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a short period of time they cooperate, but as soon as there is a new truck driver it starts all over <br />again. The City would',like something more concrete. Mr. Tallon directed Mr. Blair to send <br />something in writing to the Law Department addressing the trucking concerns. Mr. Blair <br />questioned if someone could give him direction as to how the letter should be worded to make <br />sure they comply with what the City wants. Mr. Dubelko indicated that if the applicant needed <br />assistance with respect to adding verbiage to his lease, regarding truckers parking over night <br />behind the building, the Law Department would be happy to work with him on the language for <br />the lease. W. Brennan questioned if the ordinance on its own could make the tenants responsible <br />for the violations. Mr. Dubelko advised that perhaps ordinances could be enacted in order to <br />impose that liability for negligently permitting the condition to exist on the premises. Presently <br />the ordinance is geared toward the truck driver. Mr. Brennan sugjested that truck drivers <br />changed all the time as well as management teams, with that high of a turn over no one is in place <br />long enough to care about enforcing the ordinance. The residents have to call the building <br />department and at 9:00pm or 10:00pm the building department is not open and the next morning <br />when they are open the truck drivers are gone and the people are left living with the nuisance. <br />Mr. Dubelko indicated that, if the building department was having trouble enforcing the <br />ordinance, the law department would work with them in conjunction with Council meinbers to <br />come up with some type of legislation that would make the owner of the property responsible, in <br />addition, to the individual truck drivers. Mr. Spalding questioned if Babies `R' Us would only be <br />occupying 42,000 square feet of the total structure. Mr. Blair indicated that Babies `R' Us would <br />be using 43,000 square feet of the building. Mr. Spalding inquired as to what would be done with <br />the remaining portion of the building. Mr. Blair commented that the remainder of the building <br />would remain vacant, as currently there is not a tenant, so they would address that portion of the <br />building once a tenant is found. Mr. Spalding questioned where the entrance would be located for <br />the second tenant. Mr. Blair suggested there was an existing entrance, which would be demised <br />off from the rest of the building. It will have its own utilities and have fire protection. Mr. <br />Spalding questioned if the entrance would be located on #he side of the building or in the front. <br />Mr. Blair commented that the entrance would be located on the side of the building. Mr. Tallon <br />opened the discussion to the audience. Mr. Limpert, Councilman for ward 1 indicated that the <br />residents in his ward were glad to see that the building would have tenants and thanked the <br />Planning Commission for addressing the noise issues in the area. He commented that the <br />residents would appreciate any help the commission could give them regarding the noise, <br />dumpsters and trucks. He is concerned about a second tenant having an entrance on the east side <br />of the building and would prefer the second entrance face south. An entrance on the east side of <br />the building would burden the east side residents with noise. Mr. Blair commented that the <br />second tenant would have their entrance on the south side of the building. Councihnan Limpert <br />remarked that he would be happy to sponsor an ordinance regarding owners as well as truckers <br />being held responsible. Councilman McKay indicated that home depot had the same problems <br />with noise even though the ordinance was posted and the residents were asked to call the police <br />department so they could issue tickets. He believes the police will issue one warning to the <br />truckers and then issue tickets thereafter. Mr. Brennan commented that if the storeowners and <br />managers had to start paying nuisance fines out of their pockets they would hire someone to make <br />sure the ordinance is followed. If the owners/management companies are held responsible for the <br />dumpster area, noise nuisance and made to pay the fines when the problems are not addressed by <br />the tenant, then the City would start seeing the problem resolved. <br />3