Planning and Zoning Commission - Regular Meeting

[Music] Sorry. Test test test. [Music] Test test. It wasn't right last night. Not on. Test test test. I push the button. There we go. There you go. Push the button. Thank you, Miss Diane. Thank you. Sometimes Sometimes you just got to push the button off. Got to push the button sometime to get it started. Hello. Hello. Was that the green button? Okay. Sometimes you got to push the button to get it. Come. Sorry, we have a new system up here. We're trying to figure it out.

There we go. Radio on the left. Radio on the right. Yes. Special counsel. Everybody's phone silent. Okay. Just double checking. I call the June 24th plan of zoning commission meetings to order. Can you crowd please call ro? William Hardrick here. Steve Olsen here. Mark JRo here. Mayor Marty Little here. I am here. Councilman Lee Furnus here. Joe Bond, special counsel here. Katie Sanders here. Janet Dietrich here. And Diane Robinson. There's one more in there. Ken and Diane Robinson. Let's clap for her. [Applause] Well, thank you all for coming. Please rise for the pledge of allegiance and remain standing for our service members, please. I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. Remain standing just for a second. Sorry, sorry, sorry. Thank you. Please be seated. It's good to see everyone this evening. Thank you all for coming out and having a good time with us tonight at the planning and zoning commission meeting. So, I'm going to read something real quick for public just for a public record. We will now begin the the the public hearing. Please be advised the plan and zoning commission is an advisory board that makes recommendation of the city council. Final approvals are granted by the city council. I open the floor for approval of the previous minutes from Tuesday, May 27th. Open the floor for a motion. Second. Thank you Mark for that that move and thank you mayor. You gave the second on that one. It's a move and properly

second. Any questions? All those in favor? I. All those who oppose that motion does carry. Thank you. Let's get it rolling. Anyone here from 9620 Midland Boulevard, please step forward, state your name, nature of your business right here on the microphone. How you guys doing? I'm Ben Seaman, the GM of Mac Contracting at 9620 Midland. Hi, I'm Megan Donovan. I'm with Nidesco commercial real estate representing M contract. Thank you. Thank you all for joining us this evening. Go straight to Katie. Thank you chairman. Thank you. Hi Megan. Hi Ben. Nice to finally meet you. This is an application for a lawn and garden light business specializing in lawn care and landscaping. The applicant is actually purchasing this property. The plan submitted is a lot consolidation plan. However, I have included within the packet a previously approved site plan from 2014 from a previous business. Uh the previously approved site plan includes landscape at the rear of the property, including plantings and grass. The applicant has been informed that landscaping will need to be installed and maintained. Outside storage will consist of company trucks and trailers. The applicant provided a list of all company trucks, year, make, model, and VIN for record purposes. Further, the applicant is advised no bulk materials, for example, mulch or rock and bins will be kept on the site. The site is fenced and screened with black 70% semi-transparent fabric mesh, which I found from the previous installation. The screening is required to be maintained and kept in good condition. The hours and days of operation uh per the letter of intent are Monday through Friday, 7:00 a.m. to 5:00 pm. It's my

understanding through our conversation that their staff is not on site before 7 o'clock am. I bring this to our attention because we've had concerns in the past with the previous business because they would come in and they would let the trucks run at 3:00 a.m. in the morning disturbing the residents behind them. Um I did have one question. Are will there be any snow plowing in the offse? Okay. Okay, perfect. And and that question was revolved around the 7 a.m. start time. Thank you. That's all I have. Chairman, thank you, Katie. I appreciate you, Special Counsel. Yeah. So, thank you. If we look to the exhibit B, which is the conditional use permit, and kind of go through some of these conditions. Um, we do I did draft in that loading and unloading is limited from 8:00 a.m. to 400 p.m. Um, I know we've had issues or or concerns in the past about, you know, the difference between starting the work and like loading of heavy stuff and stuff banging around. So, I had drafted that as 8 to four. Um, I don't know if that's doable. This is just sort of something I had, you know, put together. So, that's one thing to iron out. Um, as Katie mentioned, the the lots are indicated as two separate lots. This would require their consolidation within 9 months. Um, that should be pretty easy to achieve. Um, there is language in here for outdoor storage. I think we were going to remove that as it related to not needing outdoor storage, but it sounds like there might be trailers. Could you describe that a little bit more? Yeah, we keep trailers.

And when you say trailers, you mean like that would be hitched on to Okay. Okay. Um I'm trying to think of how to draft that. Um however we want to do that. If that's something we want to allow, I could draft in, you know, has to be kept behind the building line in the fenced in area, etc., etc. I assume that's how you'd want it to be. I other than that um I didn't have any kind of outstanding questions. Um so loading and unloading times and just I'll come up with language for outdoor storage and then if that's something we want to do. Okay. So he mentioned the 8 to 4. Would that would that would that be an issue for loading unloading because I know your business hours are 7 to 5. and and I I think the 4pm is less of a problem than the the like a 6 a.m. So obviously I think people would tolerate more like loading until 5 or loading until 6:00 p.m. than they would 6 a.m. So that that can change if that's but you need extended time on the loading component of it all. Maybe till 5 p.m. How would you would you like would you all like to say five or maybe six? That it doesn't set your business hours. I mean if we say six, that'll just give you leeway to go up until six. Right. Okay. Make sure make sure So you got to come

back before us again for something something like that. That's all. So we're looking at loading another load from 8 till 6. Is that is that okay? Okay. Okay. And the outside storage you said will be in the back behind the fence that you and Katie discussed previously. We have no storage with the the trailers. Okay, we understand that. Definitely. We definitely do. Any questions from the commission or comments? Oh, you need special comments and anything else, Miss Karen? Yes, ma'am. Um, I wondered about the the kind of vehicles. Are these diesel? Some of these trucks diesel? Uh, some of them are diesel. It's mix between diesel and gas. So you will not be running them early. I mean you don't have to do that anymore, right? No. I mean five minutes. Okay. Like you don't want to run in the winter time. Okay. The oldest vehicle that they have on their in their fleet is from 2021. Yes, ma'am. Anything else, Miss K? Thank you. Yes, Katie. I want to make sure I understand that the fencing on the back of the lot is okay. Yes, it's completely fenced from the front the the front of the building all the way around and it's screened all the way around as well. Question. Go ahead. I I have another thing that I wanted to ask. I noticed the diagram of the building. I went over there and looked at it. It's all one building now. And on the picture and the

