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[00:00:03]

HELLO EVERYONE.

AND WELCOME

[1. Call The Meeting To Order - Mayor Jeff Gore]

TO THE CV RIGHTS CITY COUNCIL MEETING.

THIS IS A REGULAR SESSION MEETING, UH, THAT IS HYBRID REMOTE.

AND IN PERSON TODAY IS SEPTEMBER 28TH, 2020.

WE'RE GETTING STARTED AT 702.

UH, THIS MEETING IS OFFICIALLY CALLED TO ORDER AND OUR NUMBER TWO IS OUR INVOCATION, WHICH WOULD BE BY LAY SPEAKER AND ORD FOR REPRESENTATIVE MR. RANDY HILL.

THANK YOU.

WOULD YOU PLEASE BOW YOUR HEADS, GOVERN EVERYTHING BY YOUR WISDOM, OUR LORD, SO THAT WE MAY ALWAYS BE SERVING YOU IN THE WAY THAT YOU WILL, AND NOT AS WE CHOOSE, LET US LAY DOWN OUR OWN NEEDS SO THAT WE MAY SERVE YOU AND LET US LIVE INTO THE WAY THAT YOU ARE LIFE ITSELF.

WE THANK YOU SO MUCH FOR THIS DAY, FOR THE TIME THAT YOU'VE GIVEN US TO BE ABLE TO DO YOUR, YOUR WORK LORD IN YOUR NAME, WE PRAY.

AMEN.

AMEN.

OKAY.

IF YOU WOULD STAND WITH THE PLEDGE AND LET YOUR TEAM, MR. ROGERS, WOULD YOU CALL THE ROLL PLEASE? MR. SHAW, MS. BAKER HERE, MR. CAMPBELL HERE.

THIS IS VERGE MR. OTTO HERE.

MR. LYONS HERE, MR. HILL HERE.

MR. WEBB HERE, MAYOR GORE HERE.

OKAY.

NUMBER FIVE IS THE APPROVAL OF MINUTES.

AND THESE PARTICULAR MINUTES ARE FROM OUR CITY COUNCIL MEETING DATED SEPTEMBER 14, 2020.

IF THERE ARE NO CORRECTIONS OR CHANGES REQUESTS FOR THOSE MINUTES, THEY WILL SAY AS APPROVED DURING THOSE OBJECTIONS, THOSE MINUTES WILL STAND AS APPROVED.

NEXT UP IS THE, I REMEMBER SIX, WHICH WERE SPECIAL PRESENTATIONS AND ANNOUNCEMENTS.

MR. ROGERS, ARE THERE ANY OF THIS EVENING? THEY'RE NOT IN THE SAVING THERE.

THANK YOU, SIR.

AND HOW ABOUT NUMBER SEVEN? CITIZENS COMMENTS? I HAVE ONE.

OKAY.

IF YOU WOULD, UH, WE RECEIVED THIS BY EMAIL, UH, FROM MR. MANSELL HAGAN.

HELLO, UH, REGARDING ZONING ISSUES.

I'M REQUESTING THAT ACTION BE TAKEN ON THE REPEATED ZONING ISSUES SUCH AS, BUT NOT LIMITED TO ONE VEHICLES PARKED IN YARDS, TWO BOATS AND TRAILERS IN FRONT OF HOUSES OR PERSONALLY IN FRONT OF HOUSES, THREE TRASH CANS STORED IN FRONT OF THE HOUSES FOR DISABLED VEHICLES PARKED ON THE STREET.

FIVE YARDS, NOT BEING BOAT SIX AND ANY OTHER ZONING ISSUES.

THE REINFORCEMENT NEEDS STRONG PENALTIES AFTER THE FIRST WARNING, THE PROPERTY THAT I OWN, IT'S SEVEN, NINE ZERO FOUR AT THIS AWARD COURT AS LOST VALUE DUE TO THE LACK OF ENFORCEMENT OF ZONING REGULATIONS, RESPECTFULLY MANTLE HAGEN.

