Good evening ladies and gentlemen. Welcome to the Thursday, October 9th, regularly scheduled meeting in the experts in council which had all of you being here. If you will at this point, please stand and join me in the moment of silent meditation I invite you to pray in little bit of the same thing. Thank you. I'm going to wait for the waitings to do the fly in the United States of America and to the Republic for which it stands. One nation under our own, the indivisible, the liberty and justice are all. Thank you. We have tonight, we have in our, I have advertised, again, gender item regarding the hotel property. I know one out of the moral road. The public health agency. And I'll tell you right up front that has... That no one has been abated. We will not be hearing that case tonight. So if you are here for that case, this will be a good time to leave leave unless you're particularly interested in something else that we're going to talk about. Council on the item 4 on the consent agenda. Is there any item only consent agenda that you'd like to remove for individual discussion? If not, then I'll entertain a motion to accept the consent agenda as presented. And then the motion to accept the consent agenda as a percentage? I have a motion from Councilwoman Carter. May I have a second from Councilwoman Carter. May I have a second? Second. Second from Councilwoman Burke's. Any discussion? All the players say aye. All the hoes, motion carries, and then you, so later on, all the judges are up to, on item number three, you got to go in the left to face the use for me. That was the first place. You can't see what happens to me here. Okay. Sorry, I had no time to say it. All in place, we had a special use permit advertised, and there's a sign on the property down sunset. That has been withdrawn. Sorry, I made one announcement, and I forgot the other. That has been withdrawn. We will not be hearing any ask from the right. All in place townhouses on sunset evidence. Item 5. We have Mr. Rob Stone and Mr. Jeff Loughlin here tonight from North Carolina DOT, Department of Transportation. And I think Mr. Loughlin will to see how it's going to work. I'm going to be going to be a little bit on the last floor. I'm going to draw my thumb, my belly's going to be a research of bitching around and a couple of other thoughts and then as a chance the chance to ask questions in the beginning. Just to review of the designs and the details of ask-a-bought facts about the bill, and be a full-length divided facility on view of the issues from the worst of ask-a-broom and the worst of road to East of Ask-a-broom year of the Old Blue Meas press run. It'll be a distance from a prognical being from six miles. And a two-way facility in Conrad, on the new location from state-of-the-fall road to these new entrants for a, about one or eight months. Purpose of project business, to improve project flow, and that was a service on US64. There's the Jesdom on US64, and it adds the original problem on US64. It is an interstate portal, and also it will improve access to the most guys are left behind. The design will be a four-lane divided freeway with controlled access, with four in six foot maintenance. And the design will be the same as an hour to enter state of St. Louis. The blue commander will be at tonight's facility with a 60-hour-hour-hour-hour-hour-hour-hour-hour-hour-hour-hour-hour-hour-hour-hour-hour-hour-hour-hour-hour-hour-hour-hour-hour-hour-hour-hour-hour-hour-hour-hour-hour-hour-hour-hour-hour-hour-hour-hour-hour-hour-hour-hour-hour-hour-hour-hour-hour-hour-hour-hour- the intercession 49th, the intercession of the US-218, I-7374. The same director, DC-42, and Eastern Down Gear, problem in the end. The schedule, when I requested qualifications the bidders on August 15th. We had eight teams that were flying and we reviewed those proposals and the October 4th were released in short We shortly have four teams. We're doing that one level. We're in Green's where we've been in lots of detail, lots of good, a lot of work. Coming up in January, we will take the technical proposals and see what we have been priced price they will be stored in the lane and the teams will each give a technical presentation on the aspects of their design what special about their design and some details of the project not complete to design. Then the price proposes the over on February 16th and the technical store times the price will give us the best value for the project and that will be a selected design built in. We anticipate the process to be awarded after next floor of transportation meeting after that. And for Kelsitz, a lot of to design middle-aged, we don't know exactly the rest of the schedule, but we think it will take about a year to complete the design phase, almost a year before they will start applying right away. There could be some areas where they want to concentrate on and start on that will be negotiated with the design of the appeal table. We anticipate it to be late point item. Question. Only two access. You know, there's been some concern about the redesign around the belt and whatnot. That's still what it is for post. We have met with those citizens there around 15,000,000 citizens with an intense amount where we're at, where we're laying on the existing 159. At 60 miles an hour, I believe you're, you're a graphic shot. Yeah well that's not what I was talking about. I've never been to you before we opened it. So that could be a roundout because we were in some kind of fast-thick-thick moment. That is the size of it. That's not necessarily what we were supposed to be. I'm going to I'm sorry. on the crazy drive so they can actually get back and get the fable screen without going out on the bike. I actually turned around and said, wait, what's happening to me now? So the other side of the show where it says, the super screen design, be able to get down and make the new turn and head back into the street. Our design is completely, as the utility comes ladies, something still is on, just by way, and just by all the people that have been led in February of the mid-term. I want to thank you guys locally for making that work. I understand there were lots of wailing and gnashing of teeth over the cost and the designs and you guys stepped up and made that happen so thank you that was very very necessary to all the people that work up there. Well it did finally get resurfaced high enough where you could just drive over to meet you. I know. I know. I know. I know. I know. You didn't do that. You didn't do that. You didn't do that. You didn't do that. You didn't do that. You didn't do that. You didn't do that. You didn't do that. You didn't do that. You didn't do that. You didn't do that. And then we're also by a connector with a new Atlanta 2US64. The Atlanta Mac project is also bleeding. We're not acquiring all the wrong ideas. And there are some utility conflicts. It's a word on the way that this fall, we're going to push it back to February of the owners and told them that it was drawing their offer because they'd offered too much? I got put on the spot. I've never heard telling that before so I didn't know if it was even just made up or not. There's a re-advice. There a re-advice where it's made for us. Research and mix and dry along the office panel, over there on Halloween. We have left this rocket to the research mix and dry from the many racing single limits all the way through town. I was in the year of Soul District. And A back is a contractor which is based in the point four is a point 15. And the plan to start in early spring and the world will be done at night, the point hours of 8pm, 