ASSEMBLED TO DO, BUT I WAS BEING POLITE. IT IS NOW 301 THAT CLOCK IS WRONG, BY THE WAY. TRUE CALL
[CALL TO ORDER]
[00:00:07]
THIS MEETING TO ORDER TODAY IS TUESDAY, OCTOBER 17TH YEAR. 2023 KIM FLUM, HOW ARE YOU TODAY? SEE YOU IN THE BACK. GARY, HOW ARE YOU? COUNCIL CHAMBERS TO 22. NORTH TENNESSEE STREET IS 301 IN THE AFTERNOON. WE'RE IN THE GREAT CITY OF MCKINNEY. PUBLIC COMMENTS ON AGENDA ITEMS AS OUR FIRST ORDER OF BUSINESS, I SHOWED NONE. WE WILL DISCUSS REGULAR MEETING AGENDA ITEMS IF[DISCUSS REGULAR MEETING AGENDA ITEMS for the City Council Regular Meeting to be held on Tuesday, October 17, 2023 at 6:00 p.m. ]
ANYONE CANCEL HAS QUESTIONS FOR STAFF PRESENT ON REGULAR AGENDA ITEMS NOW WOULD BE THE TIME MR GRAHAM'S HERE, MR GRAHAM, COULD YOU ENLIGHTEN ME ON THIS TRAFFIC STUDY. YES CURIOSITY MORE THAN ANYTHING, PLEASE. ARE YOU REFERRING TO THE TRAFFIC COUNT COUNT? YES SO WE ON A ANNUAL BASIS, GO OUT AND TAKE TRAFFIC COUNTS OVER THE ENTIRE CITY TO YOU KNOW, HAVE OBSERVATIONS ON WHERE THE GROWTH IS. WHAT KIND OF DEMAND CHANGES DO WE NEED TO MAKE WHEN OUR INFRASTRUCTURE SUPPORT SYSTEM TO SUPPORT THE GROWING DEMANDS ACROSS THE CITY? IT'S LIKE 300, SOME ODD LOCATIONS, MULTIPLE SEGMENTS ALONG THE CORRIDOR JUST TO GIVE US A BASELINE AND TRACK HOW WE'RE GROWING. AND THEN WE PUT THOSE ON THE INTERNET, SO ANYBODY HAS ACCESS TO THOSE AS WELL. SO A NEW DEVELOPER, OR, UM , BUSINESS OWNERS LOOKING AT, YOU KNOW, TRAFFIC COUNTS IN THEIR AREA THAT GIVES THEM INFORMATION, SO THEY KNOW HOW BUSY GIVEN STREET IS PERIOD OF TIME. WE USED TO COME UP WITH AN AVERAGE IF WE DO THAT, WE DO A SINGLE COUNT AT EACH LOCATION.AND IS IT FOR 48 HOURS OR 24? 24 HOURS AND THEN WE USE THAT, AS YOU KNOW, WE JUST PICK AN AVERAGE DAY WHEN SCHOOLS IN TRAFFIC NOT ON A PEAK HOLIDAY WEEKEND OR ANYTHING LIKE THAT, SO BUT JUST AVERAGE WEEKDAY. I WASN'T HERE LAST WEEK DISCUSSED THAT WITH PAUL AND THE PROBLEM OF THAT AND JUST CURIOUS ABOUT THAT. WHAT ALL INFORMATION, IT WOULD YIELD INTERESTING. WHEN WILL THAT BE COMPLETED? UM, TAKES HIM ABOUT TWO MONTHS TO GO UNDER THE ENTIRE CITY. LISTEN, I APPRECIATE IT. THANKS FOR LETTING ME CALL YOU OUT. ANY OTHER QUESTIONS. ALRIGHT WE'LL
[INFORMATION SHARING ITEMS]
[Proclamation for Community Planning Month]
MOVE ON TO OUR INFORMATION SHARING ITEMS TO 30852 PROCLAMATION FOR COMMUNITY PLANNING MONTHS. I THINK JENNIFER, I GOT ONE FOR CREW. I THOUGHT YOU ALL WERE JUST HEARD THAT FOR THAT FOR THE REST OF THE CONTENT. YEAH I THOUGHT YOU WERE HERE BECAUSE CHARLIE IS BACK AFTER BEING ABSENT A WEEK AND NO, RIGHT. WAS THAT TOO? OKAY? SYRIA MCKINNEY PROCLAMATION, WHEREAS CHANGE IS CONSTANT AND AFFECTS ALL CITIES, TOWNS, SUBURBS, COUNTIES, BURROWS, TOWNSHIPS, RURAL AREAS AND OTHER PLACES. WHEREAS COMMUNITY PLANNING AND PLANS CAN HELP MANAGE THIS CHANGE IN A WAY THAT PROVIDES BETTER CHOICES FOR HOW PEOPLE WORK AND LIVE ARREST.COMMUNITY PLANNING PROVIDES AN OPPORTUNITY FOR ALL RESIDENTS TO BE MEANINGFULLY INVOLVED IN MAKING CHOICES THAT DETERMINE THE FUTURE OF THEIR COMMUNITY. WHEREAS THE MONTH OF OCTOBER IS DESIGNATED AS NATIONAL COMMUNITY PLANNING MONTH THROUGHOUT THE UNITED STATES OF AMERICA AND ITS TERRITORIES, AND WHEREAS THE CELEBRATION OF NATIONAL COMMUNITY PLANNING MONTH GIVES US THE OPPORTUNITY TO PUBLICLY RECOGNIZE THE PARTICIPATION AND DEDICATION OF THE MEMBERS OF PLANNING COMMISSIONS AND OTHER CITIZEN PLANNERS, WHO HAVE CONTRIBUTED THEIR TIME AND EXPERTISE TO THE IMPROVEMENT OF OUR CITY THEREFORE, I GEORGE FULLER, BY THE POWER VESTED IN ME AS MAYOR OF THE CITY OF MCKINNEY, TEXAS, TO HEREBY PROCLAIM THE MONTH OF OCTOBER 2023 IS COMMUNITY PLANNING MONTH IN MCKINNEY, TEXAS, AND URGED ALL CITIZENS TO CELEBRATE COMMUNITY PLANNING MONTH WITNESSED MY HAND AND SEAL THE 17TH DAY OF OCTOBER. 