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here.
>> Julie Boyd, planning and zoning

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administrator.
>> Chad Russell, fire chief.

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» Matt Kaine, director of finance.
>> JT Klaus, city attorney.

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» Dana Instrom, city clerk.
>> Les Mangus, director of community

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development.
>> Jolene Graham, assistant city

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administrator. Jennifer McCauslin, city
administrator.

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» All right. This time, Randy
with Epic Church is going to lead us in

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invocation.
Please pray with me. Heavenly Father, we

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thank you so much for your goodness and
grace that we can turn to you anytime,

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anywhere, and you hear us. And we pray
for this meeting that you would grant a

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spirit of camaraderie and goodwill. That
you would bless each discussion that

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you'd grant wisdom and guidance in those
discussions and especially to those who

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have to make decisions.
We also pray that you'd be with our u

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firefighters and police and emergency
personnel and so many others who serve

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the community out in the community that
you'd keep them safe and get them give

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them wisdom and guidance as they answer
the calls and uh minister to people in

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their own way. We thank you father we
pray in Jesus name. Amen.

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» Amen.
>> Amen. If you would join us in the pledge

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of allegiance

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to the flag of the United States of
America and to the republic for which it

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stands, one nation under God,
indivisible with liberty and justice for

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all.

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» [clears throat]
[snorts]

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» All right,
at this time I open up the floor for

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public forum. If you'd like to address
the council, feel free to do so. Uh,

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keep it at three minutes.

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Nobody.

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Take your time.
[snorts]

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George Theo Harris, 519 Woodstone Place.
Uh, I put on the paper that you guys

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used to have my birth date up there,
1957. You took it down. Are you going to

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put it back up there? But uh but anyhow
um so I went and talked the other day

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with the the the people that are going
to be having the drug and alcohol uh

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rehab place. Uh it's probably not the
right name for it, but and I talked with

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them for probably an hour and a half or
so. Their noses did not grow at all. Did

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not grow at all. So I I'm pretty sure
they were telling me straight up the

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truth. So I I appreciated that [snorts]
we live around three football fields

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from where they are from their door
coming out with three football fields.

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So 900 ft 300 yards. Um and if you go
out to the street and down around it's

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three and a three three football fields
in a little bit. So my wife was

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adamantly opposed to the idea. Um
because I'm from Witchah and she kind of

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likes it out here because there's nice
nice out here compared to what I got

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going on there. But I will say that um I
I we we were there. We went and looked

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at all over and quite honestly they have
to be somewhere because if you if you

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just Google um how many people in
Andover have potentially have an alcohol

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or drug diagnosed or undiagnosed problem
it's around 20%. So with that being said

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um just look around you do 20% is one in
five. You can pretty much just go one,

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two, three. Okay, but maybe not in this
room. Maybe they're all somewhere else.

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But they they need to be somewhere. The
the people have to be somewhere. So

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where? It's already established and and
I think they've got a good plan. So we

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can all be against it. My wife was, but
now she's warming to it because they

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need to be somewhere because it is on
the rise. Alcohol and drug. And if

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people want help, they're looking to
help them. So, uh, that's all I have to

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say about that. So, thank you.
>> Thank you, sir.

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» Thank you.

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00:04:37,840 --> 00:04:45,199
» Steve Church, 738 Westchester Place.
Like to thank all the moms and dads that

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are here tonight looking out for their
kids. And also to all the moms. They put

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these uh signs together. There's a few
moms in the back who prepared this in

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their own time.
I'm going to say the same thing that I

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did when I addressed the planning
committee last Tuesday. I took a tour of

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the facility Jason hosted. It is a
pristine facility. It's very, very

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nicely done. In fact, I felt like
wanting to stay there myself. It's

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beautiful.
I'm also vice president of the board of

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directors for the Union Rescue Mission
in North Witchah.

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And so there are a lot of similarities
with the things that Jason is going to

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be doing at that facility to what we do
uh for the homeless. We're uh providing

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a a way for them to transform, get back
into society and live normal everyday

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lives like we do. They come into us
addicted.

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The uh the drugs, the medication that
are they have to be held in a in a way

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that meets cancer statutes,
but facilities do exactly the same. So,

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I'm not concerned about that. I'm
concerned a little bit about the

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security. It didn't seem to match the
level of security what we have at the

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mission. We talked a little bit about
about that entry doors, breakins, etc.

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It it's not up to the same level of
security that we have.

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Even though the medication and the drugs
are going to be held securely,

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we know from admission it becomes a
magnet. We have a homeless

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uh little community tent city. Uh it's
in a creek bed a little bit to the north

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of the uh of the mission. We've had
attempted breakins there. They're coming

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in looking for drugs. It is a magnet.
They don't understand that the drugs

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medications are securely locked away and
they can't get at them. It will become a

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magnet. That's just a fact of every type
of facility for this. So those are my

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reservations about the uh the center in
its location. Thank you.

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00:06:58,479 --> 00:07:05,280
Uh my name is Pastor Ben Griffith. I am
the recovery pastor at Hope Community

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00:07:02,560 --> 00:07:10,479
Church here in Andover. I live at 2407
North Silverdale Street in Cornerstone.

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00:07:08,160 --> 00:07:15,520
Um I'm also a city chaplain. Volunteer
my time to support our officers, our

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firefighters, our EMS, and our city. Um,
I've learned a lot over the couple

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weeks. I do not live back door to this
facility. Um, but I also think that

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there might not be a lot that can change
other than the perspective that we have

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to love others and to care for the
people who are in need. Um, I was

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sitting with a man in tears who is an
alcoholic. Didn't know what to do. Um,

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this was about four days ago and trying
to present him with options because he

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wanted help. Um, I'm still new to this
as a recovery pastor, but there are not

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a lot of options and when we did call
some options, they were full. I do

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understand there are safety concerns.
There are um definitely things to be

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aware of and problems that will come
with it. But I think as a city, our

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responsibility, one of the greatest
things that we can do is come alongside

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those who need help and to support them.
And whatever the results are, um, I

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00:08:09,680 --> 00:08:15,039
encourage you to ask yourself that
question. How do you do that? What is

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your role in that? Because if you come
against this care center and make things

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00:08:16,800 --> 00:08:20,960
more challenging, they're going to have
a harder time doing their job to keep

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the people safe that you're trying to
keep safe. Um we as a church, Hope

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Community Church, are going to do our
best to come alongside um to partner in

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whatever way we can to support um this
recovery center. Um we have AA meetings,

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recovery meetings, um sexist, sex
anonymous meetings, we have family of

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addict meetings. Um and so if you need
help, feel free to call Hope Community

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Church. Um if you need some support in
any of those areas, but it you will

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understand it affects a lot of people
and Andover as well. We lost a student a

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couple years ago to an overdose of drugs
in our community. And so it really does

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affect us. Um but I also understand the
hurt and the fear that comes with it.

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And so ask yourself, what what do we do
from here after this happens? How do you

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support our officers? How do you support
our EMS? How do you support our fire?

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How do you support this um recovery
treatment center um to make it a safer

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place? It's my encouragement for us all
and I'm going to ask myself the same

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question. Thank you for your time.
>> Thank you, sir.

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» Thank you.

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00:09:27,920 --> 00:09:37,440
» Hello, my name is Kelly Oxner. My
address is 502 East Crescent Lakes

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Drive, Andover. And first of all, I want
to say I'm 100%

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for a recovery program.
I just feel that the location

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probably could not be in a worse place.
And my reasons for saying that is we

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have all the schools across the street.
We have three clinics

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nearly within a stones throw. And we
have Walgreens down the street.

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All of that makes this very problematic.
Um,

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I know from raising two children in the
Andover public schools, one at Sunflower

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and both went to um, high school there
in middle school that you see kids every

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day, my kids included, walking to and
from the schools. They go down to Dairy

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Queen. they go down to McDonald's. This
is something that my kids enjoyed and

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they should enjoy and it's kind of their
first taste of independence.

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Um, if we have people coming and going
and from my understanding is that there

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is no promises that the door is going to
be secured and locked.

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I would say my girls would have been
extremely impressionable and gullible as

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to what can go on.
We know these people are desperate.

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I have heard I don't know if this is
true. It could include sex offenders.

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Um
I think you can understand why I feel

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strongly opposed to this location.
Um

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00:11:25,920 --> 00:11:33,200
it's a very difficult issue. I can
appreciate that.

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00:11:30,000 --> 00:11:40,160
However, we have many precious lives
here to consider

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and um for that reason I'm opposed to
this location. Thank you.

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00:11:44,640 --> 00:11:47,463
» Thank you. [applause]

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00:11:48,000 --> 00:11:56,399
So, so sir, we heard you the other
night, so we understand where you're at.

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We're not going to relitigate all this
through, well, it's been through here.

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00:11:59,360 --> 00:12:05,360
We sat for hours to listen to y'all the
other night. We understand your

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00:12:03,040 --> 00:12:10,000
concerns. We listen to planning, zoning.
I listen to the whole thing. So, unless

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00:12:07,760 --> 00:12:13,440
you have new information.
>> All right. But, but we're not going to

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00:12:12,000 --> 00:12:16,959
listen to everybody say the same thing
over and over and over.

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00:12:14,240 --> 00:12:20,880
» I understand. I do.
Mayor Price, members of the council, Ben

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00:12:18,639 --> 00:12:25,040
Elliot, 609 Havenwood Court. Let's cut
to the chase. 30 years in Andover. My

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00:12:22,720 --> 00:12:30,240
back fence is 200 feet from 224 East
Central. I've stood here twice. I will

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00:12:28,480 --> 00:12:36,240
be brief because tonight isn't about how
I feel. It's about what's in your record

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00:12:32,880 --> 00:12:40,560
and what isn't. This is a quasi judicial
decision, not a vote on whether recovery

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00:12:38,639 --> 00:12:44,800
matters.
It does, and I've never argued it

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00:12:42,320 --> 00:12:52,079
otherwise. It's a narrower question and
a harder one. Has the applicant proven

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00:12:47,760 --> 00:12:57,920
its case or only asserted it?
Under Kansas law, the burden is theirs,

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00:12:55,200 --> 00:13:02,800
not the neighbors, not your staffs,
theirs. And measured against that

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00:13:00,000 --> 00:13:05,839
burden, this record has a hole in it.
They've told you similar facilities

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00:13:04,399 --> 00:13:10,720
don't hurt property values, the
communities come around, that patients

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00:13:07,440 --> 00:13:17,040
are supervised. Those are statements.
Not one is backed by study tied to this

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00:13:12,959 --> 00:13:22,399
operator, this market, this parcel. Your
own staff report says the property value

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00:13:19,120 --> 00:13:27,760
claims on both sides were unsourced. A
recommendation is not evidence and

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00:13:24,160 --> 00:13:31,360
assurance is not proof. Look at what was
never placed in your record. No traffic

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00:13:29,600 --> 00:13:37,200
study, nothing on shift changes,
deliveries, admissions, discharges, or

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00:13:33,920 --> 00:13:41,920
ambulance runs. No operational study, no
admission criteria, no staffing ratios,

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00:13:39,680 --> 00:13:48,320
no discharge protocol, no public safety
analysis, no call data from comparable

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00:13:44,800 --> 00:13:53,519
facilities, no alopment history on the
golden factors you're bound to weigh.

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00:13:51,519 --> 00:13:58,160
The analysis that should have come from
the applicant was instead pulled

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00:13:56,160 --> 00:14:02,800
together from your commissioner's own
questions. That's not the applicant

165
00:14:00,639 --> 00:14:07,839
needing its burden. That's the record
straining to carry them. And here's what

166
00:14:05,279 --> 00:14:12,480
makes the gap matter. A special use
permit runs with the land, not the

167
00:14:10,160 --> 00:14:17,600
operator. And every assurance you've
heard came in a letter to our HOA and in

168
00:14:14,959 --> 00:14:22,160
testimony from the podium. None of it is
enforceable. None of it binding on

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00:14:19,519 --> 00:14:28,320
whoever owns this building in 10 or 15
years. The promises don't survive a

170
00:14:25,279 --> 00:14:35,120
sale. Conditions in a permit do. So I
ask two things. Hold the applicant to

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00:14:31,519 --> 00:14:40,320
its burden. Require the evidence the law
requires before you approve, not after.

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00:14:37,519 --> 00:14:46,880
And whatever you decide,
make lawfully detailed findings. Explain

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00:14:44,160 --> 00:14:52,320
factor by factor how the evidence in
this record supports it because a

174
00:14:49,680 --> 00:14:56,720
decision unsupported by substantial
competent evidence is vulnerable on

175
00:14:54,880 --> 00:15:02,320
review
and this record is being watched

176
00:14:59,440 --> 00:15:08,000
carefully.
You sent this back once. You knew

177
00:15:04,480 --> 00:15:12,880
something was unfinished. Nothing since
has filled it.

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00:15:11,199 --> 00:15:16,880
I'm not asking you to decide that dis
that treatment doesn't matter. I'm

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00:15:15,120 --> 00:15:25,480
asking you to decide this the way the
law demands on the evidence or the lack

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00:15:20,800 --> 00:15:25,480
of it. Thank you.

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00:15:29,920 --> 00:15:37,160
All right. At this time, I'm going to
close the public form and we're going to

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00:15:33,279 --> 00:15:37,160
get back to the city's business.

183
00:15:37,199 --> 00:15:40,639
» Acceptance of the agenda.
>> Mr. Mayor.

184
00:15:40,160 --> 00:15:43,040
» Yes, sir.
>> I move to accept the agenda is

185
00:15:42,240 --> 00:15:49,079
presented.
>> Second.

186
00:15:44,880 --> 00:15:49,079
» Any further questions or discussion?

187
00:15:49,519 --> 00:15:58,275
All in favor say yes.
>> Yes.

188
00:15:52,480 --> 00:16:02,720
» All oppose. No. Motion carries 5.
[clears throat]

189
00:15:59,040 --> 00:16:04,160
Consent agenda 7172.
>> Mr. Mayor.

190
00:16:03,440 --> 00:16:09,759
» Yes, sir.
>> I move to approve consent agenda items

191
00:16:06,160 --> 00:16:12,759
7.1 through 7.2 is presented.
>> Second.

192
00:16:14,079 --> 00:16:19,199
» Any further questions or discussion?
All in favor say I.