6pm. We plan to mill off the surface of the air and I'll do it back down level with the permigunner and a lot of running and back out of the angle I'm sitting. Also, thank you for that nighttime work. I know that wasn't the original planion and last time it was work done out there and at that time it was a real nightmare so I wanted to point out to the people in attendance that that is a compromise and a real benefit that DOT was able to accommodate. Thank you. Yes, here at the field. He's a good track, not in America. There's so much traffic. There's no good time. There's no good time. No. What do you go, we route on Salvera? We went on track around on the five lanes there a lot of time. We were doing some deep treatment repair at the intersection at the high school there and another intersection that we have to close the road and be sure that we're at high. Most of the time we've just been moving around. I'm trying to maintain two lanes of traffic at night. Moving around on existing five lanes. We'll also be in the research center, we'll out in the road. Sometimes during that period, we've been down to the point four. And these bridge will reach out to bridge deck on three bridges over the interstate, in the 374. They will download the Solve Bridge Street. And, um, I'll just see what the other bridge is. Yeah. So that might ask anybody new vibes to traffic, but it's all very street group because of the alarm affair and since then it would be a very long term meeting on a night call. So the only questions, contact anyone else, do you have any questions now about the end of the day? This is good information for us. We have constantly have people, citizens asking, well what are they doing about my crew? What's going to happen here and what's going to happen there? So briefing us, letting us know at least something we can pass on is good. Thank you for being here. I get more questions about the microd and I do the botbacks. The connect really, really good. And we appreciate the work at the OP. So the relationship we have with you guys here in the local office and in the district office, division office, I'm sorry. So thank you. Appreciate both of you being here. Yeah, both of these gentlemen are, they participated in our field meeting, and we appreciate that too. Thank you. Mr. Leonard, I understand you have a resolution authorizing the City the section of sidewalks for connective. As you can see on the screen from Dolemn Road to the exact way from feedback jacks, holiday and the riot. Originally we had intended on using funding that has been offered for both states. We ended up using a different source for that. So this allows us to use this money itself to get to $20,000 in price as much as $18,000. But, anyway, what's the, uh, the renovation remodeling of kickback jacks did that not trigger a, uh, that's how it went. Okay. Well, it's certainly an area we need. We have a lot of pedestrian traffic from the hotels back there in executive way up to the grocery store or the drug stores and across to Golden Corral and I hop So yeah, that's very necessary. Oh Are there any questions? Okay. Each have a copy of the resolution in your packet. I'll entertain the motion to approve by reference. I'll move the motion by Councilman Bill. Do I have a second? Second. Second. Councilman Baker. Any discussion? All the papers say aye. Aye. All opposed. Thank you, motion carries. Item 6. Mr. No What was that? So six a's only case RZ for 10 days early. Legislative zone hearing application filed by Richard to resolve property. Okay, two 17 look on highway 49 South from B2 to I1. Yes sir. Thank you very much. Again, I was from MINDOZ and the audience. And you have a sign in, both up here, as Quaker speaking at the podium, see if they find you clearly like their names. So it's been clerked and probably spelled those from within minutes. And I need to open the public here, for Christmas. Thank you. This is an application from Richard Lydell for probably two months at the moment. I'm highly hopeful to not announce that. It is a request to reason for the G2 at General Commercial Team to file and lighten the industrial. I apologize to the state of the quarters of Asia The request to resume from Dean Chen, I general commercial team, Idle and Light Industrial, I'll be sized the three quarters of nature on one panel county, also I'd be involved in the request. Currently there is a time of day-to-day facility in the solar district and operating system. This map is an ideal where the property falls within the city of Cisnawe, 49 South here, and Marlrede, the other side of the bridge, the University of Fort Worth, the location here in Sherwood, as a new one. Once you get to a recartal south of the South, you probably have one in red, you know, without the city. to a repartial south of the sub-group. So if you're probably going to have one in red, you do that in six. This looms in a little closer on the city as that truck getting idea to zoning that surrounding the property well to land use is, again, this is within a pretty large area of LGBTQ generals, commercial, zoning, you can't see it with a little, that'll save the park and begin its dislocation. here at the DQ General's Commercial Zoning. He can't see it with a little statement of Park N beginning to this location and there's some old, R10 Zoning there that I think just has a change over in this location here, or the multi-familial residential district and also development, I think. But surrounding these subject property, we do have commercial warehousing uses to the north. They're like 50 degrees from the south. They're all, they're the same thing, residential properties, at least one of the west. But again, that property is owned using commercial incentives, they're not owned residential. Not much of a level order being provided I'm not very, I'm talking about these very flat, through the area, that they saw at least, and that I'm going to see a very steady occurring around the property of the property of the property. Today, I just need to put some photos of the views from how it would be behind the message of the property, which is in this location and also it stands out from that road a little way. This is really the rest of the property that's seen from that road. See, there is a fence in place. This is Highway 49 South Location North East, back towards the city. Highway 49 looking to South West. We do have a shot of South, back to North West, away from Southern front. And then we'll turn around looking back towards the intersection. This is one of the projects Mr. Walthon discussed. This is a property will be impacted by some of the right way acquisition for the macrame traffic. The term analysis on the request, this is probably, I said that since I'm a single member of the CCC Services, there's any more in the fine-to-body industry which is a request of district. I have one in kind of a new series from manufacturing process and assembly commercial uses, distribution, and what are controlled by women standards and women in the effect of such uses within the district, against the light or of our three industrial conditions. Again, the area doesn't put a mix of uses, including commercial, residential, some of those uses, scattered along the 49, as I said, the agreements from that red fluid have brought the vacuum-equering real-time and the insulation traffic signals at the intersection. I think it's a number of the point out that the real history on this property indicates that it has been used for a gas station motor vehicle sales as well as vehicle towing and storage in the past. The city amended its zoning ordinance in 