##VIDEO ID:xxCiUgj67go## good evening everyone I'd like to welcome you all to the ATO city council meeting tonight is Monday October 14th audre can you have the record show that our City attorney city planner city engineer all council members are present along with our assistant City administrator and our city administrator at this time I'll ask you all to join us in the Pledge of Allegiance Pledge Allegiance to the flag of the United States of America and to the Republic for which it stands one nation under God indivisible with liy and justice for all thank you our first item of business this evening is the open Forum this is the portion of the meeting where you can come to the podium and state your name and address and limit comments to five minutes or less would anyone like to speak at this time uh this is for the open are if are you here for one of the public hearing items yes okay yes we will allow you to speak at that time okay all right anyone here for open Forum all right then we will close the open forum and move up to consider item two for agenda approval does anyone have anything that they would like to add or delete at this time I am asking to um I have a question on item 3.4 there is a duplicate so we can just pull that down um to item 6.1 please do anyone else have anything otherwise a motion would be in order Mame mayor yes I move to approve the agenda as amended second okay motion by Ryan seconded by Jeff is there any discussion all those in favor signify by saying I I all those oppose same sign motion passes moving on to cons our consent agenda a motion would be in order Madame mayor yes Ryan I move to approve the consent agenda as amended second motion by Ryan seconded by Britney is there any discussion all those in favor signify by saying I I all those oppose same sign motion passes moving on to item 4.1 under our public hearing this is an assessment for the 2024 Street Renewal project I will turn this over to our city engineer and our city administrator who's going to first uh city engineer waging please thank you mayor uh this is the 2024 uh Street Renewal project we've been doing these for about 10 years um the project location for this year was bassal gross third and fourth with one separate PID parcel um there are 65 Parcels in that area this is South the 85th Street and then there's the other area is Halls first second Third Edition which is east of OD north of 85th and south of County state highway 39 and there are 81 Parsons in that uh project location so prior to the project we went out and and every year the city staff reviews the city streets in determines of a PCI or a payment condition index and the areas and these these two locations were the worst in the city which required the Street Renewal project to bring them uh back up to a much better uh street so basor Oak Groves was a PCI level 45 and Halls edition first second third was a PCI of 54 anything below that 60 range is getting to be a pretty poor Street and like to go in and um renew that street so that it can go on for another uh 40 years the last time that work was done on these was the 1999 overlays which was 25 years ago and they um not quite the same street renew process that we did on this one so then the next one shows the streets as they were uh prior to the project and you can see uh the amount of decoration that's been done to them over that time period uh there's quite a few cracks lock cracking alligator cracking a lot of patches that this is Crews have done over that time period um the next slide shows what the improvements were for basser Oak rooves third and fourth uh due to the width of the road we tried to keep the the road the same width because if uh we build it and we build it up here the slopes would have gotten steeper so we removed some of the material in order to match the slopes and the driveways so we did a full depth Reclamation which means we grind up the pavement with the gravel below it we removed 3 and2 Ines of that to make room for the 3 and2 Ines of new material uh rebuilt it to the 20 ft wide that it was before matched the driveways replaced any Center Line CTS those were uh metal culverts they were replaced with Concrete Culverts and they shapen compact that reclaim material and then they placed two lifts for a total of three and A2 Ines of asphalt and then they redo the the shouldering with some of the reclaim material that came off the street and redo again any of the driveways to match into that road so for the other project um it's a little the slopes aren't as nearly as bad so we were able to keep the material within the road add some strength to the road so we again did a full depth Reclamation replaced any of the center line culverts rebuilt that road to 24 ft wide shaped compacted those that R clean material the roads elevation did increase 3 to 4 in um but we match the driveways to that and the slopes to that and then place that three and a half inches of material in tul lifts and then shouldered with reclaim material and in the last week or so in some areas they've brought in top soil to uh go over the areas that the shoulders were a little wide than uh we would like so that they could grow grass up close to the street but not directly against the street we like that reclaim material it holds the edge of the pavement so it doesn't break off uh when Vehicles erently drive a little bit off the road or they're parking off the off the street um and just hold it in case there's H you know the school buses and have your equipment like U the snow plops and the uh garbage truck if we don't have that shoulder there to hold the edge you will have break off occur and then course the RO degrades so after the project we have some photos here um these first two I believe are the first three here are all of basser Oak states with the new Road in place and the shouldering material on either side and then these three photos I'm pretty sure of Halls Edition you can see the roads a little wider the slopes on the ditches are not quite as Steep and you can see the shouldering material along the edges so for the proposed assessment it goes up to 20% of the total total project costs up to $1,092 for each lot so because in this assessment our our or this project our bid was a, 57,000 20% of that is 211 ,000 you take the 211,000 divid by the 146,000 it was $1,449 and that's greater than the maximum so the maximum of, 192 was used as the proposed assessment and the assessment role I believe is in your packets if you would like to look at them and uh if we looked at this through a 10-year assessment rate at 4.4 which is uh what what the city can get uh bonds for and uh so it it would be $167 a year and reduce 214 through the 10-year assessment rate or these Parcels can come in and pay I think it's before November something to make sure it gets off of their tax role for next year yeah mayor council residents can pay full or partially P assuming Council adops the assessment before November 15th and each year there after before and we do send a letter to each property that would receive an assessment if this were adopted I'll line that so we conducting the public hearing here in next few minutes and then after that coun a resolution adopting that assessment or not Wagner took on my slides so that's the presentation so yeah step would be for the council okay all right at this time we will open the public hearing this is the portion where you can come to the podium state your name and address and limit comments regarding the 2024 Street Renewal project would anyone like to speak at this time okay so my name is BR able I've lived out here 40 years okay I was born raised here I actually bought my child at home for years we've had problems with plow trucks everything else backing into my driveway because I live on the corner of 8th and need ham we've warned everybody we've talked to the city everything else now during this road renewal process as you guys call it um damage was done to my driveway and as I believe it was you that just said that uh you did the your due diligence or whatever and I'm not knocking on you it's I'm just irritated at the situation I'm not taking out on I apologize if that's what it looks like okay before any of these start so you did your due diligence or whatever to make sure that the road was pretty much level and everything was an ease in like it was before which my driveway was even with the Rope okay well I've got a giant hole in the bottom of my drive because once again graters and smooth roller drums and dump trucks loaded with everything else backing into my driveway and destroying my driveway okay so now on top of that I got to pay a couple or a couple thousand dollars or whatever for this road that didn't need to be replaced in the first