some of the joining communities have
more restricted access to their
facilities some charge fees uh the city
has not done it and uh some of us were
approaching IT staffing level more of an
open mind uh it's a new facility it
really looks very impressive uh the
weather is also going to be slightly
warmer than we probably like so I assume
the utilization in the first days is
going to
uh T some of the limits to handle it and
then we'll just see how it goes uh from
that uh in terms of the actual hours and
Staffing but some of the fees other
access issues there still the prodct of
the city council and uh not like for the
Central Park pool but the uh rest of the
pools in the city or some of the other
uh facilities that we offer
who's
next yeah I was going to say yes it does
look beautiful and I think that um
really proud of this project I I would
say um sustainability of of the project
is going to be really key so I guess you
know what would be ideal for me and I'm
saying this without you know really any
um information to support at this time
to the m point we're going to there is
going to be a
level kind of seeing how things are
going and then being responsive to what
we see but um I you know my initial
thought would be not to charge residents
of the city but people who don't live
here who are coming here to you know to
will be there be some small fee there
that's probably not and I know that
happens in other municipalities um the
only thought thing would be I know it
cost the city uh something to enforce
those fees and like all like so I'll
just you know look at that cost benefit
piece there but that's what I would
be comfortable
with okay mfield so um do
we has the parks department come up with
anything that they' even considering um
what those fees might be and who would
be charged um is one of my questions and
the other part is there signage that you
know rules of the pool essentially is
that all in place for this weekend I
hope so you don't know hav been up to
look at they tell me the signages up
uh and uh currently we don't charge
anything Mr Farley's Point uh there is a
cost in terms of collecting that and
some of our neighboring communities are
far more restrictive in terms of access
to their
facilities and so we we'll consider
what's what's reasonable for us to do
but I have to agree that um to charge
residents I don't yeah people you know
um because people are really looking
forward to it and they're not looking
forward to like being sto at the gate
for a dollar whatever it's going to be
yeah I was I actually also would support
not charging residents I just wasn't
sure if we were going to have a
non-resident a non-resident fee but I
like the idea of you know opening and
see how things go um in terms of
Staffing are we all set with the
lifeguards and all that we will be by
the time we open okay and then oh Mr Toro yes
um so residents absolutely children free
um no charge um how do they prove
they're a resident folks don't have a
license and maybe they don't have a um
an ID where we looking for the for the
Youth to provide a student ID um to get
in because they might have one from
school so what happens um Saturday the
gates open
well it's up to the C yeah we have
generally used student IDs from the
school district in past summers for
access to Central Park Pool and the
other facilities assume that that's
going to continue okay City the past has
had a
recreation ID that was uh used for the
tennis courts the golf course and other
facilities that had uh shifted so that
even though there's fee structures on
the books for the ten courts those are
not collected uh the golf course set up
is where there is a fee structure that
is uh 100% enforced that becomes a self-
sustaining entity MH we used to get a a
photo at the place in Central Park where
the AL um we used to be able to get a
resident photo there for for the golf
course and other things that we were
participating in city um so say um you
know a young child shows up with their
mom and their mom doesn't have anything
this weekend can they bring the niag Mok
Bill I just thinking I sometimes you
bring that to um to the golf course to
prove you're a resident you know a bill
so I just you know want to make sure
everyone that's entitled to get in there
to swim this weekend and get in to swim
so well but this weekend we're not
asking anybody for anything right is
that correct okay
the having said that the Boys and Girls
Club is going to use the same procedures
that they used last year in Central Park
where they still have
to uh validate the number of people who
are actually in the pool area because
that dictates how many lifeguards we
have to have on duty and so they have
collected the student ID or some
counting procedure as people come into
the the facility and that will still be
used just as it was uh in Prior years
but we're not looking to restrict
anybody in terms of their access other
than there may be a quantity issue where
uh we would limit people because the
capacity has been exceeded to match with
lifeguards that makes
sense Mr Williams but I'd also like to
comment so to miss uh D Toro's Point
like of how do you manage that fee
structure and the collection of it I
don't know if I agree well I don't agree
but doesn't agree either I love that
quote my train thought with
theur um uh excuse me so one with the feast structures um
wow my
fault best
friend yeah no someone else has a
question maybe it'll come back maybe
it'll come back to you Mr M yeah the
hours of operation currently what are
the hours for the pools that we have
currently in the contract I believe it's
like 12:30 to 6:30
12:30 they do some swiming
lessons in the morning before that so it
wouldn't be it couldn't be open on a
restricted
basis Central are we talking the
central I think he's
ready oh sorry one second Mr Williams so
12:30 to 6:30 for the current pool that
we have so we're now looking to have the
same time slot for the Central Park Pool
we're looking more of early
morning no those are the public hours
there's some swim lessons that they have
scheduled before the opens the General
Public and in terms of security um we're
talking about um cameras and en personal
security is that will be available
yes okay um Mr Williams are you yep okay
so say I wanted to also just have a
reminder and correct me if I'm wrong Mr
Mayor uh the emphasis with using a
considerable amount of the or dollars to
create a new resource was to help with
the exploding maintenance fees to where
it currently was in
effect say that again where the tal Park
Pool currently was it was just a
difficult uh resource to manage just due
to the the the Aging filtration system
uh and among other issues with it being
closely uh near the some of the animals
that live around there so wanting to re
uh move it should help with
controlling some of those maintenance
and and preventative maintenance costs
in theory to some degree we basically
had no filtration system on the original
pool it was refilled every day it's our
ability to
generate uh very large quantities of
high quality water at a very low
price uh
so some of that uh will be reduced but
this pool
by its nature where you're recirculating
the water you do have filtration systems
