[I. COMMENCEMENT ]
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NOTICE IS HEREBY GIVEN OF A JOINT PUBLIC HEARING BETWEEN THE CITY COUNCIL AND THE PLANNING AND THE ZONING COMMISSION OF THE CITY OF KLUTE, TEXAS TO BE HELD ON THURSDAY, JANUARY 12TH, 2023 AT 7:00 PM FROM THE COUNCIL CHAMBERS OF KLUTE CITY HALL, LOCATED AT 1 0 8 MAIN STREET, GLUTE, TEXAS 77 5 31.
FOR THE BELOW LISTED ITEMS, CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO EXECUTIVE SESSION AT ANY TIME DURING THE COURSE OF THIS MEETING TO DISCUSS ANY MATTERS LISTED ON THE AGENDA AS AUTHORIZED BY THE TEXAS GOVERNMENT CODE, INCLUDING BUT NOT LIMITED TO SECTIONS 5 51 0.071, CONSULTATION WITH AN ATTORNEY, 55001.072 DELIBERATION ABOUT REAL PROPERTY 55 1 0.073 DELIBERATIONS ABOUT GIFTS AND DONATIONS.
55 1 0.076 DELIBERATION ABOUT SECURITY DEVICES 55 1 0.087.
ECONOMIC DEVELOPMENT, 4 1 8 0.17 5.183 DELIBERATIONS ABOUT HOMELAND SECURITY ISSUES AND IS AUTHORIZED BY THE TEXAS TAX CODE, INCLUDING BUT NOT LIMITED IN SECTION 3 2 1 0.3022 SALES TAX INFORMATION.
THE AGENDA, AGENDA, PACKET, AND MEETING LINK INFORMATION ARE POSTED ON THE CITY'S WEBSITE@WWW.GLUTETEXAS.GOV.
PUBLIC COMMENT WILL BE ALLOWED IN PERSON AND WILL OCCUR AT THE BEGINNING OF THE MEETING UNDER THE PUBLIC COMMENT ITEMS. TO REGISTER TO SPEAK OR TO SUBMIT ANY WRITTEN COMMENTS, PLEASE EMAIL CITY CLERK RO YOUR POINT, OFIT@ROSIEKLUTETEXAS.GOV.
AT LEAST TWO HOURS IN ADVANCE OF THE MEETING.
NO REGISTRATION IS REQUIRED FOR PUBLIC COMMENTS DURING THE PUBLIC HEARING PORTION OF THE MEETING.
THE RECORD OF THE MEETING VIDEO WILL BE MADE AVAILABLE UPON WRITTEN REQUEST TO THE, TO THE PUBLIC IN ACCORDANCE WITH THE OPEN MEETINGS ACT.
MEETING HAS NOW BEEN CALLED TO ORDER.
MR. VAUGHN, MR. KEENEY, ONE OF Y'ALL'S CARE TO GIVE US AN INVOCATION.
WE JUST THANK YOU FOR THE PRIVILEGE BEING ABLE TO WAKE UP THIS MORNING AND FOR YOU, USE US LORD AND YOUR WORK.
AND WE JUST ASK THAT YOU'LL BE WITH US TONIGHT.
THE CITY COUNCIL MAKES DECISION THE CITY LORD.
ASK DIRECTOR TO GO ASKED FOR TRAVEL.
GRACE TONIGHT, LORD, FOR THOSE OR GO TO OUR HOME ACCORD, PLEASE ASK FOR PROTECT US LORD.
BLOOD OF THE UNITED STATES OF AMERICA AND REPUBLIC FOR WHICH IT STANDS, ONE NATION, NATION OF GOD, INDIVISIBLE, LIBERTY, JUSTICE FOR ALL.
MEETING HAS NOW BEEN CALLED TO ORDER.
WE'LL HAVE ROLL CALL CALVIN SHIPIT.
TRAVIS QUINN PRESENT FRANCIS VAUGHN.
PRESENT PLANNING AND ZONING COMMISSION CARE TO CALL THEMSELVES TO ORDER AND HAVE ROLL CALL.
WE CALL THE PLAINTIFF'S ZONING ORDER TO ORDER THE ARNOLD BOND PRESENT.
GERALD KENNY, PRESENT ADRIAN APEN PRESENT.
DAVID MCCOY, PRESIDENT MICHAEL DUETTE.
[II. JOINT PUBLIC HEARING- REPLAT- 503 COBB STREET ]
FIRST ITEM TODAY IS A JOINT PUBLIC HEARING FOR A REPLAT OF 5 0 3 COBB STREET.FIRST ITEM IS TO TO UH, THEIR LEGAL REQUIREMENTS.
FIRST ITEM IS TO READ THE NOTICE TO ALL PERSONS AND INTEREST CITIZENS, CORPORATIONS, FIRMS, THEIR AGENTS AND ATTORNEYS AND ALL PERSONS FIRMS AND CORPORATIONS OWNING ANY INTEREST IN LAND LOCATED WITHIN THE CORPORATE LIMITS OR ANY EXTRATERRITORIAL JURISDICTION OF THE CITY OF KLUTE, BRAZORIA COUNTY, TEXAS, OR WITHIN 200 FEET OF THE PROPERTY.
DESCRIBED IN THIS NOTICE NOTICE OF PUBLIC HEARING, A JOINT PUBLIC HEARING OF THE CITY, KLUTE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION WILL BE HELD ON THE 12TH DAY OF JANUARY, 2023 AT 7:00 PM FROM THE CITY HALL, THE CITY OF KLUTE RESORT COUNTY, TEXAS, LOCATED AT 1 0 8 EAST MAIN STREET, KLUTE, TEXAS.
THIS JOINT PUBLIC HILL HEARING WILL BE AVAILABLE FOR VIEW ON THE CITY'S WEBSITE@WWW.KLUTETEXAS.GOV.
AT WHICH TIME AND PLACE THE CITY COUNCIL AND THE PLANNING ZONING COMMISSION WILL CONSIDER THE APPROVAL PURSUANT TO SECTION TWO 12.014 OF THE LOCAL GOVERNMENT CODE FOR A PLAID OF THE FOLLOWING SUBDIVISION LOCATED THERE IN A REPLAT OF THE FOLLOWING PROPERTY, COBB, A 0 0 49 A CALVIN DIVISION 14 B C I C CLTE LOT ONE TRACK, 3 0 1, LOT TWO AND THREE.
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5 0 3 COBB STREET, KLUTE, TEXAS 70 7531.PURPOSE IS TO DIVIDE THREE LOTS INTO TWO LOTS, CREATING TWO LARGER LOTS.
APPOINTMENT CITY CLERK CITY OF KLUTE, TEXAS.
NEXT ITEM IS TO NOTE THE PUBLISHER'S AFFIDAVIT.
IT WAS PUBLISHED THIS, THIS PUBLIC HEARING WAS PUBLISHED IN THE BRAS PORT FAX ON DECEMBER THE 21ST, 2021, I MEAN 2022, EXCUSE ME.
AND NOTE THE LIST OF PROPERTY OWNERS MAILED, NOTIFIED BY MAIL.
THERE WERE 20 CERTIFICATES OF MAILING ZERO RETURN.
SO WE PRESUME ALL 20 WERE DELIVERED.
NEXT ITEM IS TO OPEN THE FLOOR FOR DISCUSSION.
FIRST ITEM OF THOSE IN FAVOR OF THE REPLAT.
SO WE WILL OPEN THE, THE NEXT ITEM WILL BE HERE FROM ANYONE PRESENT THAT'S IN FAVOR OF THE REPLA.
HEARING NONE, WE WILL MOVE TO THOSE OPPOSED TO THE REPLA ALL.
THANK THEY ORIGINALLY HAVE LOTS ONE, TWO, AND THREE.
AND THE HOUSE IS BROUGHT ON TWO OF THE LOTS.
THEY INCREASE THAT LOT TO 85 FEET.
SO THEY'VE GOT LOTS ONE AND TWO.
SO THEY CONDENSE ONE TO CONDENSE IT DOWN FOR THESE TWO LOTS.
ONE WILL BE 65 FEET WIDE AND THE OTHER ONE WILL BE 85 FEET.
YOU GOT, THERE'S PLENTY OF PROPERTY THERE FOR WHAT THEY'RE WANTING TO DO.
WANT TO SETTLE THAT OTHER LOT WHERE THEY CAN BUILD A NEW HOME.
I THINK THAT'S PRETTY MUCH SUMS IT UP.
ANYTHING ELSE? JUST WE GOT IT.
JUST FOR CLARIFICATION, WE'RE TAKING THREE LOTS AND MAKING TWO.
BUT AREN'T WE, I GUESS I'M LOOKING, TRYING TO LOOK AT THE MAP AND FOLLOW IT.
I SEE FOUR AND THERE'S A HOUSE ON ONE OF THE LOTS ALREADY.
THE DOTTED LINE IS, OH, WAS THE SECOND ONE.
THE DOTTED LINE REPRESENT ONE OF THE LOTS.
SO THE HOUSE WAS ACTUALLY STRADDLING TWO, TWO LOTS.
ALRIGHT, ANYTHING ELSE? WE GOOD? SO EVIDENTLY THESE WERE ORIGINALLY 50 FOOT LOTS, SIR.
EVIDENTLY THESE WERE ORIGINALLY 50 FOOT LOTS.
YOU GOT A HUNDRED AND WELL, 65 AND 85.
THREE LOTS WILLIAM, 3 3, 3 LOTS WOULD'VE BEEN 50 FOOT EACH.
SO NOW BOTH OF THESE LOTS ARE WITHIN THE CURRENT, THE CURRENT REQUIREMENTS FOR THE CITY AT 65 AND 85.
OH YEAH, YOU GOT 8,500 AND UH, YOU GOT EIGHT 8,775 ON THE SMALLER ONE.
AND THEN, UH, 11,475 ON THE LARGE ONE.
SO WHERE'S THE NEW HOUSE GONNA GO ON THIS, THIS BLOCK, THE NEW PROPOSED BLOCK.
I'M JUST NOT FOLLOWING THE MAP.
THE NEW PROPOSED BLOCK WOULD BE RIGHT HERE.
I WAS SEEING THAT AS ANOTHER STRUCTURE.
THE ORIGINAL HOUSE, THE ORIGINAL HOUSE IS SPLITTING THE LOT.
THE, I GUESS GUESS CAUSE IT'S ONLY A ONE BEDROOM AND BUILD IT IN FRONT OF THAT IF IT'S POSSIBLE.
THAT'S WHAT WE'RE WANTING TO DO, YOU KNOW, FOR FAMILY.
THEY KNOW, LIKE THEY COME AND VISIT.
ID LIKE TO HAVE ANOTHER OWN LITTLE, UH, PRIVACY.
IF I COULD KEEP IT, I WOULD LIKE TO, IF Y'ALL LET ME, I'LL FIX IT UP AND WE'LL
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ADD IT TO THE NEW ONE.SO YOU'RE WANTING TO PUT A NEW ONE ON THIS LOT? ON THE BIGGER LOT.
ON THE BIGGER LOT AND, AND SELLING THIS ONE.
THAT'S WHERE I GOT IT MIXED UP.
SO NOW THAT'S, I, UH, WE'RE ONLY ALLOWED ONE DWELLING.
SO IN, IN THAT CASE THEN THEY WILL BE TAKEN DOWN THAT I KNOW HOUSE DOWN RULES, YOU KNOW, BACK IN THE OLD DAYS, YOU KNOW, DIFFERENT.
IF IT HAS TO, THEN WE WILL COMMIT AND, OKAY.
OKAY, TAKE, SO WHAT IS, WHAT IS LISTED HERE NOW IS LOT ONE A ACTUALLY DOESN'T HAVE ANYTHING ON IT, RIGHT? THAT'S ON THE RIGHT HAND SIDE? YES.
YEAH, NO, YEAH, THE WESTERN SIDE.
NOW WE'LL REMOVED TO THOSE OPPOSED TO THE REPLANT.
FIRST ITEM IS TO READ LETTERS FROM CITIZENS OPPOSED TO THE REPLAT.
