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[00:00:03]

TONIGHT WE HAVE FROM PASTOR OF FAITH TO ALL FAITH MINISTRIES, RON WILLIAMS; THANK YOU FOR BEING HERE, BUDDY.

HE'S GOING TO LEAD US IN PRAYER.

WOULD YOU PLEASE REMAIN STANDING FOR OUR PLEDGES? LET US BOW OUR HEADS.

DEAR HEAVENLY FATHER, WE COME BEFORE YOU THIS AFTERNOON.

THANK YOU FOR YOUR LOVE, GRACE AND MERCY.

WE THANK YOU FOR BEING GOD AND FATHER.

WE THANK YOU FOR THIS MEETING IN THE GREAT CITY OF BURLESON THAT YOU CONTINUE TO GIVE EACH AND EVERYONE IN HERE WISDOM.

GIVE THEM UNDERSTANDING AND GIVE THEM KNOWLEDGE.

FATHER, WE THANK YOU FOR THE BUSINESSES THAT ARE COMING IN AND THE BUSINESSES THAT THEY ARE LOOKING AT.

LORD, WE PRAY THAT EACH AND EVERYONE MAKE THE RIGHT DECISION ON YOUR BEHALF, AND FATHER, WE JUST LIFT YOU UP.

WE GIVE YOU ALL PRAISES.

WE THANK YOU FOR EACH CITY LEADER.

FIRST RESPONDERS HERE, LORD, WE JUST GIVE YOU ALL PRAISES.

WE PRAY FOR OUR MILITARY, AND WE PRAY FOR THOSE WHO COULD NOT ATTEND THE MEETING THIS AFTERNOON.

FATHER, WE PRAY THE HEDGE OF PROTECTION AROUND THIS CITY, AND WE JUST LIFT YOU UP AND GIVE YOU ALL PRAISES IN JESUS NAME, AMEN.

AMEN.

[2.A. Proclamations]

THANK YOU, MAYOR AND COUNCIL.

THAT BRINGS US TO SECTION TWO PUBLIC PRESENTATIONS.

WE DO HAVE A PROCLAMATION TONIGHT, A PROCLAMATION RECOGNIZING PROCUREMENT PROFESSIONALS DAY ON MARCH 13TH, 2024.

THE RECIPIENTS TONIGHT ARE IS NOT RICHARD ABERNATHY, LAWRENCE C, ASSISTANT DIRECTOR OF ADMINISTRATIVE SERVICES.

MAYOR. NOW THEREFORE I MAYOR CHRIS FLETCHER, ON BEHALF OF THE CITIZENS OF BURLESON AND THE ENTIRE CITY COUNCIL, HEREBY PROCLAIM MARCH 13TH, 2024 AS PROCUREMENT PROFESSIONALS DAY IN THE CITY OF BURLESON.

CONGRATULATIONS. WE WANT PICTURES.

YES, MAYOR AND COUNCIL, IF YOU PLEASE, GO DOWN FOR A PICTURE.

[2.B. Presentations]

THANK YOU, MAYOR AND COUNCIL.

THAT BRINGS US TO ITEM.

WE HAVE NO PRESENTATION.

SO THAT BRINGS US TO ITEM TWO C COMMUNITY INTEREST ITEMS.

[2.C. Community Interest Items]

WE'RE MISSING VICTORIA TONIGHT.

WE HAD THE POLICE AWARDS BANQUET, AND IT WAS AMAZING.

IF YOU GUYS COULD SEE OUR POLICE OFFICERS AND HEARD THE THINGS THAT THEY HAVE DONE, YOU'D BE, YOUR CHEST WOULD JUST SWELL.

SO WE'RE REALLY PROUD OF ALL THOSE GUYS.

BILLY'S DOING A GREAT JOB WITH THEM, AND THE OTHER THING WAS WITH JOE LESTER, OUR EMERGENCY OPERATION MANAGER, AND THE CERT PROGRAM.

RIGHT NOW HE'S IN AUSTIN--NO, SAN MARCOS--RECEIVING HIS ASSOCIATION AWARD FOR PUBLIC SERVICE AWARD.

SO CONGRATULATIONS TO THAT GUY, TOO.

HE'S DOING A GREAT JOB ON PRESENTING THINGS AND GETTING THINGS DONE.

SO AND ALSO VICTORIA IS NOT HERE.

SHE'S NOT FEELING WELL. SO HAVE HER IN YOUR PRAYERS.

THANK YOU, MAYOR AND COUNCIL.

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

[3.A. Items to be continued or withdrawn.]

THREE A IS ITEMS TO BE CONTINUED OR WITHDRAWN.

THREE B ARE ITEMS TO BE WITHDRAWN FROM THE CONSENT AGENDA FOR SEPARATE DISCUSSION BY THE CITY COUNCIL STAFF OR MEMBERS OF THE PUBLIC IN ATTENDANCE.

[00:05:06]

ITEMS TO BE ADDED TO THE CONSENT AGENDA REQUIRE AN OFFICIAL VOTE BY THE CITY COUNCIL.

CITY MANAGER LUDWIG MADAM SECRETARY, ITEM SIX A HAS BEEN REQUESTED TO BE WITHDRAWN BY THE APPLICANT.

WHICH ONE HAS THAT? OKAY. SIX A IS WITHDRAWN? YES, SIR. I'VE WITHDRAWN SIX A FROM THE AGENDA.

[4. CITIZENS APPEARANCES]

SO WE WILL MOVE ON TO SECTION FOUR CITIZENS APPEARANCE 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.

THE 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 THE CITY COUNCIL ON AN ITEM POSTED ON THE AGENDA SHALL SPEAK WHEN THAT ITEM IS CALLED FORWARD FOR CONSIDERATION.

I HAVE NO SPEAKER CARDS.

IS THERE ANYBODY IN THE AUDIENCE WHO WOULD LIKE TO ADDRESS THE CITY COUNCIL ON AN ITEM NOT POSTED ON THE AGENDA? I SEE NONE.

AT THIS TIME, MAYOR, I WOULD REQUEST THAT WE TAKE SOMETHING SLIGHTLY OUT OF ORDER AND WE CALL FORWARD ITEM EIGHT A UNDER REPORTS AND PRESENTATIONS

[8.A. Receive a report, hold a discussion and provide staff feedback regarding the Wayside Horn project planned for the Union Pacific Railroad (UPRR) crossing of CR 714. (Staff Presenter: Errick Thompson, Director of Public Works & Engineering)]

IN CONSIDERATION OF THE AUDIENCE WHO HAS BEEN IN ATTENDANCE WAITING FOR OUR 530 MEETING TO START.

EIGHT A IS TO RECEIVE A REPORT, HOLD A DISCUSSION AND PROVIDE STAFF FEEDBACK REGARDING THE WAYSIDE HORN PROJECT PLANNED FOR THE UNION PACIFIC RAILROAD CROSSING AT COUNTY ROAD 714.

THE STAFF PRESENTER THIS EVENING IS DEPUTY CITY MANAGER ERIC OSCARSON, AND ERIC THOMPSON, DIRECTOR OF PUBLIC WORKS AND ENGINEERING.

GOOD EVENING.

HOW'S THAT FOR TIMING? I'M TRYING TO DO THREE THINGS AT ONCE.

TWO SHORT WEEKS AGO.

ACTUALLY, 13 DAYS AGO, YOU HEARD THIS MOST OF THIS PRESENTATION.

SO I'M ACTUALLY GOING TO SKIP THROUGH SOME OF WHAT YOU'VE HEARD RECENTLY AND PROBABLY JUST TRY TO HIT ON SOME OF THE NEW NEW INFORMATION OR CLARIFICATIONS THAT WE'VE ADDED.

THE MAYOR IN PARTICULAR ASKED ABOUT A NUMBER OF RAIL CROSSINGS LAST TIME.

SO WE'VE EXPANDED OUR TABLE A LITTLE BIT TO GIVE YOU THE DATA ON THE FAR RIGHT OF THE COLUMN OF THE TABLE.

IN SHORT, RAIL CROSSINGS AND ACCIDENTS AT RAIL CROSSINGS ARE A REAL ISSUE FOR THE FOR THE COUNTRY, AND I WON'T BELABOR THAT POINT TONIGHT. WE TALKED ABOUT THE FIVE QUIET ZONE PROJECTS FROM BACK IN 2016 FROM NORTH TO SOUTH COMMERCE, RENFRO, ELLISON, ELDRIDGE, AND THEN COUNTY ROAD 714 THAT WE'RE DISCUSSING TONIGHT.

THE FIRST FOUR FROM NORTH TO SOUTH BEING COMPLETED, THE ONES IN OLD TOWN AND OF COURSE, THE ONE AT DOBSON COUNTY ROAD 714.

THE SUBJECT OF TONIGHT'S AND TWO WEEKS AGO DISCUSSION.

IN TOTAL, WE'VE SPENT AS A CITY JUST OVER 1.1 MILLION FOR THOSE FOUR QUIET ZONES THAT ARE COMPLETED, INCLUDING THE DESIGN OF COUNTY ROAD 714 QUIET ZONE, EVEN THOUGH IT WAS NOT BUILT, AND YOU MIGHT RECALL, BUT WE'LL TALK THROUGH A LITTLE BIT MORE ABOUT WHY THAT'S THE CASE.

SAME EXHIBITS FROM LAST TIME.

THIS IS ACTUALLY A COUNTY ROAD WHERE THE CROSSING IS.

THIS SLIDE GIVES YOU KIND OF A VISUAL OF WHAT THE QUIET ZONE DESIGN LOOKS LIKE.

AS I MENTIONED BEFORE IN 2019, THAT HAD A $700,000 COST ESTIMATE.

TODAY FOR CONSTRUCTION IN 2025, WE ANTICIPATE THAT WOULD BE ABOUT 900,000.

SO SUMMER OF 21.

THERE SEEMED TO BE A SHIFT.

OBVIOUSLY, I WASN'T HERE THEN, BUT THERE SEEMED TO BE A SHIFT FROM QUIET ZONE TO WAYSIDE HORN AS A WAY TO GET SOME KIND OF RELIEF TO THE RESIDENTS IN THIS AREA FROM THE TRAIN NOISE. FALL OF 2021, COUNCIL PRESENTED OR STAFF PRESENTED THE WAYSIDE HORN AS AN OPTION, WITH A CONSTRUCTION

[00:10:05]

COST ESTIMATE OF ABOUT 250,000, AND CITY COUNCIL DIRECTED THAT WE MOVE FORWARD IN THAT DIRECTION.

REGULATIONS OR OPERATING RULES REQUIRED THAT THE HORNS ARE BLOWN ON TRAINS APPROXIMATELY A QUARTER MILE AWAY FROM CROSSINGS.

TABLE ON THE RIGHT GIVES A LITTLE IDEA OF DIFFERENT LEVELS OF SOUND AND WHERE THE TRAINS FALL IN.

ALSO SHOWN THERE IS THAT THE WAYSIDE HORN IS RELATIVELY LESS NOISY.

SO ABOUT A 30 OR SO DECIBEL DECREASE IN THE NOISE.

TALKED A LITTLE ABOUT THIS LAST TIME, SO I'LL BRIEFLY TOUCH ON THAT.

WE HIRED A NOISE CONSULTANT BASICALLY TO LOOK AT THE TRAIN HORN VERSUS THE WAYSIDE HORN AT THIS PARTICULAR CROSSING. THEY ACTUALLY WENT OUT IN THE FIELD, DID A BUNCH OF IN THE FIELD TESTING.

YOU SEE A MUCH WIDER RANGE OF YELLOW AND THEN THE ORANGE COLOR FOR THE TRAIN HORN EXHIBIT, COMPARED TO ITS MUCH MORE COMPACT FOR THE WAYSIDE HORN OPTION. SIMILAR SIMILAR INFORMATION BUT IN A DIFFERENT FORMAT.

SO HERE WE'VE GOT READINGS FROM SPECIFIC HOUSES OR POINTS ALONG COUNTY ROAD 714 SHOWING, YOU KNOW, THE MORE CLOSER TO THE RED YOU ARE, THE LOUDER IT IS, AND THE MORE GREEN, THE LESS NOISY IT IS.

THIS STUDY ALSO LOOKED AT A COUPLE OF SOUND WALL OPTIONS THAT WEREN'T DEEMED COST EFFECTIVE BASED ON THE VERY NEGLIGIBLE REDUCTION IN SOUND, AND I THINK THE COST WAS UPWARDS OF AN ADDITIONAL 200,000.

SO THE SOUND WALLS [INAUDIBLE] AND THE DATA SHOWN HERE CORRESPONDS TO THE NON SOUND WALL OPTIONS.

SO DECEMBER 22ND, THE WAYSIDE HORN PLANS WERE COMPLETED AND SENT TO UP TO THE RAILROAD FOR THEIR REVIEW SO THAT THEY COULD ALSO COST ESTIMATE THE RAILROAD INFRASTRUCTURE THAT WOULD BE NEEDED.

THE AUGUST OF 23, WE RECEIVED THAT ESTIMATE, AND IT INCLUDED 345,000 OF RAILROAD INFRASTRUCTURE MODIFICATIONS.

SO THIS IS DIRECTLY FROM THE RAILROAD TELLING THE CITY WHAT THEY WOULD NEED TO DO AND WHAT THAT WHAT THOSE IMPROVEMENTS WOULD COST.

SO AT THIS POINT, WE WERE LOOKING AT 112,000, ROUGHLY FOR THE WAYSIDE HORN AND THE MINOR VERY MINOR ROADWAY IMPROVEMENTS, PLUS ANOTHER 345,000 FOR THE UP IMPROVEMENTS, FOR A TOTAL PROJECT COST OF ABOUT 458,000.

THIS SLIDE KIND OF BREAKS DOWN THE FUNDING AGAIN.

THERE'S EXISTING FUNDING REMAINING OF ABOUT 335,000.

BY THE TIME WE HAD CONSTRUCTION CONTINGENCY AND TESTING AND FLAGGERS FOR THE WORK AND THE RAILROAD INSURANCE THAT WE ARE REQUIRED TO HAVE AND OUR PROJECT MANAGEMENT, IT'S A TOTAL OF AN ESTIMATED COST OF 550,000.

MEANING THAT WE HAVE A SLIGHT OR A DEFICIT OF ABOUT 215,000.

WE HAVE A PRELIMINARY LOOKED AT A COUPLE OF PROJECTS THAT ARE ALLOCATED FUNDING THAT WE THINK WE COULD ADJUST OR REALLOCATE PUSH OUT TIMETABLES ON IN ORDER TO IDENTIFY THIS 215,000 TO GET THE WAYSIDE HORN PROJECT FUNDED, IF THAT'S COUNCIL'S DESIRE. WE ALSO HAVE ANNUAL MAINTENANCE TO WANT TO MAKE SURE WE TOLD YOU ABOUT THAT AS WELL.

SO FOR THE WAYSIDE HORN, THE RAILROAD HAS TOLD US THAT'LL BE ABOUT 11,400 PER YEAR.

WE ARE CURRENTLY OR MOST RECENTLY PAID 10,370 FOR THE ELLISON QUIET ZONE AND 3740 FOR THE RENFRO QUIET ZONE, AND THESE ARE ANNUAL MAINTENANCE PAYMENTS.

SO ADD A LITTLE BIT OF NEW INFORMATION OR CLARIFICATION SINCE THE FEBRUARY 20TH MEETING.

THERE WAS SOME DISCUSSION ABOUT THE NEXT CROSSING SOUTH OF COUNTY ROAD 714 IS THAT WARD LANE.

THAT'S ABOUT A HALF MILE SOUTH OF 714.

SO STRICTLY USING THE GUIDELINES FROM THE FRA HORNS WOULD LIKELY BEGIN TO BE BLOWN ABOUT 880FT SOUTH OF COUNTY ROAD 714 FOR THE WARD LANE CROSSING.

SO WE WON'T IT WON'T BE WE WON'T COMPLETELY ELIMINATE HORNS BEING HEARD FROM THE NEIGHBORHOOD, WITH WARD LANE

[00:15:10]

BEING A HALF MILE TO THE SOUTH, BUT IT'S ALSO IMPORTANT TO POINT OUT.

I THINK COUNCIL MEMBER SCOTT, FOR THIS NUGGET THAT THERE'S REALLY, ON AVERAGE, ABOUT ONE SOUTHBOUND TRAIN A DAY THAT PASSES THROUGH BURLESON ON THIS LINE.

SO THAT WAS.

SO DISCUSSIONS WITH THE COUNTY.

THERE'S ACTUALLY AN INTERLOCAL AGREEMENT WITH THE COUNTY FROM 2016 THAT BASICALLY SAYS THAT THE COUNTY IS FINE WITH THE CITY PURSUING THIS PROJECT. THEY'RE SUPPORTIVE OF THE PROJECT, BUT IT ALSO OUTLINES THAT THE CITY WOULD BE RESPONSIBLE FOR ALL THE COSTS, ALL THE MAINTENANCE, AND THE COUNTY IS STILL NOT HASN'T INDICATED THAT THEY'RE CONSIDERING CONTRIBUTING ANY FINANCIALLY TO THE PROJECT AT THIS POINT.

SO WE'VE GOT TWO DIFFERENT SCHEDULES, AND I WANT TO POINT OUT THAT WHATEVER SCHEDULE WE SHOW YOU IS ALL DEPENDENT UPON RESPONSES FROM THE RAILROAD.

SO FOR THE QUIET ZONE, WE ANTICIPATE THAT WE COULD.

EVENTUALLY GET TO THE PROJECT BEING COMPLETED IN NOVEMBER OF 25.

WITH THE TRAINS.

NO LONGER SOUNDING THEIR HORNS BY FEBRUARY OF 2026.

WAYSIDE HORN, A LITTLE SHORTER SCHEDULE.

IF WE ANTICIPATE THAT WE CAN GET TO THAT POINT OF THE HORNS BEING REPLACED BY THE WAYSIDE HORNS IN JANUARY OF 2025, AGAIN, STILL ALWAYS CONTINGENT UPON RESPONSE FROM THE RAILROAD AND WITH THAT, I THINK WE HAVE NEIGHBORHOOD REPRESENTATIVES THAT MAY HAVE SOME INFORMATION FOR YOU, BUT OTHER THAN THAT, I'D BE HAPPY TO TAKE QUESTIONS.

ANYBODY? IS THERE ANYONE THAT WOULD LIKE TO SPEAK? MAYOR, I DO HAVE SOME SPEAKER CARDS.

WOULD YOU LIKE THOSE BEFORE OR AFTER COUNCIL'S COMMENTS? YEAH, I WOULD.

BEFORE? YES.

OKAY. FIRST CARD I HAVE IS RUSTY SCOTT.

[INAUDIBLE] I JUST WANT TO INTRODUCE MYSELF.

MY NAME IS RUSTY SCOTT AND I'M A VALLEY CREST RESIDENT FROM PROBABLY ABOUT THE LAST 12 YEARS, AND ALSO A BOARD MEMBER OF THE HOA HERE REPRESENTING THE GOVERNING SIDE, I GUESS, OF THE NEIGHBORHOOD, AND FIRST OFF IS I'D LIKE TO ACKNOWLEDGE THE CITY SECRETARY AND THE ASSISTANT CITY ASSISTANT BECAUSE THEY HELPED IN PROVIDING YOU ALL A PACKAGE.

I ASSUME THAT YOU ALL RECEIVED A PACKAGE FROM US, AND WHAT THAT PACKAGE ENTAILED WAS, IS THAT IT SHOWED I KNOW THERE'S SOME MEMBERS THAT WERE INVOLVED, YOU KNOW, ALL THE WAY BACK TO 2016, AND THEN THERE'S A LOT OF NEW NEW PARTICIPANTS FROM THE CITY COUNCIL, AND I JUST WANTED TO WE WANTED TO AS A BODY.

WE WANTED TO CONVEY THAT TO YOU ALL AND LET YOU KNOW WHAT THE CORRESPONDENCE, THE DOCUMENTS, THE PLANS THE COSTING FUNDING IN SOME KIND OF CHRONOLOGICAL ORDER SO THAT YOU'LL HAVE THAT, AS, YOU KNOW, AS PART OF YOUR CONSIDERATION.

SO THANK YOU AGAIN FOR THEM PROVIDING THAT.

ALSO, TOO, I WAS GOING TO TALK ABOUT SEVERAL ITEMS AND I THINK REALLY WHAT THIS ALL KIND OF BOILS DOWN TO IS THAT WE'LL SEE THAT WE HAVE WE HAVE A LOT OF SUPPORT HERE AND I THINK WE'RE I THINK AS A WHOLE, THE AREA DOWN THERE WANTS A QUIET ZONE.

WE HAD WE TALKED ABOUT WE'VE SO-CALLED KICKED THIS PROJECT DOWN THE ROAD NUMEROUS TIMES OVER THE LAST EIGHT YEARS AND THAT YOU KNOW, THAT IT'S GOTTEN TO THE POINT NOW THAT, YOU KNOW, WE STARTED CONSIDERING THE WAYSIDE HORN AS A SUGGESTION FROM THE FROM THE CITY AS AN ALTERNATE TO FIXING THE QUIET ZONE, BUT WE ALSO TO REALIZE THAT, YOU KNOW, FROM YOUR PREDECESSORS THAT, YOU KNOW, THERE WAS A LOT OF COMMITMENTS MADE SOME OF IT WAS FULFILLED, SOME OF IT WASN'T, AND THE FACT IS ALSO TOO IS THAT, YOU KNOW, OUR CONCERN IS, IS THAT IN THE COMMUNICATION THAT WAS GIVEN TO US BACK IN THOSE THOSE TIMES, WE WERE UNDER THE ASSUMPTION NOT ONLY THAT

[00:20:01]

WE WERE GOING TO HAVE IT COMPLETED, BUT ALSO TO WHEN THE WHOLE PROJECT STARTED, THAT OUR AREA DOWN THERE WAS GOING TO BE THE FIRST ONE ADDRESSED.

SO CONSEQUENTLY, WHAT HAS HAPPENED SINCE THEN IS, IS THE FOUR IN DOWNTOWN HAVE BEEN FINISHED AND WE'RE STILL, YOU KNOW, SIX, SEVEN YEARS LATER, WE'RE STILL WAITING ON ON ACTIVITY DOWN THERE IN THAT AREA, FIXING THAT PARTICULAR LOCATION.

SO I THINK REALLY, AS WE'VE SEEN FROM MULTIPLE PRESENTATIONS, IS THAT THE BOTTOM LINE IS, IS ONE IS IS TRYING TO DECIDE, YOU KNOW, THIS IS A COST ISSUE, AND, YOU KNOW, AS WE EVERYBODY REALIZES THAT I MEAN, WE'RE TRYING TO WERE THE FUNDS ARE AVAILABLE WHERE THEY'VE GOT TO BE RE-APPROPRIATED, BUT YOU KNOW WE'RE BOTTOM LINE IS IT'S A, YOU KNOW, WE'RE CONCERNED ABOUT THE SAFETY OF THE INTERSECTION.