2008 to specify the storage yards for vehicle towing facilities must be located in an I-1 or I-2 zone district so that code was changed at that time which is one of the reasons this request is for you to see previous 2008 the use that you see with was permitted. I didn't even want to answer this. It is a general I-1 zone district so to prevent it in the island district and it could be developed on the property if it replaces the bridge. The term people sitting here are the point of interest in guidance. It is an area of primary and secondary areas that are made using that right now. It is an area of development on the property. And looking at the planes and the goals of policies, there were five rolling policies that were supported, both were close and one that was negative. Overall, with the staff and the plane board, you're making a rule of the LBC, as I said, it resonates properly for commercial use, with the surrounding area, including the mix of industrial and commercial uses. Land uses along highly 49, south or not. Primarily industrial but zoning has been a scientific properties in the area to accommodate those properties that have some historically can use industrial. I think this is one that falls between my category. Therefore, as I said, staff and planning board both present to you with a terrible recommendation considering the factors I went over, we do believe the request is consistent with the city's land development plan as reasonable a reasonable designation for a problem. Just as your monitor, moreso for me in the year, if you would just please consider the laws, the state laws for harm to adopt some sort of consistency statements with your deliberations or see them and we presented that in your report to the current hours you can feel free to use all of this. Thank you, Mayor. Thank you, Mr. Novel. Other any questions, so for staff regarding this request? Is the existing use not the property pound? Is it not a component? Is that what you're saying? That's right. But there's just a component, so what they're using at home? Correct. I'm just thinking of how it looks out there. It's not even compliant. So it's not a top factor. Well since when was not here, I figured, you know, and I must go into a rest in peace. It was a long time dear friend of mine can ask, you know, not bad. I think when was spent probably a day of lunch on this. Oh, exactly what you're just describing. I just had that. I mean, I think Don had a rollback. I mean, perhaps, you know, I don't know how that continuity goes between existing non-conforming and Don was there, I our thing before the room change. Yes. You use MS, you know, in the same place, but the dam of the updated improvement enforcement where it was the fence around the bike. So they went, I just, I had those questions, I guess we'll hear from that, because they went out to the room. Okay. This, this is a public hearing, is anyone in the room that would like to address the council regarding this request? You'll need to sign the book. And Mr. Nuddle indicated earlier the purpose of signing the book is so we can get it. I'm named if we don't understand it all the time. And then proper spelling. Thank you sir. Mr. Mayor, I'm sorry. Thank you. Mr. Mayor, I'm sorry. Mayor, I'm sorry. Mayor, I'm sorry. Mayor, I'm sorry. Mayor, I'm sorry. Mayor, I'm sorry. Mayor, I'm sorry. Mayor, I'm sorry. Mayor, I'm sorry. So, the rest of the time you've been here, and also the rest of the time you've been here, and also the rest of the time you've been here, and also the rest of the time you've been here, and also the rest of the time you've been here, and also the rest of the time you've been here, and also the rest of the time you've been here, and also the rest of the time you've been here, and also the rest of the time you've been here, and you give us your name please. Thank you Mr. Leneer. All right thank you. All right I'm the any questions of Mr. Leneer. There's a lot of us that given the way that the platform they've no point in me starting out and Jack damaged it. I would play it that way but I And the valesystem, you're on the list. This is strictly in front of you as far as the part of the use is created in request to district to court for the location. OK. I think what they do is, can I put the order to the existing screaming that is, is that in compliance with the, yes, do you believe the financing that is opposing their available storage area does meet the importance of requirement? Should this request be approved to see anything that happened before into the next phases of permitting and reducing the city, but with respect to that specific issue, I didn't believe it's largely not tiring to find. So the reminder of the road frontage, well 49 and MacRade, there's no screening of I won't care. I don't want to mess with an area that is quite what he's identified as an area of the shield. Correct. What we just discussed with DOT with this epony impact on our DOT plans for my crew. I don't believe so. The epony may be able to see further than that from reviewing the plans that I've seen there's probably 10, 15-d of an issue. To light away that they will be watering on the western side of that bridge, does it look like it's going to impact the structures or areas that are actually being used on property floors? And your address is on my contact, as you say, has a relation to the story because of vehicles that have to be passed by. Yes, it is. There's something so much. The Horry Park, the tow truck, the record, or anything else does not. That's, I think traditionally we have been more flexible than the actual vehicles that are engaged in that business. Yes, I expect the vehicles that are permanently saved there and not moving on a regular basis, they need me screen. Thank you. Mr. Lider do you expect to speak tonight? Thank you, Mr. Lydon. And, nice to meet you. Everything that you see is staying the same. The state has purchased quite a bit of their ride away, that they will be taking when they do their road to the wall of the bank. Anything that you currently see, whether that's making a lot of a smoke, being able to harm it, that you currently see, whether that's making a lot of them small. Being able to harm it, get there any longer than I absolutely have to keep them up. By state, if they're not picked up by people, have to be in tow, then I have to follow papers to do some paperwork. As quick as I can get paperwork back, move them out. My tow trucks do stay out front. Basically, I have to keep two up there. Other than that, there's another road out front over there. One to say. Any questions? Questions? I will say that, I hope you'll keep keep a little better safe than he's been over the last few years but and I'm sure you will. Good. Thank you. Is anyone else that would like to speak to the council regarding this request? Questions? Yes, ma'am. I have a question from the best office because that is an interest to the city of Asheville, especially, you know, how we're going on. And, um, we have a huge difference in that. So that's always, when I think of that property, guys don't have good thoughts. At all. You have an opportunity to change that, right? Yes. You know, a lot of work has been done investment when it's been at the next intersection down both point down there, you know, over shopping center, you know, hoping to do something, I guess, with the hand-bending. I mean, things like that, a lot of sail down there, you know, and that. So, we've got a new eventually, I guess, if they will get the mind made up right, they'll be a stop-lock aircraft man rather than being in front of the long term. That's