NEXT ITEM WOULD BE TO HEAR FROM ANYONE PRESENT.
WE WILL HEAR COMMENTS FROM PLANNING AND ZONING COMMISSION.
OUR ONLY COMMENT WAS THAT WAS FIRST WE HEARD ABOUT THEY WERE PROPOSING THE WILL THE HOUSE IN FRONT OF, WE JUST WAS ASSUMING PUTTING IT IN THE TWO BLOCKS.
SO I'M GLAD THEY CLARIFIED THAT PART, SO, OKAY.
NEXT ITD WILL BE COMMENT FROM MAYOR CITY COUNCIL.
MORE BUILD A HOUSE THAT PUTS TAXES ON THEM.
NEXT ITD WOULD BE CLOSED DISCUSSION AND HEAR A RECOMMENDATION FROM PLANNING AND ZONING COMMISSION.
I'LL MAKE A MOTION THAT WE APPROVE THE RE THE REPLA.
NEXT ITEM WOULD BE CONSIDERATION OF POSSIBLE ACTION CITY COUNCIL TO APPROVE THE RECOMMENDATION OF THE, TO APPROVE OR DENY THE RECOMMENDATION FROM THE PLANNING IS ZONING COMMISSION THAT THE REPLAT FOR THIS PROPERTY BE GRANTED.
HAVE A MOTION BY COUNCILMAN COUNCILPERSON, UH, MADDOCKS TO APPROVE THE REPLAT.
AND A SECOND BY COUNCILMAN QUINN.
ANY FURTHER DISCUSSION? ANY FURTHER QUESTIONS, COMMENTS? HEARING NONE, I'LL ENTERTAIN A VOTE.
UNANIMOUS PLANNING AND THE ZONING CARE TO ADJOURN.
WILL WE ADJOURN? I'LL SECOND YOU HAVE A MOTION TO SECOND.
[III. ADJOURN JOINT PUBLIC HEARINGS ]
HEARING IS NOW ADJOURNED.THERE'LL BE NO MORE COMMENTS ON THIS.
AND THE CITY COUNCIL WILL MOVE INTO THE REGULAR COUNCIL MEETING.
[IV. CITIZENS/VISITORS COMMENTS ]
AND THE FIRST ITEM ON TONIGHT'S AGENDA IS CITIZENS VISITORS COMMENTS.THIS IS AN OPPORTUNITY FOR CITIZENS OR VISITORS TO SPEAK TO COUNCIL RELATED TO AN AGENDA OR NON-GENDERED ITEM.
SPEAKERS ARE ADVISED THAT COMMENTS CANNOT BE RECEIVED ON MATTERS, WHICH ARE SUBJECT OF THE PUBLIC HEARING.
ONCE THE PUBLIC HEARING HAS BEEN CLOSED, SPEAKERS ARE REQUIRED TO REGISTER IN ADVANCE ENOUGH, LIMIT THEIR PRESENTATION TO FIVE MINUTES EACH.
UH, WE'LL ALSO REMIND EVERYONE THAT SINCE WE WILL BE RECEIVING COMMENTS ON AN ITEM THAT IS NOT ATTENDED, ALL THAT THE CITY COUNCIL CAN DO IS LISTEN AND CAN TAKE NO ACTION.
UM, SO THAT BEING SAID, MR. MS. BUSBY, Y'ALL ARE UP.
UM, UH, MY NAME IS MARK BUSBY AND I WANT TO THANK Y'ALL FOR THE OPPORTUNITY TO SPEAK AND THANK THE STAFF FOR SOME OF THE INFORMATION THAT I'VE PUT TOGETHER HERE.
DO Y'ALL HAVE THAT HANDOUT? MM-HMM.
IS THERE ANY WAY TO PUT THAT ON THE SCREEN? IF IT IS, THAT WOULD BE GREAT.
UM, THE SUBJECT OF MY COMMENTS ARE CONCERNS, A NOTIFICATION
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FOR THE OCTOBER 27TH MEETING IN 2022, UH, CONCERNING THE REPLAT OF SECTION EIGHT IN WOODFORD.AND, UH, THE SUMMARY OF WHAT I WANT TO TALK ABOUT IS I WAS NOT NOTIFIED OF THIS HEARING AND MY PROPERTY, WHICH IS IN SECTION THREE, LOT ONE IS ADJACENT TO SECTION EIGHT.
SO HERE NOW I'VE INCLUDED ON PAGE ONE AND, UH, CUT OUT A LITTLE EXCERPT FROM THAT MEETING AGENDA.
AND I JUST WANTED TO POINT OUT THAT, UH, UH, ON THE, THE LEGAL DESCRIPTION OF THE, THE MATTER UNDER CONSIDERATION WAS THE ENTIRE 7.03 ACRES OF SECTION EIGHT.
IT DOESN'T REFER TO A SPECIFIC POINT OR ANY PORTION OF SECTION EIGHT, THE, THE ENTIRE SECTION.
AND, UM, AND I'M, I'M NOT HERE TO DISCUSSION THE SECTION EIGHT, BUT ONLY THE NOTIFICATION, WHICH I DIDN'T RECEIVE.
THIS IS, UH, THE, UH, RIGHT OUT OF THE, UH, AGENDA FOR THE, UH, OCTOBER 27TH MEETING.
AND THE ONLY THING I WANTED TO NOTE, IT'S A LITTLE HARD TO SEE BECAUSE THAT'S VERTICAL, BUT, UH, IF YOU TURN IT SIDEWAYS, THE, UH, THIS BAT HAS A NICE SCALE ON THE SIDE, WHICH IS 200 FEET, WHICH I THINK Y'ALL REFERRED TO AS THE DISTANCE FROM A PROPERTY THAT PEOPLE NEED TO BE NOTIFIED.
SO THEN MOVING IT ON TO THE NEXT PAGE, PAGE THREE'S, SORRY, MOVE SO FAST.
BUT WE ONLY DID A FEW MINUTES.
SO, UM, FROM THE SAME MAP, I TOOK THAT SAME MAP AND I JUST BLEW IT UP ON MY COMPUTER AND I WENT AHEAD AND, UM, HIGHLIGHTED A FEW AREAS.
AND, UM, JUST FOR PEOPLE THAT ARE NOT FAMILIAR WITH THAT AREA, SO THAT THEY COULD, UH, ORIENTATE THEMSELVES TO WHERE EXACTLY THIS IS, YOU CAN SEE IF YOU'RE FAMILIAR AT ALL WITH WOOD SHORE, YOU CAN SEE THE ROUNDABOUT, WHICH, UH, EVERYBODY'S PROBABLY BEEN BY.
AND THEN AT THE TOP OF THAT MAP, WHICH YOU CAN'T SEE ON THE SCREEN, IS WOR CREEK DRIVE.
AND RIGHT ON THE VERY RIGHT OF THE MAP THAT THAT SECTION EIGHT ACTUALLY WILL BORDER AN EXISTING LAKE THAT'S IN WOOD SHORE.
I JUST USING IT FOR ORIENTATION.
AND I WENT AHEAD AND CIRCLED THE PROPERTY THAT I OWN WHERE, WHERE I LIVE.
AND YOU CAN SEE THAT KIND IN THE CENTER OF THE MAP.
GOING TO THE NEXT PAGE, THIS IS FROM GOOGLE MAPS.
AND ON THIS, THIS IS, UM, I TOOK GOOGLE MAPS AND I WENT AHEAD AND, AND BECAUSE ALL THE MAPS HAD SCALES, I RESCALED THE, UM, THE SECTION EIGHT AND I SUPERIMPOSED IT ON THIS MAP.
AND THE, UM, UM, I AM, I'M NOT A PHOTOGRAPHER, UH, BUT I THINK YOU CAN SEE THAT THE SECTION EIGHT, IT TOUCHES ALL THE BOUNDARIES WHERE WE TALKED, WHAT I TALKED ABOUT ON THE PREVIOUS SLIDE, WHERE IT TOUCHES THE LITTLE LAKE, THE TOP IS AT OYSTER CREEK.
SO I BELIEVE IT'S A PRETTY GOOD REPRESENTATION OF WHERE SECTION EIGHT IS RELATIVE TO THE, UH, NEARBY PROPERTY.
THE HOUSE THAT'S SHOWN ON THIS MAP, THAT'S MY HOUSE.
AND, UH, I JUST WANTED TO POINT OUT, EVERYBODY'S FAMILIAR, I'M SURE WITH THE ORIGINAL BUCKY'S AND, UM, WANTED TO POINT OUT THAT BUCKY'S RECEIVED A NOTICE, BUT I DIDN'T.
SO GOING TO THE, THE NEXT PAGE, WHICH IS, UM, ONCE AGAIN, THIS IS SIMPLY THE, THE ORIGINAL SECTION EIGHT PLAT PLAN, WHICH WAS IN THE PACKET.
THE ONLY DIFFERENCE IS I BOLDED THE, UM, THE EDGES OF SECTION EIGHT SINCE THERE'S AN AWFUL LOT OF LINES OUT THERE, A LOT OF PROPERTY, SO IT CAN BE MORE EASILY SEEN.
AND I WENT AHEAD AND PUT A DOTTED RED LINE AROUND IT USING THE SCALE THAT WAS CONVENIENTLY LOCATED ON THE MAP TO SHOW HOW FAR 200 FEET IS FROM THE EDGE OF THE PROPERTY.
AND I THINK YOU CAN SEE RIGHT AWAY, THERE'S A LOT OF, LOT OF PROPERTY THERE.
A LOT OF PEOPLE LIVED THERE, BUT ONLY TWO, TWO NOTICES WERE SENT OUT.
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TO THE LAST SLIDE, JUST TURN THAT THE OTHER WAY.WELL, UH, I PUT IN A QUOTE FROM A BOB DYLAN SONG, WHICH IS, YOU DON'T NEED TO BE A WEATHERMAN TO KNOW WHICH WAY THE WINDS BLOW.
AND, UH, I THOUGHT I WAS REAL CLEVER, BUT I FIND OUT NOW THAT THAT SONG'S ACTUALLY USED THE LYRICS FROM THAT MEETINGS ALL OVER THE US.
IT'S THE MOST COMMONLY USED QUOTE TO POINT OUT SOMETHING THAT'S RIDICULOUS.
AND THE SECOND PART IS MY BOOK, WHICH IS YOU DON'T HAVE TO BE AN EXPERT TO SEE THAT THE NOTIFICATION FOR THAT MEETING COULD HAVE BEEN DONE A LITTLE BETTER.
SO WHAT AM I REQUESTING? THAT MEETING'S ALREADY COMING AND GONE.
SO I WOULD LIKE, UH, FIRST OFF, I KNOW I WENT REALLY FAST, SO I WOULD SAY TO THE COUNCIL OR ANYBODY ELSE, IF YOU HAVE ANY QUESTIONS, ANYTHING THAT'S UNCLEAR, LET ME KNOW.
SO IF YOU WANT TO CONTACT ME, I'LL GIVE YOU MY PHONE NUMBER.
THE, UH, SECOND THING WOULD LIKE TO, AN ACKNOWLEDGEMENT THAT THE PROCESS USED TO DETERMINE WHO SHOULD BE NOTIFIED COULD BE IMPROVED.
AND THE THIRD THING, A COMMITMENT TO DO A LITTLE BETTER IN THE FUTURE.
MY NAME IS SHIRLEY BUSBY AND I LIVE WITH HIM AT 1 0 8 WOOD SHORE CROSSING.
AND AS MY HUSBAND SAID, WE'RE BASICALLY HERE TO STATE THAT WE FEEL THAT THE PUBLIC HEARING THAT WAS HELD OCTOBER 27TH IS INVALID SIMPLY BECAUSE YOU DID NOT MEET THE REQUIREMENTS OF YOUR ORDINANCE IN NOTIFICATION.
WE ONLY FOUND OUT ABOUT THE REPLAT OF THAT AREA AROUND THANKSGIVING WHEN WE WERE INFORMED BY A NEIGHBOR, SAID, OH, DID YOU HEAR? AND SAID, NO, WE DIDN'T HEAR, SAID, HOW DID YOU HEAR? AND THEY SAID, WELL, WE READ ON, UH, ON FACEBOOK.
