8.C. Receive a report, hold a discussion, and provide staff direction regarding public engagement for the potential implementation of a stormwater utility and fee. (Staff Contact: Errick Thompson, Director of Public Works)

[8.C. Receive a report, hold a discussion, and provide staff direction regarding public engagement for the potential implementation of a stormwater utility and fee. (Staff Contact: Errick Thompson, Director of Public Works)]

THE PUBLIC HERE ON AN ITEM THAT IS UNDER REPORTS AND PRESENTATION, WHICH IS VERY FAR DOWN THE AGENDA HERE.

WE CONSIDER MOVING THIS ITEM UP IF THERE'S NO OBJECTIONS.

WE'D LIKE TO MOVE UP FROM SECTION 8, REPORTS AND PRESENTATIONS 8C.

THAT'S TO RECEIVE A REPORT, HOLD A DISCUSSION, AND PROVIDE STAFF DIRECTION REGARDING PUBLIC ENGAGEMENT FOR THE POTENTIAL IMPLEMENTATION OF A STORM WATER UTILITY AND FEE.

THE STAFF PRESENTER THIS EVENING IS ERRICK THOMPSON, DIRECTOR OF PUBLIC WORKS, MR. THOMPSON.

GLAD I COULD SURPRISE YOU.

>> WELL, THANK YOU, MS. CAMPOS.

GOOD EVENING, MAYOR AND COUNCIL.

I'M HERE TO TALK ABOUT A TOPIC THAT HAS BEEN ON YOUR AGENDA FOR A GOOD PART OF THE LAST TWO YEARS, REALLY, AND BEYOND, BUT WE'VE GOT ABOUT A FOUR PART AGENDA.

I WANTED TO RUN THROUGH OVER THE NEXT TWO,

[00:25:02]

THREE HOURS, MAYBE, OR HALF HOUR.

BUT I INTENTIONALLY REFERRED TO THE STORMWATER UTILITY AS AN INITIATIVE FOR THE CITY BECAUSE IT'S REALLY BIGGER THAN JUST A SINGLE PROJECT OR A SINGLE EXPENDITURE OR SINGLE ACTION BECAUSE IT POTENTIALLY HAS A VERY BROAD AND SIGNIFICANT IMPACT ON THE OVERALL CITY, BOTH IN TERMS OF PUBLIC SAFETY AND THEN PROTECTING PUBLIC PROPERTY.

I THOUGHT IT WAS IMPORTANT TO BEGIN TONIGHT WITH A LITTLE BIT OF RECENT BACKGROUND AND THEN TO RECAP WHERE WE STAND TODAY.

THEN WE'LL TALK ABOUT WHAT'S REALLY BEEN OUR MAIN FOCUS OF THE LAST COUPLE OF MONTHS AND THAT'S BEEN COMMUNITY OUTREACH AND ENGAGEMENT.

WE'LL GIVE A LITTLE SUMMARY RECAP OF THAT EFFORT, AND THEN MOST IMPORTANTLY WE WANT TO SEEK YOUR DIRECTION FOR HOW WE MOVE FORWARD FROM THIS POINT.

I WANTED TO START WITH A LITTLE BIT OF A TRIP DOWN MEMORY LANE.

THIS AERIAL PHOTO ON THE LEFT IS PROBABLY A PRETTY FAMILIAR PART OF TOWN.

YOU'VE GOT I35 AND WILSHIRE DIVERGING OR COMING TOGETHER ON THE NORTH SIDE OF TOWN.

THIS PHOTO WAS TAKEN ABOUT 10 YEARS AGO, OCTOBER 2015.

I'LL LET THAT SIT THERE FOR JUST A SECOND BECAUSE YOU PROBABLY DON'T LOOK AT THE CITY FROM THAT, WELL, THE MAYOR PRO TEM WHEN HE'S FLYING OVER, BUT YOU PROBABLY DON'T SEE THE CITY FROM THIS PERSPECTIVE EVERY DAY, NOT FROM THE SCALE.

BUT THEN I'LL MOVE ALONG.

FAST FORWARD, PUSH MY MAGIC BUTTON, GO TEN YEARS FORWARD TO OCTOBER OF 2025.

ON THE RIGHT, IT'S THE SAME AREA, SAME SCALE, BUT YOU'LL NOTICE THAT I'VE HIGHLIGHTED SEVERAL DEVELOPMENTS THAT HAVE TAKEN PLACE OVER THAT LAST DECADE.

THOSE INCLUDE THINGS LIKE THE RES PLUMBING AND HVAC SUPPLY HOUSE.

I THINK THAT'S NUMBER 9.

YOU'VE GOT THE CHRIST CHAPEL BAPTIST CHURCH, NUMBER 1, I BELIEVE, THE REM AND OLD SOUTH PANCAKE THAT DEVELOPMENT AT RENFRO AND 35, DEPOT IN MAINE.

THAT'S NUMBER 7, AND OTHERS, EXPANSION OF VILLAGE CREEK PARKWAY.

TEN YEAR PERIOD, SAME AREA OF TOWN, A LOT OF NEW DEVELOPMENT.

I GUESS I SHOULD HAVE BROUGHT THOSE UP EARLIER.

A LITTLE BIT MORE AND THEN WE'LL GET INTO MORE SLIDES.

BUT ON THE LEFT, YOU'VE GOT, AGAIN, 10 YEARS AGO, OCTOBER OF 2015.

BUT NOW WE'RE LOOKING AT THE AREA OF WILSHIRE AND JOHN JONES, UPPER CENTER OF THAT PHOTO.

ON THIS ONE, I'LL JUST POINT OUT A LOT OF GREEN SPACE, IF YOU CAN SEE MY MOUSE THERE.

THIS IS JOHN JONES, WILSHIRE, KROGER IS THIS BIG RECTANGLE HERE.

A LOT OF GREEN SPACE SOUTH OF KROGER.

A LOT OF GREEN SPACE BEYOND THE SHANAN DOA TOWNHOMES AND THEN THE SHANNON CREEK HERE.

I PUSHED MY MAGIC BUTTON.

WE MOVE AHEAD 10 YEARS AGAIN.

NOW I DIDN'T IDENTIFY ALL THE DEVELOPMENTS IN THE PAST 10 YEARS, BUT I'VE HIGHLIGHTED IN DIFFERENT COLORS, SOME OF THE MORE SIGNIFICANT AREAS THAT HAVE BEEN DEVELOPED.

IF YOU JUST LOOK FROM RIGHT BACK TO LEFT, YOU CAN SEE, THERE'S A LOT OF UNDEVELOPED LAND THAT'S BECOME DEVELOPED.

NONE OF THIS IS A NEWS FLAST TO ANY OF YOU.

BURLESON HAS BEEN A VERY POPULAR PLACE AND A LOT OF GROWTH, NOT JUST THE LAST DECADE, BUT EVEN BEYOND.

HERE IS SOME NICE APARTMENTS TO THE BACK AND YOU'VE GOT SMALLER DEVELOPMENTS, A LOT OF SENIOR AND MEDICAL SERVICES IN THIS AREA.

MORE UPSCALE APARTMENTS HERE, COMMONS AND GREEN RIDGE.

A LOT OF DEVELOPMENT OVER THE PAST 10 YEARS AND SOME PEOPLE PROBABLY ARE THINKING, WELL, BUT EVERY TIME WE DEVELOP SOMETHING, THEY HAVE TO MEET ALL THESE NEW REQUIREMENTS.

YES, THEY HAVE REQUIREMENTS TO DEAL WITH THE DRAINAGE FROM THEIR DEVELOPMENTS.

BUT AT THE END, OFTEN THAT INVOLVES A DETENTION POND.

BUT THAT DETENTION POND WILL ALSO ULTIMATELY OUTFALL INTO THE CITY'S PUBLIC WATER SYSTEM.

[00:30:01]

THAT THE CITY IS STILL RESPONSIBLE FOR MAINTAINING.

WHILE DEVELOPMENT DOES ITS PART TO NOT MAKE THE EROSION PROBLEMS WORSE, THAT THING, THE RUNOFF STILL HAS TO END UP IN THE PUBLIC WATER SYSTEM AND STILL BE MAINTAINED.

I WON'T BELABOR THAT, BUT I JUST WANTED TO RECOGNIZE THAT WHILE THERE ARE REQUIREMENTS, IT DOESN'T TAKE THE RUNOFF AWAY.

NEXT, I WANTED TO GET INTO A HIGH LEVEL OVERVIEW.

I MENTIONED THE PUBLIC DRAINAGE SYSTEM.

THIS SLIDE IS A LITTLE BIT OF AN INFOGRAPHIC ON THE OVERALL DRAINAGE SYSTEM FOR BURLESON.

THERE'S OVER 11 MILES OF NATURAL CHANNELS AND OVER 28 COVERTS THAT NEED TO BE MAINTAINED.

WE'VE IDENTIFIED OVER $146 MILLION IN CAPITAL PROJECTS THAT ARE NEEDED.

GOOD PORTION OF THE CITY, ABOUT 13% IS IN FLOODPLAIN.

LIKE I MENTIONED BEFORE, NEW DEVELOPMENTS BRING MORE RUNOFF.

THAT RUNOFF, PICKS UP TRASH, DEBRIS, POLLUTANTS, OIL, WHATEVER AND USHERS IT RIGHT INTO THE NATURAL CREEKS.

YOU'RE PROBABLY AWARE THAT WE HAVE GROWING STATE AND FEDERAL REGULATIONS THAT TELL US HOW WE HAVE TO DEAL WITH THAT POLLUTION IN THE RUNOFF.

THAT'S JUST ANOTHER ASPECT OF THE PUBLIC DRAINAGE SYSTEM.

THE MAP OR THE GRAPHIC ON SLIDE 6 IS REALLY JUST TRYING TO SAY THAT OUR DRAINAGE PROBLEMS ARE ALL OVER THE CITY.

THERE'S NOT REALLY A SINGLE PART OF TOWN OR A SINGLE NEIGHBORHOOD THAT'S HAVING PROBLEMS, BUT OVER THIS 18 MONTH PERIOD REPRESENTED HERE.

THIS IS A HEAT MAP OF WHERE THE DRAINAGE RELATED COMPLAINTS OR SERVICE REQUESTS CAME FROM.

THE NEXT SEVERAL SLIDES ARE GOING TO GIVE SOME VISUAL EXAMPLES OF SOME OF WHAT I'M TALKING ABOUT WHEN I SAY DRAINAGE ISSUES OR NEEDS.

THIS LOCATION IS NEAR PARK RIDGE BOULEVARD.

THERE'S A LOT OF CONCRETE IN THIS CHANNEL THAT WAS PROBABLY NOT DESIGNED TO BE THERE.

I UNDERSTAND THAT INTENT BEHIND WHY WAS PROBABLY PUT THERE TO HELP SLOW EROSION AND THAT THING.

BUT THIS IS A PROBLEM THAT WE COULD USE SOME RESTORATION OF THE CHANNEL TO HELP RESTORE FLOW CAPACITY AND ADDRESS SOME OF THE EROSION.

THE CONCRETE BLOCKS WERE PLACED THERE BECAUSE OF EROSION, MOST LIKELY, BUT I THINK WE COULD IN A MORE STRUCTURED WAY CLEAN THAT UP.

THIS IS AN EXAMPLE.

ACTUALLY, THE NEXT TWO SLIDES WILL BE THE SAME LOCATION, BUT THIS IS A CHANNEL NEAR ASBURY, FIND MY MOUSE AGAIN, SOUTHWEST ASBURY AND JOHN JONES.

CREDIT UNIONS HERE, 711.

WALMART'S OFF THE PICTURE HERE.

I'VE HIGHLIGHTED IN YELLOW A NATURAL CHANNEL THAT MAKES A 90 DEGREE TURN AND BECOMES A CONCRETE CHANNEL BEFORE IT CROSSES UNDER ASBURY.

THEN THE PICTURE ON THE RIGHT IS JUST THE BLOW UP OF THIS SECTION.

THE CONCRETE CHANNEL ON THE RIGHT TURNS INTO A NATURAL CHANNEL AND GOES BACK TOWARDS 731.

THIS GRASSY SITE HERE IS ACTUALLY UNDER DEVELOPMENT RIGHT NOW.

>> WAS NOT ME. THIS NEXT SLIDE IS ARE THREE PHOTOS FROM DOWN IN THE CHANNEL.

ALMOST AT THE THIS INTERSECTION HERE. THE PHOTO ON THE LEFT.

THIS IS AT THAT INTERSECTION LOOKING BACK TOWARDS JOHN JONES.

IT'S THE NATURAL PORTION OF THE CHANNEL, SOMEWHAT OVERGROWN.

THE MIDDLE PICTURE SHOWS THE NATURAL CHANNEL IN THE BACKGROUND, AND YOU CAN SEE GROUTED RIP RAP AS THE SHORT TRANSITION, AND THEN IT BECOMES THE CONCRETE LINE CHANNEL FROM THAT POINT AROUND THE CURVE AND OUT TO ASBURY.

YOU'LL SEE A LOT OF VEGETATION HERE.

THIS IS PROBABLY NOT THE BEST PHOTO, BUT SOME OF THESE CONCRETE PANELS ARE BROKEN UP, AND SO THERE ARE GAPS AND VOIDS, WHICH ALLOWS SPACE FOR THE VEGETATION TO BE ABLE TO GROW.

IT ALSO ALLOWS AREAS FOR WATER TO POND, WHICH HELPS MAKE THE MOSQUITO ISSUE A LITTLE BIT WORSE.

[00:35:02]

THEN ALL THAT VEGETATION SLOWS DOWN OR REDUCES THE CAPACITY OF THE CHANNEL TO CONVEY THE WATER IT'S SUPPOSED TO.

WE HAD SOME CONTRACTORS COME OUT AND LOOK AT THIS AT A VERY HIGH LEVEL, JUST TO GIVE US AN IDEA, WHAT WOULD IT TAKE TO ADDRESS ALL OF THIS AND THOSE COSTS ARE EXCEEDING 300,000.

SHADY OAK DRIVE. THIS IS A RECENTLY COMPLETED PROJECT.

