City Council - Regular Meeting

speaker. They can hear you.

Yeah, I don't know. Only one of them reach out to have to please. So, I was going to reach out to him and see if he had a name. I figure if we have to get in LA, that's who's in charge of us. I don't care anymore. Okay. Danny, if you can hear us, give us a sign. No. Yeah, Danny, not Dana. The cameras are live. Okay, we're good. We're good. Thank you, Mr. Mayor.

Call meeting to order. And Shelley can do roll call, please. Yes. Thank you, Mr. Mayor. District one, Councilman Rios here. District two, Councilman Pastor, present. District three, Councilman Letham, present. District four, Vice Mayor Stapleton, here. District five, Councilman Gonzalez here. District six, Councilman Shipley here. Mayor Gomeros here. We have a quorum, Mr. Mayor. Thank you, Shel. Shel can lead us in.

Yes, Mr. Mayor. Thank you. Join me in prayer. Dear heavenly father, Lord God, we thank you for this evening. Thank you for your protection and your guidance. We pray that you bless this meeting and the council as they make decisions for this community that they may be purposeful and intentional to serve the residents. Please bless city staff and protect them Lord as they serve and protect. We ask these things in Jesus name. Amen. Amen. Fernando, can you lead the pledge, please?

I aliance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all. We'll start with summary recoccurring events. Mariano, we'll start with you down there. I've got nothing, Mr. Mayor. Thank you. Thank you, Mariano. Fernando, if I do, I don't remember it. So, okay. All right, Freddy.

Uh, thank you, Mr. Mayor. I just want to let the public know that uh I attended a um Tri City Sanitary District meeting yesterday. Um it was held at the King County Fairgrounds. Um and really what it was, it was a pre-construction meeting. So um Keg is the contractor that was awarded the first phase of this uh project. Um and they're talking about starting in another couple months. So, um the plant site, that's the first phase of this project. The plant site will be along 188. Um as you make that turn by the railroad track past uh Guios, uh it'll be in that general area uh in that field. So, um I'm sure there's going to be more to come, but uh keep your uh keep your eyes peeled for that new construction.

Thank you, Mayor. Thank you, Freddie. Mike. Uh, yes, Mr. Mayor's left quite a stack of information about what's going on at the library. And I think one of the key things would be that uh display of the Arizona Traveling Museum that will be at the Boo Plaza Cultural Center on March 22nd. It's free and it's actually the only stop in H County. So really fortunate that Rael and Sue Pontel I believe got together on it and got to come to the county. So take a look at that information. I think you'll find some interesting things. That's all I have here. Thank you, Mike. Jesse, I don't have anything.

Mike, I have nothing tonight. Wow. I know. That's quick. Whoops. Caught me off guard. Sorry.

I have a couple of things. Uh tomorrow we'll be traveling to PAC. Uh Governor Hobbs will be having a um lunchon up there in the PAC area. So again, you know, hopefully we'll be able to discuss some of our we're still working towards our FEMA our FEMA declaration, which would be great if we could get that. Um so hopefully we'll have discussion with that. Uh the other thing is first Friday returns on March 6th and that's going to be the first live again. First Friday again back to normal instead of just uh minimize. So and that's all I have. Thank you. Um Mr. Mayor, members of council, nothing from me tonight. Thank you.

Oh no, one thing. There is one thing. Tonight is the u this weekend. Uh this Saturday is a c casino night for the Rotary at the the old courthouse and tickets are available everywhere and I think you can buy them at the door and I think it's a 1920s theme. As a as a good Rotarian I need to put my two cents in for well our local voter.

Okay. Thank you. Next we have community call to the public. Uh this is a time when anyone wishing to speak or address the council can do so. uh limit time limit is 3 minutes. Um and at that time we cannot as council respond to you but we can direct staff to follow up. So I do have one call to the public. I have Joseph Goodwin. You want to state your name and your um

good evening everybody. Good evening mayor, vice mayor, and council. Um my name is Joseph Goodwin. I live in Apache Junction on 1955 West TP Street. Um, thank you for the opportunity um, for letting me speak tonight um, and for the time and service you dedicate to the city of Globe. Um, as you know, my name is Joseph Goodwin. I am a grassroot engagement director um, with citizens for free enterprise. In this role, I seek out and meet with small businesses small business owners, workers and members of the community here in Globe and throughout our region. and I asked them about how policies, ordinances, and what laws impact them and what they look like on the ground. My job is to help bridge the gap between those voices and local government so that policy makers like you can all get the feedback and input you need to make the best decisions for your uh constituent constituents and community. CFFE is a nonprofit, nonpartisan organization that was launched to protect free enterprise at the federal, state, and local level. At CFFE, we are committed to advocating for independent businesses and promoting the principles of free enterprise, equiing our local businesses with resources and information to grow and prosper while also continuing to protect and advance our free enterprise system for future generations. CFFE wants to help connect independent businesses with lawmakers so they can have they can make their voices heard and you can all receive valuable feedback in the policym process. For many local business owners here in Globe, their business isn't just a job. It is their livelihood. They eat, sleep, and breathe it 24/7. They're managing payroll, supply chains, customers, and rising costs all often all at the same time. And because of that, while their input on local regulations and policies is incredibly valuable, the reality is they are busy people. In many cases, they don't become aware

of policy changes until after those changes are already being implemented. The most important impactful policies affecting daily life and economic opportunity are crafted right here at the local level. And we want to help ensure that business owners, workers, and residents all feel they have a voice and a role in the process. I also want to acknowledge that Globe is still rebuilding following the devastating floods of last year. Tremendous progress has already been made and it's clear that these things are moving in a positive direction. But at the same time, everyone recognizes there is still more work ahead. As globe continues to recover, it's important that we keep in place policies that empower residents, encourage investment, and strengthen independent businesses that make this community proud. Thank you all again for your time, your service, and your dedication to the city.

Thank you, Joseph.

Next, we have special presentation ceremonial matters. And we have none. Okay. Uh consent calendar. Matters listed in the consent calendar considered be routine and will be enacted in one motion, one vote. Public hearing items are designated with an asterric. Prior to consideration of the consent agenda, the mayor will ask whether any member of the public wishes to remove a public hearing item for separate consideration. Members of the council and/or staff may remove any item for separate consideration. Also, item A is consideration of waiver of section 2-4-10A prior discussion rule to allow action on the balance of the consent agenda. One, accounts payable $27,971.74. Item B, consideration to approve change order number one for contract number CS20260026 with Ferguson Enterprises LLC for the amount of 3,12263 from funding account 508051251 well pump maintenance and repair. Item C, consideration to approve the fall distribution request for the Globe Miami Regional Chamber of Commerce for the first and second quarter of fiscal year 2526 in the amount of $25,000 funded from account 105151900 general fund community organization Globe Miami Regional Chamber of Commerce. Do we have anybody from the public staff or council wishing to remove any item for separate consideration? Mr. Mayor, there's no uh comments on public on the consent agenda item. Make a motion that we approve as presented. Okay.

We have a motion and a second for approval of the consent agenda as read. All those in favor say I. I oppose. Nay. Motion pass. Item 5A is new business and item A is a public hearing, discussion and possible direction only. No action on the planning and zoning commission's recommendation of ordinance 894, a zoning code text amendment update and ex expand the city's home occupation provision for res residential and zoning districts case number ZT8251. Shelley, can you read ordinance 894, please?

Thank you, Mr. Mayor. Ordinance number 894, an ordinance of the common council of the city of Globe, Arizona, amending the zoning code by expanding the home occupation code provisions to insert section 14-6-11 to establish use standards and to add said use to the permitted uses and uses subject to conditional use permit sections of the RL-43 rural zoning district section 14-5-2B. B R19 Single Family Residential District section 14-5-3B R1-6 Single Family Residential District Section 14-5-4B R-2 Multifamily District Section 14-5-8B TR Transitional Residential District Section 14-5-9B of the Globe Zoning Code and updating the definitions section 14-3 3-1 accordingly. Is council pleased with that reading?

Yes. Yes. So, in the order we go, I guess before we open it, we'll Dana will be be presenting and then uh we'll open the public. I think what we'll do is wait till um council at the end can comment on anything that's discussed, I guess, if if you guys are okay with that. Yeah.

Um I just want to before we get open it, I turn it over to Dana, thank the planning and zoning committee. I know they did a lot of work on this. This has been going on for several several months that I that I understand trying to understand it all. Uh again, these are volunteer group uh that had a lot of questions, had a lot of um concerns and then they moved the recommendation forward to us. Uh you know, as we review codes, whether it's fire, building or zoning, it's important to understand that the decisions cannot be based on one single resident, one business or one particular area. when we when we make decisions, it's for the whole entire city of globe. So what may be good in in one area in a residential area may not be good in others. So that's why we got to be very careful and really be open-minded and and understand it. But at the same time, the things especially the first one we're going to be talking about is is is one of them is child care and and and that's vital. It we're defic we have deficit of child care in our community. I think it's a very important uh subject uh that we need to really uh look at. But there's many more that we're going through and Dana will explain all those. Uh and please ask questions as we move along. So as Dana's explained if we want to

and Mr. Mayor, members of council, just to reiterate the these are um for the public hearings uh discussion and direction only. Uh neither this and or the other text amendment are agendaized for taking action. So uh whatever the outcome is uh both of these will have to come back and that is in uh gives staff a chance to to get to get your feedback and know exactly what to bring back that you you want and also it satisfies the um the multiple read requirements that we have. Okay. So we'll go ahead and open the public hearing or no we we'll do a presentation and then open the public hearing. I'm sorry through Dana first. Y Dana, you there?

Thank you very much. I am. Can you hear me? Yes, we can hear you. Good.

Excellent. Mayor, vice mayor, council members, thank you very much for considering this or discussing this item tonight. Um, as you mentioned there is a little bit of history here and I'll try and quickly summarize for you and get right to discussion and then as you mentioned any any zoning ordinance or reszoning zoning related ordinance change requires public hearing and that right after presentation you're welcome to open the public hearing for testimony from the public. Thank you very much again for having this item uh back for about a coming up on almost a year back last back in May there was a conditional use permit item on the planning and zoning commission's agenda and in that meeting uh the topic of home occupation came up and uh given it not being agendaized for that discussion planning and commission directed staff to uh bring back a discussion and uh and conversation about the existing home occupation code and that's how we got to today. Um so with that just quickly go through that background. These are prior public meetings and outreach in 2025 May 15th that's when we did that presentation we came back to uh DND uh presented uh discussed did some research pure code analysis and best practices and looking at the nuances for globe uh and had a good discussion there. came back on July 30th. Uh really starting to dial in um kind of what those critical elements of pure community codes and other uh best practices are. Uh and then we received direction from the planning commission to move forward with preparing uh the framework for text amendment. August 15th that uh draft framework was distributed

uh for public input on social media. uh via our couple channels there. Um and then on November 12th, we uh PD reconvened and then considered and then initiated that specific language uh with some modifications and generally what you reviewed today is is close to that. There have been some tweaks with these additional meeting that we held in 2026. uh placed the uh advertisements that required to notify the public of public hearings which included uh a message in your water bill in January water bill uh newspaper ads uh and social media posts as well for the citizen review and then also those advertisements included the public uh the plan voting commission public hearing this public hearing tonight uh as well as the statutory required citizen review meeting that's uh required to be held prior to any public hearing held by the city and that was held on January 20th there in the council chambers. Um and a summary of all these meetings for the most part are in your packets under the citizen review and then or under the public input uh and andor referencing minutes of planning commission and and video that are available as well. Uh so obviously planning zoning commission held uh their public hearing uh on February 4th and made a recommendation to city council to uh adopt the proposed language with uh with a uh on a three uh sorry 3-1 vote. Uh and then here we are uh on the 24th. So it's about eight or nine meetings in total previously. So just wanted to quickly just recap on that process. Our per uh pure community uh home occupation

codes uh early identified some consistent criteria, regulatory criteria that need permitting and licensing requirements just to know if you have the right approvals uh to operate your home occupation. Secondly, list of permitted uses and prohibited uses and kind of identifying okay that's allowed to be a type of business that could be operated out of home in this camp. Uh, and there's some gray areas in there trying to dissect um or make it clear what that intent is. Item number three, maximum number of employees allowed to be on the site uh that are unrelated to the uh resident or occupants of the home. Uh four, limitations on the total area of the property. So, we saw consistency where like you can't exceed a certain amount. I'll touch on a few of those peer community best practices that we saw. Uh uh five limits on the ability to store, display or advertise the fact that there's a business activity going on there. And then six, limit on increases to the traffic and parking uh that's not customary to a single family residence or neighborhood. That's probably one of the more critical components uh outside of having a visible advertisement that if a business or property start, you know, single family home in a neighborhood, residential district starting to take an appearance of a business. Uh that traffic and that demand for traffic obviously uh is the important criteria to consider. And then finally, all codes will identify the nuisances um that are prohibited by the city and and requires compliance of the city codes. and stop me at any point if you have any questions on this. I just said all I should be pretty quick here about 10 minutes.

