##VIDEO ID:i9LBOo6O9sM## all right we are good to go it is Monday October 21st 7:30 and I call the meeting of the brainer city council to order Tony please call the RO oday here stunich here Terry yep stanglin here Johnson here chz here bans here bed here please rise for the Pledge of Allegiance I pledge allegiance to the flag of the United States of America and to the Republic for it stands one nation under indivisible with liy and justice for all all right item number four we are looking for a motion to approve the agenda so Move Motion by stun is there a second second by Terry any discussion hearing none all in favor say I I oppose same sign motion carries item five is consent calendar notice to the public that all matters listed are considered routine by the council and will be enacted by one motion there'll be no separate discussion of these items unless good cause is shown prior to the time the council votes on the motion to be adopted by Ru call is there a move to adopt the consent calendar so moved motion by staying line is there a second second by o day any discussion hearing none Tony please call the RO OD yes stun yes Terry yes sting line yes Johnson yes chazak yes bans yes the consent calendar is adopted item six is Council committee reports item 6A is personal and finance committee I'll turn it over to Chairman Johnson thank you Mr President we have 10 10 items tonight the first of which is a resignation and the motion is to accept Mr Drew belton's resignation effective October 18th 2024 and further to authorize staff to begin the hiring process to backfill one of the Community Service Officer positions Mo you second second okay well second H move you can is okay okay got re reor I have no idea who made the motion I'm going to call it stunich made the motion John seconded that's what I heard any discussion on the resignation hearing none all in favor say I I oppose same sign that motion carries please proceed next up is a an update regarding arbitration with the ibw public utilities Union and pass over to Chris to give a brief update so we have have selected an arbitrator for our arbitration hearing with the public utilities Union the arbitrator will be Patrick Kelly um we did find some information about him on the BMS website as far as his bio and then as far as the date of the arbitration we were tentatively scheduled for December 18th I don't believe it's totally finalized yet I haven't heard that from the attorney but that is the date that we are looking at at this point Thank you any any questions from our HR on the arbitration I'm always concerned a person with two first names thank you appreciate that Mr chair oh do you have something else just that I have two first names oh not the same I think reel it in Kelly yeah I think we've heard enough Mr chair thank you Mr President third item is to approve an Mo MOA for new Public Utilities positions and the motion is to approve an MOA between the city of Brainard and ibw local number 31 Public Utilities Union establishing the wages for the business office support specialist facilities custodian and Journeyman Electrician positions and ISO move second we have a motion by Johnson a second by Cherry any discussion chairman Johnson these are the positions we've been trying to be hire trying to hire for over a year dating back to maybe May or June of last year on one of them and we haven't been able to get the union to agree to an MOA we we finally got there we have an MOA we are going to post these three positions and an MOA is for those watching us a memorandum of agreement on the position descriptions not descriptions but the wages perfect any further discussion hearing none all in favor say I I oppose same sign that motion carries please proceed thank you next up is a new line worker and the motion is to ratify the hiring of Josh grel for a line worker position further that Josh be placed on step four of the 2023 line wer line worker wage grid and ISO move so we have a motion by Johnson a second by stunich any discussion chairman Johnson we are fully staffed on in the line worker position now so we're excited to be there excellent news thank you any further discussion hearing none all in favor say I I oppose same sign that motion carries please proceed okay next up is another hiring and the motion is to ratify the hiring of Michael Habor as our Public Works director at step three with a November 1 2024 start date in ISO move second motion by Johnson second by Terry any discussion chairman Johnson so I staff went through the hiring process and I'm aware that there was another candidate that some people know and like who wasn't recommended but like I've long said the city council has one employee and that's the city administrator when the city administrator goes and interviews a department head I'm going to put my trust in his decision on who he think he can best work with so I'm going to support this motion to ratify hiring Mike Habor thank you Mr chair any further discussion chairman or yeah this is this is a tough one you know I'm sure that this candidate is a very high quality candidate but this is the first time we've done this type of hiring for a department head uh without any other committee members involved this is gone through staff and now what we have to go on is just a a short memo that just tells us this is who they picked I got a little more information from our administrator before the meeting which makes me feel a little bit better whoever ends up in this position I'm going to do my best to work with them but it is a little tough for me to decide when we when we know we have somebody who applied that has zero learning curve uh who does the job at a very high level it's it's very hard for me to go with this decision where we're going to be training somebody in at one of our most important positions in the city so I'm I'm on the fence I don't know how the rest of the council feels we're going to find out any further discussion Chief stunich I'm going to vote against this and the reason is everybody knows my history and I always like to promote from within or local people especially when you have a local candidate who's worked for the city understands everything he could move right in with his Boots moving and make things work I don't know the other C from all other than like you said Mike a memo and or whatever so I'm going to I'm going to vote no against this thank you any further discussion we'll go a Stang line then chz I um I I agree with councilman stunich and and OD day I I while I support uh our city administrator and I I want to have um and I I really do have great faith in in his his choices uh and decision making I want to know more um than we've got here for something like this and given what admittedly is not in our packet that I have heard I I want more uh and so I will also be voting no thank you Mr chz um I got a question or two um this position is like the third or fourth highest in the city or somewhere around there is that correct based on our hierarchy I don't know the grades Chris do you know what the grades are I don't know where he this position ranks with the grades nobody can answer that Jeff okay well it's somewhere it's a it's high up okay and then um I feel the same way um we're asked to make a it's an important decision and I I I certainly trust our staff to come back with good recommendations I um I I I don't see a um a resume I don't see a comparable to the other candidates um I I think it would behoove us to just not have any kind of background at all I don't know the work history of this person and again I I want to trust our staff I do but sometimes um I think in in many of the same comments I'm hearing is uh and this one I'd like to have a little more I I I don't know what the other options are and uh so before I can move forward with this I'd least like to see comparable resumés what was you know of course we don't have a discussion or interview to do but we could at least see where the work history is um and that type of thing and I would be prepared to make a motion to that effect if this does not go through tonight that we come back with more information thank you any further discussion Kary thank you Mr President I'm I'm curious if other council members are concerned about where this is at in the process why we didn't get involved earlier because we're at a point of offering the position now and this puts um staff in kind of an awkward position to want to offer the position and and US questioning their decision I agree with council member Johnson that ideally we would want to build staff from within and hire the staff person this time around it makes sense to those that were on the hiring committee that we hire this individual and I support um the staff's decision to do so is it ideal certainly not if I had questions though I would have gotten involved earlier on in the process thank you let's see I think I think everybody's every everybody's Mr Mayor I'll take a stab at it as well I'm going to Echo the sentiments about the process itself and I no process is perfect but in in making a decision like this I've always said that our job as council members are to represent the people we we can't do that without having the information in front of us and so even though we trust our staff and even though we present uh things forward from the staff and and like to accept their recommendations without any full information on it it's really tough to make that decision and then look out into the public and say we made the decision based off of the information that we had um so I knowing a little bit about the candidates I think we have an opportunity to hit the ground running right now I think we have an opportunity to set ourselves in motion and start moving forward on some projects that we want to do instead of constantly shuffling our staff around I'd like to see us as a city start moving forward and getting things done that the public are looking for us to do and spend less of our time constantly shuffling and looking for new individuals because we don't know if we have the right fit we've got a perfect opportunity to put somebody in place that we know