YOU SEE ON THE LEFT, THE BROKEN UP NATURAL OR A CONCRETE LINE CHANNEL OVER ON THE RIGHT, NICE NEW CONCRETE TO RESTORE THE FUNCTION.

THAT WAS APPROXIMATELY $70,000.

ANOTHER EXAMPLE, SOUTH HURST ROAD.

THIS IS BETWEEN HIDDEN CREEK AND CARDINAL RIDGE, HAD A LOT OF EROSION ON THE ROADSIDE DITCH, SO STAFF HAS COME IN AND PLACE SOME STONE TO HELP STABILIZE THE CHANNEL, SLOW DOWN EROSION.

THEN WE ALSO, CREATED A SECOND WAY FOR WATER TO GET FROM THE DITCH ITSELF BESIDE THE ROAD OFF TO THE LARGER CHANNEL THAT'S A LITTLE TO THE EAST.

THIS IS WHAT WE WOULD CALL A RELATIVELY TEMPORARY BAND AID.

IT'S NOT THE PERMANENT SOLUTION, BUT AS THE EXTENT OF IMPROVEMENT WE COULD MAKE TO TRY TO MAKE IT A LITTLE BIT BETTER UNTIL THERE ARE RESOURCES FOR US TO BE ABLE TO REALLY DO A PERMANENT PROJECT THERE.

THIS IS THE LAST EXAMPLE FOR THIS SECTION.

THIS IS NEAR WARREN PARK AND SOUTHWEST JOHNSON AVENUE.

THIS IS MORE OF A ROUTINE MAINTENANCE ACTIVITY.

ON THE LEFT, YOU SEE A LOT OF DEBRIS AND VEGETATION.

IT'S JUST KIND OF BUILT UP OVER TIME, BASICALLY BLOCKING THE FLOW FOR THE CULVERTS THAT WOULD GO UNDER JOHNSON OVER ON THE RIGHT.

AFTER ABOUT A WEEK AND A HALF OF WORK, ALL OF THAT MATERIAL WAS TRUCKED OFF.

BURLESON NOT A UNICORN IN THIS REGARD.

THIS MAP ON SLIDE 13 IS A MAP OF THE REGION.

YOU'VE GOT [INAUDIBLE] UP HERE, MCKINNEY, DALLAS, LANCASTER, MANSFIELD, ARLINGTON, FORT WORTH.

BURLESON IS RIGHT HERE.

JOSHUA, CLEVEN WEATHERFORD.

ALL THOSE AREAS IN BLUE ARE CITIES THAT HAVE ADOPTED STORM-WATER UTILITIES.

AS A MEANS OF PROVIDING A DEDICATED FUNDING SOURCE FOR DEALING WITH DRAINAGE ISSUES.

I'LL NOTE THIS SMALL NOTE ON THE LOWER LEFT, RELATIVELY SMALL, BUT I THINK IT'S PRETTY IMPORTANT.

I OFTEN GET THE QUESTION ABOUT, WELL, HOW DOES THIS COMPARE TO PICK A CITY? THAT'S NOT AS EASY TO ANSWER AS I WOULD EVEN LIKE IT TO BE, BECAUSE EVERY CITY IS DIFFERENT.

IT'S GOT ITS OWN NEEDS, ITS OWN SIZE, ITS OWN SET OF PROBLEMS, ITS OWN PROPERTY BASE.

EVERY CITY MAKES THEIR OWN DECISIONS ABOUT HOW THEY'RE GOING TO STRUCTURE THEIR FEE.

STATE LAW IS RELATIVELY STRAIGHTFORWARD AND JUST SAYS THAT FOR THE MOST PART, IT NEEDS TO BE EQUITABLE, AND THEN THE FUNDING IS DEDICATED TO DRAINAGE USES.

BUT THEN BEYOND THAT, THERE'S SOME LEEWAY.

CITIES CAN DECIDE HOW THEY WANT TO DO IT.

MOST HIRE A CONSULTANT, SUCH AS BURLESON DID EARLIER THIS YEAR, TO COME UP WITH OPTIONS AND RECOMMENDATIONS.

IT'S EASY TO THROW UP A MAP TO SAY, HERE ARE ALL THE OTHER PLACES THAT HAVE IT.

IT'S MUCH MORE CHALLENGING TO SAY, AND HERE'S HOW THEY COMPARE.

YOU'LL SEE IN A FEW SLIDES THAT WE'VE BROUGHT TO YOU AND YOU'VE DIRECTED US TO MOVE FORWARD WITH THIS THREE TIERED RESIDENTIAL STRUCTURE.

WELL, SOME CITIES HAVE ONE FLAT FEE FOR ALL RESIDENTIAL.

SOME HAVE FIVE TIERS INSTEAD OF THREE.

SOME HAVE FOUR INSTEAD OF THREE OR FIVE.

IT REALLY IT VARIES BY CITY.

EVERY CITY IS GOING TO DO ITS OWN ANALYSIS AND COME UP WITH WHAT IT THINKS WORKS BEST FOR THAT PARTICULAR CITY.

GOING BACK TO BEGINNING OF THIS YEAR, YOU AUTHORIZED THE CONTRACT WITH FREEZE AND NICHOLS TO DO ALL THE ANALYSIS WORK TO GET US TO WHERE WE ARE NOW.

IN MAY, THE RESULTS OF THAT ANALYSIS WAS PRESENTED TO INFRASTRUCTURE DEVELOPMENT.

THEN LATER TO THE FULL CITY COUNCIL, AND ANOTHER SLIDE, WE'LL TALK ABOUT RECOMMENDATIONS FROM THE COMMITTEE AND DIRECTION FROM THE COUNCIL THAT CAME OUT OF THAT.

[00:40:01]

OCTOBER, NOVEMBER AND EVEN DECEMBER, WHERE IN THE PUBLIC OUTREACH AND ENGAGEMENT PROCESS.

WE'LL TALK MORE ABOUT THAT IN SEVERAL SLIDES.

THEN WE'RE GIVING YOU THIS UPDATE TODAY.

THE I&D COMMITTEE PROVIDED RECOMMENDATIONS TO CITY COUNCIL BACK IN MAY, AND THEN THE FOLLOWING WEEK, CITY COUNCIL PROVIDED THE DIRECTION SHOWN ON THE RIGHT.

THROUGHOUT THE COMMUNITY OUTREACH PROGRAM OR A PHASE OF THE PROJECT OR THE INITIATIVE.

WE'VE POINTED OUT THAT, THIS HAS NOT BEEN A NEW DISCUSSION THAT JUST BEGAN IN JANUARY, ALL OF 2024, FOR THE MOST PART, CITY COUNCIL HAS HAD SUBSTANTIAL DISCUSSIONS ON THIS TOPIC, AND IT EVEN GOES BACK AT LEAST ANOTHER DECADE PRIOR TO 2024.

IT'S NOT A NEW TOPIC, BUT HERE WE ARE.

AGAIN, THE PRELIMINARY PROGRAM THAT WAS DEVELOPED CONSISTENT WITH THE COUNCIL DIRECTION BACK IN MAY WOULD GENERATE APPROXIMATELY 4 MILLION A YEAR, AND THAT INCLUDES A SIGNIFICANT CAPITAL IMPROVEMENT PROGRAM FOCUSED ON DRAINAGE.

OVER THE NEXT FEW SLIDES, I'LL RECAP HOW THE FEES ARE PROPOSED TO BE ESTABLISHED.

THE FEE IS IMPERVIOUS AREA BASED, AS IN ALL THE CHARGES, HAVE TO TIE BACK TO AN IMPERVIOUS AREA BASED ON HOW WE'VE SET THIS UP.

FREEZE AND NICHOLS, CITY'S CONSULTANT, AND CITY STAFF ANALYZE ALL 17,589 PROPERTY PARCELS THAT MAKE UP THE CITY OF BURLESON TO ASSESS HOW MUCH IMPERVIOUS AREA EACH INDIVIDUAL PROPERTY CONTAINED.

THE GRAPHIC ON THIS SLIDE GIVES YOU AN ILLUSTRATION FOR AN EXAMPLE RESIDENTIAL PROPERTY.

THAT TOTALS ABOUT 3,600 SQUARE FEET OF IMPERVIOUS AREA, AND IT'S BROKEN OUT INTO THOSE SEVERAL CATEGORIES OF AREAS.

THE AREA UNDER ROOF, THAT'S THE 1990 SQUARE FEET.

THERE'S AN ATTACHED GARAGE THERE IN ONE SHADE OF GREEN.

IT'S 450 SQUARE FEET.

WE'VE GOT A CONCRETE WALKWAY OUT TO THE SIDEWALK.

THAT'S ANOTHER 80 SQUARE FEET.

THE DRIVEWAY IN BLUE, 360, AND SO ON, FOR A TOTAL OF 3,600 SQUARE FEET.

DATA FROM OVER 14,000 SO 14,000 OF THE 17,000 PLUS PARCELS ARE RESIDENTIAL.

THERE WAS A CLOSER LOOK AT THE 14,000 RESIDENTIAL PROPERTIES TO DETERMINE WHAT'S THE AVERAGE RESIDENTIAL PROPERTY IN BURLESON IN TERMS OF IMPERVIOUS AREA? THAT TURNED OUT TO BE 3,500 SQUARE FEET OF IMPERVIOUS AREA.

HAS NO THERE'S NO REGARD TO HOW LARGE THE OVERALL PROPERTY IS.

YOU COULD BE ON A 20 ACRE PARCEL, BUT YOU COULD STILL ONLY HAVE 2000 OR 3,500 SQUARE FEET OF IMPERVIOUS AREA.

IT'S THE IMPERVIOUS AREA THAT'S USED TO DRIVE THE FEE CALCULATION.

THE COUNCIL DIRECTION INCLUDED HAVING A TIERED RATE STRUCTURE.

I THINK EARLIER, I MENTIONED THAT WE HAVE THREE TIERS SHOWN.

THE CONSULTANTS HAVE BASICALLY DIVIDED THOSE ALL THE RESIDENTIAL PROPERTIES AND BY RESIDENTIAL.

IN THIS CONTEXT, THAT MEANS SINGLE FAMILY RESIDENTIAL HOUSE.

IF IT'S A DUPLEX OR AN APARTMENT OR ANYTHING ELSE OTHER THAN A SINGLE FAMILY RESIDENTIAL, IT'S CONSIDERED NON RESIDENTIAL FOR PURPOSES OF THESE FEES.

OF ALL THE SINGLE FAMILY PROPERTIES, THE SMALLEST 10% BY IMPERVIOUS AREA WOULD PAY 504 A MONTH.

THE MIDDLE, ABOUT 80% OF ALL THE SINGLE FAMILY RESIDENTIAL PROPERTIES WOULD PAY EIGHT PER MONTH.

THEN THE LARGER 10% WOULD PAY LITTLE OVER 15.

OVERALL, ABOUT 90% OF RESIDENT SINGLE FAMILY RESIDENTIAL PROPERTIES WOULD PAY $8 OR LESS PER MONTH, BASED ON THE PRELIMINARY FEE STRUCTURE.

I WANT TO TALK A LITTLE BIT ABOUT HOW WE WOULD BUILD THE FEE, SHOULD IT BE ADOPTED.

THE PRELIMINARY OR THE VAST MAJORITY OF PROPERTIES WE ANTICIPATE BEING BILLED ON THEIR NORMAL EXISTING UTILITY BILL.

THAT'S FAIRLY STRAIGHTFORWARD FOR RESIDENTIAL, BUT FOR SUBMERSE NON RESIDENTIAL OR COMMERCIAL PROPERTIES, IT CAN BECOME A LITTLE BIT MORE CHALLENGING

[00:45:02]

BECAUSE SUBMITTER MEANS THERE ARE MULTIPLE WATER METERS ON THAT PROPERTY.

THINK OF A SHOPPING MALL OR STRIP MALL RETAIL CENTER.

THERE THE INTENTION WOULD BE THAT WE WOULD DISTRIBUTE THE BILL ACROSS THE WATER ACCOUNTS THAT MAKE UP THE OVERALL PROPERTY.

I'M PROBABLY OVERSIMPLIFYING IT NOW, BUT THIS WILL BE SOMETHING THAT WE'VE SPENT A LOT MORE TIME WITH IN THE BILLING INTEGRATION PHASE IF WE WERE TO ACTUALLY HAVE AN ORDINANCE ADOPTED TO CREATE A UTILITY.

THEN ALL THAT VERBIAGE AT THE BOTTOM IS REALLY TRYING TO POINT OUT THAT NOT ALL BURLESON RESIDENTS HAVE CITY WATER.

WE HAVE AT LEAST TWO OTHER WATER SERVICE PROVIDERS THAT SERVE BURLESON RESIDENTS.

BUT WE HAVE AGREEMENTS WITH THOSE PARTNERS NOW TO BILL FOR SOLID WASTE COLLECTION AND THE WASTEWATER IF WE PROVIDE THE WASTEWATER.

WE WOULD ANTICIPATE, AGAIN, IN THAT BILLING INTEGRATION PHASE THAT WE WOULD ALSO UPDATE THE AGREEMENTS WITH EACH OF THOSE SERVICE PROVIDERS SO THAT THE STORM WATER UTILITY COULD BE ADDED AS ANOTHER LINE ITEM ON THAT BILL.

THE WHOLE INTENT THERE IS NOT TO CREATE A WHOLE NEW BILLING SYSTEM AND INFRASTRUCTURE THAT WOULD JUST ADMINISTRATIVELY MORE WHEN WE ALREADY HAVE SYSTEMS IN PLACE THAT COULD BE RELATIVELY EASILY AMENDED.

NOW, I'LL MOVE ON TO HIGH LEVEL OVERVIEW OF THE EXTENSIVE OUTREACH CAMPAIGN OF THE LAST COUPLE OF MONTHS.

HERE YOU SEE THE VARIOUS TARGET AUDIENCES THAT WE REACHED OUT TO ALL THE SOCIAL MEDIA ACTIVITY AND THE EXTENSIVE COMMUNICATION CHANNELS THAT WERE USED TO GET THE WORD OUT ABOUT THE INITIATIVE OVERALL.

