Jan 25, 2022 City Council

[Call to Order, Invocation, and Pledge of Allegiance.]

[00:00:06]

. >> EVERYBODY, WELCOME TO THE MIDLOTHIAN CITY COUNCIL MEETING, JANUARY 25TH, NOW 6:04 P.M.

WE WILL START THIS MEETING. I'M TED MILLER, MAYOR PRO TEM, MIDLOTHIAN, AND WHEN THE MAYOR IS OUT OF TOWN, I HAVE TO DO HIS JOB. HE IS OUT OF TOWN FOR A FUNERAL.

BE GONE THE REST OF THE WEEK. IF YOU HAVE ANY QUESTIONS, JUST HOLLER AT ME OR GET HIM NEXT WEEK.

FIRST THING, JUSTIN. >> LET'S PRAY.

FATHER, WE THANK YOU FOR TECHNOLOGY AND MORE IMPORTANTLY WE THANK YOU FOR THOSE THAT CAN FIX TECHNOLOGY.

GOD, WE IN ALL SERIOUSNESS, WE GIVE YOU THIS MEETING TO YOU, THANK YOU FOR ALL THE BLESSINGS YOU BESTOWED ON OUR COMMUNITY.

WE CONTINUALLY PLAY FOR OUR POLICE DEPARTMENT, FIRE DEPARTMENT. WE PRAY TODAY WOULD BE A GOOD DAY FOR THEM AND THEY WOULD BE ABLE TO DO THEIR JOBS AND SERVE OUR CITIZENS WELL AND CONTINUE TO DO SO, GOD, WE GIVE THIS MEETING TO YOU, THANK YOU FOR THIS TIME.

HELP US MAKE DECISION THAT IS WOULD REFLECT YOUR GLORY ON YOUR COMMUNITY, IN CHRIST NAME WE PRAY, AMEN.

>> OKAY, HERE WE GO. THIS IS CITIZENS TO BE HEARD.

THE THE CITY COUNCIL INVITES CITIZENS TO ADDRESS THE COUNCIL ON ANY TOPIC NOT ALREADY SCHEDULED FOR A PUBLIC HEARING. CITIZENS WISHING TO SPEAK SHOULD COMPLETE A CITIZEN PARTICIPATION FORM AND PRESENT IT TO THE CITY SECRETARY NO LESS THAN FIVE MINUTES PRIOR TO THE START OF THE MEETING. SPEAKERS ARE LIMITED TO 3 MINUTES. IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, THE CITY COUNCIL CANNOT ACT ON ITEMS NOT LISTED ON THE AGENDA.

HOWEVER, YOUR CONCERNS MAY BE ADDRESSED BY CITY STAFF, PLACED ON A FUTURE AGENDA, OR RESPONDED TO BY SOME OTHER COURSE. CITIZENS NOT ATTENDING IN PERSON MAY SUBMIT COMMENTS

[Consent Agenda]

>> ALL RIGHT. ALL MATTERS LISTED UNDER CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION WITHOUT SEPARATE DISCUSSION. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY.

ANYONE WANT TO TAKE ANYTHING O OUT? AYE AYE MOVE TO APPROVE, A SECOND. PLEASE VOTE.

[2022-036]

>> NEXT THING ON THERE, ONE PUBLIC HEARING TONIGHT.

CONDUCT A PUBLIC HEARING AND CONSIDER AND ACT UPON A RESOLUTION AUTHORIZING THE CREATION OF THE WESTSIDE PRESERVE PUBLIC IMPROVEMENT DISTRICT WITHIN THE

CITY OF MIDLOTHIAN PURSUANT TO >> WE DID OPEN THIS PUBLIC HEARING BACK IN -- WE ANNOUNCED IT ON DECEMBER 14TH.

THIS IS FOR THE PUBLIC IMPROVEMENT DISTRICT AND THIS CAN FUND AUTHORIZED PUBLIC IMPROVEMENTS WHICH INCLUDES BUT ARE NOT LIMITED SIDEWALK, STREETS, LANDSCAPING, TRAFFIC CONTROL, WATER, WASTE WATER IMPROVEMENTS, PURCHASE OF PROPERTY AS WELL AS TRANSPORTATION IMPROVEMENTS.

THESE BONDS WILL REIMBURSE EXPENSES INCURRED IN THE ESTABLISHMENT ADMINISTRATION, MAINTENANCE, AND OPERATION OF THIS DISTRICT. SO RIGHT NOW THE COST OF THE PROPOSED IMPROVEMENTS ARE ESTIMATED TO BE UP TO $75 MILLION. AND I WILL BE COVERING MORE DETAIL ON THIS AT THE NEXT AGENDA ITEM.

WITH THAT, I WILL -- IF THERE IS ANY QUESTIONS FOR ME, I WILL TRY TO ANSWER THEM, OTHERWISE, WE CAN ALLOW THE PUBLIC TO PRESENT

TO THE COUNT. >> THERE MIGHT BE CONFUSION, 75 MILLION IS NOT A CITY EXPENSE.

COULD YOU EXPLAIN THAT FURTHER. >> THOSE ARE THE BONDS THAT WILL BE SOLD FOR THE DEVELOPMENT BY THE DEVELOPER.

SO THE CITY WILL HELP AND IT WILL BE OUR BACKING.

BUT IT WILL BE THE DEVELOPER THAT SELLS THE BONDS AND THEN THE TAXPAYERS WITHIN THAT DISTRICT, WITHIN THAT SPECIFIC

[00:05:03]

IT WILL NOT BE FOR THE ENTIRE CITY OF MIDLOTHIAN.

>> THANK YOU. >> THEN WE HAVE OUR MEETING WITH THE OTHERS IN TOWN. IS THIS GOING TO THROW US OVER

THE THRESHOLD. >> THIS IS NOT GOING TO THROW US OVER THE THRESHOLD. OUR OWN BONDS HAVE THROWN US OVER THE THRESHOLD THIS YEAR. THE DESIGN OF THE POLICE STATION, CITY HALL, THE PARK, THOSE TYPES OF THING, SO IF WE ARE CLOSE TO THAT THRESHOLD, WE WOULD HAVE HAD THAT MEETING.

WE ARE WAY OFF THAT, YES, SIR. >> [INAUDIBLE].

>> WE DO GET PRIORITY, RIGHT? >> YES, SIR, ALL THESE AGREEMENTS, THEY HAVE TO MAKE US WHOLE, LACK OF A BETTER TERM, WHEN WE GET CLOSER TO THAT THRESHOLD.

>> I WILL CLOSE THE PUBLIC HEARING.

>> SECOND. >> MOTION TO CLOSE PUBLIC HEARING AND SECOND. PLEASE VOTE.

EUNANIMOUS. OKAY, NEXT ITEM.

WE CLOSED PUBLIC HEARING. MOVED AND APPROVED.

>> I THINK IT IS JUST THE PUBLIC HEARING.

YOU DON'T HAVE TO APPROVE ANYTHING.

JUST A PUBLIC HEARING. >> I'M SORRY, APPROVING THE

RESOLUTION, YES. >> MOTION TO APPROVE.

>> SECOND. >> THANK YOU.

>> MOVE TO APPROVE AND A SECOND. THANK YOU.

YOU HAVE TO GIVE ME SOME TIME HERE.

AND THAT MOTION PASSES. NEXT,

[2022-037]

>> THANK YOU, MAYOR, AND COUNCIL AGAIN.

THIS IS THE ACTUAL DEVELOPMENT AGREEMENT.

SO THIS IS WHERE THE NUTS AND BOLTS OF THIS DEVELOPMENT COME INTO PLAY. SO WE HAVE BEEN GOING BACK AND FORTH FOR AT LEAST SIX MONTHS, IT SEEMS LIKE.

ACTUALLY, I THINK IT HAS BEEN AT LEAST A YEAR ON THIS.

WHAT WE NEEDED TO DO FIRST WAS THE HISTORY OF WEST SIDE PRESERVE IS LONG, BUT I WILL GIVE YOU THE ABBREVIATED VERSION. IT WAS A VERY COMPLICATED ZONING ORDINANCE. WHAT WE NEEDED TO DO, AS YOU REALIZED IN THE FALL, WAS KIND OF JUST WRAP THAT ZONING ORDINANCE UP TO WHERE IT MADE SENSE AND THE REIMBURSEMENTS AND THOSE THINGS MADE SENSE, SO WE GOT THAT THROUGH, THEN WE ESTABLISHED THE PID, THEN WE HAD TO GET INTO THE DEVELOPMENT AGREEMENT, WHICH THAT KIND OF MEMORIALIZES THAT ZONING.

YOU KNOW, WE CAN'T CONTROL A LOT OF THE STUFF THROUGH LEGISLATURE, AS FAR AS MATERIALS AND STUFF LIKE THAT.

WE WERE ABLE TO EMBED THE ZONING ORDINANCE AND BUILDING MATERIALS AND THINGS LIKE THAT WITHIN THE DEVELOPMENT AGREEMENT.

SO WE HAVE GOT THAT ASPECT COVERED.

THIS IS ALSO THE WAY WE PHASE THE PROJECT AND, TAMMY, DO YOU HAVE THE IMPROVEMENTS WITHIN THIS -- YEAH, HERE WE GO.

SO HERE WE HAVE THE DIFFERENT PHASE ONE ON THE LEFT COLORS AND THEN PHASE TWO, THE RIGHT COLORS.

SO THIS IS HOW THE ROADS WILL BE FUNDED AND PHASED FOR WESTSIDE PRESERVE. THE TOTAL ESTIMATED COST WILL BE $66 MILLION WITH THE ANTICIPATED AUTHORIZED IMPROVEMENTS THROUGH THE PUBLIC IMPROVEMENT DISTRICT BEING A LITTLE OVER $56 MILLION.

AND ONCE AGAIN, THOSE WILL BE PAID BACK BY THE TAXES ESTABLISHED WITHIN THIS DISTRICT AND WITHIN THIS DISTRICT ONLY.

SO WE HAVE THE ROADS HERE. AND THEN THE WATER AND WASTE WATER INFRASTRUCTURE. THERE'S ALSO A LOT OF OTHER AMENITIES, PARKS, THOSE TYPE OF THINGS THAT WILL BE GOING IN HERE. AND THEN WE ALSO, ONE OF THE THINGS ON THIS, THEY CAN GO UP TO 60 CENTS PER HUNDRED DOLLAR VALUATION ON THIS DISTRICT. BUT 10 CENTS OF THAT IS FOR THE SERVICE ROADS THAT GO ALONG 287. THAT HAS BEEN SOMETHING THAT HAS HELD DEVELOPMENT BACK AND HELD MIDLOTHIAN BACK.

WE REALLY DON'T WANT A LOT OF DIRECT CONNECTS TO 287.

THE DEVELOPER HAS AGREED FOR THOSE SERVICE ROADS IN THAT AREA. WE STILL HAVE THE LIMIT OF THE TAX STACK. TAX STACK IS ALL THE DIFFERENT TAXING ENTITIES. ONCE ALL THOUGH TAXES ARE STACKED UP, IT WILL NOT EXCEED $3 PER 100-DOLLAR VALUATION.

THAT IS MIDLOTHIAN INDEPENDENT SCHOOL DISTRICT ELLUUS COUNTY.

