Link


Social

Embed


Download

Download
Download Transcript

[00:00:01]

GOOD MORNING EVERYONE.

IT IS 9:10 AND WE'RE GOING TO CALL THE QUALITY OF LIFE ARTS AND CULTURE COMMITTEE MEETING TO ORDER.

THE FIRST ITEM ON THE AGENDA IS THE APPROVAL OF THE APRIL 20, 2026 QUALITY OF LIFE.

MOVE APPROVAL.

I HAVE A SECOND? MOTION IS MADE AND PROPERLY SECOND.

ALL IN FAVOR SAY AYE.

AYE.

ALL OPPOSED? ALL RIGHT.

AND MOVING FORWARD, TODAY WE HAVE ONE BRIEFING ITEM AND WE HAVE SOME MEMOS THAT WE WANT TO GO THROUGH.

AND IN THE INTEREST OF TIME, I'LL GO THROUGH EACH ONE OF THEM, CALL THEM OUT.

AND IF YOU HAVE SOME QUESTIONS AND IF SOME OF THEM NEED TO BE PRESENTED, MADAM CITY MANAGER, JUST LET US KNOW AND WE'LL GO FROM THERE.

AND I'LL LET YOU INTRODUCE THE FIRST ITEM.

GOOD MORNING.

THANK YOU SO MUCH.

ALINA SIOKIAN, ASSISTANT CITY MANAGER.

THE FIRST ITEM IS RELATED TO SOME PROPOSED AMENDMENTS TO CHAPTER 51 AND 51A TO ESTABLISH A NEW LAND USE EVENT VENUE AND CHAPTER 27 TO EXPAND THE DEFINITION OF CO-VIOLATIONS IN THE HABITUAL NUISANCE PROPERTY PROGRAM.

AND WE HAVE JEREMY REED, ASSISTANT DIRECTOR FOR CO-COMPLIANCE SERVICES, AND MEGAN WEIMER, WHO WILL BE PRESENTING THIS PRESENTATION.

THANK YOU SO MUCH.

I'LL KICK IT OFF.

GOOD MORNING.

ALL RIGHT, SO THIS, WE ARE HERE TO BRIEF AMENDMENTS TO 51 AND 51A TO CREATE A NEW LAND USE CALLED EVENT VENUE.

WE'LL GO OVER THE BACKGROUND INFORMATION, THE PROPOSAL BRIEFLY, AND THEN THE IMMEDIATE NEXT STEPS.

NEXT SLIDE, PLEASE.

ALL RIGHT, SO AGAIN, THIS IS A CREATION OF A NEW LAND USE, EVENT VENUE.

NEXT SLIDE.

ALL RIGHT, SO A LITTLE BACKGROUND.

IN JUNE OF 2022, DURING THE SHORT-TERM RENTAL DISCUSSIONS, THERE WAS A LOT OF TALK ABOUT PARTY HOUSES AND NUISANCES IN NEIGHBORHOODS.

AND AT THAT TIME, CODE COMPLIANCE AND PLANNING DISCUSSED THE CREATION OF A NEW LAND USE TO ADDRESS THIS KIND OF EVENT VENUE.

AS ONE OF THE SEVERAL POTENTIAL TOOLS TO HELP ADDRESS THESE PROBLEMATIC EVENTS IN RESIDENTIAL NEIGHBORHOODS BY MORE CLEARLY DEFINING A USE AND NOT ALLOWING IT IN NEIGHBORHOODS.

SO THE INTEREST WAS RENEWED AGAIN IN 2026 IN ANTICIPATION OF FIFA.

AND SO WE ARE BRINGING FORWARD AMENDMENTS TO CREATE A LAND USE.

INITIALLY, WE REFERRED TO IT AS A RECEPTION FACILITY.

SINCE THEN, DURING ZOAC DISCUSSIONS, A DIFFERENT NAME SUCH AS EVENT VENUE WAS THROWN OUT AS MAYBE A MORE APT NAME.

SO THAT'S WHAT WE WILL BE REFERRING TO IT AS GOING FORWARD.

NEXT SLIDE, PLEASE.

SO IN 2026, STAFF INITIATED A CODE AMENDMENT TO CREATE A NEW LAND USE EVENT VENUE.

AND AS PART OF THAT, WE'RE PROPOSING TO REMOVE COMMERCIAL WEDDING CHAPEL FROM THE CODE BECAUSE IT'S DUPLICATIVE.

WE CAN ROLL IT INTO THIS CREATION OF A NEW LAND USE.

SO THE PROPOSED AMENDMENT WAS RECOMMENDED BY ZONING OR THE ZONING ORDINANCE ADVISORY COMMITTEE ON APRIL 7TH. WE THEN TOOK IT TO CITY PLAN COMMISSION ON APRIL 9TH, 2026.

AND.

IT WENT THROUGH SMOOTHLY WITH A COUPLE OF MINOR ADJUSTMENTS AND NOW WE'RE PRESENTING IT TO YOU IN ANTICIPATION OF TAKING IT TO FULL COUNCIL ON MAY 27TH.

NEXT SLIDE PLEASE.

SO THE WAY WE HAVE PROPOSED DEFINING EVENT VENUE IS A FACILITY THAT IS RENTED FOR PRIVATE EVENTS FOR INVITED GUESTS SUCH AS CEREMONIES, RECEPTIONS, PARTIES, CELEBRATIONS, BANQUETS, PROFESSIONAL...

PROFESSIONAL OR INDUSTRY GATHERINGS AND FUNDRAISERS.

SO CURRENTLY THESE TYPES OF FACILITIES ARE CLASSIFIED AS THE SLIGHTLY MISMATCHED COMMERCIAL AMUSEMENT INSIDE BECAUSE WE DO NOT HAVE MORE APPROPRIATE LAND USE IN THE CODE ALTHOUGH IT DOESN'T COMPLETELY ALIGN AGAIN THAT'S THE CLOSEST USE WE HAVE RIGHT NOW.

SO BY ESTABLISHING THIS NEW LAND USE, IT RECOGNIZES THE UNIQUE NATURE OF FACILITIES THAT HOST PRIVATE EVENTS.

BY INVITATION ONLY ON ATYPICAL TIMES, LIKE IT'S NOT A RECURRING EVENT SUCH AS A COMMERCIAL AMUSEMENT INSIDE, WHICH IS OPEN TO THE GENERAL PUBLIC, YOU KNOW, DAILY.

[00:05:02]

THIS LAND USE, BY CREATING IT, WILL HELP CODE COMPLIANCE.

SITE PROPERTIES THAT ARE NOT INTENDED OR PERMITTED FOR HOLDING THESE FREQUENT TYPES OF GATHERINGS.

NEXT SLIDE PLEASE.

SO THE FOLLOWING STANDARDS ARE PROPOSED FOR THIS NEW LAND USE.

IT WOULD BE PROHIBITED IN RESIDENTIAL DISTRICTS.

IT WOULD, THE REQUIRED PARKING WOULD BE THE SAME AS COMMERCIAL AMUSEMENT INSIDE WHICH IS 1 TO 200 NOW.

AND THE VENUES WOULD BE PROHIBITED FROM CHARGING AN ENTRY FEE AT THE DOOR WITH SOME EXCEPTIONS.

SO THE INTENT IS THAT THESE ARE PRIVATE GATHERINGS FOR INVITED GUESTS ONLY.

NEXT SLIDE, PLEASE.

ALL RIGHT.

SO COMING OUT OF ZOAC, THERE WERE SOME RECOMMENDATIONS TO ADDRESS NOISE SO WE ALIGNED THIS UM THIS PROVISION WITH THAT OF USES REQUIRING A RESIDENTIAL ADJACENCY REVIEW WHICH IS USES THAT ARE WITHIN 330 FEET OF A RESIDENTIAL DISTRICT THAT'S THE KEY THE 330 FEET SO UM WITHIN 330 FEET OF A PROPERTY ZONED RESIDENTIAL OR MIXED USE THE NOISE LEVEL WILL BE LIMITED TO 65 DECIBELS BETWEEN 9 A.M AND 9 P.M AND 56 DECIBELS BETWEEN 9 P.M AND 9 A.M AND THEN THERE WILL BE A LIMIT ON THE AMOUNT OF OUTDOOR SPACE BECAUSE THERE WAS A CONCERN AT CITY PLAN COMMISSION ABOUT THESE TURNING INTO FULL OUTSIDE VENUES AND THEREFORE YOU KNOW BEING NUISANCES TO ADJACENT PROPERTIES SO SOMETHING THAT CITY PLANNING COMMISSION WAS COMFORTABLE WITH WAS LIMITING THE OUTSIDE AREA TO 25% OF THE INDOOR SPACE.

AND THEN TO RECOGNIZE EXISTING SUCH FACILITIES THAT WERE GIVEN CERTIFICATE OF OCCUPANCY FOR COMMERCIAL AMUSEMENT INSIDE, THEY WOULD JUST REMAIN LEGAL.

THEY WOULD NOT BE NON-CONFORMING.

THERE'S A...

CLAUSE IN THE ORDINANCE THAT WOULD ALLOW THEM TO CONTINUE TO OPERATE BUT ANY NEW ONES THAT WERE TO COME IN WOULD GET THE CERTIFICATE OF OCCUPANCY FOR THIS NEWLY UM CREATED LAND USE NEXT SLIDE PLEASE OKAY SO BY ESTABLISHING THIS LAND USE THE CITY CAN MORE CLEARLY DISTINGUISH BETWEEN RESIDENTIAL AND COMMERCIAL ACTIVITIES LIKE THIS IS NOT INTENDED TO PROHIBIT A PRIVATE GATHERING IN SOMEONE'S HOME WHERE THEY RESIDE, YOU KNOW, HAVING A PARTY DOESN'T ADDRESS THAT.

BUT IT DOES PREVENT COMMERCIAL EVENT VENUES FROM OPERATING IN SINGLE-FAMILY NEIGHBORHOODS WHERE THEY ARE LIKELY TO BE DISRUPTIVE.

SOMETHING ELSE THAT CAME OUT OF, I BELIEVE IT CAME OUT OF ZOAC, WAS TO INITIALLY STAFF HAD RECOMMENDED ALLOWING THE USE OF IF ALLOWING THE USE UP TO 2,500 SQUARE FEET IN NEIGHBORHOOD OFFICE AND NEIGHBORHOOD SERVICE DISTRICTS, ZOAC DID HAVE SOME CONCERNS ABOUT THAT BECAUSE THOSE DISTRICTS ARE INTENDED TO BE ADJACENT TO AND COMPATIBLE WITH RESIDENTIAL DISTRICTS AND USES.

SO WHAT CAME OUT OF ZOAC WAS ALLOWING UM THE USE ONLY BY SPECIFIC USE PERMIT IN THOSE ZONING DISTRICTS.

SO THIS WILL PROVIDE A CLEAR PATH FOR LEGITIMATE EVENT VENUES TO OPERATE IN THE APPROPRIATE NON-RESIDENTIAL AREAS AND IT WILL ALLOW CODE COMPLIANCE TO MORE CONSISTENTLY ENFORCE THESE REGULATIONS AND ENSURE THAT EVENT VENUES OPERATE WITH THE APPROPRIATE APPROVALS.

NEXT SLIDE PLEASE.

ALL RIGHT, AND SO THE NEXT STEPS ARE TO AMEND BOTH CHAPTERS 51A AND 51 TO CREATE, TO REMOVE COMMERCIAL WEDDING CHAPEL AND CREATE THE RECEPTION FACILITY OR EVENT VENUE LAND USE, AND CITY COUNCIL WILL CONSIDER THIS ON MAY 27TH. ALL RIGHT, NEXT SLIDE PLEASE, AND I WILL TURN IT OVER.

GOOD MORNING, CHAIR, COMMITTEE, JEREMY REED, ASSISTANT DIRECTOR, CODE COMPLIANCE.

I WILL BE TAKING US THROUGH ANOTHER BRIEF CODE AMENDMENT THAT WE'RE DOING SEPARATELY BUT ADJACENT TO THE LAND USE JUST DESCRIBED.

SO THE HABITUAL NUISANCE PROPERTY ORDINANCE IS AN

[00:10:01]

EXISTING ESCALATION TOOL FOR PROPERTIES WITH REPEATED QUALIFYING VIOLATIONS.

IT WAS FIRST ADOPTED IN 2021 AND THEN THAT LIST OF QUALIFYING VIOLATIONS FOR HNP DESIGNATION WAS EXPANDED IN 2022.

NEXT SLIDE.

THIS SMALL AMENDMENT MAKES A LIMITED EXPANSION BY ADDING TWO H&P ELIGIBLE VIOLATIONS, BOTH IN CHAPTER 51A, ILLEGAL LAND USE AND NO CO, NO CERTIFICATE OF OCCUPANCY.

THIS FITS SQUARELY WITHIN THE PURPOSE OF THE ORDINANCE BECAUSE THEY ADDRESS REPEATED, UNAUTHORIZED USE OF PROPERTY, OFTEN IN A BUSINESS OR COMMERCIAL CONTEXT.

THIS DOES NOT CREATE A NEW VIOLATION OR CHANGE ANY ZONING REQUIREMENTS.

IT SIMPLY ALLOWS REPEATED ILLEGAL LAND USE OR CO VIOLATIONS TO COUNT TOWARD THE EXISTING H&P DESIGNATION PROCESS.

NEXT SLIDE.

AND THIS ITEM IS SCHEDULED FOR CITY COUNCIL CONSIDERATION ON MAY 27TH. AND WE'RE HERE FOR ANY QUESTIONS.

ALL RIGHT.

THANK YOU SO MUCH.

AND I WILL START.

DOWN ON MY LEFT WITH MISS CADENA VICE CHAIR CADENA FIRST AS OTHER COLLEAGUES GET SITTING DO YOU HAVE ANY QUESTIONS YES YES SIR UH THANK YOU UM I HAVE SOME SOME QUESTIONS ON THIS EVENT VENUE A DEAL DOES IT UH HOW DOES IT APPLY TO CHURCHES, SYNAGOGUES, SCHOOLS, PUBLIC OR INSTITUTIONAL FACILITIES THAT HAVE DIFFERENT KIND OF EVENTS AND DIFFERENT KIND OF SPEAKERS AND CHARGE AND DO STUFF? ARE THEY GOING TO BE SUBJECT TO US HAVING TO DEAL WITH THE CITY? I WOULD SAY THAT A CHURCH OR SYNAGOGUE OR A USE TO WHICH EVENTS ARE CUSTOMARILY INCIDENTAL WOULD JUST BE ALLOWED TO DO SO AS PART OF THEIR MAIN USE.

THIS WOULDN'T NECESSARILY AFFECT IT.

ARE THEY GOING TO HAVE TO HAVE ANY SPECIAL...

PERMITS OR SPECIAL REQUIREMENTS OR HAVE TO COME TO US TO GET NO THEY WOULD HAVE A I DON'T THINK IT'S REALLY CLEAR WHAT YOU'RE SAYING AND I THINK THAT IF THAT IF YOU'RE GOING TO BAKE AN ORDINANCE IT BETTER BE CLEAR THAT THIS DOESN'T APPLY TO TO INSTITUTIONAL SCHOOLS CHURCHES SYNAGOGUES AND OTHER NONPROFIT ORGANIZATIONS THAT ARE DOING THIS AS A MATTER OF COURSE.

NUMBER ONE NUMBER TWO ALL OF THESE PLACES ARE IN RESIDENTIAL AREAS TYPICALLY RIGHT OFTEN THEY ARE YES SIR OKAY SO IN OTHER WORDS I'M TRYING TO FIGURE OUT WHAT ARE WE TRYING TO SOLVE HERE WHAT'S THE PROBLEM THAT YOU ALL ARE TRYING TO SOLVE THE PROBLEM THAT WE'RE TRYING TO SOLVE IS NOT THOSE TYPES OF VENUES THAT WE HAVEN'T SEEN THOSE AS ISSUES THAT ARE AT THE FOREFRONT SO SPECIFICALLY DURING THE SHORT-TERM RENTAL CONVERSATIONS, A RECURRING CONCERN WAS SINGLE-FAMILY HOMES AND SINGLE-FAMILY NEIGHBORHOODS BEING RENTED OUT JUST FOR THE PURPOSE OF HOLDING PARTIES.

AND CODE COMPLIANCE, THERE WAS KIND OF A GRAY AREA, I THINK, OF HOW TO ENFORCE ON THOSE.

AND SO BY DEFINING A LAND USE AND PROHIBITING IT IN RESIDENTIAL DISTRICTS, THAT GIVES US A PATH TO ADDRESS THAT KIND OF NUISANCE.

OKAY, WELL I'M REAL CONCERNED ABOUT THE ORDINANCE WORDING.

BECAUSE WORDS MATTER WHEN WE CREATE THESE REGULATIONS.

AND I WANT TO MAKE SURE THAT WE'RE NOT OVERREACHING AND PENALIZING FOLKS THAT ARE DOING THE RIGHT THING IN ORDER TO TAKE CARE OF A SMALL PORTION OF PEOPLE WHO ARE DOING THE WRONG THING THAT'S NUMBER ONE NUMBER TWO HOW ARE YOU ALL HANDLING PARTY HALLS AND QUINCEANERA PLACES AND PLACES THAT ARE DOING THAT NOW THAT ARE IN COMMERCIAL DISTRICTS WOULD THIS AFFECT THAT RIGHT YES SO THAT WOULD GIVE US ALSO A MORE APPROPRIATE WAY TO CLASSIFY THOSE USES SO COMMERCIAL AMUSEMENT INSIDE SAYS THAT IT'S OPEN TO THE GENERAL PUBLIC FOR A FEE AND QUINCEANERAS OR EVENTS LIKE THAT IN COMMERCIAL AREAS THEY GET A CERTIFICATE OF OCCUPANCY FOR COMMERCIAL AMUSEMENT INSIDE WE OFTEN HAVE THE CONVERSATION UM AT THE TIME OF THE CEO THEY SAY BUT HEY I'M NOT CHARGING IT'S NOT OPEN TO THE GENERAL PUBLIC I'M NOT CHARGING A FEE AT THE DOOR IS THIS REALLY THE CORRECT LAND USE.

WE DO RECOGNIZE THAT THAT IT'S NOT QUITE ALIGNED SO THIS WOULD ALLOW A MORE APPROPRIATE CLASSIFICATION I DO WANT TO CIRCLE BACK TO YOUR PREVIOUS QUESTION WE DID THERE IS AN EXCEPTION THAT WE'RE PROPOSING UM AND I'M SORRY I THINK THIS CAME LATER BUT

[00:15:03]

UNDER ADDITIONAL PROVISIONS UM ANY GENERAL ADMISSION FEE, INCLUDING DONATIONS MADE AT THE DOOR IN EXCHANGE FOR ENTRANCE BY THE GENERAL PUBLIC, IS PROHIBITED EXCEPT FOR FUNDRAISERS OR EVENTS FOR BONA FIDE NONPROFIT ORGANIZATIONS, PLACES OF WORSHIP, OR EDUCATIONAL FACILITIES.

I DON'T KNOW THAT THAT QUITE ADDRESSES THE QUESTION, BUT WE DID ACKNOWLEDGE THAT THOSE KINDS OF FACILITIES DO HAVE.

FUNDRAISERS AND THINGS LIKE THAT WHY ARE YOU LIMITING THE OUTSIDE VENUE IF IF A IF A PROPERTY HAS ENOUGH SPACE TO DO SOMETHING OUTSIDE WHY ARE YOU MAKING A DECISION THAT THEY SHOULDN'T BE ABLE TO USE THE OUTSIDE IF IT'S CONTROLLED IF IT'S AUTHORIZED IF IT'S GOT IF IT'S GOT SECURITY I MEAN IF IT'S HANDLING IT PROPERLY WHAT DIFFERENCE DOES IT MAKE TO YOU ALL SO I'M NOT SURE THAT IT NECESSARILY MAKES A HUGE DIFFERENCE TO TO STAFF IT WAS NOT PART OF OUR INITIAL PROPOSAL BUT THAT WAS A CONCERN THAT WAS RAISED BY THE CITY PLAN COMMISSION I THINK THAT THERE ARE SOME INSTANCES THAT THEY HAD SEEING WHERE THE OUTSIDE AREA BECOMES THE MAIN FOCUS AND IT'S LARGER THAN THE INSIDE AND THEN YOU GET NOISE AND OUTSIDE ACTIVITIES THAT CAN BE DISRUPTIVE TO ADJACENT PROPERTIES.

SO BY LIMITING THE SIZE TO THAT, THE SIZE OF THE INDOOR AREA, SO IF THERE WERE A HUGE PROPERTY WITH THE HUGE BUILDING YOU KNOW 25 IT'S GOING TO BE MORE THAN IF WE'RE DEALING WITH VERY SMALL VENUE WITH LIMITED FLOOR AREA WELL BUT AGAIN YOU'RE YOU'RE IDENTIFYING EXACTLY MY CONCERN YOU HAVE A NOISE ORDINANCE YOU HAVE THAT IF PEOPLE ARE MAKING NOISE I DON'T CARE IF IT'S IN A IF IT'S IN A 10-FOOT AREA OR A TWO-ACRE AREA IF THEY'RE VIOLATING THAT IT'S VIOLATING IT BUT BUT IF YOU HAVE A SMALL INSIDE VENUE BUT THEY WANT TO HAVE AN OUTSIDE RECEPTION THEY WANT TO DO SOMETHING I DON'T KNOW THAT THIS IS A BUSINESS.

THAT WE SHOULD BE IN REGULATING TO THE EXTENT THAT YOU ALL ARE TRYING TO DO IT.

AND IF YOU'RE GOING TO DO IT, DO IT IN A SENSITIVE MANNER TO ALLOW THE PEOPLE WHO ARE DOING IT PROPERLY TO BE ABLE TO SUCCEED IT.

AS FAR AS YOUR CODE VIOLATION DEAL, I DON'T UNDERSTAND.

ARE YOU JUST ADDING THAT NOT HAVING A CO AND NOT HAVING A...

AN ILLEGAL LAND USE THAT'S THAT'S IN THE YOU'RE ADDING THAT TO A VIOLATION FOR FOR ORDINANCE ENFORCEMENT UH THANK YOU FOR THE QUESTION COUNCILMEMBER SO HABITUAL NUISANCE PROPERTY DESIGNATION IS A PROGRAM IN CHAPTER 27 WHERE PROPERTIES THAT HAVE REPEATED VIOLATIONS OF CERTAIN TYPES BESIDES JUST BEING ABLE TO INCUR CITATIONS AND BEFORE TRIAGE TO COMMUNITY PROSECUTION, IT'S AN ADDITIONAL ENFORCEMENT TOOL THAT CODE COMPLIANCE CAN USE.

