Sep 06, 2022 Council Work Session

THREE EIGHT, WHICH IS THE SAME AS REPORT.

THOSE MINUTES FOR AUGUST 16TH ARE APPROVED.

NEXT IS THAT NUMBER THREE? THE REASON WE'RE HERE, OUR TOPICS OF DISCUSSION THIS EVENING, I WILL START WITH ITEM

[ City Manager Report]

BRIAN, HOW ARE YOU, SIR? UH, I'M GOOD, MR. MAYOR.

THANK YOU VERY MUCH.

UM, A COUPLE OF ITEMS FOR COUNSELING COMMUNITY ATTENTION TONIGHT.

I JUST WANTED TO FOLLOW UP ON, UH, THE VOUCHER PROGRAM.

THAT WAS AN ITEM THAT COUNCIL HAD ASKED US TO LOOK INTO.

UH, WE'VE GOT THAT NEARLY COMPLETED.

UH, WE ARE LOOKING TO GIVE A PRESENTATION TO COUNCIL ON EITHER THE 20TH OR THE FOURTH, DEPENDING UPON THE WORK SESSION AGENDA.

FINAL SLPS ARE BEING DRAFTED BY VIOLA AT THIS TIME.

AND WE HAVE AN INTERNAL STAFF MEETING OUR FINAL IN TERMS OF STAFF MEETING ON THIS TOMORROW, UH, ON SEPTEMBER 7TH, UH, SPEAKING OF SEPTEMBER 7TH, IT WASN'T TOO LONG AGO THAT, UH, CITY COUNCIL, UH, ADOPTED A, UH, LEGISLATION APPROVING THE MYRIAD MEADOWS PROJECT.

UH, AND, UH, AS PART OF THAT LEGISLATION, UH, ONE OF THE DIRECTORS WAS TO MEET WITH THE OWNERSHIP OF, UH, THE HUBER CENTER.

SO THAT MEETING IS ALSO HAPPENING TOMORROW AFTERNOON, UH, TO TRY AND CONTINUE THE MOMENTUM THAT'S BEEN BUILDING OVER THERE.

UH, WANT TO REMIND EVERYBODY THAT THIS SATURDAY, SEPTEMBER 10TH FROM 11 TO SEVEN, OVER AT THE ICC IS, UH, THE CITY'S MARYGOLD FESTIVAL.

UH, WE'LL HAVE MUSICIANS, UH, UH, MUSICIANS MAGICIANS AND SOME FOOD TRUCK MAYHEM, A FULL CONCERT, UH, AND, UH, EVENT DETAILS ARE AVAILABLE ON THE WEBSITE, H H O H.ORG.

UH, ALSO WANT TO LET FOLKS KNOW THAT THE KROGER AQUATIC CENTER IS NOW CLOSED, UH, BUT WE HAD AN OUTSTANDING SEASON, UH, AND THOSE PEOPLE WHO, UM, WHO ARE MISSING THAT FACILITY CAN, UH, CAN ALREADY ORDERED THEIR 2023 PASSES, 40% OFF, BUT THIS WEEKEND AND NEXT WEEKEND, UH, ALSO WANT TO TOUCH BASE WITH RESPECT TO THE FACILITY MANAGEMENT PLAN.

THAT WAS AN ITEM THAT HAS BEEN DISCUSSED HERE AT CITY COUNCIL.

THE LAST FEW MEETINGS, UH, WE HAVE PROVIDED A LIST OF, UH, I THINK IT'S 25 OR 26 DIFFERENT FACILITIES TO BE INCLUDED IN THE PLAN, UH, TO FOUR SEPARATE ENGINEERING FIRMS SO THAT THEY CAN QUOTE THAT WORK.

UH, AND WE HAVE AN IDEA OF, UH, OF WHAT THAT MIGHT LOOK LIKE.

AND THEN, UH, SPEAKING OF FACILITIES, UH, I HAVE AUTHORIZED THE ENGINEER TO, UH, THE ARMY CORPS OF ENGINEERS WITH RESPECT TO BRIDGING, UH, THE STREAM UP ON THE CENTER POINT 70 PROPERTY, AS WELL AS BEGINNING TO PREPARE A RFP FOR DESIGN.

SO WE'RE CONTINUING TO ADVANCE.

UH, THE PUBLIC WORKS FACILITY HAS ALSO, UH, HAD BEEN REQUESTED BY COUNCIL.

THAT IS MY REPORT FOR THIS EVENING SERVING LISTS OR ANY QUESTIONS OR CONCERNS.

THANKS RIGHT NOW ONLY COUNSELING, UH, QUESTIONS FOR BRIAN REGARDING THOSE ITEMS IN HIS UPDATE.

NEXT UP IS ITEM THREE B THE ROADWAY AND GUARD RAIL REPAIR REPLACEMENT AWARDING THE CONTRACT, MIKE.

THANKS, BRIAN.

[ Roadway Guardrail Repair/Replacement - Award Contract]

YES, MAYOR.

IS NUMBER THREE, WHICH IS INCREASED NOT TO EXCEED AMOUNT FOR PHOENIX OUTFITTERS.

UM, THIS WAS A PREVIOUS LEGISLATION THAT HAS BEEN BROUGHT TO BEFORE YOU REGARDING, UM, SOME ARE REPLACEMENT THAT WAS REQUIRED THROUGH INCLEMENT WEATHER.

WE EXPERIENCED TWO LAST SEASONS WINTER.

UM, AND BASICALLY THIS IS JUST TO AWARD THE BIDS THAT WE'VE RECEIVED.

UM, I'M HAPPY TO ANSWER ANY QUESTIONS ABOUT THAT CONCERNING, UM, ANY, ANYTHING MOVING FORWARD? ANY QUESTIONS FOR MIKE? OKAY.

ANY OBJECTIONS TO MOVING THIS ON TO MONDAY? OKAY.

SO NEXT UP

[ Increase Not to Exceed Amount - Phoenix Outfitters - Fire Division Safety Equipment]

THIS IS FOR THE FIRE DIVISIONS SAFETY EQUIPMENT.

UH, YES, SIR.

THIS IS, UH, JUST IN RESPONSE TO, UH, THE, UH, SPENDING LIMITATION, UH, THAT, UH, EXISTS WITHIN THE CODE, UH, WITH THE PERSONNEL THAT WE'RE BRINGING ON.

UH, WE NEED TO, UH, PURCHASE SOME ADDITIONAL SAFETY EQUIPMENT.

AND SO WE NEED THAT ITEM BUMPED UP, UH, SO WE CAN PURCHASE THE APPROPRIATE EQUIPMENT AND WE WOULD ASK COUNCIL TO ENTERTAIN LEGISLATION ON MONDAY.

NEXT UP IS ITEM THREE D WHICH IS THE MARDI GRAS DRIVE AREA, A WATER MAIN REPLACEMENT SOLICITING BEDS, RIGHT? UH, YES, SIR.

ANY QUESTIONS FOR RYAN? ANY OBJECTIONS TO MOVING THIS ONTO MONDAY? OKAY.

WE'LL SEE YOU MONDAY.

[ Mardi Gras Drive Area - Water Main Replacement - Solicit Bids]

[00:05:01]

UH, THIS IS, UH, TO AUTHORIZE THE CITY TO SOLICIT BIDS FOR THE MARDI GRAS PROJECT.

UH, THIS IS AN ISSUE TO FUNDED PROJECT, UH, AND WAS PREVIOUSLY, UH, REVIEWED BY COUNSEL AT, BUT TO SAY EARLIER IN THE YEAR, UH, MR. BERGMAN, IS THERE ANY ADDITIONAL COMMENTS THAT YOU'D LIKE TO OFFER TO COUNCIL ON THIS PROJECT? UH, WELL, I WOULD JUST WANT TO JUST LET YOU KNOW, WE'RE REPLACING SOME SIX INCH AND EIGHT INCH WATER MAIN OUT THAT LOCATION, UH, WHICH HAS HAD MANY BREAKS OVER THE EXTENDED FIVE OR SIX YEAR PERIOD HAD LIKE 13 WATER MAIN BREAKS.

UM, AND WE WERE INSTALLING A BETTER, UH, ZINC COATED PIPE THIS TIME INSTEAD OF REGULAR DUCTILE IRON, BUT IT IS DUMPED ON AND ENDED UP BEING PROBABLY A SIX MONTH WAITING PERIOD.

AGAIN, ONCE WE GET, GO OUT TO BID TO GET THE PIPE, SO WE'LL START AS SOON AS WE CAN.

SO THAT NEXT YEAR WE CAN TRY TO GET THOSE ROADS.

OH, I'LL GET THAT PAVED.

AND, UH, WELL, I WAS GONNA SAY THE OTHER PROJECTS THE SAME WAY, SO, OKAY.

THANKS FOR US, BRIAN.

YOU SAID THIS IS ISSUE TWO FUNDS.

THIS IS OUTSIDE OF THE SCOPE OF OUR CURRENT WATER MAIN REPLACEMENT.

THAT'S GOING ON IN WARD THREE.

THIS IS A WHOLE SEPARATE ISSUE HERE, CORRECT? THAT'S CORRECT.

THIS WAS AN OPPORTUNITY FOR US TO IDENTIFY SOME GRANT FUNDS AND PUT THOSE FUNDS TOWARDS, UH, ADDRESSING THE WATER MAIN PROJECT.

SOME OF THE WATER MAIN PROBLEMS THAT WE HAD HAD IN PREVIOUS YEARS.

SO THIS IS IN ADDITION TO THE MONEY THAT WE ALREADY BUDGET ANNUALLY.

ANY QUESTIONS FOR BRIAN? YES, I NEED IT.

I WAS JUST WONDERING HOW IT CAME DOWN TO MARDI GRAS WITH EVERYTHING THAT'S BEEN GOING ON AWARD FOR HOW SUDDENLY WE'RE PICKING UP MARDI GRAS ALL OVER OTHER AREAS.

I'D HAVE TO DEFER TO THE ENGINEER BECAUSE THE PROCESS IS AN ADVANCED TO WHERE WE ARE AS OF TODAY.

THAT PROJECT WAS APPLIED FOR OVER, OVER A YEAR AND A HALF AGO AT THE TIME WHERE TO GROW WAS THE WORST STREET WE HAD SERIOUSLY A YEAR AND A HALF AGO, MARDI GRAS A YEAR AND A HALF WAS ABOUT WHEN ALL THE MAJOR PROBLEMS WE HAD STARTED STARTED, UH, RIGHT AFTER THE SOFTENING, WHICH WAS IN THE MIDDLE OF THE 20, 20, SO TWO YEARS AGO.

BUT WE HAD STARTED APPLYING FOR THIS PRIOR TO THAT.

THAT'S WHY WAS THERE ANY OTHER GRANT MONEY SO WE CAN PICK UP ON THESE OTHER, SINCE WE WERE ABLE TO FIND THIS FOR THIS ONE.

WELL, THERE'LL BE MORE GRANT MONEY COMING UP HERE THAT WE'RE GOING TO BE TRYING FOR, FOR SOME WATER MAIN PROJECTS.

SO YEAH, THERE'S A LOT COMING UP.

AND THE QUESTIONS FOR BRIAN OR FOR US.

OBJECTIONS ARE MOVING THIS ONE.

YES, MARK, UH, RUSS GOOD JOB.

AND HOW MUCH IS THE TOTAL GRANT? UH, THE GRANT IS FOR A HUNDRED THOUSAND.

IT'S A $400,000.

WELL, THAT WAS FOUR TO 500,000.

IT'S A HUNDRED THOUSAND GRANT.

I THINK WE HAD TO DO A HUNDRED THOUSAND LOAN ON THAT.

AND DID YOUR OFFICE GO AFTER THAT? YEAH.

GOOD JOB.

ANY OTHER QUESTIONS FOR BRIAN OR RUSS? OKAY.

ANY OBJECTION TO MONDAY.

AM THREE, WHICH IS THE 20, 23 WATER MAIN REPLACEMENT PROJECTS, ENGINEERING DESIGN RUSS.

AND NEXT IS, I

[ 2023 Water Main Replacement Projects - Engineering Design]

UH, YES.

THIS IS A FOR US TO GO OUT FOR DESIGN PROPOSALS FROM ENGINEERING FIRMS. A STREET MAP IS INCLUDED IN YOUR PACKET, SHOWS THE STREETS THAT WE HAVE CHOSEN TO DESIGN.

UH, ALL THESE STREETS HAVE HAD MANY WATER MAIN BREAKS IN THE LAST FEW YEARS.

UH, WE DO THAT IN OUR GIS.

WE TRACK WATER MAIN BREAKS.

WE'VE ACTUALLY DONE IT NOT ONLY FOR THE LAST THREE YEARS, BUT FOR THE PAST 10 YEARS.

UH, AND SO LOOKING AT THAT MAP, WE HAVE CHOSEN THESE STREETS THAT WE FELT THAT NEEDED THE MOST, UH, THE MAPS SHOW SEVEN STREETS THAT WE WOULD DESIGNED WE'LL DESIGN THEM INDIVIDUALLY.

UH, SO WHEN THEY'RE COMPLETE, WE CAN DESIGN AT THAT TIME, WHICH STREETS WE'D LIKE TO INCLUDE IN THE NEXT PROGRAM.

SO IT'D PROBABLY BE CLOSER TOWARDS THE END OF THE YEAR.

IT'S ABOUT A FOUR TO FIVE MONTH PROCESS TO GET DESIGNED.

UH, WE STILL HAVE A TOM BERG THAT WAS DESIGNED PREVIOUSLY TO ADD TO THAT.

SO WE'LL HAVE EIGHT STREETS TO BE LOOKING AT AT THAT TIME.

AND, UH, YOU KNOW, AT THAT TIME WE'LL LOOK AT HOW MUCH OF THE BUDGET WE WANT TO USE AND DECIDE THAT IF WE USE THE SAME 1.8 MILLION, WE'RE USING THIS TIME, UH, WE'LL BE ABLE TO DO AT LEAST FOUR, FOUR TO FIVE STREETS OF THOSE EIGHT.

AND THEN WE CAN KEEP THOSE FOR THE NEXT NEXT PROGRAM AFTER THAT I HAVEN'T DESIGNED ALREADY.

SO ANY QUESTIONS FOR US JUST REAL QUICK, WHY DID THAT ONE ON HUBBARD STOPPING? WHY DID THE PROJECT DOWN HUBBARD STOP AT HANDLE DRY? IT SEEMS LIKE BETWEEN THAT DRIVE AND HARSHMAN BILL IS WHERE THERE'VE BEEN A WHOLE LOT OF IT.

HUBBARD.

UH, THERE'S TWO SECTIONS OF HOVERED.

WE'RE DOING ONES NOW.

ONE'S LATER.

THE MIDDLE PORTION DID NOT HAVE AS MANY BREAKS AS THE OTHER TWO PORTIONS.

ANY OTHER QUESTIONS FOR US? YES.

