[1. CALL TO ORDER]
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COUNCIL HAS A QUORUM THE FIRST ITEM IS AN EXECUTIVE SESSION ITEM.
WE'LL TAKE ANY INPUT BY THE PUBLIC.
DO WE HAVE ANYONE WHO WISHES TO SPEAK?
[2. EXECUTIVE SESSION]
REQUESTS TO SPEAK. OKAY.WE'LL MOVE TO OUR EXECUTIVE SESSION ITEM.
DELIBERATION REGARDING COMMERCIAL OR FINANCIAL INFORMATION THE GOVERNMENTAL BODY HAS RECEIVED -- -- ECONOMIC DEVELOPMENT NEGOTIATIONS REGARDING SAPPHIRE BAY.
WITH THAT WE'LL SECURE THE ROOM AND GO INTO EXECUTIVE SESSION. MARK, I WANT JUST A BRIEF ROUND TABLE WITH THE
[4A. Discuss options to address screening walls and plantings, and subdivision entry features that are not being maintained.]
>> I FOUND THAT IT DIDN'T SEEM TO ALIGN WITH THE ORDINANCES THAT WERE ON THE BOOKS. I STOPPED. THE EXPENDITURE OF THOSE FUNDS AND THAT PROGRAM -- UNTIL WE CAN REALLY TRY TO GET OUR HANDS AROUND THIS RATHER LARGE, COMPLEX TOPIC, WHICH IS, THE QUESTION -- WE WILL GO INTO IT HERE. THERE WE GO. IN THIS PRESENTATION, WE ARE GOING TO ASK, WHAT PROBLEM ARE WE TRYING TO SOLVE? WHY ARE WE TALKING ABOUT THIS? WHAT'S THE ISSUE HERE? TAKE A QUICK LOOK AT YOUR ADOPTED POLICIES. IT IS ADOPTED VIA LEGISLATION. WE ARE ALSO GOING TO LOOK AT SOME CITY SPECIFIC EXAMPLES. AND WE'LL DISCUSS SOME OPTIONS AND THEN RECEIVE YOUR FEEDBACK AND ANSWER THE FEEDBACK. WHAT ARE WE REALLY TRYING TO SELL FOR? THERE IS VEGETATION. NEIGHBORHOOD ENTRY FEATURES. BY ADJOINING PROPERTY OWNERS. HOAS. OTHER ENTITIES.
YOU CAN SEE SOME OF THE FAILED, UNMAINTAINED FEATURES THERE.
YOUR POLICY, WHICH AGAIN, WHICH WILL INFORM YOUR ADOPTED LEGISLATION -- SAXTON 77.5 .04 TALKS ABOUT PLANNING AND SCREENING. WHEN YOU DEVELOP PROPERTY, YOU HAVE TO HAVE LANDSCAPING. THAT IS LANDSCAPED ENTRIES. THERE'S A REQUIREMENT FOR SCREENING WALLS. PROPERTIES THAT ARE ADJACENT TO RIGHT-OF-WAY. IN THAT SECTION ALSO DEFINES COMMON AREAS FOR USE AND ENJOYMENT OF THE SUBDIVISION. IT SPECIFICALLY INCLUDES A SCREENIN WALL AND STATES THAT THE CITY SHALL NOT BE RESPONSIBLE FOR THE MAINTENANCE OF COMMON AREAS.
AGAIN, COMMON AREAS TO INCLUDE SCREENING WALLS. SECTION 77 504, FURTHER DOWN, D7 TALKS ABOUT THE MAINTENANCE . ANY LANDSCAPING OR IRRIGATION. MAINTENANCE OF ANY RIGHT-OF-WAY. BETWEEN THE PROPERTY LINE AND THE CURVED LINE. WE POINT EVENT BECAUSE SOME OF THESE SCREENING LAWS ARE IN A RIGHT-OF-WAY EASEMENT OR RIGHT-OF-WAY, AND THEN THE QUESTION BECOMES, WHO IS RESPONSIBLE FOR THE MAINTENANCE? THE DEVELOPMENT CODE SEEMS CLEAR THERE. 4 TALKS ABOUT SCREENING STANDARDS. AGAIN, IT SAYS THAT THE MAINTENANCE EASEMENT IS TO BE OWNED AND MAINTAINED BY HOA.
THE COUNCIL SPOKE FURTHER STILL IN THE STREETS OF RIGHT-OF-WAY
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SECTION. SECTION 54-189, WITH A TALK ABOUT MAINTENANCE OF PUBLIC RIGHTS-OF-WAY BY PROPERTY OWNERS -- THAT IS THAT TITLE SPECIFICALLY. IT SAYS ANY OWNER -- YOU CAN READ THE REST OF THEIR -- SHALL MAINTAIN THE LAND BETWEEN THE PROPERTY LINE AND THE PLOT AND THE ADJACENT CURVE -- CURB. IT SAYS THE PROPERTY SHALL MAINTAIN THE PROPERTY CONTAINING ANY EASEMENT IN THE SAME MANNER AS WOULD BE REQUIRED IF THE EASEMENT DID NOT EXIST.SO IF THERE'S AN EASEMENT, IT DOESN'T MEAN YOU HAVE ANY OBLIGATION. YOU SHOULD MAINTAIN IT IN THE SAME AREA. SO, RIGHT-OF-WAY. THIS IS AN OVERSIMPLIFICATION. BECAUSE THIS ENTIRE CONVERSATION IS REALLY TERRIBLY FACT SPECIFIC. WE ARE TRYING TO GENERALIZE IT INTO BROAD CATEGORIES BECAUSE I THINK YOU CAN. RIGHT-OF-WAY'S IS EASEMENT OF USE FOR PUBLIC PROPERTY. SOME POINTS TO CONSIDER THEIR BREAD HAVING A RIGHT-OF-WAY EASEMENT DOESN'T MEAN THE CITY HAS OWNERSHIP OF THE PROPERTY. THE EASEMENT DOESN'T GIVE YOU OWNERSHIP.
THERE ARE INSTANCES WHERE RIGHT-OF-WAY -- I'M GOING TO PUT THAT IN QUOTES. GENERALLY, YOU HAVE A RIGHT-OF-WAY, ESPECIALLY FOR THIS PURPOSE. IT IS A GENERAL EASEMENT. AND BECAUSE YOU HAVE A RIGHT-OF-WAY OR BECAUSE WE HAVE A RIGHT-OF-WAY EASEMENT, IT DOES NOT AUTOMATICALLY US WITH A RIGHT-OF-WAY OBLIGATION. THAT IS NOT ACCURATE. IN MOST INSTANCES. AND SO I THINK WE CAN MEET SOME -- REACH SOME CONCLUSIONS AFTER YOU HAVE REVIEWED YOUR POLICY STATEMENTS ACROSS THE YEARS. THE CITY IS NOT RESPONSIBLE FOR THE MAINTENANCE OF RIGHT-OF-WAY. GENERALLY, THE PROPERTY OWNER OR HOA IS RESPONSIBLE. AGAIN, AS A REMINDER, THIS IS TRUE, EVEN WHEN IMPROVEMENTS ARE IN THE RIGHT-OF-WAY OR AN EASEMENT. I WILL PAUSE HERE BEFORE GOING TO THE EXAMPLE TO SEE IF THERE ARE ANY QUESTIONS. WE WILL COME BACK AND DISCUSS FURTHER. ANY QUESTIONS BEFORE I PROCEED? OKAY. SO LET'S LOOK AT SOME EXAMPLES. THESE ARE VERY FACT SPECIFIC QUESTIONS. LAKE BEND AREA OFF OF TRAIL LAKE DRIVE -- YOU CAN SEE THERE IS NO SEPARATE PARCEL OR EASEMENT FOR ENTRY FEATURE. THERE IS NO HOA. THAT AREA DOESN'T HAVE AN HOA. WE POINT IT OUT BECAUSE PEOPLE SAY, WEL, THE WALL IS IN A DEDICATED AREA AGAIN. AGAIN, KIND OF NOT RELEVANT FOR THE PURPOSES WE ARE DISCUSSING. HIS MAINTENANCE OBLIGATION IS THIS? AGAIN, YOU CAN SEE THE PICTURE THERE. THIS IMPROVEMENT, THIS ENTRY FEATURE, AND THAT SCREENING WALL, ARE ENTIRELY ON PUBLIC PROPERTY. I'LL GO BACK TO SHOW YOU AGAIN.
THAT'S AN EXCERPT FROM THE PLAT DOCUMENTS THAT CHRISTOPH PULLED.
ALAN ROCK AND MILLER. THERE IS AN EASEMENT ON THE MILLER SIDE.
INTERESTINGLY, THE PLAT INCLUDES LANGUAGE THAT CLEARLY SAYS THE SCREENING WALL SHALL BE MAINTAINED BY THE HOMEOWNER.
AGAIN, THERE ISN'T MUCH CONTROVERSY OR DISPUTE WITH RESPECT TO THE OBLIGATION THERE. AND YOU CAN SEE A PICTURE OF THAT WALL. THAT IS THE DALROCK SIDE. WE HAVE MANY FUNCTIONING HOAS. IS THE CROSSROADS AT NORTH POINT. YOU CAN SEE HERE THAT THE EASEMENTS AND FEATURES ARE DEDICATED TO AND MAINTAINED BY THE HOA. YOU CAN SEE THERE, IT LOOKS LIKE THEY ARE DOING JUST THAT. SENT ONE OF THE MORE VEXING AND REALLY FACT SPECIFIC AREAS TO LOOK AT WITH RESPECT TO THIS CONVERSATION IS -- ONE OF THE HOAS IS DORMANT. I USE THAT LANGUAGE INTENTIONALLY AS
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OPPOSED TO A DEFUNCT OR DISSOLVED HOA. SHORT OF DOING RESEARCH TO FIND OUT IF AN HOA IS DISSOLVED -- BECAUSE WE LOOK AT THE RECORDS -- BUT -- MOST PROBABLY DON'T FILE DISSOLUTION BOX. -- DOCS. THEY STOP BEING ACTIVE. THAT DOESN'T MEAN THEY DON'T EXIST. HERITAGE WAY. YOU CAN SEE THE PLAT IN THE COMMON AREA OWNED AND MAINTAINED BY THE HOMEOWNERS ASSOCIATION.INTERESTINGLY -- CHRISTOPH AND I LEFT AT THE FACT THAT IF YOU LOOK AT THE PHOTO IN THE BOTTOM LEFT, BASED ON THE ORDINANCE, YOU COULD ARGUE -- AND THAT YOU WOULD BE CORRECT -- THAT WE HAVE A MAINTENANCE OBLIGATION FOR THAT FEATURE IN THE MEDIA. HERE IS WHY I POINT THAT OUT. WE ARE NOT MAINTAINING THAT RIGHT NOW.
SO A PROBABLY SOME HOMEOWNERS ARE, OR THE HOA IS. IF WE ARE EVER CALLED UPON TO MAINTAIN SOMETHING IN THE MEDIA, IT PROBABLY WON'T LOOK THAT NICE. AT THAT POINT, WE ARE PROVIDING ENHANCED BENEFIT TO THE PRIVATE RESIDENTS IN THAT AREA DIFFERENT THAN WE WOULD BE IN MOST OTHER PARTS OF THE CITY. IT DOESN'T MEAN WE WOULD NECESSARILY GO IN AND DESTROY IT AND STRIP IT. WE WOULD CERTAINLY LOOK AT REDUCING THE MAINTENANCE REQUIREMENT THERE. AND SO, HERE, YOU CAN SEE THE IMAGE EXTRACTED FROM THE CAD WHERE IT SHOWS THAT PROPERTY AT THE CORNER THERE IS OWNED BY THE HOA. IT DOESN'T APPEAR TO BE A FUNCTIONING HOA BUT IT IS STILL LEGALLY IN EXISTENCE AND THAT PROPERTY IS STILL OWNED BY IT.
