[1. CALL TO ORDER.]
[00:00:09]
>> SPEAKER: WE WILL CALL TO ORDER TONIGHT AUBURN CITY COUNCIL MEETING COMMITTEE OF THE WHOLE FOR AUGUST 2, 2022.
[2. MINUTES.]
THE CITY COUNCIL SHOULD HAVE THE MINUTES FROM THE COMMITTEE OF THE WHOLE OF JULY 19. ANY ADDITIONS OR CORRECTIONS TOTHOSE MINUTES? >> SPEAKER: MOVE FOR APPROVAL.
>> SPEAKER: SECOND. MOTION AND SECOND.
[3. MURALS AND COMMUNITY ART STUDY COMMITTEE RECOMMENDATIONS.]
THE MINUTES ARE CARRIED FORTH. MURALS AND COMMUNITY ARTS STUDIES. MAYOR PRO TEM WITTEN?>> SPEAKER: YOU HAD EARLIER IN THE YEAR YOU HAD TASKED MYSELF AND COUNCILPERSON BOB PARSONS TO HEAD UP A STUDY GROUP ON MURALS AND WE HAVE CONCLUDED OUR WORK AT THIS TIME.
TESTING -- >> SPEAKER: IT HELPS FOR THE VIDEO. WE WILL PUT THE IT GUY ON THE
SPOT AND LET HIM HANDLE IT. >> SPEAKER: THANKS FOR WAITING WHAT WE FIGURE THIS OUT. 'S BACK JUST GIVE ME A SECOND I'M HELPING WITH IT. (LAUGHTER) (SILENCE) (LOSS OF AUDIO)
(CAPTIONER STANDING BY) >> SPEAKER: HERE WE GO.
>> SPEAKER: I AM NOT REPEATING THAT.
(LAUGHTER) EVERYONE HAS AN AGENDA IN FRONT OF THEM. COUNCILPERSON PARSONS AND I HAD A STUDY GROUP FOR MURALS AND WE HAD A COMMITTEE THAT INCLUDED JENNA JAEGER FROM THE PLANNING COMMISSION AND ROBIN BRIDGES FROM AUBURN OPELIKA TOURISM AND WE HAD SOME STAKEHOLDERS THAT WERE THERE AND MARCUS MARSHALL FROM THE PLANNING COMMISSION.
WE HAD PARTS AND DIRECT WAS INVOLVED.
WE HAD REPRESENTATIVES FROM JULE COLLINS SMITH MUSEUM, SOME RIVER SEDATIVES THAT CAME AND SPOKE TO US FROM THE MONTGOMERY ARTS COMMISSION AND SO WE HAD SOME FRUITFUL MEETINGS.
IF I MAY HAVE CITY MANAGER CROUCH IF WE COULD HAVE MR. CUMMINGS, AND I BELIEVE HE HAS A PRESENTATION TO PROVIDE
SCOTT CUMMINGS OUR EXECUTIVE DEVELOPER IS GOING TO PROVIDE A PRESENTATION AND I WILL HAND TO YOU ALISON WOULD HAND ME THE PRESENTATION AND I WILL HAND THEM OUT OR WE WILL HAVE HIM GET
STARTED. >> SPEAKER: YOU HAVE TO PUT ME
[00:05:02]
ON I DON'T HAVE A THEATER. MAYOR AND COUNCIL THANK YOU FOR THE OPPORTUNITY TO MAKE THIS PRESENTATION.IS A SUMMARY AND RECOMMENDATIONS OF WHAT WE HAVE COMPILED OVER THE PAST FEW MONTHS. I MADE SOME MONTHS WE STARTED MEETING IN FEBRUARY OF THIS YEAR AND CONCLUDED WITH THE STUDY COMMITTEE FORMALLY MEETING ONCE EVERY OTHER WEEK IN APRIL.
AND THEN STAFF CONTINUED WORK BASED ON THE OBJECTIVES THAT THE STUDY COMMITTEE HEADED DOWN TO BEGIN TO WORK ON EVALUATING WHAT THE OPPORTUNITIES WERE TO PERMIT MURALS IN THE CITY TOOK.
JUST A RECAP, MAYOR PRO TEM WITTEN, SUMMARIZED THE FOLKS WHO WERE INVOLVED IN THE GROUP AND IT WAS PRETTY EXTENSIVE GROUP.
