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WELCOME TO OUR NOVEMBER 4TH WORK SESSION, BETH, WE APPRECIATE YOU BEING HERE AS ALWAYS, WE WILL START AND DIVE RIGHT IN WITH OUR CONSENT AGENDA ITEMS. ITEM NUMBER EIGHT IS TO CONSIDER AUTHORIZING THE CITY MANAGERS INTO AN AGREEMENT WITH CORE PAY TECHNOLOGIES DOING BUSINESS AS, CREDIT CARD. FOR FIELD PURCHASES NOT TO EXCEED $200,000 ANNUALLY, ANY QUESTIONS ON THIS? OKAY, NUMBER NINE IS CONSIDER A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE CONTRACT WITH AXON ENTERPRISE INC. FOR BODY CAMERAS, TASERS AND SOFTWARE LICENSING SERVICES INCREASING THE ANNUAL EXPENDITURE TO AN AMOUNT NOT TO EXCEED 639,000 DOLLARS, FOR A REVISED CONTRACT NOT TO EXCEED CONTINUING TO ROLL IT OUT. WE'VE HAD GOOD TRANSPARENCY ON THAT, ANY QUESTIONS? ALL RIGHT, NUMBER 10, CONSIDER AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH PRECISION DELTA CO-OP OR CORPORATION, THROUGH A PURCHASING CO-OP, AND THE AMOUNT NOT TO EXCEED 66,008 70 AND $.34. NUMBER 11, CONSIDER A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE CONTRACT AMENDMENT NUMBER TWO WITH HELP ASSOCIATION FOR ENGINEERING SERVICES RELATED TO A SITE DEVELOPMENT FEASIBILITY STUDY FOR A TOTAL OF $632,000, RELATED TO DISTRICT 35E. MY DAUGHTER NO LONGER WORKS AT HELP SO I'M ABLE TO BE HERE. ANY QUESTIONS?
>> WHAT DOES THE $72,000, I GOT CURIOUS ABOUT THAT.
>> IT REQUIRED EXTRA STUDY ON SITE, ONE WAS THE TIA NEEDED TO BE REVISED SINCE IT GOT CHANGED IN DOING WORK ON THE SITE ACROSS THE INTERSTATE, WHAT WAS THAT ONE, I'M SORRY.
>> MODIFICATIONS, THE TIA GOT ALTERED, WE ASKED FOR SOME SURVEY WORK TO BE DONE ON THE TC RISE PROPERTY BASED UPON THE EASEMENT WE FOUND AND THAT'S PURELY FOR INFORMATION AS FAR AS ACCESS ACROSS THE DART LINES, SO ORIGINALLY, THERE WERE SOME STUDIES BEING DONE, SO WE WERE LOOKING TO GET GEOTECH OUT THERE, AND WE DIDN'T THINK WE HAD ACCESS AND WE FOUND AN OLD SURVEY SO WE WERE TRYING TO GET A SURVEY DONE. THAT WAS PART OF IT, THE TREE PRESERVATION WAS A DIFFERENT CHANGE ORDER THAT WAS DONE, THAT WAS AS WE WERE DOING GEOTECH OUT ON THE SITE, WE KNEW THE TREES WERE OUT THERE, ANY TREES THAT MIGHT HAVE TO COME DOWN, MAKE SURE THEY WEREN'T PROTECTED, SO WE WERE DOING OUR DUE DILIGENCE AS PART OF THE STUDY, THERE WAS A HYDRAULIC WORK BEING DONE BASED ON DIFFERENT OPTIONS THAT WERE PRESENTED, THE CONTRACT PROVIDED FOR TWO, THEY DID TWO ADDITIONAL, AND WE ASKED FOR TWO MORE. THIS COVERS ALL OF THAT.
>> JOHN, THIS IS LAST WEEK OR LAST MEETING WE HEARD FROM ROBBIE SHAW ON THE PROJECT OVERALL, AND SOME OF THE PENDING STUDIES THAT WERE NOT YET IN HAND BUT WE WANTED TO COMPLETE,
>> WE TALKED EARLIER, THEY WOULD HAVE SOME OF THAT PENDING STUFF THAT WOULD BE IN HAND TOMORROW FOR US TO TURN OVER, AND THIS WOULD ALSO HELP FINALIZE JUST THE FINAL TOUCHES.
>> SO, THE CONTRACT AMENDMENT THAT WE ARE APPROVING TODAY IS FOR A REVISION FOR JUST TWO CONTRACTORS.
>> SO WE DID ADDITIONAL OPTIONS AND THAT'S PART OF IT. THERE'S ALSO THE ADDITIONAL TIA WORK THE ADDITIONAL SURVEY WORK, THE TREE
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PRESERVATION WAS THE FIRST AMENDMENT THAT WE DID.>> DOES THIS AMENDMENT ALSO EXTEND THE EXPECTED COMPLETION
TIME? >> THE EXPECTED COMPLETION IS A LITTLE LESS THAN A MONTH, TO BE COMPLETELY FINALIZED, THE OTHER STUFF WE ARE EXPECTING TOMORROW.
>> NO OTHER QUESTIONS. LET'S MOVE ON TO NUMBER 12.
>> ACTUALLY, 12 TO 16 ARE ALL PUBLIC HEARING ITEMS UNLESS THERE'S ANY TECHNICAL QUESTIONS FOR STAFF, OKAY, SEEING NONE LET'S GO BACK TO OUR WORK SESSION ITEMS, THE FIRST IS ON HILL, THE RECONSTRUCTION PROJECT.
>> JONATHAN OUI, DIRECTOR OF ENGINEERING, DENY, WE ARE PROVIDING A DISCUSSION AND BRIEFING ON AN UPDATE ON THE HILL RECONSTRUCTION PROJECT . WE TALKED ABOUT THE HISTORY OF THE WHOLE PROJECT, SOME OF THE CHALLENGES AND WE ARE SEEKING GUIDANCE ON TWO DIFFERENT OPTIONS, SO WE NEED A THUMBS UP ON ONE OR THE OTHER. AS YOU LIKELY KNOW, THIS PROJECT HAS BEEN IN THE WORKS FOR A WHILE, THERE ARE SOME CHALLENGES, THE DESIGN STARTED 2018, THAT'S WHEN COUNSEL APPROVED IT IT WAS OFF OF THREE DIFFERENT CONTRACTS, THERE WERE THREE DIFFERENT DESIGN FIRMS IN THE NEIGHBORHOOD. ORIGINALLY IT WAS ALLIE'S, THERE WAS A PHASE 1 AND A PHASE 2 ALL THREE DIFFERENT DESIGN FIRMS BUT AS WE GET INTO DESIGN, THERE WAS A LOT OF ISSUES THAT WE CAME ACROSS WHICH WE WILL TALK ABOUT LATER.
THAT REQUIRED PIECING AGAIN THE PROJECT, WITH SHUFFLING AROUND WE WERE ABLE TO COMPLETE PHASE 1 IN MAY OF 2024 AND PHASE 2, SOME OF THE CHALLENGES WE'VE BEEN PUSHING THROUGH IN NOTIFYING THE RESIDENCE, WE PROVIDED AN INITIAL NOTICES WITH RESIDENTS, WE'VE GOT SOME ENCROACHMENT ISSUES THAT WE HAVE NOT HAD
RESPONSES TO. >> SO I'M CONFUSED, SO ALLEYS IS A PROJECT ON ITS OWN AND PHASE 1 IS THE STREETS? AND
PHASE 2 IS MORE STREETS? >> FOR STREETS AND ONE ALLEY.
THE REASON IS BECAUSE ALL OF THESE HAVE CHALLENGING RETAINING
WALLS. >> IS THERE A COLORED CODE .
>> GREEN IS WHAT IS COMPLETED AND THE RED IS WHAT WE HAVE
>> SOME OF THE CHALLENGES, THERE WERE SIGNIFICANT ELEVATION CHANGES, THERE'S A LOT OF CURRENT ACCESSIBILITY PROBLEMS THAT WE WILL HAVE TO ADDRESS, ADA REQUIREMENTS AND WE SPENT OVER $50,000, YOU HAVE TO BRING THINGS UP TO CODE. AND RETAINING WALLS ARE THE BIG CHALLENGES. SO WE WILL WALK THROUGH ON THE RETAINING WALLS, ON THE SECTION, THIS IS AN OLD PHOTO OF A RETAINING WALL THAT HAD PREVIOUSLY COLLAPSED IN ONE OF THE ALLEYS. YOU KNOW THERE'S 32 DIFFERENT RETAINING WALLS AS I MENTIONED, 20 THAT WE STILL HAVE OUTSTANDING, ENCROACHMENT ISSUES, FROM A STANDPOINT OF WHAT WAS MAILED OUT, THESE WALLS ARE VERY VARYING IN AGES AND CONDITIONS. I WILL KIND OF GO THROUGH SOME EXAMPLES OF ALL OF THE RETAINING WALLS, SO YOU GET A FEEL FOR THEM, IT'S NOT EVERYTHING IN THE NEIGHBORHOOD
BUT THERE QUITE A FEW. >> THAT'S A GAS LINE THAT
STRADDLES THE TIMBERS? >> THERE'S A GAS METER.
>> SO HERE'S ONE, THIS IS A GOOD ONE, THIS IS A WALL THAT WE ARE NOT REALLY CONCERNED ABOUT, THAT'S RIGHT AT THE RIGHT-OF-WAY LINE. SO IT LOOKS TO BE IN GOOD CONDITION .
EXAMPLE OF WHAT A GOOD ONE IN THE NEIGHBORHOOD IS.
>> THIS IS GOOD. >> WE LIKE TO SEE THIS ONE.
ANOTHER ONE, THIS ONE DOES HAVE RIGHT OF WAY ENCROACHMENT BUT FROM A CONSTRUCTION STANDPOINT IT LOOKS TO BE WELL CONSTRUCTED.
>> JUST FROM A RIGHT-OF-WAY ENCROACHMENT STANDPOINT, WHAT WE ARE TALKING ABOUT ON THIS, IT SHOULD BE ABOUT 5 TO 6 FEET BEHIND THAT, YOU SHOULD NEVER HAVE A RETAINING WALL AGAINST
OUR SIDEWALK. >> SO THIS ONE LOOKS GOOD BUT
DON'T BE FOOLED. >> IT'S STILL ENCROACHING IN
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THE RIGHT-OF-WAY. THERE'S STILL, THE RIGHT-OF-WAY IS BEHIND IT.MULTIPLE OF THESE WILL BE WITHIN OUR RIGHT-OF-WAY.
>> THE CHALLENGES IF YOU REMOVE THE SIDEWALK, THEN WHAT IS
HOLDING UP THAT RETAINING WALL? >> WHAT HAPPENS, DO WE SUDDENLY, DOES OUR REPAIR POTENTIALLY CAUSE DAMAGE TO IT?
>> WHEN I'VE SEEN A LOT OF IS OVERTIME, PEOPLE TAKE THE RETAINING WALLS AND PUT A FACE ON THEM, SO YOU NEVER KNOW. AND THAT'S WHAT CAUSES SOME OF THE ENCROACHMENT ALSO.
>> AGAIN, THIS IS ANOTHER ONE, WELL THERE IS SOME DAMAGE, IT IS BACK AT THE RIGHT-OF-WAY LINE, SO AGAIN, YOU CAN SEE THE RIGHT-OF-WAY LINE IS BEHIND THE SIDEWALK. SO WE DON'T CARE, DAMAGE IS THEIR RESPONSIBILITY. WHAT ABOUT THE BRICK BORDER, IS
THAT A CONCERN? >> THAT IS BUT WE DON'T THINK THAT'S STRUCTURAL OR ANYTHING. AGAIN, THIS IS IN THE ALLEY, THESE ARE TOWARDS THE RIGHT-OF-WAY LINE, THESE ARE IN THE ALLEY, JUST EXAMPLES OF SOME OF THE CHALLENGES THAT WE'VE GOT. THIS IS ONE OF THE FIRST ONES, IT'S MORE OF A CHALLENGE, IT'S WITHIN THE RIGHT-OF-WAY, OBVIOUSLY THE STREET INSIDE, WE DON'T KNOW HOW LONG IT WAS CONSTRUCTED, THIS IS ONE THAT WE WOULD HAVE TO HAVE SOME CONVERSATIONS WITH, AND YOU CAN
KIND OF SEE ON THE RIGHT AWAY. >> THAT'S TIMBER?
>> WHAT'S THE RIGHT-OF-WAY, THE RIGHT-OF-WAY IS APPROXIMATELY, IT'S NOT QUITE TO THE SECOND TIER OF THE FENCE, PROBABLY FOUR
OR FIVE FEET BEHIND IT. >> IS THAT STANDARD, 4 TO 5
FEET? >> IT IS IN THIS NEIGHBORHOOD, WE ARE SEEING 3 TO 5 FEET, THAT'S THE RIGHT-OF-WAY LINE, AND I'VE GOT AN EXAMPLE OF THAT COMING UP. I DIDN'T INCLUDE ALL OF THE PLANS BUT WE HAVE HIGHLIGHTED JUST THE CHALLENGE THAT WE WERE FACING. AGAIN, ANOTHER ONE, WHERE THE FRONT IS UP AGAINST THE SIDEWALK AS WELL, ON THE RIGHT-OF-WAY, SO ANOTHER ONE THAT WE ARE SEEING A CHALLENGE WITH.
>> WE ARE STARTING TO SEE TALLER WALLS.
>> I HAVE A QUESTION, WHEN SOMEBODY FILES FOR A RETAINING WALL CONSTRUCTION PERMIT, RIGHT, ASSUMING THEY FILED HER ONE.
TAKE THIS ONE AS AN EXAMPLE, WE DON'T KNOW WHETHER THEY DID OR NOT, AS WE SIT HERE., THEIR PLOT WOULD SHOW THE EASEMENT AND IT WOULD ALSO, THE PERMIT OFFICE WOULD LOOK AT THAT, IS THAT
RIGHT? >> ONE OF THE IMPORTANT THINGS TO REMEMBER IS BELOW FOUR FEET DOES NOT REQUIRE A PERMIT. WE ARE WORKING WITH , THEY ARE TRYING TO COME UP WITH PLANS TO KIND OF HELP THAT, SO WE CAN GET MORE EDUCATION OUT THERE.
HOWEVER, CURRENTLY, NO PERMIT IS REQUIRED FOR ANYTHING BELOW FOUR FEET. WE MIGHT HIT FOUR FEET ON THE SITE, BUT WE ALSO DON'T KNOW IF THEY FILED FOR A PERMIT. A LOT OF PEOPLE DON'T FILE FOR
PERMITS. >> I DON'T HAVE THE EXACT LIST BUT THEY WOULDN'T HAVE LIKELY DONE ONE, I BELIEVE THIS ONE, THEY JUST REDID THE SITE. BUT AGAIN,
>> HOW ABOUT THE SIDEWALKS? >> 3 TO 4 FEET, THEY ARE QUITE NARROW TO THIS AREA. IT'S A VERY NARROW AREA.
>> ONE RESIDENT ASKED ME ONE TIME, THE SEAL THAT HER WALL HAD BEEN CONSTRUCTED, IS THAT SOMETHING WE ASK FOR?
>> THAT IS SOMETHING WE ASK FOR. OUR INSPECTION DEPARTMENT WOULD DO THAT, THEY DO ASK FOR THAT, ANYTHING ABOVE FOUR FEET, AGAIN, THE FOUR FEET IS AN IMPORTANT THING. THAT IS REQUIRED. IT'S SIGNED AND SEALED BY A PROFESSIONAL ENGINEER. THIS IS ANOTHER ONE, THIS IS AN OLDER ONE. IT IS WELL WITHIN THE RIGHT-OF-WAY UP THE HILL ABOUT FOUR FEET. SO ANOTHER ONE WE WILL HAVE TO WORK THROUGH. SO SOME OF THESE NEW ONES, THE RIGHT-OF-WAY LINE IS ACTUALLY FURTHER THAN THE FOUR FEET BECAUSE IT'S APPROACHING THE SECOND TIER. SOME OF THESE HIGHER TEARS, THAT'S WHERE THE RIGHT-OF-WAY LINE IS. SO WE ARE STARTING TO GET INTO THESE MORE CHALLENGING AREAS THROUGHOUT THE PROJECT. AGAIN, THIS ONE WE DON'T KNOW WHAT IS UNDER, WHERE
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THEY BUILT THE SLOPE CONCRETE , WHEN WE PULL THE SIDEWALK OUT, WE DON'T KNOW WHAT WILL HAPPEN. AGAIN, RIGHT UP AGAINST THE RIGHT-OF-WAY AND IT'S AN OLDER WALL WITH A LOT OF CRACKS. SO THIS IS THE STONE FACIAL TREATMENT, BEHIND IT ON THE FAR EAST SIDE WHERE IT'S DAMAGED, IT IS, RAILROAD TIES BEHIND IT, YOU CAN SEE THE CHALLENGES WITH THE SIDEWALK BUCKLING. THERE'S A LOT OF FEAR WITH PULLING THAT OUT, WHAT COULD HAPPEN.NEXT-DOOR NEIGHBOR, YOU CAN SEE THE SIDEWALK IS ACTUALLY SUNK FROM THE RETAINING WALL ON THE BACKSIDE OF IT AND AGAIN, CLEARLY WELL WITHIN THE RIGHT-OF-WAY LINE. THAT RUNS ABOUT THE SECOND TIER ON THESE HOMES.
