##VIDEO ID:7zYMnmFZgiA## good evening everyone I'd like to welcome you to the I'm getting some feedback sorry good evening everyone I'd like to welcome you all to the ATO city council meeting tonight is Monday August 26 audre can you have the record show our City attorney city planner city engineer along with all council members our assistant City administrator and our city administrator at this time I will ask you all to join us in the Pledge of Allegiance I PL ALG to the flag of the United States of America to the Republic for which it stands one nation under God indivisible with liberty and justice for all thank you our first item of business this evening is our open Forum this is the portion of the meeting that you can come to the podium state your name and address and limit comments to 5 minutes or less would anyone like to speak at this time yes can you go to the podium and state your name first and then my name is Kenny ryen my address is 14248 82nd Street Northeast or otherwise known as Circle Northeast and I have some handouts with the council member thank you so the issue at and is an illegal culbert that happens to be um spilling water across my backyard meant to be here at the last meeting but um retireo was working from uh D until dark and so I didn't make it but anyway as you see I spelled out some of the facts here first of all a choa and 82nd have been res resurfaced recently I'm not sure exactly when the development to the north including storm sewer curbs and gutters is not so old the Calbert under Ooa which is on the northeast corner of our property is 24 in in diameter and also the Calbert under our driveway which is on 82nd on the south side of our property is 24 in diameter also and uh drainage from one property onto another person's yard um I think we all acknowledge that is illegal and number six the council as a body decides how to spend money or not how to spend money um I have made this request about a month ago and um some of the city engineer the mayor and I don't know who else match and decided not to address my issue or at least not to resolve it now that's the problem in and of itself because the council is you know decides how to spend the money or how not to spend the money so my discussion points I think we all know that the cber is illegal because it dumps water across my backyard between my house and my septic system it's going to be flowing pretty good now with this R brainstorm um the engineer whoever was the engineer uh when AOA 82 were resurfaced they had an opportunity to look at it and address it I'm sure that they were aware of it but nothing was done with it and also when that development to the north was done that could have been addressed at that time also which was in Prior years I don't know why it was not dealt with because I'm sure sure the engineer would have known so drainage as you all know is an issue for every plant and every development at least in Minnesota but I think Nationwide and there is methods to deal with drainage and the common or most typical or the most standard the most accepted way is to divert the water on the edges of the property via utility and drainage easement this is the accepted practice and um although I haven't looked it's probably written into that you don't rent it across the property you can't change where the water goes other than divert it around your house around the property edges in my situation um the Calbert spills water from the neighbor on the other side of Ooa and I don't know how big an area but it comes across my backyard which is unlawful the 24in CT that's under my driveway I'm sure when a permit for this house was issued the city engineer looked at that see how much water it's come in there there's a 24inch cber so it's like this big but it drains a very little portion of the road surface that's it half the road surface approximately 200 feet and so instead of a c like this like a six or8 inch would be plenty big because they're very low little water that currently goes through there so what do we do the console has in my opinion an obligation to deal with it because it's illegal so we could potentially conect connect to the storm Su that's on the North that's quite a distance away be quite costly but it would be an option we could Blaze the trail along the back of my property and then onto the west side it's all wooded so you'd have the log the trees off create a ditch but that would be an option to get it back out toward 82nd another way would be to dig the ditch deeper because the Calbert across the choa is lower than my drive Calbert and so if you dug the ditch deeper and then lower the Calbert in my driveway that would also do it but then finally I looked at it and I thought which I come up with the least expensive the least intrusive and perhaps the best option and that is number one to abandon and remove the C that goes under Ooa fill in the dirt is a relatively small area to the north of Humphrey's driveway and on the east side of AA fill that in up as high as possible basically to the curve then reverse the slope on Humphrey's driveway so it goes the other direction goes to the South and then install a new cobbert to the south of hre's driveway if you see on my sketch there um a new cber going at an angle and the flow would work just fine it would work good so I respectfully asked the Calbert to address this issue do not ignore it we all know and I think we can all recognize that it's illegal the way it is now and uh sure the attorney could have affirm that for you so so Mr say your last r r okay I want to just confirm I had that correctly um as you said we did discuss it um so your number six about me making the decision is not true so um we did meet prior but all of the council was um they were all notified after um Ron and Adam and I had met with it and then we were given full report at the last council meeting so I will turn this over to our attorney and to our engineer with some comments on this okay go first you go first well mayor so city engineer made a presentation at the previous council meeting indicating that the drainage