[ CITY OF BAYTOWN NOTICE OF MEETING CITY COUNCIL WORK SESSION THURSDAY, OCTOBER 27, 2022 5:30 P.M. COUNCIL CHAMBER, CITY HALL 2401 MARKET STREET, BAYTOWN, TEXAS 77520 AGENDA CALL TO ORDER AND ANNOUNCEMENT OF QUORUM ]
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SO, AND I'LL CALL THIS, UH, CITY COUNCIL WORK SESSION ORDER.
IT IS 5:35 PM UH, WE DO HAVE A QUORUM.
[a. Discuss Baytown Crossing Expansion Tract & MUD 213A Annexation with Friendswood Development Company.]
OUR FIRST ITEM, UH, FOR DISCUSSION IS DISCUSSED THE BAYTOWN CROSSING EXPANSION TRACK AND MUD TWO 13, A ANNEXATION WITH FRIENDSWOOD DEVELOPMENT COMPANY.I BELIEVE WE HAVE SOME REPRESENTATIVES FROM FRIENDSWOOD.
UM, ARE THEY GOING TO SPEAK FIRST? GOOD EVENING, MAYOR AND COUNCIL AND AND STAFF.
I APPRECIATE YOUR, UH, CONSIDERATION THIS EVENING.
UM, WE LAST VISITED WITH COUNCIL, UH, AS A GROUP TOGETHER IN MAY.
UM, IN LIGHT OF, UH, CURRENT DETERIORATING MARKING CONDITIONS, WE'VE SPENT THE LAST SEVERAL WEEKS, UH, REVISITING THOSE DISCUSSIONS, UM, WITH STAFF AS WELL AS SOME OTHER COUNCIL MEMBERS, UM, ADDRESSING ADDITIONAL CONCERNS OR, OR LINGERING CONCERNS FROM THE MAY VOTE.
UH, AND HERE TONIGHT TO DISCUSS, UM, DIRECTLY WHAT'S CHANGED SINCE MAY.
UM, A COUPLE OF THINGS WITHIN BOTH OUR PROPOSED SECOND AMENDMENT TO OUR DEVELOPMENT AGREEMENT, UM, BETWEEN DEVELOPER AND CITY.
AND ALSO THE PROPOSED RESOLUTION FOR CONSENT FOR ANNEXATION AGAIN, UH, FOR A 378 ACRE TRACK THAT WE WOULD LIKE TO ADD TO HARRIS COUNTY MUD TWO 13 A.
UM, JUST TO TOUCH BRIEFLY ON THE, ON THE MARKET CONDITIONS, 'CAUSE THEY'RE VASTLY DIFFERENT FROM WHAT THEY WERE IN MAY.
UM, INTEREST RATES HAVE DOUBLED.
INFLATION CONTINUES TO RISE, AND THE STRAIN ON AFFORDABILITY FOR NEW HOME BUYERS OR EXISTING HOME BUYERS HAS BECOME EVER MORE PREVALENT.
AND IT'S IN THESE TRYING TIMES THAT REALLY QUALITY OF LIFE STANDARDS RISE TO THE TOP.
AND, AND WHAT WE'VE SEEN OVER THE LAST 90 DAYS WITH SALES ACTIVITY IN BAYTOWN CROSSING SPECIFICALLY, IS THAT WE'VE DELIVERED A, A HIGH QUALITY OF LIFE TO THE MARKET.
HOME BUYERS ARE RECOGNIZING THAT, AND THE ACTIVITY IS FANTASTIC COMPARED TO OTHER POCKETS THROUGHOUT GREATER HOUSTON THAT WE OPERATE AND, AND QUITE HONESTLY AREN'T PERFORMING AS WELL.
UM, SO WE LOVE THE IDENTITY THAT WE'VE CREATED WITHIN BAYTOWN CROSSINGS, AND AGAIN, WOULD ASK, YOU KNOW, WITH THESE CHANGES THAT WE'VE INCORPORATED TONIGHT, THAT WE HAVE THE OPPORTUNITY TO EXPAND THAT AND CONTINUE CHANGING THE LANDSCAPE HERE IN YOUR ETJ.
THERE'S, UH, THOSE TWO DOCUMENTS.
UM, I'D LIKE TO START WITH JUST THE SECOND AMENDMENT TO THE, THE DEVELOPMENT AGREEMENT.
IF YOU TURN TO PAGE THREE OF THAT DOCUMENT, UM, ONE OF OUR MAIN FOCUSES WAS REALLY CURTAILING THE LIFE OF THE MUD AND FACILITATING THAT TRANSITION PERIOD UPON COMPLETION OF BUILD OUT, YOU KNOW, ANNEXATION INTO THE CITY.
UM, AND ONE SPECIFIC ADDITION HERE THAT WE'VE MADE IS THAT THE DEVELOPER AGREES THAT ANY REIMBURSEMENT AGREEMENT WE ENTER INTO WITH THE DISTRICT, UM, SHALL PROVIDE THAT THE DISTRICT'S OBLIGATION TO ISSUE BONDS EXPIRES ON DECEMBER 31ST, 2036.
OUR CURRENT SPA HAS A TERM FROM 20 18, 4 YEARS AGO AND IS ORIGINALLY APPROVED TO 2058.
SO THAT'S A SIGNIFICANT CURTAIL OF THE LIFE OF THIS MUD FROM A BOND ISSUANCE, UM, STANDPOINT.
UM, THAT'S IT FOR THE CHANGES TO THE DEVELOPMENT AGREEMENT.
I'LL ADDRESS ANY QUESTIONS THERE IF, IF YOU HAVE ANY, OR I'D MOVE ON TO THE, UM, SECOND DOCUMENT.
THE, THE NEXT DOCUMENT WOULD BE CHANGES MADE TO THE PROPOSED RESOLUTION FOR CONSENT FOR ANNEXATION INTO HARRIS COUNTY MUD TWO 13 A.
UM, THE FIRST CHANGE COMES ON PAGE TWO, SECTION ONE C.
AGAIN, IN THE INTEREST OF THE TOTAL LIFE OF A MUD DISTRICT, WE'VE INSTITUTED A CLAUSE THAT ANY BOND SOLD WOULD HAVE A FINAL MATURITY DATE OF NOT MORE THAN 25 YEARS.
SO THAT IS TO BOND IS SOLD, CAN'T HAVE A MATURITY FOR MORE THAN 25 YEARS.
IT, IT, IT CUTS THE TAIL OFF OF THE END OF THE OUTSTANDING DEBT FOR A UTILITY DISTRICT.
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TURN A COUPLE MORE PAGES TO WHAT WOULD BE SECTION 2K.UM, ANOTHER, UH, ADDITION IN RELATION TO BONDS THAT CAN BE ISSUED BY THE MUD DISTRICT.
UM, NO BONDS SHALL BE ISSUED FOR THE PURPOSE OF REPAIRING, REHABILITATING, MAINTAINING, OR REPLACING FACILITIES PREVIOUSLY FINANCED OR PURCHASED WITH BOND PROCEEDS WITHOUT CITY CONSENT.
