[00:00:02]
WELCOME TO THE NOVEMBER 6TH DEVELOPMENT SERVICES COMMITTEE MEETING.
UM, I AM MARGARET LUCHT, AND I AM JOINED BY COUNCILMAN JOE THOMAS.
UH, WE SHOULD GET COUNCILMAN JIMMY TRAN HERE PRETTY SOON.
AND WE ARE ALSO JOINED BY VARIOUS STAFF.
ITEM 1A, APPROVAL OF THE MINUTES, CONSIDER APPROVAL OF THE SEPTEMBER 1ST, 2026 MEETING MINUTES.
DO I HAVE A MOTION? I'LL MOVE TO APPROVE.
PERSONS WHO DESIRE TO ADDRESS THE COMMITTEE, COMMISSION, OR BOARD ON ANY ITEM ON THE AGENDA ARE ALLOWED THREE MINUTES TO SPEAK.
WE HAVE ONE SPEAKER CARD, AND THAT IS JULIUS JENKINS.
SIR, WILL YOU JOIN US? WELL, GOOD AFTERNOON EVERY - AGAIN, EVERYONE.
DON'T TAKE UP MUCH OF YOUR TIME.
UH, GOOD AFTERNOON, COUNCIL MEMBERS, LUCHT AND THOMAS AND TRAN AND STAFF.
UH, MY NAME IS JULIUS JENKINS AND I'M HERE ON BEHALF OF THE SUMMERFIELD ESTATES HOMEOWNER, UH, COMMUNITY.
UH, WE ASK THAT THIS COMMITTEE, UH, RICK RECONSIDER THE DENIAL OF GARRISON WAY'S ELIGIBILITY INTO STREET CITY'S STREET HUMP PROGRAM.
UH, WE ARE A SINGLE ENTRANCE NEIGHBORHOOD IN DISTRICT TWO LOCATED BETWEEN HIGHWAY 66 AND MILLER ROAD ALONG CENTERVILLE ROAD, A MAJOR ARTERIAL ROAD.
WE HAVE 110 HOMES WITH THREE SIDE STREETS FEEDING INTO OUR NEIGHBORHOOD CONNECTOR, AND THAT'S GARRISON WAY.
BECAUSE OF OUR LAYOUT ON NICE DAYS, IT'S PRETTY COMMON TO SEE CHILDREN PLAYING IN FRONT OF THEIR HOMES OR IN THE STREET.
UH, OUR HOA SUBMITTED THIS APPLICATION ON JUNE 15TH TO ADDRESS A SERIOUS SAFETY CONCERN.
CENTERVILLE OFTEN SPILLS OVERFLOW TRAFFIC ONTO GARRISON WAY FROM VISITORS AND DRIVERS TRYING TO CIRCUMVENT THE RAILROAD ARMS NEAR THE ROWLETT TO WATER TREATMENT PLANT, NOT REALIZING OF COURSE THAT THERE IS NO OUTLET.
SO GARRISON WAY IS A 30 TO 32 FOOT WIDE, UH, FROM CURB TO CURB WITH NO CROSSWALKS OR LANE LINES.
AND WITHOUT DEFINED PAVEMENT MARKINGS, DRIVERS WE BELIEVE ARE SUBCONSCIOUSLY ENCOURAGED TO DRIVE A LITTLE BIT FASTER THAN THEY NORMALLY WOULD.
IN MARCH, THE OHOA BOARD RECEIVED A COMPLAINT AFTER A CAR SPED DOWN GARRISON WAY TOWARDS CENTERVILLE, NEARLY STRIKING TWO CHILDREN THAT WERE PLAYING CATCH IN, IN THEIR, IN, IN, IN THE STREET.
WE'VE TRIED CREATIVE APPEALS TO DRIVER'S SENSE OF SAFETY IN THE PAST, AND SINCE THOSE HAVE FAILED, WE'RE HOPING A COUPLE MOUNDS OF WELL-PLACED ASPHALT WILL DO THE TRICK.
IN AUGUST, THE CITY DEPLOYED ITS PNEUMATIC SPEED TUBES, AND MANY NEIGHBORS, INCLUDING MY BEAUTIFUL WIFE, PAVIELLE, ADMITTED THEY SLOWED DOWN BECAUSE THEY WERE UNSURE WHAT THE UNMARKED CABLES WERE.
THE TEST PRESENCE ALONE DISCOURAGED SPEEDING.
ON SEPTEMBER 21ST, DIRECTOR, UH, LUDKE NOTI- NOTIFIED US THAT AFTER CORRECTING AN INITIAL DATA ERROR, STAFF CALCULATED OUR 85TH PERCENTILE SPEED AT 29 MILES PER HOUR, DEEMING US INELIGIBLE BY A SINGLE MILE PER HOUR.
WE BELIEVE THIS ONE MILE PER HOUR VARIANCE FALLS WELL WITHIN A STATISTICAL MARGIN OF ERROR, ESPECIALLY GIVEN HOW THE UNANNOUNCED CABLES ARTIFICIALLY SLOWED TRAFFIC.
SO AS YOU CONSIDER THIS HISTORIC FIRST APPEAL, WE ASK THAT THIS POLICY'S CORE INTENT, PROTECTING HUMAN SAFETY DOES NOT BECOME A RIGID MATHEMATICAL BARRIER.
WE AREN'T ASKING FOR IMMEDIATE INSTALLATION, AND WE ARE SIMPLY ASKING THAT YOU FIND GARRISON WAY ELIGIBLE SO THAT WE CAN CONTINUE TO COLLABORATE WITH THE CITY, WITH TRANSPORTATION STAFF ON A TAILORED SENSIBLE SOLUTION.
A ONE MILE PER HOUR TECHNICAL VARIANCE ON A SINGLE TEST SHOULD NOT SERVE AS AN ABSOLUTE BLANKET PROHIBITION AGAINST OUR DESIRE TO PROTECT 110 FAMILIES.
PLEASE, HELP KEEP OUR CHILDREN AND STREETS SAFE.
UM, YOU MENTIONED THAT GARRISON, UM, HAS NO, UH, IT'S NOT A THROUGH STREET.
IS THERE A SIGN INDICATING THAT IT'S A DEAD END AND THERE'S NO - RECENTLY INSTALLED IN SEPTEMBER, SEPTEMBER 19TH OR SO, AROUND THAT TIMEFRAME.
HAVE YOU NOTICED THAT HELPING AT ALL? IT'S, UH,
UM, SO IT'S VERY EASY FOR INDIVIDUALS TO, TO MISS IT.
IT'S, UH, AND IT'S ON TOP OF THE STREET SIGNS.
UH, AND, UH, IT'S PROBABLY MAYBE A THIRD OF THE SIZE.
DIRECTOR LUCKY CAN PROBABLY GIVE YOU THE EXACT MEASUREMENTS.
UM, WE'VE SEEN, UM, THAT IT PROBABLY WILL TAKE A LITTLE TIME FOR PEOPLE TO RECOGNIZE THIS SIGN IS THERE AND PERHAPS BE PERS - UH, PERSUADED TO NOT USE OUR STREET AS A THOROUGH THROUGH OR TRY TO.
UM, BUT WE STILL BELIEVE THAT THE, UM, THE STREET HUMPS COULD BE POTENTIALLY HELPFUL.
UM, WE ALSO, AGAIN, AND, AND THIS WAS, UH, SOMETHING THAT WE HAVEN'T EVEN TALKED ABOUT.
WE'RE NOT, WE DON'T KNOW FOR CERTAIN HOW MANY STREET HUMPS WE'RE TALKING.
UM, WE ARE FINANCIALLY ABLE TO SUPPORT OUR PORTION, UH, OF THE, THE STREET HUMP POLICY, BUT WE'RE REALLY JUST, AGAIN, LOOKING TO HAVE A COLLABORATIVE APPROACH WITH CITY STAFF REGARDING,
[00:05:01]
YOU KNOW, WHAT THAT MIGHT LOOK LIKE.THANK YOU SO MUCH, MR. JENKINS.
DO WE HAVE ANY OTHER PUBLIC COMMENTS? OKAY.
ONTO ITEM 3A, A REQUEST FOR A SPEED HUMP VARIANCE.
THE COMMITTEE WILL DISCUSS CONSIDERING AN APPEAL OF A SPEED HUMP REQUEST ON GARRISON WAY THAT DID NOT MEET THE CITY'S SPEED STUDY REQUIREMENTS.
AND WE HAVE DIRECTOR OF TRANSPORTATION, PAUL LUDKE HERE.
UM, AS, AS HAS BEEN MENTIONED, THE, THERE'S BEEN A, A REQUEST FOR VARIANCE OF A SPEED HUMP THAT WAS DENIED BY OUR DEPARTMENT, UH, ACCORDING TO OUR, UH, CITY POLICY.
UM, SO I'LL JUST TAKE YOU THROUGH, UM, KIND OF WHAT WE FOUND.
SO JUST, JUST A LITTLE BIT OF BACKGROUND.
UM, I WAS KIND OF FAMILIAR WITH THE SPEED HUMP, UM, POLICY AND PROGRESS, BUT, UM, JUST THE PROGRAM WAS FIRST ESTABLISHED IN 1996, UH, BY THE CITY COUNCIL.
UM, IT STAYED REALLY DID NO CHANGES TO IT AT ALL UNTIL 2023.
AND AT THAT POINT, UH, THE REQUIREMENT FOR A, THE, THE SPEED STUDY WAS, WAS ADDED TO IT.
UM, PRIOR TO 2023, WE, UH, IF, IF A, IF A NEIGHBORHOOD WANTED TO GO THROUGH THE PROCESS AND THEY WANTED SPEED HUMPS, THEN THEY, THEY WERE ALLOWED, THEY WERE, THEY WERE, THERE WAS NO, NO IMPEDIMENT TO DOING THAT IN 2023 THAT WE PUT THE, COUNCIL PUT THE, THE, UH, REQUIREMENT FOR THE SPEED STUDY IN THERE.
UM, IT KIND OF PRO- PROVIDED A...
I MEAN, WE HADN'T HAD, WE HADN'T, THIS IS THE FIRST, UH, DE - UH, APPEAL THAT WE'VE EVER GOTTEN.
UM, I DON'T KNOW THAT WE'VE EVER DENIED THEM BEFORE THAT, BUT OTHER THAN FOR THEY JUST, UH, WEREN'T ABLE TO FIT IN, IN THE ROADWAY THAT WAS THERE WITH OTHER BARRIERS, UM, OR FOR DRAINAGE REASONS.
