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[0:00]
meeting to order if you will stand with
me and say the pledge of legion
[0:08]
i pledge allegiance to the flag of the
united states of america
[0:13]
and from the republic for which it
stands one nation
[0:17]
under god indivisible with liberty and
justice
[0:24]
okay and i'll go ahead and give the
invocation
[0:27]
our heavenly father we are so thankful
for this time that we have together we
[0:31]
thank you for allowing us to take
a moment during this busy holiday season
[0:34]
to be able to conduct business of the
city
[0:37]
please help guide and direct our
discussions so that they fall into the
[0:40]
will that you have prepared
for our lives and the lives of the
[0:43]
people in our community
amen thank you
[0:49]
all right uh citizens to be heard
[0:56]
all right seeing as how i don't believe
there is anyone who has anything to say
[1:00]
we'll go ahead and move on to
chapter 13 streets and sidewalks
[1:08]
so we'll go ahead and start with article
one sidewalk so page
[1:12]
i guess 13-1
[1:16]
all right did anyone have any thing on
this section that they would like to
[1:20]
discuss
or any corrections i guess in 13-10
[1:27]
uh that rate of one inch
to four feet that is an ada compliant
[1:33]
number
[1:37]
yes i believe that uh it's two percent
grade
[1:40]
i believe one to four is the appropriate
uh the appropriate grade i can
[1:48]
verify with garrett to make sure but
i know so it's a two percent grade it's
[1:56]
all very powerful
[2:06]
okay
okay were there any other comments over
[2:11]
this page
[2:17]
i didn't have any okay
you know to the uh best of your
[2:23]
knowledge
if all of this is still accurate
[2:27]
i mean um yeah i guess if it's accurate
if this is how
[2:31]
things are conducted
yes okay and we
[2:40]
i don't believe this particular section
um references our sidewalk program that
[2:47]
we have
but uh that'd be the only other thing
[2:53]
that's more of a
[2:56]
policy decision based on budgetary
funding uh more
[3:00]
than it is uh but then i'd recommend
being law
[3:03]
so i think that's why i leave that out
thank you okay so go ahead and turn the
[3:09]
page to 13-2 there is not
much here and i did not have anything
[3:14]
changing this did you all have anything
on this page i did not
[3:18]
i did not okay so go ahead and move on
through
[3:22]
that three or four two remote removal of
snow and
[3:25]
or ice
[3:30]
i didn't have any marked on this page
[3:34]
yeah i didn't either chris do you know
uh the ksa that it references if it's
[3:38]
supposed to have the e at the end of
that there
[3:41]
or um
i didn't know if the e was supposed to
[3:46]
be bracketed or if
it's even supposed to be there
[3:52]
i am not entirely sure so i will
check and verify that that is the
[3:58]
correct normally
uh those will be bracketed but i'll i'll
[4:03]
check into that and
[4:06]
okay sounds good
was there anything else or oh
[4:16]
commissioner cole do you have anything
for this page oh sorry what chris
[4:20]
uh i was just gonna say the the last
section there
[4:24]
a removal uh of these
of snow and ice
[4:31]
so this is one particular section
that similarly we have rarely enforced
[4:38]
um it's something that
i think does make a lot of sense in some
[4:44]
aspects especially in downtown districts
and areas that are
[4:47]
heavily traveled uh if we if you know we
were to have
[4:52]
you know sidewalks heading to all the
way to the high school all the way to
[4:55]
the elementary school
that were heavily utilized for
[4:57]
pedestrian traffic
and they weren't cleared of snow we
[5:03]
could have kids walking on the street
etc currently we don't have a ton of
[5:08]
that
but it is something that according to
[5:12]
city code we should be enforcing and
one of those things that as we've
[5:18]
discussed
discussed on some other things in the
[5:20]
past would you prefer
us to start enforcing it more strictly
[5:25]
to be in compliance with code or would
you prefer to remove it
[5:29]
i would like to one way or the other
either strike it
[5:33]
or start forcing it because i don't like
having things in the book that we don't
[5:37]
enforce
but it's been one of those things that's
[5:41]
do we really go after somebody to
you know remove their snow this
[5:50]
instance
[5:54]
i mean i would i would agree i think
that if it's going to remain in here
[5:57]
that it's something that would need to
be used i kind of wonder though if i
[6:02]
mean before it's actually
removed by the city i'm assuming that
[6:05]
there would be a notice given to the
[Music]
[6:08]
individual at the house correct
[6:14]
well and if it was something to where
um enforcement action
[6:22]
to where we need to go and take care of
it
[6:28]
there is no notice provision in here
given
[6:33]
more than likely what we would attempt
to do uh
[6:36]
you know we haven't really done this
before but we couldn't give 10 days
[6:40]
notice like we do for weeds because the
snow is going to be gone
[6:42]
and all eventuality for uh
by that time frame but if it's not
[6:49]
taken care of within the appropriate
time frame then we would probably
[6:52]
try to place place a door hanger
something to that effect and give
[6:57]
24 hours or something along those lines
and then we would come in and take care
[7:00]
of it
um you know if we wanted to to
[7:05]
do that my suggestion would be that we
probably add that type of
[7:08]
language to the code to say what that
term that period of notice is going to
[7:14]
uh is going to be um and certainly
that's something i can you know touch
[7:18]
base with terry on to try to
figure out you know what he might think
[7:22]
would be
um how to word that but
[7:26]
i i think the key is you know as it says
you know
[7:29]
the first section the owner or occupant
of any lots
[7:32]
a budding any public sidewalk which all
sidewalks are are public unless they are
[7:37]
you know going right up to your door uh
if they're going
[7:41]
you know parallel to the street then
it's a public sidewalk and so
[7:45]
that particular sidewalk should be
clear of snow or ice within
[7:52]
six hours from the time of the snowfall
or ice storm
[7:55]
according to this code and
again you know it's just six hours um
[8:02]
you know that's that can be tough to
i mean we certainly can exercise
[8:08]
discretion um
but you know if this if the sn if it
[8:12]
stops snowing at 2 a.m
uh there's going to be a lot of people
[8:15]
who frankly don't have time
do not get up at 6 a.m to go shovel
[8:20]
their sidewalks
so that way kids can walk to school on
[8:23]
their sidewalks
but they'd be in violation of code if
[8:26]
they don't because
they wouldn't have it shoveled before
[8:29]
they got home from work
you know within you know before school
[8:32]
started and should we take care of it
should we issue them a ticket
[8:36]
i would i would say we probably give a
little bit more time than that
[8:40]
um for them to take care of their own
sidewalk uh
[8:43]
you know kids may have to trek through
through snow for a little while uh
[8:47]
unfortunately but i think we need to
give some reasonable time frame at least
[8:52]
that was my question was the six hours
being able to get it completed in six
[8:57]
hours because as you said a lot of
people still go to work
[9:00]
if there's a few inches of snow on the
sidewalk
[9:04]
and if you leave if you leave your home
at 5am you're not going to be out there
[9:10]
shoveling it before you leave
[9:17]
yeah i agree i also think it's important
to define
[9:22]
public sidewalk in this section as well
so that everyone knows
[9:26]
who it applies to and which sidewalks
they are to be paying attention to to
[9:34]
clear
okay so if we use bridget's house
[9:40]
and that would mean the sidewalk that
runs in front of your house
[9:45]
right into the side probably on elm yeah
on the east side right
[9:49]
yeah that's what i mean i i think if you
were somebody getting up and going to
[9:52]
work in the city or just going to work
here
[9:55]
i don't know that six hours would give
you time to get up
[9:58]
you know to be able to get up and get
that completed so maybe it's
[10:05]
that's a lot of sidewalk
[10:10]
yeah i agree i think that i mean i don't