WE'RE CONCERNED ABOUT THE NOISE A LOT OF OTHER THINGS THAT WILL BE BENEFICIAL TO THE CITY AS A WHOLE, BUT IT REALLY COMES DOWN TO COST, AND SO WE NEED TO FIGURE OUT, I THINK, THROUGH THE DISCUSSIONS MOVING FORWARD, IS THAT WHAT IS THE CITY WILLING TO APPROPRIATE FOR THIS AREA? AND YOU KNOW, WHERE THE FUNDS ARE GOING TO COME FROM, AND THEN MOST OF ALL, IS THAT PART OF THAT IS THAT IT ALSO BOILS DOWN TO IS THAT WE REALLY HAVE FOUR FOUR OPTIONS, AND THE FOUR OPTIONS IS, IS THE QUIET ZONE THE WAYSIDE HORN, OR WE HAVE RE-APPROPRIATION OF THE FUNDS MOVING THEM TO ANOTHER AREA OR THERE'S JUST NOTHING DONE AT ALL, AND SO FROM MY STANDPOINT, I THINK THAT WE NEED TO THE TWO MAJOR POINTS THAT WE NEED TO ADDRESS IS, IS THAT WE NEED TO ADDRESS WHAT IS THE CITY WILLING TO FUND AS FAR AS THE PROJECT.

FINALLY, DECIDE ON WHAT THE PROJECT IS GOING TO BE, DETERMINE WHAT THE TIMELINES, THE DESIGNS, APPROVALS AND THINGS LIKE THAT AND MOVE FORWARD AND I THINK THAT'S WHAT'S CRITICAL.

I THINK WE'RE GOING TO ADDRESS THAT TONIGHT.

THE LAST TIME WE SPOKE, I BELIEVE, [INAUDIBLE], THE WAYSIDE HORN WAS ACCEPTABLE.

IS THAT STILL CORRECT? WE WOULD PREFER IT TO BE THE QUIET ZONE, YOU KNOW, ACCORDING TO THE ORIGINAL AGREEMENT, BUT YOU KNOW, IF THAT IS A IF THAT IS THE ONLY THING, IF THE WAYSIDE HORN IS THE ONLY THING THAT WE CAN OBTAIN DOWN HERE, WE'RE WILLING TO YOU KNOW, BACK OFF OF THE QUIET ZONE AND ACCEPT THE WAYSIDE HORN AS A SOLUTION. ONE OF THE THINGS THAT I'VE BEEN TOLD THAT THE QUIET ZONE IS NOT AS SAFE AS IT SHOULD BE.

WE HAVE A CONCERN ABOUT THAT, BUT ALSO THE COST RIGHT NOW.

WELL, OUR THINKING IS, IS THAT NOT ONLY THAT, IT WAS, YOU KNOW, BACK IN THE ORIGINAL DESIGN AND THE ORIGINAL PACKAGE THAT WAS PUT TOGETHER DESIGN CONCEPT AND APPROVALS, NOT ONLY FROM THE CITY, BUT FROM THE TXDOT, THE FRA, THE RAILROAD AND ALL THE ENTITIES THAT WERE INVOLVED.

SO IS SO I GUESS WHAT WE'RE KIND OF IT'S KIND OF HARD FOR US TO UNDERSTAND IS, IS THAT THE CITY APPROVED A CONCEPT AND PUT IT INTO A HIGH VOLUME.

AN AREA IN FOUR LOCATIONS INTO THE DOWNTOWN AREA, AND NOW THERE'S A CONCERN ABOUT THE QUIETNESS OR THE NOT ONLY THE QUIETNESS, BUT THE SAFETY AS A WHOLE. SO IS IT NOT SAFE FOR THE DOWNTOWN AREA SINCE WE'RE USING THE QUIET ZONE? I HAVE NO IDEA. I'M SORRY.

I'M A NEW KID. OKAY, SO THIS IS KIND OF WHERE WE'RE KIND OF SEEING YOU KNOW, DIFFERENT, DIFFERENT VIEWPOINTS.

YOU KNOW, RELATED TO THIS IS, IS THAT IF IT WAS ACCEPTABLE IN A HIGH FLOW, HIGH LOCATION IN NUMEROUS LOCATIONS IN A CONSOLIDATED AREA, AND IT WAS AND NOW IT'S BEING CONSIDERED THAT IT'S NOT NECESSARILY SAFE, AND THEN, YOU KNOW, WHY ARE WE STILL ALLOWING IT TO BE GOING ON IN DOWNTOWN AREA? I HAVE NO IDEA, BUT I'D LIKE TO MOVE FORWARD WITH YOU.

IF IT WAS, A WAYSIDE HORN WOULD BE ACCEPTABLE TO YOU ALL.

I THINK WE COULD WE COULD BE MORE VERSED IN MOVING QUICKER BECAUSE, YOU KNOW, AND IT'S PRETTY OBVIOUS RAILROAD HAS THEIR OWN TIME FRAME.

THEY REALLY DO.

NOW WE'VE ALREADY KIND OF MAYBE WE DROPPED THE BALL UP HERE, BUT NOW IT'S I WOULD LOVE TO GET GET YOU GUYS ON A ROAD OF SOME TYPE OF PATH THAT YOU COULD USE, AND I THINK THE WAYSIDE WOULD MAKE IT EASIER ON US.

ALSO TO THE WAY WE VIEW THIS IS THAT, YOU KNOW, THE FOUR LOCATIONS IN DOWNTOWN WERE WERE DESIGNED, APPROVED FUNDS WERE APPROPRIATED, EVERYTHING WAS COMPLETED, AND EVEN THE UPDATES THAT WERE REQUIRED WAS DONE IN ABOUT A TWO TO TWO AND A HALF YEAR PERIOD.

THAT'S IN FOUR LOCATIONS AND NOW WE'RE SEEING THAT WE COULD POSSIBLY BE DRAGGING IT OUT FOR ANOTHER 2 OR 3, 4 OR 5 YEARS.

YOU KNOW, JUST BECAUSE THE WAY WE LOOK AT IT IS, IS THAT WE'RE NOT SEEING A LOT OF FACTUAL INFORMATION.

YOU KNOW, WE'RE AND, YOU KNOW, IN PLANNING PROJECTS, WE GET THAT THERE'S A LOT OF ASSUMPTIONS THAT HAVE TO BE MADE MADE, AND YOU KNOW, ALL THE DIFFERENT ENTITIES ARE INVOLVED LIKE THAT, BUT WE WERE BUT THE CITY WAS PRETTY SUCCESSFUL IN THE DOWNTOWN AREA, AND GETTING THE FOUR LOCATIONS DONE IN ABOUT TWO, TWO AND A HALF YEARS.

SO, YOU KNOW, WE ANTICIPATE THE SAME THE SAME ACTIVITY COULD BE DONE OUT THERE, AND NOW THAT ANOTHER SUGGESTION IS THAT WHAT I'D LIKE TO DO IS IF, YOU KNOW, IF WE WANT TO STILL PURSUE THE, THE, THE WAYSIDE, I MEAN, THE QUIET ZONE DOWN THERE IS THAT WE PUT TOGETHER A TASK FORCE AND THAT COULD, YOU KNOW, PART OF THE COMMUNITY MEMBERS HERE, IT COULD

[00:25:09]

BE A CITY COUNCILMAN, MAYBE COUNCILMAN SCOTT COULD BE INVOLVED WITH IT.

MAYBE SOME OF THE CITY PLANNERS COULD BE INVOLVED, AND WE FIGURE OUT A WAY TO TRY TO GET THIS THING EXPEDITED AND ALSO TO BY GETTING IT EXPEDITED, WE'RE GOING TO SAVE TIME AND WE'RE GOING TO SAVE COST.

WELL, THE STATEMENT THAT WAS MADE I CAN'T I'M SORRY, I CAN'T REMEMBER YOUR NAME, BUT YOU SAID NO TODAY THAT THE WAYSIDE HORN WAS WAS ACCEPTABLE AND THAT WOULD BE A PATH THAT I'D LIKE TO MOVE FORWARD ON QUICKER THAN THAN HAVING A GROUP AND STUDY IT AND SEE IF WE CAN GET THIS DONE FOR YOU QUICKER.

YEAH, AND THE AND THE OTHER SIDE OF IT IS IN THE PACKET THAT I PROVIDED TO YOU.

IF YOU LOOK AT ONE OF THE PLANS IN THERE, THE PLAN THAT WAS THE FINAL PLAN THAT WAS PRESENTED IN THAT PACKET BACK IN 2000, I DON'T KNOW, 17 OR 18 OR WHATEVER IT WAS, IS ALMOST IDENTICAL TO THE ONE THAT'S BEEN APPROVED CURRENTLY R IGHT NOW IT'S BEING PROPOSED AS FOR THE QUIET ZONE.

SO A LOT OF THIS APPROVAL AND A LOT OF THE SO-CALLED HEAVY LIFTING HAS ALREADY WAS DONE, YOU KNOW, FIVE YEARS AGO OR SO, AND WE'RE JUST WE'RE JUST KEEP GOING NOW THEN TO, YOU KNOW, TO TALK ABOUT YOUR WITH THE WAYSIDE HORN, IF, YOU KNOW, AGAIN, IF THAT'S IF THAT'S THE THING THAT'S ACCEPTABLE AND WE CAN DETERMINE THAT'S GOING TO BE THE FOCUS OF A PROJECT AND WE CAN GET IT DONE IN A SHORT PERIOD OF TIME, AND THAT'S OUR ONLY SOLUTION DUE TO COST OR DELAYS OR WHEREVER, YOU KNOW, WE ASSIGN TO IT.

IF THAT'S IF THAT'S IT, THEN, YOU KNOW, WE'LL ACCEPT THAT.

WHY DON'T YOU ALL DISCUSS THAT AND GET BACK TO US? BUT RIGHT NOW, IN A SHORT PERIOD OF TIME, IS A LOOSE USE OF THE TERM IT SEEMS LIKE ANYMORE.

SO DOES ANYBODY HAVE ANY OTHER THINGS TO ADD TO THIS? YEAH, WE'D LIKE TO ALL DISCUSS A PART OF THIS PROBABLY BEFORE WE MAKE A COMMITMENT, AND I'VE ACTUALLY GOT FOUR OTHER SPEAKER CARDS HERE.

MAYOR. MAYOR, WE COULD PROBABLY SHORT CIRCUIT THIS FROM OUR SIDE BECAUSE WE HAVE SEVERAL.

THE BULK OF THE PEOPLE THAT ARE HERE ARE ARE RESIDENTS OF OAK VALLEY.

I MEAN, NOT OAK VALLEY, BUT VALLEY CREST, AND THEN WE HAVE A COUPLE OF RESIDENTS THAT ARE FROM HIDDEN VISTA AND SOME OF THE SURROUNDING NEIGHBORHOODS ALSO, TOO, BUT TO SPEAK TO THE SOLIDARITY OF THE WAYSIDE WAYSIDE HORN AT VALLEY CREST, I THINK WE COULD PROBABLY JUST TAKE A VOTE RIGHT NOW AND DETERMINE WHICH WAY WE WANT TO GO, IF THAT'S ACCEPTABLE, AND NOT LABOR THIS FURTHER DOWN THE ROAD.

IS THAT OKAY? NO, THEY CAN'T HAVE OUR HOA MEETING.

NO WE THIS IS JUST BEFORE THE CITY COUNCIL ACTUALLY EVEN NOT EVEN BEFORE THE CITY COUNCIL FOR A VOTE THIS EVENING.

IT'S JUST A REPORTS AND PRESENTATION.

WELL, I THINK HE'S I THINK YOU'RE TALKING ABOUT THEM TO GO OUTSIDE AND TAKE A VOTE.

OKAY. I MEAN, I'VE GOT SPEAKER CARDS UNLESS THE SPEAKERS DO NOT WANT TO SPEAK.

YEAH, I WAS GOING TO SAY THEY STILL HAVE A RIGHT TO BE HEARD BEFORE THE CITY COUNCIL ON THEIR VIEWS.

OKAY. SO I CAN START CALLING UP THE REST OF THE SPEAKERS.

I WILL GIVE YOU MY PHONE NUMBER.

OKAY. THERE WE GO.

ANYBODY ELSE? I'M SORRY TO INTERRUPT YOU, BUT, YOU KNOW, THIS WAS, AND I APPRECIATE THAT.

THAT MEANS A LOT TO US TO BE ABLE TO BE ABLE TO CONTACT YOU, YOU KNOW, TO DISCUSS THIS PERSONALLY.

EVERYBODY UP HERE WANTS TO HELP YOU OUT.

WE REALLY DO, AND I DON'T KNOW WHAT'S HAPPENED IN THE PAST.

I CAN'T ANSWER FOR THAT.

I KNOW THAT OLD TOWN HAS THEIR OWN REVENUE STREAM OF TAXES.

WE UNDERSTAND.

OKAY. SO AND WE HAVE TO FIGURE OUT HOW TO PAY FOR SOME OF THIS STUFF.

I HAVE NO IDEA WHAT WENT ON IN THE PAST.

LET'S MOVE FORWARD. LET'S FIGURE OUT HOW TO GET THIS DONE.

OKAY. WELL, AND ALSO YOU KNOW, WE WERE ANOTHER POINT WAS THE FACT THAT, YOU KNOW, IN OUR LAST MEETING THERE WAS, YOU KNOW, THAT SAID SOME OF THE CITY COUNCIL MEMBERS WOULD POTENTIALLY COME DOWN AND CONTACT SOME OF THE RESIDENTS DOWN THERE, AND, YOU KNOW, AND WE YOU KNOW, WE DIDN'T SEE ANYONE COME DOWN TO KIND OF GET, YOU KNOW, WITH US OR TRY TO DISCUSS THE, YOU KNOW, THE SUBJECT ANY FURTHER.

SO, BUT THAT'S, THAT'S WATER, YOU KNOW, OKAY.

SO WE CAN WE CAN STILL YOU HAD THREE MINUTES ABOUT FIVE MINUTES AGO.

SO I'M GOING TO SET YOU DOWN.

ALL RIGHT. IS THERE ANYBODY ELSE? OKAY. CALL HIM UP.

NEXT SPEAKER CARD I HAVE IS GARY GILLILAND.

MAYOR, COUNCIL, CITY STAFF AND CITIZENS.

MY NAME IS GARY GILLILAND.

MY WIFE AND I RESIDE AT 100 OAK VIEW COURT HERE IN VALLEY CREST.

AT THE LAST COUNCIL MEETING, ONE OF THE THINGS THAT WAS DISCUSSED WAS THE FACT THAT THIS HAS BEEN APPROVED IN THE PAST BY SOME OF THESE MEMBERS OF COUNCIL THAT ARE PRESENT TODAY AND SOME THAT WEREN'T ON THE COUNCIL.

WE HEARD A LOT OF COMMENTS.

WE HEARD ONE COUNCIL MEMBER COMMENT THAT THIS MONEY SHOULD JUST BE PUT IN WITH A SIDEWALK PROGRAM AND MOVE ALONG WITH THAT, WE HEARD ANOTHER COUNCIL MEMBER STATE THAT THE WAYSIDE HORN WOULD STILL MAKE NOISE, BUT NOT AS MUCH NOISE.

ANOTHER COMMENT FROM A COUNCIL MEMBER THAT WE'D BE RESPONSIBLE FOR THE MAINTENANCE OF THE HORN.

[00:30:04]

WHEN THE DISCUSSION WAS COMPLETED, THE COUNCIL AGREED TO MEET WITH US IN THE INTERIM B ETWEEN THAT MEETING AND THIS MEETING.

WE NEVER HEARD FROM ANYBODY, AND SO WE KIND OF EXPECTED SOMETHING MORE THAN, YOU KNOW, US GIVING UP OUR TIME, LIKE YOU, YOU GUYS DO AND, AND STAFF AND SO WE'RE KIND OF FEELING THAT EVERYBODY HERE IS NOT ON THE SAME PAGE.

THERE WERE A LOT OF NEGATIVE THINGS THAT WERE SAID ABOUT THE WAYSIDE HORN THE DAY THAT IT WAS TESTED.

MY WIFE AND I WERE OUTSIDE ALL DAY, NEVER HEARD THE HORN, DIDN'T EVEN KNOW IT HAD BEEN TESTED UNTIL WE HEARD FROM OTHER MEMBERS OF THE NEIGHBORHOOD.

YEAH, THE PROJECT DOES COST MORE.

I'M SURE SOME OF THAT WOULD FALL ON THE RAILROAD, AND I'VE HAD 30 YEARS OF EXPERIENCE DEALING WITH THE RAILROAD AND HOW THEY DO THINGS IN TEXAS.

WE'RE VERY AWARE OF HOW THEY CAN DRAW THINGS LIKE THIS OUT.

I RETIRED FROM TWO MUNICIPALITIES IN THE DALLAS FORT WORTH AREA THAT WENT THROUGH THIS PROCESS, SO I'M FULLY AWARE OF HOW MUCH GOES INTO IT.

NOT NOT JUST PHYSICALLY, BUT JUST HOW MANY MEETINGS AND HOW MUCH TIME IS SPENT ON STUFF LIKE THIS WITH THE RAILROAD.

I DON'T CARE WHAT IT IS YOU WANT TO DO, AND YEAH, THE MAINTENANCE FALLS ON IT, JUST LIKE MOST THINGS THAT WE HAVE HERE.

YOU KNOW, TXDOT, OTHER PEOPLE HAVE SOME RESPONSIBILITY, BUT TRAFFIC SIGNALS EVERYTHING THAT WE HAVE HERE, IT'S MOSTLY OUR RESPONSIBILITY, AND OF COURSE, IT IS SOME OF SOME OF THE THINGS THAT WE HEAR IN THE NEIGHBORHOOD LEAD US TO BELIEVE THAT THERE'S A LOSS OF COMMUNICATION AND A LOSS OF TRUST BETWEEN THE RESIDENTS, AND WE ARE RESIDENTS.

I WANT TO REMIND YOU THAT EVEN THOUGH WE'RE ON THE FAR OUTSIDE REACHES OF THE CITY, WE ARE RESIDENTS, AND WE HAVE EXPECTATIONS JUST LIKE ANYBODY ELSE THAT LIVES HERE.

I DON'T CARE WHAT IT IS THAT GETS TO YOU.

WE ALL HAVE EXPECTATIONS.

ONE OF THE EXPECTATIONS THAT WE HAVE IS, IS THAT WE MAKE IMPROVEMENTS TO THE CITY, AND WE'VE DONE THAT HERE AND I'VE LIVED HERE ALMOST TEN YEARS FEW MONTHS, SHORT OF TEN YEARS.

I'VE SEEN THE CITY CHANGE IN A LOT OF WAYS.

MOST OF THAT FALLS ON, ON THE WORK THAT CITY STAFF AND COUNCIL DOES, AND I JUST WANT TO SAY THAT THERE ARE PEOPLE THAT HAVE MOVED INTO OUR DEVELOPMENT THAT HAVE LIVED THERE YEARS WITH THE EXPECTATION THAT THIS WAS GOING TO BE DONE BECAUSE IT WAS APPROVED BY COUNCIL, AND THE LAST THING I WANT TO SAY IS, IS THAT WE WANT TO WORK WITH CITY STAFF.

YOU KNOW, AS I SAID BEFORE, WE WANT TO IMPROVE THINGS.

THIS IS AN IMPROVEMENT FOR THE PEOPLE THAT LIVE AROUND THERE.

YEAH, WE KNEW THE TRAIN TRACKS WERE THERE WHEN WE MOVED HERE.

OF COURSE WE DID, AND WE ACCEPTED THAT, BUT IT DOESN'T CHANGE THE FACT THAT WE NOW HAVE THE ABILITY TO MAKE AN IMPROVEMENT TO OUR LIVES AND THE LIVES OF THE PEOPLE THAT LIVE IN THAT VICINITY, AND WE ALL KNOW THAT SOMEDAY ALL THESE CHANGES WILL TAKE PLACE AT THAT INTERSECTION AS THE CITY MOVES THROUGH TEN YEAR PROGRAMS, ETC., TO MAKE TRAFFIC BE ABLE TO MOVE AROUND IN THE CITY.

I JUST ASK YOU PERSONALLY TO THINK ABOUT WHAT'S HAPPENED TO THE PEOPLE THAT LIVE IN THIS VICINITY AS FAR AS OUR EXPECTATIONS FOR THE COUNCIL AND, AND CITY STAFF AND I THANK YOU FOR YOUR TIME.

THE NEXT SPEAKER I HAVE IS CASSANDRA [INAUDIBLE].

THANK YOU, LADIES AND GENTLEMEN, FOR YOUR TIME TODAY.

I'M CASSANDRA [INAUDIBLE], AND I LIVE AT 1440 VALLEY CREST DRIVE, AND I'M ONE OF THE ORIGINAL, LONGEST STANDING MEMBERS OF OUR COMMUNITY.

SO I'VE BEEN IN EVERY ONE OF THESE CONVERSATIONS, AND I THINK NOT TO REPEAT, BUT TO JUST MAKE A FEW CLARIFICATIONS ABOUT WHY THERE IS FRUSTRATION OVER THIS.

I THINK WE ALL UNDERSTAND THE COST IS NOT INSIGNIFICANT.

WE KNOW YOU HAVE TO PRIORITIZE WHERE THE COSTS GO AND WHAT WE SPEND MONEY ON IN BURLESON, BUT I THINK YOU NEED TO APPRECIATE, FOR THOSE OF YOU THAT ARE ENTERING THESE CONVERSATIONS NOW, MAYBE HAVE NOT BEEN PRIVY TO WHAT'S HAPPENED IN THE PAST, THAT WE'VE HAD SO MANY CONVERSATIONS TO COUNT, AND NOT ONLY ON THIS.

OKAY, SO FOR THOSE OF YOU THAT MAY BE THINKING, WELL, YOU BOUGHT YOUR HOME KNOWING THAT THERE WAS A TRACK THERE, SO YOU SHOULDN'T HAVE BOUGHT YOUR HOME IF YOU DIDN'T WANT TO BE BY THE RAILROAD TRACK. I'M SURE THAT CROSSES PEOPLE'S MINDS NEED TO UNDERSTAND THAT WHEN THIS DEVELOPMENT WAS ESTABLISHED, THERE WERE MULTIPLE THINGS THAT WERE DISCUSSED WITH

[00:35:02]

THE DEVELOPER AND WERE DECIDED WITH THE DEVELOPER, ONE OF WHICH WAS THAT WE WERE TO REPLAT THE TRACK AND LOTS CLOSEST TO THE TRACK TO ALLOW FOR A PARK AND A WALKING TRAIL NEVER HAPPENED.

WE WERE GOING TO HAVE ON THE REGULAR COMMITTED MOWING AND MAINTENANCE OF THE PROPERTY ALL AROUND OUR COMMUNITY TO BE DONE WITHOUT US HAVING TO EVER WORRY ABOUT TRACKING PEOPLE DOWN, GETTING IT SCHEDULED.

NOT HAPPENING.

WE WERE SUPPOSED TO HAVE NICE, PRETTY LOOKING STREET LAMPS IN OUR DEVELOPMENT.

WE WERE TOLD WE COULD NOT HAVE THOSE AFTER THE DEVELOPMENT WAS STARTED, BECAUSE THEY WOULD BE TOO EXPENSIVE TO MAINTAIN ALL OF THE SURROUNDING DEVELOPMENTS AROUND US HAVE THOSE. WE STILL DON'T HAVE THOSE AND WE PROBABLY WON'T EVER HAVE THOSE.

SO WHAT YOU NEED TO UNDERSTAND IS IT ISN'T JUST THIS, OKAY, THIS IS THE MORE SIGNIFICANT THING OF THE ONES WE'VE DISCUSSED WITH CITY COUNCIL, WHERE WE BELIEVE A COMMITMENT WAS MADE MULTIPLE TIMES IN MULTIPLE CONVERSATIONS, AND WHEN WE HAD ONE OF THE LAST DISCUSSIONS IN PERSON, AND THE CITY MANAGER AT THE TIME SAID, WELL, I DON'T HAVE THE BACKGROUND ON THIS, AND I MEAN, WERE THESE REAL CONVERSATIONS OR WERE THESE KIND OF LIKE SIDE CONVERSATIONS? I WENT BACK THROUGH ALL OF THE AGENDAS.