SO IF SOMEONE HAS TOO MANY NOISE VIOLATIONS OR MINIMUM PROPERTY STANDARDS VIOLATIONS OR EVEN LITTER VIOLATIONS, BECAUSE WE HAVE TO COME OUT THERE TO THAT PROPERTY OVER AND OVER AGAIN, THIS IS A WAY TO GET A LITTLE MORE BUY-IN FROM THE PROPERTY OWNER AND ALSO RECOUP SOME OF THOSE INSPECTION CHARGES.

WHAT THIS DOES, SO ILLEGAL LAND USE AND NOT HAVING A CO ARE ALREADY VIOLATIONS.

WHAT THIS DOES IS IT ADDS THOSE VIOLATIONS TO THE LIST OF ELIGIBLE VIOLATIONS FOR WHICH CAN COUNT AGAINST THE PROPERTY TO STACK UP TO THOSE THREE OR MORE.

THAT THEY COULD BE DESIGNATED AS HABITUAL NUISANCE PROPERTY FOR AGAIN I'M A LITTLE BIT IT'S NOT THE FACT I'M CONCERNED ABOUT US ADDING THINGS TO VIOLATIONS THAT ARE CLEAR VIOLATIONS ANYWAY IT'S ALREADY IN THE CODES IF YOU DON'T HAVE A CEO YOU CAN'T DO BUSINESS THERE YOU SHOULD BE ABLE TO ENFORCE IT WITHOUT HAVING TO BAKE IT INTO EVERY ORDINANCE IF YOU DO IF YOU HAVE AN ILLEGAL LAND USE WHY DO WE HAVE TO PUT IT INTO THE STRUCTURE OF THE ACTUAL DOCUMENT WHEN IT'S AN ILLEGALITY ANYWAY AND AGAIN THIS IS A LEGAL ISSUE IT'S A FORMATTING ISSUE AND IT'S A DESIGN OF ORDINANCE ISSUE IF YOU HAVE TO PUT THIS IN EVERY SINGLE ORDINANCE THAT THIS IS PART OF YOUR ENFORCEMENT PROVISION, IT SEEMS LIKE IT'S THE WRONG WAY TO DRAFT NEW REGULATIONS SO THAT'S THAT ANYWAY IT'S JUST A COMMENT THANK YOU AND IF I MAY I'M COUNCILMEMBER ROTH I DO WANT TO MAKE THE CLARIFICATION I SHOULD HAVE MENTIONED THIS PREVIOUSLY SO THE OUTSIDE LIMITATION THE LIMITATION ON THE OUTSIDE AREA IS ONLY APPLICABLE IF THE PROPERTY WAS IT IS IN 330 FEET OF A RESIDENTIAL DISTRICT SO IF THEY'RE SQUARE IN THE MIDDLE OF A NON-RESIDENTIAL, NO WORRIES.

WELL, ALL OF THESE INSTITUTIONAL USERS THAT I'M TALKING ABOUT ARE NEIGHBORHOOD USERS.

SO YOU'VE GOT TO REALLY SORT OF FIGURE OUT WHAT YOU'RE REALLY TALKING ABOUT HERE AND MAKE SURE THAT IT'S NOT ADVERSELY IMPACTING

[00:20:01]

PEOPLE THAT ARE NOT CREATING A PROBLEM.

AND THAT WAS NOT THE INTENT, BUT THANK YOU.

NOTED, YES.

THANK YOU, MR. ROTH.

CHAIR RIDLEY.

THANK YOU, MR. CHAIR.

LET ME START WITH THE HABITUAL NUISANCE PROPERTY ORDINANCE AMENDMENT.

I FULLY SUPPORT ADDING THESE TWO VIOLATIONS TO THE HNP ORDINANCE.

THAT'S THE ONLY ORDINANCE WE'RE TALKING ABOUT ADDING THEM TO, AND WE ARE REALLY HANDICAPPING THE HNP DESIGNATION PROCESS.

IF WE DON'T HAVE THESE COMMON VIOLATIONS THAT WILL BE SUBJECT TO THE HNP ORDINANCE.

MY ONLY QUESTION TO YOU, JEREMY, IS DID YOU CONSIDER ADDING ANY OTHER VIOLATIONS TO QUALIFY FOR THE HNP DESIGNATION? THANK YOU FOR THE QUESTION, COUNCILMEMBER.

SO THE CURRENT, ORIGINALLY IT WAS INTENDED TO ADDRESS COMMERCIAL PROPERTIES AND OFTEN THOSE THAT HAVE EVENTS, NIGHTTIME ENTERTAINMENT TYPE OF EVENTS.

THESE TYPES OF BUSINESSES OFTEN SEE A CITATION HERE AND THERE AS COST OF DOING BUSINESS, AND THEY MAY NOT YET RISE TO THE THRESHOLD OF A LAWSUIT.

AND SO THIS HAS A MONTHLY CHARGE, AND WE CAN ALSO IMPOSE DIFFERENT STANDARDS.

THE CHIEF OF POLICE AND THE DIRECTOR OF CODE COMPLIANCE CAN IMPOSE DIFFERENT REQUIREMENTS ON BUSINESSES DESIGNATED, AND THEY GET MONTHLY INSPECTIONS, SO WE KEEP ADDITIONAL TABS ON THOSE PROPERTIES.

SO...

AT THE MOMENT, WE DON'T HAVE ANY OTHERS THAT WE'RE CURRENTLY CONSIDERING.

THIS REALLY, WE DO BELIEVE, NOT ONLY DOVETAILS WITH THE EVENT VENUE LAND USE COMING FORWARD BEFORE YOU TODAY, IT ALSO, WE THINK, REALLY WAS PROBABLY APPROPRIATE FOR THAT ORIGINAL IDEA OF THE ORDINANCE, THOSE BUSINESSES THAT, AGAIN, REPEATEDLY EITHER GO OUTSIDE OF THEIR CO, OPERATE WITHOUT A CO, OR DON'T FOLLOW ALL OF THOSE LAND USE PROVISIONS.

SO THIS COULD BE USED TO ADDRESS THOSE.

PROPERTIES THAT ARE CO'D AS A RESTAURANT THAT THEN CLOSE THEIR KITCHENS AT 10 O'CLOCK AND BECOME A BAR WITHOUT A CO FOR THAT? SO, YES, IF WE WERE TO TAKE ENFORCEMENT ACTION WITH CITATIONS AGAINST SUCH A PROPERTY AND THOSE WERE GOING TO PILE UP, THIS WOULD BE AN ADDITIONAL ENFORCEMENT TOOL TO LAYER ON TOP OF THAT TO HOPEFULLY, AGAIN, GAIN MORE BUY-IN AND HAVE THE PROPERTY OWNERS PAY THAT MONTHLY FEE.

RIGHT.

OKAY.

THANK YOU.

SO BACK TO THE COACHING FOR WHAT WAS ORIGINALLY THE RECEPTION FACILITY NOW RENAMED EVENT VENUE ON SLIDE 10, YOU'RE STILL USING THE TERM RECEPTION FACILITY.

THAT NEEDS TO BE CHANGED TO EVENT VENUE, DOESN'T IT? YES.

WE KIND OF WENT BACK AND FORTH UNTIL THE FINAL NAME IS DECIDED ON.

BUT, YES, WE'LL MAKE SURE IT'S ALL CONSISTENT.

SO PROHIBITED IN RESIDENTIAL ZONING DISTRICTS, WHAT'S TO PREVENT SOMEONE FROM REZONING A SINGLE-FAMILY HOME IN THE MIDDLE OF A NEIGHBORHOOD TO AN EVENT VENUE? I MEAN THEY COULD ATTEMPT THAT UM BUT I WOULD IMAGINE THAT WOULD NOT BE PALATABLE AND PROBABLY WOULD NOT MAKE IT BUT MY POINT IS THERE'S NOTHING IN THIS PROPOSED ORDINANCE THAT WOULD PREVENT THAT DON'T YOU NEED SOME KIND OF A DISTANCE REGULATION THAT THEY'RE NOT ALLOWED WITHIN 100 FEET OF A RESIDENTIAL DISTRICT SOMETHING LIKE THAT I MEAN WE HAVE THAT'S NOT SOMETHING WE CONSIDERED.

THERE'S THE 330 FEET THAT TRIGGERS MORE REGULATIONS ON SOUND AND THEN THE LIMITATION OF THE OUTSIDE AREA.

BUT THAT'S JUST NOT ON SOUND.

IT'S NOT ON THE USE ITSELF.

SO YOU COULD HAVE A PROPERTY THAT'S IN A RESIDENTIAL ADJACENCY WITHIN 100 FEET AND YOU COULD HAVE THE SAME PROBLEMS. SO I WOULD SUGGEST THAT THAT PROHIBITION INCLUDE A DISTANCE LIMITATION WITHIN 100 FEET OR WHATEVER DISTANCE YOU THINK IS APPROPRIATE OF A RESIDENTIAL ZONING DISTRICT.

I THINK WITH REGARD TO SLIDE 08, THE NOISE LIMITATIONS, I THINK IT'S GREAT TO HAVE EXPRESS LIMITS IN TERMS OF DECIBELS BY TIME OF DAY.

THOSE ARE MUCH LOWER THAN OUR CURRENT.

ORDINANCE AGAINST NOISE, WHICH IS, I THINK, 85 DECIBELS, ISN'T IT? THANK YOU FOR THE QUESTION, COUNCIL MEMBER.

SO STANDARD ACROSS THE CITY, THE RESIDENTIAL DISTRICTS IS 56.

OKAY.

AND THEN IT GOES UP FROM THERE DEPENDING ON THE ZONING TYPE.

SO IN COMMERCIAL DISTRICTS IT WOULD BE HIGHER.

WHAT IS IT CURRENTLY? OFFICE, RETAIL, MULTIPLE COMMERCIAL, THOSE TYPES OF DISTRICTS IS 63.

AND THEN ONCE YOU GO UP TO COMMERCIAL SERVICE IS 65, AND THEN SOME OF THE INDUSTRIAL ZONES HAVE UP

[00:25:02]

TO THE 70S. OKAY.

SO THIS WOULD IN THE...

COMMERCIAL DISTRICTS THAT HAVE THIS ZONING CATEGORY IT WOULD POTENTIALLY LOWER THE DECIBEL LIMITS FOR AN EVENT FACILITY YES, COUNCILMEMBER, IT WOULD, AND CERTAINLY PAST THAT 9 P.M.

IT WOULD LOWER IT TO THE RESIDENTIAL THRESHOLD RATHER THAN THAT COMMERCIAL THRESHOLD.

OKAY.

AND THEN, MEGAN, YOU MENTIONED SOMETHING ABOUT AN SUP IN CERTAIN CONDITIONS.

COULD YOU GO OVER THAT AND ELABORATE A BIT? YEAH, SURE.

WHEN THAT WOULD BE REQUIRED AND WHEN? LET ME, OKAY.

SO THE WAY IT'S PROPOSED RIGHT NOW, THE DISTRICTS PERMITTED WOULD BE BY RIGHT AND NOT, SORRY IN ALL NON-RESIDENTIAL DISTRICTS EXCEPT NEIGHBORHOOD OFFICE AND NEIGHBORHOOD SERVICE IN THOSE DISTRICTS AN SUP WOULD BE REQUIRED AND THEN AN RAR IS REQUIRED AND ALL OTHER SO THIS WOULDN'T BE A SEPARATE ZONING CATEGORY IT'S JUST AN ALLOWED USE WITHIN EXISTING COMMERCIAL ZONING CORRECT IT'S UNDER RETAIL AND PERSONAL SERVICE USES IT'S A NEW LAND USE CATEGORY OKAY OKAY I WAS EQUATING THAT WITH A NEW ZONING CATEGORY BUT THAT'S NOT WHAT THIS IS OKAY AND THEN WE HAVE, WELL, HOW WOULD THIS AFFECT PEOPLE HAVING ONE-OFF GRADUATION PARTIES OR BIRTHDAY PARTIES, AND THEY INVITE ALL THEIR FRIENDS AND THEY DON'T CHARGE? YEAH, IT WAS NOT INTENDED TO PROHIBIT THAT KIND OF SITUATION.

OKAY.

THOSE DON'T TEND TO BE THE ISSUE.

IT'S WHEN THEY'RE REOCCURRING, AND AT SOME POINT IT BECOMES.

YOU KNOW, MORE THAN JUST A RESIDENTIAL USE OR SOMETHING LIKE THAT.

OKAY.

ANOTHER CATEGORY WOULD BE POLITICAL FUNDRAISERS ARE COMMONLY HELD IN PEOPLE'S HOMES.

RIGHT.

THAT'S ALSO USUALLY A ONE-OFF EVENT.

RIGHT.

AT LEAST PER ELECTION.

BUT I WOULD HATE TO SEE THAT SWEPT INTO THIS ORDINANCE.

WHAT WOULD PREVENT THAT? THANK YOU FOR THE QUESTION, COUNCILMEMBER.

SO IN THE DEFINITION ON SLIDE SIX, IT IS DISTINGUISHED BY THAT IT'S RENTED OUT.

RIGHT.

SO A PROPERTY THAT IS HOSTING ONE OF THESE EVENTS IS NOT AUTOMATICALLY CATEGORIZED AS AN EVENT VENUE, BUT IF THE PROPERTY IS BEING RENTED OUT FOR SUCH A BANQUET, FOR SUCH A PARTY, OR AN EVENT, OR A CEREMONY, THEN IT WOULD BE CAUGHT BY THIS LAND USE EVENT VENUE.

SO IF IT'S ORGANIZED BY THE OWNER-OCCUPANT OF THE PROPERTY, OR JUST THE OWNER, AND IT'S NOT GOVERNED BY THIS? NO, SIR.

OH.

SO THAT WOULD PREVENT IT APPLYING TO POLITICAL FUNDRAISERS, WHICH TYPICALLY INVOLVE DONATIONS AT THE DOOR.

RIGHT.

OKAY.

AND THE SAME WITH PARTIES IF IT'S OWNER-OCCUPIED.

OKAY, WELL, I STRONGLY SUPPORT THIS AS A WAY TO REIN IN THE TERROR THAT SHORT-TERM RENTALS HAVE CAUSED WITH THEIR EVENTS IN RESIDENTIAL DISTRICTS.

SO WOULD IT APPLY TO WHERE...

AN STR RENTER PUTS ON SOCIAL MEDIA THAT, HEY, WE'RE HAVING A PARTY, EVERYBODY COME, AND THEY HAVE 200 PEOPLE.

POINT OF ORDER, CHAIR.

I DON'T THINK THIS IS APPLICABLE TO ANY STR CONVERSATION.

ACTUALLY, IT IS.

THE PRESENTATION BEFORE YOU GOT HERE SPECIFICALLY MENTIONED STRS.

BUT YOU'RE GOING INTO OUTSIDE OF WHAT IT MENTIONED ABOUT STRS AND ASKING ABOUT ITS OWN ORDINANCE.

KEEP GOING.

ALL RIGHT.

THANK YOU.

CAN YOU ANSWER? SO BY THE DEFINITION OF A FACILITY THAT'S RENTED FOR PRIVATE EVENTS, IF A FACILITY IS BEING RENTED ON A SHORT-TERM BASIS, LONG-TERM BASIS, IF IT'S BEING RENTED OUT TO HOLD THESE EVENTS, IT WOULD BE PROHIBITED IN A RESIDENTIAL AREA, RESIDENTIAL DISTRICT.

ALL RIGHT.

THANK YOU.

YES.

THANK YOU.

YES, DEPUTY MAYOR PRO TEM WILLIS.

THANK YOU.

THANK YOU FOR STUDYING THIS AND BRINGING THIS TO US.

FIRST OF ALL, IF YOU'RE OPERATING WITHIN THE LAW, IT WON'T AFFECT YOU.

SO THAT'S IMPORTANT TO NOTE.

MY CONCERN IS OVER SHORT-TERM RENTALS THAT BECOME PARTY HOUSES, AND ESPECIALLY WITH FIFA COMING, IF YOU ARE, YOU KNOW, YOU'RE RENTING THIS HOUSE AS A SHORT-TERM RENTAL, BUT WHAT IF YOU BECOME THE DE FACTO ARGENTINA PARTY HOUSE OR SOMETHING LIKE THAT?

[00:30:01]

AND SO YOU INVITE PEOPLE OR PEOPLE ARE COMING NIGHT AFTER NIGHT AFTER NIGHT.

AND SO, YOU KNOW, THERE MAY NOT BE AN ADMISSION, BUT YOU HAVE RENTED THIS HOUSE.

I'M JUST CURIOUS BECAUSE THESE ARE OFTENTIMES IN THE MIDDLE OF NEIGHBORHOODS, AND I KNOW, YOU KNOW, WHILE WE DO HAVE LAWS AND PROCESSES, IT TAKES TIME.

AND, YOU KNOW, I'VE DEALT WITH NEIGHBORS WHO'VE BEEN DEALING WITH PROBLEM STRS, AND THEY HAVE SUFFERED FOR YEARS.

AND WE JUST HAD ONE THIS LAST WEEK FINALLY SELL, AND IT'LL BE USED AS A RESIDENCE AGAIN, JUST PLAIN RESIDENCE.

BUT, I MEAN, THEY LITERALLY, IT HAS BEEN THREE YEARS IN THE MAKING OF SUFFERING.

AND SO MY QUESTION IS HOW WILL THIS AFFECT, YOU KNOW, IF YOU'VE GOT JUST SOMETHING THAT BECOMES NIGHT AFTER NIGHT OR OVER THE COURSE OF A WEEKEND EVERY NIGHT THERE'S SOMETHING GOING ON BUT IT MAY NOT INVOLVE AN ADMISSION? YEAH, I THINK THAT THE INTENT OF THIS WAS TO HELP CODE COMPLIANCE AND FORCE ON THOSE KINDS OF NUISANCE PROPERTIES THAT ARE AND I'M THANK YOU.

I'LL JUST SAY WITH THE WAY THAT THE DEFINITION IS CURRENTLY WORDED, A FACILITY THAT IS RENTED FOR PRIVATE EVENTS, I WOULD SAY IF IT'S BILLED ONLINE AS, YOU KNOW, THIS IS A GREAT PLACE FOR PARTIES, RIGHT, RENTED OUT, YOU KNOW, BY THE HOUR, THAT KIND OF THING, IT ABSOLUTELY APPLIES.

IF IT IS RENTED OUT FOR A TENANCY, YOU KNOW, MULTIPLE NIGHTS AND IT'S OVERNIGHT AND THEY'RE REALLY STAYING THERE AND THOSE PEOPLE ARE.

PARTYING AND NOT CHARGING ADMISSION.

I'D PROBABLY DEFER TO THE CITY ATTORNEY'S OFFICE AS TO THE APPLICABILITY OF THIS IN THAT PARTICULAR SITUATION I JUST THINK THAT COULD BECOME A REALITY.

SO I DO THINK WE NEED TO GIVE THAT SOME THOUGHT AS THIS MOVES AHEAD THANK YOU.

THANK YOU THANK YOU MR. CHAIR AND THANK YOU ALL FOR Y'ALL'S PRESENTATION I WANT TO GO BACK TO CUSTOMER ROTH'S QUESTION AND IF YOU COULD JUST GO BACK OVER WHAT YOU BELIEVE WE ARE SOLVING FOR HERE.

THANK YOU FOR THE QUESTION.

SO I WOULD SAY IT'S TWOFOLD.

ON THE ENFORCEMENT SIDE, WE HAVE SEEN OVER THE YEARS, THERE'S BEEN A RECENT UPTICK, BUT I'VE SEEN THEM FOR MY WHOLE CAREER HERE IN CODE COMPLIANCE, WHEN PROPERTIES ARE RENTED OUT FOR THE PURPOSE OF EVENTS.

BUT THEY'RE NOT CHARGING FOR THAT EVENT.

THEY'RE NOT SELLING TICKETS TO THE PUBLIC FOR GAMES OF SKILL OR ENTERTAINMENT.

IT FALLS IN A GRAY AREA.

IT'S AN ENFORCEMENT GAP, AND WE CAN'T CALL IT COMMERCIAL AMUSEMENT.

AND SO IT'S REALLY HARD TO ADDRESS THOSE ISSUES AS ILLEGAL LAND USE.

ALL THAT WE'RE REALLY DOING IS NOISE, RIGHT? BUT NEIGHBORS GET VERY UPSET AT THE FACT THAT IT'S ACTUALLY OPERATING AS A BUSINESS.

WHAT THIS SOLVES FOR IS IT ALLOWS US A DISTINCT ZONING LAND USE CATEGORY.

FOR US TO SAY, YOU'RE NOT ACTUALLY RESIDENTIAL.

YOU REALLY ARE OPERATING IN THIS LAND USE.

THEREFORE, IT CONSTITUTES AN ILLEGAL LAND USE.

DOES THIS AMENDMENT PROVIDE YOU ANY MORE RESOURCES TO DO ENFORCEMENT? RESOURCES? IT CERTAINLY PROVIDES THE ORDINANCE CLARITY AND THE ABILITY FOR US TO...

THAT'S NOT WHAT I'M ASKING.

OKAY.

DOES IT PROVIDE YOU ANY MORE RESOURCES TO DEPLOY TO ENFORCE? THIS ORDINANCE DOES NOT PROVIDE US ANY MORE STAFF.

OKAY, SO WE'RE NOT SOLVING FOR THAT PROBLEM, WHICH IS ALREADY ONE THAT WE KNOW EXISTS.

HOW DOES THIS DIFFERENTIATE FROM EVENTS LIKE CAMPAIGN EVENTS THAT IS A FUNDRAISER? ESSENTIALLY, IT COULD BE ARGUED THAT YOU'RE CHARGING AN ADMISSION AT SOMEONE'S HOME.

THERE ARE SOME EXCEPTIONS THAT ADDRESS THAT, YES.

CAN YOU EXPLAIN HOW THAT'S ADDRESSED? GENERAL ADMISSION IS PROHIBITED EXCEPT FOR FUNDRAISERS OR EVENTS FOR BONA FIDE NONPROFIT ORGANIZATIONS, PLACES OF WORSHIP, OR EDUCATIONAL FACILITIES.

CAMPAIGNS DON'T FALL IN ANY OF THOSE CATEGORIES.

IF YOU DO NOT FOLLOW...

FUNDRAISERS FOR A NONPROFIT IS WHAT IT SAYS.

IT DOESN'T SAY FUNDRAISERS, PERIOD.

POLITICAL CAMPAIGNS ARE NOT CLASSIFIED AS NONPROFITS.

FUNDRAISERS OR EVENTS OKAY FOR NON-PROFIT OKAY WE CAN TAKE A LOOK AT THAT IF THE BODY FEELS THAT'S SOMETHING THAT SHOULD BE SPECIFICALLY ADDRESSED WHAT ABOUT THE WHITE ROCK GARDEN TOUR OR THE LAKE HIGHLANDS HOME TOUR OR THE LAKEWOOD HOME TOUR OR THE MUNGER PLACE SWINE WALK OR ANY OF THESE EVENTS THAT ABSOLUTELY CHARGE ADMISSION AND IT'S ACTUALLY MULTIPLE HOMES AND THEY'RE DESIGNED TO BE INSIDE OF THE SINGLE-FAMILY NEIGHBORHOODS RIGHT THIS THE INTENT WASN'T TO ADDRESS THOSE.