Uh just real quick highlights. I just pulled this old slide off from one of those earlier pure community discussions of TNC uh commission uh here county. You know, go figure. We have a very mirrored code. Probably adopted it from the county. Only difference I saw was 200 square foot where our current uh home occupation definition uh code allows 400 superior 25% and that's 25% growth to air floor area is pretty consistent across the board of most community survey best practices. Apache junction allows us to 10 related and these are you know kind of the the nuance um uh that we found co everything else very similar uh junction will allow up to 10 uh related vehicles per day to the business between certain hours with a parking allowance or requiring parking um and 25% of the home or 200 foot max detached uh area could be used for the home occupation and would be required to be indoors. And for the most part, they all require the activity to be indoors. Um, Gilbert, one full-time equivalent employee, not generate vehic or truck traffic in greater volume than normally expected in a residential district or to a single family home in which the home occupation is located. And then finally, PAN had a really robust home occupation code. Uh, the commission was not interested to get down that road. Basically, they created tiers, tier one, tier two, tier three based on the location of the home. Is it accessible off directly from a large a collector road or arterial some area that might have more commercial character to it? So, uh yeah, they it was interesting,

but it was definitely probably have a much larger um broad rush to uh uh apply home occupation requirements as uh globe. So overall plan we should uh determine the number one goals are to encourage business activities to expand the economy providing services without impacting the surrounding neighborhood and preserve the people enjoying the residents properties. Uh maintain and not alter the character of residential neighborhoods. Protect against potential nuisances of business activities such as noise, vibration, fumes, dusters, offsite parking and traffic. And then finally, definitely maintain public safety in the residential setting. We want to make sure that obviously whatever activities there is safe for our neighborhood. So, we're just jumping right in. Um, I know you probably received a uh a word document attempt for a language comparison that probably didn't show you very much. And this I don't know if you have the pleasure of reviewing this, but I basically took both uh organisms or place them side by side and then colorcoded the relative criteria as we just discussed there. You know, there there's a a generally accepted amount of criteria that is looked at in considering occupations and codes that that address them. So in the yellow start and I'll just quickly run through these. This identifies what uses are currently allowed. A dwelling as a secondary youth or as a secondary use, you're allowed to home occupation including professional and semi-professional offices. That's the full extent of the permissions for allowed uses in our current code. The proposed on the right hand side kind

of expands on that similar to our zoning districts have listed permitted uses the prohibited uses. So you see that expansion how we even you know uh more language in there to help identify a lot of the type of home occupations that we have been approving um all fall within this area. They're all they all wouldn't be uh in the area on the proposed code. However, uh not all would be considered a professional or semi-professional office. Uh I just I have some experience in this area and what you know and that criteria that was discussed previously and how to effectively apply that and administer that. Um so overall I would say in the last five years um I've probably denied maybe five maybe one year at best. Um and one of which was uh part of that discussion I think he's down into this revised code proposed by the planning and zoning commission. Secondly, in the yellow, when conducted and entered from within the dwelling is what our current code says as well. No more than 1/4 of the floor area of one story of the main building or a detached home workshop of not more than 400 square ft in area can be used. uh over the proposed wing which is very similar uh in that it just says a quarter of the total floor area of the principal building and any outer building on the lot. Um in orange there could be no sales, stock and trade and that's one of the critical components you'll see across the board. Uh you know you don't want that retail activity in a neighborhood. That's when we start getting phone calls of complaints of business activity. Um and here in the proposed language item number G

merchandise walking customers sales of merchandise or goods shall not be Go ahead Fernando. We got a question Dana. D I got a question. So, when I read the um the state guidelines on the child care, it said that you had to allow 30 square foot per child, but you're saying you can go up to 10 or 12. So, are we still okay with the 400? Is that how we came up to 400?

And we can we don't necessarily need to apply strictly state. Um and daycare is a new We've got a I've got a specific discussion on that. Next, um a great point. When you see that language where we have maybe area does not include um and I think certain state requirements also um require outdoor play area or some sort of so we'll get into that. But to your point, as it's currently written with uh further statutes, any less any uh daycare of four or less um don't require any permitting from us um as as proposed. So in that situation, obviously, they'd be well underneath that that threshold. More than four would require a use permit out. Like I said, we'll get into that detail next, but but happy close up that part of this conversation for now.

Do you have any question on that? No, I'm good. Yeah, we haven't got to that yet. Okay, Jess, you have a question? Wait, Dan, I got another D. You said that at a certain point, I can't remember the exact verbage you used, but you said at a certain point that's when we start getting phone calls and complaints based off of the existing code. Can you tell me has there been complaints and phone calls to suggest that's when we get phone calls and complaints or just based off of your knowledge in other cities and towns that you've seen phone calls and complaints related to that? Uh I've had a few. One was a garage sale that continually operated in the community and the neighbors were upset with that.

Uh that's the one that really stands out. uh in automotive repair, we got complaints of why do they always have a car over there or it's always on blocks and they're working on it and there's others that are coming. So those that's the bulk of the complaints off the top of my head that I can think of.

Okay, thank you. And then yeah, definitely communities too. So no more than uh in the blue, no more than one uh non-resident is what our current code allows. The proposed code uh allows no more than two persons shall be employed or work on site accepting the occupants. So in people driving to the site to work. So we double that and then also with approval of conditions per allow additional employees

um in the gray provided that the residential character of the dwelling has not changed again that's a consistent language item a kind of on the onset of the home occupation discussion we identify what that what those what the goals are of a home occupation to not change the character of the of the property or the neighborhood. Uh, and this lighter orange does not cause any sustained unpleasant noise vibrations or not orders. So, nuisances and again every code has that every home occupation code will have that here on item J which just expands a little bit in a little more detail but also the same thing for the most part. And then it does apply uh provide the opportunity if there is certain motors running or something like that um that it would be necessary for the home occupation that that uh home business could apply for a conditional use permit to allow it to operate. and let uh the city planning zoning commission consider is this going to be allowed, how is it being operated, is this in a manner and then regulate and then be able to keep an eye on it as it moves forward. Make sure that you know it isn't creating problems for the neighbors in the neighborhood uh in green or cause any parking or traffic congestion in the immediate neighborhood is what our current code states and then that's just expanded a little bit now. and why that's expanded or caused any parking or traffic congestion in your neighborhood. That gets a little subjective to um the courts and doesn't give you a lot of teeth if there is a problem. And keep in mind any code I'm not very I'm not familiar with many if any code compliance issues with home occupations in the city. Um, but it's strictly on a uh on a uh

complaint base. We're not looking for problems. I'm not aware of anybody in staff looking for home occupation issues to complain on. It's a proactive complaint coding code enforcement uh scenario that we we entertain right now. Dana, I have a question.

Yes. um on the on the parking, okay? Or or when and again, I guess you'll get into this too later on in the daycare or whatever, when they leave people off, it's only temporary, but if they're doing instructional classes, they're there permanently. So is it up to the individual doing the business there whether it's daycare whatever advising their clients about the parking situations and the safety of the kids or is it is it city the city get involved with that?

Uh two different things there. So what you just if it's a daycare that has instruction that's a daycare they just happen to give instruction our instructional classes provision is actually the emphasis for this whole review of our home occupation code somebody wanted a swim school or swim class at their house and that based on the existing code I think we could all agree there's nothing really that points to allowing something like that and so if that um to to your point, it's more of that rotation of class attendees, right? If it's an hour or two hour or threeh hour class or something like that of cars, people driving to a yoga, Pilates, or other instructional type of program with of a group. Um that's what item six here, instructional class intended to uh address with regard to daycare. Now they're being dropped off in the morning, they're picked up in the afternoon, maybe two two different three different

schedules, you know, four hour increments or stuff like that throughout the day. Um, so you have that traffic coming and doing that drop off, you know, in in that regular kind of case versus in groups of people coming in for a class and needing parking. Now, like you mentioned, daycare is a drop off. So parking is not a big issue. Yep. We don't really ask if they got employees. We had to show that you have two on your property for your residence. And then if you got an employee, show where you park in the third car on site and put it in the street. That's what we're trying to avoid. Does that answer your question? Yes. You got one more. Dana

Dana with traffic and parking. You state that there's no more than five additional daily trips that could a delivery driver could go over five additional trips a day to one location. Say take Door Dash, GrubHub, Instacart. Um take my house for instance. That Door Dash driver is there about 10 times a day. Mhm. I mean, so so that that has gone over now that five that five daily limit. So how how do you enforce that? And why would we enforce that? I mean, as long as it's not causing a nuance to any neighborhood, why would we put that in there?

It doesn't sound like in your situation that that's related to a business activity. And I mentioned just previously just saying we don't traffic is the is where we start to get the calls in parking in the street and parking in places where they park cars should. If you don't have that in there, your current language is or cause any parking or traffic congestion in the immediate neighborhood. Again, that's very subjective. You can't monetize that or you can't, right? You can't show a judge, well, they've got 20 cars parking throughout the day every day over the location. Um, that well, does that cause congestion though in immediate neighborhood? That's all subjective criteria. We want more specific criteria should a issue arise. Like I said, we don't want to go out and police it. It's when somebody complains and says, "What's going on over here?" And we have we have to go out and keep an eye on say okay let's just go out but agreed to everybody there's delivery trucks all all day long if it's if it's not business doesn't matter right

when I get my to that to that fact I get my my stuff or my business delivered to my house because I'm not always at the business so I'll get it delivered to my house so so that that in that again goes over the five daily limit. It's enforceable on paper. It's understandable that you can enforce this on paper, but in reality to to in reality to enforce this five daily trips. We don't have the manpower to step sit outside say there was 10 complaints now that that person has to go and do that. So that's where I I I I just don't want us to box oursel up into that. And I guess we can discuss that further whenever we open it up, but just where I'm standing right now.

Yep. But that that traffic and that congestion that's in potential increased opportunity for for traffic incidents in a neighborhood. And let's say maybe you're really close to a arterial or a collector street where it can hold that higher volume. Great. But if you're way back in one of the canyons or at a dead end, you know, that type of volume uh could become a problem for a lot of the neighbors that also access that single way. So, you know, uh yeah, just got to look at the margins. And what you know you wonder what's rational. We do know just from best practices that obviously trips per day and traffic and traffic and parking is one of the bigger reasons you'll get a complaint

from a homebased business and if you don't have any way to moni to count that so yeah we can discuss that further. And then finally, uh, no signs may be erected or maintained. And that's consistent with most codes in purple there. And we have that same proision as proposed. Now, as far as the applicability of the home occupation code, it doesn't say where what district it's allowed. We assume residential, right? So that's how we've been applying it. But it other than that, there's only three areas of the existing code that the words home occupation come up. And that is under the manufactured home subdivision district. They identified as permitted uh permitted they identified permitted and prohibited home occupation uses. And then uh they are parking, loading and access requirement standards which we'll be discussing in the next agenda item. Uh storage of commercial vehicles and residential zones if they're related to home occupation is is in there. Uh and then finally medical marijuana related facility but not permitted as a home occupation. So those are the only points of discussion uh where that's that's identified and that's concerning. Um we want every residential district to have an allowed home occupation use. Right. So the new the proposed language you have here at the bottom flows into the bottom of this graph that is proposed uh zoning district applicability of all residential districts right now only R1 143 actually identifies it and you don't have any R 143 in your lot I'm sorry it doesn't allow except that's the only one that discusses child care but that's a whole another topic. So first of all we can hop into and we can

just go back and forth and discuss and um questions. Is there any questions to uh to anything but I think it's item five and six I guess because we haven't discussed five and six. Any questions on on that?

