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[0:00]
I think we're going to go ahead and get
[0:01]
started. Um, so we have a planned use
[0:05]
work session
[0:07]
to help address some of the concerns of
[0:09]
the ordinance 569.
[0:14]
Yeah. Well,
[0:20]
Sarah, you're going to try and lead us
[0:22]
on this first part.
[0:24]
» Yeah. Once I figure out the microphone,
[0:25]
I'll I'll be all ready to go. Like I
[0:28]
can't see it. Hopefully they taught that
[0:30]
to you in the engineering class.
[0:32]
» Didn't teach me because the problem I
[0:36]
can't see it.
[0:41]
» All right. Yes. So, um I know I received
[0:45]
some comments from Commissioner
[0:46]
Montgomery. He's not here yet and I
[0:49]
don't know if those are distributed to
[0:51]
everyone for discussion or Okay.
[0:53]
» Yeah. So we can go through those. Um or
[0:56]
if you have any um concerns or questions
[1:00]
or thoughts before we go into those. Um
[1:03]
I'm I'm happy if you you've read this
[1:05]
unless you want me to kind of give a
[1:06]
presentation on I can do that.
[1:07]
Otherwise, I can just address your
[1:10]
concerns.
[1:11]
» I think I mean you guys might have
[1:13]
questions regarding it. I don't know if
[1:16]
you want to ask those now and then she
[1:18]
can help cover all those.
[1:23]
Yeah.
[1:27]
» Start good.
[1:28]
» So, why don't you go ahead and just kind
[1:30]
of give us a presentation over.
[1:34]
» So, um the state has um wanted us to
[1:39]
implement uh accessory dwelling units.
[1:42]
We implemented the internal accessory
[1:44]
dwelling unit and that was statemandated
[1:46]
two or three years ago. I'm thinking now
[1:48]
I wasn't a part of that but now um this
[1:51]
year they just passed that we need to
[1:52]
have some sort of a detached ADU
[1:54]
ordinance and the state gave us some
[1:56]
guidelines things we could consider some
[1:59]
things we were not allowed to consider
[2:01]
kind of typical boundaries and it is
[2:03]
something I think as a city we were
[2:05]
talking about before the state
[2:07]
implemented it so um
[2:11]
essentially what we've created is an
[2:13]
ordinance that defines what an internal
[2:16]
and a detached ADU is we talked about
[2:18]
some lot sizes um and limitations that
[2:23]
we were allowed to implement from state
[2:24]
code. Um we determined we just wanted or
[2:28]
this is what when I say we I'm talking
[2:30]
about working with the planning
[2:30]
commission. This is what they they
[2:33]
proposed and that's what you're seeing
[2:34]
in the proposed ordinance is one ADU per
[2:37]
primary dwelling. So if you have an
[2:39]
internal ADU, you wouldn't have an
[2:41]
external ADU. Um, a prop property owner
[2:45]
would need to live on the property means
[2:47]
they could live in the ADU or in the
[2:49]
main dwelling. They just need to be on
[2:50]
the property. Um, no short-term or
[2:53]
vacation rentals. Uh, we have we looked
[2:56]
at addressing utilities permitting
[2:58]
licensing requirements in this. And then
[3:02]
I think most importantly the design the
[3:04]
height setbacks compatibility um so that
[3:08]
we
[3:10]
may we allow ADUs with the least amount
[3:13]
of impact surrounding properties. So in
[3:16]
coming up with this ordinance I or the
[3:19]
draft that we've been through I looked
[3:22]
at statewide what are people what have
[3:25]
people implemented for accessory mall
[3:27]
units? What's working? what's causing
[3:29]
complaints and frustrations. The the
[3:33]
biggest complaints we're seeing were
[3:34]
mostly like ADUs right next to a
[3:37]
property line where the inhabitants can
[3:40]
look into someone's property where they
[3:41]
can see everyone. And you'll see some of
[3:43]
the limitations are based on that
[3:45]
feedback that people really felt a
[3:47]
twotory ADU right next to their property
[3:50]
line. It's one thing if it's a barn or
[3:53]
uh any any sort of accessory structure
[3:56]
where people aren't living, but once
[3:58]
people are living in that space, it's
[4:01]
like having someone live right on your
[4:03]
property line. So, we tried to figure
[4:06]
out how can we allow these with a lot of
[4:08]
latitude without introducing too much um
[4:12]
infringement on people's um privacy. So,
[4:16]
uh, looking through,
[4:20]
so our our general limitations, what we
[4:22]
came up with at the planning commission,
[4:24]
uh, no internal ADUs on parcels 6,000
[4:29]
square ft or less and, um, no detached
[4:32]
ADUs on parcels that are less than
[4:35]
10,000 square ft.
[4:38]
It's been a while now. I should have
[4:39]
looked this. I'm trying to remember what
[4:41]
the state code allowed. That's something
[4:43]
I should have printed out. So I thought
[4:45]
we went with the safe coat on that the
[4:48]
minimum sizing minimum lot size. So a
[4:51]
quarter acre but with that there also we
[4:55]
the size of the ADU be tied to the lot
[4:58]
size. So that's where um we see the
[5:01]
maximum gross floor area of a detached
[5:04]
ADU should not exceed the lesser of 10%
[5:07]
of the lot area or the gross floor area
[5:10]
of the primary dwelling. So, um, and it
[5:14]
has to be the lesser of those two. So,
[5:16]
if you have a 10,000 square foot lot,
[5:20]
you could only have a 1,000 square ft
[5:22]
ADU. And then like a third acre lot, you
[5:25]
could have a 1500 ft ADU. Sorry. Yeah,
[5:29]
1500. Making sure I did the math right.
[5:32]
um up to
[5:35]
um you know a 40,000 would be limited to
[5:38]
a 4,000t ADU, but that would that's only
[5:41]
if there's a 4,000 ft² or larger home on
[5:44]
the property. So that's that's where
[5:46]
we're getting the the size limitation.
[5:49]
Um
[5:50]
we limited to 30 consecutive days or
[5:53]
longer and not be used as a vacation
[5:55]
rental or short-term rental. That was
[5:57]
the prohib the what we saw in internal
[6:00]
ADUs. um from the state. And something
[6:04]
Grover brought up it, not Grover, sorry,
[6:06]
Grace brought up a different different G
[6:09]
like what
[6:11]
um was we could increase that to 90 days
[6:14]
for the detach if we wanted to. Um so
[6:17]
something to keep in your mind if if you
[6:19]
want to do that, but it seems that we
[6:21]
found that if you limit it 30 days,
[6:24]
people aren't going to use that as a
[6:25]
short-term rental in general. But
[6:27]
something to think about just for
[6:29]
simplifying the code. Um so and like say
[6:32]
the property owner needs to occupy the
[6:34]
primary dwelling or the ADU. One of them
[6:40]
and uh of course they need all their
[6:44]
permits, inspections, approvals, all
[6:46]
sorts of life safety things that we'd
[6:48]
expect from any sort of new building.
[6:50]
And um and they cannot be created a full
[6:54]
home park. And that's something the the
[6:58]
state um allowed as well. So going on um
[7:05]
for licensing, if it is going to be
[7:07]
rented, they would need to have a
[7:09]
business license
[7:11]
and um utilities. We looked at
[7:16]
um we didn't want to create a situation
[7:18]
where people were putting in detached
[7:21]
ADUs on failing septic lines or failing
[7:25]
infrastructure. Am I missing something?
[7:27]
No, this I just Thank you. Thank you. Um
[7:37]
for the lot size.
[7:38]
» Oh, the lot size. So the state said it
[7:40]
at 11,000 square feet was the largest
[7:44]
you could go and we went with 10,000
[7:46]
square feet. So the state would let you
[7:48]
go as low I mean as high as 11,000 ft.
[7:52]
We did 10,000 so that that was the
[7:54]
recommendation so that we could do the
[7:56]
quarter acre lot so people would have
[7:57]
small ADUs. But that's so that's what we
[8:00]
» Now is that minimum or is that like the
[8:03]
» Um that's the the minimum lot size that
[8:07]
you can have a detached ADU.
[8:09]
» Yeah. So then it would be
[8:12]
» Above that you could do one as well but
[8:14]
below that you could
[8:15]
» Exactly.
[8:16]
» Exactly. Um okay I should pause and
[8:20]
breathe and see if you have any
[8:21]
questions.
[8:22]
» Okay. So we go back to the question of
[8:26]
two story.
[8:27]
» Oh yes. So is that an accumulative when
[8:29]
we start talking about square footage
[8:31]
first floor second floor has to be 12
[8:33]
level.
[8:34]
» Yeah it's a so the way it's written
[8:38]
» That's nice I am
[8:40]
» So max gross floor area
[8:43]
» Max floor okay
[8:45]
» Shall not exceed that
[8:47]
» Yeah it's500 and 750 per level.
[8:50]
» Yeah.
[8:52]
» Any other questions? Uh, how do the tiny
[8:55]
homes fit into this?
[8:57]
» They fit just fine.
[8:59]
» Well, they fit just fine because I know
[9:01]
we have one person up around the corner
[9:02]
here that has a tiny home and he's
[9:04]
parked it and I know he's used it and
[9:07]
now it's gone. So, I assume it's in a
[9:09]
summer place or whatever. However,
[9:12]
how does that fit into this ADU? If they
[9:14]
park, pull something like that in and
[9:16]
classify that as their ADU.
[9:18]
» Oh, I see. If it's mobile,
[9:20]
» Yeah,
[9:20]
» That's not something we've addressed.
[9:22]
So, that's something we probably want to
[9:23]
look into.
[9:23]
» I think you need to look into it because
[9:25]
» Well, wasn't that your last statement?
[9:27]
No mobile home.
[9:28]
» Oh, it's slightly different. It can't be
[9:30]
in a mobile home park.
[9:32]
» Oh, sorry. Got you.
[9:33]
» Um, but if someone wants to park their
[9:37]
ADU temporarily, we probably should put
[9:40]
some code in if that's what we want to
[9:42]
allow on where it goes, what the hookups
[9:45]
are, and it's just up to you. We want to
[9:48]
allow temporary
[9:51]
like
[9:52]
tiny homes or do you want only permanent
[9:55]
temporary homes? So, we were assuming
[9:58]
only per permanent temporary homes. Um,
[10:01]
the design standards would prohibit
[10:03]
someone from just parking their RV and
[10:07]
calling that an accessory dwelling unit.
[10:11]
Um,
[10:13]
» I think that's I mean to my mind it when
[10:15]
you start looking at a tiny home is even
[10:18]
the RV world now are they're building a
[10:22]
lot of
[10:24]
park model type tiny home uh
[10:30]
kickoffs if you will,
[10:31]
» You know, with some of them have two
[10:33]
stories in them but there won't they
[10:35]
more look like a mobile home still on
[10:38]
wheels. still similar to what a tiny
[10:41]
home is being built like.
[10:43]
» And I guess that's the question. Do we
[10:44]
regulate the tiny homes on wheels as
[10:47]
mobile homes or do we regulate them as
[10:51]
um accessory dwelling units? Do I mean
[10:54]
right now if someone wants to live in
[10:55]
their mobile home on the property that
[10:57]
would be just complaint driven of what
[11:00]
happens for that situation. Uh if
[11:03]
they're not hooking if these tiny homes
[11:05]
are not hooking up to the utilities of
[11:07]
the property. I mean, those are those
[11:10]
are thoughts. Do we want to just leave
[11:12]
it the way it is and they continue to
[11:14]
operate as mobile homes that people own
[11:18]
or do we want to actually make it a
[11:19]
permitted use to have
[11:22]
a mobile tiny home? I don't know how
[11:26]
» My question would be since we're doing
[11:27]
this to comply with state law,
[11:29]
» They have anything to say about that?
[11:31]
» I I don't think anything was addressed
[11:34]
that. No, Grover's ahead of the curve
[11:36]
thinking of all these good things. Yeah,
[11:38]
I
[11:39]
» Well, I'm getting old. I may want to put
[11:40]
something with my property because of
[11:43]
this.
[11:45]
» Um I I think what does cover it though?
[11:49]
» Um I don't know if
[11:52]
it's the language though, Sarah, that
[11:54]
talks about it has to be hooked up to
[11:56]
the utility. So the issue becomes health
[11:59]
and safety with
[12:00]
» Well that's that's the other part of
[12:02]
this whole
[12:03]
» Is is if we're going to be putting a
[12:05]
permanent or even a semi-permanent
[12:08]
uh structure on your home how does that
[12:11]
tie into your electrical how does it tie
[12:12]
into your sewer because because right
[12:16]
now as I look at it just again a tiny
[12:19]
home it's just parked there uh you know
[12:22]
does it have its own tanks how does it
[12:24]
do it because I know this tiny home
[12:26]
Somebody may be living in it, but I can
[12:28]
guarantee they're not doing their, you
[12:31]
know,
[12:31]
» Due diligence on that.
[12:32]
» Due diligence on that. And I'm sure that
[12:34]
individual goes and uses all the
[12:36]
utilities and facilities inside the
[12:38]
house, which for family, you could get
[12:40]
away with, but if you're renting it, you
[12:42]
know,
[12:43]
» So the way the ordinance is currently
[12:45]
written, you would not, it would have to
[12:47]
be a permanent structure to be allowed
[12:51]
as an accessory dwelling unit the way
[12:53]
that we've currently proposed the
[12:54]
ordinance. Um, so that's something if
[12:58]
you wanted to look into allowing
[13:00]
something, it would require significant
[13:03]
I would really have to dive in and look
[13:05]
at what kind of regulations we'd need in
[13:07]
order to allow that. And I don't it it
[13:10]
kind of gets more into an RV park or um
[13:14]
a totally different area. So I don't
[13:16]
know. I I really have to research that.
[13:19]
I guess the question is is that
[13:21]
something you want to allow? A lot of
[13:23]
these tiny homes can be moved, but
[13:26]
they're permanently affixed for the
[13:28]
period of time. And then every time a
[13:30]
home comes in, it would have to go
[13:32]
through building inspection and
[13:34]
permitting, make sure it's um meeting
[13:37]
all of the utility requirements.
[13:40]
So, is there a way of wording it in the
[13:42]
in one sense to I mean, I've seen some
[13:46]
buildings that are are pretty nice that
[13:48]
have that were on wheels at one time
[13:52]
that they haul up to the mountain and
[13:53]
they put skirting around them and, you
[13:57]
know, some 10 12 ft wide
[14:01]
» And and they put it on, but yet they're
[14:03]
also permanently connected to the sewer,
[14:06]
» Permanently connected to the power, not
[14:09]
by an extension core but by
[14:12]
you know meter base and all those
[14:15]
things. Um is there wording in our in
[14:19]
this when now where it states about the
[14:22]
requirements of those or just is it kind
[14:23]
of a general statement? So it it says
[14:27]
that they must um
[14:33]
trying to think basically the um
[14:38]
in design standards it must meet
[14:40]
existing standards for residential homes
[14:42]
as set forth in the Harrisville city
[14:44]
code. So,
[14:45]
» I think one way we can get around that
[14:48]
is uh or fix that is anything that's
[14:51]
registered to the DMV is not a permanent
[14:54]
home. So, anything on wheels is
[14:57]
registered at the DMV. Just so
[14:58]
everybody's aware of that.
[15:00]
» Yeah.
[15:00]
» Um and
[15:01]
» Including tin
[15:02]
» That wouldn't count. What?
[15:03]
» Including tiny homes.
[15:05]
» Uh they should be if they're on wheels
[15:06]
still. They're they're registered the
[15:08]
DMV. that once they take them off the
[15:10]
wheels and as long as they meet the
[15:13]
building standards, they can be wheeled
[15:15]
to the property permanently affixed, get
[15:18]
their building permit, and meet all the
[15:20]
standards and be a tiny home. So, they
[15:22]
can be constructed offsite and then
[15:25]
they'll just go through the building
[15:26]
process to be um permanent fixtures on
[15:29]
site. So, that's currently how it's
[15:31]
written. We wouldn't even have to add
[15:33]
anything about the DMV. Currently, they
[15:35]
have to meet building standards. And
[15:38]
there are a lot of pre-manufactured
[15:39]
homes, large and small, that are made to
[15:43]
be transported and then permanently
[15:46]
affixed to a site.
[15:48]
» I think if they follow the building
[15:50]
standards, I'm okay with
[15:54]
I guess what is the whole purpose of the
[15:56]
state wanting to bring this ordinance
[15:58]
in? What's the idea behind it versus how
[16:02]
is Harrison looking at it? Is it helping
[16:05]
our citizens?
[16:06]
» So your kids can live in your house.
[16:10]
» So your kids or your parents can live
[16:12]
with you but not in your house or else
[16:14]
living?
[16:14]
» Well, that's fine.
[16:16]
» It's that what the state's saying we
[16:18]
ought to do.
[16:19]
» Sorry. Go ahead. So what we found is
[16:22]
that they do increase housing
[16:23]
opportunity, but where you have a
[16:26]
permanent the a resident in charge of
[16:29]
maintaining it on site, it reduces a lot
[16:32]
of the problems we see with rental
[16:33]
properties while providing the benefit
[16:36]
of additional housing and income
[16:38]
opportunities for the residents. So the
[16:40]
balance I would say Grover is yes we
[16:43]
want to give ample opportunity that when
[16:45]
we were talking with the planning
[16:47]
commission it's like how do we give an
[16:48]
opportunity to all the residents without
[16:50]
creating something that is detrimental
[16:54]
to their neighbor. So is a home on
[16:56]
wheels detrimental to the neighbor? is
[16:59]
that
[17:01]
um that would be the question. Would you
[17:04]
expect to have a home there and gone and
[17:05]
there gone? And to your point before, if
[17:08]
we allow something like that, and I
[17:10]
still not sure we could, how do we
[17:12]
regulate it if someone's septic and
[17:14]
sewer and water and and things like that
[17:16]
or it's hard to regulate those on a a
[17:19]
mobile structure? Well, and that's just
[17:21]
fine. But now you kind of and now you
[17:26]
start watching people play the
[17:28]
borderline.
[17:30]
» What is the structure? What is not? It's
[17:31]
like an electric bike. What is it
[17:33]
classified as?
[17:34]
» Sorry.
[17:35]
» Yeah. And
[17:36]
» Nobody knows.
[17:37]
» Yeah. And right now I think it is well
[17:38]
defined that it has to meet um standard.
[17:42]
So I think we do have a a good standard
[17:44]
for that.
[17:45]
» Okay.
[17:46]
» If you're comfortable with it.
[17:47]
» I am. I'm fine. I just I just know.
[17:50]
Okay,
[17:50]
» Question after question after question
[17:52]
is going to come up.
[17:53]
» How does it fit in? Well, if it has to
[17:55]
be tied to sewer and it has to be tied
[17:56]
to main electrical.
[17:58]
» Uh, and then, you know, you got to
[18:00]
figure out a way to get it in the back
[18:02]
of your property because at this point
[18:03]
in time, I'd have to tear down fences or
[18:06]
get uh rightways
[18:08]
» Or crane,
[18:10]
put it on a crane, put it up over and
[18:11]
park it.
[18:12]
» Yeah.
[18:12]
» I mean, that's the only way it is.
[18:13]
» Yeah. But I think the other thing is
[18:16]
regulating it so that we can monitor
[18:18]
what's going on. When you start saying
[18:20]
this is a a rental unit, does that open
[18:23]
up the fact is it it it can't be a a
[18:26]
summer rental or a twoe rental. Even
[18:28]
though it says this, how do we monitor
[18:31]
the other side of it?
[18:32]
» And that is always the problem with the
[18:34]
short-term rental market.
[18:35]
» Yes, it is.
[18:36]
» And really,
[18:39]
it's it's complaint driven. Um, the
[18:42]
state has given us a little more leeway
[18:44]
at looking at what people are listing it
[18:46]
as, but if your neighbor is renting it
[18:47]
out, you can complain and and you can
[18:51]
find um legitimate reasons, you know, to
[18:54]
to make sure that those are not being
[18:55]
used as short-term rentals. We we didn't
[18:57]
require licensing unless it was rented
[18:59]
because we wanted to avoid unnecessary
[19:02]
we would like to know about all of the
[19:04]
homes being registered uh as ADUs, but
[19:07]
there was a concern that that might be
[19:09]
burdensome for someone who's building it
[19:10]
just for their family or just for a
[19:12]
guest house or something that's just
[19:15]
personal use, not as a business. Um and
[19:20]
so that was the concern was PL from
[19:21]
planning commission. They didn't want to
[19:23]
require all of them except if they were
[19:26]
going to rent them outside for money.
[19:29]
And so,
[19:29]
» But I guess that brings up the question
[19:31]
is, okay, we build it for a family down
[19:33]
the road and few years from now it
[19:35]
changes hands.
[19:36]
» Mhm.
[19:37]
» Okay. So, how do we know that person's
[19:40]
going to come in and do we have, you
[19:43]
know, what ordinances and sent, okay,
[19:46]
this is now yours, but you need to know
[19:48]
how to register this if you're going to
[19:50]
use it for anything but family. So, it's
[19:53]
the same as if with your primary
[19:54]
residence. You can you don't have to
[19:57]
live not primary residence, but any home
[19:58]
you buy, someone can rent it out
[20:01]
illegally or legally. We're going to
[20:02]
have the exact same problem with ADUs.
[20:04]
Sometimes they're going to be rented
[20:05]
legally, sometimes they're going to be
[20:06]
rented illegally. So, a building,
[20:10]
they're going to have to have a building
[20:11]
permit for every ADU they build. Uh, so
[20:14]
we will have a and to get a building
[20:16]
permit, they'll have to meet the ADU
[20:18]
standards. So, we will have a record of
[20:20]
the ADU being compliant because of the
[20:23]
building permit. Okay.
[20:25]
» But I know Rober mentioned some sort of
[20:28]
um document going with Sorry, Craig.
[20:32]
That is the worst
[20:34]
two. Craig mentioned something about
[20:37]
that. And we could put
[20:39]
» It right next to each other.
[20:40]
» I know.
[20:42]
So, we could put something on the um the
[20:46]
plat, I guess. I'm trying to think. uh
[20:48]
or the title or something that says it
[20:51]
does have an ADU, but I'd be more
[20:53]
nervous doing that because then if it is
[20:56]
destroyed and they want to rebuild, do
[20:58]
they know they have to come in and go
[20:59]
through the building process? Cuz the
[21:01]
idea is the building process is the the
[21:04]
vetting to make sure it's compliant. And
[21:07]
I don't necessarily want to give them
[21:08]
the right to tear it down and build it
[21:11]
and build it again without going through
[21:13]
the building process again.
[21:15]
» If that makes sense. Yeah, that's what
[21:17]
I'm saying.
[21:18]
» Okay.
[21:19]
» Okay. Other thoughts
[21:23]
» On Greg's questions?
[21:25]
» Yes.
[21:27]
» Questions of the text and
[21:30]
item
[21:31]
» Item. Let's see. Got here.
[21:38]
» I thought I thought your original
[21:39]
comment was is that the ADU had to be
[21:43]
smaller than the current
[21:45]
existing proposed
[21:47]
» All I remember this um
[21:50]
so
[21:53]
the planning commission was it it it is
[21:56]
limited in size but the actual ADU
[22:00]
portion of it but if you had like a
[22:02]
detached garage with an ADU above it the
[22:05]
full structure could be larger in square
[22:09]
footage. So, what we allowed for, and
[22:12]
this is something we spoke to them
[22:13]
specifically about cuz they had been
[22:15]
next door to properties that had done,
[22:17]
you know, the apartment above the
[22:18]
garage. And if you did that in your
[22:21]
backyard, we wanted to make sure that
[22:25]
it it didn't encroach on the neighbor.
[22:27]
And that's why we did the the limit of
[22:30]
one and a half stories, I guess, because
[22:31]
you can build in the attic um in your
[22:34]
backyard or if you can meet the setback,
[22:37]
you can go higher. Um,
[22:40]
so, so anyway, it the provision I'm
[22:43]
trying to think what he was addressing.
[22:46]
» He talks about zoning papers. That was
[22:48]
the next question we had.
[22:50]
» Yeah. Um, yeah. So, it it's all this
[22:53]
one. So, I think it was just
[22:56]
zoning. Yeah. Um
[23:00]
» So
[23:00]
» So the home it has to maintain the
[23:02]
setbacks of the the lot and either the
[23:06]
set for a detach it can maintain the
[23:08]
setbacks of the lot
[23:11]
or the accessory dwelling structure.
[23:14]
Um if it's going to meet the accessory
[23:16]
dwelling structure setbacks there are
[23:18]
further limitations. If you're going to
[23:20]
meet the zoning setbacks there are not
[23:22]
those same limitations.
[23:24]
» But if you wanted to if you had a multi
[23:27]
acreage property.
[23:29]
» Mhm.
[23:30]
» And you want to does it does the
[23:32]
regulations stop at one ADU or can you
[23:36]
have two or three ADUs?
[23:38]
» So right now you're limited to one ADU
[23:40]
for primary dwelling and you are limited
[23:43]
in that gross floor area. It cannot be
[23:46]
more than the primary dwelling.
[23:47]
» Okay. So it is limited there and he's
[23:51]
concerned about it not so in the
[23:56]
design standards it says uh scale and
[23:59]
massing detached ADUs shall be
[24:02]
subordinate in scale and massing to the
[24:04]
primary dwelling which should naturally
[24:06]
occur because they're supposed to be
[24:08]
smaller but if they did a bigger roof
[24:09]
pitch or you know there's ways to make
[24:11]
it look bigger the the except on larger
[24:15]
lots that's made the exception so
[24:16]
someone could have a barn and put the
[24:19]
ADU within it. So even though the whole
[24:23]
area would not be con considered, the
[24:26]
building that it's in would be larger in
[24:30]
size than the primary building.
[24:32]
» So one other question I this probably a
[24:35]
two-part question.
[24:37]
So when when you go through the design
[24:40]
standards of a zone of a particular
[24:43]
zoning area or how many homes are
[24:46]
potentially going to be built in, you
[24:49]
take into account sewer line sizes,
[24:52]
water line sizes, all those types of
[24:54]
things. Um
[24:57]
so when when you add an ADU, is that tip
[25:01]
of that scale, if you will? And you know
[25:04]
the um it's like right now in the bottom
[25:07]
Vista water per state standard we we
[25:11]
allow 34
[25:14]
it's 34 acre feet of water per unit.
[25:17]
» Mhm.
[25:18]
» Um but yet if you have an ADU unit on
[25:21]
there does that 34 still pertain to that
[25:25]
one lot? Right.
[25:26]
» Does it not?
[25:28]
» So
[25:28]
» How do how does that
[25:29]
» How do we accommodate that? How do we
[25:31]
protect that from having a lack of water
[25:34]
or that one
[25:37]
lot going over the 341 that's allowed?
[25:40]
» Yes. So that's where in utilities um we
[25:44]
this we want to have ADUs and the state
[25:47]
also said we need to have them. So
[25:49]
figuring out how that fits with our
[25:50]
infrastructure was definitely a concern.
[25:53]
I mean one note most how much water is
[25:56]
provided is one thing. the
[25:58]
infrastructure in general,
[26:00]
a lot of it is minimum sizing, which is
[26:03]
plenty of size to add a few in. Um, and
[26:07]
we if every single home has an ADU, it
[26:09]
might be starting to look different. Uh,
[26:11]
and and where it is. So, that's why we
[26:13]
put in that um the detach ADUs must have
[26:18]
adequate access to required utilities.
[26:20]
So first access and then a detached ADU
[26:23]
application may be rejected if a utility
[26:25]
service to which the ADU must make a
[26:27]
connection does not have sufficient
[26:29]
capacity to support the addition of the
[26:30]
ADU. So we did put a caveat that if like
[26:34]
Bonabus is going to be telling us yes or
[26:36]
no and we won't be able to decide that.
[26:40]
Um we've made determinations on sewer.
[26:42]
Uh so they will be required to be
[26:44]
connected to utilities and a utility
[26:47]
provider may reject them based on um
[26:50]
capacity.
[26:52]
» So do we know if Bonist
[26:54]
Bon Vista is addressing the same issue?
[26:58]
» So that's something we discussed.
[27:00]
» No, we don't know.
[27:01]
» I can tell you we're not.
[27:03]
» Okay.
[27:05]
In the end, that's why we put the caveat
[27:07]
there that was really that gave
[27:09]
Bonabistant blanket consideration for
[27:12]
rejecting them because we don't know
[27:14]
what their situation is and we have to
[27:17]
pass some we have to pass an AD
[27:19]
ordinance. So this way they can take it
[27:22]
on a case-byase basis and determine
[27:25]
what's required and and how to address
[27:28]
it from their end.
[27:31]
So,
[27:33]
I mean, this is kind of a
[27:37]
interesting question. I would put it
[27:38]
that way. Not not that I'm trying to be
[27:41]
discriminatory to anybody wanting to
[27:43]
build an ADU,
[27:45]
» But in trying to restrict the number of
[27:47]
ADUs that might be put in in a in a
[27:50]
subdivision,
[27:52]
» Are have we looked at the standards and
[27:56]
such that it makes it a little more
[27:58]
complicated to put them in?
[28:01]
That makes sense.
[28:03]
» I don't know if I follow.
[28:04]
» So, if I had a lot size, maybe say I
[28:06]
have a subdivision and I have 15,000
[28:09]
square foot lots. So, every one of them
[28:11]
could have an ADU if they really want
[28:13]
one,
[28:13]
» Right?
[28:14]
» Or even we'll take this development
[28:17]
right across the street.
[28:18]
» Mhm.
[28:19]
» There's what 32
[28:22]
houses or something like that in there.
[28:24]
» 23.
[28:25]
» 23. So 23 houses and half of them
[28:29]
decided to put a use in it and now it
[28:31]
becomes
[28:32]
» Not 23 houses but it becomes 50 houses
[28:36]
» Or
[28:38]
just went way out of
[28:40]
» But roughly 33 houses or 32 houses.
[28:44]
» Mhm. Um, and yet still you have the same
[28:48]
infrastructure in there and yet the city
[28:51]
I I don't want to be in the position of
[28:54]
well fortunately your neighbor was able
[28:57]
you know first come first ser was able
[28:59]
to get ADU and you can't go
[29:01]
» It it may come down to that but really
[29:03]
when it comes to capacity on the smaller
[29:06]
unless it's already
[29:08]
as in this city right now and I haven't
[29:12]
looked as closely at it as Matt Um,
[29:15]
generally there are undersized lines
[29:17]
that need to be improved no matter what
[29:20]
and are part of the city's plan to
[29:22]
improve. Um, but a minimum size line can
[29:25]
handle a lot more capacity than the
[29:27]
density of Harrisville is using right
[29:29]
now. So, I don't see that becoming a
[29:32]
huge issue except for localized areas
[29:35]
where we do have undersized for anything
[29:38]
kind of issues or um failing. And that's
[29:41]
why I put that caveat in. There may be a
[29:43]
few roles where we're thinking we we
[29:46]
need to address that issue which is an
[29:49]
ex existing issue.
[29:51]
» I think clarification on that rather
[29:53]
than ambiguity helps give some
[29:56]
direction.
[29:57]
» Okay. So my house, you know, is a newer
[29:59]
house. I know that it could comply as
[30:01]
far as that, but some other house that's
[30:04]
been in Harrisville that wants to put
[30:06]
one in, you know, that's a 60 or 70 year
[30:09]
old house may not comply to that. So, is
[30:13]
that ordinance allow for that type of
[30:16]
verbiage to be put in there to help it?
[30:18]
So, it helps clarify and stream that.
[30:21]
» So, we do have the verbiage about a
[30:23]
failing septic tank. um there there
[30:26]
isn't anything to prohibit um
[30:31]
or a failing lateral utility line. So if
[30:34]
a home has a failing lateral utility
[30:36]
line um they would need to address that.
[30:39]
And so I so we do have that in the code
[30:44]
that if you have a failing septic tank
[30:46]
like served by a failing lateral utility
[30:49]
line. Did we just put Oh, we don't have
[30:52]
septic tanks in Harrisville. That's why
[30:53]
I was like we changed it. We don't have
[30:55]
» Going to say I don't know.
[30:57]
» Sorry. Yeah. So, if you're if your
[31:00]
primary dwelling is served by a failing
[31:03]
um lateral utility line, then you would
[31:05]
need to address it, especially if you're
[31:07]
doing an internal ADU.
[31:10]
And if your home's new or old, that's
[31:13]
going to be a problem whether you have
[31:15]
an ADU or not. So,
[31:18]
» I don't know what other is there further
[31:20]
language you'd like to see. No, I just
[31:22]
want to make sure it's covering. When
[31:23]
you say utilities, is that covering
[31:25]
electrical, sewer, and water?
[31:28]
» Those are generally,
[31:30]
» You know, when you say utilities in
[31:32]
general. Okay. So, you can have not
[31:34]
enough power. That's understandable
[31:36]
because you're going to have to have
[31:37]
that regulated before you can have cut.
[31:39]
» Yeah.
[31:40]
» Okay. But water, we're back to the water
[31:42]
issue again. And now you've got more
[31:44]
people on the same amount of acreage,
[31:46]
foot acreage. That that one probably
[31:49]
concerns me more. I realize where you
[31:51]
put something. Okay. Bonavista could
[31:53]
say, "Nope, it's not going to happen."
[31:55]
Uh, but at the same time, do we need to
[31:58]
cover Harrisville a little bit better in
[32:01]
blinding rather than to say it's up to
[32:04]
Bonavista to tell us no?
[32:06]
» I don't think, and I'll have to look at
[32:08]
the state code again. I don't know that
[32:09]
we can ask for anything further than
[32:12]
that.
[32:12]
» And that's fine. I'm just asking
[32:14]
questions.
[32:14]
» Yeah, but I don't think there's I don't
[32:16]
think we need are allowed to, but I'll
[32:18]
I'll look. They
[32:22]
We're looking at um
[32:26]
» Yeah, I I can look and see if that's
[32:28]
something that could be allowed. The use
[32:30]
of
[32:30]
» I want to make sure it's clear. Is that
[32:33]
» Yeah, the Well, right now it's clear.
[32:35]
You It's It's served. It's um we're
[32:40]
talking about the lateral utility 9, not
[32:43]
the actual water. And so, we haven't
[32:45]
said anything about providing water. In
[32:48]
general, our indoor use is so small
[32:50]
compared to the outdoor use that
[32:54]
especially in these ADUs, it'll be
[32:57]
fairly negligible on the on the large
[32:59]
scale until we have every single home
[33:02]
with large ADUs.
[33:04]
» Sure.
[33:04]
» Coming in. And that might be when Monav
[33:06]
Vista starts asking for more water.
[33:09]
» Okay.
[33:11]
And that's fine. I just I you know I
[33:14]
realize this is a a network of er
[33:19]
and it's it's going to not we know that
[33:22]
» But I want to make sure that as we look
[33:24]
at the holistic of it we're trying to
[33:26]
take care of the needs of the city as
[33:29]
well as the needs of the citizens that's
[33:31]
all I'm confident
[33:35]
» I mean I have this I had this discussion
[33:37]
when my garden my backyard my wife said
[33:41]
absolutely Not you're not putting water
[33:43]
out there and now I need to have it
[33:45]
humidified
[33:47]
because I have dry it's a dry barn and I
[33:50]
have instruments that are suffering
[33:52]
during winter time.
[33:53]
» So what do I do?
[33:55]
» Yeah.
[33:55]
» Because as soon as I add water, I've
[33:57]
already got utility. I know I got
[33:59]
electric out there.
[34:00]
» Water. Oh, I need sewer and I can go
[34:04]
ahead and take my barn and it could be
[34:06]
an ADU.
[34:08]
» Exactly. And I know um Greg mentioned
[34:12]
this. Uh I should call him commissioner
[34:14]
Montgomery mentioned this. Uh anyone who
[34:18]
wants to
[34:20]
or council member, not commissioner get
[34:23]
all my cities mixed up. Council member
[34:25]
council, I just came from the planning
[34:27]
commission meeting. Um
[34:28]
» Let's just go back to Greg.
[34:30]
» Greg's fine. Okay.
[34:32]
So he mentioned that anyone can convert
[34:34]
their accessory dwelling unit as long as
[34:36]
it meets the requirements. So if it's if
[34:40]
it's placed close to that property line,
[34:42]
it's got to meet the height in the
[34:44]
window requirement. If it's far enough
[34:46]
away, then it'll meet the setback
[34:48]
requirements for the lot. So but and it
[34:51]
has to build the livable building
[34:53]
standards of a primary dwelling. It
[34:55]
would have to meet those.
[34:56]
» Sure.
[35:01]
I have an unrelated question if we're
[35:03]
ready for that.
[35:05]
» It's about parking. So, after I read the
[35:07]
part about parking, I was pretty
[35:09]
confused.
[35:10]
» Okay.
[35:10]
» Are we saying that they do need
[35:13]
additional parking or if they want
[35:15]
additional parking, these are the rules?
