Council meeting, continued: Ordinance readings.

7:55 p.m.: "The Gary" just entered the room. Now we have the prospect for extreme entertainment.

CM John Gonder has just asked whether the president intends to reorder public speaking time. Pres. Coffey fears tit for tat even though he agrees. Majority of the members want to leave it as it is. No mayor, so, ordinances begin at 8:00 p.m.

Scott Wood asks about the board of zoning appeals -- he didn't hear it at the last meeting. Coffey sez: We took care of it. Even if you didn't hear it, we took care of it. Behind closed doors?

R-09-05 - tabled.

G-09-03 Bicentennial Commission
CM Price wants to be sure that the commission be volunteer only, "in case." CM McLaughlin speaks about the statuary. Coffey notes that Bob Caesar has been working on it for a number of years and he should be on the committee. Unanimous on the first reading.

Z-09-03 Stanley right-of-way easement vacation. Unanimous on the first reading.

Z-09-04 SC Development, 1st reading ... the Porter Paints store on Mt. Tabor Road. 1st: Unanimous.

Z-09-05 "The Gary's" Fairway Developers/The Charlestown LLC (see Lafayette Drive neighbors preceding)
Krafty John Kraft takes the stand in defense of the funeral home consortium (Seabrook, Dieckman, et al) that already owns the land. The PUDD coming to the council is the restaurant space only, according to KJK. The suitability of Wendy's going there is irrelevant. The comprehensive plan has allowed other developments in similarly zoned areas, therefore, no problems here -- according to KJK. Wants a favorable first vote before it goes back for plan commission reconsideration. No development will be allowed in the surrounding area unless the plan commission gets it first. KJK treats it as a matter of course.

Caesar: Will surrounding area remain green?
KJK: Undisturbed. Can't be disturbed without plan commission hearing it first.

Caesar: Why is it back in less than a year?
KJK: Restaurant only, so remainder remains.

Gonder: Do you honestly believe this won't be a slippery slope?
KJK: Can't say that ... unless there is a future request.

Gonder: Aren't we digging a trench (metaphorically)?
KJK: (Doesn't get Gonder's metaphor; not one little bit) But we're not ruling on that tonight.

Krafty John refuses to consider metaphors or maybes. He swats down Gonder: "I didn't say that."

Jeff Gahan: Couple of concerns. Feels like it has been expedited. Basically the same plan -- why look at it again? People there have been on 24-hour alert, not even able to pay the lawyers last time before it resurfaces. It doesn't meet the long term goals of the comprehensive plan.

Scott Wood (planner): Takes the applications in, and must decide it it is the same. After Wal-Mart tried to get zoning approval, there is not guidance in the ordinance as to what is repetitive. Scott balances factors to decide if applications are substantially the same. He thinks this one is different.

Gahan: Your opinion?

Wood: There is more problem elsewhere with the property.

Gahan: Are the Wendy's owners here tonight? Anybody know?

KJK: Tells who the representatives are acting on behalf of Wendy's, but won't tell who the owners are.

Gahan is annoyed.

Diane Benedetti mentions brokers ... Gahan wants to know: "It's absolute relevant."

"These people have 30-year mortgages." Gahan forcefully speaks now on behalf of the residents. "They should have bought a piece of commercial property" if that's what they wanted, not tried to change it.

Steve Price: "Can you guarantee" no drainage problems?

(see next posting for conclusion)