>> good afternoon.

Welcome. I'd like to get started if we

can.

A special meeting of the urban county council second reading.

First order of business is to

call the roll. >> Ms. Plomin. >> yes. >> Ms. Scutchfield. >> yes.

>> Mr. Stinnett. >> yes ma'am. >> Ms. Higgins. >> yes. >> Ms. Bledsoe.

>> yes. >> Mr. Fred brown. >> yes. >> Mr. James brown. >> yes.

>> Ms. Evans. >> yes. >> Mr. Farmer. >> yes, ma'am. >> Mr. Gibbs.

>> yes. >> Ms. Henson. >> yes. >> Ms. Higgins. >> yes.

>> vice mayor kay. >> yes. >> Ms. Lamb. >> yes. >> Mr. Moloney.

>> yes. >> Ms. Mossoti. >> yes. >> Ms. Plomin. >> yes.

>> Ms. Scutchfield. >> yes. >> Mr. Stinnett. >> yes ma'am.

>> before I ask the clerk to give second reading in case people haven't been following this.

this is not a regular meeting of the work session.

This is a followup to a zone change hearing last thursday

night and we had gotten to a

point where we needed to do a re-reading, a new first reading

of the proposed ordinance and scheduled a special meeting to

have the second reading of the ordinance.

So a continuation of that hearing. The hearing itself was closed.

We are at the point where only council members are considered

to be recognized for comments. If you would give us a second

reading, please.

>> motion to amend the ordinance

before it receives second

reading. >> before it receives second read snrg.

>> correct. >> thank you.

Council member evans. >> thank you, vice mayor.

I move to amend ordinance number

1 to include the address of 8785 durbin lane.

This is a material change that

requires a new first reading. So moved.

>> seconded.

>> motion and second to amend to

add that address.

Any discussion on the motion? All those in favor please say

aye. Opposed?

Motion carries. We'll have the first reading of

the motion as offended.

Is there law? Before first reading?

Council member farmer. >> am I correct that from

thursday night's meeting, that

there are seven types of uses

that we took out, is that correct?

In the way that it is couched

today?

There w that the council voted to

exclude as permanent exclusions

from this particular property in the a-n zone.

Those that are in there that I think should remain based on

commentary since then are

cemeteries, creamer toes, mausoleums as one.

Non-service facilities of public auto tilts and common carriers

by rail including office garage

and warehouse space as the second one.

Third one outdoor rifle and

other firing ranges and outdoor rodeos.

Fourth being mining and/or quarrying of non-metallic

objects and the fifth one being radio telephone and/or

television transmitting or relay facilities.

So for purposes of making the

motion today, I would ask that we strike from the list of

things that can't be had there

one is churches, sunday schools and parrish houses and the

second one is youth camps. So moved. >> second.

>> motion and second to amend the ordinance as presently

constructed.

Discussion on the motion?

Council member lamb.

>> I just have to express my

concern with these changes just

because I just don't feel like

that allowing these, removing

these prohibited uses is a smart

move for the environmentally sensitive area that we are

talking about and I would like to urge my colleagues to think

long and hard about this because

once it's in there, it is do I

change it so this is a serious change to it.

I respect council member council member farmerrer's efforts to

move forward with a change so that we can move forward with

the zone change, but I do have strong concerns with removing

these prohibited uses and I urge my colleagues to think really

long and hard about that as

well.

Plus I believe that there is

another option and that it's not the proper time to bring that

while there is a motion on the

floor, but I would like to have

that opportunity after depending on what happens with this motion.

Thank you. >> thank you.

Council member mossotti. >> thank you vice mayor.

I have a procedural question.

Aren amendment.

>> cowrnl ef's motion was to include the property address of

durbin lane.

Council member farmer's motion

is to remove two of the

conditions so it's two separate

things.

First reading will be for both things together. >> I guess my question is are

she was making a motion to, because there was a change.

So isn't that an amendment to the initial or our original

motion because the original motion obviously didn't...

>> no, because you've already acted on council member evans'

motion so there is a second

motion for you all to act on. >> can the law department give

us advice as far as why we are amending this motion?

Just want that for the record.

>> council member evans made a

motion to include the address

durbin drive, which is what the material change which would

require a new first reading. And so we'll have to do a first

reading on that. Council member farmer is making

a motion to remove two of the

conditions which is also a material change that would

require a first reading.

So instead of doing two first readings the clerk will read it

once giving it a new first

reading with both of those

changes. >> I guess I'm a little confused.

>> vice mayor, May I...

>> I yes, from the parliamentarian, council member lamb.

>> and I apologize, I didn't hear everything you were saying

because I was talking at the

same time which I know is rude but...

>> that's okay. >> my take on the situation

right now, the reason that council member farmer's

amendment would not be an amendment to council member

evans' motion is because council member evans' motion has been

made and voted on and that is off the table.

Now what we have before us is council member farmer's motion

which is separate. That's my. >> and I believe that's the

advice we got from law.

So that's... >> we said the same thing.

>> all right. Cool. >> because I was listening to

you and then... So it was a little difficult.

Thank you. >> thank you. Council member moloney.

>> I just want to say I'm going to support this motion for a

couple of reasons. Originally when we did this, all

these were in there.

If we went ahead and that motion

does not pass, planning commission would go on with

these conditions in their and

the one that I'm really concerned about is the quarry

and I just I'm just hoping you stay there forever but I can't

frm promise you that but whoever comes in there, I think, taking

the quarry out is something very important to me because I know

in my district what that does to

the neighborhood, it does, especially the history of your

place is bull down there. But understand these are

conditions that have to go in front of a board of adjustment.