[35:18]
» No. Um,
[35:20]
it's required. So, I'll see it's
[35:23]
required. um regardless of whether the
[35:27]
primary dwelling is existing or new
[35:28]
construction. So, we wanted to make sure
[35:30]
they knew that if you build a new home
[35:32]
or if it's an existing home, you need
[35:34]
one additional lot, one additional
[35:36]
on-site parking space requires an
[35:38]
internal ADU or a DTAU with less than
[35:42]
650 ft of living space. Now, the um the
[35:47]
650 came from just what we felt was
[35:51]
reasonable to ask for size-wise for a
[35:54]
detached and internal ADU. We cannot by
[35:58]
state law ask for more than one
[35:59]
additional parking space. And then the
[36:01]
two additional parking spaces are for
[36:04]
any detached ADU exceeding 650 ft of
[36:07]
living space. Um
[36:10]
the part that Oh, is it required ADU? Is
[36:12]
that the next one? I guess the question
[36:14]
is it it says additional
[36:18]
parking but I'm not sure if that
[36:21]
additional be above and beyond what so
[36:23]
what already exists may be that there's
[36:26]
a side driveway or something. So can
[36:28]
that be counted toward this requirement?
[36:31]
if it meets the parking requirements
[36:33]
that we have in the um that are in the
[36:37]
other part of the code if it they what
[36:40]
we're trying to do in additional is
[36:42]
making sure they're not taking the
[36:43]
required parking for the primary
[36:45]
dwelling and counting it as the ADA
[36:47]
parking as well.
[36:48]
» Yes. So then my question is if the
[36:50]
existing primary residence already has
[36:53]
extra parking.
[36:54]
» Yes, they can use that.
[36:55]
» They can use that. And so what's
[36:57]
considered extra
[36:59]
like additional.
[37:01]
» Yeah. So, let's say the primary
[37:03]
residence has a twocar garage plus a
[37:06]
driveway that's the same width.
[37:08]
» Yes.
[37:09]
» Is then is it additional beyond that
[37:11]
that's required? But what if they
[37:13]
already had say a side driveway that
[37:15]
goes to the side of their garage? Does
[37:17]
can that be counted towards?
[37:19]
» Yes.
[37:19]
» I'm I'm not following if it's what
[37:21]
already exists. We have to build beyond
[37:23]
that or we can count what already
[37:25]
exists. If it's above what?
[37:27]
» Yes. So, and we can look and I can work
[37:30]
on the language here. Uh,
[37:35]
so right here I just say additional, but
[37:37]
I could say additional to required
[37:38]
parking and that might make it more
[37:40]
clear.
[37:42]
» So, so I guess part one is what's
[37:44]
required if they're going to build an
[37:46]
ADU.
[37:48]
Um,
[37:48]
» And part two is if they want more
[37:50]
parking, then this is what they have to
[37:53]
follow.
[37:53]
» Oh, A and B. Those Oh, you're talking
[37:56]
about 09.04. 040 is that parking
[37:59]
regulations
[38:01]
4040.
[38:02]
» Oh, is Oh, just the parking b the code
[38:04]
itself.
[38:05]
» Yes, the code.
[38:06]
» Okay. Yes. Um,
[38:08]
» So part one is this is what is required
[38:10]
if you build an ID.
[38:12]
» Oh, part one is the parking regulations
[38:14]
for all single family homes.
[38:16]
» Okay. So, it's just a restatement of
[38:18]
what already exists.
[38:19]
» It it's just referring So, these um
[38:22]
these code revisions are actually a
[38:24]
separate part of the code from the ADU.
[38:26]
They were ones that were revising that
[38:28]
applied to all of our residential lots
[38:31]
because they were non-compliant.
[38:34]
» Okay.
[38:34]
» Does that help?
[38:36]
» Yes, I think that helps.
[38:37]
» Sorry.
[38:38]
» Yeah. So, the additional off street
[38:40]
parking is most likely what they'd be
[38:42]
looking at because they're trying to
[38:44]
most likely add parking for their new
[38:46]
residence.
[38:46]
» Perfect. Yes.
[38:47]
» Okay. But so then the requirements are
[38:50]
that they have
[38:52]
two required off-street parking spaces
[38:56]
and access to those parking spaces is on
[38:58]
a concrete or asphalt driveway
[39:02]
off. So you're saying that an ADU can
[39:05]
only have but it says minimum. That's
[39:08]
what confused me. Is this not a maximum
[39:10]
two
[39:14]
» Or are we talking about the average?
[39:15]
Okay. going to be out.
[39:17]
» Addition A part I
[39:20]
» The dwelling unit has the minimum number
[39:22]
of two required off streetet parking
[39:24]
spaces. Yes. So if it has the minimum of
[39:29]
two
[39:29]
» The original dwelling unit.
[39:31]
» Yes. The original dwelling unit must
[39:32]
have the two that are required
[39:34]
» And that would count. A driveway would
[39:36]
count for that.
[39:37]
» No, the driveway is specifically
[39:39]
excluded because it's in the front yard
[39:42]
set back. The only part and there's that
[39:44]
diagram. The only part of the front yard
[39:46]
setback that's allowed for parking and
[39:49]
this is what's currently in the code is
[39:51]
anything from the side of the house to
[39:53]
the sideyard. So to the side of the
[39:56]
driveway. So the driveway needs to well
[39:59]
remain clear so people can enter the
[40:01]
garage or they can park in the driveway
[40:05]
but it's not counted as their parking I
[40:07]
guess. Okay.
[40:09]
So, this part A of section two about
[40:13]
additional off street parking. Sorry, I
[40:15]
feel like I'm really slow on this, but
[40:17]
» This is confusing to me.
[40:20]
» They may not park or store additional
[40:23]
vehicles unless there are two parking
[40:27]
spaces aside from the driveway
[40:30]
» On the original building.
[40:31]
» Yes, this is saying. So, the original
[40:34]
building would have to have a twocar
[40:35]
garage at a minimum or a twocar parking
[40:39]
space that's unobstructed that they can
[40:41]
get to. That's why the driveway doesn't
[40:43]
count is you have to be able to get to
[40:46]
that. Um, well, it doesn't count cuz we
[40:49]
said we don't want it to count basically
[40:51]
by the front setback ruling. Um, we used
[40:55]
to in the code say um they had to be
[40:58]
side by side, not tandem parking. Um but
[41:01]
the state got rid of that allowance and
[41:03]
said you had to allow tandem parking.
[41:06]
Okay. In my experience, nobody uses
[41:08]
tandem parking and so we um made sure
[41:12]
that the front yard setback couldn't be
[41:14]
used and that eliminated that access
[41:16]
requirement for the side by side or for
[41:20]
if someone has
[41:21]
» It seems like the goal of this is to
[41:22]
make sure that there's adequate parking
[41:24]
for the ADU that doesn't obstruct the
[41:26]
original primary residence and doesn't
[41:31]
allow them to park just in the yard in
[41:34]
the backyard. Uh
[41:36]
» Unless it's uh
[41:39]
there are recreational vehicle.
[41:42]
» Yes,
[41:43]
that's what it seems like from here. I
[41:45]
don't we don't really rec regulate the
[41:47]
backyard as much. So I there won't be as
[41:50]
much regulation on where it happens in
[41:52]
the backyard, but we really do want to
[41:54]
control the front yard and make sure
[41:56]
that there is a place for the cars to
[41:58]
park so they're not forced to park on
[41:59]
the street that they have an option off
[42:01]
the street. But it also has to have did
[42:03]
it have to have hard surface
[42:05]
» Only only for access
[42:08]
» So not so it could be parked on gravel
[42:11]
» And that's what the planning commission
[42:13]
was hoping for is the allowance for
[42:16]
gravel. Um, we we ended on um
[42:25]
I'm trying to put the two codes
[42:29]
together, but yes. Um,
[42:38]
» Yes, it's it just needs to meet the off
[42:41]
streetet parking which does allow for a
[42:44]
gravel space. So, as long as the very
[42:46]
first part as you pull in is
[42:48]
» Yeah. You pull into the driveway that's
[42:50]
hard surfaced and then you can go onto
[42:52]
the gravel.
[42:53]
» Okay.
[42:55]
» So, my side driveway right now is all
[42:57]
gravel. So, that wouldn't count.
[42:59]
» The side driveway is the one exception
[43:02]
um allowed in the code in the front set
[43:04]
back just that side driveway.
[43:06]
» Perfect. Thank you.
[43:07]
» As long as it's not a corner lot and
[43:09]
that's not adjacent to the street.
[43:11]
» Yes. Then they can't park there. So
[43:13]
parking is just I think as a neighbor
[43:16]
that's one of the biggest headaches if
[43:18]
your neighbor has maybe you and their
[43:20]
cars are everywhere that so that's why
[43:23]
this matters to me and so thank you for
[43:25]
taking the time to explain I think it
[43:28]
matters to everyone I think it's
[43:29]
important
[43:37]
» So talking about parking sorry
[43:41]
talking about parking one of the
[43:42]
questions
[43:44]
And I'm referencing your diagram for
[43:46]
something like this. You show the two
[43:48]
sides of the home. What do you do in the
[43:51]
instance where there's not a drive cut
[43:53]
in? Are we going to allow more cutins to
[43:56]
the streets
[43:58]
» There? We already have an ordinance
[44:00]
about how close the cutins can be. Yeah.
[44:03]
So that's already regulated. It'd be the
[44:05]
same as if they wanted to put a cut in
[44:07]
for access to an accessory building in
[44:11]
the back. So we follow those samples.
[44:14]
» Remind me what that is if you
[44:16]
» Know I'm not positive. I
[44:18]
» Foot to the property line for storm
[44:21]
water.
[44:22]
» So they can do a curb cut. Is that is
[44:24]
that what you're referencing? The curb
[44:25]
cut can be within one one foot of the
[44:28]
property line.
[44:30]
» And the driveway width they have a
[44:32]
maximum of 32 ft.
[44:35]
» So in many instances like for example
[44:38]
where I live there's only 8 ft.
[44:41]
So there's not half that space to add an
[44:44]
additional parking.
[44:46]
» Oh, where the cut in is only 8 ft
[44:48]
» From the property line to the edge of
[44:50]
the house is 8 ft.
[44:51]
» Oh, yeah. If your setback's only 8 ft,
[44:54]
you would be limited there. Yeah.
[44:57]
» But you could we'd assume a lot of
[44:59]
people you can access you can go on the
[45:01]
driveway and then to the sideyard
[45:03]
without creating a new cutting.
[45:06]
Oh, the only the only other option would
[45:07]
be to do a driveway on the other side of
[45:10]
the house.
[45:13]
» Oh, homes that are in in that portfol.
[45:33]
» I'm trying to remember. Especially
[45:35]
mine's right next to a utility box.
[45:38]
» Yeah, I think I think it's as long as
[45:40]
you're within the foot for the
[45:41]
encroachment permit. We just require
[45:43]
that you have an encroachment permit to
[45:45]
do that currently.
[45:46]
» Okay. So, you can if you get
[45:48]
» Yeah. Okay.
[45:49]
» I'll look into that. But I believe it's
[45:51]
pretty liberal. I mean, I was when I was
[45:52]
reading through it, it's been probably a
[45:54]
year since I looked at that.
[45:56]
» Unless Unless you deal with your dog on
[45:57]
my way.
[45:59]
» Sorry.
[46:02]
» And I apologize that I'm a little late.
[46:04]
I had a late appointment at work that
[46:06]
went way long, but I have I did have a
[46:09]
couple questions. Um,
[46:12]
so the questions that I have were about
[46:15]
um, and you may have already discussed
[46:17]
these, so if you have, please let me
[46:19]
know and I'll I'll just catch up later,
[46:22]
» But we talked about um, restrictions as
[46:25]
far as um, short-term rentals um, and
[46:29]
that. And I'm I'm just wondering if you
[46:33]
know when we're when we're talking about
[46:34]
enforcement,
[46:36]
how do you enforce something like that?
[46:39]
» Currently, it is difficult. It's it's
[46:41]
complaint driven. It's it's just
[46:44]
something that um the state has eased up
[46:46]
a little bit. They used to not even let
[46:49]
you look at the listings, but now you
[46:50]
can identify them through the listings,
[46:52]
but it would be complaint driven.
[46:55]
» Okay. And is there a reason why we
[46:59]
wouldn't allow that?
[47:01]
» The goal is to provide more housing and
[47:05]
we wouldn't be meeting the additional
[47:09]
housing for Parisville. We'd be
[47:11]
providing extra income for the
[47:13]
residents, but we wouldn't be providing
[47:16]
more housing necessarily. I think the
[47:18]
biggest um the biggest issue would be
[47:21]
the when you're changing changing
[47:24]
occupants often that creates a greater
[47:26]
nuisance. So in the scale of balancing
[47:28]
things out that would be something to
[47:30]
consider is new continual new residents
[47:33]
when they don't live there and they're
[47:34]
leaving the next day. They're not as
[47:37]
great of neighbors to have.
[47:40]
Well, but if it's the ordinance is
[47:43]
already requiring that you have an owner
[47:45]
occupied that's at the
[47:47]
» Oh, and I forgot to say by state law
[47:50]
they cannot have I'm trying to think if
[47:53]
this was mandatory. I guess I'd have to
[47:55]
look this that um I thought the state
[47:58]
law made it mandatory that you cannot
[48:00]
use them as
[48:03]
Jenny. You're going to have to pull this
[48:05]
up for me again
[48:08]
cuz I'm trying to remember if it said we
[48:09]
could we could restrict it or we had to
[48:12]
restrict it. Do you remember?
[48:15]
» I'm trying to remember from the
[48:16]
ordinance. I just need your face.
[48:20]
» I can't remember if the ordinance stated
[48:21]
that we could restrict it or we had to
[48:24]
restrict it from um short-term
[48:27]
» Rentals.
[48:30]
Uh let's see. I'm pretty sure it said we
[48:34]
could
[48:34]
» It's not my understanding is it's not
[48:36]
applicable for short-term rentals.
[48:39]
That that would be a separate if we
[48:41]
wanted to allow short-term rentals. That
[48:43]
would be a separate.
[48:45]
» So it doesn't mean that they couldn't
[48:47]
happen. It just means that it would be a
[48:49]
part of this.
[48:50]
» I understand.
[48:51]
» Okay. I I was just curious because I I
[48:54]
think my number one concern is having
[48:56]
something that's a a law. what this are
[48:59]
going to be. Well, you can we can
[49:00]
approve an accessory dwelling unit, but
[49:02]
only if Well, I'm like, well, how's that
[49:05]
enforceable? Because I I hear people all
[49:08]
the time say it's we have ordinances on
[49:11]
the books, but yet we can't enforce
[49:13]
those. And I would like to know
[49:16]
enforcement,
[49:17]
how enforcement would happen on things.
[49:21]
And it's, you know, it's it's one of
[49:24]
those things that we want to make sure
[49:26]
we're not just having a law that is on
[49:28]
paper but not enforceable.
[49:31]
» Well, it just comes down to funding to
[49:33]
be quite honest at city level. This city
[49:35]
can enforce as much as they want to fund
[49:38]
and as much as they're able to fund, I
[49:40]
think, and and then you just end up in
[49:42]
that in that balance. So, not
[49:45]
introducing the ordinance, I I don't
[49:47]
know if that really solves the problem.
[49:48]
We do have a lot of ordinances and we we
[49:51]
operate on kind of a platform of trust
[49:54]
in communities. Um but it would just
[49:56]
depend on how much of the city's
[49:58]
resources they would want to dedicate to
[49:59]
enforcement. But absolutely they could
[50:09]
have
[50:11]
run out of time.
[50:17]
Greg, do you have any you'd like to
[50:19]
follow up on? We did follow up on
[50:22]
yours.
[50:24]
» You didn't just you didn't hear the
[50:25]
answer.
[50:26]
» Oh, no. I did hear the answer. So, yeah.
[50:28]
I don't know what what to say. I guess
[50:30]
it was just public meeting. I'll just
[50:33]
» Okay.
[50:33]
» See in the presentation what's to cover.
[50:37]
All right.
[50:41]
» We got like three minutes.
[50:46]
If not, we'll close the work session.
[50:49]
» You're the boss.
[50:50]
» Okay, let's do it.
[50:59]
» We need a motion to
[51:01]
make a motion to close the work session.
[51:03]
» I'll make a motion to close the work
[51:05]
session.
[51:05]
» So, I have a motion and a second. I'll
[51:07]
second. All in favor?
[51:12]
Okay, we're going to start by having the
[51:14]
pledge of allegiance by
[51:18]
» Council member.
[51:21]
All right, everyone please stand.
[51:26]
» Ready, begin.
[51:28]
» I aliance to the flag of the United
[51:31]
States of America and to the republic
[51:34]
for which it stands. One nation under
[51:37]
God, indivisible, with liberty and
[51:40]
justice for all.
[51:50]
Our dear father in heaven, we are so
[51:51]
thankful to be gathered here this day as
[51:53]
as residents of Parisville and the city
[51:56]
council. We pray that we will be guided
[51:58]
by thee and by thy spirit. that we will
[51:59]
make wise decisions that are pleasing
[52:00]
unto thee and that we will do what is in
[52:03]
the best interest of the residents and
[52:04]
we say these things in the name of Jesus
[52:06]
Christ. Amen.
[52:07]
» Amen.
[52:10]
» Our next item on the agenda is public
[52:12]
comment before we go up and have a
[52:15]
public comment. I would like to make one
[52:17]
comment
[52:19]
well a few comments but one try to keep
[52:21]
it to three minutes. You're more than
[52:22]
welcome to come up and share your
[52:24]
thoughts.
[52:26]
We did hear that there may have been
[52:29]
miscommunication that has occurred
[52:31]
somewhere down the line and there is not
[52:34]
a public hearing today for anything to
[52:36]
do with West Harrisville Road or the
[52:39]
rideway. It's strictly a discussion that
[52:42]
goes amongst the council that the
[52:44]
council brought up regarding want to see
[52:47]
some of the avenues there. But there's
[52:49]
not any decisions going to be made
[52:51]
tonight. There's no no public hearing,
[52:55]
but if you want to comment it, you're
[52:56]
more than welcome to comment.
[52:59]
So, if you'd like to comment, please get
[53:01]
up, state your name, email address, and
[53:05]
your email address, and uh your concern.
[53:12]
» Good evening. My name is Mike Dere. I am
[53:15]
a trustee of the um property at 5967
[53:18]
West.
[53:20]
Um, email is miked debris 670gmail.com.
[53:24]
What else would you like to know?
[53:26]
» You got your name. You got the email
[53:27]
address. That's good. Y
[53:30]
» And I'll try to keep this real brief for
[53:32]
you. So, Mayor Sham, members of the city
[53:35]
council, tonight I want to share with
[53:36]
you some concerns that many residents
[53:38]
have regarding the widening of the road.
[53:41]
My dad and brother recently met with
[53:42]
Shannon Wix, some of the avenues
[53:43]
consultants of Cody and Cody from ESI to
[53:46]
discuss the impact of the property.
[53:48]
During the meeting, Cody laid out a
[53:50]
tenative design plan detailed and the
[53:52]
impact it would have on the property.
[53:54]
There are a couple of questions that we
[53:55]
have regarding the project. First, the
[53:57]
easement or ride ofway. If the city has
[54:00]
a 99 ft rightway then that they maintain
[54:04]
then in fact then why is the city
[54:07]
offering just compensation for taking
[54:09]
out trees, grass, sprinklers, fences,
[54:11]
etc. that are impacted by the
[54:13]
development but not offering
[54:14]
compensation for the actual taking of
[54:15]
the land itself. The question was posed
[54:18]
to both Shannon and Cody during the
[54:19]
meeting and the response was the city
[54:21]
wanted to be good neighbors by helping
[54:23]
out impacted landowners. Why would a
[54:25]
city spend limited taxpayer dollars on a
[54:28]
select few people simply to be
[54:30]
neighborly? This approach does not seem
[54:32]
equitable for the broader taxpaying
[54:33]
citizens of Harrisville City. Also, if
[54:36]
the city has a right of way that they
[54:38]
think they have, then why would the
[54:39]
property owners be asked to sign a
[54:41]
warranty deed transferring their
[54:42]
property to Harrisville City and then
[54:44]
reported to the county? A valid right
[54:46]
ofway does not require a transfer of
[54:48]
property. Nor does it require consent
[54:50]
from current owners. If the city wanted
[54:52]
me to transfer my property to them, then
[54:55]
I need to be properly compensated for
[54:57]
that property at fair value. I have yet
[55:00]
to receive the city's survey showing
[55:01]
where the easement even exists. We have
[55:03]
requested that.
[55:06]
Second, um current design project room
[55:09]
for improvement. A bike lane. I
[55:11]
understand the six foot bike lane was
[55:12]
part of the grant proposal by putting um
[55:14]
a bike lane for less than a half a mile
[55:17]
in the current scenario and it doesn't
[55:20]
connect to anything. It seems seems like
[55:22]
a pretty big waste of uh federal and
[55:24]
state tax dollars. I also recognize that
[55:27]
one could argue the project could simply
[55:29]
be in phase one and the future projects
[55:30]
or phases could connect the bike path
[55:32]
further, but that might take decades for
[55:35]
that to even happen. I would ask the
[55:36]
council to reconsider the inclusion of a
[55:38]
bike lane. sidewalks. The tenative
[55:41]
design also calls for a current 7 foot
[55:43]
wide sidewalk. By the way, the standard
[55:44]
sidewalk is 4 ft um west of of all of
[55:47]
that new development potentially. Why is
[55:49]
such a large sidewalk necessary in
[55:51]
keeping with agriculture residential
[55:53]
zoning in the neighborhood? With the 700
[55:55]
ft sidewalk, the irrigation head gates
[55:57]
would physically sit in the sidewalk.
[55:59]
This design creates a safety hazard for
[56:01]
those who end up using the sidewalk. Not
[56:02]
to mention, it could be costly to
[56:04]
repair. Additionally, all the resident
[56:06]
mailboxes would physically be located in
[56:08]
the sidewalk. again creating a safety
[56:10]
hazard for those um using it. Lastly,
[56:14]
when it shows the walk needs to be
[56:16]
cleared, there's an increased burden for
[56:18]
residents to clear such a large area
[56:20]
with snow. The snow plows will push the
[56:22]
snow right up into that sidewalk area
[56:24]
because there's nowhere else to put it.
[56:26]
So, the ask is simply, would you please
[56:30]
slow down and reconsider what we're
[56:33]
doing as a long-term
[56:35]
process? So, thank you for your time.
[56:41]
Hi, Danny Hammond with the Young
[56:42]
Automotive Group. I'm not here to talk
[56:44]
about Harrisville Road, but I am here to
[56:45]
talk to you about what the Young
[56:47]
Automotive Group can do here for you as
[56:49]
a city. I up until July of this year, I
[56:52]
was a municipal employee. I was in
[56:54]
charge of a fleet and I know what that's
[56:56]
like. I also served in my city council
[56:58]
and on the planning commission and
[57:00]
Syracuse where I grew up. So, I kind of
[57:02]
know what it's like to be in your shoes
[57:04]
and to be looking at how you can use
[57:05]
your best use of tax dollars and when it
[57:07]
comes to tight budgets, how you make
[57:09]
that all work. And a lot of times when
[57:10]
people see the Young Automotive Group,
[57:12]
they see the buildings, they see how big
[57:13]
they are, and they think, "Oh, they got
[57:14]
to be the most expensive." And the
[57:16]
reality is that's just not the truth.
[57:18]
So, in October 1st, all the new state
[57:20]
contracts are going to go into effect
[57:21]
for automotive prices, and we would love
[57:24]
for a chance to earn your business. Um,
[57:27]
and in addition to uh the automotive
[57:30]
side of buying and selling vehicles, we
[57:33]
also do some other things that could aid
[57:34]
in your municipal uh endeavors there.
[57:37]
The next of which would be collision
[57:38]
services. So, we're on state contract
[57:40]
for collision services in Weaver County.
[57:42]
We have a facility out on 24th Street or
[57:46]
uh we can take care of any of your
[57:48]
vehicles you have. Anything that's
[57:49]
police or fire or something you can't go
[57:51]
to enterprise and rent, we'll get you
[57:53]
first available bay, get your vehicle
[57:54]
in, get it fixed at the safe contract
[57:57]
prices, which in Wever County are some
[57:59]
of the best there are, and get you back
[58:01]
on the road and taken care of. In
[58:03]
addition to the collision services, we
[58:05]
also do upfitting. And so when you comes
[58:08]
to your public works vehicles, you've
[58:09]
got your service trucks, you need a
[58:11]
truck that has a boom on it, so you can
[58:13]
put up Christmas lights and trim trees
[58:14]
and things like that. We do all of those
[58:17]
trucks right at our uh center in
[58:19]
Cisville where we'll put where we'll
[58:21]
build them. We'll get a cabin chassis,
[58:23]
we'll build a service body, we get all
[58:25]
the stuff on there and we do it all at
[58:27]
that state contract price. And so we're
[58:30]
for you guys and kind of the educational
[58:32]
side of things is you'll hear a lot from
[58:35]
various vendors of state contract price,
[58:37]
state contract price, and they notice
[58:38]
you have your your audit here today. And
[58:41]
one of the things that I used to do is
[58:42]
I'd sit down with our auditor and talk
[58:44]
about all the things I used to be over.
[58:46]
And my auditor always wanted me to have
[58:48]
state contract or three bids. And so I
[58:51]
would go out and get three bids and have
[58:53]
to play the big game and then state
[58:55]
contract. And then I got hired in my
[58:57]
capacity here. And then I come to
[58:59]
realize that not all state contract
[59:00]
pricing is the same. And the Young
[59:03]
Automotive Group when it comes to their
[59:05]
business model is they make their money
[59:07]
in volume. They don't make their money
[59:09]
by coming in and charging different
[59:11]
cities and people a lot of money and
[59:14]
large markups and things so that they
[59:16]
take all this money from any one
[59:17]
individual entity. They make their money
[59:19]
by doing volume. Last year, the group
[59:21]
that I'm in sold almost 9,000 vehicles.
[59:24]
And when you look at all of our state
[59:26]
contract pricing and the services we
[59:28]
provide to you as a city, you'll see
[59:30]
that our margins are thin, our prices
[59:32]
are low, and we would love for the
[59:34]
opportunity to build a relationship and
[59:35]
earn your business. So, good luck
[59:37]
tonight and thank you for your time.
[59:53]
» I'll try to get this done with a little
[59:55]
bit of here. Good evening, mayor. Good
[59:59]
evening, members of the council and
[1:00:00]
planning commission. My name is Kevin
[1:00:02]
Barb. I live and I'm an owner on North
[1:00:04]
Harrisville Road. I'm here tonight to
[1:00:06]
enter a formal public objection to the
[1:00:09]
uh uh permanent record regarding the
[1:00:13]
cascading impact of ordinance 575 and
[1:00:15]
the West Harrisville Road widening
[1:00:17]
project. Historically, both West and
[1:00:19]
North Harrisville Road have been an
[1:00:21]
agriculture backbone of the community.
[1:00:24]
Our properties are active use
[1:00:25]
agriculture atmosphere. This uh city,
[1:00:29]
excuse me, the city owns this city, this
[1:00:33]
city general plan exclusively uh pledges
[1:00:36]
to protect for us. First, we are facing
[1:00:39]
immediate crisis regarding municipal
[1:00:41]
overreach and property line
[1:00:43]
manipulation. The city is attempting to
[1:00:45]
assert an outdated
[1:00:48]
historical 99 foot county right away
[1:00:52]
claimed along the corridor. This
[1:00:54]
directly contradicts the decades of
[1:00:56]
legal records uh private subdivision
[1:00:59]
plots and established a narrow 66 to 86
[1:01:03]
ft reality by using an unproven
[1:01:06]
historical claim to push construction
[1:01:08]
boundaries into our front yards without
[1:01:11]
formal
[1:01:12]
uh amendment domain filing
[1:01:16]
and adverse
[1:01:18]
excuse me
[1:01:21]
a just compensation city open itself
[1:01:24]
up to serve to serve legal exposure and
[1:01:28]
reverse uh condemnation lawsuit. We have
[1:01:30]
already seen independent utility
[1:01:32]
districts digging trenches and damaging
[1:01:35]
yards without providing property owners
[1:01:37]
with timely notifications. Second, the
[1:01:40]
city is engaged in a dangerous uh
[1:01:42]
engineering negligence by ignoring the
[1:01:45]
uh unstudied funnel effect on North
[1:01:48]
Harrisville Road. Utah land use law
[1:01:50]
mandates that you evaluate and and
[1:01:54]
communive impact of development. Yet the
[1:01:57]
city has produced zero traffic modeling
[1:02:00]
showing that how North Harris School
[1:02:01]
Road will handle the in inevitable
[1:02:05]
overflow bottleneck caused by West
[1:02:07]
Harrisville Road construction and
[1:02:09]
increased subdivision density. North
[1:02:11]
Harrisville Road features zero
[1:02:13]
sidewalks, zero structured gutters, and
[1:02:16]
zero engineered safety setbacks, forcing
[1:02:19]
high volume urban commuter traffic onto
[1:02:21]
the narrow open shoulders where farm
[1:02:24]
equipment, tractors, and livestock road
[1:02:26]
creates an extreme public safety hazard.
[1:02:28]
Third, the widening is a manufactured
[1:02:31]
emergency. Independent data shows that
[1:02:34]
West Harrisboro can easily handle its
[1:02:36]
current localized volume. Over 81% of
[1:02:39]
the areas community travel out of the
[1:02:41]
city along for work. This expansion is
[1:02:44]
not being driven by the needs of
[1:02:45]
existing residents. It is being
[1:02:48]
aggressively pursued solely to satisfy
[1:02:52]
the future traffic model of developers
[1:02:54]
like the 13 home layout on 640.
[1:02:57]
Furthermore, and I'll finish up, uh
[1:03:01]
my concern is there's just not enough
[1:03:04]
evidence given to the citizens. There's
[1:03:06]
if you go on public records, all the
[1:03:08]
permits, all the studies, everything
[1:03:10]
that's needed uh aren't being done.
[1:03:13]
They're not filed.
[1:03:14]
» We don't even we don't even have a final
[1:03:16]
plan all the way.
[1:03:18]
» We're at 90%.
[1:03:20]
» I appreciate that, Mayor. That that I I
[1:03:22]
do I really do appreciate that. I'm just
[1:03:24]
bringing up things that people are
[1:03:26]
coming to. I thank each of you and I
[1:03:29]
just consider you to work on that.
[1:03:32]
Appreciate you very much. Thank you.
[1:03:49]
Marvin Ferrell. I reside at uh 2470
[1:03:53]
North 750 West. Marvin Ferrell
[1:03:55]
atmssn.com.
[1:03:57]
I have a partial that is at 607 West
[1:04:02]
Road. Uh again, West
[1:04:06]
uh uh and I understand there's not a
[1:04:09]
discussion for tonight, but this needs
[1:04:11]
to be brought up and some information. I
[1:04:14]
sent out a a email to each one of you uh
[1:04:17]
if you had got it. So I'll just briefly
[1:04:20]
uh go through this
[1:04:23]
um that I that I have uh stating that uh
[1:04:27]
six months approximately about six
[1:04:29]
months ago uh we started a discussion on
[1:04:31]
Westville Road and it was brought up
[1:04:33]
that there was an 1885 uh right of way
[1:04:37]
along the road. Uh looking into that it
[1:04:41]
talks about the the road starting in in
[1:04:43]
the town of Lynn at a sandstone monument
[1:04:46]
which neither one of those exist today.
[1:04:48]
And so the starting point uh is not
[1:04:51]
there. So with the further discussion uh
[1:04:54]
I contacted the state of Bunsman. Uh
[1:04:58]
that was a transfer of uh emails back
[1:05:00]
and forth from uh the city to Bunsman
[1:05:03]
and back to myself. Uh nothing really
[1:05:06]
got accomplished at that uh time uh that
[1:05:09]
I filmed. And uh uh then then uh uh Cody
[1:05:17]
from uh ESI and Shannon Wixon, they
[1:05:20]
they've contacted me. We we've uh had a
[1:05:23]
couple of discussions along there and
[1:05:25]
I'd like to bring up the same uh
[1:05:27]
comments that uh Mike did and one of
[1:05:30]
those is the uh construction easement.
[1:05:33]
Along with that is the um
[1:05:37]
uh warranty deed that uh that we needed
[1:05:40]
to sign that warranty deed. If we didn't
[1:05:42]
then uh we wouldn't be paid for our
[1:05:45]
fences or uh any of the other uh
[1:05:48]
structures that that were there. Also uh
[1:05:52]
in front of uh Mr. Dan Baitman's
[1:05:54]
property uh there is a monument that is
[1:05:57]
in the ground that says Utah State
[1:05:59]
Rightway. Uh looking further into that
[1:06:02]
with Utah, it shows that
[1:06:05]
uh that is uh for an 80FT rightway uh
[1:06:09]
along there and there's several there's
[1:06:11]
a few other monuments along there but
[1:06:14]
they've yet to be be found. Uh I'm
[1:06:17]
running short on time.
[1:06:19]
Um,
[1:06:21]
so along West Seris School Road and and
[1:06:23]
the setbacks, the the city has approved
[1:06:26]
those and
[1:06:28]
uh everything that I've been able to
[1:06:30]
find is an 80ft road along with the
[1:06:32]
setbacks. Um, if we do an 80ft roadway
[1:06:37]
uh would allow for utilities, including
[1:06:39]
air the irrigation ditch fit to fit
[1:06:42]
appropriately with the uh corridor.
[1:06:46]
uh the the seven side seven foot
[1:06:48]
sidewalk I don't think is necessary if
[1:06:50]
we have if we use a park strip then we
[1:06:52]
could put the irrigation in there uh so
[1:06:55]
I just ask the council and thank you for
[1:06:58]
your time
[1:07:00]
but anyway look at your look at your
[1:07:02]
source and consider this please
[1:07:15]
Any other public comment?
[1:07:18]
If not, we'll close the public comment.
[1:07:25]
Next item on our agenda is consent items
[1:07:27]
of quarterly budget audit and financial
[1:07:29]
review. Jill, if you leave us with that.
[1:07:34]
» Um hopefully you were able to look
[1:07:35]
through the um report I gave you guys.
[1:07:39]
Um
[1:07:41]
we had two dates given. I look through
[1:07:44]
them. Everything
[1:07:46]
besides our really seasonal type
[1:07:50]
employees who are recreational and our
[1:07:52]
parks um seasonal are actually
[1:07:55]
electronic. All the seasonal ones are on
[1:07:57]
paper. It's a little easier that way so
[1:08:00]
we don't have to train them. But
[1:08:03]
this was really focused on our
[1:08:05]
electronic end. We have that new time
[1:08:07]
card.
[1:08:09]
The process was really run run very um
[1:08:14]
smoothly except for the time card part.
[1:08:17]
We kind of ran into some employees that
[1:08:20]
kept forgetting to submit their time
[1:08:21]
cards. So we have created a new process
[1:08:25]
um that will hopefully
[1:08:27]
make sure that they submit or else they
[1:08:30]
might have to wait.
[1:08:32]
Mhm. Um, we did have our little snafu
[1:08:36]
with URS, but URS was closed for the
[1:08:39]
month, so because they um received a new
[1:08:43]
program called Aras, so we had to wait
[1:08:46]
for them to get that up and going and
[1:08:47]
then push everything through after.
[1:08:50]
Other than that, everything went very
[1:08:53]
well. There's some things that we can
[1:08:55]
work on, which are time cards, and we've
[1:08:57]
created the new process. Other than
[1:08:59]
that, everything went great. We just
[1:09:01]
wanted to make sure you guys were aware
[1:09:02]
of our progress and yeah, you have any
[1:09:06]
questions for me?
[1:09:07]
» You have any questions?
[1:09:10]
» No questions.
[1:09:12]
» Thank you, Jill.
[1:09:13]
» Yeah.
[1:09:14]
» Next item on the agenda is approval of
[1:09:16]
the meeting minutes for August 11th. I
[1:09:18]
know Rick submitted some adjustments.
[1:09:22]
You've already made those.
[1:09:23]
» Yeah, I made those.
[1:09:24]
» Anybody else have anything on that?
[1:09:26]
» Yes, I had one. I'll just read it.
[1:09:31]
Um, I had a couple spelling things, but
[1:09:33]
then the third thing was in the budget
[1:09:35]
approval discussion where it states that
[1:09:37]
I was wanting my reservations to be
[1:09:38]
noted. I believe I stated that the
[1:09:40]
amendment I would like to see is to add
[1:09:42]
funds to the sidewalk repair
[1:09:44]
specifically. We are not getting
[1:09:46]
necessary repairs done that are needed
[1:09:47]
for the safety of the residents, which
[1:09:49]
should be our priority over traveling to
[1:09:51]
St. George for a training. I also
[1:09:53]
recalled a comment from Brian Fe which
[1:09:56]
said these sidewalk sidewalk repairs are
[1:09:58]
expensive and we could easily spend
[1:10:00]
60,000 on them in one year. Those were
[1:10:03]
my additions
[1:10:05]
for those changes.