diagram, it shows it's opening between the buildings, but it looked like from the outside. I wasn't in the parking lot. I didn't go behind the fence. It looked like that was all one one unit. That's not all one unit, is it? Two separate, right? But they're not connected. No. No, ma'am. Okay. Thank you. say to the best of my knowledge they're not connected. So is this um um are you mainly a an operation of uh lawnmowers or Yeah, primarily maintain. Thanks, Steve. Okay. Any questions or comments from the audience? Okay. See, I see Ken's reading. Okay. Go ahead. I'll wait a second. Okay. Seeing no additional questions, I will open the floor for a motion uh to recommend approve with the conditional use permit stipulations as presented. Make the motion. Second. Thank you, Ken. Thank you, Mark. Any questions? All those in favor? I. All those who oppose? That motion does carry. Uh, open for motion recommend approval of the site plan with stipulations as presented. So moved. Thank you, Steve. Second. Thank you, mayor, for that second. Any questions? All those in favor? All those who oppose? The motion does carry. Thank you all so much for your time. Thank you for the explanation, answering questions. Uh, we'll have a we'll have a council meeting here in the in the chamber on July 21st. I'm pretty sure we probably

talked to K for that. Thank you all. Thank you. Is anyone here from 2451 Charlotte Avenue? Please step forward. State your name, nature of your business, please. Charlotte years down. Thank you. Thank you for coming tonight. Thank you for explaining that. I'm go straight to Katie. I got a feeling you got a some more information. Thank you. Hi, Nicole and husband. I'm sorry. had your first name, Mark. Thank you. Um, so yes, the property um is 2451 Charlotte that they currently own. They purchased the property at 9008 Forest Avenue and they're requesting approval of a lot consolidation. 9008 Forest Avenue is a vacant lot. The property owner would like to establish a garden on that lot and selling the harvest. A lot of it's personal, but I understand you also do sell some of it. Yeah. Perfect. Thank you. Perfect. So, creation of a garden on a vacant lot would make the garden the primary use in the R3 district and that's kind of what we were faced with when we started discussing it and that's prohibited. Primary use for a single family residential lab needs to be a residence. So, the primary use in R3 district must be a resident. Consolidation of the two parcels

collectively creates one single family residential lot which they already have a home on Charlac. Um this does however eliminate the possibility of you putting a second home there ever. Just so that you're aware of it. That's all I have this evening. Thank you Katie. Yes sir. Special counsel. Yeah. Uh Katie summed it up very well. Uh it it will create kind of a little quirk in that you will have a corner lot. That's not a traditional corner lot. Um so two front yards. You'll have two front yards. You'll have to um there will be a front yard setback of like 30 feet. So you won't be able to build the garden all the way up to the uh the the street line. Right. Right. Um but you probably already knew that. Um, otherwise, you know, if it complies with the subdivision code, it's a ministerial task to approve it. So, I would, you know, recommend doing it even though it's a little quirky, you know. How long How long had you steady a special counsel? How long How long have this had the space been vacant? Yeah. Okay. Any questions or comments from the from the commission? First of all, it was a very nice letter that you wrote. It was very nice and um I have to say this is the first time we've seen this this kind of request uh with two now with two front yards and it uh looks pretty good. Thanks, Mark. Any other comments or questions? The one uh the one thing that's still in highlights is the the square footage of both of the existing lots. Um I don't think that's going to hold up recommendation here, but if you

could provide that to us. Uh it might be on the the prior platting. Uh just so that we can input that into the ordinance that goes forward. Um it it's just a plus minus. need be like down to the inch, but that would be helpful to just integrate that in if I have it of both slots consolidated. I don't have the prior. I know it's going to be 8,000 when it's consolidated. I'm assuming it's going to be four and four because they look pretty similar. Um, but uh that's just one little thing that was outstanding. So, um, I apologize. I have that in the staff report. Oh, and I didn't add it into the ordinance. Sorry. I we can resolve that later then. No worries. Yeah. Any other questions or comments from the commission? Mayor. See, Nicole. Um, so yeah, everything looks good. I know it's kind of a new idea. It's kind of a funky way of getting you to a very basic end, but I think it's a creative way of making this work, and thanks for being here and going through all the paperwork to get you to the final spot here. Thank you, mayor. Any questions or comments? Any additional? Anything from the audience? Oh, go ahead. I'm sorry, Steve. Uh, have you approached the farmers market? You do sell it. Okay. I think I think your face looks Oh, okay. Because I'm I'm on the board for the farmers market. And what all do you sell at the market? There will be more as soon as your garden. As soon as the garden I say as

soon as the garden gets going. I'm going say the lemonade is great. Any additional comments, questions, anything from the audience? No. Well, seeing no additional questions or comments, I will open up the motion to recommend approval for for the L cons lock lot consolidation 2451 Lackland. I mean Lackland 2451 Sherlock and 9008 Forest as presented and discussed. So moved. Second. Thank you, Steve. Thank you, Mark. Any questions? All those in favor? I. All those who oppose. That motion does carry. Thank you all so much for your time. Um, we have we'll have a council meeting here in the chamber on uh July 21st at 6 pm. Thank you all. Thank you. Nice to meet you guys. Have a great Okay. Is anyone here from 9495 Page Avenue? Please step forward. Set your name next to your business, please. the owner of property 95. Tell us a little about your Oh, social. We got you, Katie. Thank you, chairman. Hi, Mark. Thank you for being here this evening. This is an application related to the installation of fencing that exceeds the 4ft height limit as specified in section 400.360. D.2 height. The fence is an 8 foot high chain link fence located at the rear of the building. The properties located within the plan development commercial zoning district and per section 4360 400.360 point east special fences they're subject to review and approval by the planning and zoning commission as to the material construction location and height in the plan development district. All other districts are subject to the review by board of

adjustment, but plan development districts come to you guys and this is strictly from what I understand in my discussion with Jason only requires approval of planning and zoning and is not required to go to city council for final approval. Okay. Thank you. Yes, chairman. Thank you, special counsel. Yeah, it's just a unique quirk of the code here, which is why you don't see any legislation accompanying this. Um, you know, Katie and I talked about if the lawyer should be spending more time cooking up a different document and we quickly decided no. Uh, you know, again, this is kind of a unique kind of um quirk of the code where these specific plan development districts can consider higher fences as it relates to placement and whatnot. So certainly within your power to consider uh the request. Um I don't really have by one way or another. So gotcha. Thank you. Special counsel. Any questions or comments from the commission? Yes, ma'am. Miss Shanny, um how far back from the actual building is the fence going to be put? Is it going to butt up against that wall that goes up real high in the back? actually one side gate. So it's and you cannot see it from So it's not going to run along the edge of the back wall. is just going to run on the ends. It's just going to be on the ends of the building on the middle. Okay.