UM, SO TRULY THE H YOU KNOW, HARRIS COUNTY TWO 13 A MUD BONDS IS TO REIMBURSE FOR THE INITIAL INFRASTRUCTURE.
UM, AND THAT IF THEY'RE, UM, DOWN THE ROAD, NO ADDITIONAL BONDS FOR REPAIRING OF THAT INFRASTRUCTURE WITHOUT, YOU KNOW, CITY COUNCIL'S, YOU KNOW, WRITTEN APPROVAL FOR THAT.
AND THE REASON WE'VE IMPLEMENTED THAT TOO IS AGAIN, TO ASSIST WITH THE TURNOVER FROM, OR THE ANNEXATION, VOLUNTARY ANNEXATION THAT WE'VE AGREED TO AS THE LANDOWNER OF THIS PROPERTY TO THE CITY.
UM, UPON COMPLETION OF BUILD OUT, UM, AGAIN, WE INTRODUCED THE, UM, EXPIRATION DATE OF DECEMBER 31ST, 2036 IN PARAGRAPH L.
AND THEN WE ALSO ADDRESS THE CONCERNS ABOUT ACTUAL RESIDENT PARTICIPATION IN THESE MUD BOARD, IN THE MUD BOARD, UM, THROUGH BEEFING UP THE COMMUNICATIONS THAT WE, YOU KNOW, WE PROMISED TO DELIVER THROUGH THE MUD, UM, TO EXISTING RESIDENTS.
UM, YOU KNOW, WE WOULD, WE WOULD AGREE IT, ANYTIME YOU BUY A PIECE OF PROPERTY WITHIN THE BOUNDARIES OF A MUD DISTRICT OR NOTIFIED OF THE MUD DISTRICT, WE WANT TO TAKE THAT A STEP FURTHER, NOTIFY EVERY, UH, PROPERTY OWNER THAT THEY ARE BUYING WITHIN A DISTRICT.
AND THAT DISTRICT HAS AGREED, YOU KNOW, THROUGH A STRATEGIC PARTNERSHIP AGREEMENT FOR VOLUNTARY ANNEXATION AT THE END OF THEIR TERM, UM, SO THAT IT, IT'S CLEAR TO ANY NEW HOME BUYER BUYING IN BAYTOWN CROSSINGS THAT THIS AGREEMENT EXISTS AND THAT THERE IS A PLAN FOR ANNEXATION BY THE CITY.
AND, AND FURTHERMORE, PARTICIPATION IN THE DISTRICT, UM, THE DISTRICT AGREES TO MAINTAIN INTERNET WEBSITE FOR ACCESS OF ALL RESIDENTS, UM, WITH SPECIFIC INFORMATION ABOUT NEW ELECTIONS, HOW TO RUN FOR THE BOARD, IF YOU'RE INTERESTED IN VOLUNTEERING AND PARTICIPATING IN THE OPERATIONS OF THE MUD DISTRICT.
UM, REALLY THE, UM, THAT CONCLUDES THE CHANGES, UM, AGAIN, WITH THE, THE DIRECT, UM, DESIRE TO ADDRESS THE LINGERING CONCERNS THAT WE HEARD IN MAY, UM, CURTAIL THE, THE LIFE OF THE MUD FACILITATE EASY TRANSITION THROUGH ANNEXATION UPON BUILD OUT OF BAYTOWN CROSSINGS.
AND I'M OPEN, UH, TO HEAR ANY QUESTIONS.
UM, NOT A QUESTION, BUT, UM, SMALL EDIT ON THE LAST PAGE OF THE SECOND DOCUMENT, THE RESOLUTION, UM, MR. SCOTT LEMON IS OUR CITY ATTORNEY, NOT INTERIM.
SO WE WILL BE SURE TO HAVE THAT FIXED.
YEAH, THEY, THEY, THEY CORRECTED ON ANOTHER, I MEAN, ON ON ONE, BUT, OKAY.
UM, THIS WILL BE A DRAFT AND, AND I HAVE A SECOND QUESTION, MA'AM.
UM, AGAIN, I'M STILL TRYING TO FAMILIARIZE MYSELF WITH MUNICIPAL BONDS.
AND SO BECAUSE YOU'RE DECREASING IT TO 2036 FROM 2058 IS THE, IS THE CURRENT TERM? YES.
HOW IS THAT DEBT PAID BY THE RESIDENTS? I MEAN, YOU'RE DECREASING IT BY ALMOST 20 YEARS, AND SO ARE THEY GONNA GET A HIGHER, UM, TAX RATE, UM, TO PAY THAT OFF WITH SUCH A SHORTER TIME? OR HOW ARE YOU GOING TO DO THAT? RIGHT.
SO THE TERM, THE TERM THAT WE'RE CHANGING IS, IS THE, THE DATE WITHIN WHICH THE BUD, THE MUD CAN SELL NEW BONDS MM-HMM
AND, AND ALSO THE MATURITY OF THOSE NEW BONDS BEING SET AT 25 YEARS.
SO THE, BASED ON THE INITIAL DOCUMENTS WITH PROPOSED HERE TODAY, WITHOUT ADDITIONAL WRITTEN CONSENT FROM THE CITY, THE LAST BOND COULD BE ISSUED DECEMBER 31ST, 2036.
AND THAT WOULD BE PAID OVER A 25 YEAR SCHEDULE USING REVENUES, TAX REVENUES COLLECTED WITHIN THE BOUNDARIES OF THE DISTRICT.
IS THERE ANY OTHER ADDITIONAL QUESTIONS? UH, YES SIR.
WHAT'S EXPLAINED IF THEY ISSUED A BOND IN 2036 WITH A 25-YEAR-OLD PAYOUT, THE OPPORTUNITY FOR THE CITY TO ANNEX THE PROPERTY WOULD BE AFTER 2060.
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SO THAT'S ALWAYS BEEN OUR ISSUE WITH MUD DISTRICTS IS THEIR PERPETUALLY DEBT RATIO IS SO HIGH WE CAN'T TOUCH 'EM.SO THEY PUT AN END TO, TO THE DEBT RATIO ISSUE, WHICH IS THEY'RE RESOLVING ONE OF OUR QUESTIONS.
BUT IF THEY WERE TO ISSUE A BOND WITH WITHIN A YEAR, THE DETERMINE THE LAST OPTION DATE, IT WOULD PUSH OUT THE ABILITY TO ANNEX THAT AREA TO 2060.
SO, BUT WE WOULD HAVE APPROVAL THOUGH, UM, FOR THEM TO ISSUE THAT.
SO IF IT'S A, IT'S A MAINTENANCE BOND YOU HAVE, AS LONG AS THEY MEET CERTAIN STATE MM-HMM
REQUIREMENTS, YOU DO NOT HAVE AN OPTION ON CONSENT.
SO, SO THEY COULD, BUT, BUT IT'S BETTER THAN, AND I'M, YOU KNOW, AGAIN, THAT'S A LONG TIME OUT.