193
00:16:18,399 --> 00:16:26,959
» Yes.
>> I'm sorry. Yes. All oppose? No. Motion

194
00:16:22,720 --> 00:16:29,360
carries. 50 81 final PUD Jaguar State
Edition. and Julie is going to talk to

195
00:16:28,560 --> 00:16:34,959
us about this.
>> Yeah. Mayor and council, those of you

196
00:16:31,680 --> 00:16:39,440
who were around in 2024 may recall the
Jaguar Estates addition, the preliminary

197
00:16:37,279 --> 00:16:44,240
PUD was approved a couple of years ago
and effectuated the MXR multiple family

198
00:16:41,920 --> 00:16:49,680
mixed residential district zoning on
this parcel at the corner of Archer and

199
00:16:46,959 --> 00:16:54,399
Concord Road. It's about 700 feet from
the Heritage Development, 322 South

200
00:16:51,759 --> 00:16:59,279
Archer Drive. The property owner intends
to transform this from its current

201
00:16:56,560 --> 00:17:03,600
status as a vacant lot of grass into a
duplex development which would have 14

202
00:17:01,519 --> 00:17:07,600
duplexes total of 28 dwelling units
surrounding a central parking area.

203
00:17:05,919 --> 00:17:10,959
There would be a reserve in the
southeast corner of the property that

204
00:17:08,959 --> 00:17:16,480
you can see there which is set aside for
drainage and landscaping as required.

205
00:17:14,079 --> 00:17:20,000
Uh water and sewer to the subject
property are already in place and are

206
00:17:17,919 --> 00:17:24,079
expected to be sufficient for those 28
dwelling units that that I mentioned.

207
00:17:22,319 --> 00:17:28,480
Uh, of course internal improvements will
be made onto the parcel so that it can

208
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reach all of those individual buildings.
Um, a portion of Concord Road to the

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00:17:30,880 --> 00:17:38,960
north and Macandless Drive to the east
will be required to be paved for access

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to this parcel.
Like I said, planning commission

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00:17:40,160 --> 00:17:45,679
conditionally approved this final PL all
the way back in 2024 after that

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00:17:43,679 --> 00:17:50,480
preliminary went through. That was in
October of 2024. The applicant delayed

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00:17:48,160 --> 00:17:54,160
their final approval until this time.
Um, but everything has been sorted out

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00:17:52,000 --> 00:17:58,720
and they are ready to proceed. And we do
have an applicant here to answer any

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00:17:55,520 --> 00:18:02,400
additional questions.
>> Council, have any questions?

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00:18:01,679 --> 00:18:05,520
» Mr. Mayor?
>> Yes, sir.

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00:18:03,360 --> 00:18:08,960
» I move to accept the dedications of land
for public purposes in the Jaguar

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00:18:07,120 --> 00:18:11,440
Estates's Edition final planned unit
development.

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00:18:10,000 --> 00:18:15,360
» Second.
>> Any further questions or discussion?

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00:18:13,120 --> 00:18:19,280
» Mr. Mayor, if I may, real quick, um is
this typical for a plane unit

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00:18:17,360 --> 00:18:26,320
development to
>> um have this u substantial of a delay

222
00:18:23,840 --> 00:18:31,840
between and this could be for staff or
or mayor in your experience that we wait

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00:18:29,200 --> 00:18:36,120
a couple of years between I'm seeing.
>> Yes, this is very normal.

224
00:18:33,120 --> 00:18:36,120
» Okay.

225
00:18:36,320 --> 00:18:41,600
» Anyone else?
[clears throat]

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00:18:39,600 --> 00:18:47,360
» All in favor say yes.
>> Yes.

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00:18:42,240 --> 00:18:52,960
» All oppose? No. Motion carries 5-0.
Um, Jaguar A2 is Jaguar Estates Edition

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00:18:50,960 --> 00:18:57,520
petition developers agreement resolution
of advisability and Kevin is going to

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00:18:55,679 --> 00:19:02,640
speak to us on this matter.
>> Good evening, mayor and council. Item

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00:18:59,679 --> 00:19:06,720
8.2 following the acceptance of the plat
is for uh petitions, a developers

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00:19:05,520 --> 00:19:11,200
agreement, and a resolution of
advisability for the Jaguar Estates

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00:19:08,960 --> 00:19:17,039
edition. The applicant has submitted
petitions and letters of credit for uh

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00:19:14,320 --> 00:19:22,480
sanitary sewer, water, drainage, and
paving improvements.

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00:19:19,360 --> 00:19:27,520
Uh per city policy, 100% of the cost of
sanitary water and drainage will be paid

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00:19:25,039 --> 00:19:33,760
for by the benefit district. Per the
same city policy, uh the paving project

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00:19:30,559 --> 00:19:38,400
on Archer and Concord will be split 5050
between the benefit district and city at

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00:19:35,600 --> 00:19:44,000
large. Uh that is a program that's
eligible for any unimproved street in

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00:19:41,200 --> 00:19:48,080
Andover. Um a few weeks ago we heard
from residents very near this area. This

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00:19:45,760 --> 00:19:52,160
is also the same procedure from Lake
View Heights a few years ago where the

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00:19:50,160 --> 00:19:56,880
city participates in a portion of paved
improvements for unimproved roads. Uh so

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00:19:54,640 --> 00:20:02,400
this project would include that 5050
split just for the paving.

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00:20:00,080 --> 00:20:06,320
Uh and with that I'll stand for any
questions.

243
00:20:04,640 --> 00:20:09,840
» Mr. Mayor. Yes, sir.
>> Kevin, was there already is there a road

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00:20:08,080 --> 00:20:14,880
there now?
>> Correct. They're gravel roads. Um Archer

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00:20:12,799 --> 00:20:19,600
to the south, basically the southwest
corner of this property was improved um

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00:20:17,440 --> 00:20:24,160
as a part of the heritage development.
Um so this will continue on that curb

247
00:20:22,000 --> 00:20:28,000
and gutter street to the north on
Archer. Uh and then Concord is also a

248
00:20:26,720 --> 00:20:31,840
gravel street and that will be an
asphalt mat road with ditches and

249
00:20:29,679 --> 00:20:35,679
culverts on the side. So, this is not
something one would say they're just

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00:20:33,679 --> 00:20:41,200
putting in a street to help with the
funding. These are streets that they're

251
00:20:38,720 --> 00:20:47,039
that we've already had in the queue or
not the queue, but the our

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00:20:44,799 --> 00:20:49,200
we already own the road. Now, we're just
going to be approving it. Right.

253
00:20:48,080 --> 00:20:52,400
Correct. Improving it.
>> Correct. Yeah. These would be considered

254
00:20:50,559 --> 00:20:56,400
a required infrastructure improvement
associated with the plaque.

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00:20:55,679 --> 00:21:00,880
» Mr. Mayor.
>> Yes, sir. I move to adopt an ordinance

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00:20:58,960 --> 00:21:04,880
authorizing the construction of certain
internal improvements related to Jaguar

257
00:21:02,880 --> 00:21:09,760
State's addition. I
>> I actually have more questions.

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00:21:06,480 --> 00:21:13,840
» Go ahead. That's three. Mr. Mayor, uh
Kevin, I'm taking a look at the map

259
00:21:11,679 --> 00:21:17,360
here. There are a couple residences that
are close by as you know. It's one thing

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00:21:15,919 --> 00:21:21,919
I'm always going to harp on. I'm going
to ask you face to face here. Drainage.

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00:21:19,679 --> 00:21:26,000
Uh are you confident I mean specifically
you confident as the city's engineer

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00:21:23,520 --> 00:21:31,919
that the drainage uh from the proposed
property that's to go in there uh will

263
00:21:28,960 --> 00:21:35,600
not uh drastically affect the residents
there specifically it looks like on this

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00:21:33,520 --> 00:21:40,000
map I'm looking at is to the south and
the one resident to the east.

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00:21:38,400 --> 00:21:44,480
That's correct. That's something we look
at through the plat process. Um, you

266
00:21:42,880 --> 00:21:48,880
know, this originally came through up
through planning commission a few years

267
00:21:45,840 --> 00:21:51,919
ago, but during that process, um, they
submit a drainage plan. There were

268
00:21:50,480 --> 00:21:56,640
comments. There's back and forth on
that. We do look at at how that's being

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00:21:54,799 --> 00:22:03,039
conveyed today versus how it's going to
be conveyed out of a pond outfall here.

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00:21:59,440 --> 00:22:07,919
We look at um pre-developed foes,
pre-developed runoff, and post-developed

271
00:22:05,280 --> 00:22:13,520
runoff. Um, the site cannot exceed those
runoff rates. So they have to go back to

272
00:22:09,600 --> 00:22:18,400
as it was if it was grass um with the
amount of storage they provide and that

273
00:22:15,200 --> 00:22:22,240
was all provided by um the applicant and
their engineer and reviewed during the

274
00:22:20,559 --> 00:22:26,799
the platting process.
>> I appreciate your diligence on that.

275
00:22:24,400 --> 00:22:31,240
» And that's what reserve A is like a dry
detention pond. Right.

276
00:22:28,000 --> 00:22:31,240
» That's correct.

277
00:22:33,120 --> 00:22:42,640
» Can I get a second, Mr. Mayor?
>> Yes, sir. I believe we read 8.3's

278
00:22:39,200 --> 00:22:49,280
motion and not 8.2's.
>> I think Mr. Henry read 8.3's motion and

279
00:22:46,640 --> 00:22:52,640
not 8.2s. I heard internal improvements
related to Jaguar.

280
00:22:50,400 --> 00:22:54,720
» You're right. I did read 8.3. I
apologize.

281
00:22:53,360 --> 00:22:59,919
» No worries. I'm not trying to call you.
>> I'll resend that motion and move to

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00:22:57,919 --> 00:23:03,679
accept the petitions for sanitary sewer,
water distribution system, drainage, and

283
00:23:02,240 --> 00:23:07,440
paving improvements. approve the
developers agreement and adopt a

284
00:23:05,200 --> 00:23:12,601
resolution of advisability related to
the Jaguar Estates edition.

285
00:23:09,200 --> 00:23:12,601
» That I will second. [laughter]

286
00:23:13,280 --> 00:23:18,799
» Any further questions or discussion?
[clears throat]

287
00:23:17,200 --> 00:23:19,679
» All in favor say yes.
>> Yes.

288
00:23:19,280 --> 00:23:25,280
» Yes.
>> All oppose? No.

289
00:23:21,600 --> 00:23:29,919
» Motion carries 50 83 Jaguar State
Edition Work Ordinance. And Kevin again

290
00:23:27,600 --> 00:23:33,520
will talk to us about this.
>> Uh following the acceptance of the

291
00:23:31,440 --> 00:23:37,679
petitions and the uh resolution of
advisability, the next item is a work

292
00:23:35,760 --> 00:23:43,240
ordinance that authorizes the
construction of the improvements that

293
00:23:39,520 --> 00:23:43,240
are listed in the petitions.

294
00:23:44,159 --> 00:23:47,440
» Mr. Mayor.
>> Yes, sir.

295
00:23:45,520 --> 00:23:50,640
» I move to adopt an ordinance authorizing
the construction of certain internal

296
00:23:49,120 --> 00:23:53,760
improvements related to the Jaguar
Estates edition.

297
00:23:51,840 --> 00:23:58,559
» Second.
>> Any further questions or discussion?

298
00:23:56,960 --> 00:24:01,200
All in favor say yes.
>> Yes.

299
00:23:59,360 --> 00:24:06,159
» All oppose. No.
>> Motion carries 5084 Jaguar Estates

300
00:24:04,320 --> 00:24:14,400
Edition engineering agreement. And
again, Kevin will talk to us about the

301
00:24:10,320 --> 00:24:17,679
uh so this item is for the uh consultant
services agreement with Garver who is

302
00:24:16,159 --> 00:24:21,440
also the platting engineer. You see
their their name on the title block

303
00:24:19,039 --> 00:24:26,559
there on the plat. It is common practice
for the city to uh hire the platting

304
00:24:24,400 --> 00:24:30,240
engineer to do the design for the
infrastructure improvements. They also

305
00:24:28,159 --> 00:24:34,960
provide construction inspection,
staking, materials testing. So, they are

306
00:24:32,640 --> 00:24:40,640
a partner with the city um kind of from
this point until it's built um and they

307
00:24:37,440 --> 00:24:46,039
start building homes on it. We do have a
a representative from Garver here with

308
00:24:42,799 --> 00:24:46,039
any questions.

309
00:24:47,440 --> 00:24:53,120
» No one,
>> Mr. Mayor.

310
00:24:48,880 --> 00:24:56,080
» Yes, sir. And uh Kevin, this isn't this
isn't the first project Garver's done in

311
00:24:54,799 --> 00:24:59,440
town. Correct.
>> That's correct. Um actually the Southern

312
00:24:58,240 --> 00:25:03,120
Hills development that's under
construction right now was one of

313
00:25:00,799 --> 00:25:07,840
Garver's. So that they are one of the
consultants that we work with often.

314
00:25:05,360 --> 00:25:12,480
» Thanks Go Mr. Mayor.
>> Yes sir. I move to approve the agreement

315
00:25:10,240 --> 00:25:15,760
with Garver LLC Witchto Kansas for
engineering design and construction

316
00:25:13,919 --> 00:25:19,919
phase services for the public
improvements related to Jaguar Estate

317
00:25:17,600 --> 00:25:22,919
Edition in the not to exceed amount of
$196,120.

318
00:25:24,799 --> 00:25:27,799
» Second.

319
00:25:28,799 --> 00:25:34,720
Any further questions or discussion?
All in favor say yes.

320
00:25:33,919 --> 00:25:41,480
» Yes.
>> All oppose no. Motion carries 50. All

321
00:25:38,480 --> 00:25:41,480
right.

322
00:25:44,880 --> 00:25:49,000
Case number Z-SU26-00002.

323
00:25:50,960 --> 00:25:59,200
This is applica. This is an application
requesting to allow for an intermediate

324
00:25:55,039 --> 00:26:04,159
care facility in the MRX multiple family
mixed residential use district on a

325
00:26:01,600 --> 00:26:10,880
property generally located at 224 East
Central Avenue and over Kansas. Before

326
00:26:07,840 --> 00:26:14,480
we proceed with the hearing, I will ask
council if any of them into dis intend

327
00:26:13,039 --> 00:26:21,320
to disqualify themselves from
participating in this case because they

328
00:26:16,080 --> 00:26:21,320
have a conflict of interest. No.