better controls there will be uh more of
a maintenance issue in terms of people
monitoring uh the systems
and uh again there will be some upkeep
on those systems to maintain the high
quality of water and uh the overall
character of the
facility I think um one thing I just
want to add just from going up there a
few times this past week um remember
that part of the project also had to do
with the lighting and the roadway and
parking access um it looks like there's
about 36 additional parking spots I I
was trying to count them as I was
walking so I didn't get an exact number
but um the lighting is going to really I
just feel very significantly um increase
some safety um at night time in that
part of the that I mean this is just me
and anecdotally saying but I mean it
looks really great so I encourage folks
to go up there uh and check that out but
I just it's it's world class and mean
there's no doubt when you see it and so
I just really am hoping that whatever we
can do security wise um we'll you know
help keep the the buildings the bath
house is just fabulous looking um I
won't be here tomorrow I mean everyone
knows that there is a it's tomorrow
morning I believe is the uh ribbon f
um so I hope that folks can get up there
uh for that as well so Mr Williams so
I'd say two points one Mr Mayor if you
wouldn't mind speaking I've heard myself
I imagine it's the same for other
council members people have walked up
definitely uh laed at the new facility
it's going to be there and like that's
only parking there so I know this is the
first phase of the reconfiguration of
the park but then uh second I wanted to
just point out I know there have been
ongoing conversations now about security
I think part of it is also challenging
the community there are often times
comments of this is why we can't have
nice things and I want to ensure that
there's also an equal responsibility
placed on our community residents of we
can continue to make these Investments
not only in our Renovations of
properties throughout the building but
also making sure that the city is and
remains economically viable but if we
are are chasing ourselves with having
additional costs such as vandalism uh
that makes it difficult to continue
these types of efforts so I know that
there are preventive ways you go about
that IE surveillance cameras and also
with maybe increased police uh um uh
patrols throughout the area but but I
want to ensure to Mr um Farley's Point
let's let's see how it is and then
respond rather than putting in place
some safeguards that might not
necessarily be
needed yeah I think I think that's what
the mayor was um indicating in his
opening remarks that that would be what
we could trying to do so I appreciate Mr
Carly and Mr Williams following up on
that Mr Toro um and I'd like to up to
you of course your committee bring it
back in two weeks and think about how
we're you know my biggest concern is is Mom or Dad can't bring
me I'm Grandma's from out of town and
now she you know she so it's up to the
council you know to work on to decide on
how we're going to move forward with a
fee structure and and things like that
actually the fee structure part of it
should really come out of the its
administrative function so they it's
like with the golf course they we don't
create the fees they come to us they
create the fees and then we say you know
yes or no so really it would be the
parks department we don't really have
the capacity to do that it would really
need to be the folks who work here on on
a you know daily basis and you know
obviously we can provide suggestions but
creating the fees and all of that is
something that with this Administration
way to
function and how it's done with all the
other parts with the life cards with all
of that great other question well the
end result is solely the proga of the
city council so you know one example for
this swimming pool is it is now designed
for competitive swimming events
yeah those type of things may increase
our staffing costs or monitoring it so
do you want to have those free for City
students uh would there be a fee for any
group that's coming in doing a
competitive swimming event uh do we only
charge people outside of the city so
there
are things there again in terms of the
policy decision it's only the
prerogative of the council the policy
yes but like the fees I don't know how
we would you know or even how to how to
like do like with the boys and girls
club they came up with the process of
how people um show ID and and how to do
um and get in so because we hired them
to uh to do that
so I would think I don't know there's um
I know there's not a Parks director
right now but I'm assuming there's other
staff that would still be able to um you
know provide us with some gu guidance on
where we start with this I I think
that's a good suggestion um especially
when we start talking about tournaments
um and what will happen because again
it's definitely set up for
that as well so that would be
outstanding if we if we could have 10es
i' go wouldn't be a be in
one so can we ask that um we get a
recommendation sure um around some of
these policies just like tennis um
although it's not being enforced but it
will
be I think you all know how I feel about
the tennis uh fees so um yeah I think
that and and the same with the golf I
mean we do get that presented to us um
for discussion and and approval so um is
that something that we can do okay thank
you um Mr Farley just what a good
problem to have that we have this
beautiful asset in the middle of our
city that's going to bring people um to
see how amazing our city is so I just
it's good it's a good problem to have I
look forward to working with the councel
to help figure it out good stuff I agree
thank you is there any other business to
come for health and
Recreation okay I look for a motion to
adjourn so move um
second second okay all in favor I I
thank you thank you I'd like to call the
order City development and planning we
have 14 items on the agenda the first
item is to issue the issuance of re
revocable permit number
685 to social hospitality group Mr
wall AP I left my packet on my desk so
I'm just going to go through from memory
on all these so the 685 social on state
that was a permit that was brought to
you prev the insurance and the property
owner so we were working with the
property owner on making sure that all
what's that you no I wor about just um
and so now the applicant is the owner
and the names are the simp more uh as
what's going to be on the insurance
which was the issue so we should be okay
with the issuance of this part
now there any
questions move second all in favor I
thank you item number two the award and
bid contract for the Simons Lake wall
restoration yep um this was a project
that is uh an ARA funded project as well
as a Sam Grant funded project um it is
for the restoration of the historic wall
at simons's Park um the project was
scoped uniquely where the city will be
purchasing and providing materials and
the contract is essentially for labor
only um so the idea is this uh the
company Jaan construction out of New
York um City they will be coming up and
Performing essentially masonry only work
to repoint um modify the wall repair the