THAT'S BETTER THAN THE PERPETUAL, RIGHT, YEAH.
REISSUING OF BONDS THAT MUD DISTRICTS TYPICALLY DO SO THAT THE END NEVER COMES MM-HMM
BUT, SO THEY HAVE KIND OF PUT AN END THAT THE, IF IF THEY DID, AND I'M NOT SAYING THEY WOULD, BUT IF THEY DID ISSUE A BOND AT THE LAST MINUTE, IT WOULD BE 2060 BEFORE WE WOULD BE ABLE TO ANNEX THEM.
SO, BUT IT, IT, AT LEAST IT'S AN END DATE.
UH, AND I ALSO LIKE TO STEP IN THERE 'CAUSE I DO THINK IT'S BETTER THAN THE, A BOND SOLD AT ON 2058, THAT'S A 25 YEAR BOND AS WELL.
AND THAT'S WHAT WE'RE TRYING TO ADDRESS TO TRY AND BRING THAT CLOSER TO TODAY, WHICH WAS ONE OF THE, THE THINGS WE DISCUSSED.
ONE OTHER THING THAT I, I HAVEN'T MENTIONED BECAUSE IT, YOU KNOW, IT IT PLAYS INTO THE QUALITY OF LIFE, UH, IN THE COMMUNITY IS, IS THE CONTINUED DISCUSSIONS WITH THE SCHOOL DISTRICT.
I STAND HERE TODAY AND I, I HOPE IN YOUR PACKAGE THERE'S A LETTER OF INTENT, YOU KNOW, JUST TO FURTHER, UM, SHOW COUNSEL, UM, THAT THOSE NEGOTIATIONS OR, OR COMMUNICATIONS TO BRING AN ADDITIONAL ELEMENTARY SCHOOL THAT'S CONTEMPLATED WITHIN THIS PROPOSED DEVELOPMENT AGREEMENT ARE REAL.
UM, AND ONE THAT BOTH PARTIES ARE MOVING, UH, TOWARDS MAKING HAPPEN, YOU KNOW, PENDING YOUR, YOUR DECISION ON THIS ANNEXATION.
ANY QUESTIONS? ANY ADDITIONAL QUESTIONS OR COMMENTS? YES, SIR.
YOU KNOW, THE, TO SAY THAT YOU ALL CONTINUED TO LISTEN TO US AND TO GO BACK AND MAKE SOME IMPROVEMENTS TO THIS, UM, YOU, YOU DO HAVE MY ATTENTION.
I'M HAPPY TO SEE, SEE THIS AND HEAR WHAT YOU'RE SAYING.
THE SCHOOL DISTRICT, I ACTUALLY HAD A CONVERSATION WITH, UM, SOMEONE, DR. MCCALL MM-HMM
AND, UM, HE WAS TELLING ME THAT THEY REALLY INTENDED ON BEING HERE MM-HMM
AND I SAID, WELL, WHY AREN'T YOU GONNA BE HERE? AND HE SAID, BECAUSE HE, AND FORGET WHO ELSE THEY WERE OUT OF TOWN FOR A MANDATORY LEADERSHIP MEETING AND THEY COULDN'T MAKE IT BACK TODAY.
SO IN HAVING THAT CONVERSATION WITH HIM AND KNOWING THAT IT'S ONE THING TO HAVE A LETTER, BUT TO HEAR FROM THEM THAT YOU'RE REALLY ON BOARD, THEY'RE REALLY ON BOARD WITH THIS AND THAT THEY WOULD PROBABLY BE NEEDING ANOTHER SCHOOL ON THAT SIDE OF TOWN IN THREE TO FIVE YEARS.
I'M, I'M GLAD TO SEE THAT THIS IS BEING IMPLEMENTED THAT WAY.
WE'RE NOT, WHEN I SAY WE AS A CITY, ME HAVING CHILDREN STILL IN THE SCHOOL DISTRICT, WHEN I MOVED INTO MY NEIGHBORHOOD, MY TWO YOUNGEST SONS WERE NOT ABLE TO ATTEND VICTORIA WALKER BECAUSE IT WAS AT CAPACITY.
AND THAT WAS REALLY CONCERNING TO ME.
'CAUSE PART OF THE REASON WHY I MOVED INTO THAT NEIGHBORHOOD WAS SO THAT THEY COULD ATTEND THAT SCHOOL.
SO TO HEAR THAT THIS IS GOING TO BE, I THINK THE SECOND SCHOOL THAT'S GONNA BE INSIDE OF, OF, OF PLANT DEVELOPMENT, I'M REALLY LIKING THAT.
I LIKE THE IDEA THAT YOU'VE, UM, SHORTENED DOWN THAT TIME TO 20 30, 20 36.
REALISTICALLY, DO YOU SEE YOURSELF, WELL, LEMME ASK YOU THIS.
WHAT PROJECTS WOULD YOU ALL NOT HAVE TO COME TO COUNCIL FOR? SINCE WE SAID, YOU JUST SAID THAT THERE WERE PROJECTS.
ARE YOU TALKING ABOUT THE ISSUANCE OF BONDS? YES.
SO TYPICALLY WHAT HAPPENS IS A MUD PROPOSES THE ISSUANCE OF BONDS.
THEY HAVE TO GET THE, THE COUNCIL'S CONSENT.
THAT CONSENT IS STIPULATED UPON THEIR ABILITY TO MEET CERTAIN STATE CRITERIA.
IN OTHER WORDS, THE, THE ABILITY OF THE COUNCIL DISCRETIONARY ABILITY OF THE, THE COUNCIL TO SCRUTINIZE THAT BOND ISSUANCE IS MINIMAL BECAUSE IF THEY MEET THE STATE CRITERIA, THEY CAN, YOU HAVE TO APPROVE IT.
I WENT TO THE KAREN HORNER SCHOOL OF, OF, UH,
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BOND ISSUANCE FOR MUDS.AND THAT'S HOW IT WAS EXPLAINED TO ME.
AND IF IT'S DIFFERENT FROM THAT, I'M, I'M WILLING TO BE EDUCATED, BUT THAT'S MY UNDERSTANDING OF IT.
THEREFORE, I MEAN, UP TO 2036, THEY CAN ISSUE DEBT AND FOLLOWING 2036 THEY CAN WITH YOUR CONSENT.
IS THAT HOW IT'S, IT READS COUNSELS? SO I'M JUST TELLING YOU YOUR LATITUDE TO SAY YES OR NO, OR IS PARTICULARLY NO TO THAT, UH, TO THAT ISSUANCE IS MINIMAL.
I STILL LIKE THE FACT THAT THEY CAME BACK AND WORKED ON THIS, TO BE HONEST WITH YOU.
ANY ADDITIONAL QUESTIONS OR COMMENTS? UH, WHAT I WILL SAY, YOU KNOW, THANK YOU FOR Y'ALL'S TEAM.
UM, LIKE AS COUNCILMAN JOHNSON SAID, Y'ALL DID CONTINUE TO COME BACK AND GET INPUT AND, AND MAKE ADJUSTMENTS.