2023. THANK YOU VERY MUCH. I WILL. I WILL. THANK YOU VERY MUCH, MR MAYOR. I KNOW YOU ALL NORMALLY SEE ME UP AT THE PODIUM EVERY OTHER TUESDAY. BUT THIS IS THE TEAM THAT MAKES ALL THAT MAGIC ACTUALLY HAPPEN, SO IT'S NICE TO BE ABLE TO RECOGNIZE THEM PUBLICLY AS WELL AS THE COUNCIL ON OUR PLANNING AND ZONING COMMISSION, BECAUSE YOU ARE A PARTNER WITH US AND MAKING SURE THAT THE DEVELOPMENT THAT OCCURS IN MCKINNEY IS OF QUALITY. I ALSO WANTED TO TAKE THIS TIME TO MAKE A GREAT ANNOUNCEMENT THAT THE NEW CODE MCKINNEY DEVELOPMENT CODE OVERHAUL WAS RECENTLY AWARDED A STATE PLANNING AWARD FOR BEST PRACTICES. SO A MEMBER OF OUR CONSULTANT TEAM, AS WELL AS SOME STEP WILL BE TRAVELING DOWN TO CORPUS AND A COUPLE OF WEEKS TO ACCEPT THAT AWARD ON BEHALF OF THE CITY, AND THAT IS IN NO SMALL PARTS OF THIS TEAM AS WELL AS COUNCIL SO OUTSTANDING. THANK YOU ALL. WHAT DO YOU WANT? OKAY. THANK YOU.
[00:05:33]
RICK I WANT YOU TO KNOW THAT I TRIED TO HOLD OUT AND WAIT FOR YOU. BUT I WOULDN'T HAVE IT WOULD HAVE IT. THERE WAS AND FOR THIS, LIKE, SO CLOSE ON ITALIAN TIME STILL, MR MAYOR. I WILL[Discuss Proposed Amendments to City Ordinances, Chapter 46 - Food Establishment Regulations]
MOVE TO WORK SESSION ITEMS 23 0853 DISCUSSED PROPOSED AMENDMENTS TO THE CITY ORDINANCES CHAPTER 46 FOOD ESTABLISHMENT REGULATIONS. GOOD AFTERNOON, MR MAYOR, COUNCIL MEMBERS, MR GRIMES. THANK YOU FOR HAVING ME AT THIS WORK SESSION THIS AFTERNOON. MY NAME IS RICHARD MILLE. UM, I'M THE HEALTH COMPLIANCE MANAGER HERE FOR THE CITY. AS YOU KNOW, ONE OF THE PRIMARY TASK FOR THE HEALTH COMPLIANCE TEAM. WE ARE CHARGED WITH FOOD SAFETY INSPECTIONS THROUGHOUT THE CITY. UM. AND THAT ALIGNS WITH THE OPERATIONAL. EXCELLENT GOAL THAT YOU HAVE TO CHEAT. YOU HAVE SET FORTH FOR US FOR PROVIDING EXCELLENT CUSTOMER SERVICE TO OUR CITIZENS AND VISITORS TO MCKINNEY IN THE AREA OF FOOD SAFETY OPERATIONS BEFORE YOU TODAY YOU YOU HAVE PROPOSED AMENDMENTS TO CHAPTER 46 OF THE FOOD ESTABLISHMENT REGULATIONS.HAVE A BRIEF PRESENTATION FOR THIS AFTERNOON TO KIND OF GO OVER THOSE OUTLINED CHANGES THAT WE'RE PROPOSING. AS WELL AS STAFF WOULD SEEK YOUR GUIDANCE ON MOVING FORWARD WITH THESE CHANGES TO A FUTURE COUNCIL REGULAR MEETING UM. PROVIDE ANY INPUT TO US OF ANY CHANGES YOU WOULD LIKE TO SEE. OR WE COULD SIMPLY DO NOTHING AND STICK WITH THE CURRENT REGULATIONS THAT WE HAVE IN PLACE TODAY. THESE AMENDMENTS WOULD ADOPT THE 2021 TEXAS FOOD ESTABLISHMENT REGULATIONS AS WELL AS THE 2017 FOOD AND DRUG ADMINISTRATION CODE, WHICH IS KIND OF A TEMPLATE FOR ALL. HEALTH DISTRICTS, MUNICIPALITIES ACROSS AMERICA AS FAR AS FOOD SAFETY REGULATIONS. UM. THIS WITH THE WITH THE IMPLEMENTATION OF SENATE BILL 5 77 IN THE LAST LEGISLATIVE SESSION, EFFECTIVE SEPTEMBER 1ST OF 2023 ALL HEALTH DISTRICTS AND MUNICIPALITIES THAT HAVE A FOOD ESTABLISHMENT REGULATION MUST SUBMIT TO THE DEPARTMENT OF STATE HEALTH SERVICES A COPY OF THAT ORDINANCE. FROM THE DATE THAT IT IS SUBMITTED UNTIL 60 DAYS THAT MUNICIPALITY CANNOT ENFORCE ANY REGULATIONS. SO I JUST WANTED TO MAKE YOU AWARE OF THAT, IN CASE THIS ORDINANCE DOES MOVE FORWARD . WE DO HAVE THAT WAITING PERIOD OF 60 DAYS AND JUST SO YOU'RE AWARE OF LEGAL TEAM HAS SUBMITTED