THANK YOU, MR. ROGERS, UH, HAVE A THING I'D LIKE TO ADD OR PART DISCUSSION MR. SHAW.

I THINK THAT HE'S, UM, OR CONSTITUENT, HAVE YOU BEEN IN TOUCH WITH MR. PAGAN REGARDING THIS MATTER? I THINK WE'RE ON A FIRST NAME BASIS.

MARY.

SO I JUST WANTED TO SHARE WITH US SOME OF YOUR COMMUNICATION OR WHAT YOU'VE TALKED TO HIM ABOUT.

UH, YES.

I, UH, SPOKEN LINKED TODAY TO, UH, MR. HAGAN.

UM, HE IS GOING TO BE CORRESPONDING WITH ME BY NOON TOMORROW WITH A LIST OF ADDRESSES TO FORWARD TO THE CITY MANAGER AND OUR ZONING ADMINISTRATOR.

UM, WE DID SPEAK IN GRAVE LENGTH REGARDING THINGS SUCH AS THE TRASHCAN ORDINANCE, UM, UH, BOAT PARKING IN THE DRIVEWAY, UH, ORDINANCE.

UM, HE SAID HE DID HAVE A CONCERN THE OTHER DAY AT, UH, HE WAS BLOCKED INTO HIS DRIVEWAY, UM, AND WANT TO KNOW, YOU KNOW, WHO TO CONTACT.

SO, UH, I DID GO THROUGH SOME PROCEDURAL AND POLICY ITEMS, UH, THAT WE HAVE HERE IN THE CITY.

UM, IT SEEMED TO PUT HIM AT EASE.

HE WAS VERY CORDIAL.

UM, I DO KNOW THAT HE SPOKE WITH OUR CLERK AT COUNCIL AS WELL, OBVIOUSLY WITH THE EMAIL THAT WAS SENTENCED, UM, ONGOING.

UM, BUT, UH, I, YOU KNOW, I, I DO, I DO SHARE, UH, MR. HIGGINS A CONCERNED ON SOME OF OUR PROPERTY MAINTENANCE AND ZONING ISSUES WITHIN OUR COMMUNITY.

UM, I KNOW THAT'S SOMETHING AS A COUNCIL WE HAVE DISCUSSED.

UM, AND HE DID ALSO INQUIRE REGARDING THE ORDINANCE REVIEW COMMISSION COMING UP.

AND I DID SAY IF THAT'S SOMETHING THAT YOU'RE LOOKING TO HAVE DONE, UM, I'D BE MORE THAN HAPPY TO DRAFT AN EMAIL TO THE CHAIR ONCE IT'S SELECTED.

UM, IF THAT'S SOMETHING THEY'RE LOOKING AT DOING AND, UH, HE ASKED THAT TO BE DONE.

UH, SO IT'S STILL AN ONGOING ISSUE.

AND IF YOU'D LIKE I CAN UPDATE COUNSEL, UM, AND, UH, AS WE MOVE FORWARD, I'LL BE IN TOUCH WITH ROB, UH, TOMORROW, ONCE THOSE ADDRESSES, IS HE LOOKING TO PROVIDE FEEDBACK TO THE OREGON'S? YES.

YES.

OKAY.

THANK YOU.

APPRECIATE THE COMMENTS.

I'M PRETTY SURE THAT YOU'RE DEALING WITH MR. HAGAN AND TALKING HIM THROUGH THIS SITUATION.

[00:05:02]

YES, MR. CAMPBELL.

YES, THERE WAS A RESIDENT THAT MET ME OUT FRONT, COMING INTO THE BUILDING AND HAS A CITIZENS COMMENT WAS UNAWARE THAT WE HAD A DEADLINE OF, I THINK, FIVE O'CLOCK, UH, AND DID NOT KNOW THAT YOU HAVE TO EMAIL THE CITY.

