[00:00:01]
[1. CALL TO ORDER]
THIS IS MAYOR FORD.I CALL THIS MEETING TO ORDER AT 5:30 PM AND STATE THAT THE NOTES, THE NOTICE OF THE SPECIAL CITY COUNCIL MEETING WAS DULY POSTED.
THERE WILL NOW BE A ROLL CALL OF CITY COUNCIL.
AS I CALL YOUR NAME, PLEASE STATE HERE AT PRESENT MAYOR PRO TEM PRESTON PRESENT COUNCIL MEMBER EDWARDS ORDER PM IS COUNCIL MEMBER BONEY COUNCIL MEMBER MEROLA'S.
THERE WILL NOW BE A ROLL CALL OF CITY COUNCIL AND COUNCIL MEMBER MEROLA'S PRESENT MAYOR PRO TEM COUNCIL MEMBER EMORY COUNCIL.
DOUG IS COUNCIL MEMBER WILL LISTEN ON THE LINE ORDER.
THERE WILL NOW BE A ROLL CALL OF CITY STAFF AND MEETING PRESENTERS.
AS I CALL YOUR NAME, PLEASE STATE HERE.
PRESENT INTERIM CITY MANAGER, BILL ATKINSON, COUNCIL, BILL ATKINSON, COUNCIL MEMBER, ASSISTANT CITY MANAGER OF LAND MARTEL LANDMARK.
CITY ATTORNEY JOYCE EMO AS OUR COUNTY CITY, SECRETARY MARIA JACKSON COMMUNICATION.
STACEY WALKER, THE CITY MANAGER, LEAH, MY ASSISTANT CITY ATTORNEY CITY ATTORNEY JAMES SANTA ANGELA DIRECTOR OF PUBLIC WORKS CITY ENGINEER SHASHI KUMAR PRESENT ASSISTANT DIRECTOR OF PUBLIC WORKS.
CLIFFORD BROOKHART, DIRECTOR OF HUMAN RESOURCES AND ORGANIZATIONAL DEVELOPMENT.
MARTIN ROSS MARTIN, DIRECTOR OF ECONOMIC DEVELOPMENT, JOELLE
IS THERE ANYONE ELSE PRESENT THAT I DID NOT CALL YOUR NAME? I RECOGNIZE RESOURCES AND ORGANIZATIONAL DEVELOPMENT.
ANYONE ELSE? MAYOR? MARTIN RUSSELL IS HERE.
THERE'S A LOT OF FEEDBACK OR LOOPING.
THE MESSAGE KEEPS COMING OUT SEVERAL TIMES.
I DON'T KNOW IF ANYONE ELSE CAN HEAR IT, BUT THAT'S WHAT I'M HEARING THE SAME MESSAGE OVER AND OVER AGAIN.
DOUG, ARE YOU GETTING FEEDBACK FROM ME? I AM NOT, BUT I'LL CHECK JUST TO SHASHI KUMAR.
I WAS GETTING IT TO, I THINK SOMEBODY HAS TO BE ON MUTE.
I THINK WE'RE HEARING IT BACK AGAIN AGAIN.
WELL BEFORE WE'LL GIVE DOUG A SECOND TO, I GUESS, CHECK THE LINES.
UH, DOUG, JUST LET ME KNOW WHEN TO MOVE FORWARD AND WE'LL START WITH DISCUSSION ITEM TWO.
ANYONE HAS THE, UH, LIVE STREAM ON, ON THEIR BROWSER.
PLEASE SHUT DOWN THE BROWSER, BUT I'LL KEEP CHECKING.
[(a) Discuss the enforcement of certain laws on private streets and the operational cost of accepting certain private streets.]
WITH A DISCUSSION ITEM, TWO EIGHT, DISCUSS THE ENFORCEMENT OF CERTAIN LAWS ON PRIVATE STREETS AND THE OPERATIONAL COSTS OF ACCEPTING CERTAIN, CERTAIN PRIVATE STREETS.WE HAVE JANE SANTE, ANGELO SHASHI, KUMAR, AND CLIFFORD
AND WE DO HAVE FIVE PEOPLE WHO ARE HERE TO SPEAK.
SO ONCE THE PRESENTATION IS DONE, I WILL LET THOSE FIVE CITIZENS SPEAK.
[00:05:01]
AHEAD, JAMES.UH, GOOD EVENING, MAYOR AND COUNCIL.
I HOPE YOU ALL HAD A WONDERFUL HOLIDAY WEEKEND.
SO I'M GONNA START THIS PRESENTATION OFF AND SOME OF THE INFORMATION WILL BE SIMILAR TO WHAT I PRESENTED TO THIS BODY ON JUNE 1ST.
UM, IF YOU'LL GO TO THE NEXT SLIDE, PLEASE.
I'M SORRY, THEN THE NEXT ONE AS WELL.
THE, UH, THIS PRESENTATION HITS ON THE STRATEGIC GOAL OF, UM, UH, ENCOURAGING DEVELOPMENT THROUGH BUILD OUT, UM, AND SIMILAR TO WHAT WAS PRESENTED TO PREVIOUSLY.
UH, WE'RE GOING, AT LEAST THE LEGAL PORTION OF THE PRESENTATION IS GOING TO REVISIT A CRITERIA REGARDING WHETHER A STREET IN THE CITY IS PUBLIC OR PRIVATE.
UH, WE'LL RECAP, WHAT CITY SERVICES CAN BE PERFORMED ON PRIVATE STREETS AND ALSO CLARIFY A FEW THINGS THAT WERE BROUGHT UP, UH, THE LAST TIME THIS CAME BEFORE YOU.
AND THEN FINALLY WE'LL SPEAK SPECIFICALLY ABOUT MEADOW CREEK SECTION FOUR, AND ALSO PROVIDE SOME RECOMMENDATIONS, UH, IN LIGHT OF WHAT'S BEEN PRESENTED.
IF YOU'LL GO TO THE NEXT SLIDE, PLEASE.
SO REAL QUICKLY, AND I'LL TRY TO BE AS BRIEF AS POSSIBLE WITH RESPECT TO INFORMATION THAT'S BEEN PRESENTED TO YOU ALREADY.
UH, BUT IF YOU'LL RECALL LAST TIME, UM, I PRESENTED CERTAIN, CERTAIN WAYS AND TIPS YOU CAN, UM, ANALYZE WHETHER A STREET IN THE CITY IS PUBLIC OR PRIVATE.
UH, THE FIRST THING YOU CAN DO IS LOOK FOR A SPECIFIC DESIGNATION OF PRIVATE STREETS AND A PLAT.
YOU CAN ALSO LOOK AT PLAT LANGUAGE, UM, THAT IS EITHER A PUBLIC DEDICATION OR SAYS THAT, UM, STREETS ARE PRIVATE AND FOR THE BENEFIT OF THE PROPERTY OWNERS THEY'RE IN.
UM, BUT IT'S IMPORTANT TO REMEMBER THAT, UM, THIS ISN'T NECESSARILY JUST BECAUSE A STREET OR A PIECE OF PROPERTY AND DEDICATED TO THE CITY IN PLATT LANGUAGE OR IN A PLAT, UH, THAT DOESN'T CONSTITUTE ACCEPTANCE ON THE CITY'S PART.
THE CITY STILL NEEDS TO DO A PERFORMANCE DUTY IN, UH, PROVING RES UH, RESIDENTIAL PLANTS, UH, SUBDIVISION PLATS.
UM, SO THE CITY WOULD HAVE TO EITHER ACCEPT A PUBLIC DEDICATION BY FORMAL DOCUMENT OR, UM, ENTER, USE YOUR IMPROVE, UH, BASICALLY MAINTAIN, UM, A PIECE OF PROPERTY THAT'S BEEN DEDICATED TO THE PUBLIC IN ORDER TO ACCEPT IT, THE PLATTE LANGUAGE ISN'T ENOUGH.
AND WE TOUCHED ON THAT LAST TIME, YOU COULD ALSO LOOK FOR, UM, LANGUAGE AND OTHER DOCUMENTS.
SOMETIMES AN EASEMENT WILL BE GRANTED.
UM, SOMETIMES THERE WILL BE AN ASSESSMENT OF DUES IN DEED RESTRICTIONS THAT, UM, TEND TO INDICATE THAT A STREET IS PRIVATE.
IF THE ASSOCIATION IS MAINTAINING IT, UM, AS WELL AS, UM, AS WELL AS OTHER LANGUAGE IN THE DEED RESTRICTION THAT, UM, WOULD INDICATE THAT, UM, AGAIN, I BROUGHT UP LAST TIME BRIEFLY THE FACT THAT A PRIVATE STREET CAN'T BE OBSTRUCTED BY A LOCKED GATE.
SO GATED COMMUNITIES MUST CONSISTENT PRIVATE STREETS.
ANOTHER THING, UM, YOU CAN LOOK AT IS OBSERVING WHETHER STREETS HAVE BEEN BUILT TO PUBLIC INFRASTRUCTURE STANDARDS, AND I WILL GIVE A BRIEF RECAP ON THAT IN A FEW MINUTES.
AND THEN FINALLY, UM, OFTEN YOU CAN LOOK AT CITY RECORDS, SUCH AS PLANNING AND ZONING COMMISSION MINUTES, CITY COUNCIL, MINUTES THAT TEND TO INDICATE, UM, THE DEVELOPER'S INTENT AS TO WHETHER A STREETS IN A PARTICULAR SUBDIVISION OR A SPECIFIC AREA OF THE CITY IS PUBLIC OR PRIVATE.
WE GO TO THE NEXT SLIDE, PLEASE.
AND THEN THERE ARE ALSO, UM, CERTAIN AUTHORITIES THAT ADDRESS PRIVATE STREETS GENERALLY.
UH, ONE IS THE, THE TEXAS ATTORNEY GENERAL'S OFFICE.
THERE ARE A NUMBER OF OPINIONS THAT THEY'VE PROVIDED OVER THE YEARS THAT REALLY MORE SPEAK TO WHAT CITY AND COUNTY GOVERNMENTS CAN AND CAN'T DO ON PUBLIC AND PRIVATE STREETS.
UH, JUST TO THROW OUT A FEW, UH, EXAMPLES THAT I KIND OF TOUCHED ON IN CONTEXT, UH, BACK IN ON JUNE 1ST, UH, THERE'S AN ATTORNEY GENERAL OPINION THAT SAYS THAT A
[00:10:01]
COUNTY COMMISSIONER'S COURT CAN'T MAINTAIN A PRIVATE STREET, EVEN THOUGH THEY CONSTITUTE SCHOOL BUS ROUTES.THERE'S ANOTHER ATTORNEY GENERAL OPINION THAT, UH, STATES THAT CITY, UM, LAW ENFORCEMENT, UH, LIKE A CITY POLICE DEPARTMENT CAN ENFORCE CERTAIN RULES OF THE ROAD ON PRIVATE STREETS.