WE HAVE THE CAVEATS THAT WE HAVE HAD IN THE PREVIOUS PUBLIC IMPROVEMENT DISTRICT DEVELOPMENT AGREEMENTS.

[00:10:02]

>> IS THE PID THE LOW AMOUNT OF THE TOTEM POLE OF THE TAXES ENTITIES, IF AD A J AD AN ADJUST NEED TO BE MADE.

>> I HAVE M MARK, THAT IS A VERY GOOD QUESTION.

>> THERE ARE ASSESSMENTS IN PLACE, THIS IS IN PLACE.

THIS IS THE ORIGINAL STACK. FIVE YEARS FROM NOW, IF THINGS CHANGE, GO DOWN OR UP, THEIR STACK STAYS THE SAME, THAT ASSESSMENT. BUT THE OTHERS ARE GOING UP.

SO IT CAN BE OVER OR UNDER $3 BUT NOT INITIALLY.

>> MAKES SENSE. >> WE DON'T KNOW WHAT THE LEGISLATURE IS GOING TO DO WITH SCHOOL DISTRICTS, FOR EXAMPLE.

THEY HAVE DRESSED THEM DOWN OVER THE LAST COUPLE YEARS.

USED TO BE $1.50. 50 CENTS TAXABLE.

NOW MIDLOTHIAN IS BELOW 89 CENTS NOW.

PLUS THERE ARE 48 CENTS. ABOUT 45 OR SOMETHING.

USED TO BE NEARLY $2. WE CAN'T CONTROL WHAT IS GOING TO HAPPEN THERE. THAT'S THE ORIGINAL STACK.

>> SURE, OKAY. THANK YOU.

>> ANYBODY ELSE? >> MOVE TO APPROVE.

>> SECOND. >> MOVE TO APPROVE AND SECOND.

PLEASE VOTE. >> THANK YOU.

>> IT PASS 5-0. NEXT,

[2022-038]

>> THANK YOU, SIR. IN ACCORDANCE WITH THE SUBDIVISION REGULATIONS, ANY TIME A PROPERTY IS ABUTTING A FUTURE PUBLIC RIGHT-OF-WAY, ROAD THAT HAS BEEN DESIGNATED ON A THOROUGHFARE PLAN, THEY ARE REQUIRED TO DEDICATE A PORTION OF THAT RIGHT-OF-WAY THAT DIRECTLY ABUTS THEIR PROPERTY.

IF THE RIGHT-OF-WAY EXISTS COMPLETELY ON THEIR PROPERTY, IN THIS CASE THE APPROXIMATE WIDTH OF THIS IS ANYWHERE FROM 30 TO 50 FEET. ABOUT 500 FEET LONG.

THIS EQUALS TO ABOUT .4 ACRES IN SIZE.

AS EARLIER MENTIONED, THE PROPERTIES IS APPROXIMATELY 11.013 ACRES. THEY CAME TO US IN ORDER TO SUBDIVIDE THEIR PROPERTY. WHEN THEY WENT TO SUBDIVIDE THEIR PROPERTY, THEY REACHED OUT TO E CAT.

RIGHT NOW, THERE IS A SPECIAL VALUATION ON THEIR PROPERTY FOR AG USES. THEY WERE TOLD BY ECAD WAS YOU HAVE A MINIMUM OF TEN ACRES. ONCE THEY DID THIS DEDICATION AND THE HOMESTEAD, IT WOULD BRING THEM DOWN BELOW THAT TEN ACRE MARK, LOSING THE AG SPECIAL VALUATION.

UPON FURTHER ANALYSIS, STAFF DID REACH OUT TO ELLIS COUNTY APPRAISAL DISTRICT. WE ALSO TRIED SETTING UP A MEETING. WE WERE TOLD THAT A MEETING COULD NOT BE SET UP, THEIR BUSIEST TIME OF THE YEAR.

THEY DIDN'T HAVE ANY STAFF AVAILABLE.

WE DID GET SOME RESPONSES FROM ELLIS COUNTY APPRAISAL DISTRICT REGARDING INQUIRIES PERTAINING TO THIS PROPERTY AND WHAT'S BEING REQUIRED. AFTER TALKING TO THEM, IT IS OUR INTERPRINTERPRETATION, THE AG SL VALUATIONS LOOKED AT ON A CASE BY CASE BASIS. VARIOUS INDICATORS THEY LOOK AT.

THEY DON'T HAVE ANY HARD AND SET RULE OF TEN ACRES IS YOUR MINIMUM. GENERALLY THAT'S THE NUMBER THEY GO OFF OF. SOMETIMES THEY HAVE HAD IT GO UNDER AND MOST OF THE TIME IT IS OVER.

THERE'S VARIOUS THINGS THAT ALSO IMPACT IT.

SUCH AS WHAT'S THE NEIGHBORING PROPERTIES.

WHEN WE REACHED OUT TO THEM ABOUT HOW LARGE OF A SITE THEIR HOMESTEAD COULD BE, THERE WAS NO HARD AND FAST RULE.

SAYING IT HAD TO BE ONE ACRE IN SIZE.

THEY COULD GO LOWER THAN THAT. WITH THAT IN MIND, WITH ALL THE OTHER FURTHER ANALYSIS THAT THIS WOULD SET A PRECEDENCE FOR THE REST OF THE CITY WHEN SOMEONE IS GOING TO PLAT THEIR PROPERTY, DEVELOPER COMES IN TO DEVELOP A SUBDIVISION, TRYING TO OBTAIN THAT THOROUGHFARE, IF THIS IS APPROVED, SIMILAR PRECEDENCE OF NO ONE REQUIRING THE THOROUGHFARE BEING DEDICATED THROUGH THE PLATTING PROCESS. STAFF DOES RECOMMEND DENIAL OF

[00:15:02]

ADDITIONALLY, WE FEEL THAT, ALTHOUGH THIS IS A SPECIAL VALUATION IS A -- WE CAN'T SPEAK ON BEHALF OF ELLIS COUNTY APPRAISAL DISTRICT. THEY WILL NEED TO APPROACH THEM ON AND THE SPECIAL VALUATION, THAT HAS NOTHING TO DO WITH THE CITY. WE LOOK AT VARIOUS THINGS WHEN LOOKING AT A HARDSHIP. FOR A SPECIAL VARIANCE IN REGARDS TO SECTION 7.133.166 AND 4.14 OF THE REQUIREMENTS.

SOME OF THE REQUIREMENTS THAT WE HAVE TO LOOK THE, IS THERE SPECIAL CIRCUMSTANCES AFFECTING THE LAND INVOLVED SUCH AS THE STRICT APPLICATION PROVISION OF THESE REGULATIONS WOULD DEPRIVE THE APPLICANT OF REASONABLE USE OF LAND.

STAFF FOUND THAT ANY SPECIAL CIRCUMSTANCES ON THE LAND THAT WOULD CAUSE A HARDSHIP IF THE DEDICATION WERE TOE CUR, IT TO OCCUR.IT WOULD BE CONSISTENTH OTHER AREAS IN THE AREA.

ALL DEVELOPMENTS, WHEN THEY PULL PLAT, IS REQUIRED TO GO THROUGH THE EXACT SAME PROCESS. NO MATTER HOW SMALL OR HOW LARGE THE LOT IS. THE NEXT ONE IS THAT SPECIAL EXCEPTION IS NECESSARY FOR THE PRESERVATION AND ENJOYMENT OF SUBSTANTIAL PROPERTY RIGHT OF THE APPLICANT AND STAFF FOUND THE REQUIRED RIGHT-OF-WAY DEDICATION WOULD ALLOW THE PROPERTY CONTINUE TO BE USED AS IT HAS IN THE PAST.

THEY WOULD STILL HAVE ACCESS OF THE PROPERTY.

IT WOULDN'T TAKE AWAY THAT RIGHT.

STILL BEING ABLE TO DEVELOP A SINGLE FAMILY RESIDENTIAL DWELLING ON THE LOT ITSELF. NEXT ONE IS GRANTING OF SPECIAL EXCEPTION WILL NOT HAVE AN EFFECT OF PREVENTING THE ORDERLY SUBDIVISION OF THE LAND IN THE MASTER PLAN PROVISIONS OF THE REGULATIONS. WITHOUT THIS RIGHT-OF-WAY DEDICATION, THIS WILL HAVE AN IMPACT ON DEVELOPMENT TO THE NORTH AND EAST OF PROPERTY. YOU CAN SEE RIGHT HERE IN THIS FEATURE, THIS LOT RIGHT HERE, COMING OUT HERE.

IF WE DON'T REQUIRE RIGHT-OF-WAY DEDICATION AS WE CONTINUOUSLY ARE BEING MET WITH DEVELOPERS ABOUT THESE PROPERTIES ALL THE TIME, WHEN THEY ARE REQUIRED TO BUILD ALL THE WAY UP, IT WOULD STOP, WE WOULD HAVE TO FIND SOME WAY TO OBJEC OBTAIN THAT RIGHT-Y IN THE FUTURE, IT WOULD HAVE THE SAME IMPACT BY DROPPING THEIR OVERALL ACREAGE. FINALLY, THIS WILL NOT RESULT IN ANY ZONING REGULATIONS AS AMENDED.

WE AGREE THAT THE GRANTING OF SPECIAL EXCEPTION WILL NOT HAVE ANY IMPACT ON THE PROPERTY ZONING.

IF THE SPECIAL EXCEPTION IS APPROVED OR NOT APPROVED, IT WOULDN'T HAVE AN IMPACT ON THE ZONING.

THE ZONING IS NOT GOING TO BE IMPACTED.

THEY ARE NOT -- THEY WILL STILL HAVE THEIR ACREAGE REQUIRED TO HAVE A SINGLE FAMILY RESIDENTIAL ON THIS LOT.

WHEN THIS MOVED BEFORE THE PLANNING & ZONING COMMISSION, JANUARY 18TH, 2022, THEY 2K3WR5AGREEDWITH STAFF.

THEY FOUND IT NECESSARY TO DEDICATE THE RIGHT-OF-WAY IN ACCORDANCE WITH THE SUBDIVISION REGULATIONS.

I CAN ANSWER ANY QUESTIONS AT THIS TIME.

>> YOU MET WITH THE COUNTY. >> ALL COMMUNICATION WITH ELLIS COUNTY APPRAISAL DISTRICT WAS THROUGH E-MAIL.

WE COULD NOT SET UP A MEETING. THEY DIDN'T HAVE ANY TIME TO SET

THE MEETING. >> BASICALLY SAID THEY COULD KEEP AN AG EXEMPTION ON THE PROPERTY EVEN THOUGH IT IS UNDER

TEN ACRES. >> WHAT THEY WERE STATING IS THAT THERE ARE SPECIAL CIRCUMSTANCES THAT THEY LOOK AT ON A CASE BY CASE BASIS. THEY LOOK AT MORE THAN JUST THE OVERALL ACREAGE. THEY LOOK AT HOW THE PROPERTY IS BEING USED NOW, WHAT ARE THE SURROUNDING PROPERTIES, SURROUNDING PROPERTIES OWNED BY FAMILY MEMBERS, WHAT OTHER CIRCUMSTANCES EXIST. THEY SAID THAT'S NOT THE ONLY THING THAT THEY LOOK AT, IS OVERALL ACREAGE.

