* 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. [00:00:01] GOOD EVENING. [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. PRESENT COUNSEL COUNSEL. 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. I'LL BE A ROLL CALL. 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 POLICE CHIEF MIKE BARISONE CITY ENGINEER'S JOSHIE KUMAR, CHIEF BEARS IN ASSISTANT DIRECTOR OF PUBLIC WORKS. IS THERE ANYONE ELSE PRESENT THAT I DID NOT CALL YOUR NAME? I RECOGNIZE RESOURCES AND ORGANIZATIONAL DEVELOPMENT. MARTIN. HERE WE DO. ANTHONY MIRRORLESS JOINED. OKAY. THANK YOU ANTHONY. ANYONE ELSE? MAYOR? MARTIN RUSSELL IS HERE. OKAY. CLEAN BEAR. 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. OKAY. 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. A SURE. NO PROBLEM. OKAY. ANYONE HAS THE, UH, LIVE STREAM ON, ON THEIR BROWSER. PLEASE SHUT DOWN THE BROWSER, BUT I'LL KEEP CHECKING. OKAY. OKAY. WE CAN START. OKAY. WE WILL START [(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 PRESENTING. AND WE DO HAVE FIVE PEOPLE WHO ARE HERE TO SPEAK. SO ONCE THE PRESENTATION IS DONE, I WILL LET THOSE FIVE CITIZENS SPEAK. GO [00:05:01] AHEAD, JAMES. ALL RIGHT. UH, GOOD EVENING, MAYOR AND COUNCIL. I HOPE YOU ALL HAD A WONDERFUL HOLIDAY WEEKEND. MMM. 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. OKAY. YES. 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. OKAY. 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. OKAY. 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. OKAY. 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. THANK YOU. 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. THANK YOU GUYS FOR YOUR TIME. THANK YOU, JAMESON. GOOD EVENING, MAYOR AND COUNCIL. I JUST WANT TO MAKE SURE YOU'RE ABLE TO HEAR ME. YES, WE CAN HEAR YOU SHASHI. 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. NEXT SLIDE, PLEASE. 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. NEXT SLIDE, PLEASE. 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. IT SHOULD BE 28. UH, WHEN WE MEASURE THE, UH, PAYMENT WITH, UH, AT THE OUTSIDE TODAY, IT'S RANGES BETWEEN 24 TO 25 FEET. SO IT'S SLIGHTLY NARROWER. 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. SO THIS IS A BIG DIFFERENCE. 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. NEXT SLIDE, PLEASE. 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. NEXT SLIDE PLEASE. 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. IT'S 2.3 LANE MILES. 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. UH, NEXT SLIDE PLEASE. 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. HERE IT IS 19. 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. NEXT SLIDE PLEASE. [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. NEXT SLIDE PLEASE. 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. AND CLIFF IS HERE AS WELL. THANK YOU, MAYOR AND COUNCIL JAMES IS AT THE END OF THE PRESENTATION. YES, MA'AM. OKAY. ALRIGHTY. WE WILL MOVE ON TO OUR RESIDENTS. AND THE FIRST PERSON I HAVE SIGNED IS DILBERT. SIMPERS SURE. GOOD EVENING, MAYOR AND COUNCIL. WE CAN HEAR YOU. OKAY. I'D LIKE TO RESERVE MY TIME TO GIVE IT TO JIM FONTANELLE AND I WILL. OKAY. THAT IS, THAT'S FINE. YOU'RE WELCOME. THE NEXT PERSON I HAVE SIGNED UP IS WILLIE JONES. WILLIE JONES. HEAR ME? WE CAN HEAR YOU NOW. OKAY. UH, I, UH, I ALSO YIELD MY TIME TO MR. POSSIBLE. OKAY. THE NEXT PERSON IS DON BAILEY. DON BAILEY. YES. I'D LIKE TO, UH, GIVE JIM FONT. NO, MY TIME. OKAY. AND TRINA POWERS. 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. OKAY. AND MR. FONTENEAU, YES. MA'AM. YOU CAN GO AHEAD. YOU WILL HAVE, IT LOOKS LIKE YOU'RE GOING TO HAVE 35 MINUTES. YEAH. AND, AND, AND YES, THANK YOU, MAYOR FORD. AND NOW TRY TO BE BRIEF. 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'M SORRY. YOU'LL HAVE 15 MINUTES. OH, OKAY. THANK YOU. I'LL TRY AGAIN. I PROBABLY WON'T HAVE TO USE ALL OF THAT AS I MENTIONED. THAT'S OKAY. 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. YES. SOMEONE'S PHONE WASN'T MUTED. 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. WE HAVE VIDEOS OF IT. 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 WON'T GET INTO DETAIL. 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. IT'S VERY CLEAR STEP BY STEP. 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. IT'S VERY CLEAR. 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. THANK YOU, JIM. THIS IS DEL SEMPER'S. MR. SANCHEZ. JUST A MINUTE. 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. THANK YOU. 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. AND THAT IS USE. 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 THAT'S ALL I HAVE. 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. I'M GOOD. WELL, LET'S JUST CLOSE ON THIS WEEK. WE ARE PLEASED THAT, THAT THE COUNCIL IS TAKEN UP THIS MATTER. IT'S LONG OVERDUE. 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. ONE IS IN THUNDERBIRD. 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. THANK YOU. THANK YOU. THIS IS MAYOR FORD JAMES. 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. MMM. 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. OKAY. OKAY. THE MAYOR, THE SPILL. 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. OKAY. SO, OKAY. I MAY, THIS IS JOYCE. IF I MAY HOP IN REALLY QUICKLY, I BELIEVE SHE HAS SOME INFORMATION ABOUT SOME CONCERNS THAT WERE BROUGHT UP IN 2018. SHASHA IF YOU COULD [01:00:01] HOP IN HERE. THANK YOU. 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. UM, MR. UH, . 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. THANK YOU. OKAY. SO IF YOU GUYS CAN LOOK FURTHER INTO THAT. YES, YES, SIR. GO AHEAD. THIS IS DELL SEMPER'S AND, AND SPECIFICALLY THERE WASN'T JUST ONE OR TWO CALLS. IT WAS A FEW OF THEM. 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. THANK YOU. THANK YOU. 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. 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. OKAY. 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. UM, DOES ANY, [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. OKAY. OKAY. I HATE THE BUTTON. 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. OKAY. 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. WE GOT VIDEOS OF IT. 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. THIS IS REALLY SERIOUS. 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. OKAY. UM, EGOS OR BEALE YES. 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. THANK YOU. ANY COUNCIL MEMBERS HAVE ANY QUESTIONS? YES. GO AHEAD. MAYOR FORD. 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 COUNCIL MEMBER OF THIS IS SHASHI. 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 OR FOR DAMAGES THAT CAME IN. BUT AS FAR AS I'M AWARE, NO REQUEST OR CLAIMS FOR DAMAGES WERE MADE, UH, DURING OR AFTER CONSTRUCTION OF ASHMONT SHASHI. AND I THINK THE QUESTION WAS, IF HE CAN HEAR ME CLEARLY, IS IT, ARE THERE ANY OTHER SITUATIONS OTHER THAN ASHMONT OR THE SITUATION THAT WAS JUST PROVIDED THAT WE YOU'RE AWARE OF, THAT WE HAVE DONE THAT IN THE PAST ON A DIFFERENT PROJECT WHERE THERE MAY HAVE BEEN A SUB SUBSEQUENT DAMAGE AS A RESULT OF A PROJECT THAT WE DID. AND WHAT DID WE DO IN THOSE CASES? AND THE, LET ME SEE, CLIFF IS ONLINE BILL AND HE'S DIRECTLY OR STREETS MAINTENANCE AT CLIFF. IF YOU'RE THERE, CAN YOU ADDRESS THAT QUESTION? I DON'T HEAR HIM. UM, WE QUIT FOR YOU THERE. UH, IF NOT, UH, UH, BILL, WE WILL HAVE TO LOOK INTO THIS AND PROVIDE A RESPONSE TO COUNCIL, BUT I'M NOT AWARE OF ANY AT THIS POINT AND MAYOR AND COUNCIL GENERALLY, AND DAN ARE A CITY ATTORNEYS CAN SPEAK TO THIS, BUT THE CONTRACTORS THAT DO WORK HAVE TO CARRY, UH, POLICIES FOR SITUATIONS SUCH AS THIS. AND THEY WOULD BE THE PERSON MOST LIKELY LIABLE IN THIS SITUATION FOR PERFORMING THE WORK. AND SO IT WOULD BE, UH, SOMETHING THAT THEY WOULD BE, IT WOULD BE BROUGHT TO THEM. SO A LEGAL MAY WANT TO STEP IN ON THAT, BUT THAT WAS GENERALLY BE THE CASE, CORRECT. OR A CLAIM WOULD BE FILED WITH THE CITY'S RISK POOL. THE RISK POOL MIGHT COVER THE, UM, THE IMPROVEMENT, BUT THEN THE CITY WOULD, OR THE RISK POOL WOULD THEN GET THE MONEY BACK FROM THE CONTRACTOR. SO YEAH, GENERALLY