It's not going across the property line. It goes from the building to the wall. It's back behind the building. It's not all the way to the end of the buildings either. As Mark had indicated, um within the packet there is a site plan and it's highlighted on on that plan. Um, there's a handdrawn plan as well that kind of clouds around the fencing area. That might help. It's about the second to last page of that packet. Excuse me. So, is this fence already installed? Yeah, we installed one fence because it was an emergency situation, but we are not second. So I understand that you installed the fence without a permit. Because when I called several of this particular size after I went to get So the fence was installed without a permit. Yes. It is in it's in conflict with the height that the ordinance has that it states and you're asking us to approve that fence. Yes. So many reason it's for security issue because we had so many last months got probably damaged the building. Some people was injured. Police officer was injured. All this happened behind the building. We have video camera and that's police

advice. He told me you have to put some fans block. So as soon as we put this fence for last two months we don't have any issue. So we have homeless people. We have so many issues building. So just for clarification maybe Katie and also I want to add I saw some properties like 9200 which is social service chart building they all have a fans same 8. Your situation is unique in that the fence has been installed and you're asking us to approve it. Yeah, I can remove it. It's just a gate. Thank you. So just understand. So he's essentially like now in non-compliance but become compliant he needs to pass here. It's about correct. Okay. Currently he is not in compliance. Fence was installed without an approved permit. Got it. Yes. Okay. Cool. Makes sense. Okay, that makes sense. Yes, sir. Um, first of all, this is in the back of the building. I understand about having people back there that that you don't want. I'm not particularly concerned about the permit. I think it may have been a matter of ignorance. Also, our inspector was not clear as to how this should be handled. And um I feel that this this needs to be approved and because you really need to close off the back of your building.

Thought I was going to say the line. I was expecting the line too. Steve, any other questions or comments from the commission? Anything from the audience? Okay. gonna move on to the to the motion. Anything you want to say? Anything else you want to say, Mark? No. You sure? This really is a no-brainer. Thank you. That's what I was gonna say. Thank you. Okay. Open open up for the motion. Rec recommend approve of site plan with stipulations as presented and discussed. So moved. Second. Thank you, Steve. Thank you, Mark. Any questions? All those in favor? I. All those who oppose that motion does carry. Thank you, sir, for your time, your explanation also. And commission, just so you're aware, we will prepare a site plan approval letter. Okay? So, there will be something that actually is documented that supports this commission's decision that will be attached to the permit application once it's issued. So, you still will need to get a building permit. You'll still have to pay that fee. Um, you didn't pay yet because it wasn't approved. you paid for the application for this evening for the site plan review. So, a building permit will still need to be issued for the fence. So, once we get that paperwork process, we'll contact you and let you know that it's ready to be picked up. You'll need that before there's any further installation of anything. Okay. Thanks, Mark. Thank you, Mark, for your time. Mark, so keep on keep on going. 259 Woodson Road. Please step forward. State your name, nature of your business, please. My name is Chris Rice. I'm on the executive team of New Life Evangelistic Center 428 Woodson Tipton's assistant on the team. Thank you all for coming tonight.

We are proposing to the board um the opening of a thrift store uh at at location 259A. Um it will be called New Life for New Treasures and uh it will be an opportunity to um just provide clothing to the community at lower cost. Katie chairman. Thanks. So this is an application for what we call a secondhand merchandise store. the there are five variances on file previously approved in 2017 for this site. Um an application for a variance related to the parking requirements is scheduled to be heard by the board of adjustment on July the 9th, 2025. In 2017, there was still a moratorum on the parking which is how that one wasn't required at that time. But our applicants have applied for that and they are um scheduled to appear before board of adjustment as you can on that site plan. There's not a lick of part hardly any parking at that site for them um in the downtown area. Even if I by ordinance can reduce the parking requirements by 20% by code, they still don't have enough parking down there. But we have plenty of parking, you know, public parking and and um that generates people foot traffic and, you know, hopefully more sales for everybody, too. Um the commission if the commission recommends approval of the conditional use permit and site plan it will be contingent upon that variance approval. Um per the applicant there will be no donation bins located on the site outside outside donations will only be accepted during regular business hours. Staff's recommendation is that signage be posted on the site regarding those donation procedures to avoid accumulation at the doors and that sort

of thing. That's all I have. Thank you, Katie. Special counsel. Yeah. So, if we look at uh again the exhibit B, which is the conditions on the conditional use permit, um limited to clothing, bedding, and housewares excluding large furniture as described by the applicant. Um if there's variances that's built in, they need to submit for and obtain them within six months. It sounds like proceeding on that. Um, we talked about signage. There is uh one condition here that says nothing herein should be construed to permit or allow the holder of the cup to place one of those donation bins. If you recall, we did a whole uh thing about donation bins. As Katie said, you know, it's all everyone's understanding that one of those isn't going to be there, but um this just kind of belt and suspenders it that that's a condition. This isn't approval for that and it won't be and and if uh there are any nuisance conditions related to accumulation of stuff, you know, obviously uh this permit doesn't get you out of the applicability of those. Um, but other than that, that's kind of uh, you know, the the conditions of the cup. They're pretty straightforward. Um, certainly willing to entertain adding anything else if the commission says so. So, it's easy. Thank you, pleasure council. Any questions or comments from the commission? I'm very talkative tonight. Uh, uh, Joe, it appears to me that this is really a retail outlet with certain hours. It's a retail strip. It's a retail storefront. Pretty easy.

I have a question. Uh but the sales you're using a point of sale system. Well, we will have at some point, but like most everything that goes out of the store will be on suggested donations for 501. So, we're going to run that based on suggested I don't know what I don't I don't know exactly what so to clarify uh the organization is a a charitable organization. Yes sir. Okay. Um, uh, do we have documentation related? Could you give us the 501c hold like just just so we have it? Uh, for sure. Not me. Maybe. Did you maybe give it to Nicole with the business? So, you know what? Uh, yeah. Yeah, I just want to make sure that uh because the CUP sometimes touches on business lensure and and I want to make sure that um we integrate something in to clarify that this is for a um religious or charitable organization because that can have business lensure, you know, it all fits

together. I know that we're we're looking at zoning right now, but we want to make sure that both these things are talking to each other. So, it's copathetic. So, um I am happy to add in uh And how does that work with So, if I were to shop at Goodwill and I buy a nice green jacket like yours for 20 bucks, is that sales tax? So, I'm looking at the Missouri um uh 14430, which is exemptions from uh state and local sales taxes. Sub9 is all sales made by or to religious and charitable organizations and institutions in their religious, charitable, and educational functions. Um it also includes elementary and secondary schools. Um, so I'm not sure exactly how I see this. I don't I mean I see this as a retail shop that's being operated by a charity. I don't see this as a charitable building. My understanding 30% of the entire Yeah, I I don't know. I see it a little. I was going to say I'm not a 501c3. You know, if you're selling in the basement of the building and less than 30%, that's one thing. But to open an

