Planning Commission - Regular Meeting

Is Carlton is gonna take Carlton. I'm going to be a rebel.

I'd like to call to order the East Point Planning Commission meeting for December 4th, 2025 at 6:59. Carlton, if you could please call the role. Oh, here. I can barely hear you. Mary Hall Rafford here. Wanda Moody here. Kimley Naylor here. Gary Cess here. Alexander Stokes here. Sheila Yulinski. She's excused. Absent. John De

here. Moving on. Can I get an approval of the agenda for the evening? So moved. Second. We have motion and support. If you please call the role. Mary Hall Raford. Yes. Wanda Moody. Yes. Kimley Naylor. Yes. Gary Cec. Yeah. Uh, was that Stokes or Sassic? Sassic. Yes. Alexander Stokes. Yes. Sheila Ulinski. not here. John De Hope

here. Yes. Moving on to the first hearing of the public. You have three minutes to speak. If you are here to speak about something during the public hearings, I would ask that you keep those comments for the public hearing, but if you have something else to say, you have three minutes and the floor is yours. Does anybody wish to be heard? Anybody wish to be heard? We're moving on. Can I get a mo a motion to approve the minutes from November 6, 2025 as well as the November 6, 2025 special meeting? So moved. We have motion. Do we have support? Support. Please call the role. Mary Hall Rafford, yes.

Wanda Moody, yes. Kimley Neller, yes. Gary Cess, yes. Alexander Stokes, I'll abstain since I wasn't here. Sheila Lulinski is absent and John Holt. Yes. Can I get a motion to open the first public hearing? So motion. We have motion. Do we have support? Support. We have motion by Miss Moody. We have support by Miss Rayford. Please call the role. Mary Paul Rafford. Yes. Wanda Moody. Yes. Kimley Neller. Yes. Gary Cess. Yes. Alexander Stokes.

Yes. Sheila Ulinski and John Deol. Yes. Mr. Herbiel, do you want to give a little color on this before we open it up for any comments?

Uh, yes. Thank you, Mr. Chair. Um so this item is a request for special land use approval and um later site plan approval um for the property you see on the screen which is 24700 Gratchet to establish a used vehicle sales um establishment at that property um as it was once used. Um the the zoning ordinance uh requires that used vehicle sales and several other uses if they if there are not special land uses already approved that um when someone is trying to initiate uh or restart the business that they come before you um as this applicant is.

Okay. Does anybody wish to be heard about this project? Anybody wish to be heard? Seeing none, we'll close the first public hearing and then we'll move on. May I have a motion to open the second public hearing? Motion to open second hearing. We have a motion. Do we have support? Support. We have motion by Miss Naylor. We have support by Miss Moody. Please call the role. Mary Rafford, yes. Wanda Moody, yes. Kimley Naylor, yes. Gary Cessich, yes. Alexander Stokes, yes.

And John Deoit, yes. Uh, seeing as that there has been a change to this, I'll take this if that's okay. Um, so the applicants have chosen to work a little closer with the building department. And I'm going to read into the record and then I will actually ask for a motion to table unless anyone else wishes to say something. Uh and we will table this for the January meeting. So this was received on November 28th from Do we mention the resident's name? I think you can.

All right. So this was received from a Michael Andre on November 28th. Uh this was in regards to the uh proposal for Veronic and Beaconsfield. This is Michael Andre at 19171 Veronica responding to the public hearing of 20911 Beaconsfield for the purpose of special land use. I do not wish to see my neighborhood become a multif family residential area removed into this area for the sole purpose of having single family homes. Please do not change or modify the street parking or allow any multifamily residential dwelling buildings. This was from Michael Andre. Um, and I believe we have one more. Yes. This was received on December 2nd from Amaria Bosk. For nearly 20 years, my husband and I have lived at Eastland Woods Manor Condominiums directly across from said property. We oppose the modification of the off streetet park uh provision. This area is a quiet established neighborhood. We have some concerns about parking on Beaconsfield. Beaconsfield often serves as an alternate route when the busy I94 and old 8 mile curve is backed up or when there is traffic accidents. During these frequent events, the traffic on Beaconsfield can be quite constant. Another concern is that the street parking at the proposed address on Beaconsfield is already used as an overflow parking for two condo buildings that were there between Ridgemont Street and Parkside Drive, which is directly across the street. These two condominium buildings house up to 12 residents. And while two parking assign uh assignments are provided, it often happens that Beaconsfield is used for parking on holidays or during parking lot paving or repair. Please reconsider the proposed

special land used for the empty and rather small lot at 20912 Beaconsfield. This was Paul and Marsha Bosek, 1 19501 Ridgemont Street, St. Clair Shores, Michigan 48080. Is there anybody in the public that wishes to be heard? Chairman D Hunt, that should be 20911, not 12. What am I said? One, two. Oh, yes. Thank you. I'm just reading what what the resident has put on your side. I get it.