329
00:26:27,738 --> 00:26:29,758
» [snorts]

330
00:26:30,080 --> 00:26:36,400
» I will now ask council [clears throat]
if any of them have received any

331
00:26:34,480 --> 00:26:40,880
expporte verbal or written communication
prior to this agenda item which they

332
00:26:39,600 --> 00:26:42,799
would like to share.
>> Mr. Mayor.

333
00:26:41,679 --> 00:26:47,039
» Yes, ma'am.
>> I received a

334
00:26:45,200 --> 00:26:54,080
um handd delivered letter from Mr.
Gallagher um in June and then I have

335
00:26:50,480 --> 00:27:00,880
received multiple emails for and against
the center.

336
00:26:57,440 --> 00:27:06,080
I I too have received multiple
emails from

337
00:27:03,279 --> 00:27:10,960
uh from the citizens both for and
against. I have not seen the letter that

338
00:27:08,799 --> 00:27:16,799
Mr. Gallagher sent out for obvious
reasons. Um so yes. Anyone else?

339
00:27:15,919 --> 00:27:19,200
» Mr. Mayor.
>> Yes, sir.

340
00:27:17,520 --> 00:27:26,033
» I also received the letter from Mr.
Gallagher as well as many, many emails

341
00:27:22,480 --> 00:27:30,000
um and notes about this
[cough and clears throat] recovery

342
00:27:26,559 --> 00:27:35,320
center both for and against. I must note
for the record, the majority were

343
00:27:32,320 --> 00:27:35,320
against.

344
00:27:35,520 --> 00:27:37,840
» Anyone else,
>> Mr. Mayor?

345
00:27:37,039 --> 00:27:42,960
» Yes, sir.
>> I have two received emails. Uh no

346
00:27:41,360 --> 00:27:50,240
letters from me. [clears throat] I guess
I wasn't that special. And um they're

347
00:27:46,880 --> 00:27:58,129
all on record from Dana. And if I didn't
see it from Dana, I sent it to Dana.

348
00:27:53,679 --> 00:28:03,360
» Uh sorry, s city clerk.
[snorts]

349
00:27:58,480 --> 00:28:08,559
» And Mr. Mayor, I have created a letter
that was submitted to the public in

350
00:28:05,200 --> 00:28:14,080
order to get public uh response in
reference to this issue. I have received

351
00:28:10,399 --> 00:28:19,880
numerous emails uh for both uh for and
against this issue including two emails

352
00:28:16,640 --> 00:28:19,880
from you.

353
00:28:21,200 --> 00:28:26,240
» Anyone else?
>> And mayor, I have received the emails

354
00:28:23,600 --> 00:28:30,240
that have been noted that our city clerk
has also received.

355
00:28:28,240 --> 00:28:34,080
» All right. [clears throat] Has the city
clerk received any protest petition on

356
00:28:32,880 --> 00:28:40,559
the case?
>> Yes, sir. A protest petition signed by

357
00:28:36,799 --> 00:28:44,480
eight or I'm sorry, no. A protest
petition signed by eight residential

358
00:28:42,320 --> 00:28:50,720
property owners was received in the city
clerk's office on July 24th, 2026. For

359
00:28:48,799 --> 00:28:54,200
the city attorney, the petition was not
legally sufficient.

360
00:28:59,200 --> 00:29:05,919
I now ask city council
members if they have all received copies

361
00:29:03,440 --> 00:29:11,440
of the approved and draft minutes for
the planning commission notice hearing

362
00:29:08,240 --> 00:29:17,360
on June 16th, the council meeting on Jo
June July 14th and the plan commission

363
00:29:14,399 --> 00:29:19,520
on July 21st which summarizes the
hearing on the case.

364
00:29:19,039 --> 00:29:22,919
» Yes.
>> Yes. Yes.

365
00:29:25,360 --> 00:29:31,200
I now call on the city zoning
administrator to provide us with a

366
00:29:29,039 --> 00:29:35,360
report on this case.
>> Mayor and council, as you're all very

367
00:29:33,760 --> 00:29:40,080
familiar at this point, we have an
application for a special use to allow

368
00:29:37,840 --> 00:29:44,240
for an intermediate care facility at 224
East Central. Not going to rehash

369
00:29:42,799 --> 00:29:48,559
everything that's happened up to this
point. Um, but I will let you know that

370
00:29:46,720 --> 00:29:52,399
uh I have personally visited the site to
investigate their landscaping and their

371
00:29:50,559 --> 00:29:55,200
site plan and it was deemed to be in
compliance both with the zoning

372
00:29:53,520 --> 00:29:59,919
regulations and with the approved site
plan that's been in place for many years

373
00:29:57,039 --> 00:30:02,880
now. Uh I will add that at our planning
commission meeting last week, the

374
00:30:01,200 --> 00:30:06,960
planning commission adopted uh the
revised findings of fact that you all

375
00:30:04,559 --> 00:30:12,840
will see in your packet uh and voted by
majority to recommend that you all

376
00:30:08,320 --> 00:30:12,840
approve special use with no conditions.

377
00:30:12,880 --> 00:30:21,520
Any
question, councel?

378
00:30:16,720 --> 00:30:26,080
» Mr. Mayor, uh Julie, the uh I was not
present for either of the hearings. I

379
00:30:23,679 --> 00:30:33,840
was out of country.
But on 7:14, roughly 9:39 the evening,

380
00:30:30,640 --> 00:30:40,080
uh council member Barry had asked uh in
his motion for report on six specific

381
00:30:36,559 --> 00:30:45,840
topics from the zoning committee. Uh, I
made note of those six topics and wanted

382
00:30:42,559 --> 00:30:51,600
to find out if during that meeting those
six topics were addressed because I

383
00:30:49,120 --> 00:30:55,360
tried to follow along and I think some
of those things got dropped off as

384
00:30:53,120 --> 00:30:58,399
people were talking over one another or
cutting each other off.

385
00:30:57,120 --> 00:31:02,000
» The motion that was returned to the
planning commission asked for

386
00:30:59,440 --> 00:31:05,760
reconsideration on items 10, 11, 12, and
14, which were the ones that were

387
00:31:03,919 --> 00:31:08,960
revised and expanded that you can that
you can see in your packet there. And

388
00:31:07,760 --> 00:31:12,399
that's what the planning commission
primarily discussed and then based their

389
00:31:10,799 --> 00:31:16,640
recommendation on when they returned the
matter to you.

390
00:31:13,120 --> 00:31:20,000
» Okay. Uh for council then is that when
he asked for the specific reports upon

391
00:31:18,559 --> 00:31:28,279
those six points, is that something
where they were not responsible for or

392
00:31:22,799 --> 00:31:28,279
not necessary to do upon his request?

393
00:31:30,880 --> 00:31:42,480
I'm not sure I understand the motion is
a legal obligation to consider. It was

394
00:31:37,760 --> 00:31:46,240
to consider factors 10, 11, 12, and 14
and I think the planning commission did

395
00:31:44,240 --> 00:31:51,279
that. In fact, read them in detail into
the record. If there were six other

396
00:31:48,799 --> 00:31:56,720
questions that I am missing, which is
possible, um, yeah, you could either ask

397
00:31:54,480 --> 00:32:01,440
those questions now or or he could ask
those questions. staff staff would try

398
00:31:58,880 --> 00:32:06,960
to respond to them, I believe, but the
motion did not include, to my knowledge,

399
00:32:05,039 --> 00:32:12,559
six separate questions.
>> I'm going to encourage staff to look at

400
00:32:09,039 --> 00:32:16,640
uh 2 hours 39 minutes and 50 seconds uh
into that recording. Uh I will encourage

401
00:32:14,960 --> 00:32:21,519
everybody to take a look at that where
he specifically states in his motion

402
00:32:18,880 --> 00:32:27,360
that he was asking them to look at those
and comma not period uh specifically had

403
00:32:25,679 --> 00:32:33,919
six different points that he wanted
addressed um in that and as such I

404
00:32:31,120 --> 00:32:40,480
reviewed that not being here I am coming
into this wounded and trying to put

405
00:32:37,600 --> 00:32:47,120
myself into the position and those six
points were not addressed or to my

406
00:32:44,080 --> 00:32:52,720
knowledge were not
specifically put out which he verbally

407
00:32:49,760 --> 00:32:57,279
stated in his motion. It was not just I
would like them to look over these uh

408
00:32:55,360 --> 00:33:02,640
points
and regardless on this issue or any

409
00:32:59,440 --> 00:33:07,039
other issue if on council we are asked
or asking because he everybody had asked

410
00:33:04,799 --> 00:33:11,440
about circumstances and conditions and
everything else as well but he had

411
00:33:08,799 --> 00:33:17,919
specifically made that that point. If
we're going to ask for a a a

412
00:33:15,919 --> 00:33:23,279
committee to look at something, we would
expect them to address those issues for

413
00:33:21,279 --> 00:33:27,200
us. That way, it doesn't keep going back
and forth like this.

414
00:33:24,559 --> 00:33:32,080
» I I think though what JT is saying is if
if you have six questions, let's go

415
00:33:29,760 --> 00:33:37,840
ahead and ask those six questions or six
issues to see if they're addressed. I do

416
00:33:34,320 --> 00:33:42,960
not recall Tim making a motion. I
remember the same numbers that are in

417
00:33:40,000 --> 00:33:50,640
here that everyone 10 11 12 and 14 I
believe. Um so ask your six questions to

418
00:33:46,559 --> 00:33:57,279
Julie and let's see if staff can
I guess answer them.

419
00:33:54,320 --> 00:34:04,000
» The question is how many times has
planning and zoning approved this site?

420
00:34:02,399 --> 00:34:07,120
» It does not matter. Mr.
>> Hey, I didn't ask you no questions. You

421
00:34:06,480 --> 00:34:11,599
just literally
>> I I I asked him I asked Julie I'm sorry

422
00:34:09,359 --> 00:34:14,800
Julie the question how many times has
this passed through planning zoning and

423
00:34:13,520 --> 00:34:19,679
please don't interrupt me I don't
interrupt you

424
00:34:16,320 --> 00:34:25,399
» if you count the approval back in 2024
then four times a recommended approval

425
00:34:25,839 --> 00:34:33,599
» and how many times is this governing
body

426
00:34:29,760 --> 00:34:37,440
uh passed this claiming zoning through
this uh this uh case.

427
00:34:36,159 --> 00:34:40,958
» How many times have they accepted that
recommendation? Once.

428
00:34:38,879 --> 00:34:48,159
» Once.
[clears throat] And it's worth noting.

429
00:34:43,919 --> 00:34:51,119
Well, we'll let it go for now.
Any [clears throat] other questions for

430
00:34:49,359 --> 00:34:57,200
Julie?
>> Do you want to ask your the questions?

431
00:34:54,639 --> 00:35:01,599
» It was meant for the zoning board to ask
in order to get the correct information

432
00:34:59,119 --> 00:35:05,280
for before the decision. That is why he
had those questions.

433
00:35:03,520 --> 00:35:08,280
That's why they are there part of the
record.

434
00:35:08,640 --> 00:35:17,400
» All right.
Are there any questions to the applicant

435
00:35:12,960 --> 00:35:17,400
from the council or city staff?

436
00:35:17,639 --> 00:35:22,640
[clears throat]
>> Mr.

437
00:35:21,599 --> 00:35:27,280
» I have questions.
>> Yes. All right. You interrupted me

438
00:35:24,640 --> 00:35:32,680
again. That's twice. All right. Let me
stop. Sir, could you come to the podium,

439
00:35:29,680 --> 00:35:32,680
please?

440
00:35:34,160 --> 00:35:41,040
So,
um, so one of the things that they're

441
00:35:37,920 --> 00:35:45,680
concerned about is the fencing in back.
>> Can you handle that?

442
00:35:43,440 --> 00:35:48,960
8 foot fence in back.
>> We're happy to build whatever sort of

443
00:35:47,200 --> 00:35:54,240
fence will satisfy you.
>> Um, security. Are the people going to be

444
00:35:52,320 --> 00:35:56,000
able to go to McDonald's and have a
hamburger?

445
00:35:55,040 --> 00:35:58,960
» No, sir.
>> Are they going to be able to go walking

446
00:35:57,359 --> 00:36:02,000
around the streets by theirel?
>> No, sir.

447
00:36:00,480 --> 00:36:05,680
What's what's going to keep that from
happening? Uh

448
00:36:03,200 --> 00:36:10,880
» whenever folks go outside, they are
escorted by our staff. Uh we have

449
00:36:08,160 --> 00:36:14,480
cameras uh throughout our facilities uh
so we know where our folks are at all

450
00:36:12,480 --> 00:36:20,079
times. We have uh recovery support
advocates who do regular rounds and

451
00:36:17,599 --> 00:36:24,960
checks to know where people are. Uh we
have doors that are alarmed. We have uh

452
00:36:22,880 --> 00:36:29,520
controlled access.
Those all serve to mitigate people

453
00:36:28,000 --> 00:36:35,200
leaving and [clears throat] wandering.
Um I think it's important to note too if

454
00:36:32,320 --> 00:36:39,599
I may that the the people we're we're
serving are people who are there

455
00:36:36,400 --> 00:36:43,359
voluntarily um and I'd shared uh during
the planning commission for those of you

456
00:36:40,960 --> 00:36:48,720
who saw that uh how much people are
investing in order for the opportunity

457
00:36:45,200 --> 00:36:53,520
to be there uh people who make that kind
of investment uh and and meet the

458
00:36:51,839 --> 00:36:58,400
demographic that we're serving which is
the the demographic of of our esteemed

459
00:36:56,640 --> 00:37:04,079
crowd here and the council and all of us
who are here. Um they they aren't going

460
00:37:01,520 --> 00:37:09,839
to uh wander into a neighborhood.
They're not going to break into

461
00:37:05,839 --> 00:37:16,960
someone's garage and swim in their pool.
>> Okay, Mr. Gallagher. Um thank you, sir.