going to create a very, very popular, old thing, you know, an intersection. You know, as you come right into town. And I'm concerned that we are looking at an opportunity wasted to clean up your sentence to our panel that this may not be exactly what I'm looking for. You know, as our emphasis is. I'm sure that I feel better, you know, I'm not against necessarily the man having a touch of business there. I am concerned about having zero control over what that zoning, number of protection or what that's on a of protection, or what that zone is allowed, you know, is I am babbling down the path of like in a conditional use due to this change in a much more intensive zone. It's not that I don't think a toll in the recovery business could be appropriate there. I don't know if I have a problem with that. But I did agree with everything. When will go out there and don't call me? Look how time, you know. Oh gosh, it was just, it was on going. And I'm not trying to paint these folks with that brush. But it is a very visible side. And I don't know that for what we're trying to accomplish in the current trend that a straight industrial zoning is appropriate here. We will never potentially have another opportunity to clean this up and get it to look at something. And I think that's, and I'm not proposing to my mind, a giant hardship, probably some time, but he's still operating nobody's victim running mile, I mean there's not a practical matter here, but I just think some additional buffering and apparent standards could make this palatable to me that I certainly will not gonna get if we just give this away, or for sure. That's a concern of mine, I know, let's all get rid of me. It is mine. Like you said, this is the time to make that happen, especially, I mean. The standards we hold so many others too. And this is to me again, coming into the city of Ashbur from Charlotte. I hope so. First, my ignorance and asked, do you have conditional use for industrial use? You have an in-zone problem if I'm wrong. Okay, Mr. You know, it's a loaded with lengthy process for the applicant But I don't think he'd buy a signature town. Oh no, we're gonna shut him down ready my town to can't operate his business Anything about sort and I and I My baby wrong, but I don't think we're talking about things that would be over Sure, and some financial hardship, but it was certainly comfort me to know what I was getting I heard some financial hardship, but it was certainly comfort me to know what I was getting. I'm having a real hard time with this as an industrial corner, especially knowing what that stoplight's gonna bring to it and what has gone on on the other side of it. Mr. Noodle, would you put the screen back up there with the... What you want to say is a reason. What you want to say is a reason. You might be saying, I don't need to come into my room. I sure will. I'll try to make sure I'm going to live with you. Can you put it there? Can you read it? So back here, a little bit from here. Any further discussion? Mr. Suggles, this is relatively new a new process here in this particular thing is there's two actions You can't be too specific actions. You have to be taken by the council You're allowed to make one motion that covers both actions the reason screen is up the way it is now The reason the screen is up to where it is now, the great question is to emphasize that the courts have in specific the council has to sign off all both decisions. I say you do in one motion, for example, not advocating, just for example, if you get with the staff recommendation, which is not consistent, it's just that you need to do that all in one motion. I see you move to the nine. You can certainly make the motions to the nine areas on the request. At the same time, you make that motion. Artificulates the reason for us for what you think is you disagree with the staff's analysis. And make it doesn't complicate the land of the plant during the rationale. You do that all at one time. What's your point here for further? as a point of procedure. I mean, I think well in the outcome, if it were approved, you know, what to do next. If I assume there are always, at this point, two or three other options, I suppose. But one option would be, the applicant could take this. It's just, it's just pulling. It's just pulling. It's just pulling. It's just pulling. It's just pulling. It's just pulling. It's just pulling. It's just pulling. It's just pulling. It's just pulling. It's just pulling. It's just pulling. It's just pulling. It's just pulling. If the applicant were to think that they wanted to consider a conditional use, would that be a amendment to this request or would that be a separate and new request? The reason I asked this is that this would get turned down would a conditional use request prohibit him in any time frame of coming back to us. I would be back to being mindful of the invitation. That would be a different request than what you had in front of you. So they could come straight back if they could. If for any reason this failed tonight, they could come straight back with that request. And it's right. And they could not ask for tonight, with us. It's not been advertised. It's not been advertised. And we're importantly misguided. Ornans simply says, because the Ornans try to avoid any appearance of pressuring someone to go into the use. It has to be a request that is submitted so it is not. So there at no time risk letting the vote fall where it may. To bring a secondary action they will end to take. They on this particular request would not stop them if you deny or coming back immediately in the mind. We're coming back to my genius. This is the best thing. See, see, see, see, see, see, see, see, see, see, see, see, see, see, see, see, see, see, see, see, see, see, see, see, see, see, see, see, see, see, see, see, see, see, see, see, see, see, see, see, see, see, see, see, see, see, see, see, see, see which really adds nothing to this either way. If they can't change it. They can't lay a man if they continue. Can they amend their request? If they continue, they can certainly submit a request to a man who just has to be done in writing and give them time to think about it and analyze it. We never, we cannot accept it tonight, because then it'll be a huge advantage. And the only difference would be that being a zoning history on the property at that point. Well, they did that as plus or minus or in different ways. I'll leave that up. No, that's not like that. I have a problem on the field. And we have enough time to advertise again, to let people know what is going on with this. The mayor has to be another fee involved. It will continue to be an app patient-mandated. And I don't believe there would be another fee if it continued, if the matter were denied, and it would be sorry back then, but it was an excuse. But in the meantime, that kind of existed non-conforming and continued operate, as long as we still are talking about this. It would be the position to be known force and action taken as long as the council is dealing with this situation. I'm not sure if I can take them as long as the council is dealing with this situation. Yes, sir. The question, and the netty of the fits, not appropriate, then don't answer it. What are some of the conditions we might think about? Some of these talk about later. Okay, so the question is, what are the ways that you do it? Yeah, the whole issue right now is this particular application. Do we have the request? Unless he wants to withdraw it. Sir, you understand what we're talking about. You certainly might as well ask him. In fact, I'm sure it don't sound like