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[0:00]
Please. Mayor Randy Burke here.
Commissioner Ken Gaspar here.
[0:03]
Commissioner Darren Indino here. Please
rise as you're able for the pledge of
[0:06]
allegiance.
[clears throat]
[0:10]
» I pledge algiance to the flag of the
United States of America and to the
[0:16]
republic for which it stands, one nation
under God, indivisible, with liberty and
[0:23]
justice for all.
Okay, before we get to the approval
[0:29]
agenda, there's a uh Mickey, take you
want to amend the agenda.
[0:33]
» I do. I want to amend the agenda. I've
got some uh road improvement updates. Uh
[0:38]
some I got last evening, yesterday
evening. So, I want to bring council up
[0:43]
to that and then just some other uh road
improvement projects. So, like to amend
[0:48]
the agenda to cover road improvement
projects.
[0:52]
» So, add item K.
>> Yes.
[0:55]
Do I have any motions to the amendment?
>> I move that we add item K to discuss
[1:01]
road improvements to the agenda.
>> Second.
[1:04]
» Call the role.
>> Commissioner Darren Indina.
[1:08]
» I.
>> Mayor Randy Burke.
[1:09]
» Yes.
>> Commissioner Ken Gaspar. [clears throat]
[1:10]
» I
move that we approve the agenda.
[1:14]
» Second.
>> Call the role.
[1:17]
» Commissioner Darren Andina.
>> Hi.
[1:19]
» Commissioner Ken Gaspar.
>> I.
[1:21]
» Mayor Randy Burke. I [snorts] Oh, I said
I
[1:26]
Okay, let's move on to regular business.
Uh we're we're going to vote on two
[1:30]
things today. Reading consideration of
bill number 9203. Staff.
[1:35]
» Yes, this was uh we talked about this in
the work session last month and then at
[1:40]
our regular council meeting, the wrong
special use permit was placed in the
[1:44]
packet. So, this is the corrected
[snorts] uh resolution. This deals with
[1:50]
the seating at Great Davees on Broadway
and the placing of tables. Um council
[1:56]
was given photos. This is the area that
it will go into and um this is u AI
[2:05]
generated but this is the concept that
great Daves is is looking at. So, uh,
[2:12]
the packet's been corrected
[clears throat] and, um, staff has, uh,
[2:16]
is recommending that we, uh, approve the
special use permit.
[2:20]
» Have any motions on the bill 9203?
>> Do we approve bill number 9203?
[2:27]
» No second.
>> Okay. Any [clears throat] discussion? I
[2:30]
think we've already been through all
this before.
[2:33]
» So, it's just a we're correcting error
that we would have voted on on the last
[2:37]
city council meeting.
>> Okay. Call the roll. Mayor Randy Burke.
[2:41]
» Yes.
>> Commissioner Ken Gaspar.
[2:42]
» Hi.
>> Commissioner Darren Nina.
[2:44]
» Hi.
>> All right. Reading and consideration of
[2:48]
bill number 9204. Staff.
>> Yes. This past weekend, uh, council
[2:52]
approved the open container for the
smoke and sound. Uh, we didn't have any
[2:57]
issues related to open container. Um,
council had said that, uh, there may be
[3:04]
future events that we'd need to come
back and and look at that. There is one
[3:08]
this weekend that would like to be
considered for open container. I've
[3:12]
changed this from a special use permit
to a special event permit. Uh the reason
[3:18]
for that is this is a one-time event and
it would um allow for uh open containers
[3:25]
to be permitted. Um Brier House would be
serving. closure of the streets would be
[3:32]
from Broadway North to um Bond Street.
And actually, I think they're going to
[3:38]
close it at the alleyway there, but uh
we're This says Bond. Um the time frame
[3:44]
of this would be 5:30 to 8:30. Uh same
procedures that we saw at Smoke and
[3:49]
Sound. There would be a special cup and
then uh with wristbands contained in
[3:54]
that block party area. Um this is a
cancer awareness event. They're going to
[3:59]
have
uh block party kind of style out there
[4:03]
with music, cornhole, some other games.
And so it's just a permit to allow open
[4:09]
containers.
>> Do business
[4:13]
» Okay. Which I'm sorry. Go ahead.
>> Me, too. Do businesses who require the
[4:17]
request of this permit have to have a
permit [snorts] in place to be viewed?
[4:21]
Is it like it has to have a
>> Yeah, I I print off a hard copy permit
[4:27]
and uh they have to have it on display
or available. It doesn't have to be on
[4:30]
display, but it has to be available for
>> to show.
[4:34]
» Thank you.
>> Okay. Related to this uh is we just did
[4:38]
this down [clears throat]
event. Uh it's important we capture
[4:43]
those lessons learned. From what I can
tell, it would went pretty well. I
[4:46]
appreciate the police presence down
there. Okay. Um, don't bring your M
[4:51]
wraps down here. Okay. Don't scare the
folks away. Uh, so it's when are we
[4:57]
going to capture those lessons learned
>> that is or is we've already had a
[5:02]
meeting.
>> Okay. So, we've already had a meeting.
[5:04]
We capture lessons learned. Uh, and we
it's going to it should help us in
[5:09]
future events. But I would tell you from
everything that I've heard and seen, I
[5:13]
appreciate the emails from you uh Dave
Compton. uh from everything I've seen it
[5:18]
w it was done very well. Okay. So my
appreciation to uh to the public safety
[5:24]
folks uh for putting that together. They
comp put put a great plan together for
[5:28]
that. So I think we can this event based
on the experience is relatively low
[5:34]
risk.
[clears throat]
[5:36]
Any other comments before we entertain
motions?
[5:42]
» I'll move that we approve bill number
9204. Second. Call the role.
[5:46]
» Mayor Randy Burke.
>> Yes.
[5:48]
» Commissioner Ken uh Ken Gasmar, excuse
me.
[5:50]
» Hi.
>> Commissioner Darren Indina.
[5:52]
» Hi.
[clears throat]
[5:55]
» Okay. Presentation and discussion. Monet
Main Street facade grants presented by
[6:00]
Monet Main Street.
>> Yeah.
[6:01]
» Bob, you want to come join us at the
table here?
[6:05]
» Bob Burgerer is here to represent Monet
Main Street. Uh this was a request that
[6:09]
we received from Monet Main Street. And
the letter that Bob sent is in the
[6:14]
packet. Yeah, just briefly, I have my uh
hat on as Main Street's vice president,
[6:19]
and the city has uh has given us $25,000
uh for uh it's been designated for grant
[6:27]
matching and I want to give you just a
very quick update. Uh we have hired a
[6:32]
grant uh writer uh Borealis Consulting
does has been doing some work for Aurora
[6:39]
um Aurora's downtown program and uh she
has uh she helped us put together we had
[6:46]
a $1,000 grant for our flower pots. Uh
they're working on a farmers market uh
[6:53]
grant right now as well as uh exploring
some arts grants with some of the stuff
[6:59]
that Nikki is doing in murals. And that
work is being coordinated by Cassie
[7:04]
Branch and Scott Thrasher. Uh we do want
to uh to tell the city that we're using
[7:09]
our own operating funds to pay the grant
writer. We're not using any of this
[7:14]
25,000 because that was set up to be
used as uh grant matching funds. What we
[7:20]
would like to ask the board's permission
for is um like Ken, you're aware in the
[7:26]
past we've had facade grants for years
and years. 2012 we started that. Since
[7:31]
2012 to now, we've had eight of those
facade matching grants. Typically, we
[7:37]
ask someone down in in the uh the
Broadway footprint to spend money first,
[7:45]
have permission for the grant, and once
the project is complete and inspected,
[7:50]
they are paid a matching grant. In the
past, those have been dollar fordoll for
[7:55]
uh firsttime uh people that applied for
it. And as we started to get repeat
[8:01]
people interested in it, we had $1 for
every $2 spent. Excuse me. So, what we
[8:06]
would like, we haven't done this for a
number of years because we had the silo
[8:10]
hanging over our head. We had the dog
bark hanging over our head. What we'd
[8:14]
like to do is ask the the council's
approval to use up to $10,000 of that
[8:20]
$25,000
uh for a 2026 facade grant program. And
[8:25]
you have, I think you have in your
packet the the type of cover letter that
[8:31]
goes out to the community
uh telling them what it is. And and and
[8:36]
we've highlighted the main street
intends towards several matching grants
[8:41]
up to $2,000 for exterior repairs and or
improvements to enhance the social,
[8:47]
cultural, and environmental well-being
of historic downtown Monet. Essentially,
[8:51]
that's the outside of your building.
that that's the drive by that you see.
[8:55]
We've extended that in the past
sometimes to roof work as well.
[9:00]
» Can you give me an example right now
that's down there just so I kind of get
[9:04]
in my head what it kind of looks like.
>> What a example facade. So you said it's
[9:10]
been a while since you've done it. Do we
have a facade in place?
[9:13]
» Um that
>> Yeah. Um good question. just roughly
[9:20]
we've spent over $50,000 of matching
grants over over this number of years.