OKAY.

AND HE'S ASKED IF IT WOULD BE APPROPRIATE IF I CONVEYED HIS TWO CONCERNS, BUT I DIDN'T WANT TO BREAK PROTOCOL WITHOUT GETTING PERMISSION.

UM, HE, HE WAS HERE AND TALK TO YOU PERSONALLY.

I DON'T HAVE ANY ISSUES WITH YOU RAISING THIS COMMENT.

THAT'S FINE.

UM, I TOLD HIM THAT I WOULD SUMMARIZE THIS COMMENTS AND HE CAN FOLLOW UP ADDITIONAL COMMENTS LATER, BUT HIS FIRST ITEM IS THE ROSE MUSIC CENTER AND THERE IS A, UH, CANVAS COVERING, UH, OVER THE VIP AREA.

AND HE BELIEVES THAT THAT IS IN VIOLATION OF OUR CITY ORDINANCES AND WOULD LIKE THAT LOOKED INTO.

OKAY.

AND HIS SECOND ISSUE IS THE SOUND DECIMALS THAT, UH, ARE REGULATED BY SOME TYPE OF DEVICE AT THE EICHELBERGER.

AND AT THE LAST EVENT OR ONE OF THE LAST EVENTS, UM, IT MIGHT'VE BEEN, UH, AT A FARMER'S MARKET.

UM, WE DIDN'T USE THE DEVICE AND WHEN IT WAS MEASURED AROUND THE RESTROOMS, IT WAS, IT WAS MORE THAN THE ORDINANCE ALLOWS.

I BELIEVE HE SAID THE ORDINANCE ALLOWS MAYBE 80 DECIMALS AND THAT IT WAS RECORDED AT ABOUT A HUNDRED, TO BE HONEST, I DON'T KNOW IF HE RECORDED THAT OR SOMEONE ELSE DID, BUT HE WOULD LIKE THAT LOOKED INTO AS WELL.

THE, THE WHAT'S THE SPECIFIC CONCERN THAT MATERIAL, OR THAT THERE SHOULDN'T BE ANY ENCLOSURE OR THE VIP SECTION AT ALL, OR DID HE SPECIFY? HE SAID HE JUST FELT THE CITY SHOULD BE FAIR.

AND IF THE ORDINANCE SAYS WE'RE NOT ALLOWED TO HAVE A CANVAS COVERINGS FOR THE CITIZENS, THEN WE SHOULDN'T HAVE THAT.

UM, AND THE SAME WITH THE EVENT AT THE EICHELBERGER, IF WE HAVE AN ORDINANCE THAT REGULATES THE DECIMALS TO 80, AND THERE'S A MACHINE THAT YOU PLUG THE EQUIPMENT IN THAT REGULATES THAT IT SHOULD ALWAYS BE USED, IT SHOULD BE CONSISTENTLY FAIR.

OKAY.

RUBBED, WHEN I REMEMBER WE TALKED ABOUT, UM, I DIDN'T EVEN LAST YEAR, I ONLY WERE DISCUSSING HAVING MORE EVENTS AND PARTICULARLY WHEN STARTING A WHOLE MUSIC SERIES AT THE BURGER, DIDN'T WE ADDRESS SOME OF THE NOISE IN THAT, THE SOUND ORDINANCE THERE.

I THOUGHT WE WERE GOING TO LOOK AT INCREASING THAT BECAUSE WE WERE WORRIED THAT THAT MIGHT NOT BE ENOUGH TO ACCOUNT FOR, BUT I DON'T REMEMBER IF WE ACTUALLY DID SOMETHING AND ACTUALLY PASS LEGISLATION THAT CHANGED THAT.

OR IF THAT WAS SOMETHING WE WERE JUST, WE HAD DISCUSSED AND LOOKED INTO IT.