SO, AGAIN, YOU HAVE ACTIVE HOAS AND NO HOAS AT ALL. IN EACH OF THOSE INCIDENTS , IT IS CLEAR THAT THE MAINTENANCE OBLIGATION IS NOT THE CITIES. WHAT IS THAT LEAVE US WITH RESPECT TO OPTIONS? OF COURSE CODE ENFORCEMENT IS AN OPTION AND IT IS THE OPTION WE COMMONLY TAKE WITH RESPECT TO MAINTENANCE ON PROPERTY. BEHIND THE STREET CURVE. FROM THE STREET BACK TO THE PROPERTY LINE. IT WOULD BE A NOTICE OF VIOLATION. IF THAT IS NOT ABATEMENT BUT I WOULD ARGUE THAT THAT WOULD BE IN VERY RARE INSTANCES WHERE THE SCREENING WALL POSED A HAZARD TO THE PUBLIC HEALTH AND SAFETY AND GENERALLY, A PORTION OF IT IS UNDER THREAT OF COLLAPSE. OTHERWISE, FOR AESTHETIC REASONS, YOU WOULDN'T GO TO THAT. IF THE ASSET IS ON PRIVATE PROPERTY OR IF IT IS WITHIN AN EASEMENT, SOMETIMES, YOU CAN CORRECTLY THINK THAT IF IT IS IN AN EASEMENT, IT IS THE CITIES.
WE HAVE A DEDICATED HOA SO I THINK IT IS CLEAR-CUT. DEDICATED TO THE HOA. PRIVATE PROPERTY. WE ARE GOING TO TAKE PRETTY MUCH THE SAME STEPS. HERE, IF WE WERE TO ABATE, IT BECOMES EASIER.
RIGHT? YOU CAN FILE A LIEN AGAINST THE HOA. RATHER, IF THE HOA IS DOOMED, LET ME GO BACK, THE OBLIGATION FALLS TO THE PROPERTY OWNER. IF YOU HAVE A DORMANT HOA, WE GO OUT AND CITE THE PROPERTY OWNER, THE PROPERTY OWNER , OF THE DORMANT HOA COULD ATTEMPT AN ACTION AGAINST THE DOCTOR. BUT AGAINST THE PROPERTY OWNER. HERE IS WHERE THE PROPERTY IS PLATTED IN THE NAME OF THE HOA. IF THIS WERE THE CASE, WE WOULD GO AFTER THE HOA. THIS IS WHERE THE PROPERTY IS PLATTED. IN THE NAME OF THE HOA. WE HAVE TO GO OUT AND GET AN ORDER. THIS IS ACROSS THE ABATEMENTS. THAT IS PRETTY RARE. I DON'T WANT ANYONE TO THINK, WE ARE GOING TO GO DOWN THE STREET.
IS KIND OF WHAT WE HAVE BEEN DOING. WE KIND OF DID IT WITHOUT SOME OF THE NECESSARY ELEMENTS THAT WE SHOULD'VE HAD IN PLACE.
COULD REVISE THE ORDINANCES, AND YOU COULD ESTABLISH A CITY MAINTENANCE RESPONSIBILITY FOR WALLS AND ENTRY FEATURES. THIS IS FRAUGHT WITH A LOT OF PITFALLS. BECAUSE AGAIN, SOME OF THESE SCREEN WALLS ARE WHOLLY CONTAINED ON PROP -- PRIVATE
[00:15:03]
PROPERTY. YOU CAN HAVE AN EASEMENT IN THOSE INSTANCES. YET THE RESEARCH ALL THOSE IN FIGURE THAT OUT. THE OTHER THING IS, WHERE WOULD YOU DO THIS? WOULD YOU JUST DO IT IN CERTAIN DESIGNATED CORRIDORS? THEN YOU HAVE A QUESTION OF EQUITY THAT YOU HAVE TO ANSWER. AND YOU HAVE TO ANSWER THAT QUESTION EVEN IF YOU GO DOWN THIS PATH. AND YOU CAN SEE, THESE ARE HIGH-LEVEL ESTIMATES.LEGITIMATELY MAINTAIN . WE'VE DONE IN THE PAST PLANNING MATERIALS. I THINK IT HASN'T BEEN VERY SUCCESSFUL. IT'S VERY DIFFICULT TO MAINTAIN. YOU HAVE IRRIGATION. THERE ARE OTHER COSTS. I DON'T KNOW IF YOU WOULD RECOMMEND IT. WE TRIED TO DO THE BEST WE COULD. ALL RIGHT. YOU CAN SEE WHETHER THERE ARE EXAMPLES OF THAT. I WANT TO GO BACK HERE FOR JUST A MOMENT. IT MAY SEEM REALLY EASY TO SAY, WELL, CITY, JUST PAY THE DIVIDEND.
WE'VE KIND OF DONE IT IN THE PAST. I'M NOT SURE WHY. I TRIED TO RESEARCH. I COULDN'T FIND ANYTHING. I COULDN'T FIND ANY RESOLUTIONS OR ORDINANCES -- THERE IS PROBABLY A MEETING SOMEWHERE WHERE COUNCIL IS TALKING ABOUT IT, BUT -- PAYING MILLIONS OF DOLLARS FOR CERTAIN AREAS OF MAINTENANCE FOR PRIVATE PROPERTY OWNERS IS A VERY DIFFICULT POLICY QUESTION. YOU CAN DO IT. YOU HAVE THE AUTHORITY, AND YOU CAN DO IT, BUT AGAIN, EVEN STILL, THERE'S SOME REALLY DIFFICULT THINGS WE HAVE TO DO. THE OTHER THING I DIDN'T REALLY TOUCH ON IS, LET'S SAY WE WERE TO GO BACK TO AN ENFORCEMENT MODEL. LET'S SAY PRIVATE PROPERTY OWNER. IT IS YOUR FENCE. YOUR USE AND ENJOYMENT OF THAT FENCE -- YOU CAN MAINTAIN IT OR YOU CAN REMOVE IT. I DON'T THINK WE HAVE EVER EXPLORED THAT. I THESE FENCES -- AGAIN, I'M GOING TO CATCH THIS. UNLESS YOUR PRIVATE COVENANTS REQUIRE YOU TO HAVE THIS TYPICALLY, THEY REQUIRE YOU TO MAINTAIN IT. THAT IS CIVIL. IT IS PRIVATE. ARE YOUR OF THOSE TWO THINGS -- AND ONLY ONE LIGHT FOR THE CITY OBLIGATION TO ENFORCE. YOU CAN REMOVE THE FENCE. ANOTHER THING THAT'S BEEN DONE -- THE DEVELOPMENT RAKES REQUIRE MASONRY FENCES. WE HAVE MANY EXAMPLES WHERE PEOPLE HAVE CHOSEN TO PREPARE THE FENCE ON THEIR OWN. THAT'S PERMITTED.
THIS CONVERSATION AROSE BECAUSE THERE IS THIS QUESTION OF BEAUTIFICATION ACROSS OUR SCENIC ENTRY CORRIDORS. SHORT OF THE CITY IN MY OPINION, MAKING SURE WE HAVE EASEMENTS ACROSS PRIVATE PROPERTY AND SPENDING MILLIONS OF DOLLARS, IT IS GOING TO BE VERY DIFFICULT FOR YOU TO TRULY HAVE UNIFORMITY ACROSS THE SCREEN WALLS, ACROSS MILES AND MILES OF ROADWAY. SO THEN THE QUESTION BECOMES, WHAT CAN YOU DO TO MINIMIZE IMPACT ON A RESIDENT YOU COULD ALLOW TO REMOVE THE WALL? THAT'S A CHOICE YOU HAVE. IT IS ALREADY LEGAL. THEY DON'T HAVE TO HAVE THE WALL. THE DEVELOPER HAD TO INSTALL THE WALL TO DEVELOP IT, BUT THEY WERE DOING IT FOR THE PRODUCTION OF THE RESIDENT, TO SCREEN, TO SEPARATE THAT USES, BUT THE RESIDENT CAN DESIGN -- DECIDE ON THEIR OWN AND IT HAPPENS ALL THE TIME, I DON'T WANT THE FENCE. I DON'T WANT F1 THE A DIFFERENT MATERIAL. THERE ARE OPTIONS. THAT IS THE END OF THAT PRESENTATION. THERE'S A LOT. WE CAN GO BACK. NOW, WE ARE SEEKING IS YOUR DIRECTION. DO YOU WANT TO -- US TO FOLLOW THE ORDINANCES AND CONTINUE TO NOT PLACE THE FINANCIAL AND OPERATIONAL BURDEN ON THE CITY TO GO OUT AND MAINTAIN PRIVATE PROPERTY, WE -- THAT IS A POLICY QUESTION. I'M HERE TO RECEIVE YOUR FEEDBACK. EXPECT LET'S START OFF WITH QUESTIONS ABOUT PRESENTATION. WHAT QUESTIONS DO YOU ALL HAVE FIRST?
>> HOW MANY OF THESE WALLS ARE IN?
>> I HAVE NO IDEA. I WOULD SUSPECT VERY FEW. AGAIN, MOST OF OUR QUARTERS ARE BRALETTE ROAD.
MILLER. SOME ARE IN DALROCK. YOU GET TO THE SOUTHERN PART OF DALROCK. THAT IS NOT A SCREEN WALL ISSUE THERE. NOT VERY MANY.
>> SO YOU MENTIONED THAT IF THE HOMEOWNER TAKES DOWN THE MASONRY
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WALL, THEY CAN REPLACE IT WITH NOTHING OR ANYTHING OR WHATEVER?>> WE DON'T BELIEVE THERE'S ANY REQUIREMENT THAT THE PROPERTY OWNER MAINTAIN THIS. SPEC THAT IS NOT WHAT I REMEMBER WHEN I WAS IN THAT BUSINESS. I HAD TO DO THAT. THEY HAD TO PUT IT BACK UP WITH LIKE MATERIAL. SPEC I'M NOT SURE WHAT
>> UNLESS IT IS THE PID REGULATIONS OR THEIR COVENANTS AND RESTRICTIONS -- THAT IS PRIVATE. I WOULD FOCUS ON THE PID GALATIANS. THAT IS WHAT I MENTIONED AS AN EXCEPTION.
UNLESS THE PID CREATIONS STIPULATE OTHERWISE.
] >> WE RECOMMENDED THE ORDINANCE THAT REVOLVED AROUND THE HEIGHT OF THE SIDE FENCES. THAT REQUIRES REPLACING IT WITH A LIKE FENCE.
>> THOSE WERE PID REGULATIONS. SO AGAIN,
>> CAN YOU JUST EXPLAIN WHAT A PID IS?
>> I'M SAYING PID. IT IS PDI. PLAN DEVELOPMENT REGULATIONS.
INAUDIBLE ] YOU CAN DO PIDS AS A FUNDING
REGULATIONS. >> PLAN DEVELOPMENT REGULATIONS.
PLAN DEVELOPMENT'S ARE DEVELOPED AND PROMULGATED BY THE DEVELOPER AT THE TIME.
HAVE DEALT WITH. THEY PROVIDE SPECIFIC DESIGN REGULATIONS FOR
THAT AREA. >> IT IS A ZONING TYPE.
>> IT HAS A CERTAIN FS SIZE. BUT THE PD --
>> ONE CAVEAT -- IF THE DEVELOPED RELATIONS ARE SOLID.
IT IS BASED ON WHERE THE ZONING RELATIONS GO.
>> I'M JUST STARTING HOAS RIGHT NOW.
>> THEY'RE TALKING ABOUT HOAS THAT HAVE GONE DEFINED. AS A CITY, ARE WE ABLE TO LEVY LIENS AGAINST AN ACTIVE OR INACTIVE
HOA TO FORCE THEM INTO IT. >> IT IS FACT SPECIFIC.