UH, NIKKI MADDOX HAD POSTED SOMETHING ABOUT A MEETING OCTOBER 27TH.
WE SAID, WELL, THAT'S STRANGE BECAUSE THAT'S RIGHT BEHIND OUR HOUSE.
WE NEVER RECEIVED A NOTIFICATION.
NOW, I WILL TELL YOU, I'VE BEEN IN BRASSEL PORT OVER 60 YEARS.
I'VE LIVED IN THE CITY OF KLUTE FOR WELL OVER HALF MY LIFE, UH, VERY ACTIVE IN PAST EMPLOYMENT.
I HAVE WORKED FOR AN ATTORNEY.
I HAVE WORKED FOR A CITY AS A CITY SECRETARY.
WELL VERSED IN WORKING WITH PLANNING COMMISSION, CITY COUNCIL'S, PUBLIC HEARINGS, PUBLIC NOTICES AND THAT SORT OF THING.
SO I KNOW THE PROCESS OF PLANNING AND ZONING AND, AND NOTIFICATIONS.
SO I WANNA LET YOU KNOW THAT, THAT I DO KNOW FROM WHERE I SPEAK WITH REGARD TO NOTIFICATIONS, PROBABLY MAYBE THREE, FOUR DOZEN PEOPLE IN THE CITY OF CLETE ARE REALLY AWARE OF ZONING AND PLANNING ORDINANCES.
UH, BUT I AM, WHEN WE CAME AND WE ADDRESSED THE, UH, WE TALKED TO MR. SNIPES AND, UH, NIKKI, UM, WE PRESENTED OUR CASE AND WE WERE TOLD THAT YOU WEREN'T NOTIFIED BECAUSE YOU'RE 800 FEET AWAY.
AND IF YOU'RE LOOKING AT THE MAPS, YOU CAN SEE WHY WE WERE A LITTLE CONFUSED.
800 FEET AWAY, IT'S IN MY BACKYARD.
SO WE ASKED, WHERE DID YOU MEASURE FROM? BECAUSE WE DON'T KNOW WHAT, WHERE 800 FEET IS, AND IT'S ABOUT TWO THIRDS OF THE WAY FROM OUR HOUSE TO BUCKY'S.
IT'S ABOUT TWO AND A HALF FOOTBALL FIELDS.
AND I TELL YOU, IT'S ON THE OTHER SIDE OF MY FENCE.
SO WE WERE SOMEWHAT CONFUSED AND WE HAD ASKED SEVERAL TIMES, CAN YOU GIVE US THAT POINT OF MEASUREMENT WHERE YOU MEASURED THE 200 FEET AROUND THE PROPERTY? WE HAVEN'T HEARD, WE DON'T KNOW HOW THAT WAS FIGURED.
UM, DO YOU KNOW THERE THEIR MISTAKES, DEAR TO LIFE LESSONS? AND IF YOU'LL JUST INDULGE ME FOR JUST HALF A SECOND, I'VE GOT A 15 YEAR OLD GRANDDAUGHTER THAT LIVES IN FORT WORTH.
AND SO I'VE TAKEN TO WRITING HER A LETTER ABOUT ONCE A MONTH.
SO BACK IN APRIL, LONG BEFORE THIS EVER HAPPENED, I WROTE HER ABOUT
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LIFE LESSONS.AND SO I SAID, I'LL TRY TO START WITH THE FIRST OF WHAT I FEEL IS ONE OF THE MOST IMPORTANT LIFE LESSONS.
AND IT'S ALWAYS DO THE RIGHT THING.
IT'S NOT EASY AS IT SOUNDS BECAUSE A LOT OF TIMES WE DON'T KNOW WHAT IS THE RIGHT THING.
SOMETIMES WE TRY TO DO THE RIGHT THING, BUT THEN FIND OUT AFTERWARDS THAT IT WAS ACTUALLY THE WRONG THING, BUT OUR INTENTIONS WERE GOOD.
MAYBE WE JUST DIDN'T KNOW EVERYTHING WE NEEDED TO KNOW.
IF YOU EVER FIND YOURSELF IN THAT POSITION AND YOU END UP DOING THE WRONG THING BY MISTAKE, DON'T MAKE EXCUSES, JUST OWN UP TO YOUR MISTAKE.
IT MAY BE HARD TO DO, BUT TRUST ME, IT WILL SERVE YOU WELL JUST TO ACKNOWLEDGE YOUR MISTAKE, NOT MAKE EXCUSES, LIE OR BLAME SOMEONE ELSE.
I'VE LEARNED THIS LESSON MANY TIMES IN MY LIFE, MAKING UP A STORY OR BLAMING SOMEONE ELSE, NEVER WORKS OUT.
SOMEONE WILL ALWAYS FIND OUT THE TRUTH, IF NOT TODAY, THEN LATER, AND THEN MAYBE THEY MAY HAVE TROUBLE TRUSTING ANYTHING YOU SAY.
AGAIN, IF YOU BLAME SOMEONE ELSE, THEN YOU MAY HURT THAT PERSON, YOUR FRIENDSHIP, THEIR CREDIBILITY, OR EVEN IN SOME INSTANCES, THEIR LIVELIHOOD.
AS LONG AS YOU'RE ALWAYS TRYING TO DO THE RIGHT THING, YOU'LL BE OKAY.
AND I DID PUT A DISCLAIMER, PLEASE BE ADVISED THAT THE ABOVE INFORMATION IS NOT AN ADMISSION OF EVER HAVING DONE ANYTHING WRONG AT ANY TIME IN MY LIFE.
SO WITH THAT BEING SAID, LIKE MY HUSBAND SAID, WHAT IS IT THAT I WANT? ALL I WANT IS AN ACKNOWLEDGEMENT THAT MAYBE A MISTAKE WAS MADE, AN APOLOGY WOULD BE NICE, AND NOT JUST TO ME, BUT AN APOLOGY TO ALL THE NEIGHBORS WHOSE PROPERTY ARE, IS BEING AFFECTED AND DIDN'T HAVE THAT OPPORTUNITY TO COME AND SPEAK AT A PUBLIC HEARING THAT MAYBE WERE WERE DENIED OUR DUE PROCESS.
AND THEN AGAIN, LIKE MY HUSBAND SAID, WE JUST ASKED THAT YOU DO A BETTER JOB IF IT LOOKS LIKE THERE'S A BIG PLOT OF LAND AND THERE'S 200 HOUSES IN THAT SUBDIVISION AND ONLY TWO NOTICES GO OUT, IT MIGHT RAISE A QUESTION JUST SAYING THANK YOU.
OKAY, WE APPRECIATE Y'ALLS, UH, INPUT AND WE WILL CERTAINLY TAKE IT IN UNDER A ADVISEMENT.
AND IF THERE'S ANY CORRECT DEVICE AND THAT NEEDS TO BE TAKEN, WE'LL TAKE IT.
[V. CONSENT AGENDA ]
NEXT ITEM ON THE TONIGHT'S AGENDA IS THE CONSENT AGENDA I HAVE LISTED UNDER THE CONSENT AGENDA CONSIDERED ROUTINE AND GENERALLY ENACTED IN ONE MOTION, THE EXCEPTION TO THE RULES THAT COUNCIL MEMBERS MAY REQUIRE ONE OR MORE OVER THE ITEMS BE REMOVED FROM THE CONSENT AGENDA FOR A SEPARATE ACTION.TONIGHT'S AGENDA CONSISTS OF MINUTES FROM A REGULAR COUNCIL MEETING DECEMBER THE EIGHTH, 2022, AND A SPECIAL COUNCIL MEETING DECEMBER THE 20TH, 2022.
CONSIDER A MOTION TO APPROVE THE CONSENT AGENDA SHALL MOVE.
DO I HAVE A SECOND? I'LL MOVED BY.
MADS, ANY ITEMS NEED TO BE REMOVED? ANY DISCUSSION? HEARING NONE, I'LL ENTERTAIN A VOTE.
UNANIMOUS THE MEETING, THE CONSENT AGENDA HAS BEEN ROOM.
[VI. BUSINESS ITEMS ]
WOULD BE THE BUSINESS ITEMS. AND THE FIRST ITEM IS PROCLAMATION DECLARING JANUARY THE 22ND THROUGH 28TH, THE SCHOOL CHOICE WEEK AND CITY OF CLUE PROCLAMATION.WHEREAS ALL CHILDREN INCLUDE, UH, SHOULD HAVE ACCESS TO THE HIGHEST QUALITY EDUCATION POSSIBLE.
AND WHEREAS KLUTE RECOGNIZES THE IMPORTANT ROLE THAT AN EFFECTIVE EDUCATION PLAYS IN PREPARING ALL STUDENTS INCLUDE TO BE SUCCESSFUL ADULTS.
AND WHEREAS QUALITY EDUCATION IS A CRITICAL, IS CRITICALLY IMPORTANT TO THE ECONOMIC VITALITY
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OF KLUTE.AND WHEREAS KLUTE IS HOME TO MULTITUDE OF HIGH QUALITY PUBLIC AND NON-PUBLIC SCHOOL FROM WHICH PARENTS CAN CHOOSE FOR THEIR CHILDREN, IN ADDITION TO FAMILIES WHO EDUCATE THEIR CHILDREN IN THEIR HOME.
AND WHEREAS EDUCATIONAL VARIETY NOT ONLY HELPS TO DIVERSIFY OUR ECONOMY, BUT ALSO ENHANCES THE VIBRANCY OF OUR COMMUNITY.
AND WHEREAS INCLUDE HAS MANY HIGH QUALITY TEACHING PROFESSIONALS, ALL TYPES OF SCHOOL SETTINGS WHO ARE COMMITTED TO EDUCATING OUR CHILDREN.
AND WHEREAS SCHOOL CHOICE WEEK IS CELEBRATED ACROSS THE COUNTRY BY MILLIONS OF STUDENTS, PARENTS, EDUCATORS, SCHOOLS, AND ORGANIZATIONS TO RAISE AWARENESS OF THE NEED FOR EFFECTIVE EDUCATIONAL OPTIONS.
NOW, THEREFORE, OUR CALVIN SHIFFLET DO HEREBY RECOGNIZE JANUARY THE 22ND THROUGH 28TH, 2023 AS KLUTE SCHOOL CHOICE WEEK.
AND I CALL THIS OBSERVANCE TO THE ATTENTION OF ALL OUR CITIZENS, A WITNESS WERE OF HERE TO SET MY HAND AND CAUSE THE SEAL OF THE CITY OF KLUTE TO BE AFFIXED THIS 12TH DAY OF JANUARY, 2023.
IT WOULD BE SIGNED BY MYSELF AND TESTED BY ROSE APPOINTMENT CITY, CLERK CITY INCLUDE DETECTIVE.
NEXT ITEM WILL BE A PRESENTATION FOR THE US ARMY CORPS OF ENGINEERS, GALVESTON DISTRICT, SABINE PASS TO GALVESTON BAY COASTAL STORM RISK MANAGEMENT PROGRAM.
WE HAVE SOME FOLKS WITH US TONIGHT FROM, FROM THE CORE AS WELL AS VELASCO GRAE.
I'M THE PROJECT MANAGER FOR THE CORE OF ENGINEERS.
UM, I'M THE PROJECT MANAGER FOR THE FREEPORT AND VICINITY PROJECT OF THE SABINA GALVESTON PROGRAM.
UM, I WOULD ALSO LIKE TO ACKNOWLEDGE OUR NON-FEDERAL SPONSOR FROM VELASCO DRAINAGE DISTRICT.
UH, WE HAVE MR. CHRIS GALLIAN, DAVID YOUNGBLOOD, AND UH, JOE WILLIAMS HERE.
SO, UM, AGAIN, I WOULD LIKE TO THANK YOU GUYS FOR ALLOWING US TO BE HERE AND GIVING YOU A PRESENTATION OF A STATUS AND OVERVIEW OF WHERE WE'RE AT WITH THE PROJECT RIGHT NOW.
