[00:00:03]
[1. Call Meeting To Order/Roll Call]
TONIGHT IS, UH, IT'S APRIL, OUR JUNE 16TH, 2021.OR WHY DO I SEE APRIL AS OUR LAST MEETING? I GUESS THE JUNE MEETING OF THE ORDINANCE REVIEW COMMISSIONED ORDER.
UH, TONY, WOULD YOU PLEASE CALL THE ROLL HERE, MR. ELLIS HERE, MR. FANNON.
MR. WAMSLEY HERE, MR. ROB HERE.
WE WEREN'T ABLE TO MEET LAST MONTH, BUT, UH, WE DIDN'T HAVE A QUORUM, SO LEGALLY WE'RE, WEREN'T ALLOWED TO MEET.
UM, WE'VE GOT A LOT OF TO ACCOMPLISH TONIGHT.
[2. Approval of Minutes]
THING I WOULD LIKE TO DO IS, UM, THE MINUTES FROM THE APRIL MEETING, I GOT THAT ONE RIGHT THIS TIME.UM, WE'RE CIRCULATED TO MEMBERS OF THE COMMISSION, UH, HOPE EVERYONE'S HAD A CHANCE TO REVIEW THEM.
AND SO UNLESS THERE ARE ANY CHANGES, DELETIONS OR QUESTIONS, AMENDMENTS, UH, THEY WILL BE, UH, ADOPTED AS PRESENTED.
SEEING THEM, THEY WILL BE ADOPTED.
THE, UM, I KNOW THAT WE HAVE A COUPLE OF GUESTS WITH US THIS EVENING, UM, AND, UM, WE SPOKE PRIOR TO THE MEETING BRIEFLY AND WE'RE GOING TO DO THE LEGISLATIVE REVIEW FIRST.
AND THEN BEFORE WE GET INTO THE, UM, CITY CODE PART 11 DISCUSSION FOR TONIGHT, WE'LL LET YOU TO ADDRESS US ABOUT YOUR CONCERNS AND, UH, MAYBE WE CAN ADDRESS SOME SPECIFIC PROVISIONS OF THE PLANNING AND ZONING CODE AT THAT POINT.
UM, AND THAT WAY YOU'RE NOT, DON'T HAVE TO SIT HERE THROUGH THE WHOLE EVENING, UH, WAITING FOR THAT PARTICULAR SECTION.
[ Legislation Worksheets Review]
ON TO, UH, UH, THREE OF THE AGENDA, UH, LEGISLATION WORKSHEETS REVIEW, UM, WE DID RECEIVE, UH, YESTERDAY, I BELIEVE IT WAS COMMENTS FROM BOTH, UM, THE CITY ENGINEER AND THE, UH, CITY ATTORNEY TO SOME OF THE QUESTIONS AND, AND, UH, ISSUES THAT WERE RAISED AT THE LAST MEETING.UM, AND PROBABLY THE BEST THING TO DO WOULD BE TO GO THROUGH EACH ONE OF THOSE SECTIONS.
AND TONY I'LL LET YOU ADDRESS WHAT THE, UH, THE COMMENTS AND, AND OR RECOMMENDATIONS WERE BY BOTH THE CITY ENGINEER AND THE CITY ATTORNEY FOR THE RECORD.
AND THEN WE CAN, UH, MOVE FORWARD.
UH, THE FIRST SECTION THAT THERE WAS SOME QUESTION, UH, IT BASICALLY DID DEALT WITH SIMPLY A, UH, TYPOGRAPHICAL ERROR, UH, IN SECTION 9 0 3 0.2 F.
AND THAT CHAIN WAS GOING TO BE, UM, IT WAS A TYPO FROM THE WORD MIND TO THE WORD MAY, AND THAT'S GOING TO BE, UH, CORRECTED AND INCORPORATED INTO LEGISLATION.
THAT ONE, WE, UH, HAD RESOLVED AT THE LAST MEETING.
UM, SO THAT WILL BE INCORPORATED INTO THE REVISIONS LEGISLATION FOR PER NIGHT.
AND I SHOULDN'T HAVE JUST IN THE LEGISLATION WORKSHEET REVIEW, UH, WE'VE CLOSED OUT ALL OF THE ITEMS AND PARTS 1, 3, 5, AND SEVEN.
SO, UH, THESE AND NINE ARE THE ONLY ONES REMAINING, CURRENTLY, UM, OUTSTANDING.
THE NEXT SECTION DEALT WITH NINE SECTIONS, 9 0 3 0 4, 9 11 0.04 AND NINE 15.03.
AND, UH, WE DID RECEIVE SOME COMMENTS FROM, UH, THE CITY ENGINEER.
UM, AND HAS EVERYBODY HAD A CHANCE TO REVIEW THOSE, THOSE COMMENTS AND RECOMMENDATIONS? UM, AND, UH, 9 0 3 0 4.
UH, THE RECOMMENDATION FROM THE CITY ENGINEER WAS IN SECTION A TO CHANGE, UH, WITHIN 40 FEET OF THE RADIAL PORTION TO WITHIN 40 FEET FROM THE END OF THE RADIAL PORTION WAS THE PROPOSED PLAN.
IS THAT ACCEPTABLE TO EVERYONE? ANY COMMENTS ON THAT? OKAY.
THAT WILL THEN BE RECOMMENDED TO COUNCIL.
[00:05:01]
WAS IN THE LAST SENTENCE OF THE PARAGRAPH TO CHANGE FROM IS LESS THAN IT LOOKS LIKE 45 FEET.CAUSE THERE'S A LOT OF RED ON HERE.
WHATEVER IT SAID IN NUMBER OF FEET FROM THE INTERSECTING CURB LINE ON THE STOP SIDE OF ANY MAIN THOROUGHFARE TO LAST LAND, 40 FEET FROM THE END OF THE RADIO PORTION OF ANY CURB AND THE STREET INTERSECTION AGAIN, UH, IF THERE WERE NO, UH, QUESTIONS OR COMMENTS WE'LL, WE'LL, UH, PASS THAT RECOMMENDATION ON TO COUNCIL NEXT TIME, UH, NEXT WAS NINE, 15.03, PARAGRAPH E UH, SIMILAR TO THE LAST ONE AND THAT 40 FEET FROM A STOP BAR OR A CROSSWALK ON A RESIDENTIAL INTERSECTION WAS CHANGED TO, UH, 40 FEET FROM THE END OF THE RADIO PORTION OF CURB AT A STREET INTERSECTION, SEEING NO COMMENTS OR QUESTIONS, WE'LL PASS THAT RECOMMENDATION ON THE COUNCIL AS WELL.
UH, THE NEXT SECTION THAT, UH, ACTUALLY, UH, SECTION NINE, 11.02 E THOSE CORRECTIONS WE MADE, I THINK AT THE LAST MEETING, THEY WERE JUST TYPOGRAPHICAL ERRORS.
AND THEN, UH, SECTION NINE 19.
UM, SO NINE 19, UH, WAS ONE OF THE ISSUES WAS SOMETHING I BROUGHT UP ABOUT THE, THE CLERK OF COUNCIL IS REFERENCED IN THIS PROCESS AND IS DESIGNATED AS THE HOLDER OF THESE, UH, RECORDS.
HOWEVER, I NEVER AM IN PHYSICAL POSSESSION OF THE RECORDS, WHICH MAKES ME UNCOMFORTABLE WITH THAT.
UM, JERRY'S FEEDBACK WAS THAT, UH, THE OHIO REVISED CODE SPELLS THIS OUT AND WE'RE EVEN THOUGH THE CITY IS A HOME RULE COMMUNITY AND CAN MAKE SOME ADJUSTMENTS TO THIS, HE DOESN'T RECOMMEND IT.
UM, HE'S HIS RECOMMENDATION IS THAT WE HAVE TO FIND A WAY INTERNALLY THAT THOSE DOCUMENTS GET TO ME PROPERLY AND THAT THE PROCEDURES FOLLOWED RATHER THAN CHANGING THE PROCEDURE.
SO, UH, THAT'LL BE SOMETHING WE'LL HAVE TO WORK ON INTERNALLY, UH, TO GET THOSE FROM FINANCE TO ME, SO THAT IF SOMEONE SHOULD REQUEST THEM, THEY'RE IN THE PROPER PLACE, UH, UH, PURSUANT TO THE, UH, KIND OF ORDINANCES THAT EXIST.
AND, UM, THE OTHER ISSUE WAS THAT, UM, IT WAS BROUGHT UP THE ISSUE OF USING THE PHRASE AFFECTED PROPERTY OWNERS AND THE LAW DIRECTOR SAID HE COULD SEE WHY THAT WAS SUGGESTED TO CHANGE IT TO MEMBERS OF THE LIGHTING DISTRICT.
BUT, UM, TECHNICALLY HE SAYS UNTIL THE LIGHTING DISTRICT IS ACTUALLY CREATED, THERE IS NO LIGHTING DISTRICT.
SO HE WOULD SUGGEST THE LANGUAGE BEING MEMBERS OF THE PROPOSED LIGHTING DISTRICT VERSUS EFFECTIVE PROPERTY.
AND THAT WOULD BE THE RECOMMENDED CHANGE THERE.
AND I THINK THAT DOES MAKE IT A LITTLE CLEARER.
SO UNLESS THERE'S ANY OBJECTIONS, WE'LL GO AHEAD AND RECOMMEND THAT TO COUNCIL.
UH, THE NEXT SECTION WAS NINE 20.07.
SO FOR NINE 20 EIGHTS, I WAS SEVEN.
UM, THE RECOMMENDATION FROM THE CITY ENGINEER WAS IN THE FIRST SENTENCE TO CHANGE THE CITY ENGINEER'S DECISION TO DENY A PERMIT TO THE CITY ENGINEER'S DECISION TO DENY SUSPEND OR REVOKE A PERMIT.
AND THEN IN THE SECOND SENTENCE WHERE IT SAYS CURRENTLY ALL APPEALS ON A DENIAL OF A PERMIT, WOULD YOU JUST BE CHANGED TO ALL APPEALS, MUST BE MADE IN WRITING AND TAKE STRIKE THE, AND A DENIAL OF A PERMIT.
SO ANY FIELD, WHETHER IT'S FOR WHATEVER REASON WOULD, UH, NEED TO BE MADE IN WRITING, NOT JUST APPEALS ON A DOCK ON A DENIAL.
AND I BELIEVE THAT WAS CONSIST OF THAT JERRY OF THE CITY ATTORNEY CONCURRED WITH THAT AND HIS COMMENT AS WELL.
SO THAT RECOMMENDATION WILL THEN ALSO BE MADE AND PASSED ON TO COUNCIL.
UH, THE NEXT SECTION, UH, WAS GOING 21.0 4.10.
AND AGAIN, I THINK THAT WAS THE SAME ISSUE IN THE SAME RECOMMENDATION ABOUT, UM, IT'S EXACTLY THE SAME CHANGES AS THE PREVIOUS SECTION.
SO WE WOULD MAKE, WE WOULD MOVE THOSE ON TO COUNCIL AS WELL.
[00:10:03]
UM, THEN MOVING TO THE NEXT SECTION WAS 9 22 0.02, UH, C AND 9 22 0.03.AND, UM, THE CITY ENGINEER HAD SOME RECOMMENDATIONS.
SO 9 22 0 2 PARAGRAPH C THE RECOMMENDATION IN THE SECOND SENTENCE WAS TO CHANGE ALL RESIDENTIAL PROPERTIES TO SINGLE FAMILY RESIDENTIAL PROPERTIES.
UM, AND THAT WAS THE ONLY RECOMMENDED CHANGE HE HAD IN THAT SECTION.
UH, THE CITY ATTORNEY, UM, SAID HE, IT PROBABLY SHOULD BE CHANGED AS THE CITY ENGINEER RECOMMENDED.
AND HE SAID HE DIDN'T HAVE ANY ISSUE WITH IT EITHER WAY.
SO HE'D DEFER TO THE CITY ENGINEER ON THE ISSUE.
AND SO UNLESS THERE'S ANY COMMENTS, WE'LL PASS THAT RECOMMENDATION ON AS WELL.
AND THEN 9 22 0.03, IT WAS IN THE DEFINITION FOR COUNTY.
UM, I THINK THIS WAS ONE OF THE MEMBERS THAT HAD BROUGHT THIS UP TO FINDING THE COUNTY, UH, STRIKING OR GREEN COUNTY, UH, BECAUSE CURRENTLY, UH, AT ONE TIME THE CITY WAS IN THREE COUNTIES.
IT'S NO LONGER IN GREEN COUNTY.
AND THEN, UH, THE LAST WORD IN THE DEFINITION FOR COUNTY, UH, WAS SITUATED AND IT WAS A TYPE OF GRAPHICAL ERROR THAT SHOULD BE CHANGED IN SUCH A WAY TO, OKAY.
SO SEEING NO COMMENTS, WE'LL GO AHEAD AND PASS THAT RECOMMENDATION ON AS WELL.
UH, NEXT WE'RE LOOKING AT, UM, NINE, UH, 22.13 C AND THAT IS PERMIT SOME PLANS REVIEW.
UM, IT WOULD BE STRIKING, UH, S LOOKS LIKE THE THIRD TO LAST SENTENCE AND PARAGRAPH C UH, IT STATES PLANS THAT ARE NOT APPROVED MAY BE RESUBMITTED, THAT THE RECOMMENDATION WAS TO STRIKE THAT.
AND, UM, BECAUSE, UH, AND THIS WAS A CONCURRENCE BY BOTH THE LAW DIRECTOR AND THE CITY ENGINEER, UH, FOR THE REASON THAT, UM, THE PHRASE PLANS THAT ARE NOT APPROVED, MAYBE RESUBMITTED AFTER REVISIONS ARE MADE IMMEDIATELY FOLLOWS IN THAT SECTION.
SO IT WAS A CONTRADICTORY STATEMENT.
SO ANY CHANGES IN THAT REGARD SEEING NONE WE'LL PASS THAT ONTO COUNCIL? UM, THE NEXT IS 9 22 POINT 30, UM, B AND THAT WAS A REC, UH, SUGGESTION OF CHANGING THE WORD, UH, IN THE LAST WORD OF B FROM APPEAL TO COMPLAINT APPLICATION OR SOMETHING TO THE, UH, SOMETHING SIMILAR.
I THINK THE CITY ATTORNEY REP RECOMMENDED TWO APPLICATION FOR ADJUSTMENT.
THE CITY ENGINEER SAID COMPLAINT APPLICATIONS.
SO, UM, I'M NOT SURE IF THERE'S REALLY A, IF THAT'S A DISTINCTION OF A SUBSTANCE OR JUST OF TERMINOLOGY.
UM, I THINK THE COMMISSION COULD REVIEW, UH, AN APPROVED MAKING THE CHANGE AND, UH, I WILL RUN IT BY THEM AGAIN FOR, UH, TO DEVELOP SOME, UM, COMMON GROUND BETWEEN THEM ON THIS ADJUSTED LANGUAGE, UH, BEFORE IT'S FINALIZED.
I THINK THAT JUST MY OWN COMMENT ON THAT WOULD BE EARLIER IN A, IT TALKS ABOUT, UH, THAT THERE IS A REQUEST FOR AN ADJUSTMENT OR REVIEW, NOT A COMPLAINT.
SO I WOULD, I THINK PROBABLY THE APPLICATION FOR ADJUSTMENT WOULD PROBABLY BE MORE APPROPRIATE THAN INCOME THEN, UH, CAUSE IT'S REALLY NOT A COMPLAINT PER SE.
CHANGING THE WORDING, CHANGING THE WORD APPEAL TO REQUEST FOR IT WOULD BE CHANGING APPEAL TO APPLICATION FOR ADJUSTMENT.
THE NEXT SECTION 9 23 POINT OF THREE, THERE WAS A QUESTION AS TO WHETHER OR NOT, UM, THERE WERE ANY, UH, I THINK, UH, PLACES FROM WHICH WATERBORNE WASTE CAN EMANATE.
AND WE HAD REQUESTED THAT THE CITY ENGINEER LOOK AT IT FROM A POINT OF VIEW OF
[00:15:01]
WHETHER OR NOT, UM, UH, THAT WAS A COMPLETE, UM, LISTING AND, UH, UH, THE CITY ATTORNEY INDICATED, OR A CITY ENGINEER INDICATED THAT HE COULDN'T THINK THAT OF ANY OTHER THINGS THAT NEED TO BE ADDED.SO, UM, I'M ASSUMING THAT IT'S A COMPLETE LIST THEN, UH, HE DIDN'T HAVE ANY CHANGES.
AND THEN ON THE LATTER PART, UH, THE LAW DIRECTOR DEFERRED TO ROSS AND MIAMI CONSERVANCY DISTRICT WOULD CHANGE TO TRY CITY'S AUTHORITY, WHICH IS THE CURRENT NAME OF THE, UH, ENTITY THAT OVERSEES THE WASTEWATER TREATMENT PLANTS.
SO THOSE CHANGES WILL BE PASSED ON THE COUNCIL THEN SEEING NO OBJECTIONS OR QUESTIONS, UM, 9 23 0 4.
UM, THERE'S A NUMBER OF CHANGES ON THIS ONE.
UM, AND PARAGRAPH A, UM, IT SAYS CURRENTLY CAUSE ANY OF THE FOLLOWING YOU UNDER GENERAL PROHIBITIONS, UH, THE RECOMMENDATION WAS TO CHANGE CAUSE TWO DOES ANY OF THE FOLLOWING.
AND THEN, UM, 14, UH, 14, UH, THERE WAS JUST A CLARIFICATION THAT THE NORTH REGIONAL WASTEWATER TREATMENT PLAN IS THE CORRECT LANGUAGE TO KEEP THERE.
UH, IT'S THE WATER PLANT THAT'S BEING DEMOLISHED, NOT THE WASTEWATER TREATMENT PLANT, UM, AND PARAGRAPH B TO, UM, SECOND LINE, UH, IT TALKS ABOUT THE GENERAL GREEN TREATMENT REGULATIONS IN THE FEDERAL REGISTER.
AND I THINK THE QUESTION WAS, ARE THESE THE MOST RECENT REGULATIONS WE SHOULD BE REFERRING TO? AND THE SUGGESTION WAS TO ADD, OR AS AMENDED, WHICH IS STANDARD LANGUAGE TO SAY ANY UPDATES TO THAT CODE THAT HAVE TAKEN PLACE SINCE THE TIME THIS WAS NOTED, UM, WOULD BE AN EFFECT AS WELL.
AND THEN I THINK THERE WAS ONE TYPO IN ON A SECTION FOUR, RIGHT.
TO CHANGE IN ADDITIONAL TO THE APPLICATION, TO, IN ADDITION TO THE APPLICATION, THE ONE QUESTION THAT I HAVE IN TERMS OF, AND I KNOW TOM, UH, UH, THE CITY ATTORNEY DIDN'T, UH, ADDRESS THIS, UM, W IN THE VERY FIRST ONE, CHANGING THE WORD CLAUSE TO THE WORD DOES, I THINK THAT IN SOME RESPECTS MAY LIMIT THE LIABILITY BECAUSE IF YOU USE THE WORD, DOES THAT TELL, IT SEEMS TO ME TO SAY THAT THE PERSON WHO ACTUALLY HAS TO DO IT, WHEREAS IF YOU HAVE SOMEONE CAUSING IT TO BE DONE, IT CAN BE A LITTLE BROADER, UH, CAUSE I CAN CLAUSE SOMETHING TO BE DONE WITHOUT ACTUALLY DOING IT MYSELF AND I, I WOULD RECOMMEND I'M OKAY WITH ALL THE OTHER CHANGES, BUT I, I ACTUALLY, I THINK THE WORD SHOULD THE WORD CAUSE IN SECTION A SHOULD STAY CLAUSE AND NOT DOES ANY OTHER COMMENTS.
I THINK IT WAS A GRAMMATICAL ISSUE BECAUSE I MEAN, SOME OF, SOME OF THE SUBSECTIONS START WITH CAUSE CAUSE CAN YOU CAUSE THE CAUSE, AND THAT WAS THE ISSUE.
SO IT'S SAYING IF YOU'RE DOING IT, IF YOU DO CREATE A FIRE EXPLOSION HAZARD THAT'S VERSUS CAUSING A FIRE EXPLOSION, HASN'T, I MEAN, THAT'S KIND OF THE SAME THING, BUT YOU CAN DO CAUSE THE, THE, WELL AS THAT CHANGE WAS RECOMMENDED BY THE CITY ENGINEER AND TO YOUR POINT, JIM, IT WAS NOT ADDRESSED BY THE LAW DIRECTOR.
UM, WE CAN JUST, UH, HAGGLE THAT ONE OUT AND GET THE LEGAL INTERPRETATION OF WHAT WOULD BE THE MOST.
LIKE I SAID, I, YOU KNOW, FROM A GRAMMATICAL POINT OF VIEW, BUT I DON'T WANT TO LIMIT, YOU KNOW, WHAT THE CITY CAN DO.
UM, I UNDERSTAND, BUT NOT HAVING THE DOUBLE CAUSE I UNDERSTAND THAT TOO.
I DIDN'T EVEN LOOK AT EACH ONE OF THOSE LISTS ON THE SOURCE WITH A VERB.
AND SO DOES THIS IMPLIES THAT YOU WOULD HAVE TO ACTIVELY DO THAT VERB YEAH.
SO THE REST OF THE CHANGES WILL BE RECOMMENDED AND WE'LL HAVE THE CITY ATTORNEY LOOK AT, UH, SECTION A, UH, THE FIRST SENTENCE.
AND UM, THIS HAD TO DO WITH, UH,
[00:20:01]
ESTABLISHING A TIMEFRAME FOR THE APPEAL.YOU MIGHT'VE BEEN THE PERSON THAT HAD BROUGHT THAT UP.
UM, THE LAW DIRECTOR SUGGESTED SOME LANGUAGE THAT WOULD BE SOMETHING TO THE EFFECT OF SUCH APPEAL MUST BE FILED WITHIN X NUMBER OF DAYS OF THE DATE OF THE BILL THAT IS BEING APPEAL.
UM, ROSS IN, AS THE CITY ENGINEER SAID, UH, HE THINKS THAT THERE IS A TIMEFRAME IN THERE EXCEPT FOR, YOU KNOW, WHEN THE MEETINGS ARE HELD.
UM, AND, UM, THE ONLY PROBLEM I SEE WITH THIS, UH, BECAUSE HE PROPOSES WATER, ADDING WATER AND SEWER BOARD MEETINGS OR HELP EVERY OTHER MONTH, BEGINNING OF JANUARY ON THE THIRD, MONDAY OF THE MONTH.
UM, THAT MIGHT BE A LONG TIME TOO, FOR SOMEONE TO WAIT TO GET AN APPEAL BECAUSE THEY'RE ONLY MEETING EVERY TWO MONTHS NOW, THEY USED TO MEET MONTHLY.
UM, THE OTHER ISSUE MIGHT BE, WE HAVE THIS SITUATION RIGHT NOW IS THAT THERE IS, UM, SEVEN MEMBERS ON THE BOARD AND WE HAVE THREE VACANCIES AND, UH, THEY'RE NOT EVEN GOING TO HAVE A CORE I'M FOR THE BOARD.