[9:25]
Um
the
[9:28]
» I think I think an example of the past
was [clears throat] one of the property
[9:31]
owners added an awning to their building
and so the cost of that awning let let's
[9:36]
use just use example round numbers was
$4,000. They paid the $4,000 and they
[9:41]
would receive the $2,000 reimbursement
>> from Main Street. So it could be
[9:45]
painting, it could be windows, could be
>> All right. But it sounds like it's also
[9:49]
it's also say the awning. It is also
consistent with the horse historical
[9:53]
aspect of downtown.
>> That's correct. Uh we've done a lot of
[9:56]
painting like uh Randle Mazery and
Randall's building down there. There's
[10:01]
been a facade grant on that for some of
the paint work that's been done.
[10:05]
Um,
uh,
[10:09]
HHR,
uh, the the 400 block building. There's
[10:13]
been a facade grant on on on that corner
right now where the bookstore is. This
[10:17]
is a number of years ago. There's Okay.
There's one down there.
[10:21]
» Uh, the the front of what's now Great
Davees that that's had some work done on
[10:26]
it over the years as well, too. So,
>> all right. So, and and again, there's an
[10:32]
application. The application has to be
approved in writing and the money has to
[10:38]
be spent by the owner. Re receipts, a
reasonable amount of receipts shown,
[10:43]
inspected by a member of Mon at Main
Street. And and then there's a dollar
[10:47]
for-doll matching for firsttime users.
Uh one uh a dollar for every two spent
[10:52]
for repeats. We try to encourage we try
to encourage first-time users
[10:58]
» for up to 2,000. the maximum that we
would the matching portion would be
[11:03]
$2,000 maximum per project. So we would
have roughly five projects. And what
[11:09]
what happens if you if you look at the
history, people ask for a grant, then
[11:14]
they don't spend quite as much. So the
match is not so much. We we had
[11:18]
basically $68,000 worth of grants
awarded. We we paid out 53.
[11:24]
[clears throat]
Sometimes people are a little
[11:26]
optimistic, their project's approved,
and they don't go ahead with it. We try
[11:30]
to ask that this be done in six months.
>> Thank you.
[11:34]
» Right now, we we hope to with your
approval, we'll we'll put this out and
[11:39]
try to make awards in the month of
October.
[11:43]
» Sounds like the facade's going to go a
long way with inexpensively to improving
[11:47]
the uh appearance.
>> It encourages first of all investment by
[11:51]
the property owner. they have skin skin
in the game
[11:55]
» and it's the drive by appeal that that's
the the things we're looking for.
[11:59]
» Okay. And that's probably what uh when
we did the windshield tour that was
[12:04]
probably one of those things.
>> Mhm.
[12:06]
» Okay. So it would be consistent what we
with the windshield tour that we had
[12:11]
folks from out of town. U the staff took
them around. Uh so it's consistent with
[12:16]
that.
>> Yeah. And and that's our specific
[12:19]
approach. But al also I I want to tell
the council we do appreciate the 25,000
[12:24]
and we're actively working on other
types of of matching grants using that
[12:29]
that money.
>> Good. I like that. Good.
[12:33]
» Any other questions?
>> Commissioners, anything?
[12:37]
» I'll just say that [clears throat]
thank you for the update. that fact that
[12:41]
you are uh pursuing a grant writer uh
because coming into this meeting I I was
[12:48]
not in favor of the request because I
felt that the those dollars would be
[12:52]
better spent for the long term of
obtaining grants [clears throat] that
[12:56]
would have a bigger impact. Um but if
you are pursuing that then um the the
[13:02]
the facade grant program I think is a is
a great one. It does provide that
[13:05]
incentive. it does put skin in the game
for those property owners to be able to
[13:09]
improve the properties that that we have
in on Broadway. So, um, no, I I thank
[13:16]
you for the update and and
>> I do want to repeat because we thought
[13:20]
it was important. We're not spending
that money to pay the grant writer. We
[13:23]
use our own operating funds to pay the
grant writer.
[13:26]
» Yeah. To me, the dollars are funible,
right? It's it's what if you're using
[13:30]
the the the dollars from the 25,000
aotment from the city to pay the grant
[13:36]
writer or using operating funds to pay
the facade grants to me it's six one
[13:40]
half dozen the other but um
>> is there a possibility I'm sorry is
[13:44]
there a possibility there'll be unspent
funds of the 10,000
[13:49]
» that we unspent
>> yeah that you won't use it all
[13:52]
» uh there's 10 yeah there's a good
possibility like we will approve four or
[13:56]
five projects and there's always
somebody that goes, I didn't have the
[13:59]
money to start. You didn't have the
money to start. You don't get you don't
[14:03]
get any matching or or they don't spend
as much is
[14:06]
» that's the key.
>> It's not it's not a blanket. You approve
[14:10]
2,000,
>> you know, pay me 2,000. We ask to see a
[14:14]
reasonable amount of receipts.
>> Thank you.
[14:16]
» Okay.
>> It's always been me in the past. I I've
[14:19]
inspected all the projects.
So, there's a [clears throat] process to
[14:23]
this because we have an agreement in
place with the $25,000 that will have to
[14:28]
be amended. Uh that'll have to go to
council October 8th. If if council wants
[14:34]
to pursue this, if you're in favor of
pursuing uh the what we're discussing
[14:39]
today, that would be reviewed by the
city attorney and you all would just
[14:43]
vote to amend that agreement to allow
this to take place because the facade
[14:49]
that the agreement was was
[clears throat] based on grant writing.
[14:52]
» Yeah, I agree with that. And so, let me
ask this. Is it as simple as
[14:58]
you just making an accounting
adjustment? Is the $25,000 in a separate
[15:02]
» checking account?
>> It is.
[15:04]
» It's not mixed funds.
>> I think for this to be clean though,
[15:07]
it's we got to go back to council and
have their approval.
[15:11]
» No, I understand. I'm I'm just saying is
it a situation? Could it be an
[15:14]
accounting entry where instead of the
grant writer being paid from your
[15:19]
operating funds?
>> No, [snorts] never mind. I just answered
[15:24]
my own question. Yeah,
>> yeah. Well, I think the experience with
[15:28]
uh putting the roof on the the silo, we
looked at $60,000 and we're able to 27.
[15:34]
So, what that tells me is that this is a
responsible partnership that minimizes
[15:39]
the impact on the taxpayers and this
would be something that we continue on.
[15:43]
So,
>> could they could they
[15:45]
» and there were other expenses. It was a
$42,000
[15:49]
» over overall Yeah. expenses.
>> Yeah. Thanks for correcting me. I was on
[15:52]
a roll there.
>> Yeah. I I just want to make sure. Or
[15:55]
could they could could Monet Main Street
reimburse the operating account from the
[16:01]
I'll always say the grant account if
they pay the grant writer already
[16:07]
using operating funds
>> which is not a significant expense but I
[16:11]
can't tell you how much yet?
[clears throat and cough]
[16:13]
» I understand. Um but could could the
grant fund reimburse the operating fund
[16:20]
for the grant writing expense? Not
according to the agreement that you all
[16:24]
passed.
>> Well, because it was grant writing.
[16:27]
» Yeah, that's what I was saying. It's
it's restricted. But what they've done
[16:30]
is they place it in an account and they
haven't touched it.
[16:34]
» Mhm.
>> Based on the agreement that they signed.
[16:36]
So, we have to amend the agreement
before we start moving funds around. And
[16:42]
Yeah.
>> Okay. Any objections for putting this a
[16:46]
resolution on the 8th October council
meeting first reading? No,
[16:51]
[clears throat] it's this will be a
resolution.
[16:55]
» I have no objections.
>> No, no objections. Sorry.
[16:58]
» Okay, then we'll put it on the agenda
for 8
[17:02]
October agenda.
>> Would would you like us to withhold
[17:07]
uh the request for applications until
this this next activity?
[17:12]
» Yes.
>> Okay.
[17:13]
» Yeah.
>> Yeah. Yeah, unless we find or something
[17:17]
like that. Unless there's
>> uh but it's it's conditional. We don't
[17:21]
find any snags legal and we update the
agenda. Uh it sounds like it's it's a
[17:26]
go.
>> Okay.
[17:27]
» All right.
>> Thank you.
[17:36]
» All right. The next item, open burning
ordinance staff.
[17:42]
» I think the supplemental
>> Oh, I'm sorry. We missed one
[17:45]
supplemental agreement for Chapel Drive
presented by own engineering. So Skip is
[17:50]
here to represent the city and then we
have several representatives from own.
[17:54]
So we'll let you stay there. I don't
know who needs to go first.
[18:00]
» I cannot live.
My bad.
[18:05]
» Good morning everybody. We appreciate
you guys uh giving us some time to talk
[18:09]
about this. Um, as you all know, there's
a large project on Gap Drive that's
[18:14]
about to go underway hopefully here by
the end of the year. Um, own um,
[18:19]
formerly Anderson Engineering has been
working on this project since about
[18:22]
2021.
Um, and we are requesting for a
[18:26]
supplemental agreement and our
construction engineering service fees.
