* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [1. CALL TO ORDER] [00:00:04] GOOD EVENING. THIS IS MAYOR FORD. THE TIME IS NOW FIVE 30 AND THE STATE. AND I SAY THAT THE NOTICE OF THE SPECIAL CITY COUNCIL MEETING WITH DULY POSTED BEFORE I DO A ROLL CALL OF COUNCIL AND STAFF, I WANT TO TAKE A MOMENT TO HAVE A MOMENT OF SILENCE. WE LOST A FELLOW OFFICER THIS PAST WEEK DUE TO FRIENDLY FIRE, AS WELL AS, UH, THE, TO SEND OUT DIVIS DEEPEST CONDOLENCES TO THE GEORGE FLOYD FAMILY AND TO ALL THE FAMILIES THAT HAVE LOST LOVED ONES DUE TO RACISM OR POLICE BRUTALITY. SO IF I CAN GET EVERYONE TO MUTE YOUR PHONES AND WE'LL TAKE A FEW SECONDS ASSIGNMENTS. THANK YOU. OKAY. THANK YOU. WE WILL START WITH THE ROLL CALL. IF I CAN GET CITY COUNCIL TO SAY TO STATE HERE ARE PRESENT. WHEN I CALL YOUR NAME. MAYOR PRO TEM PRESTON PRESENT. OKAY. CASTLE MEMBER AT WORKS, COUNCIL MEMBER EDWARDS, COUNCIL MEMBER STERLING PRESENT COUNCIL MEMBER BONEY, PRESENT COUNCIL MEMBER RUELAS PRESENT COUNCIL MEMBER EMORY PRESENT. THERE WILL NOW BE A ROLL CALL OF CITY STAFF AND MEETING PRESENTERS. AS I CALL YOUR NAME, PLEASE STATE HERE OR PRESENT. OKAY. INTERIM CITY MANAGER, BILL ATKINSON. YEAH, ASSISTANT CITY MANAGER LANDMARK TAIL. OKAY. DID HE SECRETARY MARIA JACKSON PRESENT CITY ATTORNEY PRESENT DIRECTOR OF COMMUNICATIONS, STACY WALKER AS AN ASSISTANT CITY ATTORNEY. JAMES SAID ANGELA JAMES ST. ANGELO DIRECTOR OF FINANCIAL SERVICES, ELENA PORTIS, PRESENT PURCHASING AND RISK MANAGERS, INQUISITIVE PRESENT SHANNON PLEASANT PRESENT. IS THERE ANYONE ELSE THAT I DID NOT CALL THEIR NAME? THANK YOU, MAYOR. AND WHO IS THAT? CEDRIC. OKAY. CEDRIC, WE HAVE YOU. THANK YOU. [2. DISCUSSION/POSSIBLE ACTION] WE WILL START WITH AGENDA ITEM TO DISCUSS PUBLIC AND PRIVATE ROADWAYS IN THE CITY, INCLUDING ROADWAYS AND MIDDLE CREEK. THAT SHOULD FOR, WE HAVE SEVERAL PEOPLE WHO HAVE SIGNED UP TO SPEAK. SO WE WILL ALLOW OUR STAFF TO GIVE A PRESENTATION AND THEN WE WILL GO TO THE PUBLIC COMMENTS. IS JAMES ON THE LINE. AND CAN I GET EVERYONE TO MUTE YOUR PHONES UNTIL IT'S TIME FOR YOU TO SPEAK? DOUG? CAN YOU ASSIST US WITH THAT? YES. THANK YOU. ARE YOU GOING TO DO THE PRESENTATION? I DON'T THINK, I DON'T KNOW IF JAMES IS ON THE LINE. HE'S THERE, HE'S THERE, BUT HE'S ON MUTE. HELLO? WE CAN HEAR YOU. GO AHEAD. OKAY. YEP. OKAY, GO AHEAD, JAMES. AM I COMING THROUGH? YOU ARE NOW. OKAY. I'M SORRY. UM, YEAH, APPARENTLY THE PHONE SOMETHING'S GOING ON WITH THE PHONE. I HAVE TO USE MY COMPUTER MICROPHONE, BUT AS LONG AS EVERYBODY COULD HEAR ME, I APOLOGIZE FOR THAT. OKAY. THANK YOU. UM, ALRIGHT, SO, UH, [00:05:01] MAYOR AND COUNCIL, FIRST OF ALL, I WANT TO SAY GOOD EVENING. UM, I'M GOING TO BE PRESENTING FOR THE NEXT FEW MINUTES ON PRIVATE STREETS, UM, PRIVATE AND PUBLIC STREETS IN THE CITY OF MISSOURI CITY. UM, IF YOU CAN GO TO THE NEXT SLIDE, PLEASE. OKAY. THIS, UH, PRESENTATION IS, UH, GEARED TOWARD THE STRATEGIC GOAL OF THE CITY COUNCIL TO HAVE QUALITY DEVELOPMENT THROUGH BUILD-OUT AND IT HAS THREE OBJECTIVES. IF YOU CAN GO TO THE NEXT SLIDE, PLEASE. OKAY. THIS IS THE THING I'M GOING TO TALK ABOUT IS, UM, BASICALLY HOW TO DETERMINE WHETHER A STREET IN THE CITY IS PUBLIC OR IF IT'S PRIVATE. AND, UH, SOMETIMES YOU HAVE TO LOOK AT A NUMBER OF FACTORS, UM, AND SEE WHERE THE EVIDENCE POINTS TO. UM, BECAUSE A LOT OF TIME THESE STREETS WERE EITHER DEDICATED OR CONSTRUCTED SOME TIME AGO. AND I'LL JUST GIVE YOU SOME EXAMPLES ON WHAT TO LOOK FOR. THE SECOND OBJECTIVE IS TO DISCUSS CITY SERVICES AND WHICH CAN BE PERFORMED ON PRIVATE STREETS, UM, AND WHICH WE ACTUALLY DON'T HAVE THE AUTHORITY TO CONDUCT ON PRIVATE STREETS. AND THEN FINALLY THE THIRD OBJECTIVE IS, UH, BECAUSE THERE'S BEEN A LOT OF INPUT FROM THE PUBLIC ABOUT THE MEADOW CREEK SUBDIVISION. I WANT TO, UH, ADDRESS THAT CASE SPECIFICALLY AND APPLY, UH, PUBLIC VERSUS PRIVATE STREET ANALYSIS TO THAT, UM, SPECIFIC CASE. SO IF YOU CAN GO TO THE NEXT SLIDE, PLEASE. OKAY. SO THIS IS, UH, THE FIRST PART OF THE PRESENTATION, UM, HOW TO DETERMINE WHETHER A STREET IS PUBLIC OR PRIVATE. UM, SO THIS IS A MAP, UM, OF PRIVATE STREETS IN THE CITY. I KNOW IT'S A PRETTY SMALL, SO YOU'RE NOT GOING TO BE ABLE TO READ EXACTLY WHAT THOSE STREETS ARE, BUT I WANTED TO GIVE, UH, THE MAYOR AND COUNCIL SOME IDEA OF HOW MANY STREETS WE'RE TALKING ABOUT HERE AND, UM, WHICH ONES ARE GATED VERSUS WHICH ARE NOT GATED. UH, THE GREEN ONES ON THE MAP ARE GATED THE ORANGE ONES OR NOT. UM, BUT HERE'S KIND OF AN IDEA OF WHERE THE PRIVATE STREETS ARE IN THE CITY AND, UM, BASICALLY HOW MANY THERE ARE. SO IF YOU CAN GO TO THE NEXT SLIDE, PLEASE. OKAY. SO THE FIRST THING, UM, THAT ONE COULD LOOK AT IN DETERMINING WHETHER OR NOT A STREET IS PUBLIC OR PRIVATE, IS THE PLAT ITSELF. NOW, UH, THE SUBDIVISION PLAT FOR ANY GIVEN SUBDIVISION IS, UM, GOES THROUGH A VERY SPECIFIC PROCESS, SET FORTH IN STATE LAW. UM, IT, IT IS, UH, IT GOES THROUGH A PROCESS THAT ARE, UM, OUR PUBLIC WORKS TEAM, AS WELL AS OUR DEVELOPMENT SERVICES TEAM, UH, PLANNING DIVISION REVIEWS, AND IT'S APPROVED BY OUR PLANNING AND ZONING COMMISSION, AS WELL AS THE CITY COUNCIL. UM, NOW SOMETIMES YOU'LL HAVE A PRIVATE STREET DESIGNATIONS ON THE PLAT ITSELF. AND IF YOU LOOK AT THE PRESENTATION, I'VE ACTUALLY PROVIDED SUCH AN EXAMPLE. UH, THIS I BELIEVE IS, UH, IF I'M NOT MISTAKEN, THIS IS THE PORTION OF THE PLATTE FOR QUAIL VALLEY TOWNHOMES. UM, AND THE PLATTE ACTUALLY, AS YOU CAN SEE, THIS IS JUST A SMALL BIT OF IT, BUT IT DESIGNATED PRIVATE DRIVES, UH, RIGHT THERE ON THE PLAT. UM, AND IT ACTUALLY SAYS IT RIGHT THERE ON THE RIGHT OF WAY, I'VE CIRCLED WHERE IT SAYS PRIVATE DRIVE, BUT SOMETIMES YOU HAVE TO LOOK AT THE NOTES AS WELL. SO I PROVIDED SOME EXAMPLES OF THAT. YOU'LL GO TO THE NEXT SLIDE, PLEASE. OKAY. AND I'VE PROVIDED, UM, TWO EXAMPLES. ONE IS ONE THAT YOU MIGHT SEE IN THE PLATTE NOTES FOR A PRIVATE STREET. UM, THIS ONE I BELIEVE WAS TAKEN FROM PEBBLE BEACH, THE FIRST ONE, AND IT BASICALLY SAYS THAT THE STREETS ARE FOR THE EXCLUSIVE USE OF THE PROPERTY OWNERS. AND, UM, BASICALLY MANY OF THE PROPERTY RIGHTS ASSOCIATED WITH THAT ARE NOT DEDICATED FOR USE OF THE GENERAL PUBLIC. SO THAT'S CLEARLY, UM, A DESIGNATION THAT SUGGESTS THAT THOSE STREETS ARE MEANT TO BE PRIVATE. I PROVIDED ANOTHER EXAMPLE OF, UM, WHAT YOU MIGHT SEE ON A PLAT OR IN THE PLAT NOTES FOR A PUBLIC RIGHT OF WAY. AND, UM, YOU KNOW, THE LANGUAGE MIGHT DIFFER A LITTLE BIT, BUT IN A LOT OF CASES IT MIGHT SAY THAT IT'S DEDICATED TO THE USE OF THE PUBLIC OR DESIGNATED FOR, UM, COMMON PROPERTY OR SOMETHING LIKE THAT STREETS, UM, AND, AND DESIGNATES THE, [00:10:01] UH, PUBLIC PLACES. SO, UM, YOU KNOW, IF IT DOESN'T SAY WHETHER STREET IS PUBLIC OR PRIVATE ON THE PLAT ITSELF, UH, ONE WAY TO DO IT IS TO LOOK AT THE NOTES. CAUSE USUALLY THERE IS SOME SORT OF NOTE ABOUT, UM, STREETS AND OTHER RIGHTS OF WAY AND OTHER PUBLIC PLACES THAT MIGHT EXIST IN, UH, A SUBDIVISION PLAT. OKAY. SO ON THE NEXT SLIDE, UM, I WANTED TO LET YOU ALL KNOW THAT, UH, EVEN THOUGH A SUBDIVISION PLAT MIGHT STATE OR DEDICATE CERTAIN PROPERTY TO THE PUBLIC, A STATE LAW ACTUALLY SAYS THAT THAT DOESN'T NECESSARILY MEAN THAT THOSE PROPERTY RIGHTS, UH, REVERT BACK TO THE CITY OR ARE GRANTED TO THE CITY. UH, THIS IS THE TEXT OF, UM, CHAPTER TWO OR I'M SORRY, SECTION TWO, 12 OH 11 AND THE LOCAL GOVERNMENT CODE, WHICH IS A CHAPTER GOVERNING THE PLANNING PROCESS. AND WHAT THAT BASICALLY SAYS IS THAT EVEN THOUGH THERE MIGHT BE A DEDICATION TO THE PUBLIC IN A PLANT OR ON A PLAT, AND, UM, IT'S APPROVED BY THE CITY, JUST THAT FUNCTION, THAT ADMINISTRATIVE FUNCTION OF THE CITY OF ACCEPTING A PLAT DOESN'T NECESSARILY MEAN THAT THE CITY HAS ACCEPTED ANY PROPOSED DEDICATION. UM, AND THEREFORE DOESN'T IMPOSE ANY MAINTENANCE OR IMPROVEMENT, UH, RESPONSIBILITY ON THE CITY. SO BASICALLY IT'S A KIND OF A TWO PART PROCESS. NOT ONLY DOES THE DEVELOPER HAVE TO DEDICATE, UH, THE USE OF SOME PROPERTY ON A PLAT TO THE PUBLIC, BUT THE CITY HAS TO TAKE SOME ACTION, UM, IN ORDER TO ACTUALLY ACCEPT THAT. AND THEY CAN DO THAT EITHER BY FORMAL, EITHER BY, UH, A COUNCIL DECISION OR SOMETHING LIKE THAT, OR, UM, THEY CAN ALSO TAKE SOME IMPLICIT RESPONSIBILITY FOR A PUBLIC DEDICATION BY ENTRY YOU USE OR IMPROVEMENT. AND I'M GOING TO TALK ABOUT THAT IN A LITTLE WHILE, BUT, UH, YOU, NO, THIS IS JUST TO SERVE, UM, AS AN EXAMPLE, THAT JUST BECAUSE, UH, A PIECE OF PROPERTY IS DEDICATED TO THE PUBLIC, THAT'S NOT THE WHOLE STORY. THE CITY WOULD HAVE TO ACCEPT THAT EITHER BY ACTION OR BY, UM, THE LEGISLATIVE APPROVAL. SO IF YOU'LL GO TO THE NEXT SLIDE, PLEASE, UM, IF THE PLAT ISN'T CLEAR AND SOMETIMES, UM, LIKE I SAID, THE LANGUAGE DIFFERS, OR SOMETIMES IT'S SILENT WITH RESPECT TO WHETHER STREETS ARE PUBLIC AND PRIVATE. YOU COULD ALSO LOOK AT THE DEED RESTRICTIONS. UM, AND BASICALLY I PROVIDED A LITTLE BIT OF THE, WHAT THE STATUTES SAY ABOUT DEED RESTRICTIONS, UM, AT THE TOP THERE, UH, THAT SAYS THEY'RE LIBERALLY CONSTRUED TO GIVE EFFECT TO ITS PURPOSE AND INTENT. UM, SO, YOU KNOW, THAT JUST GOES TO SHOW THAT, UM, THAT IS BASICALLY THE, THE INTENT OF THE DEED RESTRICTIONS CAN COVER AND HOW YOU WOULD TREAT A SPECIFIC PIECE OF PROPERTY. AND THESE TWO, UM, THESE TWO EXAMPLES I'VE PROVIDED THEY'RE ACTUALLY FROM THE SAME DEED RESTRICTIONS, THEY'RE FROM MEADOW CREEK SECTION FOUR. AND, UM, THE FIRST ONE SAYS THAT, UH, COMMON PROPERTY THAT IS DESIGNATED AS, UM, A PRIVATE STREET IS IMPROVED, MAINTAINED AND USED AS A PRIVATE STREET FOR THE RESIDENTS OF THAT SUBDIVISION, THE BUILDING LOT OWNERS AND THEIR GUESTS, AND THAT THE, UH, PROPERTY OWNERS ASSOCIATION HAS FULL CONTROL AND DISCRETION WITH RESPECT TO THE DETAILS OF IMPROVEMENTS AND MAINTENANCE. UM, BASICALLY IN THAT SPECIFIC CASE. AND I DID TELL YOU, I WOULD TALK ABOUT METAL CREEK CAUSE THERE'S BEEN SOME CONCERN OVER THOSE STREETS. UM, THE DEED RESTRICTIONS HAS DEFINED A COMMON PROPERTY AS IT'S USED HERE AS, UM, BASICALLY ANYTHING THAT'S NOT A BUILDING LOT OR A RESIDENTIAL LOT. SO ANYTHING THAT'S NOT A, YOU KNOW, ACTUAL HOME LOT WITH A STRUCTURE ON IT, UM, WOULD BE CONSIDERED COMMON PROPERTY. AND THESE DEED RESTRICTIONS CLEARLY SAY THAT THE ASSOCIATION HAS A DISCRETION AND RESPONSIBILITY FOR MAINTENANCE. AND THEN LATER ON IN THE DEED RESTRICTION, I THINK THIS IS ON THE SAME PAGE, BUT IT SERVES AS ANOTHER EXAMPLE. UM, IT SAYS THAT THE ASSOCIATION PERFORMS FUNCTIONS NECESSARY FOR THE MAINTENANCE OF KEEPING REPAIR OF COMMON PROPERTY. NO, I MEAN, IT GOES INTO A LITTLE BIT MORE DETAIL THERE, BUT, UM, I THINK IF YOU LIBERALLY CONSTRUE THOSE PROVISIONS AS THE LAW DICTATES THAT, UM, YOU WERE TO DO [00:15:01] THAT BASICALLY IS A GOOD INDICATOR, THAT THE ASSOCIATION IS RESPONSIBLE FOR, UH, THE MAINTENANCE OF THOSE STREETS, WHICH WOULD SUGGEST THAT THOSE STREETS ARE PRIVATE. SO GO TO THE NEXT SLIDE, PLEASE. UM, AND I JUST WANT TO MAKE A NOTE ABOUT GATED COMMUNITIES. THAT IS A GOOD WAY OBVIOUSLY TO TELL THAT IF A STREET IS PUBLIC OR PRIVATE, UM, IF IT'S BEHIND A GATE, IT'S PROBABLY A PRIVATE STREET, UM, WITH RESPECT TO THE AUTHORITY OF A, UH, A COUNTY, THE, THE TEXAS ATTORNEY GENERAL'S OFFICE HAS ACTUALLY WEIGHED IN ON, UH, HOW YOU'RE TO TREAT A GATED COMMUNITY. UM, AND IT SAYS THAT THE COUNTY CAN'T ACCEPT IT, BUT, UM, IT HAS TO MAINTAIN A STREET AFTER IT ACCEPTS IT, BUT, UM, ACCESS TO A PUBLIC ROAD, CAN'T BE RESTRICTED BY THE PROPERTY OWNERS THAT, UH, BUT THAT NOW PRO NOW PUBLIC ROAD, UM, BY USE OF A GATE AND SAYS BY MEANS OF A LOCKED GATE. SO, YOU KNOW, THAT'S ESSENTIALLY SAYING IF YOU'VE GOT A GATED SUBDIVISION, EVEN IF A CITY ACCEPTS OWNERSHIP AND RESPONSIBILITY OF THE STREETS IN THAT SUBDIVISION, IT CAN'T BE BLOCKED WITH A GATE AND STILL BE CONSIDERED A PUBLIC ROAD. SO THAT'S USUALLY A PRETTY GOOD CLUE. YOU GO TO THE NEXT SLIDE, PLEASE. UM, AND FINALLY, UM, ANOTHER CLUE THAT'S OFTEN USED TO, UH, POINT TOWARDS WHETHER OR NOT A STREET IN THE CITY IS PUBLIC OR PRIVATE IS, UH, WHAT CONSTRUCTION STANDARDS IS A STREET BUILT UNDER. AND I HAVE PROVIDED ONE EXAMPLE ON THIS SLIDE. UH, THE CITY HAS A LOT OF, UM, INFRASTRUCTURE STANDARDS. A LOT OF THEM ARE CONTAINED IN OUR, OUR PUBLIC INFRASTRUCTURE DESIGN MANUAL, AND CHAPTER 11 GOVERNS THE, UH, THE ROADWAYS AND THE CONSTRUCTION STANDARDS THAT, UH, DEVELOPERS ARE HELD TO. UM, IF YOU WANT TO, UH, MAINTAIN A PUBLIC STREET, YOU KNOW, ONE OF THE THINGS THAT SAYS AS I PROVIDED HERE IS THAT, UH, IT HAS TO BE A CONCRETE CURB AND GUTTER CONSTRUCTION, WHICH I REMOVED BACK IN THE PRESENTATION. IF YOU COULD ADVANCE ONE. YEAH, THANK YOU. UM, START, UH, SERVED BY UNDERGROUND STORM SEWERS. THAT'S JUST ONE EXAMPLE. ANOTHER EASY ONE IS, UM, THE, THE SAME CHAPTER ACTUALLY PROHIBITS THE USE OF, OR THE CONSTRUCTION OF SPEED HUMPS AS A, UH, A SPEED CONTROL MEASURE DEVICE. UM, SO IF YOU'RE LOOKING A STREET AND YOU WANT TO EXAMINE ITS CONSTRUCTION TO SEE WHETHER OR NOT IT'S A PUBLIC OR PRIVATE STREET, A LOT OF TIMES YOU'LL SEE SEA SPEED BUMPS AND THAT WILL, UM, INDICATE THAT OR SUGGEST THAT THE STREET MIGHT BE PRIVATE. SO IF YOU'LL GO TO THE NEXT SLIDE, PLEASE. OKAY. SO NOW I'VE, UM, PROVIDED SOME PICTURES OF KIND OF WHAT I'M TALKING ABOUT HERE, BECAUSE I DIDN'T THINK IT WOULD BE MUCH USE TO JUST KIND OF LIST SOME OF THOSE PROVISIONS IN THE PUBLIC INFRASTRUCTURE DESIGN MANUAL. I WANTED TO GIVE SOME VISUAL AIDS THAT I'VE, UH, TAKEN OFF GOOGLE MAPS HERE, BUT, UH, THIS IS A CREEK WAY CIRCLE IN A MEADOW CREEK SECTION FOUR. AND, UM, OKAY. YOU KNOW, IF YOU'LL LOOK, I DON'T THINK YOU SEE ANY HERE, BUT, UH, YOU KNOW, THERE MIGHT BE SPEED BUMPS ON THAT STREET THAT INDICATES THAT THEY'RE PRIVATE ROADWAYS, AS YOU CAN SEE, THERE'S NO, UM, CURVES CONSTRUCTED IT, BASICALLY A BUS RIGHT TO THE DRIVEWAY AND THE INDIVIDUAL PROPERTY LINES. UM, SO THAT'S A GOOD INDICATOR THAT THOSE ARE, THAT'S A PRIVATE STREET. YOU GO TO THE NEXT SLIDE. THERE'S ANOTHER EXAMPLE. OKAY. THIS IS ASHMONT DRIVE. THIS IS ACTUALLY IN THE MEADOWCREEK SECTION ONE, I BELIEVE. AND IT LOOKS A LITTLE DIFFERENT, UM, YOU KNOW, THE CONCRETE STREET, YOU CAN SEE CURVES. UM, SO THAT WOULD INDICATE THAT THERE ARE NO SPEED BUMPS. THERE ARE NO KIND OF, UM, ADDITIONAL PARKING AREAS OR ANYTHING. UM, SO THAT WOULD INDICATE THAT THE STREETS ARE BETTER. THIS IS A PUBLIC STREET, FOR EXAMPLE. AND IF YOU'LL GO TO THE NEXT SLIDE, I'VE GOT TWO MORE EXAMPLES. THIS IS A PRIVATE STREETS MMM. IN, IN, UH, ANOTHER PART OF THE CITY, UM, THAT'S NOT ON, ON CARTWRIGHT, BUT, UH, YOU KNOW, THIS IS, UH, AN EXAMPLE OF ONE OF THOSE STREETS THAT ARE, THAT'S BLOCKED BY A LOCKED GATE. AND AS THE ATTORNEY, THE ATTORNEY GENERAL'S OFFICE HAS SAID, AND I MENTIONED EARLIER, YOU KNOW, IF YOU'VE GOT A STREET [00:20:01] THAT'S BLOCKED OFF WITH A LOCKED GATE, THAT'S USUALLY A PRETTY GOOD INDICATOR THAT THAT'S A PRIVATE STREET. AND THEN FINALLY THE NEXT EXAMPLE, MMM. THIS IS ANOTHER RESIDENTIAL STREET IN THE CITY. THIS IS RIDGEMONT DRIVE, I BELIEVE. AND, UH, YOU KNOW, YOU SEE THE CURB AND GUTTER CONSTRUCTION AND, UM, SOME OTHER INDICATORS THAT'LL SUGGEST THAT THIS IS THE PUBLIC STREET. SO IF YOU'LL, UM, ADVANCED YEAH. TH TH THIS, YEAH, BASICALLY I'VE TALKED ABOUT KIND OF THE, UH, THE CITY STANDARDS AND THE, THE FILES RECORDED REAL PROPERTY INSTRUMENTS. YOU KNOW, LIKE I SAID, JUST TO RECAP REAL QUICK, YOU LOOK AT THE PLAT, YOU LOOK AT THE DEED RESTRICTIONS, YOU