I WENT BACK THROUGH ALL OF THE LETTERS, ALL OF THE CORRESPONDENCES, EVERYTHING, AND MADE COPIES OF ALL OF IT AND SAID, AT THIS POINT, WE SIMPLY BELIEVE THAT THERE WAS AN AGREEMENT MADE MULTIPLE TIMES OVER MULTIPLE DIFFERENT DISCUSSIONS AND ITERATIONS, AND IT'S HARD NOW TO KNOW WHETHER THERE CAN BE TRUST AND CONFIDENCE IN ANY OF THE CONVERSATIONS GOING FORWARD.

SO WE APPRECIATE THE CONSIDERATION.

WE ARE WILLING TO CONSIDER THE CONCESSION OF THE WAYSIDE HORN BUT I THINK YOU NEED TO UNDERSTAND THAT MULTIPLE TIMES OVER, A COMMITMENT WAS MADE, INCLUDING IN THE BROADER PROJECT THAT WAS DONE WITH THE REMAINDER OF BURLESON WAYSIDE HORNS, NO BLOW ZONES, WHATEVER THEY WERE CLASSIFIED AS WE WERE IN THAT PROJECT, AND WHEN IT DID NOT HAPPEN AT COUNTY ROAD 714, OUR UNDERSTANDING WAS THAT AN ADDITIONAL $400,000 WAS ALLOCATED TO THEN COME AND DO 714 LATER, AND THAT DIDN'T HAPPEN EITHER.

SO WHERE THE TRUTH LIES IN ALL OF THIS, I CAN'T ANSWER BECAUSE I'M NOT IN ALL OF THE CONVERSATIONS HAPPENING.

I CAN ONLY CONVEY TO YOU THAT WE'VE TRIED, WE FOLLOWED UP, WE HAVE DONE EVERYTHING WE POSSIBLY CAN SINCE THESE CONVERSATIONS STARTED IN 2016, AND WE WOULD JUST RESPECTFULLY REQUEST THAT WE HAVE AN HONEST, TRUTHFUL COMMITMENT AT THIS POINT AND THAT IF WE ACTUALLY LAY OUT A PLAN THAT WE FOLLOW THROUGH WITH AT THIS TIME. THANK YOU FOR YOUR TIME.

THE NEXT SPEAKER CARD I HAVE IS MARK HILL.

OKAY. MAYBE HE HAD TO LEAVE.

I BELIEVE HE HAD TO LEAVE.

OKAY. ALL RIGHT, WE'LL MOVE ON TO NEXT SPEAKER CARD I HAVE IS BOB [INAUDIBLE].

HI, THANK YOU FOR ALLOWING US TO SPEAK THIS EVENING.

MY NAME IS BOB [INAUDIBLE].

I'M ON SAINT ELIAS DRIVE IN STONEGATE, AND I'M HERE REPRESENTING MYSELF AND THE 600 RESIDENTS IN THAT DEVELOPMENT.

I THINK ONE OF THE THINGS THAT MAY GET OVERLOOKED HERE IS WE LOOK AT VALLEY CREST AS BEING THE ONLY AREA THAT IS AFFECTED BY THAT, AND THIS IS NOT AN ACCURATE STATEMENT.

YOU'VE GOT HIDDEN VISTAS WHERE PEOPLE ARE RIGHT ON TOP OF THE TRACKS AND YOU'VE GOT STONEGATE, WHERE THAT NOISE JUST COMES RIGHT UP, AND I THINK YOU HAD MENTIONED THAT THERE'S ON AVERAGE OF ONE TRAIN A DAY.

WELL, I'M HERE TO TELL YOU, IT WOKE ME UP THREE TIMES FRIDAY NIGHT.

I'M HERE TO TELL YOU THAT THIS MORNING, BECAUSE I GO OUT EVERY MORNING, I WALK.

I WALK MY DOG FIVE TIMES BETWEEN 5:30 AND NOON TODAY.

IT IS NOT A, YOU KNOW, INSIGNIFICANT BURDEN TO THE PEOPLE THAT LIVE THERE.

SO THE OTHER THING I DID WANT TO MENTION ALSO IS AND WHY IT DOES AFFECT OTHER PEOPLE, IS THE HORN REGULATIONS IN CFR 49.

IT'S NOT A QUARTER MILE, IT'S A MINIMUM OF A QUARTER MILE, AND IT'S ALSO REGULATED BY THE TIMING, AND THOSE HORNS ARE GOING OFF DIRECTLY BELOW OUR SUBDIVISION, DIRECTLY BEHIND THE HOUSE AT HIDDEN VISTAS.

SO THEY'RE GETTING IT JUST AS MUCH AS VALLEY CREST.

THE IMPACT OF A WAYSIDE HORN, I DON'T KNOW, I WASN'T HERE WHEN THAT WAS TESTED.

NOBODY CAME TO THE OTHER SUBDIVISIONS AGAIN BECAUSE IT'S ALL BEEN FOCUSED ON VALLEY CREST, BUT IT'S NOT JUST A VALLEY CREST

[00:40:07]

ISSUE. THANK YOU.

RUBEN GONZALEZ.

I'M THE LAST SPEAKER, CORRECT? RIGHT ON. TO GIVE YOU AN IDEA, THIS WEEKEND, I DROVE AROUND THE SURROUNDING COMMUNITIES, AND I TALKED TO THE RESIDENTS, AND THEY SEEMED TO HATE THE TRAIN HORN AS MUCH AS WE DO. SO JUST GIVES YOU AN IDEA OF THE SURROUNDING COMMUNITIES ARE AFFECTED.

WE'VE NEVER ENGAGED THE COMMUNITIES BECAUSE WE DIDN'T THINK WE HAD TO.

WE THOUGHT WE HAD AN APPROVED PROCESS.

SO WE DID ENGAGE SOME OF THE COMMUNITIES, AND I WAS JUST SURPRISED BY HOW FAR THAT TRAIN HORN ACTUALLY REACHES.

I MEAN, I WAS DRIVING INTO THE CENTER OF THE COMMUNITIES, JUST TALKING TO THE AVERAGE JOE AND THE AVERAGE PERSON, AND THEY HATED THE TRAIN HORN JUST AS MUCH AS WE DID.

SO THE ONLY THING THAT CONCERNS ME ABOUT SOME OF THE COMMENTS THAT WERE MADE A LITTLE EARLIER, AND I JUST WANT YOU TO CONSIDER THIS IS THEY SAID THAT THE RAILROAD TRACK MIGHT HAVE A SECONDARY RAILROAD TRACK, AND THE ONLY REASON YOU WOULD DO THAT IS TO INCREASE VOLUME.

SO YOU GET ONE TRAIN OUT OF THE WAY WHILE ANOTHER ONE CAN PASS.

SO ALL YOU'RE LOOKING AT IS THAT WILL INCREASE THE TRAFFIC FLOW RIGHT THERE THROUGH THAT AREA IF THEY EVER DID THAT, AND TO MY KNOWLEDGE, THAT LAND BELONGS TO THE CITY.

SO I THINK YOU ALL WOULD HAVE TO SELL IT TO THE RAILROAD FIRST.

SO I'M NOT SURE ABOUT ALL THAT.

THE ONLY THING THAT CONCERNS ME AS FAR AS THE WAYSIDE HORN PROJECT NOW, AND KEEP IN MIND, WE DIDN'T HAVE A LOT OF TIME TO TALK AND DISCUSS THE SITUATION, BUT THE INDIVIDUAL WHO WAS VERY KNOWLEDGEABLE ABOUT THE UNION AND I APOLOGIZE.

I CAN'T SEE YOUR NAME.

MY GLASSES. OH, HE BROUGHT UP THAT DOBSON MIGHT STAY A SERVICE ROAD TO WHATEVER NEW HIGHWAY FOUR LANE HIGHWAY YOU BUILD.

SO IF THAT TRULY HAPPENS, I DON'T KNOW IF A WAYSIDE HORN WOULD CONTINUE TO BENEFIT THE COMMUNITY AS MUCH AS MAYBE SPENDING ANOTHER 3 OR 400,000 AND MAKING IT A QUIET ZONE.

I WOULD REFER TO HIS EXPERTISE ON THAT.

WHETHER YOU DO A WAYSIDE HORN, AND THEN IF THE HIGHWAY CONTINUES AT THAT POINT, IT'LL BE A QUIET ZONE BECAUSE YOU DO AN OVERPASS, BUT IF DOBSON REMAINS A SERVICE ROAD, THEN YOU STILL HAVE THE SAME ISSUE.

SO WHETHER YOU SPEND 600,000 OR 900,000 AND COMPLETE THE PROJECT, I'M NOT SURE I WOULD ACTUALLY LEAVE THAT TO YOU ALL'S DECISION.

MY THOUGHT PROCESS IS A QUIET ZONE.

FIRST, THIS IS MY PERSONAL.

I CAN'T SPEAK FOR EVERYBODY IF THE COST IS TOO MUCH AND IT'S INSIGNIFICANT AND YOU CAN'T DO IT.

WAYSIDE HORN I WOULD HOPE COMMISSIONER HOWELL WOULD DO THE MAINTENANCE ON IT.

THAT WOULD BE GREAT, BECAUSE THAT WOULD EVENTUALLY, AT SOME POINT IN TIME, YOU'D GET YOUR COST BACK JUST BY HIM DOING THE MAINTENANCE OVER THE YEARS, AND JUST, YOU KNOW, LOOK AT HOW MUCH THE QUIET ZONE COST VERSUS THE WAYSIDE HORN AND JUST MAKE A DETERMINATION OR IF ANYTHING, YOU KNOW, YOU CLOSE THIS TONIGHT AND SAY IT'S A DONE DEAL. WE'RE NOT LOOKING INTO THIS ANY FURTHER.

SO I CAN'T BEGIN TO TELL YOU THE AMOUNT OF STRESS THAT YOU PUT ON THE NEIGHBORS AND THE NEIGHBORHOOD THAT THEY BELIEVE THIS IS GOING TO HAPPEN, AND THE PEOPLE THAT I TALK TO ARE SAYING BEFORE THEY BOUGHT THEIR HOUSE, THEY WERE TOLD THIS WAS GOING TO BE A QUIET ZONE.

I MEAN, THESE PEOPLE WHO WERE SELLING HOMES WERE USING THAT AS A SELLING POINT.

YOU'RE GOING TO GET A QUIET ZONE, YOU'RE GOING TO GET A QUIET ZONE.

IT WAS VOTED, YOU'RE GOING TO GET A QUIET ZONE.

SO PEOPLE BOUGHT THE HOUSES WITH THAT THOUGHT PROCESS GOING ON IN THEIR MIND.

SO I WILL CLOSE WITH OUR COMMUNITY SAYING, I APPRECIATE YOUR TIME.

YOU DO A GREAT JOB WITH EVERYTHING YOU DO, MA'AM, OVER THERE.

SO THANK YOU VERY MUCH FOR YOUR HELP AND YOUR ASSISTANCE.

I'M GOING TO MISS TALKING TO YOU ALL FOR THE LAST EIGHT YEARS, BUT WE APPRECIATE YOUR TIME.

THANK YOU SO MUCH. IS THERE ANYBODY ELSE WHO WOULD LIKE TO ADDRESS THE CITY COUNCIL ON THIS ITEM? IF YOU COULD JUST STATE YOUR NAME FOR THE RECORD, PLEASE.

GOOD AFTERNOON. MY NAME IS CLEVELAND SWANN.

I LIVE AT 1113 RUSHMORE DRIVE, HIDDEN VISTA NINE.

I'M ON THE HOA BOARD.

I REPRESENT THE 53 HOUSES OVER THERE, AND I TELL YOU, IT'S A LOT OF KIDS OVER THERE, AND I HEAR MY COMMUNITY.

I LIVE RIGHT BY THE TRAIN.

I WAS TOLD THAT IT WAS A QUIET ZONE WHEN I BOUGHT MY HOUSE.

SO BECAUSE I WOULDN'T HAVE BOUGHT A HOUSE BY A TRAIN TRACK IF I KNEW THAT I WAS GOING TO GET WOKEN UP AT 1 OR 2:00 IN THE MORNING BECAUSE THE HORNS ARE BLOWING, BUT THERE'S A LOT OF KIDS THAT ARE COMING IN THAT NEIGHBORHOOD THAT'S IN THOSE HOUSES, AND THEY GOT TO GO TO SCHOOL.

SO I THINK THAT THE BOARD SHOULD TAKE REALLY CONSIDERATION WITH MAKING SURE THAT WE LOOK OUT FOR THE CITIZENS OF HIDDEN VISTA NINE, VALLEY CREST STONE, AND THE REST OF THE HOUSES IN THAT AREA.

ALL RIGHT. THANK YOU FOR YOUR TIME.

I HAVE NO OTHER SPEAKER CARDS.

IS THERE ANYBODY ELSE IN THE AUDIENCE WHO WOULD LIKE TO ADDRESS THE CITY COUNCIL?

[00:45:01]

OKAY, MAYOR. IS THERE ANYBODY ANY QUESTIONS? I'D LIKE TO SAY A FEW THINGS.

GO AHEAD. AT THE LAST MEETING, I SAID I WOULD GO OUT AND DO MY HOMEWORK AND MY INVESTIGATION.

I SPENT THREE DAYS SITTING AT COUNTY ROAD 714, LISTENING TO TRAINS, LOOKING AROUND, WATCHING THINGS GO ON.

I SPENT A LOT OF TIME DOING RESEARCH, WENT BACK AND REVIEWED 18 DIFFERENT CITY COUNCIL MEETINGS, A COMMITTEE MEETING WHERE THIS WAS DISCUSSED TO SEE WHAT WAS REALLY GOING ON, TO SEE WHAT HAPPENED IN THE PAST, SEE WHAT WENT RIGHT, WHAT WENT WRONG, AND I COULD SIT HERE AND TALK ABOUT THAT ALL DAY, BUT I DID COUNT THE TRAINS IN THE LAST SEVEN DAYS, AND THE AVERAGE TRAIN COUNT EACH DAY FOR SEVEN DAYS WAS 15 TRAINS.

I'VE GOT A LIST OF THEM.

THERE WAS A SLIGHT UPTICK IN SOUTHBOUND TRAINS FOR A COUPLE OF DAYS.

THERE WAS A MAJOR DERAILMENT ON THE WEST LINE OUT OF FORT WORTH AT ABILENE.

THEY HAD TO REROUTE SOME OF THOSE TRAINS DOWN TO WACO, HIT THE BNSF LINE, SHOOT UP TO SWEETWATER, AND THEN GO WEST TO THE COAST.

SO THERE WAS A SLIGHT UPTICK.

SO THAT INCREASED THE COUNT THIS WEEK, AND THAT WILL HAPPEN FROM TIME TO TIME.

THE COUNTY ROAD 714 QUIET ZONE PROJECT, NOW, THE COUNTY ROAD 714 WAYSIDE HORN PROJECT HAVE BEEN ON AND OFF THE CITY OF BURLESON COUNCIL AGENDA AS MANY TIMES SINCE 2013, AND THEY CAME CLOSE WHEN WE DID THE OLD TOWN, BUT THERE WAS A REASON THEY GOT DROPPED OFF.

THERE WASN'T ENOUGH BUDGET AT THE TIME.

FROM WHAT I'VE DETERMINED FROM THE MEETINGS TO DO ALL FIVE CROSSINGS, THEY WERE STILL GATHERING BUDGET.

THERE WAS $100,000 AVAILABLE FROM TXDOT ON A RENFRO ROAD PROJECT TO WE COULD USE, OR THE CITY COULD USE TOWARDS THE QUIET ZONE, SO THEY HAD TO TAKE ONE OF THE ROADS OUT IN ORDER TO GET THAT.

THE THERE WAS A SUNSET DATE ON THAT 100,000.

IT WAS FIXING TO EXPIRE AND THEY DIDN'T WANT TO LOSE IT.

THAT'S THE REASON COUNTY ROAD 714 GOT PULLED OFF AND THEN IT WAS REVIEWED AS AN INDIVIDUAL CROSSING AFTER THAT BUT DURING THE 2013 BURLESON CITY COUNCIL SPECIAL WORKSHOP, AND THIS HAS BEEN GOING ON SINCE 2013, I FOUND OUT THE QUIET ZONE DISCUSSION, LIKE THE COUNTY ROAD 714 DISCUSSION, WAS BROUGHT BEFORE THE BURLESON CITY COUNCIL FOR INSTRUCTION.

THE CROSSING INVOLVED WAS ALSBURY BOULEVARD.

WE ALL KNOW WHERE ALSBURY IS.

THE DECISION BY THE COUNCIL WAS THAT DUE TO THE PROXIMITY OF ANOTHER CROSSING MCALISTER ROAD, THE TRAINS WOULD CONTINUE TO BLOW THEIR HORNS NEAR RESIDENTS HOMES AND EXPENDITURES TO MAKE ALSBURY QUIET ZONE WOULD BE IRRESPONSIBLE, UNLESS THE CITY OF BURLESON PARTNERED WITH THE CITY OF FORT WORTH TO MAKE ONE LONE QUIET ZONE THAT ENCOMPASSED BOTH CROSSINGS.

THE CITY OF FORT WORTH HAS POLITICAL JURISDICTION OVER MCALISTER ROAD.

THIS PARTNERSHIP WAS AGREED UPON, THE QUIET ZONES WERE FUNDED AND COMPLETED, AND THAT WAS DONE CORRECTLY.

I AGREED WITH THE COUNCIL OF 2013 THAT IF A CROSSING HAS ANOTHER CROSSING NEAR, WE SHOULD NOT FUND A QUIET ZONE WITHOUT BOTH CROSSINGS BEING INCLUDED IN THE QUIET ZONE.

COUNTY ROAD 713 CROSSING IS NEAR COUNTY ROAD 714 CROSSING, AND COUNTY ROAD 713 IS WITHIN THE POLITICAL JURISDICTION OF JOHNSON COUNTY.

SO WE HAVE NO AUTHORITY TO WORK ON THAT ROAD.

IT WOULD HAVE TO BE JOHNSON COUNTY TO COOPERATE WITH THE CITY OF BURLESON TO MAKE THAT A QUIET ZONE.

ONE OF MY DUTIES IS ENSURING TAXPAYERS DOLLARS ARE SPENT WISELY AND EFFECTIVELY.

WE HAVE ALREADY SPENT APPROXIMATELY ONE HALF MILLION DOLLARS ON THIS PROJECT WITHOUT TANGIBLE OR VISIBLE OUTCOMES OR RESULTS.

WE CANNOT IGNORE THE REALITY THAT THIS PROJECT HAS COST US DEARLY, BOTH IN TERMS OF FINANCIAL RESOURCES AND PUBLIC TRUST.

IF WE PROCEED WITH THIS PROJECT, IT WILL CONTINUE TO DRAIN RESOURCES WE DO NOT HAVE AND HAVE NOT HAD FOR SEVERAL YEARS.

THIS PROJECT HAS DRAINED FUNDS FROM STREET PROJECTS, GENERAL FUNDS AND 2013 BOND FUNDING FOR STREET AND PUBLIC MOBILITY PROJECTS.

I AM ONLY ONE VOICE OUT OF SEVEN, AND WHAT I'M ABOUT TO SAY IS NOT A PERMANENT ACTION.

IT'S JUST TEMPORARY.

SOMETHING THAT I THINK THAT WE NEED TO DO RIGHT NOW UNTIL WE CAN COME UP WITH A PLAN.

MY DIRECTIVE CONCERNING ACTION ABOUT ITEM EIGHT A ON THE REPORTS AND PRESENTATIONS TONIGHT IS TO HALT THE COUNTY ROAD 714 WAYSIDE HORN PROJECT TODAY.

IF IN THE FUTURE THERE IS A STRUCTURAL CHANGE AT THIS LOCATION THAT WOULD BE ACCOMMODATING TO A QUIET ZONE OR A MUTUAL AGREEMENT WITH JOHNSON COUNTY TO INCLUDE COUNTY ROAD 713 AND COUNTY ROAD 714 WITH THE SAME QUIET ZONE.

THEN WE CAN START A NEW CONVERSATION THAT WOULD INCLUDE, FIRST, DO WE HAVE THE BUDGET TO DEDICATE TO THIS PROJECT WITHOUT REALLOCATION? AND SECOND, ARE WE PREPARED TO FOLLOW THROUGH WITHOUT HESITATION OR SPECULATION?

[00:50:04]

I WILL NOT DEPLETE FUNDS FROM DEDICATED NON BOND CAPITAL STREET PROJECTS AND A DEDICATED STREET AND DRAINAGE BOND FUND.

THIS MONEY WAS ALLOCATED FOR SPECIFIC PURPOSES AND I WOULD ASSUME WE STILL HAVE STREET AND DRAINAGE NEEDS.

WHAT FUND WILL BE THE TO BE DETERMINED FUND? THE TBD FUND FOR THE REST OF THE FUNDING.

WHERE WILL THAT COME FROM AND WHAT PROJECTS WILL BE DERAILED BY THIS REALLOCATION? I WILL ALSO NOT COMMIT TO THE 11,408 PER YEAR RECURRING COST FOR UP RAILROAD CROSSING MAINTENANCE THAT IS TODAY BEING PERFORMED AT NO COST TO THE CITY.

I WANT TO THANK THE COUNCIL MEMBERS AND STAFF WHO WORKED TIRELESSLY ON THIS PROJECT FOR MANY YEARS.

THE FACT THAT THIS PROJECT DID NOT COME TO FRUITION IS NOT THE FAULT OF ANY INDIVIDUAL.

EVERY DIRECTIVE GIVEN BY THE COUNCIL TO STAFF WAS FOR DISCOVERY WAS COMPLETED.

THESE DIRECTIVES WERE TO BE DETERMINED THE PROJECT'S COST AND FEASIBILITY NOT TO PERFORM THE PROJECT.

THE COST RETURNED HIGHER THAN THE BUDGET ALLOWED EACH TIME, AND THE PROJECT WAS REDIRECTED, AND I WOULD ALSO LIKE TO THANK THE CITIZENS OF VALLEY CREST FOR THEIR PATIENCE SINCE 2013 AND UNDERSTANDING OF HOW THE PROCESS HAS BEEN WORKING.

NOW WHAT? I'M SUGGESTING THAT WE STOP THIS WAY.

WAYSIDE HORN CONVERSATION.

IT'S NOT GOING TO GO ANYWHERE.

IT'S NOT GOING TO BE THE RIGHT THING.

WHAT I AM SUGGESTING IS THAT DURING BUDGET PROCESS THIS YEAR, WE WORK ON ALLOCATING COSTS TO PUT IN A QUIET ZONE, NOT A WAYSIDE HORN.

WE BUDGETED CORRECTLY, MAKE SURE WE GET THE RIGHT AMOUNT IN THERE.

WE ALREADY HAVE THE ENGINEERING, WE ALREADY HAVE ALL THE OTHER DOCUMENTS, AND AT THAT POINT WE CAN MOVE FORWARD WITH IT AND GET IT DONE.

LIKE RUBEN GONZALEZ SAID, IT'S TIME TO STOP KICKING THIS CAN DOWN THE ROAD, AND I BELIEVE TONIGHT'S THE TIME TO STOP THIS RESET, FIGURE OUT THE WAY TO DO IT RIGHT AND LET'S GIVE THEM A QUIET ZONE, BUT LET'S DO IT THE PROPER WAY AND GET IT DONE, AND THAT'S MY DECISION FOR TONIGHT.

I'M GLAD TO HEAR THAT.

YOU KNOW ONE OF THE COMMENTS MADE BY THE LADY.