WE MET THROUGH JUNE ON EVALUATING THESE ALTERNATIVES AND THEY WANT TO GO THROUGH SOME OF THE THINGS WE HAVE TOUCHED ON. THE OBJECTIVES WERE KEY AND THE FOCUS OF OUR EFFORTS AS WE WENT THROUGH THIS AND THESE ARE THE OBJECTIVES OF THE STUDY COMMITTEE SUMMARIZED AFTER THE MEETINGS AND HEARING FROM PLACES LIKE CITY OF MONTGOMERY, FROM TOURISM HERE IN TOWN AND ALSO WE STUDIED AT LEAST SIX OTHER MYTHS POLITIES WHO HAD -- MUNICIPALITIES WHO HAD DISCUSSED PUBLIC ART AND HAVING DIFFERENT TYPES OF ART COMMISSIONS.
THESE OBJECTIVES WERE ONE, TO REMOVE MURALS AS A PROHIBITIVE, AND REVIEW AS AMENDED THE DEFINITION OF NEURAL, REVIEW THE ZONING ORDINANCE FOR OTHER RELATED DEFINITIONS THAT WOULD BE LINKED TO MURALS AND TO CONSIDER LIMITATIONS OF MURALS IN SINGLE-FAMILY RESIDENTIAL ZONES, CONFIRM PUBLIC NUISANCE AND OBSCENITY TEXTS AND REGULATIONS AS APPLIED TO MURALS AND TO CONSIDER DEFINITION FOR GRAFFITI.
MOST OF THESE I WILL TOUCH ON IN THE PRESENTATION BUT I DID WANT TO TOUCH ON QUICKLY THE RELATION OF THE COMPONENT OF LIMITATIONS ON SINGLE-FAMILY RESIDENTIAL ZONES.
THAT BECAME PROBLEMATIC AS FAR AS WHEN WE STARTED DRILLING INTO WHAT WE LEGALLY COULD AND COULDN'T DO RELATED TO THE REGULATIONS AND TRYING TO LIMIT TWO DIFFERENT ZONES BECAME MORE PROBLEMATIC SO OUR RECOMMENDATION WOULD BE TO NOT DEAL WITH THAT. IF WE PERMIT MURALS THEY WOULD BE ALLOWED IN THE SAME CONTEXT. WE CANNOT REGULATE CONTENT AND WE HAVE SAID THAT SEVERAL TIMES AND I BECAUSE THAT IS A KEY COMPONENT OF WHAT WE CAN AND CAN'T DO RELATED TO REGULATION OF MURALS. AND AGAIN A LOT OF THE NEIGHBORHOODS WILL HAVE COVENANTS THAT WOULD HAVE RESTRICTIONS AS WELL. TO COVER SOME OF THAT.
AS FAR AS THE DEFINITION OF GRAFFITI, WE DID NOT ADD A DEFINITION OF GRAFFITI PARK WE DISCUSSED IT QUITE A BIT AND IT REALLY KIND OF PLAYED INTO SOME CONSIDERING GRAFFITI AS ART AND SOME COMMUNITIES HAVING A DESIGNATED AREAS FOR PEOPLE TO MAKE GRAFFITI. WHAT WE SETTLED ON WAS THE FACT THAT IF SOMEONE HAS PROPERTY AND INVITES PEOPLE TO PAINT SOMETHING ON THE WALL AND MAKE THEIR GRAFFITI ON THE WALL, THAT IS THEIR EXPRESSION, THAT IS THERE ART.
IF SOMEONE DID NOT INVITE THEM AND THEY PAINTED ON THERE, THEN ITS VANDALISM AND TRESPASSING AND THEY CAN PROSECUTE.
SAME GOES FOR THE CITY. IF WE DID NOT INVITE IT.
THAT IS WHERE WE LEFT THAT AND OBVIOUSLY IF YOU WANT US TO DRILL INTO THAT MORE AFTER THIS PRESENTATION CAN.
GETTING INTO THE RECOMMENDATIONS , THE STRAIGHT UP FIRST THING WAS TO DEAL WITH THE DEFINITION OF A MURAL.
OUR ZONING ORDINANCE AS IT IS HAS MURALS DEFINED.
ONE OF THE KEY FIRST THINGS WE WOULD HAVE TO DO TO LEGALIZE MURALS IN AUBURN WOULD BE TO STRIKE THAT DEFINITION AS A SIGN AND CREATE A DEFINITION IN THE ZONING ORDINANCE UNDER THE DEFINITION SECTION, SECTION 203. THEY WOULD DEFINE MURAL AS A GRAPHIC OR WORK OF ART THAT IS PAINTED OR DRAWN ON AN EXTERIOR WALL AND IS A REPRESENTATION OF A CREATIVE IDEA THAT IS EXPRESSED IN FORM AND MANNER AS PRIMARILY PROVIDE AESTHETIC ENJOYMENT FOR THE VIEWER RATHER THAN CONVEY A COMMERCIAL MESSAGE. THE KEY POINT BEING THE COMMERCIAL MESSAGE. IF IT CONVEYS A CONVERSANT -- COMMERCIAL MESSAGE IT IS A SIGN AND WILL BE REGULATED AS SUCH.
