to approve it then it's likely not going to be finally [1:17:10] approved by them so we can't take them we're the ones [1:17:14] supposedly losing the funding when it comes down to that and they're not [1:17:19] honoring the timelines then does a construction company pay what we don't [1:17:24] get is the whole Grant or money funding no in Jeopardy probably not if we would [1:17:31] extend this if we don't extend it they they have to [1:17:37] finish it they want to get paid [1:17:41] and they knew it was a tight deadline when they bid on this project [1:17:46] I'll make the resident or the motion to deny resolution 2023-64. [1:17:54] I'll second that first and second any other discussion [1:17:58] roll call please [1:18:02] all right George landite hi [1:18:06] Tom Dobson Jerry showings aye Schmidt yes Jenner [1:18:12] vizu yes Dave Peaks hi mayor Corman hi it's gonna be a fun day for him tomorrow [1:18:20] yeah sorry guys just a quick follow-up to that too I do [1:18:25] want to note though that I mean just because this particular instance or [1:18:29] asked for a certain amount of days you know this 30 days it doesn't preclude [1:18:33] the city from not looking at another request for extension for whatever other [1:18:37] reason or it USDA was clear to say you know even if we don't approve it it [1:18:43] doesn't require the city to enforce liquidated damages if they're a day late [1:18:46] or a week late or whatever and they feel that the contractor is making every [1:18:51] effort that they can to get it done on time it's not necessarily saying you [1:18:56] have to hold the contractor to that date or to those liquidated damages it's just [1:19:00] this particular request so something that so they're saying these [1:19:05] things but they're the ones giving us the funding [1:19:08] so when when do they start withholding the funding because it's not done so [1:19:14] then then the liquidated damage just comes out of the contractor's pocket [1:19:19] or their insurance company liquidity damages a result of the contract you're [1:19:23] not finishing the work on the date that was included in the contract and that's [1:19:28] what the contractors charge that Kaiser comes out of their final pay order or [1:19:34] the city assesses that to them as additional [1:19:37] costs usually comes out of the final payout okay but my son how I was under [1:19:41] the impression and I'm kind of late to this construction business and it's just [1:19:45] my first few months on the job I thought there was the potential I [1:19:52] thought I heard Eric say there was a potential to lose funding [1:19:56] not true the potential to lose funding is for them not finishing on time the [1:20:01] liquid in Damages are what we charge the contractor for not finishing on time yes [1:20:06] but our our funding source are they going to withhold money from the project [1:20:12] and not pay Shane do you want to comment on this or you want me to or funding [1:20:17] things just slightly outside of the my side of things but I can as far as [1:20:22] finding this project we have to have it all expended by the end of September [1:20:26] and when we say you say this project this is the greater 3A this is three a [1:20:30] one two Center Street the lining all of them in total yeah not necessarily just [1:20:36] including fixing up yeah this so all of that has to be done by [1:20:42] September what 30 30th yeah [1:20:53] um okay so we could lose our source of funding well I'm not going to sit here [1:20:58] and worry about that right now no well that's to me like a big deal we're not [1:21:03] going but we're not extending our Jam we're just saying no you're gonna get it [1:21:07] done according to the contract even if you have to work [1:21:11] yeah and until all night keep those people up that live [1:21:15] on the the street [1:21:19] my heart of hearing naturally I don't think they've worked any Saturdays yet [1:21:24] so they have put long days in yes [1:21:28] I've seen people work Saturdays if they're running behind or need to catch [1:21:33] up so it's not the end of the world next so what's the next change order [1:21:41] I'll get resolution 2023-67 for change order number one [1:21:46] request for extension um 67 or 66. [1:21:51] 67. 