[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.