[4:57] here. [4:58] » Emily Hamburg [4:59] » Here. [5:00] » Brandon Macintosh [5:02] » Present. [5:03] » And Mike Proctctor [5:05] » Present. [5:06] » And you have a quorum. Mayor. [5:08] » Thank you. This evening we have Father [5:10] Terry Hedrickk from Church of the [5:12] Resurrection on 37th Street to lead us [5:14] in prayer. Father is pinch hitting. I [5:17] had to beg him to come help us. So he he [5:20] agreed to come help us out today. So [5:22] thank you. [5:23] » Yes. Well, let's pray together [5:26] again. Our God, we gather in the name of [5:28] your son Jesus, giving you thanks that [5:31] you're present here now by your Holy [5:33] Spirit. And as we gather, Lord, we give [5:35] thanks that you are a good and gracious [5:37] God, abounding in mercy and steadfast [5:39] love. [5:40] And so Lord, we pray specifically [5:42] tonight for the city of Bair again for [5:45] the city council, especially for Jim [5:47] Bage, the mayor, also the leaders of the [5:50] community, but especially for our law [5:52] enforcement, firefighters, EMS, and all [5:56] of our first responders. So tonight, [5:59] lead and guide their decisions. We pray [6:03] that you will reveal to them the [6:05] knowledge of your will and all wisdom [6:06] and spiritual understanding in order [6:08] that they may be fruitful in your [6:09] service. Anoint them with your Holy [6:12] Spirit, a spirit of wisdom, charity, and [6:14] justice that with steadfast purpose for [6:17] the common good, they may faithfully [6:19] serve in their offices to promote the [6:22] well-being of all people in the Belair [6:25] community. [6:27] Grant that they may love mercy, do [6:29] justice, and walk humbly with you. [6:32] We ask all of this in the strong and [6:34] wonderful name of our savior Jesus who [6:36] lives and reigns with you and the Holy [6:38] Spirit, one God, both now and forever. [6:40] Amen. [6:42] » Amen. Thank you. Please join me in the [6:44] pledge of allegiance to the American [6:46] flag [6:51] to the flag of the United States of [6:53] America and to the republic for which it [6:56] stands. One nation under God, [6:59] indivisible, with liberty and justice [7:02] for all. [7:07] » Next item is to determine agenda [7:09] additions. Do we have anything to add to [7:11] the agenda? [7:13] » Mr. Mayor, [7:14] » Mr. Macintosh, [7:15] » I I do have an agenda addition. I'd like [7:18] to add a discussion about Woodlon [7:21] detour. [7:22] » Woodlon detour. Okay. Um, let's put that [7:26] as item [7:28] 13D. [7:30] Okay. [7:31] » Thank you. [7:38] » Sure. All right. We will we will [7:40] consider that. All right. Very good. Any [7:43] other additions to the agenda? [7:47] There are none. We'll move on to uh the [7:49] consent agenda. So, it's a nice consent [7:51] agenda. includes minutes from the [7:53] previous regular city council meeting [7:55] and change order number five for the [7:57] 2026 street maintenance program. [8:01] » Mr. Mayor, [8:02] » Mr. David, [8:03] » A motion to approve the consent agenda [8:05] as listed and authorize the mayor to [8:07] sign. [8:08] » Second. [8:09] » Motion by Mr. David, a second by Mr. [8:11] Dean. Any questions or discussion? [8:15] Hearing none, I'll call for a vote. All [8:16] in favor say I. I. [8:18] » I. [8:19] » Any opposed? Motion carries five to [8:21] zero. [8:23] Next item is uh appropriation ordinance. [8:26] So this encompasses expenses from the [8:28] July 29th through August 11th uh [8:31] expenses amount to 673,22. [8:37] Uh and of those expenses $245,816 [8:41] are for infrastructure cost for new [8:44] developments and those costs are paid [8:46] through special assessments. [8:49] » Mr. Mayor [8:50] » Miss Hamburg. [8:51] » I'm going to make a motion to approve [8:52] appropriations ordinance number 26-15. [8:56] » Second motion by Miss Hamburg, a second [8:58] by Mr. Macintosh. All in favor say I. [9:02] » I. [9:02] » I. [9:03] » I. [9:03] » Any oppose? Motion carries. Five to [9:06] zero. Sorry, I didn't give anybody a [9:08] chance to ask any questions, so should [9:10] have. All right. Next item is uh [9:13] citizens concerns. Oh, no. I'm sorry. We [9:16] have city requested appearances. So, uh, [9:19] PEC traffic engineer Tim [9:21] » Azir, am I saying your name right? Azir [9:24] » Aer. [9:26] Okay, thank you. Uh, he's here tonight [9:28] to discuss his analysis of the [9:30] intersection at 53rd and Oliver and 53rd [9:33] and Web. So, Mr. [9:40] Thank you, Mayor and Council. Uh, staff [9:43] asked us to take a look at those two [9:45] intersections specifically. We conducted [9:48] a traffic count and ran stop sign [9:50] warrants to see whether a stop sign was [9:54] warded in in all four directions. Um, [9:57] and I think the memo that we provided is [9:59] should be part of your packet if I'm not [10:01] mistaken. [10:03] From memory, we met the crash warrant [10:06] for both intersections and we were very [10:08] close to meeting the eight hour warrant. [10:11] Basically being over a specific count [10:13] for eight hours of the day. You Each [10:17] intersection met seven clearly and my [10:21] recollection is the last hour was close [10:23] and one of them was close enough that if [10:25] we would have counted it a different day [10:28] during that week, it may have actually [10:29] met. So, we're recommending that both [10:31] those intersections be converted to a [10:33] four-way stop. One of those has already [10:35] been done. We wanted to get that done [10:37] before school started session and get [10:40] all of that in place so that it was not [10:43] something we were trying to do in the [10:44] first few weeks of school. uh that's [10:46] been accomplished and that's out there. [10:48] I'm sure you've seen it. The next one, [10:50] um our recommendation would be to do it [10:53] as soon as the signage comes down for [10:56] the previous intersection. Um not I [10:59] wouldn't recommend doing both of them at [11:00] the same time, but doing them staggering [11:03] in order so that that new change is [11:08] still familiar in everyone's minds. It's [11:11] not a requirement. It's just a [11:13] recommendation if you for whatever [11:14] reason want to push it off a few months [11:16] or however long. My only concern there [11:19] is we know that it meets because of [11:20] crash. So the longer you wait is the the [11:24] more danger that that will happen again. [11:26] Um with that I'll stand for any [11:28] questions that you may have. [11:31] » Any any have want questions for Mr. [11:34] » Mr. Mayor? [11:35] » Mr. Dean [11:36] » I did have one question. So, the the two [11:38] specific ones you're speaking about [11:39] tonight that the memo relates to is 53rd [11:41] in Oliver and 53rd and Web. [11:43] » Yeah. [11:43] » Um 53rd and Oliver is pretty clear to me [11:47] because it's very similar to the one we [11:48] just converted at Woodlon and 53rd. 53rd [11:51] and Web is a completely different [11:52] situation because of the fact that it's [11:54] a four-way or a four-lane highway or [11:57] four-lane main road with a two-lane [12:01] crossing. It was that a fact. Can you [12:04] explain how that may have played a [12:05] factor in how you analyzed it a little [12:06] bit? [12:07] » That doesn't play as much of a factor in [12:09] in meeting the simple warrants. Uh it it [12:12] it's a more complex situation, I'll [12:14] grant you, but the warrants themselves [12:16] are based on volume. So, [12:19] » It's something that we can discuss more [12:21] and and [12:23] work on how that solution should be [12:26] implemented if that's a concern that [12:27] council has. Uh the other one is pretty [12:30] straightforward and could probably be [12:31] done whenever. Um, but you're right, [12:34] that's it's a different situation [12:36] because it's additional lanes. [12:38] » Yeah. I mean, one of the things that [12:40] comes to mind is a lot of times when you [12:41] see, and I'm not saying we shouldn't do [12:42] it. I'm just saying it's obviously a [12:44] different situation than the last few. [12:47] Um, usually you see a divided portion of [12:49] the road with some sort of a median or [12:51] something so that there's a there's a [12:53] stop sign in the middle as well as on [12:55] the sides so that somebody can't just [12:58] blow through it or there is at least a [13:01] blinking light or something overhead so [13:03] that it catches [13:04] » I think not to cut you off but one of [13:06] the things that we've been doing is [13:07] adding the LED border to all the new [13:09] stop signs. So, I think that's something [13:11] that we would recommend also, [13:12] » Right? [13:12] » And that'll help. And we'll have [13:14] advanced warning signs coming up to the [13:16] intersection in every direction just [13:17] like the one we put in that says that [13:21] there's a stop sign ahead. A stop bar [13:23] also will go all the way across both [13:25] lanes. [13:26] » So, there's other indications, but [13:27] you're right. It's it's an additional [13:29] lane that it's not right there next to [13:30] you. [13:31] » Right. That design just looks and feels [13:33] a lot different to me. So, I just wasn't [13:35] sure if I know you're recommending it. [13:38] it meets the warrants, but how much [13:40] additional leg work are you seeing in a [13:43] design of converting that? [13:45] » There's there's not really room, if I'm [13:48] not mistaken, to put in a median or [13:50] anything. And it's a median is not [13:54] required in that situation. I I think [13:56] the other thing to probably think about [13:58] is [14:00] is there some sort of and we didn't we [14:02] weren't asked to look at this, so we [14:04] haven't looked at it. Is there a need [14:05] for a left turn lane in each direction? [14:07] So that that that inside lane turns into [14:10] a left turn lane, which [14:12] » Right [14:12] » I don't like doing because if you're in [14:14] that lane, your your lane just turns for [14:16] you and you have to know when to get out [14:18] of that lane. But it is a possibility if [14:21] it meets warrants and we have the [14:23] geometry to do so. Another part of that [14:26] equation is what the through volume is [14:28] and whether you really need four lanes [14:30] or not or if you can get by with one [14:32] through lane in each direction north and [14:34] south. [14:37] » My one concern and I know that um it's [14:40] not unheard of to have a stop sign at a [14:42] 55 mph zone a speed limit, but that road [14:45] is a 55 mph speed limit on at 53rd and [14:48] web. The web is 55. And I just wonder if [14:51] maybe we would be wiser to also consider [14:55] reducing that speed limit. I don't know [14:57] what that should be, but [14:58] » I would I would recommend that. Yes. [15:01] » And it's part of a it's not all that [15:04] complex, but a speed study or speed [15:06] consideration for that to take it down [15:08] to 45 in either direction coming up to [15:12] that intersection, I think, is [15:13] definitely something that would be [15:15] advantageous. [15:16] » Okay. [15:20] Okay, [15:20] » Mr. Aser, [15:22] did have you ever experienced with a [15:25] four-lane uh stop sign like this where [15:30] things got worse because a stop sign was [15:33] installed? Has that ever been the case? [15:36] » Not not that we just installed. I think [15:39] there are a few locations where an [15:42] existing stop sign could have been a [15:44] problem. But again, it it often comes [15:47] down to volume and speed, both of which [15:52] speed we can control. Volume we can't [15:54] necessarily, but I don't remember the [15:56] volumes being so high that like we were [15:59] talking even the four laid may not be [16:02] required. I don't know the numbers off [16:03] the top of my head without looking at [16:05] them, but [16:07] generally that's a a much higher volume [16:10] and I without knowing what they are, I [16:14] would be surprised if they were enough [16:16] to warrant that for most of the day. So, [16:19] we could put in less. The the the [16:22] problem with those less in that [16:24] configuration is typically you'd want [16:27] those to line up so you don't have a [16:29] possibility for a conflict of turning [16:31] vehicles opposing each other and it's [16:33] clearer to see if you separate them and [16:37] set send them across the intersection. [16:38] Not only is there the opportunity that [16:40] they could hit each other, but also that [16:42] car now blocks through traffic in the [16:44] other direction, which shouldn't be a [16:46] problem at a four-way stop, but it's [16:48] always something and you can't [16:52] completely eliminate the the conflict or [16:54] the the opportunity for the crash. So, [16:58] all those are considerations that should [17:00] be taken into account if we're going to [17:02] talk about changing the geometry or the [17:03] configuration in any way, but it's all [17:06] something we can look at for you if [17:08] that's something that you think is [17:09] warranted. [17:11] » Thank you, [17:15] » Mr. Parker. [17:16] » Mr. Mayor, uh Mr. Asure. [17:21] » Okay. Uh, do we need to do a [17:25] uh traffic study to or I guess is this a [17:27] traffic study that would you could also [17:29] make that recommendation to drop the [17:31] speed down 45 or do we need to do more [17:33] for that? [17:33] » Uh, we could make a recommendation to [17:36] staff to do that. Um, I need to look at [17:38] it and have conversation with some of my [17:41] guys to make sure that the information [17:44] that I'm conjuring in my head right now [17:46] is accurate. But yes, it's could be [17:49] pretty straightforward. [17:52] Good. Uh, and of course we're not voting [17:56] on it, but but it sounds like we'd like [17:59] some more uh information on 53rd and [18:02] web. [18:02] » Yeah. [18:03] » Um, and I think 53rd and Oliver, we need [18:07] to just go do it, right? Okay. Uh, I [18:10] think that's within your authority to to [18:13] authorize that. Is that correct? [18:15] » Yes. [18:16] I think I'd like a motion, I think, from [18:18] the council just to make sure when the [18:21] time comes. Um, that would probably be [18:23] more clean for me. Uh, just with a few [18:26] traffic four-way stops, it helps uh even [18:29] with PR uh that the council made this [18:32] decision. [18:32] » Okay. Well, we we could do that now if [18:34] if somebody wants to make that motion. [18:36] Mr. Proctor. Wow. [18:40] » Mr. Mr. Mayor, I'd like to make a motion [18:42] that we um [18:45] put a four-way stop at 53rd and Oliver. [18:49] Uh also 53rd and Web and upon the [18:55] recommendation of the engineering firm [18:58] uh [18:59] with their direction recommendation [19:01] reduce the speed down to 45 miles an [19:03] hour. [19:14] I have Mr. A motion from Mr. Proctor for [19:16] a four-way stop at 53rd in Oliver and [19:21] additional four-way stop at 53rd in web [19:24] with uh recommendations from the [19:26] engineering firm to reduce the speed to [19:28] 45 miles per hour. [19:32] Can I repeat that reasonably accurate? [19:36] You left out some stuttering. [19:38] » Okay. I I try not to do that, but I'm [19:40] not immune from it. [19:45] » Do we have a second on that motion? [19:54] » Okay. Well, Mr. Mayor, [19:56] » Go ahead. I I was just going to say [19:58] after we cleared that that I'd like to [20:00] decouple those because I do think until [20:02] we get more information on 53rd and web [20:05] till Tim can come back to us and say, [20:07] "Yep, this is the way we'd like to [20:08] proceed." I don't want to make a [20:10] decision on either the four-way stop at [20:12] 53rd and web or the speed limit until we [20:15] have that additional information. So, [20:17] I'll go ahead and motion [20:19] uh for us to move forward with [20:21] installing a four-way stop at 53rd and [20:23] Oliver. [20:24] » I'll second. [20:32] I have a motion by Mr. Dean for four-way [20:36] stop at 53rd and Oliver with a second by [20:39] Mr. David. [20:42] » I have one point of discussion [20:44] » And time for discussion. This is right. [20:47] This is the time. Um, I know when we [20:50] installed the the four-way stop at 53rd [20:54] and Rock, I believe was the most recent [20:55] one. [20:56] » Most recent one was Woodline, but there [20:58] is a four-way stop at Rock as well. [21:00] » Um, I received several comments from [21:02] residents about the congestion and how [21:06] long it takes. Uh, one story was related [21:09] to me trying to go north on Rock Road. [21:13] Um, to get from the quick trip up to the [21:16] four-way stop took 45 minutes [21:20] for this individual. So, I'd like to [21:24] » 45th or at 53rd. [21:26] » Sorry, at 45th. [21:27] » Okay. [21:28] » Unfortunately, 45th and Wood and and [21:31] Rock Road is Witchaw's jurisdiction. [21:33] It's not Bell's jurisdiction. [21:35] » Okay. [21:36] » Mr. Mayor, I'll also add, Brandon, this [21:38] happened last time. Woodlon is supposed [21:40] to detour to Oliver, but a lot of people [21:42] are trying to use that route, and that [21:44] has caused a lot of backups. I see them [21:46] in the evening as well [21:48] » Because people are avoiding using the [21:50] Oliver or Edgemore, like there's [21:52] multiple routes, but I have noticed that [21:55] since we've started the Woodlon [21:56] reconstruction that [21:59] » It backs up. I know. I've seen it. So, [22:01] going I'm sorry to interrupt you. [22:02] » I've definitely noticed that. One thing [22:04] I'd like to know more about is just [22:06] based on traffic volume, if we install [22:09] this four-way stop, are we going to [22:11] cause a similar backup now on the west [22:14] side of our city where people are trying [22:18] to get through and it's just taking [22:19] forever because they're stopping all the [22:21] they everybody stops now. I'd like to [22:25] understand more about that before we [22:27] just go and do it. Um, with the crash [22:30] data, I understand it's a great idea, [22:32] but I'd like to understand the impact a [22:34] little bit more. [22:35] » So, [22:37] in general terms, anytime you add a stop [22:40] sign where there wasn't one before, [22:41] you're going to increase delay. That is [22:43] simple math. The the difference, I [22:46] think, is you're forcing that, let's [22:50] call it northbound, southbound traffic [22:52] because they're all essentially the [22:54] same. you're stopping that north south [22:56] traffic to allow people from the east [22:59] west direction to make that movement [23:01] safely, whichever movement they're [23:03] trying to make. That's the angle crashes [23:06] that we're seeing at those [23:07] intersections. That's what the pro the [23:09] majority of them are. And that's the [23:12] problem that we're trying to solve. And [23:14] from where we sit, it is [23:19] a safer situation to increase the delay [23:21] on north or southbound traffic to allow [23:23] that turn to happen and reduce crashes. [23:26] Yes. The downside is there is some [23:28] delay. What you're talking about is [23:30] excessive delay, which sounds like it [23:33] may be for a different reason than the [23:35] stop sign itself. [23:37] » Increased traffic, diverted traffic, [23:38] whatever