3.B. Items to be withdrawn from the Consent Agenda for separate discussion by the City Council, staff, or members of the public in attendance. Items to be added to the Consent Agenda require an official vote by the City Council.

[3.B. Items to be withdrawn from the Consent Agenda for separate discussion by the City Council, staff, or members of the public in attendance. Items to be added to the Consent Agenda require an official vote by the City Council.]

I DO HAVE A SPEAKER CARD ON ONE OF THE ITEMS ON CONSENT AGENDA THAT I'LL BE REMOVING WHEN WE GET TO THE CONSENT AGENDA.

I HAVE NO OTHER ITEMS THAT I KNOW OF.

UM, THAT WILL MOVE US ON TO SECTION FOUR CITIZENS APPEARANCE.

[4. CITIZENS APPEARANCES]

EACH PERSON IN ATTENDANCE WHO DESIRES TO SPEAK TO THE CITY COUNCIL ON AN ITEM NOT POSTED ON THE AGENDA, SHALL SPEAK DURING THIS SECTION.

A SPEAKER CARD MUST BE FILLED OUT AND TURNED INTO THE CITY SECRETARY PRIOR TO ADDRESSING THE CITY COUNCIL.

EACH SPEAKER WILL BE ALLOWED THREE MINUTES.

EACH PERSON IN ATTENDANCE WHO DESIRES TO SPEAK TO AN TO THE CITY COUNCIL ON AN ITEM POSTED ON THE AGENDA SHALL SPEAK WHEN THAT ITEM IS CALLED FORWARD FOR CONSIDERATION.

AT THIS TIME, I DO HAVE ONE SPEAKER CARD FOR CITIZENS APPEARANCE BILL JANISCH.

BILL JAMES 117 NORTHEAST CLINTON.

[00:20:01]

I TOPPED UP A SPEECH AND THEN I WENT BACK THROUGH AND REREAD IT.

IT SOUNDED A LITTLE BIT NOT REALLY HOSTILE, A LITTLE BIT TOO MUCH TO THE POINT.

UH, I JUST WANT TO MENTION A LITTLE BIT ABOUT DISABILITIES.

UM, A LOT OF YOU KNOW ME FOR A LOT OF DIFFERENT REASONS.

UH, ONE THING MOST WILL SAY THAT I'M NOT AFRAID TO STAND UP FOR SOMEBODY ELSE.

I'VE STOOD UP FOR A PEOPLE IN MY PAST.

I REMEMBER WHEN I WAS A FRESHMAN, SEEN A KID THAT WAS A DOWN SYNDROME BULLY, AND MARQUIS SPIT A LOOGIE ON A CHIP, FED IT TO HIM.

I HAD ENOUGH.

I WENT OVER THERE AND CONFRONTED THE GROUP, GOT MY ASS KICKED.

IF IT WASN'T FOR TWO GIRLS IN A CLASS THAT WENT GOT A TEACHER, YOU KNOW, IT'D PROBABLY GOTTEN A LOT WORSE.

UM, THAT CROWD WAS REMOVED FROM THE GROUP.

STUFF LIKE THAT DIDN'T EVEN HAPPEN.

BUT A LOT OF THESE KIDS WITH DISABILITIES, GROWN UPS, IF YOU GOT A LIMP, PEOPLE ARE GOING TO LOOK AT YOU.

THEY'RE GOING TO GAWK. THEY'RE GOING TO TALK ABOUT YOU.

AND, UH. TAKES ME TO, UH, TRYING TO FIGURE OUT.

I'VE ASKED PEOPLE HOW MANY, WHAT DO THEY THINK THE PERCENTAGE OF PEOPLE WITH DISABILITIES ARE IN OUR CITY? I WILL SAY TWO, 3%.

SOME SAY FIVE.

THE AVERAGE POPULATION IS PROBABLY CLOSER TO 20.

THAT COULD BE ANYTHING FROM A PHYSICAL, MENTAL, EMOTIONAL, YOU KNOW, ISSUE.

IT COULD BE FROM A SURGERY, IT COULD BE FROM, YOU KNOW, EXTRA WEIGHT.

IT COULD BE FROM, YOU KNOW, OLD AGE.

UM. PARKS I LOOK THROUGH.

THAT'S WHY I CHANGED MY MIND.

I LOOKED THROUGH THERE'S A COUPLE PARKS ISSUES COMING UP.

I LOOKED AT SOME OF THE DRAWINGS AND, YOU KNOW, I COULD BE BLIND.

MY EYESIGHT IS NOT THE BEST, BUT I DIDN'T REALLY SEE ANYTHING.

AMENITIES FOR FOR THE DISABLED OR SOMETHING.

I'M GOING TO BE MEETING WITH JEN AND ERIC NEXT WEEK, AND, UH, AND I KNOW THAT THEY'VE BEEN THEY'VE, THEY'VE BEEN COMING ALONG, BUT IT TAKES ME BACK TO 1975 TO A MAN NAMED MR. KENDRICK LIVED HERE IN TOWN.

HIS SON WAS A YEAR YOUNGER THAN ME, AND HIS DAUGHTER WAS THREE YEARS YOUNGER.

UH, AND WITHIN, UH, I THINK IT WAS A CAR WRECK.

HE WAS IN A WHEELCHAIR, CONFINED TO A WHEELCHAIR.

HE STARTED OUT ON A ONE MAN CAMPAIGN.

HE SEEN OTHERS THAT WERE GETTING CRAPPED ON.

UH, YOU KNOW, HAVING TO TRY AND FIGURE OUT HOW TO MANAGE TO GET AROUND, GET UP AND OVER CURBS.

FIRST PLACE HE ATTACKED WAS CITY HALL HERE, RIGHT OUTSIDE THESE DOORS.

THAT'S WHERE THE OLD CITY HALL WAS.

POLICE DEPARTMENTS RIGHT ON THIS SIDE.

THEY DIDN'T HAVE A HANDICAP RAMP.

HE GOT THAT PUT IN PRETTY QUICK.

AFTER THAT, HE WENT TO THE BURLESON STAR, WENT AROUND IN HIS VAN, PULLED UP TO EVERY BUSINESS LOCATION.

IF HE COULDN'T GET UP OVER THE CURB, HE ASKED THEM POLITELY TO.

IT PROBABLY DIDN'T COST MORE THAN 50 TO $100 BACK THEN TO DO SOMETHING IF THEY DIDN'T.

BURLESON STAR DID AN ARTICLE FOR HIM.

I REMEMBER BARTLETT PARK.

BOTH HIS KIDS ONE PLAYED SOFTBALL, ONE PLAYED BASEBALL.

THEY HAD A BIG GRAVEL.

IF HE DIDN'T GET THE EARLY.

THEN HE CAN'T SEE THE KIDS.

HE KNEW THEY HAD TO TRY AND ROLL AROUND, WHICH HE COULDN'T.

SO HE RELUCTANTLY.

HE DIDN'T WANT TO ASK. SO HE WOULD SIT THERE FROM AFAR AND STARE THROUGH CAR WINDOWS AND STUFF LIKE THAT, TRYING TO WATCH HIS KIDS PLAY BASEBALL.

I SEE STUFF AROUND SOMETIMES WHEN YOU GUYS MAKE DECISIONS, SOMETIMES AN OUTSIDE EYE OR SOMEBODY MAY HAVE A LITTLE BIT BETTER IDEA ON THIS PARKING THAT WE DO FOR HANDICAP.

THERE'S NO ACCESSIBLE PARKING.

SO IF YOU'RE DRIVING AND YOU'RE IN A WHEELCHAIR, YOU GO TO GET OUT.

THERE'S A CAR THERE. YOU CAN'T GO NOWHERE.

IF YOU'RE TRYING TO HELP YOUR MOM OR DAD OR SOMETHING, GET IN.

YOU CAN'T GET IN BECAUSE CARS PARKED TOO CLOSE TO YOU.

WE NEED MORE HANDICAP VANS STYLE PARKING.

THE SENIOR CITIZEN CENTER IS MENTIONED A MINUTE AGO.

THEY'VE BEEN ASKING FOR A HANDICAPPED RAMP IN THE FRONT.

I DON'T KNOW IF YOU GUYS ARE PARKED IN THE BACK, BUT IT'S.

YOU KNOW, THEY ALWAYS SAY OLD PEOPLE CAN'T DRIVE.

I MEAN, THERE'S A LOT OF YOUNG PEOPLE THAT CAN'T EITHER, BUT IT'S HARD TO MANAGE IN THERE.

TO GET BACK TO THAT THING.

I THINK WE NEED TO SPEND A FEW MINUTES ONE DAY AND MAKE THAT HAPPEN.

PARKS. SO THAT'S MY MAIN ISSUE.

WE GOT A LOT OF PEOPLE.

I GOT SOME GOOD FRIENDS, KIDS WITH DISABILITIES.

THEY QUIT GOING TO OUR PARKS.

I MEAN, THEY'RE NOT. IT'S LIKE THEY'RE NOT WELCOME.

IT'S ALMOST LIKE THEY'RE SHOVED ASIDE.

DAN, I MEAN, HIGH PRAISES TO YOU.

I MEAN, EVERY TIME I TALK TO PEOPLE, THEY SAY, I'VE SEEN DAN AND HIS WIFE AND HER SON.

I MEAN, YOU'VE GOT IT PEGGED, BUT YOU KNOW WHAT IT'S LIKE.

AND, RONNIE, A LOT OF PEOPLE DON'T REALIZE THAT WHEN YOU'RE ON SCHOOL BOARD, I THINK YOU'RE THE PRESIDENT OF THE SCHOOL BOARD.

THEN WHEN THEY FIRST STARTED PROGRAMS TRYING TO HELP THESE KIDS WITH DISABILITIES, I DON'T THINK Y'ALL HAD MUCH OF A PROGRAM GOING ON, AND IT WAS BROUGHT TO YOUR ATTENTION.

YOU MADE IT HAPPEN.

THE MONEY PROBABLY WASN'T THERE.

THESE KIDS NEEDED SOMETHING.

Y'ALL MADE IT HAPPEN. YOU DIDN'T KNOW HOW BIG A DEBT YOU ARE GOING TO GO INTO ON IT.

AND IT'S COME A LONG WAYS.

I MEAN, I REMEMBER WHEN IT STARTED.

WE NEED STUFF LIKE THAT, WHETHER IT'S PARKS OR STAFF OR YOU GUYS OR PEOPLE MAKING SUGGESTIONS.

Y'ALL REALLY NEED TO LISTEN TO SOME OF THESE PEOPLE.

YOU NEED TO INVITE THESE ONES WITH DISABILITIES OR FAMILIES AND STUFF TO THESE MEETINGS.

[00:25:03]

GET THEIR INPUT.

UM, I'D LIKE TO SEE MAYBE 20% OF THE AMENITIES, THE BUDGET WORK TOWARDS THOSE THINGS.

20% IS NOT MUCH FOR ALL INCLUSIVE STUFF.

UM, LIKE I SAID, I CAN GET LOUD AND I CAN SHOW FORCE BY MYSELF.

I DO LIKE MR. KENDRICK IF NEEDED, BUT I DO NOT WANT TO BRING PEOPLE UP HERE, YOU KNOW, FOR THEM TO SPEAK ON THEIR OWN, I THINK I CAN SPEAK ON THEIR BEHALF.

IF NOT, I KNOW PROBABLY 30, 40 PEOPLE HAPPY TO ROLL IN OR WALK IN OR LIMP IN.

THEY'D TELL YOU THEIR STORIES.

BUT I APPRECIATE Y'ALL'S TIME.

I'D LIKE YOU TO SEE DO A LOT MORE IN ANY PROGRAMS THAT WE HAVE COMING UP.

I'D LIKE YOU TO SEE THE PURCHASES BEING HELD OFF, JUST FOR A LITTLE BIT, UNTIL WE CAN GET THEM A REBUILD.

THANKS. I HAVE NO OTHER SPEAKERS FOR CITIZENS APPEARANCE AT THIS TIME.

MAYOR AND COUNCIL.

UH, PRIOR TO GOING INTO PRIOR TO ADDRESSING THE CONSENT AGENDA, THERE IS A NEED TO CONVENE INTO EXECUTIVE SESSION.

[10. RECESS INTO EXECUTIVE SESSION (Part 1 of 2)]

SO IN ACCORDANCE WITH CHAPTER 5.51 OF THE TEXAS GOVERNMENT CODE, THE CITY COUNCIL WILL CONVENE INTO EXECUTIVE SESSION IN THE CITY COUNCIL WORK ROOM AND CITY HALL TO CONDUCT TO CONDUCT A CLOSED MEETING.

THIS IS PURSUANT TO SECTION 551.071.

MAYOR, IF YOU COULD ASK FOR A VOTE, PLEASE.

IS THERE A MOTION TO CONVENE? SO MOVE. SECOND.

I GOT A MOTION BY ADAM.

A SECOND BY VICTORIA.

PLEASE VOTE. PASSAGE.

UNANIMOUS. WE'RE GOING INTO SESSION AT 556.

PASSES UNANIMOUS. WE'RE BACK IN SESSION AT 628.

THANK YOU, MAYOR AND COUNCIL.

THAT BRINGS US TO SECTION FIVE CONSENT AGENDA.

[5. CONSENT AGENDA]

AT THIS TIME, I WILL REMOVE ITEM FIVE I FROM THE CONSENT AGENDA FOR SEPARATE DISCUSSION.

THERE IS A SPEAKER CARD ON THIS ITEM.

ALL OTHER ITEMS WILL REMAIN ON THE CONSENT AGENDA.

SO ALL ITEMS LISTED ON THE CONSENT AGENDA EXCEPT FOR FIVE.

I ARE CONSIDERED TO BE ROUTINE BY THE CITY COUNCIL AND 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.

IS THERE A MOTION ON THE CONSENT AGENDA? MR. PRESIDENT. SECOND.

PLEASE VOTE. PASSES.

UNANIMOUS. MAYOR AND COUNCIL AT THIS TIME.

[5.I. ETJ Release Petition for 6608 Sundance Circle (Case 23-401): Consider denial of a petition for release from the City of Burleson extraterritorial jurisdiction (ETJ) for approximately 7.254 acres of land addressed as 6608 Sundance Circle. (Staff Contact: Tony McIlwain, Development Services Director) (No Planning and Zoning Commission action was required for this item)]

I'LL CALL FORWARD.

ITEM FIVE I ETJ RELEASE PETITION FOR 6608 SUNDANCE CIRCLE.

THIS IS CASE 20 3-401.

THIS IS CONSIDERED DENIAL OF A PETITION FOR THE RELEASE OF THE CITY OF BURLESON EXTRATERRITORIAL JURISDICTION FOR APPROXIMATELY 7.25 ACRES OF LAND, ADDRESSED AS 6608 SUNDANCE CIRCLE.

THE STAFF PRESENTER IS TONY MCELWAIN, DIRECTOR OF DEVELOPMENT SERVICES.

AT THIS TIME, I WILL CALL FORWARD SPEAKER DAVID MCCLURE.

THANK YOU, HONORABLE MAYOR AND COUNCIL.

MY NAME IS DAVID MCCLURE AND I RESIDE AT 6608 SUNDANCE CIRCLE IN JOSHUA.

I HAVE AN APPLICATION BEFORE YOU REQUESTING MY HOME AND PROPERTY BE RELEASED FROM YOUR ETJ.

IT IS MY UNDERSTANDING THAT PLANNING AND ZONING IS GOING TO ADVISE THE COUNCIL TO REJECT MY REQUEST, EVEN THOUGH SEVERAL REQUESTS WERE APPROVED PREVIOUSLY, I UNDERSTAND THAT THE PURPOSE OF THE ETJ WAS TO PROTECT THE CITY FROM UNWANTED DEVELOPMENT ON ITS BORDERS THAT MIGHT HARM ITS CITIZENS OR DAMAGE ITS VALUE.

MY HOME IS IN A RESIDENTIAL AREA THAT IS RESTRICTED BY HOME SIZE, LOT SIZE, AND USAGE.

ONE CANNOT BUILD A LEAD SMELTER OR MOBILE HOME PARK ON MY PROPERTY.

I CANNOT SEE ANY ADVANTAGE FOR THE CITY OF BURLESON TO HAVE CONTROL OVER MY PROPERTY THROUGH THEIR ETJ.

I HUMBLY ASK THE COUNCIL TO ACCEPT MY REQUEST AND APPROVE REMOVING ME FROM YOUR ETJ.

AND I PROMISE TO CONTINUE TO BEING A GOOD NEIGHBOR.

THANK YOU. MAYOR COUNCIL.

I HAVE NOTHING ELSE TO ADD.

IF YOU HAVE QUESTIONS, I CAN ANSWER THOSE.

I'M GOING TO SPEAK OUT HERE JUST A LITTLE BIT.

AND, DAVID, I UNDERSTAND YOUR POSITION.

UH, THE STATE HAS PUT US IN A BAD SPOT.

IT REALLY IS.

WE'RE NOT GOING TO HAVE CONTROL OVER YOU.

WE'RE NOT GOING TO CHANGE ANYTHING THAT'S GOING ON.

THE FACT IS, WE GOT TO WAIT AND SEE WHAT THEY DO IN AUSTIN.

[00:30:01]

AND I APOLOGIZE FOR THIS.

I HOPE PEOPLE UNDERSTAND WE'RE NOT TRYING TO BE HOSTILE TO ANYBODY.

WE'RE JUST TRYING TO PROTECT THE CITY.

SO PLEASE BEAR WITH US.

OKAY. THANK YOU FOR COMING UP.

THANK YOU. ARE WE READY FOR A VOTE FOR FIVE? AYE. CAN I HAVE A MOTION? I SECOND THE MOTION.

YOU HAVE A MOTION BY DAN AND A SECOND BY ADAM.

PLEASE VOTE. JUST JUST FOR CLARITY.

IF EVERYBODY IN THE AUDIENCE AND THE MAYOR, THE APPROVAL IS APPROVAL OF DENIAL, NOT APPROVAL OF THE RELEASE.

I APPROVE THE ITEM TO DENY THE PETITION.

YES, THAT IS MY MOTION.

PLEASE VOTE. PASSES UNANIMOUS.

THANK YOU, MAYOR AND COUNCIL.

THAT BRINGS US TO SECTION SIX DEVELOPMENT APPLICATIONS.

SIX A IS LUMBER YARD AT 137 SOUTH WILSON STREET.

[6.A. Lumberyard at 137 S. Wilson Street (Case 23-289): Consider approval of a resolution for a waiver to Article III, Landscape Standards, relating to artificial turf. (Staff Presenter: Tony McIlwain, Development Services Director)]

THIS IS CASE 20 3-289.

THIS IS TO CONSIDER APPROVAL OF A RESOLUTION FOR A WAIVER TO ARTICLE THREE LANDSCAPE STANDARDS RELATED TO ARTIFICIAL TURF.

THE STAFF PRESENTER IS TONY MCELWAIN, DEVELOPMENT SERVICES DIRECTOR.

MISTER MCELWAIN.

THANK YOU. THANK YOU, MISS COMPOST.

AS MENTIONED, MAYOR AND COUNCIL, THIS IS A WAIVER TO THE CITY'S LANDSCAPING REQUIREMENTS.

UH, DEREK SCHILLER IS THE APPLICANT AND THE PROPERTY IS LOCATED AT 137 SOUTH WILSON STREET.

AND IT'S A WAIVER TO SECTION 20 3-289 OF OUR CODE OF ORDINANCES.

THAT BLUE POLYGON IS THE LOCATION OF THE PROPERTY THAT WE'RE DISCUSSING.

JUST BY WAY OF BACKGROUND, THIS IS THE OLD MOONTOWER PIZZA SITE THAT MR. SCHILLER HAS REMODELED IS IN THE PROCESS OF REMODELING.

UM, THE PROPOSED USES FOR A NEW RESTAURANT CALLED THE LUMBER YARD.

THIS, UH, THESE DEPICTIONS SHOW WHAT CONCEPTUALLY, THE PROPERTY IS GOING TO LOOK LIKE AT FULL DEVELOPMENT WITH A, UH, DEVELOPMENT STANDARD THAT, UH, SPEAKS TO THE NAME THAT REINFORCES THE NAME OF THE DEVELOPMENT AND THE THE PROPOSED, UH, LANDSCAPE WAIVER IS FOR THAT AREA THAT WE HAVE, AGAIN, SHOWN IN THE POLYGON TO THE RIGHT OF YOUR SCREEN.

THERE'S AN EXISTING OUTDOOR PATIO AREA, AND THIS IS ABOUT A 10TH OF AN ACRE THAT WE'RE TALKING ABOUT.

MR. SHEILA WOULD LIKE THIS AREA TO BE TRANSITIONED FROM CRUSHED GRAVEL TO REPLACE WITH ARTIFICIAL TURF.

UH, OUR WAIVER SUMMARY FOR SECTION 28, DASH 86, DASH ONE 103, UH, BASICALLY SAYS THAT, UH, ARTIFICIAL PLANTS OR ARTIFICIAL TURF ARE EXPRESSLY PROHIBITED.

UH, THE JUSTIFICATION FOR THE WAIVER, UH, IS THAT HE FEELS THAT THE GRANITE WILL TRACK A LOT OF DIRT.

IT'S GOING TO BE A MAINTENANCE ISSUE, ONGOING MAINTENANCE ISSUE.

AND HE WANTS TO REPLICATE THE OUTDOOR ENTERTAINMENT ESTHETIC OF THE PLAZA, WHICH IS RIGHT OUTSIDE OF THIS BUILDING.

UH, THERE WERE NO QUESTIONS RAISED BY THE COMMISSION WHEN WE PRESENTED THIS ITEM.

AND, UH, THERE WERE NO SPEAKERS AT THE MEETING FROM THE PUBLIC.

STAFF IS IN SUPPORT OF A RESOLUTION FOR THE LANDSCAPE WAIVER.

IN ADDITION TO SUBMITTING THE PAPERWORK, MR. SHEILA ALSO UNDERTOOK A DRAINAGE ANALYSIS THAT WAS SUBMITTED TO THE PUBLIC WORKS ENGINEERING STAFF AND A DETERMINATION WAS MADE BY STAFF THAT NO ADDITIONAL THAT THE ADDITIONAL RUNOFF WOULD NOT CAUSE ANY ADVERSE EFFECT OFF SITE OR DOWNSTREAM.

AND WITH THAT COUNCIL, I'LL ENTERTAIN ANY QUESTIONS YOU HAVE, IF YOU HAVE ANY.

I DON'T SEE A PROBLEM WITH THIS.

I MEAN, WE GOT IT ON THE PLAZA AND WE LOVE IT, AND IT LOOKS GREAT.

AND I THINK LOOKING AT THE PICTURE WE HAVE RIGHT HERE WOULD BE BETTER LOOKING THAN WHAT THAT IS.

ANYBODY ELSE? I LIKE THE PRODUCT.

I'VE GOT IT IN MY OWN BACKYARD.

IT'S A GREAT, GREAT LOOK.

YOU CAN'T SAY NO. IT'D BE A HYPOCRITE.

IS THERE A MOTION ON THIS? I DO HAVE A QUESTION ABOUT, LIKE, HOW OFTEN DO YOU HAVE TO, UM, LIKE, DOES IT HAVE TO BE CLEANED OR DOES IT REQUIRE ANY MAINTENANCE? DO YOU KNOW VERY LITTLE.

POWER WASH. DO YOU KNOW HOW I WONDER HOW OFTEN WE CLEAN? OURS REQUIRES, LIKE, SANITIZING.

WE HAD SANITIZE THE ATHLETIC STUFF EVERY.

ALL THE TIME. YOU EVER GOT SANITATION SET UP FOR IT? I ASKED JEN TO COME UP AND SPEAK TO OUR MAINTENANCE FOR THE PLAZA.

WE DO RINSE THAT ANY TIME THAT WE SEE ANY TYPE OF RESIDUE.

[00:35:01]

WE ALSO HAVE A MACHINE THAT WE RAKE OVER IT.

WE HAVE A MONTHLY MAINTENANCE CONTRACT FOR THE PLAZA CLARK PARK, AS WELL AS THE VETERANS PLAZA THAT THEY GO AROUND.

THEY RAKE IT, THEY REMOVE ANY DEBRIS, AND THEN IF THERE'S ANY AREAS THAT ARE SEEING A LOT OF WEAR AND TEAR, THEY'LL REPLACE THOSE AS WELL.

I PRESUME FIRST, PRIVATE BUSINESSES, THE EXACT SAME TYPE OF CONTRACTS ARE AVAILABLE.

I THINK THE RAIN DOES A PRETTY GOOD JOB OF.

PLACES. OTHER MYAH. I THINK IT'S GOING TO LOOK SHARP AND APPRECIATE THE THE IDEA OF IT.

IS THERE A VOTE? I'D LIKE TO MAKE A MOTION TO APPROVE SIX A AS PRESENTED.

I'LL SECOND. WE HAVE A MOTION BY LARRY AND A SECOND BY ADAM.

PLEASE VOTE. PASSES.

UNANIMOUS. LOOKS GOOD.

DEREK. THANK YOU, MAYOR AND COUNCIL.

THAT BRINGS US TO ITEM SIX B, THE BURLESON RETAIL SUMMER CREST AT 700 WILSHIRE BOULEVARD.

[6.B. Burleson Retail Summercrest at 700 Wilshire Blvd (Case 23-252): Hold a public hearing and consider approval of a resolution for a commercial site plan with a variance or waiver to Chapter 36, fencing and screening regulations, allowing for an alternative transitional screening material. (Staff Presenter: Tony McIlwain, Development Services Director)]

THIS IS CASE 20 3-252.

TONIGHT'S TO HOLD A PUBLIC HEARING AND CONSIDER APPROVAL OF A RESOLUTION FOR A COMMERCIAL SITE.

PLAN WITH THE VARIANCE OR WAIVER TO CHAPTER 36 FENCING AND SCREENING REGULATIONS ALLOWING FOR AN ALTERNATIVE TRANSITIONAL SCREENING MATERIAL.

THE STAFF PRESENTER THIS EVENING IS ONCE AGAIN TONY MCELWAIN, DEVELOPMENT SERVICES DIRECTOR.

MISTER MCELWAIN. THANK YOU MA'AM.

UH, MAYOR AND COUNCIL, THIS IS FOR A.

COMMERCIAL SITE PLAN AND FENCE VARIANTS.

THE LOCATION AT 700 SOUTHWEST WILSHIRE IS SHOWN ON THE MAP IS A LITTLE OVER 2.6 ACRES.

THE APPLICANT REPRESENTATIVE IS HERE TONIGHT, MISS ANNA CARRILLO, TO ANSWER ANY QUESTIONS THAT YOU MAY HAVE.

WHAT I'M SHOWING YOU RIGHT NOW IS THE SITE PLAN.

AND THEN WE HAVE A SUMMARY OF LOTS A AND B WITH THE PROPOSED BUILDING OF 3269FT².

THE HEIGHT LIMIT TO ONE STORY RIGHT NOW AT 26FT.

RESTAURANT DRIVE THROUGH USE.

AND THEN LOT B, YOU HAVE UH, UH, BUILDING OF 7002FT², ONE STORY AT 25FT AGAIN, A RESTAURANT USE THREE TENANT SPACES. UH, IN LOT B, THE VARIANCE THAT'S BEING REQUESTED THAT'S ASSOCIATED WITH THE SITE PLAN IS FOR SCREENING.

SO FOR THE CITY'S SCREENING REGULATIONS, TRANSITIONAL SCREENING SHALL BE REQUIRED WHEN NONRESIDENTIAL USES ABUT RESIDENTIAL USES.

THOSE OF YOU THAT ARE FAMILIAR WITH THIS AREA KNOW THAT WE HAVE SINGLE FAMILY HOMES LOCATED RIGHT ADJACENT TO THE SITE, AND WHAT OUR CODE PUSHES DEVELOPMENT DEVELOPERS TO DO IS TO MORE INTENSIVELY, UH, WHEN THEY HAVE THE MORE INTENSIVE USE THEY ARE TO SCREEN THEIR PROPERTY FROM THE LESS INTENSIVE USE.

SO THIS PROPERTY IS ZONED GENERAL RETAIL.

THE PROPERTY ADJACENT TO IT IS SF SEVEN.

SO THEY HAVE THE SCREENING, THE BURDEN OF THE SCREENING REQUIREMENT, UH, ON THE COMMERCIAL PROPERTY.

FOR THE VARIANCE SUMMARY.

OUR TRANSITIONING SCREENING REQUIREMENTS ARE ON THE SCREEN IN FRONT OF YOU, BUT WE REQUIRE SOLID MASONRY OR REINFORCED CONCRETE.

ALL OTHER DESIGNS AND MATERIALS WILL HAVE TO BE APPROVED BY THE DEVELOPMENT ASSISTANCE COMMITTEE, PROVIDED THE SCREENING MEETS INTENT OF THE SECTION.

SO DURING THE COURSE OF THAT MEETING WE CALL IT THE DAC MEETING.

THE STAFF HAD CONVERSATIONS WITH THE DEVELOPER AND OUT OF THOSE CONVERSATIONS, UM, THE DEVELOPER EXPRESSED INTENT TO PUT IN A WOOD TRANSITIONAL SCREENING DEVICE.

UH, THE PUBLIC WORKS DEPARTMENT, UH UH.