[1:10:07]
Anything else? Okay. Can I have a motion
[1:10:10]
to approve the minutes?
[1:10:15]
» One or the other? I'll make a motion to
[1:10:18]
approve minutes with the two revisions
[1:10:20]
that have been noted.
[1:10:21]
» Okay.
[1:10:22]
Second.
[1:10:22]
» I'll second.
[1:10:24]
» So motion and a second. All in favor?
[1:10:28]
» Okay.
[1:10:30]
Next item on the agenda is the business
[1:10:33]
items. First one is discussion and
[1:10:36]
possible action to adopt ordinance 569,
[1:10:39]
the ADU and parking amendment, which was
[1:10:41]
part of our work session earlier. Um, so
[1:10:46]
we're going to have Sarah and Jenny kind
[1:10:49]
of take that one. You guys decide if you
[1:10:52]
can fight over who goes first.
[1:10:57]
» Grover, are you getting any feedback
[1:10:58]
now? And can you hear me?
[1:11:00]
» Okay, good.
[1:11:02]
» Um,
[1:11:04]
so we had a um work session before about
[1:11:07]
this. For the sake of this meeting, I'll
[1:11:10]
do kind of a quick overview of what
[1:11:12]
we're considering. Is it okay if I'm
[1:11:13]
here for this? Okay. So, um,
[1:11:18]
uh, in in past years, the state has been
[1:11:20]
looking to require cities to have
[1:11:24]
ordinances for internal and external
[1:11:26]
accessory dwelling units. Um, we adopted
[1:11:28]
an internal AD ADU, accessory dwelling
[1:11:32]
unit ordinance a few years back when the
[1:11:34]
state um, asked for one and now they're
[1:11:36]
asking for internal or external ADU
[1:11:38]
regulations. This is something
[1:11:40]
Harrisville has been considering outside
[1:11:42]
of um state regulations.
[1:11:45]
Uh so the ordinance that we're proposing
[1:11:48]
it defines internal and external
[1:11:51]
detached ADUs, minimum lot sizes and
[1:11:54]
limitations of specifically one ADU per
[1:11:58]
primary dwelling and requires that the
[1:12:00]
property owner live on the property in
[1:12:02]
one of the dwelling units. Um you sorry.
[1:12:07]
Uh also we've addressed uh short-term
[1:12:10]
rentals uh utility addressing permitting
[1:12:13]
licensing requirements and also uh the
[1:12:16]
design height setbacks and compatibility
[1:12:18]
standards for ADUs.
[1:12:23]
Um so I'm not going to go into a lot of
[1:12:26]
detail of exactly what we've done. I
[1:12:28]
think in our discussion we can do that.
[1:12:30]
Um essentially though what we're trying
[1:12:32]
to balance is we want to right now
[1:12:34]
residents are not allowed to build
[1:12:36]
detached accessory dwelling units. So uh
[1:12:39]
residents may have accessory structures
[1:12:42]
but they are not permitted to be
[1:12:43]
habitable. We're creating an avenue
[1:12:46]
where residents can have external
[1:12:48]
detached ADUs that are habitable but
[1:12:51]
trying to balance that with the um
[1:12:54]
impact that it'll have on their
[1:12:55]
neighbors. So, we've worked through
[1:12:57]
different setbacks and other
[1:13:00]
requirements for these detached ADUs to
[1:13:03]
make sure that they um limit the
[1:13:07]
exposure and impact on neighboring
[1:13:09]
properties.
[1:13:10]
So, with that, I think we can go into
[1:13:13]
our discussion. Um, we had some
[1:13:17]
discussion in our work session.
[1:13:23]
» So, Craig, why don't you start? So if
[1:13:26]
you're okay
[1:13:28]
» Well because I have I have you know I
[1:13:30]
mentioned the letter table. Yes, I have
[1:13:33]
three basic concepts. One, formatting.
[1:13:37]
And so in the formatting, I guess the
[1:13:39]
first question I have is uh the 1120 in
[1:13:44]
in the
[1:13:46]
musical code talks about these
[1:13:49]
provisions that are from 1120 are
[1:13:52]
provide further restrictions from what
[1:13:54]
is already stated in the ordinance. And
[1:13:56]
so I raised the question, why not have
[1:14:00]
ADUs defined as a land use and land use
[1:14:03]
section and then make reference to what
[1:14:05]
the standards are in the uh chapter 20.
[1:14:09]
And so that that was the first concern I
[1:14:11]
had is just the purpose of chapter 20
[1:14:13]
versus the other provisions and both in
[1:14:17]
the use being allowed and not allowed
[1:14:20]
» And also then the definitions being also
[1:14:24]
taken out of chapter 20 and put in the
[1:14:27]
definition section.
[1:14:28]
» And so I think those are great
[1:14:29]
suggestions. Um especially the
[1:14:31]
definitions can easily move because of
[1:14:33]
our our last recommendation. They're not
[1:14:35]
numbered anymore. So they can easily
[1:14:38]
move into the alphabetical order. Um and
[1:14:41]
then we can uh put that in the land use
[1:14:44]
chart and then reference the um the
[1:14:47]
section of code from there. It was in
[1:14:50]
intentionally put in for just the
[1:14:52]
internal, but now that we're really
[1:14:53]
expanding on the accessory dwelling
[1:14:55]
units, I I think that it has a logical
[1:14:58]
pattern to it. Um whatever the other
[1:15:02]
council members feel, but I think that's
[1:15:03]
a a wise improvement. And then this may
[1:15:06]
be for Brody, but as I was looking at
[1:15:08]
the uh section going to land uses, we
[1:15:12]
have references to three different land
[1:15:14]
uses. And then when it says goes to
[1:15:16]
code, those are the wrong code
[1:15:18]
references. And so I know this is not
[1:15:21]
part of the ADU discussion, but it's
[1:15:22]
just an error that I I noticed there. Is
[1:15:25]
that something to be done as part of
[1:15:26]
this? Is that a separate item that's
[1:15:28]
being looked at?
[1:15:29]
» I can address.
[1:15:31]
» Okay. So, we did public notice this one
[1:15:34]
for land use changes and I think we've
[1:15:36]
consulted with Brody with this on the
[1:15:37]
past. So, you could override me, but
[1:15:39]
because we are making other land use
[1:15:42]
changes, I think it's appropriate to
[1:15:43]
make those corrections.
[1:15:44]
» Okay.
[1:15:45]
» Any other thoughts?
[1:15:48]
» The next one then is um
[1:15:52]
» Well, it was just the in in section four
[1:15:57]
we had two A's.
[1:15:58]
» Yes, I saw that. So, we'll want to
[1:16:00]
correct that. Okay. Then there were the
[1:16:04]
next category policy questions and some
[1:16:06]
of the uh items discussed I didn't see
[1:16:10]
them discussed in the planning
[1:16:11]
commission or in any memo having a
[1:16:14]
discussion. Okay. Is this a a policy we
[1:16:16]
want to make as a city regarding some of
[1:16:19]
the requirements or not having
[1:16:21]
requirements. So the first one was the
[1:16:24]
uh
[1:16:26]
the one provision of the state law says
[1:16:28]
that communities can
[1:16:31]
put up to a 25%
[1:16:34]
limit on ADUs
[1:16:37]
of all their residential land use areas.
[1:16:41]
What's the thought about using that
[1:16:43]
provision? I I know why it would it was
[1:16:46]
created. Mhm.
[1:16:48]
» So, in general, the planning commission
[1:16:50]
didn't we discussed the ADUs in general
[1:16:53]
and there didn't seem a lot to have a
[1:16:56]
lot of appetite for restricting them
[1:16:58]
really far as far as where they went
[1:17:00]
other than the lot size. That was the
[1:17:02]
main concern of the planning commission
[1:17:04]
was not where they were, but more what
[1:17:08]
the lot size were. We had a lot of
[1:17:09]
discussion on what size lot would you
[1:17:12]
want to see it on and then that would
[1:17:14]
tie into kind of where they end up but
[1:17:17]
there was a concern so it's not
[1:17:19]
something we delved into. It's something
[1:17:21]
the council could look into if they
[1:17:22]
wanted to.
[1:17:23]
» Okay. So that really wasn't discussed at
[1:17:24]
all. Okay. No. Um the other one was
[1:17:28]
about uh a certificate once someone gets
[1:17:33]
their permit building permit suspected
[1:17:36]
that the city can issue a certificate
[1:17:38]
that's recorded with the property county
[1:17:42]
alerting to future buyers
[1:17:45]
um that this property has an ADU in it
[1:17:48]
that it's not a duplex that it has
[1:17:51]
provisions that you have to have on
[1:17:53]
occupancy and other units.
[1:17:55]
And then also put into it then that if
[1:17:58]
if uh you know if you if you want to
[1:18:02]
tear this down you've also lost your ADU
[1:18:05]
right and you have to start over again.
[1:18:07]
Those certificates I found been always
[1:18:09]
helpful and it's amazing once once
[1:18:12]
people know you have a certificate how
[1:18:13]
my me time lenders and all that also are
[1:18:16]
coming to the say show me your
[1:18:18]
certificate that the city has allowed
[1:18:20]
this not just something you've done and
[1:18:23]
I think it's a good safety feature
[1:18:25]
because you know sometimes we don't get
[1:18:27]
to everything that's done and it may be
[1:18:30]
an illegal ADU not meeting any of the
[1:18:32]
standards and you want this as a second
[1:18:35]
way to try to
[1:18:37]
police legal ADUs and make people know
[1:18:40]
I've got this right and lending that
[1:18:42]
solution knows they have that right
[1:18:44]
because they talk about doing something
[1:18:46]
like that any certificates that the city
[1:18:48]
would issue afterwards.
[1:18:49]
» No. So we we discussed this a little bit
[1:18:51]
in the premeating. Um and we can
[1:18:54]
definitely look into certificates from
[1:18:56]
from my standpoint. I saw the building
[1:18:58]
permit for the ADU. what would be a
[1:19:00]
specific building permit as the
[1:19:03]
certificate in essence. And so we could
[1:19:07]
do a specific certificate, but it I
[1:19:10]
would be concerned that certificate
[1:19:12]
might u lead people astray to think that
[1:19:14]
they can demolish it and rebuild it. Of
[1:19:16]
course, it would need to be stated in
[1:19:17]
the certificate, but a building permit I
[1:19:19]
think is pretty clear. If it's a
[1:19:21]
permitted use, then it goes through the
[1:19:22]
building permit process. Then that's
[1:19:24]
kind of your stamp of approval. Um homes
[1:19:27]
have the same issue. Is this is this
[1:19:29]
permitted? Is this not? Um it it is also
[1:19:34]
by the design standards we've included,
[1:19:36]
it will look different than a duplex or
[1:19:39]
a multifamily home because it it's
[1:19:43]
specified in the ordinance that it needs
[1:19:45]
to look um subordinate or it still needs
[1:19:49]
to look like a single family home. So
[1:19:51]
hopefully we can avoid that by the
[1:19:53]
building standards and through the
[1:19:54]
building permit process. But uh if the
[1:19:56]
council would like to include a
[1:19:58]
certificate and some language to that,
[1:19:59]
that's absolutely something we can do.
[1:20:01]
» Okay. I I think maybe for the other
[1:20:03]
council members, my feeling on that part
[1:20:05]
is the the the building license is fine,
[1:20:10]
but that is not anything any lending
[1:20:12]
institution will look at when they're
[1:20:13]
making a new loan on on a new purpose.
[1:20:15]
They don't look at building permits.
[1:20:17]
They'll look at what is recorded with
[1:20:19]
the title of the property. And that's
[1:20:21]
why I think that certificate is very
[1:20:23]
helpful. So people know, oh, this is a
[1:20:25]
legal one. And let institutions will
[1:20:28]
say, well, I'm not going to lose until I
[1:20:30]
guess I'm from here saying this is still
[1:20:33]
a legal unit because there's nothing to
[1:20:36]
to indicate it is legal. And you know,
[1:20:40]
there's some detached ADUs now,
[1:20:44]
which are, you know, we don't have any
[1:20:45]
permits. We don't have any uh notice
[1:20:48]
because we didn't allow them to put out
[1:20:50]
there.
[1:20:51]
» So you would recommend we have a
[1:20:53]
licensing section of to add a section
[1:20:56]
that says um so
[1:20:58]
» We would issue us a certain
[1:21:00]
» Certificate through this through the
[1:21:01]
city.
[1:21:02]
» Yeah. Okay.
[1:21:03]
» Record with
[1:21:04]
» Recorded with it with the property.
[1:21:06]
» Yeah. To the county recorder. Yeah.
[1:21:09]
Kind of improves what state law says
[1:21:11]
about an option we have.
[1:21:14]
Well, that's just my opinion. The
[1:21:16]
council hasn't weighed in on that yet.
[1:21:17]
So,
[1:21:18]
» No, but I just want to make it note so I
[1:21:20]
know what may end up in your motion.
[1:21:23]
Um the other one,
[1:21:26]
and this kind of gets back into um
[1:21:30]
that 25% rule, how do we plan to address
[1:21:35]
if an ADU is allowed? Because we say
[1:21:37]
they're allowed in a residential
[1:21:39]
property, how do we do it in zones that
[1:21:43]
uh a residential use is not conforming?
[1:21:46]
And two examples is
[1:21:48]
» Oh, yeah. One, we have residential homes
[1:21:51]
that are in commercial zones. They're
[1:21:53]
not allowed. They're not conforming.
[1:21:56]
But the private division says if you're
[1:21:58]
owner occupied, you could have an ADU.
[1:22:00]
So, how do we address that? We also have
[1:22:03]
the situation where we have some zones
[1:22:05]
in the city where there are single
[1:22:07]
family homes that meet the 6,000t
[1:22:09]
requirement, but they're in a zone that
[1:22:12]
is SAP or SA or whatever it is. um that
[1:22:17]
also don't have the standards or or
[1:22:19]
regulations that they those have also
[1:22:21]
been eliminated from the text. If
[1:22:24]
someone wanted to do something, how
[1:22:26]
would we treat those properties?
[1:22:30]
» So, I think your previous um suggestion
[1:22:32]
to put it in the land use table if it's
[1:22:35]
listed only for the residential
[1:22:37]
properties to address the non-conforming
[1:22:39]
uses, they would follow um what is it
[1:22:43]
1117. So there's a process they would be
[1:22:47]
able to if they're if they're
[1:22:49]
non-conforming in a commercial zone then
[1:22:51]
and commercial zones do not allow ADUs
[1:22:54]
then they would not be allowed to have
[1:22:55]
an ADU because that would be
[1:22:57]
non-conforming. Um
[1:22:59]
» Well the home to begin that's
[1:23:00]
non-conforming,
[1:23:01]
» Right? But there 1117 goes through all
[1:23:04]
the different iterations of what's
[1:23:06]
allowed to do with a non-conforming use
[1:23:08]
and what's not allowed for
[1:23:09]
non-conforming use. um if it I guess if
[1:23:13]
it stays where it's a different use and
[1:23:16]
it's in the land use table that they
[1:23:19]
would not be able to ask for a use that
[1:23:21]
is not presented in that zone unless it
[1:23:23]
was already in place before but where we
[1:23:26]
haven't allowed them before we would end
[1:23:28]
up in that situation um so I think it's
[1:23:33]
covered in in the code
[1:23:35]
» So how do we treat so I mean they're
[1:23:39]
residential S is a residential zone.
[1:23:41]
» Oh, for those Okay.
[1:23:42]
» How do we treat them? Yeah,
[1:23:43]
» Those are residential zones. Um,
[1:23:46]
» It's not a residential zone we have
[1:23:47]
listed in the ordinance.
[1:23:48]
» So, that's on our um agenda to change
[1:23:52]
the uh
[1:23:53]
» SS.
[1:23:54]
» No, just any of the repealed zones.
[1:23:56]
We're working on replacement zones and
[1:23:59]
so they'd be considered residential
[1:24:00]
zones because it is an existing
[1:24:02]
residential zone. The way that the code
[1:24:04]
is kind of vague and that's why we're
[1:24:06]
looking to address it and I think that's
[1:24:07]
something you requested. So, um,
[1:24:09]
something we want to do and we're
[1:24:11]
working with the planning commission to
[1:24:12]
put together replacement zones, but
[1:24:14]
where it was an existing residential
[1:24:16]
zone, and this is applying to all
[1:24:17]
residential areas, I think it'd be easy
[1:24:20]
to assume that those, as long as they
[1:24:22]
meet the requirements, would be um,
[1:24:25]
eligible.
[1:24:27]
» So,
[1:24:28]
would we want to do that? I mean, again,
[1:24:31]
I'm taking like the call cottages.
[1:24:35]
um
[1:24:38]
corn cottages at Cornell Springs. So,
[1:24:41]
it's a mixture of single family detached
[1:24:43]
homes on 6,000 foot lots and then town
[1:24:45]
homes.
[1:24:47]
And so,
[1:24:49]
again, we don't have that SAP zone in
[1:24:53]
our land use regulation. So, you know,
[1:24:55]
where it's permitted, it won't show up
[1:24:57]
as permitted
[1:24:59]
because it's not an SAP is not listed
[1:25:01]
anywhere.
[1:25:02]
» It's not. But right now it's being
[1:25:03]
governed as a residential zone. Um we
[1:25:07]
have some holes in the code and so there
[1:25:09]
there are plenty of issues with the SAP
[1:25:11]
zone I guess is what I'm saying. Right
[1:25:12]
now it is a residential zone and we're
[1:25:14]
working to patch that up but we probably
[1:25:16]
won't patch that up through the ADU
[1:25:17]
ordinance. We'll need to have a
[1:25:19]
replacement zone for it. you have
[1:25:21]
another
[1:25:22]
» Or would it would it be
[1:25:24]
better
[1:25:26]
if we say okay in the following
[1:25:30]
zones
[1:25:32]
we will not allow
[1:25:34]
a to use
[1:25:36]
» Um you bring that up earlier that it had
[1:25:39]
to be over 10,000 square ft
[1:25:41]
» Anything under 10,000 ft for correct
[1:25:44]
» No but internals
[1:25:47]
» Oh external okay
[1:25:49]
» Um but the internal No, we can't
[1:25:51]
regulate that. That's the the state law
[1:25:54]
says that it is anything 6,000 square ft
[1:25:57]
or um larger we must allow them to have
[1:26:01]
uh an internal ADU. So it'll be
[1:26:04]
regulated for the detach through the the
[1:26:06]
lot size and then internal we don't have
[1:26:08]
control over.
[1:26:09]
» Okay.
[1:26:12]
So we'll just kind of let
[1:26:14]
» If they have a homeowners association
[1:26:16]
says well we don't allow you to do that.
[1:26:17]
» Yeah. The Holders Association could
[1:26:19]
absolutely regulate it,
[1:26:20]
» Which they can. Okay.
[1:26:24]
» Okay.
[1:26:24]
» They want to.
[1:26:26]
» Um, let's see.
[1:26:35]
How do we make it clear that a town home
[1:26:39]
cannot become an AU? Um,
[1:26:42]
so the town home only has a lot size the
[1:26:47]
size of the town home and the rest is
[1:26:49]
common space.
[1:26:51]
» Not necessarily.
[1:26:53]
» Do you have larger town homes in on
[1:26:55]
6,000 foot lots?
[1:26:57]
» We we It's interesting as I kind of
[1:26:59]
looked at the different town homes.
[1:27:00]
There's some that Yeah. the lot itself
[1:27:02]
is the the the property,
[1:27:05]
» But then there's somewhere there's four
[1:27:07]
town homes and they're all described by
[1:27:10]
a lot that's uh 8 or 9,000 square ft.
[1:27:15]
» So that's figure out how how does that
[1:27:18]
work?
[1:27:18]
» We have set bath limitations as well.
[1:27:20]
» Well, they're all built. It could be an
[1:27:22]
internal dwelling unit.
[1:27:24]
» This is for external.
[1:27:26]
» No, this is
[1:27:26]
» Oh, internal as well. Um,
[1:27:28]
» Yeah,
[1:27:29]
» I don't know that by state law we can
[1:27:31]
regulate that. If I remember right, it's
[1:27:33]
something we discussed, Jenny, about
[1:27:35]
whether we wanted them in town homes or
[1:27:37]
not. And I think the intention state
[1:27:39]
code is that they can be allowed in the
[1:27:41]
internal.
[1:27:42]
» I thought we excluded any of those zones
[1:27:44]
in our internal,
[1:27:46]
but it's been too many years since we
[1:27:48]
visited that. Pull up the code if you'd
[1:27:51]
like.
[1:27:51]
» Yeah, that's why I just with these
[1:27:53]
revisions going on, I'm wondering, does
[1:27:55]
that now open that up? Sorry. Yeah, I
[1:27:57]
was thinking for detach, but internal I
[1:27:59]
don't know that
[1:28:15]
cuz I always talk about single family
[1:28:17]
dwelling, but by definition,
[1:28:20]
every town home is single family
[1:28:22]
dwelling.
[1:28:25]
It's just they share walls but not
[1:28:29]
necessarily property lines or sometimes
[1:28:31]
property lines. So it's specifically to
[1:28:35]
the internal
[1:28:53]
prohibit the creation of the internal
[1:28:55]
accessory dwelling unit. The lot
[1:28:57]
containing the primary dwelling is
[1:28:58]
6,000. So that's what your concern was
[1:29:00]
that some of our lot sizes for the town
[1:29:03]
homes are larger than 6,000.
[1:29:05]
» Yeah. You may have four town homes on a
[1:29:07]
lot that's 8,000. So there's one lot.
[1:29:09]
» I think theation
[1:29:12]
of an internal dwelling requires the
[1:29:14]
primary residence to be detached.
[1:29:19]
» I would hope I just couldn't find it. I
[1:29:21]
hope that's I mean that's my assumption
[1:29:23]
of what it is, but I just can't find it.
[1:29:25]
» A single family dwelling that is
[1:29:27]
detached. That's the definition of a
[1:29:28]
primary grilling under the internal
[1:29:30]
accessory unit.
[1:29:31]
» Okay.
[1:29:32]
» So, state code is
[1:29:33]
» Preemptive state. Okay.
[1:29:35]
» Okay. Thank you.
[1:29:38]
» Thank you.
[1:29:40]
Uh
[1:29:42]
let's see the other
[1:29:50]
then the one question I had was that 90
[1:29:53]
days for uh external and 30 days for
[1:29:56]
internal where the state law says you
[1:29:58]
can do 90 for detach and 30 for
[1:30:02]
internal. Um just the thought behind
[1:30:06]
why everything's 30 or do you see any
[1:30:08]
benefit one being 90 and one being 30?
[1:30:11]
» I I think it was just for simplicity. We
[1:30:13]
thought 30 days the planning commission
[1:30:16]
thought that was sufficient to deter the
[1:30:19]
short-term rental aspect of it. Um but
[1:30:22]
the the council could add a provision
[1:30:24]
for 90 days just for the detached if
[1:30:27]
they'd like.
[1:30:30]
» Discussion. Okay. Um,
[1:30:35]
one of the other questions you're making
[1:30:36]
that is not ADU related but in the other
[1:30:40]
provisions is u
[1:30:42]
uh taking out of course the the minimum
[1:30:45]
block size or home size
[1:30:48]
but then you also take out the maximum
[1:30:52]
block size because where the state just
[1:30:54]
deals with you can't regulate the
[1:30:56]
minimums
[1:30:57]
» Right
[1:30:58]
» Is that's something again that's a
[1:30:59]
discussion right now The owners has you
[1:31:02]
a maximum home size of 40 4,000 square
[1:31:04]
ft. Do we want to eliminate that? Say it
[1:31:07]
doesn't matter whatever big we want big
[1:31:11]
home or do you want the existing limit
[1:31:14]
on the home size? That's just
[1:31:18]
one of the things that wasn't discussed
[1:31:19]
and I just didn't know what people's
[1:31:21]
feeling is on that.
[1:31:23]
» Yeah. Um it isn't something we discussed
[1:31:24]
as a planning commission. of the
[1:31:26]
council. It's it's something that when
[1:31:27]
we were getting rid of all of the um
[1:31:32]
all of the controlling factors, it
[1:31:34]
seemed a little out of place that
[1:31:35]
randomly you can't build a bigger
[1:31:38]
footprint than 4,000 square ft, you
[1:31:40]
know. Um if the council still sees a
[1:31:44]
need for that, we can reinclude it. Um
[1:31:47]
but it just seemed unnecessary. It
[1:31:49]
didn't seem beneficial, I guess.
[1:31:52]
And then the last set of questions I had
[1:31:54]
were just text itself.
[1:31:57]
» And the one is the definition of an ADU.
[1:32:01]
» Yeah.
[1:32:04]
» Where uh the word household is used
[1:32:06]
rather than how the state uses as a
[1:32:09]
single family dwelling. And our
[1:32:11]
definition in both our local orders
[1:32:13]
talks dwelling not household.
[1:32:16]
» Because the definition of a household is
[1:32:17]
just anybody put together. when we do a
[1:32:20]
dwelling then it hits the family then it
[1:32:22]
says foreign related or and I just
[1:32:25]
wondered why it might be better to just
[1:32:28]
keep with the language of
[1:32:30]
» The dwelling unit rather than the
[1:32:31]
household. So that all those other
[1:32:32]
definitions apply of limiting unrelated
[1:32:35]
people at that.
[1:32:37]
» Yeah, I think I think that's a good
[1:32:39]
idea.
[1:32:41]
» And then the other part I mentioned in
[1:32:44]
that was sometimes we say lot, sometimes
[1:32:46]
we say parcel, but really it should be
[1:32:49]
lot. Yeah.
[1:32:51]
» Should be lot because that's how all
[1:32:53]
properties are. Not everyone is not
[1:32:56]
stuck by the partial property.
[1:32:59]
Um
[1:33:02]
then the second was where the detached
[1:33:06]
ADU can be larger than the existing
[1:33:07]
proposed home on larger lots. I just
[1:33:11]
raised a question of how's that
[1:33:12]
consistent with the intent of being
[1:33:14]
subordinate to the main use.
[1:33:16]
» So we discussed this briefly in the
[1:33:19]
premeating. The idea is the square
[1:33:22]
footage is limited to make it
[1:33:23]
subordinate in in size, but we wanted to
[1:33:26]
allow the external
[1:33:30]
the detach ADUs to be maybe the upstairs
[1:33:35]
of a large barn structure or in a large
[1:33:37]
structure or maybe the ADU is taking up
[1:33:39]
the entire structure but in size the ADU
[1:33:43]
is housed in a larger building than the
[1:33:46]
house. So that's where the distinction
[1:33:49]
came in.
[1:33:50]
So how would this thing? So in that
[1:33:53]
scenario then are we looking just the
[1:33:56]
square footies of the ADU and that barn
[1:33:58]
structure
[1:34:00]
» Or are you okay so would that still be
[1:34:03]
appropriate to say the ADU is
[1:34:08]
subordinate to that house size?
[1:34:10]
» Yeah.
[1:34:10]
» Meaning okay they can take a barn and
[1:34:13]
the barn may be larger but the dwelling
[1:34:15]
part of it is still a house size or
[1:34:18]
smaller. Yeah. House size are smaller or
[1:34:20]
10% of the lot area. Those those are the
[1:34:23]
minimums that has to meet. Whatever is
[1:34:25]
smaller,
[1:34:29]
» 40,000
[1:34:31]
square foot lot,000.
[1:34:33]
Yeah.
[1:34:34]
» Maybe you
[1:34:36]
still might be 2,000.
[1:34:41]
» Okay.
[1:34:41]
» Yeah. Whichever whichever is smaller. So
[1:34:43]
yeah, if you have a 4,000 foot home, you
[1:34:46]
can build a 309
[1:34:48]
3,990
[1:34:50]
ft
[1:34:51]
» Three. You know what I'm saying? Sorry,
[1:34:53]
it's too late for these meetings.
[1:34:54]
Anyway, just be just smaller.
[1:35:00]
» Okay. Any any thought then on the
[1:35:03]
how uh
[1:35:06]
264A
[1:35:08]
is
[1:35:10]
is
[1:35:13]
that really meant for interior is it or
[1:35:15]
meant for all ADUs whereas language some
[1:35:18]
seems like it was only interior then the
[1:35:20]
next one is detached.
[1:35:21]
» It's all ADUs have the first regulations
[1:35:24]
and then there's further regulations in
[1:35:26]
addition for detach ADUs.
[1:35:36]
So all ADUs need to meet the standards
[1:35:39]
of residential homes, comply with the
[1:35:42]
setbacks and be designed to preserve the
[1:35:45]
appearance of the property. And then the
[1:35:48]
um because and so that applies to
[1:35:50]
internal and detached. And then detached
[1:35:54]
has further design, height, attic, has
[1:35:57]
more limitations than the internal, but
[1:36:00]
it still has to meet the standards and
[1:36:03]
comply with the setbacks of the zone um
[1:36:06]
except for the um exception allowed in
[1:36:11]
the detached ADU portion.
[1:36:14]
So when it says uh one existing
[1:36:18]
standards for residential homes and then
[1:36:21]
two set requirements for the zone,
[1:36:24]
what's the first one alluding to the
[1:36:27]
standards for residential homes?
[1:36:28]
» That'd be more like the building code
[1:36:30]
requirements, your your electrical, your
[1:36:33]
like health and safety um would fall
[1:36:35]
into that.
[1:36:37]
So would it be better say meeting
[1:36:39]
existing building code requirements for
[1:36:40]
residential homes rather than standards
[1:36:45]
because I would look at standards as
[1:36:46]
being the same thing as step acts and
[1:36:48]
high other
[1:36:50]
» Um I guess it just depends on what you'd
[1:36:52]
like for specificity. I you know I
[1:36:54]
thought about building code standards
[1:36:55]
but I wasn't certain if maybe there's
[1:36:58]
other residential standards that I
[1:37:00]
missed and so I thought the two would
[1:37:03]
help be specific. one is if you're
[1:37:05]
building this, you're building it like
[1:37:07]
you would a residential, a single family
[1:37:09]
detached home as far as this the
[1:37:11]
standards go. And then the setback I
[1:37:14]
wanted to be specific about because I
[1:37:16]
think that's where there's some false
[1:37:18]
confusion, but if if you'd like to
[1:37:19]
clarify a different way that how
[1:37:21]
whatever the council feels.
[1:37:23]
» So So what setback are you referring to?
[1:37:25]
Are you referring to
[1:37:26]
» The single family
[1:37:27]
» Main dwelling setback or accessory
[1:37:29]
building setback?
[1:37:30]
» The main dwelling set setback.
[1:37:33]
So maybe it'd be clear clear to say
[1:37:35]
that's what setback you're talking
[1:37:37]
about.
[1:37:37]
» I think that would be good.
[1:37:38]
» There's two different setbacks.
[1:37:40]
So I just don't know which setback
[1:37:42]
you're referring to.
[1:37:44]
» So I have a question here. We're doing a
[1:37:47]
one-on-one oneonone. We have everybody
[1:37:49]
else sitting here listening to oneon
[1:37:51]
one.
[1:37:51]
» Okay. I'm wondering if this is something
[1:37:53]
that we ought to table and come back to
[1:37:56]
when we've got it clarified rather than
[1:37:58]
spend on the rest of the city council's
[1:38:00]
time here because I think there's a lot
[1:38:02]
of great questions that need to be
[1:38:03]
asked. I'm just looking at
[1:38:06]
what do you think?
[1:38:08]
» What's we need this by October 1st.
[1:38:11]
» You have to have it adopted by October.
[1:38:14]
» Okay.
[1:38:18]
» I don't know. Do we have to have it
[1:38:20]
adopted by October 1st?
[1:38:22]
» Yes.
[1:38:23]
» To comply with state law.
[1:38:24]
» What are they going to do if we don't?
[1:38:27]
» Fire.
[1:38:29]
» Can we
[1:38:30]
could amend it potentially if
[1:38:35]
» Answered?
[1:38:37]
The one the one risk of not doing it is
[1:38:39]
if you had a super intelligent person
[1:38:42]
like council member Montgomery, you
[1:38:44]
could essentially come in to make
[1:38:45]
application and not have controlling
[1:38:48]
ordinance.
[1:38:49]
» Yeah.
[1:38:51]
» So councilman Montgomery could build
[1:38:53]
whatever kind of a we wanted. We would
[1:38:55]
have no recourse if we don't have a
[1:38:57]
statute that complies the state law.
[1:39:02]
Maybe I shouldn't have said that on the
[1:39:03]
record, but too late.
[1:39:06]
Oh, that's true. That's true.
[1:39:08]
» I know. I have one question regarding
[1:39:10]
interior ADUs.
[1:39:13]
» So, entrance into an interior ADU, can
[1:39:17]
they share the same door?
[1:39:21]
» I believe so. I don't think they can
[1:39:22]
make
[1:39:23]
» No, they could.
[1:39:25]
» That's allowed.
[1:39:26]
» Okay. So, they don't have to have their
[1:39:29]
» Own entrance
[1:39:31]
entrance or exit. If I remember right,
[1:39:33]
we can't The code was clear that we
[1:39:36]
couldn't specify that.
[1:39:37]
» Okay, you're right.
[1:39:39]
» Yeah, that's that's not something we
[1:39:42]
could specify,
[1:39:44]
» Greg. How many of these you you have you
[1:39:48]
made it to E?
[1:39:52]
I believe
[1:39:53]
» I guess maybe the one other question
[1:39:54]
I'll ask and then we you can decide what
[1:39:56]
you want to do with it.
[1:39:58]
How do we
[1:40:01]
on the detached loan units where we
[1:40:03]
allow a barn, a man cave, anything else?
[1:40:08]
Um, you know, that could be two stories,
[1:40:11]
25 ft tall, could be by building 3 ft
[1:40:15]
from property. Zoning says 1 ft.
[1:40:19]
So, they can have a 25 ft tall building,
[1:40:22]
can have windows in it, and then
[1:40:26]
convert. Now you can't convert them now
[1:40:28]
because you need to meet the residential
[1:40:31]
main dwelling setback.
[1:40:35]
What is the difference? What is the
[1:40:38]
adverse impact of one versus the other?
[1:40:41]
One is I have all my teenagers in a
[1:40:43]
party up on the second floor looking
[1:40:45]
down on your the neighbor next to you or
[1:40:48]
one I have family calling in there. What
[1:40:52]
are the differences and impacts?
[1:40:55]
So, we discussed this in the premeating.
[1:40:57]
The the difference is someone living in
[1:41:01]
a space. Uh when we looked at um what
[1:41:04]
was happening statewide with these
[1:41:06]
detached ADUs, the biggest complaint was
[1:41:09]
privacy. And so by having an accessory
[1:41:13]
dwelling structure, even if you have a
[1:41:14]
rep room in it, you're not going to have
[1:41:16]
someone in that building 24/7.
[1:41:19]
And so that would be the difference
[1:41:21]
between your accessory structure and a
[1:41:23]
dwelling structure. So we really wanted
[1:41:25]
to where if you're going to be right
[1:41:26]
next to someone's house, you're
[1:41:28]
essentially building a house right on
[1:41:30]
their property line. We wanted to make
[1:41:32]
it so that it wouldn't intrude any more
[1:41:35]
than an accessory
[1:41:37]
um building which does not have an
[1:41:39]
occupant 247 and the noise etc.
[1:41:44]
Then how would that differ from
[1:41:47]
city approvals of main dwelling units
[1:41:50]
being 10 or 20 ft in our present
[1:41:53]
ordinances from the property line
[1:41:56]
» As long as it's in the setback?
[1:41:57]
» Well, no, it's not. If the residential
[1:42:00]
dwelling says it's a 30ft step back.
[1:42:02]
» Mhm.
[1:42:03]
» But some of the new ordinances we've
[1:42:04]
done and some of the approvals we've
[1:42:06]
done in the city says you can have your
[1:42:07]
rear sat back 10 ft from property line.
[1:42:10]
So why would that be any different? We
[1:42:13]
don't have any 10 ft from property line.
[1:42:15]
I think 20 the closest. Which one?
[1:42:17]
» It's right next to us.
[1:42:20]
» Is this Are you talking about single
[1:42:21]
family detached property?
[1:42:22]
» Yeah.
[1:42:23]
» Which one is it?
[1:42:26]
» Call.
[1:42:26]
» Oh, it's in a zone.
[1:42:29]
» It's in a special project. So, none of
[1:42:31]
these would be
[1:42:32]
» Well, but isn't the principal same if
[1:42:34]
it's a 10 foot setback? Is it privacy
[1:42:36]
privacy?