KIND OF OCCASIONAL EVENTS REALLY.

I MEAN, THAT'S PROBABLY...

SO WE'RE PUTTING MORE

[00:35:01]

ON THE BOOKS FOR DISCRETION.

I'M NOT AS FAMILIAR WITH THOSE SPECIFICS.

ARE THOSE PROPERTIES RENTED OUT, I WOULD ASK? IF THEY'RE RENTED OUT, THEN THIS MAY APPLY.

THE ORGANIZATIONS, I WOULD ARGUE, ARE RENTING THE LOCATIONS OF THE HOMEOWNERS THAT ARE OPENING IT UP FOR A FUNDRAISER.

IN MANY CASES, I THINK THAT THERE ARE A BENEFICIARY THAT IS A NON-PROFIT THAT COULD FALL IN, BUT I WOULDN'T BE ABLE TO TELL YOU OFFHAND THAT EVERY ONE OF THOSE.

WOULD FALL INTO THE EXCEPTIONS CATEGORY BUT THOSE ARE HUGE EVENTS THROUGHOUT EAST DALLAS EVERY YEAR BUT ONCE ANNUALLY PER EVENT IT'S NOT AN ONGOING I THINK THAT'S PART OF THE FREQUENCY THE RENTING OUT AND THEN THE FREQUENCY ARE MOST OF THEM ARE ACTUALLY TWO TIMES A YEAR TWO TIMES A YEAR NOT NOT THEY DO ONE IN THE FALL USUALLY IN ONE IN THE SPRING TIME THE REASON I'M BRINGING THESE UP IS THAT I JUST THINK THAT THIS IS YET AGAIN ANOTHER SOMEWHAT HALF-HAZARD TYPE OF PIECE OF POLICY THAT WE'RE TRYING TO SOLVE FOR SOMETHING SPECIFIC WITHOUT REALLY TALKING ABOUT WHAT IT IS.

IT'S BEEN MENTIONED SEVERAL TIMES HERE TODAY ABOUT WANTING TO REGULATE STRS, BUT THAT WILL DOESN'T SEEM TO BE HERE WITH THE BODY WHEN WE ACTUALLY DISCUSS REGULATING STRS.

SO BRINGING UP NEW LAND USES AND PUTTING ON NEW POLICIES ON THE BOOKS TO ADDRESS ONE-OFF SITUATIONS AND ANOMALIES LIKE CHRISTMAS LIGHTS IN A HOUSE, FOR INSTANCE, I DON'T KNOW IF IT SHOULD BE DONE AT THE SACRIFICE OR THE COMPROMISE OF LEGITIMATE EVENTS THAT ARE TAKING PLACE.

I WOULD LOVE TO SEE US BE ABLE TO PROVIDE MORE.

OF RESOURCES FOR CODE ENFORCEMENT TO ADDRESS WHAT'S ALREADY ON THE BOOKS.

THAT'S, TO ME, THE PRIORITY IN US TO ACTUALLY PUT SOMETHING EFFECTIVE, NOT JUST FOR A HEADLINE.

AND IF WE WERE TO LOOK AT, FOR INSTANCE, THE ESTABLISHMENTS THAT WERE JUST MENTIONED ABOUT IF THIS WOULD BE APPLICABLE TO THAT TURN INTO, I GUESS, A QUASI-CLUB OR DANCE FACILITY AFTER...

HOURS OF BEING A RESTAURANT CAN YOU EXPLAIN HOW YOU WOULD DIFFERENTIATE THEM NOT BEING A RESTAURANT IF THEY'RE STILL SERVING FOOD THROUGHOUT THE HOURS OF OPERATION? SO THANK YOU FOR THE QUESTION COUNCILMEMBER THAT IS A A SEPARATE ISSUE SOMEWHAT RELATED BUT WE ARE ADDRESSING THAT USING A DIFFERENT MECHANISM NOT AS PART OF THIS PARTICULAR AMENDMENT BUT IT WAS ANSWERED TO MY COLLEAGUE THAT THIS WOULD BE APPLICABLE IN CERTAIN CASES, DEPENDING ON ITS PROXIMITY TO SINGLE-FAMILY NEIGHBORHOODS.

SO CAN YOU EXPLAIN HOW YOU WOULD DIFFERENTIATE A BUSINESS IN WHAT THEY ARE OPERATING? HOW WOULD YOU CLASSIFY THEM AS AN EVENT VENUE IN THIS CONTEXT IF THEY'RE STILL SERVING FOOD WITHIN THEIR CO? SO.

AGAIN, I THINK THIS IS A SEPARATE ISSUE AND A SEPARATE QUESTION.

I KNOW THAT THERE'S ONGOING CONVERSATIONS ABOUT...

I'M AWARE OF THOSE AS WELL, BUT IT WAS BROUGHT UP TODAY, AND IT WAS ANSWERED THAT IT COULD BE APPLICABLE IF IT'S WITHIN THE PROXIMITY THAT IS LAID OUT IN THIS ORDINANCE.

SO I'M WANTING TO MAKE SURE THAT THIS ISN'T GOING TO, A, CONFLICT WITH THE OTHER EFFORTS THAT ARE GOING ON SPECIFIC TO DEEP ELLUM AND THE WORK THAT'S HAPPENING WITH THE FOUNDATION THERE, RIGHT? BUT IF THIS IS SOMETHING THAT IS, IN FACT, APPLICABLE TO RESTAURANTS, THAT HAVE DANCING AND AFTER HOURS, ETC.

HOW DO YOU DIFFERENTIATE ESTABLISHMENTS? AND IF YOU'RE STILL SERVING FOOD AND YOU MOVE YOUR TABLES AND ALLOW PEOPLE TO DANCE IN THE DANCE ROOM, HOW ARE THEY NO LONGER A RESTAURANT? SO, AGAIN, I THINK THAT'S A COMPLETELY SEPARATE ISSUE.

I MEAN, THIS IS INTENDED TO COMPLEMENT AND NOT CONFLICT WITH THOSE EFFORTS.

SO THEN THIS IS NOT APPLICABLE.

I WANT TO CLARIFY BECAUSE YOU ALL ANSWERED.

SO IF THE QUESTION IS IF A RESTAURANT MOVES ALL THEIR TABLES AND THERE'S DANCING AFTER 10 P.M.

OR SOMETHING, ARE THEY THEN CLASSIFIED AS THIS LAND USE? IS THAT PART OF THE QUESTION? THAT WAS THE QUESTION EARLIER, AND YOU ALL ANSWERED YES.

SO I'M TRYING TO GET CLARITY ON IT.

YOU SAID IT COULD BE APPLICABLE IF IT'S WITHIN THE PROXIMITY OF THE RESIDENTIAL.

I DON'T.

RECALL STATING THAT I GUESS I'M CONFUSED ABOUT WHAT THE QUESTION IS BECAUSE THIS I'M TRYING TO GET CLARITY ON WHAT HOW YOU ALL ANSWERED THAT IT COULD BE IT COULD POTENTIALLY BE APPLICABLE IN THOSE CASES THAT WAS THE RESPONSE THAT MR

[00:40:02]

RIDLEY GOT WHEN HE ASKED THE QUESTION SO I MISSED THAT.

HIS QUESTION I BELIEVE WAS DID WE CONSIDER A SPACING REQUIREMENT OR IF...

YEAH, IT WAS A DIFFERENT QUESTION.

SO THE PROXIMITY TO RESIDENTIAL IS A SEPARATE ISSUE FROM RESTAURANTS CLOSING DOWN AND DANCING.

I'M SORRY, I'M JUST MISSING I THINK WHAT THE QUESTION OR CONCERN IS.

YOU WHAT? I WAS JUST GETTING CLARITY ON A QUESTION THEY ALREADY ANSWERED FOR MR. RIDLEY, AND IT WAS SPECIFIC TO THE ESTABLISHMENTS THAT I KNOW ARE ALREADY BEING ADDRESSED IN ANOTHER AREA OF CODE, BUT YOU SAID THAT IT COULD BE APPLICABLE, AND SO I'M JUST TRYING TO GET CLARITY TO THAT QUESTION AND ANSWER.

SO IF THE QUESTION COULD BE RESTATED, THAT MAY BE HELPFUL.

I'LL SAY THIS AT THIS POINT.

THE EVENT, I'LL GO BACK TO THE DEFINITION, A FACILITY THAT IS RENTED FOR PRIVATE EVENTS FOR INVITED GUESTS.

I WOULD SAY THAT BECOMES THE PRIMARY, YOU DID ASK ABOUT HOW WE DISCERN, RIGHT? HOW WE INTERPRET THAT.

IF THE FACILITY IS PRIMARILY OPERATING AS THAT, THEN WE WOULD ATTRIBUTE THIS LAND USE AS MORE APPROPRIATE FOR THAT THAN ANY OTHER LAND USE THAT THEY'RE DOING.

THIS IS THE PRIMARY THING THAT THEY'RE DOING.

WHEN YOU MENTION RESTAURANTS THAT ALL OF A SUDDEN HAVE DANCING, ET CETERA.

I DON'T KNOW THAT THAT'S A FACILITY RENTED FOR PRIVATE EVENTS, BUT IF IT WERE, WE WOULD LOOK AT BOTH DEFINITIONS, SEE WHAT THE PRIMARY LAND USE IS, AND POTENTIALLY GET A DETERMINATION FROM THE BUILDING OFFICIAL AS AN OFFICIAL INTERPRETATION OF WHEN DOES THAT QUALIFICATION, WHEN DOES YOUR ACTIVITY POTENTIALLY SWITCH YOU FROM ONE LAND USE TO ANOTHER.

SO DO YOU NOT BELIEVE THAT WE ALREADY HAVE ORDINANCES ON OUR BOOKS THAT ADDRESS ILLEGALITIES.

OF USE IN RESIDENTIAL NEIGHBORHOODS SPECIFIC TO THE AMOUNT OF PEOPLE THAT ARE THERE, FOR THE MUSIC AMPLIFICATION, FOR THE PARKING.

ARE THERE ANY ALREADY MECHANISMS THAT YOU HAVE TO ENFORCE IN RESIDENTIAL NEIGHBORHOODS? WE DO HAVE PARKING AND NOISE.

ORDINANCES IS THERE UH THIS THIS ADDRESSES SOMETHING TOTALLY DIFFERENT WHICH IS THE USE OF A LAND WHEN THEY'RE NOT CHARGING AT THE DOOR BUT STILL OPERATING THEIR RESIDENCE AS A COMMERCIAL PROPERTY I KNOW WHAT THIS IS ADDRESSING THAT'S NOT WHAT I ASKED BUT HOW MANY PEOPLE UM ARE ALLOWED TO BE AT A PROPERTY BECAUSE I KNOW THAT THIS CAME UP DURING THE STR CONVERSATION BECAUSE I BELIEVE YOU ALREADY HAVE SOME MECHANISMS ON THE BOOKS TO REGULATE UM WHAT WOULD ESSENTIALLY BE CONSTITUTED AS A PARTY WITHOUT ADDRESSING THE SPECIFIC DOOR A COST OF THE DOOR, ET CETERA.

SO OCCUPANCY, WE DO HAVE REGULATIONS FOR OCCUPANCY IN CHAPTER 27, WHICH MIMICS CHAPTER 92 OF THE STATE PROPERTY CODE, WHICH IS THREE ADULTS PER BEDROOM IN THE PROPERTY.

I'VE NEVER SEEN THAT APPLIED AND HAVE NOT GOTTEN AN ATTORNEY'S OPINION ON WHETHER THAT IS ALLOWED TO BE USED FOR GUESTS AT A HOUSE FOR A TEMPORARY AMOUNT OF TIME.

SO WE HAVEN'T LOOKED INTO THAT, BUT WE'RE GOING TO REINVENT THE WHEEL.

THE PURPOSE OF THIS ORDINANCE IS NOT TO ADDRESS OCCUPANCY, IT'S TO ADDRESS THE COMMERCIAL USE OF A RESIDENTIAL PROPERTY.

I UNDERSTAND, BUT THAT COMMERCIAL USE THAT YOU'RE ADDRESSING CAN BE ADDRESSED BY THE AMOUNT OF PEOPLE THAT WE ALLOW AT ANY GIVEN TIME WITHIN SINGLE FAMILY NEIGHBORHOODS.

I WOULD SAY THAT IF WE TOOK THAT APPROACH, THERE WOULD LIKELY BE OTHER UNINTENDED CONSEQUENCES AND CATCH OTHER TYPES OF THINGS HAPPENING AT RESIDENCES.

BUT IT'S POTENTIALLY WORTH EXPLORING.

I APPRECIATE YOUR...

CONCERN FOR UNINTENDED CONSEQUENCES BECAUSE THAT'S EXACTLY WHAT I HAVE FOR THIS ORDINANCE THAT'S BEING PROPOSED NOW.

JUST AS MY COLLEAGUE MR. ROTH MENTIONED, I DON'T BELIEVE THAT THIS IS ADDRESSING A SPECIFIC ISSUE.

I THINK THAT THIS IS THROWING SOMETHING AT THE WALL AND SEEING WHAT STICKS AND TRYING TO FIGURE OUT WHATEVER WE CAN DO BECAUSE OF A COUPLE OF INSTANCES THAT WE'RE TRYING TO ADDRESS THROUGH A POLICY CONVERSATION.

I DON'T THINK WE GET THERE FROM HERE.

SO I DEFINITELY DON'T SUPPORT WHAT'S BEING PROPOSED AND I THINK THAT IT COULD BE DONE.

IN A MUCH MORE INTENTIONAL MANNER AND THOUGHTFUL WAY TO ADDRESS THIS.

I THINK THAT THERE ARE THINGS ON THE BOOKS TO BE ENFORCED BY CODE ENFORCEMENT.

HOWEVER, THIS IS GOING TO PUT THINGS INTO A DIFFERENT CATEGORY TO ALLOW FOR US TO COME IN MORE PUNITIVE, TO ALLOW FOR COMMUNITY PROSECUTION TO BE INVOLVED, AND FOR THERE TO BE EVEN MORE DRASTIC CONSEQUENCES THAT ALSO COULD BE UNINTENDED.

UM I DON'T BELIEVE THIS GETS US TO WHERE WE'RE TRYING TO TO SOLVE FOR THANK YOU MR CHAIR SO I HAVE A QUESTION UM I ACTUALLY JUST HAD A BUSINESS COME OUT AND MEET WITH ME LAST WEEK AND THEY WERE WANTING TO HAVE AN EVENT VENUE TEACH ARTS BUT AT THE NIGHT AT NIGHT BE A COMMERCIAL AMUSEMENT UM FROM 2

[00:45:03]

A.M TO I THINK 8 A.M.

AND SO MY CONCERN IS HOW DO WE MAKE SURE THAT SOMETHING LIKE THAT IS YOU KNOW IN THE RIGHT LAND USE I HEAR YOU SAY THAT IT'S I GUESS WHAT THE MAJORITY OF TIME THEY'RE DOING BUT LIKE IN THAT CASE IT WOULD PROBABLY BE AN EVENT VENUE POSSIBLY SO I MEAN HOW DO Y'ALL HOW WOULD Y'ALL DETERMINE SOMETHING LIKE THAT YEAH SO IF THEY CAME TO APPLY FOR A CERTIFICATE OF OCCUPANCY WE WOULD HAVE THAT CONVERSATION AND PROBABLY HAVE THEM SUBMIT A LAND USE STATEMENT YOU KNOW DESCRIBING ALL OF THEIR PROPOSED OPERATIONS OUT YOU KNOW HOURS AND THINGS LIKE THAT AND FIGURE OUT HOW TO BEST CLASSIFY IT IT'S POSSIBLE IT COULD HAVE DUAL LAND USES INSTRUCTIONAL ARTS AND THINGS LIKE THAT ARE TYPICALLY CLASSIFIED AS A PERSONAL SERVICE USE AND SO THIS COULD BE A COMPLETELY SEPARATE USE IN THE EVENING AND BOTH USES IF THEY WERE BOTH ALLOWED THEY COULD GET A CERTIFICATE OF OCCUPANCY THAT NOTED BOTH TO ALLOW ALLOW THEM TO LEGALLY DO BOTH AND HAVE IT RECOGNIZED AND WOULD THEY STILL HAVE TO GET AN SUP I GUESS FOR THE EVENING IF THEY WERE MEETING THE CRITERIA FOR NEEDING THE SUP THEN YES IF THEY WERE IN A NEIGHBORHOOD OFFICE OR NEIGHBORHOOD SERVICE DISTRICT.

OKAY.

AND THEN SAY YOU FOUND A PROPERTY OWNER IN VIOLATION.

CAN YOU TAKE US THROUGH WHAT THAT LOOKS LIKE? THANK YOU FOR THE QUESTION.

SO GENERALLY CODE COMPLIANCE'S PROCESS IS EDUCATION.

WE ALWAYS TRY TO GET IN CONTACT WITH THE EITHER OPERATOR AND OR OWNER OF THE PROPERTY.

IF WE CAN CONSTITUTE A VIOLATION, WE WILL ISSUE A NOTICE OF VIOLATION, GIVE A COMPLIANCE PERIOD.

THAT COMPLIANCE PERIOD GOES ON AND IN THE CASE OF ILLEGAL LAND USE THAT LAND USE CONTINUES THEY THEY DON'T GET THE APPROPRIATE CO THEY DON'T STOP OR THEY DON'T CHANGE INTO AN APPROPRIATE LAND USE ALLOWED BY THE ZONING CODE THAT WE WOULD POTENTIALLY ISSUE CITATIONS TO THE PROPERTY OWNER OR THE OPERATOR WE COULD CONTINUE THOSE AND CURRENTLY OUR NEXT STEP IF YOU KNOW WE HAD SOMEBODY THAT DUG IN THEIR HEELS AND CONTINUED TO OPERATE BECAUSE WE CAN'T SHUT ANYBODY DOWN AND WE CAN TAKE ENFORCEMENT ACTION.

OUR NEXT ENFORCEMENT OPTION IS REFERRAL TO THE CITY ATTORNEY'S OFFICE COMMUNITY PROSECUTION GROUP OKAY AND THEN WHAT JUST A SUMMARY WHAT DO YOU SEE IS THE BIGGEST DIFFERENCE BETWEEN COMMERCIAL AMUSEMENT AND EVENT VENUE IS IT THE THE CHARGING AT THE DOOR OR YES THAT'S A MAIN PART OF THE DISTINCTION SO EVENT VENUE PROPOSED DEFINITION IS A FACILITY RENTED FOR PRIVATE EVENTS FOR INVITED GUESTS.

COMMERCIAL AMUSEMENT IS A PLACE OPEN TO THE PUBLIC FOR GAMES OF SKILL OR ENTERTAINMENT FOR A FEE.

THANK YOU.

ALL RIGHT.

THANK YOU SO MUCH.

AND, AGAIN, I JUST WANT TO SAY, WELL, FIRST LET ME ASK MY QUESTION JUST FOR A POINT OF CLARITY.

CHAIR RIDLEY WAS ASKING QUESTIONS AS IF HE HAD THE TEENAGERS IN HIS HOUSE AND MINE, I'M JUST TRYING TO GET SOME DISTINCTIONS.

I THINK I UNDERSTAND IT.

PART OF THIS WE TALKED ABOUT, WELL, WHAT ARE WE TRYING TO ACCOMPLISH OR WHO ARE WE TRYING TO PROTECT IN WHAT WE'RE ATTEMPTING TO DO HERE? AND WHAT I GATHER IS WE'RE TRYING TO PROTECT THE RESIDENTS WITHIN THESE NEIGHBORHOODS, WITHIN OUR COMMUNITIES THERE.

SO ONE OF THE QUESTIONS I HAVE IS THIS IS A REAL-TIME EVENT, SO I'M TRYING NOT TO GET INTO TOO MUCH BEFORE SOMEBODY HAPPENS TO WATCH AND GIVES BACK TO MY KID.

BUT IF A PARENT DECIDES TO HAVE A PARTY AT THEIR HOUSE AND THEY CHARGE, WHICH IS WILD TO ME, BUT WHATEVER.

THAT'S STILL CRAZY.

BUT THEY DO THAT.

WOULD THAT THEN FALL? AND I'M GOING TO ANSWER THE QUESTION TO MAKE SURE I UNDERSTAND.

IN A SITUATION LIKE THAT, THIS WOULD NOT APPLY BECAUSE IT WAS A GRADUATION PARTY OR A BIRTHDAY PARTY OR WHATEVER THE CASE MAY BE.

EVEN THOUGH THEY ARE CHARGING, WHICH IS CRAZY, BUT EVEN THOUGH THEY'RE CHARGING, THIS WOULDN'T APPLY BECAUSE OF THE FREQUENCY.

IS THAT A CORRECT ANSWER? SO THE FREQUENCY, BUT I...

IT SEEMS THAT IT REALLY HINGES ON THE RENTAL OF THE FACILITY FOR THAT PURPOSE.

SO SOMEONE HAVING...

THEY WERE THE HOMEOWNER.

RIGHT.

IF THEY'RE THE HOMEOWNER, IF I'M THE HOMEOWNER, I'M HAVING A GRADUATION PARTY, I'M TRYING TO RECOUP MY COSTS BY CHARGING A FEE AT THE DOOR, THIS WOULD NOT BE CLASSIFIED AUTOMATICALLY AS THIS LAND USE.

OKAY.

[00:50:01]

NEXT SCENARIO.

IF...

I HAVE A FRIEND WHO HAS A BIG HOUSE AND THEY LET ME USE THAT HOUSE FOR A PARTY AND I CHARGE AT THE DOOR.

WOULD THIS APPLY? THANK YOU FOR THE QUESTION, CHAIR.

I WOULD SAY THAT WOULD MORE LIKELY APPLY TO COMMERCIAL AMUSEMENT INSIDE WHERE YOU'RE OFFERING ENTERTAINMENT TO THE PUBLIC FOR A FEE.

EVEN THOUGH THE HOMEOWNER LET ME USE IT, IT WOULD APPLY BECAUSE IT'S NOT MY HOUSE.

SO A HOMEOWNER COULD OPERATE THEIR HOUSE AS A COMMERCIAL AMUSEMENT FACILITY.

IF THEY'RE OFFERING ENTERTAINMENT OR GAMES OF SKILL TO THE PUBLIC FOR A FEE, I WOULD BELIEVE THAT WOULD BE A COMMERCIAL AMUSEMENT.

NOW, IF A PROPERTY IS RENTED FOR THESE TYPES OF EVENTS, THEN I THINK IT WOULD MORE APPROPRIATELY FALL INTO THE EVENT VENUE.