it. I've got a question too as well. In 2008, when the city adopted this as a new zoning district, this property prior to that was a light industrial. And at no fault of the property owner, nor Mr. Lieta, this property got dropped by the city, not so much by the current zoning and as a result of that, it was a great property and would that not carry through? And is it not the fault of the city that it got dropped versus the applicant? This property has been a light industrial property and a towing storage per se. As situations change, as the city grows and develops outward, we update our land use plan periodically to accommodate those types of things. What might have been an old days acceptable can reach a point where it's not acceptable anymore and that's why we update the plan. I don't know if that's an answer to your question but that's the best answer I've got. I agree and understand that but the property itself had this usage prior to and at no fall of the landowner nor the current tenant. It got changed without any input from this particular current user and it was a towing in storage before but all of a sudden now it is and after L8. Who operated the towing in storage before? The refresh mode. The dog hasn't gone there. The tiger's share had gone there. The dog did towing in storage as well. And that's my question. It got dropped. Bobbi Agnes, share head one there. Don did to any stories as well. And that's my question. It got dropped. I agree, Bobbi Agnes had it as an accessory use. Don, I never forget, for the audio he was doing the tolling, I'm not trying to be coy with you, you did have a rollback hood on him. I mean, whether it was C-doze or whether it was all my bills, it was right there with a roll like that. That's my question is is it he was out of compliance with so much other stuff Okay, I would say that's the medicine valid inquiry The plan for sure Okay, if I could it wasn't the actual zoning this or the change it was It was language and your zoning ordinance that removed the vehicle telling the story as a permitted activity. The property has been being treated previously, the name of being treated, heard, but it was the tax of your ordinance that changed what can occur in the BT district. We have research history, the property, at least in our files, what we had last permitted in the business license that we issued for was but the same with the finance motor vehicle sales. And so that's why I bought previously a made-up principle towing activity occurring there. After that was a motor vehicle sales to current city and issue, which is why going back to vehicle towing and so forth, I'll share. And so you're saying that the other vehicle towing and storage was removed from B2, or B2 ordnance as a permitted use? And I don't say if, and I don't, I don't know who would be best, best qualified to do the research. If the existing use is grandfathered, I mean if it was operating continually without stopping whatever the rules are, you know, and the particular activity was taken out of ones only putting it in another, I would agree that that would be grandfather. I can't answer that. I cannot answer that history. If that needs to be looked at, it might or needs to be continued or tabled to respond to that, I think. That's a relative question, I'd say. Grandfather only affects a continuing operation, right? It has to be legally existing at the time, and there are specific, there's a whole article of this only warning talking about whether something is illegal, not conforming use or not. Your permission, I would just like to observe that the request in front of you is for an illegal infection, specific uses are prohibited under designing ordinance from being discussed, or it's what someone's planning to do on the law, you know, the excessive and less. It's a conditional use for application. The whole thing is from Alice original zoning district. This thing becomes actually already uses that are allowed in that I want this year for perfect additional property or not. Irrespective. Which my original question, let me get back to that, maybe, and get you back on chart. Does the property have an existing use that's out of compliance or non-conforming? I asked that one for started, and I thought that was rough. The reason I would say it's not appropriate to get into here is because it's not about a specific use, or whether it's about what's going on or not. Not what I would want to know. The issue is, it appears that there isn't from what I have heard on the testimony, there are different opinions about that. There's been some testimony about it being vehicles towing and storage. There's been an explanation given by the planning director that that's not necessarily the view of adjustment. For them to make a determination about the application of the zoning ordinance, what is going on now and what is going on in the past is telling us for us only to the extent it gives end to the analysis, like surrounding uses, the historical uses, and it occurred there in the past is telling us for us only to the extent it gives into the analysis like surrounding uses, the historical uses that have occurred there do you think this is consistent with the land development plan or not if it gets into an island zone district. the question of what a gun or a passport was a conflinder, a ring, whatever, that goes to the board of the adjustment and get back right mad. No matter what outcome is it this far? Right. If the question is, they get this done and still want to do that there. The question would become, the question becomes that there is an allegation as far as it does a determination need to be made by the SONIC Administrator about their status, that particular ease and is going forward. The SONIC Administrator have to make a determination, if there is a disagreement about the SONIC Administrator's determination, that would have to be heard in the quiz at additional proceeding in front of the board of the just one for them to decide about that. And one would presume we would not be here now had that occurred. I would make that... I would not make that happen. I mean, I think the reason I would say that I wouldn't make that emphasis because it's going to be an effort application. Well, we've got different internships. We've had two different answers given, and said based on what the information that you've received, the applicant apparently hasn't felt the need to get it to the route. The board is addressing it. Let's look at it, Sasswell. I'm hesitant that we're making it happen. Okay. I understand the order of your card in horse now. Okay. I followed that. All right. So we have one question here. Is this appropriate to wait? I want. And for all the uses that they can and all the uses that that following that category and whatever the basis of your statement has. That's the council's question. Or is I've got a question that's rare. On a light industrial year you start with any cosmetic or fancy conditions and all that can be imposed or applied under. the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of Okay, what are they right now? I mean... The standard zoning alarm is as it relates to minimal parking, you know, screening of certain activities that may be occurring. I'm talking more cosmetic use. That's what everybody's concerned about as far as when it arrived in the town. Well, obviously the city has some landscaping standards that are triggered of certainly that's a curve. You know, in this specific case, it's a way to, it's kind of, it's going to be seen, but opportunities may be there to let it in that way, the project is true. The board has provided