I HAVE TO POINT OUT THAT THIS WORK WAS SPEARHEADED BY THE CITIES.

SHE GAVE ME A AWARD WINNING COMMUNICATIONS TEAM THAT REACHED OVER 26,000 PEOPLE.

IT'S A BUSY SLIDE WITH A LOT OF THINGS ON IT, BUT THE WHOLE INTENT WAS TO TRY TO GET THE WORD OUT TO EVERYBODY THAT WE COULD.

EVERYBODY WHO WANTED TO LISTEN THAT THIS WAS SOMETHING BEING DISCUSSED.

NEXT SLIDE GIVES YOU A FEW EXAMPLES OF SOME OF THE GRAPHICS FROM THAT.

THESE ARE IN THE LOWER MIDDLE YARD SIGNS USED TO PUBLICIZE THE TOWN HALL MEETING THAT WAS FOR THE GENERAL PUBLIC.

OTHER OMAN ACTIVITIES.

WE ALSO HAD SOME TARGETED OUTREACH, SO STAFF HAD SEPARATE MEETINGS WITH OR SPECIAL MEETINGS, I'LL CALL THEM FOR THE SCHOOL DISTRICTS, JOHNSON COUNTY, AND FOR RELIGIOUS INSTITUTIONS ACROSS THE CITY.

THEN WE'VE GOT AT LEAST ONE MORE MEETING SCHEDULE WITH ONE OF THE ROTARY GROUPS.

THAT'S EARLY NEXT MONTH.

THAT WAS JUST THE EARLIEST WE COULD GET IN OR GET ON THEIR AGENDA.

BUT THEN STAFF, I WANT TO MAKE SURE I POINT OUT THAT STAFF REMAINS AVAILABLE FOR ANY ADDITIONAL ENGAGEMENT OR FOR OTHER GROUPS THAT MAY CARE TO HOST US TO HEAR MORE ABOUT THE INFORMATION.

A FEW SLIDES AGO, I TALKED ABOUT THIS ONLINE DRAINAGE SURVEY THAT WAS THAT WE LAUNCHED.

WE HAD PARTICIPATION FROM SEVERAL NEIGHBORHOODS AND AREAS ALL OVER THE CITY AS SHOWN ON THIS SLIDE 23 HERE.

>> A LITTLE MORE ABOUT THAT SURVEY.

ONE OF THE QUESTIONS WE ASKED WAS HOW WOULD YOU RATE THE DRAINAGE CONDITIONS IN YOUR NEIGHBORHOOD? THIS GRAPHIC GIVES YOU THE DISTRIBUTION OF THE RESPONSES RECEIVED.

I'LL POINT OUT A COUPLE OF THINGS THAT ONE, THERE WERE ONLY 50 PEOPLE OR THERE WERE 50 PEOPLE THAT RESPONDED AS IT RELATES TO WHAT THAT DISTRIBUTION OF THE RESPONSES MEANS.

I'M NOT REALLY HERE TO ADVOCATE ONE WAY OR THE OTHER.

I JUST WANTED TO COME AND RECAP WHAT WE RECEIVED FROM THE PUBLIC.

THE FULL SURVEY AND ALL THE RESPONSES TO IT ARE ATTACHED IN YOUR AGENDA ITEM INFORMATION.

IF YOU HAVE ANY QUESTIONS ON THAT, WE CAN CERTAINLY ENTERTAIN THOSE.

A FEW HIGH-LEVEL TAKEAWAYS FROM THE TOWN HALL.

AGAIN, THAT WAS NOVEMBER 10TH, HERE IN THE EVENING, RIGHT HERE IN THE COUNCIL CHAMBERS.

[00:50:07]

DESPITE ALL THAT OUTREACH, WE ONLY HAD 19 ATTEND THE MEETING AND MOST EXPRESSED APPRECIATION FOR THE INFORMATION.

BUT THERE REALLY WASN'T A CLEAR MAJORITY.

YOU CAN SEE THERE, OF THOSE THAT GAVE AN OPINION, THERE WASN'T AN OVERWHELMING NUMBER ONE WAY OR THE OTHER, EITHER IN SUPPORT OF OR IN OPPOSITION TO CREATING THE UTILITY.

WHEN IT CAME TO THE TARGETED ENGAGEMENT, BOTH SCHOOL DISTRICTS AND THE COUNTY APPRECIATED THE INFORMATION, APPRECIATED THE EARLY INVOLVEMENT AND UNDERSTOOD THE RATIONALE BEHIND WHY WE WOULD BE AT LEAST TALKING ABOUT HAVING A FEE.

EARLIER THIS MONTH, WE HAD A SPECIAL TOWN HALL FOR FAITH LEADERS.

I THINK ALL AROUND 30 PLUS RELIGIOUS INSTITUTIONS AND BURLESON WERE INVITED AND I THINK WE HAD REPRESENTATION FROM NINE.

AT A STAFF PRESENTATION THAT WENT OVER A LOT OF THE BACKGROUND INFORMATION, THE ANALYSIS TODAY TALKED ABOUT THE PRELIMINARY STRUCTURE AND WHAT THE FEES MIGHT LOOK LIKE.

TALKED ABOUT THE DIRECTION FROM COUNCIL BACK IN MAY.

THEN WE GAVE THEM A FEW EXAMPLES OF SPECIFIC CHURCH SITES OR RELIGIOUS INSTITUTION SITES AND WHAT THEIR PRELIMINARY FEE WOULD LOOK LIKE.

SINCE THEN, I THINK WE'VE HAD SOME EMAIL BACK AND FORTH WITH A NUMBER OF OTHERS TO GIVE THEM WHAT THEIR FEES WOULD LOOK LIKE AT THIS POINT.

WE ALSO REVIEWED THE TIMELINE, EXTENDED AN INVITATION FOR TONIGHT'S MEETING.

I THINK THERE MIGHT BE A COUPLE AT LEAST THAT TOOK US UP ON THAT INVITATION FOR TONIGHT, BUT THEN ALSO TALKED ABOUT THE POTENTIAL JANUARY 20TH PUBLIC HEARING, SHOULD WE GET THERE, AS ANOTHER OPPORTUNITY FOR THEM TO COME OUT AND MAKE THEIR VOICES KNOWN.

THE MEETING CONCLUDED WITH A FAIRLY ROBUST DISCUSSION, Q&A SESSION.

THE MAYOR WAS IN ATTENDANCE AND PARTICIPATED AND HELPED ANSWER [LAUGHTER] SOME OF THE QUESTIONS.

I THINK IN A FEW MINUTES, WE MAY HEAR FROM SOME OF THE ATTENDEES DIRECTLY ABOUT WHAT THEIR THOUGHTS MIGHT BE.

I'M ALMOST WRAPPING UP HERE.

TONIGHT, WE'RE LOOKING FOR COUNCIL DIRECTION REALLY ON THREE THINGS IN PARTICULAR, BUT ANY OTHER DIRECTION YOU'D LIKE TO GIVE, WE'D LOVE TO HEAR.

ONE, ARE THERE ANY ADJUSTMENTS THAT YOU MIGHT LIKE TO THE STRUCTURE THAT'S BEEN PRESENTED? WE'VE TALKED ABOUT TIERED RESIDENTIAL RATES, AND THEN EXEMPTIONS OR NOT EXEMPTIONS.

ANY ADJUSTMENTS TO THAT, WE'D LOVE TO HEAR IN RESPONSE TO NUMBER 1.

THEN NUMBER 2, I TALKED A LITTLE BIT ABOUT THE BILLING APPROACH.

WE DEFINITELY WANT TO USE THE UTILITY BILLING, SO IT WOULD BE BILL WITH THE WATER BILL, BUT BEYOND THAT, WE'VE ALSO TALKED ABOUT DIVIDING THE BILL AMONG TENANTS AT A SUB-METER COMMERCIAL OR NON-RESIDENTIAL PROPERTY.

IF THERE'S ANY FEEDBACK OR DIRECTION ON THAT, WE'D LOVE TO HEAR THAT AS WELL.

THEN THE BIGGER ONE, WELL, FROM MY PERSPECTIVE, I WON'T SPEAK FOR ALL STAFF, BUT TIMING.

SHOULD WE CONTINUE WITH IMPLEMENTATION NOW? THEN I'VE GOT ONE MORE SLIDE THAT'LL GET INTO WHAT THAT SCHEDULE LOOKS LIKE.

IT'S GOING TO BE A BUSY WEEK IF THAT'S THE DIRECTION.

DEPENDING ON WHAT OTHER FEEDBACK WE GET OR IF NO SIGNIFICANT CHANGES, THEN WE'VE GOT WORK TO DO THIS WEEK, BUT IT'S NOT UNREALISTIC WORK.

OPTION 3B WOULD BE THAT WE WOULD EXPAND AND CONTINUE THE COMMUNITY OUTREACH AND ENGAGEMENT, AND MAYBE EVEN HIRE A THIRD PARTY TO SEE IF WE CAN GET A MORE STATISTICALLY SIGNIFICANT SAMPLE SIZE.

AGAIN, WE HAD 50 PEOPLE THAT PARTICIPATED IN THE ONLINE SURVEY.

50/50+1,000, I'M GOING TO GO OUT ON A LIMB AND SAY THAT'S NOT STATISTICALLY SIGNIFICANT.

BUT AGAIN, WE ALSO REACHED OUT TO OVER 26,000 PEOPLE.

[00:55:03]

THAT COULD PROBABLY BE INTERPRETED A COUPLE DIFFERENT WAYS, AND I'LL LEAVE THAT TO OTHERS.

THEN 3C WOULD BE TO JUST TERMINATE THE PROCESS AND MAKE THE DECISION THAT WE'RE NOT GOING TO IMPLEMENT A UTILITY OR A FEE AT ALL.

I'LL GO TO MY NEXT SLIDE, AND THEN BACK UP ONE.

SHOULD YOU DECIDE TO CONTINUE NOW, HERE'S THE SCHEDULE THAT WE ANTICIPATE.

WE'D HAVE A POSTING NOTICE ON THURSDAY OR THE 18TH.

WE'VE GOT THINGS PRELIMINARILY SET UP TO GO TO THE PAPER TO BE PUBLISHED, AND THEN THIS IS A STATE LAW REQUIREMENT THAT WE'D NEED TO GET THAT OUT THIS WEEK FOR THIS WEEKEND IN ORDER TO BE COMPLIANT WITH THE JANUARY 20TH OR TO HAVE AMPLE NOTICE FOR THE JANUARY 20TH PUBLIC HEARING.

WE'D ALSO HAVE FIRST READING OF THE ORDINANCE ON THE 20TH OF JANUARY, FOLLOWED BY SECOND AND FINAL READING ON FEBRUARY 2ND.

THEN IF THE DIRECTION IS TO MOVE FORWARD, WE'D BEGIN THE BILLING INTEGRATION PHASE, WHICH WILL ALSO INCLUDE ADDITIONAL PUBLIC OUTREACH BECAUSE WE WANT TO.

BILLING INTEGRATION WILL INCLUDE A BUNCH OF TESTING TO MAKE SURE WE'VE GOT BILLING ACCURATE BEFORE IT GOES LIVE.

WE WOULD ALSO ANTICIPATE SENDING AN EXAMPLE BILL TO PEOPLE IN ADVANCE SO THAT THEY KNEW WELL BEFORE OCTOBER 1ST, WHICH IS WHEN WE WOULD ANTICIPATE THE FIRST INVOICES GOING OUT.

OCTOBER OF '26, WE'D WANT TO MAKE SURE WE WEREN'T SURPRISING ANYBODY.

THE SCHEDULE ON THE BOTTOM REFERS TO THE SECOND OPTION ON TIMING.

IF YOU COUNCIL ELECTED TO HIT PAUSE A LITTLE BIT RIGHT NOW TO GO AND DO MORE EXTENSIVE OUTREACH AND ENGAGEMENT, THEN THE SCHEDULE COULD BE MAY OR JUNE OF '27, UPDATING COUNCIL ON THAT EXPANDED OUTREACH, A PUBLIC HEARING IN JULY OF '27 AND FIRST READING OF AN ORDINANCE.

FINAL READING OF THE ORDINANCE IN AUGUST OF '27, AND THEN ANTICIPATED FIRST INVOICES, EITHER JULY OR OCTOBER OF 2028.

THAT'S A LOT. [LAUGHTER] BUT THAT'S THE END OF THE REPORT.

I'D LIKE TO BACK UP NOW TO THIS SLIDE AND SEEK ANY COMMENTS OR FEEDBACK OR DIRECTION OR SPEAKERS.

>> COUNCIL, WOULD YOU LIKE TO HEAR FROM THE SPEAKERS IN THE AUDIENCE PRIOR TO ANY DISCUSSION? I'M SEEING A LOT OF YESES.

>> WOULD YOU SWITCH IT OVER FOR THE TIMER.

THANK YOU. OUR FIRST SPEAKER THIS EVENING IS CHRIS WIGLEY.

>> HELLO, COUNCIL.

MY NAME IS CHRIS WIGLEY, A PASTOR AT FIRST BAPTIST CHURCH HERE IN BURLESON, AND THANK YOU FOR THE OPPORTUNITY TO TAKE A MOMENT TO SPEAK TO THIS PROPOSED STORMWATER FEE AND ITS IMPACT TO OUR CHURCH.

I WANT YOU TO KNOW THAT OUR CHURCH IS SO VERY GRATEFUL FOR YOU, EACH OF YOU, AND FOR THE LEADERSHIP OF OUR CITY, AND ALSO FOR THE PARTNERSHIP THAT WE ENJOY WITH THIS INCREDIBLE CITY WE LOVE, BURLESON.

I WAS GRATEFUL FOR THE INVITE TO ATTEND THE RELIGIOUS INSTITUTION Q&A REGARDING THE PROPOSED STORMWATER FEE.

TO SAY IT WAS EYE-OPENING WAS AN UNDERSTATEMENT.

I LEFT HAVING GAINED A TREMENDOUS RESPECT FOR OUR PUBLIC WORKS DEPARTMENT, ITS LEADERSHIP, AND THE HARD WORK THEY'RE DOING AROUND OUR CITY.

