[(b) Receive a Presentation - Proposed East Hampton Road closure and street...]
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ASSURE ME THAT, UH, HE WILL GET THE RIGHT OF ENTRY AGREEMENTS WITH THE MUDS DONE IN MARCH, APRIL.
SO THAT SHOULD BE IN THE WORKS AS WELL.
OUR INTENT IS TO BID THIS PROJECT IN APRIL AND ESTIMATED START OF CONSTRUCTION IS IN MAY.
THE TOTAL COST OF THIS PROJECT, INCLUDING ALL THE PARKS ELEMENTS, IS ABOUT 1.3 MILLION.
HALF OF IT IS RELATED TO ROAD CLOSURE.
THE OTHER HALF IS RELATED TO THE STREET RECONSTRUCTION, WHICH WE WANT TO GET IT DONE AT THE SAME TIME TO MINIMIZE INCONVENIENCE TO THE RESIDENTS.
WITH THAT, WE'LL BE HAPPY TO ANSWER ANY QUESTIONS.
WE HAVE SEVERAL PEOPLE IN THE QUEUE, UH, SHASHI, I DO HAVE A COUPLE QUESTIONS.
UM, WHEN YOU TALKED ABOUT THIS WOULD BE AN OPPORTUNITY FOR STREET RECONSTRUCTION AS WELL? YES, SIR.
SO EAST HAMPTON, THE INITIAL PICTURE THAT YOU HAD UP THERE, WILL THAT BE WIDER OR ARE YOU JUST TALKING ABOUT WHICH PORTION OF IT IS? YOU SAID THIS, THIS MAY HELP US TO DO SOME STREET CONSTRUCTION.
IF YOU CAN SEE ON YOUR SCREEN THE HATCHED PORTION.
THE DOTTED PORTION, THAT IS THE PIECE OF THE ROADWAY THAT'S IN THE BAD SHAPE.
SO WHILE WE ARE DOING THE ACCESS, UH, UH, WE ARE GONNA RECONSTRUCT THAT PIECE.
SO IT INCLUDES HAMPTON AS WELL AS, UH, SOUTH CATHY AVENUE.
THAT'S THE SECTION OF THE ROADWAY THAT'S GONNA BE RECONSTRUCTED.
NUMBER TWO WAS THE SOUTH CATHY AVENUE.
WHEN YOU'RE COMING TOWARDS EAST HAMPTON CIRCLE, I REMEMBER THERE WAS SOME DISCUSSIONS IN THE, IN 2022 REGARDING LIKE TRASH TRUCKS TO BE ABLE TO COME THROUGH SOUTH CATHY AVENUE AND BE ABLE TO MAKE THE U-TURN INSTEAD OF KIND OF GOING BACKWARDS.
IS THAT IN THIS PLAN? SO IF YOU LOOK AT THE SOUTH CAT AVENUE, THE EXHIBIT THAT YOU HAVE THAT LITTLE BULB OR THE CUL-DE-SAC, WE'VE MADE SURE THE RADIUS OF THAT IS MADE SURE FOR A TRUCK TO MAKE A TURN.
OUR DESIGN CONSULTANTS ARE ENSURED US THAT THE RADIUS THAT THEY'RE PROVIDING ARE PROPOSING WILL FACILITATE THE TURN FOR THE GARBAGE TRUCK OR SCHOOL BUS OR EVEN A BIG TRUCK.
QUESTION NUMBER THREE IS THE, DOES THIS ONLY THING, DOES THIS TAKE AWAY ANY FIRE, FIRE OR POLICE RESPONSE TIME? NO.
AND WE'VE HAD THIS CONVERSATIONS WITH POLICE AND FIRE.
THEY DON'T THINK THAT THIS WILL ANYWAY INHIBIT THE RESPONSE TIME BECAUSE IT'S GONNA BE AN AUTOMATED GATED AXIS.
I KNOW THE, WE HAVE REPRESENTATIVES FROM THE FIRE AND THE POLICE DEPARTMENT HERE AS WELL.
SO WHEN YOU SAY THE GATE, I SEE THE AUTOMATIC ON THE SCREEN AUTOMATED EMERGENCY ACCESS GATE.
WHERE IS THE OTHER PORTION OF THE GATE? THE OTHER PORTION.
WE DON'T NEED A GATE THERE BECAUSE WE'RE GONNA TRUNCATE SOUTH CATHY AVENUE AS A CUL-DE-SAC AND THE REMAINING PAYMENT WILL BE REMOVED.
SO THERE WILL BE NO PHYSICAL CONNECTION BETWEEN SOUTH CATHY AND EAST HAMPTON.
SO THERE'S NO NEED FOR A GATE.
MY LAST QUESTION TO YOU IS RESIDENT RESIDENCE NOTIFICATION AS WELL AS THESE WAREHOUSES THAT ARE TODAY THAT HAVE TRUCKS GOING THROUGH OR WHOEVER'S GOING THROUGH.
SO HOW WILL, HOW IS THAT GONNA BE MANAGED? BECAUSE I'VE NOTICED THAT THE CONSTRUCTION WILL TAKE PLACE IN SOMETHING OF MAY, 2024.
SO THERE'S TWO PARTS TO THE QUESTION.
FIRST, THE RESIDENT NOTIFICATION MAYOR, UH, AS YOU'RE AWARE, WE'VE HAD SEVERAL MEETINGS WITH THE HOA, BUT THERE IS ANOTHER SPECIFIC MEETING ON MARCH 12TH TO PRESENT THIS FINAL PLAN.
SO RESIDENTS WILL BE NOTIFIED AS FAR AS BUSINESSES, THE TRUCKS ARE NOT SUPPOSED TO COME ON EAST HAMPTON NOT SUPPOSED TO GO ON SOUTH CATHY AVENUE.
SO THEY'RE INGRESS AND RESS FOR THE TRUCKS IS STILL AVAILABLE ON EAST HAMPTON, BUT THEY'LL HAVE TO GO THROUGH FRAN.
UH, BUT THIS PLAN HAS BEEN IN THE WORKS FOR MONTHS.
UM, SO OUR, UH, UH, UH, REVIEW, UH, PORTION OF THE, UH, FROM THE ENGINEERING SIDE AS WELL AS DEVELOPMENT SERVICES, UH, IT'S BEING, IT'S BEING COMMUNICATED TO.
THE DEVELOPERS ALSO WILL HAVE TWO PUBLIC HEARINGS AS PART OF THE ORDINANCE COMING IN MARCH.
AND AGAIN, THOSE ARE REVENUES FOR US TO DECIMATE THIS INFORMATION TO THE PUBLIC.
I'LL GO AHEAD AND YIELD, UH, RECOGNIZING COUNCIL MEMBER RILEY.
THANK YOU SHASHI FOR, UM, Y'ALL'S WORK ON THIS PROJECT.
I HAVE A QUESTION IN REGARDS TO THE, THE WAREHOUSE THAT'S RIGHT THERE.
THEY JUST BUILT A NEW DRIVEWAY, UM, IN THAT PARTICULAR AREA.
AND SOME OF THE RESIDENTS WERE CONCERNED THAT, THAT THERE IS A NEW DRIVEWAY THAT WAS BUILT ON THAT PARTICULAR BACKSIDE OF THEIR, WHAT HAPPENS TO THEIR ACCESS TO BEING ABLE TO EXIT OUT OF THEIR WAREHOUSE.
SO IF YOU CAN SEE THE MAP THERE, COUNCIL MEMBER, UH, THE YELLOW PIECE IS THE WAREHOUSE.
SO THEY HAVE BUILT ALL THEIR DRIVERS, AS FAR AS I KNOW.
SO THEY, THEY STILL HAVE ACCESS FROM EAST HAMPTON THAT'S NOT CUT OFF, BUT THE TRUCKS OR VEHICLES CAN GO INTO EAST HAMPTON ON THE WEST, THEY'LL ALL HAVE TO COME TO THE EAST.
SO THEIR ACCESS TO THE WAREHOUSE OR TO EAST HAMPTON IS NOT INHIBITED.
THE ONLY THING THAT'S GONNA MATTER IS THOSE VEHICLES CAN'T GO WEST.
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THEY'LL ALL HAVE TO GO EAST.SO ARE, ARE YOU FAMILIAR WITH THE NEW DRIVEWAY THAT THEY PUT OVER THERE? I AM.
AND, UH, MAYBE, UH, THE CONSULTANT, JEREMY, IF YOU CAN HELP ME AS WELL.
I THINK THE NEW DRIVEWAY YOU'RE REFERRING TO THE DRIVEWAYS, WHICH CAME TO THE WESTERN CORNER OF THAT WAREHOUSE, UH, RIGHT AT THE EDGE.
AND I CANNOT POINT IT HERE, BUT IT'S, IT'S IN BETWEEN EAST HAMPTON AND KATHY.
YES, I WAS THERE THIS MORNING.
SO I HAVE SEEN THAT NEW DRIVING, YES.
SO WHERE THE CLOSURE IS TAKING PLACE.
CAN YOU, CAN YOU EXPLAIN THAT FOR, OKAY, SO LET ME GO BACK INTO THIS ONE HERE WHERE THE CLOSURE IS TAKING PLACE.
IF YOU SEE THAT THE WAREHOUSE IS ALL LOCATED ON THE EAST SIDE OF CATH.
SO THE VEHICLES COMING OUT OF THE WAREHOUSE CAN'T GO LEFT OR WEST, BUT THEY HAVE AMPLE OPPORTUNITY TO GO EAST INTO EAST.
SO THEY'LL STILL BE ABLE TO GO TURN RIGHT OUT OF THERE ON EAST HAMPTON? CORRECT.
TRAVEL BACK DOWN TO, TO GET TO FRE.
RECOGNIZING COUNCIL MEMBER BONY.
UH, SHASHI, THANK YOU FOR THE PRESENTATION.
UH, FIRST, UH, IS, UH, WHAT IMPACT WILL THIS HAVE ON ENTRY EXIT INTO THE COMMUNITY AND ACCESS TO THE PARK WHILE THIS CONSTRUCTION IS TAKING PLACE? UM, RIGHT NOW THERE'S NOT A WHOLE LOT OF USE ON THAT PIECE OF LAND.
UH, BUT I THINK WHAT THIS WILL DO IS ONCE WE BUILD THOSE ACCESS, AGAIN, I FAILED TO MENTION THIS ONE, THERE IS GONNA BE ADDITIONAL PARKING AND LIGHTING AS YOU SEE THERE.
IT WILL PROVIDE MORE ACCESS, MORE OPPORTUNITIES TO USE THE PARKLAND.
CURRENTLY, THERE'S RARELY ANY USE OF THIS LAND AT THIS POINT, BUT PROVIDING THIS ACCESS, PROVIDING THIS PARKING AND THE LIGHTING WILL JUST ENHANCE USE OF THE PARKS PROPERTY AND TIMEFRAME WISE, AS FAR AS THE CONSTRUCTION OF THE STREETS AND ALL OF THAT, NOT THE PARK ITSELF, BUT WE HAVE NOT BID THIS PROJECT, BUT A PROJECT OF THIS NATURE PROBABLY WOULD TAKE ABOUT SIX MONTHS TO CONSTRUCT.
UM, YOU MENTIONED THE MUD INVOLVEMENT, UM, AND THANKS FOR HAVING CONVERSATIONS WITH THEM IN ADVANCE.
UH, WHICH MUD IS IT AND, AND, UH, HAVE ANY AND ALL ISSUES WHERE THE MUD HAS OVERSIGHT, UH, AND THAT WE NEED THEIR SIGN OFF BEEN RESOLVED? I COULD NOT REMEMBER THOSE NAMES.
SO THE FIRST MUD IS THE HARRIS COUNTY, WCID FONDANT ROAD WASTEWATER TREATMENT PLANT MUD.
THAT'S THE FIRST MUD, THE, THE PLANT THAT YOU SEE THERE AT THE EDGE OF THE PICTURE.
AND THEN THERE'S ANOTHER ONE WHICH GOES WAY SOUTH, WHICH HAS THE ACCESS FROM EAST HAMPTON, AND THAT'S THE SOUTHWEST HARRIS COUNTY MUD NUMBER ONE.
AND, UH, OUR DESIGN CONSULTANTS HAVE BEEN, UH, INTERACTING AND WORKING WITH THEM.
I DON'T KNOW IF YOU CAN SEE ON THE PICTURE, UH, THERE WILL BE SLIGHT MODIFICATION TO THE ACCESS ROAD COMING OFF OF EAST HAMPTON INTO THEIR PROPERTY.
AND, UH, THEY HAVE AGREED TO THAT.
BUT THEN WE WILL HAVE THAT FORMALIZED IN A RETURN AGREEMENT, BUT OUR ENGINEERS HAVE MET WITH THEM AND, UH, THE MUD HAS NO ISSUE TO THAT ONE.
UH, ALSO, UM, YOU KNOW, TALKED ABOUT THE, UH, AUTOMATED EMERGENCY ACCESS GATE.
WHO ALL WILL HAVE ACCESS TO THAT? UH, AT THIS POINT WE'RE LOOKING AT POLICE AND FIRE.
IT'S NO DIFFERENT THAN A GATED COMMUNITY, LIKE A GATED A ACCESS, BUT WE'RE MAKING SURE THAT IT, THERE IS ENOUGH ELIMINATION AND THINGS LIKE THAT.
SO ANYBODY, UH, CANNOT RUN INTO THAT GATE.
SO YOU HAVE, UH, ADEQUATE LIGHTING AND ELIMINATION OR WHAT WE, WHAT WE CALL THE REFLECTION ON THE GATE SO THAT, UH, AN AVERAGE TRAFFIC CAN GET INTO IT, BUT POLICE AND FIRE HAVE THE ACCESS TO GET INTO THOSE GATES.
MY LAST QUESTION IS, UH, CAN YOU EXPLAIN WHAT THE, UM, ROAD CLOSURE ORDINANCE IS GOING TO CONTAIN CONSIST OF? THAT'S PROBABLY, UH, EJO QUESTION.
THE ROAD CLOSURE ORDINANCE WILL INCLUDE A DESCRIPTION OF THE LAND, UH, OR THE AREA THAT IS BEING CLOSED.
IT WILL ALSO PROVIDE AND RETAIN FOR THE CITY RIGHTS OVER THE PROPERTY, UNDER THE PROPERTY IN CASE THERE'S SOME FUTURE USE THAT'S NEEDED BY THE CITY FOR THE CLOSURE.
SO THAT'S, UH, IN EFFECT WHAT IT, IT WILL CONTAIN.
RECOGNIZING COUNCIL MEMBER BROWN MARSHALL.
UM, JUST A COUPLE OF QUESTIONS FOR YOU.
YOU SAID TO IMPLEMENT THE RECOMMENDATIONS FROM THE TRAFFIC STUDY WERE THE, UH, ROAD CLOSURE AND THE AUTOMATIC TRAFFIC GATE.
