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READY.

[00:00:02]

GOOD AFTERNOON.

[Community Services Committee on October 11, 2022.]

UM, THIS IS TUESDAY, OCTOBER 11TH, 2022.

IT'S 4:00 PM AND THIS IS A MEETING OF THE COMMUNITY SERVICES COMMITTEE.

I AM CHAIR DEBORAH MORRIS WITH ME, UM, COMMITTEE MEMBERS, MARGARET LT, AND ED MORE, AND A WHOLE ROOM FULL OF, UH, STAFF.

SO LET'S GO AHEAD AND GET STARTED.

UM, FIRST ON THE AGENDA AS APPROVAL OF MINUTES FROM THE AUGUST 2ND, 2022 MEETING, UH, COMMITTEE MEMBERS.

HAVE YOU HAD A TIME TO, TO LOOK OVER THESE? AND IF NOT, WE CAN TAKE TIME NOW.

GO FOR APPROVAL.

GO AHEAD, GO FOR APPROVAL.

YES.

A MOTION.

WE APPROVE THE MINUTES.

DO I HAVE A SECOND? OKAY.

ALL IN FAVOR? I.

OKAY.

UH, THEY ARE APPROVED.

OKAY.

ITEM TWO.

UM, DISCUSS FUNDING OPTIONS FOR SIDEWALKS.

SO, MR. OLIVER, I'M ASSUME YOU'RE UP AND, AND, UM, COMMITTEE MEMBERS, WE HAVE HERE A PRINTOUT AND HE'S GONNA BE SHARING WITH US ON THE SCREEN AS WELL.

THANK YOU.

CHAIR MORRIS.

COUNCIL MEMBER LUCK.

COUNCIL MEMBER MOORE.

UH, THIS IS OBVIOUSLY A FOLLOW UP ON OUR PREVIOUS DISCUSSION ON THE, UH, SIDEWALK COST SHARE PROGRAM AND OPTIONS THAT WE COULD EXPLORE ON, ON EXPENDING THOSE FUNDS.

SO, JUST AS A RECAP IN THE, UH, BOND PROGRAM AT THE BEGINNING OF THIS YEAR, WE HAD ROUGHLY 5.2 MILLION, 5.3 MILLION.

MOST, UH, IT WAS THE 2004 BOND PROGRAM HAD $265,000 LEFT.

THAT FUNDING HAS ACTUALLY ALL BEEN EXPENDED NOW.

SO WE ARE NOW IN END OF THE, UH, 2019 FUNDS THAT WERE EXPENDING MONEY.

BUT LOOKING AT THE PROJECTED STREAM OF WHAT WE HAD IN FUNDING FOR THE YEARS THIS YEAR, BECAUSE WE HAD A ROLLOVER FROM PREVIOUS YEARS, WE HAD 900, A LITTLE OVER $900,000.

AND THEN GOING FORWARD WE STARTED 6 68 AND IT GOES UP ABOUT $20,000, $20,000 A YEAR TO, BUT OVER THE COURSE OF THE PROGRAM, IT AVERAGES APPROXIMATELY $750,000 A YEAR.

AND THE OPTIONS FOR EXPENDITURE, OF COURSE, WITH THE, WHAT WE'RE SPENDING IT ON NOW, THE 50 50 COST SHARE PROGRAM, PLUS THE ADDITIONAL DISCOUNTS THAT COULD GET SOMEBODY AS MUCH AS A 90 10 WHERE THE RESIDENT WOULD PAY THE 10%, UM, WE'RE FUNDING THE ARTERI STREET REPAIRS ALONG ARTERIAL REPAIRS ON ARTERIAL STREET, SORRY, THAT ARE A HUNDRED PERCENT CINDY FUNDED.

IF YOU'VE DRIVEN UP COUNTRY CLUB ROAD RECENTLY THERE BETWEEN CASTLE AND AND WALNUT, YOU'LL SEE WHERE WE HAVE REPLACED SIDEWALKS THERE.

THAT'S, THAT, THAT SIDEWALK IS BEING FUNDED OUT OF THIS, THIS PROGRAM RIGHT HERE.

WE COULD PARTNER WITH THE NEIGHBORHOOD VITALITY TO PARTICIPATE IN THE, WHERE THE HEART PROGRAM IS.

AND THEN WE CAN DO REPAIRS IN CONJUNCTIONS WITH STREET REPAIRS.

IS WE, YOU KNOW, WE TYPICALLY WILL GO INTO NEIGHBORHOODS AND TRY TO CLEAN 'EM UP.

SO IT'S, THAT'S POSSIBLE EXPENDITURE THAT WE COULD SPEND FUNDS IN.

THAT, THAT MANNER.

TO, TO GIVE YOU UPDATE ON WHAT WE HAVE DONE SINCE WE, THE STREET DEPARTMENT TOOK OVER THE COST SHARE PROGRAM, WE HAVE HAD 235 REQUESTS SINCE OCTOBER ONE.

THAT'S AS OF THE 6TH OF OCTOBER.

UM, OF THOSE 221 OR 94% MET THE REQUIREMENTS FOR REPLACEMENT AND LETTERS WERE SENT TO THEM BY REVENUE RECOVERY DEPARTMENT.

THERE WERE 14, THERE WERE 6% THAT DIDN'T MEET THE REQUIREMENTS FOR REPLACEMENT.

AND THEY'VE BEEN CLOSING THE SYSTEM AND THE RESIDENTS HAVE NOTIFIED, ACTUALLY, YOU KNOW, THAT MAY, YOU MIGHT REALIZE THAT'S ACTUALLY A LOWER NUMBER THAN WE HAD LAST TIME WHEN WE STARTED LOOKING AT SOME OF THESE ARTERIAL ONES.

WE, WE WENT BACK AND EVALUATED SOME OF, SOME OF THOSE ONES ACTUALLY ON THE ARTERIALS AND THE COMMERCIAL PROPERTIES ACTUALLY QUALIFIED.

OUR INSPECTOR DIDN'T REALIZE, SO, SO SOME OF THE, BUT THEY ONLY QUALIFY FOR A 10%, 10% SHARE UP TO UP TO 50,000, UP TO $25,000 I BELIEVE.

SO THERE ARE SOME OF THOSE THAT WERE, BUT TO DATE, WE HAVE HAD 92 RESIDENTS THAT HAVE RESPONDED AND HAVE PAID TO PARTICIPATE IN THE SIDEWALK REPAIRS.

THE AVERAGE COST PER SIDEWALK REPAIR IS $3,254.

THAT'S A LITTLE HIGHER THAN WHAT WE HAD REPORTED BEFORE.

THE COMMERCIAL PROPERTIES DROVE UP SOME OF THOSE ON THE AVERAGE RESPONSE, UH, AVERAGE COST OF THE SIDEWALK REPAIR.

SO WE ALSO EXPLORED LOOKING AT, GOT NEIGHBORHOOD VITALITY AND LOOKED AT WHERE FOR FY 2223, THEY HAVE THE, WHERE THE HEART IS NEIGHBORHOOD AND THEY HAVE CHOSE THE WESTERN HEIGHTS NEIGHBORHOOD, WHICH IS AN AREA BOUNDED BY SHILOH WALNUT, LAWSON DRIVE, AND WESTERN DRIVE.

SO WE HAD OUR INSPECTOR GO OUT AND WALK ALL THOSE STREETS IN THAT NEIGHBORHOOD.

AND WHAT HE FOUND OUT IS THERE WERE 9,745 FEET OF SIDEWALK WITHIN THAT NEIGHBORHOOD THAT NEEDED REPLACEMENT.

AND SO THE COST TO REPLACE THOSE SIDEWALKS BASED ON OUR EXISTING CONTRACT WAS JUST TO ADD OVER $450,000.

THE AVERAGE LINEAR FOOT COST IS $46 AND 22 CENTS FOR SIDEWALK REPAIRS ON RESIDENTIAL STREETS.

NOW, IN THAT NEIGHBORHOOD, THERE ARE THREE STREETS THAT WE EXCLUDED DUE TO FUTURE RECONSTRUCTION.

ALL THESE THREE STREETS,

[00:05:01]

KING FROM MA TO WALNUT, LAWSON FROM WESTERN, THAT SHOULD BE A WALNUT TO WESTERN AND MADE FROM WALNUT TO WESTERN.

THEY'RE ALL SCHEDULED FOR RECONSTRUCTION AS PART OF OUR THREE YEAR PROGRAM.

SO OUR FIVE YEAR PROGRAM.

SO WE DIDN'T, DIDN'T WANT TO GO.

WE'RE NOT GONNA GO ON TO GO IN THERE AND DO SIDEWALK REPAIRS AND THEN TEAR 'EM OUT TWO, THREE YEAR, TWO COUPLE YEARS LATER.

SO WHEN WE'LL GET THOSE REPAIRS WHEN THE STREETS ARE RECONSTRUCTED, CUZ AS, AS WE RECONSTRUCT THE STREET WINDS RECONSTRUCT FROM PROPERTY LINE TO, I MEAN, RIGHT AWAY LINE TO RIGHT AWAY ON SIDEWALKS DRIVE, APPROACHES, EVERYTHING IN THERE.

UM, SO LOOKING AT HOW WE'RE EXPENDING MONEY ON HOW, HOW THE, THE, THE COSTS ARE COMING IN, WE FEEL LIKE THAT WE COULD, WE WERE PROBABLY GONNA NEED AT LEAST $200,000 A YEAR TO END THE 50 50 COST SHARE PROGRAM.

WE, LIKE I SAY, WE SPENT 300,000 TO DATE.

OF COURSE SOME OF THAT MONEY COMES BACK IN, IN REVENUE, SO THAT'LL OFFSET SOME OF THAT COST.

IT'S PROBABLY THE WAY THE SPLIT IS, IT'S PROBABLY ABOUT 70 30 ON AVERAGE, 70% CITY, 30% AVERAGE WITH ALL THE DISCOUNTS APPLIED.

UH, WE NEED TO, WE WOULD ANTICIPATE THAT WE WOULD PROBABLY SPEND AT LEAST 150,000 A YEAR ON ARTERI REPAIRS.

THAT'S ROUGHLY THE COST OF WHAT THAT WALNUT SIDEWALK WAS.

AND THEN WHERE THE HEART PROGRAM IS IN CONJUNCTION WITH STREETS IN FUTURE YEARS, WE PROBABLY COULD, WE COULD EX UH, ALLOCATE APPROXIMATELY $400,000 FOR THOSE, FOR THOSE SHARES, DEPENDING UPON THE SIZE OF THE NEIGHBOR.

IT REALLY IS GONNA DEPEND UPON THE SIZE OF THE NEIGHBORHOOD, THE AMOUNT OF THE RARE.

SO THESE NUMBERS WILL PROBABLY FLEX, BUT THIS IS KIND OF WHERE WE FEEL LIKE ON AN AVERAGE, THAT'S KIND OF HOW THE MONEY WOULD PROBABLY BE SPLIT THAT BETWEEN THAT $750,000.

AND THEN ONE OTHER THING WE HAD BEEN ASKED TO LOOK AT WAS THE SIDEWALK RATING SYSTEM.

