[I) Call Meeting to Order and Roll Call] [00:00:03] YEAH, BUT, I MEAN, IT'S 50 BUCKS A NIGHT. ALL RIGHT. GOOD EVENING. TODAY IS TUESDAY, SEPTEMBER 24TH, AND THE TIME IS 6:30 P.M. AND I'D LIKE TO CALL THIS REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION TO ORDER. MAY I HAVE A ROLL CALL, PLEASE? LORI. HERE. MARTHA. HERE. DAIGLE. HERE. ONKEN. HERE. SHEILA. HERE. SERRATO. HERE. OKAY THANK YOU. [II) Approval of Minutes] ALL RIGHT. APPROVAL OF MINUTES. ITEM NUMBER TWO. APPROVAL OF MINUTES. ITEM 2.1. CONSIDER APPROVAL OF THE PLANNING AND ZONING COMMISSION. SEPTEMBER 10TH, 2024. REGULAR MEETING MINUTES. WE WOULD NEED A MOTION AND A SECOND TO APPROVE THOSE. I'D LIKE TO MAKE A MOTION TO APPROVE THE VERY SHORT MINUTES FOR THAT MEETING. SECOND. OKAY, WE HAVE A MOTION FROM COMMISSIONER SHEEHAN AND A SECOND FROM COMMISSIONER SERATO TO APPROVE THOSE. IS THERE ANY DISCUSSION ON THAT? OKAY. ALL THOSE IN FAVOR, PLEASE SAY AYE. AYE. ALL OPPOSED? SAY NAY. [III) Citizen Comment Period with Planning & Zoning Commission ] MOTION CARRIES. ITEM NUMBER THREE. CITIZEN COMMENT PERIOD. THE PLANNING AND ZONING COMMISSION WELCOMES COMMENTS FROM CITIZENS EARLY IN THE AGENDA OF OUR REGULAR MEETINGS. SPEAKERS ARE PROVIDED WITH AN OPPORTUNITY TO SPEAK DURING THIS TIME PERIOD ON ANY AGENDA ITEM OR ANY OTHER MATTER CONCERNING CITY BUSINESS, AND THEY MUST OBSERVE THE THREE MINUTE TIME LIMIT. SO AT THIS TIME, I'LL OPEN CITIZEN COMMENTS. OKAY, WE'LL CLOSE THOSE. THANK YOU. [2) Consider approval of a conditional use permit located at 6121 Post Road. (Crossroad Vintage Restorations - CUP-24-0115)] ITEM NUMBER FOUR CONSIDER IMPOSSIBLE ACTION ITEM 4.2. CONSIDER APPROVAL OF A CONDITIONAL USE PERMIT LOCATED AT 6121 POST ROAD, CROSSROAD VINTAGE RESTORATIONS CORP, 240115. MR. LUTZ. THERE WE GO. SORRY ABOUT THE DELAY ON THAT, SO TONIGHT WE HAVE A CUP. OH 115. THIS IS FOR 6121 POST ROAD, THE PROPERTY THERE IS CROSSROADS VINTAGE RESTORATION. THIS IS A VINTAGE AUTOMOBILE MECHANIC SHOP. I'M NOT SURE IF Y'ALL ARE FAMILIAR WITH THAT AREA OR NOT, THE APPLICANT IS LOOKING TO CONSTRUCT A 2400 SQUARE FOOT ADDITION. PROBABLY AN ADDITIONAL THREE BAYS FOR ADDITIONAL VEHICLES. IT'S CURRENTLY BEING UTILIZED. AN AUTO REPAIR SHOP. THEY'RE JUST SEEKING THAT EXPANSION. THE USE IS ALLOWED BY THE EXISTING ZONING DISTRICT, THE PROPERTY IS HAS AN EXISTING SEPTIC FIELD. SO THE NEW ADDITION IS GOING TO GO PARTIALLY INTO THAT EXISTING SEPTIC FIELD. AND THAT EXISTING SEPTIC FIELD IS GOING AWAY. THEY'RE ACTUALLY NOW CONNECTING TO CITY SEWER, WHICH WAS NOT AVAILABLE WHEN THIS STRUCTURE WAS CONSTRUCTED IN 2017, SO APPROXIMATELY 1300FT■!S OF THE BUILDING WILL BE CONSTRUCTED IN THIS AREA. SO THAT'S NEW IMPERVIOUS COVER THAT'S BEING ADDED. SO WHEN WE LOOKED AT THE SITE PLAN, THE ZONING DISTRICT DOES ALLOW 80%. BUT HOWEVER, THE PLAT AND PROPERTY ONLY ALLOWS 71.7. AND IT HAS TO DO WITH SOME OF THE DETENTION POND. ONE OF THE LOTS IS KIND OF A DRAINAGE DETENTION. SO THAT'S WHY YOU SEE EACH LOT IN THAT PLAT IS GOING TO HAVE A LITTLE DIFFERENT. BUT BASED ON THE INCREASE, THEY'RE STILL WELL WITHIN WHAT THEY'RE UNDER. WHAT IS ALLOWED BY THE PLAT. SO THEY'LL THEY'LL COME IN RIGHT AT 71.24. LOOKING AT THE BUILDING MATERIALS ON THE BUILDING. AND I'LL HAVE THESE, THESE ELEVATIONS FOR HERE IN A SECOND. BUT THE FRONT ELEVATION, THERE'S NOT GOING TO BE NO CHANGE. THIS IS THE EXISTING BUILDING, ON THE RIGHT SIDE, THEY'RE LOOKING AT STUCCO AND STONE ON. ALL RIGHT, REAR AND LEFT ELEVATIONS. AND THOSE GENERALLY ARE HOVERING AT 5050, EXCEPT ON THE LEFT SIDE ELEVATION, THERE IS A CONSIDERABLY MORE STONE THAN STUCCO. BUT AS WE GET INTO THE IMAGES, YOU'LL KIND OF SEE WHAT WHAT I'M TALKING ABOUT, YOU WILL NOTICE THERE WAS NOT A PHOTOMETRIC SHEET OR PLAN SHEET IN YOUR PACKET. THAT'S BECAUSE NO ADDITIONS. NEW ADDITIONAL LIGHTING IS BEING PROPOSED ON THE ADDITIONAL STRUCTURE, AND THEN SOME OF THE EXISTING LANDSCAPE HAS NOT BEEN MAINTAINED. SO AS PART OF THE CUP, THEY WILL HAVE TO REPLANT SOME OF THE EXISTING VEGETATION THAT HAD DIED DURING OUR LAST DROUGHT. MOST OF THE EXISTING LANDSCAPING THOUGH IS STILL FUNCTIONAL AND LIVING. IT WAS SEVERAL TREES ALONG THE SIDEWALK ALONG THE ROAD THAT THAT NEED TO BE REPLACED, SO HERE IS THE SITE LOCATION HIGHLIGHTED THERE. AGAIN, THIS IS HEADING SOUTH TOWARDS SAN MARCOS, RIGHT OFF THE I-35 FRONTAGE ROAD. WHEN YOU EXIT POST ROAD. SO THIS IS THE PROPOSED SITE PLAN. YOU CAN SEE THE EXISTING STRUCTURE IN YELLOW OR I'M SORRY, THE PROPOSED STRUCTURE IN YELLOW. THIS IS GOING TO BE THE ADDITION. THIS IS BASICALLY THE GENERAL AREA OF [00:05:04] WHERE THEIR EXISTING SEPTIC FIELD USED TO BE, THEY HAVE THEIR FIRE LANES MARKED. THERE WAS A SLIGHT MODIFICATION TO THAT FROM THE ORIGINAL, BUT FIRE HAS APPROVED THAT AND HAVE NO CONCERNS THERE, SO HERE WE'RE TALKING ELEVATIONS. SO THIS IS I'LL TRY AND WALK YOU THROUGH THIS. WHAT YOU SEE IN THE RED BLOCKS WILL BE THE ADDITIONS TO THE EXISTING BUILDING. SO, BE A LITTLE EASIER TO SEE. SO AGAIN, THE FRONT ELEVATION, THAT'S THE EXISTING BUILDING. STONE AND STUCCO. THOSE ARE GLASS STOREFRONTS. AGAIN, THIS PROPERTY WAS DEVELOPED AS SOME OF Y'ALL. IF Y'ALL WERE ON PNC AT THE TIME, THIS WOULD HAVE BEEN CALLED CORRIDOR CORNERS, AND THAT WAS APPROVED THEN. SO WHEN WE LOOK AT THE RIGHT SIDE ELEVATION, THIS IS WHAT YOU'D SEE HEADING SOUTH TO SAN MARCOS. THE ELEVATION. THE BUILDING IS GOING TO BE IN THE BACK. SO THESE ARE THE BACK OF THE BAY. SO YOU'RE SEEING STONE AND STUCCO AS WE MOVE TO THE TOP IMAGE. THIS IS THE REAR ELEVATION, SO WHAT YOU SEE IN THE RED BOX IS JUST KIND OF THE LONG WAY LOOKING AT THAT BUILDING. IT'S THE END OF THAT ADDITION. THOSE OTHER BAYS ARE WHAT'S EXISTING NOW ON THE CURRENT BUILDING. AND THEN IMAGE FOUR OR THE BOTTOM ON THIS ONE IS THE LEFT ELEVATION. THIS IS WHAT YOU WOULD SEE IF YOU WERE DRIVING UP POST ROAD FROM SAN MARCOS, OR COMING INTO KYLE, AGAIN, THAT'S KIND OF SET BACK. THAT BUILDING IS AN L SHAPE, SO YOU'RE NOT REALLY GOING TO SEE QUITE, QUITE THAT VIEW. BUT THAT'S THAT'S WHAT THESE ELEVATIONS LOOK LIKE, SO HERE AGAIN, THIS IS THE SAME ONE THAT WE WERE JUST TALKING ABOUT. THESE ARE THE RENDERINGS ON THE REAR. THIS WOULD BE FACING SAN MARCOS OR HEADING TO AND THEN THE DUMPSTER ENCLOSURE AND THE ADDITION IN THE BACK, SO LOOKING AT THIS STAFF, DID NOTICE