AND AGAIN, AS I'VE MENTIONED, THERE'S AN ATTORNEY GENERAL OPINION THAT SAYS IF A PUBLIC STREET CAN'T BE OBSTRUCTED BY A LOCKED GATE.
UM, SO, SO THEY'VE SPOKEN TO THAT.
UM, ANOTHER AUTHORITY THAT COULD DETERMINE WHETHER A STREET IS PUBLIC OR PRIVATE WOULD BE A COURT OF COMPETENT JURISDICTION.
UM, AND THAT WOULD MOST LIKELY COME UP IF THE CITY WERE CHALLENGED IN COURT, UH, REGARDING A PUB, UM, PUBLIC OR PRIVATE STREET, UM, THERE COULD BE A DECLARATORY JUDGMENT, WHICH BASICALLY IS A, THE COURT'S OPINION THAT DECLARES THE RIGHT STATUS AND OTHER LEGAL RELATIONS OF A PIECE OF PROPERTY OR SOME OTHER SUBJECT MATTER.
UM, SO BASICALLY THAT'S NOT MONEY DAMAGES.
IT'S BASICALLY A COURT SAYING DECLARING THAT A STREET IS PUBLIC WHEN, WHEN IT'S PRIVATE AND VICE VERSA.
UM, AND THAT LANGUAGE ABOUT WHAT A DECLARATORY JUDGMENT HAS COMES FROM THE TEXAS CIVIL PRACTICE AND REMEDIES CODE.
YOU PLEASE ADVANCE TO THE NEXT SLIDE.
AND NOW I'M GOING TO SHIFT GEARS.
WE TALKED ABOUT WAYS TO LOOK OF WHETHER A CITY STREET IS PUBLIC OR PRIVATE.
UM, IF YOU'LL RECALL, WE ALSO TALKED ABOUT CITY SERVICES AND A LOT OF TIMES AN INFORMAL EASEMENT WILL BE GRANTS OR MAYBE EVEN A EASEMENT, UH, DEPENDING ON WHAT'S IN THE REAL PROPERTY RECORD, UH, WOULD BE GRANTED TO THE CITY, UH, TO ALLOW ENTRY ONTO PRIVATE STREETS FOR CERTAIN PURPOSES.
UH, ONE EXAMPLE IS, AND I, SINCE, UH, THIS SEEMS TO BE THE, UH, THE AREA OF CONTENTION, I USED THE LANGUAGE AND THE DEED RESTRICTIONS OF MEADOW CREEK, SECTION FOUR, WHERE, UM, THEY SAY THAT POLICE FIRE PROTECTION AMBULANCE, AND ALL SIMILAR PERSONS CAN, UH, COME ONTO THEIR STREETS IN ORDER TO PERFORM CITY SERVICES.
UM, AND WE CAN DO THAT WITHOUT NECESSARILY TAKING OWNERSHIP OR POSSESSION OF THOSE STREETS.
SO THAT'S FOR THE NEXT SLIDE, PLEASE.
UM, I WANT TO TOUCH ON SOMETHING THAT WAS BRIEFLY COVERED.
UH, THE LAST TIME THIS WAS PRESENTED, UH, PRESENTED TO YOU ALL.
UM, I KNOW THERE WERE A FEW QUESTIONS ABOUT LAW ENFORCEMENT ON PRIVATE PROPERTY, UH, WITH RESPECT TO PRIVATE STREETS.
AND THEN I WANTED TO CLARIFY THAT BECAUSE, UM, I DIDN'T WANT TO GIVE THE IMPRESSION THAT MOST LAWS CAN'T BE ENFORCED ON PRIVATE PROPERTY.
UM, I'VE ACTUALLY GONE THROUGH BOTH THE CITY CODE AND THE VARIOUS STATE CODES AND STATUTES, UM, AND PROVIDED TO YOU IN YOUR PACKET, KIND OF A, A CHEAT SHEET REGARDING WHAT CRIMINAL OFFENSES CAN BE ENFORCED ON PRIVATE PROPERTY VERSUS THE LAWS THAT CAN BE ENFORCED ON PUBLIC PROPERTY ONLY.
AND THIS IS A BRIEF SUMMARY OF THAT INFORMATION, BUT, UM, YOU KNOW, IF YOU'LL LOOK AT THAT DOCUMENT AS WELL AS WHAT'S BEING PRESENTED TO YOU THIS EVENING, UM, I THINK I CAN SAY THAT MOST LAWS CAN BE ENFORCED IN EITHER PUBLIC OR PRIVATE PROPERTY.
AND, UH, JUST TO GIVE YOU AN EXAMPLE, SOME EXAMPLES, MOST OFFENSIVE IN THE HEALTH AND SAFETY CODE AND THE ALCOHOLIC BEVERAGE CODE RELATING TO CONTROLLED SUBSTANCES AND OTHER DRUGS, ALCOHOL AND TOBACCO, UH, CAN BE ENFORCED ON A PRIVATE PREMISES AS WELL AS PUBLIC PLACES.
UM, ALMOST ALL OF THE VIOLATIONS IN THE TEXAS PENAL CODE, WHICH CONTAINS MOST OF THE STATE CRIMINAL STATUTES, UM, CAN BE ENFORCED ON PRIVATE PROPERTY AS WELL AS PUBLIC PROPERTY.
AND THAT INCLUDES ASSAULTIVE OFFENSES LIKE, UH, HOMICIDE, UM, AND OTHER TYPES OF ASSAULT, ARSON, BURGLARY, ROBBERY, UH, GRAFFITI AND CRIMINAL MISCHIEF, RESISTING ARREST, PROSTITUTION OFFENSES INVOLVING WEAPONS OR ILLEGAL, UH, OFFICIAL MISCONDUCT AND OTHER PENAL CODE VIOLATIONS WITH RESPECT TO THE TRANSPORTATION
[00:15:01]
CODE.UM, THERE ARE SOME OFFENSES INVOLVING VEHICLE REGISTRATION, DRIVER'S LICENSE AND LICENSES AND LICENSE PLATES THAT CAN, UM, IT ACTUALLY DOESN'T SAY WHETHER OR NOT THEY COULD BE ENFORCED ON, UM, PUBLIC OR PRIVATE ROADS.
UM, SO, YOU KNOW, ABSENT THAT, I THINK YOU CAN PROBABLY ENFORCE THOSE ON BOTH.
UM, AND THEN THERE ARE, UH, VIOLATIONS OF THE CITY CODE, WHICH, UM, MADE IT KIND OF MAKES SENSE THAT THOSE CAN BE ENFORCED ON PRIVATE PROPERTY SINCE A LOT OF THOSE OFFENSES RELATE TO PROPERTY MAINTENANCE.
UM, YOU KNOW, WE HAVE ANIMAL, UH, CARE, UH, REGULATIONS RELATING TO ANIMAL CARE AND CONTROL, YOU KNOW, WHICH OFTEN OCCURS AT RESIDENCES, UM, OFFENSES THAT RELATE TO BUSINESSES LIKE MASSAGE ESTABLISHMENTS, HOTELS, PAWN SHOPS, UM, AND A FEW, A FOOD ESTABLISHMENT AND A FEW OTHER, UM, REGULATIONS, WHICH WOULD BE AT PRIVATE BUSINESSES, MOST LIKELY, UM, THINGS LIKE HIGH GRASS, UM, THE ACCUMULATION OF GARBAGE AND OTHER, UM, PROPERTY MAINTENANCE VIOLATIONS THAT OCCUR, UM, EITHER ON COMMERCIAL OR RESIDENTIAL, PRIVATE PROPERTY OR OFFENSES DEALING WITH SOLID WASTE.
UM, SO A NUMBER OF THOSE AND A CITY CODE VIOLATIONS, ESPECIALLY THE ONES THAT ARE MOST OFTEN ENFORCED ARE, UM, THOSE THAT HAVE TO DO WITH PUBLIC AND PRIVATE PROPERTY, UH, BOTH.
AND THEN, SO THAT LEAVES US WITH A FEW EXAMPLES OF LAWS THAT CAN BE ENFORCED, UH, ONLY IN PUBLIC PLACES.
UM, AND, UH, I'M SORRY, THAT SHOULD SAY PUBLIC STREETS, BUT THESE ARE LAWS THAT COULD BE ENFORCED ON PUBLIC STREETS AND PUBLIC PROPERTY ONLY, UM, MOST FORMS OF DISORDERLY CONDUCT SINCE THEY ARE, UH, DISRUPTIONS OF THE PUBLIC ORDER.
OFTENTIMES THAT CARRIES LANGUAGE THAT SAYS, UM, THEY CAN ONLY BE ENFORCED IN A PUBLIC PLACE OR ON PUBLIC PROPERTY.
AND THEN, UM, MOST OF THE RULES OF THE ROAD TYPE OFFENSES, IT'S A SPECIFIC SUBTITLE IN THE TRANSPORTATION CODE.
UM, THEY DEAL WITH THE MOVEMENT AND OPERATION OF VEHICLES AND VEHICLE EQUIPMENT.
UM, THOSE THERE'S ACTUALLY A GENERAL PROVISION IN THAT SUBTITLE THAT SAYS, UNLESS THE SPECIFIC SECTION SAYS OTHERWISE THESE ARE, UM, VIOLATIONS THAT CAN ONLY BE ENFORCED ON PUBLIC STREET OR HIGHWAYS, I THINK IS THE LANGUAGE THAT THEY USE.
SO THESE ARE THINGS LIKE, UM, FOLLOWING THE INSTRUCTIONS FOR DRIVING ON A LANE ROAD, UM, OBSERVING TRAFFIC CONTROL DEVICES LIKE YIELD SIGNS AND RED LIGHTS AND THINGS LIKE THAT.
UH, SPEEDING CERTAINLY FALLS INTO THAT CATEGORY.
UM, THOSE OFFICES THAT INVOLVE THE OPERATION OF MOVEMENT OF VEHICLES ARE TYPICALLY ABLE TO BE ENFORCED ON PUBLIC STREETS OR HIGHWAYS ONLY, AND THEN CERTAIN EQUIPMENT VIOLATIONS.
WHAT COMES TO MIND MOST OFTEN ARE, UH, YOU KNOW, DEFECTIVE TAIL LIGHTS OR BRAKE LIGHTS OR, UM, YOU KNOW, THINGS LIKE THAT.
UM, SO AGAIN, I THINK A KEY TAKEAWAY FOR THIS IS THAT MOST CRIMINAL LAWS CAN BE ENFORCED IN BOTH PUBLIC AND PRIVATE PLACES.