SO, UH, IF WE, IF TO INCLUDE THE SIDEWALK RATING SYSTEM, THE SIDEWALKS WILL BE EVALUATED WHEN THE, WHEN THESE INSPECTOR DOES THE STREET INSPECTIONS.

SO THOSE, UH, WE WOULD, THE EVALUATION WILL NOTE THE NUMBER SIDEWALK DEFECTS.

AND WE'LL ALSO NOTE WE'LL ACTUALLY GET A, A REAL RECORD OF THE ACTUAL AMOUNT OF MISSING SIDEWALK RIGHT NOW AS WE INSPECT A STREET, BECAUSE WE'RE NOT INSPECTING SIDEWALKS.

WHAT WE NOTE IS THAT THERE IS SIDEWALK MISSING ON A STREET SEGMENT.

WE DON'T KNOW HOW MUCH IT IS.

WE DON'T INDICATE, YOU KNOW, HOW LONG IT IS.

WE JUST, THERE'S JUST A NOTE THAT THERE'S SOME SIDEWALK MISSING ON THAT STREET SEGMENT.

SO IF WE'RE TO, TO DO THAT, THAT WOULD ALSO GIVE US A, A MUCH BETTER, UH, FIRMO GRASP ON EXACTLY HOW MUCH SIDEWALK THERE IS MISSING.

WE HAD DONE AN, WE HAD DONE AN ESTIMATE PROBABLY IN 2018 OF THE AMOUNT OF IT, BUT THAT WAS JUST BASED ON TAKING SOME SAMPLE, SOME SAMPLE LOCATIONS AND TRYING TO EXTRAPOLATE THOSE NUMBERS OUT.

SO AS IF WE DO THAT, THE SIDEWALK RATINGS WILL THEN BE DEVELOPED BASED ON THE NUMBER OF DEFECTS AND THE MISSING THE SIDEWALKS.

THAT INFORMATION WILL BE ENTERED INTO THE, THE, THE CHOREOGRAPH SYSTEM.

THE CHOREOGRAPH SYSTEM WOULD DEVELOP A NEW MIRACLE RATING SIMILAR TO, SIMILAR TO STREETS AND ALLEYS WHERE SIDEWALK IS MISSING.

THAT JUST WOULDN'T BE RATED.

SO IF YOU HAD, LET'S SAY YOU HAD A THOUSAND FOOT FROM 8.8 TO POINT B, YOU HAD ALL A THOUSAND FOOT ON THIS SIDE, BUT LET'S SAY YOU ONLY HAD 800 FOOT ON THIS SIDE, SAY 200 WAS MISSING YOU, THE RATING WOULD BE DEVELOPED ON THE 1800 FEET OF SIDEWALK THAT'S THERE.

AND THE PART THAT'S MISSING JUST WOULD NOT BE EVALUATED.

IT WAS JUST BE, IT'D JUST BE NOTED AS MISSING.

AND THEN CURRENTLY WE'RE EVALUATING OUR STREETS AND ALLEYS ON ABOUT AN 18 MONTH CYCLE.

UH, THE STREETS THAT ARE IN THE WORST CONDITION ARE TYPICALLY RATED ON ABOUT APPROXIMATELY SIX MONTH CYCLE.

AND THEN THE BEST THE STREETS IN THE BEST CONDITION ARE TYPICALLY RATED EVERY EVALUATE EVERY 18 MONTHS.

REALISTICALLY, IF WE'RE STARTING TO ADD SIDEWALKS TO THAT, THAT'S PROBABLY GOING TO, WE DON'T KNOW EXACTLY HOW LONG IT'D EXTEND IT, BUT WE ANTICIPATE THAT WOULD PROBABLY EXTEND THAT CYCLE TO AT LEAST 24.

IT WOULD EXTEND IT TO AT LEAST 24 MONTHS.

SO WE WERE TRYING TO LOOK AT SOME STREET RECONSTRUCTION REPAIR SCENARIOS.

DEPENDING UPON A LOT OF THIS, THIS, WHETHER THE SIDEWALKS WOULD BE REPAIRED IS REALLY GONNA BE GOVERNED BY THE CONDITION OF THE STREET.

IF YOUR STREET IS TYPICALLY ZERO TO 30, WHERE IT'S A RECONSTRUCTION CANDIDATE, THE SIDEWALK, WE WOULD GENERALLY NOT GO OUT THERE AND DO INDEPENDENT REPAIRS ON THE SIDEWALK.

AND WE WOULD SAVE, JUST LIKE WE WERE TALKING ABOUT MAY, WE WOULD SAY THAT TO WHEN WE RECONSTRUCTED THE STREETS.

WE WOULD RECONSTRUCT IT, YOU KNOW, UNLESS THERE WAS JUST SOME IMMINENT HAZARD OR SOMETHING THAT WE, WE FELT LIKE WE NEEDED TO ADDRESS, WE PROBABLY WOULD NOT WANNA SPEND, BECAUSE THAT MONEY, YOU KNOW, ESPECIALLY IF THAT'S SCHEDULED FOR RECONSTRUCTION, YOU DIDN'T JUST HATE TO SPEND MONEY AND THEN PULL IT OUT AND, YOU KNOW, TEAR IT OUT THREE YEAR, COUPLE YEARS LATER.

YOU KNOW, SOME OF IT YOU MIGHT BE ABLE TO SAVAGE, BUT IF THERE'S, IF THERE'S DRIVE APPROACHES, THOSE GRADES CHANGE SO MUCH THAT IT'S HARD TO REALLY, I MEAN, THE SIDEWALK GRADES ARE GONNA CHANGE SOMETHING WHEN YOU CHANGE THE APPROACHES.

SO YOU WOULD JUST HATE TO, UH, EXPEND THAT KIND OF MONEY AND THEN, AND THEN BASICALLY GET RID OF IT A COUPLE YEARS LATER.

FOR THOSE THAT ARE IN THE O THAT ARE IN THE OCI FROM 30 TO 70, THESE ARE YOUR ASPHALT OVERLAY CANDIDATES.

SO WHAT WE TYPICALLY DO, AND WHAT WE'RE TRYING TO DO AS WE GO BACK NOW, IS WE'RE TRYING TO ADDRESS, AND, AND THE ADA

[00:10:01]

REQUIRES THAT WE, EVEN THOUGH WE'RE NOT TOUCHING THE CONCRETE, THE THE AMERICAN DISABILITIES ACTS REQUIRE THAT WE PUT ADA RAMPS AT EVERY INTERSECTION.

SO THE ONES THAT WE HAVE ACTUALLY DONE OVERLAID BEFORE, NOW THAT WE HAVE A SEPARATE CONTRACT, WE'RE WE'RE STARTING TO GO BACK AND REPLACE, PUT IN ADA RAMPS WHERE THEY'RE, WHERE THEY WERE NON-EXISTENT OR WHERE THEY WERE, UH, YOU KNOW, THEY ARE NOT FUNCTIONAL JUST BECAUSE THEY ARE NOT THE CURRENT STANDARD FOR ADA RAMPS DOES NOT REQUIRE US TO REPLACE THEM AS LONG AS THEY'RE FUNCTIONAL.

BUT IF THEY'RE NOT FUNCTIONAL, THEN WE, WE, WE WILL REPLACE THOSE AND THEN THE SIDEWALK REPAIRS COULD BE COMPLETED AS PART OF THIS COST SHARE PROGRAM.

AND THAT COULD BE DETERMINED.

I MEAN, REALLY THAT'S GONNA BE DETERMINED BY LOOKING KIND OF THE STREET CONJUNCTION IN CONJUNCTION WITH THE SIDEWALK RATING.

IF THE SIDEWALK HAD A, WAS DECENT, WAS A DECENT THE CON DECENT CONDITION EXCEPT FOR LOCATIONS, THEN WE WOULD GO AHEAD AND DO THE, WOULD DO THE ISOLATED REPAIRS.

AND THEN IF YOU'VE GOT, UH, STREET STREETS THAT HAVE IN THE 70 TO 100 RANGE, AND THAT WOULD BE THE CONCRETE SLAB REPAIR CANDIDATES, THE SIDEWALK REPAIRS WOULD BE COMPLETED AS PART OF THE NEIGHBORHOOD.

YOU COULD BE COMPLETED AS PART OF THE NEIGHBORHOOD SIDEWALK REPAIRS.

AND THAT WOULD ONCE AGAIN BE DETERMINED BY THE SIDEWALK RATING, THE ISOLATED REPAIRS.

AND THEN IF THE, UH, THE SIDEWALKS COULD ALSO BE DONE.

IF, IF THE STREET ITSELF IS NOT SCHEDULED FOR A REPAIR AND WE'RE NOT BE WORKING IN THAT AREA, IT COULD STILL BE DONE AS PART OF THE COST SHARE PROGRAM.

AND THEN OF COURSE THE, UH, THE, IF WE PARTICIPATE ON AN ANNUAL BASIS WITH THE WHERE THE HEART PROGRAM IS, WHICH WE FEEL LIKE THAT THERE PROBABLY WILL BE FUNDING THAT WE CAN AT LEAST PARTICIPATE ON SOME STREETS WITHIN.

IT'S REALLY GONNA DEPEND FROM YEAR TO YEAR.

WHAT'S THE SCOPE OF THAT, WHAT'S THE SCOPE OF THAT NEIGHBORHOOD, WHAT'S THE SCOPE OF THE COST TO REPLACE IT, WHERE WE MAY BE ABLE TO, UH, DEPENDING UPON FUNDS AVAILABLE, WE CAN EITHER PARTIALLY OR FULLY PARTICIPATE IN DOING SIDEWALK REPAIRS IN THE, WHERE THE HEART NEIGHBORHOOD IS EXCEPT FOR THE STREETS.

LIKE SAY, EXCEPT FOR STREETS.

IF THERE'S STREETS IN A NEIGHBORHOOD THAT ARE SCHEDULED FOR RECONSTRUCTION, THEN WE WOULDN'T REPLACE THE SIDEWALKS IN THERE.

AND SO THAT ADDRESSES THE CONCERN.

I HOPE THAT ADDRESSES THE CONCERNS THAT YOU HAD HAD ASKED US TO ADDRESS IN THE PREVIOUS MEETING.

AND I'LL ENTERTAIN ANY QUESTIONS.

I BELIEVE SO.

SO QUESTIONS.

WELL, SINCE THE AVERAGE COST TO THE HOMEOWNER AND THE COST SHARING PROGRAM IS 70 30, UM, WHY DON'T WE JUST MAKE THAT OUR MINIMUM BECAUSE WELL DULY NOTED.

OKAY.

WE'LL HAVE TO DISCUSS THAT.

OKAY.

THE WHOLE POINT OF THIS WAS REDUCING THE COST FOR HOMEOWNERS.

OH.

WHERE THE HOMEOWNER WOULD PAY 30% AND THAT'S A LOT MORE THAN MANY OF THEM PAY NOW.

YEAH.

AND LIKE I SAY, THAT'S INCLUDING, I MEAN, THEY COULD STILL GET, BASICALLY, IT WOULD GIVE THEM UP TO A HUNDRED PERCENT TO WHERE THEY'RE NOT PAYING THE ENTIRE COST.

