[0:01] [clears throat]
[0:12] Mike's coming.
[0:16] Oh, thank you.
[0:23] » Hi, Josh. How are you tonight?
>> Peachy.
[0:31] 7:00
[0:37] calls me in order. Say the pledge of
>> allegiance.
[0:41] Pledge allegiance [clears throat] to the
flag of the United States of America and
[0:45] to the republic for which it stands. One
nation under God, indivisible, with
[0:51] liberty and justice for all.
[clears throat] Before
[0:57] you enter the roll call, please make
sure your mics are on somewhat close to
[1:01] your mouth. A lot of citizens are having
issues hearing us online. And make sure
[1:05] the buttons pushed down so they're on.
If it's not working tonight, we'll have
[1:10] somebody look into it. See what we can
do.
[1:13] All right. With that being said, we'll
move into a roll call of the council,
[1:16] please.
>> Denny Bell
[1:17] » here.
>> Cindy Gassi here. Andrew Hamilton
[1:20] » here.
>> Craig Wright.
[1:22] » Merritt Jones
>> here. Okay, next move into the approval
[1:26] of the agenda. Any questions?
[1:31] If not, is there a motion?
>> Motion to approve.
[1:34] » I'll second.
>> There's been a motion in a second. Any
[1:35] other discussion?
All in favor say I.
[1:39] » I.
>> I.
[1:41] » Opposed.
Motion carries.
[1:45] Next, we move on to approve the consent
agenda.
[1:50] Any questions or discussion?
[1:55] Make a motion to approve.
[1:59] » Motion. Is there a second?
>> Second.
[2:04] » All right.
Call vote, please.
[2:08] » Bell,
>> yes.
[2:09] » Gassi,
>> yes.
[2:10] » Hamilton,
>> yes.
[2:12] [clears throat]
>> Motion carries. Next, we move on to
[2:15] citizens input. If you have anything,
address the podium. Limit to three
[2:19] minutes, please.
[2:23] You guys will have your time.
>> Oh, okay.
[2:25] » You're on the agenda, so you don't have
to approach now.
[2:29] » All right. Next, move on to department
departmental reports.
[2:34] Uh, any discussions or questions?
[2:39] Kim, you're kind of late. I don't know
if they all made the council pack. I
[2:41] don't know if you guys kind of want to
give an update where you're at, kind of
[2:43] what's transpired just so the council
knows what's coming their way.
[2:48] The last years
[2:54] call
[2:57] the average
[3:13] meeting
or Um
[3:21] yeah, that was basically as far as
the state also has some funding, but
[3:27] that money will probably get to a
project for the county. I think this
[3:34] last time they bought
gas meters for EMS
[3:42] on
[3:47] new ones for that.
[3:55] So that's the state.
[4:04] » Yep.
[4:08] » Who is representing us on the for the
county out of your crew?
[4:14] went down and
[4:20] two people.
[4:41] » Any other questions?
discussion.
[4:44] » So, what's the steps? You're resigning
and thank you very much for your service
[4:50] to our community.
>> So, has the ambulance
[4:54] voted on somebody to replace you?
>> Oh, hey. We got a direct phone number to
[5:01] him. [laughter]
>> So, our goal was to get it tonight. We
[5:05] just time got the better of us.
>> Let's not care if we got my own personal
[5:09] issues, right? You know, so they are in
kind of a It's a limbo for two weeks
[5:14] till your next one. Would you guys call
it that? Fairly uh fairly.
[5:18] » Yes, I'm fairly confident. Kendall, you
ran the ambulance many times, been
[5:22] around for a long time. Um so we'll just
kind of we'll look for that in the next
[5:26] agenda to straighten all that up. But
>> okay,
[5:32] » what's that?
[5:37] » We're changing that date tonight, I
think.
[5:40] » Yeah. Yeah, we'll be changing it just
because of the holiday.
[5:44] » Okay.
So, my letter might just whenever your
[5:49] date
>> Yeah, we can get it straight.
[5:53] » Okay,
>> sounds good.
[5:57] When is the county ambulance supposed to
be up and running?
[6:01] » November 1st.
>> November 1st.
[6:06] All right.
All right. Anything else on department
[6:10] reports?
Thank you both for coming and updating
[6:14] us. Appreciate Kendall for stepping up.
Thank you for your service and we'll
[6:18] touch on it again, but thank you very
much. All right, if no other questions,
[6:22] I'll entertain a motion.
>> So move a motion. Is there a second?
[6:29] » Second.
>> Any other discussion? All in favor say
[6:33] I.
>> I.
[6:35] » Opposed?
Motion carries. All right, old business.
[6:39] We're back to the water tower. Thank
you, Hamilton, for catching that. Um,
[6:43] they did look through it and it was an
engineering agreement that that was part
[6:46] of the original bid. So,
>> great catch. Thank you. So, we're going
[6:49] back to where we were. All these numbers
have been adjusted accordingly. So,
[6:53] » we saved you saved over 9,000 bucks with
that catch.
[6:56] » Good job.
>> Caught one.
[7:01] [snorts]
>> I can You know what? I can honestly tell
[7:04] you in 30 years of doing this, I've
never seen an engineer send me an email
[7:08] that said, "You're right.
[laughter]
[7:12] That was a great catch.
>> They shouldn't be paying that. I should
[7:17] probably frame that email
>> from Lucas. Lucas is a great kid. I
[7:21] shouldn't I'm not picking on him. I'm
just
[7:23] » Well, no, I am picking on him.
>> We do not need to boost Andrew up
[7:25] anymore. [laughter]
[7:29] [snorts]
>> All right. Any other discussion on that?
[7:31] If not, I'll go in to change order
number one. I'll entertain a motion.
[7:36] » So been a motion. Is there a second?
>> I'll second.
[7:40] » Any other discussion?
>> Roll call vote, please.
[7:44] » Cassie,
>> yes. Hamilton,
[7:46] » yes.
>> Jones,
[7:47] » yes.
>> Bell,
[7:48] » yes.
>> Motion carries. Moving on to the
[7:51] resolution accepting improvements on the
water tower painting project. Any
[7:54] questions or concerns with that?
If not, I'll entertain a motion.
[8:00] So move
>> a motion. Is there a second?
[8:04] » Second.
>> Any other discussion? Roll call vote,
[8:08] please.
>> Bell,
[8:09] » yes.
>> Gossi,
[8:10] » yes. Hamilton,
>> yes.
[8:11] » Jones,
>> yes. [clears throat]
[8:13] » Motion carries.
Next on the for business, a resolution
[8:17] approving the payment for the water
tower painting project, the retaining of
[8:21] $15,251.
Any [clears throat] questions or
[8:25] concerns?
Hearing? None. Is there a motion? Motion
[8:29] to approve.
>> Second.
[8:31] » Motion in a second. Any other
discussion?
[8:34] » Roll call vote, please.