THE SITUATION YOU'RE DESCRIBING, IS IT ONLY INVITED GUESTS AND THEY'RE THE ONES HAVING TO PAY? I WOULD ASK CITY ATTORNEYS POTENTIALLY TO WEIGH IN ON WHICH LAND USE WOULD BE MORE APPROPRIATE IN THAT CASE.

I DO THINK THE FREQUENCY MAY PLAY INTO IT SOME.

LIKE IF IT'S A ONE-TIME THING, CODE COMPLIANCE PROBABLY, I MEAN, I CAN'T SPEAK FOR CODE COMPLIANCE, BUT YOU MIGHT GIVE THEM A WARNING OR A NOTICE.

BUT IF THIS IS HAPPENING EVERY SINGLE CONSISTENTLY.

QUARTERLY OR SOMETHING LIKE THAT.

YEAH.

OKAY.

AND THAT'S THE PIECE I'M TRYING TO REALLY MAKE SURE I GET THE.

BECAUSE FOR ME, THAT'S WHAT I WALK AWAY FROM THIS IS IN THE NEIGHBORHOODS, IN THOSE COMMUNITIES, IT'S THE FREQUENCY AND THE INTENT BEHIND THE EVENT AND THE USE.

THAT'S ABSOLUTELY CORRECT.

YES, WE WEREN'T INTENDING TO PUNISH THE OWNER OF HAVING A ONE-TIME GRADUATION PARTY OR SOMETHING.

THE INTENT WAS NOT TO ADDRESS THAT TYPE OF SITUATION.

AND I APPRECIATE THAT.

AND I CERTAINLY APPRECIATE THE COMMENTS.

FROM MY COLLEAGUES THERE IN THAT WE DON'T WANT TO MAKE SURE WE'RE OVER-BUREAUCRACIZING THINGS THAT ALREADY EXIST.

BUT FROM WHAT I UNDERSTAND, THIS IS ACTUALLY INTENDED TO COMPLEMENT.

HOWEVER, THERE ARE SOME THINGS THAT NEED TO BE REVIEWED FROM THE EXCEPTIONS LIST TO MAKE SURE THAT WE DON'T INADVERTENTLY HARM SOME OF THOSE ANNUAL EVENTS AND ALL OF THAT.

BUT EVEN THAT, I THINK THE NONPROFIT PIECE, BUT...

SOME OF THOSE SCENARIOS I THINK JUST PROBABLY NEED TO BE TALKED THROUGH MOVING FORWARD.

BUT AGAIN, THANK YOU ALL FOR YOUR WORK, AND THANK YOU FOR WHAT YOU'RE DOING.

AND AGAIN, AS WE TRY TO CONTINUE TO KEEP OUR NEIGHBORHOODS' QUALITY OF LIFE AT THE FOREFRONT OF WHAT WE DO.

I APPRECIATE THIS AND AGAIN IT'S MEANT TO COMPLEMENT THOSE EXISTING RULES BUT WE WANT TO MAKE SURE THEY DON'T CONTRADICT AT THE SAME TIME.

MR. CHAIR, COULD I JUST HAVE TWO FOLLOW-UP QUESTIONS PLEASE? YES.

OKAY.

CHAIR BROUGHT UP A REALLY GOOD POINT THAT I WAS CURIOUS ABOUT TOO BUT IF THE ULTIMATE CONSEQUENCE IF YOU WILL OR PUNISHMENT OR ENFORCEMENT IS GOING INTO BEING A NUISANCE PROPERTY THEN THAT'S ULTIMATELY GOING TO IMPACT.

THE PROPERTY OWNER RIGHT NOT THAT THOSE WHO ARE PROMOTING OR RENTING IN THAT CASE IT MAY BE ADVANTAGEOUS FOR THE PROPERTY OWNER TO STEP IN IN THIS INSTANCE AND SAY THAT THEY GAVE SUCH AND SUCH PERMISSION IN TO HAVE THESE EVENTS IS THAT ALL IT WOULD TAKE THANK YOU, COUNCILMEMBER.

ARE YOU ASKING WHAT IT WOULD TAKE FOR A PROPERTY OWNER TO AVOID DESIGNATION AS A HABITUAL NUISANCE PROPERTY? CORRECT.

SO, UNDER THE HABITUAL NUISANCE PROPERTY DESIGNATION PROCESS, WE PRELIMINARILY DESIGNATE A PROPERTY.

WE INVITE THEM IN TO HAVE AN ACCORD MEETING.

WE SIT DOWN WITH THEM AND WE TELL THEM WHY WE BELIEVE THAT THEIR PROPERTY FITS INTO THIS.

THEY HAVE THE OPPORTUNITY TO REBUT THOSE PRESUMPTIONS.

ONE OF THOSE IS THAT THEY KNOWINGLY TOLERATED THAT NUISANCE.

ACTIVITY AND SHOULD THEY EVEN GET A FINAL DESIGNATION THEY ALSO HAVE THE OPPORTUNITY TO APPEAL AT PERMITS LICENSING APPEAL BOARD.

OKAY AND THEN ALSO WHAT ABOUT THE EVENTBRITE LOOPHOLE IF YOU WILL LIKE IF THERE ARE PLATFORMS AND I USE EVENTBRITE JUST AS AN EXAMPLE BUT THERE ARE PLENTY OF PLATFORMS WHERE PAYMENT IS TAKEN ELSEWHERE AND I DON'T KNOW WHERE YOU'D BE ABLE TO NECESSARILY ATTACH THAT TO A CERTAIN EVENT.

AND SO IF THERE IS NOTHING COLLECTED AT THE DOOR PER SE OR THERE IS NO RECORD OF THAT, HOW DO WE ADDRESS THAT? I MEAN, I KNOW THAT'S A HUGE PART OF THE STR EVENT PIECE.

IT'S USUALLY FOUND ON EVENTBRITE OR OTHER PLATFORMS PROMOTING SUCH A PARTY, AND THEY AREN'T TAKING SOMETHING AT THE DOOR.

SO I WOULD RESPOND AND SAY

[00:55:01]

INVESTIGATION IS PART OF OUR JOB.

AND THERE ARE DIFFERENT WAYS TO COLLECT THAT EVIDENCE.

IF WE DON'T HAVE ANY EVIDENCE OF AN ILLEGAL LAND USE HAPPENING...

MAYBE THEY'VE GOTTEN AWAY WITH IT.

BUT WE DO TRY TO USE ALL THE TOOLS AT OUR DISPOSAL.

LOOKING AT ONLINE PLATFORMS IS CERTAINLY ONE OF THOSE TOOLS WE LOOK FOR.

AND IF WE CAN CONFIRM THAT AN EVENT IS HAPPENING HERE AND GUESTS CAME FOR ENTERTAINMENT AND IT WAS OPEN TO THE PUBLIC OBVIOUSLY ON A PUBLIC WEBSITE LIKE THAT AND THEY CHARGED FOR IT, I WOULD CERTAINLY CALL THAT COMMERCIAL AMUSEMENT.

AND WOULD YOUR LANGUAGE INCLUDE THAT BECAUSE IT'S SOMEWHAT SPECIFIC TO COLLECTING AT THE DOOR? NO.

THE COMMERCIAL AMUSEMENT DOESN'T SAY COLLECTING AT THE DOOR.

THAT'S ONE OF THE THINGS WE MAY LOOK FOR.

ANOTHER ONE WOULD BE, HEY, I SEE THAT YOU'VE GOT A WEBSITE SET UP SPECIFICALLY TO SELL TICKETS FOR THIS SPECIFIC EVENT.

THANK YOU.

THANK YOU, MR. CHAIR.

THANK YOU.

IF THERE AREN'T ANY OTHER QUESTIONS, WE WILL NEED A MOTION OF SUPPORT TO MOVE THIS FORWARD.

DO I HAVE A MOTION? SO MOVED.

MOTION IS MADE PROPERLY SECOND.

ALL IN FAVOR SAY AYE.

AYE.

ALL OPPOSED? AYE.

NAYS HAVE BEEN NOTED.

THANK YOU.

IT WAS VERY LOUD.

THANK YOU.

HAVE A GOOD.

ALL RIGHT.

THANK YOU ALL.

ALL RIGHT.

WHAT I WANT TO DO NEXT, BECAUSE WE HAVE A SERIES OF BRIEFING MEMOS, BUT THERE ARE A FEW OF THEM THAT ACTUALLY REQUIRE A MOTION TO MOVE IT FORWARD, A MOTION OR RECOMMENDATION TO SUPPORT.

SO I WANT TO BRING THOSE FORWARDS.

AND THOSE ITEMS ARE ITEMS E, F, AND I THOUGHT THERE WAS ONE MORE.

THE ITEMS E AND F ARE RIGHT NOW, SO IF WE WANT TO START WITH ITEM E, THE DALLAS CITY CODE 12B REVISION, TO BRING ANOTHER TEAM UP, IF WE HAVE ANYBODY THAT'S GOING TO BRIEF THAT OR ANY QUESTIONS.

OKAY, THIS IS ITEM E.

GOOD MORNING.

YOU WANT TO JUST KIND OF START WITH A JUST OVERVIEW, HIGH-LEVEL OVERVIEW, AND THEN WE'LL SEE IF THERE'S ANY QUESTIONS.

ALL RIGHT.

I'M ASSISTANT CHIEF RICHARD FLOYD, DPD.

THERE'S TWO PARTS TO THE 12B CHANGE.

ONE IS TO DO A SMALL BOX STORE EXCEPTION FOR THE SIGNAGE REQUIREMENTS FOR CONVENIENCE STORES.

CURRENTLY, CERTAIN BUSINESSES ARE BEING...

LABELED CONVENIENCE STORES, THAT'S NOT THEIR TRUE BUSINESS MODEL.

WE'RE NOT TALKING 7-ELEVENS OR QUICK TRIPS.

IT'S MORE LIKE WALGREENS AND CBS'S, DOLLAR GENERAL, STUFF LIKE THAT.

THEY HAVE TO HAVE SIGNAGE REQUIREMENTS THAT FALL IN LINE WITH THE 7-ELEVENS, AND THAT'S NOT HOW THEIR BUSINESS MODEL OPERATES.

THEIR REGISTERS, THEIR STORE SETUPS ARE ALL DIFFERENT THAN TYPICAL CONVENIENCE STORES.

THIS IS TO GIVE THEM AN EXCEPTION SO THEY DON'T HAVE TO APPLY TO THE SIGNAGE REQUIREMENTS.

AND THEN ON THE ATM CHANGE, WE ASKED FOR THE, THERE WAS A, THERE WAS, BLESS YOU.

THERE WAS A, THE ORDINANCE SAID THAT THE ATM HAD TO BE A CERTAIN AMOUNT OF FEET AWAY FROM THE DOOR.

AND WHAT WE WERE FINDING IS THAT THE INTENTION WAS GOOD.

THAT WAS TRYING TO PREVENT THEFTS FROM PEOPLE HOOKING UP A CHAIN AND DRAGGING IT THROUGH THE WINDOW.

BUT WHAT WE'VE FOUND IS THAT THEY'RE STILL DOING IT.

EXCEPT NOW THEY'RE DRAGGING IT THROUGH THE AISLES OF THE ENTIRE STORE, SO ANYBODY CAUGHT IN THAT AREA IS GOING TO BE POTENTIALLY AT RISK.

INSTEAD OF JUST THE WINDOW AND THE DOOR GETTING TORE UP, THE WHOLE STORE IS GOING TO BE TORE UP AND ANY CUSTOMERS ARE IN THERE.

AND THEN WE'RE GOING TO HAVE THEM, SINCE WE'RE GOING TO GET RID OF THAT, WE'RE GOING TO MAKE THEM PUT A CAMERA DIRECTLY ON THE ATM IF THEY DON'T ALREADY HAVE ONE.

AND THAT'S THE MEAT AND POTATOES OF IT.

THANK YOU SIR UM AND I'LL START TO MY RIGHT AND JUST KIND OF SCAN THIS WAY IF THERE ANY QUESTIONS CHAIR WEST THANK YOU JUST A COMMENT I JUST WANT TO THANK YOU FOR WORKING WITH THE SMALL BUSINESS COMMUNITY TO GET THIS DONE AND ADJUSTING THE ORDINANCE ACCORDINGLY IT'S IT'S GREAT TO SEE THE CITY KIND OF WORKING SIDE BY SIDE TO TO MAKE THINGS REALISTIC THANK YOU CHAIR RIDLEY.

SO COULD YOU START BY GIVING US THE FORMAL DEFINITION OF CONVENIENCE STORE? THE FORMAL DEFINITION? I DON'T HAVE IT HANDY, JUST RIGHT THIS SECOND.

SHE'S LOOKING.

I APOLOGIZE, GIVE ME A SECOND.

I THOUGHT I HAD IT WITH ME.

MATTHEW SAPP, CITY ATTORNEY'S OFFICE.

THE FORMAL DEFINITION

[01:00:01]

IN THE STATUTE...

READS THAT CONVENIENCE STORE MEANS ANY BUSINESS THAT IS PRIMARILY ENGAGED IN THE RETAIL SALE OF CONVENIENCE GOODS OR BOTH CONVENIENCE GOODS AND GASOLINE AND HAS LESS THAN 10,000 SQUARE FEET OF RETAIL FLOOR SPACE.

A CONVENIENCE STORE DOES NOT INCLUDE ANY BUSINESS THAT HAS NO RETAIL FLOOR SPACE ACCESSIBLE TO THE PUBLIC.

OKAY, SO YOU'RE TALKING ABOUT CARVING OUT SMALL BOX.

DISCOUNT STORES FROM THE APPLICABILITY OF THAT DEFINITION, CORRECT? JUST FOR THE PURPOSE OF THE SIGNAGE, YES, SIR.

OKAY.

SO WHAT YOU'RE CALLING THE SMALL BOX DISCOUNT STORES MIGHT STILL BE CLASSIFIED AS A CONVENIENCE STORE, BUT THEY WOULDN'T BE SUBJECT TO THE SIGNAGE AND THE ATM REQUIREMENT? YES, SIR.

AND HOW DO YOU DISTINGUISH WHETHER THEY ARE? SUBJECT TO THE SIGNAGE REQUIREMENT OR NOT? IT'S BASED ON THE SMALL BOX DEFINITION.

OKAY, WHAT'S THE SMALL BOX DEFINITION? THE SMALL BOX DISCOUNT STORE DEFINITION MEANS ANY BUSINESS THAT IS PRIMARILY ENGAGED IN THE RETAIL SALE OF FOODS, BEVERAGES, HOUSEHOLD PRODUCTS, PERSONAL GROOMING, HEALTH PRODUCTS, AND OTHER CONVENIENCE GOODS, DOES NOT SELL GASOLINE, DOES NOT CONTAIN A PHARMACY, HAS LESS THAN 10,000 SQUARE FEET OF RETAIL FLOOR SPACE, AND DOES NOT OPERATE UNDER A FOOD ESTABLISHMENT PERMIT.

SO CAN YOU GIVE ME SOME EXAMPLES OF RETAIL BUSINESSES THAT MEET THE SMALL BOX DEFINITION? FAMILY DOLLAR, DOLLAR GENERAL, CVS, WALGREENS.

NO, CVS HAS A PHARMACY.

WALGREENS HAS A PHARMACY.

SO THEY CAN'T BE CONSIDERED SMALL BOX, RIGHT? THAT'S CORRECT.

CHIEF'S BOYS.

MENTION OF THE DOLLAR STORES STORES THAT ARE IN WHAT ARE GENERALLY CONSIDERED STRIP MALLS THAT HAVE THOSE TYPES OF THINGS WOULD BE CONSIDERED HOWEVER AS YOU NOTED PHARMACIES THAT ARE PRESENT IN PLACES LIKE A WALGREENS OR A CVS WOULD NOT BE CONSIDERED A SMALL BOX DISCOUNT STORE.

OKAY, SO WHAT? IS THE REASON FOR CARVING OUT THESE FAMILY DOLLAR STORES SMALL BOX RETAIL FROM THE SIGNAGE REQUIREMENT THE CORPORATE BUSINESS MODELS FOR THOSE COMPANIES SEND THEM FOR EXAMPLE ADVERTISE THIS IN YOUR WINDOWS AND IT'S BASED ON HOW THEIR THE CHAIN WORKS THEY'RE NOT ALLOWED TO DO THAT THESE ARE BASED ON OUR ORDINANCES OTHER CITIES HAVE MADE EXCEPTIONS FOR THIS SO THEY'RE TRYING TO COMPLY WITH THEIR OWN BUSINESS MODEL.

WELL, I UNDERSTAND EVERYBODY'S GOT A BUSINESS MODEL, BUT WHAT ABOUT THEIR DIFFERENT BUSINESS MODEL SHOULD EXEMPT THEM FROM SIGNAGE REQUIREMENTS? AND PERHAPS YOU COULD START BY EXPLAINING WHY WE HAVE THE SIGNAGE REQUIREMENTS.

WE HAVE THE SIGNAGE REQUIREMENTS ON SOME OF THE CONVENIENCE STORES FOR BASICALLY ROBBERIES THAT THEY CAN SEE INSIDE THE STORE WHEN PEOPLE ARE COMING IN.

A LOT OF TIMES, THE MAJORITY OF THE TIMES, THESE REGISTERS AREN'T SET UP THE SAME WAY AS A CONVENIENCE STORE IS WITH A COUNTER.

THERE'S AISLES, OR THEY'RE NOT VISIBLE FROM THE WINDOWS BECAUSE THERE IS NO WINDOWS.

SET UP ON HOW THE BUSINESS IS SET UP, THAT'S THE PRIMARY DIFFERENCE, I BELIEVE, BETWEEN THE SMALL BUSINESS STORE AND THE CONVENIENCE STORE.

WELL, IF THE SMALL BOX STORES DON'T HAVE WINDOWS, THEN THEY WOULDN'T BE SUBJECT TO SIGNAGE REQUIREMENTS OF THE WINDOWS, WOULD THEY? IT DEPENDS ON HOW THEY'RE SET UP, YES, SIR.

AND HOW WOULD THIS AFFECT THE ATM PART OF THEIR BUSINESS PLAN? WHAT'S THE CHANGE THERE? THE SIGNAGE IS ONE THING, THE ATM IS FOR, THAT'S FOR ALL, THAT'S FOR THE WHOLE 12P, ALL CONVENIENCE STORES IN GENERAL, NOT JUST THE SMALL.

OH, OKAY, SO THAT DOESN'T JUST APPLY TO THE SMALL BOX, IT WOULD APPLY TO ANY CONVENIENCE STORE OF ANY SIZE? YES, SIR.

OKAY, AND CURRENTLY THEY HAVE TO HAVE CAMERA COVERAGE, WELL, THEY HAVE TO BE 12 FEET AWAY FROM THE DOOR OR WINDOWS.

AND WHAT'S THE DIFFERENCE, WHAT ARE YOU CHANGING WITH REGARD TO CAMERA COVERAGE? THANK YOU FOR THAT QUESTION, ASSISTANT CHIEF TINA SCHULTZ.

THE CHANGE IS GOING TO BE RIGHT NOW THEY'RE REQUIRED TO HAVE THE ATM 12 FEET AWAY FROM THE FRONT DOOR OR THE WINDOWS IN ADDITION TO HAVING IT BOLTED TO THE FLOOR.

WHAT WE'RE SEEING IS THAT IT'S NOT A DETERRENT SPECIFICALLY, AND IT'S CAUSING MORE DAMAGE TO THOSE BUSINESSES.

AND SO IF WE GIVE THEM THE ABILITY TO MAKE THE DECISION TO KEEP IT IN THE FRONT, THE ADDITION THING IS WE'RE REQUIRING THEM TO HAVE A WORKING CAMERA OFTENTIMES YOU CAN SEE ON SOME OF THE ATMS OUT THERE THEY HAVE CAMERAS BUILT INTO THEM BUT OFTENTIMES THOSE CAMERAS AREN'T WORKING SO IT WOULD REQUIRE THEM TO HAVE A CAMERA TO WHERE YOU COULD SEE A GET A GOOD VISUAL OF SAID INDIVIDUAL DID I ANSWER

[01:05:02]

YOUR QUESTION SIR WELL, I'M NOT SURE I UNDERSTOOD YOUR ANSWER.

SO YOU'RE DOING AWAY WITH THE 12-FOOT LIMITATION.

THEY CAN LOCATE IT RIGHT IN FRONT OF THE WINDOW.

CORRECT, SIR.

WE'RE GIVEN THE ABILITY TO HAVE THE DECISION.

RIGHT NOW THE 12B READS THAT IT HAS TO BE 12 FEET FROM THE FRONT.

WHAT WE'RE SEEING IS IT'S NOT A DETERRENT.

YOU'RE STILL SEEING THOSE ATM GETTING PULLED FROM THE STORE, CAUSING MORE DAMAGE AND POTENTIALLY CAN CAUSE INJURY.

AND SO WE'RE GIVING THEM THE ABILITY TO, IF THEY DON'T WANT TO MOVE IT TO THE BACK OF THE STORE, IF THEY KEEP IT TO THE FRONT, WE'RE ADDING ANOTHER REQUIREMENT SAYING YOU HAVE TO HAVE A WORKING CAMERA.

OH, OKAY.

SO ONLY IF THEY MOVE IT TO CLOSER THAN 12 FEET FROM THE DOOR OR WINDOWS DO THEY HAVE TO HAVE A CAMERA? YES, SIR.

OKAY.

SO THERE'S NO CAMERA REQUIREMENT CURRENTLY BECAUSE THEY'RE ALL REQUIRED TO BE AT LEAST 12 FEET AWAY FROM THE DOORS OR WINDOWS.

CORRECT.

THERE'S NO CAMERA REQUIREMENT WITH THE ATM.

OKAY.

WELL, I THINK THAT'S A GOOD IDEA.

BUT IF THEY STEAL THE WHOLE ATM, THEY TAKE THE CAMERA WITH THEM IF IT'S IN THE ATM, DON'T THEY? SO WHAT GOOD IS IT? MOST OF THESE CAMERAS, I THINK, ARE CLOUD-BASED.

AND SO EVEN IF THEY DO TAKE IT, WE'D HAVE THE ABILITY, IF IT'S OPERATING ON A CLOUD-BASED SYSTEM.

OH, THEY CAN RETRIEVE THE VIDEO FROM SOME OTHER SOURCE.

YES, SIR.

OKAY.

WELL, I GUESS I SUPPORT THAT.

THE, SO I UNDERSTOOD THAT THE SIGNAGE LIMITATION WAS SO THAT POLICE COULD SEE CLEARLY THROUGH WINDOWS OR DOORS TO THE CASH REGISTER AND THEY COULD SEE IF SOMEONE WAS ROBBING THE STORE OR NOT.

WAS THAT NOT THE ORIGINAL PURPOSE? YES, SIR.