is a good fit that we've promoted twice on the time that I've been on the council and specifically for this exact position I would prefer that the city puts themselves in a position where we are moving forward rather than hoping that we have the right candidate and and moving in a direction that we aren't quite 100% sure on thank you well I'll go last I I'm I'm going to support the motion and here's why if you didn't like the process waiting until we offered the job probably probably isn't the best choice and if you don't like the process I'm I'm hit to that next time let's change the process but we told our administrator pick a guy and let us know and now we're going going to say no what's going to happen the next time he picks a guy well no if you like one of the other candidates better you know more than I do because I wasn't in on the interviews I didn't get to see everybody's resume as a matter of fact now that's going to change if we vote this down because all of that is likely going to become public and I don't like that either if this is what we asked our city administrator to do and now you tell them well that's great but you didn't pick our guy why weren't you why didn't you say that when we told him to pick a guy why didn't you say that why didn't you say I want to be part of the hiring committee and I have no problem with that but under the circumstances I think to change now is probably going to really slow the process down to quote the mayor so I'm going to I'm going to stick with it I'm going to put the faith in our administrator and support the motion everybody's had a chance to talk once I'm going to call for a roll call be I'm going to ignore you unless I'll challenge that I have one piece of information regarding what you just said let's see if there's a second to the challenge second all right we have a challenge to that let's talk about the challenge yes I have a piece of information here to ref wait wait wait we're going to vote on The Challenge we're talking about the challenge mrz so the Mr chz has challenged my everybody's gotten to speak once including him and Mr OD agrees with that challenge so if you think Mr chesak should be able to speak a second time and and rest assured I will let everybody speak a second time if you will think that that Mr chz should speak a second time Mr chz had a chance to speak please speak only to the challenge and not to the motion if you'd like to speak Mr OD day you sure yeah I seconded it because I think any council member that wants to speak before we've made a decision should be allowed that opportunity and if it if they have something come up during that discussion that's what a discussion is he has more to say I don't have a problem with anybody saying what whatever they want to say in here that's what we're here for he's representing 14,000 people so I think he has a big voice and if he has a point to make make it enough anybody else wish to speak to the challenge yes Mr chz yes I have a piece of information reflecting on something you just said and it applies and I want to show you that I want to share that with you it's very brief fair enough and that's all I want to say okay anybody else wishes to speak to the challenge Tony please call the role and if you vote in favor you're voting in favor of the challenge in which case we'll we'll reopen the floor to additional discussion o yes Nick yes Terry no Stang line yes Johnson yes chesak yes bans no and that challenge is upheld Mr chz you have the floor yes I have an email here from October 6th which was prior to our last council meeting I do believe and it says very short hi Chris please let me know how many applicants how many qualified and how many are being interviewed from your recent memo it says job opportunities Public Works director scheduled for October 3rd interviews scheduled for October 3rd thank you Jeff so I asked just to your point I asked about this prior to the recommendation being made tonight and I got nothing I got no response this was a copy to Mr Royals so yeah I agree with you we should get part of it we should be a part of it if we want to if we want to do something more than uh just shut it down when it gets here before us but we also have a responsibility and I asked Mr B that's here I can share with you right now if you'd like I didn't making the suck on the screen I don't know how to do that you want me to send it to you here it comes oh it's on the screen I read it okay well there you go yeah but that's I mean I'm trying to find out more all right October my my point is Chef you asked how many people how many I sent it to Chris and Nick yeah my point is you you weren't part you didn't ask to be part of the interview process but I'm trying to find out more I understand I mean if that doesn't qualify for what you're saying I I'm sorry I disagree I understand okay we're on the discussion of the motion the motion is to uphold the uh hiring of the candidates chosen by our administrator anybody else wish to discuss that who anybody else I'll ask a final time and we'll ask Tony to call the rooll I'm going to remind you if you vote Yes you're voting in favor of the motion and hiring um Michael Habig horse Tony please all the rooll ode no stunich no Terry yes stanglin no Johnson yep chesak no bans yes and that motion is defeated Mr chair Johnson anything else president if you want to open it up for another motion that's on you or you want to M so I don't know what else keep moving on yeah I have a motion oh okay it's up to you yeah no I'll accept that okay I wanted to come back with more information like uh some background information on the the people that were interviewed and I would ask the attorney for a question here um is this public data already Mr attorney based on there being interviewed I believe it is member chesak and Council so under the data practic act applicant data uh such as if they're finalists if they were interviewed if that's what we're talking about here yes there's a number of things that are public job history education training work availability um that's all public data under the data practice act so a lot of what's on a resume not necessarily all of it but a lot of it private data is not public that's addresses phone numbers such like that but I made that point so we understand what we can have you can have it right now if you're a member of the public and want that that's why you met it you didn't want it made public it can be made public it is public so I'd like to come back with the applicants uh information whatever was provided scoring of the applicants by the uh group that interviewed all the relative data to what we're looking for I so move second can I ask a question Mr tzk absolutely to what to what end are you suggesting we become the hiring committee I'm not suggesting that at all I'm focusing on this one particular position you no no no I understand that but but just so I understand with the UN with the purpose of us picking another candidate why why would we want all this data when we've already told our administrator to make a recommendation because he's asking us for a recommendation Mr bevans he asked me and and I am not so sure I appreci I I'm am I'm not so sure I agree with the recommendation so I want more inform information got it and and then if we have to choose from the information we get then we can do that CU we're the city council that's very simple that's what I wanted to know that's good with the understanding that we will make our own recommendation thank you so we have a motion by chz a second by Stang line that we get all the information and make the recommendation any further discussion okay let's let's call the roll on this one Tony OD day yes stunich yes Terry yes Stang line yes Johnson sure chzo yes bans nope that motion passes anybody else like to try a motion on this item hearing none Mr chair we will move along thank you Mr President hopefully this one's a little quicker but it's another hiring in the public works department and it's actually informative because at committee we agreed to ratify the hiring but in the meantime she has rescinded her acceptance of the job offer she found a better job already so we're going to wait until we have a public works director if and when that ever happens and then we'll hire the the administrative specialist at that time number number seven is approved new Administrative Assistant job description and the motion is to approve the new Administrative Assistant job description and to authorize staff to negotiate the wage for the new position with ibw local number 31 administrative support Union and I so move we have a motion by Johnson is there a second second second by stunich any discussion chairman Johnson adds a little bit more responsibility onto this specific position and it will increase pay approximately $170 a month in in benefits and salary but it's it's it's a competent employee who we have in place there right now who we think could do a really good job with it thank you any further discussion here hearing none all in favor say I I oppose same sign motion carries please proceed okay next up was our discussion on franchise fees and the motion was to continue forward with exploration of the franchise fee model for funding through public engagement such as scheduling informational meetings and input sessions putting out an online survey and other possible Avenues as they may come up and ISO move second motion by Johnson second by Terry chairman Johnson we didn't like put the kabash on the franchise fees but we did say okay let's take a small step forward let's get public engagement we we've heard from some people I mean chair of the the president of the chamber is here we've heard that there's a lot of questions in the business Community I think we should let the entire Community the business Community the residents all bring their questions concerned to us so we have that information before we take any other steps forward so the the continue forward is just the one step of let's get get some public engagement and let's hear what people want because ultimately on its face I generally I on its face I oppose franchise