>> Jones,
[8:36] » yes.
>> Bell,
[8:37] » yes.
>> Gassi,
[8:38] » yes.
>> Hamilton,
[8:39] » yes.
>> Motion carries. Next, we move on to new
[8:43] business. We have a resolution of
support for Revive Bodyworks LLC.
[8:49] It's simply just asking for a letter of
support. Do you want to speak on it in
[8:53] behalf or
>> as far as
[8:56] » if you will I don't want to interrupt
but [laughter] that way the mic will
[8:59] catch you.
[9:03] » All right. Can you hear me? Okay. Um the
whole process is new to me as far as how
[9:08] it goes, but essentially as part of the
process when I'm applying for the Bina
[9:14] County Economic Development Commission
uh low interest key grant um part of
[9:20] that is you have to to have support by
your community um with the situation of
[9:25] moving forward. So, that's one of the
items. Um I'm applying for that and then
[9:29] I'm also um hoping for a key business
grant as well. Um we're making a lot of
[9:36] changes, a lot of renovations. I'm
really excited about it. Um it's going
[9:40] to great. I don't know if you have any
specific questions regarding the
[9:42] process,
>> what we're doing.
[9:44] » For the people listening, yeah, when do
you think you will be in the next the
[9:48] new building?
>> Our goal is October or November. Okay,
[9:51] there we go. Perfect.
>> And for those who don't know, what do
[9:54] you offer for services?
>> So, for services, it's massage therapy,
[9:57] aesthetics, um raiki, reflexology,
uh LED, which would be light therapy,
[10:03] sauna therapy.
[10:06] » Excellent.
All right. Any other discussion,
[10:10] questions?
>> So, what's going to be the scope of the
[10:12] remodel?
>> The scope of the remodel. Okay. So,
[10:15] we're currently in 748 square feet.
We're working split shift so that we can
[10:20] um
stay with the course of our demand. So
[10:24] we have six team members. Uh we have
three treatment rooms. So as we move
[10:28] over there, I don't know if you're
familiar with the building, but the
[10:30] building used to be like three separate
buildings kind of or not buildings but
[10:35] businesses. So in the front it would be
like say Remax or so Craftsy and she had
[10:39] the whole thing, but essentially it
could have been like three separate
[10:43] areas. So we're opening it all up. So,
the idea is that we'll have six
[10:48] treatment rooms, a large um reception
area, waiting room, an area where people
[10:54] could get memberships for sauna led. Uh
we have a separate treatment room for
[10:59] chair massages.
Um we eventually would like to host
[11:04] classes, whether that's us teaching
classes to other massage therapists for
[11:08] continuing education, bringing other
people into the community. Um maybe it's
[11:12] just even community class as far as uh
self-care, different mobility,
[11:15] stretching, just getting um different
ways for our current clients to get more
[11:22] out of their sessions in between
sessions. So yeah, have a lot going on.
[11:28] Um we're changing um
essentially right now um the doors are
[11:34] too small for even like handicap
accessibility. So that would be part of
[11:38] it. Um once we reconfigure it, one of
the complaints of the previous owner um
[11:44] of So Craftsy said that people were very
confused as to which door to use. So
[11:48] reorienting it to the parking lot side.
So the front would be just more of
[11:53] frontage, but having everybody come in
to one primary door and knowing which
[12:00] route they're supposed to go when they
arrive. Um, I think it will be great
[12:03] because when they are at the parking
lot, um, there's a lot of other things
[12:06] going on in that area right now with the
Thompson building, with, uh, the coffee
[12:10] shop, with physical therapy, with the
laundromat, with, um, the art studio
[12:16] across the street. So, I think it will
be great.
[12:21] Any other questions?
>> I just like to say thank you for
[12:24] investing and continuing investing in
Jessup. That's awesome.
[12:27] » I wish you the best of luck.
>> Thank you.
[12:31] Is there anything else?
>> All right. If not, I'll entertain a
[12:35] motion.
So,
[12:37] » move a motion. Is there a second?
>> I'll second it.
[12:40] » Any other discussion?
>> Roll [snorts] call vote, please.
[12:44] » Gassi,
>> yes. Jones,
[12:45] » yes.
>> Hamilton,
[12:47] » yes.
>> Bell,
[12:48] » yes. Motion carries.
Next on new business is the request for
[12:53] hearing before the council regarding the
nuisance abatement at 1244 6th Street.
[12:57] Matt Rogers. Josh, do you want to start
and just kind of catch us up to date or
[13:02] up to date kind of where we're at in the
process?
[13:05] » Sure.
>> Um,
[13:12] so the the request by Matt was um he was
served a a notice to abate in reference
[13:17] to having livestock at his residence.
Um, so he was served an abatement looks
[13:23] like the 13th of August um with a 10day
um a 10day notice or a 10day
[13:31] take care of the issue kind of thing.
There was a couple other things in this
[13:34] abatement as well in reference to a
couple things that him and I discussed
[13:38] on the property that was going to be
taken care of. So I think the only issue
[13:41] that we're talking about today is the
the livestock itself. Correct.
[13:46] » Okay. So and I haven't gone to to look
to see if those other items have been
[13:52] taken care of, but I wasn't really
overly concerned about it when he said
[13:55] he'd take care of it. I didn't question
that. Um,
[13:59] so the livestock part of it would be
chickens which are listed under
[14:08] chapter 55
[14:12] » 05. No. Yeah.
>> Well, listed under chapter 55, but yes,
[14:17] 550 specifically
>> is for um
[14:22] » it says that livestock
>> livestock
[14:24] » prohibited. Yeah.
I think the definition is under chapter
[14:28] 55 in the
first part of it.
[14:33] » Yes. 5501.
>> So yeah, so obviously Matt has requested
[14:37] a hearing to uh
speak about this matter. You guys
[14:42] » How many chicken are we talking?
>> I think there's a
[14:45] » Okay, I was going to say three. I only
saw three in the picture, so I I I
[14:49] couldn't tell how many were there
without going
[14:53] up and actually looking at them.
>> Try to keep my distance.
[14:57] » Did we receive not did were we informed
of this by a neighbor or how did you get
[15:02] wind
>> by a neighbor?
[15:04] » Um, we also received [clears throat] a a
note in the drop box, but no name or
[15:08] anything like that. It was just a
>> That's fine. I just wondered how I
[15:11] wondered how the city came.
>> So, I don't even know. Yeah. So
[15:14] technically that doesn't even qualify as
a complaint, but
[15:18] » yeah, it was brought to my attention by
name.
[15:20] » Okay.
>> All right.
[15:22] » Does the council have anything else for
Josh?
[15:26] » Thanks, Josh. Now, if you guys want to
go to the podium.
[15:32] » Yes, absolutely. Just state your name
and that way we have for the record.