462
00:37:14,160 --> 00:37:24,079
Uh first off, to both yourself, Mr.
Leech, and all the parties with your

463
00:37:20,480 --> 00:37:29,680
center, I would like uh to apologize for
how things come across. Um, there are a

464
00:37:27,359 --> 00:37:34,560
ton of questions that I have have in
reference to this. Um, and I know that

465
00:37:32,800 --> 00:37:39,119
it's a passionate thing for the whole
community. You never get a second chance

466
00:37:37,119 --> 00:37:43,520
to make a first impression and I think
there were two things that came about

467
00:37:40,880 --> 00:37:50,160
that started this off on the wrong foot.
Um, unfortunately the temporary zoning

468
00:37:46,960 --> 00:37:53,680
had expired. uh then with the media uh
public publicity and everything else

469
00:37:51,839 --> 00:37:57,440
that you guys were opening and some
people automatically assumed that you

470
00:37:55,520 --> 00:38:04,560
were already operating uh they felt
slighted um and that is a mistake.

471
00:38:02,720 --> 00:38:08,240
Everybody has has accepted that I hope
and have moved on because you have not

472
00:38:06,079 --> 00:38:12,720
opened up business yet. Additionally,
our own city policies uh may have led to

473
00:38:11,119 --> 00:38:19,680
some of the anger from the community,
not to mention my own actions um being

474
00:38:15,839 --> 00:38:24,720
taken as having a bias or prejudice.
As such though, um one of the concerns

475
00:38:22,880 --> 00:38:28,800
was, and I'm glad you brought that up,
Mr. Mayor brought this up as well, uh

476
00:38:26,880 --> 00:38:33,280
the barrier screening was was talked
about during the zoning committee. Uh

477
00:38:30,560 --> 00:38:38,480
Mr. Leech had stated that he was happy
to meet uh with the affected neighbors

478
00:38:35,599 --> 00:38:42,640
and would be willing uh to build a
sufficient barrier uh to be a good

479
00:38:40,400 --> 00:38:48,079
neighbor. Um I'm asking you here
officially on record if uh that is what

480
00:38:45,520 --> 00:38:52,720
you would intend to do. And if so, I
would uh I really appreciate it if you

481
00:38:50,240 --> 00:38:58,400
would not just with that, but talk with
the neighborhood about

482
00:38:55,920 --> 00:39:04,960
just ask or listen to them about their
overall concerns one-on-one even. Um the

483
00:39:02,160 --> 00:39:09,760
uh obviously it's a passionate thing.
Regardless of how this goes, somebody's

484
00:39:08,000 --> 00:39:16,400
not going to be happy. It's it's always
going to be that way. But if you would

485
00:39:12,560 --> 00:39:21,680
be able to address that um that I'm
going to call the screening barrier as

486
00:39:19,680 --> 00:39:25,280
uh as Mr. Leech had stated that would be
greatly appreciated. Um I know that he

487
00:39:23,839 --> 00:39:29,520
had said that it could be put into
conditions in the zoning and for

488
00:39:27,599 --> 00:39:33,040
whatever reason was not and that was my
biggest concern to to start off with

489
00:39:31,040 --> 00:39:39,040
because that seems something fairly
reasonable for making happy neighbors.

490
00:39:36,320 --> 00:39:42,320
that we will commit to building whatever
sort of fence u is is reasonable. I

491
00:39:42,079 --> 00:39:46,400
mean,
>> right. And that's I'm just talking about

492
00:39:43,920 --> 00:39:51,200
reason. I I'm not I'm not expecting and
I hope the residents here if everything

493
00:39:48,800 --> 00:39:55,200
goes through and you all sit down, I
don't want anybody to be, you know,

494
00:39:53,359 --> 00:39:59,280
suggesting there needs to be a, you
know, great wall built, you know, 10

495
00:39:57,920 --> 00:40:03,760
feet tall or anything. It does need to
be reasonable. And I think the fact that

496
00:40:01,280 --> 00:40:06,560
those residences sit lower, uh, they're
concerned about being being able to get

497
00:40:05,440 --> 00:40:10,320
out of their cars and just see into
their backyards and their windows and so

498
00:40:08,079 --> 00:40:13,760
forth. And but again, something that's
respectable that represents your

499
00:40:12,560 --> 00:40:16,160
business as well as the neighborhood
behind it would be great.

500
00:40:15,440 --> 00:40:18,960
» Absolutely.
>> And I believe this we have an ordinance

501
00:40:17,599 --> 00:40:22,079
on how high you can go and I believe
it's 8 foot. Is that correct? No, we're

502
00:40:21,200 --> 00:40:25,040
not having
>> I believe it's six foot based on what

503
00:40:23,680 --> 00:40:27,599
was said in the planning committee. But
>> there you go.

504
00:40:25,839 --> 00:40:31,760
» We're happy to build a six foot fence.
So, I've I've drove back there many of

505
00:40:29,280 --> 00:40:35,599
times because that's what I do. And they
got six foot fence back there,

506
00:40:33,200 --> 00:40:40,720
unfortunately, the way it sets compared
to the parking lot, it's probably about

507
00:40:37,680 --> 00:40:47,040
4 and 1/2 ft. But if you do a 6 in foot
and and and and only three houses back

508
00:40:44,000 --> 00:40:50,480
up to the facility itself. So, and I
noticed you have the smoking area and

509
00:40:48,960 --> 00:40:55,839
stuff
on the west west side. Is that where

510
00:40:54,160 --> 00:40:59,839
people will be staying or will they be
able to mill around back there? What's

511
00:40:57,440 --> 00:41:03,119
what's your stance on that?
>> So, yes, that's where people will be

512
00:41:01,520 --> 00:41:06,800
staying. No, people won't be able to
mill around back there.

513
00:41:06,758 --> 00:41:10,720
[clears throat and cough]
>> Is the smoking area enclosed or or like

514
00:41:09,200 --> 00:41:12,560
fenced in or anything like that? I'm
just curious.

515
00:41:11,359 --> 00:41:16,079
» It's under a canopy.
>> Okay.

516
00:41:14,880 --> 00:41:17,520
» Mr. Mayor, I have a question.
>> Excuse me.

517
00:41:16,720 --> 00:41:23,359
» I have a question.
>> Yes. Oh, I'm sorry. Um, [clears throat]

518
00:41:20,880 --> 00:41:27,119
I know that this has been stated before
because I believe I might have been one

519
00:41:25,359 --> 00:41:32,400
of the ones that asked it, but if you
could please clarify.

520
00:41:29,359 --> 00:41:39,040
Um, it I know has been brought up a
couple more times since the last council

521
00:41:35,040 --> 00:41:44,079
meeting, but there is a
um background check an an extensive

522
00:41:41,760 --> 00:41:50,240
background check that you go through.
And if I'm understanding correctly,

523
00:41:47,359 --> 00:41:58,319
there's nothing that is courtmandated or
nothing um violent offenders or anyone

524
00:41:54,240 --> 00:42:02,480
that has felonies, they will not be
here. Correct.

525
00:42:00,160 --> 00:42:06,079
» So, let me answer that in sections. So,
yes, we will be screening for any

526
00:42:04,560 --> 00:42:10,960
individuals who are on our offender
registry. So if anyone's on an offender

527
00:42:08,240 --> 00:42:16,480
reg a sexual offender registry, violent
offender registry or drug offender

528
00:42:12,319 --> 00:42:21,359
registry, they will not be uh permitted.
Yes, we go through uh all of our

529
00:42:19,440 --> 00:42:28,720
patients go through a screening process
that assesses uh any behavioral

530
00:42:23,920 --> 00:42:34,240
concerns, any criminal concerns, uh any
mental health concerns, any medical

531
00:42:30,560 --> 00:42:38,880
concerns uh that may interfere with
their ability to participate in

532
00:42:35,440 --> 00:42:44,720
treatment at our facility. Um
no one will be mandated to attend

533
00:42:41,200 --> 00:42:50,079
treatment at our facility. Um, now as to
whether or not there will be people who

534
00:42:47,200 --> 00:42:55,359
have been convicted of felonies there,
um, no, we will not automatically screen

535
00:42:53,280 --> 00:43:00,960
someone out because they have a felony.
Now, we would evaluate what that felony

536
00:42:57,359 --> 00:43:04,079
is and base our admissions decisions on
the nature of that.

537
00:43:03,280 --> 00:43:06,640
» Thank you.
>> You're welcome.

538
00:43:05,200 --> 00:43:10,800
» In [clears throat] regards to family
coming and visiting or someone that may

539
00:43:09,200 --> 00:43:16,160
carry stuff in their pockets, how do you
handle that? So [clears throat]

540
00:43:12,480 --> 00:43:21,599
first all of before people come to visit
uh the patients submit to their primary

541
00:43:20,240 --> 00:43:25,520
therapist who they would like to have
come visit them while they're there.

542
00:43:23,280 --> 00:43:30,240
They process through that discussing
who's going to be someone who is going

543
00:43:27,680 --> 00:43:34,400
to be a supportive and healthy person uh
for them to come visit and who won't be.

544
00:43:32,640 --> 00:43:39,119
And so
you know that's kind of the first

545
00:43:35,760 --> 00:43:42,720
screening process. Um, when people come
to visit the facility, the facil the

546
00:43:40,960 --> 00:43:48,240
visitations will be indoors and they'll
be supervised by staff the entire time.

547
00:43:46,000 --> 00:43:51,875
Okay.
Anyone else? [clears throat]

548
00:43:54,560 --> 00:43:59,080
Okay.
[clears throat and cough]

549
00:44:00,000 --> 00:44:06,560
The governing governing body has been
provided with the approved

550
00:44:04,720 --> 00:44:11,200
and draft minutes for the planning
commission notice hearing on June 16,

551
00:44:09,599 --> 00:44:15,920
2026,
the council meeting on Jul July 14th,

552
00:44:14,160 --> 00:44:22,880
and the planning commission meeting on
July 21st, 2026. The videos of those

553
00:44:20,160 --> 00:44:28,319
meetings have been made available and
I've watched all of them [clears throat]

554
00:44:24,880 --> 00:44:33,280
having had having had numerous public
hearings. There will be no public

555
00:44:30,720 --> 00:44:37,440
comments taken at this time. The
following are options are available to

556
00:44:34,960 --> 00:44:40,640
the city council regarding this case.
>> Mayor, if I may, before you continue.

557
00:44:39,280 --> 00:44:44,880
» Yes, ma'am.
Um, I just wanted to put in the record

558
00:44:42,960 --> 00:44:48,640
that I have received 60 written
communications that have been

559
00:44:46,640 --> 00:44:53,520
distributed to the governing body and
made available to the public in the

560
00:44:50,000 --> 00:44:57,440
packet tonight. I received one after the
posting of the agenda this afternoon and

561
00:44:55,599 --> 00:45:01,280
they've been provided to you at the
bench and um will be included in the

562
00:44:59,760 --> 00:45:04,400
packet. Thank you.
>> Okay. Thank you. I want to ask one more

563
00:45:03,920 --> 00:45:09,839
question.
>> Yes, sir. Have you not have you not

564
00:45:07,119 --> 00:45:14,000
invited many a myriad of people to come
tour your facility?

565
00:45:11,359 --> 00:45:18,079
» We have. We've had um first we had our
our open house u before we learned that

566
00:45:17,520 --> 00:45:23,440
the
>> right special use permit hadn't had

567
00:45:20,079 --> 00:45:28,640
expired. Then we've had three separate
uh public events where we've invited uh

568
00:45:26,079 --> 00:45:33,119
the public to come tour the facility and
visit with us. Um we would we want to

569
00:45:31,599 --> 00:45:39,760
continue that and continue that
dialogue. Um, if things go uh in our

570
00:45:37,520 --> 00:45:43,920
favor tonight, then we would be very
receptive to doing that again tomorrow,

571
00:45:41,599 --> 00:45:47,920
uh, per uh, Councilman Gallagher's
suggestion that we we visit neighbors.

572
00:45:45,920 --> 00:45:51,920
Uh, that's been our our hope and our
goal all along is to to be a good

573
00:45:49,760 --> 00:45:55,760
neighbor, to be a a good part of the
community, and to be in dialogue with

574
00:45:54,000 --> 00:45:58,560
folks.
>> Thank you.

575
00:45:57,581 --> 00:46:02,640
[clears throat] Again, the following
options are available to the council

576
00:46:00,000 --> 00:46:06,400
regarding this case. adopt the findings
of facts

577
00:46:04,640 --> 00:46:11,680
and recommendations of the planning
zoning by four vote majority

578
00:46:09,920 --> 00:46:16,400
and I'm I'm going to emphasize that
adopt the finding and facts

579
00:46:14,560 --> 00:46:23,599
and recommendations of the planning
commission revise or amend the finding

580
00:46:19,920 --> 00:46:27,440
of the fact or fact or add conditions to
recommendations of the planning and

581
00:46:25,599 --> 00:46:33,599
zoning commission by a four vote
majority or override the recommendation

582
00:46:30,640 --> 00:46:38,400
the planning commission by a four four
vote majority. Assuming the council has

583
00:46:36,400 --> 00:46:41,880
received all the information they need
on this case,

584
00:46:42,122 --> 00:46:48,160
[clears throat] you have received an
outline of the choices provided under

585
00:46:45,280 --> 00:46:54,720
the stat state statutes for council
action KSA 12-757C.

586
00:46:52,960 --> 00:46:58,160
Council, how do you wish to act,
>> Mr. Mayor?

587
00:46:55,760 --> 00:47:04,480
» Yes, sir. [clears throat]
Um, you know, I want the city to know,

588
00:47:00,720 --> 00:47:09,440
um, citizens, constituents, that, um,
after last time making the motion and

589
00:47:06,640 --> 00:47:15,599
falling flat, I did do some, um,
reflection on the videos, Jason's

590
00:47:12,079 --> 00:47:18,240
concerns, citizens concerns, um, watched
the the planning and zoning. Is Doug

591
00:47:17,280 --> 00:47:22,000
here tonight?
>> No, Doug wasn't a little um,

592
00:47:20,112 --> 00:47:28,960
[clears throat] so and and saw that. So,
with that said, I move

593
00:47:27,119 --> 00:47:34,960
to
override and add conditions.

594
00:47:32,960 --> 00:47:39,599
Sorry, I've never done this before, so
I'm going to do it and and JT can tell

595
00:47:37,520 --> 00:47:43,680
me if I'm outline. I've got six
conditions here that I'd like to read.