[1:42:40]
I think the main difference is if
[1:42:41]
somebody's building an accessory
[1:42:43]
dwelling unit, they're allowed to go
[1:42:44]
within one foot of the property line. I
[1:42:46]
think there's no argument 1 foot of the
[1:42:48]
property line is much closer than 10 ft
[1:42:51]
for privacy, especially if you have a
[1:42:52]
twostory accessory dwelling unit that's
[1:42:55]
converted, an accessory building that's
[1:42:58]
then converted to a dwelling unit, then
[1:43:00]
you're one foot from the property line
[1:43:01]
from a twotory window. to to Sarah's
[1:43:05]
earlier point, I think that's a a little
[1:43:07]
bit different. Even 10 ft would give uh
[1:43:10]
less of a view into your neighbor's
[1:43:12]
backyard. So, that would be something
[1:43:14]
that people would want to consider when
[1:43:16]
they're building an accessory building
[1:43:18]
if they have any intention of building
[1:43:21]
it into a external ADU. You might want
[1:43:24]
to consider that.
[1:43:26]
» Well, if you really couldn't, then if
[1:43:27]
it's uh
[1:43:28]
» Or you'd have to close up the windows,
[1:43:30]
right? You'd have to modify the
[1:43:32]
structure. I'm I'm thinking poleb barns
[1:43:34]
aren't going to qualify as external
[1:43:36]
dwelling units anyway. They don't make
[1:43:39]
building code to have habitation in
[1:43:41]
them. So there going to be some
[1:43:43]
limitations on people converting those
[1:43:46]
accessory buildings into living spaces.
[1:43:49]
And so the setback
[1:43:52]
currently for a metal building is street
[1:43:55]
but for an asphalt is 1 foot. It's storm
[1:43:57]
water related. Right. But then so any
[1:44:01]
dwelling unit then we're saying a 30ft
[1:44:03]
setback
[1:44:05]
is what we feel is appropriate for a
[1:44:07]
rear guard protection.
[1:44:10]
» Yeah, I hear what Yes, I understand what
[1:44:12]
you're saying.
[1:44:13]
» So that means really most people
[1:44:14]
wouldn't be able to do a detection.
[1:44:18]
» They would they would just have to limit
[1:44:21]
the windows which is most homes only
[1:44:23]
have windows on three sides because the
[1:44:24]
garage is on the other side. So, we're
[1:44:26]
saying don't put the garage windows on
[1:44:28]
the back and um don't do stories that
[1:44:32]
look that are a certain height looking
[1:44:34]
over into the neighbor's yard.
[1:44:35]
» So, no bedrooms or anything like that.
[1:44:37]
» Okay.
[1:44:39]
» They can have windows. They just have to
[1:44:41]
face the front of the property instead
[1:44:42]
of the back. So, it's possible. It just
[1:44:44]
would require special design.
[1:44:46]
» That's the side also.
[1:44:49]
» If it's but next to a encroaching on a
[1:44:51]
sideyard set back. Yes.
[1:44:55]
So it' be whatever that zone is 10.
[1:44:58]
» Yeah.
[1:44:59]
» 14.
[1:45:00]
» Exactly.
[1:45:06]
» All right. Any other discussion that any
[1:45:10]
other council members would like?
[1:45:13]
If not, any action?
[1:45:24]
So I think some of the discussion since
[1:45:28]
we didn't have this discussion while the
[1:45:29]
question was going back and forth I
[1:45:32]
think that the certificate idea is
[1:45:34]
actually a very positive thing that I
[1:45:36]
think should be included on how others
[1:45:39]
feel
[1:45:40]
but
[1:45:41]
» My concern with that is that if it gets
[1:45:43]
mishandled by one owner and then there's
[1:45:47]
a next owner are they having to deal
[1:45:49]
with the headache that the previous
[1:45:51]
owner didn't handle correctly.
[1:45:55]
If it's existing,
[1:45:57]
there's not a certificate or there's
[1:45:59]
some weird situation. It got demolished
[1:46:01]
and rebuilt without the certificate
[1:46:03]
being updated. Then does that become a
[1:46:05]
future homeowner's problem?
[1:46:09]
» Generally, what I've seen happen at a
[1:46:11]
demolition there'll be a new loan and so
[1:46:14]
that
[1:46:15]
» Not necessarily
[1:46:17]
loan.
[1:46:17]
» Okay.
[1:46:21]
I mean, most likely, I guess, but
[1:46:25]
» I think you also need to consider I I I
[1:46:28]
feel like sometimes we get caught up in
[1:46:30]
the whatifs, and I understand those
[1:46:32]
important, but as a city council, we
[1:46:36]
can't regulate every little thing. We
[1:46:39]
have to set a set of ordinances.
[1:46:42]
I'm not knocking the question at all. as
[1:46:45]
I look at the overall thing and what I
[1:46:47]
have questions we can't control.
[1:46:50]
» So the benefit to having a certificate
[1:46:52]
is
[1:46:54]
and correct me if I'm mistaken as you
[1:46:57]
see it. The benefit is that we don't
[1:46:59]
have someone demolishing and rebuilding
[1:47:02]
without paying
[1:47:06]
and we think that it's likely that that
[1:47:08]
could happen if we don't require a
[1:47:10]
certificate that they'll bypass the
[1:47:12]
building permit process. Well, it also
[1:47:15]
will put a person, a new buyer on on
[1:47:17]
notice that this is an accessory unit. I
[1:47:20]
can't buy this property as a rental
[1:47:22]
property, rent out two units.
[1:47:25]
So, it also puts them on notice matches
[1:47:27]
in the home and say, "Oh, there's two
[1:47:28]
units here."
[1:47:30]
» But it's condition on someone who lives
[1:47:33]
permanently,
[1:47:35]
the owner.
[1:47:36]
» So, we're making it easier on them. They
[1:47:38]
don't need to do their research to find
[1:47:40]
out what the city ordinance says. I
[1:47:43]
think it helps
[1:47:44]
» People who do research that tell folks
[1:47:46]
to buy it sign
[1:47:49]
» Right
[1:47:49]
» I also think it helps too on the the
[1:47:52]
other side that you can it can be sold
[1:47:57]
in that way which adds benefit to the
[1:48:00]
person who's purchasing. So it it has
[1:48:03]
benefits both ways,
[1:48:06]
you know, not just protecting the
[1:48:09]
the city, but it also helps, you know,
[1:48:12]
because just because somebody converted
[1:48:14]
an area of their home where somebody
[1:48:15]
could dwell doesn't mean that it
[1:48:18]
actually qualifies or is
[1:48:21]
set aside to be an accessory dwelling
[1:48:24]
unit, a home or even externally, you
[1:48:28]
know. So, I think it it actually helped
[1:48:31]
the pro the homeowner, too.
[1:48:37]
» I mean, I like the idea. I don't know
[1:48:40]
exactly where it'll go, but I think it's
[1:48:42]
it's a good it's a good thing. Helps I
[1:48:47]
can see where it can help both the
[1:48:48]
homeowner and it can also help the uh it
[1:48:52]
can help the potential buyer. But the
[1:48:54]
legal standpoint is it's documented
[1:48:58]
We know it was being followed up. We
[1:49:00]
didn't know it. Here it is. It's in a
[1:49:02]
legal document. This is a way for the
[1:49:04]
city at least to come back and say, "Oh,
[1:49:06]
it's registered."
[1:49:09]
» Well, we would still have a record of
[1:49:10]
them.
[1:49:11]
» Yeah. without
[1:49:16]
» And I lean toward favoring
[1:49:19]
residents, homeowners
[1:49:22]
over potential homeowners as far as if
[1:49:26]
there's going to be a headache.
[1:49:36]
I guess one of the item I'll just bring
[1:49:38]
up and that was the elimination
[1:49:41]
of the special provision to allow single
[1:49:44]
family homes to expand
[1:49:46]
to uh 15
[1:49:49]
yard rather than their 30. And uh you
[1:49:53]
know it's not in the ADU part. It's in
[1:49:55]
another section. The intent of that was
[1:49:58]
really to allow people to stay in their
[1:50:00]
home as their family grows and not have
[1:50:03]
to sell and move somewhere else and
[1:50:05]
encourage people to stay here
[1:50:07]
and this proposed ordinance that'll be
[1:50:09]
eliminated. And I don't know how many
[1:50:12]
took advantage of that provision while
[1:50:13]
it's been there what we treated now as
[1:50:16]
non-conforming. I thought okay I'm going
[1:50:17]
to counsel that can't any track at all.
[1:50:20]
» I do not know. It is a very strange part
[1:50:23]
of the code to say when you first built
[1:50:25]
your home, here are your setbacks. But
[1:50:27]
if you put an addition on your home, you
[1:50:28]
have different setbacks. So in reading
[1:50:31]
the code, especially when we're drilling
[1:50:32]
with internal accessory dwelling units,
[1:50:35]
we thought that that was an earmark that
[1:50:37]
was best left out that the setbacks are
[1:50:39]
the setbacks, whether it's new
[1:50:41]
construction or a remodel. So that was
[1:50:44]
the intent of eliminating that portion
[1:50:47]
of the code. I assume someone came in
[1:50:50]
who wanted to put an addition closer to
[1:50:53]
their step, you know, to encroach on
[1:50:54]
their setback and petitioned to have it
[1:50:57]
changed and then it was. We do we don't
[1:51:00]
have a record of when that happened or
[1:51:02]
why it happened.
[1:51:03]
» But that was the intent is to allow
[1:51:04]
someone to stay in the home and expand
[1:51:05]
it so they don't have to sell the home
[1:51:07]
and move somewhere else in the room.
[1:51:09]
» Well, you can see it that way, but I
[1:51:10]
just didn't see
[1:51:11]
» Well, that is the way it was. I was
[1:51:12]
involved in it.
[1:51:13]
» Oh, okay. Well, to me it just seems
[1:51:16]
strange that someone builds a new home
[1:51:18]
and they can't build that addition when
[1:51:20]
they first build it, but they can if
[1:51:22]
they wait 5 years and then do it as an
[1:51:24]
addition. It just seems inconsistent.
[1:51:26]
So, that was a concern.
[1:51:27]
» Yeah. So, what you're saying is that
[1:51:30]
» No, I'm saying I I don't I'll just bring
[1:51:32]
that up as a policy.
[1:51:33]
» Do you want to keep it in or do you want
[1:51:35]
to take it out?
[1:51:36]
» Well, I don't know how many homes took
[1:51:37]
advantage of it. How many um would be
[1:51:41]
pretty non-performing? Does that have
[1:51:43]
does that have to do with this?
[1:51:46]
» Doesn't have to do with ADU, but it's in
[1:51:48]
the text
[1:51:50]
» And and we can separate the or you can
[1:51:53]
pass the ADU portion of this and then
[1:51:55]
wait to do the text amendment changes um
[1:51:57]
at a later time. They're a little bit
[1:51:59]
combined, but not so involved that it
[1:52:02]
would be a problem.
[1:52:12]
And and to that point, we could when we
[1:52:14]
did the text amendment changes, make any
[1:52:15]
sort of text amendment changes we wanted
[1:52:17]
to to the AD ordinance at that point if
[1:52:20]
we wanted to go through it again and
[1:52:21]
then make the amendments at that point.
[1:52:23]
if we uh we make that a part of the
[1:52:25]
proposition that we schedule that cuz I
[1:52:28]
I think if we just say we're going to
[1:52:31]
pass it get often times things get
[1:52:34]
passed and then it never gets revisited
[1:52:36]
and if it's not on an agenda it's not
[1:52:38]
going to get talked about again. Yeah,
[1:52:40]
you could you could say table it to a
[1:52:42]
certain date and say table it until the
[1:52:44]
October.
[1:52:45]
» I think it would be that we adopt it in
[1:52:46]
its current form with the intention of
[1:52:51]
» To amend things in a future it's
[1:52:54]
scheduled so it's not oh we'll get to it
[1:52:57]
somewhere which is almost never. So you
[1:52:59]
could pass a portion and table a portion
[1:53:02]
and then in your and you can say however
[1:53:04]
you want to say it, but you could give a
[1:53:06]
specific date that you want to address
[1:53:08]
it at in your motion.
[1:53:12]
» Want to take a stand?
[1:53:17]
» I'm not clear that setting a date
[1:53:19]
necessarily solves the problem.
[1:53:22]
I think we need to just pass it as we
[1:53:25]
think is best today and then as council
[1:53:29]
members have questions they're welcome
[1:53:30]
to ask.
[1:53:32]
» I'm talking about address the other
[1:53:35]
revisions that are still up in the air
[1:53:37]
that we haven't flushed through yet. So
[1:53:39]
it's having another
[1:53:42]
» Work session so to speak and we
[1:53:44]
certainly can do that
[1:53:44]
» And that's what I mean by schedule. It's
[1:53:46]
not.
[1:53:47]
» So, are we saying that the passage of
[1:53:48]
this depends upon having that and if we
[1:53:50]
don't have that date?
[1:53:52]
» My fear is if we don't and I'm sorry, I
[1:53:54]
didn't mean to, but if if we don't
[1:53:56]
schedule it, it's just going to sit in
[1:53:58]
its current.
[1:53:59]
» I understand the fear, but what I'm
[1:54:00]
wondering is does it become obsolete
[1:54:02]
then? If we miss that deadline and we
[1:54:04]
don't do anything, we don't.
[1:54:06]
» No, we would have it scheduled and so
[1:54:07]
we'd be addressing.
[1:54:09]
» So, it's not necessarily part of the
[1:54:10]
passage of this that date.
[1:54:13]
» No, it would be that it's passed. It's
[1:54:15]
just that we make clear that we're going
[1:54:17]
to
[1:54:18]
circle back to those concerns and not
[1:54:20]
just have it sitting out there
[1:54:23]
with the changes that all the stuff Greg
[1:54:26]
talked about. You took all the notes on
[1:54:29]
those different things that they talked
[1:54:30]
about. Right. Mhm.
[1:54:33]
» I say we make a motion to adopt
[1:54:36]
ordinance 5698 with parking amendments
[1:54:40]
according to the notes taken as well as
[1:54:44]
add the certificate that Craig has
[1:54:47]
talked about to this. I don't know if I
[1:54:51]
said everything right, but that's what I
[1:54:52]
think.
[1:54:53]
» Okay. So, we have a motion. Do we have a
[1:54:55]
second?
[1:54:56]
» Um, we need to clarify. So the ordinance
[1:55:00]
includes the um
[1:55:03]
the let's see how we the changes to the
[1:55:07]
code and to the ADU ordinance uh
[1:55:10]
section. So what there are too many
[1:55:14]
papers here you guys.
[1:55:14]
» That's what I ask about.
[1:55:17]
» I tried to make it easy.
[1:55:18]
» I know. I know. Okay. So the ordinance
[1:55:20]
is 569
[1:55:23]
um which is accessory dwelling unit
[1:55:25]
standards and other revisions. So, you
[1:55:27]
could pass um the accessory dwelling
[1:55:30]
unit standards and not pass the other
[1:55:35]
visions. Make that your motion. And you
[1:55:37]
could say accessory dwelling unit
[1:55:39]
standards including
[1:55:41]
um
[1:55:44]
notes discussed if everyone's okay with
[1:55:46]
the the my like the formatting and
[1:55:49]
naming changes that was that we did
[1:55:51]
discuss. So you could say including the
[1:55:54]
discussed um changes for ADU ordinance.
[1:55:58]
Do you think that would be clear enough?
[1:56:01]
» What would we be eliminating if we don't
[1:56:03]
have the if we only do the ADU sections
[1:56:06]
and not the
[1:56:08]
» We wouldn't be addressing the the
[1:56:10]
building standards and parking quite
[1:56:11]
yet.
[1:56:12]
» The parking would not be part of it. it
[1:56:14]
the ADU parking would be included but it
[1:56:16]
would be referring to the old parking
[1:56:18]
standards which are still adequate in
[1:56:21]
the meantime and we would not be state
[1:56:23]
compliant but this one doesn't have a
[1:56:25]
deadline so we could table the um other
[1:56:29]
revisions to the October meeting
[1:56:33]
» What part would we not be compliant on
[1:56:36]
at the state
[1:56:36]
» Just the the other revisions but we have
[1:56:39]
been compliant for years so it a couple
[1:56:41]
months will be fine we just recognize it
[1:56:44]
as we were doing this
[1:56:46]
» And our concerns about including the
[1:56:49]
other revisions are do we have specific
[1:56:51]
ones?
[1:56:52]
» Well, I don't know if we have had I mean
[1:56:54]
we could take a lot of time to go item
[1:56:57]
by item. Like for example,
[1:57:00]
I do like his comment about letter E
[1:57:03]
about using the word consistent instead
[1:57:05]
of compliment. We could have lots of
[1:57:07]
discussions about each one of these and
[1:57:09]
so it's passing it but then coming back
[1:57:13]
because I think we've spent a lot of
[1:57:15]
time just trying to understand all of
[1:57:17]
what's going into it and address
[1:57:21]
it would take another hour and probably
[1:57:23]
nail down things within uh Okay, so we
[1:57:27]
have a we have one motion that's been up
[1:57:29]
here. Um we want to
[1:57:34]
we're not going to do a second motion
[1:57:36]
and that one just fails since we'll have
[1:57:38]
to start over.
[1:57:38]
» I will second it. Okay. So, we have a
[1:57:41]
motion and a second,
[1:57:42]
» But I think we we're talking about that
[1:57:44]
need to change because that motion would
[1:57:46]
not accomplish what needs to happen.
[1:57:49]
» So, we need a classification what we're
[1:57:51]
trying to
[1:57:53]
» Pass as far as
[1:57:54]
» So, you could pass the entire ordinance
[1:57:57]
and then come back to make revisions on
[1:58:01]
the parts that you're concerned about,
[1:58:04]
even the ordinance as a whole. If you
[1:58:06]
decide we pass the whole thing, but
[1:58:09]
maybe we want to bring something back
[1:58:10]
from this other section, that is another
[1:58:14]
option. And then it makes it more clear.
[1:58:16]
We pass the ordinance with the discussed
[1:58:18]
revisions from um Council Member
[1:58:21]
Montgomery and then
[1:58:24]
we could put it on the agenda. I will
[1:58:26]
make sure it's on the agenda um in
[1:58:28]
October.
[1:58:29]
» Okay.
[1:58:30]
» So, you want to restate your move.
[1:58:33]
» Brody, what do we need to do legally?
[1:58:35]
Yeah. So, legally there's been a motion
[1:58:37]
in the second. So, you have to have a
[1:58:38]
vote.
[1:58:40]
» Okay. So, I'll do roll call,
[1:58:43]
» But
[1:58:44]
for clarification and for the record,
[1:58:46]
the motion most needs to be restated.
[1:58:49]
However, because of the second, you have
[1:58:51]
to vote.
[1:58:52]
» Okay. Thank you. Okay. So, I have a
[1:58:54]
motion and a second. This a roll call
[1:58:57]
vote.
[1:58:58]
» Council member Hadley.
[1:59:01]
I'm going to say no.
[1:59:02]
» Council member recovery. No.
[1:59:05]
» Council member Christensen.
[1:59:07]
» No.
[1:59:08]
» Council member Prawl.
[1:59:09]
» Yes.
[1:59:10]
» Council member Willson.
[1:59:12]
» No.
[1:59:13]
» Okay. So, that fails.
[1:59:15]
» So, now we're back to coming up with
[1:59:17]
another motion.
[1:59:19]
» Okay. So, clarification in the motion
[1:59:22]
» Is that we are adopting ordinance 569
[1:59:27]
ADU and the parking
[1:59:30]
» And it current form
[1:59:31]
» In its current form.
[1:59:35]
It's
[1:59:35]
» With plans to revise it.
[1:59:40]
» I don't know if we'd say with plans to
[1:59:42]
revise it. I think it would
[1:59:43]
» Yeah, you can't make a motion to
[1:59:45]
guarantee council for the future.
[1:59:47]
» Okay, that's fine. That's that's why I'm
[1:59:49]
asking the question.
[1:59:51]
» I would say in other revisions because
[1:59:52]
the other revisions include more than
[1:59:55]
the parking. So,
[1:59:57]
» So we're basically saying we need to
[1:59:59]
adopt ordinance 569 ADU and parking
[2:00:03]
amendments.
[2:00:04]
» Is that how it's written on
[2:00:06]
» One of the things that is why it's okay?
[2:00:09]
Mine it says something different. Okay,
[2:00:12]
» I'm just reading what's
[2:00:13]
» Now. I know why everyone's talking about
[2:00:14]
parking.
[2:00:16]
» I would say um and other land use
[2:00:20]
amendments instead of just parking. I
[2:00:22]
didn't expand that. I'm so sorry.
[2:00:26]
and other land use amendments.
[2:00:30]
» So from your perspective, the other land
[2:00:33]
use amendments are basically made in
[2:00:36]
order to make sure that as we refer back
[2:00:38]
to them in the ADU language. We're
[2:00:41]
referring back to something that makes
[2:00:43]
sense. It's not changing previously
[2:00:47]
created ordinance. It's just updating
[2:00:50]
the language so that referrals back to
[2:00:52]
it. There there are some changes
[2:00:54]
» Some substantive changes to it. Um like
[2:00:57]
the the setback section and the the
[2:01:00]
parking elements they they are complying
[2:01:03]
some of them are comply with state code
[2:01:04]
some are for clarification some are for
[2:01:06]
consistency. So there are a variety of
[2:01:08]
things. So I'm trying to think how it
[2:01:10]
was noticed. I think it was land use
[2:01:13]
amendments. I don't think it said
[2:01:14]
parking amendments in the in the notice
[2:01:17]
online. Did it say
[2:01:20]
» Struggling to remember cuz it was like 6
[2:01:21]
months ago.
[2:01:22]
» I know. I know. And so we we can say um
[2:01:26]
what what do you think?
[2:01:29]
» Give me a second here. Sorry.
[2:01:32]
Does say
[2:01:35]
» In the the public hearing we had six
[2:01:38]
months ago?
[2:01:41]
» The ordinance I have has a different
[2:01:42]
title. Does someone else we have a
[2:01:44]
different ordinance?
[2:01:46]
Well, I had given that to Jack to change
[2:01:48]
it because the title was different about
[2:01:51]
general plan versus land use. And then
[2:01:54]
also there wasn't the the date of the
[2:01:56]
plan commission hearing was not the
[2:01:57]
actual date. So Jack made those changes
[2:02:00]
to the tooth
[2:02:03]
ordinance.
[2:02:04]
» Okay.
[2:02:04]
» Yeah.
[2:02:08]
So, I think as it's noticed and as it's
[2:02:10]
written, as I see it, you can pass the
[2:02:13]
whole thing and then come back and amend
[2:02:15]
or change it however you want.
[2:02:18]
You could pass the ADU portion of it.
[2:02:21]
You could pass the parking
[2:02:24]
portion of it.
[2:02:27]
I think you can separate them in
[2:02:28]
basically those three way. All of it,
[2:02:30]
just the ADU or the or just the parking.
[2:02:34]
But the parking was noticed as more than
[2:02:36]
parking and so it in saying parking it
[2:02:38]
does include all of the remittance.
[2:02:40]
Thank you.
[2:02:41]
» But for the motion I think that's how
[2:02:43]
you operate your motion is with those
[2:02:45]
three options.
[2:02:48]
» So if we don't pass the parking
[2:02:51]
which includes previous or revisions
[2:02:54]
previous ordinances as well as the ADU
[2:02:56]
section.
[2:02:57]
» So if we don't pass that part, we don't
[2:02:59]
have parking provisions for the ADU
[2:03:01]
section.
[2:03:01]
» We do it. It refers to the old code.
[2:03:04]
We've made minor revisions there, so it
[2:03:06]
would not be detrimental.
[2:03:08]
» So the ADU section, if we separate that
[2:03:10]
out, does include parking regulations
[2:03:12]
for the ADUs?
[2:03:13]
» For the ADUs, and it refers to the
[2:03:15]
existing code that still has enough
[2:03:17]
information to regulate parking.
[2:03:19]
» This is the
[2:03:20]
chapter 11. Does that have to be
[2:03:22]
included in this?
[2:03:24]
» Title 11.
[2:03:26]
Well, this is city code chapter 11,
[2:03:28]
title 9, chapter 11, title 20,
[2:03:31]
servability and providing an effective
[2:03:34]
date.
[2:03:35]
That's underneath an ordinance.
[2:03:39]
» That's on the warehouse.
[2:03:40]
» That's the warehouse.
[2:03:42]
» That's the we packet.
[2:03:45]
» That's in the back end.
[2:03:46]
» Yes.
[2:03:46]
» Or do we just go with what's here on the
[2:03:48]
city council agenda?
[2:03:51]
» I would go with what Brody told you.
[2:03:54]
» Got it. Okay.
[2:03:56]
We have a substantial record of what
[2:03:58]
we're talking about.
[2:03:58]
» Yes, I think we do. I'd like to make a
[2:04:01]
proposal that we
[2:04:04]
that we adopt ordinance 569,
[2:04:08]
the land use amendments.
[2:04:12]
Period.
[2:04:19]
So, as a point of order clarification,
[2:04:21]
that's to adopt everything that's
[2:04:23]
proposed. That's correct.
[2:04:25]
» Okay, I'll second it. Have a
[2:04:28]
» Motion and a second. Question.
[2:04:32]
» Could a substitute motion be made at
[2:04:34]
this point?
[2:04:37]
» You can amend the motion.
[2:04:39]
» Or is it just amend the motion?
[2:04:42]
» You can make a second motion.
[2:04:47]
» Do I have to post since I have no motion
[2:04:49]
in the second?
[2:04:49]
» No, he's he's asking the question the
[2:04:51]
right timing.
[2:04:52]
» Yeah.
[2:04:54]
So, there's been a motion and a second.
[2:04:55]
You can
[2:04:56]
» So, I'd like to make a substitute
[2:04:57]
motion. Okay.
[2:04:59]
» What I'd like to do is recommend
[2:05:02]
approval of revisions to the uh land use
[2:05:05]
code regarding accessory dwelling units.
[2:05:10]
uh to both this the chapters that deal
[2:05:12]
with the definition, the chapters that
[2:05:14]
deal with the land use and the special
[2:05:17]
regulation that is um found in in
[2:05:22]
1120260
[2:05:25]
and I make that motion with revisions
[2:05:29]
the following the land use of accessory
[2:05:32]
dwelling unit be placed as a land use in
[2:05:35]
that provision. The definition of
[2:05:38]
accessory use internal, external, and
[2:05:42]
distance accessory use be placed in the
[2:05:45]
definition section.
[2:05:47]
That the revised language be made on the
[2:05:49]
definition to be more consistent with
[2:05:52]
state laws discussed.
[2:05:55]
Um and that
[2:06:02]
and that we also add to the standards in
[2:06:06]
uh 1120260
[2:06:10]
of the city providing a record a
[2:06:13]
certificate of the county when an ADU is
[2:06:15]
approved
[2:06:19]
and uh
[2:06:21]
believe that is the motion.
[2:06:24]
» Okay. So we have
[2:06:25]
» Can I ask a question on the question?
[2:06:28]
» Could we not cover this as that was
[2:06:31]
already discussed after the fact?
[2:06:35]
» Why does it have to be added in now? I
[2:06:37]
mean, I'm asking why do you want it now
[2:06:40]
versus something we discussed later
[2:06:43]
» And added in then? Because we've talked
[2:06:45]
about this already.
[2:06:46]
I think the reason why I'm I'm making
[2:06:49]
that motion, well, I know the reason why
[2:06:50]
I'm making that motion is we clarify
[2:06:53]
that those or the revisions are made
[2:06:55]
that we've discussed and we've all felt
[2:06:57]
comfortable with. The others we have not
[2:07:00]
really figured where we are, but that
[2:07:02]
can be done later on
[2:07:06]
and especially the ones that aren't
[2:07:07]
specific to the ADU because of the time
[2:07:10]
deadline we have. At least we have
[2:07:12]
something we know it's clear. We know
[2:07:15]
where it will go. We don't have to go
[2:07:16]
back again and revise those areas a
[2:07:20]
second time. We have it set up to begin
[2:07:22]
with the first one.
[2:07:23]
» Okay. If we go with this, Jack, can you
[2:07:25]
clarify it all on paper?
[2:07:28]
» I will listen to the recording.
[2:07:30]
» Okay.
[2:07:30]
» There's nothing to stop us from making
[2:07:32]
whatever amendment you propose and
[2:07:34]
whatever discuss discussion you would
[2:07:35]
like to have in the future if we pass it
[2:07:37]
in full tonight. And if we pass it in
[2:07:39]
full tonight, we'll be in full
[2:07:40]
compliance with the state and we'll have
[2:07:42]
something to go based on until we get to
[2:07:45]
those discussions.
[2:07:47]
So that's how I see that as a win-win.
[2:07:49]
And then our the onus is on us to take
[2:07:51]
our time to do this kind of research to
[2:07:54]
ask our questions in a timely manner
[2:07:57]
instead of putting it off and not having
[2:07:59]
something in writing for the city.
[2:08:01]
» So are you saying that you're in favor
[2:08:03]
of this? I'm in favor of
[2:08:05]
» So I that call for the substantive
[2:08:08]
motion. What I haven't got a second.
[2:08:11]
» Yeah.
[2:08:13]
» So we have the
[2:08:15]
original.
[2:08:19]
» So I'm really confused as to what I'm
[2:08:22]
going
[2:08:24]
» Well, there if there's no second to the
[2:08:26]
subst.
[2:08:29]
» So Mr. Montgomery's motion has failed
[2:08:31]
for lack of a second. You have a valid
[2:08:33]
motion that's Grover that's been
[2:08:35]
seconded. So you need a roll call motion
[2:08:37]
on the original motion.
[2:08:39]
» I have a motion and I have a second with
[2:08:41]
Grover. Okay. So now we're going to do a
[2:08:44]
roll call.
[2:08:47]
And since I can't use the same list,
[2:08:55]
» I don't know where.
[2:08:57]
» Oh, here it is.
[2:09:02]
Councilman Christensen,
[2:09:04]
» Yes.
[2:09:06]
» Council member
[2:09:08]
Willson,
[2:09:09]
» Yes.
[2:09:10]
» Council member Hadley,
[2:09:11]
» Yes. Council member Montgomery, no.
[2:09:15]
Council member Crawl,
[2:09:16]
» Yes.
[2:09:17]
» Okay. Passes for
[2:09:24]
» Okay.
[2:09:27]
Our next item on the agenda is the
[2:09:30]
rightway width for West Harris for road
[2:09:32]
discussion. Um
[2:09:37]
» Greg, I I mean I could preface it if you
[2:09:39]
want to preface it
[2:09:41]
» More then that's great. I'll go ahead
[2:09:43]
and let
[2:09:43]
» Yeah. Well,
[2:09:44]
» You want me to you go ahead and start.
[2:09:46]
So I one of the reasons why this has
[2:09:48]
come up and I know there's a lot of
[2:09:49]
interest in the party today or that's in
[2:09:52]
the group is that we've had discussions
[2:09:56]
as city council and as the mayor
[2:10:00]
regarding the width of that road and the
[2:10:02]
determination of whether it's 99 ft
[2:10:04]
because there's all this not so sure
[2:10:07]
clarity. And so we were wanting to have
[2:10:09]
a discussion to discuss what the the
[2:10:13]
issues may be because our design the
[2:10:16]
design standards that we're currently
[2:10:18]
set up right now is only at an 80 foot
[2:10:20]
ride. It's not incorporating the 99 ft
[2:10:24]
that some parcels might say. We've
[2:10:27]
invited Cody to come as well so that we
[2:10:29]
could help have this discussion. Um and
[2:10:32]
so hopefully I've prefaced it good
[2:10:36]
enough. Greg, that's a you can take
[2:10:38]
over. That's a good preface.
[2:10:39]
» Okay. Appreciate that. So, my concern
[2:10:42]
has been as of even January when I first
[2:10:46]
came into the the council office was
[2:10:49]
that I I think we've got some um
[2:10:53]
miscommunications and some items taking
[2:10:57]
place that have created a lot of
[2:10:59]
confusion. And I think we don't even
[2:11:01]
have the accurate documentation to say
[2:11:04]
which is which.
[2:11:07]
State law, however, allows that the city
[2:11:10]
council
[2:11:11]
can consider
[2:11:13]
uh doing a a partial street vacation
[2:11:18]
under certain provisions. And that be
[2:11:20]
that uh we provide the names and
[2:11:24]
addresses of everyone who lives along
[2:11:25]
the street and those who are within 300
[2:11:28]
ft that may have access to that street.
[2:11:31]
uh we give notice of all the utilities
[2:11:33]
that are in that in that right of way.
[2:11:37]
We hold a public hearing and then we
[2:11:38]
determine the appropriate us that is
[2:11:41]
there good cause and a public interest
[2:11:43]
for making a revision to the right ofway
[2:11:47]
with of the street. If we decide to do
[2:11:51]
that, then an ordinance will be recorded
[2:11:54]
with legal description
[2:11:56]
and in this whole process. It does not
[2:11:59]
affect if we're doing the right of way
[2:12:01]
vacation. It does not affect the right
[2:12:04]
away or easement for public utilities
[2:12:09]
and water and sewer, gas that that this
[2:12:13]
is strictly discussion on the physical
[2:12:16]
road right of way that is travel lane,
[2:12:19]
sidewalk, those things public utilities
[2:12:23]
in place uh would still have their same
[2:12:26]
rightway easements.
[2:12:29]
I think that there's through our
[2:12:32]
ordinances, through our standards, even
[2:12:35]
through the whole process. I looked at
[2:12:38]
Wasach Toronto Regional Council and then
[2:12:40]
of course uh where the uh transportation
[2:12:44]
uh plan comes from. They talk about the
[2:12:47]
road widening being a collector street
[2:12:50]
and widening from two to three lanes in
[2:12:52]
the 66 right away in their document. We
[2:12:56]
also talk about it by
[2:12:57]
transportationally.
[2:13:00]
In the Harrisville general plan, we have
[2:13:03]
a map as a 66 to 80 foot ride ofway that
[2:13:06]
also includes a sidewalk and bike lane.
[2:13:10]
So, we have a map that's between 66 and
[2:13:12]
80 ft.
[2:13:14]
We also have in our um general plan
[2:13:17]
language that is a minor arterial which
[2:13:20]
is different from what we have on the
[2:13:22]
map or different from what watch front
[2:13:25]
regional council calls it as a local
[2:13:26]
collector.
[2:13:28]
Our own standards say that a standard
[2:13:31]
collector is 66t by the way and a minor
[2:13:34]
arterial is 84 ft which is the conflict
[2:13:37]
in language in our general plan. The
[2:13:40]
text says minor factor 84 feet. The map
[2:13:44]
says 8 66 to 80 feet.
[2:13:48]
And that
[2:13:50]
we have so much confusion that to
[2:13:52]
clarify it all as property owners have
[2:13:55]
tried to define different things as we
[2:13:56]
look at state law state law the record
[2:14:01]
um even federal law there are so many
[2:14:04]
conflicting things here. I think it is
[2:14:06]
important just to say look let's take it
[2:14:09]
and if we're saying it's 99 ft we're all
[2:14:12]
now saying we're designing this is 80T
[2:14:15]
let's get it 80 foot so everything's
[2:14:17]
consistent our local standards
[2:14:20]
front standards
[2:14:23]
um our city rightway standards
[2:14:26]
um we've got so much confusion going on
[2:14:28]
that the best way to clarify to say here
[2:14:30]
is by ordinance what the right way now
[2:14:34]
is my understanding is that while this
[2:14:37]
was once a state road, it then became a
[2:14:40]
county road and then it became a city
[2:14:42]
road. So now the jurisdiction in terms
[2:14:45]
of vacations or rightway reductions rest
[2:14:49]
upon the city.
[2:14:51]
And so that's what I wanted to bring up
[2:14:53]
as a discussion point because it's gone
[2:14:56]
on long enough of what is and what that
[2:14:59]
and I think it's just important to say
[2:15:00]
look this is where it is. We have all
[2:15:02]
these conflicting documents and let's
[2:15:05]
settle it by uh by having a public
[2:15:07]
hearing of an ordinance to establish the
[2:15:09]
rightway as 80 ft.
[2:15:11]
» Okay.
[2:15:13]
» Other discussion the council.
[2:15:16]
» I do have a question about some of the
[2:15:18]
comments that were made as far as we
[2:15:20]
made offers to
[2:15:23]
pay
[2:15:24]
homeowners or land owners for certain
[2:15:27]
things that they would do such as taking
[2:15:29]
out trees and sprinklers. Sounds like
[2:15:31]
I'm wondering if that is already
[2:15:33]
established, that's already done, that's
[2:15:35]
already committed.
[2:15:36]
» So, we can have Cody help answer some of
[2:15:38]
that, but I can help answer some of that
[2:15:40]
as well. And that is in the standard
[2:15:43]
procedure. And Cody, you help me if I'm
[2:15:45]
off or Roie, you can help as well. But
[2:15:48]
the standard procedure is is there's an
[2:15:50]
easement that's been there for whatever
[2:15:52]
that is. right now trying to determine
[2:15:56]
the 99 or the 80 ft which has always
[2:15:58]
been a real confusing point. Right?