entirely separate retail store and say that we're operating as a charity across the street when the whole purpose of this building, this door you walk in is retail sales. You're not going in there to worship. Um, we just have to do maybe do a little research on this. Sure. Um, I don't think that should zoning piece of this, however. I mean, obviously you see it differently, certainly, but I just want to make sure we're all clear on this. Sure. Something we can look at, uh, that's what I'm not understanding. I don't understand why the sales tax thing, you're not going to charge the customer sales tax based on so nothing will be sold. So nobody can buy anything in there or if they do buy something they don't pay sales tax on it. So you're not actually so essentially you're not really selling. You're just say if you would like to give please do. But there's this it can cost five but you don't have $5. It's okay. You can still take it but this the donation you can give for that. So this is new to us too. This is the first time. So like this store that will help people in exchange for we don't make cash but it'll be like So the people that are going to come in the store

are not going to pay for the items. They they may they may pay for thems without paying that. It's all up to you. [Laughter] But if you can pay, if you can pay this, how much it would cost, right? But you don't have to pay. It's a It's a donation because you are 501c3. Yeah. And there's no taxes on it because you're also a ministry. Makes sense. To me it does. My issue there is, you know, if it's one thing, it's a church basement, but convert a retail store to something that's disguised as not retail when in all essence it is retail, albeit secondhand, that's what I have an issue with. Uh to be clear, we're not trying to like she said, this is the first time we've evereded doing something like this. And so it's kind of people donate these items to us like those items. We want them to have the ability.

Yeah, I'm following. It's just the paperwork here is what I'm trying to figure out. Are there any other entities that you are aware of that have such a retail program? The closest the closest that I can think of is like Goodwill, but isn't a good one have an LLC under let me say I'm with you in the whole you know like proceeds donations all that's donations and taxfree and no concern whatsoever for me on that end it's just the structure of receipts for our purposes for retail so in other words it's a free store that accepts donations yes ma'am clothing items and money if you want, but if you can come in there and you and you don't have enough clothing or you need a pair of jeans, you can get a pair of jeans and you don't have to pay for it. Okay. A bit of a maybe strange example when I start this idea, but I hope everybody will catch up. We we had a liquor issue with the bar. We said you can't sell liquor anymore. And then the next night the parking lot's full. They said, "Well, we're not we're not selling liquor. You're making a donation and we're giving you liquor for free. Obviously, that argument didn't hold up. So, you know, in this situation, even if it is donationbased, I know you're not a liquor store and you're the exact opposite of that, but um kind of the same idea is if there's no cost to anything and there's a donation, are you still selling it? In our position with the other businesses, of course you are because that's why people are there. So here, you know, using that same logic,

people are there to buy something. Um, and the cost is questionable. I guess it's kind of like a negotiated. You know, you buy a car and it's not the sticker price you pay. It's whatever you come to terms with. I think that that that description is probably best. Like we're going to encourage people buy things. It's not really like we have Right? But here we're saying here's a suggested donation. We'll have something on the shirt or on the things that say this is this is what we think. That's fine. Take it. But this is it's a negotiation. This is going to actually not don. And I wonder and show you what donations that would help. Yes, sure. And I I my question I'm not, you know, debating the charitable aspect of the receipts. It's just the sales portion is I think we're all understanding the question. So I'm not

questioning the you know what you do with if you sell something for $20. My question with what you do with the $20. I'm questioning is should there be a sales tax applied to that even though you are charitable organization because it is a retail store now. You're not operating out of a worship center. What would it be? Um, if you sold chicken dinners $20, what whatever that price may be, do you sell, and I'm saying not saying that you do, but would you would that be taxed or would it be a $20 donation? So, because we're operating as a ministry, pretty much anything that we do like that, right? If I were to say having this event. And because of our 501c3 tax that's going to take So purely your your goal is to help people find items at a cheap price. My goal is to help Yeah. My goal is to help our community items that we receive that maybe can't be used elsewhere.

So instead So instead of doing a yard sale one Saturday out of a year, you you'll be doing a store sale or or a storefront sale five days a week. In in addition, we also we're also training people who are homeless. There's an aspect our staff Yeah, I u I have a I understand your ministry and I matter of fact are you Larry's son? Grandson. I know Larry and um all the work that I've experienced with him and around him has been up front up top. So you guys have been around for 50 years. 53. This ministry helped me. And you live in Overland also, don't you? Oh, yeah. Okay. Clarification. Monday through Saturday 9 to 3. You don't want to extend those hours or open that up to any other times. Okay. We uh I mean these are pretty much following. Okay.

Additional comments? Yes, sir. Joel, it appears to me that this is not really a retail operation. because obviously there's no sales tax which is one of the ways that that a retail operation could be defined um because of their 501c3 status can't ask them to charge sales tax. No. So and because they're a religious organization I would um caution against treating them differently than we retail storefront. My concern is this this is a retail storefront with a different name on the front. I mean, for all purposes here, it's selling things to make money with the ultimate goal being nonprofit organization, which again, we're not disputing that part and I'm just looking this up. Yeah, I mean, Goodwill is 501c3 charitable nonprofit organization enjoys tax exempt status under the IR Internal Revenue Code. This exemption generally applies to federal income taxes and donations received. It does not exempt them from collecting sales tax on retail sales. However, chapter 144 does exempt charitable and religious from zur ones. So, they might be collecting federal. I don't know. But, um, I'm not trying to dodge I'm not trying to dodge I'm not trying to dodge taxes or anything. There was some way. Yeah. And I think part of the issue is here nobody knows the answer to correct these questions.

So to help us move forward, uh what is the how can we move forward on this? There hasn't been a motion made. Nothing's on the floor. We're still in discussion, but how can we ensure that everyone's informed and comfortable as we move forward? So what can be the next step? I'll refer to the refer the mayor and special counsel and actually Katie there. I think you all need to say what would be a a good move to move forward. Like Joe said 10 minutes ago, this won't affect the CUP or site plan, but that might be something we have to resolve at some point just for business lensure and tax collection. Right. Thank you, mayor. Thank you, special counsel. Any additional questions or comments from the commission? Anything from the audience? Please step forward. State your name for for the record. Please, please, Angela Williams. Uh, Mr. William Harderick invited me to Thank you. Um, Loaves and Fishes in Maryland Heights, they had a program for a long time and I actually would donate things to them. Um and they did not they were the same they their setup was the same way. First and foremost it was to donate what they collected. They didn't have a storefront. Um it was part of their church ministry and they would um uh if somebody that needed what they had had money and wanted to pay for it then they would here's my $20 donation. When it came to the taxes in Maryland Heights I have no idea about that but I know how they worked because I donated quite a bit of really to them.