know since
[10:14]
the idea is to try to clear it as soon
as possible should we extend it to
[10:18]
within 24 hours
i mean the other thing the other
[10:24]
question i have
should there be a difference between
[10:27]
downtown area
and maybe bridget's house you know maybe
[10:32]
that time frame looks a little bit
different i don't know
[10:35]
maybe not maybe it's the same
[10:47]
i wouldn't think you'd have as many
people you know walking by your
[10:51]
and you live on a busy street but even
on a day like that i wouldn't think
[10:54]
you'd have as many people walking by as
there may be people down
[10:56]
in the downtown area paying bills
running errands
[11:00]
going to post office those kinds of
things
[11:12]
my only thing by leaving it in there um
where they're strictly enforced or not
[11:18]
it just
it may give them a little bit of
[11:23]
insight that ms if somebody falls
in front of your business or your your
[11:29]
house
and it's a public sidewalk
[11:33]
you probably got some liability if you
made no attempt to
[11:36]
to to get it off there so by leaving
this in there it just
[11:40]
i guess it just kind of throws it down a
little bit that it is
[11:44]
it is something that needs taken care of
[11:48]
now chris from what i can tell this
section the way it reads under a
[11:52]
it's defining public sidewalk as a
sidewalk within a business or industrial
[11:56]
zone
or um if there have been a business or
[11:59]
commercial use within the past 12 months
so i don't think that would necessarily
[12:02]
apply to
a residential area if i'm reading this
[12:08]
correctly on the six-hour time frame
right sorry sorry
[12:16]
what you said greg my someone was
calling me and it muted my phone
[12:19]
so on the six-hour time frame you're
talking about it looks like it would
[12:23]
only apply to those um
sidewalks and business or industrial
[12:26]
zones as it's a clarification to
one and two specifically two
[12:32]
well both of those
[12:36]
yeah i think after
after rereading it i i would concur
[12:44]
that i i think you're right and that
[12:49]
it's it's only referencing
commercial or industrial lots
[12:57]
for that time frame
[13:01]
so that may not be you know necessarily
an issue for say you
[13:04]
um for your house in an
uh in a residential district it'd really
[13:10]
be
anybody who's zoned i1 b1 b2
[13:15]
um or even if they're not zoned that way
but they are
[13:20]
their use is commercial or industrial
it would still qualify there or if it's
[13:26]
been commercial or industrial within the
past
[13:29]
12 months it would still qualify as
needing to be done
[13:35]
from public sector removed from public
sidewalk right and i can see
[13:39]
why it's in a business zone the time
frame
[13:42]
you know might be a little more
important or a little shorter because
[13:45]
that's
i mean the idea is to that people be
[13:48]
frequenting those businesses so they
need to clear their sidewalks
[14:02]
you know i would think having something
in there
[14:06]
to instead of just a hard six hours
maybe making it um
[14:12]
within if you wanted to leave six hours
to say within six hours
[14:17]
uh or if you know somehow phrase it if
it's overnight
[14:22]
uh within the first two hours of
daylight or something like that i mean
[14:26]
if
if it stops snowing at you know at 10
[14:29]
o'clock
it's you're not going to expect somebody
[14:32]
to get to be out there between
10 and 4 a.m 10 p.m and 4 a.m to get a
[14:37]
shovel to be in compliance
um even if it is a business zone you
[14:41]
know right
six hours after sunrise of the following
[14:48]
day
in the the a2
[14:55]
you're right i'm just losing my mind
here
[15:00]
i even read that exact sentence okay
[15:05]
okay so should we ju i mean do we feel
okay with leaving this section the way
[15:09]
that it is
i think since it just pertains to
[15:13]
business as their commercial purpose
yeah i would favor of leaving it exactly
[15:18]
the way it is
so the only thing that it talks about on
[15:21]
the private property
is just where you can and cannot
[15:26]
get rid of the piles of snow correct
okay thanks
[15:31]
and so i would say it's probably
okay for now if you want to exempt
[15:38]
residential areas from these
from these provisions um the only thing
[15:43]
i would
say is if in the event that we ever do
[15:46]
get a
you know we're hoping to at some point
[15:49]
have a safe route to schools grant
and get uh better access via sidewalks
[15:55]
to both the elementary school and the
high school
[15:58]
in the event we that ever becomes a
reality
[16:02]
it might be something at that point to
try to designate those routes
[16:05]
as snow has to be removed within a
certain time frame at least along these
[16:09]
routes
to try to make sure the kids can can
[16:13]
safely get there
right but also yeah i would think if it
[16:18]
was
to the school even though the property
[16:22]
would be owned
by the city a lot of it the school would
[16:25]
probably work hand-in-hand with you
getting some of that removed
[16:31]
well i mean i would i mean you're
talking about
[16:34]
it could be a distance all the way to
you know i mean all the way across town
[16:40]
down cleveland street or you know
[16:44]
down maple or well maple's a business
district anyways but
[16:48]
but i was thinking more more in
residential areas that that would be
[16:51]
um a sidewalk route for a lot of
kids to to walk to school that you know
[16:59]
it probably give more than six hours but
a time frame in which you know within a
[17:05]
24 to 48 hours that residences along
that route are expected to have
[17:11]
uh snow removed but we're not in that
situation right now anyway so
[17:15]
that's probably future discussion but
i'll just throw that out there for maybe
[17:20]
future future thought
kind of going off of lawrence
[17:26]
the city of lawrence where i lived at
for six years
[17:30]
is there any designation of the amount
um or um what
[17:37]
uh what
guidelines we need to put in there or
[17:42]
whether there's just the dusting or if
there's an
[17:44]
inch where they need to
you know clear their sidewalks or put
[17:51]
out some sand or
ice melt i i don't know if
[17:56]
that needs to be included in there or
not but it is included in
[18:01]
the city of lawrence's ordinance
[18:06]
that's probably a good point uh
we don't want to run into uh
[18:13]
to issues with you know somebody
complaining because well soto didn't
[18:19]
shovel their
their sidewalk in front of their
[18:21]
business when it was just a dusting but
technically
[18:24]
a violation of the law type thing you
know we could certainly use discretion
[18:27]
but
if you wanted to try and make it black
[18:29]
and white um
you know that wouldn't be bad to say hey
[18:33]
if we get two inches or more of snow
that this is applicable
[18:39]
or whatever you if you want to leave it
alone then that's fine too but
[18:43]
that could be an issue at some point
what is the depth of snow that lawrence
[18:48]
uses
cody
[18:54]
um
[19:18]
and certainly in some cases if you
if we do get a decent amount of ice uh
[19:24]
before
snow it's actually better to try to
[19:27]
leave the snow
on top than try to take the snow off and
[19:31]
then you're just left with a sheet of
ice and
[19:33]
that you can't really break through a
lot of times and so
[19:36]
it's safer to leave the snow in place
good point
[19:44]
the bad thing is if you get like an inch
or two inches of snow and it gets
[19:48]
gets all walked on and compacted that
it's going to be a slick situation uh
[19:55]
i personally would be for leaving it and
not
[19:59]
not calling out so many things um
just for the fact that if it's say two
[20:05]
inches it's going to get compacted and
then it's going to be more
[20:11]
maybe even slicker and be there longer
[20:17]
yeah i would i would tend to agree that
um
[20:20]
since those are i mean the idea was to
try to catch those people who
[20:24]
those areas that are most frequented by
people that clearing any amount of snow
[20:28]
and ice would be important
just for the safety of the people so i'm
[20:32]
okay with leaving it um just to include
all snow and ice
[20:40]
in the event we run into issues in the