I'M SORRY I DIDN'T CATCH YOUR NAME, BUT YOU KNOW WHO YOU ARE.

IS THE CITY COUNCIL MADE AN HONEST, TRUTHFUL COMMITMENT.

WELL, SINCE I'M THE ONLY COUNCIL MEMBER THAT'S BEEN UP HERE THROUGH THIS WHOLE PROCESS, I HAVE TO OWN THAT BECAUSE I'VE BEEN SITTING UP HERE DURING ALL THESE YEARS SINCE THIS PROJECT ORIGINATED TO NOW, SO NO OTHER COUNCIL MEMBER HAS TO WEAR THAT, BUT I DO.

I DON'T WANT TO GO BACK, AS I SAID IN THE LAST MEETING, ON AN HONEST, TRUTHFUL COMMITMENT THAT WE MADE BACK THEN AND WE DID MAKE THAT COMMITMENT MAY NOT BE IN THE FORM OF A VOTE, BUT EVERYBODY OUT THERE THOUGHT THEY WERE GETTING A QUIET ZONE.

EVERYBODY UP HERE THOUGHT WE WERE GOING TO GIVE THEM A QUIET ZONE.

TO ME, THAT'S A COMMITMENT.

NO MATTER WHAT THE VOTE SAID OR WHAT EXACT ACTION HAD TAKEN.

I ONLY HAVE THREE FEARS THAT THIS COUNCIL THAT SITS HERE NOW WILL BE THE COUNCIL FOR PERHAPS THE NEXT TWO YEARS BUT WE'RE GOING TO HAVE TWO NEW MEMBERS COME MAY, POSSIBLY.

ONE FOR SURE, ANOTHER PERHAPS, BUT AS THIS COUNCIL CHANGES THROUGH TIME, WE MAY NOT BE ABLE TO KEEP THIS COMMITMENT ALIVE.

THE COMMITMENT WE MADE WAY BACK THEN, NO ONE UP HERE VOTED FOR THAT OR EXPECTED THAT BECAUSE THEY WEREN'T HERE I WAS, BUT YOU SEE WHAT HAPPENS THROUGH TIME AS A COUNCIL CHANGES. THAT COMMITMENT THAT WE MADE IS ERODED BY POSITION, BY POSITION FROM THE PEOPLE THAT ORIGINALLY SAID THEY'D DO THAT.

I DON'T WANT TO LET IT GO FAR ENOUGH THAT HAPPENS AGAIN.

SO ONE OF TWO THINGS HAS GOT TO HAPPEN.

WE EITHER HAVE TO MAKE THE HARD COMMITMENT THAT LARRY'S DISCUSSING SO THAT WE PUT THE GAS TO THIS THING AND PUSH IT THROUGH WHILE WE STILL HAVE THE SAME COUNCIL UP HERE.

IF THIS COUNCIL CHOOSES TO COMMIT TO THAT COURSE OF ACTION, TO GET IT TO THE POINT WHERE IT'S DONE, AND I ADVOCATED LAST WEEK TO OR LAST MEETING TO CONTINUE ON WITH THE QUIET ZONE INITIATIVE IN LIEU OF THE WAYSIDE HORN, BECAUSE IN THE LONG RUN, THAT GIVES THE NEIGHBORHOOD WHAT WE TOLD THEM LONG AGO THAT WE WERE GOING TO GIVE THEM.

IT BOTHERS ME.

MY SECOND FEAR IS THAT IT'S GOING TO TAKE EVEN LONGER THAN WE THINK IT CAN TAKE, BASED ON WHAT WE'RE BEING TOLD.

TONIGHT, NOVEMBER 26TH, I BELIEVE, WAS THE COMPLETION OF THE QUIET ZONE.

THIS KIND OF STUFF RUNS AT THE SPEED OF GOVERNMENT AND RUNS AT THE SPEED OF RAILROADS, AND THERE'S A VERY GOOD CHANCE THAT TIME FRAME COULD, COULD GO ONCE AGAIN OFF THE RAILS.

SO NOT TO WEAR OUT A METAPHOR, BUT I DON'T WANT TO LET THAT HAPPEN, AND, YOU KNOW, THE OTHER CONCERN THAT I HAD IS THAT OTHER CIRCUMSTANCES, LIKE

[00:55:01]

A GRANT OR SOMETHING LIKE THAT COULD OR A CHANGE IN FUNDING COULD INTERVENE WITH THE PROCESS.

SO I EITHER WANT TO GO STRAIGHT AHEAD THROUGH WITH THE WAYSIDE ZONE, WITH THE WAYSIDE HORN AND GET IT DONE NOW.

I'D PREFER MY VOTE WILL BE PREFERRING TO CARRY ON AND GET THE QUIET ZONE DONE AND EXPEDITE THE CONSTRUCTION OF IT SO THAT WE DON'T LET THIS FALL ASIDE AND GET OFF THE TRACK AGAIN.

OKAY, WE CAN'T TAKE A VOTE ON THIS TONIGHT, BUT WE CAN GIVE DIRECTION.

OKAY. IS EVERYBODY AGREE WITH THE WITH THE QUIET ZONE.

SOUNDS LIKE THE QUIET ZONE IS THE WAY TO GO.

ONLY ISSUE I GOT IS I THOUGHT IT WAS BROUGHT UP THAT A QUIET ZONE AT ONE INTERSECTION WOULD BE LOST BECAUSE OF ANOTHER TRAIN AT ANOTHER SECTION.

IS THAT CORRECT? QUIET ZONE AT ONE INTERSECTION, YOU'LL STILL HEAR THE OTHER TRAIN.

WHAT? WE WANTED TO MAKE SURE AND UNDERSTAND THAT IF WE PUT A QUIET ZONE AT 714, THAT IT WON'T BE 100% QUIET.

THERE'LL STILL BE TRAIN NOISE.

YOU'LL HEAR FROM 713.

COMMISSIONER HOWELL IS NOT GOING TO GO PUT IN A QUIET ZONE IN.

WELL. I CAN'T SPEAK FOR COMMISSIONER HOWELL.

YOU CAN TALK TO HIM. YOU KNOW HIM? I WILL TALK TO HIM.

SEE WHAT HIS COMMITMENT IS.

I'M NOT SPEAKING FOR THE COUNTY, BUT IF WE HAVE TO GO WITH ONE QUIET ZONE, IT NEEDS TO BE.

IT'S SAFE, BUT IT NEEDS TO BE UNDERSTOOD THAT YOU STILL WILL HEAR NOISE ON THE SOUTHBOUND TRAIN.

WE UNDERSTAND THAT, SIR, BUT IT IS SAFE.

ERIC, WE GOT DIRECTION FOR YOU.

LET'S MOVE FORWARD WITH THIS, OKAY? LET ME MAKE SURE I'M CLEAR ON THAT.

OKAY. THE DIRECTION IS THE BUDGET PROCESS TO SEEK THE FULL QUIET ZONE FUNDING OR SOME OTHER ITERATION OF WE.

LET ME SPEAK TO THAT.

YES, WE DO NEED TO CONSIDER IT IN THE BUDGET PROCESS, BUT IF WE DON'T START THE PROCESS NOW WITH THE RAILROAD ENGINEERING WORK AND ALL THAT STUFF DONE, THEN THIS THING'S JUST GOING TO SUFFER ANOTHER SETBACK.

I THINK THIS COUNCIL WILL STILL BE HERE TO VOTE ON THAT NEXT BUDGET.

EVERYBODY'S GOING TO REMEMBER WHAT WE SAID HERE TONIGHT.

THAT WILL HAPPEN, BUT I DON'T WANT TO WAIT TILL THAT HAPPENS TO START TRIGGERING THIS PROCESS BECAUSE OTHERWISE WE JUST LOSE MONTHS.

EXCELLENT. WE'VE LOST TOO MANY MONTHS ALREADY.

UNDERSTOOD THAT.

ERIC. INTERRUPT THAT, ERIC, DID YOU KNOW WHAT WE JUST SAID? YES. WE WANT WE WANT TO GO AHEAD AND MOVE FORWARD WITH THE ENGINEERING, AND THEN WE'RE GOING TO PUT IT ON THE CITY MANAGER TO TAKE CARE OF THE BUDGET.

OKAY? RIGHT. THAT PROCESS IS ALREADY UNDERWAY, SO THE PLANS ARE ALREADY IN FOR REVIEW.

LET'S JUMP ON IT, QUIET ZONE.

READY WHEN THE FUNDING IS THERE.

I'M SORRY, YOU ALL, I REALLY AM.

THANK YOU. OKAY, WE CAN WORK THAT OUT.

THANK YOU, MAYOR AND COUNCIL.

THAT BRINGS US BACK TO SECTION FIVE CONSENT AGENDA.

[5. CONSENT AGENDA]

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

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

TONIGHT, THE CONSENT AGENDA IS ITEMS FIVE A THROUGH FIVE E.

IS THERE A MOTION TO APPROVE THE CONSENT AGENDA? I MOVE TO APPROVE THE CONSENT AGENDA.

I SECOND THE MOTION. I GOT A MOTION BY ADAM.

A SECOND BY LARRY. PLEASE VOTE.

PASSES UNANIMOUS.

THANK YOU. MAYOR AND COUNCIL.

AS WE KNOW NOTED BEFORE, ITEM SIX A HAS BEEN REMOVED FOR CONSIDERATION.

THAT MOVES US TO SECTION SEVEN.

[7.A. Consider approval of awarding RFP 2024-003 Artificial Turf Baseball & Softball Fields with TGS Sports LLC in the amount of $1,741,400 with a project contingency of $174,400 for the conversion of Clydesdale, Shire, Paint, Appaloosa, Roan, Pasofina and Quarter fields at Chisenhall Fields to synthetic turf. (Staff Contact: Allison Smith, Recreation Manager)]

GENERAL SEVEN A IS TO CONSIDER APPROVAL OF AWARDING RFP2024-003 ARTIFICIAL TURF BASEBALL AND SOFTBALL FIELDS WITH TSG SPORTS LLC IN THE AMOUNT OF $1,741,400 WITH A PROJECT CONTINGENCY OF $174,400 FOR THE CONVERSION OF CLYDESDALE, SHIRE, PAINT APPALOOSA, ROAN, PASOFINA AND QUARTER FIELDS AT CHISENHALL FIELDS TO SYNTHETIC TURF.

THE STAFF PRESENTER IS ALLISON SMITH, RECREATION MANAGER.

I'M JUST GOING TO GIVE HER A BRIEF INTRO.

SO THIS IS ALLISON SMITH.

SHE'S OUR RECREATION MANAGER.

SHE SERVED IN THE RECREATION DEPARTMENT FOR THE LAST 14 YEARS, AND SHE WILL BE INTERIM DIRECTOR WHILE I STEP OUT.

SO WE'RE GIVING HER A LITTLE TASTE OF YOU GUYS THIS EVENING, AND I'M GOING TO PASS AROUND SOME SAMPLES.

GOOD EVENING.

SO I'M PRESENTING THIS EVENING ON THE SYNTHETIC TURF INFIELD CONVERSION AT CHISHENHALL FIELDS.

A LITTLE BIT OF BACKGROUND ON THIS PROJECT.

IN 2021, THE PARKS TEAM RESEARCHED OPPORTUNITIES TO IMPROVE PLAYABILITY AT CHISENHALL FIELDS DUE TO RAINOUTS AND A REQUEST FOR IMPROVED

[01:00:05]

ACCESSIBILITY, AND THEN EARLY 2022, SYNTHETIC FIELD CONVERSION WAS ADDED TO THE PARKS AND REC CIP.

IN FEBRUARY OF 2023, STAFF PRESENTED THE INSTALLATION OF SYNTHETIC TURF ON ARABIAN FIELD.

THAT FIELD WAS COMPLETED IN 2023.

IN THE SUMMER OF THAT YEAR, CITY COUNCIL PROVIDED DIRECTION TO CONVERT MORE FIELDS AT ONCE THAN WE HAD ORIGINALLY SLOTTED, WHICH WAS ONE EVERY OTHER YEAR. THAT BRINGS US TO THE $2,125,000 THAT WAS PRESENTED FOR FUNDING IN 2023-2024 CIP.

THE ORIGINAL PROJECT WAS APPROVED AT 550,000 FOR FISCAL YEAR 23-24.

THE CURRENT INFIELD IS OUR MIXTURE OF CLAY AND GRASS TURF SURFACING AND MAINTENANCE REQUIREMENTS OF THIS KIND OF INFIELD REPLENISHING MATERIAL, DAILY GROOMING, WEEKLY MOWING AND TRIMMING, DAILY MARKING OR CHALKING AND THEN DRYING.

MAINTENANCE AFTER RAIN EVENTS.

AFTER EXCESSIVE RAIN, THERE OFTEN IS CANCELLATIONS DUE TO NOT BEING ABLE TO GET THE FIELDS DRY FOR PLAY.

THE NEW INFIELD WOULD BE THE SYNTHETIC SURFACING, WHICH ALSO REQUIRES MAINTENANCE, JUST LOOKS A LITTLE DIFFERENT.

SO THE MAINTENANCE ON THE SYNTHETIC TURF IS REPLENISHMENT OF MATERIAL, PATCHING OF HIGH USE AREAS, DAILY GROOMING AND BALANCING OF THE INFILL MATERIAL. IT OBVIOUSLY DOES NOT REQUIRE MOWING OR FERTILIZATION DOESN'T REQUIRE MARKING.

HOWEVER, YOU CAN PAINT OR TEMPORARILY MARK THESE FIELDS.

IT DOES WASH AWAY.

WE HAD THE NEED TO DO SO LITTLE TO NO DRYING MAINTENANCE AFTER RAIN EVENTS, SO PLAY IS LIKELY TO CONTINUE AFTER WE GET A RAIN JUST BECAUSE OF THE WAY THE FIELDS DRAIN QUICKLY.

SO THIS IS JUST AN AERIAL VIEW OF THE SEVEN FIELDS THAT WE HAVE SLOTTED FOR COMPLETION THIS YEAR.

THE FIVE THAT ARE BROWN YOU'LL SEE ON THE MAP ARE ALL GIRLS SOFTBALL FIELDS.

THOSE ARE APPALOOSA, PAINT, ROAN, CLYDESDALE AND SHIRE.

THEY ARE BROWN TO REFLECT THE SURFACE THAT GIRLS PLAY ON.

IN REALITY, IF IT WAS DIRT OR CLAY AND THEN THE OTHER TWO QUARTER AND PASOFINA AND THEN ARABIAN IS LISTED ON HERE AS WELL.

THAT'S THE ONE THAT WAS COMPLETED IN 2023.

ALSO, YOU'LL SEE THAT THERE ARE SEVEN OTHER FIELDS THAT WE WON'T BE DOING SYNTHETIC TURF THIS YEAR.

THOSE FIELDS, THE FOUR IN THE MIDDLE ARE 6 TO 8 AGE FIELDS OR 6 TO 8, FOUR, SIX, EIGHT YEARS OLD.

THOSE ARE HIGHLAND, DARTMOOR, WELSH AND HACKNEY.

THEN WE'VE GOT TWO ON THERE THAT ARE FOR AGES 9 TO 11.

THOSE ARE PALOMINO AND MORGAN, AND IN THE FAR BOTTOM LEFT IS BUCKSKIN, AND THAT'S FOR AGES 12.

SO WE POSTED THE RFP IN NOVEMBER 2023.

WE POSTED AS FIVE FIELDS WITH TWO FIELDS LISTED AS ALTERNATES.

WE CLOSED SUBMISSIONS ON JANUARY 11TH AND WE HAD FIVE VENDORS SUBMIT BIDS.

WE EVALUATED OVER PRICE, PROJECT APPROACH, EXPERIENCE, KEY PERSONNEL, FINANCIAL CAPABILITY, AND OVERALL COMPLIANCE WITH THE RFP. THIS IS JUST A TABLE SHOWING THE VENDORS THAT SUBMITTED BIDS AND SOME OF THE AREAS THAT WE EVALUATED OVER AND THE RANKING FROM THE TEAM.

SO WE RANKED PRICE, QUALIFICATIONS AND EXPERIENCE QUALIFICATIONS AND RESPONDENT PERSONNEL, OVERALL RESPONSIVENESS, RELEVANT EXPERIENCE WITH THE CITY OF BURLESON AND FINANCIAL STABILITY.

YOU'LL SEE TGS SPORTS RANKED THE HIGHEST OUT OF ALL OF THE ONES THAT SUBMITTED BIDS.

THE LOWEST BID CAME IN AT $1,601,120, INCLUDING THE TWO ALTERNATES.

THE HIGHEST BID CAME IN AT $2,417,592 AND AFTER EVALUATION INTERVIEWS, REFERENCE CHECKS, STAFF RECOMMENDS MOVING FORWARD WITH TGS SPORTS FOR THE CONVERSION OF ALL SEVEN FIELDS.

THEIR BID CAME IN AT $1,741,400, AND JUST A LITTLE BIT ABOUT TGS SPORTS.

[01:05:01]

THEY ARE A LOCAL BUSINESS OUT OF FORT WORTH.

THE OWNER AND PRESIDENT IS A RESIDENT OF BURLESON.

THEIR KEY PERSONNEL HAS 15 TO 20 YEARS OF EXPERIENCE INSTALLING SYNTHETIC TURF.

MULTIPLE REFERENCE.

OR WE ACTUALLY GOT AHOLD OF TWO REFERENCES FOR TGS, AND BOTH STATED THAT TGS WAS THE BEST CONTRACTORS THAT THEY HAD WORKED WITH, LISTING SPECIFICALLY THEIR GREAT CUSTOMER SERVICE, THEIR RESPONSIVENESS, AND THE QUALITY OF THEIR PRODUCT AND THEN ONE PERK TO THEM BEING LOCAL, THEY DO STORE ALL THE MATERIALS THAT WOULD BE NEEDED FOR PATCHING OR RESTORING ANY PARTS OF THE FIELD.

WE DON'T HAVE TO STORE THOSE MATERIALS, AND THEN THEY HAVE A 24 TO 48 HOUR TURNAROUND TIME.

THEIR APPROACH TO THE PROJECT DID FIT WITH OUR OVERALL TIMELINE EXPECTATIONS AS WELL.

THIS PROJECT WAS PRESENTED TO PARK BOARD ON FEBRUARY 15TH.

IT RECEIVED A UNANIMOUS APPROVAL RECOMMENDATION.

IF APPROVED THIS EVENING, WE WILL PLAN TO BEGIN CONSTRUCTION IN MAY OF THIS YEAR, 2024.

THIS MEANS THAT WE WON'T HAVE ANY TOURNAMENTS OR LEAGUE PLAY OVER THE COURSE OF THE SUMMER, AND THEN AUGUST 2024, CONSTRUCTION WILL BE COMPLETED AND WE'LL BE ABLE TO REOPEN FOR PLAY FOR THE FALL SEASON.

SO THIS EVENING STAFF IS RECOMMENDING APPROVAL OF THE CONTRACT WITH TGS, PENDING CITY ATTORNEY APPROVAL.

ARE THERE ANY QUESTIONS? SO, ALLISON, BEFORE WE ENTERTAIN QUESTIONS FROM COUNCIL, JUST TWO POINTS OF CLARIFICATION.

ONE, WITH REGARD TO THE APPROVAL BEING SUBJECT TO CITY ATTORNEY REVIEW, WE'RE STILL MAKING SOME MINOR MODIFICATIONS TO THE CONTRACTS.

GENERALLY, WE DO THESE AS BIDS.

THIS IS AN RFP, SO WE'RE NEEDING TO MAKE SOME MINOR MODIFICATIONS.

SO JUST FOR A POINT OF EXPLANATION THERE AND THEN ALLISON TOUCHED ON THIS A LITTLE BIT, BUT JUST AS A REMINDER, BACK IN SEPTEMBER, THE CITY COUNCIL DID MAKE REVISIONS TO THE CIP PLAN.

ORIGINALLY, THE FIELDS WERE GOING TO BE TURFED OVER A FIVE YEAR PERIOD, AND SO THIS IS A FRONT LOADED VERSION OF THAT PLAN.

SO THIS IS IN LINE WITH WHAT THE COUNCIL RECOMMENDED FROM A CIP PERSPECTIVE.

WHAT'S THE PLAN FOR THE REMAINING SEVEN? RIGHT NOW, THEY'RE OUTSIDE OF THE SCOPE OF THE FIVE YEAR HORIZON.

AS WE GO THROUGH THE BUDGET PROCESS AND WE LOOK AT FUNDING FUNDING OPPORTUNITIES FOR THE FOUR B AND WHAT FUND BALANCE LOOKS LIKE WITH THE CURRENT CIP THERE COULD BE OPPORTUNITIES FOR MODIFICATIONS TO THAT AS WE HAVE THOSE BECAUSE IT LOOKS LIKE WE'RE STILL ALMOST 400,000 UNDER WHAT WE ALLOCATED. SO WE COULD PUSH THAT TO MORE FIELDS OR WHATEVER.

WE DO HAVE FIELDS, ONE FIELD EVERY OTHER YEAR IN THE CURRENT FIVE YEAR THAT WAS PRESENTED IN SEPTEMBER.

I'M SORRY. YEAH. COOL I LIKE IT.

HAVE YOU EVER CONSIDERED DOING AN OUTFIELD? THE WHOLE FIELD. I MEAN, BEING IN ATHLETICS, I ALWAYS CHECKED WITH, YOU HAVE A LOT OF RAIN OUTS.

JUST BECAUSE THE OUTFIELD WILL GET SOMEBODY THAT CAN'T, BALLS GO OUT THERE AND JUST WATER, AND SO I DIDN'T KNOW IF YOU EVER THOUGHT ABOUT DOING ONE AT A TIME WITH THE WHOLE THING, THE OUTFIELD, BECAUSE YOU'RE STILL GOING TO LOSE PLAY.

I MEAN, MAY NOT BE AS MUCH INFIELD MAKES A DIFFERENCE, BUT THE OUTFIELD WILL MAKE A LOT OF DIFFERENCE.

SO WE ORIGINALLY LOOKED AT DOING ONE FIELD AT A TIME AND DOING THE FULL FIELD.

THE OUTFIELD ARE BIG, AND SO WHEN WE LOOKED AT THE BUDGETARY RESTRICTIONS ON THAT, WE SAID, LET'S TRY THE INFIELD.

LET'S SEE HOW THE COMMUNITY RESPONDS TO IT.

LET'S SEE IF IT HELPS WITH THOSE RAINOUT SITUATIONS.

ON ARABIAN IT DID JUST THAT.

WE DIDN'T HAVE ANY RAIN OUTS LAST YEAR OR ANY ISSUES WITH THAT.

THE WAY THAT THESE ARE CONSTRUCTED, WE'RE ABLE TO GO BACK IN AT ANY POINT AND ADD OUTFIELDS.

IT'S JUST IT'S REALLY EXPENSIVE TO DO THOSE 1.2 PLUS MILLION PER FIELD FOR THE BIGGER FIELDS, MAYBE SEVEN, 800 FOR THE SMALLER FIELDS, AND SO WE'RE TRYING TO GET AS MANY FIELDS AS WE CAN TO SPREAD THAT LOVE, AND THEN WE COULD GO BACK AND POTENTIALLY LOOK AT THOSE FUTURE FIELDS.

I UNDERSTAND THAT YOU GOT THE SUMMERTIME BASICALLY WHEN YOUR TOURNAMENTS AND STUFF ARE SCHOOL DISTRICTS IN FEBRUARY AND MARCH WHEN THERE'S A LOT OF RAIN.

SO THAT'S A PROBLEM THERE, I UNDERSTAND THAT.

