Feb 07, 2022 City Council Regular Meeting

[1. CALL TO ORDER Invocation - Brendan Bagnell, Turning Point Church Pledge of Allegiance to the US Flag Texas Pledge: Honor the Texas Flag; I pledge allegiance to thee, Texas, one state under God; one and indivisible]

[00:00:04]

GOOD EVENING. I'M GOING TO OPEN THIS SESSION UP AT FIVE THIRTY SIX.

IF YOU HAD RISE, WE'RE GOING TO HAVE BOB MASSIE WITH A TURNING POINT CHURCH.

WELCOME BOOK AND REMAIN STANDING FOR OUR OUR PLEDGES.

THANK YOU, MAYOR. OUR FATHER WHO ART IN HEAVEN, WE WERE HONORED THAT WE CAN CALL YOU OUR FATHER THROUGH CHRIST, JESUS, OUR LORD.

THAT'S JUST AMAZING.

AND FATHER GOD, WE PRAY YOUR KINGDOM INFLUENCE OF GRACE LORD YOUR KINGDOM, INFLUENCE OF RIGHTEOUSNESS AND PEACE AND JOY.

INFLUENCE EVER AGENDA DISCUSSED THIS EVENING.

EVERY DECISION MADE.

LORD FOR THE GOOD OF OUR COMMUNITY.

THE SATISFACTION OF THIS COUNCIL AND TO THE HONOR OF YOUR NAME AND IT'S IN YOUR NAME.

WE PRAY. AMEN.

GOOD EVENING, MAYOR AND COUNCIL THAT BRINGS US TO SECTION TWO OF TONIGHT'S AGENDA PUBLIC PRESENTATIONS. WE HAVE NO PROCLAMATIONS OR PRESENTATIONS AT THIS TIME.

[C. Community Interest Items This is a standing item on the agenda of every regular meeting of the City Council. An "item of community interest" includes the following: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; honorary recognitions of city officials, employees, or other citizens; reminders about upcoming events sponsored by the city or other entity that is scheduled to be attended by city official or city employee; and announcements involving imminent public health and safety threats to the city.]

IT APPEARS WE'VE HAD VERY LITTLE TROUBLE AND I KNOW THAT WAS TOUGH FOR ALL OF YOU FELLOWS. FIRE DEPARTMENT, POLICE DEPARTMENT, CITY WORKERS AND OTHERS.

YOU WERE WORKING NIGHT DAY AS IT ENDED UP, IT APPEARS, ENDED UP GREAT AND YOU DID A GREAT JOB. YOU SAID IT BETTER, RONNY.

I WON'T SAY IT AGAIN. GOOD JOB, GUYS.

WELL, IT IS. FEBRUARY AND FEBRUARY MARKS BLACK HISTORY MONTH, WHICH IS A TIME TO COMMEMORATE AND REFLECT ON REMARKABLE AFRICAN-AMERICAN TRAILBLAZERS WHO HAVE LEFT ENDURING LEGACIES BY IGNITING A DESIRE FOR HOPE AND CHANGE.

I'LL QUOTE BY BOOKER T.

WASHINGTON. SUCCESS IS TO BE MEASURED NOT SO MUCH BY THE POSITION THAT ONE HAS REACHED IN LIFE, AS BY THE OBSTACLES WHICH HE HAS OVERCOME WHILE TRYING TO SUCCEED.

MAYOR, IF I COULD, I JUST WANTED TO SAY THANK YOU TO THE COUNCIL MEMBERS FOR RECOGNIZING THE STAFF, WE DID HAVE A LOT OF FOLKS OUT WORKING TWENTY FOUR SEVEN, SO THANK YOU TO EVERYONE THAT HELPED US GET THROUGH THIS ICE STORM.

I ALSO WANT TO THANK THE CITY COUNCIL FOR SUPPORTING THE BUDGET THIS PAST YEAR.

AS YOU KNOW, WE HAD SOME MATERIALS AND EQUIPMENT THAT WERE INCLUDED RELATED TO FUTURE ICE STORMS. UNFORTUNATELY, WE DIDN'T KNOW IT WAS GOING TO COME THIS QUICKLY, AND I HOPE THIS IS THE LAST TIME I HAVE TO SAY THANK YOU FOR ALLOWING US TO HAVE THAT EQUIPMENT, BUT WE DO APPRECIATE EVERYONE'S SUPPORT.

SO THANK YOU. THAT'S IT.

OK. THAT BRINGS US TO SECTION THREE CHANGES TO THE POSTED AGENDA.

[A. Items to be continued or withdrawn.]

[B. Items to be withdrawn from Consent Agenda for separate discussion or items to be added to the Consent Agenda.]

OK. AND THEN IF COUNCIL AGREES, I WOULD LIKE TO MAKE A MOTION TO ADD 7B THROUGH 7E E.

IN OTHER WORDS, THAT SEVEN B, C, D AND E TO THE CONSENT AGENDA.

SO AT THIS TIME, THAT'S ACTUALLY ITEM 3B, WHICH IS ITEMS TO BE WITHDRAWN FROM CONSENT AGENDA THAT DOES REQUIRE A MOTION, A SECOND AND A VOTE BY THE COUNCIL TO MOVE THOSE ITEMS BEFORE YOU AS ITEMS SEVEN, A, B, C, D AND E TO BE REMOVED PRIOR TO ANY OTHER MOTION.

THOUGH I DO HAVE TO SAY THAT I DO HAVE A SPEAKER CARD IN RELATION TO ITEMS SEVEN D AND SEVEN E, AND SO I WILL READ THAT INTO THE RECORD AT THIS TIME.

SEVEN D AND SEVEN E AND WITH THE UNDERSTANDING THAT THIS IS NOW, I'M SORRY.

[00:05:03]

THE COST IS ASTRONOMICAL.

IF IT WERE UP TO ME AND IT ISN'T, I WOULD VOTE NO ON THE BASIS OF COST AND HAVE COUNCIL DIRECTED STAFF TO NEGOTIATE THIS DOWN TO UNDER TWO POINT SEVENTY FIVE MILLION.

IF THE MEASURES GO FORWARD, PLEASE DIRECT YOUR COLLECTIVE ATTENTION TO POSSIBLE FUTURE REQUESTS BY THE VENDOR FOR ADDITIONAL EXPENDITURES AND STAND FIRM AGAINST THOSE QUOTES.

AT THIS TIME, IS THERE A MAYOR IF YOU CALL FOR A SECOND FOR THE MOTION? CAN I GET CLARIFICATION? I APOLOGIZE.

IS IT SEVEN A THROUGH E? OR SEVEN B THROUGH E BOARD SUGGESTED B THROUGH E! I'M SORRY. SEVEN B THROUGH E SEVEN B, C, D AND E.

I MOVED TO PLACE THOSE ITEMS ON CONSENT AGENDA.

SECOND THE MOTION.

ARE WE USING DIGITAL ON THIS? IF YOU'LL WAIT JUST A MOMENT, HE'LL TURN ON THE DIGITAL VOTING.

OK? COUNCIL MEMBER MCCLENDON IF YOU'LL USE THE DIGITAL VOTING FOR YOUR MOTION? OH, THANK YOU. SORRY, I'VE SLIPPED.

THERE YOU ARE. TO START OVER ON THIS.

IS THERE A MOTION OR WE ALREADY DID THAT POINT.

IF YOU'LL JUST CALL FOR THE VOTE, MAYOR, PLEASE.

IS THERE A VOTE ON THIS. MOTION PASSES UNANIMOUS.

IF YOU'LL JUST GIVE ME ONE MOMENT.

OK. AT THIS TIME, WE'LL MOVE ON TO SECTION FOUR.

OTHER THAN PUBLIC HEARINGS AND ITEMS LISTED ON THE POSTED AGENDA, CITIZENS IN ATTENDANCE WHO DESIRE TO SPEAK TO THE CITY COUNCIL MAY SPEAK DURING THIS SESSION.

SPEAKERS IN ATTENDANCE.

EACH SPEAKER WILL BE ALLOWED THREE MINUTES TO SPEAK.

IF YOU WOULD LIKE TO SPEAK, PLEASE FILL OUT THE SPEAKER CARD AND HAND IT TO MY OFFICE UP HERE IN THE FRONT SPEAKERS, NOT IN ATTENDANCE, WE'LL FILL OUT AN ONLINE SPEAKER CARD AND MUST BE SUBMITTED 30 MINUTES PRIOR TO THE START OF THE MEETING.

AT THIS TIME, I HAVE NO SPEAKER CARDS THAT ARE NOT IN RELATION TO A POSTED AGENDA ON THE ON THE AGENDA.

OK, I HAVE NO SPEAKER CARDS AT THIS TIME.

[5. CONSENT AGENDA All items listed below are considered to be routine by the City Council and will be enacted with one motion. There will be no separate discussion of the items unless a Councilmember or citizen so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence. Approval of the consent agenda authorizes the City Manager to implement each item in accordance with staff recommendations.]

ALL ITEMS LISTED ON THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COUNCIL AND WILL BE ENACTED IN ONE MOTION.

THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. APPROVAL OF THE CONSENT AGENDA AUTHORIZES THE CITY MANAGER TO IMPLEMENT EACH ITEM IN ACCORDANCE WITH STAFF RECOMMENDATIONS.

AT THIS TIME, THE CONSENT AGENDA CONSISTS OF ITEMS A C, D, E F G, H I AND ITEMS SEVEN, B, C, D AND E.

MAYOR, IF YOU COULD ASK FOR A MOTION, PLEASE? IS THERE A MOTION? MOVED TO APPROVE OR MOVE TO A SECOND.

GOOD GOING ON THE TRIGGER THERE.

JUST BE A COP. COUNCIL IF YOU'LL REMEMBER WHEN YOU MAKE YOUR MOTION, IF YOU WILL STATE YOUR MOTION VERBALLY SO THAT IT'S CLEAR ON YOUR INTENTION OF WHAT YOUR MOTION IS.

AND SECOND, I HAVE A MOTION BY STANFORD AND THE SECOND BRYAN MCCLENDON.

PLEASE VOTE. IT PASSES UNANIMOUS.

THANK YOU, MAYOR AND COUNCIL THAT MOVES US ON TO SECTION SIX, DEVELOPMENT APPLICATIONS.

[D. 2325 SW Wilshire Blvd (Bear Ridge) (Case 20-118): Hold a public hearing and consider approval of an ordinance amending ordinance B-582, the zoning ordinance of the City of Burleson, Texas, by amending the official zoning map and changing the zoning on approximately 215.44 acres from A, Agricultural, C, Commercial, and SF7, Single Family-7, to PD, Planned Development District, to allow for commercial and residential development, making this ordinance cumulative of prior ordinances, providing a severability clause; providing a penalty clause, and providing for an effective date. (First and Final Reading) (Staff Presenter: Tony McIlwain, Director of Development Services) (The Planning and Zoning Commission recommended denial 4 -1). ]

[00:10:02]

THIS IS BEFORE COUNCIL ON 1ST AND FINAL READING.

THE STAFF PRESENTER TONIGHT IS TONY MCELWAIN, DIRECTOR OF DEVELOPMENT SERVICES MR. MCELWAIN. YES, GOOD EVENING MR. MAYOR AND COUNCIL, MAYOR AND COUNCIL HAS BEEN BROUGHT TO MY ATTENTION THAT THE PROPERTY OWNER, THE APPLICANT FOR THIS ITEM, WISHES TO WITHDRAW AT THIS TIME BEING THAT IS IS A PUBLIC HEARING. WE DO HAVE INDIVIDUALS THAT MAY BE INTERESTED IN DISCUSSING THIS MATTER WITH YOU. I BELIEVE MR. WALTER [INAUDIBLE] IS ALSO HERE TO HAVE A MOMENT OF YOUR TIME TO DISCUSS HIS DECISION TO WITHDRAW HIS ZONING APPLICATION.

WITH THAT BEING SAID, I WILL ENTERTAIN ANY QUESTIONS THAT YOU MAY HAVE OF ME.

SO AT THIS TIME, DIRECTOR MCELWAIN, THE IT'S TOTALLY WITHDRAWN FROM THE YES, THAT'S WHAT THE GENTLEMAN WISHES TO HAVE IT DONE, WITHDRAWING FROM CONSIDERATION.

OK. CITY ATTORNEY, CAN YOU ADDRESS THAT, PLEASE? ONCE AN APPLICANT PROPERTY OWNER WITHDRAWS AN APPLICATION FOR ACTION IN THE CITY COUNCIL LOSES JURISDICTION TO PROCEED WITH THE APPLICATION.

SO WE WILL NOT BE PROCEEDING WITH ANY TYPE OF PUBLIC HEARING ON THE MATTER AS THE COUNCIL NO LONGER HAS AUTHORITY TO ACT ON THE MATTER.

AND IF IT IF THERE IS A RESUBMITTAL, IT STARTS OVER AS A BRAND NEW APPLICATION, WHATEVER MIGHT BE SUBMITTED THROUGH THE PLANNING COMMISSION PROCESS.

OK, AT THIS TIME, THEN I WILL MOVE ON TO SECTION TO 6A AND 6B AT THIS TIME, WE WILL CALL ITEMS 6A AND 6B TOGETHER WITH ONE PRESENTATION WITH TWO PRESENTERS.

THERE WILL BE A SEPARATE ACTION FOR EACH OF THESE ITEMS.

[A. Consider approval of a final plat of East Park Addition, Lots 1-8, Block 1, with an approximate address of 3433 East Renfro Street, within the Extraterritorial Jurisdiction of the City of Burleson. (Case 21-150) (Staff Presenter: Tony McIlwain, Director of Development Services)]

[B. 3433 E Renfro Street east of the intersection of Ryan Ave and E. Renfro Street (Case 21-147): Hold a public hearing and consider a waiver to Section 4.5 “Streets” of the Design Standards Manual for the design criteria of private access easements within the East Park Subdivision. (Staff Presenter: Michelle McCullough, Public Works Assistant Director - Development) (The Planning and Zoning Commission recommended denial by a unanimous vote)]

THE STAFF PRESENTER IS TONY MCELWAIN, DIRECTOR OF DEVELOPMENT SERVICES AND SIX B THIRTY FOUR THIRTY THREE EAST RENFRO STREET, EAST OF THE INTERSECTION OF BRYAN AVENUE IN EAST RENFRO STREET. CASE TWENTY ONE DASH ONE FORTY SEVEN.

AND THIS WOULD BE TO HOLD A PUBLIC HEARING AND CONSIDER A WAIVER TO SECTION FOUR POINT FIVE STREETS OF THE DESIGN STANDARD MANUAL FOR THE DESIGN CRITERIA OF PRIVATE ACCESS EASEMENT WITHIN THE EAST PARK SUBDIVISION.

STAFF PRESENTER ON THAT ITEM WILL BE MICHELLE MCCULLOUGH, PUBLIC WORKS ASSISTANT DIRECTOR OVER DEVELOPMENT.

MR. MCELWAIN, IF YOU WOULD LIKE TO TAKE THE FLOOR, YES THANK YOU, MA'AM.

COUNSEL FOR THE EASE OF YOUR CONSIDERATION, WE ARE COMBINING THESE PRESENTATIONS SINCE IT DOES INVOLVE THE SAME PROPERTY AS MS. CAMPOS MENTIONED, THIS PROPERTY IS A LITTLE BIT MORE THAN THIRTY FIVE ACRES LOCATED SOUTH OF THE INTERSECTION OF RYAN AVENUE AND EAST RENFRO STREET.

DANIEL MORGAN WITH DSM TRINITY CAPITAL LLC IS THE APPLICANT FOR THIS SUBDIVISION PLAT.

THE ITEM FOR YOUR CONSIDERATION OF THE NIGHT IS APPROVAL OR DISAPPROVAL OF THE FINAL PLAT AND THEN CONSIDERATION OF A WAIVER TO THE STREETS DESIGN MANUAL.

THIS PROPERTY IS LOCATED OUTSIDE OF THE CITY LIMITS WITHIN OUR EXTRATERRITORIAL JURISDICTION. WHAT IS BEING PROPOSED IS AN EIGHT LOT MULTIFAMILY DEVELOPMENT.

EACH LOT WILL CONSIST OF A MINIMUM OF ONE ACRE WATER SERVICE WILL BE PROVIDED BY BETHESDA WATER SUPPLY WITH AN ONSITE SEWER FACILITY.

HOA'S ARE GOING TO MAINTAIN THE PRIVATE ACCESS EASEMENT AND DRAINAGE IMPROVEMENTS FOR THIS PROPERTY. AS YOU KNOW, WE HAVE AN ANALYTICAL AGREEMENT WITH THE JOHNSON COUNTY THAT MEANS THAT THE CITY HAS PLANNING AUTHORITY WITHIN THE COUNTY.

WE CAN ALSO EXTEND OUR DESIGN GUIDELINES INTO THE ETJ, INCLUDING PAVEMENT STANDARDS.

EXCUSE ME. PER OUR SUBDIVISION ORDINANCE, PRIVATE ACCESS SHALL BE DESIGNED TO FIRE CLEAN STANDARDS IF IT INDEED ACTS AS A FIRE LANE.

INSPECTORS CAN INSPECT THE PRIVATE ACCESS EASEMENT PAVEMENT AND ASSOCIATED DRAINAGE.

THE CITY DOES NOT MAINTAIN THIS PRIVATE FEATURE, THOUGH JOHNSON COUNTY DOES NOT MAINTAIN THE FEATURE, EITHER THAT WOULD BE SUBJECT TO HOA MAINTENANCE.

I WANT TO TAKE A MOMENT TO HAVE MS. MCCULLOUGH GET UP TO TALK IN SOME DETAIL ABOUT THE NATURE OF THE WAIVER REQUEST AND SOME OF THE STANDARDS WITH THE ROADWAY SECTIONS.

GOOD EVENING. MY NAME IS MICHELLE MCCULLOUGH, ASSISTANT DIRECTOR OF PUBLIC WORKS OVER DEVELOPMENT. HOPEFULLY, MY VOICE STAYS WITH ME.

[00:15:04]

SO AS TONY MENTIONED, YOU MAY REMEMBER SEEING THIS SLIDE IN A PREVIOUS WAIVER REQUEST.

WHAT'S DIFFERENT ABOUT THIS ONE IS THIS IS A PRIVATE ACCESS EASEMENT, NOT A PRIVATE ROADWAY. AND AS HE MENTIONED, PRIVATE ACCESS EASEMENTS, IF THEY ACT AS A FIRE LANE HAS TO BE CONSTRUCTED TO OUR STANDARD.

OUR STANDARDS ALLOW TWO DIFFERENT TYPES OF CONSTRUCTION OR TWO TO TWO DIFFERENT MATERIALS, BUT BOTH OF THEM ARE CONCRETE.

THE DEVELOPER DOES NOT WANT TO CONSTRUCT THE ACCESS EASEMENT IN CONCRETE AND DID REQUEST FOR A SECTION TO BE CONSTRUCTED WITH ASPHALT BECAUSE WE DO NOT ALLOW FIRE LANES TO BE CONSTRUCTED WITH ASPHALT.

WHAT WE DID IS WE WORKED WITH THE DEVELOPER AND WE WOULD ACCEPT THE STAFF RECOMMENDATION.

THE LAST COLUMN, WHICH IS ESSENTIALLY A PRIVATE ROADWAY SECTION.

SO IT'S ACTUALLY A BETTER SECTION THAN THE ACCESS EASEMENT THAT WE REQUIRE IN OUR SUBDIVISION ORDINANCE.

SO I'LL JUST TALK A LITTLE BIT ABOUT HOW WE GOT TO THIS POINT.

THEY SEPTEMBER 8TH, THE INITIAL PLAT WAS SUBMITTED.

THIS WAS 15 LOTS AND THEY RANGED IN SIZES FROM TWO TO THREE ACRES AND THEY HAD A DESIGN THAT CONFORM TO THAT PLAT.

THAT PLAT IS APPROVED AND EXIST TODAY, BUT IT IS NOT FILED.

AND AS IT SHOWS UP THERE NOVEMBER 19TH, IT WAS APPROVED.

DURING THIS TIME, THE COUNTY DID UPDATE THEIR SUBDIVISION REGULATIONS AND THEY WILL NOT ALLOW ANYTHING LARGER.

THE ACREAGE OF THE DUPLEX HAS TO MATCH THE ACREAGE OF THE LOT FOR SEPTIC PURPOSES, AND BECAUSE THEY WERE PROPOSING SIX PLEXES, THEN THEY HAD TO HAVE AT LEAST SIX ACRES PER LOT.

SO THEY HAD TO COME BACK THROUGH WITH A RECENT MIDDLE OF THE PLOT, WHICH MEANS THEY HAD TO REDESIGN TO A DEGREE, THE DRAINAGE BECAUSE THE LOT SIZES WERE BIGGER THAN THE GRADING WAS JUST A LITTLE DIFFERENT.

SO THE CURRENT REQUEST, AS I MENTIONED, IS A WAIVER TO THE DESIGN STANDARD MANUAL AS IT RELATES TO STREETS AND ACCESS EASEMENTS.

SO TODAY THE PLOT DOES MEET ALL SUBDIVISION AND PLANNING REGULATIONS.

THE LANGUAGE FOR PLAT APPROVAL STATES THAT IF THE PLAT IS, THE PLAT IS APPROVED, IF THE WAIVER IS APPROVED BY COUNCIL.

ON JANUARY 11TH, THE PLANNING AND ZONING CONDITIONALLY APPROVE THE PLAT SUBJECT TO THE APPROVAL OF THE WAIVER AND SUBSEQUENTLY DENIED THE WAIVER.

THE APPLICANT REQUESTED THE APPEAL TO THE CITY COUNCIL REGARDING THE PLAT AS IT MEETS REGULATIONS AND THE APPROVAL OF THE PLAT APPEAL IS SEPARATE AND APART FROM THE WAIVER REQUEST, SO I'M SPEAKING MORE TO THE WAIVER.

TONY IS SPEAKING MORE TO THE PLAT.

AND THEN THIS IS JUST SHOWING YOU THE DIFFERENCE OF THE TWO PLATS, THE ONE ON THE LEFT WHO'S APPROVED THE ONE ON THE RIGHT IS THE REQUESTED PLAT.

AND DO YOU WANT TO TAKE OVER FROM YOU? THANK YOU. SO WITH REGARD TO DUE DILIGENCE, STAFF DID MAIL NOTICES TO SURROUNDING PROPERTY OWNERS WITHIN 200 FEET OF THE SITE.

IT WAS PUBLISHED IN THE NEWSPAPER.

AND WE HAVE RECEIVED OPPOSITION FROM THE PUBLIC REGARDING THIS REQUEST.

AS MICHELLE MENTIONED, THE PLANNING AND ZONING COMMISSION MADE THEIR PLAT APPROVAL SUBJECT TO THEIR APPROVAL OF THE WAIVER AND THEN SUBSEQUENTLY DENIED THE WAIVER.

DURING THE COURSE OF THAT MEETING, THERE WAS A DISCUSSION WHERE SEVERAL RESIDENTS OF THE NORTH TIMBER CREEK COMMUNITY SPOKE TO THE COMMISSION.

THEY WERE CONCERNED ABOUT EROSION EROSION ISSUES DURING THE RAIN EVENTS OVER THE LAST SEVERAL MONTHS. THE ACTION THAT'S BEING REQUESTED OF YOU TONIGHT COUNCIL IS TO APPROVE THE FINAL PLAT OF EAST PARK EDITION.

THIS PLAT DOES MEET THE CITY'S PLATING REQUIREMENTS, AND THE SECOND ACTION IS REGARDING THE WAIVER REQUESTS WHERE YOU WILL HAVE TO OPEN A PUBLIC HEARING HERE TO ENTERTAIN DISCUSSION, CLOSE THE PUBLIC HEARING AND THEN THE STAFF'S RECOMMENDATION IS FOR APPROVAL OF THE WAIVER SINCE IS GOING TO BE CONSTRUCTED AT A HIGHER STANDARD THAN WHAT WE WOULD OTHERWISE ALLOW WITH A TYPICAL ACCESS EASEMENT.

THAT CONCLUDES THE PRESENTATION, AND EITHER MYSELF OR MS. MCCULLOUGH CAN ANSWER ANY QUESTIONS THAT YOU HAVE.

IF AT THIS TIME, MAYOR, IF YOU COULD OPEN THE PUBLIC HEARING, PLEASE AND STATE THE TIME? I OPEN THE PUBLIC HEARING AT FIVE FIFTY SIX.

AND I DO HAVE SOME SPEAKER CARDS.

OK. ALL RIGHT, THE FIRST SPEAKER IS SHEILA CUNNINGHAM.

[00:20:03]

WE ASK YOU TO RECONSIDER APPROVING THE DEVELOPMENT OF THE EAST PARK PROPERTIES UNTIL THEY HAD ADDRESSED ISSUES RELATING TO POTENTIAL FLOODING AND DAMAGE TO THE HOMES IN OUR NEIGHBORHOOD AND THE NEIGHBORHOOD TO THE SOUTH OF US, LESS THAN TWO WEEKS AFTER I WAS HERE THAT FLOOD HAPPENED.

WE HAD A RAIN EVENT WITH JUST A LITTLE OVER FIVE INCHES OF RAIN.

WE'VE TAKEN 15 INCHES OF RAIN IN THE PAST AND NOT HAD ANY ISSUES AT ALL WITH THE RAINFALL COMING THROUGH THE SUBDIVISION.

THIS TIME WE HAD BECAUSE THEY HAD REMOVED A MAJORITY OF THE VEGETATION.

THEY HAD ALREADY STARTED CUTTING ROADS AND THEY HAD NOT DEVELOPED THE DETENTION POND AND TAKING CARE OF THE DRAINAGE ISSUE.

WE HAD HOMES THAT HAD MUD AND SILT AND WATER INSIDE THE HOMES, ON THE PATIOS, ON THE BACKYARD KITCHENS THROUGH THE NEIGHBORHOOD, BOULDERS COMING THROUGH.

WE HAD FENCES KNOCKED DOWN AND THESE ARE WROUGHT IRON FENCES THAT ARE OPEN, SO THEY WERE KNOCKED DOWN. I STOOD OUT THERE AND WATCHED IT.

I PROMISE YOU, IF SOMEBODY HAD FALLEN IN THAT DITCH AT THAT TIME, THERE WOULD HAVE BEEN A DEATH. IT WOULD HAVE BEEN FAR WORSE BECAUSE THE WATER WAS FAR TOO RAMPANT.

THERE WAS NOTHING TO SLOW IT DOWN COMING THROUGH.

AS A RESULT, OUR COMMUNITY BANDED TOGETHER AND WE SOUGHT LEGAL ACTION, AND WE OBTAINED AN INJUNCTION FOR THEM TO CEASE AND DESIST THEIR DEVELOPMENT UNTIL THEY ADDRESS THE DRAINAGE ISSUES. THEY HAVE BEEN CITED WITH AN EXCESS OF FIVE CITATIONS FROM TCEQ, ACCORDING TO THE GENTLEMAN FROM TCEQ, THEY ARE TOTALLY RESPONSIBLE FOR CLEANING OUT THE SILT AND THE RUNOFF THAT CAME THROUGH OUR NEIGHBORHOOD.

OUR CONCRETE DETENTION, OUR DRAINAGE DITCH OUT OF OUR NEIGHBORHOOD GOING INTO THE NEXT NEIGHBORHOOD NOW HAS WEEDS AND GRASS DOWN INTO IT.

IT'S NOT SAFE. I'M TOO OLD TO CLIMB DOWN THAT DITCH AND CLEAN IT OUT.

THAT COMPANY NEEDS TO GET OVER THERE AND CLEAN IT OUT.

WE'VE ASKED THAT THAT BE DONE.