Okay. Um, does anybody wish to be heard on this project before I ask for it to be tabled? Anybody wish to be heard? Do we need to make another motion to table? Yes, that would be an order and then also state the reason uh for the tableing uh the agenda item and also when the uh matter is going to be tabled to. Okay. So, can I get a motion to table? I'll make a motion that we table the discussion on 20911 Veronica Beaconsfield Beaconsfield I'm sorry on to our January meeting support

and we also need to note that it is because they are working with the building department and have asked for additional time. Yes, we have motion by Mr. Sassic. We have support by Miss Rayford. Please call the role. Mary Rafford, yes. Wanda Moody, yes. Kimley Nail, yes. Gary Cessich, yes. Alexander Stokes, yes. John Dehoy, yes. That item is tabled. Moving on. Can I get a motion to open the public hearing for item C? We have a motion by Miss Moody. Do we have support? Support. We have support by Mr. Sassic. Please call the role. Mary Hford. Yes. Wanda Moody,

yes. Kimley Naylor, yes. Gary Ces, yes. Alexander Stokes, yes. John Dehoy, yes. Mr. Rebel or Mr. Myers, do you want to introduce this topic before we open it up to public?

Uh, yes, Mr. Chair, the um in March, as you know, the city's uh code of ordinances was amended to enable the establishment of adult use recreation adult use recreational marijuana um retailers. The um that the the code of ordinances refers to the licensing process and the process by which the city will assign licenses for these establishments. That ordinance also refers to the zoning ordinance as the regulating ordinance for where they are allowed to be located. Um the zoning ordinance as it currently stands only allows only mentions or allows medical marijuana. Um so this is a set of amendments that is intended to regulate uh adult use marijuana the same way and according to the same buffering restrictions. Um, and from a zoning perspective, regulate them identically. Same parking standards as the city currently regulates medical marijuana establishments. Um, it's a bit of housekeeping to to catch the zoning ordinance up with the decision, the policy decision that the city made.

Okay. So, it's not changing anything. It's just essentially legit legitimizing recreational as opposed to medical. Correct. in specifying that it is subject to those buffering restrictions. And from a zoning from a landscaping perspective, everything that is evaluated in the course of um reviewing a zoning plan, it's subject to those. But short of that, nothing has changed. We haven't tweaked anything and it we are in compliance with Lara and all that good stuff. Correct. I was trying to agree with that last answer. Yes.

All right. Does anybody wish to be heard uh with regards to this topic? Anybody wish to be heard? Seeing none, we will close the third public hearing and we will move on to item A, new business. Mr. Herbiel.

Thank you, Mr. Chair. Um, so as I mentioned, the applicant who is here has uh purchased this property and is interested in establishing a used car um sales facility at 24700 Gratchet. Um the planning commission is being asked to make two decisions today. The first one which we're talking about is special land use. um that is the the commission has the power to recommend approval or denial to city council of a special land use. And a special land use is a um use that is not permitted by right. Um there's some discretionary power uh to ensure that it is appropriate where it is where it has been applied for. Um we provided a review in your packets um of the of our opinion of the special land use standards and how this applies. I think in summary um I can go into any detail about any of the standards but the standards um refer to consistent compatibility with adjacent uses consistency with the master plan um whether the site is served by adequate public facilities. uh this the uses impact on pedestrian and vehicle traffic, whether it protects the health, safety, and welfare of the community from nuisances and whether it's consistent with the zoning ordinance. Um this facility was once used car establishment and um we're not aware of any issues with the operation. Uh the zoning ordinance does have several uh provisions that are intended to more uh effectively separate residential uses from uses that are vehicle oriented like this. Um, as you'll see in the um, site plan review, there are some items that in the plans that you received or the city has received thus far are not quite

there. But, um, we think they're moving in a positive direction. And as as long I think as long as we can come to a zoning ordinance compliant site plan, then the special land use is appropriate and I would say meets all of these standards. But I'm happy to answer any questions about that. Does anybody have any questions for Mr. D reveal? Um, in in our packet, I'm sorry, in our packet, uh, initially it was, um, pointed out that you were asking us to, um, not necessarily approve this tonight, but to let it move forward either with cooperation of administration working with them. Um, I just was wondering is it because of the various loose ends that have not been totally tied up yet?

Yes. Yes. And I can get into details um when we're talking about the site plan, but there are I think loose ends is a good way to put it. Some of them are more significant than others, but since it's reoccupying a an existing facility and the changes that are being made are being made to bring it closer to compliance with the zoning ordinance, um it it's you can sort of you get can get a sense of how it's going to be. So, um as far as special land use, as I said, I think from our perspective, the special land use is appropriate as long as we can come to a compliance site plan. So any any little issues you might have can you believe can be handled administratively?