596
00:47:41,839 --> 00:47:49,200
Um I think the most pertinent public
concerns covered below um while making

597
00:47:46,720 --> 00:47:55,680
sure nothing violates the Fair Housing
Act, ADA, equal protection, and due due

598
00:47:52,480 --> 00:47:59,119
process concerns. I have proposed these
conditions

599
00:47:57,440 --> 00:48:03,760
which have related with the finding of
fact addressed below as well. Um number

600
00:48:02,240 --> 00:48:07,760
one
the special use shall be limited to a

601
00:48:05,680 --> 00:48:12,880
residential impatient intermediate care
facility outpatient treatment services

602
00:48:10,400 --> 00:48:17,280
walk-in services day treatment services
medication dispensing services for

603
00:48:14,640 --> 00:48:21,760
non-residents and similar ambulatory
activities and services are prohibited.

604
00:48:19,760 --> 00:48:26,480
The finding number 11, this directly
addresses the public comment regarding

605
00:48:23,760 --> 00:48:30,640
traffic, visitor activity, non-resident
patient activity, and neighboring

606
00:48:27,920 --> 00:48:35,040
impacts. Finding number 12, this more
closely aligns with the medical campus

607
00:48:33,040 --> 00:48:40,079
and institutional uses contemplated
within the city center place type.

608
00:48:37,680 --> 00:48:43,920
Number two, the facility shall operate
solely as a volunteer residential

609
00:48:41,760 --> 00:48:48,240
intermediate care facility consistent
with representations made during the

610
00:48:45,760 --> 00:48:51,920
public hearing process. Finding number
10, the planning commission and

611
00:48:49,920 --> 00:48:56,400
councelor record repeatedly relied upon
testimony that the facility is

612
00:48:53,359 --> 00:49:00,400
voluntary. Finding number 11 supports
the conclusion that the operational

613
00:48:58,079 --> 00:49:05,359
impacts will be less intensive than
correctional or custodial settings.

614
00:49:03,520 --> 00:49:10,079
Condition number three, the facility
shall not exceed a maximum resident

615
00:49:07,280 --> 00:49:14,640
census of 65 residents at any time
unless an amendment to the special use

616
00:49:11,920 --> 00:49:20,400
is approved. Finding number 11 directly
mitigates intensity of use concerns,

617
00:49:17,680 --> 00:49:25,680
limits traffic, staffing demand, parking
demand, deliveries, and public service

618
00:49:22,319 --> 00:49:30,800
impacts. Finding number 14, it balances
the public concerns while still allowing

619
00:49:27,760 --> 00:49:35,280
the applicant to utilize the property.
Condition number four, within six

620
00:49:32,880 --> 00:49:39,599
months, the application the application
applicant shall install additional

621
00:49:37,280 --> 00:49:44,960
evergreen screening along the north
property line sufficient to achieve

622
00:49:41,280 --> 00:49:49,119
yearround visual screening. Uh finding
number 10, it directly addresses the

623
00:49:46,559 --> 00:49:53,680
neighborhood character. 11, it mitigates
the visual impacts. And number 14, it

624
00:49:51,599 --> 00:49:57,440
protects the neighboring per properties
while permitting use of a vacant

625
00:49:55,599 --> 00:50:02,000
building.
Number five, prior to operation, the

626
00:49:59,760 --> 00:50:05,760
operator shall file a security and
access management plan to the director

627
00:50:03,760 --> 00:50:10,640
of community development, providing
controlled access, alarmed exit,

628
00:50:08,319 --> 00:50:15,839
security cameras, visitor management
procedures, and 24-hour staffing. This

629
00:50:13,839 --> 00:50:19,599
finding 11 directly addresses public
safety concerns and reduces potential

630
00:50:17,599 --> 00:50:23,599
impacts on the neighboring properties.
Finding number 14, it helps support a

631
00:50:21,440 --> 00:50:28,160
finding that approval will not create a
net detriment to the public welfare.

632
00:50:26,319 --> 00:50:31,920
Finally, condition number six, that the
operator shall maintain written

633
00:50:29,599 --> 00:50:35,920
procedures governing all resident
discharges. Transportation shall be

634
00:50:33,839 --> 00:50:39,359
offered for all departures and that the
operator shall maintain documentation

635
00:50:37,920 --> 00:50:44,640
demonstrating compliance with this
condition and so m and shall make such

636
00:50:42,319 --> 00:50:49,200
documentation available to the city upon
request in connection with a verified

637
00:50:46,400 --> 00:50:54,079
complaint or a comp compliance review.
This mit number 11 mitigates public

638
00:50:51,520 --> 00:50:57,760
concerns regarding walkaways, proximity
to schools, people entering the

639
00:50:56,000 --> 00:51:02,000
neighborhood, entering nearby
neighborhoods. And then also number 14

640
00:51:00,240 --> 00:51:06,800
demonstrates safeguards intended to
reduce off-site impacts while still

641
00:51:04,400 --> 00:51:09,960
permitting the need of need service to
be offered.

642
00:51:12,160 --> 00:51:16,839
And that's what I have.

643
00:51:23,680 --> 00:51:32,559
So, we're walking a fine line there. A
lot of it I agree with, but how who are

644
00:51:27,920 --> 00:51:37,359
we to who are we to tell a any business
how to how to run their business in

645
00:51:34,880 --> 00:51:43,680
their capacity?
Uh that's not we're not going to tell a

646
00:51:41,599 --> 00:51:47,760
liquor store how many how many 12-packs
they can sell or how many coolers they

647
00:51:45,599 --> 00:51:53,200
can have in their building or so. I
think we're crossing the line telling a

648
00:51:50,319 --> 00:51:58,880
business that's coming into town how to
run their business. I think that's a I

649
00:51:55,920 --> 00:52:05,359
think that's a slippery slope in regards
to capacity. Uh

650
00:52:02,559 --> 00:52:11,280
» I was trying to meet both parties. I'm
involved with this. I put a lot of

651
00:52:06,880 --> 00:52:16,240
thought into this. Um, and I feel
that if if Jason and and Doug and and

652
00:52:13,839 --> 00:52:22,559
Nick and those guys
find this okay, then,

653
00:52:19,359 --> 00:52:26,319
you know, we go this route, but I would
still need a second. So, I

654
00:52:24,480 --> 00:52:30,960
» I am not okay telling them how many
patients they can help help. I wouldn't

655
00:52:28,480 --> 00:52:34,720
tell the nursing home next door how many
seats they can have or the nursing home

656
00:52:32,800 --> 00:52:42,480
that my wife works in how many beds they
can have. Uh, it's not a it's not a the

657
00:52:39,760 --> 00:52:46,800
state of Kansas is able to tell
physician-owned hospitals

658
00:52:45,040 --> 00:52:51,440
how many beds they can have and it
handcuffs them to where they can't

659
00:52:48,480 --> 00:52:54,319
compete with with other ones that are
that are So,

660
00:52:53,040 --> 00:52:59,599
» this is the number they threw out.
That's how I came up with it. I get what

661
00:52:56,400 --> 00:53:04,720
you're saying. So, I was just trying to
state for the record what Jason and Doug

662
00:53:01,839 --> 00:53:09,839
and those guys had said. So that's why I
put that in there.

663
00:53:08,240 --> 00:53:12,880
» So we're licensed by the Kansas
Department of Aging and Disability

664
00:53:11,280 --> 00:53:16,800
Services and they regulate the number of
beds that we're approved for. They've

665
00:53:14,800 --> 00:53:23,200
approved us for 80 beds. We talked about
65 beds. We talked about

666
00:53:20,240 --> 00:53:29,520
what what we anticipate will be a usual
census. It may sometimes go above 65. Uh

667
00:53:27,280 --> 00:53:32,079
it you from a business perspective, it
would be wonderful to have 80 patients.

668
00:53:30,880 --> 00:53:36,880
We would love to be able to provide
services that many. It rarely rarely

669
00:53:34,720 --> 00:53:43,599
happens that a substance use treatment
program is at capacity or is a licensed

670
00:53:39,520 --> 00:53:47,359
capacity. So sometimes it'll be 65 was
kind of the number that was thrown out

671
00:53:44,720 --> 00:53:50,640
as where we think we will probably be.
Uh sometimes we may be below that.

672
00:53:49,119 --> 00:53:56,119
Sometimes we may be above that. We'll
never be above 80.

673
00:53:53,119 --> 00:53:56,119
» Okay.

674
00:53:56,480 --> 00:54:03,200
» I would amend my motion then for I
believe it was number

675
00:54:00,960 --> 00:54:07,440
» three. three [clears throat]
to be the resident census of

676
00:54:06,400 --> 00:54:09,520
80
>> Yes, sir.

677
00:54:08,000 --> 00:54:13,800
» residents at any time unless an
amendment to the special use is

678
00:54:10,800 --> 00:54:13,800
approved.

679
00:54:15,280 --> 00:54:21,079
» So, I have a a motion. Do I have a
second?

680
00:54:27,680 --> 00:54:36,720
» Mr. Mayor, would it be us to consult our
attorney on the legality of this motion.

681
00:54:34,000 --> 00:54:41,599
» Thank you for asking. [laughter]
Um I uh

682
00:54:40,240 --> 00:54:44,319
actually sort of apologized to the
planning commission because they thought

683
00:54:42,800 --> 00:54:48,480
they were in a difficult position with
all the things that were going on. I

684
00:54:45,839 --> 00:54:52,079
think it's a tough job uh until I had
this one tonight. And so I feel a little

685
00:54:50,559 --> 00:54:58,319
like stumped the band. But I'm going to
go through these and I'm just going to

686
00:54:53,440 --> 00:55:01,599
tell you what I think. Okay? and and uh
legal minds can differ, but but I'm

687
00:55:00,319 --> 00:55:06,119
going to I'm going to tell you what I
what I think. Um

688
00:55:06,800 --> 00:55:14,160
and if I get them out of order or I get
them wrong, you can correct me. I'm

689
00:55:11,200 --> 00:55:17,359
taking notes
>> and and

690
00:55:14,880 --> 00:55:23,440
» I believe I believe you're first. I I do
want to apologize to you and maybe why

691
00:55:19,920 --> 00:55:29,839
some of this looks like while I prepared
this not necessarily prepared for

692
00:55:27,520 --> 00:55:37,119
his actions because as we are in a quasi
dule um role up here part of that too is

693
00:55:34,640 --> 00:55:42,400
not giving feedback to emails, not
partaking in that debate outside of

694
00:55:39,520 --> 00:55:47,599
here. The bench is where this happens.
So, I appreciate everyone asking their

695
00:55:45,359 --> 00:55:50,640
questions up here um so that we can get
that out in the public as well. Sorry,

696
00:55:49,040 --> 00:55:54,640
JT. I didn't mean to cut you off. It's
all right.

697
00:55:52,559 --> 00:55:57,599
I'm going to summarize what I wrote down
and you can correct me if that wasn't

698
00:55:56,240 --> 00:56:04,079
the intent.
>> Um number one was to restrict the

699
00:56:01,040 --> 00:56:08,559
facility to
to inpatient

700
00:56:06,240 --> 00:56:14,880
residential treatment, not allow
outpatient treatment.

701
00:56:11,280 --> 00:56:20,400
Um, I don't know if that one is okay,
but uh I think it doesn't matter. The

702
00:56:18,000 --> 00:56:26,960
special use doesn't approve outpatient
treatment. The special use approves

703
00:56:23,119 --> 00:56:32,079
custodial treatment. So So the special
use wouldn't wouldn't approve outpatient

704
00:56:29,599 --> 00:56:39,280
treatment. So I'm confused whether or
not that one should be a condition since

705
00:56:34,720 --> 00:56:44,880
the special use doesn't approve it. Um,
and and what I'm worried about is that

706
00:56:42,960 --> 00:56:50,640
if it's allowed without a special use,
and I I think it's probably not, but but

707
00:56:48,640 --> 00:56:55,599
I would need more time to research that,
quite frankly, but if it's allowed

708
00:56:52,880 --> 00:56:59,680
without a special use, this would not be
a forum in which you could now restrict

709
00:56:57,599 --> 00:57:06,720
that because it would be it would be
permitted zoning now. Um but

710
00:57:04,000 --> 00:57:10,079
uh so so I'm gonna I'm going to just say
as to number one which would be to

711
00:57:08,400 --> 00:57:13,839
eliminate outpatient treatment. The
special use doesn't approve outpatient

712
00:57:12,160 --> 00:57:19,839
treatment. So I think it's kind of a
nullity. That's just my opinion.

713
00:57:17,520 --> 00:57:24,319
Uh number two that it be restricted to
voluntary residents. So this is a very

714
00:57:22,079 --> 00:57:29,359
difficult place we get to and I I think
when you try to draw a distinction

715
00:57:26,880 --> 00:57:34,480
between people with a disability
including recovering addicts between

716
00:57:31,440 --> 00:57:37,520
those who are diagnosed and and and want
treatment and those who don't. I think I

717
00:57:36,240 --> 00:57:41,920
think you probably can't do that. I
think I think number two is probably not

718
00:57:39,520 --> 00:57:45,839
okay. I'm just going to tell you that I
think it's probably not okay. Doesn't

719
00:57:44,319 --> 00:57:49,200
mean you can't do it. We'll find out in
the courts if if it is or isn't. But I'm

720
00:57:48,000 --> 00:57:53,520
going to tell you that I think it's
probably not okay.

721
00:57:51,760 --> 00:57:58,799
Um
uh as I understood number three now it

722
00:57:56,480 --> 00:58:03,359
is to restrict the occupancy to 80
residents.

723
00:58:01,200 --> 00:58:08,880
Uh
Councilman Henry I I think you did a a

724
00:58:07,040 --> 00:58:13,119
pretty good job of making that
non-punitive. You talked about density.

725
00:58:11,359 --> 00:58:19,680
You talked about traffic. You talked
about the legitimate zoning concerns. I

726
00:58:16,720 --> 00:58:23,839
think limiting the density and use of a
property uh to protect surrounding

727
00:58:21,760 --> 00:58:28,559
properties is probably a reasonable
zoning function. And as long as it

728
00:58:25,760 --> 00:58:35,040
doesn't discriminate against uh persons
who are disabled or or in this case the

729
00:58:31,920 --> 00:58:41,200
guests themselves, it's probably an okay
restriction and seems like a reasonable

730
00:58:37,119 --> 00:58:46,720
accommodation for this use. So So going
to step out there and say I think number

731
00:58:43,119 --> 00:58:52,799
three is okay.
Um,

732
00:58:48,319 --> 00:58:55,760
number four was to require trees.
Am I remembering it right?

