good evening and welcome to the maple plane city council meeting it is Monday October 28th at 7: p.m. please stand and join us for the Pledge of Allegiance I pledge aliance to the flag of the United States of America and to the repblic for which it stands one nation under God indivisible libery and justice for all I am looking for a motion to adopt this evening's agenda so moved moved by council member Francis second second by council member Fay any further discussion hearing none all in favor signify by saying I I I post same sign the eyes have it 5 to zero next item in business is visitors to be heard um before we open up the mic to that I'm going to read our policy regarding public comment public comment is a courtesy extended to individuals wishing to address the city council who would like to make comment on something that is not part of the public hearing the public is invited to express any concerns they may have which are relevant to the Affairs policies or practice of the city of Maple plan speakers may approach the podium one time to make remarks that shall be limited to 3 minutes should you wish to participate in public comment please state your name and address before addressing the council all remarks will be made from the podium and should be made to the council as a whole personal attacks are prohibited as our obscene profane and threatening language public comment is not a time for Council discussion or response but for hearing the speaker's concerns only questions to the council will be for clarification only if necessary a staff report on public common subjects will be prepared for the next city council business meeting with that being said at this time we like to open the floor to public comment I did receive one um sheet so I would like to invite U Mrs Lynette egall to the podium you might need to pull that mic down sorry oh is it on this time it should be on okay um first of all I just want to do a correction of the 923 minutes um the spelling on my last name times it's nice to be Incognito but it is spelled e doll e c k d a HL and then um Danny money is Dean money and then um I just I'm really interested and and I thank you Council for all the work that you've done with the issues with Collision corner and my desire is really for you guys to have a resolution a peaceful one and I see both sides of it and I read it and I don't really understand all of it but um thank you and I hope that everything works out good between you two in supporting it we need Kirk that's all that I want to say again tonight um we were stuck once in Colorado and he sent a truck down with a van to um switch out cars for us and then my um cousin has such an old pickup with so many holes in it that he needs Loving Care on that pickup truck so that's kind of like a comical thing but we need CT and a lot of people use them for business and so I just want you to know that we do have support I support all of you and besides commission corner thank you Mrs zll is there anyone else today to speak for public comment please come to the podium state your name and address and you can give your completed form to administrator Cole Amber I apologize I don't have a completed form I got the hand out for the public comment but I didn't see the instructions for that um I can I can take care of that U during the meeting or whatever this is I'm John westler uh 3603 nor Drive horno um I am uh completing the development at 1701 bakro um Madam mayor council members staff thank you for taking the time to hear me tonight um I just want to bring attention I've uh um tried to get through that project we've had some challenges with soil Corrections and things like that that have uh come up but um just wanted to bring to attention um uh a bill that I had not received U regarding um observation of our project and um it was a large one it was about it was anticipated to be closer to $10,000 for observation I know it's hard to tell how that's going to end up it ended up being closing closer to $43,000 in observing the project uh through contracted work by uh Bolton and M and um I think the biggest concern that I have um council is that I have not received any of those statements during those several months that passed and uh it wasn't until I brought it up um asking um the city if there was any outstanding invoices because there was a previous instance in the spring where there was not invoices being sent uh that I found out I had a balance and immediately took care of it on site um corrected the address to make sure it was going to the right place but I still didn't get those those um those bills the problem is um it didn't give me the opportunity to um uh aggregate to the hours that were being built and and approaching the engineers um I was told that they have essentially complete discretion over how many people are on site to observe the project um this is not necessarily the time to deliberate I wanted to just bring it to your attention um Madam mayor I left you a message on your voicemail this week I know it's a busy time um I would I would welcome to have some discussion to see if we could find a way to get it worked out because it does put me difficult Place several months later on that's all I have thank you Mr wrestler and I did receive your message uh Friday when I got home from work and uh That Was preparing for today so I will follow up with you um all right thank you staff can we add that to um future workshop for update updating the council and we can have discussion all right and then someone will follow up with Mr russler after all right thank you is there anyone else to speak tonight for public comment all right seeing no one else we will move on um with our agenda um next item of V sorry for visitors to be heard not public comment we're not doing a public hearing um next item of business is our consent agenda and I'm going to turn that over to our administrator because there have been some changes um sent in ahead of time and we will go over those before we talk about the consent agenda thank you madam mayor there were some ches made to the council Workshop minutes on 923 some gramar gramal errors um the 923 special meeting for the public hearing um added that uh council member duca's reasoning to table the discussion was also to consider the feedback from the hearing um and then there was some uh spelling uh corrections as well that uh Miss ectal had pointed out um the minutes for the October 15th special meetings for the strategic planning um I added into the minutes that uh for the city hall development that uh staff are still doing research no decisions have been made by the council at this time um and then to clarify on item H uh I meant to say 20 hours not 25 hours thank you for those Corrections and notes so with those Corrections um in the update looking for a motion to approve the consent agenda items a through H mayor could I pull consent agenda a yes you may okay then a request P item a any others okay with that I'm looking for a motion to approve consent agenda items B through H I'll make that motion move by beac second second by Francis any further discussion hearing none all in favor of approving items B through H please signify by saying I I I I post same sign all right carries 5 to zero council member DeLuca minutes from 9232 24 Workshop just a technical clarification it was as a member of the Fire Relief board it was not the Fire Relief board that recommended the 4300 it was the member membership of the Fire Commission just a subtle difference of the of the of the department the fire members yes yeah not Fire Commission not the Fire Commission excuse me the Fire Department membership recommended the 4300 and council member Deluca and council member Francis sit on that board as the city Representatives okay thank you for that clarification anything else regarding the minutes from September 23rd agenda all right hearing none looking for a motion to approve the minutes from September 23rd I'll make that motion move by council member Fay second second by council member DeLuca any further discussion or questions hearing none all in favor signify by saying I I oppose same sign all right the eyes have it 5 to Z next item of business to come before us this evening is accounts payable and I will turn that over to administrator kander thank you madam mayor just uh to head off some uh questions that have been asked since the packet went out um there are several uh refund for overpayments listed in the accounts payables um when a house sells the title company pays for the bill that is currently owed and then s estimates the final bill um which is usually more than what is needed so that's what those refund payments are for um there is a uh invoice in here for Viking sprinkler for the old bumps property on Industrial Boulevard excuse me there was a waterline uh break this summer um we ordered the work to get done so it got fixed uh the contractor sent the bill to the owner the owner has not replied so I said we'll pay the bill we'll collect it from the owner in the future we won't arrange that we will let the owner arrange that so we don't have that issue um so that's what that uh that one was for oh we technically haven't paid the bill have we not until after t um and so with the accounts payable that we're recommending approval for the city a of 21, 38145 City bills of $32,365 15 and the third payment for the 2024 Street project of 1,228 66239 so it will be a grand total of 1,482 3969 any questions for staff regarding um City bills City a or the street project payment we'll take those in order any for City bills okay any regarding the E and any regarding the street reconstruction I have one on the Street rec council member f um David hillo um there is a uh driveway reimbursement uh $1,821 driveway reimbursement can you explain what that is um is that in the that's what page are on oh of the packet uh page 32 of the packet in in the pay yes what what that is is we had a property that had um so as part of the street reconstruct we go back so far saw cut it put our aprons in and then we have a patch on the driveways uh we had an individual that was looking to redo their whole driveway instead of having that patch in there they requested that their contractor do the whole driveway so it was continuous so we calculated the unit cost what we would have paid Keele to for the work that we had in the contract and um we reimbursed him for that and then it's part of so we we paid him instead of Keele for that that $1,800 and then it becomes part of the project costs as it would have normally and we had a uh an agreement with the property owner kind L know the details of what was expected what it does and doesn't thank you any other questions cons member B no no any other questions from Mr Martini in the street reconstruction okay with that then I am looking for a motion to approve the city bills the city a and the street project payment accounts payables I'll make that motion motion by move by council member Fay I'll second that motion second by council member Buck any further discussion or question hearing none all in favor signify by saying I I I post same sign motion carries 5 to zero next item of business um this evening is our staff reports and tonight we are fortunate to have um all of our staff in in person to present their reports so in addition to the written reports we'll invite them forward to give herbal reports we'll start with um Chief Dennison with the fire department third quarter report thank you honorable mayor council members glad to be here glad to see you all um uh just presenting a quarterly report tonight uh to talk a little bit about what we've been doing for the last few months at the fire department and in your report I've listed uh just some of our call information in there and this information would be to the end of September 30th so uh July August and September and year to date at the end of uh month of September we're at 279 calls for service and on the report again you can see the majority of the calls that we're going to are some sort of uh EMS related type call and then also alarm calls uh and looking at statistics from last year we're pretty much right on Pace from where we were last year a little bit ahead uh again this time when I looked at it we were at about 10 or 12 calls ahead at the end of September this year from where we were last year so pretty close to on Pace there um I listed out again um where the calls are occurring and um and have that information in there for the uh cities of Independence Maple plane Medina and then also the Three Rivers Park District um and again um you can see the numbers of the city of Independence 48 EMS calls 21 alarm calls uh