LOOK AT THE CONSTRUCTION STANDARDS. YOU CAN ALSO SOMETIMES LOOK BACK AT THE, UH, THE CITY'S RECORDS TO SEE, UM, YOU KNOW, WHAT THE DEVELOPER HAS TO SAY ABOUT, UM, THEIR INTENSE, WHETHER OR NOT THEY INTEND FOR THE STREETS TO BE PUBLIC OR PRIVATE. UM, WHAT THE, THE CITY SAID IN THE PAST REGARDING, UH, PUBLIC VERSUS PRIVATE STREETS. SO THIS IS, UH, ACTUALLY THE REGULAR MEETING MINUTES FOR A, UH, A CITY COUNCIL MEETING BACK IN 1982. AND THIS ACTUALLY SHOWS THAT, UH, AT LEAST FROM THE INDIVIDUALS THAT WE'RE PRESENTING TO COUNCIL, THEY BASICALLY, AND THIS IS REGARDING MEADOW CREEK AS WELL. UH, THE SPECIFICALLY SECTION FOUR, THEY ACTUALLY CAME TO THE CITY AND SAID, YOU KNOW, WE WANT THE CITY TO, UM, TAKE RESPONSIBILITY FOR THESE STREETS. UM, AND, YOU KNOW, IF THIS IS JUST AN EXCERPT FROM THE DOCUMENT, BUT THEY BASICALLY SAID WE'VE HAD THESE PRIVATE STREETS, UM, THAT WE WANT THE CITY TO, UH, INITIATE MAINTENANCE OF. AND AS YOU CAN SEE, JUST FROM THIS EXCERPT, UH, THE COUNCIL ACKNOWLEDGES THAT THE STREETS WEREN'T BUILT TO THE, UH, THE PUBLIC INFRASTRUCTURE, UH, STANDARDS, AND THEY ACTUALLY VOTED UNANIMOUSLY TO NOT TAKE RESPONSIBILITY FOR THOSE STREETS. THEY ACTUALLY, UH, THEY ACTUALLY VOTED TO KEEP THEM PRIVATELY MAINTAINED AS THERE WERE INTENDED TO BE PRIVATE STREETS INITIALLY. SO, YOU KNOW, SOMETIMES YOU HAVE TO DO SOME DIGGING IN THE CITY'S RECORDS, BUT, UH, YOU KNOW, THAT MIGHT POINT TO, UH, TO THE INTENTION OF THE, THE INITIAL SUBDIVISION CONSTRUCTION. ALRIGHT. SO I THINK WE'RE MOVING ON TO OUR SECOND OBJECTIVE HERE AND THAT'S, UM, YOU KNOW, A LITTLE BIT MORE DETAIL ABOUT WHAT CITY SERVICES CAN BE CONDUCTED ON PRIVATE STREETS AND HOW, YOU KNOW, UM, SO IF YOU'LL LOOK AT THE NEXT SLIDE, PLEASE, UM, I SAID BEFORE THAT, YOU KNOW, THE KIND OF TWO PART TEST ON, YOU KNOW, WHETHER OR NOT A STREET'S BEEN GRANTED TO THE PUBLIC IS, YOU KNOW, IF IT SAYS SO IN THE DEED OR IN ANY OTHER RECORDED INSTRUMENT, AND IF THE CITY GOES AHEAD AND ACCEPTS THAT, AND I DID MENTION THAT IF THE CITY MAINTAINS, IMPROVES OR USES A STREET, THEN YOU KNOW, THEY MIGHT HAVE BEEN CONSIDERED TO HAVE TAKEN OWNERSHIP OF IT. BUT, UM, SOMETIMES YOU HAVE TO LOOK AT WHAT CONSTITUTES USE FOR THAT. UM, FOR THAT PURPOSE, UM, YOU HAVE TO ASK IS THE CITY, IF THE CITY PERFORMS ITS NORMAL GOVERNMENTAL FUNCTIONS ON THAT STREET, IS THAT CONSIDERED USE WELL IN A LOT OF A LOT OF CIRCUMSTANCES, THE ANSWER IS NO. UM, AND AGAIN, YOU CAN LOOK AT THE RECORDED INSTRUMENTS IN THE REAL PROPERTY RECORDS, UM, IN CERTAIN PRIVATE, UH, IN CERTAIN SUBDIVISIONS WITH PRIVATE STREETS, THE DEED RESTRICTIONS WILL ACTUALLY DESIGNATE OR, OR GRANT A LIMITED PURPOSE, UM, ENTRY OR USED BY THE CITY TO CONDUCT ITS NORMAL GOVERNMENTAL SERVICES. SO, UM, YOU KNOW, THIS LANGUAGE I'VE TAKEN RIGHT OUT OF A, A SET OF DEED RESTRICTIONS WHERE AT GRANTS EXPLICITLY GRANTS, CITY ENTRY ONTO A PRIVATE STREET FOR POLICE, FIRE PROTECTION, AMBULANCE, AND ALL SIMILAR PERSONS. UM, SO IT KIND OF GOES BEYOND JUST POLICE, FIRE, AMBULANCE. I'VE SEEN SOME THAT ACTUALLY PROVIDES FOR SOLID WASTE AS WELL AS THAT'S A CITY SERVICE. UM, AND AGAIN, THERE'S, [00:25:01] THERE'S ACTUALLY SOME ADMINISTRATIVE GUIDANCE AS THE ATTORNEY GENERAL'S OFFICE HAS WEIGHED IN ON THE SERVICE ISSUE AS WELL. UM, AND AGAIN, THIS IS WITH RESPECT TO A COUNTY, BUT, UH, THE ATTORNEY GENERAL'S OFFICE HAS ACTUALLY SAID THAT COUNTY COMMISSIONERS AREN'T EVEN AUTHORIZED TO MAINTAIN PRIVATE ROADS. UM, AND THIS WAS WITH RESPECT TO, UM, THE FACT THAT SCHOOL BUSES WERE, UM, RUNNING ROUTES, UH, ON PRIVATE STREETS. AND THE ATTORNEY GENERAL SAID, YOU KNOW, EVEN THOUGH YOU'VE GOT YOUR BUSES COMING THROUGH HERE, SINCE IT'S A PR THIS IS PRIVATE PROPERTY, YOU'RE NOT ALLOWED TO MAINTAIN IT. WELL, IF YOU GO TO THE NEXT SLIDE, PLEASE, UM, I WANTED TO SPEAK SPECIFICALLY TO TRAFFIC ENFORCEMENT, AS I KNOW THAT'S AN ISSUE THAT'S COME UP, UM, EVERY NOW AND AGAIN, UM, USUALLY HE'LL HAVE, UM, IN THE TRANSPORTATION CODE OR, UH, ANY OTHER STATE CODE OR STATUTE, UM, WHERE YOU MIGHT HAVE A TRAFFIC INFRACTION, UM, OR A TRAFFIC LAW REGARDING TO THE RULES OF THE ROAD. UM, IT'LL TELL YOU WHETHER OR NOT, UM, THAT INFRACTION CAN BE ENFORCED ON A PRIVATE STREET. UH, USUALLY I KNOW WITH RESPECT TO A LOT OF THE MORE COMMON INFRACTIONS LIKE SPEEDING AND THINGS LIKE THAT, THE STATUTE WILL SPECIFICALLY SAY THAT, UH, PART OF THE, ONE OF THE ELEMENTS OF THE, UH, THE TRAFFIC INFRACTION IS THAT IT HAS TO BE ON A PUBLIC STREET OR HIGHWAY. SO THAT'S BASICALLY WHAT THE ATTORNEY GENERAL HIS OFFICE HAS SAID HERE. UH, BACK IN 1999, THEY EXPRESSLY CAME OUT WITH AN OPINION REGARDING, UM, UH, CITY POLICE DEPARTMENTS, TRAFFIC ENFORCEMENT ON PRIVATE STREETS. AND IT BASICALLY SAID THEY APPLY ONLY ON PUBLIC ROADWAYS AND NOT ON PRIVATE ROADS OR STREETS, UNLESS THE STATUTE EXPLICITLY SAYS THAT A TRAFFIC LAW CAN BE ENFORCED ON A PRIVATE STREET A MINUTE, EVEN FURTHER WENT ON TO SAY THAT A POLICE OFFICER ACTUALLY DOESN'T HAVE THE AUTHORITY TO ISSUE A CITATION FOR TRAFFIC OFFENSE ON A PRIVATE STREET. AND IF A CITATION IS ISSUED, IT CAN'T BE PROSECUTED AGAIN, UNLESS IT'S EXPRESSLY SPELLED OUT IN THE, UM, IN THE STATE TRAFFIC CODE. AND THEN, UM, THE ATTORNEY GENERAL'S OFFICE ALSO ISSUED SOME GUIDANCE ON, UM, THE COUNTY. THIS IS ACTUALLY, THEY WERE ADDRESSING FORT BEND COUNTY HERE. THEY SAID, UH, JUST BECAUSE A, A PLAT WAS FILED AND APPROVED, UM, THE COUNTY'S NOT ABLE TO ENFORCE SPEED LIMITS ON PRIVATE ROADS. UM, IN ORDER TO HAVE THAT AUTHORITY, THE COUNTY HAS TO ACCEPT THE ROAD FOR MAINTENANCE AS PART OF THE COUNTY ROAD SYSTEM. AND IT MIGHT DO THAT, YOU KNOW, AND KIND OF THE, THE WAY THAT I SUGGESTED EITHER BY FORMAL ACCEPTANCE OR IF IT MAINTAINS THE ROAD OR USES IT IN SOME WAY, UM, THAT, YOU KNOW, IS SUFFICIENT ENOUGH TO, TO HAVE THAT BE CONSIDERED, UH, AN APPROPRIATION BASICALLY LIKE A I COULD USE, UH, IN THAT RESPECT. SO IF YOU GO TO THE NEXT SLIDE, PLEASE, UM, OKAY. I JUST WANT TO BRIEFLY TALK ABOUT MEADOW CREEK. I HAD KIND OF BROUGHT UP THE SITUATION, UM, IN GOING THROUGH SOME OF THE EVIDENCE THAT YOU MIGHT LOOK AT, UM, IN ORDER TO DETERMINE WHETHER OR NOT A CITY STREET IS PUBLIC OR PRIVATE. LET'S, WE'LL GO TO THE NEXT SLIDE PLEASE. MMM. I BASICALLY JUST SUMMED UP THE TYPES OF THINGS THAT THE CITY HAS LOOKED AT WITH REGARD TO THE STREETS THAT THE CITY, UM, MAINTAINS THEIR PRIVATE IN THE MEADOWCREEK SECTION FOUR. UM, THERE HASN'T BEEN ANY FORMAL ACCEPTANCE BY THE CITY. UM, AND EVEN THOUGH, AS I SAID BEFORE, UM, THERE WAS A PUBLIC DEDICATION OF THE STREETS IN THE PLAT. UM, YOU KNOW, THE CITY IS BASICALLY PROTECTED BY STATE LAW, UM, FOR ANY MAINTENANCE REQUIREMENT, UNLESS IT ACCEPTS IT. UM, AND, YOU KNOW, EVEN THOUGH WE'RE ABLE TO SOME LIMITED RESPECT TO, UH, PERFORM GOVERNMENTAL SERVICES ON THOSE STREETS, YOU KNOW, IT HASN'T USED THE STREETS TO SUCH A DEGREE THAT IT WOULD BE CONSIDERED A ACCEPTING A GRANT, UH, ACCEPTING A PUBLIC GRANT OR DEDICATION. UM, AND AGAIN, WE LOOKED AT THE DEED RESTRICTIONS, UH, MY PROVIDED SOME EXAMPLES OF WHAT THESE PARTICULAR DEED RESTRICTIONS SAYS. AND, YOU KNOW, IT KIND OF SPELLS OUT THAT THE ASSOCIATE ASSOCIATION IS RESPONSIBLE FOR PRIVATE STREETS AND [00:30:01] COMMON PROPERTY. AND, UM, YOU KNOW, I BELIEVE IN THE DEED RESTRICTIONS FOR SECTION FOUR SPECIFICALLY, IT ALLOWS FOR A STREET ASSESSMENT AS WELL. UM, AND AS I SAID BEFORE, IT PROVIDES AN EASEMENT OR DIRECTS AN EASEMENT, UH, FOR POLICE, FIRE, AMBULANCE, SOLID WASTE COLLECTION AND OTHER SIMILAR SERVICES, OBVIOUSLY THAT EASEMENT WOULD NEED TO BE GRANTED IF THE STREETS WERE PUBLIC CAUSE THEN THE CITY WOULD OWN THEM. UM, YOU KNOW, BASICALLY WHAT THAT'S SAYING AND THE DEED RESTRICTIONS IS THAT WE'RE ALLOWING THE CITY TO PERFORM THESE SERVICES ON THE STREET. UM, WHEREAS IF THEY WERE, YEAH, AS A PRIVATE, WE MIGHT NOT, THE CITY MIGHT NOT OTHERWISE BE ABLE TO CONDUCT THOSE SERVICES, ABSENT ANY SPECIFIC GRANT THAT WE'RE ALLOWED THAT THE CITY'S ALLOWED ON THERE TO, TO CONDUCT THOSE ACTIVITIES. UM, AGAIN, WE PROVIDED THE, THERE IS EVIDENCE IN SOME OF OUR, UH, SOME OF THE CITY'S COUNCIL AND, UH, COMMISSION MINUTES THAT, UH, THE STREETS WEREN'T BUILT A STANDARD WHEN THE, TO THE PUBLIC INFRASTRUCTURE STANDARDS, WHEN THE LAND WAS DEVELOPED. UM, AND THEN FINALLY, UM, THERE'S AN EXAMPLE IN THE CITY'S RECORDS ABOUT, UH, HOW THAT PARTICULAR ASSOCIATION ASKED THE CITY TO MAINTAIN THOSE STREETS BACK IN THE EIGHTIES AND, UH, COUNCIL IN FATIMA VOTED TO, UM, NOT ACCEPT THOSE STREETS FORMALLY AND CONSIDER THEM PRIVATE STREETS UNDER THE RESPONSIBILITY OF THE ASSOCIATION. UM, SO THAT'S KIND OF THE FACTOR IS THAT THE CITY CITY STAFF LOOKED AT, UM, LIKE I SAID, IT'S NOT, UH, SOMETIMES THERE'S NOT A SINGLE DOCUMENT THAT POINTS TO A CLEAR ANSWER, BUT A LOT OF TIMES WHAT YOU WOULD HAVE TO DO IS JUST LOOK AT ALL THE EVIDENCE, YOU KNOW, GO BACK INTO THOSE MINUTES, GO BACK INTO THE, UM, THE PLATS AND IN SOME CASES, THE REPLANTS AND THE DEED RESTRICTIONS AND OTHER, UH, RECORDED INSTRUMENTS, AND THAT SHOULD PROVIDE SOME GUIDANCE AS TO HOW THOSE STREETS ARE TREATED. SO YOU GO TO THE NEXT SLIDE PLEASE, AND THAT'S IT. SO, UM, I'LL BE MORE THAN HAPPY TO ANSWER ANY QUESTIONS THAT YOU ALL MIGHT HAVE, UM, BEFORE THOSE INDIVIDUALS WHO HAVE SIGNED UP TO SPEAK ARE ABLE TO DO SO. AND THE SAME THING. I DO HAVE A QUICK QUESTION WHEN WE'RE READY, JAMES, THANK YOU FOR THE PRESENTATION. SO WAS SOME OF THIS STUFF ALREADY SHARED WITH THE MEADOWCREEK RESIDENTS AND INTERESTED PARTIES? YES. UM, OVER THE LAST SEVERAL MONTHS, THE STAFF HAS MET WITH, UM, INDIVIDUALS FROM THE MEADOWCREEK ASSOCIATION, UM, TO, UH, IN AN EFFORT TO BE TRANSPARENT ABOUT WHAT THE CITY HAS BEEN LOOKING AT, UM, AND MAKING THE DETERMINATION THAT, UH, CERTAIN STREETS IN SECTION FOUR ARE PRIVATE. UM, AND WE'VE ALSO, UM, ADDRESSED OPEN RECORDS REQUESTS THAT, UH, PROVIDE BASICALLY WHAT THE CITY HAS REGARDING, UM, THE PLANNING PROCESS, AS WELL AS THE, ANYTHING SPEAKING TO THE PUBLIC OR PRIVATE NATURE OF THE STREETS AND THAT PARTICULAR SUBDIVISION. IS THERE ANYONE ELSE? I DO HAVE SOME COMMENTS, BUT I'LL WAIT UNTIL AFTER THE PUBLIC COMPANY. OKAY. WELL GO AHEAD AND START WITH PUBLIC COMMENTS. I HAVE SEVERAL PEOPLE SIGNED UP. UM, MARIA, ARE YOU THERE? YOU SENT ME AN EMAIL THAT MR. FONDO WOULD BE, UH, SOMEWHAT, WELL, SEVERAL, THE INDIVIDUAL WOULD PASS OVER THEIR TIME TO MR. . UH, DO YOU HAVE A LIST OF THOSE INDIVIDUALS? NO, THEY DIDN'T STATE WHO WAS GOING TO, UM, GIVE THEM THEIR TIME. SO IF YOU JUST WANT TO GO THROUGH THE NAMES, I CAN KEEP TRACK OF, OF HIS TIME. HE HAS THE, I HAVE HIM LISTED AS THE LAST PERSON, BUT I CAN KEEP TALLY UP TO TIME. OKAY. ALRIGHTY. UH, WE'LL START WITH DILBERT. SIMPERS MAYOR. CAN YOU HEAR ME? YES, MAYOR. I'D LIKE TO HEAR MY TIME TO MR. FONTENEAU AT THIS TIME. OKAY. WILLIE JONES. [00:35:04] OH, HI. UM, MY NAME IS LUCY JONES. IS THIS A MAYOR? A BOARD? YES. YES IT IS. OH YES. I WANTED TO AS WELL. OKAY. DOROTHY JONES? YES. IT'S DOROTHY JOHN'S THERE? YES. THIS IS MS. JONES. YES. HOW ARE YOU YIELDING YOUR TIME OR ARE YOU SPEAKING? OKAY. VONDA, VONDA, WASHINGTON. YES. I'M YIELDING MY TIME TO MR. FONTENEAU AS WELL. OKAY. HENRY, IS IT DAD? DAD DRE? YES. MAYOR. CAN YOU HEAR ME? YES, I CAN HEAR YOU. I WOULD LIKE TO YIELD MY TIME TO MR. JIM PATINO. OKAY. AND THE GALLERY? YEAH. UH, MAYOR FLORIDA. I WOULD LIKE TO YIELD MY TIME TO JIM FONTENEAU. OKAY. THANK YOU. THANK YOU. SO LET'S SEE PRICED. YES. IT'S SHUTS THE PRICE. AND I WOULD LIKE TO YIELD MY TIME TO TIM, BUT NO, PLEASE. THANK YOU. JEANNETTE. CRU CRU DIAL. IS THAT CORRECT? I, YES, IT WELCOME THERE. AND I WOULD LIKE TO YIELD MY TIME TO, TO JIM THOUGH. OKAY. THANK YOU, LAUREN LEE. YEAH. I'D LIKE, I'D LIKE TO GIVE MY TIME TO MR. FONTENOT AS WELL. OKAY. THANK YOU, DENISE MARTINEZ. HI. YES. I WOULD LIKE TO KNOW MY TIME TO MR. BUTTON AS WELL. OKAY. ALICIA LYNCH? YES. I YIELD MY SPEAKING TIME TO JIM FONTENEAU. OKAY. THANK YOU, BETH WATSON. I YIELD MY TIME TO MR. . THANK YOU, LATANYA KELLY. GOOD EVENING. I WOULD LIKE TO YIELD MY TIME TO MR. AS WELL. OKAY. THANK YOU, DON BAILEY. I WOULD LIKE TO, UH, SPEAK, BUT AFTER, UH, MR. FONTENEAU, SO I CAN MAKE SURE THAT I I'M GOING TO SPEAK FOR MYSELF. OKAY. UH, SHARON MCFARLAND, UM, MISS MS. TRINA POWERS TRAIN HER POWERS. YES. YES. I WOULD LIKE TO SPEAK. OKAY. OKAY. YOU CAN GO AHEAD. I WILL. I WILL. I'M NOT GOING TO USE UP MY TIME. I WANT TO SHARE SOME OF MY CONCERNS. GO AHEAD. YOU CAN GO AHEAD. OH, AM I MISSING ON THE LIST? OH, OKAY. OH, WOW. OKAY. UM, GOOD EVENING, MAYOR AND COUNCIL MEMBERS. AND I WANT TO THANK YOU FOR ALLOWING ME TO VOICE MARKINGS, MS. POWERS. ARE YOU THERE? AND CAN YOU HEAR ME? YEAH, WE LOST YOU FOR A SECOND. ARE YOU THERE? OH, YES. MA'AM YEAH, GO AHEAD. THAT WE'VE BEEN GOING THROUGH THIS CONCERN FOR QUITE A FEW YEARS AND IT STILL DOESN'T SEEM TO BE RESOLVED AND I STILL HAVE SOME QUESTIONS, UH, PERTAINING TO WHETHER THE STREETS ARE, I BELIEVE THEY'RE ACTUALLY PUBLIC. UM, UH, THE, THE FIRST THING I WANTED TO KNOW IS THE, A DEDICATION DOCUMENT THAT, UM, WE PRESENTED, UH, TO MR. BONY LAST FALL AND THE CITY ATTORNEY. AND IT DOES SAY THAT THE STREETS ARE DEDICATED. UM, YOU KNOW, THEY'RE DEDICATED BACK IN, THIS WAS A RECORDED DOCUMENT BY THE COUNTY. UM, SO THAT WAS THE FIRST QUESTION. AND THEN, UH, NUMBER TWO, IN OUR ACTUAL COVENANT, [00:40:02] IT SAYS WHEN I LOOKED AT THE COVENANT, UH, DATED IN JUNE, IT SAYS THAT, UM, IF I COULD PARAPHRASE THAT A PORTION OF THE COMMON PROPERTY DESIGNATED ON SAID RECORDED PLAT IS PRIVATE STREET. BUT WHEN I LOOK AT THE, THE, THE PLAQUE THAT'S RECORDED WITH THE COUNTY, UH, IN MAY OF 1973, IT DOESN'T SAY THAT CREEKWAY CIRCLE IS PRIVATE. AND, UM, SO FAR AS THE ATTORNEY WAS, UH, IN HIS LETTER THAT HE ADDRESSED TO US AND SOME OF THE THINGS HE SAID TODAY IS THE, THE CITY RECORDS INDICATE THAT THEY HAVE NEVER DONE ANY APPROPRIATIONS ON THE STREET, BUT HOWEVER MUDD HAS DONE, UH, SOME STREET SERVICES AND THEY'VE DONE SOME WORK IN THE GREEN BELT. SO, UM, OVERALL I JUST WANT TO SPEAK, UM, I, I LIVE ON CREEK WAY CIRCLE. I'VE OWNED MY HOME FOR 20 YEARS AND, YOU KNOW, WE'RE BASICALLY BLUE COLLAR WORKERS. YOU KNOW, WE PAY CITY AND PROPERTY TAXES. AND THE ONLY SERVICES WE GET FROM THE CITY PUBLIC WORKS IS MISS SKILLS, MOSQUITO SPRING FROM TIME TO TIME. UM, AND THE ARE NOT MAINTAINED AT THE END OF THE DAY. YOU KNOW, I RIDE, RIDE MY BIKE ALMOST EVERY DAY AND THEY NEED REPAIR. AND, YOU KNOW, I'M JUST APPEALED INTO AS A, AS A RESIDENT OF THE CITY TAX PAYER THAT, YOU KNOW, THE RESIDENTS WOULD REALLY APPRECIATE HAVING SOME ASSISTANCE WITH THIS. YOU KNOW, UM, THE ATTORNEY TALKED ABOUT, UH, GATED COMMUNITIES. WELL, WE'VE NEVER BEEN GATED THAT OUR STREETS HAVE ALWAYS BEEN OPEN TO THE PUBLIC. SO, UM, EXCUSE ME, FOR JUST A MINUTE, I WAS LOOKING AT SOME OF HIS, I WAS WRITING SOME OF HIS NOTES DOWN THAT I WANTED TO ADDRESS. UM, OKAY. WELL, I GUESS THAT SHOULD COVER EVERYTHING THAT I WANTED, WANTED TO SAY. I, I REALLY APPRECIATE YOU HEARING ME OUT. THANK YOU, MS. POWERS, MR. FONTENEAU, ARE YOU THERE? YES, MA'AM. I AM. OKAY. MR. FONDO I HAVE 14 PEOPLE WHO HAVE SIGNED UP AND PASSED OVER THEIR TIME TO YOU, MARIA, IS THAT CORRECT? OKAY. SO, UM, MR. FONDO, YOU'LL HAVE 42 MINUTES. GO AHEAD AND I'LL TRY NOT TO USE ALL THAT TIME. LET ME GO. IT WOULD BE LEGAL ANALYSIS THAT I BELIEVE JAMES GAVE US AND