Uh Mr. Mayor and um everyone in the room I have uh District 5 has a lot of talented people. uh you name it, they do it. If they're talented, they probably are making a buck at it to be honest. And this is in residential neighborhoods. So, I have discussions and I've heard things regarding uh under prohibited uses, not concerns, but just be aware we've got people under three, four, and five that may be conducting business as a talent or a passion. And I I worry about u too much oversight and striking a balance between, you know, what's our balance going to be? Are we going to let uh homebased business in those areas occur? Are we going to hunt them down? I'm I'm not being radical. I'm just saying we've created an opening there for uh regulation. And so there's got to be a balance between someone talented and pursuing their talent, whatever it may be, and balancing that of the needs of the neighborhood. And as you said, Dana, there's not a whole lot of u uh public complaint about some things over the years. I get that, but I'm trying to strike that balance. What what's an issue to the neighborhood under three, four, and five? What's not? Um, I just I'm trying to be fair. I I don't want to to make our residents feel like they have to keep it under wraps because I I might have the regulation police coming after me. You see what I'm getting at?

Um, we we follow our talents. I'm a musician. I practice at home. If I have a band rehearsing, we keep it low and keep it in the garage or everybody wears headphones as an example. We're trying not to disturb the peace. So there's a lot of talented people in Globe and they're pursuing their interests and I just don't want them to feel that oh I can't do this or I have to have to work around it and keep the spirit of the community or the neighborhood in mind and and that's all I want to say about that issue. I'm done, Mr. Mayor. Thank you.

I mayor Council Councilman that is a great point. Uh let's talk about item number three, four and five, the prohibited uses. Item number three, the repair, reconditioning, servicing, or manufacturer of any motor vehicle, including automobiles, trucks, motorcycles, and boats. And again, this is a business as a business, not a hobby. Um that's that's probably one of the most commonly um prohibited activities on a single family lot or on a residential lot. Um certainly I think if you want to explore allowing that as a business um we look at criteria like where is this work being done? Is it in the garage? Are PRs being kept or parts in the yard or you know you would definitely want to put together a clear list of criteria because we that is one of probably the number one complaint like I said for

Okay.

All righty. Thank you. Um, item number four, uh, drop off, repair, fix it, or plumbing shops. That's a little weird. It's kind of similar to the prohibited or the permitted uses of like a number three and four dress making, handiccrafts. We could probably expand or say, okay, again, if you're, you know, can 20 people a day go drop something off and pick something up at a home? That's what you want to consider. And this is why we have the criteria that council lea uh mentioned regarding five lot cars like how do you start to at what point you say okay that's a lot of traffic you should probably get brick and mortar or do this someplace else but so that again that trips that's just like selling if they're selling something

uh okay at what point do we want to establish some criteria that's enforceable uh subjective langage like our current language is very forced, you know, pushed on the shelf, it's going to have a hard time in court possibly without being able to be definitive on what's going on, what that actual activity is and where it violates the code. So, yeah, I agree. There could be some uh we could expand some of those activities just know what is the expectation for trips per day. Again, this is by right, so it fits back or you could do it by conditional use permit if they wanted to do that. That way you can see where they're at. Are they at the end of a long long small undersized um roadway? um or are they accessible off collector stuff like that I think would be worth discussing uh to if you want to consider you know that allowing and then kennel storage care and grooming that's just always been one of those items because of the dog barking uh for the most part and the fact that they need to go outside

u at times uh okay how many animals right how do you start to regulate that most commun as a In fact, even commercial districts, many communities will say if it's a veterinarian with overnight stay or can they require use permits because of that potential for nuisance. Okay. So, that's my take on those three items and happy to continue to explore as well. Dana, the old code, those weren't covered. It was just the one paragraph that we saw that were seen home occupation. That's it. They weren't broke down particularly in the yellow. The yellow is the only thing that allow

list mayor and that's been one of my biggest concerns with this new policy that that they want to go in is we're boxing oursel and and future council into into this box and this council has ran on economic diversity and economic resilience and to say that this is the exhaustive list and this is it and the zoning administrator has policym authority to say yes or no versus this body. We're going to just be back here in 6 months. Then another council will be back here again. Then we're having conditional use creep where everybody has to have a conditional use. And there's nothing that says this is an exhaustive list.

That this is not an exhaustive list. I understand the keeping a neighborhood a neighborhood and keeping true to that, but using that language in there and allowing our residents to start something and grow something from their their home to become a brick and mortar. That's what we've all sat here and said over and over and over again. I mean, that's what we're we're making a downtown incubator for. And I mean, that's what we've done over and over again. I I firmly applaud everybody's time that it's taken to do this, but I think it's just boxing us in and leaving it to a lot of nos versus yes. I you know, I have

that's where I'm at, man. Yeah, I I have a a comment on one, two, and one, two, and uh five. I mean, firearms and manufacturing. I I understand that totally. Oh, yeah. Uh but there's also individuals in in the community that that are hunters that that do their own loading and do we want to over we don't want to oversight that either. So so I I can see manufacturing of firearms and storage would be a a a hazard to the to the comm to the residential area.

None of this impacts hobbyists. None of this impacts the somebody that's helping their neighbor with a repair car or they're helping their family member or they're helping their fellow hunter. they're doing this. These are for-profit businesses. These are people who who who in the future, like you say, should be in uh a brickandmortar. And hopefully they're they're working their way towards that. But but all of these prohibited ones focus on uh again the balance of uh protecting the the the neighborhood and the and the look feel. Uh do you want somebody hammering out ball joints at at 10:00 at night? Do you want somebody storing massive quantities of ammunition because they're selling, you know, hund boxes of a hundred in your neighborhood?

Are you going to say that's a hobby versus a business? Who gets to who gets to say that? And when we get to And when do you get to say that? And when do we become impact based zoning versus permission based zoning? I mean, now we're we're going into permissionbased zoning and per and getting really into the weeds with

again a a policy that is just so convoluted. So versus this policy that's there and just giving it a little bit more. We've now said no, no, no, you can't do this. We don't want this. We don't want this. We don't want this. But we're allowing these things. And I mean it it goes back to the tamalei guy. It I mean out of the trunk of his car. We we all had an issue with the tamalei guy. Don't go after the tamalei guy. And I mean so is that a hobbyist or is that for for business? And when does it become that? So if if if a a hobbyist does it for the love of the hobby, a business person does the work to be compensated and and I'm just pointing out to the mayor that your example of a couple hunters getting together is not what we're enforcing. Is not what we're after. We're after someone who's opening up a shop, who has a license to deal firearms, and who is dealing out of a out of the garage of a house where kids play and and the the neighborhood is trying to be there. Now, I just wanted to this is a tough issue and and I I I appreciate everybody what they're saying, but I just wanted to to make sure that we narrow the focus to for business reasons and not hobbyists. Um, and and I guess I'll leave it at that, but and I I totally get what you're saying about authority council versus the medical marijuana dispensaries, too. We we've we had a large issue with that and and I agree with that. You know, putting a residential area. Look at the what we've gone through with the one that was put up at bowling alley and the odors and and all the stuff that has gone up there and that has really caused an issue with all the neighbors above that place.

I mean, it's shut down now, but it caused a lot of issues in that neighborhood because of the smell from that from that manufacturing dispensary and that shouldn't have been put in a residential area. Agree. Yeah. First off shouldn't have ever been there. Yeah. Mayor, Mr. Mayor, go ahead, Mike. I really have trouble with number three. Uh I know several gentlemen around town who are retired from the mines that uh they learned their craft at the mines and everything and they they do services to the public upholstery and some small auto repair and stuff like that. And I just can't see us penalizing them because they're not making a bundle. Yeah. They're bringing like to do it,

you know. They they it's more of a pleasure for them to do it, right? They probably get paid. They do get paid for some of the work they do, but it's not a a humongous business. It's just a corner. They're never going to get a brick and mortar. No, no, no. They're retired. They're just doing it. And so, Mr. Mr. Mayor, members council, council pastor and and so then that's why Dana is talking about drilling down and saying, "Okay, you know, can I can I pound ball joints out at midnight uh in a neighborhood?" I mean, that if you're disrupting

that that says decance that dec I I think that that if if you want to go in that direction, then you say, "Okay, let's make sure it's during normal daytime hours or comfortable hours. Let's make sure uh doing upholstery and and painting lacquer painting a vehicle is two different things. You you can't control a paint shop in a neighborhood. We I've lived this fight here year after year after year. I think many of you know the the the the one that we're dealing with. And so that's why instead of all or nothing, we drill down and say, "Okay, let's say the things that are are the least impactful that the neighborhood were good most impactful." I think I think paint shop in a garage is not going to quite cut it cuz the smells and just as much as marijuana, that skunk smell versus the lacquer paint smell. Um, and then so so make make those kind of do that and and have council do the deep dive as you would if somebody brought that. You have you have wonderful people who are very conscientious of other people and then you have people who parts everywhere, smells everywhere, no no um uh respect for other people's peace and peace of mind, peace of quiet uh and and the look feel I I think that's why you need to kind of delve in and and be more surgical on if you allow it in in what manner form.

M go ahead. Yes. I think that if we're going to have a prohibited use, I'm okay with firearms manufacturing, storage, on-site sales, medical marijuana dispensaries, that shouldn't poss be in a neighborhood where kids are that should that should be in a bricker motor. There should be regulated there. There are things around that. So maybe that I don't know what the rest of the council feels but that leave that as prohibited uses but instead of a permit permitted use we can have those but then at the bottom have some language of this is not an exhaustive list and open to what this council has agreed upon uh zoning administration zoning administrators okay but policy set forth by the council and a clear pathway for them to understand that if they are denied by the zoning administrator this is your this is your option. you can go to council and and appeal it. I think rather than having this huge prohibited use and not this this verbiage of this is not an exhaustive list up there, it might like Councilman Gonzalez said, it might now I'm in my garage in the dead of night hiding from the public and doing whatever I want to do in my in my garage. And it that that leaves it open that we are not this big fun big brother saying no to everything that we are we want to be your partner. We want to come in. We want we want you to come in. We want you to build and we want to do these things with you. And now it's opening the door to city hall and saying come in let us help you. Let us figure out we have an economic development team that will help you and figure out if we can get you a brick and mortar rather than this.

I was going to kick it to Dana because Dana we you heard the conversation. Yeah.

Your thoughts. Uh so items 10 and six B106 analogous uses as above. I gotta say in my 30 years I can pretty much and I would always like you know explain it to oh there's a lot of things that people want to do and it's really helped to talk about those specific activities because then we can get into like the auto repair. We can't get into oh that's hammering ball joints spray other bang or parts things. So you can you can you can start to Oh, how would that be appropriate? You know, how what could we do to allow somebody to do that? We can we can talk about that. Outside of that, you know, you really a lot all the activities I'm aware of of this license that have been approved to date for occupations would fall under under those this place of permitted use. So, it's important to kind of just look at but we do have that flexibility with as determined in both. So we're looking for and you know it's a it's a science to look at and compare make a comparison of analysis uses and stuff like that. Uh I would so the process is if somebody says you denied my something or other that it doesn't fit in one of these categories prohibited or permitted well I would have to if I were to deny something it would fall into the prohibited uses right um more so than the permitted uses. I need to say, well, that's very close to this use. So, all right, that's the best. But, and then they their opportunity in zoning code is to appeal that decision. And we could put extra appeal language in here as well, but the uh appealing to the board of adjustment is uh the mechanism to dispute zoning administrator's interpretation. And you could, like I said, come up with another vow that's a little different. they go talk to planning and zoning commission people that do land use specifically so or city council and then I guess appeal to city council so there's other mechanisms that you can

look at there is something in place today obviously um what I would suggest though based on this conversation if you had a very uh more uh by the by the letter of the code zoning administrator um Okay. The current policy wouldn't allow most these or the current code allow most. Yeah, it's a good point.