HAD NO ISSUE WITH THAT.

BUT THE PLANNING STAFF PREFERRED MASONRY, AND AT THAT POINT IN TIME, THE PUBLIC WORKS DEPARTMENT RECOMMENDED THAT IT IS A MASONRY SCREENING DEVICE, THAT IT SHOULD BE LOCATED OUT OF AN EASEMENT, AND THAT CAUSED SOME ISSUES FOR THE DEVELOPER BECAUSE IT WOULD LEAVE ESSENTIALLY A GAP THAT THEY WOULD BE RESPONSIBLE FOR THAT WASN'T ADJACENT TO THE SURROUNDING RESIDENTIAL PROPERTY OWNER.

SO IN THOSE INSTANCES, WHEN IT CAME TO MY ATTENTION, I ADVISED THE STAFF TO TAKE IT TO THE PLANNING AND ZONING COMMISSION TO GET SOME WEIGH IN AS TO WHAT THEY FELT COMFORTABLE WITH, KNOWING THAT THE ITEM WOULD COME TO YOU FOR A FINAL RESOLUTION.

WHAT'S BEING ASKED OF YOU TONIGHT IS TO MAKE A DETERMINATION AS TO WHETHER OR NOT YOU WOULD BE FINE WITH WOODEN TRANSITIONAL SCREENING VERSUS MASONRY, AND AT THE LOCATION WHERE THE DEVELOPER WOULD LIKE TO PLACE IT.

WHAT WE HAVE ON THE GRAPHIC IS AN EIGHT FENCE, EIGHT FOOT BOARD FENCE DETAIL.

EXCUSE ME, UM, THAT HAS SIX FOOT MAX SPACING BETWEEN COLUMNS WITH ONE INCH THICK SPACE.

UH, SPACE BOARDS.

UH, THE APPLICANT'S JUSTIFICATION FOR THE PROPOSED WOODEN FENCE WOULD BE AS LESS OBTRUSIVE THAN A MASONRY WALL, GIVEN THE PRESENCE OF AN EXISTING UTILITY EASEMENT AND

[00:40:08]

OVERHEAD ELECTRIC LINE, AND A WOODEN FENCE SATISFIES THE INTENT OF THE ORDINANCE BY PROVIDING ADEQUATE SCREENING FROM THE DEVELOPMENT TO THE CONSISTING OF THE RESIDENTIAL LOTS. THAT PICTURE THAT YOU SEE IS ONE THAT, UM, ONE OF THE SENIOR PLANNERS TOOK, UH, AT THAT MOMENT IN TIME, THAT SHOWS THE EXISTING WOODEN FENCE THAT RUNS BEHIND THE PROPERTIES.

YOU'LL SEE THAT, UH, AT THAT TIME, THERE WERE A NUMBER OF TREES THAT WERE GROWING UP THROUGH THE WOODEN FENCE.

UH, I THINK A LOT OF THAT HAS BEEN REMOVED.

THESE ARE OUR FENCING AND SCREENING CODE CRITERIA FOR VARIANCE APPROVAL, WHICH YOU ALL ARE FAMILIAR WITH THOSE.

IN OUR SITE CONFORMANCE TABLE THAT ADDRESSES HOW WE VIEWED THE COMMERCIAL SITE PLAN.

EVERYTHING COMPLIES FROM A LOT SIZE, COVERAGE AND SETBACK STANDPOINTS.

LANDSCAPING COMPLIES, PARKING COMPLIES.

SO YOU HAVE NO ISSUES WITH THOSE.

UH, DURING THE DUE TO THE PUBLIC NOTICE REQUIREMENTS, WE DID PROVIDE NOTICE TO THOSE INDIVIDUALS WITHIN 300FT OF THE SITE.

WE RECEIVED ONE LETTER OF INTEREST FROM A PROPERTY OWNER WITHIN 300FT.

UH, NOT EXPRESSING SUPPORT OR OPPOSITION, MORE OF AN INQUIRY AS TO WHAT WAS BEING DEVELOPED.

THE ITEM HAD TWO PLANNING AND ZONING COMMISSION MEETINGS.

DURING THE FIRST MEETING, THE COMMISSION ASKED THE APPLICANT TO GO BACK AND MAKE CONTACT WITH THE SURROUNDING PROPERTY OWNERS TO SEE IF THEY WOULD PROVIDE SOME CONSENT TO A WOODEN FENCE THAT WAS DONE AT THE SECOND MEETING.

THE DEVELOPER'S TEAM DID PROVIDE AN UPDATE ON THEIR EFFORTS TO THE PLANNING AND ZONING COMMISSION.

UH, BASED ON THAT, THE PLANNING AND ZONING COMMISSION RECOMMENDED APPROVAL FOR THE WOODEN FENCE AS REQUESTED BY THE APPLICANT.

UH, AS FAR AS SOME OF THE DISCUSSION POINTS, THE APPLICANT HAS NOT RECEIVED COMPLETE SUPPORT FROM THE BUDDING RESIDENTIAL PROPERTY OWNERS.

THREE OUT OF THE FIVE INDIVIDUALS DID RESPOND.

UH, THEY'RE PROPOSING AGAIN, A WOODEN FENCE TO BE CONSTRUCTED WITHIN AN EASEMENT, UM, OR FIVE FEET OUT OF IT.

THAT WAS THE DISCUSSION POINT THAT THE PLANNING AND ZONING COMMISSION UNDERTOOK, AND THEY ACKNOWLEDGED THAT PLACING IT WITHIN THE EASEMENT COULD PROVIDE SOME POTENTIAL MAINTENANCE IMPLICATIONS ON THE PART OF THE CITY TO GET IN AND DO ANY ROUTINE MAINTENANCE.

PLACING IT OUTSIDE THE EASEMENT PROVIDED SOME ISSUES THAT THE DEVELOPER DIDN'T FEEL COMFORTABLE WITH, BECAUSE IT WOULD ESSENTIALLY BLOCK OFF A PORTION OF THEIR PROPERTY AGAINST THE ADJACENT, UM, RESIDENTIAL OWNERS, AND THEY THOUGHT IT WOULD LEAD TO MAINTENANCE CONCERNS GOING FORWARD.

SO WE I WON'T READ ALL OF THOSE BECAUSE OBVIOUSLY YOU ALL CAN READ, BUT THOSE ARE SOME OF THE TOUCH POINTS THAT WERE DISCUSSED BY THE PLANNING AND ZONING COMMISSION.

I'LL GIVE YOU SOME TIME TO LOOK THROUGH THOSE, UH, PRESENT THAT NIGHT WERE MR. TONY FILI, WHO WAS A DEVELOPER, AND, OF COURSE, MR. CARDILLO, WHO IS HERE WITH US TONIGHT, UH, AS HIS ENGINEER.

AND SO BEFORE I ADVANCE THE SLIDE, I WANT TO MAKE SURE THAT YOU DON'T HAVE ANY QUESTIONS ABOUT WHAT WE HAVE AS FAR AS SOME OF THE DISCUSSION POINTS THERE.

I'VE GOT. GO AHEAD DAN.

I'VE GOT A FEW COMMENTS TO MAKE ON IT AS WE LOOK AT THIS ON THE PLAT, AND I'M FARTHER DOWN INTO THE PRESENTATION.

UM, THIS IS A UNIQUE, UNIQUE SITUATION WHERE THE SEWER LINE IS AT THE BACK LOT OF THE PROPERTY OWNER.

THERE'S ONLY EIGHT BLOCKS IN THE CITY OF BURLESON THAT HAVE SEWER BEHIND THE HOUSE, AND THOSE EIGHT BLOCKS ARE SET NEXT TO EACH OTHER.

AND THIS, THIS NEIGHBORHOOD, ALL THE REST.

99% OF THE CITY OF BURLESON IS IN THE STREET, COMES TO THE FRONT OF THE HOUSE.

SO IT'S A UNIQUE SITUATION TO START WITH.

AND THE PROPERTY OWNER BOUGHT THIS PROPERTY IN ORDER TO ENJOY THE PROPERTY AND MOVING THAT FENCE OUT EIGHT FOOT, WHICH IS REQUIRED BY ORDINANCE OR FIVE FOOT. THERE WOULD BE A MAINTENANCE ISSUE BEHIND THAT AND THAT FIVE FOOT AREA, AND THE OWNER WOULD NOT BE ABLE TO ENJOY THAT PROPERTY, AND IT WOULDN'T BE MAINTAINED, AND IT WOULD CREATE AN ISSUE AS FAR AS PLACING IT FIVE FEET AWAY.

THE WAY THE PLAT LOOKS, WE HAVE A FIRE LANE THAT RUNS RIGHT NEXT TO UM.

WHAT IS THAT? HAWAIIAN BROTHERS? AND THAT FIRE LINE CANNOT BE OBSTRUCTED.

IN ORDER TO DO THAT. HAWAIIAN BROTHERS BUILT A TWO LANE ENTRANCE INTO THEIR DRIVE THROUGH SO THAT THEY WOULD NOT BACK INTO THAT FIRE LANE IN ORDER TO HAVE THAT TWO LANE ENTRANCE, THE FENCE CANNOT BE MOVED OUT 5 TO 8 FOOT OR IT WOULD INTERFERE WITH THAT, IT LOOKS LIKE TO ME.

[00:45:01]

AND THEN WE'D HAVE CARS BACKING INTO OUR FIRE LANES.

SO WE'RE WE'RE FIGHTING OUR OWN ORDINANCES HERE.

WE GOT AN ORDINANCE FIGHTING AN ORDINANCE.

UM. THE WOODEN FENCE I DON'T HAVE AN ISSUE WITH.

AS LONG AS IT'S OVERLAPPING BOARDS.

AS FAR AS THE NOISE, UH, WHEN THOSE TRUCKS COME TO EMPTY THOSE DUMPSTERS, IT'S 10 TO 12FT IN THE AIR WHEN THEY'RE SHAKING IT.

SO IT'S GOING TO BE ABOVE NO MATTER WHAT KIND OF FENCE YOU BUILD, UNLESS YOU BUILD A WALL.

UH, THE OTHER ISSUE I'VE GOT OR NOT ISSUE, BUT IN FAVOR OF THE OWNER IS CITY ORDINANCE 30 4-191-.

DASH 2-0, WHICH SPECIFICALLY STATES THAT SOLID WASTE COLLECTION NOISE CREATED BY SOLID WASTE HAULERS WITHIN 300FT OF RESIDENTIAL ZONING BEFORE 7 A.M.

TO 9:10 P.M.

IS PROHIBITED UNLESS GRANTED BY THE CITY MANAGER.

SO AS FAR AS NOISE INTERFERING WITH THE CITIZENS, THE HOURS THAT THEY'RE GOING TO BE EMPTYING THAT DUMPSTER IF THEY'RE WITHIN ORDINANCE WILL NOT BE AN HOURS THEY'RE SLEEPING UNLESS IT'S A DAY SLEEP FOR SURE.

AND THERE'S NOT MUCH WE CAN DO ABOUT THAT.

IT HAS TO BE DUMPED SOMETIME DAY OR NIGHT.

SO. I DON'T HAVE ANY QUESTIONS OR CONCERNS OTHER THAN THE FACT THAT WE CAN'T FIGHT ONE ORDINANCE AGAINST ANOTHER OR ANOTHER ORDINANCE AS FAR AS THE CITY IS CONCERNED.

SO I DON'T HAVE A PROBLEM WITH THE WOODEN FENCE AS LONG AS IT'S OVERLAPPING BOARDS AND IT'S ESTHETICALLY CORRECT.

SURE. NOW PLACEMENT OF IT AGAINST THE OTHER FENCES ARE WORKING WITH THE NEIGHBORS TO REPLACE THEIR FENCE.

THAT WOULD BE UP TO THE DEVELOPER, BUT I HAVE NO ISSUE WITH THE FENCE AND THINKING, MR. SCOTT, JUST YOU TOUCHED ON A POINT.

WHILE THERE ARE THREE OUT OF FIVE INDIVIDUALS THAT ARE CONSENTING TO THE WOODEN FENCE, THE TWO INDIVIDUALS THAT HAVE NOT CONSENTED, AT LEAST AT THE TIME OF THIS PRESENTATION, THAT DOESN'T ABSOLVE THE DEVELOPER OF THE REQUIREMENT TO PUT IN A WOODEN FENCE.

SO IN THOSE INSTANCES, IN THAT INSTANCE, IF WE CAN'T GET FIVE INDIVIDUALS TO AGREE, THE DEVELOPER UNDERSTANDS THAT THE ONUS FOR THE HIS PORTION OF THE FENCE STILL IS IN PLAY.

SO YOU MAY HAVE.

BOARD ON BOARD.

IT MAY LOOK A LITTLE HOKEY, DEPENDING ON IF THEY DO A JOINT FENCE VERSUS DOING BACK TO BACK OF THE OTHER TWO PROPERTY OWNERS.

DON'T CONSENT, BUT STAFF WILL MAKE CERTAIN THAT THAT REQUIREMENT HAS BEEN MET DEPENDING ON YOUR ACTION TONIGHT.

OKAY. SO, TONY, IS THAT THE IS THAT THE FINAL RESOLUTION THAT THREE PROPERTY OWNERS HAVE AGREED? WHAT ARE THEY AGREEING TO? ARE THEY AGREEING TO REMOVING THEIR EXISTING FENCES AND MAKING THIS NEW FENCE TO BE THE REAR FENCE OF THEIR PROPERTY? AND I'LL DEFER TO MISS CARRILLO.

MY UNDERSTANDING WAS THAT THAT WAS THE INTENT TO HAVE A JOINT ARRANGEMENT WHERE IT WAS ONE FENCE THAT WOULD BE CONSTRUCTED ALONG THE PROPERTY LINE.

OKAY. AND THAT THAT'S GOOD, I.

HELLO, ANNA. WISDOM SPOKEN IN A WHILE.

GOOD TO SEE YOU. GOOD TO SEE YOU.

GOOD EVENING, ANNA CURRY.

I'LL BE HAPPY TO ANSWER YOUR QUESTION, DAN.

UM, YES. SO THREE OUT OF THE FIVE THAT HAVE ACTUALLY RESPONDED, SOME OF THESE PROPERTIES ARE RENTED OUT.

AND SO I THINK THAT THAT'S BEEN THE CHALLENGE WITH THE ACTUALLY REACHING OUT AND GETTING HEARING BACK FROM THE PROPERTY OWNERS.

BUT THE RESPONSE THAT WAS FROM THE THREE PROPERTY OWNERS WAS VERY POSITIVE, AND THEY DID PREFER THAT THEIR ENTIRE FENCE GET REMOVED.

AND WE PUT UP THE NEW BOARD ON BOARD FENCE.

AS YOU SAW FROM THAT PHOTO, IT'S A COMBINATION OF EXISTING OLD WOODEN FENCE AND CHAIN LINK.

SO, UM, IT'S THEY UNDERSTAND OBVIOUSLY IT'S A SIGNIFICANT IMPROVEMENT.

SO YEAH, I MEAN, IN A PERFECT WORLD, EVERYBODY WOULD AGREE AND WE'D REPLACE THOSE OLD, WORN OUT, JUNKY OLD NON MAINTAINED FENCES WITH A NEW FENCE.

THEY WOULD CONNECT TO IT AND EVERYTHING WOULD BE FINE.

YOU KNOW WE'VE THIS DEVELOPER HAS REMOVED TREES THAT OVERHUNG THE PROPERTY LINE.

BUT THE TRUNKS OF THE TREES CAN'T BE REMOVED BECAUSE THEY'RE IN THE EXISTING FENCES.

SO NOW WE'RE GOING TO BUILD A FENCE IN FRONT OF A OF A DEAD TREE.

AND THAT'S NOT A GOOD SITUATION.

BUT HOPEFULLY WHERE THAT CONDITION EXISTS, THAT WAS A PROPERTY OWNER THAT AGREED.

AND IF THIS PROPERTY OWNER CAN'T AGREE, THEN PERHAPS THE SUBSEQUENT PROPERTY OWNER WILL TAKE ADVANTAGE OF IT AND CLEAN THIS OUT.

THIS IS NOT A UNIQUE SITUATION.

I DROVE DOWN THE STREET A LITTLE FURTHER TO, UH, THE DEVELOPMENT.

I CALL IT THE RENWEB DEVELOPMENT, BUT IT'S THE ONE WHERE CANES AND DUTCH BROTHERS AND AND SALAD TO GO, CHIPOTLE AND ALL THAT.

WE'VE DONE EXACTLY THE SAME THING THERE.

WE'VE PUT ACTUALLY ONLY A SIX FOOT TALL FENCE THERE, AND WE'VE PUT IT ALONG THE PROPERTY LINE.

AND IN THAT CASE, WE PUT IT IN AND SOME OF THE HOMEOWNERS HAVE COME AND CLEANED OUT AND TIED BACK INTO IT.

SOME HAVEN'T. AND WHERE THEY HAVEN'T, THEY'VE GOT A MESS.

THEY'VE GOT RATS.

GOD KNOWS THEY'VE GOT MOSQUITOES AND EVERYTHING ELSE BACK IN THERE.

AND THAT AFFECTS, UNFORTUNATELY, THE NEIGHBORS THAT COOPERATED WITH THIS.

BUT YOU KNOW, YOU CAN'T MAKE PEOPLE TAKE DOWN A FENCE.

YOU IT'S THEIR RIGHT AND THEIR PROPERTY TO TO DO AS THEY WANT TO.

BUT HOPEFULLY SOMEWHERE ALONG THE LINE WE'LL GET THIS CLEANED UP.

[00:50:01]

UM, I DON'T THINK THIS DESIGN YOU SHOWED ON THE PLAN ON YOUR FLAT AND EVERYTHING FOR THE FENCE.

IS THAT A FINAL DESIGN FOR THE FENCE? BECAUSE IT DOESN'T LOOK LIKE IT'S GOT VERY MUCH SUBSTANCE TO IT.

YOU'VE GOT ONLY TWO HORIZONTAL STRINGERS AT THE TOP AND BOTTOM OF THE BOARD.

I WOULD THINK AN EIGHT FOOT FENCE WOULD NEED AT LEAST PROBABLY FOUR.

IS THAT THAT'S JUST A CONCEPT.

WE CAN FINALIZE THE DESIGN AND WORK WITH STAFF ON THAT.

THAT'S JUST A CONCEPT SHOWING THE REQUEST, RIGHT.

THE THE PRODUCT THAT THEY BUILT BEHIND THE CAIN'S DEVELOPMENT LOOKS VERY ATTRACTIVE.

UH, IT SERVES THE PURPOSE WELL.

AND, UM, I CERTAINLY AGREE WITH WHAT YOU WANT TO DO.

I'D MUCH RATHER DO THIS THAN HAVE IT FIVE FOOT AWAY FROM THERE AND JUST A MESS BEHIND IT.

THAT CAN'T BE MAINTAINED. SO.

AND I'M SURE YOU ALL WILL BUILD A GOOD PRODUCT.

SO, UM, I'M GOOD WITH IT.

IS THERE ANY MORE QUESTIONS FROM COUNCIL? AND I'M GOING TO OPEN THE PUBLIC HEARING AT 652.

IS THERE ANYBODY IN THE AUDIENCE THAT WOULD LIKE TO SPEAK ON THIS? THEN I WILL CLOSE THE PUBLIC HEARING AT 653 AND ENTERTAIN A MOTION.

I HAVE A MOTION BY DAN AND A SECOND BY VICTORIA.

PLEASE VOTE. PASSAGE.

UNANIMOUS. THANK YOU, MAYOR AND COUNCIL.

THAT BRINGS US TO ITEM SIX C BILLBOARD RELOCATION AT 4.61 EAST RENFRO.

[6.C. Billboard Relocation at 461 E. Renfro Street (Case 23-347): Consider approval of a resolution for variances to Chapter 63, Sign Regulations, relating to the relocation of a non-conforming billboard. (Staff Presenter: Tony McIlwain, Development Services Director) ]

THIS IS CASE 20 3-3 47.

THIS IS TO CONSIDER APPROVAL OF A RESOLUTION FOR VARIANCES TO CHAPTER 63, THE SIGN REGULATIONS RELATED TO THE RELOCATION OF A NONCONFORMING BILLBOARD.

THE STAFF PRESENTER IS ONCE AGAIN TONY MCELWAIN DEVELOPMENT SERVICES DIRECTOR.

MR. MCELWAIN. THANK YOU.

THIRD TIME IN A ROW. YES.

UH, MAYOR AND COUNCIL, THIS IS A UNIQUE CIRCUMSTANCE THAT PROBABLY WILL BECOME LESS UNIQUE AS TXDOT MOVES OUT WITH THE RENFRO PROJECT.

AS YOU ALL ARE AWARE.

UH, RENFRO IS BEING WIDENED AND THERE ARE ANY NUMBER OF THINGS THAT MAY BE COMING BEFORE YOU THAT ARE ATTACHED TO CERTAIN USES THAT ARE OCCURRING ON PROPERTIES. THIS IS THE FIRST IN THAT THERE'S AN EXISTING BILLBOARD THAT IS BEING IMPACTED BY THE ROAD WIDENING.

UH, IT'S LOCATED AT 461 EAST RENFRO STREET.

AND MR. WEEMS IS THE APPLICANT.

HE AND I HAVE HAD NUMEROUS CONVERSATIONS OVER HOW BEST TO BRING THIS FORWARD TO YOU.

AND FOLLOWING MUCH DISCUSSION, WE THINK THE ONLY AVENUE WE HAVE IS JUST YOUR CONSIDERATION OF A WELL, NOT THE ONLY AVENUE.

ONE AVENUE THAT YOU HAVE IS YOUR CONSIDERATION OF A SIGN.

VARIANCE BY BACKGROUND.

UH. ARRINGTON OUTDOOR ADVERTISING CONSTRUCTED THIS BILLBOARD ON THE SITE IN 1999.

IT'S BEEN THERE SINCE THAT TIME.

AND THEY RECEIVED NOTICE FROM TXDOT THAT A PORTION OF THE PROPERTY WOULD BE ACQUIRED FOR NEW ROAD CONSTRUCTION, AND THE BILLBOARD WOULD HAVE TO BE RELOCATED. THE REQUEST IS SIMPLE.

THEY WANT TO TAKE THE BILLBOARD THAT YOU SEE AND SLIDE IT OVER.

ESSENTIALLY, AS YOU ALL KNOW, WE PROHIBIT BILLBOARDS IN THE CITY OF BURLESON, AND ONE OF THE THINGS FOR YOUR CONSIDERATION IS THAT THE ENTIRETY OF THE BILLBOARD, AS YOU SEE IT, UH, CONSTRUCTED, WILL NOT BE SLID OVER.

THERE'LL BE SOME NEW COMPONENTS.

AND THAT'S WHY WE'RE BRINGING IT FORWARD TO YOU FOR YOUR CONSIDERATION OF A VARIANCE.

SO THE LANGUAGE THAT WE HAVE HIGHLIGHTED IN RED ARE THOSE THE TEXTS THAT WE THINK ARE IMPACTED BY WHAT WILL ULTIMATELY HAPPEN.

UH, THE CONSTRUCTION OF THE BILLBOARD, IN LAYMAN'S TERMS, IT WILL NEED TO BE RECONSTRUCTED.

UM, WE DON'T, UH, TYPICALLY ALLOW ONE NONCONFORMING SIGN TO BECOME REPLACED BY ANOTHER NONCONFORMING SIGN.

AND IN THIS PARTICULAR INSTANCE, UH, BOTH OF THESE OCCURRENCES SHALL HAPPEN AND THAT YOU WILL HAVE SOME CONSTRUCTION ACTIVITY.

YOU WILL HAVE ULTIMATELY ANOTHER NON ANOTHER NONCONFORMING SIGN, BUT IT WILL NOT BE A PLUS ONE CONDITION IF THAT MAKES SENSE.

YOU'RE NOT GAINING A NEW BILLBOARD.

YOU'RE SIMPLY ALLOWING A RELOCATION OF ONE AND ASSOCIATED WITH A TXDOT PROJECT.

UH, THIS IS A GRAPHIC THAT SHOWS, UM, WHERE THE EXISTING ARRINGTON BILLBOARD IS.

IT'S THE HIGHLIGHTED ARROW.

UH, THE LOWER HIGHLIGHTED ARROW.

AND THEN THE RED ARROW POINTS TO THE NEW LOCATION THAT'S GOING ON THE PROPERTY OWNERS SITE.

YOUR CONSIDERATION.

AND SHOULD YOU BE SO INCLINED.

APPROVAL OF A VARIANCE WILL SIMPLY ALLOW THE RELOCATION 60FT NORTHWEST OF THE CURRENT SITE.

[00:55:06]

UH, YOU CAN'T BRING A BILLBOARD INTO CONFORMITY BECAUSE WE DO NOT ALLOW THAT.

YOU WOULD ESSENTIALLY JUST ALLOW A VARIANCE TO HAVE A BILLBOARD RELOCATED.

THE JUSTIFICATION IS PRETTY SIMPLE.

TEXDOT IS DOING A ROAD WIDENING PROJECT.

UH, AND IN DOING THAT, UM, THEY WANT TO KEEP THE BENEFIT OF THE BILLBOARD, BUT ALSO, UH, MEET TEX DOT'S REQUIREMENTS TO GET THE PROPERTY IN A IN A CONDITION WHERE IT IS, UH, UH, CONDUCIVE FOR TECH STOCKS WORK.

YOUR CONSIDERATIONS FOR A VARIANCE ARE CONTAINED ON THE SCREEN.

UM. SPECIAL CONDITIONS.

WAS NOT A STRICT INTERPRETATION OF THE CHAPTER WOULD DEPRIVE THE APPLICANT OF CERTAIN RIGHTS.

UH, WHETHER OR NOT CONDITIONS OR CIRCUMSTANCES ARE PREVALENT THAT ARE NOT, UH UH UH MERELY CONSTITUTE PECUNIARY HARDSHIP AND INCONVENIENCES, AND WHETHER OR NOT THE GRANT OF THE VARIANCE WILL MEET THE OVERALL OBJECTIVES OF THE ORDINANCE.

ARE YOU GRANTING A VARIANCE TO THE MINIMUM REQUIREMENT, AND DO YOU THINK IT WILL BE IN SPIRIT WITH THE PURPOSE OF THE CHAPTER? SO I PARAPHRASE THAT.

BUT JUST TO GIVE YOU SOME IDEA OF WHAT YOU'RE TO CONSIDER.

UH, STAFF IN THIS PARTICULAR INSTANCE HAS NO OBJECTION TO THE RELOCATION OF THE THE BILLBOARD.

AS I MENTIONED, WE ANTICIPATE HAVING ANY NUMBER OF, UH, STRUCTURES THAT HAVE BEEN, UH, PLACED AND AT THAT TIME WERE PLACED IN CONFORMANCE WITH THE CITY'S EXISTING CODE.

AND, YOU KNOW, WHEN THE STATE WANTS TO DO A PROJECT, THE STATE IS GOING TO DO A PROJECT.

SO I THINK WE'RE ALL FAMILIAR WITH THAT.

SO WE WE ARE SUPPORTIVE OF THE REQUEST TO HAVE THE BILLBOARD RELOCATED 60FT FROM THE PROJECT SITE SO THE TEXDOT CAN CONTINUE THEIR WORK.

UH, THIS IS NOT AN ITEM THAT HAD TO GO TO THE PLANNING ZONING COMMISSION.

SO THIS IS THE FIRST HEARING.

UH, WELL, THE FIRST DISCUSSION ON THIS, I ENTERTAIN ANY QUESTIONS THAT YOU HAVE.

THIS DOES NOT REQUIRE A PUBLIC HEARING.

AND I BELIEVE, YES, THE APPLICANT IS HERE TONIGHT.

SHOULD YOU HAVE ANY QUESTIONS.

AND THE APPLICANT IS NOT THE PROPERTY OWNER.

HE'S REPRESENTING THE BILLBOARD COMPANY.

JUST A SITUATION WHERE WE PSYCHOLOGISTS.

THAT'S OUR JOY.

IS THAT IS THAT WHAT YOU'RE SAYING? THEY WOULD HAVE EXHAUSTED THEIR REMEDIES WITH YOU FOR SURE, IF YOU SAY NO TO THE VARIANCE.

SO WHETHER OR NOT IT GOES AWAY, I DON'T KNOW WHAT HAPPENS AS FAR AS NEXT STEPS, BUT WHAT YOU WOULD BE SEEING IS THAT YOU ARE NOT ALLOWING THAT SIGN TO BE RELOCATED.

I HAVE TO DEFER TO THE GENTLEMAN TO YOUR LEFT, MR. MAYOR. CAN ANYBODY SEE ANYTHING DETRIMENTAL TO MOVING IT? CAN YOU UNDERSTAND WHAT I'M SAYING? WHAT'S THE DOWNSIDE OF MOVING IT? I'VE BEEN SO CONFLICTED ON THIS EVER SINCE I SAW IT.

I MEAN, AS LONG AS I'VE BEEN DOWN HERE, I'VE WANTED TO TAKE DOWN AS MANY BILLBOARDS AS WE HAVE, AS I AS WE CAN, BECAUSE I THINK THEY CLUTTER UP THE LANDSCAPE.

NO OFFENSE TO YOU, SIR.