>> JONATHAN, THERE ARE SOME NEIGHBORHOODS THAT WEREN'T % BUILT WITH SIDEWALKS. THIS NEIGHBORHOOD HAD SIDEWALKS FROM
DAY ONE. >> YES, THESE HAVE BEEN THERE THE ENTIRE TIME, SO IT'S AN OLDER NEIGHBORHOOD. SO AGAIN, JUST ANOTHER RETAINING WALL, RIGHT NEXT TO IT. OBVIOUSLY, RAILROAD TIES COMING DOWN. AND THE FINAL ONE WHICH IS PROBABLY THE MOST CHALLENGING ONE WE ARE LOOKING AT, YOU CAN SEE THE STONE BLOCK TRYING TO HOLD UP THE REST OF THE RETAINING WALL.
BUT THIS IS JUST AN EXAMPLE OF WHAT WE ARE LOOKING AT. I DIDN'T HIT ALL OF THEM. BUT THIS HIGHLIGHTS THE RIGHT-OF-WAY CHALLENGES, AND JUST AS AN EXAMPLE, THE RED IS THE RIGHT-OF-WAY LINE AND THE GREEN ARE ALL THE WALLS THAT WE'VE GOT. YOU CAN SEE THE SECOND TEARS ARE WELL WITHIN OUR RIGHT-OF-WAY ON THESE PLANS , ON BOTH SIDES OF THE STREET SO IT'S NOT JUST LIKE WE CAN MOVE THE STREET OVER. THERE'S A LOT OF ADA ISSUES WITH THE SIDEWALKS AND THE MAILBOXES. SO, THIS IS WHY THIS PIECE HAS BEEN TAKING US A WHILE. THIS IS ALL THROUGHOUT THE NEIGHBORHOOD IN CERTAIN SECTIONS, AS FAR AS OPTIONS THAT WE ARE LOOKING AT, WE REALLY HAVE TWO OPTIONS, OPTION ONE, ESSENTIALLY JUST TRY TO DO IT LATER WE HAVE ADA COMPLIANCE CONCERNS BECAUSE ONCE YOU HAVE THAT $50,000 THRESHOLD YOU NEED TO BRING IT UP TO ADA STANDARDS SO OUR CONCERN IS WHETHER OR NOT WE CAN MAKE THAT HAPPEN. BUT AGAIN, YOU HAVE TO FIX THE STREETS AT SOME POINT IN TIME. SO ALL WE ARE DOING IS PROLONGING THE ISSUE. OPTION TWO, IS PROVIDING A SIX-MONTH NOTICE TO ALL RESIDENTS WITH WALLS, TO LET THEM KNOW THEY'VE GOT SIX MONTHS TO ESSENTIALLY MAKE THEIR WALLS STRUCTURALLY SOUND, OR RELOCATE IT OUTSIDE THAT LINE. AND THIS IS HIGHLIGHTING THESE AREAS, YOU KNOW, THIS IS WHERE WE HAVE
THOSE WALLS. >> HOW MANY ARE THERE?
>> THERE ARE 32 TOTAL WALLS THAT WE ARE DEALING WITH --
>> I THOUGHT THERE WERE 29 OF THESE. A COUPLE OTHER ONES HAVE LAWS THAT WE ARE NOT CONCERNED ABOUT. WE DID NOT HIGHLIGHT THEM IN THE SECTION. THEY ARE HIT AND MISS. THEY MIGHT HAVE A WALL THAT IS PERPENDICULAR. SO THOSE ARE A LOT EASIER TO DEAL WITH THAN THESE ONES THAT ARE STRAIGHT ON AT THE SIDEWALKS.
>> SO AGAIN, JUST SO I UNDERSTAND AND COUNSEL UNDERSTANDS, OPTION ONE, SKIPPING IT, WOULD MEAN THAT FIRST STREET ON THE BOTTOM THERE.
>> SO YOU'VE GOT GOLD RUSH AND THE ALLEY, AND WE'D MISS A BIG PORTION OF THE CANYON. WE BE ABLE TO RECONSTRUCT GOLD RUSH, WE WOULD SKIP SAUSALITO, DO A GOOD PORTION OF TURTLE ROCK AND STAINED-GLASS WHICH IS ONE OF THE ONES WHERE WE SAW THE
SIDEWALKS. >> OPTION TWO IS JUST PROVIDE THEM SIX MONTHS NOTICE AND THEN WHAT HAPPENS?
>> IN SIX MONTHS, WE LET THEM KNOW HEY, THIS IS YOUR RESPONSIBILITY TO MAKE THESE WALLS STRUCTURALLY SOUND, WE RECOMMEND GETTING A PROFESSIONAL ENGINEER. MOST OF THESE WOULD REQUIRE A PERMIT. SO WE WOULD MAKE THAT RECOMMENDATION THAT THEY DO THAT AND LET THEM KNOW THAT WE ARE COMING TO CONSTRUCT, SO IF A WALL WERE TO COLLAPSE, WE WOULD WANT TO LAY IT BACK AS BEST AS POSSIBLE AND CONTINUE THE CONSTRUCTION. WE'VE MET
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WITH THE GEOTECH AND DIVINE -- DESIGN FIRMS. WE ARE DOING EVERYTHING IN OUR POWER TO REDUCE THE CHALLENGES. SO WE MIGHT GO PANEL BY PANEL, BACK AND FORTH, ALL OF THE UNDERGROUND STUFF, WE ARE PLANNING ON BORING TO INSTALL AND SET OF OPEN CUTTING. IT NEEDS TO BE REPLACED.>> JONATHAN, CAN YOU GIVE US A RECAP OF WHAT YOU HAVE COMMUNICATED WITH THE STREETS SO FAR?
>> WE PROVIDED, SO INITIALLY WE SET UP THIS GENERAL, HEY, FYI, YOU'VE GOT A RIGHT-OF-WAY ENCROACHMENT, IT'S WITHIN THE CITY'S RIGHT-OF-WAY. WE ARE GOING TO SEND A FOLLOW-UP LETTER BUT WE JUST WANT TO GET THAT NOTICE OUT OF THERE. AND WE DID THIS IN PHASE 1 WITH PROPERTIES BUT THEY WERE SIGNIFICANTLY LOWER RISK. AND THEN THE NEXT THING WE SENT OUT WAS A NOTICE OF RIGHT-OF-WAY ENCROACHMENT WITH OPTIONS, POTENTIAL OPTIONS THEY COULD TAKE, AND WE HEARD BACK FROM SOME, WE DIDN'T HEAR BACK FROM 20 OF THEM SO WE SENT CERTIFIED LETTERS, JUST TO MAKE SURE THAT SOMEONE WAS RECEIVING THEM, BECAUSE, SOMETIMES PEOPLE DON'T CHECK THEIR MAIL BUT LIKE ONCE A MONTH OR EVERY NOW AND THEN OR THEY DON'T GO THROUGH THEIR FRONT DOOR, THEY ONLY GO THROUGH THE ALLEY, THEN WE DID A DOORKNOCKING CAMPAIGN, SO WE WENT AROUND THE NEIGHBORHOOD KNOCKING TO SEE WHO WE COULD TALK TO. WE ALSO REACHED OUT TO THE ACCOUNT NUMBERS FROM WATER, SO WE CALL PEOPLE AND WE SENT ANOTHER ROUND OF LETTERS AS WELL. WE HAD A LOT OF THEM. WE HAD PRECONSTRUCTION NEIGHBORHOOD MEETING, WE INVITED PEOPLE TO COME AND TALK TO US SO THAT WAY THEY COULD KIND OF KNOW WHAT THEY WOULD SEE WITH PHASE 2, SO WE'VE DONE A SIGNIFICANTLY LARGE AMOUNT OF OUTREACH.
>> DID YOU ALSO GIVE THEM THE OPPORTUNITY TO LIKE SIGN OFF APPROVAL FOR US TO GO AHEAD AND CONSTRUCT IT?
>> PART OF THE ENCROACHMENT, ONE OF THE OPTIONS WAS FOR THEM TO SIGN OFF AND SAY WE ARE GOOD WITH YOU COMING IN AND CONSTRUCTING . ESSENTIALLY SAYING WE KNOW IT'S OUR ROLE AND RESPONSIBILITY, AND WE ARE OKAY WITH YOU JUST COMING ALONG AND CONSTRUCTING. AND 20 OF THOSE NEVER CAME BACK.
>> 20 OF THESE 30 NEVER CAME BACK? WHAT ABOUT CODE ENFORCEMENT, IS THIS A CODE VIOLATION?
>> SO, THERE ARE SOME THAT ARE IN DISREPAIR THAT I THINK WOULD
GO TOWARDS CODE ENFORCEMENT -- >> I MEAN, WHAT IF SOMEBODY BUTTS A GREEN SPACE AND THEY EXTEND THEIR YARD INTO A GREEN SPACE, THAT'S A CODE ENFORCEMENT, WE HAVE BEEN FORCED THAT, ISN'T THAT THE SAME THING?
>> A LOT OF THESE WALLS WERE ORIGINAL, THEY WERE BUILT WITH THE HOUSE AT THAT TIME. THAT'S AN OPTION, WE CAN GIVE THEM A NOTICE AND FORCE THEM TO RELOCATE THEIR WALLS OUTSIDE OF THE RIGHT-OF-WAY. THAT MIGHT BE ONE OF THE OPTIONS IN THE LETTER, YOU HAVE SIX MONTHS TO SHOW THAT THE WALL IS STRUCTURALLY SOUND OR YOU CAN RELOCATE IT OUT OF THE
>> IF THEY COME IN FOR A PERMIT, WE WON'T ISSUE A PERMIT FOR THEM TO RECONSTRUCT THE WALL INSIDE OF THE RIGHT-OF-WAY. AND DEVELOPMENT SERVICES IS WORKING ON AN ORDINANCE CHANGE THAT WOULD WIRE ANY WALLS THAT ARE ADJACENT TO THE RIGHT-OF-WAY TO HAVE A PERMIT, AND THAT IS TO HELP THE HOMEOWNER, TOO, WHEN THEY HIRE A CONTRACTOR TO DO THAT WORK, THE CONTRACTOR HAS TO COME IN, GET A PERMIT, SHOW IT'S NOT IN THE RIGHT-OF-WAY AND RECONSTRUCTED. -- RECONSTRUCT IT.
>> ADA QUESTIONS, I SAW A MAILBOX IN THE SIDEWALK WITH THE WALL . HOW ARE YOU GOING TO HANDLE THAT?
>> SO THAT ONE, WE'VE GONE THROUGH THE DESIGN PROCESS --
>> IS IT ONLY ONE? >> THERE'S A FEW OF THEM BUT THAT AREA, ONE OF OUR RECOMMENDATIONS IS TO RELOCATE THE MAILBOXES. WE'VE TRIED LOOKING TO THE RIGHT A FOOT. EVERY AREA IS UNIQUE IN HOW WE CAN ADDRESS IT BUT WE ARE KEEPING THAT IN MIND .
>> WE ARE REQUIRED NOW, WHEN WE GO AND DO THIS CONSTRUCTION TO ALLOW SPACE THAT IT IS ADA ACCESSIBLE AND IF YOU GO BACK TO THE ORIGINAL PICTURE, YOU WILL SEE THERE IS THE MAILBOX AND THEN THE WALL AND THEN THERE'S A FOOT.
>> SO YOU HAVE GIVEN US OPTION ONE, WHICH IS TO SKIP THE PROBLEMS ALTOGETHER WHICH MEANS YOU AND THEN REDIRECT ALL OF THE EFFORT THAT WAS GOING TO GO IN OPTION TWO, WHERE?
>> SO COME ALL THE EFFORT THAT WOULD GO INTO OPTION TWO AS FAR
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AS CONSTRUCTION? >> IF WE WENT WITH OPTION ONE,
TO SKIP IT. >> WE WOULD JUST, DO WHAT WE COULD AND WE WOULD MOVE ONTO THE NEXT PROJECT.
>> YOU ARE GOING TO KICK THE CAN DOWN THE ROAD AND IT DOESN'T RESOLVE THE PROBLEM, DOESN'T RESOLVE THE ADA. POTENTIALLY, WE FIND OURSELVES IN AN EMERGENCY REPAIR REQUIREMENT THAT THE WALL IS NOW A HINDRANCE TO OUR ABILITY TO DO OUR STREET REPAIRS, IF THE STREET IS SUDDENLY IN NEED. A SEWAGE LINE OR ANYTHING LIKE THAT. WHEREAS, THE PHASE IS BASICALLY DO THE STREET BUT WE ALWAYS DEAL WITH ALL OF THE INFRASTRUCTURE.
>> THIS IS RELOCATING ZERO LINES AND WATER LINES, AND REPLACING
THE STREET. >> OPTION ONE, IT'S AN OPTION
>> WE SHOULDN'T JUST KICK THE CAN DOWN THE ROAD AND LEAVE IT TO THE FUTURE COUNSEL TO DEAL WITH. WE'VE GOT TO FIGURE OUT A PATH FORWARD, FOR WHAT WE NEED TO DO, YOU KNOW, BUT WORK WITH THESE HOMEOWNERS TO MAKE SURE WE HAVE THEIR ATTENTION LOUD AND CLEAR TO ADDRESS THE SITUATION.
>> I'M NOT SAYING TO KICK IT DOWN THE ROAD, I'M JUST SAYING, THIS ISN'T THE ONLY NEIGHBORHOOD THAT NEEDS STREET
NEIGHBORHOOD. >> SO, IF WE NEED TO REDIRECT.
>> IS THIS BOND MONEY? >> THIS WOULD BE BOND MONEY.
>> ORIGINALLY WHAT WE DID, ON THE LETTER THAT SAID SIGNOFF, WE WERE TELLING THEM, WE ARE DOING BASIC, STANDARD STREET CONSTRUCTION AND SIDEWALK CONSTRUCTION, NO DIFFERENT THAN WE DO ANYWHERE ELSE IN THE COMMUNITY, AND BECAUSE YOU HAVE A RETAINING WALL THAT MAY BE IN DISREPAIR OR ENCROACHES ON THE RIGHT-OF-WAY OR BOTH, WE NEED YOU TO SIGN OFF AND ACKNOWLEDGE THAT WE ARE DOING STANDARD CONSTRUCTION AND THE LIABILITY IS ON YOU, AND 20 HAVEN'T RESPONDED, OR, THEY SAID NO, THEY DID RESPOND BUT THEY RESPONDED WITH NO, WE ARE NOT
GOING TO SIGN OFF ON THAT, SO >> DO WE KNOW HOW MANY?
>> IS IT TWO? >> OUR ORIGINAL THOUGHT WAS ONE OR TWO, AND WE ARE TAKING THIS PANEL BY PANEL, MAYBE WE WON'T DO THAT ONE, FOR RISK OF WHATEVER, BUT IF YOU GO BACK TO THAT MAP, ONE OF THOSE STREETS, BUT YOU GET SKIPPED BECAUSE YOU CAN'T TIE NEW CONCRETE INTO CRUMBLING CONCRETE. SO THAT WOULD LEAVE SOME PEOPLE THAT NEED STREET REPAIR, SIDEWALK REPAIR, SO THAT, THAT REALLY IS THE OPTION ONE OF IT, IF YOU DIDN'T SIGN OFF LIABILITY OR WHATEVER, BUT THAT IMPACTS A LOT OF PEOPLE THAT DON'T HAVE A CHALLENGING SITUATION HERE.
>> SO, CAN YOU REMIND ME OF THE AGE OF THE NEIGHBORHOOD AGAIN, IT WAS LIKE 70S, RIGHT? AND, THE DEVELOPER, KNOWINGLY PUT THOSE RETAINING WALLS WHEN THEY PUT THE HOME -- SO THEY WERE OUT OF COMPLIANCE WHEN THEY BUILT IT? WHICH MEANS, I DON'T KNOW.