some relief at right way acquisition. It takes up some problems. We can't control what DOT does, though. That's right. That's correct. That's correct, right. I mean, We can't control what DOT is there Well, we have one question before us and we need to answer that question. If anybody's prepared I will entertain the motion. To answer that question. I guess Mayor Aziz presented that one move into the West people's eyes for Australia and John. Oh, just a minute. Put your hold back up for a minute. Good. Withdraw that. Yes, and you just perfectly fine from what I've been doing at first and then involved with the second part of explaining what the actual existence is. Well, now I just have something I'd like to say to the audience. You understand what we're talking about here. We're talking about a concern about the appearance of this property on one of our thoroughfares, main entrance to Halton. We have discussed the options. Being, you can withdraw. You can continue and come back next month with a condition of use if you are so inclined to do that or you can take your chances with what the council will do. May I walk today? I'm giving you an opportunity to hear. Let's continue it. And you give some serious consideration to amending your request. Mr. Noto will work with you on that. Everybody comfortable. And if there's any procedure that needs to be exposed about about whatever is existing or not existing or there's anything that might have been thought to begin with that. I will entertain a motion to continue this request. I'm withdraw. I never I... We didn't have a second. It was never a second, so I would withdraw one. And I would move the continued matter for the next discussion. I have a motion to approve the request for continuance. Do I have a second? Second. Second, Ms. Carter, motion by Mr. Bail. In your discussion, all of the papers say aye. All opposed. Motion carries. Sir, you are continued until the next month. You can come back with the same request. You can amend your request. You can withdraw it. Mr. No, it will work with you on any options that you see fit. What we did in I allows you to amend this with no additional fee. Mr. Mayor, if I may follow up on Council and the comments, I believe that would also the Council will probably be amenable to entertaining your request. If those discussions with the staff end up requiring a trip to the Board of Adjustment, how's the state they'd be willing to give that process time so I'm driving next to this issue? And so it's a whole matter of all. So we're not trying to talk to you or give you a difficult time. We are concerned about the appropriate use for this property as it relates to the entrance and the appearance of our community. It's a problem in the past. It was a gas station. You know, gas station is just a fit almost anywhere and over the years it's been up and down. So you may not fail this way. I think we just did you a favor. Okay, thanks sir. The plan is six b's, subdivision, S U B, 12-0-1, plan approval for whole town buildings, including public fireway on whole town parkways to allow recordation of a lot, 52 in the development. It's the no. I'm sorry. This is a request for a final. In my approval for a phase of second bill panel, and real time development, that thing is the owner here on the bank. You see the current zone in the long stream, you see more than the area involved in the long stream. That's the second bill. That's the second bill. There are two things occurring with this request. One is to record a lot 52. And also to a pretty big second. There's a lot of play currently in our system. It just occurred to me that the health will be good. Actually, you see the play will be good. That lot looks lonely down there. Don't not like the invasion of chocolate. That's what hopefully you'll be here with me in your eyes. You're throwing the one in the first tank, Eric. You'll make sure you get a parking brake. That's what I'm looking for. Oh yeah, that's that part. Take a look at the plate. So I'll go ahead and turn it. I'll go ahead and take a look at the plate. Okay, on this question, see again, it's at the end of the whole four-way. That winded red here. Here's the extension of the right-of-way, as well as lock 52, which is really on the new side for the other way. This is here, and then we'll So, this is the end of the year. We have the first three thousand pen, I'm sure you will come up this on today. I've been a lot of work this time on out there. I was going out and should take this on your flat. Part of the request is evening, includes the establishment of the temporary term and the easement of a loud, but city vehicles and other vehicles here navigate this terminus that is right away there. So that is in the warrants and being completed. Chittaker, very soon. So, all of the warrants, engineering, art, and all city, and KGC's have reviewed this plan. The infrastructure for the development doesn't need to be installed in energy. And we need to have received a financial guarantee on how some experiments are involved with this portion of the report, as I said, temporary turnaround is being installed. Other works look at that today and it is moving forward. So our recommendation to you this evening is to approve this flat subject to substantial completion of that management and the administrative services and the rules that are approved by the government. Thank you. Any questions? I'm going to entertain a motion to a priest. I'm going to entertain a motion to a priest. That's a bunch of people. I'm going to make a couple of four years. Do I have a second? Second. Part of the first. That's okay. I'm going to have one hand. I'll get to that. They'll make you a PB. I'm very fine. Any discussion? All of a favor say aye. All opposed. Thank you, motion carries. And, let's see here item 6A Mr. Nuddle will update us on the 2014-2015 state community development grant program and we'll open the public hearing. The purpose of this agenda is to put the City of Amazement to submit more applications for CDBG funding. Should the City decide the third is a project that's for pursuing it. There are several programs involved with CDBG and different funds that can be requested. At this point, we anticipate that there may be a program area that focuses on expanding it on the Junity for Ash for Assistance as one area that we may want to pursue. As I said, there's a wide variety of development activities that could be eligible for that. They include projects that promote the creation of the retention of jobs, and using income levels for the citizens, providing low-income employment opportunities for all persons below in our case. In this specific arena of seating and seating sites, they're all not only crowded, but also a huge stretch project. Any application for CMEG assistance in the show, that's 26% of the funds proposed for each activity will benefit low-moderate income persons. Tonight's hearing will be allowed citizens at input on any identification of economic needs, desire, economic development activities, any input that's received to your scene that will be incorporated into consideration and sufficient of any application to the state department and the Congress. I'll note that after tonight's hearing should the city decide to move forward on any target that would be an additional level of hearing to talk about specific projects and details. Thank you. Any questions? Anyone in the audience tonight that would like to address the council during the public hearing part of this process related to Communicate Development, block grant program or possible applications Hearing none I will close the