THAT WOULD BE HOW IT WOULD WORK. UH, THIS MAY OR MAY NOT HEAR ME. HELLO, GLENN, CAN Y'ALL HEAR ME NOW? CAN YOU HEAR ME NOW? YES. DO YOU STILL WANT ME TO, YES, GO AHEAD. GLYPHS. I HOPE YOU UNDERSTOOD THE QUESTION. IF YOU HAVE SOMETHING TO SAY, I THINK THE QUESTION WAS ASKED IS IN THE EVENT THAT THE CONTRACTOR A CITY'S CONTRACTOR WERE TO DAMAGE, OR THAT HAS HAPPENED IN THE PAST, HAS THE CITY GONE AND DONE ANY REPAIRS? I THINK THAT WAS THE QUESTION. SO IF YOU COULD ADDRESS THAT, PLEASE. SURE. KNOW OF ANY SPECIFIC INSTANCES WHERE WE'VE HAD PRIVATE STREET DAMAGE, BUT ANYTIME THAT, UH, ONE OF OUR CONTRACTORS DOES DAMAGE TO PRIVATE PROPERTY, WE TYPICALLY HAVE THEM GO BACK AND REPAIR IT. WE'VE DONE THAT WITH LIKE SPRINKLER SYSTEMS AND, AND SAW IT. AND IF WE'VE, IF WE'VE BROKEN THEIR DRIVEWAY, THOSE TYPES OF THINGS. SO SOME OF THE MINOR, MINOR THINGS THAT CONTRACTORS MAY HAVE DONE, BUT WE'VE ALWAYS GOTTEN THE CONTRACTOR TO GO BACK AND REPAIR THOSE WHEN THEY'RE BROUGHT TO OUR ATTENTION. I DON'T KNOW IF THAT KIND OF ANSWER, BUT NOT, NOT ANYTHING PARTICULAR ON ANY KIND OF PRIVATE STREET WHERE WE'VE HAD ANY ISSUES WITH CONTRACTORS TEARING UP ROADWAY AS THEY'VE GONE THROUGH AN AREA. THEREFORE WE'RE REALLY STRUGGLING WITH SOMETHING HERE IN TERMS OF CLAIMS AND NOTIFYING THE CITY. REMEMBER KEEP THIS IN MIND. THE CITY CAME THROUGH AND DID NOT ASK ANYONE'S PERMISSION TO USE THOSE STREETS. I MEAN, PRIVATE STREETS, IF, IF IT'S REALLY PRIVATE, SOMEONE HAS TO GET PERMISSION TO DO WHAT THEY DID. SECONDLY, IF YOU LOOK AT THE PHOTOS AND AGAIN, WE I'M GOING TO SEND THESE GUYS VIDEOS OF THIS THERE'S BULLDOZERS OUT ON THE ROAD, ACTUALLY TEARING IT UP REAL TIME. UH, NO ONE, I DON'T THINK MR. DELBERT SIMPERS MENTIONED ANYTHING ABOUT THE, UH BULLDOZES, BUT HE DID MENTION SOMETHING ABOUT TRANSPORT TRUCKS AND DUMP TRUCKS THAT WERE STAGED ON CREEK WASTE CIRCLE, LITERALLY TORE HIM UP. THE, THE, THE, THE QUESTION THAT SHOULD BE ASKED RIGHT NOW IS DID THE CITY USE IT, DID THE CITY MAKE DAMAGES AND WHO WOULD HAVE TO FILE A CLAIM? THE CITY HAS A CONTRACT WITH THE CONTRACTOR, AND YES, THEY PROBABLY HAVE LIABILITY INSURANCE, BUT IS IT THE PUBLIC'S [01:15:01] RESPONSIBILITY TO CHALLENGE THE CONTRACTOR? I DON'T THINK SO. SO I THINK WE'RE SPINNING OUR WHEELS ON THIS TO BE VERY POLITE ABOUT IT. AND I THINK THE CITY REALLY NEEDS TO RECONSIDER WHAT THEY'RE TALKING ABOUT RIGHT NOW, BECAUSE WE DON'T HAVE ANY AUTHORITY TO FILE A CLAIM WITH THE CONTRACTOR. THE CONTRACT IS UNDER THE JURISDICTION AND AUTHORITY OF THE CITY. THE CITY LITERALLY CAME IN AND CLOSED DOWN CREEKWAY SOCIAL IN ORDER FOR DUMP TRUCKS TO LINE UP AND RECEIVE DIRT, CONCRETE, BROKEN, CONCRETE, ET CETERA. I MEAN, ALL OF THESE THINGS SHOULD BE DOCUMENTED IN, IN, IN, IN THE REPORTS, IN, IN THE CITY'S REPORTS. I DON'T THINK ANY OF THE PUBLIC OR THE RESIDENTS HAD A RESPONSIBILITY WHATSOEVER NO MORE THAN I DO ON MY PUBLIC STREET TO FILE A CLAIM. NOW, IF I RAN INTO SOMETHING AND IT DESTROYED MY CAR, MAYBE MY PERSONAL VEHICLE, I COULD FILE A CLAIM. BUT IN THIS CASE, THE CITY, WITHOUT PERMISSION CAME IN AND USE THE SCRAPES, THEY DIDN'T ASK ANY PERMISSION. THEY DID EVERYTHING THAT THEY WOULD NORMALLY DO ON A CONSTRUCTION SITE WITHOUT PERMISSION. I REALLY QUESTIONED WHETHER WE'RE SKIRTING AROUND THE ISSUE OF WHETHER OR NOT THE, THE LANDOWNER TRULY INTENDED FOR THOSE STREETS TO BE PUBLIC. AND THAT'S WHAT WE SHOULD BE DEALING WITH. WHETHER OR NOT IT'S PUBLIC OR PRIVATE, WE'RE JUST KIND OF GOING AROUND IN CIRCLES. AND THAT'S NOT FAIR TO THE PUBLIC. GO AHEAD. GO AHEAD. CANCELING YOUR MEMORY. YEAH, MY INTENT WASN'T TO TRY TO SELECT A R R PASS OFF WHO HAD THE RESPONSIBILITY TO, UH, UH, TO MAKE A CLAIM. I THINK THAT'S SOMETHING THAT, UH, THE, UH, THE LAND OWNERS SHOULD NOT, THIS IS MY OPINION NOW SHOULD NOT BE REQUIRED TO THAT, TO, UH, FILE THOSE CLAIMS. I THINK THEY SHOULD BRING IT TO THE CITY'S AND THE CITY SHOULD, UH, CARRY THE BALL FORWARD AS TO WHETHER OR NOT THERE WAS DAMAGES AND HOW TO RECOVER ANY COSTS TO REPAIR THOSE DAMAGES. SO, UH, MAYBE MY WORK WAS DONE WELL. I, I UNDERSTAND THAT, BUT MY, UH, MY ORIGINAL COMMENT, WASN'T TRIED TO DEFLECT OR PASS OFF A RESPONSIBILITY TO THE LAND OWNERS. SO, UH, AS I SAID, I, I THINK THAT'S SOMETHING THAT, UH, UH, SHOULD BE, UH, WITHIN THE CITY'S, UH, UH, AREA OF RESPONSIBILITY BASED ON, UH, CLAIMS THAT, UH, UH, THAT THE LAND OWNERS HAVE BROUGHT FORWARD TO US. KEN MAYOR, MAYOR, FOR ONE LAST THING, THE KEY TO THIS ON THIS ONE SUBJECT, WHICH IS USE NOW, IF I, THIS IS DELBERT SEMPRAS. IF I HADN'T CALLED NUMEROUS TIMES, UH, DO I HAVE A RESPONSIBILITY TO CALL BECAUSE THEY WERE USING IT, THE CITY, THE PLANNING DEPARTMENT, THE PUBLIC WORKS DEPARTMENT, QUOTE, UNQUOTE, THOUGHT IT WAS A PRIVATE STREET YET THEY USED IT. SO THE QUESTION COMES UP IS YOU LOOSE ENOUGH TO MAKE A STREET PUBLIC? THAT'S THE REAL QUESTION, MAYOR, IF I COULD REALLY QUICKLY CLARIFY A, THE MAYOR AND COUNCIL OF A PRIVATE CONTRACTOR USED A PRIVATE STREET OR USED THE STREETS, THEY WERE RESPONSIBLE FOR THE CONSTRUCTION, THE SETUP AND THE METHODOLOGY IN WHICH THEY DID THAT. AND SO THAT'S THE PARTY THAT, UH, WOULD NEED TO TAKE A LOOK AT THIS AND BE HELD RESOURCE TO THE CITY. I JUST WANT TO CLARIFY, THE CITY DID NOT DO THE PROJECT. A PRIVATE CONTRACTOR DID THE CON THE PROJECT FOR THE CITY, BUT THE PRIVATE CONTRACTOR WAS AN AGENT FOR THE CITY. LET'S BE CRYSTAL CLEAR. HE WAS AN AGENT FOR THE CITY MERE FORWARD. I HAVE SOME QUESTIONS. COUNCILOR BONO, GO AHEAD. UH, I HAVE A COUPLE OF QUESTIONS, ACTUALLY. FIRST QUESTION I HAVE IS FOR EITHER JAMES OR EGOS. UH, I WAS LOOKING AT THE DOCUMENT I RECEIVED IT BEFORE, BUT I KNOW WE RECEIVED IT AGAIN IN THE PACKET. IT'S, UH, IT'S THE RESTRICTION THAN COVENANTS GOVERNING PROPERTY AND LOTS IN METAL CREEK SUBDIVISION. AND I JUST WANTED TO GET SOME CLARITY, UH, ON THE PART IN THE B SECTION NUMBER THREE, THAT TALKS ABOUT MAINTENANCE OF COMMON PROPERTY. AND I JUST WANTED TO UNDERSTAND THE SIGNIFICANCE OF THIS DOCUMENT AND KIND OF, WE'VE BEEN TALKING ABOUT FLATS AND, UM, YOU KNOW, PRIVATE VERSUS PUBLIC. I JUST WANT TO MAKE SURE I UNDERSTAND WHAT THIS DOCUMENT IN THE, IN THE VERBIAGE IN HERE THAT [01:20:01] TALKS ABOUT PRIVATE STREETS AND IT, UH, I JUST WANT TO MAKE SURE I UNDERSTAND SO THAT I CAN, I CAN MAKE A, HAVE A BETTER, BETTER INFORMED UNDERSTANDING OF THIS. THANKS FOR YOUR QUESTION, COUNCIL MEMBER BONEY. UM, AND I DON'T HAVE THAT DOCUMENT IN FRONT OF ME, BUT I'VE REVIEWED IT. SO I THINK I COULD SPEAK TO THAT. UM, I BELIEVE THE SECTION TO WHAT YOU REFER, UM, DOES MENTION PRIVATE STREETS IN, UM, MEADOWCREEK SECTION FOUR. THESE WOULD BE THE DEED RESTRICTIONS THAT GOVERN SECTION FOUR. SO THAT WOULD PROVIDE SOME EVIDENCE TO THAT. UM, SOME AT LEAST SOME OF THE STREETS IN MIDDLE CREEK SECTION FOUR WERE INDEED INTENDED TO BE PRIVATE, HOWEVER, EVEN ABSENT REFERENCES TO PRIVATE STREETS, WHICH I THINK THE DEED RESTRICTIONS SAY, UM, THE IMPROVEMENT AND MAINTENANCE THEREOF ARE COMPLETELY WITHIN THE PURVIEW OF THE ASSOCIATION. UM, I THINK EVEN ABSENT THAT, YOU KNOW, THEIR DEFINITION OF COMMON PROPERTY IS ANYTHING, ANY PROPERTY THAT'S DEPICTED. THAT'S NOT A RESIDENTIAL LOT. SO THEREFORE THE STREETS WOULD BE CONSIDERED COMMON PROPERTY. AND, UM, I COULD PULL IT UP IF YOU WANT ME TO BE SPECIFIC, BUT I THINK THE VERBIAGE THAT THEY USE STATES THAT THE, WELL, WHAT, I GUESS WHAT I'M TRYING, I GUESS, WHAT I'M UNDERSTAND, TRYING TO UNDERSTAND IF WE RECEIVED THIS DOCUMENTATION, UH, FOR OUR REVIEW AND AS WE'RE REVIEWING ALL OF THIS AND WE RECEIVED SO MUCH, I JUST WANT TO MAKE SURE I UNDERSTAND CLEARLY BECAUSE IT SPEAKS TO PRIVATE STREETS, IT SPEAKS TO PLATTS AS PRIVATE STREETS AND, UH, THE PROPER MAINTENANCE, UPKEEPING REPAIR OF THE COMMON PROPERTY. AND I JUST WANT TO MAKE SURE I UNDERSTAND THE SIGNIFICANCE OF THIS VERSUS THE PLAN ITSELF AND ANY OTHER DOCUMENTATION THAT WE RECEIVED, UH, THAT HAS BEEN TALKED ABOUT, BECAUSE I GUESS MY MAIN CONCERN IS OF COURSE, ENSURING THAT THE PATIO HOMEOWNERS GET SOME SORT OF ANSWERS AND SOLUTIONS. UH, AND IF THERE ARE ANY OTHER OPTIONS OR ALTERNATIVES, I JUST WANT TO MAKE SURE I UNDERSTAND WHAT'S GOING ON FULLY AND THAT WE ALL