UM, SO THE, THE AD - THE ADDITION OF THE SPEED STUDY KIND OF ADDED A, A, A BASIS FOR DENIAL.
UM, A LITTLE BIT ABOUT THE PROCESS.
THE, THE NORMAL PROCESS IS, IS THE, THE RE- RESIDENT WILL APPROACH US EITHER, UM, SOMETIMES USUALLY IT'S VERBALLY OR THROUGH SOME OTHER MEANS.
WE'LL ASK FOR A WRITTEN, YOU KNOW, TYPICALLY IT'S AN EMAIL.
UM, WE WILL, UH, REVIEW THAT, MAKE SURE THE STREET IS ELIGIBLE.
UM, THE STREETS HAVE TO BE EITHER A, A F OR A G OR BELOW, OR BELOW THAT IN ORDER TO BE ELIGIBLE.
UH, THE 85TH PERCENTILE SPEED, UH, HAS TO BE 30 MILES AN HOUR BELOW.
SO NOW WE, AS I MENTIONED, WE DO A SPEED STUDY.
UM, THAT'S THE POINT THAT THIS ONE IS IN NOW.
UM, THE, AFT - AF - IF IT PASSES THE SPEED STUDY, THEN, THEN WE'LL VERIFY THE SPECIFIC LOCATION OF THE HUMP, MAKE SURE THAT IT'S, YOU KNOW, CERTAIN DISTANCE AWAY FROM STOP SIGNS, FROM FIRE HYDRANTS, FROM, UH, MANHOLES, THINGS LIKE THAT, MAKE SURE WE'RE NOT COVERING SOMETHING UP.
UM, THEN WE'LL, WE'LL, WE'LL PUT TOGETHER THE SURVEY THAT THE RESIDENTS WILL THEN TAKE FORWARD.
UM, IT'S, IT'S, GENERALLY, IT'S 500 FEET WITHIN THE HUMP IS WHERE THE SURVEY AREA WOULD, WOULD GO.
SOMETIMES IT EXTENDS A LITTLE FURTHER IF IT GOES PAST THE STREET INTO ANOTHER BLOCK.
UM, WE'LL VERIFY THE SURVEY RESULTS.
UM, IF THEY GET 80%, WE'LL NOTIFY THEM THAT, THAT THEY PASSED AND THAT THEY HAVE TO PROVIDE 50% OF THE COST OF THE HUMP.
UM, AND AFTER WE GET THEIR PAYMENT, THEN WE'LL GO OUT AND INSTALL IT.
UM, THE APPEAL PROCESS, UH, THAT, THIS IS SOMETHING I HAD TO READ AND REREAD BECAUSE IT'S THE FIRST ONE WE'VE EVER HAD.
SO, UM, UH, THE WRITTEN REPEAL, UH, NEEDS TO STATE THE REASONS FOR THE APPEAL.
UM, WE'LL FORWARD THAT TO THE COMMITTEE, WHICH WE DID AND ALL Y'ALL, YOU HAVE ALL SEEN THAT.
UM, THERE WERE, UM, AND, AND THEN IF THE MAJORITY OF THE, OF THE COMMITTEE, WHICH IS YOU, WOULD SUPPORT IT, SUPPORT THE APPEAL, THEN IT WOULD BE CONSIDERED APPEALED.
AT THAT POINT, IT WOULD MOVE FORWARD WITH JUST THE NORMAL PROCESS, SO IT WOULD JUST MOVE TO THE NEXT STEP OF THE PROCESS OF US ACTUALLY CITING THE, UM, THE, UM, HUMPS.
UM, THE REQUESTERS WOULD BE NOTIFIED OF, OF THE OUTCOME.
UM, SO THAT, THAT'S KIND OF, THAT'S KIND OF IT IN A NUTSHELL.
UM, JUST, JUST, JUST SO YOU HAVE A KIND OF A PICTURE OF THIS IN YOUR HEAD, IF YOU HAVEN'T LOOKED AT THIS ALREADY, UM, GARRISON WAY IS, IS, IT IS THE ONLY ENTRANCE TO THIS NEIGHBORHOOD.
[00:10:01]
FAIRLY SIZABLE NEIGHBORHOOD.UM, THERE'S QUITE A FEW HOUSES IN THERE, SO, UM, THE ONLY REAL REASON I COULD SEE H - UH, WE HAVEN'T TALKED TO THE POLICE OR FIRE ABOUT THIS.
SOMETIMES THEY HAVE CONCERNS ABOUT, UM, ACCESS AND, AND ISSUES WITH, UM, RESPONSE TIMES.
UM, THIS IS A, AGAIN, PRETTY SMALL NEIGHBORHOOD, SO I DON'T SEE THAT BEING A HUGE ISSUE.
UM, THEY HAVE, THEY HAVE THE RIGHT TO, TO DENY ANY SPEED HUMP, AND ALWAYS HAVE, AND THEY'VE NOT EVER DENIED ONE, SO.
UM, THE STUDY THAT WAS DONE WAS DONE ON SEPTEMBER 9TH.
UM, IT WAS A 24-HOUR COLLECTION PERIOD.
UM, 400, ABOUT 430 CARS EACH DIRECTION WERE MEASURED.
UM, THE, THE 85TH PERCENTILE SPEED, WHICH IS, WHICH IS REALLY THE, THAT'S, THAT'S A COMMON, UM, MEASURE THAT WE, THAT THE, THAT TRANSPORTATION, UH, THE TRANSPORTATION WORLD REALLY USES FOR THE SET, TYPICALLY SETTING SPEED LIMITS, BUT ALSO JUST, IT'S, IT'S A VERY, UM, RELIABLE MEASURE OF WHAT, WHAT REALLY THE PRED- PREDOMINANT NUMBER OF CARS ARE GOING ON THE ROAD.
OBVIOUSLY, THERE'S, THERE CAN BE, YOU KNOW, ONE OR TWO OR A FEW THAT GO ABOVE THAT AND CAN GO EXCESSIVELY ABOVE THAT, BUT THIS IS A GOOD MEASURE OF, OF WHAT'S REALLY HAPPENING OUT, OUT IN THE WORLD.
UM, AGAIN, YOU KNOW, JUST BASED ON THE CRITERIA IN, IN THE POLICY, WE, IT, IT CAME UP TO 28 OR 29 MILES PER HOUR, THE 85TH PERCENTILE SPEED.
THE, THE COMBINED WAS 28, SO IT WAS TWO MILES AN HOUR UNDER THE, UNDER THE SPEED LIMIT, AND SO THEN THAT'S, THAT WAS THE BASIS OF OUR DENIAL.
AGAIN, TH- THIS IS JUST, AND I WON'T GO THROUGH AND READ ALL OF THIS, BUT THIS IS IF WE WANTED TO GO THROUGH ANYTHING THAT THEY HAD PUT FORTH.
THIS IS THE LETTER THAT WAS SENT, UH, REQUESTING THE APPEAL AND THEIR, UM, REASONS FOR THE APPEAL.
I, I, THAT WAS SENT TO ALL OF YOU, SO, UM, UNLESS YOU WANT ME TO GO THROUGH THIS, I WON'T GO THROUGH THIS.
BUT THIS, IF YOU WANTED TO REFERENCE SOMETHING ON HERE, WE COULD.
COUNCILMAN THOMAS, HAVE YOU HAD A CHANCE TO LOOK AT THE APPEAL? UH, IT WAS INCLUDED IN THE EMAIL CORRESPONDENCE THAT WE HAD.
IS THERE ANY - I DID LOOK AT IT.
DO YOU, IS THERE ANY PART OF THIS THAT YOU'D LIKE TO GO OVER? THE, UH, BACK ON SLIDE THREE, YOU SAID THAT 80% REQUIRES 80% OF HOUSEHOLD SUPPORT.
IS THAT 80% OF THE PEOPLE THAT ARE WITHIN 500 FEET OF THE SPEED HUMP? YES.
NOT OF THE ENTIRE NEIGHBORHOOD IN THIS CASE? NO.
'CAUSE I'M, YOU KNOW, I'M THINKING IF THIS IS THEIR NEIGHBORHOOD AND WE'RE STOPPING THROUGH TRAFFIC FROM, YOU KNOW, PEOPLE WHO THINK IT'S A SHORTCUT FROM GOING THROUGH THERE, SOUNDS LIKE WE'VE ATTEMPTED TO DO THAT AT LEAST WITH A SIGN, THEN I'M, I'M HAVING LESS PROBLEM WITH THIS ONE BECAUSE NO ONE ELSE IS GOING IN THERE EXCEPT THE PEOPLE WHO ARE ASKING FOR THIS.
IT DOESN'T REALLY AFFECT ANYBODY.
IS THAT- THAT'D BE TRUE, YEAH.
WOULD THAT BE TRUE? AND NOT, NOT THE WHOLE NEIGHBORHOOD WON'T BE, HAVE TO SIGN THE PETITION, SO WE WON'T HAVE A PICTURE OF WHAT EVERY HOUSE WILL, WOULD VOTE, BUT, BUT, BUT CERTAINLY WITHIN THE 500 FEET OF THE HUMP.
AND DO WE HAVE ANY LEEWAY TO EXTEND THAT RANGE OR...
NO, I, UH, THAT WAS THE ONLY KIND OF...
I WANTED TO MAKE SURE I WAS CLEAR ON 80% OF WHAT WAS MY, WAS MY REAL QUESTION THERE.
AND THEN CERTAINLY I READ THROUGH THEIR EMAIL AND YOU, UH, UH, THE SPEAKER SAID YOUR, YOUR TRAFFIC SIGNS OUT THERE, HE THINKS THAT CONTRIBUTED TO TRAFFIC GOING A LITTLE SLOWER THAN THEY NORMALLY WOULD.
THERE'S TUBES THAT GO OVER THE ROAD.
I'VE, I'VE NOT HEARD THAT BEFORE, BUT I MEAN...
UH, THAT'S WONDERFUL QUESTION.
HAVE YOU, HAVE YOU RUN INTO THAT BEFORE WHERE SOMETHING JUST A TUBE, BUT THEY KNOW THEY'RE MEASURING SPEED GOING ACROSS THE ROAD, DOES THAT DETER TRAFFIC? DE- DETER SPEEDING? NOT, NOT THAT I'M AWARE OF.
THAT, THAT, THAT WAS MY QUESTION THERE.
YEAH, I THINK THAT'S MY QUESTIONS.
