[Music] good evening and welcome to the maple plan city council meeting it is Monday June 24th at 7M and I'm calling the meeting to order please stand and join me in the Pledge of Allegiance I pledge to the flag of the United States of America and to the Republic for which it stands one nation under God indivisible with liy and justice for all [Music] I am looking for a motion to adopt tonight's agenda so moved moved by Francis second second By Buck any further discussion or questions hearing none all in favor signify by saying I I I oppose same sign okay motion carries five to zero um first item business tonight is visitors to be heard um before we do that I just want to um remind everyone about maple city council public comment um expectations and guidelines just to be respectful to keep it to 3 minutes or less and if it's something that you've already spoken on we ask that you not speak on it again and for full print there's back on the table but we'll just be respectful adults and all will go well we have three people um tonight for public comment um looks like um Lou if you want to come forward to the mic and please state your name and address and just remind that we will not be um giving answers tonight I understand it I have uh is given you a a letter that Recaps what I I've got here uh I'm representing my son who lives at 1755 Howard Avenue I live is this better yeah can you hear me yeah okay I live at 1666 Howard Avenue and I just moved in last September I love this city but we have a a water problem my son has a repeated water problem on my uh recap that I handed to you uh I identify the um the problems the history from the beginning when he first bought the house in 1998 and he had no problems then there was a remodel of the home there was no water problems they had children playing in the backyard no problems there was a problem in the Northeast basement uh with water and uh Chuck suland uh repaired it problem solved then they you put the street Improvement in and his water and the water began to flood into his yard slowly seeping and now it is just sponge and um there's the drain seems to come somewhat from Memorial Park to the playground to the ballpark to the school the whole area and um I have been informed that we aren't quite sure who owns the property John did put in um well his basement's flooded last year when we had a drought the Sun Pumps still ran and it it wasn't constant running but it was continual and so all through the summer um on on U the 1st of May he left a telephone voicemail with city engineer got no response on the 22nd he had a a letter to the city government employees and council members that there was a problem exist and he wanted to know if there was some way that we could have that discussion no response the rains came his basement flooded and he's not happy but he's got kids and they're ra they're trying to be responsive to what their needs are as well but the rain also flooded one of the the children's bedrooms me mother myff because I have lost time with children and grandchildren so I went to the city hall and met uh Jacob and he acknowledged that he had received the letters but does not know the legal ownership of the the playground property knows that the Memorial Park has a water problem and the anticipated rain Garden will hopefully solve that problem for Memorial Park so um the Cindy engineer he he um notified the city engineer who uh arrived at John's house uh the following Monday and he gathered information that he could present to the the council for what needed to be done John's expectation is that uh there'll be a pipe or something some sort of thing right to the the whatever collects the the water at the baseball field or the field or whatever I suggested that my thoughts were that the r rain Garden exists in Maple PL at all around um Haven Homes it's beautiful and indeed it there are rain Gardens throughout Minnesota and a rain Garden is nothing more than a GL glorified ditch and um but it it does filter water for our aquifers and we would like we would do a lot to having more rain Gardens in our community would solve a lot of our our rain runoff problems because it creates a ditch likee area where water collects and settles out it doesn't flood the whole sorry the whole area but we are anxious to hear what the recommendations of the city engineer is and I thank you for your time thank you for coming forward Lou and I will say I have been um your son and I have been playing phone T so we have been trying to get in contact and I do know there's been appointments with the engineer and there is a meeting currently scheduled with um Public School staff as well so we don't have any recommendations at this time because we don't have all the information all right um next public comment this evening is Judy so miss Southerland invite you forward please state your name address Judy southernland 4865 Main Street East Maple plane um I just have a comment about the last meeting and it's nothing against Collision Corners Chuck and I use them for all of our trucks we like the business but I don't understand how they missed the deadline getting papers in and you give them time and time again to get their act together and John you are adamant give them the time but they better not add anything to it they handed it in half an hour before the meeting so they've had two weeks if they went by what was on that I'm assuming it wasn't complete I'm hoping nothing got added and my comment is just I don't understand why the two weeks are given when they never followed the rule to begin with and I don't want to see him leave but we'd have to follow the rule you'd have to follow the rule and there they are given two more weeks when they came half an hour before to give you papers that's my only comment I just was really shocked sad but it is what it is thank you thank you