WERE THOSE THE ONLY TWO RECOMMENDATIONS THAT WE RECEIVED? WELL, ANY STUDY LOOKS AT POSSIBLE OPTIONS.
YOU KNOW, THE REC, ONE OF THE RECOMMENDATIONS FROM THEM WAS TO CONSIDER A ROAD CLOSURE.
UH, AND THAT IS MORE, AND ALSO LOOK AT THE POTENTIAL ACCESS TO THE NEW PARKS PROPERTY.
SO THE CONCEPT THAT WE HAVE PRESENTED TO YOU IS A RECOMMENDATION COMING OUT OF THE TRAFFIC STUDY JIVING INTO THE PARKS DEVELOPMENT PLAN AS WELL.
BUT THAT WAS THE ONLY RECOMMENDATION THAT THEY MADE.
WELL, THERE WERE OTHER OPTIONS ALSO THEY RECOMMENDED, BUT THIS WAS ONE OF THE OPTIONS THAT THEY GIVE US, GAVE US TO, UH, IMPLEMENT
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CONSIDERING THAT NOW THAT WE ARE THE CITY HAS ACQUIRED THE PARK PROPERTY.UM, MY SECOND QUESTION IS AROUND THE IDEA OF THE VETTING, THE, THE VENDING, UM, JUST LOST MY TRAIN OF THOUGHT.
THE, UH, CONSTRUCTION, UM, THE VETTING PROCESS FOR THE, UH, VENDORS TO BE ABLE TO BID, IT SEEMS HERE THAT WE'RE GONNA PROVIDE ABOUT 30 DAYS FOR THE BID PROCESS.
AND LET ME EXPLAIN THAT A LITTLE BIT.
COUNCIL MEMBER, THE, I BELIEVE THE STATE'S MINIMUM IS TWO WEEK, BUT WE GO ABOUND BEYOND THAT, WE DO THREE WEEKS, OBVIOUSLY WE CAN DO MORE, BUT THAT'S GONNA IMPACT THE PROJECT DURATION AND SCHEDULE.
UH, AND THAT'S MORE DICTATED BY OUR PURCHASING DEPARTMENT.
UH, AS FAR AS I'M AWARE, MOST CITIES AND MOST ENTITIES FOLLOW THE THREE WEEK, THREE WEEK NOTIFICATION.
AND THIS IS A SMALL TO A MEDIUM SIZED PROJECT.
I BELIEVE THREE WEEKS IS MORE THAN ADEQUATE TO ADVERTISE AND BUILD THIS PROJECT.
IF I THINK YOU'RE GOING, UM, WHERE YOU'RE GOING WITH THAT IS BASED ON THE MOST RECENT DISPARITY STUDY.
THIS IS ONE OF THOSE KIND OF PROJECTS THAT WE WOULD BE LOOKING AT.
AND THAT COULD BE ONE OF THE OPTIONS COMING OUT OF THAT TO EXTEND THE TIMEFRAME FOR BIDS TO COME IN, ESPECIALLY ON THOSE PROJECTS OF THE SIZE THAT WE COULD GET, UM, SOME OF THE PARTICIPATION FROM THOSE, UM, ENTITIES THAT ARE DISPARATE.
THAT'S EXACTLY WHERE I WAS GOING WITH IT.
UM, 'CAUSE I'D LIKE TO GET US TO A POINT WHERE WE HAVE MORE OPPORTUNITY TO SEE AND TO HEAR FROM MORE VENDORS THAN JUST THE SAME ONES THAT WE TYPICALLY HEAR.
UM, RECOGNIZING, COUNCILMAN ANSWERED THE QUESTION ABOUT LIGHTING AROUND THE GATE.
WHO MAINTAINS THAT GATE? IT WOULD BE THE CITIES TO MAINTAIN CITY.
AND THEN ARE THERE ANY FAIL SAFES AROUND THERE? IF SOMEONE WOULD RUN INTO THE GATE OR SOMETHING AND CREATE A PASS THROUGH? COUNCIL MEMBER? WE'RE, NUMBER ONE CONCERN IS PUBLIC SAFETY.
WE OBVIOUSLY WANT TO MAKE SURE THAT THE GATE IS VISIBLE IN THE NIGHT AND, UH, WE'RE LOOKING AT ALL POSSIBLE MEANS SO WE CAN ELIMINATE IT WITH THE REFLECTOR SO THAT IT'S VISIBLE, UH, TO AN AVERAGE RESIDENT WHO'S DRIVING THROUGH THAT INTERSECTION.
AND THEN, I KNOW WE'RE STILL WORKING THROUGH FUNDING OF THE PARK AND WE HAVE A REALLY GREAT PLAN FOR THE PARK.
DOES IT MAKE SENSE TO SHUT THIS STREET DOWN NOW? OR DO WE WAIT TILL WE GET CLOSER TO THE COMPLETION OF THAT PARK? I, I MEAN, WHAT'S THE RUSH IS MY QUESTION IF WE DON'T HAVE A PLAN ON THE PARK YET.
WELL, THE, THE IDEA OF WHAT WE'RE DOING FOR THE PARK NOW IS, UH, YOU KNOW, THIS CONCEPT WAS THERE EVEN BEFORE WE ACQUIRED THE PARK'S PROPERTY.
WE JUST HAD TO TWEAK IT TO MAKE SURE THAT, UH, THIS CONCEPT DRIVES WITH THE OVERALL DEVELOPMENT OF THE PARKS.
BUT I THINK IT'S A GREAT, UH, PARTNERSHIP OR AN OPPORTUNITY THAT WE HAVE DEVELOPED AS SUCH.
WE'RE DOING THE ROAD CLOSURE CITY HAS THIS PROPERTY AND WE HAVE THE FUNDING.
SO WHY PUT THIS NOT PUT THIS PROPERTY TO USE? UH, PARKS CAME UP WITH A VERY GREAT IDEA.
WE'RE PUTTING A WALKING TRAIL, WHICH IS IN, UH, LINE WITH THE PARK'S MASTER PLAN.
WE CAN ALWAYS COME BACK AND DEVELOP THIS PARK AS FUNDING ALLOWS.
SO, BUT I THINK THIS IS A GREAT WIN-WIN OPPORTUNITY.
ALRIGHT, RECOGNIZING COUNCIL MEMBER EMERY, WHAT, UH, PARTICIPATION, IF ANY, DID MUD, THE MUD HAVE BEEN? UH, EITHER FUNDING OR, UH, UH, I, I'M NOT SURE IF THERE'S, THEY WERE GIVING UP ANY RIGHT OF WAY OR ANYTHING FOR THE, UH, NOT, THEY'RE NOT PARTICIPATING IN FUNDING, BUT THEY'RE DEFINITELY HELPING US BY PROVIDING A DIFFERENT ACCESS.
HAD THEY NOT MOVED THE ACCESS, UH, THIS WOULD'VE BEEN VERY DIFFICULT TO IMPLEMENT.
SO THEIR PARTICIPATION IS PROVIDING THE NEW ACCESS OR MODIFICATION, MODIFYING THE ACCESS AND GIVING US THE CONSTRUCTION EASEMENTS.
I I PLACED MYSELF ON THE QUEUE ONE MORE TIME, JUST SO, UM, TO BE CLEAR, UH, IT'S NOT NO, NO QUESTIONS TO ANYONE.
I THINK CITY MANAGER NOR HERE IN 22 WHEN THIS WAS BROUGHT UP, THIS WAS ACTUALLY BROUGHT UP BY THE CITIZENS OF THAT NEIGHBORHOOD, THE WHOLE NEIGHBORHOOD, ESPECIALLY, UH, EAST HAMPTON CIRCLE.
AND THEIR NUMBER ONE COMPLAINT, IF YOU LOOK AT THE FIRST PICTURE WAS CARS ARE PARKED ON SIDEWALKS AND THESE TRUCKS ARE GOING THROUGH TO GET TO FONDANT RIGHT.
THROUGH USING THAT EAST HAMPTON.
AND I GET THAT THE WAY THAT THE BUILDUP OF THE WAREHOUSE SITUATED AT THAT TIME, THAT THAT WAS THE WAY THAT EVEN THOUGH THERE'S A SIGN THAT SAYS NO TRUCKS ALLOWED, UH, THEY'RE DOING IT AMAZON, ALL THESE OTHER PLACES THAT HAVE BEEN DOING.
SO THIS IS NOT SOMETHING THAT THE CITY COUNCIL DIRECTED STAFF TO DO, BUT RATHER THAN, SO THROUGH SEVERAL COMMUNITY MEETINGS, SEVERAL THINGS THAT THE NEIGHBORS
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CAME THROUGH.AND THAT'S HOW THIS ENDED UP GOING WITH TO, UH, CITY ATTORNEY AND, AND TO PUBLIC WORKS DIRECTOR TO, TO KIND OF TALK ABOUT THIS.
AND I'M GLAD TO SEE THAT THIS IS COMING TO FRUITION WHERE IT IS.
AND I ALSO, I THINK YOU TALKED ABOUT THE, UH, TRAIL THAT'S AROUND THERE.
I THINK IT IS A, UH, BASICALLY A STEP ONE AND JUST TO MAKE SURE THAT PROCESS DO GO THROUGH.
SO TO ALL OF THOSE, UM, AND I KNOW THAT COUNCIL MEMBER, UH, CHERYL STERLING HAD A PIECE IN IT, COUNCILOR RILEY.
NOW, UH, THIS HAS BEEN SOMETHING THAT THE COMMUNITY HAS BEEN HEAVILY WANTING.
UM, AND THEY WERE JUST TIRED OF THOSE WEAR AND TEARS OF THOSE STREETS.
AND NOT ONLY TO MENTION THE, THE SIDE MIRRORS AND ALL OF THAT'S BEING KNOCKED DOWN BY TRUCKS.
SO THERE'S SEVERAL OF THOSE COMPLAINTS AS WELL.
SO I JUST WANTED TO PUT IT OUT THERE.
UH, THERE'S BEEN A MOTION BY COUNCIL MEMBER RILEY, THERE'S NO MOTION ON THIS.
THERE'S NO MOTION ON THIS, RIGHT? NO, THE THOUGHT.
SO JUST THE NEXT STEP WILL BE COMING BACK TO YOU MAYOR AND COUNSEL FOR THE ROAD CLOSURE ORDINANCE.
AND THEN WE'RE GONNA BID THIS JOB AND THEN, UH, THE AWARD OF CONTRACT WILL BE COMING FOR YOU IN, IN THE NEAR FUTURE AS WELL.
JUST A QUICK QUESTION, WHEN WILL THAT BE? THE ORDINANCE IS ON THE MARCH 4TH, UH, AGENDA.
THE SECOND READING IS ON MARCH 18TH.
AND THE PUBLIC HEARINGS ARE ON THOSE TWO DATES AS WELL.
[(c) Receive a Presentation and Give Direction to Staff - Proposed changes ...]
FOUR C IS TO RECEIVE A PRESENTATION AND GIVE DIRECTION TO STAFF PROPOSED CHANGES TO THE CITY'S NOISE ORDINANCE.WE HAVE A PRESENTATION BY JASON MANCOM, OUR ASSISTANT CITY MANAGER.
GOOD EVENING, MAYOR AND COUNCIL.
IT'S A PLEASURE TO BE WITH YOU TONIGHT.
UM, WE ARE HERE TO, UM, PRESENT POTENTIAL CHANGES TO THE CITY'S NOISE ORDINANCE AND RECEIVE DIRECTION FROM, UH, COUNCIL ON ON THIS POLICY AND SO WE CAN MOVE FORWARD.
UH, OUR GOAL, UM, I WORKED WITH, UH, CHIEF HARRIS, UH, CITY MANAGER JONES, UH, AND SEVERAL OTHER DEPARTMENTS TO, TO LOOK AT SOME OF THESE THINGS.
AND OUR GOAL WAS TO CREATE A TOOL FOR MANAGING NOISE POLLUTION, CREATING HEALTHY AND LIVABLE ENVIRONMENTS IN CONTRIBUTING TO THE OVERALL WELLBEING OF THE CITY AND OUR RESIDENTS, WHICH FALLS IN LINE WITH THE COUNCIL PRIORITY OF CREATING A GREAT PLACE TO LIVE.
NOW, A LITTLE BIT OF BACKGROUND.
UM, THERE'S ESSENTIALLY FOUR DIFFERENT TYPES OF NO NOISE ORDINANCES THAT CITIES CAN ADOPT.
AND, AND A LOT OF CITIES HAVE A COMBINATION OF, OF THESE FOUR, THERE'S THE NUISANCE STANDARD OR SOMETIMES CALLED THE REASONABLE PERSON STANDARD.
UH, THAT IS WHAT MISSOURI CITY CURRENTLY HAS.
WE HAVE ZONING RESTRICTIONS, SO DIFFERENT, UH, LEVELS OR DIFFERENT TYPES OF STANDARDS BASED ON WHERE THE ZONING IS.
UH, SOMETHING CALLED THE PLAINLY AUDIBLE STANDARD.
AND THEN THE DECIBEL BASED RESTRICTIONS.
WHEN WE FIRST STARTED THIS, OUR INITIAL THOUGHT WAS WE WOULD, UH, IMPLEMENT SOME SORT OF ZONING RESTRICTIONS WITH DECIBEL STANDARDS.
THAT WAS KIND OF HOW WE WERE LOOKING AT, LOOKING AT OUR DIFFERENT TYPES OF ZONING AND WHAT TYPES OF DECIBELS SHOULD OR SHOULDN'T BE ALLOWED IN THOSE, UH, AREAS.
HOWEVER, UM, WE WERE LOOKING AT OUR STATISTICS AND IN 2024, THIS IS FISCAL YEAR 2024.
SO FAR, UH, WE'VE HAD 265 COMPLAINTS FROM 220 DIFFERENT LOCATIONS.
UH, THE MOST FREQUENT COMPLAINTS ARE, UH, PARTY TALKING IN MUSIC.
AND WE, WE HAVE, UH, THE STATISTICS FROM THE LAST COUPLE OF YEARS AS WELL.
UM, AND IT FINDS IT A, A PRETTY, PRETTY SIMILAR, UH, RESULTS.
WE ALSO LOOKED AT SOME NATIONAL RESEARCH.
UM, THERE WAS A STUDY THAT ANALYZED NOISE ORDINANCES FROM 491 OF THE LARGEST COMMUNITIES IN THE UNITED STATES.
AND, UH, IT LOOKED LIKE 85% OF THE COMMUNITY'S RESEARCH UTILIZED THE NUISANCE STANDARD OR THE REASONABLE PERSON STANDARD.
AND THAT IS WHAT A REASONABLE PERSON WOULD FIND OFFENSIVE.
65% OF THE COMMUNITIES HAD RESTRICTIONS BASED ON ZONING.