>> IT IS EASY. WILL THEY RESPOND IS A DIFFERENT QUESTION. CAN WE TAKE SOME ACTION AGAINST THEIR PROPERTY OWNER?
>> THAT WAS GOING TO BE MY SECOND IDEA. THIS IS OUTSIDE OF MY DEPTH HERE. IF YOU GET A SITUATION AS IT WERE THINKING ABOUT? IS IT A CO-OP PROCESS SIMILAR LIKE WE DO? THERE IS A PIECE TO THE HOMEOWNER SAYING, THEY'VE GOT TO DO THIS. BUT, YOU KNOW, I KNOW THE HOMEOWNER -- IF I HAD A BRICK WALL BEHIND ME AND SOMEONE DROVE THROUGH IT AND I HAD TO PAY FOR THE WHOLE THING, I WOULD BE PRETTY UPSET ABOUT IT, BUT UNDERSTANDING ALL THE LEGALITIES OF HOW THIS GETS ALL KNOTTED UP, IS THAT DOABLE?
DOES THAT EVEN MAKE SENSE? >> WORTH IS A QUESTION FOR YOU.
DOABLE, I THINK IT IS. THERE ARE SOME DISTINCTIONS. THE SIDEWALLS ARE GENERALLY REQUIRED. YOU ARE NOT REQUIRED IN PD REGULATIONS, YOU'RE NOT REQUIRED TO HAVE A SCREEN WALL. COULD YOU DO IT? I DON'T SEE ANY REASON WHY NOT.
>> A SECOND AGO, HE SAID THEY. WHO IS THEY? IF THERE IS NO HOA , WHO IS THE HOA? THERE IS NO WITH A. ARE YOU SENDING A NOTICE TO EVERY PROPERTY OWNER? ARE YOU SENDING A NOTICE JUST TO PEOPLE WHO HAVE THE UNDERSTAND WHO THEY IS. WE DON'T HAVE AN HOA.
>> I'M OUT OF MY DEPTH ON THIS BUT EVEN IF THE HOA IS NOT
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OPERATIONAL, DON'T THEY AND SOME OF YOUR EXAMPLES ACTUALLY HAVE PIECES OF PROPERTY THAT THEY ARE SUPPOSED TO BE, YOU KNOW, IN CHARGE OF? AND YOU GO IN AND>> UNLESS THEY HAVE DISSOLVED THE HOA -- IT STILL EXISTS --
>> IT HAS TO BE A LEGAL ENTITY SOMEWHERE.
>> THERE IS THE EXAMPLE WE HAVE ON THE SCREEN. IT'S STILL
THERE. IT DOESN'T -- >> RESEARCH TO FIGURE OUT WHO THE OFFICERS WERE. AND DELIVER IT TO
THEM. >> IT IS DIFFICULT AT TIMES TO TAKE CODE ENFORCEMENT ACTION ON THE TYPICAL SINGLE-FAMILY HOME AT TIMES. MAYBE THEY TRANSFERRED THE MORTGAGE TO A BANK OR SOMETHING. NOT ALL OF THEM ARE HOMEOWNER OWNED AND SMITH TRANSACTIONS. COULD PEOPLE ARE FRUSTRATED. THEY MAKE THEIR BEST EFFORT TO NOTICE. THEY HAVE TO BE ABLE TO DO THAT. THE NOTICING DISH I DON'T KNOW IF IT'S AS MUCH THE ISSUE. AS ENFORCEMENT.
WE CAN TAKE THE ENFORCEMENT ACTIONS. WHAT THEY RESULT IN IS MUCH LIKE ANY OTHER CODE ENFORCEMENT ACTION. SOMETIMES PEOPLE IGNORE THEM. AND YOU CAN GET TO COURT IF YOU CAN GET ENOUGH NOTICE AND DO THOSE THINGS. BUT WHAT IS THE ULTIMATE
RESULT? THE CITATION. >> CAN YOU PUT YOUR SLIDE WHERE YOU HAD MILLER DALROCK? THE WALL. VICTORIA, IS THAT A WALL
>> SOMEBODY'S BACKYARD RIGHT THERE.
>> IT IS A SCREEN WALL. THIS WAS A FENCE. THEY HAD TO MAINTAIN IT BECAUSE IT IS ON THE PROPERTY. THEY SHALL BE MAINTAINED AND REASONABLY PUMPED. GO CHECK IF IT IS LEANING TOO MUCH.
STRUCTURALLY SOUND. AND EACH STRUCTURE SHALL BE FREE OF DETERIORATION. IF THEY TORE DOWN THAT 10 FOOT SECTION THERE, IT'S NOT GOING TO BE THE SAME AS THE REST OF IT. CORRECT?
>> I'M NOT SURE I'M FOLLOWING .
>> THE SECTION IS FALLING APART RIGHT THERE. YOU TAKE THAT OUT.
THEY DON'T WANT THAT. IT IS FALLING APART. THEY PUT A WOOD FENCE RIGHT THERE. AND THE OTHER PART OF THE SPRING WHILE IS WOOD. THAT IS NOT THE SAME COMPATIBLE MATERIAL.
>> THEY CAN ARGUE THEY ARE ONLY CONCERNED ABOUT WHAT'S ON THEIR
PROPERTY. I'LL ARGUE. >> THAT IS WHAT WE ARE STILL
DECIDING. >> THE QUESTION GOES BACK TO DO
I HAVE TO HAVE A FENCE? >> I WAS DISAGREEING. THAT IT IS A FACT THAT THEY HAVE TO HAVE IT.
>> I DON'T KNOW HOW YOU CAN MAKE SOMEONE HOW TO HAVE A FENCE UNLESS YOU HAVE COVENANTS THAT WEIGH IN HERE. AND THEY DON'T HAVE AN HOA HERE. I DON'T KNOW IF THERE IS ANY INCIDENT WHERE
THEY MANDATE YOU HAVE A FENCE. >> THAT'S THE PROBLEM. NUMBER TWO. IT SHALL BE REPAIRED, REPLACED, OR REMOVED.
>> YOU CAN'T TAKE IT ALL THE WAY DOWN.
>> YOU CAN'T COME IN AND SPOT FIX IT.
>> WELL, THEIR FENCE IS JUST ON THEIR PROPERTY. THEIR SCREEN WALL IS JUST ON THEIR PROPERTY.
>> SO OUR ORDINANCE SAYS THE FENCE IS MAINTAINED REASONABLY, ET CETERA. EACH STRUCTURAL LEVEL OF THE FENCE SHALL BE MAINTAINED IN APPEARANCE WITH THE REMAINDER OF THE FENCE.
>> THEY WOULD SAY, WELL, I MOVED MY MASONRY FENCE TO A MASONRY
AND WOOD FENCE. >> MY SECTION THAT I WAS TRYING TO GIVE THE THING TO IS THAT TOTAL FOOT SECTION. THEY HAVE
MORE BRICK. >> IF THAT SECTION GETS REPLACED, THE REST OF THAT STRETCH IS ALL THAT RED BRICK PREFAB MASONRY STUFF THEY PUT IN.
>> THERE AGAIN IS YOUR CHALLENGE, THOUGH. RIGHT? YOU CAN'T MAKE ME REPAIR SOMETHING THAT'S NOT ON MY PROPERTY. IF YOU ALLOW ME -- IF I'M NOT PROHIBITED FROM PUTTING A WOOD FENCE BACK, JUST BECAUSE EVERYONE HAS MASONRY, YOU CAN'T MAKE ME HAVE -- NO LESS, THEY DON'T EVEN HAVE AN HOA SO THERE
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IS NO PD. >> THEY MAKE A LOT OF PEOPLE DO.
>> I UNDERSTAND, BUT WE ALSO PAID FOR THIS AND IT'S VERY CLEAR, THAT WAS CONTRARY TO THE CITY ORDINANCES.
>> DOES IT STOP AFTER APB OF TIME?
>> THE DEVELOPMENT CODE, THE RIGHT FIRST THING YOU SAID, 77-504 SAYS THE SCHEDULE IS REQUIRED FOR RESIDENTIAL DEVELOPMENT.
ADJACENT. >> SO, HERE WE GO. WE HAD THIS CONVERSATION. THE DEVELOPMENT REGULATIONS APPLY TO THE DEVELOPMENT OF THE LAND. TAKE THE TREES FOR EXAMPLE. AS A DEVELOPER, YOU HAVE TO PLANT TWO CANOPY TREES. CAN YOU CUT TREES DOWN? OF COURSE HE CAN. IT IS ABOUT THE SECTION. WHAT I WAS TRYING TO SAY IS THEY ARE REQUIRED AND THEY ARE REQUIRED FOR A REASON, TO SEPARATE USES TO PROTECT A RESIDENT OR A NEW PROPERTY OWNER FROM OF THE LAND. TO MAKE SURE I DEVELOPED THE LAND. I USE INAUDIBLE ] AND ALL THAT GOOD STUFF. ONCE I DEVELOP IT, SHORT OF YOU VIOLATING A LAW AND EXISTENCE, YOU CAN DO WITH YOUR PROPERTY WHAT YOU WILL. AGAIN, THE CAVEAT IS YOU CAN'T VIOLATE SOME OTHER REGULATION OR CREATE LOTS OF ISSUES.
>> SO WOULD WE NEED TO REVISE OR CORRECT THE ORDINANCE TO ALLOW OTHER MATERIALS? OTHER THAN MASONRY.
>> WE HAVE ALLOWED IT FOR YEARS. >> MATERIALS. EXPECT HERE'S MY PROBLEM. I WISH WE HAD A SOLUTION TO THIS BECAUSE SOME OF THESE PLACES ARE I'M REAL CONCERNED ABOUT TAKING PUBLIC FUNDS AND USING IT ON PRIVATE PROPERTY. I DON'T KNOW WHERE THE END OF THAT NEEDS.
>> IT SOUNDS TO ME -- THERE IS NO MECHANISM TO MAINTAIN
CONSISTENCY OF THE WALL. >> YOU ARE CORRECT. YOU ARE
CORRECT. >> THERE ARE MECHANISMS. THANK YOU AGAIN. TAX -- PD REGS MAY SESAME DIFFERENT. THE DEVELOPMENT RELATIONS ONLY APPLY TO DEVELOPERS.
>> MECHANISM BY WHICH YOU COULD DO THAT. UNLESS YOU LET ONLY ONE TYPE OF FENCING FROM TODAY ON. YOU WOULD HAVE THOSE THAT MAY
>> I DON'T KNOW. IT WOULD BE UNUSUAL FOR IT TO BE A PD.
>> IT IS POSSIBLE. IT SEEMS UNLIKELY.
>> A LOT OF LAND ON THE PENINSULA IS DEVELOPED.
>> THIS PARTICULAR HOUSE BECAUSE THIS IS THE MOST OBVIOUS ONES -- IT LOOKS TO ME LIKE THE PROPERTY OWNER'S PROPERTY LINE EXTENDS TO THE CORNER. TO THE FAR CORNER.
>> IT DOES. >> WHAT IS -- WHAT IS STOPPING THEM FROM DEVELOPING THAT ONLY TO THE CORNER?
>> MAYBE PD REGS, BUT OTHER THAN THAT, NOTHING.
>> THOSE THINGS. >> ON THAT CORNER. YES.
>> I CAN SEE THAT IF THEY ARE LOOKING.
>> THEY CAN PUT A WROUGHT IRON FENCE WHERE SITE VISIBILITY ISN'T AN ISSUE POTENTIALLY. BUT WHAT ARE WE SOLVING FOR? THERE ARE SO MANY ISSUES THAT I DON'T KNOW IF WE CAN SELL THEM.
>> SO LET'S TALK ABOUT, FROM -- IGNORING THAT HOUSE -- DOWN TO WHERE IT ENDS, YOU HAVE A WALL BETWEEN THE ALLEY AND DALROCK.