UM, AND YOU KNOW, SOME OF THE ONES I'VE PROVIDED HERE ARE KIND OF THE HEAVY HITTER OFFENSES, UH, BUT THERE ARE OTHERS.
AND, UM, FOR THE MOST PART, UM, THE ONES THAT CAN ONLY BE ENFORCED ON PUBLIC PLACES OR IN PUBLIC STREETS ARE, UH, AGAIN, OFFENSES THAT DISRUPT PUBLIC ORDER AND THEN, UH, CERTAIN TRAFFIC OFFENSES.
UM, IF YOU GO TO THE NEXT SLIDE, PLEASE, I THINK, UH, THAT CONCLUDES THE DISCUSSION ON LAW ENFORCEMENT.
SO I WANT TO TURN NOW TO SOMETHING ELSE THAT WAS PRESENTED, UM, ON JUNE 1ST.
AND THAT IS THE ANALYSIS THAT CITY STAFF HAS CONDUCTED ON A MEADOW CREEK SECTION FOUR, WHICH IS THE, UH, SUBDIVISION THAT WAS BROUGHT TO THE CITY COUNCIL'S ATTENTION.
UM, AS I SAID, IN A PREVIOUS, UM, PRESENTATION, DESPITE THE LANGUAGE IN THE PLAT THAT, UH, DEDICATES CERTAIN STREETS TO THE PUBLIC, THE CITY HASN'T ACCEPTED THAT DEDICATION
[00:20:01]
EITHER BY FORMAL DOCUMENT OR BY ENTRY USE OR IMPROVEMENT, UH, WITH RESPECT TO THE, THE SECTION FOUR STREETS, UH, THE DEED RESTRICTIONS.AND I PROVIDED EXAMPLES LAST TIME, THEY STATE THAT THE ASSOCIATION IS RESPONSIBLE FOR PRIVATE STREETS AND ALLOWS, UH, DO AS ASSESSMENT FOR THAT PURPOSE.
AND IT ALSO GRANTS AN EASEMENT FOR CERTAIN CITY SERVICES.
UM, THERE'S EVIDENCE THAT SUGGEST STREETS WERE NOT BUILT TO STANDARDS WHEN THE LAND WAS DEVELOPED.
AND THOSE ARE LARGELY THE SAME STANDARDS THAT ARE IN EFFECT TODAY.
AND, UM, WE'VE PROVIDED EXAMPLES IN YOUR COUNCIL PACKET THAT PHOTOGRAPHS OF, UM, UH, STREETS THAT DON'T HAVE THE, THE CURB AND GUTTER CONSTRUCTION THAT'S REQUIRED.
UM, IT'S GOT SPEED BUMPS THAT ARE DISALLOWED BY THE PUBLIC INFRASTRUCTURE DESIGN MANUAL.
UM, IT'S GOT, UH, NONSTANDARD STREET SIGNS AND A FEW OTHER FEATURES.
UH, THE WIDTH OF THE ROADWAY I BELIEVE, UM, IS AN ISSUE.
UH, SO MULTIPLE EXAMPLES OF CHARACTERISTICS OF THE STREETS THAT DON'T COMPORT WITH THE, UM, THE CITY STANDARDS THAT WERE IN PLACE, BOTH IN THE EARLY SEVENTIES WHEN THE LAND WAS FIRST DEVELOPED AND IS CARRIED THROUGH THE PRESENT DAY.
AND THEN FINALLY THE CITY'S PRESENTED, UM, COUNCIL MINUTES FROM A 1982 REGULAR MEETING, UH, WHICH STATES THAT THE COUNCIL DID INDEED VOTE UNANIMOUSLY TO, UH, KEEP THE STREETS PRIVATE WHEN THE ASSOCIATION CAME TO COUNCIL REQUESTING THAT, UH, THE CITY, UM, MAINTAIN THEM SO THAT THEY'D BE MADE PUBLIC.
UM, AND THAT, LIKE I SAID, I, I PRESENTED THAT SAME INFORMATION ON JUNE 1ST.
UM, AND IT'S AN OPINION THAT, UM, I CERTAINLY STAND BY, I THINK, ANYTHING CONTRARY TO THAT, UM, IS A MISAPPLICATION OF STATE LAW AND THE DOCUMENTARY EVIDENCE THAT WAS PROVIDED TO YOU.
UH, THE CITY, CERTAINLY IN THIS CASE, WOULDN'T HAVE THE BURDEN OF PRODUCING EVIDENCE THAT WOULD, UH, VITIATE OR NULLIFY CERTAIN PLATT LANGUAGE.
AND IN FACT, THE LAW THAT'S BEEN PRESENTED TO YOU SAYS THAT, UM, THE CITY DOES HAVE THAT PROTECTION OF, UM, BASICALLY NOT CONSIDERING PLATT LANGUAGE EFFECTIVE UNTIL THE CITY TAKES ACTIONS TO, AGAIN, EITHER, UM, APPROPRIATE THAT STREET BY USE OR IMPROVEMENT, OR TO ACCEPT IT FORMALLY.
AND, UM, IT'S MY OPINION THAT THE CITY HASN'T DONE THAT IN THE, WITH RESPECT TO THE STREETS IN METAL CREEK, SECTION FOUR, YOU'LL GO TO THE NEXT SLIDE, PLEASE.
UM, THIS IS, UH, A NEW, SOME NEW INFORMATION THAT I DIDN'T PRESENT TO YOU PREVIOUSLY, BUT THIS IS JUST KIND OF LOOKING FORWARD, UM, ABOUT WHAT COUNCIL AT WHAT, WHAT THE CITY COUNCIL CAN DO AND PROVIDE SOME RECOMMENDATIONS FOR, UM, FULFILLING THE WISHES OF COUNCIL.
UM, AS I'VE SAID, THE STREETS AND MEADOW CREEK SECTION FOUR, I'VE ALWAYS BEEN CONSIDERED PRIVATE BY CITY.
AND, UM, WE PRESENTED, WE PRESENTED, UM, AMPLE EVIDENCE TO THE COUNCIL THAT THEY ARE INDEED PRIVATE, BUT, UM, THE CITY COUNCIL CAN CERTAINLY EITHER NOT TAKE ANY ACTION AND MAINTAIN THE STATUS QUO, MEANING THAT THE STREETS ARE PRIVATE.
UM, IT COULD VOTE AS IT DID IN 1982 TO, UH, CONTINUE TO CONSIDER THE STREETS PRIVATE STREETS, OR IF IT'S THE DESIRE OF COUNCIL EITHER TONIGHT OR IN THE FUTURE, IT CERTAINLY DOES HAVE THE OPTION TO START MAINTAINING THE PRIVATE STREETS.
UH, THEY WILL NO LONGER BE PRIVATE STREETS.
THEY WOULD THEN BECOME PUBLIC STREETS.
BUT, UM, LIKE I SAID, I WANTED TO PROVIDE SOME RECOMMENDATIONS.
GENERALLY THE TEXAS CONSTITUTION STATES THAT, UM, A POLITICAL SUBDIVISION, LIKE THE CITY OF MISSOURI CITY, WHEN THEY PIVOTED FROM EITHER LENDING CREDIT OR PUBLIC MONEY OR SOMETHING OF VALUE TO A PRIVATE INDIVIDUAL OR ASSOCIATION THAT'S IN ARTICLE THREE, SECTION 50, TWO OF THE TEXAS
[00:25:01]
CONSTITUTION, BASICALLY IT MEANS YOU CAN'T, UM, THE CITY CAN'T BENEFIT A PRIVATE PARTY WITHOUT DECLARING A PUBLIC PURPOSE.SO, UM, LIKE I SAID, THE CITY COUNCIL COULD CERTAINLY VOTE TO, UM, MAINTAIN OR REPAIR THE STREETS IN MEADOW CREEK, BUT TO MAKE THAT DETERMINATION WOULD BE KINDA TO AGREE TO REPAIR THE STREET IN PERPETUITY.
UM, MEANING WE TAKE OVER MAINTENANCE OF THE STREET, BUT IF THE COUNCIL WANTS TO DO THAT, THEN MY RECOMMENDATION WOULD CERTAINLY BE TO, UH, PASS A RESOLUTION OR OTHER AUTHORIZING ACTION BY COUNCIL THAT WOULD DECLARE A PUBLIC PURPOSE IN, UM, MAINTAINING THOSE STREETS.
UM, BECAUSE AS I SAID, THE TEXAS CONSTITUTION PREVENTS A CITY FROM BENEFITING A PRIVATE PARTY WITHOUT DECLARING A PUBLIC PURPOSE.
AND THEN MY SECOND RECOMMENDATION WOULD BE TO, UM, IF THE COUNCIL DOES DOWN THE ROAD OR WHATEVER, UH, DECIDE TO MAINTAIN A PRIVATE STREET.
IN A CERTAIN INSTANCE, I WOULD CERTAINLY RECOMMEND CREATING A POLICY THAT, UH, ADDRESSES A CRITERIA FOR MAINTAINING PRIVATE STREETS AND FOLLOW THAT, UM, POLICY, UH, VERY CLOSELY, UH, THE REASON BEING, IT WOULD BE HARD TO JUSTIFY BASICALLY TAKING OVER RESPONSIBILITY FOR SOME PRIVATE STREETS AND NOT OTHERS IN THE CITY.
I THINK YOU WOULD NEED A REALLY ROBUST, UM, POLICY THAT STAFF WOULD HAVE INPUT ON THAT.
UM, YOU KNOW, BASICALLY JUSTIFIES AND CREATES CRITERIA FOR WHICH STREETS GET MAINTAINED BY THE CITY AND WHICH MAY NOT.
BUT, UM, LIKE I SAID, IT WOULD HAVE TO, UM, FOLLOW, FOLLOW CLEAR GUIDELINES.
SO I WOULD CERTAINLY RECOMMEND DOING THAT BEFORE ANY ACTION IS TAKEN TO MAINTAIN ANY PRIVATE PROPERTY.
SO THOSE ARE MY RECOMMENDATIONS FROM A LEGAL STANDPOINT.
UM, I'M KIND OF LEADING SHASHI AND PUBLIC WORKS IN AND CLIFF, UH, AT THIS POINT TO TALK ABOUT KIND OF THE TECHNICAL MANDATES THAT WOULD BE REQUIRED OF THE CITY AND THE, UM, COST CONSIDERATIONS THAT WOULD BE INVOLVED IN TAKING OVER A PRIVATE STREET.
SO, UM, WITHOUT ANY FURTHER DELAY, I WILL HAND THE TORCH OVER TO SEASSI TO CONTINUE THE PRESENTATION.
GOOD EVENING, MAYOR AND COUNCIL.
I JUST WANT TO MAKE SURE YOU'RE ABLE TO HEAR ME.