fees pretty much all the time but I I'm willing to let staff explore this and see how it it might be beneficial for the community but we'll see but we want to hear public engagement thank you any further discussion hearing none all in favor say I I I oppose same sign motion carries please proceed next up is some insurance coverage change and the motion is to direct staff to work with the insurance agents to add rapid flashing Beacon signs as insured for our March 20 March 1 2025 renewal and ISO move we have a motion by Johnson second second by stuning chairman Johnson so we recently had damage to one of our rfbs and it was a $ 7,935 cost to repair the driver was uninsured so that cost all fell back onto us if we added them to insurance we would still be subject to a $5,000 deductible at each occurrence so it' save us $3,000 and it would come at the cost of $375 a year and as we keep adding these I think maybe we'll be replacing one every 10 years from traffic accidents so the the recommended motion is to add the coverage but I'm pretty indifferent about it to be honest thank you any further discussion Mr second that was right discuss Mr chz yeah um the damage to this one was $7,000 and change the next one could be 15,000 I would assume so it's I mean I I think it behooves us to uh get the insurance thank you any further discussion Tiffany s question um these things are very popular and I'm wondering if as we add more of them our insurance cost is going to go up commensurate to that or is this like this will cover 50 of them I don't know this covers n we have 19 this would cover the 19 we currently have okay so if we add more our insurance rate we'll be paying more for the insurance okay Connie do you have an answer to Tiffany's question it would be the $375 is for $100,000 of property so they would pay up to $100,000 on one claim regardless of how many of these things we have correct okay it doesn't look like we need a hundred you didn't tell us no any further discussion I I have a a question and I don't I already asked it of chairman Johnson but I'd like to ask it of maybe Mr Dean I support the motion by the way but my question is if somebody ran into my car without insurance I might consider suing them have we done that to this particular violator I mean it's a state law to have you have to have insurance that would be a better question for the police department I know we filed the claim uh with the police department they filed the report uh and I know they they were working with the city prosecutor on that matter I don't know where that's in with the legal process Tony any answers are we in the process of trying to recover some of our cost being that this person was violating numerous laws to be quite Frank I don't know um can you get an answer and have come back yeah I can I can certainly get that answer I it would seem to me like we we should do that yeah for sure yeah we would uh ask for some restitution um through the court yeah so I I I I presume this person isn't exempt from the state insurance law no so all right thank you anybody any other questions hearing none all in favor of this motion which supports the insurance covered say I I I oppose same sign motion carries please proceed thank you the final item on our agenda is funding to be budgeted for the 2025 Council Retreat and the motion is authorized funds to be used from the council special projects line item in a 20 in 2025 for a council Retreat and select a day of the week for the retreat to be held with no money being spent on food for council members and I so move second motion by Johnson second by Terry any discussion chairman Johnson so the city administrator wants to hold a retreat to kind of talk about our organizational structure our Mission Vision Values City facilities and any strategic priorities we have over the the medium term and he wants to be able to put together some supplies and resources and he initially said food but we weren't comfortable accepting taxpayer dollars for our food so we're authorizing him to use that money from the council special projects budget to get what he needs in a reasonable manner for the retreat to be a success thank you any further discussion Mr Mayor yeah you did not have me until the no food so I want you could bring your own food I understand that I as I probably will do I'm a hefty guy cookies giant I'm a little concerned now that weed is legal any further discussion hearing none all in favor say I I I oppose same sign motion carries anything else Mr Mr President part of that motion was to select a day of the week do we want to do it on a Saturday do we want to do it on a Monday night what do you week day or weekend week day we got one week day what are you thinking like a six eight hour thing here like yeah so it' be a full day like a vacation day the retired guy says week day and at the legion and at the legion anybody other have a comment okay then we will look for a week day this will be an entire day and I imagine we'll do a doodle poll of some sort with fewer than 10 options with fewer than 10 options all right we days Mr chair does that give you what you need yes sir thank you end of report thank you very much we'll move on to item uh 6B safety and Public Works committee chairman Mike OD day thank you Mr President we had five items on safety and public works tonight uh first item was a discussion on sanitary sewer rates uh motion coming out of committee was to direct staff to come back and I believe it's two meetings yeah uh with information um regarding the need for how much rate increase we would need to meet our demands along with when to add the main sewer project and that we we'll speak of uh in in the capital plan and I feel like I'm forgetting something I don't think so and any any other uh funding sources that are available to offset some of those needs I so move second we have a motion by OD a second by chz any discussion chairman OD yeah we have about 302,000 in our um is it storm sewer fund sanitary sanitary sewer fund uh we have some repairs that need to be made uh one is underway right now and there's another one that's about to be done um that's going to that's going to cost us about roughly just under $100,000 we have the money to do that this year the 302,000 was budgeted to help with our sanitary sewer run the the main run that was supposed to cost that much now it's up to about 1.1 million so we need to we need to change some numbers uh relook at the math and decide when we can get this done it's not imminent to be done right now but it is an old pipe that needs to be uh repaired or or replaced whenever we can the sooner the better thank you any further discussion Mr Mr tzing yeah this is a kind of one of my things I've been working on as far as hoping we can uh take care of when it when the need is there and and if I'm not mistaken our engineer Jesse uh Dean had indicated that this would have been a project moving forward with had the costs not uh come in so high so there's it was it was something we put off because of a high price but we can't keep kicking the can down the road on these sanitary sewer projects this is really close to the river it's a very volatile place for environmental safety and that type of thing the hazards are exist so we need to move on this and I'll be supporting whatever we can get behind to get this done and however the funding comes in through uh increasing our fees or bonding as an option that the sanitary collection sewer um fees would pay for as uh we discuss in committee so thank you um Mr Johnson then mayor B thank you I I I support this motion and ultimately I agree with Jeff that I support that rates need to go up this is an Enterprise fund we obviously haven't done a perfect job of maintaining the system throughout the years because we're having so many collapses and problems that we've got to get on top of it and we've got to get ahead of it on the maintenance and the replacement of these before they collapse and break down so I look forward to see what staff comes back with thank you Mr Mayor well mine is more of a statement now because I believe Jee answered my question Jee this appears to be some of the stuff you were talking about in one of our previous meetings and I just wanted to thank you for bringing this stuff out because this stuff is very important for us getting a handle on what we're doing when we're doing it and why we're doing it uh I just appreciate whenever we stand up and ask for more information and move down those directions so thank you thank you any further discussion hearing none all in favor say I I I oppose same sign motion carries please proceed thank you uh next item was having to do with the Willow Street uh South Fourth Street uh roundabout project and motion coming out of committee was to adopt the attached attached resolution affirming the no parking zones of South for Street and Willow Street within 200 60 ft of the intersection of high highway 371b and I still move second we have a motion by day a second by Tang line chairman o yeah so this is more of a formality there's already no parking in those areas um this is just something that mot requires uh when we do a project like this thank you any further discussion hearing none Tony please call the role OD day yes stun yes Terry yes Stang line yes Johnson yeah chz yes bans yes resolution is adopted please proceed thank you next item is authorization of an application for the national Scenic byway grant program and a recommendation coming out of committee was to authorize for srf to apply for the nsbp grant for the trunk Highway 210 Lum Park pedestrian bridge project on behalf of the city uh conditional that the city be awarded sufficient ija technical assistance funding to cover the the 9,954 in ISO move second we have a motion by OD day a second by stain line any discussion chairman OD I'm sure everybody knows all those acronyms and what they stand for but this is this is just another uh grant that we're going to go after uh specifically having to do with the Minnesota Great River Road and uh National Scenic byways hopefully we can get another million dollars uh towards the project so it's not put