And I happened to have one that I didn't need anymore. So, yeah. So, and that, you know, they don't they don't they will put um suggested prices on the items or for the items and it wasn't like the Goodwill. They had You know suggested retail suggested discount that happens some people have their own Kelly road. So, but in regards to it doesn't say anything about I couldn't find anything about sales taxes. Um, one question I I would ask is um do you have the and I'm not meaning right here the the the sales and use tax exemption letter from do. Thank you, Miss Williams. If you could provide that, that might help resolve at least the business licensing piece of this. Yeah. And actually me and Nicole Sanders because the business licensing side is in the admin department. So, she may already have the EIN number. You may have already supplied that. Yeah. Um and that's not something I see on my side. Just so

everybody is aware, but absolutely you can send it to me if you have Nicole's email, same as mine and Sanders. And that way we can make sure everybody has Yeah, I think we have that's a part of my questions came from the email and I'll just read this so we're all on the same page here is from Terry. Hi Nicole, I have more information for you. Arthur thrift store operates with suggested donations and not charging as with typical retail. I do not know if or how this may change things. So I attached all of our tax exempt and federal tax exempt information. Okay, that's just what I was going to say. I don't it's difficult for me to understand. I understand that you don't pay taxes because of of of your of your organization, but if I come in there and I don't pay taxes, I'm like, how come I don't have to pay taxes, right? Because I'm not a religious organization, so I don't understand. So maybe this is a a function of sales tax, but technically speaking, under Missouri sales tax law, it is the obligation of the seller to collect and remit it. So essentially, when you are doing sales of sales taxable entities, they could not they could decide to not charge you. That doesn't get them off the hook from remitting. So what they do is they pass that through as something that the customer So, a good example of this might be like an entity like T-Mobile where they claim no taxes, no fees, no nothing. Well, that's not correct. That's just they built that into their bottom line. So, it doesn't seem like a tax or fee because they're not passing it on to you in the same way that like if you bought uh any taxable sale item uh would otherwise pass it through. So, I could maybe say,

"I'm going to sell $10 shirts." Uh, and they're just $10. And whether you pay the pass through or not isn't your obligation. It's the seller that is in charge of essentially cordoning off part of those proceeds to be remitted to the state. So, maybe that adds some clarity. Most people just push the sales tax off onto somebody. It's the price of doing business. Um, but technically speaking, it's not fully the purchaser's obligation to pay the sales tax as it relates to the state. Now, to walk out of the store with the item, uh, if they want you to pay the sales tax, they being any retail establishment is going to make you pay the sales tax as part of the price because that's them pushing that requirement on to you. But if a business theoretically doesn't charge you, if they forget to charge you sales tax, you're not going to get taken away. It's sellers problem. Joe, I think clarify. I think I can add something, Joe. How how that works is okay. Um, no sales tax is a $10 item. Mhm. When the seller reports the sales price, they reduce that report by the amount of tax. Correct. And so if it's if it's 10% 10% community, they report a $9 sale, not a $10 sale, but you've collected $10. So, you know, that's that's how you're how you are actually paying the tax. They give light to you. [Laughter] I did speak to our account.

religious speak. I certainly think the documentation relating to tax exemption from the feds in the state would be But it sounds as if we might already have that. And if we do, you know, for all intents and purposes, if the state says we can't charge it, I don't know the answer to this or sales tax exemption. That's for purchases, right? It's not for sales. So it's it's all so if I if I operate if I want you want to answer fire away. No, I think it's all okay. If that's the case, that answers all these questions. I guess the question is what is the distinction? We've sold cars on that but not as a business though. But as far as Yeah, sure. And you I I'll use myself as an example. So I go to Holy Cross Church in Creep Corps and we have you know secondhand markets in the basement and you know sell donated stuff and that's normal and no concern. If Holy Cross went to downtown Overland and opened up Holy Cross Hardware next to Overland Hardware, whereas you walk in Overland Hardware and you buy a shovel for 50 bucks and you play sales tax and you walk in Holy Cross Hardware and it's 50 bucks, no sales goes charity. That's the issue that I'm seeing I'm trying to resolve and you know it's a whole other thing for gross receipts for business lensure and you know again if it's a church activity that's one thing but if you turn a retail store and you know all

the revenue is exempt that all stays the same it's just the sales portion of it is what and if we want to work with your CPA and can get direction from somebody with a license again whatever the law is I'm happy with I just don't know what it is I think unfortunately This is I I'm agnostic to this. Uh that's a loaded phrasiology as well. Um the Missouri sales tax exemption is fairly broad and it just says, you know, as it relates to state and local sales taxes, things for uh charitable. Let me pull the language back up. I'm looking at a a separate uh letter ruling as well. Um All sales made by or to religious or charitable organizations and institutions in their religious charitable educational functions are exempt from local taxes, local sales tax. So I think Missouri if if they if this organization the same one that's going to operate this business obviously if they're two different if it's you know two different LLC's whatever LLC is operating the entity and doing business needs to give us the the the letter from the do but if says they don't have to pay it I don't I don't They're the ones that view these sorts of things and yeah, I'm not arguing with that. All right. So, getting back to the C. Yes, sir. Any additional questions or comments from the commission? Anything from the audience? Yes. Get a front and a back. Maybe that could be my job.

So the only question I have for you guys um you are strictly nonprofit not selling to make a profit. So you're not selling you're not accepting donations for your items so that you can make a profit on So you're not donation so that's yeah so that's I just want to verify make sure that it's strictly and you're not selling to make donations so that you can take what you as a Yeah. As a as a nonprofit, we're a large nonprofit.

I don't I don't know if I would want to require that as part of it. Chairman, I have another question for Joe. Sure. So Joe, it appears to me that um the tax issue is is beyond the scope this committee. I would generally agree with you and what what what what is in front of us is a cup and a site plan and that's that's where we are. Saying that I'll open the floor for a motion to recommend approval with condition use permit stipulations as presented and discussed. I'll make that motion. Second. Thank you, Mr. Furnace. Thank you, Mark. Any questions? All those in favor? I I. All those who oppose. And motion does carry. A motion to recommend approval of site plan with stipulations as presented discussed. Attention upon variance approval. So moved. Thank you, Steve. Was there a second? Second. Thank you, mayor. Any questions? All those in favor? I. All those who oppose. The motion does carry. Thank you so much for your time and explanation. I'm pretty sure you'll probably talk to Katie again soon, but we we'll have a we'll have our our next uh council meeting here on July 21st. Thank you all. Thank you. Okay. Next up, we have a zoning text amendment. I'm going to go straight to special counsel. Yeah. So, uh, before you is a, uh, a text amendment relating to, uh, uh, daycare centers. What this is intending to do is, um, under current

definitions, uh, we kind of current definitions treat adult daycarees and child daycarees the same, but the definition only really discusses, uh, child daycarees. Uh obviously there are different uh things posed in terms of traffic in terms of uh you know loading and unloading and stuff like that related to different types of daycare facilities. So what this is intended to do is to essentially take remove the old definition because it only applied to children. Create a new daycare facility definition that's sort of the umbrella of all these things. And then within that uh umbrella there are three separate kind of choose your intensity sort of uh many sub definition. Um that being a daycare home which is no more than four persons typically occurring in a home environment uh that doesn't have overnight stays. a group daycare uh which is between 40, pardon me, four and 20 persons uh without overnight stays in a daycare center which is 20 or more. All of these are without overnight stays. Um under Missouri law uh group home facilities that do have overnight stays are already uh permitted in in residential areas. That's part of chapter 89. Uh so this doesn't touch any of that. This doesn't touch any um you know homeware. Uh group homes are defined in our code. Correct. Yeah. Um and that wouldn't touch anything related to that. Anything related to you know homes for children with disabilities where they have a caretaker or anything like that. This is to only address um