I WAS ALSO IMPRESSED BY THE TRANSPARENCY OF WHERE WE ARE, THE INCLUSION OF INVITING US AS PASTORS AND CHURCH LEADERS AND THE INSIGHT TO WHAT THE CITY IS FACING.

TRULY PROUD OF OUR CITY OFFICIALS AND THE EMPLOYEES.

THERE IS A GREAT NEED FOR INFRASTRUCTURE PROJECTS ACROSS OUR CITY, AS WE WERE REMINDED AGAIN TONIGHT IN THIS VERY SIMILAR PRESENTATION, I ALSO WANT TO APPLAUD THE PUBLIC WORKS DEPARTMENT, ESPECIALLY ERRICK THOMPSON AND JUSTIN SCHARNHORST, IN AN EXCELLENT HARD WORK PRESENTATION THAT WAS VERY INFORMATIVE.

THEY ARE GREAT LEADERS, AND THEY ARE A BLESSING TO OUR COMMUNITY.

AGAIN, FIRST BURLESON LOVES OUR CITY.

WE'RE GRATEFUL FOR YOU AND KNOW THAT WE WANT TO BE A SUPPORT TO THIS CITY AND ALL THAT YOU HAVE GOING ON.

WE WANT TO BE A VALUE ADD TO THIS COMMUNITY.

[01:00:03]

HOWEVER, THE FEE STRUCTURES CURRENTLY PRESENTED CREATES A CONCERN.

AS PROPOSED, IT WOULD ADD $952.91 PER MONTH TO OUR CHURCH'S UTILITY BILL, TOTALING AN ADDITIONAL $11,434.97 PER YEAR COST TO OUR CHURCH.

THIS WOULD REPRESENT A 40% INCREASE TO OUR AVERAGE UTILITY BILL.

WHILE THE LORD HAS BEEN BLESSING OUR CHURCH, I'M CONCERNED ABOUT THE POTENTIAL IMPACT THAT THE CURRENT PROPOSED FEE MIGHT HAVE ON THE DIFFERENT WAYS WE ARE PRIVILEGED TO SERVE THIS GREAT COMMUNITY.

FOR EXAMPLE, OUR PROMISES COMMUNITY MINISTRIES PLAYS A VITAL ROLE IN PROVIDING BOTH FOOD PANTRY AND COUNSELING SERVICES TO MEMBERS OF OUR COMMUNITY IN NEED.

AS OF THE END OF NOVEMBER, PROMISES HAD SERVED 35,489 PEOPLE THROUGH OUR FOOD PANTRY.

WHEN THE GOVERNMENT SHUT DOWN, WE STEPPED UP OUR OFFERINGS.

WE WERE ALSO ABLE TO PROVIDE 21,230 MEALS THIS PAST SUMMER TO KIDS THAT DID NOT GET MEALS WHEN SCHOOL LETS OUT.

IN ADDITION TO OUR FOOD SUPPLIES, WE PROVIDE LICENSED PROFESSIONAL COUNSELING FOR MEMBERS IN OUR COMMUNITY ON AN ADJUSTABLE SCALE, WHICH MEANS THAT MANY PEOPLE IN OUR COMMUNITY THAT CANNOT AFFORD IT, WE COVER THROUGH OUR TIES AND OFFERINGS.

WITHOUT AN EXEMPTION, WE'RE FACED TO FIGURE OUT HOW WE WOULD COME UP WITH THAT AMOUNT OF MONEY EACH MONTH, WHICH WOULD HAVE DEVASTATING IMPACTS TO THE SERVICES THAT WE PROVIDE.

>> THANK YOU, CHRIS. APPRECIATE IT.

>> THE NEXT SPEAKER IS ANDREW WOLFENBARGER.

>> GOOD EVENING, MAYOR, CITY COUNCIL MEMBERS AND RESIDENTS OF BURLESON.

MY NAME IS ANDREW WOLFENBARGER, AND I HAVE THE DISTINCT PRIVILEGE AND HONOR OF PASTORING JOSHUA BAPTIST CHURCH.

THOUGH OUR NAME REPRESENTS OUR HERITAGE, WE ARE, IN FACT, LOCATED IN THE CITY OF BURLESON AND UNDER THE JURISDICTION OF THE CITY OF BURLESON.

THANK YOU FOR THE OPPORTUNITY TO SPEAK.

MY COMMENTS, OF COURSE, CONCERN THE PROPOSED STORMWATER UTILITY FEE, AND I RECOGNIZE THE SIGNIFICANT CHALLENGES THAT OUR CITY FACES, ESPECIALLY CONCERNING FUNDING, BUT I DO RESPECTFULLY URGE THE CITY NOT PROCEED WITH THIS IN ITS CURRENT FORM.

AFTER REVIEWING THE TEXAS LOCAL GOVERNMENT CODE FOR MYSELF, KNOWN AS THE MUNICIPAL DRAINAGE UTILITY ACT, I NOTED THE LAW ITSELF, OF COURSE, CONTAINS SPECIFIC EXEMPTIONS AMONG THOSE RELIGIOUS ORGANIZATIONS ARE EXPLICITLY IDENTIFIED AS ENTITIES THAT MAY BE EXEMPTED.

WHEN I ASKED CITY OFFICIALS WHY THOSE EXEMPTIONS WERE NOT INCLUDED IN THIS PROPOSAL, I WAS TOLD THAT POLICIES MUST BE NON-DISCRIMINATORY, REASONABLE, AND EQUITABLE AS CITED IN THE ACT ITSELF.

HOWEVER, THE ACT DOES NOT MERELY REQUIRE FAIRNESS, IT EXPRESSLY INCORPORATES EXEMPTIONS.

IN FACT, THE LEGISLATURE LISTED AS ONE OF THE PURPOSES OF THE ACT, "TO PROVIDE EXEMPTIONS OF CERTAIN PERSONS." THE STATUTE INCLUDES MANDATORY EXEMPTIONS AND GRANTS THIS COUNCIL DISCRETION TO EXEMPT PROPERTY OWNED BY RELIGIOUS ORGANIZATIONS THAT ARE TAX EXEMPT UNDER SECTION 11.20 OF THE TAX CODE.

EXEMPTIONS, THEREFORE, ARE PART OF THE ACT'S DESIGN.

EXEMPTING RELIGIOUS ORGANIZATIONS IS REASONABLE AND FITS THAT CRITERIA.

MANY CHURCHES OPERATE ON A STRICT BUDGET, AND THOSE THAT ARE FINANCIALLY HEALTHY AS FIRST BAPTIST BURLESON AND OUR CHURCH SEEM TO BE, OFTEN EXPEND SUBSTANTIAL RESOURCES SERVING THE COMMUNITY.

IMPOSING AN ADDITIONAL CHARGE SOMEWHERE BETWEEN $5-10,000 ANNUALLY FOR LARGER FACILITIES, INEVITABLY REDUCES A CHURCH'S IMPACT TO SERVE THE PUBLIC.

IF THE COUNCIL DOES CHOOSE TO MOVE FORWARD WITH THE PROPOSAL, I URGE THE CREATION OF A CLEAR AND MEANINGFUL APPEALS PROCESS.

THE CURRENT ERU-BASED MODEL IS OVERLY SIMPLISTIC AND FAILS TO ACCOUNT FOR A SPECIFIC PROPERTIES UNIQUE DRAINAGE CHARACTERISTICS.

THE ACT STATES THAT PROPERTY WITH "PROPER CONSTRUCTION AND MAINTENANCE OF A WHOLLY SUFFICIENT AND PRIVATELY OWNED DRAINAGE SYSTEM" SHALL BE EXEMPT FROM MUNICIPAL DRAINAGE UTILITY RULES ADOPTED UNDER THIS ACT.

IT IS THEREFORE REASONABLE THAT PROPERTY WHICH DOES NOT CONTRIBUTE RUNOFF TO THE CITY SYSTEM SHOULD NOT BE CHARGED AS THOUGH IT DOES.

IN CLOSING, I RESPECTFULLY RECOMMEND THAT THE COUNCIL DELAY IMPLEMENTATION OF THIS FEE, REVISE THE PROPOSAL TO INCLUDE EXEMPTIONS FOR RELIGIOUS ORGANIZATIONS, OR AT A MINIMUM, COMMIT TO A COMPREHENSIVE AND EFFECTIVE APPEALS PROCESS.

IN MY VIEW, THAT APPROACH BEST REFLECTS A SYSTEM THAT IS TRULY NONDISCRIMINATORY, REASONABLE, AND EQUITABLE.

[01:05:01]

REGARDLESS OF YOUR DECISION, JOSHUA BAPTIST CHURCH WILL CONTINUE TO SERVE THIS COMMUNITY BY PROCLAIMING THAT SALVATION IS FOUND THROUGH REPENTANCE TOWARDS GOD AND FAITH IN THE LORD JESUS CHRIST.

MY HOPE IS THAT THIS BODY RECOGNIZES THE VALUE OF THAT WORK AND SUPPORTS OUR CHURCH AND OTHERS LIKE IT IN THAT MISSION. THANK YOU FOR YOUR TIME.

>> NEXT SPEAKER CARD I HAVE IS REVEREND KYLAND DOBBINS.

>> GOOD EVENING. MY NAME IS KYLAN DOBBINS.

I HAVE THE PRIVILEGE AND HONOR OF SERVING AS THE LEAD PASTOR OF FIRST UNITED METHODIST CHURCH OF BURLESON, AND GREETINGS TO THE MAYOR AND ALL THE CITY COUNCIL, AND ALL THE LEADERSHIP, THANK YOU ALL SO MUCH FOR WHAT YOU DO.

WE PARTNER WELL AND DO A LOT OF GREAT THINGS.

I DID AND ECHO THE SENTIMENTS AND WORDS OF THESE PASTORS WHO'VE GONE BEFORE ME.

BUT I'LL SAY THIS JUST ON BEHALF OF FIRST UNITED METHODIST CHURCH OF BURLESON.

WE DO SUPPORT THE GOAL OF REDUCING THE FLOOD RISK AND MAINTAINING BURLESON'S STORM WATER SYSTEM.

WE ALSO UNDERSTAND THE CITY IS DESIGNING THIS AS A SERVICE BASED FEE, TIED TO IMPERVIOUS RUNOFF AND YOUR MATERIALS EMPHASIS.

IT MUST BE EQUITABLE AND NONDISCRIMINATORY.

OUR REQUEST IS FOR THE EXEMPTION, BUT IF WE CANNOT GET THE EXEMPTION, AT LEAST ADOPT A MEANINGFUL CREDIT OR CONSIDER ADOPTING A CREDIT AND OR PHASE IN POLICY FOR COMMUNITY SERVING NON PROFITS, LIKE CHURCHES.

CHURCHES LIKE OURS FUNCTION AS SERVICE HUBS.

WE FUND SO MANY THINGS, SUCH AS FOOD SUPPORT, RECOVERY GROUPS, COMMUNITY GATHERINGS, AND EMERGENCY, SPACES WHEN DISASTERS HIT, IF RECURRING COSTS RISE ABRUPTLY, THE CUT USUALLY COMES OUT OF THOSE SERVICES, WHICH YOU KNOW, IN TURN AFFECTS THE CITY, PUTS ANOTHER TYPE OF BURDEN ON THE CITY.

WE WANT TO PREVENT THAT.

A CREDIT PROGRAM, AS AN EXAMPLE, COULD KEEP THE LOGIC OF THE FEE INTACT.

IF WE REDUCE RUNOFF THROUGH DETENTION AND PERMEABILITY AND DRAINAGE UPGRADES, SUCH AS, OUR RETENTION POND THAT WE HAVE BUILT AND MAINTAINED, THEN MAYBE OUR FEES COULD BE REDUCED.

THAT'S FAIR. IT'S MEASURABLE AND IT HELPS THE CITY MEET THE SAME DRAINAGE OUTCOMES WITH LESS DOWNSTREAM BURDEN.

WE'RE READY TO PARTNER WITH THE CITY ON A PLAN THAT IS PRACTICAL, FAIR, VERIFIABLE AND CONSISTENT WITH THE CITY'S GOALS.

WE, TOO, ARE PRAYING WITH YOU AND WORKING WITH YOU AS PARTNERS BECAUSE WE LOVE THIS CITY. THANK YOU SO MUCH.

>> NEXT SPEAKER IS DOUG RIGGS.

>> WELL, I DON'T HAVE A WHOLE LOT TO ADD OTHER THAN WHAT THESE GUYS HAVE ELOQUENTLY STATED.

MY NAME IS DOUG RIGGS.

I'M THE EXECUTIVE COMMUNITY PASTOR AT OPEN DOOR CHURCH, AND I REITERATE OUR LOVE FOR YOU GUYS AND WHAT YOU DO IN THE CITY.

WANT YOU TO KNOW, YOU WILL NEVER HAVE TO WORRY ABOUT ME RUNNING AGAINST ANY OF YOU, CAUSE I DON'T WANT YOUR JOB.

YOU DO STUFF THAT THE REST OF US CANNOT AND WOULD NOT DO WELL.

SO THANK YOU FOR WHAT YOU DO.

I KNOW THAT OFTEN IT'S THANKLESS, AND THE ONLY TIME YOU GET FEEDBACK IS WHEN WELL LIKE TODAY.

[LAUGHTER] SO JUST THANK YOU.

IN LIEU OF TAKING AN OFFERING WITH ALL THE MINISTERS IN THE ROOM, I WOULD LIKE TO ASK YOU TO CONSIDER AN EXEMPTION FOR CHURCHES.

THERE ARE SO MANY CHURCHES THAT MAKE SUCH A DIFFERENCE, AND YOU'VE HEARD EXAMPLES, AND THERE ARE PEOPLE HERE THAT DO THINGS SO MUCH BETTER THAN WE DO AT OPEN DOOR.

WE ALSO CONTRIBUTE TO THE COMMUNITY.

IF I WERE TO ASK YOU, HOW MANY DOLLARS DO YOU THINK ARE REQUESTED IN BENEVOLENT HELP FROM MY OFFICE IN A YEAR.