MANY DIFFERENT FACTORS. SHE WAS VERY CLEAR SHE COULDN'T TELL YOU YES WE WOULD GRANT IT OR NO, WE COULDN'T.

THEY COULDN'T TELL UNTIL THEY DO A FULL ANALYSIS.

>> THE PROPERTY OWNER WILL HAVE TO GO TO THE COUNTY.

>> WE COULD ENCOURAGE, TOLD THE PLANNING & ZONING COMMISSION, THEY REACH OUT TO THE ELLIS PLANNING DISTRICT TO DETERMINE IF THERE WOULD BE A SPECIAL VALUATION FOR THE PROPERTY.

>> RESIDENT DEVELOPER OR DO YOU WANT TO LISTEN TO THE APPLICANT

FIRST? >> I WAS GOING TO LET THE

APPLICANT SPEAK. >> DO YOU WANT TO COME UP AND SPEAK. NAME AND ADDRESS FOR THE RECORD,

SIR. >> MY NAME IS KELLER SHAW.

CURRENTLY AT 2621 PLAINVIEW. BASICALLY, WHAT I HAVE TO SAY ABOUT A HARDSHIP BEING CREATED IS DUE TO US WANTING TO BUILD OUR HOUSE, JUST A SINGLE RESIDENCE, WE WILL BE -- FROM MY

[00:20:06]

>> SO THERE'S NOT CURRENTLY A HOUSE THERE.

>> CORRECT. >> JUST RAW LAND.

>> CORRECT. >> [INAUDIBLE].

>> CURRENTLY, YES. >> DID YOU PURCHASE THIS PROPERTY OR IS THIS THE ONE, SOMEBODY SAID YOUR GRANDMOTHER

GAVE YOU THIS PROPERTY. >> I DID PURCHASE THE PROPERTY

BUT -- >> FROM FAMILY.

>> FROM FAMILY, YES, SIR. >> THAT'S WHAT KEVIN, THE LAWYER ON P&Z, IF SHE GAVE YOU A COUPLE MORE FEET ON THE PROPERTY LINE, WE WOULDN'T BE HAVING THIS DISCUSSION AT ALL.

ON THE HOUSES, YOU KNOW, YOU DON'T NECESSARILY NEED ONE ACRE FOR A SEPTIC. IN THE COUN COUNTY IT IS .6.

YOU DON'T HAVE TO HAVE THE ONE ACRE FOR A HOMESTEAD PART.

YOU CAN HAVE A SMALLER PIECE. >> OUR RATES ARE COUNTY.

>> OKAY. >> WITH THE SEPTIC SYSTEM I CAN ANSWER A LITTLE BIT ABOUT THAT. WE WOULD LOOK AT IT MORE THAN JUST A HOMESTEAD. THE MOMENT STEAD AND THE REST OF THE ACREAGE BEING USED FOR EXEMPTION, THIS WOULD BE ONE PLAT, WE LOOK AT IT AS ONE LOT. IT IS REALLY TEN TAKERS. ACRES,Y WOULD EXCEED THE ONE ACRE TO HAVE THAT.

EVEN IF THEIR HOMESTEAD IS TWO DIFFERENT THINGS.

WE DON'T SEPARATE HOMESTEAD WITH THE REST OF THE PROPERTY, WE

LOOK AT A PLAT OF A LOT. >> [INAUDIBLE].

>> TAX INQUIRIES DO, BUT ONCE AGAIN, WE ARE THE ONES THAT

REGULATE SEPTIC. >> I UNDERSTAND.

>> ANY MORE QUESTIONS FOR THE APPLICANT?

THANK YOU. >> THANK YOU VERY MUCH.

>> IF THIS IS A HOMESTEAD, HE STILL HAS HIS TEN ACRES --

>> I WILL LET THE DEVELOPER TALK HERE FOR A SECOND ON THAT.

>> I'M NOT GOING TO ARGUE NECESSARILY WITH A PERSON FROM THE TAXING DISTRICT THAT'S NOT HERE, BUT IT DEPENDS ON THE TYPE OF AG EXEMPTION TAX YOU ARE LOOKING FOR.

THEY HAVE DIFFERENT TYPES. AND THAT'S WHY THEY ARE SAYING, YEAH, THEY CAN BE LESS ACREAGE. YOU CAN GO DOWN TO THREE ACRES IF YOU WANT TO RAISE HONEY BEES. WHO WANTS TO RAISE HONEY BEES IN

THEIR BACKYARD. >> THERE ARE SO MANY, CASE BY

CASE BASIS. >> BUT TO SET THE STANDARD QUOTE/UNQUOTE IS TEN ACRES UNLESS YOU ARE GOING AFTER ONE OF THOSE OTHER SPECIAL EXEMPTIONS UNDER AG.

>> I UNDERSTAND. MY QUESTION IS, THE COUNTY CAME BY MY PLACE ABOUT TEN YEARS AGO AND SAW A SOCCER GOAL OUT IN THE MIDDLE OF THE FIELD FOR MY GRANDKIDS TO PLAY.

THEY TOOK SIX ACRES OUT OF AG BECAUSE I HAD A SOCCER FIELD, I DIDN'T HAVE PASTURE. SO WHAT THE COUNTY DOES IS -- I HAVE TALKED TO THEM SEVERAL TIMES, EVERYBODY I TALK TO NOW SAY THEY DON'T UNDERSTAND WHY THEY DID THAT.

SO I'M LEERY OF IT. I UNDERSTAND WHAT HE IS SAYING BUT THERE'S NOTHING WE CAN DO ABOUT IT.

>> NOW TRUE, WE ARE HERE TO DISCUSS IT.

>> I DID HAVE A COUPLE QUESTIONS, IS THIS PROPERTY IN THE CITY WHEN WE WORKED ON THE RIGHT-OF-WAY? I KNOW THIS AREA WOULD HAVE BEEN ANNEXED.

>> THEY SAID NO. THIS WAS VOLUNTARILY ANNEXED

ABOUT A YEAR AGO. >> SO IN THEORY, THEY WOULD HAVE DONE THIS AND GIVE UP THE RIGHT-OF-WAY ANYWAY.

>> WE REGULATE, SUBDIVISION REGULATIONS.

>> I'M ASSUMING THAT THE PROPERTY OWNER DIDN'T GET A SAY-SO ON THE FUTURE THOROUGHFARE THAT RUNS THROUGH THE PROPERTY AND AFFECTS THE VALUE OF THE SAID PROPERTY?

>> THERE WERE PUBLIC HEARINGS. IT WAS A DIFFERENT PROPERTY OWNER BACK THEN. I DON'T KNOW IF THEY CAME AND SPOKE DURING THAT TIME, DURING THE PUBLIC HEARINGS.

>> 60 FEET THAT RUNS THIS WAY, I ASASSUME WE ARE BUYING HOUSES.

[00:25:05]

>> WE'LL BUMP -- >> SO IF I'M LOOKING AT SOMETHING WRONG IN MY PACKET, IT LOOKS LIKE WE ARE CARRYING ALL THE WAY ACROSS THIS PROPERTY. BUT WOULDN'T THAT, EVEN ON THE OTHER, I GUESS, CORNER LEG, ISN'T THAT WHERE WE ALSO BE KICK PICKING BACK UP AT WE WEREN'T BUYING HOUSES?

>> MORE LIKE COME UP LIKE THIS. HERE'S WHAT THEIR SURVEYOR DREW UP. THIS IS THE PATH THAT THEY SHOWED THE THOROUGHFARE GOING. COMING UP THE CORNER.

>> WHICH IS THE PROPERTY LINE 6N THE BACK PROPERTY OF THAT HOUSE.

>> THIS IS WHAT THEIR SURVEYOR SHOWED.

IF THIS GOES UP AND MOVES MORE NORTH, WE HAVEN'T RECEIVED THAT

YET. >> THE ATTORNEY CAN KEEP ME STRAIGHT HERE, IF I AM GETTING OFF TOPIC.

I KNOW THERE HAS BEEN A REVIEW AND SOME IDEAS DRAWN FOR THAT PROPERTY THAT THAT ROAD RUNS THROUGH.

THEIR THOROUGHFARES MATCH UP WITH WHAT WE ARE TALKING ABOUT

ADDING HERE. >> FOR FUTURE PLAN TO THE NORTH

AND EAST? >> I HAVE SEEN THEM.

I DON'T KNOW WHERE THEY ARE AT IN THE CITY'S PROCESS.

>> WE DON'T THINK OF ANYTHING APPROVED AS OF YET.

WE HAVE SEEN SO MANY ITERATIONS OF THIS LOT AND THIS LOT.

I APOLOGIZE, I DON'T HAVE ANY OF THOSE SITES WITH ME.

>> THAT'S FINE. IS THAT ROAD ON OUR TEN-YEAR

PLAN? >> RIGHT NOW, THIS IS GOING TO BE DEVELOPMENT DRIVEN. AT THIS POINT IN TIME, WE DON'T HAVE ANY PLANS ON GOING UNTIL DEVELOPMENT DRIVEN.

>> QUESTION, I CAN'T REMEMBER, I KNOW I HEARD THE CITY RECOMMENDED DENIAL, CAN I HEAR THE REASON AGAIN.

>> OH, YES. WITHIN YOUR PACKET, UNDER SPECIAL EXCEPTION CRITERIA, THERE'S FIVE CRITERIA THAT HAVE TO BE MET ACCORDING TO OUR SUBDIVISION REGULATIONS FOR THE SPECIAL EXCEPTION. WWE FELT THERE ISN'T A HARDSHIP ON THE PROPERTY. WE ARE LOOKING AT OUR REGULATIONS. I CANNOT TELL YOU WHAT ECAD CAN AND CANNOT DO. WE ARE LOOKING AT WILL THIS PREVENT THEM FROM BEING ABLE TO RECENTLY DEVELOP THEIR PROPERTY LIKE ANY OTHER PROPERTY WOULD BE ABLE TO.

STAFF FOUND THE ANSWER IS NO. THE GRANTING OF THE SPECIAL EXCEPTION WILL NOT DETRIMENT AL TALTO THE PUBLIC HEALTH AND SAF.

THE REQUIRE DEDICATION WILL OFFER CONNECTIVITY, IMPROVE OUR THOROUGHFARE PLAN, ADD TO IT. WHOLE POINT OF THE THOROUGHFARE PLAN IS CONNECTIVITY, RESPONSE TIMES, POINT A TO POINT B.

THE GRANTING OF THE SPECIAL EXCEPTION WILL NOT HAVE THE EFFECT OF PREVENTING THE ORDERLY SUBDIVISION OF AREA.

IF THIS IS NOT DEDICATED, WE FEEL THIS WILL BE HAMPER TO THIT THAT HAPPENS IN THIS PORTION, THEY ARE REQUIRED TO DEDICATE RIGHT-OF-WAY. TRYING TO OBTAIN THIS LATER ON COULD BE TROUBLE WITH THEM TRYING TO OBTAIN IT, DEVELOP IT.

IT COULD PUT A HARDSHIP ON THE PROPERTIES OF FUTURE OF DEVELOPING OUT, IF ANYONE EVER REQUESTED.

THE LAST ONE, WE ACTUALLY DIDN'T FIND IT AS IMPACT.

SO WE FELT LAST ONE IS, DOES IT AFFECT THE ZONING.