you know daycarees that do not have overnight stays um and kind of define out the universe of of those things. You will note that um this doesn't include like homeschools because you know uh that's kind of its own sort of thing. You know we don't want to get in the middle of people trying to homeschool their children. I have five kids. I don't need to go get a cup or do any of this. Um that's that's exempted as is like a religious uh like a Sunday school. You know, they might be watching more than four kids at a time. The intention is not to uh you know get those thrown into this sort of regulation. So those are defined out and separated and as are elementary schools and whatnot to the extent that we could even zone them. Um you will note that since we've created these definitions uh we are kind of re uh orienting the um the parking rags to talk about um as it presently was it was just children. So if these are going to cover children and adults we need parking rags that cover children and adults. We've calibrate calibrated it as keeping it one space for every 10 children, one space for every four adult patients. Um a minimum of 10 stacking spaces, whether you have 20 or more children or 20 or more adults. That's just kind of keeping that in line. And then finally, there are lot size requirements. Um, which essentially if you're going to operate um a four or less, uh, it needs to have an acre of land or a half acre, pardon me. If you're going to do those four

plus, which can be, you know, above 20, uh, it needs an acre of land. So what we're trying to target is um you know more intensive facilities that might need ambulance access that might need fire access um you know housing 10 plus uh 20 plus uh people with diminished capacities does require a certain amount of you know ingress and egress and and um as of our prior iteration of this didn't really have any limitations on where these things could potentially be located which um creates some sort of tension in the code between the use that is somewhat intense and um the places where they could be located which could be fairly small. So, this is trying to kind of rebalance that to say, you know, if we're going to have this intense use, uh, it should be on a larger lot that we can kind of build around a bigger parking lot, potentially, you know, circle access area, outside areas, fencing, playground. This is intended to kind of understand that some of these uh daycarees were previously potentially proposed to be in not the best areas. And this is our at least staff's hope to try to guide this as sort of this is what we would expect to see for you know if you're going to house 25 uh adults should be in something that's bigger than potentially just this room. Um, so that's kind of where we were coming from with that. I will say the acre requirement, uh, that was informed also by the place of public assembly. So, you know, your libraries, your churches, your large gymnasiums,

you know, those intensive uses that have a lot of traffic to and from, you know, those are also required under our code currently to be on an acre. So, that's kind of that's informing this as well in terms of intensity. Um it also has to be the sole principal use. So uh we're not having you know these in strip centers or something if they are of the more intensive varieties because um without that sort of limitation you might have a bar next to a a tobacco store next to a uh 4 to20 or more adult daycare. and that potentially might conflict with um intensity and what we want to see in certain districts. Uh finally, in terms of what if you read the site plan required sections regarding uh conditional use permits, what we did is we we looked at what was required for uh motor vehicle oriented businesses, which is where this is going to slot. If you read that part of the code right now, it says, you know, special provisions related to certain uses, and there's only one class of uses. So, this is going to slot in as a second class of uses under that ordinance. And, um, it does use some of, you know, structures, natural features, landscaping that is already kind of informed by the MVOB requirements that we do and um, sort of carried through for these uh, potentially more intensive uh you know uses. So I based on our internal review I don't think that this this change would necessarily implicate or or or make non-conforming existing daycarees. Um it doesn't currently have within it a

legacy provision. I think I've already made my uh concerns about legacy provisions. uh made, but you know, you never I'm usually very restrictive on those because they already have a right under law. So creating legacy provisions can sometimes increase those rights uh beyond what we would potentially want to see where you know you might find that there's another daycare that we never knew was licensed and yeah you could create a legacy provision that inadvertently legacies in something that wasn't even permitted. That's unbeknownst to us has been operating for two years and has correct 22 kids there. Correct. So, we'd like to think we'd know, but happened. Yeah. Yeah. I'm I've been burnt by a legacy provision before. So, I'm usually uh very I'm not sorry. I'm not following there. So, for So, you're not including any language in the event. So, if there is one currently not in compliance with the proposed uh updates, then if they were to, you know, transfer ownership, they would be allowed to. They would be allowed to. um in terms of just their their rights that already exist under the non-conforming, but if they close for any period of time, 180 days. 180 days. Okay, that's what I was asking. I don't know if that if it's just a closure of a business for any period or if there's a 180day non-compliance for this item. And I think what we would say is if it's like let's say for example a school and they're out of session for three months, I think we would at least interpret that as they're intending to continue the use. That's just the schedule of their business. Um I don't think we would read that as being so strict as to say that I don't believe we would count. And again, when you're talking about schools, you're talking about the school district

and totality. I don't know that we have any other schools currently in the city that also have daycarees as part or or subp part of what they provide. So they would have they would have a a certain suite of vested rights. Um and for example, if they closed for 181 days, they could still seek a variance and they could still remain in business. But um you know that would be within the purview of the BCA. Whether it continues um in that regard. So I guess willing to entertain additional questions or comments on you know does this flow make sense you know go and go to Mark first and come to you after the go Joe I got to tell you this is pretty impressive and as you know I don't compliment all of very often I don't feel that way this this obviously we had a a recent incident. Yeah. If we would have had this, it would have been not a problem at all. And I I think it's very good to have the lot size requirement, freestanding buildings, uh independent business because there's going to be more of these and not just in our community, but in all communities. So, this is it's nice to be proactive. Y and this would for what it's worth um you know I did consult other community codes the kind of you know look at ours what we do in terms of sizing requirements for intensive uses look at what other people are doing trying to marry the two so this isn't you know so if a developer were to come they wouldn't be like oh my god this is the most insane way to do this it's the goal is to kind of mirror

or at least kind of be informed by what other communities are doing and also what we're currently doing for things like places of public assembly and and daycare facilities are necessary. So this is not our attempt to not have them here. You need them adult daycarees and child daycarees, but we also want to make sure that it's again not so intensive that it's running other businesses out or not allowing enough parking for another business, that sort of thing. So collectively with the the information that you've obtained through other cities and ours and married those all together we think that it's put together a nice package to move this forward so that in situations like we had definitely it's not even going to make it here to follow continue that question you mentioned like number and the extrapolation of these things throughout um this part of the county what's your opinion on setting a restriction in terms of number for an operation like this. So I'm sorry, what was your question? What's his opinion on setting a cap in terms of number of establishments that can do this? How many we have in the city? I think caps can get complicated because these are licensed businesses through the state. They are allowed to operate. Um I think the corary to that would be so are liquor stores, you know, and we have put a cap on those. But I think the concern would be if that cap doesn't keep up with demographic change, are we getting into a situation where we're inadvertently creating like an ADA issue or some other issue we're not intending to do? Um I don't think I've seen uh caps on these necessarily. I I have seen, you know, there being more I hate