UM, I WILL SAY THOUGH, EVEN IF IT'S TWO THINGS GOING ACROSS THE STREET, LIKE ANYTIME THERE'S AN OBSTRUCTION ON THE STREET, IF SOMEONE'S PAYING ATTENTION AS THEY SHOULD WHEN THEY'RE DRIVING, UM, THEY'RE...
I MEAN, FOR ME IN PARTICULAR, I TYPICALLY SLOW DOWN JUST A LITTLE BIT,
[00:15:01]
NO MATTER WHAT'S IN THE STREET, EVEN IF IT'S, YOU KNOW, TRASH.BUT, UM, I, I HAVE GONE OVER THOSE BEFORE THROUGH VARIOUS PARTS OF TOWN AND, AND I USUALLY SLOW DOWN A LITTLE BIT BEFORE I HIT THEM.
I JUST HAVE A QUESTION ABOUT THE 2023 ORDINANCE CHANGE.
UM, WAS THAT A STAFF INITIATED REQUEST OR DO YOU REMEMBER WHY THAT CHANGED? UH, THERE WAS A COUNCIL MEMBER THAT, THAT INITIATED THAT.
UH, BECAUSE, UM, WERE THERE TOO MANY SPEED HUMPS HAPPENING OR, I MEAN, WAS IT AN, IS IT A PROBLEM? I, I'M REALLY NOT SURE - OKAY.
'CAUSE I, I CAN'T IMAGINE THAT, UM, THAT SOMEONE WAS LIKE, "OH MY GOSH, THERE'S SO MANY SPEED HUMPS GOING ON, GOING UP ON, ALL ACROSS THE CITY.
WE'VE GOTTA DO SOMETHING ABOUT THIS." SO, UM, I'M CURIOUS ABOUT THE HISTORY OF THAT, BUT IT'S SIMPLY CURIOSITY.
UM, THE 24-HOUR TIME PERIOD THAT THE TRAFFIC DATA WAS COLLECTED, WHAT WAS, WHAT TIMES WERE THAT? WERE, WAS THAT 24-HOUR PERIOD? UM, I, I...
IT'S, IT'S MIDNIGHT TO MIDNIGHT - OKAY.
I MEAN, IT USUALLY GOES OUT, LIKE, ON A, LET'S SAY, FOR INSTANCE, A TUESDAY AFTERNOON, THEY'LL PICK IT UP ON A THURSDAY AFTERNOON, BUT THE DATA THAT WE'LL USE FOR THE STUDY IS USUALLY, IS MIDNIGHT TO MIDNIGHT.
SO, LIKE, FOR A WEDNESDAY, IT'D BE MIDNIGHT TO MIDNIGHT.
UM, I, I CONCUR WITH COUNCILMAN THOMAS.
I, I MEAN, IF THE NEIGHBORHOOD WANTS THE SPEED HUMPS, I THINK THEY SHOULD BE ABLE TO HAVE THE SPEED HUMPS.
I'M, I'M REALLY CURIOUS WHY THIS SPEED STUDY REQUIREMENT WAS ADDED.
I MEAN, YOU'RE ACQUIRING 80% OF THE PEOPLE ON A STREET TO SAY, "YES, WE WANT IT." AND THAT'S A F - THAT'S A, A LARGE AMOUNT OF PEOPLE.
IT'S ACTUALLY A LARGE AMOUNT OF PEOPLE TO HAVE TO GET ANSWERS FROM.
UM, BECAUSE I KNOW THEY HAVE TO GO THROUGH A WHOLE AFFIDAVIT PROCESS, AND YOU GUYS HAVE TO SEND OUT CERTIFIED LETTERS, AND...
I MEAN, IT'S A, THAT'S A BIG DEAL.
SO FOR 80% OF A STREET WHO WILL BE DIRECTLY AFFECTED BY THE SPEED HUMP TO SAY, "YEAH, WE WANT IT," UM, I'M INCLINED TO SAY, "LET THEM HAVE IT." SO, UM, I DON'T KNOW IF YOU NEED A FORMAL VOTE OR - WE DO.
UM, I WOULD LIKE TO SET TO A VOTE FOR ALLOWING THE APPEAL PROCESS TO GO...
TO MOVE FORWARD AND ALLOW GARRISON WAY TO HAVE SPEED HUMPS.
SO THAT'S UNANIMOUS WITH THE COMMITTEE MEMBERS WE HAVE HERE.
THANK YOU VERY MUCH FOR BRINGING THIS FORWARD.
AND THANK YOU TO, UH, THE CITIZENS FOR THE APPEAL PROCESS.
WE'RE HAPPY TO BE PART OF THAT.
WE WILL DISCUSS THE PROPOSED ORDINANCE LANGUAGE FOR IMPROPER STORAGE.
THIS ITEM WAS REFERRED BY COUNCIL MEMBER LUCK AND SECONDED BY DEPUTY MAYOR PRO TIM DUTTON.
AND I BELIEVE WE HAVE CHRIS HARRIS OR, AND LANCE HOLSTER HERE FROM CODE COMPLIANCE TO MAKE THE PRESENTATION.
WELL, GOOD AFTERNOON ON A FIVE, UH, FOUR O'CLOCK FRIDAY, RIGHT? YES.
YOU CAN BLAME COUNCILMAN TRAN - NO.
WELL, COUNCILMAN TRAN HAS NOW JOINED US, SO WE HAVE A FULL COMMITTEE.
ONCE AGAIN, UH, WE'RE HERE TODAY.
WE'RE DOING A, A FOLLOW-UP DISCUSSION FROM OUR SEPTEMBER 1ST MEETING THAT COVERED IMPROPER STORAGE.
UM, WHAT WE'RE SEEKING TODAY IS, UH, COMMITTEE FEEDBACK AND, UH, JUST GIVE US THE DIRECTION THAT YOU'D LIKE US TO GO NEXT.
SO DURING THE SEPTEMBER 1ST MEETING, UH, SOME OF THE THINGS THAT WERE BROUGHT TO OUR ATTENTION OR THAT WE DISCUSSED, I SHOULD SAY, IS, UH, SOME OF THE CHALLENGES WITH THE ENFORCEMENT OF IMPROPER STORAGE, SOME OF THE AMBIGUITY THAT, UM, IS CREATED WITH THE, THE VERBIAGE, THE DEFINITION THAT'S USED FOR, UH, IMPROPER STORAGE AS IT IS NOW.
UM, WHAT WE DID WHEN WE WENT OVER THE REVISIONS IS WE ACTUALLY LOOKED TO SEEK, FIND A BALANCE, UM, BETWEEN, YOU KNOW, A NEIGHBORHOOD IMPROVEMENT AND THEN, UM, SORRY, NEIGHBORHOOD MAINTENANCE AND THEN AN ACTUAL, LIKE, IMPROVEMENT TO THE NEIGHBORHOOD ITSELF.
SO WE'RE TRYING TO HELP FIND THAT BALANCE BETWEEN THAT.
SO, UH, UNDER THE CURRENT, UH, REQUIREMENTS, WE TALKED A LITTLE BIT ABOUT THE AMBIGUITY.
AND SO, IN THIS SLIDE, YOU'LL SEE, RIGHT, MATERIALS SUBJECTS TO DETERIORATION.
WELL, SOME OF THE D- DURABLE MATERIALS, THEY MAY BE
[00:20:01]
PROPERLY STORED IN THE BACKYARD, BUT THEY COULD STILL BE A BLIGHT ISSUE.UH, SAME THING WITH THE HARBORGEN OF RODENTS.
THERE MIGHT BE HARBORGEN OF RODENTS, BUT THERE'S GONNA BE SOME SUPPORTING EVIDENCE THAT WE'RE GONNA BE ABLE TO HAVE TO FIND TO BE ABLE TO ENFORCE THAT ASPECT OF IT.
AND SO, ONCE AGAIN, WE LOOK TO TRY TO FIND SOME SORT OF BALANCE BETWEEN THAT AND THEN BEING ABLE TO ACTUALLY JUST TAKE CARE OF THE PEOPLE'S PROPERTIES.
SO WE WANTED TO MAKE SURE THAT WE WERE SUPPORTING THE GARLAND UH, GARLAND ON THE RISE STRA- STRATEGIC PLAN.
UH, WE WANTED TO MAKE SURE, UM, THAT WE WERE ADDRESSING ANY PROLONGED STORAGE AFFECTING ANY OF THE, UH, APPEARANCE OR THE, UH, AESTHETICS OF THE NEIGHBORHOOD ITSELF.
WE WANTED TO MAKE SURE THAT THERE WAS SOME OBJECTABLE STAND - OBJECTIVE STANDARDS AND LESS AMBIGUITY, NOT JUST FOR OUR OFFICERS WHEN THEY'RE DO - UH, PERFORMING THEIR JOBS.
WE WANTED TO MAKE SURE THAT IT'S EASY FOR THE CITIZENS TO UNDERSTAND AS WELL.
UM, AND THEN OF COURSE ALSO, YOU KNOW, WE WANT TO ALLOW, UH, LEGITIMATE IMPROVEMENT IN THE NEIGHBORHOODS.
WE WANT PEOPLE TO BE ABLE TO TAKE, UH, PRIDE IN THEIR, IN THEIR NEIGHBORHOOD, OR IN THEIR, UH, HOUSE AND FIX THAT FENCE IF THEY'D LIKE TO.
UM, BUT WE WANTED TO DISCOURAGE INADEQUATE STORAGE OR PROLONGED, UH, TIME THAT GOES ALONG WITH THAT.
SO BRING YOU TO YOUR FIRST EXERCISE OF THE DAY.
SO IF YOU WILL TAKE A LOOK AT THE PICTURE BEFORE YOU.
THIS IS AN ACTUAL CASE THAT WE'VE WORKED PREVIOUSLY.
UM, THIS, WE'RE GONNA JUST FOCUS BAS - MOSTLY ON THE LEFT SIDE OF THE PICTURE.
AND SO IN OUR, IN OUR CURRENT ORDINANCE, UM, WE DO HAVE SOME IMPRO - THE, WE HAVE SOME STORAGE TAKING PLACE NEAR, UH, ON THE SIDE OF A DRIVEWAY, A FRONT DRIVEWAY.
IT IS, UH, STACKED, UM, OVER SIX INCHES OFF THE GROUND.