>> I DON'T KNOW IF JONATHAN WAS BORN WHEN THAT HAPPENED.
>> I WAS. SO. >> THE QUESTION IS, DO THEY HAVE ANY RIGHTS? THE PUBLIC'S INTEREST IN THE RIGHT-OF-WAY --
>> SO THEY HAVE REALLY NO RECOURSE, THEN, AT ALL. THE DEVELOPER PARTS THE RETAINING WALL --
>> IT MAY HAVE BEEN INDIVIDUAL HOMEOWNERS. IT MAY NOT HAVE BEEN THE DEVELOPERS. THE INDIVIDUAL HOMEBUILDERS COME IN AND THEY
BUILD A WALL WITH THE -- >> IN THE 70S, THERE COULDN'T HAVE BEEN THAT MANY LIKE YOU ARE TALKING ABOUT, SYNTAX, FOX AND
JACOBS. >> THESE ARE CUSTOM HOMES.
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>> YEAH, I KNOW, YOU HAD A CUSTOM HOME DEVELOPER THAT PROBABLY DID THEM THOUGH, RIGHT, AT LEAST ORIGINALLY, I WOULD THINK. MY POINT WOULD BE , I JUST WANTED TO KNOW IF THERE WAS ANY KIND OF, I'M JUST TRYING TO BE ABLE TO THINK OF THE HOMEOWNER AND THE RECORDS THEY HAVE, IF THEY'RE GOING TO HAVE TO SPEND X AMOUNT OF MONEY TO MOVE THAT WALL.
>> THIS IS VERY EXPENSIVE. >> I'M A HOMEOWNER, I'M
COMPLETELY AWARE OF IT. >> IF YOU GO BACK TO THE ORIGINAL PHOTO, IF YOU RECALL, WE HAD ONE FALL IN AN ALLEY, 16 OR 17, I CAN'T REMEMBER, THAT ONE, IT JUST FELL INTO THE ALLEY, SO THAT ALLEY WAS BLOCKED FOR SIX MONTHS, BECAUSE WE CAN'T REPAIR IT, AND WE COULD CLEAR IT ENOUGH THAT IT WAS SORT OF PASSABLE BUT AT THE SAME TIME, MORE COULD FALL THROUGH.
>> THERE WAS A POOL RIGHT THERE. A SWIMMING POOL ON THE EDGE OF
>> MY NEXT QUESTION WOULD BE, BECAUSE OF THE AGE OF THE NEIGHBORHOOD, WAS THERE ANY KIND OF NOTICE SENT OUT FOR REDEVELOPMENT FOR THE CONSTRUCTION, SO I KNOW, IS IT
>> OPTION TWO, WE ARE NOT PROPOSING THEM TO MOVE THE WALLS RIGHT NOW. WE WANT TO TELL THEM, YOU HAVE A WALL HERE, WE ARE GOING TO RECONSTRUCT IT BASED ON STANDARD METHODS, YOU ARE RESPONSIBLE FOR THE STRUCTURAL INTEGRITY OF THE HOUSE. WE ARE NOT RESPONSIBLE FOR CONSTRUCTION, WE GIVE YOU SIX MONTHS TO MAKE SURE THAT YOUR WALL IS STRUCTURALLY SOUND.
>> THIS IS WHERE I'M TRYING TO GET TO AS WELL. YOU GO THROUGH, YOU FIX THE SIDEWALK, YOUR SIX-FOOT RETAINING WALL FALLS DOWN ON, WHATEVER YOU ARE RECONSTRUCTING, WHAT HAPPENS
THEN? >> WE WOULD SURE IT UP AS MUCH AS POSSIBLE AND CONTINUE THE CONSTRUCTION.
>> IF IT FELL ALL THE WAY INTO THE STREET, WE WOULD CLEAR THE BRICKS OUT OF THE RIGHT-OF-WAY LIKE WE DID HERE. I THINK IT WAS JODI'S TEAM THAT MOVED THEM AWAY SO THAT YOU COULD PASS
THROUGH. >> AND THEN YOU ARE GOING TO LEAVE IT LIKE THAT ? SO YOU WOULD SHOVEL THAT UP TO THE BEST OF THE ABILITY TO MAKE SURE THERE IS A RIGHT OF WAY, EVEN IF THE WALL IS STRAIGHT UP AGAINST THE SIDEWALK. AND THEN YOU ARE GOING TO DO THE BEST YOU CAN AND USE YOUR JUDGMENT, PUBLIC WORKS JUDGMENT TO SAY, THAT'S SAFE, AND KEEP MOVING ON?
>> THEN THEY WOULD HAVE TO GO TO THEIR HOMEOWNERS INSURANCE OR SOMETHING TO BE ABLE TO REPAIR THAT WALL. JUST LIKE, IF IT WAS TO FALL TODAY, ANYONE OF THESE WALLS, THEY CAN FALL TODAY, THEY ARE RESPONSIBLE FOR MAINTAINING THOSE WALLS.
>> OKAY. >> GOING BACK TO THE STREET COST. SO, WHAT IS THE LIFE, IF WE RECONSTRUCT IT AND PUT IN NEW CONCRETE THROUGH ALL THE STREETS AND SIDEWALKS IN THE NEIGHBORHOOD, WHAT LIFE EXPECTANCY OF THE ROADS DO WE HAVE CONSIDERING ALL OF OUR SOIL IS JUST SHIFTING?
>> THE STANDARD DESIGN, IT'S A 40 YEAR DESIGN , SO OUR PUBLIC WORKS DEPARTMENT COMES OUT AND MAINTAINS IT AND WE BELIEVE IT EXTENDS IT CLOSER TO THE 50 OR 60 YEAR MARK. SO WE ARE TRYING TO COME UP WITH NEW THINGS TO GET THAT LIFETIME FURTHER BUT YEAH, IT'S A CONTINUOUS, STREETS ARE ALWAYS GOING TO NEED TO BE REPLACED EVENTUALLY. AND IN 40 OR 60 YEARS, WHATEVER YOUR TIME ZONE IS, THERE WILL BE A LOT OF, THE FIRST 10 YEARS ARE GREAT, SECOND 10 YEARS YOU START TO DEVELOP CRACKS AND THEN IN THE NEXT 10 YEARS YOU ARE DEALING WITH REPLACEMENTS AND BROKEN THINGS AND ALL OF THAT, I MEAN, IT'S NOT A CLEAN 40 TO 60
YEAR LIFE. >> BUT TO YOUR POINT, I THINK WHAT YOU ARE SAYING IS, IF YOU WERE TO SKIP IT WHICH I'M NOT SUGGESTING YOU DO BUT WITH THIS GO TO SOME OTHER PROJECT, BUT THIS IS VERY EXPENSIVE. EVEN THOUGH WE ARE USING STANDARD METHODS FOR WHAT WE MEAN BY THAT TO THE PUBLIC AS WE ARE USING STANDARD METHODS, WE ARE NOT BRINGING IN EQUIPMENT WE'VE NEVER USED, WE ARE USING MORE CARE THAN WE HAVE TO. ANYWHERE ELSE, HOW WOULD YOU, JODI JUST COME IN AND WIPE OUT THE STREET AND BUILD A NEW ONE, WE ARE LOOKING AT GOING PANEL BY PANEL LIGHT, TAKE THIS ONE OUT, FIX THIS ONE, TAKE THIS ONE OUT, FIX THIS ONE, TWO REALLY LIMIT ANY SHIFTING, SO MAKE NO MISTAKE,
[00:35:03]
THIS IS MORE EXPENSIVE THEN EVERY OTHER PROJECT THAT WE TYPICALLY DO BECAUSE OF THE CARE AND THE METICULOUS APPROACH.THIS PORTION HASN'T BEEN PAID YET, CORRECT? SO, EXPECT THAT COMPARED TO PHASE 1 AND PHASE 2, AND THOSE KINDS OF THINGS, IT'S JUST A DIFFERENT PROCESS, WE HAVE TO GO SO SLOW AND
METHODICALLY. SO. >> THEY HAVE TO PUT A LOT OF EFFORT INTO THEIR YARDS. WHAT I WONDER IS, AND CLOSING WHEN THEY PURCHASE THIS PROPERTY THAT HAS THIS WALL AND THE RIGHT-OF-WAY, ARE THEY TOLD THE WALL IS IN THE RIGHT-OF-WAY, A.B., MAYBE NOT, DO THEY UNDERSTAND. I AM UNDERSTANDING FROM THE CITY MANAGER THAT THE WATER AND WASTEWATER ARE PART OF THIS PROJECT, ALSO, SO I THINK THAT MAKES OPTION ONE A LITTLE MORE IFFY FOR THAT, AND I WOULD TELL YOU THE WATER AND WASTEWATER LOOKS A LOT LIKE THE ROAD. AND IT'S IMPORTANT THAT IT BE UPGRADED, ALSO, AND BY UPGRADING THAT, YOU ARE DIGGING DOWN, AND THAT'S IMPORTANT AND NECESSARY . AND I KNOW THERE'S OTHER STREETS LIKE THIS THAT HAVE BEEN DONE JUST TO THE EAST OF NOBHILL, THAT ARE JUST AS TRAGICALLY SCARY. I THINK THE APPROACH THAT THE STAFF WAS USING TO MEET WITH THE PROPERTY OWNERS, NOTIFY THEM, I DON'T KNOW IF SOMETIMES THERE ARE RENTALS OR THEY ARE TRYING TO CONNECT WITH THE PROPERTY OWNER, BUT I WOULD BE MOST CONFIDENT GOING WITH OPTION NUMBER TWO, AND GIVING THAT SIX MONTH NOTICE OF WHATEVER HAPPENS IS YOUR PROBLEM, NOT OURS AND YOU ARE IN THE RIGHT-OF-WAY AND YOU CANNOT BULLY US INTO NOT DOING THIS BECAUSE, IT'S KIND OF LIKE, I DON'T KNOW IF IT'S TECHNICALLY NOTICE.
>> IT'S NOT TECHNICALLY NOTICE BUT IT WILL IMPROVE HOW PEOPLE FEEL ABOUT THEIR HOMES BECAUSE RIGHT NOW, DRIVING OVER THERE IS LIKE BUMP BUMP BUMP, IT'S LIKE JALOPY, I DO NOT RECOMMEND FORCING PEOPLE THAT BOUGHT THEIR HOUSE NOT HAVING A CLUE AND KNOWING HOW EXPENSIVE IT IS AND HOW, BACK THEN THE STACKING OF THE FOUR FOOT WALLS WAS OKAY. A LOT OF THESE ROADS WERE BUILT, BY DEVELOPERS AND IT'S A DIFFERENT STANDARD THAN WHAT THE CITY IS USING NOW, SO THEY SHOULD LAST A LOT LONGER THAN WHAT THE DEVELOPERS PUT HERE, AND THE CITY MAY EVEN HAVE A LITTLE EXTRA STUFF THAT THEY PUT IN. SO, I JUST WORRY ABOUT MEETING THE ADA BUT IT SOUNDS LIKE THEY ARE WORKING ON THAT BUT RELOCATING THE WALLS OUTSIDE THE RIGHT-OF-WAY. I'VE ONLY DONE THAT WHEN IT'S ABSOLUTELY NECESSARY, YOU KNOW, AND I WILL TELL YOU, THIS NEIGHBORHOOD, THEY WANT US TO FINISH REALLY BAD, AND TAKING OPTION TWO, GIVING AN ADDITIONAL SIX MONTHS, YOU'RE ALSO GOING TO HEAR ON THAT FRONT, WE ARE READY, THERE'S A LOT OF NEIGHBORS THAT ARE READY TO BE FINISHED, BUT, MAYBE YOU COULD ADVERTISE IT AND SAY, THIS PART GOES FIRST AND SIX MONTHS LATER, THIS PART GOES.
>> THAT'S ESSENTIALLY WHAT WE'VE DONE IN THESE PHASES, WE HAVE LEFT THE PARTS THAT ARE DIFFICULT TO THIS PHASE, SO, TO GIVE EXTRA NOTICE, TO GIVE ALL THE APPROPRIATE OPPORTUNITY.
>> I HAVE ONE MORE SUGGESTION. THE SUGGESTION WITH THE SIX MONTH NOTICE, I THINK IT WOULD BE HELPFUL, TOO, IF YOU WERE TO EXPLAIN CLEARLY WHAT'S GONNA HAPPEN. AND WHAT THEIR RESPONSIBILITY IS, FOR EXAMPLE, IF WE GO AND THIS HAPPENS TO YOUR WALL, THEN WE WILL CLEAR IT FROM A RIGHT OF WAY STANDPOINT , BUT THEN YOU WOULD BE RESPONSIBLE FOR THIS AND THIS. I WANT TO MAKE SURE THAT THAT IS SUPER CLEAR BECAUSE AS A HOMEOWNER, YOU KNOW, BECAUSE THAT WOULD MOTIVATE ME TO BE ABLE TO LOOK AT THE INVESTMENT, IF I KNEW THERE WAS A GOOD CHANCE THAT MY WALL IS GOING TO COME DOWN WHEN YOU START FIXING SIDEWALKS. AND I CAN EITHER HAVE A WALL THAT COMES DOWN BUT I WILL BE RESPONSIBLE FOR, OR, I CAN FIX IT NOW, AND HAVE PEACE OF MIND BECAUSE EITHER WAY, AT THE END OF THE DAY, IT SOUNDS LIKE, FOR THOSE WALLS THAT ARE RIGHT UP AGAINST IT THAT HAVE THE TIMBER BEHIND IT OR HAVE THE WEIRD CONCRETE RAIN THING, THERE WALL IS COMING DOWN, IT LOOKS LIKE.
>> JONATHAN, I LIKE OPTION TWO, BUT REMIND ME FOR THE SIX MONTH NOTICE, IS THERE A THREE MONTH AND A ONE MONTH?
[00:40:01]
>> WE WILL PROVIDE MULTIPLE NOTICES, JUST TO MAKE SURE, IN CASE SOMEHOW THEY DIDN'T CHECK THEIR MAIL.
>> SORRY FOR INTERRUPTING, A, .
>> THERE'S A VOLUNTARY ONE. SO WHAT WE WILL DO AS WE WILL PROVIDE SIX MONTHS NOTICE. WE WILL PROBABLY END UP BIDDING CLOSER TO THE 3 TO 4 MONTH OUT JUST TO MAKE SURE WE GET THROUGH THE PROCESS AND THERE WOULD BE ANOTHER PRECONSTRUCTION MEETING WITH THE NEIGHBORHOOD THAT'S GENERALLY 2 TO 5 WEEKS AHEAD OF CONSTRUCTION. JUST TO REITERATE AND CLARIFY, MAKE SURE WE ARE CRYSTAL CLEAR WITH THESE EXPLANATIONS , SO IT DOESN'T
LEAVE ANYTHING IN DOUBT. >> I WILL JUST ASK YOU, AS THESE NOTICES GO OUT, DO YOU MIND JUST GIVING A HEADS UP TO COUNSEL, THIS IS WHAT IS GOING OUT AND MAKE SURE --
>> ABSOLUTELY. >> I WANT TO COME BACK TO WHERE WE TRIED TO REQUIRE ACKNOWLEDGMENT AND JUST ASK A COUPLE OF QUESTIONS. WE ARE INDICATING THERE'S 18 FOLKS AT LEAST THAT DIDN'T ACKNOWLEDGE ANYTHING, EVEN WHEN WE SENT THE CERTIFIED LETTERS, THOSE WENT UNACKNOWLEDGED, AND WHEN WE ARE RESEARCHING OWNERSHIP, I ASSUME THAT WE WERE USING, I DON'T KNOW IF THIS IS DALLAS OR DENTON BUT WE WERE LOOKING TO SEE THE ACTUAL OWNER OF THE PROPERTY AS OPPOSED TO JUST THE PROPERTY
ITSELF? >> CORRECT, WE DID RESEARCH THROUGH THE APPRAISAL DISTRICT, TO MAKE SURE WE GOT THE OWNER'S EFFORTS AND SENT THEM A LETTER. AGAIN, ON THE UTILITY BILLING SIDE, ALL WE HAD AVAILABLE WAS --
>> AND THE NEIGHBORS. >> WE DID GO THROUGH WE THINK
EVERY CHANNEL THAT WE COULD. >> THAT'S GREAT, I WANTED TO MAKE SURE THAT WE ARE LOOKING AT THE RIGHT PERSON TO TRY TO GET
THEIR ATTENTION. >> IF WE PROCEED WITH NUMBER TWO, ARE THERE ANY LEGAL PRECAUTIONS THERE?