to say hurdles, but more requirements to run these more intensive facilities that are aimed at, you know, balancing those interests. Um, a total cab. I don't know for certain, but I think not only by being licensed, but but regulated by the state as well, we're we're required. We have to put them in the M1 district. We have to allow them. Right. Right. We couldn't ban. Right. The question is if we said 10's enough, what's the legal effect? Gotcha. I would these sorts of when you get into particularly uh protected classes, you know, with potential individuals with disabilities or um in an elderly population. It can get really hairy really quick if it's if it's not kind of laser tailored and potentially continually up. Yeah, because I I of all the ones that I can think of in town, I can say with certainty that I've received complaints about every single one of them, whether it's neighboring businesses, folks who live next door, people have to share a parking lot. Every single time we've had one of these open, my phone starts ringing for problems that shouldn't exist. Um, and some of the stuff, just so the whole board's aware, it's stuff that I hear I'm like, "What are you doing?" We had, you know, adult daycarees with, you know, grills in the middle of a parking lot with flaming um charcoal right next to people trying to pull into a parking lot. putting grills in the middle of a parking lot when people are driving around at night, you know, just stuff that it's just too much of a an attraction there for folks to just keep people sitting there for 12 hours a day. And either that or they put them outside and they take up sidewalk space and businesses don't like that sitting next to their business. And people who live at the house don't want to look out their back window and have

you know 20 people sitting in the backyard next door all day when you just want to go sit on your back porch and you know suntan or read a book or whatever. Um so that just the issues that I see every again every single one of these that we have is caused major problems with everybody who's next door to it. So having this acre half acre depending on the status I think that cures a lot of this. Here's the issue that came up last month, but I'm just curious as to what we can do to further prevent because sure, do we need some of these? I guess the business is there, but uh does the city benefit from these? I would say they're a net negative. And I usually try to say, you know, any sort of caps or things like that should be data driven. I'm I think I harp on this a lot about like speed limits and other stuff. Um that would be my concern is if if we were to be informed of potential demographic shift where we had a absolute cap on these sorts of things to where uh members that are elderly would say well this city is discriminating because it's not keeping up with demographic shift in this regard. That's kind of a headache to have to deal with as a legal matter. Not that that should guide everything. But that would be my main concern is, you know, you're not going to know the full legal enforcibility until the court's going to tell you what it is. Question, please. Hold on, Mr. Furnace. I'm gonna go to Ken first. He had a question. Joe, explain this one acre requirement. There's not a one in town now that's sitting on an acre. Correct. What's it mean for them if they want to sell or So, so they will be able to sell and continue operating those existing ones as as non-conforming uses so long

as the business isn't shut down for 181 days or um attempted to be expanded or you know all those other limitations under the the nonconformity code. But if they were to shut down, let's say for a year or two, uh they would either have to seek a variance or find a different property, find nearby properties to consolidate and create um a large enough lot. I I would point out that, you know, up to four people is only half it. So there is more room for that to occur. Um it's just the more intensive ones. Once you get into 10, you know, five, 10, 20 plus people, that's a lot of people. And um you know, that can create just all these sorts of headaches, parking issues, ambulance services, you know, it those sort of knock-on effects. So, um, if they are on a halfacre, they could maybe, if it's past 181 days, because the the ones that exist could continue. If it's, let's say, nine months and they're currently servicing 10 clients, which would put them into the acre bin, uh, if they cut it down to four and they have half an acre, then they can continue because they would have the lot size. So, Yeah, there is going to be a little bit of change in uh how these are regulated, but currently they're not at all. And and we've I hate to say been using uh the director's fiat to interpret this, but as it stands, the daycare definition doesn't even talk about this. So, we've been kind of using that definition to say, well, it does mean every even though it doesn't children it's daycare

means the whole universe of things. So in fairness both regulated by the same state correct entity right so when we presented it to the commission it's because we tried to find as much something similar within the code yeah I'm not trying to suggest that you're just winging it but but the definition as it stands is is imperfect for what we're using to do um in terms of the acreage requirements that could be decreased certainly we could pass it and and you know again we have an issue where nobody can open any of these. It becomes a problem and we need to revisit this. I was going to suggest go to four acres. Well, where you going to find that? Okay. Um Joe, you you you answered many of my questions in your discourse and um the you answered the question about the existing uh uh programs or businesses that they would automatically become non-conforming, but legal non-conforming. Yeah. Yeah. Okay. And so long as there's not other issues relating to their conformity, I hate to always say, yeah, they will be legal non-conforming because if they didn't apply for a fence permit. My question also was about variances and you kind of begin to touch on that and who would be responsible, you know, to uh to review any variances for this. So that would be the board of zoning adjustment would review those. in terms of what this would be is you would seek variance from the halfacre or the acre requirement or I mean I wouldn't hope that you seek variances from the other things but I think that would be the main thing that would be an issue for people to comply with and that would just be as many things are something

that's considered by the board of zoning adjustment and um you know we would say the commission and city council have set out these rules. We would prefer people not have waiverss to them, but they're a quasi judicial entity too. They can do their own uh they can arrive at their own decisions based on evidence presented. So um certainly variances would still be available for those sorts of things and if it became an issue where we were seeing that the requirements were too ownorous it could be revisited again to you know find the goldilock zone so to speak. So this is going from I'm not going to say nothing but near nothing to sort of this might seem strict but the goal is ideally to probably find the Goldilock zone of you know balancing those interests between safety of use of the property uh community desires kind of this whole kind of brew of things is what I would say. So, um, you know, again, I I I chose the halfacre and 1 acre because a it's nice round numbers. Um, and because that's what we use for places of public assembly. So, we can easily say, well, this is these are like for like, you know, these are intensive uses. We want to make sure that people that are intensely using property are doing it in a way that um makes sense. you know, in the um in the daycare licensing code, uh they use um outdoor space measurements. It's 75 square feet per child. I mean, per indoor space, you know, 35 to 45 square feet. So, did your numbers kind of correlate with those? So, uh I that I did not uh

look at or or try to harmonize those. Uh certainly we could revisit those specific numbers to try to spit out, you know, again the Goldilock zone, so to speak. Um I will say I'm not an expert in all those regulations. Um so yeah, there might there might be an instance where we might be over uh I like the idea of setting the bar high. I like that idea. I my my hope is that you know by having that high bar ideally we get um better and and best designs you know um sometimes having a little bit of rules helps formulate that. Um so that's that's kind of the goal I guess right K. Yeah, absolutely. And and as you know, the state actually regulates by the square footage. So, we've never put those limits in terms of the numbers. And we're still really not in terms of the building size. We're looking at the size of the land. Any additional questions or comments from the commission? Anything from the audience? Please step forward. Miss Miss Angela Williams. Uh, I was making some notes while you guys were talking and my question is is u churches did do you have that in consideration? Uh, in terms of what? In terms of being able to have a daycare inside a church. Yeah. So, they're exempt. They're exempt. Okay. Yeah. So, that's kind of the Sunday school issue. We don't want They already have lot size requirements. They already have certain requirements. Arguably, Raulupa allows them. We should all just become churches then, so we can do anything we want, right? You know, I