WHAT DO YOU THINK THAT WOULD BE? I KNOW THAT'S RHETORICAL, BUT THE NUMBER IS ALMOST HALF A MILLION.

THAT'S THE NUMBER THAT'S REQUESTED.

NOW, IF I HAD THAT AS A BUDGET, WE WOULD FULFILL ALL OF THAT, AND I'VE DEBATED WHETHER OR NOT I WAS GOING TO TELL YOU THAT WE ACTUALLY DO FULFILL ABOUT 38% OF THAT, AND SO WE GIVE FEES AND WE DO THINGS BACK FOR THE COMMUNITY JUST LIKE EVERYBODY ELSE.

YOU MAY OR MAY NOT KNOW THAT WE HAVE A FOOD BANK THAT,

[01:10:02]

MY GLASSES ARE BACK THERE.

I'LL DO THE VERY BEST THAT I CAN HERE.

THROUGH NOVEMBER THIS YEAR, WE GAVE AWAY 2.62 MILLION POUNDS OF FOOD, AND THAT'S ROUGHLY $4.5 MILLION WORTH OF FOOD IN TERMS OF DOLLARS.

WE'RE GOING TO BE COMMITTED TO DO EVERYTHING THAT WE'RE DOING, NO MATTER WHAT YOU DO ON THIS, BUT EVERY LITTLE BIT WOULD HELP, AND WE'D LIKE TO ASK YOU TO CONSIDER AN EXEMPTION FOR RELIGIOUS INSTITUTIONS.

THANK YOU VERY MUCH.

>> I HAVE NO OTHER SPEAKER CARDS.

IS THERE ANYBODY ELSE IN THE AUDIENCE WHO WOULD LIKE TO ADDRESS THE CITY COUNCIL ON THIS ITEM? COME FORWARD. STATE YOUR NAME, PLEASE FOR THE RECORD.

>> I'M PASTOR BOB PARKER FROM THE BOULEVARD BAPTIST CHURCH HERE IN BURLESON.

MR. MAYOR AND CITY COUNCIL.

WHAT A PLEASURE IT IS TO BE HERE TODAY TO BE ABLE TO SEE EVENING TO SPEAK WITH YOU.

I CAN'T REALLY ADD ANYTHING NECESSARILY TO WHAT THE PREVIOUS PASTORS HAVE SAID OTHER THAN I CAN SAY DITTO, DITTO, AND DITTO.

HOWEVER, I WOULD SAY THAT THE CHURCHES IN OUR COMMUNITY, THAT ONE AREA THAT WE LOOK AT, AND WE'RE MISSING IS NOT JUST OUR LARGER CHURCHES THAT WILL BE LARGE FEES, AS A MATTER OF FACT, THE GENTLEMAN THAT WAS IN FRONT OF US THE OTHER NIGHT OR A COUPLE OF WEEKS AGO, HE DID SAY ABOUT THE CHURCH ABOUT HOUSING FOR $8, BUT WHAT HE DIDN'T TELL US TONIGHT WAS THE AMOUNT OF WHAT CHURCHES WE'D BE PAYING, AND A GOOD NUMBER OF THEM WE'RE GOING TO BE PAYING A GOOD CHUNK OF CHANGE EVERY MONTH.

MONIES THAT IS GOING TO BE TAKEN RIGHT OUT OF THE BUDGET, AS A CHURCH, NOT ONLY THAT, BUT MAY I SAY THE SMALLER CHURCHES IN OUR CITY.

WE HAVE A LOT OF SMALL CHURCHES RUNNING 15, 20 PEOPLE THAT THEIR PASTOR DOESN'T GET PAID.

HE WORKS A FULL TIME JOB, AS MUCH AS HE WOULD ENJOY BEING FULL TIME AT HIS CHURCH, HE JUST CAN'T, AND THAT'S EXTRA MONEY OUT OF THEIR BUDGET TO BE ABLE FOR HIM TO MINISTER PROPERLY AND EFFECTIVELY TO HIS CHURCHES PEOPLE IN THE COMMUNITY.

WE AT BOULEVARD BAPTIST CHURCH.

WE HAVE A VERY GOOD WORKING RELATIONSHIP SPECIFICALLY WITH THE BURLESON POLICE DEPARTMENT.

THESE OFFICERS BACK HERE, I KNOW EVERY ONE OF THEM.

MISS RACHEL AND SONIC AND OTHER DRUG DOGS.

THEY TRAIN IN OUR GYMNASIUM EVERY MONTH.

THE SWAT TEAM USES OUR AUDITORIUM.

WE DON'T CHARGE THE CITY.

WE DON'T CHARGE THE POLICE DEPARTMENT.

WE PAY FOR THE ELECTRICITY, WE PAY FOR THE WATER.

WE PAY FOR EVERYTHING THAT THEY NEED AT THAT PARTICULAR TIME BECAUSE WE WANT TO KEEP BURLESON SAFE, AND AS A CHURCH, WE WANT TO MINISTER TO BURLESON.

WE LOVE BURLESON. I'VE ONLY BEEN HERE THREE YEARS, BUT I'VE BEEN IN THE MINISTRY FOR 44 YEARS, AND I HAVE A I HAVE A LOVE FOR THE PEOPLE THAT I PASTOR, AND I HAVE A VERY DEEP LOVE FOR THIS CITY IN JUST A SHORT TIME THAT I'VE BEEN HERE.

I WOULD SAY, THAT YOU WOULD RECONSIDER THE CONSIDER THE IDEA OF THE FEES.

I HAVE A LITTLE BIT DIFFERENT VIEW.

I THINK A FEE IS JUST ANOTHER WORD FOR TAX, AND THAT'S JUST MY OPINION, AND I THINK THAT YOU SHOULD CONSIDER ALL WHAT THE CHURCHES DO, CONSIDERING WHAT FIRST BAPTIST DOES AND THE AMOUNT OF FOOD AND THE GENTLEMAN AT OPEN DOOR.

THE THINGS THAT WE DO. WE HAVE A BENEVOLENCE FUND THAT WE HELP FOLKS. WE'RE RIGHT ON 35.

I CANNOT TELL YOU THE NUMBER OF TIMES OUR DOOR IS KNOCKED ON AND THE NUMBER OF PHONE CALLS THAT WE RECEIVE, ELECTRIC BILLS, RENT, JUST WALKING THROUGH HOMELESS FOLKS.

THINGS THAT WE WOULD LIKE TO DO SOMETIMES WE'RE CAPABLE AND SOMETIMES THAT WE'RE NOT.

>> SIR.

>> YES, SIR, AM I OVER?

>> YES, YOU 'RE OVER.

>> I APOLOGIZE.

>> NO PROBLEM.

>> IT'S A PREACHER IN ME. I APOLOGIZE.

>> I WAS SURPRISED THE OTHER GUYS CUT IT OFF SHORT, IS THAT OKAY?

>> NEXT SPEAKER, BILL JANIS.

>> I APPRECIATE ALL THE WORDS THAT THESE PASSERS HAVE GOTTEN UP HERE AND SPOKEN ABOUT, BECAUSE NOBODY CAN DENY THE GOODWILL THAT THEY DO.

THEY STEP UP, AND IT'S ONE OF THOSE THINGS WHERE THEY'RE UNDERAPPRECIATED.

I'M A GENERAL CONTRACTOR, LIKE MOST OF YOU HAVE HEARD.

I'VE SEEN DAMAGES FROM STORM WATERS AND STUFF LIKE THAT.

WHAT WASN'T TALKED ABOUT IN THE PRESENTATION IS THE ONGOING DAMAGES, AS YOU'LL SEE, THE SIDEWALKS, CURBS, STREETS, WHERE THE BASE MATERIALS GET WASHED OUT UNDERNEATH.

I SHOWED THE ONE CEMENT CULVERT THAT WAS ALL BUSTED UP, AND IT'S NOT FROM OLD AGE.

IT'S FROM WATER WASHING OUT UNDERNEATH IT.

IT CAN BE FROM TREE ROOTS, TOO, AND STUFF LIKE THAT.

[01:15:01]

BUT WHEN YOU DRIVE DOWN THE ROAD AND YOU SEE IT'S SUNKEN OUT.

IT'S WATER OVERFLOWING OVER THE CURB GENERALLY GOING UP UNDERNEATH AND WASHING THE BASE MATERIALS OUT, AND I DON'T CARE WHERE YOU HAVE CEMENT AT.

IT'S GOING TO WATERSHED.

WATER'S GOING TO GO SOMEWHERE.

IT'S GOING TO GO DOWNHILL. THAT'S JUST THE WAY GRAVITY AND WATER FLOW WORKS.

THERE'S NOT A WHOLE LOT YOU CAN DO EXCEPT PLAN AND HOPE THAT IT DOESN'T HIT YOUR HOME.

SOUTH FOX LANE, I'VE SEEN 24 FOOT CULVERTS LIFTED UP IN THE AIR ABOUT 30 DEGREES.

WATER WASHED OUT UNDERNEATH IT, LIFTED UP.

WHY? BECAUSE MATERIALS THAT WERE IN THE DITCHES AND STUFF THAT WEREN'T CLEARED UP, A LOT OF THIS IS COUNTY ISSUES.

I DON'T KNOW IF MANY OF YOU REMEMBER, BUT JUST NOT QUITE MAYBE IT'S TWO YEARS AGO, APRIL, MAY, MAYBE 2023, A 4-YEAR-OLD BOROUGHS AND BOY DROWNED.

WHEN THEIR PICKUP GOT WASHED OFF THE ROAD, IT DIDN'T LOOK LIKE DEEP WATER.

IT DOESN'T HAVE TO BE THAT DEEP.

IT WAS MAYBE EIGHT, 10 INCHES DEEP. PUSHED THE TRUCK OFF.

THE FAMILY GOT OUT.

THEY GOT SWEPT OFF INTO THE CREEK.

WHEN I HEAR OF LOSS OF LIFE FROM WATER, THIS IS SOMETHING BURLESON SHOULD HAVE DONE PROBABLY 20 YEARS AGO.

I KNOW DAN'S BEEN PUSHING.

HE'S PUSHED FOR IT BEFORE, AND NONE OF THE OTHER COUNCIL HAVE GONE FOR IT. I THINK HE SHOULD HAVE.

I'VE BEEN HELPING PEOPLE IN WAIST DEEP, THREE FOOT DEEP OR DEEPER WATER IN BURLESON OUTSIDE OF PEOPLE'S HOMES.

IT'S ONE OF THOSE THINGS YOU CAN'T PLAN ON, BUT IF YOU HAVE SEEN OUT IN FRONT OF YOUR PROPERTY, LIKE I SAID, A LADY MESSAGED ME A WHILE AGO, SAID COUNCIL IS GOING TO LOOK BAD IF THEY CHARGE THESE CHURCHES.

THAT'S NOT MY DECISION, I'M JUST SAYING THAT IF YOU HAVE CEMENT OR PAVEMENT IN THE WATERSHEDS, IT'S GOING TO GO SOMEWHERE ELSE.

THIS IS SOMETHING THAT SHOULD HAVE BEEN DONE IN THE CITY.

IF THEY DON'T ADAPT IT TO PUSH SOME OF THESE FEES OFF ON OTHER PEOPLE, IT'S GOING TO COME BACK ON ALL THE RESIDENTS.

THE 140 SOMETHING MILLION DOLLAR THAT YOU ARE TALKING ABOUT, WOULD BE IN TWO YEARS IF YOU DON'T ADOPT THIS NOW, IT MAY BE 160, 180 MILLION.

MAYBE IT'LL BE TO A POINT WHERE BURLESON CAN'T EVER KEEP UP.

>> IS THERE ANYBODY ELSE IN THE AUDIENCE WHO WOULD LIKE TO ADDRESS THE CITY COUNCIL ON THIS ITEM? PLEASE STATE YOUR NAME FOR THE RECORD.

>> I'M PAUL KEYES PATHWAY CHURCH.

GOOD EVENING, MAYOR, COUNCIL.

I DON'T HAVE ANYTHING PREPARED, SO IT'LL BE VERY SHORT.

PATHWAY SUPPORTS SOME EFFORT FOR THIS PROPOSAL.

WE UNDERSTAND THERE IS NO EXCEPTIONS, NO EXEMPTIONS, BUT WOULD ENCOURAGE YOU TO CONSIDER SOME TYPE OF CAP OR ADJUSTMENT TO WHATEVER THE CALCULATION IS? WE'RE IN THE SAME BOAT AS FIRST BAPTIST LARGER FOOTPRINT, AND SO WE ARE LOOKING AT PRETTY LARGE INCREASE.

SO WE WOULD VERY MUCH APPRECIATE SOME KIND OF A IN BETWEEN THAT NO EXEMPTION OR EXEMPTION CLAUSE AND SOMETHING THAT ALSO FEEDS THE PROPOSAL. THANK YOU.

>> IS THERE ANYBODY ELSE THAT WOULD LIKE TO ADDRESS THE CITY COUNCIL ON THIS ITEM?

>> MAYOR?

>> I WANT TO THANK YOU ALL FOR STEPPING UP AND SPEAKING.

COME ON, ERIC. WHEN YOU DID YOUR BUDGET ON THIS, WHAT WAS THE AMOUNT OF MONEY COLLECTED BY RELIGIOUS.

>> APPROXIMATELY 200,000.

>> SO EVERYBODY HAVE ANY OTHER COMMENTS?

>> I'M FEELING LIKE I WANT TO TALK TONIGHT, SO OKAY, I WANT TO AGAIN, COME BACK AND THANK ALL OF YOU FOR COMING AND SHARING BECAUSE YOU ARE VERY IMPORTANT TO OUR COMMUNITIES, AND EACH ONE OF YOU STOOD UP AND WE'RE ABLE TO STATE HOW YOU'VE HELPED OUR COMMUNITY.

THERE ARE TWO CHURCHES THAT I KNOW OF IN HERE WE GO AND USE FOR EVENTS FOR OUR POLICE DEPARTMENTS, FOR OUR FIRE DEPARTMENT, FOR OUR CITY EMPLOYEES, AND AGAIN, WHAT WE JUST CAME OFF OF WITH THE GOVERNMENT SHUTDOWN.