future you can always revisit it
[20:44]
yeah okay so i think that
with that in mind knowing that this
[20:49]
section regarding snow and ice to be
removed
[20:53]
is geared specifically towards business
and industrial zones
[20:57]
that would mean that the removal may be
made that is made by the city that also
[21:00]
pertains to those business and
industrial zones
[21:03]
so i would say you should probably just
go ahead and keep that section since the
[21:07]
idea was to try to regulate
those areas and you need to have some
[21:11]
mechanism of enforcing that
[21:19]
so in terms of uh in terms of notice
you know it will then we'll go in and
[21:26]
take care of it if they don't
uh would you have a general thought
[21:30]
process on what you'd like to see time
frame wise there
[21:35]
we start enforcing this you know if we
start come january february we start to
[21:39]
get
significant snows and we have people
[21:42]
that aren't compliant
we can go and take care of it but you
[21:46]
know when you guys start getting
phone calls if those if those come just
[21:50]
kind of want to have an i
be on the same page with hey let's try
[21:53]
to make sure we give
you know six hours notice or 24 hours
[21:58]
notice or whatever you'd like to see
[22:03]
i i mean just the way this is written it
sounds as though they become out of
[22:06]
compliance after six hours so that's at
least when first
[22:10]
notification should occur if even
possible
[22:14]
um it should happen as soon as that
time frame has passed i mean
[22:21]
as far as i'm concerned but i don't know
what you all
[22:25]
in the think how many times would you
say
[22:29]
that this ordinance probably wasn't
followed
[22:35]
that people weren't able to to get that
completed
[22:40]
so i would say
there's probably a number of
[22:50]
when we get a decent snow that this
is probably not followed
[22:57]
well the majority of the time
you're going to have some businesses
[23:02]
some properties that that are compliant
but for instance according to this code
[23:07]
even the
uh the sidewalk in front of
[23:11]
uh denise's cafe should be shoveled it's
a
[23:15]
downtown district it's a public sidewalk
it's you know and
[23:19]
in the past really nobody's been
maintaining that property nobody's been
[23:24]
maintaining the vacant lot around you
know beside it so but those areas should
[23:28]
be shoveled and so
in the event somebody wants to walk
[23:30]
along that sidewalk according to our
code that needs to be done
[23:34]
um so in those specific situations
that's probably pretty consistently in
[23:40]
the past that
this code has not been followed and we
[23:44]
can
start to enforce it and realistically
[23:48]
will be the ones shoveling
the uh just like we're the ones in a lot
[23:52]
of cases that have been mowing
the vacant lot there um with denise's
[23:58]
hopefully with the new owner that
they'll go ahead and get out there and
[24:00]
get the sidewalk shoveled be my hope
but i know the the challenges we're
[24:06]
gonna
run into especially on some of these
[24:08]
vacant properties is gonna be
uh rather extensive with regard to
[24:13]
getting people to comply with this so
we're gonna have some time
[24:16]
invested in and taking care of it
ourselves until we get people
[24:21]
on board with okay same thing with code
enforcement with regard to
[24:25]
nuisances and mowing their grass etc
you know once people get hit with the
[24:33]
you know the 75 an hour bill from the
city a couple times they figure out
[24:37]
i'm going to hire somebody for 20 bucks
an hour to do it because because it's
[24:41]
it's costing me money to have this to
not need to be in compliance but
[24:45]
it'll probably take some some of those
situations to happen before people will
[24:49]
get the picture that we're serious since
we haven't enforced it regularly in the
[24:53]
past
how many how many places how many
[24:58]
business do you think
that the city would would end up having
[25:03]
to do this because
it doesn't just snow on monday through
[25:06]
friday you're going to have weekends so
you're going to have to bring employees
[25:09]
out
pay overtime or whatever
[25:13]
if it's after hours right
true um and
[25:19]
you know that's a challenging situation
um
[25:23]
especially with regard to you know some
of those that we attempt to make notice
[25:29]
on
and um can't make can't complete
[25:33]
making notice uh you know there are
properties in town that are owned by
[25:38]
somebody who lives in
in texas who we can't ever seem to get a
[25:41]
hold of uh
and so you know trying to actually
[25:46]
provide that notice that hey you have
you know here's your
[25:49]
it's been six hours this isn't taken
care of it's a saturday
[25:52]
you need to get this taken care of we're
gonna come back on sunday and take care
[25:55]
of it for you if you don't
and you know we don't hear anything
[25:59]
certainly
um and realistically in that scenario
[26:03]
the only thing we're going to be able to
do is
[26:05]
unless we have a phone number which in
most cases we don't will be to tack
[26:09]
notice on
the door uh of the of the property or in
[26:12]
the case of a vacant lot
um you know try to attach to a stake in
[26:16]
the in the
uh in the lot or something and then
[26:20]
we're going to be out there
in many cases on uh on a
[26:25]
saturday or sunday racking up overtime
for
[26:29]
uh a vacant lot there so unless you want
to try to address it a little bit
[26:33]
differently
you know i mean you could change it to
[26:35]
where
you know it says something along the
[26:38]
lines of unless it's a
you know not being utilized at the
[26:43]
moment but it you know that there are
businesses on the other side of that uh
[26:48]
on the east side
that are in operation you have the
[26:51]
watershed
um business down there there's i believe
[26:55]
still a uh
picture studio that on that end that
[27:00]
over the weekend if they want to walk up
to the mexican restaurant and
[27:04]
they can't or they have to walk out in
the street because of all the snow or
[27:07]
ice and
you know they get hurt you know we
[27:11]
if we're going to enforce it in my mind
you know we need to try to enforce it
[27:14]
across the board but it will there will
be a lot of challenges with regard to it
[27:20]
sorry my computer won't get there
[Music]
[27:28]
but to answer your question
[27:32]
three inch accumulation of snow uh
snow plowing that's snow plowing
[27:37]
operation
i don't know what it was for down to
[27:41]
answer your question jody before my
computer went dead
[27:44]
i don't know what uh what the um
minimum accumulation was for downtown or
[27:52]
residential but i just knew that there
was
[27:56]
some kind of some kind of minimum to
where
[28:03]
uh residents or businesses were um
required to remove the snow and
[28:10]
apply sand or some kind of ice melt
and i do apologize my computer went dead
[28:18]
on me there
but okay thanks
[28:23]
i wonder if we touch upon it in the uh
town talk that uh i mean
[28:29]
the time frame is already in there that
it's six hours after sunrise the
[28:33]
following day
and if that's not completed at the time
[28:38]
the city can come in there remove it
and bill them and don't notice no no
[28:45]
this is the notice that they got six
hours after the
[28:50]
the next day after the sunrise to get it
accomplished and if they don't have it
[28:54]
done and the city crews are
caught up to the point where they they
[28:58]
can they can knock it out and send them
a bill
[29:01]
i don't i don't know if we need to give
notice it's already it's in here
[29:08]
i'm just wondering what that does to the
city employees when it's on the weekends
[29:12]
or a holiday
or you're still asking them to get out
[29:16]
there
if it isn't done
[29:20]
well i'm thinking like like denise's for
example
[29:25]
even if it's a weekend they're going to
be out there with their blades
[29:28]
so like a blade on about
a lot of things like a skid loader uh
[29:35]
and probably not the whole from their
building front to the street
[29:40]
needs to be removed just so there's a
three foot strip of clear so they can
[29:44]
walk from one property to the next
so really they could just set their
[29:48]