IT'S NOT BEEN DONE.

SO WE'RE HERE TO ASK YOU TODAY TO STAND WITH US.

WE REALIZE THAT WE'RE OUTSIDE THE CITY LIMITS, BUT WE REALIZE THAT WE'RE IN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF BURLESON AND WE'RE ASKING YOU TO STAND WITH US AND HOLD THEIR FEET TO THE FIRE.

WE'RE NOT OPPOSED TO THE DEVELOPMENT.

WE'RE NOT OPPOSED TO PROGRESS, BUT WE ARE OPPOSED TO THEM MOVING FORWARD UNTIL THEY HAVE CORRECTED THE DAMAGE THAT THEY HAVE INCURRED UPON OUR SUBDIVISION AND ITS NORTH TIMBER CREEK ESTATES AND OUR ADJOINING SUBDIVISION, NORTH TIMBER CREEK.

I WALK THAT NEIGHBORHOOD TWO WEEKS AFTER THE FLOOD EVENT AND THERE'S A YOUNG MAN AT THE VERY BACK OF THAT SUBDIVISION THAT BOUGHT A HOME THAT WASN'T TOLD THAT THERE WAS FLOOD ISSUES. AND AT THAT TIME, TWO WEEKS LATER, HIS BACKYARD AND DECK WERE STILL UNDERWATER BECAUSE OF ALL OF THIS.

SO UNTIL THAT DRAINAGE IS FIXED, WE CAN'T.

WE'RE ALMOST IN RAINY SEASON AGAIN.

WE'RE GOING TO FACE THIS AGAIN BECAUSE WE HAVE THOSE SAME ISSUES THAT HASN'T BEEN REPAIRED. SO WE'RE ASKING YOUR HELP TO FORCE THEM TO REPAIR IT.

WE KNOW THAT THE ATTORNEYS AND THE ENGINEERS ARE TRYING TO COME TO AGREEMENT ON FIXING THAT DETENTION POND SO THAT THE DRAINAGE WILL BE APPROPRIATE, BUT THAT NEEDS TO BE DONE BEFORE ANY ROADS ARE PUT IN.

ALL OF THAT NEEDS TO BE FIXED BEFORE THEY MOVE ONE MORE PIECE OF DIRT.

THANK YOU FOR YOUR TIME.

THE NEXT SPEAKER I HAVE IS JASON STOW.

GOOD EVENING. THIS IS MY FIRST TIME TO COME TO THE CITY COUNCIL MEETING, SO A LITTLE NERVOUS, BUT I'M EXCITED TO SPEAK TO YOU GUYS.

I'M NOT FOR SURE I CAN REALLY GIVE YOU A LOT OF GOOD DETAILS THAT SHEILA JUST PRESENTED TO YOU BECAUSE THEY'RE PRETTY MUCH STRAIGHT ON.

BUT WHAT I CAN TELL YOU IS I AM ONE OF THE HOMEOWNERS THAT WAS AFFECTED BY THE FLOODING PROBABLY RECEIVED ONE OF THE TWO WORST DAMAGES.

WE HAD PROBABLY ABOUT THREE FEET OF MUD ON TOP OF MUD STASHED EVERYWHERE ACROSS THE DRIVEWAY THROUGH THE BACKYARD.

WE HAD TO HAVE TWO SEPARATE OCCASIONS OF SOMEBODY COMING IN WITH AN EXCAVATING SERVICE JUST TO REMOVE THE MUD OUT OF THE DRIVEWAY, SO WE COULD FINALLY USE OUR GARAGE AFTER ABOUT A MONTH AND A HALF.

ONE OF THE INTERESTING THINGS THAT SHE MENTIONED IS THAT WE ARE NOT A CITY OF BURLESON CITY RESIDENTS, BUT AS YOU CAN SEE RIGHT NOW, I HAVE A CENTENNIAL HIGH SCHOOL, CHARLOTTE, BECAUSE AS SOON AS I'M DONE WITH THIS, I'M GOING TO GO TO THE BATTLE OF THE BOOT SOCCER VERSION STYLE THAT IS FOR THE GIRLS VHS VERSUS CENTENNIAL.

I'VE LIVED HERE SINCE TWO THOUSAND THREE.

[00:25:02]

IT'S DEVASTATED.

I CAN'T EVEN LET OUR DOGS OUT BECAUSE WE'RE MISSING FENCES.

I MEAN, IT'S BAD. NOTHING WAS DONE WITH THE DRAINAGE SYSTEM, AND MY FEAR RIGHT NOW IS, IF WE DON'T SAY ANYTHING RIGHT NOW, THEN YOU GUYS MIGHT HAVE A LITTLE BIT OF A BLIND EYE BECAUSE YOU DON'T EXACTLY FORESEE EVERYTHING THAT'S HAPPENING, ESPECIALLY WITH THE UPCOMING MONTHS.

AND I'M HERE TO TELL YOU THAT I WAS ONE OF THE CASUALTIES OF THIS.

I HAVE VIDEO WOULD LOVE TO SHOW YOU GUYS AT SOME POINT IF YOU WANT IT OF MY WIFE FILMING ME WALKING OUT IN TWO FEET OF WATER ACROSS OUR BACKYARD, A FLOWING RIVER TO TRY TO REMOVE DEBRIS AND SUCH LIKE THAT BECAUSE THE QUOTE UNQUOTE DAM RETENTION POND BROKE.

I CAN'T DO ANYTHING ABOUT IT RIGHT NOW, BUT ALL I CAN SAY IS THAT I HOPE YOU GUYS UNDERSTAND THE SITUATION THAT THIS DEVELOPMENT HAS PUT US IN.

AND BY GOING FORWARD WITH APPROVING ANY KIND OF ADDITIONAL WORK ALLOWING THEM TO CONTINUE DOWN THE ROAD AFTER A MY UNDERSTANDING AS A JUDGE HAS PUT SOME KIND OF AN INJUNCTION ON IT, IT WOULD BE A TRAVESTY TO ALLOW THIS TO CONTINUE TO HAPPEN.

THANK YOU. I GOT ONE QUICK, IF YOU DON'T MIND.

COME BACK UP, I'M JUST GOING TO ASK YOU SOME STUFF QUICK.

YOU GUYS ARE NOT IN A FLOODPLAIN AT ALL OUT THERE ARE, YOU KNOW, NO FLOOD PLAIN.

AND THAT'S IMPORTANT BECAUSE THAT MEANS YOU CANNOT GET FLOOD INSURANCE CORRECT, WHICH MEANS THAT IF AND I'M A LICENSED INSURANCE ADJUSTER, SO FOR THE STATE OF TEXAS, SO I'M GOING TO I'M GOING TO USE YOU FOR JUST A MINUTE, IF YOU DON'T MIND.

BUT THAT MEANS TENS OF THOUSANDS OF DOLLARS OUT OF POCKET BECAUSE INSURANCE WILL NOT COVER ANY FLOOD DAMAGE IN YOUR HEART.

I WANT TO THANK YOU ALL FOR COMING UP AND SHARING THIS.

I'VE SEEN SOME PICTURES.

I REALLY APPRECIATE THAT.

AND AND I WANT YOU TO KNOW THE ETJ DOES MATTER.

OK, THANK YOU VERY MUCH.

THE NEXT SPEAKER I HAVE IS JEFF MCGEE.

GOOD EVENING, MY NAME IS GEOFF MCGEE.

I AM THE CURRENT HOA PRESIDENT OF NORTH TIMBER CREEK ESTATES.

WE'RE A SUBDIVISION OF A 30 HOMES ON 35 ACRES.

I THINK IT WAS A SIMILAR PLOT TO WHAT THIS IS BEING DEVELOPED.

I BELIEVE THEY WERE SIBLINGS AT ONE TIME AND THE PROPERTY WAS SPLIT.

SO SIMILAR PROPERTY IT WAS DEVELOPED WITH ONE ACRE HOME SITES.

THE FLOOD EVENT I SPOKE OF ON SINCE MAY 20 OF LAST YEAR, WE'VE BEEN DEALING WITH OUR HOWA, ALONG WITH CERTAIN RESIDENTS OF THE COMMUNITY, HAVE HAVE HAD TO COME OUT OF POCKET FOR TENS OF THOUSANDS OF DOLLARS IN A LAWSUIT THAT WE DID GET AN INJUNCTION.

IT'S BEEN AN INACTIVE JOB SITE SINCE MID-SUMMER, I BELIEVE WHEN THEY HAULED ALL THE EQUIPMENT OFF AND CEASED BASED ON THE INJUNCTION.

AND MY UNDERSTANDING IS OF TODAY WE'RE GETTING CLOSE TO A RESOLUTION AND THAT WE HIRED A CIVIL ENGINEER AS PART OF AN ENGINEER AS PART OF THIS TO GET A RESOLUTION THAT WILL KEEP THIS FROM HAPPENING IN THE FUTURE.

BASED ON WHAT WE HAVE TODAY IN OUR NEIGHBORHOOD AND WHAT THEY'RE BUILDING NEXT TO US.

AND SO I JUST DON'T SEE HOW THE THING THAT WORRIES ME IS A SAID FINAL PLAT TODAY, AND I DON'T UNDERSTAND WHY WE CAN DO A FINAL PLAT APPROVAL WITHOUT OUR LAWSUIT BEING RESOLVED.

THAT COULD POSSIBLY CHANGE THE DESIGN.

AND I JUST DIDN'T WANT THAT INTERFERE WITH OUR LAWSUIT THAT THE WORD FINAL PLAT APPROVAL BOTHERED ME. AND SO I JUST WANTED YOU GUYS TO BE AWARE OF THE FACTS OF THE SITUATION OF WHAT'S GOING ON WITH WITH THE LAWSUIT.

THANK YOU. OUR NEXT SPEAKER IS HUNTER MCCLAIN.

I'M GOING TO INTERRUPT HERE JUST FOR A SECOND ON THE LAST SPEAKER, I'VE ASKED THE ATTORNEY HERE TO SPEAK ON THAT ISSUE, IS THAT OK? THE THE MAYOR HAS ASKED THAT I EXPLAINED THE SITUATION THE CITY FACES WHEN IT ENCOUNTERS A SITUATION LIKE THIS, AND THIS WILL NOT MAKE SOME OF THE AUDIENCE HAPPY.

BUT UNFORTUNATELY, I HOPE IT'S NOT THAT YOU'RE UNHAPPY WITH THE CITY.

YOU NEED TO BE UNHAPPY WITH THE TEXAS LEGISLATURE.

CITIES ARE CREATURES OF AUTHORITY ONLY WHERE GRANTED BY THE LEGISLATURE THROUGH STATUTE OR THROUGH THE TEXAS CONSTITUTION IN LAND USE DECISIONS LIKE ZONING CITIES HAVE ENORMOUS LEGISLATIVE DISCRETION AND CAN CONSIDER A MYRIAD OF ISSUES IN MAKING A DECISION.

ONCE WE PASS THE LAND USE ISSUE AND WE DEAL WITH LAND DESIGN ISSUES, WHICH IS WHAT SUBDIVISION PLANNING INVOLVES, THEN WE FALL UNDER THE SPECIFIC LIMITATIONS OF A

[00:30:02]

IT'S CHAPTER 212, AND IT OUTLINES IN A WORKBOOK FASHION WHAT KIDS CAN OR CANNOT DO.

BUT ONCE CITIES HAVE ADOPTED A SET OF SUBDIVISION REGULATIONS WHICH EXPLAIN HOW YOU LAY OUT LOTS BLOCKS, STREET RIGHTS OF WAY, WATER AND SEWER EASEMENTS, STORM DRAINAGE SYSTEMS AND MINIMUM REQUIREMENTS, HOW STREETLIGHTS ARE IN PLACE OR TRAFFIC SIGNALS ARE IN PLACE.

IF A DEVELOPER OR PROPERTY OWNER SUBMITS A PLAT THAT IS FACIALLY COMPLIANT WITH THE PROVISIONS OF THE ORDINANCE UNDER TEXAS LAW, IT SPECIFICALLY STATES THE REVIEW BODY RESPONSIBLE FOR PLAT APPROVAL SHALL APPROVE THE PLAT.

THERE IS NO SUBJECTIVE DISCRETION.

WE IF THE LAYOUT OF THE LOTS, THE BLOCKS, THE RIGHT OF WAYS AND THE EASEMENTS IS COMPLIANT WITH THE REGULATION, THE CITY DOES NOT HAVE THE DISCRETION TO SAY NO.

THIS CITY DOES HAVE DISCRETION TO SAY NO TO VARIANCES OR WAIVERS.

THE ISSUES THAT YOU HAVE SET FORTH ABOUT STORM WATER DAMAGE ARE VERY REAL AND THEY'RE VERY SERIOUS IN THE CITY WILL ADDRESS THEM.

BUT PLAT APPROVAL INVOLVES APPROVING THE PLAT DESIGN AND LAYOUT, AND ONCE THAT IS DONE, THEN THE DEVELOPER WOULD HAVE THE RIGHT TO INSTALL THE PUBLIC WORKS INFRASTRUCTURE, THE ROADS, THE ACCESS EASEMENTS, THE WATER LINES, THE SEWER LINES AND THE STORM DRAINAGE SYSTEM TO INCLUDE DETENTION AND RETENTION BASINS AND DRAINAGE WAYS IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION ORDINANCE.

AND THE CITY WILL NOT ALLOW THE DEVELOPER TO SECURE BUILDING PERMITS TO BUILD HOMES OR OTHER STRUCTURES ON THE PROPERTY UNTIL FULL COMPLIANCE WITH THE REQUIREMENTS OF THE SUBDIVISION REGULATION ORDINANCE IS ACHIEVED.

THEY'LL HAVE TO GO IN AND LAY OUT THE STREETS AND INSTALL THE UTILITIES AND THE STORM DRAINAGE SYSTEMS, AND THEY WILL HAVE TO DO IT IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION REGULATIONS.

THERE ARE CAUSES OF ACTION FOR IMPROPER DIVERSION OF STORM WATER FROM ONE PROPERTY TO ANOTHER. THOSE ARE ARTICULATED IN THE TEXAS WATER CODE IN SECTION ELEVEN POINT ZERO EIGHT SIX, AND THAT'S PROBABLY WHAT THIS UNDERLYING LAWSUIT INVOLVES.

ANYONE WHO ALTERS A DRAINAGE BASIN OR ARTIFICIALLY DIVERTS THE DIRECTION OR INTENSITY OF FLOW OF STORM WATER FROM ONE PROPERTY TO ANOTHER IS RESPONSIBLE AND MONETARY DAMAGES FOR ANY DAMAGE THAT OCCURS.

THE COURT IN THIS INSTANCE, WHICHEVER COURT IS HEARING THIS MAY BE ISSUING INJUNCTIONS AND MAY ULTIMATELY AWARD DAMAGE FOR PROPERTY THAT HAS THAT HAS BEEN INUNDATED BASED UPON AN IMPROPER STORM WATER INCURSION.

THE DIFFICULTY HERE IS THE COURT HAS NOT BROUGHT THE CITY INTO IT.

THERE IS NO VALID COURT ORDER AFFECTING THE CITY.

IF THE COURT HAS ISSUED AN ORDER TO THE PROPERTY OWNER OR THE DEVELOPER, AN INJUNCTION TO STOP WORK THAT'S APPLICABLE TO THE DEVELOPER AND THEIR PROJECT, IT DOES NOT IN ANY MANNER ALTER THE CITY'S LEGAL RESPONSIBILITY TO CONSIDER ANY PLAT SUBMITTED TO US AND TO APPROVE IT IN CONFORMANCE WITH THE LAW.

IF IT IS COMPLIANT ON ITS FACE WITH THE REGULATIONS AND EVERYBODY WILL THEN THINK, WELL, MAYBE THE CITY SHOULD DO IT ANYWAY JUST TO PROVE A POINT.

THE DIFFICULTY IS IF WE EXERCISE OUR GOVERNMENTAL AUTHORITY OUTSIDE THE BOUNDARIES OF WHAT THE LAW ALLOWS, THEN THE CITY HAS ENGAGED IN A REGULATORY TAKING AND WE ARE RESPONSIBLE TO THE PROPERTY OWNER IN SERIOUS MONETARY DAMAGES BECAUSE WE DIRECTLY VIOLATED A LAW PROVIDING A LIMITATION ON OUR AUTHORITY.

I AM CERTAIN THE PROPERTY OWNERS ARE ADEQUATELY REPRESENTED BY LEGAL COUNSEL, AND THEY WILL PRESS THEIR CASE IN THE APPROPRIATE COURT OVER IMPROPER STORMWATER DIVERSION OR STORMWATER DAMAGE.

BUT UNFORTUNATELY, THE CITY DOES NOT HAVE THE ABILITY TO SAY WE WILL NOT APPROVE A FACIALLY COMPLIANT PLAT BECAUSE THE POINT WHERE WE REGULATE STORMWATER.

SYSTEMS IS AFTER THE PILOT IS APPROVED AND THE DEVELOPER COMES IN TO INSTALL THE INFRASTRUCTURE THAN OUR PERSONNEL, CAREFULLY REVIEW AND MANAGE THAT CONSTRUCTION TO

[00:35:01]

WE SIMPLY DON'T HAVE THE AUTHORITY TO DENY A PLAT IN A CIRCUMSTANCE LIKE THIS UNLESS THERE IS A VIOLATION OF OUR REGULATIONS AND THAT YOU DON'T WANT TO HEAR THAT, BUT THAT'S A LIMITATION. THE STATE LEGISLATURE HAS IMPOSED UPON US AND WE HAVE TO FOLLOW IT BECAUSE TRUST ME, NO ONE WANTS THE CITY GOVERNMENT UNDERTAKING ACTIONS ON ITS OWN THAT ARE NOT AUTHORIZED BY LAW.

IF WE START DOWN THAT ROAD, IT HAS VERY UNFORTUNATE LONG TERM CONSEQUENCES.

I COULD HAVE SAID ALL OF THAT, BUT I THOUGHT HE HAD A LITTLE BIT BETTER OFF.

OK, GO AHEAD. THANK YOU, SIR.

THANK YOU. MY NAME IS HUNTER MCLEAN.

I AM AN ATTORNEY AND I DO REPRESENT MR. MORGAN AND THE DEVELOPER OF THE TRACK AT ISSUE.

I DON'T KNOW IF THERE'S A WAY TO SHARE THIS DOCUMENT ON A SCREEN.

I'D BE HAPPY TO DO IT.

THIS IS A RULE 11 AGREEMENT IN THE LAWSUIT THAT'S BEEN REFERENCED BY SOME OF THE HOMEOWNERS. SCOTT KANE, THE MAYOR OF CLEVELAND, REPRESENTS THE HOA, AND WE ENTERED INTO AN AGREEMENT QUICKLY AFTER THE SUIT WAS FILED.

MR. MORGAN, THE PRINCIPAL OF THE DEVELOPER WE ALL MET ON SITE.

WE LOOKED AT THE ISSUES AND WE DEVISED A PLAN OF ATTACK TO DEAL WITH IT.

THANK YOU VERY MUCH. YEAH, WE HAVE AN OVERHEAD PROJECTOR.

THANK YOU. I'M HAPPY TO USE IT OR THANK YOU VERY MUCH.

AND BY THE WAY, THIS IS A RULE OF AN AGREEMENT FILED IN THE 240 NINTH DISTRICT COURT IN THE CASE, SO IN ANY EVENT.

SCOTT AND I BOTH AGREED WE NEEDED TO GET THE ENGINEERS TOGETHER TO FIND A SOLUTION.

WE GOT THE ENGINEERS TOGETHER.

THEY'VE BEEN WORKING OUT THINGS WE THINK WE WE HAVE A SOLUTION.

THERE'S SOME WORK THAT'S GOING TO HAVE TO HAPPEN ON THE PROPERTY.

THAT IS THE HOA THAT THE HOMEOWNERS OWNED.

BUT WHAT'S BEFORE THE COUNCIL TODAY IS WHAT DO YOU DO WITH A PLAT ON THE PROPERTY TO BE DEVELOPED AND AT THE PNZ MEETING WHERE THE WAIVER WAS PUT UP? QUITE FRANKLY, WE WERE CAUGHT OFF GUARD AND EVEN SCOTT WAS CAUGHT OFF GUARD.

I CALLED HIM AFTER HIM AND SAID, WHAT'S GOING ON? THERE SEEMS TO BE SOME CONFUSION, BUT WE NEED TO GET THE PLANT DEVELOPED SO THAT MR MORGAN CAN GO DO THE WORK HE NEEDS TO DO ON HIS PROPERTY, WHICH BENEFITS THE DOWNSTREAM HOMEOWNERS. AND AS WAS POINTED OUT BY STAFF, THIS PLANT WAS ALREADY APPROVED IN SEPTEMBER AND THIS IS A REVISION TO COMPLY WITH THE CHANGE IN THE REGULATIONS THAT MAKE LOTS BIGGER, WHICH IS EVEN BETTER FOR THE DOWNSTREAM HOMEOWNERS AND WILL ALLOW MR. MORGAN TO GO FINISH HIS WORK.

SO I UNDERSTAND AND I HEAR THEIR FRUSTRATION.

I WATCHED THE VIDEO OF THE PRIOR HEARING AT THE P AND Z, BUT I THINK THERE'S SOME MISUNDERSTANDING OF WHAT COMES FIRST.

THIS RULE 11 AGREEMENT, I'LL POINT OUT TO YOU IN ITEM SIX SAYS THE PARTIES HAVE AGREED THAT THEY WILL ENDEAVOR TO SEEK THE FINAL PLANS AND APPROVALS HAS NEEDED TO GO FORWARD AND ON THE NEXT PAGE, ON EIGHT, IT SAYS THE PARTIES AGREE TO ATTEMPT TO OBTAIN FINAL PLANS THAT WOULD BE APPROVED BY THE COUNTY SO THAT THEY CAN PROCEED WITH WORK ON OR BEFORE AUGUST 17TH.

THE ENGINEERS TOOK LONGER THAN WE LIKED IN ORDER TO WORK THROUGH SOME ISSUES, AND THERE STILL REMAIN A FEW.

BUT THE APPROVAL OF THIS PLANT AND THESE PLANS IS THE FIRST STEP TO PROGRESS.

AND IN FACT, IT'S IN KEEPING WITH THE AGREEMENT THAT THE HOWA THE PLAINTIFF ENTERED INTO WITH MY CLIENT.

AND SO I WANTED TO I WANTED TO TRY TO CLEAR THAT RECORD.

AND PERHAPS THERE'S SOME CONFUSION WITH A FEW OF THE HOMEOWNERS.

I'LL LEAVE MR. CAIN TO TALK WITH THEM ABOUT WHAT COMES NEXT AFTER THIS IS APPROVED, BUT I'M GOING TO REQUEST THAT THE COUNCIL APPROVE THE PLAT AND THE WAIVER.

THE WAIVER DOESN'T HAVE ANYTHING TO DO WITH WATER.

IT HAS TO DO WITH THE STREET AND HOW YOU CONSTRUCT IT.

AND THAT'S ALL THAT I HAVE.

AND YOU HAVEN'T CALLED MR. MORGAN'S CARD YET, BUT HE'S STANDING NEXT TO ME.

DO YOU GUYS MIND IF I SPEAK AS WELL? DID YOU FILL OUT A CARD? I DIDN'T.

OH YEAH. NO, THAT'S OK.

YOU CAN SPEAK AS LONG AS YOU'LL FILL ONE OUT AT THE END, PLEASE AND TURN THAT INTO ME.

THANK YOU. STATE YOUR NAME AND ADDRESS.

THANK YOU. I'LL YIELD THE BALANCE OF MY TIME WITH MR. MORGAN. MR. ATTORNEY, I NOTICED THE DATE ON HERE WAS AUGUST 27TH.

AS FAR AS THE AGREEMENT, YOU ALL WEREN'T ABLE TO EXECUTE THAT, I GUESS.

I'M SORRY, I DIDN'T HEAR. ITEM NUMBER 10 SAYS THAT IF YOU CAN'T AGREE BEFORE AUGUST 27TH OF THIS PREVIOUS YEAR, IS THIS AGREEMENT STILL IN EFFECT?

[00:40:01]

SO YEAH, THANK YOU.

LET ME LET ME CLARIFY.

THIS AGREEMENT ACTUALLY TERMINATED ON ITS OWN TERMS BECAUSE IT ADDRESSED THE PLAINTIFFS GOT A TEMPORARY RESTRAINING ORDER, NOT NOT AN INJUNCTION THAT LASTS DURING THE PENDENCY OF THE LAWSUIT. SO THERE'S NO INJUNCTION PENDING RIGHT NOW.

AND SO THIS WAS KIND OF A LET'S STOP.

LET'S GET THE FINAL PLANS APPROVED AND WORKED OUT SO THAT WE CAN PROCEED WITH CONSTRUCTION AND NOT NOT SPEND A BUNCH OF MONEY IN A LAWSUIT.

AND THE THE ENGINEERS HAVE JUST TAKEN LONG AND THEN THE PLANT HAD TO BE REDESIGNED FOR THE BIGGER LOTS. AND HERE WE ARE.

BUT SO TECHNICALLY, THIS IS NOT ENFORCE ANYMORE.

BUT THE SPIRIT OF IT IS, IF THAT'S AN ANSWER.

OK. MY NAME IS DANIEL MORGAN, I'M THE DEVELOPER OF THIS PROPERTY. THIS HAS BEEN A CHALLENGING PROPERTY THAT HAS TAKEN A LOT LONGER THAN I WOULD LIKE IT TO HAVE.

AND OF COURSE, THE WATER ISSUES ON HERE ARE DEFINITELY APPARENT THAT WEREN'T APPARENT WHENEVER WE WERE DOING OUR DUE DILIGENCE ON IT.

WE ACTUALLY HAD THIS PROPERTY DESIGNED A COUPLE OF DIFFERENT WAYS THAT THE RETENTION POND WAS LIKE A TWO ACRE RETENTION POND.

NOW IT'S THE SEVEN ACRE RETENTION POND.

AND THAT HAPPENED BECAUSE THE CITY WAS REQUESTING THAT I COME IN AND DO OFFSITE IMPROVEMENTS DUE TO THE CONSTRUCTION OF THE DOWNSTREAM FLOW OF THE SUBDIVISION TO THE SOUTH OF US. I DID NOT WANT TO DO DOWNSTREAM IMPROVEMENTS, SO I CHOSE TO MAKE THE DETENTION POND ABOUT FIVE ACRES BIGGER, WHICH ADDED ABOUT $400000 TO MY COST ON THE SUBDIVISION. AND THEN, YOU KNOW, IT HAPPENED THAT THIS BIG RAIN CAME IN, WHICH WAS UNFORTUNATE. AND YES, IT WAS A BIG RAIN FLOW AND IT DID DAMAGE PEOPLE'S PROPERTY.

AND I IMMEDIATELY WENT AND MET THEM, HIRED COUNSEL.

THEY HIRED COUNSEL.

WE CAME TO AN ALMOST IMMEDIATE AGREEMENT.

YOU KNOW THAT THIS WOULD BE THE PROCESS THAT WE GO THROUGH TO MITIGATE AND FIX THIS.

I JUST WANT TO STAND HERE AND SAY THAT I'M NOT A FLY BY NIGHT DEVELOPER.

I MEAN, WE HAVE 14 DEVELOPER DEVELOPMENTS GOING ON RIGHT NOW.

WE HAVE A HOMEBUILDING COMPANY THAT BUILDS TWO HUNDRED AND FIFTY HOMES A YEAR.

WE OWN MULTIFAMILY ACROSS THE STATE OF TEXAS, SO WE'RE USED TO DEVELOPING.