AND THEN WE JUST KIND OF, KIND OF WENT BY THE WAYSIDE SINCE WE DIDN'T HAVE ANY ACTS BOOKED THERE OR ANYTHING YET.

BUT I DO REMEMBER THAT I DO REMEMBER THAT DISCUSSION.

YEAH.

WE, UH, WE DECIDED TO, UM, TO SEE HOW THINGS WERE GOING IF IT WAS INTRUSIVE TO THE ABILITY TO HAVE PERFORMANCES.

UH, BUT, UM, WITH THE LAST, UM, I THINK WEEKEND OR WEEKEND BEFORE BEING ONE OF THE LAST THINGS OF THE YEAR, AND WE'VE HAD, I THINK ALMOST 10.

SO FIRST WE'VE HEARD OF ANYTHING REGARDING ANY HINT OF A NOISE ISSUE.

MR. CAMPBELL.

I, I DIDN'T GET A NAME FOR THAT INDIVIDUAL.

IS THERE SOMEBODY THAT, UH, THAT I SHOULD CONTACT, SORRY, DAVE THOMAS.

DAVE THOMAS, YES.

OKAY.

DAVE THOMAS, SORRY.

I'M SORRY.

I DON'T SAY NOPE, NO PROBLEM.

I APOLOGIZE FOR THAT.

OKAY.

YEAH.

SO THERE'S, THERE'S NO MORE MUSIC I HAPPEN AT, AT THE EICHELBERGER THIS YEAR, CORRECT? THAT WAS, I DON'T BELIEVE THERE'S ANYTHING.

WE HAVE THE LAST CONCERT SCHEDULED, BUT IF THERE ARE, WE DO HAVE THE PROTOCOL AND LIKE I SAID, IT'S BEEN FOLLOWED IF THERE WAS A, A PARTICULAR, UM, ESTIMATE BY SOMEBODY WHO MIGHT'VE USED SOMETHING, NOT KNOWING WHAT THEY DID.

I, I'M NOT SURE, BUT I'LL, I'LL CHECK TO SEE IF, UM, UM, YOU KNOW, WHAT, WHAT THE STATUS WAS, BUT WE'VE HAD SEVERAL WITHOUT ISSUE OR COMPLAINT.

AND CURRENTLY THAT 10 AT THE VIP IS A FRAME.

THERE'S NOTHING ON IT.

SO I'M NOT SURE.

AND WHAT TO SAY ABOUT THAT.

HE MIGHT, UH, UH, MR. THOMAS MIGHT SEND A TEXT OR AN EMAIL TO ME, AND IF HE DOES ALL FOUR, THAT YOU'RE VERY GOOD.

AND I WOULD ALSO RECOMMEND IF HE'S WATCHING THAT, IF HE WOULD PUT SOMETHING IN WRITING, IT COULD BE SENT TO THE CITY MANAGER.

AND IF WE CAN HAVE MORE FACTS, ALL I'M GIVING US A THUMBNAIL OF WHAT HE SET OUT FROM.

GOTCHA.

SURE.

OKAY.

NO PROBLEM AT ALL.

THANKS FOR THAT.

AND ANY OTHER QUESTIONS OR COMMENTS OR ANYTHING REGARDING YES.

SPEAKER?

[00:10:01]

UM, SO AT THE COVERING HE SPOKE ABOUT, WAS THAT A SALE OR JUST OVER THE VIP AREA? I THINK THE, SO THE, THE PRIVATE AREA AND THE BACK SECTION OFF TO THE STAGE, THERE'S AN OPEN AREA WHERE THERE'S TABLES AND CHAIRS, THEN THE SECTION OF THE PIRATE IT'S COVERED, AND THAT'S A CANVAS COVERING OVER A LARGE METAL TYPE FRAME.

SO I GUESS THE CANVAS IS WHAT SOUNDS LIKE IS WHAT MR. THOMAS IS REFERRING TO THAT HE DOESN'T THINK FITS OUR ZONING CODE.

OKAY.