61 COMMUNITIES EMPLOYED A PLAINLY AUDIBLE RESTRICTIONS AND 55 ORDINANCES HAD A DECIBEL LEVEL STANDARD.
UH, THE RESEARCH SHOWS THAT, UH, THE, THE DECIBEL LEVEL STANDARDS WERE, UH, THE MOST DIFFICULT TO ENFORCE.
AND THERE WAS A LOT OF DIFFERENT FACTORS, UH, INCLUDING TRAINING, CALIBRATION OF THE, UM, NOISE METERS AND, AND THEN EXTERNAL FACTORS, EXTERNAL NOISE.
WE DID SOME LOCAL RESEARCH TALKING TO OTHER CITIES IN OUR AREA AND IN TEXAS.
AND THEY FOUND, UH, VERY SIMILAR, UH, THINGS DIFFICULT TO ENFORCE.
UH, CITATIONS WERE NOT HOLDING UP IN COURT.
THE DECIBEL READER ENDED UP BEING ON TRIAL VERSUS THE OFFENDING PARTY.
UM, AND MULTIPLE CITIES THAT WE CONTACTED WERE MOVING AWAY FROM THE DECIBEL LIMITS AND REINSTITUTING A NUISANCE STANDARD.
SO WE ACTUALLY TALKED TO SEVERAL CITY MANAGERS, UM, POLICE CHIEFS AND, AND CODE CODE, UH, ENFORCEMENT OFFICERS WHO, WHO SAID THEY WERE, THEY WERE MOVING AWAY AND THEY'RE GOING BACK TO THE REASONABLE PERSON OR THE NUISANCE STANDARD.
SO STAFF, AFTER, UH, DOING THIS RESEARCH, AND AGAIN, WE'RE HERE TO RECEIVE DIRECTION FROM YOU, BUT, UM,
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OUR, WE, WE ARE COMING TO YOU WITH A RECOMMENDATION, UH, OF STAYING WITH OUR NUISANCE SLASH REASONABLE PERSON STANDARD.WITH THE FOLLOWING ADJUSTMENTS, WE WOULD LIKE TO ADD THE, THE AREA IN BLUE WHERE WE SPECIFICALLY, UM, HIGHLIGHT THAT IT IS A REASONABLE PERSON, A REASONABLE PERSON WITH OR ORDINARY SENSIBILITIES.
UM, AND THEN WE'RE WORKING WITH, UH, THE PD, UM, AND, AND WAYS TO HELP THEM.
AND, AND SO THEY CAN HAVE A, A STARTING POINT, A BASELINE FOR THEIR TRAININGS.
WE WANTED TO ADD OR ADD IN THE FOLLOWING SECTION, WHICH, UH, HIGHLIGHT SOME FACTORS FOR DETERMINING WHETHER A, A SOUND, A SOUND IS LOUD, UM, OR UNNECESSARY.
UM, AND THOSE INCLUDE THE PROXIMITY OF SOUND TO SLEEPING FACILITIES, LAND USE.
SO IS IT COMING FROM COMMERCIAL OR INDUSTRIAL OR RESIDENTIAL? UH, THE TIME OF DAY OR NIGHT THE SOUND OCCURS.
THE DURATION OF THE SOUND, THE NUMBER OF REASONABLE PERSONS OF ORDINARY SENSIBILITIES WITHIN THE VICINITY, UM, WHO ARE ANNOYED OR DISTURBED, THE NOISE LEVEL, UM, ABOVE THE AMBIENT NOISE, INCLUDING TRAFFIC AND WHETHER SOUND HAS BEEN ENHANCED IN VOLUME OR RANGE BY ANY TYPE OF ELECTRONIC OR MECHANICAL MEANS.
AND THEN WHETHER THE SOUND IS, UH, RECURRENT, INTERMITTENT OR CONSTANT.
THOSE ARE THE, UH, RECOMMENDATIONS THAT WE'RE MAKING.
UM, AND THEN ADDITIONAL STEPS WE WOULD DO AFTER DOING THIS ORDINANCE, AFTER, UM, UM, IMPLEMENTING THIS ORDINANCES, WE WOULD LOOK AT, UH, OUR DESIGN STANDARDS FOR SCREENING MATERIALS THAT CAN BE USED TO REDUCE NOISE LEVELS BETWEEN LAND USES, BETWEEN, UH, ZONING USES.
AND CHIEF AND I ARE HERE TO ANSWER ANY, UH, QUESTIONS THAT YOU MAY HAVE ABOUT OUR RECOMMENDATIONS.
CAN I SAY SOMETHING REAL QUICK BEFORE YOU GUYS HAVE QUESTIONS? YES, PLEASE.
SO, SEVERAL MONTHS AGO WHEN WE FIRST CAME TO YOU WITH THE, UH, THOUGHT OF CHANGING IT TO A DECIMAL READING, I WAS UNDER THE IMPRESSION THAT WAS GONNA BE THE IDEAL SOLUTION.
BUT, UM, LIKE JASON MENTIONED, THERE ARE MANY PROBLEMS WITH THE DESAL READING AS FAR AS THE, UH, DESAL READER BECOMES THE WHAT'S ON TRIAL.
UM, WE TALKED TO OTHER AGENCIES THAT WENT TO THE DESAL READING AND THEY'VE HAD ISSUES WITH IT.
THE, UH, TRAINING WAS CHALLENGED, THE CALIBRATION WAS CHALLENGED, WHERE THE SOUND WAS MEASURED WAS CHALLENGED, THE HEIGHT THE METER WAS HELD, THE OFFICER'S RADIO TRACK.
THERE WAS A NUMBER OF THINGS THAT WERE BEING CHALLENGED.
AND I COME TO YOU WITH 28 YEARS OF INSTITUTIONAL KNOWLEDGE OF ENFORCING THE CURRENT ORDINANCE.
UM, WITH THE ADDITIONS THAT WE'RE LOOKING TO MAKING, I THINK IT'LL BE EVEN BETTER.
AND I'VE SENT THIS, UH, CHANGE TO ALL OUR NIGHT SHIFT OFFICERS, OUR SUPERVISORS, AND GOT THEIR INPUT AND I'VE GOT NOTHING BUT POSITIVE FEEDBACK FROM THEM.
IS THAT
I PLACED MYSELF IN THE QUEUE JUST TO FIND OUT WHAT'S THE, I GUESS THIS CAME ABOUT BEFORE TOO, AND I ASKED, AND I NEVER GOT A CLARITY CITY MANAGER AND CITY ATTORNEY.
WHAT'S THE REASON FOR THIS NOISE ORDINANCE POPPING UP? OR IS THERE A REASON WHY WE'RE HAVING THIS DISCUSSION? SO, UH, I KNOW ONE REASON THIS, UH, PARTICULAR OR AN AMENDMENT POPPED UP WAS BECAUSE WE DID RECEIVE SOME CONCERNS ABOUT THE, UM, MECHANISM OF ENFORCEMENT FOR THE CURRENT NOISE ORDINANCE.
SO THAT'S WHY WE LOOKED AT DIFFERENT, UM, KIND OF AVENUES TO INVOICE, ENFORCE THE CITY'S NOISE ORDINANCE.
WOULD YOU SAY, IS IT WHEN YOU, WHEN YOU SAY YOU RECEIVED, RIGHT, YOU SAID YOU RECEIVED SOMETHING ABOUT THE MECHANISM OF OUR, OUR, THE WAY THAT WE DO THE NOISE ORDINANCE.
SO YES, SIR, THERE WERE 265 TOTAL COMPLAINTS IN THE FIRST, UH, QUARTER, UH, 220 DIFFERENT LOCATIONS.
UM, THERE WAS ONE LOCATION OFF OF HIGHWAY SIX THAT HAD OVER 45 COMPLAINTS.
THE OTHER TOP TWO WERE SIX, WHICH WAS THE RANCH AT SIENNA, WHICH IS AN APARTMENT COMPLEX.
THE CLOSEST ONE TO THAT WAS 5 50 14 WASH RUN.
SO, AND THIS IS THE REASON WHY WE'RE COMING BACK IN HERE ASKING FOR THE ORDINANCE, UH, OR TO BE ABLE TO LOOK AT AND THEN AND RENEW IT FOR ALL OF US.
UH, RECOGNIZING COUNCILOR RILEY.
THANK YOU CHIEF AND, UH, ASSISTANT CITY MANAGER FOR LOOKING OVER THIS.
MY QUESTION IS, UM, THE NUMBER OF NOISE COMPLAINTS FROM THE PREVIOUS YEARS, IS THIS NUMBER HIGHER IN 2024 OR IS IT LOWER OR IS IT ABOUT THE SAME? IT'S GONNA, IT'S AND IT'S GONNA TRACK, SORRY, GO AHEAD.
AND IS IT IN THE SAME, IS IT THE, ARE THEY SIMILAR COMPLAINTS WHEN YOU SAY DIFFERENT LOCATIONS, ARE THE, FROM THE PREVIOUS YEARS, ARE THEY COMING FROM SIMILAR TYPE OF COMPLAINTS? GO AHEAD, JASON.
[00:25:01]
TWO, UH, AND I BELIEVE THIS IS CALENDAR YEAR, WE HAD 566 TOTAL COMPLAINTS.AND, UH, IN CALENDAR YEAR 2023, WE HAD 501 TOTAL COMPLAINTS.
83% OF THOSE IN 2022 WERE JUST RESIDENCES, NEIGHBORS.
SO, UM, YOU'RE LOOKING AT A, YOU KNOW, ROUGHLY, YOU KNOW, THREE QUARTERS OR MORE OF THE CALLS ARE JUST NEIGHBORS BEING LOUD.
AND, UM, AND CHIEF CAN PROBABLY TELL YOU THE HOW EFFECTIVE ARE ORDINANCES FOR THE VAST MAJORITY OF THESE NOISE COMPLAINTS? UM, WITH MOST OF 'EM BEING, UH, MUSIC AND PARTY TALKING, RIGHT? OVERWHELMINGLY IT'S MUSIC IS THE COMPLAINT.
THE WAY OUR CAST SYSTEM IS SET UP, IT'S SET UP AS A, SOMEBODY CALLS IN A NOISE COMPLAINT, THAT'S WHAT THE NATURE CODE IS, NOISE COMPLAINT, AND THEY PUT NOTES IN AND SAY WHETHER IT'S LOUD TALKING, IT'S MUSIC.
SO WE HAVE TO GO BACK IN AND LOOK AT EACH ONE.
BUT OVERWHELMINGLY IT'S MUSIC.
UH, AND HISTORICALLY WE'VE ENFORCED THIS WITH WARNINGS, WHICH, WHICH WORK AND 'CAUSE WE TRY NOT TO WRITE ISSUE CITATIONS UNLESS IT BECOMES A NUISANCE PROBLEM.
'CAUSE YOU DON'T WANNA NECESSARILY PIT NEIGHBORS AGAINST NEIGHBORS, UM, WRITING CITATIONS FOR EVERY SINGLE CALL THAT WE MADE FOR IT.
AND SO, ARE MOST OF THESE, UM, COMPLAINTS COMING FROM COMMERCIAL BUSINESSES OR RESIDENTIAL BUSINESSES, UH, RESIDE OR DO YOU KNOW? I I THINK IT'S RESIDENTIAL INCLUDE DEPARTMENT COMPLEX.
IT'S, UH, 83% ARE RESIDENTIAL, 83%, UH, IN 2022 AND 76%.
AND SO, SO THREE OUT OF EVERY FOUR AT THE MINIMUM ARE RESIDENTIAL, UM, THAT ARE CAUSING, CAUSING THE NOISE.
THEN MY NEXT QUESTION IS, IS THE STATEMENT THAT YOU'RE WANTING TO AMEND A ORIGINAL PERSON OF ORDINARY SENSIBILITIES, HOW, HOW DO YOU MEASURE IF THAT THAT LEVEL OF SENSIBILITY? LIKE HOW DO YOU GAUGE THAT OR HOW DO YOUR OFFICERS GAUGE AN ORDINARY SENSIBILITY? WHAT IS THAT BASED ON? AND OR IS THAT JUST PERSONAL? SO WE HAVE A DEFINITION OF REASONABLE PERSONS, A PERSON WITH AN ORDINARY DEGREE OF REASON, CARE FORESIGHT, OR INTELLIGENCE WHOSE CON CONDUCT OR EXPECTATION TO A CIRCUMSTANCES USED AS AN OBJECTABLE STANDARD.
SO OFFICERS EVERY DAY USE THE REASONABLE STANDARD TO MAKE DECISIONS.
MM-HMM,
SO THIS IS A TERM THEY'RE VERY FAMILIAR WITH.
AND SO HELP ME AND THE RESIDENTS UNDERSTAND IF A RESIDENT CALLS IN ABOUT A NOISE COMPLAINT, UM, AT A HOME THAT SAY THERE'S REPEAT COMPLAINTS ON THERE, AND THAT PERSON IS CONSTANTLY CALLING, CONSTANTLY CALLING, HOW WOULD, HOW WOULD THE BASIS BE WITH YOUR, ONE OF YOUR OFFICERS IF THAT IS, IF THAT PERSON WOULD BE CONSIDERED AN ORDINARY, UM, REASONABLE SENSIBILITY? SO THAT'S ONE OF THE, UH, NUMBER FIVE KIND OF ADDRESSES.
THAT IS THE NUMBER OF REASONABLE PERSONS OF ORDINARY SENSIBILITIES THAT ARE CALLING.
SO IF IT'S JUST ONE PERSON THAT CONTINUES TO CALL THAT SAYS IT'S, UM, A NUISANCE OR ANNOYING, THEN THIS KIND OF COVERS IT.
'CAUSE YOU NEED MORE THAN ONE PERSON, MORE THAN, YOU KNOW, ONE PERSON JUST SAYING THAT IT'S A ANNOYING, DOES THAT, DOES THAT MAKE SENSE? IT MAKES PERFECT SENSE.
AND MY ONLY CONCERN WITH THAT IS YOU DO HAVE IN THE RESIDENTIAL, UM, AND I'LL JUST USE MYSELF AS A, I HAVE ONE NEIGHBOR WHO CONSTANTLY THROWS PARTIES, THE OTHER NEIGHBORS, IT DOESN'T REALLY BOTHER THEM, BUT I'M THE CLOSEST TO THEM.
AND SO WHEN I CALL, AND BECAUSE THEY'RE HAVING PARTIES UP UNTIL TWO AND 3:00 AM BECAUSE THEY'RE BACKYARD BACKS UP TO, TO OUR, OUR RESIDENTIAL, UH, BEDROOMS, THAT THAT'S AN ISSUE.
NUMBER TWO WOULD HANDLE THAT ONE AS WELL.
UM, THE AREA FROM WHERE IT'S COMING, THE NOISE IS COMING FROM.
SO BECAUSE IT'S COMING FROM A RESIDENT, UM, THEN THEY CAN ADDRESS IT THAT WAY.
SO THERE'S MANY FACTORS THAT THEY WILL TAKE INTO CONSIDERATION, UH, NOT JUST THEIR OPINION OF WHETHER OR NOT IT'S REASONABLE MM-HMM.