WE DIDN'T FEEL IT AFFECTED ZONING.

>> IT DOESN'T QUALIFY AS A HARDSHIP UNDER WHAT YOU ARE STATING YOU ABOUT I DO AGREE IT IS A HARDSHIP TO THE PROPERTY.

MY ONLY ARGUE MEANT IS THAT WE E PUTTING THE UNDUE BURDEN ON THE INDIVIDUAL FOR THE SUCCESS OF SOMEBODY WHO IS GOING TO DEVELOP

PROPERTY FOR PROFIT. >> WE DON'T MAKE --

>> I KNOW THAT'S THESE ITEMS COME TO COUNCIL.

>> I WANT TO MAKE SURE IT IS THE DISTINCTION.

>> ARE YOU ADJUSTING THE THOROUGHFARE PLAN NORTH IN ORDER TO HAVE THAT ALL GO INTO THAT PIECE OF PROPERTY, SO THE DEVELOPER COMES IN UP THERE, IS GOING TO HAVE DEDICATE ALL OF THE RIGHT-OF-WAY? I DON'T SEE ANOTHER ALTERNATIVE.

IS THAT WHAT YOU ARE GETTING AT? >> [INAUDIBLE].

>> YEAH, WELL, THE RIGHT-OF-WAY WE HAVE BEEN PURCHASING, CITY'S

MONEY TO BUY IT LATER ON. >> EVEN IF WE WERE TO SHIFT THIS NORTH, STILL HAVE THIS PROPERTY TO OBTAIN FROM THE EXISTING

PLATTED LOTS. >> BUT ALL THE RIGHT-OF-WAY HAS BEEN FROM INDIVIDUALS AND NOT DEVELOPERS.

>> DEVELOPER THE PLAT, THAT'S THE DIFFERENCE.

[00:30:03]

>> THAT'S MY ONLY ARGUMENT, DIFFERENCE BETWEEN [INAUDIBLE].

>> I UNDERSTAND WHY WE DEDICDEDICATERIGHT-OF-WAY SO WEO

BUY IT LATER. >> THIS WOULD BE A BUY IT LATER,

PROPERLY. >> I UNDERSTAND THAT.

>> WHAT WOULD THIS REDUCE HIS ACREAGE TO.

>> ACCORDING TO THEIR SURVEYOR, IT IS APPROXIMATELY .4 ACRES.

SO THE 11 ACRES WOULD GO DOWN TO OVERALL 10.6 ACRES.

SO THE SITE WOULD BE 10.6 ACRES. THEIR CONCERN IS THEIR HOMESTEAD WOULD NEED TO BE ONE ACRE IN SIZE, WHICH WOULD TAKE IT DOWN TO 9.6. HOWEVER, WE ARE STATING, ACCORDING WHAT WE HAVE HEARD FROM ECAD, THEY COULD BRING THEIR HOMESTEAD DOWN TO .6 WHICH WOULD STILL BRING IT TO TEN

ACRES. >> IT IS STILL HIS DIRT UNTIL

THE ROAD GETS BUILT. >> CORRECT.

>> THEY DECIDE NOT TO BUILD ON THE LAND, IF THE STATE DECIDES

TO DEVELOP THIS. >> SHE WANTS TO BUILD ON THE

LAND. >> RIGHT NOW, IF WE DON'T DEDICATE IT -- EXEMPTION. WE MAY NEVER BUILD A ROAD.

>> I CAN'T SAY IT IS GOING TO MAKE HIM LOSE HIS AG SPECIAL VALUATION. WE ARE NOT E CAD.

IT MAY OR MAY NOT. >> GENTLEMEN, ANYMORE QUESTIONS?

>> OR JUST A STATEMENT, I HATE IT.

BUT I GET IT. THIS IS THE PROCESS FOR PROGRESSING CITY. IT DISGUSTS ME TO THINK WE HAVE TO TAKE, BUT THIS GUY IS GOING TO HAVE TO SACRIFICE A PORTION OF THE PROPERTY. BUT FOR THE SAKE OF THE COMMUNITY AT LARGE, THIS STUFF HAPPENS ALL THE TIME.

IT IS FRUSTRATING AS HECK. I'M COGNIZANT TO THE SACRIFICE THAT THESE -- THAT EVERYBODY MAKES THAT HAS TO DEDICATE RIGHT-OF-WAY. I DON'T SEE A DIFFERENT

ALTERNATIVE, PERSONALLY. >> I AGREE WITH YOU, JUSTIN.

WHEN THEY BUILT MY ROAD, IT TOOK A LOT OF MY LAND.

BECAUSE IT DIDN'T IMPACT IT BECAUSE I HAD 20 ACRES.

>> WERE YOU PA PAID FOR IT. >> THEY DIDN'T PAY MUCH FOR THE LAND. THEY PAID FOR THE TREES.

THAT WAS THE BIGGEST THING. I HAD A BUNCH OF PECAN AND OAK TREES ON THAT LAND THAT THEY GOT.

>> THAT GOES BACK TO MY ARGUMENT, THE DIFFERENCE BETWEEN AN INDIVIDUAL AND DEVELOPER. YOU, INDIVIDUAL, GOT PAID FOR YOUR LAND. A DEVELOPER FOR PROPERTY DEDICATES BECAUSE HE IS MAKING PROFIT.

>> DEVELOPER ALSO HAS ALL THAT ALREADY FIGURED IN BEFORE HE BUYS THE PIECE OF PROPERTY, HOW MUCH HE HAS TO GIVE UP.

IT IS ALL A NUMBER GAME. COST PER ACRE IS NOT WORTH THE

INVESTMENT. >> I UNDERSTAND IT IS NOT IN OUR RULES AS FAR AS HARDSHIP, BUT I ALSO UNDERSTAND THAT THE WHOLE POINT OF A VARIANCE BY A BODY OF PEOPLE IS TO REPRESENT OUR CITIZENS. ONE OF OUR CITIZENS, TO ME, I FEEL AS IF WE ARE PUTTING A HARDSHIP ON EVEN THOUGH IT IS NOT OUR DEFINITION OF A HARDSHIP.

HE IS NOT SOMEBODY TRYING TO PUT 30 HOUSES ON TEN ACRES TO MAKE

MONEY. >> I AGREE W WITH YOU.

THE THING IS, IT MAY OR MAY NOT BE A HARDSHIP, DEPENDING ON THE

COUNTY DOES. >> IF WE ARE TERRIFIED OF BUYING

THE DIRT, WHAT'S .4 ACRES COST? >> TODAY?

>> COULD GO DOWN, COULD GO UP. I DON'T KNOW.

>> BUT I DON'T LIKE THE PRECEDENCE THIS SETS.

>> WE DID IF FOR EASTGATE, THAT WAS GOING TO BE A HARDSHIP, WE DELETED THE THOROUGHFARE AFTER THEIR PROPERTY.

. >> [INAUDIBLE].

>> MAYS TRACK, BRIDGE WATER NORTH, PLAINVIEW ROAD.

[00:35:06]

>> WHAT IS THAT STREET THERE? >> RIGHT HERE, SHILOH ROAD, TURNS INTO PLAINVIEW WHICH TURNS INTO WALNUT GROVE ROAD.

>> THIS IS PROBABLY A DUMB QUESTION, SO I ASK A LOT OF THOSE. IF THIS WERE THE VARIANCE WAS APPROVED AND THEY DIDN'T HAVE TO DO THE RIGHT-OF-WAY DEDICATION, WHAT'S TO KEEP THEM FROM ACTUALLY BUILDING HIS HOUSE IN THE FUTURE RIGHT-OF-WAY SO THAT WE ARE ACQUIRING THE HOUSE.

>> THE ONLY THING I CAN SAY, THE CITY SETBACK.

SETBACK REQUIREMENTS FOR AGRICULTURAL IS GENERALLY 50 FEET FROM THE FRONT PROPERTY LINE.

WHICH WOULD -- IF FUTURE RIGHT-OF-WAY DED DEDICATED, 30 .

>> SO HOW FAR DOWN DOES THE RIGHT-OF-WAY GO.

THEY COULD PUT THEIR FRONT DOOR RIGHT ON THE RIGHT-OF-WAY.

>> IF YOU ARE LOOKING AT -- >> WHICH WOULD FORCE US TO ALTER

THE LAYOUT OF THE STREET. >> IT IS HARD TO SAY FROM THIS.

SOMEWHERE RAW ALONG THERE. SOMEWHERE IN THIS AREA.

>> JUST THE DOMINO EFFECT IS CONCERNING TO ME.

THE POTENTIAL DOMINO EFFECT. >> ONE OF THE MAIN REASONS WE DO THOROUGHFARE PLANS IS TO KEEP STUFF STRAIGHT AND LINED OUT IN THE GEOGRAPHICAL CENTER, SO TO SAY.

IF YOU TOOK PLAINVIEW AND WENT STRAIGHT ACROSS TO STOUT, THAT WOULD MAKE A NICE STREET, EVEN IF IT WENT INTO THE SUBDIVISION SOMEWHAT, THE CORNERS WERE THE HARD PART, THE FIRST PART.

>> FLOOD ZONE A IS A HUNDRED YEAR FLOOD PLAN, RIGHT? I DOUBT THEY ARE BUILDING THEIR HOUSE IN THE MIDDLE OF A

FLOODPLAIN. >> THEY COULD.

IT WOULD BE MORE EXPENSIVE. >> BUT TO THE LEFT THERE, RIGHT THERE, CONNECTS TO THE ROAD. IT COULD GO UP TO THE ROAD.

>> IT HAS TO BE 30 FEET OFF THE PROPERTY LINE.

>> SO WE ARE BUYING THE HOUSE ON THAT SIDE OR THE OTHER SIDE TO

MAKE THE ROAD WORK. >> I'M JUST GOING TO KEEP

PREACHING. >> I KNOW YOU ARE.

I GET IT. >> I MOVE TO APPROVE.

>> YOU PROVE THE VARIANCE, CORRECT?

>> I SECOND THAT. >> SECONDED.

>> THANK YOU. >> APPROVE PASSES 3-2.

SPECIAL EXCEPTION PASSES, I'M SORRY.

[2022-039]

CONSIDER AND ACT UPON A SPECIAL EXCEPTION FROM THE SUBDIVISION ORDINANCE FROM SECTION 6.16 IMPROVEMENT STANDARDS AND REQUIREMENTS PERTAINING TO DRIVEWAY MATERIAL ON NEW DEVELOPMENT AT 1266 EASTGATE ROAD IN EASTGATE. THE PROPERTY IS APPROXIMATELY +/-1.383 ACRES BEING TRACT B-3 OF EASTGATE INDUSTRIAL PARK. COMMONLY KNOWN AS 1266 EASTGATE

ROAD >> THANK YOU, MAYOR PRO TEM.

COUPLE. THE PROPERTY IS ADDRESSED OFF EAST GATE ROAD BUT LOCATED DOWN A PRIVATE ROADWAY KNOWN AS RAMSEY STREET. I HAVE GOT THAT LABELED UP THERE AS PRIVATE. NOT ON THE CITY RIGHT-OF-WAY.

THE APPLICANT IS PLANNING TO CONSTRUCT A NEW 6,000 SQUARE FEET METAL BUILDING ON THE SUBJECT SITE.