public hearing And we will move on to item 6D. Mr. Nott was going to give us an update on a report on the proposed process to update the 2020 land development plan. I didn't want to let the council live a defending effort to update the map of the events of the city's land development plan of 2020 and the development plan. This plan is as per a sufficient document that provides the city's expectations and vision related to the land development in growth. It's an important document that to be developed in addition uses to review applications such as resigning to some of these subdivisions. But it's also helpful as we think about things that we should be doing to encourage economic development or protect environment as well as providing recreational opportunities for the citizens. All those features of interest that the city has are contained in our way to the plan. If you look at the LVD itself consists of city history as well as written goals and objectives that I've recently talked about during the presentation reviews. There are also numerous maps that provide everything from speech live locations to transfer transportation projects that would be important. As I've already known, the land development plan was first adopted in 2000, the city under one of the eight update to the text of the land development plan, which was adopted in 2009. And now that they look specifically at the finding goals and objectives to reflect the change of conditions from 2000 to 2009. What we're getting ready to begin will be a poor Larry update to the plan, which looks at the map elements to bring back component of the plan current. And I hope so we can continue to use this plan until it's the end of its usual life, which was supposed to be 20 points. So I think if we can get through it up there, the match and the identifiers that have changed since it was originally adopted, I think that was a plan to continue service welfare for the next five years. So then you can get into to probably a bigger update around 30 years. So we do want to let you know, obviously, the important for you to have this bit on this process, there will be opportunities for public to learn about this effort by comments, but for the beginning phase of this, likely be some neighborhood meetings with smaller GF Flare as a city targeting those areas that have seen the most change from 2000 to 2000 or the so we can get specific input on the interest of needs of those folks and then obviously we'll have meetings for Canada that process. I think this will take probably eight to twelve months to do it right and that's the time frame that we're looking at so we just did want to make you worry probably start seeing some some publications related to this effort in the next 30 months or so. Chair, the boarder must be looking at this over 20 years and we'll put it changed in the 20 year time span. Are they kept in that back now? I know a lot of people are on budget forecasting different things, but are they kept in that down to like 10 years? I think there's a wide range of time frames that jurisdictions are using in 20 years, as I think by now, the play out of the ordinary for what folks have done, you would see some of the shortest and, for some words, in the 10 to 20 years, or technically appropriate time frames. And obviously, if you go through this process and please drastically change the council's analysis and I'll direct it to you in a new effort to bring it more. Okay, questions. Thank you, sir. You said you worked tonight. Thank you. As I said at the outset, item 7 was caused by judicial hearing for the question whether the public for value in an out-of-world room. It was a public health nuisance. That nuisance has been abated just in the last 24 hours so that will not be discussed. We'll move on to item eight, the public comment period. This is the appointed time for any citizens to address the council on any matters of city business. Is anyone the audience that would like to speak to the council overnight? Okay. to item 9, Mr. Leonard, City Engineer, will present an update on the bid received from Grandstand for Grandstand Revealation at the Grave All Part. Mr. Leonard. I'm showing you this 16th of October. I'm sorry, 16th September. As you can see, the budget for that is $200,000. As you can see, the system plan over four years has received the low-being $429,000. At this time, there think that the oops yet, and this time, I think that's been in the mold for a year, four and more, just off-wall projects, or the hospitality that I've gone, and I think that's the only thing I've got to do is just go back to that next year. In the first question. And here's the main topic we've been taking for the first time. So, I'm going to start with the first question. And here's the first question. We'll be able to ask the members to be ready for the first season. And then, we'll be ready for the first season. And it's safe to say that some of this additional cost overrun was because we were trying to renovate what was on site and involve some careful demolition and preservation of parts and components in order to go back with. So I started to go scratch my feet a better alternative to this. Okay. Any questions? Mr. Leonard? I appreciate all the hard work that City put into this, getting the bid back to the stadium and getting it put out for beds. And you know, you know, the copper head baseball has been notified that they will be selling the same seats they've been selling for the last few years. Thank you. Okay. Council. I'm probably sure, as I mentioned, again, it in the meeting, but I will take this opportunity. We have a new staff person in the room. I'm not interested. The all-know-work Stacy Griffin is our new human resources director. We hired her away from the county. And we are so pleased to have you. I will say that she's been on the job just nine days, and she's up to our eyeballs and alligators. When you have 330 employees, there's always something. And you know, a lot of people mayer that's 330 full-time employees in 20 different departments that work in 10 different locations and we work five different shifts. It's a pretty complex organization. It really is and I don't think many people in the general citizens should understand that. It's 24, 7, 3, 65. We always got people out of the hall. And the failed in doing their job at any hour of the day. Stacy, welcome aboard. I know you hit the ground running. We're excited to have you, and we know you're going to do a great job. I will say that the interim director was in the caries who had been employed had retired from high points and their good job of holding the fourth in the interim. So, you know, well for a board, look forward to working with you. Black wise, that's you. Okay. You all have your league packets in front of you. If you are going to the Sunday evening event, and that is at the Greenwood College same, we'll be,. Same, we'll be driving back and forth. We will have a room at the Curry Center for bathroom breaks and refreshing and relaxing a little bit between events. But if you're going to the Sunday evening event, you will have to go to the Curry Center and get your checking and get your badge through all that. Driving to the call, saying, will probably not be a good idea. They'll charge you big bucks to park. There's another event going on. So, well, we'd like to have a car there. I was hoping to do that. So I could come home when I'd ready to come home. But we're probably going to have to avail ourselves on the showtals back and forth. And we'll have the showtals. They will. They will. They will. They will. They will. They will. They