that may be. And we could try [23:42] to look at it, but it is a much more [23:46] complex problem because it's a much [23:48] broader area. Um, at some point that [23:52] could become a citywide traffic study [23:54] that you do not want to pay for. Uh, [23:57] happy to do it, but maybe not the best [24:00] use of your funds. And it's also a [24:02] temporary problem. [24:05] » So, I don't know if I answered your [24:06] question or not, but [24:08] » You did. Thank you. [24:10] Mr. Mayor, [24:12] » Mr. Dh David, [24:13] » I guess I'll ask that question slightly [24:15] different way. Um, it didn't quite meet [24:18] the warrant of the 140. So, you got 210 [24:20] going north and south at least and 140 [24:24] going east and west. Um, do you know the [24:27] ratio of that? Because because like you [24:29] said, you're trying to solve the east [24:30] and west problem. Give them a chance to [24:33] » Yeah, but it's and I don't know the [24:35] ratio top of my head, but it's a [24:36] combination of the total volume. If all [24:39] your traffic's going to one direction, [24:40] you got nobody coming from the other. [24:42] Doesn't make any difference because you [24:43] don't need anybody. It's it's there's [24:46] enough coming that wants to turn or go [24:49] through and there's enough going the [24:50] other direction that it's preventing [24:52] them from doing so in a reasonable [24:53] manner. [24:55] » Speed's part of that. Um the high angle [24:58] crashes are are part of that because [24:59] that's the downside of not having enough [25:01] gap or sufficient gap to be able to make [25:03] that movement safely. Um I I'm not sure [25:07] that I understood which question you [25:08] were asking, but [25:09] » I was really going to ask that question [25:10] about web, but um it'd be good data to [25:13] have for Oliver as well. [25:15] » What the cross street, [25:16] » You know, [25:16] » What the cross street volumes are. [25:18] » Yeah. Because if you don't have a high [25:19] cross street volume, you're really not [25:21] solving the problem. But but what that [25:23] memo is telling you is [25:24] » It is [25:25] » I can show you what the counts are, but [25:28] those counts put into that [25:31] warrant actually it meets it at this [25:34] current state or it meets seven of eight [25:36] hours. [25:36] » Yeah, warrant D I thought we didn't [25:38] quite meet for Oliver, [25:40] » But it was close enough. I would say I I [25:42] can't remember the numbers off the top [25:43] of my head, but [25:44] » They were both close enough that it was [25:47] worth warranting even for just that one [25:50] warrant without the crashes included as [25:52] the a separate warrant that's met. [25:54] » I'm really complaining about the the [25:56] warrant. That that data to me doesn't [25:58] tell me the whole story. I want to see [26:01] what the ratio is between the two. [26:03] » I we have that data. I can provide it. [26:05] Yeah, [26:06] I think Oliver obviously warrants it, [26:09] but um I'd still like to see those [26:12] numbers, especially on [26:13] » I think the difference with web is that [26:15] not only is that north south traffic not [26:17] stopping, but also you've got a far a [26:19] further distance to travel to clear [26:21] those through lanes creating a [26:24] » A more unsafe situation and then you [26:27] bring speed into it and it takes it up [26:28] to a yet another level. [26:32] » Mr. Mayor, I was also going to say uh [26:34] you mentioned earlier the volume you [26:35] don't really have control. The honest [26:36] truth is we're a growing city and [26:38] growing cities do have more homes and [26:40] more homes produce more cars and more [26:43] cars produce more traffic and more [26:45] traffic produces more accidents. And so [26:48] part of what we're dealing with and [26:49] we're going to continue to deal with is [26:50] decisions like this. When is the time [26:52] right to do a four-way stop? When is the [26:54] time right to do a stoplight? Because [26:56] some of our intersections are probably [26:58] approaching that at some point, right? [27:00] And so this is not going away. And I [27:03] have heard the same concerns from a few [27:05] folks. I'll say a couple folks, like [27:07] very few people have reached out to me [27:09] also and said, "Please don't put up stop [27:12] signs because I don't want this to [27:14] inconvenience me." And I've seen enough [27:16] data in the crash data for the last few [27:18] years that I am comfortable with Oliver [27:21] and I am comfortable with with long beam [27:23] four-way stops because I know data [27:25] proves and proved out on rock that we [27:28] reduce the crashes. And so to me, this [27:30] is a no-brainer on Oliver. Um web [27:33] remains to be seen just because I think [27:35] there's a little bit more how are we [27:37] going to actually deal with that if we [27:38] move forward with the four-way stop and [27:40] actually do it safely. And I don't [27:42] otherwise I don't think there's any [27:44] question to me on Oliver. [27:47] » Okay. Mr. Bctor, [27:51] » Mr. Mayor, some comments I was I figured [27:53] I'd offer it is half I I guess Circle [27:57] School District starts half a mile east [28:00] of Rock Road and and how a lot of those [28:03] high school kids or uh that are actually [28:05] are starting to drive get to school or [28:07] could get to school is they can drive [28:09] over to Circle Greenwich Elementary and [28:11] then they and then they get bust on up [28:13] the highway. So there there are students [28:16] that are crossing going that way. [28:17] There's also students that um are [28:19] probably using that intersection leaving [28:21] the high school right over there and [28:23] even as you know someone who's been [28:24] driving a long time web that's all [28:28] that's all really uh kind of sketchy but [28:30] I'm not really sure what to do about it [28:32] even as our like our son starting to [28:34] drive and he'll be going over at some [28:35] point to cross web and I just I I think [28:39] about especially new drivers and I don't [28:41] know if that's even a data point of the [28:43] age of the drivers but I don't know that [28:44] it's that big of a factor. [28:46] It's not something that is part of what [28:49] we analyze as part of the warrant. [28:51] » Sure. Yeah. But um anyways, just giving [28:55] students even a safe way to get across [28:56] because I mean it's four lanes [28:58] » Split up going both ways pretty quick. [29:00] » Yeah, I I get it. I'm I'm a little [29:03] concerned about it myself. That's a [29:05] that's a wonky intersection because you [29:06] got four lanes uh north and south, you [29:10] got two lanes on the west side, and you [29:12] got three lanes on the east side. So, [29:14] it's like that's a it's a ma mix mass of [29:17] everything. So, that's that's what [29:19] pretty wild. But anyway, Miss Hamburg, [29:23] » I know we're on Oliver, but I'll make my [29:24] web comment too. One other thing I [29:26] mentioned to Ted was and just thinking [29:28] through how it is four lanes and you got [29:30] the speed change. We don't know what's [29:32] going to happen with 254 and um where [29:35] the interchange is exactly going to go [29:37] and development, but you never know [29:39] that. Another thing I mentioned to Ted [29:40] was the possibility of a cost sharing [29:42] with Witchaw at 45th and Web or the [29:45] airport authority. I I don't know what [29:48] that would entail to study that and and [29:50] maybe just do a traffic light there. I [29:53] know there's one further south. So So I [29:55] don't have a great answer on that, but I [29:56] thought it was maybe something worth [29:57] pursuing since a four-way stop might be [30:00] a little more complicated, but I I see [30:03] it both ways, but I'm totally in support [30:05] um of of the Oliver. I've seen so many [30:07] crashes and just the issues and the [30:09] development up there. So, I'll I'll be [30:10] supporting this specific motion. [30:12] » The warrant, just for discussion [30:14] purposes, the warrant for a stop sign is [30:18] far lower than what a signal would be. [30:21] And I don't know that again, I don't [30:22] know the numbers off the top of my head, [30:23] but I would be surprised if it was [30:26] enough to warrant a signal [30:27] » At 45th and web. [30:29] » Yeah. I I don't know. [30:31] » I know you guys counted that one. That's [30:33] it's an additional thing what I was [30:35] » Whether the city had counted it in the [30:36] last cycle is what I was trying to [30:38] remember and I can't [30:40] » Yeah [30:42] so if that's a concern we can also look [30:44] at that [30:45] » It was just it was just a thought and if [30:46] there was a cost sharing option there so [30:50] » Okay I might add we we mainly focused on [30:53] Oliver because that's that's where it [30:55] was but because we had Tim looking at [30:57] traffic studies we said hey will you [30:59] take a look at web so I I know there's [31:01] more work to do on web especially with [31:02] the way it looks out. We'll we'll work [31:04] on that and uh come back. And thank you, [31:07] Miss uh Council Member Hamburg, for [31:08] reminding me of the 45th and web. [31:11] There's two intersections on on web, so [31:13] we might take a little look at that as [31:15] well. [31:16] » Okay. Any other discussion? We have a we [31:20] still have a motion to vote on, so I [31:22] don't want to cut off discussion if [31:24] we've got any more to do. But if not, [31:27] I'll call for a vote. All in favor say [31:29] I. I. I. [31:31] » Any opposed? [31:32] That motion carries five to zero. Thank [31:35] you. [31:38] All right. The next item on the agenda [31:39] is citizens concerns. Do we have any [31:41] citizens here who wish to speak to this [31:43] council? Please come to the podium and [31:46] state your name, address, and uh we'll [31:49] give you three minutes. [31:52] » Thank you. My name is Keith Erlic. I [31:54] live at 4957 East Willow Point Court. [31:58] And I just read last week, according to [32:01] the Witchaw Eagle, that the city of Bair [32:04] is getting a Sinclair gas station. And I [32:08] got to ask why. You're putting a gas [32:11] station in the middle of the residential [32:13] area at 45th and Woodlon. At 45th and [32:17] Woodland, [32:19] no businesses have ever done well at [32:21] 45th and Woodland. So now you're going [32:23] to put a business in there that's never [32:26] going to make it. And then you're going [32:27] to end up with environmental hazards [32:29] trying to pull the tanks out. And you're [32:32] talking about traffic. You're talking [32:33] about a 247 out 247 convenience store [32:36] that's going to draw the wrong kind of [32:38] people at the wrong time of the day. [32:40] It's going to tax our our police [32:43] officers who are going to have to be [32:44] patrolling that area. The city of Bair [32:47] is encircled by Quick Trips, Dillons, [32:50] Casey's, everything else. Why are we [32:53] trying to put a gas station at 45th in [32:57] Woodland? [32:58] This just does makes absolutely no [33:00] sense. I'm sorry. It just makes no [33:02] sense. So in the heart of the [33:04] residential district of Belair, [33:06] thank you. And you've got [33:08] $500,000 plus homes just a half a mile [33:11] down the road and you've got the [33:13] Catholic Life Center. You're talking [33:15] about additional traffic, everything [33:17] else. this place and you know this [33:18] business is never going to succeed and [33:21] they're not a cor good corporate [33:22] business at they have a store at 21st in [33:26] Woodlon and they're not a good corporate [33:28] business down there and as soon as the [33:30] quick trip at 21st and Woodlon is done [33:34] that store is going to be done. So why [33:37] are we authorizing somebody to build a [33:39] building that's never going to make it? [33:41] That's all I got to say. Thank you. [33:43] » All right. Thank you. I appreciate your [33:44] comments. So, [33:47] any other citizens? [33:49] I take it we don't have any others. We [33:51] we don't have any comment cards uh [33:55] » From the clerk. Okay. Thank you. Well, [33:57] we'll move on to council member reports [34:00] and we'll start with Mr. uh Macintosh. [34:04] » Trying to mix it up a little bit. [34:06] » Um we'll we'll cover mine in item 13D. [34:10] » Okay. Very good. Mr. Proctor. [34:15] No report, Mr. Mayor. [34:16] » Okay, Mr. David. [34:18] » No report. Thank you, [34:19] » Mr. Dean. [34:20] » Mr. Mayor, I do have one quick thing. [34:22] Yesterday, our K254 corridor development [34:25] association plan implementation [34:27] committee, I know that's a mouthful, had [34:29] a call uh we visited with several folks [34:32] from KOT to continue discussing um [34:34] federal grant opportunities and also a [34:37] little bit more in depth on what their [34:38] state funding options look like. Um [34:41] really the whole idea here is to try to [34:43] help um move forward some of the smaller [34:46] short-term improvements as a part of the [34:47] corridor management plan. So we're [34:49] trying to learn as much as we can so [34:51] that we can share that with our members. [34:52] Um I'm excited. There was a couple [34:54] really cool things that were shared with [34:56] us on the call about some opportunities [34:57] that were specific for corridor um [35:02] places that have corridor plans. And so [35:04] that was exciting and I'm looking [35:06] forward to sharing that with some of our [35:07] membership on Friday and continuing [35:09] discussing option options with KOT. [35:11] That's all I have. [35:12] » All right. Well, very good. Thank you. [35:14] Good to hear that. And uh Miss Hamburg. [35:18] » Thank you, Mr. Mayor. Uh nothing report [35:20] worthy this evening. Thank you. [35:22] » Okay. Well, thank you. We'll move on. [35:24] Mayor's report. So on August 12th, I [35:26] attended the monthly WAMPO meeting and [35:29] we approved the fiscal year the federal [35:33] fiscal year 2027 through the federal [35:35] fiscal year 2030 transportation [35:37] improvement program. It's also known as [35:40] the tip. Uh projects must be in the tip [35:43] to be funded through the WARO process. [35:45] So, this tip includes 80% funding for [35:47] construction at 45th Street from Wood [35:49] Oliver to Woodlon and our bike path uh [35:53] trail uh phase one. So, those are both [35:56] in the tip. Now, uh WPO will be doing [35:59] their annual bicycle pedestrian activity [36:02] counts on September 16th, 17th, and 19th [36:04] this year. And they are again looking [36:06] for volunteers to help with this. Even [36:08] if someone can only do one two-hour [36:11] shift, uh that would be helpful. So, [36:14] more information can be found on the [36:15] flyer and I don't know if we got the [36:18] flyer posted yet, but is it is it [36:20] posted? Okay. So, we will have that [36:22] posted short uh probably the next day or [36:24] two. Uh or you can go to the website [36:27] wampo.org/volunteer [36:30] and volunteer that way as well, which I [36:33] think the flyer does the same thing to [36:35] get you to that same website. So, um on [36:38] August 13th, I attended the REIT [36:40] meeting. Uh that's regional economic [36:43] area partners meeting. Uh so we heard a [36:46] wrap-up of the preliminary primary [36:48] election by Dr. Eric Ston and we also [36:52] briefly discussed whether we should [36:54] provide a unified regional legislative [36:56] agenda. Um it appears that that was done [36:59] a few years ago but not in in the very [37:02] recent years. So no real decision was [37:04] made about that although I do think they [37:06] are trying to pull some data together to [37:08] put put such an agenda together for our [37:11] toa um contingency. [37:15] So this Friday August 21 the K254 [37:19] cordial development association will be [37:21] meeting at 11:30 at the Benton community [37:23] room in Benton Kansas. So I'm sure we'll [37:26] be talking more about the things that [37:28] Mr. Dean talked about at that meeting. [37:31] Uh then also a reminder that this [37:34] Thursday, a week from Thursday, the 27th [37:37] is the local water consult which is part [37:40] of the state's regional water planning [37:42] effort and that will be from 9:00 a.m. [37:44] to noon at the Witchaw Public Library [37:46] Advanced Learning Center in downtown [37:48] Witchaw. Uh while we are not in any [37:51] drought emergency today, is important [37:53] that Kansas improve water management for [37:56] everyone's future. So, I'll now ask our [37:59] city attorney for her report. [38:03] » Thank you, Mr. Mayor. Uh, a lot of work [38:06] on processes has been happening lately. [38:10] One specific example, we've had some [38:13] civilians contact the city wanting to [38:16] know how to pay their citation. becoming [38:20] more familiar with Tyler, our system. [38:23] One of the most recent ways we've [38:25] learned how to pay is an individual can [38:28] literally enter into their vehicle [38:30] information and the state of that [38:33] vehicle, the license number, and they're [38:35] able to pay. This has been used uh and [38:39] practiced with. It's another way for [38:40] individuals to pay online. So, they can [38:43] just put in their license number and the [38:45] state, and they're able to pay through [38:46] Tyler. Uh again, this payment online [38:49] system is assisting with municipal court [38:52] and especially helping with individuals [38:54] who receive citations who live outside [38:57] the city limits. So if they're here [38:59] visiting out of state, they don't have [39:01] to come all the way back to pay that. Uh [39:03] the other thing I would like to mention [39:04] is uh next at our next meeting on [39:07] September 1, the council will receive an [39:10] ordinance regarding a uh the city having [39:13] a records management program. It is a [39:16] really it's a good opportunity for us to [39:20] have a consistent practice of record [39:22] management organization retention and [39:25] ultimate disposition. It will also help [39:28] with Kansas open records acts requests [39:30] that come in. We will know where these [39:32] uh documents are having official [39:34] custodians who will be assisted in [39:36] training. This has all been led in the [39:39] effort of the city manager. uh it's been [39:41] very helpful meeting with department [39:43] heads to find out what is helping with [39:44] them as well. And then finally if uh the [39:47] next ordinance after that would be an [39:49] update to our Kansas open records act [39:51] ordinance which would include new [39:53] legislative act enactments that took [39:55] place last uh year and then also [39:57] incorporate the processes and [39:59] definitions from a new city records [40:02] management program ordinance. That's all [40:04] I have. Thank you. [40:05] » Very good. Are just a curiosity [40:08] question. Are people able to just go to [40:10] the uh police clerk and pay their [40:13] traffic fines? Now, [40:15] » A person can walk in and pay that as [40:18] well. [40:18] » Okay. [40:19] » Just wanted to make