wall and install pre-cast concrete caps
the city will purchase the preast
concrete caps and then the needed mortar
and uh grout for the for the project we
did meet with them on site uh we did
call five references because we weren't
familiar with them and um they seemed
like they they had their act together
they have worked for other state
agencies um they are working in almany
right now um it's a small family-owned
company uh they are an MBE company and
they're looking forward to doing work in
the city uh we actually took them into a
couple areas to look at other project in
the city because to have uh Masons is
something that is a skill that we we're
looking for for this kind of stuff so
we're comfortable awarding it uh the
price was competitive
and we'll see and this money is already
in the ARA line for this
project Mr can you just tell us a little
bit about the timeline for this work
well the timeline they are ready to go
because they're labor only so what we're
doing right now is I'm working with
Sarah and purchasing on the cat
what we were concerned about was the
costs we didn't want to order 420 caps
and then this number come in out of
budget and then we have caps and no
labor so uh we wanted to try to get it
so we have this number we already had
the quotes from a local company that
specializes in pre-cast and we don't
need 420 caps tomorrow we just need them
to start making the Caps so Sarah's
already contacted their person uh
earlier last later last week about
getting into the caps and then the other
materials are common shell materials so
right now we're just waiting on the
Caps well I I don't have a schedule
we're hoping fall I don't think this is
a project you want to do in the dead of
the summer because you know you're
exposed you're out and uh I don't I
don't think you know you want to do
something more 100 but if we can get
some of the caps on we're going to store
the Caps uh right next to C and's yard
there uh in stams and then just start
picking away at and working forward they
anticipate once they start it's going to
be around probably I think a sixe
project for okay so
thank any other
questions a motion so second all in
favor item number three award and bid award bid and contract for the
northberry street Plum station exterior
so this is another uh harpa funed
project so as you're aware we have a new
northberry pump station uh that has put
the existing or the previous North fairy
Pump Station uh as a a abandoned city
facility the building is historically
significant and there was money approved
to make sure that it does not get into a
state of disrepair um the building is
okay presently but it's not great so
what the funding for this building is
essentially seal the envelope we're
going to be doing the windows similar
that we did at City Hall removing the
windows restoring the windows replacing
any Rock uh reglazing the glass putting
the back we're going to be replacing the
roof um the reason for the roof is that
the roof right now has over a dozen
penetrations for various Vents and
systems to come through because it was a
pump house we have the vent we're going
to remove all of those vents fill in
where we can with concrete steel and
masonry and then do one flat roof with
no penetrations so that will really seal
the roof off a lot better to go to the
parit we're going to remove all of the
stucko from the building cuz if you look
at the building the building is a series
of Patchwork cuz stuckle was put on in
various years so we're going to remove
all of the stuckle down to the masonry
block and then redo the stucco paint the
building so it'll look from the outside
like a preserved building the inside is
a different story but from the outside
it'll be weather tight and preserved and
I know that the Stockade Association is
working on lining up funding to try to
address the interior of building but
this money is for the exterior of the
building have we already done some work
on this and started this process any
work at all in the ex area no not not to
mind out as Paul might have years ago
but to mind know it's just it's there
it's just a building and once again is
one of the tricky situations that we're
trying to work with Stockade is the
reason that we built a new building or
one of the many reasons was is that that
building was determined to not be um
cost effective to flood proof because it
is in the flood plane so we built a new
building that is flood resilient um so
this is fine and I know that we haven't
had any issues there but making
significant investments into the
building will be a complex subject going
forward because that is why we abandoned
the
building okay any any questions all
right on a motion so second all in favor
I thank you and uh the fourth item is
city council to assume role of Seeker
lead Agency for the mobile haror I have
a quick I'll try to make a brief just
presentation to just show you where we
are with this because it's part of the
process okay sure
okay so I don't know how many of you are
aware of this project I'm sure you're
all aware of in some part of me but it
is a rather older project um that was
done preco and it is something that we
have been pushing along slow and
steadily sense then due to all the
development really at Mohawk Harbor so
um just to go through I I'll be quicker
than this but we're going to I'm
presenting it here I'm hoping to catch
some publicity from possibly the the
paper just to get it out there what
we're doing we're going to have a public
meeting next week at the Landing which
is an official public meeting uh and
then hopefully from there you know we'll
get some input and then we're just going
to move forward with the process of the
project so the overview is um the city
receiv CFA br in 2019 for the creation
of a dot gameway in Plaza with path so
it says um the idea was to create an
access point to the river I don't know
if many people realize it but even
though we are a river front Community we
do not have any docks or points of
access to the river other than the parks
so it's kind of unique when you go to
other uh Riverside communities they
usually have docks and we do not um
there was a talk um several years ago um
about putting a dock in Riverside Park
but uh we ended up being controversial
people didn't want the idea of a dock
down there so this is a dock with an
Upland Plaza and I will get into the
location a little bit right here you'll
see the location is we have uh an arena
we have the future hotel which improved
um parking lot would be here parking lot
Arena and then that is our Plaza and
those are our docks and that is the RPI
research facility so as I'll get into in
a little bit there's a reason for all
the delay um the project 2016 we put in
some access
2020 we got the grants with this concy
match of
15% um that's typical on these kind of
projects you know
855s uh City released to design an RFP
in 2021 after Co working with MJ and
what's called waterfront Solutions so MJ
is essentially handling all the Civil
work and then Waterfront Solutions is
handling the dot work they're a DOT
company they also did the harbor for G
um did a bath metric survey that is a
survey of the river read uh in 2022 the
project was paused and that was we we