I believe they can be handled administratively. Um we for the site plan review we provided two motions because it's really your choice. Um whether you'd like to see it again or know that it has been buttoned up. Um I I guess I can say that I think they can be handled administratively, but I'm not I'm getting to know this body and trying to understand what the threshold is that you're comfortable with. Mr. Myers,

if I can add to the simplicity of the question, it's we're we think that if we can pass the special land use, which is out of a pre-existing use of the building, then the uniqueness that needs to be modified according to the new uh site plan ordinance for land use can be administrated between the organization and uh the building department's administration without having to go any further. and then they can be presented. So it sounds like we have a very simple solution here. Very simple in my opinion. But we what he's concerned is making sure that you have the right to review it in detail and and not hand it off to the administrative staff

if you want to. I'm assuming you gentlemen are with this. The only thing I ask is please make it not an eyesore that it is right now. It's horrific. It's been horrific for 30 years. Go to the podium. Yeah, if you wish to. Yeah.

Is the light on the microphone? Yes, it is. Okay. Thank you.

Yep. Sam Thomas working on the project. Um trying to bring this property back up to uh code and and get it opened as a a used auto sales beautiful building. Uh it's got character. Uh even the uh the road sign that you guys saw uh looks like something from Vegas, you know, it's it's of the time I' I'd love to have uh have them keep it. And I guess that's still in the process of hopefully keeping it. Uh, I don't know what uh what else to talk about, but uh if you guys have any questions,

anybody have any questions for the gentleman? Well, you said you want to beautify the the location. What's your thought pattern? How do you want it to look?

Painting painting the building, uh resurfacing the the the asphalt parking, uh trees, landscaping, that sort of stuff. I do have some questions in regards to the trees and the shrubs. I was noticing in the the plan and that too though you were you were proposing fewer trees than what the code actually ordinance I mean uh requires. So, is that being worked out agreeably that they'll either add the additional trees and shrubs or is there something they can do to bypass that? Um, the planning commission has the ability to um wave or modify that requirement if it so chooses. Um in the letter I said that uh the while it's true that they are not providing the entirety of the um of the of the landscaping that would be required if they were building from the ground up. Um I I I don't I I would not argue that it's there or correct yet, but um at least what has been proposed so far would be a significant improvement and bring it very close to compliance. Um, so if there I I think that given if if the character of a if the use of the property is as a used car lot, there's not a lot of lot more room for frontage landscaping. So I think um it's up to the planning commission but if there is a more significant um and more significant deployment of landscaping that it may be appropriate to wave a portion of it.

One final question if I may. The last question I have is is in regards to the back of the property setback. It requires 20 feet, but the paperwork is indicating that it's less than 20 feet. How much less? I'm sorry. How much less than the 20 ft is it? Is it significant? Three and a half ft. Three and a half. Uh Mr. Myers just said it's 3 and 1/2 ft. And again, we're not we would not expect anybody to move a building for three and a half feet. I

but it wasn't stipulated. So I just wanted to see how significant. Thank you. Thanks, chairman. Does anybody else have any questions?

As far as does this Excuse me. I have another cons Oh, I'm sorry. Go ahead. Uh I'm possibly missing it, but does it say in here how many uh vehicles will be on the lot at any given time? I believe we was it 20? Yeah, it it was uh 22, I believe. Total occupancy of 20 20. Okay. Uh the plan shows 23 spaces. Yeah, we have to uh lose one one space. I believe it was 22 and we might have to lose another one due to uh the corner situation where Grashet and Hos meet. Okay.

Thank you. Uh we we still would like to uh talk about the garbage enclosure. I don't know if if it was going to come up or um I will bring that up. I I guess we're so they're they need to make two decisions. one whether or not to recommend the discretionary decision to city council and then we'll talk about the site plan or we'll get to that. Gotcha. I feel com personally I feel comfortable with allowing the building department to handle these things administratively including the shrubs and trees. Um as this is a repurpose of it it it there's this project has nowhere to go but up from what it is right now.

Please God make it look nice. I've had people on Nine Mile, I won't mention names, say they were going to make things look really pretty and it looks like garbage. Just because you put paint on it doesn't mean it looks nice. So, please make it look nice. Having said that, does anybody wish to uh recommend conditional approval of the proposed special land use for a used automobile sales facility at 24700 grass 143-023-1000-4 based on the findings of fact in the planner's review letter dated November 26, 2025.

Should we also include and to allow the building department to work administratively with the applicant? Um you can the the second the motion for the site plan uh addresses that separate. Okay. We have motion by Miss Moody. We have support by Miss Rayford. Please call the role. Microphone. Yes. Mary Rayford. Um Wanda Moody. Yes. Moody. Yes. Kimley Naylor. Yes. Gary Sassic. Yes. Alexander Stokes. Yes. Sheila. She's not here. and John Hood. Yes. Moving on to item B. Mr.