NONE ROSTER.

[00:10:04]

MARK.

WERE YOU ON EIGHTH STREETS LISTED IN YOUR OVERVIEW HUBBARD CHEST UNDER SAN BARRY TO EXPERIENCE ART BOOK ALTER ONE FOR STORE? SOME OF THEM? NO.

UH, OKAY.

I'LL HAVE TO CHECK THAT BECAUSE MY MAP HAS SEVEN.

UH, I MAY HAVE TO PULL ONE OF THOSE.

I'M NOT SURE WHICH ONE IS NOT THE RIGHT ONE.

OH, WELL, ONE OF THEM HAS TWO STREETS.

SO NUMBER TWO ON HERE AS, UH, SAM BARRY AND CHESSUM AS ONE PROJECT.

DONE.

UM, I'M TRYING TO REMEMBER ONE MORE QUESTION THAT WE RECEIVED ON CITY COUNCIL RECEIVED A LETTER FROM A, UM, A RESIDENT AND, UM, BASICALLY ASKING YOU ABOUT WHAT WE'RE LOOKING FOR WITH, UM, LIFE EXPECTANCY AND WARRANTY AS WE GO FOR WATERLINE REPLACEMENTS FOR YOU, OR WERE YOU ABLE TO GET A COPY OF THAT LETTER? HAS IT BEEN SENT TO, YOU KNOW, UM, BASICALLY WHAT THE RESIDENT'S ASKING IS, UM, IF AS WE GO INTO THIS, WE ARE LOOKING AT, UM, HIS, UM, CURSORY RESEARCHES THAT WATER MAINS ARE, UM, WATER ARMS HAVE A LIFE EXPECTANCY BETWEEN 20 AND 100 YEARS.

AND I THINK THE OVERVIEW IS WHAT ARE WE DOING TO ENSURE THAT THE WATER LINES WE'RE PUTTING IN OR MORE TOWARDS THE HUNDRED, AS OPPOSED TO THE 20, UH, THE BEST THING TO SAY ON THAT IS SOME OF THE ONES IN THE PAST, WE'VE, WE'RE GETTING, UH, 50 TO 60 YEARS OUT OF SOMETHING.

MOST OF THE ONES WE'RE REPLACING THAT'S HOW LONG THEY'D BEEN IN THE GROUND.

AND LIKE I SAID, BE BEFORE, UH, SOME OF THESE WERE PUT IN WITH NOT ANY BACKFILL, THEY'RE JUST DIRT WAS THROWN BACK INTO THE TRENCH AND SOME OF THE PIPE WAS INFERIOR.

SO A LOT OF THE PIPE IS BETTER NOW IN ANY OF THESE REPLACEMENT PROJECTS, WE'RE DOING, UH, THE ZINC COATED, WHICH IS A NEW THING.

THAT'S BEEN IN EUROPE FOR AWHILE, BUT, UH, IT DOES HELP WITH CORROSION TO CUT DOWN ON THAT.

WE'D LIKE TO STAY WITH DUCTILE IRON, CAUSE WE FEEL LIKE IT'S A BETTER PIPE OVER THE PVC.

UM, BUT, UH, LONGTERM, MY WIFE FEELS IS GOING TO BE LONGER THAN WHAT IT IS NOW, SIMPLY BECAUSE OF THE BETTER PRACTICES WE'RE USING AN INSPECTION, WHICH WE DIDN'T HAVE BACK THEN.

AND, UM, JUST ON THE SAME LINES, IS THERE UNEXPECTED WARRANTY WHEN THE STUFF IS IN SMALL, YOU ONLY GET LIKE A ONE-YEAR WARRANTY FROM THE, UH, THE CONTRACTORS, UH, TYPICALLY THE PIPE ITSELF.

I CAN CHECK THAT, BUT I DON'T THINK THERE'S NOT A LONG-TERM WARRANTY ON IT MIGHT HAVE A SHORT TERM, BUT YEAH.

THANK YOU, ROSS.

MA'AM SO WE JUST HOPE THAT ARE BETTER PRACTICES, MORE INSPECTIONS, BETTER PIPE AND BETTER BACKFILL EXTEND THOSE THE LIFETIME OF THOSE PIPES OUT FURTHER THAN WHAT WE'RE ALREADY WE'RE SEEING.

ANY OTHER QUESTIONS? YES.

MARKER.

RUSS, WILL YOU RESURFACE THE STREET CURB TO CURB AFTER THE PROJECT'S COMPLETED? YES.

WE'RE TRYING TO DO THAT, UH, FOR THE PROJECT WE'RE DOING, STARTING AT, HOPEFULLY AT THE END OF THE YEAR, BEGINNING OF NEXT YEAR, UH, WE PLAN TO TRY TO PAVE ALL THOSE STREETS AT THE END OF THE YEAR.

UH, IT'S GOING TO KIND OF DEPEND A LITTLE BIT ON LIKE WHEN THE PIPE DOES SHOW UP AND HOW FAST THIS, THIS CONTRACTOR HAS ALL FIVE STREETS.

UH, AS SOON AS HE CAN, HE'S GOING TO DO ONE AT A TIME.

SO EVERYONE WOULD GET DONE.

WE DO HAVE TO GO IN AND REPLACE THE CURB ON THOSE STREETS BEFORE WE PAID THEM.

AND THAT CONTRACTOR HE'S, HE'S STILL WORKING NOW ON WHAT WE GOT.

SO, UH, NEXT YEAR, AS LONG AS THOSE STREETS GET, UH, THE WATER MAIN IN IT, WE'LL TRY TO GET THE CURB DONE AND GET IT PAVED.

USUALLY IN OCTOBER, NOVEMBER OF NEXT YEAR, WE'RE DOING THE BEST AGAIN TO TRY TO GET THEM ALL DONE.

SO RUSS, OVER 10 YEARS AGO, YOU PILOTED A PROGRAM, I THINK, IN THE AREA.

WOULD THIS BE SIMILAR TO THAT? YES, BUT THE ONLY THING DIFFERENT ON THIS ONE IS WE ARE USING STREET PROGRAM MONEY, THE STREET PROGRAM TO PAVE THE ROADS.

AND I THINK ON THAT ONE, WE MAY HAVE BEEN ABLE TO DO IT WITH THE WATER MAIN WE DID.

UH, BUT THE ACTUAL WORK ITSELF WILL BE VERY SIMILAR TO THAT PROJECT.

AND HOW SUCCESSFUL HAS THAT BEEN? OH, VERY SUCCESSFUL.

WE HAVE NO PROBLEMS WITH ANYTHING.

WE DON'T HAVE ANY BREAKS DOWN THERE.

ANYTHING, ANY, ANY OF THE NEWER ONES WE'VE DONE? WE DON'T HAVE.

AND I BELIEVE IN LOOKING AT THE PACKET, UH IT'S, IT'S VERY SIMILAR.

WE'RE COMING UP, WE'RE GOING TO START AS SOON AS THE PIPE COMES IN AND I'M STILL HOPING IT COMES IN BY THE END OF THE YEAR.

AND YOU WERE THE ENGINEER AT THAT POINT.

SO I FEEL VERY CONFIDENT THAT EVERYTHING WILL GO WELL.

UH, HOW WILL THE BE BASED ON THE SEASON, WHAT WERE YOU START IT AT THE BEGINNING OF A CONSTRUCTION SEASON TO TRY TO WRAP UP BY WINTER, UH, FOR THIS REPLACEMENT

[00:15:01]

SO HE'LL, HE'LL START WHENEVER THAT JANUARY, IF HE HAS TO, BECAUSE WE CAN DO, YOU CAN DO A WATER MAIN IN JANUARY, FEBRUARY AT THAT TIME.

SO, SO WE'LL DO IT WHERE IT'S MOST CONVENIENT FOR THE PROPERTY OWNERS THAT ARE FACED WITH THIS PROJECT.

AND I DON'T THINK IF IT HIT ALL OUR TRAFFIC WAS SLOWED DOWN OR STOPPED WHEN YOU DID THE, UH, AREA THAT I'VE TAUGHT.

NOW, MOST OF THESE, SOME, WELL, SOME OF THESE ARE GONNA BE, UH, BETWEEN THE CURB AND SIDEWALK AND SOME WILL BE IN THE ROAD DUE TO THE FACT THAT THE EXISTING ONES IN BETWEEN A CURB AND SIDEWALK.

SO WE HAD TO PUSH IT OUT ONTO THE ROAD.

UH, BUT YEAH, THEY'LL ALWAYS MAINTAIN ONE LANE OF TRAFFIC THROUGH THERE.

IS I AM THREE F AS THE STORM WATER FEES, RIGHT? IT'S GONNA BE YOU OR RUSS.

ANY OTHER QUESTIONS? ANY OBJECTIONS TO MOVING THIS ONTO MONDAY? OKAY.

NEXT UP

[ Stormwater Fees]

UH, PROBABLY BOTH OF US, UM, IN RESPONSE TO, UH, COUNCIL'S DIALOGUE.

THE LAST TIME THAT THIS MATTER WAS AT THE DYESS AND I'M LISTENING TO SOME OF THE FEEDBACK THAT WE HAD.

UM, THERE WAS A REQUEST THAT THIS ITEM BE BROUGHT BACK, UM, BY, UM, THE REQUIRED NUMBER OF MEMBERS OF COUNCIL.

UH, AND BASED ON THE FEEDBACK THAT WE HAD RECEIVED THROUGH THIS DIALOGUE, UH, HERE AT THE DIOCESE, WE HAD SUBMITTED, UM, A NEW FEE STRUCTURE, UM, MORE IN LINE WITH SOME OF THE COMMENTARY.

AND WE WOULD ASK THAT COUNCIL ENTERTAIN THE LEGISLATION THAT'S PROPOSED, UH, WHICH IS INCLUDED IN YOUR PACKET ON MONDAY, UH, REFLECTING THAT NEW FEE BASED ON THE COUNCIL DIALOGUE.

SO BEYOND THAT, I'M HAPPY TO, UH, TO TURN THE FLOOR OVER TO RUSS AND, AND, UH, HAVE HIM COME IN AND ANY ADDITIONAL ITEMS THAT COUNCIL MAY HAVE QUESTIONS OR CONCERNS ABOUT.

AND THE ONLY ONLY THING I'D LIKE TO ADD WAS I DID TALK TO JIM BELL AND HE SAID THAT THE $2 FEE WE HAD GENERATED 600, $15,000 A YEAR.

UH, THE THREE 50 FEE WILL INCREASE THAT BY 461,000, UH, MAKING IT JUST OVER, UH, CLOSE TO 1.1 MILLION PER YEAR.

UH, AND THEN HE ALREADY SAID THAT NEXT YEAR WE ALREADY, ALREADY HAVE USED FOR MOST OF THAT INCREASE FOR THE NEW STREETSWEEPER THAT MIKE WANTS.

SO HOPEFULLY MAKE GOOD USE OF THIS MONEY.

AND, UH, I WOULD NOTE THAT COUNSEL HAD PREVIOUSLY RECEIVED COMMUNICATIONS FROM MY OFFICE REGARDING INFLATION OVER TIME, UH, AND THAT THE PROPOSED FEE, UH, RECOMMENDED IN THIS ORDINANCE IS ON PAR WITH, UH, THE ESCALATOR THROUGH, UH, THE BUREAU OF LABOR STATISTICS REGARDING INFLATION.

SO I DID WANT TO CLARIFY THAT AS WELL, BRIAN, JUST, JUST TO BE CLEAR FOR ANYBODY LISTENING, WATCHING.

SO WILL YOU JUST TALK ABOUT WHAT THE DIFFERENCE IS AND THIS LEGISLATION OF THE LAST ONE REGARDING THE FEE AMOUNT AND THEN THE CPI CHANGE? UH, YES, SIR.

SO, UM, IN THIS PARTICULAR LEGISLATION, UH, WELL LET ME BACK UP, UH, CHRONOLOGICALLY THE LEGISLATION THAT WE HAD PROPOSED PREVIOUSLY INCREASED, UH, THE FEE FROM $2 TO $3, THEN INCREASE THE FEE FROM $3 TO THREE 50 AND PROVIDED AN AUTOMATIC CPI ESCALATOR, CONSUMER PRICE INDEX ESCALATOR FOR EVERY YEAR THEREAFTER.

AND THERE WAS SOME CONCERN ABOUT THAT ESCALATOR AND THAT PRICE.

SO BASED ON THE, THE DIALOGUE, THIS PARTICULAR LEGISLATION COMES BACK AND SETS THE RATE AT THREE 50 AND THREE 50 ONLY.

THERE IS NO CPI ESCALATOR IN THIS PARTICULAR LEGISLATION.

SO ANY CHANGE BEYOND THIS FEE IN THE FUTURE WILL REQUIRE LEGISLATIVE ACTION BY COUNCIL.

SO IT'S A $3 NOW IN THREE 50 NEXT YEAR.

IT'S JUST THREE 50 NOW.

NOPE.

SO IT'LL GO FROM $2 TO THREE 50 PERIOD, AND THEN ANY OTHER CHANGE WILL BE BUILT BY COUNCIL LEGISLATIVELY IN THE FUTURE.

ANY QUESTIONS FOR BRIAN OR RUSS? NOVEMBER IS WHEN I SEE THAT, YEAH, NOVEMBER 1ST, 2022.

AND THE QUESTIONS.

ANY OBJECTIONS TO MOVING THIS ONE TO MONDAY'S MEETING? OKAY.

AND I ASSUME THIS WOULD HAVE THE TWO READINGS AS AN ORDINANCE.

IT DOESN'T NEED TO READ WHAT WE HIT.

LET'S TAKE IT BACK TO NOVEMBER.

SO WE HAVE THAT TIME.

IS ITEM 3G, WHICH IS A CITY OF FAIRBORN WASTEWATER SERVICES CONTRACT.

[ City of Fairborn - Wastewater Services Contract]

UM, YES, SIR.

UH, THIS PARTICULAR LEGISLATION, UH, APPROVES OUR INTERGOVERNMENTAL SERVICE AGREEMENT WITH THE CITY OF FAIRBORN TO BEGIN RECEIVING, UH, WASTEWATER, UH, FROM WHAT IS NOW THE CENTER POINT 70 AREA.

UH, WE ARE CURRENTLY UNDER CONTRACT WITH, UM, CLARK COUNTY TO TREAT, UH, THAT EFFLUENT.

UH, BUT THIS WOULD A, THIS WOULD ALLOW, OR THIS WOULD CHANGE, UH, THAT AFFLUENCE, UH, RECEIVING, UH, POINT TO FAIRBORN.

UH, THE CITY OF DEARBORN IS PROPOSED, UH, TO, I BELIEVE, UH, ENTERTAIN THIS ITEM

[00:20:01]

ON THE 19TH OF SEPTEMBER.

SO JUST A WEEK OR SO BEHIND US.