I HATE IT WHEN ANYTHING LIKE THIS HAPPENS, BUT YOU KNOW, MY NAME WILL STAND BEHIND THIS DEVELOPMENT AND IT WILL BE DONE CORRECTLY AND THESE PEOPLE WILL BE TAKEN CARE OF AND WE HAVE BEEN DEALING WITH THEM TO DO SO.

SO WE'RE GOING IN NOW AND WE'RE DOING OFFSITE IMPROVEMENTS, WHICH ACTUALLY BROUGHT THE FILE PLANT FROM THEIR SUBDIVISION, WHERE IT'S REQUIRING A 30 FOOT WIDE, FIVE FOOT DEEP DRAINAGE EASEMENT THAT GOES AT AN ANGLE ACROSS THEIR PROPERTY, WHICH IS TRULY NONEXISTENT. YOU KNOW, SO IT'S.

AND THAT'S WHERE THE FLOW FROM MY PROPERTY GOES TO THEIR PROPERTY.

SO IT'S REALLY JUST AS MUCH AN ERROR IN THEIR DESIGN AS IT WAS AN ACT OF NATURE AS IT WAS, YOU KNOW, AS NOT BEING 100 PERCENT COMPLETE WITH THE RETAINING RETENTION POND WHENEVER IT CAME IN.

SO HAPPY TO ANSWER ANY QUESTIONS.

HAS YOUR RELATIONSHIP WITH THE TCEQ? I MEAN, I HEAR YOU GOT FINED FOR NOT MEETING SOME REQUIREMENTS OR SOMETHING, AND WE DID GET FINED. AND SINCE THEN WE HAVE ACTUALLY HIRED A COMPANY.

WE WERE DOING THAT WITH OUR OWN ONSITE SUPERINTENDENTS MAINTAINING THAT.

AND NOW WE HAVE ACTUALLY HIRED A THIRD PARTY COMPANY THAT IS HANDLING OUR TCEQ EACH YEAR.

DID THEY HAVE ANY INPUT ON ON LONG TERM OR IS THIS JUST A TCEQ? IS ONLY GOING TO TAKE CARE OF THE SHORT TERM, JUST KEEPING THE SILT FROM FLOWING FROM MY PROPERTY TO THEIR PROPERTY? THE LONG TERM IS FIXING THE RETENTION POND AND GET IT ADEQUATE.

SO AND REALLY, WITH THE DESIGN OF MY RETENTION POND IS REDUCING THE AMOUNT OF WATER THAT'S FLOWING AND HAS FLOWED ON THEIR PROPERTY.

SO WE HAVE GONE UP, UP AND BEYOND TO OVERDESIGNED THIS BECAUSE OF THE CATASTROPHE THAT HAPPENED TO THEM LAST MAY.

OK. SO IS THERE ANY OTHER QUESTION? I JUST HAD ONE REAL QUICK NOW YOU SAY YOU MET WITH THE OWNERS AND I KNOW I'VE HEARD ABOUT THE RETENTION POND. WHAT HAVE YOU DONE ON A PERSONAL LEVEL FOR THESE PEOPLE THAT HAVE HAD THEIR HOMES DAMAGED? I HAVEN'T DONE ANYTHING.

I WENT OUT AND TRIED TO COME TO AN AGREEMENT ON WHERE AND HOW THEIR IMPROVEMENTS WOULD HAPPEN TO WHERE I WOULD COME.

AND THAT WAS EVEN BEFORE THE FLOOD.

I MET THEM OVER THERE AND TALKED ABOUT THE ISSUES THAT WERE IN FRONT OF US, AND I MET HIM AND TALKED ABOUT MOVING WHERE THEIR DRAINAGE COMES IN TO MAKE IT A STRAIGHT LINE CHANNEL OUT WHERE IT WOULD FLOW QUICKER AND GET OUT OF THERE QUICKER.

I TOLD THEM I WOULD COME AND DO ALL THE DOZER WORK.

I WOULD CREATE ALL THE SWELLS AND ALL THEY HAD TO DO IS GO IN AND SAW IT AND SPRINKLER

[00:45:04]

I NEEDED TO SAW IT AND SPRINKLE IT AS WELL.

SO I GAVE THEM THE OPPORTUNITY TO DO IMPROVEMENTS TO THEIR PROPERTY RIGHT UP FRONT.

AND AS SOON AS THE RAIN CAME, ATTORNEYS CAME.

SO THAT'S THE DIRECTION THIS WENT.

SO MAYOR AND COUNCIL, I DO HAVE ANOTHER SPEAKER CARD WHENEVER THIS IS DONE.

MAY I ADD SOMETHING TO YOUR QUESTION AS I ANSWER TO YOUR QUESTION? THAT YES. MAY I ADD SOMETHING TO ANSWER YOU FULLY ANSWER YOUR QUESTION THAT YOU ASKED? THANK YOU. SO MR. MORGAN WAS TALKING ABOUT WHEN HE WAS DEALING WITH THE HOMEOWNERS BEFORE THE LAWYERS GOT INVOLVED. PART OF THE SOLUTION THAT WE CAME TO IS THE OUTLET FOR THE DETENTION.

POND NEEDS TO BE MOVED A LITTLE TO THE SOUTH AND AND CREATE A NEW CHANNEL ALONG AT LEAST TWO LOTS, IF NOT THREE LOTS, WHICH WHICH RULES THE THE DRAINAGE DITCH ON THEIR PROPERTY, AND THAT REQUIRES AN EASEMENT AND SOME AND SOME ADJUSTMENTS TO THEIR PROPERTY.

AND SO ALL THAT IS GOING TO HAPPEN, IT'S ALL PART OF THE RESOLUTION OF IT.

IT'S WHY I SAID IT'S IT'S ABOUT PROCESS.

AND I THINK SOME OF THESE FOLKS, WHILE THEY'RE FRUSTRATED, MAYBE THEY DON'T UNDERSTAND WHAT COMES FIRST. WE HAVE TO GET THIS FLAT APPROVED FIRST SO WE CAN FINISH THIS AND THEN DO THE DOWNSTREAM WORK.

SO MR. CAIN AND I SEE EYE TO EYE ON ALL OF THAT, AND THAT'S WHAT THE ENGINEERS HAVE BEEN WORKING ON. SO I DIDN'T WANT THAT TO BE MISINTERPRETED BY MR. MORGAN THAT HE HASN'T DONE ANYTHING.

WE ACTUALLY HAVE A PLAN, BUT WE HAVE TO GET THIS APPROVED IN ORDER TO TAKE THE NEXT STEP.

THANK YOU. SO MAYOR AND COUNCIL, I DO HAVE AN ONLINE SPEAKER CARD THAT I CAN READ INTO THE RECORD. THIS IS BY WHITNEY CONNOR.

SHE'S THE OWNER OF LOT 15 OF NORTH TIMBER CREEK ESTATES ADJACENT TO THE EAST PARK SUBDIVISION. I REGRET THAT I CANNOT BE THERE IN PERSON, BUT I AM ETERNALLY THANKFUL FOR BEING IN A NEIGHBORHOOD FULL OF AMAZING NEIGHBORS WHO I KNOW ARE THERE WHEN THE WORK ON THE EAST PARK SUBDIVISION BEHIND OUR NEIGHBORHOOD BEGAN BEING THE GOOD NEIGHBOR WE ARE.

WE REACHED OUT TO MR. MORGAN, THE DEVELOPER OF EAST PARK SUBDIVISION, TO VOICE OUR CONCERNS ABOUT DRAINAGE IF THEY CONTINUED THE MASS CLEARING OF TREES AND THE GRADING OF LAND TOWARDS OUR NEIGHBORHOOD.

DESPITE THE MEETING AND SHOWING OUR CONCERN, THE WORK CONTINUED ON HIS PROPERTY.

WITHOUT THIS REGARD, THE TREES WERE GONE.

THE LAND GRADED TOWARDS OUR NEIGHBORHOOD AND WE COULD NOT TELL A RETENTION POND WAS STARTED. AS THE SPRING RAINY SEASON SET IN, I NERVOUSLY WATCHED THE SEMI COMPLETE DETENTION POND FILL UP IN MY OWN BACKYARD ON THE EVENING OF MAY TWENTY FIFTH.

DURING ANOTHER RAINY DAY, THE RETENTION POND IN THE EAST PARK SUBDIVISION BREACHED FLOODING MY BACKYARD PROPERTY POOL AND THE INSIDE OF MY HOME WITH WATER AND SILT TO CATASTROPHIC LEVELS.

THE BREACH ALSO FLOODED MY NEIGHBOR'S PROPERTY, GARAGE POOLS AND ALSO OUR NEIGHBORS LIKE IT'S NEVER BEEN SEEN BEFORE IN MANY, MANY YEARS.

MR. MORGAN AND HIS COMPANY OFFERED NO HELP EXPLANATION OF THE BREACH AND ACCEPTED NO FAULT OF THIS MASSIVE DAMAGE CAUSED, WHICH LED US AS NEIGHBORS TO SEEK LEGAL ACTION IN ORDER TO ENSURE THE SUBDIVISION HAD PROPER DRAINAGE BEFORE ANY ADDITIONAL WORK IS DONE.

AS A NEIGHBORHOOD, WE WANT.

WE ALSO WANT TO ENSURE THE FURTHER SAFETY OF ALL OUR HOMES AND PROPERTIES.

ATTACHED, YOU WILL FIND AND THIS IS THE TCU VIOLATIONS THAT WERE ACTIVE REGARDING THE EAST PARK SUBDIVISION.

YOU WILL ALSO FIND PICTURES OF MY PROPERTY BEFORE, DURING AND AFTER THE RETENTION POND BREACH FROM THE EAST PARK SUBDIVISION, WITH DAMAGE NOT ONLY TO THE PHYSICAL LAND ITSELF, BUT ALSO TO THE POOL AND INSIDE MY HOME.

WITH NO FLOODING REDONE AND WITH NO FLOORING REDONE IN MY HOME AND THE RAINY SEASON APPROACHING APPROACHING, YOU CAN IMAGINE MY CONTINUED NERVOUSNESS BACKING UP TO EAST PARK. WE REALIZE THIS LAND HAS THIS LAND DEVELOPER HAS A RIGHT TO DEVELOP AND WE COMPLETELY UNDERSTAND AND WE HAVE NO PROBLEM WITH THAT.

BUT WHAT WE DO HAVE ISSUE WITH IS A NEGLECT, NEGLECT AND SORRY NEGLECTED AT WHICH THIS PROPERTY HAS BEEN DEVELOPED AS THE CITY COUNCIL LOOKING OUT FOR ITS CITIZENS.

WE DO NOT ALLOW ANY CORNERS TO BE CUT OR WAIVERS TO BE GRANTED TO MR. MORGAN AND HIS TEAM AT EAST PARK SUBDIVISION.

WE REALIZE IF HE MEETS THE MINIMUM STANDARDS, YOU MUST APPROVE HIS PLAT.

BUT HIS FOCUS SHOULD ABSOLUTELY BE ON SPENDING AND RESOLVING THIS LAWSUIT WITH THE NTC, AS WELL AS COMPLETING THE NECESSARY DRAINAGE REPAIRS BEFORE ANY OTHER WORK IS COMPLETED.

WHITNEY CONNER AND SHE'S AT THIRTY SEVEN HUNDRED VISTA AND NORTH DRIVE.

I DO HAVE ANOTHER SPEAKER CARD BILL, JAN.

BILL JANSCH, 117, NORTHEAST CLINTON, I'VE SPOKEN OUT QUITE A FEW TIMES ABOUT FLOODING AND

[00:50:03]

I'VE SEEN IT HAPPENING. I TALKED WITH HER.

WE'VE CHANGED NUMBERS.

A COUPLE OF DAYS LATER, SHE CALLED ME DOING WORK ABOUT A HALF MILE AWAY, DROVE DOWN THERE AND SEEING THE DAMAGE. I DON'T THINK YOU GUYS REALIZE THIS, THAT THESE PEOPLE WENT THROUGH FOREVER.

FROM NOW ON, THEIR HOMES WILL BE DAMAGED.

IT ALWAYS BE HAVING TO BE DISCLOSED.

THE PROPERTY VALUES THAT NEVER BE THE SAME.

THESE PEOPLE ARE OUT. I MEAN, MORE THAN JUST PATIENTS, THEY'RE OUT OF MONEY FRUSTRATION.

I MEAN, THEY DON'T KNOW WHERE ELSE TO TURN.

THIS IS SOMETHING THAT WHEN YOU HEAR PEOPLE SAY PLATING SHOULD BE DONE FIRST, NO PROFESSIONALISM AND GETTING OUT THERE NOT DON'T CLEAR THE LAND AND FUNNEL IT DOWN THESE PEOPLE'S HOUSES. I MEAN, YOU COULD DRIVE AROUND THE NEIGHBORHOOD, LOOK STRAIGHT UP AND TO SEE HIS FUNNEL DOWN HER HOUSE.

I DROVE THROUGH AND I'VE SEEN THE MUD ON THE GUY'S DRIVEWAY.

THIS THICK, FULL LENGTH COULDN'T EVEN GET THE CARS OUT OF GRUDGE.

YOU KNOW, BULLDOZERS AND STUFF HAD TO MOVE THAT DIRT.

I THINK I DIDN'T GO IN HER BACKYARD, LOOK AT WHAT I'VE SEEN THE PICTURES.

SO WHEN I SAY HER POOLS WERE FULL OF MUD, I MEAN, THEY'RE FULL OF MUD, THE SILT THAT THEY TALK ABOUT. THERE'S NOT JUST A LITTLE BIT WHERE IT CHOKES OUT THE GRASS.

I'M TALKING ABOUT A WIDE CEMENT CULVERT WHERE IT'S GOT THE OFFSETS TO SLOW DOWN THE WATER AND REDIRECT IT FULL.

IT'S RIDICULOUS. THIS IS SOME OF THE WORST STUFF I'VE SEEN IN 20 YEARS.

I MEAN, IT'S IT COULD HAVE BEEN AVOIDED FROM THE VERY BEGINNING.

SO WHEN YOU HEAR SOMEBODY COME UP HERE AND TALK ABOUT HOW IT SHOULD HAVE BEEN DONE, THEY KNOW HOW IT SHOULD HAVE BEEN DONE WHEN STUFF LIKE THIS HAPPENS.

I GET CALLED IN FAIRLY OFTEN FOR LAWSUITS TO SPEAK TO THIS EXPERT WITNESS ON THIS STUFF.

I CAN THROW IT DOLLAR AMOUNTS AND STUFF LIKE THAT.

WE TALK ABOUT DETENTION, PONDS AND THINGS.

I CAN POINT OUT DAMAGES TO THE HOUSE.

THAT'S USUALLY WHAT WHAT I FOCUS ON.

BUT WHEN I WHEN I SEE A STUFF DAY IN, DAY OUT, SOMETIMES IN THESE COURT HEARINGS, IT'S RIDICULOUS. I MEAN, IT COULD HAVE BEEN PREVENTED FROM THE VERY BEGINNING IF THEY WOULD HAVE DONE WHAT WAS SUPPOSED TO.

THE PREVIOUS OWNERS, I BELIEVE, WAS A DEVELOPER, LOCAL DEVELOPER.

HE DIDN'T DEVELOP THAT. I MEAN, HE COULD HAVE MADE A TON OF MONEY.

HE KNEW IT WAS GOING TO HAPPEN.

THAT'S WHY IT WASN'T DEVELOPED.

THEY KNEW WHAT WAS GOING TO HAPPEN.

BUT THEY SHOULD HAVE NOT CLEARED THE LAND.

THEY SHOULD HAVE NOT FUNNELED IT DOWN.

THESE PEOPLE'S HOUSE, THE POND WAS NOT COMPLETED.

I MEAN, LIKE WHEN THEY TALK ABOUT A POND, YOU HEAR A MILLION GALLONS, A MILLION GALLONS OF WATER, A LITTLE BIT BIGGER THAN THIS ROOM, TWICE AS TALL.

I DON'T KNOW HOW MANY MILLIONS OF GALLONS THEY'RE SUPPOSED TO BE NOW, BUT WE'RE TALKING ABOUT A PRETTY GOOD SIZE.

THIS IS NOT JUST IT WASN'T JUST A BREACH.

IT JUST IS JUST CRAP.

I DON'T KNOW HOW ELSE TO SAY IT. DO SOMETHING.

HELP THESE PEOPLE. HEY, BILL.

SO THEY'RE INCREASING THE RETENTION POND.

NOT BIG ENOUGH. I HAVEN'T SEEN IT.

I CAN SAY THAT I'VE SEEN IT BEFORE THE RAIN CAME THAT DAY AND I SEEN IT AFTER THIS GUY OWES HIM MORE THAN MONEY.

OK, ONE OF THE UNDERSTANDINGS THAT I HAD IT ON THE RETENTION POND, THEY HAD STARTED IT.

THEY HAD BUILT THE DIRT UP AND IS GOING TO HAUL IT OFF.

BUT THEN THAT'S WHEN THE RAIN STARTED.

IS THAT TRUE? THEY WERE.

THEY WERE NEVER IS NEVER APPROVED TO CLEAR THAT LAND.

THEY LIKE WHEN THEY CUT THE ROADS IN, THEY WERE SLANTED DOWN.

IT WASN'T. TO REDIRECT IT AWAY FROM THE HOMES IS DIRECTED RIGHT TO THESE PEOPLE'S HOUSES.

AND THAT'S NOT A CONCERN OF MINE RIGHT NOW.

I'M WONDERING, WAS THE BUILDER OF THE DIG OUT? WAS THAT PART OF THE FLOODING? I DIDN'T PUT FOOT ON THAT PROPERTY.

I DIDN'T WANT TO WALK IT IN.

BUT YEAH, IT WASN'T COMPLETED.

OK. THAT WAS PART OF IT.

BUT IT SHOULD HAVE BEEN DONE.

IT SHOULD HAVE BEEN ORGANIZED. SHOULD HAVE BEEN APPROVED.

OH, NO, THANK YOU. BUT. HMM.

I HAVE NO MORE SPEAKER CARDS, SO AT THIS TIME, MAYOR, IF YOU'LL CLOSE THE PUBLIC HEARING, I CLOSE A PUBLIC HEARING AT SIX 30.

OK, MAYOR, AT THIS TIME, IF YOU WILL TAKE EACH ITEM UP INDIVIDUALLY, THE FIRST ITEM WILL BE SIX A. THE APPROVAL OF THE FINAL PLAT.

IS THERE A MOTION TO APPROVE? WE'D LIKE TO REMIND THE COUNCIL OF WHAT THE WORDS OF OUR ATTORNEY.

WE CAN'T GET ANYTHING DONE UNTIL WE GO AHEAD AND APPROVE THIS PLAN SO WE CAN SIT HERE AND DO NOTHING AND NOTHING IS GOING TO HAPPEN, BILL.

NOTHING IS GOING TO HAPPEN UNTIL WE APPROVE [INAUDIBLE].

SO I MOVED TO APPROVE.

USE DIGITAL. WHERE YOU NEED A DISCUSSION

[00:55:11]

I GOT A MOTION BY RONNIE AND A SECOND BY RICK.

PLEASE VOTE. MAYOR, YOU CAN ASK FOR A DISCUSSION IF IF A COUNCIL MEMBER IS ASKING FOR DISCUSSION AT THIS TIME BEFORE YOU CAST YOUR VOTE, IT'S OPEN TO DISCUSSION THEN.

WELL, I JUST WOULD LIKE SOME CLARITY ON THE WHY NOTHING CAN BE ACCOMPLISHED UNTIL A PLAT IS DONE. HE OWNS THE LAND EXPLAINED AGAIN IN LAYMAN'S TERMS WHY HE CAN'T DO THE WORK ON THE LAND. I'M CONFUSED.

IT'S HE'S IN THE ETJ.

DOESN'T NEED PERMITS TO MOVE HIS OWN DIRT, DOES HE? YOU HAVE TO HAVE RELEASED CONSTRUCTION PLANS AND WE DO HAVE ACCEPTED CONSTRUCTION PLANS BASED ON THE PLAT THAT IS BEFORE YOU TONIGHT.

AS THEY TALKED ABOUT, THERE IS A DOWNSTREAM EASEMENT THAT IS NEEDED, AND SO WE WILL NOT RELEASE THOSE PLANS UNTIL WE OBTAIN THAT OFF SITE EASEMENT BECAUSE THE PROJECT CANNOT BE CONSTRUCTED AS IT'S DESIGNED TODAY, BUT THEY DO HAVE AN ACCEPTED PLAN OR AN APPROVED PLAT. THEY CAN REDESIGN THEIR SITE BASED ON THAT APPROVED PLAT AND THEN THEY MEET ALL THE REGULATIONS. THE EASEMENTS ARE IN PLACE.

I'M GOING TO HAVE TO RELEASE THE CONSTRUCTION PLANS WITH OR WITHOUT US APPROVING THE PLAT TONIGHT, CORRECT? SO WE DO NOT HAVE TO APPROVE THE PLOT TONIGHT IN ORDER FOR THEM TO CONTINUE TO MOVE FORWARD ON DOING WHAT THEY'RE SAY THEY'RE GOING TO DO.

SO IN MY OPINION, I FELT LIKE WE WERE BEING HELD HOSTAGE.

I KNOW THE LEGAL.

I GET WHAT YOU'RE SAYING, BUT HE'S SAYING YOU CAN'T DO ANYTHING WITHOUT THE PLAT APPROVED AND YOU'RE SAYING THE EASEMENT STILL NEEDS TO BE WORKED ON.

BUT THE THE PLAT AND THE CONSTRUCTION PLANS ARE TWO SEPARATE.

THE CONSTRUCTION PLANS ARE THERE.

IT COULD BE MOVING FORWARD.

THE INJUNCTION WAS LET GO AS OF AUGUST.

TWENTY SEVEN, TWENTY TWENTY ONE AND NOTHING'S BEEN DONE SINCE THEN.

SO I'M KIND OF CONFUSED WHERE.

BUT LET ME BE SURE, THE COUNCIL, SOMETIMES WE TEND TO GET THINGS MERGED TOGETHER AND WE LOSE A LITTLE FOCUS ON WHAT WE'RE DEALING WITH.

THE QUESTION THAT YOU'RE BEING BOMBARDED WITH ARE THINGS RELATING TO THE IDEA OF HOW WE'RE GOING TO MANAGE STORM WATER AND CONSTRUCTION WORK, IMPLEMENTING THE CONSTRUCTION OF THE PUBLIC WORKS INFRASTRUCTURE THAT IS AN ELEMENT OF THE CONVERSATION.

DON'T GET HYPNOTIZED.

REMEMBER, WE'RE ALL SO TRAPPED BY THE PROVISIONS OF CHAPTER 212, AS AMENDED AND ENHANCED BY HOUSE BILL THIRTY ONE POINT SIXTY SEVEN.

IF THEY SUBMIT A FINAL PLAT THAT IS COMPLIANT WITH OUR REQUIREMENTS, WE MUST ACT ON IT WITHIN 30 DAYS.

IT'S NON-DISCRETIONARY.

IT'S AUTOMATICALLY APPROVED BY OPERATION OF LAW IF WE DO NOT ACT ON IT, IF WE DENY IT.

WE HAVE TO SPECIFICALLY STATE IN WRITING THE BASIS OF THE DENIAL AND CITED TO THE SPECIFIC PROVISION OF OUR SUBDIVISION ORDINANCE WITH WHICH THEY ARE NOT COMPLIANT.

IF WE FAIL TO DO THAT, THE PLAT IS AUTOMATICALLY APPROVED AND THE CITY IS LIABLE FOR ATTORNEY'S FEES AND COSTS INCURRED BY THE DEVELOPER.

AND HAVING DONE THAT.

THAT'S THE DANGER OF A FULLY COMPLIANT PLATT.

THE LAW THE TEXAS LEGISLATURE HAS IN ESSENCE, SAID IT'S AUTOMATICALLY APPROVED AS A MATTER OF LAW, AND IF YOU STAND IN THE WAY, YOU WILL BE COLLATERAL DAMAGE.

SO THE CONSTRUCTION PLAN ISSUES A SEPARATE ISSUE, PLAT APPROVAL, WE'RE TRAPPED BY THE STATUTE. SO, SO QUICK QUESTION IS THE PLAT IS THE PLAT FULLY COMPLIANCE? I MEAN, WE'VE GOT FLOODING AND EVERYTHING ELSE GOING ON OUT HERE.

THE PLANT IS COMPLIANT.

I WOULD SUBMIT TO YOU THAT THE THE DYNAMIC ACTIONS THAT YOU'RE SEEING ON THE PROPERTY AREN'T RELATED TO WHAT WAS SHOWN ON THE FACE OF THE PLAT, BUT RATHER THE LAND DISTURBANCE ACTIVITY THAT OCCURRED.

SO THE ONE THAT YOU HAVE ON YOUR AGENDA TONIGHT MEETS ALL OF OUR REGULATIONS REGARDING A SUBDIVISION. THE PREVIOUSLY APPROVED PLANT IS SOMETHING THAT THEY COULD FALL BACK TO, IF SO, THAT SO DESIRE.

SO WHAT WE HAVE TONIGHT IS A PLANT THAT STAFF IS RECOMMENDING APPROVAL OF.

CAN I GET ONE MORE THING, MICHELLE MENTIONED THAT YOU HAVE TO SEE THE EASEMENT FOR THE DOWNSTREAM IMPROVEMENTS THAT NEED TO BE MADE BEFORE, IN YOUR OPINION, AS THE CITY'S ENGINEER, THE BEFORE THE SITE CAN BE MADE TO DRAIN IN A CONTROLLED WAY AND NOT FLOOD PEOPLE'S PROPERTY. YOU NEED TO HAVE EVIDENCE OF AN EASEMENT HAVING BEEN PURCHASED.

[01:00:03]

UNTIL WE GET THAT EASEMENT, I CANNOT RELEASE THE PLANS BECAUSE IT CANNOT BE CONSTRUCTED TO THE DEGREE THAT IT OR IT CANNOT BE CONSTRUCTED, CONSTRUCTED AND FUNCTION OK BECAUSE THERE'S NO WAY TO RELEASE THAT WATER.

SO TO THE ATTORNEY, IF SHE DOES NOT RELEASE THE PLANS, THEY CANNOT BUILD THIS THING.

CORRECT. THAT IS CORRECT.

BUT WE DO HAVE THE AUTHORITY TO BLOCK THE CONSTRUCTION IF THEY DON'T COMPLY.

BUT WE DO IT BASED UPON OUR REFUSAL TO ALLOW CONSTRUCTION TO PROCEED BASED ON FAILURE TO MEET THE REQUIREMENTS OF THE CONSTRUCTION PLANS.

THAT'S WHY I SAY PLATING IS SEPARATE THE PLAN.

I KNOW THAT THAT'S WHAT I'M TRYING TO SAY.

WE SEEM TO BE HOGTIED.

THERE IS NOT ONE DAMN THING ABOUT THIS DEVELOPMENT THAT I LIKE, AND I THINK PROBABLY EVERYBODY UP HERE IS GOING TO NOD THEIR HEAD.

ALL RIGHT. BUT I GOT TO PUT THAT ASIDE, WE DO HAVE TO COMPLY WITH THE LAW.

I WOULD. I WISH THERE WAS SOMETHING MORE TO BE SHOWN IN THIS CASE THAT JUST A CALLOUS DISREGARD FOR JUST ABOUT ANYBODY CONNECTED TO THE PROJECT, INCLUDING THE STATE OF TEXAS.

THESE CITATIONS ARE FOR NOT EVEN HAVING A STORM WATER PREVENTION PLAN.