the city of Maple plane 110 EMS calls uh one fire which we'll talk about in a little bit in my um um report uh 12 alarm calls and then the city of Medina 5 EMS calls uh an alarm call uh couple of fire calls there and then Three Rivers Park kind of the same U couple of EMS calls not too much in the parks that we go to um moving down a little bit further in my report is just uh ours and this is one thing that I know council member B has asked me a couple of times and I'm trying to figure out with our records management system how to split out these hours because I think this is important but for now in my report I have a total training and administrative hours of 1,899 hours and then the total incident hours so hours that we spend on calls uh for all firefighters that come to calls is 226 hours so haven't forgot I'm trying to get that uh uh get this program to uh glean those hours out separately so that we can report that okay next to my report is uh talking a little bit about training and some of the training that we've done this summer and a little bit uh for us is back to the basics uh with the beautiful dry weather that we've had all summer it allows us to get out and do some training outside and um we've been trying to focus on some of our basic fire response both in an urban setting like in Maple plane where we have fire hydrants but also in the areas of Independence and some of our rural area where we don't and to practice some of our um portable water supply and bringing tankers or shuttling water to locations and then setting up a uh dump tank operation if you will where we take that water from a tanker truck put it into a pool on the ground and then draft that water out with our pumper truck that's the way that we operate when we get out and again into a rural setting where there's no fire hydrant and we have to haul or Shuttle water out to the location so so um again um July's training we spent on some of that some uh driving and then also uh we did some car fire and forcible entry uh training some of those trainings that we use for uh cares and I know that a couple of you commented to me about the uh the carire training which is awesome and um sorry I don't mean to take bunch of time but uh I uh some of this is uh fun to see in the hereb especially if you drive by the fire station and see what is that burned up car sitting outside on a trailer out in the parking lot and it's uh a company that we use called customized fire training uh they're awesome to work with they provide so much training for us um uh to the fire department and they will bring in um equipment like this where they have a shell of a car that is pre-plumbed with um Propane fuel they want an engine fire they can turn on the valve that sends the gas to the engine compartment and make that area burn and simulate a car fire that is burning in the engine compartment the firefighter is can approach it then and go and extinguish that fire and again it's not exactly like it would be in a car fire because the person running the gas Val determines when they've done uh used appropriate tactics to go up and get the hood open and and put some fire on there so so again uh pretty good realistic training with advant in a hose line onto a car with some heat and some good fire um and again awesome summer to be able to spend out time outside and do some of this training so uh and then we moved into August and uh did some uh confined space training and uh we have uh several pieces of equipment that allow us to do some indepth no un intended confined space training and if we have somebody that goes into some sort of storage container storage tank down a manhole uh into a tunnel underneath a building or something we have tools and equipment that are specialized for going in and rescuing people someone that might need to be trapped or having a medical emergency in one of these situations that might be part of their job to go into these confined spaces and we have the tools and equipment to go in and rescue these folks if they get into some sort of uh Peril and need to be brought out and along with that also and appropriate timing we also have equipment for grain bin rescue and it seems like every year we hear on the news a story or two where uh somewhere as uh we get through Harvest Time where somebody's in a uh some sort of a grain bin where uh grain is stored it's offloaded somebody goes in because there's something that is plugged up won't go down or whatever and then they get sucked in or consumed into the Grain and uh to some level become buried or trapped into this and again we have equipment that we can go up into a silo or into a grain bed and um put equipment around them to help uh rescue and extricate them from a situation like this so um again that's kind of what our training is uh um made up in the last three months so I prefer the uh the corn you want to take over the training I don't I don't know whose phone that is that's my just all start turn it off it's weird all right listen uh just keep moving on here uh as we U wind down with construction season it's great to see a lot of projects uh coming to a close especially a couple of them that have affected uh our city proper for sure um you know um independent Street not too bad I think we um got through that the Bryant Street and through that area probably as a fire chief made me the most nervous just because of the large amount of population in that area and there were times that it was completely impassible and again trying to plan uh alternative ways to fight a structure fire for one of those houses that are completely uh unattainable by driving to it um how we how we make a plan for that um luckily no problems at all um you know best L plan is one never used so having that plan and and having that uh we're prepared and and thankfully didn't have to use it so so and um um our neighbors to the north it's awesome to be able to drive through the reto so I'm so glad the cter road 19 project is wrapped up so amen uh talk about a little bit of equipment um we have uh ordered a play UTV and that has been in the works it's been taking a little bit longer to get here the manufacturer of the skid that goes into the back of this piece of equipment which contains the pump the hoses and the water tank has taken a little bit longer to uh Manu facture and get to us but we finally have taken deliver to delivery to that and it is in the process of getting together and we are hoping that the middle of November we should have that and have that in place and ready to go the last piece of equipment to go onto it is um a track system so for independent tracks in in place of the tires to be able to uh access uh areas a little bit easier especially mud snow uh we'll have that set up so that we can access off-road a little bit easier with a uh four independent track system that's the last piece of equipment to go on it and then we should have it in housee uh the backup generator that's behind the fire station that has been in a state of u uh disrepair and and uh not functioning and we've connected with the company that does the repair work for the other City generator and just as of this last week have gotten that up and operational so our uh red generator behind the fire station again is operational and I feel confident as we move into uh the winter season thankfully we made it through the storm summer season with not much problem but we have a backup generator that's now working functional and uh and a great company to work with that we already use as a vendor um so nice to have them here to work with them so uh last thing on my equipment is uh our Tahoe uh the ship Tahoe it's a red Chevy Tahoe uh it's the car that's currently assigned to me is at a point of needing to be replaced and so I bring that up to uh let you know that's something that I'm working on looking at what it's going to take to replace it the vehicle is a 2011 Chevy Tahoe with about 126,000 M on it uh it came to us from the police department as a police chief's car so someone else drove that car hard and uh he hardly ever drove yeah but it's getting to a point where um uh it is uh showing its age uh the uh mechanically it has a few things that need to be addressed that will continue to be more and more the um the body has got rust on every corner and probably lines in between all of those Corners that would match up the rust equally um the door pins are wore out so we have to close the dri door two or three times to make sure that you get it closed um and it's just uh it's showing its age but also knowing that we are um at a position of uh talking about a merger with another fire department it's something that I want to look at and discuss uh with the West Suburban fire district to see how this PL Works into a overall plan I talked with Chief leure a little bit and much like we had the discussion with the grass rig and it's a piece of equipment when we decided we needed to have the grass R we had some of these same conversations and those conversations were is this the right time to be buying a piece of equipment and so checking with the about the grass rig and that would be yes if there's a merger with the two departments this is a piece of equipment the grass rig that would stay in our community would stay in our fire station to serve this area because there's a need for it here the same is true with t with the Tahoe and it's something that I talked with Chief lure about is that they have vehicles for their current Chiefs there but in taking this over that is a vehicle that would be used in the same fashion that it is today so um as we go forward and this is something that I will bring up further at the Fire Commission meeting and talk about further as to how we we want to proceed with this but just wanted to let you know where we're at with that uh Personnel uh Personnel count is currently uh we're at 21 fighter fighters we have uh two people that are on light duty currently yet um and um I'm improving every day so that is great one other thing of uh Personnel I just wanted to highlight was um that hennipen County Fire Chiefs Association which I'm a part of and attend their monthly meetings regularly uh they started a new tradition on September 19th they uh asked to for all of the Chiefs that are part of the association to invite the past chief that have been involved with this Association to a uh uh breakfast to reunite if you will a lot of the Chiefs that were part of that Association and so I invited all of our former Chiefs of the maple plan fire department to uh come to this and it was lucky enough to be joined by three of the past Chiefs and uh great thing something that was very successful and again uh for camaraderie um and uh just getting to see everyone and I hope they continue this as a tradition going forward so um next thing I have on my list is the merger with the West Suburban fire district um just we're still moving forward to discussions with them um and September 9th we had a meeting with legal council and City administrators to give some ideas uh the city of Maple plan and Independence like to consider for contractual agreements regarding service equipment uh dissolving the jpas um this if the cities if the merger took place and then on September 30th the maple plane uh Fire Department fire commission held a special meeting uh to further the discussions with the west of rban fire district and that's a meeting that I invited uh Chief Jeff lure from the west of Urban Fire District to come to uh he came to that meeting and brought along several of his board members from the fire department uh to hear I think right from the Fire Commission the uh high level of commitment that the Fire Commission the Commissioners representing the two cities of maple and anyons have moving towards a fire merger with them uh was uh I think coming out of that was a great discussion and great opportunity both for the Fire Commission to ask uh both Jeff uh Chief lure and also his board members some questions but also for the board members to get a a feel and a flavor a little bit of the um uh the Fire Commission and again uh the commitment that we have moving forward to uh um move towards a merger with their fire department so so was a very good um meeting um a couple of the things that I continue to work on is some uh providing uh Chief lure with some information regarding our uh number of calls that we've been responding to for the last three or four years uh roster of our firefighters with um years of service um and then um also uh discussing a little bit about the relief Association so he kind of has an idea as what we're at with our relief Association um and what's happening with that so that's where we're at