City Council - Regular Meeting

Thank you very much.

Thank you. Thank you. Okay. Thank you. Thank you. Thank you. Thank you.

Yeah, with the two pitchers.

Yeah.

That should be over that. That's what I'm thinking.

In a week's week, we'll see what happens. Before it should, I'm going to keep going. That's what I'm thinking. Absolutely.

Good evening, Tim.

Nice to meet you. Thank you. Don't be jealous. Thank you. Thank you. Thank you. Hi, how are you? you gotta go oh we go to me now I got Okay, four o'clock, everyone is crazy, you know, like crazy. Because otherwise I won't do it. Do you know me too? Do you click it for me or do I click it? I'll have to. Okay. I'll just tell you. Just give me a nod.

I'm pretty good at recognizing people. You're good at nods. I'm good at nods and hints and thumbs up.

How those moves doing? Well, my husband has a new zippity-doo-dah pole, so he has gone crazy at the house. Like, he couldn't do a thousand different things, but he decided to do that. It's like, whatever.

I thought I heard my name.

Michelle, we didn't have any problem with change or did you bring it up at all?

Yes, I can hear you.

Can you hear me okay, Maddie?

Yes, can you hear me?

I'm not sure. I have an extra pen out there, do you? My pen's in my outlet purse. No, I hear you. You're picking me up. I'm not muted.

Michelle, can you check in there? I'm not.

I see the diggity bag. Yeah, it's working. Andrew, can you say something so I can see if I can hear you? I got you. I got you. Okay. Ladies and gentlemen, welcome to your regularly scheduled Dunellan City Council meeting this evening. If you would join me with the Pledge of Allegiance.

indivisible, with liberty and justice for all.

Is there anyone in the audience who would like to offer an opening prayer? Anyone like to offer an opening prayer?

May or I will.

Yes, sir. Welcome, Joe.

Dear Heavenly Father and Mother Earth, thank you for letting us live, work, and play in your American Garden of Eden, which we call Denelin. May we be slow to anger, quick to understand each other, and give us the wisdom and vision to choose wisely as we work together. Guide us as we determine what's best for the city, the residents of our town, and everyone who calls Dunedin home, past, present, and future. In God we trust. Amen.

Madam Clerk.

Mayor Green. Here. Vice Mayor Hanchar. Here. Councilman Anske. Here. Councilman Lehman. Here. Shawna McLean, Finance Officer. Here. Chad Ward, Public Works Manager.

Here.

Ron Brown, Community Development Manager.

Here.

Michelle Leonard, Assistant Clerk. Here. Lieutenant Micah Moore, Marion County Sheriff's Office.

Here.

And City Attorney Andrew Hand is attending the meeting via Teams this evening. The agenda for this meeting was published on the city's website, City Hall Bulletin Board, on Wednesday, September 6, 2026. The agenda was amended on September 3rd to add minutes to the consent agenda and the budget message and summary on September 9th to update the budget message and summary.

Thank you, Madam Clerk. Is there any council comments regarding the agenda?

Yes, sir. If you don't mind, I ask that we... And it was my mistake on how I informed the city clerk regarding the America 250 celebration recap. I was having Roger from this county come and do the presentation, so I asked for... us to go ahead and put him up to presentations, possibly to everyone you all want to put him after. It would be fine with me if you're all right with that, Mr. Mayor.

I see no issue. Rex, any problem? Tim, any problem? Okay. We will call on you, Valerie, at that point. Thank you, sir. Okay. Any other council comments considering the agenda? Anything, Rex? Tim? No, sir.

Okay.

Okay. Are there any public comments on non-agenda items? These are items that do not appear on the agenda for the meeting tonight. Non-agenda items. Do we have anyone signed up? Mandy.

No, sir, I do not.

Is there anyone in the audience who would like to speak on a non-agenda item? All right. Welcome, Danny.

I'm Danny Hart. I was at a birthday party in Inglis this last weekend. And Inglis has a building somewhere around 4,000 square feet for the community that you can rent out. Really nice building. It has bathrooms, not port-a-potties. Really nice. A kitchen, full kitchen. It's probably almost 4,000 square feet. It's, I think, 250 to rent for the day. They make a couple grand. They clear a couple grand every year with this building. And then you look at Denellan, and they're trying to ruin people out of town, trying to make it harder for the citizens to do things. It's disheartening. It's confusing that the nailing is so below everybody around us. It's crazy. And then we're talking about making it harder. We've been doing this trend, making things harder, taking away parking that we should have, charging for parking that we got for free. I don't know. It's counterproductive. It's not on the agenda, so I figure I'll say something. It would be really nice to move towards serving the people of Dunellan. Of course, we're going to serve the people outside of the city, but that's also a paid thing. It seems silly that we keep talking about making things harder. Liability, liability, when you're insured like crazy for any event. And we're talking about liability, liability. Well, let's just close up shop and go with county. Let's just forget it if we're worried about liability that much. Let's just be the city we're supposed to. Be the small town that everybody wants.

Thank you.

Excuse me, Danny, I have a question. Yes, sir. I understand there was an incident at the DCVA this week with the parking?

There was this public comment. This is not going back and forth.

Okay. Is there an objection that Councilman Lambert be allowed to ask the question if it's something the council wants to hear? Do you have a problem with it, Valerie?

Just as long as it's a very, very, very short answer.

can this be done in a short probably not okay all right thank you i can answer it you already asked the question i can answer it quick sir we have a danny we can't go any further okay that's fine all right thank you thank you very much is anyone else like to speak on a non-agenda item

Shane Stevens.

I don't know if it can ever be done. And I know before me asking the question, there's a certain point that you have to stop and be like, all right, where do we cut the line? But as far as a boat ramp. i know for if you live in the city and you're a city dunn island city member you get a break i think was it 75 for the year to park and use the boat right 25. any better 25. but then you have people that are literally right outside that have been here for 40 and 50 years and they don't have that same opportunity. I don't know if there's anything in the future maybe we could look at, hey, if we expand besides just the city limit and make a, like, if you live within a five-mile radius of the boat ramp or of the city of Dunnellan, you know, you can go for that. I just think it's kind of sad that people that have lived here their whole life but don't live in the city limits can't take the same advantage that I always thought that. the fee should be more towards not tourists, but I mean people that don't really live, don't have a vested interest in this community or in this town. So you don't have to be a city, you know, somebody who lives in the city to have an interest into this town. I don't live in the city and I have a huge interest into this town. So I should be able to benefit from some of the things that everybody else in the city does. I know I don't pay the taxes and maybe that's the difference is not being in the city, you don't pay the taxes. So Maybe it's just kind of my own thing. But I was just saying that I've had a couple people come to me and ask about that. Like, you know, I've been using that program for 40 years. And, you know, now I have to pay full price. And why don't I get a discount just because I'm not inside the city limits? But that's it. That's all I want to say. Thank you, sir.

Thank you, Shane. Anyone else? Non-agenda item? Anyone else? Okay. We'll move on now to the consent agenda. Entertain a motion on the consent agenda.

I move the consent agenda be approved as recommended.

Is there a second? Second. There's a motion on the floor. Second. Discussion? All those in favor say aye. Aye. Motion carries. Is there anyone who would like to comment on the consent agenda? Anyone in the public like to comment on the consent agenda? We've already done that. Let's see here. Sorry, we should have done that earlier, but you had the opportunity, and I failed to give you that, but you did have it. That's my problem. We'll move on now to the regular agenda. Item number one, and these are presentations, and I will refer to our illustrious city clerk to carry out these proclamations.

Okay, the first presentation, I believe, wanted to be introduced by Vice Mayor Hanshark.

Yes, thank you, Mandy. We'd like to go ahead and recognize Commissioner Kathy Bryant, and we do want to recognize that her husband is in the audience this evening as well. So we would like to recognize you for your 16 years of civil service to your community. So if you would please come up. Oh, she's going to read this first to you. Sorry. You might want to sit down.

The Honorable Kathy Bryant, Marion County Commissioner, District 2. Dear Commissioner Bryant, on behalf of the residents of the City of Dunellan, the Mayor and City Council extend our sincere appreciation and gratitude for your 16 years of dedicated service to District 2 and Marion County. Born and raised in Marion County, you chose to make this community your home. After graduating from North Marion High School, you built your family here and devoted yourself to making the county that raised you a stronger, better place for future generations. Your 16 years of public service are a remarkable testament to your commitment to the people and communities you have represented. The demands of public service are often measured by votes and decisions, but the true measure is the time and personal sacrifice required to serve effectively. Since 2010, you have participated in more than 380 meetings of the Board of County Commissioners, in addition to budget workshops, emergency sessions, public hearings, and countless other meetings and obligations that extended well beyond normal working hours. Through your service on the Ocala Marion Transportation Planning Organization and through your numerous other boards and committees, you have devoted thousands of hours to the business of Marion County. Those hours represent an extraordinary personal investment in the community and in the people who entrusted you with their confidence. Your fellow commissioners recognized your leadership by electing you chairman of the Board of County Commissioners on five occasions. At the state level, your peers elected you as president of the Florida Association of Counties, giving you the opportunity to carry Marion County's voice to Tallahassee and advocate for local governments throughout Florida. Your leadership on behalf of home rule and local decision making has left a meaningful mark well beyond our county. The Florida Association of Counties subsequently honored you with its Presidential Advocacy Award, and you have continued your service through your role as Vice Chairwoman of its Finance, Tax, and Administration Committee. Here at home, we are especially grateful for your steadfast commitment to protecting the Rainbow River and the natural resources that make our community so special. When important decisions had the potential to affect the health of the river, its springs, and the surrounding lands, you consistently recognize the importance of responsible stewardship. The families who swim, paddle, fish, and enjoy these waters today and the generations who will follow will benefit from that commitment for many years to come. We want you to know that your efforts have not gone unnoticed and they are deeply appreciated by the city of Dunellan. We also want to thank you and recognize your family. Those who support and sacrifice made your years of public service possible. To Chad, your four children, and your nine grandchildren who know you simply as Gigi, We extend our heartfelt thanks for sharing you with our community for so many years. Public service requires sacrifice not only from the person who holds office, but from the family standing beside them. We hope this next chapter gives you the opportunity to enjoy more evenings together, more weekends without meetings and obligations, and more time with the people you love most. As you conclude this chapter of public services, please know, that the City of Dunellan will always consider you a friend and a valued member of our community. Our doors will remain open to you and your family, not as a commissioner, but simply as one of our own. We hope you will return often to visit the Rainbow River you worked so diligently to protect, enjoy the community you have served, and take the time to appreciate the lasting difference you have made. On behalf of the Mayor, City Council, and residents of the City of Dunellan, thank you for your leadership, your advocacy, your dedication, and your 16 years of faithful service to Marion County. We extend our sincere appreciation and our very best wishes to you and your family as you begin this next chapter. Walter Green, Mayor, City of Dunellan.

Thank you.

This one is the best one.

Thank you very much. Just to remind you of Cindy Panella and even her little mug in there. Thank you. Congratulations. Thank you. There's been a lot of things that

As we're going through this, people are bringing up, and you forget about all the things that we've done over here in Dunnellon and just throughout the county, so I really, really appreciate it.

Thank you.

Thank you, Kathy.

That would mean I'm gone for good, y'all.

Go play with those grandbabies. All right.

Thank you.

Can we go ahead and do, oh, I guess Constitution. Do you want to go ahead and do yours now? That way they can go ahead and get out. Roger, you want to go ahead and come on up? Yes, ma'am. Please, sir. For those who don't know, Roger. is with the county, Marion County. He and many, many, many others worked diligently on the 250 fire extravaganza that we had this year, the fireworks. We had it in four different locations, and Roger, and they were just amazing. They really spearheaded it and got us all to a place that – It was just one of those feel-good evenings that you just, just like I did in 1976, when I remembered sitting underneath the big flag down in Miami and the fireworks. I'll always remember this 250th as well. So thank you for the opportunity to, when you all asked me to serve, I was proud to do it. So thank you, Roger. I'll send it over to you now.

Thank you so much. Hearing all those accomplishments from Commissioner Bryant, it's amazing that she's done all this. She's only 21. It's wild. Thank you for having me. Again, my name is Roger Waddell. I'm a public relations specialist with Marion County Board of County Commissioners. And we have a slideshow, but are we having technical difficulties? I am. Oh, I hope not. It's really good.

Is it the PDF MCA 250 recap presentation? Yes, ma'am.

Yes, ma'am.

Okay. There we go.