WHO IS RESPONSIBLE FOR THAT PARTICULAR SCREENING?
>> I BELIEVE -- AND I THINK WE HAVE AN EXAMPLE. WHERE IS IT? GO
BACK. >> HERE IS AN EXAMPLE. THERE IS THE PROPERTY OWNER, USUALLY. AGAIN, SOME OF THESE -- THERE ARE A FEW SO I DON'T WANT TO TRY TO GIVE YOU ANY ANSWER FOR EVERY EXAMPLE. WE HAVE CONVERSATIONS ABOUT WHERE THE ALLEY SEPARATES AND THE PROPERTY LINE EXTENDS BUT THERE'S ALSO -- YOUR ORDINANCE SAYS, UP TO THE EDGE OF THE CURB. SO GENERALLY BASED ON THE ORDINANCE -- AGAIN, I'M GENERALIZING -- THE ADJACENT PROPERTY OWNER HAS THE MAINTENANCE OBLIGATION.
GENERALLY. >> ACROSS THE ALLEY.
>> ACROSS THE ALLEY. WE LOOKED AT IT A COUPLE OF TIMES.
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GENERALLY, BASED ON THE ORDINANCES, THE PROPERTY OWNER.AND IT'S THE CITY, YOU CAN GO TAKE IT DOWN. YOU CAN SPEND 1 MILLION FIXING IT. THAT SCREEN WALL IN THEORY IT WOULD'VE BEEN PUT BY A DEVELOPER. GENERALLY. BECAUSE YOU REQUIRED SEPARATION OF THOSE USES. IT DOESN'T MEAN IT HAS TO REMAIN. AGAIN, UNLESS THE PD REGS SAYS OTHERWISE. EXPECT THAT'S NOT WHAT I'M SEEING ON THIS MAP. LOOKING AT THE A LOOK -- WHAT ARE THE PROPERTY LINES ON THIS MAP? THE YELLOW LINE? OR THE --
>> RIGHT ABOVE, TO THE NORTH. >> RIGHT. THE YELLOW LINE IS THE PROPERTY LINE. THE HOUSE THAT IS FURTHER SOUTH THAT YOU CAN ONLY SEE HALF OF. THE YELLOW LINE CUTS OFF BEFORE THE ALLY.
>> -- ALLEY. >> TO THE RIGHT IS THE SAME PROPERTY. THE PROPERTY LINE EXTENDS OUT. BUT GENERALLY, THE STATE LAW SAYS THE ABUTTING PROPERTY OWNER --
-- TO THE MIDDLE OF THE RICH. >> WHAT ARE WE CONCERNED ABOUT?
WHO OWNS THAT PARCEL? >> I'M TRYING TO ESTABLISH THAT THE PROPERTY OWNER AT 4000 WHATEVER IT IS 4800 DOWN TO THE
HOUSE THAT IS HAD CUT OFF. >> UNDER THE REGULATIONS, THERE APPEARS TO BE NO QUESTION OF THAT.
>> THE ALLEY OR RIGHT-OF-WAY FOR THE ALLEY. IF ALL OF THOSE ARE REMOVED, STATE LAW SAYS THE PROPERTY OWNERS GO TO THE MIDDLE. CITIES A LOT OF TIMES WILL ABANDON RIGHT? WHEN YOU ABANDON IT, IT GOES INTO THE ABUTTING PROPERTY.
OF THE ALLEYS. >> BUT NOT ALL THE WAY ACROSS
INTO DALROCK IN THAT CASE. >> IS DALROCK THIS WAY?
>> YEAH. >> SO. THE SAME THING -- SO -- THE ALLEY WOULD BE DIVIDED THIS WAY. SO THEN THE PROPERTY OWNER TO THE NORTH AND TO THE SOUTH WOULD BOTH HAVE SOME MAINTENANCE OBLIGATION FOR THE FENCE THAT GOES IN FRONT OF THE ALLEY.
>> AND AGAIN, I WOULD SAY TO THE COUNCIL -- THEY'RE GOING TO BE EXAMPLES WHERE THE CITY HAS A MAINTENANCE OBLIGATION. BUT WE ARE HOPING TO GET IS SOME POLICY DIRECTION SO WE CAN GO BACK AND
DO MORE LEGWORK FOR YOU. >> SO WHAT I RUN INTO WITH THAT IS IN THAT PARTICULAR STRETCH, WHICH IS KLEE DRIVE -- KLEE DRIVE, FROM THE NORTH END, AND LAKE BEND TO THE SOUTH BEND AT CREAN'S POINT -- IS 20 HOUSES. ONLY FOUR OF WHICH THE SCREEN WALL APPEARS TO GO ON THE PROPERTY. THE REST OF IT IS MAINTAINED BETWEEN THE ALLEY AND DALROCK AND THAT IS THE MAJORITY OF HOMES ON THAT STREET. SO I GUESS MY POINT THERE IS IF THE CITY IS RESPONSIBLE FOR MAINTAINING 90% OF THAT SCREENING ROLE, WE DON'T THINK WE ARE?
>> HOW DID YOU ARRIVE TO THAT CONCLUSION? I'M NOT BEING FUNNY. PLEASE KNOW THAT. THE ORDINANCE IS VERY CLEAR. THAT
MAYBE WE SHOULD PUT -- >> I WOULD APPRECIATE A MAP THAT SHOWS THE PROPERTY LINE EXTENDS.
>> FROM THE PROPERTY LINE OR TWO -- TO THE SCREEN.
>> BEHIND THEIR PROPERTY, ACROSS THE STREET WHICH IS THE ALLEY
INTO ANOTHER STREET? >> YES. LIKE THE CREW -- CLEAR PROPERTY LINE IS HERE. THEY ARE STILL RESPONSIBLE FOR
MAINTENANCE THERE. >> JUST LIKE THEY CROSSED THE SIDEWALK.
RIGHT-OF-WAY. YOU HAVE TO MAINTAIN IT. THE RIGHT-OF-WAY IS
THE RIGHT-OF-WAY. >> THERE IS THE FENCE BEHIND THE HOUSE. THERE'S STRAWBERRY GRASS THERE. THERE IS THE ALLEY. THERE IS THE SCREENING WALL. THERE'S A LITTLE STRIP OF GRASS, AND THERE IS DALROCK. ARE YOU SAYING THAT -- WHO IS RESPONSIBLE FOR THAT PIECE OF GRASS BETWEEN DALROCK
[00:40:04]
AND THE SCREENING WALL? >> THE PROPERTY OWNER.
>> ARE YOU SAYING THOSE PEOPLE ALL TAKE THEIR LAWNMOWERS OUT
AROUND THE FENCE? >> I DON'T KNOW THAT THEY ARE DOING IT BUT THE PURPOSE OF THIS CONVERSATION WAS TO TELL YOU WHAT YOUR REGULATIONS SAY. I DON'T REALLY KNOW. THAT'S A QUESTION IF THEY'RE DOING IT. WE HAVE DONE A LOT OF THINGS IN THE CITY , WELL-INTENTIONED AS THEY WERE THAT ARE CONTRARY TO YOUR ESTABLISHED REGULATIONS. THEY SHOULD BE AND MAYBE THEY
ARE. I COULDN'T ANSWER IT. >> OPPOSITE SIDE OF THE WALL TOWARDS DALROCK. I THINK THEY ARE NOT MEANING THAT. THEY MEAN THE INSIDE WALL TO IT IS 10 FEET BACK FROM THE PROPERTY LINE. YOU HAVE AN EASEMENT OR YOU HAVE AN DUTY -- SAY IT WAS GRASS.
IT IS 10 FEET FROM YOUR PROPERTY. IN THE REAR. YOU HAVE THE SIDEWALK. YOU ARE DOING THAT.
>> THE EXAMPLE DAVID JUST GAVE -- ALONG DALROCK, YOU ARE
RESPONSIBLE FOR THAT. >> YOU ARE RESPONSIBLE TO THE
SIDEWALK. >> OUR ORDINANCES ARE WELL
>> IT IS NOT UNUSUAL. >> WE PROBABLY PAID TO DO IT AND WE'VE DONE A LOT OF PARCELS THAT, PRIOR PRACTICE BEING WHAT IT IS, IT DOESN'T MEAN IT IS IN ACCORD WITH YOUR LAWS.
>> SOME CITIES DO HAVE PROGRAMS WHERE YOU CAN APPLY FOR 50% AID FOR YOUR SIDEWALK MAINTENANCE, ET CETERA. IN EVERY CITY, THIS IS HOW IT WOULD BE RESPONSIBLE FROM THE PROPERTY LINE TO THE STREET, OR TO THE CURB. THAT INCLUDES THE SIDEWALK.
>> IT WOULD BE MORE UNUSUAL THAT IT IS NOT. SOMETIMES TO THE BACK OF THE CURVE OR TO THE MIDDLE OF THE STREET.
>> TO THE EDGE OF THE STREET WHERE THERE IS NO CURB.
>> THAT IS BY COMMON LAW. >> ROWLETT IS NOT DALY CITY WITH THIS PROBLEM WITH RETAINING THE SCREENING WALLS.
INAUDIBLE ] . SO HAS ANYONE COME UP WITH A REASONABLE APPROACH TO IT THAT MAYBE WE WOULD WANT TO CONSIDER OPERATING WITH?
>> I ONLY SPARINGLY LOOKED INTO IT. THE DO PROMPT IS TRYING TO FIND OUT WHAT DIRECTION YOU WANT US TO GO IN. PART OF IT IS, ARE YOU WILLING TO PAY FOR THIS? BECAUSE IF YOU AREN'T -- THERE ISN'T A REAL LEGAL QUESTION. THERE MAY BE ANOMALIES THAT WE WILL FIND AS WE GET GRANULAR. BUT BIG PICTURE, THERE ISN'T MUCH LEGAL QUESTION. IF I'M WRONG, LET ME KNOW. WE HAVE TALKED AND ANALYZED IT. HOW TO SOLVE IT, THE SOLUTION IS, YOU ALLOW US TO GOD AND ENFORCE IT. YOU GET PAID MILLIONS OF DOLLARS. THERE ARE OPTIONS. I THINK CITIES ARE PROBABLY DOING SOMETHING AND EVERYTHING IN BETWEEN. YEARS AGO, TRYING TO HELP NEIGHBORHOODS FORM A PID. THAT IS WHY I HAD PID ON THE BRAIN. THAT IS WHY YOU FORM A PID GOT FOR A HIGHER FORM OF MAINTENANCE AND ELSEWHERE. BUT YOU PAY FOR THAT.
>> IT GOES WITHIN THE TACTILE BOUNDARIES.
>> IF THAT WAS SOMETHING HE WENT DOWN, WHAT WOULD -- WHAT PART OF THE NEIGHBORHOOD WOULD BE IN THE PID?
>> I DON'T KNOW IF WE CAN FORCE ANYONE. I SET ENCOURAGE. BECAUSE THE PROPERTY OWNERS HAVE TO AGREE TO IT.
>> YOU HAVE TO GO TO THE DEVELOPMENT AND SAY, YOU REQUIRE THIS. AND IT IS A DEMOCRATIC VOTE.
>> THEY HAVE TO SIGN A PETITION, BASICALLY.