basically with the merger with the West Suburban fire district um getting towards the end here uh just have a list and I certainly won't go through them but uh community events and happenings that in that third quarter that the fire department participated in that were things outside of just our regular firefighting duties like responding to calls or um uh situations like that these are um barely um community events and things that we do again uh in the public such as the polo classic the night to unite Long Lake hor Days parade Fourth of July parade um and several other events that you can see listed on the U on my report there and the last uh couple of things just wanted to talk about a couple of significant events that uh we have uh in the last uh quarter and one of them was out on um Copeland Road and it was at a private residence out there where on uh September 17th about 11:18 a.m. we get a Call of a person that had taken the fall and during that fall they fell into so it was a person that was a painter and they're up on a step ladder six foot ladder three steps up they're out outside painting a window trim around the window on the outside uh they stumbled and fell off the ladder as they fell off the ladder they fell into some Shrubbery some of the Shrubbery was dead and dying and there were some sticks protruding up from the Shrubbery that had been cut off by the uh Gardener and uh uh the painter fell on the stick and one of the sticks went into her leg about this far inside just above her knee uh on the inside of her thigh and got there right away and she was doing remarkably well for what she had uh suffered but um nonetheless due to the um nature of the injury we had a helicopter come out and transport her to the hospital uh at HCMC downtown in in Minneapolis um again she was alert and conscious the whole time very good spirits minimal bleeding um and um it was other than really need to get to a hospital and see a surgeon wasn't a whole lot that we could do so it was uh looking at people's faces next time you might want to do a disclaimer sorry Chief I'm good but I'm seeing some that might not be and I don't want to clean anything up so was considering that mild right perfect uh the last thing I have on here in significant events is uh at 5297 Manchester Drive where we had a um uh structure fire there on August 8th at about 10:30 in the morning and this is a call that uh came into to us is uh just basically smoke inside of the garage and so that would be uh a simple alarm for us nobody else has called we would handle that ourselves and operational Chief Brett cower he responded directly to the scene he was the uh weekly duty officer so he went there to investigate first while everyone else mustered at the fire station got the trucks and was on the way to come over and when he got there he started investigating around it did find some uh light smoke coming from one of the one of the tuck Hunter garages but then when he got inside there was actually quite a bit of smoke inside the residence and enough to concern him that there was a a fair amount of fire in this building and if you know this building it's a fourplex over on Manchester kind of by the Manchester apartments and so he what we call raised the alarm uh and um which brought in our neighboring agencies of the Mountain Fire Department the West bourbon fire district in mutual Aid they would bring Personnel to the scene to help us uh extinguish the fire and then do some overhaul and ventilation and they got the aing Departments got there assisted us with getting in we got in and extinguished it and uh the henen County fire investigation team came and helped us with investigating what the potential cause was and I don't think they have a definitive cause of anything that's come back yet that I know of but it looks like it pointed towards an area where somebody was smoking in the garage and that that was potentially um C the fire there and like I said it's still with the fire investigation team to find out if they're going to ever find out what happened um I will end there stand for questions sorry such a lengthy report any questions for fire chief D council member LCA uh Chief as I've asked in the past how many of your calls have mutual Aid been given out and how many of your calls has Mutual Aid been received during this quarter I don't have those statistics um I will tell you that we give more Aid than we receive and a lot of that is uh we just don't have near the call volume that our neighbors do and uh and our neighbor departments have a tendency to uh call a fair amount um we say call early and call often to make sure that we have the help coming I'd be interested in seeing those numbers at some point perfect the what are what's going in and what's going out okay just as data points for sure and that's something that we keep so I can thank you any other questions for you right well before you leave because I know you leave to go to training which we appreciate uh just want to acknowledge that today is National first responder day so thank you to all of our First Responders fire police EMT and um we do especially appreciate our Hometown Heroes and all of the First Responders who Serve and Protect um our communities 247 so thank you to you and um your families we appreciate you thank you so much thank you for your time appreciate stay the new business make sure there's no questions awesome okay well sorry I could have waited till that through the next one all right next I'd like to invite to the podium West tenan public safety director Chief um Gary CRS honorable mayor and Council included in your packet is the uh September 24 uh activity report for Westtown Public Safety department and I couldn't help myself but to say as a joke do you have any questions okay uh through September we've handled 3,487 uh incident complaints and uh in September uh 233 were in Independence 124 were in Maple plane I'll highlight some just some cases uh for Maple plane you have any questions U feel free to ask September 1st the domestic 5200 block of bryantwood Drive Maple plane uh dispatched to that on a check welfare uh reporting party was saying their daughter was being abused uh and an abusive relationship we arrived on scene we spoke to the victim who advised that she was assaulted by her husband uh when she was sleeping and that she was kicked in the back of the head the suspect had fled before we arrived and a warrant was issued for his arrest due to previous uh domestic assault convictions September 6 1500 Block of wman Avenue the Old Haven Homes building we're dispatched to a uh possible juvenile's attempt in to enter the vacant building uh we responded the alarm was sounding it checks the exterior of the building and found a door unsecure again and we cleared this building and res secured the door uh just to note uh for the for the council and for the citizens um we've got some young active uh Tik Tock SL Snapchat people in our department that have different uh reels that they see and uh the Old Haven Homes building has become the haunted Nursing Home in the Tik Tock world and a lot of kids are posting go to the haunted uh Nursing Home in Maple plane and then kids are walking through it which has preempted a bunch of other kids wanting to come into the community uh we worked with uh staff and uh making sure the building's secure we put trail cameras around the facility that goes directly to the officers if anybody's around the building uh and uh we've probably dealt with three different young juveniles that we've caught either in the building or about to go into the building uh 14 15y old range and most of them local worked on diversions with their parents but uh uh proud to report that it's really kind of calmed down I think the word got spread around like stop going to The Haven homes on the Tik Tock world and Snapchat so uh you you see when I had my staff look into it a little bit more there's quite a few properties in the area not only in our city but around the area that are kind of on the reels have haunted and it just kind of attracts kids to go there and just uh see what they can see especially around Halloween season coming up um September 13th a domestic 48 Hunter block uh Highway 12 Maple plane we're dispatched to a female hitting a male at a local establishment red on scene and we spoke with everybody involved the female was hysterical and was obviously very intoxicated and speaking with many witnesses they all advised a female was physical with the male and the male male was just protecting himself female was issued a citation for disorderly conduct some of you may ask well it was a domestic but you only issued a disorderly conduct domestics are between family members and these particular people were not family members or acquaintances they were mere friends and uh alcohol sometimes gets the best of some people and uh she she was issued a citation for disorderly conduct uh September 19th 5400 block of Bryant Street Maple plane uh suspicious vehicle in the area um arrived unseen and found the vehicle parked near the construction site of this area checked it uh we checked the vehicle thinking it was has to do with the kids at Haven Homes the old facility again and it was just likely a construction vehicle and then September 28th we had a shooting complaint 1800 block of Baker Park Road uh dispatched to that area that the reporting party heard 20 gunshots just happened to have an officer in the area at the time um patrol windows down and heard the same uh noise disturbance and it was uh clearly fireworks that were U let off and not shots fired so we cleared that one fairly quickly just some other interesting things um September 16th uh Chief Dennison had talked about the gal with the the stick in her leg and that Air Care landed uh just ironically the night before September 16th uh we had our first responder training made plane fire station so police and fire were there and one of the trainings was uh how to properly Land Air Care or the helicopter for North Memorial and uh we just joking when he said you know you just kind of Jinxed us of having this training and that day we actually landed it twice once in the morning for a severe crash at 24 in Homestead in Madina for a semi TBO and a vehicle and then an hour and a half later this gal so we actually the training came to good use October 1st Gabby uh William Gabriella Williams started for us as a new police officer uh we're excited to have her uh on the for she's been obviously during about one month of training and October 14th uh Avery Freeman was our IC poet Grant uh candidate so he began his uh College uh training at henan Technical College for an officer and he'll go through that for five months and then hopefully in March April he will then be certified to be a police officer and join our Force and we're finishing up our process for uh our second sergeant process um which will be announced tomorrow uh happy to answer any questions if you have any questions for director gr all right thank you thank you for your service um next I'd like to invite board our city engineer Mr Martini good evening honorable mayor members of the council um you have our report the packet for the most part the things that are in here are things that you've been involved with and and are are well aware of as we've been moving along uh noted that uh along the way with the County Road 19 projects we've just been uh uh monitoring the progress of that and uh not has been a lot of coordination there from time to time we've interacted with the project team uh just have various questions as it relates to map plane uh but uh that uh as was noted earlier is coming to an end um been working on uh various development uh reviews uh pretty much the things that Mark uh works on and reports uh there's usually an engineering component to that that uh we CH chime in on uh we've had some ongoing um work related to the lead service line inventories uh that were required by the city we're to the point where the initial notices have gone out the initial inventory has been done there'll be some followup now with some of the services that were undetermined as far as what types of material they are so that'll be something will be ongoing here for a little while um as you're well aware we've been working on the code update as it relates to the sump pump connections and then we' had a property on Three Oaks where we were uh working with them on um actually making a connection point for their some pump discharge um we talked about at the last Workshop uh some of the inquiries neighboring communities as it relates to water service with Maple plane um so some initial work was done on that the direction uh at this