Thank you, Mr. Chair. So, we covered um much of this, but as I have mentioned, the the applicant is reoccupying the building. Um because of the use, the applicant is required to um have this site plan review and be evaluated against the current ordinance requirements. Um, we, as I said, I think the landscape that is proposed is will be a significant improvement. I do not think that the the plan that is in your um in your packets is quite there yet. Uh, nor does it meet all of the requirements because it needs to be uh prepared and stamped by a licensed landscape architect. But I think in concept it makes sense. And um as far as the quantities of what is being provided um I believe that it may be appropriate to um to require a similar quantity to what is being presented arranged slightly differently with different species and being prepared by a professional. Um there are several other things that are that have been identified by both uh myself and the engineer as deficiencies in the submission. Those are legitimately paperwork and can be resolved if the applicant um provides a note here or there. Um the there's a couple things uh there's a couple things that are not that that do require revision. One of them significantly I think is the lack of a screen wall and I think that that requirement um is appropriate to maintain given the adjacy to residential. Um and then the applicant is I believe going to explain a request for um a waiver from the requirement for a dumpster enclosure. In this case, I do think that a waiver may

be appropriate because um just because of the nature of the business. Um I believe this place can probably be operated without a dumpster. Um, and so, um, the applicant can explain whether or not they can handle the trash or how the trash would be handled, but, um, it seems like there may be a solution forward there without adding a dumpster enclosure to the site for the used car dealership. Um, the applicant mentioned the signs. Uh, there is a non-conforming pole sign on the front of the lot. Um you'll remember from last meeting we are working on amending the um zoning ordinance to allow more of those non-conforming signs to stay. That has not been resolved. Um so we just put language in there um recommending that I think it'll be resolved by the time we get another submission and review it. Um and the zoning ordinance either will have been modified um perhaps to allow that sign or it will production and and maintenance on this uh on this property. In other words, they're not bringing cars in doing uh auto repairs and then putting them on the market for sale. Again, there would be a reason for us to offer them a no dumpster as long as there was an affidavit giving us proof that they have some form of uh garbage removal system on a regular basis that will replace a full-size dumpster and its enclosure when all they're doing is office space and marketing of sale of cars. Um, other than that, everything else I think is again matchable by the administration details uh to give them time to get it done and get it on the market before we even get through the next year.

Okay. Does anybody have any questions before we go on? All right, Mr. Bill, why don't you start with with each point maybe that you want to get addressed and then the gentleman here can uh we had one one more point um if if I may uh regarding the gate in the back at the alley. Um the my client would like to have it for for safety reasons another way out of the the property if if need be. Didn't we have something with gravity across the street where we did not allow that? We did allow it. We did. Okay.

We did allow them a a weight size capacity movable gate so they'd have a second exterior route. Okay. Yeah, there there was an existing one on on the site as well. And I think I guess my comment was I think the gate is fine, but um the wall needs to extend the it needs to be a wall. Yeah. And he's extending he's willing to do a CMU wall. Correct. Okay.

Okay. Um so the conditions that we identified was that the applicant eventually received special land use approval. Um that the I think the applicant just mentioned these spaces are essentially in conflict with each other. um if there just going to be vehicle display spa space spaces um maybe that's workable but it just seems this comment came from the engineer and from me that um that should be revised so that those spaces are not in conflict with each other. Um the uh revised submission must provide dimensions of all proposed parking spaces just to ensure they all comply with the ordinance requirements. Um, we are looking for just some detail about proposed colors and information about where those colors will be deployed. Uh, as the applicant is working to paint and refinish the building. Um, a revised submission must comply with zoning ordinance landscape design standards as described above except for any waivers granted by the planning commission. And those waiverss ultimately uh the planning commission does have to decide whether or not um they can be granted. Um, and then a revised submission must include a note about the removal of all non-conforming lighting and provide details about any proposed site lighting. Um, and lastly, prior to a certificate of occupancy being issued, the applicant must achieve compliance with the sign regulations in the zoning ordinance.

Okay. Um, and so the two things that the two waiverss that um that are the applicant is asking for that um I do think are reasonable to discuss are the required trash enclosure and the full aotment of required frontage trees and shrubs. Um trees currently four trees are proposed where six are required and currently nine shrubs are proposed where 36 are required.

36. So, as I said, I don't think that the solution I don't think what is shown is quite there. I think there could be more shrubs deployed. Um, but I do think that the locations I guess I see the the best outcome here is more shrubs being deployed in the islands where they are proposed to get closer to that number. Um, not necessarily requiring that more spaces be taken by landscaping. Is this something you folks can do? Um originally that that uh concern we we spoke about the the two parking spots being uh detrimental to each other.

So the other would be the trash enclosure. Yes. So pretty much trees and then the trash enclosure you don't what is what is your what will be your process for making sure the refuge is picked up? Uh we we brought up the a point of uh hiring a uh garbage company to pick up on a regular basis and uh doing a contract that way. Okay. So will your trash receptacles be outside? Will they be inside until they get picked up? We out like a residential wheeled out on a specific date night we talked about.

Okay. That's what we talked about. I don't have a problem with that. I don't either. Okay. I got no problem with that either. Do we have a sample motion? You do. All right. With with a All these pages have all popped apart. So, yeah, there was one I think that basically was a conditional and then allowing administration to handle it,

but I don't remember where it was. John, we need better staples. True.