SO, UH, SOMEONE WHO WOULD BE BRINGING AN APPEAL TO THAT BOARD, THERE WOULDN'T EVEN BE A BOARD THAT COULD LEGALLY, UH, ME BECAUSE OF A LACK OF A QUORUM CURRENTLY.
UM, SO I PERSONALLY FEEL LIKE JERRY'S SUGGESTION OF A TIMEFRAME, UM, MIGHT BE BETTER EVEN IF IT MEANS THE WATER AND SEWER BOARD WOULD NEED TO SCHEDULE A SPECIAL MEETING TO HEAR THE APPEAL.
UM, THAT'S ONE OF THEIR PRIMARY FUNCTIONS REALLY.
SO, UM, ASKING SOMEONE TO WAIT AT LEAST TWO MONTHS TO HAVE THEIR APPEAL HEARD.
YOU KNOW, I THINK THERE'S ACTUALLY, THERE'S TWO QUESTIONS THAT WERE RAISED OR HAVE BEEN RAISED BY THE COMMENTS BY THE CITY ATTORNEY AND THE CITY ENGINEER.
UM, THE CITY ATTORNEY ADDRESSED IN LANGUAGE THAT HE'S RECOMMENDED TO BE ADDED, WOULD ESTABLISH A DEADLINE FOR PEOPLE TO FILE THE APPEAL.
UH, THE CITY ENGINEER, I THINK, IS ADDRESSING THE QUESTION OF AT WHAT, HOW QUICKLY MUST THE APPEAL ONCE FILED, BE HEARD.
THOSE ARE TWO, I THINK, DIFFERENT QUESTIONS.
AND, YOU KNOW, THE, I THINK THE FIRST QUESTION IS, IS, YOU KNOW, THERE WAS NOTHING MENTIONED IN THE, UM, UH, WHEN THE APPEAL HAS TO BE FILED.
UH, AND, UM, AND, AND SO, I MEAN, TECHNICALLY SOMEBODY COULD FILE AN APPEAL THREE YEARS AFTER THEY GET A BILL AND THERE'S NOTHING IN THIS SECTION THAT WOULD PROHIBIT THAT APPEAL FROM BEING, BEING DEEMED TIMELY.
AND I THINK THAT'S WHAT THE LANGUAGE, UH, UM, JERRY SUGGESTED ADDING LANGUAGE, UH, AFTER THE FIRST SENTENCE, I THINK IT IS OF SECTION A, THAT SAYS SUCH APPEAL MUST BE FILED WITHIN BLANK DAYS OF THE DATE OF THE BILL THAT IS BEING APPEALED.
AND HE LEFT THE NUMBER OF DAYS BLANK.
UM, YOU KNOW, AND I DON'T KNOW IF WE WANT TO JUST ARBITRARILY PUT IN SAY RECOMMEND 60 DAYS AFTER THE, IF THAT'S A ADEQUATE AMOUNT OF TIME FROM SOMEONE GETTING A BILL THAT THEY WANT TO DISPUTE TO FILING AN APPEAL.
UH, I MEAN, YOU KNOW, IN, IN JUDICIAL DECISIONS, IT'S 30 DAYS FROM THE DATE THAT DECISIONS RENDERED, YOU HAVE TO FILE AN APPEAL.
SO I DON'T THINK, YOU KNOW, UH, WELL, YEAH, THERE, THEY'RE ALSO PROBABLY MIGHT BE GOING THROUGH SUEZ BEFORE THEY COME TO THE WATER AND THAT'S TRUE TOO.
SO THEY MIGHT NOT GET A RESOLUTION THERE AND THEY MIGHT, YOU KNOW, SUEZ COULD SAY, OH, IT'S 60 DAYS.
IF WE, YEAH, IF WE, UH, PADDLE OUR FEET FOR 60 DAYS, WE DON'T HAVE TO WORRY ABOUT THEM FILING APPEAL BECAUSE WE'RE GONNA RUN THEIR CLOCK-OUT.
AND LIKE, NOT TO SAY THAT THEY WOULD DO ANYTHING LIKE THAT.
NO, I HEAR WHAT YOU'RE SAYING AND, YOU KNOW, AND YOU KNOW, IT, IT WOULD KIND OF PUT, UH, BOTH SIDES PRETTY MUCH, YOU KNOW, SETTING A CLOCK SAYING THAT, YOU KNOW, IF THEY'RE GOING TO RESOLVE IT, THEY'VE GOT SO MANY DAYS TO RESOLVE IT.
AND IF THEY DON'T, THEN THE CUSTOMER HAS THE RECOURSE OF FILING OF THE, THE APPEAL TO THE, UH, YOU KNOW, WATER AND SEWER BOARD.
UM, SO, YOU KNOW, I, I LIKE JERRY'S RECOMMENDATION AND IT'S JUST A MATTER OF, UH, I THINK I WOULD PROBABLY MAYBE DEFER BACK TO, UH, THE CITY CITY ENGINEERING CONSULT WITH SUEZ AS TO WHAT WOULD BE A REASONABLE NUMBER OF DAYS TO PUT IN THERE.
COULD IT BE DAYS SINCE SUEZ REJECTED THERE OR THEY WEREN'T SATISFIED, WHATEVER WAS RESOLVED THERE, I GUESS
[00:25:01]
I'M NOT SURE WHAT THE POLICY OR WHAT THE PROCEDURE IS.IF THEY GET A FORMALIZED, YOU KNOW, DOES SUEZ GIVE THEM A FORMAL DECISION THAT WE'RE NOT DOING ANYTHING OR, WELL, THERE, THEY COULD ALSO, I SUPPOSE, GET NO RESPONSE AND THEN THERE WOULD BE NO DATE FROM THE RESPONSE.
THAT'S WHY I THINK WE NEED TO PUT IT IN.
I THINK IT'S THAT FAR, BUT I THINK THAT SOMEONE BRINGS IT TO SUE AS IS ATTACHED AND THEY'LL CHECK TO MAKE SURE THEIR METER READINGS OR WHATEVER.
AND THEN IF THEY SAY, WELL, IT STANDS AND THE PERSON'S NOT HAPPY WITH THAT.
AT THAT POINT, THEY WOULD FILE APPEAL.
THEIR OPTION WOULD BE TO FILE AN APPEAL TO THE WATER AND SEWER.
I SHOULD KNOW THE ANSWER TO THIS.
I DON'T HOW OFTEN OUR WATER BILLS ISSUE QUARTERLY, MONTHLY, THEY ARE A MONTHLY BILLS.
SO I'D SAY, YOU KNOW, 90 DAYS SHOULD BE PLENTY OF TIME FOR, YOU KNOW, A CUSTOMER TO KNOW WHETHER OR NOT THEY'RE GOING TO RESOLVE IT OR NOT.
UM, SO I W I DON'T THINK I WOULD WANT TO GO ANY LONGER THAN 90 DAYS, BUT I'D BE OKAY WITH 90 DAYS THAT A WRINKLE WOULD BE AS IF THEY GET AN ESTIMATED BILL.
UM, YOU KNOW, BEFORE THEY GET A FINAL, FINAL BILL MIGHT BE LATER THAN AN ESTIMATED.
THAT'S WHY I THINK 90 DAYS WOULD, YOU KNOW, CAUSE IF THEY GET AN ESTIMATE, A BILL THAT'S OUT OF WHACK, THEY CAN ALWAYS REQUEST A RE METER READING, YOU KNOW? SO I THINK, YOU KNOW, SO I, 30 DAYS IS PROBABLY TOO SHORT, BUT I THINK 90 DAYS WOULD PROBABLY BE A DOABLE NUMBER.
ANYBODY HAVE ANY, I MEAN, HAS ANYBODY HAD ANY DEALINGS WITH SUEZ ON THIS ISSUE IN TERMS, DO WE KNOW HOW COMMON IT IS FOR PEOPLE THAT NOT THEIR WATER BILL? NOT A REALLY COMMON, NO, THAT WATER SUPERVISORY BOARD DOES NOT GET OUT LOUD.
THAT'S THE BULK OF THEIR BUSINESS, BUT THEY DON'T SEE A TON OF IT.
THIS IS ONE OF THE FEW THINGS WHERE THEY ACT IN KIND OF AN ACTIVE ROLE.
RIGHT? A LOT OF THE OTHER THINGS THAT THEY'RE DOING ARE MORE OF JUST, UH, THEY, THE CITY RUNS PROJECTS THAT ARE UPCOMING AND GIVES THEM UPDATES AND THEN JUST SEES IF ANYBODY HAS ANY INPUT INTO THAT.
UM, YOU KNOW, THOSE ARE THE THEY'RE MORE ADVISORY OTHER THAN THIS ROLE OF MAKING ADJUSTMENTS DEVELOPS.
SO DO WE WANT TO PUT IN A, DO WE WANT TO SUBMIT A DATE OF WHATEVER? I MEAN, LIKE I SAID, I'M THROWING OUT 90.
I DON'T, I'M NOT WEDDED TO THAT NUMBER, BUT IT SEEMS LIKE BEING ON A MONTHLY BILLING CYCLE, I THINK A FULL QUARTER MAY BE TOO LONG.
I MEAN, I DON'T THINK THAT THAT TIME IS NECESSARILY NEEDED 60 MAY WORK.
UM, I DON'T KNOW ANYONE ELSE GOT THOUGHTS ON IT 69.
RIGHT, RIGHT, RIGHT, RIGHT, RIGHT.
I MEAN, I MEAN, ONCE YOU'VE HIT 60 YEARS NOW YOU'VE RECEIVED TWO MORE BILL, MORE BILL.
SO WE WANT TO GO AHEAD AND RECOMMEND 60 DAYS.
AND THEN THE SECOND ISSUE, LIKE I SAID, IS THAT, YOU KNOW, WIND DOES THE WIND, DOES THE WATER AND SEWER BOARD, YOU KNOW, W YOU KNOW, WHEN DO THEY HAVE TO TAKE UP THE APPEAL, BIG, OLD REQUIREMENT OUTSIDE OF US, THAT WOULD SAY HOW SPEEDY THEY HAVE TO DO IT.
I DON'T KNOW IF THAT WOULD COUNT AS A SPEEDY TRIAL.
I MEAN, IT'S MORE AN ADMINISTRATIVE ACTION, SO WE PROBABLY HAVE THE FLEXIBILITY TO SET THE TIME.
I MEAN, IN GENERAL, MOST, ALL THE OTHER ISSUES THAT WE'VE, THAT WE HAVE ADDRESSED AND WE'LL BE ADDRESSING IN LIKE ZONING, THERE'S GENERALLY, YOU KNOW, A TIMEFRAME WITHIN, BY WHICH, YOU KNOW, THE PLANNING AND COMMISSION HAS TO ISSUE A DECISION, EITHER ACCEPTING A PROPOSED PLAN OR REJECTING IT, AND, YOU KNOW, COUNCIL HAS TO ACT SO, AND THAT WAS REALLY KIND OF WHY I DIDN'T SEE THAT TIMEFRAME ANYWHERE IN HERE BY WHICH, YOU KNOW, THE BOARD WOULD NEED TO RENDER A DECISION, UM, OR AT LEAST HEAR THE APPEAL.
AND THEN, YOU KNOW, AND THEN ALSO THEN THE OTHER ASPECT OF IT, THE NEXT QUESTION IS HOW SOON AFTER THEY HEAR THE APPEAL, MOSTLY, UH, SEWER AND WATER, UH, BOARD THEN ISSUE A DECISION.
AND I MEAN, USUALLY DO IT THE SAME WAY.
WELL THAT, AND THEN THAT'S FINE.
UM, BUT, UM, AGAIN, I THINK WE WOULDN'T, I THINK THE CUSTOMER DESERVES TO KNOW WHEN THEY'RE, UH, WHEN THEIR APPEAL WILL BE HEARD ONCE, YOU KNOW, NOW THAT WE'VE SET A DEADLINE FOR THE CUSTOMER TO FILE, THEY SHOULD KNOW THAT, YOU KNOW, THAT THE APPEAL WILL BE HEARD AT THE NEXT
[00:30:01]
ADVICE, YOU KNOW, WATER AND SEWER ADVISORY COMMITTEE MEETING, I WOULD THINK.UM, YEAH, BUT THE THINGS THAT I'VE GONE TO BY MONTHLY MEETINGS IS THAT IF, YOU KNOW, AT 60 DAYS, YOU KNOW, UP TO 60 DAYS AFTER THEY RECEIVED THE BILLING ERROR, THAT THEY CAN MAKE THE APPEAL AND THEN THEY COULD POTENTIALLY, WITHOUT THE CALENDAR FIELDS FALLS BE ANOTHER 60 DAYS BEFORE THEY WOULD EVEN BE HEARD, THEY'RE GOING TO BE RESPONSIBLE FOR PAYING THAT BELL IN THE INTERN.
UM, I DON'T THINK THERE'S A PROVISION THAT IT'S, YOU KNOW, STAYED UNTIL THEIR APPEAL IS HEARD.
UM, WELL, YOU PROBABLY WOULDN'T WANT THAT EITHER, BECAUSE THEN EVERYBODY WOULD BE APPEALING, DO THINGS TO PREVENT THEMSELVES FROM HAVING TO PAY HIM.
BUT, UH, SO, UH, THAT WOULD, UH, YOU KNOW, THEY MIGHT HAVE TO CARRY YOU TO PAY THAT AND CARRY THAT MONEY FOR UP TO FOUR MONTHS, THE WAY I KIND OF BE MORE FOR LIKE SETTING, UH, A, UH, I CAN SAY A 30 DAY FROM RECEIPT OF APPEAL THAT IT NEEDS TO BE HEARD THAT GIVE THEM THE BOARD ENOUGH TIME TO SCHEDULE A SPECIAL MEETING.
I MEAN, I THINK SOME OF THESE BOARDS AND COMMISSIONS DON'T FEEL LIKE THEY'RE BEING UTILIZED EFFECTIVELY EITHER, OR THEY DON'T HAVE A LOT TO DO, UM, THIS WOULDN'T, YOU KNOW, THIS IS ONE OF THEIR PRIMARY ROLES, SO I DON'T KNOW, WE WOULD WANT TO KEEP PUSHING IT OFF MONTHS THEN.
THAT'D BE 30 DAYS FROM THE TIME OF APPEAL FOR THEM TO RESPOND BE.
SO THAT WOULD BE ADDED THEN TO SECTION A PROVISION TO THAT EFFECT.
SO IT WOULD BE REWORKING WHAT ROSS HAS SUGGESTED THAT IT WOULD JUST BE THE NEXT WATER AND SEWER BOARD.
AND INSTEAD IT WOULD BE, UH, WITHIN 30 DAYS OF RECEIPT OF THE APPEAL.
THAT SOUNDS GOOD THEN, UM, JIM, I GUESS YOU HAD MADE A REFERENCE TO THERE'S NO PENALTY SECTION IN THIS SECTION AND, UM, ROSS, HIS OPINION WAS THAT THERE WAS, IT WAS NOT NECESSARY TO HAVE A PENALTY SECTION.
I JUST, LIKE I SAID, I JUST NOTICED IT WAS, IT WAS ONE OF THE FEW SECTIONS OUT THERE THAT DID NOT HAVE A, ANY KIND OF A PENALTY.
AND THEN LATER IN THIS SECTION, UM, OKAY.
IN G UM, THAT WAS THE QUESTION OF MANMADE AND WHETHER THAT WAS A CORRECT WORD TO CONTINUE TO USE, UM, WHERE US AS OPINION WAS THAT IT, UH, SHOULD STAY MANMADE, BUT THAT, UM, FOLLOWING MANMADE WHERE IT SAYS NOW POND LAKE OR OTHER SIMILAR BASIN, THAT THEY CAN GET A REBATE THAT SWIMMING POOLS SHOULD BE ADDED.
WHERE WERE YOU PLAYING 23 GENE
I DON'T HAVE A PROBLEMATIC SWIM FULL.
I THINK THE QUESTION WAS MORE, UH, GENDER RELATED AS OPPOSED TO CHANGING MAN-MADE TO ARTIFICIAL.
SO YEAH, I, I HAVE NO PROBLEM WITH CHANGING, YOU KNOW, ADDING SWIMMING POOL AND THEN ADDING, UM, ARTIFICIAL ARTIFICIALLY MADE POND.
WELL, ARTIFICIAL ARTERY MEANS, OKAY.
ARTIFICIAL PLONK, NO PROBLEM WITH MAKING THOSE RECOMMENDATIONS.
UH, THE NEXT SECTION IS 9 24 0.01.
AND THEN THIS, UM, UNDER THE DEFINITION FOR NEW SOURCE OF REFERENCES, SECTION 3 0 7 C OF THE ACT, AND THERE WAS SOME DISCUSSION ABOUT WHAT THE ACT IS, UH, THE LAW DIRECTOR SAYS,
[00:35:01]
UM, HE THINKS IT SHOULD BE CHANGED TO READ ACT MEANS THE WATER, THE FEDERAL WATER POLLUTION CONTROL ACT COMMONLY REFERRED TO AS THE CLEAN WATER ACT.AND THEN, UM, WE HAD DISCUSSION ABOUT WHETHER THIS WAS THE CORRECT ADDRESS OF THE TREE, THE WASTEWATER TREATMENT PLANT IN THE DEFINITION FOR POTW TREATMENT PLANT.
UM, AND, UM, HE SAID THAT IS THE CORRECT ADDRESS.
SO THERE WAS NO NEED TO MAKE A CHANGE IN THAT AREA.
I WOULD AGREE WITH, UH, UH, CITY ATTORNEY'S RECOMMENDATION ABOUT IDENTIFYING THE WORD ACT, CAUSE EVEN RUSS AND HIS COMMENTS SAID HE DIDN'T KNOW WHAT IT WAS BEING REFERRED TO THERE.
SO NEXT IS, UH, 9 25 SEWER DISTRICTS.
THIS WAS THE LIST OF ALL THE SEWER DISTRICTS.
THE QUESTION THE COMMISSION HAD WAS WHETHER THIS WAS A COMPLETE AND ACCURATE LIST.
UM, RUSS SAYS IT IS IT'S OKAY AS IT IS.
AND, UH, THE LAW DIRECTOR DEFERRED THE REST, AS YOU SAID,
CAN I BACK UP FOR JUST A SECOND REAL QUICK, WE'RE BACK TO COMPLAINTS AND APPEALS AND 9 23 10.
UM, I'D LIKE TO RECOMMEND ONE CHANGE HERE WHERE THE, UM, THE, THE APPEAL TO COUNCIL BY NOTIFYING, BY CLERK OF COUNCIL AND WRITING WITHIN 10 DAYS, UM, 10 DAYS, DEPENDING ON THE CALENDAR COULD BE JUST A FEW DAYS.
CAN WE MAKE THAT 10 BUSINESS DAYS OR SOME WAY TO MAKE A RECOMMENDATION OF WHATEVER 10 DAYS, DEPENDING ON HOW COUNTER LINES UP SOME HOLIDAYS OR WHATNOT COULD GET PRETTY.
IT COULD REDUCE THAT TO THREE OR FOUR DAYS BECAUSE THAT'S TRUE.
AND I DON'T THINK THERE'S A GENERIC DEFINITION OF DAYS ANYWHERE IN THE BIG, LIKE AT THE BEGINNING OF THE CODE THAT IDENTIFY AS DAYS AS CALENDAR, BECAUSE WE HAD THIS DISCUSSION A FEW MEETINGS AGO.
IF IT SAYS DAYS, WE INTERPRET THAT AS CALENDAR DAYS, IF IT SAYS BUSINESS DAYS, THEN WE WOULD JUST BE DAYS WHEN THIS IS.
SO I WOULD AGREE WITH GLEN, I THINK LET'S ADD THE WORD BUSINESS, UH, BETWEEN 10 AND DAYS.
UH, THE NEXT SECTION IS 9 29 0.38.
SO ON THIS ONE, UM, ROSS SAID, UM, MADE CLARIFICATION THAT THE APPEALED TO A BILLING COMPLAINT IS A FILED AT CITY HALL AND THE CARE OF THE WATER AND SEWER ADVISORY BOARD.
UM, INTERESTINGLY ENOUGH, HE ALSO PUT HERE COMPLAINT HAS TO BE FILED WITHIN 90 DAYS FROM THE DATE OF THE BILL.
SO, UH, THAT WOULD BE AT ODDS WITH WHAT WE JUST DECIDED WITH 60.
UM, BUT YOU KNOW, THERE'S NO RIGHT ANSWER.
IT'S WHEN EVER EVERYBODY THINKS IN SPANISH.
CAUSE HE HAD SOMETHING MARKED IN AND HE CROSSED IT OUT AND PUT IN 90.
I'M NOT SURE WHAT HIS INITIAL, THEY PROBABLY DID IT OFF OF MEMORY, BUT, UM, AND THEN JERRY, IN THIS SECTION, HE, HE AGREED THAT THERE SHOULD BE SOME AS TO HOW THE APPEALS FILED.
HE WENT INTO A LOT MORE DETAIL THAN RUSTED.
AND, UM, I WOULD SAY THAT THE LAW DIRECTOR'S LANGUAGE IS PROBABLY, UH, MORE ADEQUATE AND YEAH, I AGREE.
I WOULDN'T RECOMMEND ACCEPTING THE LAW DIRECTORS.
AND THEN DO WE WANT TO KEEP IT CONSISTENT AND USE 60 DAYS? WELL, I THINK WHAT ROSS IS RECOMMENDING HERE IS 19 ISSUE.
SO I EITHER THE PREVIOUS DECISIONS YOU'VE GOT A 90, OR THIS ONCE YOU'RE GOING TO SAY WE'VE BEEN DOING 90, THEN WE SHOULD PROBABLY STAY WITH NADIA.
CAUSE OTHER WORDS, IT WOULD GET CONFUSING.
THE PEOPLE WE AGREED TO 60, I THOUGHT, YEAH, NO.
I MEAN, IF THEIR POLICY HAS BEEN 90, WE PROBABLY TRY TO REDUCE THEIR BROTHER HAS, BUT THERE HASN'T BEEN ONE.
HE WAS JUST MAKING THIS ADJUSTMENT.
I THOUGHT HE WAS SAYING, THIS IS WHAT THEY DO NOW.
LIKE THAT'S KIND OF WHERE I CAME UP WITH THE 90, I FORGOT ABOUT THIS PROVISION WHEN WE WERE TALKING, BUT THAT'S WHY, YOU KNOW, MENTIONED 90 EARLIER.
UM, SO I MEAN 60 WITH IS I'M OKAY WITH 60 AND, BUT I THINK THEY SHOULD BE CONSISTENT WITH EACH, YOU KNOW, WITH ANY, SO EITHER, YOU KNOW, I'M OKAY WITH EITHER DOING THIS ONE IN 60 AS WELL OR MOVING THE OTHER ONE TO, UM, 90, WHICH WHATEVER THE PLEASURE OF THE COMMITTEE IS.
[00:40:03]
I REMEMBER WE GOT THE SAME 10 DAYS AND B AS WELL.CAN WE ADD BUSINESS THERE? YEAH.
SO YOU WANT TO KEEP A CONSISTENT AND DO 60 YEAH.
IN THIS SECTION AND THEN, OKAY.
AND THEN ALSO ADD BUSINESS DAYS, THE SECTION B.
NEXT IS 9 31, WHICH IS THE WATER DISTRIBUTION DISTRICTS.