SO, OKAY, DO YOU EVER CONSIDER JUST DOING A COUPLE AT A TIME AND KEEPING YOUR SUMMER, KEEPING A A COUPLE OF THEM OPEN TO YOUR TOURNAMENT SO YOU CAN CONTINUE TO MAKE MONEY? YOU'RE JUST GOING TO JUST SHUT IT ALL DOWN FOR ONE SUMMER AND GET THEM ALL DONE.

SO ORIGINALLY WHEN WE PROPOSED OUR CIP, WE HAD ONE FIELD TO DO ANNUALLY, AND IT WAS JUST STILL THE INFIELD, AND THEN WHEN WE BROUGHT THIS BACK FORWARD IN SEPTEMBER, IT WAS COUNCIL'S RECOMMENDATION TO ESCALATE HOW MANY FIELDS WE DO IN A YEAR.

SINCE WE'RE DOING ALL THE GIRLS FIELDS WOULD WE WOULD BE ABLE TO HAVE TOURNAMENTS AND STUFF ONCE ONCE THEY'RE DONE AND FOCUS ON START WITH THE SOFTBALL.

[01:10:02]

YEAH. YEAH.

COOL. GOTTA START MAKING THAT MONEY BACK.

GOOD ANSWER. BECAUSE THAT'S ALL THE SOFTBALL FIELDS RIGHT OUT THERE.

THE GIRLS SOFTBALL FIELDS? YES. YEAH, THAT'S ALL THE.

ARE YOU SAYING WHILE THE OTHER TWO FIELDS ARE STILL UNDER CONSTRUCTION, GO AHEAD AND OPEN THE GIRLS SOFTBALL.

NO, NO, NO, JUST SINCE WE'RE TAKING CARE OF ALL OF THEM, AND ONCE THEY'RE READY TO GO, THEN WE CAN START MARKETING THEM TO GET TOURNAMENTS AND THINGS.

SO, YEAH, COOL.

ANYBODY ELSE. IS THERE A MOTION ON THIS? I'LL MOVE TO APPROVE.

SECOND. I HAVE A MOTION BY ADAM, A SECOND BY LARRY.

PLEASE VOTE.

PASSES UNANIMOUS.

GOOD JOB. THANK YOU.

WONDERFUL JOB. THANK YOU, MAYOR AND COUNCIL.

THAT BRINGS US TO ITEMS SEVEN B AND SEVEN C.

[Items 7.B & 7.C]

I WILL CALL FORWARD TOGETHER FOR ONE PRESENTATION.

AT THE END WE WILL NEED TWO MOTIONS.

SEVEN B IS TO CONSIDER APPROVAL OF A CONTRACT WITH CLUB CAR FOR THE PURCHASE OF NEW GOLF CARTS THROUGH SOURCEWELL COOPERATIVE PURCHASING AGREEMENT NUMBER 12220 DASH CCR IN THE AMOUNT OF $540,800 AND THEN SEVEN C IS.

CONSIDER APPROVAL OF A FOUR YEAR CONTRACT WITH CLUB CAR FOR GPS IN GOLF CARTS IN GOLF CARTS AT HIDDEN CREEK GOLF COURSE THROUGH SOURCEWELL COOPERATIVE PURCHASING AGREEMENT NUMBER 12220-CCR.

I THINK THEY'RE SUPPOSED TO BE THE SAME NUMBER, CORRECT, BUT THEY'RE LISTED INCORRECT.

SO ONE OF THE WITH CLUB CAR IN THE AMOUNT OF $180,000.

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

JEN? YES, SIR.

WE'VE ALREADY GONE THROUGH THIS A LOT.

SO IF YOU CAN SHORTEN THIS UP, IT'D PROBABLY HELP US OUT.

NOT A PROBLEM.

ALL RIGHT, SO I'LL START WITH THE BACKGROUND.

I'LL BE VERY BRIEF. WE HAVE 80 GOLF CARTS, GOLF COURSE.

TWO OF THOSE ARE BEVERAGE CARTS, AND THEN WE ALSO HAVE SOME RANGE CARTS.

THESE WERE PURCHASED IN 2019 USING A LOAN FROM THE PROPRIETARY REPLACEMENT FUND.

LAST YEAR, STAFF BROUGHT FORWARD THE REPLACEMENT OF THOSE BATTERIES.

WE WERE REALLY HOPING THAT THOSE BATTERIES WOULD GET US AT LEAST TWO YEARS.

THE BATTERIES ARE WORKING JUST FINE.

HOWEVER, WE'RE EXPERIENCING SOME MECHANICAL ISSUES IN ADDITION TO THAT.

SO WE'RE LOOKING AT BRAKES, MICROSWITCHES, THE PEDAL BOX, BALL JOINTS, ETC., WHICH REALISTICALLY IS PUTTING US 10 TO 15 CARTS DOWN A DAY, AND THAT OF COURSE AFFECTS OUR REVENUE.

SO WE'RE RIGHT NOW WHAT WE'RE CONCERNED ABOUT AND WHY WE'RE BRINGING THIS FORWARD SO QUICKLY IS BECAUSE WE'RE GOING TO HAVE TO START BLOCKING TEE TIMES OFF TO ACCOMMODATE THE NUMBER OF CARTS THAT WERE DOWN, AND SO THIS IS WHAT THAT WOULD LOOK LIKE, ESPECIALLY DURING OUR PEAK SEASON, APRIL THROUGH OCTOBER.

IF WE HAVE 10 TO 15 DOWN, SOMETIMES WE HAVE 20.

THAT COULD BE ABOUT 960 TO 1400 ROUNDS PER MONTH, WHICH COULD EQUATE TO 50 TO $70,000 IN OUR REVENUE.

SO OUR PROPOSED SOLUTION IS TO REPLACE THESE WITH CLUB CARS, GOLF CARTS, THROUGH A COOPERATIVE PURCHASING AGREEMENT.

THAT WOULD BE 75 LITHIUM ION BATTERY FLEETS, FLEET CARTS, THREE GAS POWERED CARTS FOR STAFF, TWO BEVERAGE CARTS, AND ONE RANGE PICKER CART.

ANOTHER THING THAT WE'RE REALLY HOPEFUL ABOUT IS IN ADDITION TO BEING ABLE TO GET THOSE CARTS EARLY, EARLY, LATE, OR I GUESS LATE SPRING, EARLY SUMMER, WE'RE HOPING THAT WE CAN USE A TEMPORARY GAP FLEET AGREEMENT THAT THEY WOULD ALLOW US TO GET 10 TO 20 CARTS, AS WE HAVE CARTS GO OUT TO HELP US NOT HAVE ANY ISSUES WITH OUR LEVEL OF SERVICE THAT WE PROVIDE, AND I'LL SHOW YOU THE NUMBERS FOR WHAT THAT WOULD COST US RIGHT NOW.

WE WOULD APPROVE THAT CONTRACT ADMINISTRATIVELY JUST FOR THAT GAP FLEET, AND WE WOULD, OF COURSE, TRADE IN OUR CURRENT FLEET OF 80 EZGO AND TWO BEVERAGE CARTS, AND WE WILL KEEP OUR CURRENT RANGE CART TO BE USED AS BACKUP.

THE SECOND ITEM THAT YOU'LL BE LOOKING AT THIS EVENING IS GPS TRACKING.

SO AS YOU CAN SEE ON THE SLIDE, THE BIG THINGS ARE CART TRACKING AND CONTROL, BEING ABLE TO RESTRICT THE AREAS GOLFERS CAN GO WITH GEOFENCING.

WE CAN MANAGE THE PACE OF PLAY AND THEN OF COURSE WE HAVE TWO WAY MESSAGING WITH THE GOLF CARTS.

WE CAN ALSO LOOK AT THE REPORTS TO SEE HOW THOSE CARTS ARE BEING MAINTAINED, HOW MANY HOURS ARE ON THEM, ETC, AND THEN FOR THE GOLFER THEMSELVES, THEY GET A TOUCH SCREEN SO THEY CAN SEE HOLE VIEWS AND YARDAGES.

THEY CAN SEE APPROACH VIEWS, THEY CAN ORDER FROM FOOD AND BEVERAGE, AND THEN THEY COULD RECEIVE TARGETED ADVERTISEMENTS THROUGHOUT THE ROUND.

THE LEASE COST FOR THIS IS $50 PER MONTH PER CART.

WE'RE LOOKING AT ABOUT $45,000 A YEAR.

THIS LEASE INCLUDES THE HARDWARE AND THE SERVICING ON THE GPS SYSTEM.

THE OPERATIONAL EXPENSE OUTSIDE OF THOSE CART COSTS THAT WE JUST DISCUSSED, AND WE'RE ANTICIPATING PROPOSING A FEE ADJUSTMENT TO THIS, AND THAT REVENUE INCREASE WOULD BE

[01:15:07]

$73,000 MORE THAN OFFSETTING THE COST OF THE LEASE.

OUR FUNDING SOURCE FOR THAT WOULD BE THE GOLF OPERATIONAL FUND, AND SO THIS IS A BREAKDOWN OF WHAT THOSE NEW FEES WILL BE.

WE'LL BE BRINGING THOSE FORWARD TO YOU WHEN WE DO MID-YEAR.

SO THIS WOULD BE ABOUT THE TIME WHEN WE GET THE CARTS IN.

SO RIGHT NOW WE CHARGE $7 FOR NINE HOLES AND WE CHARGE 14 FOR 18 HOLES.

WE'RE LOOKING AT INCREASING THAT NINE HOLE BY $2 AND 18 HOLES BY $3, AND YOU'LL SEE THAT WE BENCHMARKED OUR LOCAL COMPETITORS, AND WE'RE RIGHT IN LINE WITH WHAT THEY'RE CURRENTLY CHARGING.

SO THIS IS JUST A REVIEW.

WE DID OF COURSE DO OUR DUE DILIGENCE AND LOOK AT PURCHASE VERSUS LEASE OPTIONS.

ON THE LEFT. YOU SEE THE BREAKDOWN FOR WHAT IT'S GOING TO COST US TO PURCHASE THIS FLEET.

THIS IS INCLUSIVE OF A TRADE IN VALUE OF $1,700 PER CART, AND THAT'S ON OUR EXISTING FLEET.

OUR TRADE IN VALUE AT THE END FOR THE NEW FLEET WOULD BE ABOUT $283,000.

OUR GAP FLEET WILL BE ABOUT $650 A MONTH.

HOPEFULLY WE ONLY HAVE TO USE THOSE FOR A FEW MONTHS BEFORE THE NEW FLEET COMES IN.

WE'RE GOING TO LOOK AT USING THE PROPRIETARY ERF AS OUR FUNDING SOURCE, AND WE WILL BRING THAT FORWARD AS PART OF THE MID-YEAR BUDGET ADJUSTMENTS.

ON THE RIGHT, YOU SEE THE COST TO LEASE.

IT'S A LITTLE UNDER $90,000 A YEAR.

THE TOTAL FOR THE 54 MONTH LEASE WOULD BE RIGHT UNDER 400,000.

WE WOULD STILL UTILIZE THAT GAP FLEET.

WE WOULD USE OUR GOLF OPERATIONAL FUND AND IT DOES NOT INCLUDE MAINTENANCE.

SO ONE OF THE THINGS I KNOW IS, IS A GENERAL QUESTION IS, IS MAINTENANCE INCLUDED IN A LEASE OR PURCHASE? NO, IT IS AN ADDITIONAL COST.

THEY COME OUT BI WEEKLY AND GO THROUGH ABOUT A QUARTER OF THE FLEET, AND THEY JUST INSPECT IT, THE REPAIRS ETC.

WOULD STILL BE ON US. THEY WOULD JUST GIVE US AN INSPECTION REPORT.

CURRENTLY, OUR CART BARN SUPERVISOR DOES THE SERVICE FOR US IN-HOUSE, AND SO THEY TOUCH EVERY CART ON A BI WEEKLY BASIS AND THEY DO THE SAME THINGS.

THE ADDITIONAL EXPENSE OF THAT WOULD ALSO BE POSSIBLE ADDITIONAL EXPENSES FOR DAMAGED CARTS.

SO IF WE LEASE THOSE, THEY WOULD HAVE LESS RESIDUAL VALUE WHEN WE RETURN THEM.

THIS IS A HARLON SLIDE.

SO I'M GOING TO LET HIM TALK ABOUT IT.

YEAH. THANK YOU. JAN.

THIS SLIDE REPRESENTS AN AMORTIZATION SCHEDULE FOR THE INTER-FUND LOAN.

THE CITY HAS PREVIOUSLY REPLACED THE FLEET, THE CURRENT FLEET, WITH A SIMILAR LOAN.

THIS SLIDE SHOWS A PAYBACK OF $544,800 IN PRINCIPAL OVER A FOUR YEAR PERIOD STARTING IN YEAR ONE, $60,520 AND YEAR FOUR $70,292.

SO TOTAL, THAT REPRESENTS $261,300, AND THEN WE WOULD MAKE A LUMP SUM PAYMENT OR A BALLOON PAYMENT OF $283,500 WITH THE FUNDS WE WOULD GET FOR TRADING IN AND AUCTIONING THE FLEET AT THE END OF THE FOUR YEAR PERIOD.

THE SAVINGS OF THIS OPTION VERSUS THE LEASE IS ABOUT A LITTLE OVER $46,000.

THANKS, JEN, AND SO, AS HARLAN WAS SAYING, THE COST TO PURCHASE THAT FLEET IS A LITTLE OVER $540,000. WE ANTICIPATE MAKING BACK ABOUT 283 OF THAT WHEN WE SELL IT.

WE'RE GOING TO FINANCE THAT THROUGH THE INTER-FUND LOAN.

WE WILL DO A 5% INTEREST, WHICH WILL GIVE GREAT RETURN ON INVESTMENT TO THAT FUND, GIVING THEM ABOUT $84,000 IN INTEREST PAYMENT, AND OUR TOTAL REPAYMENT AMOUNT WILL BE $629,042.63, AND SO IF THIS IS AWARDED THIS EVENING, COUNCIL WILL APPROVE THE PURCHASE. THE INSTALLATION AND PROGRAMING OF GPS WILL OCCUR IN APRIL, AND WE'RE HOPING MAY WILL BE OUR NEW CART ARRIVAL AND THEN OF COURSE, THAT GAP FLEET WOULD COVER BRIDGE ANY GAP IN BETWEEN.

SO THE FIRST RECOMMENDATION THIS EVENING WOULD BE TO APPROVE THE COOPERATIVE CONTRACT FOR GOLF CARTS WITH CLUB CAR IN THE AMOUNT OF $544,800, AND THEN THE SECOND ITEM WOULD BE FOR THE GPS.

ANY QUESTIONS? HARLAN, IT LOOKS LIKE OUR INTERNAL FUND, OUR ERF FUND IS NOW A BUSINESS ENTERPRISE FUND.

MAKING MONEY. I LIKE THE IDEA OF PURCHASING THE CARTS.

WHAT'S THE LIFE ON THESE? I'M SORRY. GPS WITH THE LITHIUM ION BATTERIES.

WE HAVE A MUCH BETTER SHELF LIFE OF THESE CARTS.

THEY SHOULD LAST AT LEAST THE FIVE YEARS THAT WE'RE RECOMMENDING.

VERSUS THE OLD STYLE BATTERIES LASTED FOR YEARS BEFORE THOSE CARTS WERE DONE.

I'M SORRY. I DIDN'T MEAN TO INTERRUPT YOU.

IS THERE ANY WAY WE CAN GET INTO A ROTATION WHERE WE'RE NOT HAVING TO DO A BULK BUY? IN OTHER WORDS, TAKE A LOOK AT THE TRADE IN.

MAYBE TEN OF THEM OR 20 OF THEM IN TWO YEARS.

[01:20:01]

MAYOR, THAT'S SOMETHING GOES INTO A LOOP.

I KNOW THAT'S SOMETHING THAT WE'VE DISCUSSED.

I THINK IT'S SOMETHING WE CAN DISCUSS, BUT I DON'T WANT TO STEAL JAMES'S THUNDER, BUT I KNOW THAT ONE OF THE ISSUES WITH THAT IS, IS THAT WHEN YOU ROTATE THE CARTS, YOU GET CARTS IN DIFFERENT CONDITIONS, AND SO PEOPLE PREFER A GROUP OF CARTS OVER THE OTHER.

I THINK THAT SOME OF THE LOGISTICAL CHALLENGES WE NEED TO THINK ABOUT AS WE GO THROUGH THAT, BUT--I KNEW THAT WAS COMING.

I DIDN'T HE GAVE ME THE EYE.

THERE'S MERIT TO CONSIDERING A ROTATION JUST FROM HOW MUCH MONEY YOU'RE PAYING IN UPFRONT CAPITAL COSTS, BUT I THINK HEARING JAMES THERE IS ALSO POTENTIAL DOWNSIDE. SO I THINK WE NEED TO EVALUATE THAT BEFORE WE COMMIT TO THAT SOMETHING WE WANT TO DO.

I'LL GO WITH WHATEVER JAMES SAYS.

HE'S DONE US RIGHT SO FAR.

APPRECIATE YOU. IS THERE A MOTION ON THIS COMMENT BEFORE WE DO THAT? THERE'S SOME THINGS HERE THAT WE NEED TO CONSIDER, AND I'M OUT THERE SOME.

OKAY. THIS FIRST OF ALL, IT'S A GREAT IDEA.

GREAT IDEA. WE NEED TO DO IT, AND I WILL SIMPLY TELL YOU THAT THE GUYS THAT I PLAY WITH, WHICH IS EVERY WEEK, AND THEY'RE ALL LIKE ME AND THEY'RE GRIPING AND, BUT THEY HAVE A POINT.

THE CARTS ARE IN SUCH BAD CONDITION.

I MEAN, YOU'RE YOU'RE DOING THINGS LIKE, NOW WE GOT FLAT TIRES ON THEM.

THEY GO OUT, HAVE TO GO OUT AND PULL THEM IN BECAUSE THEY GOT FLAT TIRES.

SO YES, AND WE NEED THE SAME GOLF CARTS.

I THINK THAT'S A GREAT IDEA.

THE GPS, I'LL TELL YOU RIGHT NOW WE NEED THAT TO SAVE ON THE GOLF CARTS.

BECAUSE OLD TIMERS LIKE ME, THEY DRIVE THE OLD DARN THINGS EVERYWHERE, AND IT'S GOT TO STOP.

IT HAS JUST GOT TO STOP, AND WE CAN DO IT WITH THESE GPSS.

SO JUST A LITTLE INSIGHT THERE FOR EVERYBODY.

IT'S A IT'S A GREAT IDEA.

THE GPS WE NEED VERY, VERY MUCH AND IT'LL PAY FOR ITSELF AFTER A WHILE.

OKAY I GOT A COUPLE IS I GUESS THE CART BARN SET UP TO WHEN WE SWITCHED OVER TO THE LITHIUM ION.

YES, SIR. WE WOULD BE GOOD, AND THEN--THEY'RE SELF-CONTAINED.

OKAY, OKAY, AND THEN I WOULD REALLY LIKE TO SEE US ENFORCING THE IF PEOPLE BRING THEM BACK DAMAGED BECAUSE, YOU KNOW, WE ALL SIGNED THE LITTLE PIECE OF PAPER, BUT, YOU KNOW, MAYBE I DON'T KNOW WHAT THE CHARGE WOULD BE, BUT IT'S THESE ARE GOING TO BE BRAND NEW.

YOU KNOW, EVERYBODY HOPEFULLY WILL TAKE CARE OF IT, AND THEN AND THEN THE LAST THING IS I'M GOOD WITH A DOLLAR A HOLE INSTEAD OF THE 17 TO DO 18.

I MEAN I WAS JUST WONDERING.

SO TWO AND TWO.

YEAH. GO GO UP $2 ON A NINE HOLE RATE AND $4 ON THE 18 HOLE RATE AND JUST DO A DOLLAR A HOLE BECAUSE THAT'S IN LINE WITH EVERYBODY ELSE.

THEY THEY CHARGE A DOLLAR A HOLE, AND SINCE THESE ARE BRAND NEW STATE OF THE ART CARTS PAY TO PLAY.

OKAY. ABSOLUTELY. WE I DON'T THINK RIGHT, AND THAT'LL COME FORWARD AS A FUTURE FEE AMENDMENT.

SO IF THAT'S THE RECOMMENDATION THAT'S WHAT WE'LL BRING FORWARD.

PERFECT I'M GOOD.

IS THERE A MOTION? WE NEED TO FINANCE A CAN OF FIX-A-FLAT TO KEEP IN THE GOLF BARN FOR RONNIE? YES, SIR. [CHUCKLING] IS THERE A MOTION? I MAKE A MOTION TO APPROVE.

SECOND. I GOT A MOTION BY LARRY.

A SECOND BY RONNIE. PLEASE VOTE.

PASSES UNANIMOUS.

THANK YOU, MAYOR AND COUNCIL.

THAT BRINGS US TO ITEM SEVEN D CONSIDER APPROVAL OF CITY COUNCIL POLICY [INAUDIBLE] OH I'M SORRY.

YEAH. WE NEED TO VOTE ON EIGHT C, BUT I HAD A QUESTION ON SEVEN.

SEE, I HAVE A QUESTION ON SEVEN C.

YES, SIR? THE GPS SCREEN GIVES US ADVERTISEMENT CAPABILITY I SAW.

IS IT STAFF'S CURRENT INTENTION TO SELL SOME OF THAT ADVERTISEMENT TO OUTSIDE PEOPLE, OR IS THAT JUST FOR CITY RELATED.

BOTH. ABSOLUTELY.

YES, SIR. SO THERE IS A REVENUE SOURCE.

PROBABLY NOT A HUGE ONE, BUT SOME SOME COMING BACK AGAINST THAT 180,000.

YES, SIR. OKAY.

WE'RE READY FOR A VOTE ON SEVEN C I'LL MOVE TO APPROVE.

OKAY. GOT A MOTION BY DAN, A SECOND BY ADAM.

I WENT BLANK. PLEASE VOTE.

PASSES UNANIMOUSLY.

NOW WE'LL MOVE ON TO SEVEN D.

CONSIDER APPROVAL OF A CITY COUNCIL POLICY 43 FORMALLY ADOPTING THE CITY OF BURLESON'S ASSET MANAGEMENT POLICY AND CORPORATE RISK MATRIX.

[7.D. Consider approval of City Council Policy 43, formally adopting the City of Burleson Asset Management Policy and Corporate Risk Matrix. (Staff Contact: Eric Oscarson, Deputy City Manager)]

THE STAFF PRESENTER THIS EVENING IS ERIC OSCARSON, DEPUTY CITY MANAGER.

GOOD EVENING, MAYOR AND COUNCIL.

I HOPE THIS IS AS EXCITING AS GOLF CARTS.

I DON'T KNOW IF IT CAN BE, THOUGH.

TONIGHT, AGENDA ITEM FOR YOU TO CONSIDER IS FOR THE ADOPTION OF A NEW CITY COUNCIL POLICY REGARDING ASSET MANAGEMENT AND RISK.

[01:25:06]

THIS ITEM HAS BEEN RECENTLY REVIEWED BY THE COUNCIL POLICY AND EVALUATION COMMITTEE, HAD SOME MINOR COMMENTS TO DISCUSS, AND STAFF'S BEEN WORKING ON THIS FOR QUITE SOME TIME WITH FREESE AND NICHOLS.

THEY'VE BEEN HELPING US PUT TOGETHER THE ASSET MANAGEMENT POLICY, THE RISK MATRIX, AS WELL AS WORKING WITH STAFF TO IMPLEMENT THE FIRST ASSET MANAGEMENT PROGRAM WITH OUR STREETS AND OUR STREETS OUR ROAD NETWORK.