QUICKLY THAT THE ADDITION DID NOT MEET ALL THE REQUIREMENTS OF THE I-35 OVERLAY. AS FAR AS REGARDING THE 90% MASONRY REQUIREMENT, WE DO ALLOW STUCCO IN IN DETAIL APPLICATION. HOWEVER, ALL OTHER OF THE I-35 OVERLAY REQUIREMENTS FROM LANDSCAPING, CIRCULATION HAVE ALL BEEN MET AND SO, DO YOU TONIGHT HAVE THE OPTIONS AVAILABLE TO YOU? YOU CAN APPROVE AS PRESENTED. YOU CAN APPROVE WITH MODIFICATIONS OR YOU CAN DENY THE REQUEST, STAFF IS RECOMMENDING OPTION ONE. APPROVE AS PRESENTED. AGAIN, OUR CONCERN WAS MORE THAT THAT THIS BUILDING WOULD MATCH AND LOOK LIKE ONE COHESIVE STRUCTURE THAN KIND OF A FRANKENSTEIN'S MONSTER, WHERE WE'RE WE'RE KIND OF ADDING STUFF ON THE BACK END. SO, THIS IS OUR THOUGHT PROCESSES ON OUR RECOMMENDATION. I'LL BE ABLE TO ANSWER ANY QUESTIONS IF YOU HAVE ANY, AT THIS TIME. THANK YOU. ANY QUESTIONS FOR STAFF? I'D LIKE TO MAKE A MOTION TO APPROVE AND AT THE SAME TIME SAY CONGRATULATIONS FOR A COMPANY DOING WELL ENOUGH TO BE ABLE TO EXPAND. I SECOND. OKAY. WE HAVE A MOTION TO APPROVE THE CONDITIONAL USE PERMIT FROM COMMISSIONER SCHIELE AND A SECOND FROM COMMISSIONER SERRATO. IS THERE ANY DISCUSSION ON THE MOTION? WAS THE REASONING THAT THE EXTERIOR TO THE BUILDING DIDN'T MEET THE 90%, BUT BECAUSE THE BAYS AND THE WINDOWS LOOKED LIKE TO ME, WAS THAT WHAT YOU WERE ASSESSING? LOOKING AT THE ELEVATIONS? NO. WHAT I WAS SAYING WAS, YOU KNOW, THAT THEY BECAUSE THEY'RE DOING SO WELL NOW THAT THEY'RE EXPANDING, RIGHT, YEAH. NO I DON'T HAVE A PROBLEM WITH THIS BECAUSE OF, YOU KNOW, IT IS MATCHING WHAT IS ALREADY EXISTING THERE. AND SO IT DOES LOOK MORE COHESIVE, RIGHT? YEAH. WELL, THEN PERHAPS IT'S A QUESTION FOR STAFF THEN. MOST OF THE REST OF THAT IS GLASS AND DOORS. YES SO THAT'S WHAT THE REST OF THE WORLD. YEAH. I MEAN THERE THERE COULD HAVE BEEN A POSSIBLE WAY WHERE SOME OF THAT STUCCO WAS REPLACED WITH STONE. BUT AGAIN, YOU KNOW, TRYING TO LOOK AT THE BUILDING AND MAKE SURE EACH BUILDING. AGAIN, I'M NOT I'M NOT AN ARCHITECT. I TRY NOT TO PLAY ONE, BUT BUT ANYTIME YOU'RE TALKING ABOUT BUILDING, IF THIS WAS A SEPARATE DETACHED BUILDING OR SOMETHING LIKE THAT, THEN WE'D HAVE MORE OPTIONS. BUT WE JUST FELT LIKE STICKING WITH THE EXISTING STRUCTURE AND THE EXISTING ELEVATIONS WOULD MAKE MORE SENSE. THANK YOU. OKAY, IF NO ONE HAS ANYTHING ELSE, ALL THOSE IN FAVOR OF APPROVING, PLEASE SAY AYE. AYE. ALL OPPOSED? SAY NAY. GREAT. THAT MOTION PASSES. THANK YOU. THANK [3) Consider approval of an ordinance regarding sign and zoning code amendments per Ch. 29 and Ch. 53 of the City of Kyle Code of Ordinances. Public Hearing ] YOU. COMMISSIONERS ITEM 4.3. CONSIDER APPROVAL OF AN ORDINANCE REGARDING SIGN AND ZONING CODE AMENDMENTS PER CHAPTER 29 AND CHAPTER 53 OF THE CITY OF CAIRO. CODE OF ORDINANCES. THERE IS A PUBLIC HEARING FOR THIS ITEM, SO I'LL OPEN THAT NOW AT 640. I HAVE RECEIVED A FORM FOR ONE PERSON WHO WISHES TO SPEAK. SO WE'LL START WITH MR. ZACHARY HALL. [00:10:08] THANK YOU ALL FOR ALLOWING ME TO SPEAK. MY NAME IS ZACH HALL. I LIVE HERE IN SILVERADO. FIRST OF ALL, I WANT TO THANK YOU ALL FOR YOUR SERVICE. I HAVE WATCHED A LOT OF YOUR MEETINGS ONLINE AND YOU ALL DO A REALLY GOOD JOB. AND YOU ALL ARE ALL REALLY SMART, AND IT'S JUST REALLY IMPRESSIVE TO SEE THE WORK YOU DO. AND I KNOW THAT KYLE IS IN GOOD HANDS WITH YOU ALL ON THE PLANNING AND ZONING COMMISSION, SO THANK YOU FOR ALL OF YOUR TIME. I REALLY APPRECIATE THAT. IT'S VERY, VERY IMPORTANT. THE AMENDMENT THAT I'M CONCERNED ABOUT PRIMARILY AND THIS MIGHT BE COMPLETELY OVERBLOWN IS THE ONE ABOUT THE AFTER HOURS NOISE CONSTRUCTION, RIGHT NOW IT'S IN THE HANDS OF CITY COUNCIL. CITY COUNCIL HAS TO APPROVE WHETHER OR NOT AFTER HOURS CONSTRUCTION CAN GO ON. I THINK THAT'S GOOD, BECAUSE CITY COUNCIL IS ACCOUNTABLE TO THE PUBLIC. AND SO IF THERE'S AN ISSUE WITH AFTER HOURS CONSTRUCTION, THE PUBLIC CAN MAKE COUNCIL AWARE OF IT. THE BUILDING OFFICIAL, PROBABLY A LOT OF PEOPLE DON'T KNOW WHO THE BUILDING OFFICIAL IS. SO IF THERE'S AN ISSUE WITH AFTER HOURS NOISE, THE PUBLIC MIGHT NOT KNOW WHO TO WHO TO GO TO. IF YOU KEEP IT IN THE HANDS OF COUNCIL, I THINK IT WILL BE BETTER FOR THE PEOPLE WHO ARE LIVING HERE RIGHT NOW, JUST A PERSONAL STORY TO TELL YOU ALL. I LIVE IN SILVERADO, AND RIGHT NOW THE GODDARD SCHOOL IS BEING BUILT PRACTICALLY IN MY BACKYAR. AND. YEAH IT'S A HUGE BUILDING. AND WHEN MY WIFE AND I MOVED HERE, WE IT WAS AN OPEN FIELD. AND SO WE SHOULD HAVE PROBABLY ANTICIPATED THAT SOMETHING WOULD BE BUILT THERE. WE DIDN'T KNOW WHAT WAS GOING TO BE BUILT THERE AT THE TIME. WE'RE THANKFUL IT WASN'T A GAS STATION OR A CONVENIENCE STORE OR SOMETHING OTHER THAN A THAN A THAN A SCHOOL. THAT'S GOOD. BUT THE ABOUT A MONTH AGO, MY WIFE, MY WIFE WOKE UP IN THE MIDDLE OF THE NIGHT TO AFTER HOURS CONSTRUCTION AND WE DIDN'T HAVE ANY NOTICE ABOUT THIS. AND I'M A SOUND SLEEPER, SO I SLEPT THROUGH IT, BUT I HEARD ABOUT IT IN THE MORNING. MY WIFE WAS UPSET. THANKFULLY, I WAS ABLE TO CONTACT MY COUNCIL MEMBER, LORI HARRIS, AND SHE DID A GREAT JOB AND TOOK CARE OF IT RIGHT AWAY. AND I KNEW EXACTLY WHO TO TURN TO BECAUSE SHE'S A REALLY GOOD COUNCIL MEMBER AND I KNEW SHE WOULD TAKE CARE OF IT, AND SHE PROBABLY WENT TO THE BUILDING OFFICIAL AND HAD HIM TAKE CARE OF IT. BUT I KNEW WHO TO GO TO BECAUSE I KNEW WHO MY COUNCIL MEMBER WAS. AND SO I WORRY THAT IF YOU TAKE IT OUT OF CITY COUNCIL'S HANDS, THAT'S GOING TO BE AFFECTED ADVERSELY. AND SO I WOULD JUST ASK THAT YOU MAKE SURE THAT THERE ARE PROCESSES IN PLACE TO WHERE IF THERE ARE ISSUES WITH AFTER HOURS CONSTRUCTION, THEN THE PUBLIC KNOWS WHO TO TURN TO, BECAUSE WITH ALL THE CONSTRUCTION GOING ON RIGHT NOW AND A LOT MORE COMING UP, THIS COULD BE A BIG PROBLEM. I WORRY THAT IF IT'S IN THE HANDS OF ONE PERSON, THAT A LOT MORE AFTER HOURS CONSTRUCTION WILL GO ON. I DON'T KNOW IF THAT WILL HAPPEN. THAT MIGHT BE A CONCERN. THAT'S OVERBLOWN, BUT IS I THINK IT IS A CONCERN A LOT OF RESIDENTS MIGHT HAVE, BECAUSE IT'S AN AWFUL THING TO BE WOKEN UP IN THE MIDDLE OF THE NIGHT, ESPECIALLY ON A WORK NIGHT. AND YOU CAN'T GO BACK TO SLEEP BECAUSE THERE'S EXCAVATION GOING ON. ACCORDING TO MY WIFE, THAT'S THE SOUND THAT SHE HEARD LIKE A REALLY LOUD EXCAVATION SOUND, AND IT KEPT HER UP AND IT WAS A PROBLEM. I DON'T KNOW IF KEEPING IN THE HANDS OF CITY COUNCIL WILL PREVENT THAT FROM