I KNOW IT'S YOUR BUSINESS, AND I KNOW ADVERTISING IS IMPORTANT, BUT I WOULD LOVE TO CLEAN UP THE LANDSCAPE OF THE CITY AT EVERY OPPORTUNITY.

BUT I'M CONFLICTED ON THIS BECAUSE FIRST OF ALL, IT'S A LOCAL BUSINESS THAT'S ADVERTISING ON THIS SIGN.

AND, YOU KNOW, I'M IMPORTANT TO OUR LOCAL BUSINESSES, AND THIS IS A GOOD PLACE FOR IT BECAUSE IT'S RIGHT DOWN THE STREET FROM WHERE THEY ARE.

AND MAYBE THEY'RE NOT THE ONLY TENANT OF THE BILLBOARD THAT THEY'VE EVER HAD.

UH, AND MAYBE THE NEXT ONE WON'T BE AS PLEASANT.

UH, YOU KNOW, AS FAR AS THE REASONS THAT WE'RE GIVEN, THIS IS NOT THE BILLBOARD COMPANY OR THE PROPERTY OWNER THAT WANTS THIS.

THEY JUST WANT TO MAINTAIN STATUS QUO.

THEY'RE NOT TRYING TO IMPROVE THEIR SITUATION, MAKE MORE MONEY OFF OF IT.

ANYTHING. JUST BE ALLOWED TO STAY WHERE THEY ARE IN A NON CONFORMING STATE.

UH, I THINK I'M GOING TO HAVE TO RELUCTANTLY AGREE THAT THIS IS OKAY, BUT I WISH WE DIDN'T HAVE TO DO THIS.

I WISH WE COULD DO IT. I JUST DON'T HAVE THE HEART TO TELL THEM.

SORRY. SO.

SO I DO HAVE THE SAME ROAD.

I'VE BEEN TORN ON THIS, JUST LIKE DAN, FOR THE EXACT SAME REASONS.

AND I'VE DONE A LOT OF SOUL SEARCHING ON THIS ONE.

AND IT'S NOT LIKE WE'RE JUST WANTING TO MOVE A SIGN TO THE OTHER SIDE FOR BETTER ADVERTISING.

IT'S NON CONFORMING TO NON CONFORMING.

THIS IS TEX DOT FORCING THE ISSUE.

SO I AGREE WITH DAN I DON'T HAVE AN ISSUE WITH MOVING THE SIGN.

DON'T EITHER. ANYBODY ELSE MR. MAYOR CAN I CAN I RAISE A QUESTION JUST TO CLARIFY ON SOMETHING.

ARE THEY TAKING THE PROPERTY BY EMINENT DOMAIN.

YES. ALL RIGHT.

THIS IS THIS IS A DANGEROUS QUESTION.

I JUST WANT THE COUNCIL TO BE AWARE OF WHAT IT MIGHT MEAN.

HAS THERE BEEN A COMMISSIONER'S HEARING TO TAKE THE PROPERTY? I DON'T KNOW, MR.

[01:00:02]

WILLIAMS. IF YOU WANT TO COME FORWARD NOW, WE HAVE A SPEAKER FOR MR..

I'M. I'M SORRY.

GOOD EVENING. COUNCIL AND MAYOR.

MY NAME IS CHRIS WILLIAMS. I'M WITH ARRINGTON OUTDOOR.

WE RECEIVED A LETTER FROM TEX-DOT BACK IN SEPTEMBER SAYING THAT WE HAVE TO RELOCATE THE SIGN BECAUSE TXDOT IS TAKING THAT PIECE OF THE PROPERTY ALL.

I WANT THE COUNCIL TO BE AWARE OF IT.

I DON'T HAVE AN ANSWER FOR THIS, AND I DON'T THINK MATT HAS AN ANSWER FOR THIS, BUT IT'S SOMETHING WE NEED TO BE AWARE OF.

SOMETIMES WHEN TXDOT IS TAKING THE RIGHT OF WAY IN THAT INSTANCE, THEY INITIATE AN EMINENT DOMAIN PROCEEDING.

THEY HAVE A HEARING BEFORE COMMISSIONERS IN CONDEMNATION, AND THEY PAY THE PROPERTY OWNER FOR THE VALUE OF THE INTEREST TAKEN.

MY QUESTION YOU MAY NOT HAVE AN ANSWER FOR HAS THE PROPERTY OWNER ALREADY BEEN PAID FOR THE VALUE OF THE SIGN BECAUSE TXDOT IS TAKING IT? NO, I DON'T BELIEVE THEY HAVE.

OKAY. AND I ALSO ASKED THAT QUESTION IN OUR CONVERSATION TO SEE IF THERE WERE ANY.

FOR LACK OF A BETTER WORD, LIQUIDATED DAMAGES INCLUDED IN A FAIR MARKET VALUE ASSESSMENT OF WHAT WAS BEING DONE.

SO MR. WILLIAMS AND I HAD THAT CONVERSATION BECAUSE SAME THING CAME TO MY MIND WHETHER OR NOT COMPENSATION WAS ACCOUNTED FOR, TO HAVE THAT SIGN PERMANENTLY SUNSETTED AND REMOVED, IF THAT MAKES SENSE.

IF IF A GOVERNMENTAL ENTITY TAKES A PROPERTY INTEREST, THEY HAVE TO PAY THE PROPERTY OWNER THE FAIR MARKET VALUE OF THE INTEREST TAKEN, AND IF THAT SIGN HAS AN ONGOING COMMERCIAL VALUE OF SIGNIFICANT, UH, SIGNIFICANT FINANCIAL VALUE, THEN THAT HAS TO BE ADDRESSED IN THE EMINENT DOMAIN CASE.

THIS MAY BE BENEFICIAL TO THE STATE IF WE ALLOW THE RELOCATION.

IT TAKES THAT DAMAGE ELEMENT OUT.

I JUST WOULD LIKE TO BE SURE WE HAVEN'T THEY HAVEN'T ALREADY RECEIVED A DAMAGE AWARD? NO, WE HAVE NOT RECEIVED DAMAGE AWARD.

BUT ISN'T THERE A POSSIBILITY THAT INSTEAD OF BUYING THE SIGN OFF AND GETTING RID OF IT, CAN'T THEY JUST PICK UP THE TAB FOR MOVING IT? THEY DO THAT ON FENCES, THEY BUT THE STATE WOULD DO THAT, WOULD INCLUDE IT IN THEIR EMINENT DOMAIN PROCEEDING.

THEY WOULD DETERMINE HOW THEY ADDRESSED WHAT IS REFERRED TO AS EITHER THE VALUE OF THE PART TAKEN OR DAMAGED TO THE REMAINDER, AND THEY WOULD PRODUCE A DOLLAR FIGURE OR A METHOD OF ADDRESSING IT.

AND MY ONLY CONCERN IS I DON'T KNOW HOW THAT'S BEEN HANDLED HERE, BUT IF THEY HAVEN'T BEEN, NO, WE HAVE NOT BEEN COMPENSATED.

NO. AND AGAIN, AS THE CITY OF BURLESON HAS BEEN PUT IN THE MIDDLE OF, FOR EXAMPLE, YOUR ETJ RULING STATE HAS DONE THAT TO US AS WELL. WE'RE STUCK IN THE MIDDLE.

WE'RE THE VICTIM HERE.

ALL WE WANT TO DO IS MOVE, RELOCATE A PREEXISTING NONCONFORMING SIGN APPROXIMATELY 60FT.

THAT SIGN ADVERTISES BUSINESSES IN THE CITY OF BURLESON.

IT'S GOT BURLESON POWERSPORTS UP THERE.

NOW, WE'VE ALWAYS, FOR THE MOST PART, ADVERTISED CITY BUSINESSES.

THAT'S WHAT THOSE BOARDS ARE FOR.

IT'S ADVERTISING.

MR. MAYOR, I WOULD SUGGEST IF THE COUNCIL WISHES TO GO AHEAD AND APPROVE THE VARIANCE, THE MOTION COULD BE MADE TO APPROVE THE VARIANCE, SUBJECT TO CONFIRMATION THAT THE PROPERTY OWNER HAS NOT ALREADY BEEN PAID FOR THE RELOCATION OF THE SIGN BY THE TXDOT EMINENT DOMAIN ACTION.

THAT'S JUST THAT'S JUST THE DOLLAR AMOUNT, THOUGH.

I MEAN, IF WE SHOULD DISCOVER THAT'S HAPPENED, THEN THE COUNCIL MIGHT WANT TO CONSIDER WHAT YOU WANT TO DO.

IF THEY ONLY GOT IT IF THEY GOT A FEW THOUSAND DOLLARS TO RELOCATED.

IT'S ONE THING. WHAT I'VE LEARNED THE HARD WAY OVER THE YEARS IS SOMETIMES FOR MAJOR BILLBOARD ADVERTISING SIGNS, IT'S NOT THE VALUE OF THE SIGN, IT'S THE VALUE OF THE INCOME STREAM FOR THE NEXT 20 YEARS.

I'VE SEEN SITUATIONS WHERE THEY GIVE SIGNED COMPANIES $3 MILLION BECAUSE THEY'VE TAKEN THE SIGN, AND THAT WAS THE PROFIT IT WOULD GENERATE OVER THE AMORTIZED LIFE OF THE SIGN. THAT'S ALL I WANT TO BE SURE WE DON'T DO WE DON'T WANT TO DO BOTH OF THOSE.

NO NO, NO. COMPLETELY.

WE HAVE NOT BEEN COMPENSATED FOR FOR THE SIGN.

WHAT ARE YOU RECOMMENDING? JUST IF YOU WANT TO APPROVE IT, APPROVE IT.

SUBJECT TO CONFIRMATION THAT THEY HAVE NOT ALREADY BEEN COMPENSATED FOR THE RELOCATION OF IT.

AND IF THAT HAPPENS, THEN WE'LL COME BACK TO THE COUNCIL AND TELL YOU WHAT'S OCCURRED.

EVERYBODY UNDERSTAND? I'LL ENTERTAIN A MOTION ON THAT IF SOMEBODY WANTS TO ATTEMPT.

I'LL TRY TO MAKE THE MOTION SUBJECT TO MY UNDERSTANDING OF WHAT? HANG ON. DAN. YOU GOT ANYTHING, TONY? WELL, I JUST WANT TO DRAW TO BRING TO THE ATTENTION OF THE COUNCIL.

UM, TYPICALLY THE THE BILLBOARD COMPANY COMPANIES LEASE THE PROPERTY, SO THE DAMAGES WOULD BE AWARDED TO THE PROPERTY OWNER AND INCLUDED IN THOSE THAT DAMAGE AMOUNT WOULD BE ANY STRUCTURES OR ANY, UH, LEASE AGREEMENTS THAT WOULD BE IMPACTED, WHICH SPEAKS TO THE AMORTIZATION.

SO IT IS PARTICULAR CASE.

UH, I'M NOT AWARE OF TXDOT.

THAT WOULD BE THEY MIGHT CONTACT YOU.

BUT AS FAR AS THE DAMAGE AWARD, I WOULD ASSUME IT'S GOING TO THE PROPERTY OWNER.

SO I JUST WANT TO MAKE THAT CLEAR.

OKAY. LET'S DO IT. LET'S GET THE MOTION GOING.

[01:05:04]

YOU READY? OKAY.

I MADE THE MOTION TO APPROVE THE MOTION.

THE ITEM SUBJECT TO A DETERMINATION THAT THE STATE HAS NOT ALREADY PAID FOR THE VALUE OF THE SIGN.

WAS THERE A SECOND? SECOND? I HAVE A MOTION BY DAN AND A SECOND BY ADAM.

PLEASE VOTE. AT THIS TIME.

THERE'S TECHNICAL DIFFICULTIES WITH ONE MORE COUNCIL MEMBER, VICTORIA JOHNSON.

CAN YOU VERBALLY STATE YOUR MOTION? THE. ROQUE.

MOTION PASSES UNANIMOUSLY.

THANK YOU, THANK YOU.

COUNCIL MAYOR. I'M SORRY, I DON'T KNOW.

THANK YOU, MAYOR AND COUNCIL.

THAT BRINGS US TO.

THE GENERAL. I DON'T KNOW IF MAYBE WE SHOULD TAKE A BREAK.

COUNCIL MEMBER VICTORIA JOHNSON WOULD NOT BE ABLE TO SEE ANY OF THE DISPLAY IN FRONT OF HER.

THAT'S THE ONLY WAY SHE'D BE ABLE TO SEE THAT.

SO AT THIS TIME, IF WE COULD TAKE A SLIGHT BREAK FOR TECHNICAL DIFFICULTIES, PLEASE.

LET'S TAKE A BREAK.

YOU GOOD TO GO. OKEY DOKE.

HERE WE GO. WE'RE BACK IN SESSION.

NEXT ITEM ON THE AGENDA IS SEVEN GENERAL.

SEVEN A IS.

CONSIDER APPROVAL OF A CONTRACT WITH LAND DESIGN INCORPORATED FOR SITE PLANNING, THE WEST END PROPERTY PROJECT IN THE AMOUNT OF $250,000.

[7.A. Consider approval of a contract with LandDesign, Inc. for site planning the west end property project in the amount of $250,000. (Staff Presenter: Jen Basham, Director of Parks and Recreation)]

STAFF. PRESENTERS JEN BASHAM, DIRECTOR OF PARKS AND RECREATION.

JEN. ALL RIGHT.

GOOD EVENING, MAYOR AND COUNCIL.

IF YOU WANT TO UPDATE ON THE GAME AT 7 TO 3 MICHIGAN RIGHT NOW.

UM, JUST SO YOU KNOW, BUT A LITTLE BACKGROUND ON THIS PROJECT.

UM, WE'RE IN THE BEGINNING OF STAGES OF LOOKING FOR THE LONG TERM POTENTIAL FOR 55 OR AT THE LONG TERM POTENTIAL OF A 55 ACRE TRACT THAT WE OWN ON THE WEST END OF TOWN. UM, MULTIPLE STAFF MEMBERS SOLICITED, UM, FEEDBACK FROM FIVE DIFFERENT FIRMS. WE REACHED OUT TO THEM, THEY SUBMITTED PRESENTATIONS, WE MET WITH ALL FIVE OF THEM.

AND ULTIMATELY, WE BELIEVE THAT LAND DESIGN IS THE MOST APPROPRIATE FOR THIS PROJECT.

UM, JUST BASED ON THE SCOPE THAT THEY WERE ABLE TO PRESENT AND THE STAFF THAT THEY'RE BRINGING.

AND SO THIS EVENING, I'LL JUST GIVE A LITTLE BIT OF BACKGROUND ON LAND DESIGN AND WHAT THE PROJECT APPROACH WILL LOOK LIKE.

AND THEY ARE WITH US THIS EVENING IF YOU HAVE ANY SPECIFIC QUESTIONS OF THEM.

SO THIS WILL BE OUR MAIN GROUP.

SO WE HAVE HEATH.

UH BRYAN. RITA, BETH, SHERRI AND RAY, THEY WILL DO THIS.

THE BIG THING THAT SET THEM APART FROM THE OTHER VENDORS THAT WE INTERVIEWED WAS THAT THEY JUST REALLY FELT LIKE IN ORDER FOR THIS TO BE A SUCCESSFUL VENTURE, THEY REALLY NEEDED TO UNDERSTAND WHAT OUR COMMUNITY WANTS AND BLEND THAT WITH BOTH PRIVATE MARKET AND THE PARK USE.

AND SO LOOKING AT THAT, THEY WANT TO MAKE SURE THAT THIS IS A PLACE THAT MATTERS.

BUT IT'S REALLY ABOUT HOW IS IT ACCESSIBLE, HOW IS IT ADAPTABLE.

HOW DOES THE THE SPACE CHANGE FROM THE BEGINNING OF 5 A.M.

TO MIDNIGHT? AND HOW HOW DOES HOW DO PEOPLE FUNCTION WITHIN THAT? UM, AND SO THIS IS A LITTLE BIT ABOUT HOW THEY ANTICIPATE DOING THE DESIGN AND COMMUNICATION PROCESS.

SO OBVIOUSLY ANYTHING ANY TIME THAT WE'RE GOING TO BE DOING A PROJECT THAT'S REALLY HEAVILY BASED IN PUBLIC ENGAGEMENT, WE KNOW THAT THE COMMUNICATION AND THE RELATIONSHIPS WILL BE VITALLY IMPORTANT.

SO THERE'S A MULTI-STEP ENGAGEMENT PROCESS THAT WILL INDULGE ALL OF OUR STAKEHOLDERS AS WELL AS THE COMMUNITY, AND TO SEE WHAT HOW THIS PROJECT WILL TAKE SHAPE.

SO WE'LL START WITH PRE-DESIGN VISIONING AND PROGRAMING.

WE'LL START WITH THE GATHERING THAT BASE LEVEL INFORMATION.

THEY'LL CREATE THAT DIGITAL BASE MAP, AND THEY'LL LOOK AT ALL OF OUR CODES AND ORDINANCES AND IMAGERY FROM THE SITE, ALL THE SURVEY DATA THAT WE ALREADY HAVE AND LOOKING AT THAT POTENTIAL PHASING.

AND THEN WE'LL DO TWO ROUNDS OF PUBLIC ENGAGEMENT, LOOKING AT KEY STAKEHOLDERS, BOARDS, COMMISSIONS, COUNCIL PROPERTY OWNERS THAT ARE ADJACENT TO THE AREA THAT WILL ALSO BE WORKING IN TANDEM WITH OUR OPEN SPACE MASTER PLAN AND OUR PUBLIC ART MASTER PLAN.

SO WE'LL BE DOING THOSE, AND THEN WE'LL ALSO BE LOOKING AT DOING DESIGN CHARRETTES AND FINAL SITE PLANNING SO THAT WHEN WE GET THOSE DELIVERABLES, WE'LL BE ABLE TO SHOW THE COMMUNITY WHAT THIS SITE HAS THE POTENTIAL TO DO, WHAT THE PHASING OF THAT IS AND WHAT IT COULD POTENTIALLY COST.

AND THAT COST ESTIMATION IS GOING TO BE REALLY HIGH LEVEL AT THIS POINT, BECAUSE WE WON'T HAVE ANY FINAL DESIGN ELEMENTS DONE, OR THE FINAL PHASING WILL REALLY DEPEND. THAT'S WHEN WE'LL GET INTO CIVIL ENGINEERING, ETC..

[01:10:02]

UM, BUT THE BIG PART WILL BE THAT WE'LL HAVE THE FINAL SITE PLAN AND THE IMAGERY NEEDED TO MOVE FORWARD WITH ANY FUTURE, UM, ELECTIONS THAT NEED TO OCCUR WITH PROPERTIES THAT ARE DONE WITH THAT. SO WE'RE LOOKING TO GET THIS PROJECT KICKED OFF THIS FEBRUARY.

WE'LL START ROUND ONE OF THE COMMUNITY ENGAGEMENT IN MARCH, ROUND TWO IN MAY, AND THAT WILL BE WHEN WE'LL BE ABLE TO SOLICIT BOTH FEEDBACK FROM THE COMMUNITY AT SPECIAL EVENTS AND COMMUNITY EVENTS.

AND THEN WE'LL START THAT COMMUNITY CAMPAIGN BASED ON ALL OF THOSE DELIVERABLES THIS WINTER.

WITH THE ELECTION FOR THE SOFTBALL FIELD RELOCATION IN MAY OF NEXT YEAR.

AND THE COST FOR THIS IS $250,000.

WE DO HAVE HOURLY RATES ESTABLISHED IF WE NEED TO DO ADDITIONAL SCOPE ITEMS OUTSIDE OF THE BASE THAT IS OUTLINED IN THE PROJECT.

SO WE KNOW THAT 250 IS OUR BASE CONTRACT.

BUT IF WE GO OUTSIDE OF THAT, WE ARE AWARE OF WHAT THOSE FEES WILL BE.

THEY'RE ALREADY ESTABLISHED.

ANY QUESTIONS? ANYBODY. VICTORIA, YOU DON'T HAVE ANYTHING, OKAY? I'M REALLY LOOKING FORWARD TO THE PUBLIC INPUT.

AND I'M EXCITED ABOUT THIS CONTRACT, JUST TO SEE WHAT THE POSSIBILITIES ARE.

WE'VE THROWN OUT LOTS OF IDEAS.

UM, STAFF AND COUNCIL MEMBERS OVER THE LAST, WHAT, TWO YEARS OR SOMETHING? UM, IT'S A LOT OF LAND THAT I WANT TO MAKE SURE WE DO OUR DUE DILIGENCE ON AND PLANNING APPROPRIATELY AND PLANNING FOR THE FOR THE LONGEVITY OF OUR CITY AND, UM, AND SEEING HOW MANY THINGS WE CAN CHECK OFF OF OUR LIST.

SO I'M REALLY EXCITED TO SEE HOW PUBLIC INPUT GOES AND TO GO THROUGH THIS PROCESS.

IS THERE A MOTION ON THIS? I HAVE A MOTION BY VICTORIA, SECOND BY FIELD.

PLEASE VOTE. PASSES UNANIMOUSLY.

THANK YOU. THAT BRINGS US TO ITEM SEVEN B CONSIDER APPROVAL OF A RESOLUTION AUTHORIZING A RIGHT OF WAY USE AGREEMENT FOR A METAL AWNING AND POST OVER AN EXISTING OUTDOOR SEATING PATIO AT 133 SOUTHWEST WILSON

[7.B. Consider approval of a resolution authorizing a right-of-way use agreement for a metal awning and posts over an existing outdoor seating patio at 133 S. Wilson Street, Spice Rack Bar & Grill. (Staff Presenter: Tony McIlwain, Development Services Director)]

STREET SPICE RACK BAR AND GRILL.

THE STAFF PRESENTER IS TONY MCELWAIN.

DEVELOPMENT SERVICES DIRECTOR MR. MCELWAIN. COMPOST.

MAYOR AND COUNCIL.

THIS IS A RECENT MIDDLE OF AN ITEM THAT WAS MOST RECENTLY ON A PREVIOUS CITY COUNCIL AGENDA, UH, FOR AN AWNING AND ASSOCIATED METAL POST FOR THE SPICE RACK BAR AND GRILL.

JUST BY WAY OF HISTORY.

ON APRIL 12TH OF 2021, THE CITY COUNCIL APPROVED AN OUTDOOR SEATING PATIO WITHIN THE CITY'S RIGHT OF WAY FOR THE SPICE RACK, LOCATED WITHIN A PUBLIC MEETING SPACE OF A NON PARKED AREA.

SO THE PURPOSE OF THE RIGHT OF WAY AGREEMENT WAS FOR THE TEMPORARY INSTALLATION OF TABLETOP DINING TO CREATE A PUBLIC SPACE.

AT THAT TIME, NO ROOFING UH, OR AWNING POST UH WAS PROPOSED WITH THE PATIO.

THE CONCEPT SKETCHES, WHICH I THINK THIS IS FAMILIAR TO YOU ALL.

UM, WAS THESE THIS IS WHAT WAS SHOWN TO THE COUNCIL ON APRIL 12TH OF 2021.

THESE ARE THE EXISTING CONDITIONS.

YOU SEE, THERE ARE SOME DEVIATION FROM WHAT WAS ORIGINALLY SHOWN TO THE COUNCIL, BUT THE EXISTING CONDITIONS CONTAIN THE AWNING.

AT THE TIME THE PICTURE WAS TAKEN, THE ROOFING ELEMENT AND THE POST FOR THE OUTDOOR SEATING AREA.

SO WHAT IS BEING REQUESTED? THE APPLICANT IS PROPOSING THE FOLLOWING CHANGES TO THE INSTALLED PATIO AWNING.

UH, EITHER PAINT THE EXISTING PANEL ROOF BLACK OR INSTALL BLACK STANDING METAL SEAM ROOF CLAD THE EXISTING METAL POST WITH CEDAR WOOD.

UH. REQUESTING APPROVAL.

THE RIGHT OF WAY. USE AGREEMENT WITH THE CHANGES LISTED ABOVE TO ALLOW FOR THE CONTINUED USE OF A PATIO AWNING WITH THE METAL POST.

SO THAT'S WHAT YOUR ACTION UNDERTAKES TONIGHT.

YOU ACKNOWLEDGE THE CHANGES, AND IF YOU ARE INCLINED, YOU APPROVE THE RIGHT OF WAY.

USE AGREEMENT WITH THOSE CHANGES.

AS YOU ARE AWARE, THE WORK HAS ALREADY BEEN DONE.

WE ARE GOING TO REQUEST, DEPENDING ON YOUR ACTION TONIGHT, FOR THE PERMIT TO BE DONE RETROACTIVE FOR THE WORK THAT WAS ALREADY DONE.

SO WE WENT OUT ON A MISERABLE LOOKING DAY, IT LOOKS LIKE, FROM THE PICTURE.

AND, UH, TOOK SOME ADDITIONAL PICTURES OF THE, UH, THE LOCATION.

YEAH. AND WE'VE INCLUDED THAT ALONG WITH EXAMPLES THAT WERE PROVIDED BY MR. SCHILLER, OF WHAT THE MATERIALS WOULD LOOK LIKE.

SO THE CONDITIONS WITHIN THE AGREEMENT ARE LISTED IN THESE BULLET POINTS.

[01:15:03]

THERE'S A LOT I WON'T READ THOSE, BUT THEY ARE SOME OF YOUR STANDARD CONDITIONS AS FAR AS THE APPLICANT BEARING THE COST AND AND THE LIKE.

SO YOU HAVE.

THE AUTHORITY TO EITHER APPROVE THE RIGHT OF WAY, USE AGREEMENT WITH THOSE CHANGES, OR TO DENY IT.

UM, THIS, OF COURSE, IS AN ITEM THAT DOESN'T REQUIRE A PUBLIC HEARING.

I BELIEVE MR. SCHILLER IS STILL HERE TO ANSWER ANY QUESTIONS THAT YOU HAVE REGARDING WHETHER OR NOT YOU WANT STANDING METAL SEAM VERSUS SOME OTHER ARTICULATION, THE CEDAR VERSUS SOME OTHER WOOD PRODUCT.

UH, HE'S HERE TO ANSWER ANY QUESTIONS THAT YOU MAY HAVE.

TONY, CAN YOU GO BACK UP A COUPLE OF SLIDES? ONE MORE RIGHT THERE.

THAT ASPHALT THAT USED TO BE, I GUESS, AN ACCESS RAMP OR A HANDICAPPED RAMP.

IS THAT WITHIN THE EASEMENT OR OUTSIDE THE EASEMENT? IT'S RIGHT UP AGAINST THE CURB.

YEAH, I CAN'T INDEPENDENTLY ANSWER THAT QUESTION.

ALL RIGHT. EITHER WAY IS IT DOESN'T MEET ANY STANDARD OF CODE.

AND IS THERE ANY WAY WE CAN REMOVE THAT? I'LL HAVE TO. I WILL TALK WITH MR. THOMPSON AND SEE WHAT WE CAN DO TO GET THAT TAKEN CARE OF.

YEAH, IF IT IS WITHIN THE RIGHT OF WAY.

IF IF HE WANTS IT GONE, THEN LET'S HELP IT GO AWAY.

OKAY. THANK YOU.

SO IT'S NOT GOING TO LOOK LIKE THE PICTURE WHERE YOU CAN BACK IT UP THERE THAT, UH.

I'M SORRY, THE WRONG DIRECTION NOW.

RIGHT HERE. IT'S NOT GOING TO LOOK LIKE THIS.

NO. UNLESS MR. SHEILA IS GOING TO COME IN AND RETROFIT WITH THAT METAL PANELING ALONG THIS OUTDOOR SEATING AREAS.

WHAT YOU'RE SPECIFICALLY TALKING ABOUT THERE, MR. JOHNSON? BECAUSE RIGHT NOW, SOME LATTICE METAL WORK THAT YOU HAVE IN TERMS OF THOSE PLANKS, THE PLANKS THAT WERE SHOWN IN 2021 ARE NOT THERE TODAY.

UH, MY UNDERSTANDING IS THAT IT'S NOT GOING TO BE RETROFITTED TO LOOK LIKE THAT.

UM, BUT RATHER BASICALLY THE METAL POST WILL BE RETROFITTED.

AND THEN IT'S THE DIFFERENCES WITH THE METAL AWNING.

SO I'LL HAVE TO YIELD TO MR. SHEILA, UH, FOR ANY ADDITIONAL CONVERSATION.

BUT THAT'S NOT WHAT WE'RE ANTICIPATING HAPPENING WITH THIS ACTION AS FAR AS THAT OUTDOOR SEATING AREA.

I DON'T SEE MUCH CHANGE IN WHAT THEY'RE ASKING TO DO.

IT LOOKS EXACTLY LIKE WHAT THEY HAVE.

WELL, SORT OF.

UM, I'VE BEEN ONE OF THE MORE OUTSPOKEN OPPONENTS TO LEAVING THE THE METAL AWNING IN PLACE.

BUT THE REASON I HAVE BEEN IS BECAUSE I SAW THAT THAT MADE NO ATTEMPT TO TRY TO BLEND IN WITH THE SURROUNDINGS, TO TRY TO LOOK LIKE SIMILAR BUILDINGS NEARBY, TO TRY TO TO FIT INTO WHAT, UH, MIGHT HAVE EXISTED AT THE TURN OF THE CENTURY AND IN A TEXAS TOWN.

BUT TO MAKE THE MODIFICATIONS THAT THEY'RE TALKING ABOUT MAKING.