Awesome. So, good evening, Mr. Mayor, Madam Vice Mayor, and our Dunellan City Council members. What a year it has been. When we began planning Marion County's America 250 celebration, we knew we wanted to do more than simply recognize a birthday. We wanted to tell a story. We wanted to recognize the people who came before us, celebrate the incredible community we have today, and most importantly, create something that inspires the next generation who come after us. And I think it's safe to say Dunellan and Marion County as a whole showed up. Throughout this celebration, we saw patriotism and community pride, history, education, Veterans being inducted into Hall of Fames, businesses and volunteers and local governments all coming together. It was quite a sight to see. Today we want to take a few minutes to look back at what we accomplished, and more importantly, what we created together. Because America 250 wasn't just about a series of events, it became a celebration of Marion County. America 250 gave us an opportunity to pause and remember just how extraordinary the American story really is. We honored the dedicated people who built this nation. We celebrated Marion County's unique place in American history. We recognized the sacrifices made by those who have protected our freedoms. And we looked forward to the future by encouraging the next generation to understand that they too have a role in writing the next chapter. This wasn't simply about looking backward. It was about understanding where we came from so we can better understand where we're going. Throughout the year, that message continued to come through loud and clear. America's story is still being written, and Marion County is part of that story. And that brings us to our next slide. If we had to put the entire America 250 effort into four words, I think that it would be perfect to say that these four do it. Celebrate, educate, honor, and unite. We celebrated our country, we educated our community about our history, we honored those who served and sacrificed, and we united a community for this historic moment. And that last one may be the most important, because regardless of where we live, what we do, what our background is, and where we may be from in this United States, a community came together around something bigger than itself. America 250 gave us a lot of those moments. And that brings us to the idea of legacy. A celebration like this does not disappear when the fireworks are over. The real question is, what do we do, or excuse me, what do we leave behind? That's the real question. We leave behind memories for families. We leave behind lessons for our children. We leave behind recognition for our veterans. We preserve pieces of our history. And we strengthen relationships throughout our community. That's the legacy of America 250. Not just what happens during that celebration, not just what happens during that celebration, but what continues long beyond it. Next slide. America 250 wasn't only about celebration, it was about reflection. Our America 250 praise gatherings gave people the opportunity to come together around faith, hope, gratitude, and unity. These gatherings reminded us that the American story isn't just about buildings, battlefields, and dates in the history books. It's about the values that communities carry forward. People came together, they prayed together, and it reminded us that even in the busy, sometimes divided world that we live in, there is still tremendous power in simply coming together as neighbors. One of the most important things that we can do as a community is remember the people who have served. The Veterans Hall of Fame allowed us to recognize local heroes, preserve military history, and inspire future generations. These aren't just names. These are our neighbors. They are members of our community who answered the call to serve for something bigger than themselves. And America 250 gave us an opportunity to make sure their stories continue to be told because freedom doesn't happen by accident. It comes with a cost. And we should never forget the people who paid that cost. And then we had Marion County Day. More than 10,000 people came out. That's not just an event, that's a community showing up. We had families, local organizations, activities and vendors, and people from throughout Marion County come together and celebrate what makes this a special place. Marion County Day demonstrated something we already know. But it's always exciting to see what can happen when a community comes together. Our residents are proud of where we live. And when you give people an opportunity to celebrate their community, boy, do they show up. The America 250 GAL gave us a chance to take a step back from the large community celebrations and have an evening dedicated to honoring our nation and the people who helped make Marion County what it is. It was an evening of celebration, recognition, leadership, and patriotism. And it also demonstrated what can happen when our community partners come together behind a common vision. The gala wasn't just about celebrating 250 years. It was about celebrating the people who are helping to write the next 250 years. Some of the most meaningful moments in America 250 was not necessarily the biggest events. Our PTSD walk was a powerful example of just that. This event helped break the stigma surrounding mental health care and reminded our veterans and first responders that asking for help is not a weakness, it's a strength. We use this opportunity to promote resources, encourage conversations, and support the people who have spent their lives protecting and serving others. And that's an important part of patriotism too, taking care of the people who took care of us. We also had the opportunity to connect Marion County with its history in a very tangible way through the Sir Francis Marion Plaque Dedication Ceremony. Working alongside the Daughters of the American Revolution, we helped recognize an important piece of our nation's history. Events like this remind us that history isn't something that only exists somewhere else. It's right here. It's in our streets. It's in our names. It's in our landmarks. And it's in the stories that have been passed down through generations. We have a responsibility to preserve those stories and make sure future generations know where they came from. And then came one of the biggest celebrations of all, Independence Day. Thousands upon thousands of residents throughout Marion County came to celebrate. We had the Patriot Parade in Ocala. We had activities at every single venue. We had a community willing to organize and work together. And of course, we had fireworks. But what made this celebration special wasn't just what happened in the sky. It was what was happening on the ground. Families were together. Neighbors were together. Children were experiencing that excitement of patriotism. And our community was celebrating together. And that's what you hope when you plan events like this. You hope people leave with a smile. You hope they make a memory. And hopefully, a child looks up at those fireworks and thinks, I love this country. I love my country. We had a very, very special event that occurred. We had a young lady who lost her dolly at the Bellevue location during our fireworks display. And amidst the crowd and all the chaos that comes with people coming in and exiting, this young girl lost her dolly. Mew Mew is what she called her. And Miu Miu was successfully returned to this little girl with the help of our Parks and Recreation Department. And we tell this story because it's not our biggest story of the year, and it's not something that is going to make a lot of headlines. But the importance of this story is Marion County cares, and we care down to the very last detail. And that's how much Miu Miu meant to her, so that's how much it meant to us to return it to her. So, with all this being said, none of this happens with just one department, none of this happens with one organization, and certainly none of this happens with one person. America 250 was successful because of partnership. Local businesses and volunteers, community sponsors, veteran organizations, churches, civic groups, and of course, the city and county staffers. People worked together. This celebration showed us what is possible when people stop asking, who's responsible for this? And start asking, how can I help? That spirit of partnership is something worth caring for long after America 250. All right, let's go ahead and go to the next slide because that is for Bellevue, thank you. And when you look at everything we've just talked about, I think it's safe to say we created more than events. We created memories. We created education, community pride, veteran recognition, historic preservation, and economic activity. But perhaps most importantly, we created lasting partnerships. That's the real story of America 250 in Marion County. It wasn't about how many events we held. It wasn't about what those events accomplished. A family made a memory. A child learned something about history. A veteran was recognized. A business benefited. A volunteer found a way to help. And a community came together. And people who may not have crossed paths otherwise stood side by side and celebrated the same thing. So when we look back at America 250, I don't think the question should be, what events did we put on? I think a better question is, what did we create together? And the answer is a stronger, prouder, more connected Marion County. And that is something we're celebrating, and that's a legacy worth leaving behind. I want to thank you all for letting me come here today, but I would be remiss if I did not recognize a few folks. The City of Dunellin and the America 250 celebration were made stronger and more meaningful and more successful because of the dedication and support of Vice Mayor Valerie Hanchar, Julie Mancini, and Danny Hart. Their willingness to step forward and give their time, share their talents, and work together to support this historic celebration truly made a difference. America 250 is about more than commemorating 250 years of our nation's history, but it's about bringing people together, strengthening our communities, and honoring those who came before us, and inspiring the next generation. Each of you played an important role in making that vision a reality in Dunellan. Your leadership and commitment and community spirit is a great and powerful reminder that great things happen when people come together things bigger than themselves. The impact of your efforts will be remembered not only through this celebration, but through pride, unity, and inspiration it created through the community. Thank you, Vice Mayor. Thank you, Julie. And thank you, Danny, for believing in America 250, believing in your community, and helping create something truly special for the people of Donella. Your dedication represents the very best of community leadership and enduring spirit. Thank you for your help, and thank you all for letting me be here today to tell you about America 250. God bless you all.

Thank you. It was a lot of fun. Thank you all.

Madam Clerk, can we move on now to 1B?

Y'all have safe travels back. Thank you.

Thank you, sir.

Thank you.

Okay, the next is Constitution Week.

That's correct.

And if you would like, Mayor, I can read this into the record and then you can present it.

That would be fine.

Proclamation number PRO-202605, Constitution Week. The Constitution of the United States of America, the guardian of our liberties, embodies the principles of limited government in a republic dedicated to rule by law. And whereas September 17, 2026 marks the 239th anniversary of the framing of the Constitution of the United States of America by the Constitutional Convention. and whereas it is fitting and proper to accord official recognition to this magnificent document and its memorable anniversary and to the patriotic celebrations which we all commemorate it, and whereas Public Law 915 guarantees the issuing of proclamation each year by the President of the United States of America designating September 17 through 23 as Constitution Week, and whereas the Rainbow River Chapter National Society of the Daughters of the American Revolution is locally sponsoring Constitution Week. Now, therefore, be it proclaimed that the City Council of the City of Denham, Florida, does hereby recognize the week of September 17 through 23 as Constitution Week and ask our citizens to reaffirm the ideals of the framers of the Constitution had in 1787 by vigilantly protecting the freedoms guaranteed to us through this guardian of our liberties, remembering that lost rights may never be regained. Pass and proclaim this ninth day of September, 2026, Dunellan City Council.

Do we have anyone here from the Daughters of the American Revolution? And I do see you.

I'm thinking that red, white, and blue back there might be the contact clue. I don't think so.

How about the whole week?

Thank you. One more. All right, y'all. Well, we're certified. Thank you. Who wants to be the bearer? I can be the bearer. We're so happy you're here tonight. Thank you. Everything you do is for our good. Thank you very much. Yes. Thank you. We appreciate you so much. Thank you very much. All right. Thank you.

It's not in the backup folder? It is. I just didn't, you know.

Madam Clerk, can we move on to the next item?

Yes, sir. If you would like, I can go ahead and read this into the record as well.

Okay, that would be fine. We have guests here tonight.

I'll be hoarse by the end of this.

We're putting her to work tonight.

Arts and Health Ocala Metro, to the Board of Directors and Executive Director Patricia Tomlinson, support for Arts and Health Ocala Metro and National Arts and Health National Arts and Health Initiatives. Director Tomlinson, the City of Dunellon, Florida is pleased to express its support for arts and health, Ocala Metro, and its efforts to advance the use of the arts as credible, evidence-based resource for supporting mental health, healing, and overall well-being throughout Marion County. The city recognizes the effectiveness of Arts for Health initiatives in improving mental health outcomes and acknowledges the important role that creative engagement can play in promoting mental wellness, reducing social isolation and loneliness, and providing accessible opportunities for healing, self-expression, connection, and personal growth. Arts and Health of Calumetro's initiatives have demonstrated meaningful benefits for individuals and communities, including reported reductions in symptoms of anxiety among patients recovering from addiction, increased feelings of belonging among veterans, and reduced nervousness among school-aged children. The city further recognizes the significant reach of Arts and Health Ocala Metro, which provides arts and wellness opportunities to more than 19,000 residents throughout Marion County, representing individuals of all ages and backgrounds. We also recognize that healthcare systems, veterans programs, and educational institutions, municipalities, and community organizations throughout Marion County are increasingly utilizing and supporting art-based approaches to enhance mental health outcomes, support recovery, and promote overall wellness. The City of Dunellan supports efforts associated with national arts and health to increase awareness of the important contributions of artists, healthcare professionals, educators, researchers, and community leaders who advance the use of the arts as a modality for mental health and healing. Therefore, the City of Dunellan, Florida expresses its support for Arts and Health Ocala Metro and for the continued recognition and advancement of arts-based approaches to mental health and well-being throughout Marion County. We believe that recognizing and investing in better mental health through accessible community-based initiatives benefits all residents and contributes to a healthier, stronger, and more connected community. Sincerely, Walter Green, Mayor, City of Donnellan, Florida. One more time Walter.

Thank you very much. Appreciate it. Thank you for all your hard work. OK, now you can sit down. Now you get to read more, Mandy. Okay.

Well, ladies and gentlemen, we'll now move on to our quasi-judicial hearing statement. Madam Clerk.

All witnesses addressing the City Council in these quasi-judicial hearings will be asked to limit their comments to the specific subject being addressed. Witnesses should disclose any personal interest or relationship and any business, professional, or financial interest with any individual, group, project, or proposal regarding the subject matter under review. Witnesses should always err on the side of more public disclosure, not less, in order to provide integrity to the public process. Testimony will be limited to three minutes per witness unless the applicant, staff, or affected person requests an extension of time. A request for an extension of time will be considered by the council to assure all parties have a full and fair opportunity to participate without undue repetition and delay. Public input is valued by the council. However, in order to foster mutual respect, personal comments should not be directed toward council members or staff. Members of the public shall refrain from interrupting the speaker at the podium. At the conclusion of the hearings, the City Council of the City of Dunellan will make a decision whether to approve the applicant's request. All witnesses will be sworn in and will testify under oath. All persons presenting evidence will state their name and residence address for the record. All documentary evidence will be marked as an exhibit and maintained as a part of the record if accepted by Council. After each witness testifies, any Council person may question the witness. The owner is entitled to cross-examine each witness after his or her testimony and shall do so by asking questions of the witness or can rebut the witness's testimony by presenting contrary testimony or documents after a witness testifies.