>> MOST LIKELY, IF SOMEBODY HASN'T SIGNED, MY GUESS IS THAT THEY THINK THE CITY WOULD HAVE LIABILITY, I'M GUESSING, BUT WE DON'T HAVE LIABILITY . IT SAYS WE ARE NOT RESPONSIBLE ON PRIVATE PROPERTY. WE'VE ALREADY GOT AN OPINION UP TO THE SUPREME COURT SAYING THE SAME THING AS HERE. IT'S NOT OUR FAULT, YOU HAVE TO MAINTAIN THE WALL. THAT WAS ON PRIVATE PROPERTY BUT THIS
IS ILLEGAL ENCROACHMENT. >> I'M SORRY.
>> SO, REGARDING THAT, THEN THE FACT THAT WE HAVEN'T ATTEMPTED TO ASK THEM TO CORRECT THE ENCROACHMENT
>> PARALLEL TO NOT ONLY ADVISE THEM THAT THEY NEED TO MAKE SURE THE
STRUCTURE IS SOUND AND WAVE # >> CAN YOU BACK UP ?
>> TWO AT A POINT TO THAT, WE ARE PLANNING TO DO CODE ENFORCEMENT ON NONSTANDARD WALLS THAT ARE STRUCTURALLY UNSOUND STARTING IN THE FIRST OF THE YEAR. TRYING TO GET THE NEW RETAINING WALL ORDINANCE IN PLACE FIRST SO THE HOMEOWNER DOESN'T HIRE A CONTRACTOR TO GOT THERE AND REBUILD THE WALL IN THE RIGHT-OF-WAY, THEY WOULD HAVE TO GET A PERMIT SHOWING IT'S NOT IN THE RIGHT-OF-WAY, DEVELOPMENT SERVICES IS WORKING THROUGH THAT AND WE HOPE TO HAVE THAT ORDINANCE IN THE FIRST MEETING OF DECEMBER AND IN JANUARY WE SEND OUT THESE LETTERS AND ALSO START CODE ENFORCEMENT, TOO.
>> SO, I WAS ASKING THAT BECAUSE WE HAVEN'T ENFORCED, THE FACT THAT THEY HAVEN'T ENCROACHED, DOES THAT INCUR LIABILITY, I THINK YOU ARE GOING TO SAY NO BUT I WANT TO ASK THE QUESTION.
MAKE YOU REMOVE IT. >> OKAY, GREAT, THANK YOU.
>> I THINK THIS IS AN EXAMPLE OF WHAT WOULD BE INVOLVED IN TRYING TO MOVE OUT OF THE RIGHT AWAY, IT'S EXPENSIVE, BUT I WOULD HOPEFULLY REQUEST THAT STAFF PROCEED WITH BIDDING THE JOB IN TWO PHASES, TO ADD A SENSE OF URGENCY TO THE PEOPLE THAT THINK THE LONGER THEY DON'T RESPOND OR INTERACT, THE LONGER THEY ARE
[00:45:05]
GOING TO POSTPONE EVERYBODY. >> TO GET SOME PEER PRESSURE.
>> NOT EVEN PEER PRESSURE BUT A SENSE OF URGENCY LIKE OH, IT'S COMING, LIKE IF YOU CAN BID IT WITH TWO PHASES.
>> YOU KNOW MCCOY AND THE MAIN ROADS, ARE ALL KIND OF IN LINE WAITING FOR THIS STUFF TO HAPPEN.
>> I THINK THE CHALLENGE IS, HOW DO WE RECONSTRUCT WITHOUT
PROBLEM. >> DRIVING ON BRAND-NEW CONCRETE WOULD BE CHALLENGING AND THEN, WHERE DO WE STOP, THE ROADS ARE IN BAD SHAPE THE CONCRETE WOULD BE A CHALLENGE BUT AS YOU MENTIONED, CROOKED CREEK IS WAITING FOR THIS ONE AS IS MCCOY
TO FINISH OUT . >> SO WE ARE GOING TO DO CROOKED
CREEK AFTER THIS? >> YEAH, IT WAS ON THE LAST
BOND. >> WE WORK FROM THE INSIDE OUT.
>> ONE OF THE THINGS WE ARE TALKING ABOUT IS DOING A NEIGHBORHOOD NOTICE TO GIVE THEM AN UPDATE ON THIS PROJECT, WHY IT'S DELAYED, WE ARE HAVING HOLDOUTS, AND GIVE THEM THE TIMELINE THAT WE WILL START CONSTRUCTION, JUNE, IS, SOMEWHERE THAT SO THAT WAY THE PEOPLE WITH THE WALLS THEY WILL GET TWO LETTERS, ONE SAYS THAT YOUR WALL IS ENCROACHING AND THEY WILL GET ONE THAT SAYS WE ARE HOLDING UP THE PROJECT FOR ALL THE WALLS THAT ARE ENCROACHING.
>> BUT THEY COULD STILL STAY ENCROACHING AS LONG AS IT MIGHT
WORK AROUND. >> BUT THAT'S WHAT WE ARE TALKING ABOUT WITH THE LETTERS, IT'S YOUR RESPONSIBILITY TO MAKE SURE THAT YOUR WALL IS STRUCTURALLY SOUND. WE ARE GOING TO RECONSTRUCT THIS ROAD, IF IT FAILS, IT'S NOT OUR
RESPONSIBILITY. >> I WOULD INCLUDE THE SLABS IN
THAT. >> WE WILL WORK WITH LEGAL TO
GET ALL OF THAT IN THERE. >> I THINK STAFF HAS BRIEFED US ON TWO OPTIONS. WE ARE ALL ALIGNED ON OPTION TWO. THERE'S BEEN A LOT OF OUTREACH EFFORT AND IT SOUNDS LIKE THERE'S ADDITIONAL OUTREACH THAT YOU ARE GOING TO TAKE. IT SEEMS LIKE YOU'VE DONE, YOU KNOW, A GREAT JOB OF THE OUTREACH, AND I THINK WE SHOULD SUPPORT OPTION NUMBER TWO AND MAKE SURE WE ARE GIVEN A HEADS UP AS THESE LETTERS GO OUT SO THAT WE ARE JUST AHEAD OF IT.
SO, WHAT DO YOU ALL SAY? >> YEP.
>> THANK YOU ALL. >> GOOD JOB. ALL RIGHT.
>> THAT WAS A MEATY TOPIC. NOW WE WILL GO TO OUR INFORMATION SHARING. I WILL START WITH DR. PALACIOS.
>> THANK YOU, MAYOR, SINCE LAST WEEK, I AM PRESENTING AN UPDATE ON THAT COMMITTEE MEETING THAT WE HAD TODAY. I WANT TO THANK STAFF FOR GOOD DATA, AND A GREAT PRESENTATION AND ALSO TO THE COMMITTEE. COUNCILMEMBER FLEMING AND COUNCILMEMBER AXBERG, THANK YOU FOR BEING A PART OF IT. WHAT I WANT TO PRESENT IS AN UPDATE ON THE STREET LIGHTS AND LET YOU ALL KNOW THAT WE ARE STILL WAITING ON SOME INFORMATION FROM ENCORE TO GET BACK TO US, SO THIS IS NOT IDEALLY WHAT WE WANTED TO PRESENT TODAY BUT IT IS WHAT IT IS, SO AS SOON AS THE PERMISSION COMES OUR WAY, WE
WILL PRESENT IT TO YOU GUYS. >> I APPRECIATE ALL OF THE WORK
ON THAT. >> IT CAN BE A HEATED TOPIC AT TIMES. THANK YOU SO MUCH. COUNCILMEMBER FLEMING?
>> COUNCILMEMBER WATTERS WAS DOING AN INVESTIGATIVE REPORT, RESEARCH AT TML ON STREETLIGHTS. AND SHE COLLECTED QUITE A BOUNTY OF INFORMATION THAT SHE WILL BE SHARING SOMEDAY.
>> SO, SHE SHARES A PASSION AND AN INTEREST IN SOLAR LIGHTS,
>> RIGHTFULLY SO. I ENJOYED THE INSPIRATIONAL SPEAKERS AND LISTENING TO THE LEGISLATIVE UPDATE AT THE TEXAS TML CONFERENCE AND ENJOYED LISTENING TO CITY STAFF PRESENT, JONATHAN AND OTHERS WERE PART OF A PUBLIC WORKS PRESENTATION AND DOING A REALLY GOOD JOB. I CAN'T REMEMBER WHAT ELSE, THERE WERE SOME OTHER INTERESTING PRESENTATIONS. I'LL HAVE TO RACK MY LITTLE BRAIN BUT I WOULD JUST ASK, IF WE HAVE A DATE FOR THE UPDATE ON THE FIRE STATION PLAN.
>> SHE SENT A NOTE OUT, DID YOU GET THAT?
>> I HAVEN'T SEEN THAT. >> OKAY.
[00:50:01]
>> IT WAS SENT OUT LAST WEEK. >> IT WAS A FOLLOW-UP TO THE
MEETING. >> CHECK YOUR INBOX. WE WILL BE HAVING A WORK SESSION ON THE PUBLIC SAFETY UPDATE IN JANUARY.
BUT THIS IS INTENDED TO RESPOND PRIOR TO AND JONATHAN WEEKS ENGINEERING REPORT WILL ADDRESS STATION FIVE AS WELL.
>> OKAY. >> OKAY, MAYBE THAT'S WHAT WE
WERE TALKING ABOUT >> MR. MAYOR, I HAVE NOTHING NEW
FROM LAST WEEK. >> COUNCILMEMBER WATTERS?
>> THE TML LAST WEEK WAS, THE RESEARCH, I ALREADY HAD THE
CONVERSATION ON THE WAY BACK. >> DID YOU GUYS WRITE IT , BOTH
DIRECTIONS? >> NO, GOING BACK.
>> IT WAS MY FIRST TIME TO RIDE IT THAT LONG. IT WAS VERY ENJOYABLE AND VERY INFORMATIVE. WE TALKED ABOUT THIS. I HEARD THE ENCORE OPTION. I AM STILL GOING TO BUG YOU ABOUT THAT AT SOME POINT. SO THE TML WAS GREAT, THE OTHER THING THAT I PICKED UP ON TML THAT WAS OF INTEREST WAS THE CONSTRUCTION OF HOMES, I THOUGHT IT WAS INTERESTING, IN ORDER TO PRESERVE ALL OF THE SUSTAINABILITY AND EVERYTHING.
AND WE TALKED ABOUT THAT, TOO. SO ANYWAY, THE OTHER THING ABOUT LAST WEEK WAS, I ATTENDED AN EVENT CALLED NIGHT OF THE SUPERSTARS WHERE THEY HONORED THE YOUTH, IT WAS A SCHOLARSHIP FOR THE YOUTH FOR INDIVIDUALS WITH DISABILITIES INDIVIDUALS WITHIN THE AUTISTIC SPECTRUM AND IT WAS AMAZING HOW EVERYBODY HONORED THEM, THEY WALKED THE RED CARPET AND EVERYBODY WAS ASKING FOR THEIR AUTOGRAPH. IT WAS VERY GOOD FOR THOSE INDIVIDUALS, AND THEY'VE BEEN DOING IT FOR ABOUT 20 YEARS. I THOUGHT THAT WAS VERY GOOD, AND TODAY, WE HONORED THE VOLUNTEERS FOR THE POLICE DEPARTMENT. AND, I THINK WE DON'T DO IT ENOUGH AND I AGREE WITH THE MAYOR THAT WE HAVE THE BEST VOLUNTEERS IN NORTH TEXAS AND THEY DESERVE SO MUCH OF OUR APPRECIATION.
>> ABSOLUTELY, THANK YOU. >> THANKS MR. MAYOR, I ALSO ATTENDED TML AND ENJOYED THAT IMMENSELY, THE SPEAKER WAS FANTASTIC, I BOUGHT HIS BOOK, IT IS AN AUDIOBOOK AND I'M LISTENING TO IT NOW, JOHN O'LEARY IS THE AUTHOR AND SPEAKER. HE IS GREAT. I'M THOROUGHLY ENJOYING HIS BOOK
>> DEPUTY MAYOR PRO TEM PALOMO.
>> I WAS ALSO AT TML. I WAS ABLE TO ATTEND ONE DAY SINCE IT WAS LOCAL, STAYED THROUGHOUT THE ENTIRE DAY AND MADE SOME GOOD CONNECTIONS . I REGRETFULLY DIDN'T GET TO HEAR THE SPEAKER BUT I HEARD GREAT THINGS ABOUT HIM, SO, THAT WAS REALLY NICE, TO BE ABLE TO HAVE LUNCH WITH SOME OF THE COUNCILMEMBERS, AND THE OTHER THING I WANTED TO ADD IS, I'M EXCITED FOR THIS
>> I ORDERED GREAT WEATHER, SO WE WILL SEE.
>> THANK YOU. >> AND MONDAY, NOVEMBER 10TH, IS THE 250TH BIRTHDAY OF OUR UNITED STATES MARINE CORPS, SO I HAVE A SPECIAL INTEREST, AS YOU KNOW, MY SON IS SERVING.
>> AND VETERANS DAY. >> I'M EXCITED ABOUT THAT.
>> JUST REAL FAST, DO WE HAVE, THE VETERANS DAY LUNCHEON, DO WE
HAVE A CITY TABLE FOR THAT? >> I BELIEVE, YES.
>> MARK YOUR CALENDAR, HOPEFULLY YOU RSVPED, AGAIN, NEXT THURSDAY IS THE VETERANS DAY LUNCHEON. THANK YOU FOR THE SHOUT OUT.
>> THANK YOU, MAYOR, SO, I ATTENDED THE TOYS FOR TOTS RALLY AT THE REQUEST OF MAYOR RICHARD BOYER, SO I'M HOPING TO BE SETTING UP FOR TOYS FOR TOTS. I ATTENDED THE IRISH-AMERICAN SOCIETY ANNUAL DINNER AT BROOKHAVEN COUNTRY CLUB. GOT TO MEET THE IRISH CONSULATE GENERAL .
[00:55:05]
>> I WISH I COULD SPEAK IN AN IRISH ACCENT RIGHT NOW FOR YOU
BUT I JUST CAN'T DO IT. >> I'M THE SON OF ANNE O'BRIEN AND I CAN'T DO IT, EITHER. I INVITED THE CONSULATE GENERAL. I WAS ALSO AT THE CHANCE CHARITY GOLF TOURNAMENT AT CASTLE HILLS.
IT'S A GREAT ORGANIZATION THAT ACTUALLY RAISES MONEY TO BE ABLE TO HELP GIVE SCHOLARSHIPS AND ASSISTANCE TO THE CHILDREN OF FALLEN OFFICERS, PUBLIC SAFETY, REALLY INSPIRING STORIES, AFTER THE TOURNAMENT AT THEIR DINNER, FOR THE KIDS THAT ARE ACTUALLY BENEFITING FROM THE CHARITY, IT'S THE CHARITY AND IT'S CALLED, KIDS CHOICE OF TEXAS. I WAS ALSO AT THE DALLAS BAR ASSOCIATIONS GOLF TOURNAMENT AND DINNER, THAT WAS AT THE NELSON CLUB, GREAT TO BE WITH LAWYERS ALL AFTERNOON. LOVE THAT. IF I SAY SO, YES, ALSO VERY MUCH LOOKING FORWARD TO SWITCH YARD.
I'VE HAD A LOT OF FOLKS FROM AROUND THE METROPLEX REACH OUT AND ASK FOR ADDITIONAL INFORMATION WHICH, I WAS POINTING THEM ALL TO ONLINE. IN MY DAY JOB I'M AFFORDED THE OPPORTUNITY TO HAVE A LOT OF ANALYSIS IN REGARDS TO DIGITAL MARKETING, DIGITAL ADVERTISING AND LOOKING AT SPECIFICALLY CONCENTRIC FOOTPRINTS, AND ACTUALLY I CAME ACROSS IN THIS ANALYSIS, THE CITY OF CARROLLTON, AND IT REALLY SURPRISED ME TO BE ABLE TO LEARN THAT OUR DIGITAL FOOTPRINT WHICH IS PEOPLE THAT ARE ABLE TO SEE OUR FOOTPRINT WHICH IS ON SOCIAL MEDIA, OUR WEBSITE, ALL OF THE CONTENT, IT GROWS ON AVERAGE, 20% YEAR ON YEAR, SO LOOKING AT IT ON A MONTHLY AVERAGE, IT HAS INCREASED CONSISTENTLY, APPROXIMATELY 20%, WHICH MEANS THAT OUR DIGITAL FOOTPRINT, ALL OF THE STUFF THAT IS BEING NOTICED ONLINE, IT JUST BLEW ME AWAY. I ALSO DID COMPARISON TO OTHER CITIES AND WE ARE BY FAR THE FASTEST GROWING DIGITAL FOOTPRINT ONLINE. SO YOU SEE ALL THIS STUFF ONLINE ABOUT SWITCH YARD OR THE THINGS THAT WE ARE DOING, IT IS DEFINITELY BEING CONSUMED BY OUR RESIDENTS, SO I JUST WANTED TO GIVE A SHOUT OUT TO KELLY AND THE MARKETING TEAM BECAUSE THEY ARE KILLING IT ONLINE RIGHT NOW. IN MY PROFESSIONAL OPINION, SO.