sure that we were [40:20] able to do that. Sound like we're [40:22] getting all those technology, but some [40:23] people just want to pay cash, right? [40:26] Okay. [40:28] » All right. Very good. Thank you. Uh [40:30] we'll move on to our city manager [40:31] report. [40:32] » Thank you, Mr. Mayor. Council, uh hope [40:35] you've seen it by now. Woodline update. [40:37] Uh we posted yesterday that we're about [40:39] ready to complete phase one of the [40:42] project. Uh they lay an asphalt today I [40:45] believe and we'll finish up uh this week [40:47] and open up phase two next Monday. Um [40:51] again this too small to read here [40:53] tonight but um uh we'll move on to phase [40:56] two which is expected to be around six [40:58] months. It's a little difficult with how [41:00] much they'll have to treat lime that has [41:03] a and but we always have those estimates [41:05] with weather other delays. So, um that [41:09] that's just the best uh the best [41:11] estimate we have right now and we'll [41:13] we'll try every day to beat that. But, [41:15] uh we don't a lot of this is out of our [41:17] control. [41:19] On September 3rd, we'll have the area [41:22] Chamber of Commerce uh will be at [41:24] Walton's uh one of our community [41:26] businesses and touring that facility. [41:28] So, I think that'll be good. As well as [41:30] on September 12th, we'll have Art Turn's [41:34] memorial dedication. So, just few [41:36] updates for the council today and I'm [41:38] here stand for questions. [41:45] » Any questions for the city manager? All [41:49] right. [41:50] Um Okay. So, we don't have any [41:53] ordinance, resolutions, and file [41:54] actions. So, and we do have no need for [41:57] an executive session. Uh, so we're ready [42:00] to go to discussions, future issues. And [42:02] the first thing on that agenda is a [42:05] presentation on court code enforcement. [42:07] The Bair City Code allows unresolved [42:10] code violations to be referred to [42:12] municipal court when mun multiple items [42:16] to resolve the issue have been [42:17] unsuccessful. Um, multiple attempts. Uh [42:21] recently staff developed a process for [42:24] referring these violations to municipal [42:25] court directing community development. [42:28] Uh Paula DS is here to discuss the [42:30] process and provide additional [42:32] information. Miss DS. [42:34] » Thank you Mr. Mayor. Basically I just [42:37] want to let you all know that currently [42:39] in code we do have remedy options and [42:42] enforcement options. They just have not [42:44] been fully utilized in the past. uh [42:47] mostly because we didn't have an [42:49] identified process uh behind the scenes [42:51] and especially in municipal court. The [42:53] city attorney worked very diligently [42:56] with court staff, with the prosecutor, [42:58] with the judge to identify how these [43:02] cases would now be brought and developed [43:03] a whole lot of processes. Maria may want [43:05] to respond to that, but from behind the [43:07] scenes, I wanted you all to know that [43:09] those UCCC code uh violation uh reports [43:13] and letters will be going to people who [43:16] continue to violate code enforcement [43:17] outside of the violation remedy [43:20] processes. Uh it's very likely that you [43:23] will now be receiving a lot of phone [43:25] calls wondering why they're getting sent [43:27] to municipal court for nuisance and [43:29] building code violations. And I always [43:31] like to give the council a heads up to [43:32] know that those they that's in code now. [43:35] We're just going to avail those tools [43:37] now that we have implemented processes [43:38] behind the scenes and through municipal [43:40] court. Happy to answer any questions and [43:42] I know Maria spent a lot of time uh [43:44] working with municipal court to [43:45] establish those processes and I'm sure [43:47] she'll be flexible and answering [43:49] questions also if you have any. [43:52] So I do have a one one concern is what [43:55] is the impact to the court uh about how [43:59] many cases are we looking at concern [44:02] in addition to the cases we're already [44:04] hit that are already hit in municipal [44:05] court. [44:06] » So I can say that our code enforcement [44:07] officer does an excellent job in working [44:10] diligently. When I say diligently I mean [44:13] sometimes it stretches months. If they [44:15] are willing to make progress we are will [44:17] continue to work with them to make [44:19] progress. We do have individuals who do [44:23] not uh [44:26] want to remedy the situation, can't [44:29] remedy the saturation, whatever. We've [44:31] continued to work with them and try, but [44:34] those are long-term chronic issues. We [44:38] can guesstimate there might be an impact [44:41] initially of 12 cases or so. Past that, [44:44] I don't know what that would be on a [44:46] monthly basis or per coat court session. [44:49] Hope it's not huge and 12 [44:51] » It's not huge. I [44:52] » 12 doesn't seem unreasonable. So, [44:54] » But we are very reasonable. There are [44:56] just some right now that we've been [44:58] trying to work for with months and they [45:00] just they will not comply. So, we're [45:02] going to avail this tool. [45:03] » Okay. Well, I appreciate that. [45:05] » Any other questions for Miss Towns on [45:08] these enforcement actions? [45:12] Unfortunately, we have some that just [45:14] need to need need to go that route, but [45:16] unfortunately, [45:18] » Well, if there's no other questions or [45:20] discussions, we're going to move on to [45:23] the Woodlon detour uh request that Mr. U [45:28] Macintosh asked for. And the reason I'm [45:29] putting it in now is because uh we were [45:32] asked to do that before we start into [45:34] the short-term rental discussion by our [45:37] city manager. So, [45:40] um, so it's your question, so [45:44] it's your turn to speak. [45:46] » All right. Um, [45:50] I think we all received an email from [45:53] uh, Mr. James Small, I believe was his [45:57] name. Uh, he made some good points in [46:00] his email along with some things that I [46:03] have noticed and witnessed just through [46:06] that neighborhood. If you look at the [46:08] map up on the board here, [46:11] phase one is what's currently closed. [46:14] And what we're seeing is the [46:17] neighborhood that is at the top of this [46:20] screen, which is to the west, [46:24] rather than motorists taking the [46:26] official detour along 45th down Oliver [46:31] or along Oliver and then up 37th. [46:35] People are taking a shortcut through [46:38] this neighborhood and we're seeing [46:41] massive [46:42] massive increase in traffic volumes [46:45] through this little neighborhood um [46:47] along Quail Ridge, Edenburgg and then I [46:51] believe it's is it Danbury? [46:55] » Peritton. Thank you. [46:58] Um within a week of phase one being [47:00] closed, um city staff was very quick and [47:04] diligent putting up stop signs at many [47:06] of those intersections. That helped a [47:09] lot with near misses and people just not [47:13] paying attention because those roads [47:15] weren't designed for this kind of [47:16] traffic volume. Um but the volume is [47:19] still there. Um [47:23] according to Mr. smalls email. Traffic [47:26] is a combination of residents and [47:28] trucks, very large trucks, semi-truckss, [47:31] cement mixers, lots of pickup truck uh [47:35] trucks with trailers and equipment, [47:38] and just a ton of mixed traffic that [47:42] should not be going through this [47:43] neighborhood. [47:46] Do we have any means to try and mitigate [47:49] some of this traffic volume? Um, I know [47:52] we've got the official detour signs up. [47:54] Is there anything more we can do? [47:59] » Since these roads are public streets, [48:03] um, there's not a whole lot that I know [48:05] of that we can do because the public is [48:08] allowed to traverse these streets. Um [48:12] there, if I remember correctly, there [48:15] may be weight limits on some of those, [48:17] but our police department does not have [48:20] any way of weighing vehicles at this [48:23] point. Um so that would be something [48:26] that would need to be addressed with the [48:28] police chief. What do you need to start [48:30] weighing these vehicles? Um I'm not sure [48:33] if Miss Shrock has any information but [48:35] whether the city has any codes or um in [48:39] the STTO whether there's any um [48:43] any fines or any kind of measures to [48:47] discourage that. Um but since it is a [48:50] public road, you know, I I do understand [48:53] and I feel for the folks that live along [48:55] there, we do have the official detours [48:59] set up. Um, you know, besides that, I'm [49:02] not sure what we can do. I have been [49:04] told of cement trucks, etc. Um, [49:08] construction vehicles using that. I have [49:10] checked with the contractor and those [49:12] are not Pearson construction vehicles. [49:15] Those are we have a lot of other [49:17] construction going on the city, you [49:18] know, between buildings and folks trying [49:20] to get windows done or sighting or [49:22] whatever have you, you know, normal home [49:24] events and they're most likely [49:27] associated with those and not with the [49:29] Woodlong construction project. So short [49:31] of that being said, you know, I'm not [49:33] sure and kind of working with the city [49:35] attorney and the police chief, I'm [49:37] really not sure what else we can do if [49:40] the council has any concerns and notices [49:42] as we shift into phase [49:45] two. Um, please let me know. You know, [49:48] we can let Ted know. We can also always [49:51] throw some stop signs up. I know the [49:53] police department does do additional [49:55] patrols out in that area. if they see [49:57] unsafe driving behavior, they do make [50:00] sure to to stop that as long as they [50:03] have, you know, the means to do so. [50:05] They're not just going to stop somebody [50:07] because they're going through a street. [50:10] So, because it's not a private street, [50:13] there's, in my understanding, there's [50:15] not a whole lot that can be done. But [50:18] Maria, do you have any other thoughts? [50:24] location. [50:27] » Well, let me let me just say a little [50:30] bit of this is academic because this is [50:32] we're going to phase two Monday. Okay. [50:35] So, that will stop that traffic pattern. [50:38] But [50:39] » There'll be a new traffic pattern. I [50:41] don't know what that's going to look [50:42] like. [50:43] » And so, in in that respect, it's it's [50:45] it's not academic because there going to [50:47] be a new traffic pattern. We just don't [50:48] know what it's going to be. Uh we can [50:50] make some guesses, but we don't know. [50:53] But just a question, would we be wise to [50:56] put up assigned no trucks like at [51:00] Danbury when uh that when that uh moves [51:05] to phase two? [51:06] » That would most likely take council [51:08] action. I am looking at Maria because [51:10] I'm not entirely sure what that would [51:12] take. And [51:15] from my limited understanding, there [51:17] would have to be a definition of truck. [51:19] » Yeah. Well, we don't have I mean, [51:22] » I'm I'm not sure. [51:22] » So, the roads aren't built for [51:24] commercial vehicles. They're built or [51:26] maybe we should say no commercial [51:27] vehicles. I don't know. But they're not [51:29] to to this gentleman's point. I I I did [51:31] not get this email, so I don't I I know [51:33] nothing about it. But, uh [51:36] there those roads are not obviously [51:38] built for continuous use by commercial [51:40] vehicles. So, um maybe that would be an [51:44] appropriate thing to do. I don't know. [51:45] I'm just just throwing out ideas. [51:46] » No. And I I appreciate that. That's [51:48] that's kind of what we want to hear. Um, [51:50] if you guys have ideas, I would [51:52] » Ask just for some time to meet with the [51:55] Maria and the police just to make sure [51:58] that we have definitions correct. [52:00] » Mr. D, [52:01] » I think I I I agree that there's an [52:03] issue there. I think you're right. It's [52:05] going to change. It's going to change [52:06] the pattern. My guess is it's going to [52:08] solve it a little bit because it's going [52:09] to be a lot longer of a travel through [52:11] residential streets. It won't be a quick [52:12] skip and a jump. But I have seen on [52:16] projects a lot of times local traffic [52:18] only signs posted or even a barricade [52:20] that's entering the residential area [52:22] that kind of makes it look like it's [52:24] closed. It doesn't say closed, but it [52:26] then on that barricade says local [52:27] traffic only. I would suggest doing [52:29] something like that, but I think maybe [52:31] we wait till phase two starts and then [52:34] kind of study it a little bit and decide [52:36] where those might need to go. Um or [52:38] maybe we just kind of do it at the [52:40] beginning of phase two just so it's a [52:42] like a new a new process, a new normal [52:45] kind kind of thing. Um [52:48] this happened last time too. The only [52:50] thing that was better about last time, [52:51] I'll just say this from my experience is [52:53] we carried traffic through Woodlon one [52:55] way. It was only one way though. It was [52:56] northbound. So traffic had less of an in [53:00] interest in trying to do this shortcut [53:02] stuff because they would just take [53:03] Woodlon. They just make sure that they [53:04] were on the south side and they could go [53:06] north. Um, but this did happen last [53:08] time. It wasn't as bad as that specific [53:11] section, but when we made the decision [53:12] to fully close it in the effort to try [53:15] to hopefully speed up this [53:17] reconstruction, which would ultimately [53:18] reduce the overall traffic impact on [53:21] everybody. This is just kind of part of [53:23] that issue. I think um last time the [53:27] bigger issue was it seemed like um [53:29] Edgemore got a lot more traffic and [53:31] there was lots of people always [53:32] complaining about how Edgemore cut over [53:34] to 38th or something and then went to [53:36] 37th and there was always a backup there [53:38] because people couldn't turn left at [53:40] 37th and whatever that road was and so [53:43] people wanted they demanded I had [53:45] several emails demanding you have to put [53:47] up a a stoplight there a temporary [53:50] stoplight and that was a request of [53:52] several folks and it just wasn't [53:53] feasible for the amount traffic that you [53:55] know is on 37th. It was hey follow the [53:58] posted detour then you won't have to sit [54:00] in line like so I think you have to [54:02] balance this a little bit. People have [54:04] to understand that's going to happen if [54:06] people don't follow the posted detour. [54:08] And if people in these neighborhoods are [54:10] doing that you know part of it is it's a [54:13] convenience for them. It makes it a [54:14] little easier to get to their house that [54:15] might just be on the other side versus [54:17] the whole detour. That's probably [54:18] happening too. Um so there's kind of a I [54:21] see this all the time. road projects, [54:23] they're always the same, right? Whether [54:24] you post a detour or not, people don't [54:26] follow it. Uh, but I would like to think [54:28] that we could get construction traffic, [54:30] especially [54:32] dang sure, making sure that the [54:34] contractor on the job knows that that is [54:35] not a construction route at all. You [54:38] need to be driving through the work [54:39] zone. And I think we if we put up some [54:42] local traffic only in barricades type [54:44] like type two type three barricades not [54:46] just a sign something that's right there [54:49] next to the road that makes it a little [54:51] should I be doing just gives a little [54:52] bit more stress I think could help. I [54:55] just don't know if we want to decide now [54:56] just do it put it on the residentials [54:58] around phase two or do we wait and put [55:00] them up when we see a problem. [55:04] But that's my kind of two cents. So, I [55:05] don't think we're going to eliminate it. [55:07] Um, but we that may make it better. [55:11] » Mayor Minaj. Oh, sorry. Uh, this I [55:14] appreciate the conversation. This is [55:16] kind of the precise reason why I have [55:17] staff meetings on Wednesday mornings [55:19] because uh I think when we identified [55:22] kind of the issues with phase one. I had [55:24] Ann, Marty, and Chief in the same room [55:26] and we tried to work out the best [55:28] feasible solution to our problem at [55:31] hand. So, I appreciate the conversation. [55:33] and I'm taking it all down. And uh [55:35] that's something that we will discuss [55:37] tomorrow morning and I'll report back to [55:39] the council and we'll do our best to [55:41] help control somewhat of a almost an [55:44] uncontrollable situation. Uh but we will [55:47] do our best and I hope uh exactly that [55:50] that's a difficult ask but we will do [55:53] our best. [55:53] » Okay, Miss Hamburg, [55:55] » I was just going to say I Council Member [55:56] Dean's suggestion about barricades. They [55:58] had those um they were doing the [56:00] roundabout up Meridian and into Valley [56:03] Center and just visually I don't know [56:05] how it would work on that tighter street [56:07] but where I don't know if that wouldn't [56:09] help with the truck traffic that goes oh [56:11] you know if you're you know a private [56:13] vehicle and you can skirt through there [56:15] if you still want to do that but tearing [56:17] up the streets back there if there was [56:19] an relatively easy way I don't want to [56:21] weigh trucks but you know or even just [56:24] an education component the chief could [56:26] do um but I think the barricades idea is [56:28] kind of good. That might deter enough [56:30] people to slow it down back there. So [56:32] » Yeah, just [56:34] » Mr. Macintosh, [56:37] » I I I concur. I like the barricades idea [56:40] and if we do it, I'd say we do it in [56:44] conjunction with starting phase two. [56:45] Make that happen right away so that [56:49] nobody gets used to the idea of going [56:51] through this neighborhood before those [56:53] go up. [56:54] » I would I would agree. I'd probably tend [56:57] to lean that way. And and just to [56:58] clarify, these would not block the road [56:59] in any way. They would be set kind of [57:01] right next to the curb in the grass like [57:04] in our rightway area. That's usually how [57:06] I've seen it done. Um if you have four [57:08] lanes, a lot of times we'll even block [57:10] the outside lanes and force traffic that [57:12] is local to use just the two lanes. But [57:13] in this case with residential, you won't [57:15] be able to block the street at all. [57:16] » We may be able to block partially block [57:18] like put it halfway in the grass and [57:20] then halfway on the street just to give [57:22] a little bit more of a [57:23] » Little tighter. Yep. [57:24] » Yeah, [57:25] » This one may go both Danbury and [57:27] Edgemore. [57:28] » Correct. [57:28] » We