City Council - Regular Meeting

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his iPad. I can do it. Anyway, good.

Good. We'll call the meeting to order. Roll call. Mayor Ree here. Council member Osk here. Nelson here. Gilbertson here. Gardner here. Baggerly here. Davis here. Butterfield here. And Shelz here. Nine present, zero absent. Stand for the pledge.

To the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all. Good evening. Last night we had the Dr. Martin Luther King Jr. event and it was a wonderful opportunity that called us back to the core of our community, human dignity, respect and peace for all man, humankind. Wilmer's history reminds us that we are a resilient city. Every time we have faced challenges, we have used those moments to move forward and grow and learned from those experiences. I trust that once again we will find common ground and unity. In the words of Martin Luther King Jr., "The time is always right to do what is right. This is our time. We are committed more than ever to being a welcoming growing community where everyone feels respected and has equal access to resources and opportunities. Tonight I want to speak directly to our residents regarding presence of federal immigration and customs enforcement or ICE to agents in our community. First, I want to be clear. ICE is a federal agency carrying out federal responsibilities

and those activities occur independently of the city of Wilmer. At the same time, I understand that their presence has caused concern, uncertainty, and strong emotions for many people in our community. Wilmer is home to families and individuals from many backgrounds. We are a community built on work, faith, education, and neighbors supporting one another. In times like this, it is important that we focus on what we can control, our conduct, our unity, and our commitment to safety and the rule of the law. I also want to acknowledge an important principle. People have the constitutional right to free speech and peaceful protest. If you choose to express your views, I strongly encourage everyone to do so peacefully, respectfully, and lawfully. violence, threats, harassment, or surrounding people and our police department at risk puts them at risk and does not reflect who we are as a city. At the local level, I want to reassure residents that the Wilmer Police Department remains focused on its mission to protect public safety for our for everyone in our community. Our police officers are still carrying out the responsibilities re residents rely on every day. Responding to emergency calls, conducting traffic stops, investigating crimes, and supporting victims. Wilmer is a city of more than 21,000

people and our local law enforcement must continue doing daytoday work required to keep neighborhoods safe, reduce crime, and maintain public order. If you have questions or concerns, I encourage you to seek information from reliable sources and to look on look out for one another, especially during moments of uncertainty. I also ask that we treat each other with dignity and that we do not allow fear or division to take hold of our community. Wilmer has always moved forward by working together and we will continue to do that calmly, lawfully and with respect for one another. I also want to offer heartfelt gratitude to the many individuals, organizations, businesses, and nonprofits that have supported our community. those who have served in the past, those serving today, and those who will serve stepped forward in the future. Your time, compassion, and commitment are what Wilmer makes Wilmer strong. Wilmer has always been a city that lifts one another up. Through challenges and uncertainty, we have continued to show resilience, unity, and respect for our neighbors. That spirit of service and care for one another is part of our identity and will continue to guide us forward. Thank you to everyone and may we all

continue to choose to lead with dignity, kindness, and peace as we work together to keep Wilmer a welcoming, growing community for all. Next is uh we have any proposed additions or deletions to the agenda.

Mr. Mayor, um I would like to offer a motion for an amended agenda. I would like to add an item. Um, thank you for your comments, by the way, but I would also like to um have the opportunity to hear from Chief Holm and Director Obergon later in the meeting regarding recent activity um from ICE in the city of Wilmer. Um so I'd like to amend the agenda to include that. We have a second. Second. We got a motion and a second to amend the agenda. Where do you want that to come in? Um I think at the end of the regular business would be fine. That's what our typical practice would be. Mr. Mayor.

Yes. Should we do it towards the start of regular business so that all the people can hear it and not have to sit through the whole meeting? It's always fun to have an audience though, right? It's the first item of regular business. I'd accept that.

Where is that? Where where are you? be 10 a we got a motion and a second to amend the agenda. Roll call. Council member Osk. Hi. Nelson. Hi. Gilbertson. Hi. Gardner. Hi. Baggerly. Hi. Davis. I. Butterfield. I. And shoulders.

I. Eight eyes. Zero nos. That motion carries. Do we have to have a motion that did that cover the agenda as a whole? should cover the agenda as a whole. Okay. All right. So then I'll go on to consent items and call on Verne Larson, our city clerk.

Thank you, Mr. Mayor and council members. Tonight for your approval, I have the city council minutes of January 5th, 2026. The Wilmer Charter Commission meeting minutes of December 16, 2025 as a draft. The Wilmer Municipal Utilities Commission minutes of January 12th, 2026. the planning commission meeting minutes of January 7th, 2026 as a draft. A resolution to designate the official newspaper. An atlas of West Central Minnesota lawful gambling application. The appointment of council member Steve Gardner to the county candy county economic development commission joint powers board. The Rice Memorial Hospital board applicant, the accounts payable report from 1126 to 11526. And for your information, I have the director's reports, the finance report through 123125 and the Wilmer Municipal Utilities financial report for October and November of 25.

Thank you. I call for a motion to approve the consent agenda. So moved. Second. Got a motion and a second. Discussion. Roll call. Council member Nelson. Hi. Gilbertson. Hi. Gardner. Hi. Baggerly. Hi. Davis. Hi, Butterfield. I should hi and Osk. Hi. Eight eyes. Zero. That passes.

Next is the open forum. We have a number of people that have signed up for the open form. The Wilmer City Council has established a procedure to allow members of the public to address the council in open form at the beginning of all regular meetings. This is not something that the city is required to do. And in fact, many cities don't allow the public comment at every meeting like we do. In order to balance the value that this council recognizes in hearing the public with the need of the council to have sufficient time to get through our agenda and conduct public business, the council has established parameters that all speakers in the public in their open forum must respect. It is important that we treat all speakers fairly by uniformly requiring everyone who participates in the open forum to follow the same rules. I will give you those rules. Number one, members of the public who wish to speak at the open forum must sign up with the city clerk before the meeting and indicate whether they reside inside or outside of the city. Number two, the total amount of time for the open form in any council meeting is limited to 15 minutes.

Comments by one speaker may not exceed three minutes. In order to allow other subjects to be considered, no more than three individuals may speak as a group to the same topic in any open form with a total time allotted to that topic by all speakers in the group limited to five minutes. Number five, comments must not concern negotiated items such as bids for services or equipment, agreements with the city, franchise terms, labor contracts, or lawsuits. Number six, candidates for public office must not use the open form to make polit political comments. Number seven, the council's policy is to listen to everyone who speaks in the open form, but the council will not respond in substance to comments made in the open form or engage in a discussion with the speaker. If appropriate, given the nature of the comment, city staff will follow up with the speaker and the issue could come back to the council as an agenda item at a future meeting. In conclusion, there are other opportunities for the public to address the city council in public hearings on specific agenda items. Public hearings are required before numerous actions the city council may take. An example on tonight's agenda are the public hearings on three charter amendment ordinances.

If you are here to address any of those ordinances, the appropriate time to do so is in the public hearing for that ordinance, not the open forum. When called upon, members of the public shall address the council from the podium located in the center of the meeting room and speak into the microphone stating their name and address. Any materials to be distributed to the council with the presiding officer's permission shall be delivered to the city clerk for distribution to the council. Finally, and as indicated in the city of Wilmer's rules of decorum policy, no person shall disturb, disrupt, or interfere with the effective orderly conduct of the meeting. Prohibited conduct includes but is not limited to cheering or shouting, vulgar, profane, threatening, obscene, abusive or disruptive conduct or unprotected speech, whistling, clapping or stamping feet or holding displaying or placing banners, signs, objects or other materials. in any way that endanger the safety of others. Prevents the free flow of individuals within the meeting room or the ingress or egress from the meeting room or any emergency exits thereto or otherwise obstructs or prevents the viewing of the meeting by other person in attendance. So with that

I have 10 individuals that have signed up for the open form. We have a 15minute limitation on the open forum. I think it's still it can be waved in this case, but you still have the three minute limitation if you're going to speak. Is the council okay with me waving the 15 minutes?

It's fine. I'm looks like I'm getting the okay I will do that I will remove the 15minut but they will there will be three minutes limitation on each speaker the first speaker is pear or pa give us your name address. My name is Pearla and my address is 404 North Street.

Good evening. My name is Pa. As we speak, the whole world in the state of Minnesota is divided. ICE is not practicing public safety whatsoever as they do their job. They have killed, injured many, and used unreasonable force on others. There should be no reason there are more than two ICE agents on top of one person while trying to take them into custody. There should be no reason these agents are physically kicking, putting their knees on their necks, and assaulting individuals who are detained. A bunch of people in the Wilmer community are scared to come out. Microphone closer.

Okay. A bunch of people in the Wilmer community are scared to come out due to what ICE is doing in our town. The incident that occurred downtown on 11226. 19year-old was dragged out of her car, cuffed, and thrown into a vehicle. When she was arrested, they pepper-sprayed a Somali man who was taken into to the hospital. They were pushing individuals and pointing pepper spray at all other people when these when to these individuals, including my friend and I who were practicing our right of freedom of speech and the right to our protest. This individual was back home with her family, but her terrible experience is going to stick with her for a very long time. She was also a Woomer senior high school student. I also want to bring up the incident at El Tapato. The four ICE agents that went to El Tapato to eat, then later taking the owners in a dishwasher is the most disgusting thing they've ever did. As a result of that, Elapatio closed for a few days and some other places have closed due to the presence of ice. Our kids should never fear going to school. An estimate of a thousand kids were not into school in the district. Nobody should fear for their safety because of the language they speak or the color of their skin. I myself was pulled out of the vehicle and slammed against my door just because of my color and the car I drive. They saw my birth certificate, untied me, and told me have a good night. I've been followed by ice out of my work twice in the span of one week. I couldn't go home that one night because they were circling around the block of the house I was staying at. It is super devastating. A community is scared to take their kids to schools, scared they're going to never see their kids again, and kids scared they're never going to go see their parents again. Many people now are scared of cops when they are pulled over, scared that they're going to report a crime, and in

result, they're going to get deported. Another issue is family separation. ICE actions in Minnesota have resulted in parents being detained or deported without warning, leaving children behind, many of who are US citizens. Kids are ripped from their parents, causing them trauma, leaving them with nobody to comfort them. And there should be no reason that ICE is treating everybody the way that they are treating. I will not be oppressed by these people. There is no community without unity. Revamp this community. Thank you for your time and consideration. Thank you.

Clapping, please. Next is Ryan Reviewer.

Good evening. Give us your name and address, Ryan.

I'm Ryan Riviera and my address is 805 17th Street Southwest. My name is Ryan. I am the founder and owner of Revamp Skateboards. Revamp is more than a company. It's more than skateboards designs or clothing. Revamp is a positive movement. is created to uplift the youth, to protect diversity, to promote sobriety, peace, and unity, and to build real community in a world that often tears people apart instead of bring them together. But lately, it doesn't seem like I can try to spread a positive outcome to the youth due to all the recent things happening with ICE. Recently, what's been happening with ICE here in Minnesota has deeply affected me, not just as a business owner, but as a citizen and a human being. I personally experienced being forcefully removed from my own car while sitting in a parking lot because my they said that my license plate said I am native and Hispanic, which I am. But why was I being judged over my background and then and ethnicity? I wasn't committing a crime. It wasn't do anything wrong. Yet, I was treated as if I didn't belong, as if I wasn't human, and if my rights didn't matter. That moment changed me. I was shoved to the ground with my hands behind my back until my Minnesota driver's license quote unquote ran and came back. It made me afraid. It made me angry, but most of all, it made me more determined to look out for my community. Because no one should live in fear for simply existing. No one should fear being in their own car. No one should fear being in their own home or community or even their own school. And no you should grow up believing that violence, profiling, hate, and discrimination are normal and afraid to go into school and that going to school is okay. I ask the city tonight to please to try to put an end to this violence and this nightmare so we can all go back to being the community that we love, that we help one another, that we look out for one another, and not living in fear anymore. Thank you.