pattern has been this way for a long time and assuming that's true then the situation is not illegal um City and other people are allowed to maintain existing drainage patterns so an issue can arise if there's a significant change in the drainage pattern that results in flooding um but I've not seen facts or data on that in this situation I've heard from the city engineer that the drainage pattern is essentially the same as it's been for many years so absent other information or evidence my understanding is that the situation is not illegal Ron do you have any comments yeah I I emailed Dan the photo of the exhibit that I had from last time and a few photos so they're ready to bring up on the screen you want me to kind of go through that again I'm not sure sure since the resident was not present correct so they Dan brought it up on the screen um it's a 15inch covert that goes under Ooa it drains 085 Acres from the uh east side of the road under it through Mr ryman's property uh that Cayenne colored blue is the drainage pattern it does diagonally go across the back of his yard um that development was platted in 1972 so 52 years ago so that drainage pattern has been in existence for 52 years uh the development to the north occurred in 1997 and uh nothing has changed that was Farmland before that and the water up this lot to the east of Ooa went through the lot on the west of Ooa uh prior to that to keep the water from going across another person's property after it was platted uh that Heritage Hills was paved in 2021 and was state was last paved in 2022 so they are fairly recent uh pavement projects but there was nothing to let uh let us know that there was any concerns or issues I did go out there and take a photos the day after a 2 and a half inch rain and everything was dry this is the culbert underneath Ooa at the uh can't remember if that's the exit or the entry point but it is dry that's the exit point that is also dry this is after a 2 and a half inch rain from the night before and this is the neighbor to the to the West of Mr risen's property where the drainage comes back out and reaches the uh the ditch along 82nd Street and that is dry so it all draining uh effectively through that property without you know it once it rains it passes it's gone it's a very small drainage area 085 Acres so it doesn't take much time for that uh water to drain off of that property and move on C other questions or comments Madam May yes so what you're saying kenth that after tonight or after this rain today you're going to see what in your yard are you going to see an ex excess amount of water does it does it enter your your home um I'm curious as to what you see that maybe we see differently or that staff has seen differently um like right now or soon they'll be like a stream going between my house and my septic system it'll be flowing most of it flows through but what remains there is not really like your problem you know I could I could solve that with a little bit of grading work but it does flow through which is not allowed I have talked to my attorney I haven't hired him yet to address this issue but you know if I'm forced to I guess yeah it flows right between it comes like within 20 feet of the house and about five feet from the septic system that's right mayor this was ploted in 1972 that's when the city wasn't a city uh it's Township right County reviewed these and for for whatever reason they didn't put drainage and utility easements where they were uh probably necessary if this was a development that was completed today we certainly would put draining utility easements on those Parcels but uh this is 52y old plat completed by the county back in the day and as um Dave the City attorney is stated uh this is a historic drainage way that's it's been there more than 15 years and thus in put it a term I guess prescriptive I don't know how Dave would call it but uh but it doesn't doesn't release you of obligation though sorry well mayor I would just say Mr ryzen does hire an attorney I'd be happy to talk with that attorney about what their legal claims are yeah I mean the last time I did that I've only done it one other time but he wrote him a letter and pointed out their unlawful behavior and that was the end of that they dropped it immediately but it cost me money to do that you know it cost me a few grand which is unfortunate all right thanks for your time thank you all right we were still under the open Forum we have any other comments comments All right we will close the open forum and move on to consider our agenda for approval does anyone have anything that they would like to add or delete at this time Madame mayor yes Ryan on the consent agenda I would like to bring down 3.3 and 3.7 okay we can make those 6.1 6.2 you said 3.3 3.7 correct correct all right any other changes then a motion would be in order Madame mayor yes I move to approve the agenda as amended second motion by Ryan seconded by Jeff is there any discussion all those in favor signify by saying I I all those oppose same sign motion passes next item is our consent agenda a motion would be in order Madame mayor that's ran I move to approve the consent agenda as amended s second second motion by Ryan seconded by Tina is there any discussion all those in favor signify by saying I I all those oppos same sign motion passes moving on to item 4.1 Michaels I will turn this over to our city planner thank you mayor uh Michaels construction is currently located at lot one block one Michaels in Edition which is located north of 70th Street West of kler Avenue they received their approvals in 2020 for construction of a 23,000 foot office along with the shop Warehouse building and larger contractor's yard uh their business has been successful in oo so they're proposing a basically double the office uh on site that is subject to site and building plan review under the zoning ordinance that doesn't require a public hearing but it's still reviewed for consistency with the requirements of the zoning ordinance and then obviously application for a building permit subsequent to that uh the existing office