VERY GOOD MAYOR AND COUNCIL, AND ALSO JOINED BY CLIFF BROHARD ASSISTANT DIRECTOR OF PUBLIC WORKS.
HE HAS DIRECT OVERSIGHT OR STREETS AND DRAINAGE, AND HE WILL AID ME IN THIS PRESENTATION AS WELL.
UM, OUR FOCUS WILL BE ON THE EVALUATION OF THESE TREAT INFRASTRUCTURE HERE, UH, SPECIFICALLY WITHIN MEADOWCREEK SECTION FOUR.
NOW SPECIFICALLY, WE'LL FOCUS ON THESE ITEMS. WHAT ARE OUR CURRENT SPRITZ CANDIDATES, AT LEAST THE MAIN KEY ISSUES AND WHAT DEVIATION THAT EXISTS TODAY HERE IN METAL CREEK, SECTION FOUR, SPECIFICALLY CREEKWAY CIRCLE AND OTHER SITES STREETS THAT TIED TO THE STREET.
NEXT WE'LL LOOK AT WHAT IT WOULD COST TO RECONSTRUCT THE STREET.
UH, AND, UH, WITHIN THAT WE'LL LOOK INTO, CAN WE REALLY RECONSTRUCT THE STREET BACK TO CURRENT STANDARDS? CAN IT OR CANNOT BE, AND THEN WE'LL LOOK AT, UH, WHAT THE, UH, ANNUAL MAINTENANCE COST WILL BE.
SHOULD THE CITY TAKE OVER THIS TO MAINTAIN THE STREET? AND ANOTHER THING WE WANTED TO LEAVE WITH YOU ALSO IS THE IMPLICATION CITYWIDE, UH, AS MAYOR AND COUNCIL UNDERSTANDS, THERE ARE A NUMBER OF OTHER PRIVATE STREETS, BOTH GATED, UH, NON GATED HERE IN THE CITY.
SO WE WANT TO GIVE YOU A PERSPECTIVE OF WHAT OTHER PRIVATE STREETS ARE THERE, WHAT THEIR CONDITION IS AND WHAT IT WOULD POTENTIALLY MEAN FOR THE CITY.
IF WE WERE TO CONSIDER THAT, UH, HOPEFULLY THIS WILL AID YOU IN YOUR DECISION MAKING TODAY, AND WE'LL FOCUS ON THESE TOPICS.
NOW THIS IS THE, UH, COPY OF THE PLAT RECORDED PLAT FOR MEADOWCREEK SECTION FOUR.
AND SECTION ONE, THE TOP PART IS SECTION FOUR.
AND THE BOTTOM PART IS SECTION ONE.
NOW, IF YOU WERE TO LOOK AT THIS PLANT AND THE LAYOUT OF THE STREETS, ONE THING THAT IS PRETTY CLEAR AND PRETTY OBVIOUS IS THE RIGHT OF WAY OR THE WIDTH OF THE STREETS.
[00:30:01]
AS YOU LOOK AT THESE STREETS ON THE TOP, WHICH IS THE CREEKWAY CIRCLE, YOU WILL SEE THAT IT'S A NARROW.AND WHEN YOU COME DOWN TO THE BOTTOM, WHICH IS SECTION ONE, IF YOU'RE LOOKING AT MEADOWCREEK DRIVE OR ASHMONT, YOU CAN CLEARLY SEE THE WIDTH OF THE RIGHT WAY UP THE STREET.
SO IT IS PRETTY OBVIOUS THAT THERE'S A CLEAR DISTINCTION BETWEEN SECTION FOUR AND SECTION ONE, NEXT SLIDE, PLEASE.
AND AGAIN, UM, I THINK JAMES TOUCHED ON A LITTLE BIT OF THIS CURRENT STANDARDS AND DEVIATION.
THE CURRENT STREET, UH, HAS, UH, UH, THE ART DESIGN STANDARDS CALL FOR A CURB AND GUTTER ROADWAY WITH INLETS.
IF YOU WERE TO DRIVE ON A STREET, SUCH OF ASHMONT, YOU HAVE CURB INLETS, AND WE HAVE WHAT WE CALL, UH, UH, UH, THE, THE CROWN OF THE ROADWAYS AT THE CENTER OF THE ROADWAY.
IT SLOPES TO THE INLETS, UH, AND THAT'S HOW THE DRAINAGE IS SERVED.
AND, UH, A LOT OF OUR CONCRETE STREETS ARE CARBON GUTTER, BUT IN THIS CASE, UH, THERE ARE NO CURBS.
IT'S WHAT WE REFER TO AS VALLEY DRAINAGE, THE LOT SLOPES, UH, TO THE FRONT OF THE STREETS.
AND WE HAVE WHAT WE REFER TO AS THE WE SHAPED STREET, UH, WITH GREATER THAN LET'S, UH, IN THE MIDDLE OF THE STREETS.
AND AGAIN, UH, THAT'S TYPICAL, UH, UH, THE WAY THE DRAINAGE IS SET UP, THERE ARE ALSO SOME SIDE STREETS THAT DON'T HAVE GREAT INTELLECTS, OR WE HAVE VERY SMALL DRAINAGE INLETS, AND THESE KINDS OF, UH, OUR SLOPE TO DRAIN TO THE MAIN STREET, WHICH IS THE, UM, UM, WHICH IS THE CREEKWAY CIRCLE NOW PAYMENT WITH, UH, AND THERE'S A LITTLE TYPO.
PLEASE NOTE IT, OUR CURRENT PAYMENT WITH A MINIMUM PAYMENT WITH CALL FOUR IS 28 FEET.
UH, WE HAVE IT 25 ON THE SLIDE.
UH, WHEN WE MEASURE THE, UH, PAYMENT WITH, UH, AT THE OUTSIDE TODAY, IT'S RANGES BETWEEN 24 TO 25 FEET.
UH, THE MAIN ISSUE IS THE RIGHT OF WAY WIT FOR OUR LOCAL STREETS IN RESIDENTIAL NEIGHBORHOODS, OUR STANDARDS CURRENTLY CALL FOR A 50 FOOT RIGHT OF WAY.
UH, NOW, UH, YOU SAW IN THE PREVIOUS SLIDE ON THE PLANT, THIS IS THE CLEAR DISTINCTION.
AND HERE THE MEASURE OF RIGHT OR FAVORITE IS AROUND 30 FEET.
UM, NOW IN TERMS OF SIDEWALKS, WE DO HAVE, UH, MOST, UH, LOCAL STREETS WITH SIDEWALK HERE.
UH, THE SIDEWALK IS NOT CONTIGUOUS.
YOU DON'T HAVE THE CURB AND, UH, HOPEFULLY YOU CAN SEE IT IN THE PICTURE THERE.
UH, THE DRIVEWAY KIND OF ORBITS THE STREETS OF SIDEWALKS OUT THERE AT SOME LOCATIONS, AND THERE IS NO CURVE OR ANY KIND OF A SAFETY BARRIER BETWEEN THE STREET AND THE SIDEWALKS.
AND SOME LOCATIONS, YOU HAVE A STREET PARKING THAT KIND OF ABOUTS THE STREET AS WELL.
THE OTHER KEY ASPECT TO THE DESIGN STANDARDS IS THE, UH, UH, THE ROADWAY RADIUS, THE ROADWAY CURVATURE, AND THE WIDTH OF THE ROADWAY ARE PRIMARY PARAMETERS AND HOW THE SPEED OF THE ROADWAY IS DETERMINED.
NOW, UH, THE MINIMUM SPEED STATUTORY SPEED LIMIT IS 30 MILES PER HOUR ON LOCAL STREETS HERE.
THE RADIUS OF CURVATURE IS VERY SHARP, UH, AND I DON'T THINK, UH, DISCOURAGE COMES ANYWHERE CLOSE TO BE A CENTRAL LINE RADIUS THAT IS CURRENTLY THERE, WHICH IS A MINIMUM OF 300 FOOT RADIUS.
UH, IN ABSENCE OF THIS, I BELIEVE TO CONTROL SPEED.
THERE ARE A NUMBER OF SPEED BUMPS OR SPEED HUMPS, UH, HERE, UH, AND, UH, I BELIEVE, UH, THERE ARE ALSO, UH, THE SPEED BUMPS ARE ALSO THERE BECAUSE, UH, OF WHAT WE REFER TO AS THE APPROACHING SITE DISTANCE, BECAUSE OF THE SHOP CURVATURE, UH, THERE IS A SIGHT DISTANCE ISSUE AND IN YOUR FALL THAT THERE ARE SOME ADVISORY SIGNS PLACED ALL ACROSS THE, UH, SUBDIVISION.
AND, UH, AND, UH, THERE ARE SPEED HUMPS, UH, TO, UH, TO, UH, TO LOWER THE SPEED.
I BELIEVE OUR DESIGN STANDARDS CURRENTLY DO NOT FOLLOW SPEED UPS, AND THERE WAS A SPECIFIC REASON FOR IT.
UH, IT DELAYS EMERGENCY ACCESS POLICE OR FIRE NEEDS TO GET, OR AMBULANCE NEEDS TO GET THERE.
IT IMPEDES ACCESS, IT CAUSES EXCESSIVE WEAR AND TEAR OF THE VEHICLES.
IT'S A NOISE ISSUE AND LONG RUN IS A MAINTENANCE ISSUE AS WELL.
AND AGAIN, AS I ALLUDED TO EARLIER, UH, THERE ARE SPEED ONSET, MANY LOCATIONS HERE.
NOW, THE NEXT ITEM RELATES TO, UH, TRAFFIC CONTROL DEVICES.
UH, THERE ARE STOP SIGNS, SPEED, SIZE, SPEED, LIMIT SIGNS, AND STREET SIGNS THAT DOES NOT MEET THE MINIMUM STANDARDS.
AND WE CALL THEM MUPC D WHICH IS THE MANUAL OF UNIFORM TRAFFIC CONTROL DEVICES.
FOR EXAMPLE, UH, IN YOUR SLIDE, YOU SEE A STOP SIGN, UH,
[00:35:01]
TYPICAL STOP SIGNS SUCH AS THAT IS INSTALLED, UH, TWO FEET EVEN WITH THE CURVE OR A PROTECTIVE BARRIER.UH, IN INSTANCE, SUCH AS THIS, IF, UH, WITH EXCESSIVE SPEED, THERE'S A POSSIBILITY A DRIVER CAN HIT A STOP SIGN, AND IF THEY ARE NON COLLAPSIBLE OR BREAKABLE STOP SIGNS, THIS COULD CAUSE INJURY, UH, TRUE, UH, TO A DRIVER OR TO, UH, TO THE PEOPLE IN THE VEHICLE.
SO, UH, THESE SIGNS DO NOT MEET CURRENT STANDARDS OR BASIC, UH, MUPC D STANDARDS.