UH, THE QUESTION WAS JUST, ARE ALL THE DISTRICTS LISTED HERE? RUSS SAYS THAT, UM, ALL OF THESE DISTRICTS THAT ARE LISTED STILL EXIST AND THERE THEY ARE, THE ONLY DISTRICTS THAT EXIST ON THIS THING.
SO THAT WILL BE PASSED ON AS WRITTEN, UH,
UM, TYPES OF PROTECTION REQUIRED.
UM, ROSS MADE A CHANGE IN PARAGRAPH D TO THE ABBREVIATION RP REDUCED PRESSURE PRINCIPLE BACKFLOW.
THE PRINCIPAL IS NOT SUPPOSED TO BE LIKE PRINCIPAL OF A SCHOOL.
IT'S SUPPOSED TO BE PRINCIPAL BOLT ALI.
UM, YOU SAID THE LIST OF THE FACILITIES THAT ARE ON HERE IS COMPLETE.
AND SINCE EVERYTHING IN THE LIST USES THE ABBREVIATION RP PROTECTION, UH, DIFFERENT METHODS TO SHOW THE LIST COULD BE DEVELOPED.
THAT WAS THE DESIRE OF ANYBODY TO, OKAY.
SO OTHER WITH THE EXCEPTION OF THAT ONE, UH, CORRECTION AS TO THE WORD PRINCIPAL, UH, WE WILL PASS THIS ON AS PRESENTED.
NICE ARGUMENT FOR REALLY KEEPING THIS IN A TABLE FOR WOULD BE IF FOR SOME REASON THE ABBREVIATION THAT APPLIED TO THAT PARTICULAR TYPE OF FACILITY CHANGED AND YOU HAD ONE THAT WAS AN AIG INSTEAD OF AN RP, UM, THEN YOU'D HAVE TO REDESIGN IT AGAIN TO GO BACK.
UM, SO I THINK IT COULD PROBABLY JUST STAY WITH THOSE CHANGES.
OTHER THAN THE WORD PRINCIPAL, PRINCIPAL.
THE IS A VERY, IT'S VERY SIMPLE.
THAT TO ME IS THE FUNNIEST ONE.
UM, SO I HEARD A CONDESCENDING, SO THAT WILL BE DELETED.
UM, UH, UH, JOHN SAYS JOSH KING TO REVIEW, UH, I DIDN'T GET ANYTHING FROM JOSH KING SO THAT ONE WE'RE GOING TO HAVE TO CARRY OVER REVIEW.
AND JOSH WAS GONE ON A THREE WEEKS VACATION.
HE JUST GOT BACK AND SECTION NINE, NEXT ONE IS 9 45, 9 45.
UM, JERRY SAID, UH, THE CITY, HE BELIEVES THE CITY STILL RECEIVED CERTAIN VSP FEES, BUT HE'S NOT SURE YES.
RUST IF HE KNEW RUSS SAID ON HIS RESPONSE THAT JERRY WOULD REVIEW THIS.
UM, SO I'M NOT SURE WE GOT AFFIRMING ANSWER ON THERE.
SO WE'LL PASS THAT ONE BACK TO SEE IF WE CAN GET SOMETHING A LITTLE MORE CLEAR.
UH, THERE WAS A TYPE OF GRAPHICAL IN A SECTION 3 0 8 SECTION A THREE.
IT SHOULD BE MAJOR, NOT MAYOR.
I THINK WE MAY HAVE MADE THAT CORRECTION ALREADY.
UM, AND THEN THE REST OF IT WAS, THERE WERE NO CHANGES.
UH, THEN 9 51, THE ENGINEERING, UH, THE FEE SCHEDULE, UH, JERRY OR A RUSS PROVIDED AN UPDATE AS TO THE FEES THAT HE WOULD RECOMMEND FOR THE VARIOUS, UM, EXPENSES AND FEES INCURRED BY, UM, THE ENGINEERING DEPARTMENT WITH REGARD TO CERTAIN THINGS THAT THEY DO.
UM, AND, UH, AND I THINK ACTUALLY WHAT HE'S PUT ON THERE IS WHAT THE FEES REALLY
[00:45:01]
ARE.NOW THEY'VE ALREADY BEEN CHANGED.
HE'S NOT RECOMMENDING A CHANGE.
HE'S MAKING THE CODE CONSISTENT WITH WHAT IT IS CURRENTLY.
SO THAT WILL BE PASSED ON THAT ONE, THOSE CHANGES.
AND I THINK THAT BRINGS IT UP.
IT TAKES CARE OF THE LEGISLATION REVIEW WORKSHEETS.
I WOULD JUST LIKE TO GIVE KUDOS TO ROSS BECAUSE ONE HE'S THE ONLY STAFF MEMBER THAT HAS REALLY TREATED THIS PROCESS SERIOUSLY AND TOOK THE TIME TO REALLY DELVE INTO THIS STUFF.
BUT THIS WAS ENORMOUSLY HELPFUL TO ME THE WAY HE DID AND OFFERED EVERYTHING AND MADE IT VERY EASY TO FOLLOW THE SUGGESTED CHANGES AND EVERYTHING.
SO, UM, I SAY HE DID A TERRIFIC JOB, AT LEAST FROM MY, I WOULD, I WOULD AGREE.
AND, UH, YOU KNOW, IT, EVEN THOUGH WE JUST GOT IT YESTERDAY, I WAS ABLE TO REVIEW IT VERY QUICKLY, THE WAY IT WAS LAID OUT.
AND SO WHO DOES AS WELL FROM MY POINT OF VIEW, AFFORD THAT TO ALL THE OTHER DEPARTMENT HEADS.
WHAT'S THAT FORWARD THAT TO ALL THE OTHER DEPARTMENT HEADS.
WELL, THEY'RE JUST NOT EVEN GIVING ANYTHING THAT SHOWS YOU HOW MUCH IT HELPS THE TRAINS RUNNING ON TIME, YOU KNOW, YOU CAN'T, IT ALWAYS GETS DONE.
[ City Code - Part Eleven - Planning and Zoning Code - Review]
TO SECTION THREE, B, WHICH IS THE SECTION OF THE CODE THAT WE'RE GOING TO BE REVIEWING, STARTING TO REVIEW TONIGHT, UH, PART 11, WHICH IS THE PLANNING AND ZONING CODE, UM, BECAUSE WE DID NOT HAVE A MEETING LAST MONTH.UM, ONE OF THE THINGS I THINK RATHER THAN GOING THROUGH EACH INDIVIDUAL CODE SECTION, WHAT I WOULD LIKE IT WITH THE CONCURRENCE OF THE COMMITTEE WILL BE TO ADDRESS EACH SPECIFIC CHAPTER IN THE CODE.
AND THEN IF ANYONE HAS ANY QUESTIONS OR COMMENTS ABOUT ANY PARTICULAR ORDINANCE WITHIN THAT CHAPTER, YOU KNOW, BRING THEM FORWARD.
AND THAT WAY WE CAN HOPEFULLY MOVE THROUGH IN A FAIRLY, UH, REASONABLE PERIOD OF TIME, UH, THE VOLUMINOUS PROVISIONS OF THE ZONING PLANNING AND ZONING CODE.
SO UNLESS ANYBODY HAS ANY OBJECTIONS, CAUSE WE HAVE TO HAVE OUR FINAL REPORT COMPLETED SO THEY CAN BE PRESENTED TO COUNCIL PROBABLY I GUESS, AT THE NOVEMBER MEETINGS.
OUR REPORT COMPLETED IN OCTOBER, THE WORK OF THIS COMMISSION ENDS ON OCTOBER 31ST.
SO IN ORDER TO AVOID HAVING MORE THAN ONE MEETING PER MONTH, UM, I THINK WE WANT TO MAYBE, YOU KNOW, I DON'T WANT TO GIVE ANYTHING SHORT SHRIFT ON ANY, ANY PROVISIONS.
SO IF ANYBODY HAS ANY QUESTIONS ABOUT ANY PARTICULAR PROVISIONS, DON'T HESITATE TO BRING THEM UP.
BUT IF VARIOUS, YOU KNOW, CHAPTERS, YOU KNOW, WE'RE OKAY WITH IT AS A COMMISSION, THEN I DON'T THINK WE NEED TO GO THROUGH COURTNEY'S BY ORDINANCE LIKELY DOWN TO THIS POINT.
AND, UH, IF THERE ARE SECTIONS THAT YOU WANT AS A COMMISSION TO HAVE SOME FURTHER DETAILED DISCUSSION ABOUT, WE CAN FLAG THOSE AND GATHER MORE INFORMATION AND BRING THAT BACK, JUST LIKE WE'VE DONE WITH THE LEGISLATION WORKSHEETS ON OTHER AREAS TOO.
UM, ONE OTHER THING JUST TO MENTION IS THAT THE PLANNING AND ZONING CODE IS A LITTLE BIT DIFFERENT THAN SOME OF THE OTHER CODES IN THAT ANY CHANGE TO THE PLANNING AND ZONING CODE ALSO REQUIRES THAT A TEXT AMENDMENT BE PRESENTED TO THE PLANNING COMMISSION FOR APPROVAL BEFORE IT GOES TO CITY COUNCIL FOR APPROVAL.
SO THE OTHER SECTIONS WE'VE BEEN ABLE TO MAKE RECOMMENDATIONS THAT WOULD JUST GO TO CITY COUNCIL, THEY CAN MAKE THE CHANGES, UH, ANY CHANGES TO THE BEST PART OF THE CODE ALSO REQUIRE AN EXTRA STEP OF PLANNING COMMISSION APPROVAL.
UM, UH, JERRY AND I KIND OF DISCUSSED THIS A LITTLE BIT AND, UH, THE THOUGHT WAS WE COULD STILL, UH, AS A COMMISSION, MAKE RECOMMENDATIONS TO COUNCIL FOR CHANGES TO THE PLANNING AND ZONING CODE.
AND THEN IF THERE'S ONES THAT THE COUNCIL THINGS, UH, SHOULD MOVE FORWARD, THEN WE'LL SEND THOSE TO THE PLANNING COMMISSION INSTEAD OF SENDING EVERYTHING TO THE PLANNING COMMISSION AND FINDING OUT LATER THAT THE COUNCIL WASN'T REALLY INTERESTED IN MAKING CHANGES TO THOSE PARTICULAR SITES.
UM, AT THIS POINT, AS I MENTIONED AT THE BEGINNING OF THE MEETING, WE DO HAVE A COUPLE OF GUESTS BEFORE US, AND I BELIEVE THEY WOULD LIKE TO SPEAK TO, UH, A PROVISION WITHIN THE PLANNING AND ZONING CODE.
SO I WOULD ASK ONE OF THEM OR BOTH OF THEM TO COME TO THE PODIUM UP HERE.
UM, IF YOU COULD IDENTIFY YOURSELF BY NAME AND ADDRESS FOR THE RECORD AND LET US KNOW IF YOU, IF YOU KNOW WHICH CODE SECTION IT IS THAT YOU WANT US TO LOOK AT.
CAUSE WE'VE GOT, I THINK THE CODE IN FRONT OF US SO WE CAN ADDRESS THAT.
SO I'LL TURN IT OVER TO YOU AND I'LL JUST GIVE YOU SOME, UH, UH, JUST A SECTION
[00:50:01]
REFERENCE.UM, I THINK BOTHERED THE ISSUES THAT THEY WANT TO TALK ABOUT ONE HAS TO DO WITH PARKING, UH, THAT WAS BACK IN, UH, PART SEVEN OR I'M SORRY, PART THREE, TITLE SEVEN, WHICH WAS PARKING OF THE CODE, WHICH WE HAVE REVIEWED ALREADY.
AND THEN THE OTHER ISSUE THAT I THINK IS A PRIMARY IMPORTANCE TO THEM IS THE HOME OCCUPATION, UH, SECTION FOR DOING BUSINESS, UH, IN A RESIDENTIAL AREA.
AND THAT IS SUCH AN 1120 3.53, WHICH IS THE COVID UNDER DISCUSSION.
CAN YOU TURN IT OVER TO YOU, SIR? MY NAME'S MATTHEW
I LIVE AT 6, 8 79 JANETTA STREET.
UM, THIS IS BASICALLY ON A VARIOUS, UM, INCIDENCES WE'VE HAD IN OUR CUL-DE-SAC.
I DO NOT KNOW WHAT THE CODES ARE.
WE'VE BEEN TRYING TO ADDRESS THIS FOR OVER A YEAR.
WE'VE GOT CARS COMING THROUGH OUR CUL-DE-SAC AT ALL HOURS, DAY AND NIGHT, DROPPING OFF CARS, PICKING UP CARS, WHICH REALLY MAKES IT A NUISANCE.
WE'VE HAD THEM DROPPED OFF AT ONE O'CLOCK IN THE MORNING.
WE'VE HAD THEM AT 11 O'CLOCK AT NIGHT.
THEY PARKED THEIR CARS WHERE THEIR HEADLIGHTS ARE GOING RIGHT INTO OUR WINDOWS.
UM, AS WE'VE BEEN TOLD BY THE CITY, THERE IS NOT TOO MUCH STUFF THAT REGULATES WHAT THE BUSINESSES ARE FOR INSIDE A RESIDENTIAL AREA.
UM, WE DO KNOW THAT THE PUBLIC HAS A VOICE WHEN IT COMES TO AN INDUSTRIAL AREA.
SO WHY IS THERE NOTHING IN THERE AS FAR AS HAVING A BUSINESS LICENSE AND REVIEWS FOR A, IN YOUR, UM, PRIVATE HOUSE? UH, ONE OF THE THINGS THAT BROUGHT TO US WAS, UM, PARKING AROUND THE FIRE HYDRANT, BEING ABLE TO GET IN AND OUT, UM, THE WAY THE CARS WERE PARKED.
IT WAS A, A SAFETY HAZARD DUE TO THE FACT THAT EMS VEHICLES WOULD NOT BE ABLE TO MAKE IT DOWN THE STREET.
AS PART OF A BUSINESS LICENSE, YOU ARE REQUIRED TO GET THE FIRE DEPARTMENT TO SIGN OFF ON IT.
WHY IS THIS NOT SOMETHING THAT IS REQUIRED FOR A RESIDENTIAL BUSINESS AS WELL, TO MAKE SURE THAT SAFETY CONCERNS FOR THE NEIGHBORHOOD ARE ADDRESSED? UM, THE NEIGHBORHOOD BASICALLY HAS NO VOICE OTHER THAN TO KEEP COMPLAINING TO THE CITY ABOUT ISSUES IN THE AREA WHERE IF THEY HAD MORE OF A VOICE ON BUSINESSES THAT ARE GOING TO BE IMPACTING THAT NEIGHBORHOOD, THAT WAY THEY COULD DO IT BEFORE, UM, UH, BUSINESSES ACTUALLY IN THE NEIGHBORHOOD, SOME OF THEM ARE QUITE SMALL.
YOU'D NEVER EVEN KNOW THEY'RE IN THE HOUSE, BUT SOME OF THEM MAKE QUITE A BIG IMPACT IN OUR NEIGHBORHOOD.
WE HAVE SEVERAL GRANDCHILDREN AND TWO SPECIAL NEEDS ADULTS.
CURRENTLY, A LOT OF THE RESIDENTS DO NOT FEEL THAT IT'S A SAFE NEIGHBORHOOD BECAUSE WE HAVE CARS SPEEDING DOWN THE STREET.
CURRENTLY WITHIN THE PAST FEW WEEKS, WE NOW HAVE, UM, TRADEMARKS WHERE SOMEONE DID A BURNOUT AND HEADED HALFWAY DOWN OUR STREET, AND THE MARKS ARE STILL ON THE STREET.
SO WITH SPECIAL NEEDS ADULTS, UM, GRANDCHILDREN PLAYING OUT IN THE STREET, THIS IS MAKING OUR NEIGHBORHOOD UNSAFE.
UM, WE WERE TOLD ABOUT THIS COMMISSION.
IT MEETS EVERY 10 YEARS TO REVIEW THE COATS.
ONE OF OUR CONCERNS IS MAYBE WITH THE WAY OUR CITY IS GROWING.
IT NEEDS TO BE ADDRESSED MORE THAN MEETING UP EVERY 10 YEARS, FIVE YEARS OR SOMETHING A LITTLE BIT MORE, ESPECIALLY WHEN WE HAVE SAFETY CONCERNS.
MOST RESIDENTS DON'T KNOW HOW THIS PROCESS WORKS.
I'M LEARNING QUITE A BIT, JUST SITTING HERE, LISTENING TO YOU GUYS, TALK AND DISCUSSING STUFF BEFORE THE MEETING.
BUT IF WE'RE ONLY GOING TO BE REVIEWING THIS EVERY 10 YEARS, THERE SHOULD BE SOME WAY TO GET THIS EXPEDITED, OR AT LEAST SOMEONE CAN GIVE US A DIAGRAM ON WHAT STEPS TO TAKE, TO GET EVERYTHING PUT IN AN EXPEDITED WHEN YOU'VE ALREADY REVIEWED THE STUFF.
AND IT'S NOT DUE FOR SEVERAL YEARS WILL BE REVIEWED AGAIN.
THE PARKING HAS ALREADY BEEN ADDRESSED IN OUR AREA.
WE HAVE PEOPLE PARKING, BOTH DIRECTIONS.
IT DOESN'T MATTER GOING FROM LEFT TO RIGHT, RIGHT TO LEFT.
WE'VE GOT TRASH FROM BUSINESS BLOWING DOWN OUR STREET IN OUR YARD AND OUR NEIGHBOR'S YARD.
CUSTOMERS COME DOWN THE STREET.
UM, I'VE HAD PEOPLE COME INTO MY DRIVEWAY.
WE GOT TOLD BY THE BUSINESS OWNER, HE CAN'T BE RESPONSIBLE FOR IDIOTS WHO CAN NOT FOLLOW A GPS.
WELL, ALL OUR HOUSES, ALL OUR MAILBOXES HAVE ADDRESSES ON THEM.
WHY ARE WE HAVING PEOPLE PULLING IN THE WRONG ADDRESS FOR A BUSINESS, ESPECIALLY AFTER HOURS OR FIRST THING IN THE MORNING? UM, MY SON IS ONE OF THEM THAT IS A SPECIAL NEEDS ADULT.
WE HAVE DRIVERS THAT COME IN TO PICK THEM UP, DROP THEM OFF PER THE
[00:55:01]
COMPANIES THAT DO THE TRANSPORTATION.THEY ARE NOT ALLOWED TO PARK OUT IN THE MIDDLE OF THE STREET TO ALLOW THESE PEOPLE TO GET IN AND OUT OF THEIR VEHICLES.
AND IF THERE'S NOT A CLEAR SHOT TO GET INTO OUR DRIVEWAY, THEY CAN'T DO THEIR JOB.
AND OUR CHILDREN CAN'T GET OUT TO WHERE THEY NEED TO BE.
IF THERE'S AN ISSUE WITH THE PARKING.
WITH THAT I MENTIONED ON WHEN CARS ARE DROPPED OFF, PICKED UP ALL TIMES, THERE IS NO SET TIME AND PEOPLE SHOW UP ALL THE TIME.
OUR, OUR TRAFFIC IS BASICALLY MULTIPLIED IN OUR CUL-DE-SAC DUE TO THE FACT THAT IT TAKES AT LEAST TWO VEHICLES.
EVERY TIME YOU PICK UP AND DROP OFF A VEHICLE, YOU BRING IT IN, YOU DROP IT OFF.
NOW YOU'VE GOT TO BRING IN ANOTHER CAR, COME IN, PICK UP.
THERE'S NOT ENOUGH PARKING, WHICH IS ONE OF THE THINGS THAT I FOUND ON THE BUSINESS LICENSE REQUEST FORM IS HOW THE PARKING'S GOING TO BE HANDLED AND TO BE SIGNED OFF BY THE FIRE DEPARTMENT NOW WHERE ALL THIS STUFF FALLS IN THE CODES, I HAVE NOT BEEN ABLE TO FIND IT, AND I'M NOT VERY GOOD AT RESEARCHING THE CITY CODES.
SO I CAN'T TELL YOU WHAT SECTIONS THAT ARE IN.
IT'S JUST, THESE ARE THE CONCERNS THAT WE'VE HAD.
AND WE'VE SEEN IN OUR NEIGHBORHOOD THAT WE'D LIKE TO SEE ADDRESSED DUE TO THE FACT THAT IT'S BASICALLY THE SAFETY OF OUR CHILDREN AND THE NEIGHBORHOOD.
THAT'S WHAT WE'RE TRYING TO ADDRESS.
DID YOU SAY I, IF I DID, I DIDN'T CATCH IT.
WHAT IS THE NATURE OF THE HOME OCCUPATION THAT YOU'RE TALKING ABOUT? WHAT DO THEY DO? THEY DO AUTO DETAILING AND WINDOW TINTING, WHICH IS ONE OF THE THINGS THAT HAS BEEN THROWN UP IN MY FACE.
BECAUSE FOR ME TO CALL THE POLICE, I AM WASTING THE POLICE'S TIME AND PUTTING THEIR LIVES IN JEOPARDY.
ONE OF THE CODES FOR THE STATE OF OHIO STATES THAT THE WINDOW TINTING CAN NOT BE MORE THAN 50%.
ALL THREE OF HIS VEHICLES ARE MORE THAN 50% TINTED ALL THE WAY AROUND, INCLUDING THE PASSENGER AND DRIVER'S WINDOW.
MOST OF THE VEHICLES THAT LEAVE ARE CALLED A SACK ARE TINTED EXCESSIVELY, WHICH ALSO PUTS OUR POLICE AT RISK BECAUSE YOU CAN NOT SEE THROUGH THE DRIVER'S WINDOWS.
YOU CAN NOT SEE THROUGH THE PASSENGER FRONT WINDOW, SEVERAL TIMES, THE WINDSHIELDS ARE TINTED.
THAT IS ALSO AGAINST DLT REGULATIONS FOR VEHICLE TINTING.
I HAVE NOT GONE UP CLOSE ENOUGH TO SEE IF THE TINTING DECALS ARE IN THERE FOR THE LAW.
IT'S JUST A HAZARD IN OUR NEIGHBORHOOD.
DO THEY ACTUALLY DO THE WINDOW TINTING AT THE HOUSE IN THE GARAGE? YES.
WE HAVE HAD A PICTURE OF A LIMOUSINE TRYING TO MAKE IT INTO HIS DRIVEWAY SO THEY CAN TINT THE WINDOWS OF THE LIMOUSINE.
THIS IS, UH, BEEN AN ONGOING ISSUE FOR A NUMBER OF MONTHS AS VADER REFERENCED, UM, THE PARKING ISSUE AS IT RELATES TO THIS COMMISSION.
UM, AND I'VE, I'VE SHARED WITH THE ROCK TEES IS THAT, UM, THERE'S REALLY NO CODE CHANGE.
THAT'S NEEDED TO ADDRESS THE PARKING SITUATION.
UM, THEY HAVE SENT ME MANY, MANY PICTURES OVER THE LAST FEW MONTHS WHERE, UM, THE PARKING SITUATIONS HAVE BEEN SHOWN, YOU KNOW, TO BE IMPROPERLY PARKED.