>> 60%. >> THE TROUBLE I HAVE -- 'S WE HAVE OUR REGULATIONS. WE HAVE OUR ORDINANCES. THEY ARE OBVIOUSLY VERY CLEAR. THEY ARE NOT SOME ESOTERIC LAWS. THEY ARE PRETTY STANDARD. I THINK AS A COUNCIL, PROBABLY AS A CITY, WE HAVE AN OBJECTIVE TO BEAUTIFY THIS CITY. I'M JUST GOING TO SAY THAT. I THINK EVERYBODY THAT AGREES WITH THAT THINKS THAT WE
[00:45:07]
NEED TO BEAUTIFY THE CITY. WHATEVER THAT MEANS. THAT IS THE OBJECTIVE. WE HAVE THIS AREA IN BETWEEN. HOW DO WE GET TO HEAR FROM HERE? IF YOU TELL ME THAT'S WHAT YOU WANT TO DO, I WILL FIGURE IT OUT BUT RIGHT NOW, YOU WANT TO SPEND MILLIONS OF DOLLARS ON PUBLICIT. >> FOR NOW I CAN'T ANSWER THOSE
>> I UNDERSTAND THE ARGUMENT AND YOU ARE RIGHT. IT MAKES SENSE, BUT IT STILL DOESN'T REACH BUT I CONSIDERED TO BE THE
OBJECTIVE. >> WHILE, EVEN WHEN YOU THROW ALL THIS MONEY AT IT, WHICH IS MAYBE WHAT WE'LL DECIDE TO DO.
IT DOESN'T CHANGE THE FACT THAT THIS IS PRIVATE PROPERTY WHERE WE ARE PUTTING CITY MONEY INTO PRIVATE PROPERTY. WE START PRIORITIZING CORRIDORS. YOU KNOW. SO I SEE IT WITH ALL THESE PROBLEMS, BUT, AT THE END OF THE DAY, EVERYBODY STILL WANTS THE
CITY TO LOOK BETTER. >> SO AT THE RISK OF BEING A VILLAIN, IT HAD A DISCUSSION MONTHS GO THAT WAS RELATED TO THE BEAUTIFICATION OF THE CITY. AND MOST OF YOU WERE AGAINST THE IDEA OF RAISING THE RATES A COUPLE OF DOLLARS BECAUSE YOU EXPRESSED, AND I'M PARAPHRASING, OF COURSE, THAT YOU DIDN'T THINK IT WAS RIGHT TO HAVE PEOPLE WHO DIDN'T GET ANY USE OF THOSE PICK UP PAYING AN EXTRA TWO DOLLARS PER MONTH.
BELIEVE YOU ME. THIS IS GOING TO BE MORE THAN TWO DOLLARS AND YOU HAVE THE DISTINCTION BEING I MAY NOT PUT A BUNCH OF BUT I HAVE THE OPTION TO. EVEN IF YOU WERE USING GENERAL CITY, YOU ARE SPREADING ACROSS THE CITY. I HAD THE OPTION AVAILABLE TO ME. NOW, IF YOU DECIDE -- AND IT IS YOUR CHOICE IF YOU CHOOSE TO SPEND PUBLIC FUNDS ON BEAUTIFYING THE QUARTERS -- THERE'S ONLY A SELECT GROUP OF RESIDENTS THAT ARE BENEFICIARIES OF THAT. I'M ONLY POINTING IT OUT.
>> THERE ARE ONLY A SELECT AMOUNT OF PEOPLE THAT ARE BENEFICIARIES. HOWEVER, THERE ARE BENEFICIARIES OF EVERY CAR THAT DRIVES BY THAT IS NOT LIKE LOOKING AT A MESS.
>> YOU COULD ARGUE. YOU COULD MAKE THE SAME ARGUMENT WHEN THEY HAD HEAPS OF TRASH OUT THERE -- OF THE SAME ARGUMENTS I MAKING -- AND IT'S YOUR DECISION TO MAKE.
>> I LIKE THE IDEA PERSONALLY. BECAUSE IF YOU GO OUT AND I THINK THE PERCEPTION IS, IT IS CITY PROPERTY. YOU'RE NOT GOING TO ASSUME THE CITY IS EDUCATED ON THIS. TO ME, IT SEEMS LIKE YOU MAKE AN ASSESSMENT AND SAY, DO YOU WANT THIS? IN YOUR NEIGHBORHOOD. YOU CAN CHOOSE TO DO THIS OR PROPERTY OWNER, YOU CAN DO IT YOURSELF. WHATEVER. TO ME, THAT SEEMS LIKE THE BEST WAY TO SORT OF GET CAUSE I PUBLIC FUNDS IF THEY ARE CHOOSING THEMSELVES TO SPEND IT. I DON'T KNOW HOW DIFFICULT IT IS TO SET UP. IF THE NEIGHBOR DOESN'T WANT TO BECAUSE THEY ARE THE ONES THAT DRIVE BY, I'VE BEEN AROUND DECK FOR PLENTY AND I DON'T LIKE LOOKING AT IT. BUT THEY'RE LOOKING AT IT FROM THAT PROPERTY VALUES PROBABLY. OR THE WAY IT FEELS WHEN THE DRIVE HOME. THEY HAVE MUCH MORE DIRECT BENEFIT OF IT SO THEY CAN MAKE A 60% UP OR DOWN AND SAY, YEAH. I'M WILLING TO PITCH IN WHATEVER THAT COST IS. OR NOT AND LEAVE IT UP TO THEM.
>> I JUST FEEL LIKE, FROM SOME OF THE EMAILS I'VE GOTTEN, AND I'M NOT DISAGREEING WITH YOU AT ALL. THE ISSUE IS HOW TO COLLECT THE FUNDS. WHO IS GOING TO MAINTAIN THE BANK ACCOUNT AND
THAT KIND OF PROCEDURAL ISSUE. >> WE HAVE PIDS IN THE CITY.
>> THAT WAS ALWAYS THE ISSUE. HOW DO WE -- WHAT IS THE MECHANISM TO DO THIS? BECAUSE IT IS DOABLE. I MEAN, THERE'S 100 HOUSES. IT DEPENDS ON HOW MUCH IT IS TO REPAIR IT. IT IS A QUESTION OF HOW DO YOU -- WHO DO I WRITE MY CHECK TO?
>> THE SS ARE. THEY ARE PLACED ON YOUR LEVY. THAT IS WHAT MAKES
PIDS MORE EFFECTIVE THAN HOAS? >> MY GUESS IS -- I DON'T KNOW
[00:50:04]
WHAT WE ARE TAKING A VOTE FOR. I REALLY DON'T. I THINK THE VAST MAJORITY OF PEOPLE ON THIS TO THE CITY. I'M NOT SAYING IT'S RIGHT. THEY ASSUME THAT ASA CITY RESPONSIBILITY. >> WELL, IN FACT, THE CITY HAS
REPAIRED THAT LAW. >> BUT I AGREE WITH YOU -- BUT AT THE SAME TIME, THEY ARE STILL PAYING FOR IT. SO, YOU KNOW WHAT
I MEAN? >> THE ONE GOOD THING ABOUT THAT -- IF YOU HAVE THE OPTION OF WITH THIS HODGEPODGE OF FENCES -- EFFORT SO MANY TIMES THAT PEOPLE HATE THE INCONSISTENT FENCING. THE FENCES DON'T MATCH. THERE ARE DIFFERENT HEIGHTS. ALL THIS STUFF. THAT IS WHAT YOU'RE GOING TO END UP WITH FURTHER DOWN. IF PARTS OF IT START FEELING AND GOING AWAY, YOU'RE GOING TO END UP WITH A WOODEN FENCE NEXT TO -- A PID WOULD SOLVE THAT, BUT IT REQUIRES THE RESIDENTS IN THAT AREA OR NEIGHBORHOOD TO
CONTRIBUTE TO IT. >> RIGHT. AND THAT WILL FILL UP THEIR NEIGHBORHOOD WHEN THEY ARE DRIVING HOME. THEY MAKE THAT
DECISION. >> SO, AT SOME POINT, 2016 COUNTY DOESN'T 17, 2018, THE CITY MADE A DECISION FOR A SCREEN WALL NORTH OF WHERE THIS IS ON THE EAST SIDE OF DALROCK TO CHANGE IT TO A SCREENING WALL AND THEY ADDED SOME TREES AND BUSHES AND THINGS LIKE THAT. IT WAS NOT MAINTAINED WELL BECAUSE THERE ARE DEAD SPOTS BUT THERE ARE TREES AND BUSHES THAT ARE IN EXISTENCE THERE. DO WE KNOW HOW THAT DECISION WAS COME ABOUT?
>> I WOULDN'T BEGIN TO FATHOM HOW WE MADE A DECISION TO
VIOLATE THE RULES OF LAW. >> I MEAN, IS THAT AN OPTION? I WOULD ASSUME THAT WOULD BE AN OPTION FOR A RESIDENT, TO GO TO
A LIVE SCREENING WALL. >> I WOULD IMAGINE IT SHOULD BE.
IT IS NOT AGAINST PD REGS OR COVENANTS.
>> YOU CAN ASK ABOUT THE ZONING. >> AND AGAIN -- I DON'T -- YOU KNOW, WE CAN BE HERE ALL NIGHT. AND I'M HERE FOR YOU. BUT THERE ARE SO MANY -- WE TALKED ABOUT THIS. IT IS VERY FACT SPECIFIC BUT THERE ARE LARGER CONCEPTS THAT IF HE POINT ME TOWARDS -- I WOULD BE HAPPY TO DO RESEARCH AND COME BACK TO YOU IF YOU JUST GIVE ME DIRECTION, BUT MOST THINGS ARE PROBABLY POSSIBLE IN SOME WAY OR ANOTHER, IF THAT'S WHAT YOU WANT TO DO.
>> ORDINANCE WISE, THEORETICALLY, CAN WE REGULATE OUR
MIGHT HAVE A BRICK WALL HERE. >> SURE. THEIR ARMS CITIES THAT ONLY REQUIRE -- THAT ONLY ALLOW YOU TO DO CEDAR FENCING. EVERY FENCE, EVERY WALL SHALL ONLY BE LIKE THIS.
>> SO FAR, IT WILL, UNTIL THE LEGISLATURE DECIDES --
>> DOESN'T MEAN THAT THOSE THAT ARE ALREADY UP HAVE TO CHANGE.
YOU COULD. >> ANOTHER THING ABOUT THE CONSISTENCY -- AND I'M NOT PUSHING FOR THIS PROGRAM. I KNOW IT MIGHT SOUND LIKE I AM, BUT, WITH A PROGRAM, YOU KNOW, WHERE IF THERE IS AN URGENT NEED FOR REPAIR AND THE CITY IN THE COMMITTEE TO MAKE -- TAKE THE APPLICATION -- AND THE CITY AGREES TO GET 25% OR WHATEVER IT IS AND RESIDENT GIVES THE REST -- YOU COULD MAKE A CONDITION THAT IT HAS TO MATCH. IT HAS TO BE MADE OF THE SAME MATERIALS THAT ARE THERE.
>> YEAH. >> SURE. AND THERE'S A WHOLE FINANCIAL QUESTION. THE PROGRAM COULD BE A WAY TO REGULATE IT.
>> THAT WOULD BE THE BEST POSSIBLE BECAUSE GIVEN THAT THAT
GREAT -- >> IT IS A GOAL OF THE PUBLIC
WORKS THE REMNANT HAS. >> THERE ARE GOING TO BE SOME OUT THERE THAT YOU CAN'T MATCH.
>> THAT DOESN'T REALLY SOLVE THE PROBLEM OF BEAUTIFYING THE CITY IS THAT LEAVES IT UP TO THE INDIVIDUAL PROPERTY OWNER. THEY CAN TEAR DOWN OR MAKE IT LOOK GOOD. WE HAVE THIS PROGRAM.