blade up up there and drag it back to
the street
[29:51]
a couple swipes and they they probably
have it done and they're going to be out
[29:54]
there
doing snow anyway of course they're
[29:57]
wanting to get it removed in lots of
lots of area and not want to dink around
[30:01]
with individual properties but
[30:06]
you know what i'm saying they're going
to be out anyway and i think a lot of
[30:09]
that they could do with the machine
okay mr weiner do you think that's a
[30:15]
that's doable
[30:18]
i i think so uh you know i
certainly there will be situations if
[30:25]
uh you know it's not much
[30:30]
if we've already plowed the street let's
say um
[30:33]
then go home or or whatnot and they
you know streets are okay but say you
[30:40]
know the person's property is
is not because you know now they're
[30:43]
success stop snowing
six hours has completed uh
[30:48]
streets are okay but now we need to come
back in for this scenario that could
[30:52]
be an issue at that point um you know
and that could be an operational
[30:58]
challenge finding somebody to come back
in
[31:00]
for specifically you know one or two
properties that need to be
[31:04]
shoveled my guess is initially we're
probably going to see more than that
[31:07]
because
again i i expect that it's going to take
[31:10]
a little while to get people
up to speed with okay this is what we're
[31:14]
going to start doing even if we put it
in town talk
[31:17]
um until we actually enforce it i have a
feeling that there's going to be a
[31:20]
number of businesses that
don't expect it to actually happen um or
[31:25]
you know vacant properties owners that
don't expect it actually happen
[31:30]
but um but i do think you know
in those cases we'd be paying time and a
[31:36]
half uh to have somebody come out on a
holiday
[31:38]
um you know same situation that's okay
you know you're gonna get extra pay to
[31:43]
come out and and take care of this
scenario
[31:46]
we should still cover our costs with
regard to that
[31:50]
that time because the current rate is 75
dollars an hour
[31:54]
i know we talked about
[31:57]
on on weeds and whatnot in the past
about having that be a tiered structure
[32:04]
and that might be something we look at
here as well for
[32:07]
uh for this if you're interested in that
that hey you know first time
[32:11]
is x cost second time is x third time is
is higher so that way it's you know if
[32:18]
people are just using us
as a snow removal service
[32:22]
eventually they're going to decide hey
it's
[32:26]
not economical to continue to rely on
the city to do this so
[32:29]
we'll hire somebody to do it and and
that way
[32:33]
the city doesn't have to any longer but
um
[32:36]
but we should cover our cost if the bill
gets paid
[32:39]
a lot of cases the bill is probably not
going to be paid
[32:42]
same thing we run into with weeds and
everything else will apply to the
[32:45]
property taxes
and in a lot of cases we're not going to
[32:49]
see that money
because it'll go to a tax sale and it'll
[32:53]
sell for pennies on the dollar and
you know we're not going to get our back
[32:56]
taxes and our assessments on that but
at least we we have cleared the uh
[33:03]
the area made it safe for for pedestrian
travel and
[33:07]
you know we've we've enforced our code
as the commission
[33:10]
sees fit so i think that's the
that's the goal chris i would imagine
[33:15]
with businesses
you might have a little bit different
[33:18]
circumstance there where they will
be more likely to pay the fine that's
[33:23]
assessed to them
than just a residential homeowner who
[33:27]
has
you know overgrown weeds i suppose there
[33:30]
it seems like there's more
of an impetus to pay than with maybe a
[33:34]
resident
i i would agree i was thinking more
[33:38]
along the lines of the the vacant lots
um for instance the nieces that you know
[33:43]
in that particular case we had years of
back taxes
[33:46]
um we mowed that vacant lot there and
and
[33:50]
you know we had sunk costs in there
because every time we we invested any
[33:53]
kind of time or resources into that
um you know we didn't get any money back
[33:56]
on that and none of those bills got paid
and
[33:59]
that's the same general location that
we're talking about now but
[34:02]
thankfully there's a new property owner
there and that may be a different
[34:04]
scenario moving forward hopefully
that we won't even have to mow it we
[34:08]
won't have to uh
to scrape the sidewalk but you know if
[34:12]
there's a similar scenario
uh at some point you know it's for
[34:16]
instance the chamber players
you know they own the lot down there by
[34:19]
patriots bank hopefully
they're able to get over there and get
[34:23]
that shovel but
you know is that something to where that
[34:27]
volunteer organization is going to be
able to find somebody or pay somebody
[34:32]
um to get out there within six hours of
the snow stopping within six hours of
[34:35]
sunrise
to get their portion of that sidewalk
[34:46]
shoveled
i guess if nothing else you have a
[34:50]
little bit of leniency on
weekends with the wording of removal may
[34:54]
be made by the city so if you wanted to
wait until the
[34:57]
next business day then that's possible i
was also kind of con well not
[35:00]
necessarily confused but
questioning what the section on section
[35:05]
203 when it says whatever enforcement
action
[35:08]
well in addition to whatever enforcement
action may be taken in the municipal
[35:11]
court
so are there additional um enforcement
[35:14]
mechanisms that we have
i mean is that referring to fines that
[35:18]
the court can assess or
yeah so as anything in your code book
[35:25]
if it doesn't specify otherwise is
subject to the general penalty in the
[35:28]
code
which i believe is a thousand dollar
[35:30]
fine or 30 days in jail
up to either of those it could be a 10
[35:35]
fine or you know
12 hours in jail or but the judge has
[35:39]
discretion
so it could be that the court levees a
[35:43]
fine
in addition to the city removing the
[35:47]
snow and ice and billing for our time
okay thank you
[35:56]
i think maybe what you were talking
about or referring to
[35:59]
might be in the traffic section that
talks about
[36:03]
500 or 30-day
penalty maybe not that might be
[36:08]
something else
well and there are sections that deal
[36:14]
with
specific um specific fine amounts
[36:18]
but anything that doesn't list a
specific fine amount
[36:22]
the violations of this code are subject
to the general penalty
[36:28]
um which i believe is in the very first
chapter under general provisions i think
[36:35]
it's
1 117 where it addresses
[36:40]
um whenever any offense is declared by
any provision of this code
[36:44]
absent a specific or unique punishment
prescribed
[36:47]
the offender shall be punished in
accordance with this section a fine of
[36:50]
not more than one thousand dollars
imprisonment imprisonment in jail for
[36:54]
not more than 179 days
or both such fine and imprisoned
[36:59]
imprisonment not to exceed amd
above so it's the judge
[37:04]
can do either of those if there's not a
specific penalty spelled out so if you
[37:08]
wanted
to afford a fine
[37:12]
less than that or more than that you
would need to specify
[37:17]
in here
[37:21]
okay thank you
[37:31]
all right so do we want to go ahead and
just move forward with the way that it
[37:35]
is
and see how enforcement goes
[37:39]
for this and then you all can work to
adjust it if need be
[37:45]
i prefer to leave it myself
[37:52]
okay i am going to leave it if um mr
weiner feels like it's
[37:57]
it's workable because there's nothing
worse than having a code and not
[38:02]
following it so
i i agree with him we either follow it
[38:06]
or we let it go so i guess i'm asking
him
[38:10]
do you believe this is one that we can
follow
[38:14]
and because it's going to involve
probably city employees to
[38:17]
to get some of that done i i think we
can and we can certainly
[38:22]
um you know work with people and try to
put something in town talk to to
[38:27]
increase awareness of it
i i do expect
[38:35]
probably the biggest ones that we have
challenges with
[38:39]
uh that are going to be i think