UM, IT'S GOING TO AT LEAST TRY, IN THE APPLICANT'S WORDS, TO MIRROR WHAT'S BEEN DONE AT RAZZOO'S, WHICH WE ALL APPROVE OF, AND, UH, TO ALSO MATCH WHAT THEY'RE DOING IN THE LUMBER YARD, WHICH WE ALSO HOPE TO SEE, YOU KNOW, SUCCESS THERE.

I WOULD SAY, FOR MY PART, I'D LIKE TO SEE THE METAL REPLACED WITH THE STANDING SEAM BLACK METAL.

I DON'T LIKE THE IDEA OF PAINTING THIS MATERIAL BECAUSE I FEEL LIKE IT WON'T BE DURABLE, AND OVER TIME, WE'LL EITHER BE FACED WITH A SITUATION OF HAVING TO GO BACK TO THE, UH, RESTAURANT AND DEMAND THAT THEY MAKE IT BETTER, OR JUST PUT UP WITH IT.

I THINK IF WE STARTED OFF WITH GOOD MATERIAL, WE COULD HOPEFULLY HAVE SOMETHING THAT WILL WORK.

SO I'VE KIND OF PULLED MY POSITION OF OPPOSITION DOWN TO TO WHERE I THINK I COULD TOLERATE THIS, SINCE IT WHAT I HAVE SAID OVER AND OVER AGAIN WHEN PEOPLE WHEN WHEN WE'VE HAD THESE APPLICATIONS COME UP, WE TRY TO COME UP WITH SOMETHING THAT LOOKS LIKE IT BELONGS THERE.

THIS MAY NOT LOOK EXACTLY LIKE IT BELONGS THERE, BUT IT'S A LOT CLOSER THAN IT IS, AND IT SHOWS AN EFFORT ON MY PART.

SO, UH, WITH IF WE DO THE THE CEDAR COLUMNS AND WE REPLACE THE METAL WITH BLACK STANDING SEAM, I THINK WE'RE GOING TO GET PRETTY CLOSE TO WHAT WE PROBABLY WOULD HAVE APPROVED BACK IN 2021 ANYWAY.

SO. THAT'S KIND OF WHERE I'M AT ON IT.

WELL, I THINK I'M SITTING TOO CLOSE TO DAN BECAUSE WE'RE STARTING TO THINK A LOT TOO OFTEN NOW.

UM. THAT'S DANGEROUS. I AGREE WITH THE ROOFING.

EITHER WAY, IT'S GOING TO LOOK GOOD.

BUT I AGREE LONGEVITY.

IT NEEDS TO BE CHANGED.

I REALLY APPRECIATE THE UPGRADE ON THE POST THAT'S GOING TO LOOK REALLY GOOD.

I'M A STICKLER TO THE RULES, AND UH, WHEN THE FIRST PRESENTATION WAS PUT IN IN 2021, IT SHOWED THE WOOD AROUND THE FENCING AREA. YES.

[01:20:02]

AND IN MY OPINION, THAT WAS AND OF COURSE, I STUCK TO IT BECAUSE THAT'S WHAT YOU PRESENTED.

BUT IN MY OPINION, THAT WOULD BE HOT AND CLAUSTROPHOBIC FOR ME IN SUMMERTIME.

SO I THINK IT'S A BETTER UPGRADE WITH THE HOGWARTS STYLE FENCE AROUND THERE, WHERE YOU GET SOME AIR AND BREEZE THROUGH THERE AND LESS CLAUSTROPHOBIC.

SO I THINK WE'RE MOVING THE RIGHT DIRECTION.

I LIKE THE POST. I LIKE THE FENCE.

UH, GET THE ASPHALT OUT OF THERE AND MAYBE CONSIDER THAT SAME ROOF.

WELL, I'LL SAY THIS.

I'M NOT OPPOSED TO, UH.

ATOP THAT.

I'M NOT, BUT I'M OPPOSED TO.

SOME OF THE WAYS THE THINGS LOOK, IF THEY LOOK ATTRACTIVE, I HAVE NO PROBLEM WITH IT.

NO PROBLEM WHATSOEVER.

UM, IT'S LIKE THE BREWERY THEY CAME UP, I BELIEVE THEY CAME UP AND THEY NEVER DID BRING IT BACK TO US.

BUT I THOUGHT THEY CAME UP WITH A PLAN ON THIS THAT WE WERE GOING TO LOOK AT.

BUT I'M NOT OPPOSED TO THE TOP, BUT I CERTAINLY AM OPPOSED TO JUST THROWING SOMETHING UP THERE.

I WANT IT TO LOOK NICE, UH, TO GO ALONG WITH THE REST OF THE OLD TOWN.

THAT'S MY WHOLE POINT.

YES, SIR. YOU WANT TO DO THE MOTION? MOTION? 33.

ANYBODY ELSE? I'M GOING TO I'M GOING TO AGREE WITH MAYOR PRO TEM.

I MEAN, I APPRECIATE DEREK BRINGING IT BACK.

AND IF WE COULD DO THE BLACK STANDING SEAM I THINK THAT'D LOOK GREAT.

SO THAT'LL WORK.

TONY, DID YOU HAVE ANY MORE TO THE PRESENTATION? NO, SIR. MY UNDERSTANDING AND TAKEAWAY IS NO PAINT, BUT RATHER BLACK STANDING SEAM ROOF AND THE CEDAR TREATMENT AROUND THE ALONG THE METAL POST.

I'M GOING TO MAKE SURE THAT'S CLEAR TO THE MISTER SHEILA.

IS THERE A MOTION ON THIS? I WOULD MOVE FOR THE APPROVAL UNDER THE UNDERSTANDING THAT WE'RE GOING TO CLAD THE VERTICAL POSTS WITH CEDAR AND REPLACE THE EXISTING METAL ROOF WITH THE BLACK STANDING SEAM, AS THE APPLICANT HAS SUGGESTED.

IS THERE A SECOND? I'LL SECOND THAT.

I HAVE A MOTION BY DAN. A SECOND BY ADAM.

PLEASE VOTE. MHM.

MY SCREEN WENT DARK. I'D LIKE TO ADD I DO APPRECIATE MR. SCHULER'S, UH, MINDSET HERE OF COMING BACK AND NOT GIVING THIS THING UP ON THE, ON THE FIRST VOTE.

I, I THINK IT SHOWS WE CAN ALL WORK TOGETHER TO GET WHAT WE WANT TO HAVE IN OLD TOWN.

AND, UH, I HOPE THAT OTHER PEOPLE IN THE COMMUNITY ARE PAYING ATTENTION, THAT THE COUNCIL IS NOT ANTI-BUSINESS.

WE'RE NOT TRYING TO HURT ANYBODY.

WE TRY TO WORK THINGS OUT WHEN THE SITUATION ARISES.

SO MY SCREEN HAS GONE DEAD, BUT IT'S SHOWING TO BE APPROVED.

UNANIMOUS. PROPOSAL.

ABSOLUTELY NO CHANCE.

THANK YOU. DEREK.

ARE WE GOOD? I DON'T KNOW.

ARE YOU. ARE YOU GOOD? OKAY. THAT BRINGS US TO SEVEN C.

[7.C. Consider approval of an ordinance amending the City's fee schedule ordinance for Fiscal Year 2023-24 (CSO#5218-09-2023) by adding and amending fees associated with the Burleson Recreation Center (BRiCK), Russell Farm, and other City athletics fees. (First Reading) (Staff Presenter: Jen Basham, Director of Parks and Recreation)]

CONSIDER APPROVAL OF AN ORDINANCE AMENDING THE CITY'S FEE SCHEDULE ORDINANCE FOR FISCAL YEAR 2023, 2024 BY ADDING AND AMENDING FEES ASSOCIATED WITH THE BURLESON RECREATION CENTER, RUSSELL FARM AND OTHER CITY ATHLETIC FEES.

THIS IS BEFORE THE CITY COUNCIL ON FIRST READING.

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

ALL RIGHT. SO THIS EVENING WE'RE GOING TO GO THROUGH A LITTLE BIT OF THE HISTORY THAT HOW WE GOT HERE.

I'LL GO THROUGH THE FEES.

I'M GOING TO DO A BROAD OVERVIEW BECAUSE THERE'S A LOT OF FEES HERE.

SO JUST STOP ME IF YOU HAVE ANY QUESTIONS ON SPECIFIC AREAS.

WE'LL START WITH BRICK FEES.

WE'LL GO THROUGH RENTALS AND THEN WE'LL DO A SUMMARY AT THE END.

SO WE STARTED THIS CONVERSATION BACK IN NOVEMBER WITH PARK BOARD.

THEY HAD A CHANCE TO SCRUB THOSE FEES.

WE BROUGHT THOSE RECOMMENDATIONS FORWARD TO COUNCIL IN NOVEMBER AS WELL.

WE TOOK THOSE RECOMMENDATIONS FROM BOTH THE BOARD AND COUNCIL BACK TO PARK BOARD DECEMBER 14TH.

PARK BOARD DID AUTHORIZE THOSE.

AND SO THEY ARE BACK BEFORE YOU THIS EVENING FOR THE FIRST READING.

SO THIS WAS JUST AN OVERVIEW OF WHAT WAS RECOMMENDED.

SO FOR MEMBERSHIP FEES, IT WAS A 10% INCREASE ACROSS THE BOARD, WHICH WOULD BRING IN AN ADDITIONAL $143,000 IN REVENUE.

AND THIS DOES EXCLUDE YOUTH MEMBERSHIPS, WHICH WE WILL LEAVE AT THE EXISTING FEE STRUCTURE.

UM, FOR DAY PASSES, IT WOULD CREATE A NONRESIDENT RATE.

SO THAT'S ESTIMATED TO BE ABOUT 80% OF OUR SALES WITH THIS INDIVIDUAL, AND THEN 20% OF OUR SALES FOR FAMILIES AND $2 INCREASE FOR THE GROUP RATE.

[01:25:07]

UM, SOMETHING I DO WANT TO CLARIFY HERE IS WHEN YOU ARE GOING TO ISSUE AN ACTUAL MEMBERSHIP TO THE BRICK.

WE VERIFY YOUR RESIDENCY.

AND SO WE DO THAT THROUGH CAD.

WE MAKE SURE THAT YOU ACTUALLY LIVE WITHIN THE CITY LIMITS, THAT YOU PAY BURLESON TAXES FOR THE PURPOSE OF A DAY PASS WHEN WE'RE TAKING LIMITED INFORMATION AND WE'RE TRYING TO ROLL OVER A BUNCH, ESPECIALLY IN THE SUMMER, WE WILL NOT GO THROUGH THAT VERIFICATION PROCESS.

SO IF THEY GIVE US AN ADDRESS THAT'S IN THE CITY OF BURLESON, WE'LL GIVE THE RESIDENT RATE.

SO FOR THE MEMBERSHIP FEES.

THE WAY THAT WE SHOWED THIS THIS EVENING IS YOU'LL SEE THE RATE STRUCTURE IN THE LEFT COLUMN, OUR CURRENT FEES IN THE MIDDLE, AND THEN WHAT WE ARE PROPOSING, WHICH IS JUST THAT 10% INCREASE ACROSS THE BOARD IN THE RIGHT HAND COLUMN.

ANY QUESTIONS BEFORE I MOVE ON? OKAY. AND SO SAME THING FOR DAY PASSES.

IT'S THE SAME SETUP. SO YOU'LL SEE THAT WE HAVE THAT GUEST RATE.

UM, ONE THING THAT WE DIDN'T SHOW YOU WHEN WE BROUGHT THIS FORWARD PREVIOUSLY WAS JUST THE OUTDOOR SWIMMING POOL.

SO THAT IS ESTABLISHED.

IT SHOWS WHAT OUR CURRENT RATES ARE AND THEN WHAT THAT 10% INCREASE WOULD BE FOR JUST NONRESIDENT.

UM, AND THEN THIS SHOWS ALL THE AREAS IN BLUE ARE THE AREAS WITH A BURLESON ADDRESS, BUT THEY ARE NOT CONSIDERED BUT ARE CONSIDERED NONRESIDENT.

SO THAT'S HOW THAT WOULD IMPACT.

FOR BRICK PROGRAM FEES.

JUST A REMINDER, WE DID 25% OF OUR OVERALL PROGRAM INCREASE, WHICH IS AROUND 6 TO $8 FOR EACH PROGRAM.

LOOKING AT AN ADDITIONAL $10,000 ISH, UM, PER YEAR IN REVENUE, 5% FOR OUR CAMP ENROLLMENT FEE.

AND THEN, UM, TOTAL POTENTIAL REVENUE WOULD BE 22,500.

AND OF COURSE, THAT DAY PASS THAT SHOULDN'T BE ON THERE.

THAT IS A TYPO.

AND THEN FOR RENTALS, YOU'LL SEE THAT 10% INCREASE FOR RENTAL FEES, PAVILION FEES WHICH DO NOT GO TO PPF.

BUT WE'RE INCLUDING THEM HERE BECAUSE WE'RE AMENDING OUR FEES, WOULD BE A $5 INCREASE PER OUR RUSSELL FARM RENTAL FEES.

AND THAT'S JUST FOR RENTALS OF SPACES.

THAT'S NOT FOR EDUCATIONAL PROGRAMING.

IT'S 10% AND THEN AN EDUCATIONAL FIELD TRIP FEE.

SO THAT IS IF A DAYCARE OR A SCHOOL WANTS TO COME, THIS WOULD BE A FEE THAT WE WOULD ESTABLISH TO CHARGE MOVING FORWARD.

AND SO THIS IS A BREAKDOWN OF THOSE FEES.

AND I BELIEVE WHEN WE BROUGHT THIS FORWARD PRIOR, WE DIDN'T MENTION THE SUNDECK, WHICH IS ALSO A RENTAL AVAILABILITY.

SO YOU SEE THAT UNDER AQUATICS.

ALL RIGHTY.

UM, AND THEN THIS WOULD BE RUSSELL FARM IN THE PAVILION.

RENTAL FEES. AND YOU'LL SEE BY BUILDING HOW WE BREAK THOSE DOWN AND THE HOURS THAT THEY ARE AVAILABLE FOR RENTAL.

OKAY. WELL, SO IN SUMMARY, OUR PLANNED ANTICIPATED DATE OF MAKING THESE GO LIVE WOULD BE MARCH 1ST.

WE WILL BRING THIS BACK TO COUNCIL FOR A SECOND READING AT THE NEXT MEETING.

AND WE DO PROJECT A DECREASE IN SUBSIDY BY 5%, WHICH WOULD PUT US BELOW THAT 50% THRESHOLD THAT COUNCIL REQUESTED WE STAY UNDER.

UM, AND THEN THIS IS JUST A BREAKDOWN OF WHAT THOSE PERCENTAGE INCREASES ARE AND WHAT WE'RE ANTICIPATING EACH OF THOSE HAVING A BUDGETARY IMPACT.

ANY QUESTIONS? I'VE GOT A QUESTION. JIN.

UH, I APPRECIATE YOU PUTTING THIS TOGETHER.

I KNOW IT'S A LOT OF HARD WORK, A LOT OF NUMBERS, A LOT OF NUMBERS.

BRINGING THEM UP 10%.

BUT WE NEEDED TO DO IT.

UH, THE RUSSELL FARM EDUCATIONAL FIELD TRIPS.

YOU HAD IT $5, $2,500 GAIN IN PROFIT.

UM, WHAT ARE THEY NOW? CURRENTLY? SO THIS IS THE FIRST YEAR THAT WE HAVE ACTUALLY SOLICITED.

WE HAD SCHOOLS REACH OUT TO US AND SAY, HEY, WE'D LOVE TO BRING OUR KIDDOS.

AND WE DIDN'T HAVE A FEE ESTABLISHED.

SO WE CHARGED FIVE THIS YEAR.

UM, AND NOW WE'RE JUST WE WANT TO MAKE SURE THAT WE'RE PUTTING THAT IN OUR FEE SCHEDULE.

THE SCHOOLS REALLY, HONESTLY WERE LIKE, YOU COULD CHARGE US DOUBLE THAT.

IT'S REALLY NOT THAT IMPACTFUL TO US.

SO THERE'S A LOT OF PROGRAMING ON OURS AND WE BRING IN ARTS AND CRAFTS.

WE MAKE SURE THAT WE HAVE HANDLERS FOR THE ANIMALS, ETC.

SO WE'RE JUST TRYING TO COVER THAT COST.

OKAY. AND I KNOW IN PREVIOUS CONVERSATIONS ON THE YOUTH AT THE BRICK, WE DIDN'T WANT TO RAISE THEIR RATES.

YES, SIR. SO WE LEFT IT AT WHAT IT WAS.

BUT I GOT A FEELING SINCE THIS IS A SPECIAL REVENUE FUND BASED ON USER FEES, AND IT'LL NEVER BE SELF-SUPPORTING LIKE THE GOLF OR THE CHISINAU

[01:30:08]

FIELDS, BUT THE CLOSER WE CAN GET THERE, THE BETTER OFF WE ARE.

THAT MAYBE NEXT YEAR AND WE NEED TO START GETTING COMFORTABLE WITH IT NOW.

WE MAY NEED TO RAISE IT 2%, 3%, NOT 10% LIKE THE OTHERS, SURE, BUT MAYBE 2 OR 3 AND START CONSIDERING IT.

OTHERWISE WE'LL BE GOING THE WRONG DIRECTION.

YES, SIR. WE COULD ABSOLUTELY CONSIDER THAT.

THIS IS GREAT. THANK YOU. JIM.

YES, SIR. AND I GOT TO GIVE ALLISON SMITH, OUR REC MANAGER.

SHE'S THE ONE WHO SCRUBBED ALL OF THESE NUMBERS.

SO I DID NOT BUILD THAT.

THAT WAS ALL HER. ANYBODY ELSE? IS THERE A MOTION ON THIS? I'LL MOVE TO APPROVE AS PRESENTED.

WE HAVE A MOTION BY ADAM.

A SECOND BY LARRY. PLEASE VOTE.

PASS. UNANIMOUS. THANK YOU MAYOR AND COUNCIL.

THAT BRINGS US TO ITEM D.

I WILL CALL FORWARD ACTUALLY AT THIS TIME ITEMS D AND E SINCE THEY HAVE A ONE PRESENTATION, BUT THIS WILL BE TWO MOTIONS.

[Items 7.D. & 7.E.]

SO ITEM SEVEN D IS CONSIDER APPROVAL OF A RESOLUTION AMENDING THE EMERGENCY MEDICAL AND AMBULANCE SERVICES BILLING POLICY.

THE STAFF PRESENTER IS CASEY DAVIS, ASSISTANT FIRE CHIEF.

AND THEN ITEM SEVEN E IS CONSIDER APPROVAL OF AN ORDINANCE AMENDING THE CITY'S FEE SCHEDULE ORDINANCE FOR FISCAL YEAR 2023 2024 BY ADDING FEES ASSOCIATED WITH EMERGENCY MEDICAL AND AMBULANCE SERVICES.

THIS IS BEFORE CITY COUNCIL ON FIRST READING.

THIS IS ALSO PRESENTED BY CASEY DAVIS, ASSISTANT FIRE CHIEF.

CHIEF DAVIS.

GOOD EVENING, MAYOR AND COUNCIL.

THANK YOU FOR YOUR TIME.

UM, MY PRESENTATION IS SLIGHTLY CHANGED FROM THE ONE IN YOUR PACKET, SO I JUST WANTED TO MAKE MENTION OF THAT AS WE GO THROUGH.

I'VE GOT SOME UPDATED NUMBERS AS OF THIS AFTERNOON THAT I WANTED TO MAKE SURE THAT I SHARED WITH YOU.

SO WHAT WE HAVE BEFORE YOU IS WE DO NOT CURRENTLY HAVE AN ALS AND BLS OR AN ADVANCED LIFE SUPPORT AND BASIC LIFE SUPPORT NON-EMERGENCY TRANSPORT FEE. AND OUR FEE SCHEDULE.

SO WE NEED THAT WHEN WE FIND OURSELVES IN THOSE SITUATIONS THAT WE TRANSPORT A PATIENT AND IT GOES THROUGH THE BILLING PROCESS, AND AT THE END OF THE BILLING PROCESS, IT'S DEEMED THAT THAT'S A NON-EMERGENCY TRANSPORT.

IT'S NOT OUR INTENTION TO TAKE THOSE UP FRONT, BUT SOMETIMES EVEN FROM THE EMERGENCY ROOM, WE'LL FIND OURSELVES IN THAT SITUATION.

OR A 911 CALL COULD COME IN AT ONE OF THE NURSING HOMES AND THEN LATER BE DEEMED ONCE IT'S BILLED OUT THAT IT'S A NON-EMERGENCY CALL.

SO BESIDES THAT, WE WANT TO TALK THROUGH WHAT OUR NUMBERS HAVE BEEN SO FAR AND THEN WHAT IS OUR CURRENT FEE SCHEDULE AND THEN THE ADDITIONAL FEE SCHEDULE TO ADOPT AND THEN COMPARE OURSELVES TO SOME OF OUR OTHER MUNICIPALITIES AROUND US THAT ARE DOING THIS.

SO THIS SLIDE WAS IN MY LAST PRESENTATION WHEN WE WERE TALKING ABOUT TRANSFERS.

SO IT'S JUST A QUICK REMINDER OF THE DIFFERENCE BETWEEN AN EMERGENCY TRANSPORT AND A NON-EMERGENCY TRANSPORT.

AN EMERGENCY TRANSPORT WOULD BE WHAT YOU WOULD THINK.

YOU KNOW, SOMEONE CALLS 911 OR AN INTERFACILITY TRANSFER TRANSFER FROM ONE FACILITY TO ANOTHER THAT REQUIRES EMERGENCY TREATMENT.

YOU KNOW THAT FROM ONE FACILITY THAT HAS A HIGHER CARE NEEDED.

NON-EMERGENCY TRANSPORTS ARE WHERE IT GETS MORE VAGUE AND DIFFICULT TO REALLY KNOW AND UNDERSTAND ON THE FRONT END THAT THEY'RE GOING TO BE A NON-EMERGENCY TRANSPORT, BECAUSE IT'S BASED ON WHAT THE DOCTOR PUT IN THE NOTES AND WHAT THE THE PARAMEDICS AND EMTS PUT IN THEIR NOTES, AND WHAT SKILLS MAY OR MAY NOT HAVE BEEN PERFORMED, THOSE KINDS OF THINGS. SO IT GETS IT GETS A LITTLE BIT MORE DIFFICULT ON THE FRONT END TO KNOW WHETHER OR NOT IT'S A NON-EMERGENCY TRANSPORT.

SO THIS IS WHERE MY SLIDESHOW IS DIFFERENT THAN WHAT YOU HAD IN YOUR PACKET.

WE HAD TO GET WITH THE MERGER ICON TO GET THE MOST UPDATED NUMBERS OF WHAT ACTUALLY HAS BEEN BILLED OUT AS NON-EMERGENCY.

AND AS YOU KNOW, WE STARTED IN OCTOBER.

BUT THE WAY YOU GET GOING AND STARTED IN THIS BUSINESS, NOT EVERYTHING TURNS ON AUTOMATICALLY.

SO BILLING HAS TO LAG BEHIND A LITTLE BIT.

SO THEY COULDN'T EVEN START REALLY DOING OUR BILLING UNTIL NOVEMBER 1ST.

AND SO BILLING RUNS TYPICALLY CLOSE TO A MONTH BEHIND.

SO WE'RE JUST NOW STARTING TO UNDERSTAND OUR NUMBERS A LITTLE BIT BETTER.

SO AS OF THE LATEST NUMBERS THAT I GOT THIS AFTERNOON, WE'VE HAD 23 NON-EMERGENCY TRANSPORTS THAT BURLESON HAS HAS DONE.

NOW CAREFLIGHT HAS DONE THOSE AS WELL.

I DON'T KNOW THE NUMBERS FOR THEM.

THEY HAVE THEIR OWN FEE SCHEDULE.

SO, UM, YOU KNOW, THIS DOESN'T IMPACT THEIR THEIR CAPABILITY TO BILL.

AND AGAIN, AS A REMINDER, OUR POLICY IS FOR NON-EMERGENCY INTERFACILITY TRANSPORTS AND ALL INTER-FACILITY TRANSPORTS THAT CAN BE TO BE DEDICATED TO CAREFLIGHT AT THIS POINT. UH, WE'RE OPERATING THAT WAY.

[01:35:03]

SINCE THE LAST COUNCIL MEETING THAT I CAME AND PRESENTED THAT TO YOU.

AND THAT'S THAT'S GOING WELL.

BUT ON OCCASION, WE DO FIND OURSELVES IN THE SITUATION WHERE WE NEED TO PROVIDE THAT SERVICE.

EITHER THE SYSTEM IS OVERWHELMED AND SOMEONE NEEDS TO BE TRANSPORTED OUT IMMEDIATELY, OR CARE FLIGHTS OVERWHELMED, AND THEY CAN'T GET TO IT, AND IT NEEDS TO BE TAKEN CARE OF IN A TIMELY FASHION.

SO THE CURRENT ADOPTED FEE SCHEDULE IS WHAT'S HERE BEFORE YOU.

AND AS YOU CAN SEE HERE, THE DIFFERENT FEE SCHEDULES THAT WE'VE ALREADY ADOPTED.

AND I'LL MAKE NOTE OF TWO OF THEM HERE ALS OR ALS EMERGENT IS, YOU KNOW, WHEN A PATIENT HAS A MORE CRITICAL NEED AND A PARAMEDIC IS REQUIRED FOR THAT TREATMENT, AND THEN ALS AN EMERGENCY TRANSPORT PROVIDED BY A CERTIFIED EMT, WHICH IS, YOU KNOW, JUST NOT AS MUCH, UM, SKILLS OR UM.

PROCEDURES THAT ARE TAKEN INTO ACCOUNT WHENEVER IT'S AT A BASIC LEVEL.

SO WHAT WE'RE ASKING.

TO ADD IS THE ALS NON-EMERGENT AND BLS NON-EMERGENT.

WE'RE ASKING TO KEEP THAT FEE SCHEDULE IN THE SAME LINE AS WITH THE ALS, E AND THE BLS E, AND THE REASON BEING IS THE SAME AMBULANCE WITH THE SAME CREW WITH THE SAME RESOURCES IS GOING TO SHOW UP AND TAKE CARE OF THAT PATIENT.

SO FROM TALKING TO A MAGICIAN AND DOING SOME COMPARISON, WE FELT LIKE THAT WAS THE SAME SERVICE BEING PROVIDED.

WHEN WE FOUND OURSELVES IN THOSE SITUATIONS, THERE WAS NOTHING REALLY CHANGING OTHER THAN IT JUST GOT BILLED OUT DIFFERENTLY.

BUT THE SAME RESOURCES WERE INVOLVED WITH THAT.

AND HONESTLY, I PUT A LITTLE STATEMENT HERE TO THE LEFT HERE THAT THE ADDITIONS TO THE FEE SCHEDULES WERE RECOMMENDED BY AMERICAN.

IT IS CRUCIAL TO EMPHASIZE THAT THE WORK INVOLVED IN NON-EMERGENCY TRANSPORT IS JUST AS INTRICATE, AND THAT THE REQUIRED FOR AN EMERGENT TRANSPORT, IN FACT, NON-EMERGENCY TRANSPORTS ARE OFTEN ENTAIL MORE EXTENSIVE PAPERWORK TO ESTABLISH MEDICAL NECESSITY AND DEMAND GREATER INVESTMENT OF TIME.

OUR RATIONALE FOR MAINTAINING A CONSISTENT FEE SCHEDULE FOR BOTH TYPES OF TRANSPORTS, DESPITE DIFFERENCE IN COMPLEXITY, IS GROUNDED IN THE FACT THAT THEY ARE NECESSITATE THE SAME LEVEL OF SERVICE, AND UTILIZE THE SAME RESOURCES.

SO THESE ARE THE COMPARISONS.

SO I PUT BURLESON PROPOSED HERE.

YOU CAN SEE CROWLEY NEXT TO US.

UM, THEY'RE AT 1714 HUNDRED MIDLOTHIAN'S, A LITTLE BIT LESS AT 1400 AND 1300.

PECAN PLANTATIONS AT CLOSE TO 1612 HUNDRED.

MAHIA IS AT CLOSE TO 1300 FOR BOTH.

PARKER COUNTY AT 1513 50 FOR BOTH, AND THEN MEDSTAR, JUST A LITTLE OVER $1,000 FOR EACH.

UM, AND AGAIN, THE RECOMMENDATION THAT WE HAD WAS THAT WE'RE PROVIDING THE SAME SERVICE EITHER WAY WITH OUR UNIT.

WE'RE NOT SPECIALLY STAFFING A UNIT TO GO AND DO INTER-FACILITY TRANSFERS LIKE SOME OTHER AGENCIES MAY BE ABLE TO.

SO THEY MAY NOT CARRY AS MUCH EQUIPMENT OR HAVE THE SAME LEVEL OF STAFF ON THOSE UNITS.

SO THAT'S WHERE WE CAME WITH THIS CURRENT RECOMMENDATION.

SO THE ACTION BEFORE YOU IS WE.

STAFF RECOMMENDS COUNCIL APPROVE AMENDING THE EMERGENCY MEDICAL AND AMBULANCE BILLING POLICY AS PRESENTED, AS WELL AS THE EMS ORDINANCE CHANGE.