might need to look at both of those. [57:30] So, just we don't know. We just have to [57:32] see what happens. Monday, [57:34] » I have to be flexible and adjust on the [57:35] fly. [57:36] » Right. Okay. All right. Good discussion [57:40] and uh um I know that Ted will work on [57:45] on solutions. So, great. Thank you. [57:48] » Thank you. [57:49] » All right. Uh the next one is a big item [57:52] on the agenda tonight is uh discussion [57:54] presentation of draft document for [57:56] short-term rentals. So staff has [57:58] developed a preliminary draft of [57:59] short-term regulations for review and [58:03] it's the draft is intended to gather [58:05] feedback from planning commission and [58:06] city council before any final [58:08] regulations are proposed. And again Miss [58:11] Downs is here to uh present the [58:13] information and she has my list of 28 [58:16] questions. So, [58:18] » Thank you for those 20 questions, Mayor. [58:20] I appreciate it. This document before [58:23] you that was included in your packet is [58:25] really designed to make sure that you [58:26] understand u all the feedback that I've [58:29] received to date. All the questions [58:31] we've received from date to date, the [58:33] research that was completed and some [58:35] best practices items were put together [58:37] collectively into this document. It is a [58:39] really preliminarily working document um [58:43] that still needs to be evaluated in in [58:46] multiple ways. Um, I don't think I need [58:48] to read the staff report, but what I [58:49] wanted to highlight are just a few [58:51] things is that the sections um changed a [58:54] little bit since the last time you've [58:56] seen it. Um, we've updated it. We've [58:58] made um we've captured everything that [59:00] you requested. We also put language to [59:04] that and built it out. The text has been [59:06] much further uh built out as you can [59:08] see. It's grown quite a bit. But that is [59:10] just to give you the opportunity to [59:12] review um what that could look like. [59:15] it's not set in stone. It's not the [59:17] final document. Um and that um um there [59:22] are some legal and order of sections [59:26] that need to be worked out, but also we [59:29] are having to um get some additional [59:32] feedback from you on a couple of key [59:34] issues on whether we should include [59:35] these things that have come up um since [59:38] we've talked last. So, a couple of [59:40] things that we're requesting feedback on [59:43] um are set out in the report. basically [59:45] about whether these ST these short-term [59:48] rentals STRs are able to host gatherings [59:51] or events. Sometimes they'll rent a [59:54] home, they'll have a wedding, they'll [59:56] rent the home that might have a huge [59:58] graduation per you know uh event. So [1:00:02] whether we want to include that, that's [1:00:04] a topic that was not discussed before, [1:00:05] but it appears in several um STR [1:00:08] regulations across the state. And also I [1:00:11] want you to know that one of the other [1:00:13] requests um for feedback was related to [1:00:17] the overall process related to we're [1:00:20] still trying to um clarify and define [1:00:25] what it means to have a public hearing [1:00:28] an appeal process. It's a little fuzzy [1:00:32] right now. And so what we did initially [1:00:36] was think about how a regular case would [1:00:39] proceed through our codes, which is [1:00:42] planning commission would review it. [1:00:43] They'd make a recommendation to city [1:00:44] council. City council would uh decide on [1:00:47] the case. Um we're realizing that [1:00:50] there's a step that has to be resolved [1:00:52] in the time that I receive an [1:00:54] application to review. right now if they [1:00:58] meet all the recommendations or all the [1:01:00] requirements of the regulations as [1:01:02] presented it has to be approved. [1:01:05] The next piece is that they or if I deny [1:01:08] it then they have an appeal process but [1:01:11] then how do the surrounding property [1:01:13] owners potentially be involved in [1:01:15] protest petition processes? This is a [1:01:19] still a little unclear. We haven't [1:01:21] worked that out quite yet. So, I wanted [1:01:23] to go on record saying that that is not [1:01:25] a clean section because we're having [1:01:27] some difficulty trying to figure out how [1:01:29] to not only set up the process that [1:01:31] allows that discussion, but also um how [1:01:35] best to handle that. So, um when this [1:01:39] document hit, the mayor is correct. He [1:01:42] he responded and provided some um [1:01:45] initial comments back. But I also want [1:01:47] to say that even though the short-term [1:01:50] rental regulations is a new regulation, [1:01:54] it also has several elements that are [1:01:58] contained in other areas of our code. [1:02:00] So, for example, [1:02:03] um [1:02:05] there are I know that I've said this [1:02:07] before, there are several things that [1:02:09] are occurring right now. We're updating [1:02:11] the zoning code. We also are still [1:02:13] trying to address um the details set [1:02:15] forth in SP 418 and we are trying to [1:02:19] write short-term regulations. There are [1:02:21] some elements in each of those that [1:02:23] affect each other. So our hope was [1:02:26] initially to have the STR regulations [1:02:28] back to you and approved yet this year. [1:02:31] However, as we've continued to go [1:02:33] through and start thinking about the [1:02:34] development of the zoning codes and some [1:02:36] of those areas, short-term rentals will [1:02:39] play a role in making modification to [1:02:42] our zoning code. For example, back to my [1:02:44] original for example, um the short-term [1:02:47] rental regulations are going to state [1:02:49] and we've had discussions that say that [1:02:51] they will be allowed in single family [1:02:54] and two family districts. Okay? So we [1:02:57] can have the regulation, but in the [1:03:00] section of our code about zoning [1:03:02] districts, we have to put language in [1:03:04] there that says this is a permitted use. [1:03:06] So they are tied together and [1:03:08] intertwined quite a bit. If we make [1:03:10] parking requirements, the parking code [1:03:13] would need to reflect what those parking [1:03:16] requirements are or we'd have to [1:03:17] reference it correctly from the [1:03:19] short-term rental regulations. So it [1:03:22] will have an administrative component, [1:03:24] how they submit applications, how the [1:03:26] applications are reviewed, what we ask [1:03:28] them to post, and it'll also intertwine [1:03:31] with what we need to put into the zoning [1:03:33] regulations. So the document before you [1:03:36] just to acclimate you has everything in [1:03:38] it in one place. And once we determine [1:03:42] what sections stay, what sections may [1:03:44] need to go, maybe what may not need to [1:03:46] be there at all, then we will know [1:03:48] better which part of the code we need to [1:03:51] modify. [1:03:53] It's very complex. I'm sorry. I wish I [1:03:55] could make it simple, but um because the [1:03:57] administrative piece might fall within [1:04:00] the business licensing piece or [1:04:02] permitting piece or it may all go into [1:04:05] the zoning code regulations and then [1:04:06] reference other things. So, um, we're [1:04:09] hoping that we can get some guidance and [1:04:12] some general discussion here so we can [1:04:14] continue to refine the document, but [1:04:15] also let you know that in the flow of [1:04:19] how these other projects are affecting [1:04:23] are being affected by each other that we [1:04:25] will probably be finalizing [1:04:29] and asking for approval at the same time [1:04:31] that we're going through the zoning code [1:04:32] and asking for approval so that all the [1:04:34] language matches. Part of what we've [1:04:36] experienced so far, and I think I've [1:04:37] said this before related to the zoning [1:04:39] code, is we'll change one section and [1:04:42] then we don't change the other section [1:04:44] or we copied and paste and it doesn't [1:04:46] it's not coherent. And so this time, if [1:04:49] we're going to start foundationally, I [1:04:50] want to make sure that it's coherent so [1:04:51] that if we approve the STRs ahead of the [1:04:53] zoning code, we're not coming back in [1:04:55] January modifying the STR codes again or [1:04:58] the zoning codes again to match that. [1:05:00] So, I just wanted to set that tone. But [1:05:03] at this point, I would love to have [1:05:06] whatever feedback that you have uh [1:05:09] related to this document and or [1:05:11] encourage you that if you don't, please [1:05:13] continue to send that to me behind the [1:05:15] scenes in an email because it's very [1:05:17] helpful for consideration. [1:05:19] » Mr. Mayor, Mr. D, [1:05:21] » First of all, Paula, thank you very much [1:05:23] for putting this together because it is [1:05:24] super comprehensive. Um, it probably has [1:05:26] everything you probably could have found [1:05:28] in every bit of research you did, which [1:05:30] is good because that's a good starting [1:05:31] point, but won't be where we finish and [1:05:33] we all know that. May I make a [1:05:35] suggestion? [1:05:36] » Absolutely. [1:05:37] » I have enough comments here and I'm sure [1:05:39] everybody does and if we really want to [1:05:41] give you good feedback and get you on [1:05:43] the way with here's what we want, here's [1:05:45] what we don't want. We don't need to go [1:05:48] line by line, but I think at least page [1:05:50] by page or maybe main section by [1:05:52] section. So, A, B, C, D, and just kind [1:05:55] of clear it with everybody to see if [1:05:57] there's any specific feedback because I [1:06:00] don't want to be just rattling these [1:06:01] off. I think it'd be probably more [1:06:03] efficient if we just all chimed in on [1:06:05] part A, let you take notes, chimed in on [1:06:07] part B. Is that Does that make sense? [1:06:10] Does everybody agree with that approach? [1:06:12] » Yeah. [1:06:13] » Otherwise, we could be here a lot [1:06:15] longer. [1:06:16] Yeah, we could do that or you could give [1:06:18] her individually the information, but um [1:06:20] yeah, that's that I'm okay with that. I [1:06:23] have mine explained. [1:06:25] So, [1:06:26] » I was about to send a really long email, [1:06:27] but then I was like, you know what, [1:06:28] we're going to workshop this. I'm just [1:06:29] gonna [1:06:30] » Yeah, [1:06:30] » I'm just going to fire away. [1:06:32] » But that's kind of where I was [1:06:34] suggesting. I don't know if anybody has [1:06:35] any significant changes to that [1:06:37] recommendation, but [1:06:40] » Mr. Proctor. [1:06:41] » Um well, Mr. Mayor, it it sounds like [1:06:44] you already sent an email that's kind of [1:06:46] similar to maybe what M Mr. Dean was [1:06:49] possibly considering. Um I mean it [1:06:53] sounds like it it it doesn't look to me [1:06:55] like it's ready for prime time. Um and [1:06:58] so maybe that would be just a helpful [1:07:00] next step is just to email suggestions [1:07:04] around it rather than sit here for [1:07:07] » Some time. [1:07:08] » We had a short meeting. I think we just [1:07:09] hammer through it personally so we can [1:07:12] get this I think it'll take us at least [1:07:13] an hour. [1:07:14] » Personally, if we if we start going [1:07:16] through it, I think it'll take us at [1:07:17] least an hour. So, it's it's it's the [1:07:20] council's call. It's not I I'm okay [1:07:22] either way, but I appreciate that that [1:07:24] suggestion. So, um, [1:07:26] » And I hear your I hear your suggestion, [1:07:29] but there are folks that are waiting on [1:07:31] this and I understand you're needing to [1:07:33] make it line up with zoning and so maybe [1:07:36] that means this isn't finalized till the [1:07:37] end of the year or whatever, but there [1:07:40] are people that are watching and wanting [1:07:42] these decisions to be made. And I [1:07:44] actually think it's really healthy for [1:07:45] us to sit up here and debate each point [1:07:47] and decide on it and just move it [1:07:48] forward because Paul at the end of the [1:07:50] day, she's only going to go as fast as [1:07:52] we're going to make decisions. And even [1:07:54] if we keep sending her emails, she's [1:07:55] gonna try to get consensus, but we're [1:07:57] still going to be up here at some point [1:07:58] having [1:07:58] » At some point. We're gonna have to have [1:08:00] that. [1:08:00] » We're just gonna have the debate at some [1:08:01] point. [1:08:02] » So, [1:08:03] » Yeah. But as far as tonight goes, I I [1:08:05] I'm just maybe throwing out there. If [1:08:09] there's that many comments to be made, [1:08:11] » We probably have a dozen, [1:08:12] » Right? Because I mean, I see a lot of [1:08:14] red over there. Um [1:08:16] » I think I can get through it. [1:08:17] » I'd like to hear what Miss Hamburg has [1:08:19] to say. [1:08:20] I just I kind of had a question along [1:08:22] those lines too that might relate to [1:08:24] that probably from Miss Shrock. So, one [1:08:26] comment I got was, "Oh my gosh, this is [1:08:28] almost 40 pages and we know it's [1:08:30] preliminary, but if we're going to list [1:08:31] out this much detail, it is going to be [1:08:33] long when it's finished." So, like for [1:08:35] our good neighbor policies, like with [1:08:37] our fee schedule, we reference the fee [1:08:39] schedule in the ordinance and then we [1:08:41] can make changes to that. It doesn't [1:08:43] make you have to reapprove the [1:08:44] ordinance. [1:08:46] Uh, Maria, is there M. Is there a um [1:08:50] will this just be one gigantic ordinance [1:08:52] or will there be portions of it that we [1:08:53] can reference and maybe if once the [1:08:55] rubber meets the road we can make [1:08:56] updates without touching the whole [1:08:58] ordinance again? [1:09:01] We were literally just talking about [1:09:03] that earlier today. If there are going [1:09:06] to be any type of fees [1:09:08] regarding this ordinance and if council [1:09:11] wants to put that into a fee schedule, [1:09:14] then every time that fee changes, then [1:09:17] the fee schedule would need to change. [1:09:20] The ordinance would need to change. [1:09:22] Unfortunately, there's no getting around [1:09:25] that. Uh but but I meant in ter I was [1:09:29] just kind of analogous to that. But in [1:09:31] terms of like some of these nitty-gritty [1:09:32] things about are you gonna leave your [1:09:34] porch light on, you know, all the time. [1:09:35] Are we going to allow that? Like is [1:09:37] every single detail is going to have to [1:09:39] be part of the ordinance or is there a [1:09:41] way we can reference the good neighbor [1:09:43] policies without touching the ordinance? [1:09:46] So, I'll just say this generally [1:09:48] speaking, there there's going to be an [1:09:50] opportunity in the regulations [1:09:52] themselves that could potentially [1:09:54] reference other parts of the code [1:09:56] without detailing it this. So, I'm [1:09:59] trying to think. I'm going to throw a [1:10:01] ridiculous requirement out, but if you [1:10:04] say [1:10:05] we I we say in here we talk about water [1:10:08] and trash service needing to be [1:10:10] maintained and in what level, but we do [1:10:12] have a requirement for water to be [1:10:15] turned on to residences under part of [1:10:16] the codes. Alls I'm saying is is that's [1:10:19] important, but we're going to compare it [1:10:21] to what's in the code to make sure it [1:10:22] matches. And then what we would say [1:10:24] because the short-term rental [1:10:25] regulations I think where this all [1:10:27] started was do you have short-term [1:10:29] rental regulations in your code? The [1:10:31] answer was no. It's peacemilled for this [1:10:33] will collectively bring it together. And [1:10:35] I would say that in this short-term [1:10:37] regulation section, we would say water [1:10:40] is required to be on at the residence at [1:10:42] all time per the city code. If that code [1:10:46] changes, we're not changing this code. [1:10:48] We're just changing whatever references [1:10:50] it. So there will be some reference [1:10:52] points in here. The the language is in [1:10:54] here just to make sure that there [1:10:57] doesn't need to be any changes made as [1:10:59] we're making changes to the zoning code [1:11:01] related to that. So you will see some [1:11:02] references, several of them as as a [1:11:05] matter of fact because we do have other [1:11:06] codes already in place. We just want to [1:11:08] make sure they marry up. Does that [1:11:10] answer your question? [1:11:11] » Yeah, I think so. Thank you. [1:11:13] » Welcome. I think the other really [1:11:15] important section part is um are there [1:11:18] wholesale sections that need to be [1:11:20] removed? [1:11:22] Are there wholesale sections that might [1:11:24] be missing? Um and I wouldn't anticipate [1:11:27] that you would want to word smmith every [1:11:29] section at this juncture, but ask [1:11:31] questions about, hey, what about this? [1:11:33] We need better language. Um and the [1:11:35] mayor did a great job providing like, [1:11:37] hey, wait a minute, let's talk about the [1:11:38] language related to this. And that's [1:11:40] what I'll do. I'll go back and look for [1:11:42] the language and we'll modify it out. [1:11:43] But if there are any wholesale ways in [1:11:46] which we want to re, you know, remove [1:11:47] something or this is this is way too [1:11:50] much Paulo or we don't want to have [1:11:52] gatherings or we do have want to have [1:11:54] gatherings. Uh we don't care if they [1:11:57] leave solar lights on their property, [1:12:01] you know, all the time. Take out that [1:12:03] language. Right. So, um I guess that's [1:12:06] would be my initial guidance related to [1:12:08] this phase of the project. [1:12:11] Well, I'll get us started then. Um, I [1:12:13] personally, in my opinion, just kind of [1:12:15] reading through how detailed the [1:12:16] gatherings and events section was. It [1:12:19] was like three pages and we're trying to [1:12:21] define like four different event types. [1:12:23] As I read through that, I said, great [1:12:25] example of too much red tape. I think [1:12:28] that most Airbnb, VBO, short-term [1:12:31] rentals even have policies that don't [1:12:33] allow those or most uh hosts don't allow [1:12:36] those. Anyway, what I would suggest is [1:12:39] that we focus more on total occupancy of [1:12:42] the STR [1:12:44] uh which I think you did a really love [1:12:45] really good job of defining that and I [1:12:47] actually thought that [1:12:48] » Excuse me, Mr. Dean. U there was there [1:12:50] was a suggestion that we not go through [1:12:52] the detail and I want to get a sense of [1:12:54] the council if we're going to do that or [1:12:57] if we want to send those comments to [1:13:00] Paula let her regurgitate all those [1:13:03] comments try to uh make some estimate or [1:13:07] some sense of what that might look like [1:13:09] and