Uh a secondary professional professional. That's very narrow and strictly enforced. You're not allowing much. So anyway, and like I said, that's one of the reason why this this came forward. Um and then so the next slide is just to give back to daycare. And Dana, I think I got one question now. And I guess and I think Jesse hit on some maybe time frames that we we look at that, but we also got to look at the nu the noise the nuisance of of vehicles cuz you know I'm a mechanic by trade also and you know I I don't do it for a business but I think people sometimes mechanics when they start um working you know late at night and and and leaving engines laying around the hard tires and and everything else. When it becomes a

an issue, a nuisance issue with not only the integrity of the residential area, then those are the things we need to address. We have people that have race cars and they're racing them. They're working on them at 10:00 at night and what do you hear? You hear those race cars. So, I think those are things we need to look at. I mean, just the normal small mechanic, I I don't think we should punish them the same as somebody doing it causing a nuisance in the in the community. If I could instead of like this prohibitive use having a what is it called? It's it's

no having like performance metrics. So these if you meet these performance metrics and you don't have this x amount of complaints over a certain amount of year, you can keep your business license. You can keep whatever you're doing. If you've now violated these, your neighbors are complaining and it's been three of them within a year or 6 months, whatever it is, just like a conditional use does that then now that triggers this where you you've now lost it for whatever that time period may be or you've paid a fine and having that metric there rather than this all-encompassing document here and just really instead of you know performance standards and because right now what we have is Sounds good on paper, but actually in reality, enforcing it is going to be hard. And I mean, unless your neighbor complains, and if and I think we leave it that way. If your neighbor complains and it's justified, then okay, it goes into it. You get a you get a letter, here's your letter, it's either a fine or whatever have you. And that way they're good neighbors. We we're still here helping econ drive economics, drive the city into what we want it to be, grow people into businesses. It's going to be a case by case situation

because I know a guy too, speaking of the the mechanics. Uh he's been working out of his little garage for years in a neighborhood and he just does it for extra money. He's a, you know, husband, wife, raising their kids. He has a a good job, but he also is a great mechanic. And people go to him and he works on their cars on the weekends or whatever or in the evenings. And I would hate to go to him and say, "Well, you you can't do that." Yeah. He's never had a complaint in his life.

And then along with the baking thing, I was going to bring that up, but I see that is number uh eight. So, I saw today on Facebook, single mother, four children. She's selling cinnamon rolls and sourdough bread to make some extra bucks. We're going to say she can't do that cuz 10 people pulled up. No, that's usage number eight. I know, but there's it's allowed use. An allowed use. So, what's allowed though? Yeah. If she if she has 20 cars pulling up to pick up their baked goods, are we going to say, "No, you can't do that."

No. So if people start complaining, we start to we go out and investigate. Oh, there are 20 cars pulling up here today. Okay, that's a lot of traffic and somebody complained it. We s but right now we're not having people complain about this. Correct. People don't right shame. I don't I don't I don't see how that would change based on the existing code.

People don't complain about they'll only complain about their neighbor when they're annoyed at something. And if they start to attribute it, you know, it's a repetitive situation that they attribute it to possible business, then they start to complain to the city

and then the city has to go out and do the metric with the code. this is, you know, and then if it happens again, that's how we do code compliance. It's not a heavy hand in any way, especially with respect to this, but that's just letting you know. I don't I can't imagine much of anything changing besides we allow instructional classes and daycarees and things that the current code doesn't allow but are still occurring in the community. That's my perspective.

And and Mr. Mayor, members council, it I mean it's tough to balance. We're we're we're blessed with a a a a fairly um uh good group of of people who are courteous to their neighbors and everything, but but we know every once in a while you get somebody that moves in and they don't really they don't they're not courteous and and then they come to the city and and you're like, why can't we do something about that person? And it's because we didn't have that mechanism. So, so just because we have a mechanism to deal with people who are in uncervious doesn't mean that we're going to blanket that across everyone. Um, and and that's the nuance. This is a this is a tough because you're right, the best way to handle every all of these is a case- by case basis, but then that gets overburden some too. So, we're we're trying to this this is a this is a tough issue. I think the main thing I'm sorry I think the main things are safety and and nu nuisance and noise you know like safety would be firearms medical marijuana we know is is a was a nightmare where it's at now and and kennels and dogs you know people don't want to hear dogs all night barking in your backyard either right

I hear it and I do too I do so whole neighborhood of mine does it do mine and it's their pets right I had that complaint today. Same thing. People with dogs barking all night long. Right. Yeah. You can do something about it. But it's difficult for something. This is This is all for discussion, correct? Yes. Yeah. You bet. No. All right. Thank you, Dana.

All right. And we'll move on to daycare comparison. uh existing code prohibitions in our ordinance uh again allow I mentioned it in the priorh slide RL43 that's res that's like rural residential acre lot which we don't have any for any properties that currently do they allow daycarees um with touches permit along with that practices daycare facilities subject to parking related restriction to maintain residential character. So even if this goes for 98 or a carryover, you know, that's that was that's still one of those that's that criteria again uh that's applied for activities in residential neighborhoods. Um the TR district discussions that's transitional residential that allows for office use, things like that. Um everything pretty much west of the broad street of US60 uh is is zone TR. So all the neighborhoods could basically operate a office and those are where you have some of the more restrictive roadways would apply for that. Yeah. But they do allow childcare center subject to the following. One proof that the center meets all state and local life safety codes. So there was a And again, that is also one of those fundamental criteria from occupation. You know, you're required to get all the licenses that are necessary to operate your activity uh in the TR district. And then the NSF neighborhood services zone district, which again is a transitional district in between a commercial and a residential or multif family zoning district typically where they have access to a collector street, direct access, and they can maintain uh more

traffic. You know, you don't have not a neighborhood necessarily that you're trying to protect other residents. It's a transitional area where you expect more traffic, more business activity, things like that. Um, so it allows uh permitted uses, beauty shops, daycare of less than 10 people um and other analogous serviceoriented uses or under with an approved conditional use permit a childare center subject to the following. again proof that the center meets all state and local life safety codes. So at present outside of the other commercial districts C2 and C3 these are the only districts that provide for child care daycare types of activities as I explained here. So, the proposed language is this. Uh, the daycare of more than four children and up to 10 requires an approved conditional use permit. So, you can watch four kids all the way along that are are not your own children in addition to your own children uh all day long. Great. Um child care of uh no more than four children under the age of 12 excluding a dependence of the occupant does not require zoning clearance. That's basically what I just said. They care of more than 10 uh children including dependent. the document is not permitted to home occupation. And a lot of this language is consistent with the statuto DHS and dees criteria u with some nuance but for the most part I did provide you uh I think exhibit um uh exhibit C in your packet are the state of Arizona child care licensing criteria. If you want to do it in your house, that's their criteria. And there's a couple different approvals. I am aware of one resident that operates,

they have a license. Uh they and under dees, they're allowed four children plus a couple more that are subsidized from what I understand. And yeah, so that's that allowance. Now, if that type of business came in for approval after a code like this was adopted, we uh it would require a use permit. And then In that situation, you're able to look at, okay, where is it? Is it back? Is it in a location where 10 people dropping off their kid in the morning and picking up in the evening could be, you know, next to other daycarees or something like that could start to create or other disease, business activity, home occupations could start to cause a problem. Okay, let's look at that. And again, that's how you start to regulate. And uh that statutory requirement has a number of other checks and balances including fire or inspection, annual inspections and certain fire code exit requirements, full safety type of criteria and other regulations.

Dana, I got a question. Yes. Yeah. I talked to several daycarees and and one of them has a a certificate dees at DS that has it. they they're they're allowed four compensated uh kids to be uh in the under their care, but they're also allowed an additional two that are uncompensated. So, how are we restricting them to four when they're allowed to have six? They know they're not yet compensated for the other two, but now we're saying they can have six, but the dees certificate says they can.

You could change that four to six. Um but we know that dees and the if you refer to exhibit C They explain the statuto requirements and if they present anything over four uh they they're required to leave this license and it's from four to 10 and that's they c or from 5 to 10 and that's what they c it. So yes that is a nuance I'd say if for some reason or somehow that license was issued great it would be illegal non-conforming uh just get used from it and say hey I live in I live in a location that doesn't have traffic and we're good we've been doing this hour long and um CNC improvements get appealed to city council.

But now we'd have to we'd have to require them to have a cup then over over the over the five or five to 10. Yes. Cap to 10

again. And that's because the state regulation in your packet exhibit C explains the state criteria. Yeah, you could just say we allow 10. Um I there's you won't see that in most other codes. I come across that they usually draw a line like four or five because they know the statute has extra additional requirements. Go ahead. Does this daycare provision apply to group homes for adults as well?

No, you have a separate code that you adopted about two or three years ago that's statemate mandated or group homes. Okay. And aren't group homes? They're not under uh certified under dees. They're certified under DHS. Correct.

I you know I don't know all the details of that. I'm sure DES does an enforcement arm of some of the DHS but this is way outside my area of expertise. So statute for group homes, uh there's a limitation on the number. Definitely not more than 10. I think it's like six or eight residents in a in a group home and uh and they cannot be closer than 1,200 ft to one another. I'm familiar with some scenarios where people bought more than one house on the same neighborhood in the same neighborhood because of affordability and converted them to group homes. So the state adopted statutes. There were other issues going on with group homes, but the state adopted statutes to start to um not allow for that concentration in one neighborhood. We know that's not that good. That will start to change the character of that neighborhood eventually other things. But yeah, and this proposed language also would then be inserted. Not this all this language is a reference that home home occupations are permitted or in this situation I think that's the only one home occations including daycare permitted for this that section that we saw on the last page in the R19 R16 and R2 districts so then provide legal avenue to have that activity based on today's code district or multi so that's it um Yeah, happy to continue to discuss or get proceed direction of these topics.

Any questions for Dana? No. So, we're going to bring this back, right? Yeah. This is only discussion and and for recommendation for us to look at. Um, obviously, there's some things to look at in here

uh for for the future and then we we open the public hearing, but I don't know. I for me, I think that there's some questions on some of them. I think five and six needs to be dealt with into deeper and I think that's something that hopefully we my recommendation to exclude five and six on this on this round so we can discuss this further and and understand it better. Y so but that that's just mine but we'll open that and then does council want to comment now or after the public hearing? Leave it up to you. Comment after public hearing. Yeah. Yeah. Let's do public hearing.

Uh, mayor, if I could, you brought up a great point. We didn't really dive into the instructional class ordinance or section.

If we could just touch on that, like you you just reminded me, oh, we need to dig in this. And I'll just give you the the background on that. Like I said, pretty much find it there. Instructional classes not exceeding five students at any one time for home occupations with more than one class per day. The site location shall be closer than 600 ft to another instructional lab. We're saying back to that topic we just discussed group homes. If you got you have a use that has a lot of traffic, you want to start to separate them in the neighborhood. You know, ideally the business is right on material to separate them. You want to consolidate. But anyway, you know, home occupation situation start to separate them just like the group home ordinance statute. Um the site location should be no closer than 600 feet to another instructional class home occupation uh structure or home occupation structure group home or similar homebased use with a separation requirement. So any other uses that do have there are a few others uh there are a few others that have separation requirement. you start to separate that so you don't have a concentration of certain activities in on one block that might have an impact on that on that on the property properties that on that block. In no event shall an instructional class generate more than 24 total daily trips to the residence. So this is the only time where we really say wow let's allow basically four times a single family residential trip demand to an activity. Um, it's exceptional. I haven't seen another code like this anywhere. Um, but the idea is, oh, we have people that want to instruct. We have people that want to do swimming lessons or teach people not at daycare with educational academic activities, an actual

instructional class or people showing up uh more than one class per day. Oh. Um, yeah, we will allow them up to 24 daily trips. So that's like three or four classes of five, which is pretty exceptional. Like I said, I challenge you to find a less um a less restrictive code anywhere or even close. But I said, thank you. But two different things, Dana, because childc care is dropping them off and then leaving. They're not having traffic. when you're doing say instructional swimming and you're doing students, they're there. They're taking up the park the the public parking within the neighborhood.