SO, THE ORIGIN OF THIS PROJECT, UM, IT, IT CAME ABOUT FROM THE SABINA GALVESTON STUDY THAT WAS COMPLETED BACK IN 2017.
UM, THAT STUDY CONSISTS OF THREE ELEMENTS, UM, ONE BEING THE FREEPORT EXISTING LEVY SYSTEM TO IMPROVE THE EXISTING LEV SYSTEM AT FREEPORT.
ALSO IMPROVE THE EXISTING LEVY SYSTEM AT PORT ARTHUR AND BUILD A BRAND NEW APPROXIMATELY 27 MILE SYSTEM AT ORANGE.
UM, THIS IS THE BEGINNING OF A, A COASTAL REGIONAL APPROACH FOR A STRONGER AND MORE, MORE RESILIENT COAST, UH, ALONG OUR COASTLINE.
THIS WILL ALSO INCLUDE THE, UH, COASTAL TEXAS STUDY THAT WAS JUST, THE STUDY WAS JUST COMPLETED AS WELL.
AND PRETTY SOON YOU'LL GO INTO THE NEXT PHASE TO GO TO THE DESIGN AND EVENTUALLY CONSTRUCTION.
SO A AGAIN, THIS THIS REGION APPROACH IS, IS REALLY OUR PLAN IS TO, TO HELP AND FROM A REGION WIDE RISK REDUCE THE, UH, FLOODING FROM COASTAL STORM SURGE, UM, AND AGAIN, AND ALSO ADDING SOME ECOSYSTEM ALONG THE COASTS, WHICH IS, IT'S JUST GONNA HELP.
SOME OF THE PROJECT FEATURES THAT WE HAVE, UM, AND AGAIN, THESE, THESE FEATURES, THESE CONSTRUCTION FEATURES ARE, ARE, THE OBJECTIVE OF THIS IS TO, TO PREVENT DAMAGES TO THE STRUCTURE AND TO CRITICAL INFRASTRUCTURE AND OF COURSE LIFE.
UM, SO SOME OF THE PROJECT FEATURES THAT WOULD HAVE AROUND THE SYSTEM WOULD BE IMPROVING THE, UH, EYEWALL AND TWA AND ADDING SOME NEW TWA AND RACING, UM, APPROXIMATELY 12 NINE TO 13 MILES OF LEVEE SYSTEM.
WE'RE STILL, WE'RE STILL LOOKING AND, AND REEVALUATING THE ENTIRE SYSTEM.
SO, SO REALLY THE, THE AMOUNT OF MILES THAT WE'RE GONNA RAISE AND ALSO THE MILE, UH, MILES OF FLOOD WALL THAT'S GONNA BE CONSTRUCTED.
IT'S APPROXIMATELY RIGHT NOW WE HAVE FIVE MILES OF FLOOD WALL IN ANYWHERE FROM MAYBE NINE TO 12 MILES OF, OF LEVEE RACE AND, AND THE HEIGHT OF THE RACE OF THE LEVY.
THAT'S ALSO, THAT WE'RE STILL, THAT'S SOMETHING THAT WE'RE STILL LOOKING AT IN, IN THE, UH, PROJECT AND, UH, ENGINEERING DEVELOPMENT PHASE.
UM, OTHER FEATURES THAT WE WOULD HAVE IS THE CONSTRUCTION OF A NEW, UM, VERTICAL LIFT GATE AT THE DOW BARS CANAL.
THIS, THIS LIFT GATE IS ALSO TO BE DETERMINED.
UM, THERE IS ONE OPTION WHERE WE COULD BUILD, DEPENDING ON, UH, OF THE HEIGHT OF THE LEVEES THERE, WE MIGHT NOT NEED A LIFT GATE.
UM, IF WE DO END UP BUILDING A LIFT GATE AT THE DOW BARGE CANAL, WE WOULD ALSO BUILD A DRAINAGE STRUCTURE, UH, AT THE NORTH SIDE OF THE, OF THE, UH, DOW BARGE CANAL.
AND WE HAVE BEEN VERY, UH, WORKING VERY CLOSELY, NOT ONLY WITH AN VEAL SPONSOR, UH, V D D, BUT ALSO DOW.
SO, AND WE CONTINUE TO, TO WORK WITH THEM TO MAKE, TO SEE WHAT IT IS THAT WE'RE GONNA BUILD OR WE MIGHT NOT NEED TO, UH, GET IT.
ALSO, AGAIN, THAT'S STILL TO BE DETERMINED.
UM, OTHER FEATURES THAT WE HAVE ARE ROAD CLOSURES.
THOSE ROAD CLOSURES ARE NOT IN PUBLIC ROADS.
UM, IF WE DO DO ANY ROAD CLOSURES, THAT WILL BE, THOSE WILL BE IN INDUSTRY PRIVATE ROADS,
[00:35:01]
LIKE AROUND, AROUND THE PORT AND DOO.SO, OUR PROJECT SCHEDULE AND TIMELINE, UM, THIS PROJECT, AGAIN, THE, THE FEASIBILITY STUDY WAS COMPLETE IN 2017.
UH, FROM THERE THE STUDY DID GET AUTHORIZED AND FULLY FUNDED BY CONGRESS THROUGH THE BIPARTISAN BUDGET ACT OF 2018.
UM, WE AWARDED OUR FIRST DESIGN CONTRACT IN 2019.
UM, AND ORIGINALLY, UH, WE WERE IN A COMPLETE DESIGN THIS YEAR, BUT AGAIN, DUE TO THE FACT OF US REEVALUATING THE SYSTEM, UM, MAIN REASON IS WE WE'RE REALLY TRYING TO DO A MAJOR COST SAVINGS.
UH, NOT ONLY FOR US, BUT FOR OUR NON-FEDERAL SPONSOR.
SO WE'RE, WE'RE REALLY LOOKING AT EVERYTHING.
WE CONTINUE TO, TO TALK TO, NOT ONLY WITH OUR NON-FEDERAL SPONSOR, BUT WITH ALL THE STAKEHOLDERS, UH, TO MAKE SURE THAT WE GET, THAT WE GET THE RIGHT PROJECT FOR EVERYBODY.
UM, CURRENTLY WE'RE, WE ARE LOOKING TO COMPLETING THIS PROJECT, OUR FIRST CONSTRUCTION CONTRACT, I APOLOGIZE NOW, WE'RE LOOKING TO AWARD THAT IN 2025 WITH COMPLETING IN 2028 ON THE FUNDING SIDE.
SO THIS PROJECT FROM THE BIPARTISAN BUDGET ACT, IT DID GET, UH, LIKE I SAID, IT GOT AUTHORIZED BY CONGRESS TO GO STRAIGHT INTO CONSTRUCTION.
IT ALSO GOT FULLY FUNDED FOR APPROXIMATELY 703 MILLION.
THAT 703 MILLION IS COST YEAR WITH A NON-FEDERAL SPONSOR, 65 FEDERAL, 35 NON-FEDERAL.
NOW, I DO WANNA, UM, EMPHASIZE THAT JUST CUZ THEY GAVE US, AND WE HAVE FULLY FUNDED 703 MILLION, WE'RE NOT GONNA GO JUST AND BUILD A PROJECT AT THAT COST.
UM, WE ARE LOOKING VERY CLOSELY AT, AT, TO MAKE SURE THAT WE HAVE THE RIGHT PROJECT, THE PROJECT THAT OUR NON-FEDERAL SPONSOR THAT, THAT THEY WANT AND THAT THEY'RE GONNA BE ABLE TO MANAGE IN THE FUTURE.
AND OF COURSE, THAT IT MEETS THE, THE AUTHORITY FROM FROM OUR SIDE.
SO, SO THAT'S WHY THERE, THERE'S, THERE'S BEEN SOME DELAYS IN, IN DESIGN, BUT AGAIN, IT'S MAINLY TO FOR COST SAVINGS AND WE WANNA MAKE SURE THAT WE, THAT WE DO IT RIGHT.
UM, SO I DO NEXT COUPLE SLIDES.
I'LL GO AHEAD AND GIVE A OVERVIEW OF THE PROJECTS OF THE CONTRACT.
UM, AS YOU CAN SEE THE DARK GREEN, OR YOU MIGHT NOT BE ABLE TO SEE IT.
UH, DARK GREEN IS THE EXISTING LEVEE SYSTEM, THE HIGHLIGHTED GREEN OVER IT.
UM, THAT'S THE, WHAT WE'RE LOOKING RIGHT NOW FOR LEVEE RACES.
AND THEN THE RED PORTIONS, THOSE ARE THE FLOOD WALLS.
UM, SO THIS, THIS IS, THE FIRST CONTRACT IS FPV ZERO TWO, AND FPV STANDS FOR FREEPORT AND VICINITY.
UM, THIS IS THE DOW BARGE CANAL.
SO YOU CAN SEE THE, THE RED, SMALL RED LINE, THE BOTTOM OF THE DOW BARGE CANAL, THAT, THAT'S WHERE WE'RE PROPOSING THE CONSTRUCTION IN THAT LIFT GATE.
AND THEN AT THE TOP, UM, THE LITTLE GREEN CIRCLE, THAT WOULD BE THE DRAINING STRUCTURE THAT THAT WAS, THAT'S THE OPTION THAT WE HAVE RIGHT NOW.
UM, AND AGAIN, I DO WANT TO BRING UP THAT WE ARE LOOKING AT THE FACT THAT WE, WE MIGHT NOT NEED A LIFT GATE.
THAT'S STILL TO BE DETERMINED.
UM, IF WE DON'T NEED A LIFT GATE, THAT'S A HUGE MAJOR COST SAVINGS ON THAT, ON THAT SIDE.
UM, WE'RE ORIGINALLY GONNA AWARD THIS CONTRACT, BUT SINCE WE'RE REALLY LOOKING AT THE DESIGN, UM, IT'S BEEN PUSHED BY APPROXIMATELY TWO YEARS.
SO WE'RE LOOKING FOR THE CONSTRUCTION OF THIS, UH, BEING IF THERE'S A LIFT GATE OR JUST IMPROVING SOME OF THE LEVEES ON THE DAL BARGE CANAL TO START AROUND 2025.
NEXT CONTRACT'S, FPV ZERO THREE, UH, THIS IS MOSTLY LEVY RACE AND SOME FLOOD WALL ALONG THE, UH, DOW THUMB.
UM, SO, UH, AGAIN, SAME THING WITH THIS CONTRACT.
WE'RE LOOKING AT, AT AWARDING THIS AND AROUND 2025, WE'VE BEEN, WE'VE HAD NUMEROUS MEETINGS WITH DOW, UM, MAKING SURE THAT WE MEET THEIR, THEIR STANDARDS AND THEIR CONSTRUCTION STANDARDS AS WELL.
SO, SO WE CAN, WE, WE'VE HAD, UH, WORKSHOPS, SITE VISITS, AND, AND WE CONTINUE TO WORK WITH THEM TO, TO MAKE SURE THAT WE DESIGNED IT RIGHT.
WE ORIGINALLY COMPLETED THE 65%, UH, AROUND SPRINGTIME OF LAST YEAR.
UM, AND AGAIN, ONCE WE HAD THOSE WORKSHOPS, WE NOTICED THERE WAS GONNA BE A, A SIGNIFICANT COST INCREASE.
SO WE'RE RE-LOOKING TO RE SCOPING SOME OF THAT TO, TO MAKE SURE THAT WE, WE HAVE SOME COST SAVINGS ON THAT.
SO WE WE'RE REDOING SOME OF THAT 65% DESIGN.
SO THAT'S WHY NOW THIS CONTRACT'S ALSO PROJECTED TO BE AWARDED IN 2025.
UH, THIS IS ALSO MOSTLY LEVY RAY ALONG OYSTER CREEK.
ORIGINALLY WE WERE LOOKING AT RAISING MOST OF THE OYSTER CREEK, BUT AGAIN, GOING BACK TO, TO SOME OF OUR RE SCOPING FEATURES, RELOOKING AT THE NUMBERS, AND WE'RE STILL LOOKING AT THE, THE ELEVATION OF THAT LEVY.
WE, WE STILL DON'T HAVE THE EXACT NUMBER OF HOW HIGH THAT LEVY'S GONNA IS GONNA BE FOR NOW.