UM, I THINK ONE OF THE ISSUES AS THEY, SOMETIMES, YOU KNOW, WHEN PEOPLE ARE LEAVING THEIR CARS TO BE TENTED, THEY PULL THEM IN DIRECTLY AGAINST THE CURB.
IT'S NOT ALWAYS EVEN THAT THEY'RE JUST ON THE WRONG SIDE OF THE ROAD AGAINST THE CURB.
IT'S THAT THEY PULL IN, LIKE IT'S A PARKING SPOT AGAINST THE CURB, THE, THE HEAD OF THE CAR TO THE CURB, THEIR DRIVEWAY HAS GOTTEN BLOCKED.
AND THE NUMBER OF THE PICTURES AND THAT SORT OF SITUATION, UM, STEPS THE CITY HAS TAKEN TO ADDRESS THAT IS THAT, UH, THE POLICE CHIEF HAS BEEN MADE AWARE OF THE SITUATION.
THEY'VE STEPPED UP PATROLS IN THAT AREA, UH, WITH THE HOPES OF TICKETING, PEOPLE THAT ARE IMPROPERLY PARKED ON GENETIC COURT, UM, THOUGH IT'S HIT OR MISS IN THOSE TYPES OF SITUATIONS, WHETHER THEY'RE GOING TO SEE THE BEHAVIOR TAKING PLACE.
UM, ONE OF THE SUGGESTIONS THAT HAS BEEN GIVEN TO THE ROCKIES IS TO USE THE NON-EMERGENCY POLICE NUMBER, UM, TO, UH, MAKE REPORTS WHEN THERE IS A PARKING TAKING PLACE AND THE POLICE WILL MAKE EVERY REASONABLE ATTEMPT TO GET OVER THERE AND TAKE IT THE PERSON BEFORE THEY MOVED THE CAR.
UM, I THINK THEY FEEL THAT MAYBE THE POLICE DIVISION IS NOT AS RESPONSIVE AS THEY WOULD LIKE THEM TO BE.
I DON'T WANT TO PUT WORDS IN YOUR MOUTH.
UM, YOU KNOW, WHEN THEY'VE DONE THAT, I DON'T KNOW THAT THEY'VE TOTALLY EXERCISED IN EVERY SITUATION WHERE THEY'VE UTILIZED THE SUGGESTION TO CALL THE POLICE.
UM, BUT THEY GENERALLY WILL SEND MYSELF AND SOME OF THE OTHER CITY STAFF AND EMAIL WITH THE PICTURE, BUT WE MIGHT NOT SEE THE EMAIL IMMEDIATELY.
AND SO BY THE TIME I GET THE EMAIL SEVERAL
[01:00:01]
HOURS LATER AND CALL THE POLICE MYSELF AND TELL THEM TO GO OVER THERE, THE VEHICLE IS GENERALLY NOT THERE ANYMORE AT THAT POINT.SO, UM, YOU KNOW, ONE THING THAT YOU COULD DO TO ASSIST IN THIS PROCESS OF THE ENFORCEMENT IS USING THE NON-EMERGENCY NUMBER TO CALL THE POLICE.
NOW, THE HOME OCCUPATION THING AND THE OPERATING THE BUSINESS, THAT'S A WHOLE DIFFERENT ISSUE.
UM, THE CODE AS MR. ROCK D STATED IS NOT VERY SPECIFIC IN TERMS OF THE CONDITIONS THAT ARE PLACED ON THAT.
AND, UH, AS I REFERENCED, THAT'S 11 23 53, UM, ONE OF THE THINGS IN 11 23 53 TALKS ABOUT, UH, HOME OCCUPATION, NO TRAFFIC SHALL BE GENERATED BY A HOME OCCUPATION IN GREATER VOLUME THAN WOULD NORMALLY BE EXPECTED IN A RESIDENTIAL NEIGHBORHOOD AND ANY NEED FOR PARKING GENERATED BY THE CONDUCT OF SUCH HOME OCCUPATION SHALL MEET THE OFF STREET PARKING REQUIREMENTS AS SPECIFIED IN THE ZONING ORDINANCE AND SHALL NOT BE LOCATED IN A REQUIRED FRONT GUARD.
SO, UM, YOU KNOW, I THINK THAT'S ONE OF THE AREAS WHERE, YOU KNOW, UH, FROM THIS SITUATION, IT SOUNDS LIKE THERE'S NOT COMPLIANCE.
UM, THE CITY MANAGER DID ARRANGE TO HAVE A TRAFFIC COUNTER, UH, PUT ON THE COURT AND, UH, MRS. ROCKY, I DON'T REMEMBER THE NUMBERS YOU SHARED WITH ME
I WASN'T AWARE OF IT, UH, TODAY, BUT MRS. RODNEY DID SHOW ME A, UM, AN EMAIL FROM THE MAYOR, UH, THAT WAS DATED, I THINK YESTERDAY, UM, THAT SAID THAT HE HAD SPOKEN TO THE CITY MANAGER AND THERE WAS A PLAN, UH, IN PLACE TO DECLARE THOSE HOME OCCUPATION AS INCOMPATIBLE WITH THE NEIGHBORHOOD UNDER THIS SECTION OF THE ORDINANCE.
I, NO ONE'S BRIEFED ME ON THAT.
SO THE FIRST I HEARD OF IT WAS WHEN SHE SHARED THAT WITH ME, THIS HAS THE ZONING ENFORCEMENT DIVISION OF THE CITY BEEN INVOLVED IN THIS PROCESS.
WE HAVE, UM, AND YOU COULD PROBABLY SPEAK BETTER TO THIS, BUT TO COME UP AND TALK ON THE MICROPHONE AND WE'LL GET IT.
THERE'S A CONFLICT OF INTEREST BECAUSE ONE OF HIS WELL RELATIVES WORKS FOR THE ZONING COMMISSION AND HE IS ONE OF THE INSPECTORS AND HE THREW IT UP IN OUR FACE THAT HIS NIECE'S HUSBAND IS DON.
AND HE'S ONE OF THEM THAT WE'VE BEEN DEALING WITH SINCE MARCH OF LAST YEAR.
SO THE, THE ZONING AT LEAST TWO.
SO I HEARD ABOUT THIS ACTION, UH, TONIGHT.
UM, THE ZONING, UH, DEPARTMENT'S POSITION HAS BEEN THAT IT'S A LEGALLY OPERATING HOUSEHOLD OCCUPATION, UM, ON SITE, ON THIS HOME OCCUPATION THING ON NUMBER CSS, THERE SHALL BE NO VISIBLE EVIDENCE OF THE CONDUCT OF A HOME OCCUPATION.
CAN YOU TELL HE'S, CAN YOU VISIBLY SEE THAT HE IS DOING A BUSINESS THERE? YES.
BECAUSE LIKE, WHETHER THE LIMOUSINE, THERE WAS NO WAY TO GET THE LIMOUSINE IN THE GARAGE, OUR GARAGE IS ONLY 20 FEET DEEP, THE LIMOUSINE ISN'T YEAH, I KNEW THAT ANSWERED THAT QUESTION, BUT IT WAS JUST, WELL THEN SINCE THERE IS SO LIMITED PARKING, THAT BRINGS UP ANOTHER PARKING VIOLATION, WHICH WE DON'T KNOW HOW TO ADDRESS OR WHICH CODE IT IS.
AND THAT IS THE FEDERAL LAW BLOCKING PEOPLE'S MAILBOXES.
THE POLICE OFFICERS HAVE OUTRIGHT TOLD HIM HE HAS THE RIGHT TO BLOCK OUR MAIL.
WE WENT FOR FOUR DAYS WITHOUT GETTING OUR MAIL BECAUSE HE PURPOSELY PARKED HIS TINTED VEHICLES IN THE STREET, IN FRONT OF OUR MAILBOX CONTACT.
I MEAN, I'M JUST TRYING TO CALL THE COPS.
THE COPS SHOWED UP AT THE POST OFFICE.
THEY SAID, THERE'S NOTHING THEY CAN DO ABOUT IT BECAUSE HUBER HEIGHTS DOES NOT ENFORCE FEDERAL LAW.
DID YOU CALL THE POST OFFICE AND POST ALL THIS? THERE'S NOTHING THEY CAN DO ABOUT AMERICA.
POST OFFICE IS GOING TO DEFER TO THE CITY IN TERMS OF FORCEMENT OF ITS PARKING REGULATIONS.
I DIDN'T KNOW BECAUSE THE POST OFFICE WILL GET MAD IF YOU LIKE START STEALING PEOPLE'S MAIL AND STUFF LIKE THAT.
I THOUGHT THE POST OFFICE WOULD CARE, JUST STOP BECAUSE THE CITY PUT THE SNOW PILE IN FRONT OF OUR MAILBOX.
SO WE HAD PROBABLY THREE FEET TALL, SIX FEET WIDE, RIGHT IN FRONT OF OUR MAILBOX.
AND WE HAD TO CONTACT THE CITY TO GET A TRUCK, TO MOVE THE SNOW PILE OVER SO WE CAN GET THE MAIL BECAUSE THERE'S NO WAY WE CAN DIG THE SNOW OUT TO GET OUR MAIL DELIVERED.
BUT WE WERE ALSO HAVING TRENCHING TRACKED, LITERALLY THE TED STUFF.
WELL, THE GUARDS AND YOUR ARMS, AND TO ME RIGHT THERE SAYS THAT THERE'S A BUSINESS THERE, BUT HAVING
[01:05:01]
HIS CUSTOMERS COME AT 1130 AT NIGHT SETTING OFF MY SON, HE'S AUTISTIC IS NOT A GOOD IDEA THAT 1130 AT NIGHT, WHO DOES BUSINESS AT 1130 AT NIGHT, IF YOU'RE DOING A HOME OP, I THINK THERE NEEDS TO BE SET HOURS, BUT THIS TIME TO THIS TIME, UM, UM, COUPLE OF THINGS, UH, AND THEN, UH, WE WILL, UH, WE'LL ADDRESS YOUR CONCERNS WHEN WE GET TO THE CODE SECTION THAT, UH, TONY REFERENCED.WE'LL, WE'LL TALK ABOUT THAT AND PROBABLY PASS THAT ON TO THE CITY ATTORNEY.
WELL, AS, UH, UH, UH, UH, THE OTHER APPROPRIATE STAFF MEMBERS.
UM, THE ONE THING I DO A COUPLE THINGS I WANT TO, I WANT TO MENTION TO YOU, UH, AND I THINK WE, WE TOLD YOUR, YOUR WIFE THIS AFTERNOON BEFORE THE MEETING, IS THAT THE ORDINANCE REVIEW COMMISSION IS, IS CRE, UH, WE'RE A CREATION OF THE CITY CHARTER.
UH, THEN THE CHARTER SAYS WE HAVE, THE CITY COUNCIL HAS TO CREATE NO LESS THAN EVERY 10 YEARS.
UM, SO THAT'S WHERE THE 10 YEARS COMES FROM.
UH, WE ARE A CREATION OF, OF COUNCIL.
UM, NOW THAT DOESN'T MEAN THAT ORDINANCES CANNOT BE ADDRESSED ONLY ONCE EVERY 10 YEARS.
UH, YOU HIT ON THIS COMMISSION, YOU HAVE TWO MEMBERS OF COUNCIL, AND I BELIEVE YOU SPOKE WITH MR. WEBB BEFORE THE MEETING GOT STARTED.
UM, ONE OF THE THINGS THAT, UH, AT THE BEGINNING OF EACH COUNCIL, REMEMBER, THERE'S THIS SECTION CALLED CITIZEN COMMENTS, AND IT'S AN OPPORTUNITY FOR OUR CITIZENS TO COME TO THE COUNCIL MEETING AND EXPRESS THEIR GRIEVANCES DIRECTLY TO COUNCIL.
UM, SO YOU DON'T HAVE TO WAIT THE 10 YEARS.
SO, AND I, I APOLOGIZE IF YOU THOUGHT THAT THE, THAT, THAT THESE THINGS ARE ONLY REVIEWED ONCE EVERY 10 YEARS, BECAUSE THE, SOME OF THE ORDINANCES THAT WE'RE LOOKING AT WERE REVIEWED AS LATE AS 19, 2019.
SO ORDINANCES ARE IN THE ZONING CODE IS REVIEWED, I WON'T SAY CONSTANTLY, BUT IT IS AN ONGOING, EVOLVING PROCESS, LIKE YOU SAID, BECAUSE OF, YOU KNOW, WITH CITY OF HUBER HEIGHTS GROWING, UH, WHAT WAS EFFECTIVE AND POLICY IN POLICY IN 2011 MAY NO LONGER BE EFFECTIVE AS POLICY IN 2021.
AND SO, UH, THERE ARE ONGOING THINGS, UM, BUT I DO WANT TO APPRECIATE YOU COMING TONIGHT.
AND LIKE I SAY, WHEN WE GET TO THE, AND YOU'RE MORE THAN WELCOME TO STAY AND LISTEN TO EVERYTHING UP TO THAT POINT IN TIME AND WHERE WE GO FORWARD FORWARD.
UM, BUT I WANTED TO LET YOU KNOW, WE ARE GOING TO TAKE WHAT YOU SAID HERE TO HEART, AND WE WILL ADDRESS IT WHEN WE GET TO THAT SECTION.
AND, UM, YOU KNOW, HOPEFULLY WITH THE STEPS THAT, UH, IN LIGHT OF THE EMAIL THAT YOU GOT OR TEXTS YOU GOT FROM THE MAYOR TODAY, HOPEFULLY THAT WILL GO A LONG WAY TO RESOLVING, YOU KNOW, THE CONCERN IN YOUR ISSUES.
SO, UM, YEAH, UNLESS YOU HAVE ANYTHING ELSE THAT YOU WANT TO BRING TO OUR ATTENTION, THEN, UH, I THANK YOU.
AND, UH, UH, WE'LL, WE'LL LIKE SAY W UH, I MADE NOTES OF SOME OF THE THINGS THAT YOU WERE COMPLAINING ABOUT THINGS THAT YOU MIGHT WANT TO SEE ADDED TO FLESH IN THE, UH, HOME OCCUPATION DEFINITION.
WE'LL DEFINITELY ADDRESS THOSE WHEN WE GET TO THANK YOU.
JUST ONE OTHER PIECE OF BACKGROUND IS, AS I UNDERSTAND IT, THIS GENTLEMAN OPERATED A BRICKS AND MORTAR BUSINESS PREVIOUSLY, AND THEN HE CLOSED THAT BUSINESS.
AND BASICALLY MOVED HIS BUSINESS FROM, UM, WAS IT ON AN EXECUTIVE I THINK BOULEVARD AND THEN MOVED INTO HIS HOUSE AT SOME POINT.
UM, SO IT WAS A FULL FLEDGED BUSINESS AND NOW IT'S APPARENTLY A FORMALIZED BUSINESS THAT'S OPERATING OUT OF.
WAS THAT ORDINANCE ATONY REFERRED TO, IF YOU WANT TO TAKE THAT WITH YOU, THAT'S 1123 WENT BOND THREE.
YOU CAN FIND THEM ON THE CITY WEBSITE UNDER THE CODES.
IT'S PRETTY CLEAR AS FAR AS WHAT'S GOING ON WITH YOUR, UH, AREA THERE.
I DO WANT TO ECHO, UM, UH, WINSTROL SAID THAT HIS COUNCIL MEETING BIG COUNCIL MANADO AND MYSELF ARE THERE.
WE'D BE VERY RECEPTIVE TO HEARING YOU IN A COUNCIL MEETING AT THE VERY BEGINNING OF THE MEETING HAS STATED YOU CAN, UM, IT'S OPEN AND YOU CAN AIR YOUR GRIEVANCE RIGHT THERE.
AND ALL OF COUNSEL ON THE MIRROR WILL HEAR NO THAT YOU CAN REACH OUT TO CITY COUNCIL MEMBERS.
UM, I'M MORE THAN HAPPY TO ADDRESS, PLEASE DO.
YEAH, I APPRECIATE YOU COMING BECAUSE YOU'RE THE FIRST GUEST THAT WE'VE HAD
[01:10:01]
AND IT'S KIND OF NICE TO KNOW THAT SOMEBODY ACTUALLY CARES, SORRY.THINGS COULDN'T HAPPEN LAST MONTH.
THAT WAS THE PLAN MY ATTORNEY CALLED AND THEY TOLD THEM THAT WE HAD TO WAIT FOR THE 10 YEAR.
SHE CALLED HIM, HE CALLED HIM UP AND HE WAS SO GOOD AT THAT SAME THING THEY SAID TO THE NEXT SURVEILLANCE GUY.
MARTIN TRUTH IS TONY, CORRECT ME IF I'M WRONG, WE ADJUST ORDINANCES PRETTY REGULARLY AS NEEDED.
I MEAN, THAT'S PRETTY MUCH, COUNCIL'S VERY COMMON JOB.
AND USUALLY BECAUSE OF A PROBLEM SITUATION LIKE THIS, THAT, YOU KNOW, NECESSITATES THE CHANGE.
UH, BUT I REALLY WOULD ON THE PARKING ISSUE RIGHT NOW, EVEN WITH, WHILE WE'RE MAKING ATTEMPTS TO ADDRESS THE HOME OCCUPATION, PLEASE TRY TO REACH OUT TO THE NON-EMERGENCY POLICE NUMBER, GET BACK.
UM, IF YOU GET THAT RESPONSE FROM A, UH, A DISPATCHER OR SOMEBODY, UM, AND THEY'RE NOT WILLING TO GO OUT AND SEND SOMEBODY OUT, I WOULD APPRECIATE KNOWING WHO THAT INDIVIDUAL IS.
AND WHEN YOU MADE THE CONTACT AND I WILL SHARE THEM WITH THE POLICE CHIEF.
UH, WE'LL START, UH, WITH TITLE ONE, UM, CHAPTER 11 0 0 1.
UM, IT'S CALLED TITLE SCOPE AND JURISDICTION.
UM, AND I GUESS, UH, I HAD, I REALLY DIDN'T HAVE MUCH IN THE WAY OF THE CODE SECTIONS, UH, IN 1101.
OTHER THAN I HAD A QUESTION, UM, ON 11 0 3 0 1 A, UH, IT DEFINED IT'S DEFIANCE TO THE WORD PERSONS.
UM, AND, UM, I'M NOT SURE WHETHER OR NOT ALL OF THE VARIOUS, UM, ENTITIES, LEGAL ENTITIES ARE INCLUDED IN THAT SECTION.
FOR EXAMPLE, IT DOES NOT MENTION LIMITED LIABILITY COMPANIES.
IT SAYS COMPANY, BUT I DON'T KNOW IF, UM, UH, IF SO THAT, THAT WOULD JUST A QUESTION THAT I HAD, WHETHER OR NOT IT NEEDS TO BE, UH, MORE INCLUSIVE OF DOESN'T THE OHIO ITSELF HAVE A DEFINITION OF PERSON IN THERE.
BUT I KNOW THAT VARIOUS PLACES WITHIN OUR, OUR ORDINANCES, WE, THE, WE DEFINE PERSON AND I, LIKE I SAY, UM, SO I MEAN, I'M, UH, I JUST, I WANT TO MAKE SURE THAT IT IT'S THE, CAUSE IT TALKS ABOUT, LIKE, FOR EXAMPLE, THERE'S A THING CALLED A LIMITED LIABILITY PARTNERSHIP.
WE'LL TALK ABOUT PARTNERSHIPS.
SO I'M ASSUMING THAT THAT GENERAL PARTNERSHIP DEFINITION WOULD APPLY TO LIMITED LIABILITY PARTNERSHIPS, BUT I, I I'D LIKE TO HAVE JERRY JUST LOOK AT THAT, UH, DEFINITION OF A WORD PERSON TO MAKE SURE THAT WE'RE, UH, COVERED.
I THINK WE PROBABLY ARE, BUT I ASSUME THE SAME INCORPORATION CABARET LLC, OR I WOULD THINK SO.
BUT, UM, SO, UH, AND, UH, SO I DON'T THINK I HAD ANYTHING ELSE UNDER THE DEFINITIONS.
UH, OH, OTHER THAN I GOT SOMETHING IN 11 0 3 54.
IT'S THE WRONG KIND OF PRINCIPLE.
I GUESS THE ONLY GRAMMAR THING I FOUND IN SUB SECTION IS A C C YEAH.
I HAVE TO LOOK IT UP WHENEVER I SEE IT.
UH, THE OTHER ONE OTHER THING I DID HAVE ON SECTION, UH, THERE'S ANOTHER DEFINITION OF PERSON, UH, IN 1103 0.39.
SO WE HAVE 1103 0.018, A DEFINITION OF THE WORD PERSON.
AND THEN THERE'S ANOTHER DEFINITION OF PERSON IN 1103
[01:15:01]
0.39.UM, WHICH IS SLIGHTLY DIFFERENT.
SO I THINK WE WOULD PROBABLY HAVE JERRY TAKE A LOOK AT TO DETERMINE WHETHER OR NOT ARE THEY, ARE THEY INCONSISTENT? OKAY.
IN THE SAME SECTION, I DON'T KNOW WHAT THE PURPOSE OF HAVING TWO DIFFERENT DEFINITIONS.
UM, SO I DIDN'T HAVE ANYTHING ELSE IN, UH, ANYBODY HAVE ANY OTHER QUESTIONS OR ISSUES IN ALL 11? OH, UH, OH ONE.
MOVING ON TO, UM, 11, UH, I GUESS IT WOULD BE, OH THREE.
THAT'S THE ONE THAT'S THE ONE WE WERE DOING.
I WAS WONDERING HOW FAR AHEAD WE WERE GOING WITH THAT JUMPED A LITTLE QUICK.
UH, SO ANY, ANYTHING IN 1103, ANYBODY HAS OTHER, OTHER THAN WHAT WE'VE ALREADY TALKED ABOUT BRIEFLY.
THEN 1105 DEALS WITH PRELIMINARY PLATS.
UM, AND THIS MIGHT BE, HAVE TO DO WITH WHAT I CAN DO, BUT IT SAYS GIVING A NOTICE TO REGISTERED OR CERTIFIED MAIL TO THE HIGHWAY DIRECTOR.
ARE WE ALLOWED TO, IS IT ALLOWED TO BE ELECTRONIC NOW OR DOES IT HAVE TO BE THROUGH THE POST OFFICE? UM, BUT RIGHT NOW, MOST YOU'RE GOING TO SEE THAT IN A LOT OF THE SECTIONS OF THIS COUNTY.
THAT'S PROBABLY A DISCUSSION TO HAVE WITH THE PLANNING PEOPLE, AS FAR AS YOU KNOW, WHERE BEST PRACTICE IS MOVING, BUT, UM, MOST THINGS THAT REQUIRE A RETURN RECEIPT, UM, UH, ACKNOWLEDGEMENT, UM, CERTIFIED MAIL HAS BEEN THE PREFERRED METHOD OF DOING THAT, UM, PREFER, UH, CERTIFIED OR REGISTERED MAIL.
UM, SO WE HAVEN'T REALLY HAD THAT DISCUSSION IF, LIKE I SAID, I SENT THIS OUT TO THE PLANNING AND ZONING STAFF, UH, THREE OR FOUR TIMES.
WELL, THIS ONE AND THIS ONE, IT ALSO LOOKS LIKE THIS IS TO THE OHIO HIGHWAY DIRECTOR.