OKAY, AND YOU'RE NOT CONCERNED ABOUT DOING AWAY WITH THAT REQUIREMENT FOR THIS VARIETY OF CONVENIENCE STORE? NO, SIR, WE'RE NOT.

WHY? I DON'T BELIEVE, I CANNOT RECALL IN MY TIME WHEN THE LAST TIME WE'VE GONE DUE TO ROBBERY IN THAT MANNER.

AND I JUST DON'T KNOW MYSELF.

I DON'T SEE WHAT GOOD IT DOES EXCEPT INCONVENIENCE TO STORE OWNERS.

SO, SHOULDN'T WE ELIMINATE IT FOR ALL CONVENIENCE STORES? BASED ON THEIR REGISTER SETUP, WE COULD TALK ABOUT IT, BUT I THINK EVERY STORE WOULD BE VERY SPECIFIC ON THAT.

SOME STORES ARE GOING TO BE TARGETED MORE THAN OTHERS.

CONVENIENCE STORES GET ROBBED ON A MORE CONSISTENT BASIS THAN ANY OF THESE SMALL BOX STORES WOULD.

IF IT'S A DETERRENT FOR THE CONVENIENCE STORES, I THINK MAYBE WE SHOULD LEAVE IT, BUT I THINK EVERY CONVENIENCE STORE, SOME OF THE SMALL BODEGAS...

WE MIGHT NEED THAT.

SOME OF THE LARGER ONES, MAYBE WE WOULDN'T.

I GUESS IT WOULD KIND OF DEPEND ON HOW THEIR SETUP WAS.

OKAY, THANK YOU.

THANK YOU.

THANK YOU.

I'M A LITTLE BIT CONCERNED ABOUT US REGULATING OPERATIONS OF A BUSINESS, HOW A BUSINESS DECIDES THAT THEY WANT TO OPERATE.

SAFETY AND SECURITY, I THINK, IS A VALUABLE INFORMATION, AND WE WANT TO.

CERTAINLY SUPPORT WHATEVER IS GOING TO MAKE YOUR JOB EASIER AND MORE EFFECTIVE.

BUT IF A BUILDING, IF A TENANT DOESN'T WANT TO HAVE WINDOWS, THEN THAT'S THEIR PREROGATIVE NOT TO HAVE WINDOWS ON THE FRONT OF THEIR BUILDING.

A LOT OF THESE DOLLAR STORES AND CONVENIENT AND BIGGER LITTLE BOXES DON'T HAVE WINDOWS.

SO YOU CAN'T SEE IN ANY WAY.

NUMBER TWO, IF A CONVENIENCE STORE WANTS TO HAVE WINDOWS, AND THEY DECIDE THEY WANT TO COVER UP ALL THEIR WINDOWS OR CREATE A STOREFRONT THAT DOESN'T HAVE ANY WINDOWS.

THAT SHOULD BE THEIR PREROGATIVE TO DO SO.

I'M SORRY.

SO ANYWAY, IT WOULD SEEM TO ME THAT WE'RE REGULATING THE OPERATION OF A BUSINESS.

IF THEY'RE GOING TO BE A MORE INSECURE BUSINESS, THEY'RE GOING TO HAVE PROBLEMS WITH GETTING INSURANCE.

THEY'RE GOING TO HAVE PROBLEMS WITH THEFT.

THEY'RE GOING TO HAVE PROBLEMS. AND IF THEY DON'T OPERATE PROPERLY, THEY'RE GOING TO BE OUT OF BUSINESS.

I DON'T KNOW WHY WE'RE DEALING WITH SIGNAGE, WHY WE'RE DEALING WITH VISIBILITY INSIDE OF A PERSON'S BUSINESS.

I DO, WHEN I SAY IT, I UNDERSTAND IT INTELLECTUALLY, BUT I DON'T KNOW THAT THAT'S SOMETHING WE SHOULD BE REGULATING, NUMBER ONE.

NUMBER TWO, IF YOU'RE GOING TO DEMAND OR REQUIRE CAMERAS, IF THEY'RE NOT WORKING, IF THEY DON'T HANDLE, IF THEY'RE, IF THEY, ARE NOT EFFECTIVE.

WHO'S GOING TO MEASURE THE 12 FEET AND WHERE IT'S GOING TO BE? IS IT GOING TO AFFECT THEIR INSURANCE? IS IT GOING TO AFFECT THEIR ABILITY TO MANAGE THEIR BUSINESS? AGAIN, IT'S A MANAGEMENT OF THE BUSINESS.

WHY ARE WE DEALING WITH THE MANAGEMENT OF THEIR

[01:10:02]

BUSINESS? I UNDERSTAND IT'S GOOD TO HAVE CAMERAS SO THAT WE CAN IDENTIFY PERPETRATORS, WE CAN IDENTIFY AND SOLVE THE CRIME.

I GET IT.

BUT TO MANDATE IT ON A PARTICULAR ITEM, A PARTICULAR AREA, FOR A PARTICULAR FOCUS ON JUST AN ATM, IT SEEMS LIKE IT'S NOT A WIDE ENOUGH THING.

IF YOU WANT TO SAY YOU HAVE TO HAVE A CAMERA ON YOUR BUILDING TO SHOW WHAT'S GOING ON, THAT'S SOMETHING ELSE.

BUT TO SAY THAT IT HAS TO BE DIRECTED TO A SPECIFIC ITEM IN A STORE, TO ME, IS NOT CORRECT.

AND ALSO, IF THE CAMERA'S NOT WORKING...

WHAT'S THE RAMIFICATIONS OF THAT TO THAT PARTICULAR DEAL? HOW DO WE HANDLE ATM MACHINES FROM BANKS? DO WE REQUIRE THEM TO HAVE THE SAME REQUIREMENTS OF 12 FEET AND TO DO IT IF THEY'RE STAND-ALONE ATMS OR IF THEY'RE IN BANK FACILITIES THEMSELVES? I CANNOT RECALL A TIME WHERE AN ATM HAS BEEN STOLEN OUTSIDE OF A BANK.

UM WELL THEY HAVE FOREST FOREST AND LBJ THEY HAVE A LITTLE LITTLE BANKS JUST HAVE JUST ATMS DOWN THEY'RE IN LITTLE BUILDINGS NO NO YES SIR I KNOW THEY HAVE THEM I JUST DON'T REMEMBER ANY TIME SO TYPICALLY ON AN ATM THEFT THEY STEAL A HEAVY DUTY TRUCK LIKE AN F-250 2500 THEY RUN IT THROUGH THE WINDOW WRAP A TRAIN CHAIN AROUND THE ATM AND PULL IT OUT AND SO AND IT'S TYPICALLY IN THE MIDDLE OF THE NIGHT UH WHEN A STORE IS EITHER IT'S LIKE 7-ELEVEN IS OPEN RIGHT UM AND THEN IT BOUNCES DOWN THE STREET BEING PULLED BEHIND BY THIS TRUCK.

IT'S A PUBLIC SAFETY HAZARD, OBVIOUSLY, WHEN THAT HAPPENS.

AND THEN ANYTHING INSIDE THE BUSINESS IS AT RISK WHEN IT DOES HAPPEN.

AND I CANNOT RECALL A ONE-OFF.

IT'S USUALLY A CREW OF SOME SORT THAT THEY'RE GOING TO HIT MULTIPLE TIMES, MAYBE NOT IN THE SAME NIGHT, BUT IN THE SAME TIME FRAME.

AND WE'RE TALKING 10 OR 20 BEFORE WE POTENTIALLY IDENTIFY THEM.

EVERY TIME THAT HAPPENS.

THAT BUSINESS IS PLACED AT RISK, THE PEOPLE INSIDE ARE PLACED AT RISK, EVERYONE'S PLACED AT RISK ABOUT BECAUSE OF THE, I GUESS, VIOLENCE OF THE ACTION ON HOW IT'S DONE.

ANY ATM THAT HAS BEEN BUILT INTO A WALL, LIKE SOMETIMES AT THE BANKS, THEY'RE BUILT INTO THE WALL, OR I DON'T RECALL ANY OF THOSE EVER BEING STOLEN LIKE THAT.

AND THERE'S NO GOOD WAY OF MOUNTING AN ATM WHERE THIS PREVENTS THAT.

THAT WOULD BE 90% EFFECTIVE.

WE DID A LOT OF RESEARCH ON TRYING TO FIGURE OUT HOW WE COULD HARDEN AN ATM AND REQUIRE IT, BECAUSE THAT WAY WE WOULD PREVENT A LOT OF THIS.

BUT THERE'S NOT.

THERE'S NOTHING THAT EXISTS TO STOP THAT TYPE OF FORCE WITH ONE OF THOSE STOLEN TRUCKS.

SO THIS, FOR US, IS MORE OF A SAFETY ISSUE FOR THE PUBLIC.

AND HOW THE BUSINESSES, INSURANCE, AND ALL THAT WORKS, THAT'S KIND OF ON THEM.

I CAN'T SPEAK ON THAT.

BUT THIS WOULD GIVE US A CLUE.

WITH THE ATM OR WITH THE CAMERAS ON THE ATMS, DIRECTLY ON THE ATMS. I APPLAUD YOU FOR TRYING TO HELP SOLVE A PROBLEM THAT SAYS, HAVE YOU ALL COORDINATED, HAVE YOU BEEN ENGAGING WITH THE CONVENIENCE STORE AND THE SMALL BOX STORE CHAINS TO TALK ABOUT IF THIS IS A VIABLE, ' THOUGHTFUL, PRACTICAL SOLUTION FOR THEM? ARE THEY ENDORSING THIS KIND OF A THING? ARE THEY WILLING TO? TO ADHERE TO IT OR ARE THEY GOING TO SAY WHAT ARE YOU GUYS DOING TO US? IN OTHER WORDS, IS THIS COMING OUT OF A PROCESS WHERE THE INDUSTRY IS ASKING FOR HELP AND IS ASKING FOR SUPPORT ON THIS? AND IF SO, I'D LIKE TO MAKE SURE THAT WE'RE NOT TELLING BUSINESSES THAT ARE DOING BUSINESS AND CREATING VALUE FOR THE NEIGHBORHOODS AND CREATING SALES TAX AND DOING STUFF, I DON'T WANT TO MAKE IT DIFFICULT FOR BUSINESSES TO BE DOING BUSINESS IN OUR CITY.

AND I WANT TO MAKE SURE THAT IF WE'RE PROSECUTING CERTAIN NEW ORDINANCES AND RULES, THAT THEY'RE BASICALLY ENDORSED AND THAT THEY'RE ACCOMMODATED AND THAT THEY'LL HELP THE BUSINESSES THAT ARE BEING IMPOSED UPON.

ANYWAY, THANK YOU FOR MY IF YOU'VE HAD SOME ENGAGEMENT, I'D LIKE TO KNOW ABOUT THAT.

YES, ON BOTH ACCOUNTS, FOR THE SMALL BOX AND FOR THE CONVENIENCE STORES.

VICE CHAIR, GOOD DAY.

YEAH.

I JUST WANT TO THANK YOU ALL FOR COMING UP WITH THIS BECAUSE I KNOW Y'ALL HAVE HELPED IN MY DISTRICT WITH SOME OF THESE ISSUES, ESPECIALLY WITH THE ATMS. I CAN EVEN THINK OF OTHER BUSINESSES THAT THIS WOULD BE HELPFUL WITH.

BUT I THINK THAT THIS, I KNOW THAT Y'ALL HAVE WORKED ON THIS ISSUE.

YOU KNOW, DPD HAS.

I KNOW WORKED WITH SO MANY OF OUR CONVENIENCE STORES THAT HAVE HAD ISSUES, SO HOPEFULLY THIS IS A GOOD WIN-WIN AND WILL HELP WHEN THESE CRIMES HAPPEN.

[01:15:01]

I KNOW Y'ALL TRY DIFFERENT THINGS AND SUGGEST BUSINESSES MOVE THE ATM IN A CERTAIN LOCATION, AND Y'ALL HAVE ALWAYS GONE ABOVE AND BEYOND FOR OUR BUSINESSES TO TRY TO...

GIVE THEM SOME MODELS TO HELP THEM OPERATE IN A SAFER MANNER.

SO HOPEFULLY THIS IS HELPFUL.

SO THANK YOU.

THE REASON I HESITATE, JUST SO I CAN SAY THIS PUBLICLY, IS BECAUSE I CAN NEVER REMEMBER IF YOU'RE A VICE CHAIR, CHAIR, AND ALL THAT KIND OF STUFF.

SO I'M TRYING TO GET THE TITLES RIGHT VERSUS CALLING YOU BAD.

WE'RE ALL COUNCILMEN.

BASICALLY.

GO AHEAD.

AS YOU WERE, MAN.

APPRECIATE IT.

THANK YOU ALL FOR THIS.

I ACTUALLY WANT TO JUST.

SAY I WOULD DISAGREE WITH WHAT I HEARD FROM CUSTOMER ROTH SPECIFICALLY I THINK THAT THERE PROBABLY IS A LITTLE BIT DIFFERENCE IN WHAT WE EXPERIENCE IN OUR DISTRICTS WHEN IT COMES TO C STORES AND JUST AND SO I I DO BELIEVE THAT THERE IS A NEED FOR THIS THE THE CAMERA REGULATION ON CASH REGISTERS RIGHT NOW, RIGHT? ISN'T THERE THE REQUIREMENT? THERE CURRENTLY IS A CAMERA REQUIREMENT.

I DON'T RECALL IF IT SPECIFIES ABOVE THE CASH REGISTER.

WE'RE JUST TRYING TO MAKE AN ADDITIONAL REQUIREMENT TO HAVE VIEW WHERE THE ATM IS.

NO, I KNOW WHAT Y'ALL ARE ASKING.

I WAS KIND OF WONDERING FOR PRECEDENT REASONS.

I MEAN, I THOUGHT THAT THE CODE ALREADY REQUIRED C-STORES TO HAVE.

ONE CAMERA AT THEIR CASHIER OR THE CASH REGISTER CORRECT SIR YES OKAY SO I DON'T NECESSARILY VIEW THIS AS OVERREACH I AND I WANT TO SAY THAT I THINK THERE IS SOME PROBABLY PRETTY COMPELLING DATA I KNOW THAT WASN'T INCLUDED IN THE OZ MEMO BUT IT WOULD PROBABLY BE HELPFUL IF WE COULD GET SOME OF THE INSTANCES YOU ALL MENTIONED I KNOW I'VE HAD ATM THEFTS IN THE DISTRICT AND IT'S IT'S VERY, I DON'T KNOW THE RIGHT WORD.

IT MESSES WITH A LOT.

I MEAN, IT REALLY, IN MANY CASES, REQUIRES BUSINESSES TO HAVE TO INVEST A LOT OF DOLLARS IN REPAIRING THEM.

SO I SEE THIS AS A POSITIVE.

YEAH, I DON'T NECESSARILY AGREE THAT THIS IS OVERREACH.

I DO THINK THAT THE CAMERA PIECE IS SOMETHING THAT IS...

WILL BE HELPFUL.

I GUESS WHAT I WOULD LIKE TO KNOW, WELL I WANT TO ALSO ADDRESS ONE THING THAT WAS MENTIONED JUST COUNCILMEMBER ROTH, I GET THE CONTEXT IN WHICH YOU'RE MENTIONING THAT IT MAY BE OVERREACH ESPECIALLY WHEN IT'S TALKING ABOUT COVERING ALL OF THE WINDOWS BUT IN OUR CASES A LOT OF OUR DISTRICTS COVERING ALL THOSE WINDOWS IS USUALLY EQUATED TO AN ILLEGAL GAME ROOM.

OF SOME SORT AND IT'S JUST MAKING IT HARDER FOR US TO ENFORCE WHAT WE ALREADY HAVE ON THE BOOKS BECAUSE THEY'RE A PRIVATE PROPERTY AND THE LAST THING THAT I WANT TO DO IS ALLOW FOR THESE BUSINESSES TO BE ABLE TO USE AS A CRUTCH THEIR ABILITY TO OPERATE THEIR BUSINESSES.

WE DON'T WANT TO MAKE IT HARDER TO OPERATE BUSINESS BUT THE LAST THING I WANT TO DO IS MAKE IT EASY FOR PEOPLE THAT ARE OPERATING THE BAD BUSINESSES AND I THINK THAT THIS THIS DOES GET TO IT AS LONG AS WE HAVE COMPELLING DATA FOR THE PUBLIC PURPOSE I DON'T THINK THAT THIS IS OVERREACH AND SO CAN Y'ALL PROVIDE US WITH SOME DATA SPECIFIC TO THE AMOUNT THAT THIS HAS HAPPENED WHERE THEY'VE HAPPENED IN UH UM UM ETC YES SIR COUNCILMEMBER WE ACTUALLY DID BEFORE WE UH APPROACHED THIS WE DID DID AN EXTENSIVE DATA SEARCH BECAUSE WHEN WE WERE MEETING WITH THE BUSINESSES THEY WERE THEY WERE ARGUING OR JUST ASKING US TO WORK WITH THEM SAYING HEY THESE THINGS AREN'T WORKING AND SO WE PULLED THE DATA WITH THE ATMS AND WE DID SEE THAT MORE THAN 60% OF THE ATM THEFTS FOR EXAMPLE FOR THE 7-ELEVENS WERE OCCURRING FROM THE REAR OF THE STORE SO WE JUST DIDN'T BRING THIS TO YOU GUYS ARBITRARILY WE DID A EXTENSIVE DATA SEARCH FOR THE LAST 10 YEARS AND FROM 2000 I PULLED UP DATA FROM 2024 TO CURRENT AND WE'RE STILL SHOWING THE MAJORITY OF OUR ATM THEFTS ARE COMING FROM THE BACK OF THE STORE 7-ELEVEN HAS SHARED SOME OF THOSE VIDEOS WITH US AND WE HAVE TO BE THANKFUL THAT INDIVIDUALS HAVEN'T BEEN INJURED WITH THAT BECAUSE IT IS A VERY, VERY AGGRESSIVE, VIOLENT PULL FROM THE BACK OF THE STORE.

AND WHEN YOU, THAT WAS MY NEXT QUESTION ON THE WORKING GROUP, DO YOU MIND PROVIDING US WHO, I WANT TO JUST SEE THE DISTRICTS THAT WERE INCLUDED IN THE CONVERSATIONS.

THE ONLY REASON I ASK THAT IS THAT I HAVE SOME REALLY GOOD C-STORE OPERATORS, I HAVE SOME REALLY BAD ONES.

AS WELL, BUT I HAVE SOME REALLY GOOD ONES THAT I'D LOVE TO JUST BE ABLE TO GO IN AND GET THEIR FEEDBACK, BUT I'M CURIOUS IF THEY WERE MAYBE A PART OF YOU ALL'S WORKING GROUP OR HAD AN OPPORTUNITY TO WEIGH IN AS WELL.

COUNCIL MEMBER, FOR MYSELF,

[01:20:01]

WHEN WE PULLED THE ATM OFFENSE LOCATION, 7-ELEVEN WAS THE ONE THAT HAD THE MAJORITY OF THE ATM STUFF, SO I WORKED SPECIFICALLY WITH 7-ELEVEN WITH SOME OF THE THINGS THAT WERE WORKING, WERE NOT WORKING, AND TOGETHER WE KIND OF CAME UP WITH SOME IDEAS, SO IT WAS A 7-ELEVEN CORPORATE.

OFFICE OVERALL THE PROPERTY OF W AREA.

OKAY, AND WHAT IS WHAT DATE IS THIS LOOKING FOR? APPROVAL I BELIEVE IF WE GET THE MOTION TO MOVE FORWARD, THEN WE'LL TRY TO GET IT ON FULL COUNCIL, HOPEFULLY IN JUNE.

IN JUNE, OKAY.

WELL, THAT GIVES ME ENOUGH TIME.

I JUST WANT TO BE ABLE TO TALK TO SOME OF THE C-STORE OPERATORS IN MY DISTRICT AND JUST SEE IF THERE'S POSSIBLY ANYTHING THAT WE'RE NOT THINKING OF THAT COULD BE ADDED TO THIS.

BUT I DO APPRECIATE YOU ALL BRINGING THIS FORWARD.

I THINK THAT HOPEFULLY THIS WILL BRING A GREATER SENSE OF SAFETY AND SECURITY FOR A LOT OF COMMUNITIES.

YES, SIR.

THANK YOU.

DEPUTY MAYOR PRO TEM WILLIS.

THANK YOU, AND I APPRECIATE IN ASKING QUESTIONS IN ADVANCE OF THE MEETING THAT YOU SHARED THAT REALLY THIS WAS INDUSTRY-DRIVEN, THAT THEY BROUGHT THIS TO YOU WANTING THIS TO BE RELAXED.

SO THIS IS ACTUALLY RELAXING REGULATION TO INCREASE THE FLOW OF COMMERCE.

SO THAT'S SOMETHING I HAD TO WRAP MY HEAD AROUND ON THIS, SO THAT'S KIND OF A DIFFERENT DIRECTION THAN WE SOMETIMES GO.

BUT YOU MENTIONED SOMETHING LIKE CAMERAS.

ONE CAMERA IS REQUIRED.

AT A CONVENIENCE STORE? I BELIEVE THAT IS CORRECT.

DO YOU EVER SEE, AND I KNOW THIS WILL BE ANECDOTAL, AND WE DON'T HAVE TO GO IN-DEPTH ON THIS OUT OF RESPECT FOR TIME, BUT DO YOU SEE MANY CONVENIENCE STORES THAT DON'T HAVE AT LEAST ONE CAMERA? THEY'RE NOT ALWAYS WORKING.

OKAY.

AND THEY'RE NOT, IT KIND OF DEPENDS ON THE STORE, BECAUSE IF WE'RE TALKING ABOUT A 50-FOOT CONVENIENCE STORE, IT'S KIND OF LIKE A BODEGA.

THEY, YOU KNOW, WHERE YOU WALK IN AND IT'S JUST A LITTLE HALL AND THEY HAVE A WINDOW AND THAT'S IT.

THAT'S ONE TYPE OF CONVENIENCE STORE.

AND THEN THERE'S THE 7-ELEVENS OR YOUR QUICK TRIPS THAT ARE, YOU KNOW, BIG.

BIGGER TYPE OF CONVENIENCE STORES.

AND THE FRANCHISES ARE TYPICALLY GOING TO HAVE YOUR CAMERAS.

THAT'S NOT GOING TO BE AN ISSUE WITH THE FRANCHISES, BUT IT'S THE SMALLER MOM-AND-POP ONES THAT MIGHT HAVE A PROBLEM SOMETIMES.

OKAY.

WELL, I MEAN, YOU SEE THEM AT EVERY DOORBELL PRACTICALLY, AND SO I THINK TECHNOLOGY, THE ECONOMY OF IT MAY BE BETTER NOW.