>> YOU ARE NOT OBLIGATED TO UTILIZE THE PROGRAM. YOU CAN PUT
UP THE FENCE AND TEAR IT DOWN. >> OR DO NOTHING FOR A LONG
TIME. JUST DO NOTHING. >> THE PROGRAM IS GENERALLY FUNDED WITH
YOU CAN FIND. >> WE ALREADY KNEW THAT WITH THE
SIDEWALK. >> AGAIN, I THINK THE PID MAKES
[00:55:01]
MORE SENSE. I THINK PART OF THAT IS EDUCATING THE PUBLIC. SIGNING AGAINST -- TO ME, THAT IS THE BIGGEST PIECE IS PEOPLE NOT UNDERSTANDING THAT IT IS THEIR PROPERTY AND THAT THEY ARE RESPONSIBLE, AND, AGAIN, IT GOES BACK TO THE REGULATION. THEY CAN SELF-DETERMINED. IF THEY WANT TO HAVE THE THEY'RE NOT HAVING YOU PAY FOR IT. THEY ARE NOT ON THE HOOK FOR IT. THAT'S IF IT WAS $4 MILLION ONE-TIME FOREVER FIX, THAT IS A DIFFERENT CONVERSATION THAN EVERY 10 YEARS WHEN YOU SPEND FIVE, 10, WHATEVER MILLION DOLLARS.>> THAT IS SOMETHING THAT WE WANT -- STRANGLEHOLD FUTURE COUNCILS WITH THAT. I DON'T THINK THAT IS THE RIGHT CHOICE.
>> HAVING SCREENING WALLS AS AN INDIVIDUAL ITEM THEN BROUGHT UP
ON A BOND? >> NOT AS AN INDIVIDUAL ITEM. WE HAVE INCLUDED IT IN PART OF -- I CAN'T REMEMBER IF IT WAS CO OR G.O.. WE HADN'T HAD THIS CONVERSATION.
>> CANNOT BE A GENERAL BOND UNDER THE MEDICATION? AND NOT BE
SPECIFIC? >> OR A BOND THAT GOES UP AT THE
NEXT ELECTION. >> YOU CAN BOND WHATEVER YOU WANT. I'M NOT BEING FUNNY. THE POLICY QUESTION IS, DO YOU WANT TO PAY YOUR MONEY TO GET THIS FIXED? THERE IS A PACKAGE OF
OPTIONS FOR YOU. >> THE CITIZENS CAN DECIDE IT.
>> IT IS THE SAME THING. THEY WOULD DECIDE IT.
>> IT IS AN INDIVIDUAL NEIGHBORHOOD VERSUS THE OVERALL
SITE. >> I THINK FROM AN ECONOMIC DEVELOPMENT POINT OF VIEW, RIGHT, THAT IS WHAT PEOPLE TELL
ME. >> WELL, NICE DEVELOPERS AREN'T GOING TO COME IN AND WANT TO DEVELOP, YOU KNOW, -- THEY COMMENT ON THE ROAD AND ALL THE FENCES ARE ALL DIFFERENT AND EVERYTHING IS LEANING AND IT LOOKS LIKE THINGS AREN'T TAKEN CARE OF. PEOPLE HAVE SAID THAT TO ME.
>> THERE WAS A TIME IN ROWLETT WHERE ALL THE POLLS WERE LEAVING IT.
HONESTLY, I'M NOT. I THINK IT'S A VERY DIFFICULT PROBLEM, I -- BUT I FEEL FOR THE PEOPLE WHO WERE ON THAT CORNER THAT WE'RE GOING TO COME UP AND WE'RE GOING TO SAY, OH, WELL, BY THE WAY, THAT'S YOUR PROPERTY, AND YOU DIDN'T -- DID YOU KNOW, YOU DIDN'T KNOW? BUT THAT'S GOING TO BE $10,000 TO FIX THAT CORNER.
>> WE NEED YOU TO MOVE OUT HERE AND --
>> SO -- -- IF -- SO, IF -- I THINK ONE THING, IF I COULD ASK, WOULD BE, CAN WE FIGURE OUT AND EX MRAN EXPLAIN, HOW IS THIS COMMUNITY ENGAGEMENT GOING TO WORK? WHO IS GOING TO GO, SAY -- WHO IS GOING TO SEND OUT THE FLYERS, WHO IS GOING TO DO ALL OF THAT? IS THAT UP TO THE NEIGHBORHOOD? IS THAT UP TO COMMUNITY ENGAGEMENT? HOW DOES THAT WORK?
>> SO, GENERALLY, WE WOULD ASSIST, IF YOU TELL ME THAT'S WHAT YOU WANT TO DO. AND IT'S -- CITIES HAVE DONE IT BEFORE WHERE THEY ASSIST THE NEIGHBORHOODS IN THE FORMATION AND ALL THOSE THINGS AND KIND OF HOLD THEIR HANDS THROUGH THE ENTIRE PROCESS.
AND EVEN PLAN WITH THE ADMINISTRATION OF THE FUNDS. IF THAT'S WHAT YOU TOLD ME YOU WANT TO DO.
>> THE FIRST STEP, YOU HAVE TO EDUCATE THEM, IT'S THEIR
RESPONSIBILITY. >> AGAIN, THAT WOULD ALL BE PART AND PARCEL, IF THAT'S WHAT -- IF THAT'S THE DIRECTION -- ANY DIRECTION YOU TELL ME YOU WANT TO GO IN, I CAN BRING YOU OPTIONS.
>> I MEAN -- AND YOU HAVE TO SHOW ME.
YOU'D HAVE TO PULL IT OUT, SAY, THIS IS THE SECTION THAT YOU HAVE TO ABIDE BY, THIS IS WHAT IT SAYS YOU HAVE TO DO, IT SHOWS YOUR PROPERTY AND YOU HAVE TO MAINTAIN IT. OTHERWISE, I'D BE SAYING, SAME AS EVERYBODY ELSE, NO WAY I'M GETTING MY LAWN MOWER OUT THERE AND DRAGGING IT OUT --
>> THAT'S AN ENFORCEMENT QUESTION.
WE CAN CITE THAT AND THEY GO TO COURT IF YOU DON'T WANT TO FOLLOW.
THAT'S -- PART OF IT IS NO DIFFERENT THAN HOW WE DO ENFORCEMENT ON ANY OTHER REGULATION.
PEOPLE DON'T ALWAYS THINK THAT THEY'RE GUILTY.
I WASN'T DOING 25 -- 26 IN A 25,
[01:00:01]
RIGHT? I MEAN, YOU CERTAINLY HAVE DEALT WITH THAT. IT'S NO DIFFERENT THAN THE ENFORCEMENT OF THE LAW IN ANY CAPACITY.SOME PEOPLE WON'T BELIEVE THAT THEY'RE GUILTY, IN QUOTES, OR THEY'RE OBLIGATED, AND THAT PROCESS WAS ESTABLISHED. WE ISSUE THE CITATION, OUR CODE COMPLIANCE OFFICER HAS THE INFORMATION AND NECESSARY REGULATIONS AT HAND, IF THEY HAVE TO GO TO COURT, THEY CAN MAKE THEIR CASE. BUT WE'RE NOT ADJUDICATING IN THE STREETS, THAT'S JUST NOT HOW IT WORKS. EDUCATING, ABSOLUTELY, BUT NOT ADJUDICATING EVERY SINGLE PROPERTY IN THE STREETS.
IF YOU WOULD DIRECT ME TO A PROGRAM AND WORK WITH ALL THE NEIGHBORHOODS, ABSOLUTELY, IT WOULD TAKE A LOT OF TIME, BUT WE WOULD DO IT, PUT IT IN OUR WORK PROGRAM AND START THAT EFFORT.
>> GARLAND DOES SOME OF THAT, ABSOLUTELY.
>> GRAND PRAIRIE HAS AN EXCELLENT PROGRAM THAT THEY DO.
A LOT OF CITIES THAT NOW DO THIS.
>> WHAT I LIKE ABOUT IT, TOO, IS THAT IT STRAIGHT UP EDUCATES AND INVOLVES THE HOMEOWNERS THAT ARE -- THEY MAY CHOOSE NOT TO, THEY MAY TELL YOU TO GO POUND SAND, BUT THE FACT IS, THEY'RE BEING EDUCATED ABOUT WHAT TO DO, WE'RE TRYING TO FIND A SOLUTION FOR THE CITY THAT'S FAIR TO EVERYBODY , THERE'S -- AND -- I WOULD GUESS WE TRY THIS, YOU KNOW, THIS BECOMES OUR WORKING MODEL, AND IF IT DOESN'T WORK, AND WE LOOK TWO YEARS DOWN THE ROAD AND IT'S JUST NOT WORKING, I MEAN -- AND YOU GO TO MAYBE OTHER TYPES OF SITUATIONS, BUT IT SEEMS LIKE A PRETTY COMMUNITY- FRIENDLY WAY TO APPROACH IT. YEAH.
MUCH MORE SO THAN JUST HAMMERING THEM AND SAYING, YOU GOT TO FIX YOUR FENCE.
>> THERE ARE CITIES -- AGAIN, THIS IS A WELL- ESTABLISHED PROCESS AND THING NOW.
>> BUT THE CAT ALYST FOR THAT CAN'T BE THE CITY.
THE CITY CAN'T START KNOCKING ON DOORS AND SAYING, HEY, WOULD YOU LIKE TO FORM THIS, WE WOULD LIKE YOU TO FIX YOUR WALL, BUT YOU'RE RESPONSIBLE. I DON'T UNDERSTAND -- WHERE IS THE CATALYST WITHIN THE PROCESS FOR THAT TO START? SOMEONE IN THAT NEIGHBORHOOD HAS TO --
>> NOT NECESSARILY. THAT'S A MATTER OF WHAT YOU DECIDE TO TELL ME TO DO. CITIES DO THAT.
IF YOU TELL ME THAT'S WHAT YOU WANT TO DO -- DOESN'T MEAN ANYBODY'S GOING TO SHOW UP TO THE MEETING, DOESN'T MEAN THEY'RE GOING TO RESPOND, DOESN'T MEAN THEY'RE GOING TO SIGN UP, BUT IF YOU DIRECT ME TO DO THAT, I'LL PROBABLY ASK YOU FOR A COMMUNITY ENGAGEMENT PERSON, BECAUSE THAT'S A FULL-TIME JOB FROM WHAT WE HAVE, BECAUSE PART OF WHAT I WOULD BE LOOKING TO DO -- SO, PART OF THIS IS ALSO LOOKING AT -- WE DIN NANCES THAT SAY, YOU'RE RESPONSIBLE.
SO, WE'RE GOING TO KIND OF PUT THAT IN THERE, THE REGS, AND ESTABLISH A PROGRAM TO WORK WITH THE COMMUNITY TO ESTABLISH P.I.D. S IF THEY CHOOSE TO.
WE CAN SET UP NEIGHBORHOOD MEETINGS, H.O.A. MEETINGS.
YOU CAN DO ALL THOSE THINGS. WE CAN DO THAT IF THAT'S WHAT YOU DECIDE TO TELL ME TO DO.
>> BUT THAT MEANS THAT SIGN'S GOING TO STAY, MR. NEWMAYER -- IT'S GOING TO STAY UP --
>> MA'AM, YOU'RE RIGHT ABOUT THAT.
I DON'T KNOW IF THERE'S A QUICK FIX. UNLESS YOU TELL ME TO DIVERT MILLIONS OF DOLLARS FROM YOUR GENERAL FUND RESERVES.
>> I WAS THINKING ABOUT YOUR IDEA, AND I'M NOT ENTIRELY OPPOSED TO THAT, BUT BY SAYING WE'RE OKAY BY DOING THAT, EVEN PUTTING THAT ON THE BALLOT WOULD SAY THAT OUR ORDINANCES -- SO, IF WE'RE GOING DOWN THATTED RADIO, BECAUSE, WE'RE GOING TO PUT IT TO THE VOTE OF THE CITIZENS, WE'RE EFFECTIVELY SAYING THE ORDINANCE NEEDS TO BE IGNORED.