point is if neighboring communities are interested in knowing if there's capacity to potentially serve some areas outside of the city of mapel PL they're welcome uh to look into that issue at their expense and uh we will uh proceed accordingly with that uh a little bit of coordination with City staff related to the capital Improvement planning that is always ongoing and then uh coordination getting quotes for the additional Street work that we're looking at on the uh West part of independent Street on the west side of Bud and then Main Street in those couple side roads north of our street reconstruction project on the south side of the town uh doing some Paving work there uh to extend the life of those Pavements uh the Wellhead protection plan uh work is continuing to move along uh we're to the point where here in November we'll be submitting the draft plan to the local lgus giving them a chance toh comment on your plan once that review period is done I will be looking to schedule a public hearing uh with the city in January to keep that process moving uh once that's done then uh we should be at a point where we can submit the final report to um the uh Department of Health for their review period and uh everything goes accordingly have that approved and implemented this spring and then Street project won't spend a lot of time on this we have a a couple action items on your agenda here uh later uh as it relates to the process associated with assessments but uh as I'm sure you've seen around town here uh we have uh the independence is pretty well buttoned up now uh they Hydro seed that ponding area you might have noticed on the south side of town now we're to the point where uh some driveway work and restoration is really what's left to to get us into the winter months the Rainbow Park uh parking lot work is done um and then we have the Howard Avenue Mill in overlay which which actually is a wearing course so we're going to do that next spring when we do the rest of the wearing course on the remainder of project so that uh we'll still be hanging out there with that I'd be happy to answer any questions you have I have two questions Mr Martini yeah um you noted um in your report and again tonight that the Rainbow Park is done so the parking lot is done the curb and the paving are they planning to bring in the dirt yes the restor sorry the restoration will will happen with the the remainder of the rest Street por I just wanted to clarify like it's not done the the hard components are done but the restoration still needs to be completed great thank you and then also in Reading under miscellaneous service the second point the letter of credit reduction review for Baker park Villas yep um I'm assuming that was related to Mr wrestler who spoke earlier tonight same project and uh Mr wrestler and I have talked understand his concerns related to the engineering time on the project we did spend some time going through uh looking at that in detail um and provided some uh Jacob some of that information so uh I I mentioned Mr wrestler I'm sure we'll continue to talk about that looks like he's he's gone now but um happy to help uh I guess talk through the time that was spent out there kind of as it relates to the construction activity was going on it was it was a pretty extended project which still is going on uh started about a year ago now so um say we spent some time going through and detail the the time associated with that be happy to provide that uh have that discussion as you see all right thank you very much any other questions from Mr martini right thank you for being with us tonight all right um next we are from Public Works um Mr good evening honorable mayor and Council sorry for missing the previous meeting uh it's been a pretty did busy summer with the street Improvement project and uh some of the bigger projects that we've had going along with that to keep us busy just been kind of getting ready for a Party in the Park and spreading wood chips in the playgrounds next summer we'll do the bryantwood in metals Park this summer we did Veterans in rainbow and then getting the ash trees removed in the Parks from the EAB uh we got all the ones that I can cut down down and then there's one more round that will be removed this winter in January and then next we'll move on to the RightWay ash trees um for Veterans Park we've been painting the bathrooms and epoxy the floors that is all done now unfortunately it wasn't complete for Art in the Park but it'll be easier to clean up going forward cleaning up messes and vandalism with the painting and it looks a lot fresher or too and then the Willow and popler restoration we scraped and leveled out a couple inches of gravel and cleaned up the ditches with the equipment that we have looks a lot better for the time being although we do not have the correct equipment for this kind of work and we'll still need to try and get something going forward for maintenance on building up that road on popler completed all the stump grindings from all the ash trees that I had removed in the last couple years and that went pretty good that was the first time that I've done that but it saved the city a lot of money so that's something that we'll do going forward just with rental equipment and then just recently finished up the fall hydren flushing and the streets weing that was just completed the last couple weeks no isues and then we also winterized The Meadows Park irrigation Veterans Park irrigation and the bathrooms it's completed by advanced irrigation o p and then worked with the water tower Clon coat and Bolton bank on the water tower maintenance the last time we had to isolate the tower as you guys know there was main brakes on Main Street East people service ended up paying for we worked with Bolton and mink this time on coming up with a plan of operation for isolating the water tower to minimize any issues we followed the plan still ended up having one break but it wasn't quite as bad water tower looks good and then for the next quarter I just have insulate and paint the wellhouse number three it was recommended by the Department of Health in our last sanitary survey um working on more chemical feed parts and fittings in the water plant to reduce more chemical feed issues like we've had in the past setting up the sewer jetting and televising for the year everything north of the tracks and then working with Jacob on the Water and Sewer budget coming up here for the next year and continuing valve exercising manhole inspections and setting up more water meter change outs to slowly transition over to the new cellular end points then in the near future get the flags down holiday decorations up plows and Sanders going and try to suck up as many leaves as we can so that's all I have for now if you guys have any questions any questions mrlock thank you for being willing to try new things and save the city money appreciate it thank you all right next we'll hear from our city planner Mr alus yes thank you honorable mayor and Council um I was going to try to go short but then Rick went so long I'm going to try to beat him so um no uh I got the timer uh mayor and Council most of these items you're familiar with uh as well we've talked about some of these I'll just give a couple of uh key highlights uh we have a couple of projects that are coming through the city for review right now that are new projects one of those uh that's notable is a uh 58 unit apartment building at 1741 Bud that is um anticipated to be heard at the Planning Commission in November we also have a minor subdivision at 5370 Highway 12 which would split uh conceivably the largest piece of undeveloped land in the city uh off of that industrial site um which is a mixed use uh has a mix mixed use design and so uh that's also going to be considered at the Planning Commission meeting in November outside of that we continue to get interest in a lot of questions on 1800 Pioneer uh Creek Center uh road which is the old wink site uh for a number of years it's been vacant and um kind of Has Come And Gone In Waves of interest but we're into I think another kind of peak wave we've got a couple of people that uh have asked for um information relating to types of uses and actually thrown out uh some uses that they are considering at that site so we'll see where that goes uh City attorney and I worked on um along with um City administrator the Cannabis ordinance amendments uh we will be considering uh some ordinance amendments based on recent statutes that have come uh through the legislature uh relating to cannabis and so uh we're trying to just adjust our ordinances to reflect those changes to the extent that uh we can and there's some uh zoning items that are going to be considered with that and then um lastly and to No Surprise we um Gary talked about the 1520 Wyman Avenue building a little bit tonight uh City administrator and I actually had a meeting on that um building there's another uh group that has come forward interested in that site and so uh we'll kind of walk them through what that entails and try to uh see if they want to move forward with any kind of propose for that so with that I'd be happy to answer any questions questions Mr all right thank you for your work thanks um next we will hear from um Administration and finance and I will turn that over to administrator colander thank you madam mayor members of the council um some things in uh my report have already been discussed with the rainbow parking lot looks really nice uh once they get that dirt work done um the independent Street and Main Street Millan overlay project uh we should hopefully be starting first week in November is that what we're hoping next week or okay um rebranding committee has been working hard at narrowing down some uh logo designs for review um we've selected uh Civic plus as the website provider that we'll be working with um for the new City website um early voting is running strong we've had a lot of uh voters how many today so far on the ballot counter oh 175 175 direct balloting um votes have been cast so far since the 18th of October we had 80 absentee ballots um and 77 of those were um Haven Holmes voting uh We've set the uh canvasing um for the election for uh November 12th 12th thank you at uh 5:30 p.m. that's when the council will certify the election results um staff and Council held a follow-up strategic planning alignment meeting on the 15th to review our two-year goals so we'll be working on that and uh figuring out deadlines for that timeline um and then coming up here Monday November 18th will be the uh property assessments for the 2024 Street project that meeting will start at 7 o'clock um and as always stay tuned to the city's website for uh further details about the project um you can also sign up there to get uh notifications as they come out the uh ABDO our finance company will be presenting third quarter uh at the next business meeting um I've included the September's bank reconciliation for the council to review um there is a question on the now I'm going to forget it uh the negative balance under code enforcement um we are looking into that it has something to do with 2023 is audit numbers um and escrow accounts so we're looking into getting that fixed um I just did want to also say too that we have gotten all of the escrow accounts pretty much figured out for the most part and will be sending um escrow statements out on a regular monthly basis I'll stand for any questions any questions regarding Administration and finance report all right thank you for your work hearing none I'm looking for a motion to receive all of the staff reports tonight letters a through F in writing and verbally I'll make that motion move by council member bck second second by council member DeLuca any further discussion or questions hearing none all in favor signify by saying I I I post same sign motion carries 5 to zero all right uh we will move on to new business this evening first item of new business is um Collision corner and I will turn that over to administrator or actually you or Mark administrator cander thank you madam mayor members of the council um at the last meeting we held a public hearing for to consider the uh revocation of the iup that was G given to Collision Corner um at that time Council tabled that so we could uh reflect on what the public had to say at the public hearing and then review what that iup would look like what that uh what Kurt's business would look like without the iup um myself uh city planner Mark cus and City attorney lansman were able to sit down and go over that and I'll let uh uh Mark kind of explain that thank you honorable mayor council um I was asked to just put together a um