THE NEXT THING IS THE STREETLIGHTS.
THERE ARE THREE SLIDES OUT HERE.
AGAIN, THEY HAVE NOT BEEN CONVERTED TO REALITY BECAUSE THESE WERE PRIVATE AND WE FELT THAT, UH, OUR VISUAL OBSERVATION WAS THE STREET LIGHTS.
UH, THE HEIGHT OF THE STREET LIGHTS IS, UH, UH, IS NOT TYPICAL TO OUR TYPICAL STREETS.
IT'S PROBABLY A LESSER HEIGHT COMPARED TO THE OTHER STREET SLIDES ACROSS THE CITY.
SO WE, UH, B AREA THAT'S MORE RED AND THAT IS THE, UH, PRIVATE PIECE, UH, OF THE METAL CREEK SECTION FOR THOSE, FOR THE STREETS THAT WE EVALUATED IN TERMS OF LENGTH.
THAT'S LOOKING AT BOTH LANES, BOTH, UH, UH, EASTBOUND AND WESTBOUND OR NOT BOUND ON SOUTHBOUND LANE.
SO TOTAL LENS IS APPROXIMATELY 2.3 MILES.
UM, OUR RESEARCH SAID THAT THESE STREET WAS BUILT IN THE EARLY SEVENTIES.
SO NOW IT'S CLOSER TO 50 YEARS OLD IN TERMS OF THE PAYMENT CONDITIONS.
SO WE LOOKED AT THE COST TO RECONSTRUCT THE STREET AND ASKED ME, MENTIONED A CONCRETE STREET IS GOOD ONCE BUILT.
WELL, IT LASTS FOR A LONG TIME.
IN THIS CASE, IT'S LASTED CLOSE TO 50 YEARS, BUT IF YOU HAVE TO RECONSTRUCT IT AND IT'S NOT BEING MAINTAINED, IT'S VERY EXPENSIVE.
UH, OUR ESTIMATE IS, UH, AND AGAIN, THIS IS A HIGH LEVEL ESTIMATE SAY, UH, ESTIMATE IS IT WILL TAKE US ABOUT 4 MILLION JUST TO RECONSTRUCT A STREET, A CONCRETE STREET.
AND THIS DOES NOT INCLUDE WET UTILITIES WHEN WE MEAN, UH, THE WATER OF THE SANITARY IN THE STORM.
AND THESE ARE MAINTAINED BY OTHER ENTITIES.
I BELIEVE IN THIS CASE, IT'S THE QUAIL VALLEY UTILITY DISTRICT NOW, UH, NOT TOO LONG AGO, WE PRESENTED TO COUNCIL THE PAYMENT CONDITION INDEX CITYWIDE.
IF YOU MAY RECALL THE CITYWIDE AVERAGE PAYMENT CONDITION INDEX, UH, THE HIGHER, THE BETTER, THE AVERAGE CITYWIDE PAYMENT CONDITION INDEX IS 55.
AND OUR RECOMMENDATIONS THAT CAME FROM THE CONSULTANT WAS ANY TIME IT'S LESS THAN 40 IT'S TIME TO RECONSTRUCT.
AND AS YOU CAN SEE, THIS CONDITION HERE IS 19, AND IT'S IN A, IN A PRETTY BAD STATE.
UH, THE OTHER ASSOCIATED COST, THERE ARE SOME SIDEWALKS, TRAFFIC CONTROL DEVICES, ET CETERA, THAT ARE IN NEED OF REPAIRS TOO.
AND WE ESTIMATE THAT'S GONNA COST ABOUT $45,000 TO FIX.
NOW, THE MOST IMPORTANT THING IS RESPIRATORY OF, OF WHAT WE DO.
WE ARE CONSTRAINED HERE BY THE RIGHT WAY.
UH, THERE'S VERY LITTLE, WE CAN DO TO BRING THIS BACK TO CURRENT STANDARDS IN TERMS OF THE ROADWAY, CURVATURE OF THE WIDTH, UH, OR EVEN, UH, UH, COMPLYING WITH THE MINIMUM SPEED LIMIT, UH, UH, STATUTORY REQUIREMENTS.
UH, SO, UH, THAT IS A VERY HARD, UH, THING TO DO THAT WE CANNOT BRING IT BACK TO CURRENT STANDARDS IN TERMS OF MAINTENANCE COST.
THIS IS TO REPLACE STREET SIGNS AND THINGS LIKE THAT.
WE ESTIMATE IT TO BE ABOUT 5,000, NEXT SLIDE PLEASE.
SO WE LOOKED AT OTHER PRIVATE STREETS AND FOR AN INFORMATION IS ONLY LIMITED TO PRIVATE, NON GATED STREETS.
UH, WE LOOKED AT PRIVATE, NON GATED STREETS AND GENERALLY GOT A PERSPECTIVE OF WHAT THOSE PCS COURSE, MAYBE WE WILL BE, AGAIN, THIS IS AN HIGH LEVEL ESTIMATE WE MADE, AND THERE'S APPROXIMATELY 17.7 LANE MILES OF PRIVATE NON GATED STREETS.
AND GENERALLY SOME OF THESE STREETS ARE IN A BAD CONDITION AS WELL.
FOR EXAMPLE, I BELIEVE CAMELOT LANE IN THE QUAIL VALLEY TOWNHOMES, THE PCI SCORES IS IN THE TEENS LOWER THAN, UH, METAL CREEK SECTION FOUR.
UH, WE DID SOME ESTIMATES AND WE, WE BELIEVE THAT THERE IS AT LEAST $30 MILLION WORTH OF PRIVATE, NON GATED STREETS OUT THERE FOR READY FOR RECONSTRUCTION, WHICH ALSO INCLUDES, UH, THE MEDICAL TEAM.
UH, SOME OF THEM HAVE SIDEWALKS, UH, AND THOSE WILL NEED REPAIRS TO THE TUNE OF HALF A MILLION DOLLARS.
AND AGAIN, THERE IS OTHER COSTS ASSOCIATED WITH TRAFFIC CONTROL, DIVIDERS AND ANNUAL MAINTENANCE COSTS, WHICH IS A APPROXIMATELY TO BE ABOUT 40,000.
[00:40:02]
AND I THINK I COVERED MOST OF THAT IN MY PREVIOUS SLIDE.AND AGAIN, WE'LL LOOK AT ALL PRIVATE, AND AGAIN, IT'S JUST NON GATED STREETS.
WE'RE LOOKING AT ABOUT 30 MILLION IN RECONSTRUCTION COSTS.
AND NUMBER OF THEM HAVE PCI SCORES LESS THAN 20 SIDEWALKS AND OTHER ASSOCIATED DEVICES.
WE'RE LOOKING AT 600,000 ANNUAL MAINTENANCE COST OF 40,000.
AND AGAIN, IT'S THE SAME SCENARIO, JUST LIKE IN A, UM, A METAL CREEK, UH, WE HAVE CONSTRAINED WITH RIGHT OF AND OTHER CONSTRAINTS.
SO IT MAY, WE MAY NOT BE ABLE TO BRING THEM BACK TO OUR CURRENT STANDARDS.
AND THIS IS JUST TO GIVE YOU A PERSPECTIVE, WHAT YOU SEE THERE IN YELLOW OR PRIVATE, NON GATED STREETS.
AND AGAIN, OUR EVALUATION WAS ONLY LIMITED TO A NON GATED STREETS BECAUSE THAT'S WHERE WE HAVE ACCESS.
THAT'S WHERE WE HAD INFORMATION, BUT THERE ARE A NUMBER OF PRIVATE GATED STREETS AS WELL.
AND THOSE ARE MARKED IN GREEN.
HOPEFULLY THIS WAS TO PROVIDE YOU A LITTLE BIT OF AN INSIGHT ON THE INFRASTRUCTURE, PART OF THE ISSUE AND THE, AND I WILL BE HAPPY TO ANSWER ANY QUESTIONS.
THANK YOU, MAYOR AND COUNCIL JAMES IS AT THE END OF THE PRESENTATION.
WE WILL MOVE ON TO OUR RESIDENTS.
AND THE FIRST PERSON I HAVE SIGNED IS DILBERT.
GOOD EVENING, MAYOR AND COUNCIL.
I'D LIKE TO RESERVE MY TIME TO GIVE IT TO JIM FONTANELLE AND I WILL.
THE NEXT PERSON I HAVE SIGNED UP IS WILLIE JONES.
UH, I, UH, I ALSO YIELD MY TIME TO MR. POSSIBLE.
THE NEXT PERSON IS DON BAILEY.
I'D LIKE TO, UH, GIVE JIM FONT.
ARE YOU THERE MS. POWERS? YES MA'AM.
CAN YOU HEAR ME? WE CAN HEAR YOU NOW.
ARE YOU GOING TO YELL YOUR TIME ALSO? YES, MA'AM PLEASE.
YOU WILL HAVE, IT LOOKS LIKE YOU'RE GOING TO HAVE 35 MINUTES.
AND, AND, AND YES, THANK YOU, MAYOR FORD.
I DON'T THINK THAT WE NEED TO TAKE UP THAT MUCH TIME.
UM, FIRST OF ALL, GOOD EVENING TO EACH OF YOU AND I HOPE YOUR FAMILIES ARE DOING WELL.
UM, AND THANK YOU FOR YOUR SERVICE.
UM, AND I REALLY THANK YOU FOR KEEPING THE BALL ROLLING ON THIS, THIS VERY IMPORTANT MATTER.
UM, I WAS ENCOURAGED WITH THE ATTORNEYS, CLARIFICATIONS, UH, POLICE AND OTHER ENFORCEMENT AUTHORITIES.
UM, THAT'S DIFFERENT FROM WHAT WE'VE BEEN HEARING FOR YEARS.
UH, IT'S PROMISING, AND I HOPE THAT, UH, BASED ON THE CONFUSION BETWEEN, UH, WHAT I WOULD CONSIDER TO BE SOMEWHAT GENERAL OPINIONS, UH, AND, UM, THE PENAL CODES AND TRAFFIC LAWS THAT, UH, THE CITY WILL BE ABLE TO COME UP WITH SOME KIND OF DIRECTIVE OR AUTHORITIES THAT WILL TAKE SOME OF THE CONFUSION OUT OF, UH, THIS PROCESS THAT IS SO IMPORTANT TO THE SECURITY OF SECTION FOR ITS RESIDENTS AND THE PUBLIC AT LARGE, UH, WE PROVIDED THE COUNCIL WITH A 95 PAGE RESPONSE TO THE JUNE 1ST.
MR. PANNOBILE BEFORE YOU GET FAR, I APOLOGIZE IS ACTUALLY 15 MINUTES.
I PROBABLY WON'T HAVE TO USE ALL OF THAT AS I MENTIONED.