YEAH, THAT'S, THAT'S ROUGHLY WHAT IT'S, I MEAN, WHAT I'M SAYING THAT 70 THIRD'S KIND OF WHAT IT'S AVERAGED, YOU KNOW, BASE, SOME PEOPLE ARE GETTING AS MUCH AS 90%, SOME PEOPLE GET 50.

SO YOU KNOW, THE GENERAL AVERAGE IS PROBABLY SOMEWHERE IN THE, IN THAT MIDDLE, IN THAT HALFWAY IN BETWEEN THE 50 AND 90 PROBABLY IS A, IS A GOOD ESTIMATE.

WHEREAS, AND SOME, SOME, LIKE SAY SOME DON'T GET ANY ADDITIONAL DISCOUNTS AND LIKE, SAY SOME, GET ALL OF THEM MM-HMM.

, AND A LOT OF THAT'S GOVERNED BY WHERE IN TOWN THEY ARE LOCATED.

MM-HMM.

.

SO IS YOUR, IF, LET ME MAKE SURE I'M UNDERSTANDING.

SO YOU, ARE YOU SUGGESTING THAT THE, THE MAXIMUM, UM, CITIZEN PARTICIPATION AMOUNT WOULD BE 30% RATHER THAN 50%, SO CAP AT 30, WHICH WOULD REDUCE FUNDING FOR THE REST OF THE PROGRAM SIGNIFICANTLY? IS THAT WHAT YOU'RE INTERESTED IN? POSSIBLY, YES.

I, I WOULD LIKE TO LOOK AT IT JUST BECAUSE, UM, I DON'T KNOW, FOR THOSE PEOPLE WHO HAVE TO PAY THE 50% BECAUSE THEY DON'T QUALIFY FOR ANY DISCOUNTS, UM, IT WOULD BE NICE IF THEY WERE ABLE TO DO IT, IF IT'S A COST CONCERN OF THEIRS.

OKAY.

IDEAS, QUESTIONS AS THE 50 50 SOUNDS GOOD TO ME IN THAT WHEN YOU TAKE, WHEN YOU CONSIDER ALL OF THE DIFFERENT COST SHARES, IT'S AVERAGING 70 30.

I I, I COULD GO EITHER WAY.

IF, YOU KNOW, IF THE COMMITTEE FELL, WE NEED TO GO TO 70 30, FINE, BUT I'M, I'M, I'M FINE ALSO WITH THE 50 50.

OKAY.

I'M FINE WITH 50 52.

I JUST WANTED TO PUT IT OUT THERE AS YOU KNOW, SOMETHING TO LOOK AT.

OKAY.

I HAVE A BUNCH OF QUESTIONS, SO I MAY HAVE AN ANSWER TOO.

OH YEAH.

WELL, AND IF NOT, YOU CAN JUST MAKE 'EM UP.

NO, WE'LL MAKE UP QUESTIONS.

YOU MAKE UP ANSWERS, SO HAVE 'EM OUTTA HERE.

ALL RIGHT.

UM, SO THE SLIDE SIDEWALK BOND FUNDING OPTIONS FOR EXPENDITURES, UH, THERE WE GO.

UM,

[00:15:02]

SO WE HAVE THE 50 50 COST SHARE PROGRAM PLUS DISCOUNTS, ARTERIAL REPAIRS THAT WE JUST HANDLE AS A CITY, THE PARTNER WITH NA, NEIGHBORHOOD VITALITY TO PARTICIPATE WITH WHERE THE HEART IS PROGRAM.

UM, NOW MY UNDERSTANDING OF WHAT WE WERE DISCUSSING WITH THIS WOULD BE THAT THAT WASN'T NECESSARILY REPLACING THE SIDEWALKS.

THIS WOULD BE REPAIRING ANY SECTIONS THAT NEEDED.

SO THAT CAUSED ME TO, TO WONDER WITH THE AMOUNTS, UM, LISTED BECAUSE WE, WE TALKED ABOUT THE, UM, PROJECTED COSTS THAT WENT UP OVER $400,000 FOR THE ONE WHERE THE HEART IS 450, WHICH IS MORE THAN WE'RE TALKING ABOUT IN AN ENTIRE YEAR IN THAT ONE NEIGHBORHOOD.

SO WAS THAT FOR, IT SAYS COST TO REPLACE? WELL, IT'S, IT IS TO REPLACE THE FAILED SECTION.

MAYBE THAT'S NOT WORDED.

IT'S TO COST TO REPAIR THE ACTUAL, REPLACE THE ACTUAL FAILED SECTIONS, BUT NOT TO REPLACE THE ENTIRE LENGTH OF ALL THE SIDEWALKS IN THE NEIGHBORHOOD.

I DON'T KNOW WHAT THE WHOLE LENGTH OF SIDEWALKS ARE IN THAT NEIGHBORHOOD, BUT I'M SURE IT'S 30 TO 40,000 LINEAR FEET OF SIDEWALK THAT ARE IN THAT, WITHIN THAT NEIGHBORHOOD.

CUZ THERE ARE SEVERAL STREETS WITHIN THE NEIGHBORHOOD.

UM, BUT YEAH, THAT, THAT'S, THAT 907 9,745 IS, IS MARKING INDIVIDUAL.

HE WOULD ACTUALLY MARK INDIVIDUAL SECTIONS.

THAT'S NOT THE ENTIRE LENGTH OF EVERY STREET.

THAT, THAT WAS MY QUESTION.

SO GIVEN THIS, YOU KNOW, MY, MY CONCERN WOULD BE IF WE MOVE FORWARD SINCE WHERE THE HEART IS IS A NEIGHBORHOOD A YEAR, AND IF WE ONLY SET ASIDE $400,000 FOR THAT PROGRAM FOR THE REPAIRING SIDEWALKS WITHIN THOSE BOUNDARIES, UM, WE'VE ALREADY SHOPPED PAST THAT.

THE TOP OF THAT, JUST WITH THAT ONE PROGRAM FOR ONE NEIGHBORHOOD FOR A YEAR, I BELIEVE THEY TYPICALLY ONLY, IF I'M NOT MISTAKEN, THEY ONLY DO ONE OF THOSE A YEAR.

THAT'S WHAT I'M SAYING.

BUT IT, BUT IF IT'S, IF IN THAT NEIGHBORHOOD IT WAS OVER $400,000 TO DO THE KIND OF REPAIRS WE'RE TALKING ABOUT DOING WITH THIS PROGRAM, THEN THAT WOULD EAT UP.

SO IN THE RECOMMENDATIONS, UM, WHEREAS, UH, SORRY, WE, YEAH, WE ANTICIPATE, AND THESE ARE, THESE ARE BASED ON PROJECTIONS OF WHERE WE'RE GONNA BE AND WHAT WE MIGHT HAVE AVAILABLE.

IF WE DON'T SPEND AS MUCH ON THE 50 50 SHARE PROGRAM, THEN THAT MONEY'S AVAILABLE FOR THE, WHERE THE HAR THIS PARTICULAR YEAR, LIKE I SAY, WE, WE FELT LIKE WE COULD ABSORB THE WHOLE FOUR 50 BECAUSE THERE IS THAT ROLLOVER FROM PREVIOUS YEARS MM-HMM.

.

SO EVEN BY SPENDING THE FOUR 50, WE WOULDN'T, WE PROBABLY WON'T EXPEND ALL OF THAT 900, $3,000 THAT WAS DESIGNATED FOR THIS YEAR.

SO THERE MAY BE SOME CONTINUING ROLLOVERS THAT WILL ALLOW US TO ADD TO THESE, TO THIS AMOUNT.

WE WERE JUST SAYING OUT OF THE GENERALLY TYPICAL 6, 7 50 YEAR, THIS IS WHERE WE COULD SPEND, BUT IF THERE ARE STILL ROLLOVERS AVAILABLE FROM PREVIOUS PRIOR YEARS, THEN THAT MONEY COULD BE AVAILABLE FOR NEIGHBORHOODS OR, OR THAT'S WHAT WE SAID.

IF IT DEPENDS ON, AND REALLY IT'S GONNA DEPEND EACH YEAR ON THE SIZE OF THE NEIGHBORHOOD, THE EXTENT OF REPAIRS NECESSARY.

AND THAT'S SOMETHING YOU PROBABLY WOULDN'T KNOW UNTIL YOU, YOU KNOW, DO THE EVALUATION ON THE YEARLY ON EACH EACH NEIGHBORHOOD EACH YEAR.

OKAY.

WELL, I GUESS, SO ON A PRACTICAL BASIS, SO WE'RE TALKING ABOUT HAVING PERHAPS $750,000 A YEAR ON AVERAGE FOR US TO USE AS WE ROLL ALONG.

AND, AND SO DOING IT LIKE THIS, SO THE 50 50 COST SHARE PROGRAM, THAT CAN BE A 90 10 OR AN 85, WHAT THAT TAKES ALL THOSE DIFFERENT, UM, CONFIGURATIONS DEPENDING ON WHETHER THEY'RE IN A CDBG AREA, WHETHER THEY'RE A SENIOR OR DISABLED.

UM, WHAT'S, WHAT'S THE OTHER OPTION? HOMESTEAD.

HOMESTEAD HOMESTEAD EXEMPTION.

THANK YOU.

UM, SO THERE'S, THERE'S LOTS OF WAYS.

UM, AND IT, I WAS GOING BACK OVER THE, YOUR, YOUR DISCUSSION BEFORE AND OUT OF THE SIDEWALK PARTICIPATION REQUESTS THAT ACTUALLY GOT LOGGED, UM, IN, IN CD CDBG AREAS DURING THE STUDY PERIOD, WE HAD 263 REQUESTS AND THEY WERE THEN TOLD WHAT IT WOULD COST THEM AND WE ENDED UP WITH A, A 29.4% PARTICIPATION WHERE THEY WENT THROUGH WITH IT, WHEREAS IN NON CDBG AREAS MM-HMM.

, IT WAS A 36 POINT 13% PARTICIPATION.

SO WE HAD A HIGHER, NOT SURPRISING.

YEAH.

I MEAN WE HAD A HIGHER UPTAKE IN OUR NEIGHBORHOODS THAT TEND TO HAVE MORE MONEY.

UM, AND LIKE, SAY SO FAR OF WHAT WE'VE GOTTEN NOW, I DON'T KNOW THAT THERE'S NOT SOME

[00:20:01]

OUT THERE, BUT WE'VE, OUTTA THE 2 35, WE'VE HAD 92, SO THAT'S WHAT, UH, A THIRD, YEAH.

ROUGHLY A THIRD OR A LITTLE LESS, A LITTLE MORE IN A THIRD OF THE PEOPLE THAT WE HAVE SENT REQUEST TO.

NOW I HAVEN'T BROKEN THOSE DOWN BY AREA OF TOWN.

THAT'S SOMETHING WE COULD DO IF YOU WANT US TO DO, BUT NO, I PROBABLY, IT PROBABLY DOESN'T DIFFER A WHOLE LOT FROM WHAT THE PREVIOUS NUMBER IS.

I MEAN, THAT WAS DONE OVER, MICHAEL HAD DONE THAT OVER SEVERAL YEARS, SO.

OKAY.

WELL JUST IN, IN, IN LOOKING AT THE, AND I REALLY APPRECIATE YOU GETTING BACK HARD NUMBERS AND LETTING US SEE THE ACTUAL COSTS AND WHAT, WHAT DIFFERENT THINGS WOULD COST AS WE'RE LOOKING AT AT OPTIONS.