THAT IS THE KEY CHANGE ON THAT. THE NEXT PROPOSED TEXT AMENDMENT IS WE RECOMMEND CHANGING THE DEFINITION FOR COMMERCIAL SIGN
[00:10:02]
SINCE THAT IS TIED INTO SOME OF THE DISCUSSION WE ARE HAVING AS FAR AS THE RELATIONSHIP BETWEEN A MURAL AND ASSIGN IT TO SIMPLIFY THAT A BIT MORE. A COMMERCIAL SIGN BEING A SIGN WITH A COMMERCIAL MESSAGE. PROPOSED TEXT AMENDMENT FOR PROVIDING A DEFINITION OF A SIGN.SINCE WE COULDN'T FIND ONE IN OUR ZONING ORDINANCE RECOMMENDED WE ADD A SIGN DEFINITION AT THIS TIME.
STRAIGHTFORWARD, SINCE WE WOULD PROPOSE REMOVING DEFINITION OF MURAL AS A SIGN, IS TO STRIKE MURALS AS A PROHIBITED SIGN.
THOSE ARE PRETTY STRAIGHTFORWARD AS FAR AS WHAT WOULD CHANGE WHAT WE HAVE TODAY AND MAKE MURALS PERMITTED, BY RIGHT, IN THE CITY. AND SO AND AGAIN IN DOING SO THAT WOULD PERMIT ANYONE THAT WANTED TO PAINT A MURAL THAT THEY COULD MAKE THAT INVESTMENT AND DO SO.
THE ONLY CAVEAT IS IF IT HAS A COMMERCIAL MESSAGE CONVEYED THAT IT HAS TO BE REGULATED BY OUR SIGN ORDINANCE.
OBVIOUSLY, ONE OF THE THINGS WE HAVE TO LOOK AT IS HOW WILL WE BUILD AND ENFORCE AND PROTECT THE CITIZENS AND PROTECT OUR IMAGE IN THE COMMUNITY. THROUGH THE RECOMMENDATIONS OF WHAT WE CAN DO BY ENFORCEMENT, IT IS FORTUNATE YOU CAN'T WITHOUT HAVING TO WRITE A LOT OF NEW REGULATIONS REGARDING ENFORCEMENT WE CAN ACTUALLY TAP INTO THE REGULATIONS WE HAVE, WHICH ENABLES US TO ENFORCE MURALS FROM THE VICINITY COMPONENT, THE ALABAMA ANTIOBSCENITY ENFORCEMENT ACT.
SO AGAIN WE CAN'T ENFORCE THEIR THROUGH OUR INSPECTION SERVICES.
DEALING WITH PUBLIC NUISANCE, WE CAN'T DEAL WITH A MURAL IN THE SAME WAY WE DEAL WITH PUBLIC NUISANCE TODAY.
OBVIOUSLY A LITTLE DIFFERENT FROM WHAT WE HAVE AND YOU MAY ASK, HOW CAN A MURAL BE A PUBLIC NUISANCE? IT CAN BE A PUBLIC NUISANCE IF IT IS SOMETHING THAT IS REAL BUSY THAT IS ATTRACTING AND DISTRACTING DRIVERS ON A BUSY ROAD, BUSY INTERSECTION CAUSING ACCIDENTS THAT COULD BECOME A PUBLIC NUISANCE. ONE IMAGE I SAW THAT WAS A 3D IMAGE PAINTED OF A TUNNEL, AND SOMEONE TRIED TO DRIVE-THRU IT ONCE AND FOUND OUT IT WAS A BRICK WALL.
THAT COULD BECOME A PUBLIC NUISANCE.
THINGS LIKE THAT IN GENERAL TO CONSIDER.
YES, THAT COULD BE PRETRADE AS SUCH.
WITH THE MAINTENANCE CODE, THE CITY'S CODE FOR MAINTENANCE WOULD ALLOW US AND ENABLE US TO BE ABLE TO ENFORCE AND MAKE SURE THAT THE MURALS THAT ARE APPLIED CAN BE MAINTAINED PROPERLY.