OUR CURRENT REGULATIONS TO THAT REGISTRY FOR THEIR APPROVAL OR NOT REALLY APPROVAL FOR THEIR KNOWLEDGE SO THAT WE CAN ENFORCE STUFF BECAUSE YOU HAVE HAD WE NOT BUT HAD WE NOT SUBMITTED BY SEPTEMBER 1ST. WE WOULDN'T BE ABLE TO ENFORCE ANYTHING. AM I UNDERSTANDING THAT RIGHT ACTUALLY WAS NOT SUBMITTED BY SEPTEMBER 1ST. IT WAS SUBMITTED JUST A COUPLE OF WEEKS AGO BECAUSE THE STATE DID NOT HAVE A METHOD OF SUBMITTING WHETHER THAT WAS THE EMAIL PHONE CALL FACTS, ANYTHING. THERE IS NOTHING SET UP AND I WORKED WITH JEREMY PAGE TO GET THAT SUBMITTED. THANK YOU SUBMITTED AND WE'RE CURRENTLY ENFORCING OUR ORDINANCE NOW. THAT IS IN PLACE. I JUST WANT TO HIT SOME OF THE HIGHLIGHTS OF THE PROPOSED AMENDMENTS. IRONICALLY ENOUGH, THE STATE OF TEXAS DOES NOT DEFINED FOOD PREPARATION IN ITS CODE OR IN ITS DEFINITIONS, AND ONE OF THE BIGGEST QUESTIONS THAT WERE ASKED WHEN SOMEONE IS WARNING TO OPEN A RESTAURANT OR APPLY FOR A TEMPORARY HEALTH PERMIT IS WHAT DO YOU MEAN BY FOOD PREPARATION, OR I'M NOT PREPARING FOOD? I'M SIMPLY MIXING A SALAD AND SERVING IT HERE. WE DEFINE WHAT FOOD PREPARATION MEANS TO US AS A TEAM, AND THAT'S BASICALLY ALTERING THE FOOD IN ANY WAY, COOKING IT AND SERVING IT TO THE PUBLIC. SO WE'VE DEFINED THAT. ALSO THE PROPOSED AMENDMENTS STREAMLINES OUR PERMIT FEES AND TYPES OF PERMITS. CURRENTLY WE HAVE A MULTITUDE OF PERMITS THAT SOMEONE COULD APPLY FOR. RATHER THAT'S A DAYCARE, A RESTAURANT TO GO OR FAST FOOD PERMIT. INEVITABLY ONE OF OUR BIGGEST QUESTIONS IS WHAT PERMIT DO I APPLY FOR HERE? WE'RE PROPOSING TO STREAMLINE THAT WHERE IT MAKES IT SIMPLE FOR THE CUSTOMER JUST APPLYING FOR A FOOD ESTABLISHMENT PERMIT TO SERVE FOOD TO THE PUBLIC. THERE ARE NO CHANGE NO PROPOSED CHANGES TO PERMIT FEES FOR FOOD ESTABLISHMENTS, PLACES THAT ARE CURRENTLY DOING BUSINESS IN TOWN. ONE THING THAT WE DO
[00:10:03]
PROPOSE TO ADD IS A EXPEDITED TEMPORARY HEALTH PERMIT FEE THAT'S FOR ANYONE THAT IS SUBMITTING A PERMIT LESS THAN SEVEN DAYS PRIOR TO THE EVENT. UH ONE OF THE MAIN REASONS FOR THAT IS WHEN SOMEONE SUBMITS FOR A TEMPORARY HEALTH PERMIT. IT GOES THROUGH REVIEW BY TWO DIFFERENT DEPARTMENTS. IT GOES THROUGH A HEALTH COMPLIANCE REVIEW WHERE WE'RE LOOKING AT THEIR OPERATIONS. WHAT TYPES OF FOODS THERE? CERTAINLY THEY'RE PROPOSING TO SERVE AND COOK THEIR SET UP WHETHER THEY HAVE HANDWASHING STATIONS SET UP FOR SANITARY PRACTICES. UM HOW THEY'RE COOKING WHAT OVERHEAD PROTECTION THAT THEY'RE PROVIDING IF THEY'RE COOKING OUTSIDE AND ONCE IT GOES THROUGH HEALTH COMPLIANCE REVIEW. IT ALSO HAS TO GO TO THE FIRE DEPARTMENT FOR REVIEW FOR SAFETY PRACTICES FOR THE FIRE DEPARTMENT AS WELL. THEY WANT TO SEE WHAT TYPE OF HEAT SOURCE THAT THERE COOKING WITH THEIR OVERHEAD PROTECTION THAT'S PROVIDING IS IT IS IT FAR RETARDED OR FIRE RESISTANCE? SO THAT WAS THE PRIMARY REASON FOR THAT IS THAT IS A LENGTHY PROCESS FOR THE REVIEW. CURRENTLY WE MIGHT HAVE SOMEONE THAT WOULD SUBMIT TWO DAYS PRIOR TO THE EVENT AND WE CAN'T GET THEM PUSHED THROUGH IN A TIMELY MANNER. UH THE ORDINANCE DOES PROVIDE FOR STANDARDS FOR FLOORING AND WALLS WITHIN A FOOD ESTABLISHMENT, AND I'M GOING TO GO OVER THOSE NOW. THE FLOORING IN ANY NEW OR REMODEL FOOD OURSELVES, WHICH SHOULD HAVE CORY OR CERAMIC TOWEL OR ON A POXY CODING OF AT LEAST A QUARTER INCH THICKNESS. THE WALL SHOULD BE LIKE LIGHTING COLORED, SMOOTH AND EASY, CLEAN HERBAL ITEMS SUCH AS STAINLESS STEEL TILE, OR F, R P, OR FABRIC REINFORCED PLASTIC. TO MAKE THOSE EASILY CLAIM ABLE