Miss southernland for coming forward um one more person for public comment tonight uh Mr Andrew sanetti please come forward yeah my name is andreon Tanny um I'm from 7171 OHS Lane and heina I'm uh representative of CIA um needed to take the opportunity to uh as a representative of the pending sale to River Oaks um uh represent the organization uh and our displeasure of the op of the work with the city um our organization's disappointment in the management of the conditional use permit applications submitted on January 3rd after nearly six months the city has only been able to draft the denial letter which you guys have in your packet tonight uh to the cup request this comes with no recommendations from staff planning or councel and still has no conditions to be fulfilled in addition it also includes no acceptable number of emergency calls uh by uh fire uh and police departments um in addition uh it's called out on page five uh section 17 of the pre-drafted denial letter in your packet tonight uh that there are uh outstanding conditional use items that the applicant is still waiting for confirmation from the council and planning to be issued so it reads as though they've done nothing but they've been doing nothing but waiting for confirmation furthermore the position of call volume uh we believe to be misguided development is driven by demand and River Oaks is here because there is a demand for their services in this area if development was established by emergency service Staffing then the country itself would be on pause for its overall growth and development under these terms How can any care provider purchase our current property when given the opportunity to openly discuss these challenges with the applicant on May 22nd nobody in this room planning or Council uh wanted to collaborate with the River Oaks team representatives from River Oaks came ready with data in hand to seek solutions to the over a decade long Staffing shortage to the maple plan emergency response teams to collabora collaboratively address these concerns together River Oaks was allowed their three minutes at this Podium and all ideas to find Solutions were quickly abandoned and now we're here on the on the verge of a Crossroads we have a facility at 1520 wman and 5515 Bryant that need life back in them but a vote to deny the Cup toight today will not change the fact that the building is designed to house 60 plus people and that the residents 60 plus residents and the emergency services in Maple plane are still underst staffed the change to Assisted Living leaves only one use for this building and you are currently holding a denial resolution for an application that meets that very criteria so I leave you with that thank you thank you Mr [Music] s having no other visitors to be heard this evening um we will now welcome to the podium our guest speakers tonight representative Kristen Robbins with the leg legislative update good evening mayor and council members I appreciate you having me here tonight I just wanted to give you a brief update now that the legislature has adjourned for the year and um it was a bit chaotic at the end I'm sure you've all followed that and we the one of the things that you know is most important to our communities in the western separ was the bonding Bill and that did not get through so it is my uh hope that we will even though next year is a budget year not a bonding year I'm hoping we will still take up a bonding year next year as well and our thoughts and prayers are all we were talking in the audience with the city of Mano um they are facing a huge crisis with a dam down there and if there is U even more significant problems down there then we've heard talk of a special session so I don't know how that will impact other bonding projects but clearly a as a community as a state we're all very concerned about Mano and this is why you know just timely continuing bonding dollars in our communities really matters for upkeep um a couple good things we got done this year that I'm very thankful for and that I worked hard on were um getting the sro's back in schools and then also something we had worked on for six years was to get straw purchases declared a felony in State Statute so that um law enforcement has more Tools in that um situation uh a couple disappointing things were the Paid Family Leave bill that was passed last year um they did an Actuarial Study last fall and that was shown to be at the 7% that was taxed uh passed in the bill last year was shown to be inadequate the Actuarial study repres suggested 096 was needed to make the program solvent and this year the legislature increased the Tex to 88 % of payroll so our communities will um as the city um as school districts as employees employers everyone will have to pay that tax and my concern is that the 088 is still not adequate to create a solvent program so I'm hoping we can still continue to work on this when we go back next session um uh couple other things uh there was a some small changes in um education trying to help with the literacy program um a small program I got done a couple things specific to our district I got done was um uh it really affects uh residents on this side of the district where uh the DNR was charging $2,000 for people to cross the loose line and get a certificate of egress from the DNR and I mean when I heard about it from different residents like it's crazy right so um we were able able to get in statute that they are no longer allowed to charge that and so if you are or anyone watching was in that situation where you were sent a letter from the DNR that situation has resolved and you will not be charged for that you can still apply for the certificate of easement um I work closely with our fire chiefs in our district specifically they were kind of the leaders on this to get um the exemption from the Eric and safe