733
00:58:55,119 --> 00:58:59,040
» Yeah.
>> Evergreen trees be planted. That, you

734
00:58:57,680 --> 00:59:03,040
know, I guess what I'm thinking about
here is that the leaves don't fall and

735
00:59:00,720 --> 00:59:06,640
then everybody can see into the into the
neighborhood.

736
00:59:04,480 --> 00:59:11,760
» I'm going to give that an A+. Okay. That
is an okay condition you can place on a

737
00:59:08,880 --> 00:59:16,400
property. Uh, buffers and zones. That is
that is a that is is is reasonable. And

738
00:59:15,040 --> 00:59:19,920
it's worth noting there's a bunch of
trees back there now,

739
00:59:17,920 --> 00:59:28,400
» but but I I'm I'm I'm just I'm just
trying to call these as I see them. Um

740
00:59:25,119 --> 00:59:33,359
number five was to submit a security
plan that the director of community

741
00:59:30,640 --> 00:59:38,079
development would review. I'm I'm going
to make sure that I my view of how I'd

742
00:59:36,400 --> 00:59:41,520
understand that is uh you know, we
wouldn't we wouldn't necessarily know

743
00:59:39,599 --> 00:59:46,400
how to get in or get out. We just want
to know what the plan is. Um, I will

744
00:59:44,559 --> 00:59:51,119
tell you that your community development
director uh told me that he feels a

745
00:59:49,359 --> 00:59:56,160
little ill-skilled to evaluate a plan
and doesn't really have a specialty in

746
00:59:53,119 --> 01:00:05,160
that regard. Uh, nor neither do I. But
I'll go one step further. To me, that

747
00:59:59,680 --> 01:00:05,160
seems to be uh

748
01:00:05,280 --> 01:00:15,040
that seems to me to be uh a restriction
that is punitive and based upon the

749
01:00:13,280 --> 01:00:20,720
uh nature of the guests. And here's
here's what I mean by that. Um would

750
01:00:18,240 --> 01:00:29,839
would you require a security and access
plan for uh rehabilitation facility that

751
01:00:25,599 --> 01:00:33,839
um that uh treated people who had had a
hip replacement?

752
01:00:31,839 --> 01:00:38,960
And if the answer to that is no, then
I'm concerned about number five because

753
01:00:36,160 --> 01:00:45,520
I I think it I think it discriminates
against a a a particular class of people

754
01:00:42,720 --> 01:00:53,119
who are disabled by addiction. So, I'm
going to tell you number five bothers me

755
01:00:48,240 --> 01:00:57,680
and I I I think it may not be legal. Um,
and then um

756
01:00:55,839 --> 01:01:03,200
and I'm going to summarize my opinion
here at the end.

757
01:01:00,160 --> 01:01:10,720
Uh your number six, as I recall it, was
that when people leave

758
01:01:06,160 --> 01:01:14,799
um they'd either be uh that they they
they'd be offered transportation for all

759
01:01:12,960 --> 01:01:21,599
departures is what I remember. Am I
getting the gist of it?

760
01:01:16,880 --> 01:01:28,000
» Yes. And if I may, before you summarize,
five and six were things that Jason or

761
01:01:24,079 --> 01:01:32,559
Doug Nick addressed. Um, so I didn't
feel it was going to be a legality issue

762
01:01:30,720 --> 01:01:38,720
since they kind of brought it up. I was
just putting it in record um, for this.

763
01:01:35,760 --> 01:01:41,280
So that's why I did that. As far as
those two,

764
01:01:39,680 --> 01:01:45,119
» I don't know if this is helpful, but I
do based on some faces that I'm seeing.

765
01:01:43,200 --> 01:01:50,000
I do want to be very clear when when Mr.
Claus is saying this, we do not ask for

766
01:01:47,440 --> 01:01:53,359
a security or operations plan for any
other business that has gone through

767
01:01:51,599 --> 01:01:58,799
zoning
ever that I'm aware of. So that when he

768
01:01:56,079 --> 01:02:03,839
says, "Would you do this for the two ERS
you already have in town?" No, we did

769
01:02:00,480 --> 01:02:07,839
not. Would you do this for a liquor
store? No, we do not

770
01:02:06,079 --> 01:02:11,440
» any of that. The answer is no, we do
not.

771
01:02:09,680 --> 01:02:15,599
» And that unfortunately, I think, is the
answer for number six, too. We don't. We

772
01:02:13,520 --> 01:02:22,720
do not. even though they've agreed
they'll do it. Um we don't we don't have

773
01:02:19,839 --> 01:02:29,520
a requirement for how uh people leaving
the hospital are transported um or uh

774
01:02:26,799 --> 01:02:33,920
that the transport and or discharge
documentation is made available to the

775
01:02:31,920 --> 01:02:38,319
city. I I do understand there will be
state regulations in this regard that

776
01:02:35,839 --> 01:02:41,839
have to be complied with and I'm also
concerned that we would do something

777
01:02:40,319 --> 01:02:47,359
that interferes with those state
regulations because um this is clearly

778
01:02:44,720 --> 01:02:51,359
an area in which the state has exercised
its authority and so I I got a little

779
01:02:49,599 --> 01:02:58,240
concerned we're playing around in that.
So, in reviewing your uh

780
01:02:56,480 --> 01:03:02,559
conditions,
uh outpatient treatment, we're not

781
01:03:00,799 --> 01:03:07,359
approving outpatient treatment. So, I
don't understand that one. So, I'm going

782
01:03:04,319 --> 01:03:11,920
to go with a no on that. Uh the
voluntary the the distinction between

783
01:03:10,240 --> 01:03:15,520
the nature of addiction between people
who seek voluntary treatment and who

784
01:03:13,680 --> 01:03:20,480
don't, I think is discriminatory, and
I'm definitely going to go with a no on

785
01:03:17,039 --> 01:03:26,000
that one. Uh the 80 residents, I I'm
okay with that one. Uh the trees, I'm

786
01:03:23,359 --> 01:03:30,240
okay with that one. Uh the security and
access plan seems discriminatory since

787
01:03:28,079 --> 01:03:35,119
we've never required anybody ever in a
zoning case to have that before. And

788
01:03:32,960 --> 01:03:39,839
same way with transportation. So on your
conditions, and I realize it's just a

789
01:03:36,720 --> 01:03:45,200
motion that hasn't been seconded yet. Um
and we can discuss it more if it is

790
01:03:42,079 --> 01:03:49,440
seconded. Um, I guess I' I guess I'd
like to consider not including one just

791
01:03:47,599 --> 01:03:55,760
because I don't think it matters. I
don't think we're approving that. Um, no

792
01:03:52,559 --> 01:04:02,480
on number two, okay on three, okay on
four, and no, probably not okay on five

793
01:03:58,960 --> 01:04:07,680
and six. And I'm sorry if any of that
offends you. That's just as good as I

794
01:04:04,559 --> 01:04:12,480
can do tonight, Council Member Henry.
So, it seems like I've heard several

795
01:04:10,000 --> 01:04:17,920
times that you're not going to hand them
their suitcase and say, "Here, take a

796
01:04:14,480 --> 01:04:22,640
walk." Is that not correct? It's correct
that we are not going to do that. Uh the

797
01:04:20,880 --> 01:04:26,319
city attorney is correct that the state
does regulate how we have to go about

798
01:04:24,319 --> 01:04:30,400
discharging as well. As it's been
mentioned, we will be accredited through

799
01:04:28,480 --> 01:04:33,039
uh joint commission who also has even
higher standards.

800
01:04:32,000 --> 01:04:36,334
» May I ask a question?
>> Yes, sir.

801
01:04:33,599 --> 01:04:38,640
» And it just relates to the trees. Um
[snorts]

802
01:04:37,599 --> 01:04:42,319
because we kind of went through this
with our site plan. I just want to make

803
01:04:40,160 --> 01:04:47,520
sure that uh we're in completely in
compliance. Um does a site plan have to

804
01:04:46,160 --> 01:04:51,000
change in order for us to be able to
plant the trees?

805
01:04:51,440 --> 01:04:58,720
» That would be a modification. I'm sorry.
>> Pardon me. [snorts]

806
01:04:57,119 --> 01:05:06,440
» I don't know. Maybe Julie's answer is
better. Uh I think I think you can add

807
01:05:01,920 --> 01:05:06,440
trees. I think you can't subtract any.

808
01:05:07,920 --> 01:05:12,640
That would be a modification to the
approved site plan which is in place

809
01:05:11,119 --> 01:05:16,400
currently and they're complying with. So
they would have to go to the site plan

810
01:05:14,000 --> 01:05:21,280
review committee for the placement of
those trees to be approved. Um you also

811
01:05:19,039 --> 01:05:26,079
didn't really give a number of trees
just some trees. So I suppose you can

812
01:05:24,640 --> 01:05:29,720
leave it up to site plan to decide how
many trees but

813
01:05:32,319 --> 01:05:37,760
» we'll get back to you. But I think
generally if you're putting in more than

814
01:05:36,079 --> 01:05:42,480
the site plan required, I think you'll
be fine.

815
01:05:39,359 --> 01:05:45,119
» We're very happy to to plant trees, I
think that would be a nice addition. I

816
01:05:43,839 --> 01:05:51,280
do have some questions about how that
might work with a fence. Um if we

817
01:05:49,039 --> 01:05:54,000
we if you want us to do both a fence and
trees or how that would work and if

818
01:05:52,720 --> 01:05:55,920
there's enough room back there to do
that.

819
01:05:54,640 --> 01:06:01,280
» Well, it hasn't been mentioned, but
let's discuss the issue of the fence and

820
01:05:58,960 --> 01:06:04,400
um
planning and zoning. I I learned

821
01:06:03,119 --> 01:06:08,960
something from them at the planning
commission meeting. So hopefully I'll

822
01:06:05,760 --> 01:06:13,839
get this right. So um for this
particular zone, a six-foot fence is the

823
01:06:11,119 --> 01:06:20,160
is the limit because you know tall
windbreaking fences are not normally

824
01:06:15,760 --> 01:06:26,799
desired. Uh to create a higher fence um
would require a seeking a variance. Um,

825
01:06:25,039 --> 01:06:31,119
so,
uh, I I don't think you can place a

826
01:06:29,520 --> 01:06:38,480
condition on the property that would
violate your own rules. Um,

827
01:06:35,039 --> 01:06:43,039
I I think the best you could do is it
related to a fence, if you wanted to

828
01:06:40,400 --> 01:06:49,200
make that condition, is that it was
conditioned upon uh the owner seeking a

829
01:06:45,520 --> 01:06:55,599
variance to build a taller fence.
um and and agreeing to do so if that

830
01:06:52,640 --> 01:07:01,039
variance is granted. H however
uh th that's going to be decided by

831
01:06:59,119 --> 01:07:05,280
the board of zoning appeals will not be
decided by you whether or not the fence

832
01:07:02,880 --> 01:07:11,000
can be taller. So the most you could do
is as a condition I think is you could

833
01:07:07,440 --> 01:07:11,000
have them ask

834
01:07:12,559 --> 01:07:19,839
May I mentioned something uh and I I
think mayor you you brought this up. a

835
01:07:17,200 --> 01:07:25,440
slope that goes down from where we are
curbside. Uh I don't know. We as Nick

836
01:07:23,839 --> 01:07:32,559
and I walked that we had this discussion
a couple of days ago. Uh if we can put a

837
01:07:28,240 --> 01:07:37,760
six-foot fence up near that curb, then I
think it will take care of that issue.

838
01:07:35,599 --> 01:07:42,359
We were curious how far back from the
curb we would need to place a fence.

839
01:07:43,760 --> 01:07:48,640
» The further you go back, the lower it's
going to be.

840
01:07:46,799 --> 01:07:52,160
I didn't know if there were any uh
restrictions on how close a fence can be

841
01:07:51,359 --> 01:07:56,559
to
>> to my knowledge. We don't restrict uh

842
01:07:54,400 --> 01:08:00,000
how close to a curb a fence ends up
being. I don't think that's something

843
01:07:57,520 --> 01:08:03,920
that you have to have to worry about.
>> Okay.

844
01:08:01,520 --> 01:08:08,000
Then we would be more than happy to put
the sixoot fence right along the curb

845
01:08:05,839 --> 01:08:15,400
side, which I think would probably
address the issues with height. But

846
01:08:11,520 --> 01:08:15,400
» but it is right against

847
01:08:20,080 --> 01:08:26,799
But JT, that's not allowed to be part of
the motions, correct? That you're saying

848
01:08:24,239 --> 01:08:32,480
fence or anything like that?
>> No. And I I I think a lawful a condition

849
01:08:30,239 --> 01:08:37,440
for a lawful fence. So, so the the
motion could include a condition that

850
01:08:34,960 --> 01:08:42,159
they seek a a variance to build an 8ft
fence and if and if a variance is not

851
01:08:40,319 --> 01:08:47,679
granted that they build the six-foot
fence up against the curb, I think we're

852
01:08:44,719 --> 01:08:53,759
all in agreement that that that would be
okay, Julie. There's no restriction on

853
01:08:51,359 --> 01:09:00,400
where you put the fence. If it were up
by the curb, it would be higher

854
01:08:55,440 --> 01:09:05,759
visually. Um, honestly, I don't purport
to know uh whether the property owners

855
01:09:02,960 --> 01:09:10,560
would prefer that uh because it's not
their property. So, so

856
01:09:08,719 --> 01:09:14,239
you you end up with kind of a fenced
corridor.

857
01:09:12,319 --> 01:09:20,159
I'm not exactly sure. I'm just sharing
my opinion now. I'm not exactly sure

858
01:09:16,480 --> 01:09:25,279
that a fenced corridor is a good idea.
you. I'm kind I'm kind of slow, sir, but

859
01:09:23,839 --> 01:09:29,600
I'm pretty sure that you could attach
that to the top of the curb and then

860
01:09:26,719 --> 01:09:32,880
you'd be another eight inches higher. I
got to be honest with y'all. I'm per I'm

861
01:09:31,359 --> 01:09:36,759
perplexed.
I'm absolutely perplexed.