Okay, we'll move on to item number two in this procedure. Quasi-judicial hearings. Quasi-judicial hearings application PZ-202-60003 by David and Sandra Dykstra. for variance VAR 2026-01 from the dimensional standards requirements in Appendix A, Article 11, Section 6.2 for R3 zoning minimum lot width requirements. It is now, 5.49 p.m., and I close the regular meeting and open the quasi-judicial hearing to discuss application PZ20260003 for variance VAR2026-01 notification to applicant and adjacent property owners on August 20th, published on the city's website on August 19th and in the Riverland News on August 28th. I now ask the city attorney to swear in the witnesses. Is there anyone wishing to witness in this proceeding?

Thank you, Mayor. Will anyone who will be presenting testimony on this matter please stand and raise your right hand? Under penalty of perjury, do you propose to tell the truth? You're about to. If so, please state I do. Thank you.

Michelle. Is there any council member who has individually have anything to disclose, ex parte, of this communication?

The only thing I will say is that I do know the Cowan family for majority of my life, but I've not talked to them about this situation. But I just wanted to make sure more is less or more is better.

Okay, Rex? Nothing. Tim? Nothing. I, too, have known Paul all my life, and we've both gotten old together. But I know this issue has come up, but we've not talked about any of the proceedings. Madam Clerk.

At this time, ADA will present the staff reports.

Good evening, Mr. Mayor and Council Members. O'Neill Yalazari with EDA Consultants. We have a PowerPoint presentation, and I believe that you have the staff report in your backup. Mandy, if we could have the PowerPoint, please. Yes. I'd just like to give you a little bit of background on this application. This was supposed to come before you in July of this year, And EDA took over this item at that time, and it has been delayed. It was delayed in getting to the Planning Commission until last month due to a number of reasons. First of all, when we took this over, we discovered that there was an inconsistency in the land use category and zoning on this property that we had to discuss with the city attorney. Secondly, the form that the applicant had been given to fill out was an older form and not the correct one. We remediated that and have the correct application now. There was a discovery that we made that in addition to the variances that the applicant was requesting, that there was a problem with the minimum lot width. Can you hear me better now?

Hopefully.

And then fourth, we work with the city attorney and the applicant and the staff to try to resolve all of these issues, and we were able to get to the planning commission last month, and we are here before the city council this evening. Next slide, please.

Trying to do too many things at one time and lost my place.

What you're going to be seeing is a map of the property, just to let you know. So outlined in the red is the applicant's property for which they're requesting the three variances that you're going to hear this evening. You can see that the lot has a somewhat irregular shape. And it is a narrow but deep lot. If we can go to the next slide, please. Some background information. The request is by David and Sandra Dykstra. They are property owners of parcel 3380-1128-00. Currently, the property is vacant. The future land use designation on the property is low density residential. The zoning designation is R3. Currently, these two are inconsistent with each other. The property owners have owned the property since 2003 and are now wanting to construct a home on the property. Uh, the narrow lot in the irregular shape constrained, uh, the buildability of, uh, buildable area on the property. So the issues that we saw were first of all, the future land use category, low density residential and R3, which is a multifamily zoning district are incompatible per that table within your land development regulations. This incompatibility issue impacts several parcels in the area. And I'm going to, in the next slide, ask you to go all the way back to April of this year when we talked about this incompatibility in the area and how we tried to resolve it with the comprehensive plan update. Development orders cannot be issued when there's an incompatibility between the zoning and the land use category. The parcel does not meet the minimum lot width requirements for the R3 zoning district. And if we can go to the next slide. So we came up, again, working with the staff and the city attorney on some solutions. First of all, we need a solution for the LDR and R3 incompatibility. And in the proposed comprehensive plan update that's up in Tallahassee now being reviewed one more time, that solution was that for several of these properties, and Mandy, can we briefly go to the next slide, please? If you may remember, when we discussed this in April, all of these parcels were being proposed for the residential high future land use category to match that R3 zoning that they had. But we came up with a compromise future land use category of residential medium density for these parcels. And the Dykstra parcel is one of these. So once we have the comprehensive plan in place, The inconsistency will be resolved because the medium density land use category specifically mentions that R3 will be an implementing district for it. If we could go back to the prior slide. Thank you. So again, we resubmitted this up to the state. And just to give you a brief sidebar here, we know that the state received it. We received a confirmation that their comments are due back to the city on October 19th. And we have tentatively planned for an adoption hearing of the comprehensive plan on November 9th. So we should be able to resolve this with that timeframe. The applicant amended the variance application to add a request to reduce the minimum lot width to resolve that problem. And again, we saw this. So there are three variances that the applicant has applied for. One is to reduce the minimum lot width requirement from 100 feet to 96.5 feet. Second one is to reduce the east side setback from 10 feet to 7 feet 8 inches for the house. That would be the principal structure. And then reduce the east side setback from 10 feet to 4 feet 8 inches for the air conditioning and generator pads. And I'm going to go into more detail, if we can go to the next slide, on each of the variance requests. First of all, The minimum lot width for a parcel is not measured at the front property line. According to the land development regulations, the minimum lot width is measured at the setback, which is 25 feet back from the property line. And so in order to meet that requirement, the applicant is requesting that the lot width be reduced to 96.5 feet. The next slide, please. And these are the side setback variance requests. Again, it's on the east side of the property, reducing the minimum setback from 10 feet to 7 feet 8 inches for the house and reducing the side setback for the air conditioning and generator pads from 10 feet to 4 feet 8 inches. Next slide, please. The land development regulations specify six findings that the city council has to make concerning a variance and approving it. And I'll run through these because these are the findings that you have to make. One is that special conditions and circumstances exist which are peculiar to the land structure or building involved and are not applicable to other land structures or buildings in the same zoning district. Two. The special conditions and circumstances do not result from the action of the applicant. Three, granting the variance requested will not confer on the applicant any special privilege that is denied to other lands, buildings, or structures in the same zoning district. Next slide, please. Four, literal interpretation of the provisions of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district. Five, the variance granted is the minimum variance that will make possible the reasonable use of the land. And so, for example, if the minimum lot width requirement is 100 feet, the applicant is asking for 96.5 feet because that will give them the amount that they need. They're not asking for 50 feet. They're just asking to reduce it by a modest amount. And six, the grant of the variance will be in harmony with the general intent and purpose of the ordinance, meaning the land development regulations. And such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. And next slide, please. We, as your planning consulting staff, analyzed each of these findings or requirements and came to some findings. First of all, that special conditions and circumstances exist, which are peculiar in this case to the land. First of all, this is a, an irregular and narrow shaped lot. The lot narrows very quickly from 107 feet at the property line to 81 feet. Other lots in the area are generally wider and more rectangular in shape. Second. The special conditions and circumstances do not result from the action of the applicant. The applicant bought this lot in 2003 in its current condition. They have not changed anything. They have not reduced the size of the lot. The proposed house is consistent with the width of other homes in the area. The HVAC and generator pads can only be placed in the side yard due to aesthetics. You don't want to put an air conditioner pad in the system or the generator at the front of the house, and there is a pool in the backyard which prohibits the availability of that. Three, granting the variance requested will not confer on the applicant any special privilege that is denied to other lands or buildings or structures in this district. Single family dwellings are in allowed use in the R3 district, so they're not asking for anything unusual in that regard. The parcel is surrounded by other single family dwellings. And another property owner with a similar lot issue could apply for a variance. Fourth, literal interpretation of the provisions of the ordinance would deprive the applicant of rights commonly enjoyed by properties in the same zoning district. First of all, again, single-family dwellings are allowed in the R3 zoning district. Secondly, the surrounding properties again have single family dwellings on them. Requiring the minimum lot width and side setback would prevent the applicant from building a similarly sized home to those that exist on neighboring properties. Fifth, the variance requested is the minimum variance that will make possible the reasonable use of the land. The applicant has requested the minimum variance for meeting the minimum lot size, lot width size. The request for the east side setback is the minimum needed to place the mechanical equipment and the side setback reduction for the principal structure is the minimum to accommodate the proposed house width at that location. And last, the grant of the variance will be in harmony with the general intent and purpose of the ordinance, and such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. The request is in general harmony with the R3 zoning, which allows single family by right in the district. Surrounding properties to the east and west are zoned and have single family on them. And the proposed house size and location are not detrimental to the public welfare. Again, the size and the location of the house are fairly common in that area. This was heard by the Planning Commission last month. Their recommendation was to approve the variance to reduce the minimum lot width requirement from 100 feet to 96.5 feet and to not approve the two east side setback variances. The recommended approval of the variance for the minimum lot width is again with a staff and city attorney recommended condition, and that condition is that the effective date of the variance would be the date the updated City of Dunnell and Comprehensive Plan becomes effective. So if you approve the variance, either just the minimum lot width variance or the three variances as a whole, the effective date would be the effective date of the City of Dunnell and Comprehensive Plan when it becomes effective. And we anticipate that being in the month of December. I am happy to answer any questions or comments. The applicant, Mrs. Dykstra, is here this evening to answer any questions that you might have also.

Okay. Thank you, Amelia. Valerie?

Not at this time. And just one clarification. Did you say that the meeting for our one would be October 9th? I'm sorry, November 9th. November, okay. I was thinking that was a, okay, sorry, that's not really truly relevant, but thank you.

No, what I think I said was October 19th is the date we will hear from the state about comments or objections. Okay, sorry. And just as, again, a sidebar, we've received two letters from reviewing agencies, and they had no comments. So we're getting closer here. And then once we hear from the state on October 19th, the next scheduled city council meeting would be on November 9th.

Okay, sorry.

And then just to, again, sorry, a sidebar. Once we have the ordinance on second reading, there's something called a notice of intent that the state has to issue, and that is issued 45 days after the second reading when we send it back up to Tallahassee. And coincidentally, that 45th day would be December 25th, which I consider the greatest gift for the season. But, again, Mrs. Dykstra is here, and I'm happy to answer any questions.

Okay. Valerie?

Rex?

Tim? Thank you, Amelia. We'll move on to public comment now. Who would like to speak first? Yes, ma'am. Ms. Dykstra, welcome.

Hello, I am Sandra Dykstra. Do you need the 15937 Lakeview Drive, all that stuff? Okay.

From Buchanan, Michigan.

And I would like to be a part of this community. It's wonderful down here. I'd very much like to be here. And I would like to do that in harmony with my neighbors, very much so. So with that said, the first thing I'd like to say is, We bought this lot 23 years ago for this moment, hoping to retire here. And, you know, we spent the last 23 years paying our taxes and saving our money and looking forward to this day. And so in order for us to proceed any further, we would need the variance that would allow us the 3.5 feet of variance with the lot width so that it would be a buildable lot so we could build on it. The Planning and Zoning Commission did recommend that last month. And so we hope that you will recommend that also. The second request on my variance request, when I was writing it, I didn't understand so thoroughly the minimums and much that I understand more now. So the Planning and Zoning Commission recommended against that, and I have no problem with that. I see the rationale behind it. So the extra two feet of house is not even a question. I expect you will vote against that, and I would understand that. The third request is a little more important because it involves air conditioning, and you can't build a house in Florida and not have air conditioning. I understand that the generator aspect of that has been an issue, and my neighbors will have their opportunity to talk about that. And if I could get in front of that, I would just love to assure my neighbors, if granted all I am looking for is a place to put my air conditioner, I don't need a generator that bad. I am not interested in upsetting my neighbors. I want to live in peace and harmony with my neighbors. So while that variance reads that I need a place to put my air conditioner and my generator, I am not installing a generator. I'm installing an air conditioner. That would be part three of this variance request. The reason we are putting it there, I will get into that a little bit. The reason we need the variance to put it down is because the shape of the lot and all of that. And I wanted to say a little comment about putting it there, why we chose the east side of the building. It's standard building practice that HVAC condensers are positioned as close as possible to the electrical box. Apparently, this avoids routing refrigerant lines, electrical conduit, and other things through other parts of the home where they were never designed to go. You really wouldn't want to force mechanical equipment into areas they're not designed to go, you're going to have problems later. So that's what we're trying to avoid. That's what we would love to be able to install. We would love, if granted, if we are able to build in this community, we would love to be able to just put our air conditioner next to our garage. That is the hope. And I hope that's what you will approve. And so it looks like on December 25, there will be a really nice Christmas present. Otherwise, we will work with you on whatever you decide. But I thank you for hearing me. And I also look forward to hearing from my neighbors. I really want to hear what they have to say, because I want to live in peace and harmony in this beautiful community. So thank you for listening.

Valerie, do you have any quick concerns?

Sorry. I just want to make sure that I heard what you said. Yes. The two feet, you're willing to shrink your square footage by two feet, correct?

Right. There are those three items. Number one, can we build? Number two, can we make our house a little bigger? I want to dispense with that at this time.

Okay. So if we, lack of a better word, shrink the size of your home by two feet, that means that instead of asking for four feet...