YOU COULD JUST, YOU COULD HAVE AN ARGUMENT OF WHETHER IT'S ADEQUATELY NEATLY STACKED, AND YOU COULD ALSO HAVE THE ARGUMENT OF WHETHER OR NOT THERE'S ANY HYPERGENET RODENTS.
UM, ONCE AGAIN, THESE ARE THE, THE THINGS THAT OUR OFFICERS LOOK AT AND THEY HAVE TO TRY TO MAKE TO DETERMINE, ARE THERE MITIGATING CIRCUMSTANCES THAT WOULD SUPPORT THAT ENFORCEMENT? ALL RIGHT, SO KEEP THIS PICTURE IN MIND.
WE'LL RETURN TO IT HERE IN A MINUTE.
SO FOR, FOR THE PROPOSED, PROPOSED ORDINANCE CHANGES, WE'VE, UH, FOR THE IMPROPER STORAGE, WE WANTED TO MAKE SURE THAT WE KEPT THE MAJORITY OF, OF IT AS IT, AS IT'S WORDED.
UM, WE WANTED TO MAKE SURE THAT WE RETAIN THE MATERIAL OF SUBJECT DETERIORATION, UM, CLARIFY SOME OF THE EXAMPLES OF, OF THE MATERIAL.
UM, AND BY DOING THAT, WHAT WE DID WAS WE CAME UP WITH THREE ALTERNATIVE, UH, CONDITIONS.
NUMBER ONE BEING ORDINARY PUBLIC VIEW.
UM, THE SECOND WOULD BE DISORDERLY, UH, STORAGE OR VER - UH, OF RODENT HARBORAGE.
AND THEN OF COURSE, OBVIOUSLY, WE GO AHEAD AND KEEP IT, MAKE SURE EVERYTHING'S SIX, UM, SIX FEET, SIX INCHES OFF THE GROUND.
UM, ONE OF THE KEY CHANGES FOR THIS IS THE ORDINARY PUBLIC VIEW.
SO ORDINARY PUBLIC VIEW, IN, IN, IN VERY SHORT DEFINITION OF IT, IT'S ANYTHING THAT YOU CAN SEE FROM A PUBLIC EASEMENT, WHETHER YOU'RE IN THE STREET, BACK, IF YOU'RE IN AN ALLEYWAY, IF YOU'RE ON THE SIDEWALK, UM, IF YOU'RE ON AN ADJACENT LOT, IF YOU CAN SEE THAT THE, THE IMPROPER STORAGE AND THAT'S SOMETHING THAT COULD BE CONSIDERED IN, IN PUBLIC VIEW.
ANOTHER THING THAT WE DECIDED TO, UH, TO DO IS BEFORE IMPROPER W - UH, IMPROPER STORAGE WAS, WAS TIED INTO THE DEFINITION OF NUISANCE.
SO IT WAS A NUISANCE VIOLATION.
IT WASN'T SO MUCH THAT THEY WERE VIO - IN, VIOLATING IMPROPER STORAGE AS THEY WERE HAVING A NUISANCE VIOLATION.
WE WANTED TO PULL THAT OUT AND CREATE ITS OWN OFFENSE.
AND SO IT WOULD BE AN OFFENSE AT THIS POINT TO ALLOW OR, UH, SUFFER, CAUSE OR ALLOW, UH, IMPROPER STORAGE ON THE PROPERTY.
NOW, WE WANTED TO MAKE SURE, ONCE AGAIN, WE, UH, ADDED SOME AFFIRMATIVE DEFENSES.
SO IF YOU HAVE ANY KIND OF EMERGENCY REPAIRS, IF YOU'RE DOING SOME, UH, ROUTINE MAINTENANCE ON YOUR PROPERTY, AS LONG AS WE'RE SEEING OBSERVABLE PROGRESS TOWARDS COMPLETION, THEN OBVIOUSLY THAT WOULD BE ALLOWED AND WE CAN, UH, GO ON ABOUT OUR B- BUSINESS.
NOW, FOR THE PURPOSE OF THIS, THE ACTIVE PROJECT WOULD NEED TO BE, UH, AN OFFICER WOULD PROBABLY HAVE TO KEEP A WEEKLY, UH, KIND OF EYE ON WHAT'S GOING ON.
ARE WE SEEING PROGRESS? IS IT, IS IT, YOU KNOW, UM, DOES IT GO ALONG WITH WHAT'S BEING DONE AT, AT THE, AT THE PROPERTY ITSELF? OKAY.
SO MOVING RIGHT ALONG, WE'RE GONNA GO BACK TO THE SAME PICTURE THAT WE HAD BEFORE.
UH, ONCE AGAIN, LOOKING ON THE LEFT SIDE OF THE PICTURE, UH, YOU'RE LOOKING AT THE SAME PILE, AND IF YOU PUT THE SAME PILE, UH, IN WITH A NEW REVISED ORDINANCE, YOU DO SEE THE, UH, THE PILE OF FENCING MATERIAL.
YOU SEE THAT IT'S ABOVE SIX INCHES OFF THE GROUND.
MAYBE IT IS, UH, HARBORING RODENTS, MAYBE IT'S NOT, MAYBE IT'S NEATLY STACKED, MAYBE IT'S NOT.
BUT BY IT BEING ON THE SIDE OF THE DRIVEWAY, IN ORDINARY PUBLIC VIEW, IT WOULD BE IN VIOLATION IF IT'S BEEN THERE FOR A PERIOD GREATER THAN 24 HOURS.
SO HAVING SAID THAT, I'LL TAKE ANY QUESTIONS.
WILL YOU GO BACK TO THE PICTURE? ABSOLUTELY.
SO UNDER THE CURTAIN - CURRENT GDC, IF YOU SAW THIS, WHAT WOULD, WHAT, WHAT WOULD YOU SEE AND WHAT WOULD YOU BE ABLE TO DO? WELL, SO ONCE AGAIN, SO UNDER THE CURRENT, UH, UNDER THE CURRENT ONE AS IT IS RIGHT NOW, YOU HAVE MATERIAL, IT'S STACKED MORE THAN SIX INCHES OFF THE GROUND, OKAY? UM, IT IS LIKE
[00:25:01]
THE BEGIN - THE, THE FRONT PART OF THIS IS SIX INCHES OFF THE GROUND, IT'S NEATLY STACKED.MAYBE THE, THE TOP PART MIGHT BE CONSIDERED NOT NEATLY STACKED.
IF WE WERE TO, IF THIS, IF THIS CAME TO SOMETHING, IF WE TALKED TO THEM, A LOT OF OUR OFFICE WILL JUST SIMPLY TALK, "HEY, THIS IS WHAT WE'RE SEEING RIGHT HERE.
CAN YOU TAKE CARE OF THAT?" BUT IF THAT ISN'T THE WAY THEY GO, THEN A LOT OF TIMES WE'LL SEEK LEGAL, LEGAL, UH, FEEDBACK TO SAY, "HEY, THIS IS THE SITUATION WE HAVE.
DO WE FEEL COMFORTABLE WITH THE CRIMINAL PROSECUTION ALONG WITH THIS?" OKAY.
UM, ONE OF MY CONCERNS WAS THAT OUR COMMERCIAL, OUR COMMERCIAL ORDINANCE STATES THAT WE, YOU HAVE TO HAVE SCREENING ON THE FENCE - UH-HUH.
AND THAT, UH, ANY MATERIALS OUTSIDE STORAGE CAN'T GO ABOVE THE FENCE LINE.
UM, AND YOU'RE CONFIDENT THAT JUST CAN'T BE SEEN BY ANYBODY WILL COVER THAT, EVEN IF IT'S IN THE BACKYARD? YES.
SO IF, IF, SO ONCE AGAIN, IF IT IS, IT'S, LET'S SAY THEY HAVE A BOARD ON BOARD FENCE, RIGHT? SIX FOOT, UH, LET'S SAY IT'S AN EIGHT FOOT B BOARD ON BOARD FENCE PER - HAS A, IT'S BEEN PERMITTED, YOU CAN'T SEE ANYTHING GOING ON, BUT THEN YOU DO SEE THAT SOME OF IT'S STACKED ABOVE, THAT WOULD BE COMING IN, IN ORDINARY PUBLIC VIEW AT THAT POINT.
COMMITTEE MEMBERS, DO YOU HAVE ANY QUESTIONS? THE, COULD YOU GO BACK TO THE PICTURE? OH.
SO ARE WE LOOKING AT IT FROM THE BACKYARD OR ARE WE IN THE STREET OR - STREET VIEW.
IT'S, UH, THIS IS, AT THE TIME WE WERE ACTUALLY, UM, INVESTIGATING IT AND WE'VE GOTTEN PERMISSION TO BE ON, BUT GE- GENERALLY SPEAKING, THIS WOULD BE FROM SAY A SIDEWALK AND IT'S A FRONT, UH, DRIVEWAY.
AND SO THAT, THAT ILLUSTRATES PUBLIC VIEW.
AND THERE'S NO SCREEN BETWEEN...
I MEAN, YOU KNOW, THE PICTURE'S A LITTLE CLOSE UP.
BUT THAT'S NOT HAPPENING HERE.
I, YOU KNOW WHAT I MEAN? IF THIS WAS EVIDENCE IN THE TRIAL, THEY COULD SAY, "WELL, YOU JUMPED OVER THE FENCE AND TOOK THE PICTURE, BUT IT'S SCREENED." YEAH, IT'S A - THAT'S NOT THE CASE.
GENERALLY SPEAKING, WHEN WE TAKE ANY KIND OF, UH, CRIMINAL PROSECUTION, WE'RE GONNA MAKE SURE THAT IT'S CLEAR AND OBVIOUS THAT WE'RE TAKING IT FROM A PUBLIC EASEMENT, OR WE'RE GONNA BE ABLE TO SAY THAT WE, WE, WE HAD THE RIGHT TO BE ON THE PROPERTY BECAUSE THEY GAVE US THE RIGHT, WE ASKED, THEY GAVE US THE RIGHT TO BE ON THE PROPERTY.
SO ONE WAY OR ANOTHER, WE'D BE ABLE TO, TO DETERMINE THAT.
YEAH, NO, I'M, I'M NOT SEEING A PROBLEM HERE.
I'M THINKING SPLITTING THIS OUT AND HAVING ITS OWN SECTION WITH CLEAR DEFINITIONS.
I THINK YOUR, THINK YOUR FOLKS WILL BE ABLE TO LIVE WITH SOME OF THIS.
CAN YOU GO BACK A COUPLE OF SLIDES? SURE.