DO, BECAUSE THAT KIND OF IS INTERESTING TO ME. CAUSE I DON'T QUITE UNDERSTAND, YOU KNOW, WE RECEIVED IT FOR OUR REVIEW, BUT I JUST WANTED, I JUST WANT YOU TO BREAK THAT DOWN FOR ME PLEASE. COUNCILMAN BONNIE, YOU BRING UP A GOOD QUESTION. I JUST HAD FALLEN TO KNOW, I BELIEVE COUNSEL WITH BUNNY. YEAH, NO, I WAS ASKING JAMES IF HE COULD, IF HE COULD EXPLAIN THAT FOR ME. SURE. AND I I'VE JUST PULLED IT UP JUST TO MAKE SURE THAT I'M INTERPRETING THE LANGUAGE TO WHICH YOU REFER, BUT YES. UM, NO, THIS IS JUST ALONG WITH THE, UM, NEW, SOME OF THE OTHER DOCUMENTATION THAT'S BEEN PROVIDED THAT KIND OF IS EVIDENCE THAT POINTS TO THE FACT THAT THESE STREETS ARE PRIVATE. UM, YOU KNOW, THE DEED RESTRICTIONS IS JUST ANOTHER PIECE OF DOCUMENTARY EVIDENCE WOULD SUGGEST THAT, UM, YOU KNOW, LET'S SENSE THAT A PORTION OF, UM, AND I'M TRYING TO READ QUICKLY HERE, UH, YEAH, WITH RESPECT IT PRIVATE STREETS AND I'M LOOKING AT AND, UM, IT SAYS THAT THEY ARE, UH, THE METAL CREEK ASSOCIATION HAS THE FULL CONTROL AND DISCRETION WITH RESPECT TO IMPROVEMENTS AND MAINTENANCE. UM, THE CITY'S ANALYSIS IS THAT EVEN ABSENT THAT PROVISION, UH, BECAUSE IT DOES MAKE REFERENCE TO, UH, PRIVATE STREETS THAT ARE DESIGNATED ON THE PLAT. AND, UM, YOU KNOW, THE, THE PLAT DOESN'T DOESN'T SPECIFICALLY MENTION PRIVATE STREETS, HOWEVER, UM, THE CITY'S POSITION IS THAT EVEN ABSENT THAT SPECIFIC PROVISION, UM, COMMON PROPERTY AS IT'S DEFINED HERE IN A PROPERTY THAT ARE, THAT'S NOT DESIGNATED AS A BUILDING BLOCK. SO BASICALLY ANYTHING THAT'S NOT A RESIDENTIAL LOT IS CONSIDERED COMMON PROPERTY BY THIS DEED RESTRICTION. AND, UM, IT'S SAYS, AND I'M LOOKING AT THREE B NOW THAT, UH, COMMON PROPERTY THAT'S NOT DESIGNATED AS A PRIVATE STREET SHALL BE IMPROVED, MAINTAINED A NEW SOLELY FOR THE BUILDING LOT OWNERS, THEIR GUESTS, INVITEES AND LICENSEES, UM, AND THEN GET THEM DOWN AND SAYS THAT THEY ARE, UM, IT SAYS METAL CREEK ASSOCIATION SHALL HAVE FULL CONTROL AND DISCRETION WITH THE [01:25:01] DETAILS AND LOCATIONS, SUCH ITEMS AS WELL AS IMPROVING AND MAINTAINING SAYING. SO BASICALLY IT'S, IT'S TWO, UM, TWO ASPECTS TO CONSIDER HERE. IT'S SAYING THAT PRIVATE STREETS ARE WITHIN THE PURVIEW OF THE ASSOCIATION TO IMPROVE AND MAINTAIN, BUT EVEN IF THE ARGUMENT HOLDS THAT, UM, THE PLANT DOESN'T SPECIFICALLY DESIGNATE PRIVATE STREETS, WHICH IT DOESN'T, BUT, UM, YOU KNOW, EVEN WITHOUT THAT SECTION, IT STILL SAYS THAT COMMON PROPERTY, WHICH THE STREETS WOULD FALL UNDER WOULD BE, UM, WITHIN IT USES BASICALLY THE SAME LANGUAGE. THE COMMON PROPERTY IS, UM, IN THE, WITHIN THE FULL CONTROL AND DISCRETION WITH REGARD TO IMPROVEMENT AND MAINTENANCE OF THE ASSOCIATION AND NOT THE CITY OR ANY OTHER PARTY. OKAY. FOR MAYOR FORD. LET ME JUST SAY ONE THING, ACCORDING TO THEIR POINT OF ORDER. I HAD ANOTHER QUESTION FOR THE CITY ATTORNEY. GO AHEAD. GO AHEAD, COUNSELOR. THANK YOU. I APPRECIATE IT. UM, THE OTHER QUESTION I HAVE, UH, IE, JOYCE AND OR JAMES, UH, WE JUST RECENTLY HAD A, UH, PRESENTATION ABOUT PUBLIC IMPROVEMENT DISTRICTS PEDS, UH, WITH SOMETHING LIKE THIS, IS IT POSSIBLE TO ESTABLISH SOMETHING LIKE A PIT OR THE HOMEOWNERS IN METAL CREEK, THE PATIO HOMEOWNERS, WHERE, UM, THEY WOULD BE ABLE TO BE, UH, PLACED IN A PIT AND CAN PAY FOR ANY IMPROVEMENTS OVER TIME VERSUS PLACING THIS, UH, ITEM SOLELY AT THE FEET OF THE CITY, ESPECIALLY IN LIGHT OF THE COMMENTS FROM LEGAL, THE POTENTIAL COST IMPLICATIONS AND THE POTENTIAL THAT THIS COULD OPEN UP PANDORA'S BOX ACROSS THE CITY WITH OTHER AREAS THAT HAVE BEEN DEEMED PRIVATE. THIS IS JOYCE. UM, YES SIR. IF A MAJORITY OF THE PROPERTY OWNERS IN THE AREA ELECT TO A PIN ON THE PROPERTY, IT MAY BE POSSIBLE TO CREATE A PIT. WE WOULD NEED TO LOOK AT THAT A LITTLE FURTHER, BUT IT, IT MIGHT BE. THANK YOU. YES. I BELIEVE, UM, A QUESTION FOR MR. . IS HE STILL THERE? YEAH, I'M STILL HERE. UM, WHEN I LOOKED AT THE DEED RESTRICTION, IT SAID THAT THE, UH, HOMEOWNERS ASSOCIATION WAS RESPONSIBLE OR, OR THE HOMEOWNERS ARE RESPONSIBLE FOR THE PARKING AREA, THAT PARKING AREAS SPECIFICALLY DIFFERENT THAN THE ACT TO A STREET ITSELF. IF YOU LOOK AT THE PICTURES. SO I THINK THAT'S WHAT, SOMEWHERE ALONG THE LINE, SOMEBODY STARTED CALLING THE PRIVATE PARKING AREA THE SAME AS THE PRIVATE STREETS AND IT'S NOT THE SAME. OKAY. WELL, ANY, ANY OTHER COUNCIL MEMBERS HAVE ANY QUESTIONS? YEAH, GO AHEAD. ALL RIGHT. THANK YOU MAYOR. SO THE TWO THINGS THAT STAND OUT FOR ME ARE THE SAFETY. AND THEN THE THING THAT WE KEEP TALKING ABOUT AS YOU, SO I KNOW THE COUNCIL MEMBER EMORY BROUGHT UP SAFETY LAST TIME, AND I KNOW MARY, YOU JUST TOUCHED ON IT. SO IF THERE IS ANYTHING WE COULD DO LOCALLY TO CLEAR THE CONFUSION, I THINK THAT'S THE RIGHT THING TO DO ALONG THE LINES OF USE TO KEEPS COMING UP IN OUR READ THROUGHOUT THE DOCUMENTS. DO WE HAVE AN ANSWER FOR THAT THIS EVENING? AND I ADDRESSED THAT QUESTION TO EGOS AND OR JAMES JAMES, GO AHEAD. WHAT WAS THE QUESTION IS WHETHER USE CONSTITUTES ACCEPTANCE. YES. I THINK THAT WE WOULD NEED TO LOOK AT WHATEVER HAPPENED WHEN ASHMONT WAS CREATED AND WE WOULD NEED TO DETERMINE WHETHER WHATEVER OCCURRED WAS SUFFICIENT ENOUGH TO, UM, TO BECOME YOUTH FOR THE PURPOSES OF ACCEPTANCE. I THINK THOUGH JAMES MENTIONED IN HIS SLIDE THAT IF DESIRED, THE CITY COULD FILE A PETITION FOR A DETERMINATION, A DECLARATORY JUDGMENT IS ESSENTIALLY BY A COURT TO DETERMINE WHETHER THE THREE THAT FELT THE PUBLIC. SO THAT'S ANOTHER OPTION INSTEAD OF, UM, BUT THAT'S ANOTHER OPTION THAT YOU ALL COULD, COULD TAKE. OKAY. THANK YOU. YEAH, MAYOR FORT ME, MAY I MAKE ONE SUGGESTION? THIS IS FUN TO KNOW SOMEONE BORN AND RAISED [01:30:01] POINT RELATIVE TO A SECTION FOR DEED RESTRICTIONS, PAGE TWO, ARTICLE B ITEMS, THREE MAINTENANCE OF COMMON PROPERTY. AND I THINK HIS FOCUS WAS ON THE SEGMENT THAT DEALT WITH PROPERTY DESIGNATED ON THE RECORDED. PLAT IS PRIVATE. MAY I ASK THAT THE COUNCIL GET A COPY OF QUAIL VALLEY PATIO HOMES, PLAQUE, AND YOU'RE GOING TO SEE IDENTICAL LANGUAGE PROVISION IN THEIR DEED RESTRICTION FACT, IT'S ALMOST A MIRROR IMAGE. DON'T PAGE TWO. UH, I THINK IT'S SECTION THREE IN THE PATIO HOME, SUCH AN INQUIRY VALLEY. THE ONLY DIFFERENCE IS THE LANGUAGE. AND I WOULD SUGGEST THAT THE ATTORNEY REVIEW THE PLATTE LANGUAGE, WHICH CLEARLY MAKES IT DIFFERENT FROM THAT OF SECTION FOUR, BUT IT SUGGESTS THAT A PROCESS WAS IN PLACE AND THAT THE COMMISSIONERS, THE ZONING COMMISSIONERS AND THE, UH, UH, PROFESSIONAL ENGINEERS FOLLOWING THE LETTER OF THE LAW. SO I WOULD SUGGEST THAT YOU GUYS LOOK AT QUAIL VALLEY PATIO HOME WITH PLAT AND THE DEED RESTRICTIONS BY THE WAY, WHICH ARE IDENTICAL ALMOST IN THAT SECTION UNDER COMMON, UH, UH, MAINTENANCE OF COMMON PROPERTY. IT'S IDENTICAL TO SECTION FOUR AND THEN LOOK AT THE PLAT LANGUAGE. THANK YOU. ANY OTHER COUNCIL MEMBERS, COUNCILMAN EMORY? I WOULD, UH, ASK, UH, UH, CHIEF BEARS THEN IF, UH, UH, THE, UH, ISSUES THAT HAVE BEEN BROUGHT SAFETY AND WHETHER OR NOT, UH, WE HAVE JURISDICTION, UH, OR THE, UH, MONITOR AND POLICE, UH, DIFFERENT APPELLATIONS, IF NOT A SUGGESTION IS TO EACH VICE, BROUGHT IT UP AS FAR AS, UM, MAYBE HAVING AN ORDINANCE THAT WOULD ALLOW US TO DO SOMETHING, UM, THAT WOULD, UH, I THINK NOT, MAYBE NOT, NO BROUGHT MAYOR. I CAN WEIGH IN ON THAT. THE CHIEF BEARS. AND THANK YOU, MIKE. UH, BOTTOM LINE IS WE ENFORCE EVERY LAW OUT THERE WITH THE EXCEPTION OF SEVERAL, UH, TRANSPORTATION CODE VIOLATIONS, BASICALLY RULES OF THE ROAD. AND JAMES SPELLED THAT OUT, MOSTLY IN HIS PRESENTATION. SOMETIMES THE CONFUSION COMES WITH OFFICERS WHEN IT COMES TO ABANDONED VEHICLES, BECAUSE MOST OFFICERS ARE VERY ADEPT IN THE UNDERSTANDING OF ABANDONED VEHICLES WHEN IT COMES TO TRANSPORTATION CODE FOR MEANING, UH, REMOVING THEM FROM A PUBLIC ROADWAY. SOMETIMES THEY'RE NOT UP TO SPEED ON THE FACT THAT OUR CITY ORDINANCE ALLOWS US TO REMOVE THEM ALSO THE CHALLENGE WITH REMOVING THEM FROM PUBLIC OR FROM PRIVATE ROADWAYS OR FROM PRIVATE PROPERTY, BECAUSE WE HAVE TO HAVE SOMEONE THAT'S CLAIMING OUR RURAL STEP FORWARD AND SAY, I'M RESPONSIBLE FOR THE PROPERTY. AND I DO NOT WANT THIS VEHICLE ON THE PROPERTY. AND THAT'S WHERE THE CHALLENGE COMES FROM BECAUSE SOMETIMES WE HAVE PEOPLE ARGUING THAT IT'S A PUBLIC