>> WELL, I LOVE, ICE IS A BUTCHER, BAKER, CANDLESTICK MAKER, WHETHER IT'S ENGINEERING, WHETHER IT'S MARKETING, IN TERMS OF SOME OF THEM, SOME OF THE DISCUSSION.
TML, I WAS OUT THERE THURSDAY. ECONOMIC DEVELOPMENT HAD A GOLF TOURNAMENT ON THURSDAY SO I KICK THAT OFF AND WENT TO TML. THEY HAD 120 PARTICIPANTS, SO ABOUT 30 PAIRS OR FOURSOMES, RATHER, ROBBIE WAS THERE, JENNY WAS THERE , DID A GREAT JOB, ROBBIE,
DID YOU WIN? >> YOU NORMALLY WIN, RIGHT, YOU NORMALLY STACK THE DECK IN YOUR FAVOR. BUT THEY DID A GREAT JOB AND IT WAS GREAT TO SEE SO MANY FAMILIAR FACES BUT ALSO A LOT OF NEW FACES, JENNY IS REALLY TAPPING INTO THAT IN TERMS OF HER NETWORK. D.O.T., WE HAD AN EMERGENCY MEETING, THEY ARE FACING FUNDING CHALLENGES AS ALL ENTITIES SEEM TO BE AND THERE ARE DIFFERENT TIERS OF FUNDING THAT CAN BE USED FOR DIFFERENT THINGS SO WE HAD AN EMERGENCY MEETING WITH LOCAL JUDGES, I WAS KIND OF A REPRESENTATIVE MAYOR, IT WAS A BIT OF A LEARNING FOR ME. THE WHOLE IDEA IS TO WORK WITH OUR LEGISLATORS TO ENSURE THAT THEY GET FUNDING THAT ALLOWS FOR THESE FARM TO MARKET ROADS, BECAUSE OF THESE EXTRA DEVELOPMENTS, WATER DISTRICTS LIKE CASTLE HILLS WAS A WATER DISTRICT, GO UP 380, THERE'S A LOT OF WATER DISTRICTS THAT ARE OUTSIDE OF THE MUNICIPALITIES.
SO, THIS IS ALL ABOUT THAT, SO I WAS INVITED TO ATTEND, IT WAS A GOOD SESSION AND WE WILL HAVE A FEW MORE SESSIONS.
>> I ATTENDED THE DRAGON BOAT FESTIVAL ON SUNDAY. WE GOT AN
[01:00:05]
AWARD FOR THAT, I WILL BRING IT NEXT TIME AND PUT IT ON THE TABLE BUT IT'S A NICE, PRETTY AWARD. MORE IMPORTANT THAN THE AWARD, IS THE REGIONAL DRAW OF OUR DRAGON BOAT FESTIVAL IN TERMS OF THE ASIAN COMMUNITY AND THE LANTERN FESTIVAL AS WELL. SO THEY DO THIS ANNUALLY OVER AT LAKE CAROLINE. IN IRVING, SO THEMAYOR WAS THE HOST. >> CITIZENS ON PATROL, THE CHIEF DID A WONDERFUL JOB OF RECOGNIZING IT, TWO SHOUT OUTS, RUSSELL WIDENER AND JULIE MALLEY, BOTH SURPASSED 10,000 VOLUNTEER HOURS, NOT JUST IN THE YEAR BUT 10,000 HOURS OF VOLUNTEERING, THEY ARE TWO ROCK STARS, SO IF YOU SEE THEM, JUST GIVE THEM A BIG THANK YOU AND A HIGH FIVE BECAUSE THEY AMONG ALL OF THE VOLUNTEERS THEY DO A GREAT JOB, BUT THOSE TWO IN PARTICULAR, THE CHIEF GAVE THEM A NICE AWARD ON THAT. I HAD A WORKFORCE DEVELOPMENT CALL TODAY. THEY DO A LOT OF OUTREACH FOR EMPLOYERS TO ENSURE CHILDCARE. THIS COMMISSION REALLY FOCUSES ON CHILDCARE, SO THEY ARE NOT DISRUPTED YET WITH FUNDING FOR HELPING ULTIMATELY THOSE CHILDREN, IN TERMS OF HAVING AFFORDABLE CHILDCARE BUT IT'S SOMETHING, THEY WILL ALERT US IF THERE'S ANY ISSUES BUT FOR NOW, EVERYTHING SEEMS TO BE FLOWING FOR THOSE CHILDCARE DOLLARS. THE SWITCHYARD HAS BEEN SET, WE HAVE A COMMITTEE COMING UP AS WELL. AND MLK., PLANNING WITH THAT, OTHER STAFF MEMBERS HAVE BEEN WORKING WITH THE COMMITTEE, SO THEY BEEN MEETING WITH THAT. THIS WHOLE TABLE WAS FILLED ONE DAY IN THE LAST COUPLE OF WEEKS. I THINK ALL IS IN ORDER, THEY, THERE WAS A FEAR THAT WITH WILLY'S PASSING, THAT THERE WOULD BE CHAOS OR WHATEVER, NOT AT ALL. THEY'VE DONE A GREAT JOB TO MAKE SURE WE GO FORWARD. I'M SURE, WE WILL ALL GET THE INVITATION AS WE GET CLOSER TO IT. THANK YOU, STAFF, FOR ALL THAT YOU DO. ANYTHING ELSE FROM STAFF?
>> NO, WE ARE REALLY BUSY. I'M EXCITED ABOUT THE FESTIVAL THIS
WEEKEND. >> YOU ALL GOT AN EMAIL FROM ERIN ABOUT SOME LOCAL DEVELOPMENTS, WE WILL HOLD THAT NEWS BECAUSE IT IS SUBJECT TO THE BRAND. SO WE ARE NOT GOING TO TALK ABOUT THAT HERE BUT WE WILL CERTAINLY MAKE SOME PRESS OUT OF THAT IN THE NEAR FUTURE. I ALSO WANT TO QUICKLY ADDRESS, JUST SO YOU ARE AWARE, DART AS A REGION, THERE'S MEMBER CITIES AND THERE'S THE CITY OF DALLAS , SO ALL THE MEMBER CITIES HAVE BEEN TRYING TO WORK OVER THE LAST THREE SESSIONS, WE HAD A WORK SESSION ON THIS EARLIER THIS YEAR, AS YOU WILL RECALL.
NEXT YEAR IS THE SIX-YEAR ROTATION FOR THAT, SO THREE CITIES HAVE CALLED AN ELECTION, WE HAVE AN AD HOC COMMITTEE LOOKING AT SOMETHING. WE ARE NOT AT A POINT TO MAKE DECISIONS.
THE NEXT MILESTONE ON THAT IS CALLED AN NORTH TEXAS COMMISSION, CALLED ALL CITY MANAGERS AND DART WORK-STUDY, SIX WEEKS AGO NOW. WE ARE SUPPOSED TO GET A READOUT ON THE 13TH OF NOVEMBER SO WE WILL SURE THAT WHEN THAT BECOMES AVAILABLE AND LET YOU KNOW WHAT THAT LOOKS LIKE. IN THE MEANTIME, WE ARE STAYING THE COURSE WITH WHERE WE ARE AT. SOME OF OUR IRVING, PLANO, HIGHLAND PARK AND FARMERS BRANCH HAVE ALL PLACED IT ON THEIR AGENDA. YOU ARE GOING TO HEAR ABOUT IT, THERE'S CHATTER AND NEWS ARTICLES AND SO FORTH. JUST HOLD THAT THOUGHT FOR NOW, WE ARE NOT READY AS A COUNCIL TO MAKE ANY RECOMMENDATIONS, NOBODY HAS SAID ANYTHING, SO MORE TO COME ON THAT BUT WE WILL REPORT BACK TO YOU FIRST TO THE COMMITTEE AND TO THE COUNCIL, LATER THIS YEAR. ANYTHING FROM YOUR END?
>> ALL RIGHT, LISTEN, WE ARE 10 MINUTES EARLY SO WE WILL SAY ADJOURNED AND WE WILL PICK UP FOR OUR CONSENT AGENDA AND OUR WORK SESSION AND THE PUBLIC HEARING ITEMS AT THE TOP OF
>>> WELCOME WELCOME TO OUR CITY COUNCIL MEETING FOR NOVEMBER 4TH, WE ARE ALSO HAPPY THAT YOU ARE HERE. AS WE ALWAYS DO, WE
[01:05:01]
WILL START WITH OUR INVOCATION LED BY COUNCILMEMBER RICHARD FLEMING AND ARE PLEDGE OF ALLEGIANCE BY DEPUTY MAYOR PROTEM DAISY PALOMO. PLEASE RISE. >> DEAR HEAVENLY FATHER INAUDIBLE ] I PRAY FATHER THE PEOPLE'S NEEDS ABOVE OUR OWN. REMIND US FATHER THAT WE ARE IN THIS POSITION NOT TO BE SERVED BUT TO SERVE THE PUBLIC JUST AS MORAL AND RATIONAL, IN JESUS NAME, WE PRAY, AMEN.
>> I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION, UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.
HONOR THE TEXAS FLAG, I PLEDGE ALLEGIANCE TO THE, TEXAS, ONE STATE, UNDER GOD, ONE AND INDIVISIBLE.
>> ARE FIRST-ORDER BUSINESS IS A PRESENTATION. THE ICC/IAEI ELECTRICITY RECOGNITION CERTIFICATE IN HONOR OF THE COMMITMENT TO ELECTRICAL SAFETY, CODE COMPLIANCE AND PROFESSIONAL TRAINING OF ITS INSPECTION STAFF, IF I COULD HAVE BRETT KING AND HIS STAFF JOIN ME AT THE PODIUM.
>> MAYOR AND COUNCIL, STAFF, MY NAME IS RUDY GARZA, AND THE PRESIDENT AND CEO OF THE INTERNATIONAL ASSOCIATION OF ELECTRICAL INSPECTORS AND I STAND BEFORE YOU THIS EVENING WITH AMANDA WOZNIAK, WAS OUR PUBLIC POLICY SPECIALIST. I'M HERE TO PRESENT A DISTINGUISHED HONOR TO YOUR CITY ON BEHALF OF THE INTERNATIONAL COCOUNSEL AND THE INSPECTORS ASSOCIATION. THE CODE COUNCIL IS THE LEADING CODE MAKING AUTHORITY NOT ONLY IN TEXAS, NOT ONLY THE UNITED STATES BUT GLOBALLY, THEY WRITE ALL THE BUILDING CODES FOR ALL THE CITIES ACROSS THIS GREAT NATION OF OURS. WE PARTNER WITH THEM LAST YEAR TO DEVELOP A NEW PROGRAM TO RECOGNIZE CITIES THAT HAVE A COMMITMENT TO ELECTRICAL SAFETY PARTICULARLY AS IT PERTAINS TO THE INSPECTION OF NEW CONSTRUCTION OR REMODELING PROJECTS TO ENSURE THAT THE ELECTRICAL APPLICATIONS IN THOSE PROJECTS MEET THE ELECTRICAL CODE. WE STARTED THAT TWO YEARS AGO, AND I'M HAPPY TO SAY YOU ARE ONLY THE FOURTH CITY IN THE ENTIRE COUNTRY THAT HAS ACHIEVED THIS RECOGNITION. YOUR ENTIRE STAFF ATTENDED A TRAINING THAT WE HELD AT OUR OFFICE ABOUT TWO MONTHS AGO, MAYBE, ON THE BASICS OF ELECTRICAL INSPECTION. IT'S IMPORTANT BECAUSE CURRENTLY, MOST OF THE CITIES ACROSS THE COUNTRY HAVE MOVED AWAY FROM THE SPECIALIZED MASTER ELECTRICIAN AS THE ELECTRICAL INSPECTOR TO A COMBINATION INSPECTOR AND A LOT OF TIMES THOSE COMBINATION INSPECTORS ARE NOT WELL VERSED IN WHAT THEY ARE SUPPOSED TO BE LOOKING FOR IN TYPICAL ELECTRICAL INSPECTIONS, BUT YOUR STAFF HAS MADE A COMMITMENT AND THEY ATTENDED THE TRAINING AND WE ARE HERE TO PRESENT YOU, MR. MAYOR, WITH THIS DISTINGUISHED
HONOR. >> HALF OF YOU ARE HERE AND HALF
OF YOU ARE OVER THERE. >> ONLY FOURTH IN THE COUNTRY.
[01:10:02]
HOW MANY IN TEXAS. >> HOW MANY IN TEXAS.
>> ARE WE NUMBER ONE IN TEXAS? >> YOU ARE THE FOURTH.
>> THANK YOU SO MUCH. >> WOULD YOU LIKE TO SAY
ANYTHING? >> CERTAINLY, JUST A TESTAMENT TO THE GUYS THAT YOU SEE UP HERE, THE HARD WORK THEY PUT IN, SOME OF THESE GUYS ARE PLUMBING SPECIALISTS AND NOT ELECTRICAL SPECIALIST BUT THEY'VE TAKEN THIS UPON THEM TO DO THIS, AND I WANT TO APPRECIATE THEM IN FRONT OF EVERYBODY FOR GETTING UP AND FOLLOWING ON THIS TRAINING AND BEING OUT THERE DOING THIS, MAKING SURE THE CITIZENS ARE SAFE. THANK YOU.
>> TO BE CLEAR I WILL ANSWER MY OWN QUESTION, WE ARE NUMBER ONE IN TEXAS AND IT'S BECAUSE OF OUR TEAM. SO THANK YOU SO MUCH.
ALL RIGHT COUNSEL WITH THAT, THAT TAKES US TO OUR CITIZEN COMMENT PERIOD, THIS IS THE OPPORTUNITY FOR ANYONE IN THE AUDIENCE WISHING TO SPEAK ON A NORMAL AGENDA ITEM, NUMBERS EIGHT THROUGH 11, TO ADDRESS COUNSEL BEFORE WE TAKE ACTION .
THESE CONSENT AGENDA ITEMS TEND TO BE NONCONTENTIOUS BUT SOMETIMES, WE HAVE SOME SPEAKERS, IF ANYONE WISHES TO SPEAK ON AGENDA ITEMS NUMBER EIGHT THROUGH 11, I WILL INVITE YOU TO THE PODIUM NOW. I DON'T HAVE ANY CARDS TO SPEAK ON THESE ITEMS BUT IF YOU HAVE A DESIRE TO SPEAK ON THESE, PLEASE APPROACH THE PODIUM NOW. SEEING MAN, I WILL CLOSE THE CITIZEN COMMENT PERIOD, I WILL ENTERTAIN A MOTION FOR CONSENT AGENDA ITEMS NUMBER EIGHT THROUGH 11. COUNCILMEMBER DR. PALACIOS.
>> DEPUTY MAYOR PRO TEM PALOMO.
>> I WOULD LIKE TO SECOND THAT.
>> I HAVE A MOTION BY COUNCILMEMBER PALACIOS AND A SECOND BY COUNCILMEMBER AND DEPUTY MAYOR PRO TEM PALOMO, DO I HAVE A DISCUSSION? AND THE MOTION PASSES UNANIMOUSLY, THAT TAKES US TO, WE HAVE SEVERAL INDIVIDUAL ITEMS, ITEM 12, IS TO HOLD A PUBLIC HEARING TO CONSIDER ESTABLISHING A DRAINAGE SYSTEM AND CONSIDER AND ORDINANCE AMENDING THE TITLE 17 ENVIRONMENTAL REGULATION TO ADD A NEW CHAPTER 177 TO ESTABLISH A MUNICIPAL DRAINAGE SYSTEM. WITH THAT, I WILL INVITE DIANA VANN
TO THE PODIUM. >> AT EVENING MAYOR AND COUNCIL.