[00:40:01]
THE SECTION IS STILL, IS STILL TO BE DETERMINED OF, OF WHAT SECTIONS OF THE 16 SYSTEM WILL BE, UH, WILL BE RAISED NEXT CONTRACTS FPV ZERO FOUR A.UH, THIS IS MOSTLY AROUND INDUSTRY AREA ALONG THE PORT, B A S F AND PHILLIPS 66, IF YOU NOTICE, UM, IT'S GOING THROUGH THE PORT, IT'S NOT GOING AROUND THE PORT LIKE THE ORIGINAL SYSTEM THAT'S BASED UPON THE REQUEST FROM THE PORT.
UM, THEY DIDN'T REALLY WANT FOR, FOR US TO RAISE THEIR 16, UH, EXISTING SYSTEM THAT IT WAS GONNA INTERFERE WITH THEIR DAY-TO-DAY ACTIVITIES.
SO AGAIN, JUST LIKE WE'VE BEEN WORKING WITH DOW, UH, SAME THING WITH THE PORT, GETTING THEIR INPUT.
THIS IS THE ALIGNMENT THAT THEY PREFER.
WE'RE STILL, WE'RE STILL IN THE VERY EARLY STAGES OF THIS ALIGNMENT.
UM, WE'RE STILL GATHERING DATA, LOOKING AT THE COST FOR IT, MAKING SURE IF THERE IS A COST INCREASE FROM THE ORIGINAL ALIGNMENT, UM, THAT'LL BE SOMETHING THAT WOULD HAVE TO GO BACK TO THE TABLE.
HAVE, UH, AN AGREEMENT THE PORT AND V D D ON, ON PAYING, COVERING THE DIFFERENCE.
SO AGAIN, SOMETHING THAT, THAT WE'RE STILL WORKING OUT, GATHERING, UH, ADDITIONAL INFORMATION, UH, FOR THIS ALIGNMENT AS WELL.
AND THEN, UM, THESE NEXT TWO CONTRACTS ARE CONTRACTS TO BE DONE AS WORKING TIME.
SO AS PART OF THE NON-FEDERAL COST SHARE, FORMER A NON-FEDERAL SPONSOR, THE, UH, THE 704 MILLION, THEIR 35% COST SHARE, THEY DO HAVE THE OPTION TO DO SOME OF THAT WORK ON THEIR OWN AND COUNT IT TOWARDS THAT AMOUNT.
SO TWO OF THE CONTRACTS THAT ARE GONNA DO IS WHAT WE'RE CALLING FPV ZERO TWO A.
THAT'LL BE, UH, ADDITION OF THREE PUMPS TO THE EXISTING PUMP STATION AT EAST LEVY.
AND THEN, UM, FPV ZERO FOUR, THEY'LL BE, UM, KNOCKING DOWN SOME FLOOD WALL THERE AND, UH, PUTTING SOME LEVY THAT UHM WALL.
AND THEN LASTLY HERE, I DO WANNA ENCOURAGE EVERYBODY TO GO TO OUR WEBSITES AND, UH, OUR STORY MAPS AS WE CONTINUE TO MOVE FORWARD WITH THE PROJECTS, WE'LL BE UPDATING THAT AND THAT WAY THE PUBLIC'S AWARE OF WHERE WE'RE AT AND WE'RE AS WE, AS WE CONTINUE TO THROUGH OUR DESIGN PROCESS.
AND THE LAST THING IS WE DO HAVE A PUBLIC OPEN HOUSE.
THIS IS OUR FIRST IN-PERSON PUBLIC OPEN HOUSE THAT WE'RE HAVING.
THIS IS SCHEDULED FOR FEBRUARY THE SECOND AT LAKE JACKSON CIVIC CENTER.
SO WE DO GIVE YOU AN OPEN INVITATION TO THE PUBLIC AND EVERYBODY IN ATTENDANCE, UM, TO MAKE SURE THAT THAT, THAT YOU ATTEND.
UH, WE'RE GONNA HAVE SEVERAL STATIONS, UH, BE A LITTLE MORE, I MEAN, I'LL GIVE THE SAME OVERVIEW, SAME SETUP, UH, BUT WE'LL HAVE MORE DETAIL THERE AND, AND, UH, MORE, MORE OPTIONS FOR, FOR YOU GUYS TO ASK MORE QUESTIONS.
UH, MORE PEOPLE FROM THE TEAM WILL BE THERE AS WELL, SO WE CAN GET, UH, MORE DETAILS IF Y'ALL NEED THAT.
SO, PENDING ANY QUESTIONS OR ANY COMMENTS? THAT'S ALL I HAVE FOR YOU GUYS TONIGHT.
SO I HAVE QUESTIONS ABOUT, SO YOU'RE NOT GOING TO BE DIVERTING WATER MAKING WATERWAYS BIGGER ANYTHING WE'RE TALKING ABOUT JUST THE FLOOD WALLS AND THE LEVIES BEING RAISED? CORRECT.
AND TO THAT EFFECT, SO THE, THE LEVY RACE ON THE FLOOD WALLS AGAIN, IS TO REDUCE THE RISK FROM FLOODING FROM COASTAL STORM SURGE.
UM, A LOT OF TIMES SINCE WE DID GET THE FUNDING FROM RIGHT AFTER HARVEY, A LOT, USUALLY A LOT OF PEOPLE THINK THAT IT'S, SINCE WE GOT THE FUNDING FROM AFTER HARVEY, THEY THINK IT'S TO PROTECT FLOODING FROM A RAIN EVENT.
IT IS NOT, IT'S FROM COASTAL SURGE PROTECTION.
WITH THAT BEING SAID, WE CANNOT MAKE THINGS WORSE FOR A RAIN EVENT.
SO THAT'S ANOTHER THING THAT WE'RE LOOKING AT IN REGARDS TO INTERIOR DRAINAGE.
SO JUST WANTED TO ADD THAT AS WELL.
THE, UH, THE GREEN LINES WHERE THE LEVIES ARE NOW.
YOU PROB YOU MAY HAVE MENTIONED IT.
HOW, HOW, HOW MUCH ARE YOU GONNA RAISE THOSE? WE DON'T, THAT, THAT NUMBER IS STILL TO BE DETERMINED.
UM, THAT'S ONE OF THE MAIN REASONS WHY THERE'S BEEN DELAYS.
UH, CUZ DUE TO OUR MODELING, IT'S SOME OF THE, SOME OF THE NUMBERS WERE A LITTLE HIGH, AND OF COURSE WHEN YOU BUILD THAT LEVY A LITTLE HIGHER, THAT MEANS MORE MONEY.
UM, SO WE'RE, WE'RE, WE'RE GOING BACK, BACK WITH, YOU KNOW, WHAT, WHAT OUR NET, OUR NON-FEDERAL SPONSOR, WHAT, WHAT, WHAT THEY NEED FOR THEIR, FOR THEIR SYSTEM TO BE.
I MEAN, THEY'RE, THEY'RE OUR EXPERTS.
THEY KNOW THE SYSTEM BETTER THAN ANYBODY.
UH, Y'ALL SEEN THE REPORT FROM THE LEV THAT WERE DONE ABOUT, I'M GONNA THROW A NUMBER OUT THERE, FIVE, SIX YEARS AGO ON OUR EXISTING LEVIES, THE CONTACT OF SOIL AND EVERYTHING THAT THERE WERE DISCREPANCY, DISCREPANCIES CAUSE THERE'S TOO MUCH SAND AND NOT ENOUGH CLAY ON IT.
I DON'T, I DON'T HAVE THAT OR I'M NOT AWARE OF THAT REPORT, BUT I MEAN, WE CAN CERTAINLY, UM, GET IN AND LOOK AT IT.
[00:45:01]
IS THERE A SPECIFIC SECTION OF WHAT, UH, IT WAS, IT WAS IN THE NEWSPAPER AND EVERYTHING LIKE THAT.THAT'S WHERE I WAS GETTING MY INFORMATION AND ALL.
THEY HAD TO GO IN THERE GLASGOW DRAINAGE DISTRICT AND REDO A LOT OF THAT LEVY SYSTEM.
I'LL, I'LL CHECK BACK WITH THEM AND, AND SEE IF THEY'RE AWARE OF WHAT, WHAT AREA, BECAUSE THE HIGHER YOU GO AND BUILDING IT UP WAS SOIL.
AND, AND ONE OF, ONE OF THE THINGS THAT WE, WE'VE LOOKED AT, UM, BEFORE WE STARTED DESIGN, WE HAVE TO DO GEOTECH INVESTIGATION.
WHICH IS DRILL GETS TAP THE TYPE OF SOIL THAT, SO WE DID THAT ALREADY.
UM, AND THEN THE OTHER PART IS MAKING SURE WHATEVER THE SOIL THAT WE'RE GONNA DO ON TOP OF THE LEVY, THAT IT'S ADEQUATE TO MAKE SURE THAT IT STAYS SO THAT IT'S SOFTEN THE, AND THEY DID ALL THAT DRILL IN ALL PREVIOUSLY SO THAT IT MAY HELP YOU OUT ON SOME OF THAT.
YEAH, WE DID, WE DID SOME THAT JAIL TECH WHERE WE DID IT, UH, WHAT YEAR ARE WE THINK WE DID? 2021.
WELL, UH, I WAS STILL WORKING AT THAT TIME, SO THAT WOULD BE ABOUT EIGHT, NINE YEARS AGO.
I'VE RETIRED NOW, BUT THEY DID ONE AT THAT TIME.
YEAH, WE, WE CAN CERTAINLY LOOK AT THAT.
THAT THAT IS SOMETHING THAT WE'RE LOOKING AT.
I THINK WHAT YOU'RE SPEAKING OF, ADRIAN, IS BACK WHERE THE, UH, FLOODED HURTS.
PEOPLE WERE LOOKING INTO ALL THAT.
AND THEN THERE WAS PIPING THAT WENT THROUGH THE LEVY INSTEAD OF OVER IT.
CORRECT ME IF I'M WRONG, BUT WHAT I'M, WHAT I'M READING INTO THIS IS THAT IF CONSTRUCTION IS GONNA BE AWARDED IN 2025, YOU ARE STILL GONNA BE IN THE ENGINEERING STAGE FOR ANOTHER YEAR AT LEAST, PROBABLY.
WE, WE ARE THE GOVERNMENT, SO, OKAY.
WELL, THERE'S GONNA BE, THERE COULD BE A LOT OF CHANGES BETWEEN NOW AND WHEN IT ACTUALLY STARTS.
UH, YOU'RE TELLING ME WE'VE HAD SO MANY CHANGES THE PAST YEAR, SO MM-HMM.
UM, SO WHAT WE HAVE NOW IS JUST PRELIMINARY TO START WITH.
AND WE CONTINUE, I MEAN, WE, WE'VE GATHERED A LOT OF DATA AND WE CONTINUE TO GATHER MORE DATA AND AGAIN, GOING BACK TO WHAT OUR, OUR NON-FEDERAL SPONSOR, WHAT, WHAT, WHAT THEY WANT THE PROJECT TO BE.
AND THEN AT THE SAME TIME, MAKE SURE THAT IT MEETS OUR, OUR AUTHORIZATION LEVEL.
SO, AND THAT'S WHAT WE'RE AIMING AT.
I MEAN, WE HAVE FULL SUPPORT FROM OUR, OUR SENIOR YEAR LEADERSHIP, AND THAT'S WHAT WE'RE PUSHING FORWARD TO.
IT'S JUST, AGAIN, WE'RE THE GOVERNMENT AND WE HAVE A LOT OF BOXES TO CHECK.
SO IT COULD BE A LOT OF CUING AND DISCUSSING BETWEEN NOW AND THEN
LIKE, LIKE MR. GEORGE KIDWELL USED TO SAY WE'RE DOING SOME ARM WRESTLING.
SO THAT'S WHAT WE'VE BEEN DOING.
YOU WANNA HAVE ANY OTHER QUESTIONS? COMMENT? I, A QUICK QUESTION.