STREET, SOME ARGUED AS A PRIVATE STREET. IT'S USUALLY COME FROM RESIDENTS, NOT NECESSARILY FROM MR. FONTENEAU. HE'S VERY KNOWLEDGEABLE AND THIS ENTIRE PROCESS ON WHAT THE, UH, UH, THE PLATT SAYS AND, AND WHAT CERTAINLY WHAT HE BELIEVES THE CITY SHOULD BE DOING. AND I'M NOT GOING TO WEIGH IN ON THAT BY ANY STRETCH, BUT HE, JOYCE COVERED IT VERY WELL UNDER TEXAS TRANSPORTATION CODE, SECTION FIVE 42, ZERO ZERO EIGHT. THE CITY COUNCIL CAN ENACT AN ORDINANCE THAT WOULD GIVE THE POLICE DEPARTMENT, THE AUTHORITY TO ENFORCE TRAFFIC VIOLATIONS ON THOSE PRIVATE STREETS. IN THE EVENT THAT YOU DO, THAT YOU MIGHT HAVE TO DO IT FOR ALL THE OTHER PRIVATE STREETS. I KNOW MR. FONTENEAU MENTIONED EARLIER ABOUT, I THINK THE PATIO HOMES IN QUAIL VALLEY, IT'S A LITTLE SECTION RIGHT THERE NEAR THE, UH, THE CITY CENTER, UH, THAT ALSO WE RUN INTO THE SAME ISSUES OVER IN THAT AREA. NOW, THOSE FOLKS ACTUALLY TOW CARS THEMSELVES, AS WELL AS THE QUAIL VALLEY TOWNHOMES RIGHT ACROSS THE STREET FROM THE POLICE DEPARTMENT. SO WE DON'T REALLY RUN INTO THOSE ISSUES WITH THOSE OTHER PRIVATE STREETS BECAUSE THOSE HOS HAVE TAKEN IT UPON THEMSELVES TO REMOVE THE JUNK TO ABANDONED VEHICLES ON THEIR OWN, BY CONTRACTING WITH, UH, A TOW TRUCK COMPANY. SO WE DON'T ENCOUNTER THAT EXCEPT IN THE CREEK WAY CIRCLE AREA, WHERE THERE'S NO CONTRACT, UH, WE DO FOREST TRANSPORTATION CODE ISSUES, AND THOSE OTHER AREAS EITHER [01:35:01] FOR THE VERY SAME REASONS THAT WE DON'T ENFORCE TRANSPORTATION CODE VIOLATIONS ON CREEK WAY CIRCLE, HOPEFULLY THAT CLARIFIES SOME OF IT. THE DIFFERENCE STILL A CHIEF IS THAT IF YOU READ THE PATIO HOME THAT YOU JUST REFERRED TO DEDICATION, UH, THERE IS A LIEN ATTACHED TO THE RESIDENCE FOR THE MAINTENANCE OF THE STREETS AND OTHER RELATED, UH, EXPENSES. THAT'S THE DIFFERENCE BETWEEN SECTION FOUR AND THE PATIO HOMES YOU JUST MENTIONED, AND THE TOWNHOMES, BY THE WAY, THERE IS LITERALLY A LIEN PROVISION IN THE LANGUAGE ON THAT PLAT. THAT'S WHY I SUGGESTED THAT THE COUNCIL TAKE A LOOK AT IT. OKAY. THANK YOU. ANY OTHER CAST MEMBERS? I DO HAVE ONE QUESTION THOUGH, FOR THE CHIEF, IS THAT OKAY? MAYOR FORD? YES. GO AHEAD. MAYOR FORD, WHEN JIM FONTENEAU AND I MET WITH YOU, UH, BACK IN, I THINK IT WAS FEBRUARY OR MARCH, AND WE WERE TALKING, DID YOU NOT TELL US THAT WHEN I BOUGHT UP ABOUT THE MINOR DRIVE IN A CAR THAT YOU SAID THAT THERE'S NOTHING THAT YOU GUYS COULD DO BECAUSE YOUR UNDERSTANDING IT WAS A PRIVATE STREET, IT'S JUST A QUESTION YEAH. WE GENERALLY DO NOT ENFORCE TRANSPORTATION CODE VIOLATIONS ON PRIVATE STREETS AND OPERATION OF A MOTOR VEHICLE ON A PRIVATE STREET IS UNDER THE TRANSPORTATION CODE OR OPERATIONAL MOTOR VEHICLE IT'S RULES OF THE ROAD. IT DOESN'T THE KINDNESS FROM ASKING FOR A DRIVER'S LICENSE, BUT AS FAR AS THE OPERATION OF A MOTOR VEHICLE, IT'S THE SAME REASON THAT YOU CAN TAKE YOUR MINOR CHILD TO THE PARKING LOT OF ANY LARGE DEPARTMENT STORE AND PRACTICE PARALLEL PARKING BEFORE THEY HAVE THAT DRIVER'S LICENSE. SO THAT IT BASICALLY IS THE SAME THING. THERE'S A, IT'S AGAIN, THE TRANSPORTATION CODE ISSUE. BUT LIKE I SAID, IF, IF THE COUNCIL SO CHOOSES TO ADOPT THAT TRANSPORTATION CODE SECTION AND MAKE AN ORDINANCE, AND ALL THOSE RESTRICTIONS ARE GONE, BUT THAT'S GOING TO HAVE TO BE A DISCUSSION THAT COUNCIL WILL HAVE TO MAKE AT A LATER TIME. THAT'S NOT SOMETHING I DON'T THINK THEY COULD DECIDE ON TONIGHT. YEAH, I DID THIS, THIS COUNCILMAN EMORY, I GUESS THAT IS BY LOCATION. UH, AS FAR AS, UH, INVOKING THE, UH, THE TRANSPORTATION ARE ACROSS ALL PRIVATE, UH, RESIDENT PRACTICE. UH, , THAT'S LIKELY GOING TO BE A CITY ATTORNEY QUESTION. I THINK YOU HAVE TO DO IT SPECIFIC TO THE LOCATION, BUT THAT AGAIN, THAT'S PROBABLY A CITY ATTORNEY QUESTION, AND THIS IS EACH CHOICE. I BELIEVE THAT IT IS BY LOCATION. WE CAN LOOK AT THAT AND PROVIDE YOU ALL ADDITIONAL INFORMATION ON IT IF YOU WOULD LIKE, BUT I DO BELIEVE IT'S BY LOCATION BECAUSE IT'S SPECIFICALLY REFERS TO ENFORCING LAWS ON PRIVATE STREETS. SO YOU WOULD IDENTIFY A, I DO BELIEVE YOU WOULD IDENTIFY THE SPECIFIC STREETS THAT YOU WANTED TO ENFORCE, UH, OR ON WHAT YOU WOULD WANT TO ENFORCE RULES OF THE ROAD ON. OKAY. ANY OTHER QUESTIONS? I JUST HAVE ONE FINAL COMMENT. UH, MAYOR IS COUNCIL MEMBER BONY. I JUST WANTED TO ASK OF EACH CHOICE OR, UH, AND, OR BILL, IF YOU ALL COULD LOOK INTO THE PID CONVERSATION AND SEE IF THAT AS AN OPTION OR ALTERNATIVE TO PRESENT TO THE HOMEOWNERS IN THAT AREA, IF THAT'S SOMETHING THAT IS POSSIBLE, UH, THAT THAT COULD BE CONSIDERED OR THAT THEY COULD CONSIDER, UH, IS THAT SOMETHING THAT YOU GUYS COULD BRING BACK TO US? COUNCILOR BIAS, PHIL ATKINSON, AND THAT'S ON ALL THESE VARIOUS QUESTIONS AND THAT'S ONE OF THEM. SO WE CERTAINLY WILL. THANK YOU. ANYONE ELSE? OKAY, WELL, WE'RE, WE'RE GOING TO HAVE TO RECESS TO START THE REGULAR MEETING. UM, THE MIDDLE CREEK CITIZENS. WE WILL DEFINITELY PULL TOGETHER THIS INFORMATION AND GET IT TO YOU SO THAT WE CAN ANSWER ANY QUESTIONS THAT WERE ASKED THIS EVENING OR THAT WE'LL PROPOSE TO STAFF OR THE COUNCIL. UM, WE'LL GET THAT INFORMATION TO YOU SO THAT WHEN COUNCIL DOES MAKE A DECISION, WE MAKE THE INFORMED DECISION AND WE KNOW ALL THE ASPECTS OF, OF THE STREET AND THE ISSUES THAT COME WITH IT, UM, AS IT RELATES TO ANY REPAIRS, IF YOU, I THINK MR. FONDO I, OR MR. SANFORD, I KNOW YOU SENT ME PICTURES, BUT CAN YOU GET THOSE OVER TO STAFF? THEY WERE INCLUDED, [01:40:01] THEY INCLUDED IN THE LETTER. OKAY. SO YOU OKAY. AND WHAT ABOUT THE VIDEO? WHAT ABOUT THE VIDEO? WE COULD SEND THE VIDEO SEPARATELY. OKAY. IF YOU CAN GET THE VIDEO, GET ANY INFORMATION FOR THE DAMAGES, IF YOU COULD GET THAT OVER SO THEY CAN RESEARCH THAT ALSO, THAT WOULD BE GREAT. AND THAT'S NO, THANK YOU. THANK YOU. UH, WE WILL GATHER ALL THAT INFORMATION AND HOPEFULLY THE NEXT TIME WE MEET, UH, I'LL GET A DATE TO YOU GUYS. ONCE STAFF HAS THE OPPORTUNITY TO TAKE A LOOK AT THIS AND THEY CAN GIVE ME A DATE, BUT HOPEFULLY NEXT TIME WE'LL HAVE ALL THIS INFORMATION AND COUNCIL CAN MAKE A DECISION AT THAT TIME. AS ONE QUICK QUESTION, WITH THE, WITH THE COUNCIL, BE OPPOSED TO US BRINGING IN A ESTATE EXPERT ATTORNEY, UM, ENJOY, IS THAT AN OPTION AT THIS POINT? AND WITH ALL DUE RESPECT TO EVERYBODY, I THINK THAT WE'VE KIND OF GONE AROUND AND AROUND ON THIS. IF WE WOULD LIKE A SPECIFIC DETERMINATION AS TO WHETHER THE STREET IS PUBLIC OR PRIVATE, I DO THINK THAT IT WOULD BE BENEFICIAL TO JUST GET A COURT TO MAKE THAT DETERMINATION. THAT WAY WE CAN MOVE FORWARD. IF, IF WE WOULD LIKE TO HAVE THAT DISCUSSION ON THE CHARACTERISTICS OF THE ROAD, IF NOT, THERE ARE OPTIONS, I THINK THAT WERE PRESENTED, RELATING TO ENFORCING RULES OF THE ROAD. UM, THERE'S ALSO THE OPTION OF THE CITY, JUST DECIDING TO TAKE IT OVER. SO I THINK THAT AT THIS POINT IT'S BETTER TO JUST KIND OF EITHER MOVE FORWARD WITH A DETERMINATION OR LOOK FOR OPTIONS TO ADDRESS THE CONCERNS. YEAH. IS THERE A DESIRE TO MOVE FORWARD WITH A PETITION? WE CAN CERTAINLY, UM, START WORKING ON THAT AND FILE THAT SO THAT THE CLEAR DETERMINATION COULD BE MADE MICHAEL MAYOR FOR MAYOR FORD. I'M HERE. MY QUESTION WOULD BE, IF YOU GO TO A JUDGE OR, UM, A JUDGMENT WHO ACTUALLY IS GOING TO REPRESENT IT, WHO'S GOING TO REPRESENT SECTION FOUR, HE? JOYCE, WHO WOULD BE RESPONSIBLE FOR THEIR REPRESENTATION, WHETHER IT BE THE HOA OR WHAT, HOW DOES THAT, YEAH, IT WOULD PROBABLY BE THE HOA OR I THINK, UM, MR FONTENEAU, YOU MENTIONED THAT YOU ALREADY HAVE AN EXPERT IN PLACE. THAT PERSON COULD BE THE, COULD BE YOUR REPRESENTATIVE, BUT IT WOULD BE A DETERMINATION FOR THE HOMEOWNER'S ASSOCIATION. WELL, THAT, THAT OPTION IS ALWAYS, ALWAYS BEEN AVAILABLE TO THE MEMBERS OR THE ASSOCIATION. I THINK YOU GET INTO SOME ISSUES AS TO WHETHER OR NOT INDIVIDUALS FEEL THEY HAVE DAMAGES. AND THAT, THAT WOULD CERTAINLY GIVE THE RESIDENTS STANDARDS. THAT IS NOT WHERE WE WANT TO GO WITH THIS. AND I WAS THINKING THAT IF WE BROUGHT IN SOMEONE ELSE WITH A DIFFERENT OPINION THAN WHAT WE'VE HEARD FROM THE CITY, IT MIGHT BE USEFUL TO THE COUNCIL, BUT I'M OPEN FOR ANYTHING LONG AS WE MAKE PROGRESS. UM, IE, THIS IS MAYOR FORD. HOW, HOW DO WE MOVE IN THAT DIRECTION IF WE HAVEN'T, EVEN IF, IF THERE ARE DAMAGES THAT THE CITY