THANK YOU.

YES.

AND, AND HE STRESSED THAT, YOU KNOW, HE JUST FELT, YOU KNOW, WE WOULD WANT TO BE FAIR.

I DIDN'T GET INTO DISCUSSION ABOUT IF THERE IS AN ORDINANCE, SHOULD WE AMEND THAT ORDINANCE OR SHOULD WE TAKE THE COVERING DOWN, BUT HIS POINT WAS, WE JUST NEEDED TO BE CONSISTENT AND FAIR.

YES.

PART OF THE WINTERIZATION PROCESS, AS YOU SAID, ROB, THAT IT WAS NEVER PUT UP THIS YEAR AND IT'S NEVER BEEN UP, HAS BEEN ABOUT A YEAR.

AND, AND I HOPE I'M DESCRIBING THE RIGHT TENT COVERING THAT, THAT HE SAID, BUT I COULD HAVE ALMOST, I FEEL LIKE CANVAS COVERING OR THAT WE HAVE THROWS.

RIGHT.

YEAH.

THERE'S, UM, THERE'S THE MAIN VIP AREA.

AND THEN THERE'S THE, UM, THE BACK AND THEN WE, WE GET, WE GET PERMITS AND, UH, 10 PERMITS EACH YEAR FOR THAT.

SO I'LL, I'LL, I'LL GIVE YOU SOMETHING.

GOTCHA.

I APPRECIATE IT.

ANY OTHER QUESTIONS REGARDING, UH, MR. THOMAS? HIS CONCERNS AND COMMENTS.

OKAY.

THANK YOU.

SO NEXT UP WOULD BE, I REMEMBER EIGHT CITIZENS REGISTERED TO SPEAK ON SPECIFIC AGENDA ITEMS OR ANY OF THOSE THEY'RE IN AMERICA.

AND NEXT IS I NUMBER NINE, WHICH IS OUR CITY MANAGER REPORT.

MR. SHARK.

YES.

UH, TWO QUICK THINGS.

UH, MAYBE ONE, NOT SO QUICK, BUT, UM, UH, THE FIRST ONE IS OUR, UM, ENERGY AGGREGATION.

UH, SINCE WE HAD OUR LAST MEETING AND LOOKING AT THAT, NOT TO EXCEED THE MARKET HAS GONE UP, IT'S GONE UP ABOUT 5%.

SO THEY ARE LOOKING FOR THAT OPPORTUNITY TO GET IN, UH, WHEN IT HOPEFULLY RECEIVES BACK DOWN AND GET SOMETHING LOCKED IN, THEY'RE HOPING TO GET INTO THE MARKET TOMORROW AND GET IT DONE.

WE HAD AN UPDATE TODAY ON THAT THEY WERE TRYING TO GET IN, BUT, UH, UH, IT WAS JUST, UM, BEYOND THAT POINT.

SO WE'RE WORKING HARD TO DO THAT WORST CASE SCENARIO, IF IT SEEMS THAT THE MARKET SET GOING INTO THE, UH, THE SEASON AND WE'LL GO UP, WE MAY NEED TO MAKE AN ADJUSTMENT.

BUT, UM, OUR CONSULTANT SEEMS TO, SEEMS TO FEEL CONFIDENT THAT WE'LL BE ABLE TO GET IN THERE THIS WEEK AND HOPEFULLY GET SOMETHING ACCOMPLISHED, UM, REGARDING A, A RATE LOCK-IN.

SO UNFORTUNATELY IT JUST DIDN'T COME, COME DOWN ANY, UH, UNDER THE ASSUMPTION THAT IT WOULD CONTINUE TO RISE, BUT THAT HAPPENS IF YOU DO GET NOTICED TOMORROW, WE HAVE GONE INTO SOME TYPE OF A RATE LOCK ON THE MARKETS.

WOULD YOU LET US YEAH, IT IS.

AND IF IT WILL BE, IT WILL BE WHAT WE LEGISLATED.