[2:16:01]
There's some parcels along there that
[2:16:04]
say 99 ft. There's others where they've
[2:16:07]
been surveyed by professional surveyors
[2:16:11]
that call for 80 ft. Well, if if if that
[2:16:15]
if a if a land owner puts in a a fence
[2:16:20]
and it's within that easement area,
[2:16:23]
technically they don't have to do it.
[2:16:25]
They don't have to pay anything cuz it's
[2:16:26]
in the thing. But because it's
[2:16:28]
disturbing something that's already
[2:16:30]
there and then also when you start
[2:16:33]
looking at the elevation of the roadway
[2:16:36]
coming into a parcel comes in, that ends
[2:16:40]
up creating a problem. So it ends up
[2:16:42]
disturbing plants and other things. So
[2:16:45]
then it's it's a general plan that UD do
[2:16:49]
usually uses to help come in and
[2:16:51]
mitigate or take away some of that loss.
[2:16:55]
» Right,
[2:16:56]
» Cody? Is that
[2:16:57]
» That's right.
[2:16:57]
» Close.
[2:16:58]
» Okay.
[2:16:58]
» And that's already in progress.
[2:17:00]
» It's already in progress
[2:17:02]
» And we don't have plans to disrupt that
[2:17:04]
whether we change this 80 ft to 99 ft or
[2:17:08]
would that disrupt. It would disrupt.
[2:17:11]
» There will still be impacts.
[2:17:13]
» If we change it to 80 ft, we potentially
[2:17:16]
wouldn't be paying those homeowners
[2:17:18]
because we wouldn't be distributing. Is
[2:17:20]
that what we're saying?
[2:17:21]
» No, not
[2:17:22]
» We would still.
[2:17:23]
» So, right now we're
[2:17:25]
the only settlements that are being made
[2:17:26]
is on the 80 foot because that's the way
[2:17:29]
the design currently sits.
[2:17:30]
» Oh, I see.
[2:17:31]
» It's not going with the 99 ft.
[2:17:33]
» So, we haven't made offers on up to 99
[2:17:35]
ft yet, but we potentially could.
[2:17:38]
» No. So the impact of the design of the
[2:17:40]
roadway is only impacting 80 feet for
[2:17:44]
the improvements sidewalk to sidewalk.
[2:17:48]
But the and sorry that's the roadway
[2:17:50]
impact. But the grading issues and all
[2:17:54]
that go down into people's yards.
[2:17:56]
Whether you're whether you move the
[2:17:58]
rideway into 80 ft or keep it where it
[2:18:01]
is, we're still impacting.
[2:18:03]
» Okay.
[2:18:04]
» Yeah. So the intent is still there
[2:18:06]
regardless of this question and we will
[2:18:08]
still proceed with that
[2:18:11]
with the same number of owners.
[2:18:14]
» Well in addition to that there's the
[2:18:17]
impact is such where the the grading of
[2:18:20]
the property.
[2:18:22]
So if you have this roadway that sits up
[2:18:24]
here and their driveway was down here
[2:18:27]
and now we bring that line up to here.
[2:18:30]
it still needs to be sloped off or put
[2:18:32]
in block or something else, you know, to
[2:18:35]
to build it up to to hold the roadway or
[2:18:39]
the sidewalk. And so, yeah, there's
[2:18:42]
impact there, but that doesn't
[2:18:43]
necessarily
[2:18:45]
the easement
[2:18:46]
is is a different scenario.
[2:18:49]
» Okay.
[2:18:49]
» In one sense, is how I see it.
[2:18:51]
» So, you have the 99th
[2:18:55]
that is is a question.
[2:18:58]
» Yes. And then you have the 80 foot
[2:19:00]
design width.
[2:19:03]
That's what everything is being designed
[2:19:05]
to,
[2:19:06]
» Right?
[2:19:07]
» And then you have the
[2:19:09]
» The areas that are impacted because of
[2:19:11]
the elevations of the road versus the
[2:19:13]
properties.
[2:19:15]
» So
[2:19:15]
» So is every homeowner in that corridor
[2:19:18]
being offered this then?
[2:19:19]
» Well, because everybody that's affected
[2:19:22]
some there's some settlement that's in
[2:19:24]
there. That's part of the overall
[2:19:26]
estimate. I mean, it's, you know, when
[2:19:28]
when they came and when Highway 89 came
[2:19:31]
down my property, they changed the
[2:19:34]
elevation, you know, like 8 ft,
[2:19:37]
something like that. And so, it made a
[2:19:39]
difference of that approach piece in the
[2:19:42]
back of my property. Well, they came and
[2:19:44]
made arranged this with me to number one
[2:19:48]
to be able to run their construction
[2:19:50]
crews on along there and then and
[2:19:52]
addition changing the slow
[2:19:55]
I had to sign documents to that.
[2:19:57]
» Okay. So, that's the documents that they
[2:19:59]
were referring to in the public comment
[2:20:03]
that we're going to give you this in
[2:20:06]
addition in in turn for X, right? And
[2:20:10]
the X would be access to the land which
[2:20:12]
we already technically are claiming that
[2:20:15]
we own.
[2:20:16]
» We're not asking for that property with
[2:20:20]
» Fences, landscaping,
[2:20:23]
» Other amenities that are involved in the
[2:20:25]
properties. That's that's really
[2:20:27]
» So there signatures indicating they're
[2:20:29]
approval for access, not some sort of
[2:20:32]
land ownership transfer.
[2:20:35]
» You can answer that.
[2:20:36]
» Yeah. So, there's multiple things going
[2:20:38]
on there. So, um we're saying that the
[2:20:42]
right now the rightway is at 99 ft where
[2:20:45]
we're talking about where we need to tie
[2:20:47]
in their driveways because of the slope
[2:20:49]
differential of the road. We would need
[2:20:51]
an easement, a temporary easement to get
[2:20:54]
on. So, they're signing for that
[2:20:56]
easement. That's why
[2:20:58]
» Temporary
[2:20:59]
» Temporary construction easement
[2:21:01]
» Just for the duration of the project.
[2:21:02]
» Just for the duration of the project to
[2:21:04]
tie those improvements back in.
[2:21:05]
» Yeah. The second piece is we're paying
[2:21:09]
them for trees and fences that we're
[2:21:12]
disrupting inside the rideway.
[2:21:16]
And then the third thing is there's so
[2:21:19]
how many properties are on there?
[2:21:21]
» 16.
[2:21:21]
» 16 of the 16 properties
[2:21:25]
there are five that have overlapping
[2:21:28]
property that overlaps the rideway line.
[2:21:32]
For those five properties, we are um
[2:21:37]
asking them to sign a deed to clean up
[2:21:40]
their rideway or to remove the portion
[2:21:43]
that's inside the city right away.
[2:21:47]
That's the that's the discussion. That's
[2:21:50]
the main discussion.
[2:21:54]
» And we're saying we need their signature
[2:21:57]
because
[2:21:59]
» Right now it's changing the deed.
[2:22:02]
need.
[2:22:03]
» Yeah. And we don't have to have it. It's
[2:22:06]
just something that it's part of the
[2:22:08]
process
[2:22:09]
» To um
[2:22:14]
how do you term it? I'm using the word
[2:22:16]
clean up, but adjust.
[2:22:20]
So the property owner basically isn't
[2:22:22]
paying for for property that they're not
[2:22:26]
technically using. So it benefits the
[2:22:29]
property owner in the sense that they
[2:22:31]
are their parcel is now smaller and so
[2:22:34]
their tax bill is lowered. Is that what
[2:22:36]
you're saying?
[2:22:37]
» That that's one benefit. Yeah. Whether
[2:22:39]
it's a huge benefit.
[2:22:40]
» I was asking about what you're saying.
[2:22:42]
I'm not saying agree or disagree.
[2:22:44]
» Yes. But we I sorry.
[2:22:48]
Um, we did verify with you DOT that that
[2:22:51]
warranty deed to get their property
[2:22:54]
description to match up with the rideway
[2:22:56]
line um, isn't necessary to be able to
[2:22:59]
move forward with the project. So,
[2:23:00]
property owner has opt not to sign that
[2:23:02]
warranty deed.
[2:23:04]
» Then we can still do the other two
[2:23:06]
things. Pay them for the easement,
[2:23:09]
construction ement, and also pay them
[2:23:11]
for trees or whatever that we're
[2:23:14]
disrupting. And that's coming from all
[2:23:16]
all this goes through because it's a
[2:23:18]
fedally funded project. It all goes
[2:23:20]
through you right away division for all
[2:23:22]
the approvals of all the documents and
[2:23:24]
the process has to follow the federal
[2:23:26]
process for acquiring it.
[2:23:27]
» So if a homeowner decides that they want
[2:23:30]
to take legal action as far as claiming
[2:23:33]
the property that we're asking them to
[2:23:35]
sign the deed. So those five properties
[2:23:37]
where we want them to turn over the
[2:23:39]
officially.
[2:23:40]
» Sure. Would they be giving up the right
[2:23:43]
to any sort of legal action if they do
[2:23:45]
sign that deed
[2:23:47]
» Over to us?
[2:23:50]
» Yes,
[2:23:50]
» I think so. But keep it in mind if they
[2:23:53]
don't do it then their property will be
[2:23:55]
the road,
[2:23:56]
» Right? I mean, unless they decide to
[2:24:01]
» My piece of property on 750 West when I
[2:24:03]
first bought it. My property line went
[2:24:05]
to the center of the road and it has a
[2:24:08]
60oot easel. So, I'm paying for 30 ft of
[2:24:12]
property that isn't technically mine,
[2:24:15]
and I I took it off because I didn't
[2:24:17]
want to be paying
[2:24:19]
» That square footage,
[2:24:20]
» Right? And if the homeowner agrees
[2:24:24]
to that view of things, then it would
[2:24:26]
make sense to decide that. But if
[2:24:28]
they're in disagreement and they think,
[2:24:30]
"No, I do have a legal right to this
[2:24:32]
property and I don't want it built
[2:24:33]
upon," then that's a difficult decision
[2:24:35]
for the homeowner to
[2:24:36]
» Yeah.
[2:24:38]
» Thank you. Anything
[2:24:42]
else you have, Cody?
[2:24:44]
» Just here to answer questions if I can.
[2:24:46]
Yeah.
[2:24:47]
» Any others?
[2:24:48]
» I just The Eastman goes either way and
[2:24:53]
it's that one of those areas that's
[2:24:55]
really vague where the Eastman actually
[2:24:58]
goes. So when we're talking about the
[2:25:01]
80ft road, then their eastments are on
[2:25:03]
the outside of that.
[2:25:04]
» Yes.
[2:25:05]
» And they will still have
[2:25:07]
utilities will have access to all that
[2:25:10]
even though it may run into the property
[2:25:12]
even though it's an easement,
[2:25:15]
you know, and that's part of the
[2:25:16]
disruption of everything that's going on
[2:25:18]
right now. If I'm understanding what?
[2:25:21]
» Yeah. And so that would have to be a
[2:25:23]
separate question if I'm understanding.
[2:25:25]
If you move to the 80ft ride of way
[2:25:28]
and most of the utilities fit in there,
[2:25:32]
but their power lines and others that
[2:25:34]
are outside it, that would be the
[2:25:36]
discussion that they would have to come
[2:25:38]
and want an easement in order to
[2:25:41]
maintain their equipment across people's
[2:25:43]
property. Well, what what would happen
[2:25:45]
at least as I read state law street
[2:25:48]
vacation or street reduction vacating
[2:25:51]
all the parts is that utilities still
[2:25:54]
have a right to an easement.
[2:25:55]
» Yeah. So that be the sewer line, the
[2:25:57]
water line, power line,
[2:26:00]
» The public utilities still retain an
[2:26:03]
easement, but we do not if we vacate to
[2:26:07]
an 80oot right away, we do not have
[2:26:09]
right to public improvements of street,
[2:26:12]
curb, gutter, sidewalk on that property.
[2:26:15]
And that's what that's what the
[2:26:16]
reduction would do is saying those
[2:26:19]
physical things that are above ground
[2:26:22]
are reduced to staying within an 80ft
[2:26:24]
ride of plane. But those other things
[2:26:26]
that may be in place still will retain
[2:26:28]
an easement, but it'll still be on
[2:26:30]
private property with a public utilities
[2:26:32]
easement on them.
[2:26:34]
» Is that how you understand?
[2:26:38]
» Yes.
[2:26:38]
» And with that access, would that also
[2:26:41]
include limitations on things like trees
[2:26:44]
being able to be planted?
[2:26:46]
» Depends what the public facility
[2:26:48]
has as a reasonable. So let's say there
[2:26:51]
is a tree blocking access and we and the
[2:26:55]
homeowner has rejected our offer to pay
[2:26:58]
them to take it down.
[2:27:00]
Then where does that stand? If we go
[2:27:02]
down to the AD then do we not have any
[2:27:05]
ability to ask for that?
[2:27:08]
» Yeah. So, and I apologize. It's
[2:27:12]
difficult and and I don't mean this to
[2:27:15]
be rude, but you're all talking about
[2:27:16]
different things and I it's hard to
[2:27:19]
answer.
[2:27:20]
» Well, the homeowners are facing the same
[2:27:22]
things. So, we need to make it
[2:27:24]
understandable for them to know what
[2:27:27]
they're agreeing to.
[2:27:28]
» So, so let me ask kind of clarifying in
[2:27:31]
the question you just asked, did we move
[2:27:34]
forward with Greg's plan to shrink?
[2:27:37]
» Yes. to so if we shrink off our current
[2:27:40]
rideway, we've essentially given those
[2:27:42]
property owners land and is the city the
[2:27:46]
government is no longer able to use that
[2:27:49]
19 ft for any other improvement ever
[2:27:52]
unless we pay for it later on. Right.
[2:27:55]
» The city but utilities would still have
[2:27:57]
access to what they need.
[2:27:59]
» No, not necessarily.
[2:28:00]
» Okay. what's existing. If there needs to
[2:28:03]
be other utility improvements,
[2:28:06]
we don't have the ability to do that
[2:28:10]
if we vacate it. Would that make sense?
[2:28:14]
» I'm trying to square that with what I
[2:28:15]
know about recent utility updates that
[2:28:17]
have been made in our neighborhoods
[2:28:19]
» Updates. I'm talking about new
[2:28:21]
utilities.
[2:28:22]
» I see.
[2:28:22]
» Okay. So, so right now, Roie, yeah. Um,
[2:28:25]
if we went along with the 99 ft, the
[2:28:29]
road itself and all the improvements are
[2:28:31]
still going to only be 80.
[2:28:32]
» Correct.
[2:28:33]
» But the city still owns 99. Is that what
[2:28:37]
we're saying?
[2:28:38]
» Okay. I just want to make sure I
[2:28:40]
understand.
[2:28:42]
» So then we would have access to that
[2:28:46]
what 9 and 1/2 ft on both sides or just
[2:28:49]
one side.
[2:28:50]
» Yeah. It it moves, right?
[2:28:53]
» Okay. And then that's for utilities and
[2:28:56]
access, but we're not going to build on
[2:28:58]
anything on it. Right now, we're doing 8
[2:29:00]
ft
[2:29:01]
» Currently. Yes.
[2:29:03]
» But in the future, we could do something
[2:29:05]
is what the 99 ft is saying.
[2:29:08]
» Mhm.
[2:29:09]
» Okay, I understand. Thank you. Okay. I
[2:29:11]
just want to make sure. Sorry. Go ahead.
[2:29:13]
» So, the purpose of taking action
[2:29:16]
of the 80 ft here is not necessarily to
[2:29:19]
enable the current project. is looking
[2:29:22]
forward and saying we don't want to just
[2:29:24]
give out this land today,
[2:29:29]
but we could potentially in the future
[2:29:31]
if we just leave it be how it is.
[2:29:33]
» Yeah. So, and I can't speak for the
[2:29:35]
intentions. The way I understand it is
[2:29:37]
currently there's a 99 ft rideway.
[2:29:40]
There's some property owners who
[2:29:42]
disagree with that and that's fine. They
[2:29:43]
they can do that. Um
[2:29:47]
there's, you know, speaking to that,
[2:29:50]
like there is nothing that prohibits
[2:29:52]
them currently from trying to clear that
[2:29:54]
up in a title action, right? Okay. But
[2:29:58]
as I understand it, what Mr. Montgomery
[2:30:01]
is talking about is we as a city would
[2:30:03]
just say well we think to be nice for
[2:30:07]
goodwill for clarification because we
[2:30:08]
think it's the right thing to do we're
[2:30:10]
just going to make it now on and forever
[2:30:12]
more an 80 foot ride right away and
[2:30:14]
essentially lose that 19 ft
[2:30:17]
» What is forcing us to do that now is
[2:30:20]
there anything
[2:30:20]
» Nothing this is
[2:30:21]
» Okay so this only came up because we
[2:30:24]
were asking homeowners to make changes
[2:30:26]
to their property
[2:30:27]
» This came up because Mr. Montgomery
[2:30:29]
thinks it's a good idea unless I'm
[2:30:31]
wrong. Yeah.
[2:30:32]
» But if we weren't doing this project at
[2:30:34]
all, it most likely wouldn't be an issue
[2:30:36]
today.
[2:30:38]
Well,
[2:30:39]
» No, I think some other considerations
[2:30:42]
because like for example, one of the
[2:30:44]
considerations is if we go out to that
[2:30:48]
» 99 and whatever it is feet, you're uh
[2:30:53]
right right now we're pretty close to
[2:30:56]
some of the people's front porches
[2:30:58]
within 80T as is. And they essentially
[2:31:03]
can take all the way up to their front
[2:31:05]
porch. Okay.
[2:31:07]
» So, we weren't planning to shoot that.
[2:31:08]
» No, but that's what it's saying that
[2:31:10]
they could do with it. And then what
[2:31:12]
compensation are they going to get? Cuz
[2:31:14]
no one's going to buy that property,
[2:31:15]
» Right?
[2:31:16]
» No one's going to tear that house down.
[2:31:18]
And and so it gives them property rights
[2:31:21]
to be able to protect their homes.
[2:31:30]
But unfortunately, there's a lot of
[2:31:32]
confusion because like I said before, is
[2:31:35]
there's
[2:31:36]
professional
[2:31:38]
surveying companies that have come in
[2:31:40]
and done studies of whatever and have
[2:31:43]
determined on plats of property that
[2:31:46]
they're showing 80 ft. But then there's
[2:31:49]
also others
[2:31:51]
that show 99 ft, but I don't know the
[2:31:53]
exact number between how many show 99
[2:31:57]
versus how many show.
[2:31:58]
» Yeah, it's interesting. I mean our our
[2:32:01]
the professional land surveyor that was
[2:32:03]
hired to do this work has done so much
[2:32:06]
research and gone back the some of the
[2:32:08]
surveys that show 80 were fitted kind of
[2:32:10]
to the existing improvements and going
[2:32:13]
off the best knowledge they had. Um, so
[2:32:16]
there's a few that show the 80. Every
[2:32:18]
um, even if you go to the county, every
[2:32:20]
ownership plat they have on record the
[2:32:23]
plats going back to 1973. And every
[2:32:25]
ownership plat from there up to current
[2:32:28]
still show the 99 ft because I think
[2:32:31]
what it is, it was an old what the
[2:32:32]
surveyor said, it's an old county, it
[2:32:35]
was an old county road right away. That
[2:32:37]
was a six rod road of 99 ft. and there's
[2:32:40]
never been a document or a an instrument
[2:32:44]
that changed that. So, and then the 80
[2:32:47]
foot um state rideway that they talked
[2:32:49]
about, UD do had a proposal to widen and
[2:32:53]
do a big uh construction project on West
[2:32:56]
Harrisville Road back in the 60s. And
[2:32:58]
so, they had and on their plans they
[2:33:00]
showed a construction project right away
[2:33:03]
of 80 ft. And they also showed the 99
[2:33:06]
feet, but they were going to occupy the
[2:33:07]
80 feet for their project that was
[2:33:09]
abandoned in 1969.
[2:33:12]
Um, so some of the there was a survey
[2:33:14]
mark or find found out there from that
[2:33:16]
time when UDOT came in and set that 80
[2:33:19]
foot rideway for their construction
[2:33:21]
project, but that was within the 99 ft
[2:33:24]
rideway. But there weren't ever any
[2:33:26]
documents that the surveyor found that
[2:33:28]
showed that that was that that rideway
[2:33:31]
with ever was actually changed from the
[2:33:34]
99 to anything else. So that's um I mean
[2:33:38]
that's where the 99 comes from.
[2:33:40]
» So how many of the homes that are six
[2:33:42]
like what 16 houses that are affected?
[2:33:45]
How many of those 16 houses show 99
[2:33:48]
show?
[2:33:50]
He said, uh, 10 have 10 have legal
[2:33:54]
descriptions that agree with the 99 ft
[2:33:56]
rideway. Six have newer legal
[2:33:59]
descriptions that overlap the 99 ft
[2:34:01]
rideway. Several of the properties with
[2:34:04]
newer legal descriptions that overlap
[2:34:06]
the 99 ft can be researched to find
[2:34:09]
historical descriptions of the same
[2:34:11]
property that agree with the 99,
[2:34:15]
» But none of them go show 8 ft. That's
[2:34:19]
» The some of these newer descriptions.
[2:34:20]
» A couple of them show you and then a
[2:34:22]
couple of them buried.
[2:34:25]
» Weirdly enough,
[2:34:28]
» So that's kind of the challenge.
[2:34:32]
Anyway,
[2:34:34]
must be labor because it's not an action
[2:34:35]
item that I think is a discussion. I
[2:34:38]
think we've discussed it. I think that
[2:34:40]
we need to move it on to another
[2:34:44]
possible discussion where
[2:34:48]
you know even if you want to turn it
[2:34:51]
into a public hearing maybe the council
[2:34:54]
wants to turn it into a public hearing
[2:34:57]
figure out where you want to go with it
[2:34:58]
and make no change.
[2:35:00]
» Yeah, that'd be that'd be my reason I
[2:35:03]
brought this up today is to say here are
[2:35:05]
the issues out there. I think it'd be
[2:35:06]
important to set a public hearing uh to
[2:35:11]
get a a conclusion to run.
[2:35:14]
» Okay. So, what we need to have is three
[2:35:16]
of you state that we want to do a public
[2:35:18]
hearing.
[2:35:20]
» So, is that right? Well,
[2:35:22]
» I think a motion.
[2:35:24]
» Well, you can't you can't make a motion.
[2:35:26]
» Oh, this is discussion. Okay.
[2:35:28]
» But I guess the question is you have a
[2:35:31]
public hearing as I understand it. If
[2:35:33]
the plan is to vacate city property,
[2:35:38]
you don't really
[2:35:45]
» So, in other words, we need a plan. We
[2:35:48]
can't just say come in and tell us your
[2:35:50]
opinions, yes or no. We need to have a
[2:35:52]
plan of action and then hear what people
[2:35:55]
» So, if you wanted to schedule a special
[2:35:57]
meeting, a town hall type meeting to
[2:35:59]
just receive input, you can always do
[2:36:01]
that as a council, but an actual public
[2:36:04]
hearing on the item that's up for
[2:36:06]
discussion is a specific public hearing
[2:36:08]
under the state code to vacate city
[2:36:12]
property.
[2:36:14]
So if you want to do that then you'd
[2:36:16]
have to give some direction and staff
[2:36:17]
can work on that.
[2:36:18]
» So if I'm understanding you correctly we
[2:36:21]
could do a town hall that's a notice
[2:36:23]
town hall that all of us could be at but
[2:36:25]
that would still be a public meeting.
[2:36:27]
Absolutely.
[2:36:28]
» You can all because Yeah, you can always
[2:36:30]
have that special meeting if three of
[2:36:31]
you want to skip.
[2:36:34]
» And if it were just that type of meeting
[2:36:36]
at town hall, we wouldn't necessarily
[2:36:38]
need a plan of action or we still would
[2:36:40]
» Well, you can't make it you can't
[2:36:42]
decision.
[2:36:42]
» Yeah, you can't make a decision or pass
[2:36:45]
anything at the town hall. The town hall
[2:36:46]
would be for public to receive public
[2:36:48]
input,
[2:36:49]
» Have some discussion, but that's
[2:36:51]
» Isn't that also true with the public
[2:36:53]
hearing? public hearing.
[2:36:55]
» You have to if you're here to do a
[2:36:56]
public hearing, you got to have to have
[2:36:58]
something
[2:36:59]
» A plan like you have,
[2:37:00]
» Right? But I'm saying we wouldn't make a
[2:37:02]
decision that night with public hearing
[2:37:04]
either.
[2:37:04]
» No
[2:37:07]
code that they're considering has
[2:37:10]
» I thought that had to be the only item.
[2:37:12]
» No, that's only the tax. Okay. I
[2:37:14]
apologize.
[2:37:15]
» Yeah. And the other thing to consider
[2:37:18]
like
[2:37:19]
Montgomery said, you can write, you can
[2:37:21]
do this. It would as far as the roadway
[2:37:25]
construction project
[2:37:27]
that would obviously change all the doc
[2:37:30]
the rightway documents all the um um I
[2:37:35]
guess easements or temporary
[2:37:37]
construction easements. Um so that that
[2:37:41]
would have a big impact on the project
[2:37:43]
and being able to move forward. Now,
[2:37:46]
there's nothing to say, I don't think,
[2:37:47]
that you couldn't do that after another
[2:37:50]
project or after it's under construction
[2:37:53]
because it because the improvements
[2:37:54]
aren't changing either way, right? We're
[2:37:56]
not we're not either way. We're not uh
[2:38:00]
saying that the design of the roadway is
[2:38:02]
going to change. Um
[2:38:04]
» Because as of right now, you're saying
[2:38:06]
» All the doc Yeah.
[2:38:07]
» All the documents say that we own 99 ft.
[2:38:09]
» Yeah. Right. So, they're all based off
[2:38:10]
of that.
[2:38:11]
» So, right now, we own the land is what
[2:38:13]
it's saying,
[2:38:14]
» Right? And then if they do the 80 ft,
[2:38:17]
we're we want to do 80 ft either way.
[2:38:21]
» And we can do that whether or not
[2:38:23]
» Building
[2:38:25]
anything.
[2:38:26]
» You know what I'm saying?
[2:38:26]
» Yeah.
[2:38:27]
» But if we change it to 80 ft, then
[2:38:30]
you're saying we're giving the
[2:38:32]
homeowners land back is what you
[2:38:34]
mentioned, right, Roie?
[2:38:37]
» So
[2:38:37]
» I just want to make sure I understand.
[2:38:39]
I'm sorry.
[2:38:39]
» Yeah. So you could You're giving the
[2:38:41]
property owners lands.
[2:38:44]
Yes.
[2:38:45]
» Okay.
[2:38:46]
» Yeah. And why that matters is now UD's
[2:38:49]
rightway team to comply not only with
[2:38:51]
their standards but also the federal
[2:38:52]
standards
[2:38:53]
» Have to redo every right of way.
[2:38:56]
» Yes.
[2:38:56]
» And Matt's nicer than I you can do that.
[2:39:00]
It will mess up the project and it may
[2:39:02]
or may not happen
[2:39:04]
currently.
[2:39:05]
» Right.
[2:39:06]
» That's just the reality of this
[2:39:07]
discussion.
[2:39:10]
» Could I can I ask one question? So you
[2:39:13]
we talked about the 80oot rideway and if
[2:39:17]
we would if we approved a reduction to
[2:39:20]
80ft rideway
[2:39:22]
that would be from center line is the
[2:39:25]
design done such that the 80oot is 40 ft
[2:39:29]
on each side of the center line.
[2:39:35]
Yeah, I'm trying to remember. Um
[2:39:40]
cuz I think the center line of the
[2:39:42]
rideway, so for example,
[2:39:46]
where the road where the asphalt sits
[2:39:48]
now and the and the double yellow
[2:39:51]
stripe, the center line of the rideway
[2:39:54]
is about one or two feet north.
[2:39:59]
And so
[2:40:02]
of of that line.
[2:40:05]
So the improvements are being made where
[2:40:09]
50 ft of asphalt is beginning at the lip
[2:40:14]
of the curbon gutter on the north side
[2:40:16]
cuz the north side curb gutter staying
[2:40:19]
and then going 50 ft across.
[2:40:22]
Anyway, so it's not a perfect, you know,
[2:40:26]
uh 40 and 40, I guess.
[2:40:28]
Um, as far as center of the roadway,
[2:40:33]
it's one or two feet off
[2:40:36]
» Favoring
[2:40:39]
when I say favoring the south, less
[2:40:41]
impacting the south than the north.
[2:40:47]
» Let's just say
[2:40:48]
» Less impacting the north than the south
[2:40:50]
» Because all the work is going to be
[2:40:52]
taking place on the south side. Well,
[2:40:53]
all the work's going to be taking place
[2:40:54]
on the south side, but I'm saying we're
[2:40:56]
we're one or two feet hugging the road
[2:40:59]
to the north side.
[2:41:00]
» Oh, okay.
[2:41:01]
» But it's saying, yeah, if it got
[2:41:03]
changed, the rideway would actually be
[2:41:06]
further to the north of the north
[2:41:08]
sidewalk than it would be the south
[2:41:10]
sidewalk, right?
[2:41:12]
» Yeah.
[2:41:12]
» It's not centered. It's not centered
[2:41:17]
perfectly,
[2:41:18]
» But the improvements like uh I think
[2:41:21]
that 80 foot line lands a foot or so
[2:41:25]
behind the sidewalk. Our proposed
[2:41:27]
improvements, right? That sound right?
[2:41:29]
» Yeah.
[2:41:33]
If we choose, excuse me, if we choose
[2:41:35]
not to vacate the property and the
[2:41:38]
homeowners choose not to sign any of our
[2:41:40]
documents,
[2:41:42]
do we have what happens with the
[2:41:44]
project? Do we have some sort of feud
[2:41:46]
going on there or is it just we still
[2:41:48]
can do the project and the homeowners
[2:41:50]
just don't get compensation?
[2:41:54]
So of the three items that we discussed,
[2:41:57]
the temporary easement, the payment for
[2:42:00]
trees and then the so they and then the
[2:42:04]
third one would be signing of the
[2:42:06]
overlapping rideway for the the five
[2:42:08]
that have that issue.
[2:42:10]
Um so we wouldn't do the overlapping
[2:42:13]
rightway. We wouldn't sign that. Um,
[2:42:17]
some people don't want to be paid for
[2:42:18]
their trees,
[2:42:20]
but we wouldn't be able to get on their
[2:42:22]
property and tie in
[2:42:25]
their driveways. So, that would be the
[2:42:27]
showstopper.
[2:42:30]
» We go to the combination process for
[2:42:33]
that temporary construction.
[2:42:36]
And the goal of that would then through
[2:42:39]
condemnation,
[2:42:41]
you would have somebody basically
[2:42:44]
say yes or no that that
[2:42:47]
we allow the contractor to tie in your
[2:42:50]
driveway,
[2:42:54]
» Which would be a separate a follow-up
[2:42:58]
request separate from what requests have
[2:43:00]
already been made.
[2:43:03]
No, it would be not a se it'd be the
[2:43:06]
same request, but then it goes through a
[2:43:08]
more formal judge hearing process where
[2:43:11]
a judge decides.
[2:43:12]
» So then the homework has to make their
[2:43:14]
case.
[2:43:15]
» Yeah.
[2:43:15]
» Have a judge.
[2:43:19]
» So the temporary easement is what we
[2:43:21]
need to to do the prop project. We don't
[2:43:25]
need any of the other two things,
[2:43:28]
» But we could potentially get that
[2:43:30]
without vacating the property and
[2:43:32]
without forcing them to sign the deed.
[2:43:36]
» And areas has this all been clearly
[2:43:38]
explained to the homeowners?
[2:43:40]
» No.
[2:43:40]
» Okay.
[2:43:41]
» No, we've met with each homeowner and
[2:43:44]
discussed those options. In the
[2:43:47]
beginning, it was we needed them to sign
[2:43:49]
the deed, but we've gone back and met
[2:43:52]
with the federal agency that's helping
[2:43:54]
us and um asked them if we had to do
[2:43:58]
that, and the answer was no.
[2:44:01]
So,
[2:44:02]
» So those those property owners you can
[2:44:05]
go back to and say, "We don't if you
[2:44:08]
don't want to sign the warranty deal, we
[2:44:09]
don't need that." But they still could
[2:44:11]
sign the
[2:44:12]
» Construction easement and compensation
[2:44:14]
estimate. Yeah,
[2:44:20]
» Seems important that we discuss with
[2:44:22]
them instead of just clinging to our
[2:44:25]
legal like we have legal resources that
[2:44:26]
they don't have necessarily. So,
[2:44:28]
» Right. And our acquisition agent Shannon
[2:44:31]
that's been mentioned, she's been
[2:44:32]
meeting regularly with these property
[2:44:35]
owners.
[2:44:38]
» I know she's trying to reach out to all
[2:44:39]
of them.
[2:44:40]
» Yeah. Each time we get new information,
[2:44:42]
we try to update everybody.
[2:44:45]
I'm sure it's so confusing though people
[2:44:47]
who aren't lawyers.
[2:44:51]
» Okay.
[2:44:55]
» You want to do any
[2:44:57]
suggestions or you just want to
[2:45:00]
move on to the next item on the agenda.
[2:45:03]
We've had a pretty decent discussion.
[2:45:06]
I'm always open to town hall idea. I
[2:45:08]
don't know if anyone else. I am
[2:45:10]
definitely either that or
[2:45:14]
me too.
[2:45:18]
» We got three to do the town hall
[2:45:25]
like
[2:45:27]
» Before it gets cold
[2:45:29]
before.
[2:45:31]
» Well, maybe if we get a lot of people
[2:45:34]
here,
[2:45:34]
» This won't be a big enough place to
[2:45:36]
hold.
[2:45:36]
» We could do the cabin or Let's
[2:45:45]
say you guys have a time or date when
[2:45:47]
you'd like to do that.
[2:45:52]
» Tuesday night just because that's what
[2:45:53]
we normally do.
[2:45:56]
» We just can't do it.
[2:45:57]
» How much notice time is required?
[2:45:59]
» 24 hours.
[2:46:00]
» 24 hours
[2:46:04]
» For us to We give more notice than that
[2:46:07]
regularly. The state law requires 24
[2:46:09]
hours.
[2:46:12]
» How about September 22nd in two weeks?
[2:46:14]
» Say 22nd and 29th.
[2:46:19]
» 22.
[2:46:22]
How about the 22nd?
[2:46:26]
» Will we have the court?
[2:46:28]
» Yeah, I can be there.
[2:46:31]
» All right.
[2:46:31]
» Okay. So, the 22nd we'll do that.
[2:46:37]
Okay. Item number C, the North View Fire
[2:46:40]
Station presentation.
[2:46:44]
Cody, if you want to run away, you can.
[2:46:48]
» You guys really know how to throw a
[2:46:50]
party. I'll tell you. Staying up past my
[2:46:52]
bedtime.
[2:46:55]
» I should have gave you a warning.
[2:46:57]
» No, I appreciate you guys. All right.
[2:47:02]
» Talking too long. I think it's
[2:47:04]
important.
[2:47:13]
extra copy.
[2:47:15]
» You have a clicker.
[2:47:18]
» It's PDF. So, scroll down.
[2:47:24]
» All right. I'll do my best to stay
[2:47:25]
behind this. I'm kind of a walker when I
[2:47:27]
talk. So, if I start straying away too
[2:47:29]
much, Jay will be after. Maybe you
[2:47:31]
should. Of course.
[2:47:36]
All right. Thanks for uh making a little
[2:47:37]
bit of time. I'm uh pleased to accept
[2:47:39]
the invitation from the mayor. Went with
[2:47:41]
the mayor and Jenny last week to give
[2:47:44]
them an update on what our plans are and
[2:47:46]
and uh give the mayor kind of up to
[2:47:48]
speed with how this process has evolved.
[2:47:50]
There's a lot of history in the last 3
[2:47:52]
years. And they suggested that I come
[2:47:54]
and and give you guys kind of the same
[2:47:56]
uh education on on process history and
[2:47:59]
and what we have planned and kind of
[2:48:01]
what our next steps are. So, please keep
[2:48:03]
this informal if you guys have any
[2:48:04]
questions. I'll try to I'll try to move
[2:48:06]
quick. Got more to do than this. Looks
[2:48:10]
like. All right. So, all this started I
[2:48:12]
I came up to North View. I spent 25
[2:48:15]
years down in the Salt Lake Valley in
[2:48:16]
West Jordan here. Uh ton of experience
[2:48:19]
in strategic planning response analysis.
[2:48:21]
So, of course, that's the first thing I
[2:48:22]
did when I got here was dive into the
[2:48:24]
resource analysis. Look at our response.