on our taxpayers like we have already discussed that we don't want to do and will not do thank you any further discussion hearing none uh all in favor say I I I oppose same sign motion carries please proceed thank you our next item was uh direction for the paradig Paradigm auto code violations uh motion coming out of committee was to direct staff to come back with information on a possible land swap with with the uh land owner uh am I forgetting part of that motion yeah the uh it was a the motion included uh can he coming back with staff can he use uh crushed concrete and the calcium chloride to keep dust down if the staff would say that's appropriate yes more specific information on what he can use for a Harden surface move and I think I include it as a fence going to be have to go through I think it was and anyway okay makes sense right as long as James kick has no questions that's the staff right it was clear as mud during our meeting too basically we're asking for more information um on what the options are for this individual if you remember I asked for this two weeks ago but we're going to do it now now we're going to do it excellent so we have a motion we have a second any further discussion chairman Johnson I have a question if we're saying he the the business is out of compliance are we putting on hold as part of this motion a pause on all fines and administrative finds and whatnot until we get this figured out as a body that's correct okay good any further questions hearing none all in favor say I I oppose same sign motion carries please proceed thank you item number five was uh brainer community actions request for semi-permanent stat stues in the right of way uh motion coming out of committee was to recommend the approval of the request by Brainard Community Action for the in insulation of semi-permanent statues in the downtown Corridor right of way and I so move second we have a motion BYO day a second by Stang line any discussion chairman OD yeah as you can see from the pictures we have the idea to put giant Christmas cookies in downtown Brainard as decorations I thought they were going to be there year round unfortunately just going to be there during the holiday season but still a nice addition to our holiday decor and brought to you by Briner Community Action at no cost to us thank you any further discussion hearing none all in favor say I I oppose same sign motion carries anything else Mr chair report thank you very much item seven is unfinished business 7A is call for applicants Mr Mayor yes before we do call for applicants I do have one recommendation for the council my recommendation for the Public Utilities Commission of one Patrick wo we have a recommendation to approve Johnson second may we have a motion to approve by Johnson is there second second biod day any discussion hearing none all in favor say I I I oppose same sign I welcome back Patrick Mr Mayor please proceed just when you thought he was out we pull him back in the following commissions have board or have the following commissions and Boards have uh positions available uh Charter commission two terms expiring 2026 two terms expiring 2025 Library board one term expiring 2025 Public Utilities Commission one term expiring 2028 Transportation advisory committee two terms expiring we did just fill that I realized that halfway through but thank you for bringing it up as I'm continuing uh transportation advisory committee two terms expiring 2026 we also have the Economic Development Authority one term expiring 2026 thank you Mr Mayor and as council president I've got one position on the Planning Commission uh one term to I'm sorry two positions one term to expire in 2024 well that's a that's an e that's a three-month position yeah really and uh one term to expire in 2026 item s 7B is the final reading of proposed ordinance 1576 an annexation of 15106 uh Riverside Drive Mr kic anything you'd like to add to what's in our packet thank you Mr President uh nothing to add from the last meeting so with that staff recommends conducting the final reading and to dispense with the actual reading of proposed ordinance 1576 and approve proposed ordinance 1576 thank you any questions of staff on what we're voting on this evening okay hearing none the first order of businesses we're looking for a motion to conduct the final reading and dispense with the actual reading of proposed ordinance 1576 an ordinance providing for the annexation of 15106 Riverside Drive so moved motion by stain line is there a second second second biod date any discussion okay just a reminder this must be unanimous or we have to do the reading all in favor say I I oppose same sign that motion passes unanimously the second order business is to approve Pro proposed ordinance 1576 moved motion by St line second second BYOD day any discussion on proposed ordinance 1576 hearing none Tony please call the RO OD day yes stck yes Terry yes sting line yes Johnson yes TZ yes bans yes welcome to the city of Brainard uh next up is item 7 C and wait a minute yeah an update on it integration uh Mr BRS thank you Mr President on October 7th Council asked staff to provide more information regarding the proposed it integration between the Cityside it and the public utilities it um predominantly I think the Genesis of this request was whether or not the council has authority to direct this integration I brought in attorney langel into this conversation he drafted a letter which was part of the packet um I just want to hit a couple highlights from that letter um this is this is a direct quote from the letter given that the council controls the terms and conditions of employment for all city employees including those working at BPU the council has authority to direct the city administrator to integrate it Citywide for organizational and efficiency purposes the IT personnel at BPU must continue to fulfill the operational needs of the utilities as determined by the commission just as the IT personnel at City Hall must continue to fulfill the operational needs of the various departments in the rest of the city for example police fire and finance having varying duties for the various it cons consumers throughout the city does not prevent the city from integrating the two it departments organizationally so the Letter's in there um attorney langel's here to answer questions if you have them I'm also ask asking for staff or excuse me for Council to direct staff to form an integration workg group consisting of council president bevans Public Utilities chair Matten City administrator boals and Public Utilities director Evans to oversee the integration process thank you any questions of Staff Mr chz I think I have an question for our attorney um yep he's here yes um Mr langle when we give ction to staff that's a formal process process is it not member chesak Council I'm not sure what you mean by formal process I mean it's a public process correct it's the direction is public what is carried out the information that might be obtained or utilized during that process is not necessarily public depending upon whether it's Personnel data or what have you right so in order to give direction do we have to vote on it not necessarily um councils often give direction by consensus depending upon the circumstances of the conversation like when we have workshops and so forth there are no formal votes you can give direction by consensus but um that's kind of up to the council that in order to direct staff we have to do it through via motion and second and vote you certainly can do it that way yes yeah it does it's not an interpretation that's what it says I don't recall we ever voted on this Mr bevans we haven't yet no it says right there it says right there we were directing him to do that when did we vote on that oh I I don't I chairman Johnson believes he can answer that part when we gave direction to merge the it is that what you're asking he Mr Royals read a memo just now he said he was directed by councel to integrate when did we direct him to do that I think Mr Johnson could answer that Mr Johnson I can't I can answer that question yeah as part of Mr bro's contract of employment we agreed to conduct a six-month job performance evaluation at which we did conduct the evaluation we talked about goals moving forward two of which were integrate it and finance Chris Schubert and myself put together a recap of the review and the Direction moving forward and it was placed on the consent calendar of the next council meeting that consent agenda was voted on and passed unanimously by the Brainard city council yes I remember that so where didn't we give that direction I just wanted to point that out thank you thank you Mr chesk you have the floor I'm good good no other questions of Staff okay any other questions of Staff Mr Johnson yeah one question if we're appointing council president bavans and Public Utilities chair maton in October November do bevans and matens stay on the integration committee or do those chairs the council president and the public utility chair Nick what are you thinking Nick position or person position would be my opinion okay I think that makes sense y so the positions are Public Utilities chair and council president chair if if it goes into 2025 and those positions change good good question any further discussion or I'm sorry not discussion questions of Staff okay so we're going to look for a motion and the motion is to appoint this integration workg group and by positions it not names I'll ask a second yes mrz being that you mentioned something about interviews and if other people want to get involved you wouldn't have any problem with that would you have any problem with other council members sitting in on this as long as there's not a quorum of a Committee involved I I can't answer that I'm not asking for the committee Mr BRS the decision is ultimately up to the council my interest would be to have a relatively small group we'll be bouncing off a lot of ideas War wargaming potentially a lot of strategies that might not ever come to fruition so I just want to have a smaller group that's a little more agile but it's certainly up to the council