is 23,000 Square fet uh the addition to the uh site plan anticipated expansion in the future uh City staff and the city should be pleased that this is coming forward so soon after initial construction uh but there's no change in terms of the site plan to the shoper warehouse the contractor's yard and only minimal changes to the um site plan around the office itself based on their prior planning for this uh the building is located to the west of the existing office they changed the orientation to be North South versus basically inline with the existing structure but it does meet all setback requirements from Prim lot lines uh off street parking they're adding additional parking to the south of the existing lot on the south side of the building so they'll have a surplus of 30 parking spaces once completed developer provided grading plans for the proposed improvements to address storm water management and also utility connections which were reviewed by the city engineer and found to be consistent with requirements of the zoning ordinance uh if they do add any exterior lighting we review that is part of their building permit to make sure it complies with the zoning ordinance requirements the design of the structure basically mirrors that of the existing building with tip up concrete panels with color added to it the design is basically the same as as the exterior finishing height they're showing one additional sign on the entryway for identification purposes that would be subject to a permit issued again with the building permit City staff recommended approval based on consistency with the comprehensive plan both in terms of uh the land use as well as the Economic Development Goal to encourage in place expansion of existing businesses within the city uh the pl plans all comply with the requirements of the zoning ordinance Planning Commission as I said considered the application at their meeting on August 19th uh they had no concerns the Planning Commission did note uh that they considered the site to be exceptionally wellmaintained including all the Landscaping that was put in for screening and aesthetic purposes so um we extend our appreciation to Michaels for those efforts but uh the Planning Commission voted six to zero to recommend approval that would be subject to seven conditions that we've outlined in the findings of fact decision presented for the council this evening you does the applicant wish to comment just to com just I'm Jack Broden I'm president of RJ Ryan construction and we were the general contractors on the original facilities in in cooperation with Michaels and we'll be the contractor for the for the new facility as well so we're just uh happy to be back and and working with Michael so here to answer any questions that anybody might have but we're anxious to get going perfect great all right we may call you back up but all right Council you have any questions for the planner or the applicant or is a motion in order mayor I could make a motion all right motion to approve site and building plans for an office expansion on lot one block one Michaels addition sub object to the conditions as stated with the findings of fact and decision as presented second motion by Jeff seconded by Tina is there any discussion all those in favor signify by saying I I all those oppos same sign motion passes thank you thank you moving on to item 4.2 Prairie Park Estates ban so item 42.2 is uh Prairie Park Estates it's a preliminary plat uh that includes one existing single family lot with a house upon it and five proposed single family lots this would be located just west of the de uh Scottdale lury soccer fields at Prairie Park north of 90th Street uh the applications include a a conditional use permit for uh lot sizes to allow Lots smaller than 20 acres and less than 450 ft in width U five of the lots are proposed to be accessed via Private Drive versus public Street which requires conditional use permit and then we're averaging the Wetland buffer required amongst the existing Wetlands within the property all this is evaluated based on the performance standards and the criteria established by the zoning ordinance the area surrounding the site which is approximately 39 acres in area uh consists of the City properties to the east and south uh to the West are the 10 acre lots as part of the Hidden Creek Trails uh development and then to the North are uh rural Residential Properties that haven't previously been uh platted or developed Beyond uh meets and Bounds rural Pro properties uh the city comprehensive plan guides the property for low density residential development when sewer and water is available in the future U that is many many years out uh based on the city sewer staging plan uh adopted as part of the comprehensive plan so what the city allows uh as an interim use is development at one dwelling unit per 10 acres using septic and well systems now the property that exists today has the one house upon it property to the West was originally part of this site that was subdivided off and had a house built upon it and then the city acquired the property to the east for the public works City Hall facility when the city acquired that property uh the development rights for the that were remaining with Mr Bean's property were assigned to this lot so that he would have the ability to subdivide Lots in the future which he's now proposing to do with the preliminary and final plat that's been submitted so on the screen North is to the right U because of the orientation of the paper uh so the lots are all at least a minimum one acre in area and not more than two and a half acres in area the setbacks that would apply generally are from 90th Street for the lot at the South End of the property uh as that's the only public Street the private drive basically runs along the plat line along the west side of Dale lury fields to provide access for Lots one through five in the future it would also provide access to Mr Bean's existing home if he were to sell that property in the future the driveway needs to be rerouted to that uh P the ACT turnaround at the end the