significant challenges will will likely
[38:44]
be
like the uh the chamber players property
[38:47]
down there because
[38:50]
you know they're not there every day you
know we're gonna have businesses
[38:54]
that are there every day um that
you know can have somebody go out and
[39:01]
shovel the sidewalk or hire somebody to
to take care of that for them they're
[39:04]
generating income off of their business
front
[39:06]
but when it's vacant property like what
the chamber players has there
[39:10]
um that could be a challenge for an
organization like that
[39:13]
to uh to either find the volunteer to
take care of it
[39:17]
or to uh or to pay somebody to do that i
i anticipate that to be an issue but
[39:24]
you know we can have that conversation
with them and say hey this is going to
[39:27]
be
an expectation moving forward and
[39:30]
hopefully they'll find a way to comply
chris i think sorry
[39:36]
go ahead i was just going to say i think
i think that the problem would be
[39:41]
is if i owned property or a business
that butted up to people who didn't
[39:48]
you know what i mean who didn't shovel
that so
[39:52]
i wanted to come to my business are
going to have a hard time tracking
[39:56]
through all of that so
very true i think it will be tough for
[40:01]
them but i do think
probably it needs to apply the same
[40:06]
and there are people that you know park
down there along that
[40:10]
uh stretch of the sidewalk all the time
and walk to the bank
[40:14]
or you know to wherever so that's what i
was thinking about
[40:18]
yeah and if i ran the bank i'd want to
make sure that everybody
[40:22]
had access to get in and out of there
get in and out of my business
[40:27]
so yeah
[40:33]
okay then if we are good with this
section then we can go ahead and move on
[40:36]
to article
three
[40:41]
tree advisory board now chris
did this even exist not as far as i'm
[40:47]
aware i talked to terry about this
and um he doesn't
[40:53]
need your recommended removal but we're
not sure when the last time that this
[40:57]
board existed
okay so we'll just go ahead and remove
[41:01]
it unless there's
a desire to keep it
[41:07]
okay sounds good then let's consider
that struck from city code
[41:12]
i article four trees and shrubbery
chris do you feel like most of this when
[41:21]
you're reading through it as
um something that has been
[41:27]
enforced or i guess it refers to the
city forester
[41:31]
who would be our city forester
[41:36]
well i played the role of city forester
here about a
[41:39]
a year ago or you know a little over a
year ago i guess
[41:42]
when we were trying to figure out what
to do downtown with the uh
[41:47]
with the shrubs that were planted in
that median there on 5th street
[41:53]
that was somewhat challenging and trying
to figure out
[41:56]
okay well to comply with our planting
procedures here there is a decent amount
[42:00]
of work to be done
um and so we did at least in that case
[42:05]
make sure that that those rules were
were followed
[42:08]
um with regard to the
uh you know other trees that have been
[42:13]
planted in the city and
i i can't really speak to you know
[42:17]
historically if things have been done
um
[42:23]
taking this into account i do know that
we run into issues at times
[42:28]
especially with trees uh in the
in the right of way or in the easement
[42:33]
between these between the sidewalk and
city street
[42:36]
we have utilities there um a lot of
times trees will
[42:40]
at some point they will get to a height
that interferes with our with our power
[42:43]
lines
um they can bring down poles in a storm
[42:47]
and
lines um likewise you know if we end up
[42:51]
with issues with our
uh with sidewalks they can bust up
[42:55]
sidewalks
that soak in trees on the other side but
[42:58]
but they as well a lot of times we'll
get into our sewer lines
[43:01]
um and cause challenging situations with
regard to our sewers
[43:07]
because they'll find any little any
little bit of water and
[43:11]
work their way inside that sewer line if
there's a minuscule crack
[43:16]
so that would be my biggest concern
would just be
[43:19]
trying to make sure that we
minimize or eliminate trees within the
[43:26]
within the right-of-way uh certainly
you know would love to see more as many
[43:32]
trees as possible in town but
when we get in that area that makes it
[43:37]
challenging for our utilities
as well as for future utility growth uh
[43:41]
you know if we need to build a new line
when we have to take out trees that
[43:46]
not only is more more resources to do
with regard to taking trees down it also
[43:53]
upsets people because they could have a
60 year old tree that's been there and
[44:00]
they don't like it when we come in to
tuck their tree down just because we
[44:04]
want to put on a new water line
mr weiner on 13-404
[44:12]
planting procedures the third the third
line
[44:16]
all the way to the end you just have a
little where it says plan
[44:20]
and then a space yeah
yeah i figured you already caught that
[44:25]
but i thought i would let you know
thank you
[44:33]
if i recall like gosh i don't know
what's way back 25
[44:37]
30 years ago i thought they had a tree
that's been a tree advisory board i
[44:42]
thought they purchased trees and sold
sold trees but i was thinking that those
[44:46]
trees had to be
the way i recall it that they had to be
[44:50]
planted in the easement which
never made much sense to me that that's
[44:55]
just a future headache but
that that's the way i recall that that
[44:59]
thing worked that they could purchase
trees i think somewhat cheaper but they
[45:04]
had to be
planted in the easement the way the way
[45:06]
i remember now this is way back
so i don't know but
[45:12]
if it was like that i always that's what
my interpretation of it was and i always
[45:15]
thought boy that's a
bad plan for 10 20 years down the road
[45:21]
yeah i i certainly am a fan of trees but
just not in the easement
[45:28]
and you know it is nice say on the you
know fourth avenue
[45:32]
um there in the median you know having
some trees
[45:36]
but you know trying to make sure we have
the right type of trees in those
[45:39]
situations that our
roots are going to go down and not
[45:43]
spread out
uh you know as well as you know trees
[45:46]
that aren't necessarily going to become
incredibly massive uh we don't want
[45:52]
roots tearing up streets
and curb and gutter and everything so
[45:57]
you know the right type of trees if we
are going to plant have things planted
[46:01]
in
in between sidewalks um
[46:06]
it's it's important that the trees
conform to kind of what our
[46:09]
what our goals are
because who right now is in charge of
[46:17]
the planting and pruning and removal of
trees
[46:22]
so if there
we don't really have any type of process
[46:27]
if somebody wants to plant a new tree
there is no tree permit
[46:30]
that you have to come into and get a
permit for a
[46:35]
you know a tree that you want to plant
[46:40]
we in terms of removal of trees if it's
a situation to where somebody
[46:46]
has a tree on uh in between the easement
uh or in the in the easement in the
[46:52]
right-of-way and they
want it gone in most cases they want the
[46:57]
city to come take care of it
and if it is dead dying causing problems
[47:03]
etc
in most cases we will go ahead and do
[47:06]
that
and in some cases if if we notice it
[47:11]
even if the property owner
hasn't said anything about it but it it
[47:15]
is dead and dying
um and we'll go ahead and take it out
[47:18]
because at some point that's going to
come down and
[47:21]
it's better to come down controlled then
come down
[47:24]
in a storm when we've got a whole bunch
of mess to clean up or
[47:27]
[Music]
you know on top of somebody's car or
[47:31]
into a house or whatnot so
so we do try to be proactive in that
[47:35]
regard but
in general that's at the discretion of
[47:39]
the of the public works director
um or the or the streets foreign
[47:44]
in the absence of the public works
director here for the past couple years
[47:47]
uh kind of left those decisions to
former west stein but you know they're
[47:54]
certainly
uh jason's a lot more knowledgeable as
[47:57]
well as