SO WHAT IS ASSET MANAGEMENT? AND I'LL GO AS QUICKLY AS I CAN THROUGH THESE.

SO THE ASSET MANAGEMENT IS THE PRACTICE OF MANAGING INFRASTRUCTURE CAPITAL ASSETS TO MINIMIZE THE COSTS OF OWNING AND OPERATING THEM WHILE DELIVERING THE SERVICE LEVEL CUSTOMERS DESIRE, BUT ASSET MANAGEMENT IS JUST NOT ABOUT MANAGING ASSETS.

IT'S ABOUT MANAGING ALL OF THESE THINGS.

SO THE VALUE OF THE ASSETS, THE RISK OF THE ASSETS, CAPACITY OF ASSETS, CONDITION OF ASSETS, LIFE OF ASSETS AND THE INVENTORY OF ASSETS.

IT'S A HOLISTIC APPROACH OF REVIEWING AND MANAGING ASSETS.

SO WHAT ARE THE BENEFITS OF ASSET MANAGEMENT.

SO THE BENEFITS ARE TACKLING AGING INFRASTRUCTURE, MAXIMIZING THE VALUE OF THE SYSTEM.

IT'S ABOUT SERVICE IMPROVEMENT AND IT'S ABOUT INVESTMENT JUSTIFICATION.

SO TODAY WE'RE GOING TO START DISCUSSING THE CITYWIDE ASSET MANAGEMENT PROGRAM, AND THIS TABLE WILL WALK THROUGH ALL THE DIFFERENT AREAS OF AN ASSET MANAGEMENT PROGRAM.

A COMPLETE ASSET MANAGEMENT PROGRAM LOOKS AT ORGANIZATIONAL STRATEGIC GOALS.

IT LOOKS AT A CORPORATE RISK MATRIX AND ASSET MANAGEMENT POLICY, WHICH WE'LL BE DISCUSSING TODAY.

IT LOOKS AT INDIVIDUAL ASSET MANAGEMENT PLANS FOR DIFFERENT SYSTEMS AND ALL THAT COMBINES TO PUT TOGETHER A FINANCIAL PLAN WHICH GETS REVIEWED BY COUNCIL STAKEHOLDERS AND REVIEWED BY THE COMMUNITY, AND THEN WE START OVER AGAIN.

SO IT'S IMPORTANT THAT OUR ASSET MANAGEMENT PROGRAM ALIGNS WITH CITY STRATEGIC VISION TO THE ASSET MANAGEMENT POLICY.

SO WE TOOK A LOOK AT OUR CURRENT ASSET MANAGEMENT, OUR CURRENT STRATEGIC PROGRAM AND WHAT OUR COMMITMENTS, EXPECTATION AND GOALS WERE FROM THE CITY, AND SO THEN WE DRAFTED A POLICY THAT WAS BASED ON THAT, AND THIS IS JUST A QUICK EXAMPLE OF WHAT THE POLICY WOULD LOOK LIKE.

WE'LL GET INTO MORE DEPTH HERE IN THE LATER SLIDES.

ALSO INCLUDED IN THE ASSET MANAGEMENT POLICY IS DISCUSSING CONSEQUENCE OF FAILURE.

CONSEQUENCE OF FAILURE IS JUST ONE PART OF THE EQUATION WHEN IT COMES TO DETERMINING ASSET ASSET MANAGEMENT AND DETERMINING RISK FACTORS, AND WE LOOK AT THINGS ON THE WATER SIDE AS CONTAMINATED WATER SUPPLIES.

WE LOOK AT FLOODING AND EROSION FROM A STORM WATER SIDE.

WE LOOK AT INCREASED AIR POLLUTION ON OUR ROAD NETWORKS AND DEFORESTATION IN OUR PARKS.

PART OF OUR RISK MATRIX THAT IS GOING TO BE PRESENTED TO YOU TODAY.

WE LOOK AT HOW ARE WE GOING TO TOLERATE CONSEQUENCES AS WE GO ACROSS THE DIFFERENT AREAS.

WE LOOK AT REGULATORY COMPLIANCE.

WE LOOK AT THINGS LIKE LOSS OF SERVICE, SAFETY, PUBLIC TRUST, REPUTATION, AND WHEN WE LOOK AT THE CONSEQUENCES OF FAILURES, WE RANK THEM FROM A SCORE OF 1 TO 5 WHERE WE HAVE LITTLE IMPACT AND FIVE IS HAVING HIGH IMPACT.

AFTER WE GET THROUGH AND LOOK AT CORPORATE RISK MATRIX AND ASSET MANAGEMENT POLICY, WE LOOK AT INDIVIDUAL ASSET MANAGEMENT FRAMEWORKS FOR EACH AREA.

WE LOOK AT ROADWAY NETWORK.

THAT'S THE FIRST ONE WE'RE GOING TO BE LOOKING AT AS AN ORGANIZATION, AND SO WHAT'S IMPORTANT TODAY IS THESE THINGS ALL GO INTO PLAY AS WE INCORPORATE AN ASSET MANAGEMENT POLICY, AND SO ONCE WE HAVE AN ASSET MANAGEMENT POLICY WE CAN KICK OFF OUR ROADWAY NETWORK ASSESSMENT AND LOOK AT OUR ASSET MANAGEMENT PLAN.

WE LOOK AT OUR CURRENT INVENTORY.

WE WORK WITH COUNCIL TO SET LEVELS OF SERVICE.

WE LOOK AT THE CONDITION AND CRITICALITY OF THOSE ASSETS.

WE CREATE A RISK BASED ASSESSMENT WHICH IS TIED TO THE CONSEQUENCE OF FAILURE MATRIX.

WE DETERMINE BUSINESS CASE, PRIORITIZE AND THEN LOOK AT HOW WE'RE GOING TO FINANCE THOSE ITEMS. SO TONIGHT FOR COUNCIL REVIEW IS THE REVIEW OF THE POLICY AND THE RISK MATRIX.

SO THIS IS A LOT OF WORDS.

I DON'T WANT TO BOG YOU DOWN IN ALL THE DETAILS OF THE WORDS OF THE POLICY, BUT OVERALL, THE ASSET MANAGEMENT POLICY EXPRESSES THE COMMITMENT OF THE CITY OF BURLESON TO GUIDE THE EFFECTIVE AND SUSTAINABLE MANAGEMENT OF THE INFRASTRUCTURE ASSETS.

THE POLICY WILL BE ADOPTED BY COUNCIL, WILL INFORM THE CITY'S APPROACH TO MAINTAINING, PRESERVING AND ENHANCING ITS ASSETS.

THE SCOPE OF THIS IS TO OBVIOUSLY COMMIT TO A COMPREHENSIVE AND STRATEGIC APPROACH TO MANAGING ASSETS, RIGHT.

IT'S ABOUT MAKING SURE THAT WE'RE USING DATA-BASED DECISIONS TO DETERMINE WHAT ACTIONS WE'RE TAKING ON DIFFERENT ASSETS.

SO THE CITY WIDE ASSET MANAGEMENT PROGRAM AIMS TO OPTIMIZE SERVICE DELIVERY BY BALANCING THE LEVEL OF SERVICE, THE COST CONSIDERATION AND BUSINESS RISKS.

THE PRIMARY SCOPE IS TO OPTIMIZE ASSET PERFORMANCE.

WE WANT TO MAKE SURE WE'RE FOSTERING A FISCAL RESPONSIBILITY TO EFFECTIVELY AND EFFICIENTLY ALLOCATE RESOURCES AND MAKE INFORMED DECISIONS.

WE WANT TO ENHANCE RESILIENCY AND SUSTAINABILITY TO PRIORITIZE OUR ASSETS.

[01:30:04]

WE WANT TO ALIGN WITH THE COMMUNITY GOALS.

WE WANT TO PROMOTE TRANSPARENCY AND ACCOUNTABILITY FOR DEEPER AND STRONGER COMMUNITY TRUST, AND WE WANT TO ENABLE INFORMED, DATA DRIVEN DECISION MAKING WHEN IT COMES TO OUR ASSETS. WHEN IT COMES TO RESPONSIBILITIES.

THE CITY COUNCIL'S RESPONSIBLE FOR ADOPTING A POLICY AND AUTHORIZING CITY MANAGER TO IMPLEMENT THAT ASSET MANAGEMENT PROGRAM.

THE CITY MANAGER WILL HOLD RESPONSIBLE.

IT WILL BE HELD RESPONSIBLE FOR ENSURING THAT THE CITY ADHERES TO THE PRINCIPLES AND COMMITMENTS THE LEADERSHIP TEAM WITHIN THE CITY WILL COMMIT TO PROVIDING SUPPORT TO THE CITY MANAGER IN PURSUIT OF COMPLIANCE WITH THE ASSET MANAGEMENT POLICY, AND THEN ALL EMPLOYEES, WITHOUT EXCEPTION, BEAR THE DUTY OF STRICT ADHERENCE TO THESE POLICIES.

ANY QUESTIONS ON THE POLICY? I THINK SOME OF THE FEEDBACK FROM THE COUNCIL EVALUATION COMMITTEE, I THINK THE FIRST ONE WE HAD WAS MORE OF A CHART, AND YOU WANTED TO DOCUMENT AN ACTUAL FORM THAT'S ATTACHED WITHIN THE AGENDA ITEM TONIGHT.

IF YOU HAVE ANY QUESTIONS ABOUT THE ACTUAL DOCUMENTED POLICY ITSELF.

I DON'T KNOW HOW TO ASK THIS.

REALLY? IS THIS A SOFTWARE THAT TAKES THIS DATA AND PUTS IT TOGETHER, OR HOW DOES THAT WORK? SO HOW DO YOU GET INPUT OUT.

SO IT'S A COMBINATION.

SO THIS IS THE FIRST STEP IN OUR ASSET MANAGEMENT PROGRAM IS GETTING COUNCIL TO ADOPT THIS POLICY AND GET BEHIND THE FACT THAT WE'RE GOING TO USE ASSET MANAGEMENT.

THE NEXT STEPS ARE TIED TO LIKE THE STREET ROAD NETWORK.

THAT'S WHERE THE SOFTWARE COMES IN SIR, IS WE TAKE THE INFORMATION FROM THIS RISK MATRIX AS WE LOOK AT IT, AND WE INPUT DATA INTO OUR CARTEGRAPH SOFTWARE.

OUR CARTEGRAPH SOFTWARE IS A GIS BASED SOFTWARE THAT SHOWS EVERY ROAD SECTION IN THE CITY.

IT GIVES IT A SCORE BASED ON AN ASSESSMENT THAT WAS COMPLETED.

THEN WHAT IT DOES IS WE TAKE A LOOK AT THE LIKELIHOOD OF FAILURE AND CONSEQUENCE OF FAILURE, AND THAT'S WHERE THE RISK MATRIX I'M GOING TO TALK ABOUT REAL QUICK HERE A LITTLE BIT ABOUT WE TAKE THAT INFORMATION AND IT CREATES A SCORE.

SO HOW LIKELY IS A ROAD TO FAIL.

HOW IMPORTANT IS THAT ROADWAY, AND THEN IT LOOKS AT YOU KNOW WHERE THAT FALLS ON A MATRIX.

THAT SYSTEM DOES THAT, AND THEN BASED ON DIFFERENT TREATMENT METHODS, IT GIVES US A PRIORITIZATION OR AN OPTIMIZED MODEL OF WHERE WE SHOULD BE SPENDING OUR MONEY.

THE MODEL RUNS AND SAYS YOU SHOULD SPEND MONEY ON THIS ROAD BECAUSE IT DOES THE BEST IMPROVEMENT FOR THE ENTIRE NETWORK.

THIS ROAD SHOULD BE TREATED IN THIS WAY, AND SO YES, IT'S A SOFTWARE.

WE OWN THE SOFTWARE.

THE SOFTWARE CAN BE UTILIZED TO DO THIS.

IT'S SIMPLY ABOUT PROGRAMING THE SOFTWARE TO TELL US WHAT WE WANT TO KNOW.

IF WE HAVE X AMOUNT OF DOLLARS.

THIS IS WHERE I WOULD SPEND THE MONEY IF WE HAD ALL THE MONEY IN THE WORLD.

THIS IS WHERE WE WOULD DO THE DIFFERENT TREATMENTS AND GET THE ROADS TO GET BETTER.

ALL THOSE THINGS CAN BE PROGRAMED THROUGH THE MODEL THAT WE AND THE SOFTWARE THAT WE OWN TODAY.

THIS IS THE FIRST STEP TO KICK OFF THAT PROJECT.

ANYBODY ELSE.

IT'S AN EXCELLENT PLAN AND A GOOD WELL WRITTEN POLICY, AND A VERY IMPORTANT BUILDING BLOCK FOR A MUCH MORE DETAILED PROGRAM THAT WE'LL GET TO THROUGH TIME, BUT WE NEEDED THIS POLICY AND HAVE NEEDED IT FOR A LONG TIME.

I LIKE THE FORM THAT IT'S TAKEN.

SO WITH REGARD TO THE CORPORATE RISK MATRIX, I'LL GO THROUGH THIS REAL QUICK.

THE CORPORATE RISK MATRIX ITSELF IS INCLUDED IN THE POLICY ITSELF.

SO IT'S AT THE BOTTOM OF THE ACTUAL DRAFTED POLICY.

SO IF ADOPTED THIS EVENING THIS WOULD BE THE CORPORATE RISK MATRIX THAT WE FOLLOW.

THIS AGAIN IS THE PROGRAMING OF THE SOFTWARE ITSELF OF WHAT'S IMPORTANT WITH REGARDS TO DIFFERENT THINGS.

SO WE HAVE REGULATORY COMPLIANCE FINANCIAL AND DELIVERY OF SERVICES.

WE HAVE VERY LOW, LOW, MODERATE, HIGH AND VERY HIGH CONSEQUENCES OF FAILURE, AND YOU CAN SEE THEM LISTED HERE.

WE ALSO HAVE RISK CATEGORIES FOR OPERATIONAL IMPACT ENVIRONMENTAL AND REPUTATIONAL IMPACT, AND WE HAVE THEM CATEGORIZED AGAIN FROM VERY LOW TO VERY HIGH. THESE WILL BE WHAT WE CALL A CORPORATE RISK MATRIX.

ANY ASSETS THAT WE LOOK AT IN DOING ASSET MANAGEMENT FOR WILL FOLLOW THIS CORPORATE RISK MATRIX TO DETERMINE WHAT, HOW IMPORTANT IT IS FOR US TO MAKE THAT REPAIR OR TO REPAIR THAT ASSET OR REPLACE THAT ASSET, AND SO BY ADOPTING THIS POLICY THIS EVENING, AS WE MOVE FORWARD WITH THE ROAD PROJECTS, AND WE LOOK AT THINGS AS WE MOVE FORWARD TO WATER AND WASTEWATER AND PARKS AND OTHER ASSETS, THIS WILL BE KIND OF THE GUIDING PRINCIPLES FOR THAT ASSET MANAGEMENT PROGRAM.

ANY THOUGHTS ON THE RISK MATRIX? SO NEXT STEPS.

IF ADOPTED. THIS EVENING WE'RE GOING TO KICK OFF OUR ASSET MANAGEMENT PROGRAM WITH STREETS INVENTORY.

WE'RE ALREADY WORKING ON SOME OF THIS.

SO WE'RE GOING TO UTILIZE EXISTING SOFTWARE TO IMPLEMENT THE ASSET MANAGEMENT PROGRAM.

WE WILL PROVIDE COUNCIL SOME OPPORTUNITY TO INPUT ON LEVELS OF SERVICE.

[01:35:01]

LEVELS OF SERVICE ALSO DRIVE THE MODELING SOFTWARE.

WE WILL RUN SOME OPTIMIZATION MODELING AND THAT WILL BE USED FOR BUDGET FOR THIS COMING YEAR, AND THEN THAT WILL ALLOW US TO PROVIDE SOME ANNUAL MAINTENANCE AND CAPITAL SCHEDULE BASED ON THAT MODELING AND THEN AFTER THAT, AFTER YOU GET KIND OF A TASTE OF WHAT THAT LOOKS LIKE AND HOPEFULLY EVERYONE LIKES IT, WE'LL START DISCUSSING WHAT IT LOOKS LIKE FOR THE OTHER ASSETS.

SO DO WE WANT TO MOVE ON TO WATER AND WASTEWATER? DO WE WANT IN OTHER ASSETS ACROSS THE CITY? AND SO WITH THAT, COUNCIL IS RECOMMENDING OR STAFF IS RECOMMENDING THAT CITY COUNCIL ADOPT CITY COUNCIL POLICY 43.

THE CITY OF BURLESON ASSET MANAGEMENT POLICY AND CORPORATE RISK MATRIX.

ANY QUESTIONS? ANYBODY? SO ENTERTAIN A MOTION HERE.

WE'RE READY.

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

PLEASE VOTE. THANK YOU.

I WAS WAITING FOR YOUR YES OR NO VOTE ON THAT SCREEN.

OKAY. THE NEXT ITEM ON THE AGENDA IS ITEM SEVEN E.

[Items 7.E & 7.F]

I'M GOING TO CALL FORWARD ITEM SEVEN E AND SEVEN F.

MISS CAMPOS WILL BE DOING ONE PRESENTATION FOR BOTH ITEMS AND WE'LL VOTE ON THEM SEPARATELY.

ITEM SEVEN E IS CONSIDER APPROVAL OF A RESOLUTION STATING AND ACCEPTING THE RESULTS OF THE LOCAL OPTION.

PETITION FOR LEGAL SALE OF ALL ALCOHOLIC BEVERAGES FOR OFF-PREMISE CONSUMPTION ONLY.

ITEM SEVEN F IS CONSIDER APPROVAL OF A RESOLUTION ORDERING A SPECIAL ELECTION LOCAL OPTION TO LEGALIZE THE LEGAL SALE OF ALL ALCOHOLIC BEVERAGES FOR OFF PREMISE CONSUMPTION ONLY.

STAFF. PRESENTER IS AMANDA CAMPOS, CITY SECRETARY.

MISS CAMPOS. THE LONG AWAITED RESULTS.

MAYOR AND COUNCIL.

WE STARTED THIS PROCESS ON DECEMBER 5TH, 2023 WHEN WE RECEIVED A VALID APPLICATION REQUESTING FOR PETITIONS.

AS EVERYBODY KNOWS, THAT'S THE VERY FIRST STEP TO GET THROUGH THIS.

WE ISSUED PETITIONS.

YOU CAN SEE THE SERIAL NUMBERS.

THAT'S IMPORTANT BECAUSE WE HAD TO KEEP TRACK OF THOSE SERIAL NUMBERS AND MAKE SURE THAT WE HAD HAD THOSE ISSUED CORRECTLY.

THEY WERE ISSUED WITH THE REQUIRED LANGUAGE FOR CIRCULATION, AND THEN THEY WERE PUT INTO CIRCULATION.

THEY DID HAVE A DEADLINE TO PRODUCE THOSE SIGNATURES BACK TO US BY FEBRUARY 5TH.

THEY MET THAT DEADLINE BY BRINGING THEM BACK TO US.

ON FEBRUARY 2ND, WE ENTERED INTO A CONTRACT WITH TARRANT COUNTY ELECTIONS DIVISION TO VERIFY AND ACCEPT OR REJECT ANY SIGNATURES THAT WERE PRESENTED ON THOSE PETITIONS.

THE REASON WHY WE DID THIS IS BECAUSE TARRANT COUNTY ELECTIONS HAS THE EXPERTISE AND THEY HAVE THE SOFTWARE, AND THEY ALSO HAVE THE DIRECT LINK TO THE SECRETARY OF STATE'S OFFICE, WHICH IS WHAT THEY UTILIZE TO MAKE SURE THAT THEY HAD VALID SIGNATURES ON THERE, VALID VOTERS IN THERE.

THEY DID THAT. THEY TOOK THEIR TIME.

THEY DID DUE DILIGENCE.

THEY DID ACTUALLY CHECK ALL SIGNATURES.

SO TOTALLY THE SIGNATURES TURNED IN WERE 7206 SIGNATURES.

THEY ACTUALLY LOOKED AT EACH ONE OF THOSE.

I WANT THIS COUNCIL TO KNOW THAT TARRANT COUNTY ELECTIONS STANDS BEHIND THEIR WORK, AND THEY HAVE THEY DID CERTIFY THEIR RESULTS TO US WHEN THEY RETURNED THOSE WITH THE CERTIFIED LETTER, THEY RETURNED SIGNATURES THAT WERE VERIFIED AND ACCEPTED WERE 5505 SIGNATURES, THE THRESHOLD THAT THEY HAD TO MEET IN ORDER TO TRIGGER AN ELECTION TO BE HELD WAS 5430.

SO THEY DID MEET THAT THRESHOLD TO ORDER AN ELECTION.

SO ONCE THAT IS HAPPENING, THEN THE CITY COUNCIL MUST ORDER A SPECIAL ELECTION.

YOU DON'T HAVE AN OPTION HERE.

I THINK I'VE TOLD SOME OF YOU BEFORE.

THERE'S NOT A CHOICE HERE.

YOU HAVE TO ORDER THE ELECTION ON THE NEXT UNIFORM ELECTION DATE.

YOU HAVE TO ORDER IT 78 DAYS PRIOR ACCORDING TO ELECTION LAW, BUT ACCORDING TO THE ALCOHOL BEVERAGE CODE LAW, YOU HAVE TO DO IT 30 ON OR AFTER 30 DAYS WHEN THIS PETITION IS RECEIVED.

SO THAT MAKES IT.

MARCH 4TH IS WHEN YOU HAVE TO DO IT, YOU HAVE TO ORDER IT, AND THE NEXT UNIFORM ELECTION DATE IS NOVEMBER 5TH, 2024. THE MEASURE WILL BE LISTED ON THERE.

THIS IS IMPORTANT. THE MEASURE WILL BE LISTED FOR THE LEGAL SALE OF ALL ALCOHOLIC BEVERAGES FOR OFF-PREMISE CONSUMPTION ONLY.

[01:40:05]

SO THIS IS ALL ALCOHOLIC BEVERAGES FOR OFF PREMISE CONSUMPTION ONLY.

WE WILL ENTER INTO A CONTRACT WITH JOHNSON AND TARRANT COUNTY FOR ELECTION SERVICES.

THEY'LL BE CONDUCTING ELECTIONS THEMSELVES, AND SO WE WILL BE ADDED TO THERE WHEN WE CONTRACT WITH JOHNSON COUNTY, WE HAVE A SEPARATE BALLOT.

TARRANT COUNTY, WE WON'T HAVE A SEPARATE BALLOT, BUT WE COULD LOOK BACK AT HISTORICALLY AND EACH ONE OF THOSE, EVERY TIME WE'VE CONTRACTED WITH THE COUNTY, WE HAVE NOT DECREASED IN VOTERS. WE'VE ACTUALLY INCREASED IN VOTERS.

SO HAVING ONE BALLOT OR A SHARED BALLOT OR A SEPARATE BALLOT, I'LL BE HONEST WITH YOU, COUNCIL HASN'T REALLY MADE A DIFFERENCE IN THOSE ELECTIONS. SO TONIGHT, FIRST LET ME SEE IF THERE'S ANY QUESTIONS OR COMMENTS THAT ANY COUNCIL MEMBER WOULD LIKE TO ADDRESS. NO.

SO TONIGHT, THE FIRST ITEM THAT I WOULD ASK THE COUNCIL TO DO IS APPROVE THE RESOLUTION THAT IS STATING AND ACCEPTING THE RESULTS THAT I'VE JUST PRESENTED TO YOU.