HAPPENIN, BUT I THINK IT COULD PREVENT THE SITUATION FROM GETTING WORSE. SO THAT'S ALL I HAVE TO SAY ABOUT THAT. THANK YOU ALL FOR YOUR TIME. THANK YOU. SEEING NONE OTHERS. I WILL GO AHEAD AND CLOSE THE PUBLIC HEARING NOW AT 644. ALL RIGHT. AND MISS MCCOLLUM, YOU'RE PRESENTING. OKAY THANK YOU. COMMISSIONERS MELISSA MCCOLLUM CHIEF DEVELOPMENT OFFICER I WAS GOING TO PRESENT SOME OF THESE PROPOSED AMENDMENTS FOR YOU THIS EVENING. AND AGAIN, IF YOU HAVE ANY QUESTIONS, PLEASE LET ME KNOW. WHAT'S YOUR QUESTION RIGHT NOW. OKAY. DO YOU WANT US TO ASK YOU QUESTIONS AFTER EACH TOPIC OR WAIT UNTIL THE END OF YOUR PRESENTATION? WHY DON'T WE DO IT MAYBE AFTER EACH TOPIC. SO THERE'S REALLY FIVE DIFFERENT AMENDMENTS AND WE CAN TAKE A LOOK AT THOSE AND THEN YES, LET'S MAYBE DO IT THAT WAY FOR EACH TOPIC. SO I WILL SAY THAT THE CODE OF ORDINANCES IS AS MANY CHAPTERS IN VARIED. WE DID SET UP NOTIFICATION IN THE NEWSPAPER AS WELL AS A POST OF FOR THESE ITEMS. SO THERE'S FIVE DIFFERENT AMENDMENTS BEFORE YOU THIS EVENING FOR CONSIDERATION. WE'RE LOOKING AT ALLOWING FOOD TRUCKS, POTENTIALLY WITH A CONDITIONAL USE PERMIT IN MOST OF OUR NON RESIDENTIAL OR COMMERCIAL ZONING DISTRICTS. AGAIN, THOSE WOULDN'T BE [00:15:02] NECESSARILY APPROVED BY RIGHT. THEY WOULD STILL HAVE TO GO THROUGH THE CONDITIONAL USE PERMIT PROCESS. TOPIC NUMBER TWO IS FOR NUANCES. IT'S TO GRANT THE BUILDING OFFICIAL AUTHORITY FOR AFTER HOURS CONSTRUCTION, AS THE PUBLIC COMMENTER STATED, THAT IS CURRENTLY WITH A CITY COUNCIL STAFF HAS EXPERIENCED, SOME QUESTIONS OR OR ISSUES ON ON THAT. SO IT'S A POTENTIAL AMENDMENT. AND AGAIN, IF IT'S SOMETHING THAT YOU DON'T FEEL COMFORTABLE WITH, WE CAN DEFINITELY NOT DO THAT AS WELL, THE THIRD KIND OF TOPIC WE WANTED TO TALK TO YOU THIS EVENING ABOUT IS DOING A SIGN CODE FOR ELECTRONIC MESSAGING BOARDS, AND THIS WOULD BE FOR ELECTRONIC MESSAGE BOARD SIGNS TO BE ALLOWED WITHIN RESIDENTIAL SUBDIVISIONS ON HOA LOTS. WE'VE ALSO LOOKED AT ALSO ADDING THE POSSIBILITY FOR ELECTRONIC MESSAGE BOARDS TO BE ALLOWED FOR NONPROFIT AND RELIGIOUS SITES, OR COMMUNITY SITES, AND THEN OUR PLACES OF WORSHIP, AND THEN ALSO JUST TWEAKING THE CODE. A LITTLE BIT. CURRENTLY THEY'RE ALLOWED FOR SOME SCHOOL DISTRICTS PROPERTY, BUT ELEMENTARY WAS LEFT OUT, SO ADDING IT FOR THAT AS WELL, SIDEWALK EXEMPTIONS FOR THE ORIGINAL TOWN AREA. AS YOU CAN SEE, DOWNTOWN, WE HAVE A LOT OF DRAINAGE DITCHES ALONG OUR STREETS, YOU KNOW, SO IF YOU'RE DOING 1 OR 2 SINGLE FAMILY HOMES AND ACTUALLY WE DEFINED IT, ANYTHING LESS THAN FOUR, MAYBE YOU DON'T HAVE TO BUILD THE SIDEWALK IN FRONT OF YOUR HOUSE IN A CERTAIN AREA THAT WE'VE DEFINED ON A MAP, BUT OTHERWISE WE WILL ALWAYS BE LOOKING AT HAVING ADDITIONAL SIDEWALKS WITHIN THE CITY. AND LAST BUT NOT LEAST, ALSO POTENTIALLY LOOKING AT ALLOWING OUTDOOR AMPLIFIED MUSIC ON A CASE BY CASE BASIS, ALSO WITH A CONDITIONAL USE PERMIT. SO THOSE ARE THE FIVE DIFFERENT AMENDMENTS THAT WE'RE PROPOSING. THIS EVENING. SO FIRST ONE IS FOOD TRUCKS. THIS IS A PRETTY EASY ONE. CURRENTLY FOOD TRUCKS WERE PRETTY LIMITED IN WHAT ZONING DISTRICTS THAT THEY WERE ALLOWED IN. SO THIS WOULD REALLY OPEN IT UP AS AN OPPORTUNITY TO BE ALLOWED IN THE NON RESIDENTIAL ZONING DISTRICTS, AGAIN WITH A CONDITIONAL USE PERMIT. SO IT WOULD JUST ADOPT OUR CURRENT CONDITIONAL USE PERMIT PROCESS THAT WE DO NOW AND HAVE IT BE AVAILABLE FOR FOOD TRUCKS. SO NEXT TOPIC IS REALLY THIS ONE FOR THE NOISE ORDINANCE. AND AGAIN THIS WAS, JUST HONESTLY A ONE WORD CHANGE INTO TAKING OUT CITY COUNCIL AND, AND DOING FOR BUILDING OFFICIAL. AGAIN, THIS WOULD BE FOR LATE NIGHT PAUSE. FOR MY UNDERSTANDING, THIS HAS BEEN GRANTED BY OUR CITY COUNCIL FOR COSTCO. WHEN WE WERE CONSTRUCTING THAT MOST RECENTLY, FOR ANOTHER SCHOOL, REQUESTED SOME OF THE LATE NIGHT PAUSE WITH THE HEAT THAT WE HAVE IN TEXAS AND WITH SOME OF THE CONCRETE THAT'S NEEDED AND THE TEMPERATURES NEEDED TO CURE CONCRETE FOR THESE BUILDINGS AND PAUSE. SOMETIMES LATE NIGHT IS REALLY THE ONLY OPPORTUNITY TO DO THAT. IT IS LOOKED AT TO BE AS A SPECIAL KIND OF CIRCUMSTANCE. WE DO HAVE A NOTIFICATION REQUIREMENT THAT WE DO INTERNALLY, I.E. NOTIFYING THE HOA AND SOME NEIGHBORHOODS, YOU KNOW, PUTTING SOME INFORMATION OUT AND THEN REALLY LIMITING, HONESTLY. THE CONCRETE TRUCKS AND THE BACKUP STUFF CAN BEEP, BEEP, BEEP, YOU KNOW, TRYING TO LIMIT SOME OF THAT AND DO SOME THINGS TO REALLY KIND OF DIMINISH THE NOISE AND EFFECTS OF WHAT THESE LATE NIGHT PAUSE AND KNOWING THAT THIS IS A DISTURBANCE FROM OUR NORMAL HOURS OF CONSTRUCTION, WHICH IS REALLY FROM 7 TO 9. SO THIS WOULD BE IN THE EVENING AND THEY WOULD BE LOOKED AT IN IN UNIQUE CIRCUMSTANCES, SOME OF THE ISSUES WE'VE HAD WITH POTENTIALLY JUST LIMITING IT TO COUNCIL BEFORE IS, YOU KNOW, COUNCIL MEETS TWICE A MONTH, WHICH IS GREAT. SOMETIMES THAT'S HARD TO, YOU KNOW, DEFINE WHAT THE WEATHER IS. AND THE CONTRACTORS RELATED TO THAT AND GETTING ALL OF THAT TOGETHER. SO THIS WOULD JUST, LOOK AT THE NORMAL BUILDING PERMITTING PROCESS AND OUR BUILDING OFFICIAL TO LOOK AT EACH CASE ON ITS OWN INDIVIDUAL MERITS, POTENTIALLY WITHOUT WITHOUT GOING TO COUNCIL FOR THAT. BUT KNOWING THAT CITIZENS ALWAYS HAVE THE RIGHT TO COMPLAIN. I DO THINK CONSTRUCTION IS SOMETIMES DONE AFTER HOURS WITHOUT KNOWLEDGE OF BOTH OUR BUILDING OFFICIAL AND POTENTIALLY EVEN THE COUNCIL PROCESS. YOU KNOW, MORE OF ASKING FOR FORGIVENESS RATHER THAN PERMISSION SOMETIMES. BUT CITIZENS ALWAYS HAVE THE ABILITY TO LOOK AND CALL AND COMPLAIN AND GO THROUGH THE CODE ENFORCEMENT AND PERMITTING PROCESS FOR SURE TO GET ANSWERS TO ANY QUESTIONS THAT THEY HAVE. OKAY. AND I JUST WANT TO ADD TO THAT A LITTLE BI, BECAUSE EVEN IF WE DO CHANGE IT TO BUILDING OFFICIAL, YOU ALWAYS, ALWAYS HAVE THE RIGHT TO [00:20:01] GO TO YOUR COUNCIL MEMBER. AND THAT COUNCIL MEMBER CAN STILL HELP RECTIFY IT. SO I MEAN, IF YOU DON'T KNOW YOUR BUILDING OFFICIAL PERSON TO GO TO, YOU CAN ALWAYS, ALWAYS, ALWAYS GO TO YOUR COUNCIL MEMBER AND YOU HAVE A CHOICE. EITHER YOUR DISTRICT ONE OR EVEN ANY OF THE AT LARGE ONES. IF YOU FEEL THAT YOUR DISTRICT ONE ISN'T, YOU KNOW, GETTING ANY PROGRESS DONE, YOU KNOW YOU CAN GO TO THE OTHER THREE AT LARGE POSITIONS. SO YOU ALWAYS HAVE THAT RIGHT. AND THEY CAN HELP RECTIFY IT. JUST LIKE ANY OTHER TIME. OKAY. DO YOU HAVE MORE? DO YOU HAVE MORE TO PRESENT