who they want to have on the group The on the work group I I I don't know if I can give you any more answer than that well I appreciate it what you said about getting involved and wanting to be involved and I I take that to heart and uh I know yeah I wouldn't mind being part of this you know is there any objection to that are we just limited to the council president and the public utilities chair I mean we talked about it just earlier I I can't I I can't answer that I would you would what have any objection okay well I'd move that we allow other members and I'd so i' i' uh what let's let's let's see do we have a motion on this don't yet we don't have any motions on this I have a suggestion well wait Jeff asked to have a motion and we have no motions on the floor so I think he has the floor oh okay I I would just make a motion that uh I'd volunteer to be on this committee as well as president beevans I think we work good together thank you that's is that a that's a motion but we have no okay committee yet we already discussed we we don't have a committee yet and the and the people on this committee are not by named so you're asking to be on this by named which is kind of odd but you have made a motion so we'll look for a second on that Jeff chz gets to be the only person named to this to this committee and I'll ask a second time if there's a second and I'll ask a third and final time if there's a second and the motion dies for a second Mr chesk has the floor then Mr oday then Mr Johnson yeah I just uh you know on one hand we're talking about being involved and we we talk about interviews and people wanting to maybe find out more information and this a this seems to be cloaked with a little secrecy here and that's why I wanted to be part of it I'm sorry that's the way it looks thank you thank you Mr OD I would suggest we add uh liaison to Public Utilities Council liaison to the list on this group that's all okay want to make it as a motion yeah make that as a motion and let's just do that yeah remove all the names from the recommendation just positions and add uh Public Utilities leison leison second motion by o day sacrifice dang to get the names out of there as Mr chairman Johnson said just have positions and add a position of the public utilities lays on any questions or comments chairman Johnson thank you I I question it I'll support the motion and I'm happy that Jeff wants to be involved and as the leis on he's got a good understanding of both organizations but it does tip the balance into three City Hall people versus two Public Utilities people people and that could end up being a problem so we we may have this coming back adding yet another member but I I support the motion I'm fine with it thank you I I don't think it would only because this is just a work group every anything this work group decides I have to come back here anyway so you know what I mean it's a it's a work group Mr bons Mr tesk I I'm I'm not offended At All by what you said Gabe but I just like a clarification I don't consider myself a city hall person I I'm a person of the people so that's who elected me so Kelly thank you any further discussion so the motion by OD day second by second line is to add to to remove the names and add the public utilities lays on all in favor say I I I oppose same sign motion carries so we've added a person to a work group that we don't have yet we're getting there so chairman Johnson I would move wait wait no no OD are you done I was done quite a while ago all right Johnson move we create the work group create the work group with those five all right we got a motion by Johnson a second by stting line that we create the work group with no names just positions unbalanced as it is any further discussion hearing none all in favor say I I oppose same sign that motion carries okay uh where are we now next up is an update on the information requested on the Brainard Lakes Regional Airport and this is Connie hman and Nick BRS I'll take that Mr pres anybody either one of you like to add the or clarify or discuss what's in the packet I I just will I'll hit a couple highlights if I may Mr President on October 7th um Council asked staff for three items and I won't read those to you more information on our relationship with brard Lakes Regional Airport just to kind of summarize the first item was approximate time and expenditures on what city departments are contributing in support of the Briner Lakes Regional Airport this is the one that still outstanding we're still trying to collect some data some of these numbers are going to be a little bit more difficult to estimate because some tasks are um just kind of peanut butter spread across the whole organization you know if it's software updates or things of that nature so so we're still working on number one to try to get more information we'll come back to council with those number two they asked for Council asked the staff for Council minutes where Direction was given for staff to perform HR Services there are no council minutes um where Direction was given to staff to perform HR services for the airport HR did used to be under Finance um and since providing Finance Services as part of the airport ordinance HR services are Al also to be provided for uh the airport employees such as onboarding open enrollment and payroll and then third item was a copy of the it shared services agreement with some Associated dollar amounts and hours and that is included in the packet and I can try to answer your questions um Connie may help me if I can't but any questions from Council yeah any questions this is purely informational there's no recommended motions from staff I have a question Mr chesk yeah um Nick I appreciate you getting back to me right away with my email I hope everybody saw that the one thing I would arue is where it said um the council this ordinance was drafted where it included Finance as being the city's responsibility and that was in 1946 and there wasn't even HR in 1946 that was brought along into the city as a position or a I believe in 07 when Chris Schubert was hired and um so whatever that position was put under does not in my opinion automatically make that now a responsibility to the airport ordinance when it comes under finance that was added an after the fact so I I if if it was thought that um you have an ordinance from 1946 that's okay City's responsibility is finance and now we move along through the years and somehow Finance undertakes the uh role of HR and now we have a separate HR department I would just argue that they're not combined now and if you can somehow clarify that for me where I may be incorrect in my thinking i' I I'd appreciate that no I agree HR and finance are separate now so if HR was under Finance at some point in the past they're now separate and to your point we do not have any Council minutes that direct staff to provide HR services to the airport okay so to then to my point on that is we are we are paying a cost that was nowhere ever agreed upon in this ordinance between the city and the county and and that's just the reason we're bringing this forward is to show the public the money that is being spent by staff time for the airport based on the money or we pay our employees for the hourly work and I and I assume that that'll be coming back from HR even though we may have a difference of opinion on why it's in there to begin with or not but can we look forward to that then I think that is in the works right the hours that HR spends yes we we'll work on okay thank youting that information that's what looking for thank you appreciate it Mr bons no problem any other questions of staff on their update on the airport comments I'm sorry what was that Cara no Connie Connie had raised her hand but no I guess she doesn't have anything to add I don't know if it's a twitch or she has something to say but I I look at her and then she hies behind her computer but Connie anything you'd like to add okay any other comments questions okay thank you uh Mr br we will move on to item 8 new business item 8A is adopting a resolution providing for the issuance and sale of General obligation bonds Series 2024a in the proposed amount of 3,370 th000 Connie anything you'd like to add to what's in our packet I would actually like to turn it over to our finance adviser Miss Chris Hogan who should be online with us with Baker tilly all right Chris are you with us there you are I can you hear me yep we hear you just perfect tell us tell us what we need to know I will do that thank you mayor council member council president council members uh my name is Chris Hogan I'm here from Baker Telly I serving the city as the municipal advisor uh here tonight to provide some information in regards to the city's um proposed issuance and sale of their cities G General obligation bond series 2024a in the proposed principal amount of 3, 370,000 and to answer any questions um to start to give you a background on what the proposed issuance is for it's uh for two purposes um 2,300,000 are for improvement bonds um those are for accessible public improvements um those are related to give me a second here to do that uh the north binard reconstruction project and then there is the other purpose is for 1, 340,000 utility revenue bonds and that's to finance the water related improvements to the north brainer reconstruction project uh just to step through um a stale a sale process so tonight we the council is considering the resolution of the terms and the sale of the bonds we will then go to a uh do a rating um process we'll go through a rating process the city's current General obligation rating is double A minus we have a meeting scheduled with SNP uh Finance director um BPU finance manager and Baker Tilly we have that scheduled for October 29th and then we have the sale scheduled for November 18th at 10 o' and then um we will get the bids that day and the council will consider the words of the bond that evening to the winning better just a couple I just wanted to make a couple notes on the current market environment um we um measure the tax exempt Market based on the bond buyer index uh just looking over the last um right now