[18:31]
Um, those fees were derived
prior around the conception of the
[18:37]
project in 2021. Um over the last 5
years um the project has increased in
[18:43]
scope. There's been a lot of moving
parts. Um and we've been working with
[18:47]
the city over the last few years to make
sure we get this to an appropriate place
[18:51]
where you guys can you know make a safer
crossing over the railroad there and um
[18:57]
um the city with help from BNSF to get
grants to help fund for the construction
[19:02]
of the project. Um in the initial
contract um the way we had set it up was
[19:08]
you know an edi educated guess on what
it would take to encompass all the
[19:12]
inspection responsibilities as the years
have gone on and with the project
[19:17]
becoming more and more complex. Um
there's a lot of moving parts that are
[19:20]
going to be going on out there. There's
a railroad, there's all the utilities,
[19:24]
[clears throat] there's roadway
improvements, um a large bridge, um all
[19:28]
the above. And what we have done over
the last few months is really taken a
[19:35]
holistic approach in looking at what we
think the total cost would be for us to
[19:41]
make sure the project moves smoothly and
gets constructed to our plans and
[19:45]
specifications and make sure the city
has um a great project at the end of
[19:50]
everything. Um in the handouts that
we've provided, we have some resumes of
[19:55]
our core team that will be involved with
it. In addition, um there's the
[20:00]
supplemental agreement with feed
proposal at the back that kind of breaks
[20:04]
down our hours on our estimates. We've
estimated the project is going to take
[20:08]
about 15 months. So that's what our
hours are based on. Um and with all
[20:15]
that, um we essentially broke it down
into four phases. We have construction
[20:21]
admin, which is all the administrative
side of things. um reviewing payrolls,
[20:27]
um supplement or not supplementals,
subcontractor, um some certified
[20:32]
payrolls, um all the submitts and uh
making sure we have reimbursements and
[20:38]
everything set out that you guys can
send to the Federal Rail Administration
[20:43]
to make sure you guys get um reimbursed
for your cost um that they have
[20:49]
committed to you guys. Um the second
phase is the general construction
[20:53]
inspection services. Uh we've estimated
about 30 hours a week of being on site
[20:58]
to overview construction and critical
tasks to make sure things are, you know,
[21:03]
in the right place and they're following
all the rules.
[21:07]
Third item is survey and staking. There
we have that as a quality assurance for
[21:12]
contractors survey and staking to make
sure it conforms with the plans, make
[21:15]
sure everything aligns with where it's
supposed to be. And then the last item
[21:19]
is material testing. We're going to do
all the tests inhouse and in the top
[21:24]
there's a list of what our anticipated
expenses for those tests are. Um the
[21:29]
number of tests is subject to change
depending on the situation and um what
[21:34]
we see is fit for you know at the time.
Um this is all just a general estimate
[21:41]
conforming with mod standards on what we
would need to provide to make sure that
[21:47]
we are assuring that the the materials
and the the products are where they need
[21:52]
to be. So, in total, our original
construction engineering contract amount
[21:59]
was for $369,100,
and we're asking for a $455,950
[22:05]
supplemental,
>> not to exceed.
[22:09]
» Not to exceed.
>> It's a It's a Is it cost plus?
[22:14]
» Yes, cost plus.
>> So, it's it's one of those where
[22:19]
you you get build for the services we
provide. It's not a that's a gold
[22:23]
number. So So the if I look right the
the inspection
[22:29]
hours nearly tripled.
>> So what what did you miss badly the
[22:34]
first time then?
>> So I think the the initial project when
[22:39]
we set it up was very minimal critical
inspection. Um just a lot of times on
[22:47]
these bridge projects, LPA, local public
agencies, it's
[22:52]
a lot of it is we're out there for a
handful of times to, you know, check
[22:56]
driving piles, check concrete, check
rebar, and we're in and out. with this
[23:01]
um and with Sprinkle Associates um
stepping away from a lot of the
[23:05]
day-to-day stuff, we feel like we will
need to be more present on the
[23:10]
day-to-day stuff, making sure we have
diaries and logs of what's going on. So,
[23:14]
that increases our time rather than a
typical, you know, 10% of the time out
[23:19]
there. We're going to be out there 80
90% just to make sure things are going
[23:24]
smoothly.
>> Where's your inspection staff coming out
[23:27]
of? Um the majority of it will be coming
out of our Carthage office. Um which is
[23:32]
just a short hop, skip, and a jump. Um
and then our material testing will be
[23:36]
coming out of Springfield. Okay.
and talking with Kevin, um he kind of
[23:43]
intends to monitor the hours and and the
work and and you know, if he feels like
[23:49]
there's maybe they don't need to be
there, he intends to kind of watch over
[23:55]
that is kind of the the talk I had with
him.
[23:58]
» All right. I guess what I'm trying to
understand, you've been you all have
[24:01]
been working on this project for a
while, right?
[24:03]
» Yes. Okay. So, why are these costs
unforeseeable? I you know I kind of kind
[24:10]
of understand but help me someone help
me understand why for so there's a
[24:16]
couple components with that first is
initial concept is never perfect um I
[24:22]
think the extense and the complexity of
the projects has grown over time there's
[24:28]
a lot more utility coordination that was
involved there's a lot more moving parts
[24:34]
there's widenings of roadways all the
new driveways for all the new facilities
[24:39]
that will be constructed along Chapel
Drive and dealing with a lot of those
[24:43]
aspects of just the
>> so we're doing we're doing driveway you
[24:47]
know along Chapel Drive
>> the extents of the project is from
[24:51]
business 60 to enterprise
>> rightway
[24:56]
» okay and then some of this is Kevin was
subcontracted to do quite a bit of work
[25:02]
on this and that has been pulled out
Kevin no longer um is is doing that.
[25:08]
That's they're calculating all that
amount in now that for what they have to
[25:13]
do.
>> So is there I'm assuming net savings
[25:15]
then. So the expense that would have
been paid to Kevin is just now being
[25:19]
transferred to own.
>> Not necessary.
[25:22]
» Not necessarily.
>> Not necessarily.
[25:23]
» No, it's quite a bit more.
>> Yes.
[25:26]
» Well, I get that. But there
[clears throat] won't be an additional
[25:29]
expense being paid to sprinkle
Associates, right? other than just what
[25:33]
we're paying him as city engineers for
you know
[25:35]
» for other projects [clears throat]
>> and you know he he will probably have
[25:39]
some quality assurance on this project
>> I don't think he plans to be as involved
[25:43]
as it initially was planned he just
general oversight now um less than what
[25:49]
he was planning
>> do we know what that delta is at all or
[25:53]
» I don't know off the top
>> I I yeah it's probably an unfair
[25:56]
question but
>> and then talking with Kevin I mean he
[25:59]
feels like this is kind of like absolute
worst case scenario numbers that they're
[26:06]
shooting high so they don't have to come
back for another supplemental at some
[26:11]
point.
>> I mean the the intention is that this is
[26:17]
» um break the glass kind of
[clears throat]
[26:20]
» I understand that language. Yeah.
>> Well, I guess the question I have to
[26:25]
[clears throat] ask and and I don't know
if you guys have the answer but Okay.
[26:28]
So, we just put out a bid and, you know,
we're moving forward with the project.
[26:33]
Now, we have to spend another $455,000.
[clears throat]
[26:37]
What is it? What what's out there in the
future that's going to cause the the
[26:41]
increase this? Now, remember, I used to
work in shipyards. I [clears throat]
[26:44]
dealt with with construction before. I
understand there there is there is some
[26:49]
unforeseeables, but
this right here, I I I'm trying to look
[26:55]
for some kind of certainty the car the
costs aren't going to go up.
[26:59]
Well, there's there's always the
possibility of change orders in
[27:02]
construction. So,
>> I understand that.
[27:04]
» We can't Yeah. Guarantee that.
>> But that's something we can't foresee,
[27:07]
» right? No.
>> Okay. You can't foresee that. And looks
[27:11]
like something's happened here. And this
first time I'm hearing of it that we're
[27:17]
we we've got to change gears and pay
more engineering costs.
[27:22]
» Yeah. I think it comes down to what I'm
seeing is it's a whole lot more robust
[27:28]
inspection than what was initially set
up.
[27:31]
» Yeah. Is that driven what's that what's
driving all those increases?
[27:34]
» Anything that you take over the railroad
there's there's uh restrictions and
[27:41]
inches can matter cuz if you don't have
enough clearance then you we got to make
[27:46]
sure everything's inspected right the
first time. Am [clears throat] I saying
[27:51]
that correctly or in a Yeah. Okay.
>> And again, this is worst case scenario
[27:57]
like they've got to be there every bit
of these hours and that will will not
[28:00]
should not be the case. But there will
be days out there where maybe somebody
[28:05]
runs down, they're here for an hour,
gets what's going on, heads back. You
[28:08]
know, they don't have to sit there and
watch them put dirt in all day. Yeah.
[28:15]
» [clears throat]
>> How does this fall within our
[28:18]
say budgeted reserves?
>> I mean, we should I'm looking at Sandra.
[28:29]
» Well, it's going to strain it, but
>> we discussed it with the city engineer
[28:34]
and we feel like
>> Oh, what I'm saying is our reserves
[28:37]
cover it.
>> Yeah,
[28:38]
» our reserves will be fine.
>> Okay.