NOW A DEVELOPER THAT COMES IN HERE AND TELLS ME I DO 14 DEVELOPMENTS GO IN AT THE SAME TIME. IT DOESN'T KNOW HE NEEDS A SWIFT PLAN IS NOT A REAL ENTITY, SOMETHING HAS GONE HERE AND I'M SEEING EVIDENCE AFTER EVIDENCE OF AN OPPORTUNITY TO COOPERATE WITH THE NEIGHBORS BEING PASSED UP, I'M SEEING THE PATTERN OF CALLOUS DISREGARD.

SO AS LONG AS WE'RE NOT RELEASING FINAL CONTROL OVER WHAT GETS BUILT HERE, I'M GOING TO HAVE TO AGREE TO THE PLAT BECAUSE AS YOU SAY, STATUTORILY, IT'S NOTHING I DO ABOUT IT.

IT'S GOING TO HAPPEN WITH OR WITHOUT OUR VOTE.

SO FINE. BUT WE NEED TO GET THE ENGINEERING WORKED OUT AND THESE PEOPLE NEED TO GET AMENDS MADE TO THE PEOPLE THAT HAVE BEEN DAMAGED.

MY GOD, WE'VE BEEN EIGHT MONTHS SINCE WE'VE DONE THIS DAMAGE AND WE'RE STILL NOT EVEN ACCEPTING IT. AND WE WANT TO CUT A CHANNEL THROUGH THEIR PROPERTY, DIG THE CHANNEL, BUT MAKE THEM SOD IT AND IRRIGATE IT.

WHAT THE HELL? SO ONE THING I DO WANT TO MAKE SURE THAT EVERYBODY DOES UNDERSTAND WITH THE APPROVED PLOT THAT THEY HAVE, THERE IS AN EXISTING EASEMENT TODAY ACROSS THE PROPERTY THAT COULD BE UTILIZED WITH THE APPROVED PLAT.

THEY CAN REDESIGN BACK TO THE ORIGINAL DESIGN.

AND STILL MOVE FORWARD REGARDLESS.

SO THE NEW DESIGN, THOUGH, NEEDS A NEW EASEMENT JUST SO THAT WAY, EVERYBODY IS HOPEFULLY THAT MAKES SENSE.

OK. IT DOES JUST FEEL LIKE WE'VE GOT OUR HANDS TIED AS FAR AS THE PLAT.

YEAH, BUT THAT'S NOT THE LAST GRIP WE'VE GOT ON TRYING TO TRYING TO GET THIS THING DONE RIGHT. AND IF I DON'T LIKE THE DEVELOPMENT AND WHAT THE DEVELOPER IS TRYING TO DO, SO WHAT'S IN THE COUNTY, IT'S NOT MY CALL.

THE NEIGHBORS DON'T LIKE IT.

THE FACT THAT THAT THAT THEY'RE NOT RAISING CANE ABOUT THE FACT OF HAVING [INAUDIBLE] PUT IN NEXT TO A STATE LOTS THAT SPREAD AS FAR AS THE EYE CAN SEE BAFFLES THE HELL OUT OF ME.

BUT I GUESS THEY'VE JUST GOT MUCH MORE SERIOUS PROBLEMS TO DEAL WITH WITH THE MUD AND THE RUNOFF. THEY EVEN GOT TO THE POINT OF SAYING, GEE, THAT'S GREAT I'VE GOT APARTMENT BUILDINGS GOING IN NEXT DOOR.

CRAP, WE'RE READY TO VOTE.

WE GOT TO VOTE.

PASSES UNANIMOUS.

OK, MAYOR AND COUNCIL, WE'LL MOVE ON TO ITEM 6B FOR THE VOTE, PLEASE.

THIS IS THE WAIVER FOR SECTION FOUR POINT FIVE STREETS OF THE DESIGN STANDARD MANUAL FOR EAST PARK SUBDIVISION.

I MAKE A MOTION TO DENY THE WAIVER.

SECOND. I GOT A MOTION BY TAMARA AND A SECOND BY DAN TO DENY, TO DENY.

PLEASE VOTE. OK, THE MOTION PASSES TO DENY THE WAIVER.

WE'LL MOVE ON NOW TO ITEM 6C,

[C. 352 SW Wilshire Blvd (Tiki Treats) (Case 21-155): Hold a public hearing and consider approval of an ordinance amending ordinance B-582, the zoning ordinance of the City of Burleson, Texas, by amending the official zoning map and changing the zoning on approximately .0045 acres, addressed as 352 SW Wilshire Blvd from C, Commercial to SP, Site Plan Zoning, to allow for a snow cone stand to remain on-site, making this ordinance cumulative of prior ordinances, providing a severability clause; providing a penalty clause, and providing for an effective date. (First and Final Reading) (Staff Presenter: Tony McIlwain, Director of Development Services) (The Planning and Zoning Commission recommended approval unanimously)]

HOLD A PUBLIC HEARING AND CONSIDER APPROVAL OF AN ORDINANCE AMENDING ORDINANCE B 582.

THE ZONING ORDINANCE OF THE CITY OF BURLESON, TEXAS BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON APPROXIMATELY .0045 ACRES ADDRESSED AS 352 SOUTHWEST WILSHIRE BOULEVARD FROM C COMMERCIAL TO SP SITE PLAN ZONING TO ALLOW FOR A SNOW CONE STAND TO REMAIN ON SITE.

THIS IS BEFORE COUNCIL ON 1ST AND FINAL READING.

[01:05:03]

MS. JANA GRIFFIN IS THE APPLICANT AND THE LANDOWNER IS MR. JAMES LEMON LEMONS.

THIS ZONING MAP SHOWS THE COMMERCIAL PROPERTY AND THEN YOU SEE A RECTANGULAR SHAPE THAT IS THE PLATTED LOT WHERE THE TIKI TREATS TIKI TREATS LOCATION IS.

PLANNING STAFF TOOK PICTURES, WE BASICALLY TOOK STREET VIEW SCREENSHOTS OF WHAT THE PROPERTY LOOKS LIKE WHEN THE STRUCTURE IS NOT THERE VERSUS THE CHARACTER OF THE STRUCTURE WALL IN PLACE, YOU'LL SEE US OF A DE MINIMIS NATURE BECAUSE OF THE SIZE OF THE STRUCTURE.

WE DID NOTIFY PROPERTY OWNERS WITHIN 300 FEET OF THE SUBJECT SITE PUBLISHED IN A NEWSPAPER AND POSTED SIGNS ON THE PROPERTY RECEIVED NO INQUIRIES CONCERNING THE REQUEST.

THE SCREEN GRAPHIC SHOWS THE BUFFER [INAUDIBLE] FOOT BUFFER THAT GIVES YOU SOME IDEA OF THE PROPERTY OWNERS THAT WE REACHED OUT TO.

STAFF IS NOT IN OPPOSITION OF THE ZONING CHANGE FROM COMMERCIAL TO SITE PLAN DISTRICT FOR THIS PARTICULAR LOCATION.

WE CERTAINLY THIS IS A SEASONAL SNOW CONE.

IN OUR RATIONALE, WE TOOK NOTE THAT IT'S A PERMANENT PAD SITE.

IT'S A PLATTED LOT.

OUR CONCERN IS THAT IF THE APPLICANT DOES PURSUE YEAR ROUND OPERATION, THAT THEY SHOULD BE ALLOWED REQUIRED TO COME IN AND GET A CERTIFICATE OF OCCUPANCY, AS WOULD ANY BUSINESS OWNER DOES OPERATING YEAR ROUND.

THAT WOULD INCLUDE GETTING ALL THE NECESSARY PERMITS FROM THE BUILDING OFFICIAL.

THE PLANNING ZONING COMMISSION'S RECOMMENDATION TO YOU COUNCIL IS FOR APPROVAL THAT WAS ABOUT A VOTE OF FIVE TO ZERO.

THE DISCUSSION CENTERED ON CLASS B OCCUPANCY REQUIREMENTS IF THE APPLICANT DECIDED TO CHANGE THE USE OF THE SITE TO ALLOW FOR A YEAR ROUND OPERATION.

SO JUST THEY WANT TO KEEP IT THERE YEAR ROUND, BUT OPERATE SEASONALLY IS WHAT THEY'RE PETITIONING YOU FOR.

YOUR ACTION TONIGHT IS TO OPEN A CLOSED PUBLIC HEARING AT STAFF IS SUPPORTIVE OF THE REQUEST TO KEEP THE SITE, KEEP THE STRUCTURE ON THE SITE YEAR ROUND WITH THE CAVEAT THAT IT OPERATES SEASONALLY AND WITH THAT I'LL ENTERTAIN ANY QUESTIONS THAT YOU HAVE.

MAYOR IF YOU'LL OPEN THE PUBLIC HEARING PLEASE AND STATE THE TIME.

I'M OPENING PUBLIC HEARING AT 6:44.

I HAVE NO SPEAKER CARDS AT THIS TIME.

IS THERE ANYBODY IN THE AUDIENCE THAT WOULD LIKE TO SPEAK ON THIS ITEM? I SEE NONE MAYOR, CAN YOU CLOSE THE PUBLIC HEARING, PLEASE? I CLOSE THE PUBLIC HEARING AT 6:45.

WELL, THAT TOOK A LONG TIME.

MAYOR, IF YOU COULD CALL FOR A VOTE, PLEASE ON THE ITEM, MOTION.

I MAKE A MOTION TO APPROVE.

I SECOND THAT MOTION.

SMALLEST PIECE OF PROPERTY THAT WE'VE EVER ZONED? I BELIEVE SO, TONY, I THINK IT'S CLOSE.

YOU GOT TO CHANGE THE WAY.

ZERO ZERO FOUR FIVE ACRES, MOTION PASSES UNANIMOUS.

THAT MOVES US ON TO ITEM 6D WHICH WE'VE ALREADY DISCUSSED OF, HAS BEEN WITHDRAWN BY THE APPLICANT THAT MOVES US ON TO ITEM 6E.

[E. Sherwood Forest Estates addressed as 3301 FM 731 (Case 21-115): Consider approval of a preliminary plat for Sherwood Forest Estates, Lots 1-24, Block 1, with a subdivision waiver to Article 5, Section 5.4 (b) – Street layout requirements to exceed the maximum allowable block length within the Extra Territorial Jurisdiction of the City of Burleson. (First and Final Reading) (Staff Presenter: Tony McIlwain, Director of Development Services) (The Planning and Zoning Commission recommended approval unanimously)]

THIS IS TO CONSIDER APPROVAL OF A PRELIMINARY PLAT FOR SHERWOOD FOREST ESTATES LOTS LOTS 1-24, BLOCK 1, WITH A SUBDIVISION WAIVER TO ARTICLE 5, SECTION 5.4 (B) – STREET LAYOUT REQUIREMENTS TO EXCEED THE MAXIMUM ALLOWABLE BLOCK LENGTH WITHIN THE EXTRA TERRITORIAL JURISDICTION OF THE CITY OF BURLESON. THE STAFF PRESENTED TONIGHT IS TONY MCILWAIN, DIRECTOR OF DEVELOPMENT SERVICES.

AGAIN, MR. MCILWAIN, THANK YOU.

ALTON ISBELL IS REPRESENTING SENDERO OAKS LLC.

THEY'RE HERE TONIGHT FOR APPROVAL OF A PRELIMINARY PLAT THAT INCLUDES A WAIVER TO THE CITY'S MAXIMUM BLOCK LENGTH.

THIS PROPERTY IS ADDRESSED AS 3301 FM 731, AND IT CONSISTS OF A LITTLE BIT MORE THAN

[01:10:06]

TWENTY FOUR SINGLE-FAMILY RESIDENTIAL LOTS AT AN ACRE OR MORE IN SIZE ARE PROPOSED, THIS IS AN ETJ.

CURRENTLY, THE CITY'S BLOCK LENGTH IS TWELVE HUNDRED FEET.

THIS EXCEEDS THAT BY FOUR HUNDRED AND NINETY FOUR FEET, AND THUS CONSTITUTES A WAIVER ON BEHALF OF THE APPROVAL BODY.

THAT BEING, YOU ALL SO IT'S A STRAIGHT LINE SHOT TO THE TURNAROUND, WHICH IS A CUL DE SAC. ENGINEERING HAS PROVIDED THE FOLLOWING WITH REGARD TO ROADWAYS, UTILITIES AND DRAINAGE. I WON'T READ THAT, OBVIOUSLY YOU HAVE THAT ON THE SCREEN IN FRONT OF YOU.

BUT THIS IS BASICALLY WHAT WE PROVIDED FROM A RESPONSE ASPECT TO THE TO THE PROPERTY FOR YOUR CONSIDERATION.

WE DID NOTIFY INDIVIDUALS WITHIN 200 FEET OF THE SUBJECT SITE PUBLISHED IN THE NEWSPAPER, AND WE RECEIVED NO INQUIRIES.

SO WITH REGARD TO THE COUNCIL ACTION BEING REQUESTED DURING THE COURSE OF OUR CONVERSATION WITH THE PLANNING ZONING COMMISSION, IT WAS NOTED THAT IN ADDITION TO THE BLOCK LENGTH REQUIREMENT. THE APPLICANT DID NOT PROVIDE A DETENTION EASEMENT ON ONE OF THE PROPOSED LOTS AND THE CURVILINEAR REQUIREMENTS WEREN'T MET.

THAT'S WHY YOU SAW THIS STRAIGHT LINE STREET.

THE PANNING AND ZONING COMMISSION'S RECOMMENDATION IS THAT THE PLAT IS APPROVED WITH THE CONDITIONS THAT THE CURVILINEAR REQUIREMENTS ARE MET.

THE WAIVER TO THE BLOCK LENGTH IS MET AND THE DETENTION EASEMENT IS ACCURATELY SHOWN ON LOT 12. SO THE POSTURE, IF APPROVED BY YOU WOULD BE STAFF REVIEWING THAT.

PRIOR TO THAT, PLAT BEING RECORDED PRIOR TO US ACCEPTING IT AND BEING RECORDED.

I'D LIKE TO ANSWER ANY QUESTIONS THAT YOU ALL HAVE.

AND OF COURSE, MS. MCCULLOUGH IS HERE IF YOU WANT TO TALK MORE ABOUT SOME OF THE ENGINEERING STANDARDS, BUT MY STAFF WILL REVIEW ANY CHANGES.

IF YOU ALL APPROVE THE PLAT CONDITIONALLY AND WE'LL HOLD IT UNTIL SUCH TIME, THEY'VE MET THE CITY'S REQUIREMENTS REGARDING ANY ACTION YOU TAKE TONIGHT.

WHAT ARE THEY USING A SEWER LINE, SOMEBODY'S SEWER LINE? IT'S ONE ACRE LOTS.

I HEAR THE COUNTY HAS INCREASED THE SIZE FOR SEPTIC'S.

OK, SO WE SAY SEWER LINES NO THIS IS ON SITE SEWER FACILITIES.

OK. LET ME BE CLEAR, I'M SORRY, MR. MAYOR, WHEN YOU MENTIONED SEWER LINES, THIS WILL BE SEPTIC ON SITE SEWER FACILITIES FOR THESE LOTS. OK.

ANYBODY? I DON'T KNOW. MR. MCILWAIN IS THERE, THE P&Z SAID THAT THEY WOULD RECOMMEND IT WITH A CONDITION THAT IT MEET THE CURVILINEAR REQUIREMENTS.

DID THEY PROPOSE IN ANY MANNER HOW YOU WOULD ACHIEVE A CURVILINEAR ALIGNMENT ON THAT STRAIGHT STREET THAT'S NINETEEN HUNDRED FEET LONG? THEY DID NOT. WE HAVE SOME IDEAS OF HOW THAT COULD BE DONE.

SOME OF THOSE LOTS, LOT 12 IN PARTICULAR WOULD HAVE TO ACCOUNT FOR DRAINAGE.

WE THINK THAT'S A LOGICAL LOCATION TO APPLY A CURVE TO MEET THE CITY'S REQUIREMENTS.

IF PUSH COMES TO SHOVE, WHAT WE'RE LOOKING AT IS SOME OF THOSE LOTS OF LOSING SOME DEPTH IN ORDER TO MEET THE REQUIREMENTS, BUT THE REQUIREMENTS HAVE TO BE MET UNLESS EXPRESSLY WAIVED BY YOU ALL.

WE'RE NOT RECOMMENDING THAT THEY WAIVE.

WE JUST RECOMMEND THAT THEY'RE MET.

THAT'S A PRETTY, PRETTY LONG DRAG WAY STRIP THERE AS AS DRAWN.

WHAT'S THE ADVANTAGE OF APPROVING IT NOW WITH CONDITIONS AS OPPOSED TO JUST WAITING TO THE PROPER PLAT IS CREATED? WELL, ACTION WILL HAVE TO BE UNDERTAKEN, SO WE'RE ALWAYS UP AGAINST THE STATUTORY REQUIREMENTS FOR HAVING A PLAT APPROVED.

SO AS FAR AS SPEAKING TO ADVANTAGES VERSUS DISADVANTAGES, I DON'T KNOW IF I CAN SPEAK TO THAT, MR. MAYOR, OTHER THAN WHAT WE'RE LOOKING AT NOW IS JUST MAKING SURE THE PLAT HAS SOME ACTION UNDERTAKEN.

WORST CASE SCENARIO, IF THE PLATS DISAPPROVED, THE GENTLEMAN WOULD HAVE TO COME BACK AND RESUBMIT. WE THINK THAT THE CHANGES THAT WE'RE ASKING FOR ARE MINOR TO THE EXTENT THAT WE CAN REVIEW THOSE AND MAKE SURE THAT HE'S MET REQUIREMENTS OF THE SUBDIVISION REGULATIONS.

IF THE COUNCIL APPROVES IT, YES [INAUDIBLE], THEN THE CITY STAFF WOULD SEND THE APPLICANT

[01:15:05]

THEY THEN HAVE WHATEVER TIME IT TAKES TO COME BACK WITH A COMPLIANT SOLUTION TO THE PLATTING ISSUE.

AND ONCE THEY SUBMIT IT TO US, WE WOULD THEN HAVE 15 WITHIN 15 DAYS.

WE HAVE TO GIVE THEM EITHER APPROVAL OR A SECOND CONDITION OR REJECTION AND SITE THE SPECIFIC REASON WHY.

BUT THERE IS A PROVISION IN THE STATUTE TO ALLOW THIS TO GO FORWARD.

ARE WE READY FOR A MOTION? IS THERE ANY OTHER COMMENT? THIS WOULDN'T BE THE FIRST TIME WE'VE WE'D APPROVED A STREET LONGER THAN THE RULES ALLOWED JUST BECAUSE OF THE SHAPE AND SIZE OF THE PROPERTY, SO I'M NOT OPPOSED TO THIS.

IF YOU'RE READY FOR MOTION TO APPROVE, I'LL PROBABLY MAKE THAT MOTION, BUT IT WILL BE CONDITIONAL APPROVAL BASED ON THEM COMING BACK AND MEETING THE CURVILINEAR REQUIREMENTS WITH THEIR FINAL PLANS.

GO AHEAD AND USE YOUR OH YEAH.

WELL, I EITHER SAY IT RIGHT OR DON'T DO BOTH.

ONE TRACK MIND, I'M SORRY.

PLEASE VOTE. MOTION PASSES, UNANIMOUS, WELL SAID, THEN

[A. Consider approval of a contract with Studio Outside for the final design of Shannon Creek Park in the amount of $488,985. (Staff Presenter: Jen Basham, Director of Parks and Recreation)]

7A IS CONSIDER APPROVAL OF A CONTRACT WITH STUDIO OUTSIDE FOR THE FINAL DESIGN OF SHANNON CREEK PARK IN THE AMOUNT OF $488,985.

STAFF PRESENTER TONIGHT IS JEN BASHAM, DIRECTOR OF PARKS AND RECREATION.

MS. BASHAM. GOOD EVENING, MAYOR AND COUNCIL.

ALL RIGHT. THIS EVENING WE'RE BRINGING FORWARD THE DESIGN CONTRACT FOR SHANNON CREEK PARK. JUST A LITTLE BIT OF BACKGROUND ON SHANNON CREEK.

THE AREA THAT WE'RE FOCUSING ON RIGHT NOW IS THE FOURTEEN POINT EIGHT SIX ACRES THAT'S CURRENTLY UNDEVELOPED.

THAT'S PART OF A MUCH LARGER SYSTEM.

THE RESIDENTS IN THIS AREA HAVE BEEN REQUESTING IMPROVEMENTS TO THE PARK FOR THE PAST SIX YEARS. ORIGINALLY, THE PLAN FOR THIS PARK WAS TO DO A NATURE PRESERVE.

SINCE THEN, WE'VE DONE A LOT OF PUBLIC ENGAGEMENT, AND SO WE DO BELIEVE THAT'LL STILL STICK, BUT WE DEFINITELY HAVE A LOT MORE IN THE DESIGN PROCESS.

A LITTLE BIT OF A TIMELINE.

INITIAL BUDGETS AND POTENTIAL AMENITIES WERE PROPOSED TO THE PARKS BOARD BACK IN APRIL OF 21. THAT SAME LIST WAS BROUGHT TO COUNCIL IN APRIL AS WELL.

IN JULY, WE DID A HUGE COMMUNITY SURVEY TO GET SOME FEEDBACK.

WE ALSO HOSTED A TOWN HALL MEETING, WHICH I'LL GO THROUGH.

WE CREATED A NEW AMENITY LIST AND BUDGET.

WE DID ANOTHER LEVEL OF SURVEY TO REFINE THOSE AMENITIES, AND WE BROUGHT THAT BACK IN THE FALL. PARK BOARD AND COUNCIL BOTH REVIEWED THE UPDATED BUDGETS AND PROVIDED FEEDBACK IN NOVEMBER, AND THEN WE WENT THROUGH A SELECTION PROCESS FOR A VENDOR.

AND THEN JUST LASTLY, SHANNON CREEK WAS APPROVED AS PART OF THE 2022 CAPITAL IMPROVEMENT PROGRAM.

CLASSIFICATION OF SHANNON CREEK, JUST TO REMIND EVERYBODY CONGRUENTLY THERE'S ABOUT 90 ACRES ADJACENT TO SHANNON CREEK, SO THIS IS A BIG CONNECTOR PIECE FOR OUR SYSTEM.

THE CURRENT PHASE THAT WE'RE LOOKING AT IS THAT FOURTEEN POINT EIGHT SIX SHANNON CREEK ITSELF, IF YOU INCLUDE ALL OF THE PROPERTY ADJACENT TO IT, IS ALMOST 30 ACRES WITH LINEAR LINKAGES. WE HAVE ABOUT 25 ACRES AND SO TOTAL FOR THE WHOLE AREA IS ABOUT 116 ACRES, AND THIS PARK WILL PROVIDE A PARK TO UP TO FOUR THOUSAND RESIDENTS WITHIN ONE MILE.

THE AREA THAT WE'RE DISCUSSING TODAY IS THE YELLOW SECTION THAT YOU SEE, SO THAT FOURTEEN POINT EIGHT SIX ACRES THE AREA DIRECTLY TO THE WEST AND ACROSS THE STREET ACROSS CANDLER DRIVE THAT ONE POINT THREE EIGHT ACRES.

THESE WERE THE ORIGINAL CONCEPTS THAT WERE BROUGHT TO YOU GUYS LAST APRIL.

IT STARTED A LONG CONVERSATION ABOUT HOW ARE WE GOING TO DO PUBLIC ENGAGEMENT, SO WE DID QUITE A BIT OF THAT. THE COST SUMMARY FOR THIS WE HAD OUR ORIGINAL CONCEPTS WERE RANGED BETWEEN ONE POINT FIVE AND THREE POINT FOUR MILLION DOLLARS.

AND PUBLIC ENGAGEMENT ROUND ONE, WE HAD THREE HUNDRED AND THREE RESPONDENTS TO THE ONLINE SURVEY AND THEN WE DID AN IN-PERSON TOWNHALL WHERE WE HAD TWENTY EIGHTY ATTENDEES AND WE DID MAIL OUT MAILERS TO EVERYONE WITHIN THAT ONE MILE RADIUS FOR THAT TOWN HALL MEETING.

THE SUPPORTED AMENITIES FROM THAT FIRST ROUND OF FEEDBACK INCLUDED NATURALIZED AREAS AND TRAILS, PAVED TRAILS, SOME MANICURED OPEN SPACE.

THEY WOULD LIKE TO SEE A LARGE BARRIER FREE PLAYGROUND, NATURE THEMED WITH SOME SHADE, A FISHING POND, SPORTS COURT, FITNESS EQUIPMENT, PARKING AND RESTROOM.

FOR THE SECOND ROUND OF PUBLIC ENGAGEMENT, WE HAD FIVE HUNDRED AND FORTY FIVE RESPONDENTS, WHICH IS QUITE A BIT.

[01:20:03]

SO YES, EVERYONE WOULD LIKE TO SEE ADDITIONAL NATURE, NATURALIZED AREAS AND TRAILS, SOME PAVED TRAILS, MANICURED OPEN SPACE, A COMBINATION OF BOTH A NATURE THEMED PLAY AREA AND A BARRIER FREE AREA FISHING POND.

SPORTS COURT OF SOME SORT.

PARKING AND RESTROOMS. SO THE FINAL CONCEPT, OR THE CONTRACT FOR DESIGN, INCLUDES SOME TYPE OF FISHING AMENITY OR FISHING POND PAVILION WITH RESTROOM AND SHELTER FOR PICNICS.

SOME NATURE THEMED PLAY, WHICH IS WHAT YOU SEE ON YOUR TOP LEFT.

SOME FITNESS EQUIPMENT.

A SPORTS COURT AND A BARRIER FREE PLAYGROUND.

KEEP IN MIND, THESE ARE ALL CONCEPTS THAT WE WILL GO THROUGH A LOT MORE PUBLIC ENGAGEMENT AS WE GET INTO FINAL DESIGN.

SO THESE ARE THE AMENITIES THAT ARE INCLUDED IN THE CONTRACT WITH THE APPROXIMATE TOTAL PROJECT COST, WHICH DOES INCLUDE ENGINEERING AND CONSTRUCTION OF THREE POINT SIXTY NINE SEVEN MILLION DOLLARS.

ANY QUESTIONS ON THE AMENITIES THAT WE'RE LOOKING AT FOR THIS ONE? WELL, JUST A QUESTION I KNOW WE DISCUSSED THIS.

DID YOU SAY NOVEMBER, BUT YEAH, WHAT DID WE NOT PUT IN THIS PARK BECAUSE? WELL, I THINK THAT'S THE REFINING PART.

SO NOW THAT WE'VE DONE CONCEPTUAL DESIGN, WE WANTED TO MAKE SURE THAT, YOU KNOW, THE HEAVY HITTERS WERE HIT. WHEN YOU ARE DOING A BARE PIECE OF PROPERTY, A LOT OF THIS STUFF SOUNDS LIKE A LOT. BUT REFORESTATION, WE'RE PLANTING TREES THERE.

YOU KNOW, THAT KIND OF STUFF. I'M NOT TALKING ABOUT REFORESTATION, BUT THE AMENITIES, THE EVERYTHING. SO THE HIGH COST OF THREE POINT FIVE, BECAUSE I REMEMBER I WAS HERE FOR THAT AND SAYING, NO, I DIDN'T WANT TO DO THREE POINT FIVE.

WE'RE NOW AT THREE POINT SIX NINE SEVEN.

YES, THAT WAS HOW AND I'M SORRY, BUT I HAVE TO GO BACK IN THIS WILL.

THIS WILL BRING UP ANOTHER DISCUSSION FOR ANOTHER DAY.