ANY NEW CONSTRUCTION OCCURRING WITHIN OUR CITY WOULD REQUIRE CON CONCRETE MATERIAL FOR DRIVE AISLES AS WELL AS PARKING AREA.

THE APPLICANT DOES FEEL THIS REQUIREMENT IS EXCESSIVE SINCE THE PROPERTY ALREADY CONTAINS GRAVEL MATERIAL.

STAFF DOES FIND THIS REQUEST DOES NOT MEET THE CONDITIONS FOR OF A SPECIAL EXCEPTION. THE PLANNING & ZONING DID

[00:40:03]

STAFF ALSO RECOMMENDS DENIAL. I WILL STAND FOR QUESTIONS.

>> WE DO HAVE ONE SPEAKER ON THIS.

OKAY, WOULD YOU PLEASE COME UP, SIR.

>> NAME AND ADDRESS FOR THE RECORD, PLEASE.

>> NATHAN COPIK, 700 EUBANKS. >> YES, SIR, SO AS STATED, WITH P&Z, DIDN'T UNDERSTAND THE PROCESS.

MY IGNORANCE. SO LAST WEEK'S PROCEDURE, DIDN'T GET A CHANCE TO SPEAK. I WANT TO MAKE SURE I AM SPEAKING ON BEHALF OF THE PROPERTY OWNER.

IT IS RIG'S CUSTOM CABINETS CURRENTLY OPERATING ON THE PROPERTY AND PROPOSING TO BUILD A NEW FACILITY TO EXPAND HIS BUSINESS THERE ON THE PROPERTY. AS THE CITY REPRESENTATIVE HERE COMMENTED ON THE FACT THAT WE ARE ACTUALLY ACCESSING THE PROPERTY ON RAMSEY DRIVE. THE CITY HAS ENNE ANNEXED THIS.

IN DOING SO, THEY NEGLECTED TO TAKE IN, OR CHOSEN NOT TO DO ANYTHING IN TAKING OVER RAMSEY ROAD.

SO ALL OF THE PEOPLE THAT OWN PROPERTY ALONG THERE NOW ARE CURRENTLY HAVING TO MAINTAIN THAT AND REBUILT THAT HERE RECENTLY. MY UNDERSTANDING IS THE CITY IS REQUESTING THAT WE HAVE A CONCRETE APPROACH AND ALL THE PAVING AS SUCH TO ACCOMMODATE THE FIRE TRUCKS THAT WILL HOLD 90,000 POUNDS IS THE NUMBER THAT WE WERE GIVEN.

RAMSEY ROAD ITSELF WON'T ACCOMMODATE 90,000 POUNDS PER THOSE SPECS, NEITHER WITH EASTGATE.

TRYING TO FIGURE OUT HOW WE GO FROM COMING OFF OF EASTGATE, COMING ON TO RAMSEY ROAD, AND REQUIRED TO PUT IN SOME VERY EXPENSIVE CONCRETE WHEN WE ARE NOT -- CAN'T EVEN ACCESS THAT CONCRETE PER THOSE SPECIFICATIONS.

CUSTOMER HAS PAID $29,000, WE HAVE EXPANDED 8-INCH WATER LINE OFF 287 GOING UP EASTGATE, TURNING THE CORNER AND GOING ACROSS THEIR PROPERTY ON RAMSEY AND WE ADDED ON THAT NORTHWEST CORNER, WE ADDED A FIRE HYDRANT AS WELL.

NOT JUST HIS PROPERTY, THE SURROUNDING PROPERTIES WILL ALL BENEFIT FROM HIS INVESTMENT ON THAT.

THANK YOU YA'LL. >> ANYBODY HAVE QUESTIONS?

>> I'M JUST A LITTLE CONFUSED ON THE PRIVATE DRIVE, NOT A PRIVATE DRIVE. SO IF YOU CAN KIND OF CLARIFY.

>> SURE. ABSOLUTELY.

EASTGATE ROAD IS DEDICATED -- IT IS PUBLIC RIGHT-OF-WAY.

AS WE ALL KNOW, THE PROPERTY WASN'T A PART OF THE CITY FOR THE LONG EASTGATE ANNEXED IN 2017.

SHE IS ROADS WERE ALL MAINTAINED BY THE COUNTY.

THIS AREA HERE WAS NOT MAINTAINED BY THE COUNTY.

THERE'S NO PLAT THAT DEDICATES THIS AREA TO ANY TYPE OF -- TO THE COUNTY OR WHEN WE TOOK THIS ROAD OVER, WE DID NOT -- WE DON'T MAINTAIN IT. SO WE SEE THIS AS JUST A PRIVATE DRIVEWAY THAT LEADS DOWN HERE TO THE SUBJECT PROPERTY.

THE COUNTY DIDN'T MAINTAIN IT EITHER AT THE TIME.

>> DO WE STILL VIEW THAT AS A PRIVATE DRIVE?

>> YES, SIR, ABSOLUTELY. >> I'M CONFUSED ON -- I KNOW WE HAVE SET STANDARDS BUT I KNOW WHEN PRIVATE DRIVES COME INTO PLAY, IT GETS A LITTLE FUZZY BECAUSE IT IS TECHNICALLY THEIR DRIVE AND HOW WE CAN MAKE THEM BUILT TO STANDARD ON A ROAD THAT ISN'T OUR ROAD. IT IS TYING INTO THEIR ROAD AND

NOT OURS. >> I THINK WHERE WE ARE FOCUSING ON IS JUST WITHIN THE YELLOW AREA HERE, NOT LOOKING AT THE PRIVATE DRIVE. THE PRIVATE DRIVE IS THE DRIVE OF WHATEVER IT IS. THAT THE BUILDING IS ACTUALLY BEING CONSTRUCTED JUST WITHIN THIS RED AREA, SO WE ARE LOOKING AT IT FROM, WHEN YOU BUILD A NEW BUILDING, DOES THAT NEW BUILDING REQUIRE, YOU KNOW, NEW DRIVE AISLE.

DOES IT REQUIRE PARKING? OUR RULES AND REGULATIONS STATE THAT ANY TIME YOU HAVE ANY TYPE OF NEW CONSTRUCTION, A DRIVE AISLE AND PARKING IS GOING TO BE REQUIRED.

OUR STANDARD ISN'T GRAVEL. OUR GRAVEL ISN'T ASPHALT.

OUR STANDARD IS CONCRETE. ALL OF OUR CONSTRUCTION STANDARD DETAILS, BASICALLY, REQUIRE THAT.

[00:45:01]

THE APPLICANT IS REALLY LOOKING TO JUST CONTINUE TO UTILIZE THE EXIST GRAVEL. YOU KNOW, WHEN WE ANNEXED EASTGATE, WAS THE IDEA OF ANNEXING EASTGATE COULD CONTINUE TO ALLOW EASTGATE TO OPERATE THE WAY IT IS, RIGHT NOW? THE WAY IT OPERATES RIGHT NOW IS REALLY HOWEVER THEY OPERATED WHEN THEY WERE UNDER THE COUNTY. WHEN WE BROUGHT IT INTO THE CITY, WHEN NEW DEVELOPMENT OCCURS, I THINK THE INTENTION AT THE TIME WAS TO ENSURE THAT ANYTHING WITHIN EASTGATE WOULD STILL BE BROUGHT UP TO AS CLOSE TO OUR CODE, FOR NEW DEVELOPMENT. NOT RETRO ACTIVELY GOING BACK IN TIME. THE PROPERTY, ABSOLUTELY, CAN CONTINUE TO OPERATE THE WAY IT IS RIGHT NOW.

IT IS WHEN YOU INTRODUCE THAT NEW DEVELOPMENT, THAT NEW BUILDING, THAT'S THE BASIC QUESTION, DO WE STILL REQUIRE CONCRETE FOR THAT NEW BUILDING TO BE ACCESSED, CONCRETE FOR THAT PARKING AREA FOR IT TO BE ACCESSED.

>> I HAVE TWO QUESTIONS. >> SURE.

>> ONE, WHEN WAS THIS BUILDING BUILT? WAS IT BUILT AFTER THEY WERE ANNEXED?

>> THE BUILDING THAT -- I HAVE GOT MY POINTER ON RIGHT NOW, THAT BUILDING HAS THOUGHT BEEN CONSTRUCTED.

THE BUILDING THAT'S IN THIS PICTURE, HERE, THIS BUILDING I WANT TO SAY WAS PROBABLY CONSTRUCTED YEARS AND YEARS AGO, WAY, WAY PRIOR BEFORE ANNEXATION.

THAT BUILDING PROBABLY CAME ONLINE, DO YOU KNOW?

ABOUT 20 YEARS AGO. >> WE ARE TALK BEING THAT

DRIVEWAY. >> AND WE ARE TALKING ABOUT THIS

ACTUAL DRIVEWAY. >> WHO ACTUALLY OWNS THAT ROAD,

LABELED PRIVATE ROAD? >> YOU KNOW, THAT IS A GOOD QUESTION. THAT'S LABELED PRIVATE ROAD.

I BELIEVE THE FOLKS THAT I GUESS, ULTIMATELY OPERATE WITHIN THIS AREA HELP MAINTAIN THAT ROAD.

>> SOME OF IT. >> DO YOU KNOW WHO OWNS IT?

>> NOBODY OWNS. THE PROPERTY LINE GOES, IT IS

KIND OF WEIRD -- >> LET'S GET YOU ON THE

MICROPHONE, PLEASE. >> SO I DON'T THINK TECHNICALLY ANYBODY OWNS THE ROAD OTHER THAN THE ADJOINING PROPERTIES AS IT GOES DOWN IT MEANDERS BACK AND FORTH.

THE PROPERTY LINE BASICALLY GOES TO THE CENTER OF THE ROAD OR DIAGONAL BACK AND FORTH AS IT GOES DOWN THROUGH THERE.

SOME OF THE PROPERTY OWNERS HAVE TAKEN PART IN HELPING MAINTAIN THE ROAD AND SOME HAVE JUST BENEFITED FROM THE OTHERS LACK

OF PATIENCE, I GUESS. >> I WOULD ALMOST SAY THAT SECTION OF RAMSEY DRIVE, BECAUSE IT FALLS WITHIN THAT PROPERTY BOUNDARY IS PROBABLY TO BE MAINTAINED BY THAT PROPERTY OWNER. LET HEE W ME WALK UP THERE REAL.

I GUESS WE CALL IT A DRIVE. THEY CALL IT A ROAD.

>> I GUESS WHERE I WAS GOING EARLIER, LET'S JUST SAY THIS PROPERTY OWNER OWNED THE ROAD, FOR CONVERSATION SAKE, AND THEY WANTED TO TIE INTO OUR EXISTING ROAD, THAT ROAD WOULD HAVE TO BE BROUGHT TO OUR STANDARDS BECAUSE THEY ARE TYING IT TO -- THAT'S

WHERE I WAS CONFUSED EARLIER. >> WE HAVE THE PROVISION, TYPICALLY COUNTY ROAD SO MUCH OF A DISTANCE IN CONCRETE.

ALTERNATIVE SURFACE. AND THEN WHEN GETS TO THE HOUSE OR BUILDING, THAT HAS TO HAVE CONCRETE.

IF YOU WANT TO COMPARE IT TO THAT.