UM. ANOTHER THING THE STATE DOESN'T DEFINE WHERE HAND SINK SHOULD BE LOCATED IN A FOOD ESTABLISHMENT. THEY JUST SAY THAT THEY SHOULD BE READILY AVAILABLE, WHICH IS QUITE AMBIGUOUS. SO WE HAVE DEFINED IT AS 25 INSTRUCTED FEET FROM A FOOD PREPARATION OR WHERE WASHING AREA JUST FOR EASY TO USE FOR THE CUSTOMERS. BECAUSE LACK OF HAND WASHING IS ONE OF THOSE CRITICAL ITEMS THAT WE DO SEE ON OUR INSPECTIONS. UM THE REASON THAT WE WOULD LIKE TO REQUIRE COREY TILE FLOORING OR CERAMIC TILE FLOORING IN A FOOD ESTABLISHMENT IS TWOFOLD. ONE THAT IT AS YOU CAN SEE FROM THE PHOTO ON THE LEFT ANY PAINTED OR STEEL CONCRETE HAS A TENDENCY TO CHIP IF ANYONE HAS EVER BEEN OR WORKED IN THE BACK OF THE HOUSE OF A RESTAURANT, YOU KNOW, THERE'S A LOT OF FOOT TRAFFIC A LOT OF WASHING DOWN OF THE FLOORS FOR CLEAN ABILITY, EQUIPMENT BEING DROPPED ON THE FLOORS, AND THIS IS WHAT IT DOES TO THE FLOORING AND FOOD ESTABLISHMENT THAT CREATES A SOURCE FOR WATER BEING HELD IN THOSE AREAS CREATES A SOURCE FOR FOOD BEING IN THOSE AREAS. WHICH COULD LEAD TO RODENT AND INSECT INFESTATION. AS WELL AS JUST OVERALL SANITATION IN THE BACK OF THE HOUSE. THE SECOND REASON FOR THAT IS SORT OF THE OBVIOUS ONE. IT'S A SLIP AND TRIP AND FALL HAZARDS FOR THE EMPLOYEES THAT ARE WORKING IN THE FOOD ESTABLISHMENT WHEN THE PAINTED OR STEEL CONCRETE WEARS OFF, JUST HAVE EXPOSED CONCRETE UNDERNEATH IT. CONCRETE IS VERY ABSORBENT ANY OILS OR GREASE THAT FALLS ON IT. IT STICKS TO THAT CONCRETE SURFACE. MAKES IT VERY SLIPPERY. THE PICTURE ON THE RIGHT THERE. YOU CAN SEE THAT'S THE NEXT YEAR OF A WALK IN COOLER AREA THAT HAS THE STAINLESS STEEL FLASHING AROUND IT. THAT IS PAINTED OR STEEL CONCRETE. AS YOU CAN SEE, IT'S CHIPPED AWAY, WHEREAS THE COREY TILED FLOORING ON THE EXTERIOR THAT ISN'T STILL IN VERY GOOD CONDITION. RICHARD OR THESE PICTURES ONCE YOU JUST GRABBED OFF THE INTERNET OR THESE REAL ACTUAL FOOD ESTABLISHED MATERIAL MCKINNEY MCKINNEY, SO ARE THOSE ARE THOSE ESTABLISHMENTS CURRENTLY IN THIS SITUATION? AND IF THE ANSWER IS YES, WOULD US ADOPTING THESE RULES FORCED THEM TO CLOSE DOWN UNTIL THEY HAD PROPER FLOORING? IT WOULD NOT IN THE ORDINANCE WE WROTE NEW OR REMODEL. OKAY, SO THEIR GRANDFATHER THEN YES, SIR. OK DUBAI PRACTICE ASKED THEM TO REPAIR THAT. THE TEXAS FOOD ESTABLISHED RULES, AND OUR ORDINANCE DOES SAY THAT A FOOD OURSELVES MUST BE MAINTAINED IN A GOOD, YOU KNOW, WORKING CONDITIONS, SO WE DO ASK THEM TO FIX THOSE CONDITIONS THAT THEY BECOME LIKE THIS. CLOSE THE CIRCLE FOR ME IF THERE'S RESTAURANT A THAT GOES OUT OF BUSINESS, RESTAURANT B. WANTS TO COME IN AND GET A CEO THAN RESTAURANT BE WOULD PROBABLY HAVE TO MAKE THIS UP TO CURRENT CODE BEFORE THEY COULD DO IT. YES, SIR. CORRECT THANK YOU HAVE AN EXAMPLE OF THAT. THIS IS JUST MORE PHOTOGRAPHS. BUT CANADA LONG TO YOUR POINT. WE HAD A RESTAURANT IN THE DOWNTOWN AREA THAT OPENED UP AND THEY CHOSE TO MARKER CURRENT ORDINANCE. THEY CHOSE TO GO WITH A PAINTED OR SEALED CONCRETE FLOOR. I CAN'T REMEMBER WHICH ONE THEY DID, AND[00:15:02]