THAT GIVES AN OVERVIEW OF WHAT IS THE SIMPLEST FORM IN ORDER TO ENABLE AND ALLOW AND PERMIT MURALS.
THE -- I CAN'T STRESS ENOUGH THE COMPONENT THAT I MENTIONED BEFORE AND I SAID A COUPLE TIMES IS WHERE WE GET INTO LOOKING AT REGULATIONS FOR MURALS IS THE FACT THAT WE CANNOT PROHIBIT -- WE CANNOT REGULATE CONTENT. THAT IS ACTUALLY DRIVING THE NEED TO MAKE SOME ADDITIONAL CHANGES TO OUR SIGN ORDINANCE WHICH WE HAVE ALREADY BEGUN LOOKING AT AND WILL BE PREPARED IT TO BRING IT TO THE PLANNING COMMISSION AT SOME POINT IN THE FUTURE. WE DID NOT WANT TO BRING THOSE REGULATIONS WITH THE MURALS BECAUSE THIS WAS THE FOCUS OF THE STUDY COMMITTEE AND WE JUST WANTED AND FELT LIKE HE WAS BEST TO STAY FOCUSED AND STAY AT TASK LOOKING AHEAD, THE STUDY COMMITTEE RECOMMENDS THAT AS THE CITY MOVES FORWARD INTO [INAUDIBLE] CONSIDER HAVING A SUBCOMMITTEE THAT ENABLES CITIZENS TO ENGAGE IN THE DISCUSSION AND POTENTIALLY CONSIDER GOALS FOR COMMUNITY ART IN GENERAL AND THAT COULD BE PUBLIC ART ON PUBLIC PROPERTY, THAT COULD BE HOW WE WOULD ADDRESS PRIVATE ART. IN DOING SO, THE STUDY COMMITTEE FELT IT IMPORTANT TO NOTE THAT WHILE THE CITY DOESN'T NECESSARILY ALWAYS GET CREDIT FOR SOME OF THE ART, WE DO HAVE A LOT OF ART WITHIN THE CITY THAT GETS NOTED AND A LOT OF PEOPLE GET THEIR PICTURE MADE AT THE WAR EAGLE ROLE.
WHAT TECHNICALLY IT'S ON PRIVATE PROPERTY IT IS -- AROUND GRADUATION. THE TIGER TRAIL IS ANOTHER COMPONENT OF ART THAT WE HAVE IN THE COMMUNITY, TOOMER'S CORNER'S ITSELF WAS A HEAVY INVESTMENT AND FORM OF ART IN THE CENTER OF THE COMMUNITY. WE HAVE A LOT OF PROGRAMMING THROUGHOUT PARKS AND RECREATION DEPARTMENT.
THEY ARE IN PLACE NOW. IN ADDITION TO DISCUSSIONS OF HOW WE MIGHT INCORPORATE GIS LAYERS THAT HAVE SOME INTERACTIVE MAPS TO LOCATE PUBLIC ART IN AND AROUND AUBURN.
[00:15:03]
THAT WOULD BE VERY SIMILAR TO WHAT WE ALWAYS HAVE IN PLACE FOR TARGET TRAIL -- TIGER TRAIL WE CAN GO ONLINE AND FIND YOUR AUBURN HEROES. IN SUMMARY, AS MENTIONED, THERE WILL BE A FUTURE LOOK AHEAD AT A SIGN TEXT AMENDMENT AS A RESULT OF SOME SUPREME COURT ACTION OVER THE PAST YEAR OR TWO, AND THAT WILL COME LATER. WE DIDN'T WANT TO -- WE DIDN'T WANT TO SEPARATE THE FOCUS ON MURALS FROM THOSE OTHER GENERAL CHANGES TO OCCUR. SO THAT CONCLUDES MY PRESENTATION AND I WILL BE HAPPY TO ANSWER ANY QUESTIONS.>> SPEAKER: MR. PARSONS, MS. WITTEN, YOU WERE INVOLVED IN THIS AND I WILL OPEN IT UP TO EITHER OF YOU IF YOU HAVE ADDITIONAL COMMENTS OR QUESTIONS BEFORE THE REST OF THE COUNCIL.