private dries basically been designed as a city street but it would be the responsibility of the homeowners to maintain U long term and including any resurfacing maintenance or reconstruction in the future there would be drainage and utility easements at the perimeter of the Lots over the private drive and over all the wetlands and Wetland buffers within the property uh for storm water management purposes all the wetlands that exist within this property and they are extensive because ATO Creek runs through the site those are all being contained essentially within Mr Bean's lot that he will retain ownership of uh until that's further developed in the future but again overlaid by easements utilities would be by septic and well system each of the five proposed new Lots has a primary and secondary Well site or excuse me drain field site to accommodate that service uh even though this is adjacent to the city's Park property uh there's no need to acquire additional property from this development so there' be a park dedication fee paid for the five New Lots at the time of final plat approval City staff recommended approval based on the use being consistent with the comprehensive plan and that the plat complies with the zoning ordinance and subdivision ordinance uh public hearing was held to consider the application on the Planning Commission meeting on August 19th there were a number of property owners from the surrounding area with interest in the project uh that spoke with either comments or questions at the public hearing so we provided the draft minutes of the Planning Commission as part of your packet to review that Planning Commission discussion focused primarily on the use of the private drive for Access U the real constraint there is there isn't enough depth between the Dale lury fields and the wetlands to accommodate a public Street plus the Lots um with the understanding of the people buying these lots that they're going to be responsible for that roadway in the future uh the construction of that roadway is adequate uh for Public Safety purposes as well as access to lot so uh City staff had recommended approval so did uh a majority of the Planning Commission support that with the final vote of 5 to1 to recommend approval uh so we've drafted necessary findings of fact uh in the city for Council consideration this evening consistent with that recommendation which is subject to 10 conditions does the applicant wish to comment hi georgean here I um am representing the applicant here uh we don't have any questions right now but we do look forward to working with the city and our legal and um engineering firms that we've hired and uh we're just looking forward to this development if you approve it thank you thank you all right Council questions for staff or the applicant on this project Madame mayor yes right I know there was some discussion maybe about uh what type of Private Drive that had to be whether it had to be curb and gutter or we could just do simple covert are they is the applicant able to make that decision or do we have to set the standard mayor currently the condition is written that they've submitted these plans with the ultimate design is subject to review by the city engineer the final plat comes back to the council for Action uh staff has discussed reducing the width of the drive 24 feet and only requiring curb on one side uh at the access point to maintain the front yard given the short setbacks um so that may be an option that we'll explore with the developers engineer and bring back with the final plat construction plans makes sense thank you any other questions or comments I would agree with Ryan on the flexibility of the driveway since that was a major concern um and I guess it's not the driveway it's the road to their homes but just that the impact and there was a lot of discussion just you know what does that look like in 20 years 25 years and and how you know is there an expectation those homeowners expect that it's going to be me M mayor there'd certainly be an advantage of making it look less like a city street to temper that expectation are they Dan are they allowed to put a sign up that says private roads okay um and we and it was added in that they're going to have a fence in because there obviously was concerned that since it STS to the soccer field that people would end up driving down this road to sit in their car not and watch your kids play soccer potentially or the to those neighbors are running through mayor we color code the street signs Greener for St stet to Blue Earth for private streets do we have other private streets yes yes mayor for townhouse developments for example oh course course yeah but they would also be allowed to put up a much larger sign that says Don't dve most people wouldn't recognize the blue sign is is a private but yeah that was the reasoning behind the two different hes okay any other questions otherwise oh yes would that private road sign be required or would that just be an option option all right if there's no other questions then a motion would be in order May let's make a motion okay motion to approve a preliminary plat and conditional use permit for Prairie Park State subject to the conditions stated on the findings of fact and decision as presented second motion by Tina seconded by Ryan is there any discussion all those in favor signify by saying I I all those oppose same sign motion passes thank you thank you thank you all right moving on to item 4.3 EXL energy thank you mayor uh EXL energy is proposing to build a electric substation on lot two or excuse me lot one block two of the ATO Industrial Park second edition uh the property is guided for industrial land use and zoned I2 District uh there is a transmission line that goes across the South line of the site that the substation will connect to uh in order to distribute power for um areas within XL Energy Service District uh the surrounding areas to the north of County Road 37 is all guided for industriales both within City vgo and City Albertville to the east of the catler avenue rway on the south side is existing development