UH, YOU KNOW, MUDS, THEY HAVE, THEY CERTAINLY HAVE, UH, A STEREOTYPE ASSOCIATED WITH THEM.
AND I THINK Y'ALL, Y'ALL DID AS BEST YOU CAN IN ORDER TO STILL MEET YOUR FINANCING NEEDS AND CRITERIA AND FRAMEWORK AND, AND TRY TO GO AND, AND UNDERSTAND WHERE THIS COUNCIL'S COMING FROM.
UH, WITH THIS, WITH THIS PARTICULAR PROJECT, UH, TO THE BEST OF MY KNOWLEDGE, YOU KNOW, AS A COUNTRY WE'RE LIKE 3 MILLION, DO 3 MILLION HOMES SHORT OF WHERE WE EVEN NEED TO BE MM-HMM
AND SO BEING ABLE TO HAVE A HOME BUILDER, A QUALITY HOME BUILDER IN OUR COMMUNITY THAT'S BUILDING HOMES AND IS BEING SUCCESSFUL IN THE AREA, THAT'S, THAT'S REALLY A GOOD TELLTALE.
SO WE CONTINUE MUCH SUCCESS WITH THAT.
HOW MANY HOMES WERE SOLD IN SEPTEMBER, SPECIFICALLY WITHIN BAYTOWN CROSSINGS 27.
AND HOW DOES THAT COMPARE TO YOUR OTHER COMMUNITIES? UH, MY DIRECT COMPARISON WOULD BE OUR TWO, UH, MONT BELLEVUE COMMUNITIES WHERE OUR SISTER BUILDING COMPANY IS BUYING FINISHED HOME SITES.
THEY SOLD ZERO, THEY SOLD ZERO, THEY SOLD 0 27 TO ZERO IN SEPTEMBER, IN THROUGH AUGUST, OCTOBER 23RD, 31 IN BAYTOWN CROSSINGS TO ONE IN, IN THOSE TWO MOUNT BELLEVUE COMMUNITIES.
IT, AND IT, AND IT PLAYS INTO THE, THE NEED FOR AFFORDABLE, AFFORDABLE QUALITY.
AND, AND THAT'S WHAT WE'VE BEEN ABLE TO DELIVER HERE AND WOULD LIKE TO EXPAND HERE.
NO, WE, WE APPRECIATE THAT DATA POINT AND, AND CERTAINLY WE DO WISH YOU MORE SUCCESS.
UM, IT IS HARD, YOU KNOW, UM, DEPEND, YOU KNOW, CREDIT DEPENDENT, INTEREST RATES DEPENDENT MM-HMM
AND SO IT, IT IS A HARD, IT'S A STRUGGLING MARKET AND HOPEFULLY THAT DOES TURN AROUND SOON.
BUT WE DO APPRECIATE YOU STICKING WITH US AND, AND LISTENING TO US AND, AND ADJUSTING.
UM, I THINK THAT'S EVERYTHING ON THIS ITEM UNLESS THERE'S ANY QUESTIONS FROM STAFF.
SO WE, WE WOULD NEED CLARIFICATION FROM YOU.
REMEMBER IN THE LAST, UH, COUNCIL MEETING WHEN YOU ADDRESSED THIS, THERE WAS, I TAKE A, A FOUR TWO CONTRARY TO GRANTING THE EXTENSION OF THE MUD.
SO FROM THAT WINNING SIDE, WE WOULD NEED TO HAVE DIRECTION TO THE STAFF AS TO WHETHER IN THE FUTURE YOU WOULD LIKE THIS PLACED ON A, A FUTURE AGENDA.
I WOULD LIKE IT PLACED ON THE I AUGUST, THE NOVEMBER 22ND AGENDA.
THANKSGIVING ISN'T, IT'S A TUESDAY.
THAT WOULD BE THE NEXT COUNCIL MEETING, UM, THE 22ND AS FAR AS I KNOW.
SO WE HAVE TO CANVAS IN THAT IN A PERIOD I'M KILLING ME.
WE HAVE TO WAIT ON HARRIS COUNTY TO GIVE US THE RESULTS.
SO THAT'S, THAT'S WHEN THE NOVEMBER MEETING MM-HMM
[b. Discuss possible revisions to Chapter 74 "Peddlers and Solicitors," of the City of Baytown Code of Ordinances. ]
DISCUSS POSSIBLE REVISIONS TO CHAPTER 74 PEDDLERS AND SOLICITORS OF THE CITY OF BAYTOWN CODE OF ORDINANCES.SO MAYOR COUNCIL, UH, ISSUE THAT WAS BROUGHT TO YOU BEFORE REGARDING THESE TYPES OF TEMPORARY TYPES, VENDING OPERATIONS, UH, WE HAD, UH, YOU CONSIDERED AN, UH, AN APPEAL TO, UH, OUR ORDINANCE.
UH, I HAVE ASKED, UH, TONY TO GO BACK AND REVIEW OUR CURRENT CODE AND BENCHMARK AGAINST OTHER COMMUNITIES, WHICH HE DID, UH, GRATEFUL FOR HIS WORK ON THAT.
WE DO HAVE A PROPOSAL FOR YOU, UH, A LITTLE LATER ON AND YOU CAN TELL US WHETHER YOU WOULD LIKE THAT AGAIN, UH, ADDED TO AN AGENDA FOR CONSIDERATION.
BUT TO SET, I, I THINK IT'S IMPORTANT AS WE'VE DISCUSSED AS A GROUP, THE IMPORTANCE OF SETTING THE CONTEXT FOR, UH, THIS DISCUSSION.
AND I THOUGHT IT WAS IMPORTANT TO HAVE ASK BOTH MARTIN, MS. MARTIN HERE AND, UH, CHIEF STRINGER TO PROVIDE YOU, UH, A LITTLE BIT OF THE IMPACTS THAT THEY ENCOUNTER AS A RESULT OF THESE TYPES OF, OF OPERATIONS.
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JUST SO YOU GO IN EYES WIDE OPEN, THEY WILL BE FOLLOWED BY TONY, WHO WILL, UH, GIVE SOME DISCUSSION ABOUT, UH, SOME OF WHAT HE FOUND IN BENCHMARKING AND ALSO A PROPOSAL, UH, TO YOU.AND, UH, THEN IT'LL BE LEFT TO YOU TO ANS UH, ASK ANY QUESTIONS THAT YOU WILL, UH, CHIEF, YOU WANNA GO AHEAD FIRST.
THE, UH, THE IDEA OF THESE VENDORS IS NOT SOMETHING THAT WE WANT TO TOTALLY GET RID OF OR, OR, UH, BAN IN THE CITY, BUT WE DO STRONGLY CAUTION THAT THERE ARE SOME REGULATIONS SO THAT WE DON'T END UP WITH A SITUATION WHERE WE HAVE VENDORS WHO POP UP EVERY WEEKEND ON US AND THEY BEGIN TO LINE GARTH ROAD, AS WAS DESCRIBED LAST TIME THIS WAS DISCUSSED, UH, WHAT WE ARE CONCERNED ABOUT AS FAR AS PUBLIC SAFETY AND ORDER IS WHAT CAN OCCUR IF WE DON'T HAVE SOME TYPE OF REGULATIONS MAYBE THAT MIRROR SOME OF OUR NEIGHBORING CITIES THAT HAVE SET SOME PRETTY GOOD STANDARDS THAT WE COULD AGREE WITH THAT.