rushed we got to a point and then it was
Aquatic Center I was like okay where's
the Aquatic Center going to go and it
was never mind not an aquatic center
arena it's like okay where's the arena
going to go so we actually had a spot uh
picked out and in South there I can show
you where we actually were going to put
the the docks here mhm um and we had a
plan laid out and then the arena came
forward and it was weight and so we
didn't want to move it anymore so we
waited until planning approval and
everything was set with the arena and
then we found out nice little spot in
the middle the Nic thing about this
location is that we are by a turnaround
we're by parking the glassi group is
said that that would be public parking
they will allow people during the day to
park there uh you know not event
notwithstanding but you know there
probably won't be event 24/7 and we are
directly adjacent to the Alo Heritage
Trail so this will both be a Overlook on
the trail and the landing and we'll have
parking and a drop off um you know be
honest this has to be publicly
accessible and probably get into that
but people who know the area I do not
see this going to be a full access dock
for recreational purposes the reason
being is of the gang way the gang way is
going to be quite long to get down from
the shore to the water and across the
street by the lighthouse if you're
familiar with the area it's the easiest
launch in the area there's nothing
easier than that you park you launch
it's 10 ft you don't go down the gameway
so I think that for people wanting to
see the river and be involved and be by
the water and fishing and all that but I
really don't think that people will
kayak and Hike their kayaks down and
things like that unless it's for the
novelty of it because it is it is a
slope um so the project the one stage
like we said is the plaza which we're
calling the plaza The Landing it's small
5,000 ft it will have lights it will
have signs benches we are looking at
very attractive welcom is concy because
you have to understand that this is
going to be now a new entrance way for
the city this is going to be a Gateway
we are looking at you know people who
are called Loopers who come from all
around the country this is going to be
allowing them to stop and go to
connected so we really want to make sure
that we have a nice anchored site here
that shows you where they are also we
are talking with a Riverfront Cruise
company that does small Riverfront
cruises of 40 people on boats you know
we're limited by the locks so they would
come in so this this is something that's
important we're trying to make sure that
we're working and we're also
incorporating this into our dri wayf
finding because that also is going to
connect to downtown so there's a lot of
irons in the fire with this this will
have water this will have sanitary we
are not getting into fuel fueling is a
whole other animal we're going to allow
the yacht club in places like that to
handle fueling uh parking look say we be
at the um there's a better idea you see
the passenger drop off the trail and
then the U the area itself we are going
to have electricity you're going to need
a large Transformer we'll try to
landscape that make it as pretty as
possible these are some of the things
that we were looking at you know just to
say ventes that we are actually moving
away from the arch but they took a
picture of it we are moving away from
the arch style um one of the things to
point out is uh this one right here uh
I've been to marinas before uh my family
and that is something that we are going
to have to talk about and discuss going
forward is what is Public Access what is
not Public Access I'm proposing that the
docks are publicly available from a time
to a time and that it is posted and that
after a certain time it could be sundown
most likely uh the gate is locked and if
you have a boat there you're have a code
because one of the things that you're
going to see is if you actually look at
the river sometimes you will see million
doll boats multi-million dollar boats
and we want to make it safe environment
that somebody feels and the voting
Community is a very tight Community
especially with internet social media
forums uh we really are looking for it's
open it's signed it's a public amenity
and the sunlight come on down and then
at night time you know what we're going
to close it off we don't want people you
know down on the docks it is a little
tough to see we are going to have
cameras in security we are working at
getting a dock management company but I
just don't want you to think that is
something that we're looking at is uh uh
and it's very common at commercial
marinas with this type of public um so
the project just it's two projects it's
two contracts that's what we're saying
to Dock and it's a plaza so they're
awarded differently they'll have to be
progressed differently so we've already
talked with the permitting we've got a
lot of the permitting done this is the
secret portion we're now going to reach
out to all the involved agencies and
talk to them about making sure that
they're okay with it we have uh stamp
plans uh right now we're just going
through all of the finals on it for the
doc company
um and then we'll be done with seeker
and then hopefully we issue a
declaration later this year and then
we're out to bid like it says in August
we look in August we're going to have a
lot of manufacturing time because these
are custle very large docs uh and then
as it shows doc delivery and do
construction of next year we are one of
the things just to also point out that
we are struggling right now with
schedule and when docks go in and when
they wouldn't go in we are looking at if
we can get docks in in this June July
time frame it might make it worth it to
put them in next year the arena will be
substantially complete you're going to
be working inside but we do not want to
put docks in towards the end of the
season because it's a lot of work to put
them in you're using them for 3 weeks
then we close so the timing of it is
fluid of when we're really going to get
it in uh the plaza similarly Plaza a lot
of this is going to be uh driven by the
arena which is adjacent CU we don't want
to build a plaza and have a construction
site around it we like to do and the
hotel hasn't even started yet so we have
bi-weekly coordination meetings with
gesi and the hotel and these are the
things that we're tracking so right now
say it's a similar path but this doesn't
have as long as the lead time is
constructing of a dock uh and I guess in
conclusion I guess is just want to get
out there that we're going to have a
public meeting Wednesday the 26 4:30 at
the Landing Hotel we chose the Landing
Hotel because we were looking for a
place on site somewhere we're trying to
get people involved the problem with a
project like this is It's essentially
for transient people um you know the
people that will be using the facility
the most are not residents uh residents
will use it for fishing and things like
that but we do want to hear from people
so we're looking at having a public
meeting uh 4:30 uh at the landing and
then um like I said I think it's a great
project it's has a lot of fingers in
everything else um and I'm looking