phil phil uh phil burris our our parks
[48:00]
direct director has
some experience with regard to um
[48:05]
to arborist uh situations a lot more
knowledgeable than i am
[48:10]
so uh kind of rely on staff to
assist in making those determinations of
[48:16]
is this tree healthy or is this tree one
that
[48:20]
realistically needs to go
[48:24]
i noticed that it says the city forester
shall be appointed by the city manager
[48:30]
so um i guess
according to this your job would be to
[48:36]
try to figure out who you want to be
your city forester and let um
[48:39]
i don't know designate them just for
the sake of this article unless you want
[48:45]
it changed
so
[48:50]
you know i guess the way i've been doing
it thus far has been
[48:54]
i haven't really appointed anybody to
that role officially so it's just
[48:58]
like last year it was myself so
um like we like it is phrased in some
[49:05]
other
chapters um in this one it might
[49:09]
be good to say the city manager or his
designee
[49:13]
shall be the the the city forester
and you know in a lot of other cases
[49:20]
it i've clearly defined already hey this
person is doing this
[49:24]
job even though it says city manager or
designee this is a situation where it's
[49:28]
a little bit the opposite where
i don't really have anybody to do this
[49:32]
specific job so i've kind of
taken it on in the rare instance that
[49:36]
we've had it
but i've relied on advice from from
[49:40]
staff
as appropriate so at some point if we
[49:44]
have somebody that feel like hey that
person is
[49:50]
is a trained arborist or knows a heck of
a lot about trees you know probably
[49:54]
appoint that person city forester but
um at this point i either don't have
[49:59]
that person
that would be willing or has the time or
[50:03]
they haven't
made themselves known to me because they
[50:07]
may want to avoid the city forester
role
[50:17]
well i think it shall be appointed by
the by the city manager or
[50:21]
designee that ought to take care of it
on a case-by-case basis and
[50:25]
and it can get accomplished
[50:29]
yeah so having like the city forester or
doesn't mean she'll be appointed by the
[50:33]
city manager
[50:36]
or his designee
[50:39]
i think would take care of it on the
probably the rare case that's needed
[50:44]
okay yeah i agree
[51:05]
okay so did anyone have anything else on
[51:10]
13-5
[51:17]
no but we don't we don't have a street
tree permit per se
[51:24]
um no not at least that we have permits
for about everything else but
[51:29]
not that i've came across um that's not
to say that
[51:34]
we couldn't make one and and start
requiring that if
[51:37]
if that would be something that the
commission would like to see um
[51:41]
you know my personal preference would be
if if you want to allow
[51:45]
uh trees within the easement
you know i here it says no tree shall be
[51:53]
planted where the clear space between
the urban side was less than 10 feet
[51:56]
um if it's a situation to where
say the curb and sidewalk are 20 feet
[52:02]
apart
in that case technically a tree would be
[52:05]
allowed there
[Music]
[52:08]
in that instance i think it might be
beneficial to have a permit
[52:12]
process to say okay we'll allow it
you know code allows it but we want to
[52:18]
have a permit process so that way we can
help you
[52:21]
allocate where that tree is going to go
um
[52:24]
and make sure that you know well we have
utilities
[52:28]
you know here and so we want your tree
to be
[52:31]
set back at least far enough that it's
not gonna we don't anticipate it being
[52:34]
an issue
here you know a previous community i was
[52:38]
with
people ended up planting a whole row
[52:41]
of bradford pear trees in conjunction
with some cedar trees
[52:46]
right underneath our power lines and
that wasn't an issue for 10 years
[52:55]
then we had to come in and lop off the
top
[52:59]
of all these cedar trees because they
were getting into our power lines and
[53:03]
we upset those people and you know i
i would rather avoid that scenario if we
[53:09]
could
i guess one thing it would do would be
[53:13]
maybe give them some guidance
on the types of trees if you put a
[53:19]
say a weeping willow 10 feet from the
street
[53:23]
it's not going to be that far down the
road before that tree is going to be all
[53:26]
over the
all over on the street
[53:39]
so i say we don't have a permit but
um you know given that
[53:46]
these planting procedures called for
certain things
[53:49]
um you know i
when we had this scenario last year i
[53:55]
made a permit
um that was if i recall correctly i
[54:00]
think just on a sheet of paper you know
we didn't have any kind of formal
[54:02]
documents so i said well
this is the the street tree permit
[54:07]
but um you know we certainly could make
something a little more formalized if
[54:12]
um you know we want to try and do this a
little more frequently
[54:17]
and if there was a desire to say all
right
[54:20]
within these parameters say a permit
will be required
[54:25]
uh i do think that that would be
beneficial
[54:29]
as you said to at least try to help
provide some guidance on
[54:34]
you know what trees to utilize as well
as you know where might be the best
[54:37]
place to put those
we're in the uh creative mode
[54:43]
uh of late and so i think we could
probably whip one of them up pretty
[54:47]
quickly
if we had to travis has been creating
[54:52]
stuff all day
really
[54:58]
all right that sounds that sounds great
so then if um
[55:02]
travis is interested in creating that
for the city then i guess we can leave
[55:06]
it in the code
[55:10]
very well
[55:15]
okay is that all 413-5
uh the only thing that city attorney saw
[55:21]
lander mentioned when
i went over this section of code with
[55:24]
him was um
that he recommended looking at both
[55:28]
prairie village and lenexa's tree
policies i thought they were pretty
[55:33]
pretty
good policies i haven't had a chance to
[55:36]
look at those yet
but i'll try to look at those as well
[55:38]
and if i see anything that
looks to be beneficial i'll try to bring
[55:44]
that back for your
your consideration okay
[55:48]
that sounds good thank you
[55:52]
okay we'll go ahead and move on to 13-6
[56:05]
um the only thing i've seen in 13-405
uh third sentence last word
[56:14]
whatever that word is is it spelled
right
[56:22]
the deleterious or whatever
is that right i don't even know where it
[56:28]
is
well i think that is what it's supposed
[56:35]
to be
because it's also there in the uh
[56:39]
a couple words previous to that
[56:46]
charge of gas or other substance
deleterious tree line
[56:50]
but yeah we can
get that addressed and certainly we can
[56:56]
use a
probably try to find a synonym for that
[56:59]
that's a little bit clearer to the to
the layman
[57:02]
because i don't think many people are
going to understand what deleterious
[57:05]
means
i don't
[57:14]
harmful
[57:19]
there you go that's a lot better
i didn't have anything else marked here
[57:28]
so long as this
all is something that you currently
[57:31]
practice
[57:35]
yeah the biggest thing uh that we run
into currently
[57:39]
is really the the tree trimming i'm
trying to make sure that people keep
[57:43]
their trees trimmed back
in a lot of cases they don't and so
[57:48]
you know that's a situation to where
we'll come in and we'll take care of it
[57:54]
uh and then we run into
challenges at times we are in the
[57:59]
process of
trying to make sure we notify people
[58:02]
that hey
in this situation because it's been
[58:06]
allowed to grow like this for so long
we'll take care of it this time but from
[58:11]
this point forward we're gonna expect
you to maintain the tree and keep it
[58:16]
trimmed back from um from becoming an
issue if it becomes an issue again in
[58:20]
the future
then you're going to have to take care
[58:22]
of it or you know we'll take care of it
and bill you for it
[58:26]
but you know we're trying to work with
people and
[58:29]
at least get it into compliance
initially and then moving
[58:33]
moving from that point forward i do
think that
[58:38]
in section 13-407
uh second to the last line the section
[58:44]
within five days
five days is pretty pretty short notice
[58:50]