>> THAT'S WHERE I WAS LOST EARLIER.

THE PRIVATE ROAD THROUGH ME OFF. >> I'M WITH YOU.

TO ME, THIS WAS A CUT AND DRIED DENIAL WHEN I FIRST READ THIS THING BUT THAT BEING A PRIVATE ROAD CHANGES EVERYTHING.

ARE WE GOING TO REQUIRE THEM TO PAVE THE ROAD, THEIR SECTION OF

THE ROAD. >> ONE MORE TIME, THAT'S IT.

>> SO I DON'T THINK -- LIKE LAST WEEK, NOT GETTING TO TALK TO P&Z, THEY WERE MAKING A POINT THAT WE WERE ADDRESSING OFF THE EASTGATE BUT NEVER SPOKE TO THE POINT OF WHAT YOU GUYS ARE ADDRESSING NOW, IT IS ON A PRIVATE ROAD.

I DON'T THINK THE CITY EVER ANTICIPATED ANNEXING OR TAKING OWNERSHIP OF ANYTHING HAVING PRIVATE ROAD AND GRAVEL WITHIN IT, EITHER. SO I THINK ABSOLUTELY THE VARIATION THAT WE ARE ASKING FOR, YES, WE WANT TO USE GRAVEL, BUT I'M NOT SAYING WE DON'T WANT TO CHANGE THE GRAVEL THAT'S THERE. I HAVE ALREADY STARTED THE PROCESS OF TRYING TO GET AN ENGINEER TO GIVE US REQUIREMENTS FOR GRAVEL THAT WILL HANDLE THE 90,000-POUND WEIGHT LOAD.

I'M NOT TRYING TO GET AWAY FROM DOING ANY IMPROVEMENTS.

WE ARE TRYING TO GET AN ALTERNATIVE MATERIAL IN THE GRAVEL THAT WILL HANDLE THE REQUIREMENTS.

[00:50:01]

>> PROBABLY ONE THING TO KEEP IN MIND, GUYS, ALSO, IS THAT THIS ROAD IS ASPHALT. THIS IS NOT GRAVEL.

SO I CALL IT A ROAD. IS IT A DRIVE, A ROAD, WHATEVER WE WANT TO CALL IT. THIS MATERIAL IS DIFFERENT FROM THIS MATERIAL. THIS IS JUST LOOSE GRAVEL MATERIAL. AGAIN, THE QUESTION IS, SHOULD THIS NOW BE ADHERE TO OUR CURRENT STANDARD BECAUSE THEY ARE GOING TO BE PUTTING IN A BRAND NEW 6,000 SQUARE FOOT

BUILDING. >> MARCOS, TWO QUESTIONS.

THE ENGINEERED, IMPROVED SURFACE THAT WE DO FROM THE CONCRETE TO THE CONCRETE, AND IT IS PRIVATE DRIVE, SO IT'S LIKE -- IT IS NOT

OURS ANYWAY. >> RIGHT.

>> SO WHAT ABOUT, JUST WHAT ABOUT, WHAT ABOUT IF HE WOULD GO AHEAD AND GET THAT ENGINEERED OTHER SURFACE DONE, YOU KNOW WHAT I'M TALKING ABOUT, I'M NOT SAYING IT QUITE RIGHT, HE COULD TURN IT IN, GET IT DONE IT OUR STANDARDS AS ALTERNATIVE

SURFACE. >> SOMETHING THAT CAN HANDLE

90,000 POUNDS. >> WE ARE NOT MAKING HIM WHOLE

BUY AWHOLE BUNCH OF CONCRETE. >> WE NEED TO BE PREPARED FOR FOLKS ASKING THESE QUESTIONS ALL THE TIME.

IF WE SET THE PRECEDENT, WHICH WE DID IN THIS LAST CASE, IF WE SET IT HERE, WE HAVE TO EXPECT EASTGATE TO -- I CAN'T SPEAK FOR THE FUTURE. I WOULD JUST IMAGINE THAT FOLKS WILL START LOOKING AT THIS CASE AS, LIKE, OKAY, YOU KNOW, LET'S COME ASK, LET'S COME ASK. I THINK OUR STANCE IS, THE IDEA OF TRYING TO GET IT TO CURRENT CODE, CURRENT STANDARD.

>> THAT PROPERTY WAS FACING EASTGATE, IF THAT WASEASTGATE, I DON'T SEE THERE'S NO ARGUMENT TO BE MADE.

HE JUST HAS TO PUT ON CREATE IN. ONE DAY IN THE T FUTURE, WE WILL DEW SOMETHING WITH EASTGATE ROAD.

>> DEVELOPER DID IT DOWN ROBINSON, HE PUT CONCRETE IN.

>> I ABSOLUTELY UNDERSTAND. >> BEING A PRIVATE DRIVE CHANGES

EVERYTHING. >> ONE OTHER THING, WE JUST TALKED ABOUT, OKAY, YOU HAVE A DRIVEWAY THAT'S ENGINEERED GRAVEL, CONCRETE TO THE HOUSE, CONCRETE TO THE STREET.

OKAY. THAT'S AT THE HOUSE.

>> BUT THAT'S NOT A STREET. YOU ARE COMING OFF SOMEBODY'S

DRIVEWAY. >> WE ARE COMING OFF -- WE COME OFF A STREET OVER HERE TO GRAVEL.

THEN WE GO TO CONCRETE TO GET TO THE HOUSE.

YOU HAVE A PRIVATE DRIVE. >> NOT A STREET.

>> RIGHT. BUT YOU HAVE A PRIVATE DRIVE BUT YOU GO TO THE HOUSE, YOU HAVE TO PUT THE CONCRETE AROUND THE HOUSE. HERE YOU HAVE A BUSINESS,

INSTEAD OF A HOUSE. >> IF THIS WAS A HOME, YOU WOULD

BE PUTTING -- [INAUDIBLE]. >> YOU ARE RIGHT, WE REQUIRE 20

BY 20 IN RESIDENTIAL. >> [INAUDIBLE].

>> GOING BACK DOWN THE ROAD THAT TED WAS HEADED, IS IT POSSIBLE TO GIVE THE EXCEPTION OR THE VARIANCE FOR THIS BUT ALSO REQUIRE A SURFACE THAT'S RATED FOR THE 90,000 POUNDS?

>> ABSOLUTELY. IF THAT'S WHAT THE COUNCIL WANTS TO DO. IS 90,000 THE NUMBER, FIRE TRUCK

NUMBER. >> [INAUDIBLE].

>> WE REQUIRE THE PARKING IN FRONT OF THE HOME, IF THIS WAS RESIDENTIAL, TO BE CONCRETE. 20 BY 20, WHICH YOU WERE JUST

SPEAKING ABOUT. >> THAT'S THE QUESTION OF THE COUNCIL. GRANT THE EXCEPTION --

[INAUDIBLE]. >> DIDN'T WE JUST REDO THOSE

ROADS? >> YEAH.

[00:55:01]

>> CAN I MAKE A MOTION? >> PLEASE, SIR.

>> I MAKE A MOTION THAT WE APPROVE THIS VARIANCE WITH THE EXCEPTION THAT ALTERNATIVE SURFACE MUST MEET THE ENGINEERED

REQUIREMENT OF 90,000 POUNDS. >> I WILL SECOND THAT.

>> MOTION AND SECOND. PLEASE VOTE.

PASSES 5-0. THANK YOU VERY MUCH.

YOU GOT YOUR ROCK DRIVEWAY. ALL RIGHT, NOW WE GO TO 40.

[2022-040]

CONSIDER AND ACT UPON A BID AWARD TO TEXAS MATERIALS GROUP, INC. DBA TEXASBIT FOR A PACKAGE OF ELEVEN ROADWAY ASPHALT REHABILITATION PROJECTS IN A BASE BID AMOUNT OF $2,509,479.01 PLUS A 5% CONTINGENCY OF $125,473.95 FOR A TOTAL PROJECT AMOUNT NOT TO EXCEED $2,634,952.96.

ADAM, PLEASE. >> MAYOR PRO TEM, COUNCIL, GOOD EVENING. THIS IS OUR ANNUAL ROAD REHAB PROJECT. COUNCIL HAS GRACIOUSLY PROVIDED SOME MORE MONEY THIS YEAR, WE WERE ABLE TO LOOK AT MORE ROADS.

WE DID GO THROUGH THE BUDGET PROCESS, WE DECIDED WHICH ROADS NEED TO BE REHABBED. I DO WANT TO HAVE A -- I WILL ADD COMMENT HERE IN A SECOND. FOR THE RECORD, WE ARE LOOKING AT THE ROADS TO BE REHABBED. CRYSTAL DRIVE, LAKE GROVE LOOP, MCCALPEN ROAD, ROLLING ROAD LANE, SHERWOOD COURT, SINGLETON ROAD, WATER WORKS DRIVE, WILLOW BEND DRIVE AND WILLOW CREEK DRIVE. WE HAD 7 BIDDERS ON THESE.

WE HAD LARGE CORPORATIONS LOOKING INTO THIS PROJECT.

WE WERE FORTUNATE TO HAVE TECHSS BIT TO BE THE APPARENT LOW BIDDER WITH YOUR APPROVAL. THEY DID A GREAT JOB FOR US LAST YEAR. I WILL SAY THAT WITH THE WEATHER EVENTS THAT WE HAD LAST YEAR, WE WERE ABLE TO CHANGE GEARS AND REDIRECT SOME OF OUR MONIES ON ROADS THAT WERE DESTROYED DURING THE WEATHER EVENT. SOME OF THOSE ROADS GOOD PUSHED ON THE BACK BURNER, SOME OF THE ROADS WE DIDN'T GET DONE LAST YEAR ARE GETTING DONE THIS YEAR. WE DID PUT SOME EXTRA MONEY IN TO ALLOW US TO ADD A ROAD IF WE NEEDED TO OR DISRUPTION HAPPENED OR WE NEED TO CATCH THIS ROAD, WE DID PUT A CONTINGENCY IN.

WE ARE WITHIN THE BUDGET. I'M HERE TO ANSWER ANY QUES

QUESTIONS. >> I ONLY HAVE ONE QUESTION.

IT IS A GIANT WHAT IF, PROBABLY CAN'T ANSWER IT.

BUT AT ONE POINT, TALKING ABOUT CROSSING WATER WORKS AND I KNOW THEY CHANGED THEIR MIND. I SEE WATER WORKS IS ONE OF THE ROADS DESPERATELY NEEDS IT. IF THEY DO CROSS, DO WE HAVE A PLAN FOR THE DAMAGE THAT IS GOING TO CAUSE?

>> YEARS AGO, THEY WERE TALKING ABOUT REALIGNMENT OF POWER.

[INAUDIBLE] . >> I HAVEN'T EVEN TALKED TO

STAFF SO IT IS NOT IN THE WORKS. >> [INAUDIBLE].

>> THAT ROAD DESPERATELY NEEDS IT.

>> THEY TEAR IT UP, THEY HAVE TO PAY FOR IT.

>> YOU SAID SINGLETON ROAD WAS ONE OF THE ROADS.

>> THAT'S CORRECT, SIR. >> HOW FAR DOWN DOES THAT GO?

DOWN TO THE CITY LIMITS? >> IT DOES.

>> THANK YOU. >> ANY OTHER QUESTIONS?