forward to getting people's comments on
uh I the other thing that is it is
expandable um 360 ft is what we can
afford today if we find that the amenity
is used and utilized we'll have to look
at expanding uh the do you can expand it
uh to the north of the
river so
questions I think it's a terrific
project I mean I think it's something
that we've been waiting for you know in
terms of the initial design of the
entire Mohawk Harbor and um I'm excited
I'm very excited about it so looking
forward to seeing its completion and
there might be people in the apartments
down there that might want some of the
do space that are residents in other
words yep and so we were going to have
the meeting in the harbor house but we
thought if we had it there it would be
too convenient and we would overwhelm
their community room so um our our
partner our friends at gie and Metroplex
we arranging the the uh the hotel which
has a larger space for us to be able to
use and this is really going to be a
partnership project unique to what we've
ever done because the the city will be
the owner of the Docks but we already
have a memorandum of understanding with
the with the gesi group to help you know
operate the docks we're going to have to
store the docks these docks canot be out
in the winter time they'll be floated
and stored uh within the harbor we're
believing um you know we have uh the Dr
that we're working on like I said
Danielle's here for you know show the
support of Metroplex uh with these
projects and and uh I we really think
that it could be a great way to just
promote the city to the Waterfront
Community because we're just very
uniquely we're uniquely positioned on
both the river and the bike path and
this is the river and the bike path
together so that's
great s are you anticipating any
concerns from the public um I'm not I I
really don't
have because the way everything came
together uh the original plan like I
showed you when we were little more the
parking was a little farther away the
path was a little longer things were a
little bit but with the the new spot
where we are with the drop off and the
parking and the way it kind of
integrates into the site I I I really
think it's a it's a wi I really like it
um I don't see what people would I
haven't figured out what people would
push back on yet other than they don't
want big boats but you know they're not too noisy and they're in the
river so I and this is a commercial area
there's not you know that's not a
condominium it's not an apartment
building it's a hotel um so I I think I
think it will be
positive well thank you any answer my
question was not own it you said to so
this is just for right now for secret
purposes you know for sending out the
letters and all that we'd like the the
city to declare a lead Agency on this
project and then we're going to move
forward with our uh determination and
reaching out to all the interested
parties so I just wanted to kind of loop
you guys into
information before thank you for that
any
questions a motion so move second all
those in favor thank you
Mr all right item number five VAP and
smoke shop uh zoning ordinance
Miss okay it's okay uh Miss president
I'll take I'll take this um in your
package this past week you've got a
revised uh uh uh ordinance um the
comments came back Pur sooning to the uh
General Municipal law from the county uh
Planning Commission with their comments
and uh there were uh uh which are
highlighted in in the package I gave you
in red um and that
uh they just had a couple of questions
really minor minor revisions to the
overall text of the uh of the proposed
ordinance
um the uh minor edits and comments of
the pros ordinance were attached the
Reds the Reds uh were the items that
were deleted the yellow items are the
ones that were the suggested language um
they had a couple of questions in the
definition section um what was added
what was included in there is some uh
medical marijuana and another Mar want a
uh a definition they said it's not not
in the rest of the the code the reason
those were put in there in case you ever
want to build off of this particular
section of the code regarding cannabis
operations so those definitions are
already in there and that's how come
it's not referenced in there but in case
you ever want to build off of it
definitions are already included and
then in the last part of this the last
page uh dealing with the uh ammonization
um uh oversight on my part that language
came from our City Zoning code dealing
with adult establishments um that that
reference wasn't deleted it should have
been was deleted um regarding the issue
of amortization I know there was some
discussion on this on this the last time
and what it means is that if you adopt
this ordinance you the the vape shops
that are in those areas that you've
declared them not to be legal um would
have one year to wrap up their business
now if they wish to extend past that one
year then they would have to go to the
zoning board of appeals to prevent uh
financial information as to why this
would be a hardship and they they can't
abide by that onee uh deadline so
there's an appeal process through the
zoning board of appeals that language is from as I indicated from our zoning
code dealing with adult businesses so
that same type of appeal process is
already in our code and it's just placed
into this uh section regarding Vapes
shops smoke shops Etc in the alternative
if you just wanted to not get into that
and and just have these establishments
stay past that one year then they'
become a legal non-conforming use what
does that mean they can stay as long as
they're continuing an operation as a
vape shop but if if they vacated it then
whoever came in would not it's not zoned
for that particular
use so if you want you know it can be
the language there can be changed in
which it will become a legal
non-conforming use for after one year um
or on the alternative you know keep that
language
regarding mization in there uh for for
uh for it so it's really up you but it's your option I know there was
concern discussion last time so I just
want to flex that a little a little
bit so I I I do have a concern about you
know after a year saying you have to
prove that you're financially that you
need to stay here so um I essentially
think that's that's that's an
opportunity for us to put people on the
business where they currently are if
they're there legally so um I I have
concern about that and I think that I'm
just to have them stay with the um then allowing them to be there and
not have to come before the zoning board
every year is is the way that I would
prer that we approach this particular um
uh situation with these establishments
but obviously input from the other
council
members I mean the language we could use
I mean if we wanted if you wanted to go
down that route and delete that
particular portion it would be that all
such facilities or establishment
lawfully actually operating open to the
public on the date of the adoption of
this particular order shall be permitted
to continue as a legal non-conforming
use and all others will be declared
unlawful prohibited so and our Zone law
deals with nonperforming uses and what
if they're discontinued