UM, SO THE, THE OTHER PART THAT'S LUMPED IN HERE WITH WHERE THE HEART IS PROGRAM, UM, IT'S A SLASH IN CONJUNCTION WITH STREET REPAIRS.

AND ONE OF THE THINGS WE HAD DISCUSSED BEFORE WAS HAVING SIDEWALKS REPAIRED WHERE NEEDED TO MAKE, YOU KNOW, A, A BLOCK WALKABLE MM-HMM.

.

UM, IF, IF WE HAD, YOU KNOW, RECONSTRUCTION, IT'S ALREADY HAPPENING, BUT ON STREETS THAT ARE GETTING REHABBED OR STREETS THAT ARE GETTING ASPHALT OVERLAYS.

AND IT LOOKS TO ME LIKE IT'S AN EITHER OR BETWEEN, IF YOU PUT THAT TOGETHER WITH WHERE THE HEART IS, THERE'S NEVER GONNA BE ANY MONEY TO DO THESE THINGS ALL OVER THE CITY WITH STREET REPAIRS.

THAT'S REALLY GONNA DEPEND UPON THE, THE, THE SCOPE OF THE, WHERE THE HEART IS.

THE ONE THING IS IN, IN AREAS WHERE WE WOULD DO STREET REPAIRS, THOSE ARE GENERALLY THE 70 TO TO A HUNDRED.

SO THE STREETS ARE GENERALLY IN BETTER CONDITION, THE SIDEWALKS TEND TO BE IN BETTER CONDITION.

SO THE PERCENTAGE OF SIDEWALK, I DON'T THINK WOULD BE ON, ON A RELATIVE BASIS, WOULDN'T BE ANYWHERE AS MUCH AS IT IS IN, IT'S WHERE THE HEART NEIGHBORHOOD IS.

SO, OKAY.

BUT I MEAN, THAT'S ONE OF THOSE THINGS THAT UNTIL YOU GO OUT THERE AND MEASURE IT, YOU'RE REALLY NOT GONNA KNOW.

AND I DON'T THINK THAT THERE'S A CROSS THE BOARD THAT WE'RE REPAIRING A NEIGHBORHOOD.

IT'S REALLY GONNA DEPEND ON SOIL CONDITION AND A LOT OF HOW WELL THAT SIDEWALKS ARE BUILT.

I MEAN, THERE'S A LOT OF FACTORS THAT'S GONNA DETERMINE HOW MUCH AND HOW MANY TREES ARE, HOW MANY TREES ARE IN THE PARKWAY THAT, THAT ARE CAUSING ROOT PROBLEMS. SO THAT'S, IT'S, IT'S HARD TO PUT A BLANKET NUMBER OR LOOK AT AN AVERAGE PERCENTAGE IN ANY ONE NEIGHBORHOOD TILL YOU ACTUALLY GO OUT THERE AND DO THE MEASUREMENT.

OKAY.

WELL I GUESS HERE, HERE'S MY THOUGHTS AND AND COMMITTEE MEMBERS.

THIS, THIS IS, THIS IS JUST A, A JUDGMENT CALL FOR US TO MAKE AND, AND THEN FOR THE LARGER COUNCIL TO MAKE.

BUT IT LOOKS TO ME, TO ME, IF WE'RE LOOKING AT, WE CONTINUE THE COST SHARE PROGRAM, WE FUND IT.

UM, CHRIS, DID YOU HAVE SOMETHING YOU WANTED TO JUMP IN WITH? I DO.

I WILL STOP RIGHT THERE.

GO FOR IT.

.

I'M SO SORRY.

UM, SO IN MEETING WITH THE, UH, NEIGHBORHOOD VITALITY GROUP THIS MORNING, UM, ONE OF THE THINGS THAT WE TALKED ABOUT IS THIS IS PROBABLY ONE OF THE LARGER NEIGHBORHOODS THAT IS TYPICALLY A PART OF THAT PROGRAM.

UM, TYPICALLY THOSE, THOSE, UH, NEIGHBORHOODS ARE ABOUT ONE HALF TO TWO THIRDS THIS SIZE.

SO WE CAN ANTICIPATE THAT THE AMOUNT OF MONEY THAT WOULD BE EXPENDED, YOU KNOW, PARTNERING WITH THAT, EXCUSE ME, PARTNERING WITH THAT DEPARTMENT, UM, WOULD BE A LOT LESS THAN THIS $450,000.

AND I WANT IT TO BE SURE THAT WE WERE WORKING WITH, YOU KNOW, ALL OF THE INFORMATION WHEN MAKING THAT DECISION.

OKAY, THANK YOU.

AND THAT, THAT IS HELPFUL BECAUSE IT, IT WAS LOOKING TO ME LIKE WE MIGHT NEED TO LOOK AT, AT EITHER OR EITHER DOING THIS WITH WHERE THE HEART IS AND LOOKING AT THAT $400,000 POP BEING MOSTLY USED UP IN THAT ONE NEIGHBORHOOD EACH YEAR, WHICH IS A SLOW WAY TO GET IT OUT TO THE REST OF THE CITY.

OR, AND I, I WOULD REALLY PREFER THE IN CONJUNCTION WITH STREET REPAIRS TO BE ITS OWN ITEM, NOT JUST, UM, OR IN CONJUNCTION WITH STREET REPAIRS, WHICH IS CITYWIDE AND IT'S BASED ON WHERE, UH, THE STREET DEPARTMENT IS ACTUALLY MAKING, UH, STREET REPAIRS.

AND YOU KNOW, THAT'S IN PRETTY MUCH ACROSS THE CITY IN ALL THE DISTRICTS THAT HITS A LOT OF STREETS THAT NEED REHAB OR ASPHALT OVERLAYS.

SO I DON'T THINK THAT WOULD BE AS EXCLUSIVE.

I'M ALSO THINKING OF POLITICAL THINGS WITH COUNCIL .

UM, THAT WOULDN'T BE AS EXCLUSIVE TO SAY, WELL, YOU KNOW, MY DISTRICT OR YOUR DISTRICT OR YOUR DISTRICT WON'T SEE VALUE FROM WHERE THE HEART IS FOR MAYBE YEARS OR EVER.

UM, SINCE IT'S ONLY ONE NEIGHBORHOOD A YEAR.

IF IT'S A SMALLER AMOUNT WHERE IT'S NOT AN EITHER OR, BUT WHERE WE'RE LOOKING AT, WE COULD BE DOING BOTH AT THE SAME TIME THEN THAT'S WONDERFUL.

UM, AND THAT'S WHERE WE HAD STARTED OUT LOOKING.

UM, SO I WILL STOP THEIR, UM, COMMITTEE MEMBERS.

WHAT ARE, WHAT ARE YOUR THOUGHTS ON THAT? WE, WE HAD, WE HAD LOOKED AT THIS INITIALLY IF WE COULD AFFORD IT AND COULD FIGURE OUT

[00:25:01]

HOW TO PARSE THE MONEY IN DOING JUST THIS, TO HAVE A CERTAIN AMOUNT EACH YEAR, UM, KIND OF SET ASIDE FOR THE 50 50 COST SHARE, UM, A CERTAIN AMOUNT SET ASIDE FOR THE ARTERIAL REPAIRS, UM, A CERTAIN AMOUNT SET ASIDE FOR THE, WHERE THE HARDEST PROGRAM AND ALSO FOR, UH, SIDEWALK REPAIRS ALONGSIDE WHEREVER STREET REPAIRS GO ALL OVER THE CITY.

SO ARE WE STILL HAPPY WITH THAT? I AM.

I I REALLY JUST KIND OF WANNA KNOW HOW MUCH WE SPENT ON THE COST SHARE PROGRAM.

LIKE IN 2021, JUST IN ONE YEAR, BASED ON THE COST AND THE, AND I HADN'T, HADN'T PARED OUT IN DETAIL, BUT BASED ON THE AVERAGE COST AND THE NUMBER OF REQUESTS THAT WE'VE FULFILLED SO FAR, IT'S RIGHT AT ABOUT $300,000 THAT WE'VE SPENT IN THE LAST TWO YEARS.

RIGHT.

SO, UM, AND SOME OF THAT IS GETTING, AND THAT'S THE, THE RAW, THE THE GROSS COSTS.

AND SO SOME OF THAT'S GETTING RETURNED MM-HMM.

BACK IN THE FORM OF PAYMENTS.

SO THE ACTUAL COST THAT WE'RE OUT PROBABLY IS IN THE MORE CLOSER PROBABLY THE 200, 250 RANGE.

AND THAT'S OVER, IT'S BEEN NOW TWO YEARS THAT WE'VE TAKEN OVER THE PROGRAM.

OBVIOUSLY WE DIDN'T DO A WHOLE LOT THE FIRST YEAR, BUT WE HAVE, WE, WE ARE TO THE POINT NOW WHERE WE ARE CAUGHT UP WITH SIDEWALK REQUESTS AND SO WE ARE ADDRESSING THEM AS THEY COME IN.

AND AGAIN, 2021, THERE WERE ALMOST NONE OF THESE DONE.

SO THAT'S WHY THAT YEAR IS NOT A GOOD YEAR TO FACTOR IN.

RIGHT.

SO IT'S A GOOD QUESTION.

YES.

OH, GO AHEAD.

UM, I NEED MORE CLARIFICATION.

SO WHAT, WHAT YOU'RE SAYING, UH, MS. CHAIRMAN IS YOU WOULD LIKE TO SEE THOSE TWO PROGRAMS WHERE THE HEART IS AND, UH, THE STREET REPAIRS? NOT BOTH AND NOT EITHER ARE BUT NO, NOT BOTH.

AND BUT EITHER ARE, AND THEN THE 400,000, ARE YOU SAYING THAT YOU WERE BORN 400,000 TO BE, OR 200 TO BE OVER WITH THE WHERE THE HEART IS AND 200 TO BE IN THE STREET REPAIRS? HOW, HOW ARE YOU, HOW, HOW, WHAT ARE YOU SAYING IN THE WAY OF HOW YOU WOULD LIKE TO SEE THAT? I WAS SAYING, OKAY, HANG ON ONE SECOND.

I WILL CLARIFY.

SINCE HE WAS ADDRESSING THAT TO ME, I WAS INITIALLY THINKING EITHER OR BECAUSE OF THE COST OF THIS ONE NEIGHBORHOOD THAT WAS BROUGHT TO US.

BUT IT SOUNDS LIKE, UM, THAT IS A VERY HIGH COST AND THAT MANY OF THESE, SO I'M, I'M THINKING BOTH.

WE WANNA DO BOTH.

OKAY.

AND I GUESS THE 400 WOULD BE, I DON'T KNOW THAT IT WOULD BE SEPARATED BETWEEN THEM.

IT'D BE A COMMON POT.

SO, OH, THIS, IT'S REALLY SOUNDING LIKE, UH, REGARDLESS OF HOW THE MONEY IS SPENT, WE WE'RE TRYING TO ALLOCATE THE MONEY IN SUCH A MANNER AND AS YOU SAY, WITH OR WHERE THE HARD IS THE MONEY MAY DISTRIBUTED, UH, SLOWER THAN IT WOULD BE WITH THE OTHER.