>> SPEAKER: THANKS, SCOTT THAT IS A GREAT PRESENTATION AND REPRESENTATION OF THE DISCUSSION WE SENT IT ON -- CENTERED ON TRYING TO BE REASONABLE AND I THINK WE FOUND JUST THAT RIGHT NOTES. I AM PLEASED WITH WHERE WE ARE WITH THIS AND I LOOK FORWARD TO THE SCRUTINY THAT IT FACES ON
DOWN THE LINE. >> SPEAKER: WILL YOU WALK US THROUGH A TIMELINE OF HOW WE GO ABOUT ADOPTING THESE CHANGES SO THAT THEY CAN EVENTUALLY GOING TO AFFECT, HOPEFULLY IF WITH THE
BODY OF THE COUNCIL. >> SPEAKER: THE AGGRESSIVE SCHEDULE WOULD BE, ASSUMING THAT IT IS COUNCIL'S WISHES TO DO SO, WE WOULD MOVE FORWARD WITH BRINGING THESE TEXT AMENDMENTS TO THE PLANNING COMMISSION FOR THE SEPTEMBER MEETING.
THERE WOULD BE A PUBLIC NOTICE OBVIOUSLY REQUIRED FOR THAT AND IT WOULD BE -- THERE WOULD BE A PLANNING COMMISSION WORK SESSION ANTICIPATED FOR SEPTEMBER 5. THAT IS THERE MONDAY -- AT THE END OF THEIR MONDAY PACKET MEETING.
AND THEN THEY WOULD HEAR THE PRESENTATION FROM STAFF AS FAR AS WHAT THESE TEXT AMENDMENTS WOULD BE.
AND THEN THE SEPTEMBER 8 IS THERE REGULAR PLANNING COMMISSION MEETING AND THAT WOULD BE THEIR FIRST OPPORTUNITY TO HEAR AND VOTE ON THOSE AND IF THEY PASS THOSE AND RECOMMENDATIONS TO THE COUNCIL FOR THOSE TEXT AMENDMENTS, THAT WOULD THEN COME TO YOU FOR YOUR FIRST HEARING, YOUR SECOND MEETING IN OCTOBER, OCTOBER 18. THAT WOULD BE THE AGGRESSIVE SCHEDULE, POTENTIALLY SEEING THOSE.
IT COULD DRIFT INTO NOVEMBER DEPENDING ON HOW MUCH DISCUSSION
AND DEBATE COULD COME FROM THAT. >> SPEAKER: SO WITH A FIST BEING LABOR DAY, WITH THE PACKET MEETING --
>> SPEAKER: THAT WOULD PASS -- MOVE THAT.
>> SPEAKER: AND ALSO NOTE THAT UPON IT STILL NOT EFFECTIVE WHEN YOU PASS IT, EFFECTIVE UPON PUBLICATION, WHICH IS USUALLY THE FOLLOWING THURSDAY SO ABOUT TEN DAYS LATER.
JUST A REMINDER TO EVERYONE. >> SPEAKER: VERY GOOD POINT.
>> SPEAKER: MEGAN, WALK US THROUGH, DO YOU JUST NEED A GENERAL CONSENSUS FROM US TO MOVE FORWARD?
>> SPEAKER: YOU ARE SENDING SOMETHING THAT ROSE TO YOU JUST A LOT OF PUBLIC SENTIMENT ABOUT ITS AND OF COURSE PLANNING COMMISSION ABSOLUTELY AS YOU APPOINT THEM IF THEY SEE SOMETHING ELSE THAT WAS POTENTIALLY MISSED OR SOMETHING ELSE THEY WANT TO ADDRESS THEY WOULD BRING IT UP AT THAT TIME.
IF THE COUNCIL IS GOOD WITH SENDING THIS JUST A GENERAL CONSENSUS IS FIND. YOUR OFFICIAL ACTION WOULD NOT COME UNTIL THE SECOND MEETING IN OCTOBER.
IN WHATEVER FORM IT COMES TO YOU IN.
>> SPEAKER: ANY OTHER QUESTIONS FROM THE COUNCIL OR COMMENTS
FROM THE COUNCIL? >> SPEAKER: I DO HAVE A QUESTION. THIS REALLY COMES FROM A SITUATION THAT HAPPENED ON OPELIKA RD., AM I CORRECT TO ASSUME THAT THIS STUDY CAME FROM I GUESS IT IS THE BEDS EXPRESS?
>> SPEAKER: THERE WAS A LOT OF PUBLIC OUTCRY BECAUSE OF THAT.
THERE ARE STILL A LOT OF OTHER ISSUES ASSOCIATED WITH THAT PARTICULAR CASE. THE PUBLIC DISCUSSION ABOUT MURALS FROM AT LEAST THE CITY MANAGER'S LENS BEGAN AT THAT TIME WHEN SOME PEOPLE WERE CONCERNED AS TO WHY A MURAL WAS
NOT ALLOWED. >> SPEAKER: IS THERE ANY WAY WE COULD GIVE THAT BUILDING SOME GRACE?