[15:34] » Right. This is your hearing. So, this is
your opportunity to present whatever
[15:39] information you want to the council
regarding why they should not uphold the
[15:45] abatement directive.
[15:49] » Rogers,
[15:55] I'm sorry. I don't know really what I'm
saying here.
[15:59] We got cited for having livestock
poultry in our yard. Um,
[16:06] We've had him for years. I don't know. I
didn't even honestly know that Jess had
[16:10] a on tree. Um, so now now all of a
sudden it's a it's an issue because
[16:18] we're trying to do some work on on the
the barn that's in our backyard and
[16:24] which we've always had them in there.
Always kept them inside, never had a
[16:28] problem with it. And now we brought them
outside and now all of a sudden there's
[16:31] a problem with it. Um, really what I'm
kind of Is there any way that we can
[16:37] seek way for approval to eat my chickens
or
[16:41] you guys?
>> Can I speak on that?
[16:45] » My wife.
Um, my name is Jesse Rogers. I'm Matt
[16:49] Rogers wife. Um, I reside at the same
place as him. Um, we bought our house in
[16:55] 2008 and there was currently chickens
owned by the White family. When we
[17:00] purchased our home, what appealed to us
buying that home was that there was a
[17:05] chicken shack essentially there. Um
that's what appealed to us having there.
[17:10] Um we've always had them. Um we after
really looking at like the statutes and
[17:17] the ordinances there is a nonconformity
clause. Um that building has existed
[17:23] since the 30s. Um I can speak on the
people that had actually owned it before
[17:27] that and prove that there was always
chickens there. Um our sidewalk, as a
[17:31] matter of fact, um I believe it's
that lives behind us. His sister and
[17:37] their children lived there and had
chickens for many years as well. And as
[17:41] a matter of fact, when they poured the
sidewalk, they put their initials in the
[17:44] sidewalk along with like the chicken
feet in there. So, there's proof that
[17:48] chickens have existed. When we bought
the house, um it was part of an estate
[17:53] sale. We know that family very well.
Went to church with them. Um the
[17:58] equipment that was in there, the
heaters, the chicken waters, the chicken
[18:02] um what you call desking box, the one
that officer Evans had saw out there
[18:07] that came with the property that was
offered to us when we bought it. Um, as
[18:11] a matter of fact, we went over there to
help do work on the house just to help
[18:15] get it closed faster. Um, we were
actually offered to go ahead and have
[18:20] our chickens over there. So, we kind of
absorbed some of theirs. Granted, there
[18:24] was a lot more chickens at the time. Um,
I'm very well aware of USDA rules, kind
[18:29] of guidelines on how to care based on
flock size, property We have a halfacre
[18:34] backyard. Um the garage, shed, wherever
you want to call it, sits
[18:39] about halfway back. Um but it does sit
about 15 foot from the said neighbor's
[18:44] line. We're pretty sure we know to make
the complaint. Um we've had issues with
[18:49] him over the years. Um our other
neighbors are well aware. We've always
[18:53] had chickens. It's never been an issue
with them. It's only been an issue with
[18:58] this neighbor as of recently because we
simply moved them outside to do
[19:01] maintenance. And I know we can't tear
that building down and rebuild it, but I
[19:06] do know we are allowed to do maintenance
to it. And in order to do that, we had
[19:10] to place our chickens on the backside
where it was ventilated, shaded, keep
[19:14] them safe while we do the work to it.
And part of that was in the complaint of
[19:20] garbage or what they said, uh, scrap
metal, I believe. And so the only thing
[19:26] that that was really of issue of being
metal was that chicken being that sat
[19:32] outside of it and so we did move that
back inside. Um the garbage however I
[19:38] actually have proof that we do go to the
landill every Saturday morning. We have
[19:45] debit receipts that we go. So the issue
of garbage bags are should not be an
[19:50] issue. They get taken care of weekly
just like people that would have a
[19:53] weekly route with garbage for pickup.
And so that is one of the things we're
[19:57] asking to have nullified is the issue of
the scrap metal and the garbage in
[20:02] consideration for the nonconformity use
of having poultry
[20:07] um with that. And so that's what we're
asking.
[20:13] Anything else?
>> Okay. Um
[20:19] so a couple things I'll just let the
council know before you deliberate a
[20:23] little bit more. Um,
so typically when you talk about
[20:28] non-conforming use, you talk about a
building and it being non-conforming
[20:32] within a zoning area, right? For
instance, um, somebody has a accessory
[20:40] dwelling in their backyard that's larger
than the square footage allowable in
[20:44] that zoning district in the backyard for
an accessory dwelling. Um,
[20:50] you don't hear about what I would call a
prohibition such as livestock being a
[20:55] non-conforming use, right? Livestock are
they're either allowed in city limits or
[20:59] they're not. Um,
also
[21:06] obviously the concern I would have is
that if you allow
[21:12] chickens, then you have absolutely no
ability to enforce that provision
[21:17] against anybody else in town. Currently,
right now, your ordinances say that you
[21:21] cannot have poultry in city limits.
Period. It's very clear. Um, are there
[21:26] towns that have chicken ordinances? Yes,
there are lots of towns that allow
[21:30] councils to grant permits for chicken
ordinances up. You know, Hazelton's goes
[21:35] as far as 20 chickens. Of course, you
can't have roosters, have to have coupe,
[21:38] all of all of the things. Um, Jessup
doesn't have one. I I don't recall it
[21:46] coming here before council. I Someone
could correct me if I'm wrong, but I
[21:50] don't remember. Uh,
>> oh, it did.
[21:52] » What did [clears throat] Okay. So, that
doesn't surprise me that I recall that.
[21:56] um because there was a whole slew of
times where we wanted people wanted to
[22:00] have them and then it didn't happen. So
um if you guys denied doing a chicken
[22:05] ordinance then that means at that time
you spoke and decided you didn't want to
[22:08] allow chickens. Um
what you can do I mean after you discuss
[22:14] or ask other questions is you know you
can provide them a certain amount of
[22:17] time to get rid of the chickens. You
don't have to um tell them they got to
[22:23] have them gone tomorrow. you can say,
you know, we're we're denying your
[22:27] request, but you have 20 days to get rid
of the chickens, otherwise face a
[22:32] municipal infraction. Um, that's
probably what I would recommend in this
[22:36] case as opposed to us entering the
property and removing the chickens. Um,
[22:42] I think that's probably a better
solution based upon the way our code is
[22:45] written. Um,
that way a judge can determine whether
[22:51] or not chickens need to go bye-bye as
opposed to us entering the property and
[22:56] physically handling their chickens,
which we don't really necessarily have
[22:59] the skill set the or need to be doing.