BUT WE ARE TRYING TO SITUATE THIS FUNDS SUCH THAT WHEREVER THE MONEY IS NEEDED, IT'S GOING TO GO.

IN OTHER WORDS, IF WE HAVE SPENT MORE MONEY EVEN IN THE ARTERIAL REPAIRS, THIS ENTIRE PLAN RIGHT NOW IS SOUNDING TO ME LIKE IT IS ITSELF A COST SHARE BECAUSE IF WE HAVE NOT SPENT ALL THE MONEY IN THE 50 50 AND WE HAVEN'T SPENT IT ALL INTO ONE 50, WE'RE GONNA ALLOCATE THE MONEY WHERE IT'S NEEDED.

YES.

THAT'S WHAT I'M HEARING THAT BEING THE CASE, IT SOUNDS TO ME LIKE WHAT HE HAS ON THE BOARD ALREADY IS A PRETTY GOOD PLAN, UH, FOR US GOING FORWARD.

LIKE I SAY, THAT'S KIND OF THE AVERAGE.

I MEAN, REALISTICALLY EACH YEAR IT'S GONNA, I MEAN WE DON'T KNOW HOW MUCH WE'RE GONNA SPEND ON COST SHARE EACH YEAR UNTIL THE REQUESTS COME IN AND WE DON'T KNOW THE SIZE OF THE, WHERE THE HEART IS.

SO WHERE THE SIZE OF WHERE THE HEART IS MAY DETERMINE HOW MUCH MONEY IS AVAILABLE FOR OTHER, FOR NEIGHBOR OTHER NEIGHBORHOOD REPAIRS.

OKAY.

AND YOU'VE GOT SOMETHING TO SAY.

GO FOR IT.

.

SO ONE THING THAT MIGHT MAKE THIS A LITTLE BIT EASIER IS IF INSTEAD OF TRYING TO ASSIGN ACTUAL DOLLARS TO EACH LINE ITEM, IS THAT MAYBE YOU JUST PRIORITIZE AND THAT WOULD GIVE STAFF SOME DIRECTION AS FAR AS BEING ABLE TO SAY THEN THIS IS PRIORITY ONE, THIS IS PRIORITY TWO, PRIORITY THREE, ET CETERA.

AND THEN THAT WAY WE COULD LOOK AT WHAT'S ACTUALLY NEEDED FOR PRIORITY ONE FOR THAT PARTICULAR YEAR AND THEN USE THAT AS METHODOLOGY FOR MOVING FORWARD.

JUST A THOUGHT, , I, I, I THINK THAT'S A GOOD RATIONALE, BUT AT THE SAME TIME, THE PRIORITY, IT SEEMS TO ME IT'S GONNA BE WHERE THE NEED IS AND THAT BEING THE CASE AGAIN, YOU HAVE A PRETTY, NOW I'M A TEAM PLAYER, , AND IF THE COMMITTEE WANTS TO SEPARATE THE FUNDS AND, AND SOME, I'M, I'M OKAY WITH THAT.

BUT BASED ON WHAT I'M HEARING, I SEE RIGHT NOW THIS LOOKS LIKE A VERY VIABLE AND DOABLE PLAN.

I

[00:30:01]

AGREE, MARGARET.

MM-HMM.

, ANY, ANY THOUGHTS ABOUT PRIORITIZING VERSUS, I MEAN THE MONEY IS GOING TO SLIDE DEPENDING ON IF IT'S NOT USED, THERE'S IT, BUT THE PRIORITIZATION I THINK IS VALUABLE IN THAT WE WOULD NOT WANT WHERE THE HEART IS TO GET 750,000 EVERY YEAR AND THAT CAN, IF IT'S LEFT KIND OF AMORPHOUS, THAT COULD, THAT COULD NOT BE GOOD .

SO, AND BASED ON THE AMOUNT OF COST SHARE MONEY WE NEED AND BASED ON THE SIZE OF THE, WHERE THE HEART IS, WE CAN APPLY MORE TO IN CONJUNCTION REPAIRS, WE CAN APPLY MORE TO ARTERIS BECAUSE IN CONJUNCTION WITH STREET REPAIRS, I MEAN WE DO SIX, EIGHT NEIGHBORHOODS A YEAR, SO THERE'S NOT ENOUGH MONEY IN THERE TO DO ALL THOSE NEIGHBORHOODS.

SO YOU JUST TRY TO STRETCH IT AS FAR AS YOU CAN GO.

BUT ONE YEAR YOU MAY HAVE MORE MONEY AVAILABLE CUZ YOU'RE NOT SPENDING AS MUCH ON THE COST YEAR OR NOT SPENDING AS MUCH ON WHERE THE HEART IS.

SO I, I KIND OF THINK THESE ARE KIND OF FUNGIBLE NUMBERS THAT'LL HAVE TO MORPH TO WHAT THE NEED ARE, WHAT THE NEED IS.

I THINK THE NUMBERS KIND OF SET PRIORITY .

OKAY.

UM, DO YOU BELIEVE WE NEED TO, UM, ACTUALLY SET A PRIORITY TO KEEP THIS FROM GOING OFF IN THE WEEDS OR, I I LIKE THE PLAN.

I I THINK YOU ALL DID AN OUTSTANDING JOB IN COMING UP WITH THIS.

UM, AND THIS IS SOMETHING THAT I, I THINK THE COUNCIL HAS, UH, AS WITH PARKING MARSHALS PROGRAM HAS PICKED AT AND ANNOYED EACH OTHER WITH FOR YEARS.

AND I THINK YOU GUYS HAVE DONE AN OUTSTANDING JOB.

SO I I LOVE YOUR RECOMMENDATIONS.

I DON'T HAVE ANY FAULT TO FIND WITH IT.

MY, MY ONLY QUESTION WAS ABOUT THE SIZE OF THE, WHERE THE HEART IS PROGRAM, JUST BECAUSE IT SEEMED LIKE THAT WOULD WIPE OUT THE STREET REPAIR ELEMENT, BUT IT DOESN'T SOUND LIKE THAT'S WHAT WOULD HAPPEN.

SO I'M IN, UM, COMMITTEE, ARE WE READY TO MAKE THIS RECOMMENDATION FORMAL, SEND IT TO COUNCIL AND LET THEM ARGUE ABOUT IT? YES.

YES.

ALL RIGHT.

DONE.

WOULD YOU, WOULD YOU LIKE US TO SPLIT THE WEAR THE HEART TO CONJUNCTION MAYBE SPLIT HALF, HALF AND HALF JUST TO SHOW THOSE A SEPARATE CATEGORIES OR IS LEAVING THEM COMBINE, KIND OF LEAVE IT AMORPHOUS OR I WOULD PREFER IT TO BE SPLIT BECAUSE THE TWO THINGS AREN'T THE SAME.

OKAY.

, I MEAN, YOU KNOW, THE REALITY IS WHATEVER NUMBER YOU PUT IN THERE, IT'S GONNA, IT'S GONNA, DOESN'T MATTER.

IT'S GONNA BECOME WHAT IT BECOMES.

BUT, AND WE CAN CERTAINLY GOING FORWARD, SPLIT THAT INTO AND PROBABLY SPLIT THAT MONEY IN IN HALF OR, BUT TO MAKE EIGHT COUNCIL MEMBERS HAPPY TO KNOW THAT IT WON'T JUST BE ONE NEIGHBORHOOD OVER IN THAT DISTRICT.

I THINK IT WOULD BE WISE TO HAVE THESE CITYWIDE STREET REPAIR IN CONJUNCT.

I JUST THINK THAT WOULD BE WISE.

AND I THINK AS WE GO FORWARD, WE CAN LOOK AT, OKAY, WHAT, WHERE'S THE NA WHERE THE HEART NEIGHBORHOOD IS AND, AND TRY TO PLAN THESE REPAIRS FOR, FOR WHERE WE'RE WORKING IN WHAT OTHER DISTRICT? CUZ WE'RE GONNA HAVE TO PICK ONLY ONE OR TWO OF THESE NEIGHBORHOODS TO WORK IN EVERY YEAR.

CAUSE WE'RE JUST NOT HAVING ENOUGH MONEY TO DO ALL OF THEM.

WE NEED MORE RICH PEOPLE IN THE CITY OF GARLAND.

THAT'S WHAT WE NEED.

THANK YOU SO MUCH.

WELL DONE.

AND WE WILL GET THIS PUT ON A FUTURE AGENDA AND, UH, SEE HOW IT GOES.

APPRECIATE IT.

THANK YOU GUYS.

GOOD JOB.

GOOD WORK.

THAT'S ONE OF THOSE IMPOSSIBLE ONES.

I DID NOT THINK WE WOULD EVER SEE THE END OF .

ALL RIGHT, ONTO ITEM THREE, DISCUSS RENTAL PROPERTY PROGRAMS, ANOTHER IMPOSSIBLE ONE.

DISCUSS RENTAL PROPERTY PROGRAMS AND SHORT TERM RENTAL POLICY.

UM, BRIAN ENGLAND IS UP AND, UH, MR. ENGLAND HAS PREPARED FOR US A, UH, SHORT TERM RENTAL ORDINANCE SORT OF LIGHT AT, AT OUR REQUEST FROM THE LAST MEETING.

AND HE'S GONNA WALK US THROUGH THIS AND, UH, I'M GONNA, UM, TRY TO HIT THE HIGHLIGHTS FOR Y'ALL.

SOME OF THIS YOU, YOU WILL RECOGNIZE BECAUSE IT WAS A PART OF THE LAST DRAFT.

UM, BUT I DID SHORTEN THIS DRAFT AND I DID REMOVE SEVERAL AREAS THAT THE LAST DRAFT REGULATED THAT THIS ONE DOES NOT.

AND YOU'LL SEE SOME OF THAT, UM, AS, AS WE GO THROUGH.

UM, IF YOU TURN TO PAGE, UM, PAGE THREE OF THE DRAFT IN FRONT OF YOU, YOU'LL SEE THE DEFINITION THAT, UM, I GAVE SHORT TERM RENTAL.

AND, UM, IT'S, I BELIEVE THE SAME DEFINITION THAT Y'ALL SAW LAST TIME.

AND IT'S PRETTY STRAIGHTFORWARD.

IT MEANS A LAND USE LOCATED WITHIN A RESIDENTIAL ZONING DISTRICT OR WITHIN 200 FEET OF A RESIDENTIAL ZONING DISTRICT, WHICH HAS BEEN ADVERTISED AS AVAILABLE FOR RENT LEASE LICENSE FOR A USE FOR A PERIOD OF LESS THAN 30 CALENDAR DAYS OR TWO RENTED LEASE OR LICENSE TO A PERSON OTHER THAN THE OWNER FOR A PERIOD OF LESS THAN 30 CALENDAR DAYS.

AND, UM, THAT THAT 30 CALENDAR DAY HAS SOME, UM, UM, HAS SOME EFFECT IN STATE LAW IN REGARD TO TAXATION AND OTHER THINGS.

SO THAT'S THE REASON 30 CALENDAR DAYS THERE.

UM, IF YOU GO TO THE NEXT PAGE ON PAGE FOUR AND

[00:35:01]

THE, YOU'LL SEE WHERE IT TALKS ABOUT THE APPLICATION.