time Bill for paid on call Firefighters that came up in a meeting we had last fall and um Maple plane fire was really a leader in bringing that to our attention and working with Dolly and others to make sure that we got that exemption it will really help City budgets and it will also help make sure they can meet their training requirements so I feel like that was a big win for us um a couple small things um I worked on was getting uh limits to uh cannabis advertising targeting kids or displaying alcohol and also for assisted living facilities there was some concern raised by constituents about when a correction order is issued that the family is not necessarily given the information of how that was resolved or even the resident themselves and so now we have our requirement and statute that once the correction order has been addressed the family and the resident must be given access to how it was addressed so um hopefully those things will help uh just small items that weren't some of the big ticket items but I think these are small wins for our community based on ideas constituents brought to me so does anyone have any questions any questions for representative Robins well thank you all for your time I'm working every day so even though we're not in session if there are issues for the city or for constituents please have you know please reach out I'm I'm here and I want to keep um doing whatever our communities need so thank you and thank you for your partnership and for your advocacy on behalf of all the cities in your District um next we'll hear from Wendy lunard W uh Wendy is our owner School Board representative and she's here to give us a school district update great thank you uh Madame mayor and council members um thank you for the opportunity to share some updates from the year um it was a very very busy year and uh just time for some quick highlights um we had um more students and teams going to state for uh Athletics then um in the history of the school which was really exciting we had an excellent year in our Fine Arts with um many students going on to National and international um competitions um and receiving Awards of Excellence we also had um drama as well the drama club sorry drama club not drama the drama club um and um our uh fall and spring performances with um soldout shows first time in history and our students going on to showcases um in Minneapolis um and receiving a lot of um um specialized Awards as well as um honorable mentions so it was a really exciting um year for students um we had um graduation was fantastic um many students with um I think it was about $84,000 in local scholarship um which is really exciting um and our students are doing really well um we also negotiated with all of our teachers all of our um um Paras and kitchen staff and everybody um successfully and we have a really good relationship with everyone at the school between the administration the staff and the school board so we feel really positive about that um a highlight of the year is um the strategic planning which I know I talked about in the fall um and mayor mosus and I were able to have some unique um perspectives into um the strategic planning it was very much a priority of the school board and staff to have Community input in this strategic planning this is an 18-month process that has been going on um it is now moving on to the implementation phase so through the 18 months over 1,000 community members touched the Strategic plan in some way and community members were given a variety of ways to interact with the strategic planning whether it be through um a survey uh students were surveyed staff parents community members um there were Community conversations held at each individual school as well as the Early Childhood Center um there were four recent grad focus groups um and then to take all that information a core planning team of 31 members that represented all the communities um that funnel into Orno schools um ranging from parents to past parents to community members who don't have kids in the school to staff to Schoolboard members um all of them were represented to provide feedback um revisions discussion to take all that information and put it into a working document um that is alive and well um so the school district will be communicating um with families throughout the summer and fall um and the News updated strategic strategic plan should be posted by the end of the summer I think they're just working on some formatting um right now um and I would say the final would be that there is construction a lot of construction happening all over the the state the the city um but also at the school not just the um roads from the county but at the buildings themselves a lot of updates that need to happen we have buildings that are over 25 years that need updated HVAC updated security um so all of that is going through our fac uh finance and Facilities committee has been very um diligent this year in rebuilding our fund balance that was stripped during covid and so um finding ways to be as conservative as we can we were able to increase our fund balance modestly this year um but the hope hope is that we will be paying off all of our debts before going out to the voters for any more um money in the near future and um we will um also continue to increase that fund balance and that concludes my report thank you for your time any questions any questions from Miss lindgard thank you too for being here and for the partnership between the cities and the school we appreciate it thank you very much all right all right next we'll move on to our consent agenda um before I ask for a motion to approve that I would like to remove letters a b c and d and table those till July so do we need a motion to do that yeah so I'm looking for a motion to pull letters a b c and d and table them until our July meeting I would