where we are today mid October is about the lowest we have been in Market rates since uh early summer and they have come down since then actually we haven't been at this uh level um back in March of this year um as probably most of you know the FED had um cut interest rates in September by a half perc and there's expectations that there'll be additional interest rate Cuts yet this year of a half to a 3/4 per. so the bonds are set up to be repaid um over term of 10 years the local portion is going to be paid with special assessments and tax Le general tax levies the BPU water portion is also structured for a re payment term of 10 years and that's to be paid with the water utility revenue bonds or water utility revenues um and with that I guess I'll take any questions thank you Chris any questions of our bond advisor on the tonight's resolution none thank you you're don't go away yet just in case something comes up so we're looking for a motion to adopt the attached resolution providing for the issuance and sale of General obligation bonds series 2024 in the proposed aggregate principal amount of $3,370 th000 anybody care to make that motion so Move Motion by o day is there a second second by chz any discussion on the motion chairman Johnson yeah I have a question about the 2,300,000 in Improvement bonds sure where does that match up with what we had in our Capital Improvement plan for that project what what were we expecting to bond and what did we end up taking on debt for this project okay I'm gonna have to defer County on that y we got that I want to say we were thinking we'd have to issue about almost $2 million if I remember correctly okay this is over 2 million so well we also have to pay for the cost of issuance as well cuz we don't have the funds to fund that but then the project cost came in differently as well so I think we were planning on issuing the the 2 million and then paying it back with special assessments I mean our our Levy amount was lower than we had predicted because it wasn't for the whole 2 million the Deb Levy was to the benefit of the taxpayers based on what we had projected repeat that what ended up going on to the debt Levy is better for the taxpayers than what we initially projected no it's worse we they rescheduled it this year so what we had in the preliminary Levy was what we structured it for but it could have been a little bit higher than what was in our preliminary Levy yes chairman Johnson I guess those are English words and I might note that the bonding amount for that project the project amount is 1,962 846 like Cony said the borrowing estimate now is 2,30 but that includes cost of issuing the bonds chairman Johnson anything else no okay any other questions on or comments on the on the on the motion Mr chair yes Mr ches um just so I'm clear are we talking about um our Levy being affected by this in the sense that we may not have as much call it the Surplus that we preliminary levied for than what we were expecting I would say no but I'll let defer to Connie hman when we did the preliminary Levy I do believe we were having $167,000 for to pay off these bonds when the way it was structured we structured it so that is the amount that we have to pay for the 2025 Levy amount if we hadn't had that amount we probably would have had a little bit higher it would have been like 175,000 or something like that if memory serves me correctly answer your question Jee um I'm I'm really not sure I I understand what you just said so my question is again just so I make sure um what we our Levy is preliminarily set and is this going to AFF um because we did Levy higher just in case we didn't had some questions left over is that going to affect the dollar amount that we had above what we set it for um with the uh let's see if I get this straight so if you recall our Levy discussion gab had indicated he's adding more to that of about $130 some thousand and U and that I think directly affected what the airport Levy was as he indicated and now um we've added a little bit tonight with the uh the higher I do believe of the of the specialist administrative specialist position that's a couple thousand bucks I believe is that all affects our preliminary Levy does it not and then does this particular cost of this change that dollar amount we had in the quote unquote Surplus in that preliminary Levy amount is that this action does not because this was what was in our preliminary debt Levy okay that's thank you very much any other questions or comments on the motion Okay so we've got a motion we've got a second to to adopt the attached resolution Tony please call the role OD day yes stunich yes Terry yes sting line yes Johnson no chesak yes bans yes that resolution is adopted thank you thank you Chris next next up is item 8 new business B authorize the submission of a small cities development Grant preliminary proposal to the Department of Employment and economic development uh this would be Connie hman anything you'd like to add to what's in our packet actually I'm going to turn it over to John schmer with the Briner jury John please come on up to the microphone you do have to give your name and at least the address of the HRA or somewhere thank you president bans uh John Scher 324 East River Road with Briner H uh again thank you president bans members of the council um to submit for the deed small cities development program Grant we are required to have the city approve submission of that because this grant is applied for on behalf of the city so the grant becomes the city of brainard's Grant um so in order to do that the preliminary proposals due November 27th this uh Grant is going to request funds from the deploy Department of Employment and economic development to rehab owner occupied homes low-income families can apply for these Grant dollars to make health and safety repair is another item like that part of this grant submission will also be to ask for dollars for commercial rehab to coincide with the Reconstruction of Highway 210 throughout the city of Brainard um we are also looking at doing some rental rehab uh as part of it to determine if uh we would be eligible to receive this we have to prove that we have interest so we have been sending out letters to the and the there's a map of the target area included in the packet we've been sending out letters and started to get responses um it's important to know to deed wants to know that these funds will be utilized so it's part of the process and again we're just asking for the council to approve submission of this Grant on behalf of the city perfect before you go any questions of John any questions or John Mr Mayor yeah so I actually happen to live within the target area there so I did receive the the survey and I I was looking for in the packet I didn't see it in there but on the survey there's actually specific dollar amounts and you spoke to the the lowincome aspect of it who sets that dollar amount is that set by the state or is that set by H determines that I'm sorry was that HUD the Housing and Urban Development Department of Housing and Urban Development thanks Mr Mayor Mr chz what's the dollar amount you're looking for here we will request we can request up to $600,000 for the rehab of Housing and $600,000 for streetcape so it could be a total of 1.2 million that we request no local match we it's competitive based off and if there's local dollars match there's uh funds that have come in from previous small City small cities grants that the city has it's called local income and we plan on utilizing those funds as leverage we partner with uh TCC and weatherization for the homes there's a value placed on that uh service we can come with that as leverage funds any time that the H staff puts into it we can count as leverage funds as well so yes to answer your question there is leverag dollars that go into this um but there's several sources for those funds thank you thank you thanks Mr chz any further questions of Staff thank you very much John thank you okay so we're looking for a motion to authorize the brainer H to submit to a small Ci's uh development program for 20125 preliminary proposal to the Department of Economic or employment and economic development to coincide with the Washington Street construction motion by chz second by Stang line any discussion on the motion hearing none all in favor say I I I oppose same sign that motion carries next up is the uh resolution regarding the 2023 2024 nuisance abatement and 2023 2024 Downtown special services uh District um assessments uh Mr de or and or Mr cranic anything you'd like to add to what's in our packet yes sir Mr President attach other proposed assessment rules for the 2023 to 2024 uh new cens has uh abatements in Downtown special services District uh staff is recommending to First hold the public hearing staff can assist with questions during the hearing however following the public hearing staff is recommending adoption of the resolution that adopts the assessments to begin the 30-day payment clock if there are any contested assessments staff would return with those assessments at the next meeting for discussion unless Council wishes to adopt the contested assessments without further consultation and James has some more to add on to this James yes thank you Mr President Council um just want to make you aware we did have three people I believe last week that turned in um contested assessments so there'll be three of them that staff will bring to the next meeting U with more information for city council okay and um before we open the public hearing just a procedural thing that you clarified with me James is that staff normally requests that we adopt the resolution with the entire assessment rule correct y cor and then we come back it's easier to come back and remove if Council in two weeks decides that they wish to to change an assessment or remove an assessment does that does anybody have any questions on the on the staff recommendation on adopting the entire assessment rule this is what we've normally done and I want to make sure you all understand and anybody who's here to to speak on the assessments that would that would hold