Not yet. chairman, do you want him to read it for you? Yes. How about we do that? And he'll read it with the correct address for us. And you can please read it with the uh waved items. Yes. Um and just to be clear, I'm reading the sample motion for approval and administrative approval of the outstanding items. Yes. With the reduction from six trees to three. Right. And for the allowance for not having a dumpster enclosure because they have a process to handle that. Thank you. Nine trees to six. No, it's from six to three, isn't it? Is it six?

Currently, four trees are proposed. Six question. It's only two. So from six to four. Six to four. Oh, okay. We're both wrong. I think that was the shrubs. Nine. Okay. Okay.

Six required. The motion is to approve the site plan for used automobile sales facility at 24700 Gratchet provided that a revised site plan is presented to the city planner to address the comments during the planning commission meeting and the required and recommended conditions outlined in the planner's review dated November 26, 2025 and the requ with all zoning ordinance requirements for screening. Number seven, a revised submission must include the removal of all non-conforming lighting and provide details about any proposed site lighting. And number eight, prior to a certificate of occupancy being issued, the applicant must achieve compliance with the signed regulations in the zoning ordinance. Additionally, the planning commission grants the following waiverss. Number one, uh waving the requirement for a trash enclosure given the relatively minor amount of refuge generation on the site and the applicant's justification that a dumpster is not necessary. And number two, a waiver of the full aotment of required frontage trees. Currently four trees are proposed where six are required.

So moved. We have motion. Do we have support? Second. We have motion by Mr. Sassic. We have support by Miss Rafford. Please call the role. Mary Rayford. Yes. Wanda Moody. Yes. Kimley Neller. Yes. Gary Sussex. Yes. Uh Alexander Stokes. Yes. and John, please make it look nice. Please. Yes. Moving on to item C. Congratulations. Thank you guys. Do everything these people say. You'll get along famously. Thank you so much. Have a good night. Happy holidays.

Mr. Real. Item C.

Um, thank you, Mr. Chair. So item C are the aforementioned proposed amendments to the ordinance to um enable the zoning of adult use recreational marijuana. Those amendments are to add which is the required off- streetet parking spaces um to as with other retail and as with medical marijuana to require one space per 300 square feet of usable floor area plus one per employee. Um and then add the definition of an adult use marijuana facility or establishment um with reference to the state act that enables those in the state of Michigan um and revise the definition of marijuana just to be more precise than um in in the last version of the ordinance I believe uh we're quoting a different law um and so this is um this definition is basically just saying that whatever the state laws define that term as is what uh the zoning ordinance will use. Does anybody have any comments? I'm going to beat a dead horse here for a second. And I know that it will do absolutely nothing, but I'm still going to say this.

Section 7.11, adult recreation, adult use recreation marijuana of the buffer district. Specifically, I'm looking at item two. Buffer district is further defined as an area within 500 feet of the following. I'm gonna skip right down to item C. Existing licensed childc care center. We all know where I'm going with this.

Our friends at Common Citizen are not 500 ft away from this. I don't particularly care about the semantics, the legal ease or anything like that. I'm just simply saying the spirit of this is going to be violated. So, we're going to approve this and it's we're going to recommend sending it to city council for changes, but I'm simply saying right here and now, we're going to send this to city council and there's already somebody who is violating the spirit of this. Yeah.

So, I just want it on the record and I know, like I said, I'm beating a dead horse and I know it's going to move on and I know it's going to get passed and everybody's going to be happy that we've got marijuana. Sorry, Harvey, but they're not. The spirit of this is being abregated. So, okay, I'm off my soap box. Do we have a motion or does anybody other else want to jump on the soap box? Yeah, I

had issues all along because of the daycare as well, but slightly different in the fact that granted we admitted that there was no way for them to know at the time that there was going to be a facility going in because nothing had been purchased, nothing had been agreed to other than a verbal conversation and the county was not aware of it. We've now had a daycare in session three years and we've had common citizens stall for three years

and they're still being rewarded and they're being rewarded for all the wrong reasons including the judicial system. I'm sorry. Now that I've had a a joiner on the soap box, we can move on to sending this to city council because what we're sending to city council has nothing to do with our soap box. It has everything to do with the law. So, do we have a suggested motion here? Would you like to read it, Mr. Herbiel? How about you read it for us? Um, because you know, we're getting old up here.

Sure. Um, I actually did not write one for this one, but um, maybe Mr. Albreight can friendly amendment anything I miss. Um, I believe the motion is to recommend approval of the proposed language as described in the memo dated November 20th, 2025 to city council. Um, based on the conducting also considering the that a duly noticed public hearing was conducted on these amendments. to which nobody said anything. Correct. Okay. And we are in complete compliance with Lara and and everything. Yes, Mr. Chair.