SO THERE ARE A NUMBER OF FACTORS, AND IT'S NOT LIMITED JUST THESE, OKAY.
'CAUSE THAT'S WHAT I WANNA MAKE SURE.
'CAUSE THIS, THIS APPEARS TO BE SOMEWHAT VAGUE.
AND HOW DO WE MEASURE THAT? HOW, HOW DO WE GAUGE THAT WHEN YOU'RE GOING TO A RESIDENT OR A, UM, A COMMERCIAL ESTABLISHMENT WHERE THERE'S BEEN A ONE, SAY ONE PARTICULAR INDIVIDUAL WHERE THERE'S A NOISE COMPLAINT? HOW DO YOU GAUGE THAT AND DETERMINE IF THAT IS A NOISE OR A NUISANCE, UM, AND BOTHERING THAT PARTICULAR AREA? RIGHT.
AGAIN, WE'LL REFER BACK TO THE REASONABLE PERSON STANDARD.
AND, AND, AND ALL OF THESE FACTORS WILL COME INTO, INTO PLAY.
SO THAT WE'VE GIVEN, WE'VE GIVEN ALL THESE TOOLS FOR THE OFFICERS TO USE AS, AS, UM, GUIDEPOSTS.
RECOGNIZING COUNCIL MEMBER BROWN MARSHALL.
I AM SORRY THAT I MISSED THE, UM, NUMBER OF COMPLAINTS FOR THIS
[00:30:01]
YEAR FROM RESIDENTS AND VERSUS COMMERCIAL.YOU BROKE IT DOWN FOR 2022 AND 2023.
THE PERCENT I, I DON'T HAVE THE, THE RESIDENTIAL VERSUS COMMERCIAL FOR THIS YEAR.
WE JUST DID THE TYPES OF COMPLAINTS, JUST THE TYPES OF COMPLAINTS.
I, I'M GONNA GUESS IT'S GONNA TRACK CLOSE TO 2022 AND 2023.
AROUND THREE OUT OF EVERY FOUR ARE RESIDENTIAL.
MY QUESTION IS, UM, IN TERMS OF IF IT HAS TO BE MORE THAN ONE PERSON, IN ORDER FOR IT TO BE A REASONABLE COMPLAINT, MEANING MORE THAN ONE PERSON IS COMPLAINT, WHAT IF IT IS ONLY THAT ONE PERSON? CAN THE ORDINANCE BE SHAPED SO THAT UM, A FINE CAN BE ASSESSED TO THE ONE PERSON THAT'S DOING THE COMPLAIN? YEAH.
IT DOESN'T, THESE DON'T ALL HAVE TO BE, UM, MET, MET IN ORDER FOR IT TO BE A REASONABLE PERSON.
THESE ARE JUST FACTORS THAT THEY CAN CONSIDER.
UM, IF SOMETHING IS REOCCURRING IN AN AREA AND ONLY ONE PERSON IS, IS CALLING, THEN THAT'S SOME, THAT'S JUST ONE OF THE FACTORS THEY CAN GO BY.
UM, SO NOT ALL OF THESE HAVE TO BE MET.
THESE ARE JUST GUIDEPOSTS FOR THE OFFICERS TO HELP THEM DETERMINE, UH, WHETHER SOMETHING'S REASONABLE OR A NUISANCE.
SO WE HAVE ONE PARTICULAR LOCATION WHERE ONE PERSON KEEPS CALLING.
THE OFFICERS GO OUT THERE AND THEY CAN BARELY HEAR ANYTHING.
OR SOMETIMES THE PLACE, YOU KNOW, THERE'S NOT ANYBODY THERE, THEY'LL TAKE INTO CONSIDERATION THAT IT'S ONLY ONE PERSON CALLING.
AND IT'S NOT MEETING THE STANDARD.
SO GO, I, I THINK THIS MIGHT BE A, A LEGAL, UH, QUESTION THOUGH.
IF THAT CONTINUES TO OCCUR AND ONE PERSON IS CONSTANTLY CALLING AND WE'RE SENDING RESOURCES THERE, IS THERE A PROBABILITY THAT SOMETHING CAN BE WRITTEN INTO THE ORDINANCE TO ASSESS THAT PERSON A FINE? YOU COULD THINK ABOUT IT AND GET BACK WITH ME
THAT, THAT, THAT DID COME UP IN OUR, IN OUR CONVERSATIONS.
WE DID, WE DID TALK ABOUT THAT.
ONE OF THE THINGS THAT CHIEF INDICATED IS THERE ARE A LIST OF PRIORITIES FOR HOW THEY TAKE CALLS.
AND, UM, UM, FORTUNATELY OR UNFORTUNATELY, HOWEVER YOU WANNA LOOK AT IT, THE NOISE, UM, COMPLAINTS ARE AT THE BOTTOM LOWEST PRIORITY.
AND SO, UM, IF WE WERE COMPETING FOR RESOURCES, FOR CALLS FOR OTHER THINGS, UM, WE, WE WOULD DEFINITELY MAKE THAT A, A BIGGER PRIORITY.
BUT WE JUST FELT WITH THE WAY THINGS ARE RIGHT NOW AND THE PRIORITY OF CALLS, AND YOU CAN EXPLAIN THAT A LITTLE BIT BETTER.
SO LIKE I SAID, THAT'S THE LOWEST PRIORITY CALL CALL, AND WE WILL CONTINUE TO RESPOND TO CALLS.
'CAUSE THERE MAY BE THAT OCCASION WHERE THERE IS A VALID COMPLAINT AND WE WON'T KNOW UNLESS WE GO TO THOSE CALLS.
WELL, I'LL, I'LL I'LL ASK IT 'CAUSE THAT WAS IN MY QUESTIONS.
NOW THAT, THAT, UH, E JOYCE IS BACK RECOGNIZE
I HAVE ALL THE, I HAVE ALL THE CONFIDENCE IN THE WORLD OF, OF YOU, JOE.
NUMBER ONE, UH, YOU ADDRESS PARTY TALKING.
CAN YOU EXPLAIN, A REASONABLE PERSON MIGHT KNOW WHAT THAT IS, BUT THOSE WHO DON'T, WOULD YOU TALK ABOUT WHAT PARTY TALKING IS? SO LOOKING AT THE NOTES AND THERE WAS ONLY A HANDFUL OF THOSE COMPLAINTS.
IT'S PEOPLE HAVING A PARTY IN THEIR BACKYARD AND THEY WERE TALKING LOUDLY.
THAT'S THE NOTES THAT WERE IN THE CALL SLIP.
UM, THAT'S NOT A CALL, THAT'S NOT A NATURE CODE PARTY TALKING.
IT'S THE NATURE CODE IS NOISE DISTURBANCE AND THEN THERE'S NOTES THAT THE DISPATCHER PUTS IN BASED ON WHAT THE CALLER IS TELLING THEM.
SO WOULD PARTY TALKING BE UNDER THE SAME UMBRELLA IF AN ESTABLISHMENT IS, UM, THERE ARE PEOPLE OUTSIDE OF A COMMERCIAL BUSINESS, WOULD THAT BE CONSIDERED PARTY TALKING IF THEY ARE OUTSIDE WITH NO MUSIC OR CARS BEING HEARD? IF THEY TALKING AND THEIR PARTY IS OF AN UNREASONABLE LEVEL, THEY COULDN'T RECEIVE A CITATION.
YOU WERE LOOKING AT HIM KIND OF CONFUSED.
I WAS JUST GONNA SAY, WHEN YOU GET THOSE CALLS, UH, WHAT'S TO GENERALLY THE RESPONSE IS TO WARN THEM, CAN YOU PLEASE KEEP YOUR VOICE DOWN? WE'VE HAD A CALL OR TWO AND 99% OF THE TIME IT'S TURNED DOWN AND PEOPLE ARE VERY RECEPTIVE TO IT.
UM, MY NEXT QUESTION, THE TIMEFRAMES, YOU TALK ABOUT THE TIMEFRAMES, WILL WE BE, UH, IMPLEMENTING TIMES? UM, BECAUSE THE PREVIOUS ORDINANCE WE HAD RECOMMENDED CERTAIN TIMEFRAMES OF DAY AND NIGHT.
WILL WE BE ESTABLISHING THOSE TIMEFRAMES? THAT WAS NOT PART OF THE DISCUSSION.
[00:35:01]
COUNCIL WOULD LIKE US TO LOOK AT, WE CAN DEFINITELY GO BACK AND REVISIT THAT.SO THE ONES, THE, UM, ORDINANCES THAT YOU ALL, UH, LOOKED AT FOR OTHER CITIES, DID THEY NOT? BECAUSE I LOOKED AT DIFFERENT ORDINANCES FROM OTHER CITIES AND THEY CLEARLY HAD, UM, TIMES ESTABLISHED FOR DAY AND NIGHT.
TY TYPICALLY, UM, THE ONES THAT WE LOOKED AT, THEY, THEY WOULD HAVE, UM, DAY AND NIGHT TIMES, BUT THAT WAS USUALLY TIED WITH A DECIBEL OR A, UM, PLAINLY AUDIBLE STANDARD.
SO THAT WAS, THAT WAS TYPICALLY WHAT, UM, WHEN WHAT THOSE WOULD BE PAIRED WITH IT.
SO, AND, AND, AND AGAIN, WE ARE HERE TO RECEIVE DIRECTION FROM, FROM COUNSEL.
AND SO IF THAT'S SOMETHING THAT YOU WOULD LIKE US TO ADD TO THAT, UH, BEFORE, YOU KNOW, BEFORE WE BRING IT BACK, JUST LET US KNOW.
SO THE CITIES THAT YOU ALL, UM, REACHED OUT TO, THEY DID NOT, THE ONES THAT WENT BY THE DECIBEL READINGS, THEY DID NOT HAVE A TIMEFRAME ESTABLISHED FOR DAY OR NIGHT, IS THAT WHAT YOU'RE SAYING? WITH THE DECIBEL READING, THEY DID HAVE A TIME BACK TO THE REASONABLE STANDARD.
THERE WAS NOT, THEY DID NOT THE REASONABLE STANDARD.
AND THEN MY LAST QUESTION, IF SAID REASONABLE PERSON IS, IS IF SAID, REASONABLE PERSON IS FOUND TO BE UNREASONABLE IN THEIR EXCESSIVE COMPLAINTS, AND THIS QUESTION IS FOR YOU.
UM, AND I SAY THIS AND I'M GONNA ADDRESS IT BECAUSE IT'S THE ELEPHANT, THE 50 POUND ELEPHANT IN THE ROOM, UM, OVER 450 COMPLAINTS FROM ONE RESIDENT.
AND THIS IS ONE PERSON IN A HOME.
THERE'S GOT TO BE SOMETHING IN PLACE.
I WOULD RECOMMEND SOMETHING IN PLACE BECAUSE IT BECOMES A NUISANCE TO THE PERSON WHO IS BEING COMPLAINED ON.
AND, UM, THEN IT BECOMES A REPUTATION THING, THEN IT BECOMES DEGRADING.
SO I WOULD LIKE FOR YOU TO DO SOME RESEARCH TO FIND OUT WHAT CAN BE DONE IF AN OFFICER GOES OUT EXCESSIVELY TO SAY IT REASONABLE PEOPLE WHO HAVE COMPLAINED AND THERE BE SOME TYPE OF, UM, REPERCUSSION THAT THEY WOULD HAVE TO, UH, THAT WOULD BE IN PLACE FOR, SAY, A REASONABLE PERSON.
SO THERE'S ACTUALLY ALREADY A STATE LAW VIOLATION FOR FILING FALSE POLICE REPORTS.
SO THAT MECHANISM ISN'T PLACE IF THE CITY, UH, OR IF THE COMPLAINANT, UH, CAN PROVE THAT THE PERSON HAS FILED FALSE POLICE REPORTS.
SO THERE'S ALREADY A MECHANISM TO ADDRESS THAT UNDER STATE LAW.
AND THEN MY LAST ONE IS YOU STATED TO ONE PARTY.
WHAT IF THERE ARE TWO PARTIES THAT COMPLAINED IN THE SAME HOUSEHOLD PARTY? WE'LL REVERT BACK TO THE REASONABLE STANDARD.
THAT IS JUST ONE PORTION OF THE TOTALITY OF THE CIRCUMSTANCES, WHAT DECISION IS MADE.
RECOGNIZING COUNCIL MEMBER BONNEY, THANK YOU ALL SO MUCH FOR YOUR PRESENTATION.
UH, FOR ME, UH, I, YOU KNOW, I FEEL LIKE THIS IS JUST VERY COSMETIC.
UH, AS FAR AS OUR ORDINANCES AMENDING, UH, AMENDING OUR ORDINANCE, IT DOESN'T REALLY ADDRESS THE ISSUE THAT WAS BROUGHT FOR THAT THIS WAS BROUGHT FORTH FOR.
UM, I TOO SPOKE TO A, UH, INDIVIDUAL WHO HAD RECEIVED CITATIONS EVEN AND HAD HAD COMPLAINTS ON THEM.
AND ONE OF THE, WELL, A COUPLE OF THE COMPLAINTS THAT THEY RECEIVED THAT THERE WAS A NOISE VIOLATION, UH, THEY WEREN'T EVEN OPEN, BUT YET POLICE WERE CALLED TO THE, THE, THE PLACE OF BUSINESS.
SO THEY HAVE BECOME ACCUSTOMED TO MAKING THIS A HABIT.
AND, AND WHAT I, I, I ACTUALLY WAS LOOKING FORWARD TO THE DECIBEL CONVERSATION.
I TRUST THE JUDGMENT, UH, IN YOUR RECOMMENDATION AS TO MOVING FORWARD, YOU KNOW, WITH SOME AMENDMENTS, IF THEY HAD SOME SUBSTANCES TO THEM.
BUT I DON'T SEE THAT THIS SOLVES THE, THE ISSUE AT HAND WHERE IT WAS VERY SUBJECTIVE VERSUS OBJECTIVE.
I FELT THAT IF WE PUT SOMETHING IN PLACE THAT WE COULD MAKE, THAT YOU ALL WERE ALLOWED AS, AS OFFICERS TO MAKE AN OBJECTIVE DECISION BASED OFF OF THIS NUMBER OR THIS SITUATION, WHICH WHAT YOU ACTUALLY MENTIONED THE LAST TIME WE TALKED ABOUT IT, I WAS LOOKING FORWARD TO KIND OF, AND PREPARED TO MOVE FORWARD IN THAT DIRECTION.
BUT I JUST DON'T SEE HOW THIS CHANGES ANYTHING.
IT, IT WAS SUBJECTIVE BEFORE WE STARTED TALKING ABOUT THIS CONVERSATION.