66 was the the donations that we attended no 6E and then this Mark [1:21:59] drawing in here it says 66 resolution approving change [1:22:05] order one for the phase three sanitary sanitary silver improvements so this is [1:22:09] 67 67 on the printed version on the printed one on the 67. the one that got [1:22:13] published is 66. [1:22:17] I'm just pointing it out making sure which number we're playing [1:22:23] with here [1:22:27] we had 266s gotcha [1:22:35] make a note of that just double check it just to make sure [1:22:39] that we're [1:22:44] okay so this is basically this change order [1:22:49] request is to give them time to complete the project [1:22:54] being it took so long for the state to come up with their bonding [1:22:59] Bill and providing us with funding for PFA [1:23:03] to ensure that we can do this project um [1:23:07] so that there's some a fair amount of logistics into what our [1:23:11] meetings were a lot of meetings were about in the last [1:23:16] couple weeks with Rd and a little bit with PFA but [1:23:21] um so this is gonna [1:23:25] so halfway through the project will burn through our grant funds so you may [1:23:30] question well you know this end date past the end of September [1:23:35] so what we're going to do is we're eligible through Rd so this is an [1:23:40] RD only project and it's mostly Grant [1:23:45] so part of one of the one of the eligible Grant items is interim interest [1:23:53] for the Rd bonds we have been paying that out of pocket so we're going to do [1:23:58] is reimburse ourselves through Rd to cover the end of the project [1:24:05] so our do be wiped out basically the end of September [1:24:09] and then they're going to pay I think it's around 800 000 is is what it was so [1:24:14] that gets us more than halfway through the project thing it's a one point [1:24:18] three million I think with all the addendo instructions so [1:24:24] that'll get us through to the end to clean up whatever's left and then [1:24:27] whatever's not I guess whatever we don't use out of [1:24:31] that interim interest we're still eligible [1:24:34] just to have because we've already paid it out [1:24:37] so that's going to be our our buffer at the end of the project so [1:24:42] if that makes sense so it's not an easy thing to grasp but [1:24:47] does the weather affect them doing the lining at home [1:24:52] I'm not saying 20 below you know working in January but I mean a lot less and a [1:24:57] lot less than a typical construction project I mean when when [1:25:02] you're talking cool I think they'd actually prefer the Colder Weather if [1:25:05] they need that to keep their resin in the materials cold they'll probably show [1:25:09] up with an air-conditioned truck actually for the interior Hills but [1:25:13] um weather is you know when you're not doing all the Excavating and have soils [1:25:17] involved you don't have it's not as much of a factor [1:25:20] I won't say it's zero Factor but it's not as big effect it's a lot less I [1:25:25] gotcha [1:25:28] well I make the motion to prove resolution 2023-67. [1:25:37] do we have a second I'll second that [1:25:41] we have a first and a second do I have any other discussion [1:25:44] roll call please Jerry Jones hi George landite hi I'm [1:25:50] Dobson hi Seth Schmidt yes General yes I am [1:25:57] mayor Corman hi [1:26:03] [Music] I will go to 9B [1:26:10] um I'll turn this one over to Matt um update on cannabis laws [1:26:15] as of August 2023. mayor council will try to be as brief and succinct as [1:26:19] possible meetings running all along August 1st of [1:26:24] this year marijuana is becoming legal as you know on the legislature passed that [1:26:29] recently I think at the end of May so what that entails and allows is that [1:26:32] people 21 or older can use and possess certain marijuana products and certain [1:26:38] uh ounces or weights of marijuana in the [1:26:44] state of Minnesota what's going to happen first is just the [1:26:48] use and possession so it's no longer criminal you can use or possess the [1:26:52] amounts that I've listed in the memorandum that I previously circulated [1:26:55] that you can look at that at your own Leisure that just kind of gives you an [1:26:59] idea of what's permissible essentially it's permissible in home the plants that [1:27:07] you can grow you have to at least keep them from public view you can grow up to [1:27:11] eight plants but it has to be unlocked and an enclosed and not viewable from [1:27:15] the public so there's safeguards that the legislator have included I can't say [1:27:20] that they've included all of those in this legislation but essentially it's [1:27:25] legal for people to possess and use marijuana certain products certain [1:27:28] weights in the state of Minnesota the legislation did not prohibit or ban the [1:27:34] use of possession of marijuana in public places [1:27:37] that is something that's on the individual studies to pass ordinances to [1:27:42] regulate that so I would encourage the city to do that if that's something that [1:27:46] you're concerned about is that you can ban it from general public places so any [1:27:51] any public place the the not the not the