within the city of Albertville consisting of town home development uh on the east side of catler then on the ATO side of the roadway are three rural single family homes and the balance is all cultivated field planned for future low density residential development at such time as sewer and water would extend South the uh substation on the site is allowed by conditional use permit as part of any zoning District within the city although uh you ATO we've zoned the one existing and two future substations to be ins District which provides some uh better adaptability in terms of setbacks and lot requirements of use so uh that change is recommended here as well uh you can see on the map this is shows EXL Energy's uh existing service area somewhat limited within the oo portion of uh this location west of um Albertville and south of I94 but still an important surface area that we'll see future demand as part of continued growth in the city uh the lot is existing as part of the oigo industrial park which was platted in the90s the lot is at least two acres in area and 150 feet to Jansen Avenue to the east uh the substation needs to be set back uh 5050 ft from all property lines unless uh the structure would collapse within the site um so all of the Tower and transmission or distribution facilities comply with the 50-foot setback there is the utility building at the northeast corner of the installation that would be uh part of the uh electrical equipment uh that's only 20 in height obviously isn't going to collapse outside the property line so its location is appropriate access would be off of existing Jansen Avenue via a single driveway uh leading to a gate enclosure leading to a gate enclosure surrounding the uh substation it's the driveway between the street and the gate needs to be paved the interior of the site is basically a rock surface uh so that uh it can be more easily maintained there is a fence at the perimeter of the site uh it's 10 feet in height energy originally proposed the south side of that fence be a a concrete wall with a stone face bascia on it the Planning Commission added a condition that the uh Stone bascia extend to the east side of the site as well as catler Avenue maybe a future major roadway Corridor so for aesthetic purposes along that route uh they felt that was appropriate at this time uh the developer provided uh grading plan for the site including development of two storm water basins to manage storm water within the property U because of the transmission line on the south line of the property is possible to use Landscaping to screen uh the installation so thus the 10ft tall solid wall um the balance of the site outside the fenced enclosure would be natural grasses consistent with how the city maintains many of its U utility properties exterior lighting would be used only on an as needed basis uh but pictures would still need to be shown to comply with the requirements of the zoning ordinance as part of uh their building permit process uh here's the profile of what you would see of the site from County Road on the west side of the site is the 115 kilovolt equipment uh with 50 foot height Towers up to 60 feet the smaller distribution equipment is on the east side of the site it's only 35 ft in height with 60 foot Towers again the 10- foot fence uh in stone veneer wall along the south and east sides uh we did receive public comments with questions concerning electromagnetic radiation uh and so so EXL energy provided uh information sheet addressing that comment they also spoke to it during the public hearing uh to resolve those uh questions uh to the satisfaction of the Planning Commission City staff is recommending approval of the application because the installation is needed to serve existing and planned land uses in the City and surrounding area in the future consistent with the growth plans of the comprehensive plan uh the plans also comply with the requirements of the zoning ordinance Planning Commission did hold their public hearing on August 19th to consider the request um there was some discussion by the Planning Commission about where this distribution line connects to where it serves uh which was responded to by EXL energy there were also comments from land owners directly across from the site with questions uh pertaining to a range of issues concerning the site uh so we included the minutes again of the Planning Commission for your information uh but after closing the public hearing the Planning Commission voted six to Z to rec approval U so Council actions this evening would be consideration of ordinance 2024 63 amending the zoning map and approval of finding decision approving the conditional use permit and interim use permit subject to the conditions as outlin thank you does the applicant wish to comment thank you madam mayor uh Council Scott johnell energy clean relations manager so I'm here for any questions and I brought couple engineers in case uh we need that in-depth expertise so thank you thank you all right Council questions for staff or for the applicant mam yes Dan would you mind going to the one of the earlier slides has the picture of the site like an actual photograph and then can you update our the internet connections oh great yeah it said it was unstable um I could peek it yours um so this is something I didn't realize um this is something I didn't realize until I just saw this picture but it looks to me like there are transmission lines above and then there's sort of the local lines below that almost like they're running perpendicular is that correct so thank you madam mayor counil I I can kind of answer that without even so typically our distribution would be underneath the transmission line they have to be separated so that's not necessarily our wires it could be another another um electric we share poles and stuff though okay um so that could happen okay can you come up to the podium thank you drew birdsley project manager for EXL so in that picture the the poll that's just barely in the picture that is a distribution pole that's running that distribution line runs north and south along catler