good evening and welcome to the maple plan city council special meeting public hearing it is 7 o'cl on September 23rd and I'm calling the meeting to order uh looking for a motion to approve the agenda so moved moved by Francis second second by DeLuca any further discussion or questions hearing none all in favor signify by saying I I I post same sign right the agenda is approved 5 to Z all right I'm going to turn it over to administrator colander to give us a synopsis please before we open the public hearing thank you madam mayor members of the council uh we are here today to discuss the interim use permit for Collision Corner uh despite multiple um notices and conversations uh with uh Kurt croll and Elizabeth croll they still are not in compliance with the approved site plan and iup so that's why we are holding this public hearing for re ining the iup um thank you Mr cander do you have um just a brief timeline of when the letters were sent and how much I do and I know there was a follow-up letter sent as well I guess if we don't have the exact dates but there's been multiple points of contact correct there was contact July 10th July 24th August 9th and August 23rd and September uh 6 I sent the final notice along with the public hearing notice okay so five formal correct Contacts Plus other verbal all right thank you um at this time I'm looking for a motion to open the public hearing I'll make that motion motion by council member Fay I'll second that motion second by council member Buck any further discussion all in favor of opening the public hearing please signify by saying I I I oppose same sign motion carries 5 to zero the public hearing is open at 7:01 just a reminder um for anyone coming before the council tonight to speak that we ask that you speak um in respectful Manner and know that we are not able to interact but we will happily listen and then if um need to um refer on to staff to follow up and to limit comments to three minutes or less um is there anyone here tonight to speak for the public hearing okay please come forward to the podium and state your name and address you have the timer Kevin thank you hi my name is Lynette ectal and I'm a resident of maple plane and um I just have some concerns I know that there was a settlement agreement and I know that there's been issues with everything being done but as I started researching it because this last letter that was sent out on um that was sent out in September um it just raised a lot of concerns for me and I have questions for you the July 10th um and I printed these letters and I reviewed them it said that the Landscaping in the back of the building was not striped and also that the handicap there's an issue with the handicap and then um the next letter that you sent you show that you had was on August 9th you said that there has been Improvement but now there's a Southeast Corner that isn't in um compliance with the Boundary Avenue or some issue that it's not for compact cars and um what was interesting about this letter on August 9th it was acknowledged that it was a wet spring and summer but he was still not in compliance but um they said you're not expected to have any rain until August 14th well August 9th was a Friday and um August 14th was a Wednesday and I know that this has been that he was supposed to be working on it and stuff but I thought that was a little short line especially since you mentioned in this letter that it's been a challenge for him to get this done because it was a wet spring in summer and so you wanted it done by um August 14th we had our driveway done and I know that it all depended on the weather and the ground and that before they could even black top our driveway and then um your next letter you sent out was August 23rd and it was again saying that I think there had been improvements and stuff but um the stripes um still had not met the city code and um they said it impacted the travel with the Boundary Avenue I'm not sure how that would impact it because it's on the corner and then in front of the building there's parking spaces so I'm not sure um having a compact car there how that would affect that the um traffic on Boundary Avenue but the other thing that I thought was interesting is that in this letter it said the city code does not provide for or allow compact or reduced Dimension parking spaces any such compact or reduced Dimension parking spaces would require city council approval of a variance or zoning text am Amendment and I looked it up and I thought um had did you consider that would you consider that with him because of the his business and the need for parking spaces along the building um or was this just a shut down Co thing that you as a councel would not even consider um because it said it does not provide but you could allow a variance and you could allow um a zoning text Amendment so that is one of my questions with you if you ever considered that um and we're willing to do that I guess it's the main thing then um then Here Comes December um September 6th letter and um this is what really made me decide to come and really speak out as a resident here in Maple plane um besides being a friend of Kurt he did not ask me to come and in fact he's not here so he probably doesn't even know that um that I'm speaking for him but um he still hasn't removed the stripes and um those parking spaces in the back um still have not been done but what concerned me the most was that if you remove that cup that revok it that you're saying to him you can still have your whole business inside your building even his automobile sales which he his um place isn't even a showcase for automobiles that he can sell and so I'm just wondering to me it kind of seemed like it was unreasonable and um he has black topped it his place looks great right now and um I feel that those automobiles on the side it's his business Kurt um I can't say enough about him and he's grandfathered in he's established himself he is trustworthy if there's anybody that we need help or calling or be here he is the first one that we can contact I don't know if any of you have worked with Kurt at all but he is fantastic he's to me he's like a policeman or a fireman he's always on call no matter what time of day or night we were coming home the other night we saw a truck that was coming in and that was like at maybe 8:30 at night and um he's always willing to help us and our we need him and I don't want him so