AND IT REMAINS SUBJECTIVE IF WE JUST MOVE FORWARD
[00:40:01]
WITH KIND OF, UH, ADDING THESE, THESE, YOU KNOW, RECOMMENDATIONS TO THE, TO THE ORDINANCE.SO, UM, I TOO, LIKE MAYOR PRO TEM MENTIONED, UH, WOULD LIKE THERE TO BE SOMETHING SUBSTANTIVE AS PART OF THIS THAT TRULY ADDRESSES IT.
'CAUSE I DON'T KNOW HOW THAT INDIVIDUAL, UH, WOULD RECEIVE A CITATION BASED OFF OF THESE COMPLAINTS.
UH, AND I DON'T KNOW HOW THIS INDIVIDUAL WOULD HAVE SOME SORT OF REPERCUSSION FOR FILING ALL OF THESE FRIVOLOUS COMPLAINTS OR CALLING IN ON A REGULAR BASIS FROM THE CITY.
SO AT THIS POINT, I MEAN, I DON'T REALLY SEE HOW THIS CHANGES ANYTHING AND HELPS THE OFFICERS AND HELPS THE CITY.
SO I WILL MENTION ONE THING THAT I FAILED TO MENTION REGARDING THE, UM, THE DECAL READERS.
MOST OF THE COMPLAINTS, A LARGE MAJORITY OF THEM ARE BASE, THE DECAL READERS DO NOT PROCESS AND MEASURE THE BASE ACCURATELY AT ALL.
UM, LIKE I SAID, I, I BRING 28 YEARS OF EXPERIENCE ADDRESSING THESE TYPES OF CALLS, ESPECIALLY WHEN I WAS ON THE STREET WORKING NIGHT SHIFT AND THIS ORDINANCE WORKED.
AND WE'RE JUST LOOKING TO IMPROVE IT A LITTLE BIT AND MAKE IT A LITTLE CLEARER FOR THE OFFICERS.
AND YOU, YOU STRONGLY BELIEVE THAT BY ADDING THIS VERBIAGE, IT HELPS IMPROVE THEIR ABILITY TO, I GUESS ENFORCE, IF THAT'S WHAT WE WANNA CALL IT, UH, THIS ORDINANCE? I DO.
AND OTHER QUESTION I GO AHEAD.
THE ONLY OTHER QUESTION I HAD IS, UH, THE CITY, WE OFFER NOISE PERMITS, LIKE FOR EVENTS AND DIFFERENT THINGS.
DOES THE CITY OF MISSOURI CITY OFFER NOISE PERMIT PERMITS? WE HAVE SPECIAL, SPECIAL EVENT PERMITS PERMIT.
SO WITH THOSE SPECIAL EVENT PERMITS THAT PEOPLE HAVE, ARE THERE NOISE REQUIREMENTS? AND WOULD THIS NOISE ORDINANCE BE APPLICABLE TO, TO THAT? I HAVE NOT SEEN ANY NOISE REQUIREMENTS, BUT I WILL DEFER TO DEVELOPMENT SERVICES WHO ISSUES THOSE PERMITS TO LET US KNOW IF THERE ARE ANY.
UM, WE DON'T HAVE A SEPARATE NOISE ORDINANCE OTHER THAN THIS NOISE ORDINANCE.
SO THOSE SPECIAL EVENTS, UM, DON'T HAVE A, UH, UM, OTHER GUIDELINES THAT THEY'RE FOLLOWING AT THE TIME.
SO IF SOMEONE HOLDS A SPECIAL EVENT, UH, SUCH AS THE MISSOURI CITY, YOU KNOW, OUR 4TH OF JULY, OR OUR, OUR OR SOME OTHER OUTSIDE ENTITY OTHER THAN THE CITY, UH, THERE'S NO ISSUE OR SHOULD, WE SHOULD NOT RECEIVE COMPLAINTS FROM THE PUBLIC? IS THAT WHAT WE'RE SAYING? NO, THE NOISE ORDINANCE WOULD STILL APPLY.
THERE'S JUST NOT ANYTHING SPECIFIC OUTSIDE OF THE NOISE ORDINANCE AS IT'S CURRENTLY ADOPTED.
SO HOW WOULD IT APPLY? 'CAUSE WE MAKE A LOT OF NOISE WITH THESE SPECIAL EVENTS, SO I DON'T SEE HOW IT WOULD BE APPLICABLE IS WHY I'M ASKING THE QUESTION.
SO IT'S, IT'S STILL THE SAME GUIDELINES, YOU KNOW, SO, UM, THERE'S THE CRITERIA FOR NOISES IN EXCESS OF CERTAIN, IT, IT'S NOT A DECIBEL, BUT IT'S, YOU KNOW, 'CAUSE WE HAVE NOISE ORDINANCE ON CONSTRUCTION SITE CONSTRUCTION ACTIVITY, UM, AND THEN ANY ACTIVITY, UM, THAT'S BEING DONE IN THE CITY, SPECIAL EVENT OR NOT, BUT THEY ALL FALL UNDER, UM, THE NOISE ORDINANCE.
THE CHANGES THAT YOU'RE SEEING ARE TO THAT EXISTING NOISE ORDINANCE.
SO, JUST REAL QUICKLY, LET, LET ME ALSO ANSWER THAT.
UM, IF YOU WERE DOING AN EVENT IN A PARK, FOR EXAMPLE, UM, AND YOU HAVE AMPLIFIED SOUND, YOU DO HAVE TO HAVE A PERMIT.
'CAUSE THAT'S AGAINST OUR PARK USE ORDINANCE.
YOU CAN'T HAVE AMPLIFIED SOUND.
SO ANYBODY DOING A SPECIAL, UH, EVENT WOULD HAVE TO HAVE A, A PERMIT FROM THE PARKS DEPARTMENT IF YOU'RE TALKING ABOUT PARKS.
BUT THERE'S NO, THERE'S NO NOISE REQUIREMENTS.
THAT'S HOW, THAT'S, THAT'S HOW WE WOULD JUDGE WHETHER IT WAS APPROVED OR NOT BASED ON WHEN THE AMPLIFIED SOUND IS, HOW LATE THEY PLAN ON GOING, ET CETERA, ET CETERA.
RECOGNIZING COUNCIL MEMBER EMERY.
ONE OF THE THINGS THAT, UH, WE TALKED JUST A SECOND AGO WITH, UH, UH, CITY, UH, ATTORNEY WAS, UH, MAYBE THE, THE, UH, FILING OF A FALSE REPORT IF IT BECAME EXCESSIVE.
AND, UH, THE, THE QUESTION I HAVE, OR THE CONCERN I HAVE THERE IS THEN IT BECOMES A MATTER OF THE COMPLAINANT SAYING IT DOES CREATE, YOU KNOW, A, A, A NOISE DISTURBANCE VERSUS THE CITY SAYING NO, YOU KNOW, BASED ON OUR READINGS, WE, UH, WE FEEL LIKE IT WAS IN FACT A, UH, UH, A, UH, A FRIVOLOUS OR A, A FALSE REPORT.
SO I, I JUST HAVE SOME PAUSE AND SOME CONCERN WHEN WE START, YOU KNOW, TRYING TO, UH, APPLY, UH, A FALSE REPORT AGAINST THE PERSON WHO MAY IN FACT
[00:45:01]
FEEL LIKE, YOU KNOW, THEY ARE BEING, UH, UH, AFFECTED BY, UM, BY THE NOISE.SO, YOU KNOW, WHEN WE LOOK AT THAT, I, I WOULD WOULD HOPE THAT WE'D TAKE THAT INTO CONSIDERATION SO THAT WE DON'T GET INTO THE SAME SITUATION WITH THE DECIBEL READINGS.
IT BECOMES MORE OF THE, THE PROBLEM, UH, THAN, YOU KNOW, THE, THE REAL, UH, THE REAL ISSUE.
AND I'D BE CONCERNED THAT WE'D BE GETTING OURSELVES INTO A PROBLEM WHERE IT'S, YOU SAY, WE SAY TRYING TO IDENTIFY WHAT IS A FALSE REPORT.
SO, UH, THAT'S JUST A, A, A COMMENT.
UH, THE OTHER, I SAW, UH, NUMBER SEVEN HERE, IT'S, UH, WHERE THE SOUND IS ENHANCED, UH, IN VOLUME ARRANGEMENT BY ANY TYPE OF ELECTRONIC OR MECHANICAL MEANS.
UH, AGAIN, I'M, I'M ASSUMING THAT I SHOULDN'T ASSUME WHEN POLICE OFFICER GOES OUT THERE TO SEE WHETHER OR NOT IT'S REASONABLE, UH, SOUND OR IT'S, UH, YOU KNOW, IT EXCEEDS THE REASONABLE SOUND.
DO THEY, DO THEY TAKE THAT INTO CONSIDERATION ALSO? I MEAN, HOW DO YOU INTERJECT, UH, SOUNDS COMING FROM, UH, YOU KNOW, THE BASE OF A BAND AS OPPOSED TO LOUD, LOUD, UH, TALKING? SO CURRENTLY THESE ITEMS AREN'T IN OUR CURRENT ORDINANCE.
UM, THAT'S WHY WE'RE LOOKING TO ADD THESE TO AN, UM, GIVE THE AUTHOR OFFICERS MORE OPPORTUNITY TO EVALUATE, UH, ENGAGE IN LOOKING AT THESE DEFINITIONS AND TRY TO MAKE A, A SOUND DECISION ON WHAT A REASONABLE PERSON WOULD BELIEVE, WHETHER OR NOT THE SOUND IS EXCESSIVE OR NOT.
WELL, UH, YOU KNOW, UH, WE PUT A LOT OF CREDENCE IN WHAT OUR POLICE OFFICERS HAVE TO FACE EVERY DAY AS FAR AS WHAT'S REASONABLE.
SO, YOU KNOW, I, I DON'T HAVE A PROBLEM WITH, YOU KNOW, UH, ASSIGNING THAT TYPE OF, UH, RESPONSIBILITY TO THEM FOR THIS TYPE OF, UH, OF AN ORDINANCE.
AND ALSO CONSIDER, UM, IF THEY WERE TO WRITE A CITATION, THEIR BODY CAMERAS ARE ALWAYS ON.
SO IF IT GOES TO COURT, THE COURT WILL HEAR WHAT THE OFFICER'S HEARING ON THEIR BODY CAMERAS.
AND I KNOW THAT THERE'S, UH, THE ONE SITUATION WE'RE TALKING ABOUT, THERE'S A LOT OF ROAD NOISE YES.
SO, YOU KNOW, YOU KNOW THAT THAT'S ALWAYS A FACTOR.
AND I GUESS THAT'S, THAT'S DIFFICULT.
ALSO, HOW DO YOU, YOU KNOW, TRY TO, UH, LOOK AT THE SOUND THAT'S COMING FROM THE ESTABLISHMENT AS OPPOSED TO SOUND COMING FROM GENERAL, UH, TRAFFIC NOISE COMING, UH, YOU KNOW, FROM THE HIGHWAY.
SO, UH, I DON'T HAVE ANY SOLUTIONS, BUT, YOU KNOW, THIS IS A THORNY ISSUE AND, UH, I THINK, YOU KNOW, WE NEED TO MAKE SURE THAT WE GET IT RIGHT.
UH, AND, UH, THE, UH, THE APPROACH THAT, UH, I THINK WE'RE TAKING AND GETTING AWAY FROM, UH, DECIMAL READERS TO, UH, THE REASONABLE, UH, REASONABLE PERSON, UH, UH, EVALUATION, I, I THINK IS, YOU KNOW, FROM MY STANDPOINT IS THE WAY TO GO.
RECOGNIZING COUNCIL MEMBER RILEY, UM, CHIEF, I WANNA SAY I'M, I'M A HUNDRED PERCENT CONFIDENT, YOU KNOW, IN YOUR YEARS OF EXPERTISE, UM, AS WELL AS, YOU KNOW, YOUR SUGGESTIONS OF ADDING THESE ITEMS. MY ONLY CONCERN IS THAT DO WE HAVE ENOUGH TEETH IN THIS? UM, AND WHEN, WHEN WE'RE LOOKING AT MODIFYING THIS PARTICULAR ORDINANCE AND ADDING THESE ITEMS IN THERE, SOME OF THE THINGS ARE SOMEWHAT VAGUE.
UM, AND THEN WHEN WE LEAVE THINGS, UH, WHEN IT'S UP TO YOUR OFFICERS TO MAKE THOSE DETERMINATIONS, UM, IT ALSO LEADS ME TO HAVE CONCERNS FOR THE RESIDENTS WHO MAY BE FILING THE COMPLAINT.
UM, JUST AS WE HAD A RESIDENT HERE TO INSULT ONE OF OUR POLICE OFFICERS BECAUSE THAT OFFICER WOULD NOT DO WHAT THEY WANTED THEM TO DO, BUT THEY DID WHAT WAS IN THE BEST INTEREST OF THE SITUATION AND HOW THEY ASSISTED.
AND SO I WANNA MAKE SURE THAT WE HAVE ENOUGH TEETH IN AS TO WHERE OUR OFFICERS ARE NOT BEING INSULTED AND OUR OFFICERS, YOU KNOW, UH, LEVEL OF MAKING, UH, UH, EXECUTIVE DECISION AS IT RELATES TO THIS NOISE ORDINANCE ARE BEING VALIDATED.
AND, UM, AS WELL AS THE LAST SUGGESTION IS, UM, I WOULD LIKE FOR Y'ALL TO CONSIDER PUTTING SOME TIMEFRAMES IN HERE.
I THINK ALL OF US WERE LOOKING FORWARD TO THAT DECIMAL.
UH, WE THOUGHT THAT WAS GOING TO BE A GREAT SOLUTION BASED ON THE SITUATIONS THAT WE WERE DEALING WITH ACROSS THE ENTIRE CITY, RESIDENTIAL AND COMMERCIAL.
AND SO IF THERE IS AN OPPORTUNITY FOR YOU GUYS TO REVISIT SOME OF OUR, UH, SUGGESTIONS AND REQUESTS, UH, COULD Y'ALL PLEASE CONSIDER THAT
[00:50:01]
JUST SO THAT WE'VE MADE SURE THAT WE'VE COVERED ALL OF OUR BASES AND, UM, WE'RE MAKING SURE WE HAVE ENOUGH IN HERE THAT'S GONNA COVER, YOU KNOW, THE PROTECTION OF THE NOISE FROM THE RESIDENT SIDE, BUT ALSO MAKING SURE THAT OUR OFFICERS, YOU KNOW, IN THEIR TRAINING ARE ABLE TO MAKE GOOD SOUND DECISIONS AND NOT FEEL ANY REPERCUSSIONS FOR THAT.AND THEN MY LAST QUESTION TO, UM, WERE YOU READY TO SAY SOMETHING? NO, NO.
UM, BECAUSE I WAS LOOKING DOWN MY LAST QUESTION, E JOYCE, WHEN YOU SAY, UH, FILING A FALSE REPORT, THESE ARE NOT REPORTS, THESE ARE NOT CONSIDERED REPORTS WHEN THEY'RE CALLING IN ON 9 1 1 OR THE NON-EMERGENCY NUMBER TO FILE A COMPLAINT.