>> SINGLETON ROAD, I CAN GIVE YOU THE LENGTH.

PROBABLY JUMPING BACKWARDS. 44.

YEP. >> TO WHERE THE CITY MEETS THE COUNTY THERE, SOMEWHERE IN FR FRONT.

[01:00:04]

>> WE DID A PORTION ALREADY OF THE FRONT END.

WE WILL FINISH THAT PORTION ALL THE WAY TO THE COUNTY LINE.

>> GOOD. THAT ROAD IS TERRIBLE.

>> GENTLEMEN? MOVE.

>> MOVE TO APPROVE. >> SECOND.

>> WE HAVE A MOTION TO APPROVE AND SECOND.

PLEASE VOTE. >> THANK YOU.

ALL RIGHT, NEXT. 2022-041.

[2022-041]

WE DO HAVE A SPEAKER ON THIS ONE.

>> GOOD EVENING, MAYOR PRO TEM, COUNCIL.

AS PART OF OUR MASTER PLAN AND PART OF OUR IMPACT FEE CIP PROGRAM ON THE WASTE WATER SIDE, WE HAVE HAD PART OF THE CORRIDOR FOR THE SOUTH PART OF TOWN, WHICH IS ALONG 663 AND ALSO NOW THE 14TH STREET CORRIDOR, THE PLANS FOR A REGIONAL LIFT STATION WHICH WOULD BE LOCATED HERE WITHIN DOVE CREEK.

THIS FACILITY IS SET UP AND DESIGNED SO THAT WE CAN ACCOMMODATE THE RELEASE OF THE COULCOVENTRY.

AND THEN NEXT PHASE WE WOULD PLAN FOR IS A BRAND NEW LINE TO THE HILLCREST STATION. LOOKING AT PUTTING IN ONE STATION TO ELIMINATE TWO STATIONS.

THAT HAS BEEN THE PLANS FOR YEARS.

WE HAVE DEVELOPMENT NOW DRIVING THE NEED FOR THIS BUT WE ALSO WANT TO GET THESE LIFT STATIONS OFFLINE.

SO AS PART OF THE AGREEMENT, AGAIN, WE DO HAVE THE DEVELOPER IS PARTICIPATING IN THE COST OF THE LIFT STATION ALONG WITH THE DESIGN OF THE LIFT STATION. WE ARE LOOKING AT MAKING THIS A CITY PROJECT. CITY PROJECT, CITY'S COST, DEVELOPER WOULD STILL BUILD THIS AS WELL BECAUSE, REALLY, EVERYTHING WITHIN THE DEVELOPMENT IS NOT GOING TO BE DRAINING TO THIS GRAVITY LINE. THIS WILL TAKE OFF A LIFT STATION. THAT'S SOMETHING THAT WE ARE DOING TO ELIMINATE THE LIFT STATION.

AGAIN, ALL HE WILL THE HILLCREST LIFT STATION.

AS PART OF THIS AGREEMENT, WE HAVE THIS AS IMPACT FEE FACILITY. THE $1.8 MILLION IS COMING FROM SANITARY SEWER IMPACT FEES THAT WE HAVE LOCATED OVER THE YEARS.

IT WILL BE HUNDRED PERCENT FUNDED BY IMPACT FEES.

SO THAT WOULD NOT COME FROM RATES.

IT COULD COME FROM FEES THAT WE HAVE COLLECTED.

AND THE INTENT WOULD BE TO ALSO DO THIS PROJECT AS WELL IN THE FUTURE AS AN IMPACT FEE PROJECT AS WELL, USING IMPACT FEES TO

COVER THAT PROJECT. >> I HAVE A QUICK QUESTION FOR JOE. JOE, THIS MIGHT BE A DUMB QUESTION. I LIVE IN THAT NEIGHBORHOOD.

JUST WANTED TO KEEP IT ON THE UP AND UP.

>> NOBODY ELSE LIVES THERE, WE ARE ALL GOOD.

>> SO WE WILL PUT ONE IN AND GET RID OF TWO.

VERY BENEFICIAL THING, ISN'T IT? >> YES, SIR.

>> WE HAVE BEEN LOOKING AT DOING THAT FOR YEARS.

>> WE HAVE. PART OF THE -- WE HAVE BEEN ACHE TO BUILD THE INFRASTRUCTURE AS WE HAVE BEEN BUILDING 14TH STREET TO PICK UP THIS SEWER AND RELEASE 663.

>> ANY OTHER QUESTIONS BEFORE WE HAVE THE SPEAKER -- OR SHE IS A

SPEAKER, KATHERINE WRIGHT? >> YES, PLEASE.

>> NAME AND ADDRESS FOR THE RECORD, PLEASE.

>> KATHERINE WRIGHT, 491 EAST PM875 MIDLOTHIAN, TEXAS.

I SOLD THIS PROPERTY TO ARBOR DEVELOPMENT.

I HAVE A QUESTION. IT LOOKS LIKE THE DOVE CREEK STATION SHOWS LIKE IT IS IN WATER.

IS THAT CORRECT? I MEAN, IT IS BLUE.

>> THEY ARE JUST USING THAT FOR COLOR REPRESENTATION.

>> I WAS KIND OF LIKE, I DON'T WANT TO LOSE MY LAKE.

I WANTED TO ASK THE CITY TO WORK WITH ME A LITTLE BIT.

I KEEP GETTING -- THEY ARE GOING TO DO WHAT THEY ARE SUPPOSED TO DO, ACCORDING TO OUR CONTRACT, AND THEY ARE ALWAYS GOING TO, GOING TO, BUT THINGS DON'T GET DONE THAT THEY WERE SUPPOSED TO DO. I WANT TO BRING THAT TO THE CITY'S ATTENTION, MAYBE YA'LL CAN ASSIST ME NOT TO LET THIS GET FINISHED AND THEY HAVEN'T UPHELD THEIR END OF OUR BARGAIN

ON THE CONTRACT. >> I THINK YOU NEED TO TALK TO ONE OF THE GENTLEMAN BEHIND YOU IN THE BLUE TIE.

[01:05:03]

I WOULD LOVE TO HELP, BUT THAT GUY RIGHT THERE WOULD LOVE TO

HELP. >> I HAD HEARD IN ANOTHER MEETING BEFORE THAT SOMEBODY WAITED TOO LATE TO BRING UP ANYTHING AND THEN IT WAS TOO LATE FOR YA'LL TO HELP GET THE

CONTRACT UPHELD. >> THIS IS A REAL GOOD TIME FOR

YOU. >> YOU'RE RIGHT.

>> ANYBODY HAVE ANY QUESTIONS FOR MIKE?

>> MAKE A MOVE TO APPROVE. >> SECOND.

>> WE HAVE MOTION AND A SECOND. PLEASE VOTE.

PASSES 5-0. THANK YOU, SIR.

[2022-042]

CONSIDER AND ACT UPON RESCINDING COUNCIL AUTHORIZATION FOR THE PURCHASE OF A 2023 MY INTERNATIONAL HV607 DUMP TRUCK FROM SOUTHWEST INDUSTRIAL TRUCKS, INC. AND APPROVING THE PURCHASE OF A VOLVO VHD64300 DUMP TRUCK FROM BRUCKNER TRUCK SALES, INC., UTILIZING THE HOUSTON-GALVESTON AREA COUNCIL COOPERATIVE PURCHASING PROGRAM, IN AN AMOUNT NOT TO IN AN AMOUNT NOT TO EXCEED $153,205.

>> MAYOR PRO TEM, COUNCIL. FOR THOSE THAT DO NOT KNOW ME, I'M JOE RICHIE, WATER PLANT MANAGER.

WE, IN OCTOBER, YA'LL OKAYED A VERSION FOR THE INTERNATIONAL FOR $119,000. SINCE THEN, WE HAVE BEEN TOLD THAT NO NEW ORDERS, WITH SUPPLY PROBLEMS WE ARE HAVING.

WE ARE ASKING TO RESCIND THAT. WE FINALLY, AFTER RESEARCH, WE FINALLY FOUND ONE ON THE GROUND THAT'S HERE IN DALLAS AND THEY ARE HOLDING IT FOR US. THE PRICE OF THAT IS A LITTLE MORE. WE HAVE SAVED MONEY WITH BUYING OUR FRONT END LOADER AS WELL AS A PICKUP.

WE WILL UTILIZE THAT MONEY TO MAKE UP THE SHORT FALL FROM THE 145,000 TO 153, WHICH IS WHAT THE NEW DUMP -- THIS DUMP TRUCK IS ALSO LARGER THAN THE ONES THAT WE INITIALLY ORDERED.

ANY QUESTIONS? >> SOUNDS GOOD TO ME.

>> MOVE TO APPROVE. >> SECOND.

>> MAKE A MOTION AND SECOND, PLEASE VOTE.

AND IT PASSES 5-0. THANK YOU VERY MUCH, SIR.

[2022-043]

CONSIDER AND ACT UPON THE PURCHASE OF A PERRY WEATHER OUTDOOR WARNING SYSTEM INCLUDING PUBLIC ANNOUNCEMENT SYSTEM FOR A 123,381 EQUIPMENT COST AND $14,400 SERVICE COST EACH YEAR FOR THE NEXT 5 YEARS.

>> I'M HERE TO DISCUSS THE REPLACEMENT OF OUR CURRENT LIGHTNING SYSTEM THAT WE HAVE OUT IN THE PARKS.

IT IS OUT DATED AND WE ARE HAVING GREAT DIFFICULTY KEEPING THEM RUNNING. WE HAVE HAD A LOT OF ISSUES WITH THEM NOT SIGNALING WHEN WE HAVE A STORM COMING AND WE ARE SENDING STAFF OUT IN THE MIDDLE OF A STORM, IN THE MIDDLE OF SOCCER GAMES TO RESET, RESET, RESET.

WE ARE RECEIVING A LOT OF CALLS THAT THEY DID NOT GO OFF.

WE HAVE A QUARTERLY MAINTENANCE PROGRAM FOR THESE SYSTEMS AND WE HAVE HAD MULTIPLE TIMES WHERE TWO DAYS AFTER WE HAVE HAD THE MAINTENANCE PERFORMED, THEY DON'T WORK.

SO STAFF, ANY TIME WE HAVE A POWER OUTAGE, A BLINK, STAFF HAS TO GO OUT AND RESET, REPROGRAM THE SYSTEMS AND THE PROBLEM WITH THIS IS, IS THAT WHEN WE HAVE TO GO OUT AND DO THAT, EVERYONE OUT THERE HAS NOW MISSED HAVING ANY OF THE WARNING SYSTEM WHICH THEY ARE USED TO LOOKING FOR AND, UNFORTUNATELY, IF THEY ARE NOT PAYING ATTENTION AND REALIZING THAT WE ARE HAVING A PROBLEM, THEY MAY NOT GET THE KIDS OFF TO THE FIELD SOON ENOUGH.

THERE'S A NEW SYSTEM THAT WE ARE LOOKING AT WHICH IS THE PERRY WEATHER SYSTEM. IT IS A COMPLETELY DIFFERENT SYSTEM THAN THE CURRENT SYSTEM OUT THERE.