WE WERE BRINGING LOTS OF FOOD IN TO TRY TO HELP OUR CITIZENS RIGHT HERE IN BURLESON.

SO I WANT TO THANK YOU FOR COMING AND COMING IN IN A RESPECTFUL MANNER AND ADDRESSING YOUR CONCERNS.

>> IT'S REALLY HARD IN MY MIND, IT IS COMING UP WITH THESE FEES BECAUSE THIS IS NOT A TAX.

AS ONE OF THE PASTORS SAYS,

[01:20:01]

THIS IS NOT A TAX. THIS IS A FEE.

IT'S TO HELP MAKE US BETTER BECAUSE WE DON'T HAVE THE TAX DOLLARS TO MAKE THIS HAPPEN.

SO I WANT TO ELIMINATE THAT PART.

THE OTHER QUESTION THAT I HAVE, ERIC, GOING ON WHAT THE MAYOR JUST SAID, HOW MUCH COMES FROM THE RELIGIOUS INSTITUTIONS?

>> YEAH, THE PRELIMINARY PROGRAM ANTICIPATES A LITTLE OVER 200,000 OF THE 3.7 MILLION FROM RELIGIOUS INSTITUTIONS.

>> I WANT TO THANK ALL THE MINISTERS FOR SPEAKING SO SUCCINCTLY AND GETTING YOUR POINTS ACROSS SO THOROUGHLY, BUT I'M NOT AT ALL SURPRISED THAT YOU WERE ABLE TO DO SO.

EVEN FOR MOST OF YOU GET IT DONE JUST ALMOST WITHIN THE AMOUNT OF TIME THAT YOU WERE ALLOWED, SO GOOD JOB THERE.

WHEN I'VE BEEN QUESTIONED ON THE SUBJECT OF EXEMPTING CHURCHES FROM THIS FAITH THROUGH THE YEARS, MY COMMENT HAS ALWAYS BEEN A MORE OR LESS DIRECT QUOTE OF JESUS ON THE SERMON OF THE MOUNT IN THE BOOK OF MATTHEW, WHO SAID, "ESSENTIALLY THAT THE RAIN FALLS ON THE JUST AND THE UNJUST." THEREFORE, WE PROBABLY SHOULD EXEMPT CHURCHES.

BUT I WILL SAY THIS.

IT'S OPENED MY EYES A LITTLE BIT LISTENING TO YOU SAY WHAT YOU SAY ABOUT THE FACT THAT YOU DO CONTRIBUTE TO THE COMMUNITY AND SERVICES THAT THE CITY AND OTHER GOVERNMENTAL ENTITIES AREN'T ABLE TO PROVIDE OR CHOOSE NOT TO PROVIDE, AND THAT'S A GREAT THING FOR OUR CITY.

ONCE AGAIN, THE JUST VERSUS THE UNJUST THING, I GUESS IF WE ADOPT THE IDEA THAT THOSE WHO ATTEND YOUR CHURCH AS YOUR PARISHIONERS ARE PART OF OUR CITY, BUT NOT ALL OF OUR CITY, AND ASSUMING THAT THEY PAY THE COSTS OF WHAT YOUR CHURCH HAS TO PAY, THEN TECHNICALLY, I GUESS THE RAIN FALLS ON THEM TWICE, ONCE AS PRIVATE HOMEOWNERS AND A SECOND TIME AS MEMBERS OF YOUR CHURCH.

I CAN PUT YOU IN A UNIQUE CATEGORY FROM THAT JUDGMENT AND SAY, WELL, PERHAPS THAT'S A BURDEN THAT ALL CITIZENS OF THE CITY SHOULD SHARE TO SUPPORT THE CHURCHES.

EITHER WAY, I COULD GO ON THAT POINT.

I'D LOVE TO HEAR MORE ABOUT WHAT THE OTHER COUNCIL MEMBERS FEEL ABOUT THAT, BUT I'M OPEN TO DISCUSSION OF THE IDEA OF AN EXEMPTION FOR CHURCHES IN THE PAST I'VE NOT BEEN, BUT I'M STARTING TO BEND A LITTLE BIT ON THAT.

I'D LIKE TO HEAR MORE FROM THE OTHER COUNCIL MEMBERS.

>> IF I COULD CORRECT MYSELF QUICKLY, IT'S MORE LIKE 120,000 FROM THE RELIGIOUS INSTITUTIONS.

IT WAS A DIFFERENT CATEGORY I HAD IN MIND.

>> THANK YOU, ERIC. I'M MORE DIRECT AND TO THE POINT, AND I KNOW THAT THIS CITY IS BLESSED, NOT BECAUSE OF THE COUNCIL WE HAVE, EVEN THOUGH IT'S A GREAT COUNCIL, NOT BECAUSE OF STAFF, BUT IT'S BECAUSE OF OUR RELIGIOUS INSTITUTIONS THAT HAVE BUILT THIS CITY AND THE CITIZENS ALSO.

WE ALL UNDERSTAND THAT, AND WE'RE BLESSED TO HAVE THESE ORGANIZATIONS, BUT TO THE POINT, THE TAX CODE DOESN'T EXEMPT A STORMWATER EXEMPTION FOR CHURCHES.

THE GENTLEMAN IN THE VEST.

I'M SORRY, I DIDN'T GET YOUR NAME.

[LAUGHTER] THE ONE LOOKING AROUND, NOW, YOU DON'T OWE ME ANY MONEY.

YOU CAME CLOSE TO IT.

IF IT WAS A BUDGET ITEM WITH A TAX RATE ATTACHED TO IT AND A PROPERTY TAX, GUARANTEED EXEMPTION.

BUT IT'S A STORMWATER FEE AND FEES AREN'T EXEMPTED.

THE OTHER POINT IS ALL THE CITIZENS ARE GOING TO HAVE TO PAY THIS FEE.

MY CONCERN WOULD BE, HOW IS IT GOING TO AFFECT EACH ONE OF YOUR REVENUES? DO YOU THINK IT'LL AFFECT IT AT ALL OR THE GIVING OR WILL IT JUST BE ABSORBED? BUT THE COUNCIL CAN ALWAYS MAKE EXCEPTIONS TO ANY ORDINANCE, AND I DON'T KNOW BY LAW, IF WE'RE ALLOWED TO MAKE AN EXCEPTION FOR RELIGIOUS INSTITUTIONS FOR A STORMWATER FEE, THAT WOULD BE SOMETHING THAT THE LAWYERS WOULD HAVE TO HASH OUT AND GET BACK TO US ON.

IS THERE ANYTHING THAT YOU KNOW ABOUT THAT RIGHT NOW?

>> YES, SIR, THE MUNICIPAL DRAINAGE DISTRICT LEGISLATION AS IT IS CURRENTLY WRITTEN, GIVES LOCAL GOVERNMENTS NOT THE REQUIREMENT, BUT THE AUTHORITY TO GRANT EXEMPTIONS TO CITY FACILITIES, COUNTY FACILITIES, PUBLIC SCHOOL FACILITIES, AND RELIGIOUS INSTITUTIONS.

WE HAVE A STATUTORY GRANT OF AUTHORITY TO DO IT, BUT IT'S DISCRETIONARY.

AGAIN, AS THE MAYOR PRO TEM POINTED OUT,

[01:25:03]

SOME OF THE PREMISES, IT'S BASED UPON THE FACT THAT ALMOST ALL OF THESE SERVICE ENTITIES, THE CITY, THE COUNTY, THE PEOPLE WHO PAY THE MONEY TO SUPPORT IT, ARE THE TAX PAYING CITIZENS.

ON THE SCHOOLS, IT'S THE SAME THEORY AND THE SAME WITH CHURCHES.

THE FEES ARE BEING PAID BY THE PEOPLE WHO RUN THOSE INSTITUTIONS.

THE EXEMPTION WAS BUILT IN BY THE LEGISLATURE AS A DISCRETIONARY CALL FOR EACH LOCAL JURISDICTION TO CONSIDER.

>> THANK YOU. IT SOUNDS LIKE WE MAY HAVE SOME DISCRETIONARY AUTHORITY TO MAKE AN EXEMPTION.

WE STILL NEED TO RUN IT THROUGH THE LAWYERS, AND I THINK THAT WE NEED TO HEAR FROM THE REST OF THE COUNCIL THAT THEY HAVE SOMETHING TO SAY, BUT THIS MAY BE SOMETHING WE NEED TO POSTPONE AND TAKE THAT INTO CONSIDERATION.

>> I DEFINITELY WANT TO POSTPONE IT.

I KNOW EXACTLY WHERE YOU GUYS ARE COMING FROM, AND I TOTALLY AGREE WITH YOU.

WE HAVE A RETREAT COMING UP BEFORE TOO LONG.

I THINK WE CAN TALK ABOUT IT A LITTLE BIT MORE ON SOME OF OUR PRIORITIES, BECAUSE I THINK REGARDLESS OF WHETHER IT'S A FEE OR NOT, WHATEVER WORD YOU WANT TO USE, IT'S STILL A LITTLE BIT OF A TAX.

THAT'S MY PERSONAL OPINION.

I'M PRETTY OPINIONATED, AND THAT'S MY OPINION THAT IT'S GOING TO HIT EVERYBODY.

IT'S JUST GOING TO TAKE SOME MONEY OUT OF THE BUDGET.

THE GIVING PART OF THAT, I UNDERSTAND THAT.

I'M TOTALLY ABOUT KNOCKING THIS DOWN A LITTLE BIT AND BACKING UP, TALKING ABOUT ITS RETREAT, SEE WHERE WE CAN GO. THAT'S JUST MY OPINION.

>> TO PIGGYBACK ON WHAT YOU JUST SAID, COACH, IT HAS BEEN MENTIONED THAT IT'S A DEDICATED FEE.

RIGHT NOW, WHEN WE COME UP, YOU SAW A SLIDE THAT SAID THE 311 CALLS, WHICH ARE BASICALLY SERVICE CALLS THAT LET US KNOW, HEY, DID YOU KNOW THIS AREA IS UNDERWATER OR THIS IS COMING INTO MY BACKYARD, OR THIS STREET IS CURRENTLY BEING FLOODED? RIGHT NOW, WHEN WE GET THOSE CALLS, AS YOU SAW IN A SLIDE, WE HAVE ABOUT $500,000 ANNUALLY BUDGETED FOR THESE TYPES OF EVENTS TO CLEAN OUT DRAINAGE PROACTIVELY, BUT MORE SO, WE ARE REACTIVE RIGHT NOW.

WE AREN'T EVEN REACTIVE TO THE DEGREE THAT OUR CITIZENS WANT AND EXPECT US TO BE.

THERE ARE AREAS OF OUR TOWN, SOME OF THE PICTURES YOU'VE SEEN WHERE CONCRETE'S BROKEN UP AND INFRASTRUCTURE IS BEING WASHED AWAY BECAUSE WE'RE NOT ABLE TO KEEP UP WITH THE DEMAND.

THIS IS A FEE THAT SHOULD HAVE BEEN INTRODUCED YEARS AND YEARS AGO.

THE BUCKS BEEN PASSED BECAUSE IT'S NOT EASY TO TELL CITIZENS WE NEED MORE MONEY.

BUT AS OF RIGHT NOW, WHEN WE HAVE A CALL FOR SERVICE, WHEN STAFF COMES ACROSS A NEED, WE PULL FROM SOMEWHERE ELSE IN THE PUBLIC WORKS BUDGET.

THEREFORE, THE THINGS THAT ARE ON OUR WISH LIST JUST GET BUMPED DOWN FURTHER AND FURTHER.

I SO APPRECIATE THE CONVERSATION THAT WE'VE HAD TONIGHT AND LISTENING TO ACTIVE PARTICIPANTS IN THIS COMMUNITY, BECAUSE WHAT I'VE BEEN PICTURING EVERY TIME WE HAVE THIS CONVERSATION, AND WE'VE BEEN HAVING IT FOR A GOOD TWO YEARS IS ALL THE CONCRETE AROUND TOWN.

BURLESON'S GROWING, AND WE'RE THRIVING, AND IT'S SUCH A WONDERFUL BLESSING, BUT WITH THAT COMES TROUBLES.

WE KNOW WE NEED TO MOVE CARS.

WE KNOW WATER HAS TO MOVE.

THERE'S GIVE AND TAKE, BUT WE'RE JUST GROWING EXPONENTIALLY.

WHEN THE CONCRETE COMES, THEN THE WATER HAS TO GO SOMEWHERE.

AS IT WAS MENTIONED, WE'RE THEN RESPONSIBLE FOR WHEN IT GETS INTO THE PUBLIC WATERWAY, AND IT JOINS IN TO THE CREEKS AND RIVERS AND THE WATER THAT WE SEND BACK TO FORT WORTH TO BE TREATED.

I SO APPRECIATE EVERYTHING THAT'S BEEN SAID TONIGHT.

IT DEFINITELY PUT SOME THINGS IN PERSPECTIVE FOR ME.

FOR 120,000, IT WOULD BE MY PERSONAL OPINION THAT IT NOT BE PASSED ON TO FAITH-BASED ORGANIZATIONS IN THIS TOWN SIMPLY BECAUSE OF WHAT THEY DO PROVIDE TO OUR CITIZENS.

IN SOME REGARD, AS MENTIONED, BY MAYOR PRO TEM, IN SOME CASES, OUR CITIZENS ARE THEN PAYING TWICE.

YOU ARE PAYING [INAUDIBLE] IN THIS TOWN AND THEN YOU'RE PAYING THROUGH YOUR CHURCH.

I WOULD MUCH RATHER MY CHURCH BE ABLE TO PROVIDE THE SERVICES THAT IT DOES IN HELPING MY COMMUNITY MEMBERS AND IN BEING ABLE TO MAKE A DIFFERENCE IN THAT CAPACITY BECAUSE YOU GUYS GO SO FAR ABOVE AND BEYOND.

THERE ISN'T AN INSTITUTION IN THIS ROOM THAT ISN'T REPRESENTED THAT HASN'T PARTNERED WITH THE CITY IN SOME CAPACITY FROM BURLESON OPPORTUNITY FUND, OUR POLICE DEPARTMENT, OUR FIRE DEPARTMENT, AND SO ON.