UH, ON THE WEEKENDS, SOMEONE WHO DECIDES THAT THEY WANT TO BASICALLY HAVE THEIR OWN YARD SALE ON THE SIDE OF THE ROAD, UM, SHOWS UP WITH A POPUP TENT MM-HMM
AND, UH, THEN WE END UP WITH CONGESTION TRAFFIC.
UH, WE MAY ALSO END UP WITH SITUATIONS WHERE WE HAVE PEOPLE GOING OUT INTO THE STREET INTERRUPTING TRAFFIC TO TRY TO SELL THEIR WARES.
SO THESE ARE THE THINGS THAT WE WOULD BE CONCERNED ABOUT AND ANY OTHER, UH, PERIPHERAL CRIMINAL ACTIVITY THAT IT COULD ATTRACT.
I, I KNOW THAT AS WE, I I THINK WE WANNA LOOK BACK AT HOW THINGS WERE BEFORE THAT THAT ORDINANCE WAS PUT INTO PLACE IN TERMS OF, YOU KNOW, YOU GO UP AND DOWN GARTH ROAD AND, AND THERE'S A, THERE'S A VISUAL ASPECT TO IT.
SO WE DO WANT BUSINESSES TO BE, TO BE SUCCESSFUL.
UM, BUT I THINK WE ALSO LOOKED AT THAT AS IF YOU, IF YOU KIND OF REMOVE, I, I THINK WHAT, WHAT THE, THE GOAL IS, IS TO ALLOW AS MUCH FLEXIBILITY AS POSSIBLE.
AT LEAST THAT'S KIND OF WHAT I'VE HEARD.
AND AS YOU ALLOW THAT FLEXIBILITY, YOU'RE GONNA HAVE KIND OF BUSINESS AFTER BUSINESS AFTER BUSINESS, KIND OF UP AND DOWN GARTH ROAD AND, AND OTHER PARTS OF TOWN.
AND SO WE WANNA LOOK BACK, IF I HAD PICTURES OF IT BEFORE THAT ORDINANCE CAME IN TO PLAY, I WOULD PUT THOSE UP ON THE SCREEN FOR YOU AND SAY, IS THIS, YOU KNOW, WE, WE WANT TO BE ABLE TO, TO STILL BE ABLE TO CONTROL, UM, WHAT'S GOING ON IN THESE AREAS.
AND, UM, THE OTHER THING TOO IS, IS THERE'S SOME ISSUES WITH KIND OF BRICK AND MORTAR, UH, BUSINESSES AS WELL.
WE HAVE THE SAME ARGUMENT WHEN IT COMES TO MOBILE FOOD TRUCKS.
AS WE TALK TO PEOPLE THAT HAVE RESTAURANTS, THEY SAY, WELL, YOU KNOW, I PUT A MILLION DOLLARS INTO THIS BUILDING AND I'M DOING THE SAME BUSINESS THAT THEY'RE DOING, AND THEY HAVE A, A, YOU KNOW, $200,000 AND, AND THEY'RE RIGHT THERE.
HOW DO I COMPETE WITH THAT? AND SO YOU, YOU KIND OF RUN INTO SOME OF THOSE ARGUMENTS AS WELL.
AND I DON'T ADVOCATE FOR ONE SIDE OR THE OTHER ON, ON THAT ARGUMENT, BUT THAT'S KIND OF THE THINGS THAT WE THINK OF IN PLANNING WHEN WE START TO, TO THINK ABOUT THE, THE, THE, THE, UM, THE ISSUE THAT'S AT HAND TODAY.
SO, UM, JUST TO PUT THOSE KIND OF IN YOUR RIGHT, IN YOUR LAP.
ANY, AS TONY COMES UP, UM, ONE THING I WANTED TO DRAW YOUR ATTENTION TO IS, UH, OUR BENCHMARKING, AND I'M SURE TONY CAN GIVE YOU GREATER SPECIFICITY ON THIS, BUT WE DID NOTE, WE DID NOTE THAT OUR CURRENT OR ORDINANCES THE MOST RESTRICTED OF THOSE THAT WE EXAMINED, OF THE CITIES THAT WE, WE LOOKED AT.
UH, SO TONY IS COMING WITH A MODERATED APPROACH THAT PUTS US MORE IN THE MIDDLE OF WHERE OTHER CITIES ARE.
UH, WE CERTAINLY DON'T WANT TO BE THE MOST PERMISSIVE BECAUSE THEN, AS I CALL IT, WE BECOME THE BOTTOM OF THE DRAIN.
AND THAT, THAT JUST THEN ATTRACTS THOSE OUTSIDE OF OUR CITY TO COME, COME TO BAYTOWN TO ENGAGE IN THESE KIND OF THINGS.
SO WE WANT TO BE SOMEWHERE IN THE MIDDLE AS I CALL, RIDING WITH THE HERD.
UM, SO THE BENCHMARKING THAT I DID OR OUR DEPARTMENT DID, WE LOOKED AT FIVE CITIES, UH, SURROUNDING CITIES AROUND US, UH, WITH, UH, LEAGUE CITY, MISSOURI CITY, PASADENA, PARA LAND AND SUGAR LAND.
UM, THEY DON'T, WE DON'T EXACTLY HAVE A ONE-TO-ONE MATCH OR APPLES TO APPLES COMPARISON BECAUSE THEY HAVE ALL TYPES OF TERMS THAT THEY USE.
UM, BUT WHAT WE DID FIND WAS THAT OF THOSE FIVE CITIES, TWO OF THE CITIES ALLOW FOR 180 DAY PERMIT OR SIX MONTH PERMIT FOR THOSE TYPES OF VENDORS.
AND THE OTHER THREE HAD UP TO A 90 DAY PERMIT, UM, FOR THOSE, FOR THOSE TYPE OF OPERATIONS.
SO WE ARE THE MOST RESTRICTIVE ON THE AMOUNT OF TIME THAT WE ALLOW A PROPERTY OWNER TO HAVE AN OPEN AIR PERMIT AT TWO MONTHS.
CURRENTLY, UH, THE FEES WE ARE, WE'RE IN THE MIDDLE OF THAT.
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FROM THE HIGHEST IS LIKE THREE 50, UH, PER MONTH FOR A PERMIT DOWN TO $55.AND SO OURS IS CURRENTLY A HUNDRED DOLLARS.
IT'S BEEN THAT WAY SINCE THE INCEPTION, 18 YEARS AGO.
UH, SO I DON'T THINK THAT WE, I THINK THAT'S REASONABLE.
I DON'T THINK WE NEED TO CHANGE THE FEE.