make that motion but also include pulling e uh till July no no I want to pull that for later oh to discuss you can pull the other ones to July I'll pull E2 off the consent agenda okay so the amended motion would be um table a through D and poll e for discussion okay so we have a motion I'll second that so motion by council member Duca second by council member Francis any further discussion all in favor signify by saying I I I oppose same sign so since we pulled letter e council member to Luca we will start with that one um on page 12 are we approving the consent agenda then that would just be f y or how do you yep what would you like first discussion on E we'll do e yeah we're going um I pulled that one to have a discussion about results Contracting I can't tell from the the permit what they are pedaling and I cannot tell what if they've paid their fee I think before I make a decision about letting somebody pedal in the city I'd like to know what it is they're pedaling okay I'm going to turn that over to staff administrative colander thank you Madame mayor council member delca um that's a very good point um there are some uh empty spots um in reviewing some of these uh solicitor permits we've found that there are some changes that we need to tweak on these forms um but I can can tell you this is a roofing company uh they want to come in and go to Door see if people need roofing repairs um as far as the fees uh typically we would collect a $50 background check fee up front and then the $100 licensing fee after approval um I failed to get the $50 background check fee from him so I'll get that when they come back to pay for the licensing fee if we do the approval for it um okay but we did the background check correct so I out of order next time I won't do that but is there a period certain on this I mean it just the dates of Sol solicitation are foreseeable future correct and I will talk with them about that so uh and that's one of the things I want to add to this form so our city code says that a uh pedler solicitors permit is good for 10 days unless extended by the city council um it is only good Monday through Saturday from 9:00 a.m. to 8:00 p.m. no Sundays at all that's obviously not reflected on this form as well so it would be something I have to go back to them and and discuss with them as well would it be more appropriate to perhaps go get all that information and bring this permit back to us when it is done and correct and I I too John saw foreseeable future seems like a little bit of an undefined period knowing what theod Cod said as a roofing inciting contractor though if this Waits until July's meeting they've lost more than half of the summer and if sorry no I just want to say the was kind of hurting them I mean if you look on page the end of the application it does say have you read and do you understand chapter 4 Article 13 of maple plan city code so it has what administrator cander has already talked about and they're agreeing that they've read it so they should know all of these things although I do agree I think it would also be good to reiterate it clearly in the application as well so nothing should be as a surprise because they're saying that they read it and they know any further discussion discussion on solicitor's permit for results Contracting okay so looking for um Direction with that well I'll make the motion to approve approve it as long as they are aware of the we will make them aware and then they pay their fees yeah I'll make that motion okay so there's a motion by council member Fay to approve um and to make sure that they are aware of their fees and the guidelines I'll second that motion second by council member V any further discussion or questions hearing none all in favor of approving as is I I oppose same sign I okay motion carries 4 to one next item of business this evening the only item left on our consent agenda is Sol solicitors permit Frost Factory so with that I'm looking for a motion to approve the consent agenda I'll make that motion motion by Francis I'll second that motion second by bureck any further discussion or question questions hearing none all in favor signify by saying I oppose same sign motion carries 5 to zero next item of business this evening is number eight accounts payable and I will turn that over to staff page 18 in our packets thank you Madame mayor members of the council our uh bills for the month of June our uh AP badge comes to $253,000 1896.jpg 5939 um I did have a few questions um that were asked so I'll go over them uh with you guys real quick there was a question on the Adams Pest Control bills there's two of them um they're two different months um that we're doing in uh June um one of them was May um the Health Partners uh under the a batch um the 1563 I believe it was is the normal payment there's another um larger payment that includes um uh the addition of uh Kevin um into the insurance covered the uh the additional coverages that were not previously build in April or May um so those will even out so we'll just see the 1,575 um 63 going forward excuse me um the other one that was on there for the Elon Financial Services um it was listed that um there was uh $30 and 4124 that was listed for mayor's breakfast in the comments um that was commment are actually incorrect it was for the city cleanup um so just clarifying on that and I think that was all the questions I received okay any questions for staff regarding accounts payable that were not answered I saw a duplicate in the Gertens there seemed to be steel Moto mix that was there and then another one about five lines down was that a multiple purpose or a double entry what page are you on CC member 24 um those would be uh different dates so same product just different dates that that was purchased for the um okay um chainsaw any other questions for staff regarding accounts payable