And so it's two different things. They're not, you know, daycare is not is not taking up parking. These instructional and now we're allowing five students for instructional. We're only allowing four for daycare. Yeah. It's an exceptional portion of this code. So I I have a comment along that too. what you said that it say somebody's given music lessons they're dropping the kids off they're not staying but if you're doing the same same thing the parents don't stay for that m quilting class or something

but it could be adult instruction where you have well they think more of children though cuz we had a home in my neighborhood where the this was years ago, but the lady top piano. I bet you guys remember that house up on uh East Street, big old white house in top piano every day after school. I don't remember how many kids she had there, but she had a lot of them there.

And and Mr. Mayor members council, I I think the the the 24 came out of the fact that that some instructional will have four or five um in a class, but they may have four different classes a day. So, it's a two-hour class. So, if you have your four people at a 2-hour class, you're locked in. You have the rest of the day that you can't have any more students. So, I I believe that's why the the trip total went up on that. So, for these instructional people, uh they can have different sessions. And what does daycare uh require or what's the restriction on that daily? Are we is there a restriction on it? That'd be a Dana

right on top there. Number five. No, it just mirrors the statute. It says what? What requires a dayare of more than 10 children. So if I could what second tier more diffult stop a daycare provider from saying they're an instructional class. If they've had the if they have the kids there five hours each time and they have six classes a day. It would be an instructional class and not a daycare provider at that point. Or education. Well, same thing. Yeah, education. Yeah, it's how you break it down. And

and one of the one of the providers that I talked to, they have a 24-hour dees. So, they could do it 24 hours a day. They they do daycare or instruction? Uh dayare. Dayare. 24 hours a day. And what happens to people? Um overnight activities. That's one thing, but there's a different reg staying emergency placement for DCS

and they have now seven kids and they're come home because they're in emergency placement. So at midnight DCS comes to somebody's home, the kids are removed and at midnight they're dropping off seven kids and that those seven kids are staying there. They are not a instructional class. They're not a daycare. They're an emergency provider for DCS. Dana, did you hear that question? Uh no, I heard I didn't hear the beginning of the question. I I'm not sure of the

So, an emergency placement for DCS, they get seven kids dropped off at midnight. They're not they're not a daycare. They're not in instructional class, but they have seven kids. And those seven kids get placed the next day, taken somewhere else, and then they get seven more kids the next day. What happens then? Are they do they are they supposed to get a business license? Are they not supposed to get a business license? They're getting compensated by the state. I don't know if they need a business license, but um yeah, it's activity. I would say under state law by the state, you know, they the state can

the chief might understand this question more. Dana, uh Chief Walters might have a thought on this. He appears to. Good evening, mayor. Good evening, council. your specific question, that's foster care. It's not daycare, right?

And because it's emergency foster care, having been a foster parent and took on four kids all at once. That's a common practice. Uh unless you start getting complaints or something, and even if you did get complaints, I'm not sure there was much that we're going to do about it. That's a state that's a state operation and it's it's uncommon to have it night after night after night after night, but it does happen and it's on occasion. Uh, so I I think that's not relevant to the home businesses discussion that you're having. Um, where it would become relevant is if you had someone that was want to do a group home or something like that. But something like what you're talking about, uh, it's a foster care issue and I I don't know that there's anything that we would actually be able to do about that one way or another. It's emergency placement for displaced children. So

I just don't want to get them into the weeds of this. Yeah. And I I don't think you would. I think it would be more of a if there became a problem or something like that that would just be a discussion that I would probably end up or someone that works for me would end up working with them in DCS and to try to come to a resolution uh to it. But it's not it's not a zoning issue. I don't believe it's no different than if your own kids came. Sure. Type of thing. They kind of treat it like they're now family. They're 24 families or whatever for Okay. for that. All right. Thank you. That's true.

The other question I guess is too and and I guess when we open the public hearing we'll have we have cards here for people to speak is I guess what do you do with a regulated daycare home and a nonregulated I mean if they're regulated they're they're certified through the state and everything they get inspected their home does but if you have people just doing it who who monitors that I mean there are safety issues along with that too. So Dana, do you want to take that? You want me to? Go right ahead.

Okay. So, so this kind of overlaps into another conversation that wasn't agenda tonight, but um I I would say in that scenario, a a daycare with a with a business license is going to and and our current uh business license asks us, are you in compliance with state, federal, local, county, health department? and and we have pe we're moving towards uh uh where the people will attest to that and sign saying yes I'm in compliance and so we would not be going out and enforcing daycare um health health inspection anything like that but the only time we would be involved is if there was a uh a violation that was brought to our attention and a a credible violation not just an accusation but a violation and then we would approach it as to someone um gave incorrect information on a business license and that would invalidate the business license because you said that you were you were square with the law with the law and you're not and so we deal with it on the business license end of that. But so so then that forces them to get right with the law and then they go take care of of their business. But um again that we we we need to uh ask that question and we take people at their word but if we find that they're not at their word then that's when we uh deal with the business license aspect.

Okay. Yeah. Fernando, go ahead. I was just going to say the regulations from the state though clearly state that anything for or under is unregulated. Unregulated. Clearly. Okay. It's unregulated. It's not regulated until they hit five. And that's does not include their own children. Yeah. Oh, really? Okay. Grand kids or otherwise? So, we ready to open the public hearing? I'm good.

Just uh just for the people in the audience, if if you want to speak, please fill out a speak card. Then that's only for our records, for our clerk to keep track of who's speaking and everything. Uh but I only have one card up here. So if you are willing to speak or comment, please fill one out and uh we'll give you the opportunity to speak because we have questions for you also. And Mr. Mayor members council, speaking at the item is not a threeminut limitation. It is a back and forth conversation. Yep.

So we'll go ahead and open the public hearing right now. And uh I have the first card up here is Kiana Thompson. Good evening, mayor, vice mayor, council members. My name is Kiana Thompson. I'm here tonight as a mother whose four-year-old child is directly impacted by ordinance 894. Under this ordinance, my child's preschool schedule is being reduced from four days from four days per week to two days per week with longer instructional blocks. That may sound minor on paper. It's not minor for a 4-year-old. Early childhood education's built on consistency, repetition, and short instructional periods. Research consistently shows that young children thrive with frequent, shorter sessions, not compressed schedules. Attention spans at this age average just minutes per activity. Learning at this stage depends on repetition across days, not endur endurance and longer blocks. Reducing access from 4 days to two is not a neutral administration administrative adjustment. It fundamentally alters how children receive early education. Zoning authority traditionally governs land use, traffic, parking, structural impact, neighborhood compat compatibility. It does not govern curriculum structure or how often children may attend preschool. By limiting the frequency of attendance, the city's no longer regulating land use. It's regulating educational structure. That distinction matters. Arizona law limits municipal authority over homebased businesses unless there is demonstrated congestion or substantial traffic impact. If there are

traffic concerns, they can be addressed through conditional use review, traffic mitigation, or enforcement of existing traffic laws. Those tools exist already. What should not happen is reducing educational access as a substitute for traffic management. I would also respectfully ask who enforces the scheduling restrictions. What metrics determine compliance? What do process protections exist for preschool providers? These are not small questions. Preschool is not simply a home occupation. It's a foundational education. At 4 years old, brain development is rapid and highly sensitive to consistency. When we compress access, we're not adjusting a business model. We're shaping developmental outcomes. I'm respectfully asking this council to exempt preschool programs from the scheduling restrictions imposed by ordinance 894 or at minimum pause implementation and re-evaluate its impact on early childhood education. We can protect neighborhoods without restricting children's access to education. Thank you for your time.

Thank you. I'm I'm confused as to where you you you read that we're restricting the days that preschool could be in effect.

So, because of the ordinance um specifically your section 14-6-11 and then the B6 that we've all been discussing tonight, those 24 total daily trips have limited now to what the instructional the instructor can provide and has broken um her previous schedule. So from going from I believe it was the five children every 2 hours. So you're getting 5 10 15 20 vehicles to her house, you know. Um that had to now be limited. Now we're dropped to my child is going 2 days a week for 3 and 1/2 hours at a time and that's where that that break is from. So, she dropped one of her classes because of this.

Yeah, absolutely. Yep. She dropped two classes in a week and can now only go twice a week. Asking that for my four-year-old to understand that schedule is it's heartbreaking. She's not understanding why she can't see her friends and why she can't learn. She's having fun learning. That's what this age is for right now. And that's now being taken away from us. So, so you're saying that the the limit of the day trips is going to limit the classes that Absolutely. And it is now. Okay. So, she limits it to five students at a time and then does six.

Now it's now now it's only two classes a day to limit to that traffic of the back and forth with each student. You know, was twice for one student is now dropped 10 in the morning, 10 in the afternoon. There's your 20. Okay. Yeah. And that's our that's our current code. No, the code right now does not limit that. This this she's it's a potential, right? She's preemptively doing it. Oh, okay. Okay. Okay. Mayor, uh, council members. So, in that I'm pretty sure that individual would have a daycare a dehare license probably and that I think it's

but she's not licensed as a daycare. She's licensed as a preschool. Preschool. She she's not licensed as a dayare. First things first. Interesting. Interesting. Uh yeah. So if it's strictly that and not daycare at all, you got to look at that. Um but instructional classes sounds like that would permit, right? Uh number six on the screen.

Is there you know some some type of verbiage to clarify 24 total daily trips? Maybe there's something that's not being clear with the with our current provider that hey, this isn't um 25 total back and forth. It can be 24 collectively, I guess, or something. That's what it is. Daily trips is to and from so that's limited to just the 12 children a day. So again, that dropped, right? No, no, no, no. Uh trips total. So one trip is back to that. One one trip is back and forth. 24 kids a day.

Can go back and forth. Maybe something to better verbage of that like clarification a daily trip is back and forth of one equal to one is one trip. Yeah. Round trip is one. Round trip is one. Yeah. Good. That's good to know. Thank you. Okay. And that would satisfy taking going from two classes back up to four. Yes, absolutely. And that four was the original the four has been as far as I have been living in this town and utilized her for my mother utilized her. Yeah. Okay.