ON THIS ONE OR ON THIS PARTICULAR ONE? NO. OKAY. ANY OTHER QUESTIONS FOR STAFF ON THIS ONE. GREAT. JUST ME, SO ONE THING THAT I WAS WONDERING IS WHO IS BUILDING OFFICIAL? HOW DO PEOPLE FIND THE BUILDING OFFICIAL? BECAUSE YOU, YOU MADE IT SOUND LIKE THERE MIGHT BE MORE THAN ONE. WHO IS THAT? NO, I MEAN, WE HAVE SEVERAL INSPECTORS IN IN OUR INSPECTIONS DIVISION, BUT OUR BUILDING OFFICIAL IS KELLY STILLWELL. SO, I MEAN, YOU CAN CALL IT THE PERMITTING OFFICE AND INSTANTLY GET IN TOUCH WITH WITH OUR WITH OUR BUILDING OFFICIAL INSTANTLY IS IN THE MIDDLE OF THE NIGHT WHEN YOU'VE BEEN WOKEN UP FROM AFTER HOURS. LET'S BE HONEST, IF IT'S IN THE MIDDLE OF THE NIGHT AND IT HASN'T BEEN WOKEN UP, YOU SHOULD CALL YOUR THE POLICE FOR SURE IN REGARDS TO THAT AND THEY WOULD RESPOND ON THE SITE. I MEAN, PART OF THIS NOTIFICATION PROCESS WOULD BE WORKING WITH OUR POLICE TO NOTIFY THEM IF LATE NIGHT POURS HAVE BEEN ALLOWED AND OPERATIONS FOR THAT. SO THAT'S WHY I'M ALWAYS RECOMMENDING IT. IF YOU IF YOU HAVE ISSUES AT ANY TIME, THE POLICE TRULY IS YOUR YOUR FIRST PRIMARY CONTACT FOR THAT. AND THEN WE CAN FOLLOW UP WITH WITH ADDITIONAL INFORMATION NECESSARY TO RESOLVE THE SITUATION. OKAY. YEAH. I DIDN'T SEE ANYTHING IN THE ORIGINAL WORDING OF THE ORDINANCE ABOUT THAT PROCESS TO NOTIFY AND INFORM PEOPLE IN ADVANCE ABOUT THAT, BECAUSE MY THOUGHT PROCESS RIGHT NOW IS THE DECISION IS WITH COUNCIL. SO THEY HAVE TO MAKE THAT DECISION AT A MEETING WHERE THE PUBLIC CAN COME AND WEIGH IN ON. I AGREE THAT THIS IS IMPORTANT THAT WE DO THIS. AND, YOU KNOW, THEY THEY CAN DIRECTLY ENGAGE PEOPLE BEFORE THE NUISANCE OCCURS. AND SO MOVING IT WHERE IT'S BEHIND CLOSED DOORS TO AN OFFICIAL WHO'S NOT ELECTED, NOT ACCOUNTABLE TO THE PUBLIC, YOU KNOW, YOU CAN'T COME TO A MEETING AND TALK. FROM WHAT I HEAR, COUNCIL WANTS YOU TO DIRECT YOUR COMMENTS TOWARD COUNCIL, NOT TOWARDS CITY. CITY STAFF. SO I'M I'M A BIT SKEPTICAL ON THIS ONE. I ALSO HAD A QUESTION ABOUT THE VERBIAGE OF THIS PART OF THE ORDINANCE, BECAUSE IT'S ONE REALLY, REALLY LONG SENTENCE, AND I CAN'T FIGURE OUT IF I'M INTERPRETING THE PUNCTUATION THE PROPER WAY. SO, IF DO YOU ALL HAVE THAT, YOU DO. OKAY SO THE SECTION ABOUT THE COUNCIL OR BUILDING OFFICIAL WHAT THEY CAN APPROVE, DIRECTLY IN FRONT OF THAT, IT'S LIKE E.G. REPAIRS AND EMERGENCY INSTALLATIONS BY PUBLIC UTILITY COMMA OR TO ANY EXCAVATION. DA DA DA DA DA. AUTHORIZED BY CITY COUNCIL. I CAN'T FIGURE OUT IF THE CITY COUNCIL PART STARTING WITH OR LIKE OR TWO. IS THAT MAKING COUNCIL OR THE BUILDING OFFICIAL ONLY ABLE TO MAKE THESE DECISIONS IN TIMES OF URGENT NECESSITY FOR THE BENEFIT AND INTEREST OF PUBLIC SAFETY, HEALTH OR WELFARE, OR GENERAL WELFARE? OR CAN COUNCIL OR BUILDING OFFICIAL MAKE THIS CALL AT ANY POINT IN TIME? BECAUSE I CAN READ THIS MULTIPLE WAYS, ONE OF WHICH IS PROVIDED THAT THIS SUBSECTION SHALL NOT APPLY TO ANY EXCAVATION, ERECTION, CONSTRUCTION, DEMOLITION, OR ALTERATION AUTHORIZED BY THE BUILDING OFFICIAL TO BE UNDERTAKEN BETWEEN THESE HOURS. OR I CAN READ IT AS THE SUBSECTION SHALL NOT APPLY TO ANY SUCH WORK, CONSTRUCTION, REPAIRS OR ALTERATIONS THAT CONSTITUTE AN URGENT NECESSITY FOR THE BENEFIT AND INTEREST OF THE PUBLIC SAFETY, HEALTH AND GENERAL WELFARE. FOR EXAMPLE, REPAIRS AND EMERGENCY INSTALLATIONS BY PUBLIC UTILITY OR TO ANY EXCAVATION, ERECTION, CONSTRUCTION. I'LL YOU CAN READ IT. WHAT DOES IT MEAN? CAN COUNCIL JUST OR CAN COUNCIL OR BUILDING OFFICIAL JUST DO THIS ANYTIME THEY THINK IT'S RIGHT? OR DOES IT HAVE TO MAKE A COMPELLING CASE TO, YOU KNOW, TO BE IN THE INTEREST OF PUBLIC SAFETY, HEALTH OR GENERAL WELFARE? SO COSTCO TO ME IS NOT ANY OF THOSE THINGS. SO I THINK I THINK THE INTENT IS FOR THIS TO APPLY TO ANY AFTER HOURS WORK REQUIRING CITY COUNCIL APPROVAL AND REQUIRING THAT THEY DO CONSTITUTE A NECESSITY FOR THE BENEFIT AND INTEREST OF THE PUBLIC. ETC. COSTCO WHY DID COSTCO EVEN GO TO THAT? AND I DON'T KNOW THE ANSWER TO THAT TO THAT POINT. COMMISSIONER. ASSISTANT CITY MANAGER, FOR THE RECORD, COSTCO TYPICALLY CONCRETE POURS ARE APPROVED AT [00:25:02] NIGHT BECAUSE IT'S TOO HOT DURING THE DAY FOR THEM TO SET FOR IT TO SET UP. SO THEY NEED TO START THE POUR AT NIGHT, AND I THINK MAYBE JASON CAN EVEN GET INTO THE NITTY GRITTY IF YOU'RE INTERESTED ABOUT HOW CONCRETE IS POURED AND HOW IT SETS UP. BUT, YOU KNOW, THERE'S, THERE'S, CERTAIN REQUIREMENTS ABOUT TEMPERATURE DURING THE DAY. IF IT'S A MONOLITHIC POUR, MEANING IT'S LIKE ALL ONE CONTINUOUS POUR. SO, SO TYPICALLY TIMES OF, OF THAT IS WHEN WE, WHEN THE COUNCIL WOULD CONSIDER APPROVING THOSE AFTER HOUR POURS. I KNOW THE SCHOOL DISTRICT ASKED FOR ONE AS WELL. THOSE ARE THE ONLY TWO THAT I KNOW THAT HAVE BEEN ASKED FOR AND APPROVED BY COUNCIL. BUT BUT THERE IS SOME SAFETY AND MEASURES REGARDING THAT, BECAUSE IF THE CONCRETE IS POURED IN 100 PLUS DEGREE WEATHER, IT DOESN'T HAVE THE SUSTAINABILITY NEEDED TO BE A SAFE STRUCTURE. SO THERE TRULY IS A SOME COMPONENTS OF, OF STRUCTURAL ABILITY OF WHAT THAT IS. YEAH. THAT SAID, I'M HAPPY TO LOOK AT THIS PROVISION. I AGREE IT'S WORDY. IT PROBABLY NEEDS TO BE ADJUSTED. I THINK WHEN WE WERE LOOKING AT IT, ALL WE WERE LOOKING AT WAS THE CHANGE FROM CITY COUNCIL TO BUILDING OFFICIAL. SO I'LL TAKE SOME TIME BEFORE WE GO TO COUNCIL AND SEE IF WE CAN REFINE THIS WHOLE PROVISION. THAT'D BE GREAT. YEAH, I READ IT A NUMBER OF TIMES AND I WAS LIKE, I NEED TO ASK SOMEBODY BECAUSE I WASN'T WASN'T SURE. YEAH. JUST I THINK THAT HE WAS WANTING TO SPEAK YE. AND YOU'VE ALREADY HAD A TURN. NO, I WAS JUST GOING TO SAY MUCH APPRECIATED THAT YOU WOULD CLARIFY THAT BECAUSE I HAD THE SAME TROUBLE, THE POUR KEEPS COMING UP DURING A CONCRETE POUR, AND I'M TOO FAMILIAR WITH ISSUES REGARDING THAT, BUT THE REST OF IT. EXCAVATION, ERECTION. AND SO FORTH, BEGINS. I BEGIN TO SEE THIS AS A TIME EFFICIENCY THING. IF WE HAVE A BUILDING OFFICIAL DO IT RATHER THAN GOING TO COUNCIL, WE'RE SAVING TIME. TIME IS MONEY. OKAY, SO THAT'S A PRACTICAL CONSIDERATION. BUT A BUILDING OFFICIAL HAS NEITHER THE DIRECT INTEREST OR NECESSARILY THE CONCERN IN HIS OR HER JOB OF NOTIFYING NEIGHBORS. FOR INSTANCE, MAKING SOME KIND OF BROADCAST TO THE AFFECTED PARTIES TO LET THEM KNOW THAT, YOU KNOW, THERE'S GOING TO BE CONSTRUCTION, THERE'S A NEED FOR IT. SO THAT WOULD BE ONE ISSUE, CITY COUNCIL, OF COURSE, EVERYTHING