Um, so I don't know that I want to get
[23:04] in the middle of, you know, if the
council goes that way, I wouldn't want
[23:07] to get in the middle of doing that. I'd
rather just give them a time period and
[23:10] if they don't comply, then you guys can
decide whether or not you want to pursue
[23:13] a municipal infraction for violating the
ordinance by keeping the chickens. Um, I
[23:18] can do some digging in regards to her
nonconformity argument. I hadn't
[23:22] researched that before tonight, so while
you guys talk, I can see if I can find
[23:26] anything directly on point, but I'm
going to be shooting from the hip on
[23:29] that argument. My initial gut was
non-conformity applies to buildings, not
[23:33] to
what I would call a prohibition of, you
[23:38] know, can't have it in town kind of
thing. Um, but again, I'm happy to look.
[23:44] So,
>> um, is there anything uh that allows for
[23:48] grandfathering? Um,
>> you see grandfathering and
[23:52] non-conforming use all the time
regarding structures.
[23:55] » Okay. So yes, there is such a thing as
grandfathering in where and that's kind
[24:00] of what she referenced in regards to
usage of buildings. You can if if a
[24:05] building is nonconforming
um the subsequent owner acquires that
[24:10] nonconforming status and it's still
grandfathered
[24:14] um so long as you don't change its use
or significantly alter its
[24:21] depiction, its use, whatever. As long as
you
[24:24] » Yeah. setbacks and whatever. Yeah.
>> Have in your research, have you found
[24:28] any language in our ordinance that
allows for grandfathering?
[24:32] » Yes. So, not only just non-conforming
use of the building, but non-conforming
[24:36] use of the property. Um, our deeds go
back. It actually used to be a farm. As
[24:41] a matter of fact, our neighbors property
and ours was one property at one time.
[24:46] And if you were to do like an aerial
photo, you can see like the existing old
[24:50] driveway actually did like a loop around
this chicken. Um, and we had looked up
[24:56] Iowa laws and so this wouldn't be like a
new precedent. This is actually a lot of
[25:00] times this is happening where people
have said we do have like a right to
[25:05] have hobby farming and that with
existing especially when that was the
[25:09] one thing that really drew us to buying
that home. Um, and there was nothing in
[25:14] the statute that we needed to apply for
a permit for it. It's kind of a gray
[25:18] area is what I'm finding. Oh, it would
obviously depend on when your ordinances
[25:22] were passed and how long these were in
here. I mean, it would take a It's not
[25:25] as simple as as saying, you know, I've
found this and I know that we can do
[25:29] this. It's not that simple.
>> We signed it on Thursday.
[25:35] » We've done
>> outside of work.
[25:38] » Can Can you Can you site a section
ordinance that deals with that? Um, yes.
[25:43] » I mean, it'll make it easier for
>> Yes. So, I actually um did type that up.
[25:47] So, the first one, it's 65D.05
[25:54] and then um that was talking about
non-conforming uses of land. But then
[25:59] there's also definition the
>> that's using the land in a way that's
[26:04] not possessing something that's illegal
under the code. That's using the land as
[26:09] a business or using the land as an
active farming operation or using the
[26:13] land. It's not it's not possessing
something that's prohibited. That's
[26:18] where I'm struggling with your argument.
>> Approve that to
[26:23] » I guess
>> see how it says so it's non-conform.
[26:26] We're not dealing with 165D.04 is
non-conforming buildings and structures.
[26:30] We're not dealing with that. This is not
this this isn't a discussion that of you
[26:34] having a building on your property and
you're and you're and it's
[26:38] non-conforming like it it violates
setbacks or you know you're you're
[26:42] within five feet of your property line
when you're supposed to be 20t away.
[26:45] That's what that's what non-conforming
buildings and structures is. Um
[26:50] non-conforming uses is 165D05.
[27:04] Again, typically what I see with that
is, you know, somebody had a
[27:09] hairdressing salon in their garage and
they did hair styling in the garage for
[27:15] years and then the R1 district was the
overlay and it said you can't operate a
[27:20] business out of your garage, that's like
a non-conforming use. but if she had
[27:24] already operated her hair salon
um in the business. So, where I' what I
[27:30] was getting at that I've never seen is
when you've got a prohibition that you
[27:34] can't possess poultry. [laughter]
That's different than that's different
[27:38] than the use of an of an R1 zoning
thing.
[27:42] » Well, okay. How's that different? I
mean, you're using for for a specific
[27:46] kind of a business versus you're using
it for a certain kind of
[27:51] » way of life. Well, it's another way. If
if they were selling chickens instead of
[27:56] selling haircuts, what's the difference
there?
[28:00] Or is there a difference? I don't
>> Yeah, it's not a It's not a business.
[28:05] It's not using It's not using the
structure,
[28:09] the use of the property. Uses of the
property are about Okay. So, um, R1 is a
[28:16] is a single family residence district
and it has all kinds of different things
[28:20] that you can do in an R1, right? R2 is
usually multifamily and single family.
[28:24] It has all kinds of things you can do in
there. A one says basically you can do
[28:29] anything in A1, right? Kitty bar the
door, you can farm, you can do whatever
[28:32] you want in A1. So when we talk about
using
[28:37] your single family residence for
something other than what's delineated
[28:41] in R1, that's a nonconforming use of the
land.
[28:46] See what I mean? Operating operating a
hair salon in the single family
[28:49] residence district is a it is is not
allowed under R1. You're not you're not
[28:54] supposed to be operating a business in a
in an R1. And I I have no idea. Are
[28:58] these folks in an R1? I'm just picking
that out of the thin blue air. Is it R1?
[29:03] R1.
>> Yeah. Okay. So, it's R. So, so let's
[29:06] look at So, non-conforming uses of land
165 DO5 D05
[29:14] talks about using the land in a
different way than what's allowed in
[29:19] that zoning district. So now if we go to
R1,
[29:26] which is probably a whole different
chapter that I can't get to right now
[29:30] would be my guess because it's our
zoning regulation,
[29:34] but I think I can get to that on your
website.
[29:42] [clears throat]
[29:52] Maybe I can't.
Zoning districts. There we go.
[29:59] Um,
[30:04] okay. Your R1 principal permitted uses.
This is what this is what uses are
[30:09] defined as. single family dwellings,
churches, public schools, parochial
[30:14] private schools, public parks, public
buildings, family homes, home
[30:17] occupations, accessory uses, special
exceptions, hospitals, swimming pools.
[30:22] None of these things are
they're they're all how you use the
[30:27] property, not what do you possess on the
property. See? See what I'm saying? Is
[30:33] the difference?
>> Yeah.
[30:35] It's not a We have a prohibition in our
code that says you can't have livestock
[30:41] in city limits.
>> When when was it question? So you're
[30:44] saying because I live in my house is not
considered a house
[30:48] » because my chickens live in the chicken
shack or farm in the backyard. That's
[30:53] not considered what they live in the use
of what they live in. I live in my
[30:58] house.
>> No, you're not understanding what I'm
[30:59] saying.