possession but the use so that would [1:27:57] include smoking ingesting Edibles or whatever other products that are [1:28:02] permissible I I don't know I'm not familiar with that so [1:28:08] um but the city can ban that in public places so that would include city [1:28:12] streets city parks the city needs to pass the ordinance to do that [1:28:18] so if you want to do that the first step would be to and they've indicated that [1:28:23] in my memorandum authorized me to draft emergency and regular ordinance the city [1:28:28] council is going to have to first pass an emergency ordinance given the the [1:28:32] time frame before this law becomes valid because you're so the charter requires [1:28:39] for a regular ordinance for the city council first to approve the written [1:28:42] draft than to publish it hold the public hearing and then actually pass the [1:28:47] ordinance that's going to require at least two meetings so that's going to be [1:28:50] Beyond August 1st so what I recommend if that's something the city council wants [1:28:54] to do is at the next meeting I can have a emergency ordinance prepared that [1:28:59] would ban the use of marijuana marijuana products in public [1:29:04] and then that would span the gap until you pass the regular ordinance and then [1:29:09] that would take effect and revert back to the the time frame in which the [1:29:13] emergency ordinance passed so there'd be no lapse and you would be able to [1:29:16] regulate that um [1:29:18] minor notes to to make uh for your consideration is [1:29:22] okay so if someone is using in public what's the penalty it's a petty [1:29:26] misdemeanor that's a penalty of up to 300 that's it they can't be jailed all [1:29:32] they can do is be cited I'm still on certain whether and I'm assuming you can [1:29:37] is you can confiscate the product if they are using in public [1:29:43] that's a question I don't know yet um so a lot of these fingers are going [1:29:48] to need to be figured out it's still relatively new but if you see someone in [1:29:52] public and they're smoking marijuana you can report that to law enforcement they [1:29:58] can cite them but that's it I'm assuming you'd be able to confiscate [1:30:03] that because then the evidence it eliminates yes so it removes it for that [1:30:08] instance but they could light up smoke again and that's another [1:30:13] citation but so the effectiveness of the punishment of it is not great however if [1:30:21] you would possess or use or keep marijuana or marijuana products above [1:30:27] the permissible amounts there's additional criminal penalties for that [1:30:31] and there's felony gross misdemeanor misdemeanor so there's more significant [1:30:36] penalties if you would have more than [1:30:39] two pounds of marijuana at you at your home [1:30:44] that's that's what's permissible but but that that would be illegal if you have [1:30:48] more of that amount and that's where law enforcement would get involved in could [1:30:52] prosecute them for that that's a whole other issue because you got to get in [1:30:56] the house and uh so I don't think this is well thought out a lot of cities are [1:31:01] scrambling to do this Marshall and I think Duluth [1:31:05] and my research was passing an ordinance to Bandit this evening so there are some [1:31:10] templates to go off of in terms of banning the public use of it but [1:31:15] essentially that's all the city can do is the public use the private stuff they [1:31:20] have to comply with the amounts that the legislature passed if they possess or [1:31:25] use more than that then that's that's a crime but there's that's a [1:31:30] separate issue because you have to get in the home and turn force that and all [1:31:32] that in terms of Licensing the city really doesn't have to worry [1:31:36] anything about until at least January 1 2025. [1:31:39] because the state has not created the Office of cannabis management yet until [1:31:46] they do they can't issue licenses for retail dispensaries so you're not going [1:31:52] to have to worry about that at least immediately however [1:31:55] how you're going to need to worry about that is how you Zone it [1:31:59] so you can place it within certain areas of the city and I spoke with Shane about [1:32:04] this probably the zoning commission should be involved in this is [1:32:07] identifying where you want to specifically Zone it I [1:32:11] would probably suggest an industrial area where there's not a lot of traffic [1:32:13] and it's set aside but that's something the city would need to consider is you [1:32:19] can regulate where these businesses are located and that's important because you [1:32:24] don't want that near school near Church downtown