[28:40]
And we're still, you know, collecting
off the use tax for this project as
[28:44]
well,
>> right?
[28:45]
» On completion, right?
>> It will have an impact on the next
[28:49]
project we're looking at the connector
roads between 37 and
[28:53]
» it could. Yeah. I mean,
>> may delay that.
[28:56]
» Yeah.
>> Not prevent it, but delay.
[28:59]
» Does that project come out to use tax as
well?
[29:01]
» No.
>> No, it does not.
[29:03]
» It can't.
It should just be a separate project on
[29:07]
its own.
All right. Now, we're not going to have
[29:11]
See, since we're not putting a bridge
there, we're just putting a road, we're
[29:14]
not going to have the same sort of
inspection criteria, I'm assuming.
[29:19]
» Not to this level.
>> A lot less complicated.
[29:21]
» Yeah. No railroad. [laughter]
>> Okay. So, it ensures we do it right the
[29:25]
first time.
>> Yes.
[29:28]
» Hopefully, this is our last overpass for
the city of Monafar
[29:34]
» unless we really have expansions.
Okay, neutron float. Let's go. Yeah.
[29:42]
» Okay. Well, I'm not happy about this,
but uh do we have any other options?
[29:48]
» Other funding sources? Is there any
other grants?
[29:51]
» Not if we want to get that grant money.
>> Yeah.
[29:53]
» Yeah, I think you're right.
[clears throat]
[29:56]
» Okay. So, this will be presented to
council at the October regular council
[30:00]
meeting for approval.
>> Okay. Uh, let's Is it a resolution
[30:06]
or I think it's a contract? It's an
ordinance. Correct.
[30:09]
» Yeah. But we may be able to go back to
the original ordinance that we passed. I
[30:13]
need to clarify that with legal.
>> Okay. But we will vote on something.
[30:17]
» Yes.
>> Uh on AD
[30:20]
would either be a first reading or
resolution.
[30:23]
» Correct. And uh even if it's an
ordinance or if it's an ordinance not
[30:28]
even it but if it's an ordinance on a
double reading
[30:32]
» no I don't have an objection to be an
ordinance
[30:34]
» but I still like to have more time to
review the situation. Uh that's
[30:38]
certainly that that's certainly uh
available to you.
[30:41]
» And and while we've got them in the
room, does council want representatives
[30:45]
from Owns there they even
>> for further questions?
[30:50]
» I think so.
The public may have some questions.
[30:54]
We'll need to have a good idea.
>> All right.
[31:01]
» And I think Kevin Sprinkle is planning
on being at that meeting as well. Good
[31:05]
idea.
>> Yeah.
[31:08]
All right. Any questions, discussion
from the council?
[31:13]
» All right. Thank you all very much.
[31:20]
» Kevin,
[31:26]
all located across the street from city
hall.
[31:30]
» This group who is
>> Sam the lady right there.
[31:33]
» The young lady.
>> Sam.
[31:35]
» Mhm. Okay, Samantha.
>> Thank you.
[31:38]
» All right. Thank you.
[31:47]
» Okay. Now, let's go to discussion of
open burning ordinance.
[31:51]
» Chief Pennington.
>> Yeah.
[31:55]
» Mayor, commissioners, city ministers,
thank you for having me again.
[32:00]
» Uh, this has been a um a hot topic. Uh,
>> [laughter]
[32:05]
» Um, we've had some reach out from
citizens. I know the mayor sat in on a
[32:10]
few of these meetings on bird ordinance.
I'm going to pass out the ordinance that
[32:14]
we have now. Um, if you read it, it
doesn't really make sense to fire,
[32:20]
police, or the citizens we have here.
Um,
[32:27]
it's basically telling our citizens that
they can burn trash from 6:00 a.m. to
[32:32]
10:00 a.m. uh between the months of May,
June, July, August, and September. Uh,
[32:39]
it's very confusing. I've had people
reach out. I know Murray's had people
[32:43]
reach out to him on Facebook.
I think we need to do away with this
[32:48]
city ordinance. I know that I have put
in place for discussion for a new city
[32:54]
ordinance for you members to discuss.
Um, basically I took
[33:02]
this new city ordinance that for
discussion. I reached out to other
[33:07]
departments around us that are sisters
agencies and basically put this
[33:13]
together.
I know uh talking to the citizens over
[33:19]
email, over telephone calls, over the
events that they see me at, uh there's
[33:23]
six items that they they would like to
see changed. Uh and those six items are
[33:28]
here on your new uh city ordinance. Um
basically, you know, uh I took this new
[33:38]
city ordinance. I ran it through uh
Chief Camp as well. uh his officers are
[33:42]
having a hard time hard time uh writing
citations
[33:48]
because they don't really have anything
that's black and white. Is that correct?
[33:52]
» That's correct.
>> So, um it's kind of hard to write, you
[33:57]
know, somebody illegal burning when you
know you're telling them that they can
[34:02]
» they can right
>> in in the in the old city ordinance. So,
[34:05]
my recommendation is to do away with
this city ordinance that we have and put
[34:10]
this new one into place once you guys
review it with legal and yourselves
[34:15]
cuz there's only two places that have a
burn ordinance. That's the solid waste
[34:21]
one. And then in the fire department
ordinance,
[34:24]
uh it's highlighted is um
weeds houses
[34:31]
and all that. So,
yep. Right there.
[34:38]
And uh any questions that you uh have
for me?
[34:43]
Um permits and requests to burn should
be something that um people come to the
[34:49]
city for. So, we are
alerted that there's going to be a burn
[34:54]
on property instead of just free burning
at any given time in any given minute.
[34:57]
So, anything that is over a 3x3x
two, um, they would have to fill out a
[35:06]
burn permit. Talking to other agencies
around me that are my size of my
[35:11]
department, my city,
>> it's it's a free permit.
[35:16]
» Okay.
>> All it is is like somebody like Mike
[35:19]
Derves here that sets up a website form
that they can fill out online. uh it
[35:25]
kicks it to my email or Chief Still
Wagon's email so the inspector can go
[35:30]
out and make sure they're within the the
city ordinance.
[35:34]
» Who's the inspector?
>> Uh Chief Still Wagon.
[35:37]
» Okay. So, we have one person doing all
of this
[35:40]
» or we can designate somebody an officer.
>> Generally, it was someone to be able to
[35:44]
apply consistently.
>> Correct.
[35:48]
» And I see we've got a fee schedule on
here which the other one doesn't. Is
[35:51]
that correct?
>> That's correct.
[35:57]
talking to other agencies as well and
other citizens. Uh we don't have like
[36:03]
number six, we don't have anything in
our ordinance that says we have to abide
[36:08]
by the Missouri Department of Natural
Resource. So like Amazon when they were
[36:13]
clearing that lot, you know, or Skippy
Coler over here on Myrtle, you know,
[36:18]
this is where this kind of dived from
and it just seems like it needs to be
[36:23]
put at the top of the list.
>> Yeah.
[36:26]
» Yeah. Because [clears throat] in our
existing code, excuse me, when it's
[36:29]
defining trash, [clears throat]
excuse me, it lists out many specific
[36:34]
items, but in there's also the word
garbage, which that's very loosely
[36:39]
defined as well. And and you know, it
doesn't say in it that you're not able
[36:43]
to to burn plastics or, you know,
styrofoams or anything like that that
[36:48]
might have toxic fumes emit from them.
>> Correct. And, you know, after the April
[36:52]
29th storm that we had come through,
>> Mhm. You had citizens going around
[36:56]
cleaning up their yard debris. Well, in
the old city ordinance said they're not
[37:00]
allowed to do that.
>> Yeah.
[37:02]
» It says that they can't do tree
trimmings tree trimmings or anything
[37:05]
like that or brush.
>> Yeah.
[37:10]
» If they do burn plastic or styrofoam
like Commissioner Gasp talking about, is
[37:15]
that public safety issue? that is a
public safety issue and then therefore
[37:19]
we can get uh our our police department
involved where they can write citations
[37:24]
if need be.
>> Yeah.
[37:26]
» Okay. Do we mention things like that in
here? I'm not seeing.
[37:29]
» Yes, sir.
>> Where is it?
[37:31]
» It's underneath uh
>> He's on this one, I think.
[37:35]
» Yes, that's what I was looking for. It's
underneath uh number one.
[37:39]
» Yeah, I thought I see
[37:44]
number one and number two. mayor.
>> Okay.
[37:49]
» Basically telling you what you can and
can't burn.
[37:52]
» And this
>> and number three. Number three.
[37:54]
» This might be nitpicky on my part, but
>> we we say in in the in the proposed
[38:01]
um code [clears throat] that a pile must
not be larger than 3 feet in diameter or
[38:07]
2 feet in height.
Do we want to specify singular per
[38:13]
property owner?
meaning that they don't have 15 piles of
[38:19]
» property. So, that was brought up.
>> Okay.
[38:21]
» If they have a large pile, can they
break it up in the individual? Well, I'm
[38:25]
okay with that as long as it's a small
pile.
[38:27]
» Cuz it's more controlled.
>> Yes, it's more controlled.
[38:29]
» Yeah.
>> Okay.