BUT I LOVE PUBLIC ENGAGEMENT THAT'S CRITICAL IN JUST ABOUT EVERYTHING THAT WE DO FOR TRANSPARENCY. BUT WHEN IT COMES TO THINGS LIKE THIS, WE'RE BASICALLY JUST GIVING THEM CARTE BLANCHE AND SAYING HERE, TELL US EVERYTHING YOU WANT, AND NOW WE'LL GO AHEAD AND SPEND AS MUCH MONEY AS WE CAN TO GIVE YOU WHAT YOU WANT.

AND I'M SORRY, BUT WE NEED TO TWEAK THIS SOMEHOW A LITTLE BIT BECAUSE LIKE I SAID, WHAT ARE WE NOT GIVING THEM? THEY WANTED THE WORKOUT AREA.

WE GAVE IT TO THEM. THEY WANTED A POND, WE GAVE IT TO THEM.

THEY WANTED THIS. WE GAVE IT TO THEM.

WHEN DO WE BE FISCALLY RESPONSIBLE AS THE PEOPLE IN CHARGE OF THE FINANCIAL COMPONENTS OF THE CITY AND BE REALISTIC ABOUT WHAT WE'RE SAYING YES TO ON EVERYTHING BECAUSE WE'RE NOW AT THREE SIX NINE SEVEN, WHICH WILL PROBABLY TOP OUT AT FOUR MILLION BY THE TIME WE'RE DONE WITH THIS.

THE BUDGETS THAT'S SET IS NOT THE FINAL DESIGN BUDGET.

SO WHILE WE GO THROUGH THIS NEXT PHASE OF FINAL DESIGN AND REFINE WHAT WHAT AMENITIES ARE SPECIFICALLY LISTED ONE, NOT ALL OF THESE AMENITIES WILL MOST LIKELY FIT IN THIS PROGRAM SPACE. SO AS WE REFINE THAT THROUGH THAT NEXT PHASE OF PUBLIC ENGAGEMENT, IF THERE'S SOMETHING THAT COUNCIL FEELS, THEY WOULD LIKE TO CHANGE THE BUDGET TO WE CAN ADJUST ACCORDINGLY. ALL OF THESE AMENITIES, A LOT OF THEM, IT SOUNDS LIKE A LOT OF AMENITIES.

SOME OF THEM ARE VERY AFFORDABLE.

A SPORTS COURT, A VOLLEYBALL COURT COSTS LIKE EIGHT GRAND.

SO WHILE IT SOUNDS LIKE A LOT OF AMENITIES, A LOT.

THE BULK OF THIS BUDGET IS THE REFORESTATION, THE PARKING, THE INFRASTRUCTURE, THE DRAINAGE. IT'S NOT OVERZEALOUS WITH PROGRAMING AS FAR AS PLAYGROUND AMENITIES AND NATURAL PLAY AREAS.

I'M LOOKING AT THESE FOUR AND IT'S PRETTY ROBUST.

IT'S GOT NATURAL, IT'S GOT A BIG GIANT PLAY AREA, IT'S GOT A PAVILION, IT'S GOT A POND, IT'S GOT A WORKOUT AREA AND IT HAS A VOLLEYBALL COURT.

NO OTHER PARK [INAUDIBLE] ALL OF THAT IN ONE LOCATION.

I WANT TO I WANT TO STEP IN HERE JUST A LITTLE BIT.

I'M THE ONE WHO THREW YOU UNDER THE BUS, JAN, AND I'M SORRY, WE GAVE YOU A I GAVE YOU DIRECTIONS ON HOW I WANTED TO DO THIS, AND I ENDED UP WITH HOW WE DID THE SPLASH PAD.

I WAS IMPRESSED WITH THAT.

AND YOU DID EXACTLY WHAT I ASKED.

YOU DID, AND I'M VERY, VERY IMPRESSED.

BUT I AGREE 100 PERCENT WITH THE MAYOR.

WE GOT TO GET THE COSTS DOWN ON THIS SOON, BECAUSE WE HAVE A LOT OF PARKS.

THIS ISN'T JUST ONE, AND I DO HAVE A KIND OF A CONCERN THAT SHANNON CREEK DOES.

THIS IS A COMMUNITY PARK.

THIS IS A BIG COMMUNITY PARK.

THIS IS 100 ACRES.

VERY NICE JOB.

BUT WE HAVE OTHER PARKS WE HAVE TO DO TOO.

SO WE'VE GOT TO REALLY WATCH OUR MONEY, TRIM THIS BACK.

I DON'T KNOW WHAT THE NUMBER WILL BE, BUT WE NEED TO TRIM BACK A LITTLE BIT ON THIS.

OK, AND THEN HAVE A DISCUSSION AND TWEAK THE NEXT TIME WE DO THIS.

BUT DON'T I DON'T. PLEASE DON'T TAKE THIS LIKE WE DON'T APPRECIATE WHAT YOU DID.

IT'S JUST A MATTER OF THIS IS THIS A LITTLE MORE MONEY THAN I THOUGHT IT WAS GOING TO BE.

MAYOR, I DON'T KNOW IF THAT'S THE CASE.

I'M SLIDING A FEW SLIDES AHEAD HERE, AND IT LOOKS LIKE THIS AMOUNT IN QUESTION IS THE AMOUNT WE APPROVED BACK IN NOVEMBER.

[01:25:03]

I KNOW IT. ME TOO.

BUT THAT THAT IS THE BUDGET WE RECOMMENDED, AND I THINK WE MADE OUR CHOICES AMONG MOST OF THE AMENITIES OF WHAT WE THOUGHT WE COULD AND THOUGHT WE COULDN'T AFFORD.

NOW, THAT DOESN'T MEAN THAT THE PRICE ON THE ESTIMATE OF THREE POINT SIX MILLION MAY BE FOUR BY THE TIME WE'RE SAID AND DONE OR FOUR AND A HALF.

THAT'S THE WAY CONSTRUCTION COSTS ARE.

BUT I THINK I THINK JEN'S WELL GROUNDED IN AND I AM PUTTING THE BUDGET TOGETHER FOR THE AMOUNT WE'VE ALREADY APPROVED.

I AGREE I'M JUST HAVING STICKER SHOCK AS WELL AS REMORSE.

AND HONESTLY, WHEN IT FIRST CAME UP, I DIDN'T WANT TO DO THIS AMOUNT.

BUT WE IT'S REALLY HARD WHEN WE DO PUBLIC ENGAGEMENT AND THEN YOU HAVE TO TURN AROUND AND SAY NO. BUT IF YOU DID PUBLIC ENGAGEMENT AND SAID, OK, YOU'RE GOING HAVE TO PAY A THOUSAND DOLLARS OF THAT, WHAT WOULD THEY SAY THEY WANTED? WE HAVE TO PUT THINGS REALISTICALLY MOVING FORWARD.

IT'S MOVING FORWARD.

I REALIZE BECAUSE IF YOU PUT UP THERE THE BELLS AND WHISTLES, THEY WANT THE BELLS AND WHISTLES. I WANT THE CADILLAC TOO, BUT I CAN'T AFFORD IT.

SO WE HAVE TO BE SMART BECAUSE THIS IS GOING TO BE 4B DEBT.

PROBABLY, RIGHT? YES, MA'AM. DEBT, FOR THE RECORD, 4B DEBT IS A CO BOND.

LET ME BE VERY CLEAR TO EVERYBODY.

THAT MEANS WE DO NOT HAVE THE MONEY FOR THIS.

SO THIS WILL BE DEBT, EVEN THOUGH IT'S DEBT IN THE PARK FUND.

I JUST WANT TO BE VERY CLEAR TO PEOPLE, BUT TECHNICALLY IT'S A REVENUE BOND.

IT'S STILL IT'S SUPPORTED BY 4B.

THANK YOU. THANK YOU.

BUT WE DON'T HAVE THE CASH TO PAY FOR IT.

SO AT SOME POINT, WHEN DO WE KEEP BUILDING? WE DID THE BELLS AND WHISTLES IN OUR WATER PARK.

I'VE HEARD IT FROM LOTS OF PEOPLE.

WE DID EVERYTHING EVERYBODY WANTED.

WHEN DO WE BE FISCALLY SMART? WELL, LET ME JUST ADD A COUPLE OF THINGS TO THIS.

FIRST OF ALL, IT'S A DIFFICULT QUESTION.

I KNOW IT'S A LOT OF FUNDS.

WE HAD STARTED THIS SEVERAL MONTHS AGO, AND WE HAD TRIED TO BRING FORWARD SOME CONCEPTS WITH SOME APPROXIMATE DOLLAR AMOUNTS AND ASK FOR COUNCIL DIRECTION ON WHAT WOULD APPROPRIATE BUDGET WOULD BE.

I THINK THE COUNCIL'S MESSAGE TO US AT THAT TIME WAS, WELL, WE DON'T KNOW WHAT THE BUDGET IS BECAUSE WE DON'T KNOW WHAT THE COMMUNITY WANTS.

SO LET'S GO BACK OUT AND GET SOME OF THIS FEEDBACK TO COME BACK.

SO I REALIZE IT'S A LOT OF DOLLARS, BUT I THINK ONE OF THE THINGS THAT WE CAN DO IS ITEMIZE SOME OF THESE THINGS WHEN WE COME BACK AND GIVE YOU A PROBABLE COST FOR EACH ONE OF THESE. AND THEN IF THERE IS A LOWER NUMBER THAT YOU'D WANT BEFORE YOU, YOU FINALIZE THE CONSTRUCTION DOCUMENTS.

WE CAN DO THAT AND YOU CAN SEE THAT THE RELATIVE COST OF EACH ITEM AND MAYBE YOU CAN PICK AND CHOOSE ALL OF THESE, SOME OF THESE, OR NONE OF THESE, YOU KNOW, MAYBE THAT'S THE BEST WAY TO DO IT, BUT WE'RE GIVING YOU OUR BEST GUESS ON THE OVERALL COST FOR ALL OF THE AMENITIES. BUT YOU STILL COULD HAVE ANOTHER OPPORTUNITY TO LOOK AT THOSE LATER WE'RE GOING TO GO BACK. OR IF YOU'D LIKE TO TELL US THERE'S A PARTICULAR DOLLAR AMOUNT THAT YOU DON'T WANT TO GO ABOVE, TELL US WHAT THAT IS AND WE CAN DESIGN IT TO THAT FIGURE.

HOPEFULLY THAT'S HELPFUL.

YEAH, I THINK THE ITEMIZED IS VERY HELPFUL BECAUSE THEN WE CAN ACTUALLY LOOK AT THAT AND, YOU KNOW, MAYBE WE MAYBE WE CUT.

WE STILL PROVIDE ALL THE FEATURES.

MAYBE MAYBE WE MAKE SOME OF THEM A LITTLE SMALLER OR WE PHASE THEM IN AT DIFFERENT TIME.

WE DO SOMETHING DIFFERENT TO HELP HELP BRING THE COSTS DOWN.

YOU KNOW, I LOVE THE COMMUNITY ENGAGEMENT AND YOU GUYS ARE DOING AN EXCELLENT JOB JUST LIKE, THE MAYOR SAID. I MEAN, THIS IS THIS LETS US KNOW WHAT THE COMMUNITY ACTUALLY WANTS. YOU KNOW, I KNOW RESTROOMS ARE SUPER EXPENSIVE AND THE PAVILION, I KNOW THAT'S A LOT OF MONEY. SO MAYBE WE LOOK AT THOSE THINGS.

SO I MEAN, THAT'S JUST SOMETHING THAT THEY THOUGHT MIGHT AS WELL HELP US WITH THAT.

ABSOLUTELY. AND I'LL SHOW YOU GUYS KIND OF THE OPPORTUNITIES THAT WE'LL HAVE TO REFINE THAT BUDGET BEFORE WE EVER BID OUT CONSTRUCTION ON A FEW SLIDES.

SO THIS IS JUST THE PREVIOUS ACTION, IT'S KIND OF A REITERATION PART.

BOARD REVIEWED IT IN NOVEMBER.

YOU GUYS REVIEWED IT ON NOVEMBER 8TH.

WE INTERVIEWED THREE FIRMS, SO WE DO HAVE AN APPROVED VENDOR LIST THAT WE WORK OFF, THAT WE SEND OUT RFP EVERY YEAR.

VENDORS RESPOND AND SO THEY ARE ALREADY PRE VETTED AND APPROVED.

AS PART OF THAT PROCESS, STUDIO OUTSIDE WAS UNANIMOUSLY SUPPORTED THROUGH THE INTERVIEW AND STAFF RECOMMENDATION.

A BIG THING THAT WE WANT TO MAKE SURE WE HIT HOME WITH YOU GUYS IS THE PUBLIC ENGAGEMENT.

SO WHILE WE'VE DONE A TON TO DATE NOW THAT WE'RE ACTUALLY GETTING INTO THAT FINAL DESIGN, THIS IS REALLY WHERE THE RUBBER HITS THE ROAD AND WE WANT TO MAKE SURE THAT WE ARE MEETING WITH THOSE STAKEHOLDERS ON SITE THAT WE WILL BE MEETING WITH THE DEVELOPERS THAT SURROUND THE AREA, THAT EVERYBODY THAT'S GOING TO HAVE A SAY IN THIS PARK.

ONCE IT'S BUILT, THEIR VOICE WILL HAVE AN OPPORTUNITY TO BE HEARD.

AND THEN THE OTHER THING WOULD BE THE FORMAL NAMING OF THE PARK.

SO RIGHT NOW WE CALL IT SHANNON CREEK.

IT'S THE SAME AS THE DOG PARK.

WE MAY GO THROUGH ANOTHER NAMING PROCESS FOR THIS ONE AS WELL BECAUSE IT DOES SERVE A LARGER AREA THAN JUST SHANNON CREEK.

SO THIS IS A CONTRACT FOR THIS EVENING STUDIO OUTSIDE, THIS IS A FEW EXAMPLES OF THEIR PROJECTS REVOLUTION PARK IN DALLAS.

NATURE PLAY AT DOGWOOD CANYON, VALLEY VISTA PARK IN LEWISVILLE.

[01:30:06]

BUT THEY REALLY SPECIALIZE IN KEEPING THINGS NATURAL AND MAKING SURE THAT WHEN YOU WALK THROUGH THE SPACE, IT'S MORE OF AN EXPERIENCE.

THEIR CONTRACT INCLUDES ALL OF YOUR STANDARD ITEMS, KICK OFF AND DISCOVERY DESIGN, A BIG PART OF THIS PROJECT IS THAT SHANNON CREEK PARK IS IN A FLOOD AREA AND SO FLOODPLAIN STUDY IS REQUIRED. THAT'S A BIG CHUNK OF THIS PROJECT.

THE CONSTRUCTION DOCUMENTS BIDDING IN PRE-CONSTRUCTION CONSTRUCTION ADMINISTRATION AND THEN, OF COURSE, PUBLIC ENGAGEMENT AND THEN THE ADD ALTS.

THE WAY THAT WE'RE DOING THAT ARE FORTY THREE NINETY.

SO THE CONTRACT THAT YOU'RE APPROVING THIS EVENING INCLUDES THOSE ADD ALTS.

IF WE DO NOT DECIDE TO MOVE FORWARD WITH THAT, WE WILL NOT DO THE FINAL DESIGN FOR THOSE.

SO THAT WOULD COME OFF OF THIS CONTRACT.

THE OUTSIDE HOURS, SO THIS IS JUST A BREAKDOWN OF THEIR HOURLY FEES BASED ON THE LEVEL OF POSITION THAT THEY HAVE AND THE ANTICIPATED AMOUNT OF HOURS THAT GET PUT INTO THIS PROJECT. THEY'RE LOOKING TO SIGN ON WITH US FOR THE NEXT TWO YEARS AS WE GO THROUGH THE DESIGN OF THIS WITH OVER A THOUSAND HOURS OF DESIGN AND PUBLIC ENGAGEMENT AND CONSTRUCTION DOCUMENTS.

AND THEN THIS IS THE PUBLIC ENGAGEMENT STRATEGY THAT WE'RE WORKING THROUGH, SO WE WILL HOLD THOSE STAKEHOLDER MEETINGS WE WILL DO IN PERSON DESIGN CHARRETTES, ONLINE SURVEYS.

THE CONTRACT ITSELF INCLUDES 30 PLUS HOURS OF PUBLIC ENGAGEMENT THAT STAFF IS ALSO VERY WELL VERSED IN THIS. SO WE'LL TAG TEAM THIS TO MAKE SURE THAT WE'RE GETTING IT FROM ALL ANGLES. AND THEN THIS IS THE TIMELINE, SO IF THE CONTRACT IS APPROVED THIS EVENING, WE WILL SPEND THE NEXT THREE MONTHS DOING STAKEHOLDER AND PUBLIC ENGAGEMENT.

WE'LL CREATE A CONCEPTUAL DESIGN WHICH WILL COME BACK TO BOTH PARK BOARD AND COUNCIL AND GO BACK OUT TO THE COMMUNITY FOR REFINING OF BUDGET LINE ITEM COSTS, SPECIFIC AMENITIES FROM THERE FROM THAT REFINED LIST, THEN WE WILL HIT THAT FINAL DESIGN.

BIDDING WILL TAKE A FEW MONTHS AND THEN BASED ON THE FINAL DESIGN, 9 TO 12 MONTHS TO CONSTRUCT. QUESTIONS.

ANY QUESTIONS? UH.

I SAY WE MOVE FORWARD BECAUSE THIS IS A LARGE ENOUGH PART AND MORE PEOPLE IS GOING TO USE IT IN SHANNON CREEK, SO.

UH, STICKER SHOCK KIND OF HURTS A LITTLE BIT, BUT IT'S STILL A GOOD DEAL.

GOOD, GOOD. ANYBODY ELSE? CALL FOR A MOTION, PLEASE, MAYOR, [INAUDIBLE] MOTION ON THIS.

I'LL MOVE, SECOND I HAVE A MOTION BY VICTORIA AND A SECOND BY DAN, PLEASE VOTE.

PASSES UNANIMOUS, OH, EXCUSE ME, THREE.

WE GOT SIX, FOUR AND ONE NO CASES, THANK YOU.

AT THAT TIME, MAYOR, IT BRINGS US TO ITEM 6B, D AND E, WHICH HAVE BEEN REMOVED FROM THIS GENERAL SECTION AND MOVED ON TO CONSENT, WHICH WAS APPROVED EARLIER THIS EVENING.

SO WE WILL MOVE ON TO ITEMS 7 F, G, H, AND I.

[F. Consider and take action on an ordinance calling a Special Bond election to be held on May 7, 2022. (First and Final Reading) (Staff Presenter: Amanda Campos, City Secretary)]

[G. Consider approval of a resolution declaring the intent and commitment to create a contract with the voters; stipulating the proceeds from the bonds shall be used for the projects identified in the ordinance calling the May 2022 bond election; directing the City Manager to implement the May 2022 bond program in accordance with the specific projects and programs set forth in this resolution and the propositions approved by the voters; and declaring an effective date. (Staff Presenter: Amanda Campos, City Secretary) ]

[H. Consider approval of a Resolution for a Joint Election and contract with Burleson Independent School District for the May 7, 2022 Special Election. (Staff Presenter: Amanda Campos, City Secretary)]

[I. Consider approval of a lease agreement with Johnson County for one AutoMark voting machine for the May 7, 2022 Special Election. (Staff Presenter: Amanda Campos, City Secretary)]

THIS IS BEFORE YOU ON FIRST AND FINAL READING.

7G IS CONSIDER APPROVAL OF A RESOLUTION DECLARING THE INTENT AND COMMITMENT TO CREATE A CONTRACT WITH THE VOTERS STIPULATING THE PROCEEDS FROM THE BONDS SHALL BE USED FOR PROJECTS IDENTIFIED IN THE ORDINANCE CALLING THE MAY 2022 BOND ELECTION, DIRECTING THE CITY MANAGER TO IMPLEMENT THE MAY 2022 BOND PROGRAM IN ACCORDANCE WITH THE SPECIFIC PROJECTS AND PROGRAMS SET FORTH IN THIS RESOLUTION AND THE PROPOSITIONS APPROVED BY THE VOTERS AND DECLARING AN EFFECTIVE DATE.

CONSIDER APPROVAL OF A RESOLUTION FOR A JOINT ELECTION AND CONTRACT WITH BURLESON INDEPENDENT SCHOOL DISTRICT FOR THE MAY 7TH 2022 SPECIAL ELECTION AND 7I CONSIDER APPROVAL OF A LEASE AGREEMENT WITH JOHNSON COUNTY FOR ONE AUTOMATIC VOTING MACHINE FOR THE MAY 7TH, 2022 SPECIAL ELECTION STAFF PRESENTER TONIGHT ON ALL THE ITEMS AS MYSELF.

AMANDA CAMPOS, CITY SECRETARY SO I WILL PRESENT THOSE ITEMS. OK. OK.

AS STATED BEFORE, THERE WERE FOUR ITEMS BEFORE YOU FOR CONSIDERATION, BUT I'M GOING TO DO ONE PRESENTATION FOR ALL, SINCE THEY'RE ALL INTERTWINED TOGETHER.

[01:35:06]

THERE'S SOME POINTS HERE TO MAKE ON THIS ONE.

I WANTED EVERYBODY TO KNOW THAT THE ORDINANCE IS REQUIRED TO BE HELD IN AN OPEN MEETING VOTED ON IN AN OPEN MEETING OF THE COUNCIL.

SO THAT'S BEING TAKEN CARE OF TONIGHT WITH THIS COUNCIL MEETING AND THEN CERTAIN POINTS OF THE ORDINANCE THAT ESTABLISH OR CALL THE THE ELECTION.

SO FIRST THING WE WANT TO DO IS ESTABLISH A PRECINCT.

SINCE WE ARE JOHNSON AND TARRANT COUNTY, WE ARE CONDUCTING OUR OWN ELECTIONS AT THIS TIME, WE HAVE TO FORMALLY ESTABLISH A PRECINCT.

POLLING PLACE, SO IT'S THE BURLESON SENIOR ACTIVITY CENTER AND WE'VE HAD A LOT OF DISCUSSION ABOUT THAT.

AND I KNOW IT SAYS BACK ROOM.

BUT THAT IS HOW WE AS A CITY HAVE IDENTIFIED THE BACK SECTION OF THE BURLESON SENIOR ACTIVITY CENTER, WASN'T TRYING TO BE FUNNY.

THAT'S I JUST ASKED WHEN WE WHEN WE PUBLISH TO THE CITIZENS, SOMETHING THAT'S GOING ON IN THE BURLESON SENIOR ACTIVITY CENTER IN A SPECIFIC LOCATION.

DID WE HAVE A NAME FOR THE ROOM? HOW DO WE DESCRIBE IT? AND THEY SAID WE PUT BACK ROOM.

OK, SO WE'RE GOING TO DO BACK ROOM 216 SOUTHWEST JOHNSON AVENUE EARLY VOTING DAYS AND HOURS. SO STARTING MONDAY, APRIL 25, 2022 THROUGH TUESDAY, MAY 3RD, 2022 FROM 8:00 A.M.

TO 5:00 P.M.

I WANT TO MAKE SURE THAT EVERYBODY UNDERSTANDS THIS DOES INCLUDE SATURDAYS AND SUNDAYS.

SO THAT WHOLE TIME WE'RE NOT ADJUSTING TIME.

IT'S 8:00 TO 5:00 THAT MONDAY THROUGH THAT OTHER TUESDAY.

YOU ARE NAMING ELECTION OFFICIALS TONIGHT, SO YOUR EARLY VOTING CLERK WILL BE MYSELF, THE CITY SECRETARY, THE PRESIDING JUDGE WILL BE HILDA ROBINSON, AND YOUR ALTERNATE JUDGE WILL BE LINDA HAYS.

JUST TO NOTE, THOSE ARE TWO WORKERS THAT LINDA HAS BEEN WITH US PROBABLY ALMOST 20 YEARS, PROBABLY CLOSE TO 18 YEARS, AND HILDA HAS BEEN HERE.

I BELIEVE THIS WILL BE HER 10TH YEAR WITH US.

SO THIS IS A CLARIFICATION FOR VOTING BY MAIL IS LITERALLY DONE BY AN APPLICATION FOR A BALLOT BY MAIL SO YOU CAN VOTE BY MAIL THROUGH A BALLOT BY MAIL.

THAT APPLICATION CAN BE MAILED INTO MYSELF AT 141 WEST RENFRO OR IT CAN BE FAXED OR IT CAN BE EMAILED. AND I'M SORRY IN THIS PRESENTATION, YOU CAN'T SEE THAT EMAIL ADDRESS.

IT'S EMAIL. IT'S ELECTIONS@BURLESONTX.COM, WHICH ALL OF OUR PUBLICATION WHEN I PUT ALL THIS OUT, WILL HAVE THAT WHERE YOU CAN READ THAT EMAIL ADDRESS.

I DO WANT TO NOTE THAT IF YOU FAX OR EMAIL YOUR APPLICATION FOR A BALLOT BY MAIL, YOU HAVE TO FOLLOW IT UP WITHIN FOUR DAYS, FOUR BUSINESS DAYS WITH THE ACTUAL APPLICATION, THE HARD COPY, I NEED WHAT THEY CALL A WET SIGNATURE, SO ANYTHING FAXED OR EMAILED IS CONSIDERED TO BE A DIGITAL SIGNATURE.

EVEN IF THEY SIGN FOR IT WITH A PEN.

WHEN THEY SCAN IT AND SEND IT, THEN IT BECOMES A DIGITAL SIGNATURE AND THE ELECTION CODE.

ALTHOUGH IT ALLOWS FOR YOU TO FAX AND EMAIL, IT HAS NOT CHANGED THE FACT THAT I STILL HAVE TO GET THE FORMAL PHYSICAL APPLICATION FOR A BALLOT BY MAIL.

SO VOTING BY MAIL IS DONE BY A BALLOT BY MAIL, BUT THE FIRST STEP ON THAT IS AN APPLICATION FOR A BALLOT BY MAIL.

EARLY VOTING BALLOT BOARD, SO THAT'S BEING ESTABLISHED, IT'S THE PRESIDING JUDGE, THE ALTERNATE JUDGE AND ALL OTHER CLERKS THAT ARE WORKING, THAT ELECTION WILL MAKE UP THE BALLOT BOARD AND THEN ALSO YOU'RE GOING TO STATE THE PROPOSITIONS AND THE BALLOT LANGUAGE. ARE THERE ANY QUESTIONS ON ANY OF THAT? AND I DO WANT TO MENTION TO COUNCIL AND ANYBODY ELSE WATCHING.

WE WILL START DOING INFORMATIONAL VIDEOS.

I'LL START WORKING WITH OUR COMMUNICATION TEAM, WE'LL START PUTTING THOSE OUT.

AND THE ONE THING THAT WE'RE GOING TO START PUTTING OUT RIGHT AWAY, HOPEFULLY BY THE END OF THIS WEEK IS GOING TO BE SPECIFIC INSTRUCTIONS ON HOW TO APPLY FOR A BALLOT BY MAIL.

I KNOW THERE'S SOME CONFUSION RIGHT NOW BECAUSE WE ARE HAVING A PRIMARY ELECTION THAT'S BEING CONDUCTED BY THE COUNTY, AND SO PEOPLE ARE CONFUSED ON WHEN THEY NEED TO ACTUALLY APPLY FOR A BALLOT BY MAIL AND WHICH ELECTION THEY'RE ACTUALLY APPLYING FOR.

SO I JUST WANT TO BE CLEAR THAT THAT'S THAT'S HOW THAT IS.

SO ALSO, I KNOW THAT WE'VE TALKED AT LENGTH ABOUT HOW THIS IS GOING TO LOOK FOR THE VOTERS, SO THAT TOP PORTION WHERE IT SAYS LANGUAGE ON THE BALLOT PROPOSITION A AND PROPOSITION B, THAT IS THE EXACT LANGUAGE.