then come back to us then we can [1:13:11] have that discussion uh at a at a later [1:13:14] time. I'll disagree on this specific [1:13:16] item only because Paula just directed us [1:13:18] to say if there's areas you want [1:13:19] completely removed, that's what I'm [1:13:20] speaking to right now. [1:13:22] » I can also offer that [1:13:23] » Can be done in [1:13:24] » There's not a detail. It's it's a [1:13:25] wholesale of that section. I don't think [1:13:27] it's needed. [1:13:28] » Okay. I I I appreciate that. U [1:13:30] » And I can also offer [1:13:31] » Let me get a sense. [1:13:33] » Sure. And I can also offer moving [1:13:34] forward however you decide. I can also [1:13:38] um provide the um comparison. So this is [1:13:43] these were all the sections and this was [1:13:45] the language that was in the original [1:13:46] document. These are all the comments [1:13:48] that I heard. So you understand why [1:13:51] document has also changed. So there'd be [1:13:52] a comparison. So you may send 15 [1:13:55] comments, mayor might send 20. You might [1:13:58] not know what those comments are and I I [1:14:00] will keep up with a comparison so you [1:14:01] know where they're coming from moving [1:14:03] forward. So if something's lost and and [1:14:06] we change the language and the rest of [1:14:07] the council says, "Wait a minute, we [1:14:09] want that back." At least you'll know [1:14:10] what that is. So, [1:14:10] » Yeah, I don't I don't personally like [1:14:12] that because I think we're going to get [1:14:14] to a point where we're just straight up [1:14:15] debating and I'd rather get the [1:14:17] wholesale changes agreed to, at least [1:14:18] the big changes agreed to, uh, sooner [1:14:21] rather than later instead of sending [1:14:23] individual emails and then trying to [1:14:25] track what was removed and what wasn't. [1:14:27] » Okay, so let's get a sense of the [1:14:29] council. Do what do we want to do [1:14:31] tonight? Do we want to go through this [1:14:33] now section by section or do we want to [1:14:35] send the email to Paula, let her [1:14:38] regurgitate all those emails, try to [1:14:40] come back with a different with an [1:14:42] updated document and you know just I [1:14:44] just need to know what the sense of the [1:14:46] council is before we spend a lot of time [1:14:47] on it. [1:14:48] » I'm prepared for discussion. That's [1:14:49] what's on [1:14:50] » I understand I understand your point. [1:14:52] Okay, [1:14:53] » Let's hear from the other council [1:14:54] members. [1:14:55] » I I think we should go through it. I [1:14:56] think it's important that we do this in [1:14:58] open meeting when we can all talk about [1:15:00] it [1:15:01] » And I think our citizens care about [1:15:03] this. They want to know we're discussing [1:15:05] it and they want to hear this [1:15:06] discussion. [1:15:07] » Okay. [1:15:07] » I think we should go through it right [1:15:09] now even though it may take an hour. [1:15:11] » Okay, Miss Amber. [1:15:13] » This is not a rubber stamping kind of [1:15:16] council. We're we're going to duke it [1:15:17] out at some point. I suppose now might [1:15:19] as well it may be not every line by item [1:15:21] but like you said if it's like consensus [1:15:23] is hey let's ask this then we can know [1:15:26] that now and continue to refine it [1:15:29] » Mr. David [1:15:31] » I was fine with the email version [1:15:33] » But uh sounds like we're I'm outvoted [1:15:36] that's fine we we can go through it [1:15:38] » Mr. [1:15:39] Um, my sense of it is it sounds like [1:15:41] there's enough big things that would an [1:15:44] email would cut our debate time down [1:15:46] significantly if we could get those [1:15:48] resolved. [1:15:49] » Um, and so maybe have a better starting [1:15:51] point because Paul has already kind of [1:15:54] » Said, "Hey, there's some stuff in here [1:15:55] that it's going to change." [1:15:57] » Um, so that that would be my suggestion. [1:16:00] Of course, we're going to talk about it [1:16:01] in depth. I just, you know, if it's, you [1:16:04] know, 45 minutes versus a I don't think [1:16:05] it'll stop at an hour. I I I think it'll [1:16:08] take longer than that. But [1:16:09] » Yeah, I [1:16:09] » I would suggest too that this isn't the [1:16:11] last draft. We're going to see a couple [1:16:13] more drafts. So, uh if we can get some [1:16:15] of the heavy lifting done tonight, at [1:16:17] least some of the really obvious things [1:16:18] we can agree on, the next draft will be [1:16:20] a little bit cleaner. The next draft [1:16:21] will be a little cleaner. [1:16:22] » All right. So, the consensus is more of [1:16:25] like a three to two, but so we'll we'll [1:16:27] go we'll go through it. Um let's so [1:16:30] continue on with your uh your statement, [1:16:33] Mr. Dean. [1:16:34] » Thank Thank you, Mr. Mayor. So that I [1:16:36] was just going to start with the the one [1:16:37] that was kind of most obvious to me just [1:16:40] to wholesale remove that section and and [1:16:43] I'll I'll try to remember how I started [1:16:44] that. But essentially I read through the [1:16:46] gatherings and events. Um and there's [1:16:48] like three pages here and I get it [1:16:50] right. There's lots there's lots of [1:16:51] cities that decide to be very very [1:16:53] prescriptive. [1:16:53] » Can you be specific as to what section [1:16:55] you're referencing? [1:16:56] » Sorry. So if you're following along or [1:16:58] if you've took notes, it's section V as [1:17:00] in V as in Baker. [1:17:01] » V as in Victor. [1:17:02] » V as in Victor started on page 17. [1:17:06] So, gatherings and events. After reading [1:17:08] through it, I just thought this is a [1:17:10] great example of over complicating it, [1:17:12] and I know other cities do that, and [1:17:13] we're not one that tends to do that. My [1:17:16] initial gut reaction to it was most of [1:17:18] these, and I've, you know, most of us [1:17:20] have probably used a short-term rental, [1:17:22] and a lot of them, the host has a [1:17:24] policy, no gatherings, no parties, all [1:17:25] that stuff's usually a part of your [1:17:27] contract with the host. So, it's kind of [1:17:29] a best practice anyway. But where I go [1:17:32] with this is if we're going to have a [1:17:33] short-term rental regulation and Paula, [1:17:36] you did a great job. I was trying to [1:17:37] commend you when we got stopped. I [1:17:40] thought the the the section where you [1:17:42] did talk about occupancy and numbers [1:17:44] for, you know, defining a bedroom, [1:17:45] numbers per bedroom was really well laid [1:17:47] out. And I don't know the numbers are [1:17:49] exactly where we'll be, but the [1:17:50] structure is really good. I tend to [1:17:53] think that we can simplify this by [1:17:55] saying no gatherings and that you have [1:17:57] to meet the occupancy requirement. I [1:17:59] think there was a couple of different [1:18:00] deviations to that. There was a [1:18:02] nighttime occupancy or an overnight [1:18:04] occupancy and then there was I think a [1:18:06] reference to like daytime allowing for [1:18:09] guests like additional people. I I would [1:18:12] tend to think we just go get rid of a [1:18:14] gatherings provision altogether and just [1:18:16] say you have to meet these these [1:18:18] specific occupancy requirements. And um [1:18:22] so that's kind of my thought just on [1:18:23] gatherings. I've got some other thoughts [1:18:25] on parking that's kind of related but [1:18:26] it's a different section. So, I'll stop [1:18:28] there, but that's my two cents. [1:18:33] » Okay. So, we're looking at section V as [1:18:35] in Victor and talking about gatherings. [1:18:38] Uh my only two comments on this were [1:18:41] that paragraph 4D uh says where's the [1:18:45] where is the permit defined? Because I [1:18:47] didn't see that, which is somewhat of a [1:18:50] a trivia type thing, but needs to be [1:18:51] looked at. And then this paragraph [1:18:54] seven, the permits require a lot more [1:18:55] than seven days from application to [1:18:57] event date and we need to say how far in [1:18:59] advance those applications need to be [1:19:01] made. Those are my only comments about [1:19:03] section B. But are there other have [1:19:06] comments? [1:19:07] » Mr. Mayor, [1:19:09] » Uh I [1:19:11] partially agree with Mr. Dean. Um I I [1:19:15] think section V we could wholesale [1:19:18] delete. Um we is uh my my note was is [1:19:22] this section even necessary? We cover [1:19:24] parking, we cover noise in other [1:19:27] sections. Um occupancy is part of it, [1:19:31] but as long as parking and noise are [1:19:33] covered, do people care about occupancy [1:19:36] park? They they care that they can still [1:19:38] get to their home. They care that they [1:19:40] can enjoy their own space. If parking [1:19:42] and noise are covered, why do we care [1:19:45] about gatherings? I I would be a [1:19:48] proponent of just deleting or very very [1:19:52] making this a tiny section. Um just [1:19:55] maybe a paragraph if that. [1:20:02] » Any other comments on this section? [1:20:06] » And if not we'll [1:20:07] » One more. [1:20:08] » Okay. Um [1:20:11] the later portion of the gatherings and [1:20:15] events seem to be more geared toward [1:20:19] um like almost using an STR as a venue [1:20:24] space. [1:20:25] » Does this really fall under STRs? [1:20:28] Having a venue like if I'm thinking I [1:20:31] have a 5 acre property that I want to [1:20:33] lease out to somebody holding a wedding. [1:20:36] Does this really fall under our STR? [1:20:40] ordinance. [1:20:42] » It does now. [1:20:44] » Okay. [1:20:45] » I put it in [1:20:46] » Stays here. [1:20:47] » I I put it in, but I can look um [1:20:52] let me let me ponder that just a little [1:20:54] bit because there is a use issue related [1:20:57] to properties about how the property can [1:21:00] be used. And so if they're temporarily [1:21:03] um renting it, does the city want to [1:21:06] allow, you know, 500 guests for a [1:21:09] backyard wedding because they can put [1:21:12] 500 chairs in the backyard? But it goes [1:21:14] back to what you said are related to [1:21:15] parking is another issue that they're [1:21:17] going to have to face. And then um uh [1:21:21] noise, but can they get an what you're [1:21:24] really asking is can they get an event [1:21:26] permit at a residence? So, I'll look at [1:21:29] that section of the code just to clarify [1:21:31] what that language might say. [1:21:32] » Sure. [1:21:33] » Thank you. [1:21:33] » So, [1:21:34] » Yeah, just a good thought. I mean, [1:21:36] because the venue portion, I was reading [1:21:38] through that. I was like, does this [1:21:38] apply? But maybe this section just kind [1:21:41] of spitballing a little bit is limited [1:21:44] in the fact that it's very specific to [1:21:47] large events that would exceed the [1:21:51] capacity or whatever. And the reason why [1:21:53] I was going to bring up parking is it is [1:21:55] it is related. It is. And I think [1:21:57] occupants and parking are really [1:21:58] related. But maybe this is a section, [1:22:00] but it's not allowed unless it's an [1:22:03] event that's permitted, a venue, you [1:22:05] know, a venue that's permitted. And [1:22:06] maybe it's an additional step. Like it's [1:22:09] not it's under the STR, but maybe it's a [1:22:11] a separate type of process. But I do [1:22:14] agree, Paula, there are lots of event [1:22:17] venues and STRs that kind of go combo, [1:22:19] right? Like you can rent the house and [1:22:21] they've got a bar. And I've seen that. [1:22:22] That's the thing. I don't know that we [1:22:24] have that in Bair. We may um I also [1:22:27] would say we can add to this code if we [1:22:30] start seeing issues. If we have a case [1:22:32] by case that we keep seeing okay we need [1:22:34] to we need to amend the code. So we [1:22:36] don't have to get this 100% perfect. Um [1:22:40] but [1:22:40] » Sure [1:22:41] » I could see maybe having a small blurb [1:22:43] covering a more of a venue setup. [1:22:45] » Yes. [1:22:48] » Any other discussion on section V? [1:22:52] Mr. Parker? Yeah, I I I second the [1:22:55] practical approach of if parking's [1:22:58] addressed and there's some other things [1:22:59] like, you know, do we need to find more [1:23:02] things to try to pick apart? [1:23:06] » Yeah, I I think the spirit of that that [1:23:08] comment is is I think I agree with it, [1:23:12] too. I think that it's probably [1:23:14] overkill. [1:23:16] So, [1:23:17] » Want to move on to another item? It [1:23:19] sounds like gatherings is maybe shot uh [1:23:21] t parking requirements. My my general [1:23:24] thought when I read through this was a [1:23:25] little bit I did start thinking about [1:23:28] size of house capacity. I did like how [1:23:30] in the occupancy piece which is a again [1:23:33] these are kind of related so I'll [1:23:34] probably talk both a little bit. It [1:23:36] seems to me that, you know, if you think [1:23:38] through a normal home, you know, four or [1:23:41] five bedrooms in Bair and if you have, [1:23:44] you know, the two occupancy and um you [1:23:47] have the extra two or three guests, [1:23:49] whatever you decide, whatever we decide [1:23:50] there, your average home is going to [1:23:52] have between 12 and maybe 15 people that [1:23:55] are permitted to be there overnight. And [1:23:58] I think there was a suggestion in this [1:24:00] code that there is a offsite or I'm [1:24:03] sorry off-site off streetet parking [1:24:05] requirement per bedroom. So I mean in [1:24:08] most cases a five you know even if you [1:24:10] get a sixbedroom you've got a two or [1:24:12] three car garage. You've got probably a [1:24:15] driveway that can hold three or four [1:24:16] cars. Now is it inconvenient for the [1:24:18] short-term rental person that has to [1:24:20] move cars around? Yeah. But it's not [1:24:22] inconvenient for the neighbor that [1:24:24] doesn't get blocked by the person that's [1:24:25] renting it. So, there's a little bit of [1:24:27] that that goes on, but just parking in [1:24:29] general. I don't really like the idea of [1:24:32] being super prescriptive and requiring a [1:24:34] parking plan and going just over [1:24:36] government on this. I feel like [1:24:38] occupancy and parking are pretty tied. [1:24:41] And I think if you set that at a a [1:24:43] number and you say STR of this size has [1:24:47] to provide off-site off streetet parking [1:24:50] and then only their guests, right? You [1:24:52] can't legally keep people from parking [1:24:54] on the street, right? there's going to [1:24:55] be a situation that occurs where there [1:24:58] are guests that come over and there are [1:25:00] going to be a few people that park on [1:25:01] the street legally. Now, if they're [1:25:03] legally parked, that's a different [1:25:04] thing. But legally parked on the street, [1:25:07] I think you're going to have some of [1:25:08] that. But if you mitigate the size of [1:25:11] the occupancy, it's not 20 or 30 people [1:25:13] staying at this place or having a party, [1:25:16] a massive party. I think a lot of your [1:25:18] parking issues [1:25:21] tend to minimize quite a bit and might [1:25:23] not cover 100% of your cases, but [1:25:25] probably 90% are going to resolve just [1:25:27] based on that. So, with that in mind, in [1:25:30] the spirit of that and simplifying, I [1:25:32] think the parking requirement section [1:25:34] should stay, but I think it should be [1:25:36] referred or referenced back to occupancy [1:25:38] and let's just come up with a number [1:25:40] that we feel like maybe covers most [1:25:42] cases and try to just set that up so [1:25:44] it's very clear. And I think that'll [1:25:47] mitigate a lot of problems. It's not [1:25:49] going to solve every problem, but you [1:25:52] can't keep people from parking on the [1:25:53] street. Like it's a public the public [1:25:55] street will be parked by people that [1:25:56] want to park there. So, we're not going [1:25:58] to do that by this STR code, but we [1:26:00] could probably do better than what has [1:26:03] been happening. So, that's just just my [1:26:05] general thought on uh section T parking [1:26:08] requirements. [1:26:10] » Yeah. So, I I somewhat disagree with [1:26:13] that. Um, I know when we've looked at [1:26:16] special use permits before, we've put in [1:26:19] places for parking uh plans. And [1:26:24] unfortunately, this is one of those [1:26:26] uncontrollables. Uh, you can say, okay, [1:26:28] you have to have one parking spot for [1:26:31] every two occupants or something like [1:26:33] that. You can make some arbitrary thing [1:26:35] like that in in your code. um or some [1:26:38] rule like that in your code, but [1:26:41] every situation is going to be a little [1:26:42] bit different and I don't think we can [1:26:46] outguess that in the code. And so I [1:26:49] think a better way of doing it is just [1:26:52] give us a parking plan. What is that [1:26:54] plan? Uh because each house can have a [1:26:58] different configuration. Some will have [1:27:00] a threecar garage, some will have a [1:27:02] two-car garage. you know, they'll have [1:27:04] different all kinds of different [1:27:05] configurations and we can't second guess [1:27:08] that in code. That's just not going to [1:27:10] happen. So that's I so I think it was [1:27:14] appropriate to have it in here. That's [1:27:16] just my two cents. [1:27:20] » I Mr. [1:27:21] » I also agree with the parking plan idea. [1:27:24] Um, I've been I've stayed at a [1:27:26] short-term rental where um not only was [1:27:29] there a parking plan, but it was shared [1:27:31] with me, the renter, and and it was a [1:27:35] map of the property and said, "Hey, [1:27:37] here's where you're allowed to park. [1:27:39] Park in these places." Um, and that was [1:27:42] great. I knew exactly where I could and [1:27:45] could not put my car. Um, so I I think [1:27:49] the parking plan's a great idea. It's [1:27:51] helpful for guests and it'll be helpful [1:27:54] to all the neighbors because [1:27:57] guests will likely comply with that. Um, [1:28:00] and so the neighbors will see that [1:28:02] guests always park in these designated [1:28:05] spots that are fine to park in. [1:28:12] » Mr. Mayor, [1:28:13] » Mr. Hamburg, [1:28:15] » Just thinking about the bigger picture. [1:28:18] You can't you don't have a crystal ball, [1:28:20] but we have to think about your your [1:28:22] time and staff time and going through [1:28:24] all this. Do you have a sense of how [1:28:26] many short-term rentals are currently in [1:28:29] Bair and like how many uh permits you're [1:28:32] going to have to get through in 60 days? [1:28:34] » Um I'm aware of 15 currently operating. [1:28:40] And believe it or not, in the last [1:28:43] couple months, I've gotten six [1:28:45] additional calls from people who are [1:28:47] wanting to buy properties and turn them [1:28:48] in STRs. And I keep telling them we're [1:28:51] writing regulations that if they I had a [1:28:53] call person call me yesterday said [1:28:56] there's a house uh and we're thinking [1:28:58] about