UM, AND ONE OF THE THINGS THAT THIS COMMITTEE WAS CONCERNED ABOUT IS PEOPLE WHO WERE CLAIMING HOMESTEAD EXEMPTIONS ON THESE RENTAL PROPERTIES AND THEY WERE NOT CLAIMING IT AS THEIR, UM, PRINCIPAL RESIDENTS.

UM, AND SO TO BE ELIGIBLE FOR A, UM, SINGLE FAMILY RENTAL PERMIT, UM, ONE OF THE THINGS THAT THEY'RE GONNA HAVE TO LOOK IN THE CONTENT OF THE APPLICATION FORM, THEY'RE GONNA HAVE TO PUT STATEMENTS THAT THAT SPEAK TO WHETHER OR NOT THEY'RE CLAIMING THIS PARTICULAR ADDRESS AS A HOMESTEAD OR IF THEY CLAIM ANOTHER ADDRESS AS A HOMESTEAD.

AND SO I WAS TRYING TO ADDRESS THAT SITUATION THAT THIS, UM, COMMITTEE WAS CONCERNED WITH ABOUT PEOPLE GETTING THE BENEFIT OF A HOMESTEAD EXEMPTION WHILE ALSO GETTING MONEY BECAUSE THEY'RE LEASING THE PROPERTY OUT.

AND SO THAT'S WHAT Y'ALL SEE ON PAGE FOUR THERE.

SKIPPING OVER TO, UM, UM, PAGE FIVE, THE BOTTOM OF PAGE FIVE, YOU'LL SEE THE DISTINCTION BETWEEN A SHORT TERM RENTAL AND ALSO, UM, UM, THAT OF TEMPORARY TENDENCIES.

SO THESE ARE, THIS IS THE SITUATION.

IF ON THE NEXT PAGE OVER YOU'LL SEE TEMPORARY TENDENCIES.

THIS IS THE SITUATION WHERE YOU HAVE SOMEONE SELLING THEIR PROPERTY OR BUYING PROPERTY AND THEY NEED 30 DAYS TO 60 DAYS WHERE THEY'RE LEASING IT OUT BECAUSE WHILE THE TRANSITION TAKES PLACE.

AND SO WE DIDN'T WANNA CAPTURE THAT INTO THE SHORT TERM, UM, UM, UM, RENTAL REGULATIONS, UM, BECAUSE THAT'S A PRETTY COMMON TRANSACTIONAL, UM, UM, UM, HAPPENS COMMON IN TRANSACTIONS IN THE SELL OF REAL PROPERTY.

AND SO IN SUBSECTION K IS WHERE WE GET KIND OF INTO THE NUTS AND BOLTS OF WHAT HAPPENS WHEN YOU HAVE A SHORT TERM RENTAL.

AND, UM, WE'RE HAVING PROBLEMS AT THE LOCATION.

AND SO WE ADDED SEVERAL PROVISIONS IN THE SUSPENSION OF HOW YOU SUSPEND THAT PERMIT.

AND, AND YOU'LL SEE IN THERE THERE ARE SEVERAL WAYS THAT A SINGLE FAMILY RENTAL PERMIT MAY BE TEMPORARILY SUSPENDED.

AND YOU'LL SEE IN THE NEXT SEC SECTION OVER, WE'LL GET TO IT HERE IN A MINUTE.

IT TALKS ABOUT PERMANENT REVOCATION OF THESE PERMITS.

AND SO WE'LL TALK ABOUT THAT NEXT.

BUT THIS IS JUST TEMPORARY SUSPENSIONS.

AND THESE ARE SOME OF THE WAYS IN WHICH A PERMIT CAN BE SUSPENDED.

IT'S ONE IS IF A LIVE SAFETY VIOLATION EXISTS ON THE PREMISES OF THE PREMISE, UH, OF THE PERMITTED SINGLE FAMILY DWELLING, WE CAN GO IN AND IMMEDIATELY SUSPEND IT ONCE WE GIVE NOTICE.

IF AFTER NOTICE IN A PERIOD OF CORRECTION AS PROVIDED BY 32 0 2 F A CRITICAL VIOLATION REMAINS ON THE PREMISES OF THE PERMIT, UM, PERMITTED SINGLE FAMILY DWELLING.

OR IF AFTER A CHANGE IN 10, NOT INCLUDING SHORT TERM RENTALS BECAUSE SHORT TERMINALS ARE HANDLED A LITTLE DIFFERENTLY, THE CITY HAS NOT RECEIVED A REQUEST FOR INSPECTION.

UM, AND SO TYPICALLY WITH RENTAL PROPERTIES AFTER THE TENANCY'S BEEN CHANGED, THE THE TENDENCY HAS BEEN CHANGED.

THEY HAVE TO HAVE A INSPECTION.

SO IF THEY DON'T DO THAT, THEN THAT IS CAUSE FOR SUSPENSION OF THE PERMIT.

AND THEN, AND, AND THEN IF YOU SEE SUBSECTION D, THIS IS WHERE THE REAL SUBSTANTIVE CHANGES START.

AND YOU NOTICE THE SUB SUBSECTION D YOU SEE WHERE WE DRAW A DISTINCTION BETWEEN POLICE CALLS BY THE OWNER OR MANAGER OF THE PROPERTY VERSUS NEIGHBORS OR OTHER PERSONS COMPLAINING.

CAUSE WHAT WE DON'T WANNA DO IS, IS DISCOURAGE, UM, UM, OCCUPANTS OR OWNERS OR MANAGERS FROM CALLING BECAUSE OF, OF OFFENSES AT LOCATIONS.

SO WHAT HAPPENS, Y'ALL MAY NOT BE AWARE OF THIS, BUT WHAT HAPPENS IN A LOT OF UMT ABC PERMITTED, UM, UM, BARS OR RESTAURANTS IS THEY REALLY, MANAGEMENT REALLY DOES NOT LIKE TO CALL THE POLICE.

CUZ EVERY TIME THE POLICE RESPOND TO A CALL FOR SERVICE, THIS LOCATION, THEY GET A POINT ON THEIR T ABC LICENSE.

AND SO WE DON'T WANNA DO THE SAME BY PASSING SOMETHING THAT DISCOURAGES THE OWNERS OR THE OCCUPANTS OF THESE LOCATIONS CALLING.

BUT WE DO WANT TO HAVE SOMETHING IN PLACE THAT IF A NEIGHBOR CALLS BECAUSE OF A CONSISTENT COMPLAINT THAT SHOULD SOMETHING THAT SHOULD COUNT AGAINST THEM, YOU KNOW, AND ULTIMATELY THAT COULD LEAD TO A SUSPENSION.

AND SO, UM, IF THEY, UH, IF SOMEONE ELSE CALL, UM, CALLS, UM, UM, ABOUT A COMPLAINT ON A SHORT TERM RENTAL MORE THAN THREE TIMES WITHIN A SIX MONTH PERIOD BECAUSE OF ALLEGED PROHIBITED CONDUCT.

AND, AND IT EXPLAINS LATER WHAT PROHIBITED CONDUCT IS, IS OCCURRING ON THE PREMISES.

AND AFTER THE RESPONDING OFFICERS DETERMINE THAT THERE IS PROBABLE CAUSE TO BELIEVE PROHIBITED CONDUCT HAS OCCURRED OR IS OCCURRING.

AND SO THAT'S SOMETHING THERE ARE POLICE OFFICERS DO EVERY SINGLE DAY IS DETERMINING PROBABLE CAUSE.

AND THAT'S BASICALLY MORE LIKELY THAN NOT, IT'S A 51% STANDARD.

SO IS IS THE PROHIBITED CONDUCT OCCURRING ON THE PROPERTY? THE OFFICER LOOKS AT WHAT'S HAPPENING.

HE, HE MAKES OBSERVATIONS, HE COLLECTS EVIDENCE, UM, HE WRITES IT IN HIS REPORT.

AND IF THERE'S A BETTER THAN 51% CHANCE THE PROHIBITED CONDUCT'S OCCURRING AND IT DOES IT THREE TIMES IN A SIX MONTH PERIOD, THEN THAT, UM, PARTICULAR PERMIT IS, UH, MAY BE SUSPENDED.

SECOND EXAMPLE IS IF THE PROPERTY IS RECEIVING A HOMESTEAD EXEMPTION AND THERE'S PROBABLE CAUSE BELIEVE THAT THE PROPERTY IS NOT THE OWNER'S PRINCIPLE

[00:40:01]

RESIDENCE OR THE OWNER OF THE PROPERTY IS RECEIVING A HOMESTEAD EXEMPTION ON ANOTHER PROPERTY LOCATED IN OR OUTSIDE THE STATE OF TEXAS.

AND SO THIS IS THE CASE WHERE WE CATCH WIND OF, OR WE HAVE, WE HAVE, WE HEAR RUMOR OF THAT THEY'RE CLAIMING IT AS A HOMESTEAD EXEMPTION OR WE'VE DISCOVERED ANOTHER PIECE OF PROPERTY THAT THE UM, OWNER HAS THAT HE'S ALSO CLAIMING AS A HOMESTEAD EXEMPTION.

WE CAN SUSPEND THE PERMIT FOR THAT.

UM, AND THEN ALSO F THIS ADDRESSES WHAT HAPPENS IF, UM, ONE OF THESE SHORT TERMINALS FAILS TO PAY THEIR, UM, HOTEL OCCUPANCY TAXES, UM, ON A TIMELY MANNER, THEN IT CAN BE SUSPENDED.

AND THEN NUMBER TWO, THE CITY SHALL NOTIFY THE HOLDER OF THE PERMIT IN WRITING, STATING THE REASONS IN ORDER TO SUSPEND IT, STATING THE REASON FOR WHICH, FOR WHICH THE PERMIT IS SUBJECT TO SUSPENSION AND STATING THAT THE PERMIT SHALL REMAIN SUSPENDED UNTIL SUCH TIME AS THE PROPERTY OWNER DOES.

ONE OF TWO THINGS EITHER PREVAILS IN AN APPEAL, SO HE, THEY APPEAL THE SUSPENSION AND THEY PREVAIL IN THAT APPEAL OR MEETS THE DIRECTOR OF CODE ENFORCEMENT, PAYS ALL OUTSTANDING FINES OR TAXES, ENTERS INTO A COMPLIANCE AGREEMENT WITH THE CITY AND SATISFY THE TERMS AND CONDITIONS OF THE COMPLIANCE AGREEMENT.

AND THOSE WILL BE DRAFTED IN SUCH A WAY TO, UM, ADDRESS THE SPECIFIC PROBLEMS THAT WHATEVER ADDRESS, UM, IS THE, UM, BEING THE PROBLEM ADDRESS AT THE TIME.

AND THEN IN SUBSECTION THREE, YOU'LL SEE THAT SOME OF THE THINGS THE COMPLIANCE AGREEMENT MAY ADDRESS, UM, INSPECTIONS, PARTIES PROHIBITED HOURS FOR OUTSIDE ACTIVITIES AND ANY OTHER VIOLATIONS THAT WERE BASIS FOR THE SUSPENSION.