ARE YOU REFERENCING THAT THESE, UM, ARE ACTUAL FILING FALSE REPORTS OR ARE THESE JUST COMPLAINTS? CORRECT.
SO IF, UM, IF A PERSON CALLS OUT AN OFFICER FOR, UM, SOMETHING, LET'S SAY IT'S A NOISE COMPLAINT AND THE ESTABLISHMENT IS CLOSED, THEN THERE'S NO REAL REAL JUSTIFICATION FOR THAT CALL TO, TO OUR, UH, PUBLIC SAFETY TEAM TO ADDRESS THAT BECAUSE THE ESTABLISHMENT IS CLOSED.
SO THAT WOULD BE A FALSE, I SAID REPORT, BUT IT WOULD BE A FALSE COMPLAINT.
SO THEY'RE ESSENTIALLY UTILIZING A VERY IMPORTANT RESOURCES FOR, UM, SOMETHING THAT'S, UH, NOT TRUE.
AND SO THAT IS, UH, THAT IS A STATE LAW CHARGE.
SO THAT PARTICULAR SITUATION WOULD FALL UNDER THE STATE LAW? YES, MA'AM.
AND SO ARE WE ABLE TO PUT ANYTHING IN THIS PARTICULAR ORDINANCE, ORDINANCE TO ESTABLISH, UH, FALSE REPORTS, EXCESSIVE COMPLAINTS, UNNECESSARY EXCESSIVE COMPLAINTS IN THIS SO THAT BOTH SIDES UNDERSTAND THAT THERE ARE REPERCUSSIONS TO EXCESSIVE CALLING AND USE, UTILIZE OVER UTILIZING OUR RESOURCES UNNECESSARILY.
SO WE WOULDN'T BE ABLE TO CREATE SOMETHING THAT, UH, KIND OF DUPLICATES WHAT'S ALREADY IN THE STATE LAW.
WHAT WE COULD, UH, POSSIBLY DO IS MAYBE AFTER THREE UNSUBSTANTIATED COMPLAINTS, THE CITY OR SOMEONE, YOU KNOW, A COMPLAINT WILL BE FILED WITH THE EIGHTH.
YOU KNOW, MAYBE LIKE A WARNING STATEMENT THAT'S NOT, UM, SOMETHING THAT WE WOULD FILE A CHARGE AGAINST, BUT ALMOST JUST LIKE NOTICE THAT STATES THAT AFTER A CERTAIN AMOUNT OF FALSE, UH, COMPLAINTS OR FALSE REPORTS, THEN THE CITY WILL CONTACT THE APPROPRIATE STATE OFFICE FOR, UM, REVIEW AND ASSESSMENT.
WELL, THAT WOULD BE MY, MY SUGGESTION IF, UH, POLICE, UH, CHIEF HARRIS, IF YOU AND E JOYCE AND ASSISTANT CITY MANAGER MANGUM WOULD DETERMINE IF THAT'S SOMETHING THAT YOU GUYS CAN WORK ON TOGETHER.
RECOGNIZING COUNCIL MEMBER MURLI CHIEF ALL THROUGH THIS PROCESS.
I'VE ALWAYS WANTED TO MAKE SURE THAT WE GIVE THE TOOLS TO YOUR STAFF TO THE PD TO MAKE SURE WHEN THEY GO OUT ON THOSE CALLS, THEY'RE SUCCESSFUL AND THEY ALWAYS ARE.
BUT, UM, AND SO THE FACT THAT YOU SHARED THAT WITH YOUR NIGHT SHIFT AND THEY'RE APPROVED, I'VE KIND OF TABLED THAT.
BUT THE, THE QUESTION THAT I HAVE IS, THERE'S, THERE'S TWO THINGS THAT CAME UP TONIGHT, AMPLIFIED SOUND IN THE PARKS EVENTS, AND THEN ALSO NUMBER SEVEN, WHICH COUNCIL MEMBER EMERY MENTIONED ABOUT, UM, TYPES OF ELECTRONICS THAT AMPLIFY.
I THINK WE SHOULD PUT SOME SORT OF NOISE.
WELL, NO, I THINK WE SHOULD PUT A TIME ON THAT.
SO FOR INSTANCE, AT THE HOTEL, UH, HOLIDAY INN, THERE'S A POOL AND THERE'S POOL PARTIES AND A BARBECUE.
MAYBE WE PUT SOMETHING IN THERE THAT AFTER NINE, RIGHT? WE TIGHTEN UP THAT WINDOW AROUND NOISE OR AFTER 10, WHATEVER WE DECIDE.
BUT AMPLIFIED SOUND AFTER NINE ON WEEKENDS AND NIGHTS IS, IS SOMETHING WE NEED TO CONTROL, IN MY OPINION.
SO THE POINT I'M TRYING TO MAKE IS WE SHOULD PROBABLY PUT A TIMESTAMP ON AMPLIFIED SOUNDS AND OR TRAFFIC, WHATEVER WE CALL IT HERE, ELECTRONICS.
UM, AND THEN THE SECOND THING IS, WOULD THE OFFICER STILL CARRY A SOUND METER JUST FOR A REFERENCE POINT, OR ARE WE JUST GOING AWAY, AWAY FROM IT COMPLETELY? WE HAVE THEM, WE HAVE A FEW OF THEM THAT THEY CAN HAVE, BUT THEY WOULDN'T UTILIZE THOSE IN MAKING A DETERMINATION.
SO I'D LIKE TO OPEN IT UP FOR A CONVERSATION ON WHETHER OR NOT WE SHOULD PUT A TIMESTAMP ON EVENTS WITH AMPLIFIED SOUNDS.
RECOGNIZING COUNCIL MEMBER BRA MARSHALL.
UM, COULD WE GO BACK TO THE SLIDE THAT TALKED ABOUT TYPES OF NOISE ORDINANCES? IT WAS FOUR DIFFERENT TYPES, SO I UNDERSTAND THE FIRST ONE.
UM, WHEN YOU TALK ABOUT ZONING RESTRICTIONS, WHAT DOES THAT MEAN? SO USUALLY ZONING RESTRICTIONS ARE TIED IN WITH EITHER A PLAINLY AUDIBLE STANDARD OR A NUISANCE STANDARD OR A DECIBEL STANDARD.
[00:55:01]
OUR INDUSTRIAL AREAS, THEY HAVE MORE LEEWAY DURING THE DAY, LESS WI LEEWAY AT NIGHT IN A COMMERCIAL AREA, THEY MIGHT HAVE A DIFFERENT, DIFFERENT LEVEL OR DIFFERENT STANDARD.SO IT WAS BASICALLY BASED ON THE ZONING OF THE LAND, WHERE THE, THE SOUND IS EMANATING FROM.
AND THEY'RE USUALLY TIED TO OTHER, OTHER ORDINANCES.
AND THAT WAS WHEN I MENTIONED BEFORE, UM, THAT WAS KIND OF OUR INITIAL THOUGHTS WHEN WE FIRST STARTED ON THIS JOURNEY WHERE WE WERE THINKING ZONING RESTRICTIONS AND DECIBEL STANDARDS.
AND THAT'S WHAT WE STARTED DOWN THAT ROAD.
AND IT WASN'T UNTIL WE STARTED TALKING TO, UM, OTHER CITIES THAT WERE LIKE, YEAH, WE TRIED THAT.
AND THEN THE PLAINLY AUDIBLE STANDARD, WHAT IS THAT? YEAH, THAT'S BASICALLY A, A STANDARD THAT'S, UH, GIVES A DISTANCE AND CAN YOU HEAR IT? THAT'S BASICALLY THE, YOU KNOW, IF IT, IT COULD BE A HUNDRED FEET, UM, CAN YOU HEAR IT FROM A HUNDRED FEET? CAN YOU HEAR IT FROM 50 FEET? CAN YOU HEAR WHATEVER, WHATEVER.
AND THAT WAS SOMETIMES ALSO TIED TO ZONING, UH, UM, RESTRICTIONS.
SO FROM A COMMERCIAL, THE EDGE OF A COMMERCIAL PROPERTY, CAN YOU HEAR IT WITH YOUR PLAINLY AUDIBLE? CAN YOU PLAINLY HEAR IT WITH YOUR NAKED EARS? IT, WOULD THERE BE A POSSIBILITY THAT WE COULD HAVE LIKE A COMBINATION OF THE TWO OR EVEN THREE, EVEN WITH THE DECIBEL, UH, READINGS IN OUR ORDINANCE INSTEAD OF JUST ONE.
RIGHT NOW, YOU, YOU GUYS HAVE US ONLY LOOKING AT THE FIRST ONE, WHICH IS THE NUISANCE STANDARD, A REASONABLE PERSON.
IS IT POSSIBLE THAT WE COULD TIE IN SOME OF THESE OTHERS INTO THE ORDINANCE AS WELL? SURE, IT'S POSSIBLE.
I MEAN, WE'RE, WE'RE, WE'RE HERE TO GET FEEDBACK FROM, FROM Y'ALL.
DID YOU HAVE, AND I'LL GIVE YOU AN EXAMPLE OF THAT IF YOU DON'T MIND.
UM, SUGAR LAND'S NOISE ORDINANCE IS VERY SIMILAR TO OURS, EXCEPT THEY DO HAVE A PLAIN AUDIBLE STANDARD COMING FROM A VEHICLE AND IT'S 50 FEET, IF YOU CAN HEAR IT PLAIN, AUDIBLE FROM 50 FEET.
SO THAT, THAT'S, BUT THAT'S COMING FROM A VEHICLE ONLY.
THAT THERE, THAT'S ONLY COMING FROM A VEHICLE.
SO I THINK I WOULD FEEL A LITTLE BIT BETTER ABOUT THIS IF WE ADDED SOMETHING MAYBE LIKE THAT INTO IT AS WELL, THAT GIVES IT A LITTLE MORE DEFINITIONS AND CLARITY.
UM, AND IT, YOU KNOW, I DON'T KNOW IF IT NEEDS TO BE 50 FEET, BUT, UM, MAYBE GIVE US SOME SUGGESTIONS ON THAT.
I DON'T, WELL, THAT WAS ONE OF THE THINGS THAT WHEN I LOOKED AT IT, WHERE I, I BACKED AWAY FROM THAT ONE PRETTY QUICKLY BECAUSE THEY WERE ALL OVER THE PLACE.
200 FEET, TWO 50 FEET, A HUNDRED FEET.
AND I, I TRIED TO DO THINGS BASED ON BEST PRACTICES, RIGHT.
AND WHEN WE, WE WERE LOOKING AT THIS FROM THE BEGINNING, WE WANTED TO MAKE SURE THAT WE WERE DOING SOMETHING THAT WAS GONNA SERVE THE ENTIRE OF THE CITY, NOT, NOT ONE SITUATION, RIGHT.
WE WANTED TO MAKE SURE THAT WE WERE DOING SOMETHING THAT WAS A BEST PRACTICE FOR EVERYBODY.
AND, AND KNOWING THAT, YOU KNOW, NOT, NOT EVERYBODY'S GOING TO BE HAPPY WITH WHAT WE, WHAT WE END UP ADOPTING.
UM, WE JUST FELT LIKE IT WAS REALLY IMPORTANT THAT WE WEREN'T ZEROING IN ON ONE CASE OR TWO CASES OR ONE TYPE OF CASE.
UM, WE WANTED TO LOOK AT IT FROM A HOLISTIC POINT OF MISSOURI CITY.
UM, AND, AND SO THAT WAS, AND, AND SO LIKE I SAID, WHEN WE'RE LOOKING AT WHAT WE WANT TO PRESENT, WE REALLY WANTED TO LOOK AT OUR BEST PRACTICES.
AND LIKE I SAID, WE, WE STARTED IN ONE ONE ROAD AND WE, WE WENT, ENDED UP DOWN AT ANOTHER ROAD BASED ON THE, THE RESEARCH THAT WE DID.
I, I WOULD REALLY LIKE TO SEE, I'M SORRY.
NO, E JOYCE? NO, I WAS JUST GOING TO POINT OUT THAT THE PROPOSED FACTORS DOES INCLUDE LAND USE.
SO THERE IS THAT CONSIDERATION AS TO ZONING, UM, UNDER B TWO, AS WELL AS THE DURATION OF THE SOUND AND THE, THE NOISE LEVEL ABOVE THE AMBIENT.
SO EVEN THOUGH THERE'S NOT A PRESCRIPTIVE NUMBER, AS JASON SAID, THIS WOULD APPLY ACROSS THE CITY.
SO THEY HAVE THE ABILITY TO UTILIZE THEIR BEST JUDGMENT TO DETERMINE WHETHER, BASED ON THESE FACTORS, WHETHER THE SOUND IS IN FACT A NUISANCE.
IT'S, IT'S, TO ME, IT'S JUST STILL NOT VERY CLEAR ON THE, UM, LEMME GO BACK TO THE WORD PLAINLY, AUDIBLE STANDARD, BUT I THINK THAT'S THE ONE I'M HITTING ON THE MOST.
SO I THINK WE NEED SOMETHING TO IN THERE TO TALK ABOUT THAT.
I'M GOING TO, BEFORE I GO TO THE NEXT PERSON, I'M GONNA RECOGNIZE, UH, OUR CITY MANAGER, ANGELS JONES.
I JUST WANTED TO, TO WEIGH IN AND, AND I APPRECIATE THE DISCUSSION AND STAFF.
WE, WE HAD A LOT OF DISCUSSION ABOUT THIS AS WELL, AND WHAT I TRY TO REMIND, UM, STAFF ABOUT IS WE HAVE TO LOOK AT THE ENTIRE CITY, AND WE ALSO HAVE TO LOOK AT THE, THE TYPES AND THE NUMBER OF COMPLAINTS THAT WE'VE RECEIVED, AND THEN THROW OUT THE HIGHS AND THE LOWS, AND THEN TRY TO LAND SOMEWHERE AS TO WHAT'S GONNA GIVE US THE BEST
[01:00:01]
SOLUTION FOR THE CITY.RECOGNIZING THAT INITIALLY WHEN WE WENT INTO THIS CONVERSATION, WE THOUGHT DECIBEL READING WOULD GIVE US SOMETHING SUBSTANTIVE.
WE WILL BE ABLE TO LOOK AT THAT AND IMMEDIATELY DETERMINE IF IT MEETS IT OR NOT.
BUT BECAUSE OF ALL THE OTHER NUANCES, MEANING DISTANCE, CALIBRATION TESTING, ALL OF THAT, THAT CAME INTO PLAY, IT REALLY NEGATED GOING DOWN THAT PATH, INCURRING THAT COST, AND ALSO CREATING A SITUATION THAT WOULD NOT HOLD UP IN COURT.
AND SO THEN IT BOILED BACK TO THE INITIAL QUESTION OF WHY ARE WE HAVING THIS CONVERSATION? WHAT IS THE PROBLEM WE'RE TRYING TO FIX? MM-HMM.