WE PROVIDED YOU THE COUNCIL WITH A 95 PAGE DOCUMENT.
UH, MOST OF WHICH I BELIEVE WILL RESPOND TO JAMES, HIS PRESENTATION AS WE HAVE DONE IN THE PAST.
I THINK IT SORT OF CRYSTALLIZED
[00:45:01]
OUR, OUR POSITION ON IT.I WAS GLAD TO HEAR HIM SPEAK OF, UH, UH, SOME EXAMPLES OF THINGS AWARDED IN THE PAST.
YEAH, I'M STILL A LITTLE BIT CONFUSED ON THE EASEMENT DISCUSSION, WHICH, UH, IF YOU READ THE PLAT EASEMENTS OR PART OF THE DEBT DESIGNATED, UH, UH, PARTS OF THE DEDICATION, THE CONCERN IS A MORE RECENT EXAMPLE OF SOMETHING THAT HAPPENED JUST TODAY.
I WAS OUT WITH ONE OF THE CODE ENFORCEMENT AT, UH, QUOTED FORCES OUT AT SECTION FOUR, AND WE IDENTIFIED NINE ABANDONED VEHICLES.
AND ONE, UH, I WOULD SAY 18 WHEELER CAP, THAT'S PARKED IN AN ARROGANT.
AND THE POSITION THAT THE CODE ENFORCEMENT TOOK, WHICH I UNDERSTAND IS CONFUSION IS THAT HE CAN'T TOUCH ANY OF THESE OR DO ANYTHING WITH IT BECAUSE WE'RE PRIVATE.
BUT YET I HEARD JAMES SAY SOMETHING JUST A LITTLE BIT DIFFERENT IN TERMS OF HIS CLARIFICATION.
SO THAT'S REALLY SOMETHING THAT WE NEED TO GET RESOLVED PRETTY QUICK.
UM, I, I, I DON'T, I DON'T UNDERSTAND WHEN, AND I WOULD ASK THE COUNCIL IF, IF I MAY ASK JAMES THIS QUESTION, IF YOU READ, UM, THE LOCAL CODE TWO 12, NOT ONLY DOES IT TALK ABOUT THE CITY'S USE, BUT IT TALKS ABOUT OTHER MUNICIPAL AUTHORITIES.
I WOULD LIKE TO HEAR JAMES' CLARIFICATION OR DEFINITION OF WHAT OTHER MUNICIPAL AUTHORITIES MEAN, BECAUSE MY VIEW OF IT IS THAT, UH, THE MUNICIPAL UTILITY DISTRICT IS A FORM OF A, UH, UH, A MUNICIPALITY.
UH, AND I COULD BE VERY WRONG, BUT I WOULD DEFINITELY LIKE TO HEAR HIS DEFINITION OF THAT BECAUSE IT'S, IT'S, IT'S VERY CLEAR TO US THAT, UM, IMPROVEMENTS HAVE BEEN MADE BY AN ANOTHER MUNICIPALITY, IF YOU WILL, OR FORM OF MUNICIPALITY TO, UH, SECTION FOUR.
UM, PROBABLY SINCE THE LATE SEVENTIES, FROM WHAT I CAN DETERMINE.
SO I WOULD LIKE TO ASK HIM THAT IF HE COULD JUST CLARIFY THAT, UM, THE, THE OTHER I HAVE, AND I WON'T GET INTO THE DETAIL WAS RELEVANT TO THE, UM, DECLARATION THAT WAS MADE IN 1982, WHEN A MOTION WAS MADE BY COUNCILMAN WYATT WIDE.
AT THAT TIME, I'M, I'M STRUGGLING WITH WHETHER OR NOT THE ATTORNEY IS SUGGESTING THAT THE CITY CAN ABANDON ITS RESPONSIBILITY TO THE PUBLIC, OR IF THE CITY HAS OPTIONS TO DO NOTHING.
AND THAT CONCERNS ME A LITTLE BIT, BECAUSE THAT GETS US RIGHT BACK INTO SOME OF THE COMPLEX ISSUES REGARDING TRAFFIC POLICING, ET CETERA.
UH, I DO BELIEVE SOMEWHERE, WE NEED TO CLARIFY THAT, UH, I THINK JAMES MENTIONED AND CORRECT ME IF I'M WRONG, THAT THE COUNCIL WOULD ONLY HAVE TO VOTE, I GUESS, OR MAKE A MOTION SIMILAR TO WHAT WAS DONE IN 1982.
AND AS WE POINTED OUT IN OUR DOCUMENT AND IN 1982, UM, THAT WERE THREE THINGS BASICALLY THAT THE COUNCIL WAS CONCERNED ABOUT, THE MAIN ONE BEING THE COST IMPACT THAT WE'RE TALKING ABOUT TODAY.
I THINK THAT WAS ALSO A CONCERN BACK IN 1973.
SO IT APPEARS THAT THE CITY IS NOT REALLY A, AND I'M NOT SPEAKING OF THE COUNCIL TODAY BECAUSE I APPRECIATE WHAT YOU GUYS ARE DOING, BUT IT APPEARS THAT FOR YOU DECISIONS REGARDING, HELLO? HELLO, WE'RE STILL HERE.
CAN YOU MAKE SURE EVERYBODY'S FOLLOWING OTHER THAN FINE? I'M SORRY.
I WAS HERE IN MUSIC FOR A WHILE.
YOU CAN GO AHEAD, MR. PANDO, IF YOU GO BACK TO 1982, AND AGAIN, THIS IS SPELLED OUT CLEARLY IN THE, IN THE DOCUMENT IN 1982, EMOTION WAS MADE, BUT THERE WAS NO BASIS BEHIND THAT MOTION, NO SUBSTANCE BEHIND IT.
IT DEALT PRIMARILY WITH WHAT THE COST IMPACT WOULD BE TO BRING SECTION FOUR UP TO SOME CODE.
AND THAT CODE WAS NOT REALLY SPECIFIED TO THE DEGREE THAT WE HEARD IT TODAY.
AND I REALLY APPRECIATE GETTING A LITTLE BIT MORE CLARITY AROUND THE STANDARDS AND SUBSTANDARDS, THAT'S VERY HELPFUL.
SO I I'M, I'M STRUGGLING WITH WHERE W W WHY IT'S WHAT WE'RE LOOKING FOR IN TERMS OF THIS ONE ELEMENT OF THE THREE, UH, ENTRY USE AND IMPROVEMENT, HOW IMPROVEMENT IS SOMETHING THAT THE CITY CAN, CAN DRAW UPON WHEN THE CITY, AND
[00:50:01]
WE GAVE YOU PLENTY OF EVIDENCE OF THIS.THE CITY ACTUALLY USED, UH, THE ROADS AND IN SECTION FOUR FOR CONSTRUCTION, THEY CREATED DAMAGES, UH, UNBELIEVABLE DAMAGES.
WE PROVIDED YOU PHOTOS, PHOTOS.
AND THE IMPLICATION FROM JAMES' PRESENTATION IS THAT THE CITY CAN COME IN AND TEAR UP THE STREETS AND JUST WALK AWAY AND DO NOTHING ABOUT REPAIRS.
AND THAT'S CONTRARY TO WHAT ANOTHER MUNICIPALITY, UH, ENTITY IS DOING, WHICH IS, UH, THE MUNICIPAL UTILITY DISTRICT.
IN FACT, THEY ACTUALLY CAME IN AND REPAIRED.
SOME OF THE DAMAGES CAUSED BY THE CITY DOING THE CONSTRUCTION.
I BELIEVE THAT THE DOCUMENT WE PROVIDED BASED ON WHAT I'M HEARING FROM JAMES, IN TERMS OF WHAT, SOME OF THE MORE, UH, CLARITY, UH, TYPE OF, UH, PRESENTATION, UH, I THINK OUR DOCUMENTS STANDS AND ISN'T A TEST IS AN, A TESTAMENT THAT A TESTAMENT THAT THE CITY HAS AT LEAST IN THE PAST HAS BEEN AVOIDING THE RESPONSIBILITIES BASED SOLELY ON COST.
AND THAT'S NOT THE WAY PLATT'S SUPPOSED TO BE ACCEPTED.
FINALLY, JAMES TALKED ABOUT, UH, COMING UP WITH SOME TYPE OF POLICY THAT CLARIFIES, UH, SERVICES TO, UH, PRIVATE STREETS.
AND IN THIS CASE, ALLEGEDLY, UH, SECTION FOUR, BUT I WOULD, I WOULD CHALLENGE THE COUNCIL TO GO BACK AND REVIEW LOCAL CODES REGARDING, UH, FLATS AND DESIGNATIONS AND DEDICATIONS.
AND I WOULD ALSO SUGGEST LOOKING AT VARIOUS PLANTS WITHIN QUAIL VALLEY IS AN EXAMPLE BACK IN THE SEVENTIES, WHICH ALMOST MIRRORS SOME OF THE DEDICATION, THE DEDICATION, AND, UM, SECTION FOR WHAT ALSO MAKES IT VERY CLEAR IN TERMS OF PRIVATE STREETS, UH, BEING DESIGNATED FOREVER WITH SOME GENERAL USE.
I BELIEVE THAT SECTION FOUR IS COMPLETELY DIFFERENT AND UNIQUE FROM MOST OF THOSE SECTIONS IN QUAIL VALLEY.
SO I WOULD REALLY CHALLENGE THE COUNCIL TO REALLY LOOK AT LOCAL CODES AND, UH, REGARDING, UH, PLATS AND DEDICATION STEP BY STEP IT'S IN THERE.
SO COME UP WITH A POLICY, IN MY OPINION, WOULD BE FRUITFUL AT THE END OF THE DAY.
I JUST BELIEVE THAT, UH, UH, THE CITY HAS A RESPONSIBILITY, NOT ONLY TO THE RESIDENTS, BUT THE PUBLIC AT LARGE, AND UNLESS THERE'S SOME OTHER, I WOULD YIELD THE REMAINDER OF MY TIME TO DELBERT OR ANY OTHER PERSON THAT, UH, THAT IS HERE REPRESENTING MEADOWCREEK THE STATE.
HOW MUCH TIME DO THEY HAVE LEFT? FIVE MINUTES AND 30 SECONDS.
OKAY, GO AHEAD, MR. SANFORD'S.
I JUST WANT YOU TO KNOW HOW MUCH TIME YOU HAD LEFT.
LISTEN, THERE'S TWO THINGS THAT CAME UP THAT I'M REALLY CONCERNED ABOUT.
ONE WAS WHEN HE, UH, THE LEGAL GUY WAS TALKING ABOUT WHAT THE POLICE CAN DO AND CAN'T DO ON A PRIVATE STREET AS OPPOSED TO A PUBLIC STREET, EVEN THOUGH IT WAS WORDED WRONG ON THE, UM, SCREEN.