Okay. Is there anything you wish to add to that motion? Uh, no. Mr. did a a fine job. All right. Does anybody want to make Mr. Herbiel's motion? I'll make the motion as he read it. We have motion. Do we do we have support? Support. Please call the role. Mary, excuse me. Mary Rafford, yes. Wanda Moody, yes. Kimley Neller, yes. Gary Sessex, begrudgingly, yes. Alexander Stokes, yes. John De

only because legally it's right, I will say yes. Moving on now that I've lost my agenda because everything comes apart. Yeah. All right. Moving on to item seven, unfinished business. Uh we didn't we table this? We did. You tabled the public hearing or the public hearing for a requested modification of the parking and this is just consideration of the site plan which is still on your agenda. So we'll leave it tabled then. Um, I think you you just need to make a motion to similar to the public hearing to table consideration of the site plan, please.

Can I get a motion to continue the tableing of this item? So moved. Support. We have motion by Miss Rayford. We have support by Mr. Sassic to table item seven under unfinished business. Please call the role. Ra, yes. Wanda Moody, yes. Kimley Neller, yes. Gary Sessex, yes. Alexander Stokes. Yes. And John Hoy. Yes. Moving on to the building department update. Mr. Myers.

Good evening, ladies and gentlemen. I want to first wish you a very, very merry Christmas. Um, I'm speaking on my soap box, but it is the most valued, in my opinion, national holiday we have, and it's very, very important. So, I hope you enjoy your family. Don't find it a drudgery. Don't find it overwhelming, but just sit back, relax, and enjoy the plusing of the gifts we've all been given in this day and age in our life. So, merry Christmas. We won't see you until that. Be careful on the other holiday at the other end of the month. Um, because that's when people get crazy and we need more of of Richard's work. And so, be careful with that. In a report, let me highlight a couple of things. Let's not go back to the soap box, but let's go back to common citizens a minute. Um, they have gone through their court hearing. We have met with them in in the attorneys and they now are designed and scr scheduled to begin the process of polling permits and being implemented by the first of the year. They will also have a deadline time that has already been set by the courts to complete that within a six-month window of time. Um, attorney, if that's slightly off, let me know if you know anything that I don't, but I do know that they have to get to me uh and pull the plan reviews. I have seen some of the preliminary work, but I need all the final drawings and so that they can begin to uh start this process in January and complete within six months. Is there anything I might have missed in that detail?

No. And it was ordered by the court and approved by the court to to move forward. So that's really was outside of the city's hands at that point from that hearing and and process made to vote. So you will begin in the first half of of 2026 see that building coming forward. Let's go back to an old process. If you remember less than a year ago, a little over a little less than a year ago, we um um recommended that the old Bob Evan the the old big boys uh be demolished because it would not meet any of the zoning qualifications or the conditions and safeties of the building for the cities moving forward in the downtown district. Um we will be moving that needle a little bit further. I have required and requested and confirmed that we'll have a meeting next week with the owners of that property to review proposals uh that they would maybe uh begin to implement onto that property. So, we'll see what they have to offer us next week and uh see if we can get that vacant lot uh filled in with with a usable building. So, if all is well, I'd hope to see in two or three months that back to planning commission for a new idea of what can be done on that property moving forward in a development stage. Um, talking about development stage, we're talking about the old prop project at Prime Storage just north of us. Um, I am in the middle at this moment of doing all the white box plan review for their first floor renovation. Um I should be finished by the end of tomorrow. Uh and then if what they have to correct then they should be able to move forward on that. They have now completely tabled the second phase which is the uh the lot for parking and storage where they put their dumpster enclosure and new wall um on the back of that property behind the building. And um they have already submitted a site

plan for the south of the property to us. Uh it looks like it will be approved as meeting all of the setback sidelines as well as fire entry and exit uh problems that we had before. Uh they have to submit to us uh in the first part of the year a set of building drawings and right now they have affirmed to us this week that it is out to bid for a contractor to uh plan that construction in the beginning of this coming year. So that might take care of that terrible mess. The idea for them, if they don't take care of it, then they have to remove everything, get the fi signs off, get all the property clean, cleared, and uh put back in order without any fencing. So, um they're going to put money into it one way or the other, but right now they're looking at giving us um a contracted bid and potentially if we can approve all of the other pieces, um they should be able to start in the spring. So, there's another project that's that's moving a little bit further than we were when we've seen it was stalled for a minute. Um, there's a couple other pieces. Uh, I have an investigation meeting with our favorite organization, um, Winter Sausage, um, not next week, but the following Tuesday. uh and we believe that maybe they've used that um storage facility without all the legal documents to open it. And so we will make that investigated report back to you next year or next in in January to find out how far they have gone to utilize that property without pulling all the HVAC, electrical, and structural blueprint properties for it. But we'll look at that. uh not this coming Tuesday, but the following one hopefully and we'll have a chance to see what's going on