WITHIN JUST A FEW SHORT MONTHS, THEIR THEIR FLOORING LOOK LIKE THIS, AND WE ASKED THEM TO FIX IT. WELL THEY SAW THE LIGHT AND ENDED UP GOING WITH THE QUARRY TILED FLOOR. UH, SURE, COREY TILE FLOORING IS MORE EXPENSIVE IN THE SHORT TERM, BUT IN THE LONG RUN, IT WILL CERTAINLY SAVE THEM FROM HAVING TO CLOSE DOWN AND GO BACK AND FIX THE FLOORING. SOME ADDITIONAL CHANGES THAT THIS PROPOSED ORDINANCE WOULD WOULD IMPLEMENT RIGHT NOW UNDER CURRENT ORDINANCE WHEN A FOOD ITSELF FAILS AND INSPECTION WHEN I SAY FELL BY 30 DEMERITS OR MORE, THEY ARE ASKED TO CLOSE FOR BUSINESS UNTIL ALL THE CRITICAL VIOLATIONS OR CORRECTED. THERE IS NO SET TIME FRAME FOR THEM FOR CLOSURE. WE ASK THAT THEY PAY THE REINSPECTION FEE THEY'RE ASSIGNED INSPECTOR GOES BACK IN AND DOES THE RE INSPECTION FEE AND ALLOWS THEM TO OPEN WE PROPOSE TO LEAVE THAT THE SAME AS FAR AS A FIRST TIME FAILURE. UM IF A FOOD IS CELLS MINT FILLS A SECOND INSPECTION WITHIN THAT SAME CALENDAR YEAR. WE'RE PROPOSING TO HAVE A KIND OF A TATTOO RATED REINSPECTION PROGRAM THAT SECOND FILLED INSPECTION. WOULD BE 100 AND $50 REINSPECTION THE AS WELL AS A MINIMUM OF 24 HOUR CLOSURE FOR THEM TO CORRECT ALL THOSE CRITICAL VIOLATIONS. WE WOULD ALSO ASK THAT THE BUSINESS OWNER OR MANAGER OF THE RESTAURANT, COME INTO OUR OFFICE, SIT DOWN AND HAVE A ONE ON ONE CONSULTING WELL, A CONSULTATION WITH MYSELF WITH THE ASSIGNED INSPECTOR AND GO OVER THAT INSPECTION REPORT, LINE BY LINE AND GO THROUGH EACH VIOLATION. HAVE THEM DEVELOP A CORRECTIVE ACTION PLAN NOT ONLY FOR SHORT TERM BUT LONG TERM. AS WELL. UM, ADDITIONAL PROPOSAL IS FOR A THIRD FILLED INSPECTION IN THE SAME CALENDAR YEAR IS A $250 REINSPECTION THE AND A MINIMUM OF A 48 HOUR. CLOSURE AND THE SAME IN OFFICE CONSULTATION WITH MYSELF AND THEN ASSIGNED INSPECTOR. NOW BY THE NUMBERS. WE DO NOT HAVE THAT MANY. FOOD ESTABLISHMENT THAT IT FAILED INSPECTIONS. WE HAD 14 LAST YEAR OUT OF 1821 INSPECTIONS THAT WE CONDUCTED. SO OVERALL, THE RESTAURANTS IN MCKINNEY ARE DOING A REALLY GOOD JOB. WE JUST HAVE A FEW THAT MIGHT NEED A LITTLE MORE NUDGING TOWARDS GOOD FOOD SAFETY PRACTICES. THE LAST THING THAT WERE MANY OUT OF THOSE 14 GOT AS FAR AS LIKE A THIRD FAILED INSPECTION. THANK YOU FOR ASKING THAT COUNCILWOMAN . NONE GOT AS FAR AS A THIRD. WE HAD NONE THAT WERE THAT EVER GOT TO THAT THIRD FIELD INSPECTION. THE LAST AMENDMENT TO THE ORDINANCE THAT I WANT TO DISCUSS WAS OUR RISK VIOLATION FEE. WHICH THIS WILL INCUR WHEN THERE IS A REPEAT VIOLATION. FOR THE SAME ITEM FOR THREE CONSECUTIVE INSPECTIONS AT THAT POINT, IF THE INSPECTOR HAS GONE OVER THE SAME ITEM WITH A FOOD ESTABLISHMENT FOR A THIRD CONSECUTIVE TIME, WE FEEL LIKE THERE'S EITHER A COMMUNICATION BREAKDOWN OR THEY'RE JUST NOT LISTENING, AND THEY'RE NOT UNDERSTANDING SAFE FOOD HANDLING PRACTICES. SO BY THE NUMBERS IN 2021, WE HAD 230 BUSINESSES THAT HAD A TOTAL OF 726 REPEAT VIOLATIONS. IN 2022. WE HAD 254 BUSINESSES THAT HAD A TOTAL OF 889. REPEAT VIOLATIONS AND THEN YOU CAN SEE THE 2020 23 NUMBERS. KEEP IN MIND, THOUGH, THAT WE STILL HAVE 2.5 MONTHS LEFT IN THIS YEAR, SO EXPECT THOSE NUMBERS TO ALSO GO UP. THOSE NUMBERS REPRESENT APPROXIMATELY 22 TO 25% OF ALL FOOD ESTABLISHMENTS HERE IN THE CITY OF MCKINNEY AGAIN OVER ALL THE RESTAURANTS ARE DOING A REALLY GOOD JOB. WE JUST HAVE A SELECT FEW THAT NEED ADDITIONAL, YOU KNOW, FOOD SAFETY GUIDANCE, AND WE FEEL THAT THIS RISK VIOLATION THE WOULD COMPEL THEM TO DO THE RIGHT THING. ARE THESE TYPICALLY, UH. ORDER ESTABLISHED RESTAURANTS THAT YOU'RE FINDING THAT HAVE MORE OF THE VIOLATIONS . ARE THESE NEWCOMERS COMING INTO THE COMMUNITY? A LITTLE BIT OF BOTH COUNCILMAN, BUT I WOULD SAY OVERALL, IT'S THE OLDER ONES BECAUSE YOU DO HAVE FACILITIES THAT ARE OLDER AND MAYBE A LITTLE MORE RUN DOWN. LITTLE NEED A LITTLE MORE MAINTENANCE. SO YOU KNOW WITH THAT COMES INSECT AND RODENT INFESTATION AND THINGS SUCH AS THAT IN JUST NEED FOR REPAIRS. DO YOU TYPICALLY ALLOW? I MEAN, JUST BALLPARK BECAUSE I KNOW BASED ON THE TYPE OF VIOLATION, THERE MIGHT BE SOME MORE TIME ALLOTTED TO CORRECT FOR IT BETWEEN US FIRST FILLED INSPECTION AND THEN THE SECOND INDEPENDENT INSPECTION. WHAT IS USUALLY THE TIME LAPSE THERE. COULD YOU? COULD YOU RESTATE THAT IF YOU GO[00:20:05]