AND QUITE FRANKLY, WE DON'T REALLY HAVE A PROBLEM EXCEPT IN ONE SPECIFIC INCIDENT.
AND DECIBEL READINGS ARE, ARE NOT GOING TO SOLVE THAT, BECAUSE AS MENTIONED EARLIER, DECIBEL READINGS DO NOT PICK UP BASE.
DECIBEL READINGS DO NOT, THEY'RE NOT PERFECT.
SO THERE IS NO FAIL SAFE SOLUTION THAT'S GOING TO ADDRESS THAT PARTICULAR INCIDENT.
SO WE HAVE TO LOOK AT THE OVERALL CITY AND TRY TO COME UP WITH AN APPROACH.
AND SO THE OLD SAYING IS, IF IT'S NOT BROKE, DON'T FIX IT.
THANK, BUT WE'RE TRYING TO FINE TUNE IT.
RECOGNIZING COUNCIL MEMBER RAM BONY.
UM, I, I'M ALL FOR MOVING FORWARD.
LIKE I SAID EARLIER, WITH THESE RECOMMENDATIONS, HOWEVER, NOT LIKE THIS, I THINK THAT THERE HAS TO BE A LOT MORE, UM, SPEC SPECIFICITY TO THESE THINGS.
YOU SAY ONE PROXIMITY OF THE SOUND TO SLEEPING FACILITIES, WHETHER RESIDENTIAL OR COMMERCIAL.
WHAT DOES THAT LOOK LIKE? WE NEED TO DEFINE WHAT THAT PROXIMITY IS.
HOW MANY FEET OR WHATEVER AWAY FROM, UM, THE SLEEPING FACILITIES, UH, WHAT SLEEPING FACILITIES ARE.
ARE WE TALKING ABOUT, UH, JUST RESIDENTIAL HOMES? ARE WE TALKING ABOUT APARTMENTS? ARE WE TALKING ABOUT SENIOR LIVING FACILITY? I MEAN, I DON'T KNOW WHAT THAT, WHEN WE SAY SLEEPING FACILITIES, THAT SEEMS A LITTLE VAGUE.
THE LAND USE, NATURE AND ZONING, WHETHER RESIDENTIAL OR COMMERCIAL OR THE AREA FROM WHICH IT SOUND EMANATES.
UH, YOU KNOW, WHAT SPECIFIC LAND USE ARE WE TALKING ABOUT? WHAT SPECIFIC, UH, ZONING.
UH, NONE OF THESE THINGS ARE REALLY SPECIFIC.
THEY'RE VERY GENERAL IN NATURE.
UM, THE TIME OF DAY OR NIGHT, THE SOUND OCCURS, KIND OF WHAT, UH, COUNCIL MEMBER RUIS WAS TALKING ABOUT.
WE'RE JUST, IT'S VERY STILL SUBJECTIVE.
IT'S LIKE, YOU KNOW, WHO'S GONNA MAKE THAT DETERMINATION, THE DURATION OF THE SOUND? HOW, HOW MANY HOURS OR, UH, MINUTES ARE WE TALKING ABOUT HERE? UH, THE NUMBER OF REASONABLE PERSONS OF ORDINARY SENSIBILITIES WITHIN THE VICINITY OF THE AREA.
WHAT VICINITY AND HOW MANY PEOPLE, WHAT'S THE MAX OR THE NUMBER THAT WE'RE TALKING ABOUT? THE NOISE LEVEL OF THE SOUND ABOVE THE AMBIENT SOUND, INCLUDING TRAFFIC SOUND.
WHAT, WHAT IS THAT BENCHMARK NUMBER? WHAT IS THE, THE, THE FLOOR THERE? UH, WHETHER THE SOUND HAS BEEN ENHANCED IN VOLUME OR ARRANGED BY ANY TYPE OF ELECTRONIC OR MECHANICAL MEANS, UH, I DON'T KNOW WHAT THAT REALLY ACTUALLY FULLY MEANS.
UH, ARE WE TALKING ABOUT, UH, SPEAKERS? ARE WE TALKING ABOUT, UM, YOU KNOW, SOME PEOPLE HAVE BIG LOUD SPEAKERS OR THEY MAY HAVE LITTLE SMALL, UM, YOU KNOW, SPEAKERS AND SPEAKING ON A MICROPHONE, WHETHER THE SOUND IS RECURRENT, INTERMITTENT OR CONSTANT.
SO I JUST THINK THAT THERE HAS TO BE MORE DEFINITION AS TO, UH, WHAT THESE THINGS ENTAIL AS FAR AS NUMBERS AND SPECIFICS.
NOT JUST GENERALITIES AS FAR AS THIS IS WHAT WE'RE, WE'RE, WE'RE GAUGING THIS OFF OF.
I THINK THAT, YOU KNOW, I I GO WITH THE RECOMMENDATION AS I STATED, BUT IT'S JUST NOT CLEARLY DEFINED TO ME.
LASTLY, I THINK THAT WE SHOULD ADD SOMETHING ABOUT SPECIAL EVENTS, UH, IN THAT IF PEOPLE ARE DOING SPECIAL EVENTS, I'M JUST THINKING NOW ABOUT THE MISSOURI CITY JUNETEENTH, UM, FOUNDATION, WHO DOES THEIR JUNETEENTH EVENT.
THEY TYPICALLY GO TO AROUND 11 O'CLOCK.
UH, I WOULD ROUGHLY SAY MAYBE UP TO 12, I DON'T KNOW.
BUT IF WE PUT A TIMEFRAME THAT YOU CAN HAVE YOUR EVENT, UH, UP UNTIL X AMOUNT OF TIME, IF ANYONE DOES A SPECIAL EVENT ACROSS THE, THE CITY OF MISSOURI CITY, YOU MUST BE ABLE TO END THAT X TIME.
IF YOU HAVE, YOU KNOW, NOISE THAT EX, YOU KNOW, THAT IS, I GUESS, EXCESSIVE IN NATURE AND THEIR NOISE IS GONNA BE EXCESSIVE.
I MEAN, IT'S NOT GONNA BE, YOU KNOW, THEY'RE NOT GONNA BE WHISPERING.
YOU KNOW, THEY'RE GONNA BE PLAYING LOUD MUSIC, PEOPLE GONNA BE PERFORMING.
AND I JUST WOULDN'T WANT THOSE INDIVIDUALS TO CONSTANTLY BE HARASSED, UH, OR TOLD YOU NEED TO SHUT DOWN YOUR EVENT, OR YOU NEED TO LURE YOUR, UM, YOUR PERFORMANCES, UH, OR YOUR MUSIC BECAUSE, YOU KNOW, PEOPLE ARE COMPLAINING.
I JUST THINK THAT THAT COULD HAVE A, A NEGATIVE CONSEQUENCE.
BUT THOSE ARE MY, MY COMMENTS.
UH, I DO PLACE MYSELF BACK IN THE QUEUE JUST TO ASK, WHEN WE PUT THE PATIO PROGRAM IN PLACE, OUTDOOR PATIO PROGRAMS,
[01:05:01]
DO WE CONSIDER INTO THE NOISE ORDINANCE? AND, AND WHAT THE TIME, I THINK COUNCIL MEMBER MAR AND COUNCIL MEMBER BONY HAS BEEN TALKING ABOUT, DID WE LOOK INTO THAT FACT? I, I'M NOT AWARE OF THAT.UM, WE'VE HAD THAT DISCUSSION WITH THE INITIAL PATIO PROGRAM APPLICATIONS, UM, THAT HAVE COME THROUGH.
AND THEN AS WE'RE, UM, HONING IN ON THESE REGULATIONS THAT WILL BE PART OF THE PATIO, UM, PROGRAM MOVING FORWARD.
SO GOING BACK TO, I THINK WE HEARD HERE, UH, SOME SORT OF A TIME RESTRICTION OR TIME WILL BE SET FOR ANY BUSINESSES MM-HMM.
TO, TO BE ABLE TO SHUT IT DOWN AT A CERTAIN TIME, WHAT THAT WOULD BE CONSIDERED.
WELL, TIME AMPLIFICATION OF SOUND CORRECT, UM, HAS BEEN PART OF THE CONVERSATION.
UM, AND THEN ALSO THE REFERENCE TO THE ZONING MATERIALS, RIGHT? SO MATERIALS AROUND THE, THE PATIO, RIGHT.
UM, OR MATERIALS ON THE SITE THAT CAN HELP MUFFLE THE SOUND OR, UM, KIND OF BRING THE SOUND BACK INTO, UH, OFF OF OTHER PROPERTIES.
WELL, YOU KNOW, I JUST HAVE A FEW COMMENTS.
I THINK, YOU KNOW, WE ALL HAD VERY GOOD DISCUSSIONS HERE.
I, I AGREE WITH THE CITY MANAGER.
IF IT AIN'T BROKE, DON'T FIX IT.
UNFORTUNATELY, OUR CITY JUMPS WHEN ONE PERSON SAYS JUMP, AND THEN WE SAY, HOW HIGH? SO TO HAVE 450 PLUS CALLS TO BE ABLE TO CALL WITHIN SAME BACK, SAME PERSON, SAME BUSINESSES BACK AND FORTH, I THINK, I FIND THAT IS NOT WHERE YOU WOULD CONSIDER MAKING A RULE OR RE OR REGULATIONS OR EVEN RESOLUTIONS OR WHAT HAVE YOU FOR OVER ONE, UNLESS IF THIS IS A COMMONALITY THING THAT'S GOING ON.
AND ALSO, WHEN YOU LIVE BEHIND A THOROUGHFARE, OBVIOUSLY THERE'S NOISES.
YOU UNDERSTAND THAT WHEN YOU BUY A HOUSE, UH, IT'S GIVEN.
AND IF THERE ARE OPEN LAND BETWEEN YOU, YOUR HOME AND THE THOROUGHFARE, THERE'S POTENTIALLY IT'S ZONE FOR BUSINESSES.
THERE'S NO QUESTION ABOUT THAT.
SO THESE ARE THINGS THAT DO TAKE PLACE.
I WOULD SAY GET A GOOD REAL ESTATE AGENT BEFORE YOU BUY A HOME.
UH, BUT AT THE SAME TIME, THESE ARE THE THINGS THAT SHOULD BE PUT OUT THERE.
I I JUST FEEL LIKE CITY MANAGER, I AGREE WITH YOU.
IF IT'S NOT BROKEN, LET'S NOT FIX IT.
I THINK WE'RE SPENDING TOO MUCH TIME ON TRYING TO CREATE AN, A RESOLUTION AND, AND RECREATE AN ORDINANCE JUST TO PUT IN ONE.
WE ALL GOTTEN COMPLAINTS, WE ALL HAVE GOTTEN EMAILS.
WE ALL, EVERY SINGLE PERSON I CAN SAY THAT'S BEEN SITTING UP HERE HAVE DONE THEIR DUE DILIGENCE TRYING TO, UH, FIGURE OUT A WAY TO RESOLVE THIS ISSUE OR, OR COME TO SOME SORT OF AN UNDERSTANDING.
AND, AND I, I BELIEVE IT'S JUST GOTTEN OUTTA CONTROL NOW TO A POINT WHERE IT'S BRAGGING RIGHTS ON SOCIAL MEDIA PLATFORMS AND, AND PUTTING IT OUT THERE THAT WE'RE NOT DOING ANYTHING WE'VE BEEN REPORTED BY TO NEWS MEDIA OUTLETS TO EVERY OTHER SOURCE OF THIS.
WE, WE SPENT ABOUT 51 MINUTES DISCUSSING THIS ISSUE.
AND REALLY THERE'S NO CLARITY FROM COUNCIL BECAUSE IT'S JUST NOT WHAT WE'RE LOOKING FOR.
AND BECAUSE WE ALREADY HAVE A, A ORDINANCE THAT'S IN PLACE AND WE'RE TRYING TO COME UP WITH A RESOLUTION THAT RETROFIT ONE INDIVIDUAL, THAT'S NOT WHAT MISSOURI CITY'S ABOUT MISSOURI CITY SHOULD BE ABOUT.
ALL, EVERYBODY HERE, ALL WHY WE TAKE GREAT PRIDE IN SAYING WE'RE NUMBER TWO WHEN IT COMES TO DIVERSITY.
WE TAKE A PRIDE IN OUR DIVERSITY.
WE TAKE PRIDE IN OUR BUSINESSES, SMALL BUSINESSES, HOW MANY OH, GRAND OPENINGS, RIBBON CUTTINGS THAT WE'RE DOING.
I THINK IT'S JUST RIDICULOUS AT THE FACT THAT WE'RE SITTING HERE TRYING TO COME UP WITH SOMETHING AND BE ABLE TO CALL ICEBREAKER FOR ME WAS TO BE ABLE TO, THE BUSINESS TO BE CALLED WHEN THEY'RE OFF THAT DAY.
AND TO ME, THAT SAYS SOMETHING ELSE.
SO I'D RATHER SPEND TIME LOOKING INTO THIS ORDINANCES AND CREATING IT AS A PATIO PROGRAM.
I HEARD ABOUT TWO COMMENTS FROM HERE TALKING ABOUT THERE SHOULD BE A TIME THAT WE SHOULD RESTRICT IT TO, ESPECIALLY NOISE LEVELS OUTSIDE.
WE NEEDED TO GET, WE ARE ALL HERE TO PROTECT OUR RESIDENTS, PROTECT OUR BUSINESSES, PROTECT ANY CUSTOMER THAT COMES INTO OUR CITY, WHETHER THROUGH POLICE, FIRE, UH, ANY OTHER MEANS OF FACTORS.
AND I THINK THAT'S WHAT WE NEEDED TO GO.
SO I WOULD, I WOULD A HUNDRED PERCENT AGREE WITH YOU THAT IF IT AIN'T BROKEN, WE'RE NOT GONNA FIX THIS.
[01:10:01]
I'M NOT SEEING ANYONE ELSE.I GUESS THAT'S THE ENOUGH DIRECTION THAT Y'ALL GOT.
COUNCIL MEMBER AB RECOGNIZING CONSIGN,
I JUST WANTED TO SIMPLY SAY, MAYOR, I, I TOTALLY, UH, AGREE WITH YOU ON THIS, THE EXCESS AS FAR AS, YOU KNOW, ONE INDIVIDUAL, BUT I DO REMEMBER THERE BEING A FEW OTHER INDIVIDUALS WHO CAME UP ALSO AND SPOKE, UH, WHO LIVED IN THAT AREA AS WELL.
BUT, UM, NEITHER HERE NOR THERE.
UH, I, I JUST THINK THAT, YOU KNOW, WHAT I HEARD FROM THE INITIAL CONVERSATION WHEN THIS WAS BROUGHT FORTH, THAT THERE WERE SOME THINGS BROKEN FROM OUR POLICE CHIEF SAYING THAT THERE NEEDED TO BE A LITTLE BIT MORE TEETH IN THIS AS FAR AS THEIR OFFICERS NOT REALLY HAVING A CLEAR DIRECTION OR HOW TO HANDLE THESE THINGS.