WHEN I HAND, WHEN WE HAND A BALLOT TO THE VOTERS, THAT IS WHAT THEY WILL SEE ON THEIR BALLOT. THE LANGUAGE IN THE ORDINANCE IS LISTED BELOW THAT WILL NOT BE ON THEIR BALLOT, BUT AS WE HAVE DISCUSSED BEFORE, IT WILL BE POSTED ON THE ENTRANCE OF THE POLLING PLACE.

I WILL PROBABLY DO BIGGER TEXT THAN WHAT I HAVE UP THERE BECAUSE I COULDN'T READ IT IF YOU IF YOU ASKED ME TO OUTSIDE THE POLLING PLACE.

SO WE'LL MAKE SURE THAT WE DO BIGGER TEXT ON THAT.

AND THEN WHEN WE DO PROMOTIONAL VIDEOS TALKING ABOUT THE ELECTION, WE WILL MAKE SURE THAT

[01:40:02]

WOULD THAT COUNT AS A BUSINESS DAY OR DO THEY HAVE TILL MONDAY? NO, THEY THEY.

SO AN APPLICATION FOR A BALLOT BY MAIL THERE IS THERE IS A LIMITATION ON WHEN THAT THAT'S APRIL 26TH.

SO I HAVE TO RECEIVE IT IN MY OFFICE BY APRIL 26TH.

GOTCHA. YEAH. YEAH, THE THE THINKING THERE IS, IF YOU CAN DO THAT, YOU SHOULD BE COMING IN TO VOTE DURING THOSE HOURS UNLESS YOU'RE OUT OF THE COUNTRY OR YOU'RE OUT OF THE STATE STATE OR THE CITY OR THE COUNTY, EVEN YOU CAN USE THOSE EXCUSES.

SO. BUT IT HAS TO BE THE APPLICATIONS HAVE TO BE SUBMITTED BY APRIL 26TH TO ME, SO I'LL NEED TO RECEIVE THOSE.

SO WE'LL MOVE ON TO THE RESOLUTION, WHICH IS THE CONTRACT WITH VOTERS, SO THIS IS SOMETHING THAT THE COUNCIL ASKED US AND INSTRUCTED BOND COUNCIL AND OUR LEGAL STAFF TO COME UP WITH. SO THIS RESOLUTION CLARIFIES AND DECLARES THE CITY COUNCIL'S INTENT AND COMMITMENT TO THE VOTERS.

SO WHEN YOU LOOK AT THE RESOLUTION SPECIFICALLY, WHAT IT'S DOING IS LAYING OUT THE PROJECTS THAT YOU GUYS HAVE IDENTIFIED AND SAYING THAT IF THIS BOND PASSES, THIS IS WHAT WE ARE CONTRACTUALLY SAYING TO YOU AS WE RESOLVE AS A CITY COUNCIL THAT WE WILL FOLLOW THESE PROJECTS.

THIS ALSO DIRECTS THE CITY MANAGER TO IMPLEMENT THE BOND PROGRAM, ACCORDING TO THIS TO THE BOND PROGRAM AND THEN ALSO COUNCIL DESIRE FOR THE PROGRAM TO BE COMPLETED WITHIN SEVEN YEARS OF VOTERS APPROVAL.

SO EXHIBIT A IS A RESOLUTION THAT WAS POSTED ON THE AGENDA AND IT.

A IS FOR THE STREETS AND ROADWAY IMPROVEMENTS, AND B IS FOR THE CONSTRUCTION AND IMPROVEMENT OF EQUIPMENT AND PUBLIC SAFETY.

I DID ATTACH HERE FOR OUR REVIEW.

EXHIBIT A AND I WANTED TO POINT THIS OUT BECAUSE ON THE LEFT HAND SIDE, THE COLUMN ON THE LEFT SAYS THE PROGRAM AND THEN SPECIFICS ARE IN THE DESCRIPTION THERE.

SO IF YOU SEE THAT DONE A GREAT JOB OF SPECIFYING EXACTLY WHAT YOU GUYS HAVE TALKED ABOUT, WHAT THE BOND COMMITTEE HAD TALKED ABOUT AND WHAT WAS THE UNDERSTANDING IN ALL THESE MEETINGS. ARE THERE ANY QUESTIONS ON THAT ONE? THE NEXT ITEM IS A JOINT RESOLUTION AND CONTRACT WITH BURLESON INDEPENDENT SCHOOL DISTRICT, SO THIS IS SOMETHING THAT WE DO.

IT'S A NECESSITY FOR THE SCHOOL DISTRICT TO ENTER INTO A JOINT RESOLUTION WITH ANOTHER ENTITY, EITHER A LOCAL ENTITY OR THE COUNTY, TO CONDUCT THEIR ELECTIONS.

THEY TYPICALLY CONTRACT WITH US.

SO IN THAT RESOLUTION THAT YOU'LL APPROVE TONIGHT, WE WILL SPECIFY THAT THEY'RE GOING TO USE THE SAME POLLING PLACES AND HOURS.

THE ELECTION OFFICIALS IN THE CLERKS, THE EQUIPMENT AND EARLY VOTING CLERK MYSELF.

I'LL HANDLE ALL OF THEIR MAIL BALLOTS ALSO, AND THEN THEY'LL NAME ME AS THEIR RECORDS CUSTODIAN. SO FOR RECORDS RETENTION, THAT ALSO INCLUDES THE 50 50 SPLIT ON ALL OF THOSE ITEMS. SO AS YOU CAN SEE, IT EVEN INCLUDES THE DESTRUCTION.

SO WHEN THOSE DESTRUCTION RECORDS COME AROUND, WE'LL BILL THEM FOR HALF OF THE COST OF DESTROYING THOSE RECORDS, AND THEY WILL TAKE THIS UP AT THEIR FEBRUARY 14TH BOARD MEETING TO APPROVE THIS SAME JOINT RESOLUTION.

SO WE APPROVE IT FIRST, THE RESOLUTION AND THE CONTRACT, AND THEN THEY MOVE FORWARD WITH THAT. THIS DOES NOT ABSOLVE BISD FROM DOING ALL OF THEIR PUBLIC NOTIFICATIONS, AND SO THEY HANDLE ALL OF THAT. I DON'T DO ANY OF THEIR LEGAL PUBLIC NOTIFICATIONS ON THAT.

THEY RETAIN THAT PART OF IT.

AND THEN THIS IS THE REQUIREMENT FOR HAVA.

THE HELP AMERICA VOTE ACT REQUIRES THE ACCESSIBLE VOTING MACHINE.

WE RELEASE ONE EVERY YEAR FROM JOHNSON COUNTY.

IT'S THREE HUNDRED AND FIFTY DOLLARS PER PER ELECTION.

COUNTY WILL TEST THE MACHINE WE'LL PROGRAM IT.

WE'LL SEND THEM THE PROGRAM AND THEN THEY WILL TEST THE MACHINE THERE.

AND THEN I WILL PICK THEM UP AND RETURN THEM TO JOHNSON COUNTY ELECTIONS OFFICE IN CLEBURNE. AND BY THE WAY, THE COUNTY HAS NEVER RAISED THE PRICE ON THAT VOTING MACHINE SINCE I'VE BEEN HERE, THEY'VE CHARGED US THREE HUNDRED AND FIFTY DOLLARS, SO.

SO PLEASE DON'T SAY IT'S EXCESSIVE BECAUSE THEY HAVEN'T RAISED IT ON ME.

ARE THERE ANY QUESTIONS OR COMMENTS OR ANYTHING ELSE YOU GUYS WOULD LIKE TO TALK ABOUT ON THE ELECTION? OK.

WELL, MAYOR, IF YOU WILL MOVE THROUGH WITH CALLING TO ACTION FOR ITEM 7F, THIS IS CONSIDERING AND TAKING ACTION ON AN ORDINANCE CALLING A SPECIAL BOND ELECTION TO BE HELD ON MAY 7TH, 2022 AND THIS IS FIRST AND FINAL READING.

I DO HAVE A COMMENT.

YES, SIR. I WANT ALL Y'ALL TO KNOW.

I'M PROBABLY SITTING HERE BY MYSELF AND I ALSO WANT THE POLICE DEPARTMENTS TO KNOW AND

[01:45:04]

AND YET WE WANT $88 MILLION FOR FOR THESE THINGS, WHICH YES, WE DO NEED.

I JUST BELIEVE THAT THEY CAN BE HELD OFF FOR A WHILE.

AM I FOR LATER ON LOOKING IT OVER AGAIN RETOOLING? ABSOLUTELY. BUT AT THIS TIME, I JUST WANT YOU ALL TO KNOW THAT I'M NOT IN FAVOR OF THE OF THE ELECTION. ANY OTHER COMMENT? I THINK IT'S IMPORTANT FOR THE VOTERS TO KNOW THAT, LIKE RONNIE SAYS, THESE CAN BE PHASED IN OVER TIME. WE DON'T WE'RE NOT CUTTING $88 MILLION CHECK ON JUNE 1ST.

IT'LL BE OVER MULTIPLE YEARS.

SO AS THE AS MARTIN AND THEM, LET US KNOW WHEN IT'S ECONOMICALLY FEASIBLE TO DO THIS.

THAT'S WHEN WE ISSUE THE BONDS.

IS THERE A MOTION? I'M GOING TO MAKE A MOTION TO APPROVE.

I SECOND, I HAVE A MOTION BY DAN AND A SECOND BY JIMMY.

PLEASE VOTE. WHY IS IT NOT WORKING FOR MY SECOND? UH, I HAVE FOUR YESES AND THREE NO'S ELECTION INFORMATION PASSES.

OK, THE NEXT ITEM TO VOTE ON IS TO CONSIDER APPROVAL OF A RESOLUTION DECLARING THE INTENT

[J. Consider approval of a resolution declaring intention to reimburse an amount not to exceed $6,500,000 for capital project expenditures related to water and sewer improvements. This resolution will allow the ability to begin incurring capital expenditure cost on these projects with the intent of reimbursing the cost incurred with proceeds from bond debt to be issued at a future date, and placing time restrictions on the issuance of tax-exempt obligations. (Staff Presenter: Martin Avila, Director of Finance)]

I MAKE A MOTION TO APPROVE, IF YOU HOLD ON JUST ONE MOMENT LET ME PULL UP THE VOTING.

IT'S UP, IS THERE A MOTION HOLD ON, IT'S NOT IT'S NOT COMING UP THERE.

DID YOU DID YOU USE YOUR VOTING SYSTEM THERE TO MAKE THE MOTION, PLEASE? THERE WE GO. OK, HERE IT GOES.

THANK YOU. I GOT A MOTION.

GIVE ME A SECOND, BY DAN PLEASE VOTE.

PASSES FOUR TO THREE.

AND THE NEXT ITEM TO CONSIDER IS CONSIDER APPROVAL OF THE RESOLUTION FOR A JOINT ELECTION AND CONTRACT WITH BURLESON INDEPENDENT SCHOOL DISTRICT FOR THE MAY 7TH 2022 BOND ELECTION. MOVE TO APPROVE.

SECOND. OH, YOU GOT IT RIGHT HERE.

I GOT A MOTION BY DAN AND A SECOND BY TAMARA, PLEASE VOTE.

PASSES UNANIMOUS, AND THE NEXT ITEM IS TO CONSIDER APPROVAL OF A LEASE AGREEMENT WITH JOHNSON COUNTY FOR ONE AUTOMATIC VOTING MACHINE FOR THE MAY 7TH, 2022 BOND ELECTION.

IS THERE A MOTION? I'LL MOVE TO APPROVE.

SECOND, I HAVE A MOTION BY DAN AND A SECOND BY JIMMY.

PLEASE VOTE. PASSES UNANIMOUS.

OK MAYOR AND COUNCIL THAT BRINGS US TO ITEM 7J.

CONSIDER APPROVAL OF A RESOLUTION DECLARING INTENTION TO REIMBURSE AN AMOUNT NOT TO EXCEED SIX POINT FIVE MILLION FOR CAPITAL PROJECT EXPENDITURES RELATED TO WATER AND SEWER IMPROVEMENTS. THIS RESOLUTION WILL ALLOW THE ABILITY TO BEGIN INCURRING CAPITAL EXPENDITURE COST ON THESE PROJECTS, WITH THE INTENT OF REIMBURSING THE COST INCURRED WITH PROCEEDS FROM BOND DEBT TO BE ISSUED AT A FUTURE DATE AND PLACING TIME RESTRICTIONS ON THE TAX ASSURANCE TAX.

I'M SORRY. SURE. ISSUANCE OF TAX EXEMPT OBLIGATIONS.

TONIGHT, STAFF PRESENTERS MARTIN AVILA, DIRECTOR OF FINANCE, MR. AVILA. IF YOU WANT TO TAKE OVER.

WELL, I WAS HOPING TO GET TO THE PRESENTATION WHILE SHE WAS READING.

I DIDN'T THINK SHE WAS GOING TO.

SO LET ME GET IN THERE QUICKLY.

MAYOR AND COUNCIL, MARTIN AVILA, FINANCE DIRECTOR.

THIS ITEM IS IS A REIMBURSEMENT RESOLUTION AND REIMBURSEMENT RESOLUTIONS IS ALLOWING THE

[01:50:07]

RIGHT NOW, THE GOAL IS TO ISSUE BONDS AROUND JUNE OR JULY OF 2022.

THESE WILL BE CO'S.

THESE WILL NOT BE ANYTHING IN REGARDS TO THE BOND PROGRAM.

THIS WILL BE ANY PROJECTS THAT PERTAIN TO 4A OR 4B IN REGARDS TO THE FIVE YEAR CIP PLAN IN PARKS. AND THIS ONE MORE SPECIFICALLY IS IS TO DEAL WITH THE WATER PROJECTS THAT WERE APPROVED AS PART OF THE CIP PLAN.

AS REGARDING REIMBURSEMENT RESOLUTIONS.

IT TALKS ABOUT HAVING AN 18 MONTH WINDOW BETWEEN WHEN WHEN THE EXPENDITURES ARE GOING TO BE INCURRED TO WHEN THE PROJECT ACTUALLY STARTS.

SO THERE'S A WINDOW THAT YOU COULD ISSUE BONDS IN BETWEEN THERE.

WHEN BONDS ARE ISSUED, BOND PROCEEDS WILL THEN REIMBURSE THE AMOUNTS THAT HAD BEEN SPENT UP TO THAT POINT. AND THEN GOING FORWARD, THOSE BOND PROCEEDS WILL BE USED WHATEVER'S LEFT IN THE PROJECT.

AND AGAIN, THESE RESOLUTIONS IS NOT AN AUTHORIZATION TO ISSUE BONDS WHEN THOSE BONDS COME UP FOR FOR THE FOR THE FOR THE STANDPOINT OF THE INTENT TO ISSUE BONDS, THAT WILL BE ANOTHER AGENDA ITEM THAT HOPEFULLY WILL BE COMING IN COME MAY OR JUNE OF THIS, THIS COMING SUMMER. AGAIN, KIND OF RECAPPING OF THE OF THE FIVE YEAR CIP PLAN, IF YOU FOCUS ON FISCAL YEAR 22, THAT IS IN ESSENCE WHERE WE'RE LOOKING AT IN REGARDS TO WHAT WE'RE GOING TO DO THE INTENT TO REIMBURSE THE BIGGEST.

THE BIGGEST PROJECT HERE IS THAT FORT WORTH SEWER LINE THAT WE'RE HAVING.

THAT IS A A FOURTEEN POINT TWO MILLION DOLLAR PROJECT RIGHT NOW.

THE THE RESOLUTION IS NOT TO EXCEED SIX POINT FIVE MILLION.

RIGHT NOW, WE HAVE A BOND ISSUE IN THE BOTTOM OF FOUR POINT FOUR MILLION.

SO WHY DID I USE SIX POINT FIVE? THE REASON FOR THAT IS BECAUSE AS PART OF THE AGREEMENT WITH FORT WORTH, THERE IS A FINANCING COST THAT ALSO IS ATTACHED TO THE FOURTEEN MILLION.

AND SO IN THE PAST, WE'VE ALWAYS BEEN LOOKING AT THIS FOR FOURTEEN POINT TWO MILLION AS THE DOLLAR AMOUNT. I WANT TO MAKE SURE THAT WE HAVE THAT COST ASSOCIATED AND WE WE IN ESSENCE, ARE ABLE TO FUND WHATEVER THAT ENDING BALANCE IS GOING TO BE.

SO THAT'S THAT'S SOMETHING WE'RE WORKING WITH FORT WORTH.

I AM WORKING WITH THE FINANCE GROUP OVER THERE.

THEY ARE EXPECTING THE PROJECT TO BE COMPLETED IN MARCH 22, WHICH IS NEXT MONTH.

AND SO I WANT TO MAKE SURE THAT WE HAVE ALL THE FUNDING NEEDED FOR THAT PROJECT.

AND SO THAT IS THAT IS THE GOAL OF THIS INTENT TO REIMBURSE RESOLUTION.

AND AGAIN, THE REIMBURSEMENT RESOLUTION IS NOT TO EXCEED SIX MILLION FIVE HUNDRED THOUSAND. PRIMARILY, IT IS THE FORT WORTH RELIEF LINE.

THERE'S ALSO SOME OTHER PROJECTS ALSBURY 2 PUMP STATION AND OTHER SMALLER PROJECTS.

BUT THE MAIN ONE TO FUND IS THAT DFW RELIEF LINE THAT'S BEEN OUT THERE FOR QUITE A WHILE, AND IT'S A BIG ONE. AND AGAIN, THE ACTION IS APPROVE OR DENY THE REIMBURSEMENT RESOLUTION AND STAFF RECOMMENDS APPROVAL OF THIS RESOLUTION.

ANY QUESTIONS? IS THERE A MOTION? SORRY, I GOT A A MOTION.

HOLD ON, I HAVE A QUESTION, SORRY, MIKE.

[INAUDIBLE] IPAD'S BEEN FROZEN, SO EVERYTHING'S BEEN SET, BUT I HAVE A QUESTION ABOUT IF WE DON'T, WHAT HAPPENS IN THE EVENT THAT WE CHOOSE NOT TO ISSUE COS WHEN IT'S TIME TO PAY BACK OURSELVES FOR THESE PROJECTS? WE ALSO FOR THE ONE FOR FORT WORTH.

RIGHT. THAT IS THE ONE THAT'S ALWAYS BEEN THE CONCERN.

WE ARE COMMITTED TO THAT CONTRACT.

AND SO THEREFORE THE MAIN THING IS HOW WE'RE GOING TO FUND IT.

AND SO ORIGINALLY WE WERE TRYING TO FIGURE OUT, DO WE ISSUE 14 MILLION? CAN WE ISSUE 14 MILLION WITHOUT INCREASING THE WATER RATE? AND AT THAT POINT, THAT WAS A CONCERN.

SO ONE OF THE THINGS THAT WE'RE ABLE TO DO AGAIN, ARPA FUNDING GAVE US A LOT OF A LOT OF THE ABILITY TO TO BE ABLE TO MOVE AROUND.

SO CURRENTLY WE ALLOCATED FOUR POINT FIVE MILLION.

THERE'S ALSO IN REGARDS TO PROJECTS, WATER PROJECTS, SOMETIMES PROJECTS GET MOVED TO A DIFFERENT TIME PERIOD.

THE IDEA IS IS NOT TO JUST HOLD ON TO THOSE DOLLARS UNTIL THAT WATER PROJECT OR SEWER PROJECT IS READY TO BE DONE.

WE WERE ABLE TO REALLOCATE SOME OF THOSE DOLLARS SITTING IN OUR.

THESE ARE FUNDS SITTING IN OUR IN OUR CAPITAL PROJECT PORTFOLIO, WHERE FROM THE WATER AND SEWER COLLECT. YES, THAT IS CORRECT, OK? AND SO IT SAYS EXISTING FUNDS THE FIVE POINT NINE, THAT'S WHAT WE CURRENTLY HAVE.

THAT'S WHAT WE CURRENTLY HAVE, THAT WE'RE ASSIGNED TO PROJECTS THAT PUBLIC WORKS.

[01:55:03]

WE ARE GOING TO USE THOSE DOLLARS NOW TO BE ABLE TO UTILIZE.

I WANT TO MAKE SURE BASICALLY WE HAVE MONEY TO COVER OUR BUTTS.

YES, YES.

SO CASH FUNDING, WHERE DOES THAT COME FROM? THE CASH FUNDING.

IF YOU LOOK AT TWO ITEMS, IF YOU LOOK AT THE MISCELLANEOUS WATER AND SEWER PROJECTS FOR THREE HUNDRED AND MISCELLANEOUS WATER AND SEWER, THOSE ARE CASH FUNDING PROJECTS.

SO THESE ARE DOLLARS THAT WE WE TRANSFER FROM THE WATER OPERATIONS FOR ANY SMALL PROJECT.

YES. SO THAT'S THAT PRETTY MUCH OFFSETS.

AND THEN WE BELIEVE FOUR POINT FIVE OF OUR ARPA FUNDING WILL BE ABLE TO GO TOWARD THE FORT WORTH PROJECT SPECIFICALLY.

YES. OK. SO THIS THIS ISSUANCE POTENTIAL ISSUANCE OF COS IN MAY OR JUNE WOULD BE FOR THE FOUR POINT FOUR.

OK, SO THIS WAS NOT THE CONCERN THAT I HAVE IS IS WHAT IS THAT FINANCING COST? AND AGAIN, WHAT IS THAT WHAT IS THAT AVAILABILITY RIGHT NOW WITH WITH PUBLIC WORKS, WE'RE ALSO LOOKING AT ARE THERE OTHER PROJECTS THAT ARE GOING TO BE PUSHED OUT AND IT'S AVAILABLE TO WE COULD IN ESSENCE ALLOCATE TO THIS AS WELL AND THEN ISSUE BONDS LATER FOR WHATEVER THAT CIP PROGRAM.

IS THERE A DIFFERENCE BETWEEN ISSUING THE BONDS? I DON'T UNDERSTAND WHY WE WOULDN'T ISSUE THE BONDS ON THE FRONT END THAT WAY.

WE MAKE SURE WE HAVE THE FUNDS.

WELL, I THINK THE IDEA IS IS IF IF A PROJECT IS MOVED LATER, SAY, SAY, A TWO YEAR PERIOD, I THINK IN THE PAST WE'VE BEEN HOLDING ON TO THOSE DOLLARS TO THAT PROJECT GOING FORWARD.

AND SO WHAT THIS DOES WITH THE ABILITY, ESPECIALLY THE NEED OF $14 MILLION UP FRONT, IS THE ABILITY TO GO IN THERE, USE THOSE BONDS BECAUSE PROJECTS ARE BEING PUSHED TO A DIFFERENT TIME PERIOD AND THEN RECREATE THE CIP PLAN ACCORDINGLY TO BE ABLE TO FUND IT GOING FORWARD THE NEXT FIVE YEARS.

SO THAT'S HOW WE ARE. IN ESSENCE, THE STRATEGY TO FUND THIS $14 MILLION PROJECT IS IS THE COMBINATION OF EXISTING FUNDS.

IT'S FAR ENOUGH ALONG TO WHERE RIGHT, THAT THE FUNDS NECESSITATES PULLING OUT FUNDS.

SO I'M JUST WONDERING RIGHT NOW, INTEREST RATES ARE LOW IN SIX MONTHS, SEVEN MONTHS.

COULD THEY BE HIGHER? IS IT? I'M JUST WONDERING, IS IT MORE BENEFICIAL KNOWING WE HAVE TO START ON SOME OF THESE TO HOLD ON TO OUR CASH, UTILIZE LOWER INTEREST RATES AND THEN IF THE MONEY IS AVAILABLE AND THINGS CAN FLEX AROUND, THEN WE COULD MOVE THEM TOWARD OTHER PROJECTS.

I DON'T KNOW. I'M JUST TRYING TO THINK OUTSIDE THE BOX HERE.

IT'S A GOOD CONCERN. INTEREST RATES.

I WISH WE KNEW EXACTLY WHAT THOSE WERE GOING TO BE IN FOUR OR FIVE MONTHS THAT WE SIMPLY DON'T. BUT THE OTHER THING THAT WE LOOK AT WITH BONDS IS TO TRY TO AGGREGATE ALL OF THE BOND ISSUES IN ONE ISSUANCE.

SO WE WOULD ISSUE EVERYTHING FOR WATER AND SEWER 4B.

AND IF WE HAVE A 4A ISSUANCE AS WELL ASSOCIATED WITH LAKEWOOD THAT WE ISSUE THEM ALL AT ONE TIME AND THERE'S ECONOMIES OF SCALE, WE'RE DOING THAT IN TERMS OF ISSUANCE COSTS THAT YOU'D ACTUALLY HAVE SOME ECONOMIES OF SCALE BY DOING THAT AT ONE TIME RATHER THAN HAVING THEM AS SEPARATE ISSUES.

BECAUSE YOU HAVE BOND COUNCIL COSTS, THERE'S ALSO A RATING AGENCY FEES AND A VARIETY OF THINGS THAT HAVE TO BE EXPENSED EVERY TIME.

BUT THAT'S THE IDEA OF TO TRY TO GET IT ALL AT ONE TIME IN THE SUMMER.

WE ALSO HAVE ONE YEAR.

YES. YES, OK. AND WE ALSO HAVE OUR APPRAISE VALUES.

WE HAVE OUR ANNUAL FINANCIAL REPORT THAT WOULD ACTUALLY BE COMPLETED AS WELL, WHICH ARE NEEDED FOR ALL OF THOSE ISSUANCE PROCESSES.

I THINK THIS WELL IS ISSUING AS MUCH DEBT.

AND THEN WHAT DOES THAT IMPACT TO THE WATER RATES AND THE SEWER RATES AS WELL.

SO WE'RE BALANCING ALL OF THAT IN REGARDS TO OUR PROJECTIONS THEY WERE LOOKING AT.

SO THAT IS THE REASON.

AS OF RIGHT NOW, WE DON'T THINK WE'RE GOING TO HAVE TO RAISE RATES? AS OF RIGHT NOW IN REGARDS TO OUR BUDGET GOING NEXT YEAR A COUPLE OF YEARS NOW.

THAT IS NOT THE INTENT IN REGARDS TO OUR PROJECTIONS.

THANKS, MARTIN. THERE'S ACTUALLY A POSSIBILITY WE COULD DROP OUR PROPERTY TAX A LITTLE BIT ISN'T THERE IS A SHOT AT THAT.

WHAT WE'RE TALKING ABOUT? JUST THOUGHT I'D ASK HIM.

THAT IS A DIFFERENT MEETING AND WE WILL WE WILL TALK ABOUT THE GENERAL FUND COMING MARCH AS WE LOOK AT THAT.

ANY OTHER QUESTIONS? LET'S VOTE.

PASSES UNANIMOUS.

OK, MAYOR AND COUNCIL THAT BRINGS US TO SECTION 8 REPORTS AND PRESENTATIONS, RECEIVE A

[A. Receive a report, hold a discussion, and give staff direction regarding the equipment replacement funding program. (Staff Presenter: John Butkus, Assistant Finance Director)]

STAFF PRESENTER TONIGHT IS NONE OTHER THAN THE FAMOUS JOHN BUTKUS, THE ASSISTANT FINANCE DIRECTOR. THANK YOU, MR. CAMPOS, MAYOR, COUNCIL.

GOOD EVENING. YEAH, WE'VE GOT A PRESENTATION FOR YOU AGAIN AROUND THE EQUIPMENT

[02:00:03]

WE'LL REFER TO IT AS ERF.

A HIGH LEVEL WE'VE GOT BASICALLY TWO FUNDS IN THIS IN THIS PACKAGE, AND ONE IS A GOVERNMENTAL FOR GENERAL FUND.