THEY DO IS EXCEPT EXECUTIVE SESSIONS. RIGHT OUT HERE IN PUBLIC. SO THAT WOULD BE A CONCERN I HAVE THAT WE'RE PERHAPS GIVING TOO MUCH TO THE SIDE OF THE EQUATION THAT SAYS TIME EFFICIENCY VERSUS CITIZEN COMFORT. AND CITIZEN INTEREST. OKAY YES. VICE CHAIR LORI. THANKS. MADAM CHAIR, I'M GOING TO TAKE THE COUNTER POSITION ON THIS, ASKING CITY COUNCIL TO LISTEN TO, REQUESTS FOR AFTER HOURS, WORK THAT MAY CAUSE NOISE SEEMS TO BE LIFTING IT TO TOO HIGH A LEVEL. LET'S. I WOULD THINK WE WOULD WANT TO PUSH IT DOWN TO THE BUILDING OFFICIAL TO COMMISSIONER SHIELDS POINT, PEOPLE, ARE YOU KNOW, PERFECTLY EMPOWERED TO CONTACT CITY COUNCIL AND HAVE IT CHANGED? IT'S AN EVENING NOISE. IF IT'S ONCE OR TWICE IN THE PROCESS OF CONSTRUCTION, THEN THAT'S HOW IT SHOULD HAPPEN. AND IT'S GOING TO HAPPEN. SO SO I THINK I WOULD I THINK THE CHANGE IS FINE. IN OTHER WORDS, EXCEPT FOR THE WORDING WHICH IS AWKWARD. OKAY. ANY OTHER QUESTIONS? NO. I MEAN I THINK THE CHANGE IS FINE. I JUST THINK THAT, YOU KNOW, THERE SHOULD BE A MORE SIMPLE WAY OF CONTACTING THAT BUILDING OFFICIAL IF NEED BE. I DON'T I MEAN, IT WOULD BE PRETTY ROUGH IF IT WAS JUST SOMEONE WHO HAD LIKE A STRAIGHT TO VOICEMAIL SET UP, RIGHT? LIKE, WE WANT CITIZENS TO BE ABLE TO GET AHOLD OF THAT PERSON. SO I THINK THAT SHOULD OBVIOUSLY BE SOMETHING TO THINK ABOUT AS WELL. BUT YEAH. SO I WILL SAY JUST KIND OF OUR STANDARD OPERATING PROCEDURES THAT WE DO NOW IS WE DO NOTIFY THE HOA, IF WE CAN, OR THE NEIGHBORHOOD AND NEXT DOOR AND FACEBOOK POSTING ADS THAT THE AFTER HOURS CONSTRUCTION IS GOING ON. WE ALSO GENERALLY HAVE THE CONTRACTOR GIVE US KIND OF A POINT OF PERSON ON CONTACT THAT WE WOULD THEN WORK WITH THE POLICE DEPARTMENT AGAIN, THESE ARE AFTER OUR NIGHT TIME, YOU KNOW, ACTIVITIES. THAT WOULD BE A GOOD POINT OF CONTACT. WE MAKE SURE THAT THEY'RE NOT TAKING THEIR THEIR MIDNIGHT LUNCH BREAK, YOU KNOW, RIGHT NEXT TO THE HOMES, YOU KNOW, TRYING TO LIMIT THE BEEPING OF THE BACKUP TRUCKS, YOU KNOW, NO MUSIC, CAN'T BE HANGING OUT AT THE NORMAL MUSIC DECIBELS THAT YOU DO FOR NORMAL CONSTRUCTION AND THAT, YOU KNOW, REALLY LIMITING IT JUST TO THE TOOLS AND [00:30:03] EQUIPMENT NECESSARY TO DO THAT AFTER HOURS, OF COURSE. SO ALL OF THOSE SAME STANDARDS THAT WE WOULD UTILIZE WOULD STILL BE IN THERE. AND YOU'RE RIGHT, WE DON'T HAVE THOSE IN OUR CODE BECAUSE THOSE ARE JUST KIND OF STANDARD OPERATING PROCEDURES FOR THAT. WE WOULDN'T PUT THAT IN THIS. BUT BUT YES, THOSE THOSE, STANDARDS WOULD STILL BE FOLLOWED FOR, FOR THESE. BUT I DEFINITELY UNDERSTAND YOUR CONCERNS. AND THOSE PUBLIC NOTICES THERE AND YOU MENTIONED HOA'S, I GUESS NEWSPAPER AND ALL THAT. I MEAN, YEAH, IT'S NOT DOES EVERYBODY FOLLOW OR LISTEN ADHERE TO THOSE NOTICES? NO, I MEAN, PEOPLE ARE GOING TO COMPLAIN. SO I MEAN, YEAH, IT'S PART OF CONSTRUCTION. IT HAS TO BE DONE. IT'S NOT ALL THE TIME. AND YEAH, YEAH, THERE'S SCHEDULED TO BE MET. IT'S NOT GOING TO HAPPEN ALL THE TIME. JUST A FEW TIMES. I THINK IT'S TOTALLY FINE. AND I MEAN IT'S PART OF CONSTRUCTION. OKAY. ANY OTHER QUESTIONS FOR STAFF ON THIS ONE. YEAH. SO YOU SAID YOU NOTIFY THE HOA. BUT WHAT ABOUT THE ACTUAL RESIDENTS IN THAT IMMEDIATE AREA. SO I WOULD SAY I THINK IT IS A LITTLE BIT MORE GLOBAL OF A NOTIFICATION. IT'S KIND OF LETTING THE HOA KNOW, HOPING MAYBE THEY COULD DO A NEWS BLAST DOING NEXT DOOR FACEBOOK AND LIKE TWITTER. KIND OF MORE OF A SOCIAL MEDIA NOTIFICATION. SO SOME NEIGHBORHOODS DON'T HAVE A CHOICE. YOU'RE RIGHT. SO THEN I THINK WE WOULD FOLLOW UP WITH NEXT DOOR AND SOME OF THE OTHERS. SO YES, I HONESTLY YOU GUYS REALLY SHOULD, YOU KNOW, AT LEAST SOME KIND OF A NOTICE TO THE RESIDENTS AND THE MEDIA. THERE'S NOTICES OR AT LEAST A SIGN YOU KNOW, SOMEWHERE SO THAT THOSE. RESIDENCES, YOU KNOW, RESIDENTS CAN, YOU KNOW, KNOW ABOUT IT AHEAD OF TIME. AND ON THAT NOTICE HAVE A NUMBER THAT THEY CAN CONTACT IF THERE'S A PROBLEM. BECAUSE, YOU KNOW, AS I SAID, NOT ALL NEIGHBORHOODS HAVE HOAS. AND IF THEY DON'T HAVE AN HOA NEXT DOOR IS NOT ALWAYS THE PLACE THAT THEY'RE GOING TO BE LOOKING FOR. THERE'S REALLY NO, YOU KNOW, UNLESS YOU HAVE ACCESS TO THE FACEBOOK AND NOT EVERYBODY'S ON FACEBOOK. YOU KNOW, NOT EVERYBODY HAS ALL THOSE SOCIAL MEDIA, YOU KNOW, AWARENESSES SO YOU REALLY MAYBE AT LEAST A SIGN LIKE WE DO WHEN WE HAVE, YOU KNOW, A, YOU KNOW, A SOMETHING COME UP FOR P AND Z WHEN THAT'S GOING TO BE COMING UP AND THERE'S A PUBLIC HEARING, YOU KNOW, YOU PUT A SIGN OUT, I THINK YOU SHOULD BE ABLE TO PUT A SIGN OUT FOR THAT AT LEAST TO LET THE RESIDENTS KNOW. OKAY. COMMISSIONER MOTTA, YOU HAD A COMMENT EARLIER. NO, I WAS JUST GOING TO SAY, I MEAN, THE PUBLIC NOTICES CAN GO OUT. I MEAN, YOU CAN TELL EVERYBODY KNOCK ON EVERYBODY'S DOOR AND THERE'S ALWAYS GOING TO BE SOMEBODY THAT'S LIKE, OH, YOU DIDN'T TELL ME. IT'S LIKE, YEAH, WE DID. WE TOLD YOU 100 WAYS. I MEAN, IT'S JUST I THINK IT'S PEOPLE ARE JUST GOING TO COMPLAIN. BUT YEA, I WAS JUST AGAIN, I PERSONALLY, I THINK WE WERE JUST TRYING TO MAKE THIS PROCESS A LITTLE BIT EASIER, AS COMMISSIONER STENGEL MENTIONED, SOMETIMES TIME IS MONEY. WEATHER RELATED, YOU KNOW, ORDERING CONCRETE TRUCKS, YOU KNOW, KIND OF FIGURING THAT OUT. AND DEPENDING ON THE WEATHER, IT CAN BE HARD TO KIND OF HIT ALL THOSE THOSE NAILS ON THE HEAD AND REALLY GET THAT NOTICE OUT. WE WERE TRYING TO, HAVE A, YOU KNOW, MAYBE SIMPLIFY, KEEP OUR SAME STANDARDS OF OPERATION. BUT MAYBE SIMPLIFY THAT PROCESS. BUT IF THIS IS SOMETHING THAT YOU'RE NOT COMFORTABLE WITH, WE CAN DEFINITELY, POTENTIALLY LOOK AT, YOU KNOW, ADDRESSING IT A DIFFERENT WAY. OKAY NEXT UP THIRD ONE IS SIGNS. SO WE REALLY KIND OF LOOKED AT SIGNS IN THREE DIFFERENT AREAS. AGAIN THIS IS REALLY TO LOOK AT ALLOWING ELECTRONIC MESSAGE BOARD SIGNS. AND OUR SINGLE FAMILY RESIDENTIAL DISTRICTS. AND AGAIN THIS WOULD BE KIND OF YOUR TRADITIONAL LED LIGHTS DISPLAYS. LOOKING AT HAVING THEM WITHIN THAT AND THEN ALSO LOOKING AT HAVING THEM WITHIN ELEMENTARY, MIDDLE AND HIGH SCHOOL. CURRENTLY, OUR CODE KIND OF REFERENCED MIDDLE AND HIGH SCHOOL, BUT THIS WOULD ALLOW IT, FOR ELEMENTARY AS WELL. SO KIND OF SEPARATING THAT OUT AND LINING IT UP, AND THEN FOR A SINGLE FAMILY, WE ARE LOOKING AT, HAVING IT ON HOA OWNED AND MAINTAINED LOTS FOR THAT SIGNAGE AND THAT IF WE HAVE A REALLY BIG SUBDIVISION THAT'S OVER 50 ACRES AND THEY OWN A