SO ALL OF THE, THE, UH, MATERIAL SUBJECT, INCLUDING BUT NOT LIMITED TO, ALL OF THAT STAYS IN THAT, THAT'S, NONE OF THAT'S NEW.
FURNITURE OR APPLIANCE IS NOT CUSTOMARILY DESIGNED OR USED OUTDOORS, SO NO REFRIGERATOR ON THE FRONT PORCH.
UM - THAT'S ALREADY IN OUR - THAT'S ALREADY IN THE CODE AND THAT'S ALREADY PART OF - YEAH, WE ES - WE ESSENTIALLY KEPT THE, THE BULK OF THE DEFINITION.
WE, IF YOU WILL, WE ADDED THE, WE ADDED THE ORDINARY PUBLIC VIEW AND THEN WE SORT OF PULLED IT OUT SO THAT IT'S AN, THERE, IT'S AN, AN OR, IF YOU WILL, RIGHT? SO YOU CAN, ORDINARY PUBLIC VIEW OR ORDERS THAT ARE, THAT ARE, UH, NOT KEPT IN TIDY ORDER, THAT ARE NOT SIX INCHES.
SO THE PENCIL MATERIAL AND THE LANDSCAPE MATERIALS ARE ALSO NEW.
DO YOU HAVE ANY QUESTIONS? YEP.
CAN YOU REMIND ME OF SEPTEMBER 1ST MEETING? IS THAT THIS YEAR OR LAST YEAR? IT WAS THIS YEAR.
UM, SO THE CURRENT ORDINANCE THAT WE DON'T HAVE THE, THE LANGUAGE TO SAY THE PUBLIC VIEW, IS THAT CORRECT? THAT'S CORRECT.
SO THE NEW ONE, WE ADD THAT ONE TO JUST THE NEW ORDINANCE, RIGHT? YES.
THAT, YES, THAT'S PART OF THE SUGGESTED REVISIONS.
AND GO BACK TO THE PICTURES THAT YOU MENTIONED EARLIER.
SO IF TODAY, AND YOU SEE THESE PICTURES AND WE NOT BE ABLE TO ENFORCE BECAUSE WE DIDN'T HAVE THE LANGUAGE OF OPEN TO PUBLIC VIEW.
SO IT'S NOT SO MUCH THAT WE WOULDN'T BE ABLE TO ENFORCE IT.
IT'S THAT THERE'S SOME AMBIGUITY.
THERE'S GONNA BE SOME OTHER STANDARDS THAT WE WOULD HAVE TO BE ABLE TO PROVE, RIGHT? IF WE WANTED TO SAY THIS WAS HARBING RODENTS, WE'D HAVE TO HAVE SOME MITIGATING FACTORS TO BACK THAT ASSUMPTION THAT IT'S, THAT'S HARBING RODENTS.
IF WE WANT TO SAY THAT IT'S NOT NEATLY PILED BECAUSE OF WHAT'S ON TOP, ONCE AGAIN, YOU HAVE TO HAVE THAT, THAT MITIGATING FACTOR.
THERE'S AN ARGUMENT TO BE HAD ONE WAY OR THE OTHER.
SO WITH THE ORDINARY PUBLIC VIEW, IT GIVES A LITTLE BIT MORE STRENGTH TO THE BACK END.
AND THIS CONSIDERS THIS VIOLATION BECAUSE ABOVE SIX INCHES, IS THAT CORRECT? I'M SORRY.
[00:30:01]
OF A VIOLATION OF THE ORDINANCE BECAUSE OF SIX INCHES.IS THAT CORRECT? NO, IT HAS TO BE AT LEAST SIX INCHES ABOVE.
AT LEAST SIX INCHES ABOVE TO, TO NOT BE CONSIDERED...
WELL, THAT'S ONE OF THE REQUIREMENTS, RIGHT? IT HAS TO BE AT LEAST SIX INCHES ABOVE.
IF IT'S SITTING ON THE GROUND, THEN THAT'S GONNA BE IMPROPER STORAGE.
BUT IF IT'S, IF THIS RIGHT HERE WERE SITTING DIRECTLY UNDER THE GROUND, THAT COULD BE CONSIDERED IMPROPER STORAGE.
THAT WOULD BE A LITTLE BIT MORE, A QUICKER PATH TO ENFORCEMENT AT THAT POINT.
SO, UM, IF WE APPROVE THIS, HOW MUCH IMPACT TO OUR RESIDENTS OR, OR COMMERCIAL, UH, RELATE TO THIS CHANGE? SO THIS SPECIFICALLY FOR RESIDENTIAL ZONING, SO IT WOULDN'T HAVE ANY EFFECT TO THE, THE COMMERCIAL CODE.
UM, THERE ARE SOME THINGS THAT WE DO HAVE CONCERNS WITH IS HOW, HOW WOULD THAT AFFECT, UM, LET'S SAY THE, THE MAJORITY OF DISTRICT TWO, RIGHT? THAT THERE'S A LOT OF CHAIN LINK FENCES IN THERE.
UM, THERE'S A LOT OF PEOPLE THAT RIGHT NOW, MAYBE THEY, THEY DON'T QUITE MEET THE DEFINITION OF IMPROPER STORAGE.
THIS WOULD IN FACT, WITH THE APPROVAL, WOULD INITIALLY PUT THEM IN, IN, IN THAT CATEGORY.
UM, PEOPLE SAY THAT ARE STORING THEIR FIREWOOD OUTSIDE OF THEIR, THEIR BACKYARD.
SO TECHNICALLY SPEAKING, LUMBER MATERIALS THAT ARE SUBJECT DETERIORATION, IT'S, IT, EVEN THOUGH IT'S SIX FEET, THAT COULD BE ONE OF THE ISSUES THAT WOULD BE, WE'D BE LOOKING AT.
SO IT'S, THAT IS ONE OF THE KIND OF CONCERNS THAT AND THE, YOU KNOW, ALL OF THE, LIKE I SAID, ALL OF THE NEIGHBORS, THE OLDER NEIGHBORHOODS THAT DON'T HAVE THE NEWER FENCES.
SO YOU SAY MOSTLY ON DISTRICT TWO AS YOU SEE ANY OTHER DISTRICT LIKE? I JUST...
I, I JUST USE DISTRICT TWO AS AN EXAMPLE, BUT YEAH, NO, THERE'S, I, I HAVE A CHAIN.
SO, UH, CHAIRWOMAN, IS THIS GONNA ASK OUR COMMITTEE TO GIVE DIRECTION TODAY OR IS IT GONNA GO BACK TO THE FULL, FULL COUNCIL OR HOW DOES THAT WORK? YEAH, IT WILL ALWAYS GO BACK TO COUNCIL FOR A FINAL DECISION.
SO WE JUST MAKE SURE THAT WE GO THROUGH FIRST HERE AND BEFORE THEY GO BACK.
WE MAKE A RECOMMENDATION TO COUNCIL AND THEN STAFF WILL COME AND PRESENT TO COUNCIL.
I THINK IT MAKES SENSE THAT, UM, IF IT'S, IT'S IN PUBLIC VIEWS AND PEOPLE, RIGHT? UM, SO, AND THIS IS REVISE HERE IS MAKE US MORE CLEAR AND, AND IS THAT EASIER ENFORCEMENT? IT, IT DOES GIVE SOME CLEAR PATHS TO ENFORCEMENT.
UM, HOW IS THIS COMPARISON TO OTHER CITY? DO THEY HAVE SIMILAR LIKE US? DO YOU WANNA COVER IT? SO LIKE ROCKWALL, EVERYBODY'S GOT SOME FORM OF OUTSIDE STORAGE FOR IMPROPER STORAGE.
THEY ALSO CALL IT OUTSIDE STORAGE.
ROCKWALL, THEY, THEY LINK THEIR CONSTRUCTION MATERIAL TO A CURRENT PERMIT.
YOU KNOW, WHAT WE'RE SAYING IS A LITTLE MORE BROAD.
BECAUSE THERE ARE PROJECTS THAT WON'T HAVE A PERMIT.
LIKE YOU'RE REPLACING YOUR FENCE WITH SIMILAR MATERIALS.
YOU DON'T HAVE TO HAVE A PERMIT FOR THAT.
SO WE'RE SAYING AS LONG AS YOU'RE MAKING PROGRESS, YOU DON'T HAVE TO HAVE, YOU KNOW, THAT MATERIAL'S BEING USED FOR THAT PROJECT, IT'S OKAY.
SO WE'RE A LITTLE MORE BROAD IN THAT MANNER.
UH, THERE, BUT ROCKWALL IS STILL SAYING IT'S SCREENED FROM VIEW OF PUBLIC RIGHT OF WAY AND ADJACENT PROPERTIES.
RICHARDSON, UM, THEY'RE SAYING IT'S SCREENED FROM ADJACENT PROPERTIES BY A SIX FOOT SOLID WOODEN FENCE.
MURPHY, SIX FOOT FENCE FROM THREE INCH RIGHT OF WAYS.
IT'S PRETTY CONSISTENT ACROSS THE BOARD.
UM, I MEAN, MOST OF THEM DON'T HAVE THE, NECESSARILY THE, THE SIX INCHES ABOVE THE GROUND RULE.
I THINK THAT STILL GIVES US, I MEAN, SOME, SOME LEEWAY THOUGH.
WE WANNA, WE DON'T WANT PEOPLE STORING LUMBER AND THINGS THAT ARE, YOU KNOW, THINGS LIKE THAT ARE BRICK ON THE GROUND OR WICKS UP WATER.
IT ALLOWS A LOT MORE ROAD AND HARBORAGE AS A REASON FOR THAT SIX INCH RULE.
SO THIS IS MORE DRIVEN BY OUR GARLAND AND THE RISE, RIGHT? THIS IS WILL HELP US TO MAKE SURE THAT WE DO A LOT OF CLEANUP AND ATTRACTS, UM, ALL THE BUSINESS AND PEOPLE COME TO OUR CITY.
UM, SO YOU MENTIONED THAT DISTRICT TWO HAS A LOT OF CHAIN LINK FENCE AND A LOT OF THE ISSUE LIKE THIS IS IN DISTRICT TWO.
AND SO IF THIS GOES FORWARD AND PASSES, DOES THAT MEAN YOU'RE GONNA NEED TO HIRE 10 MORE CODE TICKET WRITERS TO BLANKET TICKET IN DISTRICT TWO OR, OR THE CITY TO...