May I enter? I don't want to go too far down the path when it's not accurate just yet. Okay, that's cool. So the home, and my home builder is actually here, so he can actually speak to this if you have more strategic questions, more specific questions. The home that we're trying to build is 60 feet, and we have 80 feet of buildable lot. We need 10 feet on each side for our side yard setbacks. So we have exactly 60. So what I was asking for originally was 62. I was asking for two more extra feet of guest room or whatever. And I want to dispense with that at this time. I now understand that that does not meet. There is some criteria, I think it's number three, about the minimum variance request. And it does not meet that. And I understand that. So I would like to dispense with item number two. But item number three. Even if our house stays within our 60 feet of buildable space, we just need a place to put our air conditioner.

Okay.

So that is what item number three is about.

And that is the 4.8 feet.

Yes. And it says 4.8 because at that time... we were doing all the math based on 60 feet of buildable lot. And then if we were to get those two extra feet, it would be 62. And then an air conditioning pad. Those numbers kind of don't matter anymore. What would really happen is 60 feet of buildable house. The air conditioner unit is 35 by 35. And you've got to put it about a foot away from the house. You really need a four foot concrete pad. You need to place a four feet concrete pad, which would reduce it by four feet. It's a 10 foot side yard setback reduced by four. So it's six feet of variance is what I'm actually requesting. That's what we would require.

Yeah, four feet. You're looking for four feet. So you would have a six foot barrier, setback. Thank you. You'd have a six foot versus a 10 foot.

Yes. And I would take this moment to point out that a concrete pad is just that. And it doesn't have any height. It doesn't block any view. It doesn't take up any vertical space. It just sits on the ground. And it doesn't run the length. It's four feet by four feet. It doesn't run the length of the property. And frankly, you wouldn't really see it at all. It wouldn't be a visual clutter thing at all. It would just be a place to put my air conditioner.

And so the noise level, wouldn't it be different at 10 feet versus six feet?

Not discernibly different. Today's air conditions are very efficient. I'm sure if you think about it, all of us have air conditioning. And no one's ever gone in their house and thought, gee, I wish I didn't have to hear my neighbor's air conditioner. Because you don't. You don't hear it. So that is our presentation. And I think my neighbors probably would like to respond now. Thank you.

Rick, do you have anything? Tim, do you have any questions? Okay, Mr. Ashby, thank you. We'll go on now with public comment. Paul, did you have a comment?

Paul Callen, Jr., 201-01 Short Tower Way. My house is the one to the east. The only thing that I look back on is the discussion that's been in this city for many, many years. Variance changes what the rule is. Zoning says there's a 10-foot setback. that's what should be the setback and with no variance an air conditioning unit can go on the roof i mean or the house can be made smaller to fit the lot my house that is two doors down that i built years ago was 40 by 40. That was the house I lived in. Their house, their building is 60 feet wide on an 80-foot lot. So that's where they should fit is in the zoning. What the city has set forth is what it is. And I don't want to listen to an air conditioner. I didn't want to listen to a generator. It just works out that way. I mean, follow the rule like everybody else has to. That's how I look at it. And my mother is 94, and she don't want to listen to an air conditioner all day going on and off in 100-degree weather. Thank you.

Can you hold just a second, Valerie?

And I'm just trying to gather. Can we do the aerial view, if you don't mind?

Sorry about that.

Okay, so on this picture, and this is what I haven't quite figured out yet, where would the air conditioner be?

Right there.

So the air conditioner is going to be back here? Ten feet. Well, no, no, no, no, no. And I guess, and I'm sorry, I'm asking where is the air conditioner going to be in location to... To your mom's house.

No, to your mom's house. Well, the right is the roof of our house on the right.

Yes, I understand that part.

And their house is going to be as close to the lake, I'm sure, as they can put it. I don't know. We don't have a plot map to work with.

So the site plan shows.

The site plan there? I don't see anything.

This is the lake. That's the lake. And then here is where the pad is. So I don't know, like a third way down.

So about 150 feet back is where the air conditioning unit's going to be approximately, if I read that right.

And it would further offer that. Okay. So it's going to be 75 feet back from their house where the AC unit will be. Is that what I'm understanding? Yes.

Paul, so would that make a difference to you, sir, if the air conditioning unit's not going to be near the house?

Give me the plot map again. That one.

Mr. Chairman, I interject something about a site setback. It's not just for an air conditioner.

Well, you could, but I think we're trying to resolve something, Tim. Can you wait just a minute until Paul has a chance to see what he asked to see? Paul, do you see what you'd like to see?

I can't locate where my house is with that because I don't know exactly what the footage is for our house off the lake.

I honestly don't know.

And so the variance is 10 feet. The code is 10 feet, so that's why I'm saying it's 10 feet. Everybody else has to live with that in the town. Everybody that's there, the house that's right next to the west of them, that house used to be, Cycles built that house and has sold it since. They're 10 feet off the line. They had to live by that, too. So I understand that it's an 80-foot lot, but it was an 80-foot lot when they bought it.

I was just – you see where my question – I mean, you know where I was coming from.

I understand it, but I can't – I'm just dead set on what it is. I'm not going to take the chance of – Okay. None of you guys would want that for you.

Yes, we're going to get into that. We've got a councilman that wants to make a comment, but I wanted to kind of clear this up with what you were trying to see, Paul. I know maybe it's not as clear as we'd hoped. I can see this, I just can't see that.

I know we can't see together.

I don't know if you're trying to compare your home to where this home is located.

I can't tell where mine is, and that answers Valerie's question.

Amelia, do you have anything that has to do with that?

Adam was able to measure off the aerial that we had, and it's about 80 feet down from the lake.

Say that one more time.

Maybe put up the aerial again. So, yeah, there's a scale down here, and I've got a laser pointer here. Yeah. About from this point over to here, using the scale, it's about 80 feet from the property line to the corner of that house. So it's right by the little house, which is the back end of the... And is this a pool here? Yes. Yes.

The left side. I'm not looking at that one. I'm looking at this one. But it's to the left of...

Thank you.

But as you can see on the west side, that house is back from the line. And the one that's next to that one is the one that I built, and it's 10 feet, on 10 feet. Kate built the house for me.

Valerie, anything else?

Mr. Mayor and council members, I just wanted to reiterate what Mrs. Dykstra said. The house itself will meet the setback. The only thing that she's now asking for is for the air conditioning pad to be, I believe it's, if we measure, the difference is six feet away from the property line.

Anything else, Valerie? Rex? Now, Tim, please.

You got it. If a setback goes from 10 feet to 8 foot, 6 foot, regardless of number, I don't think it works like you've got a 10-foot setback, and then where the air conditioner goes, it's going to be a 4-foot setback, come back in, and a 10-foot setback. Once the setback is set, I'm just going to pick a number, six foot, eight foot, that whole thing is six foot, eight foot, and at that point anything can be put in within that setback.

May I make one?

I want to clear something. So let me see if I understand, Tim. You're talking about if the house is set up with an eight-foot setback. Take, for instance, an eight-foot setback. All right. Once the house is completed, then an air conditioner pad and an air conditioner could be located within that setback?

Well, the setback is 10 feet. Okay. So everything has to be within that setback is my understanding. House, air conditioning, whatever it is. If the setback is reduced to 8 foot or reduced, I think we're talking to 6 foot in this case, then that gives, we'll use 6 foot versus 8 or versus 10, that gives 4 foot along that whole property line that will be varianced, if I'm probably in the right term, that anything can go in. It could match.

You could match that same distance, what you're saying along the whole side of the house.

So now I can put a generator in, I can put in anything I want in that space and be only six foot away from the neighbor's property.

I understand what you're saying.

And, Tim, I understand where you're coming from, and I would say yes, and I look to our experts as well. I sold a home on the Rainbow River, and it was that exact same type of issue, and they gave only, and I don't remember the number now, two feet, three feet, four feet, whatever that variance was, and it was literally $4,000. only that section of the how, of what was needed for. In other words, it almost kind of went like this, Tim, like doot, doot, doot, and then it was all back to 10 feet. So I don't know if that's... That sounds pretty convoluted. Well, the convoluted was... And that's not what we're getting. The convoluted was of Marion County. But that is a thing that has happened in my experience. So I would ask our experts if that's a... a real thing. Because I understand your point exactly that if you give that extra four feet, it would be, and you're thinking it's the whole way down. So I understand that.

Mr. Mayor and council members, I would ask the city attorney to weigh in on this. If the applicant is asking only for the variance for that specific purpose of the air conditioning pad, can that be specified in the variance? Or would the variance be that for the entire length of the property?

issue with the criteria with delineating a very specific setback, you know, waiver under the variance. Not so much a waiver, but variance. Pardon me. I don't want to confuse the two.

But, you know, making that very clear and limited, I don't see that being problematic given the coming development.

Does that answer, Valerie, that answers what you were talking about with the county specs?

That it happened, yes, at the property that I had.

Was there anything else that you had on that? Just... Rex? Tim, we'll go back now. Is that a problem? I think that clears up what you were pointing out about the use of the property on that entire length of that east side of the house. He's talking about it could be specified and that's going to be a legal term to do that. Right. And that's under you. No, I understand. Okay. All right. I just want to be sure we're all on the same page. Thank you. Okay.

Mayor, may I ask a question?

Yes, ma'am.

Andrew, would that, if it's the six foot setback variance is granted and it's for only that portion of the side yard where the air conditioner pack will be installed, will that be

described in the development order would we have to amend the development order to i'm just wondering how that's addressed from education you could direct uh your planning consultants to be a bit more specific of that to clear up that the variance is for that portion only okay yes um

And to answer that further, EDA could write the development order with specific language which limited that side setback variance only to the size of the air conditioner pad for that location on the east side.

Okay. Paul, you still have the floor if you have any other thoughts.

The only thing that I can think is it says right there in the proposal that there are no special things given to this person who is asking for the variance. And this is special. It says right there in the proposal. And nobody else gets it.

I mean, I know that variances have been given within the city for people that have needed setbacks where, I mean, there was one over in Nine Island Cove one time where the people, because of the property layout, we had to give a special variance for the railroad track that had been there. So they went up, they went back. I don't remember. It was 100 years ago. So, yes, variances have been given. I know we've had variances on properties that have been so small in the city because of the way they were platted back in the day that we've had to give.

There's 80-foot lots all over Granada.

That there were variances given. So they have been, maybe not in recent years, but, yes, there have been variants. I just want to make sure the public knows it's not that we always say no to everything, that we have given variances in the city before. So I just want to make sure that's a statement that's recognized.

My point was this is a special consideration.

They usually are.

Going right around, not for me.

Yeah, no, I got you.

For the diatrist.

Yeah.

And it says right in your proposal that no special privileges have been given.

Right. No, I understand, but I just want to make sure that everybody knew that they have been. We have given out variances before.

Greg, do you have anything? Tim, do you have anything follow-up?

Yes, I just have one thing. The way I understand whatever the six elements were that had to be followed, if this variance were to go through, then basically we have set precedents, and that can be done anywhere. So at that point, the 10-foot setbacks don't mean anything.

Can I ask the attorney to... talk to that?

As far as precedence?

Yes, sir.

The thing with the variance is that it's given for a unique situation and it is not precedential. Okay. You know, that being said, and it certainly is not precedential, but there are similar circumstances, and I'm sure that, you know,

All right, thank you. Anything else from council to?

I just got one more thing.

Go ahead, Tim.

I don't see this as being the issue is not because of the uniqueness of the land. The issue is because of the size of the home that somebody wants to put on this particular property. I understand your point. Does anybody understand what he's talking about?

Okay. Paul, did you have anything else at this point? That takes care of it for me.

I just hope that you all make the right decision as far as variances in the city of Dunn-Allen. Okay. Thank you, Paul. Thank you, sir.

Ms. Doxford, would you like to follow up, please?

Why, thank you.

I thank Tim for bringing up the fact that – Without the special language, it could have been quite a sticky wig at giving me extra room all the way back. And that is not what I intended. And so I'm really glad that you brought that up. And that can be made really specific in the language so that no abuse can occur, not by me or in the future. Also, I wanted to say that... One of the items in the variance application is that literal interpretation of the provisions of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district, and under the terms of the ordinance would work unnecessary and undue hardship against the applicant. And so that is what I think I am facing here, literal interpretation without allowing me to place my air conditioning unit by the electrical source in the garage. is what would make it a hardship. Could it be placed somewhere else, as Paul has brought up, on the roof and various other things? Certainly. But it would increase cost. It would probably impact the effectiveness of the unit, taking care of it. running refrigerant lines where they don't belong. It would be more complicated, certainly. Those are things that I also want to say would create hardship for me. But in addition to that, I do not think that it is particularly special. Paul had brought up about special conditions and circumstances. I don't think it's particularly special that I'm interested in having air conditioning nearby my garage like all my neighbors do. I think that is a privilege that all my neighbors enjoy. And so I don't think allowing me that privilege is more than my neighbors enjoy as well. So I just wanted to mention that.

How wide is your air conditioner? How wide is your garage?

It's a two-car garage. And for specifics, I could ask my builder who is nearby.

The actual garage, that 16-foot garage door, so they're 20-foot wide.