Thank you, Brian. Next is Jenny Gruin.

My name is Jenny Gruin. I live at 3830 19th Avenue Southwest Wilmer. Um I am a I am the programs manager at Arrive Ministries in Wilmer and we resettle um immigrants and refugees in the Wilmer community and so I am very deeply connected to the immigrant community here and many of the people who have moved here in the last four years I've helped them to resettle and get oriented to our community. Um so obviously what's occurring right now is is deeply impacting our work. Um, and what I think I I really want people to know in this moment is that we were told it was going to be people who did not have legal status or had criminal backgrounds and that is not what is happening. We have had we have had people who came as refugees which is a permanent legal status be arrested purposefully not accidentally and detained detained for days and some are still detained. Some have been transferred out of state already. Some are in deportation proceedings. These are these are community members who have committed no crimes, did everything right. I am deeply connected to their paperwork, to their status because I helped with it, so I know. And so the the rhetoric that it is the worst of the worst, that if you are not illegal or you did not commit a crime, you do not need to worry, is not true. That's why our community is hiding because as as those of us who work in immigration have to advise our people, our our friends, our neighbors, our clients as to what is safe and what is not safe. We cannot say right now that it is safe for them to leave their homes. We can't in good conscience say that because we are seeing people who have no criminal background, who have perfectly legal status being arrested, being detained, being deported every day.

So I would just ask that everyone takes that under consideration when you hear the rhetoric that it is only those who are here illegally that it is only those who have committed crimes because that's not what's happening. Thank you Jenny.

Next I'll call on Brad Hovland. Did I say that right? Brad Brad Howard. Howard.

Yeah. I'll make it sweet here. I'm I'm rep representing the Elks and my name is Brad Howard. I live in Candy High, Minnesota, 341 North 6 Street and I'm one of the board members out at the Elks. And anyway, I've got some questions dealing with our water service lines out there. We have two meters, but we have three service lines. And I was wondering uh because I went down and talked to head of water department and I asked him and he says well at that one time there was three to four businesses there and I'm wondering whether they when they put the street in the contractor hooked up too many service lines and we were going to get build for it and I would like to know if the engineering or anybody like that has run trace on those copper lines back to the service inside the building. Um, there's ways of doing it. I mean, I've been doing plumbing for 44 years and you can. Anyway, I was just wondering if they did so we can alleviate the issue on some of that. And anyway, um, I'll make it short and sweet here. I know you guys are going to have a busy evening here. And anyway, the probably the biggest thing is, uh, the contractor. We've been not having any luck whatsoever with him. All right? and um his work has been questioned and also by when you guys had your engineer where some of us are here from the Elks and and I believe the head engineer from Bolton Minky said there is problems there. Okay. And anyway um there are staging trucks on private property on our blacktop. We have cracks in our black top and we have filled our black top before with, you know, sealant in our cracks and we got new cracks. They pulled up uh on the front parking lot, staged their trucks with the big trucks full of gravel. Then they went to

the back. Then they finally went out where they should have been coming off from 12 and backing and dumping their loads. So, I mean, um, those are the issues that were coming up and the contractor, like I said, has not and we've got, you know, not very to us at all. Not even want to get back to us. So, anyway, um, we have eyewitnesses, pictures, and so on. And I know that I don't know if you guys have, we're going through the Elks lawyers, and we're going to go that direction. So, and if anybody can get back on these water service lines, that would be awesome. So, thank you very much. Appreciate it. Okay.

Next, Albert Reyes.

Good evening, council. Mayor Doug. Uh, my name is Alberto Reyes. I go by brother Albert or Albert. Um, pretty much everybody pretty pretty sure knows me here in town. Um, I wish I can come under different uh I don't know what to call it, man. I'm just the ambassador of the Lord. So, I just got to bring you whatever my father's presenting to you guys. Um, I will take and respect uh the rules, but uh I've never known laws that refrain the tongue of of my heavenly father. So, I will do my best to to honor your request, Mayor Doug. Um, my concern is not so much for the city or ICE. I am I'm more appalled as I dig into scripture myself in my and and I'm appalled because I grew up in this town. I was born and raised here. So I understand the emotion of many motans. I'm I'm well aware of the of what's going on here. But nevertheless, we can talk about the injustice. We can keep talking about all this stuff over and over and over, but like Mayor Doug said, this is a federal this is a federal organization. This is all under the administration of Trump. We have no control over it. Period. if if these things are to be changed, they're going to be changed at the legislature down at C at the capital. So, if any of those concerns those those if those laws need to be rewritten, they need to be addressed at the state capital is what I'm trying to get to. So, and nevertheless, um City of Woomer, um my father says that because and because of lawlessness will abound, the love of many of us will grow cold. Many of us will grow cold and we already seen it. Maria's holding a sign that says, "Hate does not make America great." And I agree. It's the love that's going to make this country great.

Please speak into the microphone, Alberto. Please speak into the microphone. At no point are at no point are we supposed to guys our love as protecting our neighbors. We need to respect the the governing authorities. Even even Jesus has that in Romans uh that we have to here. I'll just go ahead and quote exactly what my father says. What time how much time did I govern? Sorry, left. You've got about a minute.

I'll try to hurry up here. Councel says, uh, "Let every uh Romans 13 verse one, let every soul be subject unto the higher powers. For there is no power but of God." The powers that be are ordained of God. Even if we don't agree with them, they're ordained by the highest power, which is almighty God. So, with that being said, with lawlessness, lawlessness will abound. It's not going to it's not going to decrease. It will abound. It's going to increase. So, whatever you're experiencing now, it's just going to get worse. And that's the that's what I'm trying to tell through this message here that that things are going to get pretty messy and these things are written in the Bible. And I I last year I came about the same time last year projecting these things and and they're starting to take place. And and I'm I'm almost kind of sure I mean I'm positive that these are the end times. We're living them right now. These are the tribulation periods. and and we're not in I'm sorry you're text that's fine thank you councel

thank you next is Maria Valowis I don't know how to

good evening council my name is Maria Balo I got sore throat. So, I apologize. Um, I'm not new to this community. Um, probably some of you know me from the past experience with ICE. Um, quite some time ago. And, um, my address, I'm sorry, 2309 Fth Avenue Southeast in Wilmer.

Okay. Um, I really, um, I didn't I wasn't prepared to speak to you, but um, when I got here, I changed my mind. So I'm kind of like going from my heart and one of the things that I noticed is that the first thing you do uh before you start your meeting is the pledge of allegian paragraph it reads with just with liberty and justice for all and uh personally I have not seen uh liberty and justice for all. So that should have been changed to liberty and justice for all citizens of the United States, but it doesn't say. So I think we not honoring what we saying to begin with and I our pledge of allegian so that's just a comment. Um and uh my past experience as a Wilmer community organizer I I personally was affected by ICE. Um, a lot of my friends were taken, deported, and I I'm left with no friends. But this time, um, it's very different. ICE is not eyes. It's just people. People that want to are are being mean to my community. I am speaking here not just for the undocumented community, but for people that look like me. If you if you see me walking on the street or driving just last night, they follow me. I did not stop because I do not want to stop. They follow me. I have no record. My car is registered to my name. They have my address. There's no reason to follow me. And I did not stop because I did not commit any crime. I went into my garage and I locked my doors. So, I'm scared. Yes. And I'm an American citizen. And yes, I have an accent because I was born Mexican. I'm an American citizen by choice. I want to be here and I don't feel welcome anymore. It's really sad because I've been here

for over 35 years and this city has been very welcoming to our minority and this city was built on minority. Jenny Oo and a lot of the big businesses, this city will not be the way it is without the minority. And many many of you probably are not even familiar with us. the minority. Many of you probably don't have a friend. They are in the minority. I do. Just last in the last few days. I'm sorry. One of my friends, four year old, fell down and broke his arm. I work overnight. I wasn't able to go. And my friends were afraid to drive that kid to the hospital. and that kid has to stay home all night with a broken arm. So tell me that that's not sad because she was afraid to drive the kid to the hospital. So it wasn't until next morning when I was done with my work that I was able to help. This is very sad. So they're lying what they're saying and it only criminals. Yeah. El tapatio their crime. Have a fabulous restaurant. That's their crime. because they could not prove that they committed a crime. I am 100% that they don't have arrest warrants for all that many people. And how do I know? Because I was at the court here in the past. Maria,

Maria, I'm sorry. Your time is up. Time is up. Thank you.

Next, I'll call on Jennifer Linquist. Hello, my name is Jennifer Linquist. I live at 828145th Avenue Southeast in Wilmer. I work in Wilmer. My child attends a public school. We've graduated two of our children from Wilmer public schools. This is where we live our lives together with our neighbors from around the world. These neighbors are what make our city unique, beautiful, and economically better off than less welcoming communities. As Americans, we were told ICE is here to make us safe, enact legal warrants, and go after the worst of the worst. And yet, in this city, we have witnessed American citizens being picked up, driven a few miles, and then dropped off in the freezing cold temperatures. We have witnessed ICE ramming a couple's vehicle while they were leaving a laundromat, leaving this vehicle abandoned in a lena traffic. People engage in regular activities of working, eating out, and shopping are being stopped, harassed, terrified, and disappeared. Last week, ICE violently drugged my daughter's classmate from her car window in downtown Wilmer. Observers following their legal constitutional rights to observe, which was reaffirmed by a federal judge this week, have been harassed. ICE has attempted to break into their cars. Observers have been threatened here in Wilmer, including having guns drawn on them. Our children can't attend school in peace and security. And so I ask all

of you, how is any of this making us a safe and better community? Who will protect the citizens of Wilmer from our community from these agents of terror? Next. I I can't read it. Is it Rain or Rehea? Oh, that was that was me. I thought I got crossed off, but I'll come up. I'll be real fast. Um, my name is Rain Headland. I don't live in here in Walmart. I live in New London. My address? Yes, sir.

1 1966771st Street Northeast, New London. Um, just to piggyback on what Jennifer said, um, I about a month ago I was practicing my First Amendment right. I'm a trained constitutional observer observing ICE and um they blocked us in a parking lot. Four trucks, two women in the vehicle, just my friend and I in the vehicle we were in blocked us in with three trucks and um uh they tried to break into our car. Um, we decided not to talk to them or allow them into the vehicle. So, they tried to break into the car. I called 911 and law enforcement answered and told us to drive over there. And when we got there, they basically told us there was nothing we could do. I looked up today and found out that that incident happened within the city limits of Wilmer. So, I'm asking the council, um, who am I supposed to call when someone's trying to break into my vehicle? I did nothing wrong. They're yanking on the door. I thought they were going to pull the door off of the hinges. The same day, the same group of men attempted to run one of my friends off of the road. He called and made a report. They did nothing. I want to know who is going to pro protect the citizens. My son is a a US citizen, works in Wilmer, I'm not going to say where for his protection, and he is now carrying his birth certificate around with him and asking his boss to walk him to his car after work because nobody feels safe. Please do something. Next is Tim Davis.