SO IT MIGHT NOT BE SOMETHING WE CAN IF HE ACCEPTS IT ELECTRONICALLY TO BEGIN WITH.
AND IT COULD BE THAT THAT REQUIREMENT COMES FROM THEM.
OF COURSE IT COULD BE CONVERSANTLY.
MAYBE THEY ONLY ACCEPT ELECTRONIC.
NOW THAT COULD BE THAT WAY TOO.
YOU WANT TO LOOK INTO THAT, TONY, JUST TO SEE IF THAT'S, UH, IF WE, IF IT'S, I GUESS THE QUESTION WOULD BE IS A PERMISSIBLE PERMISSIBLE THAT AD ELECTRONIC MAIL SERVICE.
I WOULD TEND TO THINK THAT WHEN THE WAY IT READS PROBABLY COMES FROM MARYANN THEN, SO WE'D HAVE TO SEE WHAT THEY'RE DOING NOW, WHAT OPTIONS THEY CURRENTLY OFFER.
UM, BUT I THINK YOU'LL SEE IT IN SOME OTHERS, LIKE WHEN WE GET NOTIFICATION OF A PUBLIC HEARING AND STUFF, UM, YOU KNOW, SOMETIMES THERE'S DIFFERENT REQUIREMENTS THAT REQUIRE CERTIFIED MAIL FOR CERTAIN TYPES OF ACTIONS AND STUFF.
UH, THEN MOVING ON TO CHAPTER 1107, WHICH DEALT WITH THE FINAL PLAT, UH, I DID NOT HAVE ANY QUESTIONS OR COMMENTS ABOUT ANYTHING AND, UH, 1107.
THE QUESTION I HAVE WITH THOSE IS AGAIN WITH ELECTRONIC FORMS IN 11 0 7 0 4 AND 11 0 7 10.
JUST TALKING ABOUT THE FORM IS 11 0 7 0 4 FORM.
CAN YOU HEAR IT? I THINK THE GIST OF IT, YOU TALK OUT LOUD.
I WANTED TO MAKE SURE HE'S HEARING YOU ON THE RECORDING SO THAT WE CAN GET IT FROM THE MEDS.
YOU MADE ME PARANOID THAT I HAVE MY MIC OFF.
NOW YOU JUST TALK KIND OF LOUD.
SO I'M HAVING A HARD TIME HEARING YOU.
SO I WANTED TO MAKE SURE IT WAS GETTING ON THE RECORDING.
I THINK THAT THEY WANT TO MAKE SURE THAT THE ELECT, THAT THE, THE, THE PLAT MAP IS PERMANENT IN NATURE.
AND I THINK THAT THERE'S STILL
[01:20:01]
SOME QUESTION ABOUT THINGS STORED, ELECTRONICALLY, HOW PERMANENT DOES, I MEAN, STUFF WRITTEN ON PAPERS, NOT PERMANENT EITHER.I, I, IT COULD, I THINK THAT'S PROBABLY WHERE THAT'S COMING FROM IS, IS A QUESTION ABOUT, YOU KNOW, SAVING THINGS IN THE CLOUD OR OFFER.
A LOT OF OUR PERMANENT RECORDS ARE STILL THINKING, LIKE, FOR INSTANCE, THE COUNCIL
STILL ANYTHING ELSE WITH 1107 AND THEN MOVING ON TO CHAPTER 1109 SUBDIVISION DESIGN STANDARDS.
UM, IN 1109 0.09 AND 1109 POINT 10, THERE WAS A REFERENCE TO THE AMERICAN ASSOCIATION OF STATE HIGHWAY AND TRANSPORTATION OFFICIALS.
UM, AND THAT THINGS NEED TO BE, UH, CONSISTENT WITH, IN ACCORDANCE WITH THE LATEST RECOMMENDATION OF THAT ORGANIZATION.
UM, SINCE THIS ORDINANCE WAS LAST PASSED IN 1983, I THINK WE PROBABLY OUGHT TO REQUEST SOME VERIFICATION THAT THAT ORGANIZATION STILL EXISTS.
IT LOOKS LIKE THEY STILL EXIST.
I WAS JUST GETTING READY TO LOOK AT THEM, BUT I DON'T KNOW IF THEY'RE THE STANDARD BEARER OR WHATEVER.
SO, YEAH, I THINK THAT MIGHT'VE BEEN ALL I HAD IN 1109.
ANYBODY ELSE HAVE ANYTHING THAT THEY WANT TO ADDRESS IN 1109? OKAY.
THEN CHAPTER 11, 11, WHICH IS THE PLAN.
RIGHT UNDER, UM, 1100, 9, 12 SPECIALTY TYPES.
I'M JUST TALKING ABOUT FROM AN EMBEDDED, NOT BEING PERMITTED SHALL NOT BE COMMITTED.
1,109 POINT 12 SPECIAL STREET TYPES.
IT MENTIONED, UH, SOME PERMANENT DEAD END STREETS NOT BEING PERMITTED TEMP.
TEMPORARY DEAD ENDS ONLY PERMITTED AS PART OF A CONTINUING STREET PLAN.
AND THEY ONLY ALLOWED CERTAIN ONES THAT WERE LISTED.
BUT, UH, UH, I WANT TO SAY THAT WE HAVE, DO WE NEED TO ADDRESS CERTAIN THINGS I CAN KNOW.
AND SOME OF THESE SUBDIVISIONS OF LATE THERE'VE BEEN LIKE STREETS THAT DON'T REALLY WELL.
THEY GO SOMEWHERE, BUT ONLY WITH A GATE ONCE THE GATES OPENED, WOULD THAT BE CONSIDERED A DEAD END STREET? ARE THOSE ALLOWED, DO WE NEED TO ADJUST THIS TO ACCOMMODATE FOR THOSE? WE HAD ONE, UH, I WANNA SAY A CARRIAGE TRAILS CONNECTOR COMING INTO, UM, THE GATES OR, OR ONE OF THOSE WHERE A SIMILAR SITUATION WE WERE RUNNING, IT KIND OF DEAD ENDING IT INTO WHERE ANOTHER STREET WAS COMING IN.
UM, DO WE NEED TO ADDRESS THAT IN HERE TO ALLOW THOSE SINCE TH THERE, THERE WAS LIKE FOUR OF THEM SPECIFICALLY LISTED? YEAH.
I DON'T KNOW THE ANSWER TO THAT, BUT I THINK IT'S A QUESTION WORTH ASKING.
AND THEN THE OTHER ONE, THE OTHER ONE I HAD WAS A AGAIN, ON, IN THAT SECTION IN LEBANON 9.15, THEY ADDRESS SIDEWALKS IN A SIMILAR MANNER REQUIRING BOTH SIDES OF THE STREET.
AND I WANT TO SAY THAT MAYBE WE HAD A, I THINK IT WAS THE, I DON'T KNOW, WHAT DID DEVELOPMENT ENDED UP BEING NAMED THAT A FISH BERGEN AND BELL FOUNTAIN.
I WANT TO SAY THAT IT WAS DESIGNED WITH ONLY SIDEWALKS ON THE INTERIOR PORT ON ONE SIDE OF THE STREET AND NOT BOTH.
CAUSE I KNOW THERE WERE SOME SIDEWALK DISCUSSION, A LOT OF BACK AND FORTH ON THAT.
AND I THINK AT ONE POINT THEY WERE TALKING ABOUT PUTTING SIDEWALKS ON ONE SIDE OF THE STREET, BUT THEY WEREN'T GOING TO BE ON THE OTHER SIDE.
BUT THEN, THEN AGAIN, I SEE THIS AND I SEE THIS REQUIREMENT AND THERE ARE SHALLOTS IN BOTH CASES.
SO, AND I DON'T KNOW, DON MIGHT BE MORE OF THE EXPERT IN THIS, BUT IT COULD BE SOMETIMES I THINK IF IT'S A PUD AND THEY'RE ABLE TO EXEMPT SOME OF THOSE REQUIREMENTS BEFORE PLANNING COMMISSION, THEN, UM, MOST OF THE
[01:25:01]
USUAL PROCESSES OF IT'S BEFORE PLANNING COMMISSION, UH, IT'S ALL PART OF THE APPROVAL PACKAGE.SO, UH, AS THE, UM, THE OAKS DEVELOPMENT THAT WE LOOKED AT WHEN IT CAME UP, THAT WAS BECAUSE IT WAS ALL PART OF A PLAN THAT WAS BEING PRESENTED.
SO AT THAT TIME PLANNING COMMISSION WOULD RECOMMEND OR NOT RECOMMEND THE SIDEWALKS ON ONE SIDE OF THE STREET ONLY.
UH, I KNOW THE LOT SIZES WERE BIGGER, BUT COLUMNAR FARMS WAS, UH, ANOTHER EXAMPLE WHERE, UH, THAT WAS WAIVED.
SO NOW SHOULD THERE BE SOME TYPE OF REFERENCE HERE TO PLANNING, ALLOWING THAT THIS SECTION, THIS SECTION DEALS WITH SUBDIVISION DESIGN OKAY.
WHICH IS SEPARATE AND A CO PLANNED UNIT DEVELOPMENT IS A SEPARATE ENTITY.
UH, SO THIS IS KIND OF A GENERIC THAT, UH, AND I THINK PROBABLY YOU'RE SEEING MORE, I'M GUESSING THAT MOST OF THE DEVELOPMENTS THAT ARE COMING BEFORE, UM, COUNCIL AND THE PLANNING COMMISSION PROBABLY NOW OUR PLAN UNIT DEVELOPMENTS, AS OPPOSED TO JUST A SUBDIVISION.
SO MY GUESS IS PROBABLY, YOU KNOW, THIS PROVISION DEALS WITH MORE OF THE, THE OLD HUBER HEIGHTS NEIGHBORHOODS, AS OPPOSED TO THE NEW THINGS THAT ARE BEING, UM, BUILT TODAY.
UH, BUT I THINK THE PLANE, YOU PLAN THAT UNIT DEVELOPMENTS, THIS, THIS CODE SECTION, AS I UNDERSTAND THE DEALS WITH THE GENERIC SUBDIVISIONS AND THE PLAN UNIT DEVELOPMENT, UM, COMMERCIAL, YOU KNOW, MIXED USE, WHATEVER THEY HAVE, THEY'RE MORE, UH, SPECIFIC AS MORE FLEXIBLE.
YOU HAVE MORE FLEXIBLE IN TERMS OF HOW THEY CAN PROPOSE.
THERE'S ANOTHER SECTION WITHIN THIS PARAGRAPH THAT DEALS WITH, UH, BUSINESSES, FOR EXAMPLE, REQUIRING BUSINESSES TO HAVE, UM, IT SHOULD BE, IT'S A SECTION B, UH, 11 AND 9 1 5 B PUBLIC SIDEWALKS REQUIRE FOR ALL COMMERCIAL LOTS.
AND, UM, UH, AS YOU CAN SEE FROM SOME OF THE DEVELOPMENT THAT FREQUENTLY GETS WAIVED FOR PLANNED.
WELL, I'D ALSO MENTIONED THAT A CERTAIN WIDTH ON THOSE FOR THE REQUIREMENT AS WELL.
FOR THE COLUMN, LOTS OF, YEAH.
THEY HAD TO BE A MINIMUM OR SOMETHING LIKE THAT.
SO MOST OF, MOST OF THESE PROVISIONS THAT WE'RE LOOKING AT RIGHT NOW OR WERE ACTUALLY PASSED IN 1983 BACK WHEN HUBER WAS JUST BUILDING REGULAR SUBDIVISION PLATS, UM, PLANNED UNIT DEVELOPMENT DIDN'T EVEN, YOU KNOW, DIDN'T EVEN EXIST LEGALLY BACK THEN.
UM, SO, UM, AND YOU'LL, YOU'LL SEE THAT WHEN WE GET TO THE PLAIN UNIT DEVELOPMENT SECTIONS OF THE CODE, THAT THE DATES OF PASSAGE OF THOSE ORDINANCES WERE A LOT MORE RECENT.
SO I THINK THAT'S PROBABLY THE DISTINCTION THAT, UM, BUT I THINK IT BEARS ASKING THE QUESTION AT LEAST TO GET CLARIFICATION FOR YOU GUYS SO THAT YOU UNDERSTAND WHY THERE MIGHT BE DIFFERENCES BETWEEN TYPES OF SUBDIVISIONS OR DEVELOPMENTS, UH, MAKING SURE THAT THAT IS CORRECT.
UH, YEAH, THE NEXT NEXT SECTION DEALS WITH CHAPTER A CHAPTER 11, 11 DEALS WITH PLANNED DEVELOPMENT REQUIREMENTS.
NOW WE'RE IN KIND OF GETTING INTO SOME OF THE MORE, UM, DIFFERENT TYPES OF, OF DEVELOPMENTS, UM, THAT EXIST.
UM, AND I DIDN'T HAVE ANYTHING IN THE GENERIC PLAN DEVELOPMENT REQUIREMENTS, SECTIONS OF 11, 11, 11, UNLESS ANYBODY HAD ANYTHING, UH, CHAPTER 11, 13 FLOOD HAZARD AREAS.
UM, UH, THERE, I BELIEVE IS ONE, AT LEAST ONE TYPE OF GRAPHICAL ERROR THAT I FOUND, UM, IN 11 13 0 5 F IT SAYS WHEN THE SUB DIVIDER DOES NOT INTENDED TO DEVELOP A PLAN HIMSELF AGAIN.
UH, DID WE WANT TO MAKE THAT GENDER NEUTRAL IN SOME FASHION, THE WORD MISS OUT HIMSELF FROM, UM, OR JUST SAY WHEN THE SUBJECT THAT THE PLAT BY THE SUB DIVIDER, OR YOU JUST TAKE OUT THE WORD HIMSELF, RIGHT.
SO JUST STRIKE THE WORD HIMSELF.
ANYBODY ELSE HAVE ANY QUESTIONS OR COMMENTS ON 11, 13, 10?
[01:30:01]
OKAY.CHAPTER 11, 15 IMPROVEMENTS, CONSTRUCTION REQUIREMENTS.
THIS BASICALLY JUST SETS FORTH THE PROVISIONS AND THE REQUIREMENTS OF ANY CONSTRUCTION.
UM, UH, I DON'T THINK WE'LL SEE THAT A LOT OF THIS PART HAS TO DO WITH THE STREET STANDARDS AS FAR AS LIKE A BASE, UM, AND THINGS LIKE THAT.
CURBS AND GUTTERS SIDEWALK MORE ABOUT HOW THE, YOU KNOW, THE MATERIALS THE INSTRUCTOR DECIDES TO HOUSE NUMBERS.
IS THAT AWESOME? IS THAT HUBER HEIGHTS OR THE POST OFFICE SIDE HOUSE NUMBERS? I DON'T KNOW.
I WAS JUST WONDERING BECAUSE HERE ON TAYLOR'S OR WHERE I LIVE, THE NUMBERS ARE SLIGHTLY OUT OF ORDER TAYLORSVILLE.
THERE'S A LOT OF NUMBERS OUT OF ORDER.
LIKE THE CITY HALL IS OUT OF ORDER THE REST OF THE STREET.
THERE'S A, I THINK THEY EVENTUALLY PUT UP A SIGN TWO BLOCKS DOWN THAT SAYS THAT, YOU KNOW, THESE NUMBERS RESTART AT A LATER POINT.
I DON'T KNOW HOW THAT EVER HAPPENED, BUT THERE, THAT ISSUE EXISTS RIGHT HERE.
UM, I THINK WHEN YOU DO SOME OF THE GPS THINGS THAT GIVES YOU MIXED MESSAGES ABOUT WHERE TO GO ON TAYLORSVILLE.
UM, BUT YEAH, I MEAN, I DO KNOW THAT, UH, YOU KNOW, WITH THE POSTAL SERVICE STUFF THAT, UH, ANY NEW SUBDIVISION NOW REQUIRES THAT YOU HAVE THE, UH, THE BOXES IN A CONGREGATED AREA, YOU CAN'T HAVE MAILBOXES THAT INDIVIDUAL HOUSES ANYMORE, AND THERE'S POSTAL REGULATION.
SO THERE, THEY'RE NOT GOING TO SERVE AS DOOR TO DOOR ANYMORE.
YOU HAVE 10 MAILBOXES IN A COLLECTION, AND EVERYBODY GOES TO THAT LITTLE PORTAL AND DIXON, THEIR MAIL THAT'S BUILT WAVE OF THE FUTURE.
AND YOU HAVE COVERS JUST KIND OF DELIVER YOUR GROCERIES BY DRONE, RIGHT AT YOUR FRONT DOOR.
THEY'RE GOING TO DROP THEM 10 FEET TO THE GROUND.
I WANT TO SEE HOW MANY EGGS GET DELIVERED THAT WAY.
UM, 1107 OR 1117 0.04 IS THE FEE STRUCTURE.
SO I'M ASSUMING THAT THOSE FEES, I MEAN, IT WAS 10 YEARS AGO.
UM, BUT I DON'T KNOW IF, UH, UH, PLANNING COMMISSION WOULD WANT TO TAKE A LOOK AT THE FEE STRUCTURE TO SEE IF THOSE, I THINK WE SHOULD LOOK AT THAT AGAIN.
UM, I THINK WHY WAS UPDATED IN 2005 AND IT WAS LOOKING AT THE ORDINANCE NUMBER.
I THINK THAT WAS ONE OF THE ONES THAT CAME OUT OF THEIR ORDINANCE OR DUE TO DIMENSIONALIZE TIME.
SO IT PROBABLY HASN'T BEEN CHANGED SINCE THEN.
I WAS LOOKING AT, UH, 11, 17 99.
UH, IT REFERS TO A HIGHER CODE.
I'LL TRY TO LOOK UP THAT OHIO CODE.
IT LOOKS LIKE IT WAS AWAIT WHEN NUMBER ONE SYSTEM NUMBER B 11, 17 99 B, IT LOOKS LIKE THAT OHIO CODE 7, 11, 12 WAS REPEALED BACK IN 2014.
SO HOW THAT AFFECTS THAT THAT'S OKAY.
PROBABLY HAVE JERRY LOOK INTO THAT TO SEE HER, I GUESS, AS THE COUNTY RECORDERS ASSOCIATION GOT TOGETHER AND SAID, WE DON'T WANT TO BE HELD ACCOUNTABLE.
THEN MOVING ON TO TITLE THREE ZONING ADMINISTRATION, PURPOSE AND INTERPRETATION.
UM, AGAIN, THE FEE STRUCTURE IN 1120 1.02, PROBABLY IT SHOULD BE LOOKED AT TO SEE IF THOSE FEES ARE STILL SUFFICIENT OR IF THEY NEED TO BE UPDATED, UM, UH, 1120 1.04.
UM, IN THE FIRST SENTENCE IT SAYS THE STANDARDS PRESCRIBED HEARING SHALL BE TO THE MINIMUM REQUIREMENTS.
I THINK THE WORD B SHOULD BE HELD TO BE, BE HELD TO BE THE MINIMUM REQUIREMENTS.
I THINK THEY LEFT OUT THE WORD AND B
[01:35:01]
I DON'T KNOW THAT THAT SORT OF READS RIGHT.BE, DO YOU THINK THAT OTHER STANDARDS SHALL BE HELD TO THE MINIMUM HELL TO THE MINIMUM REQUIREMENTS? YEAH.
WHAT MINIMUM REQUIREMENTS THEN? THAT'S A GOOD QUESTION.
I MEAN, I'M JUST SAYING, UM, I READ THAT THAT THE MINIMUM REQUIREMENTS ARE WHAT'S IN THIS SECTION.
WELL, IT'S UNDER INTERPRETATION.
SO I TAKE IT TO BE THAT THE STANDARDS, UH, THROUGHOUT OUR, UH, WHEN, WHEN YOU'RE INTERPRETING IT, IT'S ALWAYS BY THE MINIMUM REQUIRED.
IT SHALL BE, SHALL BE HELD TO THESE REQUIREMENTS FOR THE STANDARDS PRESCRIBED IN THIS SECTION SHALL BE HELD TO BE THE MINIMUM REQUIREMENTS, BECAUSE THE NEXT SECTION SAYS WHEN SUCH STANDARDS ARE GREATER THAN THOSE CONTAINED IN ANY OTHER EXISTING PROVISIONS OF LAW, THE STANDARDS OF THE ZONING ORDINANCE SHALL APPLY.
BUT GRAMMATICALLY I DON'T THINK IT'S CORRECT BECAUSE THE WAY IT READS THE STANDARDS PRESCRIBED HERE IN SHALL BE TO THE SHALL BE HELD TO THE MINIMUM REQUIREMENTS.
WELL, HOW ABOUT THE REST OF YOU? UH, I, YEAH, I UNDERSTAND.
I THINK WHERE YOU'RE AT, I GUESS THE ONLY THING IS WHAT ARE THE MINIMUM REQUIREMENTS OR THEY'RE REFERRING TO AS TO THE MINIMUM REQUIREMENTS OF THE ZONING ORDINANCE? I WOULD ASSUME.
I MEAN, IF YOU'RE GOING TO SAY THE STANDARD PRESCRIBED STANDARDS FOR PRIVATE HEARING SHALL BE THE MINIMUM REQUIREMENTS PERIOD.
GET RID OF HELD TO THAT SECOND SENTENCE.
JUST CLARIFY THAT BY SAYING THE STANDARDS OF THIS ZONING ORDINANCE SHALL BE YEAH.
WHICHEVER MORE RESTRICTIVE IS THE ONE THAT, THAT, UM, YEAH.
I MEAN, IT'S TRUE THAT IT IS REFERRING TO THE ZONING ORDINANCE AND ORDINANCE IS THE COMPREHENSIVE COMPILATION OF ALL THESE SECTIONS.
UM, BECAUSE A LOT OF 2101 IS THE PURPOSE WHERE IT STATES THAT THIS IS ONLY ORDINANCES ENACTED FOR THE PURPOSE OF BLAH, BLAH, BLAH.
AND THEN THE INTERPRETATION IS THAT THE STANDARDS PRESCRIBED HERE IN THE ZONING ORDINANCE SHALL BE HELD TO THE MINIMUM MINIMUM REQUIREMENTS.
UM, I DON'T KNOW THAT IT REALLY NEEDS TO BE CHANGED, BUT THAT HAPPENED A LONG TIME AGO.
I'M ASSUMING THAT THE BOARD OF ELECTIONS HAS CERTIFIED THE ZONING ORDINANCE.
WELL, IF YOU LOOK AT THE DATE OF THE ORDINANCE AND THE CASE, I MEAN, IT WAS AN 81, WHICH WAS THE FOUNDING OF THE CITY, RIGHT? SO THIS WAS, UH, PROBABLY HOW ZONING ORDINANCE INITIALLY BECAME A FACTOR.
SO I'M NOT SURE IF WE STILL NEED THAT PROVISION IN THE, YOU KNOW, OR SHOULD IT SAY, YOU KNOW, IT BECAME EFFECTIVE ON SUCH AND SUCH A DATE? WELL, THIS ISN'T UNUSUAL IN WHAT YOU'D SEE IN LIKE THE HISTORICAL NATURE, EVEN THE CHARTER, IF YOU'RE A MEMBER, UH, HAVE SOME SECTIONS THAT DEAL WITH HOW THE CHARTER WAS IMPLEMENTED INITIALLY WHEN IT WAS FIRST ADOPTED AND THAT TRANSITION PERIOD.