So it's a normal, basic two-car. I was just wondering if we could shorten the garage by two feet, or four by two. I don't know.

Width, you mean?

Yes, sir.

We're talking about width. Well, anyway, you've got space for two cars, and you come down 18 foot, now you're done.

Gotcha. OK.

It wouldn't be a two car anymore.

I'm just trying to think of something to satisfy everyone and not give the hardship to you. I mean, I understand. Just trying to think outside the box.

Yeah, thank you. Did you have any other questions?

Okay, thank you, Ms. Doctor. Thank you. Is there any, were you sworn in, Joe? Yes. Okay, you're welcome to speak. I didn't notice who all got up when it was time. If you were sworn in, you can speak.

Justice Henry, go 989 West McKinney Avenue. I have nothing against the Dykstra's. If they could get me Lenny's autograph, I'll drop my objection immediately. I look at this as we spent, Mr. Cowan and I, At least an hour, a council member was present at the planning commission where we discussed through Zoom all the things that were involved in this particular setback. My main objection is whether you're creating a generator noise that would affect people on the lake, or whether you're putting an air conditioner a little close to somebody else's house, There's no need for that. In fact, if they were to possibly suggest moving the property further back or putting their air conditioner pad in front of the house, they'd solve this problem. We're not talking four feet. We're talking actually five feet, four inches of variance that you're requesting when city regulation is 10 feet. And I understand that if we change it from 10 feet for the Dijkstra's, we won't have to change it to 7 feet, 8 inches for the Smith's. However, since the house has not been built and it's not a post... application, there seems to be plenty of changes that could be made that wouldn't tick off the neighbors and would still comply with the regulations. For you to vote that they can have this particular pad is saying all the work that the Planning Commission did when this meeting was in August, I believe, that you're throwing out their recommendations after they discuss it in great detail. Like I say, this is nothing personal, but I don't like the idea that we have a rule on the books saying, I want my neighbor to be 10 feet away from me, and then when somebody comes up and says, well, my house, gosh, I'm... I want my house bigger than the other houses, so I want to encroach on my neighbor's property. I don't think that's a precedent that you should be willing to authorize, particularly after all the trouble the planning commission and the lawyer and EDA went through to determine all the facts involving this particular case. So I, again, it's nothing personal, but the objections based on a 10-foot regulation in place And you're saying it's not a precedent that will cause other people to do it, but if you allow it once, well, it's going to stop other people from wanting to do it. So I object strenuously to this variation. Okay, thank you.

Thank you, Joe. Anyone else that was sworn in wish to make a statement or any follow-up? Yes, Ms. Dockstrap. Okay.

I would say that you're not setting a precedent because it does require variance in a very specific examination of a case-by-case basis. and that what's to stop Mr. Smith from applying for the same thing, Mr. Smith would have to go through what I've had to go through, and that is the cost and the time that I've had to put in to get to this moment. So there is a process in place, and if the next person, my neighbor down the road, wants to go through the process that I've gone through to get here, then that's available to them. And then you would consider it on a case-by-case basis. So I don't think there's going to be a rush to abuse this if it were approved. I would just say that I think there's enough items in place that you have to go through that people don't take it lightly. There's application fees, and there's a lot involved. So yeah, I just wanted to respond. I don't think there's going to be a rush of people wanting to abuse the system. And the idea about where to put it I would like to reiterate that without putting it where it is, manufactured and for mechanical safety and for high efficiency, without putting it where it is supposed to go, there will be additional costs. To me, there will be additional inefficiencies. I would also like to speak to efficiency and say that, again, I don't think anyone And I'm pretty sure 75 feet between houses is a great distance, more than most of us enjoy. And I don't think anyone has ever heard their neighbor's air conditioning turn on unless they were outside in the backyard at the moment it turned on. So I just don't think the noise element of today's efficient air conditioners is an issue. We have land. We have a fence. We have more land. We have open air. There's a lot to disperse the noise. But with regard to your issue about will this be abused, there's a lot of safeguards in place to make sure that it wouldn't be. I would put that back to the council. And thank you for your deep consideration of this matter.

We take it very seriously. Every issue that comes before the Planning Commission and the council, you can see how serious we are about this. Okay, thank you, Ms. Dockster. Anything else?

Unless you have questions for me, no, thank you. Any further questions, counsel?

Thank you, Ms. Dockster. Mr. Mayor, before you deliberate or make a motion or anything, the one thing that EDA and I think the city attorney would like to be clear on is since this is sort of an amended version of what the original application is, is exactly what that side setback would be for the air conditioner pad. So that if we have to write that, we know exactly what we're writing. And doing the math, i heard the term six feet go around but we think it would be six feet eight inches and i think that we need to make sure that we're getting the right number on that and i think maybe that mrs dykstra and the builder could could consult on that and come back to us with what the exact number is may i ask you a question just so does that mean that

The setback would be 6 feet, 8 inches, so they're looking for a variance of 3 feet, 2 inches?

No, what they're looking for is to reduce the setback from 10 feet to 6 feet, 8 inches.

We only need 4 feet. And so the foot plus 3 foot add...

Four feet. Okay, that's what we wanted to clarify because we were going by the drawing that we had here, and Adam and I did the math, and we were coming up with a different number.

So it would be a six-foot setback versus a ten-foot. Just doing the math. Just doing the math.

Are there any further public comments? Anyone else?

Sir? I don't know. We have the calculator. But if you subtract 5 feet 8 inches from 10 feet, you come up with, no, I'm sorry, 4 feet 8 inches from 10 feet. You get 5 feet 4 inches.

They just said they don't need that much. They just need 4 feet.

I think the point O'Neil was making, we don't have any information in front of us that specifies the number. We have enough information to vote on the width, the 96 feet versus the 100, but until we have something in writing or something like that that spells out exactly what somebody's asking for side setback, we really don't have enough information, in my opinion, to vote on a side setback.

Valerie, you understand that we're at a point of understanding what we're lacking is this portion on the east side of the house and exactly what we're talking about.

And especially now that we're thinking about a square out of the ten feet.

That's right, four feet. Rex, Tim, anything else? And no other public comment? No one else responding? It is now 6.46 p.m. and I close the quasi-judicial hearing held to discuss application PZ2026260003 for variance VAR2026-01 and reopen the September 9th City Council meeting. We'll move on to item number 2B, consideration of application PZ202-6003 by David and Sandra Dykstra for variance VAR2026-01 from the dimensional standards requirements in Appendix A, Article 6, Section 6.2 for R3 zoning, minimum lot width requirements. I'll entertain a motion.

Make a motion to approve.

Second. There's a motion on the 4 to approve. Further discussion?

I just want to clarify, and just reading it right from the variance, PZ2026-0003, this is only for... The 100 foot width versus the 96 and a half, whatever that number is, has nothing to do with the site setback, just for clarification. I agree.

And I will point out in the development order on page two, the development order states only the reduction in the minimum lot width requirement shall be from 100 feet to 96 and a half feet. That is the only variance that is listed in the development order that's been proposed. based on the Planning Commission recommendation.

Any further questions? One thing I would encourage you to include in your motion, if it's a motion for approval, which this one is, is to include a statement that the council finds that the criteria have been satisfied. Likewise, going forward as well, if you do decide to deny anything tonight, you'll need to cite specifically the criteria that was not met. suggestion.

Make a motion to approve. We've got a motion on the floor.

He just needs to modify it.

Tim, state what you wish to do.

I'm saying concurrence with our city attorney. Okay. Development order. Gotcha. Okay. Thank you. I move variance VAR 2026-01, which meets the criteria for approval to be approved.

With the – because it meets the standards.

That's what I said.

Oh, I missed it. Oh, I'm sorry.

Sorry. Okay. Does everybody understand the motion? Is there a second? Second. There is a second. Further discussion? Second. All those in favor say aye. Aye. Motion carries. All right, ladies and gentlemen, we will move on now to Item 2C, Quaggiat Judicial Hearing for Site Plan Review for the Waffle House Restaurant.

So may I ask a question, Mr. Mayor? So do we need to ask them to go back to get us exact numbers so that they know what to do next? for the remainder of their variance? Because we didn't put it up as a proposal or a consideration tonight. So can we have them go back or can we give them direction?

Or get with community development? Yes.

Well, I don't know that we could take council action on it. We could always do that, but I think that would be whoever wants to further this issue to go in that route to start with. Well, I just wanted to let them know what to do next, I guess is what I'm... Yeah, but that would be up to whatever they want to present to the planning commission, and then that would go over to the council at some point.

I just wanted to let them know that we weren't going to be voting on the other two issues tonight. is what I guess I'm trying to say.

Yes, we just throw it on the one and show it was on the table.

That was the... And if you don't fully understand that, what...

So now we have to clarify the drawings to show exactly the size of the pad and where it's going to be.

and if there was any way that this could be modified that you could think of and i don't know that there is at this point the drawing shows a bigger pad than we need so we need to modify the drawing that's the footprint of the house for the path and and i and i i think what i heard this evening was and just kind of make sure that it's you're just asking for that pad area not for the The whole length of the property. Right. Okay. Is what I heard.

And then get that on the agenda and come before the council again. And Mr. Can I ask this? Attorney, does that mean that they are submitting a new application? That's what I'm understanding.

If I'm hearing correctly, it sounds like it.

Well, they're creating a new data set in terms of the drawings and all of the material in terms of the backup. But is what you're saying, Andrew, that they could approve the variance tonight for the minimum lot width and continue the issue on the

side setback for the air conditioner unit but that would take a motion to do that i believe is that correct it would take a motion and i don't think it requires a new application because the uh presumably from what we've heard at least as far as the evidence go would be a reduction in the amount of the variance

Okay, now I understand, and that would be up to the city council to continue the motion or make a motion to continue on the side setback for the air conditioning unit.

Exactly.

And, Andrew, without being in the public hearing and continuing the public hearing to a date and time certain, we would have to re-advertise? Yes. And so would that be your recommendation or to reopen the public hearing and continue it?

It would be best to just re-advertise. Okay. But to – it's not a new public hearing. It's reopening the public hearing once it comes back before the council.

Okay. So the motion by council would be to continue the public hearing to the – You have to continue it to a date and time certain, so we would have to do it October.

Why is that onus on the council? I'm kind of with Walter. I would think that whomever the property owner is, you know, would get with their builder or whatever.

I'm just talking procedurally how we need to be able to, for them to come back for the council to be able to, reconsider that second variance request.

I think she's referring to the legality of how it's presented to the council once it's established. I think that's what she's talking about, Tim. rather than instructions to the applicants.

Right, right. Yeah, I know we don't give instructions to the applicant, but what we just did is we just approved Variance VRA 2026-01. I guess what I envisioned is folks would go back, regroup, and then we would be seeing a – I'm just going to make up a number – VAR 2026-02.

Andrew's saying that's not necessary, that you can consider – the other variance request at a future meeting without them having to submit a new variance application and start the process over, because this has already gone before the Planning Commission. So we would not take this variance request, correct, Andrew, back to the Planning Commission?

The conditions are totally different. Why wouldn't they?

If it was more, it would have to go back to planning, but if it's less, it doesn't.

Okay, so what's the recommendation of staff on this, Mandy? What do you and Andrew request the council to take place at this point now?

If the council wishes to consider at some point, the variance request for the air conditioner pad, then the council would need to make a motion to continue the variance request to the October 14th city council meeting.

Okay, there's been a request. Does anyone in the council want to take action on that request?

So I will make a motion that we continue to consider the variance regarding the air conditioning pad and continue this, what's the word I need? Continue the public hearing? Continue the public hearing to the October 14th meeting with the new information needed.

Andrew, does that sound okay to you?

This is for the variance number two and variance number three, is that correct?

Yes. Okay.

That should be specified in the motion as well.

For variance three only. For variance three only. Yes.

Okay.

Very well. All right. There's a motion on the floor. Is there a second? Second. There is a second for the discussion.

This should go back before the planning committee. We should not be bypassing the planning commission. You know, they listened to all the, you know, they listened to everything, they heard everything that we heard, and they should be privy to this new information to be able to give us a recommendation. That's what they're for.

Ron, when's the next planning meeting?

They're the second Tuesday of the month, right? Yep, second Tuesday of every month.

So they will be hearing this before it comes back to us?

No, that's not what I'm telling you.

Okay. But you can bring it up to them.

It would have to be reintroduced to them by a new applicant.

Oh, okay, okay, okay. I got you. I understand. Okay. So now I understand what we're trying to do. Okay. But it's a lesser request than what the planning council heard.

They are reducing one foot from the home and then a three-foot slab.

Okay.

That doesn't mean the planning commission would be okay with this reduction. We'd like them to think about it. Again, that's what they're for. Think about stuff. Give it to their recommendation to us. We take their recommendation based on their thought process. We have our own thought process and then come up with a decision. Okay, Tim.

Anything else on council comments? Does anybody in the public wish to speak on this item that we're discussing? Anyone? All those in favor say aye. Aye.