Yeah. Okay. That's interesting. Good. Thank you. Any other questions? That's a good ask. Thank you. Thank you. We have Pam Kob wasn't going to say anything tonight, but I came up with more questions. So, I'm sorry. I'm Pam Troba. I live on Railroad Court. So, I don't think the preschool program should be instructional classes because daycare is educational

unless you have somebody just sitting children in front of a TV all day and then I have a problem with that cuz I do work with child care providers throughout Hila County. I deal with health and safety issues throughout of that. So I am helping quality first um programs improve and they are all regulated. Um so I don't think those preschool programs should have to worry about instructional classes. They should be under daycare but then again if we do that so she's unregulated. I would love for her to get regulated so I could work with her. But um she's wonderful and there's several really good programs that are not regulated and they are doing preschool an AM and a PM class or many more. Um and I think now that I'm thinking about it, so my question is a daycare um regulated DHS and like the one we've been talking about who is up to six, she is regulated under dees and that is a family child care provider and their regulations are under article 52. You can look it up online. Um, it's a lot like DHS, but it is a smaller family home. And so, are we saying that she is following the rules, but now she needs to come get a conditional use permit as well? Is that what we're telling her? Because that's a stumbling block for wonderful providers who are doing, you know, providing care in their home for kids. they are teaching their kids at a young age, whether it's an infant or a four-year-old or a 5-year-old, they are teaching them hopefully, right? Um, but you just put another stumbling block if we are now saying they have to come get a conditional use permit that I understand is $500 and it is a pain in the rear end to get regulated with the state of Arizona. Been there, done that. Um, it's good, but it is a lot of

regulation. You have a lot of inspections just to get started and then you have regulations and inspections every year and there's paperwork every month. So there is a lot that they go through. So why are we telling them, "Oh, by the way, now you also need to get a conditional use permit because we need to make sure that traffic wise, right, the traffic and parking would um apply to them, right? So now they could only have so many trips. And if you have the one that is regulated, she has six kids in an A.M. class and a PM class. Um, you know, so that's 12 trips in a day if you're doing daily trips. So I just we are in a desert. We do not have regulated child care here in this in this town. Um, and I think you're just putting another step and another roadblock. And I'd love to have conversations about that cuz I think we need to change that. But those preschool programs, they're not instructional classes. I disagree with that. So cool. Any questions,

Pam? The uh So, you're saying the four restriction, what's the allowable when you're saying that we're restrict is it six now? Is it because the one I saw was six,

right? So dees, the family child care provider um regulations, they're regulated by dees and those um because she can have four for compensation compensation and two that are basically scholarship. She's not getting paid for them. So that's where the six comes in. And that article 52 does address that cuz I went back and I was like, why does she get six? And and I do read that. Um that's why DHS the ADHS that is part of your packet is for um child care group homes and centers. So group homes are in a home but it's more kids up to 10 kids. dees is just for that family child care provider, you know, very small uh amount of kids that they have, but it they are not instructional classes.

And group homes, DHS under DS, do they require more than one one attendant, one one instructor? It depends on how many they have for those ratios. Yeah, it depends on how many kids they have in their care. What's the next you could have group homes? I believe it is up to 10. uh centers, you know, of course centers can have a lot more depending on how many classes they have and and employees, but then you're looking at like Head Start or Copper Rim or Miami School District. Those are centers. And it isn't the ratio one to five. If you have more than five, then you have to have two adults or It actually depends on the age of the kids.

Yeah. The older kids, you can have more of them. I have seen classrooms. I don't know how those dear teachers handle it in a center with that many kids, but they do. So, ma'am, question on when you say four compensated, two non-compensated, that doesn't that doesn't include their kids, right? So, it could be so. Yeah, I believe. So, don't don't quote me on that. I don't have the regulations in front of me. Well, everything you read says that your own kids are excluded. So, yes. Right. Um, any any more questions for Pam? Um, I got one more, but I can't.

So, you're you're not arguing that the preschool isn't teaching them. You're saying that it shouldn't be considered instructional because it's not like they're bringing cars and parking them there. No. While they're in class. Yeah. I mean, unless you want to pull those preschool programs out, you know, but here again, they're daycare and daycarees are instructional, if you want to call that, you know, an all day family home provider is teach they are teaching children, the youngest ones

and we want that, you know, it's part of your strategic action plan, right, is child care. So I think we need to do a better job at making that easier. Not not unregulated, not you know social sight sitters. I need a babysitter tomorrow. But we need to make it a little easier so that we can get more kids into a quality program and affordable. We definitely have a shortage of it in our community. Oh yeah, we do. We're definitely a desert. Yeah.

Yeah. The the only thing I comment I have two group homes in my neighborhood. I have one one daycare. Uh the I don't have they're not complaints, they're concerns on the daycare. Who would who would who would monitor that? They're concerned that they park on both sides of the street and have to cross their kids walk their kids across. Would it be something more safer if they turned around and parked in front of the house and left them off on that side? Is that monitored by the by the daycare? because um by state licensing uh that you know there are some you know I'm not sure honestly I mean that would be a concern um but I am not sure if that is part of like licensing going out and doing an inspection they do look at like a a playground and and uh can a car come crashing through into a playground you know they look at that kind of stuff I'm not sure about you know

drop off and stuff like that cuz in a culdeac I don't think it' be a safety issue, but if you're on a main door, Red Main Street, right, going both directions, that could be, you know, crossing, right? Yeah, definitely. Okay, thank you all. Thank you, Pam. Thank you.

No other cards. Chief, you want to comment? Mayor, Council, thank you and my apologies. I have not had a chance to talk to Dana or look at the actual ordinances and things, but I have several concerns. Uh the first concern or the first thing I want to state is I'm a big fan of homebased businesses. I had a a bed and breakfast when I was a deputy up in Page. Uh my wife raises chickens and I raise beef and and uh so I get it and I get some of the challenges with it. The problem is is I want to make sure that we adhere to the fact that it's not just the business that has a concern here. It's the businesses that are talking today, but there's other residents there. If I pay $450,000 to move into Council Member's Real's neighborhood in a nice house, uh, I don't necessarily want a homebased business next to me that's tearing down motors in the driveway until 10:00 at night. So, there's some concerns with that. The second thing is is this community is it's not the valley. It's it's incredibly dangerous on some of the roads that we have. like we don't necessarily want a daycare up on Fourth Street um because of just the narrowness of the road and the steepness of the grade and things like that. So, uh whatever we do, I'm in support of it, but I would like to make sure that there's some things in place that it's not just a blanket yes. It's we go out and evaluate and it should not be a blanket no uh to Councilman Leon's statement earlier. Uh but it shouldn't be a blanket yes either. uh we have to consider the the need for the other residents and what their concerns are and things like that. We have to go out and evaluate some of these if it's going to be a daycare or home based business that's going to have a lot of deliveries

or a lot of traffic in and out of it for whatever reason. Does the the road uh and the neighborhood actually adhere to allowing that to happen. The reason I bring this up, if we don't frontload this, then what happens is it's not zoning that gets involved, it's me. and I would rather not be involved with those. So, if we can frontload this where we're doing our due diligence to making sure that whatever the business is is going to fit within the neighborhood and there's already a an infrastructure there that supports that, that's fine. For some of the businesses that were brought up today that have been his here historically, I've been here for eight years this year. I've gotten no complaints on it. I I mean, there's no underlying issue for it. That should be something that we take in consideration uh as we move forward. Do I firmly believe that we need to address the the archaic zoning laws that this community has? Yeah. Um it needs to be addressed. I think council is doing its due diligence in doing so. And I think all the questions that I've heard tonight really go to that fact that you're concerned overall of of everybody's welfare within the community. I would just ask that whatever ordinance that we have, we put something and frontload. We do proper inspections to make sure it meets the criteria that we're going for it. What's going to alleviate problems moving forward. Second thing is I would give serious consideration to homebased businesses that have been here for years that are should be somewhat grandfathered in. We have zero complaints on them. We have zero issues and to go backwards on on them when they've been conducting business the way they have successfully for as long as they have. I'm just looking down the road where we're not having that type of conflict because that then impacts us.

Good point, Chief. I think it's just us, you know, and it's a difficult this because you're trying to balance it all out, but you do have areas that are more dangerous than other areas to have a lot of traffic, especially when you're loading and unload.

You were the fire chief for here a number of years. You retired as a firefighter. You know, more so than anybody else in this room, how dangerous and narrow some of the areas. We have issues right now in the neighborhood that has a very neighbor narrow road that I'm not sure, but I think the person has an unlicensed junkyard that has leaked off into the road and it's going to block the road. and we're dealing with that right now. You have that happen and it does happen. Um, so I I think a site visit should go along with when we start permitting this to make sure that it is what it is. My brother has a homebased business up in uh upstate New York. He's a he's a coffee uh he he roasts coffee and it's really good coffee. It's called Chatty Ren Coffee. It's on the internet. Just saying. Um,

but he's very conscious of the fact that, you know, when he does his deliveries, he does deliveries of coffee, uh, pallets of hundreds of pounds of beans at a time once a month. And he's very conscious of when he does it and things like that. Other than the traffic of him and his one employee roasting coffee, it's just him and and his wife transporting to the shows or doing home or doing deliveries or they're shipping it from someplace else. They're not getting a bunch of traffic in the neighborhood where they're at. most of the HOAs and things that are developed down the valley, which I think are somewhat problematic for particularly me and my brethren from Globe. Uh they were built that way because things went unchecked. Uh and we need to consider that uh moving forward because there's other people in the neighborhoods that that live there. That's their castle, too. And if we're impacting them negatively by allowing one person to do something, that's a problem. Uh, and it's and and that translates to calls for service and stuff for us. And that's just my thought. Like I said, I'm a huge fan of homebased business. I want them to be successful. This community was kind of based on that uh forund and some years. Uh but uh we do have to make some adjustments to make it fair. And I I just want to make sure that we're doing our due diligence upfront uh before we okay something or anything uh to make sure that it fits. Sorry, I'll get off my soap box. Thank you very much.

You're a lot. Totally agree, Chief. And I think they did that within, and this is off subject real quick, is Airbnbs. What they did in these communities that brought these Airbnbs into into these neighborhoods, and now they're destroying the neighborhoods. They're partying. They're they're destroying their their property. I mean, and now they're fighting. And now they're trying to pass bills to restrict them uh with these Airbnbs that are all over. Not in our community. I haven't heard anything but in in the city other cities I have heard

pine and strawberry last year I spent a lot of time up in or two years ago I spent a lot of time up in pace and that was a big topic of discussion uh it it's taken over communities and it's driven the the housing prices out of control where the people that actually work and live in the community full-time can't afford to live uh and then it brings a lot of problems into the community uh because of what they're doing. It's a great idea, but when investors come in and buy blocks of homes at a time, uh, and stuff like that, it becomes very problematic. So, uh, it went unchecked. Uh, again, this body, this council is doing the right thing to try to put some guard rails up to make sure that we're fair and equitable, uh, and we're looking at everybody's needs within the community. I just ask from my standpoint if we can frontload some of this stuff when we start going through review process that um zoning is clear on what they need and maybe we can go out and do some site inspections and stuff too uh to help out. My biggest concern is it's a 120 year old mining community and the roads were built for carriages and horses uh not heavy traffic and some of the older parts of the town.

Thank you mayor. Thank you councel. Thank you.

Any other comments or where we at? We got it's only for discussion. Thank you, Mike. Pointing that out. And we thank you for your input. It really helps us out to understand and really I think we need to speak to you the ones that actually do it

and how we come out with a fair process that and safe process for for your businesses and for our community. We thank you very much. Any other item B is a public hearing discussion and possible direction only no action on the planning and zoning commission's recommendation to Globe City Council and ordinance 895 a zoning codeex amendment to clarify the minimum parking lot paving standard and to provide alternate park lot parking lot surfacing criteria for sight specific condition case number ZTA250 502. Shelley, can you write ordinance 895? Yes.

Mr. Mayor, before you proceed, we need to close discuss. Oh, yeah. I'm sorry. Yeah. Well, and Mr. Mayor, like to close the public hearing for the the home home care or home businesses and then receive any direction or or finalize or or quantify um where we go from here.

Okay. So, we're going to close the public hearing under um home business. Uh what's the recommendation we want to move quickly? Yeah. What what direction do you want to give? You had spoken about taking peeling five and six out for a a separate discussion. Is that something that that this body would like to do or are you good with five and six right now as they are? And so what the what the direction would be to back up a little bit to to take this code and prepare it for a a hearing in two weeks in whatever fashion that modifications you want to make. If you wanted to to tweak four to five just as an example on the on the number of kids or anything like that. So we can bring it back just as it is for approval. We can uh ask Dana to to make some minor changes. We can't do wholesale changes because of the law. But I think we're talking about minor tweaks on this. Um and then the decision is do you want to deal with with um is it five and four or five or five and six?