>> SPEAKER: WE CANNOT LEGALLY. THE MURAL IS COVERED RIGHT NOW.
THEY WERE DENIED A VARIANCE OF THE BOARD OF ZONING ADJUSTMENT AND TECHNICALLY THE MURAL HAVE TO GO AWAY.
BECAUSE THIS IS BEING STUDIED, OUR ASK WAS IN ONE OF OUR CITY ATTORNEYS IS HERE IN ORDER TO MEET THE LAW THE MURAL COULD NOT BE VISIBLE. INSTEAD OF ASKING THE PROPERTY OWNER WHY THIS IS BEING STUDIED TO PAINT OVER IT WE REQUESTED THAT THEY JUST KEEP IT COVERED. THE PROPERTY OWNER HAS SINCE REACHED OUT AND SAID WHERE ARE YOU WITH THIS PART THE ANSWER IS, AS OF TODAY AND UNTIL SUCH TIME AS THE COUNCIL CHANGES THE LAW AND THE LOT IS PUBLISHED, IT IS IN VIOLATION OF OUR ORDINANCE
[00:20:03]
AND CANNOT BE VISIBLE AND WE DON'T GET A CHOICE IN THAT.WE CAN'T GIVE EXCEPTIONS TO IT. IT IS THE LAW AND WE HAVE TO ENFORCE IT. I KNOW THAT IS A HARD PILL FOR SOME PEOPLE TO SWALLOW. WE JUST DON'T GET A LEGAL CHOICE TO PICK WHICH LAWS WE DO AND DON'T ENFORCE.
>> SPEAKER: TO GO BACK BEFORE THE ZONING AGAIN?
>> SPEAKER: IF THE LAW IS PASSED IN THE ZONING ORDINANCE CHANGES IN THE DAY THE ORDINANCE IS PUBLISHED, IF IT IS A LEGAL MURAL THEN IT CAN BE UNCOVERED AND THAT IS THE END OF IT.
AS FAR AS THE CITY IS CONCERNED. >> SPEAKER: I MEAN BETWEEN NOW AND THIS OCTOBER RULING OR WHATEVER.
>> SPEAKER: KNOW IT CANNOT BE RECONSIDERED AT THE ZONE -- BOARD OF ZONING ADJUSTMENT. IT HAS ALREADY BEEN RULED UPON.
MR. FOOT? >> SPEAKER: THEY ALREADY MADE A DECISION ON THAT AND EVEN THE TIMELINE I DON'T KNOW IF IT WOULD ALLOW IT -- WELL -- THEY HAVE MADE THE DECISION THEY DENY THE VARIANCE SO I THINK THIS IS THE VERY -- THE BEST ROUTE.
THE VARIANCE WOULD BE AGAIN. >> SPEAKER: THERE IS SPECIFIC REASONS WHY YOU CAN GO BACK COULD DO HAS TO BE A HEARING THAT SOMETHING HAS CHANGED AND THAT IS NOT GOING TO BE ANY FASTER AT THIS JUNCTURE BASED ON DEADLINE DATES AND SO ON.
IT WOULD HAVE TO COME TO THEIR NEXT MEETING.
WE MIGHT BE PAST THE DAYS AND THEN THEY WOULD HAVE TO AGREE TO REHEAR IT. THERE IS A LOT OF STEPS IN THE PROCESS AND SO TYPICALLY THIS CHANGING THE LAW IS BETTER.
BUT REMEMBER, A VARIANCE IS FOR A HARDSHIP CREATED BY THE LAND.
IT IS ONLY FOR A HARDSHIP, NOT BECAUSE IT IS SOMETHING WE WOULD LIKE TO DO. IF WE WOULD LIKE TO DO SOMETHING WE SHOULD CHANGE THE RULES AND THAT IS VERY MUCH WHAT THIS COUNCIL IS CONSIDERING AT THIS TIME AND SAYING WE AS A COUNCIL MAYBE THINK WE HAVE TO CHANGE THIS AND SO HE SENT BACK TO PLANNING COMMISSION AT A COMES BACK TO YOU AND YOU CHANGE IT IF
THAT IS WHAT YOU WANT TO DO. >> SPEAKER: ANY OTHER FURTHER QUESTIONS OR COMMENTS? ANYBODY ON THE COUNCIL?
>> SPEAKER: AGAIN I WANT TO SAY THANK YOU TO THE STAFF.
