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[*A portion of this meeting is without audio ]

[00:00:43]

ASK FOR YOU TO GIVE THE STRENGTH, WISDOM, COURAGE TO MAKE THE DECISION THAT WE FEEL IN THE BEST INTEREST OF OUR RESIDENTS AND THAT OF OUR CITY.

WE ASK THAT YOU BE WITH OUR PROFESSIONAL FIRE, UH, EXCUSE ME, PROFESSIONAL POLICE PERSONNEL, FIRE, EMT FELLAS, AS LONG AS OUR, AS WELL AS OUR MILITARY MEN AND WOMEN, GET US HOME SAFELY.

THANK YOU FOR WHAT, UH, WONDERFUL THANKSGIVING EVENING.

AMEN.

THANK YOU VERY MUCH.

UH, NEXT ITEM

[VISITOR COMMENTS ]

WE HAVE ON THE AGENDA IS VISITORS COMMENTS.

UH, THIS IS AN OPPORTUNITY FOR ANYONE IN THE AUDIENCE THAT WOULD LIKE TO, UH, SPEAK TO CITY COUNCIL, UH, ON ANY ITEM THAT IS NOT ON THE AGENDAS.

AND, UH, SO WE HAVE ANYBODY, UH, KEVIN MAYOR COLE.

THANK YOU, MAYOR COUNCIL.

UH, MY NAME IS KEVIN COLE.

I LIVE AT 38 0 8 HOUSTON LAKE DRIVE, PARUM, TEXAS, UH, HERE TONIGHT.

NOT GONNA GIVE A CAMPAIGN SPEECH, BUT, UH, I AM RUNNING FOR BRAZORIA COUNTY JUDGE, AND I'M HERE TONIGHT IN THE SPIRIT OF THANKSGIVING.

UH, LAST WEEK AS WE, UH, ALL GATHERED TOGETHER WITH OUR FAMILIES AND GAVE THANKS FOR THE GREAT COUNTRY AND THE GREAT STATE THAT WE LIVE IN.

UH, I WANT TO BE HERE TONIGHT TO THANK EACH ONE OF YOU FOR WHAT YOU DO.

UH, YOU DON'T HEAR IT ENOUGH.

UH, HOW DO I KNOW THAT? UH, AS AN ELECTED OFFICIAL, UH, WE DON'T NECESSARILY GET THANK YOUS A LOT.

YOU DON'T GET INTO THIS BUSINESS TO ACCEPT A LOT OF THANK YOUS.

YOU GET IN IT TO MAKE SURE THAT YOU DO THE RIGHT THING FOR YOUR COMMUNITY, AND I KNOW EACH ONE OF YOU DO THAT.

SO, I JUST WANTED TO COME DOWN TONIGHT AND INTRODUCE MYSELF.

UH, GIVE A LITTLE FACETIME WITH YOU GUYS.

UH, I'M HERE TO ANSWER ANY QUESTIONS LATER.

UH, BUT JUST WANTED TO BE HERE TO SAY THANK YOU FOR THE WORK AND THE SERVICE THAT YOU, UH, THAT YOU PROVIDE, UH, FOR THE PEOPLE IN LAKE JACKSON.

SO THANK YOU VERY MUCH FOR THAT.

THANK YOU.

I AM GONNA LEAVE, IF Y'ALL PASS THESE DOWN FOR THEM, I'LL LEAVE IT, BUT OTHER THAN THAT, NO.

SURE.

I CAN'T DO IT.

NOT THAT ONE.

YOU DID REALLY GOOD WITH THE THANKSGIVING THING.

NO.

JUST WAS GONNA LEAVE IT FOR THEM.

NO.

SURE.

OKAY.

THAT'S FINE.

THANK YOU.

ALRIGHT, THANK YOU.

IS ANYONE ELSE, ANY, ANY AUDIENCE? ALL RIGHT.

UH, WE'LL MOVE ON TO DECLARATION OF CONFLICT OF INTEREST.

THIS IS AN OPPORTUNITY WHERE MEMBERS OF CITY COUNCIL CAN DECLARE IF THEY HAVE A CONFLICT OF INTEREST ON ANY ITEM ON THE AGENDA, THERE'S ANYONE THAT NEEDS TO DECLARE A CONFLICT OF INTEREST, NOT HEARING ANY.

[CONSENT AGENDA ]

WE'LL MOVE ON TO CONSENT AGENDA.

UH, WE HAVE CONSENT AGENDA AS PRESENTED.

IS ANYBODY ON CITY COUNCIL WOULD LIKE TO REMOVE AN ITEM FOR FURTHER DISCUSSION? NOT HEARING A REQUEST.

UH, WE WILL, UH, TAKE A MOTION ON THE CONSENT AGENDA AS PRESENTED.

MAYOR, I'LL MAKE A MOTION TO APPROVE THE CONSENT AGENDA.

ITEMS ONE THROUGH SEVEN AS PRESENTED A MOTION BY COUNCILMAN SETH, AND SECOND BY, WAS IT BUELL COUNCIL? OKAY.

UM, ALL RIGHT.

UH, ALL IN FAVOR SAY AYE.

AYE.

ANY OPPOSED? ALL CONSENT AGENDAS APPROVED.

[1. Discuss whether to add a school as a conditional use in the B-2 (Central Business) zone – Tiffany Crow ]

MOVING ALONG TO, ALRIGHT.

REGULAR AGENDA ITEM ONE.

DISCUSS WHETHER TO ADD A SCHOOL AS A CONDITIONAL USE IN, UH, B TWO, UH, CENTRAL BUSINESS ZONE, UH, MS. CROW.

ALRIGHT.

HELLO, I'M TIFFANY CROW.

I LIVE AT 1 0 5 PORTA.

UM, I AM THE OWNER OF INTENTIONAL ACTIONS, A BAA COMPANY HERE IN LAKE JACKSON.

I'D LIKE TO TAKE JUST A MINUTE TO TELL YOU ABOUT WHAT WE DO AND THEN WHAT I'M ASKING FOR.

THANK YOU.

JUST GONNA GO THROUGH, UM, OKAY.

SO WHAT IS, UH, WHAT DO WE DO AT INTENTIONAL ACTIONS A VA? WE PROVIDE A THERAPY CALLED APPLIED BEHAVIOR ANALYSIS, WHICH IS THE A VA.

AND IT IS, UM, THE SCIENCE OF HUMAN BEHAVIOR AND HOW, UH, PEOPLE BEHAVE IN RELATIONSHIP TO THEIR ENVIRONMENT.

[00:05:01]

UM, WE HAVE, WE WORK PREDOMINANTLY WITH CHILDREN, AND OUR CLIENTS MOSTLY COME TO US BECAUSE THEY HAVE TOO MUCH OF A BEHAVIOR LIKE PROBLEM BEHAVIOR, AND WE WANT TO DECREASE THAT BEHAVIOR, OR THEIR PARENTS DO.

UM, BUT ALSO OUR CLIENTS COME TO US WHEN THEY WANT TO INCREASE A NEEDED BEHAVIOR, SUCH AS, UH, COMMUNICATION, SOCIAL SKILLS, UM, IMITATION OR GENERAL COMPLIANCE.

UM, ADDITIONALLY, A BA IS WIDELY CONSIDERED THE GOLD STANDARD TREATMENT FOR AUTISM BECAUSE IT'S EVIDENCE BASED AND IT IS, UH, ENDORSED BY THE SURGEON GENERAL AND THE AMERICAN ACADEMY OF PEDIATRICS.

AND THE CDC, UM, A BA WORKS TO CHANGE BEHAVIOR FOR ALL OF US, BUT PREDOMINANTLY WE SEE CLIENTS WHO HAVE AUTISM BECAUSE, UM, INSURANCE ONLY COVERS A BA THERAPY FOR INDIVIDUALS THAT HAVE AN AUTISM DIAGNOSIS.

UM, WITH THAT SAID, I'D LIKE TO SHOW JUST A LITTLE BIT ABOUT WHAT OUR CLIENTS ARE SAYING ABOUT OUR THERAPY.

UH, IT'S HARD TO PUT INTO WORDS THE IMPACT THAT INTENTIONAL ACTIONS HAS HAD ON OUR FAMILY.

THEY HAVE BEEN A STABILIZING FORCE IN OUR LIVES, GIVING US TOOLS, GUIDANCE, AND SUPPORT SINCE WE FIRST WALKED THROUGH THEIR DOORS.

THEIR STAFF IS KIND, WELL TRAINED AND WELL SUPERVISED.

MY CHILD IS LEARNING EVERY DAY THANKS TO THIS TEAM, AND FEELS SAFE AND LOVED EVERY MOMENT HE'S THERE.

IT'S MY HOPE THAT THEY WILL BE GIVEN EVERY OPPORTUNITY TO GROW SO THAT THEY CAN SUPPORT EVEN MORE FAMILIES.

ROB SHELTON.

OKAY, SO AFTER THIS, THE FAMILIES GET A LITTLE BIT MORE WORDY.

SO I HIGHLIGHTED SOME KEY POINTS IN THEIR QUOTES AND THEN LEFT IT.

UM, HOPING THAT YOU GUYS, IF YOU WANTED TO READ THE ENTIRE THING, COULD GO BACK AND LOOK.

UM, I SKIPPED ONE.

I THINK WHEN WE GOT OUR, OUR DAUGHTER CLAIRE'S DIAGNOSIS, WE HAD NO IDEA WHERE TO START.

AFTER A FEW YEARS OF STRUGGLING, WE WERE BEYOND BLESSED TO FIND TIFFANY CROW AND HER STAFF AT INTENTIONAL ACTIONS.

A BA CLAIRE HAS MADE LEAPS AND BOUNDS IN HER AUTISM JOURNEY, AND A HUGE PART OF THAT IS BECAUSE OF OUR AMAZING A BA CLINIC.

NOW THIS IS CLAIRE WITH HER BROTHER, AND THIS IS, UM, A QUOTE FROM THEIR GRANDMOTHER, WHO'S ALSO HEAVILY INVOLVED IN THEIR THERAPY.

HAVING MY GRANDCHILDREN, CLAIRE AND JAMESON AS CLIENTS AT INTENTIONAL ACTIONS, A BA THERAPY, HAS BEEN LIFE CHANGING FOR OUR ENTIRE FAMILY.

I WOULD LIKE TO ALSO ADD THAT HAVING THIS THERAPY CLINIC IN LAKE JACKSON WHERE WE CAN EASILY TAKE THEM OUT OF SCHOOL AND BACK WITHOUT HAVING TO DRIVE LONG DISTANCE, IS A GAME CHANGER FOR US, SHELLY MARTIN.

UM, AND THEN, UH, LASTLY, UM, THIS IS THE LITTLE SUPERHERO IN THE FRONT.

ALEX USED TO HAVE MELTDOWNS EVERY SINGLE DAY, KICKING THINGS, SCREAMING, ANGER, OUTBURSTS, CONSTANT REFUSAL, ET CETERA.

AND SINCE STARTING A BA, HE'S HAD ONLY A COUPLE OF MELTDOWNS.

LET ME EMPHASIZE ONLY A COUPLE MELTDOWNS A MONTH.

THIS IS HUGE AND SHOWS GRIT, THE GREAT WORK.

UM, THEY DO AN INTENTIONAL ACTIONS A, BA.

OUR DAILY LIVES HAVE GREATLY IMPROVED.

WE CAN TAKE MORE FAMILY OUTINGS NOW WITHOUT BEING AFRAID.

WE WILL BE JUDGED FOR HIS BEHAVIORS.

I USED TO HESITATE EVEN TAKING HIM TO THE GROCERY STORE, AND NOW IT'S NOT EVEN A QUESTION THAT CROSSES MY MIND.

PARENTS OF SPECIAL NEEDS.

KIDS KNOW HOW HARD IT IS TO FIND RESOURCES WE NEED HERE IN OUR TOWN, AND I'M GLAD TO SEE MS. TIFFANY HAS BEEN ABLE TO HELP PROVIDE SUCH RESOURCES WITH A GREAT TEAM OF EXPERIENCED, LOVING AND CARING THERAPISTS HERE IN LAKE JACKSON.

UM, THANK YOU.

IT'S AUDREY CODMAN.

SO WITH THAT, WE'RE GROWING AND WE'RE EXPANDING, AND THAT IS WHAT BRINGS ME HERE TODAY.

CURRENTLY WE SERVE ABOUT 22 CLIENTS.

OUR THERAPY IS TIME CONSUMING, IT'S RIGOROUS.

OFTEN CLIENTS ATTEND FOR YEARS.

UM, MY PERSONAL GOAL IS TO PROVIDE QUALITY OVER QUANTITY, TO GROW SLOW AND STEADY SO THAT WE CAN REALLY, UM, MAKE THOSE LIFE CHANGING RESULTS WITH THE FAMILIES AND THE INDIVIDUALS.

UM, WITH THAT SAID, WE HAVE SOME DAUNTING NUMBERS THAT WE'RE FACING.

OUR CURRENT WAIT LIST IS, UM, AT 184 INDIVIDUALS.

UH, THE BRAZORIA COUNTY RESIDENTS ARE DESPERATE FOR THESE SERVICES, BUT THE NEEDS GO BEYOND THE, THE THERAPY THAT WE PROVIDE.

UM, WITH OUR THERAPY, UH, SPECIFICALLY APPLIED BEHAVIOR ANALYSIS, WE ARE LIMITED WITH THE INSURANCE FUNDERS, UM, TO FOCUSING ON BEHAVIORAL GOALS ONLY.

SO WE STAY WITHIN THAT BOX.

NOW WE CAN PRESENT AND WORK ON ACADEMIC TASKS, BUT ONLY THROUGH THE LENS OF BEHAVIOR THEY WILL TOLERATE.

THEY WILL ACCEPT, THEY WILL SIT AND DO THIS GOAL.

UM, WHICH LEADS ME TO WHAT WE LIKE TO DO.

JUST A FEW STATISTICS ABOUT OUR CLIENTELE.

CURRENTLY, ABOUT 30% OF OUR CURRENT CLIENTS, SIX OUTTA 22, ARE NOT ABLE TO ATTEND THEIR SCHOOL OF CHOICE.

[00:10:01]

83%.

SO THIS IS FIVE.

OUT OF THAT, SIX OF THESE CLIENTS LISTED ABOVE ARE ACADEMICALLY ON GRADE LEVEL, UM, 31%, WHICH IS ALMOST THAT ENTIRE TOTAL.

THESE TOP THREE PERCENTAGES ARE, WE'RE ESSENTIALLY TALKING ABOUT THE SAME KIDS.

UM, THEY'RE EITHER HOMESCHOOLED OR HAVE SOME TYPE OF ADAPTED.

THEY PRESCHOOL MODEL, MEANING THEY HAVE CHOSEN TO, UM, PULL THEIR CHILDREN OUT OF SCHOOL AND THEY SPEND TIME WITH US AND THEN ARE AT HOME.

UH, AND THEN THE OTHER 70% OF OUR CLIENTS, UM, ATTEND SCHOOL, BUT THEY ARE MORE IN A SELF-CONTAINED, UH, LIFE SKILLS TYPE CLASSROOM THAT NEEDS MORE SUPPORTS.

SO WHAT SOME OF THIS, WHAT DO THE, THIS NUMBERS SHOW REALLY IS THAT 30% OF OUR CLIENTS CAN LEARN THE SAME ACADEMIC THINGS THAT THEIR PEERS ARE.

THEY'RE ACADEMICALLY AT THE SAME LEVEL, BUT THEY DON'T HAVE AN ACADEMIC ENVIRONMENT WHERE THEY CAN THRIVE AND LEARN.

UM, SO, UH, JUST THROWN IN THERE, ABOUT 90% OF OUR STAFF HAVE PREVIOUSLY WORKED IN SCHOOLS.

WE'RE ALMOST ALL EDUCATORS.

SO WHAT WE WOULD LIKE TO DO IS PROVIDE A SMALL PRIVATE SCHOOL OPTION FOR OUR CLIENTS THAT ARE STRUGGLING, UM, IN THOSE ACADEMIC SETTINGS ALREADY.

UM, SO WHY DO YOU GUYS NEED TO KNOW ABOUT THAT? IN OUR CURRENT LOCATION, WHICH WE WOULD LOVE TO STAY IN AND ARE EXPANDING WITHIN THE BUILDING, WE CURRENTLY FALL WITHIN THE B TWO CENTRAL BUSINESS ZONING AREA ON THE CITY CHART.

SO I AM REQUESTING THAT EDUCATION BE ADDED AS A SPECIAL USE IN ZONE B TWO.

I EVEN HIGHLIGHTED IT IN YELLOW FOR YOU GUYS, , IF YOU WANTED TO SEE WHERE IT GOES.

I DID SOME CUTTING AND PASTED.

OKAY, SO THIS IS, THIS IS KIND OF A LOOK AT WHERE WE ARE CURRENTLY.

WE ARE IN THE DOCTOR'S PARK DOWNTOWN LAKE JACKSON.

UM, DOES IT HAVE A LASER POINTER RIGHT HERE? OH, I DON'T GOT ANOTHER THIS.

OH, HOW DISAPPOINTING WOULD IT BE IF I DIDN'T USE A LASER POINTER FOR A SECOND? OKAY, HERE WE ARE.

SO IF YOU, THIS IS THE ALLEYWAY THAT GOES BEHIND SUBWAY, AND THIS IS THE AT AND T BUILDING THAT WAY.

UH, HERE'S THE LOCAL AND SHIPS, IF THAT HELPS.

UM, SO WE'RE RIGHT HERE.

THIS, UM, AND THIS BLUE PURPLE LINE IS ALL OF THE, BY THE SAME OWNER AND WE ARE HERE ON THIS HALF OF THIS BUILDING.

UM, SO SOME IMPORTANT THINGS TO NOTE IS OUR DISTANCE FROM OTHER COMPANIES, BUT ALSO THE TWO TIERS OF PARKING.

SO ALL WITHIN THE LIGHT GREEN AREA IS INTERNAL PARKING FOR THE DOCTOR'S PARK ONLY.

AND THEN THE REALLY LIGHT YELLOW ARE ALSO A CITY PARKING.

UH, ADDITIONALLY, SOMETHING THAT, UM, MIGHT BE IMPORTANT TO NOTE IS THAT, UM, OUR CLIENTELE WON'T BE DRIVING, SO WE WILL NOT NEED PARKING FOR OUR STUDENTS, ONLY STAFF THAT WOULD EASILY FIT WITHIN OUR INTERNAL PARKING.

UM, LASTLY, I HAVE A NOTE FROM DR. ANDERSON, THE PROPERTY OWNER, UM, SAYING THAT HE'S IN FULL SUPPORT OF, UH, THIS EXPANSION AND WHAT WE'RE DOING, POTENTIALLY MOVING INTO THE PRIVATE SCHOOL BUSINESS.

OKAY.

I BELIEVE THAT CONCLUDES MY, MY PART OF THE PRESENTATION.

AND AGAIN, UH, IF YOU COUNSEL, IF YOU HAVE ANY QUESTIONS, MS. CROW, , I'LL BE ABLE TO ANSWER YOUR QUESTIONS IN MORE GREATER DETAIL AND STUFF.

BUT AGAIN, THE, THE PURPOSE HERE TONIGHT IS, IS FOR HER TO GIVE HER PRESENTATION WHAT SHE WOULD LIKE TO DO, AND FOR US TO MAKE A, UH, TO DECISION ON IF, UH, IF WE FEEL LIKE WE'RE IN SUPPORT OF THIS GOING TO PLANNERS, UH, IT HAS TO GO TO PLANNERS TO, UH, AND THEY'LL GO THROUGH THEIR, UH, PROCESS OF, UH, DETERMINING IF THEY WANT TO SEND A RECOMMENDATION FOR US TO GO WITH A, UH, THE REQUEST TO MAKE THIS A CONDITIONAL USE, UH, FOR B TWO MODESTA.

THE, UH, ONE ITEM I I WANTED TO NOTE, MS. GRO APPROACHED, UM, COUNCILMAN SETH, UH, YOU KNOW, FIRST PRIMARILY.

AND THEN, UM, AND THEN MS. SETH, UH, UM, ASKED MS. CROW TO, YOU KNOW, TALK TO, UH, STAFF.

AND WE HAD A MEETING LAST WEEKEND AND WE, UH, GAVE HER, YOU KNOW, SOME GUIDANCE, UM, RATHER THAN, WE THOUGHT THE MOST APPROPRIATE PATH IF COUNSEL WAS INTERESTED WAS A SPECIAL, UH, OR CONDITIONAL USE IN THE B TWO ZONE.

UH, PRIMARILY BECAUSE, YOU KNOW, IN EACH CIRCUMSTANCE AND B TWO, UM, I THINK, UH, ANNA, CAN YOU PULL UP THE MAP? THERE'S A MAP.

B TWO IS, A LOT OF IT IS DOWNTOWN, BUT IT ALSO, UH, GOES ACROSS

[00:15:01]

THE HIGHWAY AS, AS WELL, UM, IN FRONT OF, UH, STATE HIGHWAY 3 32.

SO IT IS, UH, IT CAN BE, UH, QUITE LARGE.

SO I WANT TO JUST MAKE SURE THAT WE KNOW THE AREA THAT B TWO IS, IS COVERING.

SO B TWO RIGHT NOW IS EVERYTHING IT, LIKE, I WANNA CALL IT THAT, UH, P THAT P GREEN, UM, LEMME SEE IF I, NOPE.

WHOOPS.

THERE YOU GO.

THIS IS B TWO.

SO DOWNTOWN PRIMARILY, UH, THIS IS WHERE MS. CROW'S BUSINESS IS CURRENTLY.

UH, BUT ALSO THE, THESE AREAS ARE ALSO, UH, B TWO.

UM, SO IF COUNCIL WAS GOING TO CHANGE THE ZONE AND ALLOW SCHOOLS AS A CONDITIONAL USE, IT WOULD AFFECT ALL OF THESE AREAS.

THE REASON WHY STAFF'S GUIDANCE IS FOR YOUR CONSIDERATION IS A P TWO IS THAT EVERY SITUATION IS DIFFERENT IN THIS SITUATION.

YOU KNOW, PLANNERS, YOU KNOW, COULD LOOK AT IT.

PARKING IS AVAILABLE IN ANOTHER PORTION OF DOWNTOWN.

IT MAY NOT BE ALSO THE SIZE OF THE SCHOOL, UH, COULD BE, YOU KNOW, SOMETHING TO TAKE INTO, INTO CONSIDERATION AS WELL.

IT GIVES, IT STILL GIVES, YOU KNOW, WITH GUIDE RAILS THAT WHAT COUNCIL WANTED TO SET UP A PLANNING, IT COULD GIVE GUIDE RAILS TO THE PLANNING COMMISSION TO CONSIDER.

'CAUSE EACH SITUATION COULD BE DIFFERENT TO THE LOCATION OR ALSO THE SIZE OF THE SCHOOL.

UM, OR OPERATING HOURS AS WELL.

UM, YOU KNOW, IN THE FUTURE, THE COL IF YOU OPEN B TWO, THE COLLEGE MIGHT WANNA PUT A NIGHT CAMPUS, YOU KNOW, DOWN SCHOOL.

THAT MAY BE A GREAT IDEA, BUT, BUT THERE MAY NOT BE THE AVAILABLE PARKING, YOU KNOW, FOR IT.

AND SO YOU MAY WANT TO HAVE THAT FLEXIBILITY TO, UH, SAY YES OR NO OR OR GUIDANCE OF WHERE ELSE IT CAN BE LOCATED IN A BETTER SPOT.

YEP.

BUT THE CONDITION WE USE CAN COVER CAN COVER THAT FROM HAPPENING, RIGHT? SO IT DOES, IT GIVES YOU MORE CONTROL.

SO, WHEN MS. CROW APPROACHED ME, SO TO BE UNDERSTANDING TO THE DOCTOR'S PARK BUILDING THAT SHE'S IN, IT'S 1 0 6 CIRCLE WAY.

THERE ARE THREE SUITES UNDER THAT ONE ROOFTOP.

SHE'S CURRENTLY IN SUITE C AND IS WANTING TO TAKE OVER ANOTHER SUITE WITHIN THAT SAME BUILDING.

SO NOT A LOT OF CHANGE, YOU KNOW, IN TERMS OF CONSTRUCTION OR ANYTHING LIKE THAT.