THE MORE RESTRICTIVE PART IS THE ALLOWED TIME THAT THEY, YOU KNOW, THE NUMBER OF TIMES THEY CAN HAVE IT ON THE PROPERTY.
UH, SO BASED ON THE BENCHMARKING AND THE SURVEY WITH THOSE FIVE CITIES, MY RECOMMENDATION WOULD BE TO, UH, LESSEN THAT TWO MONTHS AND INCREASE IT A MONTH.
SO NOW WE ARE RIGHT THERE WITH THOSE OTHER THREE CITIES OF ALLOWING A THREE MONTH PERMIT FOR THE PROPERTY OWNER WHEN THAT MEANS BASICALLY THEY CAN HAVE THREE OPEN AIR VENDOR PERMITS IN A 12 MONTH PERIOD.
UM, THAT'S, THAT'S MY RECOMMENDATION AT THIS POINT.
I, I DIDN'T, UM, LOOK AT THE, THE PERSON OR THE OWNER PART.
UH, 'CAUSE IF YOU REMEMBER, OUR CURRENT ORDINANCE BASICALLY SAYS THAT A PERSON CAN, CAN OBTAIN AN OPEN AIR VENDOR PERMIT ON A PROPERTY FOR 30 DAYS AND THEN THEY HAVE TO VACATE AND THEN THEY'RE NOT ALLOWED TO SET ON THAT PROPERTY.
THEY HAVE TO MOVE TO ANOTHER PROPERTY.
AND THAT WHERE THEY COULD GET ANOTHER 30 DAY PERMIT AND THEN THEY WOULD BE CAPPED AT TWO OF THOSE PERMITS IN A 12 MONTH PERIOD.
UM, BUT LOOKING STRICTLY AT THE PROPERTY OWNER WHO CONTROLS WHO'S ON THEIR PROPERTY, UM, THIS WOULD ALLOW A PROPERTY OWNER TO SAY, OKAY, I CAN HAVE THREE OPEN AIR PERMITS, UH, WITHIN A 12 MONTH PERIOD.
SO, UH, THAT'S JUST KIND OF BASED ON THE BENCHMARKING AND THE SURVEY.
AND, UM, THAT WOULD BE MY RECOMMENDATION BASED ON YOUR COMMENTS TO, UH, MAKE IT A LITTLE BIT MORE FRIENDLY OR LESS RESTRICTIVE TO TONY.
I WANNA MAKE SURE THAT WE'RE CLEAR.
SO BASICALLY IF THERE'S A BUSINESS, IF THERE'S A ESTABLISHED BUSINESS, SAY, I THINK FOR IN, IN THIS ONE CASE WAS HEB.
SO IF, IF HEB GIVES PERMISSION OF SOME SORT, I LIKE THE IDEA.
I THINK HE SAID HE WAS, HE HAD A CONTRACT WITH HEB MM-HMM
I, I, I LIKE, I DO LIKE THAT IDEA.
IT'S NOT JUST SOME, SOMEBODY THAT'S JUST SETTING UP SHOP FOR, FOR A PERIOD OF TIME.
YOU KNOW, UM, IS THERE A PROVISION IN THIS THAT, THAT DOES SAY THAT, THAT IF THEY'RE GONNA OPERATE, IF IT'S, EVEN IF IT'S 90 DAYS, I'M FINE WITH THAT, BUT THAT THEY NEED PERMISSION OR HAVE SOME KIND OF CONTRACTUAL AGREEMENT WITH THE PROPERTY OWNER BECAUSE I, I WANNA PREVENT WHAT I'VE SEEN THE PAST FEW WEEKS ON GAR ROAD.
IT IS, IT IS UNACCEPTABLE PERIOD.
AND SO WE NEED TO DO, WE NEED TO TO, TO MAKE SURE THAT IT IS STRONG ENOUGH.
AND IF WE'RE THE MOST RESTRICTIVE, THEN WE'RE THE MOST RESTRICTIVE.
THAT'S JUST HOW IT'S GONNA BE.
NUMBER TWO, UM, YOU KNOW, I DO APPRECIATE THE GENTLEMAN, HE PROBABLY HAS A GREAT LEGITIMATE BUSINESS, BUT WE HAVE PEOPLE, UH, JOEY'S GLASS AND OTHERS THAT THEY GO, THEY INVEST IN A, IN A, IN A BUILDING AND A STRUCTURE.
THEY PAY LOCAL PROPERTY TAXES TO MULTIPLE, MULTIPLE ENTITIES.
AND SO I HAVE TO FAVOR THAT A LITTLE BIT MORE.
SO ANYWAY, THAT'S JUST MY TAKE.
UM, I, I WANT TO BE FAIR, I THINK HE'S, I THINK, UM, HE OFFERS, UH, A GOOD SERVICE.
UH, BUT WE MAKE SURE THAT WE DON'T TURN THIS INTO GYPSY TOWN.
SO THAT, THAT PROVISION IS STILL IN THERE, THAT IN ORDER TO OBTAIN THE PERMIT, THEY HAVE TO GET THE PERMISSION FROM THE PROPERTY OWNER HAS TO BE IN WRITING.
UH, THAT'S, THAT'S STILL AS IT STANDS, UH, NO CHANGES RECOMMENDED FOR THAT.
AND I, I GUESS FROM, FROM THE POLICE CHIEF, I NEED TO MAKE SURE AS WRITTEN, THIS IS SOMETHING YOU CAN'T ENFORCE.
IF THERE'S SOMEONE THAT COMES IN, LIKE I SAW A TRAILER FULL OF SOMEBODY'S HOME, UH, ON THE FIDEL PROPERTY, WE CAN GO AND GET THEM TO BE REMOVED.
BETWEEN BOTH, UH, THE POLICE DEPARTMENT AND CODE ENFORCEMENT, THAT'S SOMETHING WE CAN TAKE ACTION ON.
SO IF SOMEONE IS THERE ILLEGALLY, DO WE HAVE TO CALL THE NON-EMERGENCY NUMBER ON THE WEEKENDS TO REPORT IT, TO HAVE THEM REMOVED? BECAUSE THE ISSUE I RAN INTO, I CALLED RICK AND ASKED HIM WHAT NEEDS TO HAPPEN AND HE WAS TELLING ME, WELL GET WITH HELP ON MONDAY.
UM, IS THERE SOMETHING THAT CAN BE DONE WHERE POLICE OFFICERS CAN ACTUALLY GO ASK IF THEY SEE SOMEONE SET UP FOR THEIR PERMIT AND IF THEY DON'T HAVE IT AT THAT MOMENT IN TIME, TELL THEM THEY NEED TO MOVE ALONG OR WRITE THEM A TICKET? UH, YES SIR.
SO WHAT WE'VE BEEN DOING THIS MONTH, UH, AS OF A COUPLE OF WEEKS AGO, WE'VE HAD SOME OF OUR CODE ENFORCEMENT OFFICERS WORKING, UM, ON THE WEEKEND AND, UH, BASICALLY RUNNING OFF AND, AND SURVEYING TO SEE WHO'S SETTING UP.