I'LL PIGGYBACK ON WHAT MS. POWERS MENTIONED RELATIVE TO A PARAGRAPH, NUMBER THREE IN THE PATIO HOME DEED RESTRICTIONS. AND SHE WAS ABSOLUTELY RIGHT. IT DOES SAY THAT A PORTION OF THE COMMON PROPERTY DESIGNATED ON THE SET RECORDED PLAT IS PRIVATE SCREEN. SHE'LL BE IMPROVED. UH, I WOULD, I WOULD, I DON'T KNOW IF MARIA GAVE YOU GUYS THE SLIDES. SHE MAY HAVE SENT THEM VIA EMAIL, BUT I WOULD TAKE YOU TO A MORE LEGIBLE COPY OF THE SECTION ONE AND FOUR DEDICATION. DOUG, ARE YOU ABLE TO GET THOSE UP FOR US IF YOU DON'T HAVE IT? I'LL I'LL I BLEW UP PART OF IT SO THAT YOU COULD SEE IT BETTER. AND YOU'LL NOTICE THAT SECTION ONE AND SUCH IN FOUR BORDERS EACH OTHER. NO, IF YOU GO TO THE ACTUAL DEDICATION DOCUMENT, IT CLEARLY STATES AND I KIND OF GO THROUGH IT. THAT'S SECTION ONE AND FOUR. WE'RE DEDICATED TO THE CITY. THIS HAS BEEN THE QUESTION THAT WE HAVE RAISED FROM, WITH THE CITY SINCE DAY ONE. NOW I CAN'T GO BACK TO 1982 WHEN MR. JERRY WHITE MADE HIS HEARSAY COMMENTS, NOR CAN I GO BACK TO 1973. BUT WHEN YOU LOOK AT THE ACTUAL DEDICATED DOCUMENT THAT IS SIGNED BY THE, THE GENERAL CONTRACTOR OR THE DEVELOPER, AS WELL AS THE BANK WHO WAS FINANCING OR WHO HAD LEAN AUDIT AS WELL AS A PROFESSIONAL ENGINEER, AS WELL AS THE PLANNING COMMISSIONER AT THAT TIME. AND IT WAS NOTARIZED, IT WAS NOTARIZED. SO WHEN [00:45:01] PEOPLE TALK ABOUT JAMES, TALK ABOUT INTENT, I'M NOT SURE WHERE YOU GO WITH INTENT VERSUS A LEGAL DOCUMENT THAT CLEARLY STATES, AND I SHALL READ IT. SO IF YOU DON'T SEE IT CLEARLY STATES, OR ARE YOU STILL THERE? WE ARE STILL HERE. YES, WE'RE STILL HERE. IT CLEARLY STATES THAT WE, THE, UH, JAMESBURG AND, UH, UH, WK BERT PRESIDENT AND ASSISTANT SECRETARY, RESPECTFULLY OF CHARLESTON INVESTMENT CORPORATION OF HOUSTON, TEXAS ON OF THE PROPERTY SUB SUBDIVIDED AND ABOVE FOUR, GOING UP THE METAL CREEK SUBDIVISION SECTION ONE AND FOUR, WHICH ARE CLEARLY ON THE DEDICATION DOCUMENT, DO HERE BY MAKE SUBDIVISION OF SET PROPERTY FOR, AND ON BEHALF OF THE, OF THE INVESTMENT CORPORATION, ACCORDING TO THE LINES STREETS, LOTS ALLEYS MARKS, BUILDING LINES AND EASEMENTS, WHICH MR. JAMES TALKED ABOUT, WHICH IS INCLUDED IN SIX DEED RESTRICTIONS WITHIN MEADOWCREEK SUBDIVISION, BY THE WAY, DESIGNATE SAID SUBDIVISION, UH, UH, PROPERTIES. ONE IS FOR SHOWN AND DESIGNATED THIS. AS I MENTIONED IN THE BRIGHT METAL LEAGUE, ALL FORT BEND COUNTY, TEXAS, AND DEDICATE TO PUBLIC USE AS SUCH THE STREETS, ALLEYS PARKS. AND I MIGHT ADD EASEMENTS SHOWN THERE ON FOR WHATEVER. AND IT'S APPROVED BY ALL OF THE INDIVIDUALS AND ENTITIES THAT I MENTIONED EARLIER. NOW, IF WE GO BACK TO WITNESS TO JAMES TALKED ABOUT EARLIER, AND I THINK ONE OF THE COUNCIL MEMBERS ASKED THE QUESTION, WHAT DID YOU INVOLVE THE FOLKS FROM MEDICARE? YES, WE DID. WE MET WITH, UH, MR. SNIPES. WE MET WITH MR. BONI TWICE. WE GOT NO RESPONSE CONTRARY TO WHAT MS. POWELL WAS SAID. WE NEVER GOT A DIRECT RESPONSE FROM EITHER ONE OF THOSE, WHAT WE RECEIVED WAS A CONFIDENTIAL INTERNAL MEMORANDUM FROM THE CITY. IT WAS MARKED BOLDLY CONFIDENTIAL. SOMEHOW IT ENDED UP IN OUR, THE MEDITERRANEAN ASSOCIATION MAILBOX. NO, UNFORTUNATELY WHEN WE RECEIVED THAT, WE REVIEWED IT AND IT WAS MUDDLED WITH ALL SORTS OF MISREPRESENTATIONS. MOST OF WHICH JANE JUST WENT THROUGH, IT WAS A LOT OF LIKELY PROBABLE PROBABLY, MAYBE ALL THROUGHOUT THE DOCUMENT. IT MADE NO MENTION WHATSOEVER OF THE MEETING BETWEEN METAL CREEK MEMBERS WITH MR. SNIPES. IT MADE NO MENTION WHATSOEVER REGARDING OUR MEETING TWO MEETINGS WITH, UH, COUNCILMAN BONEY. NOW, KNOWING THE PAST ADMINISTRATIONS RESISTANCE WE BROUGHT, WE WENT THROUGH THE PAINSTAKING EFFORT OF FINDING THAT LEGAL DOCUMENT, WHICH FOR 40 YEARS HAD NEVER BEEN REVEALED TO ANYONE. IN FACT, IF YOU GO BACK TO MR. WYATT'S COMMENTS IN THE PARENT COUNCIL MEETING BACK IN 1982, THAT DOCUMENT WAS NEVER PRESENT. IF IT WAS, IT SHOULD HAVE BEEN SHOWN IN THE LETTER THAT WAS SENT TO, UH, THE CITY, UH, UNDER THE FREEDOM OF INFORMATION ACT. WE NEVER RECEIVED THAT LETTER BY THE WAY. SO MY POINT IS, IS THAT, AND, AND THE SO-CALLED DOCUMENT THAT I JUST MENTIONED THAT WAS CONFIDENTIAL, A CONFIDENTIAL INTERNAL MEMORANDUM THAT SOMEHOW FOUND ITS WAY TO OUR EMAIL. NEVER MENTIONED ANYTHING, NEVER PROVIDED ANY FORM OF ATTACHMENT WHATSOEVER, RELATIVE TO, UH, SOME OF THE COMMENTS MR. JAMES MADE. NOW, IF YOU LOOK AT THAT DOCUMENT AGAIN, I WOULD ASK THE QUESTION AND I LEAVE THIS QUESTION WITH CITY COUNCIL. ALRIGHT, WHAT IS IT IN THAT DOCUMENT THAT MADE SECTION ONE DIFFERENT FROM SECTION FOUR, WHEN THE CON, WHEN THE DEVELOPER DEBTED IT DEDICATED IT TO THE CITY. I THINK JAMES MENTIONED THEY COULDN'T FIND ANY TYPE OF REPLAT. THEY COULDN'T FIND AN AMENDMENT TO THE DEDICATION. THEY COULDN'T FIND THE REDEDICATION OF THE PROPERTY. I ASKED WHAT, WHAT'S THE DIFFERENCE? HOW COULD YOU ADVISE IF SECTION ONE AND SECTION FOUR ARE MENTIONED ON THE SAME DEDICATION DOCUMENT, WHAT WAS THE CITY'S POSITION IN TERMS OF ONLY CATERING TO SECTION ONE AND NOT SECTION FOUR, HE CERTAINLY GAVE YOU SOME WEAK INFORMATION IN TERMS OF HOW HE EXTRAPOLATE OR INTERPRETED INFORMATION REGARDING THE PRIVATE USE OF CERTAIN AREAS. [00:50:01] FOR EXAMPLE, LIKE PARKING, MAYBE THAT IS PARKED, MAYBE THAT IS PRIVATE. MAYBE IT WAS DEDICATED TO THE MEMBERS, BUT IT SAYS NOTHING ABOUT THE STREET. SO IF YOU GO BACK AND YOU READ THE SECOND PART OF IT, IT SAYS THE ITEM B OF THAT SAME DEED RESTRICTION TO THE RED SAID THAT PORTION OF THE COMMON PROPERTY NOT DESIGNATED ON THE RECORDED PART, THIS PRIVATE SPREE SHALL BE IMPROVED, MAINTAIN AND SOLELY FOR THE BUILDING LOT OWNERS. AND IT SAYS FOR THEIR GUESTS AND BUYING THESE LICENSES, IT SAYS NOTHING ABOUT STREETS. IT SAYS LANDSCAPE. IT SAYS TREES. IT SAYS, FROGS, WE DON'T HAVE SIDEWALKS. IT SAYS PLANNING. IT SAYS NOTHING ABOUT STREETS. IT TALKS ABOUT EVEN SWIMMING POOLS. WE DON'T HAVE A SWIMMING POOL, BUT IT SAYS NOTHING ABOUT STREETS AND THE PLAQUE IS NOT MARKED PRIVATE. AND THE PLAQUE INDICATE THAT THE, THE INDICATES THAT THE DEVELOPER ACTUALLY DEDICATED THE STREETS, ALLEYS AND PARKS TO THE CITY. SO WHAT CAME OUT OF OUR MEETING WHEN ANTHONY SNIPES TK, MR. SCOTT, ELMER, WHO I ASSUME WAS ACTING AS AN ASSISTANT CITY MANAGER, THE RESPONSIBILITY TO GO BACK AND RESEARCH DOCUMENTS, LEADING UP TO THE DEDICATION, OR THAT MIGHT HAVE LEGALLY CHANGED THE TRANSACTION. AND WE AGREED TO FOLLOW BACK UP WITH EACH OTHER, BUT THAT NEVER HAPPENED INSTEAD. THAT'S WHEN THE CONFIDENTIAL DOCUMENT HIT OUR, OUR EMAIL ADDRESS SOMEWHERE, WE FOUND NOTHING. NOW THERE'S ONE THING THAT CONCERNS ME ABOUT THIS AS WELL IN WHAT MR. JAMES DIDN'T MENTION THAT IN THAT MEMORANDUM, HE SAID THE CITY WAS UNABLE TO PRODUCE YET A SINGLE LEGAL DOCUMENT OR SOMETHING LIKE THAT. I'LL REFUTE SECTIONS ONE AND FOUR, IN TERMS OF WHAT THE, WHAT, THE WAY WE WOULD DO WHAT THE MEMORANDUM RANDOM DOES REFLECT AS AN INFORMATION DOCUMENT. THAT'S MISLEADING. IT'S UNRELIABLE. FOR EXAMPLE, THE CITY ATTORNEY CONFUSED, BY THE WAY THAT DOCUMENT WAS SENT FROM THE ASSISTANT ATTORNEY TO THE CITY ATTORNEY, IT NEVER WAS ADDRESSED TO US. SO WE NEVER RECEIVED A RESPONSE FROM EITHER SNIPES OR AGAIN, FROM COUNCILMAN BONIN. WHAT BACK TO THE EXAMPLE, THE CITY ATTORNEY CONFUSINGLY STATES THAT SECTION ONE, ONE AND FOUR, WHICH ARE ON THE PLAT ARE LIKELY ON THE LAND LIKELY TO, BECAUSE HE USED THAT WORD QUITE A BIT, CONSIDERED PRIVATE STREETS. AND HE GOES ON TO SAY, FURTHERMORE, THERE IS EVIDENCE TO SUPPORT THAT METAL CREEK IS RESPONSIBLE MAINTENANCE. AND HE JUST TOLD YOU THAT THOUGH, THE MULTIPLE USE OF THE WORD, LIKELY AS IT DID GIVE AWAY, IN MY OPINION, THE ASSERTION IS SELF-DEFEATING ON ITS FACE AND GROSSLY MISLEADING. THE CITY MANAGER WOULD HAVE ONLY NEEDED TO CHALLENGE THE CITY ATTORNEY AS TO WHY THE CITY APPROVED AND COMPLETED A MAJOR STREET CONSTRUCTIONAL SECTION ONE, IF THE ASSOCIATION WAS RESPONSIBLE FOR STREET MAINTENANCE AND REPLACEMENT. SO THESE GUYS ARE MISCONCEPTIONS HAVE BEEN THE SOURCE OF DISCONNECT AND CONFUSION. AS TRINA POWER SAID FOR MANY YEARS, NOBODY KNOWS WHAT TO DO. THE CITY COUNCIL. ALSO CITY ATTORNEY GOES ON TO SAY THAT THE DEED WITH SECTION ONE ARE SILENT ON THE ISSUE OF STREET MAINTENANCE. HE DIDN'T TELL YOU THAT, BUT NOTHING COULD BE FURTHER FROM THE TRUTH FOLKS, SECTION 16 OF SECTION ONE DEED RESTRICTION. AND I'M GOING TO BE STRAIGHT UP WITH YOU. IT SAYS UNDER THE MAINTENANCE FUND AND HE HAD THE DEED RESTRICTION, IT MAKES IT CLEAR THE MAINTENANCE FUND WILL BE APPLIED AND SO FORTH AS IT MAY BE SUFFICIENT FOR THE PAYMENT FOR MAINTENANCE AND INSTALLATION OF ST. PATRICK PARK. NOW THAT'S IN SECTION ONE, THAT'S SECTION ONE WHERE YOU JUST COMPLETED. I'M GOING TO GUESS, BUT OVER A HALF, A MILLION DOLLARS OF STREET, NEW STREET CONSTRUCTION, BUT YET THE CITY COUNCIL IS CONFUSING YOU OR MISLEADING YOU BY SAYING THAT THE ASSOCIATION SHOULD HAVE TAKEN CARE OF. SECTION ONE IS WELL, READ THE DOCUMENT IT'S IN THERE. THE FIRST THREE PAGES HE SAID IN THAT MEMORANDUM, IT'S SEVEN 70 PAGES, THREE PAGES, OR A BUNCH OF MISLEADING STATEMENTS. AND THE REMAINING 67 DEALS WOULD BE RESPECT. IT'S JUST THE RESTRICTION ON ATTACHMENTS, BUT IT WOULD HAVE BEEN USEFUL FOR THE CITY MANAGER, MR. SNIPES, OR EVEN MR. BONY FOR THAT MATTER TO KNOW THAT THE SAME OR SIMILAR LANGUAGE CAN BE FOUND IN MEADOWCREEK SECTION TWO, WHICH WAS DEDICATED IN THE SAME MANNER IS ONE AND FOUR. SO THE CITY SECTION THREE, WHERE I LIVE WAS DEDICATED TO THE CITY IN THE SAME MANNER AS SECTION ONE AND FOUR, SECTION FIVE WAS DEDICATED [00:55:01] TO THE CITY AND THE SAME MANNER AS SECTION ONE AND FOUR. AND IT CONTAINS THE SAME LANGUAGE. IT STARTS OFF BY SAYING THAT THE ASSOCIATION IN SECTION ONE AND SECTION TWO AND SECTION THREE, AND SECTION FIVE WILL BE RESPONSIBLE FOR STREET MAINTENANCE, REPLACING AND MAINTENANCE. BUT YET YOU ARE DOING SIR PROVIDING PUBLIC SERVICE TO ALL OF THOSE SECTIONS. AND AGAIN, SECTION ONE AND SECTION FOUR ON THE SAME DEDICATION DOCUMENT REGARDING THE CITY, ATTORNEY'S REFERENCED TO, UH, AGAIN, SECTION FOUR DEED RESTRICTIONS AND THAT SECTION, WHAT HE CALLS MAINTENANCE OF COMMON PROPERTY AND HIS VAGUE INTERPRETATION OF THE WORD PRIVATE. THIS DOES NOTHING TO REFUTE THAT DEDICATION DOCUMENT. OH, WE'VE HEARD THAT FOUR IS HEARSAY AND ANYBODY THAT HAS ANY REASONABLE KNOWLEDGE OF HOW JUDGES WORK IN COURT. THEY'RE NOT GOING TO LISTEN TO HEARSAY. YOU'RE GOING TO GO GET, PROVIDE A COURT HEARSAY EVIDENCE, EVIDENCE BASED ON WHAT SOMEONE SAID AND EIGHT IN A COUNCIL MEETING. AND IT'S NOT EVEN CLEAR IF HE WAS JUST A PARTICIPANT. THE OTHER THING I WOULD, I WOULD MENTION IS THAT ON THE WEAK AND MISLEADING INTERPRETATION, THAT THE STREETS ARE PRIVATE, BUT MERELY DEDICATED FOR COMMON USE BY THE RESIDENTS OR THE PUBLIC THAT ONLY BOLSTERS OUR ARGUMENT, READ HIS DOCUMENT. IT'S IN THERE, IT BOLSTERS IT. HE SAID HE MAKES THE CITY ATTORNEY STATE THAT THE STREETS ARE PRIVATE, BUT NEARLY DEDICATED FOR COMMON USE BY THE RESIDENCE ARE THE PUBLIC. NOW, ODDLY, THE CITY'S MEMORANDUM STATES THAT THEY'RE STRONG, IT'S EVIDENCE SUPPORTING THEIR POSITION, THAT THE STREETS ARE PRIVATE. HE REFERENCES LOCAL GOVERNMENT CODE SECTION TWO 12.011. BOY, IF I HEAR THAT ONE AGAIN, I'M JUST GOING TO ROLL OVER. THAT IS THE WEAKEST ARGUMENT IN THE WORLD. THE MEMORANDUM FOR FURTHER STAYS THAT THE ATTORNEY, WHOEVER DID A DILIGENCE SEARCH OF THE CITY'S RECORD, AND THEY CAN'T SEE ANYTHING IN THE WAY OF APPROPRIATION, BUT THAT'S GROSSLY INCORRECT. THE TRUTH BE TOLD NO RECORD WAS NECESSARY BECAUSE THE APPROPRIATION STARTED AND END IT WITH THE FORMAL DEDICATION EXECUTED BETWEEN THE DEVELOPER AND THE CITY OFFICIALS. WE HAVE AN OFFER AND WE HAVE AN ACCEPTANCE AND ARGUABLY THE CITY COULD PROBABLY PRESENT A SMITH SENSIBLE CASE REGARDING THE USE OF PARKS, BUT WE HAVE NO PARKS. WE HAVE NO PARKS AT ALL. BUT WHAT YOU CAN'T ORDER IS THAT THE CITY HAS NOT ENTERED AND THE CITY HAS NOT USED CREEK. WHEN CIRCLED IS AN EXAMPLE, IT'S ONE OF THE BUSIEST STREETS AND MEDICALLY, I WOULD PUT THE AMOUNT OF TRAFFIC THAT GOES THROUGH QUICK RACE CREEKWAY CIRCLE AGAINST WATERFALL OR QUAIL VALLEY, WHERE FOLKS COME OFF OF CARTWRIGHT ROAD, TAKE WELL VALLEY EAST IN THE WATERFALL JUST TO GET THE OLD PORT ROAD OR TO GET THE TEXAS PARKWAY FOR THAT MATTER. BUT THE SAME THING HAPPENS IN, IN, IN CREEK WASTE CIRCLE. YOU CAN'T TELL WHERE CREEK CIRCLE BEGINS ON THE SOFTWARE SITE, OR WE'RE LUCKY THE ANS YOU CAN'T TELL WHERE METAL WEIGHT ON THE, ON THE, NOT ON THE, UH, NORTH, ON, UH, ON THE EAST SIDE OF THE SUBDIVISION. YOU CAN'T TELL WHAT METAL WAY BEGINS AND WHERE A CREEK WAY CIRCLE IN. IT'S A CIRCLE ALL THROUGHOUT THAT SECTION ONE COMMUNITY. AND IT MAKES SENSE THAT WHEN THE DEVELOPER DEVELOPED THESE PROPERTIES, ALMOST SIMULTANEOUSLY, IT MADE SENSE FOR THE DEDICATION TO BE ON ONE PIECE OF PAPER. AND HE DEDICATED SECTION ONE IN FOUR, AND THE LANGUAGE APPLIES TO BOTH OF THEM. THERE WERE SO MANY DISCREPANCIES IN AND WITH ALL DUE RESPECT AND JAMES IS A MEMORANDUM, THE INTERNAL MEMORY, CAUSE WE NEVER GOT RESPONDENTS. AGAIN. FOR EXAMPLE, HE TALKS ABOUT THE TERM OF BEAT RESTRICTIONS IN 10 YEARS, SUCCESSIVE CALLS IN SECTION ONE IS THE RESTRICTION THAT HAS NOTHING TO DO WITH THE DEDICATION DOCUMENT. THE IDENTICAL CLAUSES THAT ARE IN SECTION TWO, THREE, AND FIVE. WE SEE THAT THERE IS NO RELEVANCE TO THAT. NOW HE GOES ON, HE SAY THE CITY AS THE CITY'S REFERENCE TO SECTION TWO OH 2.03 OF THE TEXAS PROPERTY CODE. AGAIN, DON'T BE MISLEADED FOLKS. ANYONE FAMILIAR WITH TEXAS PROPERTY CODE WOULD NOTE THAT SUBSECTION B OF THAT CODE REFERS SPECIFICALLY TO THE USE OF A PROPERTY AS A FAMILY, HOME, IT EVEN PUT RESTRICTIONS, THE ONLY ASSOCIATION TO MAKE SURE YOU DON'T CHANGE THAT RESTRICTION THAT [01:00:01] WE CAN'T CHANGE IT. THAT LOT WAS BUILT FOR THAT PORTION OF THE PROPERTY WAS BUILT FOR HOME. SO THAT'S MISLEADING. IT'S WELL, I DON'T LIKE TO BRING UP THINGS WHEN PEOPLE ARE SO INEPT IN TERMS OF WHAT'S GOING ON, WHAT I DEED RESTRICTIONS, BUT THE CITY ATTORNEY INCORRECTLY REFERS TO ARTICLE NINE, WHICH STATES EXTERIOR MAINTENANCE, SADLY, THIS SECTION PERTAINS TO METACRITIC TOWNHOMES OR WHAT WE CALL WHAT'S. ALL OF THE PLATTE IS SECTION SIX AND IT'S NO WAY WHATSOEVER RELEVANT TO THE PATIO HOMES. DEDICATION. I WOULD REMIND HE TALKED ABOUT EASEMENT BECAUSE I LOOK AT MY NOTES, GRANTING APPEASEMENT TO POLICE AND SAID FIRE PROTECTION AND AMBULANCE SERVICE. THEY ENDED UP ON THE STREETS AND COMMON AREAS. LADIES AND GENTLEMEN, THAT IS IN SIX, THE RESTRICTIONS IN METAL CREEK, THE SAME LANGUAGE. SO THAT DOG DON'T HUNT IT'S IN THERE. WE HAVE TO GRANT THAT EASEMENT THAT'S THAT DOESN'T HAVE ANYTHING TO DO WITH WHETHER THE, THE, THE, UH, THE DEVELOPER INTENDED FOR THE STREETS TO BE PUBLIC OR PRIVATE. BUT THE DEDICATION ITSELF STANDS NOW IN ABOUT JULY 31ST, WE MET WITH MR. BARNEY. IT HAPPENED THAT YOU WERE IN FROM THE CITY MANAGER AND I QUESTIONED, WHY IS IT, WHY DID WE NOT HEAR FROM MR. SNIPES? A SMALL DELEGATE MET WITH MR. BONI, OUR DISTRICT LEAD COUNSEL, TO BRIEF HIM ON A DEDICATION DOCUMENT. THAT'S WHEN WE HEARD A LOT OF THE MUDDLE KIND OF MUMBLE JUMBLED AT JAMES ESCAPE, THE CITY COUNTY, I CAN SEE WHY THIS HAS BEEN LINKED RENT FOR 40 PLUS YEARS, 45 YEARS. AND TODAY YOU'RE ASKING THE PATIO HOME MEMBERS WITH A MEDIUM INCOME OF PROBABLY LESS THAN $50,000 TO START TAKING ON STREET MAINTENANCE REPLACEMENT STREET MATRIX, BRINGING THEM UP