BUT, UM, I WAS EXCITED ABOUT IT 'CAUSE I KNOW THAT OUR AREA DOESN'T HAVE A LOT OF RESOURCES THAT SHE IS TRYING TO PROVIDE.

UM, AND THEN I AGREED WITH MR. MUNDO THAT THE CONDITIONAL USE IS A GREAT IDEA BECAUSE IT, WE DON'T WANNA MAKE A LOT OF CHANGES TO THE B TWO BECAUSE IT DOES AFFECT EVERYBODY PERMANENTLY, BUT THE SPECIAL USE IS TIED SPECIFICALLY TO THAT BUSINESS.

SO IF THE BUSINESS LEFT, THEN WE'RE NOT TIED TO THAT, BUT IT CERTAINLY ALLOWS A LOT OF RESOURCES FOR, FOR OUR COMMUNITY.

AND CURRENTLY, B TWO IS, I MEAN, B TWO SCHOOLS ARE IN AN INSTITUTIONAL ZONE AS B THREE ALONG WITH, UH, CHURCHES AND CHURCHES ARE ALLOWED IN A B TWO AS A CONDITIONAL USE.

UH, SO IT SEEMED MAYBE APPROPRIATE, UH, AS WELL.

AND MS. CROW, WHAT WAS THE MAXIMUM NUMBER OF STUDENTS THAT YOU WERE LOOKING AT IN THAT BUILDING? UM, ABOUT 15.

ABOUT 15? YEAH.

SO 15 ADDITIONAL STUDENTS, THAT'S MAX AND THAT HAPPENED ALL AGES.

UH, WE, WE HAVE A CAP AT 18, BUT FOR THIS, UH, WE'RE GONNA START AT ELEMENTARY AGE AND THEN POTENTIALLY DO THE MODEL SIMILAR TO SOME OF THE OTHER PRIVATE SCHOOLS WHERE WE MAY GROW WITH THEM AS THEY GROW AND BUILD THOSE GRADE LEVELS.

BUT REALLY THE INTENT IS TO BE MORE OF A TRANSITIONAL SCHOOL WHERE THEY COME IN, WE HELP THEM BUILD THE SKILLS THEY NEED TO GO BACK OUT TO A TRADITION, A A TRADITIONAL PRIVATE SCHOOL OR EVEN PUBLIC SCHOOL.

SO HOPEFULLY NOT KEEPING THEM THROUGHOUT THEIR ENTIRE EDUCATION.

I FORGOT TO INVITE YOU GUYS TO COME VISIT OR TO, IF YOU WANNA KNOW MORE ABOUT WHAT WE DO, UH, ANY OF YOU, I'D LOVE TO TELL PEOPLE ABOUT IT.

SO, UH, GET WITH ME LATER OR EVEN COME VISIT.

I'D LOVE TO SHOW YOU WHAT WE'RE DOING.

IT'S COOL STUFF.

OKAY? YEAH.

DOES ANYBODY HAVE ANY OTHER QUESTIONS? SO YOU HAVE STUDENTS FROM PRE-K TO HIGH SCHOOL? YES, SIR.

I, I CURRENTLY HAVE A FEW 20 YEAR OLDS.

OKAY.

THEY GREW UP ON ME.

.

YEAH.

A LOT OF 'EM ARE GETTING, THEY'RE, THEY'RE ASKED TO LEAVE THEIR DAYCARES AND PRESCHOOLS PREDOMINANTLY.

SO DO WE NEED A, A MOTION? I JUST, YES.

IF IT NEEDED RECOMME, UH, A MOTION AND RECOMMENDATION TO, THEN IT WOULD GO TO THE PLANNING COMMISSION.

WE WOULD HAVE A PUBLIC HEARING, UH, FOR IT.

AND THEN, UM, THEN THEY WOULD HEAR AND THEN MAKE THEIR RECOMMENDATION BACK TO, YOU KNOW, TO YOU WITH ANY, YOU KNOW, GUIDANCE OR RESTRICTIONS THAT THEY FEEL WOULD, UH, BE, YOU KNOW, NECESSARY.

AND WE'VE WARNED MS. CROW, THIS PROCESS IS NOT FAST, UH, AND STUFF, IT'S DELIBERATIVE.

UH, AND THEN

[00:20:01]

THEY WOULD MAKE A RECOMMENDATION AND COME BACK TO YOU WITH YOUR PUBLIC HEARING ORDER.

SO THE MOTION WOULD BE IS TO SEND THE, UH, RECOMMENDATIONS, SEND IT TO, UH, P YOU READY FOR THAT? MM-HMM.

YES, MA'AM.

ALL RIGHT.

SO I WILL MAKE A MOTION TO SEND TO PLANNERS OUR RECOMMENDATION TO ALLOW EDUCATION TO BE ADDED AS A SPECIAL USE PERMIT.

CONDITIONAL CONDITIONAL USE.

WHAT? SPECIAL.

SPECIAL.

I SECOND THAT.

ALRIGHT.

I HAVE A MOTION BY COUNCILWOMAN SETH.

AND A SECOND BY, UH, COUNCILMAN HANYA.

ANY FURTHER DISCUSSION? CALL FOR A VOTE.

ALL IN FAVOR SAY AYE.

AYE.

ANY OPPOSED? ALRIGHT.

THANK YOU.

THANK YOU.

IT MOVES FORWARD IN THE PROCESS.

THANK YOU.

I WILL WAIT PATIENTLY.

I HAVE, UH, LETTERS FROM THE OWNER WHO, WHO YOU CAN HAND IT TO THE SILENT HERE OR SOMETHING, OR ANNA JUST HAND IT TO, AH, SHE HAD CAN PASS AND GIVE 'EM TO US.

THANK YOU.

THANK YOU GUYS.

ALRIGHT.

THANK YOU VERY MUCH.

THANK YOU MS. CR.

ALL RIGHT.

WE'LL MOVE

[2. Discuss and consider the presentation of the Charter Review Commission Report and the Council’s recommendation for changes to the Charter. – Will Brooks ]

ON TO ITEM TWO IS DISCUSS AND CONSIDERATE A PRESENTATION OF THE CHARTER REVIEW COMMISSION REPORT AND THE COUNCIL'S REC RECOMMENDATION FOR CHANGES TO THE CHARTER.

MR. BROOKS, WELCOME BACK.

YES, IT'S GOOD TO BE BACK.

I'M WILL BROOKS.

I LIVE AT TWO 16 BANGING DRIVE, LAKE JACKSON, TEXAS.

I HAVE IT ALL WRITTEN OUT WHERE I DON'T GET OFF A SCRIPT AND START PREACHING TO Y'ALL.

SO WE WILL START OFF BY SAYING I'VE BEEN YOUR AMEN CORNER .

I KNOW YOU WOULD.

I I KNOW I GOT SEVERAL OF YOU ON MY AMEN CORNER.

SO WE GOOD? I GOT A NEW ONE IN LEONARD HERE, .

SO WE ARE ALL GOOD.

WE'VE ALL GOTTEN ALONG AND HAD FUN TO THE HONORABLE MAYOR AND CITY COUNCIL, THE MEMBERS OF THE 2025 CHARTER REVIEW COMMISSION.

WANT TO THANK THE CITY COUNCIL FOR TRUSTING US TO REVIEW, TO REVIEW OUR CITY GOVERNING DOCUMENT, THE CITY CHARTER.

WE TAKE THIS RESPONSIBILITY SERIOUSLY AND ARE HUMBLED BY YOUR CONFIDENCE IN US TO DO THIS JOB.

AS YOU KNOW, OUR CITY VOTERS ADOPTED OUR CITY CHARTER IN JANUARY, 1954, WHERE MOST OF YOU WERE NOT BORN, CORRECT? YES.

ONE PROVISION IN THAT CHARTER WAS THAT IT BE REVIEWED EVERY TWO YEARS ON ODD NUMBER YEARS CHARTER REVIEW COMMISSIONS HAVE FAITHFULLY FULFILLED THIS DUTY FOR THE PAST 71 YEARS.

OVER THE YEARS, NUMEROUS REVISIONS AND AMENDMENTS TO THE CHARTER HAVE BEEN RECOMMENDED TO THE CITY COUNCIL, AND MANY OF THESE RECOMMENDATIONS HAVE BEEN SUBMITTED TO THE VOTERS FOR THEIR CONSIDERATION.

ALSO, OVER THE YEARS, EDITORIAL CHANGES THAT DON'T REQUIRE VOTE FROM THE PEOPLE HAVE BEEN RECOMMENDED TO THE CITY COUNCIL.

WE HELD THE FIRST MEETING OF THE 2025 CHARTER REVIEW COMMISSION ON JULY 8TH, 2025.

WE ORGANIZED OURSELVES AS ELECTED, UH, MYSELF, WILL BROOKS AS CHAIRMAN, UH, MR. DREW DAVENPORT AS OUR SECRETARY.

OUR COUNCIL LA WAS COUNCIL MEMBER LEONARD SCHOOLER.

WE THEN SET OUR MEETING SCHEDULED TO MEET ON THE SECOND AND FOURTH TUESDAYS OF EACH MONTH AT 5:30 PM AT CITY HALL IN THE CONFERENCE ROOM.

THESE MEETINGS WERE PROPERLY POSTED BY OUR CITY SECRETARY TO ENSURE COMPLIANCE WITH THE OPEN MEETINGS ACT.

OUR NOVEMBER MEETING WAS HELD ON THE FIRST TUESDAY OF THE MONTH DUE TO MEMBER SCHEDULING CONFLICTS.

AT OUR JULY 22ND MEETING, WE HAD AN EXTENSIVE DISCUSSION ON THE, THE, UH, REHABIL, UH, UH, REHABILITATED OF THE CHARTER DOCUMENT.

WHETHER WE SHOULD UNDERTAKE AN EXTENSIVE REWRITE OF THE CHARTER, NOT TO CHANGE ITS PROVISIONS, BUT TO, TO UPDATE THE DOCUMENT AND MAKE IT EASIER TO READ WHILE ON THE SURFACE THIS SEEMED TO BE A REASONABLE IDEA, THE UNINTENDED LEGAL CONSEQUENCES OF REWORDING THE DOCUMENT BECAME APPARENT.

WE ALSO REALIZED THIS WAS WELL OUTSIDE THE SCOPE OF CHARTER REVIEW AND WOULD LIKELY REQUIRE SUBMITTING A NEW REWRITTEN CHARTER TO THE VOTERS FOR APPROVAL.

AGAIN, THE CHARTER AS WRITTEN, HAS SERVED OUR CITY WELL.

AND THE IDEA OF A, OF A REWRITE WAS NOT ABOUT, UH, ITS CONTENT OR SUBSTANCE, BUT ABOUT RELIABILITY.

SO, WE, UH, CHOSE TO FOCUS ON THE REGULAR REVIEW AS PREVIOUS CHARTER REVIEW COMMISSIONS HAVE DONE.

WE'VE REVIEWED EVERY SECTION, EVERY WORD WITHIN EACH SECTION.

REVISIT OUR MAYOR GERALD ROMANOWSKI RKI, UH, CITY MANAGER, MODESTO MUNDO, CITY ATTORNEY CHERYL RUSSELL, AND CITY

[00:25:01]

SECRETARYS RIA.

WE INVITED ALL COUNCIL MEMBERS TO MEET WITH US.

COUNCIL MEMBER VENE HAI TOOK US UP ON THE OFFER.

WE ALSO EXTENDED AN INVITATION TO THE CHAIRS OF ALL CHARTER CREATED BOARDS AND COMMISSIONS.

MS. AMY TESTO, UH, OF KEEP LAKE JACKSON BEAUTIFUL.

MET WITH US.

WE APPRECIATE ALL THE THOUGHTS AND COMMENTS PROVIDED BY ALL OF THESE PEOPLE DURING OUR REVIEW.

WE DETERMINED THAT THE CHARTER IS IN GOOD ORDER AND IS SERVING OUR CITY WELL.

AFTER OUR REVIEW, WE HAVE JUST A HANDFUL OF RECOMMENDED CHANGES FOR THE CITY COUNCIL TO CONSIDER RECOMMENDED CHANGES.

WE HAVE ONE SMALL EDITORIAL CHANGE TO RECOMMEND.

SECTION 3.01 F THREE.

REMOVE THE WORD OF AFTER THE WORD THREE REASONS THE WORD IS UNNECESSARY.

WE HAVE THREE POTENTIAL CHANGES THAT THE CITY COUNCIL COULD SUBMIT TO THE VOTERS.

SECTION FIVE OUT OH ONE ELECTIONS REPLACE THE FIRST SENTENCE.

CURRENT LANGUAGE, REGULAR MUNICIPAL ELECTIONS SHALL BE CONDUCTED BY THE APPOINTED ELECT, UH, ELECTION AUTHORITIES, AND SHALL BE HELD ON A UNIFORM ELECTION DATE SET IN THE STATE LAW.

NEW LANGUAGE.

ALL MUNICIPAL ELECTIONS OF THE CITY OF LAKE JACKSON SHALL BE CONDUCTED BY THE CITY OR OTHER ELECTION AUTHORITIES AS PROVIDED BY LAW IN ACCORDANCE WITH THE TEXAS ELECTION CODE AND APPLICABLE STATE LAW.

REASON TO CO TO REFLECT OUR CURRENT PRACTICE, UH, IN THIS CASE, YOU KNOW, CONTRACTING THE BRAZORIA COUNTY TO CONDUCT OUR ELECTIONS.

UH, SECTION 6 0 6 PUBLIC HEARING TO BE HELD, REPLACE THE LAST SENTENCE, CURRENT LANGUAGE.

IN THIS EVENT, THE CITY COUNCIL SHALL ORDER SUCH PUBLIC HEARING TO BE HELD, NOT LESS THAN FIVE DAYS, NO MORE THAN 15 DAYS AFTER RECEIVING SUCH REQUESTS FOR A PUBLIC HEARING.

NEW LANGUAGE.

IN THIS EVENT, THE PUBLIC HEARING WILL BE HELD AT THE NEXT REGULAR SCHEDULED CITY COUNCIL MEETING.

REASON TO REMOVE THE RESTRICTIONS, WHICH MAY RUN A WHOLE OF NEW STATE LAW ON WHEN OFFICIAL CITY MEETINGS CAN BE POSTED AND HELD.

THIS WAS RECOMMENDED BY OUR CITY ATTORNEY CHERYL RUSSELL.

SECTION 11, UH, DOC ONE FOUR CHARTER REVIEW COMMISSION REPLACE THE FIRST SENTENCE, CURRENT LANGUAGE THE CITY COUNCIL SHALL APPOINT WITHIN 45 DAYS AFTER THE REGULAR CITY ELECTION OF EACH ODD NUMBER YEAR, A CHARTER REVIEW COMMISSION OF FIVE CITIZENS OF THE CITY OF LAKE JACKSON.

NEW LANGUAGE, THE CITY COUNCIL SHALL APPOINT WITHIN 45 DAYS AFTER THE REGULAR CITY ELECTION, AN ODD NUMBER OF YEARS TO MEET NO MORE THAN ONCE EVERY TWO YEARS, AND NO LESS THAN ONCE EVERY SIX YEARS, A CHARTER REVIEW COMMISSION OF FIVE CITIZENS OF THE CITY OF LAKE JACKSON.

REASON THIS GIVES THE CITY COUNCIL THE OPTION OF HAVING A CHARTER REVIEW COMMISSION MEET ON A LESS FREQUENT BASIS THAN THE CURRENT ONE YEAR, ONCE EVERY TWO YEARS.

AS NOTED EARLIER, THE CHARTER REVIEW COMMISSION HAS MET EVERY ODD NUMBER YEAR SINCE THE CHARTER WAS ADOPTED.

EACH COMMISSION HAS DONE A THOROUGH REVIEW.

THIS HAS LEFT THE CHARTER IN VERY GOOD CONDITION AND NOT NEEDING A REVIEW AS FREQUENT AS EVERY TWO YEARS.

YET THIS GIVES THE CITY COUNCIL THE OPTION TO HAVE THE COMMISSION MEET IN TWO YEARS IF, SAY, THE STATE LEGISLATION MAKE SUBSTANTIAL CHANGES THAT NEED TO BE ADDRESSED IN THE CHARTER.

YET, IF THERE HAVE BEEN, HAVEN'T BEEN ANY ISSUES WITH THE CHARTER, THE COUNCIL COULD CHOOSE TO EXTEND THE REVIEW TO ONCE EVERY FOUR OR SIX YEARS.

OUR CITY ATTORNEY AND STAFF REVIEWED WHAT OO OTHER HOME RULE CITIES DO FOR THEIR CHARTER REVIEW FREQUENCY, AND THE STANDARD APPEARED TO BE ABOUT EVERY SIX YEARS.

CONCLUSION, ONCE AGAIN, WE, THE MEMBERS OF THE 2025 CHARTER REVIEW COMMISSION WISH TO THANK THE COUNCIL FOR ALLOWING US TO REVIEW OUR CITY GO GOVERNING DOCUMENT.

WE FIND THAT OUR CHARTER IS IN EXCELLENT CONDITION, AS IN, AND IS SERVING OUR CITY.

WELL, THIS IS RESPECTFULLY SUBMITTED.

WILL BROOKS, CHAIR DREW DAVENPORT'S SECRETARY ERIC KENON, KEVIN LINDER SMITH, AND WILLIAM P NEY THAT WAS READ IN ITS ENTIRETY FOR RECORDS PURPOSES

[00:30:01]

AND TO BE RECORDED TO KEEP Y'ALL OUT OF TROUBLE.

THANK YOU VERY MUCH.

THANK YOU.

THANK YOU.

I JUST HAVE ONE QUESTION.

YES.

THE VERY LAST RECOMMENDATION.

YES.

DOES THAT JUST MEAN Y'ALL ARE TIRED OF US ASKING Y'ALL TO KEEP COMING BACK AND SERVING? NEARLY SIX YEARS IS DONE EVERY OTHER YEAR.

, WE'RE GONNA BE PUSHING 80.

YEAH.

, Y'ALL KNOW A LOT.

SO JUST CURIOUS.

SO ONE, ONE OF THE, ONE OF THE THINGS THAT I ALWAYS RECOMMEND, YOU ALWAYS, YOU ALWAYS WANT TO HAVE TWO OF US OLDER PEOPLE FOR THE HISTORY PURPOSES, BUT THE REST OF THEM YOUNG.

SO WE HAVE FRESH IDEAS.

MM-HMM .

ALWAYS IN EVERYTHING.

AND WE'VE HAD A GOOD MIX OF THAT.

I, OH YEAH.

WE HAVE A GOOD MIXTURE AND EVERYTHING, BUT THE HISTORY'S ALWAYS IMPORTANT BECAUSE THERE'S SO MANY DETAILS AND SO MANY THINGS THAT, THAT LOOKS GOOD, BUT DON'T END UP BEING GOOD.

SO WE GET ANY, UH, YOU KNOW, THE RECOMMENDATIONS.

UH, THE ONE THAT REALLY STANDS OUT IS, IS AGAIN, THE LAST ONE THERE IS, AND MAKING THAT RECOMMENDATION THAT WE CHANGE THE TIMING ON IT.

THAT MAKES SENSE.

MM-HMM .

AND, UH, UM, IT'S NOT A, IT'S NOT AN EASY PROCESS TO GO THROUGH THE CHARTERS, YOU KNOW? UH, NO, I'VE SET ON IT TO AND, AND STUFF.

SO, UH, BUT, UH, IT'S, I THINK IT'S, I THINK IT'S A VERY GOOD IDEA FOR US TO, TO SPREAD THAT OUT.

AND AGAIN, WE ALWAYS HAVE THE OPTION TO COME BACK, DO IT.

YES.

IN TWO YEARS.

YES.

ABSOLUTELY.

ESPECIALLY IF THE LEGISLATURE CONTINUES TO DO WHAT THEY DO.

THAT'S THE KEY.

UH, BUT ANYWAY.

ANYBODY ASK, HAVE ANY QUESTIONS FOR STARTED ON THAT PART? THANK YOU.

THANK YOU.

ALL SERVICE.

THANK Y'ALL VERY MUCH.

OKAY.

YEP.

THANK YOU.

UH, WITH MY MEMBERS STAND.

YEAH.

THEY'RE RAISING THEIR HAND.

RAISE YOUR HAND.

ALRIGHT.

THANK YOU VERY MUCH.

THANK YOU VERY MUCH GUYS.

AND WE'LL HAVE THE OPPORTUNITY, UH, IN FURTHER, UH, AGENDAS TO MAKE FINAL DISCUSSIONS AND RECOMMENDATION AND MAKE FINAL RECOMMENDATIONS.

WHEN DO WE HAVE TO, IS IT FEBRUARY IS THE DATE AND WE HAVE TO DETERMINE WHAT GOES ON TO YES.

YEAH.

FEBRUARY THE 13.

OKAY.

IT'S, SO WE'LL DISCUSS IT, UH, FOR SURE NEXT MONTH IN JANUARY, MAKE SOME FINAL DECISIONS ON, ON WHAT WE GO FORWARD WITH.

ALRIGHT.

[3. Discuss and consider the recommendation from the Traffic Commission to reduce the Sleepy Hollow Subdivision speed limit from 30 mph to 25 mph. – Modesto Mundo]

WE'LL GO ON TO, UH, ITEM THREE.

UH, DISCUSS AND CONSIDER RECOMMENDATION FROM THE TRAFFIC COMMISSION TO REDUCE A SLEEPY HOLLOW SUBDIVISION SPEED LIMIT, UH, FROM 30 MILES PER HOUR TO 25.

AND AGAIN, THIS WAS A REQUEST, UH, WHEN WE, WE BOTH, WE, ALL OF US SAT HERE WHENEVER, UH, THE RESIDENTS CAME TO US OF THAT NEIGHBORHOOD, UH, TO TALK ABOUT THE TIMING ON THE CONSTRUCTION RECONSTRUCTION REBUILD OF THEIR STREETS.

AND ALSO THEY, THEY MADE THIS REQUEST THAT WE WOULD TAKE THIS TO TRAFFIC, WHICH WE DID.

AND THEN TRAFFIC CAME WITH THE RECOMMENDATION.

SO JUST, THEY DID, UH, THE TRAFFIC COMMISSION MET, THERE WAS TWO ITEMS THAT WERE BEING DISCUSSED.

UH, UM, AND THE TRAFFIC COMMISSION BROKE IT OUT INTO TWO.

UH, THE FIRST ONE WAS THE PRODUCTION SPEED LIMIT THAT WAS REQUESTED BY THE CITIZENS OF, UH, FROM 30 MILES AN HOUR.

UM, AND I THINK THE ORIGINAL REQUEST TO SEE IF WE COULD DO 20, BUT SHERRY HAD FOUND THAT THEY, THE MOTION THAT WE COULD REDUCE IT IS, UH, 25 BY STATE LAW.

RIGHT.

UH, THAT LAW CHANGED, UH, SEVERAL YEARS AGO.

AND THEN, UH, THE SECOND REQUEST WAS FOR, UH, THE POSSIBILITY OF SPEED HUBS.

UH, THE RESIDENTS AND THE TRAFFIC COMMISSION WANTED TO HOLD OFF ON SPEED HUBS AND TRY, UM, THE SPEED LIMIT, UH, FIRST.

UM, AND THEN I, AND THE, AND THE SPECIAL CIRCUMSTANCE AGAIN IS, YOU KNOW, THE WIDTH OF THE ROAD.

IT'S A CLOSED NEIGHBORHOOD.

SO IT SEEMED THAT, UM, UH, THAT, YOU KNOW, THE POSSIBILITY OF, YOU KNOW, WOULDN'T MAKE SENSE THAT IT WAS A SPECIAL CIRCUMSTANCE AND THAT IT'S NOT LIKE ANY OTHER ROADS, UH, IN, IN TOWN, UH, BECAUSE OF THE, THE WAY IT'S CONSTRUCTED.

UM, YEAH.

SO, YEAH, SO IF YOU'VE SEEN YOUR NOTES THERE AS THE TRAFFIC COMMISSION, UH, MADE THIS DECISION AS RECOMMENDATION, UNDERSTANDING, TAKING INTO ACCOUNT THE WIDTH OF THE ROAD, THAT THERE'S BAR DITCHES, NO CURBS AND GUTTERS.