it it would if there's a discontinuance
if it's not continuous operating then it
would revert to it would be a
non-conforming use the new outfit
Mr Williams So to that point is the
non-conforming use extended to the
business or to the business owner youan
if the business no it's the business a
jobs or meant to to like a singular
business it's the type of business
that's gone in
there it's it's the type of business and and in the definition the definition
section covers all that so I I know it's
it would be the type of business okay
thank
you so suggestion is to keep the current
language that we have we're not putting
them out to business it's just they will
have to move up the year into so approve
the approved area that is zoned for this
so I think there is opportunity for them
to kind of like work until they are
ready to move into the approv area
and that is own for for V and smoke
shops so I I think what comes into play
here is how many vape shops are there
how much room is there in these um in
these approved areas because we have a
there's a distance right they they have
to stay apart so if we're limiting the
area and within that area we're limiting
the proximity that could impact
businesses if there's enough businesses
like and then we run out of space what
happens to those individuals so those
you know are are also part of my
concerns because if we do that and
essentially somebody would have may have
to go at business
so well they're allow to for a year
extension they would have to they would
be allowed to operate from one year from
the from the when you adopt this
ordinance say July 15th or whatever one
year they can continue after that one
year if they wish to remain in business
um a form would need to be developed for
the go before the zoning board of
appeals for them to demonstrate
financial hardship as as to why they
should be allowed to operate for a
period of time after the end of the
after the after that uh oneyear period
in their current position in their
current
position well last count there were 39
smoke shops um in the city plus we know
that more have developed and popped up
and um don't have proper um you know AR
aren't properly documented on the books
to even operate so I noticed one the
other day with with the windows were all
sealed up and it's got a big sign in in
the window 8m but it's the dragons or
it's a smoke shop but anyway um so I I'm
in in in agreeance with to leaving it
that you know they'd have to come before
the board of appeals to uh keep their
position uh if they can prove it's
hardship but other than that as far as
um we we don't need six in one block um
so I I do like you know how things are
going to be um stated in the moratorium
I'm I'm sorry I'm off for small business
I'm a small business but um you know we
have we have a lot of Youth out there um
that are walking by these smoke shops
and and I'm just not in favor of them um
there's more than enough places that
they'll be able to establish their
business I don't know if there's nor
than enough places I don't know have if
we've done what the what if we moved all
39 to this to what's to what's would be
available um to what we're zoning it for
I don't know that there's enough place
so I I do have that concern about
someone not being able to I
don't not being able to um to continue
with their business whether it's a
business that I approve her or not
that's not really why I'm here it's it's
if it's a legal business and they're you
know it's something that they can
legally do but I don't uh I I don't do
that me
I think that we should just go with leg
and non-conforming that's that's how I
see
this Mr the last summer we discussed
this we were talking about the 40% um
allow for it
yeah yes there was no comment from the the County planning on that amount
and uh the
40% the 40% is still in right um because
they have not met yet they that the city
plan that City Planning they were not
able to take that take that
off
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so and um I think Mr Mr Brian said if
they because they didn't have anything
official and I asked for something
official they didn't have anything so
they won take it up until the next
meeting and if they do then it's
certainly something that we could amend
they came up with a
specific um percentage and a reason why
they came up with that specific
percentage I mean if they could come up
with a percentage they could bring it
before you as a as as a transmittal and
saying that the their number is whatever
and then you would have the opportunity
to amend the ordinance if you so desire
at that
point yes I I think president cter field
and I even we agreed on the fact that
you know whatever they want to put in
their shop or or you know the 40% was
you know we didn't have an issue with them you know keeping that at 40%
um you know they have a shop they can
sell everything legally in there
whatever they want and whoever's going
into the shop is going in there for a
specific reason anyway um for products
and so I don't think there was an issue
with the percentage of of the space
inside the building what they could
sell yes
so they were suggesting the members from
the zoning
board Planning Commission
25% is that no they never gave a number
the other localities have gone down to
20 20 25% that was just as a as a
reference point but I don't think we did
not get a hard number from the uh City
Planning Commission Co So currently it's
40 it's 40% in the draft okay other
display area
yes Mr Williams so I think I'm just
being transparent with my thoughts uh as
everyone else has been uh I I I find
myself citing more with Miss Doro and I
understand that there are going to be
intend consequences of like our actions
where 39 is a rather large number um I
think my only hesitation with the
non-conformances and then correct me if
I'm wrong it would only apply to
individuals that were in that quote
unquote good standing so if you had
individuals that weren't uh putting in
place like the proper marketing for
square footage like I would no it it
would be anybody could put in put in
request to the zoning board of appeals
because it's looking at dollars and
cents proof as to whether or not they're
uh you know they put they put in a
substantial Financial
expenditure related to the nonconformity
and that that the the closing down would would have would have a financial
impact upon them so it's a continuation
you could essentially have businesses
continuing on without making any
adjustments I don't understand the
question well we're highlighting wanting
to adjust the behavior so I applied for
a
non-conformance to not have to like
alter we business yeah you would what no
what you're saying to the Zone board of
appeals I'm at this
street the the deadline has come down I
have in I I've invested x amount of
dollars into this therefore I feel that
it I should expend more I should the
deadline should not apply to me and that way I should stay
longer because it's impacting me
financially
Mr M did you have no I was going to ask
uh add to that so really you stay longer
in term is there a time to Reco their it
would it would be it would really depend
on a Case by case basis of how much they
put in how long they've been there