COUPLE MULTIFAMILY OR HOA LOTS, THAT THEY COULD HAVE MORE THAN UP TO TWO SIGNS FOR THAT. AND REALLY LOOKING AT HAVING THOSE SIGNS BE 12FT■!S, THE NEXT KIND OF A COUE OF SLIDES REALLY TALK ABOUT KIND OF THE DISPLAY AND ILLUMINATION OF THESE SIGNS. AGAIN, WE DON'T WANT THESE TO BE MOVIE SCREENS. WE DO WANT THEM TO BE KIND OF [00:35:06] STATIC MESSAGE DISPLAYS THAT THEY'RE NOT ONLY AVAILABLE FOR THE CARS THAT DRIVE BY THESE SITES TO SEE, BUT THEY'RE NOT FLASHING, YOU KNOW, NOT THE REALLY WHITE LIGHT WHITE BACKGROUNDS, YOU KNOW, THAT THEY'RE PLEASING TO NOT ONLY, THE DRIVERS BY TO, TO REALLY HAVE KIND OF A SAFE EFFECT. NEXT SLIDE. AND AGAIN WE'RE LOOKING AT FOR A LUMINANCE OF THESE TO REALLY KIND OF MIMIC WHAT SOME OF THE DARK SKY STANDARDS THAT WE HAVE. AND IN THE CODE. AND THEN, YOU KNOW, THE, THE SIGN SHOULD BE WORKING IF IT'S GOING TO BE THERE. AND IF IT'S NOT, IT SHOULD BE TURNED OFF. AND THEN THIS NEXT PART OF THE SECTION REALLY LOOKS AT, ALSO ALLOWING THESE SIGNS AT PLACES OF WORSHIP AND NONPROFIT ORGANIZATIONS. SO WE'RE ALLOWING HIM OR LOOKING AT AMENDING THE CODE TO ALLOW NOT ONLY IN THE HOA SUBDIVISIONS, BUT ALSO IN PLACES OF WORSHIP, NON-PROFITS AND AGAIN, REFERENCING BACK TO THE MIDDLE SCHOOLS AND ELEMENTARY AND MIDDLE AND HIGH SCHOOL AS WELL. AND THEN, FOR THE PLACES OF WORSHIP AND NON-PROFITS, THEY WOULD LIMITED BE LIMITED TO ONE SIGN AND THEN THE DISPLAY AND ILLUMINATION WILL HONESTLY MIMIC THE SAME DISPLAY AND ILLUMINATION THAT WE OUTLINED FOR THE OTHERS. AND THIS IS FOR THAT. AND THAT'S WHAT WE'RE PROPOSING FOR, FOR SIGNS. AND AGAIN, THIS WAS SOMETHING THAT COMMISSIONER SCHIELE BROUGHT UP. AND ACTUALLY OUR COUNCIL MEMBER BROUGHT IT UP AS A POTENTIAL CODE AMENDMENT AS WELL FOR STAFF TO LOOK INTO. AND THIS IS OUR PROPOSED, MODIFICATIONS FOR THAT RELATED TO THAT. AND YOU REFERENCE, SECTION D IN THE CODE, WHEN YOU'RE TALKING ABOUT THE ONES ALLOWED IN SINGLE FAMILY RESIDENCES, I TAKE IT WE'RE TALKING ABOUT THESE THESE SIGNS ARE CONSIDERED SECONDARY, NOT BECAUSE YOU HAVE THREE DIFFERENT TYPES. YOU HAVE THE PRIMARY, SECONDARY AND TERTIARY IN THAT SECTION. WHEN YOU LOOK AT THE ACTUAL ORDINANCE, I THINK IT'S THE UP AGAIN ONE, ONE MORE PREVIOUS. LOCATED YEAH. 2029 DASH 14 SECTION D, YOU HAVE THREE DIFFERENT TYPES OF SIGNS. YOU HAVE PRIMARY, SECONDARY AND TERTIARY. AND THESE ARE CONSIDERED SECONDARIES. CORRECT GENERALLY THEY WOULD BE CONSIDERED SECONDARY FOR THE MOST PART. THERE'S KIND OF DIFFERENT CRITERIA, BECAUSE I KNOW YOU HAVE A MUCH BIGGER FOR THE PRIMARY THAN THE SECONDARY BECAUSE I WAS LIKE 12FT■!S. AND THEN IT WAS LIKE THE SIGN COULD BE 64FT■!S. AND THEN I REALIZED THAT WAS FOR PRIMARY. THAT'S MORE YOUR BIG MONUMENT WALL, THAT THIS IS THIS NEIGHBORHOOD. SO THIS IS CONSIDERED A SECONDARY WHICH CAN ONLY BE 16FT■!S TOTAL. SO AND 12 OF IT, THE SIGN. SO THIS WOULD KIND OF TAKE INTO ACCOUNT ALL THREE OF THOSE REQUIREMENTS KIND OF BASED ON, YOU KNOW, HOW MANY MONUMENT SIGNS THE SUBDIVISION HAS, WHETHER IT'S PRIMARY, SECONDARY, TERTIARY, WHATEVER THE TOTAL SQUARE FOOTAGE WOULD BE ALLOWED UNDER THAT. THESE SIGNS WOULD COUNT TOWARDS THAT SQUARE FOOTAGE. SO REALLY LARGE NEIGHBORHOODS MIGHT HAVE THOSE SECONDARY AND TERTIARY SIGNS, WHEREAS SOME SMALLER ONES MIGHT ONLY HAVE THE, THE PRIMARY, SO WHATEVER THE TOTAL ALLOWED FOR THAT SUBDIVISION, THESE TYPES OF SIGNS WOULD COUNT TOWARDS THAT TOTAL. OKAY. ALL RIGHT. BUT THEY WOULD BE LIMITED TO THAT 12FT■!S FOR THE ELECTRONIC MESSAGE PORTION OF SAID SIGN. YES. AND THEN A MAXIMUM OF TWO, MESSAGE BOARDS DEPENDING ON IF IT'S OVER THREE ENTRANCES. YOU'RE FINE. OKAY. THAT'S WHAT I WAS JUST DOUBLE CHECKING TO MAKE SURE THAT WE'RE TALKING. WHAT KINDS OF SIGNS? WE'RE TALKING ABOUT. SINCE WE DO HAVE THAT REFERENCE OF D IN THERE. THANK YOU. ANY OTHER QUESTIONS ON THIS ONE? OKAY KEEP ON GOING. ALL RIGHT. NEXT ONE UP IS SIDEWALKS. AND AGAIN I HIGHLIGHTED THIS BRIEFLY WHEN I WAS TALKING ABOUT THE FIVE DIFFERENT CODE AMENDMENTS THAT WE'RE LOOKING AT. WE'VE DONE A GOOD MAP KIND OF SHOWING WHERE OUR OLDER, PORTIONS OF KYLE ARE LOCATED THAT DON'T HAVE STORM WATER AND CURBS AND GUTTERS. SO WE'RE LOOKING AT REALLY ALLOWING A SIDEWALK EXEMPTION FOR FOUR OR FEWER UNITS OR LOTS WITHIN THIS AREA. AND AGAIN, THIS WOULD ALLOW [00:40:05] PEOPLE TO POTENTIALLY SUBDIVIDE THE LOT OR DO SOME INFILL AND NOT HAVE TO DO OR MEET THE SIDEWALK REQUIREMENTS, WHICH OFTEN POTENTIALLY NECESSITATE NECESSITATES IN THIS AREA A REALLY SOME MODIFICATIONS OR UPGRADES TO THE ACTUAL STREET SYSTEM ITSELF. SO, THAT'S WHAT WE'RE PROPOSING IN THIS, THIS AREA QUESTION. YEAH. I'M SORRY QUESTIONING A LOT TONIGHT. YOU'RE FINE. OKAY. SO AND I DIDN'T DRIVE IT TODAY JUST BECAUSE I ENDED UP MY MEETING ENDED UP GOING TO LATE TONIGHT, SO BURLESON FROM CENTER STREET TO, YOU KNOW, THE ROUNDABOUT, DO WE KNOW ABOUT HOW MANY OF THOSE HOMES MAY BE ON ONE SIDE OF THE STREET VERSUS THE OTHER, THAT HAVE THE CULVERT CUTOUTS, YOU KNOW, FOR THE DRAINAGE DITCH, ARE THERE QUITE A FEW OR MAYBE NOT VERY MANY. DO WE KNOW JUST BECAUSE WHAT I'M THINKING IS I HONESTLY THINK FOR WALKABILITY AND EVERYTHING BURLESON NEEDS TO HAVE A SIDEWALK TO BE ABLE TO OH THIS IS NOT AN ANTI SIDEWALK ORDINANCE. AND I KNOW THAT I WANT TO. MAYBE WE COULD CUT OUT I WISH WE COULD CUT OUT BURLESON FROM THIS MAP. AND THIS DOES NOT CUT OUT ANY KIND OF COMMERCIAL DEVELOPMENT AS WELL. SO THIS IS TRULY FOR A SINGLE FAMILY HOMEOWNER OR A SINGLE FAMILY RESIDENTIAL PERSON. THAT'S POTENTIALLY DIVIDING THEIR LOT IN HALF FROM HAVING TO COME AND PUT A SIDEWALKS IN FRONT OF IT. SO THIS DOES NOT NEGATE THE NEED OR WANT OF SIDEWALKS. THIS JUST LIMITS US REQUIRING SIDEWALKS FOR 1 OR 2, OR HONESTLY, LESS THAN FOUR HOMEOWNERS. SO WE DID HAVE A SUBDIVISION YOU MIGHT HAVE REMEMBERED BEFORE. I THINK IT WAS, BEHIND THE CHURCH OVER THERE. THEY WERE LOOKING AT SOME TOWNHOMES AND THEY WERE INSTALLING SOME SIDEWALKS AND WE WOULD ABSOLUTELY STILL LOOK AT THAT SUBDIVISION, INSTALLING A SIDEWALKS AS WELL. SO THIS REALLY IS LIMITED TO RESIDENTIAL. AND FOR FOUR OR FEWER UNITS OR LOTS COMING IN AND UPGRADING THE STREET NETWORK FOR SIDEWALKS, RESIDENTIAL ONLY. OKAY. AS I SAID, I REALLY LIKE TO KIND OF CUT OUT BURLESON FROM THIS MAP, BUT OKAY. OKAY, I'M GOING TO GET INTO THE WEEDS A LITTLE BIT HERE. SO I APOLOGIZE IF I'M WAY OFF TRACK HERE. BUT WHEN