UH, AND, UH, EVEN THOUGH WE ARE GONNA PUT CURVING IN WHEN WE DO THIS, BUT THERE WON'T BE ANY SIDEWALKS AND SO FORTH.

THERE'S NO THROUGH STREETS IN THIS AREA AND, UH, THE CURVATURE OF THE STREETS.

SO IT'S A UNIQUE NEIGHBORHOOD, UH, YOU KNOW, WHENEVER THEY TALKED TO ABOUT, THAT'S WHY I WAS IN, IN SUPPORT OF THIS GOING TO TRAFFIC MYSELF BECAUSE IT IS A UNIQUE NEIGHBORHOOD, UH, AND, UH, MAINLY BECAUSE OF THE OPEN DITCHES AND, UH, THE, THE ITEMS THAT THEY'RE LISTED HERE.

SO WOULD YOU SAY THAT 30 MILES PER HOUR IN THOSE SPECIFIC CIRCUMSTANCES IS UNREASONABLE OR UNSAFE? YOU NEED TO MAKE THAT FINDING IN ORDER TO DO THIS, SO, OKAY.

OKAY.

JUST TO LET YOU KNOW, THAT'S OUR QUESTION TO US, UH, TO BE ABLE TO MAKE THIS DECISION.

YES.

THAT IS A QUESTION.

ALRIGHT.

WE HAVE, UH, PUT UP A, UH, I CAN'T THINK OF THE NAME OF THE, THE PRODUCT, BUT I WOULD CALL IT A SPEED SPOT, UH, IN

[00:35:01]

THE NEIGHBORHOOD THAT'S BEEN COLLECTING DATA SINCE THE, THE 20TH.

AND, AND IT SEEMS LIKE THE 85TH PERCENTILE IS AROUND 26 MILES AN HOUR.

SO IT, IT, IT'S NOT, MOST OF THE NEIGHBORHOOD IS FOLLOWING THE SPEED LIMIT, BUT THERE ARE VARIABLES, YOU KNOW, OUTLIERS THAT ARE NOT, UH, FOLLOWING.

WE MEASURED ONE AT 52 AND THEN, UM, I CAN'T REMEMBER.

UM, THE ONES 42 AND 42 ON THE, ON THE LAST BATCH DURING, DURING THE HOLIDAYS.

UM, UH, THE FIRST, UH, ONE IS, UH, YOU'LL SEE A SUMMARY THAT WAS A FOUR DAY PERIOD.

AND EVERY TIME WE MEASURE DATA, IT WIPES, IT WIPES IT CLEAN, IT STARTS OVER.

SO YOU CAN SEE ON THE FIRST ONE, WE HAD A FASTEST SPEED OF 52 AND THERE WAS 2% THAT WERE MAYBE ENFORCEABLE VIOLATIONS.

UM, AND THEN THE NEXT ANALYSIS, THE HIGH SPEED WAS 42.

AND AGAIN, UH, 2% ENFORCEABLE, UH, UM, UM, ENFORCEABLE, UH, VIOLATIONS.

SO IN MOST PART EVERYBODY IS, UH, OBEYING, YOU KNOW, THE SPEED LIMIT.

WAS THERE ANY FEEDBACK FROM THE COMMUNITY ITSELF? REALLY? UH, IS MR. HAM HERE? UM, NO, WE DID NOT.

WE DID NOT.

WE WERE, WE WERE GOING TO SURVEY, UM, BUT IT WAS PRIMARILY BECAUSE IF WE WERE LOOKING AT SPEED HUMPS, SO WE HELD OFF ON DOING THE SURVEY ON THAT.

BUT WE STILL CAN IF YOU, UH, WANT, WANT US TO, UH, ON THE SPEED.

BUT I THOUGHT WE HAD PRETTY MUCH GAUGED THAT, THAT THERE WAS A, THERE WAS A LOT OF AGREEMENT ON THE SPEED.

I DON'T KNOW IF THERE WAS A SPEED HUMPS.

NOW THERE'S A POSSIBILITY OF, NOW THE THING IS, IS THIS, THERE'S GONNA BE GOING UNDER CONSTRUCTION AND WHAT TIMEFRAME? UM, I, IT'LL FIRST QUARTER.

YEAH.

IT'LL, IT'LL BE THE NEXT ITEM.

UH, I DON'T, YOU KNOW, I DON'T KNOW WHEN CONSTRUCTION WILL OH YEAH.

WILL START, BUT YES.

YEAH.

FOR, FOR A WHILE IT WILL BE UNDER CONSTRUCTION.

AND IF WE GO WITH THE CONTRACTORS, THE SPEED WILL BE TIME.

THE SPEED WILL BE MUCH SLOWER.

RIGHT.

SO IT, IT'S ALSO SOMETHING THAT WE COULD, WE COULD, WE COULD ALSO DECIDE THERE'S WITH A, WITH IT GOING THIS ROUTE, AND THERE'S GONNA BE CAUTION SIGNS AND EVERYTHING ELSE WHILE THE CONSTRUCTION'S GOING ON, IS THAT WE CAN SIT ON THIS RECOMMENDATION UNTIL THE CONSTRUCTION'S FINISHED, DO ANOTHER EVALUATION ON SPEED AFTER THAT.

AND THEN, BECAUSE WE'RE ALREADY GONNA HAVE TO SLOW DOWN.

RIGHT.

YOU COULD, ONE OF THE, ONE OF THE RESIDENTS WERE COM WHEN THEY WERE HERE, THEY WERE TALKING ABOUT, I HEARD FROM THEM IS THE STREET IS NOT WIDE ENOUGH.

AND THE PEOPLE OR KIDS THAT ARE ON BICYCLES RIDING AND THEY, AND THE, AND THE TRAFFIC 30 MILES HOUR IS TOO FAST.

RIGHT.

AND SO, IN VIEW OF ALL THAT, I THINK THE RESIDENTS ALREADY HAVE SPOKEN, YOU KNOW, THEY'RE WANTING TO, OR SOME RELIEF IN, UH, THE SPEED FOR THAT, THEIR SPECIFIC, UH, AREA BECAUSE THE SPECIAL CONDITIONS EXIST FOR THAT.

SO I, I THINK, UH, CONSTRUCTION ELIMINATE THE, WELL, I MEAN, IT'S GONNA BE STILL TO BE THE SAME, SAME SIZE ROAD AND SAME EVERYTHING.

NOTHING IS GONNA CHANGE.

YEAH.

IT GOES BACK TO CURB.

YEAH.

WHAT, WHAT, AGAIN, WHAT VINNE IS GETTING BACK TO IS, IS THAT A UNIQUE SITUATION IS, IS ALL THE OTHER STREETS, THE OTHER RESIDENTIAL AREAS THAT HAVE COME TO US, MOST OF 'EM HAVE ALL GOT SIDEWALKS AND THEY ALL HAVE THIS.

SO THIS, IF ANYBODY WANTS TO WALK DOWN THE STREET, THEY'VE GOTTA WALK IN THE STREET OR THEY'RE GONNA HAVE TO WALK IN A BAR DITCH.

AND SO THAT'S ANOTHER REASON WHY IT'S UNIQUE, UH, AND STUFF.

SO, UM, YOU KNOW, BECAUSE YOU'RE LOOKING AT PROBABLY THE CH THE CHANCE OF HAVING HIGHER, HIGHER PEDESTRIAN TRAFFIC EVEN ON THE STREETS, UH, IN THE SUBDIVISION.

YOU KNOW, TO ME IT THAT JUSTIFIES THE LOWERING THE SPEED LIMIT.

DROPPING THE SPEED LIMIT.

UH, I DON'T HAVE A PROBLEM WITH MOVING IT, UH, DOWN NOW.

I JUST, I WAS THROWING THAT OUT AS AN OPTION TO COUNSEL IF WE WANNA TAKE ACTION NOW OR, OR WAIT.

SO I THINK THEY CAME AND SPOKE TO US AND BE BEHOOVE US TO MAKE THE DECISION AND GIVE THEM WHAT THEY'RE LOOKING FOR, ESPECIALLY WHEN THE CONDITION EXISTS, WHAT THEY'RE LOOKING FOR.

OKAY.

WELL WE HAVE SOME RESIDENTS HERE THEY WANNA SPEAK.

SO, UH, IF WE, UH, WOULD LIKE TO, LET'S SEE.

SO WE GOT, UH, MR. DUKE, IS THAT CORRECT? WHAT? IS THAT THE WRONG ONE? I THINK THEY'RE ON.

OH, I'M SORRY.

NEVERMIND.

OKAY.

I GOT THE NUMBERS WRONG.

OKAY.

I'VE GOT CHECK MARKS ALL IN FRONT OF ME.

OKAY.

SO WE DON'T, IS THERE ANYBODY IN THE AUDIENCE THAT WOULD LIKE TO SPEAK ON THIS? OKAY, I'LL THROW THAT OUT THERE.

ALRIGHT.

UM, OKAY.

ANY OTHER DISCUSSION ON COUNCIL? NO.

YEAH.

ANYTHING ELSE YOU NEED TO ADD, MODESTO OR NO? UH, YEAH, I MEAN, IF, IF THERE'S, UH, IF THERE'S A MOTION, IF SOMEBODY WANTS TO, UH, MOVE FORWARD ON THIS, I'LL TAKE THE MOTION.

I'LL, I'LL MAKE A MOTION.

MR. MAYOR, ITEM THREE.

UM, UH, WOULD CONSIDER REDUCE, UH, REDUCE THE SPEED LIMIT FROM 30 TO 25 IN THE SLEEPING OFFICE

[00:40:01]

SUBDIVISION.

I SECOND IT.

ALRIGHT.

HAVE A MOTION BY COUNCILMAN COUNCILMAN SCHOOLER, AND SECOND BY COUNCILMAN HANYA.

ANY FURTHER DISCUSSION? CALL FOR A VOTE.

ALL IN FAVOR SAY AYE.

AYE.

ANY OPPOSED? ALL MOTION IS APPROVED.

SO THE NEXT MEETING WE'LL DRAFT UP, UH, AN ORDINANCE.

ORDINANCE.

UH, COULD YOU OPT, YOU OPT TO ACTUALLY APPROVE, APPROVE AN ORDINANCE.

ALRIGHT.

THANK YOU.

UM, SHERRY, DO YOUR COUNSEL NEEDS TO SURE.

CALL FOR WHAT IS THE SAFETY REASON? IS THE PEDESTRIAN SAFETY? BECAUSE YOU SAY, WELL, THEY'VE ACTUALLY VOICED OKAY.

MANY REASONS AND I'VE WRITTEN THEM DOWN.

OKAY.

BUT IF WE NEED TO, WE CAN DO THAT WHEN THE ORDINANCE COMES UP MM-HMM .

IT'LL BE IN THE ORDINANCE.

OKAY.

ALRIGHT.

THANK YOU.

ALRIGHT, NOW WE'LL MOVE

[4. Discuss enacting an ordinance that will prohibit people from making unreasonably loud noises in public places and new private residences. – Sherri Russell ]

ON TO ITEM FOUR.

DISCUSS, UH, ENACTING AN ORDINANCE THAT WILL PROHIBIT PEOPLE FROM MAKING UNREASONABLE LOUD NOISES IN THE PUBLIC PLACES AND NEW, UH, PRIVATE RESIDENCE.

AND, UH, JUST WANTED TO ADD THAT, UH, I RECEIVED MORE PHONE CALLS, UH, SINCE THE LAST TIME WE TALKED ABOUT THIS.

THAT, UH, THE CONCERNS ABOUT THIS, ABOUT THE, THE LIVE MUSIC.

THAT IS TOO LOUD.

YES.

SO WHAT IS A NEW PRIVATE RESIDENCE MEETING? I'M JUST TRYING TO UNDERSTAND THE PUBLIC.

WHAT IS THIS? IT SHOULD HAVE BEEN NEAR, NEAR.

OKAY.

OKAY.

ALRIGHT.

MAKES SENSE.

I WAS JUST TRYING TO FIGURE THAT OUT.

ALRIGHT.

NEAR ONLY NEW CONSTRUCTION.

OKAY.

SO AI, YOU KNOW, WHEN WE TALKED ABOUT THIS LAST, UH, I, I GUESS THE, THE THING IS I WANT TO, UH, BEFORE WE GO MUCH FURTHER IS, IS THAT TO SEE, UH, YOU KNOW, IS, IS COUNSEL IN AGREEMENT THAT WE WANT TO GO MAKE A CHANGE OR NOT MAKE A CHANGE? UH, AND THEN WE CAN DISCUSS, UH, WHAT THAT CHANGE SHOULD BE OR IF THERE'S A NEED FOR CHANGE.

I AM.

IS THERE A CONSENSUS? YES.

YEAH.

OKAY.

NEED FOR CHANGE.

YEAH.

AND SO WE DO HAVE SOME RESIDENTS, SO I WILL CALL YOU UP, UH, NOW.

SO WE HAVE MR. DUKE.

SO, ALRIGHT.

HOW ARE Y'ALL DOING? GOOD.

ALRIGHT.

ON THIS PARTICULAR SUBJECT WHERE YOU LIVE, CAN YOU STATE YOUR NAME AND WHAT YOU UH, MY NAME'S DANNY DUKE.

UH, I'M, I'M EMPLOYED IN LAKE JACKSON.

I, I RESIDE IN CL I'M A DJ AT BACKYARD PATIO IN LAKE JACKSON.

OKAY.

I'M PROBABLY DIRECTLY AFFECTED BY THIS, BUT THE PROBLEM WITH ORDINANCES LIKE LAKE JACKSON'S IS THAT THERE IS NO DECIBELS.

THE STATE LAWS STATES THAT 85 DECIBELS CONSTITUTES AN UNREASONABLE NOISE.

AND EVEN THEN THEY DON'T CITE UNTIL AFTER THEY'VE BEEN WARNED BY A MAGISTRATE OR A PEACE OFFICER.

THERE'S NO STANDARD, THERE'S NO REGULATION FOR A CITY THAT SEES FIT TO REGULATE WHERE WE CAN PARK CARS ON OUR OWN PROPERTY.

IT JUST SEEMS LIKE A REALLY VAGUE ORDINANCE.

NOT HAVING ANY STANDARD TO GO BY JUST DOESN'T MAKE SENSE TO MOST OF US.

NOT PEOPLE I'VE TALKED TO.

UM, ANY OTHER PLACE I PLAY AT, WITH THE EXCEPTION OF MAYBE PORT LA VACA, THEY HAVE AN ORDINANCE LIKE THIS AND IT'S, IT'S BEEN USED IN WAYS THAT PROBABLY WERE UNINTENDED WHEN CITY COUNCIL PASSED IT.

YOU KNOW, LIKE SOMEBODY CAN PICK UP THE PHONE 'CAUSE THEY DON'T LIKE THIS PERSON AND THEY OWN THIS PLACE CALLING A COMPLAINT ON 'EM.

THERE'S YOUR WARNING, THIS, THAT, AND THE OTHER.

BUT IF YOU GIVE US A CLEAR AND CONCISE STANDARD, A REGULATION, SOMETHING TO GO BY, WE CAN STAY UNDER IT.

BUT IT'S, IT'S, IT'S JUST REALLY HARD.

IT, IT CAUSES CONFUSION WHEN THERE IS NO DECIBEL LIMIT.

MOST CITIES HAVE A DECIBEL LIMIT AND THEN THEY'LL REGULATE HOW FAR FROM THE PROPERTY LINE OR FRONT DOOR FROM THE ESTABLISHMENT THAT IT'S ENFORCEABLE AT.

AND WE DISCUSSED ALL THAT.

CORRECT? YEAH.

WE DISCUSSED DECIBELS, DECIBEL UNDER THE PERMIT, NOT UNDER THE NOISE ORDINANCE.

SO I WAS GONNA BRING YOU TWO THINGS, A NOISE ORDINANCE AND THEN, UM, IF WE, IF NECESSARY, THE, UM, AMPLIFIED MUSIC ORDINANCE PERMIT.

SEE HOW COMMENTS ON R FIVE AS WELL.

BUT THAT'S FOR THE NEXT, UH, NEXT SUBJECT.

BUT FOR THIS PARTICULAR ONE, WHICH THEY BOTH KIND OF TIED TOGETHER, IT'S JUST THERE'S NO CLEAR STANDARD.

I UNDERSTAND THEY TRIED TO DO SOMETHING ABOUT THIS, I THINK IN 2015 WHEN THEY MADE THAT ORDINANCE.

THAT'S 10 YEARS AGO.

SO SOMETIME IN THE LAST 10 YEARS, THE ORDINANCE WAS SO UNENFORCEABLE THAT THEY CEASED TO ENFORCE IT ANYMORE.

AND THAT SEEMS LIKE A REALLY SHORT TIME SPAN.

THEY BEING US.

NO, NO, NO, NO, NO.

I MEAN, 10 YEARS AGO, I DON'T EVEN BELIEVE YOU WERE MAYOR, SIR.

YOU MIGHT HAVE BEEN THE CITY COUNCIL.

YES, SIR.

WELL, AND, AND, AND NOT NECESSARILY Y'ALL, Y'ALL DON'T GO OUT AND ENFORCE IT'D BE THE POLICE OR WHATEVER THAT,

[00:45:01]

BUT, BUT SOMETIME IN THE LAST 10 YEARS, AN ORDINANCE THAT THEY PASSED 10 YEARS AGO BECAME UNENFORCEABLE THAT Y'ALL ARE SEEING FIT TO BRING UP ENFORCING SOMETHING ALREADY ON THE BOOKS.

IT'S JUST NO, THAT'S NOT, BUT WE, WE DIDN'T HAVE, WE DIDN'T HAVE THAT DOWNTOWN AND WE DIDN'T HAVE ALL OF THAT.

SO WE DIDN'T HAVE THAT TO ENFORCE THIS IS GROWING PAINS.

OH, I, I DO UNDERSTAND THAT THE WORST HOUSE WAS THERE 10 YEARS AGO.

WAYSIDE PUB'S BEEN THERE SINCE 2010.

AND I, I PLAYED AT BOTH OF THOSE PLACES IN THAT TIMEFRAME.

I PLAYED AT RICOCHETS ON THEIR PATIO.

UM, SO I, I MIGHT HAVE PLAYED A REASONING TO WHY THE ORIGINAL ORDINANCE ORDINANCE GOT PASSED TO BEGIN WITH.

I'M JUST BRINGING UP CONCERNS FROM SOMEBODY THAT STANDS TO WELL, IF THERE'S GONNA BE, I MEAN, IF WE'RE GONNA PUT AN ORDINANCE IN PLACE, IT'S GONNA HAVE, UH, SPECIFIC, UH, MEASUREMENTS, UH, THRESHOLDS AND, AND SO, SO IT CAN BE ENFORCED.

SO YOU, I MEAN, THAT STATEMENT DOESN'T SAY MUCH OF ANYTHING WHAT THE ORIGINAL, WHAT THE ORDINANCE IS GOING TO LOOK LIKE, BUT YOU'RE GIVING A RECOMMENDATION IS IF YOU'RE GONNA DO AN ORDINANCE, IT NEEDS TO BE SOMETHING THAT, THAT HAS SPECIFIC THRESHOLDS.

AND WE'VE ALREADY, WHEN WE HAD THE CONVERSATION WITH OUR PD, OUR PD IS ALSO SAYING IS, IS THAT IF WE'RE GOING TO DO AN ORDINANCE, IT NEEDS TO BE SOMETHING THAT'S ENFORCEABLE, UH, THAT THEY, THAT THEIR OFFICERS CAN FEEL COMFORTABLE WITH.

UH, IF THEY NEED TO, THEY CAN, THEY CAN TAKE ACTION ON IT.

AND SO THAT'S, THAT'S OUR INTENT, UH, TO, UH, CREATE AN ORDINANCE IF WE GO FORWARD WITH THAT, IS THAT IT'S GOING TO HAVE SOME SPECIFIC, UH, THRESHOLDS.

AWESOME, AWESOME.

THAT WAS MY BIG CONCERN.

SO THAT YOU'LL BE ABLE TO KNOW AND THAT EVERYONE WILL BE ABLE TO KNOW, IS THAT IF IT'S, IF IT FOLLOWS THE STATE LAW THAT'S CURRENTLY OUT THERE, IS THAT IT WILL BE AT THE PROPERTY LINE? YES, SIR.

UNDERSTAND THAT THE PROPERTY LINE ON MOST OF THE BUSINESSES DOWNTOWN IS THE BUILDING.

YES, SIR.

FRONT DOOR.

FRONT DOOR, YES SIR.

85 IS PRETTY REASONABLE AT THE FRONT DOOR.

MOST OF THOSE VENUES TOO.

BUT RIGHT NOW THERE'S NO, SO IF ANOTHER VENUE SOUNDS, WELL THE STANDARD, THE STANDARD THAT'S OUT THERE TODAY IS STATE LAW.

SO MY UNDERSTANDING IS WE CAN ENFORCE THE STATE LAW AS IT EXISTS TODAY.

WELL, I, THAT, THAT'S GENERALLY WHAT HAPPENS WHENEVER THE, AND A MUNICIPALITY DOESN'T HAVE AN ORDINANCE ALREADY.

BUT FROM WHAT I UNDERSTAND, LIKE JACKSON HAS AN ORDINANCE ON THE BOOK, IT JUST BECAME UNENFORCEABLE.

BUT IT, IT DOESN'T APPLY TO AMPLIFIED SOUND.

IT HAD MORE TO DO WITH, UH, UNREASONABLE NOISE, WHICH COVERS THAT.

IT NOT BY DEFINITION, I DON'T THINK.

AND IT DID IT.

SO, SO THAT'S WHAT THE COUNTY ENFORCE TO BUY INSTRUCTION.

THE COUNTY ENFORCES IT UNDER THE UNREASONABLE NOISE.

SO LET ME ASK YOU, CURRENTLY THE MUSIC THAT YOU'RE PLAYING RIGHT NOW AT YOUR SITE COMPLIES WITH THAT ORDINANCE 85 OLD AT THE, AT YOUR DOOR STOP.

UH, IT CAN, BUT I MEAN IT, THAT'S NOT WHAT I'M ASKING YOU SIR.

SIR, I'M NOT SURE.

I DON'T USE DECIBEL METERS.

THERE'S NOT BEEN ANY ENFORCEMENT, YOU KNOW, IF YOU WERE USING IT, NOT GIVING THE RESIDENTS A PROBLEM, WE WOULDN'T BE HAVING THIS DISCUSSION TODAY.

WELL, I MEAN ONE OF THE CONCERNS IS, IS I, WE WANNA MAKE SURE OUR CUSTOMERS CAN HEAR OUR MUSIC.

YOU MIGHT HAVE FOUR PLACES ON A BLOCK THAT'S PLAYING MUSIC AND WHENEVER YOU CAN HEAR OTHER VENUES MUSIC.

SO, I MEAN, IF YOU GIVE ALL VENUES YEAH, BUT WE DON'T STANDARD, BUT WE DON'T WANT OUR CUSTOMERS 10 BLOCKS AWAY TO HEAR THE MUSIC FASTER.

I, I I UNDERSTAND THAT.

I WAS GETTING TO THAT IN THAT SENTENCE.

I PROMISE YOU, SIR, I PROMISE YOU, IF YOU GIVE EVERYBODY IN DOWNTOWN A STANDARD TO GO BY, YOU CAN'T GO OVER THIS DECIBEL AMOUNT AT YOUR PROPERTY LINE, THEN THERE WON'T BE ANY ISSUE WITH THAT BECAUSE THAT IS EXACTLY WHAT OUR, THAT IS, THAT IS WHAT WE ARE GOING TO DO.

THAT'S EXACTLY WHAT YOU'RE ASKING FOR IS WHAT WE'RE TRYING TO DO.

OKAY.

OKAY.

YEAH.

OKAY.

I I JUST VERY SPECIFIC.

OKAY.

LIKE I JUST SAW ON THERE WHERE IT SAID NO DECIBELS AND THAT WAS A CONCERN THAT, THAT THAT THE ORDINANCE HAD NO DECIBEL THAT DIDN'T PUT THEM IN THE ORDINANCE.

BECAUSE PEOPLE, ONCE YOU GET A DECAL METER, ALL YOU GET IS ARGUMENTS IS THAT DECAL METER DOESN'T WORK.

AND I HAVE A DECAL METER AND IT SAYS IT ISN'T THAT, AND IT JUST, I'VE TALKED TO THE OTHER CITY ATTORNEYS AND THEY HATE IT.