place because my road wasn't that bad it's been sealed multiple times everything else there was none of those pictures showed anything with my road where there there's a crack maybe maybe every 50 feet at best so I want to know who's going to pay for my driveway if I got to pay that $2,000 to fix some road that didn't need to be fixed and I want to know who gave the authority to tell me that I can't go to my house or leave my house while they were working on that project because I work 14 hours a day when I come home I don't want to sit on 85th and wait for an hour to get to my house I pay good money for my house this is a major issue and it wasn't just one time it was multiple times and I admit I you guys probably heard about it from night forever because I I don't put up with that CRP I drove straight down their brand new road I didn't give a I wored 14 hours and then they were telling me I couldn't go home this is ridiculous and I'm not the only one I've got mple neighbors that complain to the same thing I had one neighbor that actually sat on the side of 85th for two hours because they wouldn't let them and they're an elderly neighbor they're over 60 years old and I know for a fact they got health problems and they wouldn't even let them go home this is a big issue and if this is a company that you guys are going to have do your roads you can stop at my property line and you can skip my when the road gets that bad I'll pay to have it done and I'll bring somebody in to do it I don't ever want this to go on again this is ridiculous they had both Oakwood and neam completely blocked off Ron comments about the driveway um I didn't hear anything about a driveway being used as construction turn around point i' I actually talked to The Knife River guy because I after I drove through down through the ditch and around their machines that they had blocking the driveway or the road um their Knife River pickup which I believe was the foreman on the job was parked directly in the middle of my driveway multiple times and I did give him the okay to park his pickup on the side or even in my ditch and asked him very politely multiple times and then after I would leave for work and my truck wasn't there my wife would go to leave to go pick up my daughter from school because she's sick and everything else and she couldn't get out of the damn driveway she had have drive down through my front yard up onto the dit or through the ditch onto the road to get out because they're blocking her in and I work for a toll company I mean I toll for Knife River all the time a lot of the guys are super nice whatever but it's this is there's just certain Crews or whatever that they they're ridiculous and it happens with every company I understand that but the only way to stop that kind of crap from happening is for somebody from the city to be out there monitoring which I told for a living I'm going through all these construction on The Daily I work with the sheriffs all the time I'm in and out of every different neighborhood in the surrounding area and there's no City members no no nobody regulating anything it's just the RADS may we we did have a construction Observer on the site and we did send out letters with that information for that person to be either called me or called that person as the resident construction Observer um I'm not sure if you received that letter but there was a letter that did go long yeah the only letter I got was this right here which is the notice of the hearing on a proposed assessment that's the only letter I got I check that mailbox every day there was one that went out to all the parcels or attempted to go to all the parcels describing the project timing and our construction observer's name and my name on the project too and that phone numbers that would have been what month that that went out probably late July a week or two before the project started okay I think the project started August 6th and was done about a month or so after that no yeah it didn't last long it's probably towards the end of our early September round Labor Day of project pretty much done except for some touchup um what Mr Able might be describing is when they were actually doing Paving I assume they would have held you oh no they they blocked it off when I I so I ride like okay I'm have a motorcycle ride or whatever I'm friends with a bunch of MC clubs everything else so there's bunch of different rides that I go on okay and we I went to leave the Saturday that they started Milling the road they did the inside and I went to pull out and the greater actually pulled over into the non non-graded side and told me that I can't go that way I said okay that's fine I'll you know I'll turn it around because I'm assuming that there was guys working whatever I I'm a blue collar guy I know how it goes okay so I went to turn around he goes no you got to go back to your col yeah the the point that we made the contractor on this was that this is a a u u horseshoe style Road system they be able to get out work on one side everybody can get out and like I said literally my driveway goes straight out 80 yep and so I went to take a left to go out and eat him they stopped said no you can't go this way okay cool whatever so P back went to go the other way he goes no they're both sides are Clos you can't go down you can't whatever you're give it an hour and a half and I laughed at if we heard about I mean if I had heard about it I would have made a phone call and made sure that they allowed access you know for all the property owners I can see 10 15 minutes while they're Paving and see that's fine when you're telling me it's gonna be two hours hour and a half yes yeah so it's yeah and I got a bad temper like I I was nice not to warn you whatever I got a real bad temper I don't put up with a lot of crop I've had a lot of crop go on in my life so I well there's nothing that we can do at this point to go I need you to be aware doesn't get fed and it will be understood at the next precon any contractor that the city hires to reinstate exactly what we told him in this one but we will explain the problems that we had y so now the issue of my drive yes you I dropped down six inches into my driveway because they only put an apron about this long off the road and it created a hole you said yeah the whole center of my driveway is caving in I've actually packed dirt in it to try to get rid of it because I've got I've got two $300,000 in vehicles well we can reduce you know they have um aerial photos so we can see the cracks and damages to a driveway before and after and we can look at yeah the only thing the aerial photos don't show is that my driveway is actually pushed down and they they wasn't just backing the back end into my driveway okay it's their their whole trucks were past my Culvert I've got a tree that basically is at where it's like I think a 30 feet from the center of the road because my old man is a DK and whatever and that's where he planted the tree because he wanted to know where the city property ended and his property was and they were past that tree well let have uh myself come out review it with you I have a discussion with contractor yeah if we uh Steve but I can take also look at the um you know there's being photos that you drive by and you can look at the driveways prior to the project and then we can look at what project looks like after that's fine that's fine Mr Z did you sign in so Ron has your number no I will I will leave my name and number on the deal for you and I'll just next to my name Ron will be the one that will be contacting that's fine I'll put a little Aster right in front of my name that way okay perfect all right thank you all right any other yes hi I'm Candace Johnson um I live on the corner of ab5 and no think we've seen Ron before at our house um I just have a couple questions on this assessment first of all um um question is this interest 5832 times at 4.4% I'm not sure where that calculation came from because it should believe it should be 4805 which is you guys can figure that out the math on it um if you take a look at that please the other thing is what if you sell your house for 2034 is there a lean on your house is there how are you going to do this because are you expecting us to pay it in full we when we're getting ready to sell our home or are you saying um you pass it on to the new owners I mean that's not very clear in this letter the other thing is it's not the amount of the money I understand out of money that's not a big deal but the other thing is the question is you're going to bill it out how are you going to biller you're just going to send a bill to the people and expect payment by such and such date if not you pay you pay an interest on that um things aren't