[38:31]
» Uh because Danny Bond's really good at
doing that when he does land clearing
[38:34]
[laughter]
because DNR says you have to have so
[38:37]
many cubic feet. Well, he's pretty good
at splitting that up so it's
[38:40]
uncontrolled environment. Plus, he has
mach machinery there to to assist with
[38:44]
this,
>> right? Okay.
[38:46]
» All right. This is something new that we
haven't done before, right?
[38:48]
» That's correct, sir.
>> Okay. So, how are we going to roll it
[38:51]
out? We don't have to answer that
question here. I mean, that may be one,
[38:55]
but what you don't want is to put a new
ordinance on the sentence and go out
[38:59]
there and start having them $500 fines.
>> Correct.
[39:02]
» So, is there a warning system? And I
guess it's a a question for you for
[39:08]
either
>> between the first reading and the second
[39:11]
reading. We could do a campaign that
says this is coming. The council's had
[39:16]
one reading that it will go before
council and and there will be a um a
[39:22]
time for public to speak to it at
>> Okay. But at the second reading this is
[39:26]
in effect.
>> Yeah.
[39:27]
» Yeah. 10 days after.
>> And going back to the warning mayor,
[39:32]
usually it's the second
revisit the property the second time.
[39:36]
» What I propose based on the finalized
ordinance is we'll defer to the fire the
[39:42]
highest ranking fire official and if
they say that this is beyond way beyond
[39:46]
the scope then we'll some issue if not
then we'll do an educational campaign
[39:51]
with a warning.
>> Yeah. Very smart.
[39:53]
» So between the first reading and passage
there would actually be 40 days.
[40:00]
» Okay. So that would give us time to get
warning if necessary.
[40:05]
» That's correct.
>> Am I understanding this correctly that
[40:08]
what you had handed here the section
205.120
[40:11]
with the fee listed that's existing
code.
[40:14]
» That's existing code.
>> Yeah. So there's no change. We're just
[40:17]
going to enforce differently.
>> Mhm. So the one the two things that I
[40:22]
would recommend taking out is the one
that's highlighted
[40:25]
» and then the the the one right here.
>> Correct. and just make one city
[40:30]
ordinance so people can follow.
>> Right.
[40:33]
» All the rest of this remains.
>> Correct.
[40:36]
» And correct me if I'm wrong, it's been a
while since my firefighting days, but uh
[40:41]
the diameter and the and the height you
can put out with a portable
[40:45]
extinguisher. Correct.
>> Correct. And we list in here what things
[40:48]
they need to have on site for a fire.
Um, and the reason why we went 3 by3 by
[40:54]
two is because that's your
regular fire pit that you would buy at
[40:59]
Walmart,
>> which I appreciate that all that
[41:02]
language being in there as well as far
as propane.
[41:04]
» And I didn't come up with that. That's
just what the sister agencies use. So,
[41:07]
» that's great.
>> If it's working, you know why
[41:10]
» I I have a question that's related. When
we do a burn ban like we did this
[41:14]
summer, looks like we're probably going
to do it next summer as well. Uh, do we
[41:18]
have problems with people doing fires?
>> So, our biggest issue that we have found
[41:24]
out, uh, we've had maybe four or five
contacts since the burn ban, which is
[41:29]
still in effect for now, um, is the
language barrier. Uh, I think I talked
[41:34]
to Mike about this. We're going to have
to come up with something uh, that has
[41:39]
the different languages that we have
inside the city. So, I don't know if
[41:43]
Mike you can reach out or find out what
kind of language we have in this city uh
[41:47]
and can put that out because
>> 26.
[41:49]
» Yeah.
>> 30 26. [laughter]
[41:53]
» I mean that that's the only thing that
we have uh come in contact with. Other
[41:58]
than that, it's been
>> it's folks who burn who don't understand
[42:02]
what a burn.
>> Yes, sir.
[42:03]
» Because of the language error. Is that
correct?
[42:05]
» Yes, sir.
>> And the other thing also I'm glad you
[42:07]
brought that up, Mayor. The other thing
is is there's nothing in place of the
[42:11]
old city ordinances that says the fire
chief can place a burn ban. So in the
[42:16]
new one, it says the fire chief may
issue a burn ban within the city of
[42:21]
Monet.
>> Are burn bans issued by the county?
[42:24]
» No. Uh well, it can be
>> they can be
[42:27]
» county commissioners,
>> but we this gives us the option to do
[42:30]
one inside Monet. Correct.
>> That's correct.
[42:33]
» All right.
>> Interesting.
[42:35]
» Does the public have alternatives to
burning? Like can they pay a fee and
[42:38]
have their trash dispersed and picked up
by the city at this time for a fee? That
[42:43]
would be a Dave D question.
>> Yeah,
[42:45]
» I get that. But
>> it is out there. That's the point.
[42:48]
» It's free.
>> Well,
[42:50]
» okay.
>> First of all collection,
[42:55]
» but monitoring Facebook, getting my
phone calls, my emails, people coming to
[42:59]
me at these events, uh, they just want
black and white. Fire wants black and
[43:04]
white. Yeah, PD needs black and white.
So this is I think going to be perfect.
[43:09]
» Yeah, the existing code is extremely
ambiguous.
[43:13]
» Very gray.
>> I did not realize it was on
[43:16]
» and I believe the mayor, commissioners,
Mickey's even mentioned this before.
[43:20]
There's things that that are in the city
ordinance that shouldn't be in city
[43:22]
ordinance.
>> Um there's things that have been here
[43:25]
since 96, 1920, you know, that don't
really need to be in there.
[43:30]
» 1920s. Really?
>> Yeah. I've got some city ordinances in
[43:33]
here that's been established since 1920.
>> Yeah, we're still getting over World War
[43:38]
I. Okay.
So,
[43:42]
that's all I have. You got any more
questions?
[43:45]
» And I think it's an improvement, but
communication to the public is going to
[43:49]
be key here.
>> So, we'll plan a first reading on
[43:53]
October.
>> What else do you need from it?
[43:57]
» Any objections from
this? No.
[44:02]
» We'll be with the city attorney and
clean this all up.
[44:05]
» Yeah. Okay.
>> You need that.
[44:06]
» I got
>> All right. Thank you for your time.
[44:09]
» All right. Thank you, sir. Thank you,
Chief.
[44:10]
» This proposal is to repeal two
section.
[44:14]
» Yes.
>> Yes.
[44:16]
» Okay.
[44:19]
» All right. Thank you, Chief.
>> You're welcome.
[44:21]
» All right.
Uh, next item is proposal for sanitary
[44:26]
sewer extensions [clears throat] along
Highway 3. Staff, this is Skip.
[44:39]
This is a proposal for uh Kevin and I
were working on um with the new
[44:45]
connector road going in. Uh this would
do the design work and everything for a
[44:50]
new sewer connection up for the
potential fire station, getting it
[44:54]
across the road. And at the same time,
while we're getting it all done, we
[44:58]
would go ahead and get the engineering,
get everything set up to go for the the
[45:01]
piece that is part of the agreement with
Pete with extending sewer uh to the west
[45:07]
um from the Methodist property across
the highway.
[45:10]
» Who's Keith?
>> Pete.
[45:12]
» Pete. Okay, I know Pete. Thank you.
[45:19]
» So, it's a pretty simple one. Yeah.
>> Okay.
[45:22]
» Yeah. Ba basically just getting the work
done now and getting it out of the way
[45:26]
so once the connector road's done we're
not digging back across it to put a
[45:29]
sewer line in.
>> Okay.
[45:32]
» Staff did uh discuss a portion of this
funding uh could be covered by the use
[45:39]
tax because it's public safety. It's for
future development of fire station 3.
[45:45]
And we know that the agreement, the land
agreement is if it doesn't become a fire
[45:49]
station, it goes back to the current
land owner. So I think we have enough um
[45:57]
documentation to say this is for public
safety.
[46:01]
» That's relatively low cost.
>> Yeah. [snorts]
[46:05]
» For just for the engineering. Yeah.
>> So this is So we're looking at a
[46:09]
resolution.
>> I think we can do this by resolution on
[46:13]
October 8th.
Okay. Any objections from the uh
[46:18]
commissioners?
>> Nope.
[46:20]
» Okay.
So, look at it once.
[46:23]
» Thank you.
[46:29]
» Okay. Item G, clarifications and changes
to section 400.065
[46:34]
Monet Core Conservation District. Staff.
[46:42]
» Good morning.
Uh so the Monet Core Conservation the
[46:48]
MCC district this is a uh a district if
you if the there is a map in the packet.
[46:54]
This is roughly a district that was uh
talked about and discussed extensively
[46:59]
with the planning and zoning commission
um and is currently in effect. The
[47:02]
legislation was passed a few months ago.
Roughly this is from Sycamore Street in
[47:06]
Honeysuckle South, 13th Street in Kyler
to the west, US Highway 60 north, and
[47:12]
Eisenhower Street to the east. Um, in
that original legislation was provision
[47:18]
for you, you're all familiar with the
legacy lot overlay. Uh that overlay
[47:22]
district was intended to allow for
smaller lot frontages specifically
[47:27]
without needing variances uh to allow
that as a permitted and to permitted use
[47:33]
and to turn those lots into permitted
conforming uh lots. That was originally
[47:38]
placed in this legislation, but it was
removed. And there is uh some discussion
[47:42]
there's been some discussion with other
developers that it would be a good idea
[47:46]
to extend those lot frontage um uh
conditions of the LLO to the B1 and B2
[47:55]
zoning classification that was contained
in the Monet Core Conservation District.