AND THEY SAY DON'T USE DECIBELS, USE YOUR DISTANCE.

IF YOU CAN HEAR IT FROM CERTAIN AMOUNT OF FEET AWAY, IT'S TOO LOUD.

AND THAT'S THE EASIEST WAY TO DO IT.

UH, IF YOU, IF YOU, THAT'S, IF YOU HEARD 120 FEET FROM THAT PROPERTY LINE, THAT'S TOO LOUD.

IT SHOULD NOT TRAVEL THAT FAR.

NOT EVERYBODY'S HEARING IS IN THE SAME SHAPE AS EVERYBODY ELSE EITHER THOUGH.

ARE YOUR POLICE OFFICERS ALL GONNA GO? I'M NOT GONNA ARGUE WITH YOU HEARING TESTS.

I'M NOT GONNA ARGUE.

IT'S, IT'S, IT'S JUST A POINT.

I'M JUST BRINGING UP A CONCERN.

I'M NOT TRYING TO ARGUE.

WE HAVE, WE HAVE PEOPLE IN NEIGHBORHOODS WHO CAN HEAR THE MUSIC.

WE HAVE PEOPLE TRYING TO SLEEP YES.

IN THEIR HOUSES AND THEY CAN HEAR THE MUSIC.

THAT'S TOO FAR.

SIR, I LIVE, THAT'S TOO FAR.

I LIVE IN THE NEIGHBORHOOD.

I LIVE ACROSS THE, ON THE OTHER SIDE.

AND I HIT HIM MUSIC.

I'M NOT AND THAT'S WHAT WE'RE TRYING TO STOP.

I'M ARGUING WITH Y'ALL.

THAT'S ALL WE'RE TRYING TO STOP IS GET IT OUT OF THE, Y'ALL HAVE INTERRUPTED ME LIKE SIX TIMES, BUT EVERY TIME I TRY TO TALK OVER ONE OF Y'ALL, Y'ALL ARE QUICK TO TRY TO CHECK ME, RIGHT? NO, WE'RE WE NOT? SO WHAT IS YOUR STATEMENT? I'LL JUST WAIT TO, I'M, I'M DONE SPEAKING ON THIS SUBJECT.

OKAY.

I'LL WAIT TILL THE NEXT ONE.

[00:50:01]

ALRIGHT.

OKAY.

UH, HOWARD JACKSON.

ALRIGHT.

HELLO.

THIS IS GONNA BE A LITTLE DIFFERENT .

SO, UM, CAN YOU STATE YOUR NAME AND WHAT LIVE, SIR? MY NAME IS HOWARD.

MY NAME IS HOWARD JACKSON.

I'M THE OWNER OF BACKYARD PATIO.

UM, DANNY IS ONE OF THE DJS THAT HAS, THAT WE HAVE EMPLOYED.

UM, HE'S BEEN THERE FOR A COUPLE OF YEARS.

UM, SO MY ISSUE IS NOT REALLY AS FAR AS, UM, THE FAIRNESS OF THE ORDINANCE BECAUSE ORDINANCE IS ORDINANCE.

IT'S, YOU KNOW, Y'ALL GONNA MAKE IT AS FAIR AS POSSIBLE.

IT'S, UH, YOU KNOW, I'M JUST MORE CONCERNED ABOUT WHAT DO WE, WHAT CAN WE DO TO HELP GO FURTHER WITH THIS WITHOUT, YOU KNOW, ANY OTHER ACTIONS THAT MIGHT BE INVOLVED.

BECAUSE THAT'S, THAT'S, THAT'S THE MAIN CONCERN WE GOT.

I DON'T WANT, WE DON'T WANT TO BE, UM, PUNISHED OR HELD LIABLE FOR ANYTHING, ANY CONCERNS THAT OTHER PEOPLE HAVE.

UM, AS YOU KNOW, WE'VE BEEN THERE FOR FOUR YEARS NOW AND WE'VE HAD, HAD HAD OUR TRIALS AND ERRORS, WE HAD HAD OUR UPS AND DOWNS.

UM, WE HAVE, UM, MADE A LOT OF ADJUSTMENTS AS FAR AS OUR BUSINESS FROM WHERE WE CAME FROM.

AND IT'S PRETTY MUCH COME TO THIS.

SO, UM, IT'S BEEN THE MOST BENEFICIAL, UM, FOR US FINANCIALLY AND TAKING CARE OF OUR HOUSEHOLD.

AND, UM, IT'S SOMETHING THAT KIND OF STUCK.

IT'S NOT REALLY WHAT IT'S, IT'S NOT REALLY EXACTLY WHERE WE WANT IT TO GO, BUT IT IS WHAT IT IS.

YOU KNOW, AS YOU KNOW THAT MOST PEOPLE FROM DOWNTOWN NOW ARE DOING THE SAME THING.

AND UM, IT'S JUST, IT'S JUST THE LIFESTYLE OF DOWNTOWN.

BUT US BEING SO CLOSE TO THE OTHER NEIGHBORHOODS AS FAR AS SHY POND NEIGHBORHOOD AND ALL THOSE PLACES LIKE THAT, AND OVER BY, UH, CIRCLE WAY, UM, WE ARE MORE PRONE TO REACH THOSE AREAS BECAUSE WE ARE OPEN, WE ARE OPEN SPACE SO OUR SOUND CAN TRAVEL.

OUR SOUND'S GONNA TRAVEL A LOT FURTHER 'CAUSE WE ARE OPEN, WE HAVE BUILDINGS AROUND US WHERE, YOU KNOW, SOUND WAVES BOUNCE OFF WALLS, SO THEY MIGHT BOUNCE OFF HERE AND THERE.

SO ONE OF THE, ONE OF THE CONSTRUCTIVE THINGS THAT WE'VE DONE, WE HAVE STARTED FACING OUR SPEAKERS AWAY FROM THOSE AREAS.

SO NOW EVERYTHING POINTS TOWARDS DOWNTOWN.

SO THAT WAY WE DON'T HAVE THOSE ALL, ALL THOSE COMPLAINTS AND PEOPLE FEELING LIKE, OKAY, IT'S TOO LOUD.

BUT I MEAN, KIND OF WHAT I PIGGYBACKING OFF OF WHAT, UM, DANNY SAID, UH, MORE SO, UH, IF Y'ALL ARE GONNA PLACE IN A DECIBEL, A DECIBEL RANGE, THEN THAT WOULD BE GREAT.

AND THAT WAY WE KNOW, WE KNOW WE HAVE A STANDARD WHAT WE CAN WORK UNDER, WHAT WE CAN AND CAN'T DO.

UM, SO MY, LIKE, LIKE I SAID, MY ARGUMENT IS, IS IT AGAINST THE, THE ACTUAL ORDINANCE? IT'S JUST MORE SO, UM, IF WE CAN GET MORE, MORE UNDERSTANDING OF WHAT DO WE NEED TO DO TO MAKE IT BETTER SO THAT WAY WE DON'T HAVE TO GO TO THESE, YOU KNOW, THESE MEASURES EVERY SINGLE TIME.

BECAUSE I MEAN, YOU KNOW, WE'VE HAD SOME COMPLAINTS HERE AND THERE FOR CERTAIN THINGS, UH, OVER THE PAST FEW YEARS AND WE'VE DONE OUR DUE DILIGENCE TO TRY TO, UM, ALLEVIATE WHATEVER IT IS, YOU KNOW, AND, AND SOME OF IT MAY HAVE CAME WITH THE TERRITORY THAT WE DIDN'T ASK FOR, BUT IT JUST HAPPENED.

BUT WE'VE DONE OUR DUE DILIGENCE AND WE'VE HAVE, WE HAVE, UH, MEDIATED AS MUCH AS WE POSSIBLY CAN AND WE, HONESTLY, WE DON'T HAVE VERY MANY PROBLEMS ANYMORE.

AS FAR AS BACKGROUND PATTERN.

WE DON'T HAVE VERY MANY PROBLEMS AT, AT ALL ANYMORE.

SO, LIKE I SAID, WE, WE ARE HERE TO WORK WITH YOU GUYS.

WE ARE HERE TO TRY TO ACCOMMODATE FOR WHATEVER YOU'RE ASKING OF US.

BUT IT'S JUST MORE SO WE, WE JUST NEED TO FIGURE OUT ALONG WHAT LINES ARE WE ACTUALLY WORKING TO DO THAT.

BECAUSE IF WE DON'T HAVE A, IF WE DON'T HAVE A ACTUAL UNDERSTANDING OF GUIDELINES OF OKAY, LIKE, WELL WE HAD THE 125 FEET, I'M JUST SEEING THAT.

I DIDN'T SEE THAT AT FIRST.

SO LIKE NOW THE 125 FEET THAT MAKES, THAT MAKES MORE SENSE.

NOW I CAN RANGE.

I CAN RANGE.

'CAUSE I HAVE BEEN GOING IN THE BACK, UH, I GO WALK ALL THE WAY TO CVS, SEE IF I CAN HEAR OUR, SEE IF I CAN HEAR OUR MUSIC.

AND IT GETS MORE AND MORE FAINT AS YOU GET TO CVS AND YOU, HONESTLY, WITH OUR MUSIC, YOU CAN BARELY HEAR IT WHEN YOU GET TO CVS.

NOW, I DON'T KNOW IF IT TRAVELS THAT FAR FACING THIS WAY FROM CVS AND I CAN LIKE FAINTLY HEAR, LIKE FAINTLY HEAR IT NOW.

ONLY PEOPLE I CAN SAY IS MAYBE THE APARTMENT COMPLEX MIGHT HEAR SOMETHING.

BUT AS FAR AS OUR MUSIC BEING ALL THE WAY BACK PAST SHY POND OR ALL THE WAY TO, UM, UH, CIRCLE WAY OVER BY LAKE JACKSON IMMEDIATE, THAT'S KIND OF LIKE, I DON'T REALLY KNOW.

YOU KNOW, AND, AND I I KIND OF FEEL LIKE THAT MAYBE, MAYBE THERE SHOULD BE SOME RESEARCH ON THAT TO MAKE SURE THAT WAY WE ACTUALLY KNOW THAT WE ARE THE ISSUE.

'CAUSE IF WE DON'T KNOW THAT WE'RE THE ISSUE, HOW CAN WE EVER FIX IT? YOU KNOW WHAT I MEAN? SO, UM, LIKE I SAID, I MEAN IT'S, IT'S NOT ABOUT

[00:55:01]

THE ORDINANCE, IT'S JUST ABOUT PROVIDING SOMETHING THAT, THAT WE CAN ACTUALLY WORK ON TO WORK WITH YOU GUYS TO MAKE IT.

RIGHT.

AND I'M SORRY, I MR. AND I'M NOT, I, MR. NAME HOWARD JACKSON.

HOWARD JACKSON, MR. JACKSON, THANK YOU FOR BEING WILLING TO BE A PART OF THE COMMUNITY AND MAKE ADJUSTMENTS THAT'S APPRECIATED.

AND I, WHAT I'M HEARING FROM YOU IS THE SAME THING I'M HEARING FROM MR. DUKE IS WHAT YOU'RE LOOKING FOR IS JUST CLEAR GUIDELINES TO WHERE YOU KNOW WHAT TO DO.

YES.

IS THAT CORRECT? YES, MA'AM.

AND, AND THANK YOU FOR YOUR ATTITUDE AND I APPRECIATE IT.

YES, SIR.

BUT HAVE YOU KIND OF TOOK THE INITIAL OF YOU BEING THE OWNER MM-HMM .

OF SOMETIMES JUST DRIVING AND GOING, SITTING OUT IN THE NEIGHBORHOOD AND JUST CUTTING YOUR CAR OFF AND JUST SITTING OUT THERE AND JUST SITTING OUT THE SHOP POND OR SITTING IN THE APARTMENTS AND MAYBE SEEING, WELL, I'VE NEVER, I'VE NEVER STOPPED AND SAT, I NEVER STOPPED AND SAT, BUT I HAVE ROLLED DOWN AND YOU KNOW, I I I JUST SIT, JUST SIT OUT THERE.

YEAH.

MAYBE SIT OUT IN THE PARK JUST A LITTLE BIT OF JUST A SETTING IN SOME OF THE STREETS OUT THERE AND STUFF LIKE THAT.

AND MAYBE, MAYBE JUST LISTEN AND STUFF LIKE THAT.

NO, I HAVEN'T, I HAVEN'T GOT, I HAVEN'T GOTTEN THAT FAR.

I I MEAN MOST, I MEAN, YOU DON'T HAVE TO, BUT I, I JUST, YEAH, NO, THAT'S D THAT'S DIFFERENT.

I UNDERSTAND.

THAT'S SOMETHING I ACTUALLY WAS THINKING ABOUT DOING.

YEAH.

ONCE I STARTED HEARING THAT THIS WAS BECOMING AN ISSUE.

YEAH, I, I'VE THOUGHT ABOUT IT, BUT I JUST NEVER ACTUALLY DID IT.

'CAUSE I'M THERE PRETTY MUCH ALL THE TIME, SO, WELL, I UNDERSTAND YOUR BUSINESS AND YOU WANT TO BE THERE, BE BE THERE FOR YOUR BUSINESS JUST IN CASE SOMETHING HAPPENED OR WHATEVER MM-HMM .

BUT THE, UM, IT WAS JUST SOMETIME JUST TO, JUST TO GET OUT, JUST TO YES SIR.

THE THE OTHER REASON, UH, THAT'S DRIVING THIS IS THAT, UH, WHEN WE STARTED TALKING ABOUT THIS, IT WAS PRESENTED TO COUNCIL.

THE LAST MEETING WAS IS THAT, UH, WE PULLED THE CALL SHEET, UH, FOR CALLS AND IT'S TWO PAGES LONG MM-HMM .

AND, UH, WHEN I ASKED THE POLICE CHIEF TO COME UP HERE AND, UH, WHENEVER WE'VE, UH, HAD A CALL AND OFFICERS HAVE RESPONDED, UH, WE USUALLY GO IN AND ASK 'EM TO TURN MUSIC DOWN AND ALL THAT KIND OF STUFF.

HOW MANY TIMES DO WE HAVE REPEATS WE HAVE TO GO BACK SAME NIGHT OR SOMETHING LIKE THAT? THANK YOU, SIR.

UH, NOT REALLY SURE HOW MANY TIMES SPECIFICALLY THAT WE'VE BEEN BACK AS A NUMBER COUNT IN THAT SPREADSHEET THAT I GAVE YOU.

BUT IT IS QUITE OFTEN, UH, YOU KNOW, REPEAT CALL.

UM, USUALLY GET COOPERATION IN IT, BUT SOMETIMES IT TAKES TWO.

AND WE'VE EVEN BEEN DOWN THERE THREE TIMES.

JUST KEEP IN MIND, YOU KNOW, YOU ARE AS A DOWNTOWN MERCHANT, IT INSIDE YOUR BEST INTEREST FOR YOU TO BE SUCCESSFUL.

SO WE'RE NOT TRYING TO DO THINGS THAT MAKE YOU UNSUCCESSFUL OR NOT CONTINUE YOUR BUSINESS THERE.

WE JUST WANT MAKE SURE THAT WE HAVE OTHER CONSTITUENTS OUT IN THE PUBLIC THAT DON'T HAVE TO LISTEN TO SOMETHING THEY DON'T WANT TO LISTEN TO.

MM-HMM .

SO THIS, IF YOU LOOK AT THIS DOCUMENT, IT TALKS ABOUT ALL KINDS OF NOISES, CARS MM-HMM .

PERSON.

SO IT'S NOT SPECIFIC TO DOWNTOWN.

AND THAT'S WHAT OUR ATTORNEY WAS TELLING YOU, THAT THE NEXT ITEM WILL HAVE THOSE ITEMS SPECIFICALLY FOR THAT AFFECT YOUR BUSINESS.

OKAY.

WHICH WOULD HAVE SPECIFIED DECIBELS.

SO A QUESTION FOR THE CHIEF.

WHAT, WHAT AREA OF TOWN HAVE MOST THOSE COMPLAINTS COME FROM ON THE NORTH SIDE OF OYSTER CREEK DRIVE? UH, THAT SUBDIVISION OR NORTH SIDE, THE HOUSE DOWN.

ANYWAY.

UM, THIS HOTEL MISSILE TOWER, MISSILE WAY DRIVE NORTH.

AND YOU KNOW, SOME OF IT JUST DEPENDS ON, UH, YOU KNOW, MUSIC PRODUCED AND THE FREQUENCY TRAVELS IF IT'S NOT INTERRUPTED.

UH, SOMETIMES EVEN THE, THE WEATHER AND IT ALL DIFFERENT DEPENDS WHICH WAY TO WIN IS BLOWING.

ABSOLUTELY.

AND IF IT WAS ONE OR TWO.

BUT, YOU KNOW, THERE'S MULTIPLE COMPLAINTS IN THIS AND I APPRECIATE, UH, THE ATTITUDE THAT EVERYONE'S BRINGING TONIGHT, THAT IT IS GONNA TAKE SOME RESEARCH.

AND, AND WE'VE ALWAYS SAID WE'RE MORE THAN WILLING TO DO THAT.

UH, WE'RE LOOKING INTO BUYING INSTRUMENTS SO WE CAN MEASURE, UH, AND, YOU KNOW, SOME RESEARCH ABOUT, UH, AT WHAT MEASURABLE SOUND, UH, HOW MANY FEET IS THAT? SO MAYBE WE SETTLE ON A, ON A DISTANCE, UH, OR MAYBE WE HAVE TO GO TO DECIMALS MORE THAN WILLING TO, TO REACH OUT.

BUT JUST A CLARIFICATION, WE OPERATE NOW TEXAS LAW AND WE TALK ABOUT THAT EIGHT FIVE DECIBEL.

SO WHAT IT SAYS IN THE LAW IS THAT UNREASONABLE SOUND, UNREASONABLE NOISE.

UM, AND THEREIN LIES THE PROBLEM.

UH, WHAT IS UNREASONABLE AT, AT 2:00 AM UH, AMPLIFIED SOUND IS DIFFERENT THAN AT TWO IN THE AFTERNOON.

AND IT DEPENDS ON WHO'S, WHO'S HEARING IT, UH, WHOSE PIECE IS BEING DISTURBED.

OBVIOUSLY THEY MAY NOT SAY ANYTHING AT 2:00 PM THAT THEY MAY SAY SOMETHING AT TWO.

UH, WHEN WE TALK ABOUT THAT 85 DECIBEL, THOUGH IT'S DOWN FURTHER IN AN EXPLANATION OF THE LAW THAT SAYS IT'S A

[01:00:01]

PRESUMPTION.

DOESN'T MEAN IT'S UNREASONABLE.

IF IT'S LESS THAN 85, IT'S PRESUMED TO BE UNREASONABLE.

IF IT'S 85.

IF YOU SEE THE DIFFERENCE THERE, THERE IS A DIFFERENCE WHICH MAKES ENFORCEMENT DIFFICULT.

AND THAT'S WHY FROM THE POLICE DEPARTMENT STANDPOINT, THIS HAS ALMOST ALWAYS BEEN, UH, COMPLAINT DRIVEN.

IF WE GET COMPLAINTS, WE RESPOND.

MM-HMM .

SO YOU'RE REALLY LOOKING FOR THE SAME THING, WHICH IS JUST SPECIFIC.

WE ALL ARE, YEAH.

SPECIFIC.

I MEAN, BEAUTIFUL DOWNTOWN'S GREAT.

UH, BEEN TO SOME OF THE LOCATIONS.

THEY'RE NEAT PLACES.

WHAT WE'RE TRYING TO DO IS FIND A WAY TO COEXIST, UH, COEXIST, UH, TO BE AS, UH, LIMITING, UH, NOT TO BE ANY MORE LIMITING THAN WE HAVE TO BE.

AND, UH, LIKE I SAID, WE'RE WILLING TO DO WHATEVER RESEARCH THAT YOU REQUIRE OF US TO MAKE THAT HAPPEN.

AND IF YOU LOOK CHIEF, THAT'S WHY I PUT IN THAT 125 FEET.

THAT'S, IF A LAW ENFORCEMENT OFFICER CAN HEAR IT FROM 125 FEET, IT'S UNREASONABLE.

SO, BECAUSE I KNOW YOU SAID, HOW DO YOU KNOW WHETHER IT'S UNREASONABLE OR NOT? IT'S LIKE, WELL, IF IT'S 125 FEET FROM THAT PROPERTY, IT DOESN'T NEED TO BE.

AND SO THAT, I THOUGHT OF YOU TO PUT, SO THAT'S WHY I PUT THAT ONE IN.

AND WE MAY FIND MEASURING AT DIFFERENT LOCATIONS, YOU KNOW, WHAT DECIBEL AM I HEARING IT AT? AT 125 FEET.

THAT'S, I I'M CURIOUS ABOUT, I DISAGREE.

IF YOU CAN HEAR SOMEONE ELSE'S MUSIC AT 125 FEET, WHAT'S THE POINT OF EVEN BLARING IT OUT THAT MUCH FURTHER FROM YOUR PROPERTY? YEAH.

WE JUST BACK UP, UP.

I MEAN, CAN YOU, CAN YOU ROLL TO THE MAP, UH, WHILE YOU'RE DOING THAT, JUST BACK UP ON SOME HISTORY.

WE HAD THE SAME CONVERSATION YEARS AGO.

UH, WHEN IT CAME TO, UH, WE HAD A LOT OF, UH, PEOPLE THAT WERE USING DUNBAR PARK AND THEY WERE DOING OUTDOOR CONCERTS AND STUFF.

AND WE HAD A LOT OF COMPLAINTS FROM THE NEIGHBORHOOD ABOUT, UH, THE NOISE AND STUFF.

AND SO WHAT WE ENDED UP, WE TALKED ABOUT DOING DESMO DES METERS AND ALL THIS KIND OF STUFF.

AND I BELIEVE I, IF I'M CORRECT, IS WE CAME BACK AND, UH, WHAT WE DID, AGAIN, WE CAN CONTROL IT BECAUSE IT'S OUR RENTALS, AND WE GAVE THEM TIMELINES THAT MUSIC HAD TO STOP.

AND IT WAS, IT GOT TO BE WHEN OUR OFFICER COULD HEAR THE MUSIC OR OUR NEIGHBOR HAT COULD, UH, SO A CERTAIN DISTANCE FROM THE, UH, VENUE, THEN IT WAS TOO LOUD.

SO IT SOUNDS LIKE WE'RE KIND OF GOING THE SAME DIRECTION THAT WE DID WITH HER.

YES.

THESE RED CIRCLES ARE 125 FEET FROM THE BACKYARD AND FROM BODEGA.

WHY WOULD YOU NEED TO GO EVEN THAT FAR THAT IT SEEMS LIKE THAT'S UNREASONABLE, THAT YOU CAN WALK THAT FAR AWAY AND STILL HEAR IT STILL HAVE TO BE AUDIBLE AND I CAN PUT IN A MORE STRICT, A PLAINLY AUDIBLE OR WHATEVER.

BUT THAT'S, THAT'S PRETTY FAR.

WELL, I, I WOULD DISAGREE.

UM, EVERYBODY HAS A DIFFERENT HEARING.

MY HEARING'S NOT SO GOOD ANYMORE.

WHAT'D YOU SAY, , WITHOUT MY HEARING.

SO YOU MIGHT BE ABLE TO HEAR SOMETHING AT 125 FEET.

I CAN'T HEAR 1 25.

WELL, THEN YOU CAN MOVE INTO THOSE BUSINESSES.

BUT , I WOULDN'T WANNA BE THERE BECAUSE I HAVE NORMAL HEARING.

WELL, BUT HANG ON.

SECOND AN ENFORCEMENT QUESTION.

SO I, I WOULD ARGUE THAT A METER IS PROBABLY MORE CONSISTENT IN THE VARIATION OF DIFFERENT PEOPLE'S HEARING.

IT'S JUST ABOUT REALLY JUST LIKE, LIKE IT ALL BOILS DOWN TO JUST GIVING US, GIVING US SOMETHING THAT WE CAN WORK OFF OF.

THAT'S, THAT'S ALL.

BECAUSE LIKE WITH THE DJS, THEY HAVE EQUIPMENT, THEY CAN, YOU KNOW, THEY CAN REGULATE HOWEVER THEY WANT TO.