YOU WELCOME US ALWAYS.

PATHWAY CHURCH IS A PHENOMENAL COMMUNITY PARTNER.

[01:30:01]

OUR DANCE STUDIO JUST HAD OUR NUTCRACKER SHOW.

YOU ALL GO ABOVE AND BEYOND.

BUT IT'S NOT JUST THE BUILDING, IT'S THE PEOPLE THAT ARE THERE AND THE PEOPLE THAT ARE GIVING AND ENCOURAGING YOU ALL TO BE INVOLVED IN OUR COMMUNITY IN THOSE CAPACITIES.

I APPRECIATE THAT. THAT JUST IT PUTS IT IN PERSPECTIVE, AND IT'S AN ELEMENT THAT I HADN'T REALLY CONSIDERED.

BUT THE DOWNSIDE IS IN A LOT OF THESE INSTANCES, IT'S BIG PIECES OF CONCRETE.

WHAT DO WE DO, AND HOW DO WE SHARE THE BURDEN WITH HOMEOWNERS? BECAUSE WHAT'S THE BALANCE THERE? NOT EVERYTHING CAN BE ON THE BACKS OF HOMEOWNERS.

I HAVE HEARD FROM CITIZENS THE BIGGEST COMPLAINT IS THE TIERED FEE STRUCTURE.

I KNOW WE HAD A CONVERSATION ABOUT THIS, BUT I DO THINK IN SOME OF THESE INSTANCES, WHEN YOU LOOK IN THE THOUSANDS OF DOLLARS, WHEN I HEARD THAT $11,000 FROM ONE OF THESE, AND THIS IS JUST AN EXAMPLE FROM ONE OF OUR CHURCHES, BUT YOU THINK ABOUT SOME OF THE INDEPENDENT BUSINESS OWNERS IN TOWN, IT'S GOING TO COST A LOT OF MONEY.

WE HAVE A WISH LIST RIGHT NOW OF A $146 MILLION IN PROJECTS THAT NEED TO BE ACCOMPLISHED, AND THAT'S ONLY GOING TO CONTINUE TO GROW.

BUT I WOULD LIKE FOR US TO REVISIT THE FEE STRUCTURE, AND I THINK SOMETIMES IT'S LIKE WE THROW SOMETHING OUT, AND THAT'S GOOD.

WE NEED TO THROW DARTS OUT AND FIGURE OUT WHAT LANDS AND THEN REGROUP, ONCE WE RECEIVE FEEDBACK FROM CITIZENS, FROM BUSINESS LEADERS AND COMMUNITY LEADERS AND LET US RECONFIGURE THINGS.

WE KNOW SOMETHING HAS TO BE DONE.

THE BUCK HAS BEEN PASSED LONG ENOUGH, AND THERE'S AREAS OF TOWN.

IF THIS IS IN YOUR BACKYARD, IF YOU THINK ABOUT OLD TOWN HERE, A ROAD WE HAVE TO CLOSE A LOT.

WHAT IS IT, ERIC AND TOMMY, THE ONE RIGHT NEXT TO FIRST BAPTIST CHURCH ON THE BACK SIDE.

[OVERLAPPING] YOU THINK ABOUT SOME OF THE HOMEOWNERS THAT ARE BACKING UP TO THESE WATERWAYS AND SURPRISE, IT SEEMS LIKE NOW WE DON'T GET EVEN RAIN.

YOU EITHER GET THE DOWNPOUR OR THE TRICKLE.

LATELY, IT SEEMS LIKE IT'S BEEN A GULLY WASHER IF IT RAINS HERE, AND THEN THE WATER HAS TO GO SOMEWHERE.

YOU THINK ABOUT THOSE PROPERTY OWNERS AND THE AREAS THAT THE CITY ITSELF IS RESPONSIBLE FOR MAINTAINING.

WE SHOULD BE APPROPRIATELY TAKING CARE OF WHAT'S OURS.

I BOUNCED ALL OVER THE PLACE, BUT THANK YOU AGAIN FOR EVERYONE WHO'S SPOKEN AND FOR THE CITIZENS THAT HAVE REACHED OUT THROUGH EMAIL AND CALLS.

WE'RE NOT ALWAYS GOING TO GET IT 100% RIGHT, THE FIRST TAKE, BUT IT HELPS TO HAVE THESE CONVERSATIONS BECAUSE THEN WE CAN SHAPE IT AND MAKE IT HOPEFULLY PALATABLE TO EVERYONE.

BUT AGAIN, WE UNDERSTAND IT'S MORE MONEY.

WE DO GET THAT, BUT WE ALSO KNOW IF WE DON'T DO THIS NOW, IT'S JUST TAKING FROM OTHER PROJECTS THAT MOVE DOWN THE LIST OF BEING BEING ADDRESSED.

>> GO AHEAD.

>> FIRST, I JUST WANT TO SAY THANK YOU ALL FOR COMING TONIGHT.

THERE'S A LOT OF HOT TICKET ITEMS THAT COME BEFORE US, AND YOU'D BE SURPRISED THAT THE ROOM IS COMPLETELY EMPTY.

I'M NOT SAYING WE SHOOT FROM THE HIP, BUT WE JUST GO WITH WHAT WE THINK IS BEST, AND THEN WE HEAR ABOUT IT LATER ON FACEBOOK.

I JUST THANK [LAUGHTER] Y'ALL FOR COMING, AND THIS IS GREAT DIALOGUE.

OBVIOUSLY, TO ECHO MY OTHER COUNCIL MEMBERS TONIGHT, I KNOW THAT WE HAVE A GREAT PARTNERSHIP WITH A LOT OF THE CHURCHES HERE FOR VARIOUS EVENTS, AND NOT JUST THE CITY, BUT OTHER, LIKE THE CHAMBER HOSTS LOTS OF THINGS AND THE ROTARY CLUBS, LIONS CLUBS, THINGS LIKE THAT, USE THE FACILITIES TO HAVE THEIR MEETINGS.

IF IT'S 120,000, I THINK WE LOOK FOR MAYBE SETTING OR DOING AN EXEMPTION, AND I AGREE WITH COUNCIL MEMBER ANDERSON THAT WE'RE HAVING A RETREAT IN LATE JANUARY.

MAYBE IT'S A TIME TO LOOK AT IT THEN AND REALLY BOG DOWN CAUSE REALLY IT'S BEEN TO ONE COMMITTEE AND IT'S BEEN TO ONE COUNCIL MEETING, AND NOW THIS IS THE SECOND COUNCIL MEETING JUST AS WHERE WE'RE TRYING TO GET THROUGH THE NUMBERS.

I THINK WE NEED TO SIT DOWN, AND I LIKE AN IDEA OF LOOKING AT THE TIERED STRUCTURE AGAIN, MAYBE DOING AWAY WITH THAT.

I DO HAVE A QUESTION FOR ALAN, AS FAR AS, CAN WE SET CAPS FOR ANYTHING OR IS THAT?

>> SAY IT AGAIN. BASED ON THE WAY THE STATUTE IS STRUCTURED, YOU COULD SET CAPS ON THOSE ENTITIES FOR WHOM YOU WERE AUTHORIZED TO GRANT AN EXEMPTION.

IF YOU ATTEMPT TO ACCEPT TO SET CAPS BEYOND THAT, YOU WOULD HAVE TO CAP EQUALLY AND UNIFORMLY ACROSS A CATEGORY.

>> JUST SET A FLAT. YOU COULD DO A FLAT FEE ACROSS THE BOARD AS LONG AS IT'S EQUAL FOR EVERYBODY OR.

>> I BELIEVE THAT'S WHAT THE COURTS WOULD NOW REQUIRE WHEN THEY INTERPRET THE STATUTE.

IT'S STILL NEW ENOUGH, ALTHOUGH IT'S BEEN IN PLACE FOR SOME YEARS.

WE HAVEN'T HAD A LOT OF LITIGATION ABOUT IT.

BUT WE'RE STARTING TO SEE SOME ISSUES ARISE, AND THE COURTS WILL GIVE US GUIDANCE ON EXACTLY HOW FLEXIBLE WE CAN BE.

[01:35:03]

RIGHT NOW, I THINK OUR RECOMMENDATION WOULD BE THE TIER STRUCTURE IS SET OUT BASED UPON A NUMERIC SYSTEM OF THE SIZE OF THE IMPERVIOUS FACILITIES THAT ARE GOING TO CREATE RUNOFF.

IT'S TIED. THE FEE IS BASED UPON THE IMPACT AND THEY'RE TIED TOGETHER.

IF YOU GO WITH A UNIFORM FEE, IN SOME WAYS, IT MAY BECOME MORE DIFFICULT TO EXPLAIN BECAUSE IT'S NOT BASED UPON THE DEGREE OF RUNOFF, IT'S JUST GENERIC.

IF YOU OWN, YOU PAY.

I THINK IT'S SOMETHING TO LOOK AT.

I THINK THERE'S A LOT MORE DETAILS IN THIS THAT WE DO.

I AGREE THAT WE NEED IT BECAUSE WE HAVE PROBLEMS THAT WE NEED TO GET SOLVED.

BUT LIKE I SAID, I APPRECIATE Y'ALL COMING TONIGHT, AND I THINK LET'S TALK ABOUT THIS IN JANUARY.

>> ERIC, I WANT TO THANK YOU AND JUSTIN FOR NOT JUST THE PRESENTATIONS AND BEING OPEN ABOUT ALL THIS STUFF, BUT THE WORK YOU PUT IN ON THESE TOWN HALL MEETINGS.

I DON'T KNOW IF ALL THE PREACHERS OUT THERE THOUGHT THAT WAS A LOT OF FUN, I DIDN'T.

BUT WE GOT A LOT OF OPEN DIALOGUE. IT WAS GREAT.

I DIDN'T KNOW IF I WAS GOING TO GET STRUNG UP OR NOT, BUT I DIDN'T THINK THAT WAS IN Y'ALL'S RELIGION EITHER.

THANK Y'ALL FOR BEING HERE.

WE GET THESE HOT BUTTON ITEMS AND WE CAN'T GET INPUT BACK FROM THE CITIZENS.

YOU GUYS SHOWED THAT THIS CAN BE DONE.

THIS IS WHAT WE NEED.

WE NEED TO KNOW HOW Y'ALL FEEL ABOUT IT.

TO GET DOWN TO THE ISSUE ITSELF, I'M LEANING MORE TO SOME REDUCTION FOR YOU GUYS OR TOTAL EXEMPTION, BUT WE'RE GOING TO DISCUSS THAT FURTHER.

Y'ALL DID A GOOD JOB TONIGHT. THANK Y'ALL.

>> I JUST WANT TO HIGHLIGHT IN.

>> I'M SORRY.

>> I'M SO SORRY. I JUST WANT TO HIGHLIGHT AGAIN THAT OUR STAFF, AND I BELIEVE ANY OF US ARE WILLING TO ATTEND MEETINGS, LET'S CONTINUE TO GET THE WORD OUT.

ENCOURAGE YOUR CONGREGATIONS TO TAKE IN THE INFORMATION AND LET US KNOW THEIR THOUGHTS.

BUT THE MORE WE CAN PASS ALONG, WE WANT TO HEAR FROM CITIZENS, AND WE WANT TO BE IN FRONT OF AS MANY GROUPS AS WE CAN.

PLEASE LET US KNOW IF THERE'S ANOTHER GROUP THAT WE CAN GET IN FRONT OF.

I KNOW STAFF'S WILLING, AND SO ARE A NUMBER OF US.

THE MORE WE CAN EDUCATE OUR COMMUNITY, THE BETTER OFF WE ARE.

>> OUR COUNCIL RETREAT IS GOING TO BE JANUARY 26 AND 27.

TOMMY, I BELIEVE IT'S GOING TO BE IN THE COUNCIL WORK ROOM OR.

>> WE'RE STILL WORKING OUT THE LOGISTICS, BUT MOST LIKELY WILL EITHER BE THERE OR ACROSS THE STREET AT THE ANNEX BUILDING.

>> IT'LL BE AT EITHER TWO LOCATIONS.

IT'S OPEN TO THE PUBLIC, AND I ENCOURAGE YOU ALL TO COME BACK AGAIN BECAUSE THIS WILL BE A TOPIC WE'LL DISCUSS.

>> MAYOR, COUNCIL, THANK YOU FOR THE FEEDBACK.

JUST FOR CLARITY, STAFF IS NOT GOING TO MOVE FORWARD WITH THE NOTIFICATION OF A PUBLIC HEARING ON THE 20TH.

WE'LL ADD THIS AS AN ITEM OF DISCUSSION FOR OUR COUNCIL RETREAT AND THE REGROUP FROM THERE IN TERMS OF TIMELINE.

WE HAVE OUR DIRECTION. THANK YOU.

>> THANK YOU.

>> THANK YOU, MAYOR AND COUNCIL.

THAT BRINGS US TO SECTION 6 DEVELOPMENT APPLICATIONS.

[6.A. 212 S Warren (Case 25-239): Hold a public hearing and consider and take possible action on an ordinance for a zoning change request from “SF7” Single-family dwelling district-7 to “GR” General Retail for future development. (First and Final Reading) (Staff Contact: Tony McIlwain, Development Services Director) (The Planning and Zoning Commission recommended approval 8-0)]

6A IS 212 SOUTH WARREN, CASE 25-239, TO HOLD A PUBLIC HEARING AND CONSIDER AND TAKE POSSIBLE ACTION ON AN ORDINANCE FOR A ZONING CHANGE REQUEST FROM SF7, SINGLE FAMILY DWELLING DISTRICT 7 TO GR GENERAL RETAIL FOR FUTURE DEVELOPMENT.

THIS IS BEFORE CITY COUNCIL ON FIRST AND FINAL READING.

THE STAFF PRESENTER THIS EVENING IS EMILIO, NOT TONY.

>> NOT TONY. NOT TONIGHT.

>> DEPUTY DIRECTOR OF DEVELOPMENT SERVICES.

>> GOOD EVENING, MAYOR, MAYOR PRO TEM. COUNCIL MEMBERS.