all right then we are looking for two motions uh one to um approve the city check batch for approving the city check back signify by saying I I I I oppose same sign motion carries 5 to zero and next I'm looking for a motion to approve the um fire check batch um $3,159 39 Oh cents excuse me administrator colander has something sorry madam May that's the city AC batch so it includes all the fire stuff as well sorry let me rephrase that I am looking for a motion to approve this City AC check badge for $3,159 39 I'll make that Mo motion by council member Fay I'll second that second by council member bu um any further discussion or questions hearing none all in favor signify by saying I I I oppose same sign motion carries 5 to zero all right next item of business before us this evening is Staff reports those have all been submitted in writing if anyone does have any questions um we have Administration planning and legal here tonight anyone need any questions anything they want to share okay with that I'm looking for a motion to receive all staff reports as submitted letters a through F so moved move by council member to Luca second uh John second by bureck any further discussion or questions hearing none signify by saying I I I oppose same sign motion carries 5 to zero um next we'll move on to new business and I am looking for a motion to table letter a uh resolution 24-6 24-1 to transfer of funds looking for a resolution to table that until July I'll make that motion motion by council member Fay you want what yeah um oh go ahead Madam mayor members of the council I asked uh that we table this item um having some conversations with uh John and and figuring out some of the donation stuff there was a couple that um that I did not have included in here and I want to find where they're at in the accounting system so I can get an accurate number when we make this first uh transfer um so I'll bring I'll find that and bring it back to the July meeting so it's accurate and then we're doing it once yeah so sorry good idea to explain all right um we need to vote on that got a motion in a second right need a second oh we need a second I I did the first oh okay second B first Francis second any further discussion or questions hearing none all in favor um signify by saying I I I oppose same sign okay motion carries 5 to zer that will come back in July um next is to look at resolution 24-6 24-2 uh the creation of the city of Maple plane rebranding committee and before we um turn this over to staff um just want to talk about it has been acknowledged ahead of time that the committee assignments in the packet was an old one so we're just looking at the rebranding committee not the list that is in the packet working from just that clarification before I um turn it over to staff so all right Mr LaRon um the city staff is looking for the approval of the resolution to amend the uh Council appointments to include uh a res uh to include a a committee um for rebranding uh specifically with the objectives to design the city logo uh that brings out the identity of the city design consistent standards for signage and imagery used throughout the city and also choose a platform to redesign the city website so with that um we are looking for a motion for resolution 24-6 2402 to amend the city committee assignments to includ include adding um council member Francis and myself South mayor MOS kusy and to the formation of the new Committee of the rebranding um committee I would only ask the question how did it become you and Connie um that was decided at a workshop and then discussion must have missed that one I'll make that motion I guess I'll second that motion since I don't think you two are going to want to make a motion for yourself right so the motion was by council member Buck the second was by council member Fay any further discussion or questions hearing none all in favor signify by saying I I I oppose same sign motion carries 5 to zero okay next we will move on to item C resolution 24-6 24-3 the cup application um denial for River Oaks and I will turn that over to our planner Mr Fus thank you honorable mayor C this items coming back before you after being considered at previous meetings of both the Planning Commission and city council and then following a special city council meeting that was held in May to further discuss the item the applicant um had applied for a conditional use permit and site plan review to allow the ReUse of the existing building located at 1520 Wyman Avenue for assisted care Assisted Living um on that property and within the existing building the property itself is zoned R1 single family residential it's Guided by the city's comprehensive plan as low density residential there's two Parcels that are included with that property one is uh 2.53 Acres that's the North Parcel and the um other is the South parcel it's 0.99 Acres the city has um considered this application in um prior to consideration of tonight's or and tonight's meeting the city had considered an Amendment to the uh zoning ordinance that would clarify and actually then make uh a conditional use assisted living within the R1 zoning District prior to the adoption of that Amendment um there was some uh clarification really needed in in the ordinance to determine whether or not that particular use and really the modern portion of that particular use would be permitted within um the R1 zoning District so the amendment that was approved by the city recently made that a possibility by allowing assisted living facilities as a conditional use that then allowed the city to therefore consider the subsequent application that the applicant had made for a conditional use permit all conditional use permits also require site plan review um for the city so with that the city um discussed the uh possibility of approving a conditional use permit and then the