AND I THINK THIS IS SIMILAR THERE AND IT'S LEFT FOR HISTORICAL REFERENCE TO, UM, THE OTHER, I GUESS THE OTHER QUESTION THAT CAME TO MIND WHEN I SAW THIS IS THAT IF THE ZONING ORDINANCE IS AMENDED, DOES IT HAVE TO BE CERTIFIED BY THE BOARD OF ELECTIONS? OR I DON'T KNOW, LIKE, CAUSE IT REFERS TO A HIGHER VICE CODE CHAPTER SEVEN, 13, AND BACK IN 81 THAT MIGHT'VE BEEN HOW ZONING ORDINANCES WERE, YOU KNOW, THEY HAD TO BE CERTIFIED BY THE BOARD OF ELECTIONS.
AND IF THE ZONING ORDINANCE, WHICH IS THIS WHOLE SECTION IS ACTUALLY AMENDED,
[01:40:01]
DOES IT HAVE, AGAIN, I DON'T KNOW IF THEY WERE SAYING, IS THERE A PROVISION? I DIDN'T, I DON'T REMEMBER IF THERE WAS A PROVISION HERE TALKS ABOUT HOW OLD WAS OVER ZONING ORDINANCE, CAPITAL, Z, CAPITAL OAK IT'S AMENDED, WHETHER OR NOT IT HAS TO BE APPROVED BY, IS THIS IN REFERENCE JUST TO HISTORICAL REFERENCE BASICALLY, UH, TO THE, UM, THE FORMAL, UM, ACTION OF THE CITY BECOMING A CITY AND THAT THEREFORE IT'S THERE.AND THAT'S JUST SAYING THAT THE ZONING REGULATIONS THAT WERE LAID OUT IF APPROVED THROUGH THE CREATION, THE CREATION OF THE CITY.
SO I'M THINKING WITHOUT LOOKING UP THE SPECIFIC REVISE SECTION.
I MEAN, BASED ON THE DATE THAT THAT WOULD KIND OF MAKE SENSE SENSE.
I'D LIKE TO SAY, YOU KNOW, ONE OF THE THINGS WE'RE TASKED WITH IS WHETHER OR NOT, IF THERE WERE ANY ORDINANCES THAT ARE UNNECESSARY AND OUTDATED, SHOULD THEY BE REMOVED? AND THAT WAS MY QUESTION IS THAT WHEN THEN BY NATURE OF THE FACT THAT WE'VE BEEN AROUND NOW FOR, YOU KNOW, 37, 47 YEARS, UM, I THINK TYPICALLY THOUGH, LIKE MOST OF THE CODES AND STUFF I'VE SEEN IN OTHER DOCUMENTS OF THIS NATURE, YOU KNOW, TYPICALLY AT LEAST THAT A FORMATIVE ACTION THAT ESTABLISHED THE ZONING ORDINANCE IS USUALLY LEFT IN THERE FOR AN HISTORICAL REFERENCE.
I'M NOT,
AND I DON'T THINK WE WANT TO SPEND A LOT OF TIME NOW THIS TONIGHT, BUT IF IT'S SOMETHING THAT, UH, THE GROUP FEELS THAT, UM, YOU KNOW, BEARS FURTHER INVESTIGATION, THEN, I MEAN, I THINK WITH A LOT OF THESE THINGS IN THE INTEREST OF TIME, WE'RE GOING TO HAVE TO JUST FLAG THEM AND GET MORE INFORMATION VERSUS, YOU KNOW, DEBATING WHAT WE DON'T KNOW.
I MEAN, WE DON'T HAVE ALL THE INFORMATION, SO IT'S HARD TO SAY ONE WAY OR ANOTHER WHAT'S PROPER.
UM, SO IF WE THINK IT BEARS FURTHER INVESTIGATION, LET'S PUT IT ON THE LIST AND I'LL COME BACK WITH SOME ADDITIONAL INFORMATION.
AND, UH, 1120 3.25 CAR PORT, UM, IT'S IT SAYS THAT, UH, THE THIRD SENTENCE, THE SHELTER SHALL BE ATTACHED TO THE DWELLING OR ACCESSORY STRUCTURE.
UM, WELL, I WILL KNOW THAT WE'VE HAD A LOT OF DISCUSSIONS BEFORE COUNCIL ABOUT CARPORTS.
AND, UH, IF YOU LOOK AT THE REFERENCES, THIS HAS BEEN UPDATED IN 16 AND 19.
UM, AND I REMEMBER THE 19 1, 2 BEING DISCUSSED, AND THESE WERE RECOMMENDATIONS OF STAFF TO CLARIFY THIS SECTION.
SO I WOULD ARGUE THAT, YOU KNOW, THIS HAS BEEN RECENTLY BAD.
I THINK THAT'S WHAT CREATED THE, THE END OF THAT WITH THE CLOTH TYPE THING, YOU KNOW, TO STOP THE TEMPORARY CARPORT, YOU KNOW, KIND OF, AND MY QUESTION WAS IT, IT SAYS TO THE DWELLING OR ACCESSORY STRUCTURE, WHAT WAS NOT INCLUDED WAS ACCESSORY AIRY BUILDING.
I THINK THERE'S ANOTHER PART THAT HAS DEFINITION OF ACCESSORY BUILDINGS.
SO YOU COULD HAVE LIKE A GARAGE THAT'S NOT ATTACHED TO YOUR YEAH.
THERE'S TWO DEFINITIONS, ACCESSORY BUILDING AND ACCESSORY USE OR STRUCTURE.
THERE'S TWO SEPARATE 11 23 0 1 AND 11 23 0 2.
AND I, I'M JUST CURIOUS, LIKE I SAID, UH, TONY, YOU AND DON AND GLENN, WHETHER OR NOT IT WAS, IF IT WAS INTENTIONAL TO NOT INCLUDE ACCESSORY BUILDINGS.
AND SO YOU DON'T HAVE CARPORTS ATTACHED TO ACCESSORY BUILDINGS AS OPPOSED TO JUST AN ACCESSORY STRUCTURE.
AND THEN, I MEAN, THERE MAY VERY WELL BE A RIGHT REASON FOR THAT.
IF THAT'S THE CASE THEY EXIST, LET'S SAY BOTH OF THE UPDATES ON THOSE TWO COINCIDE WITH THE SAME TIMEFRAME, THE OTHER ONE AS WELL.
THEY'RE BOTH, THEY WERE ALL PASSED ABOUT THE SAME TIME OR UPDATED, SAME TIME.
THAT WAS JUST A QUESTION I HAD AGAIN, THAT'S ONE OF THOSE THINGS WHERE I'M NOT WELL I'M TO DON'S POINT.
[01:45:01]
I THINK THE CHANGE IN 2019 WAS THE TYPE OF MATERIALS THAT COULD NOT BE USED AS CLADDING, RIGHT.IN THAT TERMS OF REFERENCE WOULD BE A 19.
AND THEN THE NEXT SECTION, UM, WOULD BE THAT I, I SAW WAS THE ONE THAT WAS BROUGHT UP TONIGHT ABOUT HOME OCCUPATION.
AND, UM, FROM THE COMPLAINT THAT WAS RAISED AT THE MEETING THIS EVENING, I THINK PROBABLY THIS IS THE SECTION THAT PROBABLY DOES NEED SOME CLARIFICATION AND INVESTIGATION.
UM, YEAH, I JUST, FROM MY INVOLVEMENT IN THIS SITUATION, UH, TODAY, UM, AND DISCUSSING WITH THE DIFFERENT STAFF PEOPLE ABOUT, YOU KNOW, HOW WE ENFORCE THIS, UM, I THINK THERE'S, UM, THERE'S KIND OF SOME SUBJECTIVE STATEMENTS OR CONDITIONS UNDER HERE.
AND A LOT OF THEM ARE HARD TO MEASURE IN TERMS OF, UM, YOU KNOW, HOW YOU CITE SOMEBODY UNDER THAT SECTION OR DETERMINED THAT THEY'RE DOING AN INAPPROPRIATE HOME OCCUPATION.
UM, WHEN IT'S A LOT OF THE SECTIONS SUBSECTIONS TO THAT ARE SO VAGUELY WORDED.
SO THERE MIGHT BE SOME OTHER ELEMENTS THAT NEED TO BE ADDED TO MY ONLY QUESTION THOUGH, IS IT SEEMED LIKE THERE WAS, I MEAN, I HAVEN'T SEEN IT MYSELF, BUT IT SEEMED LIKE THERE WAS VISIBLE EVIDENCE.
SO HOW WOULD THAT NOT VIOLATE MOST TO THE CORE, BUT HOW WOULD THAT APPLY? LIKE SEE IF THERE'S, YOU CAN GO INTO YOU AND LOOK AND SEE THAT.
YEAH, THERE'S A WHOLE MODIFICATION.
I KNOW WHEN I TALKED WITH JERRY ABOUT IT, UM, HE SAID, GOOD LUCK.
YOU KNOW, LIKE THIS, WITH THE CODE, AS IT EXISTS, LIKE THE SHOT SOMEONE'S BUSINESS DOWN, AND THEN HAVE THEM CHALLENGE IT, THAT HE DIDN'T THINK THIS HAD A LOT OF TEETH TO IT, I GUESS, UH, YOU KNOW, EVEN WITH THE, UM, THE TRAFFIC PART, NO TRAFFIC SHALL BE GENERATED BY THE HOME OCCUPATION IN GREATER VOLUME THAN WOULD NORMALLY BE EXPECTED.
WELL, WHAT'S NORMALLY EXPECTED IN A RESIDENTIAL NEIGHBORHOOD, YOU KNOW, IT'S NOT DEFINED.
AND THE OTHER THING TOO IS, YOU KNOW, LIKE THE USE OF DWELLING UNIT FOR THE HOME OCCUPATION SHALL BE CLEARLY INCIDENTAL AND SUBORDINATE TO IT'S USED FOR RESIDENTIAL PURPOSES BY ITS OCCUPANTS.
NO, IN THIS PARTICULAR CASE HERE, I WAS THINKING THROUGH THAT, CLEARLY THE GUY LIVES IN HIS HOME, THE PRIMARY USE OF IT IS HIS HOME.
HE'S RUNNING HIS BUSINESS OUT OF HIS GARAGE, WHETHER OR NOT THAT'S 25% OF THE FLOOR PLAN OR NOT.
I THINK THE INTENTION OF THE SECTION WAS CLEAR THAT YOU DON'T WANT BUSINESSES OPERATING IN A RESIDENTIAL NEIGHBORHOOD, BUT IT'S JUST NOT VERY CLEAR AS TO WHAT STEPS CAN BE TAKEN AND WHAT TO FIND THAT JOE WAS, UH, ALLUDED TO THAT.
I THINK WHEN YOU WERE ASKING HIM ABOUT, UH, UH, FOR EXAMPLE, JUST THE NUMBER OF CARS AND THINGS LIKE THAT, IT'S CLEARLY A BUSINESS OPERATING IN A RESIDENCE, BUT THAT'D BE INTERESTING.
THAT IS, DOES HE HAVE, CAUSE IT SAYS YOU CAN'T HAVE ANY EMPLOYEES.
IT CAN ONLY BE THE PEOPLE THAT LIVE THERE OPERATING.
AND IT GETS DOWN TO, HE SAID, SHE SAID, BECAUSE HE CAN SAY I HAVE NO EMPLOYEES WHILE THERE MIGHT BE EMPLOYEES, BUT YOU KNOW, PROBABLY HAVE TO GET SOMEBODY THAT HE HAS AN EMPLOYEE TO AGREE TO ADMIT THAT HE'S WORKING THERE.
I MEAN, I THINK THIS WAS SET UP FOR SOMEBODY WHO'S MAYBE, UH, YOU KNOW, BAKING PIES FOR DISTRIBUTION OR THE HOLIDAYS AND SETTLING THEM OR SOMETHING LIKE THAT.
IT'S NOT FOR A FULL SCALE TENDING BUSINESS THAT HAD EXISTED PREVIOUSLY ON, UH, EXECUTIVE.
ALL OF OUR DINNER WILL BE RELOCATED INTO A HOME AND SAME LEVEL OF ACTIVITY.
WHAT ABOUT SOMETHING ABOUT PEOPLE LEAVING THEIR CARS? CAUSE ALMOST LIKE LEAVING A CAR FOR, FOR, I DON'T KNOW THAT MANY BUSINESSES ARE HOME-BASED BUSINESSES.
IF I'M MAKING PIES, I DON'T LEAVE MY CAR THERE FOR THE, FOR SOMEBODY I DON'T KNOW, TO LOAD MY CAR WITH PIES OR SOMETHING.
I, I STAY, YOU KNOW, I GO, I PICK UP MY PI, I LEAVE WITH MY CAR THE LONGEST HE'LL BE THERE FOR BAKING LIKE A TEST OR SOMETHING AS THEY MIGHT BE.
BUT THEN THAT'S JUST GOING TO BE ONE PERSON AT A TIME YOU'RE NOT GOING TO HAVE EVEN CLEARLY IN THIS CASE, IF I WERE THE FACT THAT I DROVE MY CAR OVER THERE AND PULLED IT IN HIS DRIVEWAY OR GARAGE AND SOMEONE PICKS ME UP AND WE DRIVE AWAY, I DON'T THINK THESE NEIGHBORS WOULD BE STANDING HERE BEFORE US.
THE PROBLEM IS THAT HE HAS THREE, FOUR OR FIVE CARS AT A TIME.
I'VE ACTUALLY SEEN THE PICTURES.
[01:50:01]
AND IT'S, UM, IT'S A CUL-DE-SAC UM, THE CARS ARE PARKED ALL ALONG THE CUL-DE-SAC FACING IN SOMETIMES.SO I MEAN, IT'S CLEARLY A BUSINESS OPERATING OUT OF THE HOME, BUT DOES THIS SECTION 11 23 53, DOES IT HAVE ENOUGH TEETH? AND IS IT SOMETHING THAT, AS TONY SAID, MAYBE WE SHOULD FLAG THIS AND TAKE A LOOK AT CLARIFYING THIS LANGUAGE.
I THINK IT'S TO KEEP LIKE THE OBVIOUS BUSINESSES FROM OPERATING.
I MEAN, IT SPEAKS TO THAT SPECIFICALLY, UM, BEING, UH, UM, INCIDENTAL AND USE AND IT BEING NO EVIDENCE OF, I MEAN, THAT'S YOUR AVON PEOPLE MAYBE, OR FOR, UH, YOU KNOW, SOMETHING ALONG THOSE LINES SINCE, YOU KNOW, THERE'S A LOT OF WE'LL CALL THEM MLMS AND STUFF, BUT YOU COULD, OR YOU COULD EVEN BE MAKING THOSE PIES AND TAKING THEM UP TO THE FARMER'S MARKET OR WHATEVER, BUT, BUT IT'S NOT REALLY MEANT TO HAVE CUSTOMER TRAFFIC IN AND OUT.
OR PARKING AREAS SPECIFICALLY.
I MEAN, THAT'D BE, I OPEN IT UP A GARAGE AT MY HOUSE, YOU KNOW, AND HAVING LIKE SIX VEHICLES ON THE STREET THAT I'M CURRENTLY WORKING ON.
SO DO WE WANT TO REFER THIS TO, UH, UH, CITY
UM, YOU KNOW, UH, SO IT DEFINITELY NEEDS TO BE SOMETHING THAT NEEDS TO BE EVALUATED.
THE ONE CONCERN I HAD IS, CAUSE AT FIRST I THOUGHT, WELL, WHY DON'T WE, YOU KNOW, LIKE, YOU KNOW, WE DO WITH, UH, UH, GARAGE SALES, YOU KNOW, WE REQUIRE THE PEOPLE TO GET A PERMIT FROM THE CITY TO OPERATE IT AND DO A GARAGE SALE.
UM, YOU KNOW, WHY DON'T WE GET REQUIRED THEM TO GET A, YOU KNOW, LIKE A BUSINESS OPERATORS LICENSE, BUT THEN THAT IN SOME RESPECTS, I THINK ACKNOWLEDGED THE FACT THAT THEY ARE DOING A BUSINESS AND WE'RE ALLOWING IT.
UM, SO I DON'T THINK THAT WOULD REALLY BE A GOOD IDEA OF, YOU KNOW, BUT YOU KNOW, HOURS OF OPERA, YOU KNOW, EVEN HOURS OF OPERATION, LIKE IF YOU DID SOME STRICT LIKE THIS, HOW WOULD THAT AFFECT THE PAST YEAR WHERE EVERYBODY WAS WORKING AT BLOCK PEOPLE WORKING AT HOME, WE ALL, EVERYBODY HAVE TO GET A PERMIT TO HAVE A HOME OCCUPATION BECAUSE IT DOESN'T SAY SELF-EMPLOYMENT, IT SAYS OCCUPATION.
AND TO THAT, THERE ARE MANY BUSINESSES WITHIN HUBER HEIGHTS THAT ARE REGISTERED AS AT HOME ADDRESSES.
UM, AND THE REASON I KNOW THAT, UH, LIKE A FRIEND OF MINE HAS A BUSINESS THAT, UM, HE FALLS IS HIS BUSINESS INCOME TAXES.
THAT'S WHERE HE DOES HIS BUSINESS.
UM, BUT IT'S, IT DOESN'T IMPACT THE NEIGHBORHOOD.
IT'S A, HOME-BASED TRUE HOME-BASED BUSINESS.
AND THAT EVEN GOES OUT TO PEOPLE WHO HAVE INTERNET BASED BUSINESSES THAT ARE OPERATING OUT OF THEIR HOMES.
SO I THINK THE DIFFERENCE HERE, IF WE CAN, IF WE CAN TRY TO GET A, A GRIP ON IT IS THE FACT THAT IT'S INTRUSIVE TO THE NEIGHBORHOOD, GOT STUFF GOING ON.
AND A LOT OF TRAFFIC THAT'S INCONSISTENT WITH A RESIDENTIAL NEIGHBORHOOD GROUP.
LOOKED AT THE MAP OF WHERE THIS PROPERTY'S LOCATED.
THERE'S A CHURCH IT'S BEHIND THE FIRE STATION AND THE BRENT VISTA SUBDIVISION.
SO I MEAN, THAT'S THERE, THEY'RE LARGE HOUSE, LOTS AND THERE'S ROOM THERE AND A CHURCH PARKING LOT IS, YOU KNOW, TO THE IT ABUTS IT.
WELL, I THINK THERE, TO THAT POINT, THERE'S BEEN SPECULATION THAT HE'S ALSO PARKED CARS OVER THERE, UH, IN THE CHURCH LOT THAT ARE ALSO PART OF THIS BUSINESS ARRANGEMENT ALSO.
I MEAN, I THINK THERE'S A RECOGNITION BY CITY STAFF THAT SOMETHING NEEDS TO BE ADDRESSED.
UH, OUR POSITION WAS HOPING THAT THE INDIVIDUALS THAT WERE HERE TONIGHT WOULD HAVE BEEN A LITTLE MORE COOPERATIVE AND WORKING TO NOTIFY US, OF NOTIFY THE POLICE SPECIFICALLY OF THE PARKING VIOLATIONS WITH THE HOPE THAT EVERY ONE OF HIS CUSTOMERS THAT COMES OVER THERE IS IF THEY ARE IMPROPERLY PARKED AND THEY GET A TICKET, UH, THAT'S GOING TO DRY UP AS BUSINESS REAL QUICK.
IF PEOPLE ARE GETTING A A HUNDRED DOLLARS FINE OR WHATEVER, EVERY TIME THEY GO OVER THERE.
SO, UM, BUT WE HAVE NOT HAD THE COOPERATION FROM THEM ON THAT PART OF IT.
I MEAN, I'VE SAID THAT LIKE 50 TIMES, UM, SO HE HAD EXPRESSED THAT, UM, IT'S STILL A POINT OF HARASSMENT FOR HIM EVERY TIME.
UH, IF, IF THE POLICE SHOW UP OR ZONING SHOWS UP, THEN I GUESS THE NEIGHBORS COMING TO HIM
[01:55:01]
DIRECTLY BECAUSE I FEEL LIKE IT'S ONLY THEM COMPLAINING.SO MY SUGGESTION WHEN THIS FIRST CAME UP WAS THAT WE JUST USE THE, THE LAWS THAT ARE ON THE BOOKS AND WE ENFORCE THOSE PARKING.
UM, IF THERE IS NOISE OR TRAFFIC OR WHAT HAVE YOU, WHERE WE USE WHAT WE HAVE AND ENFORCE THAT DOESN'T SEEM TO BE FOREFRONT.
I MEAN, WE, THE POLICE CAN'T GET OVER THERE.
THEY CAN'T BE THERE DAY IN AND DAY OUT AND THEY NEED TO HAVE A QUICK NOTIFICATION TO BE ABLE TO GET OUT OF THERE, TO ADDRESS THE ISSUE.
AND EMAIL IS NOT TO ALL OF US.
IT'S NOT GOING TO GET THAT SPEEDING RESPONSE FROM THE POLICE.
THE POLICE CHIEF HAS SAID THEY CALLED THE NON-EMERGENCY NUMBER.
THEY WILL PRIORITIZE IT TO GET OVER THERE AND INTEREST AT THE PARK, BUT THAT'S NOT THE OPTION THAT I REALLY WANT TO GO WITH.
SO THAT'S A LITTLE PROBLEMATIC WITH SOME OF THIS.
UM, SO YEAH, I DEFINITELY THINK IT NEEDS TO BE ADDRESSED.
UM, THE ROCKIES HAVE ALSO ALLEGED THAT THE CITY HAS SENDING VEHICLES, CITY VEHICLES, INCLUDING POLICE VEHICLES TO THE OCCUPATION AND HAVING WORKED ON THERE, WHICH I DON'T BELIEVE TO BE TRUE, BUT THAT'S AWESOME.
DO YOU KNOW OFFHAND, IF THIS IS ONE, IT'S ONE OF THE HOUSES IN THE CUL-DE-SAC ITSELF, THOSE HAVE SOME LONG DRIVEWAYS TO BE STACKING CARS OUT IN THE CALL TO SAY, YOU'D REALLY HAVE TO TAKE UP A LOT OF SPACE FIRST.
WELL, I THINK IT MIGHT BE THAT THE BUSINESS OPERATOR, YOU KNOW, HE, HE NEEDS TO MOVE THE VEHICLES IN AND OUT OF HIS DRIVEWAY.
SO HE DOESN'T WANT OTHER VEHICLES IN THE DRIVEWAY.
SO THEY GET PUT ON THE COURT DURING A CROWD UP THE DRIVEWAY.
SO THEY'RE ALL ON THE STREET, RIGHT? NO, WE'RE GETTING THE WORST CASE SCENARIO WHEN WE SEE THE PICTURES, BUT THE PICTURES ARE OF SEVERAL CARS CLUSTERED IN THE CALL.
THE SECOND SIDE CAT IN, UM, UH, JOHN, JUST TO GO BACK, UH, IT'S BEEN KIND OF BUGGING ME HERE, THE 1123, UM, OH ONE AND OH TWO.
DID, UH, DO YOU THINK WE SHOULD ASK JERRY IF THOSE TWO SHOULDN'T BE, I MEAN, THEY DO SEEM TO BE SO SIMILAR.