CITY'S CONTRACTOR, CAUSE DON'T, WE NEED TO MAKE THEM WHOLE BEFORE WE MOVE FORWARD WITH EVEN PUBLIC OR PRIVATE. UM, AND THIS IS JOYCE. I BELIEVE THAT MATTER WILL BE RESEARCHED, UM, BY THE OPERATIONS TEAM OR BY SHASHI'S TEAM. UH, BUT NO, WE COULD STILL MOVE FORWARD IN THAT DIRECTION. IF THAT'S THE DESIRE OF COUNCIL, THE TWO, THE TWO, UM, ITEMS COULD BE LOOKED AT SIMULTANEOUSLY, THEN THEY ARE NOT MUTUALLY EXCLUSIVE. JOYCE. THIS IS SHASHI. MAY I SPEAK A LITTLE BIT, A LITTLE RELATED TO THAT MARRIAGE COUNSELING, GO AHEAD, SASHA MAYOR. I JUST WANT TO CLARIFY TWO THINGS. ONE, UH, WE HAD A COMPLAINT OR A CONCERN FROM THE RESIDENTS ABOUT TRUCKS USING. I DID NOT SEE IT. NEITHER DID MY TEAM MEMBER. WE PUT WARNING SIGNS. SO, UH, AND AGAIN, [01:45:01] I HAVE NOT SEEN ANY DOCUMENTATION ABOUT THAT. I LOOK FORWARD TO THE DOCUMENTATION. NUMBER TWO, UH, WE WERE TOLD, AND I WAS IN THIS CONVERSATION THAT THEY, THEY BEING THE HOA WOULD SEND A PETITION FOR REPAIRS. I DON'T THINK THE CITY HAS SEEN THAT OR THAT HAS BEEN SUBMITTED. AND THE THIRD THING I WANTED TO CLARIFY IS THIS IS A STREET THAT IS APPROACHING 50 YEARS. UH, IT HAS REACHED THE USEFUL LIFE BASED ON THE PCI INDEX THAT WE HAVE. I JUST WANTED TO LEAVE THAT AND CLARIFY THOSE THINGS TO YOU. THANK YOU. MA'AM I'VE NEVER SEEN A WARNING SIGN ON CREEK. WAIT, YOU MISSED A SEMPER. I'VE NEVER SEEN A WARNING SIGN FOR TRUCKS NOT TO USE IT BECAUSE IF YOU LOOK AT THE, UH, ILLUSTRATIONS THAT WERE SENT TO CITY COUNCIL, YOU'LL SEE NUMEROUS TRUCKS ON NUMEROUS DAYS USING IT. AND THAT'S ONLY ON THE DAYS THAT I WAS AT HOME, THAT I COULD TAKE PICTURES. THERE WERE OTHER DAYS THAT, AND THAT, THAT, UH, IMPROVEMENT WENT ON FOR OVER A MONTH OR TWO. AND SO JUST THINK I ONLY HAD A SNAPSHOT OF TRUCKS GOING UP AND DOWN IT, BUT WHEN WE TALK ABOUT DAMAGES, I DON'T THINK IT'S JUST RELATED TO THE WORK THAT'S DONE ON CREEK WAY. UH, CIRCLE FROM THE ASHMONT. IF IT'S RULED THAT THIS WAS A PRIVATE, UH, PUBLIC STREET, ALL ALONG DAMAGES WOULD INCLUDE ANY WORK THAT THE HOMEOWNERS ASSOCIATION OR THE RESIDENTS HAD PUT MONEY INTO. OKAY. LET'S IF COUNCIL'S OPPOSED, UM, I WOULD LIKE TO GET THE REST OF THE RESPONSES TO THE INQUIRIES BEFORE WE MAKE A DECISION ON, ON HOW TO MOVE FORWARD. SO, UM, IF I'M NOT HEARING ANYTHING FROM ANYONE, WE'LL, WE'LL DO THAT AND THEN WE'LL MAKE A DECISION IF WE WANT TO MOVE FORWARD WITH A PETITION TO THE COURT. UH, ARE THERE ANY COUNCIL MEMBERS WHO WOULD LIKE TO DO ANYTHING DIFFERENT? OKAY. SO IF STAFF CAN GET THE RESPONSES TO ALL THE INQUIRIES TONIGHT AND GET THAT INFORMATION BACK TO US, AND WE'LL CIRCLE BACK WITH, UM, IF WE'RE GOING TO PETITION THE COURT ON, ON THAT DECISION. UM, AND OTHER THAN THAT, WE WILL GO AHEAD AND RECESS THE MEETING. UH, WE WILL RECONVENE AFTER THE REGULAR MEETING, BUT RIGHT NOW WE ARE GOING TO GO AHEAD AND RECESS. THE SPECIAL MEETING. THE TIME IS NOW EIGHT 55, AND WE WILL NOW RECONVENE THE SPECIAL MEETING. WE WILL [(b) Discuss a proposed ordinance establishing a single municipal court panel and duties for the presiding judge.] START WITH EGOS, UH, YOUR PRESENTATION FOR B. IS IT VERY LONG OR B YES. NO, MA'AM OKAY. WELL, WE'LL GO AHEAD. UH, DISCUSS A PROPOSED ORDINANCE, ESTABLISHING A SINGLE MUNICIPAL COURT PANEL AND DUTIES FOR THE PRESIDING JUDGE. GOOD EVENING, MAYOR AND MEMBERS OF COUNCIL. THIS PRESENTATION IS VERY FAST, WILL BE VERY FAST. I ACTUALLY DON'T EVEN HAVE A POWERPOINT. UM, I JUST WANTED TO PRESENT YOU WITH THE DRAFT LANGUAGE FOR A PROPOSED ORDINANCE, ESTABLISHING A SINGLE PANEL OF THE MUNICIPAL COURT TO PROVIDE THE PRESIDING JUDGE WITH SPECIFIC AUTHORITY OVER MUNICIPAL COURT PROCEEDINGS. THE, UM, ITEMS THAT IS IN YOUR PACKET, UH, INCLUDES LANGUAGE THAT PROVIDES THE PRESIDING JUDGE WITH THE AUTHORITY TO PROCEED PRESCRIBED STANDARD ORDERS, DELINEATE THE CONDITIONS UNDER WHICH ASSOCIATE JUDGES MAY SIT AS THE JUDGE UP IMMEDIATE THE JUDGE OF THE MUNICIPAL COURT, AND ALSO AUTHORIZES THE JUDGE TO TRANSFER CASES AND EXCHANGE DOCKETS BETWEEN THE OTHER JUDGES, NO FUNDS ARE BEING REQUESTED AT THAT TIME. YOUR PACKET, UH, INCLUDES THE DRAFT LANGUAGE AS WELL AS THE APPLICABLE TEXAS GOVERNMENT CODE PROVISION C MEMORANDUM FROM THE PRESIDING JUDGE THAT WAS PROVIDED TO YOU ALL LAST YEAR, AS WELL AS THE 1988 ORDINANCE THAT, UH, ELIMINATED OR ESTABLISHED ACTUALLY THREE PANELS OF THE MUNICIPAL COURT. SO I'M, UH, I WELCOME ANY QUESTIONS THAT YOU ALL HAVE ANY CHANGES YOU'D LIKE TO SEE IN THIS ORDINANCE BEFORE IT'S PLACED ON A REGULAR MEETING. THANK YOU. ALRIGHTY. [(c) Consider and discuss the charter review process.] SEE, CONSIDER AND DISCUSS THE TROTTER REVIEW PROCESS. YOU JOYCE. YES, MA'AM THIS [01:50:01] NEXT ITEM WILL ALSO BE JUST A QUICK OVERVIEW OF THE TIMELINE, A PROPOSED TIMELINE FOR THE CHARTER REVIEW COMMISSION PROCESS. I PRESENTED TO YOU WHILE AT THE SPECIAL MEETING ON JUNE 15TH, 2020, AND ASKED YOU TO SUBMIT ANY ITEMS THAT YOU WOULD LIKE THE COMMISSION TO CONSIDER INITIALLY CONSIDER. UM, I AM AVAILABLE AND READY TO TAKE NOTES TO, UH, IDENTIFY WHAT THOSE CONCERNS MIGHT BE AT THIS TIME, SO THAT I CAN PASS THOSE ON TO THE CHARTER REVIEW COMMISSION. THE FIRST MEETING IS SCHEDULED FOR NEXT THURSDAY, JULY 16TH. AND YOU'LL SEE, IN THE COVER MEMO, I JUST HAVE A LIST OF PROPOSED DATES OF, UH, PROPOSED MEETINGS, AS WELL AS A TIMEFRAME FOR THE SUBMISSION OF THE FINAL CHARTER REVIEW COMMISSION REPORT TO THE COUNCIL, AS WELL AS STATES RELATED TO THE CALLING OF THE, UH, SPECIAL ELECTION IN 2021. SO WITH THAT, IF ANYONE HAS ANY SUGGESTIONS FOR THE CHARTER REVIEW AND FOR THEIR CONSIDERATION, PLEASE LET ME KNOW AT THIS TIME. THANK YOU. CAN COUNCIL MEMBERS ALSO EMAIL THOSE TO YOU, JOYCE? UM, MY PREFERENCE AND HAVING IT AT WELL, I THINK THAT'S FINE. WELL, EITHER ME ANOTHER MODE TO GET THIS TO THE CHARTER REVIEW COMMISSION IS TO ALSO CONTACT IF YOU WOULD LIKE TO SEND IT TO CHARTER COMMISSION MEMBERS, BECAUSE THEY CAN CERTAINLY GET IN TOUCH WITH ME OR MY TEAM MEMBERS TO DO THE INITIAL RESEARCH FOR PRESENTATION TO THE COMMISSION. I WOULD ASK THOUGH THAT IF THE COUNCIL, UH, AND REALLY THE PUBLIC, IF ANYONE IS LISTENING AND HAS SUGGESTIONS, IF YOU HAVE THOSE SUGGESTIONS, I SUGGEST THAT YOU GET THEM TO US EARLY ON THE CHARTER PROVIDES FOR A VERY TIGHT PROCESS, A TIGHT TIMELINE TO GET THE REPORT TO COUNCIL. SO IN ORDER TO PROVIDE THE COMMISSION WITH AN OPPORTUNITY TO TRULY DISCUSS AND VET THESE CONCEPTS, IF YOU COULD GIVE US YOUR RECOMMENDATIONS BEFORE SEPTEMBER, THAT WOULD BE GREAT SO THAT THE COMMISSION HAS THE OPPORTUNITY TO DISCUSS AND REALLY, UH, CONSIDER THE DIFFERENT, UH, SUGGESTIONS FOR THE CHARTER. THANK YOU. OKAY. THANK YOU. ARE THERE ANY QUESTIONS FOR YOU, JOYCE? [(d) Consider and discuss the use of City resources by councilmembers.] ALRIGHTY. UM, D CONSIDERING DISCUSS THE USE OF CITY RESOURCES BY COUNCIL MEMBERS. THIS ITEM WAS ADDED TO THE COUNCIL AGENDA BECAUSE YOU ALL KNOW WHEN TWO OR MORE MEMBERS HAVE QUESTIONS ABOUT IDEAS OR THE BUSINESS. I RECOMMEND THAT WE PUT THAT DISCUSSION ITEM ON AN AGENDA. THEREFORE THIS ITEM WAS ADDED SO THAT YOU WILL HAVE THE OPPORTUNITY TO ASK QUESTIONS, MAKE DIRECT STAFF MAKE RECOMMENDATIONS, OR WHAT HAVE YOU RELATED TO COUNCIL USE OF CITY RESOURCES. WELL, MAYOR, THIS IS COUNCIL MEMBER BONEY. ALRIGHT, SO, UH, BASICALLY I, I REACHED OUT TO EAT JOYCE AND, UM, YOU KNOW, WANTED TO GET CLARITY ON THINGS RELATIVE TO OUR USE OF CITY RESOURCES, CITY RESOURCES, BEING A LITANY OF THINGS, BUT, YOU KNOW, WE ARE RESPONSIBLE, BUT AS THE GOVERNING BODY TO GOVERN OURSELVES, AND I JUST NEED CLARITY FROM MY COLLEAGUES AND FROM , UH, AS IT RELATES TO WANTING TO ENSURE WE'RE ON THE SAME PAGE AS IT RELATES TO USING CITY RESOURCES. AND, AND I'M MENTIONING THINGS SUCH AS THE USE OF CITY LETTERHEAD, YOU SEND OUT INDEPENDENT LETTERS OR ACCESS TO THE COMMUNICATIONS DEPARTMENT FOR EVENTS AND OR MESSAGING CREATION OF VIDEOS FOR EVENTS, ET CETERA. AND I ASKED THE JOYCE, UH, IF SHE COULD LOOK INTO THAT AND POSSIBLY A DRAFT, AN ORDINANCE ORDINANCE FOR OUR CONSIDERATION, ASSUMING THAT WE WANT TO FOLLOW OR ESTABLISH SOME SORT OF PROTOCOLS TO FOLLOW. OTHERWISE, I WANT TO KNOW IF ALL MEMBERS OF COUNCIL AT THE SAME EQUAL PRIVILEGES RELATIVE TO