TO CODE, WHICH IS WHAT JAMES KIND OF ALLUDED TO. THAT'S NOT RIGHT, OR YOU'RE READY TO TURN YOUR BACK ON, ON A SECTION OF OUR CITY THAT WILL CREATE A HUGE FINANCIAL BURDEN. LIKE YOU WOULDN'T BELIEVE IT CAN NOT BE MAINTAINED. NOW LET'S TALK ABOUT ENTRY AND USE. THERE'S NO DOUBT IN MY MIND, THAT'S THE CITY OF MISSOURI CITY HAS SOME AFFILIATION WITH WASTE MANAGEMENT. THERE'S NO DOUBT IN MY MIND, WE CAN ARGUE ABOUT IT ALL DAY, BUT THERE'S NO DOUBT IN MY MIND THAT THERE IS AN AFFILIATION WASTE MANAGEMENT DRIVE UP AND DOWN THOSE STREETS. LIKE YOU WOULD NOT BELIEVE WELL, YOU PROBABLY WOULD BECAUSE IT'S PART OF YOUR BUSINESS AND THE KIND OF DAMAGES THAT THEY INFLICT ON THE CALL, LESS THAN UP TO CODE STREETS THAT JAMES TALKED ABOUT. IT'S SAD. YOU'RE TELLING ME THAT THE TRUCKS THAT THE CITY IS RESPONSIBLE FOR IS NOT USING THE STREETS. THEY CERTAINLY DIDN'T GET OUR PERMISSION. YOU'RE TELLING ME THAT THEY'RE NOT ENTERING ON THE STREETS. THEY CERTAINLY DIDN'T GET OUR PERMISSION. AND IT WAS POWER AS MENTIONED. WE CERTAINLY DON'T HAVE A GATE UP THERE TO STOP THEM. THE CITY RECEIVED THE FRANCHISE FEE FROM WASTE MANAGEMENT, NOT DIMENSION, PERHAPS REVENUE COMMISSION. I DON'T KNOW WHAT YOU GET. I HAVEN'T LOOKED INTO IT. SHOULDN'T IT. WOULDN'T IT BE FAIR. IF PART OF THAT MONEY CAME BACK TO THE STREETS. THE SO-CALLED SUBSTANDARD STREETS THAT YOU GUYS SAID ON UP THE PARK AND THAT PART OF THE FUNDS BE USED FOR THAT. THAT'S ALL WE ASK. WELL, WE'RE ALSO ASKING YOU TO HONOR THE DEDICATION DOCUMENT, UNLESS YOU CAN COME UP WITH ANOTHER DOCUMENT LEGALLY THAT REFUTES IT, NOT A BUNCH OF HEARSAY STUFF, OR MR. JAMES, THIS INTERPRETATION, POOR INTERPRETATION WITH ALL DUE RESPECT. AND I DON'T EXPECT THEM TO BE AN EXPERT ON DEED RESTRICTIONS. WE READ THOSE THINGS ALL DAY LONG, BUT THAT'S A FLIMSY EXCUSE TO NEGATE OR ATTEMPT TO REPUDIATE A DOCUMENTS FILED WITH THE COUNTY AND SIGNED OUT BY THE CITY. THE CITY SAID, WE APPROVE THIS PLAT. THEY COULD HAVE TAKEN A STAMP AND STAMPED IT PRIVATE. THEY COULD HAVE GONE BACK TO THE COUNTY AND SAID, WE MADE A MISTAKE AND WE'VE GOTTEN THE DEVELOPER SIGNATURE AND THEY COULD HAVE REPLANTED. IT COULD HAVE AMENDED IT. EVEN IN 1973, THAT PROCESS EXISTED. WE HAVE A CONSTITUTION OF THE UNITED STATES. THAT'S AMENDED ALL THE TIME, BUT YOU CAN'T AMEND A LEGAL DOCUMENT ON THE BASIS OF HEARSAY EVIDENCE, NOT EVEN CIRCUMSTANTIAL. SO I APPRECIATE MR. JAMES TO DEFENSE SOMEONE IN THERE. I KNOW HE DEFENDED MR. MR. SNIPES, BECAUSE MR. SNIPES [01:05:01] NAME WAS NOT MENTIONED IN THAT DOCUMENT WHATSOEVER. THE MEETING HE HAD, WHAT ALMOST 12 DELEGATES FROM THE PATIO HOMES WAS NOT MENTIONED IN THAT DOCUMENT. LIKEWISE, THE NAME MR. BONY NEVER CAME UP. THE MEETING WE HAD WITH MR. BONY NEVER CAME UP. WHAT KIND OF GAME IS THIS? THANK GOD I WASN'T IN THE 1982 MEETINGS, NO RELEVANT TO TRACKING. LET'S TALK ABOUT THAT. BACK IN LATE 2016, WE REQUESTED THE CITY TO COME AND SERVICE A LIGHT POLE. INSTEAD OF GETTING SOME KIND OF A DOCUMENT LOCAL DOCUMENT FROM THE CITY THAT WOULD SUGGEST THAT THE CITY DOESN'T PROVIDE THE SERVICES. AGAIN. AS MR. JAMES ALLUDED, WE GOT AN ATTORNEY GENERAL'S OPINION, ATTORNEY, A GENERAL GENERAL OPINION. AM I LOSING SOMETHING? HERE IS OUR CITY BEING RUN BASED ON OPINIONS. THE OPINION ADDRESSED WHETHER THE STATE AND MUNICIPAL TRAFFIC LAWS CAN BE ENFORCED ON PRIVATELY OWNED STREETS AND NOTHING TO DO WITH MAINTENANCE. IF YOU READ IT, THERE'S A PLETHORA OF ISSUES WITH THE DEPARTMENT'S DECISION MAKING PROCESS. BUT THE GREATEST CONCERN IS THAT A SEGMENT OF THE CITY MAY BE RELYING ON OUTSIDE OPINIONS IN CONFLICT WITH THE CITY'S LESS RESTRICTIVE HOME RULE CHARTER. BY THE WAY, THAT OPINION WAS BASED ON A TIGHT BASE WHEN THIS WAS PAT, WAS IT VERY STRICT TYPE PAVEMENT DISCIPLINE. SO I DON'T UNDERSTAND IF IT, AND YOU'VE GOT THE POLICE DEPARTMENT CONFUSED, NOT JUST THE, THE MAINTENANCE PEOPLE, THE POLICE DEPARTMENT WILL COME AND INVESTIGATE A TRAFFIC. OH, YOU'RE TRYING TO TURN THIS INTO A, UH, A LAWLESS AREA. ARE YOU TELLING ME THAT PEOPLE CAN DRIVE UP AND DOWN THE STREETS AT 50 MILES AN HOUR CREEKWAY CIRCLE AND WE GET CALL THE POLICE. ARE YOU TELLING ME THAT IF THERE'S AN ACCIDENT AND SOMEONE GET OUT AND DECIDE THAT THEY WANT TO WALK ME UP BECAUSE I HIT THEIR CAR, I CAN'T CALL IT A TRAFFIC COP. AM I MISSING SOMETHING HERE? OR ARE WE SAYING THAT WE WANT TO CREATE A HUGE CANCER IN THE MIDDLE OF MISSOURI CITY? I DON'T THINK THE PEOPLE OVER THERE ARE GOING TO GO FOR IT. AND QUITE FRANKLY, IF THAT'S THE POSITION THAT THIS CITY COUNCIL, I CAN'T SPEAK FOR PASS ADMINISTRATION, I KNOW HOW QUICK IT THEY WERE. I KNOW THE GAMES THEY PLAYED. AND IF MR. WYATT, WE WENT TO MR. WHITE THREE OR FOUR TIMES AND ASKED HIM TO PRODUCE INFORMATION. I WENT TO THE MAYOR PERSONALLY, AND THAT'S GOING TO PRODUCE INFORMATION. THEY PRODUCE NOTHING BUT A LOT OF TALL. AND WE GOT THE SAME THING FROM MR. SNIPES. AND QUITE FRANKLY, WE GOT THE SAME THING FROM MR. BONI. IN FACT, IT WAS EVEN WORSE ON THE SECOND MEETING BECAUSE HE ENDED BY TELLING PEOPLE IN THAT MEETING. AND IT REALLY FRUSTRATED PEOPLE THAT IF THEY REQUESTED SERVICES FROM THE CITY, THEY WERE GOING TO GET INVOICE. WHAT KIND OF RESPONSES BY RESPONSIBLE FITTED, COUNCILPERSON, AND MORE IMPORTANTLY, OUR DISTRICT COUNCILMAN, I WAS FRUSTRATED. I WAS DISAPPOINTED THAT OUR COUNCIL WOULD MAKE THAT STATEMENT TO A GROUP OF PEOPLE WHO ARE JUST TRYING TO MAKE A LIVING. NOW YOU'RE TELLING ME THAT YOU WANT THE ASSOCIATION TO GO BACK AFTER THE, AFTER THE MEMBERS, THEY HAVE PAID THEIR TAXES, JUST LIKE YOU AND I DO AT A RATE AND I'M NOT KNOCKING IT. I THINK THEY AGREE TO PAY. I'VE BEEN PAYING MY TAXES SINCE 1990 IS WHEN I MOVED HERE AND I'VE NEVER GOT ANYTHING ON MY STREET DONE. AND THAT'S OKAY. THAT'S THE WAY THE SYSTEM WORKS. I DON'T EXPECT THE SYSTEM TO PUT EVERY TIME I PAY MY TAXES TOGETHER, GET A DOLLAR WORTH OF WORK. THESE FOLKS HAVEN'T HAD ANYTHING DONE FOR 47 YEARS, 47 YEARS. WE'VE BEEN GETTING THE RUN AROUND. NO ONE PRODUCED THIS DOCUMENT THAT WE PRODUCE. WE SPENT OUR TIME AND EFFORT. WE HAD AN EXPERT BOARD MEMBER, MR. HENRY GALLERY. WHO'D SPENT HIS TIME AND HIS EXPERTISE GOING THROUGH ALL SORTS OF DOCUMENTS AND TENSELY WORKING ON THIS. AND WE CAME UP WITH A DOCUMENT AND YOU'RE TELLING ME THAT THE CITY WHERE ALL OF THIS GREAT RESOURCES COULDN'T HAVE DONE THIS, I'M SORRY. I DON'T BUY THAT. AND MAYBE IT'S TIME FOR ME TO HAVE THEM UP AND MOVE OUT OF HERE TOO. AND A BUNCH OF MY FRIENDS, BECAUSE IF THIS IS WHERE MISSOURI CITY IS GOING, WHERE ARE WE GOING TO ISOLATE AND, AND, UH, CREATE DISPARATE TREATMENT OF SEGMENTS OF THIS COMMUNITY. AND WE'RE GOING TO REFUTE LEGAL DOCUMENTS OR REPUDIATE LEGAL DOCUMENTS BASED ON A BUNCH OF, [01:10:01] NOT IN COURT YET TALK AND QUITE FRANKLY TALK THAT WILL NOT EVEN MAKE IT TO THE COURTS. IF YOU ASKED ME, I DON'T GET IT, FOLKS, WHERE DO YOU WANT US TO GO WITH THIS? IT MAKES ABSOLUTELY NO, ABSOLUTELY NO SENSE. WE HAVE BEEN MEETING AND MEETING AND GETTING THE SAME RUNAROUND. I I'M PASSIONATE ABOUT THIS BECAUSE I DON'T WANT TO SEE PEOPLE OVER THERE. A SINGLE PARENT OVER THERE, WHO'S ALREADY PAYING THREE 80 10 FOR HER GARBAGE. YOU DON'T EVEN PAY THAT OVER IN QUAIL BADLY. AND THAT MAY BE A MEN COME OVER THERE. IT'S OVER CLOSE TO ALMOST $200,000 A YEAR. YOU DON'T DO IT. AND YOU WANT ME TO COME OVER HERE AND DO SOMETHING THAT THE ASSOCIATION SHOULD JUST CHARGE THEM ALL KIND OF MONEY. DO YOU REALIZE THAT WHEN WE TALKING ABOUT REDOING STREETS AND BRINGING THEM UP TO CODE, WE DON'T EVEN HAVE THE EXPERTISE FOR THAT. AND WE CERTAINLY DON'T HAVE THE RESERVES FOR IT. WE HAVE A DEDICATION DOCUMENT THAT CAN ONLY BE DENIED BY SOME KIND OF DOCUMENTS THAT CAME SUBSEQUENT TO IT. SOME KIND OF LEGAL DOCUMENT THAT REPLAT IT, REDEDICATE IT OR AMEND IT. FOLKS, LOOK AT IT, READ IT. DO YOU HAVE YOUR KIDS READ IT? IT'S PRETTY SIMPLE. IT'S NOT ROCKET SCIENCE. SOMEBODY HAS GOT TO MAKE A DECISION. I APPLAUD MAYOR FORD. I'VE HEARD PEOPLE SAY THAT. WELL, THEY DON'T LISTEN TO THEM TO THE, TO THE CITIZENS. WELL, LET ME TELL YOU RIGHT NOW, I'VE CALLED MERE FORD. TWO WEEKS AGO, I LEFT A MESSAGE. SHE RESPONDED ON THE SUNDAY AND THIS IS WHY WE'RE HERE TODAY BECAUSE SHE MADE IT HAPPEN. NOT THAT SHE HAD THE ANSWERS, BUT AT LEAST SHE WANTED THE CITIZENS WHO OWN THIS LIFE AND WHO ARE WAITING FOR A RESPONSE. AT LEAST SHE WANTED TO GIVE US A FAIR SHOT AT THIS. THAT DIDN'T HAPPEN WITH SNIPES. IT'S BEEN A YEAR AND A HALF SINCE WE TALKED WITH HIM, IT DIDN'T HAPPEN WITH COUNCILMAN BONEY. HE WAS JUST LETTING IT DRAG OUT. NO RESPONSE WHATSOEVER. I'M SADDENED BY THAT, DR. STERLING, WE CALL UP DR. STERLING AND GOT A RESPONSE TO THE NEXT DAY PER POSITION WITH LET'S SEE WHAT WE CAN DO, BECAUSE THAT'S WHAT WE SUPPOSED TO DO. AS COUNCIL PEOPLE, COUNCILMAN EDWARDS, 30 MINUTES, SHE CALLED BACK AND SHE SAYS, WHAT CAN I DO? I'M KINDA NEW AT THIS, BUT WILL YOU EXPLAIN IT? SHE STAYED WITH ME ON THE PHONE FOR 35 MINUTES AND SAY IT, IF I HAVE ANY QUESTIONS, I'LL CALL YOU COUNCILMAN PRESTON. THE NEXT BIG CALL. AND HE TALK WITH ME FOR 40 MINUTES ABOUT THIS ISSUE. HE HAD NO KNOWLEDGE OF IT, WHICH CONCERNED ME GREATLY THAT THIS HAD NOT ESCALATED TO THE COUNCIL AT LARGE. IT'S CONCERNED ME AND THE GAME THAT WAS PLAYED WITH A CONFIDENTIAL DOCUMENT WITH COUNCILMAN PRESTON SAID, IF I HAVE ANY QUESTIONS, I'LL CALL YOU FOLKS. THIS ISN'T ROCKET SCIENCE. AND I ASKED YOU TO DO WHAT'S FAIR FOR YOUR CITY, BECAUSE IF YOU DON'T DO WHAT'S FAIR FOR THIS CITY, I DON'T THINK THE NEXT STEP I'M GOING TO TAKE IS RAISE THE FEES OVER THERE FOR FOLKS THAT TAKE CARE OF STREETS, IT AIN'T GOING TO HAPPEN. I WILL PROTEST IT AND I WILL ASK THEM TO PROTEST WITH ME BECAUSE IT'S NOT FAIR. AND IT'S NOT FAIR TO JUST BE, THIS IS BEING DUMPED ON OUR NEW MAYOR'S LAP. WHEN IT COULD HAVE BEEN RESOLVED 40 YEARS AGO, WHEN IT COULD HAVE BEEN RESOLVED. WHEN, WHEN, UH, COUNCILMAN, UH, WHY IT WAS RUNNING AROUND THE DOGGEDNESS. I DON'T QUITE UNDERSTAND THIS PROCESS SOMETIME. I DON'T UNDERSTAND WHY PEOPLE DO IT. WHY DO THEY WANT TO TEAR DOWN THIS COMMUNITY RATHER THAN BRING IT UP? AND YOU'RE TELLING ME YOU WANT TO CREATE A LAWLESS KIND OF SOCIETY WITHIN A SEGMENT OF THIS COMMUNITY. YOU'RE TELLING ME THAT PEOPLE CAN DO WHATEVER THEY WANT TO DO. WE HAVE, WE HAVE OFFICES THAT ARE TRYING THEIR BEST TO COME AND CHECK ON ABANDONED CARS. BUT THEN THERE'S THOSE THAT THERE ARE THOSE WHO ALSO LAY BACK, LEAN ON THIS SO-CALLED OPINION AND SAY THEY WON'T TOUCH IT. WE HAVE POLICE OFFICERS THAT WILL COME. AND SOME THAT WON'T, YOU CAN'T HAVE A SOCIETY IN A CITY LIKE YOU CAN'T RUN A CITY LIKE THIS. IT'S UNPRODUCTIVE AND IT'S CONFUSING AND WE'LL NEVER MAKE PROGRESS. SO I PLEAD TO YOU, PLEASE CONSIDER THIS, READ THE DOCUMENTS. LAWYERS CAN TELL YOU ONE THING ON THIS SIDE AND YOU GET ANOTHER ONE. HE'LL TELL YOU ON THAT SIDE. AND QUITE FRANKLY, GUYS, THAT'S THE WAY IT WORKS IN COURT. WE DON'T WANT TO GO THERE. WE'RE TALKING TO OUR CITY, COUNCILMAN, WE'RE TALKING TO PEOPLE WHO CARE ABOUT THEIR COMMUNITY. WE'RE TALKING ABOUT QUAIL VALLEY. IT'S RIGHT ACROSS THE STREET FROM US. IF YOU'RE TELLING ME THAT THE LAWLESSNESS [01:15:01] WE'RE ALREADY SEEING, DEVELOPING WITHIN SECTION FOUR, IS THAT WHAT YOU REALLY WANT? THEN IF THAT'S WHAT YOU WANT, I'M GOING TO SELL MY HOUSE BEFORE THE VALUE STARTED GOING DOWN BECAUSE YOUR ASSOCIATION CAN NOT DO IT. AND I'M NOT GOING TO PUT THAT BURDEN FINANCIAL BURDEN ON THE BACKS OF PEOPLE WITH A MEDIUM INCOME OF LESS THAN $50,000 PER HOUSEHOLD, EXCEPT FOR INVESTORS. AND THEY DON'T REALLY CARE BECAUSE THEY WOULD LOVE FOR YOU TO RUN ALL THOSE RESIDENTS, HOMEOWNERS OUT WHO ARE TRYING TO KEEP UP THEIR HOMES, WHO ARE TRYING TO KEEP PACE WITH MODERN SOCIETY. INVESTMENTS WILL LOVE IT. IN FACT, WE SEE THE TREND ALREADY THAT COMBINED WITH THIS PANDEMIC PANDEMIC VIRUS, CRISIS, ECONOMICALLY AND SOCIALLY WE'RE IN TROUBLE. AND IF THIS IS THE WAY YOU GUYS ARE GONNA OPERATE, I'M MOVING OUT PRETTY QUICK. AND I WOULD SUGGEST TO MY FRIENDS, THEY DO THE SAME. I THINK WE NEED TO TURN THE PAGE ON THIS. WE NEED TO SIT DOWN LIKE WOMEN IN GENTLEMEN AND WORK THIS OUT PROFESSIONALLY. WE DON'T NEED TO BE IN COURT BEFORE WE GET THERE, BECAUSE ALL OF THAT MUMBLE JUMBLE, MR. JANE GAVE US IT'S MISREPRESENTATION. IT'S NOT TRUE. IT'S INCORRECT. AND I ASKED YOU READ THE 70 PAGES OF THE MEMORANDUM. AND AGAIN, ONLY THREE PAGES ARE HIS. THE REST OF IT IS ALL, SOME OF OUR DEED RESTRICTION. AND QUITE FRANKLY, SOME OF THEM AREN'T EVEN RELEVANT BECAUSE THEY DIDN'T UNDERSTAND THEM. YOU DON'T POP THE DEPENDENT ON THE RESTRICTIONS IN THERE, WHICH DOESN'T APPLY TO SECTION FOUR. JUST READ THEM FOLKS. I WOULD LIKE TO, UH, YIELD ABOUT FIVE MINUTES TO MR. BELLWOOD. SEMPRA'S MS. BELLWOOD, ARE YOU THERE? I AM. THEREFORE, YES, I'M HERE. I WOULD LIKE TO YIELD FIVE MINUTES TO MARIA. WE STILL GOOD ON TIME, MARIA. HELLO? I'M HERE. YES. WHAT TIME ARE WE AT FOR MR. OUT? OKAY. HOLD ON. IF HE WANTS TO, YOU HAVE FIVE MINUTES, WE HEAR YOU. HE CAN GIVE HIM FIVE. HE HAS ABOUT SEVEN, EIGHT MINUTES. OKAY, GO AHEAD. UM, I LIVE IN MEADOW CREEK, SECTION FOUR. I'VE BEEN A RESIDENT OF MISSOURI CITY FOR OVER 36 YEARS. UH, LAST WEEK I CALLED AND LEFT A MESSAGE WITH COUNSELING AND MR. BONI, BUT I NEVER HEARD BACK FROM HIM. AND I'VE BEEN HERE AND I'VE WRESTLED WITH THIS A LONG TIME, BECAUSE IT'S ALWAYS BEEN HERE. SAY THAT SECTION FOUR CREEK WHITE CIRCLE IS A PRIVATE STREET, BUT NO ONE'S EVER PRODUCED ANY LEGAL RECORDED DOCUMENTS. AND I BELIEVE JUST LIKE IN TODAY'S WORLD, IF YOU LOOK AT THE NEWS, IF YOU SAY SOMETHING LONG ENOUGH, YOU GET ENOUGH PEOPLE THAT HAVE START BELIEVING. UH, I THINK YOUR PERSON WHO DID THE PRESENTATION MENTIONED A SECTION, AS FAR AS YOU SCONES COMMON USE, NOT COMMON USE, BUT USE BY THE POLICE AND FIRE. WELL, WHEN ASHMONT ROAD, THE PROJECT WAS BEING BUILT OR REDONE THE STREET, THERE WERE TIME AFTER TIME AFTER TIME, WHERE DUMP TRUCKS, A COUPLE OF 18 WHEELERS THAT WERE DELIVERING EQUIPMENT, AS WELL AS LINE TRUCKS, WE'RE GOING UP AND DOWN CREEK WAY CIRCLE. IN FACT, I CALLED THE PLANNING PERSON THERE. I CAN'T THINK OF HER NAME OF AT LEAST FOUR TIMES. SO THAT WAS NOT PART OF THE USE THAT WAS MENTIONED IN THE EARLIER PRESENTATION, BECAUSE THIS WAS SUPPOSEDLY CONSTRUCTION OF ASHMONT, WHICH WAS A PUBLIC STREET. THE CITY USED CREEKWAY CIRCLE, WHICH QUOTE UNQUOTE, I GUESS, WAS A PRIVATE STREET. AND I DON'T BELIEVE THEY EVER GOT PERMISSION. AND THOSE HEAVY TRUCKS DID DO DAMAGE TO THE STREET. THE SECOND THING, THERE WAS AN INCIDENT ON CREEKWAY CIRCLE, WHICH A MINOR PRETEEN WAS ACTUALLY DRIVING A VEHICLE. UH, AND THERE TIME AND TIME AGAIN, WHERE YOU HAVE PEOPLE DRIVING FOUR WHEEL VEHICLES. WHEN WE SPOKE WITH THE POLICE CHIEF, HE SAID THERE WAS NOTHING THAT HIS OFFICERS COULD DO BECAUSE THIS WAS A PRIVATE STREET. NOW, JUST THINK ABOUT THAT FOR A SECOND. IF YOU HAVE A MINOR THAT YOU'RE DRIVING A VEHICLE AND THEY HIT SOMEBODY, YOU'RE TELLING ME THAT THE POLICE DEPARTMENT CAN NOT DO ANYTHING, THEY CAN NOT LEGALLY ISSUE A CITATION. I MEAN, AT WHAT POINT DOES THE CITY, OR IS THE CITY GOING TO TAKE CONTROL OF THIS [01:20:01] BEFORE THIS TURNS INTO THE WILD WILD WEST? I MEAN, WE PAY TAXES JUST LIKE YOU AND EVERYONE ELSE, BUT IT SEEMS LIKE OUR TAXES ARE BEING LIMITED ON THE SERVICES THAT WE DO GET. I MEAN, THE HOA DOES NOT HAVE THE AUTHORITY TO ISSUE A CITATION