Five and six. five and six uh again in two weeks or do you want to go back and do a a deeper dive and a deeper process? Just my comment like I said earlier is I think we need to spend more time on it and dig dig deeper into it. Um obviously the input from these individuals was vital. Um I don't I wouldn't want to rush it five and I don't mind looking at the other ones and passing them through to the following week, but as far as five and six, I'd like to Yeah. work on it a little more. What do you think? Go ahead. Go ahead. Um, so the thing that really stood out to me was the conditional use permit and it's $500. Yeah. Is it really $500 and a long process? Yeah.

Because they're already regulated by the state. So to me, I'm thinking if they're regulated by the state and the state says they're okay, why are we Yeah. Why are we button in? Yeah. And is is this for five and six? You're talking about five that they need to get five and six, I guess.

Yeah. And and that would be again that if if you if you carve out five and six and give direction to um hold those out of what we bring back in two weeks, leave five and six and we can uh look at because um we want to increase daycarees. We want to see more daycare. Daycare is a economic development issue. Daycare is something that we want to support and and encourage and and lower those barriers. So I I think the the the discussion would be around that. How do we how do we make sure that our code not only supports what activity is going on but encourages others to enter into the into the process. And and that's why I think mayor where you're going with looking at five and six as uh pull that out, not not talk about it in two weeks and then we can go back and and have a a more detailed discussion, more comprehensive discussion, but that would leave the rest of the code, the the other other ones that we would bring back. And if there's any changes you'd like to make to to those other ones, now would be the time to discuss that so we can have it uh fit your needs, your desires um in two weeks.

Yeah, Mr. Mayor, I I'm pro-child education. I've got several things in my life going on right now where it's vital that a child have as much support. U she she brought the term up a daily routine. Daily routine. And if you change that routine, then then the child is left wondering. That's that's the word. We we shouldn't stand in that way. And whatever we we need to do to make that happen and support it is what I'm all for. So they need some tweaking on that. And we should take a hard look at that. Yes.

I don't think we're far apart in the intent of what we're doing. I think rigid rigidity of what we're doing. I think that's what I have a problem with. And I think that, you know, I don't want a policy that just like blatantly says no to residents who aren't causing any problems. They haven't been causing any problems.

Yeah. There are no complaints that we can show that are causing problems. Um, you know, our job is to protect the neighborhoods, protect your neighbors, but also leave room for people to be able to work and build something from their homes. So making a code that protects residents without closing their doors for the residents that are doing something within their homes. So with like with that stated is the prohibited use. I think I said it before is it and making sure that it's not an exhaustive list that this is this this is what's prohibited but it's not this is not exhaustive. anything could be could be in in be okayed, but this is just a list of what we have currently. And I think that firearms and that and medical marijuana, I'm okay with it. I don't know what the rest of the council is, but that being prohibited use inside of a neighborhood,

right?

And but otherwise from that point, anything else could be okayed and it's just like chief said and we've all said, these roads are very small. just making sure that it's not going to cause a new nuance inside of your your neighborhood. It doesn't take away from the neighborhood's finesse, if you will. It continues to stay a neighborhood. I don't see why we're limiting one versus another 24 versus 10 and getting into that. I think it should just be a blanket. This is how many. This is 24 trips a day. That's it. That's what you get. And if you want more, then you come for a conditional use permit. And at that point then that the zoning administrator can say well 24 is a lot but what do you need more for? And do your neighbors do your neighbors agree. So I mean even downtown if we want to block off downtown we ask that the neighbors get the surrounding businesses okay and say make sure they're okay with it. Well then if you want to go more than 24 you need to get your neighbors permission to say that you're not causing a problem. We've we've asked that for businesses many times. So why why are we going to do something different? I think it's just crazy to say this one can have this, but this one can have that. And we're getting into like a business manual versus a zoning code. And so I think that that just having a blanket. This is where we're at. Don't cause a problem within your community. Keep it complaintbased. It's this is where we're at and and then having teeth to enforce that such as okay, for the first infraction, this is what your fine would be. For the second would be this. for the third your business license is gone and and for gone for how long is it gone for a year? Is it gone for two? Is it you know when does when do you get your business license back? Have you corrected the issues? And so having it something like that I think that goes into what this this council has always done and we want it we want to grow our economy. We want people to come up. We want startups to

happen and we don't want to be seen as a council that says no. and we're prohibiting this and we're taking a hard stance and saying no, you can't you can't have that dog. You can't you can't take your shears and cut your dog's hair and you can't tinker with your neighbor's automobile over here, but having it all business activity should cease at a certain at a reasonable hour and having that inside of there rather than their performance-based metrics. And so then you can say, okay, you are complaining about a business in your neighborhood. Have they done it something at 10:00 at night? Okay. They have there's performance-based metrics that we can show.

So, so Mr. Mayor, members, council and council leth I what I what I'm hearing and I'm just going to take a stab at this. I think that what I'm hearing is that we'd like to take carve five and six out, separate those, come back and and have a a a more comprehensive look. And then I would ask that that we've spent we've gotten a lot of input um through the past hour and a half. let us take a stab at those issues of um prohibited uses and how to how to thread that needle and and we can we have the tape. We can look back. We we know what we've heard and then let us try to put together something that is more in liking to what we've heard tonight. Bring it back in two weeks and we'll we'll look at it and see if we're close.

Okay. Okay. and and so action. No, I think something that Chief Walters said kind of struck me that and I think that is some some form of grandfathered in because you had people that have been running businesses for a long time. There's and the few I can think of are not actually in the city limits, but there's a a daycare and I know it's a residential area, but it's an acre and a half. They're not bothering anybody. people come in, the kids, you know, I'm like, "Okay, so why? That would make sense to me." I I know another gentleman who has like five acres. He has a huge metal building. He works on cars up there. He's not bothering nobody.

Leave him alone. Yeah. So, and you know, so to me, that's you know, and I and I understand that we want to have some form of ability to solve a problem and we need to make sure we create that ability. Yeah. Um but to to in when it's not needed or required and we're not helping anybody, it just doesn't make sense to me. Good. I agree. I agree. So, and Mr. Mayor members council and to Councilman Shiffley, I I think from the start PNZ and and council has has looked to to say if things are working well

and and the neighborhoods are happy, the our goal is is harmony in the in the in the neighborhood. And so those just by the nature have been doing well. Um and and I think we we've designed our code around that that we we don't uh go step into um you know uh somebody who was legal one day just like what we sorted out here with 24. I I would ask Dana to put change the wording from trips to round trips and that's just that's going to clear up. Another thing I know I've heard is the uh 600 foot for instructional care, but and I know there are two daycarees primarily daycarees that are are neighbors and they were concerned which they would but but again it's the nuance between daycare and instructional. Um and so that this the 600 foot requirement instructional would have no effect on those two neighboring daycarees that have been operating historically peacefully w with no problem whatsoever. So so I think we've gotten a lot of feedback. Um we will we will take that and and like I say put it together into uh something that that is more in line with with what you're looking for and then go back to the conversation.

Yep. Okay. So I think one and two we we agree that we definitely are against those. Three and three is is one with some five though is it says grooming of animals. How many people are grooming dogs in neighborhoods? I know a bunch. So they're not allowed to do that. No, I'd be prohibited at this point if we pass this. That's why I said I don't think that we need. We're going to look at We're going to look at five. Okay. Three, four, and five, right? Yeah. Okay. Yeah. Yeah. Yeah. I I can think of one right off the bat. Mhm. So can I. I bet you can. Bet you can, Paul. I know several of them that are doing Yeah, they're all There's like several. And then we have one that goes around to your house and and she'll just block up a whole road. She don't care.

Good. So, we're going to look at those. Got it. Yeah. So, now now I have my direction. We have direction from council to staff for us to to make uh to to address the issues brought up uh tonight and bring back something that is more closely aligned with with what we've heard tonight. See, I bet none of this happens at Apache Junction, right? There's a city. Hey, Dana, anything you want to add before we move on off of this? Sounds good. Thank you, Dana. Thank you, Dana. Thanks, Dana. He's not going anywhere. He's got the he's got the nice

and Paul as we move forward to five and six and we move it down the road. Um I think the expertise of the individuals we heard or more that we include those comments because they're the ones that really do it that they know about it. We don't well and and maybe what we can do when we come back um on on this is have a a thumbnail of a process. Okay. So to bring forward to you. Okay. Very good. All confidence in the world. Okay. I read item B already. Um, Shelley, can you read ordinance 895, please?

Thank you, Mr. Mayor. Ordinance number 895, an ordinance of the common council of the city of Globe, Arizona, amending section 14-7-3 C2 of the zoning code to clarify the minimum parking lot paving standards and provide alternative parking lots servicing criteria for various site conditions such as use, location, traffic volume, vehicle types, drainage, and other sight specific considerations. Is council pleased with that reading? Yes.

Thank you very much, mayor, council members. Similarly to the last agenda item, uh, planning zoning commission was hearing a request uh about a year ago, a little little less than a year ago, and um, uh, direct staff to go and search opportunities for alternative paving services uh, as an alternative to our current code. uh special. So with that, I'll quickly take you through this an older presentation, but it really summarizes the big picture. We really dug in deep and um I learned more about paving than I ever thought I would. Um but for the most part, I'll just try and summarize quickly. Uh purpose of the presentation was to explore alternative parking and paving options for flow. Um to explain the specifically how we result in the ordinance that you have before you. Um it's not related to any single property changes to the code apply to all properties in the city. Uh and then we wanted to identify what types of or what we learned was identify the types of uses activities that require certain different types of uh surfacing and why. So, our current code requires all commercial parking lots uh to uh have pavement designed by a professional engineer or meet a certain specification including asphalt, a subgrade, a subgrade, and then a compacted surface underneath that. It's kind of a typical engineering uh detail or standard. Um the city engineer uh then reviews and approves that parking lot service proposed parking lot servicing and city engineer utiliz recognized design specifications of product manuals and just obviously this is not a new uh

thing uh in in the in the world and there are definitely uh guideline standards for paving services. Um

our current code does uh specify two and a half ton vehicles or less though uh requiring a typical thickness aggregator base um and the proposed code and that's that detail I just mentioned uh that our current code specifies and then it also has a provision like most codes we researched or as otherwise approved by a city engineer. There's been a lot of other technologies that's developed over the years in different ways to in different applications depending on the use the drainage uh whether or not in a flood plane whether or not it's high use or low use or truck use things like that and is it accessing a major arterial roadway or you know business district that type of high volume uh type of land use. So all those things are are considered trips per day are one of the big criteria that are looked at. Uh and the type of vehicle weight um particularly for emergency access we know has to have all weather access and and uh a pavement that withstands a certain load could be 80,000 pounds stuff like that. Um so anyway, the city engineer does have the flexibility to consider alternatives. Um through this process, uh we recognize it would be necessary to help identify alternative types of paving and general criteria that might warrant their application. Uh so we quickly went through paving uh parking lot paving surfaces that concrete's the most resilient. We did pros and cons, asphalt, next best. Uh you'll always see usually in in urban areas concrete in front of trash enclosures because of the weight of the pickup trash uh collection with pickup would deteriorate that asphalt and start to start to rotate very quickly. Um

things like that are like that ADA access. Do we need to get a wheelchair across this? Is this ADA accessible route? So forth. Obviously gravel can't do that. Rough surfaces like chip steel and things like that aren't always the best. What can be striped? We know gravel can't really be striped and maintained if it's in a high use area or a medium use area. Uh chip seal can in the situation. Um, permeable pavers is an example that we've seen. It's the structural design and the detail involved and and um not necessarily much cheaper than a regular uh uh asphalt surface, but it does offer percolation if it's in a high, you know, flood zone, an area that needs to percolate more and and provide less run off into the roadway and so forth. And then finally, um we did see gravel uh could be used uh in areas like overflow parking yards, things like that. Um that you know can be maintained uh on a periodic basis by the company that obviously owns it, stuff like that. But and maintain weeds and all the other things that that uh go along with um gravel parking lots. Uh and most importantly keep that material um out of the road. Uh having tracking t material or having material dirt gravel wash into the roadway that ultimately ends up either creating un uh uh compromising the the surface uh for maneuvering and stopping and so forth. Uh as well as the sidewalk for pedestrians access or ADA uh access, things like that. And then ultimately can start to uh impact or create sediment in our storm water system, our drainage structures so