very clear in here this letter is a little bit clumsy for me the reason being is that I like to know how you going to do this and a lot of us don't get much mail anymore because we get email we get you know text messages that's a lot of us pay our bills that way so that is spelled out in here and other thing is is that um this comes out now we got a letter saying from the construction company they're going to come around do our roads and we understand that then comes this is this not the cart before the horse I mean why wasn't this said we're talking about doing this maybe I missed something maybe 10 months ago you were talking about it and I missed the minutes or something but it's like after the fact you're GNA get a bill and nobody said you're gonna have a bill until we get this letter and I just think that's a little bit remiss on fact that all these people and not just us we've been here for 27 years so we're not new to the neighborhood and only one more thing and then I'll go sit down um when we asked to have Flags put out where our spigler heads were somebody brought those out and they gave it to us from the construction company I believe it was a construction company it was probably our construction Observer Andy handed them out to okay yeah after she requested uh yeah the FL very did my husband well then when it they took care of the road but they buried them nine inches deep so we had to call you again my and G spent the last we digging them up because we're having the system blowing out because we have a a sprinkling system so we did that and they came and they which they did a nice job they put the new dirt on and they sprayed grass and whatever um but it just kind of was halfhazard it was not quite not that we expect Perfection because we've lived here a lot of years and a lot of things you know and it's a very good Community for us but I just think this is a little bit me it's more detail and explanation as to how do you do this and what if you do sell your house and um the other thing is is that maybe notifications like this should be before we got the construction letter could it so those can I my portion you do your portion and then stay there because he's gonna answer your question okay system we're good we know about that and we were gonna come we have an allowance within the project to repair anybody sprinklers that may have have changed elevation because the road changed elevation yeah so if if you've been in contact with Andy our Construction obser he has your name down if not you can give me your name and number right now and uh well may not be able to be done this this fall because the blowout has occurred we don't want to re-energize your system to raise so it would be something that would be completed but they've already been lifted so they already moved did yeah we did it ourselves if you had your company do it and you have a cost uh a a bill you can submit that to us and it against the allowance within the project the owner of the house is my husband who did it okay so did he submit to Bill unfortunately that might be a little more difficult okay so that's what I'm saying this yeah we took care of the problem yeah I I just see that um you know it's like and then the other item that you brought up was uh notice of the project you did have an assessment hearing we did notify everyone on the project that there was an assessment hearing coming up that was um or excuse me a public hearing this is the assessment hearing but there was a public hearing that was held back in in March and prior to that we had a h neighborhood meeting that was just an open house that everybody could come and discuss the project with us without the rest of the council being here more of a easier format for people to discuss the was anything set down in March or was it just I mean yeah we sent out one letter for the open house and there was people that came and attended that I think the mayor you did you attend that the one in March and then we had another assessment hearing with the full or excuse me public hearing full Council in March and uh people attended that and we were gone in the month of March so okay that's so that may have just hopefully some are warm yeah and then we're winter Texans is what we are ad administrator Adam can you explain the payment side of things okay and forgive me or correct me if I miss any of the things mentioned here but the interest for 2025 so the calculation actually includes interest from the date of this meeting so that's maybe why I didn't calculate to the number that you mention so October 14 October 14th through the end of 2025 be that first the notice that you get is U very strict by m Statute in terms of the language that we have to use in that to properly notice people of this hearing that's why it doesn't read very well um we do follow up on need Council approval of the assessment with a more L terms version of how you can pay that when those states are where to make that Fe in terms of if you do sell your house prior to this being paid off that's usually something that a prospective buyer uh their title compan will run a search on a property and identify the outstanding assessment and then that ultimately becomes a negotiation point between you buyer on who so it can continue on to the new uh homeowner in that situation uh if the two parties agre so there's state that has to be paid off at the time of sale but that's usually a a selling a buyer negotiation so you're calling it um assessment versus a lean because basically what you're saying is that it has to be satisfied before you can sell a house no no no you you can choose to sell your house and if the buyer that is purchasing your home right agreable to assume that and what if they're not then it will property otherwise you as seller or the buyer exactly exactly so what you're saying is if that buyer says I'm not responsible for that because I wasn't living here when that took place you are now responsible for that and if you say well I'm not responsible for it either because I'm selling my house maybe a different way to put it if it's not paid off at the time of sale it remains with your parcel and it would be paid by the future owner okay I think one of her other questions Adam was how does she pay it it's with the tax and correct so uh if the council were to adopt this uh at the meeting tonight at the end of November to the staff a sending list of all of the different properties uh to Wright County they will then insert it into their system and it will bill as a line item on your property tax statement okay each year you won't actually get an invoice from the city each year includeed on your property tax so how do we pay for 2025 would uh pay right County just like you would with your property tax what if we've already paid our property taxes which is already October 15 they're due tomorrow for 2025 right you're asking oh for 2025 this doesn't happen till 2025 right the first payment wouldn't be du until okay I misread it then my apologies okay all right I guess sort of answer for another letter that will hopefully be a little clear where and how you pay it if you want to okay I appreciate that all right thank you very much are they able to just for for Mrs John are they able to come here and pay you talked about this different letter will be sent yeah if if people do choose to prepaid uh and not have it be itemized on their property tax bill do that at City Hall just across the street ask for somebody in finance ice that give you a re that okay oh so you could either not either or okay all right thank you very much okay thank you all right any other public comment hey Corey Thompson I'm at 89th Street Northeast and Noto there um I called I think I talked Ron a couple weeks ago my driveway has a really I mean it's like that I'm almost scraping coming in the driveway because because that lift was so high I'm almost at six inches a lift on our side the street because the ditch is so deep and I I just put the driveway two years ago and it was cut crooked it I got a standing water in every time I I watched the car on Friday it was just puddled at the bottom of the driveway so I have a hard enough time getting it in the winter when it was flat what what's the address 14851 89th and we we got a lot of that comat gravel I mean it's steep still it's not even is it a gravel driveway or no it's pavement pavement yep so you know of course it might be difficult to get the contractor back to get the uh extended driveway and the slope the lesson but I I'll have to give you a call and meet with you on site Andy and I and see what can be done or needs to be done yeah I mean like said I just put that driveway a couple years ago I think I don't know I think I talked to because I said they