AND THEY DEFINITELY DON'T HAVE THE AUTHORITY TO ENFORCE ANY KIND OF TRAFFIC VIOLATION. SO IT'S GOING TO COME DOWN TO, AT WHAT POINT DOES THE CITY BECOME RESPONSIBLE FOR THE CARE OF ITS PEOPLE? BECAUSE IF I'M ON THE STREET AND THE POLICE DEPARTMENT CANNOT ISSUE A CITATION, THEN I'M JUST LIKE IN AFGHANISTAN WHERE I WAS 10 YEARS AGO, WHERE IT'S LAWLESS COMMON USE IS WHAT HAPPENS ON CREEK WAVE CIRCLE EVERY DAY, WHETHER IT'S THE CITY OR, YOU KNOW, UPS TRUCKS, AND THAT I UNDERSTAND THAT'S PRIVATE FOR PRIVATE USE, BUT IT'S NEVER BEEN WHERE THE PRIVATE USE AND THE PUBLIC USE HAS BEEN SEGREGATED BECAUSE THERE IS NO FENCE ON CREEK WAY CIRCLE. SO I DON'T KNOW. IT'S JUST MIND BOGGLING THAT IF THE WAY THINGS STAND RIGHT NOW, ANYTHING CAN HAPPEN ON CREEKWAY CIRCLE AND THE RESIDENTS ON CREEK WAY CIRCLE DON'T HAVE ANYONE WHO THEY CAN COME TO FOR HELP. SO, I MEAN, IT'S GOING TO COME DOWN TO THE CITY OF MISSOURI CITY, ACTUALLY RECOGNIZING THAT THERE IS A DEFICIENCY IN WHAT HAS HAPPENED TO SECTION FOUR. AND I UNDERSTAND THAT THERE'S BEEN HEARSAY FOR SO LONG THAT PEOPLE START BELIEVING THAT SECTION FOUR IS PRIVATE PROPERTY, BUT NOWHERE HAS THERE BEEN A DOCUMENT, A LEGAL DOCUMENT THAT'S BEEN RECORDED THAT SAYS IT'S A PRIVATE PROPERTY. AND AT THIS TIME I'D LIKE TO JUST YIELD BACK. LET ME MAKE SURE I GOT ALL THE THINGS I WANTED TO SAY OUT. OKAY, WELL THAT ENDS NOW. THANK YOU. THANK YOU. AND THEN WE HAD ONE MORE PERSON DON BAILEY WHO WANTED TO SPEAK LAST? YES. YES. UH, THANK YOU TO THE COUNCIL AND MAYOR FOR, UH, GIVING ME THE OPPORTUNITY TO SPEAK. I THINK, UH, MR. FONTENEAU AND MR. SIMPERS, UH, BASICALLY DID A VERY GOOD JOB IN EXPLAINING THE SITUATION BACK HERE. BUT WHAT I'D LIKE TO ADD IS WE HAVE TO PAY FOR OUR OWN STOP SIGN. WE HAVE TO PAY FOR OUR OWN STREET SIGNS. WHEN DELINQUENTS TEAR TERRORISM DOWN, OUR ROADS ARE IN DISREPAIR. LIKE THEY SAID ABOUT THE KIDS DRIVING, THE FOUR WHEELER, SOME OF THESE KIDS ARE LIKE EIGHT YEARS OLD. UM, WE HAVE TWO ROWS OF JUNKED CARS WITH NO INSPECTION STICKERS, UH, FLOODING THE STREET HOUSES ARE BEING SOLD BECAUSE OF THE CONDITION OF THE PROPERTY. AND IT'S NOT FAIR. WE DO PAY OUR TAXES. WE VOLUNTEER WHEN MISSOURI CITY NEEDS VOLUNTEERS. I'VE PREVIOUSLY HAD THE TELEPHONE CONVERSATION. WHEN I WAS ON THE BOARD WITH MR. SNIPES, A BONY AND THE CITY MANAGER AND THEIR RESPONSE WAS SENDING SOMETHING ABOUT A GATED COMMUNITY. THE HAD NO BEARING ON METAL CREEKS. THEY NEVER SAID ANYTHING ABOUT THE PLAT OR ANYTHING ELSE. AND THEN I KNOW IT'S PROGRESSED SINCE MY INITIAL INVOLVEMENT, BUT WE JUST ASK THAT WE, YOU KNOW, IT IS THE WILD, WILD WEST BACK HERE. I LIVE IN CREEKWAY CIRCLES, GOES INTO MY, MY STREET AND THERE'S SO MUCH HAPPENING BACK HERE AND WE CAN'T CONTROL IT. AND THE POLICE CAN'T HELP US BECAUSE OF A MISCONCEPTION. I BELIEVE THAT RE STATING THAT WE'RE A PRIVATE STREET AND THAT'S ALL I WANTED TO ADD. AND I WILL YIELD ANYTIME BACK TO MR. FONTENEAU, IF HE HAS ANYTHING FURTHER TO SAY, UH, UH, MAYOR FORD, IF, IF AT ALL POSSIBLE, I'D LIKE TO RESERVE THE BALANCE OF MY TIME, INCLUDING THAT, WHICH WAS A YEAR, [01:25:04] UH, MARIA, WHAT, WHAT ARE WE ON TIME? WHAT'S LEFT. OKAY. SO IF MS. BAILEY HAD ONE MINUTE LEFT AND MR. FONTENEAU HAD FOUR MINUTES LEFT AFTER HE GAVE HIS FIVE MINUTES TO MR. SIMPER. SO HE HAS FIVE MINUTES. GO AHEAD, MR. PARTNER, UH, I WOULD LIKE TO HEAR IF THERE'S ANY, UH, QUESTIONS OR REBUTTALS FROM THE COUNCIL. YOU DON'T HAVE TO USE YOUR TIME FOR THAT. UM, BUT I THINK COUNCIL MEMBER BONY HAD ASKED TO SPEAK ONCE YOU GUYS WERE DONE COUNSELING EVERYBODY. THANK YOU SO MUCH, MAYOR. FIRST OF ALL, I WANT TO THANK THE PARTICIPANTS, UH, WHO DECIDED TO, UH, PARTICIPATE IN TONIGHT'S CALL. UH, IT'S ALWAYS GOOD TO HAVE OUR COMMUNITY ENGAGED. UH, FIRST OF ALL, UH, SPEAKING TO, I WANT TO SAY HIS NAME WAS MR. SANDERS. I THINK THAT'S WHAT HIS NAME WAS. I'M NOT SURE WHAT PHONE NUMBER HE CALLED AND, UH, ALLEGEDLY LEFT A MESSAGE FOR ME, BUT I NEVER RECEIVED ANY MESSAGE, UH, FROM, FROM HIM. UH, AND I'D BE INTERESTED TO KNOW EXACTLY WHERE HE CALLED. UH, I KNOW I'VE BEEN EMAILED BY MANY, MANY MEMBERS OF THE METAL CREEK, UH, PATIO HOMEOWNERS ASSOCIATION, UH, THE AREA. AND, UH, I'VE BEEN EXTREMELY RESPONSIVE TO THEM. SO I I'D BE INTERESTED TO KNOW EXACTLY WHERE HE CALLED BECAUSE I, I DON'T HAVE A MESSAGE AT ALL FROM HIM. UH, BUT LET ME JUST START OFF BY SAYING THAT THE MOST IMPORTANT THING TO ME AND ALL OF THESE DISCUSSIONS HAS BEEN AND STILL IS WANTING WHAT, UH, IS IN THE BEST INTEREST OF THE PATIO HOMEOWNERS, UH, AND TO GET ANSWERS FOR THEM. AND, AND THESE TAXPAYERS AS ED WAS AS WAS JUST ALLUDED. CAUSE I DO BELIEVE THAT THEY DESERVE A RESOLUTION TO THIS LONG STANDING ISSUE OF CONCERN TO THEM. UH, NOW CONTRARY TO WHAT A HOA PRESIDENT, UH, JIM FONTAN, THOSE COMMENTS WERE TONIGHT AND, UH, AT THE LAST MEETING ON MAY 18TH AT HIS REQUEST. AND, UH, ALSO AT THE REQUEST OF MRS. TINA PO TRINA POWERS, WHO'S ALSO ON THE LINE AND I'M GLAD TO HEAR HER ON JULY 31ST, I MET WITH THE MEADOW CREEK PATIO HOMEOWNERS, AND I PROMISED, UH, TO WORK WITH STAFF AND WITH LEGAL TO RESEARCH THIS ISSUE AND TO BECOME MORE FAMILIAR WITH THE DETAILS, UH, AND PROVIDE A RESPONSE TO SEEK A POSSIBLE RESOLUTION OF IF, IF THAT WAS A PLAUSIBLE IN THAT I WAS A NEW COUNCIL MEMBER. UH, NOW I AT BETWEEN THAT TIME AND THE NEXT TIME WE MET, I CONSISTENTLY MET WITH STAFF AND LEGAL. I RECEIVED INFORMATION FROM THEM ABOUT THIS ISSUE. I ADVOCATED FOR THE FACTS TO COME OUT WITH LEGAL REPRESENTATIVE. UH, AND, UH, ONE OF THE THINGS THAT I DO KNOW IS THAT IN LOOKING AT SOME PAST INFORMATION, THAT MANY MEMBERS OF COUNCIL WERE VERY, VERY AWARE OF THIS ISSUE. UH, MANY OF THE MEMBERS OF COUNCIL, UH, THAT ARE ON THE CALL WITH US NOW, WE'RE EXTREMELY FAMILIAR WITH THIS ISSUE IN THAT IT'S, IT'S COME UP SEVERAL TIMES BEFORE, EVEN BEFORE I CAME ON COUNCIL, UH, ANOTHER MEETING WAS REQUESTED, UH, FOR AUGUST 31ST BY MS. POWERS BEING EMAILED TO ME. UH, BUT THAT WAS A SATURDAY. AND, AND OF COURSE, AN EMAIL AND BACK WITH MS. POWERS VIA EMAIL, WE AGREED THAT SEPTEMBER THE SIXTH WOULD BE THE NEXT MEETING DATE. I, ALONG WITH STAFF AND LEGAL WERE THERE AT THAT EVENING MEETING ON TIME, UH, AS WELL AS SEVERAL OF THE PATIO HOMEOWNERS, WE, WE DID START LATE, UH, THAT, THAT EVENING BECAUSE OF THE GROUP WANTED TO WAIT ON MR. FONTENEAU, WHO WAS ROUGHLY AT OUR LATE, UH, BUT WE, WE CONTINUED ON AND, UH, WE WERE ABLE TO ANSWER MANY OF THE QUESTIONS THAT, UH, THAT, THAT WERE POSED. NOW, THE THING ABOUT IT IS IN THOSE ANSWERS, OF COURSE, YOU KNOW, I AM, I'M AN, I'M NOT AN ATTORNEY. UH, I AM NOT AN ATTORNEY AND I DON'T HAVE ANY BACKGROUND IN LEGAL MATTERS. UH, NEITHER MR. FONTENEAU, NOR ANYONE I AND STAFF AND LEGAL MET WITH OUR ATTORNEYS OR EXPRESS THAT THEY WERE ATTORNEYS ALSO AT THOSE MEETINGS. AND SO I KNOW THE CITY HAS DONE ITS DUE DILIGENCE TO HELP PROVIDE RESOLUTION AND ANSWERS TO HELP THE PATIO. HOMEOWNERS GET CLARITY ON WHO IS ULTIMATELY RESPONSIBLE FOR THIS PRIVATE AREA AS IT'S BEEN DEEMED. AND, UH, I STILL WANT TO SEE THAT HAPPEN FOR THE PATIO HOMEOWNERS PER THE DOCUMENTATION AS LEGAL HAS, UH, DESCRIBED IN J UH, AS, UH, UH, MR. SANTANGELO'S SPOKE EARLIER AND HAS BEEN STATED BEFORE THE HOA DOCUMENTS REVEALED, UH, THAT THE HOA, UH, HAD OWNERSHIP AND RESPONSIBILITY FOR THOSE HOMES. UM, SO I'M GLAD TO HEAR THAT MR. FONTENEAU MADE PHONE CALLS TO SOME OF MY COLLEAGUES. I'M NOT SURE IF HE CAUSE HE DIDN'T MENTION THEM IF HE MADE PHONE CALLS TO, UH, COUNCIL MEMBERS, MAROON OR EMORY, BUT, UH, ALTHOUGH I'M AN EXTREMELY [01:30:01] ACTIVE AND ENGAGED COUNCIL MEMBER, WE ALSO HAVE AT LARGE MEMBERS OF COUNCIL AND A MAYOR WHO REPRESENT EVERY DISTRICT, INCLUDING THE ONE THAT I HAVE BEEN ELECTED TO REPRESENT. SO I'M HAPPY THAT WE'RE HAVING THIS PUBLIC DISCUSSION SO WE CAN ALL BETTER UNDERSTAND THIS LONG STANDING ISSUE AND THAT WE CAN ALL SPEAK TO HOW WE MOVE FORWARD. I KNOW THAT WE'VE HAD INDIVIDUALS COME BEFORE US LIKE MR. BRUCE, DEBROWSKI, WHO'S REQUESTED A BRIDGE. I KNOW WE'VE HAD PEOPLE FROM COLONY CROSSING, WHO'VE COME AND ASKED FOR A SOUND WALL. AND I KNOW THAT I'VE RECENTLY HAD ANOTHER SUBDIVISION AND DISTRICT B HAS REQUESTED A SOUND WALL AND VARIOUS OTHER THINGS THAT, UH, YOU KNOW, UH, HAVE BEEN REQUESTED TO BE PAID FOR BY THE CITY. UH, I JUST WANT US TO KNOW THAT I HAVE SEVERAL EMAILS THAT SHOW FROM MS. POWELL WAS AND OTHER, SHE THANKED ME FOR TAKING THE TIME TO MEET WITH THE PATIO HOMEOWNERS, IF ALL THE TIME AND ATTENTION THAT I GAVE TO TRY AND HELP PROVIDE A RESOLUTION. UH, BUT LISTEN, LASTLY, I JUST WANT TO SAY YOU CAN'T FIND A BIGGER ADVOCATE FOR THE PEOPLE THAN ME AND ONE OF THE MOST IMPORTANT THINGS. AND THAT IS THAT IN THIS ROLE AS A COUNCIL MEMBER, I GOT TO DO MY RESEARCH. I HAVE TO ASK QUESTIONS OF STAFF AND I HAVE TO ASK QUESTIONS LEGAL TO BETTER UNDERSTAND ALL THESE ISSUES. I DID THAT, AND I WANT TO JUST POINT OUT THAT LEGAL AND STAFF HAVE PROVIDED A SOLID ASSESSMENT AND ANALYSIS OF AN ENTIRE SITUATION. AND, UH, YOU KNOW, THIS POINT OF DISCUSSION AND I RELY ON OUR STAFF, I RELY ON OUR LEGAL DEPARTMENT TO PROVIDE ME WITH THE NECESSARY INFORMATION AFTER MY ASKING QUESTIONS, BUT IF IT'S THE WILL OF THE COUNCIL AND IT'S THE WILL THE MAYOR AND AT-LARGE MEMBERS WHO ALSO REPRESENT DISTRICT B TO PAY FOR THESE STREETS AND TO MOVE FORWARD WITH THIS AFTER RECEIVING ALL OF THIS INFORMATION FROM LEGAL AND STAFF, THEN I'D LOVE TO HEAR THEM, UH, TO, TO, UM, MAKE A MOTION TO MAKE THAT HAPPEN. THANK YOU. IS THERE ANYONE ELSE, MAYOR? THIS IS ANTHONY. UM, IT WAS STATED THAT, UM, THE STREETS WERE NOT UP TO CITY STANDARDS. SO AS WE CONTINUE TO LEARN MORE ABOUT THIS AND NAVIGATE THROUGH THIS, IF WE GET TO A POINT WHERE WE BELIEVE THE CITY WILL TAKE OVER THIS AREA, WA WHO WOULD BE RESPONSIBLE IN MAKING THOSE STREETS STANDARDIZED AND UP TO PAR, WOULD WE ACCEPT THAT THE WAY THAT IT IS? OR WOULD THERE BE SOME SORT OF PARTNERSHIP? HOW DO WE, HOW DO WE BRIDGE THAT, THAT WOULD BE COMPLETELY UP TO THE COUNCIL TO MAKE THAT DECISION ON WHAT WE WOULD LIKE TO DO, UM, ASK FOR THEM, ASK FOR THEM GETTING BROUGHT UP TO STANDARD. UM, I MEAN, IF WE TAKE ON THE STREETS, THEN YES, WE WOULD BE RESPONSIBLE FOR BRINGING THOSE STREETS UP TO STANDARD. BUT THAT WOULD, LIKE I SAID, BE UP TO THE COUNCIL TO MAKE A DECISION ON THAT. OKAY. SO A MIRROR, THIS IS SHARON MCFARLAND, THIS IS ONE THING. CAN YOU TELL ME, HOW LONG DO YOU THINK THIS RESOLUTION WOULD TAKE? YOU KNOW, THIS IS WHAT I HAVE DONE THE LAST COUNCIL MEMBER MEETING THAT WE HAD. SO HOW LONG, HOW LONG DO YOU THINK THIS WILL TAKE FOR THIS RESOLUTION TO, YOU KNOW, SO WE'LL KNOW ON, ON A SECTION FOUR, WHAT THIS, YOU KNOW, WHAT W WHAT WE, HOW WE STAY. UM, I CANNOT GIVE YOU AN EXACT TIME. I WOULD BE LYING TO YOU. I MEAN, ONCE AGAIN, IT TAKES A COUNCIL'S ACTION, UM, A VOTE OF THE MAJORITY TO BASICALLY MOVE FORWARD ON HOW WE'RE GOING TO MOVE FORWARD. AND THEN AT THAT POINT, WHATEVER WE DECIDED TO DO, WE COULD PUT A TIMELINE TO IT AT THAT POINT, WHATEVER OUR DECISION WAS. SO AS SOON AS WE GET TO THAT POINT, THEN WE COULD ABSOLUTELY GIVE YOU, UM, SOME KIND OF SCHEDULE OR SOMETHING. SO ARE WE GOING TO HAVE ANOTHER MEETING, OR, I MEAN, HOW ARE WE GOING? UM, AT THIS POINT, I MEAN, COUNCIL WOULD HAVE TO GET TOGETHER AND HAVE A DISCUSSION OVER IT. UM, I WOULD SUGGEST THAT WE HAVE A WORKSHOP ON IT SO THAT WE COULD, I'M SORRY. NO, I JUST SAID, OKAY. I WOULD SUGGEST THAT WE HAVE A WORKSHOP. SO WE GET, CAUSE I'M LOOKING AT A DOCUMENT NOW THAT I'VE NEVER SEEN BEFORE. UH, YEAH, THIS IS CITY ATTORNEY FEM. UH HUH. THERE'S A DOCUMENT IN HERE. UM, HAD YOU SEEN THIS DOCUMENT? IT'S UM, MR. FANO IS PART OF THE PACKET THAT MR. PANDO GAVE TO MARIA TODAY AND WHERE IT DEDICATES THE STREETS AND ALLEYS AND PARKS AND EASEMENTS TO PUBLIC USE. UM, I DON'T HAVE THE PACKET. I DID NOT RECEIVE THE PACKET FROM MARIA. HOWEVER, IF I MAY JUST KIND OF RESPOND IN GENERAL HERE, UM, ALL THE OTHER RESIDENTS DON'T LIKE [01:35:01] LEGALS RESPONSE. I THINK I HAVE TO SAY THAT I THINK THAT IT'S UNFAIR AND UNNECESSARY FOR THE RESIDENTS TO INSULT A CITY EMPLOYEE FOR DOING HIS JOB. UM, BUT WITH THAT, YOU KNOW, STATE LAW IS CLEAR THAT EVEN IF THE PLAT DEDICATE PROPERTY OR IMPROVEMENTS TO PUBLIC USE, THE CITY STILL HAS TO ACCEPT THAT IN THIS CASE, THE CITY HAS NOT ACCEPTED CREEKWAY CIRCLE AS A PUBLIC STREET. SO I THINK THAT IT SOUNDS LIKE THE COUNCIL IS HEADED IN THE DIRECTION OF TAKING A VOTE. YOU ALL CAN DO THAT. IF YOU FIND A PUBLIC PURPOSE HERE FOR WHICH YOU WANT TO EXTEND PUBLIC DOLLARS ON A PRIVATE IMPROVEMENT, THE COUNCIL CAN DO THAT, BUT I THINK IT'S UNNECESSARY, UM, FOR RESIDENTS TO ATTACK, UH, STAFF IN THE WAY THAT THEY HAVE. OKAY. EXCUSE ME. NO, I DON'T SEE WHERE, WHERE NOBODY WAS ATTACKED, WHO WAS ATTACKED CORE POINT OF BOREDOM THERE? UH, WE, UH, BEYOND MY UNDERSTANDING, I HAVE FIVE MINUTES THEN I'D LIKE TO USE MY FIVE MINUTES TO WRAP UP PLEASE. OKAY. MAYOR ALL OF US SIMPLY SAYING, HOLD ON ONE SECOND, JIM, IF YOU DON'T MIND, ALL I WAS SIMPLY SAYING THERE WAS THAT, UH, INDIVIDUALS WHO SIGNED UP TO SPEAK, UH, AND WHO HAVE TIME LEFT TO SPEAK OR, UH, ALLOWED TO SPEAK DURING PUBLIC COMMENTS. AND I JUST WANTED TO MAKE SURE THAT THAT WAS, UH, ADHERED TO MERIT. THAT'S ALL. OKAY, MR. FONDO IF YOU WOULD LIKE TO GO AHEAD AND USE YOUR FIVE MINUTES, PLEASE GO AHEAD. IF I CAN GET EVERYBODY ELSE TO PLEASE MUTE YOUR LINES. YEAH, FIRST OF ALL, LET ME SAY THAT IT WAS NOT MY INTENT TO OFFEND ANYONE. I WAS TRYING TO, I WAS ONLY STICKING WITH THE FACTS AND IF THE FACTS HURT THEN SO BE IT. I DON'T EVEN KNOW JAMES THAT WELL, OTHER THAN THE FACT THAT HE CAME TO THE MEETING AND THIS IS THE SAME KIND OF DISCUSSION, BY THE WAY, WE HAD AN END MEETING AND NO ONE WAS OFFENDED. I WAS OFFENDED WHEN COUNCILMAN BONNIE TOLD INDIVIDUALS IN THAT MEETING THAT THEY WOULD HAVE TO PAY FOR THEIR SERVICES AND THEY WOULD GET INVOICED FOR IT. THAT WAS OFFENSIVE. I WAS OFFENDED WHEN I HEARD THAT COUNCILMAN BUNNY HAD MAY HAVE, MAY HAVE SUGGESTED THAT WE GET AN ATTORNEY THAT DIDN'T SEEM ETHICAL. SO MY POINT IS SOMEONE HAD ASKED THE QUESTION ABOUT BRINGING THE STREETS UP TO CODE AGAIN. I WOULD JUST ASK YOU GUYS READ THE DEDICATION BECAUSE THERE WAS A WAIVER IN THE DEDICATION LANGUAGE THAT WAIVES ANY CLAIMS WITH DAMAGES OCCASIONED BY ESTABLISHING, ESTABLISHING A GRADES AS APPROVED FOR THE STREETS AND ALLEYS. I MEAN, THIS IS THIS ISN'T ROCKET SCIENCE. THIS IS NOT SOMETHING WE NEED TO SIT DOWN WITH A BUNCH OF ATTORNEYS WITH, AND I'M NOT TRYING TO OFFEND ANY ATTORNEY. THEY, THEY, THEY, THEY HAVE A PLACE IN THIS PROCESS. WHAT WE'RE TRYING TO DO IS CREATE WHAT I KNOW MAYOR FORD WANTS TO DO, AND THAT'S BE TRANSPARENT WITH THE CITIZENS. AND THIS IS A GREAT OPPORTUNITY FOR THAT. AND THAT'S ALL WE'RE ASKING, BUT YOU'VE GOT TO READ THE DOCUMENT. IF YOU'RE GOING TO RELY JUST AS MR. BONY INDICATED, IF YOU'RE GOING TO RELY ON INFORMATION THAT IS INCORRECT MISREPRESENTING, TOTALLY MISCONSTRUED IN TERMS OF WHAT THESE DEED RESTRICTIONS MEAN, THEN THAT'S, THAT'S THE PROBLEM. AND THAT'S WHAT MR. BONY DID THROUGHOUT BOTH MEETINGS, VERY COMBATIVE. HE REALIZED HE'S RELYING ON WHAT THE COUNCIL SAID. WHAT SOMETIMES YOU GOT TO USE SOME COMMON SENSE. SOMETIMES YOU GOTTA USE SOME BASIC SENSE. IF YOU HAVE A LEGAL DOCUMENT, IF I DEED OF THE HOUSE TO YOU, AND I SAID, YOU COULD STAY IN THAT HOUSE AND