SHOULD THEY BE COMBINED INTO, WE SAY ACCESSORY BUILDING AND ACCESSORY USE RESTRICTION, SORRY TO GO BACKWARDS, BUT I MADE A NOTE OF IT AND THEN DIDN'T BRING IT UP.
A LOT OF THESE QUESTIONS ARE GOING TO BE LESS FOR JERRY, THEN MORE FOR LIKE THE PLANNING AND ZONING STAFF.
WHO'D LIKE TO STOP WEARING HIS OTHER HAT.
SO IT LOOKS LIKE THE BIGGEST DIFFERENCE I SEE BETWEEN ACCESSORY BUILDING ACCESSORY USE RESTRUCTURE ACCESSORY BUILDING CANNOT BE A TRAILER, BUT ACCESSORY USE OR STRUCTURE DOESN'T HAVE THAT PROHIBITION FOR BEING A TRAILER.
I COULD SEE HAVING ACCESSORY BUILDING AND STRUCTURE OR STRUCTURE AND THEN HAVING ACCESSORY USE AS A DEFINITION TO ME, THE USE AND THE STRUCTURE ITSELF ARE TWO DIFFERENT THINGS RIGHT HERE, THE BUILDING AND THE STRUCTURE KIND OF BLENDED OVER TWO DEFINITIONS AND ONE WITH THE VIEWS.
I, I, I THINK PROBABLY THAT WOULD BE A GOOD THING FOR PLANNING TO LOOK INTO UH, THEN I DON'T HAVE ANYTHING UP UNTIL YES.
I HAVE SOMETHING AT 11 23, 9 5 1.
JUST LET ME FLIP THROUGH THIS REAL QUICK.
UM, ONE OF THE CODE SECTIONS, I THINK DEFINITIONS, IT TALKS ABOUT HYDRO SUBURBAN WATER, UH, AND VALLEY WATERWORKS.
SO YOU'RE 1120 3.9519 PARAGRAPH OR SECTION TWO IS SOMETHING WE'VE DONE BEFORE THIS REPEAT.
IT STARTED THIS, THIS ABC, ISN'T IT.
[02:00:01]
UH, SOMETHING ABOUT SOMETHING STARTED WITH ACTIVITY BETWEEN MALE AND FEMALE PERSONS.WE HAD THAT IN A BUSINESS REGULATION CODE THERE, AS FAR AS DEFINING SEXUAL ACTIVITY.
I BELIEVE IT'S SECTION J NUMBER TWO.
SO IT'S JUST ACTIVITIES BETWEEN PERSONS WHEN WATER IS CHANGING TO ACTIVITIES BETWEEN PERSONS WHEN ONE OR MORE OF THE PRISONS, THE STATE OF NUDITY OR SEMI-NUDE YEAH, I THINK WE SHOULD JUST MAKE THAT CONSISTENT WITH WHAT WE DID AND, UH, PART SEVEN.
AND THEN MINE WAS ON 1120 3.1, TWO SEVEN REFERENCES, OHIO, SUBURBAN WATER COMPANY AND VALLEY WATERWORKS.
UM, OBVIOUSLY OHIO SUBURBAN WATER COMPANIES NO LONGER, UH, 1120 3.127.
OH, IS THAT WE'RE TALKING ABOUT PUBLIC WATER SUPPLY INCLUDES, BUT NOT LIMITED TO WATER SUPPLIES FROM OHIO SUBURBAN WATER COMPANY WHO HAS NOW OR SU NOW.
UM, I MEAN, I THINK IT SHOULD BE UPDATED, BUT IT IS ADDRESSED THROUGH THEIR SUCCESSORS AND ASSIGNS BECAUSE SUEZ REALLY IS.
I GUESS THEY ARE SUPPLYING THE WATER OR, I MEAN, THERE WERE THE MANAGEMENT COMP, I FORGET EXACTLY WHAT TECHNICALLY WHAT THE RUT, WHAT THE CAUSE WE OWN THE CITY OWNS THE WATER AND THEY JUST MANAGE IT FOR US.
LIKE I SAY, BOURBON, WELL, I DON'T REMEMBER THE WHOLE PROGRESSION, BUT YEAH.
WE'LL, WE'LL TAKE A LOOK AT THEM.
AND, UH, I NEVER HEARD THE TERM VALLEY WATER WARS.
I'M NOT SURE WHERE I REMEMBER SEEING THEM, BUT I CAN'T REMEMBER WHERE.
MOVING ON TO SECTION 11, CHAPTER 1125 AND FORCEMENT, UM, THE 11 25 0 2.
UH, I HAVE A QUESTION, UH, ABOUT, UH, ON SUB PARAGRAPH D UH, IT SAYS UNLESS, UH, A SUBSTANTIAL AMOUNT OF WORK, BUT SUBSTANTIAL.
I DON'T KNOW IF THAT'S, I DON'T THINK THAT'S DEFINED ANYWHERE AND THAT'S ALWAYS BEEN ONE OF THOSE THINGS THAT I THINK WOULD BE SUBJECT TO LEGAL INTERPRETATION IN A, IN ANY KIND OF A COURT SITUATION.
UH, I DON'T KNOW IF, YOU KNOW, IF, IF WE WOULD WANT TO ADD OR RECOMMEND THAT THERE BE A SPECIFIC PERCENTAGE OF WORK OR MORE OF YOU HEARD THE DEFINE TOO.
WHAT ARE THE, SAY, 25% OF THE WORK? WELL, YEAH, 25% OF THE TIME.
TWENTY-FIVE PERCENT OF THE MONEY.
IT'S JUST ONE, IT'S A SECTION.
I THINK MAYBE PLANNING MY, WANT TO TAKE A LOOK AT, TO SEE IF THERE'S A WAY OF TIGHTENING THAT UP IN SOME FASHION.
IT'S ALSO IN C, TOO, JUST ABOVE THEM.
I DO THINK IT'S PROBABLY UNREALISTIC.
WE'RE GOING TO GET THROUGH THE ENTIRE PLANNING AND ZONING CODE TONIGHT.
UH, IF WE CAN MAKE A CONCERTED EFFORT TO TRY TO AT LEAST GET THROUGH TO, UH,
[02:05:01]
1170, UH, THAT WOULD BE THE FIRST HALF OF WHAT WE WERE SUPPOSED TO COVER.UM, THE NEXT MEETING IS SCHEDULED TO BE, UM, PART 13, WHICH IS THE BUILDING CODE, WHICH IS NOT VERY LONG.
UM, THAT'S I THINK, 30 OR 30 TO 50 PAGES OR SOMETHING LIKE THAT.
SO WE COULD, IF WE COULD GET THROUGH THE FIRST HALF OF THIS TONIGHT, I PLAN, WE COULD THEN PREPARE THOSE ITEMS FOR DISCUSSION NEXT TIME AND THEN DO THE SECOND SECTION OF THE PLANNING AND ZONING CODE AND, UH, THE BUSINESS, UH, OR THE BUILDING CODE, UH, AT THE NEXT MEETING.
THAT WOULD BE LIKE THIS MUCH MORE PAPER THOUGH.
I, UH, I REALLY DON'T HAVE ANYTHING ELSE AT 1125, UM, UH, 1127 BOARD OF ZONING APPEALS, UM, AND, UH, A GOOD PART OF, UH, ELABORATE 27TH.
THE BOARD OF ZONING APPEALS IS DEFINED BY THE CHARTER BECAUSE THAT'S A CHARTER CREATIVE BOARD WHERE I AM.
UM, AND THEN IT'S EXPANDED ON IN THE CODE.
SO, UM, UNLESS THERE'S SOMETHING THAT'S LIKE A PROCESS ISSUE OR TYPE OF GRAPHICAL, THEIR REFERENCE THAT'S OUTDATED.
WE PROBABLY DON'T WANT TO MAKE A LOT OF CHANGES TO THAT.
I, I REALLY DIDN'T SEE ANYTHING THAT JUMPED OUT AT ME IN THAT SECTION.
ANYBODY HAVE ANY COMMENTS ON THAT SECTION? UH, 1130 AMENDMENTS.
UH, AND THIS IS A WHOLE, I HAVE A QUESTION HERE ON 11 27 0 4 APPEALS, AND THE REASON I'M BRINGING THIS UP IS IT DIRECTLY IMPACTED ME IN THE PROCESS OF JUST GETTING IN FRONT OF THE BOARD.
UM, IN MY PERSONAL CASE, I THINK IT'S THE FOURTH SENTENCE, SEE VARIANCES, UM, NUMBER FOUR, APPLICANT NOT NEED BE OWNER THE VENDEE OF THE PROPERTY UNDER A PURCHASE AGREEMENT, LAND CONTRACT, WHICH IS MY SITUATION, UM, EXECUTED AND FILED IN THE COUNTY MA AND DRAWN UP BY AN ATTORNEY, UH, MAY WITH WRITTEN CONSENT OF THE FEE OWNER OF THE PROPERTY.
UM, I PETITIONED THE OWNER TO SIGN THE DOCUMENT THAT THE CITY REQUESTED AND WAS UNSUCCESSFUL JUST BECAUSE IT'S, UH, AN HEIR.
SO THE ORIGINAL OWNER HAD DIED AND IT WAS PASSED ON.
SO THERE WAS VERY LITTLE ADMINISTRATIVE CAPABILITIES ON THAT PART OR INTEREST AT ALL IN ASSISTING ME.
SO IT PROHIBITED ME FROM GETTING IN FRONT AND FOLLOWING THE APPEALS PROCESS AND MY OWN INTEREST.
YOU KNOW, I RESPONSIBLE FOR TAXES AND INSURANCE AT THE PROPERTY THAT HAD BEEN FOR A PERIOD OF THREE OR MORE YEARS.
AND I WAS HOPING TO DOCUMENT THAT ALONG WITH UTILITIES, JUST TO POSSIBLY, YOU KNOW, STILL GET IN FRONT AND TALK ABOUT THE, YOU KNOW, THE VARIANCE AND APPLY FOR THAT, BECAUSE THAT WAS HOW I WAS INSTRUCTED BY THE ZONING DEPARTMENT HERE IN THE CITY.
SO I DON'T KNOW IF THERE'S A WAY AROUND THAT OR WHAT THE PROCESS WOULD BE.
ARE YOU TALKING ABOUT LIKE THE PROPERTY WAS IN A LET'S STATE TO LAND CONTRACT? SO I HAVE A FILE IN CONTRACT WITH EVERY COUNTY RECORDER.
IT WAS DRAWN UP BY AN ATTORNEY WITH THE ORIGINAL PERSON DYING, AND THEN IT WAS TRANSFERRED SINCE IT IS A BINDING CONTRACT TO THE AIR AND THE AIR, YOU KNOW, JUST AS NON-RESPONSIVE TO WHATEVER, HE'S NOT GOING TO RESPOND TO ANYTHING.
IT DOESN'T MATTER, YOU KNOW, IT WAS CONTRACT WRITTEN, IT WAS CLEAR, BUT THIS PREVENTED ME FROM BEING ABLE TO GO BEFORE, BECAUSE I HAD TO HAVE THAT DOCUMENT SIGNED BY THE OWNER.
DOES THAT MAKE SENSE? YEAH, NO, I SEE WHAT YOU'RE SAYING.
AND, AND I, I UNDERSTAND THE, THE QUANDARY THAT YOU WERE IN.
BUT I MEAN, WE'VE GOT, HOW MUCH, HOW MANY RENTALS DO WE HAVE IN THE CITY, QUITE A FEW, AND THOSE ENTITIES YOU THINK THAT THEY'RE REALLY? YEAH.
SOME OF THEM DON'T HAVE AN INTEREST IN THE PROPERTIES AND AS A RESULT, SOME OF THE PROPERTIES ARE RUN DOWN IN OUR CITY FROM MY EXPERIENCE.
SO, YOU KNOW, IT MIGHT BE SOMETHING TO JUST TO CONSIDER.
THAT'S WHY I'M BRINGING IT UP MORE, A WAY AROUND IT OR SOMETHING THAT ALLOWS SOMEBODY IN OUR COMMUNITY TO GO AHEAD AND APPEAL, EVEN THOUGH THEY DON'T HAVE THE SUPPORT OF AN OWNER.
[02:10:01]
CAUSE THE APPLICATION FOR THE VARIANCE NEEDS TO BE WITH THE CONSENT OF THE FIANCE.THEY HAD TO GET A VARIANCE BECAUSE UNDER, UNDER FOR, UH, C FOUR, UH, IT TALKS ABOUT, YOU KNOW, IT, THE LAND CONTRACT VANDY, THE LEASE LESSEE CAN APPLY FOR A VARIANCE, BUT HAS TO HAVE THE, UM, CONSENT OF THE, OF THE, OF THE FEE OWNER.
WHAT IS THE DEFINITION OF FEE OWNER? PROBABLY THE TITLE OWNER.
I WOULD IMAGINE WHOEVER IS ENTITLED.
SO IF IT WOULD BE IN A STATE, I MEAN, IF YOU HAVE A DECEASED DONOR THAT SAID PART OF PROBATE, THEN THAT WOULD PROBABLY BE THE WHOEVER THE EXECUTIVE, YOU KNOW, THE ESTATE REPRESENTATIVE WOULD BE.
UM, AND, AND I, I GUESS THE RATIONALE BEHIND THAT WOULD BE, YOU DON'T WANT TO HAVE A LAND CONTRACT, YOU KNOW, SOMEBODY WHO DOESN'T ACTUALLY OWN THE PROPERTY APPLYING FOR AND GETTING A CHANGE IN ZONING AND THEN BREACHING OR FAILING TO COMPLETE THE LAND INSTALLMENT CONTRACT.
AND NOW THE LAND INSTALLMENT CONTRACT VAN DOOR IS BACK IN TITLE AND WITH, UH, UH, CHANGED, YOU KNOW, UH, ZONING, UH, YOU KNOW, SO I, I SEE WHERE THOSE TWO, UH, ISH INTERESTS ARE KIND OF PULLING AND I DON'T KNOW EXACTLY, YOU KNOW, HOW THE CITY CAN RESOLVE THAT.
UM, AND UNFORTUNATELY, BECAUSE LIKE YOU SAY, THE, YOU KNOW, THE TENANTS DON'T REALLY HAVE, MY INITIAL REACTION WOULD BE TO HAVE THE TENANTS HAVE SOMETHING IN THE LEASE THAT WOULD ALLOW THE TENANT OR THE LAND INSTALLMENT CON LAND CONTRACT TO DO THAT.
BUT THE OWNER OF THE PROPERTY REALLY HAS NO INCENTIVE TO, TO ADD THAT PROVISION TO THE LEASE OR THE LAND AND SOMA CONTRACT.
AND, UM, SO I, I, I HEAR, I HEAR WHAT YOU'RE SAYING.
I'M NOT SURE WHAT THE ANSWER, WHAT THE ANSWER ARE THERE.
UM, IS THAT SOMETHING THAT I THINK WE'RE LOOKING AT VARIANTS, I MEAN, IT COULD BE AS SIMPLE AS IS THIS PARKING A ENCLOSED TRAILER IN, OR ON A LONG DRIVEWAY.
AND THAT'S NOT A BIG VARIANCE TO ME.
I MEAN, IT SHOULD BE SOME HUMAN DISCRETION OR SOMEBODY THAT YOU CAN APPEAL TO THAT'S WITHIN COMMUNITY, JUST THAT, YOU KNOW, CAUSE I MEAN THE VARIOUS IS A RECORDED, IS IT ADDED TO THE DEED? WELL, THE PROBLEM IS THE VARIANCE COULD BE ANYTHING AND IT WOULDN'T ALWAYS BE A MINOR THING.
IT COULD BE A MAJOR THING AS WELL.
INSTEAD OF JUST NOT DEALING WITH IT, IT'S JUST, YEAH.
UH, I WOULD, UH, YOU KNOW, I HAVE A SITUATION WHERE YOU DON'T HAVE THE COOPERATION OF THE AIR OR THE PROPERTY OWNER.
IT MAKES IT DIFFICULT BECAUSE, YOU KNOW, YOU WOULD HATE AS THE CITY DIDN'T MAKE MAJOR VARIANTS TO THE PROPERTY WITHOUT THE CONSENT OF THE PROPERTY, WE ARE IN WORSE.
WHAT IF THE PERSON WHO'S HAVING THE PROPERTY, UM, CAN'T GET THAT CONTACT, BUT THEY NEED TO DO SOMETHING BECAUSE MAYBE THEY'RE UNDER A VIOLATION.
UM, AND THEN, THEN, THEN WHAT, YEAH, THERE WERE SEVERAL VIOLATIONS TO THE PROPERTY.
I MEAN, THERE'S EVEN A HISTORY HERE, BUT TO ME IT'S JUST THE PROCESS UNTIL HARD STOP.
AND THEN I WOULD THINK THAT, YOU KNOW, THERE WOULD BE A WAY TO, IN CERTAIN CASES, IF THAT WASN'T THERE JUST TO ADDRESS IT LIKE A PROCESS OF WHO'S PAYING THE TAXES, THAT THE REAL, YOU KNOW, THE PROPERTY, OR WAS THERE A HISTORY OF IT BEING A NUISANCE PROPERTY OR, YOU KNOW, I MEAN, COME ON WORK COMMUNITY, WE CAN REGULATE OUR OWN.
I FEEL THAT WAY, BUT I'LL JUST TELL YOU THAT ATTORNEYS ARE HESITANT TO MAKE, UH, YOU KNOW, UH, DECISIONS BASED ON, UH, GIVING, YOU KNOW, AN INDIVIDUAL JUDGMENT OR DISCRETION AND THOSE THINGS BECAUSE, UH, YOU KNOW, WHAT YOUR DISCRETION HAS, CAN BE VERY DIFFERENT THAN ANOTHER INDIVIDUAL IN THOSE SAME POSITIONS.
WELL, THE, YOU KNOW, THERE, IF YOU GO BACK AND YOU LOOK AT SECTION, WELL, COUPLE THINGS, SECTION C WHERE IT TALKS ABOUT VARIANCES AND THEN UNDER C1, IT SAYS VARIAN STANDARDS.
AND THEN YOU COME DOWN TO G IT SAYS WHETHER THE SPIRIT AND INTENT BEHIND THE ZONING REQUIREMENT WOULD BE OBSERVED AND OF CENTRAL JUSTICE DONE BY GRANTING THE VARIANCE.
I THINK SO, YOU KNOW, NOW TAKING THAT INTO ACCOUNT AND THEN GOING BACK UP TO SECTION A, THE LAST SENTENCE THAT SAYS, NO VARIANCE MAY BE TAKEN FROM THE PROVISIONS OF CHAPTER 1193, OR TO ALLOW A SUMMER TRAILER CAB AND OR TRAILER TO BE PARKED IN A RESIDENTIAL
[02:15:01]
ZONING DISTRICT.NOW I'M ASSUMING THAT'S ON THE STREET.
SO FOR WHATEVER REASON, WELL, I CAN TELL YOU, I KNOW WHAT THE REASON IS.
YOU HAD AN ISSUE WITH GRANTING VARIANCES FOR THAT PURPOSE IN THE PAST, WHEN THEY MADE A POLICY DECISION TO SAY YOU CAN'T GRANT VARIANCES FOR THAT SPECIFIC ISSUE.
I MEAN, I, I MEAN, THAT'S PRETTY OBVIOUS FROM THE LANGUAGE, BUT I THINK WITHIN, WITHIN THE CODE, THERE IS A BILL IN WHAT I WOULD CALL IT.
COMMON SENSE, YOU KNOW, LET'S, LET'S LOOK AT THE BIG PICTURE HERE IN DETERMINING WHETHER WE'RE GOING TO GRANT A VARIANCE.
UM, BUT THEN YOU HAVE TO ALL LOOK AT ALL THE OTHER STANDARDS AS WELL TO SEE WHETHER OR NOT THEY, YOU KNOW, JERRY, WERE YOU SAYING THAT THE ZONING DEPARTMENT WOULDN'T EVEN ALLOW THE APPLICATION? I REQUESTED AN APPEAL.
I MEAN, I ASKED FOR THEM TO INTERNALLY HANDLE IT AND SAY, YOU KNOW, YOU SEE HOW LONG I SAID, NO, IT WAS A HARD, NO.
AND THEN, UH, HE S HE DIRECTED ME TO FOLLOW THIS PROCESS AND I WAS PREPARED TO FOLLOW THE PROCESS.
I HAD EVERYTHING DONE AND THEN SENT OFF THE, THE REQUIRED DOCUMENTATION TO, TO THE FIELD OWNER.
AND, YOU KNOW, HE WAS ELECTED TO SEND IT BACK.
AND SO I WAS AT A HARD STOP, YOU KNOW, AND IT'S JUST, I WANTED TO GET IN FRONT OF HER DIRECTED TO FOLLOW THIS PROCESS.
AND YOU WERE LOOKING FOR ADMINISTRATIVE REMEDY THAT YOU WOULDN'T HAVE TO GO THROUGH TO BE HEARD.
SO THAT'S, THE NURSE CAN SAY EXACTLY, EVEN ON AN ISSUE THAT DOESN'T AFFECT THE PROPERTY ITSELF OR CHANGES TO THE PROPERTY, THIS WAS A TRAILER PARK.
SO I THINK YOU HAVE TO LOOK AT IT FOR BOTH SIDES.
IF I WERE THE OWNER OF THE PROPERTY, I WOULDN'T WANT VARIANCES BEING PLACED ON MY PROPERTY, THAT I HAD NO KNOWLEDGE OF HER, ANY PART OF THE DECISION-MAKING OF THAT.
I MEAN, THAT COULD BE
YOU KNOW WHAT I MEAN? I MEAN, JUST AS AWARENESS, I MEAN, WE ALLOW IT IN OTHER PARTS, BUT IT'S JUST MY OPINION.
I MEAN, I COULD SAY, I SAID, WE CAN, WE CAN LOG, UM, NOT ONLY WITH THE LEGAL REVIEW OF THE ISSUE, BUT, YOU KNOW, TO SEE WHAT SOME OTHER COMMUNITIES DO IN SIMILAR SITUATIONS, IF THIS IS A HARD AND FAST RULE, THAT IS THE BEST PRACTICE STINGER THAT EXISTS FOR THESE TYPES OF SITUATIONS.
I MEAN, EVERY COMMUNITY HAS A BOARD OF ZONING APPEAL.
I DON'T KNOW IF THEY HANDLE THAT PARTICULAR SITUATION ALL IN THE SAME MANNER.
MAYBE THERE'S ANOTHER MODEL OUT THERE FOR THAT WOULD ADDRESS YOUR CONCERNS.
UM, SO I, I THINK RATHER THAN SPECULATING HERE, I, I, I THINK WE HERE YOUR ISSUE, LET'S JUST PUT ON THE LIST AND SEE WHAT POSSIBLE REMEDIES THERE ARE THERE, YOU KNOW, WE COULD CONSIDER FOR RECOMMENDATION TO ADDRESS THAT ISSUE AGAIN, YOU KNOW, UNDER APPEALS ON YOUR, UNDER IT DOES THIS BY ANY PERSON AGGRIEVED, UH, IT DOESN'T, IT SAYS BY WHOM FIELDS BY WHOM TAKEN AND MAYBE TAKING MY, ANY PERSON AGGRIEVED.