AND SO, UH, I THINK THAT IMPROVING, WE ALREADY HAVE AN ORDINANCE IN PLACE, SO IT'S NOT LIKE WE'RE CREATING A NEW ONE, BUT IMPROVING ALL OF OUR, LOOKING AT ALL OF OUR ORDINANCES, WHICH WE'VE TALKED ABOUT IN THE PAST, AND SEEING WAYS IN WHICH WE CAN IMPROVE THEM, I THINK IS A, A IS A POSITIVE THING.
UM, AND SO I'M NOT LOOKING AT THIS SOLELY BASED OFF OF ONE INDIVIDUAL, UM, BUT I AM LOOKING AT HOW WE CAN MAKE THINGS BETTER FOR OUR OFFICERS WHO ARE THE ONES WHO HAVE TO, TO DEAL WITH THIS, THE, THIS ISSUE, BUT ALSO, UM, MAKING SURE THAT WE ARE CONCERNED.
WE ALL, ALL ARE CONCERNED ABOUT THE QUALITY OF LIFE OF ALL OF OUR RESIDENTS, WHETHER IT'S ONE OR ALL, UH, ALL OF THEM.
AND SO I JUST THINK THAT IF WE CAN MAKE THIS BETTER, UH, 'CAUSE AGAIN, IT'S ALREADY ON THE BOOKS.
SO ALL I'M LOOKING FOR HOPEFUL THAT WE CAN DO NOW THAT IT'S BEEN PUT FOR FORTH BEFORE US, IS TO FIGURE OUT A WAY THAT WE CAN JUST MAKE THINGS BETTER FOR, FOR, FOR THE, UH, POLICE.
SO I WOULD SUGGEST THAT THEN EVERY DIRECTION THAT YOU HEARD TODAY FROM EVERYONE ON THE DA, COME BACK WITH IT.
I'M NOT READY TO MAKE A DECISION ON WHAT EVERYTHING THAT'S BEEN SAID, BECAUSE I NEED CLARITY AND, AND I NEED TO SEE WHAT WE'RE DOING BECAUSE TODAY'S PRESENTATION IS GREAT, BUT THERE'S STILL QUESTIONS, RIGHT? AND TO THE POINT OF WHEN WE DECIDED TO DO A RESOLUTION, I THINK WE NEED TO HAVE TEETH IN IT THAT CAN BE MEASURED.
UH, IF NOT, YOU'RE BACK TO THE SAME SITUATION AGAIN.
AND I, I NOTICED THAT COUNCIL MEMBER MORALE IS, I, I'VE JUST SAW YOURS NOW.
I, FIRST OF ALL, I WANNA SAY THANK YOU 'CAUSE I KNOW THIS TOOK A LOT OF TIME.
SO EVERYONE WHO WAS INVOLVED, THANK YOU.
I THINK THIS IS DIRECTIONALLY IN THE RIGHT DIRECTION.
I'M, I'M GONNA GO BACK ON RECORD TO SAY THAT WE SHOULD MAYBE LOOK AT SOME TIMESTAMPS ON WHEN WE CAN HAVE A CERTAIN LEVEL OF AMPLIFIED SOUND.
'CAUSE THIS WAS VERY INFORMATIVE AND HAD A LOT OF HARD WORK WENT INTO IT.
SO IT SEEMS LIKE, UM, WHAT I'M, WHAT I'M HEARING IS WE WANNA LOOK AT SOME SORT OF, UH, DEFINING OF TIME AND WHAT'S APPROPRIATE FOR TIME.
UH, LOOK AT SOMETHING TO DO WITH SPECIAL EVENTS OR, OR KIND OF DEFINING AND FLUSHING THAT OUT A LITTLE BIT MORE.
THAT WAS, THAT WAS A GENERAL CONSENSUS OF, OF THE GROUP.
AND, AND TO MAKE SURE WE, I MEAN, PUT MORE DEFINITION BEHIND ALL OF THESE THINGS YOU MENTIONED PROXIMITY, WHAT DOES THAT LOOK LIKE? SO IF WE'RE GONNA PUT IT IN THERE, THEN WE NEED TO, TO DEFINE WHAT THAT MEANS.
UH, OTHERWISE WE DON'T PUT IT IN, IN MY OPINION.
THEN KEEP IN MIND THAT THIS IS BASED ON REASONABLE, UM, REASONABLE JUDGMENT BY THE POLICE OFFICER.
IF WE GO TO TRY TO BE SPECIFIC AROUND THE PROXIMITY OF SOUND TO SLEEPING FACILITIES AND ALL OF THAT, THAT'S GOING TO BE DIFFERENT FOR EVERY AREA IN THE CITY.
AND, AND THERE'S JUST NO WAY THAT WE ARE GOING TO BE ABLE TO DO THAT AND DO IT IN A MANNER THAT'S SO SPECIFIC THAT THE OFFICERS GOING TO HAVE AN EXAMPLE AND SOME KIND OF DEFINITION OF THAT FOR EVERY OCCASION.
THAT'S, THAT'S JUST IMPOSSIBLE BECAUSE WE'RE LOOKING AT THE ENTIRE CITY.
WE'RE LOOKING AT ZONING DIFFERENTLY IN EACH PART OF THE CITY.
WE'RE LOOKING AT RESIDENTIAL TO RESIDENTIAL, COMMERCIAL TO RESIDENTIAL INDUSTRIAL.
THERE'S JUST NO WAY WE ARE GOING TO BE ABLE TO SPECIFY THAT IN AN ORDINANCE, RIGHT? SO I JUST WANT TYPES OF SOUND, DOGS, CARS, MUSIC.
EVERYTHING THAT IT JUST HAS TO BE REASONABLE, THE REASONABLE INTERPRETATION OF THE OFFICER RESPONDING TO THE COMPLAINTS.
I JUST, JUST DON'T WANT US TO HAVE ANY UNINTENDED CONSEQUENCES WITH SOMETHING LIKE THAT WHERE IT'S LEFT UP TO, YOU KNOW, PEOPLE BEING SUBJECT, THE OFFICERS BEING SUBJECTIVE AS TO HOW THEY DETERMINE THESE THINGS.
I JUST FEEL LIKE BY GIVING THEM, YOU KNOW, SOME INFORMATION LIKE GUARDRAILS OR CERTAIN, UM, YOU KNOW, BENCHMARK NUMBERS OR THINGS LIKE THAT, IT COULD BE A LITTLE BIT, UH, MORE HELPFUL.
BUT, UM, CHIEF, IF YOU FEEL LIKE JUST LEAVING IT VAGUE LIKE THIS FROM, FROM WHAT I'M HEARING YOU'RE SAYING IS POSSIBLY REMOVE SOME OF THESE, 'CAUSE LIKE, LIKE CITY MANAGER SAID, WE'RE NOT GONNA BE
[01:15:01]
ABLE TO MEASURE, THEY'RE, THEY'RE NOT GONNA BE ABLE TO MEASURE EVERY SINGLE DIFFERENT LOCATION.SO IT SOUNDS LIKE THE MOVE, I WOULD RATHER US NOT EVEN OF THE, I HOO SOME OF THIS.
IF WE'RE NOT GONNA PUT ANY, YOU KNOW, I THINK IT WAS COUNCIL MEMBER RILEY WHO MENTIONED TEETH, YOU KNOW, YOU DON'T WANNA JUST PUT VAGUE INFORMATION IN THERE.
I MEAN, IT'S JUST TO ME, IF YOU'RE GONNA PUT A NUMBER, I MEAN A PARTICULAR THING IN THERE, PROXIMITY, DURATION, THOSE ARE THINGS THAT ARE TIED TO NUMBERS TO ME WHEN I THINK OF THOSE THINGS.
SO IF YOU'RE NOT GONNA PUT A NUMBER THERE, THEN WHY EVEN HAVE IT? SO, YES, I'M DONE, SIR.
SO I, I WOULD JUST SAY IT AGAIN IS WHEN YOU'RE INSIDE OF A BUILDING, RIGHT, WHAT YOU HEAR OUTSIDE IS ONE THING.
WE ALL HAVE BUSINESSES AND OTHER THINGS THAT ARE CLO YOU KNOW, INSIDE, THE ONLY THING I CAN THINK OF IS, UH, THE PARKS, THE, THE AMPLIFYING NOISES, WHICH, WHICH TENDS TO CARRY ONTO A PATIO, RIGHT? PATIO PROGRAM OR PA BEING OUTSIDE THOSE HAS TO HAVE SOME CERTAIN HOURS, WHICH OFFICERS, WHEN THEY GET OUT THERE, IF IT SAY IT'S 10 O'CLOCK, THAT'S 10 O'CLOCK AND IT'S 10 0 1, THEY NEED TO SHUT IT DOWN.
THAT GIVES THEM SOME, SOME SORT OF A, A, A CLEAR CUT VERSION.
OTHERWISE, YOU KNOW, IN THIS PARTICULAR INCIDENT YOU HAVE BUILDING, THEN YOU HAVE HIGHWAY SIX, ALL THE TRAFFIC GOING, LIKE WHICH ONE ARE YOU TRYING TO MEASURE? AND I ALSO WANTED TO TELL YOU THAT PLEASE THANK YOUR OFFICERS FOR GOING OUT THERE, THE 455 TIMES
WHILE WE UNDERSTAND THAT WE ARE SHORT OF OFFICERS AND THEY ARE, THEIR JOB IS TO PROTECT ALL RESIDENTS THROUGHOUT THE CITY IN ALL THOSE TIMES.
SO I JUST WANT TO TELL YOU THANK THEM FOR THIS.
AND I KNOW WE ARE WORKING THROUGH THIS PROCESS WITH, WITH CITY STAFF TO MAKE SURE THAT WE PUT SOMETHING IN PLACE THAT WOULD HELP THEM.
BUT I CAN JUST IMAGINE TO YOUR NUMBER FIVE, WHICH SAYS THE NUMBER OF REASONABLE PERSONS OF ORDINARY SENSIBILITIES.
THAT TELLS ME YOU GOTTA HAVE COMMON SENSE LEADERSHIP.
SO TOM, THANK YOU AND I'LL END IT.
COUNCILMAN RILEY, YOU MAKE SOME VERY EXCELLENT POINTS.
I DEFINITELY DITTO THOSE MAYOR.
UM, BUT I WANTED TO JUST REALLY MAKE A COMMENT.
E JOYS ISN'T SOME OF THIS ALREADY SOME OF THIS LANGUAGE ALREADY IN OUR CURRENT ORDINANCE AND DON'T WE HAVE TIME TIMES IN OUR, UH, CURRENT NOISE ORDINANCE THAT TALKS ABOUT CERTAIN DAYS? UH, MUSIC CAN'T BE A CERTAIN AFTER A CERTAIN POINT OF TIME.
I REMEMBER SOMETHING BEING IN THERE FROM YEARS AGO.
I KNOW WE HAVE, UM, SPECIFIC REQUIREMENTS AS IT RELATES TO LIKE CAR, UH, SOUNDS FROM CARS AND OTHER SPECIFIC TYPE OF NOISES.
UH, BUT THIS IS THE PROVISION, UH, AT LEAST THE LANGUAGE THAT'S IN THE BLACK ON THE SCREEN, THAT IS THE NOISE, UH, ORDINANCE PROVISION THAT WE GENERALLY USE FOR ITEMS THAT ARE NOT INCLUDED IN THAT SPECIFIC LIST.
SO IN THE CURRENT ORDINANCE, WHAT REFERS TO TIME AS BUILDING OPERATIONS AT NIGHT? SO NO BUILDING OPERATIONS CONSTRUCTION BETWEEN 10:00 PM AND 7:00 AM CORRECT? MAYBE THAT'S WHAT YOU'RE REFERRING TO.
IS THERE ANYTHING IN THERE ABOUT MUSIC, LOUD MUSIC OR ANYTHING LIKE THAT? NO.
'CAUSE SOME OF THIS LOOKS MAY LOOK SIMILAR TO SOME OF THE THINGS THAT WE HAVE.
SO IF YOU COULD PROVIDE US, UM, JUST TO MAKE IT EASY AND CONVENIENT, COULD YOU SEND US OUT A COPY OF JUST THAT SECTION, UM, OF THE NOISE ORANGE, TO MAKE SURE THAT WE'RE NOT JUST REPEATING OURSELVES AND MAKING SURE THAT ALSO WE'RE NOT SETTING OURSELVES UP FOR, UM, A LOT OF UNNECESSARY ACTIONS THAT MAY TAKE PLACE OUT THERE.
UM, 'CAUSE I'M, MY BIGGEST CONCERN, OBVIOUSLY IS THE UNNECESSARY USE OF OUR POLICE OFFICERS AND BEING ABLE AND GOING OUT THERE BASED ON ALL THE CONVERSATIONS THAT WE'VE HAD, WE WANNA MAKE SURE THAT WE UTILIZING OUR RESOURCES ACCURATELY AND PROFESSIONALLY AND THAT OUR OFFICERS KNOW THAT THEY, THEIR TIME IS, IS VALUED, UM, AND FOCUSED ON PUBLIC SAFETY.
ALRIGHT, CHIEF, I PLACE MYSELF AGAIN IN THE QUEUE JUST TO MAKE A COMMENT.
SO IF YOUR OFFICER GOES OUT THERE TO ANY BUSINESS, ANYTIME, DOESN'T MATTER, DAY, NIGHT, WEEKEND, WEEKDAYS, WHATEVER TIME, IF YOU HAVE A PERSON WHO'S OUT THERE THAT HAVING AN INDECENT RIGHT BEHAVIOR, WHICH I CALL PEEING OR, OR DOING ANY OF THAT, WHAT IS THERE, UH, UH, RESTRICTIONS THAT'S OUT THERE FOR YOUR OFFICERS TO, TO, TO GO THROUGH THAT AND, AND, AND ADDRESS THAT ISSUE?
[01:20:01]
YES, YOU DO HAVE THAT.BUT YOU HAVE TO BE IN THE ACT, RIGHT? YEAH.
YOU HAVE TO HAVE A ON VIEW IT, YOU HAVE TO HAVE A COMPLAINANT, SOMEBODY YES.
THE OFFICER WHO'S ADDRESSING IT HAS TO HAVE IT IN THE ACT, RIGHT? YES.
SO WE HAVE ORDINANCES THAT TAKES PLACE THAT THAT'S PUT IN PLACE FOR YOUR OFFICERS TO WHEN THEY'RE IN SEEING IN THE ACT OFF, RIGHT? CORRECT.
ITEM NUMBER, THERE'S NO CLOSE EXECUTIVE SESSION, RIGHT? OKAY, SO ITEM NUMBER SEVEN IS 7:03 PM THE CITY COUNCIL MEETING IS JUST ADJOURNED.