05 - APPROVE MINUTES FROM CITY COUNCIL MEETINGS ON JANUARY 23, 2015 AND FEBRUARY 16, 2015

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Regular Council Meeting February 9, 2015 Page 6 where the mistake was made. He said at that point there would have been a public hearing and for that reason, he was recommending that the City Council refer this to the Planning and Zoning Commission and tentatively they planned to meet next Tuesday at 5:30 p.m. He said at that time both sides would have an opportunity to speak. Mr. Godwin said the second thing he was going to do was recommend to the City Council, which was not quite as immediate was that the Planning & Zoning Commission take up a zoning case for this whole entire parcel of land, not this parcel but this entire area because there were a lot of things, such as a crematory could be put out there, sexually oriented businesses, drive -in theaters, heavy equipment repair, a lot of things that he did not think they wanted out there. Mr. Godwin said he was not going to suggest that Planning and Zoning take this up next week, but really soon he would ask them to take up a case and rezone most or all of that from commercial to retail because most of that, if not all of it should be retail. He said of course property owners that are affected on either side would get to speak during a public hearing at the Planning and Zoning Commission. Subsequently it would also come back to the City Council. Mr. Godwin said this was a separate issue, but he wanted to mention that because if you look at what is on the list, it needs to be fixed. He said those were his two recommendations. Mr. Godwin apologized and said City Council was not involved with this and that was part of the problem. Mr. Godwin said his two recommendations were to ask the Planning and Zoning Commission to take this up next week and then shortly after that take up a zoning case to rezone this area from commercial to retail. Mayor Frierson asked if anyone had questions of Mr. Godwin. With no questions at this time, Mayor Frierson said he would open up the floor for citizen input and start with letting Mr. Ressler finish what he was speaking about under the citizens' forum. Vic Ressler said he thought the City made a mistake and it was gracious of Mr. Godwin to admit the fact that his staff made a mistake. Mr. Ressler said the only way to fix this at this point was to rescind or revoke the current permit and that every day this company continued spending their money on this property compounded their property. He said at minimum they needed to be stopped. He said he felt they should be reimbursed for the work they started on this property on the premise that they had a correct permit. Mr. Ressler acknowledged that if there was a situation where there was an unclassified use that the procedure was to go through P &Z and that Mr. Godwin explained that very well however, he still maintained that there was one already on the books and it was called salvage. Mr. Ressler disagreed with Mr. Godwin in that he said the zoning book says it is heavy industrial. He also said he could not fathom that anyone on the Planning and Zoning Commission nor any of the elected officials of this City would allow heavy industrial use on Lamar Avenue in that area. Mr. Ressler said he thought it was unfortunate that the City could suffer some financial loss because of this, however there would be the potential liability from all of these people, because there were millions of dollars' worth of property value that were in close proximity to this project. He questioned what kind of liability the City would have if these people suffer loss of value of their property. Mr. Ressler also said it would not necessarily be short term, because you know how things go, sometimes businesses start out with very good intentions but if this company has trouble with stale beer running out on the ground and syrupy drinks and flies and odors and all that kind of stuff, what are the ramifications for the City from all those people that live nearby there and nearby businesses. Mr. Ressler said either way it was not a good thing. Mr. Ressler said he noticed in one of the