to get things done especially if you got
to hire somebody
[58:53]
to get it accomplished in five days is
probably nearly impossible
[59:02]
so do you think 10 is more reasonable i
sure think it would be a lot better
[59:07]
okay okay that sounds good jody does
that sound good with you
[59:14]
yeah i was just trying to think of a
happy compromise if we left it at
[59:18]
five but i was able to show you in good
faith that i had somebody coming out
[59:24]
with you know i already had an
appointment with somebody that would
[59:27]
come out and help me
would you want to leave it at the five
[59:30]
so you're not going back and forth with
five days ten days
[59:34]
eight days but it's five day at least in
five days
[59:38]
in good faith i've made contact with
somebody
[59:41]
that will take care of the problem i
don't know if that's how floor if that
[59:44]
hurts it so in most cases what we
currently do and grant we haven't had a
[59:51]
lot of these issues with with tree
trimming
[59:53]
uh this point but similar scenarios with
weeds notices or
[59:57]
you know nuisance violations etc uh if
somebody has
[1:00:01]
you know we we've provided notice we
give them 10 days in most cases
[1:00:05]
and they call us and say hey i need a
little bit of extra time
[1:00:09]
i've got my uncle coming you know next
weekend
[1:00:12]
you know so i need 15 days instead of 10
because you know my leg is broken i
[1:00:17]
can't move my yard or whatever the case
we're willing to work with people as
[1:00:20]
long as they communicate with us and
they
[1:00:23]
you know we know that they're working on
it so you know
[1:00:26]
we do try to be flexible and work with
people but
[1:00:29]
you know in in the cases in which we
give notice and don't
[1:00:33]
hear anything at all then it's okay we
go in on the 11th day or as soon as we
[1:00:38]
can thereafter and take care of it
and you know if you're not going to
[1:00:43]
communicate with us let us know
you're going to you're that you're
[1:00:46]
actively working on it that's when
it really is a hard deadline and um
[1:00:51]
and certainly if you know somebody it's
a situation to where they abuse it
[1:00:55]
and it's happens consistently that um
they ask for an extension we give them
[1:01:01]
an extension and it still doesn't get
done
[1:01:03]
then it's okay the next time it happens
i'm sorry
[1:01:07]
it's ten days because you know we worked
with you the last three times
[1:01:11]
and in none of those cases did you ever
get it accomplished we had to do it in
[1:01:16]
every case
so
[1:01:20]
are most of those cases ten days then
rather than the five
[1:01:24]
ten days is the more customary number
yes
[1:01:27]
okay and then maybe it's not a bad idea
to change it to ten
[1:01:35]
that would be more consistent
[1:01:47]
are there any other comments between
both 13-6
[1:01:51]
and 13-7
[1:01:57]
um on 13-408
and i don't know i just got marked under
[1:02:04]
the last sentence or upon any private
grounds
[1:02:14]
that was right away public park or upon
any private grounds
[1:02:31]
you know i don't know there definitely
needs to be some
[1:02:35]
some notice given i mean i think just to
trump on somebody's
[1:02:38]
property and start whacking up their
trees uh
[1:02:42]
better tread lightly
[1:02:47]
so the way the way that i understand it
is um they would have noticed so like in
[1:02:51]
the trimming
instance since that's um where an
[1:02:54]
authorization is made for it it
gives that person notice of 10 days now
[1:02:59]
that we just changed it
but it seems as though there should be
[1:03:02]
notice um
[Music]
[1:03:04]
to the person of any violation before
the city forester will go in and
[1:03:09]
actually
start cutting things i mean the only
[1:03:13]
thing i can think of if it's private
grounds would be if it is violating
[1:03:16]
something like it trees are growing into
electric lines
[1:03:19]
at least that's the way i read it chris
is that kind of how you understand it
[1:03:23]
yeah it just needs to
[1:03:27]
stay out of city utilities essentially
and i do think there's provisions in
[1:03:31]
there
uh for you know if it's got uh the
[1:03:35]
what is it the ash borer you know the
the various tree funguses
[1:03:39]
or um insects that can be infectious
and kill a whole swath of you know a
[1:03:45]
whole community of trees
um that at that point the city forester
[1:03:49]
could say hey this
even though it's on private property
[1:03:52]
this tree needs to go or else
you know the entire the entire town's
[1:03:56]
trees could all die
so we're gonna basically kill this tree
[1:04:00]
quarantine it because you know we're
trying to get rid of the
[1:04:03]
virus before it spreads
well maybe you could just put a mask
[1:04:17]
13-408 it needs to be i think something
needs to be spelled out in there that
[1:04:23]
that notice be given to the the property
owner
[1:04:28]
so we don't just wheel in there and and
do something and they're just completely
[1:04:32]
shocked that their tree got removed you
know up by their house or something
[1:04:43]
or upon any private grounds it's
i think that next that next section
[1:04:50]
there as authorized
we're not going to go upon private
[1:04:54]
grounds to
to do anything unless it's authorized by
[1:04:59]
the article
and the and the article authorizes what
[1:05:03]
areas we have that authority to
um to do any kind of removal or trimming
[1:05:09]
etc so we already should have provided
notice and whatnot due to the provisions
[1:05:18]
required in that in those other and
those other sections
[1:05:27]
which would basically be the east
[1:05:32]
well in
oh it also says uh
[1:05:39]
every owner of any tree overhanging any
street or right of way within the city
[1:05:43]
shall trim the branches so that such
branches should not obstruct the light
[1:05:46]
and so forth so even if that tree is not
within the easement
[1:05:50]
even if it's on their side of the
sidewalk
[1:05:54]
they're still required to keep the
branches trimmed
[1:05:57]
so as not to obstruct the light or
obstruct the view of an intersection
[1:06:00]
etc a weeping willow you know if it's a
massive weeping willow and
[1:06:05]
and stretches a long ways uh
you know sidewalks only let's say eight
[1:06:11]
foot from the curb
and whipping willows right there that
[1:06:14]
weeping willow can can droop down
into the street and that's not allowed
[1:06:19]
it has to be
a foot above the surface of the street
[1:06:24]
and so we could come in there even
though that weeping willow is a private
[1:06:28]
tree
but it is overhanging the city street
[1:06:32]
city right-of-way
and it is out of compliance if it is
[1:06:36]
less than eight
eight feet uh above the street surface
[1:06:39]
so we could come in there and trim
that if they don't take care of it
[1:06:43]
themselves they should take care of it
themselves
[1:06:46]
that would come in 10 days notice so
they would be notified
[1:06:50]
yes so that's what you just changed
currently it's five but
[1:06:54]
you're saying we would have to provide
10 days notice if we wanted to
[1:06:59]
to go in there and take care of it
ourselves because the private property
[1:07:02]
owner hasn't
good enough as long as they get notified
[1:07:09]
and and get a chance to protest it or
comply with it
[1:07:14]
yep okay was there anything else over
these two pages
[1:07:22]
nope okay then we'll go ahead and move
on to 13-8 article 5
[1:07:28]
numbering of buildings
does anyone have any
[1:07:35]
questions or comments on this section
[1:07:46]
i did not okay
[1:07:53]
okay um then we'll go ahead and go to i
didn't either so
[1:07:56]
uh commissioner cole did you have
anything on this i didn't
[1:07:59]
thanks okay yeah all right so article 6
street lighting
[1:08:03]
[Music]
this first page 13-9
[1:08:11]
i didn't have anything marked on this
page yeah i did not either
[1:08:16]
commissioner call i don't have anything
marked i didn't know if there was
[1:08:22]
anything on the city side that they
is there anything on that page that
[1:08:26]
concerns them
[1:08:30]
i don't have any concerns on this on
this page
[1:08:33]
okay all right then uh 13-10
is the section continued i'm assuming
[1:08:40]
everyone's probably okay with this