[47:59]
» Fresh my memor on B1 and B2.
>> B1 is the lowest tier of multifamily
[48:04]
zoning in the MCCD. that is one
principal structure per lot and very low
[48:10]
uh very low um lot area size limits per
dwelling per square footage of of
[48:18]
dwelling unit. It also has significant
height restrictions. It limits all those
[48:21]
structures to one story or less
>> conservation.
[48:25]
» Exactly. Uh as as you mentioned, Mr.
[music] mayor. The idea being that um
[48:30]
the whole point of this legislation was
to preserve the single family character
[48:34]
of the homes and the neighborhoods that
are in that district. Uh the B2 was a
[48:38]
slightly larger or a more dense
classification. B2 allowed for multiple
[48:45]
multifamily structures. For instance,
more than one duplex on a lot that would
[48:50]
qualify. still same height restrictions,
but the idea being that with this
[48:54]
change, which would change it to 30 feet
of frontage of lot frontage that would
[49:00]
be allowed within this district. Um,
that is the principal change that we're
[49:04]
asking for and I'm happy to answer any
questions you might have.
[49:12]
» My question just
been reviewed by uh planning and zoning.
[49:17]
just recently discussed and planning and
zoning did uh make a recommendation to
[49:21]
approve these changes to this
legislation.
[49:23]
» Okay. So that's an if there's no
objections October 8th. Okay.
[49:31]
» All right. Next item proposed replat for
lot one of the hy manor subdivision.
[49:37]
» Yes. So um this is the location where
the seven brew is going on US60. Um,
[49:42]
SevenBrew has asked or petitioned my
office to subdivide this lot into two.
[49:48]
Uh, basically you would have the seven
brew which would be on the lefthand lot
[49:53]
and the subdivide it effectively cut it
right down the middle and then they
[49:57]
intend to u sell andor use the lot next
door for further potential development.
[50:03]
Um, effectively uh as you know our minor
subdivision process there are several
[50:08]
restrictions. uh their request does not
run a foul of any of our minor
[50:12]
subdivision exclusions or restrictions.
Uh this is a costneutral proposal to the
[50:18]
city. Um and it is the recommendation of
the community development department to
[50:22]
allow um this minor subdivision and it
will be on the agenda next month
[50:28]
» recommended by planning and zoning.
>> Uh yes.
[50:32]
» What cannot be allowed to go in that
right hand portion of the um
[50:36]
» actually set on the right side of this
image. Correct.
[50:40]
» North.
>> I'm sorry. You are correct. Yes. Thank
[50:42]
you. Uh, yes, they are on the right
side. The left side would be the empty
[50:47]
lot.
>> Thank you.
[50:48]
» You bet.
>> Um, your to your question, Darren. Yes,
[50:52]
sir.
>> So, the zoning for this, I believe, is
[50:55]
commercial. Um, so effectively any and
all commercial uses as currently listed
[51:02]
under our permitted uses in the zoning
CL in the zoning code uh would be
[51:06]
allowed on that lot to include all of
those uses, but obviously uh the large
[51:11]
number of uses that are surrounding that
area. All on the north and south side of
[51:15]
7 Brew are pretty much retail retail
commercial uses. Thank you.
[51:21]
» Okay.
I see you have parking spaces. Is that
[51:25]
what those lines are? No, no, those are
those are for the movie theater behind
[51:29]
it. [laughter]
>> Yeah, that's Yeah, movie theater and
[51:32]
then uh got plaza.
>> Okay. Any any objections from uh the
[51:40]
commissioner?
>> No.
[51:41]
» Any objections to a first and second
reading?
[51:47]
» Okay.
first and second reading uh on 8th
[51:51]
October.
[51:56]
[clears throat]
Okay, moving on. Removal of section
[51:59]
405.060
from Mo City of Monat code staff. Yes.
[52:05]
Uh it was brought to the attention of
the community development department
[52:09]
from city council that there is a
provision in our code 405.060 060 which
[52:15]
allows the planning and zoning
commission to issue variances. Um that
[52:20]
is uh in opposition to state statute. Um
it was the advice of council that that
[52:26]
provision be removed from the code. Um
obviously the only statutory body in
[52:32]
Missouri that can actually issue
variances is a board of adjustment. Um
[52:36]
long story short, we believe that to be
an artifact of the code, but it is
[52:40]
advised by council that that be removed.
Um, and that's it. It it was uh
[52:45]
discussed at the planning and zoning
commission earlier this month and it was
[52:49]
recommended that it be removed by it can
only be removed by the city council. Uh,
[52:53]
but this would be on the agenda for next
month as well to remove that artifact
[52:57]
from the code.
>> Legal council has uh recommended a
[53:01]
double reading on this because it is
>> going against state statute.
[53:06]
» Yep.
>> Yeah. And I'm assuming that
[53:08]
[clears throat] language in the in the
the governing documents of the board of
[53:12]
adjustment has the same or better
language. Uh yes, at the so there is a a
[53:18]
whole section of the code which covers
the formation and the running of the
[53:22]
board of adjustment. Um it is
considerably lengthier than this. The
[53:26]
main principle though that I'm getting
at is that it is the planning and zoning
[53:29]
commission has a power statutory power
in our code to do something that they
[53:34]
are not allowed to do by state.
>> No, I understand that. Yeah, I'm just
[53:36]
making sure that this language was also
covered in the court of adjustments
[53:40]
language.
>> Yeah.
[53:42]
» Okay.
>> And this in no way takes away from
[53:48]
future variances at all. I mean, you'll
have another body.
[53:53]
» We have a board of adjustment. It is
actually uh it has uh enough members to
[53:57]
meet a quorum and that is the board
that's required by state law to they're
[54:01]
the only ones that are allowed by state
law to issue variances or to consider
[54:05]
appeals.
>> But we're not losing the ability.
[54:08]
» Nope.
>> Okay.
[54:11]
» No, it's just the final judication has
got to go to a court. If the board
[54:15]
adjustments, votes it down, they can
they have to go to circuit court.
[54:19]
Correct.
uh the appeals after the judicial if if
[54:24]
there goes to a judicial matter yet.
>> Okay.
[54:28]
» All right. Any questions?
>> Any any objections to first and second
[54:34]
reading?
>> I don't have any.
[54:36]
» Yep. I think we need to get this done.
All right. First and second reading next
[54:40]
uh city council meeting.
[54:44]
All right. Next item is uh discussion of
updating city bond amounts.
[54:50]
our new city clerk is going to take the
lead on this one.
[54:54]
» So, it uh came to my attention as part
of me [clears throat] beginning the new
[54:58]
role as city clerk that I need to be
bonded per state law. And um it also
[55:04]
came to attention that we do not have an
ordinance that sets the amount of the
[55:09]
bond specifically even though by
ordinance we are required to have a set
[55:13]
amount. Um I was not able to locate the
last amount that we was passed by
[55:18]
ordinance and it does specifically say
that from time to time the council you
[55:23]
can decide what this amount should be
within uh reason we'll say I reached out
[55:28]
to an insurance provider to start this
whole process and that kind of was what
[55:32]
led to this. Um her recommendations were
that they're typically either $10,000 or
[55:37]
$25,000 amounts. Um, it is up to you all
to decide what that amount is and it is
[55:44]
highly recommended that you pass this
because we cannot get our bonds without
[55:48]
that amount.
>> That's a lower amount than I was
[55:51]
expecting.
>> I would recommend um so both of us need
[55:55]
to be bonded which
>> not bonded either.
[55:58]
» I have not been bonded since I've been
here and so I would recommend the
[56:02]
25,000. That's that's pretty standard of
where I've been at.
[56:06]
» Okay. So, chief, if you arrest, we got
$25,000 or we can get him out of jail
[56:12]
with. Is that what this is for?
>> Not not exactly what
[56:17]
» there's a bone, right?
>> It is.
[56:19]
» Yes.
>> So, so if he makes make mistake, there's
[56:24]
what? Some liability relief there.
>> Hence my thinking that that amount is a
[56:30]
very small amount.
>> Yeah.
[56:31]
» Yeah.
>> Well, I I agree. [clears throat]
[56:34]
Certainly, we don't want to do 10. The
25,000 is seems like the norm and I
[56:38]
think we got to start with that.
>> And I I'll say again, council, this is
[56:45]
of urgency. So I know we don't like to
do double readings, but this really
[56:50]
needs to be a double reading.
>> It's a risk we don't need.
[56:53]
» Yeah.
>> All right. Uh so any objections to first
[56:57]
and second reading next uh city council
meeting?
[57:03]
If I may, are we we're deciding on the
25,000 amount?
[57:06]
» Yes.
>> Yes.
[57:07]
» That'll be in the ordinance.
>> Yes.
[57:09]
» Yeah.
>> And so they'll vote on it that night.
[57:12]
Yeah.