there. Uh other than that, we have of the Keystone property is a bit of a pause for us. Um we'll talk with Paul and I to talk about when does your planning commission's approval of site plan and land use of the gravel pit uh when does that expire? and it only lasts for so many months. And the question is the longer they postpone the permits and construction of that, uh we may have to re-evaluate bringing them back and getting that resolved. Uh number two, um we've been brought with a request uh to make modifications. We've kind of sat back and said, "You tell us what you're going to do." But they're thinking about taking all the units in the building, which are on separate parcels, and combine them into one parcel. I really hope they do that, but whether they do or not is theirs to decide before I give them any information of what happens. If they decide to do that, our ordinances grant us the right to require them to start over and bring that up to current codes. Example, some of the current codes that they're not meeting at the moment are you're allowed to have a two outside storage cars for every storage bay. And if you've been through the alley, you know that's not the right number. And so if they step away from their present condition, it now becomes a new lot, a new design, and we get to go back and start all over with how we address how they operate that business. if they connect all the pieces under one parcel. So, we've left that to the assessors and we'll find out what that piece gets to to take on as we move forward. Uh we do have a couple other buildings that um the city attorney and I are beginning to work out. We have some questions to be answered from a

legal point of view. Um we do have several two one particular building right now in front of us that we have posted to not occupy that has been running uh in support both of the violations they bring brought us from our your site plan. Uh you requested before I arrived here uh that they were allowed to do something with a condition of five or six other items. They failed to do any of those items and at this point uh they have failed to pay their taxes over the past three years. they failed to get a license in the city uh for the last three years. So, we have tagged the building and as soon as we can have time to schedule with the city attorney, we'll find out what our legal action next step could be to help them understand this is an important uh life health safety issue that they need to um honor the city's guidelines. So, we'll address that property and that commercial business uh hopefully in the next week or so right before we get to Christmas. Are there any other questions and and buildings you'd like me to address? I have a number of things that are on the table from old to to new and um we're working really hard to we have 57 businesses that are not quite com in compliance with their licenses or failed to complete them. And so we are now addressing them. Um we hope to have them all clearly in a legal position of compliance uh by the end of this year and then we'll begin to look aggressively at our vacant business that are still in the property and what we can be doing with those.

I noticed that Moses Roses is coming along. How close are they going to be to open by? They're they're really really close. We've really granted them what we're waiting now to see of the the final approval of the building and occupancy has been granted by us but not permitted by me until the state board comes in and does their inspection uh required for med medical marijuana and recreational marijuana since it's that close. And so until I see um Crystal sending me a letter of of confirmation, they won't be able to make that next move. But they're that close. Okay. Does anybody have anything else?

All right. Thank you, Mr. Herbiel. Moving on to the second hearing of the public. Does anybody wish to be heard?

Case Point resident. Um, I really wasn't going to speak tonight, but that is news to me about common citizen. I had thought that they were denied um not because they're right across the corner from a daycare center, which would be reason enough, but because they weren't going to fulfill their entire site plan of a $6 million investment. They had whittleled it down to $4 million. Maybe they're not taking all the property that they said they were going to. I thought those were the reasons why they were not approved. So, it is a surprise to me that they have been resurrected. I'm assuming that they're going forward with their lesser plan. Um, you know, we had our mayor tell tell these businesses that they needed to be up and running by December 31st, which is what 27 days away from today. And now you are saying that common citizen is getting an extra six months. Is that a firm sixmonth deadline? Um because I'm, you know, if if July 1 rolls around and they're not up and running, I would I would hope that we would shut them down. I just it's wrong on so many levels. Don't mean to take away your soap box, Chairman Dant, but I I just that was a very unpleasant surprise. Anyways, um you know, if you can maybe elaborate on that a little more, I'm assuming that everything I'm assuming is probably correct, but um if I've misinterpreted something, maybe there can be a clarification. I I just don't know how they have any legal standing to move forward with a plan that was not uh what they originally proposed when they were granted a license to begin with. So

other than that, it's good to see you all. Thank you again for all of the hard work that you do and I hope that all of you and your families have a very merry Christmas and happy holiday season and see you next year. Thank you. That was court ordered, by the way. It had nothing to do with the city. It was the judge. Still have to wait for the state approval. Let them open. Hey, with that 24% additional marijuana tax, who knows who's going to be open anymore. We might have a nice, beautiful building that can be repurposed for a nice brew pub.

All right, moving on to commissioner's comments. Mr. Myers, do you have anything? I do not but the with the support of our city attorney to answer the public's comment if they are granted by court and I'm assuming that's the court of appeals court that did that it would have been the Mcome County Circuit Court I'm not aware of the exact terms of whatever that court order consists of but uh attorney Tim Farand has been representing the city uh in that matter and uh once I finish my docket tomorrow morning I'm going to reach out to Mr. Fran to get the uh details on that uh that court ruling

and that was what he sent to me and I'll just confirm with you when when we get a chance to detail. The reality will be we have the jurisdiction if they've been given a restricted amount of time we have the restriction to to make a decision as a city if they fail to do it on a timely manner. When did the court make that decision, John? A week or two ago. I'll follow up with Mr. Fran tomorrow.