>> You're not understanding what I'm
[31:02] saying. I'm saying R1 has a list of uses
of what you can do in R1. And when we
[31:08] talk about non-conforming uses, we're
talking about how we use the buildings
[31:13] that are in that R1 zoning district.
We're not talking about what's possessed
[31:19] on the buildings.
[31:23] Uses are about how you use the principal
permitted structures.
[31:26] chickens live in the chicken coupe
that's not used as a chicken coop.
[31:32] » But because I possess the chickens that
excludes the chickens. Is that what
[31:36] you're trying to say?
>> I mean, I'm not trying.
[31:39] » No, I'm No, I'm I'm read I'm reading the
code very plainly. We have an ordinance
[31:43] that says that you cannot possess
poultry within city limits. Period. It
[31:48] doesn't say you can't possess poultry
within city limits unless you've lived
[31:52] here for 20 years. It doesn't say you
can't possess poultry within city limits
[31:56] unless you have a coupe and a chicken
house in back and you're accepted by a
[32:01] special building permit. It doesn't say
any of those things. It specifically
[32:04] says you can't possess poultry and city
limits. Period. It doesn't say unless
[32:10] you've been non-conforming or unless
you've got a non-conforming use.
[32:14] Reference 165D. The plain reading of our
code says you can't have poultry in city
[32:21] limits. And there's nothing in there
that would make any reference to uh
[32:28] raising poultry at that location prior
to the enaction of that ordinance.
[32:34] » Not in there.
>> I I have I have no there's no reference.
[32:38] There's no reference. There's no
reference.
[32:40] » What exactly was it passed that?
I I would say that these I mean I'd have
[32:46] to do some major digging, but these are
standard code of ordinances that have
[32:50] been around for over 20 years that I've
been representing city.
[32:53] » I was going to say we we we had chickens
when we bought our house when we moved
[32:57] in there. We had chickens when we in the
rental house that we rented in Jessup
[33:01] before we bought our house.
>> We had chickens before we even moved to
[33:05] Jessup.
>> Does it matter?
[33:06] » So like
>> even if they had chickens, we just
[33:08] passed it tomorrow. It's still then
against the code. Correct.
[33:12] » If you say that again. So if we just
passed the code say a week ago and it's
[33:16] the new code, they have to uphold that,
right?
[33:18] » Well, that's what
>> I mean it doesn't matter doesn't matter.
[33:21] » I do not believe her grandfathering
argument is applicable to chickens is
[33:25] what I'm saying. I would have to
research that more. But my my my
[33:29] personal quick gut reaction after not
knowing any of this until showing up
[33:34] tonight is that
>> the is is is that you can't use a
[33:40] non-conforming grandfather argument on a
prohibition against chickens. You can
[33:44] use grandfather non-conforming arguments
on uses and and zoning var variances
[33:50] like setbacks and and how you use your
structure, but you can't use a
[33:54] grandfathering argument on something
that's prohibited. That'd be like the
[33:58] best example. Okay, we've decided to
prohibit vaping in city limits, right?
[34:04] So, we're going to prohibit vaping if
you're under the age of 21, whatever.
[34:09] Okay. Now, does that mean that the
people who used to vape get
[34:12] grandfathered in?
>> No.
[34:15] » Doesn't work that way. This is a
prospective law, meaning once it's in
[34:19] place, it's followed. Just like new
criminal laws are. Once we say that you
[34:23] can't possess marijuana, you don't get
grandfathered in because you previously
[34:27] possessed marijuana.
>> You can't possess marijuana moving
[34:31] forward. It's prospective. It is
applicable prospectively.
[34:35] » So, moving forward, is this a law that
can never be changed? No, it absolutely
[34:40] can be changed. A city has home rule. A
city has home rule power to go ahead and
[34:46] determine if they want to let chickens
be within city limits. And there have
[34:50] been lots of meetings I have sat at at
other cities other than just where
[34:53] individuals such as yourself have made
applications to city council and have
[34:57] asked them to consider modifying their
livestock ordinance to allow chickens.
[35:02] » Okay, that's what I was asking. What is
the next step? But we you would look at
[35:06] » Well, my next question is I do in the
ordinances that we can make special
[35:10] requests. And so I was wondering if
there was a couple things we could
[35:14] consider while you look into the
possibility. Um I recommend looking at
[35:19] the different Iowa laws where it had
gone to court considering livestock and
[35:23] grandfathering into non-conforming use.
It's happening all over in a lot of
[35:27] small towns. And so that's why we're
trying to make that argument. And I wish
[35:31] I would have wrote down those specific
cases. I'm sorry I didn't because this
[35:35] was again outside work trying to get
this thrown together to save our
[35:39] chickens. So, um, but I'm considered
that maybe a special request until it
[35:44] can be truly determined to hang on to
them so we have more time to properly
[35:50] home them if it is denied. Um,
>> you you asked a question when, and I was
[35:58] on the council when the last time we
discussed that. And if I had to make a
[36:02] guess, I don't want anybody hold me to
this, but I would guess it was
[36:06] approximately three years ago is what
I'm I'm guessing.
[36:10] » That's real close on that. I made the
request.
[36:12] » What's that?
>> I made the request. You would be real
[36:14] close.
>> I was here for it.
[36:15] » You were here for it.
>> Okay. The ban on poultry has only been
[36:19] within the last few years.
>> No, no, no. They made a request to
[36:22] change it like in favor of your folks or
wanting. So it's it's been up in the
[36:26] last three years and at that time the
council was not in favor of changing it
[36:29] either
>> and understand like we do want to follow
[36:32] rules but it was um we thought that how
we interpreted non-conforming use that
[36:40] it applied to us. So I just don't want
anybody thinking that we're trying to
[36:45] break rules.
>> I'm trying to be the ones that get away
[36:48] with something.
>> Yeah. And we live right by the bank. I
[36:51] mean, we've been open about having
chickens, why it took this long, I
[36:54] guess, if it really has been that
banned, why a complaint finally came
[36:58] through. I can give you a reason why,
I'm guessing. Um, but regardless, if
[37:03] we're breaking ordinance, we are. Um,
what I'm asking is special requests for
[37:06] consideration
um
[37:10] to have them until maybe something's
determined, a special request, special
[37:15] use, something. Um, we would like to be
stewards. I mean, we we they're very
[37:21] healthy chickens. We know we only have
five, no roosters. Like, we're very
[37:25] vigilant about understanding how to keep
odors down, noise, how to care for them,
[37:31] healthy chickens to pre um prevent pest,
rodent control, all that. Um, my son
[37:39] joined FFA years ago simply because we
had chickens. They grew an interest. I
[37:44] think it would be a great thing in town
for children to have. It teaches
[37:47] responsibility.