THE USE OF CITY RESOURCES. OKAY. OH, I APOLOGIZE. I DIDN'T HEAR THE LAST PART OF THE STATEMENT. NO, I, I, I MENTIONED AS TO WHY I REACHED OUT TO YOU AND I SAID, I WANTED TO KNOW IF ALL MEMBERS OF COUNCIL HAVE THE SAME EVEN PRIVILEGES RELATED TO THE USE OF CITY RESOURCES, UH, AS IT RELATES TO THINGS SUCH AS CITY LETTERHEAD, SENDING OUT INDEPENDENT LETTERS, ACCESS TO THE COMMUNICATIONS DEPARTMENT FOR EVENTS AND OR MESSAGING, AND, UH, THE CREATION OF VIDEOS FOR EVENTS, ET CETERA AT THIS PLACE. AND GENERALLY SPEAKING FROM A LEGAL PERSPECTIVE, UM, CITY [01:55:01] BUSINESS, UH, ANYTHING THAT RELATES TO CITY, UH, CITY RESOURCES MAY BE UTILIZED FOR CITY BUSINESS. UM, GENERALLY SPEAKING THE COUNCIL, UH, AS A WHOLE MAKES DETERMINATION SO ON, UM, HOW TO UTILIZE CITY RESOURCES. SO GENERALLY SPEAKING, IT'S THE COUNCIL AS A WHOLE, UH, WE WILL, UH, MY OFFICE IS LOOKING AT PREPARING A DRAFT ORDINANCE TO PRESENT, UH, WITHIN THE NEXT 30 DAYS OR SO. SO THAT IF YOU ALL WOULD LIKE TO HAVE THE, THE PARAMETERS, UH, OR SOME PARAMETERS, THAT ORDINANCE WOULD, UH, INCLUDE SOME OF THOSE PARAMETERS. OKAY. SO I'M SORRY. SO AS IT STANDS NOW, YOU'RE SAYING THAT THERE'S NO PROTOCOLS IN PLACE, UH, TO MAKE THAT DETERMINATION AND THAT ANY COUNCIL MEMBER OR, OR ELECTED A MEMBER OF THIS BODY CAN UTILIZE CITY RESOURCES, UH, IN THE SAME MANNER. UM, I W I WOULD NOT SAY THAT, UH, WHAT I WOULD SAY IS THAT THE RECOMMENDATION IS ALWAYS TO UTILIZE CITY RESOURCES FOR A PUBLIC PURPOSE. AND THAT PUBLIC PURPOSE IS GENERALLY DETERMINED BY A VOTE OF COUNCIL. AND SO THE COUNCIL DETERMINES WHAT OR HOW TO UTILIZE THOSE RESOURCES. UM, NOW IF MEMBERS WOULD LIKE TO, UH, INDIVIDUAL LETTERS, THINGS LIKE THAT, THEY CAN DO SO, BUT IT ALL DEPENDS ON LIKE, IN WHAT CAPACITY, IF IT'S A CAPACITY IS AN OFFICIAL CAPACITY, THEN THERE MIGHT BE ADDITIONAL QUESTIONS THAT NEED TO BE ASKED IF IT'S IN A PRIVATE CAPACITY. CERTAINLY A MEMBER CAN, UH, WILL NOT UTILIZE CITY RESOURCES FOR PRIVATE MATTER, BUT THEY CAN SEND LETTERS AND THINGS LIKE THAT IN A PRIVATE CAPACITY, IF THEY WOULD LIKE , BUT CITY RESOURCES SHOULD BE USED FOR CITY BUSINESS. CORRECT. IT DID. THERE'S COUNCILMAN EMORY A QUESTION IS IF A COMMUNICATION GOES OUT AND IT'S, UH, PURPORTED TO BE FAR THE, UH, UH, OR MISSOURI CITY BUSINESS, SHOULD ALL COUNCIL MEMBERS SIGN OFF OR BE AWARE OF, UH, THE USE OF THOSE, UH, CITY, UH, RESOURCES THAT, SO WHEN YOU SAY COMMUNICATIONS, ARE YOU TALKING ABOUT A DEPARTMENT? ARE YOU TALKING ABOUT LITERATURE? UM, CAN YOU, I'M TALKING ABOUT, I'M TALKING ABOUT IF, IF A CITY COUNCILMAN WANTS TO UTILIZE THE, UH, A LETTERHEAD MISSOURI CITY LETTERHEAD AND THEY'RE TRY. AND THE, UH, THE GOAL IS TO, UH, CONVEY AS SYDNEY POSITION, UH, IS THAT SOMETHING THAT SHOULD HAVE THE, I WOULD WORK? THIS IS JOYCE. I WOULD RECOMMEND THAT IF THE GOAL OF ANY WRITTEN DOCUMENT IS TO CONVEY A CITY POSITION, IT WOULD HAVE TO COME FROM A DETERMINATION OR A DECISION BY THE GOVERNING BODY. SO IF SOMETHING, UH, IS INTENDED TO RELAY A CITY POSITION, YOU ALL WOULD HAVE, I MEAN, NOT ONE INDIVIDUAL COUNCIL MEMBER SPEAKS FOR THE WHOLE COUNCIL. IT'S YOUR VOTE. IT'S ESSENTIALLY YOUR VOTES THAT SPEAK FOR THE COUNCIL. THOSE ARE THE DECISIONS THAT YOU WILL MAKE, OR A MAJORITY OF YOU MAKE. SO THAT'S ESSENTIALLY THE VOICE OR POSITION OF THE COUNCIL. SO I WOULD RECOMMEND IN THOSE SITUATIONS THAT IF THE INTENT IS TO SPEAK ON BEHALF OF THE CITY, THAT YOU TAKE A VOTE AND AT A PUBLIC MEETING THAT'S PROPERLY CALLED, OKAY. UH, AGAIN, THIS COMES FROM AN EMORY, UH, THE, UH, GUIDELINES THAT YOU'RE GOING TO PUT OUT WILL LET BE SPELLED OUT, UH, AS PART OF THE, UH, THE GUIDELINES. UM, THAT'S CERTAINLY SOMETHING THAT YES, THAT I CAN ADD TO THE ORDINANCE. AND JUST TO, UM, JUST TO LET YOU ALL KNOW AS WELL, YOU DO HAVE A RESOLUTION IN PLACE THAT GENERALLY DISCUSSES CITY RESOURCES, BUT IT DISCUSSES THOSE RE RESOURCES IN RELATION TO AN ELECTION. UM, SO WHAT I'LL PROBABLY END UP DOING WITH THIS ORDINANCE IS UTILIZING THE PARAMETERS THAT ARE IN THAT RESOLUTION AS WELL, AND, UH, ESSENTIALLY CREATING A FRAMEWORK WITH THAT. UM, AND WHATEVER ELSE YOU ALL WOULD LIKE TO INCLUDE WITH IT, OR COUNCIL [02:00:01] MEMBER BONY, SINCE HE'S REQUESTED, IT WOULD LIKE TO INCLUDE WITH IT. CAN WE GET AN, UH, EACH OF US, THIS IS MAYOR FORD. CAN I I'M, I'M TRYING TO UNDERSTAND BECAUSE CITY RESOURCES SHOULD ONLY BE USED FOR CITY BUSINESS. SO AT THE END OF THE DAY, WHAT, WHAT IS THE ISSUE? WELL, LET ME, LET ME JUST TELL YOU WHAT, WHAT PROMPTED MY, UH, A FEW THINGS THAT PROMPTED MY, MY CURIOSITY IS ONE, UH, THERE WAS A LETTER THAT WAS SENT OUT HERE RECENTLY, UH, WITH MISSOURI CITY, UH, LOGO AND SEEMINGLY ON MISSOURI CITY LETTERHEAD, UH, ADDRESSING A SITUATION INVOLVING A FORMER EMPLOYEE, WHO'S ACTUALLY RUNNING FOR ANOTHER POSITION, UH, OR RUNNING FOR AN ELECTED POSITION. AND, UH, IT WAS DIRECTED FROM YOU MAYOR FORD, TOO, HER ON MISSOURI CITY LETTERHEAD WITH A, A POSITION THAT HAD BEEN TAKEN BY YOU AS MAYOR AND SENT OUT AS IF THIS WAS THE OFFICIAL POSITION OF THE CITY. UH, SEEMINGLY. SO I'M JUST TRYING TO NO POSITION TAKE HER HER COURT ORDER. I'M JUST TRYING TO, WELL, I'M JUST TRYING TO UNDERSTAND WHAT WE'RE ALLOWED TO DO. IF, IF IN FACT THERE ARE FINDINGS, OR IF WE, AS A CITY ARE GOING TO JUST ARBITRARILY AND UNILATERALLY SENT OUT THESE WITHOUT GETTING COUNCIL APPROVAL, UH, AGAIN, LIKE I SAID, WE'RE RESPONSIBLE FOR GOVERNING OURSELVES AND BECAUSE OUR CHARTER STATES THAT WE ALL HAVE EQUAL DECISION MAKING AUTHORITY, I JUST WANTED TO UNDERSTAND HOW DO WE, AND THAT'S WHAT MY QUESTION WAS TO YOU, JOE, IS HOW DO WE UNILATERALLY JUST MAKE DETERMINATIONS AS TO WHAT'S SENT OUT? AND WHAT'S NOT, UH, ARE YOU ABLE TO SPEAK TO, LIKE, FOR INSTANCE, UM, I DON'T KNOW IF YOU'VE SEEN THE LETTER IN QUESTION, UH, BUT IN LOOKING AT THE LETTER, SEEING THAT THAT WAS AN OFFICIAL POSITION FROM THE CITY, UH, IT WAS THAT EMPLOYEE THAT WAS MENTIONED IN THAT LETTER, IF YOU'VE SEEN IT, UH, TERMINATED FROM THE CITY AND MISSOURI CITY. AND DID THEY ADMIT TO GUILT AT ANY TIME? I MEAN, DID THEY FILE FOR UNEMPLOYMENT? I MEAN, I'M JUST SAYING THERE'S A LOT OF OTHER FACTORS AS TO AN INDIVIDUAL'S EMPLOYMENT, NOT JUST ONE SITUATION. SO I DON'T KNOW WHAT GIVES US THE, I'M JUST TRYING TO GET AN UNDERSTANDING OF WHAT WE CAN AND WHAT WE CANNOT SHARE WITH THE PUBLIC ON CITY RESOURCES, MISSOURI CITY LETTERHEAD, AS A OFFICIAL POSITION. AND IF ALL COUNCIL MEMBERS AGAIN IS MY PRIMARY QUESTION, DO WE ALL HAVE THAT SAME EQUAL AUTHORITY? MMM. I DON'T KNOW IF HE JOYCE'S SEEN THE LETTER, BUT THE LETTER SPECIFICALLY SAYS AS IT PERTAINS TO HER COURT ORDER MMM. AND EVEN IDENTIFIED THE COURT ORDER. SO AT THE END OF THE DAY, THAT WAS THE ONLY QUOTE UNQUOTE POSITION THAT WAS PUT ON THE LETTER. AND IT REFERENCED EXACTLY WHAT THE COURT ORDERS COURT ORDER STATED. MMM. BUT EACH CHOICE YOU CAN GO AHEAD. THANK YOU, JOYCE. SO, UM, IF YOU ALL WOULD LIKE TO ME TO PROVIDE A RECOMMENDATION IN PUBLIC, UH, I WOULD ASK THAT YOU ALL TAKE A VOTE TO HAVE A RECOMMENDATION PROVIDED IN PUBLIC. IF NOT, UM, I WOULD SUGGEST THAT WE GO INTO A CLOSED SESSION TO RECEIVE THE ADVICE ON THE MATTER, BUT IT'S UP TO YOU ALL. WELL, I WOULD LIKE TO KNOW WHAT THE LAW IS. YEAH. I, I W I WOULD LIKE TO MAKE A MOTION TO DISCUSS THIS ITEM OPENLY. MMM. I GUESS THAT WOULD, THAT WOULD, WOULD THAT BE THE MOTION YOU DOING? OKAY. SHE RECEIVED LEGAL ADVICE IN AN OPEN MEETING. YES, YES. YES. ON THIS, ON THIS PARTICULAR ITEM, THIS, THIS PARTICULAR AGENDA ITEM MRS. ANTHONY RULES. SO THERE'S, THERE'S A MOTION AND A SECOND, UM, HE JOINED, SHOULD WE BE DISCUSSING EMPLOYEE AFFAIRS AND AN OPEN MEETING? OH, WELL, I THINK MY RECOMMENDATION WAS NOT GOING TO DISCUSS ANYTHING RELATED EMPLOYEES SPECIFICALLY WAS JUST THE CHARACTERISTICS. AND IF THAT'S THE CASE, AND THIS IS COUNCILWOMAN STERLING, I THINK WE'RE KIND OF GETTING OFF THE SUBJECT. IT SAYS IN THE RESOURCES BY COUNCIL MEMBERS, NOW WE OFFER IT TO A LETTERHEAD AND YOU CAN JUST, I'M TOTALLY LOST NOW BECAUSE WE'VE GOTTEN TOTALLY OFF THE SUBJECT BECAUSE YOU, JOYCE, YOU'VE GIVEN SEVERAL DIFFERENT SCENARIOS AND, [02:05:01] UM, I'M STILL, I'M SITTING HERE TRYING TO FOLLOW ALL OF THEM. UH, YOU KNOW, I, AND I, AND THIS