uh city um kind of Baseline for what use would be permitted at the uh subject property uh should there not be an iup um any longer on the property uh due to revocation and so I I went through um the historical files as well as um going back through the stipulation settlement agreement which did provide for quite a bit of the Baseline uh information uh that we needed to look at um essentially just kind of high level um the uh status of the property if the iup were uh revoked would go back to the uh use of the property prior to the time of uh the initial or original uh conditional use permit being granted so that goes back to 1985 we looked at the existing zoning of the property at the time that that occurred and then we looked at the subsequent uses permitted within the zoning ordinance and I included the zoning map as well as the zoning ordinance in the packet just for uh context and information but essentially that property was Z C2 Highway Community commercial District um the use of the property at that time uh was considered therefore a a lawful non-conforming use um and so within the uh information that we have available there's kind of two pieces one is the settlement agreement um and that defined in paragraph 13 the rights um uh concerning the lawful non-conforming uses the property and it's spelled out uh that uh the uses that were um lawful non-conforming at the time were indoor Auto Service and indoor automobile sales and then it goes on to Define uh what that looked at and so with um any revocation um it would take the use of the property back to uh precond conditional use um any kind of pre-conditional you or any kind of postc conditional use um status all conditional uses were were taken away and replaced with the interim use at the time that was granted and the settlement agreement was signed so there are no lingering or or outstanding or uh cups that would the the use would revert back to and so with that the the use of the property would be as noted in the settlement agreement which is um the the lawful non-conforming uses as of 1985 which is indoor Auto Service indoor automobile sales um we did try to put together just on um that same level um what the um kind of the the parking limitations are on the property as well as as storage and things like that so if you're talking about just indoor storage indoor um sales um then there would um obviously be no outdoor storage no outdoor sales permitted um as a part of the use and so with that the the use at the time of the original granting of the conditional use did spell out um some parking on site they had employee parking and customer parking designated I tracked that back to what I believe to be nine parking spaces that were um permitted uh as a part of that use and so I kind of I labeled that on the plan um this is based on kind of historical site plans as well as other information that we uh pulled out of either meting minutes or things of that nature and so with that the allowable uses would be again stated in paragraph 13 of the settlement agreement um what that would um prohibit is then outdoor storage outdoor sales outdoor service overnight parking um auto body repair collision and everything defined in the settlement agreement and then uh parking limited to those spaces that are identified on the uh plan um and I I noted in there that doesn't include any overnight parking behind the building or any parking at all on Boundary uh which wasn't conceived at that time that I'd be happy to answer any questions I did Scott is here as well he and I kind of went through some of this historical information with Jacob and try to just put together this information for Council any questionsa and I don't know if this is directed at Mark you or Scott but if we go back to preup conditions how do we reconcile current Ada parking guidelines yeah I I guess I I don't know that I'd have I mean I could we could think about that a little bit more I don't know that I'd be able to give a an answer I mean I think what we're talking about is that I I don't know if the nine spaces means that you can't have one of those be Ada um I mean I think we try to just piece together what was there at the time the original conditional use was granted and that becomes the lawful conforming uh use of the property and so I don't know if it I don't know we probably have to talk about more how does that address Ada um requirements which weren't in place at the time right I mean remember that legal non-conforming legal non-conforming um property rights are a result of zoning changes and and legal changes and so what we have to go do is go through um an analysis to figure out if there are something Beyond zoning that would apply and whether or not because of it's legal non-conforming property rights or use rights it would be would it be exempt from it so that's something I don't think we could answer that right now but I think the purpose that we're looking at here is without the iup what is the use that's there we don't have we don't have quite have the that's more more of a detailed question that we can address later on thank you council member well I'm I'm more concerned about how we got here today we had a public hearing several weeks back in which we were going to consider the revocation of the iup but moments before for that meeting information was forwarded to the city and to us that showed that they were in compliance albeit late they were in compliance and we couldn't make a decision on the revocation of the iup at that time until we did a couple of things number one confirm that what they did met the criteria set forth and then and there was one more prerequisite and that was we had asked staff to put together what what would it look like um if we revoke the iup and but we all knew what that looked like because it was spelled out in the legal document that you and council member Duca and and collision Corner put together last year so that was a settlement agreement correct that wasn't back to 19 1985 I didn't I didn't know all that well I'm troubled is the property in compliance today Landscaping parking have we issued any additional um fines uh uh to the property because they're no longer in compliance or is are they caught up um council member Fay so as far as the Landscaping uh they are compliant they have the parking spaces removed on the Southeast Corner that were required the parking spaces in the back of the lot um also are striped um the only thing that is still not in compliance is the four sale signs on the vehicles corre I noticed that they were there for a while and then they they went but what brought us here a few weeks back was the repeated non-compliance as far as the the parking and the Landscaping but we're compliant today so are we prepared to revoke the iup from someone who is technically compliant is there any way we can there's no way we can put a tighter leash on on this situation correct I'll defer to Scott on that the the legal agreement is the legal agreement correct we I mean you there is a interim use permit resolution that was approved by the council and a settlement agreement those are that's the leash right now and in there um as you could see spelled out in the resolution is it followed the process cess that was there it was violation second violation and then and there's third violation there's penalties involved um and it's all spelled out so have the penalties been paid yes so we're going to consider the revocation of an iup because the for sale signs are not on 11 cars that are on the boulevard of Highway 12 that is the decision before you tonight yes has staff had any discussions with Collision Corner about that violation but we're trying to understand what it is but have there been any discussions about that with them my last communication was with Elizabeth via email in which I addressed that um and she had said that they were getting test droven often but they'll make sure that they get the the science back up when that was on September 24th is there any indication that those cars are actually for sale or are they just 11 additional storage spots there would continually keep rotating there would only be allowed 10 10 in that spot but no cuz there's no for sale signs on there so it could just be parking for all I know so theoretically you could go there tomorrow and the only thing you could site them for at that time would be the fact that there are no for sale signs on the at at this point there will there are no more sighting we've already cited once we've already cited twice the decision now is up to the council whether we revoke and if the issues still remain or if there's issues that get brought up again it'll come before the council again to revoke there will be no more there will be no one two three strike it will just be one two has been done got it we're at three and it stays at three for is it what was it in this a year or two years I believe it's two years two years that's the leash I'm talking about yeah that and again that's all spelled out in the I in in the settlement agreement and the iup resolution shortly well in the settlement agreement was an agreement between Mr coral and the city and there was multiple days that we spent in mediation and in court and then there was a lawsuit brought against us on November 7th where we were all named personally it affected our personal lives um as well as myself personally as mayor councel and a former administrator um had personal repercussions because of that lawsuit as well and um it's been the challenging part has been the Miss deadlines and deficiencies because Mr crw always comes through but half the time it's 77 days late or longer and it's continual staff time and um and um a lot of energy and um it's hard it's really hard Jacob when I went out this weekend and looked from what I could tell because I can't necessarily see striping in the back but I'll assume you're saying that's in compliance the front looked good I I noted that there weren't for sale signs in there what Assurance do we have or have you had dialogues with Collision corner to maintain compliance because I think the history here has been looks good for a little bit and then it slips into bad path patterns what Assurance do we have as a council that there's going to be continued compliance um counc member Dua I just haven't necessarily had Direct conversations about that I mean the settlement agreement in of itself is saying I'm going to remain compliant so every time then there's a violation brought to staff going forward then it comes back to council to decide whether to revoke or not because we've already had the two strikes that were agreed upon in the settlement correct in addition to all the times before correct well and given that we had to do a public hearing for the revocation of that I can't help but wonder if we ought have just table this motion to keep it open so that there is some ability to I'm just thinking of the compromise here but the ability to keep in front of collision Corner the fact that we want to maintain that compliance otherwise if we were not tonight not to do that and then something happened we'd have to reopen a public hearing to do that and I'm not sure I want to get into that scenario well and every time we do that there's more fees Associated more fees and more costs more time uh administrator cander thank you madam mayor members of the council and attorney landsman you can correct me if I'm wrong but we have satisfied the requirement for a public hearing for the iup we there will be no other public hearing for the iup revocation the public hearing was was held right but but I thought we tabled that hypothetically speaking if we don't revoke it tonight and then if there's another violation and it comes back to revocation do we have to have another public hearing what are the legal requirements on that I'll refer to yeah Madame mayor and uh members of the council with let's take um both both look at both issues um one is can you table the matter have it continued indefinately so that it can more easily be brought back to the table and there are no time constraints for this action like there would be for development under 1599 so the city does have the ability to table um it's not that uncommon to do that to to provide time I guess for that for that compliance if that's what you're looking for um so that's one part of it and the other is is whether or not the public hearing is required another public hearing is required um on this matter um the public hearing requirement is there because there's a property right and you have doe process um arguably the well you could say that this public hearing is based on those items that are in the findings of