I think somebody else had that idea. Yeah. You might have to take that up in the tax code. I don't know. I'm just a humble local government. Yeah. Um, in regards to daycarees, whether they're adult or child daycarees, um, in a residential area or that backs up to residential homes, could you require a privacy fence? Uh, yeah. So, what what these do is these definitions, and I'm I'm looking back at them, but um they'll still be required to uh procure a conditional use permit. So essentially what we're doing is we're saying, you know, here is kind of the baseline to even get into consideration to get a cup. Got and then once we do that cup, that's where we would add in those sorts of things like, hey, you need to fix the landscaping. Essentially what we've been doing, right? That's where those would come in. The fencing, the landscaping plans, that sort of and you said you weren't working in a legacy or a grandfather clause. Um, but could you legally work in a grandfather clause that states any current day as of the installation July 1st when this takes effect? Certainly could. If anybody if we have a business that's in good standing with um the city lensures, no complaints, you know, no legal complaints. Okay. Uh no legal mishaps that Those cases are those locations are grandfathered in. But should you wish to expand, you must follow the new rules. Put in a caveat. Yeah. The Yeah. That way it kind of I'm thinking that it locks out them to go, "Oh,

and then you're also protecting giving them protection but you're also going to tell them that okay now if you want to grow in the future can't do it here." Yeah. So the nice thing and well nice what have you um is they already do have a certain amount of those vested rights protected right and they are already limited by the non-conforming code from expanding usually and maybe I'll describe a little bit how the sausage is made usually I we kind of formulate how we draft this and you know uh certainly uh I try to add in well I certainly add in it everything recommended by the commission but um when it comes to things like uh legacy clauses I'm usually hesitant because and you might find uh there's one down the block nobody knew about and now we all have know that they have to have you know if they have a valid license so that would ex that would exempt the one down the block that doesn't have a license so long as the records that were always kept were always right good. You know, there's always there's always the concern of the wild deed or something like that. So that's why I'm usually hesitant because in my personal view um the non-conforming code should protect enough of that that can arguably prove it falls under the ambit of that protection. Um that being said, obviously if the commission wants to add that, I serve at your pleasure. But um I'm usually hesitant for those because of um you never know. You find one that was like, "Oh, this was licensed in by the county before the city was incorporated. What do we do with it?" It's like, "Oh god, now that's really

Sure. Sure, sure." But but yes, great. You hate to come up with I know you know the crazy hypothetical. Uh I hate to came come up with one but they do exist. So that's why I'm usually hesitant to do it. So but again if that is something the commission or the council wants to add in obviously I serve the pleasures. So Katie and Joe are we looking for a motion here or is is is that next step? Uh if you're happy with what this reads if everyone's happy then recommend approval. you would like to consider an amendment to it. Um, we do we have any additional comments or questions, Miss Williams? Okay. Thank you. Thank you. Any additional comments or question from the commission? Not on this. Not on this one. Yes. Okay. Seeing no additional questions or comments, I open the floor for a motion recommend approval zoning text amendment as presented and discussed. So moved. Second. It's been moved on and properly seconded. Any questions? All those in favor? I. All those who oppose. That motion does carry. Thank you. And Katie and Joe, nice work. Very good job, guys. To Joe. Good job. It creates a foundation at the store for future conversations. Definitely. I just create the problems and call you and say, "What are we gonna do about this?" Move on to our director's report. Uh, director actually has no recent conditional use permit applications that can be amended and approved administratively. So, I have nothing to report at this time. Thank you. Any additional comments? Mayor, could I ask Katie the standing of D Carlos? I had it.

There you go. That's why I chair. Okay. Sorry, I don't have any more information to give you right now. Uh, do you have any new information? Um, I don't know if I said it's this board, but as you know, the property is all reverted back to the lender and the lender is the one that's done the cleanup the past six, eight weeks. What are you referring to? Uh, the Carlos building up on Lackland like 10, 102 something. It's the building with no roof. So, all the all the outside stuff is gone. The fence are still fences are still there, but um they got a problem on their hands how to put that building back together. I have spoken to a property owner, property buyer in the area, but I don't want to give any false hope. He called and asked questions, but in at this point, there's really nothing to tell. call. Few phone calls doesn't equate to much, especially regarding that building, right? like to do that. usually try to and to be to clarify and be clear that as the mayor has stated this was reverting back to different ownership. So even if we would have started that process we would have had to start it all over again.

So that's part of the reason that there's been a standstill for the city. Yeah, good question, Mr. Crowder. I thought it was confident. I've got two things before we uh take off here. U one, everybody welcome Diane. She's been here at meetings in the past. It's her I don't know if anybody knows but it's her first official meeting as the PNZ coordinator. So she's changed jobs. New office. She got an office. Not yet. And also audio visual. We're still under construction in the admin department. So I have the admin department people down and we're all crammed in down in community development. Okay. But she will have her own office and she knows how to run the microphones. She does. God bless her. Tell her that's your job from now on. And uh second item um need to elect the chairman and I'll make a motion to reelect Mr. William Hardrick. Second. Third. This is called the railroad. This been moved improperly. Seconded. Uh any questions? Do you want to do it? Yeah. Yeah. It's a good time. Vote first. Vote. before we ask a question. All those in favor. I All those who oppose. Motion carries. Thanks everybody for this year. Thank you for all you do. Is this year four? It's at least three maybe more. I came in the middle of a middle of a election I think. Yeah. How long has Beth been in office? April 22. Yeah. Well, this is three and a half then. I came when Beth would I was like, "Are you trying to get a raise?"

Yeah. You know, you know how you do that. Okay. If I could just get a desk, you know, we can start right there. Okay. You do an awesome job. We appreciate you. Thank you. It's a good time. Thank you all. Thank you all. Also, welcome, Miss Kenna Dietrich. Also, thank you so much for coming. Yeah. Thank you so much. Any addition any additional questions or comments, mayor? Anything else from the commission? Okay, seeing nothing else, I open the floor for a motion to adjurnn. Make the motion. Second. Thank you, Ken. Thank you for that second, Steve. All those in favor? I. All those opposed? Motion carries. Meeting adjourn 7:42. All right. Good meeting. Thank you. I'll hit the button for record here. Got it. Is he doing it? He's doing it. Who's doing it? I hit it a second. It takes a while to adjust. I want to ride you.