IS JUST ME PERSONALLY, IF I'VE ASKED A, TO MY DISTRICT, I MEAN, DO I NEED EVERYBODY'S SIGNATURE ON THE LETTER? AND, AND I THINK, I THINK IT NEEDS TO BE CLARIFIED BECAUSE WHAT IT SAYS, DISCUSS THE USE OF CITY RESOURCES BY COUNCIL MEMBERS. NOW WE'VE GOTTEN OFF ON SOMETHING ELSE. UH, I I'M I'M CLEARLY, CLEARLY, TOTALLY JUST PUT BUBBLES. SO MAYBE YOU NEED TO EXPLAIN A LITTLE BIT, SO I'LL UNDERSTAND. SO THERE IS A CITY RESOURCE AND WHAT DO WE MEAN WHEN WE, AND SHE'S GIVEN US SEVERAL REESE, SEVEN SCENARIOS OF CITY RESOURCES, WHERE I WAS ASKED, I WAS ASKED FOR IT SAMPLE. AND SO I WAS PROVIDING AN EXAMPLE OF A SCENARIO OF THE USE OF CITY RESOURCES AND WHY THIS DISCUSSION IS IMPORTANT FOR US TO HAVE PUBLICLY IN ORDER TO DETERMINE, YOU KNOW, YOU KNOW, WE WORK FOR THE CITIZENS OF MISSOURI CITY. THEY ELECT US AND WE GOVERN OURSELVES. SO IT'S IMPORTANT FOR US TO GET CLARITY AS TO HOW OUR MODE OF OPERATION IS, UH, AND HOW WE GOVERN OURSELVES. SO THE CITY LETTERHEAD IS A PART OF THE CITY RESOURCES. AND SO I JUST WANT, AGAIN, CLARITY BECAUSE SOMETHING WAS SENT OUT RELATIVE TO AN EMPLOYEE STATUS, UH, AND FILED, UH, INFORMATION, UH, THAT WENT OUT TO THE PUBLIC. SO I JUST WANNA, I JUST, AGAIN, I, I'VE MADE A MOTION FOR US TO DISCUSS IT PUBLICLY AND GET RECOMMENDATIONS, OR GET A RECOMMENDATION FROM THE CITY ATTORNEY AND IT WAS SECONDED. SO, ANY OTHER QUESTIONS FOR YOU JOYCE, BEFORE WE DO A ROLL CALL VOTE, SORRY, I JUST WANT TO, AND I CONCUR WITH YOU COUNCIL MEMBER BONY, BUT I'M THIS I'M, THIS IS STILL A LITTLE BIT FUDDLED ON, UM, UH, CITY RESOURCES AND, AND I THINK EACH CHOICE, YOU PROBABLY NEED TO DO SOME MORE RESEARCH, SO YOU CAN COME BACK TO THE COUNCIL AND EXPLAIN IT CLEARLY. CAUSE IF I VOTE, I'M GOING TO BE VOTING ON SOMETHING THAT I AM TOTALLY, TOTALLY. UM, I MEAN, I DON'T KNOW IF YOU CAN JUST PERHAPS AWESOME RIGHT NOW IS I'M SORRY, JOYCE, THE MOTION RIGHT NOW BY COUNCIL MEMBER BONEY IS WHETHER TO DISCUSS THIS IN OPEN SESSION OR EXECUTIVE SESSION. SO THAT'S KIND OF THE MOTION AT THIS POINT. UM, SO LET'S, LET'S VOTE ON MOTION SO WE CAN, I GUESS, FURTHER THE DISCUSSION. UM, WELL, MAYOR ONE, THIS IS COUNCIL MEMBER PRESTON, ONCE AGAIN, JUST FOR CLARITY. UM, WE'RE VOTING TO DISCUSS THIS IN PRIVATE VERSUS IN PUBLIC AND EXACTLY WHAT ARE WE GOING TO BE DISCUSSING? I'M SO PROUD OF HER IN PUBLIC. GO AHEAD. I WAS JUST GOING TO SAY IF I MAY, AND I APOLOGIZE FOR INTERRUPTING, I WAS JUST GOING TO SAY THAT I AM JUST GOING TO MAKE A LEGAL RECOMMENDATION ON THE ITEM IN PUBLIC. SO THE VOTE IS ON WHETHER YOU WOULD LIKE TO RECEIVE THAT LEGAL RECOMMENDATION IN PUBLIC OR IN PRIVATE. AND SO I BELIEVE THE MOTION WAS TO MAKE, RECEIVE IT IN PUBLIC. AND YOUR RECOMMENDATION IS IN PUBLIC. THAT'S WHAT THE MOTION IS. NO, NO, NO. I'M ASKING YOU, WHAT IS YOUR LEGAL RECOMMENDATION? OH. ON WHETHER TO DO IT IN PUBLIC OR PRIVATE. MY RECOMMENDATION IS ALWAYS TO RECEIVE LEGAL ADVICE IN PRIVATE BECAUSE IT'S YOUR PRIVILEGE. UH, IT'S THE ATTORNEY CLIENT PRIVILEGE BETWEEN THE ATTORNEY AND THE CITY. SO ANYTIME, I MEAN, EVEN WITH THE PRIVATE STREETS DISCUSSION, WHENEVER WE'RE PROVIDING YOU WITH INFORMATION THAT WE MIGHT UTILIZE OR SOMEONE ELSE MIGHT UTILIZE AT SOME POINT THAT MIGHT CAUSE THE CITY TO HAVE POTENTIAL LIABILITY. AT SOME POINT, OUR RECOMMENDATION WILL ALWAYS BE TO RECEIVE THAT IN PRIVATE, BUT IT'S YOUR, IT'S YOUR, YOUR RIGHT TO DECIDE THAT YOU WOULD LIKE TO RECEIVE IT IN PUBLIC? THAT'S MY CONTENTION AS WELL. OVER HERE. AGAIN, WE CAN PUT COUNCIL MEMBER STERLING. I JUST MADE MY STATEMENT. OKAY. ALRIGHT. UM, SO COUNCIL MEMBER BONEY, IF, TO MAKE SURE YOUR EMOTION IS TO DO IT IN PUBLIC, CORRECT. MY MOTION IS TO RECEIVE THE JOYCE'S LEGAL RECOMMENDATION ABOUT, UH, THE USE OF CITY RESOURCES, WHICH I'M SURE SHE WILL EXPLAIN, UH, IN PUBLIC. [02:10:02] OKAY. SO THERE'S A MOTION AND A SECOND. AND MAYOR PRO TEM PRESTON. OKAY. YES, MARY, I'M GOING TO FOLLOW OUR CITY ATTORNEY'S RECOMMENDATION AND VOTE THAT WE DISCUSSED IT IN PRIVATE. OKAY. COUNCIL MEMBER, EDWARDS, COUNCIL MEMBER, STERLING, COUNSELOR, OR BONY MADE THE MOTION COUNCIL MEMBER. MY RULE IS I BELIEVE THAT YOU MADE THE SECOND, CORRECT? THAT'S CORRECT. MA'AM AND COUNCIL MEMBER EMORY. YES. AND THIS IS MAYOR FOR NO. SO, UM, YOU JOYCE, NO, AT THIS POINT, IF YOU WOULD LIKE TO GO INTO AN EXECUTIVE DISCUSSION ITEM TWO D YOU MAY DO SO MAYOR, IF I MAY, UH, THIS IS ANTHONY, IF I MAY ASK ONE MORE QUESTION. UM, AND THE QUESTION IS IF WE DO HAVE AN EVENT AND IT'S ON A WEEKEND, UM, AND THIS MAY BE A QUESTION TO BILL, UM, DO OUR EMPLOYEES GET PAID OVERTIME? AND IF SO, WHERE DOES THAT COME FROM THE BUDGET? UH, TO ANSWER YOUR QUESTION, IT DEPENDS, UH, BECAUSE SOMETIMES THE EVENTS ARE LIKE PARTS WHEN THEY HAVE EVENTS AND THINGS LIKE THAT, THEY WILL SCHEDULE, UH, AROUND THOSE EVENTS SO THAT THEY HAVE THAT AS REGULAR TIME. AND A LOT OF CASES, OTHER TIMES IT MAY BE, UH, IT MAY BE OVERTIME DEPENDING ON WHAT'S GOING ON DURING THAT WEEK PRIOR TO AN EVENT. DOES THAT ANSWER YOUR QUESTION? IT DOES. SO WHO AUTHORIZES THAT OVER TIME? IS THERE A VETTING THAT WE GO THROUGH? WELL, THAT WOULD BE THROUGH THEIR SUPERVISOR AND HOW THEY, UH, HOW THEY DO THEIR SCHEDULING. OKAY. AND AGAIN, IT DEPENDS ON WHAT ACTIVITIES ARE GOING ON THAT WEEK AND THAT ARE PLANNED VERSUS THINGS THAT MAY COME UP THAT MAY IMPEDE WHAT YOU BELIEVE IS PLANNED AND AFFECTS THAT. OKAY. BUT, OKAY. THANK YOU. SO, SO I HAVE ANOTHER QUESTION HE, BEFORE I GUESS WE GO INTO EXECUTIVE SESSION AND ASK THIS, UH, I JUST WANT TO GET CLARITY, UH, AS TO WHETHER I JEFFREY BONEY CAN SEND OUT A LETTER FROM INFORMATION FROM AN EMPLOYEE FILE, OR IS THAT WHAT WE'RE GOING TO BE DISCUSSING IN YOUR EXECUTIVE SESSION COMMENTS THAT, UM, THAT WOULD INCLUDE WHAT WE WOULD BE DISCUSSING IN CLOSE? I'LL MAKE A RECOMMENDATION. OKAY. IS THERE A MOTION PROMOTION FOR, WE DID THAT, RIGHT? YEAH. BUT THAT MOTION FAILED. OKAY. A MOTION FOR WHAT EXECUTIVE SESSION. OH YEAH. I MEAN, UM, IF THAT'S WHAT I MEAN, YOU KNOW, THE PEOPLE WANTED TO DO, I MADE A MOTION TO HAVE IT HELD PUBLICLY, SO. OKAY. SO IS THAT YOUR MOTION? NO, I'M SAYING I ALREADY MADE THAT MOTION. YOU ASKED IF THERE WAS A MOTION AND THEN I WAS RESPONDING TO COUNCIL MEMBER MARIMBAS. OKAY. SO YEAH, THAT MOTION FAILED JEFFREY. SO WE'RE ASKING, DO YOU WANT TO GO IN EXECUTIVE SESSION? SO THIS IS ANTHONY MORALIS. I'M MAKING A MOTION TO GO IN EXECUTIVE SESSION TO SEEK LEGAL ADVICE. OKAY. IS THERE A SECOND ONE EMORY, I SECOND THAT THERE'S A MOTION AND A SECOND. ANY QUESTIONS? ALRIGHTY. I'LL DO A ROLL CALL. VOTE. WE ARE PARKED HERE IN PRESTON. YES. COUNCIL MEMBER EDWARDS. YES. COUNCIL MEMBERS, STERLING COUNCIL MEMBER, BONEY COUNCIL MEMBER RUELAS. I MADE THE MOTION. MA'AM YEAH. AND COUNCIL MEMBER EMORY MADE THE SECOND. THIS IS MAYOR FORD. NO MOTION PASSES. SO DOUG, CAN YOU PUT US IN EXECUTIVE SESSION? YES. MAYOR, MAYOR. THIS IS EMORY. WE'LL HAVE ENOUGH TIME TO PREPARE FOR THE, UH, THE ISSUE EXECUTIVE SESSION. YES. YES. THIS IS THE FA THIS IS, THIS WILL BE A QUICK KIND OF RECOMMENDATION [02:15:01] BASED ON WHAT HAS BEEN ASKED. OKAY. THANK YOU. YES. MA'AM. CAN WE GO AHEAD AND JUST AUTHORIZE BOTH EXECUTIVE SESSIONS? SO WHILE WE'RE IN THERE, WE CAN MOVE ON. OH, SURE. YES. YES. OKAY. SO WE'LL GO IN EXECUTIVE SESSION [CLOSED EXECUTIVE SESSION The City Council may go into Executive Session regarding any item posted on the Agenda as authorized by Title 5, Chapter 551 of the Texas Government Code. Notice is hereby given that the City Council may go into Executive Session in accordance with the following provision of the Government Code: Texas Government Code, Section 551.074 – Deliberations concerning the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee: the city manager, the city attorney and the city secretary. Texas Government Code, Section 551.087 – Deliberations regarding commercial or financial information that the governmental body received from a business prospect that the governmental body seeks to locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations: retail shopping center.] FOUR, FIVE, FIVE, 1.074 AND FIVE FIVE 1.087. AND THE TIME IS NOW NINE 23. OKAY. THE TIME IS NOW 12:19 AM. WE WILL [4. RECONVENE into