lifted my driveway three inches above Mig gr as it was so to Lev Edition where they raised yeah they raised it a lot there three and a half to 4 in yeah and when they came by with the I was I was actually driving home when they were putting the gravel down and it's very dirty gravel there's a lot of big chunks in there and I can't even mow up to the street right now because if I get anywhere near it it's going in the lawn yeah that's that the recycle material I I know I know what it is yeah right um you know it's it's supposed to be pretty uniform but of course there's there's big chunks of payment and nothing's going to ever growing that stuff it's toxic it's not intended to be well I know that but I mean the neighbors got weeds growing across the street she had Immaculate lawn and now it's just full of weeds and and I like said I can't get my lawn mower up up the ditch anymore to mole so I can't get out the street uh but we we are out there putting some top so down I see I did see that okay they stopped at our corner so but I mean it's either it needs to be smooth out I'm G have to do it myself I mean right Andy and I get okay yeah I just I just want it to be you know I mean every once in while I got to drive through the ditch to get started I can't even do that so well you know this is what this meeting is for is come forward and let us know if there's some issues safely cany did you leave your okay so so R you have that on your list that you'll be going to Mr Thompson's house all right thank you thank you right any other comments any other comments All right we will close the public hearing for this and bring this back up to council for discussion and possible adoption um R it sounds like we've had some issues with people's driveways um obviously it's a concern but following up with these residents needs to happen corre and and it's also disappointing to hear that we are made aware now that people did not have access to their homes too so um as you said going forward in the future we need to make sure that that's and and I know this is a unique situation with that being a ushaped road but they shouldn't be stuck in their homes yeah so it's easier of course to take care of these items while the project is ongoing but we'll work with the contractor take a look at the property owners issues and see what we can do to rectify hopefully yet this year all right right also any other questions or comments mayor yes Ryan um there's a couple properties on the list i' I'd like to take a look at I don't know what the easiest way to do that would be maybe if we want to pull up the map or something okay um because so uh reference number eight I think Council can see that that one is considered unassigned because that is a a vacant property um and I think in other Parcels that we have that are indicated as vacant we've excluded those from the assessment I just want to make sure we're being consistent mayor uh the other ones that were vacant were owned by the city so they were then um not assessed this one is as a property owner and could be developed into a lot I think that's a difficult lot to develop just because of the slope and the amount of fill that would have to go in if if I recall that number eight property I think it's the same owner as number seven if I it is yes yes right so I guess the council can look at it uh as they please but um it is a separate lot owner of you know that of record that has a a building ability status at this point until we determine that it isn't it it isn't a wetland but it is a very difficult lot to build on so if I if I look at the Halls Map There's there was one that was exempt because it was a tax forfeit there's another was exempt because it's vacant but I believe there's owner on the vacant one in the Halls yeah I think that one has very uh difficult finding septic system site within that lot uh it's not the end of a call the saac yep and it's um we've had people come in and try to build there but been denied because of ability to find a a septic site okay okay the only other one would be um back on the B Oak Grove number 47 is also um vacant on our on this map here it's 37 but on our list it's 47 that one's probably a little bit of a different situation because it does have a driveway um but there's no property there's no building there I'm sorry 47 but you said 37 well 47 on our list it's 37 on this map okay 47 though is has a name to it it does but it's not an occupied property but it does have a driveway it was occupied at one one time I think it had a um mobile home or something on it yeah yeah all right so are we going to get the thousand dollars out of them then or [Laughter] is deemed as because Sally dug it I was probably so I don't know if if we want to keep these two on there I but I just want to make sure we're being consistent with the other ones that are being excluded but if it has a driveway I I'm going to look to Adam and to Dan on this one if it has a driveway then it is a lot so somebody could buy the property I mean this just because the gentleman is correct not occupying it currently mayor it's a lot of record that looks buildable just from the aerial photograph no reason that somebody couldn't acquire it and build a house on it so it does benefit from the street being approved okay okay now we know the history though yeah thank you thank you record all right anything else yes mayor like to make a motion motion to adopt resolution 2024 77 adopting an assessment there a second second motion by Jeff seconded by Tina is there any discussion Madame mayor yes right in the state of Minnesota special assessments need to pass a three-prong test in order to be considered valid all three prongs must be satisfied in the opinion of this council member using special assessments for Road reconstruction fails two of these three prongs number one the property being assessed must be receiving a special benefit as these are public roads and anyone can use them they benefit everyone if we were to remove any particular property from this list um as we have done the road in front of their house would still be constructed number two the amount being assessed must not exceed the increase in value that a property receives as a result of the work being done it is my observation that redoing the road in front of your house does not increase your property value this has also been said by other members of this Council from the deas when we look back at properties that have had road the road in front of their house reconstructed the value of their home does not increase relative to the homes that have had that did not have reconstructed roadways the third prong is that all properties assessed within the same class must all be treated the same and I believe it is clear we are doing that in order to charge special assessments state law requires that we have to send out multiple notices hold hearings have our attorney review documents have staff prepare reports these things cost taxpayers money and an internal analysis by our finance department shows that in all likelihood the AC of charging special assessments costs the taxpayers more money than if we had just used the general tax levy this council is choosing to increase the tax burden on our residents for no reason uh on another item tonight uh we have an assessment role for a list of delinquent utility bills that list has gone up 36% since last year that is a strong indicator that people are facing economic difficulties of the properties being assessed 26 of them roughly 18 will have their city property tax uh 18% sorry will have their city property taxes more than double as a result of this action I cannot in good conscience support that and I will be voting no on this Dave can you comment on process and the procedure of this this evening well mayor I can just tell you that appraisers do find benefit for a road reconstruction project um the typical example is if you're in the market for a house and you have two identical houses one on a brand new road and one on a poth hold old road which one would you want you want the one on the new road so that indicates their Market benefit to having a new road as far as um characterization of a tax increase a special assessment is not a property tax they're two separate categories the special assessment is collected with property taxes but it is not an increase to the property taxes thank you all right is there any more comments all those in favor signify by saying I I all those oppose same sign I motion passes four to one all right moving on to item 4.2 proposed assessment role of unpaid special charges I will turn this over to our city planner thank you mayor uh this is a public hearing to consider assessment of unpaid special charges under Minnesota