Just a couple weeks ago. Again, I want to wish you a great holiday. This is so fun to to take a break and enjoy family, enjoy friends, and uh look at the past year and look forward to the great year coming ahead. Um we will not slow down. If there's a comment from our department, please understand that we're asking to continue the strengthening of the building department and the character of the building department so that we can address both residential. We're working with the city attorney on almost 21 houses and properties in the street and some when we get to the third quarter, we'll begin to look at some commercial buildings that we have some of the same issues with and we'll begin to to target those. So, uh, we're working hard. We don't plan to slow down until we have this city in a safe health and a wellness for a better quality of life for the people moving forward.

Mr. be able do you have anything? Um, just to say that there doesn't seem to be a winter lull in development inquiries. We don't have any pending development um other than what you already know about, but a fair amount of inquiries, some of which could become fullyfledged applications for uh interesting projects. Um, and other than that, happy holidays and merry Christmas. Thank you, Mr. What's up? Do you have anything? No. Happy holidays. Mr. Albbright.

Yes. Thank you, Mr. Chair. The commission. Um during the month of November, uh uh the building department did send over to our office approximately 12 requests to for donatement proceedings in the circuit court. Uh most of those consisted of residential properties, but one did consist of a commercial uh property on um uh Stevens. Uh that's in addition to the approximately eight or so other u nuisance abatement action cases that we're currently handling. I would imagine now that uh that Mr. Meyers is uh relatively full staff in the building department that uh over the next couple of months and as spring approaches that we will probably get more of those cases. Uh some of those consist of fire damaged uh garages uh homes that are not being maintained and and the like. So, um, the goal is to clean up the city, uh, in a significant way in the coming year. So, and, uh, merry Christmas and happy new year to everyone. Thank you.

Thank you. Councilman Curley, do you have anything to say?

Do I have anything to say? I do. Uh just want to wish everybody a a wonderful holiday, a merry Christmas and uh hope that all of you rest and have a blessed day at the day of Christ. Um the other remark would be that I would hope that all of you take the attitude that I have that uh it's not the end of the world. the United States will will survive. When George Washington got in that boat and went across the PTOIC, he thought the Revolutionary War was over, that we were going to be defeated. But America is strong. We have stronger people than that love our country than the people who don't love our country. So, um, you may not go as far as I do. I don't watch national news anymore. I watch I watch local news, but uh you still hear about everything that's going on. But let's forget about that. Let's plan what you're going to have for Christmas. Uh whether it's a duck or a turkey, whatever you whatever you want. But God bless everybody.

Miss Moody. Well, I just want to say to everyone, happy holidays and um let this be a season of giving. Um because there's so many people that are are lacking and if you see someone that is lacking, it is a it is an opportunity for you to step up and give. Um I say be blessed to everyone, be safe and just know that um it's not over yet.

It is a good c like he was saying that the country is is um on the uphill. Sometime we might not think that but it is. But we just have to continue to move on and trust God and know that everything will be okay after a while. So happy holidays to everyone. Miss Rayford.

Uh, thank you. A couple things I want to mention that regarding events in the city, um, Eastwood Oddfellows right across the street is, um, collecting toys for their annual children's party. Um, and VFW has decided to adopt a family this year. They're also seeking donations and toys for that particular family. Um, it's going to be an interesting year.

I I don't know how to put it other than that, but it's going to be an interesting year. We have a lot of things going on, a lot of things to watch for, but I believe that we're going to make it. We're we we are going to make it. And so I want to wish everyone a very happy new year. Enjoy it. Sometimes we take time for granted and we have to take each moment for what it is and do the best with it that we can. So, happy holidays.

Mr. Stokes, happy holidays and no further comments. Miss Naylor, I'd like to wish everyone a happy holiday. As you said, take time to appreciate time when it comes to the nation. Uh this is just year one. Right.

They just have to really focus. I think it's a great time to really make people focus and awaken to our true capacity. We take a lot for granted and when we have this type of chaos, it helps us birth something new. So, I look forward to new beginnings in the new year and awaken consciousness among people to say how can we be the best version of ourselves. So, happy new year.

Mr. Sassic. I'd like to wish everybody up here on the commission, everybody in the audience, anybody listening in a very, very special holiday season. No matter how you celebrate the holiday, remember that our tomorrows are not guaranteed and that reach out to those friends, family that you haven't touched in quite some time. Thank you. Y'all have brought me down. Sorry.

It's very simple. You know, it it's easy to say happy holidays, but I'm a firm believer in the phrase Tempest Fugate. Time flies. Um, tomorrow is promised to nobody as everybody has pointed out up here. Um, so you need to live every day like it's your last potentially. Um, there's a movie quote that I absolutely love and it pretty much says, "Everything will work out in the end, and if it hasn't worked out, it's not the end." I think it's a great quote. Now that I've given my 50 cent fortune cookie wisdom, I do want to say happy holidays to everybody. And may I have a motion to close the meeting? So moved.

We have a motion. Do we have support? We have motion support to close at 8:07. Mr. Wood, if you please call the role. Mary Rayford, yes. Wanda Moody, yes. Kimley Naylor, yes. Gary Sussex, yes. Alexander Stokes, yes. John De, yes.