Special Session and consider action, if any, on items discussed in Executive Session.] RECONVENE THE SPECIAL SESSION AND I BELIEVE HE, JOYCE, ARE YOU STILL THERE? I AM. DID WE COVER, DID YOU HAVE ANYTHING FOR EXECUTIVE SESSION? ANYTHING ELSE? NO. MA'AM OKAY. ALRIGHT. I WOULD LIKE TO MAKE A MOTION TO REAPPOINT OTIS JONES AS OUR NEW CITY MANAGER. OKAY. UM, IS THERE A SECOND? THIS IS COUNCIL MEMBER PRESTON A SECOND. OKAY. IS THERE DISCUSSION AND I'M FORMERLY STEPPING AWAY FROM THE DICE. OKAY. ALL RIGHT, MAYOR. I WAS SAY THAT WE HAD A PLETHORA OF QUALIFIED CANDIDATES, WELL QUALIFIED CANDIDATES. AND WE ACTUALLY, IN MY OPINION, SAY THE CITY, A LOT OF MONEY BY TAKING THE TIME TO INTERVIEW THEM AND GO THROUGH THEIR APPLICATION, WEEDING THOSE OUT. AND YOU DON'T QUALIFY. AND, UM, CONTRARY TO BURN, I FEEL AS IF WE DID A GREAT JOB TO THING OUT WHO WAS QUALIFIED TO BE OUR NEXT CITY MANAGER. OKAY. IF THERE'S NOTHING ELSE, I'LL DO A ROLL CALL VOTE. HI, I DO HAVE A DISCUSSION. UH, YEAH. I JUST WANT TO MAKE SURE THAT, UM, I STATED AGAIN THAT THE PROCESS BY WHICH, UH, THE CITY MANAGER SEARCH WAS PERFORMED WAS A COMPLETELY, UH, IN MY OPINION, FLAW. AND IT DID NOT INCLUDE THE PUBLIC. I DON'T BELIEVE IN INCLUDE THE OVERALL CITY STAFF AND THE DEPARTMENTS. UH, AND OF COURSE EVEN, UH, WITH, WITH MY LACK OF KNOWLEDGE ABOUT US INTERVIEWING, UH, THE CITY MANAGER FOR SECOND TIME BEING THIS EVENING, UH, AND NOT BEING AWARE THAT, UH, ONE OF THE CANDIDATES THAT WERE VOTED ON TO MOVE FORWARD WITH, WITH THE FINAL TWO, UH, WE, I WASN'T INFORMED OR MADE AWARE UNTIL THIS EVENING THAT THEY HAD, UH, DROPPED OUT OR DECIDED TO MOVE IN A DIFFERENT DIRECTION. SO THIS HAS BEEN EXTREMELY, UM, CONCERNING FOR ME. AND, UM, I, I, I COMPLETELY AM AGAINST IT. OKAY. MAY AFFORD. I JUST WANT TO STAY FOR THE RECORD THAT, UM, COUNCIL MEMBER BONNIE CONTINUES TO SAY THAT HE WAS NOT AWARE OF THE INTERVIEW WHEN THE MOTION WAS MADE ON OUR LAST MEETING. UM, AND WE STATED THAT WE WERE GOING TO INTERVIEW THE LAST TWO CONTESTANTS, I'M SORRY. INTERVIEW CANDIDATES. SO HE WAS WELL AWARE HE HAD ENOUGH TIME TO PREPARE IF HE FELT THAT IT WAS DEEMED NECESSARY. WELL, THANK YOU AGAIN FOR, UM, FOR MAKING THAT STATEMENT, UH, AND VALIDATING MY POINT, UH, COUNCILWOMAN EDWARDS, BECAUSE I WASN'T MADE AWARE, AS I WAS AWARE PREVIOUS TIMES AS WE INTERVIEWED THE CANDIDATES, WHEN IT WAS, UH, BROUGHT DOWN TO FIVE INDIVIDUALS, UH, THERE WERE TIMES THAT WERE SCHEDULED DAYS AND TIMES THAT WERE SCHEDULED, UH, FOR US TO INTERVIEW THOSE INDIVIDUALS. IT WAS MADE AWARE THE COUNCIL WAS MADE AWARE THAT THAT WOULD BE THE TIME TO INTERVIEW THOSE CANDIDATES. WE DID SAME THING WITH OUR BOARDS AND OUR COMMISSIONS. UH, AND SO THE PROCESS NOW, ALL OF A SUDDEN UP WHERE ALL OF A SUDDEN AN INTERVIEW, UH, WAS HELD THAT OUT, UH, ANY, ANY NOTIFICATION OR ANY AWARENESS THAT IT WENT TO BE TAKING PLACE ON TODAY AT X TIME. SO I JUST WANT TO MAKE IT CLEAR AND THANK YOU AGAIN FOR REITERATING MY POINT THAT YES, A MOTION WAS MADE TO MOVE FORWARD WITH THE FINAL TWO CANDIDATES, BUT THERE WAS NEVER ANY COMMUNICATION TO ME AS A COUNCIL MEMBER THAT TODAY AT WHATEVER SET TIME, UH, THAT THAT WOULD TAKE PLACE. BUT AGAIN, I I'VE, I'VE EXPRESSED MY, MY POSITION ON THAT. [02:20:01] ANYBODY ELSE? MEREDITH COUNCILMAN EMORY, UH, I'LL STATE IT AGAIN, THE WHOLE PROCESS OF FINDING A PROPER CANDIDATES OR CANDIDATES OR OUR, OUR CITY MANAGER WAS FLAWED. UH, YOU TALK ABOUT IT SAVED MONEY. IT DIDN'T SAVE MONEY. IT'S GOING TO WIND UP COSTING US MONEY. SO, UH, I, I JUST, UH, YEAH, HAVE REAL DIFFICULTY AND I KNOW THAT W I'M INTO MINORITIES. SO, UH, YOU FOLKS WILL BE ABLE TO DO WHATEVER YOU WANT, BUT, UH, I STILL THINK THAT IT'S A DISSERVICE TO THE, UH, TO THE CITY. SO, UH, TO THE CITIZENS OF MISSOURI CITY. AND, UH, TO SAY THAT YOU, YOU KNOW, YOU WE'VE HAD 50 FROM ACROSS THE NATION, WE COULDN'T COME UP WITH ONLY FIVE THAT HAD ANY KIND OF CREDENTIALS THAT WOULD ALLOW US TO EVEN CONSIDER THEM. SO, UH, I'M EXPRESSING MY, UH, UH, REAL DISAPPOINTMENT WITH THE ACTIONS THAT, UH, ARE BEING SUGGESTED THAT WE TAKE CARE. THANK YOU, MAYOR FORD. I HAD A QUESTION FOR MARTIN. GO AHEAD. OKAY. MARTIN, ARE YOU STILL ON? YES. OKAY. MY, MY QUESTION WAS, UH, AS IT RELATED TO, CAUSE I NEVER, MAYBE I MISSED THIS AS WELL, BUT I NEVER GOT A FINAL NUMBER AS TO HOW MUCH MONEY WE SPENT ON THE PROCESS OF USING BAKER TILLY. UM, DO YOU HAVE THAT FIGURE? LET ME, UM, I THINK IT WAS LESS THAN $2,000 IF I'M NOT MISTAKEN, BUT I CAN GET THAT NUMBER FOR YOU. YEAH. IF YOU COULD GET THAT NUMBER FOR US. SO WE NEED TO BE CLEAR OVERALL SPENT. I'D APPRECIATE IT. OKAY. YEAH. MAYOR FORD, THIS WAS COUNCILMAN EMORY AGAIN. UH, I WOULD, UH, UH, ASK, UH, THE, UH, UH, THE COUNCIL THAT IF WE, UH, DO ANY TYPE OF CONTRACT WITH, UH, UM, MR. JONES, THAT, UH, WE DO IT, UH, WITH A FOUR MONTH PROBATION PERIOD AND, UH, THAT WE ALSO INCLUDE IN THE CONTRACT, UH, NO SEVERANCE PAY AFTER A YEAR UNTIL A YEAR OF SERVICE HAS BEEN, UH, UH, PROVIDED. SO I KNOW THAT'S, UH, MAYBE THE NEXT STEP, BUT, UH, I, I WANT TO GET THAT OUT TO, UH, MAKE SURE THAT, UH, AT LEAST IT'S CONSIDERED IS SOMETHING WE DID, I THINK WITH, WITH, UH, OUR PREVIOUS COUNCILMAN OR A CITY MANAGER, UH, WHERE THEY WERE ON A PROBATION PERIOD, SO THAT WE COULD REALLY TELL WHETHER OR NOT THEY WERE, UH, OR HE WAS THE RIGHT, UH, CHOICE THAT WE MADE. THANK YOU. UM, AND I WILL DEFINITELY, UM, WELL, AS WE MOVE FORWARD, WELL, ONE, WE HAVE TO TAKE A BOAT, BUT IF WE, IF WE MOVE FORWARD, UM, MR. JONES IS LICENSED. UM, SO THERE'S A LITTLE DIFFERENCE IN, I KNOW FOR THEIR CONTRACTS, OUR LAST CITY MANAGER WAS NOT LICENSED. THEN I HAVE A C MANAGER'S LICENSE WHEN WE HIRED HIM. SO, UH, HE WASN'T, HE DIDN'T FALL UNDER THOSE GUIDELINES FOR ICM. SO, UM, WE WILL DEFINITELY GET THOSE BACK TO THE COUNCIL IF WE MOVE FORWARD TONIGHT. UM, SO THAT WE CAN HAVE THOSE DISCUSSIONS IN REFERENCE TO THE CONTRACT DULY NOTED, UH, COUNCIL MEMBER, EMORY. UM, I WOULD LIKE TO JUST SAY THAT I HAVE SPOKEN WITH BAKER TILLY, AND AS WELL AS THEY THEY'VE SPOKEN WITH US. AND THEY HAVE ADVISED THAT WE HAD SOME VERY GOOD CANDIDATES AND OUR TOP FIVE, I SPOKE WITH THEM AGAIN TODAY. UM, AND I SPOKE WITH PATTY TODAY ACTUALLY, AND SHE ADVISED THAT OUR CANDIDATES WERE VERY GOOD. UM, SO I THINK WE HAD A VERY GOOD BUNCH OF CANDIDATES WHO APPLIED. UM, I KNOW FOR ME, WHEN I PICK MY TOP FIVE, I WAS SPECIFICALLY LOOKING FOR, UH, LICENSED CANDIDATES, UM, FOR THE VERY REASON OF THEM COMING IN WITH EXPERIENCE ALREADY AND JUST UNDERSTANDING THE CITY MANAGER ROLE. UH, AND THAT'S JUST, THAT WAS JUST MY PERSONAL PICK AND DECISION WHEN I PICKED MY TOP FIVE OUT OF THE CANDIDATES THAT WE GOT. SO IT WASN'T THAT THE OTHER 50 PLUS WEREN'T GOOD. I WAS JUST SPECIFICALLY LOOKING FOR SOME SPECIFIC THINGS THAT I KNOW THE CITY NEEDS, AS WELL AS THE LICENSING THAT WE, UM, WERE FOR ME, WHICH WERE MY PREFERENCES. SO, [02:25:01] UM, WITH THAT BEING SAID, UM, I WILL GO AHEAD AND DO A ROLL CALL VOTE. UM, WELL, I JUST HAVE TO HAVE A POINT OF CLARITY. UM, THIS IS NOTHING RELATED TO OUR MOTION, BUT I JUST WANTED TO, UM, MAKE A POINT OF CLARITY FOR COUNCIL MEMBER EMORY. I'M SURE HE DOESN'T MEAN ANYTHING ABOUT IT, BUT IF YOU CAN JUST REFRAIN FROM, UM, ACKNOWLEDGING ME OR ANYONE ELSE'S YOU FOLKS, IT COULD BE DEEMED AS A RACIAL SLUR. I JUST WANTED TO BRING COLLEGE OR FUTURE REFERENCES. COUNCIL, LADY EDWARDS. THANK YOU FOR ADMONISHING ME FOR, UH, USING A TERM THAT, UH, IS NOT, UH, SOMETHING THAT'S, UH, I GUESS, CONDUCIVE TO YOUR, UH, YOUR VOCABULARY. AND, UH, I WILL, UH, ATTEMPT VERY SERIOUSLY TO, UH, UH, NOT USE THAT PRAISE AGAIN. THANK YOU. OKAY. UM, MAYOR PRO TEM PRESTON MADE THE SECOND COUNCIL MEMBER EDWARDS. I MEAN, COUNCIL MEMBER MADE THE MOTION COUNCIL MEMBER, STERLING COUNCIL MEMBER MARULA. OH, THAT'S RIGHT. YOU DID. MY APOLOGIES IS LATE. COUNCIL MEMBER BONEY. NO COUNCIL MEMBER EMORY. NO. AND THIS IS MAYOR FORD. YES. SO MOTION PASSES. UM, I WILL CHECK TO SEE NUMBER ONE, EVEN THOUGH THE MOTION PASSED TO SEE IF, UM, MR. JONES IS INTERESTED AND WE WILL MOVE FORWARD WITH THE CONTRACT. FROM THAT POINT, IF THERE'S NO FURTHER BUSINESS, WE WILL ADJOURN. * 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.