THERE'S A WHOLE BUNCH OF PEOPLE ALL OF A SUDDEN ARE GONNA BE OUTSIDE COMPLIANCE, RIGHT? WELL, UM, SO YES, THAT, THAT, THAT IS THE POTENTIAL IS, IS ONE OF THE CONCERNS THAT WE HAVE, WE'RE, WE'RE BRINGING.
UM, BUT NO, I WOULDN'T SAY AT THIS POINT IN TIME THAT WE WOULD HAVE TO HAVE ANY DIRECT CHANGE TO THE, THE WORKFORCE THAT WE HAVE, YOU KNOW, TO BE ABLE TO ACCOMMODATE THE, OF THAT.
WE, WE NEED TO MAKE SURE THAT WE HAVE, UM, GOOD EDUCATION, UH, FOR OUR OFFICERS, FOR THE, FOR THE CITIZENS THEMSELVES AND, AND COVERING THAT.
I WOULD THINK R- REALLY CLEAR COMMUNICATION TO THE CITIZENS
[00:35:01]
THAT, HEY, HERE IT'S COMING AND YOU GET, I DON'T KNOW, EVEN AFTER WE PASS IT, MAYBE SOME AMOUNT OF TIME, 30, 60 DAYS TO REMEDY THE SITUATION, UH, WHILE WE HAVE, YOU KNOW, AN EDUCATION PERIOD LIKE WE DID THIS SUMMER.UM, SO THAT WE DON'T IMMEDIATELY GO OUT AND HIT PEOPLE THAT HAVE BEEN STORING THEIR FIREWOOD IN THIS SPOT FOR 30 YEARS.
YOU KNOW WHAT I MEAN? A CHANGE LIKE THIS WHERE IT CAN RESULT IN MONETARY PENALTIES.
I THINK WE NEED AN EDUCATION PERIOD LIKE WE DID FOR THE, YOU KNOW, JUST THE ROLLOUT FROM, FOR THE CIVIL PENALTIES THIS YEAR.
I THINK, YOU KNOW, REACHING OUT TO THE PUBLIC, AND I THINK, UH, YOU KNOW, WE, WE CERTAINLY HAVE, UH, TOOLS TO DO THAT WITH THAT LETS US, UH, YOU KNOW, LETS US HELP THE CITY GET THE WORD OUT THAT THIS IS COMING AND GIVE PEOPLE TIME TO, YOU KNOW, ADAPT.
I THINK IT'D BE REALLY IMPORTANT FOR US TO, TO EDUCATE FIRST BEFORE WE GET TO STRICT ENFORCEMENT.
I THINK COUNCILMAN TRAN LAST TIME HAD A SUGGESTION OF MAYBE SOME PICTURES THAT WE COULD PLACE.
AND SO WE HAVE, WE, YOU KNOW, HAVE A SECTION OF, ON THE WEBSITE FOR CODE.
UM, WE COULD PUT THAT IN THERE.
HERE ARE SOME PICTURES OF SOME OF THE VIOLATIONS THAT WOULD BE NOT JUST FOR IMPROPER STORES.
I'M SURE WE COULD DO THAT FOR OTHERS AS WELL.
I DID WANT TO MENTION, THIS GUY RIGHT HERE, HE DID SOME RESEARCH AND HE HAS YOUR SIX INCH ANSWER AS FAR AS WHY DID WE COME UP WITH SIX INCHES.
SO THAT WAS AN FDA REQUIREMENT.
WE USED TO BE UNDER THE HEALTH DEPARTMENT.
UH, WE WERE REALLY CLOSE TO LINK WITH THE HEALTH DEPARTMENT WHEN ALL OUR ORDINANCE WAS WRITTEN.
SO IT WAS AN FDA REQUIREMENT TO KEEP FOOD STORED SIX INCHES OFF THE GROUND, SO THAT WAY MINOR SPILLS CAN GO UNDER IT AND YOU CAN ALSO, YOU KNOW, KEEP AN EYE CLEAN UNDERNEATH THERE.
AND ALSO PEOPLE SAY YOU COULD MONITOR THE RODENTS COMING IN AS WELL.
EASIER THAN IF IT WAS JUST UP ON A FOUR INCH PALLET.
RIGHT? BECAUSE I MEAN, IF LIKE, I GUESS IF THEY STACK TWO PALLETS AND WE'RE TECHNICALLY THEY'RE SIX INCHES OFF THE GROUND, IS THAT, WOULD THAT STILL BE OKAY IF THAT WAS THE ONLY PROBLEM? IS IT, IS JUST DOUBLE STACKED PALLET? YEAH.
AS LONG AS IT'S HARD FOR ODANCE AND THINGS LIKE THAT.
BUT THEN IF YOU GO AND SEE EVIDENCE OF DROPPINGS OR WHATEVER, THEN YOU CAN SAY, OKAY, WELL THERE'S, THEN THAT'S WHAT WE WERE TALKING ABOUT ON A PREVIOUS SLIDE.
ABOUT IT MAKES IT A LITTLE DIF - MORE DIFFICULT TO ENFORCE.
CAN YOU GO BACK TO THAT ONE JUST FOR A SEC? UM, NO, YOU HAD A, YOU HAD TWO COLUMNS ON THE - OH, SORRY, THAT ONE.
REQUIREMENT AND THE DIFFICULTIES THAT THE CURRENT PROCESS HAS.
SO THIS, THIS FIXES ALL OF THESE ENFORCEMENT DIFFICULTIES IN YOUR MIND? IT, UH, IT MAKES IT, LIKE I SAID, IT'S A MUCH MORE PATH, A CLEAR PATH TO ENFORCEMENT.
AND IF IT MAKES IT CLEARER TO THE ENFORCEMENT OFFICERS AND TO THE PUBLIC, THEN I THINK THAT, THAT MAKE, MAKES FOR A GOOD CHANGE.
SO THE STACKED FIREWOOD IS A LITTLE, I THINK THAT'S PROBABLY GOING TO BE THE ONE THING THAT PEOPLE HAVE REAL ISSUE WITH.
IF THERE'S A CHAIN LINK FENCE THAT YOU CAN SEE THROUGH, YOU KNOW, STACKED FIREWOOD AND YOU'RE NOT ALLOWED TO HAVE STACKED FIREWOOD IF YOU CAN SEE THROUGH THE FENCE, RIGHT? RIGHT.
IS THAT KIND OF WHAT WE'RE SAYING? UH, YEAH.
UM, WOULD WE BE ABLE TO PUT IN SOMETHING LIKE UNLESS IT'S STACKED FIREWOOD? SO THERE, I THINK THE OPTION, I MEAN, WE'D HAVE TO GET WITH THE CITY ATTORNEY ON THIS, BUT THERE ARE, THERE ARE OPTIONS TO ADD DEFENSES AND AFFIRMATIVE DEFENSES.
A DEFENSE IS BASICALLY AN OUTRIGHT ALLOWABLE.
THEY HAVE THE DEFENSE TO BE ABLE TO HAVE FIREWOOD.
AND SO THE AFFIRMATIVE DEFENSE IS, IS A LITTLE BIT MORE AMBIGUOUS IN THAT THE AFFIRMATIVE DEFENSE IS NOT AN OUTRIGHT RIGHT.
IT'S SOMETHING THAT CAN BE DECIDED BY A JUDGE IF NECESSARY.
AND, AND ALSO, I MEAN, IF WE, IF WE GO THAT ROUTE, IF THAT'S SOMETHING THAT YOU GUYS WORK OUT THAT CAN BE DONE, UM, AS LONG AS IT'S NOT OVER THE FENCE LINE, I FEEL LIKE STACKING UP, I, I FEEL IT'S FAIR, FAIRLY COMMON FOR PEOPLE TO STACK UP FIREWOOD.
IS IT FAIRLY COMMON FOR PEOPLE TO HAVE SIX FEET OF STACKED UP FIREWOOD? PROBABLY NOT.
I MEAN, I GUESS IT DEPENDS ON HOW MANY FIREPLACES YOU HAVE.
UM, OR IF YOU LIKE HAVE A BARBECUE JOB OR BARBECUE, BIG BARBECUE PIT THAT YOU DO A LOT OF SNOWING AND STUFF.
I, I JUST, THAT, THAT'S REALLY MY ONE CONCERN IS CHAIN LINK FENCES AND STACKED FIREWOOD THAT'S USED FOR HEATING A HOME.
UM, I WOULD LIKE TO MAYBE ATTACK THAT ONE ITEM.
UM, ON SLIDE SIX, IT SAYS, OR OTHER BUILDING MATERIALS.
SO THAT ONE I AM A LITTLE CONCERNED ABOUT BECAUSE THAT JUST BASICALLY OPENS IT UP TO WINDOWS, ROOFING, ALL KINDS OF
[00:40:02]
THINGS.I MEAN, BASICALLY ANYTHING THAT CAN BE USED TO BUILD SOMETHING - UH-HUH.
SO, UM, IS THERE A WAY TO MAYBE...
I, I JUST, I DON'T WANNA OPEN IT UP TO WHERE WE'RE LIKE, YEAH, YOU CAN STORE ANYTHING YOU WANT AS LONG AS IT'S SIX FEET AND NOBODY CAN SEE IT.
SO IT IS BROAD, BUT I, I, I'LL BRING, I WOULD, I WOULD COUNTER WITH THIS.
IF YOU HAVE IT, IF YOU HAVE, UM, WE'LL USE THE WINDOW EXAMPLE THAT YOU HAVE.
IF YOU HAVE A STACK OF WINDOWS BECAUSE YOU EVENTUALLY PLAN ON CHANGING THE WINDOWS IN YOUR HOME AND YOU'RE A DIYER, RIGHT? UM, YOU HAVE IT IN YOUR BACKYARD, YOU HAVE IT STAGNANTLY ABOVE SIX FEET.
IT'S A BOARD ON BOARD, SIX FOOT FENCE, AND WE DON'T EVEN KNOW IT'S THERE BECAUSE WE CAN'T SEE IT.
IT WOULD BE RATHER DIFFICULT FOR US TO ENFORCE THAT.
SO, SO THAT, I, THAT, I THINK THAT THERE ARE ALLOWABLE INSTANCES WHERE, YOU KNOW, IF WE GO BACK THERE, IF SOMETHING HAPPENS AND WE WERE TO GO BACK THERE FOR ANOTHER REASON AND WE SAW IT AND IT'S JUST SITTING ON THE GROUND, OUR OFFICERS ARE NORMALLY GONNA SAY, "HEY, REALLY, YOU SHOULD BE HAVING THAT.