the resolution that's before you based on on the three violations if there is a subsequent violation that has a different some maybe some different facts then arguably you would need to provide that opportunity to be heard um by the by the uh um by the uh property owner I I I always um air on the side of conservative side is the more do process the better right and again even if you table it you may still want to you know make that choice or decision if it's been long enough or if there's a different fact patterns to even open it up again oh and if there's a additional violation that would have to be added to that resolution if we had two now we have three it if the basis if the basis for the VI for the revocation is a new violation yeah is right is modified changed correct I would then the resolution would be need to be modified and it's updated and so that would provide a possible differing fact pattern that like as I said um you know I'm not not giving an opinion of whether or not the you know that the due process rights are met or not met like I said in in a situation where um there's a revocation I I tend to opine to air on the side of on a conservative side to allow as much due process as possible I have one thought um I know that this is a a long process and a long issue well before I got on the council and I'm going back to we gave him 5 days to get get in compliance and we slapped him with the first thing on the 10th 10 days later it giving somebody five days to get something done I just look at that as if we have to go back or deal with this again that could be looked at as we didn't give give them enough time to start with I know we set all the move the goal posts but when we made that decision to accept it that was when we put that date in there and that was five days five business days later to have it completed so it if we have to go back on anything I think that that could be something that would be used negatively against us I'm not following I'm not the4 not following the five days either 24th we made or the let me pull up the exact just if I may I can bring it up I think that what what you're what you're mentioning is that July 24th was the second violation notice and we wanted him to become into compliance by the 30th no June 24th we put together to bring it the request to bring it in full compliance and that was the meeting we voted on it correct June 24th so that he had five business days to pull in compliance from when we left that meeting when did he sign the legal agreement that said he would comply with that last year yeah November last year it's not five days it's six months yeah we extended it even we extended we extended and that's when we accepted the iup correct listen without question I was prepared to vote to revoke the iup at the last public hearing the the history of non-compliance is comical and but he is in compliance now does correct and I I have a problem taking away better than 50% of his lifeblood at this point but with this short leash whether it be 5 days or 25 days or whatever if we reconvene this to consider it next time because of Any violations signs on cars parking in the uh boundry whatever the case may be we can I will not have a problem voting to revoke the iup which we all know what the repercussions of that are for a business person as does as does the business owner I'm just not prepared to move forward and if it and if it is to continue this um um meeting until such a time that that happens so be it whatever is the proper way to do it that but that's me I'm one of five I'm just telling you where I sit right now council member I mean Francis excuse me my question is how we have the settlement agreement there's been the three violations we've given a million chances at what point are we going to say enough is enough I feel like we're being used you know I had personal repercussions from the lawsuit I don't forgive and forget very easily and now we're saying well it's okay you don't have the for sale signs in the cars we'll wait until you screw up again I'm not willing to do that we've given so many chances and we haven't been met on any of the deadlines if you were if we were in school and you don't make the deadline you fail the class I I want to I want to frame this in a way that my brain can kind of get my arms around this Kurt Collision corner and the city spent a lot of time in court in mediation and agreed I thought collaboratively to a set of conditions to help you run your business I'd like to see all of those conditions to the letter carried out and followed and we're not quite there yet we're close and I give you credit for the stuff that is you've done but let's go in comply with what we told the judge we were going to agree to do I'd like to assume that you have as much interest in being in full compliance and staying in full compliance as we do as a city as City officials the history of non-compliance over the decades is atrocious I don't want to see that going forward can't we just agree to what we agreed to do in court follow the compliance always be in compliance and always stay in compliance I don't know why we can't do that it's frustrating I think you're hearing frustration here but it seems like that's a very easy thing to do that we stood in front of a court judge and said both parties would do I don't want us to get to the point where are the only alternative we have is to revoke this iup I personally think keeping it open so that you know we're serious about holding up our end of the bargain is as important Now show us you're willing to do it by con getting in compliance and staying there there comments or discussion it's just this little area right behind that's where they bu other building I think um the consensus of what I'm hearing is there's a desire to continue to move forward with valuable business business in town but we need to live by the settlement agreement that was made and follow it and we don't want to be back here again um is that what I'm hearing in order to move yeah in in order to move this forward and on as the attorney said we have the ability to do this I would move that we table the revocation until the November meeting readdress it at that point if there are violations or maintain it in a hold stat that sounds like we're thinking there's going to be violation I'm saying the challenge I gave Collision Corner a few minutes ago was get in com finish and get in total compliance stay there and maintain it and because of the history I want to see a month or two of being able to do that not a day or two okay Mr motions on the table okay there is a motion on the table but attorney lansman would like to speak yeah a few things I just wanted for clarification the last the SE September meeting where we had the public hearing the public hearing has been closed right it was closed I just want to make that make sure for on the record that it's known that it's closed and then with regard to tabling itself um a couple of options one if you're looking for a check-in nothing's wrong to table or post table it to a date certain certain so that you can bring it back in the agenda and remove from a table or you can just have it tabled and bring it back at a certain point whenever you feel like it should be brought back to the agenda you don't have to make that decision you can either say a date where you where you want to bring it back there's I'll clarify my motion to be that it will be tabled until such time that staff feels it needs to be brought back to us not a period certain not a period certain and that's sounds like a good yeah cuz once it's on the table it's on the table but I I would suggest at a certain point that I yeah staff can make the discretion maybe it's a check-in or whatever however you want but um it's not being my understanding it's not being asked to be brought back as an automatic course it's being brought back if and when needed if only needed okay and staff will use settlement agreement to decide if it is needed so that way everyone knows all the expectations they are clearly spelled out they've already been agreed to both by the business owner and the city and the other thing I want to clarify too is that the settlement agreement itself the the iup resolution which incorporates that settlement agreement has those objective standards with regards to um what needs to be done and what H and went and then the violation process the fines that are attached and also that the third violation is the replication I just want to make that clear for the record the third violation the third violation is where we're at right now that's where we're at right now so that's the penalty for a third violation the Mac I should say it's it it but it has to to be voted on correct every right it's not it's not an automatic revocation any revocation of an iup or a cup under due process rights as we I talked about requires a public hearing and a vote and that's why you're here today right and I appreciate what council member Duca said as far as I think we all want to see this succeed not only for the city but the business owner and I I speak of this short leash and I won't be afraid to pull that leash I second the motion to table the revocation of the iup to an AS potentially needed date not a period Ser or a date Ser I think I think the other motion needs to be or the motion was I just I second his yeah whatever he said all right so we have a motion and a second are there any further discussion questions or clarifications and I would just like for the record to show Collision Corner please please be in full compliance and stay in compliance it's that simple any other comments questions or discussion hearing none all in favor please signify by saying I I I I oppose same sign motion carries 5 to zero next item of new business this evening is resolution 24-10 28-2 the Fire Relief joining perah I will turn that over to Step page 180 and our backet thank you Madame mayor members of the council at the September Workshop uh the council discussed with the fire relief relief Representatives their intentions of joining the svrf or perah for the fire department um they've provided us a copy with the relief resolution and are seeking Council approval this would bring the benefit level to 4300 and would begin on January 1st 2025 and that is resolution 24128 d02 but doesn't matter any any questions um for staff regarding this and just to be clear we did talk about this at length at a workshop and this is coming to us as a request from the firefighters um from our staff so um they have asked for this and so it is coming with their Direction the $4,300 per year has not only been scrubbed by the fire relief Association but also the Fire Commission Fire Relief has not talked about the 4,300 Fire Relief talked in terms of maintaining a percentage level at 102% I think we all are aware what happens if it hits 90 correct the data that was presented depending on how you add things in and the timing of when you add them the perah had a a data sheet that was in our Workshop packet a couple weeks ago that showed the balance of 4,300 would be approximately 97% now you add on some things like some 2% money depending and when you take the snapshot of it there's there's as we talked about in the workshop some risk that we don't maintain a 6% return on investment next year there could be a drop in that percentage that could approach the 90% so we're going on some faith that um the firefighters have researched that well enough to know that they'll be able to maintain that and perah does have a history I feel much more confident in per returning 6% than parik Knight did and the two firefighters that came and presented did not express any concerns at all that I sensed when we directly asked about that so I have no hesitation um with this change and note that that 90% threshold would be a mandatory um city um funds DP to bring it back up to compliance okay any other discussion questions or clarification all right with that then I'm looking for a motion to approve resolution 20-10 28-2 the Fire Relief joining perah so moved moved by DeLuca second second any further discussion or questions hearing none all in favor signify by saying I oppose same sign motion carries 5 to zero next item of business um is resolution 24-10 28-3 approving the hanen County Hazard mitigation plan I'm going to invite uh director Chief Gary KS to the podium and turn it over to him thank you honorable mayor uh included in your packet is a very lengthy H Hanan County Emergency Management mitigation plan uh as your Emergency Management director I was asked by henb County Emergency Management to identify the County's major hazards for both the cities that uh I provide