Tim Uh, my name is Tim Davis. I live on 517 6th Street Southwest. Uh, sorry if I hesitate a little bit. I'm distraught and I don't like public speaking. Um,

an opinion piece was published by the New York Times written by Thomas L. Friedman in 2019 titled President Trump come to Wilmer. It was an article that echoed the core of what made me proud of this town. It is a melting pot. His article details how Wilmer has become a home to many from all over the world. How our local culture has evolved to become one that borrows from many residences different ancestral homes. Combining foods and traditions to make Wilmer a community greater than the sum of its parts. Wilmer is a community of people from many different backgrounds who are willing to overcome any barrier, whether it be language or culture, to make Wilmer a place unique, uniquely suited to everyone here. Now, ISIS is in Wilmer picking up anybody perceived as different. Their claim is still that they seek illegal immigrants, but they have adopted a guilty until proven innocent mentality in their approach. Anyone who looks quote like an immigrant," unquote, is at risk of being taken by ICE. What can the city council do? I suggest two things. Uh, support your community, even if it is only vocally. I don't know how much influence you have over a federal force, but standing with us and speaking against it means a lot. Uh, do what we can do. Reach out to your higher representatives and inform them that this is not okay. Uh, and I was a little fuzzy on ordinances earlier, so if this is one and I'm not allowed to talk about it, let me know. but convince the Candyohigh County Sheriff's Department to drop the 287g agreement. This agreement effectively turns our sheriff department from a witness of IC's actions in Candy Ohio to a willing participant. My immediate fear is for the safety of my neighbors, but my long-term fear is the repercussions Wilmer will face by betraying the trust of immigrants in our community. Thank you.

Last speaker is Kelly. I don't know how to spell your name. It's Kelly Shepy. Shepy.

Yep. U Good evening, mayor and members of the city council. My name is Kelly Shepy. I reside in own property at 13186 Street Southwest. and I appreciate the opportunity to speak tonight in strong support of your oppose of your proposed amendment to the wastewater lateral ordinance. As introduced as agenda item 10G, Corey spoke at the last meeting about our ongoing sewer lateral issue. And I'd like to connect that experience to why this amendment is crucial for fair and practical enforcement. First, let me commend the administration for proposing the change by removing the automatic defect classifications for materials like cast iron while keeping the focus on actual functioning issues such as cracks, leak, bondage, blockage, or infiltration. This amendment proposes common sense regulations. It prevents unnecessary financial burdens on homeowners when lines are still performing well. I urge you to advance this to the public hearing on February 2nd and adopted swiftly. Now, in our situation, on December 19th, 2025, we received a non-compliance notice stating that our cast iron lateral was significantly deteriorated due to corrosion, requiring full replacement of 55.9 ft in 120 days. We have received no proof of a failure other than corrosion of cast iron. We have had two independent CCTV inspections that we've paid for. One was conducted by the efficient septic, noting no cracks, no misaligned

joints or infiltration along the length, which confirms functional adequate functional connections overall. And this aligns with our city administrator Leslie Valon statement at your December 15th meeting. She stated, "If it isn't broken, citizens should not have to fix it, and there should be proof. My line isn't broken. I have evidence to support that." Our second inspection from Northern Services on December 23rd, a camera scoped 60 ft of the cast iron to a PVC connection and found scale buildup, but again, no cracks, no breaks, no other deficits. These quotes for repairs range from 17,000 down to 10,600 and that includes ripping up our yard, a front step, a beautiful tree that's established for no reason when our line is functioning. We hope that this amendment would directly address cases like this and emphasize performance over outdated material bias. In light of this, we respectfully request reconsideration of our notice which is fully functional or grant us a variance as you're trying to make this amendment especially with my property approaching quickly for closing date. This is causing a hardship on us.

Kelly, I'm sorry your time is up. Thank you for your consideration. Next is a public hearing and it's a consideration to amend section 4.02 subdivision 4 of the city charter and I'll call on planning and development director Christopher Corbett and city attorney Robert Scott. Okay.

Thank you, Mr. Mayor, members of council. And this evening I am seeking approval for three city charter amendments. As you know, charter amendments require the affirmative vote of all council members, including the mayor. Um, the items on the agenda are 9A, 9B, and 9 C. Council was briefed on all three amendments first on November 3rd of 2025 and held a public hearing on January 5th, and today is a continuation of that public hearing. I would like to proceed with the presentation um led by attorney Robert Scott. Each proposed charter amendments are designed to streamline planning and development processes and ensure alignment with Minnesota state statute.

I have to continue the public hearing verbally. You want to step in? Yeah. Yeah. Mayor, members of the council, the public hearings, three separate public hearings were each continued to tonight. So, we're going to have to go through each one uh reopen it. I will give the presentation. I will uh go over in more detail than I did last meeting since the full council is here and we'd anticipate possibly a vote tonight. But I'll do that for each of the three ordinances. But do I have to?

Yeah, I would just declare that the public hearing is now open again. We're continued to tonight. Um the first one is for uh the amendment to section 4.02 subdivision 4. I will open the continued public hearing.

Uh thank you, mayor, members of the council. Uh with apologies to the six members who were here I think uh last meeting six council members. I'm going to go through the presentation again in a little more detail for each of the ordinance amendments. Um and then I will uh pause so that the council can receive public comment on each of the three charter amendment ordinances. Uh so quickly the procedural note for the council this is a all three of these ordinances you'll be considering in these public hearings are charter amendment ordinances. They are governed by state statute. Um, there are a number of different ways a charter can be amended with the exception of this one tonight. By ordinance, all of them would generally require going to a special election. In order for a charter amendment ordinance to take effect, the city council has to take a vote, pass it unanimously, and the mayor must approve of it. If any charter amendment ordinance passes through that procedure, at that point there is a reverse referendum procedure built into the statute where the ordinance does not take effect for 90 days and if a certain number of uh citizens come forward with a petition, they can still subject the charter amendment to uh election requirement and it would not take effect until it is passed by the election. So, procedurally, the council must conduct the public hearing. We're continuing that process tonight. Uh, the council must take a vote within one month of closing the public hearing, and all council members, like I said, must vote in favor of it. So, it's a good thing that all council members are present tonight. I think the recommendation would be that upon the conclusion of the presentation and receiving any public comment that the council that the mayor does close the public hearing and that the matter uh proceeds to a vote at the council.

So I will then start with the first ordinance which is a proposed amendment to charter section 4.02 subdivision 4. This one and the next one both deal with the roles and responsibilities of the city planning commission. And just as some background context, there is a state statute, the municipal planning act that generally requires every city that has engaged in comprehensive planning and adopted a comprehensive plan to have a planning commission. and state statute uh contemplates that for the most part a planning commission is going to serve in an advisory capacity to the city council. And what's clear looking at the statute is that the primary focus of the planning commission as you'd expect would be on matters that are relevant to the city's comprehensive plan. It does allow charter cities to assign additional functions and responsibilities to the planning commission which as you will see in a minute Wilmer has done in his charter. One of the things that planning commissions are charged with under state statute is uh to weigh in on significant capital improvement projects. Um, state statute uh in the planning act requires that proposed capital improvements be submitted to the city council, excuse me, to the planning commission for uh report to the city council on whether the improvements conform to the principles in the comprehensive plan. It also has a procedure that if the planning commission does not make a report, it's deemed to have uh been approved by the planning commission. And it allows the council, this body, if

at any point you determine that a proposed improvement is uh not relevant, does not impact the comprehensive plan, the council can take a twothirds vote to uh dispense with a requirement that a proposed improvement be referred to the planning commission for consideration. So that state statute, the current language in city charter in chapter 4.02 02 section 4.02 subdivision 4 is much broader and it actually appears to impose an affirmative duty on the planning commission to make a report on uh capital improvements the planning commission deems appropriate for both the city council and boards and commissions like the Rice Memorial Hospital Board and the Municipal Utilities Commission. So rather than as statute contemplates the planning commission uh be referred a proposal from those bodies and weigh in on the limited question of whether the proposed improvements would conform to the comprehensive plan. Wilmer city charter currently actually imposes the planning requirement for each of these organizations on the planning commission. Um, I think the planning commission has over the years uh expressed discomfort with having that responsibility and as recommended and staff supports the proposed amendment to chapter uh section 4.02 subdivision 4 that would reign in in the responsibilities of the planning commission to consider uh capital improvements for both the city council as well as his boards and commissions. Under the proposed amendment, it would restore more of an advisory capacity to the planning commission and it would uh clarify that the planning commission's

role when it is referred a capital improvement um from any of the council or its boards or commissions. its role would be a statute contemplates which is to make a recommendation to the city council on whether the proposed improvement uh conforms to the city's comprehensive plan. So to distill this amendment, the key changes uh are in the slide here. I just went over them in uh in decent detail. The one thing I didn't mention, it also would uh incorporate the statutory language that the planning commission's role can be dispensed with in any given given case by this body by a two-third supermajority vote. and a provision that if the planning commission for whatever reason does not return a report on a proposed capital improvement that the uh matter be deemed approved by the planning commission and can proceed at the council or border commission level. So with that I would certainly welcome any questions from the council on what this charter amendment does. Um and if there aren't any then uh it would be appropriate to uh see if anyone in the public wishes to comment. Anyone here to speak from the public in regards to this amendment? Anyone here to speak in regards to the amendment of section 4.02 subdivision 4 of the city charter? Not I'll close the hearing. Motion to

with the hearing closed sir. Okay. Motion to adopt the ordinance. Uh we got a motion to adopt the amendments. Second.

And we have a second discussion. Attorney Robert Scott say if we get back report from the commission that it's not tied into the comprehensive plan what would be then would it just be a twothird vote we could shoot it down or if this not tied in anything to that?

Uh it would be it would be a recommendation from the planning commission. So presumably in that scenario it would come from the planning commission that whatever the proposed improvement or expenditure was uh is for a project that is inconsistent with the comprehensive plan and the planning commission's recommendation would be that the council not move forward with that project or that expenditure. That's not a veto. That's a recommendation. The council would presumably take that into consideration. But the ultimate decision on whether to u proceed with that project would be the city councils and the same would be true for any of the boards or commissions that would be affected. Okay. Thank you.

Any other questions, discussion? This is just for subdivision 4, the motion. This ordinance is just for the uh amendment that you see here to the language in one subdivision of section 4.02 of the charter. We have to have a separate for subdivision 8. Correct. Yep. Okay. No other discussion. Roll call. Council member Nelson.

I Gilbertson. Hi. Gardner. Hi. Beerly. Hi Davis. Hi Butterfield. Hi Shelz. Hi Osc. I and Mayor Reese. I nine eyes. No. No. No. No. Zero nos. That motion carries. Next is a We need a motion to publish the ordinance. So move. Second. We got a motion, a second. Discussion. Roll call. Council member Gilbertson. Hi Gardner. Hi Baggerly. Hi Davis. Hi Butterfield. Hi. Shel. Hi.