for you as well is that generally what we do and we may not do it tonight who knows what we're going to do tonight but in the past we have adopted all the assessments and then we then we pull you off one by one uh in two weeks if if Council desires so the first order of business is we're going to hold a public hearing to hear testimony for or against the proposed assessments so if you got an assessment and you're questioning it or wanted to the council to hear what you have to say it is 8:41 I will open the public hearing come up to the microphone state your name and address and let us know what is important to you Now's the Time come on up and we there's three letter letters we got and they'll automatically be looked at so you might be one of those three or not so I ask a second time if you're here on assessment letter that you received and wish to contest it or discuss it or question it in any way now is your time to do it and I will ask a third and final time if you're here to testify on your proposed assessment for either the nuisance abatement or the Downtown special services District now is your time to come forward and I will close the public hearing at 8:42 and look for a motion to adopt the attached resolution so move we have a motion by o day second second by stting line any discussion on the motion any discussion on the motion hearing none Tony please call the r OD yes stunich yes Terry yes sting line yes Johnson y chz yes bivans yes that resolution is adopted next up is item 8 new business 8D is adopting a resolution adopting an assessment for improvement 2208 the South brainer reconstruction project uh this is Mr Dean thank you Mr President so attached to the proposed assessment roles for improvement 228 the self-branded Reconstruction project so same as the last one staff is recommending holding the public hearing followed by adoption of the attest resolution adopting the assessments we have also included information in the packet regarding criteria for deferred assessments and would direct anyone requesting deferment to fill out the appropriate application uh with staff here at City Hall during our business hours uh complete ineligible deferment applications would be presented at a future council meeting for consideration thank you any questions of Staff any questions of Staff okay it is 8:43 and I'll open the public hearing to hear testimony for or against the proposed assessments on Improvement 2208 which is the South Brainard reconstruction project again if you're here to testify on that project are that project's assessments please state your name and address when you come to the microphone I will ask a second time if you're here to come forward to the South brained reconstruction project now is your time come on up state your name and address and tell me what you think of these assessments too much and your name and address uh John stubs 823 South 6 Street thank you John what do you think I have to say first of all they did a great job thank you you know they were very polite very courteous very informative let me know when I could get in my driveway and out so I do appreciate that um so my big question it's an assessment of 6576 per foot is that the same assessment everybody got per foot I I believe so but let's say yes our engineer uh Jesse and has nodding his head everybody got so it's all the same okay and accessible footage how did they measure it or you know I don't I don't yeah they actually go out measure it it is based on the the platted footage of your Frontage so certain homes only have one set of Frontage your home actually has two so you have a corner lot you have the full Frontage on one side and then you also have the side yard deduction which is only half of the Frontage on the other side which is per the policy which is on the sidey yard you are only assessed for half of that Frontage so I'm assess half of it on Rosewood itself the Sixth Street was already done looking on correct you're not on the six side it would be of the two hang on a second here of the two you have 150 on the one side or no it would have been the 75 feet so it would have been 150 divided by the the two so only a 75 times the assessment rate yeah I'm just trying to clarify and I'm more inclined to pay it off because I don't want to pay 5% interest over 10 years etc etc you know that that adds another 3,000 in cost they shouldn't be making money off of us all right anything else no that was my main point you know and why are they charging 4.9 that seems awful high for other people when they're getting assessed on their property think assess you talking about the interest rate yeah I think the our our general our policy is 2% is it or One 1.5% 1.5% over what we cany above what we pay of what we think we're going to get when we issue those bonds that's been for 22 years since I've been on the okay I just wondered because to me that's more than I'm getting off my CDs you know I mean you know so that seemed a little obessive you know for cuz you guys are making money off of it understood you know so that that was it's an incentive to pay it off right I guess but anyhow I just thought that seemed High that's my only point on that thank you and thank you for the information thank you thanks for coming forward all right it's 8:47 we're in the public hearing on Improvement 2208 if you've got something you'd like to let the council know about your assessment please come forward and I will ask a final time and I will close the public hearing on testimony for against the proposed assessments and look for the council to make a motion to adopt the attachment resolution adopting the assessments as proposed for improvement 2208 South Brainard reconstruction project so moved motion by stting line is there a second second second BYOD day any discussion Kary Mr President I'll abstain from this motion because I live in this area okay any further discussion hearing none Tony please call the rooll OD day yes yes stunich yes Terry St Stang line yes Johnson yes chzo yes bons yes that resolution is adopted we will move on to item 8 new business e considering the $1 per acre incentive program and parameters Mr kic anything you'd like to add to what's in our packet yes thank you Mr President uh so Swanson hasap Consulting prepared a memo with the parameters of a potential land sale incentive program and presented at the October 3rd Eda meeting for city-owned property uh the purchaser must submit a development plan that includes a detailed site plan building SL architectural concept plans with estimated cost job and employment plan and a $10,000 application fee uh the Eda did not recommend setting a number of jobs that must be created and would like to review it on a case-by casee basis part of this had to do with uh land has different sizes so they didn't want to set a a particular number um so with that the Eda unanimously recommended approval the $1 per acre land credit program as presented by shc at their meeting uh this is very similar to what the city council had approved I believe about five years ago any questions of staff on the $1 per AC program yes Mr chz did we sell any of those five years ago through that time we have not um you know one of the one of one of the issues is we didn't have it listed with a realtor as well so that's something that we do currently have Katie bar to the door yeah it'll be a line C Jeff chz any further questions of Staff okay hearing none we're looking for a motion to either approve or deny the $1 per acre land credit program as presented by shc so moov motion by chz is there a second second second by OD day any discussion hearing none all in favor say I I I oppose same sign motion carries item f is consider a conditional use permit for Propane fuel storage tank facility at 2602 South 11 Street for the superior fuel company Mr cranic what would you like to add to what's in our packet yes thank you Mr President so Superior fuel has applied for a cup at 2602 South 11 Street to utilize for bulk storage of propane uh the Planning Commission reviewed this application earlier tonight at a special meeting and conducted the public hearing uh the proposed storage area for small residential propane tanks that are unfilled will be screened by a chain link fence with slats uh there will be no impacts to the entrance SLT trffic flow as a prop uh as a result of the change of use of the property the previous use of the property was a a construction company uh the proposed location was reviewed by the fire department and meets all setbacks uh the proposed bulk fuel fuel storage facility is harmonious with the adjacent Residential Properties as there is another bulk storage facility even larger to the South uh no one spoke at the public uh hearing at the Planning Commission meeting and no additional comments uh were provided by the Planning Commission they did unanimously recommend approval uh so with that the recommendation is to approve the cup with the following conditions a final inspection by the fire marshal and building official are to be conducted prior to operation of the facility and I can answer any questions any questions of staff on the propane storage tank okay hearing none we're looking for a motion to either approve or deny the conditional use permit for 26211 Street Southeast uh with the F the condition that the Fire Marshall and building official uh is to be conducted prior to the operation of the facility we have a motion by stunich a second by stting line any discussion on the motion hearing none all in favor say I I I oppose same sign happy fueling next up is item 8 new business G adopting a resolution receiving the feasibility report and calling for the public hearing on Improvement 23-13 trunk Highway 371b Willow Street roundabout project Mr Dean anything You' like to add to what's in our packet nothing Dad thank you any questions of Staff the only question I have is the same one I asked six months ago how much more is this costing us than if we had done it when we wanted to two years ago much do we have a number on that yet same question I asked six months ago many moons ago it'd be very very difficult for us to figure that out