AS MS. CAMPOS STATED, EMILIO SANCHEZ, DEPUTY DIRECTOR OF DEVELOPMENT SERVICES, HERE WITH A REQUEST FOR A ZONING CHANGE AT 212 SOUTH WARREN STREET.

THE APPLICANT IS KAREN JOHNSON ON BEHALF OF NICHOLAS DECK, EDWARDS TRUST, OWNERS OF THE PROPERTY, WHO ARE REQUESTING A ZONING CHANGE FROM SINGLE FAMILY 7 TO GENERAL RETAIL.

THE MAP ON THE LEFT IS AN INDICATION OF THE CURRENT ZONING OF SINGLE FAMILY RESIDENTIAL 7, WHICH STANDS FOR THE 7,000 SQUARE FOOT RESIDENTIAL LOTS, AND THEN THE MAP ON YOUR RIGHT IS THE COMPREHENSIVE PLAN DESIGNATING THIS AREA AS OLD TOWN.

THE LIST ON YOUR RIGHT IS THE A PORTION OF THE USES THAT ARE ALLOWED UNDER GENERAL RETAIL, AND THEN ON THE RIGHT IS A LITTLE PORTION OF THE AREA THAT ALLOWS FOR USES UNDER SPECIFIC USE PERMITS.

THE APPLICANT HAS PROVIDED YOU WITH A CONCEPT PLAN OF WHAT THEY'RE PROPOSING, BUT JUST SO THAT YOU KNOW THIS IS STRICTLY THE CONCEPT OF WHAT THEY'RE PROPOSING.

[01:40:01]

IT HAS NO APPROVALS ASSOCIATED WITH IT OTHER THAN FOR YOU TO HAVE AN IDEA OF WHAT THEY'RE PROPOSING ON THE PROPERTY.

IF YOU DO RECOMMEND APPROVAL OR APPROVE THE ZONING CHANGE REQUEST TONIGHT, THEY STILL WILL BE REQUIRED TO PLAT THE PROPERTY, SUBMIT COMMERCIAL SITE PLAN REVIEW, AND ALSO OLD TOWN DESIGN STANDARDS REVIEW COMMITTEE WILL HAVE INPUT ON HOW THE BUILDING SITS ON THE PROPERTY, WHAT IT LOOKS LIKE, AND THE SIZE OF THAT BUILDING.

THEN THEY WILL ALSO BE REQUIRED TO SUBMIT ENGINEERING CIVIL PLANS FOR THE PROPERTY.

WE DID SEND PUBLIC NOTICES TO ALL PROPERTY OWNERS WITHIN 300 FEET OF THE PROPERTY, PUBLISHED THE NOTICE IN THE NEWSPAPER, AS WELL AS POSTED A SIGN ON THE PROPERTY, AND AT THIS TIME, STAFF HAS HAD NO FORMAL OPPOSITION.

STAFF HAS DETERMINED THAT THE REQUEST FOR THE ZONING CHANGE DOES ALIGN WITH THE COMPREHENSIVE PLAN AND RECOMMENDS APPROVAL.

THE PLANNING AND ZONING COMMISSION MET ON NOVEMBER 11 AND RECOMMENDED APPROVAL BY A VOTE OF 8-0.

THE COMMISSIONERS DID HAVE A FEW QUESTIONS ASKING IF THERE WAS A BUILDING ON THE PROPERTY.

STAFF INFORMED THEM THAT IT WAS VACANT PROPERTY AND THAT THERE WAS AN ADJACENT RESIDENTIAL LOT.

I'LL GO BACK JUST A COUPLE OF SLIDES.

THAT RESIDENTIAL LOT IS ZONED SINGLE FAMILY 7.

BUT IF YOU GUYS ARE FAMILIAR WITH THE PROPERTY, THAT IS A DUPLEX.

I WILL ENTERTAIN ANY QUESTIONS THAT YOU MAY HAVE PRIOR TO THE PUBLIC HEARING.

THERE ARE REPRESENTATIVES FOR THE APPLICANT AND THE OWNERSHIP GROUP HERE AS WELL TO ANSWER ANY QUESTIONS THAT YOU MAY HAVE.

>> HEY EMILIO. I NOTICE MOST OF THE SPOTS IN OLD TOWN ARE CENTRAL COMMERCIAL.

IS GENERAL RETAIL MORE RESTRICTIVE THAN CENTRAL COMMERCIAL?

>> IT IS. GENERAL RETAIL ACTUALLY REQUIRES MINIMUM PARKING STANDARDS, WHEREAS CENTRAL COMMERCIAL HAS NO MINIMUM PARKING STANDARDS.

THE USES PRETTY MUCH LINE UP WITH EACH OTHER.

BUT YOU GET A LITTLE BIT OF BENEFIT OF NOT PROVIDING PARKING MINIMUMS WHEN IT COMES TO CENTRAL COMMERCIAL.

>> THAT'S IT. THANK YOU.

>> ANYONE ELSE? I'M GOING TO OPEN THE PUBLIC HEARING AT 7:13. IS THERE ANYBODY IN THERE?

>> WE HAVE A SPEAKER CARD, SIR.

>> OH, I'M SORRY. GO AHEAD.

>> JANICE POLLOCK.

>> THANK YOU, MAYOR, AND COUNCIL.

I'M HERE FOR KAREN JOHNSON.

HER HUSBAND HAS ALZHEIMER'S, AND SO SHE IS THE CAREGIVER, AND SHE CANNOT BE AWAY AT NIGHTTIME.

WE DON'T REALLY HAVE WHAT BUILDING IT WOULD BE ON IT.

IT'S UP TO YOU ALL AND I KNOW THAT YOU WILL HAVE TO APPROVE ANYTHING ONCE IT IS UNDER CONTRACT FOR COMMERCIAL.

OUR QUESTION IS, WHAT CAN IT BE? EVERYTHING AROUND IT IS RETAIL AND COMMERCIAL, AND THERE'S A PARKING LOT, CITY PARKING LOT ACROSS THE STREET.

THEN WE KNOW THE TWO LOTS BEHIND HER SOLD, AND THAT'S GOING TO BE A BIG COMMERCIAL BUILDING.

WE'RE JUST TRYING TO GET IT CHANGED TO COMMERCIAL SO THAT THEN IT'LL HAVE TO BE APPROVED, WHAT CAN BE DONE THERE.

I AM NOT A GOOD PUBLIC SPEAKER.

>> YOU DID GREAT.

>> THANK YOU.

>> THAT'S IT.

>> JUST TO CLARIFY WHAT WAS ASKED OF STAFF IS THAT, ESSENTIALLY, WE HAD A LIST.

THERE WAS A SLIDE, AND I'M SURE EMILIO CAN PUT IT BACK UP IN A SECOND THAT SHOWS ALL THE THINGS THAT FIT UNDER THAT GENERAL RETAIL CLASSIFICATION VERY SIMILAR TO COMMERCIAL.

LIKE I SAID, EMILIO, I'M SURE CAN BRING THE SLIDE BACK UP, BUT JUST IT IS THOSE SIMILAR MINDED COMMERCIAL TYPE THINGS.

IT'S JUST LABELED GENERAL RETAIL SO THAT WE CAN HAVE A PARKING COMPONENT PIECE OF THAT.

>> RIGHT.

[01:45:01]

>> AS YOU CAN SEE, IT CAN BE A BAKERY.

IT CAN BE MANY TYPES OF RETAIL USES.

IF YOU WANTED TO PUT A BOUTIQUE THERE, IF YOU WANTED TO PUT SOME TYPE OF LITTLE RESTAURANT, CONVENIENCE STORE JUST CAN'T HAVE GAS STATION.

BUT THERE'S A LOT OF THINGS THAT ARE ALLOWED BY RIGHT.

ANYTHING IN ANY OF THOSE CATEGORIES WOULD FIT THE SPACE.

IT JUST HAS THE ADDITION OF REQUIRING A CERTAIN NUMBER OF PARKING SPOTS, WHICH IS PREMIUM IN OLD TOWN.

>> RIGHT. IT'S NOT A BIG LOT.

YOU DEAL WITH WHAT YOU CAN DO THERE.

>> I KNOW SHE'S WANTING JUST TO PICK A ZONING BECAUSE THEY'RE GOING TO LOOK AT SELLING THE LOT.

OF COURSE, WHAT WOULD BE LESS RESTRICTIVE AS FAR AS THE PARKING WOULD BE CENTRAL COMMERCIAL? THE ONLY ISSUE IS WE CAN'T GRANT CENTRAL COMMERCIAL BECAUSE GENERAL RETAIL IS MORE RESTRICTIVE, AND SO AT THE COUNCIL, YOU WOULD HAVE TO REAPPLY TO GET CENTRAL COMMERCIAL.

I THINK WE CAN GO MORE RESTRICTIVE AT THE MEETING.

WE JUST CAN'T GO LESS, BUT WE'D HAVE TO RE NOTICE.

I DON'T WANT YOU TO HAVE TO GO THROUGH THE PROCESS AGAIN, SO WE'RE FINE WITH OR AT LEAST I'M FINE WITH THIS.

WE JUST THINKING IN THE FUTURE, AS FAR AS PARKING REQUIREMENTS, YOU WILL HAVE PARKING REQUIREMENTS AS GENERAL RETAIL.

BUT IF WE WERE TO DO IT AS CENTRAL COMMERCIAL, THERE WOULD BE NO PARKING REQUIREMENTS.

YOU COULD HAVE A LITTLE MORE SPACE FOR A BUILDING, EXTRA BUILDING, BUT THAT'S JUST SOMETHING TO THINK ABOUT.

>> THAT'S WHY I'M HERE IS, WHATEVER IS GOING TO BE THE BEST FOR OLD TOWN.

>> I WOULD SAY THIS IS GREAT RIGHT NOW, AND IN THE FUTURE, WHEN THEY TRY TO FIGURE OUT A BUILDING, IF THERE'S A PROBLEM, THEY CAN COME BACK AND WE CAN ALWAYS REZONE IT SOMETHING ELSE, BECAUSE AGAIN, CENTRAL COMMERCIAL ORIGINAL RETAIL ALL FIT WITHIN WHAT OLD TOWN IS SUPPOSED TO BE, AND SO IT SHOULD BE OKAY.

BUT RIGHT NOW TO SAVE TIME AND EVERYTHING, I'M FINE WITH THE WAY IT IS NOW. I THINK IT'D BE GREAT.

>> TELL ME WHAT ARE WE GETTING THEN AS FAR AS-

>> IF WE APPROVE THIS TONIGHT, THEN THAT ZONING WILL CHANGE FROM SF-7 TO GENERAL RETAIL.

IT'S JUST THE USES THAT ARE ON IT.

IT'S JUST A PIECE OF PROPERTY THAT CAN BE SOLD, AND THEN WHOEVER BUYS IT, AS LONG AS THEIR USE MEETS WHAT IS IN THE ZONING, THEN THEY CAN DO IT BY RIGHT, AND THEY'LL HAVE TO GO TO P&Z FOR A SITE PLAN, AND AS LONG AS THERE'S NO WAIVERS, IT JUST KEEPS GOING.

>> GREAT. THANK YOU VERY MUCH.

>> APPRECIATE IT.

>> IS THERE ANYBODY ELSE IN THE AUDIENCE WHO WOULD LIKE TO SPEAK DURING THE PUBLIC HEARING ON THIS ITEM? SEE NO ONE ELSE.

>> THEN I'LL CLOSE THE PUBLIC HEARING AT 7:18.

>> I'LL MOVE TO APPROVE THE ZONING CHANGE.

PASSES TO YOU DALLAS.

>> THANK YOU, MAYOR AND COUNCIL.

[6.B. 2220 W FM 917 (Case 25-285): Hold a public hearing and consider and take possible action on an ordinance for a zoning change request from “A” Agricultural to “GR” General Retail for future development. (First and Final Reading) (Staff Contact: Tony McIlwain, Development Services Director) (The Planning and Zoning Commission recommended approval 8-0)]

THAT BRINGS US TO 6B 2220 WEST FM 917, CASE 25-285.

THIS IS TO HOLD A PUBLIC HEARING AND CONSIDER AND TAKE POSSIBLE ACTION ON AN ORDINANCE FOR A ZONING CHANGE REQUEST FROM A AGRICULTURAL TO GR GENERAL RETAIL FOR FUTURE DEVELOPMENT.

THIS IS BEFORE CITY COUNCIL ON FIRST AND FINAL READING.

THE STAFF PRESENTER ONCE AGAIN IS EMILIO SANCHEZ, DEVELOPMENT SERVICES DEPUTY DIRECTOR.

THANK YOU, MS. CAMPOS. MAYOR, MAYOR PRO TEM, COUNCIL MEMBERS, THIS REQUEST IS FOR 2220 WEST FM 917.

THIS IS AT THE NORTHWEST CORNER OF FM 917 AND CHISHOLM TRAIL PARKWAY.

THE APPLICANT IS VILBIG & ASSOCIATES ENGINEERING ON BEHALF OF KRISTOFFER MADDOX, THE OWNERSHIP GROUP, REQUESTING A ZONING CHANGE FROM AGRICULTURE TO GENERAL RETAIL.

THE MAP ON YOUR LEFT, SCREEN LEFT IS INDICATING THE CURRENT ZONING OF AGRICULTURE AND THE MAP ON YOUR FAR RIGHT IS THE COMPREHENSIVE PLAN AS CHISHOLM TRAIL CORRIDOR.

AGAIN, THE GENERAL RETAIL USES ARE ON YOUR LEFT HAND SCREEN.

THIS IS JUST A PARTIAL LIST OF THOSE USES ALONG WITH THE RIGHT SIDE THAT HAS THE SPECIFIC USE PERMITS THAT ARE REQUIRED FOR GENERAL RETAIL.

THEY ALSO INCLUDED A CONCEPT PLAN OF THE LAYOUT FOR THEIR CONVENIENCE STORE WITH FUEL SALES.

AGAIN, THIS IS JUST THE PRELIMINARY DRAWING, SO THEY STILL HAVE TO GO THROUGH COMMERCIAL SITE PLAN REVIEW ALONG WITH CIVIL ENGINEERING PLANS.