buying it. We want to know what [1:28:59] the possibility is. And I was just [1:29:01] honest. We're not looking at banning [1:29:03] them. However, they will have [1:29:05] restrictions. Um, and so you proceed at [1:29:09] your own [1:29:10] your own risk at this point, but because [1:29:13] in lie of that, you have to have a you [1:29:15] have to have a special use permit right [1:29:16] now. So I I don't know that I think they [1:29:19] were going to buy it and sit on it until [1:29:21] we decided what we were going to do and [1:29:22] meet the requirements because I did [1:29:24] share with them that there's likely that [1:29:25] we'll have density requirements in [1:29:27] neighborhoods. Is that do you think that [1:29:29] it's um just the market and they're [1:29:32] thinking about buying it or is there a [1:29:33] scramble in here to try to become an [1:29:35] established STR and get grandfathered [1:29:38] in? [1:29:39] » Probably more like they're just they [1:29:41] were thinking about buying it up here [1:29:42] and we're curious. Gotcha. [1:29:45] » Or as maybe an existing STR [1:29:48] » That I don't know about. Correct. [1:29:51] » Yep. That's probably true. The only way [1:29:53] to publicly know is to get on to the [1:29:55] public sites that advertise. Anything [1:29:58] short of that, they could be operating [1:30:00] by word of mouth, by other means. So, [1:30:02] there could be more. I have no idea, but [1:30:04] we have at least 15 now and wanting to [1:30:07] grow. [1:30:09] » Okay. So, any other discussions [1:30:11] regarding section T as in the top? [1:30:14] » One other thought I'll make, and I do [1:30:16] agree. I like the idea of um the guests [1:30:20] knowing about the parking requirements, [1:30:21] whether it's an official parking plan. I [1:30:23] don't tend to like that idea. I think [1:30:25] I'd like it to somehow be communicated [1:30:28] to them through the good neighbor policy [1:30:30] that's required instead of having a [1:30:32] specific parking plan. Just have this is [1:30:34] how many spots they have to all be off [1:30:36] street like and be very strict with that [1:30:39] so that there isn't [1:30:41] a ton of issues with the neighbors being [1:30:44] inconvenienced. Uh because that does [1:30:46] tend to happen. It that even honestly [1:30:47] that even happens just in a regular [1:30:50] house, not a short-term rental. People [1:30:52] will try to be more convenient for them [1:30:54] even if it makes it more inconvenient [1:30:55] for somebody else. They'll park in a [1:30:57] spot that just makes it harder. So, but [1:31:00] again, on a legal street, legal parked, [1:31:02] can't really do much about it. I don't [1:31:04] even know if a parking plan would fix [1:31:05] that because anybody that comes that [1:31:07] house could legally park on a street [1:31:09] legally around it. Um I don't know that [1:31:11] that solves our problem just having a [1:31:13] parking plan. But I do understand, you [1:31:16] know, how maybe making it clearer to the [1:31:19] host and the the guests where the [1:31:22] parking is [1:31:24] available. [1:31:26] Be good. [1:31:32] All right. Any other comments on section [1:31:35] T? [1:31:38] And if not, are there other sections [1:31:39] that you had outlined, Mr. Dean, that [1:31:42] you wanted to talk about? So, I had one [1:31:44] other section that I could just [1:31:46] wholesale get rid of in my opinion. I [1:31:49] don't know who who will agree with me or [1:31:50] not, but uh you unique structures. I [1:31:53] kind of read through this and yeah, it [1:31:55] sounds really nice and I'm sure there's [1:31:56] lots of parts of the country, you know, [1:31:58] like in Colorado up in the mountains and [1:32:00] all these other places where it might [1:32:01] make sense, but this strikes me as a [1:32:04] section that's not needed. and if we had [1:32:06] a person that was interested in doing [1:32:08] something very unique, um, you know, [1:32:11] they could come to us and we could [1:32:13] consider it and maybe we could consider [1:32:14] amending our policy. It doesn't feel [1:32:16] like this is going to play a lot into [1:32:18] our STR regulations, at least at this [1:32:20] point. So, I'd be good with just [1:32:22] removing it um, in its entirety. U, [1:32:25] unique structures is the section page [1:32:28] 16. [1:32:31] Anyone else have any comments about [1:32:33] section U unique structures? [1:32:37] » Is there a way we can just make it a [1:32:40] special permit within the STR? [1:32:44] » It would be by its very nature an a [1:32:48] special use no matter what if we didn't [1:32:51] include it as a consideration in the [1:32:54] STRS. [1:32:55] But we had we had, you know, we had lots [1:32:58] of discussion about this coming up [1:32:59] because in another city they used a [1:33:02] covered wagon on their property, [1:33:03] » Right? [1:33:04] » And they we've had others where they've [1:33:06] brought an airstream in because it fits [1:33:08] on the property. And so that was why it [1:33:11] got included. Um I don't I can't [1:33:14] predict, but as we've said before, [1:33:16] people are very creative and if they [1:33:19] want to earn an income related to an [1:33:21] STR, this might be a way to do that. So, [1:33:25] um, but if they came to me with even [1:33:28] without a a regulations, the short-term [1:33:31] rental regulations written, it would be [1:33:33] a special use permit uh case that would [1:33:36] go through the normal process. [1:33:38] » Okay. [1:33:41] » Then then if I'm understanding that [1:33:42] correct, I think I agree with Council [1:33:43] Member Dean. We can just deal with it [1:33:45] that way and not enumerate it here, I [1:33:47] guess. [1:33:50] » Okay. [1:33:51] That would be would that then become a [1:33:53] reference to the part of the code? [1:33:57] » It wouldn't be included in the [1:33:58] short-term rentals. They would have to [1:34:00] come to the city in general and say, [1:34:02] "Hey, I want to put an airirstream on my [1:34:04] property and turn it into an STR." And I [1:34:06] would say, "You need to file a special [1:34:07] use case and it would follow proper [1:34:08] channels." [1:34:09] » Okay. Very good. All right. [1:34:13] » Mr. Dean, did you have any other [1:34:15] sections you wanted to discuss? [1:34:18] So, I'm trying to kind of consolidate [1:34:20] them into the maybe the ones that um are [1:34:22] bigger chunks. There are there is a [1:34:24] little bit of word smithing. I'm not [1:34:25] going to get into that. Uh the other [1:34:27] thing I noticed, [1:34:30] sorry, I was trying to mark that off. Um [1:34:34] under the limited home rental exemption, [1:34:37] um that's item G, page six. I read [1:34:40] through that and I remember having this [1:34:41] discussion and I I actually originally [1:34:43] was like, "No, I don't really want that [1:34:45] exception or whatever." But as I read [1:34:46] through it and as I thought about it and [1:34:48] did some research and also as folks [1:34:50] reached out to me about some of their um [1:34:53] interests in our what we're doing here [1:34:57] uh to learn more about it. Um, it feels [1:35:00] to me like some folks, you know, [1:35:01] obviously as they're retired on fixed in [1:35:04] income, may travel more, uh, may not [1:35:07] want to set up a full-fledged short-term [1:35:09] rental for operation all the time, but [1:35:11] may take a long vacation for a month or [1:35:14] may winter in Phoenix and maybe, you [1:35:16] know, a dozen weekends of the year their [1:35:18] homes available. And as I thought [1:35:20] through that, I looked at 14 calendar [1:35:21] days and like that doesn't really seem [1:35:23] to me like a great way to help reduce [1:35:25] the impact of their property rights and [1:35:27] balance it with the others. Just in the [1:35:29] kind of [1:35:31] um kind of thinking in that line of uh [1:35:34] thinking, I was thinking, you know, [1:35:36] maybe we should have this exemption. So, [1:35:38] I'm actually um thinking maybe 14 days [1:35:40] isn't enough and maybe it's something [1:35:41] like 30 days just to try to give people [1:35:44] a more of a chance to as they're retired [1:35:47] or fixed income to earn some additional [1:35:49] income while they're traveling. I know a [1:35:50] lot of people like doing that and I [1:35:53] think simplifying it for that use case [1:35:57] uh makes a lot of sense to me. It seemed [1:35:59] like you had a requirement for a simple [1:36:00] registration form. So, it's not like the [1:36:02] city wouldn't know about it if they knew [1:36:04] about it at least, but it wouldn't be as [1:36:06] um rigorous. It wouldn't require the [1:36:09] business license or the permitting. It [1:36:10] would be a little bit more streamlined [1:36:12] for those folks that may use it. You [1:36:14] know, um 30 days is kind of my [1:36:16] recommendation. I I think 30 days sounds [1:36:18] like a fair number. Um so, that was kind [1:36:20] of one major suggestion I had was to [1:36:22] keep it and to increase the days to 30 [1:36:25] uh days per year. [1:36:30] » Mr. Mayor, [1:36:31] » Mr. D great, Mr. David. [1:36:34] » So, maybe I'm missing it, but whether it [1:36:36] was 14 days or 30 days, the problems [1:36:39] from the from the short-term rentals [1:36:41] that we're trying to address here would [1:36:43] still exist, no matter the intent of the [1:36:46] owner or the the reason they're renting [1:36:49] it. Correct. [1:36:49] » The parking and all that would still [1:36:51] exist. And you'd still want all those [1:36:54] restrictions, wouldn't you? There's [1:36:55] still, if you read that full section, [1:36:57] Greg, in its entirety, it still says to [1:36:59] qualify for the exemption, um, you must [1:37:01] follow these, um, items. Um, so they're [1:37:05] still required to follow all of those. [1:37:08] It's just a little more simple for them [1:37:10] to get to get going because they're not [1:37:12] going to be running it as a full [1:37:13] business. Um, so that's why I'm in [1:37:16] support of this exemption because they [1:37:17] still have to require like all those [1:37:19] items there. The property is is is the [1:37:21] owner's primary residence. um no more [1:37:24] than one booking at a time. All rentals [1:37:25] comply with noise parking occupancy [1:37:27] nuance nuisance regulations. The [1:37:29] property owner provides notice to the [1:37:30] city prior to the first rental. Um I'm [1:37:33] comfortable with the limited use nature [1:37:36] of a person that may leave for a month [1:37:38] at a time or you know for the winter um [1:37:42] if they have to follow those same deals [1:37:44] to making it a little easier for those [1:37:46] folks because the startup I mean most [1:37:48] people probably wouldn't do that. um [1:37:50] they wouldn't set up a STR for 14 days, [1:37:53] right? Um and there's a reason for that [1:37:55] because it would cost you cost them [1:37:57] money to set it up and all that, but I'm [1:37:59] not wanting to take away the requirement [1:38:01] that they still need to be a good [1:38:02] neighbor. They still need to follow [1:38:03] these requirements and if they don't, [1:38:05] they can still lose that, you know, [1:38:08] ability. Uh but I do like the idea of [1:38:10] allowing that to be um available for [1:38:13] folks that want to do. I don't know if [1:38:15] everybody will will do that, but it it [1:38:17] seems like it would make sense for some [1:38:19] folks um to have that opportunity to do [1:38:22] it. And you know, one of the questions I [1:38:25] had on it, Paula, though, was is how [1:38:27] does it fit in with um the density and [1:38:31] spacing and I assume all those same [1:38:33] things will still apply, but I I was [1:38:35] going to verify that. That was one of [1:38:36] the notes questions I had. [1:38:37] » This is one of the more difficult [1:38:39] sections. Um, and it's in here because [1:38:41] we had a little bit of uh conversation, [1:38:44] quite a bit of conversation about it. In [1:38:46] the first place, if somebody's gone for [1:38:48] the winter, [1:38:48] » Right? [1:38:49] » They're likely going to rent it to [1:38:51] somebody the entire winter [1:38:53] » Potentially. [1:38:54] » Potentially, it could be three, four, [1:38:55] five months, right? [1:38:56] » At that point, they are a short-term [1:38:58] rental. They would they would have [1:39:00] » Be outside a short [1:39:01] » If they're gone for no more than 30 [1:39:04] days, which would be one weekend a [1:39:06] month. Let's just say they want to rent [1:39:08] out their house for one weekend a month. [1:39:11] They just can't do it on a public [1:39:14] advertising site be because the STR [1:39:17] allows you to do it up to, you know, [1:39:18] it's less than 28 days a month, but this [1:39:20] is 30 days a year, [1:39:21] » Right? [1:39:22] » Um it it's highly likely we would never [1:39:24] know if they didn't do it on one of the [1:39:27] public sites, right? [1:39:29] » They had a family member that came and [1:39:32] rented the house for them or whatever. [1:39:33] So, this is in case we [1:39:37] uh have somebody call in, a neighbor or [1:39:39] a budding property owner or somebody [1:39:41] saying, "Hey, they're renting that [1:39:42] property out." We're asking them to [1:39:44] register and just tell us that they're [1:39:45] going to utilize their property because [1:39:47] they already know in advance that they [1:39:48] are going to be gone one month every [1:39:50] year to Arizona to play golf. Um, but [1:39:55] whether they do that is a big question [1:39:57] mark. And how often they do that is [1:40:00] another big question mark. This is an [1:40:02] enforcable issue, [1:40:04] » Right? [1:40:05] » And we will only be able to enforce or [1:40:06] change it if we know about it. But it's [1:40:09] in there as part of a protection to say [1:40:11] if you're going to do this long term, [1:40:13] you're going to probably meet the [1:40:14] standards of an STR and not just I'm [1:40:17] leaving for five months and I'm renting [1:40:18] this out. Now, there's nothing that [1:40:20] prevents them from a long-term rental [1:40:23] because that's not part of this because [1:40:24] it's designed to be short-term rental. [1:40:26] But if they are going to do a short [1:40:27] short period of time, we put it in [1:40:29] there. [1:40:30] » Yep. No, and I agree with it. I mean, I [1:40:32] think that I was suggesting more days [1:40:33] because I I could see somebody taking a [1:40:35] four-week, you know, up to a four-week [1:40:37] vacation and maybe having it available [1:40:38] for that whole time for a short rental, [1:40:40] » Whether it's continuous or whether it's [1:40:42] just parts of that month that they're [1:40:44] gone. And I also could see people that [1:40:46] winter, [1:40:47] » Maybe their house is available and maybe [1:40:48] they didn't get it rented, but there [1:40:50] are, you know, key weekends that [1:40:52] » Sure [1:40:52] » Are able to get booked up and it's not [1:40:54] continuous, but it can't be over a total [1:40:56] of 30 days in the year. So, but I I was [1:41:00] kind of curious though, and I don't know [1:41:01] that you answered it, they still meet [1:41:03] all the requirements. So, say we had um [1:41:06] three, you know, permitted short-term [1:41:10] rentals. If they called up and said, I [1:41:12] want to do this application and you had [1:41:14] three short-term rentals within the [1:41:16] density, it I assume that that form that [1:41:19] application form would be denied or [1:41:22] would it? [1:41:23] » Uh that's a great question to [1:41:24] operationalize it. It would assume I [1:41:26] would assume that because of the [1:41:27] shortness and it because it doesn't [1:41:29] truly fit the definition of the [1:41:30] short-term rental that we would not deny [1:41:33] it from a density perspective, [1:41:35] » But we could deny it. That's a that's a [1:41:38] detail that probably we'll have to come [1:41:40] back for you to [1:41:42] » To weigh in on. [1:41:46] » Any other comments on section G, [1:41:50] limited home rental exemption? [1:41:57] hearing none. Is that all the sections [1:41:59] that you had comments on, Mr. Dean? [1:42:03] » Let's see. I think those are the major [1:42:05] ones. [1:42:06] » Okay. [1:42:07] » Uh the other other item I had u Paula um [1:42:10] and this is probably open for [1:42:11] discussion. And maybe people know under [1:42:14] um section I the separation and density [1:42:17] requirements [1:42:19] um [1:42:22] number two under that item two the [1:42:24] number of short-term rentals with a [1:42:26] defined block of subdivision shall not [1:42:27] exceed 10%. Um just curious where you [1:42:31] got that number and kind of how that in [1:42:34] your mind how that would work. So [1:42:36] density traditionally the two methods in [1:42:39] which you can control that or define it [1:42:42] is either a percentage of um it on a [1:42:46] percentage basis um or [1:42:50] distance. You can define a distance. [1:42:52] » Sure. [1:42:53] » So if you think 250 ft right that might [1:42:56] be only [1:42:59] three houses away. So every third house [1:43:02] or every fourth house in your [1:43:03] neighborhood could be that [1:43:05] » Or you can we put the language in here [1:43:08] is that within a defined block of a [1:43:12] subdivision shall not exceed. Now it [1:43:14] could be the subdivision. So if you [1:43:16] think about a subdivision here or an [1:43:17] addition how it's platted it could have [1:43:19] 50 homes in that addition. So in that [1:43:23] addition they couldn't have any more [1:43:24] than five [1:43:26] » S strs up to five or it could be [1:43:29] distance. So, as a starting point, we [1:43:32] talked about the percentage piece. [1:43:35] Although percentage is a little bit more [1:43:36] difficult sometimes to calculate. Um, I [1:43:39] think the mayor pointed out that if [1:43:40] there's only three homes in that area [1:43:43] within that distance, [1:43:45] » It's Yeah. [1:43:47] » Now, I don't I don't disagree with [1:43:48] » It's either distance or percentage. I [1:43:50] don't disagree with the concept of a [1:43:52] percentage, but I do, you know, just [1:43:54] thinking through, you know, a neighbor [1:43:55] that may have one next to them and then [1:43:57] all of a sudden they've got two or [1:43:58] three, but they are inside the [1:43:59] percentage. I think that a a twoprong [1:44:03] approach to that makes a lot of sense to [1:44:05] me because it would avoid [1:44:08] going over a total percentage and it [1:44:10] would also avoid three or four being [1:44:11] right next to each other, right next to [1:44:13] a person that really doesn't really [1:44:15] doesn't like that. Um, and again, like [1:44:17] that's just kind of a concept in my mind [1:44:19] that I've and I don't know what the [1:44:20] right number is. The 200 feet seems, you [1:44:22] know, like you said, that's probably a [1:44:23] couple at least a couple homes in most [1:44:25] neighborhoods. Um, I don't know if [1:44:27] that's the right number, but I do like [1:44:28] the two-prong approach to it. Um, it is [1:44:32] kind of wild thinking about it, though. [1:44:33] I mean, in in our neighborhood, 140 [1:44:36] homes could have up to 14. Uh, will we [1:44:39] ever see that? Probably not. But that's [1:44:41] a lot. That's a that's a big number. um [1:44:44] in the neighborhood I live in. So, I'm [1:44:46] just trying to visualize how many there [1:44:48] actually would be, what the density [1:44:50] would feel like and all that stuff as we [1:44:52] think through that. But, I like the [1:44:53] two-prongong approach because I think it [1:44:54] solves some of that [1:44:55] » Related to the percentage and the [1:44:57] separation by distance. Okay. Yep. [1:44:59] » And you're recommending at least to [1:45:01] start a 250 [1:45:03] » Distance. I don't mind the 200 feet. I [1:45:05] think you put in I think item seven or [1:45:08] number seven item C in that same section [1:45:10] has [1:45:11] » If multiple applications are received [1:45:13] for locations within 200 feet than the [1:45:15] first application received. So that's [1:45:17] kind of minimizing how often they can be [1:45:20] I I don't know that 200 sounds fine to [1:45:22] me. I don't know if anybody has an [1:45:23] opinion, but uh I just wanted to state I [1:45:26] like the two-prong approach because I [1:45:27] could see that solving, you know, too [1:45:29] many of them getting right next to each [1:45:30] other, but still being under, you know, [1:45:33] a total total density cap that you're [1:45:35] » I think the distance is a good is a good [1:45:37] measure, but I don't know what the right [1:45:39] distance is. [1:45:40] » I don't know either. [1:45:41] » I think what I'll do the next tight [1:45:43] » I think what I'll do is [1:45:44] » Some neighborhoods that might be too [1:45:45] far. take your I'll just take your [1:45:46] neighborhood since you mentioned it and [1:45:48] look and see what 250 ft distance [1:45:50] » Because it's a typical lot size [1:45:52] neighborhood. Okay. [1:45:54] » Yeah, it's tough. I mean cuz some [1:45:56] depending on the lot size that could [1:45:58] between you it could matter. [1:46:00] » Yeah, your your lot covers 500 feet, [1:46:02] doesn't it, Tyler? [1:46:03] » Mine's mine. So that's the thing. Mine [1:46:05] personally, which I'm not I'm not really [1:46:07] thinking about using my home as a STR, [1:46:09] but it's 300 feet on the frontage and [1:46:11] it's like less than 200 on the back. [1:46:14] Yeah. [1:46:14] » So, I mean, obviously it depends on how [1:46:15] you measure it right in the individual [1:46:17] property pin [1:46:19] » Where where it would come from. If it's [1:46:20] the front, if it's the back, if it's the [1:46:22] side, [1:46:23] » It's the distance between you and the [1:46:25] neighbor next door. So, it wouldn't be [1:46:26] front or back. It would necessar it [1:46:28] might like be calculated side by side, [1:46:30] but [1:46:30] » Right. [1:46:30] » We'll let you come up. [1:46:32] » No, I'm not I'm trying to suggest how to [1:46:34] do that. It obviously could be measured [1:46:35] quite a few ways. [1:46:36] » Okay. [1:46:37] » Okay. Thank you. [1:46:40] Okay. Is there any other items sections [1:46:43] that you wanted to talk about, Tyler, [1:46:44] and we'll move on to other city council [1:46:46] members, see what they want to talk [1:46:48] about? [1:46:48] » Well, I mean, feel free to chime. I'm [1:46:50] trying to leave space for everybody to [1:46:51] chime in. So, hopefully we have some [1:46:52] consensus. That's what getting this done [1:46:55] is going to take, just going line by [1:46:57] line. And [1:46:58] um [1:47:00] I don't know. I guess we could talk [1:47:01] about it. I mean, I mentioned it was [1:47:03] really well written. item uh W on page [1:47:06] 819, which is the overnight guest [1:47:08] occupancy and bedroom definition. I [1:47:10] mean, really detailed, really well [1:47:12] written up. It's essentially defines [1:47:14] what a legal bedroom is, which is the [1:47:16] case in every home. Um, when you certify [1:47:18] it for bedrooms occupancy wise, it's [1:47:21] suggesting two guests per bedroom plus [1:47:24] three additional persons. Um, so, you [1:47:27] know, I guess we could kind of chat if [1:47:29] we feel like that's the right number. [1:47:32] Um, you know, I said earlier just some [1:47:34] examples of what that would look like on [1:47:36] a four or fivebedroom home, but uh it [1:47:39] feels like that number is probably about [1:47:41] right, but if somebody, you know, [1:47:43] disagrees, then we can decide if we want [1:47:45] to make that a different number. [1:47:50] I I like the number in conjunction with [1:47:53] the parking spaces per bedroom. I think [1:47:57] that's a great um [1:48:01] yeah, those work well together. I think [1:48:03] that's a great idea. [1:48:06] » There is a there is on if you look at [1:48:08] number seven of that section, um that [1:48:12] information also makes it clear that [1:48:16] because what happens is in a lot of the [1:48:18] bedrooms, they'll put three sets of bunk [1:48:20] beds in there [1:48:21] » Thinking they can get six people per [1:48:23] room. So it's kind of on the front end, [1:48:25] no more than two persons per and even if [1:48:28] you're using futons and bunk beds and [1:48:30] all those kinds of things, it doesn't [1:48:31] increase your occupancy or capacity or [1:48:33] your real. So that was a little unique [1:48:35] language that we had not included in [1:48:37] there before, but probably thought it [1:48:38] was valuable. [1:48:39] » Yeah. really I liked how you did the [1:48:41] overnight occupancy and additional three [1:48:44] for the whole unit because there are a [1:48:46] lot of Airbnbs that do have a futon or [1:48:48] we just don't want it to get excessive [1:48:49] to the point where we've got 12 cars [1:48:52] showing up here, you know, kind of [1:48:53] thing. So, that's good. Uh I can't [1:48:56] remember where it was, Paula. It was [1:48:57] related to occupancy, but somewhere I [1:48:59] read a definition of because there's an [1:49:01] overnight guest or overnight occupancy [1:49:04] and then somewhere later I remember [1:49:06] reading something about daytime [1:49:08] occupancy and I'm not recalling where [1:49:10] that came from. Maybe it was in the [1:49:12] events section. I don't know. [1:49:13] » It was in the gathering section. [1:49:15] » Was it? [1:49:15] » I don't I I think if we get rid of the [1:49:18] and that's why I put that note. If we [1:49:19] get rid of the guest event venue, we [1:49:22] should try to decide here. Do we put a [1:49:27] daytime occupancy number maximum because [1:49:30] people will still have people come over [1:49:32] when they rent a STR, right? And they [1:49:34] it's up to three additional persons for [1:49:38] the unit as a whole to stay the night or [1:49:41] do we want to make any sort of addition [1:49:43] to what a daytime occupancy would be or [1:49:46] do we just leave it at this number and [1:49:48] adjust it just to give some more room? [1:49:51] That would be my only suggestion. And if [1:49:53] we got rid of that, how do we manage [1:49:54] that here? [1:49:55] » When our first discussion happened, I [1:49:57] think the initial um short-term rental [1:50:00] property owner came and said, "I started [1:50:04] this because of hoops and they have [1:50:06] basketball tournaments." And the person [1:50:08] who rents the home or the parents or [1:50:10] whoever goes in on it, right, could [1:50:11] legally based on our definition have 15 [1:50:14] people stay overnight. But he said there [1:50:17] might be more that come over during the [1:50:19] day in between basketball games to swim, [1:50:22] to hang out, to order pizza. So you [1:50:25] might want to and we might want to look [1:50:27] at some language that allows for [1:50:30] um [1:50:32] additional people to be there but not [1:50:34] stay there, I think, is what you're [1:50:35] asking. I just don't have those numbers [1:50:38] in a language, but I can probably [1:50:40] present something if that's the [1:50:41] direction you'd like me to go. [1:50:43] » I think that's appropriate to do. Yeah, [1:50:45] I think we should do something like [1:50:46] that. [1:50:47] » I mean, it's difficult, right? Because [1:50:49] it does still bring up the total number [1:50:50] of people and the total parking [1:50:52] requirement because if guests come over, [1:50:54] just like anybody's house, whether it's [1:50:56] short-term rental or not, when you have [1:50:57] guests come over, your driveway starts [1:51:00] filling up, right? Or the parking on the [1:51:03] street for that four hours that you're [1:51:06] having them over [1:51:08] um does become a little bit of an [1:51:10] inconvenience for other people if you [1:51:12] don't handle that right. um even if [1:51:14] you're legally parking. So, I don't [1:51:16] know. There's some thought in my mind [1:51:18] that maybe maybe that's just too much [1:51:21] and maybe we should just decide on [1:51:23] what's the extra guest allowance and [1:51:25] make it more simple than having a [1:51:26] daytime and evening time. [1:51:28] » But I would say also I come from a very [1:51:31] large family and one holiday event meant [1:51:35] sometimes 40 people being at my house, [1:51:37] right? I don't have 40 parking spaces on [1:51:39] my driveway and they were parked along [1:51:41] the street during the daytime hours, but [1:51:43] they weren't spending the night. So, I [1:51:44] think that there is probably a [1:51:46] differentiation about [1:51:48] » Yes, they can park, but can we allow [1:51:50] them? And we do we want somebody calling [1:51:53] and saying, "Hey, they're having a big [1:51:54] party over here." Well, they can. They [1:51:56] just can't have 45 people stay in the [1:51:58] night, right? In sleeping bags all over [1:52:01] the floor. So, let me just see if I can [1:52:03] find some draft language that might help [1:52:05] answer that question and see then if [1:52:07] it's necessary because it's not in here [1:52:09] now. Yeah. [1:52:09] » Okay. [1:52:10] » No, I agree. I think that would be good. [1:52:11] I mean, if we don't have events at [1:52:13] parties, which we don't want, we do have [1:52:15] to have some some sort of way of [1:52:18] handling that here on a total persons at [1:52:21] the house at one time. I think that [1:52:23] makes a lot of sense. It just I don't [1:52:24] know what the number should be. Well, [1:52:26] and and you can also say I mean in the [1:52:30] gathering and events section, even [1:52:32] though um we don't want that section, [1:52:34] there is some language that can help [1:52:36] prompt this conversation, right? Option [1:52:38] one alone says gatherings of persons [1:52:40] shall not exceed two times the maximum [1:52:43] overnight occupancy or 25 guests. [1:52:45] » Gotcha. [1:52:46] » During the day, it may not exceed three [1:52:48] times the maximum maximum occupancy, [1:52:51] which allows 35 people in a home, right? [1:52:53] And then they have to go home and they [1:52:54] can't sleep there. So there might be [1:52:55] some language that might help satisfy [1:52:57] that because that would be considered a [1:52:59] gathering. [1:53:00] » Yeah. [1:53:00] » I mean 45 people is a lot of people. [1:53:02] That's [1:53:03] » We'll look forward to your [1:53:04] recommendations which find [1:53:06] » We'll work on some language. [1:53:08] » I think that was the main things I had. [1:53:09] I have other notes and I can send those [1:53:11] to Paul that are more wordsmith stuff [1:53:13] and stuff like those are the bigger ones [1:53:15] that I saw. [1:53:16] » Thank you. [1:53:17] » Yep. Um, [1:53:19] my only big comment, I've got 28 [1:53:24] questions or things here, but the only [1:53:26] big thing in here is I saw a significant [1:53:29] inconsistency from getting the permit [1:53:33] and the appeal process, but you've [1:53:35] already discussed that. You already [1:53:37] recognize that issue. So, I'm just want [1:53:40] to re-emphasize, be careful about that [1:53:42] because if we have to give notice to [1:53:45] people, that's a $500 check right there [1:53:48] minimum to go do that research to get [1:53:51] the title companies to tell us who those [1:53:53] people are we have to give notice to and [1:53:54] all that stuff. And as you know, it's a [1:53:57] it's a it can be an involved process. [1:53:59] So, um [1:54:02] I don't want us to try to push that [1:54:04] issue. I'd like to avoid that if we can. [1:54:07] I don't know what the right way to get [1:54:08] around it is, but I would like to avoid [1:54:11] that if we can because it's just doesn't [1:54:13] it seems overly burdensome to me to to [1:54:15] require that. So, um, but other members, [1:54:20] council members have any other things [1:54:21] they want to bring up, burning issues to [1:54:24] them, [1:54:25] » Mr. Mayor, [1:54:26] » Mr. Macintosh, [1:54:27] » I had just just one more uh in section S [1:54:31] about pets. [1:54:34] Um, if I scroll back to it, [1:54:39] » You said S [1:54:40] » S as in Sam. [1:54:42] » Yes. [1:54:43] » Uh, the pets section. [1:54:44] » Yes. [1:54:45] » A lot of this seemed to be a [1:54:48] regurgitation of ordinances we already [1:54:51] have in place concerning pets. [1:54:53] » Yes. [1:54:54] » Should we just reference our existing [1:54:57] pet ordinance? Um, as I said at the top [1:55:01] of the almost hour, yes, there these [1:55:04] were mentioned. I put them in here, but [1:55:07] understand that we do probably have some [1:55:09] other regulations that might govern [1:55:11] that. A lot of our animal control uh [1:55:15] type of issues are managed by Cedric [1:55:17] County by contract. So, I need to look [1:55:19] and see what we have, what we don't [1:55:21] have, what they're enforcing, what [1:55:22] they're not, and see if it makes sense. [1:55:24] And it could be that some of these just [1:55:26] are part of the good neighbor policies [1:55:28] that says follow the codes but [1:55:30] understand that you need to have your [1:55:31] pet on a leash or whatever because it's [1:55:33] going to be hard for them to a person [1:55:35] renting. I wouldn't I may now now that [1:55:38] I'm a community development director I [1:55:40] may rent my next house and go look at [1:55:41] all their zoning codes make sure I'm in [1:55:43] compliance but uh they most likely they [1:55:46] wouldn't know. So unless we're kind of [1:55:47] giving them some guidance. Yes. So, uh, [1:55:50] you're right. There there might be some [1:55:52] other governing that might correct all [1:55:54] this or or take this into account. [1:55:56] » Okay. Yeah. And I like that suggestion. [1:55:58] Maybe put a couple bullet points in the [1:56:00] good neighbor guidelines that are to be [1:56:02] posted to the guest. [1:56:03] » Sure. [1:56:03] » Um, yeah. Just to kind of condense this [1:56:07] a little bit. [1:56:08] » Absolutely. [1:56:11] » Miss Hamburg, did you have something? [1:56:13] » I just had a couple of quick items. Just [1:56:15] big picture thing. you're seeing this as [1:56:18] complaint driven. Like you're not going [1:56:20] to stare at Airbnb sites and be like, [1:56:22] "Oh, I noticed that they they've had [1:56:24] this up for 6 months instead of three [1:56:25] months." [1:56:26] » Yeah. You just your time doesn't even [1:56:27] allow that. [1:56:28] » No. [1:56:29] » The big picture ideas here is to kind of [1:56:31] have a a stick if you've got a repeat [1:56:33] offender that's causing problems. So, um [1:56:36] just along those lines of maybe getting [1:56:39] too detailed, but still leaving our [1:56:41] ability to deal with problems. [1:56:43] » Sure. uh section P, you know, where it [1:56:47] says uh [1:56:50] » Trash collection. [1:56:51] » Number two, [1:56:52] » You you might require that they they [1:56:54] show that they have trash service. Well, [1:56:56] the big deal is is you don't want trash [1:56:58] piling up and you don't want them using [1:57:00] the neighbor's trash can. Correct. [1:57:01] » So, that seems like overkill, but it [1:57:04] might be a way to deal with them if it [1:57:07] becomes an issue and to have a path to [1:57:09] deal with them. Correct. [1:57:10] » Correct. [1:57:10] » Yeah. and or it might be that it might [1:57:14] fit in another [1:57:16] » Section. I just we just talked about [1:57:19] making because we had a complaint that [1:57:21] said they were putting trash and they [1:57:22] hadn't picked up their trash in days and [1:57:25] a week after somebody left and they were [1:57:27] just piling it on the ground. And so we [1:57:29] were just trying to consider what all [1:57:31] needs to be in there. And like I said, [1:57:34] these sections will be modified if [1:57:35] there's places in the code that are [1:57:37] accurately reflecting what we want. If [1:57:38] they aren't, then we're gonna put them [1:57:40] in here. [1:57:41] » Yeah. [1:57:41] » Correct. [1:57:42] » Okay. And then same goes for like uh [1:57:44] section Q with the lighting about the [1:57:46] porch being on overnight. Like I think, [1:57:49] you know, you can pull something like [1:57:50] that out, but again, you kind of need to [1:57:52] write a number of things because you [1:57:53] can't predict every situation that's [1:57:55] going to bug your neighbor and actually [1:57:56] be a long-term problem. So, [1:57:57] » I think that we're we're going to modify [1:57:59] that lighting section in the sense that [1:58:01] we have a lot of people who we don't [1:58:03] want them to put the big lights up in [1:58:05] the backyard so they can swim all hours [1:58:06] of the night, right? or light pollution [1:58:08] and we just want to make sure that we're [1:58:10] mindful of that. We have a whole [1:58:11] lighting uh section. We just want to [1:58:14] make sure that we're considering what [1:58:16] might happen in STR which is now [1:58:18] currently not in considered in our [1:58:20] existing codes. [1:58:22] » Okay. Thank you. [1:58:24] » Mr. Mayor, just a clarification. Do you [1:58:26] think quiet hours will solve a lot of [1:58:28] the issues that you kind of just [1:58:30] described? [1:58:32] » Oh my goodness, that's a tough question. [1:58:34] Um, we I mean right now neighbors have [1:58:37] the right to call the police if there's [1:58:38] some concern about noise at certain [1:58:40] hours, right? So, I think it is a good [1:58:43] neighbor policy for sure and a reminder [1:58:45] that says, "Please post this because we [1:58:48] don't want the STR renters assuming that [1:58:51] they can go all night if they want to." [1:58:54] Um, they don't know what they don't [1:58:55] know. And so if we can request them to [1:58:58] create some written posted whatever [1:59:02] policy to let them know, then when [1:59:04] somebody shows up at the door and says, [1:59:05] um, it's 2 o'clock in the morning, [1:59:07] you're supposed to shut this down, [1:59:09] right? Then they know they they should [1:59:12] have known some way. So some of these [1:59:14] will fit nicely into the good neighbor [1:59:16] requirement posting. I'd like to say [1:59:18] that people don't know what they don't [1:59:20] know, but if they do know