UH, AND THEN ONCE THAT'S DONE, UH, THIS WILL COMPLETE, UH, OUR RELATIONSHIP WITH FAIRBORN.

AND THEN IT'S JUST A MATTER OF CONSTRUCTING, UH, THE SEWER MAIN, UH, TO GET THAT IN LINE FOR, UH, FOR OUR DEADLINE NEXT JUNE.

THANKS BRIAN.

ANY QUESTIONS FOR BRIAN REGARDING THIS AGREEMENT WITH FAIRBORN ANTSY? UM, BRIAN, I'VE GOT A COUPLE OF QUESTIONS.

UM, AND THE FIRST PARAGRAPH OF THE WASTEWATER AGREEMENT, THERE WAS AN ACRONYM OR WRC.

I DON'T KNOW WHAT THAT STANDS FOR.

DO YOU KNOW WHAT IT IS? UH, RC NUMBER ONE SECOND LINE AT THE END.

UM, WOULD THAT BE, GOSH, DARN IT.

I'M IN THE WRONG ITEM HERE.

HOLD ON ONE SECOND.

THIS BIRD'S ON ME.

PULL THAT UP.

I BELIEVE THAT'S THE OTHER NAME FOR THE FAIRBORN PLANT RECLAMATION.

YEAH, SOMETHING LIKE THAT.

WATER RECLAMATION CENTER OR SOMETHING.

I AS JUST YOUR SIENNA ACRONYM WITHOUT A DESCRIPTOR, UM, ON NUMBER FOUR, UM, IT SAYS, UH, WHEN THE CURRENT TREATMENT PLANT REACHES 70% CAPACITY THAN A JOINT EFFORT FOR EXPANSION WOULD BEGIN, DO WE KNOW WHAT THEIR CAPACITY IS? WHAT THEIR CURRENT USAGE IS RIGHT NOW? UM, I BELIEVE, UM, IT'S IN MY NOTES.

UH, I WANT TO SAY THAT IT'S ABOUT 60% IS WHERE THEY ARE.

SO WE'VE GOT A LITTLE BIT OF VOLUME LEFT BEFORE WE GET THERE.

I'LL DOUBLE CHECK THAT FOR YOU.

MA'AM BUT OKAY.

UM, AND UNDER UNACCEPTABLE SEWAGE, SINCE WE'RE GOING TO HAVE THINK A TRUCK STOP OUT THERE IN THAT AREA AND OTHER INDUSTRIAL THINGS IS THE QUESTIONNAIRE THAT THEY'RE GOING TO GIVE, UH, THE TENANTS.

UM, I HOPE, UH, ADVISING THEM OF, AGAIN, STUFFING FUEL AND OTHER THINGS INTO THE, INTO THE SYSTEM.

I'M SORRY, COULD YOU REPEAT THE QUESTION ONE MORE TIME? I SAID, I HOPE THAT, UH, WHEN THEY DO THE, UM, IT SAYS HE WRITES HERE REQUIRE ALL INDUSTRIAL AND COMMERCIAL, DISCHARGERS COMPLETE A SEWAGE DISCHARGE QUESTIONNAIRE.

I HOPE THAT WOULD INCLUDE SOME INFORMATION ABOUT NOT DUMPING OIL OR FUEL OR WHATEVER INTO THE SEWER SYSTEM.

OH, YES.

MA'AM AND THOSE TYPICALLY THOSE, UH, FACILITIES TYPICALLY COME WITH GAS AND OIL SEPARATORS, UM, AS PART OF THEIR DRAINAGE SYSTEM.

UM, AND ON, UM, AND PARAGRAPH 13, YOU MIGHT WANT TO LOOK AT THAT CAUSE THERE'S SOME TYPOS IN THERE.

MA'AM I DON'T NEED, UM, AND THE POWER IS INCLUDED.

UM, THIS IS THE BACKUP FOR GETTING THE INSTALLATION UTILITY POWER, INCLUDING THEM, UH, STANDBY POWER.

AND HAVE WE INCLUDED THE COST OF THAT SOMEWHERE? UH, YES.

MA'AM.

SO THERE'S A, THE AGREEMENT PROVIDES FOR, UM, A ANNUAL FEE.

I BELIEVE IT IS OF 12,000, UM, THAT, UM, IS DESIGNED TO PAY FOR THE WE'LL CALL IT REGULAR MAINTENANCE, INCLUDING THE UTILITY BILLS AND BASIC CHECKS, UH, OF THAT FACILITY SO THAT WE DON'T HAVE TO DISPATCH PERSONNEL TO THAT LOCATION, UH, TO MONITOR AND, UH, NOR DO WE NEED TO CUT ADDITIONAL CHECKS, BUT I'M TALKING ABOUT THE INITIAL INSTALLATION OF THE UTILITY POWER.

AND IN PARAGRAPH 13, IT, HE RIDES A BCLA RESPONSIBLE FOR GETTING THE INSTALLATION OF UTILITY POWER, INCLUDING THE POWERS, STANDBY POWER, AND THAT'S PART OF THE SCOPE OF OUR PROJECT.

ALL RIGHT.

ANY OTHER QUESTIONS? OKAY.

AN OBJECTION IS MOVING INTO MONDAY.

NOPE.

NEXT UP IS, I AM THREE H, WHICH IS A CASE OUR Z 22 DASH 17 FOR MICHAEL REZONING REPLANT IN 94, 16 TILLERS.

[ Case RZ 22-17 - Michael Skilwies - Rezoning/Replat - 9416 Taylorsville Road]

WE'LL ROTATE AARON OVER BRIAN, BUT, UM, WHOEVER WANTS TO GO FIRST.

UH, BUT, UH, IS ONE THAT WOULD ULTIMATELY RESULT IN, UH, THE SKILL WE SAYS, HAVING A LEGAL USE AT THEIR CURRENT LOCATION FOR, UH, WHAT IT IS THEY'RE DOING NOW.

UH, WHEN THIS ITEM WAS LAST, BEFORE COUNCIL, UH, COUNSEL HAD REQUESTED THAT, UH, CITY STAFF REVIEW AND EVALUATE THE OPTIONS THAT WERE AVAILABLE, SKILL WHEEZES TO, UH, AVAILABLE TO THE CITY, UH, TO TRY AND BEST ADDRESS THE, UH, SKILL WHEEZES SITUATION, UH, IN RESPONSE TO THAT REQUEST, UH, MR. CRL PUT TOGETHER A MEMORANDUM OR A RECOMMENDATION LETTER THAT WAS INCLUDED IN YOUR PACKET FOR REVIEW AND EVALUATION.

[00:25:01]

UH, MR. SHARELLE IS HERE TO ADDRESS ANY QUESTIONS OR CONCERNS THAT COUNCIL MIGHT HAVE ABOUT, UM, WHY HIS RECOMMENDATION IS HIS RECOMMENDATION OR HOW, UH, OR WHY HE BELIEVES THAT THIS IS THE BEST WAY TO ACCOMMODATE THE SCHOOL LOUISE'S REQUEST, UH, ADDITION THAT WE'VE HAD SOME CONVERSATIONS INTERNALLY, UH, WITH THE CLERK AND, UH, MR. ROGERS CAN PROVIDE COUNSEL, UH, SOME ADVICE ON THE BEST WAY TO ADDRESS THE LEGISLATION THAT IS CURRENTLY BEFORE HE ORDERED THIS MATTER.

SO AS A CITY MANAGER AS MENTIONED, UH, I BASICALLY WENT THROUGH AND OUTLINED, UM, FOUR ADDITIONAL OPTIONS THAT ARE AVAILABLE TO THE, TO THE CITY COUNCIL.

UM, ONE WOULD BE TO ALLOW THE BOARD OF ZONING APPEALS TO CONSIDER USE VARIANCES.

THAT'S NOT MY NECESSARILY PREFERRED APPROACH, BUT IT IS AN APPROACH RIGHT NOW.

THE BZA IS PROHIBITED FROM, UM, GRANTING VARIANCES ON USE, JUST AREA IN BULK.

UM, THERE WAS A HIGH HURDLE LEGALLY THAT THE, THAT THE APPLICANT WOULD NEED TO MAKE IN ORDER TO BE GRANTED A USE VARIANCE.

I DON'T KNOW THE, UM, THE PERSONALITIES OF THE BZA MEMBERS, BUT, UM, SOME BCAS ARE MORE CONSERVATIVE THAN OTHERS.

UH, I'M NOT SURE THAT THAT WOULD BE IN THE BEST INTEREST.

UH, MY RECOMMENDATIONS ARE EITHER TO EXPAND THE DEFINITION OF A HOME OCCUPATION.

CAUSE RIGHT NOW THE CURRENT DEFINITION IS PRETTY LIMITING, UH, OR, UM, EXPAND THE ABOUT ALLOWABLE SPECIAL USES WITHIN THE AGRICULTURAL DISTRICT TO ALLOW, UM, VEHICLE AND AUTO REPAIR, AS WELL AS BED AND BREAKFAST OR A COMBINATION OF THOSE, UH, THOSE THREE EXPANDING THE BROADENING, THE HOME OCCUPATION DEFINITION, UH, ALLOWING, UM, SPECIFICALLY BED AND BREAKFAST IN THE AGRICULTURAL, UH, DISTRICT.

I THINK FOR THE SKILL LISA'S PURPOSE, IF WE BROADEN THE HOME OCCUPATION DEFINITION, WE'VE, UH, WE'VE ADDRESSED THEIR, THEIR CONCERNS.

SO I'M REALLY HERE TO SORT OF ANSWER ANY DETAILED QUESTIONS THAT YOU HAVE ON THE APPROACH, UM, OR, OR THAT RECOMMENDATIONS THAT I MADE.

UM, I HAVE A QUESTION HAVING BEEN ON THE BA, UM, AS, UH, AS HAS OTHER MEMBERS OF COUNCIL WAS ALWAYS MY UNDERSTANDING THE COUNCIL HAD NO AUTHORITY LEVERAGE OR WHATEVER YOU WANT TO CALL IT OVER THE BZA AND THEN A APPLICANT.

SO THE ONLY RECOURSE WAS TO GO TO COURT IF THEY DIDN'T AGREE WITH THE BCAS DECISION.

SO I'M NOT QUITE SURE I'M UNDERSTANDING THE FIRST OPTION THAT YOU PRESENTED THERE BECAUSE WE DON'T REALLY HAVE THE AUTHORITY TO BASICALLY GO BACK AND HAND IT TO THE BZA.

SO YOU HAVE THE AUTHORITY TO CHANGE THE ZONING CODE, WHICH RIGHT NOW PROHIBITS THE BZA FROM EVEN CONSIDERING USE VARIANCES.

UH, IF WE WERE TO CHANGE THE CODE TO ALLOW THE BZA TO CONSIDER USE VARIANCES IN THE FUTURE, WE WOULD ALSO THEN ESTABLISH THAT CRITERIA FOR GRANTING A USE VARIANCE RIGHT NOW THEY DO NOT HAVE THAT ARROW IN THEIR, IN THEIR QUIVER.

UM, I WOULD SAY ABOUT HALF OF THE CITIES ALLOW USE VARIANCES AND THE OTHER HALF DON'T.

SO YOU'RE JUST IN THE STACK THAT DOESN'T PERMIT THEM AT THE MOMENT, BUT THAT IS TRUE.

IF THE BZA OR TO DENY THE USE VARIANCE, THEIR ONLY RECOURSE WOULD BE THEN, UM, AN ACTION IN FRONT OF COMMON POLICE COURT.

AND BASICALLY THE BZA HAS WELL, THEY HAVEN'T GONE TO, YEAH.

THEY WENT TO THE BCA, THEY WERE DENIED BECAUSE THE VCA DIDN'T HAVE THE AUTHORITY, EVEN GRANT THE USE VARIANCE.

WE WOULD NEED TO CHANGE THE ZONING CODE TO ALLOW THEM TO CONSIDER THAT THE BZA, HIS HANDS WERE REALLY TIED FROM, FROM THE GET-GO.

BUT EVEN AT THAT POINT, THAT'S NOT YOUR RECOMMENDATION.

LIKE YOU SAID, THAT YOU DIDN'T THINK THAT WOULD BE IN THEIR BEST INTERESTS.

SO AT THIS POINT IN TIME, NOT KNOWING THE PERSONALITY OF THE MEMBERS OF THE BZA, I THINK, I THINK EITHER EXPANDING HOME OCCUPATION OR ALLOW, UH, BROADENING THE DEFINITION OF SPECIAL USES IS, IS, IS BETTER IN THEIR FAVOR.

BUT IF WE'RE GOING TO AMEND THE CODE AND THE, UH, AND THE COUNCIL WANTS TO ADD THAT OPTION TO, UM, BZA, UM, YOU KNOW, ADDING FOUR OR FIVE MORE PARAGRAPHS IS NOT A LOT OF EXTRA EFFORT.

SO IF YOU WANT TO HEAD DOWN THE TEXT AMENDMENT PATH, THEN WE CAN DO A COMBINATION OF ALL OF THESE WITHOUT A LOT OF EFFORT, BUT IT'S, BUT WE HAVE NOT, I'VE NOT HAD THIS CONVERSATION WITH PLANNING COMMISSION, UH, EITHER.

UH, I WAS GOING TO BRING THAT UP DEPENDING ON THE GUIDANCE THAT WE GET, UM, MONDAY OR TODAY.

UM, WE'LL HAVE THAT CONVERSATION WITH THE PLANNING COMMISSION THEN ON TUESDAY.

[00:30:03]

ANY OTHER QUESTIONS? YEAH.

GLENN, UM, WHICH I DID CHANGE AND CHANGING THE ALLOWABLE USES.

ARE YOU SIMPLY REFERRING TO FOR AGRICULTURAL ZONE PROPERTIES OR WOULD THAT BE ALL RESIDENTIAL PROPERTIES AS WELL? BECAUSE I CERTAINLY DON'T WANT TO OPEN THE CAN OF WORMS AS SOMEBODY TRYING TO OPEN A GARAGE IN THE MIDDLE OF A PLAT.

UM, SO IF WE ARE ESTABLISHING OR CHANGING OR EXPANDING, EXCUSE ME, THE SPECIAL USES, IT WOULD ONLY APPLY TO THE AGRICULTURAL DISTRICT.

IF WE EXPAND THE HOME OCCUPATION TO ALLOW, UM, VEHICLE REPAIR.

WHAT I DRAFTED IN THE REGULATIONS WAS A MINIMUM OF A THREE ACRE LOT, I BELIEVE SO THAT WE DON'T HAVE THE ISSUE OF SOMEBODY STARTING TO RUN A GARAGE OUT OF.

THERE ARE FOUR PLAT AT HOME.

UM, TH THE LARGER LOTS BY AND LARGE ARE JUST IN THE, UH, THE ARWAN AND AGRICULTURAL DISTRICT AREAS.