NOW IT'S IT'S AT THE COUNCIL'S PURVIEW TO, UM, SET THIS FEE SCHEDULE.

SO I'M OPEN TO ANSWER ANY QUESTIONS THAT YOU MAY HAVE OR I DO HAVE ONE.

WE I KNOW WHEN WE FIRST STARTED THE PROGRAM, WE SAID THAT CERTAIN SENIOR CITIZENS, UH, INSURANCE WOULD BE ACCEPTED, WHATEVER THAT NUMBER IS.

IS THAT STILL THE CASE WITH THE NEW POLICY? SO OBVIOUSLY WE BILL THE INSURANCE THAT THEY MAY HAVE.

WE ALSO WOULD BILL MEDICARE AND MEDICAID.

SO I THINK WHAT YOU MAY BE REFERENCING IS MEDICARE MEDICAID RATES.

MEDICARE MEDICAID RATES ARE SET BY THE FEDERAL GOVERNMENT, AND THEY PAY WHAT THEY PAY IRREGARDLESS OF WHAT THIS FEE SCHEDULE IS.

SO WHAT THIS AFFECTS IS PRIVATE INSURANCE PAYER AND PRIVATE PAYERS OKAY.

YES, SIR. THANK YOU.

YES, SIR. ANYBODY ELSE.

OKAY. SO WE'RE ALREADY GOING TO GO AHEAD.

WE HADN'T LISTENED TO THE SECOND PRESENTATION YET HAVE WE.

SO SO WE'LL DO WE'LL NEED A MOTION ON ITEM SEVEN D THE RESOLUTION AMENDING THE EMERGENCY MEDICAL AND AMBULANCE SERVICES.

GO AHEAD AND DO THAT THEN. IS THERE A MOTION ON THIS.

MOVE TO APPROVE.

I HAVE A MOTION BY ADAM A SECOND BY VICTORIA.

PLEASE VOTE. PASSES.

UNANIMOUS. THANK YOU, MAYOR AND COUNCIL.

NOW, IF YOU COULD, UM.

MAKE A MOTION ON ITEM SEVEN E THE ORDINANCE AMENDING THE CITY'S FEE SCHEDULE.

[01:40:09]

I HAVE A MOTION BY RONNIE.

A SECOND BY FIELD. PLEASE VOTE.

SO IF YOU JUST VERBALLY TELL US WHAT YOUR VOTE IS.

THANK YOU. PASSES UNANIMOUS.

THANK YOU, MAYOR AND COUNCIL. I APPRECIATE THE SUPPORT.

ITEM SEVEN F IS UP.

NEXT, CONSIDER APPROVAL OF AN ORDINANCE AMENDING THE ANNUAL CITY'S BUDGET FOR FISCAL YEAR 2023 2024, BY INCREASE IN APPROPRIATIONS TO VARIOUS FUNDS FOR ROLLING

[7.F. Consider approval of an ordinance amending the annual City budget for Fiscal Year 2023-24 (CSO#5214-09-2023) by increasing appropriations to various funds for rolling forward encumbrances from the prior year to accommodate current purchase orders. (First and Final Readling) (Staff Presenter: Harlan Jefferson, Deputy City Manager)]

FORWARD ENCUMBRANCES FROM THE PRIOR YEAR TO ACCOMMODATE CURRENT PURCHASE ORDERS.

THIS IS BEFORE CITY COUNCIL ON FIRST AND FINAL READING.

THE STAFF PRESENTED THIS EVENING IS HARLAN JEFFERSON, DEPUTY CITY MANAGER.

MR. JEFFERSON. THANK YOU, MISS CAMPOS.

GOOD EVENING, MAYOR. MEMBERS OF THE COUNCIL.

HAVE A BRIEF PRESENTATION FOR YOU TONIGHT.

FIRST, I PLAN TO DISCUSS THE PURPOSE OF THE BUDGET AMENDMENT.

THEN WE'LL TALK ABOUT THE ACCOUNTING FOR ENCUMBRANCES.

THEN I'LL COMPARE THE ACCRUAL BASIS VERSUS MODIFIED ACCRUAL BASIS ACCOUNTING METHODS.

THEN WE'LL TALK ABOUT THE FISCAL IMPACT OF MAGNITUDE OF THE ACTUAL BUDGET AMENDMENT.

AND THEN WE'LL WRAP UP BY SHOWING YOU A LIST OF OF THE ACTUAL OPEN POSE OR THOSE THAT WE'RE PROPOSING TO ROLL.

THE PURPOSE OF THE BUDGET AMENDMENT IS TO OBTAIN AUTHORIZATION TO CHANGE THE AUTHORIZATION FROM THE COUNCIL TO MAKE THE CHANGES THAT THE ACCOUNTING SYSTEM HAS ALREADY MADE. UM, FOR THE PURPOSE OF THE PRESENTATION, WE'LL USE THE TERMS ENCUMBRANCE, PURCHASE ORDERS AND OPEN CONTRACTS INTERCHANGEABLY.

WHENEVER WE ROLL ENCUMBRANCES FROM ONE YEAR TO THE NEXT, THEN THE ACCOUNTING SYSTEM AUTOMATICALLY AS PART OF THE YEAR END CLOSING PROCESS, PRODUCES A REDUCTION IN EXPENDITURES FOR THE PRIOR FISCAL YEAR, THAT BEING FISCAL YEAR 2223, AND THEN BY OFFSETTING AMOUNT AND INCREASE THE BUDGET FOR THE NEXT FISCAL YEAR, AND THAT BEING FISCAL YEAR 2324.

IN THIS CASE, THEREFORE, WE'RE JUST ASKING THE COUNCIL TO DO A FORMAL BUDGET AMENDMENT TO MATCH UP WITH WHAT THEIR ACCOUNTING SYSTEM HAS ALREADY DONE.

I WANT TO POINT OUT THAT THIS DOESN'T APPLY TO THE THE CAPITAL FUNDS BECAUSE THOSE ARE MULTI YEAR FUNDS.

SO THE PURCHASE ORDERS ARE AUTOMATICALLY CONTINUE TO EXIST.

WE'RE ONLY REFERRING TO THE OPERATING FUNDS.

AND FINALLY TIME IS OF THE ESSENCE BECAUSE WE LIKE TO START PRODUCING MONTHLY FINANCIAL REPORTS FOR THE COUNCIL.

AND IF WE DO IT NOW THEN THE COUNTY SYSTEM IS GOING TO GIVE US BUDGET NUMBERS.

THAT'S INCONSISTENT WITH THE BUDGET BOOK OR WHAT YOU AUTHORIZED BACK IN SEPTEMBER.

SO WE WANT TO GET THOSE TWO THINGS ALIGNED.

IN TERMS OF ACCOUNTING FOR ENCUMBRANCES, ENCUMBRANCES, BASICALLY VIRTUAL EXPENDITURES.

AND THEY EXIST BETWEEN THE TIMES THAT WE ISSUE A PO OR PURCHASE ORDER UNTIL THE TIME THAT THE SERVICE IS PROVIDED OR THE CONTRACT IS IS MET AND PAYMENT IS MADE. AND BASICALLY WE USE THEM TO CONTROL EXPENDITURE COMMITMENTS AS WELL AS ENHANCED CASH MANAGEMENT THROUGHOUT THE YEAR.

AND VINEYARDS PREFER THAT WE USE PURCHASE ORDERS, BECAUSE IT SHOWS THAT WE MADE A COMMITMENT FOR THE SERVICES THAT WE CONTRACTED WITH.

THEY GO OUT AND MAKE EXPENDITURES, AND THEY WANT TO MAKE SURE THEY HAVE A COMFORT LEVEL THAT WE'RE GOING TO MEET THOSE OBLIGATIONS WHEN THE SERVICES IS ACTUALLY PROVIDED.

NOW IN TERMS OF THE DIFFERENT ACCRUAL METHODS, THE THE BASIC ACCRUAL METHODS PRIMARILY USED IN THE PRIVATE SECTOR.

AND WHEN THEY ISSUE PURCHASE ORDERS, THOSE THINGS EXIST THROUGHOUT THE FISCAL YEAR.

BUT AT THE END OF THE FISCAL YEAR, THEY'RE CLOSED THOSE OUT, AND THE NEXT YEAR THEY TEND TO START ANEW AND FRESH.

BUT ON THE GOVERNMENTAL SIDE, WE ISSUE PURCHASE ORDERS AND THEY GO OUT THROUGHOUT THE YEAR, AND MOST OF THEM ARE TERMINATED BY THE END OF THE FISCAL YEAR, PROBABLY OVER 98% ARE, BUT THERE ARE FEW THAT WOULD EXTEND OVER SIMPLY BECAUSE OF THE NATURE OF THOSE ITEMS AND THOSE WE WOULD ROLL INTO THE NEXT FISCAL YEAR.

AND THAT'S WHY WE'RE HERE TODAY.

AND TO GIVE YOU AN EXAMPLE OF NINE OF THE PURCHASE ORDERS THEY WERE REQUESTING THAT YOU ROLL OVER OR FOR VEHICLES AND EQUIPMENT.

AND SINCE THE PANDEMIC, AND THEN EVEN WITH THE UAW STRIKE, THE DELIVERY TIME FRAME FOR VEHICLES HAS CONSTANTLY EXTENDED.

SO IF WE WERE PURCHASING A SEDAN OR PICKUP OR A TAHOE, WE COULD EXPECT THE 9 TO 12 MONTH DELIVERY SCHEDULE IF WE WERE PURCHASING LARGE APPARATUS FOR THE FIRE DEPARTMENT OR THE MOBILE COMMAND POST FOR THE POLICE DEPARTMENT OR POLICE DEPARTMENT OR HEAVY EQUIPMENT FOR PUBLIC WORKS, WE COULD EXPECT CLOSER TO A TWO YEAR DELIVERY SCHEDULE FOR THOSE ITEMS. SO IN THE BUDGET YEAR IN WHICH YOU MAKE THOSE COMMITMENTS, WE JUST USE THE ENCUMBRANCE TO ROLL OVER UNTIL THE TIME THOSE THINGS ARE ACTUALLY DELIVERED.

[01:45:08]

IN TERMS OF FISCAL IMPACT.

YOU'LL SEE WE'RE TALKING ABOUT ALMOST 4.2 MILLION TOTAL IN A GENERAL FUND.

THAT'S A LITTLE OVER $1 MILLION.

THE MEDICAL TRANSPORT IS OVER $4,400.

THE ARPA FUNDING, WHICH IS THE LARGER GRANT FUNDING, WE RECEIVED ALMOST $2.3 MILLION.

THE EQUIPMENT REPLACEMENT FUND FOR GOVERNMENTAL OVER 407,000, EQUIPMENT REPLACEMENT FUND FOR PROPRIETARIES, OVER 250,000, AND THEN FOR THE SUPPORT SERVICES FUND, AND IT IS OVER 218,000.

AND THEN THIS CONTAINS A LIST OF THE ACTUAL PURCHASE ORDERS FOR THE GENERAL GOVERNMENT FUND OR A GENERAL FUND.

THE FIRST ONE FOR THE WITH MOSAIC FOR RECRUITMENT EXPENSES.

THAT WAS FOR POSITIONS IN THE FINANCE DEPARTMENT.

SO WE'VE ACTUALLY RECEIVED ALL THE SERVICES WE'VE EXPECTED.

WE'VE CLOSED OUT THAT PO AND IT CAME IN $6,100 UNDER BUDGET FOR THE FIRE DEPARTMENT, THE MOTOROLA RADIOS, THE 23 RADIOS, THOSE HAVE BEEN RECEIVED AND PAID FOR.

SO THAT PURCHASE ORDER HAS BEEN CLOSED OUT.

THE INTER MOUNTAIN SLURRY SEAL, THAT PROJECT IS ALSO BEING COMPLETED NOW.

WE HAD A SAVINGS ABOUT 2020 $1,000 IN THAT ONE.

SO THAT PROJECT IS BEING CLOSED OUT AND SO HAS THE LAST ONE ON THE LIST FOR CONSTRUCTION MATERIAL TESTING.

THE MEDICAL SUPPLIES FOR THE MEDICAL TRANSPORT FUNDS THOSE HAVE BEEN PURCHASED AND RECEIVED, SO THAT PURCHASE ORDER HAS BEEN CLOSED OUT AS WELL.

UH, IN TERMS OF THE ARPA FUNDING, ALL OF THESE ARE STILL OPEN.

THE VEHICLES AND EQUIPMENT AND TRANSPORT, ALL THAT IS EXPECTED TO ARRIVE THIS SPRING.

AND THEN THE CAT PROJECT, WE THINK THAT'S GOING TO GO ON FOR APPROXIMATELY ANOTHER, UH, COUPLE OF YEARS BEFORE WE CLOSE THAT PURCHASE ORDER.

AND THEN WITH THIS VEHICLE EQUIPMENT FUND, THE THE ATTACHMENT FOR THE SNOW PLOW, THAT ONE HAS BEEN RECEIVED AND CLOSED OUT.

AND THE OTHER PROJECTS ARE EXPECTED TO.

OTHER ITEMS ARE EXPECTED TO ARRIVE THIS SPRING AS WELL.

AND THEN WITH THIS ONE, THESE ARE VEHICLES ARE ALSO EXPECTED.

THESE FOUR PICKUPS ARE EXPECTED TO ARRIVE THIS SPRING.

AND THE FINAL ITEM IS THE TECHNOLOGY EXPENDITURE FOR THE UPGRADE OF FOR THE ENTERPRISE FUND.

ENTERPRISE RESOURCE PLANNING.

UH, WE'VE CLOSED OUT MOST OF THIS ITEM.

WE HAVE LIKE 84, $85,000 REMAINING.

AND THAT'S FOR THE UPGRADES FOR UTILITY BILLING AS WELL AS HR AND PAYROLL.

UH, WITH THAT PRESENTATION, I'D BE HAPPY TO RESPOND TO ANY QUESTIONS YOU HAVE.

ANYBODY. I GUESS WE'RE READY FOR A MOTION.

MOVE TO APPROVE AS PRESENTED.

SECOND. I HAVE A MOTION BY ADAM.

A SECOND BY LARRY. PLEASE VOTE.

PASSES. UNANIMOUS.

THANK YOU, MAYOR AND COUNCIL.

THAT BRINGS US TO ITEM EIGHT A RECEIVE A REPORT, HOLD A DISCUSSION AND PROVIDE STAFF FEEDBACK REGARDING THE REDESIGN OF THE BRICK LOBBY.

[8.A. Receive a report, hold a discussion and provide staff feedback regarding the redesign of the BRiCk lobby. (Staff Presenter: Jen Basham, Director of Parks and Recreation)]

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

MISS BASHAM. ALL RIGHT.

SO THIS PRESENTATION THIS EVENING IS JUST TO PROVIDE COUNCIL AN UPDATE WITH THE DIRECTION THAT WE'RE GOING.

SO BEFORE WE GET ANY FURTHER IN DESIGN, IF THERE'S ANY HESITATION OR FEEDBACK, WE WANT TO GET THAT ON THE FRONT END VERSUS ONCE WE'RE BRINGING YOU FINAL DESIGN.

UM, SO WE'RE GOING TO TALK A LITTLE BIT ABOUT THE SCOPE, OUR PROJECT TEAM AND TIMELINE.

YOU'LL SEE SOME RENDERINGS THIS EVENING.

THOSE ARE VERY PRELIMINARY.

THEY'RE JUST TO SHOW YOU THE FINAL SCOPE.

IT IS NOT FINAL COLOR.

IT IS NOT FINAL FLOORING COLOR.

UM, SO IF THERE'S SOMETHING THAT YOU REALLY DON'T LIKE ABOUT IT, DEFINITELY LET ME KNOW.

UM, BUT IT IS NOT INTENDED TO SAY THIS CHAIR WILL BE YELLOW, THIS FLOOR WILL BE WHITE OAK.

UM, SO WE JUST WANT TO SHOW YOU ESSENTIALLY WHAT THE NEW FLOW OF THE FACILITY WILL LOOK LIKE.

UM, SO THE SCOPE OF THE PROJECT IS NEW FLOORING AND PAINT IN THE LOBBY, MEETING ROOMS, POOL PARTY ROOMS AND THE FAMILY CHANGING ROOMS. UM, THE BIGGER THINGS WOULD BE WHERE OUR CURRENT CIRCULATION DESK IS, WHERE PEOPLE WOULD COME AND ACTUALLY GET MEMBERSHIPS AND WE WOULD DO OUR CASH HANDLING IS OFF TO THE SIDE RIGHT NOW, WHICH IS REALLY DIFFICULT FOR OUR FRONT DESK STAFF TO SEE WHAT'S GOING ON IN THE REST OF THE FACILITY.

SO WE WILL MOVE THAT BACK OUT TO THE CENTER, WHERE CURRENTLY THAT WE JUST WHAT WE CALL THE KIOSK IS JUST A CHECK IN FACILITY, BUT IT'S NOT A SAFE PLACE FOR US TO TAKE MONEY OR DO ANYTHING LIKE THAT.

SO IT NEEDS TO BE A LITTLE BIT MORE OF AN ENCLOSED, SAFE STRUCTURE.

[01:50:04]

SO WE'LL ENCLOSE THAT FRONT DESK AREA WHERE IT IS RIGHT NOW, RELOCATE THAT AND ACTUALLY TURN THAT INTO A CONFERENCE ROOM.

OUR STAFF DO NOT HAVE ANY LOCATION RIGHT NOW TO MEET UNLESS THEY KICK ME OUT OF MY OFFICE, WHICH IS TOTALLY FINE.

UM, BUT IT DOES MAKE IT DIFFICULT SOMETIMES BECAUSE THERE'S JUST NOWHERE FOR THEM TO GO.

UM, AND THEN THE OTHER AREA THAT WE'RE LOOKING AT IN CLOSING IS IF YOU HAVE WALKED INTO OUR LOBBY AND YOU SEE TO THE STAIRS IS THERE'S A DESK THERE THAT'S NOT USED FOR ANYTHING, IT'S ESSENTIALLY DEAD SPACE, BUT IT WOULD BE WONDERFUL FOR US FOR ADDITIONAL STORAGE.

SO WE'RE JUST GOING TO WALL THAT OFF.

UM, OUR STAFF STILL CLOCKS IN AND OUT BACK THERE, SO THAT PURPOSE WILL REMAIN, BUT IT WILL ALLOW US A LITTLE BIT OF SCREENING AND SECURITY WITHOUT TAKING AWAY ANY OF THE SIGHTLINES THAT WE'RE TRYING TO ESTABLISH.

THE THIRD BIG THING IN THE LOBBY IS WE WILL BE REMOVING THE BOULDER.

UM, THE BIG THING THAT WE SEE IN OUR LOBBY RIGHT NOW IS THAT THE THE BOULDER IS ESSENTIALLY USED AS A SEATING AREA FOR PEOPLE WHO ARE WAITING FOR A PROGRAM OR RENTAL, OR IT'S FOR KIDDOS TO RUN CIRCLES IN AND PULL ALL THE RUBBER MULCH OUT AND CHUCK IT INTO THE REST OF THE LOBBY.

UM, IT'S NEVER USED AS A BOULDER.

IT'S TOO SHORT TO BELAY OR REPEL FROM.

UM, IT'S TOO TALL FOR LITTLES, SO IT'S THE PERFECT HEIGHT TO ACCOMPLISH.

NOT A LOT.

UM, BUT IT IS A DIFFICULT THING FOR US BECAUSE IT'S A GREAT WAY FOR PEOPLE TO SNEAK AROUND WHEN WE CAN'T SEE AND TRY TO SNEAK INTO THE FACILITY.

UM, FRONT DESK STAFF CAN'T SEE IF THERE'S ANYBODY TO THE OTHER SIDE.

SO WE'RE LOOKING AT REPLACING THAT AREA WITH A SEATING AREA.

AND THEN WHERE WE CURRENTLY HAVE VENDING MACHINES AND SOME SEATING AROUND THE BACK, WE'LL TURN THAT INTO AN AREA BECAUSE WE DON'T WANT TO ELIMINATE THE OPPORTUNITY FOR PLAY FOR KIDDOS AND FOR PARENTS WHEN THEY'RE TRYING TO HAVE A CONVERSATION FOR THEIR KIDDOS TO HAVE SOMETHING WHERE OUR REC CENTER.

UM, SO WE'LL PUT SOME PLAY FEATURES TOWARDS THE BACK.

SO OUR PROJECT AND TIMELINE.

SO THIS KIND OF SHOWS YOU AGAIN JUST A IF I'M IN THE VERY BACK AND SAY I'M FACING THE OR I'M WITH MY BACK TO THE AQUATIC AREA, THERE'LL BE A LITTLE BIT OF AN AREA FOR KIDDOS TO PLAY.

THIS IS WHERE THE BOULDER IS EXISTING.

AS YOU CAN SEE, YOU CAN SEE THE ATRIUM UP INTO THE SECOND STORY.

UM, YOU'LL SEE OVER HERE THAT NOW THAT'S CLOSED IN AS A CONFERENCE ROOM, IT WILL ACTUALLY STILL BE GLASS SO THEY CAN STILL SEE OUT.

SO IF THERE WAS EVER NEED TO HELP AT THE CIRCULATION DESK, WE WOULD ABSOLUTELY BE ABLE TO DO THAT.

AND THEN IN FRONT OF THE SEATING AREA IS WHERE ALL OF OUR STAFF WILL BE LOCATED.

SO WHEN PEOPLE WALK INTO OUR FACILITY, THEY'LL GET THAT WARM RECEPTION OF, HEY, THERE'S PEOPLE THAT WORK HERE, AND IT'LL ALSO BE UPDATING OUR WAYFINDING SIGNAGE.

SO WHEN YOU WALK INTO OUR FACILITY, ONE OF THE THINGS IS YOU, THERE'S A LOT OF DIRECTIONS YOU CAN PICK, BUT YOU DON'T KNOW EXACTLY WHERE YOU'RE GOING.

SO WE'LL MAKE SURE THAT OUR WAYFINDING IS INCORPORATED WITHIN THIS.

UM, THE BIGGER THING THAT WE WANTED TO MAKE SURE THAT COUNCIL IS AWARE OF THIS EVENING IS THAT WHEN WE STARTED THIS, THIS WAS THE ONLY PROJECT WE WERE DOING AT THE BRICK.

AND THEN WHEN WE REDID THE CIP, UM, AND WE ADDED ALL THE OTHER PROJECTS, WE REALLY THOUGHT, MAN, WE'RE GOING TO HAVE A LOT OF DIFFERENT SUBS COMING IN HERE SIMULTANEOUSLY, AND THAT'S GOING TO BE A MASSIVE UNDERTAKING.

AND AND WE JUST KNOW THAT ONE PLUMBER IS GOING TO TURN SOMETHING OFF AT THE SAME TIME AN ELECTRICIAN DOES.

AND WE'RE GOING TO HAVE ALL KINDS OF ISSUES.

UM, SO WE SOLICITED FOR A CONSTRUCTION MANAGER AT RISK.

WE ARE FINALIZING THAT CONTRACT RIGHT NOW, BUT THEY WILL MANAGE NOT ONLY THE REMODEL OF THE LOBBY, BUT THEY'LL REMODEL.

THEY'LL DO ALL OF THE TIMING FOR THE HVAC REPLACEMENT, THE DESERT AIR SYSTEM, THE INDOOR POOL REPLASTER AND THE INDOOR POOL SAND FILTER REPLACEMENT.

THEY'LL BE ON ON SITE DOING ALL OF THE STAGING, AND THE FIRST THING THAT WE WILL BEGIN CONSTRUCTION IN WILL ACTUALLY BE BEFORE THE LOBBY WILL BE OUR AQUATIC FACILITY. WE'RE SHOOTING FOR AUGUST, UM, BECAUSE THEN WE WOULD STILL BE ABLE TO UTILIZE THE OUTDOOR POOL FOR A LONGER SEASON WHILE WE'RE DOING SOME OF THAT INDOOR POOL WORK. UM, THAT'S IF ALL THE STARS ALIGN.

THAT'S OUR GOAL. BUT SO WE'RE GETTING TO WORK ON THAT.

BUT THE CONSTRUCTION FOR THIS PORTION OF IT, WHICH THE FIRM THAT WE HAVE SELECTED, SPECIALIZES IN KEEPING FACILITIES OPERATIONAL WHILE THEY'RE DOING THIS.

AND SO THAT WAS OUR BIG THING WAS HOW DO WE MAKE THIS A SAFE SPACE SO THAT OUR MEMBERS CAN STILL ENJOY THE FACILITY WHILE WE'RE DOING ALL OF THIS MASSIVE OVERHAUL? AND THE FIRM THAT WE'VE SELECTED, UM, SPECIALIZES IN THAT.

AND SO THAT'S WHO WE'RE GOING TO MOVE FORWARD WITH.

SO THAT HOPEFULLY THE ONLY TIME WE WILL SHUT ANYTHING DOWN IS THE AQUATICS AREA.

UM, AND THAT WILL BE WILL STILL HAVE THE SPLASH PAD AND THE OUTDOOR POOL AT THAT TIME.

SO THIS PART WILL START IN NOVEMBER.

WE'RE THINKING ABOUT A THREE MONTH TIMELINE THAT WE'LL HAVE SOME DISRUPTION ON THE INTERIOR OF THE FACILITY.

UM, THIS IS THE BUDGET FOR EVERYTHING THAT WE'LL BE DOING.

BUT THE REMODEL THAT WE'RE TALKING ABOUT THIS EVENING, JUST THE LOBBY PORTION ALONE IS A LITTLE OVER 500,000.

AND ONCE YOU ADD IT UP, ALL THESE PROJECTS TOGETHER, WE'RE LOOKING AT A LITTLE OVER $5 MILLION PROJECT.

ANY FEEDBACK.

[01:55:01]

AND IF YOU WANT ME TO WALK THROUGH THIS FLOOR PLAN, I CAN, BECAUSE IT GETS A LITTLE CONFUSING.

SO THIS IS ACTUALLY.

THE GALLERY. SO AS YOU WALK IN THE FACILITY, THIS IS THE AREA WILL BE CLOSING IN.

THIS WILL BE OUR NEW FRONT DESK, OUR NEW SEATING AREA, A LITTLE PLAY AREA.

THESE ARE OUR PARTY RENTAL ROOMS. OUR MEETING ROOMS UP HERE.

THIS IS KIDS ZONE.

THIS IS THE WHAT WE CALL THE POINT OF SALE AREA THAT WILL BE TURNING INTO STORAGE.

AND THEN OF COURSE, THIS AREA EXITS OVER TO OUR LOCKER ROOMS AND OUR COURTS.

JEN WE TALKED ABOUT WAS, ARE THEY GOING TO HAVE TO RECONFIGURE ANYTHING WITH THE NEW AIR CONDITIONING SYSTEM, OR ARE THEY GOING TO HAVE TO DEMO A WALL TO WHERE THEY CAN PULL THE CHLORINE ACROSS THE WATER? SO WE'RE ACTUALLY WE WHEN WE DID OUR SOLICITATION FOR A CMA, THEY'LL HANDLE THE CIVIL.

SO THAT'S TBD AT THIS POINT.

OKAY. GOOD. ANYBODY ELSE.

EXCELLENT. ANY INPUT? OKAY. I REALLY APPRECIATE THAT YOU'RE GOING THAT YOU'RE UTILIZING THAT BACKSPACE TO I MEAN, WE KNOW PEOPLE ARE GOING TO BE WAITING FOR CLASSES AND THINGS TO START.

AND SO I'M GLAD YOU'RE NOT OVERLOOKING THAT.

THEY STILL WILL NEED SOMEWHERE TO GO AND SOME TYPE OF DISTRACTION WHILE THEY'RE WAITING.

AND I WOULD MUCH RATHER MY CHILDREN PLAY ON SOMETHING THAT'S MEANT TO BE PLAYED ON.

THEN THROW THOSE WOOD.

THOSE FAKE WOOD CHIPS OR RUN AROUND.

I MEAN, IT'S IT'S ALL THERE.

AND THEY JUST IT'S IT'S JUST LIKE PRIME FOR CRAZINESS.

SO IT'LL BE MUCH BETTER TO TAKE THAT AWAY, REMOVE THAT OBSTRUCTION AND, AND TRULY MAKE THE BEST USE OF THE SPACE.

I THINK THAT'S WHAT MOST EXCITED ABOUT TO SEE THAT WE'RE UTILIZING ALL OF THE SPACE TO THE BEST OF OUR ABILITY.

THANK YOU. AND I'M REALLY GLAD YOU'RE GETTING RID OF THE CLIMATE DEAL.

I'VE SEEN KIDS GRAB THAT WITHOUT THE ROPE, WITHOUT ANYTHING AND START UP, AND I'M THINKING THEY'RE GOING TO FALL AND GET HURT.

YES. ALL RIGHT, WELL.

THANK YOU. THANK YOU.

JEN. NEXT ITEM IS EIGHT B RECEIVE A REPORT, HOLD A DISCUSSION AND PROVIDE FEEDBACK ON THE MAY

[8.B. Receive a report, hold a discussion, and provide feedback on the May 2024 General Election for Council Places 1, 3, and 5. (Staff Presenter: Amanda Campos, City Secretary)]

2024 GENERAL ELECTION FOR COUNCIL PLACES ONE, THREE AND FIVE.

STAFF PRESENTER AMANDA CAMPOS, CITY SECRETARY.