THE SECOND IS PROPRIETARY FOR WATER AND SEWER.

OUR BUDGET PROCESS BASICALLY TAKES THE DEPARTMENT.

WE TAKE THEM AND THEY CONTRIBUTE TO THE REPLACEMENT FUND FOR NEW PURCHASE VEHICLES AND EQUIPMENT FOR FUTURE REPLACEMENTS, AS WELL AS EXISTING VEHICLES AND EQUIPMENT THAT EXHAUSTED THEIR USEFUL LIFE.

THE REPLACEMENT SCHEDULE IS MANAGED BY EQUIPMENT SERVICES DEPARTMENT.

IN PREVIOUS MEETINGS, COUNCILS RAISED QUESTIONS ABOUT FUNDS IN THE ERF ABOUT OPTIONS WITH FIRE APPARATUS IN LIEU OF THIRD PARTY FINANCING, AND STAFF SINCE THEN HAS TAKEN THE TIME WE'VE EVALUATED THE THE FUNDS WERE REVIEWED HISTORICAL DATA FOR TEN YEAR PERIOD.

WE LOOKED AT THE REVIEW EQUIPMENT, THE TYPE, THE APPARATUS INVENTORY, THE REPLACEMENT SCHEDULES OF EVERYTHING, AND WE'VE COME OUT WITH TAKING A LOOK AT THE EXPENDITURES, THE REVENUES, THE CONTRIBUTIONS.

REALLY LOOKING AT IT FROM A LENS WHERE WE WANT TO SEE WHAT THE OPTIMAL ANNUAL REPLACEMENT FUNDING IS, AS WELL AS THE OPTIMAL ANNUAL FUND BALANCE FOR EACH ONE.

AND AGAIN, WE LOOKED AT THAT ON A 10 YEAR PERIOD.

OUR RESULTS BASICALLY CAME OUT WITH WE'VE GOT $3 MILLION EXCESS CAPACITY IN THE GOVERNMENTAL FUND AND A MILLION DOLLAR EXCESS IN PROPRIETARY FUND.

WE PUT OUR MODEL TOGETHER AND BASICALLY WE COULD INCORPORATE THE EXISTING $7.8 MILLION IN FIRE APPARATUS INTO THIS PACKAGE.

AND THE NUMBERS THAT WILL PRESENT INCLUDE THAT AGAIN, THAT WOULD ELIMINATE FINANCIAL FINANCING OPTIONS FOR THE EXISTING FIRE APPARATUS.

AGAIN, AND ALSO, WE'RE LOOKING LOOK TO HAVE A FIXED AMOUNT, CONTRIBUTION AMOUNT FOR EACH ONE OF THE FUNDS FOR BUDGET SMOOTHING.

WE WANT TO MAKE SURE THAT WE'VE GOT THE APPROPRIATE AMOUNT OF FUNDS AVAILABLE WHEN THE EQUIPMENT IS NEEDS TO BE REPLACED AND THAT WE'LL SHOW YOU THAT HERE IN A MINUTE.

JUST HIGH LEVEL AS FAR AS OUR THE REPLACEMENT FUND PROCESS, THIS THIS MODEL INCLUDES ALL CITY EQUIPMENT, DOES NOT INCLUDE [INAUDIBLE] EQUIPMENT, THE TREADMILLS AND SO ON.

THERE'S A SEPARATE FUNDING PROGRAM FOR THAT, BUT IT DOES INCLUDE ALL THE EQUIPMENT, INCLUDING THE FIRE APPARATUS, AND WE USE THE USEFUL LIFE IN YEARS PER UNIT, AS PROVIDED BY EQUIPMENT SERVICES.

AND WE DETERMINE THE REPLACEMENT VALUE AND THAT'S BASED ON THE ORIGINAL PURCHASE PRICE OF THAT YEAR WITH A THREE PERCENT ANNUAL INFLATION LESS THE SALVAGE VALUE.

AND THEN WE CALCULATE THE ANNUAL REPLACEMENT FUNDING, WHICH IS THE AMOUNT BASED ON THE INFLATION ADJUSTED REPLACEMENT VALUE PER UNIT DIVIDED BY THE USEFUL LIFE AND YEARS.

SO WE'VE GOT THE YOU KNOW WHAT THE EQUIPMENT'S GOING TO COST AT THAT POINT IN TIME.

I WANTED TO GIVE YOU A LITTLE BIT OF HISTORY.

THE TEN YEAR HISTORY AS FAR AS THE THE GOVERNMENTAL FUND BALANCE, AS YOU CAN SEE, BACK IN 2012, WE WERE AT ONE POINT SEVEN AND WE CONTINUE TO TO INCREASE THAT FUND BALANCE OVER THIS PERIOD OF TIME.

THE TEN YEAR AVERAGE WAS $3.8 MILLION DOLLARS.

SO BASICALLY FOR THE THE GOVERNMENTAL FUND RIGHT NOW, THE CURRENT FUND BALANCE IS $5.9 MILLION. WE'VE GOT AGAIN TEN YEAR ANNUAL REPLACEMENT EXPENDITURES AVERAGE ABOUT A MILLION AND A HALF DOLLARS, AND THAT DOES INCLUDE $380,000 FOR THE FIRE APPARATUS.

THE EXISTING CAN YOU REMIND ME WHICH FIRE APPARATUS WE'RE TALKING ABOUT? WELL, THAT'S THAT'S THE HEAVY EQUIPMENT, THE PIERCES.

OK, I'VE GOT A LIST.

I DON'T HAVE IT RIGHT HERE, BUT IT INCLUDES ALL THE.

YES, MA'AM. YEP.

AND THE AND THAT $7.8 IS THE THE FUTURE VALUE OF THAT APPARATUS ALSO.

AND AGAIN, THE CURRENT THE CURRENT FUNDING WAS WITH A TEN YEAR DEBT ISSUANCE.

AND AGAIN, WE'RE LOOKING TO CHANGE THAT.

AND ALSO, THE VEHICLES AND APPARATUS ARE COVERED BY TML INSURANCE $1000 DEDUCTIBLE, WHICH REDUCES THE FUND RISK.

YOU KNOW, IF WE DIDN'T HAVE THAT INSURANCE AND WE WERE SELF-INSURED, YOU KNOW WE'D NEED FUND BALANCE TO COVER SOMETHING LARGE.

THAT WAS GOING TO BE MY QUESTION TO YOU.

I KNOW MOST OF YOUR LARGER CITIES.

I DON'T KNOW WHAT THAT NUMBER IS AS FAR AS WHERE THE WHERE IT MAKES SENSE, BUT I KNOW MOST OF THEM ARE SELF-INSURED.

I'M GUESSING WE'RE NOT THERE YET.

NO, WE GOT ACTUALLY TALK WITH WITH MATT AND EVERYTHING.

WE'VE GOT VERY GOOD COVERAGE COMPARED TO MY EXPERIENCE IN PREVIOUS CITIES.

AND YOU KNOW, THE SELF-INSURED GETS A LITTLE STICKY.

YOU KNOW, WHEN YOU'RE USING THE BIG PIERCE TRUCKS TO BLOCK TRAFFIC AND EVERYTHING, YOU RUN THE RISK THERE. BUT WE'RE FORTUNATE WE'VE GOT VERY GOOD INSURANCE COVERAGE.

[02:05:03]

JUST TO GIVE YOU A FINANCIAL PERSPECTIVE ON THIS, AGAIN, THE GOVERNMENTAL FUND ON THE COLUMN 2022, WE DO HAVE THE $5.9 MILLION BALANCE.

THIS MODEL SHOWS THE FLAT CONTRIBUTIONS OF A MILLION FOUR NINETY AND THEN ARE SCHEDULED.

REPLACEMENTS ARE BASED ON ACTUAL EQUIPMENT, PIECES AND THE ACTUAL FUTURE COST OF THAT EQUIPMENT. AND THEN IN 2022, WE'VE GOT THE PROJECTED TRANSFER OF THE $3 MILLION.

AND YOU CAN SEE THE ENDING FUND BALANCE AS WE MOVE THROUGH THIS TEN YEAR PERIOD.

OUR RECOMMENDED RECOMMENDATIONS AGAIN FOR THE GOVERNMENTAL FUND IS TO TRANSFER THREE MILLION OF THE FIVE POINT THREE FROM FUND BALANCE TO THE GENERAL FUND.

THE REMAINING FUND BALANCE, THE TWO POINT THREE MILLION, PROVIDES OVER ONE HUNDRED AND FIFTY PERCENT OF THE AVERAGE ANNUAL EXPENDITURES AND IN BUDGET, A FLAT, YOU KNOW, THE MILLION FOUR NINETY FOR THE REPLACEMENT FUND ON A GO FORWARD BASIS.

AND AGAIN, THAT WILL PROVIDE AN ANNUAL FUND BALANCE OF $3.4 MILLION.

AGAIN, WITH AVERAGE ANNUAL EXPENDITURES OVER A MILLION AND A HALF.

WE'VE GOT AMPLE COVERAGE FOR ANYTHING THAT WILL COME OUR WAY.

AND AGAIN, THIS WOULD PROVIDE THE REPLACEMENT FOR CURRENT FIRE APPARATUS, AS WELL AS THE FIVE YEAR SWORN OFFICER STRATEGIC PLAN WITH ALL THEIR VEHICLES.

SO IT COVERS EVERYTHING.

NOW WE GO INTO THE PROPRIETARY FUND AGAIN, THE CURRENT FUND BALANCES A MILLION AND A HALF DOLLARS AND OUR TEN YEAR OLD ANNUAL TEN YEAR ANNUAL REPLACEMENT EXPENDITURES AVERAGE JUST UNDER $300,000.

AND IF WE DID NOTHING, THE AVERAGE ANNUAL FUTURE TEN YEAR FUTURE FUND BALANCE WOULD BE ABOUT $1.9 MILLION.

AND AGAIN, THIS COVERS THE EQUIPMENT PRIMARILY FOR A WATER WASTEWATER.

AND OUR TEN YEAR HISTORY AGAIN, YOU CAN SEE BACK IN 2012, WE WERE AT $700,000 AND IT CONTINUED TO GROW AND THE AVERAGE FUND BALANCE WAS A MILLION THREE.

YET AGAIN, THE FINANCIALS ON THIS CURRENT FUND BALANCES A MILLION, FOUR HUNDRED AND EIGHTY ONE THOUSAND.

AGAIN, THIS MODEL SHOWS THE FLAT CONTRIBUTIONS AT $300,000 AND WE WOULD TRANSFER A MILLION TO THE WATER FUND AND THEN YOU CAN SEE THE AVERAGE FUND BALANCE DOWN BELOW.

AGAIN, THE TRANSFER OF A MILLION DOLLARS OUT OF THE MILLION FIVE TO THE WATER FUND IS THE RECOMMENDATION. THE REMAINING FUND BALANCE OF $550,000 PROVIDES 185 PERCENT OF ANNUAL ANNUAL EXPENDITURES AND THEN RECOMMENDATION IS TO BUDGET A FLAT $300,000 FOR THE REPLACEMENT FUND AGAIN TO PROVIDE BUDGET SMOOTHING.

AND THIS WOULD PROVIDE AN ANNUAL AVERAGE FUND BALANCE OF $650,000 YOU KNOW, WITH JUST UNDER THREE HUNDRED IN ANNUAL EXPENDITURES.

AND OUR OPTIONS TONIGHT ARE TO GO AHEAD AND DO THE TRANSFER OF THE EXCESS FUNDING AGAIN THE $3 MILLION FROM FUND BALANCE AND THE GOVERNMENTAL TO GENERAL FUND AND THE MILLION DOLLARS EXCESS FUND BALANCE FROM THE PROPRIETARY FUND UNTIL THE WATER FUND OR WE DO NO TRANSFERS OF THE EXCESS FUND BALANCES OR WE TRANSFER SOME OF THE EXCESS FUND BALANCE AND LEAVE A PORTION IN THE ERF.

AND I'M OPEN TO QUESTIONS AND COMMENTS.

I'M TRYING TO GET A HANDLE ON WHAT WE'RE DOING HERE, IT SEEMS THAT WE'VE SORT OF OVER BUDGETED THE CONTRIBUTION HISTORICALLY TO THE POINT WHERE WE BECAME ELATED, A LARGER BALANCE THAN WE NEED.

AND NOW WE'RE GOING TO KNOCK DOWN THE EXCESS BUDGET AND TRY TO FINE TUNE THE ANNUAL CONTRIBUTIONS TO WHERE THEY MORE CLOSELY MATCH THE EXPENSES.

THAT'S FINE. THE CONTRIBUTIONS WE'VE MADE TO THE PROPRIETARY HAVE COME FROM THE PROPRIETARY FUNDS AND THE CONTRIBUTIONS FOR GENERAL EQUIPMENT HAS COME FROM THE GENERAL FUND IN THE PAST. SO IT'S GOING BACK WHERE IT CAME FROM.

BUT IN A LUMP NOW, DO WE HAVE THAT MONEY EARMARKED? DO WE HAVE A PROJECT IN MIND THAT WE'RE TRYING TO DO? WHAT ARE WE GOING TO GO WITH THAT? NO, SIR. THE RECOMMENDATION WOULD BE THAT WE WOULD PUT IT INTO THE FUND BALANCE AND THEN THROUGH THE BUDGET PROCESS, BRING BACK OPTIONS TO THE COUNCIL SO YOU COULD SEE THOSE OPTIONS. THE CONCERN I'VE HAD IS IF THE FUNDS, IF THERE GENERAL FUNDS AS AN EXAMPLE, THEY'RE IN ANOTHER FUND THAT YOU REALLY CAN'T SEE FOR THE BUDGETING PROCESS.

AND THIS IS JUST SIMPLY TO PUT THEM ALL IN ONE BUCKET AND THE GENERAL FUND AND THEN GO THROUGH THAT BUDGET PROCESS WITH YOU.

I THINK ONE TIME CAPITAL PROJECTS WOULD BE GREAT USES OF THE FUNDS OR IT COULD BE YOU

[02:10:03]

AND WE CAN HAVE THOSE CONVERSATIONS AND OPTIONS.

AND I THINK MARTIN, THE MEETING HE'S ALLUDING TO, I THINK, IS MARCH 7TH.

IF I REMEMBER CORRECTLY, THAT WILL COME BACK AND HAVE A GENERAL FUND.

FINANCIAL FORECASTS GIVE YOU THAT FIRST BLUSH OF THAT AND THEN START DOWN THAT PROCESS OVER THE NEXT FEW MONTHS SO YOU CAN SEE THOSE OPTIONS.

BUT THAT WOULD BE THE IDEA.

HOPEFULLY, THAT DOES THAT MAKE SENSE? YEAH. YEAH, IT DOES.

I GOT ONE QUICK QUESTION.

SO, MARTIN, YOU MENTIONED EARLIER WE NEEDED FOUR POINT TWO RIGHT FOR THE SEWER, ISN'T THAT WHAT I UNDERSTOOD? YES, SIR.

AND THE MATH SHOWS ME FOUR POINT FIVE SITTING NOW WE GOT TO FIND SOME WAY TO SPEND IT.

WELL $3 MILLION OF THAT IS IN THE GENERAL FUND.

ONLY A MILLION IS IN THE WATER FUND.

AND SO THERE IS A POSSIBILITY THAT WE COULD USE THAT MILLION AND ALLOCATED AS PART OF THIS RELIEF CATEGORY.

THAT IS AN OPTION. BUT RIGHT NOW, WHAT I'M WHAT I'M HOPING FOR IS TO MAKE SURE THAT WE HAVE THE APPROPRIATE FUNDING ESTABLISHED.

I MEAN, AGAIN, WE'RE SAYING SIX POINT FIVE MILLION FOR BONDS.

WE DON'T HAVE TO ISSUE SIX POINT FIVE.

IT'S JUST THE INTENT OF THE REIMBURSEMENT.

AS WE START FINALIZING THESE, THESE NUMBERS, WE'LL BE ABLE TO KNOW WHAT THAT NUMBER IS GOING TO BE COME JUNE, JULY ONCE WE GET THE INVOICE FROM FORT WORTH.

SO THAT $3 MILLION HAS TO GO TO THE GENERAL FUND.

WE CAN'T USE THAT THREE WITH THE 1.5 AND YOU KNOW IT, IT IS GENERAL FUND TAX DOLLARS FROM THAT PARTICULAR IN THE WATER FUND IS MORE OF REVENUES FROM THE WATER OPERATIONS TO DIFFERENT, TOTALLY DIFFERENT FUNDS.

WELL, THANK YOU. THAT'S WHY YOU'RE THE FINANCE DIRECTOR.

SO WE HIRED IN ADDITION TO THERE'S TWO SRS AND FOUR NEW OFFICERS THAT WILL NEED TO BE EQUIPPED WITH VEHICLES IS THERE.

I KNOW THIS IS MORE ABOUT EQUIPMENT REPLACEMENT, BUT IF WE'RE MOVING IT INTO THE GENERAL FUND, IS THAT ONE OF THE THINGS THAT WE ONE OF THE EXPENSES WE COULD ENTERTAIN IS USING THE FUNDS TO SUPPLY THE VEHICLES FOR THOSE NEW OFFICER POSITIONS.

JUST THINKING IN THE SAME LINE OF EQUIPMENT, I THINK THAT WAS CASH FUNDED.

ALL THOSE NEW, ALL THOSE NEW VEHICLES WERE GENERAL FUND CASH FUNDED.

IF MY MEMORY SERVES ME CORRECT.

SO IT'S ALL JUST GENERAL FUND MONEY.

IT'S JUST A QUESTION OF HOW YOU HOW YOU WANT TO SHOW IT.

BUT WHEN WE BRING THOSE PACKAGES FORWARD FOR THE NEW OFFICERS AS AN EXAMPLE, WE'LL SHOW YOU THE COST OF THE EQUIPMENT, THE PERSONNEL AND EVERYTHING.

AND IT'S ALL OUT OF GENERAL FUND RESOURCES AND THEN WE'LL CONTRIBUTE EACH YEAR SO THAT WHAT IT NEEDS TO BE REPLACED, THEN YOU HAVE THE MONEY TO.

YES, MA'AM. WE BUILT THOSE IN OUR MODELING ALSO.

AND SO JUST TO JUST TO CLARIFY, IT'S LIKE IF WE GET INTO THE GENERAL FUND PART OF THIS, I KNOW OUR CITY IS GETTING BIGGER, TRAVIS, GETTING HARDER.

YOU KNOW, HOPEFULLY WE DON'T NEED SWAT A WHOLE LOT.

BUT IF WE WANTED TO LOOK DOWN THE ROAD AT TAKE HOME VEHICLES FOR SWAT OR SOMETHING LIKE THAT, IF THEY LIVE CLOSE ENOUGH SO THEY COULD RESPOND FASTER, THAT'D BE SOMETHING WE COULD LOOK AT WITH THIS FUNDING, CORRECT? YES, SIR. OKAY. AND ANOTHER THING ALSO, WE WILL REVISIT THIS DURING THE BUDGET PROCESS.

SO THIS IS NOT JUST A ONE AND DONE.

WE'LL CONTINUE TO MONITOR IF THE NEEDS CHANGE WE'LL PIVOT AND ADJUST.

MOVING FORWARD THE AMOUNT THAT WE'RE GOING TO PUT IN WILL THAT COVER THE COST OF THE AMBULANCE REPLACEMENT AS WELL? OH, THAT'S BUILT IN. YEAH.

SO WE SHOWED YOU THE COST OF THE AMBULANCES AND THEN IN THE PERFORMANCE THAT WE BROUGHT FORWARD ON THAT, WE HAD THE CONTRIBUTIONS FOR THE REPLACEMENT AT THREE HUNDRED AND FIFTY THOUSAND DOLLARS PER UNIT WAS THE CONTRIBUTION THAT WE CALCULATED SO SEVENTY THOUSAND DOLLARS A YEAR. AND AGAIN, ONE OF THE THINGS THAT WE'RE GOING TO DO WITH THE AMBULANCE, WE HAVE ARPA DOLLARS THAT WE NEED TO SPEND AS WELL.

AND SO THAT'S WHERE PART OF THE AMBULANCE IS GOING TO COME FROM IS FROM THE ARPA FUNDING.

YEP, I'M THINKING REPLACEMENT, JUST JUST CONSIDERING REPLACEMENT, HOWEVER LONG OUR OUR LIFE SPAN IS OF OF AN AMBULANCE.

SO I JUST WANTED TO CONSIDER THAT YES, MA'AM, AND ESPECIALLY BECAUSE THEY'RE GOING TO ALL BE BOUGHT AT THE SAME TIME.

IT'S NOT LIKE WE'RE PHASING THEM IN, SO THEY'LL ALL HAVE ABOUT THE SAME MILEAGE.

SO THAT'S A VERY GOOD POINT OF IS IT? SOMETHING TO THINK ABOUT TO LEAVE SOME TO ENSURE THAT IS SEVENTY THOUSAND A YEAR GOING TO COVER IN THE EVENT THAT TWO OF THEM GO OUT IN THE SAME YEAR.

WELL, ONE OF THE UNITS CAN BE A RESERVE UNIT, SO THE OTHER THREE WOULD BE THE PRIMARY UNITS IN SERVICE.

WE THINK FIVE YEARS MAKES SENSE FOR THE REPLACEMENT SCHEDULE, BUT CERTAINLY THE MONEY IS AVAILABLE. HOWEVER YOU WANT TO SHOW IT.

IT'S EITHER IN THE GENERAL FUND OR IN THE REPLACEMENT FUND, SO YOU STILL HAVE IT AVAILABLE WHEN WE GO THROUGH THAT BUDGET PROCESS.

AND IF YOU WANT TO ALLOCATE SOME FOR THAT, WE COULD.

ANY OTHER QUESTIONS? IS EVERYBODY IN AGREEMENTS AND MOVING FORWARD WITH THIS?

[02:15:01]

THANK YOU. THAT MOVES US ON TO ITEM 8B, RECEIVE A REPORT, HOLD A DISCUSSION AND GIVE

[B. Receive a report, hold a discussion, and give staff direction regarding new skills features for the Chisenhall Fields hike and bike trails. (Staff Presenter: Jen Basham, Director Parks of Recreation)]

OK. GOOD EVENING.

TONIGHT, WE'RE BRINGING YOU GUYS THE CHISENHALL HIKE AND BIKE TRAILS GOING TO START WITH SOME BACKGROUND REAL QUICK.

ABOUT A YEAR AGO, WE BROUGHT FORTH SOME AMENITIES FOR THE HIKE AND BIKE TRAILS.

WE HAD SOME ADDITIONS IN THE PAST THAT WE WEREN'T SURE WHAT PROCESS TO MOVE FORWARD WITH.

AND SO WE BROUGHT THAT TO PARKS BOARD AND WE BROUGHT THAT TO COUNCIL.

AND IT WAS DECIDED AT THAT TIME THAT ANY TIME WE ADD AMENITIES OUT ON THE HIKE AND BIKE TRAILS THAT A VOLUNTEER GROUP IS GOING TO BE ADDING THAT WE WILL BRING THOSE FORWARD TO PARK BOARD AND TO COUNCIL FOR REVIEW.

SO THE GROUP THAT'S LOOKING AT DOING THIS IS THE BURLESON MTB RIDERS, THEY WERE FOUNDED BACK IN 2019.

THEY HAVE OVER A THOUSAND MEMBERS.

EIGHTY FIVE PERCENT ACTIVELY ENGAGED IN THE GROUP.

THEY HAVE A REALLY, REALLY STRONG CORE FOLLOWING AND THEY'RE REALLY VESTED IN OUR TRAIL LOOPS OUT THERE.

THEY ARE CURRENTLY HAVE A BEAUTIFICATION AGREEMENT WITH US, WHICH ESSENTIALLY MEANS THAT THEY HAVE AGREED TO DO IMPROVEMENTS OUT ON THE MOUNTAIN BIKE TRAILS TO ADD AMENITIES, TO DO CLEANINGS TO DO BRUSH CLEARINGS, TO DO MAINTENANCE SERVICES.

AND THEY'VE LOGGED OVER 600 HOURS IN 2020, WHICH RESULTS IN ABOUT $17,000 IN LABOR SERVICES THAT THE CITY DIDN'T NEED TO PROVIDE.

SO IT'S AWESOME.

THE CURRENT SITE SUMMARY, WE TEN MILES OF TRAILS, WE HAVE SEVEN TRAIL LOOPS THAT RANGE FROM BEGINNER TO EXPERT.

THEY ARE BIKE AND PEDESTRIAN FRIENDLY, THEIR SOFT SURFACE TRAILS, AND WE HAVE INSTALLED EMERGENCY TRAIL MARKERS.

THE PROPOSED AMENITIES THAT WE'RE LOOKING AT THIS EVENING ARE THE SIX THAT YOU SEE IN FRONT OF YOU. AND THIS IS WHERE THEY ARE IN RELATION TO THE TRAIL LOOPS.

THE FIRST ONE IS A LOG ROLL, WHICH IS A BOARDWALK FEATURE, WE'RE PROPOSING THIS BE ON THE KEEP ON TRUCKIN LOOP.

IT'S A REALLY EASY WAY FOR RIDERS TO NAVIGATE OVER NATURAL OBSTACLES.

THIS IS AN INTERMEDIATE THING, AND FOR EVERY AMENITY THAT I SHOW YOU THIS EVENING, THERE IS AN OPT OUT. SO THERE'S A BYPASS SO THAT IF YOU'RE WALKING ON THE TRAILS OR YOU'RE NOT COMFORTABLE WITH THIS, YOU CAN JUST GO AROUND IT.

THE SECOND ONE IS A WOOD BURN FEATURE, SAME LOOP, KEEP ON TRUCKIN, AND THEN THIS ONE JUST HELPS PEOPLE LEARN HOW TO GENERATE SPEED REQUIRED FOR CLIMBING OVER HILLS.

THIS IS A BEGINNER LEVEL AND AGAIN, IT HAS A OPT OUT.

THIS ONE IS AN OPTION.

THIS IS A DROP FEATURE.

IT'S THE ON KEEP ON TRUCKING.

IT'S BASICALLY USED IN CONJUNCTION WITH A NATURAL DOWNHILL SLOPE SO YOU CAN LEARN HOW TO DROP OFF OF SOMETHING.

THIS IS AN INTERMEDIATE LEVEL SKILL.

THE NEXT ONE IS A JUMP LINE, THE PICTURE TO THE RIGHT LOOKS LIKE CONCRETE, BUT THIS IS REALLY COMPACTED SAND, SO THERE WON'T BE ANY PERMANENT SURFACING OUT THERE.

THIS IS GOING ON THE WRECKED AND SOUTH TRAIL LOOP.

IT WILL BE UNDER FOUR FEET TALL AND THERE WILL BE AN OPT OUT FOR PEOPLE WHO DON'T LIKE TO DO IT, AND THIS PROVIDES PEOPLE A WAY TO CATCH AIR.

IT'S AN INTERMEDIATE LEVEL SKILL AND LIKE I SAID, THERE IS AN OPT OUT.

THEN THIS IS THE ANATOMY OF THE JUMPS, IF YOU WOULD LIKE ME TO GO THROUGH IT, I WOULD LOVE TO, BUT MARTIN IS HERE AND HE CAN.

YEAH, HE CAN PROBABLY SPEAK TO WAY BETTER THAN I CAN.

BUT THESE ARE THE DIFFERENT TYPES OF JUMPS THAT YOU CAN DO AND THE ANATOMY OF THEM AND WHY THEY EXIST THE WAY THAT THEY EXIST.

SOME ARE TO CATCH SPEED, SOME ARE TO GET HIGH, SOME ARE TO LEARN HOW TO DO DIFFERENT TRICKS, BUT JUST WANTED TO GIVE YOU GUYS THIS BACKGROUND.