that role to the city of may play in the city of Independence I've completed this assessment in the past and I've done it in 2015 as well um this is a request to review the mitigation plan for the city of Maple plane purpose of the plan is was to identify the goals recommended actions and initiatives reach jurisdiction within the county the goal is to reduce and the prevent injury and damage in the event of a a hazardous event it's intended to provide unified guidance for ensuring coordination of recovery related hazardous mitigation efforts following a major emergency disaster such as a tornado that comes through town um a severe wind event flooding any of those Emergency Management disasters the goal of this plan is to implement an ongoing com comprehensive countywide Hazard mitigation strategy which is intended to reduce the impact loss of Li and property damage due to these natural disasters every every Emergency Management director and everybody in each City throughout all of hanip County all had to do this the review and update of your plan was provided to hanip County Emergency Management and both City administrators in December of 2023 it was presented to the police commission on December 13th 2023 and at that time did not require any action by the city council or either city as both cities were advised in sometime in the spring of 2024 that a final plan would be provided by hennipen County Emergency Management presented to the henpen County Commissioners and at that point they would ask for each City for the approval of their section of the mitigation plan uh in late spring 2024 well here we are end of October that late spring of 2024 has come and now the hen County Commissioners hen County Emergency Management is asking for you to approve the henip county your section of the mitigation plan uh for the city of Maple plane attaches a sample resolution that that uh administrator Co laner put together and I'd be happy to answer any questions in regards to it it's a lot I understand it I just want to say the reacted version was 250 Pages ex so the hours and days and weeks and time you've spent uh reading this in detail for our safety is much appreciated and we are fortunate we have staff that we can rely on and Trust to go through this with the fine tooth comb um because I skimmed it so I'm not I'm not going to lie yeah second time I skimmed it so yeah comments questions for chief just thank you all right I am looking for um someone to move resolution 24-10 28-3 approving the Hunan County Hazard mitigation plan I'll make that motion motion by council member Buck second second by council member DeLuca any further questions discussion hearing none all in favor please signify by saying I I oppose same sign motion carries 5 to zero uh next item of business to come before us tonight is um resolution 24- 10 28-4 henip and County Youth baseball and softball grants and I'm going to turn that over to our assistant City administrator um Mr LaRon thank you Madame mayor and honorable council members uh we recently learned about the henpen County Youth baseball and softball grants uh these grants provide uh support to youth baseball and softball programs specifically with uh facility improvements um and there's there's two areas that uh after talking with uh uh staff uh a a little bit more in detail there are two areas where the grant could directly impact uh our area uh the first that we thought of uh was upgrading the danty uh field scoreboard and then adding additional uh bleachers to the softball field uh at Veterans Memorial Park um along with that uh the total cost for this would be uh $2,395 um the grant uh splits uh the cost directly with the city uh on a 50/50 um basis and City staff recommends applying the the applying for the hpen County Youth uh baseball and softball Grant to help improve the veterans uh Veterans Memorial Park um and for the grant to cover 50% of the total uh projected cost uh and the other uh half would be coming from uh the city Maple Plains Capital Improvement plan all right thank you for your work and um the work on this grant I'd like to also mention that we would um talk with the diamond Devils the baseball association I know they have been saving money and have requested the new scoreboard so I think there might be an opportunity um for partnership um with them in particular with the so I mean we can work out all the details mean I think anytime we can get a grant and improve our um parks that we should definitely take advantage of those opportunities right um with that then I'm looking for um someone to move resolution 24-10 28-04 the Hanan County Youth baseball and softball grants what don't I make that motion motion by council member Fay second second by Francis any further discussion or questions hearing none all in favor please signify by saying I I I oppose same sign motion carries 5 to Z next we have another resolution before us tonight um this is resolution 24-10 28-5 declaring our street project costs to be assessed I will turn this over to our city engineer Mr martini thank you your honor members of the council uh we're at the point in the project where we have a couple action items we need to take to keep the process moving along what being able to assess portions of the project cost uh in your packet you just have a kind of a summary of some of the steps that have been taken uh so far uh dating back to uh August of 2023 when the feasibility study for the project was authorized uh it was this spring when we awarded construction project to keeply construction and in May when you approve the project financing uh where we're at tonight is we're looking uh to pass two resolutions one would be declaring the cost to be assessed as part of the project and then the second resolution is setting the date and time of the Improvement hearing uh we've given you some cost breakdowns here in the memo uh essentially uh comparing it to where we were at the feasibility study the total project cost is estimated 4,566 7457 and that includes um a couple non-accessible parts of the project the parking lot and Rainbow Park and the mill and overlay of Howard Avenue uh so you take those out 35% of the remaining costs then are uh the accessible portion uh to the individual benefiting properties uh that amount totals 1,561 $176 18 all of these costs um are based on estimated final uh project cost or soft cost of 20% um with that I guess uh I I would just be happy to answer questions if you want some more detail be happy to go into it otherwise I would recommend uh moving forward with those two resolutions tonight David I got a couple of questions sir um the chart that you put together with the proposed assessments based on Street sewer and uh water yep um I was trying to remember the formulas for Corner Lots because we've got power that was done and Independence now is butting up to Howard and there are you confident that the assessed values that you have for certain properties are accurate yes okay and then there's some properties where water may be coming from an adjacent street but but sewers coming from another so they're not being assess this these raw numbers that you have here are accurate to your best ability yes yes and it really we worked out those details for the most part when we were finalizing the feasibility we study if you recall we went through a few different scenarios as to how we might um account for some of those costs really for the properties like you had said that didn't have an accessible property adjacent on one side of the road or both uh ultimately the city decided that we were going to take those costs on for instance the frontage along the railroad um Independence has some of the water and services come off of Main Street instead of independent so we're not assessing those properties for water and sewer with this project they would be assessed in the future uh with the Main Street project for uh that portion of but wasn't there wasn't there a formula that uh something couldn't be assessed 55% as long as it was done within 3 years or something yeah in the presentation for the assessment hearing I have that in there I don't recall the exact amote but yes you're you're uh your ordinance says that you won't assess a corner lot um this if you're been assessed for one side you don't get assessed for the other side if it's within a certain time period correct and we've accounted for that okay now this is a very tight Tim table that we have here because we're establishing the public hearing and then that information if it gets approved gets certified and goes to the county uh so that it can sure that we can make sure it gets on next year's taxes if we miss any of those dates we could potentially miss the certification period and we we lose an entire year correct okay is there do you feel it's necessary to do a benefit analysis have we done a benefit analysis we have we're going to run into problems where where um um uh a benefit benefit analysis is important to keep this process moving in this tight Tim table Yeah Yeah correct and I think you've done it both ways in the past where you've gotten kind of an independent assessment of value the properties before after the project um that's a handful of the properties yes and that's that's resulted in some I guess let's say some information that wasn't necessarily consistent with your historical practice as to what you have assessed um or in my opinion the true cost of the project uh it's interesting if you look at this project um if you take where we're at the proposed U assessment role um that has been put together if you have water sewer Street and storm uh the per unit assessment is $ 17,080 or less yes or less if you don't have all those components uh the 2021 project the um assessment for all the components of the project was $1 17,1 uh so very consistent with the co the cost of the project to provide these Services replace them and maintain that infrastructure so from my perspective I feel like it's very reasonable very consistent there's nothing unusual here about the way the project is unfolded uh or the way the costs have come in uh in part you you know one of the biggest challenges we had was trying toci side with those that Frontage that we had that was kind of unaccounted for the railroad these uh frontages for water and sewer that didn't have a a service being provided um the the decision that the Cil made to ultimately make those City costs again brings it right in line with uh where it's been historically uh for past projects and what you assessed um as we've tried to be consistent with as well you know we started with the feasibility study that estimated the cost uh to the best of our abilities you chose to move forward based on those estimated costs we had a check in when we took the bids uh to verify that we were still comfortable with the cost of the Project based on the actual bids we received uh which again came in then lower actually received really uh good bids uh lowered those costs from what we had estimated and now here um moving forward into this assessment hearing the estimated final costs are actually just a little bit less than what the city used for a financing number in May so along the way I I feel very comfortable that we've done everything in an efficient manner to to complete this project maintain that infrastructure in the most coste effective way possible Mr fander thank you Madame mayor members of the council uh item number two on that resolution um has an interest rate uh 4% per Anum um I just do want to point out that our bond documents um recommended a 5.5% interest rate um the 2021 interest rate on that Bond was 1.31% um and we assess it at 2.74 so one 1.43% Higher um so even if we went with what we did in the past it would put it at 5.43% % not 4% because our bond our true interest rate for our bond is 4% so I just wanted to point out that there would be that correction what number you guys want that to be um is is up to you but the the bond documents did recommend five and a half so our bond documents so for clarification our bond documents for this year 20 24 a recommending 1.5 and then in 2021 we did 1.43 correct so how would you explain I'm confused to the 2021 to the 2024 resident why we did 1.5 when in 2021 we did 1.43 just ask well the the interest rates are higher costs are higher okay than they were in 2021 so we need to make that decision before um we can do this resolution correct that number is part of the resolution part of the resolution I would say that you know when you approve the final assessment roll the terms um after the public hearing uh if for some reason you decided to use a different number you could I would assume as long as