their business. Mr. Pierce asked City Council not to act on pure speculation. Insomnia Cookies is willing to come back and have extended hours revisited with evidence and experience.

Mayor Duncan closed the public hearing and called for a two minute recess.

City Council returned from the recess and began their deliberations.

Mrs. Hilton noted that Insomnia Cookies’ presentation referenced their business model and how they make money. She opined that a hardship on the bakery is not the City’s problem. She appreciates the flexibility and different options that Insomnia Cookies is willing to try. She is in favor of extending the hours during a six month trial period while the University of Dayton students are in session.

Mayor Duncan mentioned that if Council chose to override the Planning Commission’s decision, they have the option of re-evaluating the hours after a six or 12 month trial period.

Mrs. Turben shared that she welcomes new businesses that compliment the community. She does have concerns with the late night operations. She would be willing to look for a compromise on the retail operations closing at 10 p.m. and the delivery options only until 1 a.m.

Vice Mayor Byington commented on how tonight’s presentation answered a lot more questions than what was presented to the Planning Commission on May 4. He believes that people will remain around the store enjoying their cookie or ice cream. He noted that he does not agree that because noise already exists, adding one more component will not make a difference. He agrees with the idea of extending the hours during a trial period. His first priority is to make sure the Oakwood community is taken care of. He opined that testing the late night hours is the best option.

Mayor Duncan understands the concerns with students. The University of Dayton has not been a good neighbor to Oakwood by policing their students. Insomnia Cookies should not be penalized for failures by the University of Dayton’s administration. Mayor Duncan suggested extending the retail hours from 10 p.m. to 11 p.m. on Friday and Saturday evenings and extending the delivery hours until 2 a.m. for a 12 month trial period.

Vice Mayor Byington suggested that the retail operations could be until 10 p.m. on Sunday through Thursday evenings.

Vice Mayor Byington and Mrs. Hilton agree with the 12 month trial period to view all seasons.

Mrs. Hilton commented that Firehouse Subs may now have an interest in later hours.

Mayor Duncan said that Firehouse Subs is welcome to come back to the Planning Commission to request extended hours, to be evaluated on its own facts.

Mr. Jacques recommended that City Council should schedule this as an agenda item at the August 2023 council meeting if they decide to do a trial period with a 12 month review. He explained that if Council extends the hours, it is an override of the Planning Commission’s decision and City Council should conduct the 1-year review once more evidence is available.

Vice Mayor Byington suggested that Council reserves the right to schedule its review at any earlier date in the event of excessive complaints.

Mayor Duncan asked if there is a consensus in extending the following hours on a trial basis: retail operations until 10 p.m. on Sunday through Thursday evenings, and until 11:00 p.m. on Fridays and Saturdays, and extending delivery operations until 2:00 a.m., seven days a week.

Mr. Jacques was taking notes of the Mayor’s summary and asked if City Council wishes to impose any conditions or requirements about store entrances.

Vice Mayor Byington said that conditions or requirements on use of entrances was not necessary and that Council should trust Insomnia Cookies to handle their operations.

Mayor Duncan asked Mr. Jacques to draft the resolution overriding the Planning Commission’s decision with the extended hours discussed and the concern of possible foot traffic and noise.

Mr. Jacques asked if there are any specific findings of fact such as foot traffic and noise concerns.