AND UH, UH, IT SEEMS LIKE A LOT OF THEM THAT WE HAVE FOUND HAVE MOVED ACROSS THE STREET FROM THE FIDELIS MM-HMM
THERE'S SOME CONSTRUCTION GOING ON IN THE PARKING LOT BETWEEN, UH, TEXAS ROADHOUSE AND, UH, CORINO.
SO, UM, BUT YEAH, THEY JUST JUMP ACROSS THE STREET AND SO WE'VE RUN 'EM
[00:30:01]
OFF, BUT I, I DON'T WANNA SPEAK FOR THE POLICE CHIEF.I THINK THEY COULD JUST CALL THE NON-EMERGENCY.
BUT YES, FOR ANY POLICE SERVICE CALL THE NON, THE, THE NON-EMERGENCY NUMBER, UH, ESPECIALLY IF IT'S A SITUATION WHERE THEY'RE, THEY'RE CRIMINALLY TRESPASSING ON SOMEONE ELSE'S PROPERTY AND SETTING UP SHOP, AND THEN THAT PROBABLY BECOMES AN EVEN BETTER REMEDY TO THE SITUATION BECAUSE NOW YOU HAVE A, YOU HAVE A VICTIM, UH, AS OPPOSED TO THE, THE CITY BEING THE VICTIM OF IT AS WELL.
SO, SO ARE, ARE WE WRITING TICKETS OR ARE WE JUST TELLING THEM TO CHASING THEM FROM SPOT TO SPOT? WELL, WE'RE RUNNING 'EM OFF.
THE, THE SITUATION WE HAVE WITH OUR CODE ENFORCEMENT IS WE, UH, WE CAN REQUEST THEIR DRIVER'S LICENSE FOR A CITATION.
UM, THEY DO NOT HAVE TO PROVIDE IT TO US.
UM, SO THAT WOULD REQUIRE THE POLICE DEPARTMENT, UM, TO STEP IN ON THAT.
ANY OTHER QUESTIONS? YES, SIR.
YEAH, I JUST WANTED TO, TO CLARIFY A LITTLE BIT, TONY, IF I COULD.
SO YOU, YOU SAID TWO CITIES HAVE A 180 DAY PERMIT AND THREE CITIES HAD AN UP TO A 90 DAY PERMIT.
BUT IS THAT, UM, I GUESS DID, THAT'S THE LENGTH OF THE PERMIT, BUT WERE THERE SEPARATE LIMITS ON THE QUANTITY OF PER, BECAUSE WE ARE 30 DAY AND UP TO TWO, RIGHT? SO THOSE 180 DAY, COULD THEY GET TWO OF 'EM OR, OR WHAT WERE THE LIMITS ON THE QUANTITIES? MY UNDERSTANDING WAS IT WAS 180 DAY PERMIT FOR THOSE TWO CITIES THAT HAD UP TO 180 DAY PERMIT OR UNTIL IT WAS REVOKED.
AND THEN IF THEY DID SOMETHING THEY WEREN'T SUPPOSED TO, THEY COULD REVOKE IT, BUT YES, MY UNDERSTANDING THEY WOULD ONLY HAVE ONE ON THE PROPERTY.
UM, BUT IF MY 180 DAY PERMIT COULD THE SECOND, COULD I JUST GET ANOTHER ONE? OR WAS I, DID THOSE CITIES LIMIT THE QUANTITY PER YEAR? YOU KNOW, I'D, I'M GONNA HAVE TO GO BACK AND LOOK AT THAT BECAUSE THERE WAS FIVE DIFFERENT CITIES AND ALL OF THEM HAD DIFFERENT MIXES OF CANVASSERS, SOLICITORS PEDDLERS, UH, THAT WAS KIND OF ROLLED INTO GOING DOOR TO DOOR.
UM, AND THEN THE PUBLIC PROPERTY SIDE OF IT, AND THEN THE NON-PUBLIC AND THE COMMERCIAL SIDE OF IT.
I MEAN THAT JUST, THAT SEEMS LIKE ANOTHER BIG, YOU KNOW, IMPORTANT ASPECT OF IT IS WE'RE TALKING ABOUT THE CHANGING THE LENGTH IF WE WANT TO GO TO, TO 90 DAYS OR GO TO THREE PERMITS, LIKE YOU SAID.
BUT I'M CURIOUS WHAT THESE OTHER CITIES ARE DOING FOR THE QUANTITY.
YOU KNOW, IF THEY CAN JUST GET CONSECUTIVE 180 DAY PERMITS ALL YEAR.
UM, THAT WOULD BE A LOT DIFFERENT FROM WHAT WE'RE DOING.
SO I'M, I'M CURIOUS TO GET A LITTLE MORE INFO ABOUT WHAT THOSE FIVE CITIES ARE DOING.
THAT WAY WE CAN CONFIRM AND SEE.
I WANT, LET ME ADD, LET ME ADD TO THAT REAL QUICK.
UM, ALSO WOULD BE, LET'S JUST SAY, IS IT TIED TO A BUSINESS OR IS IT TIED TO AN INDIVIDUAL? BECAUSE YOU CAN JUST MM-HMM
BE A, B, C, YOU KNOW, LLC AND THEN THE NEXT HUNDRED 80 DAYS YOU'RE X, Y, Z.
AND SO IS IT TIED TO AN INDIVIDUAL AS THE APPLICANT FOR THAT PERMIT? CURRENTLY IT READS, IT'S TIED TO A PERSON.
AND, AND I WAS GONNA JUMP IN THERE.
THAT'S, I WAS HERE WHEN WE PASSED THIS ORDINANCE.
THAT WAS THE CHALLENGE THAT, THAT COUNSEL HAD AND STAFF HAD AT THAT TIME.
A LOT OF THE CODES ACROSS THE STATE INCLUDE 5, 6, 7 DIFFERENT TYPES OF VENDORS, SOLICITORS VENDORS, THEY'RE ALL DIFFERENT.
SO IT WAS HARD TO FIND SOMETHING THAT MET OUR NEEDS.
COUNSEL AT THAT TIME SAYS, WELL, WHAT WE WANT IS FOR THE PROPERTY OWNERS TO BE LIMITED TO HOW MANY ANYBODY SETS UP ON THEIR PROPERTY.
AND WE WANT TO LIMIT THE PEOPLE THAT SET UP ON THE PROPERTY.
TWO DIFFERENT SIDES OF THE COIN WE'RE, WE'RE KIND OF RUNNING ON OUR OWN WITH THAT CONCEPT.
'CAUSE WE DIDN'T GET INTO THE CHARITABLE SOLICITORS.
WE DIDN'T IN, IN MOST CODES, THEY'RE ALL BOILED IN TOGETHER, WHICH MAKES IT HARD TO SEPARATE 'EM OUT.
HE MAY NOT HAVE BEEN ON COUNCIL AT THE TIME, BUT GARF ROAD WAS TENT CITY ON THE WEEKENDS.