statutes 42911 uh this is related to code enforcement uh for citations that haven't been paid in accordance with the provisions of the city code uh just to review briefly the process the city follows for code enforcement is based on compain complaints uh City staff does not actively search out uh or seek to prosecute violations of the city code uh we only react uh when such issues become to the point where someone has raised it to the city's attention then it becomes basically the city uh looking to review the matter with the property owner uh with the intent of gaining compliance all the complaints that the city receives are Anonymous uh again this is City versus property owner situation uh that doesn't necessarily include the complaintant uh we contract these complaints via permit work software uh with the administrative Special Assistant in our office uh the process that we follow involves five steps uh the first is that we upon receipt of a complaint either via phone call email uh or the website uh will inspect the property from the street or the adjacent property with their permission uh to see if there is in fact violation uh we'll photograph that if uh it's available uh if there's any illegal construction involved with this situation that work that would otherwise require building bu permit the building department can uh issue a stop work order at that point so that there's opportunity to review it uh but otherwise if there is no violation we close the record and U make note in the file if we do find a violation what we do is send a step one letter uh basically advising the property owner that we believe a violation exists and request that they contact City staff our letter outlines what we believe the V violation is what would be necessary to correct the violation uh it doesn't mention that this point anything regarding penalties or enforcement this is advisory and welcoming contact with City staff so that we can try and uh resolve any issue uh amicably between the city and the property owner they have 10 days in which to contact City staff uh to follow up on this matter uh if they do and we can resolve it we close it otherwise we'll move to the next step which is to uh reinspect the property to determine if the violation is continuing and we'll document that as necessary and we'll attempt to contact the property owner uh we then if the violation is continuing issue A administrative notice which is a template form again States the nature of the violation the specific city code that is uh being cited and then outlines the potential penalties involved if uh the problem is not abated again we're welcoming the opportunity to talk to the property owner within 10 days um to try and resolve this without any further enforcement action uh and again if the violation has been corrected and they never contacted staff obviously we closed the matter uh if we still haven't resolved it we move to the next step uh the violation is continuing again inspecting the property and documenting the situation attempting to contact the property owner uh and if it is in fact continuing issue a citation which again outlines the violation in the city code this time imposing a $200 administrative fine uh for violation we can issue additional citations basically each day that the violation continues but we don't do so we basically go at that point to a two- week cycle of inspecting the property and uh with the expectation that at some point the property owner is going to contact us and work with us uh to resolve this matter again if it's been resolved we close it uh if we've issued a citation the property owner does need to respond within 15 days uh we will try and uh resolve the matter with them they do have the right to appeal the citation to argue their case before an independent hearing officer that there is no violation of the city code uh we if it goes to the hearing uh the property owner has the opportunity to present their information City staff would present its side of the information including documentation and the city code references at that point the hearing officer can either dismiss the complaint extend the time to resolve it or uphold the citation our practice has been to work with property owners uh after citation has been issued to resolve the issue if it's done so in a timely manner staff will administratively wave the citation and move on uh satisfy that the corrections have been made the purpose of the public hearing tonight is for unresolved or unpaid citations uh that were previously issued during 2024 um for these applications the appeals period has lapsed uh so the property owners been noticed of the proposed assessment hearing uh that's being connected tonight uh the purpose of this hearing is not to discuss whether or not a violation occurred or whether uh the hearing is or the citation was justified again that process is closed at this point U so the proposed assessment would include the administrative fines uh which is a minimum $200 per citation there's also uh any costs that have been incurred by the city for abatement such as if the city had to mow the property for longer ass Etc and then there's an administrative fee charged for assessment of the uh unpaid fines to the tax rols to be paid over the proposed assessment roles uh were noticed to the the property owners uh they had until October 4th to pay the unpaid citations by without incurring the administrative fee uh if the council adopts the assessment role this evening they have until November 15th to pay the unpaid citations without interest otherwise those assessments would be uh certified to the county and paid over like property taxes uh in 2025 with the 4.4% interest uh we have had contact with the last property owner on the assessment role uh at 10470 Kor Avenue and have reached an agreement on when they will evate their violation they also have an additional outstanding citation that's not on the assessment role so that action prompted them to again contact City staff and offer to comply with the provisions of the city code U as requested in the two citations uh and so City staff would be agreeable to removing that from the assessment role City staff's recommendation is that the assessment role be approved uh following the conduct of the public hearing uh there's the possible action to adopt resolution 202478 which would be amended to remove the reference propit okay thank you all right we will open the public hearing this is the portion where you can come to the podium and this is regarding the proposed assessment role of unpaid special charges at this time I'll open the public hearing would anyone like to speak I'll ask again if we have anyone that would like to speak regarding the unpaid special assessment one more time if anyone would like to speak okay we'll bring this back up to council for discussion and adoption Council questions mayor I'll make a motion okay motion to adopt resolution the bottom front removing the bottom um resident okay you good with that and yes and second and Audrey you have that noted all right motion by Tina seconded by Jeff is there any discussion all those in favor signify by saying I I all those oppose same sign motion passes moving on to item 5.1 not to go Waterfront District yeah thank you mayor um modern Construction in Minnesota had submitted a PV development stage application and preliminary plat for development of property east of Highway 101 at County Road 39 that application had proceeded through the Planning Commission and came to the city council at your meeting on June 22nd of this year uh the application involved development of the site with 150 multiple family dwelling building that included also reta retail office and restaurant space as part of a mixed use concept uh with the application they were proposing to subdivide the property uh with a prelimary plat the council denied the application at your meeting in June uh based on um findings that didn't concur with the proposed Building height the floor area the dwelling units not complying with the zoning ordinance and uh the provision of adequate off street parking on the site uh the zoning ordinance provides that once an application has been denied by the council it cannot be resubmitted for one year from the date of that action uh there are exceptions provided by the zoning ordinance uh first being that the applicant could have withdrawn the uh request before the council voted to deny it so thus Council hadn't acted on it at that point uh second the council can agree by a 4fs vote to reconsider the application if you make a determination that the circumstances surrounding the application have changed uh to Warrant reconsideration uh modern Construction in Minnesota is requesting consideration of the