TONIGHT, WE ARE GOING TO HEAR FROM OUR DRAINAGE EXPERTS, AND THEY HAVE PRESENTED TO THE FINANCE COMMITTEE MULTIPLE TIMES AND THE CITY COUNCIL OVER THE LAST YEAR, AND THEY ARE EXPERTS ON DRAINAGE SO I WILL TURN IT OVER.
>> VERY GOOD, WE APPRECIATE THAT.
>> WE WILL TURN IT OVER TO OUR GUEST, FREEZING NICHOLS.
>> AT EVENING, I'M TREY, WITH THE CITY OVER THE LAST FEW MONTHS. GIVING YOU A QUICK PRESENTATION ON THE FRUITS OF OUR LABOR. SO QUICK OVERVIEW OF THE UTILITY AND WHAT IS FOR CONSIDERATION. THERE WE GO.
OKAY, FIRST, A STORMWATER UTILITY IS A USER FEE THAT IS VERY COMMON IN TEXAS, AS YOU SEE THE MAP ON THE TOP RIGHT, EVERY CITY IN BLUE HAS A STORMWATER UTILITY FEE. IT'S A DEDICATED USER FEE THAT COLLECTS REVENUE, THERE IS A CHARGE TO DEVELOP PROPERTIES. IT CAN ONLY BE USED FOR STORM WATER RELATED EXPENSES, SO STATE LAW SPECIFICALLY ENABLES THAT AND HAS SO SINCE THE LATE 80S. IT PROVIDES THIS DEDICATED FUNDING MECHANISM FOR THAT. SO, YOU KNOW, LIKE MANY CITIES, CARROLLTON HAS DRAINAGE NEEDS, DRAINAGE CHALLENGES, 4% OF YOUR TOWN IS IN A FLOOD PLANE , AND IF YOU ARE A BENCHMARK CITY, YOU HAVE A HIGH AMOUNT OF DRAINAGE AND RELATED CHALLENGES. AND SO, IF YOU LOOK AT THIS OVERVIEW OF THE INFRASTRUCTURE, WE DON'T OFTEN THINK OF THIS AS INFRASTRUCTURE BUT WE'VE GOT PIPE SYSTEMS, CREEKS, CHANNELS THAT ALL NEED TO BE MAINTAINED, IF THEY AREN'T, THEY WILL FAIL, AND THAT'S A MORE COSTLY FIX OR
[01:15:03]
THERE'S A LETTER ASK IF THEY ARE NOT AT ALL. THERE ARE INCREASING NEEDS AS THEY CONTINUE TO AGE, AS RAINFALL EVENTS ARE MORE SEVERE, SO THOSE ARE TYPICAL TYPES OF ISSUES AND THAT'S WHY MOST CITIES HAVE THIS DEDICATED FUNDING MECHANISM FOR THIS. SO, FOR A STORMWATER PROGRAM, THESE ARE THE TYPES OF THINGS THAT YOU KNOW, THROUGH THE EVALUATION WE DID WITH STAFF, THE TYPES OF SERVICES, SO THERE'S MOWING, OF THE VEGETATIVE AREAS AND THE DRAINAGE CHANNELS, THERE IS INCREASED SWEEPING COMPONENTS, SO THREE FTES TO HELP WITH INCREASED SWEEPING, SO THIS REALLY ALLOWS FROM A SHIFT FROM REACTIVE TO MORE PROACTIVE. IT ALSO ALLOWS FOR FUNDING OF CRITICAL CAPITAL IMPROVEMENT NEEDS. SO, YOU CAN SEE A LIST OF THOSE, AT THE TOP YOU SEE THE WOODLAKE DAM IMPROVEMENTS, THERE'S OTHER PROJECT NEEDS AS WELL. IT WILL ALLOW FOR THOSE COUPLE OF PROJECTS TO BE ADDRESSED WITH THE STORMWATER UTILITY FEE. SO, THOSE ARE THE NEEDS THAT HAVE THE COST ASSOCIATED WITH THEM. AND WE WILL TALK ABOUT THE APPROACH OF HOW DO YOU EQUITABLY ASSIGN THE CHARGE TO THE DEVELOPED PROPERTIES IN THE CITY. SO, ONE IS, THE BASIS FOR MEASURING THE USE OF THE STORM SYSTEM, IT'S IMPERVIOUS, THE HARD SERVICE THAT KEEPS IT FROM SOAKING INTO THE GROUND, BUT INSTEAD, RESULTS IN MORE RUNOFF, HIGHER VOLUME, HIGHER VELOCITIES AND THE LIKE.THAT'S THE MEASUREMENT BASIS. THAT HAS BEEN DONE FOR ALL THE PROPERTIES ACROSS THE CITY. WHAT WE WILL BE SHOWING IS A TIERED RESIDENTIAL STRUCTURE. SO SMALL RESIDENTIAL PROPERTIES, WHICH WILL BE ABOUT MOST OF THE PROPERTIES THERE, AND THE LARGEST RESIDENTIAL PROPERTY WILL BE IN THE THIRD TIER. IN THE COMMERCIAL PROPERTIES, NONRESIDENTIAL PROPERTIES WILL BE BASED OFF OF WHAT WE CALL EQUIVALENT RESIDENTIAL UNIT. SO FOR EVERY UNIT OF MEASURE, THAT IS INDUSTRY STANDARD. SO IT'S CONSISTENT WITH THAT. TEXAS STATE LAW ALLOWS FOR EXEMPTIONS AND THIS CONTEMPLATES THAT THE RELIGIOUS AND SCHOOLS WOULD BE EXEMPTED. THIS SHOWS EXAMPLES, YOU SEE THE GREEN AND THE BLUE OF WHAT THE IMPERVIOUS AREA LOOKS LIKE? YOU SEE THE LIGHT BLUE, IT SHOWS THE PROPERTY BOUNDARY, WE ARE JUST CAPTURING WHAT THE HARD SURFACE AREA AS A UNIT OF MEASURE FOR EACH OF THE PROPERTIES. I SUSPECT I'VE GOT SOMEBODY WHO IS HELPING ME OUT ON THE SLIDE CHANGES, THANK YOU. OKAY, SO THE FEE STRUCTURE, SO, FOR THE RESIDENTIAL FEES, WE'VE GOT LIKE I SAID THE THREE TIERS, THE SMALLEST 10% OF THE RESIDENCE WOULD BE FOUR DOLLARS PER MONTH, YOU SEE THAT ON THE UTILITY BILL. 80% OF THE RESIDENTIAL PROPERTIES, THE MIDDLE 80%, SO MOST OF THE RESIDENTIAL PROPERTIES WOULD BE AT $7.25 PER MONTH AND THE LARGEST 10% WOULD BE AT $11.40. THE LARGER PROPERTIES WOULD BE AT $8.40 . YOU SEE EXAMPLES ON THE RIGHT, THAT'S NOT THE THREE TIERS, WHATEVER IT MAY BE, IT MAY BE TWO FOR A PROPERTY, MAYBE 13, IT COULD BE ANYTHING. BUT THESE ARE JUST EXAMPLES. OKAY, SO I THINK THAT'S THE LAST SLIDE . AT THIS POINT I WILL TAKE ANY QUESTIONS YOU MIGHT HAVE.
>> OKAY, SO, AGAIN, ITEM NUMBER 12 IS ESTABLISHING THE SYSTEM OR THE ORDINANCE, ADOPTING IT AND THE NEXT ITEM WILL BE THE FEE
>> COUNSEL, ANY QUESTIONS FOR OUR REPRESENTATIVE ON ITEM NUMBER 12? OKAY, SEEING MAN, YOU CAN HAVE A SEAT, THIS IS A
[01:20:04]
PUBLIC HEARING, SO I WILL OPEN UP THE PUBLIC HEARING AND INVITE ANYONE IN THE AUDIENCE WISHING TO ADDRESS COUNSEL BEFORE WE TAKE ACTION ON THIS ITEM. DO SO BY APPROACHING THE PODIUM NOW. I DON'T HAVE ANY CARDS FOR THIS PARTICULAR ITEM. OKAY, I WILL CLOSE THE PUBLIC HEARING, AND COUNSEL, THIS DID COME THROUGH OUR FINANCE COMMITTEE, I WILL ASK OUR FINANCE CHAIR, JASON CARPENTER, TO PLEASE OPINE AND LEAD A MOTION AND WE CAN HAVEFURTHER DISCUSSION. >> THANK YOU MR. MAYOR, I APPRECIATE THE OPPORTUNITY TO HAVE SEEN THIS INFORMATION MULTIPLE TIMES. IT'S INTERESTING TO ME THAT WE HAVEN'T LOOKED AT THIS BEFORE, AND I THINK IT'S ABSOLUTELY SOMETHING WE NEED TO DO. AND I AM PLEASED TO MAKE A MOTION FOR ITEM NUMBER 12 TO BE APPROVED TO HELP MAKE OUR CITY BETTER.
>> COUNCILMEMBER KLEIN? >> I WOULD LIKE TO SECOND THE
MOTION FOR ITEM NUMBER 12. >> OKAY.
>> COUNSEL, ANY DISCUSSION ON THAT MOTION? I SHARE THE OPINION EXPRESSED, AS YOU LOOK AT THE FIRST MAP THAT SHOWS CARROLLTON IS A PAST AREA WITHIN A SEA OF BLUE, WE ARE THE ONLY CITY LARGELY, BIG CITY THAT HAS NOT ADOPTED SUCH A PROGRAM AND A FEE AS WELL. THOUGH IT'S IMPORTANT TO US, WE ALL SEE THIS, STORMWATER AFFECTS ALL OF OUR CITIES. WE'VE HAD DIFFERENT APPROACHES TO THIS BUT CERTAINLY, THIS IS ONE TO KEEP UP. ANY DISCUSSION ON THE MOTION? SEEING MAN, I WILL CALL
THE VOTE. >> THE MOTION PASSES UNANIMOUSLY. . WITH THAT, THAT TAKES US TO ITEM NUMBER 13, THIS IS HOLD A PUBLIC HEARING TO CONSIDER ESTABLISHING VISIBLE DRAINAGE UTILITY SYSTEM FEES AND CONSIDER AN ORDINANCE AMENDING CHAPTER 31 BY ADDING NEW SECTION 31.01(W) ESTABLISHING MUNICIPAL DRAINAGE UTILITY SYSTEM FEES. WE'VE ALREADY SEEN THE PRESENTATION, JUST THE JOINT PRESENTATION. WITH THAT, I WILL GO STRAIGHT TO THE PUBLIC HEARING . I DON'T HAVE ANY CARDS FOR THIS ONE EITHER BUT IF ANYONE WISHES TO ADDRESS COUNSEL BEFORE WE TAKE ACTION, YOU MAY APPROACH THE PODIUM NOW. I'M GOING TO CLOSE THE PUBLIC HEARING AND COUNSEL, YOU SAW ON THE PREVIOUS SPEAKERS CHARTS, THE THREE FEES TIERS THAT ARE BEING RECOMMENDED I WILL YIELD TO OUR CHAIR OF THE FINANCE
COMMITTEE, JASON CARPENTER. >> THANK YOU, MAYOR. A NOTE ON THIS IS THAT THESE FEES DON'T GO INTO EFFECT FOR A FULL YEAR, SO THIS IS NOT SOMETHING THAT'S HAPPENING IMMEDIATELY. I THINK THESE FEES ARE APPROPRIATE AND NECESSARY FOR WHAT WE ARE IMPLEMENTING HERE. SO I WOULD LIKE TO OFFER A MOTION TO
APPROVE ITEM NUMBER 13. >> COUNCILMEMBER AND MAYOR PRO
TEM AXBERG. >> THANK YOU, MAYOR, I WOULD
LIKE TO SECOND THAT. >> AGAIN, THIS IS EFFECTIVE OCTOBER 1, 2026. ANY DISCUSSION ON THE MOTION? COUNCILMEMBER AND
DEPUTY MAYOR PRO TEM PALOMO? >> I WANT TO THANK STAFF AND OUR FINANCE COMMITTEE FOR DOING SUCH A GREAT JOB OF GETTING THIS ON OUR AGENDA TO VOTE ON TODAY AND FREEZING NICHOLS, THANK YOU AS
WELL. >> OKAY, COUNSEL, I HAVE A MOTION AND A SECOND, SEEING NO FURTHER SPEAKERS I WILL CALL THE VOTE. IN THE MOTION PASSES, UNANIMOUSLY. TAKES US TO ITEM NUMBER 14, THIS IS HOLD A PUBLIC HEARING TO CONSIDER AN ORDINANCE AMENDING THE ZONING TO ESTABLISH A SPECIAL USE PERMIT TO ALLOW LIGHTED ATHLETIC FIELDS ON APPROXIMATELY 4.86 ACRE TRACT ZONED LIGHT INDUSTRIAL DISTRICT AND LOCATED AT 3000 BELMEADE DRIVE, AMENDING THE ZONING MAP, THIS IS CASE NUMBER PLSUP 2025-119 DALLAS PADEL CLUB LIGHTING.
>> LEAVING, MAYOR, LAUREN SHAPIRO , THIS IS JUST ANOTHER SPECIAL USE PERMIT, THE ONLY REASON WHY THEY ARE BEFORE YOU TONIGHT IS THAT BECAUSE THEY ARE HAVING LIGHTED ATHLETIC FIELDS ON THE OUTDOORS, WE ALWAYS REQUIRE A SPECIAL USE PERMIT, SO ALL THEY ARE GOING TO DO IS CONVERT WHAT IS CURRENTLY ALMOST LIKE AN ATHLETIC FACILITY TO CREATE SEVEN OF THESE PADEL COURTS AND FOR THAT, THEY WANT TO PUT THE LIGHTING UP. THE AREA
[01:25:03]
IS COMPLETELY SURROUNDED BY WAREHOUSE AND INDUSTRY, THE AIR ZONED LI. OTHER THAN THE STIPULATIONS IN THE CASE REPORT WHICH OBVIOUSLY, INCLUDE A LIMITATION ON HEIGHT OF 21 FEET FOR THE LIGHTING, AND IT COMPLIES WITH THE LIGHT , STAFF IS RECOMMENDING APPROVAL OF THIS REQUEST.>> DO YOU MIND GOING BACK TO THE MAP? I THINK YOU ARTICULATED THIS IS RIGHT IN THE MIDDLE OF AN INDUSTRIAL ZONE, RIGHT, SO IT DOESN'T LOOK LIKE ANY RESIDENCE, ONLY WAREHOUSES WOULD BE POTENTIALLY IMPACTED AT NIGHT, WHICH LARGELY THESE WAREHOUSES ARE NOT, THESE ARE ONLY DURING THE DAY. ANY QUESTIONS FOR STAFF? OTHERWISE THIS IS A PUBLIC HEARING.
>> SEEING NONE, YOU CAN HAVE A SEAT. I DON'T HAVE ANY CARDS FOR THIS PARTICULAR ITEM BUT ANYONE WISHES TO SPEAK FOR OR AGAINST, YOU MAY APPROACH THE PODIUM NOW.
>> MY NAME IS MICHAEL BLACKMORE, I'M HERE TO ANSWER ANY
QUESTIONS . >> I DON'T HAVE ANY OTHER SPEAKERS, WITH THAT, I WILL CLOSE THE PUBLIC HEARING. ANY QUESTIONS FOR STAFF OR THE APPLICANT AGENT HERE, YOU MAY
ADDRESS THOSE NOW. >> SEEING NONE, I WILL ENTERTAIN A MOTION. COUNCILMEMBER PALACIOS?
>> I MOVE THAT WE APPROVE AGENDA ITEM NUMBER 14.
>> COUNCILMEMBER AND DEPUTY MAYOR PRO TEM PALOMO .
>> I WOULD SECOND THAT. >> I HAVE A MOTION AND A SECOND, TO APPROVE ITEM NUMBER 14, CASE NUMBER PLSUP 2025-119 DALLAS PADEL CLUB LIGHTING. ANY DISCUSSION ON THE MOTION? SEEING
MAN, I WILL CALL THE VOTE. >> AND THE MOTION PASSES UNANIMOUSLY, CONGRATULATIONS. IT TAKES US TO ITEM NUMBER 15, HOLD A PUBLIC HEARING TO CONSIDER AN ORDINANCE AMENDING THE ZONING TO US BUT ESTABLISH A SPECIAL USE PERMIT TO ALLOW AND ALL OTHER AMUSEMENT AND RECREATION USES AND ACTIVITIES LOCATED AT 2661 MIDWAY ROAD SUITE 110 AND ZONED LIGHT INDUSTRIAL DISTRICT, AMENDING THE OFFICIAL ZONING MAP ACCORDINGLY, CASE NUMBER PLSUP 2025-119 DALLAS PADEL CLUB LIGHTING ONE, MR. SHAPIRO.