BUT I WAS GLAD YOU BROUGHT THIS FORWARD.

I HAD NOT NECESSARILY THOUGHT OF THIS, AND SO I WAS A LITTLE UNCOMFORTABLE AT FIRST WITH THE SIGHTLINE ISSUE.

BUT IF THE INDUSTRY IS BRINGING THIS AND FEELS LIKE IT WILL HELP THEIR BUSINESS AND HELP THEM PROMOTE, YOU WHAT THEIR BUSINESS IS DOING TO TO DRIVE OUR ECONOMY THEN I WOULD BE SUPPORTIVE OF IT THANK YOU THANK YOU CHAIR RIDLEY SO DID YOU GATHER STATISTICS ABOUT THE DIFFERENTIAL CRIME RATES WITH SMALL BOX DISCOUNT STORES VERSUS THE LARGER CONVENIENCE STORES FOR THE ATM THEFTS WE JUST TOOK THE TOP 10 LOCATIONS FROM THE PAST 10 YEARS WELL WHAT ABOUT THE THEFTS IN GENERAL WITH REGARD TO THE SIGNAGE LIMITATIONS? DID YOU FIND THROUGH YOUR INVESTIGATION THAT THE SMALL BOX DISCOUNT STORES ARE LESS PRONE TO ROBBERIES THAN REGULAR CONVENIENCE STORES, THUS YOU'RE WILLING TO RELAX THE SIGNAGE REQUIREMENT? I DON'T HAVE THE NUMBERS WITH ME, COUNCILMEMBER, BUT I CAN GET THEM FOR YOU IF YOU WANT TO SEE THE DIFFERENCE BETWEEN THOSE TWO.

SO YOU DID GATHER THAT DATA? WE'VE LOOKED AT IT, YES, SIR.

I DON'T HAVE THEM IN FRONT OF ME.

AND I ASSUME THAT SUPPORTS WHAT YOU'RE ADVOCATING FOR HERE TODAY, THAT THE CRIME RATES WERE LOWER AT THE SMALL BOX DISCOUNT STORES THAN THE LARGER CONVENIENCE STORES.

YES, SIR.

OKAY.

THANK YOU.

AND THANK YOU ALL AND COLLEAGUES FOR THE QUESTIONS.

AND I THINK YOU'RE RIGHT.

I PUT A NOTE HERE.

IT'S JUST PERSPECTIVES.

AND DEPENDING ON, YOU KNOW, WHAT SIDE OF THE CITY YOU LIVE ON, THESE CHANGES MEAN A LOT.

AND ON THE OTHER SIDE, MAYBE IT MEANS NOTHING, MAYBE IT MEANS OVERSTEPPING, THOSE KIND OF THINGS.

BUT I KNOW WHEN I THINK ABOUT BETWEEN MYSELF AND COUNCILWOMAN BLAIR'S DISTRICT DOWN, CAMP WISDOM, BETWEEN 67, REALLY UNDER 67, ALL THE WAY TO COCKRELL HILL, I HAVE A 7-ELEVEN, WE HAVE A SHELLS, WE HAVE A DOLLAR TREE, AND WE HAVE A HAPPY MART.

THAT ALL OF THESE DIFFERENT TYPES, ALL OF THEM, I HAD CODE COMPLIANCE GO THROUGH AND JUST...

DO AN ANALYSIS OF THE DIFFERENT VIOLATIONS AND OVER REMEMBER I THINK IT WAS OVER 30 PERCENT OF THEM UM THE NO OVER 40 PERCENT OF IT WERE THE VIOLATIONS WHERE THE SIGN IS SO MY QUESTION IS IN A SITUATION LIKE THAT WOULD A DOLLAR TREE WOULD THEY NOW BE SUBJECT TO THOSE SAME SIGN ISSUES IF I'M UNDERSTANDING HOW THIS IS GOING THEY WOULDN'T I DON'T THINK RIGHT CURRENTLY, THEY ARE SUBJECT TO THE SAME SIGNAGE REQUIREMENTS AS ANY CONVENIENCE

[01:25:01]

STORE.

BUT GOING FORWARD, BECAUSE THEY'RE...

WE'RE ASKING FOR AN EXCEPTION FOR THOSE TYPE OF STORES.

THAT'S WHAT I THOUGHT.

YES, SIR.

OKAY.

ALL RIGHT.

BUT FOR THE CONVENIENCE STORES AND THOSE SMALLER STORES THAT ARE SUBJECT TO THESE TYPE OF THINGS, SUBJECT TO HIDING, YOU KNOW, THE PRACTICES AND THINGS LIKE THAT, THIS WOULD APPLY IN TERMS OF THE SIGNAGE ON THE WINDOWS AND COVERINGS AND ALL OF THAT, CORRECT? I'M SORRY, SIR, I DIDN'T FOLLOW THAT.

I KNOW, I'M RAMBLING.

MEANING, SO THE SMALLER, THE 7-ELEVENS, THESE KIND OF RANDOM MARK TYPE OF STORES, THEY DECIDE...

THE SIGNAGE ON THE WINDOWS AND ALL OF THOSE KIND OF STUFF THAT IT THIS WOULD APPLY TO THAT SO THEY WOULD STILL THEY WOULD STILL HAVE THE SIGNAGE REQUIREMENTS CORRECT OKAY THAT'S WHAT I'M TRYING TO GET TO I'M SORRY IT SEEMED LIKE IT TOOK A LONG TIME TO ASK THAT ALL RIGHT UM IF THERE ARE ANY OTHER QUESTIONS ON THAT UM AGAIN THIS REQUIRES A MOTION UM SO DO I HAVE A MOTION MOTION HAS HAS BEEN MADE PROPERLY SECOND ALL IN FAVOR AYE OPPOSED ALL RIGHT THANK YOU SO MUCH.

MOVING ON TO THE NEXT ITEM THAT REQUIRES A MOTION OF SUPPORT.

IT IS ITEM F, AND IT IS AN ORDINANCE AMENDING CHAPTER 42A, SPECIAL EVENT NEIGHBORHOOD MARKETS, FARMERS MARKETS, AND STREETLIGHTS THERE.

I'M NOT GOING TO HAVE THEM COME UP, BUT ARE THERE ANY QUESTIONS ON THIS ITEM? YES, MA'AM.

SO I GUESS YOU CAN IF YOU'RE IN THE BUILDING.

YES, MA'AM.

VICE CHAIR CADENA.

YES.

YEAH, SO.

THIS IS ITEM F, RIGHT? WHAT DOES TEMPORARY DISPLAY MEAN, AND WHAT DOES THAT ENFORCEMENT LOOK LIKE? I'M GOING TO ASK STAFF TO COMMENT ON THOSE QUESTIONS.

THANK YOU.

GOOD MORNING.

ROSA FLEMING, DIRECTOR OF CONVENTION AND EVENT SERVICES.

COULD YOU PLEASE REPEAT THE QUESTION? YES, SO WHAT DOES TEMPORARY DISPLAY MEAN? TEMPORARY DISPLAY? YES.

SO, YES.

SO WHAT WE TYPICALLY DO IS PERMIT ANY TEMPORARY DISPLAY FOR LARGER EVENTS AFTER THEY HAVE MET ANY OF THE OTHER CRITERIA FOR HAVING TO PERMIT AN EVENT, LIKE THE NUMBER OF ATTENDEES, ET CETERA.

AND SO A TEMPORARY DISPLAY COULD BE ANYTHING FROM SIGNAGE TO THE...

FOR EXAMPLE, IF THEY CREATE A STAGING AREA, ETC.

SO ANY OF THOSE THINGS THAT WOULD OR MAY BLOCK A STREET, BUT WERE ONLY TEMPORARY FOR, YOU KNOW, EITHER THE DAY OR IF THEY'VE GOT SOMETHING THAT'S RECURRING FOR A COUPLE OF DAYS AND IT'S ONLY GOING TO BE THERE A SHORT TIME.

WOULD THEY NEED TO GET A SPECIAL EVENT PERMIT OR IS IT JUST, I GUESS, IF IT REQUIRES AN EMERGENCY TRAFFIC REGULATION? SURE.

I'M HAPPY TO ANSWER THAT.

SO IF THERE'S ANY OF THE TRIGGERS FOR A SPECIAL EVENT PERMIT.

TYPICALLY SOMEONE WILL, IF THEY'RE INQUIRING ABOUT AN EVENT, THEY WILL GO THROUGH OUR TEAM IN THE OFFICE OF SPECIAL EVENTS, AND THEY WILL PROVIDE A DESCRIPTION OF WHAT THAT EVENT DOES.

SO IF THERE'S A TRIGGER, IF THERE'S A NUMBER OF PERSONS AND IT MEETS THAT REQUIREMENT, OR IF THERE'S STAGE AND LIGHTING, THERE'S INTERACTION WITH FIRE, OR ANY TYPE OF...

SETUP OR PARADE OR MOVEMENT THAT'S GOING TO BLOCK A STREET THOSE ARE THE THINGS THAT WOULD TRIGGER AND YES THAT WOULD REQUIRE A PERMIT THERE'S INSTANCES WHEN IT'S ON PARKLAND FOR EXAMPLE WE THEN REFER THAT TO PARK AND REC AND THEN IF THERE IS A STREET CLOSURE WILL INTERACT WITH PARK AND REC FOR THAT AND THERE ARE OTHER TIMES WHEN WE SIMPLY TELL THEM IT DOESN'T MEET THE TENANTS FOR A SPECIAL EVENT PERMIT SO IT'S SITUATIONAL AND THEN WHAT ABOUT LIKE FIREWORKS AT REUNION ARENA WHERE THEY DO GET A SPECIAL EVENT PERMIT, BUT MAYBE IT'S CAUSED ISSUES MORE THAN ONE YEAR IN A ROW? CORRECT.

SO WE HAVE THINGS LIKE IF WE DO THE NEW YEAR'S EVE EXAMPLE, THOSE TYPE OF THINGS, THERE WERE PYROTECHNICS THAT REQUIRE SPECIAL EVENT PERMITTING, AND THERE'S VARIOUS INSTANCES WHERE IT WILL CAUSE OBVIOUSLY A TRAFFIC BLOCKAGE AS PEOPLE WATCH THEM.

CORRECT.

THAT'S ALL.

THANK YOU.

YES, SIR.

THANK YOU.

I REALLY WANT TO UNDERSTAND, WE'RE AMENDING THE ORDINANCE.

WHAT IS THE, IS THERE A FUNDAMENTAL CHANGE IN THE AMENDMENT, THE SPECIAL EVENT AMENDMENT ITSELF? WHAT CHANGES ARE WE REALLY MAKING THAT ARE DIFFERENT THAN WHAT WE'VE GOT RIGHT NOW? THANK YOU FOR THE QUESTION.

SO RIGHT NOW THIS POLICY RECOMMENDATION ACTUALLY ALLOWS

[01:30:02]

US TO GO IN AND AMEND CHAPTER 42A THAT'S THE SPECIAL EVENT ORDINANCE AND LINKS IT TO THE TRAFFIC ORDINANCE THAT'S IN CITY CODE SECTION 2810, AND THAT ALLOWS AND GIVES A LITTLE BIT MORE PEACE AND A LITTLE BIT MORE ALLOWANCE FOR DPD AND THE TRANSPORTATION AND PUBLIC WORKS DEPARTMENT TO BE ABLE TO ENFORCE SOME OF THE TRAFFIC HOLES THAT COME UP WITH SOME OF THESE EVENTS THAT ARE PERMITTED.

RIGHT NOW THERE'S NOT A LINKAGE IN THERE TO THAT ORDINANCE AND SO THERE'S BEEN SOME SITUATIONS WHERE IT'S HARDER TO FORCE EMERGENCY TRAFFIC SITUATIONS.

A GREAT EXAMPLE IS ALL THE CALLS THAT WE GOT THIS PAST YEAR FOR SOME OF THE BLOCKAGES RELATED TO THE PYROTECHNICS THAT TOOK PLACE DURING THE NEW YEAR'S EVE, FOR EXAMPLE.

AND SO IT'S HARDER FOR THEM TO BE ABLE TO, ONE, DEVELOP A PLAN, CONSIDER IT A SPECIAL EVENT, AND BE ABLE TO DO SOME OF THE THINGS THEY WOULD TYPICALLY DO.

SAY DURING THE CHRISTMAS PARADE, FOR EXAMPLE, THE HOLIDAY PARADE THAT TAKES PLACE DOWNTOWN, THERE'S A LOT OF PLANNING THAT GOES IN, AND IT'S CONSIDERED A SPECIAL EVENT, AND SO THERE'S A NATURAL ALLIANCE AND A NATURAL PLANNING THAT TAKES PLACE BETWEEN CODE, TRANSPORTATION AND PUBLIC WORKS, DALLAS POLICE DEPARTMENT, DALLAS FIRE RESCUE, ET CETERA.

AND SO IN THIS CASE, IT ALLOWS FOR ENFORCEABILITY.

AND IT'S ADDED TO THE LIST OF CODES AND LINKAGES THAT ARE ALREADY IN CHAPTER 42A.

AND WE TYPICALLY LOOK AT, JUST SO YOU KNOW, WE LOOK AT CHAPTER 42A EVERY COUPLE OF YEARS ANYWAY TO SEE IF THERE'S SOMETHING OR A LINKAGE TO A CODE THAT WE'VE MISSED AND THAT SOMETHING HAS COME UP AND MADE IT MORE DIFFICULT FOR A PARTNER DEPARTMENT.

SUCH AS CODE OR DPD OR FIRE TO BE ABLE TO ENFORCE SOME OF THE THINGS THAT ATTRIBUTE TO PUBLIC SAFETY DURING LARGER EVENTS.

IS THIS LANGUAGE IN SECTION 22 SPECIAL EVENT DEFINITION MEANS, IS THIS NEW LANGUAGE THAT YOU ALL ARE PROMULGATING, OR IS THIS LANGUAGE THAT'S ALREADY IN THE ORDINANCE? ARE WE MAKING CHANGES TO ANY OF THE...

ANY OF THESE LINE ITEMS? WE'RE NOT MAKING CHANGES.

WE'RE ADDING AND LINKING THE LANGUAGE THAT'S ALREADY EXISTING IN DALLAS CITY CODE IN SECTION 2810.

IT'S UNDER A SECTION CALLED EMERGENCY AND EXPERIMENTAL REGULATIONS, AND IT TYPICALLY LINKS TO TRANSPORTATION AND PUBLIC WORKS AND TO DALLAS PD, DALLAS POLICE DEPARTMENT.

AND ALLOWS THEM TO PROVIDE TEMPORARY REGULATIONS TO COVER SPECIAL CONDITIONS AND SO SOMETIMES IN THE AS WE GO THROUGH THE PLANNING OF SPECIAL EVENTS AND AS WE INTERACT WITH THE PUBLIC AND FIND NEEDS FOR PUBLIC SAFETY THIS WOULD JUST GIVE THEM IT'S ALREADY IN THE CODE IT ALREADY EXISTS IT'S JUST LINKED INTO CHAPTER 42A AND JUST FOR SOME HISTORY FOR FOR YOUR BENEFIT UM BEING NEWER TO THE COUNCIL, CHAPTER 42A IS KIND OF A ONE-STOP SHOP, AND IT LETS YOU LOOK AT THE THINGS THAT INTERACT WITH THE DELIVERY OF A SPECIAL EVENT, SHORT-TERM EVENTS, MARKETS, ETC., THAT TAKE PLACE AROUND THE CITY IN AN ATTEMPT TO HELP PEOPLE TO UNDERSTAND, AS THEY LOOK AT THE CHAPTER, WHAT ARE THE POTENTIAL CODES AND OTHER THINGS THAT THEIR EVENT CAN BE LINKED TO.

AND THIS IS JUST CLARIFYING THAT FOR THE...

DELIVERY OF PUBLIC SAFETY AS RELATES TO TRAFFIC.

ARE THERE ANY ADDITIONAL, WHAT I'M TRYING TO UNDERSTAND IS WHAT'S THE RAMIFICATIONS OF THIS CHANGE? IF THE GREEK FOOD FESTIVAL, IF THE CHILI COOK-OFF AT THE SYNAGOGUE THAT WE HAVE, IF A NEIGHBORHOOD EVENT THAT'S ONGOING WITH INSTITUTIONS, IS THIS GOING TO CHANGE THEIR REQUIREMENTS TO GET A DIFFERENT KIND OF A PERMIT? IS IT GOING TO BE MORE DIFFICULT? FOR THEM TO GET THEIR EVENT AUTHORIZED? DO THEY HAVE TO DO SOMETHING SPECIAL THAT'S GOING TO IMPOSE ON THEM ADDITIONAL REQUIREMENTS? SURE.

I'M GOING TO LET LAURA FLORES, SHE'S A MANAGER IN OUR DEPARTMENT, TO KIND OF WALK YOU THROUGH WHAT THOSE CHANGES WOULD BE AND HOW IT WOULD BE IMPLEMENTED AS THEY'RE PROCESSING A PERMIT.

GOOD MORNING AND THANK YOU FOR THE QUESTION.

THANK YOU.

TALK LOUDER PLEASE.

LAURA FLORES, MANAGER, CONVENTION EVENT SERVICES

[01:35:02]

OFFICE OF SPECIAL EVENTS.

THANK YOU FOR THE QUESTION.

YOU MENTIONED SOME OF OUR GREAT EVENTS THAT WE COME THROUGH OUR OFFICE AND THEY DO OUR PERMITTING PROCESS WITH US AND AS PART OF THAT PERMITTING PROCESS WE DO HELP THEM.

WE CONNECT THEM WITH TRANSPORTATION, PUBLIC WORKS AND DALLAS POLICE DEPARTMENT.

WE HELP ALL TOGETHER TO DEVISE A TRAFFIC PLAN FOR THOSE EVENTS TO LESSEN THE IMPACT IN THE NEIGHBORHOOD.

WHAT THIS LINKAGE TO THE CODE FOR 28-10 WOULD HELP IS IF AN ACTIVITY STARTED OCCURRING THAT DID NOT TRIGGER A SPECIAL EVENT AT THE ONSET, BUT AS IT GAINS POPULARITY AND DALLAS POLICE DEPARTMENT OR TRANSPORTATION REVIEWS THE AREA AND THEY START SEEING THE IMPACT THAT IS OCCURRING IN THE NEIGHBORHOOD THEN THIS WOULD GIVE US THAT LINE OF COMMUNICATION TO SPEAK TO THE ACTIVITY AND THE PROPERTY OWNER THE EVENT AND EXPLAIN THAT THERE IS AN IMPACT TO THE NEIGHBORHOOD AND WE'D LIKE TO LINK THEM THROUGH 28-10 INTRODUCE THEM TO CHAPTER 42 SO THAT WE CAN HELP GET THEM INTO A SMALL SPECIAL EVENT PERMIT IF NECESSARY IT HELPS WITH THE PUBLIC SAFETY PORTION IT HELPS US IF WE HAVE TO BE REACTIVE INSTEAD OF BEING PROACTIVE AND IT HELPS THE CITIZENS UNDERSTAND THAT WE ARE WORKING TOGETHER WITH THEM IF THAT MEANS BRINGING OUT STREET CLOSURE APPARATUSES TO HELP MITIGATE SOME OF THAT IMPACT OR AGAIN HELPING WITH TRANSPORTATION AND PUBLIC WORKS TO MAKE SOME ADJUSTMENTS TO THE TRAFFIC FLOW 2018 2018 DETERMINES WHAT THE CITY NEEDS TO DO IN ORDER TO CLOSE THE STREET OR TO CREATE TRAFFIC CONTROL IS IN SO THIS WOULD ACTIVATE A RESPONSE FROM THE CITY ON WHETHER THAT'S APPROPRIATE IT'S NOT A REQUEST FROM THE SPECIAL EVENT IT'S A IT'S AN IMPOSITION BY THE CITY TO SAY WE WILL WE NEED TO HAVE TRAFFIC CONTROL IS THAT WHAT YOU'RE CORRECT AND A GREAT EXAMPLE ACTUALLY OCCURRED WITH THE BIKE RUN THIS WEEKEND THERE WAS A BRIDGE THAT DIDN'T NECESSARILY HAVE TO GO THROUGH THE PERMITTING PROCESS EXCEPT THAT THERE WERE SOME IMPACTS IN THE WEST DALLAS AREA AS RELATES TO THAT AND SO WERE THIS IN THE UH IN 42A AT THE TIME WE COULD SIMPLY HAVE CALLED DPD AND CALLED TRANSPORTATION AND PUBLIC WORKS TO HELP AND WE WOULD HAVE CALLED THE PLANNER AND SAID YOU KNOW WE'LL NEED TO IMPOSE JUST A LITTLE BIT OF COST UH TO YOUR EVENT TO PROVIDE ADDITIONAL BARRIERS AND SOME TRAFFIC CONTROL IN THIS CASE YOU KNOW THE CITY WOULD HAVE TO IN THE CASE THAT HAPPENED THIS WEEKEND THE CITY THEN ABSORBS THAT COST RIGHT AND SO BUT THROUGH A SITUATION THAT WE DID NOT CREATE AND SO IT JUST GIVES.

DPD, IT GIVES TRANSPORTATION AND PUBLIC WORKS AN OPPORTUNITY TO BE ABLE TO ENFORCE AN EXISTING CODE IN A SITUATION WHERE A SPECIAL EVENT TRIGGERS SOME KIND OF EMERGENCY NEED FOR TRAFFIC CONTROL.

I'M GONNA NEED TO GET SOME MORE INFORMATION ON THIS FROM YOU ALL OFFLINE, BUT THANK YOU FOR YOUR EXPLANATION.

THANK YOU.

THANK YOU.

CHAIR WHITTEMORE.

THANK YOU, MR. CHAIR.

SO THE WAY I READ THIS, EVERY TEMPORARY OUTDOOR DISPLAY OR EXHIBITION DOES NOT REQUIRE THIS NEW PERMIT.

IT'S ONLY IF IT CREATES A SPECIAL CONDITION THAT REQUIRES AN EMERGENCY TRAFFIC REGULATION UNDER 2810.

YES, THAT'S CORRECT.

SO SO WHO MAKES THAT DETERMINATION THAT TRIGGERS THIS NEW PROPOSED ORDINANCE AND WHAT ARE THEIR CRITERIA FOR MEETING THAT SO TYPICALLY WE WILL IN THE CONVENTION EVENT SERVICES OFFICE OF SPECIAL EVENTS WILL GET A CALL ABOUT SOMETHING THAT'S OCCURRING AROUND THE CITY PEOPLE WILL MAKE THE PRESUMPTION THAT IT HAS A SPECIAL EVENT PERMIT IF IT STARTS TO BLOCK A STREET BECAUSE THAT'S A REQUIREMENT TO GET A SPECIAL EVENT PERMIT IF YOU'RE GOING TO IMPEDE TRAFFIC, BLOCK A STREET.