TO INSPECT AND YOU FIND ENOUGH VIOLATIONS TO ISSUE FAILURE AND SAY WE'RE GOING TO COME BACK FOR ANOTHER INSPECTION. HOW MUCH TIME TYPICALLY BETWEEN THE FIRST AND THE SECOND INSPECTION, DEPENDING ON THE NATURE OF THE VIOLATIONS. SOMETIMES IT'S THE NEXT DAY LIKE, FOR EXAMPLE, THEY MAY HAVE A REGION COOLER OR A WALK IN COOLER THAT IS DOWN HAS GONE COMPLETELY DOWN AND THEY HAD TO REALLOCATE THE FOOD IN THOSE ITEMS TO ANOTHER REFRIGERATION UNIT. SOMETIMES WE'LL GO BACK THE NEXT DAY. UM OTHER DAYS WE GIVE THEM 7 TO 10 DAYS TO GO BACK ON, DEPENDING ON THE NATURE OF THE VIOLATION. YES, MA'AM. YEP. HERE'S JUST SOME PICTURES OF OUR COMMON VIOLATIONS, YOU KNOW, SEE, WE'VE GOT A LITTLE CROSS CONTAMINATION THERE SOME CHICKEN AND PORK PRODUCTS, ALONG WITH THE MEAT GRINDER AND JUST DIRTY CUTTING BOARD SURFACES THERE. UH MEAT STORED ON THE WALK IN COOLER FLOOR. THESE ARE SOME OF THE SOME OF THE THINGS THAT MY INSPECTOR SEE WHILE OUT IN THE FIELD. UM PICTURE ON THE LEFT THERE. THAT'S BEHIND THAT LARGE, HEFTY TRASH BAG. THAT'S A HAND WASHING SINK. AND THEY'VE THEY'VE POSTED A DO NOT USE SIGN. ON THERE. SO THAT'S THAT'S OBVIOUSLY A BIG CONCERN TO OUR STAFF. AND ON THE RIGHT. YOU CAN SEE SOME RAW GROUND BEEF. I BELIEVE THAT IS WITH A NAPKIN OR TOWEL CLOTH TOWEL OVER THE TOP OF IT AND SOMETHING ELSE THERE. POINT IS ALL OF THAT IS STORED ON THE FLOOR, AND IT'S REQUIRED TO BE SIX INCHES UP OFF THE FLOOR. SO THOSE ARE SOME OF THE THINGS THAT WE SEE WITH REPEAT VIOLATIONS. VERY SIMPLE THINGS LIKE THAT. THAT COULD BE CORRECTED WITH SOME MANAGER OR CONTROL. SO THIS OBVIOUSLY WE HAVE NOTHING TO DO WITH OLDER NEW. THIS IS JUST BETTER SERVICE . THIS HAS NOTHING TO DO WITH OLDER NEW. WE SEE IT IN ALL. ALL CASES. SO WITH THAT THAT CONCLUDES MY PRESENTATION. I WILL STAND BY FOR ANY QUESTIONS ANY ADDITIONAL QUESTIONS THAT YOU MAY HAVE I HAVE ONE, ESPECIALLY AFTER SEEING THAT STUFF. YOU'D PROPOSED THAT THERE WAS A $50 AND YOU CAN GO BACK A COUPLE OF SLIDES BECAUSE I MAY GET THIS WRONG, BUT THERE WAS A $50 FEE IMPOSED FOR REPEAT VIOLATION. PER DEMERIT. SHOULD THAT NUMBER BE HIGHER. I WOULD SEEK YOUR INPUT ON THAT. I WAS KIND OF HESITANT ABOUT, UM THE $50 FEE TO BEGIN WITH, BUT I WOULD CERTAINLY I HAVE I HAVE THE NUMBERS MONETARILY. WHAT? WHAT? SEE WHERE I SAY 726 REPEAT VIOLATIONS FOR 2021. I HAD THE ACTUAL IF WE HAD THE $50 FEE IMPLEMENTED, I HAVE WHAT THAT WOULD COST. WELL, WHAT IS THE AVERAGE NUMBER OF DEMERITS? BECAUSE WHEN WE TALK ABOUT 30 DEMERITS WOULD BE YOU KNOW 1500 BUCKS? YES SO WHAT WAS YOUR QUESTION, MR MAYOR? HOW MANY, UM BASICALLY, THE QUESTION WAS IDEOLOGY, DEMERIT. WHAT IS THE AVERAGE NUMBER OF DEMERITS FOR ONE OF THESE REPEAT VIOLATIONS FOR REPEAT VIOLATIONS? IT ACTUALLY GOES UP FROM WHAT OUR AVERAGE DEMERITS OR FOR ALL THE RESTAURANTS, WE DO. THE AVERAGE DEMERITS IF I PULLED PULLED ALL OF OUR INSPECTION REPORTS FOR THE WHOLE YEAR, THE AVERAGE NUMBER OF DEMERITS IS TYPICALLY AROUND 4.9. WHEN WE GET INTO THE REPEAT VIOLATORS, TYPICALLY MULTITUDES OF THEM AS YOU CAN SEE BY THAT NUMBER ONLY 234 BUSINESSES HAD REPEAT VIOLATIONS , YET THEY ACCOUNTED FOR 726 TOTAL. DEMERITS SO IT KIND OF GOES UP ONCE THEY START HAVING REPEAT VIOLATIONS. THEY