okay the the the one there in the center of the picture that's our transmission line structure that's the transmission line running East and West along side Main Highway there I gotcha do will this project change that configuration at all I mean I know you're gonna have feeders coming off of it but no so the only part that'll change is uh where that transmission line that's running alongside the highway now that line will actually break and turn in and then come back out the same path you'll just see it go in and come back out okay so that's the only change okay thank you all right any other questions and a motion would be in order 4- 63 amending the zoning map and approve a conditional use permit and interim use permit for lock two block one ATO Industrial Park second edition subject to the conditions stated on the findings of fact and decision as presented second Ryan seconded by Jeff is there any discussion mayor uh one item of note it's actually ordinance 2024 d09 just a correction for the record did I see it oh no you said oh it was written but it's actually 20240 it's an error in our packet correct okay those Chang amend Jeff do second second all right thank you for the clarification um is there any more discussion all those in favor signify by saying I I all those oppose same sign motion passes thank you you moving on to our engineer at SEO Creek Rehabilitation right got the project for e just for so here there oh and e thank you all right Council questions it was very thorough thank you Ron I did have one question yes I can't remember if it was this project or a different one but I think I asked if there was a potential for this to be a future sort of Park Trail or something is that possible okay sure mayor the Wetland just to the east of the creek in the center of the city is also planned to have basically a natural Greenway quarter completely surrounding it as the property adjacent to it develop okay thank you that's the place we went on the Park tour right yes okay we saw where the bridge was going to go yep or future Ro I guess I should call it the motion would be in order mayor and Order advertisement for bids for the yo Creek Rehab abilitation project city project number 24- 07 all those in favor signify by saying I I all those opposed same sign motion passes moving on just a point with the internet um that would just the zoom that's being disrupted the actual audio recording is is functioning properly but the zoom is very questionable it appears right now so we kept getting signs up here that says yeah in your packet which was 3.3 originally Ryan Yes uh Madam may I believe we discussed this probably about a year ago at this point um and at the time I stated you know my position is I'm not in favor of the city um abdicating its responsibility to the county or abdicating its authority to the county on this issue so I just needed to pull it down because I'm I'm not going to be supporting this one Adam can you comment on this this was brought up at admin subcommittee yeah mayor councel uh the authority being granted to right County under the joint Powers agreement would just be for the issuance of registration uh renewal uh and also compliance check so statute outlines two pieces of compliance County would be doing the city would still retain all of its zoning Authority uh under local ordinances uh that Dan will be presenting to the Planning Commission sometimes fall Council uh sometime after that so in terms of local control uh the city would still have some of that uh to the extent that paperwork uh and also the annual mayor I I just add one comment to that which is it makes some sense to me to do it this way since you have right County doing your law enforcement because I think for the compliance checks it'll probably be similar to a liquor store compliance check we have to send in a individual who looks like like may be underage and I imagine right county has the Staffing to do that better than the city so that might be one area where it' be beneficial to have Ray County doing that type of work mayor and coun they do do that for alcohol and also for the Paco licensing currently so it would be consistent with that I think one of the issu M mayor one of the issues we talked about was what this in effect does is pool all the business licenses for cannabis businesses with the county so the county if we granted this jpa would have the authority to say zero licenses go to wato is that correct mayor is my understanding that it would not be correct City attorney I don't know if you have any comments on that but mayor the the state statute requires a certain number of licenses to be issued by the state for a given geographic area and then the City or the county just has to register those license so I think the same number of licenses would have to be issued under the state statute but Dan has a count mayor so the statute does provide that City must issue at least one license per 12,500 people the same regulation applies countywide if adopted that way um you're not required to adopt that limitation it's optional the way this jpa has been structured and the discussion from the county is they wanted any restrictions on the number of registrations included in the local ordinance not as part of this jpa so that would be an issue separate from that I'm not sure I understand that ke so what the county has said is part of this joint Powers agreement the question staff had initially was well if you're going to put limits on the number of registration shouldn't that be covered under this jpa the county said no that should be in your local ordinance to restrict if you choose to do so meaning by zoning by zoning sure so but but the state is not is not going to allow us to Zone these businesses out of existence that's you go has to allow at least two within its zoning ordinance we can set the number in zoning okay this as we read it we talked about it during admin was as Adam said the compliance part of it so they're already coming to our city to do with us we would have to get staff and manage us ourselves for the compliance checks M State mayor