I'M GOING TO DEED IT TO YOU. AND IT STATED TO YOU IN YOUR NAME, YOU ENTER INTO THAT HOUSE, YOU USE THAT HOUSE, BUT THEN THE INSPECTOR COMES AND SAYS, YOU HAVE TO IMPROVE IT AND JUST SAY, WELL, I'M NOT GOING TO APPROVE IT AS JIM KNOWS RESPONSIBILITIES. NO, IT WAS DEEDED TO YOU LEGALLY. YOU USED IT, YOU ENTERED IT AND YOU HAVE RESPONSIBILITY FOR IMPROVING IT. YOU'RE USING THE STREETS. ALL OF THESE THINGS OUGHT TO BE COMMON SENSE. YOU'VE GOT TRUCKS DRIVING DOWN THE STREET. MR. SEMPRA'S JUST GAVE YOU AN EXAMPLE OF WHAT CREEKWAY CIRCLE WAS BASICALLY A STAGING AREA FOR BIG WHEELERS, FOR 18 WHEELERS MACHINERY. YOU TORE UP THE STREETS. WE GOT VIDEOS OF IT. WE GOT PICTURES OF IT. WE TALKED TO SCOTT ELMER. HE WAS GOING TO LOOK INTO IT. WE NEVER GOT A RESPONSE. BACK LATER, WE FOUND OUT HE RETIRED, BUT MY POINT IS, WE'RE NOT TRYING TO OFFEND ANYBODY. WHAT WE WANT WHAT'S JUST TO HAPPEN. WE WANT WHAT'S FAIR [01:40:01] TO COME TO THE RESIDENCE OF SECTION FOUR. YOU CAN'T EXPECT PEOPLE OVER THERE TO TAKE CARE OF THOSE STREETS. THEY'VE BEEN DOING IT FOR 47 YEARS AND THEY'RE EXHAUSTED. WE HAVE NO RESERVES. AND AS MR. SIMPSON CENTER SAID, IT'S BECOMING LIKE THE WILD, WILD WEST OVER THERE. AND WHEN PEOPLE KNOW IT'S LIKE THAT, YOU'VE GOT CRIMINAL MINDS OVER THERE THAT WILL TAKE CARS FROM HOUSTON AND ABANDONMENT IN THE PRIVATE SO-CALLED PRIVATE AREAS BECAUSE THEY KNOW THAT WE CAN'T CALL POLICE. THEY'RE SELLING CARS OVER THERE. THEY PUT LITTLE STICKERS ON THEM AND TEMPORARY STICKERS AND SELLING THEM. SO ALL I'M ASKING, GUYS, LET'S SIT DOWN AND RESOLVE. WE DON'T WANT TO BE PART OF THE PROBLEM. WE RATHER BE PART OF THE SOLUTION. THAT'S THE WAY CITIES AUTO WORK ALL OVER THE UNITED STATES. WE'RE HAVING CONFUSION BECAUSE PEOPLE DON'T WANT TO SIT DOWN AND TALK. YOU HAVE THE POWER IT'S IN YOUR HAND TO DO THIS. AND ALL WE'RE ASKING, I FELT, I DON'T KNOW MR. MR. EMORY, I DON'T KNOW MR. MARCELLUS, WHAT? I'LL BE MORE THAN GLAD TO TALK WITH THEM. I'LL BE MORE THAN GLAD TO TAKE THEM THROUGH A TOUR OF MEDICAID AND SHOW THEM THE DECAY THAT'S STARTING. WE CAN TURN IT OVER TO INVEST AS IF YOU WANT TO, BECAUSE THE, IF I'M LOOKING AT THE NUMBERS, IT'D PROBABLY BE SOMEWHERE AROUND $1,500 A YEAR. MOST OF THE PEOPLE THAT CAN'T AFFORD IT. SO THEN YOU'RE IN THE FORECLOSURES AND WE'RE RIGHT ACROSS THE STREET FROM THE GREAT COMPLEX CALLED THE GOLF CENTER. IF CITY COUNCIL CAN TAKE PRIVATE PROPERTY AND TURN IT INTO A METROPLEX, YOU CAN TAKE CREEK WASTE, CIRCLE AND MANAGE THAT MAINTENANCE PROCESS. THAT'S ALL I HAVE TO SAY. FOLKS, PLEASE CONSIDER IT ON BEHALF OF THE FOLKS THAT LIVE IN THE PATIO HOMES. OKAY, MR. FINE. NOW THIS IS ME FOR IT. CAN YOU SEND ME THOSE PICTURES OF THE CONSTRUCTION STAGING AREA OR THE VIDEO? I'D BE MORE THAN GLAD TO THANK YOU. ARE THERE ANY OTHER QUESTIONS OR COMMENTS AND THEREFORE THIS WAS COUNCILMEN AND EMORY, GO AHEAD. GO AHEAD. NO, UH, YOU KNOW, UH, I'D BE MORE THAN GLAD TO SIT DOWN AND, UH, ARE, YOU CAN TAKE ME THROUGH THE, UH, THE AREA I'M VERY FAMILIAR WITH METAL CREEK. I HAVE A NUMBER OF FRIENDS THAT LIVE OVER THERE, IN FACT, LIVE IN THE AREA THAT YOU'RE TALKING ABOUT. SO, UH, UH, I, UH, UM, I'M LITTLE BIT AT LOSS AS TO WHY HE DIDN'T GET A HOLD OF ME. HE GOT AHOLD OF EVERYBODY ELSE, BUT THAT THAT'S WATER UNDER THE BRIDGE. SO LET'S GO FORWARD. UH, SECOND THING IS, UH, THE, UH, WASTE MANAGEMENT WCA. UH, YOU MADE SOME REFERENCE TO QUAIL VALLEY, UH, QUAIL VALLEY PAYS THROUGH THEIR HOA DUES, THE, UH, UH, SOLID WASTE COSTS. SO, YOU KNOW, I'M NOT SURE WHAT THE REFERENCE WAS TO QUAIL VALLEY OR, OR WHY THE REFERENCE WAS TO QUAIL VALLEY, BUT I JUST WANTED TO MAKE SURE THAT, UH, IT'S ON A RECORD THAT, UH, THE CITIZENS THAT LIVE IN QUAIL VALLEY PAYING FOR THEIR, A SOLID WASTE PICKUP THROUGH A DUES THAT ARE PAID TO THE HOA. THE HOA PAYS THE, UH, THE INVOICES. AND LASTLY, UH, WELL, NOT LASTLY, BUT, UH, I'D LIKE TO HAVE OUR STAFF, UH, CHECK AND SEE WHAT TYPES OF ACTIVITIES CAN'T THE POLICE MINISTER ARE OUR MONITOR, UH, BECAUSE IT'S A PRIVATE STREET. I KNOW THAT THEY CAN'T, BUT IT'S MY UNDERSTANDING. THEY CAN'T GIVE OUT TICKETS FOR SPEEDING, BUT, UH, AS FAR AS JUNK CARS, AS FAR AS SOMEONE CALLING AND HAVING, UH, SOME TYPE OF AN INCIDENT, AND YOU'RE CONCERNED ABOUT CALLING THE POLICE, CAUSE THEY DON'T THINK THE POLICE CAN, UH, UH, RESPOND TO THEM. AND IT TURNS, IT'S TURNING INTO YOUR COMMENTS, A WILD, WILD WEST. I, YOU KNOW, I, I JUST HAVE DIFFICULTY WITH THAT BECAUSE I THINK OUR POLICE DEPARTMENT, UH, DOES A GREAT JOB. AND, UH, I, AND THERE MAY BE SOME THINGS THAT ARE, UH, THEY'RE RESTRICTED TO A, TO DO, UH, BECAUSE THEY ARE QUOTE AT THIS POINT CLASSIFIED AS A PRIVATE STREET. SO I'D LIKE TO KNOW FROM, UH, FROM OUR STAFF, WHAT, UH, THINGS THAT, UH, THE, UH, THE POLICE DEPARTMENT CAN'T, UH, ADMINISTER OR RESPOND TO. AND, UH, I, I GUESS WHAT, WHAT I'M HEARING IS AT THIS POINT, IT SOUNDS LIKE, UH, FROM THE COUNCIL STANDPOINT THAT IT'D BE IN THE BEST INTEREST OF THE CONSOLE TO HAVE A WORKSHOP [01:45:01] SO WE CAN FARE OUT AND, AND GET ASSESSMENTS WITH SOME OF THESE QUESTIONS THAT ARE BEING ASKED. SO THAT'S, UH, MR. FONTENEAU, UH, IF YOU, UH, UH, HAVE MY PHONE NUMBER, UH, (713) 562-0331, I'M BEING MORE THAN GLAD TO, UH, UH, TO VISIT WITH YOU, MR. NUMBER, WOULD YOU REPEAT THAT NUMBER ONE MORE TIME? (713) 562-0331. THAT'S MY CELL NUMBER. YEAH, THE ONLY, THE ONLY COMMENT THAT I MADE REGARDING THE TRASH WAS THAT WE DON'T, THE PATIO HOME MEMBERS PAY THEIR TRASH THROUGH THEIR WATER BILL. WE DON'T PAY IT FOR THEM. OKAY. IT PAYS FOR THE WATER BILL, BUT THEY ARE PAYING IN ADDITION TO THAT, ANOTHER $400. HE, JOYCE, I'M SORRY, CAN YOU, CAN YOU PLEASE, UM, PROVIDE COUNCIL MEMBER EMORY WITH, UM, A RESPONSE TO WHAT THE POLICE CAN AND CANNOT DO OVER THERE? THAT THE QUESTION HE ASKED? UH, YES. MA'AM. AND IF I MAY, I WANT TO APOLOGIZE TO MAYOR AND COUNCIL FOR MY EARLIER COMMENTS, BUT I DID WANT TO JUST KIND OF REITERATE THAT WE PRESENT KIND OF THE LEGAL OPINION FOR YOU ALL, UH, BY WHICH YOU CAN MAKE YOUR DECISIONS. SO LEGALLY THE STREET IS PRIVATE. UM, BUT COUNCIL MEMBER, EMORY, YOU ASKED ABOUT WHETHER THE POLICE CAN REMOVE ABANDONED VEHICLES AND THINGS, CARS AND VEHICLES THAT ARE BLOCKING THE STREETS. WE ACTUALLY HAVE DOCUMENTATION FROM THE 1973 PLANNING AND ZONING COMMISSION IN WHICH THE DEVELOPER OF THE AREA STATED THAT, UM, THE DEVELOPMENT WOULD REMOVE VEHICLES FROM STREETS. SO IN ADDITION TO IT BEING PRIVATE, THERE WAS ALSO A COMMITMENT FROM THE DEVELOPER UPON DEVELOPMENT THAT THE, UM, THE AREA WOULD BE RESPONSIBLE FOR REMOVING VEHICLES FROM THE STREET. THERE THERE'S TWO THINGS THAT I WOULD ASK. THIS IS COUNCILMAN EMORY. NUMBER ONE IS YOU PROVIDE A COPY OF THAT TO MR. FONTENEAU. SO HE, UH, KNOWS THAT THERE WAS A COMMITMENT MADE BACK THEN, AND I'M ASSUMING IT'S STILL VALID, BUT THE OTHER, I STILL WOULD LIKE TO HAVE SOMETHING FROM OUR POLICE DEPARTMENT THAT TELLS US WHAT THEY CAN AND CAN'T DO, UH, WHEN THEY HAVE, UH, CALLS COMING FROM, UH, FROM A METAL CREEK BECAUSE, UH, YOU KNOW, W WE PRIDE OURSELVES ON BEING THE SAFEST CITY, BUT WE'VE GOT TO MAKE SURE THAT WE'RE THE SAFEST CITY FOR EVERYBODY. SO LET'S MAKE SURE THAT, UH, IF WE KNOW EXACTLY WHAT RESTRICTIONS THERE MIGHT BE, IF ANY, UH, PLACED ON THE POLICE, BECAUSE THEY ARE QUOTE A PRIVATE STREETS. YES, SIR. AND THIS IS EACH WAY IT'S JUST TO POINT OUT IN JAMES'S PRESENTATION. HE DID INCLUDE, I BELIEVE THE CITATION TO THE RULES OF THE ROAD, WHICH ARE ALL OF THE KIND OF TRAFFIC LAW ENFORCEMENT VIOLATIONS THAT ONE COULD HAVE. AND, UM, THAT IS ONE EXAMPLE OF US, OR A SPECIFIC EXAMPLE OF WHAT A POLICE OFFICERS ARE. OFFICERS CANNOT ENFORCE ON PRIVATE ROADWAYS. OKAY. WELL, IF YOU COULD CONSOLIDATE ALL OF THAT PLUS WHATEVER ELSE YOU MAY FIND IN ONE DOCUMENT, I THINK IT WOULD BE SOMETHING THAT BOTH MYSELF AND THE REST OF THE COUNCIL MAYOR WOULD, UH, WOULD LIKE TO HAVE, UH, WHEN WE, UH, UH, GO INTO FURTHER DISCUSSIONS. AND, UH, ALSO, UH, YOU KNOW, SINCE, UH, UH, IT'S, UH, PUBLIC INFORMATION, UH, MAYBE A COPY TO MR. FONTENEAU SO THAT HE KNOWS, UH, WHAT THE RULES, UH, OUR POLICE DEPARTMENT IS WORKING UNDER MAYOR FORD. THIS IS DEL SEMPRAS IN RESPONSE TO THE COUNCILMAN THAT JUST SPOKE. I ACTUALLY SPOKE TO THE POLICE CHIEF, AND I BOUGHT UP THE SITUATION WHERE THE MINOR WAS DRIVING A MOTOR VEHICLE. AND HE SAID THERE WAS NOTHING HE COULD DO, EVEN IN THAT INSTANCE, BECAUSE IT WAS CONSIDERED AS HE THOUGHT A PRIVATE STREET. NOW, TO ME, THAT JUST DOES NOT ADD UP, OKAY, THIS WAS CONSEQUENTLY COUNCILMAN EMORY. UH, AND I UNDERSTAND WHAT YOU'RE SAYING AND WHAT I WANT TO DO IS GET CLARIFICATION EXACTLY WHAT THEY CAN AND CAN'T DO. UM, BECAUSE, UH, LIKE I SAY, WE NEED TO MAKE SURE THAT WE'RE PROVIDING SAFE STREETS IN A SAFE ENVIRONMENT FOR ALL MISSOURI CITY, NOT JUST, UH, YOU KNOW, CERTAIN SECTIONS OF IT, BUT FOR ALL OF THEM, MISSOURI CITY. THANK YOU. OKAY. SO, UM, ARE THERE ANY OTHER QUESTIONS OR CONCERNS MAYOR AND COUNCIL IS SPILLWAY. OKAY. OKAY. THANK YOU. [01:50:01] I JUST WANT TO MAKE SURE AS WE ARE LOOKING AT DOING THIS, DO YOU WANT AN ITEM IN THE FUTURE? BECAUSE THIS MAY TAKE SOME TIME TO PULL SOME THINGS TOGETHER, BECAUSE I THINK IN ALL FAIRNESS AND LOOKING AT THE CITY AS A WHOLE WOULD PROBABLY NEED TO TAKE INTO CONSIDERATION ALL PROMISED STREETS AND ALL PRIVATE DEVELOPMENTS, UM, AND WHAT THAT MIGHT BE AS AN IMPACT TO THE CITY, UH, SO THAT YOU HAVE A FULL PICTURE OF, OF THE INTENT. SO WE'RE NOT JUST LOOKING AT PARTICULAR ONES, IS THAT WHAT Y'ALL WANT? WELL, IT'S SPECIFICALLY, IT IS NOT ALL PRIVATE STREETS AND ALL DEVELOPMENTS, CAUSE I DON'T THINK THERE'S A DISCREPANCY WITH ALL PRIVATE STREETS. UM, I MEAN, I, I PULLED A COUPLE OF PLATS MYSELF JUST TO SEE, UH, THE QUAIL VALLEY PATIO HOMES. UH, AND, AND I UNDERSTAND WHAT LEGAL IS SAYING JUST BECAUSE IT'S ON THE PLAQUE. UH, DOESN'T MEAN THAT, YOU KNOW, IT'S SO PER SE, BUT I DID PULL THE QUAIL VALLEY PATIO HOMES, CAUSE THAT WAS THE CLOSEST ONE AND IT HAS PRIVATE STREETS ON THERE. IT DOESN'T MIX THEIR STREETS. IT'S PRIVATE. SO THERE'S NOT REALLY A, YOU KNOW, IS A PRIVATE ISN'T, ISN'T IT PRIVATE CONVERSATION. AND I THINK THIS IS MORE THE SITUATION FOR THIS KIND OF REASONING THAT THERE'S DISCREPANCIES ON PRIVATE, UH, VERSUS THE NOT BEING PRIVATE, UM, OR A BILL MAYBE YOU MAY KNOW, DID WE, I HEARD THE AGS OFFICE REFERRED ON SEVERAL OTHER ISSUES. DID WE SEND THIS OVER OR MAYBE JAMES MAY WANT TO ANSWER THIS? WAS THIS SENT OVER TO THE SPECIFICALLY, THIS ISSUE SENT OVER TO THE AGS OFFICE. W UM, THIS IS E JOYCE. DO YOU MEAN FROM, UH, A QUESTION FROM THE CITY OF MISSOURI CITY TO THE ATTORNEY GENERAL'S OFFICE? YES. UH HUH. NO, MA'AM OKAY. AND THAT'S OKAY. UM, SO AT THIS POINT, YES, MA'AM I WAS GOING TO SAY AT THIS POINT, THERE SEEMS TO BE, UM, I KNOW I MENTIONED THE WORKSHOP COUNCIL MEMBER IN REWORK MENTIONED THE WORKSHOP. I THINK IT'S FOR, IT'S HARD TO MAKE A DECISION WITHOUT KNOWING ALL THE FACTORS. LIKE I SAID, I'M SEEING A DOCUMENT THAT I'VE JUST SEEN FOR THE FIRST TIME TODAY, UM, WITHOUT KNOWING EVERYTHING IN REFERENCE TO EVEN COSTS, UH, LIKE, SO I THINK COUNCIL MEMBER EMORY ASKED, OR A COUNCIL MEMBER RULE IS ASS, UH, BRINGING IT UP TO STANDARD, UH, PUBLIC STANDARDS. UM, SO THERE'S HARD, IT'S HARD TO MAKE A DECISION WITHOUT KNOWING ALL THAT INFORMATION. UM, I WOULD LIKE TO HAVE A COMPLETE WORKSHOP SO THAT WE CAN UNDERSTAND ALL THOSE FACTORS. UM, SO I GUESS THAT WOULD BE MY DESIRE. UM, AND I'M ASKING THE COUNCIL, IS THERE INTEREST FROM ANYBODY ELSE ON THE COUNCIL TO, TO MOVE FORWARD? I KNOW COUNCIL MEMBER EMORY SAID YES, BUT WE HAVE, UH, FIVE MORE MEMBERS. SO METAPHOR. THIS IS COUNCILMAN WITH BONY. I'M DEFINITELY OPEN TO HAVING THIS DISCUSSION VIA A WORKSHOP SO THAT WE CAN COME TO A CONSENSUS AS TO HOW TO MOVE FORWARD ON THIS AND OTHER ISSUES, BECAUSE I DO AGREE WITH BILL THAT WE NEED TO LOOK AT ENTIRE THE ENTIRE CITY, UH, TO ENSURE THAT WE DON'T HAVE TO DEAL WITH THIS ISSUE. AND, UH, IT, YOU KNOW, IN ANY OTHER, UH, ISSUES MOVING FORWARD IN THE FUTURE. SO IT'S BEST TO JUST GO AHEAD AND DEAL WITH IT ALL THIS SPECIFICALLY, AS WELL AS INCLUSION OF, UH, ALL OF THE PRIVATE AREAS IN THE CITY, BECAUSE AT THE END OF THE DAY, UH, YOU KNOW, AGAIN, YOU KNOW, THESE ARE TAXPAYERS WE WANT TO DO, UH, ANY AND EVERYTHING JUST LIKE I SHARED WITH THEM. UH, YOU KNOW, IF I CAN MAKE IT HAPPEN, I'LL MAKE IT HAPPEN FOR THEM. BUT OF COURSE WE HAVE TO RELY ON OUR LEGAL, UH, INTERPRETATION OR THE LEGAL INTERPRETATION OF WHAT THEY HAVE BEEN PRESENTED. UH, AND SO IN THIS PARTICULAR INSTANCE, I'M IN FAVOR OF IT. UH, I WANNA, UH, ALSO, UH, MAKE SURE THAT MR. SIMPERS, UH, WHO WAS A GUEST STILL ON THE PHONE HAS MY DIRECT PHONE NUMBER. I KNOW I GAVE IT TO EVERYBODY THAT WAS IN THE MEETING, UH, WHEREBY WE MET. UH, AND I DON'T KNOW IF YOU WERE IN THAT MEETING AND GOT THAT NUMBER, BUT IT'S EIGHT THREE, TWO EIGHT SIX EIGHT FIVE SIX SIX THREE. UM, I LOOKED THROUGH MY PHONE AND CHECK MY MESSAGES AND I DIDN'T SEE THAT I HAD RECEIVED A PHONE CALL OR A MESSAGE ON THAT NUMBER. SO I DON'T KNOW IF YOU CALL THE CITY OF MISSOURI CITY DIRECTLY, I'M JUST NOT SURE WHERE YOU CALL. SO I CALLED THE CITY OF MISSOURI CITY DIRECTLY. YEAH. AND SO I DON'T WORK. I DON'T WORK AT THE CITY OF MISSOURI CITY. UH, SO I DON'T KNOW WHO AND I LEFT A MESSAGE. YEAH. I DON'T KNOW. I'M NOT, I'M NOT, I'M NOT HURT BY, BY THE, YOU KNOW, THE JUST, YOU KNOW, BUT LET ME JUST SAY ONE THING. WHEN YOU LOOK AT THE PRIVATE STREETS, YOU HAVE TO LOOK AT THEM TWO WAYS. ONE IS THOSE THAT [01:55:01] ARE GATED AND THOSE THAT ARE NOT GAY BECAUSE THE ONES THAT ARE GATED DO PROVIDE MORE SECURITY FOR THE RESIDENTS IN THOSE STREETS ON THOSE STREETS. SO YOU CAN CLASSIFY THEM ALL IN ONE BUCKET. YOU WOULD HAVE TO LOOK AT THEM IN TWO SEPARATE BUCKETS. THE LAST THING I WOULD LIKE TO SAY, MAYOR IS A RELATIVE TO TWO THINGS THAT WERE MENTIONED. I THINK THEY'RE VERY IMPORTANT TO HIGHLIGHT. ONE IS THAT, UH, MR. FONTENEAU MENTIONED THAT I, UH, TOLD THE CITIZENS THAT THEY WOULD HAVE TO BE INVOICED FOR ANY OF THE SERVICES. SO THE RESPONSE TO THAT WAS BASICALLY BASED OFF OF THE WAY THINGS ARE NOW, IF THEY WERE TO REQUEST ANY OF THOSE SERVICES, THAT STAFF WOULD INVOICE THEM FOR THOSE PARTICULAR SERVICES. SO IT WAS A FACTUAL STATEMENT BASED OFF OF THE WAY THINGS CURRENTLY ARE AS THE PROPERTY OR THE AREAS DEEMED PRIVATE. THE SECOND THING WAS ABOUT THE ATTORNEY CONVERSATION. AND SO IT WAS MR. FONTENEAU WHO ACTUALLY THREW OUT, UH, THE THREATS OF A POSSIBLE LAWSUIT, UH, TO THE CITY. AND OF COURSE, I STATED TO THEM THAT, OF COURSE, THAT IS AN OPTION, UH, FOR YOU TO CONSIDER IF YOU, IF YOU DON'T BELIEVE THAT OUR LEGAL INTERPRETATION OR OUR LEGAL DEPARTMENT'S RESPONSE IS SUFFICIENT. UH, YOU'RE NOT AN ATTORNEY AND THERE ARE NO ATTORNEY THAT WERE REPRESENTED OR THERE THAT DAY. SO THE ONLY WAY TO OFFSET OUR LEGAL, UH, INTERPRETATION IS TO HAVE ANOTHER ATTORNEY TO TAKE A LOOK AT IT. AND SO I JUST WANTED TO MAKE SURE I CLEARED THOSE THINGS UP SO THAT THE COMMUNITY AND THE PATIO HOME OWNERS THAT MAY NOT HAVE BEEN PRESENT THAT DAY ARE COMPLETELY AWARE OF WHAT TOOK PLACE. MAY I APPROACH HIM PRESTON? YES. THANK YOU, MAYOR. ON A WORKSHOP. YES, I AM IN FAVOR OF IT. CAN YOU HEAR ME? YES. OKAY. I AM IN FAVOR OF A WORKSHOP AND I AM NOT OPPOSED TO A, STARTING WITH METAL CREEK LOOKING AT MIDDLE CREEK I'M IN ADDITION, LET