I May not be here 30 years from now. And if it goes in front of a

board of adjustment they have to go through the hearings, the

signatures, for a church and

activity youth activity, that's

something 20 years from now that I think, I don't have a problem

but the rest, a quarry, they have a lot of people with a lot

of money, they can come in here and fight this.

I support Mr. Farmer's motions

so I hope my colleagues support it.

I hope to see it taken out. >> council member farmer.

>> thank you vice mayor just

briefly the list I had read

would be would not be possible in this zone.

By leaving the churches, sunday

schools parrishs and youth camps provides the opportunity for someone potential will I for

this piece of property to pass

for that use which would thn guarantee a hearing and a time

and a place for folks not

automatic thing it leaves those

uses on the menu for options for

this potentially in the future.

>> a I

ask a question regarding if

these two issues were removed

from poabted uses, May I ask the division of planning to explain

the process that anybody, the owner of a property would have

to go through in order for those prohibited uses for the

churches, sunday schools and parrish houses an youth camps to

be considered on that property. >> I think we can ask questions

of law and if you think it's appropriate we can have a member

of the planning staff also. Would you prefer...

>> I would ask if.

>> I would ask for Mr. Sahle

to, please and thank you. >> good afternoon. If I understand the question, it

is that if these two uses are removed from your ordinance they

would still be probably future allowable conditional uses for

this location if it were zoned a-n. The process that would be

required of that would be an application to the board of

adjustment which would require a

public hearing at that body and they meet the last friday of

every month most of the time so there would be notification and

a public hearing before either

of those uses would be possible

at this location if they were

removed from this list.

>> just trying to make sure parliamentary procedures trying to be respectful.

Is the notification process for the board of adjustment the same

as for the planning commission

as far as the certain radius and

so forth and how does that work

as it relates to out of county notification?

Almost identical.

Out of county is the same and radius is the same.

What is different is supplemental notice.

It's broader for conditional use

than it is for zone change. It's almost twice the distance.

It's up to one mile for conditional use.

Only 2400 feet for zone change. >> thank you for your time.

>> thank you vice mayor.

>> thank you.

I see no other speakers signed

up.

Iement going to resist the temptation to comment myself and

call the vote electronically please.

All in favor signify by saying yay.

Opposed vote nay.

Motion passes.

That then requires a vote on the

second reading with the two amendments. >> the clerk will now give it a

new first reading.

>> okay first reading as

amended. >> ordinance as amended.

Ordinance changing the zone from

an agricultural rural a-r zone

to an agricultural natural zone

for... For property located at

8291 and 8385 old richmond road and 8385 durbin lane with

conditional zoning restrictions

boon creek properties L.L.C. District property 12.

>> thank you.

>> now I will entertain a motion to suspend the rules and give

second reading. >> so moved. >> second.

>> motion an seconded to suspend the rules and give second

reading to the ordinance.

Any discussion on the motion? >> council member lamb.

>> I don't have a question on the motion.

And yes, I'm going do this even

though it might be out of order. Law department should she have

not read it, should she have not added the word as amended at the

end of that ordinance for first

reading?

To reflect the changes that we

passed, prohibitive uses? >> I think it's fine.

>> so the first reading

reflected both of those

amendments is that correct. >> correct because you are going

to have on the record both of the motions made and passed and

then the body of the ordinance

is going to include the change

but if you feel more comfortable adding as amended, you can but I

think we both agree it's fine. >> I'm just speaking from a

historical perspective which I

cannot keep from doing that any time we amended anything in the

body of it which would include

prohibited uses, if we changed

from what it had been prior,

which we did, we read the ordinance to reflect as amended

so I would feel more comfortable

if it was read that way.

>> nd again the

ordinance and reflect it as

amended. Ordinance changing the zone from an agricultural rural a-r zone

to an agricultural natural zone 8291 and 8385 old richmond road and 8385 durbin lane with

conditional zoning restrictions boon creek properties L.L.C.

District property 12.

I believe we nonetheless have a

motion and second to suspend the

rules and give second reading do we have to do it again.

I need a new motion for a second to suspend the rules.

>> so moved. >> second. >> motion and second to suspend

the rules and give second reading.

Is there any discussion on the

motion? Seeing none, (All talking at once)

Please say aye.

Any opposed?

I believe that reflects one no vote.

That motion passes. We can have a second reading of

the ordinance. Ordinance changing the zone from

an agricultural rural a-r zone

to an agricultural natural zone 8291 and 8385 old richmond road

and 8385 durbin lane with

conditional zoning restrictions boon creek properties L.L.C.

District property 12. Council district 12.

>> thank you. Motion to approval.

Motion and second.

Discussion on the motion?

Please c >> Ms. Bledsoe. >> yes. >> Mr. Fred brown. >> yes. >> Mr. James brown. >> yes. >> Ms. Evans. >> yes.

>> Mr. Farmer. >> yes, ma'am. >> Mr. Gibbs.

>> yes. >> yes. >> Ms. Higgins.

>> yes. >> vice mayor kay. >> yes.

>> Ms. Lamb. >> no. >> Mr. Moloney. >> yes.

>> Ms. Mossoti. >> yes. >> Ms. Plomin.

>> yes.

>> thank you very much.

Vote reflects passage of the motion. Motion to adjourn.

>> so moved.

>> we stand adjourned. Five minute break and have the

work session scheduled for this

afternoon.