as well i am
[1:08:45]
okay
[1:08:49]
my only thought would just be um
might look to on whereas f says
[1:08:57]
of not less than 250 feet in residential
areas and
[1:09:01]
trying to increase street lighting um
to try and you know improve the
[1:09:07]
the lighting of our streets uh you might
also
[1:09:10]
consider the same type of thing for e um
you know
[1:09:14]
f sets a minimum we might also want to
try to set a minimum
[1:09:18]
for um for some of these
for for some lighting i know you know
[1:09:23]
personally
i feel like a lot of our street lights
[1:09:26]
are
a little bit dark especially in some of
[1:09:30]
our
more well-traveled areas you know
[1:09:32]
downtown maple street
you know you go to some other
[1:09:36]
communities and it just
feels a lot more well-lit um and
[1:09:40]
especially in the commercial areas and
even in the
[1:09:42]
residential areas i still feel like it's
you know i have a street light right i
[1:09:47]
have a street light in my yard
and i still feel like that's that's not
[1:09:52]
very bright
um you know i would look to rather than
[1:09:55]
being
a strict 9 500 lumens or 25 000 lumens
[1:09:59]
you know maybe we set that as a minimum
and you know if we have an opportunity
[1:10:03]
to say hey let's
uh improve the uh
[1:10:07]
the lighting along maple street or
downtown district you know
[1:10:11]
as we go i wouldn't necessarily try to
swap them all out
[1:10:14]
you know at once but you know as a bulb
goes out maybe we
[1:10:18]
instead of 25 000 lumens we make it you
know 27.5 or something downtown
[1:10:25]
i think that's a good idea i think that
it should be a minimum as opposed to
[1:10:28]
just the standard
[1:10:33]
sounds good to me
okay uh so we will go ahead and move on
[1:10:47]
to 13-11
article seven police agreements
[1:10:52]
since we were just um dealing with the
police agreement
[1:10:56]
our i'm assuming that most of this
probably looks good chris or you would
[1:11:00]
have had a chance to look at that then
do you know anything that needs to be
[1:11:04]
changed based on
our recent conversations no other than
[1:11:09]
you know there are some words that have
hyphens in them
[1:11:12]
that aren't necessary but um i did speak
with terry about it and he felt like
[1:11:18]
this whole article article seven isn't
needed
[1:11:22]
um but that it doesn't hurt to leave it
in so it's really up to
[1:11:26]
the commission whether you want to keep
it in the code or
[1:11:29]
or remove it we do have the the police
agreements that we do individually with
[1:11:34]
the the various companies that we have
these agreements with
[1:11:37]
so if you decide to remove it you know
all those will stay in effect
[1:11:41]
and if we do future ones we'll similarly
do those agreements with them as well so
[1:11:47]
leaving it in the code doesn't hurt us
but it also
[1:11:50]
doesn't really serve much of a purpose
so this uh
[1:11:54]
right now it doesn't guide and direct
your police agreements at all
[1:11:59]
so we essentially i mean
if you wanted to leave it in to try to
[1:12:04]
make sure that they were all
uniform or had the same provisions we
[1:12:10]
could certainly do that to try to make
sure hey
[1:12:12]
that way they're all uniform um but
to be frank what we do is we take uh the
[1:12:20]
standard standard police agreement that
we already have and we essentially
[1:12:24]
you know change the names of hey this
one is quickcom
[1:12:27]
and this is our agreement and it's you
know
[1:12:31]
currently three dollars a a year per
poll and and
[1:12:34]
terry and i are working on obviously
trying to get that increased but
[1:12:37]
um but the
the agreements are all basically just a
[1:12:42]
template that we utilize and so in the
event that we have
[1:12:46]
um future agreements that come come by
it'll just follow that same template
[1:12:51]
would be the idea right
when i'm looking at this right now it
[1:12:56]
looks like it i mean it specifies a lot
of things you know like
[1:12:59]
people can't just connect whatever they
want to your polls i mean it seems like
[1:13:03]
it
i don't know would be prudent to keep it
[1:13:07]
based on it not just being about the
agreement itself but
[1:13:12]
it has a little bit more than just that
and i i don't know if that's addressed
[1:13:16]
somewhere else or
why he would think it's not necessary so
[1:13:20]
i do believe
it was on well was it
[1:13:25]
in
[1:13:28]
13-706 seems like something that should
be in there
[1:13:34]
yeah and i was thinking that we had
another section here that addressed
[1:13:38]
that in particular um in terms of poll
attachments that were
[1:13:44]
not approved type situations
that might be in utilities but um but
[1:13:49]
anyways i i can
verify that and then let you know um and
[1:13:55]
like i said there's no harm in leaving
it in certainly so if you
[1:13:59]
just want to continue to leave it in
that's perfectly fine
[1:14:02]
i'm just thinking if someone connects
something to one of your polls
[1:14:05]
isn't this where you'd get the
enforcement to say um that's against our
[1:14:09]
code
it certainly does give us that i was
[1:14:12]
thinking that there's another area
of code that is duplicative of that but
[1:14:16]
uh
if i'll all look for that and if i find
[1:14:21]
that then we can address that
as well okay that sounds good
[1:14:26]
i think so too i think we should leave
it until we find it
[1:14:29]
either in a place because i i think it
does
[1:14:32]
i have a lot of specifics that would be
helpful
[1:14:39]
that sounds good in that that brings us
to the end since you had mentioned the
[1:14:44]
hyphens
uh that are misplaced i mean you also
[1:14:47]
notice the 13-12 one
at the very top but yeah so i guess
[1:14:52]
we'll just uh wait to hear
if um this is addressed elsewhere and
[1:14:57]
with that we have finished the section
so does anyone have any other comments
[1:15:02]
or questions over the streets and
sidewalks section
[1:15:05]
before we go to our second citizens to
be heard
[1:15:11]
i do not okay i don't have any questions
uh is there a plan or a date
[1:15:18]
to go forward with the traffic
[1:15:23]
i didn't know if we talked about that or
is that something we can talk about it
[1:15:26]
tomorrow night
as well but just to kind of know and
[1:15:29]
advance what we're going to be covering
so i can review it again i've read
[1:15:33]
through it but
i would think that whenever um yeah i
[1:15:38]
don't i don't know if we will get one
and
[1:15:39]
i mean before the end of the year at
least for me to be involved so
[1:15:42]
i mean if we do want to try that that's
fine with me but it would be just that
[1:15:46]
one section
the traffic section
[1:15:52]
um but yeah we can discuss it tomorrow
if you all think that you have any days
[1:15:55]
we can just
see if we do before the end of the year
[1:15:58]
and then you'll have to take over
[1:16:03]
dumping cody's yeah
well at least we've done you know a good
[1:16:10]
portion of the work
so that's right no one could have
[1:16:14]
predicted there would have been
uh well that coveted would have happened
[1:16:18]
the year 2020 would have happened this
way
[1:16:20]
yeah i know i do
i'm sorry no go ahead chris i was gonna
[1:16:26]
say i do appreciate uh all of your
efforts to
[1:16:30]
uh to go through this this has been a
heck of a lot of work and
[1:16:34]
certainly especially here in the last
few months we put a lot of meetings and
[1:16:38]
a lot of time into
into moving further on this so i i do
[1:16:42]
appreciate all of your efforts and
and getting us to where we're at so
[1:16:47]
thank you very much
not a problem it's something i rather
[1:16:51]
enjoy i still have everything that we
have yet
[1:16:54]
to come noted so if you need any help
i'd be more than happy to attend
[1:16:59]
the meetings whenever you do discuss it
we welcome you to do that
[1:17:04]
yeah so all right um
without any other comments here are
[1:17:09]
there any citizens who
would like to be heard
[1:17:14]
all right seen that okay good then
saying none i will go ahead and make a
[1:17:18]
motion to adjourned right here a second
oh second all right it's been moved and
[1:17:23]
seconded all in favor say aye
aye aye all right
[1:17:28]
thank you so