site plan review for the ReUse of that existing facility and just to recap quickly um I know we've talked about it the uh applicant is proposing that the facility be uh essentially interior uh renovated with in on the inside primarily to accommodate up to 61 Assisted Living uh beds in that building uh previous um use of that building uh uh was a little bit different they it was used for assisted in independent care um and had 69 uh total beds um in the building historically and just a note it's approximately a 45,000 square foot on story building with that um the city made uh made assisted living a conditional use now in the R1 zoning district and the city adopted so uh several criteria that are specific to assisted living but on top of those criteria the city also has the standards for consideration of granting a conditional use permit which are spelled out in the ordinance and so in order for the city to uh make a positive finding you'd have to make a finding that not only the criteria specific to Assisted Living are being um adequately Satisfied by the applicant but you'd also have to make the finding that the criteria or the um considerations for granting a conditional use in general are being Satisfied by by the applicant the city held a special meeting in May to talk about some of the concerns raised by public safety and the ability of the city to serve that facility with uh Public Safety and it was um discussed that the uh applicant operates similar facilities or what they um categorized as similar facilities to that which was being proposed in this building and so staff um specifically West hennipin Public Safety and maple plane fire along with Administration and myself had reached out to some of the other cities and then some of the other emergency service departments that provided services to those uh um facilities that were deemed to be similar and that was the um majority of the conversation that was held at the special meeting and it really res uh revolved around the notion that the city does not have adequate uh fac adequate Emergency Services which really leads into adequate facilities to be able to to mitigate the demand that would be placed on the city by the proposed use of this building what was also noted in that um and it's it's noted in the the language of the resolution is that the applicant and their proposed use of that building is substantially different than what would be considered the normal or what we've experienced in the City and surrounding cities as normal uh uh kind of volumes and Emergency Services um needed to support the the type of facility and assisted living facility they they have a model and they have a um they they run a different type of assisted living and it was um as you saw by the Numbers substantially different than what had historically been in that facility and or what would be considered um to be within kind of the standard of practice of that definition Assisted Living um so with that said the city council at that special meeting had directed staff to prepare a resolution uh the City attorney and I worked on that resolution um and provided that in the packet um as was noted by the applicant early tonight the Planning Commission did not make a recommendation relating to the ordinance Amendment therefore couldn't make a recommendation on the subsequent conditional use or site plan review application but the city council has considered on multiple CA uh multiple occasions and has the um ability to act on the resolution we also included just a um um or we we included the um denial resolution as as directed by staff or by Council happy to go into as much detail again on this um as there's obviously there's more that we've talked about at previous meetings but uh with that I'll just yield for questions any questions for our planner or staff okay right uh then with that we um have a resolution before us resolution 24-6 24-3 the cup application denial for River Oaks and looking for a motion how do you want to rephrase that make a motion to deny the application motion to approve the resolution deny approve the resolution to deny the application motion thank you for that correction okay so there's a motion looking for a second I'll second that second by council member deuca um does this need to be rule call any further discussion or questions is this the one that needs to be rule call administrator cander so I'll turn the meeting over to you at this time thank you madam mayor a motion Mo by John Fay seconded by Mike DeLuca calling for a roll call vote Andrew barck n or for the resolution sorry to approve to approve the resolution yes mayor moski I and Connie Francis I passes 5 to zero um all right next item of new business this evening is letter D this is the iup application for Collision corner and I will turn this back over to our planner as well great thank you honorable mayor council this item's also been considered by the city council at a previous meeting I was uh directed to come back to the June 24th meeting uh for further consideration uh the property 560 US Highway 12 um has um made application for an interim use permit similar conditional use permits all interim use permits are accompanied by site plan review um the particular property in question is zone mix use Gateway it's Guided by the city's comprehensive plan is mixed use it's approximately 0.9 acres in overall size as Council knows the applicant um and the city entered into a settlement stipulation agreement which provided details and more uh delineation relating to the uh proposed use of the property and then the interim use of the proper property um so the the consideration for an inter imuse permit uh along with that the settlement agreement uh provided details relating to the site plan uh particularly uh parking of vehicles storage of vehicles and then requisite striping and Landscaping