>> I THINK YOU'RE RIGHT, AND AS I'M SITTING HERE, I'M THINKING, A LOT OF IT SOUNDS LIKE WE DO NEED TO REDO THE CODE, QUITE HONESTLY, BECAUSE A LOT OF THE -- I'M GETTING KIND OF OUT OF MY DEPTH, BUT I THINK IT IS, YOU KNOW, AND WE'VE SEEN THIS IN OTHER PARTS OF THE CITY, WHERE WE'VE GOT COLDS THAT DON'T COMPLETELY MATCH WHAT THE OBJECTIVES ARE THAT WE'RE TRYING TO -- THAT WE'RE TRYING TO GET TO. AND I -- I -- IF THEY'RE ABSOLUTELY ENFORCING EVERYTHING PERFECTLY, YEAH, THEY PROBABLY WOULD, BUT I JUST -- I DON'T KNOW, I THINK --
>> I DON'T THINK THE CODES ARE THE ISSUE.
THE ISSUE IS THE POLICY DIRECTION.
IF YOU HEAR US SAY IT DOESN'T MAKE SENSE -- THESE CODES ARE CLEAR AND THEY ARE CONSISTENT WITH REGIONAL CODE REGULATIONS.
THEY DO NOT, YOU ARE CORRECT SIR, MEET WHAT YOUR OBJECTIVE MAY BE, WHICH IS TO FIND A WAY
[01:05:02]
TO SOME WAY FIX THE PROBLEM FOR THE RESIDENT.THAT THEY DON'T DO, BECAUSE THEY'RE VERY CLEAR ABOUT WHOSE RESPONSIBILITY IT IS.
SO, THAT'S NOT THE DIRECTION, THIS IS POLICY.
I'M NOT ARGUING ONE WAY OR THE OTHER.
>> AND THIS IS A PRACTICAL MATTER TO THE MAYOR'S POINT, SO -- YOU -- PUT IT UP -- WE PUT IT ON A BOND, WE DON'T CHANGE --
>> YOU HAVE TO CHANGE THE ORDER NANS THEN.
>> THAT'S WHERE I GET A LITTLE --
DIRECTION. >> THE FIRST TIME YOU DO THAT, YOU'RE SETTING A TREND.
>> THE ENFORCEMENT OF THE CURRENT ORDER NANSS -- THAT'S WHY IT STILL WORKS.
>> BUT IF WE DIRECTED YOU TO GO OUT AND DO SOMETHING DIFFERENT IN VIOLATION OF THE -- OR CONTRARY TO THE CODE, WE'RE IN VIOLATION OF THE CODE, NO?
>> I DON'T JUDGE THE COUNCIL. SO, THAT'S -- I'M NOT BEING FUNNY. WOULD YOU BE DIRECTING ME TO VIE LATE YOUR REGULATIONS? YEAH, YOU WOULD.
>> SO, I'M HEARING SOME KIND OF CONSENSUS, I THINK, AROUND UTILIZING THE P.I.D. S, BUT THEY WOULD COME WITH THE CODE ENFORCEMENT ARM. CODE ENFORCEMENT WOULD GO ALONG WITH THAT. IS THAT YOUR UNDERSTANDING?
>> WELL, THE WAY I WOULD APPROACH IT FIRST WOULD BE -- THE P.I.D. IS THE EDUCATION AND COMMUNITY ENGAGEMENT FOR THOSE NEIGHBORHOODS. AND AS PART OF THAT, LET THEM KNOW WHAT THE ORDER NANS IS, SO -- DO YOU WANT TO UNDERSTOOD IF IT, DO YOU WANT TO TAKE IT DOWN, YOU KNOW, THIS IS KIND OF DO OR DIE, BECAUSE THE NEXT STEP NEXT IS ENFORCEMENT. SO, IF YOU -- VOTE NOW IN THE P.I.D. , THAT'S FINE, NOW YOU THOUGH WHAT THE RULES ARE, YOU KNOW YOU'RE LE. AND YOU CAN TAKE IT DOWN OR REPAIR IT YOURSELF.
>> SO -- TALK ME THROUGH WHAT THAT PROCESS LOOKS LIKE.
WHAT IS THE TIMELINE TO HAVE CONVERSATIONS WITH NEIGHBORHOODS AND --
>> I COULDN'T POSSIBLY GIVE YOU ANYTHING REAL, MAYOR, I HAVEN'T EXPLORED THAT.
I WAS WAITING ON THIS DIRECTION. I COULDN'T TELL YOU.
IT WOULD BE JUST OFF THE TOP OF MY HEAD.
WE WOULD HAVE TO GET THE POSITION APPROVED IN THE BUDGET, SO, I -- I'M HAPPY TO GO AND EXPLORE THAT AND COME BACK TO YOU. IF THAT'S WHAT YOU'D LIKE.
>> I THINK IT'S REASONABLE, CERTAINLY, IF I'M MISSING SOMETHING, YOU KNOW, DISAGREE AND TELL ME I'M WRONG, BUT I JUST THINK THAT'S THE MOST COMMON SENSE, PRACTICAL APPROACH TO SOLVE THE PROBLEM. AT LEAST THE FIRST STEP, AND THEN, IF THAT DOESN'T WORK AND YOU WANT TO BEAUTIFY THE CITY AND CHANGE THE ORDINANCE AND LET THE VOTERS VOTE ON IT ACROSS THE CITY, FIND.
BUT THIS SEEMS LIKE THE FIRST STEP, A REASONABLE STEP TO TAKE THAT DOESN'T PUT $10,000 ON 4814 WHATEVER AND KIND OF GETS THE WHOLE COMMUNITY -- YOU KNOW WHAT, WE DON'T REALLY CARE, BUT NOW THEY KNOW IT'S NOT UP TO THE CITY TO DO IT, AND THEN THEY CAN LEARN AND THEY CAN DEAL WITH IT AT THAT.
AND IT'S A LOT EASIER, I THINK, FOR NEIGHBORS TO TALK TO NEIGHBORS, SAY, HEY, LET'S FIX -- DON'T YOU WANT TO HAVE A NICE NEIGHBOR HOOD WHEN YOU PULL IN? THEY KNOW EACH OTHER, AND -- PRESUMABLY, AND THEY CAN --
>> MAYBE NOT, BUT TO ME, IT JUST SEEMS THE MOST REASONABLE FIRST STEP.
AND THEN, IF WE HAVE TO TAKE OTHER ACTIONS, GREAT.
I JUST DON'T THINK WE NEED TO KNEE JERK AND SAY, LET'S GO SPEND $10 MILLION TO FIX THEM
ALL. >> WELL, $150,000 FOR -- PER PERSON IS A WHOLE LOT CHEAPER THAN $4 MILLION TO PUT FENCE UP. I DON'T KNOW WHAT YOU ALL --
>> YOU GIVE ME A COUPLE PEOPLE, I'M GOOD WITH THAT, TOO.
>> OKAY. I'M IN CHARGE OF PERSONNEL.
>> WE CAN PROBABLY START THE CONVERSATIONS, IF THAT'S WHAT YOU WANT, BUT A FULL-FLEDGED CONSISTENT PROGRAM WOULD REQUIRE A BODY.
>> I WILL SAY THIS -- I WASN'T GOING TO SAY THIS, BECAUSE -- I'LL DO WHATEVER YOU TELL ME. THIS ISN'T NEW. SO, THE FIRST TIME I ENCOUNTERED P.I.D. S WAS 2006 WHEN I WAS DIRECTOR, AND THE REASON WE DID IS BECAUSE THIS AREA. THIS IS NOT NEW.
H.O.A. GOES BELLY UP, BASICALLY DORMANT. RESIDENT -- THIS IS NORTH TEXAS, GREEN WALLS START TO FAIL.
ALONG PLEASANT RUN, THOSE P.I.D. S ARE STILL IN EFFECT TODAY. THOSE ARE SOME OF THE FIRST P.I.D.S DONE IN THE AREA. PEOPLE LIKE GRAND PRAIRIE, GARLAND, HAVE REALLY ROBUST PROGRAMS. SO, WE DON'T HAVE TO REINVENT THE WHEEL.
SO, IT'S OUT THERE, I MEAN, I COULDN'T GIVE YOU ANY INFORMATION, BECAUSE I HAVEN'T REALLY LOOKED DOWN THISTH PA, BUT I KNOW IT'S OUT THERE, THE MODEL IS THERE.
THE INFORMATION IS THERE. WE LOOKED INTO IT A LITTLE BIT, BUT NOT ENOUGH TO GIVE YOU HOW LONG AND -- BECAUSE THEN WE'D HAVE TO SURVEY THE NEIGHBORHOODS, TRY TO RANK THEM IN TERMS OF CONDITIONS, AND SO, THERE'S WORK GOING INTO THAT THAT WE COULD DO AND MAYBE GIVE ME A MONTH OR SO, WE CAN COME BACK WITH MORE INFORMATION.
>> WAS THAT REASONABLY EMBRACED IN LANCASTER?
>> SOME NEIGHBORHOODS. THOSE P.I.D. S ARE STILL IN EFFECT. WE GOT TWO P.I.D. S ESTABLISHED.
AGAIN, LOOK AT GRAND PRAIRIE. THEY HAVE A ROBUST P.I.D.
[01:10:02]
PROGRAM. THEY ARE KIND OF A MODEL IN A LOT OF WAYS. JUST GOING TO DEPEND ON THE CHARACTER OF THE NEIGHBORHOOD.THE REASON THAT WAS PUT IN THE LEGISLATURE IS A HIGHER LEVEL OF AMENITIES. H.O.A.S WERE GOING BELLY UP, THE SAME CONVERSATION THAT WE'RE HAVING IS BEEN HAVING IN 20 YEARS IN TEXAS.
>> IT'S NOT LIKE A BOND, GETTING AN ANIMAL SHELTER THAT I MAY SEE OR DRIVE BY TWICE A YEAR.
THIS IS MY NEIGHBORHOOD. SO, WITH THE ASSESSMENT, IF THAT WENT INTO PLACE , IT GOES INTO THE PROPERTY TAX ASSESSMENT, SO, IT WOULD BE FUNDED IN JANUARY OR FEBRUARY OR --
>> LIKE CITY PROPERTY TAXES, AND I WOULD JUST THINK THAT -- I DON'T KNOW WHAT THE TURNAROUND IS ON DEPLOYING THE FUNDS TO ACTUALLY GET THE THING, BUT I THINK THAT WOULD BE PART OF THE CONVERSATION OF, HERE WOULD BE THE TARGET DATE OF WHEN THIS WALL WOULD BE -- IF YOU APPROVED IT, I DON'T KNOW IF THAT'S POSSIBLE --
>> SEEMS LIKE A LOT OF BUY- IN WITH THAT.
>> THERE ARE A LOT OF THINGS WE CAN DO WITH A P.E.I.D.
IF THAT'S WHAT YOU WANT, GIVE ME A MONTH.
LET THE STAFF GET PAST THE FOURTH OF JULY EVENT, AND WE CAN DO RESEARCH AND BRING BACK ALL OF THE THINGS THAT P.I.D. S CAN DO, HOW THEY WORK.
THERE'S A LOT OF THINGS. SOME P.I.D. S ARE BONDING CAPACITIES. THERE'S A LOT OF THINGS THAT YOU CAN DO.
IF THAT'S WHAT -- IF THAT'S THE DIRECTION YOU KIND OF GENERALLY WANT ME TO HEAD IN.
IF THAT DOESN'T MEET YOUR NEEDS, THEN YOU CAN PIVOT.
>> I'D LIKE TO SEE US DO, LIKE, A PILOT PROGRAM WITH THAT, WHERE WE TAKE A COUPLE NEIGHBORHOODS AND WE JUDGE THE TEMPERATURE SO WE'RE NOT DOING A WIDE SWATH OF NEIGHBORHOODS, JUST TO --
>> GOING TO BE A LITTLE SLOWER, BECAUSE I'M NOT GOING TO HAVE THE DEDICATED RESOURCE.