ME TAKE THIS OPPORTUNITY TO THANK EACH, UM, FOR STEPPING UP AND WALKING BACK, THE COMMENTS THAT WERE MADE EARLIER, I WANT TO REASSURE THE CITIZENS. UM, AND DOES YOU KNOW THAT THEY HAVE THAT FUNDAMENTAL RIGHTS AND WE MAY NOT BE IN FAVOR OR YOU MAKE THAT EVEN LIKE SOMETIMES, BUT BY NO MEANS, CAN WE, UM, TAKE IT PERSONALLY OR TAKE OFFENSE TO IT THOUGH? I WANT TO THANK THE CITIZENS FOR THEIR ENGAGEMENT. AND THANKS FOR COMING BACK AND WELCOME BACK TO THE STATE COUNCIL MEMBER EDWARDS. UM, I AM IN FAVOR OF A WORKSHOP, ALTHOUGH THIS INFORMATION IS A LOT AND IT'S THE FIRST TIME THAT I'M REALLY HEARING BOTH SIDES. UM, I DID SPEAK WITH MR. FINE NOW, BUT AGAIN, THIS IS THE FIRST TIME THAT I'M REALLY HEARING EVERYTHING AND REVIEW THE DOCUMENTS AND ALL SOMEONE WOULD BE ABLE TO REVIEW THE DOCUMENTS THAT ARE PROVIDED TO US LATER ON LIKE AS OF TOMORROW. BUT I BELIEVE A WORKSHOP WOULD GIVE US A BETTER IDEA OF HOW WE CAN MAKE THE BEST DECISION IN THIS WHOLE ENTIRE SITUATION. COUNCIL MEMBER, STERLING. I NEVER PRAYED. UM, I THINK WE OPENED UP A CHANNEL OF WORDS AND WE OPEN UP THE STREETS AND RIGHT THEN ON THIS WILL NOT BE SHARED WITH DRESS, NO COUNCIL MEMBER RUELAS, ABSOLUTELY AMERICAN LET'S, PLEASE HAVE A, A WORKSHOP LET'S SIT DOWN TOGETHER AND FIGURE THIS OUT. UM, IT'S, IT'S GONNA BE A, IT'S GOING TO BE A LARGE PROJECT. IT'S GOING TO COST MONEY. WE'RE GOING TO HAVE TO FIGURE OUT ALL THE BITS AND PIECES AND NOT JUST HERE BUT EVERYWHERE, BUT I'M ALL IN FAVOR. UH, AND I APPRECIATE ALL THOSE WHO CAME FORWARD TO SPEAK OR SPEND THE TIME SO THAT OTHERS COULD SPEAK. THANK YOU. OKAY. SO WE, WE WILL MOVE FORWARD WITH A WORKSHOP. UM, I WILL GET WITH STAFF THIS WEEK AND KIND OF GET AN ESTIMATE ON HOW LONG IT MAY TAKE FOR THEM TO KIND OF PULL ALL THIS TOGETHER. SO WE CAN HAVE A COMPREHENSIVE, JUST KIND OF OVERVIEW AND ALL OUR QUESTIONS THAT WE KINDA, THAT SOME OF US HAVE BECAUSE ALL OF US WEREN'T ENGAGED FROM DAY ONE. UH, SO WE CAN GET THAT INFORMATION. AND AS SOON AS WE CAN NAIL THAT DOWN, GIVE US THIS WEEK, AND MAYBE NEXT WEEK WE WILL GET BACK TO METAL CREEK ON WHEN OUR WORKSHOP IS GOING TO BE. AND THEN AFTER WE HAVE THE WORKSHOP, WE CAN THEN PROBABLY AT THAT POINT SAY, HEY, YOU KNOW, THIS IS HOW WE WOULD LIKE [02:00:01] TO MOVE FORWARD AND, AND GIVE YOU MORE OF A FIRM TIMELINE. AND WITH THAT BEING SAID, IF THERE'S NO MORE QUESTIONS, UM, WE WILL HAVE TO RECESS OUR SPECIAL MEETING, UH, THEY'RE WAY BEHIND ON OUR REGULAR MEETING. AND THEN WE'LL RECONVENE AFTER THE REGULAR MEETING BACK INTO THE SPECIAL MEETING TO MOVE TO THE NEXT AGENDA ITEM. I WANT TO THANK EVERYONE FOR COMING OUT TO SPEAK TODAY, AND WE WILL GET BACK TO YOU ASAP ON WHEN THAT WORKSHOP WILL BE. THANK YOU. THANK YOU. THE TIME IS NOW EIGHT 12. WE WILL RECONVENE BACK INTO THE SPECIAL MEETING AND WE ARE ON AGENDA ITEM TO BE DISCUSSED. CITY CONTRACT PROCESSES AND ADMINISTRATION, ELENA, AND SHANNON MAYOR. UH, THE SPILL ATKINSON. I WAS GOING TO START OFF AND JUST, UH, GIVE YOU SOME BACKGROUND AND REMIND, UH, THIS ITEM CAME BACK AS A RESULT OF OUR MAY 18TH, UH, CITY COUNCIL, SPECIAL MEETING COUNCIL. YOU ASKED AT THAT TIME, I SAT WITH THE DRESS, RESPECT TO THE CONTRACT WITH BRAND ERA, AS WE MOVE FORWARD TO ENSURE THAT SOMETHING LIKE THAT DOESN'T OCCUR AGAIN, UH, TO THAT END, UH, STAFF HAS ALREADY BEGUN DEVELOPING AN ADMINISTRATIVE CONTRACT ADMINISTRATION PROCESS AND PROCEDURE PROCEDURES MANUAL. AND, UH, WE'RE CURRENTLY WORKING ON THAT AND SHOULD HAVE THAT FINALIZED AND ADOPTED BY STAFF AND, AND INCORPORATED SOON. UM, IN ORDER TO PROMOTE A LEARNING ORGANIZATION THAT HAS THE VALUES TO CONTINUOUSLY IMPROVE OUR PROCESSES, WE HAVE DEVELOPED NEW PURSUIT, PROCESS AND PROCEDURES. THE FINANCE DEPARTMENT, AND SPECIFICALLY PURCHASING DIVISION WILL BE, UH, WORKING WITH, UH, STAFF THROUGHOUT THIS PROCESS. AND AGAIN, THAT POLICY WILL COVER FOUR THINGS THAT I MENTIONED TO YOU THE OTHER DAY THAT IS WE'LL BE ESTABLISHING A FINANCE TRAIN THAT WILL PROVIDE, BE FRIED TO ALL WHO ARE PROJECT MANAGERS AND OR DEAL WITH CONTRACTS THROUGHOUT THE ORGANIZATION TO WILL ESTABLISH A CONTRACT INITIATION FORM OR CHECKLIST, WHICH IS IN YOUR PACKET AS A DRAFT COPY OF THAT IS, AND, UH, FINANCE AND PROJECT MANAGEMENT WILL CONTINUE TO MONITOR PAYMENT AND STATUS OF CONTRACTS. THREE, WE'LL BE HOLDING QUARTERLY MEETINGS, UH, AT A MINIMUM WITH DIRECTORS TO REVIEW AND UPDATE AND IDENTIFY ANY ISSUES THAT ARE ESTABLISHED OR THAT COME ABOUT WITH THOSE ESTABLISHED CONTRACTS AND, UH, FOR MORE ESTABLISHED, INNER TALK, DEPARTMENTAL RELATIONS AND ONGOING COMMUNICATIONS. UH, AND I WILL SAY, UH, IN THE CASE OF A BRAND AIR, THEY REALLY CAME DOWN TO BEING A COMMUNICATION ISSUE WHERE A PART OF THE PROCESS OR THOSE INVOLVED PART OF THE PROCESS BELIEVED THAT THIS WAS A RATIFICATION. WHEREAS, UH, WE HAD CONVEYED TO YOU AT THAT COUNCIL MEETING AND SOUGHT A, AN APPROVAL. AND SO THAT IN MY OPINION IS WHAT, UH, OCCURRED HERE. AND WE WILL MAKE SURE THAT THE COMMUNICATIONS ARE BETTER IN THAT. I THINK THE CHECKLIST WILL ALSO HELP IN MITIGATING SOMETHING LIKE THAT IN FUTURE. SO WITH THAT, UM, I'LL TURN IT OVER TO LENA AND SHE CAN CARRY OFF IN THERE SPECIFICALLY ABOUT WHAT WE'RE DOING. THANK YOU. THANK YOU, BILL. GOOD EVENING, MAYOR AND COUNCIL. UH, SO TONIGHT I'M GOING TO PROVIDE A, UH, OVERVIEW OF SOME OF OUR POLICIES AND PROCEDURES AND PROCESSES RELATED TO CONTRACTS AND PAYMENTS. AND THEN I'LL PROVIDE A LITTLE MORE INFORMATION ABOUT OUR CONTRACT ADMINISTRATION MANUAL AND HOW OUR PROCESSES ARE GOING TO CHANGE. UH, NEXT SLIDE. SO, UH, SOME OF THE EXISTING POLICIES AND PROCEDURES, UH, ARE NOTED ON THIS SLIDE. WE HAVE OUR PROCUREMENT POLICY, WE HAVE A PROJECT DELIVERY PROCESS THAT DEALS WITH CONSTRUCTION, AND THEN WE HAVE THE NEW CONTRACT ADMINISTRATION MANUAL. THESE ARE ALL ADMINISTRATIVE POLICIES AND PROCEDURES DEALING WITH PROCUREMENT IN THE AREAS OF CONTRACTS. FIRST, UH, THE PROCUREMENT POLICY. IT COVERS THE WHAT BASICALLY WHAT WE MUST DO, AND IT REFERS TO THE TEXAS LOCAL GOVERNMENT CODE. AND, UH, SOME OF THE REQUIREMENTS WHEN IT COMES TO PROCUREMENT FOR MUNICIPALITY, UH, THIS, THIS DOCUMENT, UH, ALSO INCLUDES INFORMATION ON SOLICITATION METHODS, SPECIFICATIONS, UH, CONTRACT MODIFICATION AND TERMINATION AND, UH, LEGAL REQUIREMENTS, INCLUDING THE PROMPT PAYMENT ACT. UH, THE SECOND, UH, ITEM IS THE PROJECT DELIVERY PROCESS. AGAIN, IT'S CONSTRUCTION-RELATED, AND YOU WILL CAN FIND THIS IN THE CAPITAL IMPROVEMENT PLAN. THAT'S INCLUDED IN THE ANNUAL BUDGET DOCUMENT. THIS, UH, THIS, UH, PROCEDURE INCLUDES A QUALIFICATION BASED SELECTION, UH, THE PROCESS FOR DESIGN AND CONSTRUCTION BID, UH, CONSTRUCTION AND PERFORMANCE MONITORING DURING PROJECT COMPLETION AND WARRANTIES. AND LASTLY, WE HAVE THE NEW CONTRACT ADMINISTRATION MANUAL, [02:05:01] WHICH IS THE, I WILL SAY IS THE HOW, UM, IT INCLUDES ITEMS SUCH AS ONCE THE CONTRACT IS DEVELOPED, STARTING HAVING A STARTUP CONFERENCE WHERE YOU MEET WITH THE VENDOR AND STAFF. AND, UH, THE MANUAL INCLUDES HOW TO PREPARE FOR THE MEETING. WHAT ARE SOME OF THE AGENDA ITEMS THAT SHOULD BE DISCUSSED? IT ALSO INCLUDES DEVELOPING A CONTRACT ADMINISTRATION PLAN, WHICH ENSURES A COMMON UNDERSTANDING BETWEEN THE CONTRACTOR AND THE DEPARTMENT WHEN IT COMES TO OBLIGATIONS AND RESPONSIBILITIES, AND ALSO HAS INFORMATION DEALING WITH, UH, HOW TO ACCEPT GOODS AND PERFORMANCE WITH SERVICES, INCLUDING HOW TO INSPECT THINGS THAT YOU RECEIVE. AND WE ALSO HAVE A, HOW TO REVIEW INVOICES, MORE INFORMATION ON, UH, CHANGE MANAGEMENT, DEALING WITH, UH, CONTRACT CHANGES, UH, DISPUTE RESOLUTION, AND ALSO PERFORMANCE MONITORING. NEXT SLIDE. I KNOW WHEN WE SPOKE LAST, WE HAD TALKED ABOUT THE, UH, PAYMENT PROCESS AND REVIEW, AND I JUST WANT IT TO PROVIDE A LITTLE MORE INFORMATION WHEN IT COMES TO OUR PROCESS WITHIN TYLER MUNIS, WHEN IT COMES TO REQUISITION AND PAYMENT PROCESSING, UH, THIS IS, UH, AFTER A CONTRACT IS WRITTEN AND EXECUTED. AND AS YOU KNOW, TECHNOLOGY PLAYS A MAJOR ROLE IN THE PROCUREMENT PROCESS. UM, SO A DEPARTMENT REPRESENTATIVE, THEY ENTER A REQUISITION INTO TYLER MUNIS, WHICH HAS, UH, EMBEDDED IN IT, UH, ELECTRONIC WORKFLOW OR ANY ITEMS REQUESTED, UH, UP TO 3000 CAN BE APPROVED BY A DIVISION MANAGER UP TO 7,000 AND ASSISTANT DIRECTOR, 15,000, A DIRECTOR 25,000 ASSISTANT CITY MANAGER AND ABOVE 25,000, THE CITY MANAGER. SO THIS IS THE ELECTRONIC WORKFLOW. OF COURSE, ANYTHING THAT'S OVER $50,000 WOULD HAVE BEEN APPROVED BY CITY COUNCIL PRIOR TO THE ELECTRONIC WORKFLOW OCCURRING. ONCE THE REQUISITION RECEIVES ALL OF THE APPROPRIATE APPROVALS, A PURCHASE ORDER IS ISSUED BY THE PURCHASING AND RISK MANAGER AT THAT TIME, FUNDS ARE ENCUMBERED, MEANING WE'RE, WE'RE OBLIGATING SOME OF OUR, UH, BUDGET IN ORDER TO PAY THAT EXPENDITURE. AND A COPY OF THE PURCHASE ORDER IS SENT TO THE VENDOR. ONCE WE RECEIVE SERVICES, OR IF IT'S COMMODITIES, WE RECEIVE RECEIVING DOCUMENTS INSIDE OF MAYBE A BOX THAT HAS SOME OF THE SUPPLIES. AND IT'S A DEPARTMENT REPRESENTATIVE IS RESPONSIBLE FOR COMPLETING THE RECEIVING FUNCTION AND TYLER, WHICH BASICALLY STATES THAT WE HAVE RECEIVED THIS. I VERIFIED IT, AND IT IS GOOD TO PAY. INVOICES ARE SENT TO OUR ACCOUNTS PAYABLE DEPARTMENT. AND ONCE THE ACCOUNTS PAYABLE DEPARTMENT RECEIVES NOTIFICATION OF THE RECEIVING ACTION, THEN THE RECEIVING, UH, INFORMATION ALONG WITH THE INVOICE IS USED TO MAKE PAYMENT AGAINST THE PURCHASE ORDER, WHICH THEN RELEASES THE ENCUMBRANCE AND RECORDS THE EXPENSE. AND OF COURSE, WHEN IT COMES TO PAYMENT, WE HAVE A PROCESS WITHIN THE FINANCIAL SERVICES DEPARTMENT WHERE WE HAVE AN ACCOUNTS PAYABLE, A TECHNICIAN WHO'S INPUTTING BATCHES, AND IT'S LATER REVIEWED BY THE ACCOUNTING MANAGER AND VARIOUS OTHER INDIVIDUALS PRIOR TO ACTUALLY RELEASING PAYMENTS. NEXT SLIDE. OKAY. SO NOW FOR CONTRACT ADMINISTRATION, THANK YOU. UH, THE FOCUS OF CONTRACT ADMINISTRATION IS BASICALLY ACHIEVING STATED GOALS AND OBJECTIVES THROUGH CONTRACT PERFORMANCE, AND IT INVOLVES RECEIVING A QUALITY PRODUCT ON TIME AND WITHIN BUDGET. SO WE'VE CREATED A CONTRACT ADMINISTRATION MANUAL, UH, WITH THE GOAL OF TRAINING STAFF, AS BILL STATED ON THE APPROPRIATE DISCHARGE OF THEIR DUTIES DURING THE LIFE OF A CONTRACT, THE MANUAL COVERS THE FOLLOWING COMPONENTS. FIRSTLY, I HAVE OVERSIGHT, WHICH INCLUDES THE CONCEPT OF A CONTRACT ADMINISTRATION TEAM, WHERE OUR RESPONSIBILITIES, UH, ARE IDENTIFIED. AND THOSE THAT ARE RESPONSIBLE ARE IDENTIFIED. IT COVERS REVIEW OF WORK, UH, WHICH IS BASICALLY CONFIRMING THAT THE WORK HAS BEEN PERFORMED IN ACCORDANCE WITH SPECIFICATIONS AND THE CONTRACT LANGUAGE PROGRESS MONITORING IS MONITORING INSPECTION AND ACCEPTANCE INVOICE PROCESSING, REVIEWING, AND APPROVING INVOICES CHANGE MANAGEMENT, WHICH IS MANAGING CHANGES TO THE CONTRACT TO INCLUDE CHANGE ORDERS, MODIFICATIONS, AMENDMENTS, TERMINATIONS, DOCUMENTATION, AND FALLING, UM, REFERS TO AN OFFICIAL CONTRACT FILE THAT DOCUMENTS ALL OF THE ACTIONS THAT HAVE BEEN TAKEN FOR THAT CONTRACT. ALSO PERFORMANCE REVIEWS AND HOW TO REVIEW CONTRACTOR PERFORMANCE AND ADDRESS A PERFORMANCE DEFICIENCIES, AND THEN CONTRACT CLOSE OUT. I WAS JUST CLOSING OUT THE CONTRACT FILE AND SOFT SERVICES OF PRODUCTS HAVE BEEN RECEIVED NEXT TIME, AS STATED, UH, INCLUDED IN YOUR PACKET WAS THE TIMELINE, UH, THAT WAS REQUESTED AT THE LAST MEETING REGARDING THE BRAND ERA CONTRACT. AND JUST TO SUMMARIZE IN THIS INSTANCE, UM, WORK WAS CONTINUED AFTER [02:10:01] THE CONTRACT EXPIRATION DATE RESULTING IN AN UNAUTHORIZED PAYMENT THAT WAS, UH, LATER PARTIALLY REFUNDED. AND, UH, THE BALANCE WAS RATIFIED BY COUNCIL, UH, AND LOOKING AT WHAT OCCURRED WITH THIS CONTRACT, IT BROUGHT TO LIGHT A POTENTIAL GAPS WITHIN THE CONTRACT ADMINISTRATION PROCESS. UH, SO I WILL, UH, NEXT SHOW YOU IN THOSE ITEMS THAT WE TALKED ABOUT ON THE LAST SLIDE, WHAT WE'RE DOING, UM, FOR THOSE, UH, GAPS OR ATTEMPTING TO CLOSE THOSE GAPS, AND THAT'S THREE AREAS, PROGRESS MONITORING. SO PROGRESS MONITORING, WHICH IS PROVIDING THE APPROPRIATE LEVELS OF MONITORING INSPECTION, ACCEPTANCE OF SUBSCRIBING THE CONTRACT. UM, WE ARE GOING TO DO ENHANCE REPORTING TO INCLUDE THE MONITORING OF EXPIRATION DATES AND SPEND, UH, THE WAY THAT WE ARE GOING TO DO THIS IS BY IMPLEMENTING PHASE TWO OF OUR TYLER MUNIS CONTRACT MODULE. WE ARE CURRENTLY USING IT AS A DEPOSITORY, AND NOW WE ARE GOING TO USE IT TO INCLUDE ALL INFORMATION, INCLUDING ENCUMBERING THE FUNDS WITHIN TYLER MUNIS. WE ARE ABLE TO DEFINE MILESTONES WITH DATES. WE'RE ALSO ABLE TO KEEP TRACK OF PERFORMANCE MONITORING. UH, WE'LL ALSO HAVE CONTRACT ADMINISTRATION TEAMS, WHICH WILL INCLUDE OPERATIONAL ADMINISTRATIVE STAFF AND, UH, PURCHASING, UH, AND, AND THE THERE'LL BE A DESIGNATION LETTER THAT DEFINES THE AUTHORITY OF ALL THE INDIVIDUALS ON THE TEAM. SO, UM, THE EMPLOYEES WILL UNDERSTAND WHAT THEY HAVE THE AUTHORITY TO, TO COMPLETE. YES, YES. MA'AM. THIS IS MAYOR FOR SORRY TO INTERRUPT YOU, BUT I DIDN'T WANT YOU TO GET TOO FAR. UM, UM, SO WHEN SOMEONE, IF THERE'S A CONTRACT, UM, DO YOU ENCUMBER THE AMOUNT OF THAT CONTRACT AHEAD OF TIME? HAVE WE DONE THAT IN THE PAST? ARE YOU SAYING YOU GOT TO START DOING THAT? NO. SO CURRENTLY, UH, IF THERE IS A CONTRACT, WE USE THE PURCHASE ORDER MODULE. OKAY. SO, SO THE CONTRACTS ATTACHED TO, TO THE REQUISITION, UH, IN THE CONTRACT MODULE, IT'S DIFFERENT WHERE YOU'RE, YOU'RE ENCUMBERING WHEN YOU ENTER THE CONTRACT. YEAH. OKAY. SO WE DON'T KNOW WE ARE ENCUMBERING THE FUNDS. IT'S JUST A DIFFERENT MANNER ON WHICH TO DO IT, WHERE IN THE CONTRACT MODULE YOU CAN PUT IN A TOTAL CONTRACT AMOUNT AND IT'LL IT'LL TRACK THE PERCENTAGE SPINS. OKAY. YEAH. THE CON THE CONTRACT MODULE, YOU CAN ENCUMBER MULTI-YEAR CONTRACTS. OKAY. YEAH. AND THAT'S, THAT'S HOW I WAS USED TO DOING IT AT THE CITY OF HOUSTON. WHEN WE HAVE PROJECTS, IF THE PROJECT WAS TWO POINT $5 MILLION, WE ENCUMBERED THAT AMOUNT. AND WE JUST DREW DOWN THAT TO ENSURE THAT YOU DIDN'T GO OVER THAT CONTRACT PRICE. RIGHT. AND SO THAT'S WHAT THE CONTRACT, THAT'S WHAT THE CONTRACT MODULE WILL ALLOW US TO DO. WE'LL BE ABLE TO ENCUMBER IT OVER THE ENTIRE LIFE OF THE CONTRACT CURRENTLY WITH THE PURCHASE ORDER MODULE. WE JUST ATTEMPT TO ENCUMBER THE AMOUNT THAT WILL BE SPENT WITHIN THAT BUDGET YEAR. OKAY. OKAY. GO AHEAD. YOU DON'T HAVE A FULL AMOUNT IN THERE. OKAY. THANK YOU. OKAY, YOU'RE WELCOME. OKAY. UH, INVOICE PROCESSING, UH, IS ANOTHER AREA AND OF COURSE, WITH THE TYLER MUNIS CONTRACT MODULE, WHICH, UH, WE'RE ANTICIPATING HAVING IN PLACE, UH, BY FISCAL YEAR 2021, WHICH IS OCTOBER ONE, UM, IT'LL, IT'LL ASSIST IN, UM, MANAGING THE SPEND AGAIN. AND OF COURSE WE'LL HAVE STAFF TRAINING TO ENSURE THAT THEY KNOW EXACTLY HOW TO REVIEW THE INVOICES AND HOW TO APPROPRIATELY TRACK SPEND VERSUS, YOU KNOW, THE AMOUNT OF TIME LEFT ON THE, AND THE WORK TO BE COMPLETED. THE OTHER AREA WAS IN CHANGE MANAGEMENT. UM, AS BILL STATED, UH, WE'RE GOING TO HAVE A CONTRACT INITIATION REVISION FORM THAT CLEARLY DOCUMENTS THE PROCESS OF WRITING THE CONTRACT AND IDENTIFIES THE CONTRACT TERMS, THE IDENTIFIED PROJECT MANAGER, THE FUNDING SOURCE, UM, THE TYPE OF PAYMENT, WHETHER OR NOT IT'S AN HOURLY, OR IF IT'S BASED ON MOUSE STONES. ALSO THE SELECTION PROCESS, UH, ALSO INCLUDED IS AN INDEPENDENT CONTRACTOR VERSUS EMPLOYEE REVIEW. UH, THERE MAY BE CONTRACTS SUCH AS, YOU KNOW, MAYBE IN PARKS AND RECREATION OR PR OR, OR