AND IF THEY GET A SET MOUNTING, HEY, I'M GOING HERE, THEY CAN PUT STICKERS OR TABS OR WHATEVER THEY HAVE TO DO.

SO THAT WAY THEN WHEN THEY KNOW THEY'RE THERE, THIS IS WHERE I GOTTA BE AT.

ONCE WE FIGURE THAT OUT.

BUT WE GOTTA, WE GOTTA GIVE US A, GIVE US A GUIDELINE SO THAT WAY WE CAN FIGURE THIS OUT.

THAT'S, THAT'S WHAT WE'RE TRYING TO WORK ON.

AND THEN WITH THAT, EVERYONE HELD TO THE SAME STANDARD.

YOU DON'T GET INTO THAT COMPETITION THING.

IT'S LIKE WHEN YOU'RE IN A ROOM MM-HMM .

AND SOMEONE STARTS TALKING AND THEN SOMEONE TALKS LOUDER TO BE HEARD OVER THAT.

AND I THINK THAT SOME OF THE SAME THING THAT WE GET INTO, IT'S, UH, AS THE NIGHT GOES ON, I THINK YOU HAVE A LITTLE BALANCING OF A, WE, WE TALKED ABOUT NEIGHBORHOOD NOISE, BEGINNING THE NEIGHBORHOODS.

THERE'S ANOTHER DEAL THAT, MY CONCERN IS, IS THAT EVEN WITH THE 125 FEET, YOU'RE, THE MUSIC THAT YOU'RE PLAYING, UH, IS INTRODUCED INTO OTHER BUSINESSES IN THE AREA.

FOR EXAMPLE, YOU HAVE, UH, OTHER RESTAURANTS THERE THAT DO HAVE SOME OUTDOOR DINING, UH, IN THE, IN THE AREA.

NOT MUCH, BUT THEY DO.

UH, BUT THE TYPE OF MUSIC THAT YOU PLAY OR WHATEVER IS, IT MAY NOT BE SOMETHING THAT SOMEBODY WANTS TO SIT OUTSIDE AND LISTEN TO, AND IT'S 'CAUSE IT'S PEELING OUT, SPILLING OUT YOUR BUSINESS AND MOVING OVER.

AND THEY'LL BE HEARING IT A BLOCK DOWN THE ROAD FROM THERE.

THEY MAY NOT WANT TO COME DOWNTOWN, COME DOWN TO DOWNTOWN BECAUSE OF THE MUSIC THEY WANT TO HAVE

[01:05:01]

COME OUT AND HAVE AN ENJOYABLE EVENING.

AND SO THAT GETS BACK TO HOW LOUD DO YOU HAVE TO HAVE IT FOR YOUR CUSTOMERS TO BE ABLE TO HEAR THEIR MUSIC.

AND I DON'T KNOW THAT IT NEEDS TO BE SO LOUD THAT IT'S, IT'S OUT INTO BLOCKS DOWN THE ROAD, EVEN DOWNTOWN.

UM, YOU KNOW, AND WE HAVEN'T EVEN TALKED ABOUT TIME, UH, ABOUT THE HOURS AND STUFF.

UM, SO THAT'S, THAT'S ANOTHER ISSUE IS, YOU KNOW, AGAIN, STATE ALLOWS, ALLOWS A BUSINESS, UH, TO GO TO 10 AND 11 O'CLOCK AND WE CAN DO AN ORDINANCE THAT SAYS NO MUSIC AFTER 11, UH, AMPLIFI MUSIC AFTER 11 O'CLOCK.

THAT MAY OR MAY NOT HAVE A MAJOR IMPACT TO YOUR BUSINESS, BUT IT WOULD MAKE THE, MAKE THE NEIGHBORHOOD QUIET UNLESS YOU DO TONE IT DOWN TO WHERE IT DOESN'T GET INTO THE NEIGHBORHOODS OR THE OTHER DOWNTOWN BUSINESSES, OTHER DOWNTOWN BUSINESSES.

MM-HMM .

OKAY.

WE'VE, WE'VE HEARD FROM THEM AS WELL.

AND YEAH.

WELL, IT CAN BE, IT CAN BE REGULATED.

LIKE I SAID, IT CAN BE REGULATED.

YOU KNOW, ONCE WE FIGURE OUT SOMETHING, WE'LL, WE'LL DEFINITELY REGULATED.

WHATEVER WE GOTTA DO, WE'LL TRY AND KEEP IT WITHIN AND WELL, AND I UNDERSTAND, I UNDERSTAND.

AND, AND WE APPRECIATE THAT YOU, THAT YOU WANNA DO THAT.

AND AGAIN, WE DON'T WANT TO TO TIE YOUR HANDS, UH, ON YOUR BUSINESS, BUT AT SAME OR ANY OTHER BUSINESS DOWNTOWN.

BUT AT THE SAME TIME, JUST LIKE I SAID, IS, IS UH, BECAUSE YOU WANT TO PLAY LOUD MUSIC, UH, IN, IN YOUR VENUE OR ANY OTHER VENUE DOWN THERE WANTS TO PLAY LOUD MUSIC.

IF IT SPILLS OUT ACROSS DOWNTOWN, THAT COULD BE A, HAVE A NEGATIVE IMPACT ON DOWNTOWN ALSO.

ESPECIALLY IF EVERYBODY'S DOING IT.

YEAH, YEAH.

YOU KNOW, IF YOU'VE GOT ONE BUSINESS DOING THIS AND ONE DOING THAT, AND IT'S ALL JUST CACOPHONY, IT'S LIKE FORT BUSINESSES THAT DOWNTOWN NOW IS DOING IT.

AND FOR THE RECORD, WE HAVE RECEIVED, UH, COMPLAINTS ON THE WORST HOUSE YEARS AGO, AND WE RESPONDED SEVERAL TIMES.

ALRIGHT, THANK YOU.

ALRIGHT, SO SHERRY, THESE, UH, THIS MARKUP IS THE MARKUP.

THIS IS WHAT YOU'RE SUGGESTING? YEAH, THAT'S WHAT I'M, I WAS SUGGESTING.

AND I DO HAVE C ON THERE AS IF YOU CAN HEAR IT INSIDE YOUR HOUSE.

UH, NO, DON'T MM-HMM.

GO TO THE, THE MAIN PAGE.

YEAH.

A IS JUST YOUR NORMAL.

UM, IF IT'S DISTURBING SOMEONE ON THE, ON SOMEONE ELSE'S PROPERTY, THAT'S A LITTLE VAGUE.

I NEVER LIKED IT, BUT IT'S THERE.

THE OTHER ONE IS, UM, PLAINLY AUDIBLE TO A POLICE OFFICER.

THAT WOULD BE, IF THERE'S A COMPLAINT, AND THIS IS WHAT THEY DON'T HAVE TO FIGURE OUT WHETHER IT'S REASONABLE OR NOT, IF IT'S PLAINLY AUDIBLE, WHICH I HAVE A DEFINITION FOR ON SOMEONE ELSE'S PROPERTY, WHICH IS DETECTED, UM, USING NORMAL HEARING WITHOUT LYNN'S HEARING AIDS.

UM, YEAH, I MEAN, WE CAN WORK ON THIS.

AND THEN C IS, BUT C IS THE ONE I REALLY LIKE, IS THAT IF YOU CAN HEAR PLAINLY AUTO WITHIN SOMEONE'S HOUSE, THEN IT IS PRIMA FASCIA A VIOLATION OF THE DIVISION.

AND THAT'S THE BIGGEST PROBLEM WE'RE TRYING TO SOLVE, IS THAT PEOPLE'S WINDOWS IS THE BASE BOOM, BOOM, BOOM.

THAT'S REACHING THEM.

YEAH.

BUT PEOPLE, BUT PEOPLE OUGHT TO BE ABLE TO SIT ON THEIR BACK PATIOS IN THEIR YARDS AND NOT HEAR IT EITHER.

THEM SHOULDN'T HAVE TO BE INSIDE THEIR HOUSE TO NOT HEAR IT.

AND THAT'S WHY I LIKE THE DECIBELS BECAUSE THAT'S BLACK AND WHITE AND IT'S, IT'S NOT ON ANYBODY'S JUDGMENT.

WELL, AGAIN, TO GET, TO GO BACK TO THE PREVIOUS, UH, LIKE I WAS TALKING ABOUT WITH PARKS DEPARTMENT AT DUNBAR PARK.

OKAY.

I LIVE OUT IN THE FARMS. AND UNTIL WE CHANGE THAT, I COULD GO NOT ONLY OUTSIDE, BUT IN MY HOUSE, DUNBAR PARK, I COULD HEAR THE BANDS PLAYING AT DUNBAR PARK.

AND SO THAT'S WHEN WE WENT BACK AND WE CHANGED THIS.

AND, UH, IT GOT BETTER.

WE DON'T HAVE ANYBODY NOW.

WE STILL HAVE PEOPLE RENT IT OUT EVERY ONCE IN A WHILE FOR CONCERTS AND STUFF.

NOT, NOT CONCERTS, BUT THEY PLAY OUTDOOR MUSIC AND STUFF.

BUT WE USED TO HAVE CONCERTS AND STUFF.

BUT ANYWAY, UH, SO THAT'S WHEN WE GOT IN, THAT'S, THAT'S WHEN WE GOT INTO THE, THE DEAL IS THAT IT COULDN'T, YOU KNOW, BASICALLY THE, THE PROPERTY LINE OF THE, OF THE PARK TYPE STUFF.

SO, UM, SO WOULD YOU, WOULD YOU SAY RHONDA, UM, WITHIN, JUST WITHIN THE PROPERTY OF A PRIVATE HOME, INCLUDING THE YARD.

RIGHT.

BUT, AND I WOULDN'T EVEN MAKE IT THAT SPECIFIC.

'CAUSE IT'S NOT JUST ABOUT THE HOMEOWNERS, IT'S ALSO ABOUT THE OTHER DOWNTOWN BUSINESSES.

WELL, THAT'S WHAT I WAS TRYING TO SEPARATE IT OUT.

YEAH.

'CAUSE THE DWELLING OF UC, IT, THAT MEANS THAT IT'S JUST LIKE THE DECIBELS THAT IF I PROVE THAT THIS PERSON COULD HEAR IT INSIDE THEIR HOUSE, THAT'S IT.

I'VE PROVED UP MY CASE AND IT SHIFTS THE BURDEN.

BUT WHAT IF THE, WHAT IF THE COPS COME AND THE PERSON CAN HEAR IT? THE COPS

[01:10:01]

CAN'T HEAR IT.

I, I DOUBT THAT IT'S, AND AND IT'S NOT, IT'S WHETHER THE PERSON CAN HEAR IT.

AND I, I DON'T THINK THERE'S THAT BIG OF A DIFFERENCE IN PEOPLE'S HEARING.

A PERSON HAS THE DECIBEL MEASUREMENT AT THE DOOR.

I MEAN, THAT'S, IF IT'S 85 DECIBELS AT YOUR DOOR, IT'S NOT GONNA GO ANYWHERE IN THE NEIGHBORHOOD.

IT'S JUST THAT SIMPLE.

I MEAN, 85 DECIBELS IS NOT THAT LOUD.

NO, IT IS NOT.

YOU KNOW, SO AT 85 DECIBELS, IF YOU REGULATE THAT, IT'S NOT GONNA BE, YOU'RE NOT GONNA HEAR CVS, YOU'RE NOT GONNA HEAR IT.

UH, PAST LOCAL, I MEAN, THAT'S 85 DECIBELS IS NOT LOUD.

I MEAN, I DON'T, I MEAN, REALLY, IT SHOULDN'T, YOU SHOULDN'T BE HEARING THE, A BUSINESS IS MUSIC OUTSIDE OF THEIR OWN PROPERTY.

THAT REALLY IS THE TRUTH.

IT SHOULD BE ON YOUR PROPERTY.

IT'S YOUR BUSINESS.

THAT'S YOUR ENTERTAINMENT.

THAT'S YOUR CUSTOMER BASE.

THAT'S FINE.

WELL, YOU KNOW, GO AGAIN.

YOU'RE TALKING ABOUT OTHER VENUES PLAY MUSIC AND STUFF, AND THEY'RE, AND THEY'RE, UH, THEY'RE NOT GETTING COMPLAINTS BECAUSE THEY'RE NOT AS CLOSED TO RESIDENTIAL.

THE DEAL IS, IS I CAN DRIVE DOWNTOWN AND THERE'S TWO BUSINESSES DRIVING DOWNTOWN WINDOWS ROLLED UP.

I CAN HEAR YOUR MUSIC.

OTHER TWO, OTHER TWO BUSINESSES.

YOU GO A LITTLE BIT FURTHER DOWN.

THEY DO OUTDOOR MUSIC.

I DON'T HEAR IT.

SO THERE IS ABILITY TO BE ABLE TO HAVE OUTDOOR MUSIC DOWNTOWN AND NOT EVEN IMPACT SOMEBODY DRIVING DOWN THE ROAD WITH THE WINDOW ROAD UP.

SO, UH, AND I'M JUST SAYING, IF WE GO BACK TO THAT SLIDE WHERE YOU'RE LOOKING, WHERE THE 125 FEET, WHERE YOU HAVE THE OVERLAPPING CIRCLES, THAT'S A BIG OVERLAP.

AND IT DOESN'T JUST OVERLAP THOSE BUSINESSES.

THAT OVERLAPS OTHER BUSINESSES.

YEAH.

BUT THAT 125 FEET IS JUST THAT YOU COULD HEAR IT, RIGHT? I MEAN, I CAN HEAR 'EM PLAYING A BAND AT THE HIGH SCHOOL FROM A HOUSE THAT'S A HALF A MILE AWAY.

RIGHT.

WITHOUT MY HEARING AIDS.

BUT AGAIN, THE, THE VAN IS NOT EVERY NIGHT ALSO, THAT'S USUALLY DURING MARCHING.

THAT'S USUALLY MARCHING SEASON.

YEAH, I UNDERSTAND.

BUT THAT'S ALSO INCLUDED.

WE CAN'T, WE CAN'T REGULATE.

BUT I UNDERSTAND WHAT YOU'RE SAYING.

ALL RIGHT.

SO WHAT DO WE WANT TO DO, CHIEF? WHAT WE THOUGHT WE WERE COMING UP WITH A DE TOOL, AND THAT'S WHERE I THOUGHT WE STARTED WITH DECIBELS.

WHAT TOOL ALLOWS THE OFFICERS TO DO THEIR JOB, KEEP THE MUSIC ON THE PROPERTY? WHICH TOOL IS MORE EFFECTIVE FOR YOU? WELL, THE TOOL WE CURRENTLY USE IS THE STATE LAW, WHICH WE GO BACK TO THAT REASONABLE STANDARD.

AND THAT'S NOT EFFECTIVE.

THAT'S WHY WE WAS THERE A WHOLE OF PEOPLE.

SO I PROSECUTED THEM OVER AND OVER AND OVER AGAIN.

RIGHT.

SO, AND IT WORKS.

SO THAT'S KIND OF WHERE WE'VE BEEN.

BUT I UNDERSTAND TO, TO GET ALONG AND TO, UH, MAKE OUR DOWNTOWN WHAT WE WANT IT TO BE, AND ALSO LIVE IN PEACE.

I THINK THERE'S A PLACE WHERE, UH, WITH A LITTLE BIT OF RESEARCH, WE CAN FIND OUT, UH, WHAT'S THE LEAST RESTRICTIVE AND WHAT WORKS.

UH, RIGHT NOW THERE HASN'T BEEN ANY RESTRICTION, AND WE DON'T HAVE GUIDELINES EITHER.

UH, SO WHEN WE GET COMPLAINTS, UH, WE GO ON THE REASONABLE STANDARD.

AND IF WE KEEP GETTING COMPLAINTS, THEN WE'RE GONNA HAVE TO TAKE ENFORCEMENT ACTION.

UH, I DON'T LIKE THAT.

AND I'M SURE NO ONE ELSE LIKES THAT EITHER.

UM, I THINK WHAT WE'RE GOING TO FIND IS, UM, A MIXTURE BETWEEN DECIBELS AND, UH, SOUND VOLUME.

THAT'S JUST DECIBEL.

WHY ARE WE NOT GETTING COMPLAINTS ON THE OTHER BUSINESSES? IT'S NOT JUST BECAUSE THEY PLAIN INSIDE.

THEY DON'T PLAY AS LOUD.

THEY DON'T.

RIGHT.

UH, AND THAT'S WHAT GENERATES.

SO WHERE ARE WE AT? WHERE'S THAT THRESHOLD? AND I, I'M, I'M JUST NOT CONVINCED THAT A SET DISTANCE FOR THE REASONS WE TALKED ABOUT IS THE SOLE ANSWER.

UH, WHAT IF NO ONE COMPLAINED AND WE WERE AT 200 FEET? WOULD ANYBODY HAVE A PROBLEM WITH THAT? IF, IF IT WASN'T DISTURBING ANYONE, WOULD 200 FEET MAKE A DIFFERENCE? UH, IF I HAD TO KEEP EVERYTHING INSIDE, I DON'T KNOW THAT, UH, CONFINING TO THE PERIMETER OR THE, UH, THE BOUNDARIES OF THE BUSINESS IN A DOWNTOWN AREA LIKE THIS, AND IN ALL THE COLLEGE TOWNS I'VE BEEN TO AND ALL THE OTHER PLACES, YOU

[01:15:01]

CAN ALWAYS HEAR PEOPLE'S MUSIC.

I CAN DRIVE DOWNTOWN AND HEAR, UH, YOU KNOW, MUSIC INSIDE THAT HAS THE DOORS OPEN.

IT'S NOT LOUD IN MY OPINION.

AND NO ONE'S EVER COMPLAINED ON IT.

UH, I JUST DON'T KNOW HOW REALISTIC IT IS TO SAY YOU'RE GONNA HAVE TO KEEP YOUR SOUND THERE.

UH, AND I GUESS THAT'S OPINIONATED, NOT NECESSARILY SCIENCE DRIVEN OR, UH, REALLY THAT CONFINES WITH THE LAW.

BUT, UH, I REALLY THINK, UH, A LITTLE RESEARCH ON, AND, AND, 'CAUSE I'VE ALREADY TOLD THE CITY MANAGER THIS, TO GET A MEASURING DEVICE THAT'S RELIABLE, IS REASONABLE.

UM, AND, UH, I WOULD SAY, LET'S SEE WHAT IT SOUNDS LIKE AT, AT CERTAIN LEVELS AND HOW FAR THAT SOUND TRAVELS.

YEAH.

I, I WOULD HAVE, INSTEAD OF GUESSING THAT, I THINK THE CHIEF AND I ARE IN THE SAME MINDSET.

I KNOW WE'RE TRYING TO SOLVE A PROBLEM, BUT WE DON'T KNOW THE ACTUAL PROBLEM THAT WE'RE SOLVING.

WE KNOW THAT RIGHT NOW THE CITIZENS ARE COMPLAINING IT'S LOUD IN THEIR HOME.

AND SO SHERRY'S TRIED TO APPROACH THAT.

BUT IF WE GO TO THE DECIBEL RACK SIDE, I MEAN ROUTE, WE DON'T KNOW WHAT THE DECIBELS ARE.

UM, WE, I DON'T THINK TODAY WE COULD TELL YOU THAT THE BACKYARD OR BODEGA OR AT 85, 75, A HUNDRED, UH, WE HAVE, WE HAVE NO CLUE.

UH, YOU COULD SET IT AT 60 AND THEY COULD STILL BE HEARING IT OVER THERE AND STILL BE CALLING.

YEAH.

SO MY HESITATION IS WHERE WOULD BE MY HESITATION IS MY HESITATION IS IF YOU SET IT ON A RATE TONIGHT OR, YOU KNOW, ON THE NEXT MEETING WITHOUT DATA, IT COULD BE THE WRONG LEVEL.

YEAH.

AND THAT'S FAIR.

LET'S FIND, LET'S FIND WHAT THE DECIBEL LEVEL IS.

'CAUSE EVERYBODY NEEDS TO KNOW IT.

THE, THE CITIZENS NEED TO KNOW IT.

THE BUSINESS OWNERS NEED TO KNOW IT.

LAW ENFORCEMENT NEEDS TO KNOW IT.

LET'S FIGURE OUT WHAT THAT NUMBER IS AND MOVE FORWARD ON THAT.

WELL, YEAH.

THAT YOU CAN DOWNLOAD A, A DECIBEL ME FOR FREE ON A IPHONE.

NO, NO.

WE'RE NOT USING IPHONE.

THEY, THEY HAVE TO BE.

WE NEED A PROFESSIONAL CALIBRATED.

I UNDERSTAND, BUT WHEN YOU SAY WE DON'T KNOW WHAT IT IS.

YEAH, I'VE, I'VE DONE SOME RESEARCH ON THAT.

WE CAN LOOK AT THIS.

SO WE GO FROM THE APP THAT YOU CAN DOWNLOAD TO A $3,000 MACHINE THEY USE FOR, UH, MORE THAN JUST LIKE PLANT SAFETY AND THINGS LIKE THAT.

WHAT WE SETTLED ON IS KIND OF A MIDDLE OF THE ROAD.

SOMETHING THAT WOULD STAND UP TO, TO, UH, TO, TO CONTEST IN COURT.

UH, SO WE FOUND ONE THAT THAT'S ANSI CERTIFIED.

UH, THEY SET STANDARDS FOR, YOU KNOW, ALL KIND OF INDUSTRIAL UNDERSTOOD, UH, WORK.

SO, UH, KEEP, I THINK THAT'S A PLACE TO START.

UH, THAT'S A LITTLE MORE THAN THE IPHONE, BUT WE'RE NOT, WE, YOU KNOW, GONNA GO OFF A CLIFF TO, TO BUY 4,000.

AND THEN WE HAVE DATA THAT JUST CAN BE APPLIED TO EVERYONE EQUALLY.

I THINK IT'S IMPORTANT.

I THINK IT'S IMPORTANT TO SAY TOO, AND I, I WOULDN'T BE, UH, REALLY DOING THE JOB IN, IN ENFORCEMENT.

'CAUSE THIS IS NOT TO, TO DETER OR TO, UH, PICK ON ANY ONE PERSON, BUT, UH, ANY ONE BUSINESS.

BUT THIS ATTENTION HAS BEEN ATTRACTED BECAUSE IT'S GONE TOO FAR.

ANY REASONABLE PERSON, WHATEVER STANDARD WE END UP AT, THERE'S TWO OR THREE PLACES THAT HAVE PUSHED THIS TO THIS DISCUSSION.

AND I'M KIND OF SPEAKING TO THEM NOW.

UH, IF WE CAN ALL WORK TOGETHER, WE CAN, WE CAN DIAL THAT BACK AND WE CAN WORK TOGETHER.

UH, BUT WE'RE ONLY STANDING HERE BECAUSE IT WAS JUST WAY TOO LOUD.

I, I'M, I'M NOT AN OLD FUDDYDUDDY YET.

UH, AND I, AND I'VE BEEN TO COLLEGE AND I'VE BEEN THROUGH ALL THAT, AND I'VE HAD A LOT GOOD TIME AT ALL THOSE PLACES.

IT'S LOUD.

AND THAT'S, THAT'S HOW WE GOT HERE.

SO IF WE, IF WE REMEMBER THAT, THEN WE MIGHT NOT EVEN BE TALKING.

BUT I, I THINK IT'S, YOU KNOW, MY WHOLE CAREER, UH, I'VE GONE NEIGHBORS, YOU KNOW, MY, THEY'RE PLAYING THE MUSIC TOO LOUD.

THEY'RE THIS OR THAT.

UH, AND, AND I'VE DEALT WITH THIS MY ENTIRE CAREER.

UM, I'M GLAD THAT EVERYBODY WANTS TO FIND A, A GOOD, REASONABLE SOLUTION.

UH, BUT IT, UH, IT'S A DIFFICULT, IT CAN BE DIFFICULT.

SO IT SOUNDS LIKE YOU'RE GOING TO GO INVEST IN A METER AND COLLECT DATA AND, UH, I THINK WE STILL NEED TO, UH, MY RECOMMENDATION IS WE STILL NEED TO, UH, THE WAY I ASSUME THIS IS GONNA BE IS AT LEAST WHENEVER YOU GET A COMPLAINT FROM A RESIDENT, UH, YOU COULD GO TO THEIR, THEIR PROPERTY AND DO A MEASUREMENT IF NOTHING ELSE, DO A MEASUREMENT FOR US.