HAVE MULTIPLE REPEAT VIOLATIONS, SO AS I SAID, I HAVE THE NUMBERS IF WE ACTUALLY PLUGGED THAT $50 INTO THE 726. REPEAT VIOLATIONS THAT CAME TO $36,300 IN FEES FOR THE LOCAL BUSINESSES. OKAY, BUT OF THE USING TO ME OF THAT, 36,000 WE? WE HAVE 234 BUSINESSES THAT WOULD HAVE PARTICIPATED IN 36,000, RIGHT? YES SO WE'RE TALKING ABOUT 2 34 TO 36,000. WHERE ARE WE THERE A FEW 100 BUCKS. UH YEAH, I DIDN'T . I DIDN'T ACTUALLY RUN THOSE NUMBERS. COUNCILMAN OF WHAT THAT WOULD BE, BUT, YEAH, I THINK SIMPLE CALCULATIONS. YOU'RE CORRECT. WHAT I'M TRYING TO DO IS I WANTED TO BE A MEANINGFUL NUMBER SO THAT. YOU KNOW, BECAUSE WHEN WE GO INTO THESE PLACES WE DON'T KNOW. WHAT'S BEHIND THERE, AND WE'VE GOT FAMILIES AND KIDS AND STUFF GOING IN THERE. I WANT THIS TO BE A MEANINGFUL NUMBER WHERE THEY NEED TO GET THIS FIXED. 20%[00:25:05]
MAY NOT BE A LOT IN YOU KNOW, AS FAR AS RESTAURANTS IN THE U. S THAT HAVE PROBLEMS, BUT IT SEEMS LIKE BAD ODDS TO ME IF I'M TAKING MY GRANDKIDS OUT SO I DON'T KNOW. Y'ALL CHIME IN. BUT $50 SEEMS MORE THAN REASONABLE TO ME AND I HAVE AN APPETITE TO MAYBE GO A LITTLE BIT HIGHER.I'M MAYBE I'M THE ONLY ONE. BUT I'M STILL CONFUSED ON SOMETHING IT'S BECAUSE IT'S $50. PER DEMERIT, DEMERIT AND THE NUMBER THAT YOU JUST GAVE UP. $30,000 WOULD BE ASSUMING THAT IT WAS ONE DEMERIT FOR EACH OF THOSE REPEAT VIOLATIONS. I THOUGHT THAT I THOUGHT THAT THE MERITS OR VIOLATIONS WARRANTED DIFFERENT VIOLATIONS WARRANTED DIFFERENT NUMBER OF DEMERITS. IT DOES, SIR. WHEN I SEE 726 REPEAT VIOLATIONS. UM THAT DOESN'T MEAN IT WAS 726. I MEAN, ONE DEMERIT PER VIOLATION. COULD BE MULTIPLE CORRECT THAT JUDAH WAS $50 TIMES. THE 7 26 WOULD BE $36,000. THAT'S CORRECT, BUT IT'S NOT ONE DEMERIT PROVIDE ELATION, NOT ONE AMERICAN, BUT THOSE ARE THOSE ARE ALL DIFFERENT, VERITABLE VIOLATIONS COMBINED. THEY GO THREE, SO 4.9 IS THE AVERAGE YES, SIR. SO REALLY, WE'RE TALKING ABOUT 100 AND $70,000 OR SOMETHING THAT WE'RE WELL, 4.9 IS THE MAYOR IS THE AVERAGE AMERICAN OVER ALL VIOLATIONS THAT DOESN'T INCLUDE REPEAT VIOLATIONS. I WAS JUST SAYING THAT 4.9 IS THE AVERAGE OF ALL RESTAURANT INSPECTIONS THAT WE DO. I GUESS WHAT I'M TRYING TO GET TO IS, I THINK, I THINK, PATRICK IF I CAN I WANT TO MAKE SURE THAT IT'S ENOUGH OF A PENALTY AND TO ME IF IT'S $50 THAT'S ONE THING, BUT IF IT'S A VIOLATION, THAT'S FIVE DEMERITS IS $250 THAT HAS DIFFERENT MEANINGS TO SOMEBODY. YEAH I AM THINKING OUT LOUD HERE. BUT IF THE IF THE AVERAGE THIRD VIOLATOR HAS TEND TO BEAR ITS THAT'S 500 BUCKS, THAT'S I'D LIKE THAT TO BE A HIGHER NUMBER. THAT THAT'S WHERE I'M AT. SO IF YOU'RE ON YOUR THIRD VIOLATION WITH THESE SAME REPEAT VIOLATIONS THAT MERITED THE NUMBER OF DEMERITS ON THE THIRD TIME, I DON'T HAVE A PROBLEM WITH GOING A LITTLE BIT HIGHER ON THAT, BECAUSE YOU KNOW, THERE'S OBVIOUSLY SOME DELTA AND GETTING YOUR ATTENTION, STAIR STEP EVEN THE SECOND TIME AND THEN THE THIRD TIME THE THIRD TIME 75 OR SOMETHING. WE CAN ALWAYS COME BACK AND REDO IT. I JUST HAVE AN APPETITE TO GET THESE THINGS. UM YOU KNOW, MOVED ALONG, AND IT SEEMS LIKE A FINANCIAL PENALTY ON THE THIRD TIME AND THE CARROT STICK APPROACH. THAT'S A STICK, BUT I'D LIKE A BIGGER STICK THAN 50 BUCKS. THIS SORT OF AN INDUSTRY STANDARD NUMBER OF THIS $50 OR IS THIS SORT OF JUST THIS IS ACTUALLY KIND OF CUTTING EDGE KIND OF KNEW. I DID SURVEY ALL MY SISTER CITIES AND OTHER CITIES AROUND THE METROPLEX. NO ONE IS USING THIS TYPE OF TIGHT TRADED. REINSPECTION PROGRAM. I LIKE IT. I LIKE IT. YES, MA'AM.