AND, AND THE, THE BZA CHANGE WOULD THAT BE CONSIDERED THE MOST NARROW PATH OR THE MOST, IT WOULD BE VERY DIRECT TOWARDS EACH INDIVIDUAL SITUATION, THE LEAST ABROAD.

I, I SUPPOSE, CHANGE THE LEAST BROAD WOULD BE CONTINUING DOWN THE PATH WITH THE PLAN INDUSTRIAL REZONING SPECIFIC TO THIS PROPERTY THAT IS THE MOST NARROW APPROACH, OR THE SECOND MOST NARROW WOULD BE, UM, THE USE VARIANCE PATH.

BUT I, I WOULD SAY I WOULD GIVE, UH, A 40% SUCCESS RATE TO THE SKILL LEASES ON HEADING DOWN THAT PATH.

JUST KNOWING THE HISTORY OF THE CASE AND WHAT IS REQUIRED TO BE MET FOR A USE VARIANCE, BECAUSE I KNOW EVERY SITUATION IS ITS OWN SITUATION.

AND I KNOW THERE'S THIS VERY SPECIAL AND DIFFERENT, AND I DON'T WANT TO OPEN THIS UP, OPEN UP A CAN OF WORMS IN THE FUTURE WHERE WE GO, OH MY GOSH.

WE WENT TOO BROAD ON THIS, AND NOW THAT'S MY ONLY CONCERN.

THAT'S WHY I ASKED THE MOST RESTRICTIVE OPTION THAT GIVES THEM THE BEST CHANCE OF SUCCESS.

LET ME JUST ASK THAT BASICALLY.

THE MOST RESTRICTIVE OPTION, UM, WOULD BE CONTINUING DOWN THE PATH OF PLANNED INDUSTRIAL, HOW THE DOWNSIDE TO THAT IS THAT LAND WILL BE CONTINUED, BE PLANNED INDUSTRIAL UNTIL COUNCIL UNTIL THERE'S ANOTHER LEGISLATIVE ACT TO CHANGE THE ZONING MAP.

UM, EITHER BROADENING THE HOME OCCUPATION OR THE SPECIAL USE, THE SPECIAL USES EXPIRE, UM, ONE YEAR AFTER DISCONTINUANCE.

SO IF THEY MOVE OUT OR STOP, YOU KNOW, THEY, THEY, THEY MOVE THEN THAT USE REALLY ENDS AS, AS A GARAGE.

SO OUTSIDE OF THE DUKE PLANNED INDUSTRIAL, THE USE OF VARIANTS SOUNDS TO ME LIKE THAT'S THE MOST RESTRICTIVE AND ALLOWS THEM TO DO WHAT THEY'RE DOING EXPIRES AFTER ONE YEAR.

IF THEY LEAVE, THEY'RE DONE EXPANDING THE SPECIAL USE.

THIS IS A WAY OKAY.

EXPANDING SPECIALTY.

IT'S STILL FAIRLY RESTRICTIVE, BUT HAS A GOOD CHANCE OF SUCCESS FOR THAT.

YES, I BELIEVE SO.

IS THAT WHAT, SO WHAT ARE YOU RECOMMENDING? I WOULD RECOMMEND EITHER A COMBINATION OF EXPANDING THE SPECIAL USES IN THE, UH, IN THE AGRICULTURAL DISTRICT, UM, TO ALLOW VEHICLE REPAIR, UH, AND ALSO BEN BREAKFAST, BECAUSE THAT ISSUE HAS RAISED ITS HEAD, UM, AND THE NEIGHBOR, BECAUSE THAT'S THE NEIGHBOR.

UH, AND THEN I WOULD, WHILE WE'RE AT IT, I WOULD EXPAND HOME OCCUPATIONS.

BUT IF WE'RE GOING TO EXPAND SPECIAL USES, I WOULD SCRATCH AUTO SERVICE AS A HOME OCCUPATION.

UM, YEAH.

OR WE SHARE THAT, THAT NEIGHBORING BUSINESS IS A BED AND BREAKFAST AND NOT LIKE AN AIRBNB, AIRBNB, IT'S KIND OF A HYBRID BETWEEN A BED AND BREAKFAST AND A CAMP GROUND.

THEY HAVE A, A YERT, A BIG TENT IN THE BACK THAT THEY, UM, THAT THEY RENT OUT LIKE A, LIKE A AIRBNB, WELL, SORRY, LIKE A BED AND BREAKFAST.

CAUSE THEY STILL LIVE ON THE PROPERTY.

BUT INSTEAD OF RENTING A HOME, A RE A ROOM, THEY HAVE A BACKYARD TENT AND ESSENTIALLY IT'S A NICE TENT, BUT IT'S A 10.

IS THAT NOT? AND THAT'S NOT ALLOWED UNDER THE CURRENT ZONING FOR THAT AREA.

THAT'S CORRECT.

THAT IS EAST OF BELL FOUNTAIN THAT IS SUBJECT TO BE DEVELOPED.

UM, I GUESS WANT THIS COUNCIL TO THINK ABOUT WHILE WE'RE DEALING WITH THEIR SPECIFIC CASE, THERE ARE OTHER AREAS IN THE CITY THAT ARE VERY SUBJECT TO HAVING THE EFFECTS OF ANY CHANGES THAT ARE MADE.

FOR INSTANCE, UM, ALL THE RURAL PROPERTY

[00:35:01]

AND THERE'S A LOT OF ACREAGE OVER THERE.

AND I THINK THAT IF WE MADE THAT CHANGE AND WE ALLOWED MORE INDUSTRIAL TYPE BUSINESSES IN THERE, WHETHER IT BE WHATEVER IT MIGHT BE, THAT WE WOULD GET A LOT OF FEED FEEDBACK, CRITICAL FEEDBACK FROM THE RESIDENTS OVER THERE.

SO TRYING TO SOLVE ONE PERSON'S PROBLEM, WE NEED TO BE COGNIZANT OF THE, OF DIFFERENT RURAL DEVELOPMENTS AROUND THE CITY THAT ARE OPEN TO A REDEVELOPMENT FUTURE.

HOW EXPANDED IS THAT USE? BECAUSE WE HAVE, AS YOU SAID, AND WE'VE, AND WE'VE DEALT WITH THIS ISSUE BEFORE, UM, NOT SPECIFICALLY AS A COUNCIL, BUT WE'VE HAD TO GET THE LAW DIRECTOR INVOLVED IN, UH, PEOPLE USING THEIR HOME AS A, AS A BUSINESS ALREADY AND WHAT THEY WERE ALLOWED TO DO AND NOT ALLOWED TO DO.

AND I THINK YOU EVEN STARTED THIS CONVERSATION BY SAYING THAT THAT'S KIND OF SOME, UH, REAL WISHY-WASHY AREA, THE WAY THAT THAT CODE IS WRITTEN AND WHAT'S ALLOWED.

SO I UNDERSTAND WHAT NANCY IS SAYING IS, AND I THINK W YOU KNOW, WHAT I FAVOR IS SOMETHING THAT ALLOWS THEM TO DO WHAT THEY NEED TO DO WITHOUT AFFECTING ALL THE OTHER PROPERTIES THAT ARE CURRENTLY ZONED AGRICULTURAL OR, UM, YOU KNOW, I DON'T KNOW.

I THINK WE NEED TO UNDERSTAND WHAT'S CURRENTLY ALLOWED BY HOME-BASED BUSINESS OR HOME OCCUPATION VERSUS WHAT WOULD CHANGE.

AND CAN WE WRITE THE CODE THAT REALLY LIMITS OR KEEPS THAT ALMOST WHAT IT IS NOW, BUT MORE CLEAR.

UM, AND THEN CERTAINLY THAT WE DON'T HAVE, AS NANCY SAID, YOU KNOW, BUSINESSES THAT ARE ALL THE PROPERTIES THAT ARE EAST OF BELL FOUNTAIN AND WARD SIX, YOU KNOW, OPENING UP SELF SERVICE GARAGES AND REPAIR CENTERS AND ALL THOSE KINDS OF THINGS.

SO, UM, SO I THINK THAT IS SOMETHING WE HAVE TO CONSIDER THAT WE'RE JUST NOT TRYING TO ALLOW ALL OF THIS, BUT CERTAINLY BE FRIENDLY TO THEM AND WHAT THEY'RE, WHAT THEY'RE GOING THROUGH, MARK AARON.

IF THAT PROPERTY WASN'T IN USE, AND THERE WAS AN APPLICANT COMING TO THE CITY, WOULD YOUR RECOMMENDATION BE THE SAME WELL, MY ORIGINAL ACCURATE RECOMMENDATION WAS TO DENY THE REZONING TO BEGIN WITH YOUR RECOMMENDATION.

LIKE, WOULD IT BE THE SAME? UM, I DO THINK THAT THERE IS AN OPPORTUNITY TO EXPAND, UH, THE SPECIAL USES IN THE AGRICULTURAL DISTRICT TO ACCOMMODATE A BROADER, UH, ARRAY OF USES THAT ARE PROBABLY ALREADY ON GOING ON RIGHT NOW, THE AGRICULTURAL DISTRICT IS PRETTY DARN NARROW.

UM, SO I THINK THAT IS MY RECOMMENDATION IS TO, TO EXPAND THAT REGARDLESS OF IF IT'S THIS BUSINESS OR A SMALL CARPENTRY OR, UM, YOU KNOW, SOMEBODY, SOMEBODY ELSE THAT IS WORKING OUT OF THEIR, THEIR ACCESSORY STRUCTURE, UM, I THINK THAT IS THAT'S APPROPRIATE.

SO UNDER THAT ASSUMPTION, IF THAT WORK WASN'T GOING ON AT THAT PROPERTY, YOU WOULD RECOMMEND EXPANDING THE AGRICULTURE.

WOULD IT BE EXPANDED TO THE LEVEL THAT IT WOULD INCLUDE THIS BUSINESS? UM, PROBABLY NOT TO, TO THAT LEVEL.

UM, BUT, UM, WELL, SO YES, BECAUSE RIGHT NOW, WHAT IS BEING PROPOSED IN HERE IS THAT ALL ACTIVITY WOULD NEED TO TAKE PLACE INDOORS.

UH, AND SO THAT THE RESIDENTIAL CHARACTER FOR THE MOST PART IS STILL PRESERVED.

UM, AND SO I THINK MY RECOMMENDATIONS ARE, DO A GOOD JOB OF BALANCING THE, THE OPENING UP, UH, OR LOOSENING SOMEWHAT OF THE RESTRICTIVENESS OF THE USES, BUT STILL MAINTAINING, UH, IN EFFECT AS THE OPERATION, THAT RURAL CHARACTER, THAT RESIDENTIAL CHARACTER THAT IS THE AGRICULTURAL DISTRICT.

IT'S, IT'S REALLY LARGE LOT RESIDENTIAL USES WITH A FEW EXCEPTIONS OF, UH, THE LAST FEW REMAINING ACTIVE FARMS. SO IF YOU'D BE PATIENT, LET ME ASK AGAIN, IF THIS USE WASN'T OCCURRING ON THIS PARCEL, WOULD YOU RECOMMEND WHAT YOU ARE TONIGHT? YES.

ON AGRICULTURE.

SO THE REASON WHY I ASKED THAT IS BECAUSE OF WHAT NANCY ASKED, IF THAT'S THE CASE, THEN WE DO NEED TO EXPAND IT.

IN THE AG DISTRICT BEYOND WHAT IS CURRENTLY PROMOTE, UH, PERMITTED IN THE CODE.

AND I WOULD PROBABLY IF, IF YOU WANT, UM, I THINK THAT THERE ARE OPPORTUNITIES BEYOND JUST THE, UM, AUTOMOTIVE VEHICLE REPAIR AND BED AND BREAKFAST THAT WE CAN LOOK AT.

UM, I WAS, MY DIRECTION WAS TO ADDRESS THIS PARTICULAR ISSUE AT HAND, BUT I DO THINK THAT THERE ARE OPPORTUNITIES TO EXPAND WHAT CAN BE DONE

[00:40:01]

AND IT'S THAT OPPORTUNITY A LENGTHY TIME PERIOD? OR IS THAT SOMETHING THAT YOU COULD DO IN A 30 DAY WINDOW? SO I CAN DO IT IN A 30 DAY WINDOW, THE CODE PRESCRIBES, IT WILL TAKE ABOUT 120 DAYS FROM BEGINNING TO END.

AND THEN THAT WOULD COMPLETE YOUR REVIEW, YOUR RECOMMENDATION AND WHATEVER LEGISLATIVE PROCESS THERE MIGHT BE.

AND THAT WOULD GIVE THE PLANNING COMMISSION TO MEETINGS TO DIGEST THAT AS WELL AS, UM, YOU KNOW, AT ONE PUBLIC HEARING IN FRONT OF THE PLANNING COMMISSION, ONE PUBLIC HEARING IN FRONT, AT LEAST ONE PUBLIC HEARING IN FRONT OF, UM, THE COUNCIL.

AND IS THERE A WAY TO ALLOW THE ACTIVITY TO CONTINUE UNTIL THAT'S WRAPPED UP? YEAH.

IF THE, IF THE DIRECTION OF COUNCIL IS THAT WE WANT AHEAD IN THIS PATH, WE ARE DOWN THIS PATH.

WE'RE NOT GOING TO CONTINUE.

WE'RE GOING TO STAY THE ENFORCEMENT ACTIONS LIKE WE ARE NOW, WE'RE NOT TAKING ANY ADDITIONAL ACTIONS UNTIL THIS IS RESOLVED.

THAT WOULD BE MY RECOMMENDATION MAYOR MARK.

UM, WHEN I WAS READING THROUGH THIS, A COUPLE OF THINGS CAME INTO MY HEAD THAT I THOUGHT ABOUT ONE WAS WHAT YOU HAD MENTIONED EARLIER.

THE, UM, WHAT DO YOU WANT TO CALL IT? THE PERSONALITIES MAYBE, OR THE TEMPERAMENT OF THE CURRENT BZA WELL, THAT'S GOING TO CHANGE, DOES IT ALWAYS DOES JUST LIKE THIS COUNCIL IS GOING TO CHANGE.

UM, THE USE VARIANTS TO ME SOUNDED LIKE THE, THE OPTION THAT WOULD ALLOW ANY NEW UNFORESEEN TYPES OF BUSINESSES THAT MAY COME UP AND MAY LOOK TO DO SOMETHING IN THE FUTURE, ALLOW THEM THE OPTION TO AT LEAST BE CONSIDERED AS WELL, WITHOUT MAKING MORE CHANGES, BECAUSE BUSINESSES WILL CHANGE AS WELL.

UM, AND AM I OFF ON THAT? OR, I MEAN, IT JUST SEEMS A USE VARIANCE WAS THE ONLY ONE THAT KIND OF WOULD ALLOW ANY UNFORESEEN TO BE POSSIBLE IN THE FUTURE.

YOU'RE NOT INCORRECT.