SO, UM, THE, UH, THE NEXT THING IS, AS I FEEL IT MAY AS WELL, JUST GO AHEAD AND BRING IT UP, UH, REGARDING A, UM, A HOME THAT WAS PURCHASED ON RIO VISTA.

THERE'S BEEN MANY CONVERSATION.

UH, THERE'S BEEN A LOT OF, UM, UH, INQUIRIES, UM, AND CONCERN FROM THERE, FROM THE RESIDENTS, UH, IN ESSENCE, THERE'S REALLY NOTHING IN OUR ZONING CODE THAT WOULD REQUIRE, OR B ALLOW US TO DENY ANY TYPE OF SPECIAL USE.

UH, ESSENTIALLY THERE'S FOUR INDIVIDUALS THAT WILL BE LIVING INDEPENDENTLY IN A HOME.

UM, AND THERE'S NOTHING, YOU KNOW, TECHNICALLY ILLEGAL THAT WE CAN DO ABOUT THAT.

IF THEY HAD CAREGIVERS, IF THEY WERE AS A SERVICE BEING PROVIDED, AND IT WAS LIKE A, A CARE FACILITY THAT'S DIFFERENT.

UH, BUT THIS IS NO DIFFERENT THAN IF SOMEBODY AND I HATE TO SIMPLIFY IT.

UH, BUT WE, UH, WE UNDERSTAND AND ARE ALSO CONCERNED WITH UPKEEP AND ALL THOSE THINGS.

UM, ESPECIALLY IF TENANTS AND HOMES AREN'T NECESSARILY THE, YOU KNOW, UH, MAYBE LONGTERM AND OUR OWNERS, UH, BUT NONETHELESS PROPERTY MAINTENANCE REQUIREMENTS.

THERE'S NO DIFFERENCE.

UH, THEY, THEY CAN, UH, THE, THE COMPANY IS REQUIRED TO DO THAT.

THE OWNERSHIP OF THE HOME IS REALLY IRRELEVANT.

IT'S THE USE OF THE PROPERTY IS WHAT IS RELEVANT.

AND THERE ARE, UH, UP TO FOUR INDIVIDUALS LIVING IN THE HOME, UH, INDEPENDENTLY, THERE ARE NO 24 HOUR CAREGIVING.

THERE IS NO, UM, HEALTH SERVICES, UH, THAT, THAT ARE, UH, THAT ARE ONSITE OR PROVIDING.

THEY ARE INDEPENDENTLY LIVING THERE.

AND AGAIN, IT WILL BE NO DIFFERENT THAN IF SOMEBODY OWNED A HOME, RENTED IT OUT TO, UM, SOME COLLEGE KIDS, UH, AS A, AS ROOMMATES, AGAIN, HEY, NOT THE SAME APPLES AND ORANGES, BUT SIMILAR IN LEGAL TERMS. AND JERRY, IF I SPOKE BEYOND THAT, UH, ANYTHING INCORRECT.

UM, SO WE, WE KNOW THAT THE RESIDENTS ARE VERY CONCERNED, UH, AND WE CERTAINLY, UH, UNDER THE ASSUMPTIONS THAT WAS

[00:15:01]

GIVEN THAT IT WAS GOING TO BE A, EITHER A GROUP HOME OR A, UH, SMALL CARE FACILITY OPERATED THAT WOULD HAVE BEEN AN ISSUE, UH, AND THAT WOULD HAVE CAUSED, UH, CAUSED THE OWNERS TO HAVE TO REQUEST A SPECIAL USE UNDER OUR CURRENT CODES DUE TO THE PROXIMITY OF AN R FOUR DISTRICT, UH, THAT SPECIAL USE WOULD NOT BE PERMITTED.

UH, BUT AS THEY HAVE INDICATED, IF THERE'S FOUR INDIVIDUALS INDEPENDENTLY LIVING IN THERE, UM, IT WOULD BE A, IT WOULD BE PERMITTED.