businesses to have that foot [1:32:28] traffic and that clientele [1:32:39] so the city has to issue at least one license if [1:32:45] someone would be approved by the state office and would apply to the study the [1:32:49] city would have to issue a license to that entity [1:32:53] the uh one issue one license for every 12 500 residents obviously Tracy is [1:32:59] below that so the maximum that you would have to issue would be one [1:33:03] marijuana retail license however there's some Provisions in the law that [1:33:09] lion County probably has a twenty five thousand dollar 25 [1:33:13] 000 population um State Statute says that if [1:33:18] so they in line counting technically they would have to issue two so the [1:33:22] statute says if there's already two existing licenses within the county [1:33:26] the city would not have to issue one so if Marshall has two and Marshall [1:33:31] would be permitted two licenses if they're issued two licenses in Marshall [1:33:36] the city could say we don't have to issue one because [1:33:39] there's already two that would satisfied that two license for twelve thousand [1:33:43] five hundred residents in the county okay what if you issued a license to [1:33:48] someone that did not sell just got the license to stop anybody else from doing [1:33:52] it [1:33:56] that I can't answer because I'm assuming they're going to have restrictions it's [1:34:00] going to be very cost prohibitive I'd imagine to go through that procedure to [1:34:03] get licensed by the state um because there's going to be a lot of [1:34:07] safeguards I'm in place and capital requirements so [1:34:12] I I don't know how likely that would be George if you spend all that money [1:34:15] you're going to want to make that Revenue back what about you said public [1:34:19] places you know not picking on business let's say [1:34:24] Midwest say the lumber yard say the Caboose could they [1:34:27] smoke it there nope um including the packet thank you for reminding me that [1:34:31] there's already existing Minnesota indoor Clean Air Act that already puts [1:34:36] on their lot though that already prohibits [1:34:39] um [1:34:41] people from smoking inside and that would include marijuana and vape pen so [1:34:45] you you already can't use or you can't smoke [1:34:48] the Restriction doesn't preclude ingesting marijuana inside public [1:34:52] buildings or at least um yeah public buildings until the city passes an [1:34:57] ordinance Banning that now let's say um the Caboose [1:35:02] someone Smokes on there that's a private property so they have to be given [1:35:06] permission from the owner to use marijuana so that's where businesses [1:35:12] need to be aware of that and they can post signs we do not permit smoking or [1:35:17] use of marijuana or marijuana products on this property that's how they would [1:35:20] Safeguard themselves and would allow law enforcement to get involved to [1:35:26] um basically enforce that but for the city what I'm asking is if [1:35:32] you're interested I don't know what your thoughts are but [1:35:35] um if you if you want me to as I detailed the first step would be [1:35:39] emergency ordinance and a regular ordinance the timing requires that [1:35:43] emergency ordinance first but just authorization for me to do that I can [1:35:47] have one ready for your next meeting and then subsequently you would pass a [1:35:51] regular ordinance so what do we do between August 1st and August 14th [1:35:57] is that your major emergency it would be in effect by them [1:36:01] or wait your next meetings okay your next meeting is until the 14th you're [1:36:06] right yeah my months are getting your emergency one they cover the first [1:36:10] through the 14th um [1:36:12] I could have something ready for you and this would require a special meaning but [1:36:17] I could have something enacted by next Monday [1:36:22] the emergency ordinance it requires it takes effect 24 hours after being [1:36:27] adopted by this city doesn't require any publication so [1:36:31] probably you'd want that in place by the 30th so then you're looking at Friday [1:36:37] so what happens if we wait until the 14th [1:36:41] technically people could walk walk down the street and smoke marijuana I think [1:36:46] it'd be a lot cleaner to put it into effect by the first so people don't have [1:36:50] two weeks to do it and test it out and not get full [1:36:55] they can't do it and then all of a sudden come the 14th [1:36:59] while I was just doing it the other day and Jason didn't stop me or anything I [1:37:04] think it'd be cleaner and easier to have it done before the first do you have any [1:37:09] recommendations Mr Officer back there there's a lot of confusion