YOU DON'T WANT YOUR STUFF TO GET RUINED.
YO SPEND A LOT OF MONEY ON THOSE WINDOWS.
YOU PROBABLY WANNA GET THOSE OFF THE GROUND." RIGHT.
BUT IN GENERAL, WE WOULDN'T SEE IT TO BEGIN WITH.
GOES BACK TO THE ORDINARY PUBLIC VIEW.
AND SO FOR ANY OF THAT, CORRECT.
UM, MY OTHER CONCERN IS THAT PEOPLE WILL TAKE THESE BUILDING MATERIALS AND LIKE WE SAW IN THE PICTURE, MOVE THEM TO A TRAILER THAT'S STORED ON THE PROPERTY EITHER IN THE DRIVEWAY OR MAYBE, UM, IN, IN VIEW IN, IN THE BACKYARD.
SO, UM, IS THERE ROOM TO, UH, ADD TRAILER STORAGE TO THIS? I THINK WE, WE ALREADY HAVE THAT IN THE ORDINANCE.
SO IT'S ALREADY COVERED IF BY, YOU KNOW, EARLIER, UH, UM, WELL, FOR TRAILER STORAGE, IT'S ALREADY COVERED UNDER ZONING.
UM, THERE WAS SOMETHING TALKED ABOUT IN THE LAST, UH, TALKING ABOUT VEHICLES.
WE ALREADY HAVE A COMPLETE SECTION AND ARTICLE, ARTICLE, UH, DIVISION TWO OF THE SAME ARTICLE COVERS, UM, JUNK MOTOR VEHICLES.
SO WE HAVE SPECIFIC INSTANCES AND, AND REQUIREMENTS FOR THOSE INDIVIDUAL VIOLATIONS.
UM, I KNOW THERE'S A, UH, A TRAILER IN NEW WORLD NEIGHBORHOOD THAT HAS LANDSCAPING DEBRIS IN IT AND IT'S A, UH, A, A PRETTY CONSTANT COMPLAINT FROM A PARTICULAR NEIGHBOR OVER THERE.
UM, YES, SO I WANNA ADD A COMMENT THAT TO, UM, AGREE WITH COUNCILMAN THOMAS ON THE EDUCATION PERIOD.
UM, AND THEN I'M A VISUALIZING ED LEARNING, LEARNER, SO I LIKE PICTURES.
UH, SO THOSE THAT WILL HELP THEM TO KNOW WHAT THEY HAVE TODAY IS VIOLATION IN THE FUTURE IS GONNA BE SO TO GIVE THEM ENOUGH TIME TO PREPARE, UH, AND FEEDBACK.
SO IF WE CAN ADD THAT ONE TOO, IT'D BE GOOD.
SO, I MEAN, ONE OF THE GOOD THINGS ABOUT THE, THE CITY IS THAT WE'RE, YOU KNOW, WE COLLABORATE WITH ALL THE PARTNER DEPARTMENTS AND WE HAVE A PUBLIC MEDIA RELATIONS.
THEY CAN HELP US, UH, GET SOME INFORMATION OUT, PUT SOMETHING ON THE WEBSITE, AND I'M SURE WE CAN ALSO PROBABLY COVER SOCIAL MEDIA AND KIND OF GET THE INFORMATION OUT THERE.
HAS, UH, HAS PROACTIVE ENFORCEMENT BEGUN YET OR ARE YOU GUYS STILL KIND OF TWEAKING SOME THINGS WITH THE, WITH SALESFORCE? NO, NO.
WE'VE, YEAH, WE'RE STILL, ON SEPTEMBER 1ST, WE STARTED WITH ALL OF OUR, OUR PROACTIVE ENFORCEMENT.
WE, UH, ENDED THE EDUCATIONAL PERIOD AND WE STARTED THE PROACTIVE START AGAIN.
UM, COMMITTEE, ARE YOU READY TO HAVE THIS PRESENTED TO COUNCIL? UM, LEGAL, DO YOU FEEL CONFIDENT ABOUT THE FIREWOOD THING OR DO YOU FEEL LIKE YOU SHOULD COME BACK TO COMMITTEE FOR THAT? NO, I THINK WE CAN WORK WITH STAFF AND WE'LL HAVE THAT READY FOR COUNCIL.
WE'RE READY TO BRING THIS TO COUNCIL.
NEXT ITEM IS 3C, AUTOMOTIVE CERTIFICATES OF OCCUPANCY, DECISE USE CHART ALIGNMENT.
SO WE WILL DISCUSS AUTOMOTIVE CERTIFICATES OF OCCUPANCY TO ENSURE AUTHORIZED USES ARE CLEARLY IDENTIFIED AND CONSISTENT WITH THE GDC USE CHART AND DEFINITIONS.
THIS ITEM WAS REFERRED BY COMMITTEE, TO THE COMMITTEE BY DEPUTY MAYOR DUTTON.
THE SECOND WAS, BUT IT WAS PROBABLY ME.
UM, SO SEAN AND I WILL KIND OF GO OVER WHAT CURRENTLY, WHAT ELEMENTS DO WE CURRENTLY HAVE ON OUR CERTIFICATE OF OCCUPANCY, A COUPLE EXAMPLES FROM, FROM SOME PEER CITIES.
[00:45:01]
SCOPING MEETING, SO WE'RE TRYING TO UNDERSTAND FROM THE COMMITTEE WHAT IS BEING ASKED OF US TO DO ON THIS ITEM, BUT WE WANTED TO PROVIDE YOU ALL WITH SOME INFORMATION TO HAVE, UH, INITIAL DISCUSSIONS.SO WE'LL GO OVER THE CURRENT ELEMENTS, WE'LL GO OVER THE EXAMPLE CITIES, AND THEN WE'LL UNDERSTAND WHAT THE CONCERNS ARE.
SO HERE'S SOME OF THE, UM, EXAMPLES THAT WE HAVE ON, UH, OUR CURRENT COS.
SO WHAT YOU SEE ON HIGHLIGHT BEFORE THAT, THAT'S THE USE.
UH, AUTOMOBILE SALES NEW OR USED WITH MINOR AUTO REPAIR.
ON THE SECOND ONE, AUTO REPAIR MAJOR IS THE USE PER THE GDC AND THE AUTOMOBILE SALES NEW OR USED WITH AUTOMOBILE REPAIR MINOR.
THAT'S THE, THOSE ARE THE TWO USES FROM THE GDC.
AND IT IS VERY COMMON BECAUSE WE WANT TO SEE LIKE ANYBODY WHO'S GOING TO THE BUSINESS TRYING TO IDENTIFY WHAT THEY'RE SUPPOSED TO BE, THAT IS ONE OF THE PRIMARY ELEMENT THAT SHOULD BE ON THE CO.
WHAT ADDITIONAL INFORMATION'S ADDED ON THAT ASPECT, UM, ARE SOME OTHER INSTRUCTIONS SUCH AS NO OUTSIDE VEHICLE REPAIR ALLOWED, NO OUTSIDE VEHICLE REPAIR ALLOWED, AND NO VEHICLE STORAGE IN EXCESS OF 90 DAYS, UH, OR IN EXCESS OF 14 DAYS, THINGS LIKE THAT.
SO JUST WANTED TO KIND OF TOUCH BASE ON WHERE THOSE COME FROM.
UH, ON THE GDC, WE HAVE THE DEFINITIONS OF THE USES, AND THEN WE ALSO HAVE SPECIAL STANDARDS.
UM, SO AS YOU COULD SEE, THE MAXIMUM OF, UH, THE NO OUTDOOR REPAIR THAT COMES FROM THAT SPECIAL STANDARDS, THAT'S THE FIRST RED BOX.
THEN FOR MAJOR, WE CAN, UH, THEY CANNOT REMAIN ON SITE FOR MORE THAN 90 DAYS.
AND THEN, UM, FOR MINOR, THEY CANNOT REMAIN ON SITE FOR, UH, MORE THAN 14 DAYS, THAT'S WHERE IT COMES FROM.
SO IT'S ALL PART OF, REGARDLESS OF WHAT WE SAY IN HERE, THEY CAN'T DO THAT ANYWAY.
SO I'LL LET SEAN KIND OF EXPLAIN WHY WE HAVE THESE ADDITIONAL INFO HERE, AND THAT IS TRULY TO MAKE THINGS EASIER FOR OUR CODE ENFORCEMENT OFFICERS.
AND SEAN, IF YOU DON'T MIND KIND OF.
AS A CODE OFFICER VISITS A PROPERTY, THEY MAY NOT UNDERSTAND, FIRST OF ALL, WHAT DISTRICT THEY'RE IN, AND THEY, SO THERE MIGHT BE SOME, AND THEY MIGHT NOT KNOW IF IT'S A MINOR OR A MAJOR AUTO.
OBVIOUSLY, THEY CAN TELL IT'S AN AUTO REPAIR.
THAT ALSO COMES INTO PLAY IF IT'S AUTO SALES.
SOME AUTO SALES COS ARE ALSO ALLOWED TO DO MINOR AUTO REPAIR.
AND SO IF THEY PULL UP TO WHAT LOOKS LIKE AN AUTO SALES LOT AND THEY SEE A REPAIR GOING ON, THAT MIGHT CAUSE SOME, SOME CONCERN OR, OR AN UNNECESSARY VIOLATION BEING ISSUED.
AND SO WE PUT THAT ON THE CO, WHICH IS SUPPOSED TO BE POSTED ON THE PROPERTY SO THAT EVERYBODY KNOWS AND IT'S CLEAR TO THE OPERATOR AND TO CODE ENFORCEMENT WHAT IS ALLOWED ON THAT PROPERTY.
AND IN AUTO SALES IN PARTICULAR, THEY UNDERSTAND, BECAUSE NOT EVERY AUTO SALE IS ALLOWED TO HAVE MINOR AUTO REPAIR.
AND SO WE CAN PUT THAT ON THE CO TO MAKE IT CLEAR TO EVERYBODY WHAT'S ALLOWED.
AND THEN I DON'T, I DON'T WANNA JUMP AHEAD, BUT THERE'S ONE OTHER THING ON HERE THAT IS ALSO CONFUSING.
THE, UH, WHERE IT SAYS S1 AUTO, UH, ON THE TWO ON THE LEFT IT SAYS S1 AUTO REPAIR GARAGE ONLY.