it is less than what you've approved tonight we don't want to approve for and increase so if we were to change this in this resolution to 5.5% that would be the 1.5 that are Bond correct and that's what be advertised in the paper and that will be in the individual notices that go re but if if in November then we wanted to change that to something less than we could we down but not right well and I think it's important that the council is able to review this information and make an informed decision on the on the rate unless you're comfortable with well I would set it at the 5.5 um and then I want advise you on the finances of how you know the bond payments pay out typically what I've seen is that that number is actually 1 to 2% higher than what you bonded for um that's to cover overhead costs and I I believe it has something to do with if people are paying off early it changes the finances of of the bond um and again I I would defer to your financial advisor to to explain or or coach you on on what is an appropriate number there well then I think so we can make an informed decision and have all of our questions answered in accurate information I would propose that for tonight for the resolution we go with 5.5 the max knowing that would allow us time to get those answers and then we could de in it could we say a rate not to exceed 5.5% yeah we can put that in the resolution I defer to Scott done whether or not it has to be exact or not in the uh notice for setting that the the notice itself you can I would say in the notice you can always reduce it in the final but you can't go above it no I we just so the question would be can can we just resolution say not to exceed 100% right it's the same thing even like in an assessment you can always go below the assessment so it's it's a I think this going to get published I think that's probably it's easier on the eyes so is there consensus send from Council is everyone comfortable with the verbage not to exceed 5.5% like that better yeah staff has that direction okay so when approving this ordinance in there would be the change not to exceed 5.5% okay any other discussion or questions for our engineer staff okay uh so the first resolution before us then tonight is resolution 24128 D5 declaring the street project costs to be assessed so moved move by DeLuca second second B any further discussion or questions hearing none all in favor please signify by saying I I I oppose same sign motion carries 5 to Zer the next resolution before us tonight is 24-10 28-6 this is the ordering of a public hearing for the 2024 Street assessment project um do we need any no uh the the proposed uh time is 7:00 on uh special meeting on on November 18 18th here in the chambers in the chambers so that date has already been set and the time here November 18th at 7:00 p.m and um looking for someone to move resolution 24-10 2806 ordering um the public uh yes public hearing for the 2024 Street project assessment so moved moveed by DeLuca second second by Francis any further discussion or questions hearing none all in favor please signify by saying I I I oppose same sign motion carries 5 to Zer thank you thank you um next item of business this evening is another resolution approving City Hall Development Fund and I'm going to turn this over to administrator poing thank you Madame mayor members of the council um in our strategic planning we talked about uh City Hall development um and options for City Hall um a point when our lease here is no longer uh able to be renewed um I'm recommending that we use unused escro funds um or escro funds that go back to the city uh like in the case of uh the downtown developer into um the city hall Development Fund kind of like how we have our Park uh Improvement fund to uh you know specifically say where those funds will be held okay I just want to confirm this is not a holding area for all escro funds that are currently being used it's strictly a bucket that's going to hold escro funds after after all the business attributed to those escrow funds is done correct any escrow funds that the city ends keeping okay I'm troubled by this the the creation of another bucket when we have a capital Improvement fund that no doubt if we were to do some kind of a city hall project money would be taken out of that Capital fund anyway I don't know why we're creating yet another layer I haven't heard a good argument why designate that versus just taking this 10,000 put it in the capital Improvement to be used at whatever time we do whatever Capital Improvement this Council decides I think I can see it both ways I mean like we have a park dedication fund that's just for Parks this would be just for City Hall which we know eventually we're going to need to make a decision about our future so this would be set aside just for that where the capital is more General so I can go either way if it's easier for staff and finance then I have no problem supporting this would Capital Improvement funds ever be used on a park project Capital Improvement funds can be used for whatever the council deems necessary but those are designated because they were donated for that you know for either gambling or parting the park or other things so if you put it in capital it can go anywhere for improvement or planning for a new city hall did this come from ABDO did they make this recommendation no that's my recommendation other questions comments what is the benefit for just having it to a dedicated fund to track it or it's an easy way to track it the funds that are going in and out of it okay so it's kind of like a subcategory of CIP yeah so we're sitting on this $10,000 because of the cancellation of the purchase agreement yep and you want to create a new fund to put it in because you want to designate that specifically for City Hall City Hall I don't care one additional line right yeah I I would say let's do it someone needs to move the resolution I will make that motion all right council member Francis has moved resolution 24-10 2807 approving the city hall Development Fund is there a second I'll second that one second by council member barck any further discussion or questions I'll just note I'm in favor of it if it makes staff's jobs easier and as it comes a recommendation from them I don't I don't personally see any harm in it any other further discussion or questions all in favor please signify by saying I I I oppose same sign I motion carries four to one um I'm going to suggest that we do Council reports and other business before we um go on to close session tonight okay council member rck do you want to start us off uh yeah just fairly light month public hearing business meetings workshops um I did make it to the trunk or treat a little bit on the later side but I did make it um excited for Halloween coming up just keep in mind both people walking and driving cars be on the lookout for everybody that's it thank you council member DeLuca um lots of Workshop topics this month that we've talked about uh Personnel met and there's some activities that we'll be talking about later um nothing major consequence um the trunk and treat I appreciated seeing our police and our fire there and I can tell you my grandkids had a great time climbing into that vehicle Gary getting out of the vehicle was a little harder and tomorrow Kevin and I will be uh convening the First Citizens or the next phase of our citizens Advisory Group we're actually going to be looking at some of the common spaces in town specifically we're starting with Rainbow Park and we're going to do a walk through and see what lens our citizens put on the parks and what they see sometimes we don't see something because we've seen it too much so get a fresh set of eyes how many citizens two wonderful all right we're looking more right and looking for more and on planning and Eda okay sorry that was my PSA council member Fay uh well um regularly attending rotary uh as a service organization um we're all about service and we did a lot of service this month um many hours doing service work out at Camp bit hoppy it's a kind of an annual uh thing that our club does uh cleaning and building and maintaining uh um their grounds um this time of year it's nice to get out and get your hands dirty um 10 at a pair of uh Fire Commission meetings uh the chief mentioned earlier plus uh the fire department open house uh in addition to we had a strategic uh planning review uh as well as uh a pair of public hearings tonight being one of them uh workshops and tonight earlier uh business meeting so busy been fun council member Francis well I started off the month with cookies with councel and had great conversations um we have some residents that are very invested and very interested in what we're doing um bringing manila folders full of lists uh attended the the chamber meeting as well as the cham helped with the trunk and treat put on by the chamber had a lot of fun the bounce house was a hit the kids just kept going in circles to go down the slide and some even passed up candy just to go into the bounce house uh and they love seeing the fire trucks and the police cars and getting a fire hat and all that good stuff attendant Eda special meetings still working on the rebranding with our committee um we're making some Headway there uh for me it felt like a busy month enjoyed every minute of it thank you um I as well felt like it had been a busy month I've been on many of the meetings with u most of you up here I already mentioned personnel and rebranding excited to start seeing some color come together with rebranding and get the community and um involved with that Fire Commission has been very busy glad we're moving forward um one of the events that the city was able to um help with was Art in the Park with um Orno Community Education and I love it whenever we can get people in our parks and have those Partnerships and that was well attended they lost count at over uh 300 people um the streets were full the parking lots were full the park was full and it was a great event so look forward to doing that again next year hopefully um with the Northwest henpen leag municipalities we had the opportunity to tour the hennipen county um traffic Management Center that was very eye openening and a neat opportunity to do that uh the LMC board meeting continue to work on that and policies as there's a lot going on uh rotary as council member Fay said it's been lots of service and if anyone needs to know how to put a Gaga pit together um council member Fay has conquered that and we'll save you a lot of gray hair um the West henan Chamber of Commerce I know many people up here have me mentioned the truck and treat and it's just fun to see that ongoing tradition the last Saturday in October started with the boo market and mpfc um and the number of people that come through there but that would not be possible if it weren't for our businesses and the numerous donations that we received and um sponsoring the trunks the gifts all of it so it's the only CH fund only fundraiser the chamber does so a special thank you to all those businesses that already do so much for the community we really appreciate that and uh do need to remind everyone that Tuesday November 5th is election day so get out and vote or get out and vote early also we will not be meeting before Veterans Day which is um Monday November 11th there will be a community program which is being co-sponsored by the Orno rotary and Orno high school at 8:30 in the morning um all of you are welcome and encouraged to come to that our own Paul Stinson post will be there to present the colors as well um there'll be a speaker a band it's a really nice um program we encourage you to come out in honor our veterans and then November 12th will be our next official meeting at 5:30 p.m. we'll meet down here and we will canvas the election that is a Tuesday um since November 11th is Veterans Day so any other business or reports to come before us this evening okay with that um we will go back to item 10 which is pursuant to Minnesota statute uh 1 13d -.5 subdivision 1 um the meeting is being closed to discuss a Personnel medical data of an employee so at this time I am looking for a motion to go into closed session so move move by council member DeLuca second second by council member Barack we'll be entering Clos session at 9:10 p.m. and at this time um all visitors will be asked to leave so thank you for being here you all right we have come out of close session at 9:24 p.m. uh with that that concludes all the business before us this evening so looking for a motion to adjourn so moved moved by Francis second second by ver all in favor please signify by saying I the eyes have it the meeting is adjourned at 9:25