THE TRUCK FEATURE IS ACTUALLY JUST A RAMP THAT GOES OVER A TRUCK THAT IS ACTUALLY EXISTING OUT ON THE TRAIL RIGHT NOW.

IT'S JUST FUN WAY TO USE WHAT'S ALREADY EXISTING OUT THERE.

IT'S AN INTERMEDIATE LEVEL SKILL.

AND THEN THIS IS A TABLETOP, WHICH IS ALSO GOING TO GO AND KEEP ON TRUCKING ITS RISE OVER WATER OR SHALLOW PONDING IN LOW AREAS, AND THIS IS A BEGINNER LEVEL SKILL.

WE HAVE CHECKED ALL THIS.

IT IS COMPLIANT WITH ALL OF OUR FLOODPLAIN PERMITTING.

THEY WILL BE ANCHORED IN CONCRETE IF APPROVED, AND THEY WILL BE MAINTAINED BY THE BURLESON MOUNTAIN BIKE RIDERS THROUGH THEIR BEAUTIFICATION AGREEMENT.

AND THIS WAS PRESENTED TO PARKS BOARD BACK IN DECEMBER, AND THEY UNANIMOUSLY SUPPORTED THESE IMPROVEMENTS. SO ANYBODY.

SO JUST QUICK QUESTIONS.

SURE. SO THEY INSTALL ALL OF THIS STUFF.

YES. AND WE JUST SAY, YAY.

SO WE REVIEW EVERYTHING.

THAT'S WHY IT STARTED COMING TO COUNCIL BECAUSE THERE WERE RANDOM ITEMS ADDED OUT THERE AND WE WEREN'T AWARE OF IT. AND SO WE WANTED TO MAKE SURE THAT THERE WAS A VETTING PROCESS. SO DAVID WORKS WITH MOUNTAIN BIKE GROUP TO ENSURE THAT WE'VE LOOKED AT ALL THE FLOODPLAIN MANAGEMENT STUFF THAT WE'VE LOOKED AT THE CONSTRUCTION OF THESE MATERIALS.

WE ARE OUT THERE ON THE DAYS THAT THEY DO THAT AND WE INSPECT THEM.

[02:20:02]

THEY RIDE THE BIKE TRAILS FREQUENTLY TO MAKE SURE THAT EVERYTHING'S UP TO SNUFF.

AND IF IT'S NOT, THEY WORK WITH THE MOUNTAIN BIKE GROUP TO MAKE SURE THAT IT GETS CORRECTED. AND IT DOESN'T COST US ANYTHING.

IT DOES NOT. WELL, WELL DONE TO YOU GUYS FOR I MEAN, I REALIZE YOU GUYS ARE THE ONES THAT USE IT. SO YOU GUYS DID REALLY GOOD IN PUTTING ALL THIS TOGETHER.

SO I THINK MORE POWER TO YOU JUST DON'T KILL YOURSELF OR BREAK YOUR NECK WHILE YOU'RE DOING IT.

ONE QUESTION. IT'S MORE TO MORE TO ALLEN.

SO FROM A LIABILITY STANDPOINT, THESE THINGS LOOK REALLY COOL.

BUT I THINK I THINK I WOULD DEFINITELY LIKE LIKE SHE JUST SAID I'D BREAK MY NECK OR WHO KNOWS, I'D WIND UP IN TRACTION IF I EVEN ATTEMPTED SOME OF THIS STUFF.

BENEFIT OF THE TEXAS TORT CLAIMS ACT, SPECIFICALLY IN THE TEXAS CIVIL PRACTICE AND REMEDIES CODE IN CHAPTER 101.

OUR LIABILITY IS CAPPED IN CERTAIN NUMBERS AND PROVIDING PARK AND RECREATION AMENITIES.

WE HAVE IMMUNITY FROM SUIT AS LONG AS THEY ARE PROPERLY DESIGNED, PROPERLY INSTALLED AND ARE PERIODICALLY MAINTAINED.

SO AND AND OUR PARKS AND REC PEOPLE WILL BE SURE THEY GO OVER THIS TRACK.

JEN WILL RIDE THE BIKES.

I WILL NOT DO THAT. [INAUDIBLE] THANK YOU, ALLEN.

I APPRECIATE THAT I LOVE WHAT YOU'RE DOING.

I JUST WANTED TO MAKE SURE I WAS LIKE, I'M GOING TO HURT MYSELF.

I GO OUT THERE. SO, SO NO, THAT'S YOUR CATEGORY.

CITY ATTORNEY STANDARD RULE OF THUMB IS WE DON'T LIKE SWIMMING POOLS EITHER.

THEY'RE DANGEROUS, BUT YEAH, ANYBODY ELSE? OK, MAYOR AND COUNCIL THAT BRINGS US TO ITEM 8C RECEIVER REPORT, HOLD A DISCUSSION AND

[C. Receive a report, hold a discussion, and provide staff direction regarding memberships for seniors at the Burleson Recreation Center. (Staff Presenter: Jen Basham, Director of Parks and Recreation)]

[INAUDIBLE] THIS IS WE HAD A QUESTION ARISE ABOUT, YOU KNOW, HOW MUCH DOES IT REALLY COST US TO HAVE SENIOR MEMBERSHIPS? COULD WE OFFER THIS FOR FREE? SO I'M JUST HERE THIS EVENING TO PRESENT SOME DATA AND SOME STAFF RECOMMENDATIONS.

SO THE OFFICIAL REQUEST WAS COULD WE REMOVE THE SENIOR MEMBERSHIP FEE AT THE BURLESON RECREATION CENTER? SO WE LOOKED AT CAN WE CONSIDER REDUCTION OR ELIMINATION OF THIS FEE? SO CURRENTLY, OUR SENIOR MEMBERSHIP STARTS AT SIXTY ONE.

THAT IS ABOUT FOURTEEN AND A HALF PERCENT OF OUR MEMBERS AT THE BRICK.

SO FIVE HUNDRED AND NINETY ONE OF OUR CURRENT THREE FIVE FIVE EIGHT.

SO IT'S A SUBSTANTIAL PERCENTAGE OF WHAT WE HAVE.

WE HAVE SOMETHING CALLED AN INSURANCE REIMBURSEMENT.

SO THERE'S THREE PROGRAMS THAT ALL BREAK DOWN IN A SECOND RENEW ACTIVE SILVER SNEAKERS, SILVER AND FIT.

ALL OF THESE PROGRAMS REIMBURSE US BASED ON THE VISITS, AND THEY'LL PAY ONE HUNDRED PERCENT OF THEIR MEMBERSHIP FEE.

SO THAT IS AN OPPORTUNITY FOR SENIORS TO JOIN THE BRICK AND BE ABLE TO WORK OUT AT NO COST. BUT SO BREAKDOWN OF THE REVENUE, A SENIOR MEMBER 61 TO 70 IS FOURTEEN FOUR A YEAR FOR 70 PLUS IS ALMOST NINE THOUSAND INCLUDED IN OUR FAMILY.

MEMBERSHIPS ARE ALSO MEMBERS WHO ARE 61+.

SO TO BREAK THOSE DOWN.

PART OF FAMILY MEMBERSHIPS THAT ARE 61 TO 70 OLD IS ALMOST FIFTEEN THOUSAND AND THEN 70+ IS NINE THOUSAND AS WELL.

THE INSURANCE RIGHT NOW WE BUILD TWENTY SEVEN THOUSAND APPROXIMATELY TWENTY SEVEN, SO TOTAL ANNUAL COST FOR SENIOR.

THIS IS THE REVENUE THAT WE GET IS SEVENTY FOUR FOUR THREE SEVEN FOUR.

FOR REVENUE LAST YEAR, AND THAT IS DOWN OVER A STANDARD YEAR, BUT THAT IS WHAT IT WAS IN 2021. SO THESE ARE THE INSURANCE POINTS THAT I WAS DISCUSSING, SO RENEW ACTIVE IS AVAILABLE AT NO ADDITIONAL COST TO THEIR INSURANCE PREMIUM.

IF THEY ASK FOR THIS BENEFIT ON THEIR INSURANCE PLAN, IT WOULD NOT COST THEM ANY ADDITIONAL DOLLARS AND IT'S PROVIDED BY UNITEDHEALTHCARE MEDICARE.

SILVER AND FIT IS A PRIVATELY OWNED FITNESS PROGRAM IT'S DESIGNED FOR SENIORS WHO ARE MEDICARE ELIGIBLE.

IT DOES OPERATE INDEPENDENTLY OF MEDICARE, BUT IT DOES ALLOW CERTAIN MEDICARE ADVANTAGE AND SOME MEDICARE SUPPLEMENT PLANS TO OFFER THIS AS A PLANNED BENEFIT AGAIN AT NO COST TO THE MEMBER. AND THEN SILVER SNEAKERS, WHICH IS PROBABLY THE ONE PEOPLE ARE MOST USED TO HEARING. IT'S A BENEFIT ONLY TO SENIORS ENROLLED IN CERTAIN MEDICARE ADVANTAGE PLANS, NOT ALL MEDICARE ADVANTAGE PLANS AND BASICALLY ALL THREE OF THESE.

IF YOU COMBINE THEM, WE COVER 90 PERCENT OF INSURANCE PLANS OFFER THIS AS A BENEFIT.

THE OTHER OFFERINGS OR OPPORTUNITIES THAT WE HAVE FOR SENIORS RIGHT NOW IS WE DO HAVE A SENIOR CENTER THAT OFFERS FITNESS PROGRAMS FOR FREE TO SENIORS OR FOR A REDUCED COST.

THE SCHOLARSHIP PROGRAM IS SOMETHING THAT WE DON'T NECESSARILY OVERTLY ADVERTISE, BUT

[02:25:04]

SO I KNOW SOME OF THE CONSERVATIVES WELL, WHAT IF THE INSURANCE PLAN DOESN'T COVER IT OR SOMETHING LIKE THAT? HOW CAN WE DO THAT? WE DO OFFER SCHOLARSHIPS TO MEMBERS OF THE COMMUNITY WHO ARE IN NEED.

AND THEN THE THIRD IS WHAT WE JUST DISCUSSED IS THAT INSURANCE REIMBURSEMENT.

SO THESE ARE THE CURRENT FEE STRUCTURES THAT WE HAVE IN PLACE.

SO WE BREAK IT DOWN BY RESIDENT NONRESIDENT.

AND THEN THERE ARE SOME DIFFERENT DISCOUNTS MILITARY OR VETERAN CORPORATE OR SCHOLARSHIP.

AND THEN YOU CAN PAY THREE DIFFERENT WAYS SO YOU CAN PAY FOR YOUR WHOLE MEMBERSHIP UPFRONT ANNUALLY.

YOU CAN PAY MONTHLY AUTO DRAFT, OR YOU CAN JUST PAY FOR ONE MONTH AT A TIME.

AND THE RATES ARE DIFFERENT BASED ON HOW YOU PAY AND WHAT MEMBERSHIP YOU QUALIFY FOR.

SO THESE ARE THE OPTIONS THAT WE'RE PRESENTING THIS EVENING TO OFFER MEMBERSHIPS FOR FREE TO SENIOR CITIZENS RIGHT NOW, WE WOULD STICK WITH THE 61+ PLUS, SO IT'S CURRENTLY OFFERED FOR FREE BY MULTIPLE INSURANCE PROGRAMS. IT IS FOURTEEN AND A HALF PERCENT OF OUR MEMBERSHIP.

WE COULD SPLIT THAT UP AND DO JUST 70+ FOR FREE, WHICH WOULD BE ABOUT THIRTY TWO THOUSAND DOLLARS ANNUALLY IN REVENUE THAT WE WOULD NEED TO COMPENSATE OR SUBSIDIZE.

WE COULD OFFER A REDUCTION IN FEE TO SENIOR CITIZENS.

SO THAT FEE SCHEDULE THAT YOU JUST SAW ON THE SLIDE BEFORE WE COULD REDUCE THAT BY 50 PERCENT, WHICH WOULD RESULT IN ABOUT THIRTY SEVEN THOUSAND DOLLARS IN REVENUE, THAT WE WOULD NEED TO FIND A WAY TO GENERATE OR SUBSIDIZE THROUGH OUR PARK PERFORMANCE FUND.

AND THEN THE THIRD OPTION IS JUST TO LEAVE THE CURRENT STRUCTURE IN PLACE AND MAKE SURE THAT THE SENIORS KNOW WHAT THEIR OPTIONS ARE.

MAKE SURE THAT THEY KNOW THAT THEIR INSURANCE COULD REIMBURSE THEM, THAT WE DO HAVE A SCHOLARSHIP PROGRAM AND THEN THAT WOULD LEAVE OUR CURRENT FEE STRUCTURE IN PLACE.

QUESTIONS, COMMENTS, FEEDBACK.

SINCE I'M THE ONE WHO BROUGHT IT UP, JEN, I ABSOLUTELY UNDERSTAND THE STRUCTURE I'VE ASKED. ONE THING, ONLY ONE THING 70+ I WOULD LIKE TO MAKE IT EXTREMELY EASY.

AS YOU SAY, CALL IT A SCHOLARSHIP PLAN.

THAT AGE GROUP, MANY, MANY OF THEM DON'T HAVE A LOT OF EXTRA MONEY AND WOULD LIKE JUST TO GO UP AND WALK INDOORS.

AS I'VE SAID BEFORE, AS FAR AS THE WEATHER, SO I'M ONLY ASKING YOU TO MAKE IT EXTREMELY EASY FOR THAT PLAN TO WORK, AND I WOULD LIKE FOR YOU TO ADVERTISE THAT, TO LET THEM KNOW THAT IT'S THERE FOR THEM, OK.

THAT AND THE REST OF IT IS FINE.

YES, SIR. I KNOW I'M I'M ACTUALLY MIXING TWO DIFFERENT DEPARTMENTS HERE, BUT I KNOW WE HAVE THIRTY ONE THOUSAND AS FAR AS WHAT'S GENERATED BY 70 AND UP.

I THINK IT'S GOING TO BE IMPORTANT, ESPECIALLY AS WE GET READY TO DO OUR OWN AMBULANCE SERVICE AND STUFF THAT WE MAKE SURE OUR SENIORS ARE HEALTHY AND THAT THEY'RE GETTING EXERCISE. I THINK THIS THIRTY ONE THOUSAND THAT WE'RE TALKING ABOUT OUT OF ONE FUND I KNOW WILL PROBABLY SHOW UP IN A DIFFERENT ONE.

IS WHAT I'M TRYING TO SAY, YOU KNOW, IF OUR IF OUR ELDERLY ARE OUT EXERCISE AND ARE KEEPING THIS SHAPE THING, WE'RE LESS LIKELY TO GET HURT.

THEY'RE GOING TO BE LESS LIKELY TO NEED THE FIRE DEPARTMENT'S AMBULANCE SERVICES.

SO I THINK FROM A BIG PICTURE CITY STANDPOINT, I THINK THIS MAKES SENSE.

TO OFFER IT FOR FREE OR TO OFFER A REDUCTION.

WELL, I THINK THE 70 AND UP, I THINK THEY OUGHT TO BE ABLE TO, YOU KNOW, IF THEY CAN'T GET THE INSURANCE, I WOULD LIKE TO SEE THE 70 UP, BE TOLD THAT, HEY, YOU KNOW WHAT? WE DO HAVE THE SCHOLARSHIP, BUT I THINK WE NEED TO EDUCATE THEM ON THAT.

IT'S MY THINKING.

YES, SIR. THE KEY IS IS HOW DO YOU GET THEM TO PUT IT ON YOUR INSURANCE IF YOU'RE THEY DON'T HAVE AN INCENTIVE TO GO, PUT IT ON THEIR INSURANCE AND THERE ARE SOME THINGS YOU HAVE TO DO TO GET IT.

GET IT DONE. I DON'T KNOW HOW I KNOW THAT.

BUT ANYWAY, THERE'S A FEW THINGS YOU NEED TO GET IT DONE TO GET IT ON THE INSURANCE.

WHAT IF THEY'RE GETTING IT FOR FREE WHY DO THAT? THAT'S THE ONLY ISSUE I GOT.

I'M FOR IT, BUT WE DON'T.

IF THEY CAN GET THE INSURANCE ON IT, WE NEED THE MONEY.

WELL, IT SOUNDS LIKE WHAT WE'RE SAYING IS IF THEY DON'T QUALIFY THROUGH AN INSURANCE PLAN, WE'D LIKE TO MAKE SURE THAT THEY'RE AWARE THAT WE HAVE A SCHOLARSHIP PROGRAM IN PLACE WHERE THEY COULD COME FOR FREE.

THAT TO ME, I THINK IT'S A DUAL THING.

IT'S AN EDUCATING THEM ON THAT THE INSURANCE IS MORE THAN LIKELY AVAILABLE IN THE MAJORITY OF THEIR PLANS.

BUT IF THEY DON'T HAVE ACCESS TO THAT, OR IT WOULD COST THEM ADDITIONAL FUNDS TO DO THAT, THEN YEAH, I WOULD GIVE THEM SCHOLARSHIPS.

BUT TO GIVE EVERYONE OVER 70 A SCHOLARSHIP WHEN THEY COULD GET REIMBURSED, WE COULD GET THE REIMBURSEMENT FROM THEIR INSURANCE.

I THINK THAT KIND OF, YOU KNOW, SHOOTS US IN THE FOOT A LITTLE BIT.

SO IF WE'RE ALREADY IF IT'S ALREADY NOT COSTING THEM MONEY, WHY WOULD WE GIVE AWAY THAT MONEY IF WE'RE GETTING REIMBURSED FOR IT, BUT IF THEY DON'T HAVE ACCESS TO IT SO YEAH, I WOULD SAY IF I CALL UP AND I'M A SENIOR AND I SAY I'M CALLING TO FIND OUT WHAT YOUR RATES ARE, THE THING I WOULD LIKE IS TO MAKE SURE THAT YOUR STAFF IS INFORMED TO THROAT, TO MAKE SURE THEY SAY SCHOLARSHIP.

[02:30:02]

BUT NO, THAT'S ABSOLUTELY FINE.

WE COMPLETELY AGREE.

ALSO, JUST I DON'T KNOW HOW MUCH IT'S BEEN MARKETED.

LIKE HUGUELY MARKETS, THEIR SILVER SNEAKERS PROGRAM A LOT.

IT'S IN THEIR MAILERS.

IT'S IN THEIR LIKE ADVERTISING FOR CLASSES WHEN YOU WALK IN THEIR FITNESS CENTER.

AND SO I DON'T KNOW HOW MUCH WE'RE UTILIZING THE EDUCATIONAL PIECE FIRST OF HOW MANY TRULY KNOW ABOUT IT.

YOU KNOW, MY DAD GETS IT AND HE'S LIKE, WHAT IN THE WORLD IS SILVER SNEAKERS? YOU GET TO WORK OUT FOR FREE, JUST GO WALK THE LAPS.

IF NOTHING ELSE, ENJOY A PADDED SURFACE TO WALK AROUND ON.

AND SO I THINK EDUCATION OF WHAT'S AVAILABLE TO THEM WILL BE ABSOLUTELY PEACE.

I DON'T KNOW WHAT OUR MARKETING.

EMAILED YOU ALL NOT TOO LONG AGO TALKING ABOUT.

LIKE, I FEEL LIKE I NEED TO HAVE ALL THESE IDEAS BOUNCING ABOUT, MARKETING THE BRICK AND ENSURING THAT PEOPLE KNOW ABOUT WHAT'S OFFERED THERE AND HOW YOU CAN ACCESS IT.

AND THAT'S A BIG ACCESS OPPORTUNITY.

AND THAT'S SOMETHING INTERNALLY THAT WE'VE BEEN DISCUSSING IS HOW DO WE MARKET WHEN WE HAVE SO MUCH THAT WE PROGRAM IN SO MUCH THAT WE DO THAT SOMETIMES IT GETS LOST.

EVEN IF IT'S ON AN EIGHTH OF A PAGE OF A MINI BROCHURE, THEY MAY NOT SEE IT.

IT'S REALLY ABOUT THE GRASSROOTS VERSION.

IT'S ABOUT PEOPLE THAT CALL UNDERSTANDING.

IT'S OUR FRONT DESK STAFF UNDERSTANDING SO THAT WHEN PEOPLE ENGAGE THAT THEY KNOW THAT'S WHAT THEIR OPTIONS ARE.

PERFECT. I'M SORRY, MY MIC WENT OUT, WHICH, YOU KNOW, YOU KNOW, I THANK YOU FOR DOING THAT. SO JUST TO MAKE SURE I'M CLEAR THAT THE DIRECTION IS TO LEAVE THE CURRENT STRUCTURE IN PLACE, BUT THEN MARKET IT MORE FULLY.

ALL RIGHT. ALL RIGHT. THANK YOU.

I BELIEVE WE MARKETED JUST LIKE SHE SAID.

WE MARKET IT. MAYBE WE USE THE SENIOR CENTER AND AND GO DOWN AND HELP THE PEOPLE UNDERSTAND WHAT THE WHAT THE SILVER CITY SILVER SNEAKER PROGRAM IS.

I MEAN, THANK YOU.

ABSOLUTELY. OK MAYOR AND COUNCIL THAT BRINGS US TO SECTION 9 CITY COUNCIL REQUESTS FOR

[9. CITY COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS OR REPORTS]

JUST GO RIGHT TO LEFT THIS TIME VICTORIA YOU GOT ANYTHING? YEAH, JEN, WHILE YOU'RE HERE, SORRY, I HAVE FAMILY IN FROM OUT OF TOWN.

THEY WERE WALKING BAILEY LAKE AND KIND OF IN SOME OF THE PATHWAYS WITH THEIR DOG YESTERDAY OR TODAY.

AND THERE'S NO TRASH RECEPTACLES AND OR SIGNS AND OR BAGGIES FOR DOG EXCREMENT.

AND THERE WAS ENORMOUS AMOUNTS OF POO LEFT ALL OVER WALKWAYS.

AND SO WHAT WE WANT, WHAT I WOULD LIKE TO SUGGEST IS WE ADD SOME MORE RECEPTACLES AND SOME SIGNAGE THAT SAYS, PLEASE CLEAN UP AFTER YOUR DOG AND HERE'S SOME LITTLE POO BAGS FOR YOU AROUND THE BAILEY LAKE AREA.

IT WAS NOT ONLY ON THE CONCRETE, BUT IN THE ROCK WALKWAYS, PROBABLY BACKED BY THE DISC GOLF COURSE LIKE MASSIVE AMOUNTS OF IT.

SO JUST LOOK INTO THAT FOR ME.

THANK YOU, DAN.

I. I GOT NOTHING.

ACTUALLY, I'LL TAKE THAT WHEN ARE WE GOING TO TALK ABOUT THE LITTER CONTRACTS? DO WE KNOW WHEN THOSE ARE COMING BEFORE US? BECAUSE ALL THE WIND THAT WE'VE HAD RECENTLY, PARTICULARLY WHEN I GO PICK UP GROCERIES AT H-E-B. I SEE THINGS ALONG THE THE THE BAGS, THE TRASH, THE LITTER EVERYWHERE.

SO I DON'T KNOW WHEN WE'RE GOING TO LOOK AT THOSE CONTRACTS.

WE WANT TO BRING BACK A DISCUSSION TO THE COUNCIL ABOUT THE 4B FUNDS, WHAT'S ELIGIBLE FOR 4B FUNDS AND SOME OPTIONS THAT WE HAVE.

AND ONE OF THOSE WOULD BE THE LITTER CONTRACTS.

THAT WAS ONE OF THE THINGS WE'RE LOOKING AT IS IS IS IT AN ELIGIBLE EXPENSE IN 4B OR NOT? AND IT MAY NOT BE, BUT THERE MAY BE OTHER THINGS THAT ARE.

AND SO WE'D LIKE TO HAVE THAT DISCUSSION WITH YOU IN THE NEXT COUPLE OF MONTHS TO GET IT BACK IN FRONT OF YOU. OK, THAT'S IT, MAYOR AND COUNCIL THAT BRINGS US TO SECTION 10

[10. RECESS INTO EXECUTIVE SESSION Pursuant to Section 551.071, Texas Government Code, the Council reserves the right to convene in Executive Session(s), from time to time as deemed necessary during this meeting for any posted agenda item, to receive advice from its attorney as permitted by law. Pending or Contemplated Litigation or to Seek the Advice of the City Attorney Pursuant to Section 551.071 Land Use, Design Standards, and Density in the City's Transit Oriented Development District Code Violations, Flood Plain Issues, and other Legal Issues at 210 N Hurst Road in Burleson, Johnson County, Texas, and 18.4 acres of City-owned property near the intersection of Abner Lee Dr and Wildcat Way S in Burleson, Johnson and Tarrant Counties, Texas Facilities Use Agreement with Burleson Youth Association Discussion Regarding Possible Purchase, Exchange, Lease, or Value of Real Property Pursuant to Section 551.072 Discuss and Receive Direction Regarding Real Property Located at 124 NW Magnolia (124 SW Haskew), Burleson, Johnson County, Texas Discuss and Receive Direction Regarding 5.79 Acres of Real Property Located in the Highpoint Business Park, Burleson, Johnson County, Texas, near the intersection of Cirrus and Vantage Drive Discuss and receive direction of certain parcels of real property for municipal purposes where deliberation in open session would have a detrimental effect on the position of negotiations with third parties. Deliberation regarding a negotiated contract for a prospective gift or donation to the state or the governmental body Pursuant to Section 551.073 Personnel Matters Pursuant to Section 551.074 Deliberation regarding (1) the deployment, or specific occasions for implementation of security personnel or devices; or (2) a security audit Pursuant to Sec. 551.076 Deliberation Regarding Commercial or Financial Information Received from or the Offer of a Financial or Other Incentive made to a Business Prospect Seeking to Locate, Stay or Expand in or Near the Territory of the City and with which the City is conducting Economic Development Negotiations Pursuant to Section 551.087 Pursuant to Sec. 418.183(f), deliberation of information related to managing emergencies and disasters including those caused by terroristic acts (must be tape recorded)]

IS THERE A MOTION TO RECON TO CONVENE INTO EXECUTIVE SESSION? IS THERE A MOTION? I'LL MOVE. SECOND

[02:35:03]

YES [INAUDIBLE] OK, I GOT A MOTION BY DAN AND A SECOND BY TAMARA.

PLEASE VOTE. MOTION PASSES UNANIMOUS.

MAYOR, IF YOU COULD STATE THE TIME, WE'RE OUT OF SESSION AT 8:12.

YES. MAYOR, IF YOU COULD CALL FOR A MOTION TO RECONVENE INTO OPEN SESSION, PLEASE.

IS THERE A MOTION TO RECONVENE? SO MOVED, IS THERE A SECOND.

GOT A MOTION BY JIMMY AND A SECOND BY RICK, ALL IN FAVOR.

MOTION PASSES UNANIMOUS.

I'LL REOPEN AT 9:40.

MAYOR, WE HAVE GONE THROUGH THE AGENDA AND DISPOSED OF ALL THE ITEMS LISTED ON TONIGHT'S FOR ACTION, AND IF YOU COULD CALL FOR A MOTION OF ADJOURNMENT, PLEASE FIRST AND SECOND.

NO NEED TO VOTE AND ANNOUNCE THE TIME, PLEASE.

IS THERE A MOTION TO? MOVE TO ADJOURN. I GOT AHEAD OF ME.

I GOT A MOTION BY TAMARA AND A SECOND BY JIMMY, WE'RE OUT OF HERE AT 9:41.

THANK YOU, MAYOR, COUNCIL.

* This transcript was compiled from uncorrected Closed Captioning.