AND SO YOU CAN ACTUALLY BE A LITTLE MORE RESTRICTIVE ON A PROBLEM LOCATION TO WHERE WE MIGHT HAVE TO RESTRICT SOME HOURS, UM, UM, OF OUTSIDE ACTIVITIES AND STUFF LIKE THAT BECAUSE WE'VE NOTED AT THAT POINT THERE IS A PROBLEM AT THE LOCATION.

SO, AND THEN, UM, WE GET INTO SUBSECTION M ON PAGE SEVEN, AND THIS IS WHERE YOU GET INTO THE PERMANENT REVOCATION OF THE PERMITS.

AND A SINGLE FAMILY RENTAL PERMIT MAY BE PERMANENTLY REVOKED AFTER THE CITY HAS PROVIDED AN OPPORTUNITY FOR A HEARING FOR THE FOLLOWING REASONS.

AND AGAIN, DUE PROCESS IS IMPORTANT AND PERMANENT REVOCATIONS BECAUSE, UM, UM, WE ARE TAKING A PROPERTY RIGHT FROM THEM AT THE POINT.

SO WE NEED SOME TYPE OF DUE PROCESS, NUMBER ONE FOR SERIOUS OR REPEATED VIOLATIONS OF ANY OF THE REQUIREMENTS OF THIS ARTICLE.

SO IF THEY'RE VIOLATING THE, UM, UM, UM, THIS ARTICLE IN THE CODE OF ORDINANCES FOR REPEATED VIOLATIONS, THEN UM, WE CAN, UM, REVOKE IT FOR INTERFERENCE WITH THE CITY OR ANY OF ITS AGENTS AND DEPORT PERFORMANCE OF THEIR DUTIES OR THREE OR MORE CRIMINAL CONVICTIONS FOR PROHIBITED CONDUCT OR OFFENSES RELATED TO THE OPERATION OF A SHORT TERM RENTAL, UM, WITHIN A 12 MONTH PERIOD.

NOW KEEP IN MIND CRIMINAL CONVICTIONS A LITTLE DIFFERENT THAN, UM, THE STANDARD THAT WE HAD MENTIONED EARLIER.

FOR SUSPENSION, THE SUSPENSION STANDARD IS JUST PROBABLE CAUSE MORE LIKELY THAN NOT.

CRIMINAL CONVICTIONS, OF COURSE, IS BEYOND A REASONABLE DOUBT AND IT'S A CONVICTION IN OUR MUNICIPAL COURT.

SO IF THEY GET THREE MORE CONVICTIONS AT THE LOCATION WITHIN A 12 MONTH PERIOD, THEN IT CAN BE PERMANENTLY REVOKED.

AND, BUT PRIOR TO REVOCATION, WE DO HAVE SOME NOTIFICATION OBLIGATIONS THAT I PLACED IN THERE BELOW THAT, AND YOU CAN SEE THOSE JUST BELOW.

AND THEN ON TOP OF THAT, WHAT HAPPENS IF WE SUSPEND OR TERMINATE OR PERMANENTLY REVOKE A PERMIT AND YET WE STILL FIND OUT THAT THEY'RE OPERATING A SHORT TERM RENTAL WITHOUT A PERMIT, WE CAN GO TO SUBSECTION P.

AND THIS IS SOMETHING THAT WE TYPICALLY USE IN COMMERCIAL ACTIVITIES, UM, COMMERCIAL PROPERTIES IN THE CITY WHEN WE'VE LEARNED THAT THERE'S CRIMINAL ACTIVITY OCCURRING ON THE PROPERTY.

WE'VE NEVER USED THIS BEFORE NOW ON RESIDENTIAL STYLE PROPERTIES, BUT SINCE THESE AREN'T SINGLE FAMILY RESIDENCES THAT WE'RE REALLY DEALING WITH, UM, WE'RE DEALING WITH RENTAL PROPERTIES, UM, AND SHORT TERM RENTALS ON THAT.

AND EVEN WITH THE OTHER RENTAL PROPERTIES, IT EXPANDS IT TO WHERE THE CITY MAY TERMINATE THE UTILITIES OF A PREMISES BEING OPERATED AS A SHORT TERM RENTAL AFTER A REVOCATION OR SUSPENSION OF THE SINGLE FAMILY PERMIT PURSUANT TO ABOVE SUBSECTION M.

AND THEN NUMBER TWO TELLS US WHEN IN THE EVENT THE CITY TERMINATES UTILITIES PURSUANT TO THIS SUBSECTION P THE UTILITIES SHOULD NOT BE REINSTATED UNTIL THE OWNER PREVAILS AN AN APPEAL OF THE TERMINATION OF THE UTILITIES.

AND OR UNTIL SUCH TIME AS THE PROPERTY OWNER MEETS THE D WITH THE DIRECTOR OF CODE ENFORCEMENT PAYS ALL THE FEES AND FINES AND ENTERS INTO A COMPLIANCE AGREEMENT.

UM, THE COMPLIANCE AGREEMENT SHALL AMONG OTHER THINGS, ADDRESS THE SAME THING AS BEFORE, UNLAWFUL USE OF THE PREMISES AS SHORT TERM RENTAL AND ANY OTHER VIOLATIONS THAT WERE THE BASIS OF THE SUSPENSION.

AND HOWEVER, NUMBER FOUR, YOU'LL SEE A PREMISE YOU'LL NO LONGER BE ELIGIBLE USED AS SHORT TERM RENTAL IF THE CITY HAS TERMINATED UTILITIES OF THE PREMISES PURSUANT TO THIS CHAPTER.

AND THE PROPERTY STANDARDS BOARD HAS NOT OVERTURNED THE CITY'S DECISION AND SO THEY AREN'T ABLE TO USE IT AS A SHORT TERM RENTAL, BUT WE'RE NOT TAKING ALL ECONOMIC VALUE FROM THE PROPERTY BECAUSE, UM, THEY CAN GET THE UTILITIES

[00:45:01]

TURNED BACK ON.

THEY JUST CAN'T USE IT AS A SHORT TERM RENTAL.

THEY CAN USE IT AS A NORMAL RENTAL PROPERTY IF THEY WOULD LIKE TO DO.

THATS.

UM, AND THEN THE NEXT ARTICLE GETS INTO SPECIFICALLY SOME OF THE ISSUES THAT ARE ASSOCIATED WITH SHORT TERM RENTALS.

AND IF YOU'LL GO TO, I THINK THE, UM, INTERESTING PARTS, REALLY THE THINGS THAT Y'ALL TOOK NOTICE OF IS, UM, SECTION 26.62 AT THE BOTTOM OF PAGE NINE, THERE'S A LANDLINE THAT'S REQUIRED.

AND THIS IS, SO OUR 9 1 1 OPERATORS, IF THERE IS A PROBLEM OR IF THE POLICE NEED TO GET IN TOUCH WITH A RESPONSIBLE PARTY AT THE LOCATION THEY HAVE IN LINE, THEY CAN ACTUALLY CALL AND, UM, GET, GET AHOLD OF, UM, A PERSON AT THE PROPERTY IN SECTION ONE PAGE OVER AT TOP OF PAGE 10, SECTION 26 POINT 63, UM, CONTACT INFORMATION PROVIDED TO NEIGHBORS.

THIS JUST MEANS THAT THE OWNER OF THE PROPERTY OR THE MANAGER HAS TO PROVIDE CONTACT INFORMATION, UM, OF SOMEONE RESPONSIBLE FOR THE PROPERTY TO ANY ADJOINING PROPERTY OWNERS, INCLUDING ACROSS THE STREET AND CADDY CORNER.

AND SO BASICALLY THAT JUST MEANS THAT THEY HAVE TO GO OVER, PUT A CARD, UM, ON THEIR, UM, DOOR OR KNOCK AND SAY, HEY, THIS IS, I, THIS IS A SHORT TERM RENTAL HERE.

SO IT IDENTIFIES THE PROPERTY AS A SHORT TERM RENTAL.

THIS IS THE CONTACT INFORMATION FOR IF YOU HAVE PROBLEMS WITH THE PROPERTY, PLEASE FEEL FREE TO CALL THIS NUMBER HERE AND WE'LL MAKE SURE THAT, UM, UM, WE'LL BE AVAILABLE TO ADDRESS ANY, UM, PROBLEMS THAT OCCUR AT THE PROPERTY.

I CAN'T REMEMBER WHICH CITY DID THAT, BUT I SAW THAT AND I LIKED IT AND SO I, I THREW THAT IN THIS MM-HMM.

, UM, 26 POINT 64.

IT TALKS ABOUT, Y'ALL HEARD ME TALK ABOUT PROHIBITED CONTACT, UM, CONDUCT THROUGHOUT THE SUSPENSION AND THE REVOCATION SECTIONS.

AND THIS IS JUST SOME EXAMPLES OF PROHIBITED CONDUCT OF, OF, OF EXPRESS EXAMPLES WHERE IN OTHER PLACES IN THE CODE ONE IS SOUND AMPLIFICATION ON VEHICLES, AND THIS IS FOR THE SITUATION WHERE YOU HAVE VEHICLES PARKING AT THE LOCATION AT OR NEAR THE LOCATION AND YOU HAVE SOUND AMPLIFICATION COMING FROM THAT, THAT VIOLATES, UM, OUR NOISE ORDINANCE.

AND NUMBER TWO SIMILAR TO THAT, BUT THIS IS NOISE CONTROL IN THE GENERAL SENSE AT THE LOCATION ITSELF.

IF THEY'RE HAVING A PARTY, THEY'RE PLAYING LOUD MUSIC OR IF THEY'RE JUST BEING TOO LOUD IN GENERAL AND IT VIOLATES THAT SECTION OF OUR CODE OF ORDINANCES, THEN THAT'S PROHIBITED CONDUCT AND COULD BE A POINT AGAINST THEM IF THE OFFICER SHOWED UP AND, UM, OBSERVED THE CONDUCT AND HAD PROBABLE CAUSE TO BELIEVE THAT IT WAS INDEED A VIOLATION.

AND THEN FIREWORKS IS ANOTHER ONE.

UM, AND THEN FOUR IS MORE OF A CODE ENFORCEMENT ISSUE.

IT'S PROPERTY MAINTENANCE AND NUISANCE ABATEMENT.

SO IF THE PROPERTY'S NOT BEING PROPERLY TAKEN CARE OF AND IT VIOLATES OUR, UM, UM, NUISANCE ORDINANCES, THEN THAT IS ALSO PROHIBITED CONDUCT.

AND THEN POSSESSION OF ALCOHOL BY A MINOR AT THE LOCATION THAT IS ALSO PROHIBITED CONDUCT.

AND THEN, UM, ANY VIOLATION OF CATCH ALL OF STATE OR FEDERAL LAW THAT IS CLASSIFIED AS A CLASS B MISDEMEANOR OR HIGHER IS, UM, UM, ALSO PROHIBITED CONDUCT.

ANY QUESTIONS UN PROHIBITED CONDUCT.

I SO YOU HAVE NOISE IN HERE.

I MEAN, IS IT, DO YOU THINK IT'S NECESSARY TO ADD LIGHT? BECAUSE SOMETIMES PEOPLE HAVE LIKE BIG LIGHTS GOING ON, STROBE LIGHTS, SOMETHING LIKE THAT, THAT MIGHT GET INTO AN ADJACENT NEIGHBOR'S, UH, WINDOW THAT WOULD BE VERY DIFFICULT.