will. They will. They will. They will. They will. They will. They will. They will. Sunday Monday Tuesday. John and I have, well, in the back of the city of Ashbur, I have been invited to attend the Metropolitan Mayor's Coalition Samuel Culfruits in Asheville. We are just under the First Hope for in the metropolitan mayor's coalition. As a 30,000 citizen population threshold, and we are just under that, but we were receiving an invitation to attend their annual meeting this year. So John and I will be going to ask for them to 23rd and 24th to attend the metropolitan mayor's Coalition. That's great to hear. Something we've not been included in and felt like we were getting close. We needed to be included in that. So it's nice to be invited. I'm taking the part, the Cultural Resources event, it's Friday 31st, sunset avenue by Centennial Park. If the weather is good, there will be five, six thousand people downtown for that event. That is the fourth or fifth year for that. And they're a very popular event. We are going to John and I are going to Raleigh-Marx for a Preservation North Carolina Awards where the Mill-Octapartments and the table are both receiving Preservation North Carolina Awards for their project. And that's a pretty big deal. Yeah, that's a big deal. Yeah, that's a big deal. I can't think of anything else. Blue shots at the versus. Blue shots. You know, Dan's giving blue shots. See, you run by and get one anytime. There are business hours. I thought we were only one mayor to mention that. Anybody ask it? You bow as not a waterborne illness. It had a few calls it to our plane. Thank you. Mr. Swayers. Thanks. I appreciate it. It is just so you know, sorry, I overlooked that. That's okay. I feel like I'm extremely family right here, I appreciate it. I'm very honest, just a little bit of shame to have for a call from the police. I'm really sorry. I'm sure a lot of people are thinking. I think we did it. The demolition, we did it. I was standing outside. I'm always amazing. I'm always amazing. I'm always amazing. I'm always amazing. I'm always amazing. I'm always amazing. I'm always amazing. I'm always amazing. I'm always amazing. I'm always amazing. I'm always amazing. I'm always amazing. I'm always amazing. I'm always amazing. I'm always amazing. I'm always amazing. I'm always amazing. I'm always amazing. I and the the the the the the the the the the the the the the the the the the the the the the the the the the the the the the the the the the the the the the the the the the the the the the the the the the the the the the the the the the the the the the the the the the the the the the the the the the the the the the the the the the the the the the the the the the the the the the the closed on the frame for property because that has been closed now and it belongs to the city. I'll have to hold a little bit of now. Yes sir. He's got his stuff out. I just want to give him his insurance. Okay. I've closed it and asked a couple more weeks to remove the lightning and then there's stuff out so I cannot add community change to the war system. There are lots in the building now and in the fall we'll be cutting the trees down there going up to the reason. That's better than making a little more sacrifice to your area. Speaking of projects and good work, I know all of you know that Worth Street was milled and resurfaced all the sidewalks on Worth Street were re-cord. New sidewalks and new pavement on Worth Street, just go to Courthouse, the block there and would fix, do that with Harris down at home straight. We're in the process, okay. There's a covert problem with bottom of the lane, pin with ranch work crosses, work down at the bottom of the hill, that's probably need to fix. But I wanted to say on the worst street resurfacing inside walkin' home, That was done in house. Our guys can do just about anything that they find the time and put their mind to. That was a great project that really, really dressed up that section of our historic downtown and it was in such bad shape. They straighten up some granite curves. They took out a curb cut where there was a driveway at one time and put granite curves stones back in there. We put a handicap spots closer to where they need to be and rely on the parking a little bit and so that's been a good project. And we'll end up with the same number of cases. Part cases. Yes, sir. We managed to make everybody mad just once. Yeah. We actually did most of that at night and weekends. So it wouldn't disrupt the event center, the attorneys, the banks and whatnot. We did some work on a Sunday, unfortunately, during the day on a Sunday that did impact one of the restrooms. And we didn't understand. We really didn't understand how critical their back door was that may know you. We just thought, well, Fayette will streak since it's still open, so they'll come in the front door, but that one, the case, and it was just an inadvertent oversight, but they worked hard. Our guys worked hard. They worked at night, we worked weekends to make sure we did not upset the Apple Car with the people that try to make a living downtown. So, Mr. Baker. Welcome, Mike. Welcome, Stacey. Mr. Burg, so I hope you're recovering. You had rotator cuff surgery. And thanks to everyone who's checked on me. I'm doing fine. I think I actually won the 13th after you had my first follow-up with my surgeon to tell me if I'll be pitching a spring train. But I'm just going, you've already started your therapy and that's, oh yeah, really painful. It hurts my wrist. You don't realize how much your wrist is connected to your shoulder. And that's all they have made to his wrist exercises and my arm hurts. I don't have my breaking balls going to go. Just disseminate it and get know what I am getting over. I hope you will stay up for the landage. I will. I have to throw that ladder at you king. It's not going to fit the climb now. I have to sell you a half a lighter one. I'll try to get it down at the top. Okay, Mr. Hunter, it's good to see you back. Thanks, I appreciate it. Now, I'll mention this, I'm going to give a shout out to our City employees, we keep cracking on them when they deserve it, but the ones that put on the efforts for the City fair, they deserve an extra shout out, worked a deal, and I said, that's the big event that's important and that's a good job for them. Health fair, yes. I was able to attend, but it's a big event that's very important for employees. It really is a good event. Our employees really appreciate and get a lot of benefit out there. I made a new. Thank you. It's good to see you back. First come off. I just don't want to forget that it's good. They do that. They do that. It's or the things that's good, they do it, they do it actually. The job of the play is just come on away. I think we address the right thing, the right way, after 49,000. Thank you all for your hard work. Stay up, thank you. John, I know you all been busy lately. I kept it sweaty, I'm sorry. No, no, no. Y'all have, y'all have really, really been busy. Yesterday was, it was a yesterday. The day before, when he, when he, he was just an incredible day for the police. Okay, this was your act of traffic. Well, to be honest, was that. Somebody get a picture of that? Well, thanks for your work. Pass on our pleasure with the police department. They did a great job downtown with the Paul Feskel and have two face-up great demands to use the name of the police department. Did a good job. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you for being here with us. We will adjourn this meeting. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. We will adjourn this meeting.