862
01:09:38,000 --> 01:09:42,359
Andover's inviting community.

863
01:09:42,480 --> 01:09:49,359
I don't see the difference between
somebody that has an addiction, a

864
01:09:47,199 --> 01:09:56,320
disease is any different than somebody
with cancer or or anything else. I don't

865
01:09:54,159 --> 01:10:01,520
I don't see the difference and I don't
see the negative impact on our

866
01:09:58,000 --> 01:10:04,960
community. If anything, it's positive.
And that's just the way I feel and I

867
01:10:02,880 --> 01:10:10,719
always say what I mean. And we're
elected to take care of 16,000 people.

868
01:10:09,120 --> 01:10:19,360
We we've had to we've been down this
road before. It's not our job to acquies

869
01:10:15,840 --> 01:10:23,280
to a 20 people, 60 people or 100 people
or 600 people. We went through the same

870
01:10:21,920 --> 01:10:29,199
thing with the apartments in Green
Valley. Our job is to

871
01:10:26,719 --> 01:10:36,000
as a as a quasi
jury to do what's best for the city of

872
01:10:32,159 --> 01:10:41,440
Andover. And I'm I'm just perplexed. You
know, I went around this town after the

873
01:10:37,760 --> 01:10:46,159
tornado. People's houses were missing.
And to a house, every one of them said

874
01:10:44,159 --> 01:10:51,600
nobody died.
You know, that's the kind of community

875
01:10:47,920 --> 01:10:57,840
Andover is. And here we are
to block ability to help people live a

876
01:10:54,560 --> 01:11:02,400
better life. And how how so I I could
not afford to go to this deal. It's a

877
01:10:59,679 --> 01:11:04,800
patient pay, right? Right.
>> Either either private pay or private

878
01:11:03,920 --> 01:11:06,320
insurance. I'm sorry.
>> Or insurance.

879
01:11:05,600 --> 01:11:09,679
» Or insurance.
>> Or insurance.

880
01:11:07,600 --> 01:11:15,520
» So So So I could not afford to go to
this thing. So So I'm just saying what

881
01:11:12,320 --> 01:11:18,960
are we doing? You know, this is my this
this is what I was elected for. And I

882
01:11:17,600 --> 01:11:24,800
don't mind taking hits. I don't really
don't care. But I It's disappointing

883
01:11:21,679 --> 01:11:29,920
that we would not accept a facility to
make people's lives better. It's just

884
01:11:27,760 --> 01:11:35,440
and there ain't a person in this room
that hadn't had an alcoholic in the

885
01:11:31,600 --> 01:11:39,280
family. I had one. You know what I mean?
Yeah. I I've seen them, hun. Thank you.

886
01:11:37,280 --> 01:11:47,600
Thank you for sharing it with me.
>> So So So that's So I This not time.

887
01:11:45,520 --> 01:11:51,760
So that's where I stand. So council,
let's do this again. Do I have a motion?

888
01:11:50,000 --> 01:11:56,159
» Okay, to be clear, you do have a motion
as I understand it. So procedurally, we

889
01:11:53,840 --> 01:11:57,360
have a motion. It either needs to be
withdrawn,

890
01:11:56,960 --> 01:12:04,199
» right,
>> or it needs to be seconded or it needs

891
01:12:00,080 --> 01:12:04,199
to die for lack of a second

892
01:12:04,320 --> 01:12:09,760
» if if we want to keep things in in
reasonable order.

893
01:12:07,920 --> 01:12:13,920
» So So if we're going to do 80, it needs
to be withdrawn.

894
01:12:12,640 --> 01:12:18,080
» Say that again.
>> If we're going to say you said 60 beds,

895
01:12:16,480 --> 01:12:20,719
if we're going to do 80, then you need
to withdraw it.

896
01:12:19,280 --> 01:12:24,960
» I I already amended
>> and a handful of things that he said no

897
01:12:22,400 --> 01:12:28,239
to. We So we have to withdraw the motion
and redo it.

898
01:12:26,400 --> 01:12:33,040
» Withdraw or can I just amend it?
>> Yeah, you can amend it. It hasn't been

899
01:12:30,560 --> 01:12:38,960
seconded yet.
>> Thank you, JT. Thank you, Mayor. If I

900
01:12:35,199 --> 01:12:43,040
may, I would like to amend my motion
due to legalities

901
01:12:41,040 --> 01:12:50,159
to
include the the

902
01:12:46,880 --> 01:12:53,840
include the conditions of Do I need to
read them again or can I just say three

903
01:12:51,520 --> 01:12:58,000
and four of my
>> You want to include the limitation to 80

904
01:12:56,159 --> 01:13:01,760
residents in the planting evergreen
trees conditions three and four. Is that

905
01:13:00,400 --> 01:13:06,000
what you're saying you want to keep in
your motion?

906
01:13:02,560 --> 01:13:09,840
» Correct. Yeah. So just for clarity, your
motion is to adopt the finding and

907
01:13:08,000 --> 01:13:14,480
factors of the planning commission and
and and

908
01:13:11,520 --> 01:13:19,520
approve the special use but subject to
the additional conditions of limitation

909
01:13:17,120 --> 01:13:25,880
to 80 residents in the planting uh
evergreen trees along the buffer zone.

910
01:13:22,880 --> 01:13:25,880
» Yes.

911
01:13:26,640 --> 01:13:32,199
» All right. So I have a motion. Can I get
a second?

912
01:13:33,440 --> 01:13:40,360
I'll second.
>> We have a second. Any further questions

913
01:13:37,040 --> 01:13:40,360
or discussion?

914
01:13:41,120 --> 01:13:44,719
» All in favor say yes.
>> Yes.

915
01:13:43,520 --> 01:13:46,560
» Yes.
>> All opposed.

916
01:13:46,159 --> 01:13:50,640
» No.
>> No.

917
01:13:48,320 --> 01:13:55,600
» Motion carries.
>> Let me check

918
01:13:53,600 --> 01:13:59,840
because I was following yeses and nos
and I'm sorry. I know I've called a lot

919
01:13:57,280 --> 01:14:07,360
of attention to people. I heard a no
from Colin and Tim. Is that correct? And

920
01:14:04,320 --> 01:14:09,440
I heard yeses from Mara, Jodie, and
Homer. Is that correct?

921
01:14:08,960 --> 01:14:11,600
» Yes.
>> And so we need to know how the mayor

922
01:14:11,040 --> 01:14:16,719
votes.
>> The mayor votes yes.

923
01:14:13,120 --> 01:14:23,840
» Then the special use is approved with
the two overriding conditions.

924
01:14:20,159 --> 01:14:27,360
» All right. One last report here. Persons
agree by the final decision of the

925
01:14:25,520 --> 01:14:31,920
council on this matter have 30 days
after today's action within which to

926
01:14:30,080 --> 01:14:33,120
appeal to the district court.
>> Mr. Mayor.

927
01:14:32,560 --> 01:14:35,760
» Yes, ma'am.
>> Can I make a comment, please?

928
01:14:34,400 --> 01:14:42,320
» Yes, ma'am.
>> I want to be very clear. These last six

929
01:14:38,400 --> 01:14:48,560
weeks have not been easy. I will only
speak for myself when I tell you all I

930
01:14:44,800 --> 01:14:53,040
have read every single email that came
in. I have watched not only the council

931
01:14:51,520 --> 01:14:59,360
meeting back, but I've also watched
planning and zoning multiple times. I

932
01:14:57,199 --> 01:15:04,320
have listened to every single person
that had wanted to talk to me. Even

933
01:15:02,239 --> 01:15:12,719
coming into my office and using that as
the place to talk to me. I have wrestled

934
01:15:07,920 --> 01:15:18,719
with this. This decision has kept me up.
It has weighed on me. I have prayed for

935
01:15:16,000 --> 01:15:23,679
guidance and wisdom over this.
Ultimately, I've been consumed by this

936
01:15:20,480 --> 01:15:27,440
more than any other decision that I have
made in my time as a city council

937
01:15:25,440 --> 01:15:33,280
member.
As I sit here, I'm reminded

938
01:15:30,400 --> 01:15:39,199
that I was elected to make decisions and
those decisions are based on facts and I

939
01:15:36,400 --> 01:15:43,920
have to look at so many different
perspectives. I can't just look at one.

940
01:15:41,920 --> 01:15:51,679
I have to look through this the lens of
so many other factors.

941
01:15:47,679 --> 01:15:56,000
This has not been an easy six weeks.
And I can assure you for me, this

942
01:15:54,159 --> 01:16:01,520
decision was one of the hardest and
probably I'll ever have to make during

943
01:15:58,640 --> 01:16:08,677
my city council time because I'm not
running again. [laughter]

944
01:16:04,400 --> 01:16:12,080
I'm done. Y'all did me in. Done.
[snorts]

945
01:16:10,000 --> 01:16:16,520
All right,
we're ready for member items, right?

946
01:16:17,520 --> 01:16:26,360
Go ahead, Homer. Start with you.
>> Oh, uh,

947
01:16:22,560 --> 01:16:26,360
thank you. Um,

948
01:16:29,280 --> 01:16:40,080
I, you know, I commend Jody, um, you
know, for saying that. I appreciate

949
01:16:36,239 --> 01:16:47,040
that. I think I'd be remissed if I said
we didn't all have those same emotions

950
01:16:42,880 --> 01:16:54,080
when it came to um, this special use. So
those six weeks, the proceedings before

951
01:16:50,640 --> 01:17:00,800
have been hard for me as well. Um, but
again, you know, we serve this city. So

952
01:16:57,920 --> 01:17:07,199
I appreciate all of us up here. I
appreciate the input from the citizens

953
01:17:03,840 --> 01:17:12,560
for and against. Um,
thank you.

954
01:17:10,239 --> 01:17:16,239
Um to the residents and the stakeholders
at business owners and so forth, I

955
01:17:14,400 --> 01:17:22,560
appreciate every one of you regardless
if you're for or against uh this

956
01:17:18,080 --> 01:17:27,760
particular topic. Uh like um uh Jody
stated, we read I read and most of I

957
01:17:26,239 --> 01:17:33,920
guarantee you read every one of your
emails, watched every minute of uh the

958
01:17:31,120 --> 01:17:39,280
the sessions and nothing was taken
flippantly.

959
01:17:36,159 --> 01:17:43,679
As stakeholders, I do believe that you
all have a voice. I do believe you have

960
01:17:41,440 --> 01:17:50,880
all have a voice on every topic that
your city council decides on because you

961
01:17:46,880 --> 01:17:58,320
elected us to speak for you to the city
and make decisions based that way. I am

962
01:17:54,320 --> 01:18:02,480
sorry that the city failed in a part
that we're going to talk about here in a

963
01:17:59,600 --> 01:18:09,040
second um in my opinion and we'll I'll
see if I can do something about that. I

964
01:18:05,920 --> 01:18:15,440
encourage you all as citizens,
business owners, and so forth to

965
01:18:12,080 --> 01:18:21,440
continue to get involved with the city
and pay attention to the agendas for

966
01:18:19,520 --> 01:18:26,000
everything from zoning to council
meetings. Reach out to your council

967
01:18:23,440 --> 01:18:33,120
members and ask questions. You have our
emails. We know that. Please use them.

968
01:18:29,120 --> 01:18:39,600
We will respond or should respond. Um,
we are here for you. And I mean this.

969
01:18:37,440 --> 01:18:45,679
Please, regardless of what side of the
fence you all reside on, be courteous to

970
01:18:43,040 --> 01:18:51,520
one another. The last thing we need is
more conflict in the world, more

971
01:18:48,640 --> 01:18:58,640
division, or anything else. I ask the
residents that live near the property to

972
01:18:54,320 --> 01:19:04,640
please communicate with the property any
concerns you may have, but do so

973
01:19:00,800 --> 01:19:08,880
respectfully, please, and allow them to
respond accordingly

974
01:19:07,040 --> 01:19:14,400
to the city. And this is for
administration to take consideration. We

975
01:19:11,280 --> 01:19:18,560
did the bare minimum.
Andover itself has [snorts] never done

976
01:19:16,480 --> 01:19:22,640
the bare minimum. We have always been
the best. It doesn't matter if it's our

977
01:19:20,400 --> 01:19:26,800
street department, our water and sewer,
our parks department, our police, our

978
01:19:24,480 --> 01:19:32,320
fire, and so forth. We've always done
better than the bare minimum. State

979
01:19:30,400 --> 01:19:36,880
requires notifications at a minimum of
200 foot radius for the facility. I

980
01:19:35,120 --> 01:19:44,000
personally would ask that you consider
or look into at least change that. I

981
01:19:42,000 --> 01:19:48,800
think 500T would be a great place to
start if you want to consider 750 or

982
01:19:45,840 --> 01:19:52,000
1,000 ft for any zoning concerns. I
think that that would be appropriate.

983
01:19:50,159 --> 01:19:55,760
When I looked at the map the first time
when I was told that the the radius was

984
01:19:53,840 --> 01:20:01,199
200 feet, I was shocked to see how small
that is and

985
01:19:58,640 --> 01:20:06,560
I took action. I wanted people to be
aware.

986
01:20:03,760 --> 01:20:13,040
Lastly, [clears throat]
Mayor Price, um, as I started my career

987
01:20:09,679 --> 01:20:18,080
in public service in the early 90s,
my first real adult career boss told me

988
01:20:15,679 --> 01:20:22,880
in my training class, God gave me two
ears and one mouth. Do twice as much

989
01:20:20,400 --> 01:20:26,560
listening and half as much talking. That
changed things for me from that point

990
01:20:24,159 --> 01:20:30,480
on. I sought out to listen to others. I
listened to their opinions, their ideas,

991
01:20:27,920 --> 01:20:37,080
and perspectives. And I learned by doing
that, it made me a better person. I did

992
01:20:33,280 --> 01:20:37,080
not have all the answers.