Osc. Hi. Nelson. Hi. Eight eyes. Zero nos. Motion carries. Next is uh consideration to amend 4.02 subdivision 8 of the city charter. and I will continue the public hearing and call on Robert Scott.

Thank you again, mayor, members of the council. Uh, this proposed charter amendment to subdivision 8 of the same section of the charter is very similar to the previous one you just considered. Um, in this case, the uh this would amend the uh planning commission's role as it relates to uh purchases and sales of real property owned by the city or its boards or commissions. Um, just as the planning act requires the planning commission to uh review and comment for consistency with the comprehensive plan on capital improvements. The same requirement is in statute for proposed uh sales of real estate owned by the city or the city's entities within the subdivision. Um, similar to the issue with the charter that the previous amendment adopted, the Wilmer city charter, um, goes beyond what statute contemplates and rather just having the planning commission serve an advisory role on the limited question of whether a proposed real estate transaction is consistent with a comprehensive plan. It actually requires the planning commission to approve a proposed uh, transaction before it can proceed. And it is not uh clear in the language of the charter what the role of that review what the scope of that commission review is supposed to be. Um so in previous transactions I think the planning commission has expressed some concern or confusion about what it's supposed to be um acting on when these proposed transactions come before it. Um is it supposed to be scrutinizing the terms and conditions that the city negotiated? Is it uh going beyond that? And at any rate, the charter appears to give the planning commission almost a a veto in that process, and that's not

what state statute um contemplated. So, this proposed amendment, similar to the previous one, is intended to clarify the scope of the planning commission's review um and make it uh kind of restore it to an advisory role uh which is not clear under the existing language of the charter. So, it eliminates the requirement that the planning commission approve any proposed real estate transaction by the city or its boards or commissions. It would eliminate language requiring the planning commission to review and approve leases that are longer than three years in length, which it does not appear in the state statute. It would uh again restore the commission to an advisory capacity and clarify that the commission's scope of review is limited to whether the proposed transaction and presumably the development connected to that transaction is consistent with the comprehensive plan. Um, it also incorporates the provisions for this body to wave planning commission review if it determines that it doesn't concern the comprehensive plan and um would deem the uh commission silence to be recommendation for approval. So again, I'd welcome any questions on this amendment and I suggest the council. So anyone in the public in the wishes to comment on this one as well. Is there anybody from the public here to speak to section 4.02 subdivision 8 of the city charter? Anybody here to speak to subdivision 8? If not, I'll close the public hearing and call for a motion.

Motion to adopt ordinance and amend section 4.02 02 subdivision 8 of the city charter. Second. We got a motion and a second. Discussion. Tom, you brought uh Attorney Scott, you brought up a thing about the a veto by the planning commission know it's going to be out. Let's just take for example the Swanson Field issue that came up, you know, last year on sale of it. The council voted not not to go with the sale of it. Could the planning commission come back and veto that and try to get it back for sale?

Um, no. Um, like with the previous charter amendment that the council considered, this one is restoring the planning commission to be an advisory role to the council. If the planning commission fell to proposed purchase or sale of city property uh within the city uh was inconsistent with the comprehensive plan, it would presumably make a recommendation to the council to not proceed with that transaction because of the inconsistency with the plan. But it is a council decision what to do with that recommendation. Any further discussion? Roll call. Council member Gilbert Gilbertson. Hi Gardner. Hi Baggerly. Hi Davis.

Hi Butterfield. Hi Sheldus. Hi Osc. Hi. Nelson I and Mayor Reese. I nine eyes zero nos. That motion carries. Now we need a motion to publish the ordinance. So move. Second. We got a motion and a second. Discussion. Roll call. Council member Gardner. Hi. Baggerly. Hi. Davis. Hi. Butterfield. Hi. Childess. Hi. Osc. Hi. Nelson. Hi. And Gilbertson. Hi. Eight. I's zero nos.

That passes. Next is uh a continued public hearing on uh the amendment of section 4.06 06 of the city charter and I will open the hearing and call on attorney Scott once again. Thank you again, mayor, members of the council. The last charter amendment before you today is a proposed amendment to chapter uh to section 4.06. Um, this relates to the official roles and responsibilities of the planning commission and the city board of zoning appeals. And again for context, the municipal planning act also in addition to um authorizing and establishing planning commissions in cities also uh generally establishes a board of adjustment and appeals and Wilmer that's called the board of zoning appeals um to decide things like variances from zoning requirements, appeals from zoning determinations that city staff make. Um, it also however authorizes a city to assign those functions to either the city council or the planning commission by passing an ordinance making that assignment. Um, in this case um the city has, I understand, had difficulties finding uh enough volunteers to serve on both the planning commission and the board of zoning appeals. And in recent months, a couple of uh land use decisions and variances that would ordinarily be uh within the scope of the board of zoning appeal appeals have had to come to the city council just because the board of zoning appeals didn't have enough members to take action to resolve those um matters.

What the amendment before you would do would be to change the charter to allow the city council by future action. This wouldn't be a self-implementing change immediately, but it would uh include an authorization for the city council to reassign the functions and responsibilities of the board of zoning appeals and assign them to the planning commission so that the planning commission would serve its ordinary function and would also on occasion meet in its capacity as the board of zoning appeals and decide variances and appeals from zoning determinations. Um, this would uh this change would have to be made by a future ordinance after the charter amendment takes effect in the event that this vote by the council uh passes unanimously. Um, so 90 days or more into the future, if the city council wished to implement this change and assign the duties of the board of zoning appeals to the planning commission, this council would need to uh bring forward or introduce and adopt an ordinance making that assignment. This merely would uh include the authority that exists in statute and the charter as well to allow that change to happen at some point in the future. So again, I'd welcome any uh questions from the council and the council should uh invite the p public to comment as well. Is anyone here to speak to section 4.06 of the city charter? Anyone here to speak to this issue? If not, I'll close the public hearing. and call for a motion to adopt the ordinance.

I'll move to adopt the uh proposed amendment to city charter section 4.06. Do we have a second? Second. We got a second discussion. Rick,

thank you, Mr. Mayor. I don't like the idea of removing the zoning appeals board. I like to have a different set of eyes and ears on a problem. I mean, if you're going to let the planning commission do it, they're going to hear it and then have another meeting and hear it again. We don't change their opinion too often. Now, I know there's a concern. We don't have many citizens that want to step up and join the boards. We had that issue before when Mayor Hiky was here. Bless his soul. He requested that each council member bring two people, two names to him to serve on boards. And I think we could do that again. The two people that are on the zoning appeals board right now are from the third ward. So other wards uh need to step up and get some people. So I'm opposed to this.

Anybody else? Yes. Um if How how would we do it that we just want the council to do it? And if if we can get enough members on the on that board of zoning appeals that we could then give it back to them, but in the meantime that the council would be that body.

Um the proposed charter amendment would only authorize the city council to assign those functions to the planning commission. It does however allow and statute is consistent with this. It would allow the city council to establish procedures at the same time for any appeals from the planning commission serving as the board of zoning appeals to come to the city council. So you could still have that procedure in place where the council would be the final body to hear an appeal. Um that's all again none of this would happen immediately if this charter amendment passes. That would all be something that would be uh that would have to happen by adoption of an ordinance in the future.

Any other thoughts, discussion? Tom, I guess I'm in agreement with uh Councilman Veerly. Um when it comes to statute though, as it stands, is this okay? The proposed amendment kind of mirrors the statutory language that allows cities to kind of consolidate functions in one body by ordinance. So, it still leaves in place the requirement that this council would have to make that change by by ordinance in the future.

Any other discussion? This has to be nine affirmative votes, correct? In order for it to pass. Correct. Well, guess I got to ask the question. Roll call. Council member Davis. I. Butterfield. No. Schultz. Hi. Osque, no. Nelson, no. Gilbertson, no. Gardner, hi.

And Faggerly, no. Mayor Reese, I. Four eyes, five nos. That motion fails. Thank you, Robert. Yeah. Thank you, Mayor. Next under uh regular business, Justin.

Um yeah, just again hoping to to hear some comments um from city staff about what's been happening lately in regards to to ICE activity in town. Thanks, Chief. Could we follow the Minnesota open meeting law and request the doors are open so that people in the hallway have transparency and can be part of this conversation? We can open the doors. Yes, it was loud. That's why they were closed. Thank you.

Hello, Mayor, council. I'm police chief Mike Holm with the Wilmer Police Department. Um, we are very much aware of the federal immigration enforcement activity um, occurring in and around our community. I want to address the concerns we have observed and explain how this activity impacts our local public safety efforts. First of all, the Wilmer Police Department is not involved in the federal immigration enforcement. However, we have experienced a lack of timely communication from our federal agencies regarding individuals who have been taken into custody within our jurisdiction. When we are not informed that a person has been arrested by federal authorities, our officers may be reasonably begin investigating the situation as a potential missing person. Um, kidnapping or diverting critical resources away from other public safety needs. We've learned that multiple federal agencies are operating in our area, including the US Immigrations and Customs or ICE, the Enforcement Removal Operations, which is ERRO, Homeland Security Investigation, which is HSI, and the US Customs and Border Patrol. Um, and not all of them are communicating to the same. So, when we get a communication with one agency, um, they're not all working together. So that can put a delay in information. We have communicated our concerns directly to the federal agency regarding the recent activity that has been observed. They have acknowledged these concern concerns and indicated corrective action is being taken. This is a very tense and volatile situation for everyone involved. That is why we have intentionally refrained from making public statements or holding press conferences, allowing space for a

diplomatic approach focused on improving communications, reducing tensions, and ensuring safety of our community. The Wilmer Police Department remains committed to public safety, transparency, building trust with all the members of our community. Wilmer's police mission remains focused on protecting and serving the people of Wilmer. One of the areas that was brought up tonight by one of the people is just saying how do they make a complaint on a federal agency? Um the officer of inspector general or I is one thing to go out on um for concerns on how people are treated.

Um yeah, thank you. Um, Chief, um, what can the public expect from from your department in regards to to immigration status? Um, what are your officers going to do, not going to do? Well, we don't enforce federal immigration laws. We don't have the authority on that. So, we're just conducting our normal business as usual, things from drug investigations to traffic to family service calls, anything on that. So that isn't something that we have the arresting authority on a civil detainer. So it isn't anything that we address.

Okay. Thank you. Um I just I want to thank you for making comments. I want to thank the community for making comments. I don't think that we on a city level ever want to make national headlines. Um but in recent weeks certainly Minnesota and Wilmer have found themselves in headlines. Um they're not hypothetical events. They're not something that's happening somewhere else. that are happening right here.

Um, you know, I think I believe and this country believes that there are certain truths about human dignity and liberty that are absolute. They're declared to be self-evident. And when people who contribute to our community every single day are afraid to take their children to school, to hospitals, to go to work, to seek help, I think I think I would hope that we all could agree that something is being strained. Um, I do want to be clear that it's not a criticism of you or law enforcement. Chief, I think you and your department served with professionalism and restraint and care. Thank you for that. Your commitment to public safety over the years um with this community has built up a degree of trust. You certainly have my support. Um, I also support uh, you know, border security efforts. I can support targeted pre-planned operations and communication with local law enforcement um for violent criminal offenders. I think that work matters, but that's not what we've been seeing recently. At least that's not what we've heard of here tonight. And when that enforcement begins, when those enforcement actions go beyond those aims and and destabilize schools and families, local businesses are our entire community, I think it's appropriate for us to speak plainly uh about the fear that's naturally going to follow. And and lastly, I think you have demonstrated um and your department um has demonstrated that public safety depends a lot on trust. And you all have spent years building that up. Uh and my greatest fear right now is that once that trust is broken, it's really difficult to rebuild.