Um, it teaches stewardship. A lot of
[37:52] kids that live out in the country tend
to do more FFA than kids in town. And so
[37:56] I'm very proud that my son Memphis did
join FFA. And I know it's because that
[38:01] we have them. Um, I would like to be
like that trial person if it is
[38:07] something to be in consideration in town
to be like, hey, this is how we can
[38:11] properly care for them. These are the
things you need. We have a halfacre lot
[38:14] size. We know five is more than enough.
I would say if they're definitely
[38:17] smaller yards, probably not five, but
they don't free range in the yard. We
[38:22] have a long enough run for them. Um,
they're healthy. There's no issue of
[38:28] odors. We clean it weekly. Like, we're
on top of it. As a matter of fact, we
[38:32] all three of us in our house work three
different shifts. So, we are all on top
[38:36] of it constantly. Um, I've never felt so
hard for an animal, honestly. We've had
[38:42] various pets and It's the one thing that
gets me through honestly with I have I
[38:47] guess emptied nest syndrome and
everything. It's given me purpose and
[38:50] drive in the day and I feel very proud
that they're very well taken care of and
[38:55] they're healthy and regardless of the
fact that apparently we're breaking city
[38:59] code and we understand that. We're just
trying to figure out a way to [snorts]
[39:03] have a happy medium with this where they
can still continue to be taken care of
[39:07] if we can't have.
So that's where we're at simply because
[39:12] we might have misinterpreted city
ordinance. I guess
[39:17] » yeah, I don't think anybody thinks bad
people are trying to down the wall. I
[39:20] don't think that was ever
>> Yeah, I don't get that.
[39:23] » Our neighbor does and I'm going to be
honest, we have been we live around a
[39:28] bunch of people. We get along great with
all of our neighbors except for the one.
[39:31] Um and it definitely plays into a lot
why we cannot fix up our home. Cannot
[39:35] because every time we do, he's out there
yelling at us. we can't even fix up our
[39:39] house because we're cocooned. And so I
just think it's funny that when I
[39:43] finally brought up the concern to our
neighbor, all of a sudden now we have a
[39:46] complaint about having chickens. So it's
like either you've turned a blind eye
[39:49] the whole time and didn't care until we
slided you somehow. So that's where I'm
[39:54] finding this very odd that and we've
lived in our house 19 years and this is
[39:59] the first time this has ever come up.
[snorts] And that's all I'm saying is
[40:03] that I just think this is kind of
retaliatory more than it is that an
[40:07] actual concern we have chickens. Um I am
on the Jessup Facebook pages. I do know
[40:12] that there is a huge interest in having
them. I get there's going to be some
[40:15] people that don't, but I think that if
there is good regulations I'm for the
[40:19] regulations of like how many you can
have, no roosters, things like that. And
[40:24] we're already exhibiting that at our
house and exhibiting that they are
[40:28] thriving and that the neighbors have had
zero issues. the one neighbor until
[40:32] recently.
So, I would like to propose it maybe
[40:37] getting something potentially started if
we could be that example of how to
[40:42] properly care for the right size and
amount of chickens, things like that, or
[40:46] at least initiate steps into getting
this going for the town if we can't get
[40:51] personal use out of it.
[40:58] » Josh, do you [snorts] have the text of
the uh complaint
[41:03] » the text.
>> I I have the the nuisance statement.
[41:06] Why?
>> Which one?
[41:08] » The the complaint against
>> Oh,
[41:10] » what we're talking about here.
>> I have We have the one that was dropped
[41:14] in the mail the mailbox.
>> It's not signed. I don't care about
[41:17] » Yeah. Well, if it's not signed, it
doesn't matter.
[41:20] » Well, my attention. So, I mean, in
theory, it does matter, but it's not an
[41:25] official. No.
>> Okay.
[41:28] » But in the end, there is against the
code. I mean, they're visually there.
[41:31] » Yeah. I'm I'm just I'm just
>> The other the other complaint that I had
[41:36] a few months ago was was by word mom.
>> Okay. So, there is no formal complaint
[41:43] against the these property owners. Is
that what
[41:46] » There is no formal complaint.
>> Yeah. It doesn't It doesn't matter.
[41:51] » Yeah. I mean, it doesn't matter. The
problem is is we've now been made aware
[41:54] of it and and we now have a violation
that we have to address.
[41:57] » Yeah.
council
[42:02] have anything else or
>> we need to close the
[42:05] » You do need to close the hearing. Yes.
So that you can discuss.
[42:09] » So at this time I'm going to close the
hearing and then we'll discuss and you
[42:11] guys are welcome to stay and then you'll
hear what we have to say too. So
[42:15] » thank you.
>> Thank you.
[42:25] » All right. The hearing
is closed. I'll open up discussion for
[42:30] the council. Is that the correct way to
>> Okay.
[42:34] » So, I guess my biggest is what I'm
looking at. It's two different issues
[42:37] here. One, if you want to change
ordinance, we got to go about that a
[42:40] different way. And we have an ordinance
that's being violated currently the way
[42:44] it's wrote. So, I mean, I think it's two
separate issues. If you want to go
[42:49] forward and change ordinance, that's a
whole different process. the current
[42:52] current way it reads ordinance is being
violated and we got to handle with that
[42:56] » right
>> first correct [snorts] is that how you
[42:59] guys are feeling this as well
>> is in the past we've had people come to
[43:03] the council wish to change the ordinance
and it did not happen at that time it's
[43:07] different councils I'm not saying never
but that's has to be done before you get
[43:12] the chicken right
>> right it's the way I feel um yeah open
[43:15] up for discussion what you guys have to
say as well
[43:21] When we decided this the last time,
the people that I talked to, and I know
[43:26] there's a group of people, because I see
it, that would like to have chickens. I
[43:30] get that. That's fine.
By far and away, the majority of people
[43:35] I talked to in town did not want
chickens in town. And me as a citizens
[43:40] of town, I don't want chickens in my
neighbor's backyard. And just be
[43:44] perfectly honest with you. Um, that's
that's my feeling just um and that was
[43:51] my feeling then and then my feeling
hasn't changed. I'll just be honest with
[43:54] you. I just don't think that's something
that at this point in time that I feel
[43:59] comfortable changing as far as
the city statute.
[44:07] That said, I'm not opposed to
giving a couple weeks or, you know, till
[44:13] September 1st or something for you
people to to do something with your your
[44:18] birds. But just
be up front. That's where I'm at.
[44:26] » Any anybody else?
>> Can I speak to a couple other things on
[44:31] the quick just as something that they
said? while they're up here. It's just
[44:39] they said something about the I can't
remember the name of it. The the chicken
[44:44] uh metal thing
>> chicken box. Okay.
[44:49] » So, that box has already been moved.
Yes.
[44:51] » And put Okay. So, I guess I just want to
make sure that I mean and I'm sure
[44:56] that's the plan. If the if the chickens
aren't approved to be there that that
[45:00] stays outside or you know flowers in it
or something.