of the site um in accordance with that agreement so at the last meeting it was noted that the city had um not received a plan in accordance with the terms of the stipulation agreement the city um asked the applicant to provide a plan and gave until tonight's meeting to have that um completed following the meeting staff did discuss the site plan with the applicant as well as with the applicant engineer and we um looked at several then um iterations to try to meet the terms exactly of the settlement stipulation agreement and uh plan was um completed by the applicant reviewed by staff it was noted tonight by one council member that there's a question on whether or not the there's one space on Boundary Avenue that meets the definition of angled or as stipulated in the agreement angled outside of that it appears that all other aspects of the settlement agreement as it relates to the site plan were satisfied by the plan that's included in the P packet and that includes the parking spaces and the Landscaping um that's shown on the plan with that um the city did provide a resolution um that would be approving the interim use permit and also a resolution uh denying the the interim use permit as no Direction was provided at the last meeting related to either of those specifically so with that I'd be happy to answer any questions regarding um any of the information provided either historically or updated Mark you're you're you're comfortable with the application at this point and I see the approval has a July 1st which is a week from today is it realistic to think that the applicant can meet that July 1 date uh I I don't want to speak for the applicant uh council member um so I I would leave that up to the council I mean that date is really a date that the council gets to decide if it's reasonable July 1st obviously it's a holiday week and it's um it's uh a week away um whether or not that could be satisfied the previous date that Council had directed staff to move up was from the August date and that was kind of you know discussion based on missing the previous deadlines and so it was a tighter time frame if Council if Council wanted to give them a reasonable amount of time that that's up to council you could certainly do that you could change that July 1 date but if we look back what was the original date well yeah there's the this is this has been far more than a week's notice Mark could you clarify a couple things for the record the landscape plan is in compliance with with the agreement that we had in court yes uh council member ex exactly what was um stipulated in the okay agreement and I have the question about the parking on Boundary the agreement says that all parking will be diagonal parking Jacob if you could go to the page that has the newest site plan and there's several versions that's it and blow that up and I'm referring down to the bottom right hand corner in front yeah there you go thank you is that space that's over on the right hand side part of the the one just up from that clearly that is not whoops and that space is that part of the boundary parking or part of the front you we looked at it they tried to um you know obviously get to 14 spaces because that was the max they could get to if they could fit them we looked at the dimensions I worked with their engineer they don't have um the space there to get a um to get multiple spaces and so given that they they could turn that they could angle that within that space and it would be angled we didn't specify the angle right and I had gone back and forth with the applicant on what what was the angle proposed of these spaces the city has angled spaces that go anywhere from a 45 to a 60 to a 30 I mean those are all kind of standards of practice within the angled parking spaces in lie of that we said why not make that just a singular parallel space and not try to do a what would be considered well probably not the same angle as the other spaces and mayor Julie and I spent days in court going over that and the clear intent of that was to have up to 14 diagonal spots that's not a diagonal spot nor could you consider that part of the front because the front only has five or the the correct that's spots the front seems to be drawn in compliance with the court agreement would you agree yeah there's five spots that meet the dimensional standards of the city's or I'm not comfortable with that non-diagonal spot because the thing clearly said diagonal now if you'd shift over to the the sales parking area which is just a little bit over and up in that particular area there are 10 spots are those dimensionally enough on the current asphalt that he has over there to meet the codes that we have in the city the spaces are yes okay the the the drive aisle is not but that was not what was intended so no yeah so then from a clarification standpoint the back has the correct number of spots correct there is the six spots in the the center and I can do these from memory because I spent so much time in the courtroom talking about it um what is left to be accomplished then before the deadline which he had originally had in January would be the Landscaping which he had all spring to do and the striping of the facility correct yes okay just want to make sure I understand correctly with that thought to keep the discussion going mayor I would move that we approve the site plan and the conditional use or the interim use permit for Collision corner with the one change that that non paral that non diagonal spot is eliminated from the site plan then everything will be in compliance with the court findings and and what we told the judge would happen is that a motion Council all right so there's a motion on the table from council member DeLuca for granting the application for the iup for resolution 24-6 24-4a with contingent upon the site the diagonal parking spot being moved the