MICHAEL. IT'S SEVEN E.

IS THERE A MOTION ON SEVEN E? I HAVE A MOTION BY DAN.

A SECOND BY ADAM.

I'M SORRY. BY LARRY.

PLEASE VOTE.

PASSES UNANIMOUS.

IS THERE A MOTION ON SEVEN E? I DON'T NEED ANY HELP.

MOVE TO APPROVE THE ORDERING OF THE SPECIAL ELECTION.

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

PLEASE VOTE. PASSES UNANIMOUS.

THANK YOU, MAYOR AND COUNCIL, AND IF YOU'LL ALLOW ME FROM THIS POSITION, I WILL CALL FORWARD THE NEXT ITEM THAT MOVES US ON TO SECTION EIGHT REPORTS AND PRESENTATIONS.

[8.B. Receive a report, hold a discussion and provide staff feedback regarding easement and right-of-use agreements. (Staff Contact: Tony D. McIlwain, AICP, CFM, Development Services Director)]

WE'VE ALREADY DISPOSED OF EIGHT A SO THAT BRINGS US TO EIGHT B, RECEIVE A REPORT, HOLD A DISCUSSION AND PROVIDE STAFF BACK STAFF FEEDBACK REGARDING EASEMENT AND RIGHT OF WAY, RIGHT OF USE AGREEMENTS.

STAFF PRESENTER IS TONY MCILWAIN, DIRECTOR OF DEVELOPMENT SERVICES.

THANK YOU. AMANDA.

OKAY, MAYOR AND COUNCIL, IT'S BEEN A LONG EVENING.

I UNDERSTAND THAT I'M HERE TO BRING TO YOU A COMMITTEE'S WORK ON EASEMENT OF RIGHT OF WAY USE AGREEMENTS.

AS YOU KNOW, SOME TIME AGO, THE COUNCIL DIRECTED SOME ADDITIONAL WORK TAKE PLACE WITH HOW THE CITY IS HANDLING EASEMENT AND RIGHT OF WAY USE AGREEMENTS.

THE COUNCIL POLICY AND EVALUATION COMMITTEE, WHICH IS COMPRISED OF MEMBERSHIP WITH THE MAYOR PRO TEM DAN MCCLENDON COUNCILMAN LARRY SCOTT AND COUNCILMAN ADAM RUSSELL UNDERTOOK THIS EFFORT WITH STAFF TO BRING BACK SOME PROPOSALS FOR YOU TO CONSIDER MOVING FORWARD.

WE'VE GOT A LIST OF TOPICS.

NOW, I WON'T READ THE SLIDES TO YOU, BUT WE COVER A FULL BREADTH OF TOPICS DURING THE COURSE OF OUR MEETINGS WITH THE COMMITTEE, AND WHAT WE'RE ASKING FOR FROM YOU TONIGHT IS JUST TO GET SOME FEEDBACK FROM YOU AS FAR AS NEXT STEPS OR ANY REVISIONS OR CHANGES THAT YOU MIGHT WANT TO SEE AS THE FULL BODY POLITIC.

CURRENTLY, THE CITY UTILIZES OUR EASEMENT AND RIGHT OF WAY USE AGREEMENT FOR ANY IMPROVEMENT OR USE WITHIN A PUBLICLY DEDICATED RIGHT OF WAY OR EASEMENT.

WE'VE GOT A LIST OF THINGS THAT THE CITY HAS HISTORICALLY LOOKED AT IN THOSE DIAMOND ICONS, MASONRY FENCES ALL THE WAY DOWN TO BUILDING SIGNS AND OTHER PERMANENT IMPROVEMENTS.

THE CRITERIA THAT WE HAVE FOR EASEMENT AND RIGHT OF WAY USE AGREEMENTS ARE CONTAINED IN THE CITY'S DESIGN MANUAL SECTION 3.3, TO BE SPECIFIC, FOR THOSE OF YOU NEEDING INFORMATION AS TO WHAT CONSTITUTES AN EASEMENT, WHAT CONSTITUTES A RIGHT OF WAY? BASICALLY, WE'VE GOT A DEFINITION FOR EASEMENTS AND THE CITY UTILIZES FOUR TYPES SEWER, UTILITY, WATER AND DRAINAGE, AND THOSE SERVE VERY SPECIFIC PURPOSES, AND

[01:45:05]

TYPICALLY THAT'S A DAY TO DAY ACTIVITY THAT YOUR DEVELOPMENT AND ENGINEERING STAFF WILL REVIEW WHEN USES WITHIN EASEMENTS ARE OCCURRING.

RIGHT OF WAY IS TREATED A LITTLE DIFFERENTLY, AND THAT IS THE LEGAL RIGHT OF ACCESS AND PASSAGE OVER LAND, AND WE'VE GOT ANY NUMBER OF RIGHT OF WAY USES THAT WE TYPICALLY SEE IN LOCAL GOVERNMENT TO INCLUDE RAILROAD USE, FRANCHISE UTILITY USE, VEHICULAR AND PEDESTRIAN USE.

THESE THIS THIS RIGHT OF USE CAN BE CONVEYED EITHER VIA SEPARATE INSTRUMENT OR VIA A DEDICATION, SUCH AS A PLAT OR COMBINATION.

IN OUR REVIEW.

WE CURRENTLY HAVE APPROXIMATELY 121 OF THESE AGREEMENTS, 112 ARE LOCATED WITHIN JOHNSON COUNTY, AND THE REMAINING PORTION ARE WITHIN THE PART OF THE CITY WITHIN TARRANT COUNTY.

WE KEEP A DATABASE OF USES INVOLVING A RIGHT OF WAY AND 57 TO 62 ARE BASICALLY RIGHT OF WAY.

USE ENCROACHMENTS.

HERE ARE THE EASEMENT AND RIGHT OF WAY USE AGREEMENTS THAT HAVE BEEN APPROVED IN OLD TOWN, AND WE TAKE THE SLIDE BACK TO 2011 AS FAR AS OUR DOCUMENTATION, STARTING WITH GRUMPS WITH A BALCONY WITH COLUMNS THAT SIDEWALK WORKING THROUGH THE YEARS.

MOST RECENTLY WE'VE HAD SPICE RACK AND OLD TEXAS BREWING COMPANY COME BEFORE YOU IN THE LAST FEW MONTHS SEEKING USE OF RIGHT OF WAY IN THE OLD TOWN.

IN OUR DISCUSSIONS WITH THE COMMITTEE.

WE MET TWO TIMES IN NOVEMBER, 20TH OF LAST YEAR AND JANUARY 24TH OF THIS YEAR.

THESE ARE THE PROPOSALS COMING FROM THE COMMITTEE TO YOU FOR YOUR CONSIDERATION.

IT IS THE COMMITTEE'S RECOMMENDATION THAT ENGINEERING WILL CONTINUE TO REVIEW AND APPROVED EASEMENT USE AGREEMENTS CITYWIDE AND RIGHT OF WAY USE AGREEMENTS THAT ARE LOCATED OUTSIDE OF OLD TOWN.

SO, AGAIN, WE'RE DRAWING A DISTINCTION TO HOW THE PROCESS IS CURRENTLY OCCURRING.

NOW, ALL OF THOSE RIGHT-OF-WAY USE AGREEMENTS THAT ARE IN OLD TOWN.

IT IS DETERMINATION AND RECOMMENDATION OF THE COMMITTEE IS THAT THEY GO TO THE OLD TOWN DESIGN STANDARDS REVIEW COMMITTEE, AND THEN FORWARD TO YOU ALL FOR YOUR CONSIDERATION.

PUBLIC PARKING.

PUBLIC SIDEWALKS WILL PROCEED DIRECTLY TO THE CITY COUNCIL FOR CONSIDERATION.

TYPICALLY, WE'VE BEEN FOLLOWING THESE AGREEMENTS.

THE COMMITTEE'S RECOMMENDATION IS THAT WE SEE STEP PROCESS AND INSTEAD HAVE THESE LISTED WITH THE CITY SECRETARY'S OFFICE INSTEAD OF THE COUNTY CLERK.

SO WHAT HAS STAFF DONE? WE HAVE PREPARED AN ORDINANCE TO BE CODIFIED IN LIEU OF A POLICY.

WE ARE LOOKING TO HAVE THE COUNCIL REVIEW AND CONSIDER AGREEMENTS ANNUALLY.

WITH OUR RECOMMENDATION BEING THAT THE FIRST TIME IT APPEARS ON YOUR AGENDA WOULD BE AS A GENERAL DISCUSSION ITEM, AND THEN, DEPENDING ON YOUR DIRECTION, IT WOULD REAPPEAR AT A SUBSEQUENT MEETING AS A CONSENT AGENDA ITEM.

WE'VE WORKED WITH MR. RIBITZKI FOR A NEW FORM AGREEMENT, AND THAT HAS BEEN VETTED AND DISCUSSED WITH THE COMMITTEE.

WE'VE REVISED THE APPLICATION TO REFLECT A NEW WORKFLOW, AND I'M GOING TO SHOW YOU A FLOW CHART THAT WE'VE PUT TOGETHER THAT VISUALLY DETAILS THE CHANGE THAT THE COMMITTEE IS LOOKING TO DO.

SO I WANT TO DIRECT YOUR ATTENTION TO EVERYTHING ON THE RIGHT OF THE SCREEN THAT'S IN BLUE.

LONG STORY SHORT, IN THOSE INSTANCES, INSTANCES, EXCUSE ME, ANY OF THOSE PROCESSES ULTIMATELY STAY VESTED WITH THE CITY STAFF, PARTICULARLY PUBLIC WORKS ENGINEERING.

THAT PROCESS DOESN'T CHANGE AND IT WILL BE APPROVED ADMINISTRATIVELY.

WHAT THE COMMITTEE IS LOOKING TO DO IS TO TAKE PUBLIC SIDEWALKS CITYWIDE, PUBLIC PARKING, CITYWIDE AND PUBLIC RIGHT OF WAYS IN OLD TOWN, AND HAVE THOSE COME THROUGH THE CITY COUNCIL WITH THOSE RIGHT OF WAY AGREEMENTS IN OLD TOWN.

ALSO GOING TO OLD TOWN FOR A RECOMMENDATION AND THEN THE COUNCIL.

SO JUST WANT TO PAUSE HERE.

YOU'RE GOING TO LOOK AT BASICALLY PUBLIC SIDEWALK CITYWIDE, PUBLIC PARKING CITYWIDE, AND THEN WHEN WE TRANSITION TO PUBLIC RIGHT OF WAY AGREEMENTS, OLD TOWN AND THEN COUNCIL.

SO THAT WOULD BE THE DECISION MAKING MATRIX THAT IS BEING PROPOSED BY THE COMMITTEE.

BEFORE I PROCEED, I WANT TO MAKE SURE THAT THERE ARE NO QUESTIONS WITH THIS PROCESS.

I KNOW THREE OF THE MEMBERS ARE HERE ON THE DAIS, BUT FOR THOSE OF YOU THAT ARE NOT ON THE COMMITTEE, DO YOU HAVE ANY QUESTIONS REGARDING WHAT'S BEING DISCUSSED SO FAR?

[01:50:08]

OKAY. WITH THE REVISED APPLICATION.

THIS IS SOME DEGREE OF DISCUSSION.

WE WANT PROPERTY AUTHORIZATION.

ADJACENT PROPERTY OWNER, TENANT CONTACT AND COMMENT INFORMATION.

WE DISCUSSED APPLICABLE FEES.

WHAT WE LEFT THE COMMITTEE WITH IS A $525 FEE FOR AN INITIAL FIVE YEAR TERM OF THE AGREEMENT, SO $525 FOR AN INITIAL FIVE YEAR TERM. DURING THE COURSE OF THAT FIVE YEAR TERM, YOU WILL HAVE AN ANNUAL REVIEW OF THE APPLICATION, BUT NO ADDITIONAL CHARGES.

THE NEW FORM AGREEMENT PROVISIONS WHICH OCCUPY THE NEXT FEW SLIDES.

I WON'T READ THOSE OUT, BUT YOU CAN SEE WHERE THE THINKING OF THE COMMITTEE LIED.

BASICALLY, WE WANT TO MAKE SURE THAT WE GET THE OWNER OR LESSEE OF THE PROPERTY TO HAVE SOME SKIN IN THE GAME, BASICALLY WITH THESE AGREEMENTS. WE WANT TO TALK ABOUT MAKING SURE THAT THE PERMITTEE WOULD BE RESPONSIBLE FOR THE MAINTENANCE OF THE PERMITTED AREA.

ALLOW ALL MEMBERS OF THE PUBLIC TO USE THE PERMITTED AREA.

WHAT WE WANT TO AVOID COUNCIL IS HAVING THE IMPRESSION THAT YOU'RE WALKING THROUGH A RESTAURANT WHEN YOU'RE ACTUALLY WALKING THROUGH A PUBLIC AREA.

WE WANT TO KEEP THESE AREAS CLEAN AND HAVE A CLEAR LINE OF DEMARCATION THAT ALLOWS A FREE FLOW OF PEDESTRIAN TRAFFIC THROUGH THIS AREA IN OLD TOWN.

OUR IRREVOCABLE PROVISION HAS BEEN PLACED IN THE FORM AGREEMENT.

INDEMNITY PROVISION, AND BASICALLY A REQUIREMENT FOR GENERAL LIABILITY INSURANCE COVERAGE DURING THE TERM OF THE AGREEMENT.

SO AN INTERESTING DISCUSSION HAPPENED REGARDING LIQUOR LIABILITY INSURANCE COVERAGE TABC.

LET ME CORRECT MYSELF.

THERE ARE PROVISIONS IN STATE LAW WITH REGARD TO RESTAURANTS AND ESTABLISHMENTS ALLOWING ALCOHOL TO BE TAKEN OFF THE PREMISES AND SO WE DISCUSSED THAT AND MAKE SURE THERE WAS SOME LIQUOR LIABILITY INSURANCE COVERAGE MAKING SURE THAT YOU'RE CURRENT ON ALL TAXES THE PROVISO LANGUAGE REGARDING ADA COMPLIANCE, NO HAZARDOUS MATERIALS AND THINGS OF THAT NATURE.

I WANT TO NOTE THAT IF THE CITY OR UTILITY PROVIDER HAS TO GO ON TO THE SITE TO REMOVE ANY IMPROVEMENTS, THAT IS AT NO LIABILITY OR COST TO THE FRANCHISE, UTILITY PROVIDER OR CITY.

IF HARDSCAPE IMPROVEMENTS ARE MADE, THE CITY IS NOT GOING TO BE ON THE HOOK FOR ANY COST INVOLVED WITH.

REMOVING OF THOSE THOSE HARDSCAPE IMPROVEMENTS.

WITH REGARD TO CRITERIA FOR PLAN SUBMITTALS.

THAT FIRST ARROW FACILITY DETAILS IS WHAT'S CURRENTLY REQUIRED IN OUR RIGHT OF WAY AND EASEMENT USE AGREEMENT.

THE FINAL THREE ARE SOME DISCUSSION POINTS THAT WE DISCUSSED WITH THE COMMITTEE, AND ALSO WITH THE OLD TOWN DESIGN STANDARDS REVIEW COMMITTEE.

A LOT OF INSTANCES HERE RECENTLY, YOU'VE GOTTEN FIRST TIME VIEWS ON REQUEST, AND IT DIDN'T HAVE ENOUGH DETAIL FOR YOU.

YOU DIDN'T KNOW HOW IT WOULD LOOK.

YOU DIDN'T KNOW THE COLOR, YOU DIDN'T KNOW THE HEIGHT.

YOU DIDN'T HAVE THE SCAPE AND SCALE OF THE PROJECT.

WE WANT TO MAKE SURE THAT ANY DECISION MAKER WILL HAVE ENOUGH INFORMATION WHERE YOU FEEL COMFORTABLE RENDERING A DECISION.

DURING THE FEBRUARY 14TH MEETING AT THE DIRECTION OF THE COMMITTEE, WE TOOK THIS ITEM TO THE OLD TOWN DESIGN STANDARDS REVIEW COMMITTEE AND GAVE A REALLY ROBUST DISCUSSION.

HAD A UNDERTOOK A REALLY ROBUST DISCUSSION WITH THEM THE MEMBERS OF THE COMMITTEE.

ESSENTIALLY LIKE SOME ARTICULATED PERMISSIBLE USE AND APPEARANCE STANDARDS.

IF THE COUNCIL HAS CERTAIN USES THAT THEY DO NOT WANT TO PROMOTE THROUGH THESE AGREEMENTS, THE COMMITTEE WANTS TO MAKE SURE THAT THERE IS NO QUESTION MARK IN THOSE AREAS.

THEY WANT TO MAKE SURE THAT THEY ARE OPERATING UNDER AND IN CONJUNCTION WITH THE COUNCILS THE DECISIONS WHEN IT COMES TO SOME AGREEMENTS THEY ARE TRYING TO AVOID HAND SKETCHES.

WE WANT SOMETHING PROFESSIONALLY SUBMITTED TO THE CITY STAFF AND TO THE OUR BOARDS THAT ARE THERE SUPPORTING THE CITIZENS.

WE DISCUSSED POSSIBLE EXPANSION OF MEMBERSHIP TO INCLUDE SPECIALIZED TALENT WITH REGARD TO PEOPLE FROM ARCHITECTURAL OR DESIGN PROFESSIONAL BACKGROUND.

THEY VOICED NO OBJECTION TO THIS.

THERE WAS SOME DISCUSSION REGARDING THE PERMANENT NATURE OF RIGHT OF WAY USES.

AS YOU MIGHT WELL IMAGINE, OLD TOWN KNOWS WHAT'S GOING ON IN OLD TOWN, AND THEY'VE TAKEN A LOOK AT SOME OF THE PERMANENT NATURE OF THE IMPROVEMENTS, AND THERE WAS SOME CONCERN ABOUT THE ABILITY OF THE CITY TO REMOVE SOME OF THESE PERMANENT IMPROVEMENTS, BUT OVER THE COURSE OF THE DISCUSSION, THEY JUST WANT TO

[01:55:07]

MAKE SURE THAT I INFORMED YOU THAT WAS A TALKING POINT FOR THEM.

WE HAVE PLEDGED TO WORK WITH OLD TOWN SHOULD THIS BE APPROVED, TO PUT TOGETHER SOME VERY CONCRETE, SPECIFIC STANDARDS THAT THEY CAN HANG THEIR HAT ON AND THEN BRING THOSE STANDARDS TO YOU FOR YOUR REVIEW AS WELL? SO THIS IS WHAT STAFF IS SEEKING THE FULL COUNCIL'S DIRECTION ON AND UNDERSTAND WE'VE GOTTEN DIRECTION FROM THE COMMITTEE, BUT WE NEED TO HAVE THE COMMITTEE AS WELL AS THE REMAINING COUNCIL MEMBERS TO GIVE US CLEAR FINAL DIRECTION.

SO APPLICATION, HOW LONG IS THE PERMIT GOOD FOR AND WHAT DOES COUNCIL WANT TO CHARGE FOR AN APPLICATION FEE.

SO RIGHT NOW THE RECOMMENDATION FROM THE POLICY EVALUATION COMMITTEE IS ONE TIME FEE FIVE YEAR PERIOD $525. ARE YOU FOLLOWING A GENERAL BRIEFING AND THEN A CONSENT AGENDA ITEM? THE COMMITTEE RECOMMENDS THAT APPROACH, AND ALSO, HOW DO YOU WANT TO SEE THE ANNUAL REVIEWS? WE DON'T WANT TO PIECEMEAL REVIEW AFTER REVIEW.

IT KIND OF TAKES ON THE IMPRESSION OF THE ETJ-RELEASED PETITIONS.

THEY'RE KIND OF LITTERING YOUR AGENDA.

WE'RE LOOKING AT BATCHING THESE AT A CERTAIN TIME DURING THE YEAR WHERE YOU CAN TAKE AND HAVE CONSIDERATION AND EITHER MASS APPROVING THESE, PULLING SOME OFF FOR FURTHER DISCUSSION, BUT ALLOWS US TO GIVE YOU A ONE YEAR SNAPSHOT OF WHAT'S GOING ON.

THE COMMITTEE DURING THE COURSE OF OUR MEETINGS.

RECOMMEND THIS. RECOMMENDED THIS APPROACH.

SO HERE ARE SOME QUESTIONS.

WHAT DO WE DO WITH EXISTING OLD TOWN AGREEMENTS? DO YOU DON'T BRING THOSE INTO THE FOLD? DO WE WANT TO HAVE THEM GO THROUGH A PROCESS RENEWAL? DO THEY PAY THE FEE THAT IS BEING PROPOSED? ARE THEY GRANDFATHERED? ESCROW, WHICH WAS A BIG TALKING POINT WITH THE COMMITTEE.

WHAT IS COUNCIL'S INTEREST IN CONSIDERING CASH ESCROW FOR IMPROVEMENTS, AND HOW WOULD YOU LIKE TO HAVE THIS CALCULATED? SO AN EXAMPLE IS A PERCENTAGE OF THE VALUE OF THE IMPROVEMENTS.

SO IF THERE'S INTEREST ON YOUR PART TO HAVE SOME FUNDS ESCROW WE'D LIKE TO GET SOME DIRECTION.

OR IF YOU NEED FURTHER EXPLANATION WE CAN PROVIDE THAT TO YOU TONIGHT.

WITH REGARD TO OLD TOWN, WHAT ARE YOUR THOUGHTS ON EXPANDING THEIR MEMBERSHIP? IF WE'RE GOING TO HAVE THEM EMBARK ON A PROCESS WHERE THEY'RE NOW GOING TO STEP OUTSIDE OF THEIR NORMAL SCOPE AND LOOK AT RIGHT OF WAY USE IMPROVEMENTS, IS THERE SOME BENEFIT TO HAVING SPECIALIZED INDIVIDUALS ON THE MAKEUP OF THAT COMMITTEE? SO YOU HAVE QUESTIONS THAT WE'VE PROPOSED AS FAR AS THOUGHTS REGARDING ESCROW AND THINGS OF THAT NATURE, AND THIS IS AN AGGRESSIVE TIMELINE, BUT IT'S ONE THAT WE DISCUSS WITH THE COMMITTEE.

OBVIOUSLY, WE CAN TAKE THAT AT THE PACE THAT YOU ARE COMFORTABLE WITH, BUT WE ARE PREPARED DEPENDING ON THE ACTION TONIGHT, TO BRING THE ITEM BACK ON THE NEXT COUNCIL MEETING FOR A FIRST READING AND THEN APRIL 1ST FOR A SECOND READING.

THE IMPLEMENTATION UPON WHICH THIS OCCURS IS AT YOUR DISCRETION.

IF YOU WANT TO HAVE ADDITIONAL TIME TO LOOK THIS OVER TO DISCUSS THIS WITH BUSINESS OWNERS IN OLD TOWN WE WOULD LIKE TO HEAR THAT TONIGHT AS WELL, AND LAST BUT NOT LEAST, YOU HAVE THREE MEMBERS OF THE POLICY EVALUATION COMMITTEE SITTING ON THE DAIS TONIGHT.

I DON'T WANT TO NOT AFFORD THEM, MR. MAYOR, AN OPPORTUNITY TO SPEAK TO SOME OF THE WORK THEY'VE DONE.

I'LL ANSWER ANY QUESTIONS YOU HAVE, AND CERTAINLY THE COMMITTEE MEMBERS CAN GIVE YOU SOME INSIGHT AS TO THEIR THOUGHTS AS WELL.

TONY. THE FIRST CONCERN I WOULD HAVE IS THE FIVE YEAR RENEWAL.