forth. So uh with that we did look at alternatives like I mentioned. Uh ultimately though the recommendation from the planning zoning commission uh was to um and it's just the language that's before you in your zoning code. We basically modified it um to kind of break out and be more specific to this criteria that I'm explaining to you uh to be evaluated by the city engineer by the design professional designing the parking lot or the person that wants to pave the parking lot so they understand what's involved, what kind of criteria is looked at and um allow them to make good judgment on what's appropriate in the certain application. The one thing we did recognize and realize is obviously a convenience store type of use or a quick serve restaurant, something with really high use off the highway is not a place for gravel. It just deteriorates issue long term, let alone the uh or short term, let alone the uh instability surface for ADA, our flood control needs, things like that. So um they also asked that we uh we point out there were a lot of additional criteria that was provided by the um city engineer for those different types of applications gravel pers uh chip seal things like that and their structural design manuals that are just generally accepted uh methodology for laying those. uh he asked that we have that referenced and I thought well the zoning code is not the best place to reference that but uh the city really you know the city has a number of uh transportation design standards roadway classifications for the different arterial collector local roadway details things like that curve gutter uh landscape all that fun stuff

um and landscape's a little less involved with and drainage uh land is less involved with with the civil standards So anyway um that said we should consolidate all those adopted standards today generally mag standard details uh in a single document including the paving methodology uh and options and uh standard design manual references that uh the city engineer uses to evaluate applications for for building services. So with that, that is the bulk of the that's the language that you have before you in your um packet under ordinance number 895, planning and zoning commission. Again, similarly to um the prior agenda item had all very similar meetings. They kind of ran parallel and this time both were discussed at the same meeting. Um similar advertisement advertisement if you will get to some way. So, with that, I'd be happy to bring up the language uh if you'd like to dig into the details um or let me know how you'd like to go.

Dana, yes,

Dana, let me uh I just wanted to to back back up uh just a smidge. We we had a like I say parking lots had been a a discussion point but the I I think in sitting through the P&Z meetings I think I think P&Z wanted to on a higher level give residents and and investors and and people who are doing construction city globe globe alternatives that are available somewhere other than concrete and asphalt. So you you have um uh the the gravel that's engineered and and has the geotech uh holding that you have um the different types of uh permeable stuff to allow the water to go in. So, you know, so we need more ground absorbing water so it doesn't end up in the creek and and just different things like that. I think that's what has come forward is a pretty good menu of options. Um so that that anybody building or investing uh developing in globe can look at at our code and say I have options I can pick what looks you saw the pictures of of very beautiful places using alternatives um uh materials and so it's so we're expanding over concrete as well. Fernando,

there is another pro though to pavers is that they're considered personal property and they're not taxed. The what? Pavers. They're not taxed because they're considered personal property because you can take them with you when you leave. But those are allowable. Yeah, they're allowable. But I mean that might be a something for them to know because if you improve your parking lot with concrete or asphalt, it increases the value of the property. Okay. Interesting. Jesse

have anything other than just a comment. I just want to thank planning and zoning and staff for everything they've done that you know we went from a code with no options many options and it you know and it took many many many meetings for this to happen. So I appreciate everything planning and zoning staff has done for this. Well thank you. Um, just a question. Does it address if they're in a flood plane flood zone, does that address it if that parking lot is is is are any of these allowable then even if it's in a

Well, it has to be engineered and so the engineer takes in in uh takes into account the location and the flow. Dana, I don't know if you want to help me with this, but but they need to make sure that that it drains. uh most most locations have to provide for on-site drainage and off-site drainage. So the the water that if you if you take water and capture it and won't let it absorb into the dirt, you have to have a place for that water to go so you don't put it on your neighbor. And and that's the requirement of having a civil engineer look at these things and make sure that you're not negatively impacting your neighbors and making sure that it's going to work. Okay. Because I think we all have nightmares from September still. So

Oh, yeah. What do how do we move forward with a parking lots? Yeah, that's a good point, Mr. Mayor, if I may. the I did a lot of note-taking um the week after uh what survived as far as our infrastructure is concerned and things were were tough

but the cement and the pavement even though they were floodways for a while they survived and that was a lesson I took away. We wish we had better ordinances before the flood, but now is the time to design them so that they will in another catastrophic uh do the job that I saw and that they directed back into the channel. Of course, there was a lot of damage. It didn't matter what was in the flood way. It was channeling water and it was destroying some of our bridges and some of A DOT's uh pavement and A DOT's bridges. But overall, the integrity was still there and the proof was in the pudding the next day after inspections were conducted. So it behooves us to to get a handle on future development of parking lots that they can survive and drain as needed. There were some that did not drain as well. The Elks parking lot is a really good example. We were lucky that that parking lot didn't wash away. We're very fortunate.

We've noticed that. Yes, I we've had discussions. We'll get back to you on that, mister. And the point being that uh we need that high standard and we're not we're not flat lands like the valley or safford. We are our own entities stuck in these hills and we need to enforce and design and engineer accordingly if we are to survive and move on. But there was infrastructure that survived. the the parking lots that survived, they were engineered and and the shining example is right over there, the new building across Circle K.

It was built at the high elevation. It survived. There's no damage to that particular building and the parking lot was just paved a couple days ago. So, it's designed accordingly. An engineer took charge of that and that's why we need this type of ordinance to uh be ready for that future flood. There will be another one, but I can't tell you when. Stay tuned. But the point being, we survived and the engineering that was in place helped us an awful lot. That's all I have, Mr. Mayor. Thank you. Okay. Any other comments before I open the public hearing? Okay, we'll open a public hearing. Do we have any comments or

I don't think we have any in the audience, but in line. Nothing on line. Nothing on the phone text and no one in the audience. Okay. Any comments? We've had multiple meetings on this. Dana didn't go through the list of but this has been vetted probably five times. So this will move forward to the next. Yeah. Yes. We because of the promised no action tonight. Okay. Okay. So I'm going to go ahead and close the public hearing.

Okay. And so it I I it appears to me that council is is comfortable with this. We will move it forward uh prepare it for final approval um and uh and bring it forward as presented in two weeks. Okay. So we have item C, consideration to rat. Thank you Dana. Thank you Dana.

Thank you all very much. Item C is consideration to ratify federal assistance grant application GF2661 0581 with the US Department of Agriculture USDA Natural Resources Conservation Service NRCS Emergency Watershed Protection Program EWP for an amount of 24,774,458 which includes a city of globe match of 5,4 $429 $429,230 Paul.

So, Mr. Mayor, members council, our our staff has been um on top of making sure that that our applications are timely uh that are complete, that we're submitting everything. I think we had over over a hundred different projects submitted in this. Um we've talked about this a lot. Uh due to the timeline, we needed to get this submitted uh and signed. So, I signed on behalf of the city. Uh tonight we're asking you to ratify uh that submission for us. It it does we like I say we are looking at um a $24 million uh contract. We have 220 days that has already started ticking. Um but we made great progress. We have the engineer underway. Um I think uh I think Eric gave you sheets on uh the number of people who we've already got signed forward on the um the right of entry. Now that's not construction. and that's right of entry. Not everybody may need a construction.

So, but we're but we're starting that and that process has gone well. We've had nothing but support from everyone. Uh it's been it's been wonderful working with the members of the public who are just understand and they're like, "Yeah, let me look at it and and I'll get it back to you." And they they are doing that. So, um uh this will get the the the first 3 million is the engineering and that is covered at 100%. The 21 million is for the construction and that is covered uh at 7525 and um and that that reflects the the 5.429 uh match. Um like I say, we we have many many areas where we're looking as to where to get that match and we will uh have more information as we go forward. We're no stone unturned. We we have options. Um, but I I I don't have a strong presentation tonight on on how we're going to make that match. But, uh, we will, uh, three things. We'll we'll find we'll either we'll find the money. We may value engineer this so we don't need to spend all 24 uh, which may lower the cost of the project or if if push comes to shove, we'll limit the project. So, uh, to match what we have as a match. But um but we will go forward with this and and we will um we've had to start on on this. If we wait to figure out where the money's at, we're going to miss the window. If we wait to see where the money's coming from, the match, we won't need it. So, we learned that and and again, I want to say how helpful Hila County uh their staff and um and Dimma, they've been working with us real close. Everybody has really pulled together. Miami, too. Uh so so we're acting as a unit in in these these things and we're we're sticking together and I think it's going to pay off in the end.

If we get the federal designation it goes to 9010 then it'll be 10% instead of the 25%. Correct. Okay. And if we run out of time and we don't do all of it does that I mean how do we judge that? I mean if we don't get to a point where we spend all that then then the money goes back to the government and we will have to complete that uh under a different contract andor uh different funding. So I don't see that as an option but we have to have a balanced budget. Uh we can't spend money we don't have and um uh like say we we'll start you know we'll look at everything. Mr. Mayor

I just have a couple things. This is a huge project. I want you to be sure and your staff has been doing this. Don't get me wrong. They they have been very conscientious. I want to be sure that upfront all the federal agencies are on board with the NRCS. I need to say that because I hear rumors that this agency doesn't approve or that agency doesn't approve of what we're doing. Please leave no stone unturned in getting the federal buy in from all federal agencies. I'm not talking DEMA, talking federal. There are many players in this act that we are doing and any one of them could possibly put a stop and we don't have time to go to court. My my concern is that we get this project done and that we deliver it and that we do it with the concurrence of the federal agencies. Is that clear, sir?

And and I I will tell you that got Mr. Mayor,

Mr. Mayor, me council to Councilman Gonzalez's question, we we are in good communication with uh with everyone uh and it's being coordinated. Um there is a fair question, do we qualify or not? And that's something that that uh FEMA will have to do. We we they they had an opinion. Uh we appealed that. We're getting a we believe we are getting a very fair shake and and we are putting our cards on the table. Um the the shutdown hasn't helped much. Uh so that may slow it down a little bit, but but I I think the the what at the end of the day, we will be treated right. Uh and and and like I say, there's uh the NRCS is independent of that. That is happening now. and and no matter what happens with FEMA, it does matter on the on the match, but but the work's going to be there. So, we we are uh working with ours with our organizations and and uh we are on the all on the same page and we hope the numbers uh hope the numbers balance out and they see that that it does hit their threshold that they require

and I think they will. That's all I have, Mr. Mayor. Thank you, Paul. Appreciate the staff's work. Any other comments? Should we have a motion for make a motion to ratify the federal assisted grant application GS266105081 with USDA NRCS EWP for amount of $24 million774,458 which includes a city of globe match 5,429,00024 $29,230. Second. We have a motion second for approve item 5C. Is there any further discussion? All those in favor say I. Oppos? Nay. Motion passed. Item six is action items. None late agenda items. None.

No. No late agenda items. Uh second call to the public. See here. Let me check real quick. Nope. No, Mr. Mayor. Scheduling of meetings. Um I think we're good there. Are we going to reschedule a meeting and Oh, that that'll be next. Oh, we Yeah, we Let us determine that. I think we're going to push the the second meeting in March back one week to the last week in March because of uh uh uh schedule limited uh DC trip to lobby for support for our flood. Okay.

Okay. Future future agenda items. Anybody have any? Like I say, we will be bringing back both of the the text amendments and um a plan to how we're will a process for looking at daycare and instructional uh changes. And I I there's more detail to it. I don't know. You're working on something that also ties into uh P&Z. So, we'll have to get together with Dana and with our attorney with Bill Sims to make sure we're we got a process that's uh will complement that. Okay. We got a motion to go into executive session. So moved. Have a second. Second. Motion second to go into e session. All those in favor say I. I.

And Mr. Mayor, there will be no action taken when we return from ET. Just thank you for attending. We appreciate it.