[2:48:27]
How are we doing? We measure response
[2:48:29]
and concentration, distribution, and
[2:48:31]
reliability. Again, I won't go too far
[2:48:33]
into those, but that's sort of the the
[2:48:35]
framework of the things we talk about as
[2:48:37]
we look at how good is your service, how
[2:48:39]
well are we meeting benchmarks and and
[2:48:41]
uh national recommendations. So, one of
[2:48:43]
the first things we do is we try to do
[2:48:45]
the the thing that makes the most sense,
[2:48:48]
probably anybody, even without training,
[2:48:50]
is we want to look at where our calls
[2:48:51]
are. So distribution talks about are our
[2:48:54]
resources located in the correct
[2:48:55]
location to respond to where our
[2:48:57]
emergencies are. So just like in a war
[2:48:59]
if you have an enemy in a certain area
[2:49:01]
you'd expect to have contact. You would
[2:49:03]
want to have your people and your
[2:49:04]
resources in those areas. So this is
[2:49:06]
what's called a heat map. So you can see
[2:49:07]
the hotter areas are highest
[2:49:09]
concentration of emergence. So that is
[2:49:11]
lights and siren responses only. So that
[2:49:14]
is not anything that we would run
[2:49:15]
without lights and sirens too. So this
[2:49:17]
is a true emergency as coded by
[2:49:19]
dispatch. those areas show up for
[2:49:22]
medical in that high heat area. So you
[2:49:24]
can see in the district here that our
[2:49:26]
highest heat area, our most focus point
[2:49:29]
concentrated call volume is just right
[2:49:32]
around station 21 in North Odin and just
[2:49:34]
below and then up and down the 89
[2:49:36]
corridor. You can see that the little
[2:49:39]
icons represent the red ones, the fire
[2:49:41]
stations that currently exist. The white
[2:49:43]
ones are fire call. So heat is medical.
[2:49:45]
The white icons are fire.
[2:49:49]
Uh the next thing we look at is how long
[2:49:52]
not only are our resources located in
[2:49:54]
the correct location, but that dictates
[2:49:56]
how long it takes our resources to get
[2:49:58]
to an emergency. So that's when we start
[2:50:00]
to talk travel. NFPA 1750 says that we
[2:50:03]
should be able to get from our station
[2:50:05]
facility to your emergency in 4 minutes
[2:50:08]
or less. Now, that doesn't include the
[2:50:09]
time it takes us to get to the trucks,
[2:50:11]
and it doesn't include the time that it
[2:50:12]
takes for the call takers and dispatch
[2:50:14]
to take care information. This goes from
[2:50:16]
the time that our fire crews get into
[2:50:18]
the truck, they get on the radio and say
[2:50:20]
they're on their way and they're rolling
[2:50:21]
out the door, 4 minutes or less from the
[2:50:23]
time they roll out the door to the time
[2:50:25]
they set the park break at the
[2:50:26]
emergency. So then we look at that and
[2:50:28]
you can see in the gray out areas that's
[2:50:30]
the theoretical 4-minute travel or two
[2:50:33]
uh stations that exist currently um
[2:50:37]
based on computer modeling. And then you
[2:50:38]
can see in the red and green the red
[2:50:41]
dots are the actual emergent calls. So
[2:50:44]
again, those lights and sirens responses
[2:50:46]
that we took longer than 4 minutes to
[2:50:48]
get to and the green ones are the ones
[2:50:50]
that we made it in 4 minutes or less. So
[2:50:53]
you can see and we'll kind of touch on
[2:50:54]
this later, but you can see and this was
[2:50:56]
kind of a problem we had to figure out
[2:50:57]
was we expected to see outside of course
[2:51:00]
the theoretical uh computer generated
[2:51:03]
travel areas. We expected to see those
[2:51:04]
red areas, right? Because computer says
[2:51:06]
we can't get from our fire station to
[2:51:08]
that area in 4 minutes or less. So
[2:51:10]
predictably up and down the 89 corridor
[2:51:12]
all the way down to kind of cut off
[2:51:14]
there down to the Walmart area we
[2:51:15]
struggled to get to. And then the other
[2:51:17]
area that popped up that we weren't
[2:51:18]
really anticipating as much was up there
[2:51:19]
in the north area. As you can see that
[2:51:21]
big pocket all the way up in the what
[2:51:24]
would that be? The northeast corner
[2:51:26]
where we're quite regularly and
[2:51:28]
predictably missing that formative
[2:51:30]
benchmark. So we sort of look at that
[2:51:32]
and say okay well we need more fire
[2:51:33]
stations clearly. So where should those
[2:51:35]
resources be? So we looked at each one
[2:51:37]
of these areas. We looked at planning
[2:51:39]
and zoning.
[2:51:40]
Then we also looked at the uh insurance
[2:51:43]
service offic's recommendation for 1 and
[2:51:45]
a half road miles traveled. So it's
[2:51:48]
similar to 4-minute travel uh but down
[2:51:50]
on road mile rather than on travel time.
[2:51:52]
So they located they they show that we
[2:51:55]
get to the turquoise blue areas in that
[2:51:58]
1.5 road mile and that affects people's
[2:52:00]
fire insurance rates. So based on that
[2:52:03]
we identified three potential locations
[2:52:05]
for future fire station. So up in the
[2:52:08]
northeast corner of North Aen would be
[2:52:10]
planning zone 25 as we refer to it now
[2:52:12]
that we track data in that area.
[2:52:14]
Planning zone 24 further up on 89 and
[2:52:17]
then planning zone 23 right down here in
[2:52:19]
Harrisville.
[2:52:21]
But when we do this we not only take
[2:52:23]
into consideration future planning and
[2:52:24]
zoning but we also look at future
[2:52:26]
infrastructure projects. So we know that
[2:52:28]
the skyline project and Mount Road
[2:52:29]
projects are underway. uh talking with
[2:52:32]
North Ogden and talking to the county,
[2:52:34]
uh Mount Road is expected to be
[2:52:36]
completed prior to 2032 and they're
[2:52:38]
saying it's it's on track to be maybe
[2:52:40]
completed by 2030. Skyline Road is
[2:52:43]
predicted to come back down. It's going
[2:52:45]
to take a little bit longer to help us
[2:52:46]
out in that area that we're missing on
[2:52:48]
North 89. We felt like it was premature
[2:52:51]
to try to
[2:52:53]
move forward with trying to construct a
[2:52:55]
station up in that planning zone 25 area
[2:52:57]
in North Ogden until we see what happens
[2:52:59]
with that traffic. We want to see what
[2:53:01]
impact that future infrastructure has on
[2:53:03]
our response times in that area. You can
[2:53:05]
see again on that theoretical travel,
[2:53:09]
how much larger the travel distance is
[2:53:11]
for station 21, the trucks are the same
[2:53:13]
speed trucks. Uh but because the road
[2:53:16]
structures are just put together a
[2:53:17]
little bit differently. We don't have
[2:53:18]
any big all the way through roads. Uh
[2:53:21]
really constricts the the reach of
[2:53:23]
station 22. Now it still needs to be
[2:53:25]
there. We have a ton of risk there and
[2:53:26]
the citizens up there observe it and
[2:53:27]
they have wildland interface. uh risk
[2:53:29]
that we have to deal with, but we do
[2:53:32]
think it was is prudent to wait and see
[2:53:34]
what impact Mountain Road has on that
[2:53:36]
area before we start moving forward with
[2:53:38]
plans and put something there. So, that
[2:53:40]
really helped us narrow it down. And
[2:53:41]
this all happened right about the same
[2:53:43]
time that Harrisville approached us 3
[2:53:45]
years ago, almost exactly maybe a month
[2:53:48]
after I got here, uh to talk about the
[2:53:50]
government complex and invite us to be a
[2:53:52]
member of that. Now, that's nothing new.
[2:53:54]
a fire station from in Harrisville, from
[2:53:56]
what I understand, has been talked about
[2:53:57]
since 1981. Since Harrisville joined the
[2:54:00]
fire district, that was something that
[2:54:02]
people have wanted and the citizens of
[2:54:03]
Harrisville been taxpaying members of
[2:54:05]
the fire district since then. Uh, and
[2:54:07]
funding stations, you know, 21 and 22 in
[2:54:09]
North Pleas. So, we looked at that
[2:54:12]
again. We went back to our response
[2:54:13]
analysis. We said, "You know what? Based
[2:54:14]
on um our inclination to wait and see
[2:54:18]
what impacts the Mountain Road project
[2:54:20]
has at station 25, station 23 in
[2:54:23]
Harrisville looks like the correct
[2:54:24]
location. Let's study that a little bit
[2:54:26]
more." Again, we looked at our travel
[2:54:29]
and I'll get to that just a little bit
[2:54:30]
more. So, we began meeting with the
[2:54:32]
Harrisville team as they designed their
[2:54:34]
project and initially um it was a
[2:54:37]
combined building concept. So the idea
[2:54:40]
was try to save the taxpayers some
[2:54:43]
construction expense by having combined
[2:54:45]
building uh police/fire
[2:54:48]
station sharing some exterior walls to
[2:54:50]
save some cost sharing some shared
[2:54:52]
spaces to get kind of double duty out
[2:54:54]
and hopefully save some money. The
[2:54:56]
longer and longer we went through the
[2:54:57]
process and the design phase with lock
[2:55:00]
the more and more those projects t just
[2:55:02]
migrated apart and I think that really
[2:55:04]
ended up being a blessing. I think there
[2:55:06]
were so many questions that we hadn't
[2:55:07]
even be began to try to address like who
[2:55:10]
owns the land, how do we separate the
[2:55:12]
HVAC, uh who controls the the shared
[2:55:15]
spaces, uh how do we bond without
[2:55:17]
actually owning the property that our
[2:55:19]
station sits on. So, it got a little bit
[2:55:21]
confusing. They just sort of naturally
[2:55:23]
started to make more sense being
[2:55:24]
separate projects anyway, which again we
[2:55:26]
were kind of happy to see in hindsight.
[2:55:28]
We think it makes a lot of sense. So,
[2:55:29]
you can see everybody kind of know where
[2:55:31]
this is? Nope. So, the new building
[2:55:33]
under construction, we're just one lot
[2:55:35]
closer to Highway 89, and it has been
[2:55:38]
subdivided, uh, has been appraised,
[2:55:42]
um, and has been stubbed, I believe,
[2:55:46]
for the utilities for this design.
[2:55:50]
This is what that looks like. Uh, when
[2:55:52]
we met with Play initially, I think
[2:55:54]
architects, and this is no slam on them,
[2:55:56]
they're artists. I think they always
[2:55:58]
want to build the biggest most beautiful
[2:56:00]
uh building that they can possibly
[2:56:02]
build. Um
[2:56:05]
made a conscious decision that that our
[2:56:06]
building should not be that we we don't
[2:56:08]
want a station that is ostentatious. We
[2:56:10]
don't want to be excessive. Uh the
[2:56:12]
guidance I gave to layog in our first
[2:56:14]
several meetings was I want this to
[2:56:15]
represent the people who live in this
[2:56:18]
area and the fire department that it
[2:56:20]
represents. We want it to be strong. We
[2:56:22]
want it to be trustworthy. We want it to
[2:56:24]
be frugal, responsible, and plan for the
[2:56:27]
future. So, this isn't ostentatious.
[2:56:29]
This isn't extravagant. Uh, but it is
[2:56:31]
built for the future. So, we have three
[2:56:33]
bays, double deep, so we can put extra
[2:56:34]
apparatus. Uh, which we're already out
[2:56:36]
of room. We're we're currently parking,
[2:56:39]
you know, fairly outside because we just
[2:56:42]
don't have to worry about it. This has
[2:56:43]
seven bedrooms, so we can expand the
[2:56:46]
personnel in the area if we need to in
[2:56:48]
the future. Um, and then the one area
[2:56:50]
that sort of survived from the combined
[2:56:53]
police station, fire station section is
[2:56:55]
the fitness area that you can see over
[2:56:56]
here on the side. Now, we put it over
[2:56:58]
here on purpose because of that concept.
[2:56:59]
We wanted to be separate from the
[2:57:02]
firefighters living quarters. Um, but we
[2:57:05]
also wanted PD to be able to access that
[2:57:07]
space at any time of day without
[2:57:09]
interrupting my firemen's sleep. They
[2:57:11]
value their sleep, so I have to be very
[2:57:12]
careful.
[2:57:14]
We designed this to be key in from the
[2:57:16]
exterior and then no key access into the
[2:57:19]
station living quarters. Now, because
[2:57:21]
this was designed uh to not only meet
[2:57:24]
the needs of my fireman, but also police
[2:57:27]
department, uh it is a little bit larger
[2:57:29]
than we would need necessarily by
[2:57:31]
ourselves. So, generally speaking,
[2:57:32]
according to our architect, uh we would
[2:57:34]
have designed a space just for us that
[2:57:36]
was around 1,000 ft². This one's around
[2:57:38]
1,700. So, about 700 ft² larger than we
[2:57:41]
would need. And that's something I'll
[2:57:43]
have to talk about a little bit more I
[2:57:44]
needed.
[2:57:46]
So what does it look like? Yeah, we want
[2:57:48]
it to look like it's part of this uh
[2:57:50]
government center. So although I don't
[2:57:52]
believe in building large extravagant
[2:57:55]
buildings, we also want it to look like
[2:57:56]
it fits uh in the space. So taking
[2:58:00]
design cues from the buildings that you
[2:58:01]
guys are already building, we want it to
[2:58:03]
look similar. Again, it doesn't have to
[2:58:04]
be the same, but we felt like it was
[2:58:06]
important that they rhyme from a design
[2:58:08]
standpoint.
[2:58:09]
Show quickly kind of some overhead
[2:58:11]
stuff. So trying to save some space. So
[2:58:13]
this is exterior cladding is uh
[2:58:16]
transparent. Um hoping to save on this
[2:58:19]
south facing slope. Save on energy costs
[2:58:22]
by blocking some of that light. And then
[2:58:24]
trying to maximize outdoor space, which
[2:58:26]
is cheap construction, but still gives
[2:58:27]
the firefighters room to room to
[2:58:31]
recreate.
[2:58:33]
All right, here's the back view. Oh,
[2:58:36]
here's the back
[2:58:40]
interior again. not not huge. I would
[2:58:43]
call it conservative, especially
[2:58:44]
compared to some of the fire stations I
[2:58:46]
know have been built in the last 5 years
[2:58:47]
across the state.
[2:58:50]
That's not my support.
[2:58:55]
All right. So, what do you get from the
[2:58:56]
response standpoint? I kind of showed
[2:58:58]
you where our response gaps were and how
[2:59:00]
come we chose location we did, but I
[2:59:02]
want to show you guys why we're making
[2:59:04]
such a considerable uh investment in
[2:59:06]
public safety in Harrisville. This is a
[2:59:08]
big big deal. It's a game changer.
[2:59:10]
Again, it's been a long time coming, so
[2:59:11]
you guys should be aware of that. So,
[2:59:13]
faster response times along that 89
[2:59:15]
corridor where we show we're
[2:59:17]
consistently missing that 4-minute
[2:59:19]
travel that reduces the risk of poor
[2:59:21]
outcomes due to extended travel time.
[2:59:22]
So, again, here's that map that we
[2:59:24]
showed you before. So, we started to
[2:59:25]
model what would that look like with a
[2:59:27]
station 23 in place. So, you can see
[2:59:29]
that even the usually uh fairly
[2:59:31]
conservative computer model that shows
[2:59:33]
that that covers most of that area. So
[2:59:35]
all the way I actually got out and drove
[2:59:37]
it because I don't trust my computer all
[2:59:39]
the time in my own car here and was able
[2:59:42]
to make it all the way to the county
[2:59:43]
border in less than four. That was even
[2:59:45]
simulating red lights, clearing the red
[2:59:47]
light visually and then making my way
[2:59:50]
through like I would if I was driving
[2:59:51]
license
[2:59:55]
checking somebody's email.
[2:59:58]
Sorry.
[3:00:00]
All right.
[3:00:02]
So, increased reliability,
[3:00:04]
better distribution of calls up here.
[3:00:06]
So, again, here's our heat map. Where
[3:00:07]
are our calls happening? Well, they're
[3:00:09]
all happening down here. And it's
[3:00:10]
important. We we would never go back in
[3:00:13]
time and not build station 22. It needs
[3:00:15]
to be there to meet those travel time
[3:00:16]
when we have exceptional wildland risk
[3:00:18]
in that area. It has to happen. But, do
[3:00:20]
we have enough resources now to handle
[3:00:22]
these areas that are hot?
[3:00:26]
So, we map those out. Remember I talked
[3:00:28]
about some of these some of those red
[3:00:30]
dots that were near station 21 inside of
[3:00:33]
that theoretical travel. That was a big
[3:00:35]
question for us as we started to analyze
[3:00:36]
the data. Why are we missing so close to
[3:00:39]
the station? The computer says that we
[3:00:41]
should be able to make it easily to
[3:00:43]
those emergencies just south of station
[3:00:45]
21 right here uh in in less than four.
[3:00:48]
No problem. We dug a little bit deeper
[3:00:50]
and it has more to do with where our
[3:00:52]
calls are happening concentration than
[3:00:54]
it does travel distance. So that's when
[3:00:56]
we start to talk about what's called
[3:00:57]
reliability. So right now 80% of our
[3:01:00]
calls are taken by station 21 and only
[3:01:02]
20% of station taken by station 22. That
[3:01:06]
means when 21 is busy, 22 has to come
[3:01:09]
down off the hill and have an extended
[3:01:11]
response time and that area is now
[3:01:13]
unprotected. So that's a big problem for
[3:01:15]
us, right? So each one of these yellow
[3:01:17]
dots was a dot in 2024, I believe, uh
[3:01:20]
where 22 had to come off the hill to
[3:01:23]
take that emergency. Um
[3:01:26]
travel times for these probably where we
[3:01:30]
are for station 22 I would say 10
[3:01:32]
minutes plus travel. So you're looking
[3:01:35]
15 to 20 minutes to get somebody on
[3:01:37]
scene. People say well we have Odin fire
[3:01:39]
station right here. Well they'll show up
[3:01:41]
on fires but they won't respond on
[3:01:42]
medicals and I can't ask them to. They
[3:01:44]
take they run out of five stations
[3:01:46]
20,000 calls a year. They are too busy
[3:01:49]
to come and help us on every emergency.
[3:01:51]
It's our responsibility to make sure
[3:01:53]
that we have units available in the
[3:01:54]
right places to take those units.
[3:01:57]
And on top of that, not only is that 820
[3:02:00]
split starting to tax us, but uh call
[3:02:02]
volume is increasing out of control. So
[3:02:05]
emergency services demand has increased
[3:02:06]
85% since 2018.
[3:02:10]
So in 2018, we ran just over 2,000
[3:02:12]
calls. This year we're looking at 4,100
[3:02:14]
incidents based on our tracking report
[3:02:16]
on the year to date. So planning for the
[3:02:18]
future's huge for us. We try to project
[3:02:21]
that out using linear regressions in the
[3:02:23]
Ken Garner Institute's data on
[3:02:24]
population growth, but it's outpacing
[3:02:26]
population growth. So that 85% call
[3:02:28]
increase happened in a period of
[3:02:30]
population growth of only 16.5. Why that
[3:02:33]
is, we're not sure. We don't know. But
[3:02:35]
people are utilizing our services. Way
[3:02:37]
way more per citizen than they used to.
[3:02:39]
So it's about 85 calls per thousand
[3:02:41]
residents or about one resident in 11
[3:02:43]
will use our services each year.
[3:02:46]
And like I said, 281 calls increase over
[3:02:49]
last year in just the first half of
[3:02:51]
2016. So even on our most aggressive
[3:02:53]
linear regression progression, we're
[3:02:55]
already at 2018 high growth numbers.
[3:02:59]
We're trying to stay ahead of the curve.
[3:03:01]
So once we decided that 23 was where we
[3:03:05]
uh needed to be, uh had to sit down and
[3:03:08]
decide what that would look like. So
[3:03:09]
this is kind of what the the finished
[3:03:11]
product would look like once the project
[3:03:13]
was finished and we had the staff added
[3:03:14]
and the trucks were in service ready to
[3:03:16]
roll. Uh we would distribute our call
[3:03:18]
volume a little more effectively. So now
[3:03:20]
station 21 said taking 80% of call
[3:03:23]
volume would only take 50. Station 22
[3:03:25]
would stay about the same at 20% without
[3:03:27]
likely change as Mount Road goes
[3:03:29]
through. And station 23, the new one
[3:03:30]
here in Harrisville would pick about
[3:03:32]
30%. So really taking 30% of the load
[3:03:35]
off of 21 and really not affecting
[3:03:37]
station 22 much at all. So that should
[3:03:39]
give us not only that NFPA compliant 4
[3:03:43]
minutes or less travel all the way up
[3:03:45]
the 89 corridor, but it should also give
[3:03:47]
us that backup unit down here in
[3:03:49]
Harrisville when 21 is already on a
[3:03:51]
call, which again they're already
[3:03:52]
carrying 80% of the load and we're just
[3:03:54]
getting busier.
[3:03:56]
So you can see based on those uh so it
[3:03:58]
was really kind of a two for one.
[3:03:59]
They're actually pleasantly surprised
[3:04:00]
when we started modeling on Highway 89.
[3:04:03]
I think you mentioned councilman that
[3:04:05]
the state's sort of a pain when it comes
[3:04:07]
to access needs off of 89. I love it
[3:04:10]
because that means that our modeling
[3:04:12]
should stay consistent for a long long
[3:04:13]
time. So as long as they continue to
[3:04:15]
control access
[3:04:17]
off of 89, we can feel pretty
[3:04:19]
comfortable about northwest travel or
[3:04:21]
north south travel on highway units in
[3:04:23]
the city attack. You can see how much
[3:04:25]
more of those reds we start to pick up
[3:04:27]
in this new model.
[3:04:29]
Um, also as just sort of an aside, the
[3:04:32]
plan right now would be to leave station
[3:04:34]
22 staffed as it is, which is one
[3:04:36]
engine, three people, and an ambulance
[3:04:37]
for two. Right now, we have seven
[3:04:39]
people. We actually had to add bedrooms
[3:04:41]
at 22 and 21 cuz we're busting at the
[3:04:43]
seams. Uh, instead of having seven
[3:04:45]
people at 21 like we currently do, we
[3:04:47]
would move that ambulance to the new
[3:04:49]
Harrisville station and staff at 300.
[3:04:53]
All right, project timeline. We're
[3:04:55]
looking
[3:04:56]
early summer, maybe late spring for a
[3:04:59]
groundbreaking. Even this decision, even
[3:05:01]
though we're showing the need now and
[3:05:02]
the benefits now, as you guys know, it
[3:05:04]
takes time to not only plan for
[3:05:06]
construction, but actually build
[3:05:07]
something. So, even with the board
[3:05:09]
acting unanimously here just a month ago
[3:05:11]
to this tax increase to move forward on
[3:05:13]
this, we're working on the bonding
[3:05:14]
financing. If we can break spring by
[3:05:16]
break ground by late spring, early
[3:05:18]
summer, we're hopeful that we could get
[3:05:20]
the staff hired, trained, and be cutting
[3:05:22]
the ribbon on station January, February
[3:05:25]
of 29th, which is really, really
[3:05:28]
exciting.
[3:05:29]
All right, so any questions on that?
[3:05:34]
Could you go back maybe three slides
[3:05:37]
where you had the map of the
[3:05:38]
» Yes, sir.
[3:05:39]
» Three stations and gather. Yeah. So,
[3:05:43]
are the red dots
[3:05:46]
still are they were the responses not
[3:05:50]
happening now?
[3:05:51]
» Yes.
[3:05:52]
» Okay. So, it's not saying once station
[3:05:54]
23 those will still all be ragged off.
[3:05:56]
» No sir. No. So, that's historic data.
[3:05:58]
So, again, those are verified emergent
[3:06:00]
calls. I think this is 2025's numbers. I
[3:06:02]
think the other one was 2024.
[3:06:05]
But yes, it shows theoretically which
[3:06:07]
calls that we've missed on in the
[3:06:09]
historical data that we should be able
[3:06:11]
to manage within the prescribed time.
[3:06:12]
Okay,
[3:06:16]
questions you guys have a long night.
[3:06:19]
» Thank you.
[3:06:19]
» You bet. So, the last thing that uh that
[3:06:22]
we kind of need to discuss, so timeline
[3:06:24]
wise, again, we're kind of tracking
[3:06:26]
that. We're not in a huge hurry. We want
[3:06:27]
to make sure that we do everything the
[3:06:28]
right way. Uh the the one thing that we
[3:06:30]
will need some clarity on from you guys
[3:06:32]
is whether or not Harrisville intends to
[3:06:35]
participate in that shared space. So if
[3:06:37]
not, we'll need to adjust the size of
[3:06:39]
that down. Architect puts the cost of
[3:06:42]
that extra space at about $500 a square
[3:06:44]
foot or about $350,000 for just the
[3:06:47]
extra total cost of the fitness space
[3:06:49]
altogether is about $850,000.
[3:06:52]
So that would be the one thing that we
[3:06:54]
would need to to get clarification from
[3:06:55]
you guys. um and start at the top of
[3:06:58]
progress on uh purchasing the property
[3:07:02]
and figuring out how to acquire that
[3:07:03]
from you guys as well. But I think the
[3:07:05]
first thing that we would need from you
[3:07:06]
guys is to know yes, we're interested in
[3:07:09]
participating with this shared space
[3:07:10]
concept or no, I mean it doesn't it's
[3:07:13]
okay with us either way. We can reduce
[3:07:15]
this the size of the workout room and
[3:07:17]
move forward that way. But I think it
[3:07:18]
provides a really really good
[3:07:20]
opportunity to give a a safe comfortable
[3:07:22]
place that your police officers can work
[3:07:24]
out. I don't think it's comfortable for
[3:07:26]
these guys going to snap fitness.
[3:07:27]
Certainly certainly not in uniform.
[3:07:31]
And they get to hang out with their
[3:07:32]
fireman brothers, which we probably
[3:07:34]
love, right?
[3:07:35]
» Absolutely. Yeah. So, thank you. If you
[3:07:38]
guys don't have anything else for me,
[3:07:41]
» I have a random question. You were
[3:07:42]
talking about you're not quite sure why
[3:07:44]
the call volume has gone up so much,
[3:07:45]
disproportionate to population.
[3:07:47]
» Yes, sir.
[3:07:48]
» Have you looked at aging demographics
[3:07:50]
because I know a lot of calls we get are
[3:07:51]
older people involved. It's always been
[3:07:53]
an an older population anyway. So, I
[3:07:56]
think that's one component, but I think
[3:07:57]
there's way more. I think we're seeing
[3:08:00]
or call utilization rates increasing in
[3:08:03]
higher density of areas more than
[3:08:05]
anything else. And again, if you look at
[3:08:07]
Ogden and look at their demographics,
[3:08:08]
they're sort of the extreme example of
[3:08:10]
that. We're one for 11 citizens. They're
[3:08:14]
uh one for four and a half citizens.
[3:08:17]
Okay? They have 80,000 citizens and they
[3:08:19]
run 20,000 calls. We have uh 40,000
[3:08:23]
42,000 and we run 4,000 calls. So
[3:08:27]
there's a lot in there. I think if I had
[3:08:29]
spare time, I would dig into that. Um
[3:08:32]
the calls are not necessarily more
[3:08:35]
medical versus more fire. They're
[3:08:37]
they're both going up.
[3:08:39]
» Yeah. Everything kind of trends up
[3:08:41]
together.
[3:08:43]
But again, not sure why. There's there's
[3:08:45]
a whole PhD study in there if anybody
[3:08:47]
has the time. I don't. But I would love
[3:08:49]
to read it if you got it. Be really
[3:08:51]
interested.
[3:08:54]
» All right. Thank you.
[3:08:55]
» Thank you.
[3:09:00]
» Thanks.
[3:09:03]
» Discussion is council meeting frequency
[3:09:06]
discussion.
[3:09:08]
Council member Wilson
[3:09:12]
just trying to look at some options. But
[3:09:16]
we have one meeting once a month. It
[3:09:17]
becomes a marathon meeting just like
[3:09:19]
tonight, you know, close to an hour
[3:09:21]
discussing something that's very
[3:09:23]
important while everybody's waiting. And
[3:09:25]
the concerns that I had was is do we
[3:09:27]
need to divide the two meetings? I don't
[3:09:30]
necessarily think that's the answer. At
[3:09:32]
the same time, one other thing needs to
[3:09:34]
be considered
[3:09:36]
two meetings a month. That gave plenty
[3:09:39]
commission an opportunity to have
[3:09:41]
something on agenda that voted on. We
[3:09:43]
don't have that. They have to wait a
[3:09:44]
whole month. I think that needs to be
[3:09:46]
looked at.
[3:09:48]
What happened tonight I think is one of
[3:09:50]
the possible answers that if there is a
[3:09:53]
discussion that needs to be on the
[3:09:55]
agenda if that work meeting can tended
[3:09:58]
to that and we can have the 6:00 hour
[3:10:01]
for for an hour. I think that helps us
[3:10:03]
in making the decision. I think it
[3:10:05]
helped a little bit today.
[3:10:07]
Unfortunately, sorry that didn't didn't
[3:10:10]
seem to happen, but at the same time, it
[3:10:13]
was a healthy discussion and I think it
[3:10:15]
helped us come to the conclusion of
[3:10:17]
passing out ordinance today.
[3:10:19]
» However,
[3:10:21]
I don't think we're doing justice to our
[3:10:23]
citizens either when they have to sit
[3:10:24]
here for three or four hours.
[3:10:27]
» I'll sit mine.
[3:10:28]
» I know you would, but there's a lot of
[3:10:30]
others that like to go to bed, have
[3:10:32]
watched them.
[3:10:33]
And so my discussion is is what's the
[3:10:37]
best way to get into frequency? I mean,
[3:10:39]
here it's 9:30. We're we should 10:00
[3:10:41]
before we get done or later.
[3:10:43]
» Yeah. Or later. And so, you know, these
[3:10:46]
are marathon meetings that I don't think
[3:10:48]
do anything. I think past 9 or 9:30.
[3:10:50]
We're all shut. I don't think we're
[3:10:52]
making wise decisions a couple week. And
[3:10:54]
so, the idea of this discussion is, do
[3:10:56]
you have any ideas how to help solve
[3:11:00]
some of this problem or at least
[3:11:01]
streamline it?
[3:11:06]
comments.
[3:11:06]
» Well, maybe a couple questions. I know
[3:11:08]
what I had
[3:11:12]
some comments and I asked Jack about
[3:11:14]
send them out to the council members
[3:11:17]
beforehand rather than hand them out. I
[3:11:20]
think the response was really they just
[3:11:23]
need to be handed out. And Jack, help me
[3:11:26]
understand what was the reason why they
[3:11:29]
could have gone earlier. So, if you're
[3:11:32]
sending out items that would be a
[3:11:33]
discussion, they need to happen in a
[3:11:35]
public meeting where the public can view
[3:11:38]
it. If I'm sending it out in an email
[3:11:39]
and you guys are debating it or
[3:11:41]
considering it, the public doesn't isn't
[3:11:44]
part of that. So the whole point of the
[3:11:45]
open and public meeting such is every
[3:11:47]
decision of everything you guys do
[3:11:49]
should be here in these meetings
[3:11:53]
» Because that was one of the thoughts I
[3:11:54]
had first and then when Jack told me
[3:11:56]
about what's wrong with it this way then
[3:11:59]
because I think it'd always be helpful
[3:12:01]
if everyone saw stuff early and then
[3:12:03]
think about it and then don't have to go
[3:12:06]
over each item on that you just get it
[3:12:09]
at the same meeting and say okay now act
[3:12:11]
on it have another thought I think maybe
[3:12:14]
Two options are one do you hold a second
[3:12:17]
meeting and it's just work session
[3:12:18]
meeting it's not an hour before one do
[3:12:21]
you just hold a work session mean all
[3:12:23]
you discuss is these type of things
[3:12:27]
or do you do just what you're talking
[3:12:29]
about tonight you have a work session at
[3:12:31]
6:00 and then you have a regular meeting
[3:12:33]
at 7 and just make that the stand across
[3:12:37]
those are two two possibilities
[3:12:42]
» I do like the idea of a work session
[3:12:44]
where we were able to discuss each of
[3:12:46]
our thoughts and not have the pressure
[3:12:48]
of and then we're going to vote
[3:12:50]
immediately then we have time to think
[3:12:52]
and process before we have another
[3:12:56]
meeting. So it does seem like in order
[3:12:58]
to do that we would need to add a second
[3:13:00]
meeting per month. I agree. It's they
[3:13:03]
don't want to be able
[3:13:04]
» I know in a lot of the other cities I'
[3:13:07]
other mayors I've talked to, they've
[3:13:09]
implemented a work session before every
[3:13:12]
city council meeting just to have a lot
[3:13:15]
of those discussions
[3:13:17]
» Beforehand and they said it helps
[3:13:22]
» Because I do what I can on my own but
[3:13:25]
having these other thoughts from other
[3:13:27]
council members brought to my attention
[3:13:29]
does definitely increase my
[3:13:31]
understanding of the issues. So, I
[3:13:33]
appreciate that. And then having some
[3:13:36]
time to process and take notes and look
[3:13:39]
those over and do more research would be
[3:13:41]
helpful.
[3:13:42]
» Yeah, I think some of it too when you're
[3:13:44]
talking about research, I think we come
[3:13:47]
with a lot of questions cuz these are
[3:13:49]
questions we don't have that maybe we
[3:13:52]
could have answered if we had a little
[3:13:54]
bit more time to research. I don't know
[3:13:56]
if there's a possibility of getting us
[3:13:59]
materials sooner. I mean, uh, we're
[3:14:03]
we're getting some of these materials,
[3:14:06]
you know, a couple of days in advance,
[3:14:10]
it feels like. And you know having just
[3:14:13]
a few days is not
[3:14:18]
I mean cuz like when we get the last
[3:14:20]
amendment they amended thing just
[3:14:25]
yesterday this morning when we get the
[3:14:28]
amendment I have to look at my Thursday
[3:14:33]
» You know and so I mean and sometimes we
[3:14:35]
have when we've gotten amendments at the
[3:14:37]
very very last minute so I don't know if
[3:14:39]
we can get them even sooner. I mean,
[3:14:42]
it'd be great to have a week prepared
[3:14:45]
for uh to look at some of these things
[3:14:47]
cuz uh you know,
[3:14:52]
I spend a lot of time in the evenings.
[3:14:56]
Um, but my work has been exceptionally
[3:14:59]
busy as well. And sometimes you go
[3:15:01]
through those ups and downs. And so you
[3:15:03]
I came prepared with a lot of questions,
[3:15:05]
but a lot of them were answered as we
[3:15:08]
everybody else was asking them. But I
[3:15:11]
could probably answer some of those
[3:15:13]
questions and looking into some of the
[3:15:15]
state law, things like that. But don't
[3:15:18]
have all the time to go and find some of
[3:15:21]
those things. Greg has more time than
[3:15:23]
the rest of us. That's why I didn't
[3:15:25]
touch that, right?
[3:15:27]
» So, I mean, it would be helpful if we
[3:15:30]
could get it a little earlier.
[3:15:32]
» Another thing that I think needs to go
[3:15:34]
into this is we're asking staff to come
[3:15:36]
to a second meeting, which means they
[3:15:38]
have to have everything here, which is
[3:15:40]
extra time on them,
[3:15:42]
» Right?
[3:15:42]
» And I think we need to be considerate of
[3:15:44]
their time.
[3:15:44]
» I agree.
[3:15:45]
» So, that has to be part of the equation,
[3:15:48]
too. And I think that's an important
[3:15:49]
part of respecting for you guys, giving
[3:15:52]
up your evenings. That's really simply
[3:15:55]
put another meeting tomorrow. Somebody
[3:15:58]
said at least it was the option was
[3:16:00]
given what we swapped uh plotting
[3:16:03]
commission and city council which means
[3:16:05]
now we'll meet on Wednesday instead of
[3:16:07]
Tuesday. Is that something that we would
[3:16:09]
do a topy turby and what does that do
[3:16:12]
and how does that do a ripple effect
[3:16:15]
throughout everybody?
[3:16:17]
I mean that's just another thing I'm
[3:16:19]
concerned if planning commission is not
[3:16:22]
so much concerned about getting it onto
[3:16:23]
agenda
[3:16:26]
then that's that's not avoid but I think
[3:16:29]
it's something to consider which means
[3:16:31]
we need to be involved with climate
[3:16:32]
efficiency to see what their
[3:16:35]
I'm not proposing this I'm just looking
[3:16:37]
at ideas right now so that we have an
[3:16:40]
effective discussion that's going on
[3:16:43]
we're able to have the time to plan on
[3:16:45]
things and still be able do basically go
[3:16:48]
home in a decent hour because most of us
[3:16:50]
have to work the next day some others.
[3:16:54]
» So talking to us as a council I I'm
[3:16:57]
going to bring up some things too is
[3:16:59]
that I don't think that more time is in
[3:17:02]
a meeting is necessarily going to be
[3:17:04]
better either. Meaning we have another
[3:17:07]
meeting. Reason why is because how many
[3:17:09]
of us have been to meetings that you
[3:17:13]
felt like you didn't need to have had
[3:17:15]
that meeting but it still went just as
[3:17:16]
long and if not longer.