UM, RIGHT NOW THE CODE DOES NOT REALLY HAVE A, UH, A CLEAN MECHANISM FOR THE ZONING ADMINISTRATOR TO GO IN FRONT OF THE BZA TO SORT OF GET A, A JUDGMENT ON WHETHER THIS USE IS APPROPRIATE HERE OR NOT.

UM, WE CAN WRITE THE CODE SHORTER OF A USE VARIANCE THAT WOULD, THAT WOULD OPEN UP SAY THE SPECIAL USES THAT IF THE BZA, UM, DECIDES THAT A, THAT THIS NEW UNFORESEEN USE IS REASONABLE HERE, THAT A SPECIAL USE CAN BE, IT'S KIND OF A, LIKE A, A LIGHT USE VARIANCE, BUT IT DOES GIVE THE ZONING ADMINISTRATOR AND THE BZA MORE FLEXIBILITY THAN THE CURRENT CODE PRESCRIBED.

AND IT COULD ADDRESS FUTURE UNKNOWN BUSINESS ACTUAL.

IT GETS, UH, MORE COMPLICATED, BUT I DO THINK WE NEED TO LOOK AT BED AND BREAKFASTS, UM, WHICH DO EXIST.

AND THEN ALL THOSE FUTURE BUSINESSES, THOSE WOULD STILL OFF TO COME BACK.

WOULD THEY BE REQUIRED TO COME BACK TO YOUR PLANNING COMMISSION DEPENDING ON WHAT THE ZONING IS? I MEAN, IF YOU'RE OUTSIDE OR IF IT'S, SO RIGHT NOW FOR A LOT OF THIS, IT COULD EITHER BE HANDLED THROUGH PLANNING COMMISSION OR HANDLED THROUGH THE BZA, UH, DEPENDING ON THE DIRECTION THAT WE WANT TO GO.

MY VALUES ARE, UM, LET'S LIMIT THE AMOUNT OF PUBLIC MEETINGS AND THAT'S REQUIRED FOR AN APPLICANT TO DO SOMETHING TO THE BARE MINIMUM THAT, THAT FURTHERS THE PUBLIC INTEREST.

UM, SO I, I WOULD LEAN TOWARDS, UM, JUST HAVING THE BZA DEAL WITH IT AS AT A ONE AND DONE SITUATION, BECAUSE THERE ARE CURRENTLY HANDLING SPECIAL USES.

UM, SO THEY'RE, THEY'RE, THEY'RE ADEPT AT MAKING THOSE DECISIONS, BUT IF COUNCIL THINKS THAT IT WOULD BE WISER FOR PLANNING COMMISSION THAN, UM, WE CAN, WE CAN MAKE THAT ACCOMMODATION IN THE, IN THEIR REVISIONS AS WELL.

I WOULD, I WOULD LEAVE IT WITH ME, BJ'S HANDLING THEM.

I THINK THAT'S THE REASON TO CHANGE TO CHANGE THAT.

SO, YES.

ANYTHING, UM, YEAH.

WHEN YOU, WHEN YOU, UH, DRAFT THIS, THIS, UH, RECOMMENDATION, ARE YOU GOING TO BE DRAFTING, UM, LED LEGISLATION FOR HER A CODE CHANGE FOR, UM, FOR BNBS OR FOR AIRBNBS OR HUH.

ARE FOR, YEAH.

OR FOR THOSE, I MEAN, YOU'VE GOT TO TALK ABOUT ALL THE DIFFERENT KINDS OF, BECAUSE THEIR REALITY.

SO ARE YOU GOING TO BE ADDRESSING THOSE AND MAYBE EXCEL OR ACCESS ACCESSORY DWELLING UNITS TO SO WE CAN, UM, I HAVE CODE LANGUAGE FOR ALL OF THAT.

I'M NOT A FAN OF REGULATING AIRBNBS THROUGH THE ZONING CODE.

UM, I THINK SHORT-TERM RENTALS SHOULD BE MORE OF A LICENSING ISSUE RATHER THAN A LAND USE ISSUE.

UM, PLUS TRUTHFULLY, UH, THERE AREN'T THAT MANY, UH, AIRBNBS IN HUBER HEIGHTS.

AND I DON'T THINK THAT THE, THE JUICE IS WORTH THE SQUEEZE AT THIS AT THIS MOMENT.

UM,

[00:45:01]

UM, BUT YOU KNOW, WOULD STILL REQUIRE THE RESIDENT TO LIVE ON, ON PREMISE, ET CETERA.

UM, IF THERE ARE WISHLISTS OF OTHER ITEMS THAT YOU HAVE, UM, WE CAN, WE CAN ACCOMMODATE THOSE, THOSE AS WELL, BUT AIRBNBS ARE, AND SHORT-TERM RENTALS ARE A MORE COMPLICATED ISSUE THAT I DON'T THINK IS WORTH ADDRESSING AT THE MOMENT, DON AND I HAVE TALKED ABOUT IT.

UM, BUT AT THIS POINT IN TIME, I WOULDN'T RECOMMEND SPENDING A LOT OF EFFORT ON THAT, BUT SO WE DON'T REALLY HAVE ANY GUIDANCE ON THE BOOKS NOW FOR, FOR, FOR BED AND BREAKFAST.

NO.

DO WE HAVE MANY IN HERE HEIGHTS? DO YOU KNOW? I DON'T KNOW, BUT SINCE IT CAME UP, UM, AS THE ADJACENT PROPERTY OWNER, UH, IS, IS EFFECTIVELY RUNNING ONE, I THOUGHT THE TIME WOULD BE RIGHT TO AT LEAST MAKE SURE THAT OUR CODE ADDRESSES IT FOR AIRBNB.

WHAT WE HAVE TOLD PEOPLE WHO HAVE ASKED ABOUT HIM AS WE TELL THEM THAT THEY'RE NOT PROHIBITED NEUTRAL, THEY'RE JUST LIKE ANY OTHER RENTAL UNIT AT THE MOMENT.

UM, BUT THEN WE GET INTO HOTEL MOTEL TAX COLLECTION AND ALL OF THAT.

AND SO I, THAT'S A LARGER POLICY DISCUSSION THAN THAT.

I THINK WORK WE'RE AT A GREEK.

ANY OTHER QUESTIONS? YES.

NEEDHAM THAT'S MICHAEL, DOES MY SOUND LAWYER, DOES THE AGRICULTURE ZONE ALLOW FOR, LIKE, IF YOU'RE A PIONEER SEED CORN REP TO HAVE YOUR BUSINESS OUT ON YOUR FARM, I MEAN, IT WOULD MAKE MORE SENSE OR, YOU KNOW, YOU DO SEMIS, HOW ABOUT TRACTOR REPAIR, THINGS LIKE THAT COME UP IN AGRICULTURE ALL THE TIME.

DOES THE ZONING ALLOW FOR THAT? AND IS THAT SOMETHING WE NEED TO EXPAND TO IN THIS AGRICULTURAL ASPECT? SO, SO THE, THE WAY THE AG DISTRICT IS WRITTEN IS FOR THE MOST PART, ALL THINGS FARMING CAN OCCUR.

UM, IT'S NOT QUITE LIKE TOWNSHIP ZONING WHERE YOU CAN'T REGULATE FARMING AT ALL.

UM, BUT, BUT WHEN IT COMES TO AGRICULTURAL OR AGRICULTURAL USES, THE CODE'S PRETTY FLEXIBLE.

AND I THINK FOR THE REMAINING FARMS THAT, THAT ARE THAT EXIST, UM, THE ZONING, UM, THE ZONING APPROACH HAS BEEN EXTREMELY ACCOMMODATING TO MAKE SURE THAT THEY CAN CONTINUE TO, TO, UM, WORK UNIMPEDED.

BUT IF YOU WERE DOING LIKE GRAIN SALES, ALL OF THAT I THINK WOULD BE, WOULD BE ALLOWABLE UNDER HERE.

BUT THE CO THE CODE SPECIFICALLY IS, IS REPAIR FOR FARM EQUIPMENT, BUT NO OTHER EQUIPMENT, WHICH IS WHY WE'RE IN THIS SITUATION.

AND IT'S REPAIR FOR THE FARM EQUIPMENT ON THE FARM, NOT OTHER PEOPLE'S FARM EQUIPMENT.

THAT'S HOW I INTERPRETED THE WAY IT'S WRITTEN AT.

OH, YES.

MA'AM, UH, AARON, WHEN YOU, UH, COME BACK WITH A PRESENTATION TO COUNCIL, UH, YOU'RE GOING TO MAKE IT, UH, GIVE US AN OVERVIEW TO INCLUDE SEVERAL, UH, OTHER AREAS, SUBURBS, UH, TO HUBER HEIGHTS THAT, UH, HAVE SIMILAR IN DIFFERENT CODES FOR AGRICULTURE, SO THAT WE CAN, YOU KNOW, USE COMPARABLES TO SEE WHERE WE STAND IN LINE WITH OTHER COMMUNITIES.

I CAN DO THAT IF THAT'S THE DESIRE OF COUNCIL.

IF, IF COUNCIL GOES TO A LARGER POLICY DISCUSSION, I THINK THAT WOULD BE A NECESSARY.

AND THEN, OF COURSE, ANY RECOMMENDATIONS YOU HAVE LOOKING FORWARD.

I MEAN, IT'S ALWAYS HARD TO PREDICT IF WE HAD A CRYSTAL BALL, BUT, UM, IF YOU SEE SOMETHING COMING, UH, THAT WE CAN, UH, ENTERTAIN AT THAT TIME AS WELL, I THINK THAT WOULD BE, UM, ADVANTAGEOUS TO THE DISCUSSION.

MA'AM THANKS, ED.

SO JUST SO AND MAKING SURE WE'RE CLEAR THEN.

SO, UH, YOU HAD MENTIONED LARGER POLICY DISCUSSION.

SO ARE WE AT THE LARGER POLICY DISCUSSION OR ARE WE JUST STILL TRYING TO DEAL SPECIFICALLY TO ADDRESSING THE SKILL LEASES PROPERTY AND, AND WHAT'S HAPPENING THERE AND THEN WHAT WOULD, SO THE NEXT CASE WOULD BE YOU PREPARE SOMETHING, THEY SEND THE PLANNING COMMISSION GOES TO PLANNING, COMMISSION PLANNING COMMISSION.

THEN IT COMES BACK TO CITY COUNCIL FOR APPROVAL.

THAT'S ALL PART OF THAT CODE CHANGE.

SO WE'RE STAYING ANY ACTIONS.

THEY CAN CONTINUE TO DO WHAT THEY'RE DOING, BUT WE'RE GOING TO GO THROUGH A CODE PROCESS.

I'M RECOMMENDING A TEXT AMENDMENT PROCESS.

YOU CONFUSE ME A LITTLE BIT, SO, AND I'M COMPLETELY BEFUDDLED NOW.

SO, BUT DOES THAT SATISFY WHAT YOU'RE LOOKING TO DO OR ARE YOU THINKING THERE SHOULD BE A BROADER DISCUSSION AROUND ZONING POLICY COMPARING TO OTHER CITIES AND ALL THOSE THINGS? IS THAT A SEPARATE DISCUSSION OR ARE YOU LOOKING TO TIE THAT DISCUSSION INTO, INTO THIS ONE, AS IT COMES BACK TO PLANNING AND THEN BACK TO CITY COUNCIL, I'M TRYING TO UNDERSTAND WHAT, WHAT IT IS THAT YOU'RE AFTER OR WHAT YOUR RECOMMENDATION IS.

[00:50:01]

SO, UH, IT'S, UH, WE'RE, WE'RE ON COMMON GROUND HERE.

UH, GOING BACK TO THE COMMENT COUNCILMAN CAMPBELL MADE, I'M NOT SPEAKING FOR HIM.

I JUST WANT TO MAKE SURE I UNDERSTOOD IF WE'RE, UH, IF THE RECOMMENDATION FROM ERIN IS TO LOOK AT, UH, OUR AGRICULTURAL ZONING AND BRING THAT UP TO CURRENT STANDARDS, LOOK AT THAT POLICY UNIT.

WE DON'T HAVE TO CHANGE IT, BUT JUST TO LOOK AT THAT POLICY, UH, TO POTENTIALLY ADD SOME THINGS TO THAT POLICY THAT WOULD AFFECT THE SKILL WEISS'S IN SURROUNDING AREAS.

UH, MARK, WAS THAT YOUR THOUGHT? I MEAN, AM I CORRECT? BECAUSE BELIEVE ME.

SO I THINK YOU HAVE A LOT OF THAT ALREADY RIGHT HERE.

SO THE HOMEWORK OR THE RESEARCH THAT MIGHT BE DONE IS ALREADY DONE.

I WILL NEED TO DO A LITTLE BIT MORE RESEARCH ON, UM, WHAT OTHER SIMILAR SITUATED CITIES ARE, ARE DOING REGARDING, YOU KNOW, ADDITIONAL AGRICULTURAL.

UM, AND I SAYS, THAT'S WHAT YOU'RE ASKING.

UH, YEAH.

I THOUGHT THAT IF WE'RE, IF WE'RE LOOKING AT CHANGING OUR, UM, AGRICULTURAL CODE, THEN THAT'S BASICALLY A POLICY CHANGE.

AND I JUST WANTED TO MAKE SURE, UH, WE ADDED, UM, THE ALL-ENCOMPASSING WHERE WE FALL INTO OTHER CATEGORIES WITH OTHER SURROUNDING COMMUNITIES.

JUST SO WE GET AN IDEA OF WHERE WE'RE, IF WE'RE DOING SOMETHING DIFFERENT, WE WANT TO DEFINITELY KNOW WHY WE'RE DOING THAT DIFFERENTLY.

HAVE IT HAVE A GOOD IDEA? OKAY.

AND, UM, I THINK THAT WOULD HELP.

SO I THINK THAT WOULD BE A POLICY DISCUSSION WE SHOULD HAVE, UM, BEFORE WE MOVE FORWARD ON ANYTHING IN THE STAY WOULD CERTAINLY BE APPROPRIATE UNTIL WE FINISHED THAT POLICY DISCUSSION.

SO AARON, YOU WOULD BRING SOMETHING BROAD ENOUGH BACK TO US THAT WOULD ENCOMPASS AND INCLUDE WHAT ED'S TALKING ABOUT.

I WOULD BRING A SERIES OF RECOMMENDATIONS AND, AND, AND PROBABLY SOME MATRIX OF WHO'S DOING WHAT I'M RECOMMENDING.

WELL, THOSE GO TO PLANNING COMMISSION FIRST THEN HERE, OR WHERE ARE YOU TALKING ABOUT BRINGING THOSE BACK HERE FIRST? SO BEFORE IT GOES TO PLANNING COMMISSION AND THEN BACK HERE, UM, EITHER WAY, UH, IF, IF, IF YOU WANT TO PROVIDE MORE, UM, DIRECTION TO PLANNING COMMISSION, THEN I THINK IT SHOULD START HERE.