it, they [1:59:21] better follow it and then we have a [1:59:23] little bit better opportunity to talk to [1:59:24] the property owner after the fact. [1:59:26] » Yeah. No, that makes sense. [1:59:29] » Mr. Mayor, I did have one more item I [1:59:31] found since unless anybody else has [1:59:33] something to bring up. Um I did look at [1:59:35] the AA section for appeals of short-term [1:59:38] rental decisions. Um page 27 is where it [1:59:40] started. Um, and just kind of reading [1:59:43] through it looks like, so for instance, [1:59:45] uh, B under administrative appeal, the [1:59:48] appeal shall include, and there's a [1:59:49] laundry list there, but it looks to me [1:59:51] like you're following the zoning, the [1:59:53] 200 feet of the area proposed and the [1:59:55] 10,00 requirement is just straight out [1:59:57] of what we have to do on zoning cases, [1:59:59] which is great. I think that's perfect. [2:00:01] Uh, the next page, item [2:00:04] D for protest petition. This one got me [2:00:07] going, got me just thinking a little bit [2:00:09] of how how this is going to turn from an [2:00:12] administrative process into a planning [2:00:14] process very quickly if we don't decide [2:00:17] on this. And what I mean by that is the [2:00:19] protest petition um percentage at 20%. [2:00:23] So if if there was 10 neighbors near [2:00:25] your uh STR, two only two would have to [2:00:28] say, "Nope, just don't want an STR next [2:00:30] to me. Nope, just don't want it. I don't [2:00:32] care what property rights they want." I [2:00:35] have a problem with 20%. Seems way too [2:00:37] low. I know where it comes from. I read [2:00:39] the it's from the can the c the Kansas [2:00:41] state statute where if you're have a [2:00:43] zoning uh protest petition process, it [2:00:47] it requires a supermajority vote of the [2:00:49] governing body. I think that's where [2:00:51] that's pulled from. In this case, I [2:00:54] think the protest petition should be [2:00:56] much higher because what you're asking [2:00:57] is, hey neighborhood, do you really have [2:00:59] a problem with this? And to me, 20% is [2:01:01] not the neighborhood having a problem [2:01:02] with this. 40 or 50% is and at this [2:01:06] point you're not denying anything. [2:01:07] You're just requiring another step which [2:01:09] is then what I what I read is the [2:01:11] planning commission turns into the [2:01:13] appeals the final say in the matters. [2:01:16] Right. So they go through a typical [2:01:17] zoning process with the um planning [2:01:20] commission. Correct. [2:01:21] » Well that at at the top of the hour um I [2:01:24] said I also said that this is a little [2:01:27] bit messier. We're gonna have to [2:01:28] uncouple some things. So, let me just be [2:01:30] fair and say [2:01:32] um the application would come to me and [2:01:36] if they meet all the requirements, I [2:01:38] approve it. If for some reason I deny [2:01:41] it, we allow the applicant to file the [2:01:45] appeal. Right? So, the appeal we're [2:01:48] trying to mimic and see what that flow [2:01:50] will be and we will lo we will probably [2:01:53] pretty closely follow the process for [2:01:55] any appeal that we would have. Okay. The [2:01:58] other problem that we have is and we had [2:02:00] a lot of discussion and this is the [2:02:02] other messy piece of it is that when I [2:02:04] receive an application to review it [2:02:06] » Right [2:02:06] » For approval or denial and they do meet [2:02:09] all the expectations [2:02:11] there's no mechanism that allows or [2:02:13] provides for the uh neighbors to know [2:02:16] that this is even going to happen. So I [2:02:19] have a two-prong problem. What am I [2:02:21] going to do when I get the application [2:02:22] to notify neighbors if I need to? And [2:02:25] what is that burden on them to submit a [2:02:29] petition or protest, whatever it is, or [2:02:31] notification? And if I do get uh [2:02:37] complaints about an STR going in next [2:02:40] door to the property owners, what do I [2:02:43] do with it? Is that a condition to deny? [2:02:46] Right? So, that's one area. If I deny it [2:02:49] and the applicant doesn't agree with [2:02:51] that, then I my intent is to follow the [2:02:54] appropriate appeal process. Now the [2:02:57] question really becomes does it start [2:02:59] and stop with the planning commission or [2:03:01] does it follow the normal process of any [2:03:04] other which would be planning commission [2:03:07] makes recommendation to city council, [2:03:09] city council reviews it. Right? So those [2:03:11] are the nuances that we're still trying [2:03:12] to work out. So, um [2:03:16] um with that being said, I think we'll [2:03:18] have a clearer, that's a technical word, [2:03:21] picture of how this process will work as [2:03:24] we give it some additional thought, [2:03:26] right? Because when this whole thing [2:03:27] started, your your question was is that [2:03:29] I was going to hold the public hearing [2:03:32] and I can't do that. And the only way [2:03:34] that I could is if the applicant for the [2:03:37] STR provides me and pays for the [2:03:39] ownership list. I notify like we [2:03:42] normally do, right? [2:03:43] » And then there's a waiting period of the [2:03:45] 20 days so that people know what's [2:03:47] happening. But then where are they going [2:03:48] to go? [2:03:50] » I I'm not going to be the administrative [2:03:52] hearing officer deciding whether this [2:03:55] goes through or not. Right? So those are [2:03:56] the difficulties um that we have to sort [2:03:59] of figure out how to [2:04:01] » Put the appropriate process with the [2:04:03] appropriate intent. My thing is is that [2:04:06] if they approve if they meet all the [2:04:08] requirements that you all have set out [2:04:10] then I'm going to approve it. If they [2:04:12] don't then what? And then we're going to [2:04:16] be hearing from neighbors who said [2:04:18] nobody ever told us that that [2:04:20] application was filed and that you [2:04:21] approved it. Well our code doesn't [2:04:23] require that. So there's a lot of work [2:04:25] to be done in that area. [2:04:28] U we just put the placeholders in there [2:04:30] because we'd had quite a discussion [2:04:31] about it previously. [2:04:33] » Yeah, I I agree with your earlier [2:04:35] comment that there needs to be some work [2:04:37] on that. [2:04:38] » Oh, a lot of work. Let's [2:04:40] » Pull out. [2:04:41] » Let's give you a chance to do that and [2:04:42] and then absolutely can consider what [2:04:44] what it is. So, I I appreciate that you [2:04:46] have some comments, but I think that [2:04:48] it's going to drastically change in this [2:04:50] area as we start trying to figure out um [2:04:53] how best to put this through if somebody [2:04:55] has a issue or complaint or appeal. [2:04:58] » Okay, [2:04:59] gotcha. Yep. Nope, that makes sense. And [2:05:01] I think it'd be helpful to do some more [2:05:04] research, see what other jurisdictions [2:05:05] do as far as notifications if if they're [2:05:08] legally required or not. Some probably [2:05:11] choose to to post notice somehow or some [2:05:13] way even if they aren't going to have a [2:05:15] public hearing. So, nope. That's the [2:05:17] only other major one I I missed. [2:05:20] » Mr. Proctor, did you have any sections [2:05:22] you wanted to discuss? [2:05:24] » I think the sections I I was maybe a [2:05:27] little concerned about. We've talked [2:05:28] about and then um I think you me [2:05:31] mentioned the discrepancy between like [2:05:33] the two years and one year, but I kind [2:05:35] of figured that'd get worked out before [2:05:36] this is all done anyways. [2:05:37] » Okay, good. Thank you, Mr. David. Did [2:05:41] you have any other sections you want to [2:05:42] talk about? [2:05:43] » No addition. Just the the general [2:05:44] consensus that less is more. So, if we [2:05:47] can condense it and [2:05:48] » Get rid of things, reference things that [2:05:51] that don't need to be repeated, that all [2:05:53] be [2:05:54] » Improvement. Thanks, [2:05:55] » Miss Hamburg. Are you satisfied with [2:05:58] anything? Okay. [2:06:00] » Okay. So, I guess we've uh pretty much [2:06:02] covered everything and appreciate all [2:06:04] the input. [2:06:05] » Rage, can I make two comments that'll be [2:06:07] short? I know, I know, but I I just have [2:06:09] to get this from this conversation. So, [2:06:13] as you can tell, we're going to spend [2:06:14] the next three workshops talking about [2:06:16] codes. And we have this that's [2:06:20] related that Paula talked about. We also [2:06:23] have a Senate bill out there that we're [2:06:26] going to talk about in conjunction. Mhm. [2:06:28] » So, kind of the the broad plan of staff [2:06:31] is to make all three of these crescendo [2:06:35] » Into one. [2:06:37] There'll be different votes, but as far [2:06:40] as timing goes, and I I know we were [2:06:42] looking at fall of this year, and we [2:06:45] will continue to push, we're dedicating [2:06:48] all of our workshops to the end of the [2:06:50] year to zoning matters. Um, so I just [2:06:53] want to be clear that um, we're we're [2:06:56] going to work on this as much as we can, [2:06:58] but it might be tied to some of the [2:07:01] zoning codes that we're going to discuss [2:07:02] over the next three workshops. So, I [2:07:05] just want to be clear on that. The other [2:07:07] hard part, um, and you know, the [2:07:11] planning commission makes the [2:07:12] recommendation and and the council [2:07:14] approves this matter. Um, [2:07:18] a lot of times we talk have these [2:07:20] conversations about big policy and it [2:07:22] doesn't involve the planning commission. [2:07:24] I was at the planning commission meeting [2:07:25] and we presented this and I think a lot [2:07:28] of them said, "Hey, can we get it in [2:07:29] word version and make our markups and [2:07:31] send it to Paula?" Essentially, what [2:07:33] that does to my staff is sends almost 12 [2:07:37] different versions of the same document [2:07:39] to one person. And I understand [2:07:42] um she she can she can navigate those [2:07:45] waters, but it might be good to think as [2:07:48] we move to our next workshop of what [2:07:50] what recommendation you would like from [2:07:52] the planning commission. Do you want [2:07:53] them to completely dive themselves into [2:07:56] this and and and get word by word what [2:08:00] they want? I I just feel like we owe it [2:08:02] to the planning commission of, you know, [2:08:04] h how deep do you want them to go in [2:08:06] this process? because we're going to go [2:08:07] really deep this group and if they go [2:08:09] really deep it's going to be even [2:08:12] tougher on Paula. So I I don't know if [2:08:14] I've properly asked this question but I [2:08:16] would like some guidance to give to our [2:08:18] » I think I understand your question about [2:08:19] what my question is what process do you [2:08:23] think would work best for you [2:08:25] » Because you're going to get input from [2:08:26] seven planning commission people and [2:08:29] from six governing body people. That's a [2:08:32] big team. [2:08:33] » It's a huge team. So, up to this point, [2:08:36] we've workshopped only with you. I [2:08:39] introduced it because we know that any [2:08:41] change to the zoning regulations has to [2:08:42] go through the planning commission. Um, [2:08:45] I like receiving feedback on a very big [2:08:49] umbrella. I do not want to spend [2:08:52] workshop time of anybody's time [2:08:55] completely word by word going through [2:08:57] this document and word. [2:09:00] » Thank you. Because I don't either. Um, [2:09:02] so I'd like I I mean the in all honesty, [2:09:05] he didn't say this either, but the [2:09:07] planning commission requested to have a [2:09:09] workshop space on their own meetings [2:09:12] with PEC to talk about all these things [2:09:15] so they can tell [2:09:17] um um [2:09:21] staff PEC what to include in this these [2:09:24] codes. [2:09:25] » Okay. So, we said, "No, we're going to [2:09:27] have joint commission and council [2:09:29] because um what did we say?" Right? The [2:09:32] odds are you have to have three votes. [2:09:34] And so, the thing is is if you're [2:09:36] rewriting everything and it has nothing [2:09:38] to do with where the council's direction [2:09:40] is, who the ultimate governing body for [2:09:42] approval, um I'm just spinning my [2:09:44] wheels, right? So, we're not going to [2:09:46] have any separate, but be prepared that [2:09:49] from a from the zoning code perspective, [2:09:50] they're going to come to these workshops [2:09:52] with a whole laundry list of things they [2:09:54] think should be included. Um, from the [2:09:56] STR, they want to look at the document [2:09:59] and provide guidance. I'm willing to [2:10:02] take big picture guidance, but not [2:10:05] rewriting. I'm also not necessarily [2:10:08] willing to have additional workshops [2:10:10] just with them. I'd rather bring the [2:10:12] suggestions back to you all to see what [2:10:14] fits and what doesn't. Um, and then [2:10:18] ultimately when the document is defined, [2:10:20] then we can bring it back through [2:10:21] planning commission for approval based [2:10:22] on your recommendations and then move to [2:10:24] you. So, it's really messy right now. [2:10:27] Um, and I we'll give some more thought [2:10:29] to it about what we're going to do, but [2:10:31] um I just wanted you all to be prepared [2:10:33] that at most of the the uh zoning code [2:10:36] update workshops, they have a lot of [2:10:38] ideas about what they want to see in the [2:10:40] codes. [2:10:41] I'm not enamored with the idea of giving [2:10:43] them the word document and having them [2:10:44] come back with the changes because I [2:10:46] could just see that as a huge [2:10:49] » Pro. [2:10:49] » It will and it hasn't they requested it [2:10:51] hasn't been provided. I let them know [2:10:52] that we were going to be talking to [2:10:54] council tonight. [2:10:55] » I mean and and council members please [2:10:57] speak up if you have any input on that. [2:10:59] But I just I can just see that just [2:11:01] being a a horrible burden on her if we [2:11:05] did that. [2:11:07] » Mr. Mayor, [2:11:08] » Mr. McDuck. Uh um I I agree with the [2:11:12] general sentiment that yeah, if somebody [2:11:15] gets in there and words smmiths this [2:11:17] preliminary document, it it just get [2:11:20] ginormous. [2:11:22] something that works well in the the [2:11:24] business that I'm in. Um, we use [2:11:26] Microsoft 365, [2:11:29] you can share a review only copy of a [2:11:34] document [2:11:35] to allow individuals if they want to [2:11:38] spend six hours on a document [2:11:41] reviewing and making comments, but you [2:11:43] can't actually change the content of the [2:11:45] document. You can make suggestions that [2:11:47] are really easy to implement if they're [2:11:49] good suggestions. [2:11:51] Um, and they're super quick to review. [2:11:55] Um, I think some of the input we might [2:11:58] get from individuals who want to go [2:12:00] through and spend a lot of time on this [2:12:02] could be very valuable [2:12:04] » And we should provide them the [2:12:06] opportunity to provide that value. [2:12:09] Um, maybe the right approach is a review [2:12:12] only version [2:12:15] of a shared document. Everybody's in the [2:12:18] same document at the same time. leaving [2:12:20] comments in the same document. [2:12:24] Um, if that if you think that would be a [2:12:26] good idea, that'd be my suggestion. Um, [2:12:29] but I'll go back to the mayor's comment. [2:12:31] Whatever is going to be easiest for you, [2:12:33] Paula, I think is the right approach [2:12:35] because ultimately [2:12:36] » And I want to make sure that you if we [2:12:38] one thing we talked about related to the [2:12:40] shared document was are we violating the [2:12:42] the open meetings by them getting into [2:12:45] the document and exchanging stuff all [2:12:47] the time because they're going to be [2:12:48] able to see each other's comments. They [2:12:50] may be able to put comments in there [2:12:52] that says, "Hey, I don't like that, but [2:12:53] let's do that." So, I did not agree to [2:12:56] that at the time because it was [2:12:57] suggested and I was concerned about the [2:12:59] open meetings and the serial meetings. [2:13:00] So, I'm not inclined to do that. [2:13:03] However, I'm not opposed to them [2:13:05] submitting comments and suggestions [2:13:08] individually to me, but I want a [2:13:11] mechanism to bring back to you to say, [2:13:15] do we want to spend time on that? [2:13:17] Because they may say, well, they can [2:13:18] have up to 70 days a year if they're not [2:13:21] going to rent it. Or they may be able to [2:13:23] have, why can't they have 20 people in [2:13:25] there? Maybe they want five people [2:13:27] maximum, right? So, they're gonna [2:13:29] they're gonna have some really um [2:13:32] » Good comments, and they might have some [2:13:34] comments that you don't agree with, and [2:13:36] I don't want to spend time developing [2:13:37] full-blown language, but I want you to [2:13:39] have the [2:13:40] » The comments and the feedback somehow so [2:13:42] you can provide direction about whether [2:13:44] we should go down a certain path or make [2:13:46] changes. I think I think a certain [2:13:47] amount of that is you between you and [2:13:50] and Ted and Maria need to call the balls [2:13:53] and strikes on what are you going to [2:13:54] present to council of those re of those [2:13:56] suggestions because because like some of [2:13:59] my suggestions are just little editorial [2:14:01] stuff. It's not does I don't have to [2:14:04] update all [2:14:04] » I expect everybody to to even discuss [2:14:07] that stuff. It's like okay so what you [2:14:10] and I don't want you coming back to the [2:14:12] council and say well should we change [2:14:13] this from the to a [2:14:17] » Sense this discussion helps Paul and I [2:14:19] call those balls and strikes is really [2:14:21] difficult when we don't have this [2:14:22] discussion and then absolutely [2:14:24] » So so I appreciate the short discussion [2:14:26] on this particular topic and I'm I think [2:14:28] I I know what the council wants. [2:14:30] » Thank you. [2:14:32] » Okay. [2:14:34] Okay. Any other final statements on this [2:14:38] short-term rental thing or we ready to [2:14:40] move on? [2:14:41] » It wasn't so short. [2:14:45] » Sorry, dad joke. [2:14:46] » It was almost a exactly an hour. [2:14:49] » Yep. [2:14:50] » Check that. [2:14:51] » Check that out. [2:14:51] » What I said. [2:14:54] Okay. If there are none, we can move to [2:14:56] adjournment. [2:14:57] » Mr. Mayor, [2:14:58] » Mr. Dean, [2:14:59] » I move we adjourn. [2:15:01] » Second. [2:15:02] » Sec. Motion by Mr. Dean, a second by Mr. [2:15:04] David. All in favor say I. [2:15:05] » I. [2:15:06] » Any opposed? [2:15:08] That motion carries 5 to zero. We are [2:15:10] adjourned. See everybody in two weeks. [2:15:13] » September 1st. [2:15:15] » I also didn't go everyone. I was really