SO IT'S THAT TIME OF YEAR AGAIN.

MAYOR, COUNCIL.

YOU'RE EXCITED. WE'RE ALL EXCITED.

ELECTIONS! WOO HOO! COME ON Y'ALL.

I KNOW IT'S BEEN A LONG EVENING, BUT LET'S TALK ELECTIONS JUST TO GET THE PARTY STARTED.

SO THIS IS THE ELECTION CALENDAR FOR THE CITIES, FOR THIS FISCAL, FOR THIS YEAR, FOR THIS CALENDAR YEAR, FOR 2024.

THERE'S A MAY ELECTION.

UH, MAY 4TH. SO IF YOU SEE THERE THE LAST DAY TO ORDER ELECTION WILL BE FEBRUARY 16TH.

AND THEN YOU CAN SEE THERE ABOUT SOME IMPORTANT DATES THERE.

AND THIS IS MOSTLY JUST SO THAT THE PUBLIC CAN SEE THAT AND KIND OF REFERENCE ON THIS TO, UH, THE NEXT ELECTION WILL BE NOVEMBER 5TH.

AND THESE ARE GENERAL UNIFORM ELECTION DATES.

AND SO THE LAST DAY TO ORDER AN ELECTION FOR A NOVEMBER ELECTION WILL BE AUGUST 19TH.

AND THEN YOU CAN SEE THE REST OF THE STUFF THERE.

SO WHAT ARE WE GOING TO TALK ABOUT TONIGHT? TONIGHT WE'RE GOING TO HAVE SOME CONSIDERATIONS TO DISCUSS.

POLLING LOCATIONS, EARLY VOTING HOURS, JOINT ELECTION AGREEMENT WITH BUSD, YOUR ELECTION JUDGES, YOUR VOTING EQUIPMENT AND A CENTRAL COUNTY STATION, WHICH IS SOMETHING NEW, AND THE SIGNATURE VERIFICATION COMMITTEE, WHICH IS ALSO SOMETHING NEW THAT WE'VE NOT USED IN THE PAST.

AND ALL OF THIS DISCUSSION WILL BE RELATED TO MAY 4TH, 2024 GENERAL ELECTION.

AND ON THE BALLOT CURRENTLY RIGHT NOW IS COUNCIL PLACE ONE, THREE AND FIVE.

AND THEY'RE ALL FULL YEAR TERMS. SO LET'S TALK POLLING LOCATIONS.

THIS IS SOMETHING THAT WE DISCUSS EACH YEAR.

UM, AND I WOULD LIKE TO SAY THAT THIS YEAR WE ARE CONDUCTING OUR OWN ELECTIONS.

JOHNSON COUNTY ON EVEN NUMBERED YEARS CAN REFUSE TO CONTRACT WITH US, AND THEY HAVE REFUSED TO CONTRACT WITH US.

UM, THERE IS A TIMING PROBLEM FOR THEM WITH THE LIMITATION OF EQUIPMENT THAT THEY HAVE AND TURNING AROUND FROM THE MARCH PRIMARY.

[02:00:03]

SOUNDS LIKE THERE'S PLENTY OF TIME FOR MAY, BUT THEN THEY'LL HAVE A RUNOFF.

MAYBE. POSSIBLY.

AND IF THEY HAVE THE RUNOFF, THEN THAT RUNOFF HAPPENS THE SECOND TO THE LAST SATURDAY IN MAY, WHICH IS LIKE A TWO WEEK DIFFERENCE BETWEEN OUR GENERAL ELECTION AND THEIRS.

SO THEY'LL NEED TO BE GETTING READY FOR THAT, TOO.

SO THERE IS THAT OVERLAP FOR THEM.

UH, TARRANT COUNTY HAS AGREED TO RUN OUR ELECTIONS, BUT IT'S DIFFICULT IF WE CONTRACT WITH ONE AND NOT THE OTHER, BECAUSE THEN VOTERS ARE GOING TO BE SPLIT TO DECIDE WHICH COUNTY THEY'RE IN, TO DECIDE WHERE THEY'RE GOING TO VOTE.

SO, AS ALWAYS, UH, THIS IS THE SENIOR CITIZEN CENTER, WHICH IS WHAT WE USE LAST TIME FOR THE SPECIAL BOND ELECTION THAT WE HAD.

UM, WE WOULD USE THE SAME SETUP AND WE WOULD USE THE SAME IN AND OUT.

AND OF COURSE, WE KNOW THAT IT CAN HANDLE THE TRAFFIC.

WE USE IT IN THE ELECTION.

AND THEN IT'S ALSO WAS USED IN THE COVID VACCINATIONS AT THE VERY BEGINNING.

UM, AGAIN, CITY HALL IS AN OPTION THERE.

THE ONLY THING I WOULD SAY ABOUT CITY HALL IS REMEMBER THE DIFFICULTIES THAT WE HAVE IN WHERE PEOPLE ARE GOING TO PARK, TO CROSS THE STREET, THEY'D HAVE TO EITHER CROSS WORN OR THEY'RE GOING TO CROSS WILSON.

THAT WAS A CONCERN THAT WE HAD THE LAST TIME, WHICH IS WHY WE MOVED IT TO THE SENIOR CENTER.

THERE WAS CONSTRUCTION AT THE TIME, TOO.

NOW THERE'S NOT AS MUCH CONSTRUCTION, BUT I THINK WE WOULD ALL AGREE THAT THERE'S MORE TRAFFIC.

SO THE TRAFFIC IS INCREASING.

UM, ACTUALLY DURING THE DAY TOO, WHEREAS BEFORE MAYBE THE DAYTIME TRAFFIC WASN'T AS IMPACTFUL.

BUT THIS TIME, WITH ALL OF OUR BRAND NEW, WONDERFUL RESTAURANTS THAT WE HAVE ACROSS THE PLAZA THERE, THEY ARE CREATING SOME MORE TRAFFIC.

THE BRICK IS ALSO SOMETHING THAT WE COULD CONSIDER, UM, THAT WOULD HAVE AMPLE SPACE.

THERE'S AMPLE PARKING.

THERE'S NO DIFFICULTIES IN AND OUT THERE.

THE ONLY THING THAT I WOULD SAY IS THAT THE FACILITIES THAT WE HAVE TO USE, IF THEY'RE CITY FACILITIES, WE WILL HAVE TO SUSPEND OR RESCHEDULE SEVERAL OF THE EVENTS THAT ARE HAPPENING THERE.

SO COUNCIL MEMBER JOHNSON HAD, UM, EARLIER STATED THAT THE SENIOR CENTER IS NOW EXPANDING THEIR HOURS ON SATURDAY.

WHEN WE DO THIS, THAT WE TAKE UP THAT WHOLE BACK HALF.

SO ANY PROGRAM THAT THEY HAVE BACK THERE, THEY WOULD HAVE TO GET RID OF FOR, UM, APPROXIMATELY IT'S APPROXIMATELY A MONTH.

BUT IF WE HAVE A RUNOFF THEN THAT'S GOING TO RUN INTO JUNE.

AND SO THEN WE'D HAVE IT AGAIN.

SAME THING WITH THE BRICK AND THE SAME THING WITH CITY HALL.

WITH CITY HALL, WE WOULD RUN INTO THE ISSUE OF UM, COUNCIL MEETINGS.

WE'VE HAD TO MOVE COUNCIL MEETINGS BEFORE AND THEN ALSO PLAN AND ZONING MEETINGS.

AND ON THE BRICK THEY HAVE PROGRAMING THERE THAT THEY WOULD HAVE TO ALSO SUSPEND OR RESCHEDULE.

SO THIS YEAR I AM PROPOSING A BRAND NEW LOCATION THAT WE HAVE NEVER USED BEFORE, BUT HAS BEEN USED, UM, AS LONG AS I CAN REMEMBER, AS A POLLING LOCATION. AND THAT'S THE JOHNSON COUNTY SUB COURTHOUSE.

JOHNSON COUNTY COMMISSIONERS COURT I ATTENDED.

THE MAYOR AND I ATTENDED ONE OF THEIR MEETINGS AND ASKED IF THIS WOULD BE SOMETHING THAT I COULD PRESENT TO THE CITY COUNCIL AS AN OPTION, AS A POLLING LOCATION, AND THEY WERE ABSOLUTELY OKAY WITH DOING THAT.

THEY ARE MORE THAN HAPPY TO HELP AND ACCOMMODATE US.

THEY HAVE A SPECIFIC BUILT OUT SPACE ON THAT SECOND FLOOR.

THAT'S ALL THEY DO IN THAT.

THAT ROOM RIGHT THERE IS HOLD ELECTIONS.

IT'S AN EMPTY ROOM.

IT'S NOT A PROGRAMED ROOM.

SO THERE'S NO MOVING AROUND OF FURNITURE.

THERE'S NO THAT THEY HAVE EQUIPMENT THERE THAT THEY WOULD NEED TO MOVE.

SO THIS IS AN EASY SLIDE IN FOR US.

I WANT TO KEEP IN MIND THAT WE DO HAVE A PRIMARY THAT'S HAPPENING IN MARCH.

SO YOU'RE ALREADY GOING TO HAVE VOTERS THAT ARE GOING TO BE USED TO GOING TO THE JOHNSON COUNTY SUB COURTHOUSE FOR VOTING FOR THEIR PRIMARY, IF THEY'RE JOHNSON COUNTY PEOPLE.

AND SO MARCH THEY WOULD BE THERE, WOULD COME AGAIN WITH THE CITY.

AND I'LL TALK TO YOU LATER ABOUT THE SCHOOL DISTRICT.

WE'RE PROBABLY GOING TO CONTRACT WITH THEM.

IN FACT, I KNOW WE ARE.

AND THEN THEN AGAIN, IF THEY HAD A RUNOFF, THEN THEY USE THAT SAME LOCATION.

AND THEN IF WE HAVE A RUNOFF, WE'RE USING THAT SAME LOCATION.

SO WE'RE TRYING TO KEEP IT ALL CONSISTENT.

AND THEN WITH THE NOVEMBER ELECTION, THIS WILL BE THE POLLING PLACE THAT THE COUNTY WOULD USE ANYWAYS.

SO TRYING TO CON TO CONSIDER SOME.

CONTINUITY FOR VOTERS SO THAT THEY'RE NOT TRYING TO GUESS WHERE THEY NEED TO GO.

UM, OBVIOUSLY IT MEETS ALL OF THE REQUIREMENTS FOR THE STATE.

THAT'S WHY IT'S A POLLING LOCATION.

SO THAT MEANS ADA REQUIREMENTS SECURE.

UM, EVERYTHING ELSE IS IN THERE.

I WILL SAY THAT IF WE USE THEIR BUILDING, WE WILL NOT BE USING THE BURLESON POLICE DEPARTMENT FOR SECURITY.

WE WON'T BE USING THE MARSHALS.

AND I'VE ALREADY TALKED TO CHIEF CORDELL ABOUT THIS, AND I'VE ALSO TALKED TO THE COUNTY.

AND SO WE WOULD BE USING THE SHERIFF'S OFFICE FOR THIS.

SO WE WOULD HAVE TO PAY THE SHERIFF'S.

WE'RE GOING TO WORK OUT A RATE WITH THEM, BUT THERE IS NO CHARGE FOR ACTUALLY USING THE BUILDING.

[02:05:03]

SO THAT'S A THAT'S A PLUS.

SO THEY WON'T BE CHARGING US FOR USING THE BUILDING UNLESS WE'RE GOING TO BE OPEN ON HOURS THAT THEY ARE NOT NORMALLY OPEN.

AND THEN IT'S UP TO THEIR DISCRETION, WHICH I DON'T BELIEVE THEY INTEND TO CHARGE US FOR THOSE.

ONE OF THE THINGS FOR THE USING THE MARSHALS IS THE FACT THAT THEY'VE ALREADY GOT ACCESS TO THE BUILDING.

WE WOULDN'T HAVE TO BE CHANGING KEYS OR BE RESPONSIBLE FOR ANYTHING, AND IT'S JUST AN EASIER TRANSITION ON THEM.

AND I ALSO WANT TO THANK JUDGE BECKER FOR HOW RECEPTIVE AND THE COMMISSIONERS WERE.

YOU KNOW, THEY RECEIVED US, THEY UNDERSTAND OUR SITUATION AND THEY WERE ALL IN ON THIS.

SO I APPRECIATE THOSE GUYS TOO.

YES, SIR. UM, SO AND AND JUST SO YOU KNOW, OUR ELECTION PEOPLE ARE USED TO WORKING OUT OF THAT AREA, TOO, SO THEY KNOW WHERE THE RESTROOMS ARE. THEY THEY'RE COMFORTABLE WITH WHERE THAT'S PARKING IS.

IT'S SET UP AND EVERYTHING THAT WE WOULD NEED.

SO I DO NOT HAVE ANOTHER LOCATION TO SHOW YOU.

SO IF WE WOULD LIKE TO TALK ABOUT WHICH LOCATION THE COUNCIL WOULD WANT ME TO GO IN THE DIRECTION OF USING, NOW WOULD BE THE TIME TO TALK ABOUT THAT.

I LIKE SUB COURTHOUSE.

MAKES IT EASY. OKAY.

NO OBJECTIONS.

SO WE'LL GO FORWARD WITH THAT.

I'LL GET WITH THE COUNTY.

THEY'LL GIVE US A CONTRACT.

AND SO I'LL BE BRINGING FORWARD A CONTRACT.

WELL, IT'S AN INTERLOCAL AGREEMENT WITH THEM.

SO WE CAN MAKE SURE THAT WE'RE FOLLOWING ALL THE RULES AND WE'LL WE'LL GET THAT IN FRONT OF YOU ALL.

COUNCIL MEMBER ANDERSON RAISED A POINT OF I THINK IT WOULD JUST BE VERY IMPORTANT TO EDUCATE VOTERS THAT SINCE THIS IS A MUNICIPAL ELECTION, BOTH WHETHER YOU LIVE RESIDE IN JOHNSON OR TARRANT, YOU WILL VOTE IN FOR THIS PARTICULAR ELECTION AT THE SUB COURTHOUSE.

THAT THAT IS THAT IS SOMETHING WE BATTLE, NO MATTER WHERE WE HAVE IT.

IF WE WOULD HAVE IT AT THE SENIOR CENTER, IF WE WOULD HAVE IT AT CITY HALL, IF WE WOULD HAVE IT ANYWHERE, WE'RE ALWAYS GOING TO TELL OUR VOTERS THAT THAT'S GOING TO BE SOMETHING WE'RE GOING TO TRY TO GET ACROSS TO THEM.

AND I HAVE SAID THIS IN THE PAST AND I WILL SAY THIS AGAIN TO THE COUNCIL.

THE CANDIDATES AND THE ELECTED OFFICIALS ARE OUR BEST PR THAT WE HAVE OUT THERE TO TO DISPERSE INFORMATION.

I WILL DISPERSE INFORMATION ALL THAT I CAN, BUT PEOPLE AREN'T REALLY GOING TO BE GOING TO OUR WEBSITE OR OUR FACEBOOK PAGE.

THEY WILL EVERY ONCE IN A WHILE, BUT THEY'RE GOING TO BE LOOKING TO THE COUNCIL.

THEY'RE GOING TO BE LOOKING TO THE CANDIDATES WHO ARE RUNNING FOR THESE OFFICES TO PROVIDE THEM INFORMATION.

I DO A CANDIDATE TRAINING AFTER FILING PERIOD IS ENDED, SO I'LL GIVE YOU ALL THE INFORMATION YOU WOULD NEED AND ANY KIND OF MARKETING MATERIAL THAT YOU WOULD LIKE TO USE TO SAY, HERE'S WHERE YOU VOTE AT.

WE'RE GOING TO PUT UP MORE SIGNS THIS YEAR.

WE'RE GOING TO TRY TO GET PEOPLE, BUT I KNOW IT'S SOMETHING THAT WE'RE ALWAYS CHARGED WITH.

BUT THIS IS NOT UNIQUE TO THE CITY OF BURLESON.

THIS IS NOT UNIQUE TO ANY CITY.

WE WILL ALWAYS HAVE THAT.

AND TO TOP IT OFF, I MEAN, THIS IS SOMETHING THAT WE HAVE THAT BURLESON STRUGGLES WITH TWO COUNTIES, TWO SCHOOL DISTRICTS.

SO YOU CAN BE A CITY OF BURLESON RESIDENT AND YOUR CHILD COULD GO TO JOSHUA ISD.

WE WILL NOT BE HANDLING JOSHUA ISD ELECTIONS.

YOU COULD BE A BURLESON INDEPENDENT SCHOOL DISTRICT STUDENT AND LIVE IN THE CITY OF FORT WORTH, SO YOU WOULD NOT BE ABLE TO VOTE IN THE CITY OF BURLESON ELECTION.

SO EVERY VOTER THAT COMES THROUGH THE DOOR FOR US IS GOING TO HAVE A UNIQUE SITUATION AND NOT THE SAME, MAYBE EVEN FROM THEIR NEIGHBOR ACROSS THE STREET, BECAUSE THOSE LINES, YOU KNOW, CROSS THERE.

SO, UM, WE WILL TRY TO GET OUT AS MUCH AS WE CAN.

UM, WE'VE ALREADY STARTED, UH, DEANNA'S TEAM HAS STARTED THIS MORNING, AND THEY'RE PUSHING OUT, AND WE'LL KEEP PUSHING OUT.

SO I DON'T EVEN KNOW IF YOU GUYS HAVE SEEN THAT.

I MEAN, SHE PUSHED OUT ON FACEBOOK TODAY ON THE FILING PACKETS, BUT I DON'T KNOW WHAT'S THE PERCENTAGE OF PEOPLE THAT WE HIT WITH THAT.

BUT WE'LL KEEP GOING.

WE'RE GOING TO KEEP PUSHING IT OUT THERE.

EARLY VOTING HOURS.

WHAT EXACTLY IS MANDATED? SO MANDATED IS THEY MUST START THE 12TH DAY BEFORE THE ELECTION AND GO THROUGH THE FOURTH DAY BEFORE THE ELECTION.

THIS IS IN PERSON.

EARLY VOTING MUST BE CONDUCTED AT LEAST NINE HOURS EACH WEEKDAY.

AND THE AUTHORITY ORDERING THE ELECTION MAY PROVIDE FOR WEEKEND VOTING HOURS AND SETS THE HOURS.

SO THIS IS A LITTLE DIFFERENT FROM BEFORE.

SO THE LAST LEGISLATIVE CHANGE CAME THROUGH BECAUSE BELIEVE IT OR NOT, THERE WERE CITIES THAT WERE DOING ELECTIONS DURING THE WEEKDAY, BUT THEY WEREN'T STAYING OPEN NINE CONSECUTIVE HOURS.

AND THESE ARE NINE HOURS THAT YOU HAVE TO BE OPEN.

WE WE HAVE ALWAYS STAYED OPEN NINE HOURS.

WE STAY 8 TO 5.

WE DON'T CLOSE FOR LUNCH OR ANYTHING ELSE.

NOW I'M GOING TO I'M GOING TO TAKE UP FOR SOME OF THESE CITIES THAT WERE DOING THIS.

THEY ALSO HAVE LIMITED STAFF RUNNING THEIR OWN ELECTIONS.

[02:10:01]

MAYBE THERE'S ONLY ONE PERSON IN THEIR CITY SECRETARY'S OFFICE.

THEY'RE PULLING FROM UTILITY BILLING TO HELP THEM RUN ELECTIONS.

THEY'RE PULLING FROM ANYWHERE THAT THEY CAN TO HELP THEM RUN ELECTIONS.

SO IT'S HARD FOR THEM.

SO MAYBE THEY WEREN'T ABLE TO STAY OPEN QUITE AS LONG, BUT NOW IT'S MANDATED THAT THEY HAVE TO STAY OPEN AT LEAST NINE HOURS EACH WEEKDAY.

THAT YOU HAVE EARLY VOTING.

YOU REMEMBER THEY REPEALED THE TWO 12 HOUR DAYS.

IT USED TO BE THAT WE WOULD HAVE TO HAVE TWO 12 HOUR DAYS FOR MUNICIPALITIES TO HOLD EARLY VOTING HOURS.

THAT IS NO LONGER THE CASE.

IT'S JUST NINE HOURS EACH WEEKDAY.

THERE IS NO MANDATE TO DO WEEKEND VOTING.

THAT IS TOTALLY UP TO THE DISCRETION OF THE COUNCIL, THE AUTHORITY ORDERING THE ELECTION.

SO. WHAT WOULD WE LIKE TO DO ON THIS? I WOULD SAY WE'RE GOING TO DO MONDAY THROUGH FRIDAY, OF COURSE, 8 TO 5 ON ALL THE REQUIRED DAYS, AND THEN LET'S TALK SATURDAY AND SUNDAY.

WHEN YOU SAY FIVE, ANYBODY IN LINE IS GOING TO BE ALLOWED TO COME IN, CORRECT? I'M SORRY. ANYBODY IN LINE AT 5:00 WILL BE ALLOWED TO.

YES. THANK YOU. MAYOR.

YES. UM, SO I WANT EVERYBODY TO UNDERSTAND.

I MEAN, I TRAIN MY ELECTION WORKERS.

I DO A ONE ON ONE TRAINING WITH THEM.

AND ONE OF THOSE THINGS THAT WE DO TELL THEM IS IF SOMEBODY IS STANDING IN LINE.

AT THE TIME THAT THE THE VOTE, THE POLLS CLOSED.

SO AT 5:00 OR 7:00 ON ELECTION DAY, IF THERE'S A LONG LINE AT THAT TIME, WE WILL HAVE AN ELECTION WORKER GO AND STAND AS THE TIME STAMP, SO ANYBODY IN FRONT OF THEM WILL GET TO VOTE.

IF WE HAVE TO STAY OPEN TILL 6:00 TO GET EVERYBODY IN LINE VOTED, WE STAY OPEN TILL 6:00.

THAT IS, THAT IS CORRECT.

IF YOU ARE IN LINE NOW, IF YOU COME IN TO GET TRY TO GET IN LINE AT 530, YOU'RE NOT GOING TO BE ABLE TO VOTE THAT DAY.

BUT HOPEFULLY WE HAVE ENOUGH EARLY VOTING DAYS THAT THAT EVERYBODY WILL GET A CHANCE TO EARLY VOTE IF THEY WANT TO EARLY VOTE.

BUT THEN WE ALSO HAVE OUR VOTERS WHO ONLY WANT TO VOTE ON ELECTION DAY.

AND THAT'S OKAY. THAT'S 7 TO 7.

HOW DOES COUNCIL FEEL ABOUT EITHER SATURDAY OR SUNDAY OR BOTH DAYS? I THINK I'VE RECOMMENDED IN THE PAST JUST ONE DAY ONLY BECAUSE WE HAVE LIMITED ELECTION WORKERS.

WE'RE ASKING THEM TO WORK VERY LONG EXTENDED HOURS FOR EXTENDED PERIOD OF TIME, AND I WANT TO MAKE SURE THAT WE GIVE THEM THE RESPECT.

AND JUST LIKE US, WE DON'T WANT TO WORK, YOU KNOW, 14 DAYS IN A ROW.

WE WOULD WANT TO GIVE THEM SOME TIME, AT LEAST A DAY FOR REST.

WELL, I KNOW WHEN I WORKED IT WAS 10 TO 12 HOUR DAYS, AND A LOT OF TIMES I MISSED ELECTIONS BECAUSE OF IT.

AND I WOULD APPRECIATE SATURDAY.

YEAH, I'D GO FOR SATURDAY.

I'M NOT BIG ON SUNDAY.

ANYBODY ELSE? DOES IT NEED TO BE THE FULL NINE HOURS ON SATURDAY? IT CAN BE SATURDAY, IT CAN BE LESS.

YEAH, MAYBE LIKE A FOUR HOUR WINDOW OR SOMETHING.

IN THE PAST, WE'VE DONE A SATURDAY WHERE WE'VE WE'VE STARTED AT AT 8 OR 9 AND WE'VE GONE TO THREE, SOMETHING LIKE THAT, WHERE WE CATCH A BULK OF THE DAY.

OKAY. SATURDAY WE WOULD LIKE TO DO 9 TO 3 ON SATURDAY.

YEAH, THAT SOUNDS GOOD.

OKAY. MONICA, ARE YOU TAKING ALL THIS DOWN? OKAY. THANK YOU. NOW WE'LL TALK JOINT ELECTIONS WITH THE BURLESON ISD.

CURRENTLY, THE ISD IS GOING TO HAVE PLACE FIVE, SIX AND SEVEN UP FOR ELECTION FOR FULL YEAR TERMS. REMEMBER, THERE ARE TWO YEAR TERMS. SO IF WE ENTER INTO A JOINT AGREEMENT, WHICH IS REALLY THE ONLY OPTION FOR THE ISD BECAUSE THEY HAVE TO CONTRACT WITH SOMEBODY, THEY CANNOT CONDUCT THEIR OWN ELECTIONS UNLESS ORDERED BY A JUDGE, WHICH WE'VE SEEN BEFORE.

SO THEY HAVE TO SHARE RESOURCES WITH US IS WHAT WE DO IS WE SHARE RESOURCES AND RESOURCES.

I MEAN POLLING LOCATION, VOTING EQUIPMENT, ELECTION WORKERS, EARLY VOTING, BALLOT BOARD, EVERYTHING ELSE THAT WE DO, UM, WE DON'T PAY FOR THEIR BALLOTS.

THAT'S A SEPARATE BALLOT.

AND THEY PAY FOR THEIR BALLOTS.

WE PAY FOR OUR BALLOTS.

THEY PAY FOR THEIRS ON THE SHARED RESOURCES.

WHAT? I WAS JUST TELLING YOU, THE POLLING LOCATION, THE ELECTION WORKERS, WE SPLIT THAT 5050.

SO THAT BILL COMES OUT BETTER FOR US WHEN WE CAN SHARE THAT ISD, THEY RETAIN ALL THEIR NOTICE REQUIREMENTS.

I CAN THEY CAN'T CONTRACT THAT AWAY.

AND IT'S A 5050 SPLIT, LIKE I SAID, ON ALL THE SHARED RESOURCES.

AND IF YOU HAVE ANY MORE QUESTIONS ON ENTERING INTO A JOINT AGREEMENT, MR. RYBICKI HERE IS AN EXPERT AND TEACHES THIS AT ELECTION LAW SEMINAR.

WELL, MR. RUBINSKY UNDER ENTER THE JOINT AGREEMENT.

IF WE HAVE A JOINT AGREEMENT AND BUSD SAYS WE DON'T WANT TO VOTE ON SATURDAY, CAN WE STILL VOTE ON SATURDAY? AND IN THE AGREEMENT IS WHERE WE NEGOTIATE ITEMS LIKE THAT.

[02:15:03]

THERE'S ALSO THERE'S GOING TO BE CLAUSES IN THERE ALSO WHERE IF THEY HAVE ALL THREE UNOPPOSED AND THEY CANCEL THEIR ELECTION, THEN THEY'RE NOT OBLIGATED TO SHARE ANY COST WITH US AT ALL.

SO WE'LL BE THERE.

UM. AND IF WE GET TO CANCEL OUR ELECTION.

EVERYBODY LAUGH.

EVERYBODY LAUGH WITH ME.

COME ON. MAY'S GOING TO BE 23 YEARS.

I'VE BEEN WITH THE CITY OF BURLESON AND WE'VE NEVER CANCELED AN ELECTION.

HOPEFULLY, I'VE JINXED US.

AND NOW WE'LL GET TO CANCEL AN ELECTION.

UM, SO I JUST WANT COUNCIL TO TO KNOW THAT THAT'S WHAT'S THAT'S WHAT'S HAPPENING.

I DO WANT TO TAKE A MOMENT HERE TO TALK TO THE COUNCIL ABOUT.

THE JOHNSON COUNTY APPRAISAL DISTRICT.

THEY HAD A NEW LEGISLATIVE CHANGE THAT ADDED THREE POSITIONS AT LARGE POSITIONS TO THE APPRAISAL BOARD.

SO THERE'S FIVE THAT THE CITIES, ALL THE CITIES, ALL THE MEMBER CITIES HAVE APPOINTED.

AND THEN THERE'S GOING TO BE THREE THAT ARE AT LARGE.

THOSE ELECTIONS ARE GOING TO RUN IN NOVEMBER EXCEPT.

FOR THIS FIRST TERM.

IT'LL BE MAY OF THIS YEAR.

JOHNSON COUNTY HAS SAID AT THIS POINT THAT THEY WILL NOT RUN THE ELECTIONS FOR THE APPRAISAL DISTRICT.

THE APPRAISAL DISTRICT HAS NO STAFF THAT HAS EVER.

DONE AN ELECTION, SEEN AN ELECTION.

THEY'VE ALL VOTED IN AN ELECTION, BUT THEY'VE NEVER CONDUCTED ONE.

THIS MEANS THE APPRAISAL DISTRICT IS GOING TO RUN THEIR OWN ELECTION.

I'VE PETERSON, CITY SECRETARY WITH THE CITY OF CLEBURNE AND MYSELF ARE HELPING THEM AS BEST THAT WE CAN.