THE MAIN THING IS, FROM WHAT I UNDERSTAND IS ON A PRIVATE STREET, ANYONE CAN DRIVE A CAR A 10 YEAR OLD, A NINE YEAR OLD, AN 11 YEAR OLD, AND A POLICEMAN IN THE CITY OF MISSOURI CITY CANNOT DO A THING.
AND THAT IS NOT JUST NOT RIGHT.
THAT IS DANGEROUS BECAUSE IF YOU CANNOT ACTUALLY PATROL A CITY TOTALLY, THEN YOU DON'T CONTROL MOST OF IT, OR AT LEAST THAT SECTION THAT IS CONSIDERED LAWLESS, AND THAT'S A VERY SERIOUS ISSUE.
AND THE SECOND THING IS, AND JIM BROUGHT IT UP, WAS THE DEFINITION OF USE WHEN, UH, ASTHMA WAS BEING REDONE.
THE CITY USED CREEKWAY CIRCLE EXTENSIVELY FOR STAGING, FOR USING ITS BIG TRUCKS TO GO UP AND DOWN THE STREET.
SO IF IT'S THREE ITEMS THAT EITHER MAKE IT ACCEPTANCE BY THE CITY, THAT IS ONE CLEARLY DEFINITIVE ONE THAT, AND THERE'S PICTURES THAT IDENTIFIED THE TRUCKS.
AND I'LL YIELD BACK MY TIME TO WHOEVER WANTS TO COME ON AND TALK,
[00:55:04]
OKAY, TRINA BAILEY, ANYBODY ELSE WANT TO SPEAK? I THINK WE PROBABLY HAVE ABOUT TWO MINUTES ACCORDING TO MY CLOCK.WELL, LET'S JUST CLOSE ON THIS WEEK.
WE ARE PLEASED THAT, THAT THE COUNCIL IS TAKEN UP THIS MATTER.
UH, WE'VE SPENT AN EXHAUSTIVE AMOUNT OF TIME DEVELOPING A RESPONSE, AND I BELIEVE ENOUGH INFORMATION THAT WOULD SEND, UH, THE APPROPRIATE STAFF BACK TO THE DRAWING BOARD AND START REVIEWING THIS.
AND AGAIN, I AM PLEASED TO HEAR SOME OF THE ATTORNEY'S CLARIFICATION'S A DAY THAT IS COMPLETELY DIFFERENT FROM WHAT WE'VE BEEN HEARING IN THE PAST.
SO THAT SAYS WE'RE MOVING IN SOME DIRECTION.
I WOULD ALSO SUGGEST THAT THERE ARE A COUPLE OF PATIO HOMES THAT THE CITY SHOULD LOOK AT.
I THINK SECTION ONE OR SECTION TWO THAT IS GENERALLY BUILT JUST LIKE THE, UH, UH, CREEKWAY CIRCLE.
AND MY UNDERSTANDING IS THE STREETS ARE SLIGHTLY NARROW AS WELL.
UH, IF YOU TALK ABOUT CURVATURES OF YOU GONNA FIND THAT YOU PROBABLY HAVE JUST AS DANGEROUS CURVATURES OVER THERE, BUT AT SOME POINT THIS WAS A REPLAT THE STREETS WERE RENAMED.
AND TO MY, FROM WHAT I'M LEARNING IS THAT THE STREETS WERE SIMILAR TO THE PATIO HOMES, BUT YET THAT IS A PUBLIC STREET.
IT IS IN A SECLUDED AREA WHEN YOU CONSIDER THE INFRASTRUCTURE OF MISSOURI CITY.
SO I WOULD SUGGEST THAT THE COUNCIL TAKE A LOOK AT THAT PLAT AND AS WELL AS THE STREET MAINTENANCE FOLKS AND DETERMINE WHETHER OR NOT, UH, UH, SOME OF THE, UH, DEFICIENCIES HE TALKED ABOUT KIMBERLY BE DONE BECAUSE IT WAS DONE IN A PUBLIC SECTION OF PATIO HOMES.
I BELIEVE AGAIN, IT WAS THUNDERBIRD WANTED TO BUY THAT AS IT WAS THAT'S ABOUT ALL I HAVE TO SAY RIGHT NOW.
THERE WERE A COUPLE OF QUESTIONS THAT MR. FONDO, UM, INQUIRED ABOUT.
UH, DO YOU HAVE THOSE RESPONSES OR DO YOU NEED TO LOOK INTO THOSE RESPONSES AND GET THOSE TO HIM? UM, WELL, WITH RESPECT TO THE, UH, MUNICIPAL UTILITY DISTRICTS ROLE IN, UM, WHATEVER IMPROVEMENTS THAT THEY MADE, I THINK THAT WAS THE FIRST QUESTION THAT WAS PRESENTED.
THE MUNICIPAL UTILITY DISTRICT IS A SPECIAL DISTRICT CREATED BY STATUTE.
SO, YOU KNOW, THEIR CONDUCT, WHATEVER THAT MAY BE.
I'M NOT SURE I WOULDN'T HAVE ANY BEARING ON THE CITY OF MISSOURI CITY'S RESPONSIBILITY TO, UM, MAINTAIN OR IMPROVE ANYTHING, UM, AS TO THE OTHER QUESTIONS.
UM, I'D HAVE TO, I WOULD HAVE TO GO BACK INTO MY NOTES AND SEE, UM, HMM.
AND BASICALLY MAKE THAT RESPONSE AND NOT SURE EXACTLY WHAT OTHER QUESTIONS WERE ASKED, BUT, UM, YOU KNOW, IF THE COUNCIL HAS ANY QUESTIONS BASED ON WHAT WAS PRESENTED BY THE PUBLIC TONIGHT, UM, I CAN CERTAINLY, UH, RESPOND TO THOSE.
OKAY, THIS IS MAYOR FORD AGAIN.
SO I, I HAVE A COUPLE OF QUESTIONS, UH, WHEN IT COMES TO THE REPAIRS OR DAMAGES THAT MR. FON FIND SPOKE OF, UM, HAD WE LOOKED INTO THAT AND WHAT CAME OF THAT? WHAT WAS THE COST FOR THOSE DAMAGES TO THE STREETS? ARE YOU AWARE OF ANY OF THAT INFORMATION? I'M NOT AT THIS TIME.
UM, YOU KNOW, I I'VE SEEN THE SAME PHOTOGRAPHS THAT WERE PRESENTED TO COUNCIL.
I'M NOT SURE EXACTLY THE CAUSE OF THAT DAMAGE OR, UM, NO, I'M NOT, I DON'T THINK I HAVE THE REQUISITE KNOWLEDGE TO SPEAK TO THAT, BUT IT'S CERTAINLY SOMETHING THAT CITY STAFF CAN LOOK INTO AND GET AN ANSWER BACK TO A MAYOR.
AND WE SPOKE ABOUT THAT A LITTLE BIT THIS AFTERNOON, AND TO OUR KNOWLEDGE FOR THOSE THAT HAVE BEEN HERE THE FIRST TIME WE HEARD ANYTHING LIKE THAT.
AND SO, UM, THAT FIRST TIME WE BECOME AWARE OF IT, UH, AS FAR AS, UH, ANY DAMAGE, ANY DAMAGE BEING, UH, CITED AS A RESULT OF A USE OF THAT ROADWAY.
AND DURING THE CONSTRUCTION, I'M NOT AWARE, AT LEAST THOSE OF US THAT ARE HERE HAVE ANY, UH, ISSUES BEING BROUGHT TO THE ATTENTION OF THE CITY AT THAT TIME.
IF I MAY HOP IN REALLY QUICKLY, I BELIEVE SHE HAS SOME INFORMATION ABOUT SOME CONCERNS THAT WERE BROUGHT UP IN 2018.
[01:00:01]
HOP IN HERE.UH, YOU JOYCE AND THANK YOU, MAN.
AND COUNCIL, ALL NOT ABOUT JUNE, 2018, WHEN WE WERE RECONSTRUCTING A CACHEMENT.
I WAS ABLE TO, UH, JOKE FROM MY EMAILS.
I BELIEVE IF I'M SEEING THE LAST NAME CORRECTLY, OTHERWISE APOLOGIES, UH, DID CONTACT US, I THINK ONCE OR TWICE ABOUT, UH, THE, UH, TRUCKING COMPANY.
THAT'S ONE OF THE SUBCONTRACTORS WORKING FOR THE CONTRACTOR, APPARANTLY TRESPASSING INTO THE PRIVATE STREETS AND REQUESTED CITIES, HELP, UH, CITIES, PROJECT MANAGEMENT STAFF IMMEDIATELY GOT WITH THE CONTRACTOR.
WE DID INSTALL AT EASTERN HEALTH SCIENCE, UH, AND DIRECTED THE CONTRACTOR, NOT TO USE THE PRIVATE STREETS, WHICH WE WERE TOLD, UH, IN A PHONE CALL.
I TOOK THE CALL PHONE CALL FROM MR. DELL, UH, THAT, UH, NOT TO USE THOSE STORIES.
AND WE INSTALLED SOME SIGNS AND DIRECTIONS FOR THE TRUCKING COMPANY, NOT TO USE THE PRIVATE STREETS.
THAT'S ALL I CAN RECALL ME OUT AT THIS TIME.
SO IF YOU GUYS CAN LOOK FURTHER INTO THAT.
THIS IS DELL SEMPER'S AND, AND SPECIFICALLY THERE WASN'T JUST ONE OR TWO CALLS.
AND I SPOKE WITH SOMEONE THERE A COUPLE OF TIMES ON THE TELEPHONE.
I THINK HER NAME WAS LAST NAME WAS JUSTICE OR SOMETHING.
I CAN'T REMEMBER EXACTLY, BUT SHE WAS IN THE PUBLIC WORKS DEPARTMENT BECAUSE THEY HAD LIME TRUCKS THAT WENT UP AND DOWN THE STREET DUMP TRUCKS, 18 WHEELERS.
SO IT WASN'T JUST ONE TRUCKING COMPANY.
IT MIGHT'VE BEEN MULTIPLE BECAUSE I'M SURE THE CITY USED A MULTITUDE OF SUBCONTRACT THERE'S ON THAT PROJECT.
AND AGAIN, IT COMES DOWN TO USE.
AND ALSO, UM, EGOS OR JAMES ONE LAST QUESTION FROM ME, AND THEN OF COURSE, COUNSEL MAY HAVE SOME QUESTIONS, UM, IN REFERENCE TO WHAT WE CAN OR CANNOT, UH, OVERSEE ON PRIVATE STREETS.