Motion carries.

It just passed. There was opportunity to speak.

Go ahead. I'll give you the floor. For the record, I'm a no.

Well, Tim, let me address. What was your question, please?

I'm asking if this matter was continued.

Yes. Yes, ma'am.

Yes, thank you.

Okay. Any other clarifications that we need to make before we move on?

Okay.

Right now, we'll move on. Thank you, ladies and gentlemen. To agenda item 2E, quasi-judicial hearing for site plan. 2C? I skipped the page.

2C, I think.

Quasi-judicial hearing for the site plan review for the Waffle House restaurant.

Mm-hmm.

Mandy, we don't need to recite the statement again?

No. Thank you.

You don't want to talk to her, Mandy.

Item 2C. I got another one later on. For site plan review of application PZ20250003 by Mercedes Field for a project described as the Waffle House Restaurant. It is now... 7.01 p.m., and I close the regular meeting and open the quasi-judicial hearing to discuss applications PZ202-5003 for the site plan review submitted by Mercedes Field for a project described as Waffle House Restaurant notification to applicant and adjacent property owners on August 20th, published on the city's website on August 19th, and in the Riverland News on August 28th. I will ask the mayor to sign in all witnesses. The attorney, excuse me. Anyone wishing to witness in this particular issue?

If you're going to provide any comment, evidence, or testimony during this public hearing, you'll need to stand up and raise your hand and be sworn in. All right. Thank you.

Okay. I think they're ready, Andrew.

Thank you. Anyone who is standing with a no or a yes to provide testimony will ask you, under penalty of perjury, do you promise to tell the truth in the testimony you are about to give? If so, please state, I do.

Thank you, Andrew. All right. Council members, individuals, individually to disclose any ex parte communications. Valerie, anything?

Yes.

yes sir rex tim none for me also now we'll turn to the staff thank you you're welcome mayor vice mayor counselors uh city attorney staff um adam hall with eda consultants planning consultants uh acting on behalf of the city of dunellan for the waffle house site plan application submitted by the Contineo Group LLC. This is application PZ2025-0003. Next slide. Oh, sorry. The subject property for this application is tax parcel 33615-000-02, which is located east of North Williams Street in the Walmart Supercenter and south of 110th Street. The applicants are proposing an approximate 1,900-square-foot restaurant with related site improvements, including parking, landscaping, and stormwater facilities on the subject property. The future land use is commercial, and the zoning designation is B4, General Business District. The property is currently vacant. A variance related to this application for the reduction of the permanent landscape buffer was previously approved in August of last year. That was the AR2025-01. And the property is approximately 0.69 acres in size. Next slide, please. This slide depicts the proposed site plan with the restaurant in the brown-orange box in the bottom left corner. The building is proposed to be approximately 12 feet from the west property line, which is a North William Street right of way, and approximately 10 feet from the south property line. It's approximately 70 feet from the north property line, which is 110th Street, and then about 380 feet from the east property line. The plan proposes 26 parking spaces, and the stormwater retention area is underneath those parking spaces. The dumpster pad is located centrally to the site. just to the east of the building. This slide depicts the landscape plan. This includes 66 new trees which are being proposed to meet landscape requirements and mitigation for tree removal, in part. The proposed trees include 12 redbuds, 8 dogwoods, 5 crape myrtles, 9 live oaks, 16 loblolly pines, and 6 longleaf pines. The plan also includes approximately 260 shrubs. The variance previously approved for this affected the landscaping perimeter buffer along the north of the property there. It's called out on the Taipei buffer. That width was reduced by the variance. Next slide, please. The 1,900-square-foot restaurant building provides the adequate number of parking spaces as required by code, 26 parking spaces with two handicap accessible. There is one driveway connection to Southwest 110th Street. According to the data provided by the Institute of Transportation Engineers, the latest edition of trip generation rates, the use will generate approximately 193 trips per day. That will not change level of service for the traffic signal at North William Street and Southwest 110th Street based on traffic impact study provided by the applicant. FGEA has reviewed this and has indicated no issues with the provision of water and wastewater service. Stormwater will be treated on site by an underground system. Kimley Horner Associates has reviewed those engineering plans and approved the stormwater plans. That said, they'll still need to go through the appropriate process with the Water Management District. And as I said earlier, 66 new trees are being planted on the site to meet the landscape requirements. Next slide, please. Right, so they will have to go through the swift mud permitting process. Marion County Fire Rescue has also reviewed the plan and approved it. The traffic study was provided to the Marion County office engineer. Since the Planning Commission held their meeting, the engineer's office has gotten back with staff because they do not have any concerns with the traffic study. And I already previously stated that FGEA has reviewed this and indicated no issues with water and wastewater provision. Next slide, please. There are no issues related to floodplains, wetlands, or wetland buffers or cultural resources in the suburb property. The map here to the right depicts floodplain and wetlands. As you can see, there's nothing on the property. Next slide, please. The plan application has reviewed for conformance with the comprehensive plan. The proposed use is permitted by the comprehensive plan. Policy 1.5 in the future land use element permits eating establishments in the commercial future land use category. Next slide, please. The site plan meets the compatibility requirements laid out in policy 1.4f of the future land use element regarding buffers, dumpsters, outdoor lighting, and parking lot design. Next slide please. The application has also been reviewed for conformance with land development regulations. The plans have been reviewed for compliance with Appendix A, Article 3, Article 4, 5, 6, 7, 8, 9, and 10. And there are no issues related to that. They meet all requirements. Next slide, please. Staff finds the Waffle House site plan application to be consistent with the city's comprehensive plan, land development regulations, and the terms of the previously approved variance. Next slide, please. At the August 11th Planning Commission meeting, they voted unanimously to recommend approval of the site plan, subject to the conditions, which I'll go over in a moment, of the site plan by the city council. The resolution is in the agenda packet. So the recommended conditions. Number one, all trees planted as part of this approved site plan shall be maintained in good health for a period of two years. Any dead or severely damaged or diseased trees shall be replaced by the owner or applicant within six months of termination by the city administrator or designee. Number two, the applicant acknowledges and agrees that it shall obtain all other applicable local, state, and federal permits before commencement of site plan work. The condition shall be the obligation of any subsequent party with interest in the property subject to this development order. Next slide, please. Condition three, this development order shall expire if the applicant has not applied for a building permit within 60 days of the approval of this development order unless an extension has been granted in accordance with section 16-14, parent seven of the land development regulations. Number four, the applicant acknowledges and agrees that the conditions as stated herein, stated above, do not inordinately burden land and shall be binding upon the property owner, including any subsequent property owner or successors or assigns. The site plan shall comply with these conditions as stated herein. That concludes staff's presentation. I'm going to go for any questions. A representative of the applicant is also available if you have any specific questions for them as well.

Okay. Valerie? None. Rex? Tim? No, sir. I have none. That's our staff report. Does anybody have any questions for the staff report? Okay. Council discussion. Do we have any discussion on this? Alright, public comment time. Does anyone wish to speak on this particular item? Welcome.

Thank you.

Good evening, Council. My name is Eric Heffs. I'm the Senior Director of Real Estate for Waffle House. I've got no comments about this Waffle House, just here to answer any questions that you may have. Thank you. Valerie?

I think you told me that if we approve this tonight, you're shovel-ready when?

We will start construction as of now on January of 2027. Okay.

So in about how many months does it take? And it takes about four months. Okay. Okay. Anything else?

No, sir.

Tim.

No, sir.

Eric, thank you very much. We look forward to being part of the city. Yes, sir. Welcome. Any public comment on this particular item? Anyone from the public wish to speak?

Okay.

It is now 7.11 p.m. and I close the quaggiat judicial hearing held to discuss application PZ2025003 for the Waffle House Restaurant Site Plan review and reopen the September 9th City Council meeting. We'll move on to item 2D, consideration of site plan application PZ2025003 for Waffle House Restaurant. Call for a motion.

I move to find site plan PZ20250003 consistent with the city's comprehensive plan.

Second. There's a motion on the floor. Second. Further discussion? All those in favor say aye. Aye. Motion carries. We'll move on now to item 2E. Quasi-judicial hearing for site plan review of application PZ202.

Do we have to approve this? There's two motions.

I think it says.

Under 2D, I'm seeing two motions, one to approve. This says it's consistent with the comprehensive plan, and then another motion to approve the site plan.

Or was that just the Mr. Prince? My 2D does not show that.

No, no, no. There's two motions. Under D and F, there are two motions. But they look the same.

And then we go to 2E. Correct. I don't have that. It's not on here.

I'm sorry, Mayor. We missed that on your outline. It's okay.

We'll get it, Mandy.

Thank you, Tim. I didn't see it.

Ladies and gentlemen, I apologize. I missed... and action. We will revert back to item 2D.

I'll entertain a motion that for

Site plan PZ20250003 for Waffle House Restaurant be approved. So moved.

Second.

There's a motion on the floor and a second. Further discussion? All those in favor say aye. Aye. Motion carries. I apologize, ladies and gentlemen. We'll move on now to item 2E.

Thank you, Chair. Absolutely.

Quaggiao's judicial hearing for the site plan review of application PZ20260004 by Davis and Laura McKee for a project described as the Rainbow Springs Creamery Restaurant is now adjourned. 7.14 p.m. and I close the regular meeting and open the quasi-judicial hearing to discuss application PZ20260004 for a site plan review submitted by Davis and Laura McKee for the project described as Rainbow Springs Creamy Restaurant notification to applicant and adjacent property owners on August 20th, published on the city's website on August 19th and in the Riverland News on August 28th. I'll ask the mayor to, I mean, I keep saying that, I'll ask the attorney, I won't ask the mayor because he certainly hadn't got it going tonight. I will ask the attorney to swear in all witnesses. If you'd like to comment on this particular item, please raise your right hand, please. They're ready for you, Andrew.

Thank you, Mayor. The one and only who will be providing any testimony, please stand and raise your right hand, is directed by the mayor. And if so, if you will, pardon me, what I would ask is that you're about to give. If you can do that, please state, I do.

Thank you. Thank you.

We're all getting to it.

Is there any council members individually who have anything to disclose as far as any communication on this issue? Valerie?

No, sir, and they haven't given us any samples either.

Rex, anything? Tim? No, sir. None for myself also. Ready for the staff report. All right.

Good evening, mayor, vice mayor, councilors, city staff. Adam Hall, again, planner with EDA Consultants on behalf of the city of Dunellan for the Rainbow Springs Creamery Site Plan application submitted by Davis and Laura McKee. This is application PZ2026-0004. Next slide, please. The property subject to this application is parcel number 3380-0020-01 and is located to the north of East Pennsylvania Avenue, west of Two Rivers Bar and Grill, and to the east of the Rainbow River Animal Hospital. The property is approximately 0.95 acres and is currently vacant. Next slide, please. This is a request by Davis and Laura McKee, property owners from an approximate 768-square-foot restaurant with related site improvements, such as utilities, stormwater, and parking on the subject property. The future land use designation is traditional neighborhood, and the zone designation is B3 General Business District. Next slide, please. This slide depicts the proposed site plan. The building, the restaurant, is shown in orange. It is approximately 40 feet from the front property line, which is East Pennsylvania Avenue, approximately 57 feet from the west property line, 51 feet from the east property line, and approximately 187 feet from the north property line. The plan proposes nine parking spaces, a loading zone, and a dumpster pad to the rear. of the building. The restaurant will be walk-up window service only with an approximate 500 square foot outdoor dining area to the west of the building. The stormwater protection area will be located on the western portion of the site. Much of the northern half of this property will not be impacted by the development. That area is currently vegetated, heavily vegetated, and will be left intact as natural buffer. Next slide, please. This slide depicts the proposed landscape plan. Appropriate buffers have been provided, including 18 new trees. These trees include three bottle brush trees, five crape myrtles, two magnolia, and eight wax myrtles. 42 trees are being preserved on the site, including two in front of the building. The remainder of those undisturbed trees are located to the north of the building in the rear of the site. Next slide, please. The project has provided the required number of parking spaces based on the size and type of the building. There's one driveway connection to East Pennsylvania Avenue. Although there are currently two curb cuts, those are being reduced to just one. And the use will generate 85 trips per day. based on the latest addition to the Institute of Transportation Engineers trip generation rates. FGEA has indicated no issues related with the provision of water and wastewater service. The stormwater plans have been reviewed by Kimley Horne and Associates. They have taken no exception to the plans. But as stated with the previous application, those will have to be permitted with the Water Management District as well through their process. Next slide, please. Marion County Fire Rescue has reviewed and approved the plan. The driveway permit has been reviewed and issued by Marion County. They'll make the final inspections on those. And as the FDA has indicated, water and wastewater service are generally available to the site. Next slide, please. There are no issues related to floodplains, wetlands, or cultural resources or wetland buffers. As you can see here, the map depicts the sort of property and the floodplain and wetland buffer areas. Next slide, please. The proposed use is permitted by the comprehensive plan. Policy 1.5, the Future Land Use Element, permits small-scale commercial uses. The proposed use is approximately 760 square feet in the floor area. Next slide, please. The site plan meets the compatibility requirements as laid out in policy 1.4f regarding buffers, dumpsters, outdoor lighting, and parking lot design. Next slide, please. The plans are reviewed for compliance with land development regulations as well, and that includes articles 3, 4, 5, 6, 7, 8, 9, and 10 of Appendix A of land development regulations. It meets all requirements. Next slide, please. Staff finds that the Rainbow Springs Screamery site plan application to be consistent with the city's comprehensive plan and land development regulations. Next slide, please. At the September 8, 2026 meeting, yesterday the Planning Commission voted to approve the Rainbow Springs site plan by the city council. And the resolution is included in your agenda packet. That recommendation was subject to the conditions. And I'll go through those conditions now. All trees planted as part of this approved site plan shall be maintained in good health for a period of two years. Any dead or severely damaged or diseased trees shall be replaced by the owner or applicant within six months of determination by the city administrator or designee. The applicant acknowledges and agrees that it shall obtain all the applicable local, state, and federal permits before the commencement of site plan work. This condition shall be the obligation of any subsequent party with interest in property such as this development order. Next slide, please. Number three, the development order shall expire if the applicant has not applied for a building permit within 60 days of the approval of this development order, unless an extension has been granted in accordance with Section 16-14, Paragraph 7 of the City of Dunell Land Development Regulations. The applicant acknowledges and agrees that the conditions as stated herein do not inordinately burden the land and shall be binding upon the property owner, including any subsequent property owner's successors or assigns, and that the site plan shall comply with the conditions as stated herein. And fifth and final, the applicant acknowledges that it must obtain a signed permit for any signage on the site. That concludes that presentation. I'm available for any questions. The applicant is also present for any questions that you have.