[3:17:19]
» Yeah.
[3:17:20]
» Um I think efficiency for me is all
[3:17:23]
about being able to research and find
[3:17:27]
answers to questions and there's a lot
[3:17:29]
of tools out there. It's just that um
[3:17:32]
need a little bit. I think time is the
[3:17:35]
biggest thing. Preparation.
[3:17:41]
Well, I mean, I'm thinking we ought to
[3:17:43]
like propose something to just try to
[3:17:46]
like see if we can streamline it a
[3:17:48]
little bit. And maybe that would be and
[3:17:51]
I'll strong suggestion is that we add
[3:17:53]
that
[3:17:55]
work session at the beginning of the
[3:17:56]
meeting at 6:00. So, we start at 6:00
[3:17:59]
instead of 7. give you some
[3:18:01]
opportunities to make those discussion
[3:18:03]
items and bring up those items that we
[3:18:06]
can that are in those area. I don't you
[3:18:09]
know I don't know on the agenda I've
[3:18:11]
been a part of making the agenda when we
[3:18:13]
get it done
[3:18:15]
that's a real I mean it's I thought it
[3:18:18]
would be really easy to make it so you
[3:18:20]
can do it but you can't necessarily cut
[3:18:21]
everybody off.
[3:18:22]
» Yeah.
[3:18:23]
» So timing wise we
[3:18:27]
I think we try to get them out as quick
[3:18:29]
as we possibly can. I know. I I meet
[3:18:32]
with Jenny on
[3:18:35]
» Tuesday.
[3:18:36]
» Tuesday before
[3:18:39]
like
[3:18:41]
this last like last Tuesday
[3:18:44]
» Tuesday before Tuesday.
[3:18:46]
So, but I mean we make the discussion,
[3:18:49]
you know, bring bring up the idea of the
[3:18:51]
agenda and what's on there and and so
[3:18:53]
then past that there's things that get
[3:18:55]
added, things are getting other
[3:18:57]
information getting sent. And so,
[3:19:01]
I mean, I don't know what we could do
[3:19:03]
about that, but I I do like the idea of
[3:19:06]
I mean, I like the idea of the
[3:19:08]
discussion we had today for that first
[3:19:10]
hour. I think that that helped somewhat
[3:19:14]
with the discussion later.
[3:19:17]
But I think any of that that we could
[3:19:20]
try to streamline,
[3:19:22]
you know, making those questions where
[3:19:25]
we're not necessarily having to talk to
[3:19:27]
the public and we will be talking to the
[3:19:29]
public,
[3:19:31]
we can have that discussion amongst us
[3:19:33]
and they can hear what's going on. So
[3:19:36]
anyway, that's my thoughts. Well, maybe
[3:19:39]
another thought too, Dan. You know, I
[3:19:42]
think saying we'll get us through the
[3:19:44]
6:00
[3:19:46]
work session
[3:19:48]
to have that. I'm wondering also if if
[3:19:50]
there's, you know, you see the consent
[3:19:53]
items
[3:19:54]
and I'm wondering if there, you know,
[3:19:56]
kind of take a look at some of these
[3:19:57]
things. Are there things that could be
[3:19:59]
just really consent?
[3:20:01]
There's a written item in the agenda.
[3:20:05]
So, yeah, you know what it is. And then
[3:20:08]
there's this one vote on on item A B C D
[3:20:11]
in common consent and there's not any
[3:20:14]
discussion at all. But you look at those
[3:20:16]
okay if we have enough back background
[3:20:19]
information and it doesn't really
[3:20:21]
require any other discussion. So that
[3:20:24]
could be just handled with with that
[3:20:26]
type of thing.
[3:20:28]
» I did enjoy Jill's comments though today
[3:20:31]
as far as what was going on. I think
[3:20:33]
that's important. I think having each to
[3:20:37]
the uh areas representative when they
[3:20:40]
need to. I think gives us a good feel
[3:20:43]
that they know what's going on and
[3:20:45]
they're double checking. So even if
[3:20:47]
maybe it only for two or three minutes,
[3:20:49]
I think that's helpful. I understand
[3:20:51]
where you're coming from and consolidate
[3:20:53]
the time. I like the discussions that we
[3:20:56]
have, but I don't want to go down a
[3:20:57]
rabbit hole and yet sometimes I know we
[3:21:00]
have to in order to get the information.
[3:21:02]
I'm not opposed to it, but I just watch
[3:21:04]
how it goes on and on and trying to get
[3:21:06]
discussions going and and we're getting
[3:21:10]
questions answered and we're thinking
[3:21:12]
about how we're going to vote. At the
[3:21:14]
same time, it's very detailed and and
[3:21:17]
takes a lot of time and I I don't know
[3:21:21]
if that's effective time. It is for that
[3:21:24]
one item, but it isn't for the whole
[3:21:26]
entire agenda of things that we need to
[3:21:28]
get to that we don't get to until very
[3:21:30]
last. I enjoyed the reports really and
[3:21:34]
yet they did last week.
[3:21:36]
» Okay.
[3:21:38]
» Is there an alternative way of getting
[3:21:40]
our questions answered outside of the
[3:21:42]
meeting? Is it just we email the person
[3:21:45]
who is on the agenda as a presenter?
[3:21:49]
» So you got to be careful with all that.
[3:21:51]
I think talk about that. That's
[3:21:55]
» You got to a lot of that discussion has
[3:21:58]
to happen in the public favor. all the
[3:22:01]
public meetings
[3:22:02]
» Among us.
[3:22:04]
» The problem with it is even even
[3:22:07]
answering those questions about that
[3:22:09]
become an issue as well.
[3:22:11]
» So it just does seem like we just need
[3:22:13]
more meeting time then I just don't see
[3:22:15]
a way around that.
[3:22:17]
And I I think if we have a discussion
[3:22:20]
time within that first hour and we all
[3:22:22]
are aware that that's going to take
[3:22:24]
place, then we know that we instead of
[3:22:27]
being here in 7, we're here at 6:00 and
[3:22:30]
we can have that. And I think if we come
[3:22:32]
prepared to do those items, we can get a
[3:22:35]
lot of that discussion out of the way
[3:22:36]
and then when we get to the audience
[3:22:41]
that happens with public hearings
[3:22:43]
because you might get some might change
[3:22:45]
your Yeah, but mayor maybe on that if in
[3:22:49]
that work session you see some of these
[3:22:52]
questions up that could be something
[3:22:54]
then when we come to agenda say okay we
[3:22:56]
have this we know these are going to
[3:22:57]
take longer let's put these further back
[3:22:59]
and let's get the other things done
[3:23:01]
quickly so people aren't just waiting
[3:23:03]
for some items you know like the fire
[3:23:06]
station or things like that thinking
[3:23:09]
about that done
[3:23:09]
» We can we can amend the agenda at the
[3:23:13]
beginning
[3:23:13]
» Of the meeting
[3:23:14]
» We have we have a work session, we see
[3:23:16]
that that can be changed. We make that
[3:23:20]
amendment at the beginning of the
[3:23:21]
meeting and that way everybody knows
[3:23:23]
what's in order.
[3:23:25]
» Yeah.
[3:23:28]
» So, do we just need three people to to
[3:23:31]
do the 6:00 work session?
[3:23:33]
» Yeah, we're happy to accommodate a work
[3:23:35]
session. Um, that's that's a bit easier.
[3:23:38]
It is very helpful if you send your
[3:23:40]
questions to staff members prior to
[3:23:42]
meetings that we can come prepared and
[3:23:44]
already know what your questions are.
[3:23:46]
That's very helpful. We do put anybody
[3:23:48]
that's doing a presentation, the
[3:23:50]
contracted, you know, we do that really
[3:23:52]
intentionally because we're trying to be
[3:23:55]
mindful of their time with how long
[3:23:56]
they're waiting. Um, but other things we
[3:24:00]
can manipulate hour of the council and
[3:24:02]
ultimately it's the mayor's agenda.
[3:24:05]
Well, I think one thing this time
[3:24:08]
because of Labor Day, I mean, I could
[3:24:11]
send my comments, but you guys wouldn't
[3:24:12]
get them until today and Sarah could
[3:24:15]
have sent some comments back and have
[3:24:17]
the discussion would have have happened,
[3:24:20]
you know, but again, that's because of
[3:24:22]
Labor Day and that is
[3:24:24]
» We'd still rather address your questions
[3:24:26]
in the public forum, but it prepares us
[3:24:29]
if we have it ahead of time. And yes, we
[3:24:31]
did have a holiday yesterday. It's rare
[3:24:32]
that that happens, but it does
[3:24:34]
occasionally.
[3:24:35]
» It does. It happens. So, anyhow, it's
[3:24:37]
just some of my thoughts. I I would nod
[3:24:40]
to say yes, it's a work session.
[3:24:42]
» So, do we need to amend the meeting
[3:24:45]
thing or or I know we we first of the
[3:24:48]
year we changed it just to one meeting.
[3:24:51]
I guess it's just work session. We're
[3:24:52]
okay. You not have to
[3:24:54]
» We can easily add a session.
[3:24:57]
Okay.
[3:24:57]
» So, that's the way we're going to move
[3:24:58]
ahead is just with the work session
[3:25:01]
» And then realign the decision,
[3:25:04]
» Streamline it.
[3:25:05]
» Yeah.
[3:25:06]
» Okay. Thank you.
[3:25:07]
» Um,
[3:25:09]
next item is rules and procedure
[3:25:11]
discussion.
[3:25:16]
So, this is something I've been working
[3:25:18]
on a little bit. Um, given the hour, I
[3:25:21]
don't know that I'm going to go too much
[3:25:22]
into it. Um, forgive me, but I get past
[3:25:25]
hour 15 in the day and I kind of lose my
[3:25:28]
mustard. Um, I know Mr. Montgomery
[3:25:31]
talked about this a while, just kind of
[3:25:33]
an update and a switch to our actual
[3:25:35]
rules of procedure in order. I have some
[3:25:37]
drafts uh that I've been preparing. Some
[3:25:40]
of this kind of bleeds into what we're
[3:25:42]
talking about because um, you know, we
[3:25:44]
talk about
[3:25:47]
following the open and public meeting
[3:25:48]
act. you do want to have your
[3:25:50]
discussions in public. Um, and you know,
[3:25:53]
when you're talking about getting
[3:25:54]
questions answered um, from a staff,
[3:25:56]
like council members are certainly okay
[3:25:59]
to ask questions. Um, but it kind of
[3:26:02]
gets a little tricky where one council
[3:26:04]
member really shouldn't be directing
[3:26:06]
staff or or or making them work
[3:26:08]
specifically for you. So, that's kind of
[3:26:11]
a a gray area. Uh, one thing that we
[3:26:14]
could do, kind of circling back to the
[3:26:16]
last conversation, is um, you know, when
[3:26:18]
there is a laundry list of questions
[3:26:20]
like Mr. Montgomery had tonight, uh,
[3:26:22]
that certainly be could be sent to staff
[3:26:25]
to be put in as part of the packet and
[3:26:27]
that would be an appropriate way to do
[3:26:29]
that. You don't want to email it out.
[3:26:32]
Um, I think if like hypothetically,
[3:26:36]
let's just say Mr. Montgomery sent you,
[3:26:38]
hey, these are all the questions I have
[3:26:39]
for tonight. I don't know that that
[3:26:41]
necessarily violates the act. The
[3:26:44]
problem is is that any discussion that
[3:26:45]
came from that outside of the meeting
[3:26:47]
would be problematic. So it's much it's
[3:26:50]
better to just how is that made possible
[3:26:53]
if we're getting the packet on Thursday
[3:26:56]
and you're supposed to have it in on
[3:26:58]
Thursday. Does that make sense? Your
[3:27:00]
questions.
[3:27:01]
» Yeah. I wouldn't be able to raise a
[3:27:02]
question to
[3:27:02]
» You wouldn't be able to raise questions
[3:27:03]
and have it go out in the packet because
[3:27:05]
you don't get the packet until it's out.
[3:27:08]
» Okay. But I think the idea is
[3:27:10]
» Yeah, you could send that to staff and
[3:27:12]
that could be part of like you could do
[3:27:15]
an amended packet um or anything like
[3:27:18]
that for those type of questions.
[3:27:20]
There's a way there's a way to do that.
[3:27:22]
I understand your question if you don't
[3:27:24]
have any idea that it's coming. Um but I
[3:27:27]
mean we can work on that with work
[3:27:30]
sessions and things like that because if
[3:27:32]
there was a work session and then you
[3:27:34]
you know had a later meeting you could
[3:27:36]
have a list of questions like that
[3:27:38]
provided.
[3:27:39]
Um and then also too um when there is
[3:27:44]
like today would be a good example if
[3:27:46]
you send that to staff even after the
[3:27:47]
staff could make that part of the record
[3:27:49]
and get to each individual council
[3:27:50]
member. So that could be done. Um,
[3:27:54]
» Can I ask a question about if we have
[3:27:57]
some agenda items
[3:28:00]
figured out, can we send out the
[3:28:03]
information as like a partial packet as
[3:28:05]
soon as we have it or does it the final
[3:28:07]
agenda have to be done and all the
[3:28:09]
information all the extras that go along
[3:28:13]
with it all has to be sent together?
[3:28:14]
» You have to Yeah, I mean it should be
[3:28:16]
set together once the meeting is
[3:28:18]
notified, put on the websites, noticed
[3:28:21]
and and sent out. Um,
[3:28:24]
yeah, there's I understand what you're
[3:28:26]
saying. There's just really not a a
[3:28:28]
great way to kind of piece in all that
[3:28:30]
because of the noticing and the
[3:28:32]
transparency requirements.
[3:28:36]
Okay. Specifically, and like I said, as
[3:28:38]
far as the rules of procedure, they are
[3:28:40]
adequated. They need to be updated. Um,
[3:28:43]
there needs to be some updates uh for
[3:28:45]
electronic participation, things like
[3:28:48]
that. A couple of things that I kind of
[3:28:49]
wanted some conversation on. Again, I
[3:28:52]
don't want to take forever, but one of
[3:28:54]
the things that come up is uh if
[3:28:58]
somebody wants to abstain from a vote,
[3:29:01]
uh one, do we want to put specific
[3:29:03]
requirements of why you can do that or
[3:29:05]
do you want to just allow that for any
[3:29:07]
reason? And then if the abstension
[3:29:11]
results in a tie, um should that be a a
[3:29:14]
no vote or should that be a tie that
[3:29:16]
then goes to the mayor? Those are two
[3:29:18]
questions that um the rules and
[3:29:21]
procedures of every city need to address
[3:29:23]
because it's not addressed in state law.
[3:29:25]
Kind of something I wanted to have
[3:29:27]
direction for as they kind of draft this
[3:29:28]
for what you know I'll propose that
[3:29:31]
we'll send to you.
[3:29:34]
» I guess I have a comment on that is we
[3:29:37]
were elected from the citizens and
[3:29:39]
there's nothing that we should be able
[3:29:41]
to abstain from in my opinion.
[3:29:45]
So I don't think I can cancel myself out
[3:29:48]
of anybody.
[3:29:49]
So I would agree. I think all of us
[3:29:52]
should be that way. But that's my
[3:29:53]
opinion.
[3:29:56]
» I think though there are times that
[3:29:58]
there is a conflict of interest.
[3:30:00]
» Well, so and and forgive me. We're not
[3:30:03]
talking about a conflict where you're
[3:30:05]
required to not vote. We're talking
[3:30:07]
about well these people are mad and but
[3:30:10]
my wife's going to be mad at me if I
[3:30:11]
vote and I don't want to vote. I want to
[3:30:13]
go home and I go back.
[3:30:16]
» So, it's a what a we could call it a
[3:30:18]
voluntary
[3:30:20]
abstension from the vote, not a
[3:30:22]
conflict, not any ethical requirement,
[3:30:24]
then where you shouldn't vote.
[3:30:26]
» I guess the question I have is who
[3:30:28]
determines which of which because I
[3:30:31]
mean, if I think there's a conflict of
[3:30:33]
interest, but I don't necessarily have
[3:30:35]
the legal involved inside of that.
[3:30:38]
» Yeah. So, that's a good question. And so
[3:30:40]
anytime you're concerned about a
[3:30:42]
conflict of interest, that's what I'm
[3:30:43]
hired to do. Um, and you can contact me
[3:30:47]
privately and we can have that
[3:30:48]
discussion uh to I can give you my
[3:30:51]
opinion ultimately. Um, and I say this
[3:30:55]
not sarcastically, but you as an elected
[3:30:58]
official are the most protected person
[3:31:00]
under law. You can actually violate
[3:31:02]
quite a few laws with no result. Uh, so
[3:31:05]
it's your decision. So, if you're
[3:31:08]
worried about a conflict, my advice
[3:31:09]
would be let's talk about it. Um,
[3:31:12]
» Well, we don't always have time. If we
[3:31:15]
don't if we're not aware of the conflict
[3:31:17]
until we get here and you're not at this
[3:31:20]
meeting,
[3:31:20]
» Then we just have to decide on our own,
[3:31:23]
» Which happened at the last meeting to
[3:31:24]
me. And I don't necessarily know how
[3:31:26]
that should have gone.
[3:31:27]
» Okay. But uh I just feel like if we're
[3:31:31]
being held to a certain standard,
[3:31:34]
but we're not clear what that standard
[3:31:35]
is.
[3:31:37]
» Yeah. So again, that's it's a good
[3:31:40]
question. They're separate questions. Um
[3:31:43]
let's say it's in the meeting and I'm
[3:31:44]
not here and I apologize if I wasn't
[3:31:46]
able to make it last time, but um we can
[3:31:49]
have a you can ask for a fivem minute
[3:31:51]
recess and we'll discuss it privately. I
[3:31:54]
mean
[3:31:56]
you
[3:31:58]
you heir on a on a conflict of either
[3:32:00]
discussing it with me, I will give you
[3:32:03]
advice ultimately, it's your decision.
[3:32:04]
You connect with or against my advice,
[3:32:06]
right? Um, but my my general advice
[3:32:11]
would be is if you're worried about it,
[3:32:12]
then you should you should declare the
[3:32:15]
conflict and not
[3:32:20]
in some situations I've seen where the
[3:32:23]
person will say, "I have a conflict of
[3:32:26]
interest at the meeting." Explain it.
[3:32:29]
And then the board, the commission, the
[3:32:32]
council then says, "No, you don't have a
[3:32:35]
conflict." Or, "Yes, you do have a
[3:32:36]
conflict." And then that determines
[3:32:39]
whether you leave the room
[3:32:42]
» Or or you stay in your zone.
[3:32:44]
» So, I would say that is a kind of a
[3:32:46]
standard practice that we've done for a
[3:32:48]
long time. Um, I'm not sure that's the
[3:32:51]
wisest practice in my opinion because
[3:32:54]
ultimately
[3:32:57]
if you did make a vote in conflict,
[3:32:58]
right, it's a violation of the the
[3:33:00]
ethics act and that's your
[3:33:02]
responsibility, not the boards. So, uh,
[3:33:06]
I don't think that's the best. I think,
[3:33:08]
you know, me as the attorney for the
[3:33:10]
city, I can advise you on that. um if it
[3:33:13]
was really a big issue and a question I
[3:33:15]
mean and you could always ask your own
[3:33:18]
counsel if you wanted to do that. Um but
[3:33:23]
let's say you disclose a conflict or a
[3:33:25]
potential conflict and then everyone
[3:33:26]
says ah no you're fine and then later
[3:33:29]
someone challenges on that on you the
[3:33:31]
consequences are yours but not the
[3:33:33]
council. So I don't know that that's the
[3:33:35]
best practice.
[3:33:36]
» Okay. But then maybe on your follow-up
[3:33:39]
question I think about well what your
[3:33:43]
second question was about conflict and
[3:33:47]
then
[3:33:48]
yeah
[3:33:49]
» I think that should just end to break
[3:33:52]
the tie
[3:33:52]
» Break the tie.
[3:33:54]
» Okay that's my opinion.
[3:33:59]
» So that's the second part. The first
[3:34:00]
part is should that be allowed? It's
[3:34:02]
just that hey I'm not voting on this.
[3:34:04]
No,
[3:34:06]
» I don't know that it should be allowed.
[3:34:08]
» Okay. And really, I'm just This is how
[3:34:11]
how I'm going to draft the rules of
[3:34:12]
procedure specific to Harrisville
[3:34:14]
because it's one of those areas, like I
[3:34:15]
said, the state doesn't opine on. Um,
[3:34:20]
you know, I I tend to agree that it
[3:34:23]
shouldn't be allowed personally just
[3:34:24]
because you guys signed up for this,
[3:34:26]
right?
[3:34:27]
you your responsibility, your mantle is
[3:34:30]
to vote and and if you're not voting,
[3:34:32]
they should be for an ethical legal
[3:34:34]
reason not to vote when you can't like
[3:34:37]
if I lived on West Ser Road, I would ask
[3:34:40]
if I could give out, but I don't. So
[3:34:45]
that's that's about the only way I think
[3:34:48]
it would be okay.
[3:34:50]
» Go ahead. My question is if that is the
[3:34:54]
legal
[3:34:55]
verbiage
[3:34:57]
and we feel we feel we're not sure where
[3:35:00]
we fall conflict of interest or we will
[3:35:03]
be held accountable for not voting when
[3:35:05]
we should have
[3:35:08]
what do you do with that how do we
[3:35:11]
is does that mean there's legal
[3:35:13]
consequences either way potentially for
[3:35:15]
us there's no safety
[3:35:17]
» So what I'm talking about is the rules
[3:35:18]
of procedure right and basically without
[3:35:21]
a rule, you can voluntarily abstain from
[3:35:24]
above because it's kind of this gray
[3:35:26]
area that's allowed and you can just say
[3:35:28]
I don't want to.
[3:35:31]
» Maybe there's political consequences to
[3:35:32]
that.
[3:35:34]
» So, can we add some sort of verbage that
[3:35:36]
says if you believe you have a conflict
[3:35:37]
of interest rather than there exists,
[3:35:41]
» Your conflict of interest is already set
[3:35:43]
up that way. If the conflict of interest
[3:35:46]
is yours to declare, it's not something
[3:35:49]
that's imposed on you by anyone else. So
[3:35:51]
if you believe you have a conflict, then
[3:35:53]
you say, "I have a conflict on this and
[3:35:55]
I can't vote."
[3:35:58]
So it's simple as Yeah. What I'm talking
[3:36:01]
about is when there isn't a conflict at
[3:36:04]
all.
[3:36:04]
» Yes, I understand. But if it's
[3:36:05]
adjudicated later that oh that person
[3:36:08]
actually didn't have a conflict of
[3:36:09]
interest but they declared it because
[3:36:11]
they wanted someone suspects they wanted
[3:36:13]
to get out of the vote.
[3:36:15]
» So that would be that would be extremely
[3:36:18]
difficult
[3:36:20]
and you wouldn't be in trouble for
[3:36:22]
imposing maybe a a bigger conflict than
[3:36:25]
it is because ultimately it's your
[3:36:28]
decision, right? You have all the
[3:36:30]
information about the conflict for you.
[3:36:33]
So it's it's yours to make. It's yours
[3:36:36]
to claim. I don't think I don't know
[3:36:38]
that there's actually a recourse if
[3:36:39]
somebody says, "Well, I have a conflict
[3:36:41]
that I can't."
[3:36:42]
» I think that
[3:36:43]
» Sorry for being persistent about it.
[3:36:46]
» Yeah. So that I'll say it this way. So
[3:36:49]
maybe it's I'm saying it backwards for
[3:36:51]
your question, but the only way you're
[3:36:54]
going to get in trouble is if you had a
[3:36:56]
conflict
[3:36:58]
that was objectively clear and just
[3:37:00]
ignored that they voted
[3:37:03]
» Or didn't vote without stating a
[3:37:06]
conflict of interest.
[3:37:11]
» No. So that's that's where I'm talking
[3:37:14]
about with the absention is if you
[3:37:17]
didn't have
[3:37:19]
a conflict and you just don't want to
[3:37:21]
vote, I'm asking what you guys want the
[3:37:24]
rules to be.
[3:37:25]
» Right. And if we have a rule that says
[3:37:26]
you must vote, then that can also get
[3:37:28]
you into trouble if we don't vote
[3:37:30]
» For violating our rules. Yes.
[3:37:32]
» Just
[3:37:35]
» Okay. So I know I got a couple.
[3:37:39]
Allow it. Don't allow what we do. Give
[3:37:41]
me some direction here.
[3:37:44]
» We have Blair and myself.
[3:37:46]
» I should be we should be required to
[3:37:48]
vote.
[3:37:49]
» Yeah, there you go.
[3:37:58]
» Okay. Uh that that was the biggest one.
[3:38:01]
Um, I'll make a lot of uh legal
[3:38:04]
adjustments mostly for technology to
[3:38:06]
update our rules and then I'll send uh
[3:38:09]
send that out for your review. Um, and
[3:38:11]
then we'll bring that back for an
[3:38:13]
ordinance that would update and passing
[3:38:15]
rules and procedures.
[3:38:18]
» So, that would sound like that'd be a
[3:38:19]
great item to do a work session on
[3:38:21]
before you get to the point of actually
[3:38:24]
getting the ordinance put together.
[3:38:29]
» That's fine.
[3:38:31]
That's how you get one done.
[3:38:33]
Okay.
[3:38:36]
All right. Thanks, Brody. Let's go on to
[3:38:37]
the next item. The item F. Discussion
[3:38:41]
possible action to adopt resolution
[3:38:44]
26-24,
[3:38:47]
special event policy.
[3:38:51]
» Thank you, Mayor. Um, council, this is
[3:38:54]
an item that was tabled at our last
[3:38:56]
meeting for some additional information.
[3:38:59]
I will be clear that this can also just
[3:39:01]
be a discussion uh item. You can table
[3:39:04]
again if I haven't provided the
[3:39:06]
information that you're seeking for it.
[3:39:08]
I did reach out. I believe ma mainly the
[3:39:11]
concerns that we had at our last
[3:39:13]
discussion were liability related or how
[3:39:16]
much insurance we should require from
[3:39:18]
the applicants. I did get in contact
[3:39:21]
with our insurance provider.
[3:39:24]
our claims.
[3:39:27]
I guess I could call him the specialist,
[3:39:29]
Jason Wat of the trust. He's also happy
[3:39:31]
to provide this information to you if
[3:39:33]
you have additional questions regarding
[3:39:35]
these items. He suggested first off, he
[3:39:39]
said our policy looks great. He likes a
[3:39:41]
lot of detail, our permit, so we could
[3:39:45]
ask for and require even more additional
[3:39:48]
information in our permit if you'd like.
[3:39:52]
The items I wanted to just address
[3:39:54]
briefly this evening are we we had a
[3:40:01]
a section in here about the attendance
[3:40:04]
and whether or not the public event
[3:40:06]
would have more than 500 people. We kind
[3:40:09]
of had language that gave it an option.
[3:40:14]
We've made that a little bit more strict
[3:40:16]
that if they're going to have more than
[3:40:19]
500 people, they must apply for that
[3:40:22]
mass gathering permit and then it's up
[3:40:24]
to the health department for them to
[3:40:27]
meet those requirements and provide
[3:40:29]
that. It doesn't it kind of removes the
[3:40:31]
city from making that determination. So,
[3:40:34]
these are not in your package.
[3:40:35]
» Oh, I was going to say I didn't see
[3:40:37]
that. Okay.
[3:40:37]
» They're here for discussion because they
[3:40:39]
were late in the day when they were
[3:40:40]
added to this. So, we've added language
[3:40:44]
that the application is due to the
[3:40:47]
Weaver Morgan Health Department 30 days
[3:40:50]
before the event. So, I have that
[3:40:52]
language added to the policy. There are
[3:40:57]
there was another suggestion by our
[3:41:00]
coverage
[3:41:02]
to identify excluded activities that the
[3:41:06]
city is not covered for in the policy.
[3:41:09]
So, we're specifically calling out, but
[3:41:12]
it's not limited to because we can't
[3:41:14]
possibly think of everything people
[3:41:16]
might try to do. And this is related to
[3:41:21]
events on city property as well. But the
[3:41:26]
following list are rebound devices,
[3:41:29]
anything trampoline related, any and we
[3:41:31]
included inflatable devices that may or
[3:41:34]
may not include water features. Some of
[3:41:37]
those inflatable devices they don't
[3:41:38]
consider bounce houses because they have
[3:41:41]
a water feature. We're just identifying
[3:41:43]
any inflatable device. We do not have
[3:41:45]
coverage for that. We also outlined
[3:41:50]
fireworks, mechanical amusement rides,
[3:41:54]
motor vehicle related events. These
[3:41:56]
would be like a de demolition der derby
[3:41:59]
or a dirt bike race or something like
[3:42:01]
that. And aircraft drones. um anything
[3:42:06]
like that would be excluded and not in
[3:42:08]
our coverage. So any event that uses any
[3:42:10]
of that we would not approve on city
[3:42:12]
property.
[3:42:14]
» Um motor vehicle related events sort of
[3:42:16]
sounds like car shows that
[3:42:19]
» Car shows are actually
[3:42:22]
a low risk as if they're a show and
[3:42:25]
they're parked
[3:42:27]
moving. So if you want further clarity
[3:42:29]
on motor related activi um moving motor
[3:42:34]
related activities we also talked about
[3:42:36]
does this include you know it's the
[3:42:39]
whole electric bike scooter discussion
[3:42:42]
it's really tricky so you feel like
[3:42:44]
there's better language we can use in
[3:42:46]
here we're happy to include it that was
[3:42:49]
just what was suggested by our
[3:42:52]
insuranceances he said motor vehicle
[3:42:54]
related events is there something in our
[3:42:57]
polic policy that gives us garbage.
[3:42:59]
» We're agreeing to put our policy.
[3:43:00]
» This is the policy.
[3:43:01]
» This is the policy. Yeah.
[3:43:03]
» If it comes from the policy that we
[3:43:06]
could spell it out further to high-risk
[3:43:09]
events would include demolition derby,
[3:43:11]
derbies, anything racing, burnouts,
[3:43:14]
lowrisk auto events would be car shows,
[3:43:18]
things that the the vehicles are not
[3:43:20]
moving. For example, I know a couple
[3:43:25]
years ago when we had
[3:43:28]
the fall thing, we had a little train
[3:43:32]
that was a cart and so it pulled cars
[3:43:35]
behind it and that would technically be
[3:43:38]
a motor vehicle.
[3:43:40]
» You notice we didn't have one next year.
[3:43:44]
» So that would be pulled by a motor.
[3:43:47]
» Yeah,
[3:43:48]
» It would not be in the lab. And these
[3:43:49]
are items that were drawn to my
[3:43:52]
attention specifically that we don't
[3:43:53]
have coverage for.
[3:43:54]
» Okay. So in that respect, let's talk
[3:43:57]
about the ebikes. Does that consider
[3:44:00]
them as a motor vehicle even though
[3:44:02]
they're not necessarily registered as a
[3:44:04]
motor vehicle?
[3:44:05]
» Can you add right there, Jenny? Ridden
[3:44:07]
or driven motor vehicle?
[3:44:11]
» Driven. I put whatever.
[3:44:13]
» I'm just saying that would count. That's
[3:44:15]
all I'm saying. and and this is this is
[3:44:18]
a discussion about special events,
[3:44:20]
right? We can address rights and that
[3:44:22]
kind of a policy separately, but this is
[3:44:24]
specifically whether you want to allow
[3:44:27]
people that are flying for a for a
[3:44:30]
special event.
[3:44:31]
» So, as we jump down to the insurance
[3:44:33]
requirements,
[3:44:35]
the his suggestion was actually the
[3:44:38]
liability limit shall be $2 million
[3:44:41]
combined single limit for personal
[3:44:43]
injury and property damage.
[3:44:45]
Um certainly we can require more but
[3:44:49]
that was the minimum that he suggested
[3:44:52]
and I did um and we do have a disclaimer
[3:44:56]
here that the city reserves the right to
[3:44:58]
require additional insurance based on
[3:45:00]
the nature and the risk of the event. So
[3:45:03]
just application itself for the permit
[3:45:05]
does not automatically qualify them.
[3:45:08]
It's not an approval just because they
[3:45:10]
applied for the permit. It has to go
[3:45:12]
through a process on the city's approval
[3:45:14]
site. So that leads to my next two
[3:45:17]
questions. So there are two items that I
[3:45:20]
wanted feedback on. Household
[3:45:22]
notification. Do we want to include
[3:45:24]
signatures from the affected households
[3:45:26]
like some other cities do? So, if they
[3:45:28]
were going to do a party and they were
[3:45:31]
going to close the road, they would
[3:45:32]
literally have to go around and gather
[3:45:34]
signatures from the property owners
[3:45:36]
showing that they had contact. Some
[3:45:39]
cities would just provide a flyer. I
[3:45:41]
believe they would put on the note their
[3:45:43]
door saying, "We're going to have this
[3:45:44]
event. Do you want it a little bit more
[3:45:47]
cumbersome? Do you want it to say,
[3:45:49]
"Yeah, I've signed this and I'm aware of
[3:45:52]
this." It doesn't sign or that they're
[3:45:53]
okay with it. It's just simply that they
[3:45:55]
receive notification.
[3:45:59]
of the event. And the second question I
[3:46:02]
have posed is the review process on our
[3:46:05]
permit. Do you want us to add blocks
[3:46:07]
that show signatures from the department
[3:46:09]
heads that it's been vetted through our
[3:46:11]
whole process?
[3:46:14]
» So I kind of want to go back to the
[3:46:15]
first question we had about that last
[3:46:18]
meeting about the insurance part. Okay.
[3:46:21]
» And the uh kids parade on North
[3:46:24]
Harrisville Road on the 4th of July.
[3:46:28]
So, the trust does not like us to have
[3:46:30]
parades in general.
[3:46:33]
There's a whole training. I can send the
[3:46:35]
link out if you'd like to watch the
[3:46:36]
training that he provides on parades.
[3:46:39]
» Oh, I Yeah. No
[3:46:42]
vehicles and everything else, but I'm
[3:46:43]
just wondering it's
[3:46:44]
» Up to you. you know, whole neighborhood
[3:46:46]
has done that for decades and is
[3:46:49]
tradition now to say, okay, someone in
[3:46:51]
the neighborhood has got to come up with
[3:46:53]
a insurance policy
[3:46:56]
for all those participants who just show
[3:46:58]
up. I I have other questions
[3:47:02]
also to deal with the use case, but I
[3:47:05]
mean that's a specific use case, right?
[3:47:07]
It's not about insurance, but
[3:47:10]
um what about weddings?
[3:47:13]
like someone at a church house.
[3:47:16]
Um what about school events? Do they
[3:47:19]
have to file for a permit? Um because it
[3:47:23]
says any private or public event.
[3:47:26]
Um, I I've looked up some things that
[3:47:29]
say, well, those might have different
[3:47:31]
jurisdictional things because of the
[3:47:33]
types of properties they are, but what
[3:47:35]
if someone has a a wedding in their
[3:47:38]
backyard that they have more than 200
[3:47:41]
people that come, you know, are we going
[3:47:43]
to require them to file a permit and
[3:47:47]
have 2 million $2 million worth of
[3:47:50]
insurance because they're holding a
[3:47:51]
wedding? Um,
[3:47:53]
» So I think the distinction between
[3:47:57]
having a wedding in your backyard and
[3:48:00]
applying for a special event permit is
[3:48:02]
going to come down to city resources,
[3:48:04]
right? It's going to trigger something
[3:48:05]
from the city that it's going to be they
[3:48:09]
want a road closure. They're using the
[3:48:11]
road for a 5k run, something like that.
[3:48:14]
» But I worry that we might want to add
[3:48:16]
some clarification clarifying language
[3:48:19]
for things like that. And you put on
[3:48:21]
that
[3:48:23]
put whatever you want in it
[3:48:24]
» Cuz I I don't know I don't know how you
[3:48:27]
would put the language as far as I mean
[3:48:30]
cuz the events are I came up with a
[3:48:32]
couple. Let me pull up my notes here.
[3:48:45]
I mean because if it does have anything
[3:48:47]
to do with church I mean our board has
[3:48:50]
200 people every week we have to follow
[3:48:54]
the church it wouldn't do anything with
[3:48:56]
churches there
[3:48:59]
» Are what about thresholds of private
[3:49:01]
property would there be anything that
[3:49:03]
should be in there about if the event is
[3:49:05]
on their own private property
[3:49:08]
um that's an exemption
[3:49:12]
um
[3:49:14]
» You would need to find a forbidden on
[3:49:16]
private property.
[3:49:17]
» Well, but if you have a wedding on
[3:49:19]
private property, it doesn't specify
[3:49:21]
really anything in there about that.
[3:49:23]
Just says if you're going to have an
[3:49:25]
event, a private event of 200
[3:49:30]
people or more city.