OR CAUSE SOMETHING THAT STARTS TO IMPEDE TRAFFIC.

AND SO IF WE FIND, IF MS. FLORES AND HER TEAM DISCOVER THAT THERE'S NOT A SPECIAL EVENT PERMIT RELATED TO THAT EVENT, THIS GIVES DPD AND TRANSPORTATION AND PUBLIC WORKS THE OPPORTUNITY TO GO OUT, SET UP BARRICADES, PROVIDE SOME TRAFFIC CONTROL, ET CETERA.

WITHIN CHAPTER 42A, MS. FLORES

[01:40:02]

AND HER TEAM WOULD THEN BE ABLE TO ISSUE AN EMERGENCY SPECIAL EVENT PERMIT AND BE ABLE TO SHOW THAT HEY WE'VE ALLEVIATED THIS PUBLIC SAFETY CONCERN, WE'VE ALLEVIATED THE TRAFFIC CONCERNS CREATED BY THIS SPECIAL EVENT, BY THIS EVENT THAT WAS AN UNPERMITTED EVENT THAT TURNED INTO SOMETHING BECAUSE OF MARKETING WHATEVER THAT REQUIRED THAT WOULD HAVE ANY TYPICAL SERVICE DEATHS.

REQUIRED A SPECIAL EVENT PERMIT SO IT'S ONLY IN THOSE SITUATIONS SO IT'S NOT EVERY SINGLE EVENT EVERY SINGLE MARKET WOULD NOT TRIGGER THIS IT WOULD BE THOSE THAT CAUSED A TRAFFIC CONCERN SO THIS WOULD BE COMPLAINT BASED FOR THE MOST PART SO YOU RECEIVE A COMPLAINT AND YOU SEND SOMEONE OUT TO OBSERVE THE CONDITIONS AND THAT PERSON DETERMINES WHETHER IT'S CAUSING EXCESSIVE TRAFFIC CONGESTION OR STREET BLOCKAGE YES, AND SO BY THE EXISTING SECTION 2810, IT'S THE TRANSPORTATION, PUBLIC WORKS, AND DPD DEPARTMENTS THAT WOULD DETERMINE IF THAT COMPLAINT IS, ONE, VALID, AND, TWO, REQUIRES BARRIERS OR SOME TRAFFIC CONTROL.

SO OFFICE OF SPECIAL EVENTS WOULD RECEIVE THE COMPLAINT, TYPICALLY, AND THEN THIS WOULD ALLOW THEM TO DO IT.

IF DPD RECEIVED IT DIRECTLY OR TRANSPORTATION.

PUBLIC WORKS RECEIVED IT DIRECTLY THEY WOULD CALL THE OFFICE OF SPECIAL EVENTS TO ISSUE THAT TEMPORARY EMERGENCY PERMIT AS WELL SO IT ALLOWS FOR THEM TO OPENLY COMMUNICATE TO BE ABLE TO KNOW WHAT THE AVENUES ARE FOR THE CITY TO BE ABLE TO SAY HEY YOU'VE CAUSED THIS PUBLIC SAFETY CONCERN WITH TRAFFIC YOU KNOW GREAT ADVERTISING FOR YOUR EVENT OR WHATEVER IT WAS THAT HAPPENED THAT CAUSED A LARGE NUMBER OF PEOPLE TO IMPEDE TRAFFIC AND THEN GIVES IT THE CITY AN AVENUE FOR UNDERSTANDING HOW TO RESPOND TO IT JOINTLY ACROSS DEPARTMENTS.

SO THIS PROPOSED ORDINANCE WOULDN'T GIVE YOUR DEPARTMENT THE RIGHT TO SHUT DOWN THE EVENT IT WOULD JUST TRIGGER A PHONE CALL TO THE PROPERTY OWNER, I PRESUME, TO SAY, HEY, YOU'RE CAUSING TRAFFIC PROBLEMS, YOU'VE GOT TO COME DOWN AND GET A SPECIAL USE PERMIT.

CORRECT.

AND THEY WOULD HAVE TO PAY A FEE TO GET THAT PERMIT, PRESUMABLY.

YES, THANK YOU FOR THE QUESTION.

WE WOULD TAKE INTO CONSIDERATION THE DATA THAT WE'RE RECEIVING FROM TRANSPORTATION AND PUBLIC WORKS AND THE DALLAS POLICE DEPARTMENT.

WE WOULD REVIEW IF ITEMS SUCH AS CITY APPARATUSES NEEDED TO BE USED IN AN EMERGENCY SITUATION.

WE WOULD HELP WITH THAT WITH THOSE TWO DEPARTMENTS.

IF IT WAS A LONGER-TERM ITEM, MAYBE IT'S GOING TO GO ON FOR A WEEK, WE COULD WORK WITH A PROPERTY OWNER TO SEE IF THEY COULD SECURE SOME OF THOSE TO REDUCE THE NEED FOR THE CITY TO ABSORB THE COST.

SO WE'RE HERE TO WORK WITH THOSE DEPARTMENTS AND THE EVENT ORGANIZER.

COME UP WITH THE MOST SUITABLE SOLUTION IN AN EMERGENCY SITUATION.

SO YOUR PERMIT FEE WOULD VARY ACCORDING TO CONDITIONS OBSERVED AT THE SITE AND WHAT EMERGENCY RESPONSE YOU FEEL IS APPROPRIATE FOR BARRICADING OR TRAFFIC CONTROL.

CORRECT.

EACH SITUATION WOULD BE DIFFERENT, AND WE WOULD TAKE THE INPUT FROM THE TWO SISTER DEPARTMENTS TO SEE WHAT THEY WOULD.

RECOMMEND AS THE IMPLEMENTATION IS IT SIMPLY A COUPLE OF CONES IS IT YOU KNOW A TYPE ONE BARRICADE WE WOULD TAKE THAT INFORMATION ALL TOGETHER PRESENT IT TO THE PROPERTY OWNER AND WE'D BE MAKING DECISIONS SITUATIONALLY BUT THOSE FEES COULD INCLUDE THE COST OF OVERTIME PAY FOR DPD TO DIRECT TRAFFIC IF THE IMPACT WAS TO THAT EXTENT YES DPD COULD MAKE THE RECOMMENDATION THAT THEY WOULD RECOMMEND TO HAVE.

OFF-DUTY OFFICERS ASSIGNED TO THE AREA AT THE EXPENSE OF THE PROPERTY AND AT THAT POINT I PRESUME THAT THE OWNER COULD OPT TO EITHER DISCONTINUE THE DISPLAY AND THEREBY NOT INCUR THE PERMIT COST OR THEY COULD PAY THE COST AND CONTINUE THE EVENT WHAT HAPPENS IF THEY REFUSE TO TO APPLY FOR THE PERMIT OR TO PAY THE PERMIT FEE AND THEY DON'T DISCONTINUE THE EVENT.

SO AT THAT POINT, WE WOULD, AGAIN, WORK WITH OUR SISTER DEPARTMENT, CODE COMPLIANCE AND DPD, TRANSPORTATION PUBLIC WORKS, TO MAKE RECOMMENDATIONS

[01:45:01]

TO ALL DEPARTMENTS TO SEE IF IT HAS RISEN TO THE LEVEL OF NEEDING A SPECIAL EVENT.

IF IT STILL HASN'T AND THEY ARE STILL IMPEDING TRAFFIC, THEN WE WOULD RELY ON OUR SISTER DEPARTMENTS TO THEIR CODES TO SEE WHAT ENFORCEMENT IF ANY IS GOING TO BE NECESSARY THANK YOU THANK YOU SO I MEAN THAT'S ALL THROUGH THE SPECIAL EVENT OFFICE BUT I THINK WHAT I SEE HERE IS THE WORD EMERGENCY AND I THINK THE COMMUNICATION OFTENTIMES IS WITH OUR DALLAS POLICE DEPARTMENT SO I DIDN'T WANT TO LEAVE THIS JUST FRAMED AS SOMEBODY, A NEIGHBOR MIGHT CALL AND MAKE A COMPLAINT THROUGH THE SPECIAL EVENT OFFICE.

I THINK IT'S LOTS OF TIMES IT'S COMING THROUGH DPD.

YOU KNOW, I DON'T KNOW IF WE NEED TO HEAR FROM CHIEF FOY OR IF WE JUST WANT TO GO ON AND MOVE AHEAD ON THIS, BUT I JUST DON'T WANT IT TO LIVE WITH JUST THAT SILO BECAUSE IT'S VERY MUCH.

I MEAN THAT THAT IS THE WORD THAT I WOULD ENCOURAGE EVERYONE TO TAKE AWAY FROM THIS PROPOSED CHANGE IS EMERGENCY.

YES, AND YOU'RE YOU'RE CORRECT.

THE POLICE DEPARTMENT ALSO HAS A SPECIAL EVENTS OFFICE.

AND SO THEY'RE IN CONSTANT AND CONSISTENT COMMUNICATION WITH OUR OFFICE'S SPECIAL EVENTS.

AND SO IF A COMPLAINT IS RECEIVED, THERE'S ALWAYS CROSS COMMUNICATION ON HOW TO RESPOND TO IT.

ALL RIGHT WELL I'D LIKE TO SEE OTHER COUNCIL MEMBERS WHO ARE NOT ON THIS COMMITTEE AND HAVEN'T HAD THE BENEFIT OF THE DISCUSSION I'D LIKE TO SEE THEM BE ABLE TO HAVE THIS CONSIDERED AS WELL I DON'T KNOW IF WE'RE READY FOR A MOTION CHAIR YEAH YEAH AND AND AGAIN I AND WE I INTRODUCED THIS AND THIS IS ONE THAT WAS BROUGHT TO THE COMMITTEE BY FIVE SIGNATURE MEMO WHICH IN THEORY MEANS THAT IT GOES AUTOMATICALLY TO UH COUNCIL BUT I WANTED US TO BRING IT BACK BECAUSE BECAUSE WE DID REVISIT THIS.

BUT I ALSO WANT TO MAKE SURE THAT WE SHOW SUPPORT, AGAIN, FOR THESE ITEMS THAT ARE IMPACTING THE QUALITY OF LIFE IN AND AROUND DALLAS.

SO AT THIS POINT, I WOULD WANT TO TAKE A MOTION.

SURE.

WE MOVE THIS ITEM TO COUNCIL.

SECOND.

MOTION HAS BEEN MADE AND PROPERLY SECOND.

RECORD VOTE, PLEASE.

RECORD VOTE, PLEASE.

AND A RECORD VOTE HAS BEEN CALLED.

SO MOTION IS MADE AND PROPERLY SECOND TO MOVE THIS ITEM FORWARD TO FULL COUNCIL.

ALL THOSE IN FAVOR, I GUESS I NEED TO CALL YOU BY NAME.

I'M JUST GOING TO CALL YOUR NAME BECAUSE I DON'T REMEMBER YOUR NUMBERS.

CHAIR GORDANA? YES.

COUNCIL MEMBER BURRARD? TODAY.

CHAIR RIDLEY? YES.

CHAIR WEST? YES.

MAYOR PRO TEM WILLIS? YES.

AND COUNCIL MEMBER GRACIE IS A YES.

ALL RIGHT, SO THAT'S A UNANIMOUS VOTE TO MOVE THIS ONE FORWARD.

SO THANK YOU ALL FOR YOUR SUPPORT.

AFTER THAT, I KNOW WE'RE RUNNING SHORT ON TIME, SO I'M GOING TO GO THROUGH THESE PRETTY QUICKLY NOW.

I THINK THAT WAS ALL OF THE ITEMS THAT REQUIRED A MOTION TO BE MOVED FORWARD.

SO WE'RE GOING TO COME BACK UP TO B, AND THAT'S THE STAFF UPDATES FOR THE FOLLOWING HOSPITALITY AND NIGHTLIFE TASK FORCE.

THIS IS NOT LISTED ON THE FORECAST, BUT IT WILL BE COMING BACK TO THIS COMMITTEE IN JUNE.

IT WAS AN OVERSIGHT, BUT WE'LL MAKE SURE THAT IS ON THERE.

ANY QUESTIONS ON THAT ONE? ALL RIGHT.

ITEM C, THE STATUS UPDATE ON BOARDS AND COMMISSIONS SUPPORTED BY THE OFFICE OF HOUSING AND COMMUNITY EMPOWERMENT.

I ASK THAT THIS ONE BE BROUGHT.

WE DO A LOT OF WORK.

WE DO A LOT OF DEBATING AT THE HORSESHOE, AND WE HAVE A LOT OF THESE TASK FORCE AND BOARDS AND COMMISSIONS THAT ARE SET UP AND ESTABLISHED TO REALLY SUPPORT A LOT OF THE WORK THAT WE'RE DOING.

SO ONE OF THE THINGS I ASK IS FOR...

THIS TO BE ONE OF THOSE THAT ALIGNS WITH QUALITY OF LIFE.

ALL OF THOSE SUBCOMMITTEES, BOARDS AND COMMISSIONS THAT ALIGN WITH QUALITY OF LIFE.

I KNOW WE CAN'T OVERSTEP, BUT AT LEAST GET THOSE UPDATES TO MAKE SURE THAT THE WORK THEY'RE DOING ALIGNS WITH WHERE WE'RE GOING AND WHAT WE'RE DEBATING AT THIS HORSESHOE.

SO ANY QUESTIONS? YES, SIR.

JUST A COMMENT.

I HAVE A REPRESENTATIVE WHO'S BEEN ON THE COMMISSION WITH DISABILITIES SINCE THE VERY BEGINNING AND I DON'T KNOW WHAT DISTRICTS THE VACANCIES ARE IN, SO I'M NOT TRYING TO CALL ANYBODY OUT, BUT SHE HAS SAID THAT THEY HAVE A REALLY HARD TIME MAKING QUORUM, LIKE ALMOST NEVER DO, BECAUSE THERE'S SO MANY VACANCIES.

SO IF YOU HAVE A VACANCY, TELL ALL MY COLLEAGUES, PLEASE APPOINT.

THERE'S SIX ON HERE ON COMMISSION WITH DISABILITIES RIGHT NOW, SO PLEASE GET THAT APPOINTED.

AND THEN MY OTHER ONE IS JUST ON THE.

I SAW THE COLLEGE ONE, LIKE IT'S STILL NOT STOOD UP.

CAN WE GET A VERY HIGH LEVEL QUICK UPDATE ON WHY THAT'S NOT STOOD UP AND HOW DO WE GET THAT GOING? GOOD MORNING.

[01:50:02]

THOR ERICKSON, DIRECTOR OF HOUSING AND COMMUNITY EMPOWERMENT.

THE COLLEGE ADVISORY COMMISSION IS SET UP TO BE APPOINTED AT DIFFERENT INSTITUTIONS RATHER THAN AT THE COUNCIL DISTRICT.

SOME OF THOSE INSTITUTIONS ARE NOT IN OPERATION ANYMORE SO PART OF OUR MEMO RECOMMENDS A DISCUSSION ON LOOKING AT THE WAY THAT COMMISSION IS SET UP FOR FUTURE ALIGNMENT WITH THE WAY OTHER BOARDS OF COMMISSIONS OPERATE.

OKAY SO IT'S ON WHO'S SUPPOSED TO BE MAKING THOSE APPOINTMENTS? IT WAS BROUGHT TO THIS COMMITTEE HERE FOR INITIAL DISCUSSION AND DIRECTION.

IF YOU WANT US TO LOOK AT THAT MORE CLOSELY.

WELL, AS OF RIGHT NOW, WHO'S MAKING APPOINTMENTS? THE COLLEGES.

COLLEGES ARE MAKING THE APPOINTMENTS? CORRECT.

DO WE HAVE A CONTACT PERSON IN ALL THE COLLEGES? NOT ALL.

SOME OF THEM ARE NOT IN OPERATION, BUT WE DO HAVE SOME CONTACT INFORMATION FOR PEOPLE THAT ARE AWARE OF THIS COMMISSION.

OKAY.

I GUESS I NEED TO, LIKE, READ.

THE DOCUMENT THAT ORGANIZES THIS GROUP, SO MAYBE CAN WE BRING THAT BACK? IT'S ATTACHED TO THE ITEM AS WELL.

OH, IT IS? YES.

OKAY.

ALL RIGHT.

WELL, I'LL BE MORE PREPARED ON THAT NEXT TIME.

THANK YOU.

AND WE CAN BRING THAT BACK TO YOUR POINT THERE TO REVISIT THAT ONE AS WELL.

MAYBE SOME MORE SUGGESTIONS ON HOW WE CAN SUPPORT THAT.

THANK YOU.

DEPUTY MARK PATEL, WILLIS.

WELL, I WOULD GO ONE FURTHER AND SAY THAT I WOULD MOVE TO DISSOLVE THIS GROUP.

YEAH, THE COLLEGE ADVISORY COMMISSION CODE.

I THINK THE REASON WE'RE NOT GETTING APPOINTEES FROM THE COLLEGES IS BECAUSE THIS IS ABOUT STUDENT, COLLEGE STUDENT EXPERIENCE IN DALLAS AND SUPPORTING STUDENT SUCCESS.

I THINK THEY'RE SO BUSY DOING THAT, THAT IT'S HARD TO FIND SOMEONE, A DESIGNEE.

AND SO, YOU KNOW, IT'S NOT A COUNCIL APPOINTMENT.

I MEAN, I THINK WE ALL WORK TO FILL THOSE SEATS, BUT I LOOKED AT THE LONG LIST.

I MEAN, IT JUST, I REMEMBER WHEN THIS CAME ABOUT AND I THOUGHT, IT SOUNDS LIKE A GREAT CONCEPT.

I JUST DON'T SEE HOW IT'S GOING TO WORK.

AND HERE WE ARE, WHAT, A YEAR, TWO YEARS LATER? IT'S NOT WORKING, AND STAFF IS SPENDING TIME ON IT, AND WE'VE GOT IT ON OUR AGENDA, AND WE'VE GOT OTHER THINGS TO DO.

AND IT'S CERTAINLY NOT THAT WE DON'T HAVE A VIBRANT COLLEGE COMMUNITY.

I THINK THEY'RE DOING THEIR OWN THING, AND I THINK THAT WE OFFER OTHER WAYS THAT A STUDENT CAN ENGAGE WITH THEIR CITY.

SO I DON'T KNOW IF THIS WAS TOO PRELIMINARY.

IF ANYONE WANTS TO SUPPORT A MOTION TO DISSOLVE THAT COMMISSION? I WOULD SUPPORT SUCH A MOTION.

ALL RIGHT, A MOTION HAS BEEN MADE, AND DO WE HAVE A SECOND? I GUESS YOU MADE THE MOTION.

COULD YOU CLARIFY THE MOTION? I MOVE THAT WE...

I'M SORRY, WE MAY HAVE SOME...

YEAH, THIS IS ONLY A BRIEFING ITEM OUT OF ACTION.

SO WE'LL BRING IT BACK.

SO BACK TO THE POINT, WE'LL BRING IT BACK TO THIS BODY.

CHAIR, COULD I ASK A QUESTION? YES.

I'M A LITTLE BIT CONFUSED.

ARE WE ONLY TALKING ABOUT WHETHER WE WANT TO SUNSET THE COLLEGE ADVISORY COMMISSION? OR IT'S NOT RELATED TO ANY OF THE OTHER COMMISSIONS THAT ARE ATTACHED HERE TO THE THE VETERANS OR THE SENIORS OR THE CITIZENS HOMELESS NO I'LL LET UH DEPUTY MAYOR PRO TEM WILLIS CLARIFY BUT IT'S MY UNDERSTANDING IT'S JUST THE COLLEGE AND THEN AND AND I GUESS THE OTHER CLARIFICATION I'D LIKE TO JUST THE HISTORY OF IT, AND YOU ALL HAVE THE HISTORY, IS IN VIEW OF THE FACT THAT DALLAS DOES HAVE SOME NEW INSTITUTIONAL COLLEGES IN THE CITY PROPER.

THEY HAVE A LAW SCHOOL.

THEY HAVE NOW MEDICAL.

THEY HAVE SOME.

I'M SORRY? THEY HAVE NURSING SCHOOL, THEY HAVE THE THE BIG DALLAS COMMUNITY COLLEGE IS A BIG, BIG INSTITUTION.

I THINK THESE ARE REAL STAKEHOLDERS THAT I THINK HAVE INFLUENCE AND HAVE ABILITY TO BE BENEFICIAL IF WE WOULD CONSTITUTE A COMMISSION THAT WOULD GIVE US INPUT INTO POLICIES AND STUFF.

SO I'D LIKE THE STAFF TO...

TO CONSIDER NOT JUST SUNSETTING IT BUT MAYBE TRYING TO CREATE A DIFFERENT PROGRAM OR A DIFFERENT PLAN TO SEE IF THERE'S A VIABLE ASSET HERE THAT WE CAN TAKE ADVANTAGE OF AND THAT THERE'S VALUE TO IT IF THERE'S NO VALUE TO IT IF IT'S NOT PRODUCING ANYTHING AND THERE'S NO OPPORTUNITY FOR IT TO I UNDERSTAND THAT BUT I'M NOT SURE THAT THAT WE MAY THIS MAY BE A RESOURCE FOR COMMUNITY INVOLVEMENT AND FOR FOR THE GROWTH OF THE CITY AND THE DOWNTOWN TO TO REALLY BE SOMETHING WE SHOULD BE CONSIDERING KEEPING IN SOME DIFFERENT FASHION PERHAPS AND AGAIN I JUST DON'T KNOW ENOUGH ABOUT IT FAIR ENOUGH SO I THINK WE'LL LOOK IN STICKING WITH THAT WE'LL BRING IT BACK TO THIS COMMITTEE FOR A BRIEFING YES WE'LL BE HAPPY TO BRING IT BACK THANK YOU ALL RIGHT THANK YOU ANY OTHER QUESTIONS AND SHOUT OUT TO MY IS IT LOOK SHE'S LOOKING AT ME MY DISTRICT THREE ADVISORY A COMMISSION THERE AND APPOINTEE FOR DISABILITIES CANDACE WICKS ALWAYS PRESENT I

[01:55:01]

JUST HAVE A COMMENT.

SO I KNOW SINCE WE MOVED OUR ELECTIONS OVER TO NOVEMBER, I JUST WANT TO ALSO MENTION THAT THE AUGUST DATE IS NO LONGER ALIGNED.

AND SO THAT MIGHT BE SOMETHING FOR THE COMMISSION TO CONSIDER DOWN THE, YOU KNOW, WHENEVER WE'RE ABLE TO DO THAT, WHICH I THINK WE HAVE TO WAIT TWO YEARS.

BUT I DO WANT TO MENTION THAT.

AND AGAIN, THANK YOU.

AND AGAIN, THANK YOU FOR THIS THIS BRIEFING.

WE HAVE A LOT OF THESE DISCUSSIONS AND AGAIN I JUST DON'T WANT US TO OVERLOOK SOME OF THE RESOURCES THAT WE HAVE THAT CAN HELP US MOVE SOME OF THESE ALONG.