SO LIKE THE FLOOD WALL AND, AND ALL THE LEVY THAT'S BEING SHOWN ON ANY OF THESE, THEY'RE CURRENTLY EXISTING STRUCTURES THAT ARE THERE? YES, MA'AM.
JUST IMPROVING UPON OR RAISING WHAT'S ALREADY THERE.
DO YOU HAVE ANY QUESTIONS, COMMENTS FOR US? UH, NO.
AGAIN, JUST ONE, UH, OPEN INVITATION TO THAT OPEN HOUSE ON FEBRUARY 2ND.
I, UH, WE'VE DONE SEVERAL VIRTUAL MEETINGS THE PAST COUPLE YEARS, WHICH IS NOT THE SAME.
UM, SO THIS IS OUR FIRST PUBLIC MEETING THAT FACE-TO-FACE WITH EVERYBODY, SO, SO WE'RE REALLY LOOKING FORWARD TO THAT.
UM, AND AGAIN, I DO WANT TO THANK YOU GUYS FOR YOUR TIME FOR ALLOWING US TO GIVE YOU A UPDATE, UH, STATUS OF THE PROJECT.
APPRECIATE YOU TAKE THE TIME TO BE HERE.
NEXT ITEM WILL BE CONSIDERATION OF POSSIBLE ACTION ON ANNUAL REVIEW TO RETAIN THE ETHICS POLICY ORDINANCE WITHOUT CHANGES FOR APPOINTED AND ELECTED OFFICIALS, BOARDS, OR COMMISSIONERS AND EMPLOYEES WHEN REPRESENTING THE CITY, OR THE SCHEDULING OF A PUBLIC HEARING DATE FOR ANY POTENTIAL CHANGES.
AND IT WOULD BE ORDINANCE NUMBER 2019 DASH OH FOUR, AN ORDINANCE OF THE CITY, CLTE, TEXAS CONTAINING A PREAMBLE COMPLYING WITH SECTION 5 0 2, ITEM 31 OF THE HOME CHARTER OF THE CITY, CLTE, TEXAS BY ADDING THE CHAPTER TWO OF THE CODE OF ORDINANCES OF THE CITY, A NEW ARTICLE SIX, ESTABLISHING AN ETHICS POLICY FOR ALL APPOINTED AND ELECTED OFFICIALS, BOARDS AND COMMISSIONS, AS WELL AS EMPLOYEES WHEN REPRESENTING THE CITY OR DOING BUSINESS FOR THE CITY IN ANY CAPACITY
[00:50:01]
REQUIRING THAT SUCH ORDINANCE SHALL BE REVIEWED AND READOPTED ANNUALLY AND PROVIDING THE, THIS ORDINANCE SHALL TAKE EFFECT AND BE ENFORCED FROM AN ACTRESS PRESCRIPTIVE CAST HAVE BEEN PUBLISHED TWICE IN NEBRASKA COURT FACTS.SO I WOULD CONSIDER A MOTION TO REAPPROVE ORDINANCE 2019 DASH OH FOUR AS WRITTEN, MOVED BY COUNCILMAN CHRIS.
DO I HAVE A SECOND? SECOND ABOUT COUNCILMAN QUINN.
THERE ARE NO CHANGES AND YOU HAVE BEEN LIVING TO BY IT SO FAR.
NEXT ITEM WOULD BE CONSIDERATION POSSIBLE ACTION TO ADOPT THE RECOMMENDATIONS BY THE CHARTER REVIEW COMMISSION FOR CITY CHARTER AMENDMENTS AND PROPOSITIONS TO BE PLACED ON THE MAY, 2023 ELECTION.
UH, WITH THAT BEING SAID, I WILL TURN IT OVER.
DO YOU FEEL LIKE TALKING OR I CAN, I CAN TALK, BUT ACTUALLY MR. DUNCAN HAS PREPARED THE MEMO PREPARED.
I THINK THAT I SAW ONE WHEN I READ IT.
WHERE WERE WE TALKING ABOUT? UH, OH, ON PROPOSED CHANGE NUMBER THREE, THE PROPOSED CHARTER LANGUAGE STILL SAYS THREE MEMBERS, AND IT SAYS WE WERE GONNA CHANGE THAT TO TWO.
I SEE IT
SO THE, UH, CHARTER, UH, REVIEW COMMISSION MET SEVERAL TIMES, UH, THIS PAST YEAR.
UM, AS YOU RECALL, THE LAST TIME THE CHARTER REVIEW COMMISSION MET, THERE WERE, THERE WERE A NUMBER OF CHANGES THAT NEEDED TO BE MADE TO THE CHARTER IN SUCH A LARGE NUMBER, BUT YOU WANT TO TRY TO LIMIT THE NUMBER OF ELECTION QUESTIONS.
AND SO THE LAST TIME THERE WAS A DISCUSSION ABOUT POSSIBLY STARTING FROM SCRATCH AND, AND DRAFTING A, AN ENTIRELY NEW CHARTER.
UH, HOWEVER, UH, TO DO THAT YOU HAVE TO HAVE ELECTION AND ELECT THE PEOPLE ON THE CHARTER COMMISSION.
SO INSTEAD, WE DECIDED TO CONTINUE OUR PROCESS OF TAKING A STEP BY STEP APPROACH.
UM, AND SO THE CHARTER REVIEW COMMISSION, LIKE, LIKE I SAID, WE MET SEVERAL TIMES AND, UH, WENT THROUGH EVERYTHING IN THE CHARTER FROM SCRATCH AND GO THROUGH THE LIST OF, UH, RECOMMENDED CHANGES BY THE COMMISSION AND THEN SET PRIORITIES OF, UH, UH, WHAT ITEMS THEY WANT TO PUT FORWARD TO THE COUNCIL.
UM, UH, AND, AND TRY TRYING TO KEEP THE NUMBER OF ITEMS LIMITED FOR THE ELECTION.
UH, SO THE CHARTER REVIEW COMMISSION, UH, HAS RECOMMENDED, UH, NINE CHANGES, UH, NINE BALLOT ITEMS. AND, UH, EACH OF THEM IS CONTAINED HERE IN THEIR, UH, RECOMMENDATION STATEMENT BEFORE YOU PROPOSED CHANGE.
NUMBER ONE, UM, THERE ARE SEVERAL REFERENCES IN THE CHARTER THAT REFER TO STATE LAW OR PROVISIONS OF STATE LAW OR PROVISIONS TO THE STATE CONSTITUTION.
AND AS TIME CHANGES, THOSE LAWS CHANGE AND SOMETIMES THE, THE LAW IS THE SAME, BUT IT'S JUST RECODIFIED.
SOMETIMES THE, THE, UH, THE LAW IS ACTUALLY CHANGE FUNDAMENTALLY.
UM, AND SO THE, THE FIRST PROPOSED, UH, BALLOT ITEM WOULD BE KIND OF A CATCHALL THAT ALL OUTDATED REFERENCES TO STATE LAW WILL BE UPDATED TO REFLECT THE NEW, UH, STATUTE SECTION.
SO IF IT SAYS, UM, YOU KNOW, THE, WE'RE FOLLOWING THIS RULE AS CON AS SET FORTH BY STATE LAW IN SECTION, YOU KNOW, 32.057, UM, OF A CERTAIN OF THE ELECTION CODE, AND THEN THAT'S CHANGED AND THAT WAS MOVED TO NOW SECTION 42.
UH, WE WILL MAKE ALL THOSE CHANGES TO UPDATE EVERY PLACE WHERE THOSE REFERENCES ARE INACCURATE.
AND SO WE'RE GONNA MAKE ALL THOSE CHANGES, WHICH IS ONE ELECTION QUESTION.
IT DOESN'T CHANGE ANYTHING FUNDAMENTALLY, BUT WHENEVER PEOPLE LOOK AT THE CHARTER AND IT REFERS TO A STATE LAW, AND THEN THEY GO AND LOOK UP THAT STATE LAW, WE WANNA MAKE SURE THAT STATE LAW MATCHES THE RIGHT SECTION.
AND SO, UH, THE PROPOSED CHANGE NUMBER ONE WOULD BE, UH, CHANGE THAT, UH, ALLOWS US TO GO THROUGH THE CHARTER AND UPDATE ALL THOSE, UM, REFERENCES AND MAKE SURE ALL THE NUMBERS AND SECTIONS ARE CORRECT.
UM, PROPOSED CHANGE NUMBER TWO IN THE EXISTING CHARTER, IT HAS, UH, YOU HAVE A SECTION, UM, SECTION FOUR THAT HAS PROVISIONS,
[00:55:01]
UH, I'M SORRY, ARTICLE FOUR THAT HAS PROVISIONS RELATED TO THE MAYOR AND ARTICLE FIVE THAT HAS PROVISIONS RELATED TO THE COUNCIL.UM, IN ARTICLE FIVE, IT HAS ATTENDANCE REQUIREMENTS FOR COUNCIL.
UM, BUT UH, IT'S UNCLEAR IF THAT THEY DON'T HAVE ANY, THERE'S NO ATTENDANCE, SPECIFICALLY ATTENDANCE REQUIREMENT FOR THE MAYOR.
AND SO, UH, BASICALLY PROPOSED CHANGE NUMBER TWO WOULD SAY IS BASICALLY THAT THE ATTENDANCE REQUIREMENT FOR THE COUNCIL, UH, AND THE MAYOR WILL BE THE SAME, THAT THE MAYOR HAS TO HAVE, HAS THE SAME ATTENDANCE REQUIREMENTS THAT COUNCIL HAS.
UM, SO THAT'S THE, UH, THE, WE JUST BASICALLY, UM, CHANGE THE LANGUAGE THAT SAYS IF THE MAYOR OR ANY MEMBER OF CITY COUNCIL.
SO WE JUST ADDED THE MAYOR TO THAT SECTION TO MAKE SURE IT'S CLEAR THAT HE'S INCLUDED.
UM, NOW HE'S, HE IS SOMEWHAT A MEMBER OF THE COUNCIL, BUT JUST FOR CLARIFICATION, MAKE SURE IT'S CLEAR THAT THE MAYOR HAS THE SAME ATTENDANCE REQUIREMENT AS THE CITY COUNCIL.
UM, PROPOSED CHANGE NUMBER THREE, UM, IN THE, UH, IN SECTION FOUR WITH REGARD TO THE POWERS OF THE MERIT SAYS THAT THE AMERICAN CALLS SPECIAL MEETING.
UM, AND IN THAT SECTION THAT THE MERIT JUST CORRECTED US THAT WE HAD A ERROR UNDER THERE IN SECTION 4.03.
BUT, UH, IT REQUIRES THAT IF COUNCIL WANTS TO CALL A SPECIAL MEETING, THEY CAN, BUT ONLY WITH AN AGREEMENT OF THREE COUNCIL MEMBERS.
WELL, THAT AUTOMATICALLY VIOLATES THE OPEN, UH, MEETINGS ACT BECAUSE YOU CAN'T HAVE THREE COUNCIL MEMBERS MEETING AND TALKING ABOUT, HEY, LET'S SET A SPECIAL MEETING, RIGHT? SO, UH, WE MADE THAT CHANGE TO REDUCE THAT FROM THREE MEMBERS TO TWO MEMBERS.
SO NOW IF THIS, UH, IS PASSED, THEN IF, UH, THE AMERICAN CALL A SPECIAL MEETING, UH, OR THE COUNCIL CAN CALL SPECIAL MEETING UPON THE AGREEMENT OF TWO, THE REQUEST OF TWO COUNCIL MEMBERS, UH, PROPOSED CHANGE.
NUMBER FOUR IS A SIMILAR, UH, A SIMILAR ITEM, BUT ACTUALLY THERE, THE, THE CHARTER WAS SILENT ON THIS OF HOW DOES A COUNCIL MEMBER GET SOMETHING ON THE AGENDA? AND NOW THE, THE METHOD THAT, UH, THE CITY HAS FOLLOWED, I GUESS FOREVER AND EVER IS THERE'S JUST KIND OF AN UNDERSTANDING.
WELL, IF YOU AS A COUNCIL MEMBER SAY, HEY, I WANT SOMETHING ON THE AGENDA, THAT THE CITY MANAGER WOULD THEN PUT IT ON THE AGENDA.