I WAS LOOKING AT THE COMBINED ORDINANCE ATTACHMENT WHICH IS THE FULL KIND OF TEXT THAT'S GOING TO BE CHANGED, I NOTICED THAT THE PLACEMENT OF THE EXCEPTION. SO YOU HAVE SECTION A, WHICH SPELLS IT OUT, AND THEN YOU HAVE ITEM ONE ABOUT THE VIBE TRAIL. AND THEN ITEM TWO LAYING OUT THE EXCEPTIONS. AND I HADN'T EVEN BEEN THINKING ABOUT THE VIBE TRAIL WHEN I SAW IT ON THE POWERPOINT. HOW DOES THE VIBE TRAIL PLAY INTO THIS? BECAUSE A1 IS SAYING IF THE PROJECT HAS A PORTION OF THE VIBE TRAIL SYSTEM WITHIN OR ADJACENT TO THE PROJECT, A 10 TO 12 FOOT WIDE SHARED USE PATH IS REQUIRED TO BE CONSTRUCTED WITH SOME DETAILS ABOUT THAT. AND THEN THE NEXT ITEM, A2 SAYS EXCEPTIONS. ALL SINGLE FAMILY PARCELS HERE ARE EXEMPT FROM THIS, SO I, I BELIEVE PORTIONS OF THIS ZONE ON THE ON THE SCREEN, PORTIONS OF THAT ARE GOING TO HAVE VIBE TRAIL IN THEM. HOW ARE THOSE GOING TO BE PAID FOR THEN. IS IT BEING PAID FOR BY THE CITY. BECAUSE IN ITEM ONE IT'S SAYING SIDEWALKS ARE REQUIRED WITHIN THE RESIDENTIAL SUBDIVISIONS. SO IF OTHER SUBDIVISIONS ARE PAYING OUT OF THEIR HOA OR OUT OF THEIR POCKET OR WHATEVER TO CONSTRUCT VIBE TRAIL, BUT THEN THIS SECTION OF VIBE TRAIL, THEY CAN HAVE, YOU KNOW, THEY MIGHT NOT EVEN HAVE TO PAY A FEE, YOU KNOW, SIDEWALK FEE IN LIEU OF CONSTRUCTION. HOW DOES THAT PLAY IN HERE? ARE THEY GOING TO BE, YOU KNOW, JUST NOT PAYING FOR ANY VIBE TRAIL OTHER THAN WHAT THEIR TAXES PAY AND EVERYONE ELSE IS PAYING FOR ONE OUTRIGHT FOR THEIR SUBDIVISIONS? I WOULD SAY YES. AGAIN, I WE REALLY NEED TO LOOK. THIS IS FOR 1 OR 2 SINGLE FAMILY HOMES THAT ARE COMING IN TO BUILD SIDEWALKS LIKE I'M A SINGLE FAMILY HOME. I'M SUBDIVIDE. I HAVE A REALLY BIG LAWN. I'M GOING TO SUBDIVIDE IT IN HALF AND SELL HALF TO MY SON. NO, I WOULD NOT HAVE YOU LOOK AT BUILDING A 12 FOOT VIBE TRAIL IN FRONT OF THE HOME AND OR A SIDEWALK FOR THAT PARTICULAR SITUATION. DOES THIS SAY THE VIBE TRAIL IS NOT IMPORTANT? NO, IT DOES NOT. BUT I DO THINK THE VIBE IN SOME OF THESE AREAS WITHIN THIS MAPPED AREA WOULD PROBABLY NEED TO BE LOOKED AT MORE HOLISTICALLY AS PART OF A CIP PROJECT TO BE [00:45:01] CONSTRUCTED ALONG WITH THE WHOLE IDEA OF THE VIBE TRAIL, AND NOT ON A ONE LOT AD HOC BASIS. I AGREE, SO WE'RE IT'S SAYING WHERE IT'S TALKING ABOUT THE SIDEWALK FEE, WOULD PEOPLE IN THIS AREA BE EXEMPT FROM PAYING A SIDEWALK FEE IF, IF AGAIN, IF THEY'RE LOOKING AT FOUR OR FEWER UNITS OR LOTS SO THEY WOULD, THEY WOULD GET THE POTENTIAL BENEFIT OF A CITY FUNDED VIBE TRAIL WITHOUT PAYING ANY KIND OF CONSTRUCTION FEE FOR THAT OUTSIDE OF THEIR, I GUESS, NORMAL PROPERTY TAXES. YES. OKAY THANK YOU FOR CLARIFYING THAT. OKAY. THAT WAS MY QUESTION. NEXT SLIDE. ALL RIGHT. LAST BUT NOT LEAST, THIS IS CODE NUMBER FIVE FOR YOU TO CONSIDER. AND THIS IS THE ABILITY TO HAVE A POTENTIALLY AMPLIFIED MUSIC, WITHIN OUR ZONING DISTRICT STILL CONTAINING AND USING THE SAME DECIBEL LIMITS THAT WE HAVE WITHIN OUR CODE. AND THIS WOULD BE ON A CONDITIONAL USE PERMIT BASIS. SO IT'S NOT ALLOWED BY RIGHT. BUT IT WOULD REFER BACK AND POTENTIALLY BE ALLOWED IF, IF APPROVED. AND THAT IS IT FOR THE CODE AMENDMENTS. I'M LOOKING FOR ANY REVISIONS THAT YOU HAVE ANY CHANGES QUESTIONS OKAY. THANK YOU VERY MUCH, BEFORE WE MOVE ON, WERE THERE ANY QUESTIONS ABOUT THAT LAST ITEM BEFORE WE TALK MORE HOLISTICALL? YEAH. OKAY. THANK YOU. ALL RIGH. SO I THINK WE HAVE TO GET A MOTION OUT THERE IN ORDER TO START HAVING DISCUSSION ON CERTAIN TOPICS. SO, I NOTICED THAT THERE WERE NOT QUESTIONS ABOUT FOOD TRUCKS OR SIDEWALKS. SO IF IT'S OKAY WITH Y'ALL, I'M GOING TO SPLIT THIS UP INTO DIFFERENT MOTIONS. I WAS GOING TO ASK IF WE COULD DO THAT. OKAY. I WOULD LIKE TO MAKE A MOTION TO APPROVE THE ORDINANCE CHANGES RELATED TO FOOD TRUCKS AND, NO, NOT SIDEWALKS. WHAT WAS THE LAST ONE? THE MUSIC. MUSIC, MUSIC. THANK YOU. RELATED TO FOOD TRUCKS AND THE OUTDOOR MUSIC. SECOND. SECOND. OKAY. MOTION IS BY MYSELF AND SECONDED BY COMMISSIONER SHELL TO APPROVE THE FOOD TRUCK AND OUTDOOR MUSIC ORDINANCE CHANGES. IS THERE ANY DISCUSSION ON THAT MOTION? OKAY, ALL THOSE IN FAVOR, PLEASE SAY AYE. AYE. ALL OPPOSED? SAY NAY. GREAT MOTION PASSES DOWN TO TWO. THREE. DOES SOMEONE WANT TO COME WITH A MOTION? I'LL MAKE A MOTION TO APPROVE. AMENDING CHAPTER 23. NUISANCES TO GRANT AUTHORITY TO THE BUILDING OFFICIAL TO ALLOW, AFTER OUR CONSTRUCTION. SECOND. OKAY. MOTION MADE TO APPROVE THE CHAPTER 23 AMENDMENTS ABOUT NUISANCES BY COMMISSIONER SHELL AND SECONDED BY COMMISSIONER SERRANO. ANY DISCUSSION ON THAT ONE? DO WE HAVE TO PUT IN THE MOTION THE REWORKING OF THE LANGUAGE AS OFFERED? YEAH OKAY. MAYBE I'LL DO THAT. YEAH, I CAN DO THAT, OKAY. WE CAN INCLUDE IN THE MINUTES THAT. ALL RIGHT. THE COMMISSION IS RECOMMENDING SOME CLARIFICATION LANGUAGE. OKAY THANKS. I WOULD JUST LIKE TO ADD JUST I'D LIKE TO SEE, YOU KNOW, WITHIN THE PROCESSES OF THE DEPARTMENT TO ACTUALLY, YOU KNOW, AT LEAST MAKE A LITTLE BIT MORE EFFORT TO THE ACTUAL RESIDENCES, YOU KNOW, AS I SAID, AT LEAST VIA SIGN AT THAT AREA, BECAUSE YOU CANNOT COUNT ON THE HOA'S AND THEN NOT ALL NEIGHBORHOODS HAVE HOA'S AND NOT EVERYBODY IS, AS I SAID EARLIER, YOU KNOW, MEDIA SAVVY. ANYBODY ELSE? OKAY. I, I CAN'T DO THIS ONE, I IT IT DOESN'T SIT RIGHT WITH ME THAT WE'RE TAKING SOMETHING AWAY FROM THE PUBLIC AND PUTTING IT IN PRIVATE, WHERE IT'S NOT EVEN ON A MEETING AGENDA IN ADVANCE, WHERE PEOPLE CAN KNOW THAT IT'S COMING. THEY'RE JUST TOLD AFTER THE FACT. HEY, IT'S BEEN DECIDED THAT THIS IS HAPPENING TO YOU. DEAL WITH IT. AND I DO UNDERSTAND TIME IS MONEY. I UNDERSTAND OUR WEATHER. OUR CLIMATE HERE IS REALLY UNPREDICTABLE. BUT, RULES ARE RULES, AND THE PEOPLE OF THIS COMMUNITY SHOULD BE RESPECTED AND THEY SHOULDN'T BE, KIND OF STEAMROLLED OVER. AND I'M ALSO CONCERNED ABOUT PUTTING THAT KIND OF DECISION MAKING ON ONE PERSON, BECAUSE ONE PERSON'S INTERPRETATION OF WHAT CONSTITUTES, YOU KNOW, AN URGENT AND QUALIFIED THING MIGHT BE DIFFERENT FROM SOMEONE ELSE'S. [00:50:05] AND IF YOU CAN CONVINCE A MAJORITY OF COUNCIL AT A MEETING THAT IT IS INDEED VALID AND URGENT, COOL. GO FOR IT. MAKE YOUR NOISE. IF IT'S ONE PERSON MAKING THE DECISION, I WORRY THAT, OVER TIME, NO INSULT FOR OUR CURRENT BUILDING OFFICIAL. I JUST WORRY THAT OVER TIME THAT COULD BE EXPLOITED AND, PEOPLE HERE WOULD LACK REDRESS OTHER THAN CALLING THEIR COUNCIL MEMBER THE