>> Yeah. They're giving us directive. Thank
[57:15]
you.
[57:19]
» Okay. Next item. Uh this road
improvement [clears throat] plans. Go.
[57:23]
» Yes. So, uh, our city engineer met, uh,
with council in August and walked you
[57:28]
through a pricing spreadsheet,
um, and we had, um, looked at a couple
[57:35]
of projects that we want to move forward
on. We found out, um, yesterday that
[57:41]
we're ready to do the Broadway project.
So, that's really what I want to focus
[57:46]
on first. The Broadway project is a
piggyback project
[57:52]
which will allow for cost savings with
Blevens Asphalt who has the contract for
[57:58]
the Highway 60 MDOT improvement project
from uh 37 and 60. They've gone west
[58:05]
moving west and so they they have this
they have that project but if we piggy
[58:10]
back off that there's a there's a cost
savings to the city. It's also super
[58:15]
paved, which is really good asphalt.
>> And this is
[58:21]
what's the extent of this project
physically?
[58:24]
» Um, resurfacing
>> on the east. It's from the east side of
[58:28]
first street all the way to 13th and
[58:33]
significant improvement.
>> Is it just a resurface or milling fill?
[58:37]
» Milling fill.
>> Okay.
[58:40]
» I see that now. [clears throat]
So, some of the the millenfill
[58:46]
um
city engineer wanted me to make sure
[58:50]
that people are aware the depth of the
millingfill will be based on there's
[58:56]
there's bricks underneath some of
Broadway, so we don't want to disturb
[59:00]
those. Uh the project is estimated to be
$350,000.
[59:07]
that will include um the mill and fill
striping, road closures,
[59:15]
everything associated with it.
>> The original project was looking at some
[59:19]
of the side streets. We're we're now
only going curb to [clears throat] curb
[59:24]
down Broadway in what is shown on the
map.
[59:30]
So, this is a two-phase
um project
[59:34]
to be covered in four days.
They would like to start the project
[59:39]
Monday, October 5th, and conclude by
Thursday, October 8th.
[59:48]
» I think it was initially supposed to be
at night, but Vicki, they moved it
[59:51]
daytime now.
>> That's correct.
[59:53]
» Yeah.
>> Daytime save money.
[59:56]
» Yeah. From my understand didn't want to
do it at night.
[1:00:00]
» Yeah. We originally asked that you do it
over weekend. That was not acceptable.
[1:00:06]
So this is a Monday through Thursday.
So uh with it this is a budgeted project
[1:00:14]
but um so we don't need to have approval
because it's within the budget. There
[1:00:19]
are a couple of things that we want to
make adjustments to to the the budget.
[1:00:24]
One is the um road improvement at Jeremy
and Kyler.
[1:00:30]
Um, talking with the city engineer,
that project was to be a mill and fill
[1:00:36]
based on a piggyback just like we're
doing here. However, there's a dip in in
[1:00:43]
Jeremy, I think it is.
>> Oh, Jerome Lane.
[1:00:44]
» Jerome Jerome. Sorry, I got the wrong
>> There's a massive dip. Yeah.
[1:00:48]
» Okay. Jerome Lane. Um, but what we'd
like to do is go ahead and fix the dip
[1:00:56]
before we do the the millonfill because
according to our city engineer, if we
[1:01:01]
just do the milling field, we're going
to have the same problem as 100%.
[1:01:05]
» Yeah.
>> So, we're going to revamp that project.
[1:01:10]
He's working on that. He's not able to
be here today, but he's working on that
[1:01:13]
project.
>> It's possible as you fill that dip, it
[1:01:17]
solves the problem. Yeah. trying to
smooth the road up enough
[1:01:20]
» on the surface.
>> Yeah.
[1:01:21]
» Is it not undermining underneath? He
>> But but I'm talking about you fill he
[1:01:26]
fix the D.
>> He's talked about
[1:01:29]
» base rock addition concrete across
there. Yeah.
[1:01:33]
» Got it. Okay.
>> Concrete overlay.
[1:01:36]
» Um we did have a cost savings at
Cleveland and 9inth. MDOT covered that.
[1:01:44]
We didn't think that was in their scope
of work, but they included it. So that
[1:01:48]
project's completed.
Um, so we just wanted to update you on
[1:01:53]
that because this will start. I I wanted
to make it public knowledge because we
[1:01:58]
need to begin to notify businesses.
>> Uh, Mike has a a a plan put in place to
[1:02:07]
notify businesses that that road will be
closed. Public safety needs to know that
[1:02:12]
that road have road closure. People will
still have access to Front Street and
[1:02:18]
they can still go through Bruner's and
then Chief they'll have to make a Uturn
[1:02:24]
after they go through Bruner's
drive-thru. So they're going to be going
[1:02:27]
a wrong way on a oneway
>> as a temporary.
[1:02:31]
» Absolutely.
>> Um
[1:02:32]
» and they're still open to foot traffic.
>> Yes. Yeah. Foot traffic. All the side
[1:02:36]
streets because we're not doing work on
the side streets. The side streets will
[1:02:39]
be closed. Uh they can pull up to a side
street and do any they can still be
[1:02:44]
patrons to any of the businesses along
Broadway.
[1:02:47]
» Yeah. Municipal parking behind the
chamber.
[1:02:49]
» Correct.
>> By roies.
[1:02:51]
» Correct.
>> Are we going to close down Broadway
[1:02:54]
completely in any point?
>> Yes.
[1:02:56]
» Yeah. During this 4 day per
section will be closed. Yeah.
[1:03:01]
» Okay.
>> So it brings me to the the parking lot
[1:03:03]
at the old Monet [clears throat] Times
building that was deeded over to the
[1:03:06]
Monet Main Street. Have Have we received
that deed back?
[1:03:11]
Not to my knowledge. I'll have to check
on
[1:03:13]
» Okay. Yeah, we need to get that deed
back and I think we need to to discuss
[1:03:17]
repairing.
>> Actually, I need to check on that. I'm
[1:03:20]
not sure it was ever sent off. I think
we may still hold that.
[1:03:23]
» Oh, okay.
>> I just
[1:03:25]
» So then you probably need to pencil that
in. I'm not with any time frame, but
[1:03:29]
just put it back on the list to get that
repaired.
[1:03:33]
» Okay. I I don't have any questions. It's
a It's a small duration project. Yes.
[1:03:39]
» So, but it'll be it won't be a long time
for inconvenience for folks downtown.
[1:03:44]
» Correct.
>> Save us money. They're already down
[1:03:46]
there. Why not pay you back home?
>> Okay.
[1:03:49]
» One of the bigger impacts are going to
be on
[1:03:52]
I think like a Sherman Williams or
Dollar General down there. Well, I'd say
[1:03:56]
Sherman Williams. Dollar General has
access from 9inth Street.
[1:04:00]
» Yeah.
>> All right. We'll see.
[1:04:01]
» Yeah. We'll notify all those buildings
or those businesses.
[1:04:04]
» So, we're going to start the
notification process now.
[1:04:07]
» Yes. Okay.
Yeah. Uh the other item that is a road
[1:04:12]
improvement that council had asked me to
check with John Bachelor. He's he's the
[1:04:17]
design person for the intersection at
Broadway and Central. We had asked John
[1:04:24]
to join this meeting today. He was
unavailable. We've asked him to join the
[1:04:28]
October meeting. He's unavailable. So,
we're going to wait till November to
[1:04:34]
even really it's it's not going to he
still has to do some other work. So, the
[1:04:39]
November is not going to really he's
going to have more information in
[1:04:43]
November than he does today. I'll say it
that way.
[1:04:46]
» And just for this Senate section you
said right there,
[1:04:49]
» Broadway and Central.
>> Mhm. Yeah.
[1:04:51]
» Yeah. We're still, you know, we had the
focus group. They've completed their
[1:04:55]
work. There were 11 options out of that.
They narrowed it down to six. Council's
[1:05:00]
narrowed that down to three. We just
need to revisit. And John has a a
[1:05:06]
timeline that we need to get back on.
He's still pursuing the timeline. He's
[1:05:11]
gathering information.
Those are the two items that I had to
[1:05:15]
amend the agenda.
>> So, going back to the Jerome Lane, is
[1:05:18]
there a time frame on that one yet? So
now if we can get it if we can get the
[1:05:24]
dip fixed this year then we would put it
back in for next year's
[1:05:29]
» okay
>> to the for the milling
[1:05:31]
» because that impacts those businesses
heavily traffic
[1:05:35]
» but we don't have a time frame of when
we're going to repair that.
[1:05:38]
» We're going to try and do it in this
year's budget.
[1:05:39]
» Okay. Very good.
>> May I ask a question?
[1:05:45]
» Um on Jerome um Ken
>> Yep. is is I mean I've been over the dip
[1:05:51]
is is the pro I mean if they fix the dip
and and concrete that does the road
[1:05:55]
still need to be overlaid in
>> I don't think so. No I I think with the
[1:06:00]
regular chip and seal schedule would
would be fine. It's just that my my
[1:06:05]
concern is in talking to Dave Dunn some
time ago it seems like that's probably
[1:06:10]
sewer related.