UH, BUT THERE STILL GETS TO A POINT WHERE I'M STILL LOOKING FOR SOMETHING THAT'S A LITTLE BIT MORE IMMEDIATE, UH, TO GIVE SOME RESOLVE TO SOME OF THESE RESIDENTS BECAUSE THEY'RE NOT COMPLAINING JUST BECAUSE THEY DON'T LIKE MUSIC.

THEY'RE COMPLAINING THAT, I MEAN, THE LATEST ONE IS A MOTHER WITH, YOU KNOW, NEWBORNS AND THE THUMP, THUMP, THUMP IS NOT SOOTHING, NOT SOOTHING FOR

[01:20:01]

HER OR HER NEWBORN.

UH, SO, UH, WE HAVE UED OUR ENFORCEMENT OF THIS OVER THE LAST THREE WEEKS AND YEAH.

AND I WASN'T AWARE, UH, OF ANY COMPLAINTS THROUGH THE POLICE DEPARTMENT, UH, IN THE LAST WEEK, UH, IN THE PAST LONGS NOW.

RIGHT.

MAYBE THEY JUST CHOSE NOT TO OUT OF FRUSTRATION.

I UNDERSTAND THAT.

THEY DIDN'T CALL, I THINK SO MUCH FRUSTRATION AND, AND STUFF.

SO, YEAH.

UH, SO LAST MEETING, MR. MUNDO HAD HIS IPHONE.

I KNOW WE CAN'T USE THAT SITTING HERE.

AND THE COUNCIL MEETING WAS ABOUT 70 DECIBELS.

OKAY.

RIGHT.

SO THAT'S NOT VERY LOUD.

SO 85 DECIBELS, IT'S NOT VERY LOUD.

BUT YOU GOTTA ALSO, BUT THAT'S, THAT'S OKAY.

THAT, THAT IS HAVING THAT SAME LEVEL OF CONVERSATION OUT IN THE STREET ANYWAY.

IT'S, IT'S TO, UH, ANYWAY.

NO, I HEAR WHAT YOU'RE SAYING.

I'M NOT, I'M JUST MAKING A COMMENT THAT, YOU KNOW, LIKE CHIEF SAID, YOU KNOW, WE WOULDN'T BE HERE TALKING ABOUT IT IF SOME PEOPLE HAD NOT PUSHED THE ENVELOPE.

SO IF EVERYBODY GO AND MEASURE YOUR DECIBELS ON YOUR OWN, ON YOUR IPHONE OR WHATEVER, AND YOU ARE REASONABLE WITH IT, THEN NOBODY'S GONNA BE COMPLAINING OR HAVING ENFORCEMENT ISSUES.

SO I'M TRYING TO SAY, WELL, SO A RECOMMENDATION TO THE BUSINESS OWNERS, EVEN THOUGH WE MIGHT NOT USE A DECIBEL METER OFF OF IPHONE, THERE'S NOTHING THAT KEEPS THEM FROM DOING THAT.

THAT'S RIGHT.

THAT'S WHAT I TRYING TO SAY.

AND, AND TRYING TO STAY WITHIN THE GUIDELINES OF WHAT THE STATE LAW IS.

YEP.

IT'S ALWAYS BETTER TO SELF-REGULATE THAN TO BE REGULATED, RIGHT? MM-HMM .

ALWAYS.

THAT'S TRUE.

NOBODY LIKES THAT.

YEAH.

YEAH.

SO YEAH, IF YOU'VE BEEN VISITED A FEW TIMES IN ONE WEEK, YOU PROBABLY TURN IT DOWN, TURN IT DOWN A LITTLE BIT, BE GOOD NEIGHBORS.

THAT'S REALLY IT.

ALRIGHT.

OKAY.

SO RIGHT NOW THERE'S NOT GONNA BE ANY ACTION ON NUMBER FOUR OTHER THAN WE'RE GOING TO, UH, COLLECT SOME DATA, GET A, UH, GET THE METERS TO BE ABLE TO COLLECT SOME DATA FOR US.

BUT WE STILL CAN DO SOME ENFORCEMENT STILL OPERATE UNDER A REASONABLE STANDARD, UH, ACCORDING TO STATE LAW.

MM-HMM.

FOR SURE.

WHAT WE'VE ALWAYS DONE.

NOW, UH, UH, WHENEVER A CITIZEN MAKES A COMPLAINT AND YOUR OFFICERS TAKE ACTION, DOES A CITIZEN HAVE TO, UH, SIGN A FORMAL COMPLAINT, UH, FOR YOU TO TAKE ACTION? OR CAN YOU TAKE ACTION? WE HAVE, BY OUR CURRENT PROTOCOLS, WE WILL GENERATE AN OFFENSE REPORT.

'CAUSE IT IS AN OFFENSE AGAINST THE STATE OF TEXAS.

AND WE WILL FOLLOW UP THAT OFFENSE REPORT WITH WRITTEN STATEMENTS, UH, AND THEN, UH, ASK TO, UH, TO HAVE THAT MATTER GOING TO COURT.

IF WE MAKE MULTIPLE, UH, RESPONSES IN A NIGHT, THEN WE WILL TAKE OTHER ENFORCEMENT ACTION, EITHER IMMEDIATE, UH, ISSUE AN IMMEDIATE CITATION, WHICH WE, WE WOULD THEN SUBPOENA THE PERSON TO COURT, SUMMONS THEM TO COURT TO TESTIFY, UH, ABOUT WHAT THEY HEARD.

UH, AND, AND IT WOULDN'T BE UNREASONABLE TO, TO BRING IN ANYONE THAT HAD A COMPLAINT.

AND THERE'S, THERE'S SEVERAL OF THEM AS WITNESSES, UH, TO, YOU KNOW, PRIOR INCIDENTS.

UH, AND THEN OF COURSE, YOU KNOW, THE ULTIMATE ENFORCEMENT ACTION, IF WE KEEP HAVING TO GO BACK, UH, YOU KNOW, SOMEONE COULD BE ARRESTED IMMEDIATELY, THAT'S CERTAINLY NOT SOMETHING THAT WE, THAT WE WANT.

BUT THEY DON'T HAVE TO HAVE A COMPLAINT, THEY CAN HEAR IT THEMSELF.

SO UNDER THE REASONABLE STANDARD, UNLESS YOU HAVE A METER AND MEASURE IT TO BE 85 DECIMALS, WHICH IS A PRESUMPTION THAT IT'S UNREASONABLE IF, IF YOU METER IT AND IT'S 85, THAT'S UNREASONABLE BY, BY THE MEASURE.

SHORT OF THAT, THE UNREASONABLE STANDARD WOULD BE TWO PEOPLE IN THE NEIGHBORHOOD THAT SAID, HEY, WE CAN'T SLEEP.

WE KEEP HEARING THIS METER AND IT'S SHAKING MY WINDOWS.

SO WE COULD ISSUE THE CITATION AS A PROMISE TO APPEAR OR MAKE AN ARREST.

AND THEN THEY WOULD HAVE TO SHOW UP AS A WITNESS.

SO YOU'RE CURRENTLY, YOU, YOU'RE, YOU DON'T HAVE A TOOL BE PROACTIVE, YOU'RE REACTIVE.

SO YOU'RE REACTING TO A CUS UH, ASSISTANCE.

RIGHT.

AND, AND IT, IT IS REALLY ONE SIDED, IT DOESN'T ADDRESS.

AND I, AND, AND AGAIN, I SAID IT, UH, I THINK, UH, CERTAIN BUSINESSES HAVE PUSHED THIS, BUT THEY'VE ALSO SAID HERE TONIGHT THAT THEY'RE WILLING TO, TO DIAL IT BACK IF WE CAN GIVE 'EM SOME GUIDANCE ON WHAT THAT IS.

AND THAT'S WHAT I'D LIKE TO WORK TO, TO DO AS WELL.

OKAY.

ALRIGHT.

WELL, WE'LL, WE'LL HAVE TO REVISIT THIS WHENEVER YOU GET SOME DATA FOR US.

IS THAT OKAY WITH COUNSEL? YES.

ALRIGHT,

[5. Discuss requiring businesses that use amplified sound outside of their building to obtain a sound amplification permit. – Sherri Russell]

MOVE ON TO ITEM FIVE.

AND THIS IS DISCUSSED REQUIRING BUSINESSES TO USE THAT USE AMPLIFIED, UH, SOUND OUTSIDE OF THEIR BUILDING TO OBTAIN A SOUND AMPLIFICATION PERMIT.

AND SHERRY, THIS SUFFERS FROM THE SAME ISSUE

[01:25:01]

AS, UM, NUMBER FOUR THAT WE STILL NEED TO COLLECT DATA.

IT WAS THE THANKSGIVING HOLIDAY.

SO WE STILL NEED THE CHIEF TO GO AROUND MEASURING THINGS WITH THIS NEW DECIBEL METER TO FIGURE THIS OUT.

BUT LET'S GO BACK AND LET'S JUST TALK REAL QUICK AGAIN, THE, THE PURPOSE, PURPOSE OF THE, SO EVEN THOUGH IT'S A STATE OR STATE LAW THAT ALLOWS BUSINESSES TO HAVE OUTDOOR AMPLIFIED MUSIC.

YES.

UH, THIS WOULD BE TO ALLOW THEM TO OPERATE UNDER THE STATE LAW OR TO OUTSIDE THE STATE LAW.

THIS IS, THIS IS A NEW LAW.

THE STATE PASSED THAT SAID, BECAUSE SOME, A LOT OF CITIES, SOME CITIES HAVE, UM, IF YOU'RE GONNA HAVE AMPLIFIED MUSIC, YOU HAVE TO HAVE A PERMIT TO DO THAT.

THE STATE HAS COME BACK AND SAID, YOU CAN ONLY REQUIRE THE BUSINESSES TO HAVE A PERMIT IF THEY VIOLATE THESE CONDITIONS.

AND, UM, AND SO THIS WOULD, IT'S KIND OF A SPECIAL CONDITIONS.

I HAVE A PUNISHMENT.

YOU HAVE TO ASK, YOU HAVE TO HAVE A PERMIT IF YOU'VE BEEN TOO LOUD AND THIS MANY COMPLAINTS AND EXCEEDED THIS MANY DECIBELS.

AND WHAT WOULD, WHAT HAPPENS WITH THE PERMIT IS IT KEEPS THAT BUSINESS IN CONTROL.

BECAUSE IF THEY VIOLATE THAT PERMIT, WE CAN SUSPEND IT AND THEY WON'T BE ABLE TO HAVE AMPLIFIED MUSIC FOR A CERTAIN AMOUNT OF TIME.

BUT IT, YOU CAN ONLY USE THAT REGARDLESS THAT THE STATE ALLOWS THEM TO DO IT.

I'M SORRY, WHAT? SO IN OTHER WORDS, WHAT I'M GET KEEP ON ASKING THE QUESTION AND I SAID LAST TIME WAS, IS THAT AGAIN, STATE LAW SUPERSEDES ANYTHING WE DO, YES.

OKAY.

SO THE STATE LAW SAYS THAT REGARDLESS OF WHAT ANY CITY DOES, YOU CAN PLAY AMPLIFIED MUSIC YEAH.

RIGHT OUTSIDE UP TILL 10 TO 11 O'CLOCK.

YES.

OKAY.

UNLESS YOU VIOLATE CERTAIN PARAMETERS AND THEN THE CITY CAN GO IN AND REQUIRE THE PERMIT.

YES.

IS THAT CORRECT? YEAH.

SO IF THEY, IF THEY VIOLATE, IT'S, IN OTHER WORDS, IT'S, IF THE STATE LAW SAYS IT'S 85 DECIBELS YEAH.

AND YOU'RE OPERATING AT A HUNDRED MM-HMM .

OKAY.

YOU'RE VIOLATING THE STATE.

SO THEN THE CITY CAN COME BACK AND SAY, WELL, WE'LL ALLOW YOU FOR SPECIAL TO, IF YOU HAVE A PERMIT, YOU CAN DO A HUNDRED DECIBELS.

UM RIGHT.

THE STATE HAD IT AS YOU COULDN'T, YOU COULDN'T MAKE IT ANY QUIETER THAN 85 DECIBELS.

RIGHT.

SO THE CITY CAN, UM, SET THEIR OWN DECIBELS, SET THEIR OWN ABOVE THAT.

YES.

OKAY, I GOTCHA NOW.

OKAY.

SO, ALRIGHT.

SO AGAIN, BETTER TO SELF-REGULATE THE SOUNDS YEAH.

BECAUSE THAT'S GONNA BE A FEE AND A LOT OF PAPERWORK.

OKAY.

SO THERE'S NO ACTION ON THIS ONE YET EITHER, IS WHAT I'M SURE.

LET ME ASK, ON THE 85, ON THE STATE, ON THE 85 DECIBELS MM-HMM .

WHAT IS THE MEASUREMENT FOR THE STATE? I MEAN, DISTANCE WISE IS, OH, THAT'S PROPERTY LINE.

PROPERTY LINE.

IT'S AT THE PROPERTY LINE.

RIGHT.

WHICH MEANS IT'S BLEEDING OVER, BUT IT'S NOT BLEEDING OVER THAT LOUD.

OKAY.

SO 85 DECIBELS AT THE PROPERTY LINE.

YES.

RIGHT.

AND THAT'S THE CURRENT STATE LAW.

THEY DIDN'T, WE TALKED ABOUT THE LOWER.

YEAH, WELL THERE ARE TWO STATE LAWS, THE UNREASONABLE NOISE.

THERE'S A PRESUMPTION, I THINK IF IT'S 75 THAT IT'S UNREASONABLE.

THE AMPLIFIED SOUND IS 8 85 85.

OKAY.

BUT WE CAN GO LOUDER IF, IF WE THINK THAT'S OKAY.

GOTCHA.

OKAY.

MR. DUKE, YOU'RE STILL UP.

IF YOU WANNA SPEAK FIRST, I'D LIKE TO APOLOGIZE.

I'VE NEVER SPOKEN IN ANY KIND OF SETTING LIKE THIS BEFORE, EXCEPT FOR ONE I WAS MAYBE SUMMONED TO.

UM, AND WHENEVER I CAN'T FINISH THOUGHTS, I GET A LITTLE BIT FLUSTERED, SO I APOLOGIZE.

UM, I BELIEVE THAT MOST OF THE COMPLAINTS ARE STEMMING FROM BASE AS SOMEBODY THAT IS THE, THE, THE PERSON FACING THE OFFICER AS THEY COME IN AND TELL US TO TURN THE MUSIC DOWN, WHICH LAKE JACKSON IS ALWAYS MORE THAN REASONABLE.

THEY'VE NEVER BEEN RUDE ANYTHING.

LAKE JACKSON PD HAS BEEN AWESOME ABOUT THAT.

BUT, UM, THE BASE IS THE PROBLEM IN MOST OF THE CALLS.

AM I, AM I CORRECT SIR? MOST OF THE TIME THE BASE, SORRY, I TO TO SAY THAT.

CORRECT.

THAT DIFFERENT MEASUREMENTS ON TO MAKE AN ASSUMPTION THERE, BUT I THINK REASONABLY SPEAKING YEAH, THAT BASE, THAT SOUND TRAVELS.

YEAH.

THERE'S, THERE'S TWO.

YOU COULD, THERE'S TWO, THERE'S TWO MEASUREMENTS.

THERE'S AN A AND A C, IS THAT RIGHT? MM-HMM .

YEAH.

ONE, ONE MEASURES THE BASE AND ONE MEASURES.

YEAH.

THE CI THINK IS THE BASE.

UNDERSTAND, I THINK YOU'RE RIGHT ABOUT, SO THE BASE SEEMS TO BE THE GENERAL CONSENSUS ON WHERE THE ISSUE LIES.

MOST OF THE BASE IS PRODUCED BY, BY STANDALONE SUBWOOFERS THAT ARE EXTERNAL FROM THE TOP SPEAKERS.

VERSUS REQUIRING, LIKE, LIKE MY SUGGESTION WOULD BE INSTEAD OF MAKING SMALL BUSINESS OWNERS PAY FOR PERMITS FOR INDIVIDUAL DJ SHOWS OR LIVE BANDS, WHATEVER,

[01:30:03]

RESTRICT THE USE OF SUBWOOFERS IN OUTDOOR VENUES, IT'S A GOOD START.

AT LEAST THAT WAY YOU'RE NOT JUST COMPLETELY SLAMMING DOWN THE GAVEL ON PEOPLE AND, AND YOU'RE SEEING WHAT COULD POSSIBLY WORK.

I TRULY BELIEVE IF YOU TAKE THE SUBWOOFERS OUTTA THE OUTDOOR VENUES WITHOUT A PERMIT, WITH A PERMIT, LIKE REQUIRE A PERMIT FOR OUT, OUT OUTDOOR SUBWOOFER USE IN LAKE JACKSON, THEN IT WOULD DRASTICALLY REDUCE THE COMPLAINTS THAT Y'ALL ARE GETTING.

AND WELL, I THINK YOU'RE ANSWERING YOUR QUESTION THEN WHY DON'T Y'ALL START DOING IT POLICING YOURSELF AND START DOING IT YOURSELF.

I'M NOT, AND THEN WE PROBABLY WOULDN'T BE HERE WITH THIS PROBLEM.

I'M SORRY TO INTERRUPT YOU AFTER EVERYTHING UP.

WELL, I'M NOT INTERRUPTING YOU, SIR.

I'M JUST MAKING NO, NO, NO, NO.

I WAS APOLOGIZING.

I'M JUST MAKING A SUGGESTION.

I I'M NOT INTERRUPTING YOU.

I JUST MADE A SUGGESTION.

I WAS APOLOGIZING FOR INTERRUPTING YOU, MAN.

I PROMISE.

I PROMISE.

I, I'M, I'M, I'M JUST MAKING A SUGGESTION TRYING TO HELP YOU OUT, SIR.

THAT GOES BACK TO ONCE Y'ALL ESTABLISH A DECIBEL LIMIT, IF THAT'S THE ROUTE Y'ALL GO, THERE WON'T BE THE COMPETITIVE.

ESPECIALLY WHEN YOU HAVE TWO PLACES ACROSS THE STREET FROM EACH OTHER AND THERE'S NO REGULATION.

SO WHEN OUR CUSTOMERS CAN HEAR THE MUSIC FROM ACROSS THE STREET, NATURALLY ME, WHAT I DO, I'M GONNA INCREASE THE VOLUME AND THEN EVENTUALLY YOU HEAR IT AGAIN, SPEEDY.

SO I THINK IT'S A BACK AND FORTH THING WHERE WE'RE JUST TRYING TO MAKE SURE OUR CUSTOMERS CAN HEAR OUR MUSIC AND NOT, AND THAT GOES BACK TO WHAT YOU WERE SPEAKING ABOUT, UM, THE OTHER BUSINESSES THAT THE MUSIC IS PENETRATING INTO.

YOU KNOW WHAT I MEAN? SO, UM, HAVING THAT GUIDELINE AND THAT STANDARD WHERE EVERY VENUE HAS TO PLAY NO LOUDER THAN THIS LEVEL, I THINK WOULD CURB THAT RIGHT THERE.

AND I APPRECIATE YOUR SUGGESTION.

SOME PROBLEM SOLVING THERE ABOUT, BUT I PERSONALLY DON'T WANNA BAN WHAT YOU AS A PROFESSIONAL CAN OR CAN'T USE IN YOUR TRADE.

SO I WOULD NEVER SAY BAN ALL SUBWOOFERS.

'CAUSE I DON'T KNOW ANYTHING ABOUT THAT VERSUS JUST GIVE YOU, VERSUS JUST GIVE YOU, OKAY, HERE'S THE VOLUME LEVEL.

YOU DO YOUR THING WITH YOUR EQUIPMENT TO KEEP IT UNDER THAT VOLUME LEVEL AND IT'S ALL GOOD.

YOU SEE WHAT I'M SAYING? I LIKE THAT.

THAT THAT WAS JUST AN ALTERNATIVE TO NO, AND I APPRECIATE, I APPRECIATE THE SOLUTION, WHAT YOU'VE BEEN SAYING ALL ALONG.

YOU WANT US? YES, SIR.

YES, SIR.

A GUIDELINE, A DECIBEL LIMIT, A CALIBRATED TEST EQUIPMENT.

LIKE I'M NOT TRYING TO BE DISRESPECTFUL, MA'AM, I PROMISE, BUT I HAVE A HARD TIME SWALLOWING THAT A CALIBRATED MACHINE IS BETTER OR, OR, OR WORSE THAN SOMEONE'S EAR.

I SHOULD HAVE SAID THAT THE OTHER WAY AROUND.

IT'S JUST NOT A SUBJECTIVE YEAH, YEAH.

LIKE, LIKE, LIKE THE CALIBRATED MACHINE AS IS BLACK AND WHITE.

IT'S TESTED REGULARLY AND, AND, AND CALIBRATED.

I FEEL LIKE IT'S, IT'S, IT'S A STANDARD AND, AND BOOM, WE'RE THERE.

BUT WELL AGAIN, WE'RE, WE'RE GOING, UH, LIKE THE CHIEF IS GOING TO, HE'S, HE'S RECOMMENDING AN, AN INDUSTRY STANDARD PIECE OF EQUIPMENT.

SO THAT'S A GOOD DEAL.

UH, OBVIOUSLY WE'RE NOT GONNA RESOLVE THIS TONIGHT.

WE'RE GONNA GO OUT AND COLLECT SOME DATA AND, AND, AND BRING IT BACK.

THE, THE ONE THING THAT YOU'VE SAID IT SEVERAL TIMES, UH, AND THIS IS WHAT IS, IS PART OF THE PROBLEM, IS YOU STARTED TALKING ABOUT COMPETITION DOWNTOWN MUSIC, THEIR MUSIC IS LOUDER THAN MINE.

THEY'RE HEARING MY, MY CUSTOMERS ARE HEARING THEIR MUSIC, SO I'M GONNA CRANK MINE UP.

AND THEN YOU GET INTO THIS WAR THAT DOES NOBODY ANY GOOD.

THAT'S WHAT WE'RE TALKING ABOUT, SELF-POLICING.

I DON'T DISAGREE, BUT I, I CAN'T CONTROL WHAT THEY DO ACROSS THE STREET.

I CAN'T CONTROL THE NEXT MAN.

AND I HAVE TO ENSURE THAT MY CUSTOMERS CAN HEAR THE PRODUCT THAT I'M BEING PAID TO SERVE OUT TO MY CUSTOMERS.

THAT BEING MUSIC.

WELL, AGAIN, IF THERE'S A REGULATION ACROSS THE BOARD AND EVERYBODY'S ABIDING BY IT, YOU'LL NEVER HAVE THAT BLEED OFF FROM VENUE TO VENUE.

IT'S JUST, AND, AND I AND, AND, BUT IT'S JUST LIKE WHEN WE HAVE NEIGHBORS NEIGHBORHOODS THAT COME IN ABOUT OTHER ISSUES, WE ALWAYS SAY, HAVE YOU TALKED TO YOUR NEIGHBOR? WELL, NO, I HAVEN'T TALKED TO MY NEIGHBOR.

I'M COMING TO YOU TO GO FIX MY PROBLEM.

YOU WANT GOVERNMENT TO FIX THE PROBLEM INSTEAD OF RESOLVING.

SO THE DEAL IS, IS THAT YOU'VE GOT DOWNTOWN BUSINESSES, WHY CAN'T Y'ALL GET TOGETHER AND TALK ABOUT, SO WE'VE GOTTA RESOLVE THIS OURSELF, OR THE CITY'S GOING TO PUT TO PUT SOMETHING IN PLACE AND YOU MAY NOT LIKE WHAT WE PUT IN PLACE.

SO IT'S BETTER FOR THE BUSINESSES TO SIT DOWN AND TALK TO THE BUSINESS OWNER, TO SITTING OVER THERE THAT Y'ALL NEED TO SIT DOWN AND TALK ABOUT IT AND HOW WE'RE GONNA RESOLVE THIS.

IF Y'ALL GONNA HAVE B BATTLES DOWNTOWN ABOUT MUSIC, YOU'LL HAVE PD OVER THERE AND YOU'RE GONNA BE GETTING TICKETS AND YOU'RE GONNA, AND WHATEVER.