YEAH IS IT PART OF WHAT WE HAVE TO SUBMIT TO THE STATE EVERY TIME WE CHANGE? YES SO IF WE SAID IT TODAY, AND WE SUBMIT TO THE STATE THAT THIS IS WHAT WE'RE GONNA DO, AND THEN WE HAVE TO RE ADDRESS THAT WE HAVE TO COME BACK AND SUBMIT IT TO THE STATE AGAIN. YES, SIR. YES, SIR.
SAYING THAT IT'S SO NEW. I'M OKAY WITH $50. ACTUALLY, I DON'T WANT US TO LOOK LIKE A LOT MORE HARSH AGAINST BUSINESSES HERE IN MCKINNEY, I MEAN, DEFINITELY VIOLATION IS PRETTY FORGIVING, BUT. I DON'T WANT US TO GET TOO FAR OUTSIDE OF THE REALMCITIES I DON'T MIND BEING THE GUY WHO.
IT'S A LITTLE TOUGHER ON THIS. I'D RATHER HAVE THE REPUTATION THAT WE DON'T TOLERATE THIS KIND OF THING. UM SO, YOU KNOW, WHEREAS I'M NOT GOING TO DIE ON THIS HILL, I WILL GO WITH 50. IF WE CAN LOOK AT CHANGING IT IF WE DON'T HAVE MUCH IMPROVEMENT HERE , BUT YOU KNOW MY DRUTHERS WOULD BE TO GO TO 100 IF I WAS THE STAR OF THIS ISSUE, BUT I CAN GO EITHER WAY. I'D BE IN FAVOR OF INCREASING IT FOR A THIRD REPEAT VIOLATIONS AND THAT'S WHERE IT ONLY COMES INTO PLAY. YEAH.
RIGHT. EXACTLY WHEN IT COMES IN. THANKS SINCE IT'S RELATIVELY NEW , GO AHEAD AND PASS IT AS YOU PROPOSED AND LET YOU COME BACK TO US AND TELL US HOW IT'S GOING. OKAY WE NEED CHANGES.
WE'RE HAPPY TO DO IT FOR YOU. I CAN CERTAINLY DO THAT AS WELL. CAN YOU SLEEPY THERE? THAT'S FINE, SO WE'LL DO THAT. SO THE DIRECTION IS TO GO WITH WHAT YOU HAVE PRESENTED. AND IF YOU
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DETERMINE THAT IT'S NOT BEING EFFECTIVE, PLEASE COME BACK AND WE'LL CHANGE IT TO $5000 HEARD THAT. YES SO MOVE FORWARD TO THE NEXT REGULAR COUNCIL MEETING. YES, SIR. THANK YOU. THANK YOU ANY OTHER QUESTIONS? I APPRECIATE ALL THE THOUGHT YOU PUT INTO THIS. APPRECIATE YOUR WORKS, OR THAT'S YOU KNOW, VERY GOOD TO KNOW. THANK YOU. COUNCIL MEMBERS WOULD LIKE TO NOTE NONE OF THOSE PICTURES WERE FROM MY PLACE. THANK YOU FOR YOUR TIME. ALRIGHT COUNCIL, THE A'S ON[COUNCIL LIAISON UPDATES regarding city Boards & Commissions]
UPDATES. I GOT ONE PARKS BOARD MET LAST WEEK UNDER THE CAPABLE LEADERSHIP OF MR MULLINS AND, UH, BRUCE MEAT WAS ELECTED TO BE THE PRESIDENT OF THE PARKS BOARD, AND WE HAD A GREAT MEETING. JUST GIVE AIDS CAN OF COURSE TALK ABOUT PROJECTS, BUT WE ARE OVERWHELMED IN THE CITY WITH WITH SUBSTANTIAL PROJECTS BY SUBSTANTIAL COMPANIES AND PLAYERS AND INDUSTRY. THAT ARE VERY, VERY INTERESTED IN MCKINNEY AND. SO IT'S EXCITING TIMES ALSO WAS NICE TO SEE MR CASKEY, OUR NEW PRESIDENT, VDC. HOW YOU HANDLED THE MEETING AND VERY, VERY IMPRESSIVE, MR KOWSKI. BUT OFF THE RIGHT OFF THE BAT YOUR OUT AND RUNNING HARD AND STRONG. THANK YOU.[EXECUTIVE SESSION]
ALRIGHT WITH THAT WE'RE GOING TO MOVE INTO EXECUTIVE SESSION, ACCORDING TO TEXAS GOVERNMENT CODE 55171 CONSULTATION WITH ATTORNEYS AND ANY WORK SYSTEMS. SPECIAL SESSION OF REGULAR SESSION AGENDA ITEM A CRIME CONFIDENTIAL ATTORNEY CLIENTS NECESSITATED BY THE LIBERATION DISCUSSION HAS SAID ITEMS SECTION 551 OF US AND ONE PENDING OR CONTEMPLATED LITIGATION. VICKI BAKER VERSUS CITY OF MCKINNEY, TEXAS. APPEAL NUMBER 22 40644 FOR FIFTH CIRCUIT COURT OF APPEALS IN SECTION 5510. IT'S ONE OF EIGHT EXCUSE ME. 087 DELIBERATION REGARDING ECONOMIC DEVELOPMENT MATTERS, PROJECT HEMISPHERES AND THERE. WILL NOT BE NO ACTION.* This transcript was compiled from uncorrected Closed Captioning.