because we don't know what the construction cost would have been two years ago for the project however with the grant here now it is highly likely that it would been less now uh with this grant in place and then we're also including a block of reconstruction that likely would not have been part of the scope of the previous project thank you yes sir any other questions the staff chairman yeah I I really would like an answer to that question and I think you could figure it out because it's all quantities and materials that we bid out on every project so you can see what we were paying for projects when the Sixth Street was reconstructed and what were're how what the quantities and materials are for this project and make a pretty fair comparison me too thank you so I would like to see that is that a motion I saw move sorry Mr bans second we have a motion by Johnson a second by Stang line any discussion this motion is just to compare the cost difference in the from when we originally did sou 6 Street correct Mr O I'm going to vote no this is a waste of staff's time because we we can all do research ourselves and find that out I don't want to put this on our staff okay we have a motion we have a second any further discussion Mr chesk it it is kind of an effort of futility because all we're going to do is find out there's a difference or not and then what do we do with it we complain that we maybe spend too much or we save money it's kind of I agree with Mr O day I I like to know these things but to what to what end what do we accomplish thank you any further discussion chairman Johnson thank you I I I vote in favor but I think we accomplish having data next time we ask mot for something in a mind do project and they say no we can say here is the data of what you cost brainer taxpayers last time you said no to something we knew we needed in this community and you said no you don't need it so there is value to have something on the Shelf to show mot next time when we get into an disagreement on Washington Street in two years so I think there is some value I see that is a bit of a feudal waste of Staff time but I think there's value there thank you any further discussion hearing none if you vote in favor you vote in favor of directing staff to let us know how much additional this costs us or or we save money by waiting till now all in favor say I I I oppose same sign I sounds like the motion carried anybody disagree okay back to the original item on the feasibility report calling for the public hearing any other questions of Staff then we will look for a motion to either adopt or reject the attached resolution on the feasibility report and setting the public hearing for approvement 2313 trunk Highway 371 Willow Street roundabout on November 18th 2024 at 7 7:30 is there a motion to adopt that resolution so moved motion by Stang line is there a second second second by Johnson any discussion Mr Mayor I'm just going to voice my uh distaste for this project once again as I will do every time it comes up because when this road gets closed down again again for the people that are living down that area I want them to know that we wanted this to get done when we did the road the first time thank you Mr Mayor any further discussion on the resolution hearing none Tony please call the rooll OD yes stunich yes Terry yes Stang line yes Johnson yep chazak yes bans yes that resolution is adopted item nine is public for this is time allocated for citizens to bring matters not on the agenda to the attention of the council we used to ask you to keep it to 3 to 5 minutes and it's 8:57 and I open the public hearing if you've got something to say that's not on the agenda uh please come forward state your name and address and tell us what's on your mind if it's not something we've discuss this evening if you're online uh on your computer you can hit star three and that'll let us know that you wish to speak and then when it's your turn star six will unmute you I will ask a second time if there's anybody uh online or in Chambers that wishes to speak now is your chance and I will ask a third and final time anybody in Chambers or online who wishes to speak to the council now is your chance and I will close the public forum at 8:58 uh next up is Staff reports uh we'll start to my right Officer Rundy anything for the police department uh thank you um we have our annual Halloween safety event coming up on Halloween uh 3:30 to 6:00 p.m. uh at at the police department and nothing further to report after that okay is there any age limits no all right in okay come one come on Sean anything from itg nothing tonight Connie Helman any Finance director anything from the finance department um just for the election of course is November 5th we did public testing today um and we are ready to go okay so I don't forget Eric sharpener online from the Brainard h nothing this evening okay uh Jesse Dean our city engineer Public Works director skull Vikes sounds like sounds like maybe you've either switched to non filters or were screaming at your TV one of the two James cranck community development director thank you Mr President just one item I just wanted to make Council aware that staff has reached out to just for crypto and setting up a tour of the facility for the Eda it' be the first week of November once a date is scheduled uh city council as well as the BPU commission will also be invited to attend thank you Mr langle anything from the attorney's office nothing here thank you Chris Shubert from the HR department nothing Mr Evans thank you Mr President I have nothing to oh that is a shame and Mr BRS from the administrative Department thank you Mr President um just one thing my wife and I had the opportunity to go to the our first Great Pumpkin Festival last weekend had a great time just want to thank all the vendors that attended and set up activities for the kids um I want to call out a few Po Folks in the on the city employees from the parks department uh we had or excuse me from our Community Development Department James Stephanie and Brenda helped out considerably obviously the park Department as a whole for hosting it uh Sean from streets and also mayor bedau so it was a great event and it was a lot of fun for my wife and I thank you uh Mr Mayor wonderful now first of all I know we're not supposed to address them or or make uh any direction towards them and I know at home you can't see it but I just want to point out the Al Borland news table we have back here today uh just a couple gentlemen in flannel with some good beards back there so just want to say thank you that's the last we'll mention it uh want to Echo uh administrator br's comments on the Great Pumpkin Festival another fantastic event I want to thank everyone involved with that um it really went really well and uh it's just great to have events like that in the city of Brainard for our kids to do that are free of charge uh speaking of which downtown Spooktacular happening this Saturday the 26th downtown Briner Minnesota you can bring your kids in costume come down uh get some free candy all the stores down here will be uh operating I know you're asking me what time it is and that's a great question I didn't write it down there's no way I know I believe it's 1:00 but it could be 2 could be 3 could be midnight I don't know but it's this Saturday uh downtown Brer Minnesota check it out online and then lastly uh the brainer JC's uh partnering again with organizations around the area to bring back the distinguished Service Awards so that is happening right now nominations for that are uh being taken online um you can look that up through the JC's or through the various different organizations um but the distinguished Service Awards uh banquet will be happening at the beginning or middle excuse me middle of November as well thank you Mr Mayor we'll move on to council committee reports let's start with our two chairs uh Mr or you're first nothing to add tonight thank you Mr Johnson nothing to add Tiffany stting line no car Terry only thing I will add Mr President is our drug takeback day blade as city of Brainard police department and Cub Foods will be hosting um at Cub Foods over here in uh North Brainard 9:00 until 2 o' thank you sir um taking any sort of medications that you might have in your medicine cabinet that you're not using um good to get those out of the home so others don't uh utilize them in inappropriate ways thank you Mr tzk yes Mr bevans uh strategic planning session tomorrow morning with the public utilities they've been working hard I was able to make the third meeting last Tuesday and I'll be there tomorrow um and it looks like it's rolling around real good they're trying to finish up before the actual BP U meeting or Public Utility Commission meeting on the last Tuesday of the month and I it's um I got to reflect back here a little bit on the meeting tonight you know we're here to have U discour discourse and and talk and and and share ideas and and I I you look at our rules Ed Karma says each council member will get two times to talk and we're cut off at one Mr Bans and I didn't bring that up because I really felt that we didn't need that rule I don't even like that rule and I don't know if we're in a hurry to get through we don't want to hear what other people have to say that's not what a council should do we should listen to what everybody has to say and I'm I'm really disappointed that anybody that voted against a second time to speak it's uncalled for so if we can do better in that department I'd be really grateful thank you very much thank you Mr tunic Fire Department open house was a huge success again thank you I will not add anything we will go on to item 13 with 13A is we're looking for a motion to adjourn to close session per Minnesota statute 13d point3 subdivision 1B for closed labor negotiation strategy session for ibe w31 Public Utilities LS the teamsters and the United States steel worker Union we're looking for that motion Move Motion by stun second by Stang line any discussion hearing none all in favor say I I I we will adjourn to the Clos session after a 7even minute break to clear the room and clear online