dollars and cents proof provided to
Theon board of appeals so this one like
they can go on for another year it would
all depend all depends yeah it all
depends
and it would be the prior to the
non-conformity the non-conforming is one
year in other words those individuals
that that put into their put the
business in
really um said we've had the uh The Vape
Shop moratorium since uh March it would
be you see that it would be a longer
period of time so a longer period of
time it would be indicate that they
would have more return on their
investment because the non-conformity
would occur July 15th M but presumably
they've been work in had their business
there prior to when you accept it's had
the moratorium put in place back in
March the legal businesses right
so that seems to be the only sticking
point are we moving second are we I'm
happy to move
this are we moving it tonight y yeah
we're ready to we have I mean as amended
it can go forward and put the new
language in the red language deleted the
yellow Lang just so you know um so our
where you I know that are they're not in
college so you don't know what language
is being deleted which language I read
it
yeah it's it's
bracketed
Sor it's bracketed it's highlighted may
not be yellow but it's high yeah
yes Mr M so I'm in favor of keeping the
language that is point through here and
let these business come back before the
zoning board um to kind of like discuss
their financial um you know at a plus or
minus and and B would allow them to like
extend give them an extension to
continue the business until they can
recove um their expenditure because the
sole purpose of us is to centralize
these business in approv zoning area so
if we were to say it will change it back
and put it it doesn't serve any purpose
so we're doing here right I agree the
sole purpose was to to to uh to
centralize them in one
area uh that's you know we kind of tried
to do that a while back with the um what
with those adult shops and I that that
turned out to be a problem I don't know
if you remember that you would probably
be the only one that would um
so um so and and we were also if I
remember correctly one of the main
reasons for this was
to start to kind of um take a look at
businesses that are operating on with
not they're not uh operating in
compliance with what the you know City's
rules expectations are and and this
moratorium was to kind of stop the from
popping up all over the place where we
can manage what was in front of us right
like so that okay right um and and with
that so mayor in terms of the
enforcement and for those that are legal
versus illegal do we have any type of
update on the on of the 39 is what M Tor
says but I kind of think your number's
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low uh seen an updated the enforcement
we can put that together and you have it
two weeks or get it out to you you by
the end of the week the beginning of
next
week any other thing for me um and I
guess I would ask this view mayor as
well if someone can map it out um if we
have it mapped out where they currently
exist as
well those are
we did it's not updated I don't just
updated updated but we did get the map
well like you said this she said there's
more popping up and just um yeah the
neighborhoods that they in
so
okay so you're suggesting that we just
move ahead with it as it currently is
and let them um come before The Zing Bo
yes that is what I'm suggesting we move
as Z and this this language with the
language that's currently before us as
amend and um mrri when would they have
to when with this from July 15th until
July 15th
2025 is whenever the you know it has to
pass the the council so we and when the
mayor signs it and the resol as the
ordinance says this this ordinance take
shall take effect immediately so upon
the mayor's signature or 10 days
whatever that is pursuant to the code
that will be the of the year will start
at that point okay and if for some
reason this obviously doesn't work out
we could always come back in langage if
you ever want to revisit it like any
ordinance you can always bring this back
if it's not not if you want to revisit
it at any time you can put back on and
if you want to amend it there will be
another public hearing or you just want
to have a discussion on that certainly
it can always be
Revisited okay
I'm motion move and I'll
second so I will just make the statement
that um I will um support this however
if people come to us and say there's a
hardship then I would want this brought
before this Council to be Revisited I
don't want to put a hardship on any
small businesses so with that Cav H all
in favor I I Madam chair uh M Madam
president that that could always be the
case if you want to revisit that
language in the last portion of the
ordinance and along the discussion items
we've talked about earlier and just one
other item it's a it's a type two Seeker
action yes and I would just ask that also that resolution that what yes
it is is it on there
it's we have there's a Seeker resolution
yeah we'll have the SE it's right here
right page 159 page
159 the a resolution declaring is a type
two action
159 is the packet
yeah so you need that as to declare yes
it's a I'm saying it's not on the agenda
that's what I said yes thank
you
okay okay so we uh so the the next item
is to
um declare the adoption of the ordinance
creating section 264-1111 of the code um
is not subject to environmental review
of the state quality review act so give
me that resolution move it second all in
favor
I thank you thank you madam president
thank you mran and um just um Mr ran
have this and I have this quick
conversation when we're um at the
legislative conference about the
um incoming cannabis shops and that we
should at some point maybe even talk
about the um how that works in the
zoning of that as you can see we have
the new people's joint on State Street
that's the name of it I didn't make it
up
John um so and there's um I checked with
the office of Canabis management and
there's at least three more that are
pending um and are prepared to come
within the city so um I don't know that
there's a limit on how many we can have
so that's a question so just so you know
that's a that's a question I'm going to
be asking the office can management I
don't I couldn't find anywhere where
there was a limit on how many
applications and currently I can't
remember the number that we have but we
have quite a few applications that have
come through the clerk's office saying
they they want to be here and they've
given the various addresses where they
want to be so um I'll be following up on
that and making the council aware
Madam president you want to discuss that
next time in two weeks okay that would
be
uh 131 of the Cannabis law
okay
thank all right thank you um the next
item is the discussion of rules of deor
during City Council meetings uh we came
up with these rules a while ago and I'm
not asking for anything to be um I'm not
asking any rules to be changed or
anything but what I am would like to see
is um we put those out there but nowhere
does it state that once you sign up that
you're willing to abide by those rules
so I just wanted to add that
statement um so that there's some level