CAN, ARE WE ABLE TO PUT SOME TYPE OF ORDINANCE OR SOMETHING IN PLACE TO, OR, OR IS THAT NOT ALLOWED AS LONG AS IT'S A PRIVATE STREET SO THAT WE CAN MANAGE THE ISSUES THAT THEY ARE HAVING? WHAT WOULD YOU, OH, GO AHEAD.
UM, WOULD THIS BE AN ORDINANCE WITH RESPECT TO MAINTENANCE OR, WELL, RIGHT NOW UNTIL THE COUNCIL MAKES A DECISION, WHAT, WHAT ARE OUR OPTIONS TO MAKE SURE THAT IT'S SAFE? LIKE MR. SEMPRA'S WAS MENTIONING, UH, SOME ISSUES WITH KIDS, I GUESS, DRIVING, UM, ATVS OR MOTORCYCLES OR WHATEVER UP AND DOWN THE STREET.
IS THAT SOMETHING, SINCE IT'S A PRIVATE STREET, I KNOW WE WOULD NOT BE ABLE TO OVERSEE THAT.
IS THAT SOMETHING THAT IF WE WERE TO PUT AN ORDINANCE OR SOMETHING IN PLACE, WE COULD MAKE SURE THAT OUR OFFICERS COULD COME OUT AND SITE SOMETHING LIKE THAT WITH RESPECT TO THE STATE LAW.
UM, AND YOU KNOW, I, I JUST WANT TO ADDRESS THE SPECIFIC CONCERNS THAT WERE BEFORE YOU TONIGHT.
UM, YOU KNOW, IN THE DOCUMENT THAT WAS PROVIDED TO YOU, AS WELL AS, UM, AND I DIDN'T GET INTO SPECIFICS, BUT WHAT WAS IN OUR PRESENTATION TONIGHT? UM, A LOT OF THE OFFENSES THAT HAVE TO DO WITH, UH, DRIVER'S LICENSES, UM, THOSE STATUTES DON'T PARTICULARLY INDICATE THAT THEY CAN BE ENFORCED ON PUBLIC STREETS OR HIGHWAYS ONLY.
SO THEORETICALLY, IF THERE WAS AN ISSUE WITH, UM, YOU KNOW, PEOPLE DRIVING WITHOUT A LICENSE OR UNDER AGE.
AND, YOU KNOW, I DON'T RECALL THE EXACT, UM, REGULATION REGARDING ATV SPECIFICALLY, BUT CERTAINLY MOTORCYCLES.
YOU NEED A, A VALID LICENSE WITH, I THINK IT'S A CLASS, UM, CERTIFICATION, UM, YOU KNOW, THAT THOSE ARE LAWS THAT THE POLICE DEPARTMENT CERTAINLY COULD ENFORCE ON, UM, PRIVATE STREETS, REALLY THE ONLY ONES THAT THEY CAN'T FALL UNDER THAT SPECIFIC SUBTITLE REGARDING, UM, YOU KNOW, THINGS LIKE THINGS, MORE HAVING TO DO WITH THE OPERATION OF A VEHICLE, LIKE SPEEDING, RUNNING A RED LIGHT, THINGS LIKE THAT.
BUT, UM, YOU KNOW, IF PEOPLE ARE DRIVING WITH, UH, THAT A LICENSE OR WITH A FORGE LICENSE OR LICENSE PLATE OR DRIVING A VEHICLE WITHOUT A LICENSE PLATE, THOSE CERTAINLY COULD BE ENFORCED ON PUBLIC AND PRIVATE STREETS, BOTH.
SO I GUESS THAT'S SOMETHING THAT WE NEED TO JUST COMMUNICATE OVER TO OTHER STAFF AND, UM, OUR PUBLIC SAFETY SO THAT THEY ARE AWARE THAT WE WOULD BE ABLE TO, UH, SITE AND MANAGE THOSE TYPES OF ISSUES.
[01:05:01]
ARE THERE ANY COUNCIL MEMBERS WHO WOULD HAVE ANY QUESTIONS FOR STAFF OR THE CITIZENS? THIS IS JOYCE.IF I MAY HOP IN AS WELL, REALLY QUICKLY, THERE IS ALSO A PROVISION IN THE TRANSPORTATION CODE THAT ALLOWS THE CITY TO DETERMINE BY ORDINANCE THAT CERTAIN RULES, THE ROAD SHOULD BE ENFORCED OR CAN BE ENFORCED.
IT ALSO AUTHORIZES THE COUNCIL TO ASSESS CHARGES AGAINST THE, UH, RESIDENTS OF THAT PRIVATE STREET IF THEY CHOOSE TO.
UM, BUT THERE ARE SOME ADDITIONAL OPTIONS IF DESIRED.
WHAT I JUST HEARD IS CONTRADICTORY TO WHAT THE SLIDE PRESENTATION SAYS REGARDING PRIVATE STREETS.
SO IT'S ALMOST LIKE HODGEPODGE ALL OVER AGAIN, DEPENDING ON WHO YOU TALK TO.
SO WE'LL, WE'LL GET THAT ALL CLARIFIED.
UM, SO THAT THERE'S ONE UNDERSTANDING GOING ON.
UH, CAUSE I KINDA, I THINK THERE WAS AN ERROR ON THE ACTUAL SPREADSHEET.
UM, I THINK THAT MIGHT BE MORE SO THE ISSUE THAN ANYTHING ELSE.
I THINK JAMES HAD MENTIONED, UH, SOMETHING ABOUT THE ERA IN THAT SECOND, UH, SENTENCE.
UM, SO WE'LL, WE'LL GET THAT CLARIFIED LONG STORY SHORT.
UH, BUT THANK YOU, MR. SANFORD'S WILL DEFINITELY CLARIFY THAT MAYOR FORT, LET ME JUST ASK ONE QUESTION TO THE COUNCIL OR TO THE ATTORNEY.
WE TALKED ABOUT THE THREE ELEMENTS OF LOCAL CODE TWO 11 ENTRY USE AND IMPROVEMENT.
AND I ASKED THIS QUESTION, DID THE CITY MAKE A DECISION NOT TO REPAIR ITS DAMAGES, DOING THE CONSTRUCTION ON ASHFORD ASHMONT ROAD, UH, BECAUSE THEY DIDN'T WANT TO BE VIEWED AS IMPROVING OR ACCEPTING THAT LAST ELEMENT OR THAT ONE INDEPENDENT ELEMENT, BECAUSE THEY'RE ALL INDEPENDENT OF ONE ANOTHER, BUT WHO MADE THAT DECISION? I MEAN, THERE ARE OBVIOUS DAMAGE IS CREATED BY THAT CONSTRUCTION.
MY QUESTION IS, DID THE CITY MAKE A DETERMINATION THAT THEY WERE NOT GOING TO REPAIR OR IMPROVE THE STREETS FROM THAT DAMAGE BECAUSE THEY DIDN'T WANT TO BE VIEWED AS IS COMPLYING WITH THAT LAST BULLET.
I THINK IT REQUIRES SOME INTERNAL INVESTIGATION AS WELL TO DETERMINE HOW WE GOT TO THIS POSITION BECAUSE THAT IN ITSELF WOULD JUST, JUST MAKE THIS CLEAR IN TERMS OF THE CITY'S RESPONSIBILITY.
WE WOULD HAVE TO LOOK AT THAT.
UM, WE'D HAVE TO GET WITH PUBLIC WORKS AND THE BILL, I BELIEVE IT'S ON THE LINE AS WELL THAT THE OPERATIONS TEAM WOULD HAVE TO LOOK AT WHETHER CLAIMS SPECIFIC CLAIMS WERE MADE ABOUT DAMAGE TO THE STREETS AT THAT TIME.
AND IF SO, WHETHER THOSE CLAIMS WERE FORWARDED ON IF THEY SHOULD HAVE BEEN OKAY.
AND CERTAINLY, BUT AS I SAID BEFORE, UH, UH, YOU DID TALK TO, UH, SHASHI SHASHI DID, UH, IT SOUNDS LIKE WE DID MAKE A CHALLENGE, UH, WITH REGARDS TO SIGNAGE, NOT TO UTILIZE ONCE WE WERE MADE AWARE OF IT, BUT, UH, UH, IF YOU HAVE SOME DOCUMENTATION FROM THE PAST, UH, UH, WITH, UH, UH, INFORMATION ABOUT THE DAMAGES, THEN, UH, PLEASE SEND THOSE FORWARD AND WE'LL LOOK ON OUR SIDE.
UH, BUT IF YOU HAVE SOME POLICE, UH, FORWARDED TO US AND THEN WE'D HAVE TO DETERMINE FROM THAT POINT, WHAT WOULD BE DONE.
ANY COUNCIL MEMBERS HAVE ANY QUESTIONS? YES.
THIS WAS FROM AN EMORY TWO THINGS.
ONE IS AS FAR AS THE MAINTENANCE AND THE REPAIR OF, OF DAMAGE THAT, UH, DECIDED, UH, AND I GUESS THIS IS DIRECTED TO, UH, THE SASHA AND WE HAD SITUATIONS BEFORE WHERE WE HAVE HAD DAMAGE TO THE PRACTICE RAPES AND WE CAME IN PREPARED ON
THAT WOULD, UM, THE AFTER
I THINK YOU KIND OF BROKE UP THERE, BUT IF I WANT TO REPHRASE YOUR QUESTION, ARE YOU ASKING THAT, ARE WE AWARE OF ANY REPAIRS, UH, THAT, UH, ANY DAMAGES THAT OCCURRED DURING THE CONSTRUCTION? IS THAT WHAT YOU ASKED COUNCIL MEMBER? MY QUESTION WAS, HAVE WE HAD IN THE PAST MADE REPAIRS BECAUSE OF DAMAGE THAT WAS DONE BY A CONTRACTOR TO CROSS STREET, UH, COUNCIL MEMBER, AS I RECALL, UH,
[01:10:01]
THE CITY CREW AND STAFF HAVE NOT MADE ANY REPAIRS OR DAMAGES, UH, IN THE PAST OR SUBSEQUENT TO ASHMONT CONSTRUCTION, FROM WHAT I'M AWARE WITH MY TEAM, UH, THERE WAS A CONCERN THAT CAME TO US THAT THE, UH, ONE OF THE TRUCKING COMPANIES OR TRUCKING COMPANY WAS USING THE PRIVATE STREETS WHEN THAT CAME TO OUR ATTENTION, WE INSTALLED SCIENCE.UH, BUT AS I'M AWARE, UH, THERE WAS NO REQUEST OR CLAIM FOR DAMAGES THAT WAS SENT TO PUBLIC WORKS STAFF.
AND AGAIN, THIS QUESTION CAME NOW WE'LL LOOK INTO IT AND EVALUATE TO SEE IF THERE WAS ANY REQUESTS TO REPAIR