GREAT BODY OF WORK AND TO THE STUDY GROUP FOR ALL OF THE TIME AND CONVERSATIONS AND I THINK THERE IS SOME REALLY GOOD NEXT STEPS THAT YOU HAVE PRESENTED. THANK YOU.
>> SPEAKER: MEGAN, TO MOVE THIS FORWARD, AS MS. WITTEN WAS ALLUDING TO A SECOND AGO, WHAT KIND OF DO US WHAT YOU NEED?
>> SPEAKER: GENERAL CONSENSUS UNLESS FIVE OF YOU OBJECT TO SENDING IT TO PLANNING COMMISSION TAKE A LOOK AT IT IT WILL COME BACK TO YOU FOR YOUR OFFICIAL CONSIDERATION.
LIKELY IN OCTOBER. >> SPEAKER: IS A COUNCIL GOOD
WITH MOVING US FORWARD? >> SPEAKER: I HAVE A QUESTION ON SOME LOGISTICS MOVING FORWARD ASSUMING THIS ALL IS CODIFIED AND WE MOVE ON. IS THERE GOING TO BE OR ANY THOUGHT TO A RULING BODY THAT WOULD DECIDE WHAT IS APPROPRIATE AND WHAT ISN'T AND IF THAT IS THE CASE, WHERE DOES THAT
CONVERSATION BEGIN? >> SPEAKER: I MAY HAVE MISSED HER COMINGS AND MAYOR PRO TEM WITTEN WITTEN SPEAK TO THAT A BIT MORE. THEY DISCUSSED THAT A LITTLE BIT. THAT IS ONE OF THE CHALLENGES.
I THINK THE COMMITTEE COULD COME INTO WHETHER OR NOT HE WILL SEE THAT ON A PUBLIC BUILDING. FROM A FREE-SPEECH CHOICE, IT IS VERY HARD TO REGULATE CONTENT BEYOND ON A PRIVATE BUILDING BEYOND THE PARAMETERS THAT MISSED HER COMINGS GAVE YOU.
AM I MISSING SOMETHING, SCOTT? >> SPEAKER: YOU TAP DANCED
>> SPEAKER: THAT SUMS IT UP VERY WELL.
WE CAN'T REGULATE THE CONTENT THAT GOES ON THERE IF IT IS ON A
PRIVATE BUILDING. >> SPEAKER: IF IT IS NOT A SIGN AND BECOMES A MURAL THEN IT IS ART.
>> SPEAKER: SO WE ARE TALKING ABOUT HYPOTHETICALS.
IN OUR HYPOTHETICAL WE ARE TOUCHING -- TALKING ABOUT TONIGHT THERE IS NO REGULATORY BODY TO APPROVE OR DISAPPROVE ON
PRIVATE PROPERTY? >> SPEAKER: NO, NOT AT ALL.
I DO THINK IT IS AN OUTCOME OF THE 2040 PROCESS AS IT GETS STUDIED A LITTLE BIT FURTHER AND ART IN PUBLIC PLACES, INCLUDING PUBLIC BUILDINGS AND I AM CERTAINLY IN DEEP LOVE WITH THE WRIGHT STREET PARKING DECK AS IT IS.
BUT IT HAS SOME WALLS AND WE TRIED HARD TO PUT A LOT OF OPENINGS. BUT IF A MURAL WERE TO BE PROPOSED ON THE VERY SMALL SPACES BECAUSE WE DO HAVE A TARGET GOING UP AND THERE IS A ALLEY THERE AND PEOPLE MAY DECIDE WE WANT TO MURAL THERE IF IT IS TOUCHING OUR PROPERTY WILL BE UP TO THE COUNCIL UNLESS YOU APPOINT A COMMITTEE AS TO WHETHER OR NOT -- BUT ON PRIVATE PROPERTY.
>> SPEAKER: BUT WHAT ABOUT -- JAMES WAREHOUSE.
>> SPEAKER: THERE ISN'T. I DO HAVE TO REMIND THERE ARE LICENSING AND TRADEMARK AND OTHER THING THAT GOES ONTO PRIVATE PROPERTY WILL BE UP TO THE PRIVATE PROPERTY OWNER.
FROM A CONTENT PERSPECTIVE BECAUSE WE ARE SWITCHING FROM ART TO SIGN WHERE THEY WOULD BE NOBODY TO TROY MECHANISM OTHER THAN THE NUISANCE AND/OR VULGAR THINGS AS MR. MS. HER COMINGS OUTLINED. EVEN THAT OUR STEPHEN PLAYS HERE FROM THE CITY ATTORNEY'S OFFICE AND HE WILL NOD OR SHAKE HIS HEAD THE WRONG DIRECTION AS WE HAVE TO BE VERY CAREFUL ABOUT WHAT WE EVEN DEEM AS VULGAR AND APPROPRIATE OR A NUISANCE.