>> Yeah. And so that that's my concern is
[1:06:13]
that is there going to be any uh
compromising of the sewer line that's
[1:06:19]
there with continued
traffic. I mean I I drive that every
[1:06:23]
day, multiple times a day, and I I don't
even straddle that area, I am far on the
[1:06:28]
right, and when there's a truck there
forcing me to go through that area. I'm
[1:06:34]
saying some words under my breath.
>> It was just a question. I know with
[1:06:37]
budget being tight, it was just a
>> I I get it. I just every day I look at
[1:06:41]
it and I I just I mean thankfully it has
not
[1:06:45]
» Yeah.
>> has not uh been undermined. So
[1:06:48]
» yeah, we've got another spot I think on
dairy that is a constant spot. Yeah.
[1:06:53]
» Yeah.
Okay. So this is for information and
[1:06:58]
doesn't sound like any objectives to
your plan,
[1:07:00]
» right? So, okay. Just wanted you to be
aware because we are going to get
[1:07:04]
comments about closing down Broadway for
4 days,
[1:07:08]
» but it's two sections, two days, and
then two days. So,
[1:07:13]
» I think we're doing I think the plan is
we're doing everything to prevent
[1:07:17]
individuals from
>> Okay. All right. Let's see.
[1:07:22]
[clears throat] Informational see
council comments. Commissioners,
[1:07:28]
» I don't have any council comments. I do.
I have one item. Um it's going to
[1:07:32]
involve Chief Camp, I think. Um, at our
last board of education meeting, uh,
[1:07:40]
uh, Shay Snodgrass, who's an SRO, talked
about the impact of ebikes, uh, kids
[1:07:46]
riding ebikes at the middle school and
high school campuses and, um, the
[1:07:54]
narrow or near misses of accidents
occurring because the the issue. Okay.
[1:08:00]
So, MODOT put the sign on Cleveland to
cause traffic to slow down. Um,
[1:08:09]
not all motorists are obeying that that
traffic sign.
[1:08:14]
It was a MDOT approved sign, yellow
flashing lights. There was a discussion
[1:08:19]
of maybe red and blue lights would be
more visible and more alerting to
[1:08:23]
motorists. Uh, but that that was
declined by MDOT. So, we have to to we
[1:08:28]
have to stay with the the yellow lights.
And please jump in if I'm misstating
[1:08:32]
that. Um, but there there are there are
kids I I'll say kids and under under 15
[1:08:41]
years old um that are riding ebikes
throughout the city, but more
[1:08:47]
concentrated than the middle school,
high school.
[1:08:49]
» Is that illegal?
>> Campus?
[1:08:51]
» No, it's legal.
>> Yeah, it's legal. But um that's the
[1:08:55]
question is is what what might be able
to be done? What what should be done? Is
[1:09:02]
it is it more of an education to to
parents to to students? Uh because the
[1:09:08]
the concern is growing as the volume the
number of students with ebikes is
[1:09:13]
growing. I drove up from city hall
yesterday up Fifth Street and there was
[1:09:18]
a youngster on an ebike at cuz they'll
go up to 20 miles per hour. So,
[1:09:25]
[clears throat and cough]
>> I'll let you speak to it and then I'll
[1:09:27]
speak to it from Sister C's perspective.
>> Um I'm not super educated on the ebikes.
[1:09:33]
The issues that we've had in the past is
that um there's different
[1:09:37]
classifications.
>> Yeah. And some of them require each
[1:09:41]
classification allows a little bit more.
>> The manufacturers of these bikes do not
[1:09:46]
stamp them with the classification. So
unless you have the box that it came in,
[1:09:50]
it's pretty hard to determine what you
can from an enforcement standpoint what
[1:09:54]
you can and cannot do.
>> Right.
[1:09:56]
» Um and Vicki probably touched on this
here in a second, but there are cities
[1:10:00]
who have enacted legislation to further
restrict the use of ebikes. I think we
[1:10:07]
would fully support that. It's been oh
the last three years now that they've
[1:10:12]
become exceedingly popular and I think
they will continue to be
[1:10:15]
» the restriction would be under a certain
age.
[1:10:18]
» Well potentially yeah regardless of
classification
[1:10:22]
» correct
>> um
[1:10:22]
» okay
>> but [clears throat] see what others have
[1:10:26]
done have been vetted and so on and so
forth.
[1:10:27]
» Yeah and that's the only reason why I
raise it is just to get the conversation
[1:10:30]
started. I don't have any
recommendations at this point. This is a
[1:10:35]
hot topic among city administrators
because um SIMCOG just did a study, a
[1:10:41]
crash study. I asked about ebikes at
that crash study and they said, "Well,
[1:10:46]
they don't categorize them in any
category." So, they're not a motorcycle.
[1:10:51]
They're not they're just a bicycle. Um
so, most of the cities are passing
[1:10:57]
ordinances to restrict it off sidewalks,
certain areas, those kinds of things.
[1:11:02]
What I would recommend to council is let
chief and I work on some data points and
[1:11:08]
we'll bring it back to council in the
October meeting. We can get some sample
[1:11:13]
ordinances. He can work with his
colleagues, see what they're doing in
[1:11:17]
their cities. Uh it is an issue. We've
got uh several groups that collectively
[1:11:24]
ride around town. Sometimes they're on
the sidewalks. Uh sometimes they're not.
[1:11:29]
Uh there's a group that rides from u the
center center of the city all the way
[1:11:35]
out to South Park um multiple times.
>> I've seen them on the golf course.
[1:11:40]
» Yes.
>> So I think the ebikes is something we
[1:11:44]
need to address and kind of get ahead of
it. But if you'll allow Chief Camp and I
[1:11:49]
to work through
>> Absolutely. And that that's what I told
[1:11:52]
officer Snodgrass um was that that I
would raise it here so that we could do
[1:11:57]
something [clears throat] with with that
matter.
[1:12:01]
» He had some really good materials that
he shared with me that talked about the
[1:12:05]
classifications of of the bikes and
such.
[1:12:07]
» It's a month long enough to have that
discussion. So [clears throat and cough]
[1:12:09]
at the next work session
>> yeah I think we can at least gather
[1:12:13]
information and then start the dial.
>> So at least discussion we can ask more
[1:12:17]
questions.
>> Yes.
[1:12:18]
» Okay. Yeah, that I I mean I think that
so let's put that on the next work
[1:12:22]
session.
>> Okay. Thank you. That's all I have.
[1:12:26]
» Commissioner Deina,
>> I have nothing. No, sir.
[1:12:29]
» Um the charter commission. I have been
talking with citizens about the charter
[1:12:34]
commission. So I'm bling the page. Uh
what people are confused about is they
[1:12:40]
think this charter commission is our
next council, all 13 of them. So when if
[1:12:46]
we're a commission form of government
and then we're electing charter
[1:12:50]
commissioners, you can see how that may
be confusing. So what I would like to
[1:12:54]
do, and Mike and I have already talked
about this, you and I have not,
[1:12:58]
[clears throat]
is refer to it in our public as a
[1:13:01]
charter committee with the understanding
so everyone understands, we set it out
[1:13:06]
there, but the when you start talking
about commissioners and okay, is it
[1:13:10]
these guys? Okay, we're electing more
commissioners. Let's refer to it as a
[1:13:14]
committee with one task and one task
only. I think that probably be a better
[1:13:19]
way to communicate it. Uh and uh see we
we've got a meeting tonight on that.
[1:13:26]
Correct.
>> This afternoon at 2:00.
[1:13:28]
» This afternoon.
>> That's the last uh scheduled charter.
[1:13:33]
» 2:00.
>> Yeah.
[1:13:34]
» Okay. Uh KY3, when are they going to run
the interview?
[1:13:38]
» They did this morning. Yeah.
>> So the So that's already gonna Okay,
[1:13:41]
good.
All right. I don't Nice work with
[1:13:46]
everyone. I like the staff work, working
together, working as teams. It's paying
[1:13:50]
dividends.
I don't have anything else. So,
[1:13:56]
» umformational items.
>> Me, Andrew, Doug, uh Tessa Bunch.
[1:14:02]
That's it.
>> Okay. Next regular city council meeting
[1:14:06]
is Thursday, October 8th. We we're
already building a pretty sizable agenda
[1:14:10]
for that one right here at the city
annex. And the our next work session
[1:14:16]
will be Thursday, October 22nd at 9:30
a.m. here in this room. I have a motion
[1:14:21]
to go into close session. My motion we
go into close session. Uh we'll convene
[1:14:25]
in close session pursuing section
6.0.021.
[1:14:29]
Um in attendance, please. Um Doug Poss
Tessa, who's not in the room, she
[1:14:34]
» she'll be here at 11:00.
>> Okay. and our city clerk and our city
[1:14:37]
administrator.
>> And I would just ask that um because of
[1:14:41]
the technology that we need for this
room that we would hold close session in
[1:14:47]
here. Any of the public that wants to
stay or staff if you'll use the small
[1:14:51]
conference room.
>> Second call roll.
[1:14:57]
» Mayor Renburg.
>> Yes.
[1:14:58]
» Commissioner Gina. Hi.
>> Commissioner Ken Gaspar. Hi. All right.