UM, BUT OTHERWISE I WILL RUN WITH IT.

WE'LL GO TO PLANNING COMMISSION FIRST.

UH, AND THEN THAT WOULD COME, COME BACK HERE.

SO GET, I MEAN, THE WAY THE CODE SAYS, UH, THE TEXT AMENDMENTS NEED TO TAKE PLACES YOU DIRECT ME THROUGH FROM ARTHUR, A RESOLUTION TO GO FORTH, UH, MAKE THE CHANGES, MAKE THE RECOMMENDATIONS, WHICH THEN I TAKE TO A PLANNING COMMISSION PLANNING COMMISSION AND MAKES A RECOMMENDATION TO THE COUNCIL.

IS THAT OKAY? IS THAT PART OF THAT DISCUSSION THAT YOU'RE OKAY WITH THEM? YEAH.

AND I WOULD THINK THAT WE'D WANT TO START WITH THE POLICY DISCUSSION ON COUNCIL FIRST DECIDE, YOU KNOW, WHICH DIRECTION WE WANT TO GO AND THEN START THE PROCESS THROUGH PLANNING COMMISSION.

I THINK THAT WOULD PROBABLY BE THE WISEST CHOICE IN MY OPINION, BUT I'M OPEN TO DISCUSSION.

SO YES, MARK AARON.

YOU'RE GOING TO PREPARE A DOCUMENT.

WE'RE GOING TO HAVE IT ON THE DICE.

WE'RE GOING TO GIVE YOU DIRECTION.

YOU'RE GOING TO TAKE THAT BACK TO PLANNING COMMISSION IN BETWEEN YOU AND PLANNING COMMISSION.

YOU'RE GOING TO WORK OUT ALL THOSE DETAILS.

THAT'S WHAT I'M HEARING.

YES, YES, YES.

ARE YOU OKAY WITH THAT PROCESS? PERFECTLY FINE WITH THAT PROCESS.

YUP.

ALL RIGHT.

AND THAT WILL HAPPEN IN THE MEANTIME THEY CONTINUE WHAT THEY'RE DOING, BUT THAT OVERALL PROCESS, THEN WHEN THAT COMES FROM PLANNING COMMISSION BACK HERE, WE HAVE A PUBLIC HEARING, ALL THAT'S OPEN.

THEN IF THAT RESOLUTION PASSES AT THAT TIME, THEN WHAT THEY'RE TRYING TO DO THEN BECOMES LEGAL PART OF THE CODE.

DOES THAT, IS THAT YEAH.

SO WHAT I'M HEARING FROM, UM, AS FAR AS THE PROCESS IS A, UM, UH, EITHER A FORMAL OR INFORMAL PRESENTATION TO THE CITY COUNCIL AT A WORK SESSION, UM, THAT WHERE I GET ADDITIONAL INPUT, UM, ABOUT WHAT WE TAKE FORWARD TO PLANNING COMMISSION, WE TAKE WHATEVER THAT IS FORWARD PLANNING COMMISSION.

WHEN WE START THE OFFICIAL PROCESS FOR AMENDING THE ZONING TEXT.

SO WHAT I'M HERE TO RECOMMENDATION IS, YOU KNOW WHAT YOU'RE, AS MARK SAID, YOU'RE GONNA PREPARE A DOCUMENT, COME BACK TO US THAT WILL SPARK OR SPUR THE OVERALL POLICY DISCUSSION.

WE'LL HAVE A CHANCE AT THAT TIME TO WORK THROUGH THAT BEFORE YOU THEN TAKE THAT BACK TO PLANNING COMMISSION.

THAT'S WHAT I'M HEARING.

THEN THAT WILL COME BACK TO COUNCIL AS PART OF THE BIGGER DISCUSSION.

THAT ALSO INCLUDES WHAT THEY'RE TRYING TO ACCOMPLISH THE SKILL, THESE.

SO THAT'LL ALL BE DONE AT THE SAME TIME

[00:55:01]

THOUGH.

CORRECT? DURING THE SAME PUBLIC HEARING, SAME MEETING.

I'M JUST TRYING TO UNDERSTAND THAT.

SO RICHARD, YOU HAD YOUR HAND UP TOO.

DO YOU HAVE SOMETHING NOW? AND THEN WE'RE BUTTON? MY QUESTION HAS BEEN ANSWERED.

THANK YOU, NANCY.

NOW WE'LL GO TO KATE.

UM, EVERY, EVERY STEP THAT THE SKILLINGS HAVE MADE THROUGH THE PROCESS, SORRY, EVERY STEP THAT THE SKILL WEEKS HAVE GONE THROUGH IN THE PROCESS HAS BEEN DENIED BASED ON THE CURRENT CODES.

SO IF A CODE WAS CHANGED, WOULD THEY NOT HAVE TO GO THROUGH AND GET APPROVAL THROUGH EITHER THE BZA OR THE PLANNING COMMISSION? WE COULDN'T JUST RETROACTIVELY GIVE THEM APPROVAL TO MOVE FORWARD? WELL, I THINK IT'S, IT'S NOT GIVING THEM APPROVAL.

IF, IF COUNCIL AGREES TO AND APPROVES THE EXPANDED USE IN THE CODE, THEN NOW THEY JUST, THEY FIT THE CODE ON THERE'S NOTHING THAT SAYS THAT WE'RE GRANDFATHERING ANYBODY DOING THAT.

I MEAN, IF, IF WE CHANGE THE CODE, THE CODE TO, UH, MAKE PERMITTED OR CON SPECIAL USE, UM, AND THEN IF IT IS PERMITTED, LIKE LET'S SAY WE CHANGE THE HOME OCCUPATION TO MAKE IT PERMITTED.

THEN THE ENFORCEMENT SIDE JUST, IT GOES AWAY BECAUSE NOW THAT USE IS PERMITTED AND THERE'S NO ADDITIONAL ACTION REQUIRED UPON THE SKILL LISA'S PART.

UM, IF WE CHANGE THE SPECIAL USE TO BROADEN THAT, TO INCLUDE VEHICLE OR AUTOMOBILE REPAIR, THEY WILL HAVE TO GO BACK TO PLANNING COMMISSION OR EXCUSE ME, BZA FOR A CONDITIONAL, EVERY OTHER CODES THAT COULD CAUSE A CONDITIONAL USE.

AND SO THAT'S WHY I'M STILL A SPECIAL USE APPROVAL.

UM, BUT, BUT THE CRITERIA WILL BE WRITTEN IN THERE.

UM, FOR, FOR THEM TO BASICALLY THEY, THE CRITERIA WILL NOT NECESSARILY BE WRITTEN FOR THEM, BUT THEY ARE BY AND LARGE, ALREADY COMPLYING WITH THE CRITERIA I HAVE IN MY HEAD THAT I'VE DRAFTED OUT.

BUT YOU JUST SAID THAT THE CRITERIA YOU HAD DRAFTED IN YOUR HEAD WOULD NOT INCLUDE AUTOMOTIVE OR, OH, IT WILL.

IF, IF WE, IF, IF, IF, IF THE DIRECTION FROM COUNCIL IS TO GO IN THE SORT OF A MORE LIMITING FASHION, THEN THE, WHERE I THINK WE'RE HEADED IS WE WOULD EXPAND AUTOMOTIVE REPAIR AS A SPECIAL USE IN THE AGRICULTURAL DISTRICT.

AT THE SAME TIME, WE CAN STILL BROADEN THE HOME OCCUPATIONS, BUT I WOULD PULL AUTO REPAIR AS A HOME OCCUPATION SO THAT WE'RE NOT OPENING IT UP TO THE, TO THE WIDER, WIDER CITY.

AND UNDER THE SUGGESTED CODE WOULD, IF SOMEBODY WANTED TO SET UP A VEHICLE PAINTING FACILITY RIGHT NOW, UH, VEHICLE PAINTING IS A PAINT BOOTH WOULD NOT BE PERMITTED ON THERE UNDER THE SPECIAL OCCUPATION UNDER THE SPECIAL USE, BECAUSE YOU HAVE YOUR YOU'RE GETTING INTO MORE SOLVENTS, YOU'VE GOT EPA ISSUES.

AND, UH, I THINK IN THAT CASE, THEY SHOULD GO TO A SPECIAL, SPECIFIC PURPOSE PLACE THAT'S BEING BUILT LIKE THAT.

NOW, IF THEY'RE JUST DOING TOUCH UP PAINTING OR, YOU KNOW, BUT NOT, NOT, UH, RUNNING A FULL, YOU KNOW, AUTO REPAIR BODY SHOP, PAINT BOOTH KIND OF THING.

THAT'S NOT WHAT I HAVE IN MY HEAD.

UM, I DON'T DISAGREE FOR ONE MINUTE AND YOU AND I HAVE TALKED ABOUT THIS, THAT THERE ARE A NUMBER OF CODES THAT WE HAVE IN THE CITY THAT COULD USE SOME UPDATING.

UM, BUT I HAVE, UM, THERE'S A COUPLE OF STATEMENTS THAT HAVE BEEN MADE THROUGH ALL THESE MEETINGS AND, AND PAPERS THAT HAVE BEEN SENT TO US THAT THAT CAUSED ME CONCERN.

AND I HAVE TO ASK THE SCALE WEEKS, UH, ABOUT THEM.

UM, ONE OF THEM WAS THAT MR. MENTIONED ONE TIME THAT, UM, THEY WERE THINKING ABOUT RENTING THE FACILITY OUT BECAUSE THEY WERE DONE DOING IT.

MA'AM YOU DID.

YOU ARE LOOKING TO MAYBE RENT SOME THINGS OFF SITE.

WE NEVER WANTED TO RENT OUR BUILDING.

WE WANTED TO POSSIBLY, IF WE COULD AFFORD IT OR FIND A PLACE WE COULD AFFORD TO RENT A BUILDING OFF PROPERTY, BUT NOT RENT OUR PROPERTY.

WAS RUNNING A BUSINESS OUT OF THE ASSESSORY BUILDING AND HE SAID, NO, AND YOU WERE CLEARLY DOING THAT.

UH, MY OTHER QUESTION WAS FOR, UM, AND SEPTEMBER ON SEPTEMBER 17TH, 2020, UH, 19 20 20, EXCUSE ME.

UM, THE ZONE ENFORCEMENT OFFICERS SPECIFICALLY ASK, I BELIEVE YOUR HUSBAND, IF HE

[01:00:01]

AND I'M JUST KINDA CURIOUS AS TO WHY, WHY HE SAID THAT YOU WEREN'T RUNNING A BUSINESS OUT OF THIS.

I CAN LET MY HUSBAND ANSWER THAT, BUT WE ARE, OUR BUSINESS IS NOT WHAT IS PORTRAYED.

IT'S NOT OUR ADDRESS IS THERE BECAUSE I HAVE A HOME OFFICE THERE AND THAT'S WHERE I SEND INVOICES FROM AND I RECEIVED PAYMENT.

UM, BUT THERE'S VERY LITTLE, ACTUALLY ANYTHING HAPPENING BACK THERE, HONESTLY, BUT YOU'RE RUNNING A BUSINESS OUT OF, WE ARE BUSINESSES, MOSTLY OFF SITE.

IF WE, EVERY ONCE IN A WHILE, WE BRING SOMETHING BACK THERE AND WORK ON IT INSIDE THE GARAGE, IF IT'S GOING TO HAVE TO BE TORN APART.

BUT FOR THE MOST PART, WE ARE IN MOBILE REPAIR BUSINESS.

WELL, WE HAVE A LOT OF PICTURES THAT SHOW VEHICLES, THEIR SEMIS AND STUFF.

SO, YOU KNOW, THESE THINGS, THESE CONTRADICTIONS CAUSED SOME CONCERN.

THAT'S, THAT'S ALL I'M SAYING.

IS THE CRUX OF THE MATTER HERE.

IF I MAY, I WOULD JUST WANT TO SAY THAT I THINK PERSONALLY THAT THE USE VARIANCE, SO THE BZA IS THE BEST LONG-TERM OPTION, IN MY OPINION, BECAUSE IT DOES ADDRESS FUTURE UNFORESEENS.

I THINK WE COULD GO IN THE CODE AND WE CAN CHANGE IT TO ADD THIS BUSINESS AND THAT BUSINESS AND THIS BUSINESS, BUT THERE'S ALWAYS GOING TO BE ANOTHER ONE THAT'S GOING TO POP UP SOMETIME.

AND THEN WE'RE RIGHT BACK IN THIS BOAT, AGAIN, TRYING TO FIGURE OUT HOW ARE WE GOING TO HANDLE THAT ONE? UM, UH, I KNOW THERE'S SOME GOOD PEOPLE ON THE BZA, UM, AND I'M FAMILIAR WITH THE WAY IT OPERATES.

SO, UM, I THINK THEY COULD HANDLE THOSE TYPES OF DECISIONS.

I MEAN, I'VE SEEN STUFF COMING BEFORE THE BZA, THAT'S TOUGH, TOUGH CALLS, AND THEY'VE GOT TO MAKE SOME TOUGH CALLS SOMETIMES IN AND OUT OF NEIGHBORHOODS.

BUT, UM, IT'S JUST MY PERSONAL OPINION.

THAT'S THE QUICKEST, EASIEST, CLEANEST WAY TO ADDRESS THIS AND ANY FUTURE ISSUES OF THIS GENERAL TYPE THAT MAY, MAY SURFACE.

UM, WE'LL NEVER KEEP UP WITH THE EVOLUTION OF BUSINESS AND ADDING WHAT, WHAT NEW BUSINESSES MAY BE OUT THERE THAT MAY BE OKAY, OR MAY NOT BE OKAY, IT'S JUST NOT GOING TO HAPPEN.

UM, WE'D HAVE TO UPDATE THESE ZONING CODES BY ANNUALLY, AT LEAST.

SO JUST MY 2 CENTS, WHAT IT'S WORTH, YOU KNOW, READING THROUGH ALL OF THIS, IT JUST SEEMED THE, THE USE VARIANCE TO ME WAS THE CLEANEST NEATEST WAY TO ADDRESS ONE-OFF SITUATIONS.

SO, RIGHT.

SO TO TRY TO NARROW US BACK HERE.

SO THE REASON THAT WE ARE TALKING ABOUT THIS IS BECAUSE WE HAVE A VERY SPECIFIC BUSINESS, A VERY SPECIFIC LOCATION.

THE COUNCIL'S TRYING TO FIGURE OUT WHETHER OR NOT THEY WERE GOING TO VOTE, UH, TO, TO ALLOW THIS BUSINESS TO TAKE PLACE OR TO SHUT THEM DOWN.