>> AT EVENING, MAYOR, COUNCIL, THE APPLICANT PROPOSING TO PLACE AND ALL AMUSEMENT AND RECREATIONAL USE ACTIVITIES, SINCE IT IS A LOUNGE, BUT SPECIFICALLY CLASSIFIED, THAT'S HOW WE KIND OF IDENTIFY IT, SOME THINGS TO NOTE, IT WILL NOT HAVE SMOKING, IT IS SPECIFICALLY STIPULATED IN THE APPROVAL RECOMMENDATIONS, ALSO, STAFF IS RECOMMENDING THAT THEY LIMIT THEIR HOURS TO IT MONDAY THROUGH SUNDAY, 11:00 TO 2:00 A.M. THE APPLICANT HAD SLIGHTLY LATER HOURS AND THE REASON WHY WE ARE WANTING TO DO THAT IS WE WANT TO ENSURE THAT SHOULD THE APPLICANT DECIDE ALTHOUGH THEY INDICATED THEY WON'T SERVE ALCOHOL, SHOULD THEY DO SO, BE IT BYOB, THAT THEY ADHERE TO THE HOURS BECAUSE THAT IS A REQUIREMENT. AND SO, FROM THE STAFF'S PERSPECTIVE, WE DON'T HAVE ANY ISSUES ON THE PROPERTY, WE HAVEN'T HAD ANY CONCERNS THAT HAVE BEEN BROUGHT UP, BUT WITH THAT SAID, WE FEEL THE STIPULATION SHOULD BE IN PLACE, IF THE SEP WERE TO BE SUPPORTED BY COUNSEL. THE APPLICANT IS HERE TO ANSWER ANY QUESTIONS AND I'M HERE AS WELL.
>> OKAY, PRETTY GOOD, ANY QUESTIONS? COUNCILMEMBER
WATTERS? >> THANK YOU MR. SHAPIRO. I NOTED IN THE CLIENTS DOCUMENTATION THAT THERE IS A PROGRAM FOR OPEN MIC, ALTHOUGH I KNOW IT LOOKS LIKE THERE ARE NO RESIDENTIAL AREAS AROUND IT, IS THERE A POTENTIAL FOR A VIOLATION OF NOISE ORDINANCES ESPECIALLY SINCE THEY ARE OPEN
UNTIL 2:00. >> THAT'S WHY WE HAVE THE STANDARDS IN PLACE, SO WE WILL JUST ENSURE THAT DOES NOT HAPPEN BY JUST MONITORING IT. BUT FROM OUR STANDPOINT, FROM A LAND-USE STANDPOINT, WE FEEL IT'S APPROPRIATE WITH THE STIPULATIONS. WE ALREADY HAVE NOISE REGULATIONS IN PLACE, SHOULD THERE BE A PROBLEM THAT COMES UP IN THE FUTURE.
>> THANK YOU. >> MR. SHAPIRO, IT'S POINTED OUT IN THE WRITEUP, REGARDING NO HOOKAH SALES. THAT'S A SEPARATE PROCESS, SEPARATE SU P, IF THE APPLICANT HAD A DESIRE TO OFFER HOOKAH IT WOULD BE A SEPARATE APPLICATION?
>> THEY WOULD HAVE TO GO THROUGH A USE SPECIAL USE PROCESS TO
[01:30:01]
MODIFY THE SUP SHOULD IT BE APPROVED.>> COUNCILMEMBER CARPENTER. >> MR. MAYOR, YOU ANSWERED --
ASKED MY QUESTION. >> VERY GOOD. COUNCILMEMBER
FLEMING? >> MR. SHAPIRO, ON HERE, IT'S SUP FOR ALL OTHER RECREATION USES, IS THAT A GENERAL?
>> YES, BECAUSE IT CAN'T BE SPECIFICALLY CLASSIFIED, THAT'S WHY WE HAVE A USE THAT'S IN PLACE TO IDENTIFY IT, SO, THAT'S WHY IT'S THE LONG NAMED USE.
>> SO THIS WOULD BE MORE OF A LOUNGE.
>> IT WOULD BE CLASSIFIED AS THAT BUT THE KEY IS, NO SMOKING.
>> THANK YOU, SIR. >> COUNCILMEMBER PRO TEM AXBERG.
>> WAS PUBLIC SAFETY CONSULTED WITH ANY KIND OF PUBLIC SAFETY
THINGS REGARDING THE LAND USE? >> WE DID NOT RECEIVE ANY, NO.
>> OKAY, THANK YOU. >> THIS IS A PUBLIC HEARING, SO MR. SHAPIRO IF YOU WANT TO HAVE A SEAT, I WILL OFFER THE APPLICANT IF HE'S HERE, TO SPEAK TO COUNSEL, MAYBE MAKE A STATEMENT, YOU DON'T HAVE TO, BUT IT'S UP TO YOU.
>> THANK YOU. >> MY NAME IS , I'M A RESIDENT OF FRISCO, TEXAS BUT I HAVE BUSINESSES HERE IN THE CITY OF CARROLLTON, AND I'M PROUD TO BE A MEMBER OF THE METRO CREST CHAMBER OF COMMERCE. THIS PARTICULAR VENTURE OF OURS IS A SOCIAL HOUSE. IT HAS BEEN MISCONSTRUED THROUGHOUT THE COURSE OF OUR APPLICATION PROCESS WITH PEOPLE HAVING DIFFERENT INTERPRETATIONS OF WHAT THE USE OF THE SPACE GOOD POTENTIAL HE BE. I WILL START OFF BY SAYING THAT I AM THE CO-OWNER AND THE GENERAL MANAGER OF CAFÉ, WHICH IS A STONE THROW FROM CARROLLTON'S BORDER. WE'VE BEEN OPERATING FOR OVER A YEAR AND A HALF, SERVING MORE THAN 150,000 GUESTS, AND HAVE HAD ZERO POLICE COMPLAINTS AND WE ARE THE OWNERS AND OPERATORS OF KINGS CAVE WHICH OPENED IN THE CITY OF CARROLLTON AND WE ARE EXCITED ABOUT THE EMBRACE THAT WE'VE GOTTEN FROM THE CITY AND ITS MEMBERS. NOW, CODED LOUNGE IS AN ALTERNATIVE CONCEPT FROM WHAT WE CURRENTLY HAVE, WHICH IS A PLACE WHERE PEOPLE WHO MAY NOT WANT TO CONSUME ALCOHOL OR BE IN THE PRESENCE OF ALCOHOL CAN STILL HAVE A RETREAT WHERE THEY CAN SOCIALIZE, HANG OUT, MEET, HAVE FUN IN A DIFFERENT KIND OF WAY. I COME FROM A CULTURE WHERE FAMILY MEMBERS, THEY DON'T PARTAKE IN ALCOHOL AND THEY TOO, NEED A SPACE, A SAFE SPACE TO SOCIALIZE AND GATHER. NOW, WHILE THAT IS NOT A VERY COMMON CONCEPT, IT'S USUALLY MISCONSTRUED TO BE A HOOKAH LOUNGE. SO THROUGH THE PROCESS THERE'S ALWAYS QUESTIONS ABOUT, ARE YOU GOING TO SELL HOOKAH, ARE YOU GOING TO SELL HOOKAH, IT'S LIKE IF I WERE GOING TO SELL HOOKAH, I WOULD HAVE APPLIED FOR THAT AND GONE THROUGH THE PROCESS BUT THERE'S ALWAYS CONCERNS ABOUT SECURITY, SECURITY, THIS AND THAT, WHICH IS INHERENT IN THAT KIND OF BUSINESS BUT IN THE ABSENCE OF ALCOHOL AND THE ABSENCE OF HOOKAH, I DON'T UNDERSTAND WHY THE BUSINESS IS STILL LIMITED IN ITS HOURS OF OPERATION AS WAS PART OF THE RECOMMENDATION FROM THE PLANNING AND ZONING COMMITTEE. MY PLEA WITH HIS COUNSEL IS THE HOURS OF OPERATION, THAT IT'S STRICT ENOUGH TO ALLOW THE BUSINESS, ALLOW THE OTTOMAN ORDERS TO MOVE FORWARD WITH THEIR IDEAS OF WHAT A BUSINESS SHOULD BE, AND SHOULD WE FIND THE NEED TO ADJUST, WE SHOULD ADJUST ACCORDINGLY. WHAT I THINK THE RESTRICTION IS DOING IS TO FORCE US TO CONFORM TO CERTAIN MISCONCEPTIONS ABOUT WHAT WE THINK WE ARE TRYING TO DO WITHOUT UNDERSTANDING WHAT THE CONCEPT IS. AGAIN, MY POINT IS, IF WE ARE NOT SELLING ALCOHOL AND IF WE ARE NOT DOING BYOB, THERE'S NO REASON WE SHOULD BE FORCED TO CLOSE AT A TIME THAT IS NOT PART OF OUR BUSINESS OPERATION. AND I THINK
[01:35:01]
THAT RESTRICTION IS AS A RESULT OF A FUTURE STATE ASSUMPTION AS OPPOSED TO A CURRENT STATE FACT THAT IS ALREADY INCLUDED IN MY APPLICATION PACKET. BESIDES THAT, I'M HAPPY TO ANSWER ANY QUESTIONS YOU GUYS MIGHT HAVE REGARDING THE BUSINESS OR THEMODEL. >> I BELIEVE YOUR ORIGINAL APPLICATION REQUESTED 11:00 A.M. UNTIL 2:00 A.M., MONDAY THROUGH THURSDAY AND ARTICULATING HERE IS THAT THE STIPULATIONS AS RECOMMENDED BY STAFF AND APPROVED BY PLANNING AND ZONING IS 11:00 TO 2:00 MONDAY TO SUNDAY. SO IT'S THE WEEKEND HOURS THAT YOU TAKE
EXCEPTION WITH? >> THAT'S CORRECT.
>> TO THE EXTENT THAT THIS BODY HEARS, IT UPHOLDS THESE RECOMMENDATIONS. IS THAT, DOES THAT IS THAT YOUR ENTIRE
BUSINESS MODEL WORK? >> IT BEGS THE QUESTION, THE INTENT FOR THE RECOMMENDATION. IF THERE ARE OTHER BUSINESSES THAT CAN OPERATE 24 HOURS, THAT CAN OPERATE LATER INTO THE EVENINGS, WHY THE LIMITATION OF MY MODEL? LET'S BE FAIR AND IF WE USE THE SAME STANDARD FOR OTHERS, MAKE IT APPLICABLE TO
OTHERS. >> YOU STARTED WITH THERE, THERE WERE MISCONCEPTIONS, YOUR WORDS, NOT MY WORDS.
>> BUT THE MISCONCEPTIONS COME FROM THE ASSUMPTIONS ABOUT CONCERNS. SO TWO QUESTIONS ARE REALLY RAISED HERE. THERE IS THE ASSUMPTION THAT ANYTHING THAT GOES BEYOND 2:00 A.M., IS A HAVEN FOR, YOU KNOW, PUBLIC INDECENCY BUT THAT'S NOT TRUE.
THERE ARE OTHER BUSINESSES THAT OPERATE SUCH AS LIBERTY AND LEEWAY, I WOULD LIKE TO SEE THAT WE AS AN ALDERMAN OR GROUP NOT BE INHIBITED BY THE PLANNING AND ZONING RECOMMENDATIONS. PUTTING FORTH OUR CONCEPT AND LET S BE PROSPEROUS IN THE CITY OF
CARROLLTON. >> I APPRECIATE THAT. I HAVE A QUESTION AT LEAST ONE, FOR YOU, COUNCILMEMBER FLEMING.
>> YES SIR, I HAVE THE PLEASURE OF MEETING YOU LAST WEEK AT YOUR GRAND OPENING AT THE KING K SPORTS BAR AND GRILL. A FINE ESTABLISHMENT, AND YOU OWN CAFÉ NEWBIE OUT WHICH IS RIGHT AROUND THE CORNER AS WELL. I HAVE THE OPPORTUNITY TO VISIT THAT AS WELL. THANK YOU FOR DOING BUSINESS IN THE CITY OF CARROLLTON. I WANT TO GET BACK TO SOME OF YOUR, WELL YOU MADE A STATEMENT REGARDING A LITTLE BIT OF CONFUSION. SO IF YOU COULD JUST WALK ME THROUGH WHAT THE CONFUSION IS.
>> IT WAS JUST THROUGHOUT THE APPLICATION PROCESS, RIGHT, DOING THE REDEVELOPMENT MEETINGS AND CONVERSATION WITH THE CITY.
THERE WAS THE ASSUMPTION -- >> IF YOU WOULD, PLEASE SPEAK
CLOSER TO THE MICROPHONE. >> THERE WAS THE ASSUMPTION THAT WE WOULD BE SERVING HOOKAH AND I TOLD HIM WELL, THAT IS NOT WITHIN THE EXISTING OPERATING MODEL. IF WE ARE AND IF WE DO INTEND TO SERVE HOOKAH, WE WOULD GO THROUGH THE PROPER PROCESS TO GET THE ORDINANCE. BUT WE WERE TOLD TO CONFORM TO CERTAIN THINGS IN THE APPLICATION PROCESS, IN ORDER TO GET MORE EXPEDITED, YOU KNOW, A REVIEW AND APPROVAL PROCESS. SO, AS A BUSINESS WE HAD TO GO BACK AND REASSESS AND FIGURE OUT, WELL WHAT DO WE TAKE OUT AND WHAT DON'T WE TAKE OUT. BUT THEN I QUESTIONED MYSELF AS WELL, WHY WOULD I BE TOLD NOT TO PUT HOOKAH IN THE APPLICATION PROCESS IF THERE ARE OTHER PEOPLE WHO ARE DOING HOOKAH, AND THEY ARE STAYING OPEN UNTIL LATE, IF IT IS ILLEGAL TO DO HOOKAH IN THE CITY OF CARROLLTON, THE LET'S MAKE IT ILLEGAL BUT NOT TRY TO PIGEONHOLE PEOPLE THAT ARE COMING THROUGH THE PROPER CHANNEL OF THE APPLICATION PROCESS TO COERCE THEM INTO CHANGING THEIR OPERATING MODEL JUST TO GET PERMITS. BE THAT AS IT MAY, WE DID NOT INTEND TO SERVE HOOKAH BUT WE ALSO AS A BUSINESS WOULD LIKE TO MAINTAIN THE LIBERTY AND FREEDOM TO PURSUE WHATEVER OPPORTUNITY THAT PRESENTS ITSELF AND OF COURSE, GO THROUGH THE PROPER APPLICATION PROCESS. YOU WERE
[01:40:07]
TOLD -- >> WERE YOU TOLD NOT TO PUT
HOOKAH ON THE APPLICATION? >> YES I WAS ADVISED NOT TO PUT LIQUOR ON THE APPLICATION, SO THAT, I WAS ADVISED NOT TO PUT
BYOB. >> WE SAID, OKAY, I'M GOING TO TAKE IT OFF AND THEN AT THE BACKEND I GET SLAPPED AND THEY SAID WELL, YOU HAVE TO REDUCE YOUR HOURS OF OPERATION TO 2:00 A.M. BECAUSE OF THE POTENTIALLY -- POTENTIALLY ADDING BYOB. WE WENT TO HAVE A NON-ALCOHOL SELLING ENVIRONMENT SO THAT OUR NONALCOHOL CONSUMING PATIENTS CAN HAVE A PLACE WHERE THEY CAN MEET WITH OTHER PEOPLE AND HAVE A GOOD TIME. AND, IF FOR WHATEVER REASON I FEEL THE BUSINESS CHOOSES TO BE BYOB, WE WILL GO THROUGH THE PROPER PROCESS
>> THANK YOU FOR YOUR COMMENTS, SIR.
>> DEPUTY MAYOR PRO TEM PALOMO. >> I HAVE TWO QUESTIONS, THE FIRST ONE IS , I THINK YOU SAID THERE WAS SOME CONFUSION ON WHAT THE DEFINITION OF A LOUNGES BUT MY QUESTION IS IN REGARDS TO ONE OF THE THINGS I'M READING HERE, IT SAYS THAT YOU INTEND TO HOLD SPECIAL EVENTS AND SERVE MEALS? IS THAT WITH THE INTENT OF THE
SPACE IS? >> YES, STARBUCKS IS A LOUNGE, RIGHT? IT IS A LOUNGE, FOR ALL INTENTS AND PURPOSES. IT USED TO BE A COFFEE SHOP AND NOW IT'S A LOUNGE. ANYPLACE WHERE YOU HAVE COMFORTABLE SEATING WHERE PEOPLE CAN SIT FOR A LONG TERM, IT'S A LOUNGE, PARTICULARLY IN THIS BUSINESS. WE INTEND TO SERVE PREPACKAGED FOOD, NOT PREPARED FOOD BUT PREPACKAGED.