993
01:20:37,440 --> 01:20:44,880
It also helped me from making rash
decisions and doing or saying things I

994
01:20:42,080 --> 01:20:49,840
could never take back. Again, like I
mentioned to um the the clinic, you

995
01:20:48,480 --> 01:20:54,159
never get a second chance to make a
first impression. I made a promise to

996
01:20:52,560 --> 01:20:58,080
the residents and businesses of Andover
that I would listen to them. I would

997
01:20:56,239 --> 01:21:04,000
solicit their opinions, not make
decisions based strictly on one person,

998
01:21:00,640 --> 01:21:11,280
one entity, or anything that anybody
just told me. I am not a city. I am not

999
01:21:08,640 --> 01:21:16,000
an institution. I am merely a voice for
the people and not the government. Mr.

1000
01:21:14,159 --> 01:21:22,159
Mayor, at the last council meeting that
I watched, uh you you failed to listen

1001
01:21:19,920 --> 01:21:27,199
and you failed to respect the public.
Regardless of your views, people want to

1002
01:21:24,400 --> 01:21:31,120
be heard.
At that last meeting, you admonished the

1003
01:21:29,280 --> 01:21:35,679
residents of bicesentennial edition
because your personal experience or bias

1004
01:21:32,880 --> 01:21:41,040
that you had. You called them out not
once but twice.

1005
01:21:38,880 --> 01:21:46,800
This would have been handled much better
had you just allowed them to talk and

1006
01:21:44,080 --> 01:21:50,640
turn over to city administration their
complaints and address it one-on-one

1007
01:21:49,199 --> 01:21:58,400
with them.
You said you can't lie like that yet.

1008
01:21:54,320 --> 01:22:03,440
You do that two more times during the uh
actual uh council meeting. The second

1009
01:22:01,520 --> 01:22:08,400
time is
uh when you decided to admonish the

1010
01:22:06,000 --> 01:22:11,360
public for coming and talking. You also
stated that

1011
01:22:09,520 --> 01:22:14,320
» I did not. You had stopped. You're not
going to lie. I did not admonish the

1012
01:22:13,920 --> 01:22:17,760
public.
>> I have the quote right here. says we

1013
01:22:15,760 --> 01:22:22,400
have never let people come in here sir
and be redundant one after the other

1014
01:22:20,480 --> 01:22:29,199
after the other. I was not admonish
other after the other after the other.

1015
01:22:26,960 --> 01:22:36,480
This was at uh if you would like to know
exactly 9:46 and 56 I was there man.

1016
01:22:33,840 --> 01:22:39,679
» I was there you're you're also stated to
you're lying

1017
01:22:37,040 --> 01:22:44,639
» as I'm reading directly from
>> what I said. You're you're you're you're

1018
01:22:41,600 --> 01:22:47,360
taking what I said and and mis
misleading the public. That is what I

1019
01:22:46,960 --> 01:22:49,840
said.
>> Okay.

1020
01:22:47,760 --> 01:22:57,199
» And it is a true statement that during
this during the peed, we never ever ever

1021
01:22:54,880 --> 01:23:01,280
let the public go redundant. Redundant
redundant. And I did it because I

1022
01:22:59,040 --> 01:23:07,040
thought and I said it because I thought
they deserve to have an ear. So while

1023
01:23:04,400 --> 01:23:10,960
you're off doing your thing, that's what
I said. That's true. But that's not what

1024
01:23:09,360 --> 01:23:16,719
I that was not the intent of the
message. It was the true fact that the

1025
01:23:13,120 --> 01:23:20,560
PUB we do not ever do it. And we you've
been through a couple of them. I've been

1026
01:23:18,080 --> 01:23:23,760
through 50 of them. We do not let unless
they have new information. Mr.

1027
01:23:22,159 --> 01:23:27,760
Gallagher,
we do not let them all come. I let them

1028
01:23:25,920 --> 01:23:30,239
come because I thought they deserve to
have a say.

1029
01:23:28,400 --> 01:23:33,760
» And if any unless you say it any other
way, stop saying it. If any one of these

1030
01:23:32,480 --> 01:23:37,280
people have watched any of the council
meetings where we have allowed people to

1031
01:23:35,360 --> 01:23:42,239
talk over and over and over.
>> We have not, man. You're you're lying.

1032
01:23:41,040 --> 01:23:45,600
You're absolutely full of this.
>> The fourth issue, of course, is when you

1033
01:23:44,000 --> 01:23:48,080
decided to admonish me, sir.
>> Yes, sir.

1034
01:23:46,239 --> 01:23:53,040
» When you decided to say, "I broke the
oath that I held my hand up for saying I

1035
01:23:50,400 --> 01:23:55,920
would protect all 16,000 citizens."
>> Yes, you did.

1036
01:23:54,000 --> 01:24:02,719
» You stated, "I broke my oath numerous
times." and you sat there and referred

1037
01:23:59,440 --> 01:24:05,679
the process that I denied the people the
the abil ability to appeal in district

1038
01:24:05,199 --> 01:24:09,679
court.
>> You broke your oath.

1039
01:24:07,600 --> 01:24:14,320
» As such,
I believe that you, sir, are out of

1040
01:24:11,840 --> 01:24:17,840
line. You stated numerous times, he is
not courageous. He is not courageous. He

1041
01:24:16,480 --> 01:24:22,480
is not courageous. Please don't. Hold
on. Please don't. Hold on. Please.

1042
01:24:20,480 --> 01:24:26,400
» And I let him do that, which is not
acceptable by the way.

1043
01:24:24,080 --> 01:24:29,920
» I stopped him as well. I you stated that
I was not courageous and you were

1044
01:24:27,760 --> 01:24:34,880
correct sir. I was not courageous at
all. What I was doing was my civic duty.

1045
01:24:32,560 --> 01:24:37,840
No, it was what I was elected for.
>> No,

1046
01:24:35,520 --> 01:24:42,000
» you can sit here as much as you want and
tell people over and over again your

1047
01:24:40,239 --> 01:24:47,040
personal views. When we had the
gentleman that was uh on another zoning

1048
01:24:44,960 --> 01:24:51,600
uh issue, you told him that you would
put a road through his house in a

1049
01:24:49,040 --> 01:24:56,800
council meeting. What
the hell?

1050
01:24:54,080 --> 01:25:02,400
» Sir, you have got to get yourself under
control and stop making the citizens

1051
01:25:00,000 --> 01:25:07,600
fear coming to the city or the city
council. This is the reason why people

1052
01:25:04,880 --> 01:25:10,960
do not want to bring things to the city
council.

1053
01:25:09,440 --> 01:25:17,440
» If they're going to be yelled at by you
or any of us up here is irresponsible.

1054
01:25:14,639 --> 01:25:23,960
It is not just and is not the American
way. That is all I have to say about

1055
01:25:20,639 --> 01:25:23,960
this topic,

1056
01:25:24,960 --> 01:25:32,719
» man. Anybody else have anything they
like to say?

1057
01:25:30,400 --> 01:25:37,600
» Mr. Mayor, so yes, sir. Go ahead.
>> Are we continuing with member items or

1058
01:25:34,639 --> 01:25:43,040
if you want to go first, that's fine.
>> No, go ahead.

1059
01:25:38,560 --> 01:25:50,000
» Okay. Um, it saddens me uh the outcome.
I respect the will of the council and um

1060
01:25:46,400 --> 01:25:54,800
the voting that took place tonight. Um
ultimately I was not persuaded by the

1061
01:25:52,400 --> 01:26:01,360
facts of the cases. uh I was not
persuaded that um property values would

1062
01:25:57,520 --> 01:26:06,480
not experience a detrimental impact
ultimately because of a study that is

1063
01:26:04,719 --> 01:26:11,040
you can
agree or disagree with the outcomes of

1064
01:26:08,320 --> 01:26:16,560
the 2014 Waller study but it does in
fact conclude that properties within an

1065
01:26:13,840 --> 01:26:20,320
eighth of a mile do experience a
decrease in property value you can you

1066
01:26:18,480 --> 01:26:26,960
can explain it away you can say it's a
different type of patient population etc

1067
01:26:23,520 --> 01:26:33,600
But um for for that reason and as well
the um increased intensity of use, I

1068
01:26:30,159 --> 01:26:39,520
disagreed with the staff finding on the
land use. While the cement blocks or

1069
01:26:36,719 --> 01:26:44,239
bricks on the property do not compact
the soil when it is being used for this

1070
01:26:41,679 --> 01:26:49,199
purpose, I acknowledge the reasonable
understanding that a facility of this

1071
01:26:46,880 --> 01:26:53,280
type does differ from, for instance, its
neighbor that is a a long-term care

1072
01:26:51,280 --> 01:26:59,760
skilled nursing facility. So for that
reason is I know I'm not obligated to

1073
01:26:56,000 --> 01:27:05,920
explain but I feel that the um many many
um residents that spoke up deserve to

1074
01:27:03,360 --> 01:27:12,000
understand some of the background of how
decisions were made.

1075
01:27:08,719 --> 01:27:18,080
I would like to commend
the large majority of the comments that

1076
01:27:15,040 --> 01:27:24,080
were made at the podium by the
applicant, by residents, um with the

1077
01:27:22,080 --> 01:27:31,760
exception of the last few minutes here.
Uh the council, as we've civily debated

1078
01:27:28,080 --> 01:27:35,679
this topic, it is wrought with emotion.
It's wrought with

1079
01:27:33,840 --> 01:27:41,199
fears. It's wrought with facts. It's
wrought with what could be.

1080
01:27:38,800 --> 01:27:47,760
And I would like to encourage us and
admonish us to not adm encourage us to

1081
01:27:44,719 --> 01:27:55,000
remain civil in our discourse
as we carry out the important duty of

1082
01:27:50,880 --> 01:27:55,000
local government. That's all.

1083
01:27:56,560 --> 01:28:02,880
» Um I just want to take a moment and
explain my personal reasons for sending

1084
01:28:00,320 --> 01:28:05,520
it back to planning and zoning. Um, I
had been a planning and zoning

1085
01:28:04,000 --> 01:28:10,719
administrator for seven year
administrator, sorry, commissioner for

1086
01:28:08,000 --> 01:28:16,159
seven years. Um, and we had received so
many emails and concerns and yet nobody

1087
01:28:13,679 --> 01:28:19,199
participated in planning and zoning. Um,
I watched all the meetings. I was a

1088
01:28:17,840 --> 01:28:23,199
planning and zoning commissioner the
first time this came through. So, it was

1089
01:28:21,679 --> 01:28:27,440
really important to me because planning
and zoning is the place to talk about

1090
01:28:25,120 --> 01:28:32,239
land use and to talk about the concerns.
And since nobody showed up to that, that

1091
01:28:29,600 --> 01:28:35,520
was my reason for sending it back. Um, I
really want to thank planning and zoning

1092
01:28:33,760 --> 01:28:40,159
and the staff for walking through that
process again and affirming their

1093
01:28:38,400 --> 01:28:45,600
original decision. I really do
appreciate a commitment to the fair fair

1094
01:28:43,520 --> 01:28:50,239
and thorough and evidence-based process
that we go through. So, just wanted to

1095
01:28:47,840 --> 01:28:54,880
make that comment.
>> Joe, do you have anything?

1096
01:28:52,400 --> 01:28:59,520
So, first I'd like to say one thing. The
city staff did everything they were

1097
01:28:56,880 --> 01:29:05,600
supposed to do. They did it absolutely
correctly. One council member decided to

1098
01:29:03,120 --> 01:29:11,280
skip past
all procedures.

1099
01:29:08,480 --> 01:29:18,800
All procedures. He did not let the city
procedures play out. That's a fact. He

1100
01:29:15,280 --> 01:29:22,880
did not let procedures play out.
And I'll say this, and I I don't have to

1101
01:29:20,880 --> 01:29:28,480
defend myself, nor will I, because
everybody that's listening knows that

1102
01:29:24,320 --> 01:29:32,480
that was a buffoonery at its finest.
But I will tell you, the city staff did

1103
01:29:30,719 --> 01:29:37,280
exactly what they were supposed to do.
The process worked exactly the way it

1104
01:29:34,480 --> 01:29:43,440
was supposed to work. But one council
member decided that he didn't need to

1105
01:29:40,080 --> 01:29:51,040
follow the process. That's fact. That is
a fact. So, you can think what you want

1106
01:29:46,960 --> 01:29:57,199
and uh say what you want, but uh I will
I will take my my six years of public

1107
01:29:53,760 --> 01:30:02,159
service and put it up against anyone's.
Uh, I'm the most transparent mayor the

1108
01:29:59,360 --> 01:30:07,280
city's ever had. I go to the hardware
store, I get stopped. I go to Dylan's, I

1109
01:30:05,600 --> 01:30:10,639
get stopped.
And I that's the way I planned it. I've

1110
01:30:09,120 --> 01:30:16,719
been writing letters and putting them in
utility bill for four years every month

1111
01:30:13,840 --> 01:30:22,800
engaging with the public following the
process of our our city.

1112
01:30:20,880 --> 01:30:27,600
So, I don't I don't care what anybody
thinks of me. It doesn't matter. All I

1113
01:30:25,760 --> 01:30:33,360
know is when I lay my head on my pillow
at night, I sleep very well and I do

1114
01:30:30,480 --> 01:30:41,199
what the process of the city is. And
when I make a mistake, I own it. One

1115
01:30:36,800 --> 01:30:47,520
council member put the city at risk.
Put the city at risk. Put put a business

1116
01:30:44,639 --> 01:30:53,360
owner at risk.
Put a business owner at risk. That's a

1117
01:30:50,159 --> 01:31:00,960
fact. not only the business owner, all
their employees at risk. So if you want

1118
01:30:57,679 --> 01:31:07,480
to I'm I'm very I live by this code,
man. Every morning I pray the Lord's

1119
01:31:03,760 --> 01:31:07,480
prayer. I say, "Lord,

1120
01:31:09,760 --> 01:31:17,280
forgive me of my sins as I forgive
others." I live by that code.

1121
01:31:15,440 --> 01:31:24,320
And I'll stick to my guns and I'll stick
to what I said the other night. And

1122
01:31:20,560 --> 01:31:31,520
tonight, the facts don't lie. We did. We
We avoided the process that we hold our

1123
01:31:27,360 --> 01:31:35,679
hand up and promise to follow
the period.

1124
01:31:33,280 --> 01:31:38,239
Can I get a motion to get out of here?
>> Mr. Mayor, I move to adjourn.

1125
01:31:37,199 --> 01:31:42,920
» I second.
>> All in favor?

1126
01:31:39,920 --> 01:31:42,920
» Yes.