YES, SIR. AFTER THOUGHTS AND CONSIDERATION, I KNOW WE'VE TALKED ABOUT THIS A LOT.

I'D LIKE TO REOPEN THAT FOR THE COUNCIL TO VISIT.

SINCE WE HAVE OUR REVOCABLE AGREEMENT AT ANY TIME, I DON'T SEE THE NEED FOR THE FIVE YEAR TERM, BUT I'D LIKE TO OPEN THAT FOR COUNCIL DISCUSSION.

I'LL AGREE WITH COUNCILMEMBER SCOTT, JUST IF WE JUST MADE IT A ONE TIME FEE GRANDFATHER, EVERYBODY ELSE THAT ALREADY HAS AN EXISTING RIGHT OF WAY AGREEMENT, THEY DON'T PAY THE FEE, BUT ANY SIGNIFICANT CHANGE LIKE, YOU KNOW, OLD TOWN OR THE BREWERY, THEY THEY JUST GOT IT IN SO THEY WOULDN'T HAVE TO PAY THIS FEE, BUT IF IT WERE TO COME LATER AND IT'S A COMPLETE CHANGE, THEN THAT WOULD BE THE TIME TO COLLECT A NEW FEE, BUT BUT JUST A ONE TIME AND BE DONE.

SO ONE TIME FEE.

THE FEE AMOUNT.

WHAT'S YOUR COMFORT LEVEL REGARDING THE FEE AMOUNT? $525 WAS SUPPOSEDLY EXTRAPOLATED OVER A FIVE YEAR PERIOD, OBVIOUSLY.

SO WHAT IS YOUR THE COUNCIL'S THOUGHTS ON THE FEE?

[02:00:03]

IF YOU WANT TO LEAVE IT THE SAME OR REDUCE IT, INCREASE IT.

OR IF YOU WANT FURTHER TIME TO CONSIDER IT THAT WE CAN WE CAN DO THAT AS WELL.

I MEAN, I'M FINE WITH THE FEED AS IT IS, BUT I DON'T SEE ANY NEED TO INCREASE IT.

I THINK IT'S ACCURATE WHERE IT'S AT.

OKAY. WHAT'S THE PURPOSE OF THE FEE TO RECOUP? TYPICALLY ALL OUR FEES WANT TO RECRUIT THE STAFF SERVICE INVOLVED WITH REVIEWING THESE.

ON ITS FACE IT LOOKS SIMPLE ENOUGH, BUT TO BE HONEST WITH YOU, MR. MAYOR, IT'S GOING TO GO THROUGH A PRETTY ROBUST REVIEW BY THE ENGINEERING STAFF, AND SO WE TRY TO MAKE SURE WE HAVE SOME TRUTH IN THE EFFORT NECESSARY TO GET THE ITEM BEFORE YOU COUNCIL.

THE OTHER THING I WOULD ADD IS THAT A COMPONENT WE'RE ADDING TO THIS PROCESS IS ESSENTIALLY GIVING YOU AN ANNUAL REPORT WHERE WE'RE GOING TO GO OUT AND VISUALLY INSPECT TO MAKE SURE THAT HAS NOT BEEN SCOPE CREEP ASSOCIATED WITH THE USE.

WE'LL ALSO BE MAKING SURE THAT THE INSURANCE REQUIREMENTS ARE UP TO DATE.

SO THOSE ARE GOING TO BE FUNCTIONS THAT WE'RE DOING, AND IT'LL BE AN ONGOING STAFF COMPONENT TO THIS.

SO I THINK FROM A STAFF PERSPECTIVE, WE FEEL I WOULD SAY THAT THE $525 WHILE IT REPRESENTS AN INCREASE, THIS WILL BE SOMETHING THAT WE DO YEAR OVER YEAR.

SO IT'S SOMETHING THAT I FEEL COMFORTABLE WITH.

JUST A POINT OF CLARIFICATION WITH THE $525 FEE.

THAT'S THE FIRST APPLICATION WHEN THEY COME IN FOR A RENEWAL.

IS THERE CONSIDERATION FOR RENEWAL FEE? I THINK WHAT I HEAR THE COMMITTEE SAYING IS, RATHER THAN A FIVE YEAR RENEWAL, THE COUNCIL SAYING RATHER RATHER THAN A FIVE YEAR RENEWAL, ESSENTIALLY IT THE AGREEMENT FUNCTIONS ALMOST AS AN EVERGREEN AGREEMENT, THAT IS, THAT'S REVOCABLE IN THE EVENT THAT SOMETHING CHANGES.

SO THERE'LL BE A ONE TIME FEE.

THANK YOU. UNLESS I'VE MISUNDERSTOOD.

NO THAT'S CORRECT. RIGHT, BUT AND THEN IF THEY DECIDE TO MAKE A SIGNIFICANT CHANGE, THEN THEY GO BACK THROUGH THE PROCESS AND PAY THE FEE AGAIN.

CORRECT. SO SAY THAT THERE'S A COMPONENT ADDED TO IT THEN.

ABSOLUTELY. THEN THAT WOULD BE WE WOULD VIEW THAT AS A NEW APPLICATION IF IT MODIFIES THE EXISTING AGREEMENT IN SOME WAY.

IF IT'S COMING BACK BEFORE YOU FOR ADDITIONAL CONSIDERATION, THERE WOULD BE A NEW FEE FOR THE FEES JUSTIFIED BECAUSE WE'VE GOT PERSONNEL WORKING ON IT.

I CAN SEE THAT, BUT JUST YEAH, JUST TO DO IT BECAUSE IT'S TIME.

I DON'T AGREE WITH THAT.

I'M GOOD WITH IT.

I'M GOOD WITH THE PROCESS.

ANYBODY ELSE? AND THE PURPOSE, MR. MAYOR, IS TO WE DIDN'T HAVE ANYTHING WRITTEN OR ANYTHING ON THESE AGREEMENTS, AND IT'S KIND OF JUST TO PUT THEM ALL TOGETHER AND LET US HAVE SOME SORT OF CONTROL OVER THEM.

SO AS FAR AS THE OLD TOWN STANDARDS BOARD THAT WERE THEY WANTING ADDITIONAL MEMBERS, THE ARCHITECT AND DESIGN PROFESSIONAL, THEY WEREN'T OPPOSED TO THAT IDEA AT ALL.

COUNCILMAN RUSSELL, I THINK IN THE DISCUSSION AMONGST THEMSELVES THEY BELIEVE THERE'S SOME CREDENCE IN HAVING THAT PARTICULARLY AS WE START GETTING INTO OTHER AREAS OF DESIGN.

THEY ADMIT THAT THEY ARE NOT SUBJECT MATTER EXPERTS IN THAT FIELD, EVEN THOUGH THEY HAVE BEEN DOING A GREAT JOB, BUT AS WE PUT THIS INTO IF THIS GOES INTO EFFECT I SUSPECT THAT THERE ARE GOING TO BE NECESSARY CHANGES TO MAKE SURE THAT THERE'S ENOUGH STANDARDS THERE THAT THEY CAN HANG THEIR HAT ON FOR THESE IMPROVEMENTS.

OKAY. I'M NOT OPPOSED TO ADDING TO THAT BOARD IF THEY IF THEY NEED IT.

THE ISSUE IS THAT I DON'T HAVE ANY OF THAT EXPERIENCE AND I RELY ON YOU ALL, AND THEN JUST LOOKING AT MY OWN PERSONAL OPINION, BUT AND IT'S HARD TO FILL THOSE SPOTS.

I KNOW IN SOME OF THESE OTHER COMMITTEES THAT WE HAVE A SPECIFIC LIKE ELECTRICIAN AND THEN AND THEN TO FILL IT WITH THAT PARTICULAR PERSON, BUT I GUESS IT DOESN'T AFFECT THEY DON'T HAVE QUORUM REQUIREMENTS OR MAYBE NOT LET IT AFFECT THEIR QUORUM IN CASE THAT IF WE GET SOMEBODY ON THERE, BUT I MEAN, IF THEY NEED THE HELP, I DON'T HAVE A PROBLEM INCREASING THAT BOARD.

ANOTHER THOUGHT I HAD ON THAT WAS THAT NOT NECESSARILY CHANGING THE MAKEUP OF THE OLD TOWN REVIEW COMMITTEE, BUT TO GIVE THEM ACCESS TO A CONSULTANT WITH ARCHITECTURAL CREDENTIALS THAT COULD ADVISE THEM ON CALL AS TO WHETHER AN APPLICATION IS CONSISTENT WITH THE GOALS OF THE COUNCIL AND THE OTS, WHATEVER IT'S CALLED, OLD TOWN COMMITTEE.

DID YOU GET THAT RIGHT? YOU'RE IN THE RAILROAD.

YOU'RE GOOD WITH THAT. THAT WOULD PROBABLY BE BETTER.

I THINK IT'D BE EASIER TO DO.

SURE, BUT FOR THAT THEY WOULD NEED A BUDGET TO PAY THE EXPENSES, AND WE COULD VOTE THAT AS A SEPARATE ITEM OR WHATEVER YOU WANT TO DO. WE CAN ALSO INCORPORATE THAT INTO THE DEVELOPMENT BUDGET, TONY'S DEPARTMENTAL BUDGET AS WELL.

[02:05:03]

SO IF NEEDED, INTO PROFESSIONAL SERVICES.

GRANDFATHERED. I DON'T SEE ANY REASON TO BRING THEM BACK AND GO THROUGH THIS ALL OVER AGAIN.

ABSOLUTELY. YOU OKAY? I DO LIKE THE ANNUAL REVIEW JUST WHERE WE HAVE WHERE YOU ALL VERIFY THAT THE INSURANCE IS IN PLACE AND EVERYTHING, AND THEN IT'S KIND OF A JUST WHAT DO YOU ALL THINK ABOUT THE PROCEDURE, THIS MIDDLE QUESTION HERE ABOUT GETTING A GENERAL BRIEFING AT ONE MEETING AND THEN AN ACTUAL ACTION ITEM ON THE NEXT MEETING OR A SUBSEQUENT MEETING KIND OF GIVES YOU TWO BITES OF THE APPLE.

YOU GET A CHANCE TO WEIGH IN ON IT PRIOR TO AN ACTUAL VOTE BEING TAKEN.

IS THAT IF THAT'S THE WAY I'M PERCEIVING THIS, IT'S ALMOST LIKE A FIRST AND SECOND READING, BUT ACTUALLY, THERE'S NO VOTE THE FIRST TIME.

GIVES THE I GUESS.

I GUESS IT GIVES THE APPLICANT TIME TO TWEAK THE APPLICATION OR, YOU KNOW, I AGREE WITH YOU.

YOU KNOW, THERE'S A LOT OF TIMES WE TALK ABOUT STUFF AND THEN YOU KIND OF GO, OH YEAH, IT GIVES US A CHANCE TO GO DOWN AND TALK TO THE BUSINESSES AND SEE WHAT THEY'RE DOING AND THINGS OF THAT. I LIKE THE SECOND READING.

HOW ABOUT YOU ALL HAVE IT AND THEN THE PLAN.

IT'S ONLY ON A NEW ITEM OR A SIGNIFICANT CHANGE THAT IT WOULD EVEN BE ON A GENERAL IN THE FIRST PLACE.

RIGHT? SO, YOU KNOW, ONE WAY THAT WE COULD HANDLE THAT IS ESSENTIALLY GIVE YOU WHAT AMOUNTS TO AN INFORMATIONAL REPORT ON ONE MEETING AND THEN AN ACTION ITEM FOR THE NEXT MEETING.

SO I WOULDN'T CALL IT A SECOND READING PER SE.

I WOULD CALL IT WE GIVE YOU A REPORT WITH ALL THE INFORMATION, AND THEN YOU CAN TAKE ACTION THE FOLLOWING MEETING IF THAT MEETS YOUR NEEDS.

I GUESS STAFF CAN USE THEIR OWN JUDGMENT AS TO WHETHER THAT SHOULD BE A CONSENT ITEM, OR WHETHER THERE ARE SUBSTANTIAL CHANGES.

YES. THE FIRST TIME AND THE SECOND TIME.

SO YOU CAN DECIDE WHETHER IT'S A CONSENT ITEM OR NOT.

UNDERSTOOD. TONY, I GUESS THAT NOW BRINGS US TO THE ESCROW.

YES. YES.

THAT'S A PRICKLY PEAR, AS YOU MIGHT WELL IMAGINE.

THERE IS QUITE A BIT OF INVESTMENT BEING DONE BY SOME BUSINESS OWNERS THAT'S TAKING PLACE IN THE PUBLIC REALM AND THE RIGHT OF WAY, AND SO IN THE EVENT THAT A BUSINESS LEAVES AND THE CITY FINDS ITSELF RESPONSIBLE FOR REMOVING IMPROVEMENTS THAT ARE IN THE RIGHT OF WAY WHAT ARE YOUR THOUGHTS WITH REGARD TO ESCROWING A FUNDS.

HOW WOULD YOU LIKE TO HAVE US CONSIDER THAT WE CAN GET A PERCENTAGE OF THE HARDSCAPE IMPROVEMENTS? I KNOW THAT THE COMMITTEE WE BROACHED THIS ISSUE.

I DON'T KNOW IF WE ACTUALLY GOT FULL RESOLUTION, BUT I THINK IT'S A VERY CRITICAL QUESTION TONIGHT.

HOW WE MIGHT WANT TO ADDRESS THAT.

MAYOR, COUNCIL, I THINK WHAT I WOULD SAY IS THAT I THINK IN OUR DISCUSSIONS WITH THE COMMITTEE, THE PRIMARY CONCERN WAS IF THERE'S AN IMPROVEMENT TO THE RIGHT OF WAY THAT DAMAGES IT IN SOME WAY, THE PRIMARY CONCERN WAS RESTORING IT BACK TO ITS ORIGINAL CONDITION SHOULD THE USE CEASE.

WE TALKED ABOUT, YOU KNOW, BONDS OR OTHER SURETIES.

I THINK, YOU KNOW, A RECOMMENDATION THAT COULD BE REASONABLE IF THIS IS A CONCERN OF THE FULL COUNCIL, IS TO SIMPLY HAVE A CASH ESCROW, AND THE AMOUNT THAT IS TO RESTORE IT BACK TO THE ORIGINAL CONDITION.

WE COULD HAVE QUOTES THAT WERE PROVIDED AT TIME OF APPLICATION, THAT COULD BE REVIEWED BY PUBLIC WORKS TO DETERMINE IF THEY'RE IN REASON, AND THEN THAT COULD SET THE DOLLAR VALUE.

THAT'S AN OPTION, BUT WHAT WE TALKED ABOUT IS THE COST TO THE CITY.

TO GO BACK TO THE ORIGINAL IS NEGLIGIBLE, RIGHT? BECAUSE YOU'RE JUST DEPENDING ON THE IMPROVEMENT, RIGHT? I GUESS. YEAH.

YEAH, IT'S DEPENDENT UPON THE IMPROVEMENT.

RIGHT. SO IF YOU'RE TALKING ABOUT ASPHALT PARKING SPOTS OR SOMETHING LIKE THAT, I MEAN, GOING IN AND REPAIRING THOSE IS IS SMALL IN THE BIG PICTURE, BUT IF WE'RE TALKING ABOUT LARGE IMPROVEMENTS, WE HAVE TO TAKE DOWN STRUCTURES.

WE HAVE TO DO DIFFERENT THINGS.

THE COST COULD BE, YOU KNOW, SIGNIFICANTLY MORE, BUT AGAIN, IS THIS IT DEPENDS ON THE USE.

RIGHT. OKAY. IS THIS ON THE BUSINESS OWNER OR THE OWNER OF THE BUILDING.

YOU KNOW, IF THE OWNER OF THE BUILDING.

YEAH THAT SHOULDN'T BE.

YOU'RE HAVING THE BUSINESS PUT AN ESCROW ACCOUNT IN.

I DON'T KNOW WHAT KIND OF DOLLAR AMOUNTS ARE WE LOOKING AT? I MEAN, THE BUILDING ITSELF IS GOING TO BE ON THE OWNER AWNING HANGING OFF OF IT.

IT'S ATTACHED TO A PERMANENT STRUCTURE.

[02:10:01]

IS THAT OURS? IT SHOULD BE, BUT WHERE DO WE DRAW THE LINE ON THIS? SO YOU'VE GOT PRIVATE IMPROVEMENTS WITHIN THE PUBLIC RIGHT OF WAY, AND YOU HAVE AN APPLICANT WHO MAY OR MAY NOT BE THE BUILDING, THE OWNER OF THE ACTUAL BUILDING, BUT WITH THE NEW APPLICATION PROCESS, WE WANT TO GET BOTH SIGNATURES.

WE MAY SAY IT NEEDS TO BE PARTY X, BUT IF THEY HAVE AN AGREEMENT THAT YOU'RE GOING TO PAY FOR IT BECAUSE YOU'RE THE ESTABLISHMENT ASKING FOR IT AND YOU'RE MAKING IMPROVEMENTS TO MY BUILDING, I THINK THAT FROM THE PERSPECTIVE OF THE CITY I DON'T KNOW IF WE'RE DRAWING A DISTINCTION. I CAN TELL YOU THAT OLD THE BREWERY IS THE BUSINESS, BUT NOT THE BUILDING OWNER, BUT WE'VE HAD DISCUSSIONS WITH BOTH, SO I THINK THAT'S A COUNCIL DECISION AS TO WHO YOU WANT TO HAVE LIABLE FOR ESCROWING OF FUNDS, WHETHER THAT'S THE PROPERTY OWNER OF THE BUSINESS OWNER. SO IF WE CREATE AN ESCROW, BUT WHAT'S THE DOLLAR AMOUNT COVER THAT, THAT TO ME THAT'S THE THAT'S THE MORE IMPORTANT. IT'S ULTIMATELY WHO SETS IT UP THAT CAN BE A POLICY DECISION, BUT IT'S THE AMOUNT THAT I THINK IS THE BIGGER TOPIC OF CONVERSATION.

WE'RE LIKE A HOG WHEN YOU GO IN THERE AND SAY, YOU NEED TO PUT $10,000 IN AN ESCROW ACCOUNT, WELL, I THINK MY RECOMMENDATION WOULD BE IT'S GOING TO VARY BASED ON THE IMPROVEMENT MADE, BECAUSE IF THE POLICY IS BRING IT BACK TO THE ORIGINAL CONDITION, THE ESCROW COULD BE VERY MINOR IN NATURE.

YOU COULD ACTUALLY ESTABLISH A THRESHOLD OF, YOU KNOW, IF IT'S LESS THAN $1,000, WE DON'T NEED AN ESCROW.

IF IT'S MORE, THEN WE WANT TO SEE QUOTES TO RESTORE IT AND THAT ARE APPROVED BY PUBLIC WORKS, BUT AGAIN, THAT'S A THAT'S AN OPTION FOR YOU TO CONSIDER.

AT THE END OF THE DAY, IT, YOU KNOW, ULTIMATELY IS IS THERE A CONCERN ABOUT RESTORING BACK TO THE ORIGINAL CONDITION? I THINK THAT'S THE QUESTION.

I MEAN, I DON'T SEE AN EASY WAY THAT A CASH ESCROW FUND COULD HAVE.

FUNDS ARE GOING TO COME IN AND WE CAN'T DO ANYTHING WITH, AND WE'RE GOING TO BE KEEPING UP WITH IT RECORD KEEPING FOR AN INDEFINITE AMOUNT OF TIME TO HEAD OFF THE POTENTIAL PROBLEM THAT, FIRST OF ALL, THE BUSINESS MAY GO AWAY.

THEN WE HAVE TO DO SOMETHING, DEMOLISH IT, AND RETURN IT BACK TO ITS ORIGINAL LIST.

SO FAR FETCHED, I'M KIND OF THINKING NO ON ANY OF IT.

I AGREE, BECAUSE I MEAN, WE'VE ALREADY WE JUST TALKED ABOUT GRANDFATHERING AND NOW YOU'RE GOING TO COME BACK AND SAY, OH BY THE WAY, WE NEED FIVE GRAND.

THE ADMINISTRATIVE BURDEN TO DO IT MAY BE MORE THAN THE RISK.

MORE THAN THE RISK. YEAH.

SO THE GOAL IS TO PUT ALL THESE TO WHERE WE CAN MANAGE THEM BECAUSE WE HAVE NOTHING, AND SO WE'RE JUST I THINK WE'RE ON THE RIGHT TRACK.

LET'S NOT DO ESCROW.

NO ESCROW. YOU DON'T HEAR NO COMPLAINT FROM STAFF ON THAT.

SO. NO, BECAUSE I OWN ONE OF THOSE BUILDINGS DOWN THERE.

ARE THERE ANY OTHER QUESTIONS OF STAFF? MAYOR AND COUNCIL OR OBSERVATIONS? NOT OBSERVATIONS, DIRECTION, EXCUSE ME.

OTHER THAN THANK YOU.

YES. YES, SIR.

WE WILL BE ABLE TO GET THIS TURNED AROUND.

I THINK I HAVE UNTIL MAYBE TOMORROW TO GET THIS TURNED AROUND, BUT WE WANTED TO MAKE SURE WE GOT ALL THE UP TO DATE CHANGES AND EVERYTHING.

IF IF IT'S DELAYED BEYOND MARCH, WE'LL HAVE TO TALK TO MR. LUDWIG ABOUT THAT, JUST MAKING SURE WE CAPTURE EVERYTHING, BUT THE INTENT IS TO TURN IT AROUND VERY FAST FOR YOU.

OKAY. MARCH 18TH SEEMS AWFUL AGGRESSIVE FOR WHAT YOU HAVE TO DO, BUT IF YOU CAN DO IT, THAT WOULD BE FINE.

WE WILL MAKE SURE THAT THE ORDINANCE IS ACCURATE, AND WE'LL WE'LL LEAN ON THE SIDE OF ACCURACY OVER EXPEDIENCY, BUT I THINK IF NOT THE 18TH, I THINK A FIRST READING IN APRIL WAS VERY REALISTIC.

SO. THANK YOU.

THANK YOU, MAYOR AND COUNCIL.

THAT BRINGS US TO SECTION NINE, CITY COUNCIL REQUEST FOR FUTURE AGENDA ITEMS OR REPORTS.

MADAM. WE'RE GOOD.

OKAY. THAT BRINGS US TO SECTION TEN EXECUTIVE SESSION.

[10. RECESS INTO EXECUTIVE SESSION]

THERE IS A NEED FOR EXECUTIVE SESSION TONIGHT IN ACCORDANCE WITH CHAPTER 5.51 OF THE TEXAS GOVERNMENT CODE, THE CITY COUNCIL WILL CONVENE INTO EXECUTIVE SESSION IN THE COUNCIL WORK ROOM IN CITY HALL TO CONDUCT A CLOSED MEETING.

THEY WILL CONVENE PURSUANT TO SECTION 551.071, 551.072 AND

[02:15:08]

551.087. IS THERE A MOTION TO GO INTO EXECUTIVE SESSION? SO MOVED.

SECOND. MOTION BY ADAM.

A SECOND BY LARRY. PLEASE VOTE.

PASSES, WE WILL GO INTO EXECUTIVE SESSION AT 9:04.

IS THERE A MOTION TO RECONVENE? ONE MORE. PAY ATTENTION.

I GOT A MOTION BY ADAM, A SECOND BY LARRY.

PLEASE VOTE.

PASSES UNANIMOUS.

WE'RE BACK IN SESSION AT 10:10.

IS THERE A MOTION TO ADJOURN? LARRY AND ADAM, AND WE'RE OUT OF HERE AT 10:10.

* This transcript was compiled from uncorrected Closed Captioning.