[45:08] » Yeah. Okay. And then I just wanted to
address the garbage thing as well. I
[45:12] know that you may or may not have I'm
sure you do. I'm not going to question
[45:16] that weekly pickup.
Um, the issue, my issue that I would
[45:22] have and that somebody else may have had
is that if it sits out for an entire
[45:26] week before it's taken,
if that can just be put somewhere else,
[45:31] so it's not sitting outside for a week.
I know people have weekly pickup, but a
[45:35] lot of times their garbage doesn't sit
curbside or outside their house for a
[45:39] week. Um, and the only reason I say that
is because, you know, rodents, animals,
[45:44] stuff like that. That's what concerns
me. So, I think if that stuff's kind of
[45:48] out of sight for that week or whatever.
I just wanted to see if that could be
[45:53] addressed if need be.
[45:59] » Thanks, Josh. Anything else from the
council?
[46:02] » Heather, do you
need more time to look into stuff or No.
[46:10] » Um,
okay. Would I always love to have three
[46:15] hours to research topics and be able to
provide you with an in-depth legal
[46:20] analysis on why I believe my answer is
correct? I would always love that.
[46:25] [snorts] Unfortunately,
a lot of city government doesn't
[46:28] necessarily allow me the opportunity to
do that all the time.
[46:31] » Sounds expensive. [laughter]
>> Exactly. So, um, if you're asking me
[46:37] based upon what I'm digging into right
now and what I'm seeing right now,
[46:41] whether or not I feel confident in my
position that our chicken ordinance is,
[46:47] um, can be upheld and is legally
survivable and allows us the ability to
[46:51] prosecute as a municipal infraction, my
answer is yes.
[46:53] » Okay,
>> fair.
[46:56] » That is my I you know, that that is my
gut. And and and again that's after
[47:03] hearing lots of arguments on variances
and non-conforming uses and how those
[47:07] zoning overlays a affect things. I have
never seen a successful argument where
[47:13] there's a prohibition about doing
something in particular and seen that
[47:18] work as a grandfathering.
And again, my quick Google search is
[47:22] basically saying that unless when
passing the ordinances, unless you
[47:26] specifically put language in about
grandfathering a particular prohibition,
[47:31] um it then applies prospectively and
everybody's got to follow the law.
[47:36] » This is not
>> again, I can keep rattling off things
[47:38] like, you know, I don't know.
Trying to think of a good one. Um let's
[47:45] look at your code.
>> I'm gonna interrupt for a second.
[47:48] » No, go right ahead. And this ain't the
first time we've had an incident like
[47:51] this. What was it? Five, six years ago,
we had a a pig. Same process.
[47:56] » Um, exact same progress. So, I mean,
>> it's not like it's the first time for
[48:01] just this either. So, just so you're
aware of that as well. And I think then
[48:06] that one they gave the family so many
days to relocate the pig as well.
[48:13] » Well, this is something I've never
considered before. It just didn't cross
[48:17] my mind. I don't if We're going to make
some kind of a
[48:24] ordinance that allows a certain number
or certain time in a certain space or
[48:30] whatever. Just think of something. Um I
don't feel equipped right now to be
[48:35] making any kind of a judgment on that.
>> Well, you don't have before you a
[48:39] decision on modifying the ordinance
tonight.
[48:41] » No,
>> that is not your decision tonight. Do we
[48:43] have the ability to, as Denny said, give
them a certain length of time?
[48:49] » Absolutely.
>> Okay.
[48:51] » Yes, you can uphold the request for
the notice. Basically, you're upholding
[48:58] the request that the chickens no longer
be there and with the condition that
[49:03] they be given an additional 14 days, 21
days, whatever, whatever days you want
[49:07] to give them in order to [snorts]
find an ulterior an alternative
[49:11] placement. Then if they want, they can
put the issue before you all again. You
[49:16] know, they they got to come to the mayor
and go, "We're going to we're going to
[49:19] apply and come to a public comment and
make our pitch for why we think you
[49:24] should allow six chickens in city limits
so long as there's a coupe and no
[49:29] roosters and all of those things."
>> Yeah. And then you can amend your
[49:33] livestock ordinance to allow that
>> or not.
[49:36] » Or not.
>> That's there's two different issues
[49:40] here. the first one.
>> Get the first one.
[49:43] » How long is it going to do you think it
would take you to find a home for your
[49:47] birds?
>> I mean, a few a few weeks in the very
[49:50] least. Um,
we do have a few friends that I think
[49:55] will take them. It's just a matter of
asking and then lining up just because
[50:02] we all at our house work 12 hour plus
shift. So, it's a matter of the
[50:06] logistics because you're talking not
just chickens, you're talking and a run
[50:12] in transportation because our very close
but close enough that we can transport.
[50:23] So it's a few weeks
[50:30] » I think soil
[50:45] » and it was just reviewed three years
ago.
[50:48] » Yeah.
>> And we've had
[50:52] my
[50:57] situation. [snorts]
[51:00] » Yeah,
[51:03] I don't know how these people will vote.
Um, I appreciate you coming in. Whatever
[51:09] happens, you made a fair argument. Um, I
would encourage you, no matter what
[51:14] happens here, that you consider the fact
that by definition, you've had chickens
[51:19] illegally to city code for some amount
of time. You snuck one bias there. Good
[51:23] work. I say if it if it doesn't go in
your favor. Like I encourage you to not
[51:28] look at this as the end of the world.
Look at maybe putting a petition
[51:32] together, getting a bunch of people to
sign it and put that back in front of
[51:34] us. So So you know, so it gets forced on
the agenda. Like this doesn't whatever
[51:38] the vote is, it doesn't have to be the
end of it for y'all. I don't know what
[51:41] the right decision is. I don't think
anybody even cares what my decision is.
[51:44] So I'm not even going to voice my
opinion. But just know you did all the
[51:48] right things today for sure. But that
today might mean you have to keep trying
[51:53] to do some more things after that. Okay.
[52:02] » Anybody else have anything?
If not, I would like to kind of guide
[52:06] somebody.
>> Yep. There need to be a motion in
[52:08] regards to the status of the directive.
[52:19] in favor of
>> what did you say? I couldn't hear you.
[52:22] » Uh uphold the
two weeks.
[52:26] » Two weeks 14 14 days.
>> So you're basically looking at September
[52:31] 1st.
>> Yeah. 14 calendar.
[52:33] » You can get her done in 14.
[52:39] » And then to elaborate on he says if you
want to change orders, bring back in
[52:43] then you come back talk to me. I get you
on the council with your case of why we
[52:47] want to change our ordinance.
I would highly suggest, you know, maybe
[52:51] talk to vets and the different, you
know, really do your homework on it. You
[52:56] know, what's a good number, why no
roosters, uh, square footages on how,
[53:00] you know, go in depth on that. Really
present it. Bring some numbers with you.