going on with [1:37:14] this right now that's part of it why I didn't bring [1:37:18] this to you early because there's just a lot of [1:37:20] research and people are scrambling to figure out kind of how do you regulate [1:37:25] when you're putting on a training for law enforcement until the 27th of this [1:37:29] month it goes in effect at first [1:37:33] so you said you could get us an emergency ordinance if you have a [1:37:38] meeting scheduled for it probably have to be this Friday 28th 28th [1:37:43] um technically I mean you could have you [1:37:46] could have a meeting on next Monday um it might not go in effect until like [1:37:51] 12 o'clock on August 1st depending upon when you have your meeting to be [1:37:55] technical maybe it's 24 hours a special meeting either either way yeah are [1:38:01] people going to be around on the 28th I'm not [1:38:04] I'm a B I will be well depending on when you have it I work that day [1:38:12] um let's say six o'clock at night if you're gonna yeah I could do that it's [1:38:16] just I'm the only one working on Friday Forum so you need at least two-thirds [1:38:21] votes into approved copy here a Monday Friday [1:38:33] Tom would be I will be here so I'm the only one gone [1:38:38] so let's do it and as long as you have it [1:38:42] typed up we should be fine Sheen without you shouldn't we yeah [1:38:46] Diane's not here this week either then it's down here [1:38:52] and then if you do adopt it you just have to post it in three at least three [1:38:56] conspicuous places so obviously city office you'd probably want to put some [1:39:00] signage up public parks [1:39:03] um [1:39:06] but it could just be laminated signs it doesn't have to be three conspicuous [1:39:10] places that's what the charter says but later on you'd probably want to post [1:39:15] that in your parks and such um [1:39:18] so that people know and they notify business owners and such that they could [1:39:22] put the signs up as well is Diane back Monday Monday [1:39:27] she should maybe make the signs Monday just has to be three [1:39:32] three signs and we can post them wherever I mean we can decide in the [1:39:36] three conspicuous places so whatever I mean Council that knows how to make [1:39:39] signs Friday the 28th at 6. [1:39:44] yeah I just said that I just doesn't matter to me because how early can you [1:39:49] make it yeah that would probably be the earliest 6 30 works good too it won't [1:39:54] take very long no because that's the only thing we're going to I'm gonna [1:39:58] sex can can you hear it you can I can I'll sign you a draft and [1:40:03] you guys can note any comments so then when you show up it should be ready to [1:40:07] pass like very briefly so it won't take forever you don't want this televised [1:40:11] it doesn't happen it doesn't have to be [1:40:15] you know how to run the recorder right not here you're not here either don't [1:40:18] look at me Jeff knows [1:40:22] he could record itself yeah I can run walk you through it too yeah we can do [1:40:28] that on Wednesday no you're not oh you're gone today oh okay [1:40:34] yeah [1:40:40] [Music] so if you guys want to do that just uh [1:40:44] need a motion for a meeting that we have a special meeting on Friday July 28th at [1:40:50] 6 pm to do an emergency ordinance concerning [1:40:55] marijuana in public places first and second any further discussion [1:41:00] Tim did you have a question [1:41:08] all right all right [1:41:13] Dave teags hi the interviews you yes Seth Schmidt yes [1:41:18] Tom Dobson Jerry Jones hi George landday hi mayor [1:41:24] Corman hi [1:41:28] hi you did good now do we have to do something in order to be able to accept [1:41:33] him to make to make up he's talking to the [1:41:38] people he's doing no [1:41:41] okay because then we just have the full [1:41:45] resolution on the 14th oh he'll draft that [1:41:49] in accordance with our village of our city code [1:41:53] I think he already looked at that as far as as far as the resolution you don't [1:41:57] need any guidance from the council at this point for no it's just going to be [1:42:02] a it'll be a kind of a placeholder to ban public use until you guys [1:42:07] adopt the regular ornaments which will be more detailed and I'll [1:42:11] go through the city code there are some changes that need to be made to kind of [1:42:15] incorporate this into that but um I'll I'll keep you advised of that so as long [1:42:20] as we all do our homework it should take us five minutes I will make it my effort [1:42:25] to have everything right and ready for you so that it is five minutes yes [1:42:33] okay do we have a motion to adjourn it's almost [1:42:36] all those in favor all right [1:42:40] [Music]