RIGHT NOW, WE HAVE LARGE UNITS HOOKED ON TOP OF OUR BUILDINGS IN DIFFERENT AREAS. WE JUST HAD THE ONE AT MOUNTAIN

[01:10:04]

AND THEY ARE RUN THROUGH AN APP THAT RUNS THROUGH THE CLOUD THAT WE HAVE ONE WEATHER STATION THAT WILL GIVE US REALTIME DATA TO RIGHT HERE IN OUR AREA AS WELL AS DOPPLER RADAR RUNS THROUGH IT. AND THERE'S NO QUARTERLY MAINTENANCE FOR ANYONE TO COME OUT.

THEY ARE ACTUALLY CONSTANTLY MONITORED THROUGH PERRY WEATHER THROUGH THE CLOUD SYSTEM THAT WHEN THERE'S A PROBLEM, THEY ACTUALLY TYPICALLY KNOW IT BEFORE WE DO.

THIS WOULD BE REPLACING ALL OF THEM, JUST SO WE HAVE COMMON GROUND. THESE OTHER SYSTEMS WERE PUT IN IN 2008. AND ACTUALLY ACCORDING TO OUR DEPRECIATION THAT WE LOOKED THROUGH AND FINANCE, THEY ARE SET TO BE OUT OF DATE NEXT YEAR. SO WE ALMOST MADE IT.

BUT THIS SYSTEM IS COMPLETELY OUT DATED COMPARED TO -- AS I WAS THINKING, EARLIER, AS JUSTIN SAID, HE WAS PRAYING FOR TECHNOLOGY. WE HAVE BEEN PRAYING FOR TECHNOLOGY TO HOLD ON, JUST TO MAKE SURE WE DON'T HAVE ANY ISSUES AND PUT ANYONE IN DANGER OUT THERE, EXPECTING SOMETHING TO WORK AND IT DOESN'T. THIS SYSTEM IS NOT IN THE BUNG BUDGET. WE DID NOT BUDGET FOR IT.

THE ISSUES KEPT GOING FURTHER AND FURTHER AND AT THIS POINT, SINCE WE KNEW WE HAD A SAFETY ISSUE, WE FELT IT NECESSARY AS BEING THE CITY AND NOT PUTTING LIABLE ON OURSELF FOR KNOWING THAT WE HAVE A FAULTY SYSTEM, TO COME TO COUNCIL AND REQUEST THE FUNDING TO MAKE THESE IMPROVEMENTS.

AND I'LL BE HAPPY TO ANSWER ANY QUESTIONS.

>> WHERE DO YOU WANT TO GET THE FUNDING?

RESERVE FUND. >> [INAUDIBLE].

>> AS THE PARK LIAISON, I HAVE SEEN YOUR JUDGMENT, I TRUST IT.

AND AS A CITY COUNCILMAN, I HAVE SAID IT BEFORE AND I WILL SAY IT AGAIN, PUBLIC SAFETY HAS TO BE OUR NO. 1 PRIORITY.

IF YOU ARE SAYING THIS IS A PUBLIC SAFETY CONCERN, I WILL TAKE YOU AT YOUR WORD AND YOUR JUDGMENT AND I SEE NO REASON NOT

TO APPROVE THIS. >> JUST A COUPLE QUESTIONS.

MY MEMORY IS GOING BACK TO APPROVING, I FEEL LIKE A BRAND NEW ONE OF THESE THAT CAME APART, OR AT LEAST THE TOWER FOR

ONE. >> WE HAVE -- KIMMEL HAS ONE OF THE NEWER ONES AND ONE AT COMMUNITY WHEN THEY BUILT THAT NEW PARK. SO THESE ARE NEWER SYSTEMS.

>> NEWER THAN THE ONE WE PIT ON KIMMEL TWO YEARS AGO, OR THREE

YEARS? >> THE ONE AT -- THEY PROBABLY PUT IT, AGAIN, IT IS BEFORE MY TIME FOR THOSE COUPLE OF UNITS, BUT THE MAJORITY OF THEM WERE IN 2008 AND THERE WERE -- THERE WAS A UNIT PUT IN AT COMMUNITY PARK WHEN IT WAS BUILT IN 2017.

AND THE KIMMEL IS ALSO A NEWER ONE.

>> THAT WAS MY SECOND QUESTION. SO THE COMMUNITY PARK PHASE TWO, THAT WAS ALREADY IN ITS CONSTRUCTION.

>> IT DOES NOT HAVE ONE. >> WE DIDN'T PUT THAT IN THE

CONSTRUCTION BUDGET. >> IT IS NOT IN THERE.

>> TWO MONITORING SYSTEMS? >> THIS WOULD BE TWO, SO IT IS 9 SYSTEMS IN TOTAL. SO COMMUNITY PARK IS SO BIG, IT REQUIRES TWO IN ORDER TO REACH THE FOOTAGE FOR IT TO BE HEARD AND THE LIGHT TO BE SEEN. SO IT WOULD BE REPLACING BOTH OF THOSE. SO IT IS ALL RUNNING OFF OF THE SAME SYSTEM. SO WE DON'T HAVE ONE SIDE OF THE PARK GOING OFF AND THE OTHER SIDE NOT MATCHING THAT.

SO WE WERE JUST GOING TO TRY TO REPLACE THE WHOLE SYSTEM AT ONE TIME, SO WHEN WE HAVE PEOPLE THAT MAY BE A SOCCER PARENT, THEY KNOW THE SAME THING TO EXPECT WHEN THEY ARE A BASEBALL PARENT AND WE DON'T HAVE THEM PLAYING SOCCER AT HAWKINS AND THEN GOING OVER TO COMMUNITY AND HAVING A COMPLETELY DIFFERENT WARNING SYSTEM THAT MAY HAVE DIFFERENT TIMING.

THIS ONE IS MUCH MORE CONTROLLABLE.

WE CAN PICK THE RANGE OF MILES AWAY THAT WE CALL OUT THAT IT PROVIDES THE WARNING. THE SYSTEM WE CAN ALSO UTILIZE, WE CAN TYPE INTO IT AND IT CAN PLAY A WARNING FOR US OR WE CAN USE IT IN AN EVENT TO MAKE ANNOUNCEMENTS.

SO THERE'S MULTIPLE DIFFERENT USES FOR THAT.

SO THE MAIN THING WAS, WE COULD KEEP SOME OF THE SYSTEMS AND LEAVE THEM. BUT WE WILL HAVE TWO COMPLETELY SYSTEMS IN ONE PARK. THAT'S WHY WE WERE DOING IT.

[01:15:01]

>> I GET IT IS EASIER TO PUT IT ALL UNDER ONE SYSTEM.

I ASSUME THIS WAS NEXT YEAR'S BUDGET BECAUSE YOU WERE PLANNING

FOR IT TO LAST EIGHT YEARS? >> WHAT IS A PUBLIC ANNOUNCEMENT

SYSTEM. >> SO IT IS -- SO FIRST OFF, THIS WILL DO THE HORN, SIREN LIKE THE OLD ONES AND IT WILL DO THE LIGHT. BUT THE PUBLIC ANNOUNCEMENT SYSTEM ALSO, WHAT I WAS JUST SAYING, ALLOWS US TO PROGRAM.

WE CAN GO IN THE COMPUTER AND SET -- IF WE WANTED TO SAY TAKE COVER, IT WOULD PUT THAT OUT. OR WE CAN USE IT, LET'S SAY, AT THE COMMUNITY PARK PLAY DAY EVENT WE'RE GOING TO DO, WE COULD SAY WELCOME TO THE COMMUNITY PARK PLAY DAY.

WE CAN PROGRAM IT. ONLY STAFF WILL HAVE ACCESS TO THAT. IF YOU ARE NICE, I WILL LET YOU PROGRAM SOMETHING. IT IS NOT SOMETHING THAT, YOU KNOW, ANYONE CAN GET INTO. ONLY STAFF HAS THE ACTUAL APP

FOR IT. >> I GUESS I'M GOING TO STIR THE POT, SINCE IT WAS PUBLIC SERVICE WARNING SYSTEM, POLICE AND FIRE DIDN'T WANT TO PITCH IN IN THEIR BUDGET?

>> I DON'T THINK ANYONE JUMPED AT IT WE DISCUSSED IT.

>> OKAY. HOW MANY DAYS IS ONE DAY OF

RESERVE FUND BALANCE? >> WE ARE SPENDING A DAY.

>> I'M WITH MR. HARTSON, THERE IS NOT A QUESTION WHETHER WE ARE GOING DO THIS OR NOT, IT IS HOW QUICK YOU WANT TO DO IT.

IF YA'LL DOESN'T DON'T MIND, I E THE MOTION TO APPROVE.

>> SECOND. >> HEATHER, WHAT IS THE TIMELINE ON GETTING IT INSTALLED? WILL IT BE READY FOR SPRING

SPORTS? >> YES, IT WILL.

I SPOKE WITH HIM AGAIN TODAY AND HE REASSURED ME THEY CAN GET ON

THIS VERY QUICKLY. >> THANK YOU.

>> THANK YOU VERY MUCH. >> PASSES 5-0.

ALL RIGHT, ONE MORE. 2022-044 CONSIDER AND ACT UPON

[2022-044]

ESTABLISHING AN EFFECTIVE DATE. >> AS STATED IN THE PREVIOUS ITEM, THIS WOULD APPROVE THE BUDGET AMENDMENT TO FUND THEM.

>> MOVE TO APPROVE. >> SECOND.

>> ALL RIGHT. THE COUNCIL WILL CONVENE INTO

[EXECUTIVE SESSION]

5. SECTION 551.087 ECONOMIC DEVELOPMENT: (1) DELIBERATION REGARDING COMMERCIAL OR FINANCIAL INFORMATION RECEIVED FROM A BUSINESS PROSPECT AND/OR (2) TO DELIBERATE THE OFFER OF A FINANCIAL OR OTHER INCENTIVE TO A BUSINESS PROSPECT. PROJECT 2109, 2117 WE WILL GO THAT EXECUTIVE SESSION. THANK YOU.

>> LADIES AND GENTLEMEN, ON THE WAY BACK FROM EXECUTIVE SESSION,

WITH ONE MOTION, PLEASE. >> YES, SIR, I MOVE THAT THE CITY MANAGER BE AUTHORIZED TO NEGOTIATE AND EXECUTIVE AN AGREEMENT WITH JHD VILLAGES TO PURCHASE, 1, A 109,000 12K3W4R ABSTRACT NOWSM 1180, AND ABSTRACT NOWM 343:AND AND .527

[01:20:12]

BOTH LOCATED WITHIN THE CITY OF MIDLOTHIAN, ELLIS COUNTY TEXAS, $82,506. IN ASSOCIATION WITH CONSTRUCTION OF THE SOUTH WALNUT GROVE ROAD PROJECT PLUS PAYMENT OF ALL RELATED CLOSING COSTS, CITY MANAGER IS FURTHER AUTHORIZED TO EXECUTE ON BEHALF OF THE CITY SUCH ADDITIONAL CLOSING DOCUMENTS AS MAY BE REQUIRED BY SUCH AGREEMENT AND TITLE COMPANY AS NECESSARY TO CLOSE THIS TRANSACTION.

>> SECOND. >> VOTE, PLEASE.

>> AND VOTE IS 5-0. WE ARE DONE.

GENTLEMEN, THANK

* This transcript was compiled from uncorrected Closed Captioning.