WE'RE TRYING TO OFFER THEM ANY KIND OF INFORMATION.

WE'RE DOING OUR TIMELINES.

WE'RE CREATING STUFF FOR THEM.

BUT THE PROBLEM IS, IS THAT THEY WILL BE COMPETING FOR THE SAME ELECTION WORKERS THAT WE HAVE.

SO THE ONLY THING THAT I WOULD SAY TO YOU IS THAT I WANT TO EXPLORE THAT IF WE COULD ENTER INTO AN AGREEMENT WITH THEM, THAT WHAT WE WOULD WANT TO DO IS ALLOW THEM TO USE THE SAME POLLING PLACE AS WE ARE.

THEY'RE GOING TO HAVE TO HAVE MULTIPLE POLLING PLACES.

ONE JUST IN THE CITY OF BURLESON IS NOT GOING TO COVER THE COUNTY, AND ONE IN THE CITY OF CLEBURNE IS PROBABLY NOT GOING TO COVER THE COUNTY.

THEY'RE GOING TO HAVE TO REACH OUT TO OTHER COUNTIES, OTHER CITIES THAT ARE HAVING ELECTIONS AND PROBABLY DOING THIS.

I'M NOT SAYING RUNNING THEIR ELECTIONS FOR THEM, BUT WHAT I'M SAYING IS, WHEREVER PERMISSIBLE, IF WE WOULD PARTICIPATE WITH THEM OR ALLOW THEM PARTICIPATE WITH US, I WOULD SAY THAT IT WOULD BE BENEFICIAL TO US TO BE ABLE TO DO THAT.

THIS WOULD BE A ONE TIME THING, ONLY WE WOULDN'T DO THIS AGAIN BECAUSE THERE ARE OTHER ELECTIONS WILL BE IN NOVEMBER.

SO BECAUSE ELECTION LAW IS SO GOOD AND SO CRAZY.

IN NOVEMBER, REGARDLESS OF IF IT'S AN EVEN YEAR OR AN ODD YEAR, COUNTIES CANNOT REFUSE TO CONTRACT WITH THEM.

SO THERE'S ONLY ONE STIPULATION IN THE ELECTION LAW THAT ALLOWS A COUNTY ELECTION ADMINISTRATOR TO DENY CONTRACTING, AND THAT IS LITERALLY MAY OF EVEN NUMBERED YEARS.

ANY OTHER TIME THEY HAVE TO.

THIS IS THE ONLY TIME AND WHY THE LEGISLATURE DECIDED TO ADD THESE THREE AT LARGE POSITIONS FOR THE MAY 4TH ELECTION, INSTEAD OF WAITING TILL THE NOVEMBER ELECTION.

I HAVE NO IDEA.

I HAVE NO IDEA WHY I WASN'T IN THEM.

THEY DIDN'T. THEY DIDN'T CONSULT ME.

MAYBE THEY SHOULD HAVE.

UM. SO I JUST WANT COUNCIL TO KNOW THAT I MAY BE BRINGING OTHER OPTIONS FORWARD TO YOU, BUT THIS IS MY REASONING BEHIND THAT.

I NEVER WANT TO LEAVE SOMEBODY OUT, ESPECIALLY.

WHEN I KNOW HOW DIFFICULT IT IS.

I'VE BEEN DOING IT A LONG TIME, SO FOR ME IT'S NOT THAT DIFFICULT, BUT FOR OTHER PEOPLE IT IS.

AND I REALLY IT'S IT IS VERY CUMBERSOME AND THEY HAVE NO IDEA.

THEY DON'T EVEN KNOW HOW TO BEGIN TO ORDER A BALLOT.

WHAT? HOW DO THEY EVEN LAY OUT A BALLOT? WHAT COMPANIES COULD THEY USE? WHAT COMPANIES WHAT? ANYTHING. SO THEY'RE KIND OF OUT THERE.

SO ANYTHING THAT WE CAN HELP THEM WITH THAT WE'RE ALLOWED TO I WILL BRING FORWARD TO THE CITY COUNCIL.

IS THERE ANY STRONG FEELINGS ON THAT? THE COUNTY IS WORKING WITH US.

I MEAN, THERE'S JUST ONE INDIVIDUAL THAT'S GOT ISSUES AND WE'LL GET THROUGH IT.

I MEAN, YOU GOT A TOUGH JOB AHEAD OF IT.

WE'LL GET THROUGH IT, OKAY? THANK YOU. ELECTION JUDGES.

SO THIS COUNCIL DECIDES WHO IS OUR PRESIDING ELECTION JUDGE AND OUR ALTERNATE ELECTION JUDGE.

AND AS YOU CAN SEE, WE'VE GOT HILDA AND JOAN UP THERE.

I WOULD LIKE TO APPOINT THEM AGAIN.

THEY'RE A SEASONED EXPERIENCE.

UM, HILDA HAS PROBABLY BEEN DOING ELECTIONS WITH US SINCE 2010.

[02:20:02]

UH, ACTUALLY, PROBABLY 2009.

HER AND HER HUSBAND USED TO DO THAT WITH US BEFORE HE PASSED AWAY.

THIS YEAR WILL BE TEN YEARS THAT HE PASSED AWAY.

SO WE MISS HIM EVERY DAY.

STILL, UM, BUT JOAN VERY, UM, STRONG ALTERNATE THERE TO HELP US OUT.

IT WAS LINDA HAYES, BUT LINDA HAS KIND OF RETIRED, RETIRED, FULLY RETIRED.

AND SO, YEAH, SHE'S PROBABLY GOING TO BE ON AN ISLAND SOMEWHERE, NOT ANYWHERE CLOSE TO OUR ELECTIONS.

SO. AND SHE LIKES TO SEND US, YOU KNOW, PICTURES OF WHAT ISLAND SHE'S ON WHILE WE'RE HERE.

SO SHE'S SUPER SWEET.

UM, ELECTION EQUIPMENT.

I WANTED COUNCIL TO KNOW I BROACHED THIS SUBJECT WITH Y'ALL PROBABLY 3 OR 4 YEARS AGO, THAT OUR ELECTION EQUIPMENT THAT WE OWNED WAS GOING TO BE OUT OF COMPLIANCE.

IT'S PRETTY MUCH OUT OF COMPLIANCE.

SO WE HAVE TO GET NEW EQUIPMENT THIS YEAR.

UM, LUCKILY I HAD BUDGETED FOR TWO ELECTIONS, SO A COST FOR TWO ELECTIONS AND THOSE BECAUSE OF THE WAY THAT OUR FISCAL YEAR LANDS, IT'S A NOVEMBER MAY, NOT A MAY NOVEMBER.

SO FOR THIS YEAR, WE DID NOT HAVE AN ELECTION IN NOVEMBER OF 2023.

SO I WILL NOT BE ASKING FOR A BUDGET INCREASE OR ANYTHING.

WE'LL BE ABLE TO COVER IT WITH THE SAVINGS FROM NOT HAVING THAT ELECTION, BECAUSE THAT MONEY IS ALREADY BUDGETED THERE, AND IT WON'T COST US AS MUCH AS IT WOULD HAVE COST US TO RUN AN ELECTION.

WE DID HAVE TWO VENDORS THAT CAME FORWARD THAT ARE REALLY THE ONLY ONES THAT HAVE ALREADY HAVE STATE SANCTIONED EQUIPMENT THROUGH THE SECRETARY OF STATE'S OFFICE, AND WE CHOSE HART OVER S AND S.

AND SO HART INTERCIVIC, THIS IS THE EQUIPMENT THAT WE WILL USE.

THEY FUNCTION LIKE OUR M 100 MACHINES THAT WE HAVE BEEN USING NOW SINCE 2007, I BELIEVE, UM, IT STILL REQUIRES A PAPER BALLOT.

THAT'S ALWAYS BEEN A HIGH PRIORITY FOR THE CITY OF BURLESON CITY COUNCIL TO ALWAYS HAVE A PAPER TRAIL BEHIND, NOT JUST A COMPLETE ELECTRONIC.

SO THIS DOES REQUIRE A PAPER BALLOT.

AS BEFORE, IT WILL HAVE A NEWER, BIGGER SCREEN FOR VOTERS WHEN THEY FEED THAT BALLOT THROUGH.

RIGHT NOW, IT'S JUST THIS LITTLE BITTY WINDOW THAT YOU CAN SEE, AND IT BEEPS AT YOU AND TELLS YOU WHY NOT.

WE REJECT IT. THIS WILL HAVE BIG, BIG LETTERING, BIG PICTURES ON THERE TO TELL YOU.

YES, WE ACCEPTED IT OR NO, YOU OVER VOTED OR UNDER VOTED, WHATEVER THAT MAY BE.

UH, TARRANT COUNTY USES THE EXACT SAME EQUIPMENT.

UM, SO.

AND THEY DID LOWER THEIR, UM, LEVEL OF WHERE YOU GO UP TO VOTE AND THAT IS TO ACCOMMODATE ADA REQUIREMENTS.

SO ALL OF THEIR MACHINES ARE LOWER AT AN ADA LEVEL, AND THEY'RE PROGRAMED TO REQUIRE FOR THE THERE TO COMPLY WITH THE NEW REQUIREMENTS AND FUTURE REQUIREMENTS. SO LET ME TELL YOU THE ONE BIG DIFFERENCE ABOUT HART, INTERCIVIC AND ESNS.

SO IN TWO YEARS.

SO AT THE END OF 2025.

SO ALL 2425 BEGINNING SO THE NEXT ELECTION IN 2026, THE LAW SAYS NOW THAT EACH BALLOT NOT ONLY HAS TO HAVE THE UNIQUE NUMBER THAT WE GIVE IT SO THAT WE NUMBER THEM ONE THROUGH WHATEVER, 5000, IF THAT'S HOW MANY BALLOTS WE HAVE.

EVERY TIME A VOTER GOES AND CASTS A BALLOT, IT'S SUPPOSED TO PUT A VERY UNIQUE NUMBER ON THE BACK OF THAT BALLOT.

SO WHEN YOU LOOK AT THAT BALLOT, YOU KNOW, IT WAS FED THROUGH THE SCANNER AND IT'S GIVEN A VERY UNIQUE NUMBER.

SO IT HAS TO BE PRINTED ON THERE AND IT CAN'T BE.

I LOVE THESE PEOPLE.

IT CANNOT BE WITH THE SAME FUNCTION THAT THE SCANNER READS IT.

IT HAS TO BE.

A INKED MARK ON THERE.

SO THIS IS DIFFERENT.

THIS IS WAY DIFFERENT.

WE'VE NEVER HAD THIS REQUIREMENT BEFORE.

ESNS HAS A MECHANISM IN THE BACK THAT IN TWO YEARS, WHEN THAT COMES INTO COMPLIANCE, YOU WOULD HAVE TO UPGRADE THAT EQUIPMENT TO ADD THAT IN THERE. HART HAS SAID.

WE ALREADY WE'VE ALREADY INCORPORATED IT.

IT'S NOT GOING TO BE EXTRA.

WE'RE ALREADY DOING IT. SO WE WILL BE IN COMPLIANCE ALREADY FROM DAY ONE.

NOW WITH HART INTERCIVIC RATHER THAN WAIT TWO YEARS FOR THAT TO BE A MANDATE, BECAUSE WE KNOW THE MANDATE IS COMING, SO WE MIGHT AS WELL JUST GO AHEAD AND GET IN LINE AND AND GET THAT DONE. AND DO NOT ASK ME WHY THAT CAME ABOUT.

I HAVE AGAIN, THEY DIDN'T CONSULT ME.

I DON'T KNOW WHY THEY'RE NOT CALLING ME.

MY NUMBER IS EVERYWHERE.

UM, SO WITH THIS, THOUGH, BOTH BOTH OF THEM WOULD REQUIRE US TO ESTABLISH A CENTRAL COUNTING STATION.

NOW I WANT YOU GUYS TO UNDERSTAND WHAT IS A CENTRAL COUNTING STATION, BECAUSE THIS IS SOMETHING WE HAVEN'T HAD BEFORE.

IT'S A SECURE LOCATION ON ELECTION NIGHT FOR BALLOTS TO BE COUNTED.

IF THE COUNTING REQUIRES HAND-COUNTED WITH PAPER BALLOTS.

RIGHT. I MEAN, PAPER BALLOTS.

YEAH. UM, OR OR IF YOU HAVE TO TAKE INFORMATION FROM EACH DEVICE ELECTRONICALLY

[02:25:09]

AND PLUG IT INTO A COMPUTER TO DOWNLOAD IT FOR IT TO CALCULATE ALTOGETHER.

SO CURRENTLY OUR M 100 MACHINES, WHAT HAPPENS WITH THOSE IS IT'S COUNTING THE BALLOTS AS IT GOES ON.

AND THEN MUCH LIKE A REGISTER TAPE WHEN YOU'RE WORKING AT A RETAIL SHOP, AT THE END OF THE NIGHT, WE WOULD CLOSE OUT THE ELECTION AND IT WOULD RUN THIS BIG LONG TAPE TALLER THAN ME.

AND ON THAT TAPE IT WOULD HAVE ALL THE ELECTION RESULTS, AND WE WOULD HAVE FIVE MACHINES, AND WE WOULD HAVE TO TAKE EACH ONE OF THOSE TAPES OFF AND THEN MANUALLY CALCULATE TAKE MACHINE ONE. THIS IS THE TALLY MACHINE TWO.

THIS IS THE TALLY MACHINE THREE OKAY.

SO THAT TAKES LONGER.

AND IT'S ALSO ONE THAT HAS A LOT OF HUMAN ERROR IN THERE.

THE PRINT IS ABOUT THAT BIG.

SO FOR ME I NEED MAGNIFYING GLASS.

SO THANK GOODNESS I'M NOT BACK THERE.

SO WITH HEART AND S AND S THE NEW EQUIPMENT, WHAT IT IS IS THAT THAT TALLY IS NOW BEING STORED ON A FLASH DRIVE AT THE END OF THE, WHICH IS A SECURED LOCATION.

IT'S GOING TO BE IT'LL BE SEALED.

IT'LL HAVE A SEAL NUMBER ON IT.

AT THE END OF THE NIGHT, THEY'LL GO AND PULL ALL THOSE FLASH DRIVES OUT OF ALL OF THE VOTING EQUIPMENT THAT WE USED.

THEY'LL PLUG IT INTO ONE CENTRAL SECURED LOCATION COMPUTER, AND THAT COMPUTER WILL READ ALL OF THOSE.

NOW, WE'LL ALSO RUN A TAPE.

SO EVEN THOUGH WE'RE GOING TO STILL DO IT MANUALLY TO DOUBLE CHECK THE ELECTRONIC VERSION OF IT, IT'LL ALL BE DONE ONCE.

AND THIS LAW SAYS THAT IF YOU TAKE ANY KIND OF ELECTRONIC COMPUTING, ELECTRONIC COMPUTING FOR TABULATION, THEN YOU HAVE TO CREATE THIS CENTRAL COUNTING STATION.

SO WHO ESTABLISHES IT? THE AUTHORITY CALLING THE ELECTION.

Y'ALL DO. SO THERE'S GOING TO BE MORE APPOINTMENTS THAT YOU'RE GOING TO MAKE RIGHT NOW.

WE ONLY TALKED ABOUT THE PRESIDING JUDGE, AN ALTERNATE JUDGE ON THE CENTRAL COUNTING STATION.

WE WILL HAVE TO APPOINT A CENTRAL COUNTY STATION MANAGER, A TABULATION SUPERVISOR AND A PRESIDING JUDGE.

SO I'M GOING TO HAVE TO HAVE MORE PEOPLE WORKING THIS YEAR THAN I'VE EVER HAD TO HAVE, AND WE DON'T WANT THEM TO OVERLAP.

SO WHOEVER WAS WORKING THE POLLS, WHO'S, UM, REGISTERING PEOPLE TO VOTE, COMING IN, QUALIFYING THEM, GIVING THEM BALLOTS, THOSE PEOPLE WILL NOT BE ON THE CENTRAL COUNTING STATION.

THEY WON'T BE.

YOU HAVE AN EARLY VOTING BALLOT BOARD.

THOSE PEOPLE WILL NOT BE ON THE CSE EITHER.

BUT WE'RE TALKING PROBABLY ABOUT NINE MORE PEOPLE THAT WE'RE GOING TO NEED THIS ELECTION THAN WE WOULD BEFORE.

SO I JUST WANTED TO POINT THAT OUT BECAUSE THAT WILL BE SOMETHING NEW THAT'LL BE IN YOUR ELECTION ORDER.

ARE THERE ANY QUESTIONS ON THIS ONE? Y'ALL DON'T WANT TO ASK ME QUESTIONS, DO YOU? YOU GUYS WANT TO GET OUT OF HERE, DON'T YOU? UM, AND SO NEW THIS YEAR.

SIGNATURE VERIFICATION COMMITTEE.

SO WHAT'S A SIGNATURE VERIFICATION COMMITTEE? THAT'S A COMMITTEE CHARGED WITH COMPARING THE SIGNATURES OF THE APPLICATION FOR A FOR A BALLOT BY MAIL, WITH THE BALLOT THAT'S RETURNED BY MAIL.

WHY ARE WE DOING IT THIS YEAR? WE HADN'T DONE IT BEFORE.

WE RECEIVE, ON AVERAGE, ABOUT 300 TO 400 BALLOTS BY MAIL.

WE GET THESE APPLICATIONS IN FOR BALLOTS, BY MAIL.

WE MAIL OUT THE BALLOTS AND THEY MAIL THEM BACK IN.

WE PULL OUT THE APPLICATION, WE LOOK AT THE THE SIGNATURE ON THERE AND COMPARE IT TO WHAT THE BALLOT WAS RETURNED, AND MAKE SURE THOSE MATCH THAT HAS BEEN DONE HISTORICALLY BY THE EARLY VOTING BALLOT BOARD, WHO IS A COMPLETELY AUTHORIZED TO DO THAT? WHO HOLDS THE ULTIMATE AUTHORITY ON THAT ANYWAYS? BUT THEY'RE DOING IT ON ELECTION DAY.

THE SIGNATURE VERIFICATION COMMITTEE GETS TO START EARLY.

THEY DON'T COUNT.

THEY DON'T COUNT, THEY DON'T COUNT, THEY DON'T COUNT, THEY DON'T OPEN.

THEY DON'T DO ANYTHING.

THE LITERAL ONLY JOB FOR THEM IS IN THE IS IN THE TITLE SIGNATURE VERIFICATION COMMITTEE.

THEY TAKE IT, THEY LOOK AT IT, THEY COMPARE IT.

THEY MAKE SURE IT'S ADDRESSED.

RIGHT. THEY MAKE SURE ALL OF THE MEETS ALL THE REQUIREMENTS.

AND THEN THEY SET IT ASIDE AND SAID, THAT'S GOOD, THAT'S GOOD, THAT'S GOOD.

AND THEN THEY TURN ALL OF THAT OVER TO THE EARLY VOTING BALLOT BOARD ON ELECTION DAY.

AND THE EARLY VOTING BALLOT BOARD STILL IS THE ONLY AUTHORITY ALLOWED TO COUNT OR OPEN THOSE THE ENVELOPES SO THEY DON'T EVEN OPEN THE ENVELOPE.

THEY'RE JUST LOOKING AT THE OUTSIDE OF IT.

SO IF YOU REMEMBER, I DON'T KNOW IF ANYBODY'S VOTED BY MAIL BEFORE, BUT YOU HAVE TO SIGN.

YOU PUT YOUR VOTE, YOUR BALLOT, PUT IT IN THE ENVELOPE, SEAL YOUR ENVELOPE, AND THEN YOU SIGN ACROSS THE LINE.

AND THAT'S LITERALLY WHAT YOU DO.

AND NOBODY OPENS THAT UP.

NOW, IF THERE'S A DEFECT, THEY CAN CHECK FOR DEFECTS.

SO THE LEGISLATURE HAS COME FORWARD AND SAID, YOU KNOW WHAT, WE'RE GOING TO CREATE A LAW THAT ALLOWS YOU TO CHECK FOR DEFECTS AND GIVE NOTICE TO THE PEOPLE THAT THEY HAVE A

[02:30:03]

DEFECT, AND IF THEY WANT TO COME AND FIX IT, THEY CAN COME AND FIX IT.

WE CAN CALL THEM, WE CAN EMAIL THEM OR WE CAN MAIL THEM BACK.

SIGNATURE VERIFICATION COMMITTEE IS ALLOWED TO DO THAT AHEAD OF TIME.

SO THAT'S GOING TO CUT DOWN ON BALLOT REJECTION ON PEOPLE WHO HAVE RETURNED THEIR BALLOTS BY MAIL.

IT'S ALL DONE. AND AGAIN, THEY DO NOT COUNT ANY BALLOTS.

THEY DON'T OPEN ANYTHING, THEY DO NOT OPEN ANYTHING.

AND IT IS AN OPTION AND IT HAS TO BE REQUESTED BY THE EARLY VOTING CLERK, WHICH IS ME.

SO I'M REQUESTING A SIGNATURE VERIFICATION COMMITTEE ON THE SIDE THERE YOU CAN SEE IT HAS TO HAVE AT LEAST FIVE MEMBERS.

THE NOTICE OF WHO IS APPOINTED MUST BE POSTED.

SO WHAT I'M TELLING YOU RIGHT NOW IS THAT NORMALLY WHEN WE DO EARLY VOTING CLERKS AND EVEN ELECTION DAY CLERKS, THERE'S NO NOTICE REQUIREMENT FOR US TO SAY, THESE ARE THE PEOPLE THAT ARE WORKING THE ELECTION ON THE SIGNATURE VERIFICATION COMMITTEE.

IT IS REQUIRED. I WILL HAVE TO POST THE NOTICE.

I WILL HAVE TO TELL THE PEOPLE OF THIS COMMUNITY WHO'S ON THE SIGNATURE VERIFICATION COMMITTEE, AND THEN A CHAIR THAT WILL HAVE TO APPOINT A CHAIR.

THE COUNCIL WILL APPOINT A CHAIR FOR THIS.

AND WHO'S THE AUTHORITY THAT ORDERS THAT AND APPOINTS? YEAH. YOU HAVE SO MUCH POWER.

THESE ARE ALL PAID POSITIONS, RIGHT? THEY ARE ALL PAID POSITIONS.

CORRECT. SO AS YOU CAN SEE, IT DECREASES.

TIME ON THE ELECTION NIGHT ASSURES THERE'S TIME TAKEN TO VERIFY THAT THE SIGNATURES.

ON ELECTION NIGHT WHEN THE EARLY VOTING BALLOT BOARD IS BACK THERE TRYING TO COUNT AND COMPARE, THEY FEEL THE PRESSURE OF PEOPLE WAITING FOR RESULTS TO COME OUT BECAUSE THEY WANT.

I MEAN, EVERYBODY THINKS, OH, THE POLLS CLOSE AT SEVEN, WHY ARE THEY NOT COMING OUT AT 730 OR 745? THEY HAVE A LOT OF WORK TO DO BACK THERE.

THIS IS CUTTING DOWN.

PROBABLY GOING TO CUT DOWN HALF THE TIME, MORE THAN HALF THE TIME OF WHAT THEY'RE DOING BACK THERE FOR THIS.

IF THERE ARE ANY THAT ARE COMPLETELY REJECTED BY THE SIGNATURE VERIFICATION COMMITTEE, WE'VE TRIED TO REMEDY OR WHATEVER THE ISSUE IS, OR THEY JUST DON'T AGREE THAT THAT SIGNATURE MATCHES THE EARLY VOTING BALLOT BOARD CAN OVERRULE THE SIGNATURE VERIFICATION COMMITTEE.

SO ANY OF THESE THAT ARE REJECTED, THE EARLY VOTING BALLOT BOARD WILL RECHECK AND REDETERMINE MAKE A REDETERMINATION.

SO IT'S NOT THAT CUT AND DRY ON THAT TOO.

SO THERE ARE A LOT OF CHECKS AND BALANCES FOR THAT.

SO. SIGNATURE VERIFICATION COMMITTEE.

I'M REQUESTING THAT I ALLOW TO PUT THAT IN THE ORDER CALLING THE ELECTION.

SO POLLING LOCATIONS, ARE WE ALL COMFORTABLE WITH EVERYTHING? BECAUSE, YOU KNOW, I COULD STAND UP HERE AND TALK ELECTIONS, RIGHT? LIKE FOR DAYS AND DAYS.

IT IS MY LOVE LANGUAGE.

YOU'RE RIGHT. IT IS.

OKAY. HOW DO YOU ADVERTISE FOR ALL OF THESE POSITIONS? UM, THE ELECTION WORKERS, WE ARE JUST GOING TO DO THE SAME THING.

WE WILL PUT IT OUT LIKE WE ADVERTISE EVERYTHING, I MEAN, FACEBOOK.

I MEAN, I DON'T KNOW ANY OTHER WAY TO TO ADVERTISE.

I MEAN, WE'RE HIRING.

I MEAN, WE WE WOULD DO THAT ANY WAY WE CAN.

DID YOU USE YOUTH? YES, WE CAN.

AND WE HAVE BEFORE IN THE PAST.

THE ONLY PROBLEM WITH THE YOUTH NOW THEY WOULD PROBABLY BE BETTER ON LIKE MAYBE A SIGNATURE VERIFICATION COMMITTEE OR A SATURDAY.

THAT'S THE ONLY PROBLEM WE HAVE WITH THE YOUTH IS WHEN WE HAVE POLLING LOCATIONS THAT ARE OPEN 8 TO 5.

THEY'VE GOT SCHOOL AND EXTRACURRICULAR ACTIVITIES FOR THE AGE RANGE THAT COULD WORK THE POLLS.

AND SO EVEN THOUGH WE DO THAT, IT'S HARD FOR THEM TO DO THIS.

WE WOULD LOVE FOR THEM TO DO MORE OF IT.

BUT THAT'S HARD. AND ANYBODY 18 OR OVER IS NOT CONSIDERED A YOUTH.

THEY'RE ALLOWED TO TO WORK THE POLLS STRAIGHT OUT.

SO WHAT YOU'RE TALKING ABOUT ON YOUTH ARE GOING TO BE UNDER 18 NON NON REGISTERED VOTERS.

AND WE PAY A GOOD WAGE.

I'M NOT SURE I NORMALLY INCREASE IT EVERY YEAR JUST TO MAKE SURE THAT WE HAVE THEM.

MAYBE UTILIZE THE GOVERNMENT CLASSES AT HILL COLLEGE HERE IN TOWN, AT THE HIGHER EDUCATION.

WE'VE WE'VE WE'VE ADVERTISED FOR THEM TO IT'S IT IS HARD I KNOW IT SOUNDS LIKE BUT IT IS HARD FOR THEM TO TO SAY TO US.

I CAN WORK, YOU KNOW, THESE DAYS.

8 TO 5.

LET'S GO BACK HERE. I'LL SHOW YOU THE EARLY VOTING DAYS.

SO THE FIRST DAY OF EARLY VOTING IS APRIL 22ND.

UM, AND THEN THE LAST DAY IS APRIL 30TH, AND WE JUST SAID WE'RE GOING TO DO EVERY DAY EXCEPT FOR SUNDAY.

[02:35:06]

AND SO WE'RE GOING TO BE DOING 8 TO 5 NOW.

I THINK I CAN PULL MORE PEOPLE IN WITH THE SIGNATURE VERIFICATION COMMITTEE, BECAUSE THEY DO NOT HAVE TO DO THEIR WORK DURING THOSE NINE HOURS.

THEY HAVE NOTHING TO DO WITH THOSE NINE HOURS OR WEEKDAYS.

THOSE CAN BE DONE SEPARATELY.

SO WE CAN DO THAT AND THEY CAN START WORK EARLIER.

UM, AND THEN, UM, THE CENTRAL COUNTY STATION, OF COURSE, IS JUST GOING TO BE THAT NIGHT.

SO WE CAN'T START. THEY CAN'T START ANY EARLIER FOR THAT.

AND THE EARLY VOTING BALLOT BOARD, THEY CAN'T START ANY EARLIER.

BUT THE SIGNATURE VERIFICATION WOULD BE THE ONLY ONE THAT HAS THAT FLEXIBILITY OF TIME.

ANYBODY ELSE. NO.

OKAY. THANK YOU, THANK YOU.

AMANDA.

MAYOR AND COUNCIL. THAT BRINGS US TO EIGHT C RECEIVER REPORT.

[8.C. Receive a report, hold a discussion and provide staff direction regarding an update to the city’s zoning ordinance in anticipation of an approval of a local option election for liquor sales. (Staff Presenter: Tony McIlwain, Development Services Director)]

HOLD A DISCUSSION AND PROVIDE STAFF DIRECTION REGARDING AN UPDATE TO THE CITY'S ZONING ORDINANCE IN ANTICIPATION OF AN APPROVAL OF A LOCAL OPTION ELECTION FOR LIQUOR SALES.

THE STAFF PRESENTER IS TONY MCELWAIN, DEVELOPMENT SERVICES DIRECTOR.

YES. GOOD EVENING, MAYOR AND COUNCIL.

THIS IS A RE BRIEFING OF AN ITEM THAT WE BRIEFED TO YOU LATE LAST YEAR REGARDING PROACTIVE STEPS TOWARD ALCOHOL ZONING.