BUT THERE'S NO RULE THAT SAYS THAT WOULD HAPPEN OR BE REQUIRED TO HAPPEN.
AND SO SINCE WE HAD IT THERE FOR A, UM, A REQUIREMENT FOR TWO MEMBERS TO CALL A SPECIAL MEETING, UH, THE CHARTER COMMISSION DECIDED THAT THEY WANTED TO, UH, MATCH THAT SIMILARLY AND HAVE A GUARANTEE THAT, YOU KNOW, THE MAYOR AND THE, AND THE CITY MANAGER CAN'T BLOCK COUNCIL FROM PUTTING THINGS ON THE AGENDA IF THEY WANT TO PUT SOMETHING ON THE AGENDA.
AND THAT, UH, IT WOULD THEN RE REQUIRE A REQUEST OF TWO COUNCIL MEMBERS TO PUT SOMETHING ON THE AGENDA.
SO, UH, SO BY ADDING THAT, THERE'S A GUARANTEE THAT COUNCIL MEMBERS CAN ALWAYS GET THINGS PUT ON THE AGENDA AS LONG AS THERE'S TWO PEOPLE THAT REQUEST IT.
AND TO CLARIFY THOUGH, CHRIS, IT DOESN'T REQUIRE TO GIVE AN ITEM IF THEY MAKE A REQUEST, WE CAN STILL PUT IT ON THERE.
THE CITY MANAGER'S POLICY IS
IS THAT WHAT YOU'RE SAYING? THAT'S, YES.
UM, AND IN 17 YEARS, ALL IT TOOK HAS ASKED ME TO PUT IT ON THERE, IS ON THERE, RIGHT?
SO WHEN WOULD IT YOU COME PUSH, COME TO SHOVE? I SAY THAT I WANT SOMETHING ON THE AGENDA.
AND THEN I GUESS IF EVERYBODY ELSE IS LIKE, OH, THEN YOU WOULD'VE TO DO THE TWO PERSON RULE, HYPOTHETICALLY, THERE MIGHT BE ANOTHER NEIGHBORING CITY WHERE THERE HAS BEEN ITEMS THAT HAVE BEEN REQUESTED BY A SPECIFIC COUNCIL MEMBER TO GO ON AN AGENDA.
THEY HAVE NOT MADE IT TO THE AGENDA.
AND THIS BASICALLY IS AN AUTOMATIC CRIT THAT IF TWO COUNCIL MEMBERS WANT SOMETHING ON THE AGENDA.
ON THE AGENDA, RIGHT? SO WHAT THE, THE WORST CASE SCENARIO PUSH COMES TO SHOW YOU GO TALK TO CJ AND SAY, HEY, I WANNA PUT SOMETHING ON AGENDA.
AND HE SAYS, NO, I DON'T WANNA DO THAT.
AND GUESS WHAT? YOU DON'T HAVE ENOUGH VOTES ON THE COUNCIL TO FIRE CJ.
SO WHATEVER YOU WANNA PUT ON THE AGENDA JUST NEVER GETS ON THE AGENDA CUZ YOU'RE ON THE WRONG SIDE, YOU'RE ON THE, YOU'RE IN THE MINORITY ON COUNCIL AND THEY CAN SHUT YOU OUT.
SO THIS WOULD PREVENT THAT KIND OF THING OF THING FROM HAPPENING.
WELL DOESN'T IT ALSO VIOLATE THE OAKLAND MEETINGS ACT TO DO SO? BECAUSE LIKE IF I WANTED SOMETHING ON THE AGENDA AND THEN I HAVE TO GO TO ANOTHER PERSON AND SAY, HEY, WILL YOU GO WITH ME ON THIS? AND IF THEY WON'T DO IT, THEN I'M GONNA HAVE TO GO TO A THIRD PERSON.
BUT THAT DOES POTENTIALLY OPEN YOU UP FOR THAT.
THE IDEA WOULD BE THAT YOU PROBABLY ONLY TALK TO ONE OTHER COUNCIL MEMBER, BUT I'VE NEVER, YOU'VE ASKED TO HAVE SOMETHING ON THE MAYOR.
IF YOU'VE ASKED THE MAYOR TO PUT SOMETHING ON, IT'S ALWAYS GONE ON.
THIS WAS JUST SEEN AS A FAIL SAFE, GIVEN SOME EXAMPLES OF SOME OTHER THINGS GOING ON IN SOME OTHER COMMUNITY.
NOW ANOTHER THING, YOU KNOW, THESE ARE JUST THE RECOMMENDATIONS OF THE CHARTER REVIEW COMMISSION, RIGHT? AND THEY DID THAT BECAUSE THERE
[01:00:01]
WAS TWO TO REQUEST A SPECIAL MEETING.SO THEY SAID, WELL, LET'S JUST DO TWO TO REQUEST AGENDA ITEMS. UH, Y'ALL HAVE THE ABILITY TO CHANGE, MAKE WHATEVER RECOMMENDED CHANGES THAT Y'ALL WANT TO ADOPT.
SO IF Y'ALL SAY NO ONE COUNCIL MEMBER CAN ALWAYS GET SOMETHING ON AGENDA, THEY DON'T NEED TWO PEOPLE, THEN THAT'S A CHANGE THAT Y'ALL COULD RECOMMEND.
THIS IS BASICALLY JUST TO MAKE IT CONSISTENT, RIGHT? YEP.
UM, ALRIGHT, UH, PROPOSED CHANGE NUMBER FIVE.
UH, WHEN WE STARTED THIS PROCESS, UH, MR. SNIPES HAD A, UM, UH, LIKE A, A STANDARD FORM, UH, RECOMMENDED STANDARD FORM, UH, FOR, UH, CITY CHARTERS IN THE STATE OF TEXAS, UH, A MODEL.
AND, UH, THE COMMISSION WENT THROUGH THAT AND LOOKED AT THAT AND REVIEWED THAT.
UM, ONE ITEM THAT'S IN THE STANDARD MODEL AND ACTUALLY CONTAINED IN PROBABLY, PROBABLY MOST CITY CHARTERS THAT WE DON'T HAVE IS A, UH, A ARTICLE THAT SAYS A SECTION THAT SAYS SPECIFICALLY THE CITY COUNCIL IS THE FINAL JUDGE OF ALL ELECTIONS AND THE QUALIFICATIONS OF THE MEMBERS AND OTHER ELECTED OFFICIALS IN THE CITY.
UM, SO WHAT THAT DOES IS, ESPECIALLY IN CURRENT DAYS WHERE PEOPLE ARE CHALLENGING ELECTIONS MORE AND MORE HAS BECOME MORE POPULAR, I GUESS, TO CHALLENGE ELECTIONS.
AND IF YOU'RE UNHAPPY WITH ELECTION, GO RUN FILE LAWSUITS.
UM, WHAT THIS DOES IS ALLOWS THE CITY TO CONTROL THEIR OWN BUSINESS AND RUN THEIR ELECT RUN THE ELECTION.
SO THE CITY COUNCIL, UH, WOULD MAKE ALL FACTUAL DETERMINATIONS WITH REGARD TO ELECTIONS.
SO IF SOMEBODY GOES AND FILES A, A LAWSUIT WITH THE LOCAL COURT AND SAYS, I'M NOT HAPPY WITH THAT ELECTION, I WANT TO, I WANT TO PUT EVERYTHING IN A LOG JAM UNTIL WE CAN GO TO COURT AND HAVE A JUDGE UP IN ENGLETON OR SOMEPLACE ELSE, UH, HEAR MY COMPLAINTS, THEY CAN STILL DO THAT.
BUT THE JUDGE WILL BE CONSIDERING THE FACTS AS DETERMINED BY THE CITY COUNCIL.
SO, UH, THAT WOULD BASICALLY DISCOURAGE, UH, PEOPLE FROM CHALLENGING ELECTIONS, UH, AND GOING TO FOLLOW LAWSUITS TO, TO CHALLENGE ELECTIONS.
NOW, Y'ALL WOULD STILL BE REQUIRED TO LISTEN, YOU KNOW, Y'ALL WOULD LISTEN TO THE ISSUES.
Y'ALL WOULD DO AN INVESTIGATION, Y'ALL WOULD DETERMINE THE FACTS, HAVE A A VOTE AND MAKE A DECISION IF ANYBODY WAS UNHAPPY WITH ELECTION.
BUT THAT WOULD KEEP THE POWER HERE LOCALLY, UH, TO DECIDE ELECTIONS RATHER THAN ENCOURAGE PEOPLE TO GO FILE LAWSUITS SOMEPLACE ELSE.
AND LIKE I SAID, IT'S, IT'S AN EXTREMELY COMMON, UH, ITEM THAT'S IN MOST CITY CHARTERS, BUT IT'S NOT IN OUR CITY CHARTER.
UM, PROPOSED CHANGE NUMBER SIX DEPARTMENT OF POLICE, UH, A FEW YEARS BACK, AND I CAN'T REMEMBER IT WAS LAST CHARTER OR TWO CHARTER, UH, ELECTIONS AGO, UH, THERE WAS DISCUSSION THAT, UM, UH, A QUESTION ABOUT THE POLICE DEPARTMENT IS DUTIES BEING ABLE TO PERFORM THE SAME DUTIES AS A CITY MARSHALL OFFICE WOULD DO.
UH, AND THERE'S SOME DISCUSSION ABOUT HAVING A MARSHALL'S OFFICE ESTABLISHED JUST FOR THE MUNICIPAL COURT AND KIND OF HAVE A SEPARATE POLICE DEPARTMENT FOR THE, FOR THE POLICE DEPARTMENT, FOR THE MUNICIPAL COURT.
AND SO, UH, THE OUTCOME OF ALL OF THAT IS THAT THERE WAS A, A MOVEMENT AND IT, AND IT PASSED A CHARTER CHANGE THAT SAYS, HEY, THE POLICE DEPARTMENT CAN DO ALL THE ITEMS, UH, THAT A CITY MARSHAL CAN DO, HAS ALL THE POWERS OF CITY MARSHALL.
UH, THE CHARTER REVIEW COMMISSION LOOKED AT THAT AND SAID, WELL, THAT, THAT PROVISION IS FINE, BUT IT MADE IT A LITTLE BIT CONFUSING.
IT MAKES IT LOOK LIKE THOSE ARE THE ONLY POWERS THE POLICE DEPARTMENT HAS THE POWERS OF THE CITY MARSHALL, RIGHT? AND SO, UH, THEY LOOKED AT THAT AND THEY WANTED TO REWORD THAT AND, AND JUST HAVE A CLARIFICATION THAT, UH, UH, ENGLETON POLICE DEPARTMENT WOULD HAVE ALL THE POWERS, REGULAR POWERS AND DUTIES AND OBLIGATIONS OF A, UH, STATE, UH, OF A LOCAL CITY POLICE DEPARTMENT IN ADDITION TO ALL OF THE POWERS OF A CITY MARSHAL'S OFFICE.
SO IT'S JUST A CLARIFICATION THAT SAYS, NO, THEY HAVE ALL THE POWERS.
THAT'S THAT ADDITION OF CITY MARSHALL DUTIES WAS NOT MEANT TO LIMIT THEIR DUTIES.
IT WAS MEANT TO EXPAND THEIR DUTIES.
AND SO, UH, THE, THE COMMISSION READ IT AND REREAD IT AND WENT THROUGH IT SEVERAL TIMES AND THEY SAID, HEY, UH, WE THINK THAT'S CONFUSING.
WE WANNA MAKE SURE THAT IT'S VERY CLEAR THAT, UH, THAT THAT PREVIOUS CHANGE WAS NOT INTENDED TO LIMIT THE POWER AND DUTIES OF OUR POLICE DEPARTMENT.
UM, PROPOSED CHANGE NUMBER SEVEN, UM, WITH REGARD TO, UH, PLATS AND RE PLATS.
THERE'S BEEN SOME, UM, UH, CHANGE IN LAWS AND THERE'S SOME QUESTIONS WITH REGARD TO DOING PLATS AND REPLAT IN OUR ETJ.
