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Regular City Council Meeting Monday, August 27, 2018 Page 8 Councilmember Etten stated the City Attorney talked about the potential for changing the criteria which would allow greater control over potentially drive- throughs in any zone. He suggested the following language "The applicant shall submit and adhere to an approved circulation pattern. If that pattern creates haz- ards to safety for pedestrians, bicyclists or automobiles, the use may be terminat- ed." He stated then if the site changed, it would have to come back for review and the second one allows that if it is created and creates a problem, then they could close the drive-through. This would allow control over certain circumstances. Mr. Gaughan confirmed he did not know if the use could be terminated as it is a conditional use and if they submit and adhere to a circulation plan, and do not in- terfere with or reduce safety. But, if the plan is changed and it does impact or demonstrate that the use will interfere with or reduce safety, then they would be in violation of the conditions of their conditional use. Mayor Roe stated simply changing the circulation, absent an analysis of whether or not it impacts, does not automatically trigger anything other than a review by staff, unless there is different language in their conditions. Mr. Gaughan indicated that was correct. Councilmember Laliberte stated a circulation plan could be submitted and the ap- plicant could state they are adhering to that plan submitted but what if conditions change where then the safety or traffic patterns or something else is then negative- ly affected later on. She stated there is no ending it because they submitted a plan and are adhering to it. Whereas, if the language Councilmember Etten was sug- gesting was a condition and situation changes, regardless if the plan is being lived up to, it is a matter of a safety issue or a traffic issue. Mr. Gaughan thought they might submit annually the condition of a circulation plan. Councilmember Etten advised that would create a headache for someone. Mayor Roe stated the council has the ability on any conditional use they approve to look at, if there are specific conditions in the Code, and add any conditions as a City that they might want as part of approving a conditional use. But then those conditions carry forward with that approval, with the property. They would need to be very careful in constructing those conditions if the Council wants to use that approach. Councilmember McGehee explained the council has been sitting in the meeting crafting this and are now being told one more time this is the end of the sixty days, so they have to turn this down.