[00:25:01]
SO SCOTT MENTIONED A TUNNEL THERE.THERE ARE THINGS IN OUR SIGN ORDINANCE THAT KEEP A LOT OF FLASHING BULBS AND THINGS FROM DISTRACTING DRIVERS.
THAT IS SOMETHING WOULD BE A NUISANCE IF IT WILL CAUSE CAR ACCIDENTS AND WE CAN PROVE THAT OF CONCERN WITH EXPERTS WHO WOULD DO THAT. THIS IS WHY I WAS THE LAST PERSON IN 2009 SITTING IN A VERY STAFF POSITION THAT WAS ON THE SIGNED POSITION DEALING WITH THIS AND THAT IS ONE OF THE THINGS THE COMMITTEE CANNOT AGREE ON IN 2009 WAS IF WE DON'T ALLOW THEM, THAT WE DON'T HAVE TO REGULATE THEM OR WORRY ABOUT THE NUISANCE SIDE AND THAT IS JUST REALLY UP TO THE PLEASURE OF THE COUNCIL AND THE PLANNING COMMISSION HOW THEY FEEL ABOUT THAT AND WHAT THEY THINK IS BEST FOR THE COMMUNITY.
>> SPEAKER: THAT'S AN IMPORTANT POINT.
>> SPEAKER: ANY OTHER QUESTIONS?
>> SPEAKER: LINK TO THE STATE REFERENCES PLEASE.
>> SPEAKER: SURE. I WILL SEND A LINK AND FOR EVERYBODY WATCHING IT WILL BE POSTED ON THE WEBSITE ON THE ALBUM/AGENDA IT WILL POPULATE BY TOMORROW.
>> SPEAKER: WE WERE TALKING ABOUT MOVING THIS FORWARD.
EVERYBODY ON THE COUNCIL TO MOVE THIS FORWARD ARE YOU OKAY? REMANDED TO THE PLANNING COMMISSION AND LET THEM BEGIN DOING THE WORK. OKAY.
THANK YOU FOR EVERYBODY THAT PARTICIPATED IN WORKING ON THIS.
[4. QUESTIONS ON THE AGENDA.]
WE APPRECIATE YOUR EFFORTS TO GET US THIS FAR.ANY QUESTIONS ON TONIGHT'S AGENDA FOR THE CITY MANAGER?
>> SPEAKER: MAY OR IF I MAY YOU HAVE A REPLACEMENT AGENDA IN FRONT OF YOU BECAUSE WE HAD A RESIGNATION ON THE INDIAN PINES RECREATION AUTHORITY. BOB NORMAN AND SO WE ARE ANNOUNCING THE VACANCY THAT YOU WILL BE APPOINTING IN SEPTEMBER.
AND ALSO I HAVE A CHANGE IN THE RESOLUTION 8A EYES WE HAD SOME CHANGES TO THE WARD ONE VOTING PRECINCT WHERE WE HAD TO CHANGE THE CHIEF INSPECTOR TO JAMES NEWTON AND REMOVE HIS SPOUSE JANET NEWTON AS HER RESPECT -- AT HER REQUEST.
SHE HAS A CONFLICT THAT DAY AND HE WAS THE CHIEF CLERK AND THAT IS LON HARRIS WITH THE CHIEF CLERK AND THAT IS WHAT IS ON YOUR REPLACEMENT RESOLUTION. THIS ISN'T UNCOMMON WHEN WE GET TO THIS POINT IF WE HAVE TO MAKE A CHANGE IN POLL WORKERS WE DO HAVE THE AUTHORITY TO MAKE IT. GENERALLY SPEAKING OUT OF THE
GATE THE COUNCIL APPROVES IT. >> SPEAKER: ANY OTHER QUESTIONS FOR CITY MANAGER IF NOT WE HAVE A MOVE TO ADJOURN?
>> SPEAKER: DO WE KNOW IF THE RIGHT PHONES ARE WORKING?
>> SPEAKER: THEY HAVE BEEN. THEY ONLY DIDN'T WORK WHEN OURS STARTED WORKING AND THERE DIDN'T BUT IT'S ALL FIXED AND HAS BEEN.
EVERYBODY HAS HEARD THE WHOLE MEETING.
* This transcript was compiled from uncorrected Closed Captioning.