NEXT DAY AND, YEAH. SO THAT'S THAT'S FOR ME, ANYBODY ELSE DISCUSSION? I THINK YOU SAID THAT. WELL THOSE WOULD BE MY CONCERNS, PUTTING IN ONE PERSON'S HAND, LEAVING AN INTERPRETATION OF THIS LANGUAGE WOULD BE PROBLEMATIC, PERHAPS EVEN WITH OTHER LANGUAGE, I DON'T KNOW, BUT I DO KNOW THIS. WE'RE SUPPOSED TO BE CONSIDERING PUBLIC HEALTH SAFETY, HEALTH AND WELFARE. GENERAL WELFARE, WHICH IS THE LAW GOVERNING US AND THE COUNCIL AND SO FORTH. STATE LAW, AND WHEN I THINK OF THE PLACE IN WHICH WE ALL LIVE, ONE OF THE CENTRAL COMPLAINTS IS THAT THE DEVELOPMENT IS UNCHECKED AND THAT IT'S MORE THAN AN INCONVENIENCE, THAT IT'S RISES TO THE LEVEL OF ALMOST BEING AN INSULT OR SOMETHING LIKE THAT. NOW, HAVING SAID THAT, I'M NOT ANTI-DEVELOPMENT. LET'S JUST BE CLEAR. I'M NOT AT ALL, I BELIEVE, WELL-MANAGED. IT'S DESIRABLE, ACTUALLY, BUT I DO HAVE THESE CONCERNS ABOUT WHERE WE'RE SITTING WITH THIS AND EXACTLY WHAT THE PUBLIC SENTIMENT IS. I KNOW FROM THIS DAIS THAT ONE CITY COUNCIL MEMBER AROUND THE CONSTRUCTION, I BELIEVE IT WAS AT LEHMANN THAT WAS GOING TO GO ON, EXPRESS THESE EXACT SAME CONCERNS ABOUT SCHOOL CONSTRUCTION. NOW, IF SOMEBODY FROM THE DAIS CAN STATE THAT CONCERN ABOUT SCHOOL CONSTRUCTION, THEN I WOULD THINK THAT, YOU KNOW, ANYTHING ELSE WOULD BE, YOU KNOW, SHOULD BE TAKEN SERIOUSLY AS WELL. ANY OTHER DISCUSSION? I'D LIKE TO REITERATE THAT, KEEPING THIS AT THE LEVEL OF COUNCIL WITH ALL OF THE CONCERNS THEY HAVE, AND WE'VE ALL SEEN THEIR MEETINGS EXTENDED, IS NOT THE RIGHT PLACE TO DO THIS KIND OF THING. THIS IS A PRETTY STANDARD THING THAT CAN BE MANAGED BY A CITY OFFICIAL WHO IS THE BUILDING OFFICIAL. AND IF IT'S NOT MANAGED PROPERLY, HE'LL HEAR ABOUT IT RIGHT AWAY BECAUSE PEOPLE WILL COMPLAIN. IT'LL GO TO COUNCIL, AND COUNCIL WILL REINSTRUCT THE BUILDING OFFICIAL TO DO IT RIGHT. SO BUT BUT TO HAVE COUNCIL HAVE TO GRANT AUTHORITY FOR AFTER HOURS CONSTRUCTION NOISE. I THINK IT'S IMPROPERLY PLACED. SO. MY THOUGHTS ON THAT VICE CHAIR IS THAT IT DOESN'T SEEM TO HAPPEN VERY OFTEN. THEY THEY CITED TWO OF THESE. SO I'M NOT REALLY CONCERNED ABOUT USING COUNCIL'S TIME BECAUSE I DON'T THINK IT CHEWS UP A WHOLE LOT OF IT, BUT I UNDERSTAND YOUR YOUR COMMENTS. I WOULD AGREE THAT THAT'S EXCEPTIONAL. AND PROBABLY WOULDN'T COME TO COUNCIL VERY OFTEN. OKAY IF THERE'S NO OTHER DISCUSSION, DISCUSSION ON THAT MOTION, WE CAN GO AHEAD AND VOTE. THE MOTION IS TO APPROVE THE PROPOSED CHANGES TO CHAPTER 23 ABOUT NUISANCES. ALL THOSE IN FAVOR, PLEASE SAY AYE. AYE. ALL OPPOSED? PLEASE SAY NAY. NAY OKAY. I THINK WE'RE TIED 3 TO 3. IT FAILS. YEAH. OKAY SO THAT ONE ARM WRESTLE FAILS IF A MOTION FAILS, DO WE HAVE TO KEEP MAKING MOTIONS TILL THEY PASS OR IT JUST FAILS? WE'RE DONE. OKAY. THANK YOU FOR TEACHING ME THE RULES. OKAY WOULD ANYONE LIKE TO COME WITH A MOTION ON NUMBER THREE? OKAY, I'LL MAKE A MOTION TO APPROVE ITEM THREE ABOUT THE ELECTRONIC MESSAGING BOARDS. I SECOND. OKAY, MOTION TO APPROVE BY VICE CHAIR JOHNSON AND A SECOND FROM VICE CHAIR DELORY. ANY DISCUSSION ON THAT MOTION? YEAH. QUICK QUESTION. SO WHEN IT COMES TO THESE ELECTRONIC BOARDS, HOW ARE THEY GOING TO BE LIKE VOTED IN PER NEIGHBORHOOD? LIKE HOW IS THAT PROCESS GOING TO LOOK LIKE IF YOUR NEIGHBORHOOD'S LIKE, YEAH, WE'RE GOING TO DECIDE TO PUT TWO IN. WHERE IS IT DECIDED THAT THEY GO INTO LIKE, YOU KNOW, LIKE REAR ENTRANCE, FRONT ENTRANCE OF THE NEIGHBORHOOD. SO HONESTLY, WE WOULD LOOK AT APPROVING THEM JUST LIKE WE APPROVE ANY OTHER PERMIT SIGNS. SO I WOULD HOPE THAT THOSE WORK THAT OUT AMONGST THEMSELVES AND THEN THEY COME AND JUST PULL A PERMIT FOR IT. SO AS FAR AS I HONESTLY, I SEE MAYBE SOME HOA'S WANTING TO DO THIS AND SOME JUST WON'T. SO IT'LL REALLY BE UP TO THE INDIVIDUAL HOAS BECAUSE THEY ARE GOING TO BE FUNDING AND PUTTING IN SAID SIGNAGE TOO. OKAY. AND THAT SHOULD HAPPEN AT THEIR [00:55:03] BOARD MEETING. SO, YOU KNOW, IF RESIDENTS HAVE AN ISSUE WITH IT, THEY CAN TALK TO THE EXECUTIVE BOARD OF THE HOA PERFECT. OKAY COOL. THANK YOU. ANY OTHER DISCUSSION ON THAT ONE? OKAY. ALL THOSE IN FAVOR OF APPROVING THE PROPOSED CHANGES RELATED TO ELECTRONIC MESSAGING BOARDS, PLEASE SAY I. AYE. ALL OPPOSED. SAY NAY. NO OKAY. MOTION PASSES. OKAY. LAST BUT NOT LEAST, SIDEWALK EXEMPTIONS. WHO WANTS TO GO FOR THAT ONE? I'LL MAKE A MOTION TO APPROVE. I'LL SECOND. OKAY. WE HAVE A MOTION TO APPROVE FROM. COMMISSIONER SCHEWEL AND A SECOND FROM COMMISSIONER STIEGEL. ANY DISCUSSION ON THAT ONE? I'M AWARE OF A CASE THAT CAME UP NOT TOO LONG AGO THAT WOUND UP BEING CONSIDERED BY A COUNCIL MEMBER. I THINK HELPING A SOON TO BE CITIZEN WHO OWNED LAND HERE AND WAS CONFRONTED WITH THIS PROBLEM OF SIDEWALK REQUIREMENTS AND THE HASSLE THEY WENT THROUGH IT WAS CONSIDERABLE. SO I'M 100% SUPPORT OF THIS BECAUSE THERE ARE SINGLE LOTS HERE. WE'RE SUPPOSED TO BE DOING INFILL, AND THERE ARE A LOT OF SINGLE LOTS AROUND HERE WHERE SOMEBODY MIGHT WANT TO BUY A PIECE OF PROPERTY OVER HERE ON THE SOUTH SIDE, FOR INSTANCE, THAT I WOULD BE FAMILIAR WITH, AND THERE'S DITCHES AND ALL MANNER OF THINGS TO HAVE TO DEAL WITH. AND IF YOU BOUGHT A CORNER LOT THERE, THE AMOUNT OF CONCRETE YOU'D HAVE TO POUR WOULD BANKRUPT YOU IF YOU WERE A PRIVATE CITIZEN. SO I'M ALL FOR GIVING PEOPLE A BREAK IN THAT SITUATION. ANY OTHER DISCUSSION? OKAY MY THOUGHT ABOUT THIS GOES BACK TO WHAT I SAID BEFORE ABOUT THE FUNDING FOR THE VIBE TRAIL, FOR THOSE PORTIONS OF THE ROAD. I, I AGREE THAT YOU SHOULDN'T BE FORCED AS A PRIVATE CITIZEN TO PAY FOR OR FUND THE VIBE TRAIL, BUT TO BE EXEMPT FROM ANY KIND OF YOU KNOW, FEE IN LIEU OF CONSTRUCTING YOUR THING. THAT PART DOESN'T SIT WELL WITH ME. THAT YOU'RE JUST KIND OF GETTING OFF SCOT FREE WHEN EVERYONE ELSE IN THE COMMUNITY WOULD HAVE TO HAVE TO PAY FOR SUCH A THING. SO THAT WOULD BE MY THOUGHTS ON THAT ONE. I CAN'T VOTE FOR IT AS AS MOTIONED. ANY OTHER DISCUSSION ON THAT ONE? OKAY, THE MOTION IS TO RECOMMEND APPROVAL OF THE ORDINANCE. CHANGES RELATED TO SIDEWALK EXEMPTIONS IN THE OLD TOWN AREA. ALL THOSE IN FAVOR, PLEASE SAY AYE. AYE. ALL OPPOSED? SAY NAY. NAY. MOTION PASSES. OKAY AND THAT BRINGS US TO ITEM NUMBER FIVE. ADJOURNMENT, AS WE'VE COMPLETED ALL THE ITEMS ON THE MEETING'S AGENDA, THERE'S NOTHING FURTHER THAT CAN BE DISCUSSED TODAY. SO WE ARE ADJOURNED * This transcript was compiled from uncorrected Closed Captioning.