CONTRACTS WITH INDIVIDUALS THAT WE NEED TO MAKE SURE, UM, THEY AREN'T REALLY CLASSIFIED AS PART TIME EMPLOYEES BASED ON THE AMOUNT OF CONTROL THAT WE HAVE OVER THEIR WORK OR THEIR WORK PRODUCT. UM, AND ALSO WE'LL CONTINUE WITH THE REPORTING. UH, BILL MENTIONED THAT WE'RE GOING TO HAVE QUARTERLY MEETINGS WHERE WE TALK ABOUT CONTRACTS, BUT WE'RE ALSO GOING TO BE CREATING REPORTS FROM TYLER MUNIS THAT SHOWS ALL OF THE EXPIRATION DATES AND PROVIDE THAT INFORMATION TO THE DEPARTMENTS TO BE PROACTIVE, UH, UH, MONTHS PRIOR TO A CONTRACT, UM, EXPIRING TO, TO ASK IF WE'RE GOING TO EITHER, YOU KNOW, RENEW THE CONTRACT OR, UM, IF IT WILL BE TERMINATED AT THE END OF THE PERIOD. UH, NEXT SLIDE PLEASE. OKAY. SO THIS JUST SHOWS, UH, WHERE WE ARE INSERTING THESE NEW PROCESSES. UH, WE HAVE CURRENTLY, OF COURSE, THE [02:15:01] SOLICITATION, WHICH FOLLOWS OUR PROCUREMENT POLICY, UH, AFTER A VENDOR IS SELECTED. UH, WE ARE GOING TO, OF COURSE WE DRAFT THE CONTRACT NOW, BUT WE'RE GOING TO MAKE IT MORE FORMAL WITH THE CONTRACT INITIATION FORM THAN THE TRA THE CONTRACT WILL BE DRAFTED, UH, EXECUTED AND FILED. UH, THE CONTRACTS WERE FILED IN MULTIPLE PLACES. THEY'RE FILED WITH THE CITY SECRETARY AND, UH, QUESTIONS AND ALSO FILED IN PROCUREMENT. WE HAVE, UH, WHAT WE CALL THE OFFICIAL, UH, CONTRACT FILE IN OUR SHARED DRIVE, BUT WE'LL ALSO HAVE THAT, UH, FILE INCLUDED IN, UH, TYLER MUNIS, THE CONTRACT INCLUDED IN TYLER MUNIS, WHERE WE'LL ENCUMBER THE CONTRACT USING THE CONTRACT MODULE. SO THAT IS THE NEW STEP IS USING THE CONTRACT MODULE TO ENCUMBER FUNDS. AND THEN OF COURSE, A CONTRACT ADMINISTRATION, NOT THAT CONTRACT ADMINISTRATION ISN'T BEING DONE NOW, UM, ESPECIALLY, YOU KNOW, WHEN YOU LOOK AT THE PROJECT DELIVERY PROCESS, UH, WITH, UM, UH, CONSTRUCTION, I THINK WE'RE STRONG IN THE CONSTRUCTION AREA. IT MAY BE MORE OF THE PROFESSIONAL SERVICES, UH, THE OTHER TYPES OF CONTRACTS WHERE, UH, WE DEFINITELY NEED TO, UH, UH, TRAIN STAFF. SO THE CONTRACT ADMINISTRATION MANUAL IS GOING TO BE USED TO DO THAT. UM, AND OF COURSE, UH, WE'LL HAVE THE CONTRACT ADMINISTRATION TEAMS AND THEIR ROLES AND RESPONSIBILITIES WILL BE OUTLINED, UH, THROUGH CONTRACT CLOSE OUTS. AND I BELIEVE THAT ENDS THE PRESENTATION. ARE THERE ANY QUESTIONS YOU HAVE ANY QUESTIONS FOR ELENA? OKAY. I'M NOT HEARING ANY, WE WILL MOVE ON TO THE NEXT ITEM. THANK YOU. THANK YOU. DISCUSSING CONSIDER THE PROCUREMENT OF LEGAL SERVICES FOR POTENTIAL CIVIL SERVICE MATTERS. YOU JOYCE. GOOD EVENING AGAIN, MAYOR AND COUNCIL. THIS IS YOUR CITY ATTORNEY. UM, BACK IN JANUARY, THE CITY RECEIVED A PETITION TO ADOPT CHAPTER ONE 43 OF THE TEXAS LOCAL GOVERNMENT CODE, WHICH PROVIDES FOR THE PERMANENT EMPLOYMENT OF POLICE AND FIREFIGHTERS UNDER THE STATE OF CIVIL SERVICE LAW. AT THAT TIME, THE CITY RETAINED THE COUNSEL OF A LAW FIRM OUT OF THE SAN ANTONIO AREA, JUST FOR A BRIEF ONE DAY TRAINING, AS WE DRAW CLOSER TO THE ELECTION, WHICH WAS POSTPONED DUE TO THE COVID, UH, INCIDENT, THE, UH, STAFF HAS JUST LOOKING FOR DIRECTION FROM COUNCIL AS TO WHETHER OR NOT THERE IS A DESIRE TO RETAIN COUNSEL FOR SERVICES RELATED TO CIVIL SERVICE ON A MORE CONSISTENT BASIS. AS YOU WILL KNOW, THE PURCHASING PROCESS TAKES ABOUT 30 TO 90 DAYS. THEREFORE, IF THERE IS A DESIRE TO SECURE ADDITIONAL OUTSIDE COUNSEL, SPECIFICALLY FOR CIVIL SERVICE MATTERS, WE WANTED TO GO AHEAD AND GET A SOLICITATION OUT THERE THAT, UH, YOU ALL COULD START GOING THROUGH THAT PROCESS WITH THAT. I'M HAPPY TO ANSWER ANY ADDITIONAL QUESTIONS. ARE THERE ANY QUESTIONS WHERE ARE YOU JOYCE? SO DID WE KNOW AN APPROXIMATE OF THE COST DJS, OR IS IT JUST GOING TO DEPEND ON HOW MUCH WE, OF COURSE USE THE PERSON TO BE KIND OF HAPPY AROUND? YES, MA'AM IT WOULD BE, IT WOULD BE ON AN AS NEEDED BASIS. SO DEPENDING ON HOW MUCH THE CITY UTILIZES THE OUTSIDE COUNSEL THAT WOULD DICTATE THE PRICE, UM, JUST BASED ON OUR EXISTING OUTSIDE COUNSEL CONTRACT, ONE OF OUR LEAST EXPENSIVE CONTRACTS WITH ABOUT $175 AN HOUR, SOME OF OUR MOST EXPENSIVE ONE THAT RELATES TO VERY SPECIFIC AREAS CAN BE AS MUCH AS THREE 50 OR HIGHER. SO IT JUST DEPENDS ON HOW MUCH AND REALLY THE TYPE OF INDIVIDUAL THAT YOU WILL LOOK LIKE TO SEE. OKAY. IT MIGHT BE MORE EXPENSIVE TO HAVE SOMEONE WHO IS A SPECIALIST, BUT THEN AGAIN, I APOLOGIZE, ONE MORE THING, BUT THEN AGAIN, IF THEY REPRESENT MULTIPLE CITIES, THEY MIGHT NOT BE AS EXPENSIVE BECAUSE THEY HAVE MULTIPLE CLIENT DAYS, BUT YES, I BELIEVE, YES, THIS IS COUNCIL MEMBER PRESTON. THANK YOU. CAN YOU PROVIDE SOME EXAMPLES AS TO THE KIND OF SITUATIONS WHERE WE WOULD NEED TO GET THE LEGAL REPRESENTATION? YEAH. SO FOR EXAMPLE, UNDER THE, UH, CIVIL SERVICE LAW, UM, THE, UH, CERTAIN, UH, IF THERE'S A DISPUTE WITH DISCIPLINE OR SOMETHING LIKE THAT, THE OFFICER MIGHT, UH, ELECT TO HAVE ARBITRATION OR SOME OTHER FORM OF, UH, [02:20:01] TO BASICALLY GO THROUGH THE DISCIPLINARY PROCESS OR TO ADJUDICATE THE DISCIPLINARY PROCESS. IN THAT INSTANCE, THE CITY MIGHT WANT, UM, OUTSIDE COUNSEL TO REPRESENT THE CITY, UM, IN THE ARBITRATION PROCESS. ADDITIONALLY, UM, AT THE VERY BEGINNING, AS YOU'LL KNOW IF THE PROCESS THERE HAS TO BE, UH, A KIND OF NEGOTIATION OF CERTAIN TERMS AND RULES FOR THE COMMISSION THAT IS SELECTED, YOU MIGHT WANT SOMEONE WHO HAS NEGOTIATED THE RULES FOR OTHER COMMISSIONS IN THE STATE OF TEXAS TO KIND OF LEAD THAT FORMULATION OF THE CITY'S RULES. IF, AND THIS IS ALL REALLY CONTINGENT UPON THE ADOPTION OF THE, THE LAW. SO IT'S QUITE POSSIBLE THAT VOTERS IN NOVEMBER WILL DECIDE THAT THEY DO NOT WANT TO HAVE A CIVIL SERVICE, UH, SITUATION IN MISSOURI CITY. UH, BUT IF THEY DO MY RECOMMENDATION IS THAT WE SHOULD BE PREPARED IF THEY DO AND HAVE SOMEONE ON CALL. THANK YOU, SIR. ARE THERE ANY OTHER QUESTIONS FOR YOU, JOYCE? THANK YOU FOR THAT. THANK YOU. IS THERE A, SHOULD I BRING THIS BACK OR IS THERE A DESIRE NOT TO MOVE FORWARD OR, UM, REALLY, I JUST WANTED TO FIND OUT WHAT YOU WILL DESIRE. UM, I THINK IT, IN MY OPINION, IF WE DON'T HAVE AN EXPERT ON STAFF, I THINK THIS IS SOMETHING THAT WE DO ABSOLUTELY NEED SOMEONE THERE THAT WHEN WE HAVE THOSE QUESTIONS OR ANYTHING WE NEED TO REFER TO, WE HAVE THAT PERSON AVAILABLE. I THINK THERE WAS SOMEONE WHO WON. GO AHEAD. I WAS JUST GOING TO SAY THAT I AGREE WITH THAT. AND, UH, WE WOULD, UH, REALLY HOPE THAT YOU WOULD DO THAT AND WE COULD DO THAT AND MOVE FORWARD WITH IT. OKAY. I'M NOT HEARING ANY OTHER OPPOSITION, SO, UH, YES, GO AHEAD AND MOVE FORWARD. OKAY. THANK YOU. NEXT ITEM IS CONSIDERING DISCUSSED THE CITY'S BOARDS, COMMITTEES, COMMISSION MEMBERS APPOINTMENTS, AND REAPPOINTMENTS MARIA, THE CITY COUNCIL. THIS IS MARIA. I'M HERE TO PROVIDE YOU WITH AN UPDATE. UH, SINCE I LAST CITY COUNCIL MEETING STARTED IN THE BOARD'S COMMITTEE AND COMMISSION MEMBER APPOINTMENTS, AND REAPPOINTMENTS, UM, INCLUDING THE REQUEST FROM THE LAST MEETING FOR THE ATTENDANCE LOG AND A FEW NEW MEMBERS THAT WE HAVE OUT SINCE THAT LAST MEETING. NEXT SLIDE. AS YOU REMEMBER FROM THE COMMUNITY DEVELOPMENT ADVISORY COMMITTEE, WE HAVE TWO MEMBERS WHOSE TERMS ARE EXPIRING UNIT'S WRITER AND MISS EMILIA BROWN, AND BOTH OF THEM AGREED TO CONTINUE SERVING NEXT LEG. HERE IS THE ATTENDANCE LAW FROM 2004, 2019. NEXT SLIDE FOR THE COMMUNITY DEVELOPMENT ADVISORY BOARD. NEXT SLIDE. AND THIS IS THE MEETINGS FOR THIS YEAR IN 2020, NEXT SLIDE. AND WE HAVE SEVEN NEW CANDIDATE APPLICATIONS. SO WHO ARE INTERESTED IN SERVING THE COMMITTEE. NEXT SLIDE FOR THE CONSTRUCTION BOARD OF ADJUSTMENT APPEALS. WE HAVE THREE, A C WHOSE TERM WILL BE EXPIRING JUNE 30TH OF THIS YEAR. WHEN A POSITION ONE GEORGIE JOHNSON AGREED TO CONTINUE SERVING POSITION TO ROGER MORRIS. WE STILL HAVE NOT YET RECEIVED A RESPONSE FROM HIM AND WE HAVE A VACANT POSITION FOR THE ALTERNATE SEAT. NEXT SLIDE. HERE'S THE ATTENDANCE LOGS FOR 2019. UM, THE MEETINGS FOR THE CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS ARE HELD AS NEEDED. NEXT SLIDE. AND THERE HAVEN'T BEEN ANY MEETINGS THIS YEAR, AND WE HAVE TWO NEW APPLICATIONS FOR CANDIDATES WHO WISH TO BE CONSIDERED FOR THE BOARD, UH, WILLIAM, UH, BILL CRONIN AND MATT. MONTACUTE THE THIRD NEXT SLIDE FOR THE ELECTRICAL BOARD. WE HAVE ONE POSITION, UM, AND HE, UH, MR. CHARLES JARVIS FOR POSITION TWO, AND HE AGREED TO CONTINUE SERVING NEXT SLIDE. AND THERE HAVE NOT BEEN ANY ELECTRICAL BOARD MEETINGS FOR 2019 OR 2020. SO WE HAVE, UH, ONE NEW CANDIDATE WHO WOULD LIKE TO BE CONSIDERED, UH, BILL CRONIN. NEXT SLIDE. FOR THE PARKS FOR, WE HAVE A FEW POSITIONS, UM, WHOSE TERMS WILL BE EXPIRING THIS YEAR. UH, THE MAJORITY OF THEM AGREED TO CONTINUE SERVING THOMAS JOHNSON, MARY ROSS, UH, BRIAN MERCHANT, DON JOHNSON, AND BUDDY SNYDER, ALL AGREED TO CONTINUE SERVING AND MISS SHARMANE. MS. GILBERT OUT DID NOT, UH, OR WISH TO NO LONGER CONTINUE HER SERVICE ON THE BOARD AFTER THIS TERM. NEXT SLIDE. HERE'S THE ATTENDANCE LAWS FOR 2019. UM, AND THEN NEXT SLIDE, PLEASE. THIS IS THE ATTENDANCE LOG FOR THIS YEAR. [02:25:01] NEXT SLIDE. UH, WE HAVE QUITE AN QUITE A FEW PEOPLE THAT ARE INTERESTED IN SERVING FOR THE PARKS, WHERE WE HAVE 12 CANDIDATES. NEXT SLIDE FOR THE PLANNING AND ZONING COMMISSION. THERE WASN'T UPDATE TO THIS ONE. UM, THE LAST TIME THIS WAS PRESENTED TO JAMES NORCOM, UM, HE STATED THAT HE DID NOT WANT TO BE, UH, HE DIDN'T WANT TO RE UH, TO SERVE AGAIN, FOLLOWING THE END OF HIS TERM. BUT SINCE THAT TIME I NOTIFIED THE CITY, I THINK IT WAS LAST WEEK THAT HE DOES WANT TO CONTINUE HIS SERVICE, BUT AT THIS TIME ALL OF THE PLANNING AND ZONING COMMISSION MEMBERS WOULD LIKE TO CONTINUE SERVING SHOULD COUNCIL LIKE TO KEEP THEM ON NEXT SLIDE. HERE'S THE ATTENDANCE LOG FOR THEIR TERM FROM STARTING JUNE, 2018 TO JUNE, 2019. UH, WE HAVE, UH, QUITE A FEW PEOPLE HERE THAT WERE NEW, UH, FOR POSITION ONE AND FOR POSITION AID AND ROUTES. AND THERE WAS A VACANCY FOR POSITION EIGHT, UH, NEXT SLIDE. AND HERE'S THE ATTENDANCE LOGS FOR THIS CURRENT TERM FOR JULY, 2019 TO JUNE, 2020. NEXT SLIDE. AND WE HAVE, UH, SIX CANDIDATES WHO, UH, NEW CANDIDATES WHO WOULD LIKE TO BE CONSIDERED FOR THE PLANNING AND ZONING COMMISSION AND ONE CURRENT CANDIDATE, MR. QUE, UH, BRIGHTWELL, UH, WHO IS THE CURRENT PLANNING AND ZONING COMMISSION MEMBER WHO SUBMITTED HIS APPLICATION TO CONTINUE HIS SERVICE. HIS TERM EXPIRES JUNE 30TH OF 2021. NEXT SLIDE, THE ZONING BOARD OF ADJUSTMENT APPEALS AGAIN, MR. ROGER MORRIS, UH, HE DID NOT PROVIDE IT. HE HAS NOT PROVIDED THE CITY WITH THEIR RESPONSE ON WHETHER OR NOT HE WOULD LIKE TO CONTINUE HIS SERVICE, BUT, AND IT'S POINT MISSING PRINGLE, MS. UH, CLEO, THE ALGORITHM IS SHARON TO RICA. ALL AGREE TO CONTINUE THEIR SERVICE. NEXT SLIDE AND HERE IS THE ATTENDANCE LOG FOR 2019. UM, THEY HELD THREE MEETINGS AND THE MEETINGS ARE HELD AS NEEDED. NEXT SLIDE. WE HAVE TWO APPLICANTS FOR THE ZONING BOARD OF ADJUSTMENT APPEALS. UH, MR. WILLIAMS, BLUE, HER AND MAX. MONTACUTE THE THIRD NEXT SLIDE FOR THE TAX INCREMENT REINVESTMENT ZONE. WE HAVE ONE VACANCY FOR POSITION THREE. THE TERM EXPIRES DECEMBER 31ST OF 2021. NEXT SLIDE. AND WE HAVE TWO CANDIDATES FOR THE TAX INCREMENT REINVESTMENT ZONE. NUMBER THREE BOARD, UH, KAREN OVERTON, MS. KAREN OVERTON AND MS. CLAIRE, UH, SHAZZIE UH, CHATEAU WALLAH. NEXT SLIDE. NEXT SLIDE. OKAY. THIS IS JUST A MAP OF A TAX INCREMENT REINVESTMENT ZONES. NEXT WE HAVE THEM AS OUR CITY PARKS FOUNDATION. WE HAVE ONE, TWO, THREE, FOUR, FIVE, SIX, SO THEY CAN SEE, OR I'M SORRY. WE HAVE THREE VACANCIES AND THREE POSITIONS WHOSE TIME WHO WILL NO LONGER REQUEST THE NEXT TO CONTINUE THEIR SERVICE AFTER THEIR TERM EXPIRES THIS YEAR. UH, NEXT SLIDE AND THEN IT'S THE ATTENDANCE LAW FOR 2019 FOR THE PARKS CLIMATE FOUNDATION. NEXT SLIDE IS THE ATTENDANCE LIST FOR 2020 NEXT SLIDE. AND THE CITY DOES NOT HAVE ANY NEW APPLICATIONS TO BE CONSIDERED FOR THEM AS OUR CITY PARKS FOUNDATION. UM, NEXT WE HAVE A CHARTER REVIEW COMMISSION. WE HAVE 13 APPLICATIONS TO BE CONSIDERED FOR THE CHARTER REVIEW COMMISSION, AND I'VE PUT IN HERE OF A FEW RECOMMENDATIONS FROM CITY COUNCIL AND SOME OUT APPLICATIONS OF CANNABIS WHO WOULD LIKE TO BE CONSIDERED AS WELL. NEXT SLIDE. NEXT SLIDE. THE LAST SLIDE IS, IS JUST A PREVIOUS CHARTER REVIEW COMMISSION MEMBERS IS IF AN IN THE EVENT YOU WANTED TO HAVE, UH, A HISTORY OF WHO HAS PREVIOUSLY SERVED ON THE CHARGE, WHATEVER YOU COMMISSION THAT'S, WHAT THE LAST SLIDE WAS. I'M NOT SURE WE CAN GET THERE OR NOT. THERE, THERE WE GO. THANK YOU GUYS. SO, UH, I'M READY TO MOVE FORWARD AS HOW, HOW CITY COUNCIL WOULD LIKE TO DIRECT. UM, I'M NOT SURE HOW, IF YOU WANT TO INTERVIEW, I'M HERE TO MOVE FORWARD. HOWEVER, COUNSEL WANTS TO MOVE FORWARD. THANK YOU, MAYOR AND COUNCIL, AND FOR THOSE INDIVIDUALS WHO CONTINUE TO SERVE AND WHO HAVE T ISN'T, I THINK WE SHOULD ALLOW OTHER PEOPLE TO HAVE AN OPPORTUNITY. UM, THAT'S, THAT'S WHY I'M STANDING AT THIS POINT. OKAY. SO I GUESS IF WE WANT TO START MARIA OR DOUG, CAN YOU GO TO THE VERY FIRST [02:30:01] BORED AND WE CAN, WE'RE JUST GOING TO HAVE TO GO THROUGH EACH BOARD OR IS THERE A DESIRE TO GO AHEAD AND INTERVIEW THESE PEOPLE FIRST AND THEN APPOINT THEM? OKAY. GO TO THE MOST RECENT MAYOR. THIS IS ANTHONY. MOST RECENTLY WE'VE DONE INTERVIEWS. AND SO, UM, YEAH, THOUGHT WE WOULD STAY WITH THAT. UM, I'M OKAY WITH THAT. I DIDN'T HEAR HI. I'M ABSOLUTELY OKAY WITH THAT. UM, YEAH. SO DO WE WANT TO SET, I CAN SET A MEETING, UM, SO WE CAN JUST DO INTERVIEWS SINCE IT WILL BE A, YOU KNOW, TAKE A WHILE. I DON'T WANT TO COMBINE IT WITH OUR REGULAR MEETING CAUSE WE'LL BE, YOU KNOW, IN A COUNCIL MEETING TILL MIDNIGHT, IF NOT LATER. SO, UM, I CAN GO AHEAD AND HAVE MARIA SET A MEETING TO INTERVIEW ALL THE CANDIDATES, UH, THE NEW CANDIDATES AT A MINIMUM. UM, AND THEN WE CAN GO FROM THERE. IS THAT THE DESIRE OF THE COUNCIL? UM, I THINK THAT THE CURRENT MEMBERS WHO DO DESIRE TO CONTINUE TO SERVE, UM, SHOULD ACTUALLY HAVE A CHANCE TO INTERVIEW AS WELL, JUST SO WE CAN SEE, YOU KNOW, IF THEY STILL GOING IN THE DIRECTION OF SERVING THE PURPOSE OF WHAT THE ACTUAL COMMITTEE OR, OKAY. SO THERE'S THREE. ANY ANYBODY ELSE WANT TO WEIGH IN? I'M SUPPORTIVE OF THE INTERVIEWING THE NEW CANDIDATES. ALRIGHTY, WE GOT GOTTA, WE GOT A MAJORITY HERE. SO MARIA, UM, CAN WE SET UP, UM, A DAY AND TIME TO GET EVERYBODY AND TO INTERVIEW? UM, AND THEN WE'LL GO FROM THERE AND APPOINT PEOPLE AT THE NEXT MEETING. I FOLLOW A MAN MARIA, BEFORE WE MOVE ON. DID YOU HAVE ANY APPLICANTS FOR THE PARKS FOUNDATION? I SAW THE VACANCIES, BUT IT KIND OF WENT FAST. DO WE HAVE APPLICANTS FOR THAT? I KNOW THAT. YEAH. WE SEE IF REPEAT ANY APPLICATIONS NOW, SIR. OKAY. SO MAYOR WISH AFTER WE INTERVIEW, MAYBE PERHAPS THOSE THAT DON'T MAKE IT THROUGH THIS, UH, WE COULD PERHAPS RECOMMEND THEY LOOK AT THAT AS AN OPTION AS WELL. IT SEEMS LIKE WE HAVE A LOT OF INTERESTED PARTIES AND WE COULD DEFINITELY USE SOME HELP ON OUR PARKS FOUNDATION. ABSOLUTELY. ALRIGHTY, WELL, MARIA, GO AHEAD AND GET THAT SCHEDULED AND LET US KNOW. AND WE WILL INTERVIEW THOSE PEOPLE AND GET THEM APPOINTED. GOT IT. THANK YOU. UH HUH. THANK YOU. AND I BELIEVE THAT IS THE END OF OUR AGENDA. JOYCE, DO WE HAVE EXECUTIVE SESSION? HEY JOYCE. OH, YOU JOINED EXECUTIVE SESSION. CAN YOU HEAR ME? CAN YOU ALL HEAR ME? YES. OKAY. [5. ADJOURN] NO, THERE'S NO EXECUTIVE SESSION. OKAY. ALRIGHTY. WELL WE ARE JOHN. THANK YOU. THANK YOU. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.