I understand the uh concern that everybody has. Again, I'll repeat. ICE is a federal agency carrying out federal responsibilities in those activities occur independently of the city of Wilmer. We can voice our opposition to it, but we don't have any power to change it. But thank you for your concern. Yes, Steve.

Thanks, Mr. Mayor. Uh Chief M. Uh, one of our the people in the public forum, I believe it was the gentle lady from New London, but I I'm not certain, mentioned that she or she asked a question, who should she call if she fears for her life as a result of a confrontation with a federal agent or an interaction with a federal agent? Um, or if that person has not identified themselves as a federal agent, what advice would you give to that person? Well, like I said, that that first one, if it's a complaint on a direct where a lot of the agencies, they don't identify themselves like Wilmer where you can clearly see the patch that says Wilmer. We identify ourselves by our name. Yes, that we say that. So, a lot of it is if you're seeing it's Homeland Security, you know, the camera footage, but the OIG, if there's a concern, if it's is this somebody that's not real, you know, um, call us. The same thing like for us if we get information that somebody was arrested, it's to get the correct name so we can try to reach out to resources to see who that's the communications we're trying to get with who was taken and arrested, where they at. And sometimes, you know, such as the uh student that was taken. By the time we finally got an answer, it was 4 days into um that where we had verification that she had been released. Um, and there's there's websites I haven't found a great one that's giving a super answer, whether it's ice.org where you have to put the name, first name, last name, country of origin. Um, it's not a proven system yet either, so to at least find out where everybody's at.

I think what she was looking for um was what does she do in that moment? It's great to go to IG, but what does she do in that moment? Did she call 911 or what? If she's fearful, what advice would you give her for that in that at that moment? Yeah, if she's fearful, it's not a federal agency, um, call and make us aware, you know, I mean, we we would respond if we know. That's where we're hearing on some of these activities is by, you know, phone calls too because we are not told upfront where they're working, um, what they're doing. So, thank you. Your police officers remain aware those those Uh, I'm sorry. You're out you're out of order. You're out of order. Mayor,

you're out of order. Mayor, um, I have a question. Um, if somebody does call 911 and they say that there is a active crime in or um, active uh, activity in progress, will officers be dispatched to that? Yeah, we would be dispatched to it if we don't know, you know, what what that is. If it was something out of ours, the officers would respond to that area. So, the the wording that would be used there, there's a crime in progress that I'm currently witnessing. Yeah. Thank you, Rick. Mr. Mayor, so 911 goes to dispatch out here.

Yes. All of our 911 goes to the law enforcement. The sheriff's department. Correct. The sheriff goes to them. What's that? The sheriff's department knows then too or the dispatcher, who do they call them? When they when they dial 911, it goes into the Candyway County Law Enforcement Center, which is operated by the sheriff's office. And then if it's in the city, they would dispatch a city officer. If it's in the county, it'd be a county. Um, that's kind of the way the that system works. So, they would ask where Yep. where this is happening. Okay. the state highway patrol be notified to then or

if it comes in as say a crash on state highway 71 where it's not in the city because we answer everything in the city that could get switched to their 911 system for the state patrol because we don't dispatch for the state patrol but they would relay it up to the state and then a trooper would be sent and a lot of times like out in the county both are sent if it's a motor vehicle crash. Yeah. All right. Thanks. Anybody else? Yes, Justin.

Just wondering, Director Valiant, would you be willing to craft a letter that could be sent to um elected representatives like Representative Baker, Senator Lang, Representative Fishbach, and Senator Smith and uh Clolobashar, and you could notify council when something's been drafted. then council could make decisions on whether we'd like to to sign such a letter just expressing our concern over what's happening in Wilmer. Certainly. Thank you. I don't think Are we ready to move on? What's that?

Do you have something? Mr. Mayor, me, members of the council, I'm going to refer you to the director's report and the community growth um report for January 26. Uh as many of you already heard tonight, many of our neighbors were detained by federal law enforcement uh the last few days. In addition, uh the heavy presence of ICE in our state and region elevates ongoing concerns regarding power accountability and the role of government at every level, including here in our community of Wilmer. As leaders committed to sustaining and advancing equity and inclusion, welcoming and belonging within our city government and community, we are placed in positions that demand us to be thoughtful and responsive in these situations. In additions, she demands us a lot from us personally and quite often require us to be stoic and pragmatic while navigating our own lived experiences within the context of government subjugation. Unfortunately, sometimes those boundaries and those limits overflow us. And um I just want to reassure that um one of the main goals of my office is to continue to create human dignity and how that human dignity when it's broken affects our community. As the arrest, detentions are happening in our city limits and

region. Families and communities are experiencing grief, fear, and trauma. Specifically, immigrant communities and communities of colors who already navigate heightened vulnerability. It is important to continue to center humanity, to bring attention to heightened vulnerability. I'm sorry. It is important to continue to center humanity. bring attention to the desperate impacts and resist narratives that either dehumanize or simply unsimplify our complex realities. As the director of community growth for the city of Wilmer, just want to remind each member of this council and city staff, I'm here to support you in moments like this and beyond. You have heard from our community members today. So I'm not going to go into details to give you how our community is being affected by the events that we are experiencing. However, I'm going to use a good example to distinguish between equality and equity tonight. Equality. I believe most of us here are US citizens. Inequity. Not all of us are treated the same. I want you to think about your neighbors who are having a difficulty leaving their homes.

sending their kids to school, choosing between work or staying home and and then falling behind their bills. Not given the food that they are supposed to have because they are scratching from their own kitchen cabinets, finding things that they just haven't used for many years probably. But because they cannot attend the grocery store, they are now eating things that will affect their bodies, their health and so on. It's becoming a snowball the consequences of the experiences that our communities are going through. Equality. We all have a driver license or a passport. Inequity. You don't have to remember if you put it in your pocket before you leave home.

I want to reaffirm our city, our city staff. We all are trying to find ways to navigate this issue. It's not easy. There is not a playbook on how to proceed. I thank you council and mayor for your leadership. I thank the people that have come here to speak not only for themselves but on behalf of those that cannot be here and wish they could be here. I think what mayor statement statement said was this is the right time quoting Martin Luther King. This is the right time. Let's not waste it. The tears, the fear, the anxiety, all these things that are causing in many of our me the members of our community. Let's not send it to waste. Let's use it. Let's come together. Let's find a way so that we can continue to say that we're a strong, welcoming, and a place where everybody belongs. Thank you.

Thank you. Anybody else? Together we, every one of us in this room, we can share love. We can show caring. We can be welcoming and grow our community under those circumstances of love and caring. help us to do so. Are we ready to move on?

All right. Yeah, we'll take a a recess. David can't come.

board of bids for Wilmer Connect phase one. And I'll call on our operations director, Kyle Box. Good evening, mayor. Uh thank you, mayor, members of the council. Tonight, there are two broadband actions uh potentially for the council to consider this evening. Uh before taking action on the bids, I would like to provide uh just an overall update and overview of um Wilmer Connect as it is today as well as uh what each of these action items mean. Uh so this the information that I will be discussing is the memo that was included in your packet dated January 16th. Uh so again just to provide an overall project status update uh the Wilmer Connect has reached a point where implementation decisions um are really uh being asked of the council to be made. Uh this evening bids uh as you all know are have been received have been vetted um and are um to the standard where staff uh Bolton and Mink Hometown Fiber feel comfortable with the contractor to proceed with um a recommendation to the council for that bid. Uh pre-signups uh the community pre-signups have exceeded our initial pre-construction estimates indicating strong resident and business interest in a city fiber to the premise or fiber to the home service. Uh these indicators suggest both construction readiness and market demand are consistent or have exceeded initial project assumptions. Uh the concern and the ask for a decision to be made this evening uh is any further delay uh may impact already strained lead times on on specific line items or materials within the project. Of course, we'll be uh subsequently if this is the council authorizes the bids, we'll be asking for the bonding or the financing of the project. uh the bonding and receipt of project funds as well as

the viability for 2026 deployment and enduser activation are all um are all coming to a head uh wanting to move forward. I wanted to provide an overview of the financing of the project. Uh the city will be considering general obligation tax abatement bonds uh to uh which is a financing tool author authorized under Minnesota law law that allows cities to publicly fund infrastructure projects such as Wilmer Connect. Uh these uh general obligation bonds similar to our how the city finances its streets or other in uh improvements uh uses the city's full faith and credit. Uh so as we talked about throughout this project, um if project revenues are falling short, it is still the responsibility of the city uh to make up those payments, whether that be through property taxes, which is more common, or in this Wilmer situation, um the opportunity or the option to use the community investment fund if the council wanted to lower or uh reduce that impact to property taxes. And we'll talk about that in a little bit. Uh, as I said, because the bonds are backed by the city, um, it is the obligation of the city to fulfill those bonds. Um, regardless, uh, to highlight the finance or fi phase one financial consideration, um, touched on this at the meeting in December uh, at the end of our last the council's last meeting in 25 December 15th with updated information. We're estimating a peak property tax impact with the bond structure uh that we've discussed is estimated to be around 2.8% by the year 2029. That is where it peaks. So it it would grow to that 2.8% and then slowly fall down off that 2 point uh from 2.8%. Um, however, when we look at a

standalone phase 1 project, that takes up to 16 years is what our projections are telling telling us right now. And what that looks like when it when we talk about a complete u um financial situation for phase one, it's about $3.6 million over those 16 years is where we would have project financial short or revenues that would be short um instead of coming back to the project. Again, that is a standalone phase one only. Uh there'll be additional I'll touch on some additional information what phase two uh would add to this project at the end of this memo. Um but I wanted to also make the council aware of outside interest uh that continues to be um interested in the Wilmer market. Um myself, Hometown Fiber Kyle Morehead uh who's with us tonight. Uh we've had two calls with this organization. Uh one uh prior to the December 15th meeting and then the other just a couple of weeks ago uh just after the new year had started. Uh we wanted to vet and and make sure that this was a viable second or a viable option first or second uh a viable option for the council to be aware of. Uh what this network would consist of uh again this organization is not has asked not to be named publicly. Um but this network would be privately owned, privately operated, privately maintained. Uh the it would not be an open access network. So it' be a um just a direct single provider. It would be fiber to the home infrastructure. uh the provider um what the where we start to differ of of course it's not open access but where we continue to differ uh from Wilmer connect to this is that the likelihood of connecting all properties um particularly those homes uh and lower density or geographically challenging to reach areas uh would likely not be connected especially when