SO IT'S, I'M NOT PREACHING TO YOU, I'M JUST SAYING IS YOU, YOU KNOW, YOU BROUGHT IT, YOU MADE THE STATEMENT SEVERAL TIMES ALREADY, IS THAT IT BECOMES A BATTLE DOWNTOWN.

AND WE'RE NOT GONNA HAVE THAT.

I'M NOT GONNA HAVE THAT AS MAYOR.

AND SO I DON'T HOW ARREST THE COUNCIL FEELS, BUT I'M NOT GONNA STAND FOR DOWNTOWN BATTLES OVER MUSIC.

I AGREE WITH YOU COMPLETELY.

I AGREE WITH, WITH WHAT MR. BAKKER

[01:35:01]

SAID.

THE BEST THING THAT Y'ALL CAN DO FOR ALL YOUR BUSINESSES IS FIGURE OUT HOW TO WORK TOGETHER, STILL PROVIDE THE MUSIC FOR YOUR CUSTOMERS, BUT BE SURE IT'S NOT, YOU'RE NOT GETTING COMPLAINTS FROM OTHER RESIDENTS.

IF WE TRY TO WRITE A TECHNICAL STANDARD TO DO THAT, AS THE MAYOR SAID, YOU WON'T LIKE IT AND WON'T BE GOOD FOR IT.

AND IT MAY BE THAT FOR NOW IS THAT, YOU KNOW, YOUR BUSINESS MAY CHOOSE TO, TO, TO PLAY FAIR AND TURN THE VOLUME DOWN AND NOT BE A PROBLEM.

THE ONES THAT WANT TO CONTINUE TO BLAST, THEY WILL BE A PROBLEM.

AND THEY'LL BE THE ONES THAT'LL BE GETTING THE TICKETS AND THE CITATIONS FROM THE CITY.

YES, SIR.

AND SO, YOU KNOW, AGAIN, IF WE HAVE TO, WE'LL STEP IN AGAIN, THE REASON WHY WE'RE STEPPING IN IS, IS BECAUSE OF CITIZEN COMPLAINTS AND OTHER BUSINESS COMPLAINTS DOWNTOWN PAGES OF CALL COM CALLS.

SO, UH, THAT WE, IT'S PUBLIC LAST MEETING, I WAS HOPING THAT THIS WAS GONNA BE AN EASY ISSUE TO RESOLVE, BUT IT'S TURNING INTO A BIG ISSUE.

SO WE'LL GO OUT THERE AND COLLECT SOME MORE DATA AND COME BACK AND SEE WHAT COUNCIL WANTS TO DO.

I DO WANT TO CLARIFY, I DON'T BELIEVE THAT THESE BATTLES ARE INTENTIONAL.

I THINK IT'S MORE REACTIONARY JUST IN THE MOMENT.

WE DEAL WITH A LOT, WE DEAL WITH CUSTOMER REQUESTS, PEOPLE IT SHOULD BE A, IT SHOULDN'T BE A BATTLE AT ALL.

IT SHOULDN'T BE ABOUT AT ALL.

IT SHOULD BE JUST ENJOYING THE MUSIC, ONE BUSINESS, ENJOYING THEIR MUSIC, NOT A BATTLE AGAINST SOMEONE ELSE.

MUSIC.

IT SHOULD BE, YOU SHOULD LET YOUR CLIENT ENJOY THEIR MUSIC, NOT WORRYING ABOUT WHAT SOMEONE ELSE MUSIC IS ACROSS THE STREET AND TRYING TO HAVE A BATTLE WITH THEM.

AND THE OTHER THING IS THAT, THAT'S JUST THE BOTTOM LINE.

THAT IS, AND AND WE'RE ALSO GONNA BE PROTECTIVE OF OUR HOMEOWNERS, OUR CITIZENS.

YOU KNOW, EVERYBODY, WE PAY A LOT OF MONEY.

Y'ALL PAY A LOT OF MONEY IN RENT.

THEY PAY A LOT OF MONEY IN MORTGAGES AND TAXES AND THINGS LIKE THAT.

AND DESERVE TO BE ABLE TO BE AT PEACE IN THEIR HOME.

MY HOME IS MY SANCTUARY.

AND IF I HAD TO LISTEN TO THAT ALL DAY, I'D BE KNOCKING ON SOME DOORS.

SO, WELL, I UNDERSTAND, I UNDERSTAND.

WE'LL PROTECT THEM.

JUST TRYING TO COME TO A GOOD COMPROMISE.

YOU KNOW WHAT I MEAN? YEAH, NO, THAT'S GOOD.

I THINK, I THINK WE'RE GONNA FIND A, A GOOD MIDDLE GROUND, BUT IT'S GONNA TAKE, IT'S GONNA TAKE THE BUSINESSES ALSO TO TALK AND HAVE A CONVERSATION.

BUT, AND THE LAST THING ALSO IS THAT, YOU KNOW, WE'VE, WE'VE GOT, UH, AND I'VE TALKED A LOT ABOUT THE DOWNTOWN BUSINESS, OTHER BUSINESSES DOWNTOWN IS THE CITY.

THE TAXPAYERS HAVE SPENT A HUGE AMOUNT, MADE A HUGE INVESTMENT OF DOWNTOWN, REVITALIZING DOWNTOWN.

AND THE BUSINESSES THAT ARE THERE HAVE THE ADVANTAGE OF THAT INVESTMENT BECAUSE WE'VE MADE IT A NICE PLACE TO COME TO.

AND WE NEED THOSE BUSINESSES TO CONTINUE TO MAINTAIN THAT, THAT NICE ENVIRONMENT AND THAT THE NOISE IS, IS BECOMING A PROBLEM.

AND SO WE NEED, WE NEED THE BUSINESSES TO HELP OUT.

YEAH.

JUST TAKE PRIDE IN IT.

PROTECT IT.

OKAY, THANK YOU.

YES, SIR.

THANK YOU.

UH, MR. JACKSON, YOU WANT ANYTHING ELSE TO ADD? UM, YEAH, NOT, NOT MUCH.

I'M JUST, I'M JUST GONNA SAY, YEAH.

UM, AS FAR AS LIKE WORKING WITH OTHER BUSINESSES, WE ARE, WE CONSTANTLY WORK WITH EACH OTHER.

UM, BODEGA AND BACKYARD, WE'RE RIGHT ACROSS FROM EACH OTHER.

WE TALK TO EACH OTHER EVERY SINGLE DAY.

SO, UM, THAT'S PART OF THE REASON WHY WE ARE HERE.

WE ARE WORKING WITH EACH OTHER TO TRY TO FIGURE THINGS OUT.

AND THAT'S, YOU KNOW, PARTIALLY WHAT WE ARE LOOKING FOR.

WHAT CAN WE DO? LIKE THE AMPLIFIER, I MEAN, I, THE PERMIT, WE WOULD RATHER STAY AWAY FROM THAT.

BUT LIKE, IF WE HAVE TO JUST LIKE, LIKE DANNY SAID, WE HAVE TO JUST NOT DO SUB WARFARE.

THAT'S, THAT'S EASY.

WE'VE DONE IT BEFORE.

SO I'M JUST ALWAYS LIMITED GOVERNMENT AS THEY COME.

WE DON'T WANNA DO PERMITS EITHER.

NO, WE DON'T WANNA STAFF IT.

WE DON'T WANNA BE IN CHARGE OF IT.

WE DON'T WANT THAT EITHER.

THAT'S WHY WE'RE SAYING EVERYBODY BE GROWNUPS.

TURN MUSIC DOWN AND BE RESPECTFUL.

WORK YOURSELF.

WELL MAYBE IT SOUND LIKE YOU'VE BEEN THE OWNER YET YOU ARE DOING THE RIGHT THING, BUT IT'S WHO YOU HIRING IS NOT DOING THE RIGHT THING.

IT'S MAYBE YOU NEED TO HAVE A TALK WITH WHO YOU HIRING AND LET THEM KNOW WHAT Y'ALL ARE TRYING TO DO OR WHAT Y'ALL WANT TO DO FOR THE COMMUNITY TO, TO TRY TO HELP WORK OUT AND WORK WITH THE COMMUNITY AND STUFF LIKE THAT.

'CAUSE HONESTLY, I I, I REALLY WAS KIND OF UNAWARE OF ACTUALLY WHAT WAS GOING ON BECAUSE YEAH, THAT'S, THAT'S WHAT I'M SAYING.

SO IN THE PAST WE HAVE HAD THAT, UH, WE HAD THE COMPLAINTS, PEOPLE CAME, UH, THE COPS CAME AND WE TURNED IT DOWN.

THEN EVENTUALLY, AT ONE POINT I DID TELL 'EM ALL, HEY, WE'RE NOT GONNA USE SUBWOOFERS.

SO WE DIDN'T USE SUB WOLFERS FOR, FOR A WHILE AND THERE WERE NO COMPLAINTS.

AND THEN SINCE WE, YOU KNOW, THEY KIND OF BROUGHT 'EM BACK IN.

UM, YOU'RE IN CHARGE OF THAT.

WE'RE, WE DON'T BE IN CHARGE OF THAT.

BUT I HAVEN'T HAD ANY COMPLAINTS.

I HAVE NOT PERSONALLY HAVE.

YOU HAVEN'T, BUT WE'VE GOTTEN TWO PAGES IN THE LAST, YOU KNOW, FOR BACK.

BUT THAT'S WHAT I'M SAYING.

WE DON'T KNOW WHO IS ACTUALLY 12.

I'LL SAY.

I WILL SAY THERE WERE SOME BACKYARD PATIO CHART.

MM-HMM.

AND YOU GUYS ARE WELCOME TO SEE THOSE LOGS.

MM-HMM .

IS, THERE WERE A FEW BACKYARD PARTY PATIO.

MOST OF IT WAS

[01:40:01]

BODEGA.

OKAY.

YEAH.

BUT I MEAN, IT JUST WAS, AND SO, BUT YOU ARE IN CHARGE OF WHAT HAPPENS IN YOUR BUSINESS.

YEAH.

OKAY.

SO IT'S NOT NECESSARILY WHO IS COMING FROM LIKE, LIKE I SAID, TAKE THE INITIATIVE TO GO OUT ON YOUR OWN, BEING THE OWNER SOMETIME LATE AT NIGHT, YOU BEING THE OWNER AND YOUR PEOPLES DON'T EVEN KNOW YOU THERE.

GO SET OUT IN THE NEIGHBORHOOD.

JUST SIT OUT THERE ON YOUR OWN, ON THE, YOUR OWN AND JUST LISTEN AND MAYBE YOU'LL GET A DIFFERENT VIEW OF WHAT'S GOING ON.

STUFF.

I'M SURE, I'M SURE.

I MEAN, NOT NOT, NOT AT CVS GO OUT A LITTLE BIT, GO OUT A LITTLE BIT FURTHER AND JUST SAT OUT THERE.

I I, I KNOW THAT SOUND TRAVEL.

I, I WAS A AV GUY FOR LIKE FIVE YEARS.

I MEAN, AND I, I KNOW HOW TRA SOUND TRAVELS.

IF IT'S, IF IT'S OPEN SPACE, IT WILL TRAVEL AS FAR AS IT CAN GO.

AND 125 FEET IN ALL HONESTY, WITH THE LAST ONE, A HUNDRED TWENTY FIVE FEET IS, IS REALLY KIND OF, IT'S NOT REALISTIC WITH A OPEN SPACE.

YOU ARE LOOKING AT MORE LIKE, I MEAN, THREE TO 400 FEET YOU MIGHT GET AT, AT, AT 70 DBS.

AND THAT'S, AND I, I MEASURED, I HAVE THE APP ON MY PHONE AND I WENT OUT TO, AS FAR AS MY, AS FAR AS MY UH, UH, PARKING LOT.

AND WHAT I GET FROM THERE IS 50 TO 50 TO 60 DBS IN MY PARKING PARKING LOT, WHICH IS PROBABLY ABOUT APPROXIMATELY, MAYBE A HUNDRED FEET MAYBE.

AND I'M GETTING 50 TO 60 DBS NOW I GO TO THE BACK CLOSER TO CVS AND I'M GETTING 50 50 OR LESS.

BUT WHEN YOU WALK MORE TOWARDS CVS, YOU CAN STILL HEAR FAINTLY NOISE.

YEAH.

AND THAT NOISE WILL CONTINUE TO TRAVEL AND YOU PEOPLE MIGHT HEAR 'EM IN THEIR HOUSEHOLDS BECAUSE IT'S GONNA CONTINUE TO TRAVEL UNTIL IT HITS ANOTHER BARRIER.

IT'S ANOTHER WALL, ANOTHER BARRIER.

SO, SO THAT'S, THAT'S THE THING.

THE BEST MEASURE IS NOT DECIBEL, DECIBELS, THE BEST MEASURE IS NO CITIZEN COMPLAINTS.

, NO BABIES WOKE UP AT NIGHT.

THAT'S WHAT IT SEEMS LIKE.

THINGS LIKE THAT.

PEOPLE WILL BE ABLE TO ENJOY THEIR PATIOS.

YEAH.

IT'S ONLY GONNA BE CERTAIN PEOPLE THAT'S GONNA HEAR IT BECAUSE IT'S GONNA BE AND NO BATTLES.

NO BATTLES.

YEAH.

NO, NO, NO, NO, NO.

NO BATTLES.

IT'S NOT SUPPOSED TO BE BATTLES ANYWAY.

WELL, I MEAN, WE, WE DIDN'T BRING THE BATTLES UP.

SOMEBODY.

I DIDN'T, SOMEBODY BROUGHT THE BATTLES UP.

WE DIDN'T BRING THE BATTLES.

WE'LL FIGURE IT OUT.

OKAY.

THANK YOU.

ALRIGHT, WE'RE GONNA MOVE ON.

WE'RE GONNA COLLECT SOME DATA AND WE'LL COME BACK AND SEE WHAT THE DATA, WHAT THE DATA WE HAVE TO TELL US HOW BIG A PROBLEM WE'VE GOT UP.

SEE SOME IF IT'S SOMETHING WE CAN MEASURE.

ALRIGHT.

SO WE'LL

[6. Award bid to INDI Construction Partners for the Willenberg Street, Balsam Street, and Sleepy Hollow Subdivision Street Rehabilitation Bond project in the amount of $2,134,664 with a not-to-exceed total of $2,454,864 as budgeted. – Sal Aguirre ]

MOVE ON TO ITEM SIX.

ITEM SIX IS AWARD BID TO INDI CONSTRUCTION PARTNERS FOR, UM, THE WILLENBERG STREET B STREET, SLEEPY HOLLOW SUBDIVISION STREET REHABILITATION BOND PROJECT.

AND THE AMOUNT OF, UH, $2,134,664, UH, WITH A NOT TO EXCEED TOTAL OF $2,454,864 AS BUDGETED.

MR. AGUIRRE, UH, THIS IS THE PROJECT THAT WE HAVE BEEN WAITING FOR FOR A LONG TIME.

UH, THIS IS THE SLEEPY HOLLOW, UH, BALAM.

AND THE, UH, AND THE, UH, I JUST DREW A BLANK AND THE RE, UH, WILLENBERG STREET REHAB PROJECTS ON THE ASPHALT STREETS.

UH, THIS PARTICULAR PROJECT OPENED UP IN, UH, EARLY NOVEMBER, AND WE HAD A, UH, RESPONSE FROM THREE, UH, CONTRACTORS, INDY CONSTRUCTION PARTNERS, ENVIRONMENTAL ALLIES, AND HGI CONSTRUCTION.

UH, THE PLANT LOW BIDDER IN THIS PARTICULAR CASE WAS INDY CONSTRUCTION PARTNERS WITH A BID AMOUNT, BASE BID AMOUNT, BECAUSE THAT'S THE WAY WE SET IT UP.

IN THIS PARTICULAR BID, WE HAD THE, UH, BASE BID AMOUNT AS THE GOVERNING, UH, GOVERNING, UH, AWARD BASIS.

UH, WE ALSO HAD IN THIS PARTICULAR, UH, BID TWO MORE, UH, ALTERNATES, ALTERED ONE AND TWO THAT COVERED OTHER VARIOUS THINGS THAT WE ACTUALLY WANTED IN THE PROJECT IF WE COULD AFFORD THOSE THINGS.

AND THAT'S WHY WE SEPARATED THOSE THINGS IN THE BID, HOPING THAT IT WOULD, UH, ALL FALL WITHIN THE BID AMOUNT OF BID, UH, WITHIN THE BUDGET THAT IT WAS, UH, APPROVED FOR THIS PROJECT.

UH, 1 8 7 9 2 56 WAS THE BASE BID, THE LOWEST, UH, BASE BID WITH A CALENDAR DAY NUMBER FOR WORK OF 365 DAYS.

UH, WHEN YOU ADD THE ALTERNATE ONE AND TWO, IT SO HAPPENS THAT WE CAME OUT STILL WITH A BID THAT WAS STILL, UH, WILL STILL BE ABLE TO HANDLE BY THE BUDGET THAT WE HAD, THAT THAT WAS A 2 MILLION 134 664.

[01:45:02]

OUR RECOMMENDATION AT THIS TIME IS THAT THE AWARD BE, UH, GIVEN TO INDY CONSTRUCTION AS A RESPONSIVE, AS A LOW, LOW BIDDER AND MOST AND RESPONSIVE TO THE, UH, TO THE WAY THE BID WAS, UH, PUT OUT AND WITH A NOT TO EXCEED AMOUNT OF 2.4 5 8 4 8 8 6 4, WHICH HAS A 15% CONTINGENCY AMOUNT.

THE AVAILABLE BUDGET, UH, FOR THIS PROJECT IS 2.5 OUT OF A $2.7 MILLION.

THAT WAS ORIGINALLY, UH, $2.9 MILLION THAT WAS ORIGINALLY FUNDED.

THAT, UH, TOOK ALSO, UH, THAT PAID FOR THE ENGINEERING THAT INVOLVED IN THIS PARTICULAR PROJECT.

SO, UH, IN THIS PARTICULAR CASE, I ASKED SOME REPRESENTATIVES FROM NDB HERE PRESENT SO THAT THEY CAN RESPOND TO WHATEVER QUESTIONS YOU HAD RELATED TO THE CONTRACT BASED ON THE CALENDAR DAYS, IF YOU HAVE ANY, ANY RESERVATIONS ABOUT THAT.

AND, UH, I ONLY EXPECTED, UH, ONE TO BE HERE, BUT I SEE THAT THEY HAVE THE PROOF ARE FULL FORCE.

THEY, THEY WANTED MATCH YOU HERE, THE BOARD.

SO, UH, I'M GLAD FOR YOU GUYS TO HAVE BEEN HERE TO RESPOND TO THIS THING.

SO I'LL OPEN IT FOR YOUR, FOR YOUR START DATE.

YEAH, NO, WE HAVE NOT.

WE HAVE A START DATE UNTIL, UNTIL THE CONTRACT IS AWARDED.

THEN WE'LL HAVE A MEETING FOR THIS PARTICULAR PROCESS, WE HAVE AN ESTIMATED TIME START TO FINISH, 365 DAYS.

FIVE.

OKAY.

I MISSED THAT.

SO HAVE WE USED IND BEFORE? NO, WE HAVE NOT USED INDIE BEFORE.

AND YOU CHECKED PREFERENCES? WE, WE ACTUALLY CHECKED THE REFERENCES AND ALL THE REFERENCE CAME OUT CLEAN.

OKAY.

SO ARE WE DOING A CONSTRUCTION MANAGER AT RISK ON THIS PROJECT? NO, SIR.

AND WHY IS THAT? WE HAVE NEVER DONE ONE ON A ROAD CONSTRUCTION PROJECT.

NO CONSTRUCTION PROJECT? NO, BECAUSE WE HAVE ALREADY AL ALWAYS BEEN ABLE TO DO IT WITHIN THE BUDGETED AMOUNT AS WE HAVE DONE, AS WE HAVE DONE IT.

SO THE ELEPHANT IN THE ROOM IS, UH, 365.

SO COULD SOMEBODY EXPLAIN THE 365 DATES? SURE.

COMPARE IT TO THE OTHERS.

SURE.

WELL, GOOD EVENING.

UH, GOOD EVENING.

MY NAME IS BALDUR BURNELL.

I'M THE CEO OF VIDEO CONSTRUCTION PARTNERS.

AND IT'S AN HONOR TO BE HERE TO SPEAK ABOUT THIS PROJECT.

UM, YES, WE PROPOSED 365 DAYS, BUT WE CAN, UH, ACTUALLY MAKE THINGS TO BE EXPEDITED.

UH, WE UNDERSTAND NOW THE IMPORTANCE OF, IN PARTICULAR SLEEPY HOLLOW AND THE COMMUNITY.

WE HAVE WORKED IN THE PAST IN THE CITY OF BEL AIR FOR A, UH, A PROJECT SIMILAR TO THIS ONE WHERE WE HAVE A, UH, MITIGATION FOR ENVIRONMENTAL MITIGATION AND ALSO, UM, FINISHING THEIR, UH, RENEWING ALL THEIR DRIVEWAYS AND CHANGING SIDEWALKS AND APPROACH.

SO IT'S BASICALLY ALMOST THE SAME PROJECT.

AND SO WE'RE PRETTY CONFIDENT THAT WE CAN ATTACK THE ENTIRE PROJECT.

WE CAN LOWER IT TO 240 DAYS AND IN PARTICULAR FOR SLEEPY HOLLOW FOR 140 DAYS.

SO THAT WILL BE OUR COMMITMENT TO, UH, NOW UNDERSTANDING THE, ALSO THE CONCERNS WE WOULD LIKE TO HELP AS MUCH AS WE CAN WITH THE COMMUNITY.

YEAH.

WELL, THE, THE OTHER REASON WHY WE'RE ASKING ABOUT THE, THE, THE, THE CHALLENGE THAT WE HAVE WITH THE, THE ORIGINAL 365 IS BECAUSE YOU SAW, YOU, YOU, YOU'RE BECOMING AWARE OF THE NEIGHBORHOOD AND STUFF.

YES, SIR.

AND SO FOR THAT NEIGHBORHOOD TO BE TORN UP FOR THAT LONG WOULD BE NOT A GOOD THING FOR YOU OR FOR US.

AND, AND DEFINITELY NOT FOR THE RESIDENTS.

SO YES, SIR.

THAT'S WHY I WAS, THAT'S WHY WE'RE, YOU KNOW, THAT WAS THE, THE BIG QUESTION IS, IS, YOU KNOW, IS THERE ANY, ANYONE, AND YOU ALREADY ANSWERED YOUR QUESTION, IS CAN YOU IMPROVE IT? AND YES, SIR.

WE JUST, AND, AND, AND THEN WITH ALL OUR CONTRACTORS AND, AND I THINK I CAN SEE BY THE NUMBER OF PEOPLE THAT YOU HAVE HERE THAT REPRESENTING YOUR COMPANY IS THAT, UH, WE WANT, IT'S ALWAYS GREAT WHEN WE HAVE A CONTRACTOR THAT WALKS IN THE DOOR AND, UH, THEY, YOU KIND OF GET A FEEL THAT THEY'RE GONNA BE, UH, COMPASSIONATE TO THE RESIDENTS THAT WE'RE GONNA BE DISTURBING.

YES, SIR.

AND, UH, 'CAUSE WE, THIS ISN'T OUR FIRST TIME, THIS IS THE FIRST TIME TO DO, UH, A BIG, UH, ASPHALT PROJECT LIKE THIS.

BUT ON ALL OUR OTHER NEIGHBORHOOD, UH, STREET REDEVELOPMENTS AND STUFF, UH, UH, WE'VE, OVER THE YEARS, WE'VE BEEN ABLE COME UP WITH A PROCESS TO MAKE IT LESS EVASIVE ON THE RESIDENTS.

UH, AND UH, SO WE HOPEFULLY WE CAN CONTINUE WITH THAT, UH, WITH, WITH YOUR BUSINESS.

YES, SIR.

THANK YOU.

APPRECIATE THAT.

SURE.

ANY OTHER, HOW MANY YEARS HAVE YOU BEEN IN BUSINESS? UM, WE'VE BEEN, UH, PROBABLY, WELL GLOBALLY, 40, 40 YEARS.

YEARS.

SO YOU'VE BEEN AROUND A LITTLE WHILE AND HOUSTON ABOUT 20 YEARS.