>> THAT ANSWERED ONE OF MY QUESTIONS. THE SECOND ONE IS WHAT WERE THE ORIGINAL HOURS REQUESTED AND WHAT DID PNC
REQUEST ? MORE >> ON THE WEEKENDS TO OPEN UNTIL 4:00 BUT THE RECOMMENDATION WAS UNTIL 2:00 A.M.
>> THE POSSIBILITY OF ALCOHOL CONSUMPTION.
>> RIGHT. OKAY. >> MY NEXT QUESTION IS FOR MR. SHAPIRO, IT'S MORE ALONG THE LINES OF, WE HAVE" ON THIS REQUEST, ALL OTHER AMUSEMENTS AND RECREATION USES AND ACTIVITIES. CAN YOU PLEASE EXPLAIN TO US, WHAT THAT IS
SUPPOSED TO ENTAIL? >> THAT'S THE LAND USE THAT IS IDENTIFIED IN THIS PARTICULAR CASE. WE HAVE NO LAND USE FOR SOLELY A LOUNGE. IT COVERS A SERIES OF USES, SO THAT IS WHAT THIS TERM MEANS. AND SO, SINCE, WHAT THEY DESCRIBED IN THE NARRATIVE, MOST RESEMBLES THAT USE, IT'S KIND OF A MISCELLANEOUS USE THAT WE HAVE FOR IT. AS A RESULT, WE REQUIRE A SPECIAL USE PERMIT FOR USE LIKE THIS.
>> SO, IF WE VOTE ON THE SPECIAL USE PERMIT TO PASS THAT TONIGHT.
WHAT OTHER OPTIONS FALL UNDER THAT CATEGORY? IS IT LIKE, YOU CAN PUT A POOL HALL OR FOOSBALL TABLES, I MEAN I'M NOT REALLY CERTAIN BUT THAT WILL OPEN IT UP.
>> IT'S KIND OF A CATCHALL, ADMITTEDLY. BUT THAT'S WHY WE REQUIRE AN SUP, BECAUSE I DOES COVER SO MANY USES. WE BRING IT TO THIS BODY TO CONSIDER USES WHERE THERE IS NO QUESTION ON HOW IT WOULD IDENTIFY SO IT'S GROUPED UNDER THAT PARTICULAR
USE. >> OKAY, AND MY NEXT QUESTION IS, AS FAR AS CREATING A LOUNGE, IS THERE GOING TO BE ANY LOUD
MUSIC? >> NO, THE MUSIC WILL BE AMBIENCE MUSIC, SO PEOPLE CAN HAVE CONVERSATIONS AND BE ABLE
TO ENJOY IT. >> NO DJS OR SPECIAL BANDS OR
ANYTHING COMING INTO THE SPACE? >> NO SPACE FOR BANDS, IF WE DO A KARAOKE, WE WOULD HAVE A DJ TO DO KARAOKE. BUT THERE ARE
[01:45:04]
SPECIFIC DETAILS FOR THAT. >> BUT STAFF, MR. SHAPIRO, AGAIN, IF THEY ARE GOING TO HAVE OPEN MIC NIGHT , BASED ON THE QUESTION, ARE THEY PRECLUDED FROM HAVING A DJ NIGHT?
>> NO. >> THEY COULD HAVE IT, IF THAT
WAS THE THEME OF THE NIGHT. >> I THINK THAT'S ALL MY
QUESTIONS. THANK YOU. >> I MIGHT HAVE A FEW MORE QUESTIONS FOR YOU. COUNCILMEMBER KLEIN.
>> I THINK MY QUESTION, NOT SURE WHO IT'S FOR, I UNDERSTAND THE INTENTION OF WHAT YOU ARE DEVELOPING AND I HAVE A COUPLE OF QUESTIONS ABOUT WHAT MIGHT OCCUR. I SEE NO ALCOHOL SALES AND YOU KIND OF SAID, BYOB BUT NO BYOB. SO, WHAT HAPPENS IF SOMEONE SHOWS UP WITH A BOTTLE OF WINE? WHAT IS THE CONSEQUENCE
THERE? >> IF WE DON'T HAVE A BYOB LICENSE, WE CANNOT OPERATE BYOB. IF SOMEBODY SHOWS UP WITH A BOTTLE OF WINE, THAT'S NOT ACCEPTABLE. AND I THINK THAT'S APPLICABLE IN ANY OTHER BUSINESS WHERE --
>> YOU HAVE A BYOB PERMIT PROCESS. SO THAT'S SEPARATE AND
APART. >> OKAY, AND I WAS HEADED FOR THE NEXT ONE WHICH IS NO HOOKAH SALES. IS IT POSSIBLE , DO WE
HAVE A BYO HOOKAH? >> THAT'S A DIFFERENT PROCESS AND THAT'S NOT WHAT HE IS APPLYING FOR.
>> JUST TRYING TO UNDERSTAND. >> ACTUALLY, WE ARE NOT.
>> JUST THINKING ABOUT THE HOURS.
>> EXCUSE ME. >> IS THERE SOMETHING SIMILAR IN THE REGION TO WHAT , I UNDERSTAND YOU'VE GOT OTHER LOCATIONS, IS THERE ONE THAT STAYS OPEN UNTIL 4:00 IN THE
MORNING? >> YES, OR SOMETHING SIMILAR, IT'S CALLED 360 HOOKAH AND IT STAYS OPEN UNTIL 5:00 A.M. IN THE MORNING. THE DIFFERENCE IS THAT THEY SELL HOOKAH. HAVE YOU
BEEN THERE? >> NO SIR, I DON'T THINK I'M
YOUR TARGET AUDIENCE. >> IT'S A BIG SPACE. NOT SIMILAR BUT THEY DO SELL HOOKAH AND THEY DON'T HAVE ALCOHOL AND THEY ARE OPEN UNTIL 5:00 IN THE MORNING AND I CAN LIST A FEW MORE, IF I MAY, BUT THE THING IS THIS, THE SIMILARITY IS NOT WHAT
WE GO FOR, RIGHT? >> DIFFERENTIATION.
>> DIFFERENTIATION, SOMETHING UNIQUE, SOMETHING DIFFERENT.
SOMETHING THAT COULD BE WELL RECEIVED IN THE COMMUNITY. ALSO, SOMETHING THAT IS COMPLEMENTARY TO THE EXISTING BUSINESSES THAT WE HAVE AS WELL. IT'S A PRIVATE SPORTS BAR. I DON'T WATCH SPORTS, BUT I HAVE A SPORTS BAR.
>> COUNCILMEMBER FLEMING? >> YES, COUNCILMEMBER PALOMO MENTIONED A DJ , IF YOU HAD A DJ, WITH THAT BE ON THE INSIDE
OR THE OUTSIDE? >> INSIDE, IF I HAVE A DJ, BUT TO THE MAYOR'S POINT, IF I HAVE OPEN MIC OR KARAOKE, IF I DO KARAOKE, THEY ARE DJS. SO IT'S INSIDE, I DON'T HAVE AN OUTDOOR
AREA. >> I THOUGHT THAT'S WHAT YOU ARE GOING TO SAY, I JUST WANTED TO ASK YOU THAT QUESTION.
>> MR. SHAPIRO, I HAVE A QUESTION FOR YOU. SO, IN THE TECHNICAL COMMENTS , IT'S CLEAR THAT THE APPLICANT WANTED TO BE OPEN UNTIL 4:00 A.M., FRIDAY THROUGH SATURDAY. IT SAYS STAFF RECOMMENDS MODIFYING THE HOURS TO CLOSE NO LATER THAN 2:00 A.M.
BECAUSE THEY ARE CONSIDERING CONSUMPTION OF ALCOHOL IN THE FUTURE, SHOULD THEY CONSIDER THAT, WOULDN'T THAT PERMIT PROCESS REQUIRE THE HOURS TO CLOSE AT 2:00, THAT'S WHY YOU
ARE SUGGESTING THAT, I PRESUME. >> THAT'S CORRECT.
>> IN THE INSTANCE WHERE THEY DON'T HAVE ALCOHOL SALES, THEY WOULD BE PERMITTED TO STAY OPEN UNTIL 4:00.
>> IT WOULD BE POSSIBLE TO DO THAT.
>> BASED ON THE SUP. >> BASED ON PNC, UNTIL 2:00 A.M., IF THE COUNCIL, BASED ON THIS HEARING CHOOSES TO MODIFY THAT BACK TO THE APPLICANT HOURS, YOU CAN DO THAT BUT IT WOULDN'T ALLOW TO YOUR POINT, ALCOHOL, BYOB OR SALES TO INTRODUCE BYOB OR ALCOHOL SALES, WHATEVER THE REQUIREMENTS ARE AT THAT POINT WOULD OR HOOKAH AND THAT TYPE OF THING
[01:50:04]
AND IT'S NOT NECESSARILY TRYING TO HAVE A MISCONCEPTION OF WHAT YOU ARE TRYING TO DO WITH IT, JUST TRYING TO MAKE SURE THAT WE ARE CONSIDERING YOUR CASE THE WAY YOU ARE ASKING. SO YOU ARE HEARING SOME RECEPTION FOR HOURS, UNDERSTANDING THE DIFFERENCE BETWEEN A HOOKAH LOUNGE AND OTHER ARRANGEMENT IF YOU WILL. CURRENT BUSINESS MODEL AS PRESENTED TO US. WE JUST WANT TO MAKE SURE THAT YOU ARE CLEAR THAT IF THIS IS APPROVED WITH THE HOURS YOU RECOMMENDED OR THE HOURS THAT STAFF RECOMMENDED THAT IF YOU ULTIMATELY DECIDE TO PURSUE BYOB ALCOHOL OR DECIDE TO PURSUE HOOKAH, THOSE ARE SEPARATE PROCESSES SEPARATE FROM WHAT YOU ARE BEING GRANTED TONIGHT. COUNCILMEMBER.>> JUST THE LAST PART OF WHAT YOU SAID, I JUST WANTED TO ASK MR. SHAPIRO. IF THAT IS INDEED THE CASE. I UNDERSTAND THAT FOR BYOB WHICH YOU STIPULATED. WOULD THAT BE THE SAME INSTANCE FOR HOOKAH IF YOU DECIDED TO MAKE IT, WOULD HE NEED TO CHANGE THE HOURS ALONG WITH THAT TO 2:00 A.M. IF WE WERE TO STIPULATE THIS TO BE ABLE TO EXTEND TO 4:00 A.M.?
>> ANYTHING WITH BYOB HAS TO ADHERE TO THOSE HOURS.
>> INCLUDING SMOKING AND HOOKAH. THAT'S CORRECT?
>> IF A SUBSEQUENT SU P WAS PRESENTED TO COUNSEL SEPARATE FROM THIS, WITH OR WITHOUT CHANGES. HYPOTHETICALLY A HOOKAH COMES BACK TO US AND LET'S ASSUME IT'S AT 4:00 A.M. THIS BODY APPROVES 4:00 A.M. THEN THE HOOKAH WOULD HAVE ITS OWN SET OF HOURS THAT WOULD BECOME REPLACED THESE HOURS.
>> THAT IS CORRECT. >> THANK YOU.
>> I DON'T HAVE ANY OTHER QUESTIONS. THE APPLICANT HAS SPOKEN. THIS IS A PUBLIC HEARING. I'M GOING TO OPEN UP THE PUBLIC HEARING AND ALLOW ANYONE WISHING TO SPEAK ON THIS TO APPROACH THE PODIUM. I DON'T HAVE ANY CARDS FOR THIS ITEM. I TAKE THAT BACK. I DON'T HAVE ANY CARDS FOR THIS PARTICULAR ITEM. BUT IF ANYONE WISHES TO SPEAK FOR OR AGAINST YOU MAY APPROACH NOW. SEEING THEM, I'M GOING TO CLOSE THE PUBLIC HEARING AND STAFF, ANY OTHER QUESTIONS FOR THE APPLICANT? OTHERWISE I WILL ENTERTAIN A MOTION. COUNCILMEMBER FLEMING.
>> I'D LIKE TO MAKE A MOTION THAT WE APPROVE AGENDA ITEM 15.
WITHOUT THE STIPULATIONS. >> SO THE STIPULATIONS ARE ONE THROUGH FIVE. SO YOU ARE WANTING TO STRIKE ALL STIPULATIONS. JUST
WANTING TO CLARIFY. >> JUST THE HOURS ON THE
WEEKEND. >> CURRENTLY 11:00 A.M. TO 2:00 A.M. I THINK JUST TO REVERT TO THE APPLICANT ORIGINAL REQUEST WHICH WOULD BE MONDAY THROUGH THURSDAY 11:00 A.M. TO 2:00 A.M.
AND FRIDAY THROUGH SUNDAY. >> OKAY. WE'VE GOT A MOTION.
LOOKING FOR A SECOND. COUNCILMEMBER.
>> THANK YOU MAYOR. I'D LIKE TO SECOND THE MOTION.
>> I HAVE A MOTION BY COUNCILMEMBER FLEMING AND SECOND BY MAYOR PRO TEM TO APPROVE ITEM NUMBER 15 WHICH IS 2025-150 LOUNGE CAFE AMENDING THE STIPULATION TO ALLOW ITEM NUMBER FOUR MONDAY THROUGH THURSDAY 11:00 TO 2:00 A.M. AND FRIDAY THROUGH SUNDAY 11:00 TO 4:00 A.M. ANY DISCUSSION ON THE MOMENT? SEEING THEN I WILL CALL THE VOTE. AND THE MOTION PASSES WITH COUNCILMEMBER OPPOSED. CONGRATULATIONS. STAFF WILL HAVE FURTHER DIRECTION FOR YOU. MY NEXT ITEM IS ITEM 16. HOLD A PUBLIC HEARING TO CONSIDER AN ORDINANCE AMENDING THE ZONING TO ESTABLISH A SPECIAL USE PERMIT TO ALLOW AN AMUSEMENT ARCADE EXCLUDING ADULT ARCADE LOCATED AT 2760 EASTERN MILLS ROAD SUITE 120 END ZONE FOR THE LR TO LOCAL RETAIL DISTRICT AMENDING THE
OFFICIAL ZONING MAP . >> I UNDERSTAND THERE WAS
[01:56:30]
CONCERN ABOUT THE BUSINESSES BUT OUR SHOP CONCEPT AND HOURS ARE VERY DIFFERENT. FOCUS ENTIRELY ON WHOLESALE AND CASUAL ENTERTAINMENT. I HAVE ALSO REVIEWED A STAFF REPORT AND UNDERSTAND ALL THE STIPULATIONS AND I'M HAPPY TO ANSWER ANYQUESTIONS. >> ANY QUESTIONS FOR THE APPLICANT? IF YOU'D LIKE TO HAVE A SEAT WE MIGHT HAVE SOME AFTER THE PUBLIC HEARING. THIS IS A PUBLIC HEARING. I WILL OPEN UP THE PUBLIC HEARING. THE ONLY CARD I HAD WAS THE APPLICANT.
YOU MAY APPROACH THE PODIUM NOW. SEEING NONE, NO NEED FOR A REBUTTAL SINCE WE HAD NO COMMENT. BUT COUNSEL, I WILL OPEN IT UP FOR FURTHER QUESTIONS OTHERWISE ENTERTAIN A MOTION.
COUNCILMEMBER PALACIOS. >> I MOVE THAT WE APPROVE AGENDA
ITEM 16. >> I WILL SECOND THAT MOTION.
>> I HAVE A MOTION BY COUNCILMEMBER PALACIOS AND A SECOND BY MAYOR PRO TEM TO APPROVE ITEM NUMBER 16. CLAW UP ARCADE. ANY DISCUSSION? SEEING NONE, I WILL CALL THE VOTE. THE MOTION PASSES UNANIMOUSLY. CONGRATULATIONS. I LOOK FORWARD TO USING THE CLOCK. HAVE A GOOD EVENING. THAT TAKES US TO OUR PUBLIC FORUM. I DON'T HAVE ANY CARDS SPECIFICALLY FOR THE OPEN FORUM BUT IF ANYONE WISHES TO ADDRESS COUNSEL ON ANY TOPIC YOU MAY DO SO BY APPROACHING THE PODIUM. NOBODY IS RUSHING TO THE PODIUM. I'M GOING TO
* This transcript was compiled from uncorrected Closed Captioning.