AND SO I'M WONDERING IF, IF THAT'S AN INTERPRETATION QUESTION MORE, SO, I MEAN, YOU KNOW, IF YOU, YOU KNOW, IT DOESN'T LIMIT IT TO THE PROPERTY OWNER.
OKAY KNOW, UM, NOW THEY MAY BE INTERPRETING IT ONE WAY THAT IT LOOKS LIKE THE, THE LANGUAGE ITSELF MAY BE BROADER THAN JUST LIMITED TO THE PROPERTY OWNER HAVING TO, BUT YOU STILL HAVE TO GET THE CONSENT TO FILE THE REQUEST FOR THE VARIANCE OF THE FIRST WHERE THEY WILL HEAR YOUR APPEAL.
WELL, NOW THAT I'M LOOKING AT IT TOO, UM, 11 27 0 1 PROBABLY NEEDS TO BE REVIEWED TOO, BECAUSE IT DEALS WITH REMOVING A MEMBER OF THE BOARD OF ZONING APPEALS.
AND, UH, THAT PROCESS WAS CHANGED IN A CHARTER AMENDMENT, UH, AS PART OF THE CHARTER REVIEW COMMISSION.
UM, IT'S NOT THE SAME AS IT WAS IN 81.
SO WE'LL PUT THAT ONE ON THE LIST TOO, THAT WOULD APPLY ALSO TO, UH, 11 29 0 1, WHICH IS APPOINTMENT AND REMOVAL OF A MEMBER OF THE PLANNING COMMISSION.
UH, MOVING ON TO CHAPTER 11, 30 AMENDMENTS, UM, I DON'T THINK,
[02:20:02]
UH, 1130, I DON'T HAVE ANY, ANYTHING WITH 1130, ANYBODY HAVE ANY COMMENTS OF ANY SECTION IN QUESTIONS? UH, THEN 1135 SPECIAL USES.I DIDN'T HAVE ANYTHING UNDER SPECIAL USES.
ANY COMMENTS ON ANY OF THE CODE SECTIONS? UM, 1135, A KINDERGARTENS NURSERIES AND DAYCARE, ANY QUESTIONS OR ISSUES RAISED SPRAY? OH ONE THROUGH FIVE, SEEING NOTHING WE'LL MOVE ON TO 1135 B RESIDENTIAL CARE AND SOCIAL SERVICE FACILITIES.
UM, UNDER THE ONLY QUESTION I HAD IS UNDER 1135, LIKE B 0.03 FACILITY REQUIREMENTS.
UM, ARE THERE ANY STATE OR FEDERAL REGULATIONS THAT WOULD IMPACT ANY OF THE, ANY OF THESE REQUIREMENTS THAT WE NEED THAT, UH, WE WOULD NEED TO BE AWARE OF OR THAT NEED TO BE, WE NEED TO COMPLY WITH.
SO COULD WE ALSO CITE THAT HERE, LIKE SAY, HAS TO COMPLY WITH WHATEVER NUMBER, LIKE, FOR EXAMPLE, THE, UH, THE YWC THAT TOOK OVER THE MONTGOMERY DEVELOPMENTAL CENTER? UM, I KNOW, YOU KNOW, MY, MY GUESS IS THAT THEY WOULD FALL, FALL UNDER THIS PROVISION BECAUSE I ASSUME I'M GUESSING IT'S GOING TO BE RESIDENTIAL IN NATURE PARTIALLY.
AND I DON'T KNOW WHETHER OR NOT THERE'S ANY KIND OF FEDERAL REGULATIONS THAT GOVERN THAT FACILITY OR WILL GOVERN THAT FACILITY.
I THINK WHEN I, UH, TRANSFERRED FROM MDC, WHICH WAS A SUMMER USE, UM, BACK MTC WAS LARGELY RESIDENTIAL DOWN THERE.
SO, UH, THE WISE USES, WE DIDN'T EVEN DO THERE WASN'T EVEN A ZONING CHANGE ON THAT.
THAT JUST, UH, WASN'T STRAIGHT UP PURCHASE AND RENAISSANCE TO USE.
OR ARE THOSE THINGS ALREADY BY THE STATE AND THE FEDERAL GOVERNMENT? YEAH, I THINK THE LICENSE COMES FROM THE STATE, LIKE FOR DAYCARE.
IT SEEMS LIKE MIGHT'VE BEEN 2019, DIDN'T WE? UM, WASN'T THERE ARE HANDFUL OF CHANGES REGARDING UH, DAYCARE, UH, ADULT DAYCARE, ONE WITH ADULT DAYCARE, ADULT GROUP, HOME AND RESIDENTIAL.
CAUSE WE HAD THAT ISSUE WHERE, UH, HOW MANY ADULTS COULD LIVE IN AN ADULT GROUP, UM, IN THE RESIDENTIAL AREA, BECAUSE SOMEONE WAS COMPLAINING THAT THERE WAS BASICALLY A GROUP HOME IN A RESIDENTIAL AREA.
HOW DID THAT APPLY? AND I THINK THERE WAS A SUBJECT OF SOME LEGAL ACTIONS INVOLVING THE CITY AS WELL AROUND THAT ISSUE.
UM, UH, AND THEN, UM, 1141, UH, DISTRICTS, ESTABLISH MAPS AND BOUNDARIES.
UM, I AM ASSUMING THAT, UM, THE, UH, THE DISTRICTS THAT ARE ON THAT LIST ARE ALL INCLUSIVE IN TERMS OF WHAT EXISTS OR WHAT COULD EXIST IN UBER.
I THINK THIS IS, IS FAIRLY CURRENT.
UM, I'LL CHECK TO BE SURE, BUT, UM, THIS IS SOMETHING THAT'S USED REGULARLY.
AND THIS TIES INTO SOME OTHER ELEMENTS, LIKE THE COMPREHENSIVE PLAN AND THINGS LIKE THAT, WHICH IS GETTING READY TO BE UPDATED
[02:25:01]
AGAIN.UH, SO AS THAT HAPPENS, THEN I THINK YOU'D HAVE SOME RIPPLE THINGS INTO SOME OF THESE SECTIONS OF THE PLANNING AND ZONING CODE, UH, BASED ON A NEWLY ADOPTED COMPREHENSIVE PLAN.
BECAUSE BASICALLY THE NEXT SEVERAL CHAPTERS KIND OF FLESH OUT EACH ONE OF THOSE VARIOUS DISTRICTS LIKE CHAPTER, UM, 1142 DEALS WITH THE AGRICULTURAL DISTRICTS.
WELL, REALLY THAT GOES ON EVEN INTO THE NEXT SECTION.
I MEAN, THAT'S WHAT A LOT OF THIS IS.
LIKE 11 THAT DEALS WITH THE AGRICULTURE, BASICALLY 1141 THAT SETS OUT ALL THE VARIOUS DISTRICTS AND THEN I'M STARTING WITH 1142 GOING FORWARD.
IT FLUSHES OUT EACH ONE OF THOSE SPECIFIC DISTRICTS ON THE IDENTIFIED AND 1141.
UM, UH, AND IT'S HARD TO MAKE CHANGES TO THESE INDIVIDUAL SECTIONS WITHOUT REVIEWING IT IN A COMPREHENSIVE MANNER AS IT RELATES TO THE OTHER, UH, TYPES OF, UH, DISTRICTS.
SO, UM, NOT THAT THE COMMISSION CAN'T RECOMMEND CHANGES, BUT THIS IS SOMETHING THAT YOU THINK, UH, IF THERE WERE CHANGES THAT WOULD COME FROM STAFF SUGGESTING I'M BASED ON RIGHT.
PROBABLY RUN INTO, OR, YOU KNOW, THE APPLICABILITY OF THE STANDARDS AND THEN INDIVIDUAL DISTRICTS.
THE ONE, LIKE I SAID, IN THE, IN, IN, IN MOST OF THE, UH, SECTIONS, UH, DEALING WITH RESIDENTIAL, ONE OF THE, UH, PERMITTED PRINCIPAL PERMITTED USES IS HOME OCCUPATIONS.
AND I, I HAD THAT SORT OF BEFORE THE, BEFORE YOU BROUGHT UP THE ISSUE, I HAD THAT CIRCLED IN TERMS OF, UM, YOU KNOW, AND, YOU KNOW, BEING A, UH, I WAS SURPRISED THAT IT WAS A PRINCIPAL PERMITTED USE AS OPPOSED TO A, UM, ACCESSORY USE.
UM, IS THAT, IS THAT IMPORTANT, BUT IT COULD BE ONLY USED FOR THE HOME OCCUPATION.
YOU DON'T LIVE THERE IF YOU JUST LOOK AT THAT SECTION ALONE.
UM, AND HOW ABOUT OCCUPATION IS, IS YOU'RE RESIDING THERE AND YOU'RE NOT USING MORE THAN 25%.
IT REFERS BACK TO THE DEFINITION OF HOME OCCUPATIONS.
BUT I WAS JUST SURPRISED TO FIND THAT THAT WAS A PRINCIPLE PERMITTED USE AS OPPOSED TO AN ACCESSORY REUSE.
WELL, WE COULD TIE THAT IN JUST THE DISCUSSION TO THAT WHOLE HOME OCCUPATION THEN IS, SHOULD IT BE A PRINCIPLE PERMITTED USE? AND IS THAT PART OF ADDRESSING THE ISSUE? YEAH.
DID THE BRAND PIKE, UM, REVITALIZATION OVERLAY DISTRICT, WAS THAT ON THE OFFICIAL DISTRICT? UH, OR SO IF SHOULD, SHOULD IT BE INCLUDED IN THIS, UH, THE FIRST LIST OF DISTRICTS HERE? I DON'T THINK IT'S IN THE ZONING DISTRICTS.
I THINK IT'S MAYBE LIKE AN OVERLAY THERE'S WAS A MIXED USE OVERLAY.
SO, I MEAN, WOULD THAT MAKE IT, I THINK IT'S SPECIFICALLY AT THIS POINT MENTIONED A SECTION ON OVERLAY DISTRICTS THAT IT PROBABLY SHOULD BE SPELLED OUT IN THERE.
CAUSE IT WAS ADOPTED AS SUCH, I DON'T THINK IT'S A ZONING DISTRICT PER SE, LIKE ARWAN OR TWO, I DON'T THINK THAT WAS CREATED AS A SEPARATE ZONING DISTRICT.
I THINK IT'S AN OVERLAY DISTRICT, WHICH IS DIFFERENT.
WELL THAT WOULD ALLOW FOR MULTIPLE USAGE.
IT WOULD CHANGE THE ZONING, TECHNICALLY SPEAKING OF THAT AREA.
WELL, YEAH, I KNOW WE GAVE IT A DESIGNATION AT BPO
I DON'T, I'M NOT AWARE OF THAT, BUT UH, I DIDN'T KNOW IF IT WAS AN OFFICIAL AND WHEN YOU HAVEN'T, BECAUSE IT'S OVERLAYED DISTRICT, DOES THAT MEAN THAT, YOU KNOW, YOU'VE GOT THE BASIC ZONING AND THEN YOU HAVE ADDITIONAL REQUIREMENTS CREATED BY THE OVERLAY DISTRICT? IS THAT THE WAY? WELL, THE OVERLAY ACTUALLY EXPANDED THE OPPORTUNITIES THERE, IF YOU'RE MORE FLEXIBLE, OPEN IT OUT AND THAT ZONING DISTRICT TOO, TO DO THINGS THAT ARE INDIVIDUALIZED TO THE CHARACTER OF THAT, WHICH I CAN, UH, AS WELL AS PROMOTING UNIFORMITY THROUGH THE DISTRICT WITH, UM, LITTLE THINGS LIKE, UM, REMEMBER THE LANDSCAPING ISSUES AND THINGS LIKE THAT.
SO WE'RE EACH, THERE MAY BE MULTIPLE DISTRICTS WITHIN THE BPO
[02:30:01]
WITH DIFFERENT STANDARDS OR REQUIREMENTS.THE OVERLAY DISTRICT ALLOWS MORE, UH, CONTINUOUS USE.
SO IT'S A REAL ESTATE BROKER'S PRICE OPINION.
CHAPTER 1144 IS OUR ONE RESIDENCE DISTRICT.
UH, I DIDN'T SEE ANYTHING SPECIFIC AND, UH, 1145 IS OUR TWO RESIDENTS DISTRICTS.
UM, THIS IS WEIRD HERE THAT THEY CALL RESIDENTIAL DISTRICTS, RESIDENTS, DISTRICT, MOST CITIES THAT'S RESIDENTIAL DENTAL.
FOR SOME REASON HERE IT'S RESIDENTS.
UM, 1147 IS OUR FOUR RESIDENTS DISTRICTS.
UM, UH, 1148 IS OUR FOUR B RESIDENCE DISTRICTS.
UM, I HAD A QUESTION ON 1140 8.02 AND, UH, ACCESSORY USES, IT SAYS ONLY THE FOLLOWING USES.
YOU USE THE SHOPPING PERMITTED IN THIS DESK DISTRICT.
THEN YOU GO TO SEE, AND IT SAYS A SIGN ADVERTISING SALE RENT LEASE OR TRADE OF THE PROPERTY UPON WHICH SUCH SIGN IS PLACE FOR SALES SIDE.
BUT I MEAN THE PROBLEM WITH THOSE PROCESSES AND WHEN WE GET TO SOMETHING VERY TECHNICAL LIKE THIS, UH, WE REALLY NEED A PLANNING AND ZONING STAFF MEMBER HERE TO ANSWER THESE QUESTIONS ON THE SPOT BECAUSE WE'RE GENERATING A LOT OF EXTRA WORK BECAUSE SOMETIMES WE THINK IT MIGHT BE A BIG ISSUE THAT COULD BE SOLVED WITH A SIMPLE EXPLANATION BY SOMEBODY NEW.
AND THEN WE'RE INVOLVING THE LAW DIRECTOR AND EVERYTHING ELSE.
WHEN YOU WERE MAKING IT MORE CONGRESSMAN THAT IT WOULD BE THAT ONE PERSON WHO JUST SPEND A COUPLE OF HOURS.
I MEAN, WHEN I READ THAT, I THOUGHT, YOU KNOW, YOU WERE TALKING, IT WAS A FOR SALE SIGN, BUT WHY WOULD IT BE CONSIDERED AN ACCESSORY USE IF THAT'S ALL WE'RE TALKING ABOUT AS A FOR SALE SIGN.
SO THAT'S, THAT'S WHY I WAS, I RAISED IT.
IS THAT A GOOD OR DON, IF YOU HAVE ANY INFLUENCE TO GET SOMEONE HERE FOR THE NEXT READING, I CERTAINLY HAVEN'T HAD ANY LUCK.
CHAPTER OUR FY 11, 14, 9 OR FIVE RESIDENTS DISTRICTS.
WHO DO WE WANT HERE, TONY? I'M SORRY.
I MEAN, SCOTT WOULD BE THE LOGICAL PERSON.
I MEAN, UH, DON CAN ANSWER SOME OF THE ZONING STUFF, BUT HE'S NOT A PLANNER.
I MEAN, IT'S, I MEAN, SCOTT PERFORMS THAT FUNCTION.
HE'S THE ONLY ONE THAT REALLY HAS THAT EXPERTISE.
UM, IT JUST, UH, YOU KNOW, I THINK IT, IT WOULD MAKE THIS PROCESS FOR ALL OF YOU AND FOR ME A LOT EASIER BECAUSE WE SOMETIMES SPEND A LOT OF TIME DEBATING SOMETHING THAT WE THINK IS SIGNIFICANT.
AND THEN THERE'S MAYBE A LOGICAL EXPLANATION FROM A PLANNER'S PERSPECTIVE THAT WOULD SATISFY OUR CONCERN.
AND WE COULD JUST MOVE ON, BUT YOU KNOW, NOW WE'RE TAKING THIS WHOLE LIST OF THINGS AND MAKING A BUNCH OF PEOPLE LOOK AT THEM AND ALL DIRECTORS INVOLVED AND YOU KNOW, IT MIGHT NOT BE NECESSARY TO DO ALL THAT IF IT'S EASIER TO DO.
AND SOME OF THE SIMPLER SECTIONS, THIS IS SO TACTICAL.
I, I, YOU KNOW, I'M ON A PLANNING COMMISSION AND I, I HAVE A BACKGROUND AS AN MPA, BUT I'M NOT AN EXPERT IN PLANNING RIGHT NOW.
SO TO BE ABLE TO ANSWER ALL OF YOUR QUESTIONS, I'M SORRY, JIM.
UM, NO, I JUST, YOU KNOW, THAT, THAT, IT SOUNDS TO ME LIKE IT JUST SIMPLY REFERS TO A, FOR SALE FOR ME.
IT'S I WAS TRYING TO FIGURE OUT WHAT COULD, WHAT ELSE COULD THEY BE TALKING ABOUT? FIGURE IT OUT.
UH, UH, 1150 R SIX RESIDENTS DISTRICTS, UH, HM, 1151 ARE SEVEN RESIDENTS DISTRICTS.
[02:35:07]
YEAH, THE, THE, UM, 1151.THAT'S YOUR, THEN YOU'RE, YOU'RE GETTING INTO THE D THE DEVELOPMENT, THE DEVELOPMENT MORE, I GUESS THE DETAILED DEVELOPMENT PLAN, I GUESS THAT'S MORE OF A PLAT.
SO, BECAUSE THERE WERE, THERE SEEMED TO BE A WHOLE LOT MORE DETAIL IN THAT SECTION THAN THERE WASN'T SOME OF THE OTHERS ABOUT A DETAILED DEVELOPMENT PLAN REFERENCE STILL 11 51 29 0 9.
UM, THEN CHAPTER 1151, A R M B RESIDENCE DISTRICT.
UM, NO, 1151 IS OUR SEVEN RESIDENTS.
1151, A RN WOULD BE RESIDENTS.
NOW WE'RE GETTING INTO THE OFFICE DISTRICTS OR THE BUSINESS MORE OF THE BUSINESS.
1152 IS THE OH ONE GENERAL OFFICE DISTRICT, 1153
ANYBODY HAS ANY QUESTIONS ON ANY OF THESE THINGS? STOP ME AS WE'RE GOING ALONG HERE.
UM, 1154 B2 COMMERCIAL DISTRICTS, UM, AND OPERATE A DYING WORKS.
A DYING WORKS, DYING AND CLEANING.
UM, I LIKE, I LIKE THE WAY THAT SOME PLACES A FUNERAL HOMES ARE MORTUARIES, OR IF THEY'RE DIFFERENT, IF YOU'RE LIVING THERE, IF YOU KNOW, IF THEY HAVE A PLACE FOR, TO LIVE AS OPPOSED TO NOT, UM, UM, LET'S SEE.
1155 B3 COMMERCIAL DISTRICTS, UM, 1155 EI EMPLOYMENT PARK DISTRICTS.
GETTING INTO MORE OF YOUR LARGER SITE GROUPS.
UM, AND CHAPTER 1156 I ONE LIGHT INDUSTRIAL AND MIXED USE DISTRICTS.
UH, THE BRAND PIKE REVITALIZATION OVERLAY DISTRICT IS IN CHAPTER 1180.
UM, 1150 6.03, UH, K MEASUREMENT PROCEDURES.
UM, THERE ARE A LOT OF THINGS LISTED IN HERE.
UM, AND I'M JUST MAKE SURE THAT THEY, I GUESS THESE THINGS ARE STILL THE, UH, STANDARDS THAT ARE BEING USED.
UH, CAUSE THEY TALK ABOUT TERM LIKE THE TRAFFIC INSTITUTE PROGRAM I'M INSPECT UNDER NINE, THE TRAFFIC INSTITUTE PROGRAM OF INSTRUCTION FOR THE TRAFFIC MANAGEMENT OF LAND DEVELOPMENT, EVANSTON.
UH, IT WAS FROM THE TRAFFIC AND STUDENT NORTHWESTERN UNIVERSITY, MARCH 2630TH, 1979, PAGE 38 0 7 DASH FIVE.
[02:40:02]
AND AGAIN, I THINK SOMETHING LIKE PLANNING, THE PLANNING, PEOPLE WOULD BE ABLE TO PAY US THESE LIKE HOPEFULLY LIKE RUSTED THAT THESE ARE STILL WHAT THEY LOOK TO AND USE, RIGHT? YEAH.UM, 1157 I TWO INDUSTRIAL DISTRICTS.
UM, I DIDN'T HAVE ANYTHING 1158, UH, C CONSERVATION DISTRICTS, UM, W CHAPTER 1159, W O WELLHEAD OPERATION DISTRICTS, CHAPTER 1160 WP, WELL FIELD PROTECTION OVERLAY DISTRICT.
THAT'S ANOTHER ONE OF THOSE, THE OVERLAY DISTRICT.
SO WE WERE TALKING ABOUT, AND I'M ASSUMING THE GROUND 1160 0.06, THE GROUND WATER PROTECTION STANDARDS.
UH, LAST TIME THAT'S ORDINANCE WAS WHEN IT WAS PASSED WAS IN 1990.
I'M ASSUMING THAT THE STANDARDS ARE STILL, UM, THE SAME, UM, AND HAVE NOT BEEN, YOU KNOW, THOSE STANDARDS HAVEN'T CHANGED IF THEY HAVE, THEY PROBABLY NEED TO BE UPDATED AND LOOKED AT BY STAFF.
UM, I WOULD SUGGEST THAT, UM, CHAPTER 1171 WOULD BE A GOOD STOPPING POINT.
YOU'D GO ONTO THE TV AND THAT'S PRETTY EXTENSIVE.
UH, WE COULD GO FOR A FEW MORE HOURS ON MY, GOT MY MOUNTAIN DUES NOW.
AND I'D HATE TO HOLD YOU UP, TONY.
YEAH, THAT KINDA, THAT BRINGS US TO, UM, TITLE SEVEN.
UM, SO IF WE WANT TO USE THAT AS A CUTOFF POINT, UH, AND MAYBE LIKE A FADE, HOPEFULLY, MAYBE S STAFF WILL CHIME IN ON SOME OF THE ISSUES THAT WE RAISED HERE THIS EVENING ON SOME OF THE OTHER THINGS.
UM, NOW, UH, SO ADMINISTRATIVE
[ Administrative/Process Issues]
PROCESS ISSUES.I WANT TO REMIND EVERYBODY THAT I WILL NOT BE AT THE MEETING ON, IN JULY.
UH, SO GLEN, YOU WILL BE TAKING OVER, UM, I WILL, UH, UH, REVIEW, UH, AND ANY COMMENTS THAT I HAVE ON THE REST OF TITLE, UM, SEVEN CHAPTER, 1171 GOING FORWARD AND, UH, TITLE, I GUESS IT'S WHAT'S NINE.
IS THAT WHAT WHAT'S THE, UH, IT WOULD BE, UM, 13, WHICH
SO ANYBODY ELSE HAVE ANY QUESTIONS AT THIS POINT THAT WILL JUST JONATHAN VAN AND IT'S NOT HERE AGAIN.
AND HE DID HE NOT BEEN IN CONTACT WITH ME.
AND SO, UH, I SAID FOR ALL INTENSIVE PURPOSES, HE'S NOT AN ACTIVE PART OF THIS PROCESS.
WELL, IF THAT'S IT, THEN IT'S AT NINE 14.
I WILL CALL THIS MEETING IN A GERMAN.