I COULD DO IT, BUT LIGHTING AND LIKE SIGN, IT'D BE SIMILAR TO WHAT WE DO WITH THEIR SIGNS.

WE HAVE LIGHTING PROVISIONS IN THE, IN THE CODE OF ORDINANCES.

OKAY.

IT'S NOT GONNA BE LISTED AS PROHIBITED CONDUCT.

WE COULD, I COULD, I COULD LOOK AT THE POSSIBILITY.

I, I HAVEN'T HEARD COMPLAINTS OF THAT, BUT DOESN'T EITHER, BUT I JUST KIND OF WANNA COVER ALL BASES AND I DON'T REALLY KNOW IF IT'S NECESSARY OR NOT.

UM, I'LL LOOK AT IT.

UM, THEY PROBABLY GO HAND IN HAND, SO IF THERE'S NOISE GOING ON THERE AND LIGHTS, THEN THE, IT CAN PROBABLY BE AB ABATED JUST BY, YOU KNOW, ADDRESSING THE NOISE ISSUE.

SO YEAH.

BUT I WAS, I WAS SITTING HERE THINKING AND, AND WANTED TO PAUSE AND JUST ASK BOTH OF YOU.

SO THIS IS, TO ME, THIS IS RATHER BRILLIANT WHERE WE'RE NAMING OUT THINGS THAT ARE ALREADY ORDINANCES, RIGHT? SO WE'RE NOT MAKING UP NEW THINGS THAT THE STATE IS, UM, WELL EASILY AT LEAST ABLE GOING TO DISREGARD.

BUT I WAS TRYING TO THINK WHAT ARE THE OTHER, WHAT ARE THE OTHER THINGS THAT WE, UH, GET COMPLAINTS ABOUT? AND OF COURSE IT'S PARKING AND THAT REALLY ISN'T, UM, I LIKE THE AMPLIFICATION WITH SOUND AMPLIFICATION WITH VEHICLES.

BUT WE ALREADY TALKED BEFORE ABOUT THE DIFFICULTIES IN, UH, RESTRICTING PARKING AS YOU KNOW, RELATED TO A SINGLE HOME.

AND CAN YOU THINK EITHER OF YOU, ANYTHING ELSE COME TO MIND THAT WE COULD THROW IN HERE THAT'S ALREADY AN ORDINANCE THAT WE, I'M JUST THINKING EVERY 4TH OF JULY.

I MEAN GUNSHOTS, BUT I MEAN, COME ON.

WE SHOULDN'T REALLY HAVE TO TELL 'EM THEY CAN'T BE SHOOTING GUNS.

[00:50:01]

.

THE ONLY OTHER THING I CAN THINK OF IS MAYBE SOMETHING TO DO WITH ANIMALS AND LOUD, UM, ANIMALS BARKING.

I MEAN, IF PEOPLE LEAVE DURING THE DAY, SOMETIMES THEY'RE, THEIR DOGS BARK A LOT, YOU KNOW, I, THAT'S REALLY, I I THINK ALL THE BASES HAVE BEEN COVERED.

UM, THAT'S THE ONLY THING I CAN THINK OF THAT IS ACTUALLY AN INTERESTING THOUGHT.

I HAVEN'T HAD THAT COMPLAINT WITH SHORT TERM RENTALS YET, BUT I CERTAINLY DO WITH SINGLE FAMILY RENTAL HOMES WHERE PEOPLE GO OFF TO WORK AND THEY HAVE A DOG AND THEY LEAVE IT OUTSIDE AND IT BARKS.

AND WE DO HAVE LAWS AGAINST THAT.

WE DO.

AND THE QUESTION WOULD BE, IF Y'ALL WANT TO CON INCLUDE THAT IN PROHIBITED CONDUCT, THE IDEA WITH THE PROHIBITED CONDUCT IS THAT WE'RE TARGETING VIOLATIONS OF OUR CODE THAT ARE FREQUENTLY, THAT ARE THE FREQUENT BASIS OF COMPLAINT TOWARD THESE SHORT TERM RENTALS.

YEAH.

AND SO WHAT, I GUESS WHAT WE'RE TRYING TO, WHAT YOU MIGHT BE TRYING TO AVOID IS JUST DOING ALL ENCOMPASSING, IF YOU MAY HAVE THREE VIOLATIONS OF OUR CODE OF ORDINANCE IS THEN WE'RE GONNA TAKE YOUR, UH, LICENSE AWAY FROM YOU.

CAUSE THAT, THAT LOOKING ON THE OUTSIDE, THAT APPEARS LIKE, WELL, Y'ALL ARE JUST LOOKING FOR ANY VIOLATIONS OF ORDINANCE AND THERE'S A LOT OF, LOT OF SINGLE FAMILY RESIDENCES OUT THERE THAT HAVE THREE VIOLATIONS OF ORDINANCES EVERY YEAR.

AND SO RIGHT.

OKAY.

UM, I MEAN, SO THERE'S A, THERE'S A WAY TO REGULATE WITHOUT OVERREGULATE AND APPEAR LIKE WE'RE BEING DRACONIAN, I GUESS.

AND SO, UM, WE, WE MIGHT BE SELECTIVE.

UM, BUT AGAIN, THAT'S Y'ALL'S CALL ON THAT REALLY, I MEAN, I'M COMFORTABLE WITH ANY OF, I'M HAPPY WITH, I'M HAPPY WITH IT AND I'M APPRECIATIVE OF, OF, UH, WHAT YOU DID AND WHAT YOU EXTRACTED HERE TO, TO MAKE A LAUNDRY LIST.

SO I LIKE THE CONTACT INFORMATION THING.

MM-HMM.

, GOOD JOB.

AND THEN 26 65 BON IN THE MIDDLE OF PAGE 11 IS BASICALLY IS TREATING THIS LIKE WE DO OUR THEATERS IN OUR, IN OUR BOWLING ALLEYS AND OTHER PLACES WHERE TEENAGERS, UM, CONGREGATE AFTER A CURFEW.

AND IT'S SAYING THAT, LISTEN, IF YOU'RE A MINOR, UM, YOU, YOU DON'T GET TO HANG OUT AT A SHORT TERM RENTAL UNLESS YOU HAVE A PARENT.

UM, IF IT'S DURING CURFEW HOURS, GOOD.

AND SO THAT WILL REDUCE THE PARENTS WHO RENT THESE BBOS FOR, UM, HOMECOMINGS AND ALLOW KIDS TO STAY OVER WITHOUT, UM, WITHOUT THEIR PARENTS.

UM, UM, AT LEAST, AT LEAST GIVE US AN OPPORTUNITY TO HAVE SOME KIND OF ENFORCEMENT MECHANISM IN PLACE TO ADDRESS THAT WHEN THAT DOES HAPPEN.

AND THEN THE 26 POINT 66 IS THE CRIMINAL OFFENSE.

IT JUST, IT'S THE, IT'S ACTUALLY THE OPERATIVE PROVISIONS OF THE ORDINANCE.

IT TALKS ABOUT HOW THE OWNER COMMITS AN OFFENSE IF HE ALLOWS, SUFFERS, AND THAT'S A KEY ONE, OR OPERATES A SHORT TERM RENTAL WITHOUT A VALID SINGLE FAMILY PERMIT FOR THE PREMISES ON WHICH THE SHORT-TERM RENTAL USE OCCURS.

AND THEN TWO OR B AN OWNER COMMITS AN OFFENSE IF HE ALLOWS, SUFFERS OR OPERATES A SHORTTERM RENTAL AND FAILS TO PROVIDE THE CITY OF GARLAND WITH ACCURATE AND UP TO DATE REGISTRATION INFORMATION.

AND THEN A RESPONSIBLE PARTY, WHICH INCLUDES THE OWNER BY THE WAY.

IT, IT INCLUDES THE OWNER, THE MANAGER, THE PERSON RENTING IT, IT COMMITS AN OFFENSE IF HE VIOLATES, ALLOWS OR SUFFERS A VIOLATION OF ANY PROVISION OF THIS ARTICLE BY MANAGER, HOST, RESIDENT GUEST PATRON, INVITE TO YOUR CLIENT AT THE SHORT-TERM RENTAL.

AND SO WE CAN ACTUALLY GO AFTER THE OWNER, EVEN IF HE'S AN ABSENTEE OWNER.

UM, AND THEN A PERSON COMMITS AN OFFENSE IF HE IS A GUEST BODY PATRON OR MANAGER, HOST OR CLIENT OF A SHORT-TERM RENTAL AND COMMITS PARTICIPATES IN, ALLOWS OR SUFFERS ANY PROHIBITED CONDUCT ON THE PREMISES OF A SHORT TERM RENTAL.

AND, UM, AND THE SOUND AMPLIFICATION ON OR WITHIN 500 FEET OF THE PROPERTY LINES OF THE VEHICLES ASSOCIATED WITH THE, UM, PROPERTY.

GREAT.

I THINK IF YOU'VE DONE AN EXCELLENT JOB HERE, UH, IDENTIFYING THESE DIFFERENT PROHIBITED, UH, CONDUCTS AND I WOULD'VE SUPPORTED , I WOULD'VE SUPPORTED YOUR LIGHTS, UH, YOUR PARKING EVEN ANIMAL.

AND THE REASON IS, AGAIN, WHAT WE'RE DOING NOW IS WE'RE TAKING ORDINANCES THAT ALREADY THERE AND ALL THAT IS, IS A MATTER OF INK AND PAPER .

IT'S NOT A MATTER OF TRYING TO REINVENT THE WHEEL, BUT THOSE ARE THINGS, THE LIGHTS, FOR EXAMPLE.

YES.

THERE'S LOUD OF MUSIC WE PARTING, WE GOT LIGHTS GOING ON, BUT, UH, I WOULD KIND OF LEAVE THAT TO YOU, SIR, THAT THAT'S, IT'S REALLY, I'M I'M OKAY WITH THE LIGHTS.

I MEAN, YEAH.

YEAH.

I DON'T, I GUESS I'M, I DON'T GET OUT ENOUGH TO PARTIES WHERE THERE'S A BUNCH OF LIGHTS , BUT I'M INTERESTED RIGHT.

MY PARTYING IN THE DARK.

ALL RIGHT.

OKAY.

THAT'S GOOD.

ALL RIGHT.

BUT, UH, IF, IF THAT'S SOMETHING THAT YOU ALL WOULD LIKE TO SEE, I WOULD CERTAINLY SUPPORT THAT.

SO IT'S UP TO YOU.

OKAY.

I, I'M, THE ONLY THING IS THAT I'M, I'M RELUCTANT TO REALLY ADD ANYTHING.

I MEAN, THERE ARE IDEAS, BUT I WANNA KEEP IT AS SIMPLE AS POSSIBLE SO THAT IT WILL GET THROUGH COUNCIL,

[00:55:01]

QUITE HONESTLY.

AND, AND I, I LIKE WHAT'S HERE AND I'M HAPPY MOVING IT ON TO THEM TO TAKE A LOOK.

THAT'S THE ONLY REASON I'M RELUCTANT TO ADD THOSE THINGS.

UM, JUST BECAUSE I WANT, WE CAN ALWAYS CHANGE THINGS LATER.

AND,