YES.

VERY GOOD.

OKAY.

AND SO I, UH,

[01:50:01]

IT'S, IT'S GOOD THAT WE'RE ABLE TO WORK THE, UH, ALTERNATE ONE AND B ONE AND TWO IN, UH, THOSE ARE GONNA BE POSITIVE, UH, IMPROVEMENTS FOR THAT.

YES, SIR.

UH, FOR THAT WHOLE PROCESS AND STUFF.

AND THIS INCLUDES THE NEW ROW BASE THAT WE WERE TALKING ABOUT? THAT'S CORRECT.

YES, SIR.

AND, AND EVERYBODY HAVE WILL HAVE THE SAME DRIVEWAY, THE CONCRETE DRIVEWAY.

YES.

THANK GOD, .

SO LET ME CLARIFY THAT ONE, NOT THE FULL DRIVEWAY, BECAUSE IT MAY MISUNDERSTOOD AS THAT.

YES.

THE SAME APPROACH TO THEIR DRIVEWAY.

THE SAME APPROACH.

YES.

YES.

SAL, CAN YOU ALSO CLARIFY WHEN WE SAY THE CONCRETE CURB, IT'S NOT OUR TYPICAL CURB THAT YOU SEE TODAY? CORRECT.

IT IS NOT A TYPICAL CURBING GUTTER SECTION THAT YOU HAVE SEEN IN ASPHALT STREETS.

UH, THIS PARTICULAR CURVE SERVES PRIMARILY AS A REINFORCING RIBBON RIGHT.

ON EITHER SIDE TO BE ABLE TO WITH, YOU KNOW, WITH, UH, WITHHOLD THAT BASE THERE.

WE HOPING SO DOES IT MELT OFF INSTEAD OF S SLOUGH? IT'S SO IT'S FLUSH WITH THE ASPHALT.

IT'S FLUSH WITH THE ASPHALT.

YOU WILL SEE ONLY A RIBBON ON EITHER SIDE OF THE ASPHALT.

IT IS SIMILAR TO WHAT OLD TON ROAD HAS IN INCLUDE.

THEY HAVE THE CONCRETE DRIVEN ON THE SIDE OF OLD TON ROAD CITY LIMITS.

YEAH.

DOWN THE POST OFFICE.

OH, YEAH.

RIGHT BY THE POST OFFICE.

ALL THE WAY FROM, UH, DRIVE, BRASSWOOD DRIVE ALL THE WAY DOWN.

OKAY.

I HAVE NOT REALLY NOTICED THAT.

DID YOU STILL CLOSE DESIGN? DID YOU STILL CLOSE IN ALL MY, YEAH, IN ALL MY TRAVELS THROUGH THERE, I HAVE NEVER SEEN THAT.

BUT AGAIN, THE REASON WHY WE, THE REASON WHY WE TRY, THE REASON WHY WE WANT TO GO DOWN THIS ROAD IS, IS THAT 'CAUSE AS WE ALL KNOW, IS IF YOU DRIVE DOWN THE OLD ANGLETON ROAD, UH, THE COUNTY GOES BACK AND RESERVICES ALL THE TIME AND IT STUFFS OFF BECAUSE OF THE DITCHES ON EACH SIDE.

SO THIS IS LIKE SILAS SAYING, THE PURPOSE OF THIS IS, IS MORE OF A RETENTION WALL THAN IT IS ANYTHING ELSE.

RETENTION WALL.

YES.

AND HOPEFULLY IT'LL, IT HOPEFUL AGAIN WITH THE NEW ROAD BASE.

I'VE SEEN IT, I'VE SEEN WHAT THEY'VE DONE ON 36 WHERE THEY PUT IT OUT THERE.

ONCE THEY PUT THAT NEW ROAD BASE DOWN, IT'S, YOU WOULD ALMOST THINK THAT THE ROAD IS FINISHED BECAUSE IT'S THAT STRONG.

SO HOPEFULLY THAT'S GONNA BE A BIG POSITIVE THING FOR THIS NEIGHBORHOOD TOO.

YES, SIR.

THANK YOU.

THANK YOU.

WELCOME.

ALL RIGHT.

NO OTHER QUESTIONS? NO, SIR.

I'LL TAKE ON A MOTION ON ITEM SIX.

THANK MR. MAYOR.

I MOVE TO AWARD BID TO INDI, CONSTRUC CONSTRUCTION PARTNERS FOR THE WILLENBERG STREET, BOSTON STREET AND SLEEPY HOLLOW SUBDIVISION STREET REHAB PROJECT.

BOND PROJECT.

AND THE AMOUNT OF 2 MILLION HUNDRED $34,664.

BUT NOT XI, TOTAL OF 2,454,864 AS BUDGETED SECOND.

SO I HAVE A MOTION BY COUNCILMAN HANYA, SECOND BY COUNCILWOMAN, SETH, ANY FURTHER DISCUSSION? CALL FOR VOTE.

ALL IN FAVOR SAY AYE.

AYE.

AYE.

ANY OPPOSED? MOTION CARRIES UNANIMOUSLY.

THANK YOU.

THANK YOU.

THANK YOU FOLKS.

THANKS FOR MAKING SURE.

VERY FLATTERED.

YES, SAME HERE.

THANK YOU, SIR.

WELCOME.

THANK YOU.

ITEM SIX, UH, NOT ITEM SEVEN.

[7. Discuss and consider closing City Facilities on Friday, December 26, 2025. – Riazul Mia ]

RATHER DISCUSS AND CONSIDER, UH, CLOSING, UH, CITY FACILITIES ON FEBRUARY, NO, FRIDAY, DECEMBER 26TH, 2025.

MR. M? YES, UH, MAYOR SINCE THE CHRISTMAS IS ON THURSDAY THIS YEAR, BUT WE, AND DAY AFTER CHRISTMAS MOSTLY, UM, WE WANT OUR COUNCIL APPROVAL SO WE CAN CLOSE ALL THE CITY FACILITIES SO OUR EMPLOYEES CAN ENJOY ONE MORE DAYS OF HOLIDAY WITH THE FAMILY.

WE WILL HAVE THE TRASH COLLECTION ON FRIDAY, AND SO TRASH WILL BE PICKED UP ON FRIDAY.

OF COURSE, YOUR POLICE AND FIRE SERVICES ARE ALWAYS ON SOME REASON.

WHENEVER YOU STARTED TALKING ABOUT THIS ITEM, I STARTED HAVING A CHRISTMAS JINGLE IN THE BACK OF MY HEAD.

YOU SHOULD HAVE BEEN SINGING THAT .

YOU'RE SUCH A JOLLY GUY ALL THE TIME.

I HAVE NOT HEARD RIA SING .

ALL RIGHT.

UH, ANY DISCUSSION WITH COUNCIL ON THIS ONE? I THINK, UM, FIRST OF ALL, I APPRECIATE WE WERE NOT UNABLE TO GIVE MERIT RAISES TO OUR CITY EMPLOYEES THIS YEAR.

AND MY UNDERSTANDING IS THAT THIS STILL KEEPS US WITHIN BUDGET, BUT GETS THEM A LITTLE BIT CLOSER TO WHAT A MERIT RAISE WOULD'VE BEEN.

IS THAT CORRECT? THAT'S CORRECT.

UH, A MERIT INCREASE OF MEET EXPECTATION IS EQUIVALENT TO FIVE DAYS.

AND WE WERE GIVING ONE AND TWO DAYS.

SO THIS GETS A LITTLE BIT CLOSER.

SO WHAT ARE WE DOING ON WHAT TYPICALLY HAPPENS ALSO ON CHRISTMAS EVE? ON CHRISTMAS EVE, WE'VE, UH, TRADITIONALLY HAVE, UH, ALLOWED, WE'VE CLOSED FACILITIES, UH, RIGHT AFTER LUNCH.

AND WE'RE STILL GONNA DO THAT, CORRECT? UM, WE CAN, I WAS, UM, I WAS PUSHING IT BACK.

UH, UH, I WAS GOING TO DO YOU KNOW, THIS, UM, I WAS GONNA PLAY IT BY EAR.

REALLY.

IT'S, IT'S A PLAY BY EAR JUST TO SEE WHAT CUSTOMERS

[01:55:01]

ARE COMING IN.

IT'S SLOW OR WE USUALLY, WHAT WE DO IS I, I'LL KEEP IT OPEN AND WE'LL HAVE A SKELETON STAFF MM-HMM .

ON JUST TO ANSWER THE DOOR TO SELL THREE OR FOUR ROLLS AND GARBAGE BAGS.

USUALLY WHAT HAPPENS IS I'LL, I'LL CALL MODESTO AND SAY, QUIT BEING A GRINCH.

JUST LET 'EM GO HOME.

NO, I THINK THAT, I THINK I, I APPRECIATE THAT Y'ALL HAVE THOUGHT OUTSIDE OF THE BOX TO TAKE CARE OF THE EMPLOYEES.

AND I THINK IT'S A GREAT IDEA.

AND THE POLICE DEPARTMENT FOR CLARIFICATION, THE, THE POLICE DEPARTMENT WOULD GET A DAY.

THEY'LL GET A DAY, BUT IT'S A FLOATING HOLIDAY FOR THOSE THAT WORK.

THEY'RE DIFFERENT.

YEAH.

YEAH.

SO THEY GET TREATED A LITTLE BIT DIFFERENTLY.

YEAH.

OKAY.

ANY OTHER QUESTIONS? TAKE A MOTION ON ITEM I LIKE TO MAKE A MOTION TO ON FRIDAY, DECEMBER 26TH, 2025.

I'LL SECOND.

ALL RIGHT.

HAVE A MOTION WITH COUNCILMAN BUELL.

COUNT SECOND BY COUNCILMAN BAKER.

ANY FURTHER DISCUSSION? THANK YOU.

THAT WAS THE CHRISTMAS GIFT FOR THE EMPLOYEES.

OKAY.

HAVEN'T VOTED ON YOU.

WE HAVEN'T VOTED ON YOU.

COME ON, DON'T DUNK YOUR CHICKENS.

BEFORE THEY HATCH ALL WE HAVE A MOTION, A SECOND.

UH, ALL IN FAVOR SAY AYE.

AYE.

ANY OPPOSED? ALL RIGHT.

MOTION CARRIES UNANIMOUSLY.

THANK YOU VERY MUCH.

VOTE AGAINST IT.

ALL RIGHT.

THE THING THAT EVERYBODY WANTS TO HEAR ABOUT IS NEW BUSINESS FROM

[8. New Business Updates – David Walton ]

MR. WALTON.

GOOD EVENING.

MR. MAYOR, MEMBERS OF COUNCIL, I KNOW YOU'VE BEEN WAITING WITH BATED BREATH FOR HERE FOR ME TO SAY THAT CONSTRUCTION PROJECTS ARE STILL PROGRESSING.

UH, YOU'LL SEE THAT THE, UH, TAKE FIVE OIL CHANGE HAS SPROUTED, UM, YEAH.

IN FRONT OF THE, UH, DOLLAR TREE AND, UH, THERE ARE NOW CONSTRUCTION FENCES AROUND WHERE RED WING'S SHOES WAS.

RIGHT.

UM, IF YOU HAVE ANY QUESTIONS, COMMENTS, OR CONCERNS ABOUT WHAT'S ON THE LIST I SEE IN THIS HURRICANE GRILL AND WINGS.

YES.

IS THAT IS SOMETHING NEW? YES.

THAT IS A NEW RESTAURANT GOING INTO THE OLD CHINESE BUFFET THAT'S IN, THAT'S THE ANCHOR STORE OF THE, UM, THE SHOPPING CENTER RIGHT BEHIND WHERE LA MADELINE IS.

IF YOU'RE AN OLD PERSON, THAT'S WHERE CHEVY'S WAS.

YEAH, GO AHEAD.

YEAH, SEE I'M NOT DOWN COLLEGE DAYS.

YOU DON'T REMEMBER CHEVY IF YOU'RE MEDIUM OLD.

IT WAS CAFE LAREDO.

I DON'T REMEMBER THAT ONE EITHER.

IT WAS, IT WAS MORE FUN.

IT WAS CHEVYS.

CHEVY'S WAS A GOOD MEDIUM RIGHT NEXT TO IT BY WASH.

HOW ABOUT, UH, WHO'S GONNA TAKE THE, THE OLD BANK RIGHT HERE? THE P PNC.

THE PNC.

WE, WE HAVE NOT HEARD FROM, FROM ANYBODY ABOUT THAT, ABOUT THAT BUILDING.

SO THEY'RE NOT OPERATING OUTTA THAT BUILDING CURRENTLY? THEY'RE IN THE NEW ONE.

WELL, THEY DID MOVE TO THEIR NEW LOCATION.

YES.

I CAN'T GUARANTEE THAT THEY'RE NOT STILL OPERATING BUSINESS OUT OF, OUT OF THE OLD LOCATION.

AND THERE IS, UH, THE CHIPOTLE WE STILL BELIEVE IS WORKING ON THEIR SITE PLAN, BUT THERE'S GONNA BE TWO BUILDINGS THERE.

WE'RE NOW HEARING THE DISCUSSION OF A CAR WASH ON THE OTHER PORTION, UH, OF THE, OF THE RED LOBSTER LOT.

I CAN CONFIRM THAT.

THAT THEY HAVE SPOKEN TO US ABOUT A CAR WASH.

YES.

SO THIS IS THE QUICK BECKY.

THE QUICK QUACK.

QUICK QUACK.

UM, QUICK QUACK.

QUICK QUACK.

AS LONG AS THEY DON'T MAKE TOO MUCH NOISE.

.

YEAH.

NOW, BUT, UH, I KNOW ON OPENING DAY THEY DO FREE CAR WASHES.

'CAUSE WE DID IT IN TEXAS CITY.

'CAUSE WE, MODESTO AND I WENT TO A MEETING AND THAT JUST HAPPENED TO BE OPENING, OPENING WEEK OR SOMETHING.

THEY DID FREE CAR WASHES.

DID YOU GET A CAR WASH? NO.

OH.

HAD TO GO TO ANOTHER, THERE'S A LOT OF GUYS IN THE CLOCK.

BANNERS AND TUXEDOS.

YEAH.

YEAH, THAT'S RIGHT.

YEAH.

ALRIGHT.

ANY OTHER QUESTIONS FOR DAVID? ALRIGHT, THANKS.

THANK YOU.

ALRIGHT,

[9. Staff updates: a. City Manager b. City meeting action item summary ]

STAFF UPDATE.

C MANAGER, ANYTHING NO.

THAT YOU HAVEN'T SHARED WITH THE LAWYER? NO, I, I DON'T HAVE ANYTHING.

OKAY.

UM, WELL CAN YOU JUST GIVE US A, JUST A BRIEF HOW WELL THE, UH, FESTIVAL LIGHTS ROBIN PUT YOU ON, BUT YOU CAN TELL US.

IT WENT WONDERFUL.

NO HITCHES SIT TOO LONG.

WELL, I DO WANNA SAY ONE THING THOUGH.

NO, THAT'S OKAY.

YES, I DO WANNA SAY ONE THING THOUGH.

UHHUH IS, UH, AFTER THE PARADE MM-HMM .

AND WE FINISHED UP.

YOU MY, YOU KNOW, I WAS IN THE CAR AND STUFF AND WE WENT AND UH, WE WERE GOING TO GO BACK TO WHERE WE STARTED AT AND WE GO OUT OF THE PARKING LOT OVER AT THE BANK AND WE GO TO HIT OUT THAT DIRECTION.

AND WE HAD A, AN OFFICER THAT SAID, NO, YOU CANNOT DO THAT.

YOU CANNOT, YOU GOTTA GO THIS WAY.

YOU GOTTA GO ON THROUGH THERE.

I SAID, NO, LET US GO OVER THIS WAY.

WE'RE GONNA GO BACK.

WE WANT TO AND STUFF.

NO, WE HAVE OUR ORDERS FROM MS. ASHLEY.

IT WAS ASHLEY.

IT WAS, IT WAS ASHLEY.

THEY WERE SCARED OF HER.

GOT CONTROL OF THIS SITUATION.

BUT ANYWAY, IT WAS REALLY CUTE.

AND I SAID, BUT I'M THE MAYOR.

HE SAID, NO, I'VE GOT MY, I I'M SORRY SIR.

I JUST CAN'T DO THAT.

UH, I FELT THE POWER THAT NIGHT.

IT WAS WONDERFUL.

THANK YOU, OFFICER.

BECAUSE I HAD TO, I WAS LIKE, YES, I, YOU KNOW, IT WAS, YEAH, ASHLEY WAS LIKE VERY ST YOU KNOW, WE WERE TRYING TO KEEP 'EM GOING AND STUFF.

BUT, UH, THAT WAS ONE THING WE TALKED ABOUT NEXT YEAR.

I SAID THEY'RE GONNA STATION ME AT THE FRONT KIND OF WHERE I'M GONNA, THOSE THE VEHICLES AND STUFF THAT GO UP THERE AND WHEN THEY GO

[02:00:01]

BACK AROUND, I'LL FOLLOW Y'ALL AROUND AND MAKE SURE EVERYBODY GETS BACK UP TO THE FRONT SINCE.

UM, BUT IT WENT GREAT.

UM, I THINK ONE OF THIS IS ONE OF OUR BEST YEARS SINCE I'VE BEEN HERE, UM, OF THE PARADE.

I, I WANNA BRAG ON THE CITY EMPLOYEES WHO EVEN HELPED, UM, THOSE IN PUBLIC WORKS PARKS, UM, EVERYWHERE.

I SAW PEOPLE JUST WALKING BY, IF THEY SAW TRASH, THEY PICKED IT UP.

MODESTO HIM AND HIS DAUGHTER OUT, I THINK DOING STUFF.

BUT I MEAN, IT REALLY, YOU KNOW, YOU JUST, YOU JUST DON'T ALWAYS SEE THAT.

BUT I MEAN, THEY WEREN'T OUT THERE FOR, THAT WASN'T THEIR JOB THAT AT THAT POINT THEY WERE DOING BARRICADES OR SOMETHING.

BUT IF THEY SAW SOMETHING, THEY PICKED IT UP.

I MEAN THEY JUST, THEY WERE AWESOME.

YOU KNOW, THEY DIDN'T KNOW WHO I WAS, BUT THEY SAW US WITH THE PARADE AND THEY'D SAY, HEY, CAN I HELP? SO, UM, DO YOU HAVE ANY IDEA WHAT THE CROWD SIZE WAS OR ANYTHING THAT I DON'T, I MEAN, THEY HAD TO DRAW FIRE.

YEAH.

I MEAN ON THE, OVER THE OAK DRIVE.

MM-HMM.

TOWARD, UH, HEB AND STUFF.

I MEAN IT WAS SO DEEP YOU COULDN'T EVEN SEE YEAH.

HOW DEEP IT WAS.

'CAUSE IT WAS DEEP.

YEAH.

I, WHEN I CAME OUT THE TRAFFIC AND THAT WAS AFTER THE, YOU KNOW, PARADE, THERE WAS STILL TRAFFIC IN THAT DOWNTOWN AREA.

I KIND OF SNUCK OUT THE BACK WAY AND WENT WAY AROUND.

YOU KNOW, THAT WAY AT LEAST YOU COULDN'T GO.

YEAH, THAT'S RIGHT.

SHE'S GOT, YEAH.

YEAH.

I COULDN'T GO, THEY WOULDN'T LET ME.

BUT, UM, IT WAS, I DON'T KNOW.

I HAVEN'T, I DIDN'T GET TO SEE THE DRONE VID FOOTAGE THIS YEAR.

IT WAS, UM, SO FAR.

BUT LAST YEAR IT WAS REALLY NEAT TO SEE.

BUT YEAH, IT WAS GREAT.

THE WEATHER TURNED OUT.

NO RAIN.

EVERYTHING WORKED OUT GOOD.

SO IT WAS AWESOME.

SO GREAT WORK EVERYBODY.

YES.

THANK YOU.

I'LL PASS THAT ON.

NOTHING ELSE, MODESTO? NO SIR.

ALRIGHT.

UH, IN SUMMARIES FROM THE MEETING, WE GOT A LOT OF, WE'RE GONNA GO GET, WE HAVE A LOT OF MEASURING RIGHT.

WE'RE GONNA GET OUT SOME METERS AND PDS, GONNA DO SOME MEASURING AND WE'LL BRING AN ORDINANCE, UH, FOR THE SPEED LIMIT, UH, FOR YOU.

AND THEN, UH, PLANNERS WILL ON THEIR NEXT AGENDA, WILL DO, UM, A PUBLIC HEARING FOR MS. CROW MONTH OR TOMORROW.

MM-HMM .

OKAY.

ALRIGHT.

UH, OKAY.

WE'LL GO INTO I AS A COMMITTEE

[ITEMS OF COMMUNITY INTEREST ]

INTERESTS.

I'LL GO WITH MR. MULE.

NO SIR.

NOTHING.

MR. SANJANA, I HAVE A QUESTION, SAL.

SO ON THE NEW ROAD THAT THEY PUT IN, IN FRONT OF THE UH, UH, HOME TWO SUITES THERE MM-HMM .

SO IF YOU REMEMBER THEY HAD, UH, PUT THE BRICKS IN THE WRONG PLACE AND THE CROSSWALK, THE PAVE PAVEMENT.

YES.

CORRECT.

SO THAT ROAD IS SINK SINKING WHERE THEY TOOK THE PAVE OUT FROM.

SO THEY DID NOT, OKAY.

IT'S PROBABLY LOOSENED SOME OF THE SAND.

YES.

IT'S NOT THE PAVED PART, IT'S ACTUALLY THE CONCRETE THAT HAS SUNK.

SO RIGHT THROUGH WHERE THE WALKWAY IS TOWARDS THE, WE'LL LOOK, WE'LL LOOK AT IT AND SEE WHAT MIGHT BE HAPPENING THERE.

SO HOPEFULLY WE STILL HAVE WARRANTY ON THAT THING.

GET THAT FIXED.

EVERYTHING THAT GETS DONE IS ONLY HAS ONE YEAR'S WARRANTY NOWADAYS.

DO YOU REMEMBER ME ASKING YOU THAT? HOPEFULLY THERE, BUT, UH, WE'LL, WE'LL TAKE A LOOK AND SEE WHAT'S HAPPENING.

THERE SHOULDN'T BE HAPPENING THERE AT ALL.

NO, IT'S NOT THE BRICK PART, IT'S THE CONCRETE PART.

THIS IS THE CONCRETE PART FROM THE CIRCLE WAY.

OKAY.

WE'LL, WE'LL GRAM, I'M SORRY.

WE'LL CHECK ON THAT ONE.

THANK YOU FOR YOU.

THAT'S ALL AHEAD MS. UM, KEEP LAKE JACKSON BEAUTIFUL.

DOING THEIR ANIMAL CHRISTMAS LIGHT RECYCLING.

THERE'S BOXES ALL OVER TOWN.

YOU CAN GO TAKE YOUR BROKEN CHRISTMAS LIGHTS OR ONES YOU JUST DON'T WANNA UNTANGLE.

THROW 'EM IN THERE.

UM, THEY DO SOME, UH, RECYCLING.

THEY GOT OVER A THOUSAND POUNDS.

THEY HAD A LOT OF LIGHTS LAST YEAR, WHICH WAS GREAT.

UM, THERE'S BOXES ALL OVER THE CITY, CITY HALL, CIVIC CENTER LIBRARY, BUSH WHACKERS, UH, ALTA CR, DOW DIAMOND CENTER, HABITAT COMMUNITY FOUNDATION, BORO COUNTY AND GRAPEVINE GIFTS.

SO WHATEVER'S CLOSEST TO YOU, YOU JUST GO DROP 'EM OFF AND THEY RECYCLE 'EM AND KEEP LAKE JACKSON BEAUTIFUL.

DOES A LOT OF WORK FOR OUR CITY.

IT, MR. SCHOOLER? UH, THE ONLY THING, JUST SOME VERY POSITIVE FEEDBACK ABOUT THE FESTIVAL OF LIKE PARADE.

UH, PEOPLE REALLY ENJOYED IT.

I THINK JUST BIG.

NO SIR.

ALRIGHT.

I DON'T HAVE ANYTHING.

STAFF.

NO, SIR.

ALRIGHT.

LOOKS LIKE WE'RE DONE.

THANK YOU VERY MUCH.

EVERYONE.