application approved by the city council this would proceed forward basically submitting a new application that would go to the Planning Commission uh for public hearing and then come to the council for a final decision uh the applicants proposing that they would revise their plans at final plat uh to address the change in circumstances that they're offering uh to have reconsidered uh and those being that the building plans would be revised to reduce the height of the structure to five stories above parking that would be a six-story building down from the seven story building it is today with the flat roof that would make it approximately the same height as guardian angels uh the building plans would be revised such as the floor area of each individual dwelling unit complied with the requirements of the zoning ordinance and then the site plan would be revised to comply with the off street parking requirements as determined by the zoning administrator uh we T discussed during the application that as a mixed use development there's an offset in the peak hours of parking between the various uses so you can't use just the straight calculations by the zoning ordinance uh and the discussion with the initial application was what should that number of stalls be uh on the site to ensure adequate parking for that first phase development so uh the developer would agree to uh the recommendations of City staff in that regard so the possible action for the city council this evening is to vote to reconsider uh the Pud development stage application and preliminary plat for OA Waterfront distri based on the change circumstances uh the applicant Jesse Hartung is here to address the council and again just a reminder this does require a Four f vote of the council does the applicant wish to comment good evening everybody Jesse Hartong Ogden Street aler Minnesota I think Dan summarized it pretty well um you know invested a lot of time and effort into this project that I was uh you know a little shocked I think it was clear I was shocked it was it was denied but but um in order to try to make this work for the community um we've got to make some changes and so uh we're going to make those changes and hope that we don't have to wait a year to resubmit so tonight I ask for at least four of you guys to uh agree to the changes and uh look forward to hopefully making this project happen next year thank you thank you thank you all right Council so Dan I have a question on this um obviously reading his email to us it it talks about addressing the items that I had concerns with I'll speak just for myself um this means I he'll go through the planning process again correct this this is essentially an entire new application the prior application was denied so this is starting from Step One moving forward again okay so what I guess I mean just looking at email it sounds great but I'm just I guess reiterating to Mr Hartung to make sure that when this comes to the Planning Commission and me to city council it's complete um I think there was a lot of great areas that we felt even though you gave us your word we wanted to make sure that it's um it's on paper so and that we can see it so that would be my comment to it mayor council can I sort of piggyback on that am I understanding correctly that the that the changes that are being proposed here wouldn't show up until the final plant Madam mayor that's the applicant's proposal that essentially the additional conditions of approval as written on the screen would be imposed on the current plans that were or the previous plans that were submitted so the applicant wouldn't revise their his plans in resubmitting this he would submit these plans and they would add these three conditions to and I guess what I'm saying to so that's what Ryan's picking backing on is that it should come to us prepared um done I I think that that's where we struggle with that and you know I know Mr har hung may say you've put a lot of money into it but it seems as though those plans were never complete or what we expected and again I'm speaking for myself so I I don't know if Ryan's agreeing with that I would concur with that and I would as well sure all go ahead council member Madame mayor I was just goingon to say I think having the submitted revised plans prior to a final plat would be important for I think Council Planning Commission everyone agreed yeah I mean I guess I'll just voice my concerns and be a little blunt right I mean it was approved by Planning Commission right we worked with City staff you guys have experts here um they understood it it's 100% common I've seen a million of these things from everybody from Costco to little companies that there's conditions of approval right now you guys denied and said you didn't like the building height you said you wanted to see parking and you said you wanted to see those units either renamed or changed in size so I'm saying okay let's do that I don't think it's a big ask I think everybody's intelligent here can understand that if I say I'm going to do that and submit that with final plat how is that any different than any other plat that comes to you guys that's approved with conditions right these conditions if anything have been you know pretty cut and dry so um I fail to see the logic in that I think it's borous and I think it's um doesn't give me a lot of conviction that this was approved one time already right so now I go spend another 105 $20,000 and how much time to bring it back and then there's another concern so yeah my request is that it's three conditions City staff understands it Planning Commission already approved this unanimously um previous councils have approve this and uh I don't think it's that hard I think we're asking for something that's pretty common but again it's just a request it's up to you guys and we'll see where it goes but I I do humbly ask for approval on this tonight and I don't think I'm out of line you can talk to the City attorney you know talk to members of the community I sat in on some of the stuff with you mayor I mean it it makes zero sense unless there's something else going on behind the scenes you know that's driving the disconnect between Planning Commission City staff in the community and you guys I'd love to know what that is is but you said why you wanted it denied we said let's correct those submit them with a final plat so we don't have to waste more time potentially push us into 2026 or just walk away from the project and put the land up for sale so it's not a big ask thank you comments from staff on that mayor it's the council's discretion to ask for the the plans if you want to see them the city does approve things on condition as are routine matter um but obviously the concerns raised during the previous review uh and the application even prior to that you know we basically put in these approvals that what is being approved is the plan submitted to the city subject to these conditions so we try and be as explicit as possible if the council wants comfort and assurances to what's being approved that's what the plans demonstrate most clearly just a quick question the one of the items on the building height am am I understanding correctly that even reducing it one more level still won't be in compliance with the zoning regulation so mayor the zoning ordinance would currently limit structures to three by conditional use permit the city has approved four story buildings three above parking uh Guardian Angels is a four-story building and then the pitch roof puts it up up to basically a fifth Story in height so this would be when it's a conditional use permit it's not necessarily a variance it's an ex it's an allowed exception that the applicant has demonstrated that they can increase the height of the building over the specifications of the zoning ordinance without causing negative effect to Str properties right and as a matter of clarification so you know we can we can C we can easily update the plans to say Studios instead of one bedroom I mean that's that piece the parking's already been submitted the engineering's been done so the the 318 number that came up previously was a number Guided by Planning Commission um in a discussion with those guys productive discussion um so the parking's there so what you guys are asking is for me to update the floor which you know takes a lot of work I mean there's fire exits there's elevations um a lot of stuff involved to and a lot of time to drop the floor one I think as a point of clarification every other piece of that is you know it's it's there so I think we can all imagine what it looks like with one less story thank youo comments I I'm I'm I guess I'm having a little bit of trouble with that because it seems to me like we would need the plan