there's also compliance involved with going and inspecting the actual product types of products being offered whether they comply with the limits on THC and other contents so it's a level of certain technical expertise that exceeds the city's current capabilities and would be seen at least from staff's standpoint as a extra burden right um have information in front of us a motion would be in order May a motion motion to approve a joint Powers agreement between re County and the City of oigo for the enforcement and regulation of candidates second motion by Jeff seconded by Britney is there any discussion all those in favor signify by saying I I all those opposed same sign I motion passes 4 to one okay moving on to item 6.2 which is7 in your packet ran yeah Adam mayor thank you um I really don't know where to start with this one I think it's just what it kind of comes down to is this is a fairly ambitious plan for Prairie Park um I think it's just too much to be blunt um um I understand that the costs at this point are just rough estimates and don't they're not we're not committing funds to this at this point um but I think the right time to sort of say no is now um if if I think the project is too big and I think it's it's too big I think some of the playground items uh having um you know the ball field updates um the concession building I think it's it's just too much for our Park um I would in order for me to be comfortable with it I'd need to see it probably significantly downsized and I would like to see um although I understand it's early in the project I would like to see a lot more private um investment um make this more financially feasible right now at the estimate of 16.2 million is uh is just too much for me so we have Nick here Nick would you like to make some comments thank you mayor council uh tonight in front of you is a consideration of the adoption of the pre Park master plan uh to Ryan's Point uh ambitious I think is what the community voiced what they wanted um we did you know go out and do various forms of community input we created a new advisory committee that guided this master plan we've had uh you know online options such as Survey Monkey we had social pinpoint we've had many iterations of the concepts before the preferred master plan we had two Park commission meetings where we allowed residents to come in if they so chose uh the advisory committee also came and presented kind of what is all in this plan and formulated before tonight for your consideration for adoption um I think this is a very well put together plan and we did try to utilize the existing amenities and upgrade the things that are currently offered in Pro comes to the playground being out of date there's many things that this park needs uh due to its age and so that was the reason why this plan was kind of put into place back in August of 2023 I think the RCA did a nice job of outlining kind of the process step by step of how we got here tonight for consideration of adoption um I know many of you have seen this plan before so uh I'd open it up to any questions at this time to you guys Council questions my comments will I think we can all agree that when you look at the bottom number of the price day it's a lot but we have one major community park at this point and the hope is to obviously it potentially happens in other areas to get other areas that we can acquire property but at this point we don't have anything um I would agree that I appreciate all the level of input we got both at events and online um I I am concerned that some of this puts us in a bad position with ADA compliance that we're not in that or look at being deficient in certain areas I I guess I struggle with the point that just because we agree to move ahead with this doesn't mean that we can't be pursuing to Ryan's Point those private Partnerships I think those can happen in conjunction um these this buildout what's the end date to it next year or in a few years but I think having a guide to be able to show our community that we're listening and that we're receptive to ideas that they have in the center of our city is important also right mayor um so the document is first and foremost communication because the for a long time the parks and rec commission had difficulty defining ultimately what they wanted Prairie Park to be and this goes back to when the first Park and Recreation director was hired and time was coming up to start redoing elements of Prairie Park again plus you get bombarded by competing interests for improvements at one point it's soccer fields it's lacrosse it's baseball so the city needs to prioritize what its PRI main focus is for these improvements ments and also take input from these other groups and say okay here's the cost for your improvements so we can this would fit within the plan for the park as to how it can be built out but here's the cost for it and so now as an implementation Tool uh you have to look at a capital Improvement plan and kind of some of the improvements at Prairie Park happen fits and starts like the soccer fields Etc but this document is more useful to the park and recreation department to the community to those uh Sports associations to then discuss how to some of these things in a more organized way that hasn't happened in the past so yes it's a huge number is the city going to probably undertake this alone no um simply because it's not affordable and wouldn't benefit enough of the community and there are also other Park priorities that need to be accommodated but it at least gives the park staff a basis for discussion with the community and these Community groups that can then be brought back to the council as part of and mayor one more point to Dan's point is that you need a document like this a guide to pursue grant funding right so you can't just go we need x amount of dollars because we want them we need a a guiding document to say we're looking to improve XYZ this is what our preliminary cost estimates show we're applying for this grant funding because this shows that it is needed so this is a document that will help us pursue