I KNOW THAT CAUSES CONFUSION AND CONCERN, SO I DON'T KNOW IF YOU'RE GONNA ADDRESS THAT LATER, BUT- BUT NO, THIS IS THE PERFECT SPOT - OKAY.
TO KINDA BECAUSE THAT ALSO CAUSES CONFUSION, BUT THAT IS TRULY A BUILDING MATTER.
SO I THINK THIS IS THE RIGHT SPOT.
AND SO CERTIFICATES OF OCCUPANCY HAVE BEEN AROUND SINCE THE LATE 1800S, EARLY 1900S BECAUSE OF THE CHICAGO FIRE.
AND THE BUILDING CODE CAME UP WITH SOMETHING CALLED AN OCCUPANCY CLASSIFICATION, WHICH SOUNDS LIKE A LAND USE CLASSIFICATION, BUT IT'S DIFFERENT.
AND SO THE BUILDING CODE DEALS WITH BUILDINGS FROM A STANDPOINT OF BUILDING SAFETY AND WHAT TYPES OF BUSINESSES ARE SAFE TO OPERATE IN THAT TYPE OF CONSTRUCTION.
AND SO S1 IS STORAGE, AND YOU WOULDN'T THINK OF STORAGE USE FOR AN AUTOMOTIVE USE.
AND, AND TRULY AN AUTOMOTIVE USE WOULD...
WE PUT IT IN S1 BECAUSE IT'S THE MOST RESTRICTIVE OF THE TYPES OF OCCUPANCY CLASSIFICATION THAT, THAT DEAL WITH AUTO USE.
AND SO THE BUILDING CODE ACTUALLY SPECIFIES ALL THE DIFFERENT TYPES OF STORAGE, UH, THAT ARE, THAT EVERYTHING THAT FALLS UNDER THE S1 USE.
IT'S, IT'S CALLED A MODERATE HAZARD, S1.
AND SO THE REASON IT SAYS REPAIR GARAGE ONLY ON THE USE OCCUPA - O- OCCUPANCY CLASSIFICATION, I CAN'T EVEN SAY IT, BUT THE REASON THAT'S THERE IS BECAUSE S1 ALLOWS FOR A LOT OF THINGS.
[00:50:01]
CLEAR THAT YOU CAN'T HAVE, UH, BOOKS AND PAPER ROLLS, BOAT, BOOTS AND SHOES, LINOLEUM BEING STORED, LUMBER BEING STORED.UH, IT EVEN HAS TOBACCO CIGARS AND CIGARETTES AND SNUFF.
AND SO CERTAINLY WE DON'T WANT SOMETHING WE'VE APPROVED FOR AUTO USE TO HAVE CIGARS BEING STORED THERE.
AND SO THAT'S WHY WE PUT GARAGE REPAIR ONLY.
NOW WE UNDERSTOOD THAT'S CONFUSING AND YOU'LL SEE ON THE FURTHEST ONE TO THE RIGHT, IT JUST SAYS S1 STORAGE MODERATE HAZARD.
THAT'S STRAIGHT OUT OF THE BUILDING CODE.
WE WENT BACK TO THAT BECAUSE IT WAS CAUSING TOO MUCH CONFUSION TO HAVE, UH, REPAIR GARAGE ONLY.
AND I THINK THAT IS USEFUL BECAUSE WHAT USE GOES IN THERE, THAT'S CONTROLLED BY THE USE CLASSIFICATION THAT'S ON THE TOP.
AND THEN THE OCCUPANCY CLASSIFICATION IS SIMPLY S1 STORAGE, MODERATE HAZARD.
THAT IS THE HEALTH SAFETY BUILDING CODE PERSPECTIVE.
SO I THINK WE ARE COVERED WITH THAT.
SO YES, THE, BUT I THINK THE INTENTION WAS ALWAYS TO PROVIDE MORE INFORMATION - RIGHT.
FOR THE CODE ENFORCEMENT OFFICERS.
AND I'M NOT SURE WHICH PART OF IT HAS CAUSED CONFUSION.
UM, SO THAT WOULD BE HELPFUL TO UNDERSTAND FROM THE COMMITTEE.
UM, AND THEN KIND OF GENERALLY SPEAKING, THIS IS JUST LIKE AN EXAMPLE OF OTHER THINGS.
UH, CONTRACTOR'S OFFICE WAREHOUSE, INDOORS ONLY AND IT'S SAYING OUTDOOR STORAGE PROHIBITED.
SAME THING, IT JUST COMES FROM ADDITIONAL GDC, UM, REQUIREMENTS.
BUT REGARDLESS, EVEN IF IT DOESN'T SAY THAT, EVEN IF IT JUST SAYS CONTRACTOR'S OFFICE WAREHOUSE INDOORS, THAT'S THE USE FROM THE LAND USE CHART.
EVERY STANDARD OR EVERYTHING, EVERY DEFINITION THAT APPLIES TO THAT USE, THEY'RE AUTOMATICALLY REQUIRED TO MAINTAIN THAT.
THIS IS JUST SO THAT THE CODE ENFORCEMENT OFFICER IS MORE HELPED FROM THE - MORE INFORMED.
FROM THE GET GO MORE INFORMED.
AND I THINK IT'S A LITTLE DIFFERENT FROM THE OTHER CITIES THAT, UM, I'VE LOOKED INTO.
BUT ALSO, UM, MY ASSUMPTION IS THEY'RE NOT AS PRONE TO THESE ISSUES, UH, OF OUTSIDE STORAGE OR PEOPLE JUST DOING MINOR REPAIR, REPAIRS WHERE THEY'RE NOT SUPPOSED TO.
SO YES, THESE ARE TECHNICALLY KIND OF SORT OF CORRECT.
IT HAS THE, UM, ARLINGTON'S DOESN'T, I THINK IT JUST HAS THE, UH, USE.
I COULDN'T SEE THE, UM, BUILDING CLASSIFICATION, BUT THE OTHER ONES HAS THE OCCUPANCY GROUP A3, BUT THEY ALSO HAVE THE LAND USE ASSEMBLY HALL.
BUT AGAIN, THEY DON'T TRY TO PUT IN MORE INFORMATION, BUT I THINK OBVIOUSLY THEY'RE IN A DIFFERENT BOAT THAN WE ARE BECAUSE WE'RE TACKLING A LOT OF RECURRING ISSUES.
OUR CODE ENFORCEMENT OFFICERS ARE TACKLING A LOT OF, UM, ISSUES.
THAT IS WHY I THINK IT STARTED TO - UH-HUH.
THE, THE PLANO CERTIFICATE OF OCCUPANCY ALMOST DIRECTLY MIRRORS WHAT YOU WOULD FIND IN THE BUILDING CODE.
AND WE'VE AMENDED OUR BUIL- BUILDING CODE TO TAKE OUT THINGS LIKE OCCUPANCY LOAD, THE OCCUPANCY GROUP, AND THAT IS SO THAT WE CAN FIT MORE OF THE LAND USE STUFF ONTO OUR CO.
SO JUST FOR REFERENCE, THE, THIS ISSUE WAS BROUGHT FORWARD BECAUSE, AND I THINK THAT THEIR PERMIT IS ON, ON HERE OR THEIR CO.M.
UM - I THINK IT'S THE ONE ON THE BACK.
AND I BELIEVE THIS IS IN, IS THIS IN DISTRICT ONE OR TWO? WAS IT TWO L? I THINK THAT'S IN DISTRICT TWO.
SO, UM, THIS AUTO CHOICE, UH, INITIALLY WAS A TIRE SHOP AND THEY DID TIRE REPAIR, ALL TIRE RELATED THINGS.
UM, THEY WERE STORING U-HAUL TRUCKS AND TRAILERS AND LEASING THEM OUT WITHOUT A CO FOR TRUCK AND TRAILER STORAGE.
UM, WHEN THEY WERE NOTIFIED, THEN THEY OBTAINED A NEW CO FOR AUTO SALES WITH MINOR AUTO REPAIR.
AND NOW IT'S A DEAL, AN AUTO DEALERSHIP WITH SOME, WITH A TIRE SHOP ON IT, BASICALLY.
UM, SO THAT'S, UH, UH, QUOTE UNQUOTE, FULL-BLOWN AUTO DEALERSHIP NOW
UM, SO I THINK THAT'S WHERE THIS KIND OF CAME OUT WAS HOW, HOW DOES A TIRE SHOP TURN INTO AN AUTO DEALERSHIP WITH MINOR AUTO REPAIR ADDED IN THERE WHEN ITS INITIAL USE IS ACTUALLY A TIRE SHOP? SO THAT'S, THAT'S WHY THIS WAS PUT FORWARD.
[00:55:01]
UM, I THINK THAT WE SHOULD COME BACK ON THIS AND POSTPONE IT, ESPECIALLY NOW THAT WE'RE WORKING ON THE GDC, UM, TO, ONE, MAKE SURE THAT THESE ARE, UH, THESE AUTO USES ARE IN LINE WITH OUR NEW, UH, WELL, WHAT WILL MOST ASSUREDLY BE ADOPTED COMPREHENSIVE PLAN.UM, AND ALSO, UH, FOR YOU GUYS TO HAVE THE TIME TO DO SOME SCOPING WITH DEPUTY MAYOR PRO TIM DUTTON.
SO WOULD YOU WANT US, UH, WANT FOR US TO REACH OUT TO HER AND GET SOME PERSPECTIVES FROM HER BEFORE WE...
AND THEN, AND THEN MAYBE THAT WILL HELP WHAT YOU GUYS ARE TRYING TO DO.
BECAUSE I, I DON'T, I DON'T KNOW THAT THERE'S ANYTHING FOR US TO TAKE ACTION ON HERE.
SO, UM, IF THERE IS, THEN, UM, I THINK THAT WOULD COME THROUGH A LITTLE SCOPING WITH HER.
AND THEN ALSO, YOU CAN BRING IN SOME ISSUES YOU'RE DEALING WITH IN THE GDC AND WE CAN ATTACK BOTH OF THEM AT THE SAME TIME.
AND I AGREE, IT IS NOT AN ISSUE OF WHAT'S ON THE CERTIFICATE OF OCCUPANCY.
IT'S A BIGGER ISSUE OF HOW - WHAT'S, WHAT'S ALLOWED.
WHAT HOW DID THAT USE END UP BEING IN THERE? EXACTLY.
NOW, WE CAN REACH OUT TO HER AND, UH, WE CAN GO FROM THERE.
SO, UM, ITEM FOUR IS 501 AND WE ARE ADJOURNED.