cost u uh cost is a prohibitive factor for this organization. Uh they did note though um there is a potential for public private partnerships uh such as um getting the industrial park built which would likely not be a um a first place that this organization this company would build uh as just taking that off from our first couple of calls with them. Uh more mainly focused on the residential areas, high density areas. Uh but where we talk about public partnership or public private assistance is maybe the city uh depending on council direction uh wants to enter into a program or part cost participate to make sure the industrial park is built just as an example. Of course uh moving if the council does not move forward with Wilmer Connect and um wants to cons continue to pursue outside interest uh we're not um foreseeing any additional dollars to be spent on Wilmer Connect. um you know partnership uh unless the city council pursued a public private partnership to achieve universal uh coverage within the corporate city limits. Um touched on that earlier. Um, you know, one of the other items that we talked about with this, uh, organization, um, network construction could begin as early as 2026 and their estimated timeline to complete their what they would final what their final consideration for a citywide project is about 18 to 24 months after the initial construction date. Um, couple of things that the council should factor or be aware of is, um, what was indicated to us is that this is still pending their final market evaluation of Wilmer, um, and their engineering and construction of how this would be built and deployed into Wilmer. Um, from my perspective, uh, this is a

reputable company. Um, it's not open access. It's not what we've been pursuing. Um, but there this is an option I think the council could consider. Um, but uh, we really do want to continue to focus on Wilmer Connect as well. Uh but I absolutely want to make uh all the council aware of that um that outside interest and they did indicate as well um that if Wilmer Connect was to proceed, they would not be overbuilding or competing um with their own infrastructure build or be um participating in an open access model on the city's infrastructure either. Okay. So, there are two actions um two separate agenda items that the council would consider this evening. Uh the first would be to consider the acceptance and award of the phase one construction bids. That bid amount is $7,627,49963. That includes the base bid or that that is the bid for phase one construction of Bloomer Connect. The second action item, if the bids are accepted and awarded, uh is to introduce and call for public hearings on the bond ordinance series 2026 and on the proposed property tax abatements for the purposes of issuing tax abatement bonds. Uh both of which are detailed in the resolution of the next agenda item. Well, you're will you'll note that the bond amount and the bid amount are two different numbers. The bid amount is just over 7.6 6 million and the bond amount that is being requested is 9.2 million. Included in the uh which is in included in that uh bond amount is the phase one bid, the construction estimate of the network operations center, project management and additional uh some additional project contingency.

Uh the city can uh think of this similar to how the council sets its property tax levy in September of the year. There's a high mark and you can lower that amount up until when the con council would consider that public hearing. uh similar to how we issued our uh street bonds um in previous years using round numbers. Uh roughly 8 million I believe director Odin's seven seven million was the issued um uh was the set hearing when we set the public hearing and we the city sold or issued those final bonds for a little over 4 million. So it was set high and um settled low. I'm not suggesting that uh we're looking at cutting our bond amount in half, but I'm just trying to illustrate that that dollar amount could come down some um before final award would be uh during the public hearing of that which is would uh that's information is in the next agenda item with a distribution and scheduling of those important dates. Finally, uh project outcome options. Again, the standalone project for phase 1. We're looking at a 2.8% impact by 2029 to property taxes. And that equates approximately to a a $200,000 house residential valuation in Wilmer is about $4.72 a month or just under $57 a year. Uh project shortfall, as I had stated, is just shy of 3.6 million over 16 years. and the council could have the option to utilize the community investment fund to either reduce or eliminate projected property tax impacts. Uh, alternatively, the council can decline to accept and award the bids um and seek commitments from other private providers uh for a fiber to the home deployment in Wilmer. Uh, additionally,

if the Wilmer Connect is approved uh by the council this evening, it is strongly recommended to proceed with phase 2 uh network architecture and civil engineering uh as phase 2 positively impacts the project performing the data that we've collected to date. So, combining phase one and phase two, we looked at kind of kind of a bleak situation when phase one is on a standalone project. You know, it doesn't really work. um short term, we want to make sure that we're adding as many uh end users and many as many uh options and connections that as we can as uh as quickly as we can and that is uh seen as soon as phase 2 is activated uh throughout those next couple of years. So even though our peak property tax impact uh it does come down, but it's still about two roughly 2.3% by year 2030 now. So, it does push it out a year, but it's uh those bond costs were pushed out a year as well. Um, and our project shortfall reduces from 3.6 million to roughly 670,000 uh by year 2031. So, instead of a 16-year look or 16-year uh outlook, we're looking more of like a 5 to sixyear outlook before cash uh positive cash flow would be coming in. uh and that can be attributed to uh total project balances through phase one and phase two coming online uh which would be offsetting that uh project shortfall um uh significantly. Um Mr. Mayor, members of the council, uh moving back to the packet and the specific action item before you, uh the first one will be the award of bids. uh for council's consideration is to accept and award the bid for Wilmer Connect phase 1 in the amount of 7,627,49963 to NC3 LLC.

That information uh bids were received on December 2nd. The the city received 10 bids on phase 1. The bids ranged from 7 just over 7.3 million to 17.6 million. The final engineers estimate for the project was $8,34,859. Uh you may recall when we asked to go out for bids, our estimate at the time was uh 7.8 million approximately. NC3 LLC is from Clearbrook, Minnesota. Uh they have submitted a valid bid. uh staff like I had mentioned before including Bolton the mink and hometown fiber have concluded that NC3 LLC has established responsibility qualifications and the financial ability to complete the job. Uh Mr. Mayor I will pause there if there are any questions.

Any questions or motion? See you. You Mr. Mayor, uh, Director Box, is there any limit to the value or the size of a project that we can do as a council under the statute that we're using to pass potentially pass this?

Yes, thank you, Council Member Gardner. Um, um, excuse me. Yes, there is. Uh when it comes to general obligation tax abatement bonds, uh the city is capped at 10% of the um tax capacity that the city would hold. So roughly 21 million in tax capacity is where we're at for 2026. Uh just shy of 21 million, I believe. Uh so what that means is that our debt or obligation payments cannot exceed $2.1 million in one year. phase one um phase one uh with the $9.2 million being used for the um est or for the uh projection right now for that bond obligation is roughly 713,000 a year uh for the next 20 years that the city would be issuing. um where this comes into play uh as well and I know we've talked about this uh throughout the life of the project uh but absolutely worth um talking about again is uh the a real world example that the council would be uh considering by using this bonding um structure as this how this would be the same way the council would issue bonds for the example of a new or rehabbed or uh reinvisioned community center. Uh this would be the same t bonding authority that the council would use early on in the project. Um we had run some models on what a total $25 million project fiber project would look like and I believe it was a $10 million community center um just to see where we could fit um total dollar amounts in. And those those dollar amounts do the city would have the uh authority or the flexibility to do both of those project but I'm not saying the city would at those dollar amounts but there

is capacity for those two um probably most projects at the forefront of the council table. There is capacity within that structure. So just I so I understand you if we if this passes and then a $9 million bond passes are we chewing up nearly 50% of our bond capacity for 2026 with this single project.

Uh yes I mean 2.1 would be where we're at for 2025. We expect the city to grow somewhat each year. So that authority would continue to or that uh limit would continue to rise. Um, you know, we don't anticipate spending $9.2 million a year. We're looking for project or program efficiencies and um, you know, there's not going to have to be a full buildout of a network operations center every year. There'll be smaller add-ons. Um but we would hope and aim for um I think we've projected phase two uh just to just to be realistic and conservative with our numbers at another $9 million project. And that is where the data that we're using now. Um I hope it doesn't come in that much, but we want to make sure that there's capacity and we're being realistic with ourselves um in those scenarios. So, uh, Council Member Gardner, yes, we would be taking up 713,000 roughly of our $2.1 million capacity.

Thank you for getting there. Yes, on that answer. Yes. Um, we have we have lots of things unfunded in our capital improvement program. We have lots of needs coming down the pike and I just don't think it's a good use of our money to risk it uh to chew up that much bonding capacity for a project that we don't know is going to succeed. Thank you. Anybody else? Rick, Mr. Mayor, so if everyone in phase one said they want to hook up to this new system, that 7.6 6 million cover it.

Uh, that's a good question, Council Member Fagley. In the bid documents, um, at the time it was released, we had built in, I believe, three built in the bid 300 connections as part of the 7.6 million. Uh, to date, we have uh, 377 signed up in phase one. Um, obviously we're always hopeful for 100% participation, but that might take us a little bit of time. Um, but each of those additional connections would be result in a change order. Um, however, it's tied to revenue, but uh, anything above 300 would be an additional cost. Um, potential additional cost over the 7.6 million.

So, how many hookups are there in phase one, do you think? 2,800 give or take. So if everyone wanted to sign up after we get 300 that means we have to charge 2100 people plus it's going on the tax role.

Yes. I think the council or uh that could make a decision on whether they'd want to charge or cost share or um continue to pay for those connections. Um each property is going to be a little different. I mean it's based on an actual unit price and that's how the bid was cons how the bid was designed. So we would know how much uh each of those connections would charge or each of those um drops would be um you know by distance too.

Yes. Um the way it's bid is in 100 foot quantities. Um, and that's is the unit price that we're uh using and judging um basing what those what those additional change orders could be. Um, I mean, we don't have any real world examples right now. Of course, we haven't built uh the started any of our construction, but what I'm getting at is the council would have the opportunity again to either pay for out of city funds uh network fund network funds or operations even though it's not cash flow um or cost share in the program of connecting people. Uh as soon as that connection is made, it's additional revenue that comes back into the network. So do do we have to uh sign up with go for one state for a separate project like this or I know the utilities is hooked up or pays the membership. Can we use theirs?

We already have over one. We do. Yes. Okay. Because we have utilities. Waste water. I know the utilities. So waste water does too then. Okay. What are we going to allocate for locating per year?

That's a uh council member Fagley, I do not have the answer to the the locate dollar amount. Uh you know, some of that a lot of that work would probably be asked of city staff uh to help out in that capacity. Uh otherwise uh it's uh using our contractor or uh potentially with Bolton in the mink or whoever else the city would want to help with that uh construction management portion. I know the utilities budget 150,000 a year for their locating and the hub. What are the utilities for that if it goes through? I'm sorry, Council Member Feel, can you repeat that? where you're putting the equipment at the old waste.

The knock uh the knock uh the network operation center is estimated between two and 300,000 for this first phase. What's the utility zone monthly? Is it water and sewer and heat or just heat and electricity? Yeah, there'll be absolute power. Um if it's okay with you mayors and uh mayor members of the council uh Kyle Morehead um president of hometown fiber u might be able to more accur accurately answer that question how the knock design is being proposed if

that's okay mayor councel um each ISP will bring in some equipment and there is a knock fee that's charged to them which is outside of the the lease fees to the drops to offset that the operating costs of the knock. So if they bring in more equipment, like say they want to do AI or something like that and there's heavy loads, it's more money that they would charge back. So it really goes down to use how how much equipment they're using and how much power they're drawing. The city still would provide the heat and electricity, wouldn't they? Yeah. So yeah, it's there. And then you charge it back to them. Correct. To offset. All right.

Yep. And then hometown they'll get 20,000 a month to manage. Uh I mean I yes approximately that amount. It varies by um structure of the network. How many users are signed up um but there is a agreement with the city that they that the city adopt or signed approved uh last summer I believe um on what that fee structure would look like with the management schedule. Okay. And then what was the hookup fee to the internet for the city? Is that 8,000 for the year or 8,000 a month?