OKAY.

YEAH.

THANK YOU FOR CLARIFYING THAT.

CAUSE I KNOW, UH, SEVERAL RESIDENTS HAVE REACHED OUT TO ME ALONG IN SOME MS. BAKER AND HAD A CONVERSATION ABOUT THAT EVEN JUST BEFORE THE MEETING STARTED.

SO CERTAINLY CLARIFICATION AROUND THAT ISSUES.

APPRECIATE IT.

I'LL CERTAINLY REACH OUT TO THOSE THAT HAVE CONTACTED ME.

AND IF ANYBODY ELSE HAS TALKED TO ANY OTHER, UM, CITIZENS, WE CAN LET THEM KNOW WHAT THAT SITUATION IS.

OKAY.

I THINK IN THAT CASE, I THINK WHAT IT ACTUALLY IS VERSUS WHAT WAS THOUGHT IT WAS GOING TO BE, I THINK IS TWO ENTIRELY DIFFERENT.

UH, YES, BUT IT'S YEAH, TWO DIFFERENT SCENARIOS, BUT, UM, BUT THERE'S NOTHING WRONG.

HOPEFULLY EVERYBODY SHOULD HAVE AN UNDERSTANDING OF WHAT THE LEGALITY OF IT IS.

SO IF IT DOES BECOME CARE HAPPENING, YOU KNOW, SHIFT CHANGES MORE THAN IS IT FAR, OR IS IT, WHAT'S THE LIMITATION ON THE AMOUNT THAT CAN LIVE INDEPENDENTLY IN THAT SITUATION? I JUST WANNA GET AS MUCH DETAIL.

SO AS WE SPEAK TO THE RESIDENTS, WHO'VE QUESTIONED THIS OR HAD QUESTIONS ABOUT IT.

WE CAN GIVE THEM BACK AS MUCH DETAIL AS POSSIBLE FOR, FOR WHAT THEY ARE LICENSED, WHICH IS FOR A HOME FOR DEVELOPMENTALLY DISABLED INDIVIDUALS.

UM, IT'S FIVE OR UNDER, THEN IT GOES UP FROM SIX TO EIGHT, THEN THAT'S A DIFFERENT TYPE OF CLASSIFICATION WHERE YOU CAN HAVE SOME VARIOUS ZONING REGULATIONS COME IN AND THEN ONCE IT GETS BEYOND EIGHT, THEN IT'S MORE LIKE FACILITY THAN IT IS.

BUT IF THEY WERE TO ACQUIRE IT, IF THERE WERE MORE THAN FIVE PEOPLE LIVING THERE, FIVE OR MORE, WOULD THAT REQUIRE NOTIFICATION TO US AND SOME TYPE OF A SPECIAL USE ZONING OR DOES IT HAVE TO GET TO THE YES.

THAT THEY'RE APPLYING FOR A LICENSE WHERE IT'S ONLY GOING TO BE UP TO FOUR.

SO, OKAY.

SO ANYTHING BEYOND FOUR, COME BACK AND GET A DIFFERENT LICENSE.

OKAY.

ALRIGHT, MS. BERG, IF I MAY JUST HURT GARY, RIGHT.

AND HE SAID THAT THEY COULD AFFORD WITHOUT A LICENSE.

NO, TH TH THE LICENSE THEY'RE APPLYING FOR FROM THE STATE ALLOWS THEM UP TO FOUR.

IF THEY WOULDN'T HAVE MORE THAN FOUR PEOPLE LIVING IN THE, IN THE, IN THE HOME THEY'RE PURCHASING, THEN IT WOULD REQUIRE A DIFFERENT ZONING TYPE THAT WOULD BE SOME TYPE OF SPECIAL USE ZONING.

AND THAT WOULD HAVE TO COME BACK BEFORE THE CITY, BUT THE LICENSE THEY'RE APPLYING FOR FROM THE STATE IS ONLY FOR FOUR OR LESS.