Valerie?

No, sir. I have none.

Rex? Tim? No, sir. I don't have any. Would the applicant like to speak?

I don't really think that I have to.

Paula DePaula. I live on Wakewa Circle in Dunellan, in the city of Dunellan. This restaurant is dangerously close to me calorie-wise. If I'm 20 pounds heavier, if this is approved, you'll know why. But here's the deal. Maybe I wasn't paying attention, but is this a drive-through or is this a walk-in? What I'm afraid of is we've seen it at Dunkin' Donuts or drive-throughs where traffic piles up out on the street. And when I come out of Wekiwa, actually, I have to talk to you guys about that, because it says Maple. My GPS says it's Wekiwa, but the street sign says Maple. But right there between Truist Bank and the duplex is where this ice cream place is going to be, if anybody doesn't know. It's between the Two Rivers Bar and the veterinary place. And there's already an in and out. driveway easement that I see. So I don't have a problem with it. Like I said, I'll probably be visiting it all the time. But I'm worried about the traffic because my neighbors and I will tell you that when we pull out to that stop sign, we have to wait and wait and wait for traffic either way to be clear for us to pull out. And I just want to know what kind of a, I'm surprised that we don't have a picture of the building or what kind of a setup it is.

It was?

Well, that's a Skyview, right? Or is it the front? Do we have a frontal?

Yeah, it's just for the line parking spaces on the right, in and out the same, the other one.

Is there a drive-through? No. Okay.

Question answered.

Thank you.

Anyone else? Yes. Yes, Paul.

Isn't that the Burke-Halter property, Mr. Mayor?

Paul Cowan, 201101 Short Tower Way. This is just a little bit away from my home, not far, though. Just wondering, I didn't see it on the map, water retention area on the property.

Is there one that is on the property?

Yes, there is. That's what I'm just making sure that there is. Yeah. Because there's a big problem with the parking lot at the bar next door. Water's dropping down on the land behind me all the time. It used to be my house.

So here's the restaurant here. You can see it. So this area is the stormwater retention area. So it's kind of this curved. So this is dug out holes? Yeah, I believe it's not going to be a super deep protection pilot, but it has to be for the water major district requirements.

All right, that's all I have to ask. Thank you. Thank you, Paul.

Anyone else wish to speak on this, what was sworn in?

I just have a question. When this says creamery restaurant, are we talking about an ice cream shop? Or is it going to be like a sit-down restaurant? Because 700 square feet sounds really small.

Yeah, and I can let the applicant speak to the actual operations of it. But my understanding, it's going to be a walk-up window only. There will be some outdoor seating. The Leytonville regulations do not have an ice cream use. It's considered a restaurant. So there are some delineations between fast food and sit down and service and things like that. But as far as the code's concerned, it's serving food products, so it's a restaurant. But yeah, the applicant wants to clarify, I believe it's just outdoor seating only. You walk up, you order, you can sit down if you want, or you can just go back in your car and drive away.

Oh, okay.

It's going to be ice cream only, snacks, stuff like that. We've got a restaurant next door, another nice one down the street. Okay. We just like a old-fashioned ice cream stand.

You walk up to the window, you bring your ice cream, your kids, they can sit down, run around, eat their ice cream. Okay.

Anything else? Anyone else in the public wish to speak that was sworn in?

Okay.

It is 7.25 p.m. and I close this judicial hearing held to discuss application PZ20260004 for the Rainbow Springs Creamery Restaurant site plan review and reopen the September 9th City Council meeting. We'll move on now to item 2F, consideration of the site plan application PZ20260004 for the Rainbow Springs Creamery restaurants. And I'll entertain a motion.

I move to find site plan PZ20260004. zero zero zero four consistent with the city's comprehensive plan second there's a motion on the floor in a second for the discussion all those in favor say aye aye motion carries entertain a motion okay i move site plan pz2026004 for rainbow springs creamery restaurant be approved

Second.

There's a motion on the floor and a second. Further discussion? All those in favor say aye. Aye. Motion carries.

Sir, if I might ask like Valerie did, when do you guys see breaking ground?

Excuse me?

When do you all see breaking ground?

As soon as we get the permit and we can get the...

So thank you.

Looking forward to samples. Right across the street.

Tim will be getting exercise going back and forth. Don't worry. It's going to be OK. I'll be trying to beat Paula. OK, ladies and gentlemen. Well, we're going to move on now to another public hearing. Just what we want to hear. Mandy, do you want to recite this one or do we have to go into it?

All persons wishing to address the city council will be asked to limit their comments to the specific subject being addressed. Public opinions and input are valued by the council. However, it is requested that comments are directed at specific issues rather than personal comments directed toward the council members or staff in order to foster mutual respect between council members and the public. Members of the public in attendance of public forums should listen courteously and attentively to all public discussions before the body and focus on the business at hand. They shall refrain from interrupting other speakers, making personal comments not germane to the business of the body, or otherwise interfering with the orderly conduct of meetings. Members of the public addressing city council and boards or commissions on specific project or proposal are requested to disclose any personal interest or relationship and any business, professional, or financial interest with any individual, group, project, or proposal regarding the subject matter under review. Members of the public should always err on the side of more public disclosure, not less, in order to provide integrity to the public process.

It is now 7.29 PM. I apologize, ladies and gentlemen. This is item number three, public hearing tentative FY2026-2027 budget. This is a public hearing on the tentative proposed millage rate and tentative budget for the city of Dunn-Ellen for the 2026-2027 budget year. It is now 7.31 p.m. And I open the public hearing for the staff to first make a presentation and then to anyone wishing to address the City Council on either the proposed millage rate or 2026-2027 budget advertised on the property tax notice.

Good evening, Mayor and City Council and general public. Pursuant to Part 1, Section 20 of the City Charter, The proposed budget for fiscal year 2026-2027 is submitted for review and adoption by the City Council. I have provided the fiscal year 2026-2027 proposed budget. This document provides a line item review of fiscal years 2023 through 2025 actuals, the current year's budget, current year to date actuals and the recommended budget for fiscal year 2027. This document is designed to provide the opportunity to make comparison between fiscal year 2026 and the proposed budget for fiscal year 2027. Fiscal year 2026 to 2027 budget highlights. The proposed millage rate for the Purpose of certifying the taxable value was set at 6 mils. The city is proposing to adopt a tentative millage rate of 4.685 mils, which is the millage rate for the current fiscal year. The 4.685 tentative millage rate is 5.05% more than the rollback rate of 4.4598 mils. The budget is balanced without utilizing reserves to offset operational costs. Budget workshops were held June 10, July 6, July 22, August 12, and August 31. Two public hearings with regard to the millage rate, and the budget will be held on September 9 and September 23 at 5 PM. The fiscal year for general fund. The fiscal year 2026-2027 proposed general fund operating budget is $3,685,812 and consists of the following percentages of the total budget. Personnel expenses are 24.6%. Operating expenses... Our 49.1% capital expenses are 3.4%. Debt service is 4.7%. And 18.1% of budget will be retained and deposited into restricted operating at the September 30, 2027 deadline. unless this amount is adjusted by the final millage rate that is lower than the proposed tentative millage rate. Tax increment financing district, or CRA, the proposed fiscal year 2026-2027 tax increment financing district budget is $614,400. 13.5% increase over fiscal year 2025-2026. This is primarily due to an increase in funding from reserves for capital projects. The TIF fund operating budget consists of the following percentages of the total budget. Personnel expenses, 15.8%. Operating expenses, 3.7%. Capital expenses, 64.2%. And grants and aid is 16.3%. Other highlights, Southwest Florida Water Management District Watershed management plan is in progress. The carryover at this time is $75,667. We have plans to eliminate two part-time positions, saving $44,886. Public work salary adjustments of $17,723. Planned capital road projects, $75,677. Fund fiscal year 27 and 28 road projects at $495,380. Capital replacement reserve of $149,105. TIF CRA road projects of $225,080. TIF CRA capital funding, $169,580. And replace city hall roof, we're estimating at $50,000. Fiscal year 2025-2026 budget highlights. Completed road projects, we're at $231,662 right now. We've completed TIF CRA projects of $38,084. Completed the comp plan of $66,188. We have painted City Hall at $8,900, and we sold surplus capital, land, and inventory at the total of $254,164. I am going to say at the last workshop, council asked me to present four different scenarios for the upcoming budget. Mandy, if you could pull, it's a new document from today. I gave council a copy of it. Okay. Okay. The first column I have is at our existing millage rate of 400 or 4.685 mils. The next one is at the rollback rate of 4.4598 mils. I had a request at 4.5 mils and To come back with no surplus, we were at 3.9608 mils. If you go to the last page, please, Mandy. You'll see some totals. Like I said, the first column is the current rate. Our budget is at $3,685,812. The rollback rate would be $3,633,512 at the 4.5. we have 3,642,792. And at the 3.9608, we have 3,524,707. And basically, if you look at the totals off to the right, I'm showing each of the millage rates from our existing millage rate of 4.685. So if we go to rollback, we're looking at a decrease in ad valorem of $52,300. And where I am decreasing that with the reserves would be the recommendation for capital replacement reserve increase. At the 4.5 mills, we're looking at $43,020 less in ad valorem. And there again, it would decrease the capital replacement reserve by $43,020, the contribution for that. The 3.9608 mills would decrease ad valorem by $161,105. And there again, that would make it where there is nothing contributed next year to capital replacement. One thing I want to remind everyone, we are getting to the point where we're going to need to start replacing things like roofs and extensive maintenance on the buildings. That's one of the reasons why I'm recommending adding to the capital replacement reserve at this point. Does anyone have any questions?

The 4.4598... Would this supply what we need with our demands that we're looking at?

Yes, sir. We're actually setting the money aside for the road improvements, as I mentioned. We've discussed that earlier, yes. That includes setting that money aside, as well as

Yeah, it actually ended up.

97? No, sorry. $108,805. I did some true-up today dealing with four different budgets, trying to remember what I did with which one. I did a summary to clarify for everyone, myself included.

So in this spreadsheet, if you look at this line item under finance where it says reserves, You've got the 161,105. That's at the current millage rate. That would be the reserve. Thank you, Mandy. That would be the surplus. At the rollback rate, it would be 108,805. So even at rollback, we would still have a surplus of almost $109,000. Correct.

And the other difference between these budgets are Shawna added $50,000 in expense. For the roof here, so that's in the budget now. Yeah. Yeah, I mentioned that.

So that question mark is answered.

Correct. Yeah.

Well, that was a concern because, you know, like you said, our buildings are getting older and we have to be prepared. Correct.

But that wouldn't include, because I know you've, aren't you having some issues with the roof over at your building, Chad?

No, it's just old. Well, so. Yeah, it's past that.

Yeah, because, I mean, I don't know how insurance is with. But I know insurance with residential homes, they, you know, either go up on your insurance payments or they'll cancel you if you don't replace your roof after 10 or 15 years.

And that's what the – yesterday was $93,000. And, again, I don't understand what's happening. It's – The addition to the capital funds, which would take care of anything like that, at the rollback rate, is $108,000 now going into that to take care of those kinds of things.

Right. That's the 4.4598 rate. Yes, I understand. Valerie, do you want to?