Um the ISPs will pay for the hookups that they want. So they have to choose how much bandwidth they want to buy, right? Um, what we talked about earlier is if the city wanted to provide those transport fees to the ISPs as a a benefit of signing up, but just like the electricity, that's a either a pass through or they'll buy it direct. I think our part of it is what we're planning to do is connect the fiber from the knock to those carriers. Um, so but that's because we're already going past all those locations with the fiber anyway. So, we just added some strand count so that it would tie back to the network operating center so they could just buy the circuits.

Okay. Thank you. Yeah, Steve. And then Tom,

uh, Director Box, you mentioned unit prices. Uh, forgive me for not knowing this, but what is the unit price for a hookup that the contractors obligated to in the bid documents or in their bid proposal? Uh, Council Member Gardner. Um, we do have the spec sheet in the council packet, but it does not appear to have dollar amounts that go with it. uh just the quantities and this uh Dylan with Bolton and Mink. I don't know if you recall off the top of your head with um Yeah, I apologize Council Member Gardner. I don't have that unit price, but we can follow up if needed.

Okay,

Tom, Mr. bucks. We had Spectrum willing to put fiber in our industrial park. City turned it down. Now we have another outside interest in Wilmer to do this, but they want to do a little bit more marketing to make sure it's viable. Now, we have a company that's going on this at the right rate. They want more time to market to see if this is going to be profitable. They're just not jumping into it. This is where I have a problem with this whole thing. From day one, we need to get this done at the next meeting. Next meeting. We need to get done next meeting. 300 people is not going to pay $700 million plus the interest off of that. is going to fall back on taxpayers. And you've heard the citizens of Wilmer for the past six months saying, "We can't afford this. We can't afford tax increases. We can't afford tax increases." Why is the city pushing this forward when we don't have it 100% paid for by users when we Why aren't we waiting on this private company? see what they come up with before we decide, okay, let's move forward with this now. We don't have to rush into this today. We don't We're already a million dollars into this. We should, in hindsight, we should only be about 25 $35,000 into this and just paid for the marketing before we paid hometown to drop the plans both in a mink. Now we're into it for over a million dollars and the city is still pushing at a $30 million project that could fail.

I say we put the brakes on this. We let this outside private firm come in and see what they can do. See what their thoughts are if they want to bring the business to Wilmer. If they don't, then we have more time to try to get more people signed up and get this where it's not going to affect our senior citizens, our lowincome people, and other people in this community that do not want to see your taxes going up. Anybody else? Kyle.

Yeah. Thank you, Mayor. Um, just to respond, Council Member Roderfield, if I may. Um, every action that we've taken has been with council approval. Um, my job, our job as staff is to present the council with information uh to inform you on how um to make sure that the council is informed to make a decision. Um, you know, when we started out with this project, the goal was to be able to pay with um pay for this project with project revenues. As I um clearly had indicated, there is significant project financial shortfall when you look at phase ones by itself. When that that that does change or continue to change uh when you add phase two um and even when you add change phase three um we've been working on this project um kind of from the ground up, a new way to do things. um because there was a need. Uh the council at the time thought there was a need or a majority of the council thought it was worthwhile looking into this. Um as staff again, our my job our job is to provide you with the information. Um I think we're all from the staff side, we we'll be continue to be professional in everything that we do and um support the council in any decision that you make. Um, you know, I I think as as I talked about at the beginning of the meeting, um, we're looking for a decision one way or the other, um, on how we how the council would like staff to proceed with Wilmer Connect.

Well, I for one would like to see this outside company be able to pursue see if they want to come in. Wmer Wilmer just puts the brakes on this, let them go at it. they're a private company. We're we're government. This is a business. Uh anything else like this, I think the city should be taking not saying, "Let's try to bring this business to Wilmer versus Wilmer want to take business away. Let's let they're the professionals. They'll know if it's going to work or not. Let them take the risk and let's not let our retired citizens take the risk."

Any more discussion, questions? Otherwise, need a motion. Make the motion to approve resolution to accept and award the bid for Wilmer Connect phase 1 in the amount of 7,627,49963 to NC3 LLC. Got a motion. Do we have a second? Second. We got a second. Discussion.

Yes. In defense of our staff, they've been working on this for a couple of years. They've looked at everything. Um, I feel like it's not fair to to talk to them like that because they worked really hard on this and I appreciate all the work that you've done. Well, I totally agree. They've done a lot lot of work on this, but we have a company now that's interested in doing this. Why do you want to put our citizens at risk of $30 million when we can't even reduce uh hardly even reduce our budget right now? I don't know where we're going to come up with $30 million for this.

Anybody else? I'm going to call the question. Roll call. Council member Davis. I. Butterfield. No. Schultz. Hi. Osc. Hi. Nelson. Hi. Gilbertson. Hi. Gardner. No. And Faggerly. No. Five eyes, three nos. That motion passes. Next is uh call for a public hearing on the bond ordinance. Kyle.

Thank you, mayor. Thank you, councel. Um the subsequent action of awarding the bonds or excuse me awarding the bid for phase one um as we had discussed would be the issuance of general obligation tax abatement bonds which would be uh series 2026A. That public hearing um there was a typo in the initial uh or or initial packet. Uh, so that public hearing would take place Tuesday, February 17th, 2026 at 6:30 p.m. I believe it was previously stated. Um, oh, that's a different agenda item. I'm sorry. Um, the B so the bond obligation public hearing uh Tuesday, February 17th. Uh, in that there will be two public hearings. Those are detailed in the resolution for your consideration for the general obligation portion, the bond sale portion, it's creating creation of an ordinance and then the tax abatement uh for the properties uh that would be considered just in collective of how we would be funding the project. So there'll be two public hearings on February 17th.

Motion to call a public hearing for February 17th. Second. Got a motion and a second. Discussion. Roll call. Council member Butterfield. I should. Hi. O. Hi. Nelson. Hi. Gilbertson. Hi. Gardner. Hi. Baggerly. No. Davis. I. Seven eyes, one no. Motion carries. Thank you, Kyle, for your hard work on this. Thank you, mayor. Thank you, council.

Next, I'll call on Finance Director Tom Odin's uh with a policy update for investments.

Good evening, Mr. Mayor and members of the city council. Tom Odin, finance director for the city. Uh before you this evening is an update to the city's investment policy. The proposed changes are fairly limited in scope, but they're intended to align the policy more closely to the Minnesota statute 118A while maintaining our core principles and priorities of safety and liquidity. There there are three main primary updates I want to highlight. First, the probably the largest is in section 8.5. The policy expands authorized investments from not only general obligation bonds from the state of Minnesota, but to include state and local government securities throughout the United States, but also restricting those to meet specific credit quality requirements. This change brings the policy into alignment with state statute while maintaining conservative investment standards for the city. Second, in section 14.1, the policy uh the language would remove the market yield benchmark. Um establishing a specific rate of return target can be unattainable or often misleading given market changing conditions and the city's cash flow needs. Um the policy does continue to prioritize safety of principle and liquidity first and then the third objective being the rate of return. after those first two objectives are met. And finally, in section 16, uh removing language requiring an annual review by the finance committee, uh the policy will be continue continually reviewed by staff and periodically brought forward to the city council as updates are warranted. Um overall, these changes do not increase investment risk for the city, uh but they're intended to improve flexibility within statutory limits, and staff would recommend approval of the updated investment policy. Close to approve.

We got a motion. Second. And we got a second to approve. Discussion. Steve. Dr. Odens. Has there ever been a time where we were unable to attain the 4% rate of return mandated by the existing policy?

Yes. So, currently we we're not meeting that. fee. Um just for instance, uh the city made um purchases of some investments today and they were under that 4% number. A fed funds rate right now is 3.64. So adding a percent on that would be requiring us to reach 5.15. And um that would be um potentially asking the city to invest in higher risk than our objectives of the portfolio. So Tom,

uh, thank you, mayor. Uh, periodically by staff and brought forward to the city council for consideration and approval as updated, uh, updates are warranted. Uh, will this still be looked at at least annually? Yes. I guess can we add into this wording periodically by staff at least by annually or some uh other wording? uh cuz I think it should be looked at at least at a minimum uh once a year and brought to the council for even if there are no changes that are are needed. But uh it would be nice to at least have this looked upon uh on an annual basis if there are any changes that needed.

Yeah. And that that's a great um addition. Um the the staff does review it fairly often I would say um just to maintain our alignment with as state statutes change as well. Um and I think this might be a bigger picture of maybe our city's policies in general uh getting them all in a central document or database if you will. Um but that is something that the staff does routinely go over this policy. Anybody else? Roll call. Council member Butterfield. Hi. Schelers. Hi. O. Hi.

Nelson. Hi. Gilbertson. Hi. Gardner. Hi. Feel. Hi. And Davis. Hi. Eight eyes's zero nos. Motion carries. Thank you, Tom. Next, I'll call on operations director Kyle Box to introd introduction of an ordinance amending 7.03 04 and 05 of the charter.

Thank you, mayor. Um, tonight we're looking for uh the council to take action and in introduce uh the ordinance and set a public hearing for Tuesday, February 17th, 2026 at 6:30 p.m. Uh, this would be to amend the city charter section 7.03 C, 7.04 C, and 7.05 C to comply with Minnesota rules. uh specifically 8205.10 and 820520. Uh these specifically have to do with changes made at the legislature at the state level on how petitions are um election petitions are filed with the city. Um when you included in your packet is the current charter language as well as the ordinance uh that the charter commission reviewed or language that the charter commission reviewed and approved uh for council recommendation. I'll pause for any questions. Councel questions or a motion?

Motion to set the public hearing for Tuesday, February 17th at 6:30 for ordinance to amend the city charter for section 7.03 C, 7.04 C, and 7.05 C. Second. A motion and a second. Discussion. Roll call. Council member Schelers. Hi Osc. Hi Nelson. Hi Gilbertson. Hi Gardner. Hi Baggerly. Hi Davis. Hi. And Butterfield. I Eight eyes's zero nos. Motion carries. Next is a call for a motion to publish by summary. So move.

Second. Got a motion. Second. Discussion. Roll call. Council member O. I. Nelson, hi Gilbertson. Hi Gardner. Hi Baggerly. Hi Davis. Hi Rfield. Hi and hi. Eight eyes, zero nos. That motion carries. Thank you. Thank you councel. Call on city administrator Leslie Valiant in regards to a request for a work session.

Good evening council. Yes. Tonight we're asking that we have a joint work session with the planning commissioners and the city council to officially launch the zoning code update. Uh director Christopher Corbett will be giving a introduction to this um change and how this will be changing uh how our zoning code is uh formulated and um processed. So this meeting is the introduction then to the zoning code update process with the opportunity to meet with the planning commissioners and to learn about the framework expectations and the goals. I will stand for any questions. This would be February 12th, excuse me, at the fire hall at 3 p.m. in the afternoon.

Council motion to schedule the joint work session. Second. We got a motion and a second discussion. Rick, I'm having a new knee put in February 6, but hopefully I'll be there with my walker. Anybody else? Roll call. Council member OS. Hi. Nelson. I Gilbertson. Hi. Gardner. Hi, Baggerly. Hi, Davis. Hi, Butterfield. I and shoulders. Hi. Thank you. Eight eyes, zero nos.

Motion carries. Thank you, Leslie. Next is a motion to approve employee policies revised January 2026 a call on human resources director Alyssa Gamble.