at some point anyway and I and I certainly don't want to incur you know have someone have to go through a process and then we get all the way there and then it's we're still right where we are so to me I think we have to we have to look at the plan that's in front of us and it sounds to me like we might still be off on the building height and I don't want to I don't want I don't want to cause someone to have to pay a whole bunch of money and then we're still not within the restriction or within the zoning ordinance so I mayor I don't know if you would um if this would be a possible solution but it sounds to me like if we deny this it puts them in a whole another year of waiting mayor if the counil doesn't approve reconsidering the application they can't resubmit the same application until June 22nd 23d of next year if we decided instead to not make a decision on this could they reapply for the reapplication without altering their application no they can't they need the council to to approve that to approve reconsidering the request even though a scope that he's presenting changes enough but he would still have to I guess I'm strug I mean again I appreciate the emo but we usually see things and and I can agree with you that we put conditions on on things so I I'm not I agree with you on that Jesse but it just doesn't it look like we should be actually seeing what your product is I I'm struggling with that so and Council again I'm speaking for myself but you know again you can show us your parking because we saw it on the map and you said I'm not going to do this but now you're saying you'll do it so the building's have to be drawn either way correct if you're going to build it or not so is is is that I mean it would get drawn prior to final plat approval there's a lot of steps between now and then including finishing up some regulatory stuff engineering stuff okay finishing up financing pieces of all that um the financing can't go forward until preliminary plat is is approved um so you know I have the option of saying okay let's potentially spend three or four more months trying to get these plans updated brought back to you guys hope for approval and again tens of thousands of dollars um which may not come and I have and I have very little confidence at this point it would come uh so what I'm asking is put the conditions on there um that meet what you guys want to see let me continue to move forward on the other pieces of the puzzle that have to fall into place so that when we do come back with final set of plans you know that includes the revised height which includes different parking I mean all this stuff is a lot of work that's involved behind the scenes um you know I can do all that work with the confidence knowing that a prary plots approved B financing is in place so when we come back to you guys it's ready to rock and roll and start I guess to me I'm looking at the cart hor thing it's and you see it differently than I think we see it or again I will speak for myself um we want you to be successful we want there to be a good product there I guess I'm struggling with the fact of why why wouldn't you just do the plans have it in there then there's not an option for you us to say we're gonna add these three conditions with Ryan right now Ryan just now raised concerns that whether or not he would approve it he just said I think we're still up he doesn't understand this is a conditional use you're clueless I'm sorry Ryan but it's not outside of not the first time someone's told me that I mean it's a conditional use so right there is the reason why spend another $20,000 in four months to come back for Ryan to say I yeah we're just not there yet we need to go another story right I mean it's absolutely insane so you can fight this battle in public I can sell the land and move on or we can all work together and build something amazing for this community I think in my defense that's why I would like to see plans instead of a couple words on a piece of paper right words are legal documents Ryan that are upheld by by your guys' lawyers I mean an email it's not an email this is a proposal you're voting on it's conditions of a pla it would be it would be a resolution I wouldn't you you're not approving a higher building you know I mean this is what is insane to me why is it that I can understand this and that other people can understand this but there's some major disconnect up there with city council Anda just for the record you know it hurt my feelings last time when you said I'm not committed to this community I mean do you remember saying that I do yeah and do you still believe that how much money have you spent on this community huh how many building how many businesses have you built in this community none how many houses have you put into this how much money you made out the building build I've actually lost money on some of them for my clients okay we're gonna keep it keep it here keep it up front to come pleas M yes gry I guess Dan I guess I'm I'm looking May to you in Dave traditionally you would we ever approve something or move forward with something here without having the exact plans in front of us as to what some things would potentially look like when they are done I'm asking because the only reason why is because again legality reasons I think you we you we can have a conversation and we could say yes yes we're going to decrease the height of the building we're going to have parking we're going to change the name of the the wording of the the apartments um if you do all of that and you decrease the size of the height of the building does anything happen to that coffee shop or the lobby or there other changes that are going to substantially change that your building what you are putting the design of what you've already presented to us well well we're losing the top floor so that's Apartments correct and the plaza is all the same The Proposal was the top floor so the the apartments and rooftop amenities have to go there's no there's no space or height for them I just asked because again I don't want you I think that at least I can agree with Madame mayor that I do think that it would be wonderful if you were successful here it's not but I don't want you to come back and then there's all these other changes and let's say I'm not here and whoever's not here and then you're an a piccolo do you know what I'm saying believe it or not I'm trying to actually Britney I appreciate that but we we had you know we had concept plan approved we had the project actually approved previously under a bigger massing and a taller building it expired and then it came back and was denied so I actually 100% understand that you know what you're saying you're trying to prevent you guys have actually already done to me so but for clarification on that too that expired and that wasn't our fault on that that was I'm well aware mayor worked with a lot of cities mayor I'm well aware that typically a letter gets sent out hey are you planning to move forward with this you know but I agree and that's why I submitted another $10,000 application and want that noted because we have residents here so it doesn't I don't want to make it look like we're not being helpful to developers you that time frame expire so which is why you had to start again and come back so all right other comments Dan can you give me an example on if we've I mean I'm struggling on this one to see have we face this same scenario ever mayor U not concerning floors of buildings um but like I said we do with conditions on regular basis requiring you know alteration of plat layouts Etc that ultimately do come back through final plat U bottom line is it's what's the city council's Comfort level uh in reviewing this re-reviewing this application do you need to see the plans to feel comfortable uh when it comes back to the council to vote or um do you leave it to staff and the developer to resolve uh By the time final plat comes back I think it would be in everybody's best interest to have all the plans you have your adjustments and your Builders and your money decided the council has everything or then his plans go through Planning Commission to make sure everything is met and then it comes all that satisfied then comes to councel I think he should have his plans thank you Council thank you what do you need formally do mayor uh my suggestion would be to um since we don't have that in writing I would actually still make the motion to reconsider it then vote if it fails by four to five by less than four positive votes that's fine yeah so I think the record should probably be clear that the applicant did walk out of the room and say he was drawing it but I also agree with Dan that there should be a vote that that was not in writing