>> WELL, THAT'S WHAT I WAS PROPOSING WERE YOU PROPOSING TO HIRE SOMEONE? OR ADDING A MEMBER TO STAFF?
>> I'M GOING TO HAVE TO, IF YOU WANT A FULL-FLEDGED PROGRAM.
>> I'D BE FINE WITH PILOTING IT, BUT AT THE SAME TIME, IT DOES SEEM TO BE THE MOST REASONABLE APPROACH AND I DON'T KNOW , YOU KNOW, WE'RE HEARING ABOUT BEAUTIFICATION, WE GET EMAILS, PEOPLE TALK TO US, I PERSONALLY DON'T LIKE DRIVING PAST ALL THE CRACKED WALLS AND STUFF, SO -- I MEAN -- I'M FINE WITH IT. IF THIS IS THE APPROACH THAT THE REST OF THE COUNCIL DECIDES TO GO WITH, THAT'S PHONE. I THINK TO ME I WOULD PREFER TO SEE IT MOVE AS FAST AND AS WIDE AS POSSIBLE.
THAT'S NOT TO SAY IT WON'T FAIL, BUT SOMETIMES YOU HAVE TO TRY SOMETHING, IF IT DOESN'T WORK, THEN YOU HAVE TO CHANGE COURSE.
>> SO, THERE IS MONEY IN THE BUDGET RIGHT NOW FOR A SCREENING
THERE IS. >> SO, COULD WE LOOK AT THE WORST WALLS THAT THE VAST MAJORITY OF PEOPLE ARE COMPLAINING ABOUT, EXPEND THOSE FUNDS AS WE'RE MOVING FORWARD INTO THE P.I.D. PROJECT?
>> IF THAT'S WHAT YOU TELL ME YOU WANT TO DO, AGAIN, VIOLATING YOUR OWN RULES, I'LL DO WHATEVER YOU TELL ME. I'M NOT BEING FUNNY.
>> IF WE WERE GOING TO DO THAT, I WOULD PROPOSE THOSE DOLLARS ARE A COST SHARE WITH THE RESIDENTS. THE WALLS ARE STILL THE RESIDENTS' RESPONSIBILITY, BUT HEY, WE HAVE THIS COST SHARE PROGRAM TO BRING THINGS UP TO -- UP TO SPEED.
>> SO, AGAIN, I'M GOING TO STEP IN FROM AN ADMINISTRATIVE -- THAT PROGRAM DOESN'T EXIST TODAY, AND WE'RE STRUGGLING WITH THE SIDEWALK PROGRAM, AND WE BURDEN CODE WITH THAT, AND THANK GOD THEY'RE DOING IT, BUT -- IS I'M GOING TO GO HIRE SOME PEOPLE AND I'M JUST LETTING YOU KNOW. I WILL DO WHATEVER YOU TELL ME, BUT YOU'RE ALSO -- IF YOU GO REPAIR THESE WALLS, WHO IS CHOOSING THOSE WALLS, BECAUSE I'M NOT GOING TO CHOOSE THOSE WALLS, I'M GOING TO BRING IT
BACK TO YOU. >> I THINK WE KIND OF HAVE TO TRAU DRAW A HARD LINE AND SAY, THIS IS THE DIRECTION WE'RE GOING IN, AND JUST WAIT IT OUT AND LET THESE NEIGHBORHOODS DECIDE FOR THEMSELVES WHAT THEY'RE GOING TO DO.
JUST TO THAT POINT, I THINK IF WE START SPENDING IT -- THEN WE'RE SPENDING PUBLIC MONEY ON CERTAIN AREAS AND THERE'S OTHER AREAS THAT COULD USE IT, TOO.
>> YOU HAVE TWO NEIGHBORHOODS THAT DON'T NEED P.I.D. S NOW
BECAUSE -- >> RIGHT, SO -- I APPRECIATE THE HEART BEHIND IT. I DO, I JUST THINK IT'S -- I THINK IT'S JUST BETTER JUST TO STICK WITH ONE DIRECTION AND JUST STICK TO IT.
>> WE CAN'T FORCE ANYONE TO DO A P.I.D. NO, SIR.
>> SO, IF IT TURNS OUT THAT THAT WALL JUST TURNS INTO A REGULAR FENCE WALL THAT -- A WOOD WALL, THAT'S FINE?
[01:15:01]
>> BECAUSE IT DEPENDS ON WHAT WE'RE GOING TO HAVE.
IS THE NEIGHBORHOOD, YOU KNOW, IS THE HOMEOWNER, OR DOES IT HAVE A BUNCH OF, WHAT DO YOU CALL THEM, PROPERTIES THAT ARE --
>> COULD BE RENTALS, I WAS GOING TO SAY, INVESTMENT PROPERTIES, THEY RENT THEM OUT, WHATEVER.
MORE SO, THE PEOPLE THAT LIVE THERE HAVE GOING TO HAVE THE INPUT, AND THEY'RE GOING TO DO IT, BUT IF INVESTORS CAME IN AND BOUGHT MOST OF THE NEIGHBORHOOD, YOU MAY NOT HAVE A GOOD BUY-IN.
>> SO, IT SOUNDS LIKE THE DIRECTION IS GO THE P.I.D.
ROUTE AND TO DO IT ON A WIDE SCALE.
>> I'M GOING TO CREATE A POSITION, JUST SO YOU KNOW, I'M GOING TO FUND IT AND DO IT AS QUICKLY AS POSSIBLE. AND WE'LL TRY TO GET THIS MOVING AS QUICKLY AS POSSIBLE.
I'M GOING TO COME BACK AND GIVE YOU A WIDE VIEW OF HOW THIS WORKS, JUST SO YOU KNOW. BUT I'M GOING TO GET A POSITION FILLED AND GOING FROM THERE.
>> VICTORIA, AS PART OF THIS, I WOULD APPRECIATE IF YOU COULD JUST GIVE US A LITTLE BIT OF THE RESEARCH, OR, THE BACKGROUND BEHIND SOME OF THOSE OTHER PROPERTIES THAT WE LOOKED AT, NOT THE ONES WHERE IT'S VERY CLEARLY ON THE PROPERTY, BUT WHERE THERE'S A PROPERTY AND AN ALLEY AND THEN A SCREENING WALL, WHATEVER DOCUMENTATION OR CODE THAT SUPPORTS THE FACT THAT THOSE HOMEOWNERS ARE RESPONSIBLE FOR THAT WALL, BECAUSE I THINK THAT'S REALLY IMPORTANT FOR US TO UNDERSTAND.
>> DO YOU WANT US TO TAKE A SAMPLE -- WE CAN GIVE HER THE ADDRESSES.
>> OKAY. I MEAN, LAKE BEND IS A REALLY GOOD EXAMPLE OF THAT, BECAUSE IT HAS MOST OF THE HOMES ALONG CLAY DRIVE , THE 4700 BLOCK OF CLAY DRIVE, THE 4800 BLOCK OF CLAY DRIVE, BASICALLY ANY OF THOSE HOMES, EXCEPT THE ONE IMMEDIATELY ON THE --
>> WE'RE GOING TO TAKE A SAMPLE, BECAUSE THAT CONDITION EXISTS
ACROSS A STRETCH. >> I'M NOT UNDERSTANDING THE QUESTION EXACTLY, BECAUSE, I MEAN, OR ORDINANCE SAYS THAT HOMEOWNERS RESPONSIBLE -- FROM HIS PROPERTY LINE, TO THE CURB.
>> I'M UNCLEAR WHERE THE PROPERTY LINE ACTUALLY IS, I THINK, IS MY PROBLEM.
>> WELL, I MEAN -- YOU KNOW, LET'S ASSUME THAT THE PROPERTY LINE ISN'T -- ISN'T THE SAME THING AS THE CURB, ISN'T THE SAME THING AS THE STREET LINE RISHGTS? IF IT'S BACK HERE SOMEWHERE, HE'S STILL RESPONSIBLE FOR ALL OF THAT IN BETWEEN THERE, PLAIN LANGUAGE OF THE ORDINANCE.
>> MAYOR -- I THINK I KNOW WHAT YOU WANT, WHICH IS SOME KIND OF LEGAL ANALYSIS OF -- WE'LL PULL SOME SAMPLE MATERIALS TOGETHER --
>> THAT'S RIGHT. AND SEE IF THE ORDINANCE MEETS THAT --
>> WE'RE TALKING ABOUT EDUCATING PEOPLE, I WALK OUT TO ANYBODY IN THE CITY, SAY -- I THINK PEOPLE ARE GOING TO BE ALARMED AND SHOCKED.
>> I WOULD BE, TOO. >> WE'LL DO THE TEST.
>> AND I AGREE. I MEAN, LIKE I SAID, I'VE HAD THAT EXPERIENCE. AND -- BUT IT WAS OUTSIDE OF MY WOODEN FENCE, AND INSIDE A RETAINING WALL, SO, YES, I WAS -- I WAS SHOCKED THAT I HAD TO GO AND PAY MY LAWN GUY TO GET IN THERE AND MOW THAT AREA.
>> I THINK I KNOW WHAT YOU'RE LOOKING FOR.
>> AND THESE PEOPLE ARE PROBABLY MORE SHOCKED BECAUSE, YOU KNOW, HISTORICALLY, THE CITY HAS DONE SOME OF THIS, EVEN THOUGH IT VIOLATING THEIR ORDINANCES.
>> WHO IS MOWING THAT PROPERTY?
>> WE MIGHT BE. IN FACT, WE'VE DISCOVERED WE'RE MOWING A BUNCH OF PROPERTIES THAT WE SHOULD NOT BE MOWING.
WE WERE MOWING A PROPERTY ACROSS THE STREET -- WE MOW A LOT OF PROPERTIES, FUNNY ENOUGH, CONVERSATION TODAY, WHERE I WANTED TO JUST STOF AND STOP, AND THERE WILL BE PUSH- BACK IN THIS COMMUNITY, BECAUSE THERE ARE A LOT OF THINGS, THE CITY'S OBLIGATION THAT WE DO AND RESIDENT OBLIGATION THAT WE DO.
MOWING A LOT OF THESE PROPERTIES IS ONE SUCH THING.
SO, WE'RE TALKING ABOUT AN EDUCATION PROGRAM AND HOW TO LET PEOPLE KNOW THAT AT A CERTAIN DATE, YOU ARE RESPONSIBLE FOR YOUR PROPERTY.
BUT I SUSPECT WE'RE DOING IT AS OF TODAY.
>> BUT YOU'RE GOING TO SEND ME SOME --
>> I WILL. WE'LL SEND YOU SOME PACKETS OF
INFORMATION. >> NO, I KNOW THE CITY IS MOWING THAT -- OUTSIDE THAT SCREENING WALL.
>> WE SHOULD, BECAUSE WE'RE DOING IT.
>> IF THEY -- THEY MADE THE MEDIAN AND THEN THEY -- ON BOTH SIDES OF THAT.
>> WE MOW SOME CHURCH PROPERTIES, WE MOW A BUNCH OF STUFF.
>> WE ARE. I DON'T KNOW IF WE'RE LEGAL, BUT WE'RE NICE.
CLEAR ON DIRECTION? >> I BELIEVE SO.
>> OKAY. COUNCIL, ANY OTHER CONVERSATION ON THIS ITEM? THAT WOULD BE IT.
[5. DISCUSS CONSENT AGENDA ITEMS FOR JULY 1, 2025, CITY COUNCIL MEETING.]
EXCELLENT DESCRIPTION. ALL RIGHT.WITH THAT, WE'RE DONE WITH ITEM FOUR A, MOVE TO FIVE.
DO WE HAVE ANYTHING WE WANT TO PULL FOR VEJ INDIVIDUAL CONSIDERATION OR ANYTHING WE HAVE QUESTIONS ABOUT REAL QUICK? ALL RIGHT, SEEING NONE.
[01:20:03]
WE WILL GO