Good evening, Mr. Mayor and Council. Um you guys have tonight um our revised personnel policy handbook as well as a revision to the exempt employees pay policy. Um I did provide you guys with a summary of those changes so I am not going to make you walk through them one by one tonight. The majority of the updates um are to bring us into compliance with different state statutes. I do want to highlight two um policy changes within this. Um the first is a change to our definition of full-time and part-time employees. Um we wanted to clean up that language so that we were consistent with how we defined that for different benefits eligibility. Um so we just set that uh full-time definition at 30 hours and above. Those would be the employees that would be eligible for insurance benefits. um vacation, paid holidays, that kind of thing. And part-time is anything below that. Um only eligible for earned sick and safe leave and paid family and medical leave per state statute. The other policy change that I want to highlight within this is a proposal to add a floating holiday. Um by state statute, there are 10 holidays um that we cannot alter. Um so we cannot change the existing list of holidays. Um all we can do is add one. So because this the current list of holidays per state statute is uh primarily Anglo-Christian holidays. Um there's not really flexibility in there to reflect the demographic of Wilmer. One of our goals over the next couple of years is to um put some effort into um our recruitment and hiring processes so

that our workforce better reflects the community that we're in. Um and by adding a flexible holiday policy uh that allows us to be more accommodating of the holidays that a more diverse workforce will want to celebrate. Um so I've added that into the policy for your consideration. I will take any questions that you have on the list of revisions you received. Council questions or motion. Steve, the question asker tonight, I guess. Uh, first, could you move your microphone down because you're very difficult here. Maybe tonight. Yep. Absolutely.

Thank you. Um, what is the state's definition of a full full-time employee? The state doesn't have a definition. Uh the Affordable Care Act requires us to offer health insurance benefits to anybody who regularly works 30 hours a week or more. Um so to be consistent just across the board, that is where we've set our definition. Previously, the definition was actually at 40 and then we had all this gray area about who between 0 and 39 qualified for different benefits. So we're just looking to make it really black and white. 30 and up is full-time benefits eligible. 29 and below is not

I read it right that somebody who's been here more than 15 years or more receives 200 hours of PTO and now we're proposing 11 paid holidays. That is correct. We are a very generous employer. Thank you. Any other questions? Any questions? Otherwise, motion. Move to approve. Second. Okay, we got a motion and a second. Any further discussion? Roll call. Council member Nelson. Hi, Gilbertson. Hi, Gardner. Hi,

Baggerly. Hi, Davis. Hi, Butterfield. Hi, Schultz. Hi, Venosk. I eight eyes, zero nos. That motion carries. Sarah is not here. Thanks, Mr. Mayor.

Uh, contin continuing with the public hearings here. Uh, this was, uh, discussed or mentioned in the open forum ear earlier this evening. Uh, this is a proposed amendment to the sanitary sewer ordinance that was considered and adopted earlier um, late last year, excuse me. uh within your packet, and I actually pulled it up here um just so we can all follow along, uh are the revisions that were discussed at a previous council meeting uh that were um suggested or recommended for amendments. So, beginning on page uh 207 of your packet, uh beginning in section 16-91, uh some clarification language uh added to uh paragraph 3. Um but really where we're focused um is uh paragraph B5 uh G was the language that was included in the original ordinance or the ordinance that was adopted. uh where if lateral the lateral was constructed with the defined material uh it was an automatic uh failure to the that inspection that has since been removed uh from the requirement of the ordinance. And there are further uh revisions uh just allowing greater flexibility for staff to work with a contractor, homeowners, whoever they need to uh work with when it comes to reinspection of replaced or repaired uh sewer laterals. And then um Mr. Mayor, council, I believe those are a summary of the suggested amendments to the ordinance. Uh so this would be a call for that public hearing. Uh again,

February 17th would be the public hearing date. Uh 6:30 p.m. So move. I got a motion. Second. I got a second discussion. Rick.

Thanks, Mr. Mayor. So, how does that affect the party that talked earlier? Um, Council Member Fagley, um, I believe, um, we've had some discussions on this and would like to just, uh, move forward with the ordinance as it's been introduced. Uh, even though we want to make sure that this is the direction that the council um, wishes to move in, uh, we can provide some flexibility to those inspections. um with the understanding this is how the ordinance will be moving for how the ordinance will be enacted moving forward. So we'll communicate closing is before February 1st, isn't it?

I believe. Yeah, I wrote that um information down and we'll connect with that property owner this week. Thank you. Any other questions,

Tom? I guess reading through this the changes, I don't um see that you've pulled the word cast iron from there, but it still doesn't resolve a pipe that's holding 99.99% of the water. Um, so within the ordinance, Council Member Gilbertson, there are still the inspection requirements and it has to it has to pass an inspection or visual inspection by staff. Um, we the issue that we appeared to be running into was the material that was used for the construction of that lateral was an automatic failure. Uh we still want staff to have the ability to inspect um those private laterals regardless of the material. Um but the direction that we received was to remove those um those existing materials from an automatic disqualification from the very beginning. So there are still tools that would be built into the ordinance that would um could pass or fail an inspection. Any other questions, discussion? Rick,

so what's going to happen on Fourth Street when that gets rebuilt? Because I'm sure 90% are cast iron there. You going to tell the property owners since the road is dug up, they should probably look into replacement? Uh, Council Member Fagerly, yes, we did talk about that as well uh during the amendments, drafting the amendments um for this. Um, you know, that's an option for the council to consider as when a reconstruction is done to require an inspection of every private lateral. Um, not to speak for the council, but we did not feel that was the direction the council wanted to go. So, we did not include that uh in any amendments uh for the ordinance. um it could be very costly for the property owners. Uh so no uh just because a street would be reconstructed and we see it's cast iron would not automatically trigger an inspection of that line. There could be other factors that could come into play um but not just because we're doing a street reconstruction. you inform the property owners in advance that they may have to check that out and if they're planning on selling in the next year or two.

Uh yes, we will continue to work on education um with realtors, with property owners, uh with um whoever we need to to make sure that they the uh property property owners in Wilmer are aware of the ordinance requirements. Good idea. Thank you, council member. Anybody else? Justin.

Um, thank you. Following up a little bit on Council Member Fagerly's questions, would it be cheaper for a homeowner to do a reconstruction of the lateral simultaneously when the street was being reconstructed since there'd ought to be work going on there? Um it could be uh generally I mean if the contractor would be already be there depends depending on what the contractor's skill would be I suppose. I know our city engineer might have a more general or or a public works director might have a um more specific answer. That's okay Jared. Absolutely.

Good evening, Mayor Council. Um, to get straight to the question, typically and and we've seen both cases with this. It depends on the willingness of the contractor to do that type of work. Generally, our city contracts exist within the public right ofway. Uh however, some contractors are willing uh to work with the property owner replace services because there's we replace up to the rightway. Their hole is open. Um they have the ability to to move forward into the house. Uh but our city contracts are only within the rightway and any work outside of the rightway is between the property owner and the contractor uh that they so choose could be ours. Um, so I know that's not a yes or no answer, but generally speaking, since their equipment is there, their the excavation is already in place. Um, typically is okay.

Um, in terms of the uh the service materials, every single service that is connected to as part of a reconstruction project is documented. So, we know exactly what that material is. Um we did on previous projects we've had um property owners proactively ask to be notified of those service materials. Um and we have done so and we will continue to document each service line material as it's connected to. I think I just echo the wisdom that council member Facerley had in it would be good to educate the public especially those residents of any kind of you know road work we're doing in the future at those open house meetings and in communication just to let them know that this would be a good opportunity for them to perhaps save some dollars. Jared, considering the age of that street, Fourth Street I'm talking about, would you say that a high percentage of them are going to be cast iron?

I would anticipate that we're going to run into cast iron, clay, and Orangeberg on that project. And I would anticipate that the majority will not be PVC. I think the one thing we got to remember is yes, it's a cost savings, but they're also getting a pretty heavy assessment for a street repair at the same time. So, I don't think there's a whole bunch of people that are going to sign up for a $15,000 extra just because it might not pass an inspection. Now, we need to be clear, we're not going to inspect these lines once we tear them up, right? So, I think we'll have very few taxpayers willing to sign up. Hey, you're going to assess me 25 grand? Let me throw another 10 on top of it for a sewer line repair.

Well, maybe, but let me just clarify something. We will inspect from the main to the property line. That's where the inspection ends. Nothing on the private side of the of the line. We'll simply document the material and uh it'll be available for all the residents to make their own choice. One more question. I received a letter in the mail and my mother-in-law daddy lives in the same street that I do that in the utility that says we don't know what your service line is made of.

Is that something that's going out to all residents or what was do we know the purpose of that correspondence? I know that may be outside your purview here a bit. So yes, um that is outside my purview. However, based on experience in other communities, it is a requirement of the Minnesota Department of Health that those letters be mailed um to all residents where their uh service material, and this is on the water side now, has nothing to do with the sewer. uh on on the water side where their service line material is unknown either on the private side or the public side. Um so yes, they been going out and it has generated a lot of questions in every community within the state. Do we still have lead in

bless you some of the services that I'm not going to answer for the utility but I believe that ant I'm not going to answer that I yes I haven't been told specifically by director Smith there are and they're aware of which one's there

well we're dealing with an older section of We're going to have I I foresee that we're going to have some difficulties and expense. Any other discussion? I'm going to call. Roll call. Council member Gilbertson. Hi. Gardner. Hi. Baggerly. Hi. Davis. Hi Butterfield. Hi. Shelders. Hi. Osc. Hi. And Nelson. Hi. Eight eyes. Zero nos.

Motion carries. Now we need a motion to publish by summary. So move. Second. Got a motion. Second. Discussion. Roll call. Council member Gardner. Hi. Baggerly. Hi. Davis. Hi. Butterfield. Hi. Shoulders. I O I Nelson. I and Gilbertson. Hi. Eight eyes, zero nos. Thank you, Mayor. Motion carries. Thank you. Council,

we talked about ice in different ways, but uh tonight we've got club license for intoxicating liquor. Renee. Thank you, Mr. Mayor. Council members, many of you are aware that the Glacial Ridge Curling Club has moved from the Civic Center properties to their own facility um located at the end of the town hall. And now we're now uh applying for a on sale wine and 32 intoxicating liquor license. I'm looking for approval for that license through the end of April and when it would be renewed.

Move to approve. Second. Motion and a second. Discussion. Roll call. Council member Baggerly. Hi. Davis. Hi. Butterfield. Hi. Childz. Hi. O. Hi. Nelson. Hi. Gilbertson. Hi. And Gardner. I zero nos. Motion carries. Announce. Announcements. Justin, I

just want to say uh thank you to Pablo for an excellent MLK day celebration yesterday out at Ridgewwater. It was inspiring, great speakers, fun to see some interaction intergenerationally as well. So, thank you to you and your team for putting that together. Well, um I'd also like to thank uh both uh our growth officer, Mr. Overgon and uh and our police chief uh for speaking and giving us an update. Um we're lucky to have both of you here in our our community and and representing our our city well. So, thank you. Anything else?

I'm just wondering if someone will get back to the Elks for the comments that were made tonight and whatever's going on there yet. Thank you. I have a motion to adjurnn. So be second. We're adjourned.