I don't know if it'd be binding or not but there should so there should be a vote on his application to have it reconsidered so if we do a possible motion what have motion through what it says and do we deny this motion or do we if you don't support the motion vote no okay then you would make a motion in favor right Council comments otherwise a motion would we be able to make a motion rejecting the consideration was that what we did last time and then for no last time you you motioned in the positive and then all five voted against it so let me let me try to word Smith this see if see if this makes sense motion to re reject allowing reconsideration of zoning and subdivision application by modern construction of Minnesota Inc for OA Waterfront District based on the determination that the circumstances surrounding the previous application have not changed significantly second okay motion by Ryan seconded by Jeff is there any discussion um this is a legal one for you Dave since we don't have it in writing we are making the motion there's a second we have that on the floor right now what options does the developer have on this well I was thinking about that question as you're holding that discussion I I think the question would be if he were to resubmit something else I mean this I think was basically resubmission of the same thing um if he were to resubmit something else the question would become whether there was a substantial enough change for that to be treated as a new application or whether it would be the same as the one You' just heard if it was substantial enough to be different I think it could be treated as a new application so with him having plans and specs of it being drawn up and being the lower floor so again this is just an email that we received yeah I mean obviously I I couldn't comment for sure until I see what he was to submit okay and I'm I get that he probably doesn't like that answer but if it was substantially different from the previous application it could be considered as a new application and so and sorry but then he would be able to do that before the June 22nd otherwise June 22nd he can just submit for a new application basically correct okay okay Madame May that's essentially that I asked the question because who knows what he's changing and then you're you know is this going to be considered a new project what what what will we have in front of us so just curious all right so we have a motion in a second so any other questions since this is a unique one for us um all those in favor signify by saying I all those oppose same sign motion passes all right moving on to item 6.1 I had told this is from item 3.4 um on the second page yeah mayor identified the Avenue you have items five and six are the same but they're not combined so I just it is the same property that on the property yep account okay correct okay I just wanted to make sure there was an error clerically if we needed to combine those my when I was scanning when I was scanning all the thing and making sure I they were the same name same address well thank okay well then there is not an error thank you for making that clear to me why we have two for the same address um if there's no other questions on that then I will make a motion to adop resolution 20247 adopting an assessment for delinquent utility bills second motion by Jessica seconded by Tina is there any discussion all those in favor signify by saying I I all those oppose same sign motion passes all right we are still city council reports and updates does anyone have anything mam may I me we could talk about the pumpkin patch on yeah on Saturday that was that was a good turnout we had a lot of kiddos come through the weather was a little rainy in the morning but a little chilly but everyone seemed to have fun and all the parents are very grateful and it was a great event with the weird weather this year the pumpkins we were a little concerned we were going to get but the pumpkins were great we actually had a local resident bring up three tractors so that was a new um kind of fun amenity for the kids you let them climb on them honk lots of honk lots of honking of the horns of the tractors um but yeah Park and rock staff did a great job lots of families um lots of good compliments so and yeah Mother Nature has decided to only rain on like our two events the festival morning and then I'm canat so I don't know if you guys talked to Maddie when you walked in but she said if you want it to rain just come talk to staff go plan something for a day and then it'll rain for us so yeah please pass along to them that they did a really great job all right anyone else have anything all right staff reports and updates item 7.1 consider scheduling a special meeting for review of Utility Fund budgets yes mayor council uh staff would request at 5:30 pm Monday October 28 to the drinking water sanitary sewer storm water regular council meeting we just meet the floor does that work for everyone yes all right then I will call for um scheduling a special meeting for October 28th at 5 30 second motion by Jessica second it by Britney is there any discussion all those in favor of signify by saying I I all those oppose same sign motion passes I actually mayor I will not be here okay on the 28th Andre can you have that noted have any questions contact staff ahead of time please yes okay uh we are still on reports and updates Sabrina thank you mayor uh I do not have any updates okay Adam mayor not right Audra uh thank you mayor I just wanted to let everybody know that absentee balloting is um very busy at City Hall and on Friday we start direct balloting and that's where residents can come in and put their ballot directly into the ballot counter so that's the 18 days before the election so just be aware that they can come in and vote without an envelope okay perfect thank you oh apologize and then uh the photo contest winners will be here at the next meeting great great okay Dave no updates thanks mayor yeah excuse me Dan mayor no update great Ron uh just want to go through the projects again um okay development projects are going well because of the weather it's been very good for uh those projects especially in the clay zachman Meadows Meadows of oigo and Tanglewood are all going at the same time here we have the OBO Creek restoration project set to start fairly soon the directional drill for well number 11 raw Waterman that's uh well underway and almost complete and then in the near future while the Queens Avenue storm Pond um storm sewer directional drill happen that will just take a couple days but in the near future okay um we saw the road close sign sitting on the side of 75th in Odin yes so they're going to make that water main Crossing across 75th Street and that should take about a day and then it'll be reopened okay so there'll be the D2 signs asking people to use Odin 85th and then back down page to get to the same location that they were at okay and when is that when that's uh 75th Street north of Meadows so she's asking when will they do that um they they made the uh the uh connection today with the valve which kept the uh couple properties online so they're going to start work on that tomorrow okay so root be closed as of tomorrow is that cor for a day or two okay and then it'll be back to gravel but hopefully they'll get uh pavement curving in fairly quickly here before of course the season uh construction is over sure perfect okay right County evening there two points I kind of wanted to touch on uh that's been kind of happening in the past couple weeks one uh kind of a PSA um we've had two incidents of um signs being stolen for political purpose from political signs being stolen uh they seem to been all around parish and in that 95th Circle kind of area along there to the park um so just ask and remind the citizens that that's that is theft um and is uh you know please respect people's uh property and freedom speech so and the second thing is past couple weeks homecoming I guess was happening so there was some teing issues um in uh two those incidents we did catch some of the juvenal so uh there was consequences for that so um until the next game or whatever I I think it's just a well I think it's a homecoming thing it is until the next event what is that the Winter Dance or I can't yeah we had it done other than that everything's kind of business as usual um any other comments or questions or concerns anyone have anything all right thank you thank you thank you all right if no one has anything else then a motion to adjourn would be in order so moved second motion by Tina seconded by Jeff is there any discussion all those in favor signify by saying I I all those oppose same sign the meeting is ended thank you all for attending this evening