SO I'M GOING TO GO THROUGH IT. A LOT OF IT WOULD BE VERY FAMILIAR TO YOU.

UH, STAFF PROVIDED THIS BRIEFING BACK TO YOU ORIGINALLY ON NOVEMBER 13TH, AND WE CONTAINED CERTAIN CHANGES THAT WE'RE LOOKING AT TO THE CITY ZONING CODE.

INCLUDED WERE, UM, FUTURE PROOFING, AS WE CALLED IT, SOME OF THE ZONING AS IT RELATES TO, UH, ALCOHOL USE.

UH, SINCE THAT TIME, THE CITY SECRETARY'S OFFICE HAS RE IS IN RECEIPT OF A PETITION FROM A RESIDENT TO GATHER SIGNATURES OF SUPPORT FOR A LOCAL OPTION ELECTION.

UH, IF SUCCESSFUL, IT WILL ALLOW FOR THE LEGAL SALE OF ALL ALCOHOLIC BEVERAGES FOR OFF PREMISES CONSUMPTION HERE IN THE CITY.

UH, WE TOOK THE BRIEFING THAT WE GAVE YOU ON NOVEMBER 13TH AND PROVIDED THAT SAME ZONING CODE UPDATE BRIEFING TO THE PLANNING AND ZONING COMMISSION ON THE 19TH OF DECEMBER TO GET FEEDBACK FROM THEM.

UH, AND THE SUGGESTED, UH, RECOMMENDED, UH, TEXT CHANGES FOR ALCOHOL ZONING.

THERE WERE SOME QUESTIONS RAISED BY THE PLANNING AND ZONING COMMISSION RELATING TO, UH, THINGS SUCH AS DISTANCE REQUIREMENTS THAT TPC HAS IN PLACE, UH, AS WELL AS OTHER, UM, WHAT I CALL NON CITY REGULATIONS, THINGS RELATING TO TBC.

UH, THERE WERE NO RECOMMENDED CHANGES BY THE COMMISSION AT THAT TIME.

WHAT STAFF IS LOOKING TO DO BASED ON THE PETITION, IS TO PROCEED WITH A TEXT AMENDMENT FOR ALCOHOL RELATED USES TO THE ZONING CODE, ALONG WITH CERTAIN SUPPLEMENTAL REGULATIONS IN CERTAIN DISTRICTS, AND THE THOUGHT PROCESS IS TO HAVE THIS COMPLETED PRIOR TO THE COMPLETE ZONING CODE UPDATE, SO THAT IF THIS IS A SUCCESSFUL LOCAL OPTION ELECTION, THERE WILL BE NO DELAY IN THE ISSUANCE OF A CFO FOR A BUSINESS.

WHAT WE'RE LOOKING AT DOING AND PROPOSING IS TO ALLOW LIQUOR PACKAGED STORES BY.

RIGHT. UH, IN THE COMMERCIAL, GENERAL RETAIL AND INDUSTRIAL ZONING DISTRICTS IN THE CITY.

AND THEN PER AN SUP.

WELL, EXCUSE ME, BY RIGHT, PROVIDED AT CERTAIN SUPPLEMENTAL REGULATIONS ARE MET AND THEN WITH A SPECIFIC USE PERMIT, IF SOMEONE IS PROPOSING A USE IN OLD TOWN OR IN THE I 35 CORRIDOR.

WE DISCUSSED WITH YOU BACK IN NOVEMBER WHAT WOULD THESE SUPPLEMENTAL REGULATIONS LOOK LIKE? AND SO WHAT WE HAVE IN THESE BULLET POINTS ARE SOME INITIAL THOUGHTS ON PROPOSALS THAT YOU CAN CONSIDER.

UH, ONE IS A 300 FOOT, UH, PROHIBITION FOR ANY ALCOHOL.

UH, JUST SAY PACKAGE STORES WITHIN 300FT OF OLD TOWN OR I-35 FRONTAGE.

UH, MINIMUM BUILDING SIZE OF 7500FT².

UH, THIS WOULD ESSENTIALLY ESTABLISH A BASELINE OF A CERTAIN SIZE AND SCALE OF A PACKAGE STORE.

THIS IS TOTALLY ADJUSTABLE.

ALL OF THESE SUPPLEMENTAL STANDARDS TO WHATEVER YOU THINK IS A BETTER FIT FOR THE CITY.

YOU CAN GO SMALLER THAN 7500FT², FOR INSTANCE, IF THAT'S YOUR DECISION.

ULTIMATELY, WITH NO LIQUOR STORES BEING ALLOWED BY BEING ALLOWED WITHIN 300FT OF ANOTHER LIQUOR STORE SORT OF A BUFFER REQUIREMENT BETWEEN LIQUOR STORES SO THAT YOU

[02:40:04]

HAVE SOME SPACING.

UH, WE DON'T HAVE THEM MULTIPLE ONES ON ONE BLOCK, FOR INSTANCE.

THAT'S ANOTHER FLEXIBLE SUPPLEMENTAL REGULATION THAT YOU CAN LOOK AT AND DISCUSS.

UH, NO. WALK UP WINDOW ACCESS, NO DRIVE THRU ACCESS.

INDEPENDENT ENTRANCE FOR DELIVERIES AND CUSTOMERS.

SO WE'RE TALKING ABOUT A PARTITIONING OF THE BUILDING WHERE WE HAVE WALLS OR OTHER PHYSICAL DIVISION SEPARATING THE LIQUOR STORE FROM OTHER RETAIL OR COMMERCIAL ESTABLISHMENT. YOU SEE THAT IN SOME ESTABLISHMENTS YOU GO TO NOW, IF YOU GO IN THERE WITH YOUR FAMILY, A SMALL CHILDREN, AND YOU WANT TO GO TO A PORTION OF THE BUSINESS WHERE IT HAS LIQUOR SALES, YOU CAN'T ACCESS THAT WITHOUT GOING THROUGH A SEPARATE DOOR.

SO YOU PARTITION OFF THE MAIN USE FROM THE LIQUOR STORE, USE, UH, WINDOW TREATMENT WITH A POLYCARBONATE OR PROTECTIVE SHATTERPROOF FILM.

THAT'S TO, UM, BASICALLY ADD A PREVENTIVE MEASURE IN CASE THERE'S SOMETHING, UH, AS RELATES TO BURGLARY AND THINGS OF THAT NATURE.

AND THEN LANDSCAPING IS SOMETHING THAT WE PUT IN PLACE.

SO THESE ARE STANDARDS THAT TYPICALLY WHAT PLANNING STAFF DOES IS LOOK AT OTHER CITIES AND LOOK AT SUPPLEMENTAL REGULATIONS THAT THEY HAVE INSTITUTED, UH, THROUGHOUT TEXAS AND COME UP WITH A LIST.

THIS LIST IS SOMETHING THAT WE THINK YOU SHOULD CONSIDER.

UH, YOU CAN MAKE CHANGES, OBVIOUSLY, BUT THE INTENT IS TO, AGAIN, PUT IN SOMETHING ON THE BOOKS SO THAT WHEN SOMEONE COMES IN WITH A PROPOSAL, YOU CAN HAVE AN IDEA AS TO WHETHER OR NOT YOU WANT TO HAVE A SPECIFIC USE PERMIT FOR CERTAIN USES, UH, CERTAIN LOCATIONS OR BY RIGHT, WITH THESE OR OTHER SUPPLEMENTAL REGULATIONS.

TONY, JUST FOR A POINT OF CLARIFICATION, FOR THE SUPPLEMENTAL, UH, CONDITIONS, AN SCP COULD BE UTILIZED TO, UH, IN THE EVENT THAT SOMEONE DIDN'T MEET ONE OF THOSE. SO THERE'S AN AVENUE BY WHICH IF SOMEONE DOESN'T MEET THESE, THEY COULD STILL PETITION THE COUNCIL.

ABSOLUTELY. YOU KNOW, WE DON'T ANTICIPATE EVERY SINGLE INTERESTED PERSON TO HAVE A 7500 SQUARE FOOT LEASE SPACE.

SOMEONE MAY HAVE SOMETHING SMALLER THAN THAT.

AND THAT GIVES YOU AN OPPORTUNITY, AS WELL AS THE PLANNING AND ZONING COMMISSION, TO CONSIDER WHETHER OR NOT YOU WANT TO GRANT AN SCP, IF THAT'S INDEED THE CASE.

UH, YOU ALSO HAVE CONSIDERATION OF SCP FOR ANY OF THOSE SUPPLEMENTAL STANDARDS.

SO THAT'S SOMETHING WHERE WE PUT IN SOME FLEXIBILITY, UH, SO THAT WE DON'T HAVE, UM, AN INSTANCE WHERE SOMEONE CAN'T MEET A REQUIREMENT EVEN THOUGH THEY MAY BE VERY CLOSE, ESSENTIALLY, FROM A TIME LINING STANDPOINT, UH, WHAT WE'RE LOOKING TO DO AHEAD OF THE NEXT ELECTION CYCLE, UH, IS OBVIOUSLY PROVIDE AN UPDATE, WHAT WE'VE JUST DONE AND CONSIDERATION AS TO WHETHER OR NOT YOU WANT TO ENTERTAIN A JOINT MEETING WITH THE COUNCIL AND YOURSELF, EXCUSE ME, AND THE PLANNING AND ZONING COMMISSION.

AND WE JUST PUT IN DATES, UM, NEXT MONTH, IN FEBRUARY AND MARCH, AS FAR AS EXAMPLES OF DATES WHERE WE COULD HAVE AN ITEM READY AS FAR AS A TEXT AMENDMENT AND TO WRAP UP THAT PROCESS BY THE BEGINNING OF MARCH.

UM, THOSE DATES ARE JUST DATES THAT WE PROVIDED JUST FOR YOUR CONSIDERATION.

OBVIOUSLY, YOU'D BE IN THE COUNCIL.

YOU CAN MAKE THOSE DATES AS FLEXIBLE AS YOU WANT, UH, OR DIRECT CONSIDERATION.

AS FAR AS US SIMPLY HAVING TO GO TO PNC THEN COME TO YOU, THAT'S TOTALLY AT YOUR DISCRETION.

THE THOUGHT PROCESS IS TO SIMPLY GET SOMETHING ON THE BOOKS WELL IN ADVANCE OF A SUCCESSFUL LOCAL OPTION ELECTION.

SO THAT'S THE PRESENTATION IN A NUTSHELL.

THE KEY TAKEAWAYS COUNCIL IS BY RIGHT IN THREE ZONING DISTRICTS PROVIDED THE SUPPLEMENTAL REGULATIONS ARE MET SUP AND OLD TOWN OR IS 35 AND THE OPPORTUNITY FOR YOU TO CONSIDER AN SCP IN THE EVENT THAT THOSE SUPPLEMENTAL REGULATIONS CAN'T BE MET IN THE INDUSTRIAL, GENERAL, RETAIL OR COMMERCIAL.

SO WE TRY TO KEEP IT SIMPLE.

IF YOU DON'T LIKE THE SUPPLEMENTAL REGULATIONS, OR YOU WANT US TO GO BACK AND LOOK AT THAT, WE CAN DO THAT.

BUT WE DON'T WANT TO PUT YOU IN A BOX WHERE YOU FEEL THAT YOU HAVE TO APPROVE SOMETHING, AND ALL THE SUPPLEMENTAL REGULATIONS HAVE TO BE MET.

WE WANT TO GIVE YOU FLEXIBILITY.

ANY THOUGHTS? TONY, ON THE DISTANCE REQUIREMENT.

ME PERSONALLY, I'D LIKE TO SEE LIKE 1000FT BETWEEN LIQUOR STORES AND NOT 300, BECAUSE THAT'S JUST 100 YARDS.

SURE. WHICH IS STILL PRETTY CLOSE.

AND THEN I'M I'M HESITANT TO ALLOW THINGS BY RIGHT IN CERTAIN ZONING DISTRICTS, BECAUSE WHEN SOMEBODY COMES THROUGH WITH A ZONING PROPOSAL, THEY'RE NOT REQUIRED TO TELL YOU WHAT THEY'RE GOING TO BUILD THERE.

SO THEY COULD BUY A PIECE OF PROPERTY, ZONE IT SOMETHING.

AND THEN NEXT THING YOU KNOW, YOU GET A LIQUOR STORE THERE AND THERE'S NOTHING YOU CAN DO BECAUSE IT'S ALLOWED BY.

RIGHT. SO BECAUSE ESPECIALLY IN THE GENERAL RETAIL WE'VE GOT SALISBURY AND SUMMER CREST IS A IS A GR SPACE.

[02:45:03]

UM I WOULD PREFER JUST TO SEE IT AS AN SUP ACROSS THE BOARD IF WE WERE GOING TO ALLOW IT.

AND THEN THAT WOULD GIVE US THE FLEXIBILITY BECAUSE YOU WOULD KNOW WHAT'S COMING OR WHAT IT IS AT THE TIME.

OTHERWISE THEN ALLOWING IT BY.

RIGHT. THAT'S THAT'S JUST MY FEAR.

UM. WITH HAVING THAT SO AND COUNCILMAN RUSSELL I FORGIVE ME COUNCIL I DID HOLD OFF AND DIDN'T SHOW YOU THIS LAST SLIDE.

SO YOUR QUESTION AS FAR AS YOUR CONCERN AS FAR AS ALLOWING BY RIGHT, THIS GIS MAP WAS A BASELINE QUERY WE RAN AND THE GIS SYSTEM GRABBED THE PARCELS THAT WERE ZONED COMMERCIAL AND INDUSTRIAL AND GENERAL RETAIL NOW.

THIS IS AS GOOD AS OUR EFFORTS.

SO IF WE HAVE SOMETHING THAT'S MISLABELED IN THE GIS SYSTEM, IF WE HAVE THOSE USES, BUT THEY HAVE A, UM, UH.

A NON CONFORMING ZONING DISTRICT.

THOSE PARCELS AREN'T GOING TO SHOW UP ON THE MAP.

SO THE MAP IS IS 100% ACCURATE.

IT'S ONLY AS ACCURATE AS THE INFORMATION WE'RE PUTTING IN IT RIGHT NOW.

BUT THIS GIVES YOU SOME UNDERSTANDING OF WHERE THESE UH, PROPERTIES THAT ARE ZONED COMMERCIAL, GENERAL RETAIL AND INDUSTRIAL ARE IN THE CITY AND THEY'RE ALONG YOUR HEAVILY TRAFFICKED CORRIDORS.

RIGHT. I WAS I WAS MEETING WITH THE CITY MANAGER, DAN, WE JUST DID SOME SPOT CHECKING OF THE MAP AND SOME OF THE AREAS TO MAKE SURE WE CAPTURED MOST OF THE, THE THESE USES.

SO IF IT'S.

SOMETHING WHERE YOU FEEL MORE COMFORTABLE WITH BUYING SUP.

IT'S SIMPLE ENOUGH. WE'LL JUST BRING IN THE PROPOSAL, SEE IF THE APPLICANT MEET THE SUPPLEMENTAL REGULATIONS, IF THAT'S YOURS AND YOUR INTENT.

BUT THEN IF THEY CAN'T, YOU STILL HAVE THE SUP AS AN OPPORTUNITY, I THINK.

I THINK THE COUNCIL NEEDS TO BE AWARE IN GENERAL ZONING LAW, IF YOU DO NOT HAVE AT LEAST ONE DISTRICT IN WHICH THERE IS A BY RIGHT OPPORTUNITY OF USE, THEN YOU ARE SUBJECT TO A FACIAL INVALIDITY CHALLENGE.

THE FEDERAL COURTS HAVE SAID IF IT IS A BUSINESS OR A COMMERCIAL ACTIVITY THAT IS GENERALLY ACCEPTED IN THE STANDARD INDUSTRIAL CLASSIFICATION CODE PUT OUT BY THE BUREAU, THE DEPARTMENT OF COMMERCE, THERE SHOULD BE A BY RIGHT PLACE.

IT CAN OCCUR NOW, IT CAN BE A SMALL AREA.

IT CAN BE THE LEAST SIGNIFICANT OF THOSE THREE USES.

AND WE CAN DO THE MAJORITY OF THE WORK THROUGH SUPS.

BUT IF WE DO NOT HAVE A BY RIGHT LOCATION, IT'S SUBJECT TO HEIGHTENED JUDICIAL SCRUTINY IF WE ARE EVER CHALLENGED.

SO IT WOULD PROBABLY BE PRUDENT TO DISCUSS WITH THE STAFF AND THE PLANNING COMMISSION AND PICK A DISTRICT THAT YOU COULD LIVE WITH AND LET THAT BE THE BY RIGHT, BUT USE THE OTHER AREAS THROUGH THE SUP PROCESS.

THAT'S THE SAFEST WAY TO DEFEND OURSELVES LEGALLY.

OKAY. THANK YOU. I'D SAY PUT IT IN PUT IT IN INDUSTRIAL, THEN MAKE IT UP BY RIGHT AND THEN WE CAN SUP THE OTHER TWO.

BECAUSE YOU STILL HAVE SOME CONTROL OVER KIND OF WHERE YOU WANT TO GO.

YES. SO I AGREE WITH THAT.

BY RIGHT AND INDUSTRIAL SVP FOR GENERAL, RETAIL AND COMMERCIAL AND 1000FT DIFFERENCE BETWEEN UH ESTABLISHMENTS.

OTHER OTHER FEEDBACK OR UH RECOMMENDATIONS THAT WE WOULD NEED TO MODIFY.

NO, BECAUSE I MEAN, JUST THINKING THE SNP WOULD ALLOW US TO IF IT DIDN'T MEET THOSE, WE COULD ALLOW SOMETHING ELSE.

BUT IF YOU GET SOMETHING IN OLD TOWN, FOR INSTANCE, UM, YOU CAN CONSIDER IT THE VNS SCP, RIGHT? JUST GIVE SOME. I MEAN, THIS DOESN'T EXIST ANYMORE, BUT FOR THOSE PEOPLE OR FOR THOSE WHO MIGHT HAVE GONE TO TEXAS TECH OR LIVED IN LUBBOCK, THERE WAS A PLACE THAT WAS CALLED THE STRIP, WHICH WAS LOCATED SOUTH OF TOWN, WHICH WAS THE ONLY PLACE YOU COULD BUY ALCOHOL.

AND THERE WERE PROBABLY I'M NOT GOING TO LOOK AT ANYBODY TO MAKE THEM GUILTY THAT I'M JUST GOING TO LOOK AWAY.

BUT THERE WERE PROBABLY 6 OR 7 LIQUOR STORES LITERALLY NEXT DOOR TO EACH OTHER.

SO AND OF COURSE, ONCE LUBBOCK ALLOWED ALCOHOL SALES WITHIN THE CITY OFF PREMISE, ONLY THE STRIP WENT AWAY AND LIQUOR STORES STARTED POPPING UP IN THE CITY.

BUT JUST THIS ALLOWS US TO KIND OF KEEP THE SPACING OUT AND KIND OF PICK WHERE WE WANT IT.

SO. IT'S YOUR HISTORICAL FACT OF THE DAY.

I GOT A QUESTION.

WHY BUY RIGHT INDUSTRIAL RATHER THAN GENERAL RETAIL OR COMMERCIAL? WHAT IS IT ABOUT INDUSTRIAL THAT WE'D WANT TO BUY, RIGHT? WE PRETTY MUCH ALLOW ALL THE MOST HEAVY USES AND BUY RIGHT AND INDUSTRIAL.

SO IT'S KIND OF THE EVERYTHING'S THERE IF YOU IF YOU ALLOW IT BUY RIGHT.

IN GENERAL RETAIL OR COMMERCIAL.

UM, THE, THE THOUGHT IS THEY COULD, YOU KNOW, BUY A PIECE OF PROPERTY THAT'S ZONED AG AND COME BACK AND ZONE IT COMMERCIAL.

THEY DON'T HAVE TO TELL YOU WHAT THEY'RE GOING TO BUILD THERE.

[02:50:01]

AND THEN A LIQUOR STORE COMES THROUGH AND IT MEETS ALL CHECKS, ALL THE BOXES.

AND THEN IT'S IT'S IN.

YOU DON'T HAVE ANY CONTROL AT THAT POINT.

AREN'T WE WORKING ON A NEW PROCESS RIGHT NOW TO READJUST ALL OUR ZONING? YES WE ARE. COUNCIL MEMBER SCOTT WE ARE.

BUT WE DON'T THINK THAT THAT EFFORT.

I DON'T THINK THAT WE CAN BRING THAT EFFORT FORWARD AT THE SAME TIME THAT WE CAN THE ALCOHOL SALES, WE'RE TRYING TO FAST TRACK THIS PORTION TO MAKE SURE THAT IN THE EVENT THAT THERE IS A SUCCESSFUL LOCAL OPTION ELECTION, THAT WE ARE IN PLACE, PROBABLY THE THE SINGLE BIGGEST PHILOSOPHICAL JUSTIFICATION FOR USING INDUSTRIAL IS THE CHARACTER OF USES THAT INCUR IN AN INDUSTRIALLY ZONED AREA USUALLY HAVE SIGNIFICANT ENVIRONMENTAL IMPACTS. AND SO WE, BY OUR REGULATIONS IMPOSED, IMPOSE BROADER SETBACKS, BUFFER YARDS AND SCREENING AROUND THOSE AREAS. IT PRETTY MUCH GUARANTEES WE WILL NEVER HAVE RESIDENTIAL OR LIGHT COMMERCIAL USES ADJACENT TO THE INDUSTRIAL AREAS, EVEN BY ACCIDENT.

THEY'RE ALREADY PRESCREENED FOR FEAR WE'RE GOING TO HAVE A A SEAMLESS GUTTER MANUFACTURING OPERATION THERE WITH NOISE, LIGHT AND ODOR.

SO THE SCREENING IS ALREADY IN PLACE.

AND FOR JUST POINT OF CLARIFICATION, WHEN I SAID I DON'T I DON'T THINK THAT WE'LL BE READY ON THE OTHER ELEMENTS OF THE ZONING ORDINANCE.

THAT'S SIMPLY BECAUSE WE'RE WORKING THROUGH SOME CHALLENGES WITH ALAN'S OFFICE AS IT RELATES TO NONCONFORMING USES, UH, IMPACTS FROM NEW LEGISLATION AS WELL AS NOTIFICATION REQUIREMENTS OF TENANTS.

SO THERE'S A NUMBER OF LEGAL ASPECTS THAT WE'RE HAVING TO WORK THROUGH BEYOND JUST THE ELEMENTS THAT WE'VE ALREADY BRIEFED THE COUNCIL ON.

I THINK FROM THAT PERSPECTIVE, WE'RE VERY CLOSE.

UM, BUT THERE'S QUESTIONS THAT STILL REMAIN, AND I DON'T THINK REQUIRING THE SUP IS GOING TO HINDER.

I MEAN, I THINK IF THE LOCAL OPTION PASSES, I MEAN, IT'S FOLLOW FILE, AN APPLICATION, IT GOES THROUGH P AND Z AND US WITHIN A COUPLE OF MONTHS PROBABLY.

SO I DON'T THINK IT'S GOING TO HINDER IT BECAUSE YOU STILL HAVE TO HAVE A SITE PLAN AND ALL THAT STUFF TO GO WITH IT.

SO. SO IF WE DO AN SCP, WE'RE GOING TO TRY TO REGULATE THEM TO ONE OF THESE THREE. CLASSIFICATIONS.

COMMERCIAL GR OR INDUSTRIAL.

ARE WICKED. COULD WE DO AN SEP SOMEWHERE ELSE? I KNOW YOU CAN REGULATE AN SEP FOR SIZE UNDER 7500, BUT A SPECIAL USE PERMIT? ARE WE ONLY GOING TO ALLOW THAT IN ONE OF THESE THREE ZONES? YOU CAN CONSIDER THAT IN ONE OF THESE THREE ZONES, AS WELL AS OLD TOWN AND THE AGE 35 CORRIDOR.

IF THAT'S SOMETHING THAT YOU WOULD LIKE TO CONSIDER PER AN SCP.

AND THEN WITHIN THE SUPPLEMENTAL REGULATIONS, YOU CAN ALSO CONSIDER DEVIATIONS THROUGH AN SCP.

SO WHAT WHAT COUNCILMAN RUSSELL IS SAYING IS, UH, BY RIGHT IN INDUSTRIAL, PROVIDED THE SUPPLEMENTAL REGULATIONS ARE MET.

SCP AND THE OTHER PROPOSED ZONING DISTRICTS, WHICH WOULD BE, UH, UH, COMMERCIAL GENERAL, UH, RETAIL OLD TOWN 35 VIA SCP.

AND THEN WITHIN THOSE ZONING DISTRICTS, ALL THE AFOREMENTIONED ZONING DISTRICTS AND SCP.

IF THE APPLICANT CAN'T MEET ALL THE SUPPLEMENTAL REGULATIONS, THE SUPPLEMENTAL REGULATIONS WOULD NOW BE CHANGED.

COUNCILMAN SCOTT TO CONSIDER 1000 FOOT BUFFER BETWEEN ESTABLISHMENTS.

SO YOU'VE GOT TWO MEANS BY WHICH YOU CAN DO AN SCP ONE IS BASED ON A ZONING DISTRICT.

IF WHAT YOU ALL WANT TO DO IS TO TO ONLY ALLOW BY RIGHT AND INDUSTRIAL AND ALSO IF YOU CAN'T MEET SUPPLEMENTAL REGULATIONS.

TONY, I THINK THE HEART OF COUNCIL MEMBER SCOTT'S QUESTIONS MAY BE IS THAT CAN YOU HAVE AN SCP TO ALLOW A LIQUOR STORE USE IN A ZONING DISTRICT? THAT'S NOT IT.

GENERAL RETAIL OR COMMERCIAL? IS THAT YOUR QUESTION? COUNCIL MEMBER THE ZONING? I USE AN INDUSTRIAL.

HOW DO WE LABEL THESE OTHER TWO ZONES IN THE.

THE TEXT OF THE ZONING ORDINANCE MUST IDENTIFY WHICH DISTRICTS AND SUP CAN BE CONSIDERED IN FOR THAT USE.

AND THAT'S FAIRLY COMMON IN ZONING ORDINANCES.

IT WILL SAY YOU CAN REQUEST A SPECIFIC USE PERMIT OR A SPECIAL USE PERMIT FOR, SAY, A CHILD CARE CENTER IN THE FOLLOWING DISTRICTS, AND IT WILL IDENTIFY THE DISTRICTS FOR WHICH IT CAN BE SOUGHT.

AND I'M SORRY TO, UH, MISTER LOCKWOOD IS ABSOLUTELY CORRECT.

WE WOULD NOT BUILD THE ORDINANCE IN A WAY WHERE YOU CAN CONTEMPLATE PUTTING A LIQUOR STORE IN ONE OF THESE ZONING DISTRICTS THAT OUTSIDE OF THESE ZONING DISTRICTS, THAT THAT WE'VE DISCUSSED.

OKAY, THAT'S THAT'S WHAT I NEEDED TO KNOW TO MAKE SURE THAT WE DIDN'T RUN INTO PROBLEMS DOWN THE ROAD LITIGATION, BECAUSE WE'RE NOT GOING TO PUT IT IN RESIDENTIAL.

RIGHT. BUT WE ALLOW IN THE OTHERS AND THEY'RE NOT LISTED.

[02:55:01]

RIGHT. OKAY.

ALL RIGHT. THANK YOU.

SO THAT BRINGS US TO EIGHT D RECEIVER REPORT.

HOLD A DISCUSSION AND PROVIDE STAFF DIRECTION ON CITY COUNCIL POLICY.

[8.D. Receive a report, hold a discussion, and provide staff direction on City Council Policy #39 City Council Technology Allowance Policy. (Staff Presenter: Amanda Campos, City Secretary)]

NUMBER 39 CITY COUNCIL TECHNOLOGY ALLOWANCE POLICY.

I AM THE STAFF PRESENTER.

SORRY, MR. JANIS.

BILL. JANIS. BILL JANSCH 117.

NORTHEAST CLINTON I SPOKE WITH TONY THE OTHER DAY, AND THIS CAME BEFORE PNC AND TONY HAD MENTIONED LYDEN ALSO ABOUT DOING LIKE A STOREFRONT TO STOREFRONT PROPERTY LINE.

THE PROPERTY LINE. TO ME, THE PROPERTY LINE TO PROPERTY LINE MAKES MORE SENSE.

UM, YOU COULD HAVE AN AREA LIKE OVER BY, UH, AA CHINA BUFFET, BY HOBBY LOBBY, OTHER STRIP CENTERS TO WHERE IF YOU DO PROPERTY, THEN THAT WOULD ELIMINATE TWO BEING DIFFERENT ENDS OF THE SAME PROPERTY.

THE 70 500 SQUARE FOOT I STOPPED AT.

I DON'T DRINK, BUT I'M NOT AGAINST ANYBODY.

BUT I STOPPED A COUPLE OF DIFFERENT LIQUOR STORES IN THE PAST AND A COUPLE HERE RECENTLY, AND THEY WERE ANYWHERE FROM LIKE 3500 ON UP.

YOU MIGHT HAVE A COUPLE OF DIFFERENT ONES THAT MAY HAVE A HIGH VOLUME, BUT THEY MAY RESTOCK EVERY DAY.

YOU MAY HAVE SOME THAT DON'T GET DELIVERED ONCE A WEEK OR SOMETHING LIKE THAT.