discouraged in that but um he's just so precise in everything that he does and he's fantastic and I I know there's been issues but I am asking that there lenience but the most important question I have for you tonight is do these same requirements apply to all other City businesses and City properties that is a big question because when I drive through Maple plane I hate to even mention places because I think all of us our economy is low everyone is trying to make the best of your business we do not want to destroy them or discourage them or make them decide forget it but if you look at um Kurt has to have his cars parked in his far as I understand between the stripes you go look at the car place um on the outside of maple plane they are Stripes there but all the cars are not in those stripes and it goes all the way around I do not see a handicap I do not see Stripes parking at kmh I think it is and their equipment is on the grass and I even I mean I don't even want you to think that you're going to make him have to blacktop and do all this that you've made Kurt do but I am very concerned about why is Kurt had so many requirements applied to if you're not going to do to the other city city businesses and City properties and I don't know if you've talked about it and um have decisions made or if the concentration has only been on Kurt and Kurt is a fantastic Guy cannot tell you enough of what he's done for our community here and um I when we black top our driveway it was $144,000 I can't imagine what it's cost the black top looks great and it has improved this property but do the back parking lot I know that was part of the settlement or in that fenced area but it's fenced in he's put a fence in um I'm not really sure in that settlement why they agreed to that but um it's a terrible expense they have to do that and what is the purpose to have it really done thank you mrl MH and so my question could I just ask one I think when I asked this question about the requirements that apply to All City businesses and City properties do I receive an answer from you you will receive an answer from staff we will okay all right thank you thank you is there anyone else to speak for a public comment that was the only form I had completed okay please come forward to the podium state your name and address and then you'll have three minutes I'm Dean Mooney live in the city of Independence next door 6 6165 County Road 6 uh I'm not going to I would just second many of the comments you heard from uh lyette ECT doall I think you need to be a little cautious about over regulating and making Maple plane a hostile environment for business uh right now the you we have a tough time buying a quart of milk in Maple plane it's gone over to Madina that is become the business center of the of the community and I think Maple plane traditionally is has been a center of Commerce and when you get to over regulating the businesses we have uh all you're going to do is raise the cost of doing business in town for a uh a business and an Enterprise that's really served the community in so many ways and I think you need to be careful about over regulating to the point where you either Drive somebody out of town or you drive the costs up for him doing business that it makes it uh virtually impossible for him to uh provide the service he provides the community at a reasonable cost which is what he does right now thank you thank you Mr money is there anyone else to speak tonight for public comment for the hearing please come forward and state your name and address and then you we have three minutes as well my name is Deborah Reed and I do not live in Maple plane but I do work at Collision Corner um I actually live in Independence which is not as strict as Maple plane seems to be anyways um I heard Jacob say that Mr croll is still out of compliance I beg to differ uh the stripes have been taken away from the southeast corner and the striping in the fenced area is completed I'm not sure what else you guys need to do but he is in compliance and I do look at so many businesses here in Maple plane and I'm I'm looking at places that are enclosed and none of them have striping so why did you guys pick Kurt to have to have striping on his don't understand that that's all thank you very much anyone else to speak tonight for the public hearing anyone else to speak for the public hearing looking for a motion to close the public hearing so moved moved by Francis oh second second by ver all in favor of closing the public hearing signify by saying I hi post same sign the public hearing is closed at 7:13 I'll turn it back over to staff do you want to follow up now or you'll follow up later with do you want to follow up with the questions that were asked now or do you want to follow up individually this week with I will follow up individually that's right thank you yes um just want to give you an opportunity as far as the iup revocation for Collision corner I do ask that the council table this um for another meeting at a later date so we can gather some more information we can hardly hear him mayor yesca given the discussions that we've had tonight I would move to table the discussion about revocation of the iup to the next uh meeting in October I think it would give us a chance as Council to reflect on some of the statements that were made tonight I'd also like to see staff outline what a potential revocation of the iup would mean so that everybody would be clear I don't want to make a decision till I know what that decision would impact the current business what would be allowed what wouldn't be allowed how would things have to change if we revoke the iup so I don't think there's enough data therefore I move that we table this until the next meeting okay a motion has been moved to table until the next meeting I'll second that it has been second by council member Fay is there any further discussion or questions so to clarify um when you're saying next meeting that would be the next council meeting correct which is October 28th All right so the motion then to table until October 28th um has been moved and seconded by Deluca and Fay any questions or further discussion hearing none all in favor signify by voting I I I oppose same sign the motion to table carries 5 to zero right thank you looking for a motion to adjourn so moved moved moved by Francis second second by DeLuca all in favor I I I oppos same sign meeting's adjourned at 7:15