of enforcement if that's the term you
want to use so they're right there
before you as they currently stand but
just adding number 17 that says by
signing up to speak that you agree to
adhere to the the Corum of the council
meetings so maybe add that to the sign
up um sheets well the sign up sheets
already have all of these on here but
that statement yes and just adding that
to what's already there right mhm
yes yeah
I'm that's it for that so do we need to
move a motion for that I think we do so
move I'm sorry but then should it
include like specific language saying if
you don't like you're relinquishing your
ability to use this platform is that
what we're implying or is
that I'm sorry can you say that again
does it also need to include like
specific language that states you're not
adhering to this means that you're
relinquishing your ability to speak at
this point well I think number 16 kind
of um covered that that we'll remove I I
um I think we' have to look a little
further into um whether or not we could
say that
specifically Mr you want
talk sure was there a question it was it
was regarding the the acknowledg the
acknowledgement or whether that it could
be uh uh whether you could enforce it to
the point where people so vacate their
or wave their ability to speak if we if we said okay when you write when
you sign this you a knowledge will go by
these rules what Mr Williams was asking
is if we could add something that says
in if don't then you relinquish your
ability to be able to have privilege of
the floor
ever I'm sorry is that what
you're because well not forever but I
mean for the for meeting I mean
essentially if you have someone that
disregards it what happens they keep
going well I think I think Miss P I
think Mr Farley had his hand up first so
I oh yeah no I was just um just want to
be really careful about like as we're
adding I think that that that's a fair
suggestion say like you know by signing
this you're acknowledging that that
you're expected to act Within These data
parameters I just um as far as like
consequences if you
will um we have to just be mindful you
know we don't want to discourage people
to you know after every time people come
up the sweep we always thank them for
their input um and I just want to make
sure that we encourage more of them and
just be mindful that's all I guess I
would say about like balancing that
on what people's
U ability to come down and speak I think
it's
important I'm comfortable I yes this bar
um I would request and recommend uh that
we do some legal review of that prior to
passing this
forward wew that if they sign it that
they're adhering to it um yeah look into
um the legalities of
that
okay could you let us know in two weeks
absolutely um and and I guess we need to
further discuss if we want to even
consider adding what Mr Williams has
suggested Miss Patrick I think um that
number I agree with you that number 16
covers um a consequence but um so I
think after Corporation Council has the
opportunity to review um but I think
that does sort of State
consequences um and I think yeah I I
agree and I think that it's important
that we you know um let people know what the expectation is but um I am with
as Mr barley I'm kind of like want to be
careful of the over
policing yes Mr Farley some I mean
because some of the language I mean even
though I think that we might have a
pretty clear well at least a we might be
able to build consensus around what we
think is vulgar or inflammatory you know
I think that something that you do
really well is if if people seem to be
Crossing that line you remind them and I
think that what usually happens from
what I have my experience when someone
says something um that might be closely
getting ready across that line you
address them and then they uh are more
mindful in their words and I think that
that's important because I think they
want put something on paper saying if
you do this then this is the consequence
or maybe to some people some of the
things that they might be saying might
not be inflammatory and or threat right
we might perceive them differently so I
like that at least
that kind of uh guardrail of you just
saying hey that's you're you know you're
getting close to this thing so I just
think that that's important too and I
think that that might have to be in some
language as well because that is really
that might just be something that you do
as you know as a matter of practice and
not necessarily a matter of policy so I
know we're talking about policy
here well again I think that it looks
like five of us agreed to this um not
saying that we wouldn't ever change our
minds but um we we did vote for this and
you know it's it's pretty clear in terms
of the language that's that's that's
here and I agree that I think the
council president um as you did last
week for example you opened the meeting
really kind of reminding people about um
the public comment period um and then
did you know kind of uh what's the word
I'm looking for Marshall uh the
discussion um so I think that that's I
think what you're saying as well that um
you know we do have that ability for the
council president um to
make an announcement and then you know
has the timer and has the ability to I
think you've you know many times have
said director comments here you have you
have different statements or the council
president has different statements that does sort of keep the
conversation going within you know
appropriateness appropriate
guidelines so I'm I'm fine with just
sing that one if um once we um make sure
that it's legally um okay okay did
you yes Mr yeah Madam president just a
question when you know they would be
free to sign it or not sign it in other
words that would that impact them being
called or not yes no name no I can't
call you so that would go for their sign
signing yeah once you sign that's the
only that's how we know to call a person
up to speak and it also clearly states
that once the meeting's begun you cannot
um then um be you know be to speak so
your signature is what gets you gets
your name called that's how we but we
don't have right now have them signing
this type of document no no it's just
the sign and Sheet the sign and sheet
has this on it okay but it's not an
acknowledgement you're looking for for
wording where it says this acknowledges
you've read the above and BU as part of
this yes okay as as part of where what
we already have just the last thing to
say and signing this you agree to these
rules okay right and of course as we do
any changes we'll just make sure that's
clear to the public okay um when they
come okay M thank
you so we'll put the frames back well
you'll let us know in two weeks whether
it is or not we'll have the information
absolutely okay thank
you okay
um and the next item is just a reminder
regarding the Amendments of the zoning
ordinance rela to the Hamilton Hill
Redevelopment planning Redevelopment
plan also referred to as
0 and the public hearing is going to be
on the 24th
of um June so that's just a
reminder the remainder of the items will
have to be done in the executive
session so I ask for motion to go second
session
second all
favor members of the public will have to
leave I don't think we
[Music]
he