SO I THINK SO WHAT I HEARD AARON SAY WHEN HE STARTED THIS CONVERSATION WAS SO I'M NOT DISAGREEING WITH YOU ABOUT ALL THE FUTURE AND ABOUT VCA, BUT ERIN HAD MENTIONED, THAT'S PROBABLY THE PATH OF MOST RESISTANCE TO GET THESE FOLKS OR TO KEEP THEIR ABILITY TO KEEP PRACTICING THE BUSINESS THAT THEY'RE IN.

SO I THINK REALLY THE DECISION THE COUNCIL HAS TO TALK ABOUT.

SO LET'S JUST TALK ABOUT THE 800 POUND GIRL, EITHER ONE, THESE FOLKS TO CONTINUE DOING BUSINESS AS USUAL THAT THEY'RE DOING, OR YOU DON'T, AND THAT'S THE DECISION YOU HAVE TO MAKE.

IF YOU DON'T WANT THEM DOING THE BUSINESS THAT THEY DON'T, IF YOU DON'T WANT IT THERE, THEN JUST BRING THE LEGISLATION BACK FOR THE PLANNED ZONING FOR THE, FOR THE INDUSTRIAL AND VOTED DOWN.

BUT THAT'S NOT WHAT WE DID.

WE ASKED FOR AN OPINION ON HOW WE MOVE FORWARD TO TAKE CARE OF, OR TO HANDLE THIS PARTICULAR ISSUE.

OR IF YOU WANT THEM TO KEEP DOING BUSINESS, BRING BACK THE ORIGINAL LEGISLATION AND APPROVED THE ZONING CHANGE, BECAUSE IT'S JUST FOR THAT SPECIFIC BUSINESS, WE CAN ADD ANY TYPE OF LANGUAGE TO IT THAT SAYS IF THEY MOVE, IF THEY LEAVE, THEN YOU KNOW, ANYTHING ELSE.

WE EVEN TALKED ABOUT THAT WITH, IF SOMEBODY, IF THEY MOVE AND SOMEBODY ELSE COMES IN AND WANTS TO CONTINUE THAT BUSINESS OR CHANGE IT, THEY WOULD HAVE TO COME BACK TO PLANNING COMMISSION AND GET AN APPROVAL.

SO I'VE HEARD ALL THIS DISCUSSION, BUT NOBODY IS TALKING ABOUT THE REAL REASON WE'RE HERE.

YOU DON'T WANT TO ALLOW THEM TO CONTINUE THEIR BUSINESS OR YOU DON'T.

AND I'M NOT SURE IF IT'S, IF YOU DO WANT THEM TO CONTINUE.

I DON'T KNOW THAT I WOULD DISAGREE WITH AARON THAT, THAT SPECIFIC USE VARIANCE AND GOING BACK TO BZA IS GOING TO GET THE OUTCOME THAT YOU WANT.

IF YOU WANT TO ALLOW THEM TO CONTINUE OPERATING THEIR BUSINESS.

IF YOU'VE MADE UP YOUR MIND THAT YOU WANT THEM TO CONTINUE OPERATING THEIR BUSINESS, CHANGE THE ZONING THAT THE LEGISLATION WAS WE HAD BEFORE US A MONTH AGO, OR IF YOU WANT TO ADD A LITTLE BIT MORE RESTRICTIVE TO IT, GO WITH THE CHANGE THAT AARON HAS RECOMMENDED, WHICH IS THE EXPANDED USE OF THE HOME OCCUPATION.

BUT YOU HAVE TO DECIDE WHETHER OR NOT YOU WANT THEM TO CONTINUE, OR YOU DON'T.

THAT THAT REALLY

[01:05:01]

MARK, I'VE MADE MY DECISION.

I ASKED YOU AARON, IF THIS BUSINESS WAS NOT FUNCTIONING AT THIS ADDRESS AND THEY WERE APPLYING TO FUNCTION A BUSINESS AT THAT ADDRESS, WOULD YOUR RECOMMENDATION BE THE, I THINK I HEARD YOU SAY YES.

YOU THINK THERE IS A NEED TO CHANGE AND EXPAND AGRICULTURAL LANGUAGE.

I THINK THAT THERE IS A NEED TO EXPAND THE, UH, THE ALLOWABLE USES IN THE AGRICULTURAL DISTRICT.

I ALSO THINK THAT THERE IS A NEED TO EXPAND A HOME OCCUPATION DEFINITION TO PROVIDE A LITTLE BIT MORE CERTAINTY AND REALLY REFLECT ON HOW PEOPLE LIKE ME OPERATE A BUSINESS OUT IN AND OUT OF THEIR HOME.

SO TO ANSWER, TO BE ABLE TO ANSWER THE MAYOR, IF WE FOLLOW THAT RECOMMENDATION, WILL THEY BE ABLE TO CONTINUE THEIR BUSINESS THERE? YES.

SO THAT'S MY ANSWER.

I DO WANT THEM TO CONTINUE.

AND THE REASON WHY I WANT THEM TO CONTINUE IS BECAUSE OF WHAT ERIN HAS DESCRIBED AS A NEED TO OUR ZONING CODE.

THE OKAY, WHEN WE STARTED THIS CONVERSATION SEVERAL WEEKS AGO, UM, I UNDERSTOOD YOU TO SAY AARON, THAT WE COULD NOT HAVE, LIKE WHAT I'LL CALL A CONDITION, UH, CONDITIONAL USE ON IT, THAT WE COULDN'T PUT A RESTRICTION ON THERE THAT SAID THAT IF THEY MOVED AWAY, UH, AND THAT THE ZONING FOR THAT PARTICULAR PROPERTY BASICALLY REVERTED BACK TO AGRICULTURAL, CORRECT.

WE COULD NOT, IS VERY BAD PRACTICE, UH, TO HAVE A CONDITIONAL ZONING CHANGE SO THAT THESE ZONING, BECAUSE THE ZONING MAP AMENDMENTS ARE NOT AUTOMATIC.

UM, AND SO THERE NEEDS TO BE ANOTHER LEGISLATIVE ACTION IN ORDER TO CHANGE THE ZONING MAP FROM ONE DISTRICT TO ANOTHER.

SO WE CAN'T, AND SHOULDN'T BUILD IN THAT AUTOMATIC ACTION.

IT'S AT MY RECOMMENDATION.

I DON'T THINK THAT IS GOOD POLICY.

UH, AND I THINK THAT IT WOULD ALSO, UM, WHAT WOULD WIND YOU UP IN COURT FOR THE NEXT PROPERTY OWNER.

SO, BUT HOWEVER, THE ALLOWING EXPANDING THE SPECIAL USES, UM, WOULD, UH, ESSENTIALLY THE, THE CONDITIONAL USE OR THE SPECIAL USE, UM, DOES GO AWAY ONCE THE USE IS VOLUNTARILY DISCONTINUED AFTER I BELIEVE IT'S SIX MONTHS OR MAYBE A YEAR, I THINK THAT'S WHEN THEY WOULD HAVE SOMEBODY ELSE WOULD HAVE TO COME BACK AND APPLY IF THEY WANTED TO CONTINUE THAT OR DO SOMETHING.

AND UNLESS THERE WAS SOMEBODY WHO BOUGHT THE FACILITY SPECIFICALLY TO DO THESE, SAY A VEHICLE REPAIR, AND THEN IT WOULD CONTINUE BECAUSE IT DOESN'T, IT DOESN'T CHANGE BASED ON WHO OWNS THE PROPERTY, CHANGES ON THE LEASE OF THE PROPERTY.

WELL, THE LIKELIHOOD IS GREAT, BUT IF SOMEONE CAME IN THERE AND SAID, OH, I LIKE THIS BIG BARN.

IT WOULD HOUSE MY FARM EQUIPMENT.

I WANT TO REAPER, I WANT TO GET IT REZONED BACK TO AGRICULTURAL.

COULD THEY CERTAINLY THEY COULD, UM, THAT I THINK THAT, YES, THE SHORT ANSWER IS YES, THEY COULD THEN APPLY FOR A ZONING MAP AND CHANGE TO GO BACK TO AGRICULTURAL.

I'M NOT SURE WHY THEY WOULD.

YEAH, I'M JUST, I'M JUST TRYING TO SEE IF THERE'S ANY RESTRICTIONS AND THEN NEXT, AND THEN NEXT TO OWNER OF THE PROPERTY, IF THEY DIDN'T WANT TO CONTINUE AN AUTOMOTIVE BUSINESS, I THINK A CLEANER APPROACH FOR BOTH THE PROPERTY OWNER AND THE BZA AND PLANNING COMMISSION IS TO DO THE TEXT AMENDMENTS, TO, TO ACCOMMODATE THESE TYPE OF USES RATHER THAN CONTINUING TO MOVE FORWARD WITH THE REZONING OF PLANNED INDUSTRIAL.

NOW THAT IS VERY NARROWLY TAILORED AND ONLY AFFECTS ONE PROPERTY.

BUT I THINK THERE'S AN OPPORTUNITY TO, OKAY.

I GUESS MY CONCERN WAS, IF WE'RE GOING TO CHANGE THE ZONING, I WANT IT TO NOT JUST BE SPECIFIC TO THIS CHALLENGE THAT WE'RE FACING RIGHT NOW.

I WANT IT TO BE SOMETHING THAT IS USEFUL ACROSS THE BOARD IN DOING THE TEXT AMENDMENT.

WE'LL DO THAT.

UNFORTUNATELY, IT'S THEIR POSITION.

AND I JUST WANT TO SAY RESPECTFULLY THAT I DON'T THINK IT'S, THIS IS PURELY ABOUT THE SCHOOL WASTE.

THAT'S KIND OF BROUGHT THIS SUBJECT UP, BUT I THINK THE SUBJECT IS MUCH MORE BROAD.

UM, I THINK THIS ADDRESSES ALL OF OUR AGRICULTURAL PROPERTIES AND WE NEED TO KEEP THAT IN MIND.

I DO BELIEVE WE SHOULD PROBABLY EXPAND USAGE ON AGRICULTURAL IF IT HASN'T BEEN DONE IN A LONG TIME AND IT NEEDS TO BE UPDATED.

ABSOLUTELY.

BUT MAYBE, MAYBE WE DO THAT AND CONSIDER THE BZA USE VARIANTS FOR FUTURE THINGS.

I DON'T KNOW, BUT WE GOTTA BE THINKING MORE BROAD, BROAD, BROADLY MINDED IN THE FUTURE.

THIS ISN'T JUST ABOUT, I KNOW THEY'RE HERE RIGHT NOW AND I DON'T MEAN THAT DISRESPECTFULLY.

I KNOW THEY'RE HERE RIGHT NOW AND THIS IS THEIR SITUATION,

[01:10:01]

BUT IT'S NOT JUST ABOUT THAT PROPERTY.

THIS IS ABOUT ALL OF OUR AGRICULTURAL PROPERTIES.

SO WE GOT TO KEEP THAT IN MIND.

IT WAS NOW BECAUSE WE WERE TALKING ABOUT THE BROADER DISCUSSION, BUT THIS IS THEIR ISSUE IS WHAT WE'VE GAVE DIRECTION TO STAFF TO COME BACK WITH A SOLUTION FOR CORRECT.

YOU FRAMED IT AS EITHER.

WE HAVE A CHOICE EITHER.

WE WANT THEM TO DO BUSINESS OR WE DON'T, AND THAT'S SIMPLY NOT TRUE.

WELL, I THINK BASED ON WHAT AARON SAID, SENDING IT BACK TO BZA HAS ALREADY DENIED IT.

NO, NO, NO.

HE SAID, HE'S NOT SURE HOW THEY WOULD RESPOND TO THAT REQUEST.

HE DOESN'T KNOW HOW THAT GROUP OF INDIVIDUALS WOULD, IF THEY WOULD SAY YES OR NO, HE DOESN'T KNOW THEIR TEMPERATURE IS THAT'S THE WAY I TOOK IT.

THAT'S CORRECT.

BECAUSE SOME OF THE CRITERIA, FOR EXAMPLE, ON GRANTING A USE VARIANCE IS THAT THERE IS NO OTHER ECONOMICAL USE OF THE LAND.

WELL, THAT'S CLEARLY NOT THE CASE.

UH, SO WHAT'S WHY I SAY THAT THE BAR IS PRETTY HIGH FOR THAT USED TO BE GRANTED, WHICH I THINK IS WHY BROADENING THE SPECIAL USES IS, IS A BETTER APPROACH FOR NOT ONLY THE TASK AT HAND HERE, BUT FOR A LARGER, JUST SORT OF ECONOMIC DEVELOPMENT LAND USE PERSPECTIVE OVERALL.

WELL, SOMEONE LIKE TO MAKE A RECOMMENDATION, PLEASE, MARK AARON, BASED ON WHAT YOUR RECOMMENDATION WAS TONIGHT.

I FULLY SUPPORT THAT AND WE'D SUGGEST THAT'S THE PATH WE MOVE FORWARD.

UM, I'M NOT SURE HOW MUCH DISCUSSION WOULD NEED TO TAKE PLACE FROM COUNCIL BEFORE YOU GO TO PLANNING COMMISSION.

BUT I THINK COUNCIL HAS TO PASS SOME LEGISLATION BEFORE YOU GO TO PLANNING.

IS THAT CORRECT? YES.

THERE NEEDS TO BE A MOTION THAT BASICALLY DIRECTS PLANNING STAFF, UM, TO PREPARE AN APPLICATION.

UM, SO A SET OF RECOMMENDATIONS OF WHAT TO CHANGE IN THE CODE TO PLAN AND COMMISSION AND THE WORK WOULD HAVE ALREADY BEEN DONE BY YOU AND YOUR FIRM, THE ROYCE, MOSTLY 90% DONE ALREADY.

SO, SO THAT WOULD BE MY RECOMMENDATION IS THAT AARON WOULD HAVE THE LEGISLATION PREPARED, PRESENTED TO US, US PASS THAT ON TO THE PLANNING COMMISSION.

AND THEN YOU WOULD WORK HAND IN GLOVE WITH THE PLANNING COMMISSION, CORRECT? YEP.

AND THEN WHEN SOMETHING COME BACK TO US.

SO THERE WOULD BE, SO THERE WOULD BE A RECOMMENDATION FROM PLANNING COMMISSION ON THE TEXT AMENDMENTS THAT, THAT NEED TO TAKE PLACE.

AND THEN COUNCIL WILL HAVE THAT OPPORTUNITY TO EITHER VOTE OR CHANGE, UH, EITHER APPROVE OR CHANGE, UH, THE LEGISLATION THAT'S COMING FORWARD AND IN THE INTERIM, IF SOMEONE WANTED TO AND ENSURE THAT THEIR BUSINESS CONTINUED AND THOUGHT LONG-TERM THAT WE NEED TO TAKE A LOOK AND MAKE SOME CHANGES.

WE CAN DO ALL THAT WE CAN.

THAT'S MY RECOMMENDATION, THE RECOMMENDATION OR THE OBJECTIONS TO THAT RECOMMENDATION.

GLENN, NO OBJECTION.

UM, I WOULD JUST ECHO MR. LYONS EARLIER.