OKAY.

UM, MY QUESTION TO YOU AND WE HAVE MANY GROUP HOMES IN THE CITY, SO IT'S NOTHING NEW.

UH, BUT I WAS WONDERING IF, AS THE NUMBERS INCREASE IN THE, IN THE RESIDENT THING, IS THERE A, JUST A STATE REQUIREMENT? SO WHEN YOU SAY THE NUMBER INCREASING, IS THAT THE NUMBER OF GROUPS, HOMES, OR THE NUMBER OF RESIDENTS INSIDE OF ONE SPECIFIC HOME? YEAH.

IF THE NUMBER INCREASES, LIKE IF IT WENT UP TO EIGHT OR SOMETHING, WOULD THE SAME REQUIRE IT BEING A MUCH BIGGER FACILITY? WELL, THEY WOULD HAVE TO ASK FOR, IT DEPENDS ON THE TYPE OF HOME.

IT IS FOR THE HOME, FOR THE DEVELOPMENT DISABLED, THE REQUIREMENTS ARE BASICALLY SIX TO EIGHT AND THEN EIGHT AND ABOVE ARE THE ONES THAT ARE MORE REGULATED.

WHEN IT'S SUCH AS THIS ONE WITH FOUR PEOPLE, THEN THERE IS NO REGULATIONS.

IT'S JUST CONSIDERED A REGULAR FAMILY HOME.

THERE ALSO HAVE DIFFERENT RULES FOR HOMES, FOR PEOPLE THAT SUFFER FROM MENTAL ILLNESS.

AND THEN THOSE IT'S BASICALLY ANYTHING ABOVE FOUR.

THEN YOU HAVE DIFFERENT ZONING REGULATIONS.

SO THE STATE REGULATES NOT ON JUST GROUP HOME, BUT WHAT THE TYPE OF DISABILITY IS FOR THE HOME.

AND THEY HAVE DIFFERENT RULES THAT APPLY TO A GROUP HOME, A RESIDENTIAL

[9. City Manager Report]

FACILITY, A DEVELOPMENTALLY DISABLED FACILITY.

SO THERE'S ALL SORTS OF DIFFERENT ZONING RULES.

SO FOR THE NEIGHBOR, FOR THE NEIGHBORHOOD ISSUE THAT WAS WRITTEN, THEN THEY FEEL CONFIDENT THAT THAT THE ONLY FOUR PEOPLE WORKING IN THERE.

YES.

OKAY.

YEP.

SO THE LICENSE, THE LICENSE THEY'VE APPLIED FOR THROUGH THE STATE ONLY ALLOWS FOR RESIDENTS.

AND I THINK THAT'S WHERE WE'RE LOOKING AT IT FROM, YOU KNOW, WE DON'T HAVE ANY LAWS THAT SAYS FOUR NON-FAMILY MEMBERS CAN LIVE IN THE SAME RESIDENCE.

WE DON'T HAVE ANY, WE DON'T HAVE ANY

[00:20:01]

REGULATION OR ORDINANCE IN THE STATE.

HE WRITES THAT DOESN'T ALLOW THAT MY UNDERSTANDING IS THAT'S ALL IT IS FOR NON FAMILY MEMBERS THAT ARE LIVING IN THE SAME RESIDENCE.

OKAY.

THANK YOU.

YEAH.

AND JUST FOR CLARITY, AGAIN, IT SOUNDS AS IF THESE FOUR INDIVIDUALS AND PARDON ME, IF I'M, IF I'M NOT TERMING THIS PROPERLY, BUT THEY'RE NOT, UH, SEVERELY DISABLED TO THE POINT THAT THEY REQUIRE IN HOME CARE OR THAT TYPE OF SERVICE, THESE DAILY FUNCTIONING INDIVIDUALS WITH MINOR DISABILITY, THIS