07-22-13 Common Council Meeting Minutes

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REGULAR MEETING JULY 22, 2013 to really make sure that we have consistency throughout. So at this time, there was a question that Councilmember Davis, Jr., but have forgotten that questions, but allow that question to be addressed and then we will move toward a motion from the Council regarding this bill. Please restate the question. Councilmember Henry Davis, Jr.: Before I do that, you know what; you brought up something that makes a lot of sense. We already starting working with the Council Attorney preparing a new policy for mini-mart stores or that zoning, so again, I will extend that invitation to any Councilmember that is willing to participate on that. That is obviously a conversation that I have been holding with Council for a while. So again, extending my hand out, an invitation to say hey do you want to participate, you know please. Mr. Danch, I asked you earlier, about the investment being made. I am asking again is there any possible way that this investment could be still made, it probably still won’t be at the level of 500 hundred grand or even higher. But because of the convenience of the items that are being sold in the store, things that folks obviously need as far as accommodations could we go with the plan just to expand the store rather than the store and gas pumps. Can we separate those? Mr. Danch: No, that’s what we were just discussing. Because the issue came before Council as the rezoning with the special exception, it would have to be done together. If we could split those up that would be a different situation where Council could say okay forget the gas pump part of it and will give you the zoning. But because of the way it’s done, you actually have to vote on both things. What would happen, what you are suggesting is that if Ricky wanted to at some point in time to do an expansion for just some things, he would have to come back before this Council with just a rezoning petition and we would have to go back again to the Area Plan Commission because again the zoning that we are asking for this and because of where this location is we would have to go back to Area Plan and ask for approval of the 11 or 12 variances all over again as well. And to bring before Council just a zoning petition, so he would have to go through this process again, to just do the zoning portion to do the improvements. Councilmember Henry Davis: Ok, I understand that and I’m glad that you explained that to us and I’m not happy that it is working that way, however, in the essence of good governing is there any potential way that this conversation could happen again without the gas pumps, obviously for the convenience need to expand the store for the area? Again, look we need the investment, believe me, but what I am getting at is that I don’t want to be in a position that we get into the investment and it hurts us more than it helps us. Mike Danch: The only thing that we can do after whatever Council decides this evening is for Ricky to make a determination which way he actually wants to go with this particular piece of property. We have had conversations with the Building Department on what he can and cannot do, and he is really limited on what we are allowed to do with the existing situation, with the existing zoning classification that he has now. We have tried to look at every possible thing that could happen with the property but that will be something that we will take a look at. Councilmember Henry Davis: Is there anyone from the City Administration, Mike is here, is there any way that the conversation can happen and I am more than willing to participate with you and Rick and Mike and whoever from the administration to secure a better way of investing the money to help out the neighborhood regardless of whether the plan is put in place or not. Mike Danch: Sure, we would be glad to. Councilmember Henry Davis: Thank You. Councilmember Oliver Davis: Roll Call Councilmember Schey made a motion to send this bill to the full Council with a favorable recommendation. Councilmember Dr. Fred Ferlic seconded the motion which carried. The motion was defeated by a roll call vote of two (2) ayes (Councilmember’s Schey, Ferlic) and six (6) nays (Councilmember’s Scott, Henry Davis, Jr., Oliver Davis, White, Gavin Ferlic, Dieter.) Additionally, Councilmember Scott made a motion for unfavorable recommendation to full Council concerning this bill. Councilmember Gavin Ferlic seconded the motion which carried 8