UH, SO WHEN YOU DROVE BY, THAT'S ALL YOU SAW.
SO COUNCIL WAS VERY ADAMANT THAT WE WANTED TO CHANGE THAT PERSPECTIVE.
AND IT HAS BEEN SUCCESSFUL, IT'S RESTRICTIVE.
UM, I DON'T DISAGREE WITH ALLOWING A PROPERTY OWNER TO HAVE MORE THAN JUST TWO IN A YEAR.
I THINK THREE IS STILL A LITTLE TIGHT, BUT THAT'S, I'M GOOD WITH THAT.
UM, I WOULDN'T MIND SEEING THE, THE VENDOR SIDE ALSO HAVE, BE ABLE TO GET UP TO 3, 3 30 DAY PERMITS, BUT TIE IT TO THE INDIVIDUAL.
'CAUSE JUST LIKE THE INDIVIDUALS HERE, HE HAS FIVE DIFFERENT COMPANIES THAT DO THE SAME THING.
SO IF YOU TIE IT TO A COMPANY, THEN HE CAN GET 15 PERMITS A YEAR, AND IT'S ALL HE DOES IS CHANGE THE LITTLE BANNER AND IT'S THE SAME PEOPLE, SAME COMPANY.
SO WE HAVE TO BE VERY CAREFUL OF THAT.
BUT IT, IT WAS, IT WAS A STRENUOUS EFFORT TO, TO DO THAT.
SO I KNOW WHERE TONY'S COMING FROM AS FAR AS TRYING TO BOIL THAT DOWN INTO, BECAUSE EVERYBODY'S CODE IS DIFFERENT.
[00:35:01]
I KIND OF LIKE THE IDEA OF EXPANDING INTO, YOU KNOW, GIVING A PROPERTY OWNER AN OPPORTUNITY TO HAVE UP TO THREE VENDORS AND THEN MAYBE GIVE A VENDOR UP TO THREE OPPORTUNITIES AND, AND THEN WE MOVE, MOVE ON FROM THERE.IF WE GET TOO LOOSE, YOU KNOW, WE WILL HAVE THE, THE, UH, CANVAS ELVIS'S BACK AND, AND THAT GETS PRETTY DIFFICULT.
THAT'S JUST NOT THE, WHEN WE START RECONSTRUCTING GARTH ROAD, IT'LL GO AWAY ANYWAY.
MR. MEHER, IF, IF I MAY JUST TO CLARIFY AND, AND PIGGYBACK UPON THE COMMENTS OF TONY AND COUNCIL MEMBER LESTER.
TONY AND I DID HAVE A LONG DISCUSSION ABOUT THAT WORD PERSON.
AND I THINK, UH, IN THE CURRENT ORDINANCE, THE WORD PERSON CAN FAIRLY BE READ TO MEAN AN ENTITY OR AN INDIVIDUAL.
AND THIS MIGHT BE AN OPPORTUNITY TO MAYBE TIGHTEN UP THAT DEFINITION.
AND I DON'T WANNA PUT WORDS IN TONY'S MOUTH, BUT I THINK THE CURRENT INTERPRETATION OF THAT WORD PERSON IN THE CONTEXT OF THE CURRENT ORDINANCE HAS BEEN READ TO MEAN INDIVIDUAL OR ENTITY.
WELL, MY, MY PERSPECTIVE IS, I JUST USE THE TERM THE APPLICANT OR PERMIT WILL BE TIED TO SOMEONE'S BELLY BUTTON.
AND IF THAT'S WHOEVER IT IS, THAT'S WHO'S GONNA BE, IT'S NOT GONNA BE A BUSINESS.
JUST ONCE AGAIN, WE NEED TO KNOW FROM THE COUNCIL WHETHER YOUR EXPECTATION IS TO REVISIT THIS MM-HMM
AND THAT, UM, I KNOW, YOU KNOW, I THINK THIS GENTLEMAN, YOU KNOW, I, I MEAN I LIKE THE FACT THAT HE WAS, HE WAS GOING AROUND THE RIGHT, RIGHT AROUND THE RIGHT PATH.
I GUESS HE WAS, YOU KNOW, HAVING CONTRACT WITH HEB.
I DON'T WANNA PUT SO MUCH ON, ON ONE AGENDA.
IT'S PROBABLY GONNA BE A PACKED AGENDA IN NOVEMBER.
WE ONLY HAVE TWO MEETINGS LEFT FOR THE REST OF THE YEAR.
UM, WHAT CAN WE, BECAUSE I THINK LAST TIME WE WANTED TO, TO OFFER THIS MAN THE ABILITY TO, TO TRY TO GO AND GET INTO BUSINESS.
UM, WHAT CAN WE DO IN THE MEANTIME SO THAT WE CAN GET A CLEAN, UM, VERSION OF THIS IN FRONT OF COUNSEL? WELL, WE CAN, WE CAN MAKE SOME ADJUSTMENTS TO ALLOW FOR UP TO THREE MONTHS OF, FOR A PERMIT AND THEN, UH, WE CAN BRING IT BACK TO YOU GUYS.
I CAN, I'LL CONFIRM THAT'S MY POINT.
CLEAN, CLEAN IT ALL UP WITH THE INPUT THAT'S BEEN PROVIDED.
BUT WE ONLY HAVE TWO OPPORTUNITIES THE REMAINDER OF THE YEAR TO CONSIDER THIS IN AN ORDINANCE.
THAT'S, THAT'S WHERE I HAVE TO LEAN ON TO YOU AND YOUR STAFF.
I MEAN, IF, IF YOU WANT TO HAVE IT NEXT MONTH OR IN DECEMBER, WE CAN MAKE THAT HAPPEN.
IT'LL EITHER BE NOVEMBER 22ND OR DECEMBER 8TH.
WILL WE HAVE A WORK SESSION BEFORE THAT MEETING OR NOT? WE CERTAINLY CAN.
THE OTHER THING WE CAN DO IS ELECTRONICALLY TRANSMIT THE ADJUSTMENTS TO YOU SO YOU HAVE THAT OPPORTUNITY TO LOOK AT IT.
THAT WAY WE DON'T HAVE TO HAVE A WORK SESSION.
WE CAN DISCUSSION WITH POSSIBLE ACTION ON THE 22ND AGENDA ON THE EIGHTH.
ARE WE GONNA HAVE A, WE CAN HAVE A WORK SESSION ON THE EIGHTH BUT NOT THE 22ND.
I THOUGHT WE WERE GONNA BE DOING OTHER STUFF BEFORE THAT.
WHY DON'T WE JUST DO IT FOR THE EIGHTH, EITHER WAY, WHICHEVER ONE THEY CAN HIT.
ANY MORE COMMENTS? IF NOT, ALRIGHT, SO I GUESS, UH, WE, WE'VE ADDRESSED ALL POSTED, UM, AGENDA ITEMS FOR THIS WORK SESSION.
SO WE'LL NOW GO INTO RECESS AND WE'LL RE RECONVENE AT SIX 30.