I WOULD STILL LIKE TO SEE WHAT OTHER NEIGHBORING SIMILAR COMMUNITIES HAVE FOR THEIR, YEAH.

I THINK THAT'S THE EXPECTATION OFFERS FOR AARON WHEN HE COMES BACK TO COUNCIL WOULD HAVE THAT PART OF YOUR, PART OF YOUR PRESENTATION, CORRECT? YEAH.

EITHER I COME TO COUNCIL WITH IT FIRST OR I TAKE IT WITH ME TO PLANNING COMMISSION AND THEY SEE IT AND YOU DO AS WELL.

SO IT'S JUST, IT'S THE QUESTION REALLY IS, DO YOU WANT ME TO COME HERE BEFORE PLANNING COMMISSION AS AN INTERIM STEP OR JUST, OR JUST MOVE FORWARD WITH WHAT WE'RE PROPOSING? WELL, I THINK THAT'S A MARKET JUST RE REQUESTED THAT YOU WOULD COME TO US.

WE WOULD PASS SOME LEGISLATION OR MOTION TO SEND YOU BACK TO PLANNING COMMISSION.

AND THEN WHEN IT CAME BACK TO COUNCIL, THAT ACTUALLY BE A PUBLIC HEARING BECAUSE IT'S THEIR ZONING CHANGES.

SO WE WOULD GO THROUGH THAT PROCESS.

AND PRIOR TO COMING TO CITY COUNCIL WITH THIS PIECE OF LEGISLATION, WE'RE GOING TO IMPROVE AND YOU'RE GOING TO THEN GO TO PLANNING COMMISSION, ALL THAT HOMEWORK IS GOING TO HAVE BEEN DONE.

I'M JUST SUGGESTING THAT YOU SPEND YOUR TIME AND EFFORT WITH THE PLANNING COMMISSION.

THAT'S FINE.

NO, YOUR SLEEVES UP AND DO IT AT THAT POINT BECAUSE TO THE POINT YOU'RE GOING TO COME BACK, WE'RE GOING TO HAVE PUBLIC HEARING AND SO ON.

ABSOLUTELY.

SO MARK, I THINK ARE TWO THINGS.

DO YOU WANT THEM TO COME BACK TO HERE FIRST OR PLANNING COMMUNITY? YOU HAVE TO COME HERE FIRST, CORRECT? UNLESS YOU PAT, UNLESS YOU ARE.

I DON'T KNOW.

I DIDN'T LOOK AT THE, UH, DEEPLY IN THE AGENDA UNLESS THERE IS LEGISLATION, UH, DIRECTING ME FOR MONDAY FOR YOU.

THEN I DO, THEN WE HAVE TO COME BACK.

I DON'T KNOW IF THAT LEGISLATION EXISTS.

I HAVEN'T DRAFTED ANYTHING.

SO YEAH, THAT'S BEEN DONE BY MOTION TOO PREVIOUSLY, NOT BY LEGISLATION.

SO COUNCIL COULD EFFECTIVELY HAVE AN ITEM ON THE AGENDA FOR A MOTION ON MONDAY TO DIRECT THE PLANNING STAFF TO PREPARE THE TEXT AMENDMENT, TO SEND TO THE PLANNING COMMISSION.

AND I'D BE FINE WITH THAT.

[01:15:01]

THAT'S FINE WITH ME.

ANY OBJECTION TO THAT RECORD, RICHARD? THANK YOU.

MA'AM I, UH, I THINK WE'VE BEEN KICKING THIS CAN DOWN THE ROAD A BIT TOO LONG.

I, MY RECOMMENDATION WOULD BE, I'D LIKE TO SEE THIS AT THE NEXT WORK SESSION WITH YOUR HOMEWORK, AARON, UM, UH, ALLOW US AN OPPORTUNITY TO FURTHER DISCUSS THAT HAVE PROPER LEGISLATION AT THAT FOLLOWING COUNCIL MEETING TO DIRECT YOU TO GO TO PLANNING COMMISSION, UH, THAT WAY IT IS CLEAR, CUT AND DRY, UM, THAT YOU KNOW, WHAT THE EXPECTATIONS OF THIS COUNCIL IS.

UH, IT IS CLEAR TO US THAT WE'VE READ SOMETHING IN BLACK AND WHITE, UM, AND, AND THERE'S LEGISLATION BEHIND IT.

UM, BECAUSE WE ARE TO YOUR WORDS, UM, DOING A CLEANUP AND AN OVERHAUL, I BELIEVE YOU USED BOTH WORDS IN YOUR PRESENTATION TO A TEXT AMENDMENT THAT HAS NEED UPDATING.

UM, I THINK THIS COUNCIL HAS ALL PROVIDED DIRECTION AND, UM, IT'S CONSENSUS THAT THE 120 DAY STAY CONTINUE DURING THIS PROCESS.

UH, AND I THINK THAT COVERS EVERYTHING.

ADDITIONALLY, UM, WITH COUNCILMAN LIONS, INCLUDING MYSELF, I'D LIKE TO SEE SOME OF THAT ADDITIONAL HOMEWORK IN BLACK AND WHITE FROM OTHER COMMUNITIES, UH, BECAUSE THERE ARE THINGS THAT, UM, THAT I HAVE THAT I, I WOULD LIKE TO SHARE WITH THAT AS WELL.

UM, THIS PROPOSED A CHANGE, WELL, THIS ADDRESS, THE CHALLENGES THAT WE FACED WITH IS IT ARRINGTON PLACE, ADDINGTON PLACE, ARRINGTON PLACE ON BELFAST.

AND WHEN THERE WAS DISCUSSION ABOUT THE NEW DEVELOPMENT OF BIG, NEXT TO AN AGRICULTURAL AREA, UM, PROBABLY NOT.

UM, I MEAN IT CAN, IT, THAT CAN, SO THE ISSUES THAT WERE, THAT WERE BROUGHT UP WITH ADDING TO IN PLACE, UM, LARGELY, OR ONE OF DRAINAGE, UH, AND THE, THAT THE, THE PROPOSED DENSITY WAS GREATER THAN WHAT WAS RECOMMENDED IN THE, UH, WELL, THE NEIGHBORS FELT THAT THE, THAT THE DENSITY WAS HIGHER THAN WHAT WAS RECOMMENDED, THE COMPREHENSIVE PLAN.

UM, THERE REALLY ISN'T ANYTHING IN THE CODE THAT WE WOULD CHANGE REGARDING THAT PLAN DEVELOPMENT PROCESS.

THAT'S NOT REALLY WHAT, OKAY.

I, WASN'T TALKING ABOUT THE DENSITY ISSUE.

I WAS TALKING ABOUT, UM, LIKE, UH, ACTIVE HUNTING ON THE ADJOINING SITES.

GOTCHA.

UM, LET ME THINK ABOUT THAT.

NOW, NOW I RENT.

NOW I UNDERSTAND WHAT YOU'RE CONCERNED WITH.

I MEAN, IF WE CAN ROLL IT ALL INTO ONE, UM, BECAUSE ENOUGH CONCERNS WERE RAISED DURING THAT PERIOD THAT WE CAN TAKE CARE OF TO TAKE CARE OF TWO ISSUES.

LET ME, UH, LET ME DO SOME THINKING ON THAT ISSUE.

AND THE, WE, WE CURRENTLY HAVE A PENDING LEGISLATION ON THIS PARTICULAR ZONING CASE, SO WE'RE GONNA HAVE TO DEAL WITH THAT.

SO RECOMMENDATION WILL BE AT THE NEXT COUNCIL MEETING ON MONDAY, WE WOULD HAVE TO POSTPONE ACTION AND DEFINITELY ON, ON THE PIECE OF LEGISLATION THAT'S UP CURRENTLY, AND THEN WAIT FOR THIS PROCESS TO WORK THROUGH A NEW LEGISLATION TO COME BACK.

SO, UM, SO THAT WOULD ANY OBJECTION TO THAT BEING ON THE NEXT COUNCIL MEETING TO POSTPONE INDEFINITELY, THE LEGISLATION THAT HAD CURRENTLY EXISTS AT, UM, I WOULD JUST BE FINE WITH THE STATE, NOT KNOWING WHAT THE POLICY CHANGED FOR COUNSEL'S GOING TO BE.

WE CAN ALWAYS DO THAT AT A LATER DATE.

WE'VE WAITED THIS LONG, SO WE CAN GIVE THEM ANOTHER FOUR MONTHS AND SEE HOW IT GOES.

SO IF YOU WANTED TO GO IN THAT DIRECTION, THEN IT WOULD BE, WOULD IT BE PASSED TO A FOURTH READING ON MONDAY DAY, UH, TO A TIME DEFINITE WE WOULD SET WHATEVER THAT DATE WOULD BE FOUR MONTHS AHEAD IF THAT'S THE ANTICIPATED TIMEFRAME FOR THIS PROCESS TO WORK.

UM, OKAY.

THE WAY.

AND IS THAT A RECOMMENDATION? YES, PLEASE.

ANY OBJECTIONS TO HIS RECOMMENDATION? OKAY.

THAT'S HOW WE'LL HANDLE THAT.

SO ANY OBJECTIONS TO MOVING FORWARD, THE WAY WE HAVE OUTLINED CURRENTLY THIS ONE DAY AUDIT NEXT WORK SESSION, THE SESSION FOR THE POLICY DISCUSSION? YES.

AND THE TEXT AMENDMENT.

OKAY, EVERYBODY GOOD? ALRIGHT.

SO NOTHING WOULD BE AT MONDAY'S MEETING REGARDING THIS SPECIFIC PIECE.

WELL, EXCEPT THE THIRD, THIRD READING CURRENT CASE ORDINANCE.

NEXT UP IS ITEM THREE,

[ Adopting Ordinance - City Code - Traffic Code/General Offenses Code Amendments]

I, WHICH IS ADOPTING ORDINANCE FOR THE CITY CODE TRAFFIC CODE GENERAL OFFENSES CODE AMENDMENTS.

REVISE CODE, UH, THAT, THAT CORRESPOND TO OUR GENERAL OFFENSES CODE AND TRAFFIC CODE IN THE CITY CODE AND TO, UH, UPDATE THOSE AMENDMENTS AND PULL THAT THE AMENDMENTS FROM THE OHIO REVISED CODE INTO OUR CITY CODE.

THIS IS A RE RECURRING ITEM THAT WE HAVE EACH YEAR.

UH, IT'S ANGELA LEGISLATION.

AND BASICALLY THE PURPOSE OF THIS LEGISLATION IS TO, UH, TAKE ANY CHANGES THAT HAVE OCCURRED IN THE HIGHER

[01:20:01]

UH, THIS WOULD COVER THE PERIOD OF AUGUST 2ND, 2021 THROUGH JULY 14TH, 2022.

UM, THESE, UH, AMENDMENTS AS PROPOSED IN THE ORDINANCE HAVE BEEN REVIEWED BY THE LAW DIRECTOR AND BY, UH, MUDIE CODE, WHICH WAS OUR CODIFICATION PROVIDER.

SO WITH COUNCIL'S APPROVAL, I'D REQUEST THAT THIS ADOPTING ORDINANCE, UH, BE PLACED ON THE AGENDA ON MONDAY FOR A FIRST READING AT GUN TO TWO READINGS, UH, PRIOR TO OKAY.

AND OBJECTIONS FOR FIRST READING ON MONDAY.

THREE J BOARD AND COMMISSION APPOINTMENTS.

SEEING NONE WE'LL MOVE THERE.

NEXT IS ITEM

[ Board And Commission Appointments * Board of Zoning Appeals - Appointment]

UH, WE JUST HAVE ONE THIS EVENING.

UM, IT'S THE RECOMMENDATION OF THE CITY'S INTERVIEW PANEL TO RECOMMEND THE APPOINTMENT OF PAUL SHAFFER TO THE BOARD OF ZONING APPEALS FOR A TERM UNEXPIRED TERM ENDING JANUARY 31ST, 2020 FOR THE BACKGROUND CHECK HAS BEEN COMPLETED ON MR. SCHAFFER.

UH, HE WAS THE ONLY APPLICANT FOR THE CURRENT VACANCY ON THE BCA AND HE IS PRESENT IN THE ROOM.

LET'S SEE.

SO I'LL ASK BEFORE WE GET APPROVED FOR THIS, AFTER THE DISCUSSION, YOU JUST HEARD YOU SURE.

YOU STILL WANT TO DO THIS.

ANY OBJECTIONS TO MOVING MR. SHAFFER ONTO MONDAY'S MEETING? NO.

THREE K, WHICH IS THE ORDINANCE TO APPROPRIATE THE PROPERTY FOR THE LEFT FIELD.

AND NEXT UP IS ITEM

[ Ordinance To Appropriate Property - Well Field]

UH, I'D HAVE TO DEFER TO THE LAW DIRECTOR OF COMMENTS ON THAT PARTICULAR ITEM.

UM, MY UNDERSTANDING WAS YOU WANTED TO GO INTO EXECUTIVE SESSION.

DID YOU WANT TO GO INTO EXECUTIVE SESSION FOR RIGHT.

BRIAN? DO WE NEED AN EXECUTIVE SESSION FOR THIS PARTICULAR ITEM OR, UH, WE DO NOT.

WE HAVE, UH, AN EXECUTIVE SESSION THAT WE'VE RECOMMENDED FOR SALES PROPERTY AND PENDING LITIGATION ON ANOTHER MATTER, BUT THIS WOULD ALSO QUALIFY.

SO, UH, THERE WAS ALREADY A REQUEST FROM STAFF FOR THAT PURPOSE.

SO, UM, YES, WE CAN HAVE A BRIEFING FROM THE LAW DIRECTOR TO COUNCIL ON THIS MATTER, A BRIEF NOW, OR AN EXECUTIVE AND EXECUTIVE SESSION IN EXECUTIVE SESSION.

MY APOLOGIES.

SO IF THAT'S THE CASE, THEN, UH, BEFORE WE ADJOURN, I WOULD ASK FOR A MOTION, GOOD EXECUTIVE SESSION.

UH, TONY, IF YOU'LL READ ALL THE APPLICABLE REASONS, PLEASE.

YEAH, IT WOULDN'T BE A MOTION TO GO INTO EXECUTIVE SESSION TO CONSIDER THE SALE OR OTHER DISPOSITION OF ANITA PROPERTY BY COMPETITIVE BID, AS WELL AS FOR DISCUSSIONS WITH AN ATTORNEY FOR THE CITY CONCERNING DISPUTES THAT ARE THE SUBJECT OF EMINENT COURT ACTION.

IS THERE A MOTION DON? SO MOVED.

IS THERE A SECOND? I NEED A SECOND EMOTION.

NOT A SECOND.

IS THERE ANY DISCUSSION BEFORE THE ROLL CALL? OKAY, TONY PLEASE.

THIS IS KITCHEN MR. WEBB.

MR. SHAW.