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[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]