[3:49:32]
» No, no, it doesn't say anything about
[3:49:34]
the property itself.
[3:49:38]
This list right here says
[3:49:40]
any any event within Harrisville
[3:49:43]
» Within Harrisville
[3:49:44]
» With one or more of the following a
[3:49:45]
private event with 200 in attendance or
[3:49:48]
more.
[3:49:48]
» Yeah.
[3:49:50]
» Imagine the disruption
[3:49:51]
» That might be a family reunion
[3:49:53]
» At one house and what that will the
[3:49:57]
disruption that will create for the
[3:49:58]
neighborhood.
[3:50:00]
» It's a lot of people.
[3:50:01]
» Yeah. I've been to weddings where there
[3:50:04]
have been 200 you parked 10 minutes you
[3:50:07]
parked down two blocks or three blocks
[3:50:08]
away.
[3:50:11]
» Um
[3:50:13]
» Well I'm not saying it couldn't happen.
[3:50:15]
We're not saying it can't happen. We're
[3:50:16]
just saying
[3:50:17]
» So you need to get a permit.
[3:50:18]
» Getting the permit helps people around
[3:50:21]
you to be aware of
[3:50:24]
» The disruption.
[3:50:25]
» But how are people going to know that
[3:50:27]
for a wedding? They're going to do it in
[3:50:30]
their backyard.
[3:50:32]
There's also an opportunity for an
[3:50:34]
exemption for the insurance portion of
[3:50:36]
it. If it's a lowrisk event, then there
[3:50:39]
doesn't have to be insurance coverage.
[3:50:41]
The the liability insurance is suggested
[3:50:45]
on things that would be a higher risk.
[3:50:49]
So you we can eliminate high-risisk
[3:50:52]
completely and don't allow high-risisk
[3:50:55]
events in the city or we can exclude
[3:50:59]
that lowrisk events like a wedding,
[3:51:01]
somebody attending a wedding in a
[3:51:03]
private backyard is not going to require
[3:51:05]
insurance but maybe still requires the
[3:51:06]
permit.
[3:51:07]
» So one of the things that I had thought
[3:51:08]
is if we could include language like
[3:51:11]
this and might be clarifying that said
[3:51:12]
something like to avoid confusion.
[3:51:16]
Well,
[3:51:18]
if we were to say that um put in a
[3:51:20]
sentence stating that standard
[3:51:21]
activities held entirely within the
[3:51:23]
property boundaries of school district
[3:51:25]
facilities, houses of worship or private
[3:51:28]
residences where no road closures or
[3:51:30]
city services are requested and or
[3:51:33]
needed are exempt from this policy.
[3:51:40]
» I think that would clarify.
[3:51:44]
» Yeah.
[3:51:46]
So that would be my two cents worth. And
[3:51:49]
I think cuz I I I I brought that up the
[3:51:53]
last time talking about weddings, you
[3:51:55]
know, cuz we go down to the capital when
[3:51:59]
they redid the capital building to go
[3:52:02]
and do photos of a bride and groom in
[3:52:05]
their wedding dress on private property
[3:52:08]
grounds there or the public property
[3:52:10]
grounds there. They were requiring the
[3:52:12]
couple to have $2 million of insurance
[3:52:16]
to go and take photos in the building.
[3:52:19]
And they're like, "Well, how in the
[3:52:21]
world do I do that?" Cuz they don't have
[3:52:24]
a vehicle to do that. They'd have to get
[3:52:26]
a commercial policy to do that. and and
[3:52:30]
so photographers ended up having to get
[3:52:33]
a rider on their insurance for the
[3:52:36]
couple that wanted to do pictures of
[3:52:38]
their and that's not fair either. You
[3:52:40]
know, that require
[3:52:43]
require vendors to put their
[3:52:46]
their ratings at risk for something that
[3:52:49]
people want to do, you know. So, we got
[3:52:51]
to be conscientious of things like that.
[3:52:53]
And I think you'd end up having weddings
[3:52:56]
that they would ask that. Can my
[3:52:58]
photographer, will you give us the $2
[3:53:00]
million of exemption for coverage
[3:53:02]
because we're having a wedding?
[3:53:03]
» Well, you I did look I did a little
[3:53:06]
research and I found out that you can
[3:53:08]
just purchase an event liability
[3:53:10]
insurance pretty easily. It's not that
[3:53:12]
hard to do. It's like a couple hundred
[3:53:16]
owner policy.
[3:53:18]
» No, just a separate separate one day
[3:53:21]
fee. But um and it seems like anyone
[3:53:24]
could buy it. But I do have concerns
[3:53:26]
about people having weddings that large
[3:53:29]
in these small neighborhoods. 200 and
[3:53:32]
I'm assuming the 200 would be there all
[3:53:34]
at the same time, right?
[3:53:36]
» This doesn't necessarily
[3:53:39]
specify
[3:53:40]
» Cuz you could have a wedding is 2 hours
[3:53:42]
you could
[3:53:44]
now. That's different. Now this says
[3:53:47]
» And that could under this in attendance
[3:53:51]
seems to imply
[3:53:52]
» But his attendance all at once or is
[3:53:54]
attendance throughout the event because
[3:53:57]
if it's attendance all at once that's
[3:53:59]
different but doesn't specify that and
[3:54:02]
clarity
[3:54:03]
» We should clarify that
[3:54:05]
» And I think that
[3:54:08]
500
[3:54:10]
it's not unheard of to have two 500
[3:54:15]
people come
[3:54:16]
Oh, no, not at all. But at someone's
[3:54:18]
home in Harrisville City, at home
[3:54:21]
» Is one thing versus at a church.
[3:54:24]
» I've been at receptions where the line
[3:54:26]
lasted for 2 and 1/2 hours as 5 600
[3:54:29]
people that were invited came through
[3:54:31]
the line.
[3:54:33]
You know, maybe they weren't all there
[3:54:34]
at once, but they had five or 600
[3:54:36]
people. Would they be required to have a
[3:54:38]
permit because they had five to 600
[3:54:40]
people come to an event? I think one of
[3:54:43]
the things too to consider in this
[3:54:44]
discussion, I think it's a good point
[3:54:46]
you're making.
[3:54:48]
What's the penalty in this ordinance?
[3:54:52]
» Is there one?
[3:54:56]
» So, if you don't get a permit,
[3:55:00]
» There's no recourse.
[3:55:01]
» So, maybe this is just to protect the
[3:55:03]
city in case there is a problem at one
[3:55:05]
of these weddings and then the city
[3:55:07]
wasn't aware of it. we can say, "Well,
[3:55:09]
we weren't aware of it because they
[3:55:11]
didn't fill out the permit."
[3:55:12]
» And I'm not and I actually think your
[3:55:14]
discussion is really good. Um,
[3:55:18]
in my experience with all the
[3:55:19]
municipalities that I advise, the reason
[3:55:21]
this comes about is because someone is
[3:55:23]
asking the city, we want to do X, how do
[3:55:26]
we do it?
[3:55:28]
» And it's not a wedding. It's a
[3:55:31]
» Softball tournament. It's a 5K. It's a
[3:55:34]
» Right. Because if there's no penalty,
[3:55:36]
like Jenny can't go out and give you a
[3:55:37]
ticket for having a wedding in your
[3:55:39]
house because you didn't get a permit.
[3:55:41]
Yeah. But if there is
[3:55:44]
ordinance or law, it can be.
[3:55:48]
So, if you had somebody who wanted to
[3:55:52]
say, "Oh, I can shut you down because
[3:55:54]
we've got this ordinance and you didn't
[3:55:56]
get you didn't get this uh permit."
[3:55:59]
Then, are you going to get a citation
[3:56:02]
from the police cuz you didn't file a
[3:56:04]
permit for a wedding and somebody
[3:56:05]
complains?
[3:56:08]
I don't think so. That's what we want to
[3:56:11]
make sure that
[3:56:12]
» But I mean, in re reality, right,
[3:56:14]
there's no penalty in the ordinance for
[3:56:17]
not having So there isn't a citation,
[3:56:19]
right?
[3:56:22]
Any law that any ordinance, any law that
[3:56:25]
doesn't have a remedy or an enforcement
[3:56:27]
provision is a is a guideline, right?
[3:56:31]
This is and I'm not saying your your
[3:56:34]
changes aren't valid. Say I think
[3:56:35]
they're good discussion. Um but to say
[3:56:38]
that like someone's going to go patrol
[3:56:40]
this or get people in trouble if you
[3:56:41]
don't. um as the law as it's written
[3:56:45]
right now, there's non enforcement
[3:56:47]
provision.
[3:56:49]
I I I understand that. Um in the
[3:56:52]
public's perview though, if they were
[3:56:53]
like, "Well, do you have a permit?" Cuz
[3:56:56]
uh I mean, can the people say, "Well,
[3:56:59]
you should have permit."
[3:57:02]
You know, the public will enforce it in
[3:57:05]
a different way.
[3:57:07]
We'll make a complaint. We should have a
[3:57:08]
permit.
[3:57:10]
They know that there's observant
[3:57:11]
process. So, we should probably make it
[3:57:14]
clear.
[3:57:16]
So, we're not tying up police resources
[3:57:19]
too to go to somebody's house because
[3:57:23]
they're not liking that somebody had
[3:57:29]
again, but I'll go back to the parade
[3:57:32]
again. Impromptu yearly parade,
[3:57:38]
uh, you know,
[3:57:40]
Now, here's
[3:57:41]
like I said, okay, no enforcement, but
[3:57:43]
here's a rule
[3:57:45]
that the city says should be followed.
[3:57:48]
Okay, there's no enforcement, but let's
[3:57:50]
just say, well, I have to be following
[3:57:52]
the law in doing this.
[3:57:57]
I just Yeah,
[3:58:00]
it's the only parade we actually sponsor
[3:58:03]
the only parade that actually happens
[3:58:04]
when kids can ride their bike down the
[3:58:05]
street.
[3:58:07]
Are there any events that either of you
[3:58:09]
would say we definitely want a
[3:58:12]
requirement for a permit?
[3:58:14]
» Well, closing off a block.
[3:58:16]
» Okay. So, maybe that would be the line
[3:58:18]
we draw.
[3:58:19]
» Well, I also think through that any I
[3:58:21]
mean, if you were to have a wedding at
[3:58:23]
the city buildings, I think that's a
[3:58:26]
place where there should be a permit,
[3:58:29]
but that should just be part of the
[3:58:30]
application or rental fee.
[3:58:34]
So on city properties or closing down
[3:58:37]
streets
[3:58:39]
the two.
[3:58:41]
» Well,
[3:58:43]
» No.
[3:58:43]
» Well, because my parade comment is
[3:58:46]
streets closed for a half hour,
[3:58:48]
» But it does impact the residents of that
[3:58:50]
street and
[3:58:52]
it seems fair that they would need
[3:58:54]
notification or that they would get
[3:58:56]
notification of that.
[3:58:57]
» Yeah.
[3:58:59]
» They all know what's happening.
[3:59:00]
» So then they would easily get the permit
[3:59:01]
most likely.
[3:59:03]
who's going to pay the insurance policy
[3:59:07]
to commit to that.
[3:59:10]
» Yes.
[3:59:11]
» But what if someone gets hurt
[3:59:14]
and there's no insurance?
[3:59:18]
» It happens.
[3:59:20]
» You got a road crash.
[3:59:26]
» Now we've had fatalities and crimes
[3:59:28]
nearby.
[3:59:34]
What do you need from this?
[3:59:36]
» You just direction on modifications,
[3:59:39]
feedback on a couple of those questions
[3:59:41]
if you
[3:59:44]
are good with what we've included.
[3:59:46]
» Go back to the questions to
[3:59:50]
» Yeah. The household notification. Do you
[3:59:52]
want to include a required signature
[3:59:55]
that the neighborhood has been
[3:59:58]
» Or just a flyer
[3:59:59]
» Or just a flyer?
[4:00:00]
» I think just
[4:00:02]
» Okay. So, we'll leave it as it's
[4:00:04]
written. And then
[4:00:07]
» Do we want to include signature blocks
[4:00:09]
from the department heads on the actual
[4:00:12]
permit that they've been signed off from
[4:00:14]
the public safety, public works, the
[4:00:16]
parks and wreck?
[4:00:17]
» I think it's done
[4:00:18]
» Administration. why you're doing the
[4:00:20]
permit. This is the city. Everyone's
[4:00:22]
aware of it. They've signed up.
[4:00:24]
That's my thought.
[4:00:26]
» Yeah, I would agree with that.
[4:00:30]
» You absolutely want public safety to
[4:00:32]
sign off on a permit before we grant it.
[4:00:34]
» Yeah.
[4:00:36]
» Yeah. And I'm wondering
[4:00:41]
I mean if
[4:00:43]
Well, no
[4:00:45]
I answer question. So if we add to take
[4:00:48]
place on city property, I think that
[4:00:50]
helps with the wedding theme. And if we
[4:00:53]
add in the event of road closures,
[4:00:55]
» I just think we I gave the exemption of
[4:00:59]
school facilities, houses of worship or
[4:01:02]
private residents for where no road
[4:01:05]
closures or city services are needed or
[4:01:07]
requested
[4:01:09]
are exempt.
[4:01:11]
Are there any other types of properties
[4:01:14]
that we that aren't city property that
[4:01:16]
we do want a permit for?
[4:01:18]
» So, we do have an event requiring a
[4:01:21]
permit outlined here. Walks, fun runs,
[4:01:25]
parades, festivals, celebrations, public
[4:01:27]
gatherings, community events, charity
[4:01:29]
events, outdoor concerts, markets, any
[4:01:31]
event requiring a street closure. So
[4:01:34]
this is where you would make whatever
[4:01:35]
modifications you want.
[4:01:37]
» Celebrations would be the one we would
[4:01:39]
need to modify. I think celebrations
[4:01:43]
on public property.
[4:01:46]
» Oh, I think you can you don't have to.
[4:01:48]
You can just say events. You can put a
[4:01:51]
clause there about the events
[4:01:54]
that occur within those places. school
[4:01:59]
or district facilities, houses of
[4:02:01]
worship, private residences
[4:02:04]
where no road closures or city services
[4:02:06]
are requested are exempt from this
[4:02:08]
policy.
[4:02:09]
» So, if you're having a trunk or treat at
[4:02:12]
a local church,
[4:02:14]
you don't need to get a permit to have a
[4:02:17]
trunk or treat.
[4:02:18]
» I would I would actually suggest if
[4:02:20]
you're going to go with that, which I
[4:02:22]
think is really good, instead of private
[4:02:24]
residence, you just say private
[4:02:25]
property, right?
[4:02:26]
» Yeah. Because if McDonald's wanted to do
[4:02:30]
something, it's
[4:02:31]
» Walmart.
[4:02:32]
» Yeah.
[4:02:34]
» And that covers churches.
[4:02:38]
» Schools, aren't they just a completely
[4:02:40]
separate beast? I mean, they have their
[4:02:42]
own rules and process.
[4:02:44]
» Well, we would consider them private
[4:02:46]
property. Oh,
[4:02:49]
» Yeah. And it's technically public.
[4:02:51]
» It is technically public property.
[4:02:53]
That's why I think it's good to clarify
[4:02:56]
just for clarity. You are correct. Those
[4:02:59]
schools don't happen to listen to very
[4:03:01]
much that we have to say. So
[4:03:03]
» They have a lot of their own rules
[4:03:04]
though.
[4:03:05]
» So are there any other amendments you'd
[4:03:07]
like to make before the required
[4:03:12]
» Just the disclosure addition of that
[4:03:14]
disclosure statement at the end?
[4:03:20]
» I think so.
[4:03:21]
» All right. On the permit itself,
[4:03:24]
it says this application must be turned
[4:03:26]
in within 60 days of the event. Did you
[4:03:30]
mean to say
[4:03:32]
at least
[4:03:35]
» Within means you know a week within?
[4:03:38]
» Yes.
[4:03:39]
» So the recommendation actually is
[4:03:42]
between 45 to 60 days. So I say no no
[4:03:45]
later than 45 days ahead. No prior than
[4:03:49]
60 days cuz within seems to say if they
[4:03:52]
go 90 days prior they can't.
[4:03:55]
» Yeah, we're already getting outreach for
[4:03:57]
events in February. So I don't know that
[4:03:59]
I would say they have to be within that
[4:04:02]
window.
[4:04:03]
» But I'm just saying the verbage.
[4:04:05]
» Yeah,
[4:04:06]
» It must be turned in within 60 days.
[4:04:08]
Sounds like the equation.
[4:04:10]
» Yeah, I like your suggestion of and I
[4:04:13]
would actually put it to 45 days of
[4:04:16]
» Yeah. has a minimum of four to five days
[4:04:18]
before
[4:04:19]
» Minimum contact in at least rather than
[4:04:21]
within.
[4:04:29]
» Okay.
[4:04:32]
» Okay. Let's go on to the next.
[4:04:34]
» We need to do an action on that though,
[4:04:37]
right?
[4:04:37]
» If if you're okay with the discussion
[4:04:39]
and everything else included in that.
[4:04:42]
» So, we need an action. I need a motion.
[4:04:46]
And I make a proposal that we adopt
[4:04:49]
resolution 2624,
[4:04:52]
special event policy permits with
[4:04:55]
all of the guidance that we've given to
[4:04:57]
Jenny 9 as far as amendments and
[4:05:00]
changes.
[4:05:03]
» Okay, we got a motion. We have a second.
[4:05:05]
» Second.
[4:05:07]
» Got a motion and a second.
[4:05:11]
This is a roll call vote.
[4:05:16]
Councilman McGomery.
[4:05:20]
» No, I must say explanation. I I think
[4:05:22]
generally the policies are fine. I just
[4:05:28]
sty these neighborhood
[4:05:31]
traditions and puts a burden on them
[4:05:34]
that is not needed.
[4:05:37]
» Council member Billhson.
[4:05:39]
» Yes.
[4:05:40]
» Council member Hadley.
[4:05:43]
» Yes.
[4:05:44]
Council member Paul,
[4:05:46]
» Yes.
[4:05:47]
» Council member Christensen,
[4:05:48]
» Yes.
[4:05:50]
» Okay.
[4:05:53]
On to the next item on our agenda, and
[4:05:55]
that's the closed executive session.
[4:06:00]
For purposes described under UCA
[4:06:03]
52-4-2051
[4:06:06]
strategy session to discuss pending
[4:06:09]
reasonable and imminent litigation and
[4:06:12]
UCA 52-4-2051
[4:06:17]
strategy session to discuss purchase,
[4:06:19]
exchange and lease of real property
[4:06:21]
including the employment of water
[4:06:22]
rights, water shares to discuss the
[4:06:25]
proposed development agreement project
[4:06:28]
proposal or financing proposal related
[4:06:31]
to development or land owned by the
[4:06:33]
state political subdivision if public
[4:06:37]
discussion would expose the increase or
[4:06:41]
estimate value of property or under the
[4:06:44]
consideration or two prevent the public
[4:06:46]
body from completing the transaction
[4:06:49]
transaction on the best possible terms.
[4:06:54]
I have a motion to a close executive
[4:06:56]
session.
[4:06:58]
» I have a motion that we go to a closed
[4:07:00]
executive session.
[4:07:02]
» Have a motion.
[4:07:04]
» You have to read the whole thing in your
[4:07:06]
to read the whole thing.
[4:07:09]
» Then I withdraw my motion.
[4:07:11]
» And then I'll make the motion so he
[4:07:13]
doesn't have to. I motion that we go
[4:07:15]
into close executive session. close
[4:07:18]
executive session for the purposes
[4:07:20]
described under UCA 52-4-2051C.
[4:07:25]
Strategy session to discuss pending or
[4:07:27]
reasonable imminent litigation in UCA
[4:07:30]
52-4-2051D.
[4:07:33]
Strategy sessions to discuss the
[4:07:35]
purchase, exchange or lease for
[4:07:37]
property, including any form of water
[4:07:39]
right or water shares or to discuss a
[4:07:42]
proposed development agreement, project
[4:07:44]
proposal or financing proposal related
[4:07:46]
to the development of land owned by the
[4:07:48]
state or a political subdivision. If
[4:07:50]
public discussion would one disclose the
[4:07:53]
appraisal or estimated value of the
[4:07:55]
property under consideration or to
[4:07:57]
prevent the public buy from complete
[4:07:59]
transaction on the best possible terms.
[4:08:02]
So we have a motion. Do we have a
[4:08:04]
second?
[4:08:05]
» Second. Second. All in favor.
[4:08:10]
» Okay. My roll call list.
[4:08:17]
Council member Christensen,
[4:08:20]
» Yes.
[4:08:20]
» Council member Hadley,
[4:08:22]
» Yes.
[4:08:23]
» Council member Wilhelm,
[4:08:25]
» Yes.
[4:08:26]
» Council member Montgomery,
[4:08:27]
» Yes.
[4:08:28]
» Council member Crawl,
[4:08:29]
» Yes.
[4:08:31]
» Okay, we're now in a close session.
[4:08:35]
» Thank you.
[4:08:36]
» Okay, so we're to item number seven,
[4:08:39]
mayor, council, staff followup.
[4:08:43]
Assistant Chief.
[4:08:45]
» Yeah, I got just a few things. uh back
[4:08:48]
to school last two weeks. We've uh
[4:08:51]
integrated back in there, put a new SRO
[4:08:54]
there that's doing awesome. It's kind of
[4:08:56]
come out of our patrol rotation doing
[4:08:58]
good over there. Uh we had our night out
[4:09:02]
against crime with the Tri City agencies
[4:09:05]
in North Odin a few weeks ago. I think
[4:09:09]
it was awesome. It was a good success. I
[4:09:11]
think they had a good turnout with
[4:09:12]
everybody that came there. That was a a
[4:09:15]
really cool thing that happened.
[4:09:17]
» So like who who attends those things?
[4:09:20]
» Uh Weaver Metro SWAT team was there,
[4:09:24]
North View Fire, Pleasant View, North
[4:09:27]
Ogden, Harrisville Police, Weber County
[4:09:30]
Sheriff, the CTC Community Coalition,
[4:09:35]
had some volunteers that were there. Uh
[4:09:39]
the MOP was there cooking food for
[4:09:42]
everybody and stuff. It was just a
[4:09:43]
chance for the citizens to come out and
[4:09:46]
interact with us on a more personal
[4:09:48]
level and ask questions and do things
[4:09:50]
like that. Lots of people brought their
[4:09:52]
kids out and stuff and happened to be on
[4:09:54]
a back to school night and they had it
[4:09:56]
at the North Ogden Park. So I think that
[4:09:58]
probably bolstered attendance a lot of
[4:10:01]
people coming from out back to school
[4:10:03]
and stuff but it was really good.
[4:10:08]
» Anything else?
[4:10:09]
» That's all I got. Jenny,
[4:10:12]
» I only have one item. The Utah League of
[4:10:15]
Cities and Towns Conference registration
[4:10:18]
is now open. The conference will be held
[4:10:20]
October 27th and 28th in this is the
[4:10:24]
conference that's held in Salt Lake
[4:10:25]
City. So, if you'd like, we'd like to
[4:10:28]
take advantage of their early bird res
[4:10:30]
registration, which I believe ends the
[4:10:32]
end of September. So, I'll need to know
[4:10:35]
in the next few days uh so that staff
[4:10:39]
can make appropriate arrangements for
[4:10:41]
registration if you'd like to attend
[4:10:43]
that.
[4:10:46]
» Okay.
[4:10:48]
Council,
[4:10:51]
one of the things that came out from the
[4:10:53]
last subcommittee from the Utah League
[4:10:56]
when they were trying to get feeling
[4:10:58]
from different cities, what are they
[4:11:00]
doing about certain topics? One is
[4:11:03]
direct towards the police.
[4:11:06]
Do we
[4:11:08]
participate in license pl?
[4:11:13]
No, we don't have any LPRs that are
[4:11:16]
assigned to the Harrisville Police
[4:11:17]
Department. For that, we have a resource
[4:11:20]
we can utilize with anou that's through
[4:11:24]
the RTCC that's set up through Ogden. on
[4:11:27]
critical cases, we can um utilize that
[4:11:32]
and get data from the LPRs they have set
[4:11:35]
up through um all the Ogden and other
[4:11:39]
agencies that participate do
[4:11:42]
» But actually in Harris we don't have any
[4:11:44]
other than whatever agreements we have
[4:11:46]
with other communities to use that that
[4:11:48]
technology.
[4:11:49]
» Yeah, as of now we do not have anything.
[4:11:51]
And then do we have the uh
[4:11:55]
what are the uh surveillance camera
[4:11:58]
» Flock? Yeah,
[4:12:00]
» Flock. No. Um we've recently applied for
[4:12:05]
a grant that the Utah Highway Patrol has
[4:12:09]
put together based off of a fentanyl
[4:12:12]
grant fund that they've had nationwide.
[4:12:15]
What they've done is they uh conducted a
[4:12:17]
study. Ogden has several flop cameras.
[4:12:21]
North Ogden has them. Uh Pleasant View
[4:12:24]
has just I think got approval to get
[4:12:27]
one. And what they do is they look at
[4:12:29]
the study and they look at blind areas
[4:12:31]
based off of flock maps. And the travel
[4:12:34]
corridors that we have here in traffic
[4:12:36]
Harrisville is a blind spot. So with
[4:12:40]
that grant, I think uh we're in a
[4:12:44]
position where we'd be able to at least
[4:12:46]
get one. Okay. Okay. A couple other
[4:12:50]
things that came out um
[4:12:53]
one was um
[4:12:58]
about inspections
[4:13:00]
and that the legislature really pushing
[4:13:02]
hard that there be private inspectors
[4:13:05]
that could be allowed saying that the
[4:13:08]
cities aren't responding to the 3-day
[4:13:09]
inspection notice.
[4:13:12]
And I don't know how we do that on our
[4:13:14]
contract with them if we if they respond
[4:13:18]
to those days or if it's other cities
[4:13:21]
kind of say, "Well, you do it on this
[4:13:24]
day. We're close this day and this day
[4:13:25]
is really starts on the following
[4:13:28]
Tuesday or something like that." They're
[4:13:30]
saying, "There's just been some
[4:13:33]
misunderstand how this is used and just
[4:13:35]
check how your community is using that
[4:13:38]
3-day inspections notice." Yeah, we
[4:13:40]
haven't had any issue with our
[4:13:42]
contracted services for building
[4:13:44]
inspections. He's conducting them. He
[4:13:46]
has multiple inspectors. So, we we
[4:13:50]
haven't had any complaints
[4:13:51]
» Cuz I know they're really talking about
[4:13:53]
they got a lot of push back to just that
[4:13:54]
the contractors hired their own
[4:13:56]
inspector. I guess this is probably the
[4:13:59]
third legislative season they've been
[4:14:01]
having this discussion,
[4:14:03]
» But they implemented the mandatory
[4:14:06]
uh backup list that we have, but we
[4:14:08]
already have a contracted service. We we
[4:14:11]
we don't have any employees that conduct
[4:14:13]
those inspections.
[4:14:15]
» Okay.
[4:14:17]
And then the final one um
[4:14:21]
they're just talking about of course the
[4:14:25]
push again two things that they're
[4:14:27]
hearing. One is there'll be a real push
[4:14:30]
to try to eliminate sales tax I mean
[4:14:33]
property tax from the legislature which
[4:14:36]
that was disastrous to communities.
[4:14:39]
So there'll be a fight again for that.
[4:14:41]
And then the other one is of course to
[4:14:44]
say no matter what your zone is, you
[4:14:46]
have to allow a 5,000 foot lot.
[4:14:50]
» So, um I was just wondering, do we ever
[4:14:53]
have any meetings as a council with our
[4:14:57]
representatives with the our state
[4:14:59]
legislature representatives over our
[4:15:01]
district?
[4:15:02]
» We have in the past. We we have met with
[4:15:05]
uh Ryan Wilcox.
[4:15:08]
Um and
[4:15:12]
» We haven't had John
[4:15:14]
» John Johnson. We have not had one-on-one
[4:15:17]
meetings with John Johnson, but we have
[4:15:19]
with Ryan Wilcox in the past. And uh
[4:15:24]
» I would say this just as a pragmatic
[4:15:28]
answer to your question, the league will
[4:15:32]
push this, but the senators and members
[4:15:35]
of the house uh give you as city council
[4:15:38]
members quite a big ear. So if you feel
[4:15:41]
like there's something you want to talk
[4:15:43]
about or discuss it with them, email
[4:15:45]
them or call them because they'll listen
[4:15:46]
to you
[4:15:49]
» Do that rather than have a
[4:15:51]
» Just get them on the phone
[4:15:54]
and I have both Brian and John's number.
[4:16:00]
I have John's number because I do think
[4:16:03]
again some of these things
[4:16:05]
» Again are just
[4:16:07]
» An overreach
[4:16:09]
» And they'll the the league is really
[4:16:11]
good as we go into the session since
[4:16:14]
» I don't know if you were participating
[4:16:16]
in this last January so they'll do the
[4:16:18]
blitzes where they notify us and ask us
[4:16:21]
to reach out to our legislators which
[4:16:22]
are super helpful when things get close.
[4:16:25]
» Um but yeah, thank you. I think I missed
[4:16:28]
the last update. So, I appreciate that.
[4:16:31]
» Yeah, that came out the fall. So, I I've
[4:16:34]
got a couple things they said, you know,
[4:16:38]
I mean, questionnaires
[4:16:41]
doing. I just want to make sure I was
[4:16:42]
answering correctly when I
[4:16:44]
» The slido polls.
[4:16:46]
» Yeah.
[4:16:51]
» Last month, we uh talked a little bit
[4:16:53]
about the Weaver Community Orchestra
[4:16:55]
that we have at and we were able to let
[4:16:59]
the music happen for our rehearsals and
[4:17:04]
the last one letter wasn't here so we
[4:17:06]
couldn't get it on. So the question is
[4:17:08]
question is is that we're in the process
[4:17:11]
to try to create
[4:17:15]
is a little bit more broad than I
[4:17:18]
thought it was going to but he used to
[4:17:20]
say we'd still like to do some
[4:17:22]
rehearsals with the potential of doing
[4:17:24]
concerts and I didn't know what the
[4:17:26]
blessings were or or Harrison said this
[4:17:29]
is a nonprofit organization it's not
[4:17:32]
even organized right now it's more of a
[4:17:34]
community based
[4:17:36]
orchestra as what it is. We can still
[4:17:39]
use
[4:17:40]
the cabin for rehearsals, but then the
[4:17:43]
question comes up where
[4:17:46]
you are housing
[4:17:49]
and then the IBS is with liability
[4:17:51]
insurance. We want to have a concert
[4:17:53]
where we can have a concert.
[4:17:55]
So the question is is first of all is
[4:17:58]
the camera available
[4:18:00]
and you brought up the process what the
[4:18:04]
North community is doing with North
[4:18:11]
public works facility
[4:18:13]
that they allow us to use. We are under
[4:18:18]
we're not an individual 501c3. in the
[4:18:20]
north community band is actually an
[4:18:22]
organization, volunteer organization
[4:18:25]
within the city. We don't uh everything
[4:18:30]
is funded by us for us, but they do
[4:18:34]
allow us a facility. We're there to
[4:18:37]
perform whenever the city wants us or
[4:18:39]
needs us. Um and we go around our
[4:18:43]
goodwill representatives of the city.
[4:18:48]
So anyhow, there's a need a lot of
[4:18:51]
people want to have an orchestra, but
[4:18:54]
right now we're in the process of trying
[4:18:55]
to go through
[4:18:57]
articles of cooperation and get it
[4:18:59]
going. That's going to take time. And
[4:19:02]
then there's a broader picture that
[4:19:04]
starts to look like a Weaver Community
[4:19:07]
Alliance, which would include all arts.
[4:19:09]
Now I'm talking to the arts committee
[4:19:11]
here. We're in
[4:19:15]
needless to say good last time.
[4:19:19]
» That was a question I had for you.
[4:19:22]
» As a member of the orchestra, is that a
[4:19:24]
conflict of interest to a motion to
[4:19:26]
allow us to use the cabin?
[4:19:28]
» Uh, are you financially making a lot of
[4:19:31]
money with the orchestra?
[4:19:32]
» No. No.
[4:19:34]
» Okay.
[4:19:36]
» They're like most businesses, they're
[4:19:37]
nonprofit.
[4:19:41]
» Any other council comments?
[4:19:43]
» Yeah, I have just one. So I I've met
[4:19:47]
twice now with the with representatives
[4:19:50]
from Pleasant View, North Ogden, and
[4:19:53]
Harris
[4:19:55]
um talking about um economic development
[4:20:00]
and um we're at the point that we want
[4:20:03]
to start organizing
[4:20:06]
some possible things and I'm not asking
[4:20:08]
to know tonight, but if you have
[4:20:12]
thoughts on
[4:20:14]
the the proposition is they're looking
[4:20:17]
at possibly having a joint,
[4:20:21]
you know, I don't know if you'd call
[4:20:23]
them an economic development
[4:20:25]
officer or person that's there to help
[4:20:28]
promote. Um the thought process is that
[4:20:32]
we would advertise not Harrisville as
[4:20:36]
Harrisville, not North Ogden as North
[4:20:38]
Ogden, and not Pleasant View as Pleasant
[4:20:41]
View.
[4:20:42]
But when it comes to economic and
[4:20:44]
drawing businesses that this is a tri
[4:20:46]
city economic development team and
[4:20:49]
you're dealing now with 70,
[4:20:52]
you know,
[4:20:54]
60ish,000
[4:20:55]
households to bring businesses to rather
[4:20:58]
than 12 for Harrisville. I know we're
[4:21:02]
not there yet, right? Uh 20 for North
[4:21:06]
Ogden, 15 for Pleasant View. And uh and
[4:21:12]
we even have Far West who's interested
[4:21:15]
as well and thinking that we might be
[4:21:17]
able to create a very strong business
[4:21:20]
district business districts along our
[4:21:23]
our main thorough affairs Washington 89
[4:21:26]
and 2700
[4:21:28]
that impact our community. And so um
[4:21:32]
what thoughts you might have regarding
[4:21:35]
something to that effect and if we would
[4:21:38]
be interested in pursuing that further.
[4:21:40]
we grow to the point where we want to
[4:21:43]
start putting together like a
[4:21:47]
you know interlocal
[4:21:49]
agreement or memorandum of understanding
[4:21:52]
whatever you would call it
[4:21:54]
um to uh
[4:21:57]
to move forward with something like
[4:21:58]
this.
[4:22:03]
» Any other comments? Well, I just comment
[4:22:05]
on I think that's a a good idea because
[4:22:09]
the power is going to be in the legion,
[4:22:11]
not as an individual. You know what I
[4:22:13]
mean?
[4:22:16]
You know, basically I-15 is now the main
[4:22:19]
street of the state. You look at all the
[4:22:22]
development happens along I5 and how the
[4:22:25]
other streets have kind of just kind of
[4:22:27]
taken whatever is left
[4:22:29]
and to try to tell you all of us were
[4:22:32]
not on I15.
[4:22:35]
We need to pull together to have some
[4:22:37]
strength and security development to
[4:22:40]
happen.
[4:22:43]
I think it's a good idea.
[4:22:45]
you know, we're already involved with
[4:22:48]
supporting a lot of stuff that's in
[4:22:50]
North Aton with, you know, by 2700. It
[4:22:54]
makes sense that when we do a tri city
[4:22:56]
or quad city area, it gives a lot of
[4:23:00]
clout, but uh we want to approach
[4:23:03]
businesses or recruit for businesses.
[4:23:07]
We've been trying to do that for years.
[4:23:11]
I think I think it could give us more
[4:23:13]
power in the table if there's
[4:23:18]
some person that's actively searching
[4:23:21]
for all the interest.
[4:23:33]
» Thank you.
[4:23:38]
» Okay. Well, I just A heads up for for
[4:23:42]
all the council, all the staff knows,
[4:23:45]
but I'm headed to the hospital tomorrow.
[4:23:52]
» So I my I have open heart surgery on
[4:23:55]
Thursday.
[4:23:58]
I'll be there for at least seven days
[4:24:06]
for your speed.
[4:24:10]
You still haven't told me what I need to
[4:24:13]
I know I need to run this meeting, but I
[4:24:16]
would like to know more like if you can
[4:24:18]
include me on what I need to just
[4:24:22]
leave and you're good.
[4:24:24]
» So,
[4:24:25]
» How was it you do the first you want?
[4:24:28]
» What's that?
[4:24:30]
» How'd you do the first meeting? You just
[4:24:31]
kind
[4:24:36]
» Okay, so item number eight is in German.
[4:24:40]
How about a motion for 1110?
[4:24:43]
» You know, you could say without
[4:24:45]
objection.
[4:24:49]
» Okay, that's the same thing
[4:24:51]
when you're the
[4:24:54]
motion that need to be second.
[4:24:58]
» Okay. All in favor? I I
[4:25:13]
What was it? Yeah, there may couple
[4:25:16]
things.