AGAIN WE HAVE COMMISSIONER WICKS HERE BUT THEY ARE IN THE STREETS THEY ARE ACTIVE AND TYPICALLY WHEN THEY ARE FOR THOSE THAT HAVE BEEN APPOINTED THEY ARE ACTIVE AND HELPING US MOVE THESE AGENDAS ALONG SO IF YOU HAVE NOT APPOINTED SOMEONE TO YOUR BOARD OF COMMISSION PLEASE MAKE THAT A PRIORITY AS MUCH AS AS WE MAKE THESE DISCUSSIONS AT THE HORSESHOE A PRIORITY.

ALL RIGHT.

THANK YOU.

WE ARE ON ITEM D, ACTUALLY.

UPDATE ON PROCUREMENTS AUTHORIZED BY ADMINISTRATIVE ACTION.

ANY QUESTIONS ON THAT ONE? I DO.

YES, MA'AM.

SO I NOTICED THAT YOU'VE GOT FOUR AGENCIES OUTLINED IN YOUR MEMO, AND WE'RE AWARDING TO THE TOP THREE OF THOSE.

AND SO WHAT? WHAT DO WE DRAW THE LINE BASED ON? WE DREW THE LINE BASED ON THE AMOUNT OF MONEY ALLOCATED AND CDBG FUNDING FOR THIS AT $300,000.

THE PROPOSALS ALL CAME IN AT $100,000.

THEY WERE THE TOP THREE SCORERS, SO WE APPROVED THE CONTRACTS FOR THE TOP THREE OF FOUR APPLICANTS.

SO IF THERE HAD BEEN MORE MONEY, THAT FOURTH AGENCY WOULD HAVE BEEN INCLUDED? MAYBE NOT.

THEIR SCORING IS FAIRLY LOWER.

ON THIS ONE COMPARED TO OTHER APPLICANTS MORE MONEY MAY HAVE LOOKED AT OTHER WAYS TO ALIGN SERVICES OR MORE AWARDEES TO THE TOP APPLICANTS THANK YOU ANY OTHER QUESTIONS ALL RIGHT MOVING ALONG TO ITEM G IT'S THE COUNCIL AGENDA ITEM 26-40 TO 7A AGREEMENT TO LONE STAR JUSTICE ALLIANCE FOR THE ADMINISTER THE YOUTH SAFETY THIS IS OUR COMMUNITY VIOLENCE INTERRUPTER, VERY EXCITED TO SEE THIS ONE FINALLY HERE.

ANY QUESTIONS ON THAT ONE? YES, MA'AM.

MS. CADENA.

SO I ACTUALLY HAD THE OPPORTUNITY TO GO TO DEEP ELLUM THIS WEEKEND, AND SO I NOTICED THAT IT HAD SOME AREAS THAT THEY FOCUSED ON AND WAS WONDERING IF WE COULD ADD DEEP ELLUM TO THIS AREA AS WELL.

I BELIEVE THAT AREA HAS A MATCHING GRANT.

AND COULD SEE SOME BENEFITS TO THIS AND MIGHT BE ABLE TO HELP DPD AS WELL.

THANK YOU FOR THE QUESTION.

AT THIS TIME IT'S AN OPEN PROCUREMENT, SO IT'S BASED ON THE PROPOSALS RECEIVED.

THE AWARDEE IS NOT LIMITED TO JUST THE LOCATIONS.

THEY ARE OUR PRIORITY AREAS.

BUT THROUGH CONVERSATIONS AND CONNECTIONS WITH OTHER ORGANIZATIONS, WE'LL BE ENSURED TO PUT THEM IN CONTACT SO THAT WE CAN LOOK AT EXPANDING PARTNERSHIP OPPORTUNITIES AND GROWING THE WORK.

THANK YOU.

ANY OTHER QUESTIONS? ALL RIGHT, WE ARE MOVING ALONG TO, WE ARE NOW ON ITEM H, I BELIEVE, ACCEPTANCE OF HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS AHOPWA COMPETITIVE GRANT.

ANY QUESTIONS ON THAT ITEM? ITEM I, COMMUNITY ARTIST PROGRAM GUIDELINES.

ITEM J, ARTS ACTIVATE 2027 PROGRAM GUIDELINES CHAIR, I'LL JUST SAY REGARDING THE LAST TWO MEMOS, WE KNOW WE'RE IN A TOUGH BUDGET SITUATION AND WE KNOW THAT IT'S GOING TO BE TOUGH GOING FORWARD, BUT THE ARTS CONTRIBUTE SO MUCH TO OUR ECONOMY.

AND SO I JUST WANT TO ACKNOWLEDGE ON THESE ITEMS THAT THE IMPORTANCE OF THEM AND THAT SOME OF THESE COMMUNITY OR SOME OF THESE PROGRAMS ARE REALLY CRITICAL FOR NODDING ALSO TO OUR PHILANTHROPIC COMMUNITY THAT WE LEAN SO HARD ON.

AND THAT THE CITY'S GOT TO GIVE AS WELL TO GET AND REAP THOSE REWARDS.

THANK YOU FOR THE OPPORTUNITY.

THANK YOU FOR SLOWING US DOWN TO SAY THAT.

I APPRECIATE THOSE SENTIMENTS, 100%.

WE ARE NOW ON ITEM K, I BELIEVE.

YES, ITEM K, A RESOLUTION TO APPROVE DISABILITY PRIDE FLAG TO COMMEMORATE 36TH ANNIVERSARY OF THE AMERICANS WITH DISABILITIES ACT.

DO WE HAVE ANY QUESTIONS? YES, MS. CADENA.

SO I HAVE SOME QUESTIONS JUST BECAUSE I HELPED WITH THE LGBT FLAG AND SO KNOW THAT THERE'S SOME COSTS ASSOCIATED WITH THIS.

SO HAVE WE IDENTIFIED FUNDS FOR THE FLAG THAT WILL FLY AND

[02:00:02]

THEN? IS THIS A REQUEST FOR EVERY YEAR YEAH THANK YOU FOR THE QUESTION THE RESOLUTION IN FRONT OF YOU IS TO APPROVE FLAG TO BE FLOWN AT ONE LOCATION AT THE PLAZA RATHER THAN THE FULL 18 CITY LOCATIONS THE FUNDING WOULD BE THROUGH THE OFFICE OF HOUSING COMMUNITY EMPOWERMENT'S GENERAL FUND TO BE LESS THAN SIX THOUSAND DOLLARS FOR THE INITIAL FLAG THE PROGRAM WILL CONTINUE TO BE UNDER EVALUATION FOR HOW DO WE SUPPORT THIS LIKE TO ACKNOWLEDGE CHAIR CAN CALL CANCUN E COMMISSIONER PARKS COMMISSIONER COLLIER COMMISSIONER WICKS AND COMMISSIONER GLASSCOCK FOR ALSO BEING IN ATTENDANCE TODAY SUPPORTING THIS ITEM AS IT'S COME THROUGH THE COMMISSION ON DISABILITIES AND SO I BELIEVE THE RESOLUTION REQUIRED OR I GUESS OUR POLICY REQUIRES IT TO BE FLOWN AT SEVERAL LOCATIONS SO WILL WE HAVE TO AMEND THAT OR WHAT DOES THAT LOOK LIKE YEAH YOU DON'T HAVE TO AMEND IT THE WAY WE DRAFTED THE RESOLUTION IS SPECIFIC TO BE FLOWN AT CITY HALL PLAZA LOCATION FOR THE DURATION OF JULY 15TH THROUGH THE 31ST OF THIS YEAR IN CELEBRATION OF THE 36 YEAR ANNIVERSARY OF THE DISABILITY ACT, OKAY, I YOU KNOW, I DO MENTION THIS WHICH I'M SUPPORTIVE DEFINITELY, BUT I KNOW AT LEAST FROM THE PRIDE FLAG WE HAVE TO REPLACE IT EVERY TWO YEARS THAT'S TYPICALLY THE LIFESPAN OF THE FLAG AND IT IT CAN COST ANYWHERE FROM YOU KNOW TWO TO THREE THOUSAND DOLLARS TO REPLACE IT SO I THINK IT'S IMPORTANT TO FIND YOU KNOW WHERE THOSE FUNDS WILL COME FROM IN ORDER TO YOU KNOW IF WE WANT TO CONTINUE THIS SO THAT IS MY ONE WORD OF CAUTION.

I KNOW WE DIDN'T KNOW THAT WHEN WHENEVER THE LGBT FLAG WAS ORIGINALLY PASSED BUT THERE IS A SUBSTANTIAL COST TO IT AS WELL.

SO THANK YOU THANK YOU.

UH CUSTOMER BRAH THAT WAS ACTUALLY MY SAME QUESTION, NOT JUST REGARDING THIS PARTICULAR FLAG, BUT ANY FLAGS THAT ARE BEING PROMOTED FOR THE CITY AND FOR ANY PARTICULAR DEAL.

AND AGAIN, THIS IS ALL ABOUT DOLLARS.

IT'S NOT ABOUT THE RELEVANCE OF THE FLAG OR THE ISSUE THAT WE'RE TRYING TO PROMOTE.

AND IT WOULD SEEM TO ME THAT THIS KIND OF AN ACQUISITION, EVEN THOUGH IT'S A RELATIVELY SMALL...

AMOUNT RELATIVE TO OUR OVERALL BUDGET IT'S STILL REAL MONEY AND I WOULD THINK THAT IF THAT WE WOULD THAT WE SHOULD TRY TO ENCOURAGE OR TRY TO FIND OUTSIDE PHILANTHROPIES OUTSIDE STAKEHOLDERS PERHAPS SPECIAL INTEREST GROUPS THAT WOULD HAVE THE ABILITY TO FUND THIS TYPE OF A THING RATHER THAN PUTTING IT ON THE CITY TO HAVE AN OBLIGATION TO BE DOING THAT NOT JUST FOR THIS PARTICULAR BUT BUT AS A...

GUIDELINE FOR FOR OTHER SITUATIONS WHERE WE'RE DOING THIS DO WE HAVE TO TIE THESE TWO THINGS TO THE ACQUISITION OF THE FLAG AS WELL AS THE DISPLAY OR CAN THEY BE SEPARATED THANK YOU FOR THE QUESTION AND THANK YOU FOR THE SENTIMENT PART OF OUR APPROACH IS LOOKING AT PARTNER ORGANIZATIONS FOR THE NEXT YEAR TO SUPPORT SOME INITIATIVES THAT THE CITY DOES THROUGH OUR MERGE DEPARTMENT OF HOUSING COMMUNITY EMPOWERMENT SO WE'RE COMPLETELY IN LINE WITH THAT BECAUSE JULY IS DISABILITY AWARENESS MONTH.

AND BECAUSE THIS HAS COME THROUGH THE COMMISSION ON DISABILITIES FOR THE LAST COUPLE YEARS, WE POSITIONED BOTH THE PURCHASE OF THE FLAG AND THE COMMEMORATION OF THE 36TH ANNIVERSARY TOGETHER TO CELEBRATE IN JULY THIS YEAR.

AND THAT IS THE COUNCIL ITEM THAT YOU'LL BE CONSIDERING COMING UP IN JUNE.

I'M TALKING ABOUT THE COST.

I UNDERSTAND.

RIGHT NOW THEY'RE PAIRED TOGETHER TO BOTH BUY THE FLAG AND RAISE IT TOGETHER IN JUNE.

DO YOU HAVE ANY OPPORTUNITY TO FUND THIS SOMEPLACE ELSE? NOT CURRENTLY, BUT THROUGH THIS CONVERSATION.

HOPEFULLY THIS STARTS TO SPUR SOME OF THOSE CONVERSATIONS AND WE CAN SEEK ADDITIONAL SOURCES OVER THE NEXT MONTH.

THANK YOU.

CHAIR WHITLEY.

WELL, I CONCUR WITH COUNCILMAN ROTH.

I DON'T THINK THIS SHOULD BE A GENERAL FUND EXPENSE.

AND WHAT YOU MIGHT WANT TO DO IS GO BACK TO THE DISABILITIES COMMISSION AND ASK THEM TO RAISE THE FUNDS TO PURCHASE THE FLAG.

ANY QUESTIONS? YES, MA'AM.

THANK YOU.

WELL, I DIFFER ON THIS.

I THINK THIS IS HIGHLY RELEVANT.

AND I BELIEVE THAT THIS IS A PLACE WHERE OUR CITY SHOULD SPEND.

PRETTY MINUSCULE FUNDS COMPARATIVELY TO SOME OTHER ITEMS THAT WE SPEND ON.

THIS IS TO RECOGNIZE THOSE WHO ARE VERY MUCH RESIDENTS OF OUR COMMUNITY AND LIVE THEIR LIVES IN THIS COMMUNITY WHO HAVE BEEN UNDERREPRESENTED, HAVE BEEN UNDERSERVED, HAD TO HAVE LAW TO JUST GIVE ACCESS TO SPACES THAT MANY OF US JUST ENJOY WITHOUT GIVING

[02:05:02]

IT A SECOND THOUGHT.

AND I WANT TO CALL OUT SOME OF THE ASPECTS OF WHAT THE FLAG REPRESENTS.

PHYSICAL DISABILITIES, NEURODIVERSITY, INVISIBLE DISABILITIES, EMOTIONAL AND PSYCHIATRIC DISABILITIES, AND SENSORY DISABILITIES.

MANY THINGS THAT ARE NO FAULT OF A HUMAN, BUT THAT THEY LIVE WITH AND HAVE TO LIVE IN THIS WORLD AND ARE EXPECTED TO FOLLOW A YARDSTICK SET BY OTHERS.

AND SO WHILE I AGREE WITH YOU WHOLEHEARTEDLY, ON WATCHING EVERY PENNY.

I THINK IN THIS CASE THIS IS A TREMENDOUS GESTURE THAT SHOULD BE MADE BY A LEADERSHIP CITY AND ALSO IN TIME FOR FIFA.

I LOVED THAT ASPECT OF THIS TO SEE THAT DALLAS IS GOING TO MAKE AN IMPRESSION THAT MIGHT OVERCOME SOME OF THE IMPRESSIONS THAT PEOPLE FRANKLY MIGHT COME TO OUR CITY AND OUR STATE UNDER ONE SCHOOL OF THOUGHT AND I LOVE THE OPPORTUNITY TO GIVE THEM THIS KIND OF REPRESENTATION.

FOR THESE RESIDENTS OF OUR CITY SO I'M IN FULL SUPPORT THANK YOU ANY OTHER QUESTIONS OR COMMENTS ALL RIGHT THANK YOU UM TWO MORE ITEMS ONE MORE UM UPCOMING AGENDA ITEM HB 2127 OMNIBUS ORDINANCE THERE ANY QUESTIONS ON THAT ONE ITEM L YES SIR CHAIR ROCK YES THANK YOU CHAIR UH CAN SOMEONE ON STAFF GIVE US AN INDICATION OF WHAT COMPLIANCE WITH THE DEATH STAR BILL WILL ACTUALLY IMPLY IN TERMS OF ABANDONING ORDINANCES? YES, CASEY BURGESS, CITY ATTORNEY'S OFFICE.

CASEY BURGESS WITH THE CITY ATTORNEY'S OFFICE.

SO AS THE COMMITTEE IS AWARE, WE WERE SUED LAST YEAR BY THE TEXAS PUBLIC POLICY FOUNDATION.

THEY GAVE US A LIST OF, I BELIEVE IT WAS 120 PLUS WITNESSES THAT THEY ALLEGED WERE IN VIOLATION OF HB 2127.

WE WENT THROUGH THAT LIST AND THERE WERE JUST A HANDFUL THAT, BASED ON OUR RESEARCH, THAT WE AGREED WITH THEM ON SO IT WAS REALLY JUST FOUR THINGS I CAN GO THROUGH THOSE REALLY QUICK OKAY SEE AS I UNDERSTAND IT MOST OF THE 120 ORDINANCES THEY COMPLAINED OF WERE NO LONGER RELEVANT TO THE MODERN FUNCTIONING OF CITY GOVERNMENT IS THAT CORRECT WELL MOST OF THE THINGS THAT THEY COMPLAINED OUT ABOUT WERE THINGS THAT WERE ACTUALLY AUTHORIZED SPECIFICALLY SOMEWHERE IN STATE LAW OR THEY WERE THINGS THAT WEREN'T COVERED BY HB 2127 OH OKAY SO SO EXCEPTIONS.

TO THE ACT CORRECT SO YEAH THE THINGS THAT THAT WE'RE BRINGING FORWARD ARE JUST UH REALLY JUST FOUR THINGS HERE ONE HAS TO DO WITH COIN OPERATING DEVICES SO THINK ABOUT LIKE VIDEO ARCADES THOSE ARE A BIG THING BACK IN THE 1980S WHEN I WAS A KID WE HAVE A CHAPTER IN THE CODE THAT REGULATES THOSE THOSE ARE ALSO REGULATED BY THE STATE UNDER THE TEXAS OCCUPATIONS CODE SO THAT'S ONE THING WE'RE CLEANING UP IN THERE THERE WERE A NUMBER OF AMENDMENTS TO THE AGRICULTURAL CODE OVER THE LAST COUPLE OF LEGISLATIVE SESSIONS THAT SEVERELY LIMITED THE CITY'S ABILITY TO REGULATE AGRICULTURAL OPERATIONS.

WE DO HAVE A PROVISION IN THE CODE ON KEEPING ROOSTERS SO THAT'S ONE THAT WILL BE TAKEN OUT AS A PART OF THIS BECAUSE THE DEFINITION IS SO BROAD THAT IT INCLUDES RAISING AND KEEPING POULTRY AND A ROOSTER IS POULTRY SO THAT'S ONE OF THE THINGS.

HAD A THING IN HERE ABOUT PROPERTY THAT'S LEFT AT A PARK AND THE WAY THAT THERE'S SOME OLD LANGUAGE IN THE CODE THAT IT TALKED ABOUT THE PROPERTY BEING ABANDONED AND HOW THE PARKS DEPARTMENT WOULD DEAL WITH THAT PROPERTY.

UNDER THE TEXAS PROPERTY CODE, THERE'S SOME SPECIFIC HOOPS YOU GOT TO JUMP THROUGH FOR ABANDONED PROPERTY.

SO WE'RE JUST AMENDING THAT TO SAY THAT IT'S IF YOU LEAVE IT THERE, WE'RE JUST GOING TO CONSIDER IT LITTER AND DISPOSE OF IT AS SUCH.

WE'VE GOT OTHER PROVISIONS OF THE CODE.

THAT ADDRESS THINGS THAT WAY.

AND THEN JUST THE LAST ISSUE DEALS WITH OUR HOME REPAIR LICENSE.

UNDER STATE LAW IF YOU'VE GOT A LICENSE THAT SAY LIKE A PLUMBER OR AN ELECTRICIAN OR AN HVAC PROFESSIONAL, TYPICALLY YOU DON'T HAVE TO GET A SECOND LICENSE OR REGISTRATION FROM THE CITY.

SO WE JUST MADE THAT REALLY CLEAR IN THERE FOR THE HOME REPAIR PEOPLE, YOU DON'T HAVE TO GET A SEPARATE HOME REPAIR LICENSE.

THAT IF YOU SHOW US YOU GOT THAT PAPERWORK, YOU'RE GOOD.

SO IF YOU'RE LICENSED BY THE STATE TO PERFORM YOUR TRADE, YOU DON'T ALSO HAVE TO BE LICENSED BY THE STATE? CORRECT. OKAY. SO IT SOUNDS TO ME LIKE NONE OF THOSE REALLY SIGNIFICANTLY CHANGE OUR REGULATION. I'LL SAY PRETTY

[02:10:02]

STRAIGHTFORWARD. WE CIRCULATED THAT STUFF TO ALL THE DEPARTMENTS. NOBODY REALLY HAD ANY HARD WORK WITH MOVING FORWARD WITH ANY OF THESE. THANK YOU, CASEY.

YES, SIR. TO JUST FOLLOW UP WITH COUNCILMAN RIDLEY'S COMMENT, I'M REAL CONCERNED ABOUT, IN A GENERAL SENSE, OF THE STATE TAKING AWAY MUNICIPAL AUTHORITIES AND OUR ABILITY TO REGULATE OUR BUSINESSES HERE AND OUR... AND OUR ENCOURAGEMENT AND OUR ABILITY TO MAKE DECISIONS HERE, AND TO THE EXTENT THAT THERE'S INNOCUOUS CHANGES TO THESE ORDINANCES, I GET IT.

BUT SOMEBODY NEEDS TO BE PAYING ATTENTION ON OUR STAFF SIDE OF IDENTIFYING THINGS THAT WOULD BE IMPACTFUL FOR A LOSS OF OUR HOME RULE ABILITIES, OUR LOSS OF OUR MUNICIPAL MANAGEMENT. OF OUR BUSINESSES AND OUR CITIZENS, ETC. SO THIS DEATH STAR BILL IS A BIG DEAL, AND I UNDERSTAND COMPLYING WITH IT, BUT I ALSO WANT TO MAKE SURE THAT WE'RE ATTENTIVE TO IT AND THAT WE'RE NOT BEING TAKEN ADVANTAGE OF AS A CITY, NUMBER ONE. AND NUMBER TWO, THAT OUR LEGISLATIVE TEAM IS FOCUSING ON THIS FOR THE NEXT SESSION TO MAKE SURE THAT THERE'S ADDITIONAL CONTROLS AND PROTECTIONS. SO THAT WE'RE NOT TAKING ADVANTAGE UH... OF OF UH... OF THIS TYPE OF A LEGISLATION UH... TO OUR DETRIMENT AS A CITY THANK YOU THANK YOU ANYMORE COMMENTS RIGHT LAST ITEM ITEM IMMINENT IS THE FORECAST AS NOTED UH... WE WILL BE BRINGING BACK THE NIGHT TIME UH... ECONOMY TASK FORCE UPDATE BRIEFING IN JUNE AND THEY WERE AT THE COLLEGE UH... ADVISORY COMMISSION FOR A BRIEFING TO COME UP YES MA'AM THANK YOU WE HAD ALSO TALKED ABOUT HAVING OUR SENIOR STRATEGIC PLAN PRESENTED OH THAT WAS GOING TO BE A FULL COUNCIL BRIEFING RIGHT I THINK SO BUT THAT WILL BE OKAY ALL RIGHT THANK YOU JUST WANTED TO BE SURE WE WERE ADDRESSING IT THANK YOU ALL RIGHT AND WITH THAT IT IS 11:22 AND WE'RE GOING TO CALL THIS MEETING TO CLOSE DO I HAVE A MOTION SO MOVED THOSE WHO HAVE MADE PROPER STATEMENT, ALL IN FAVOR, SAY AYE. AYE.

* This transcript was compiled from uncorrected Closed Captioning.