[53:04] If that's the case, you know,
I love chicken. I mean,
[53:10] » I don't find chicken.
>> I just don't want them in my backyard.
[53:15] Problem is, but you know what I mean.
Denny could be my neighbor. We got to
[53:19] respect each other. So we got to we got
to represent the whole community. I love
[53:22] chicken but you know. So that's why I
said that would be actually potentially
[53:26] potentially I'm not promising anything
you could potentially change or
[53:29] potentially couldn't
want to hear a lot more of the fine
[53:33] details if you do bring that forward
that point. It's going to take some time
[53:37] to move forward if they make that motion
today
[53:42] or anything
that
[53:47] Just so you understand that process.
[53:51] » Anybody else have anything? If not, I'll
take the motion as we
[53:54] » make the motion we uphold the notice for
abatement and allow till September 1st
[54:00] for completion of that
>> placement of chicken.
[54:08] » Is there a second?
>> Second.
[54:10] » Any other discussion?
Roll call vote, please.
[54:17] Cassie,
>> yes.
[54:18] » Hamilton,
>> yes.
[54:19] » Jones,
>> yes.
[54:21] » Yes.
>> So, do you guys understand that?
[54:27] » Okay. September 1st, right?
>> Or just on September 1st, [snorts] they
[54:33] better be out of there.
>> Okay. That's what I'm trying to say. End
[54:36] of day or
>> I was going to ask like like say next
[54:41] weekend or something we get them out is
call call down have them swing out by
[54:46] the house. Yep. The cages, everything's
gone, chickens are gone, and then we're
[54:50] in the clear. You know,
>> I don't want to wait till the last day
[54:54] and then you guys come out and
>> we don't want to
[54:58] » We don't want to take them away.
>> My other question, what if it's a
[55:01] situation like we got the chickens
moved, it's a matter of time trying to
[55:04] get the rest of the stuff moved up. It's
like having the items itself is an
[55:08] issue.
>> Livestock is the most important.
[55:11] » The livestock has to be the 21st year.
Bman also has to be whatever else
[55:15] So in your bait also has to be held up
and taken care of as well.
[55:18] » So you're saying the chickens, the
chicken coupe and the chicken run
[55:22] everything that we
>> I have no problem with the chicken. I
[55:26] don't think anybody else does either.
>> That building is fine. The chickens are
[55:31] okay to have.
>> It was just that nesting livestock that
[55:34] we had for
>> you can have that structure.
[55:40] » Okay.
If you have any questions, just I do
[55:44] appreciate your open communication. Just
give us a call. Reach out to Josh. We
[55:47] want to work with folks too. If you have
questions, [snorts] reach out. Let us
[55:50] know. You know, I appreciate having the
last minute.
[55:52] » We appreciate your
present.
[55:57] » Honestly, we had chicken for so long.
[snorts]
[56:00] [laughter]
>> We were waiting that for that many
[56:03] years.
[56:06] » We were very about it too. That being
said, we will definitely
[56:12] within the time frame have our our taken
care of and then that being said, we
[56:19] will be coming in selecting a time and
trying to
[56:31] » perfect. Thank you very much for being
>> all right. Next one on the agenda is
[56:39] Uh, you got to change the date.
>> Oh, man.
[56:42] » So, I assume that's for Labor Day
weekend.
[56:46] » Who wants to change that date?
>> What do we usually do the following
[56:50] week? Maybe.
>> Oh, Wednesday.
[56:54] » Wednesday.
>> That is kind of our go-to is the
[56:56] » Yeah, which is always it it helps me
because like I can go to the one on
[56:59] Tuesday night and then go to you guys on
Wednesday night. I will be electronic. I
[57:02] mean, I'll be remote for that by the
way, but
[57:06] » I'd rather not do Wednesday. I've got
two other meetings that night.
[57:10] » Okay.
>> So, we'd be talking
[57:11] » an excuse to miss this one.
>> Yeah, it's totally
[57:15] » Can we wait that long to pay those?
>> Well, the seventh was the original.
[57:22] » So, originally on the seventh.
>> Oh, I was looking at the wrong day. I
[57:25] see what you're saying.
>> Whether or not you want to move it to
[57:27] the eth, right? Tuesday is the eth. Is
that what you're saying?
[57:29] » Tuesday be the 8th. Wednesday is what
they said the us
[57:36] Thursday
>> I will be gone that week.
[57:41] » Not good.
>> I'm sorry you took me off my schedule. I
[57:44] was going to need you probably.
>> So is there a risk for no quorum that
[57:49] week?
>> That's what I that's why I spoke up. I
[57:51] didn't know if we'd have a problem with
quorum.
[57:53] » Are you are you gone the week of Labor
Day as well?
[57:56] » No. I could be here on the 8th uh the
9th. to be really bad for me.
[58:02] » So, Denny and Andrew, are you two here
that week?
[58:05] » As far as I know,
>> no, the ninth would be okay. The night
[58:08] would be all right.
>> Second.
[58:13] » You're out of town, you said.
>> Yes, I am. Sorry.
[58:16] » The ninth I think would be okay
>> for me.
[58:21] » September.
>> I don't have a life.
[58:24] Nobody else.
>> I usually don't. I'd uh I'd include in
[58:28] the motion to move to the say the 9th
that since it's in the middle of the
[58:34] month, we skip normal the regular
meeting on the 15th.
[58:39] » Can't we pay bills?
>> We could pay them on the 9th.
[58:45] » That's a whole another discussion for
another time.
[58:47] » One meeting a month in the first place.
Do
[58:50] » you want to keep it at seven or
seven? Seven. Okay. Council meeting at
[58:55] seven.
[58:58] on September 9th. Anybody have any other
discussion?
[59:13] Okay.
>> Why don't we just move it to the 14th?
[59:16] It's only It's one
>> You got to pay bills.
[59:19] » Five days.
>> Well, you're paying You're [snorts]
[59:21] paying the bills on the 14th, right?
>> You get paid to go to two meetings a
[59:25] month. Did you read your contract?
>> No, [laughter] I didn't.
[59:29] » You should catch that little
>> I get [laughter] paid so much.
[59:34] » We should be good with You're going to
get an induction paycheck. Well, I would
[59:38] gladly give it
>> a motion September 9th at 7 o'clock.
[59:43] » Second motion to second. Any other
discussion?
[59:47] » Roll call vote, please.
>> Jones,
[59:50] » no.
>> Yes.
[59:53] » Bell,
>> yes.
[59:55] » Hamilton,
>> yes.
[59:56] » Motion carried.
>> Next on the agenda is
[1:00:00] » adjourned. Is there a motion? Is there a
motion? Is there a second?
[1:00:03] » Yes. I'll second.
[1:00:10] » All in favor say I.
>> I.
[1:00:14] » Thank you all.
>> Thank you guys.
[1:00:23] » I don't get it. Must get paid. He
doesn't want to do the work.