alternative funding as well M may I would just um also I just think it's important to give to those that were that served on the Prairie Park master plan committee because they were residents that had small kids residents that had older kids that are grown and not no longer living in their home um and they volunteered their time in their evening to come and voice their their their wants and their needs and their desires and they're also what they didn't want and didn't feel necessary um so to kudos to them because they really did get it was we had members from Rosa softball associations and Boreal so it it was a very good conversation with a very good group of residents that aren't all Al aren't all alike and all with their lives right now so I I really do I i' appreciated their feedback and them showing up so with with that Madame mayor I would like to make a motion to adopt the SEO Park master plan dated August 8 2024 second motion by Britney seconded by Jeff is discussion all those in favor signify by saying I I all those oppose same sign I passes four to one thank you thank you yes all right we are still under city council reports and updates uh first item is Heritage preservation commission gry thank you mayor uh HPC is has a few things coming up they are working on the friederick um Park sign they are looking to meet with the frii family again to gather again just more information and to send our our parks and direct director Nick Jacobs uh they are also we have um committee members that are ending the shipo conference this year and then lastly just getting ready for pre park or prayer festival at prair Park September 21st next item Park and recognition thank you mayor we unfortunately did not meet we uh did not have enough items for the agenda but we now approve the pray for master plan uh Planning Commission was me um our Council agenda tonight were at the Planning Commission so that included the beian property Exel energy and Michaels expansion next is Public Safety commission thank you mayor um it was a small group uh for Public Safety the biggest um well a couple big things that we discussed was of course we all know now that County Road 36 has been reopened which is awesome so um people can drive through and not have to worry about anything there um we of course talked about Prairie Festival which is coming up September 21st um we'll be there um with um the touch of truck and um all of us will be there and attending and um so feel feel free to come on over and um say hi and and um have some fun 21st of September does anyone else have anything I would just say which was in our update um Ryan and I which I see Paul mcne is in the audience also 94 still very well attended um good for our area once it's done um we have lots of stuff lots of major construction around us so um we held off it it rained then it was sunny then it rained then it was sunny but the picture was taken in the sun does anyone else have any updates Madame mayor yeah I did attend the ISD 728 communities partner meeting uh that was um it's always with our fellow neighbors and obviously Daniel bitman Dr Danel bitman and 90 new teachers this year across ISD 728 um so there's kind of ramping school year and getting ready it's gonna be it's gonna be a good year it's a lot of new teachers all right we will move on to staff updates Sabrina thank you mayor Just One update uh newsletters will be getting mailed out in the next week or so so residents should be getting that in their mailbox after Labor date okay Adam mayor council uh as a reminder city offices are closed on Monday for the Labor Day holiday and I do have one request to schedule a special meeting I would be looking on September 9th which is a council evening uh at 5:30 pm does that work for everyone checking our calendars really quickly 30 yous okay I will make a motion to call for a special meeting on September 9th at 5:30 second motion by Jessica seconded by Tina is all those in favor signify by saying I I all those oppos same sign motion passes Adam anoun mayor okay Audra thank you mayor I have no update all right Dave nothing to report thanks mayor Dan mayor no update this great Ry thank here since the last counseling Lots of city street Works been completed yes uh we had the mill and overlay overlay projects have completed except for the striping the microsurface projects have been completed throughout the city and then uh reconstruction of streets within halls and b o Grove Estates as still ongoing but uh they were looking to start putting the base layer down we'll see on that um they also fogged some of the newer streets so lots of works and it's good that they're almost all complete because of course school's starting so all that construction work is out of the way for for the school buses and and kids walking to school so thank you R County evening good evening good evening uh not much to report uh this time around um a few things I have uh received a couple more emails from the city about traffic complaints we have immediately got on specifically for 85th Street the Speeders on that feel free to keep sending them to us we've been going through each one uh each one routinely so uh we'll get them at them as soon as we can uh the other thing to comment school starts next Tuesday Tuesday so um probably expect a decrease in uh the juvenile complaints we've had through the summer that we've have because they'll go to school so but School problems you know football games sure schol he that you know things around Halloween you know those are timely but uh yeah but expect a reduction in that though we have been uh keeping up on presence in uh the hotpots so uh it's been pretty decently quiet past couple weeks in terms of our issues so fingers crossed so um that's basically all I had so far any other questions comments concerns anyone have anything thank you thank you thank you all right no one has anything else and a motion to adjourn would be in order so moved second motion by Tina seconded by Jeff there any discussion all those oppos same sign the meeting is ended thank you all for attending this evening 90 wasin