I just still like to hear the recommendation from our finance officer of what, She looks for the future, too, for what the millage rate she feels safe with. Noting that, of course, it's all of our taxpayer money, including all of us who sit up here and that sit down there in the audience or at the desk.

So the 4.685, that's the current millage rate, that's what we paid last year, right? Correct. Correct. So that'll be, if we adopt that, the taxes will stay the same?

No. No? Basically what happens is the... value of the properties fluctuates every year. And because of the fluctuation in the property values, that will make what you actually pay in taxes vary. The reason for the rollback... rate is it brings the taxes to where you'll pay the same as what you did this year.

And that's the 4.68, .45?

The 4.4598. OK. All right. Just keep it simple numbers, people. I tried.

Anything else, Pamela? Do you have any?

I do want to say one thing with us adding using the rollback rate. And $108,000 going into the capital replacement reserve, that would actually put us right about $250,000 instead of the $114,000 that is currently in there.

We have some big stuff coming up.

I am leaning towards... We should be able to go with the rollback rate of 4.4598.

And that's with the 50,000 set aside for the roof on the city hall. So that's already set aside in the budget. Correct. So we would have the 108, you know. We would have the 108 plus the 114,000.

Okay. Yeah, from prior.

Okay. Further questions? Rex? No, I'm fine with that. Tim? No, sir. Thank you. Thank you, Shawna. Thank you.

Mayor, before we move on, I'd just like to note for the record that what was published to the agenda was originally a recommendation to set the tentative at the current millage rate. And after some discussions with Shawna and some budget adjustments, we actually have two resolutions that are available. For you to pass tonight, you can either pass the tentative millage and budget at the current millage rate. And if you want to reduce that before the final public hearing, you can. Or you can go ahead and adopt the rollback rate tonight as the tentative millage rate. And, Mayor, I did put two options on there for you. Do you see that?

Yes, I got them right here.

So if it's the consensus of the council to move forward with setting the tentative at the rollback rate, we are prepared to do that as well.

May I ask a quick question, Mr. Mayor? Let's just say, I don't know, something catastrophic happens between now and our next meeting. Can we go, if we had to go back to the 4.65, 685? No. No. Okay.

No, you can come down, but you cannot go up.

That's what I was scared of. Okay. Mr. Mayor?

Public comment? Any public comment on this particular item? Anyone wish to speak? All right. Council, what is your preference? Give us an idea of what you want to do. Do you want to go down? You want to go with the 4.4598 or the 46850? We're down to two suggestions at this point.

My preference would be to go with the staff's recommendation, and I've been through the budget.

I'm okay with that.

Okay. Well, then I will entertain a motion. Let's see here now. Mandy, help me with this just a minute. I have the choices, but I've got another agenda on this side to go by. What am I doing here now? We're going to use this one.

Yes, so you're going to close the public hearing. And just forget about this, and we're going to move on.

Down over this one, because this is what we're supposed to be doing. All right, stop interfering. So this is where we go then? Don't even...

That's where we want to go.

That's where we want to go. All right, ladies and gentlemen, with a clarification as to our procedures. It is now 8.50. 7.50.

Is it 8.50?

Yeah, 7.50. Excuse me. I think it's 11.50 as far as I'm concerned. All right. Ladies and gentlemen, I'm getting a little tired. You all can see that. But we're going to get this done. All right. It's actually 7.50. uh 4.4598 the tentative millage rate for the city of dunnellan is 4.4598 mills which is equal to the rollback rate 4.4598 meals the tentative budget proposal is three million six hundred thirty three thousand five hundred twelve dollars and as i said it is now And I close this public hearing, held to discuss the proposed millage rate and 2026-2027 budget. We'll move on now to item 3A, proposed resolution RES-2026-20, adoption and tentative 2026 tax millage rate. Council discussion. Any further discussion? Public comment? Any public comment at this point? I'll call for a motion to be read into the record.

I move Resolution RES 2026-20 be read into the record.

Second.

There's a second. Further discussion? All those in favor say aye. Aye. Motion carries.

Resolution number RES 2026-20, City of Dunellan, a resolution tentatively setting the tax millage for the year 2026, whereas the City Council for the City of Dunellan met on September 9, 2026, at 5 o'clock p.m. at City Hall, 20750 River Drive, Dunellan, Florida, 34431, to consider the tentative amount of the tax millage to be collected on all real property and personal property in the City of Dunellan, Florida, for the year 2026. and whereas the City Council has determined the tentative millage on all real and personal properties in the City of Dunellan shall be set at 4.4598 mills, which is equal to the rollback rate of 4.4598 mills. Now, therefore, be it resolved by the City Council for the City of Dunellan, Florida, that the tax millage on all real and personal properties in the City of Dunellan for the year 2026 is tentatively set at 4.4598 mills.

I'll entertain a motion to approve.

I move Resolution RES 2026-20, setting the tentative tax billage rate at 4.4598 be approved.

Second.

There's a motion on the floor and a second. Further discussion? All those in favor say aye.

Aye. Motion carries.

Move on now to item 3B, proposed resolution RES 2026-21, adopting the tentative FY 2026-2027 general fund budget council discussion. Any discussion?

No, sir.

Public comment. Anyone wish to speak at this point in time? I'll entertain a motion for this item.

I move Resolution 2026-21 be read by into the record.

Second. There's a second. Further discussion? All those in favor say aye. Aye.

Resolution RES 2026-21, City of Fennellan, a resolution adopting the tentative budget for the fiscal year 2026-2027. Whereas the City Council for the City of Dunellan met on September 9, 2026 at 5 o'clock p.m. at City Hall 20750 River Drive, Dunellan, Florida 34431 to consider the adoption of a tentative budget for the fiscal year 2026-2027. And whereas the City Council for the City of Dunellan has determined that the budget will be $3,633,512 for the City of Dunellan. Now, therefore, be it resolved by the City Council for the City of Dunellan, Florida, that the budget for the City of Dunellan has been tentatively set for $3,633,512. I'll entertain a motion.

I move Resolution RES 2026-21, setting the tentative fiscal year 2026-2027 general fund budget in the amount of $3,633,512 to be approved. Thank you, Tim. There's a motion on the floor. Second. There is a second. Further discussion? Second.

All those in favor say aye. Aye. Motion carries. We'll move on now to item 3C, approval of the tentative tax increment financing district budget, FY2026-2027, further council discussion. Any discussion?

Give me one second.

Oh, we can lower the price by keeping the air conditioning a little bit higher. Freeze it. All going to have to buy me a Fur Park and put it in the budget.

OK. So this motion on the agenda with going to rollback is going to change. From the $597,400 that you see here on the agenda, it's going to change to, Shawna, correct me if I'm wrong, $599,700. Correct. And the reason it's more than what you see on the agenda is that was a typo on the agenda. So the $597,400 was not actually at the current millage. It would have been more. That was just picked up. So actually, if we're going with the rollback, that number changes to $599,700. $599,700.

Okay. Thank you. Mandy, was there anything else on that?

No, sir.

Okay. Further council discussion? Public comment? Anyone in the public wish to speak?

I'll call for a motion to approve. Move the tentative fiscal year 2026-2027 tax increment financing district budget in the amount of $599,700. Second.

There's a motion on the floor. Further discussion? And a second. Further discussion? All those in favor say aye. Aye. Motion carries. Move on now to item 4, item 4A, first reading, ordinance ORD 2026-08, special events. Staff comment.

Mayor, this was discussed at the workshop last week. As I had explained, it was around August the 18th, August 18th, I sent out an email to the DCBA and to the president of the Dunellan Little League saying, and asked if they had any comments, to please provide them to me, specific comments in writing. We did get a few comments back from Julie Mancini that were discussed at the workshop that night, in addition to some council comments. So I just wanted to go through and explain to you, show you what was changed as a result of that workshop. Councilman Lehman had some questions and wanted some clarification on the parking plan. So section five here under B, this is section 11.4. Yeah, 11.4 special event criteria. This would be B5. And so it now reads for the use of private property proposed for parking that is identified in the applicant's parking plan. written authorization from the property owner on a form provided by the city, including verification of adequate liability insurance covering the property owner. So we've clarified that private property, when a written authorization is required, it is required of those property owners that are included in the applicant's parking plan. Do you feel like that satisfies that clarification? Then moving down to minimum parking requirements, one of Julie's concerns is she's felt that 20% for overflow was excessive, and I tend to agree, and I reduced that to 10%. That wasn't actually discussed at the workshop. That was something I did offline.

Oh, I'm sorry. Which line are you on, babe? I'm sorry. Oh, okay. I see.

Two here. Yep, yep, yep. So the ratio of parking and a minimum of 20% overflow. So if everyone's okay with the 10%, I reduced that to 10%. The next one is, again, clarifying the private property. Only private property... that is identified in the applicant's parking plan may be used for event parking and then this was this section here we all agreed to strike there was some question about that that must be my clock saying it's time for me to go to bed um So we agreed to strike that. And we talked about electrical service requirements. And this is the language that we came up with. So electrical service requirements for special events. This is not exclusive to large events, which was the language that was specifically in the ordinance. So all special events shall provide their own electrical power generation through portable generators, inverters, or similar self-contained power systems adequate to meet all electrical needs of the event, including but not limited to sound systems, lighting, food vendors, and other electrical equipment, with the exception of one below. Existing city electrical infrastructure outlets at the stage shall be strictly limited to ensure that the total connected load does not exceed the rated voltage and amperage capacity of the applicable circuit. Users shall comply with all applicable safety standards and regulations. And the city reserves the right to restrict or terminate use in the event of noncompliance or unsafe conditions. And then the language that was here was stricken, stricken that it's that stated existing city electrical infrastructure at special event venues, including outlets and stages and facilities shall not be available for use. And then this section was added. The billing of electric service will be based on actual use at current electric rates. And under Section 11-7, we split that into large events and small events. So each special event permit application shall be filed at least 120 days in advance of the event date for large events and at least 30 days in advance of the event date for small events. And this was actually stricken. This was in the ordinance. And I'm not quite sure why it was in there, because we're not proposing that the city is going to be involved in traffic control plans or provisions. So that was stricken. And I think that is all the changes that were made. Yes.

Okay. Staff comments. Yes, sir.

Should I speak to the revision suggested in 11-4 as well?

Oh, yes, sir. I'm sorry, Andrea. I forgot about that. Please do.

No problem. Council, in reviewing the And 92-93 under 11-4, due to first amendment considerations, I just recommend removing that criterion. That's the one that reads, the special event provides a unique and organized civic, cultural, educational, entertainment, or recreational activity. It does run afoul of first-member protections, but it can certainly be a criterion that the city uses to decide whether or not it wishes to sponsor a particular event or participate in the event.

So, Andrew, you're recommending that we strike A, 1, and 11, 4? Correct.

Lines 92 and 93. Gotcha. Thank you.

Yeah, these two lines here, this one.

Was there anything else, Andrew? No, sir. Okay. Anybody have any questions for Andrew on that? No, sir.

Tim, do you have anything? No, sir.

Okay. Further council discussion.

What do we want to do, ladies and gentlemen? What do you think, Valerie?

Yes, sir. About the billing, and I know it's three, and I didn't get a chance to write down the other number in front of it. The billing at current electrical usage, I think, is the words that you used, Mandy?

Electrical rates.

Rates. Okay. Sorry, I couldn't read my own handwriting. I was trying to write it quickly. A, I don't know how. This is my thought on that. If I am renting the pavilion or whatever building it might be, it might be this building for all we know. And if you go and rent any other location, any civic building, and trust me, I've rented plenty of them through my years, you're not paying for the electric bill. You're not paying for that. seven hours, ten hours of you being out there. The bill, the electric, the water, the insurance, the, well, not in our cases, but taxes are all part of the fee that one is being charged for using that site. So, A, I don't know, what are we going to have, Duke Energy come out the morning of, read the meter, and then read the meter that night? That's not going to happen, for one thing. I don't think that's – that is putting a burden on our staff to try and figure out an electric bill. I just don't think that's acceptable. It doesn't make any sense. And then line 265, if you could go back down to there for me, please. What was I going to say? City resources. Oh, okay. I know what I was going to say about this one. We brought up the other day that we don't want to be liable for anything. Which I 100% understand. However, especially with the T, the traffic.

The temporary traffic control plan.

Yes, yes. We still have to approve that. We have to approve that plan before anybody can use it. So if John XY hands us the plan that he hired Mr. Johnson to do for him, It's still upon the city to approve it. So we're not really getting rid of our liability by doing that.

You're reducing your exposure because we're looking at it and it's going, you know, it will appear, they'll submit it. And if it appears to be... We're not really...

You're approving it.

We're just approving the roads or the routes or something. They turn the plan in, and they develop it.

We're doing the same thing that FDOT does, the same thing that Marion County does, because there's three different slots on there. We're basically doing the same thing that the Marion County Sheriff's Office does when they look at the detail thing. Okay.

So let me ask you this.