UM, WHERE THERE ARE, THERE ARE CIRCUMSTANCES WHERE THE COUNTY HAS, UH, JURISDICTION TO DO RE REPLAT IN, IN THE E IN OUR ETJ.
AND THERE'S, IT'S WHEN THERE'S, UH, CONTESTED EJS WHEN WE
[01:05:01]
DON'T HAVE A CLEAR R A T J IS THE SAME AS A NEIGHBORING CITY'S ET J SO HOW DO WE RESOLVE THAT? WHICH CITY IS IN CHARGE OF DOING THE PLATS OR RE PLATS IN THAT EJ? SO THIS WOULD BE BASICALLY, UH, CONSISTENT WITH STATE LAW AND THE STATE CONSTITUTION, THAT IF THERE IS, UH, OVERLAPPING ET JS, THAT THEN THE COUNTY WOULD BE THE PERSON WOULD BE THE ENTITY THAT'S, UH, IN CONTROL AND IN CHARGE OF DOING, UH, THOSE PLATS AND REPLANTS.I GOT THAT CORRECT MR. SNIPES.
SO CURRENTLY THE WAY IT WORKS IS WE HAVE AN OVERLAP WITH, WELL, IN SOME CASES WE CONFLICT WITH THREE DIFFERENT JURISDICTIONS.
THERE WAS AN AGREEMENT AT SOME POINT THAT THE COUNTY WOULD HANDLE THE PLATING IN THOSE AREAS THAT ARE CONTESTED.
UM, THE WAY OUR, OUR THING READ RIGHT NOW, IT CREATES A BIFURCATED SYSTEM.
AND SO THE, THE, THE, THE ORIGINAL TENURE WAS TO MAKE SURE THAT IT WAS EXCLUSIVELY R E T J THAT WE'RE HANDLING THE PLANNING FOR.
WE'RE NOT TRYING TO ENTER INTO CONFLICT WITH THE COUNTY CUZ WE HAVE DIFFERING RULES.
UH, THE COUNTY HAS THEIR SUBDIVISION ORDINANCE, WE HAVE OUR SUBDIVISION ORDINANCE.
THOSE TWO MAY NOT MEET IN TERMS OF THE PLATTING RULES.
AND SO THIS BASICALLY CLARIFIES WHAT'S IN OUR EXCLUSIVE EJ IS OUR DOMAIN, WHAT'S IN THE CONTESTED AREA, REMAIN PART OF THE COUNTY.
AND THEN THE SECOND PART OF THIS, UH, AT SOME POINT, UH, THERE WAS, I GUESS WE AFFORDED OURSELVES THE POWER TO WAIVE THE REQUIREMENT TO FLAT CERTAIN PIECES OF PROPERTY.
UM, THAT'S THE WAY THE CURRENT LAW READS OR THE CURRENT CHARTER READS.
AND SO THIS WOULD CLEAN THIS UP AND SAY THAT NO WAIVER CAN BE GRANTED UNLESS IT'S PROVIDED FOR UNDER STATE LAW.
BECAUSE I THINK WE WERE PROBABLY EXTRA LEGAL IN THAT REGARD.
GOING ON TO PROPOSE THE CHANGE NUMBER EIGHT, UH, CHANGE IN THE ARTICLE REGARDING MUNICIPAL PLANNING AND ZONING.
WE HAD SOME, UH, UH, LANGUAGE THAT, UH, WITH REGARD TO WORK, WORKING WITH DEVELOPERS AND DOING PLANNING, UH, THAT HAD SAID, UH, WE'RE SUPPOSED TO COOPERATE IN EVERY MANNER WITH DEVELOPERS.
UM, AND THAT'S MORE THAN THE REQUIREMENT OF STATE LAW, RIGHT? THAT THAT COULD BE, THAT COULD BE INTERPRETED BY, UM, DEVELOPERS AS, HEY, YOUR CHARTER SAYS WHATEVER WE WANT.
CUZ YOU GOTTA, YOU GOTTA COOPERATE IN EVERY MANNER.
RIGHT? AND I DON'T KNOW, I THINK IT WAS PROBABLY ORIGINALLY DRAFTED IN THE SPIRIT OF WE WANT DEVELOPMENT AND WE'RE GONNA DO OUR BEST, YOU KNOW, TO WORK WITH PEOPLE.
UM, BUT, UH, UM, UH, UH, CJ AND, AND THEY TALKED ABOUT THAT WITH THE, UH, WITH THE, THE COMMISSION AND, AND THEY AGREED THAT THAT, THAT, THAT, UH, SOUNDS LIKE NICE LANGUAGE, BUT IT DOES OPEN US UP TO BEING REQUIRED TO DO THINGS THAT, YOU KNOW, WE WOULD NOT BE REQUIRED TO DO UNDER, UNDER STATE LAW.
SO, UH, THE CHANGE WOULD BASICALLY SAY THAT, HEY, WE, UH, WE'RE REQUIRED TO, UM, WORK WITH DEVELOPERS, BUT WE'RE, WE'RE LIMITED BY WHAT WE CAN DO AS FAR AS THE STANDARDS UNDER, UNDER STATE LAW.
WELL, I MEAN, TECHNICALLY THE CITY IS REQUIRED AT A MINIMUM TO FOLLOW STATE LAW TO, TO BEGIN WITH.
SO ALL THAT DOES IS CLARIFY THAT STATEMENT.
I JUST DIDN'T WANT TO HAVE US IN A POSITION DEALING WITH UNSCRUPULOUS DEVELOPERS.
WE CAN BE, WE CAN BE MORE STRICT, BUT WE CAN'T BE LESS LENIENT THAN STATE LAW.
AND WHILE IT'S I THE CLEAR, IT'S BEEN PRETTY LUCKY CAUSE THE, YOU KNOW, THE DEVELOPERS BUT THAT WE'VE BEEN WORKING WITH FOR THE LAST SEVERAL YEARS ARE BEEN VERY GOOD, VERY RESPONSIBLE, EASY TO WORK WITH DEVELOPERS, BUT THERE'S ALWAYS THE, THE CHANCE, RIGHT.
PROPOSED CHANGE NUMBER NINE IS ALSO, UH, UH, UNDER, UH, MUNICIPAL PLANNING AND ZONING.
AND, UH, IT'S REGARDING OUR, UH, PLANNING ZONING COMMISSION IN THE CHARTER.
THEY'RE REQUIRED TO MEET, UH, EVERY MONTH AND IT'S REQUIRED BY THE CHARTER.
SO THE CHARTER IS LIKE THE CONSTITUTION.
SO, UH, THEY HAVE TO MEET WHETHER WE HAVE ANYTHING FOR THEM TO TALK ABOUT OR NOT.
AND THERE ARE, THERE ARE ACTUALLY, UH, A COMMON OCCURRENCE WHERE THERE'S, NOBODY'S REQUESTED A PLAT, NOBODY'S REQUESTED ANYTHING, THERE'S NO APPLICATIONS PENDING, BUT ACCORDING TO THE CHARTER, THEY GOTTA MEET ANYWAY.
SO, UM, AND, AND THAT'S BEEN A, ACTUALLY WE, THE LAST FEW CHARTER REVISIONS, I KNOW THAT THAT'S BEEN DISCUSSED, BUT WE, YOU KNOW, GETTING TWO ITEMS AS WE GET TO THEM, UM, AND TRY TO SET PRIORITIES.
UH, BUT THE, THE COMMISSION SAID THAT, YOU KNOW, THEY FELT LIKE, OKAY, NOW'S THE TIME TO MAKE SURE AND, AND FIX THAT AND CLARIFY THAT.
SO, UH, THE PROPOSAL IS THAT THE PLANNING AND ZONING COMMISSION, UH, SHALL NOT MEET LESS THAN ONCE PER QUARTER OR MORE OFTEN AS REQUIRED.
SO AT A MINIMUM THEY HAVE TO MEET ONCE PER QUARTER.
BUT WE WANT TO MAKE SURE THAT IT'S CLEAR
[01:10:01]
THAT IF THERE'S ANY BUSINESS THAT NEEDS TO BE TAKEN CARE OF IN FRONT OF PLANNING AND ZONING, THEY STILL NEED TO MEET.SO, UM, THAT WAS THE, UH, THE PROPOSAL AFTER THE DISCUSSION FROM PLANNING FROM THE CHARTER COMMISSION OF HOW THEY WOULD THINK WOULD BE THE BEST WAY TO, UM, HANDLE THAT.
AND THAT IS THE LAST PROPOSED CHANGE FROM THE CHARTER RECOMMENDATION FROM CHARTER REVIEW COMMISSION AT THE, UH, Y'ALL CAN THEN AT, YOU KNOW, AT THIS POINT Y'ALL COULD, UH, MAKE A MOTION AND, AND ACCEPT THE RECOMMENDATION.
UH, HOWEVER, THE, THE OFFICIAL, UH, Y'ALL WILL HAVE TO MEET LATER, LATER THIS MONTH, END OF JANUARY OR EARLY FEBRUARY WHEN Y'ALL CALLED THE ELECTIONS AND ACTUALLY PASS AN ELECTION ORDINANCE THAT LISTS THE EXACT, UM, WORDING.
WORDING, UH, YOU KNOW, THE WORDING IS HERE, BUT IN THAT ORDINANCE YOU CALL THE ELECTION, IT HAS THE BALLOT LANGUAGE AND THAT'S, THAT'S WHAT OFFICIALLY SETS WHAT ITEMS ARE GONNA BE CALLED TO ELECTION AND HOW IT'S GONNA BE WORDED.
SO, UM, UH, I THINK THE, THE INTENTION HERE IS IF IS THAT Y'ALL, UH, IN ORDER FOR US TO BE ABLE TO PREPARE THAT ORDINANCE, THAT IF Y'ALL HAVE YOUR MOTION AND DISCUSSION AND, AND MAKE THAT DECISION NOW, UM, OR MAKE A RE ACCEPT THE RECOMMENDATION OR ACCEPT IT WITH WHATEVER CHANGES YOU WANT TO HAVE, UM, THEN THAT WILL GIVE US A, A CLEAR DIRECTION ON HOW WE GO FORTH AND, AND, UM, PREPARE THAT ELECTION ORDINANCE BECAUSE WE HAVE DEADLINES FOR THAT ELECTION ORDINANCE.
WE DON'T HAVE A LOT OF TIME TO GO BACK AND FORTH BETWEEN MEETINGS WHEN WE DO THAT ELECTION ORDINANCE.
IS THAT THE RIGHT SUMMARY OF OUR SITUATION? YES, SIR.
THAT IS ALSO, I WANTED TO CLARIFY FOR COUNSEL, WHEN WE TALKED ABOUT WHEN CHRIS OPENED, UH, TALKING ABOUT THE, OH, COMPLETE OVERHAUL IN HOLDING AN ELECTION.
IT'S NOT JUST AN ELECTION FOR THE CHARTER.
WE WOULD'VE HAD TO HAVE ELECTED 30 INDIVIDUALS FROM THE COMMUNITY TO SERVE.
AND KNOWING THE KIND OF PARTICIPATION WE GET FOR VOLUNTEER, WE FELT LIKE THAT WAS PROBABLY TOO HIGH A BAR FOR US TO CROSS.
WELL, WE HAVE HEARD THE RECOMMENDATIONS FROM THE PLANT, FROM THE, UH, CHARTER REVIEW COMMISSION FOR THE PROPOSED AMENDMENT CHANGES.
UH, ANYONE CARE TO MAKE A MOTION THAT THE CONSENSUS FROM COUNCIL BE THAT WE PROCEED WITH, UH, ADDING THESE ITEMS TO THE PROPOSED ELECTION IN MAY OF 2023.
I'LL MAKE A MOTION, HAVE A MOTION BY COUNCIL PERSON, MADDOX, THAT WE FORWARD, MOVE FORWARD WITH THE, WITH THE RECOMMENDATION FROM THE, FROM THE CHARTER REVIEW COMMISSION, THAT THESE ITEMS BE ADDED TO THE MAY, 2023 ELECTION.
SECOND BY COUNCIL CHRIS DISCUSSION.
SO ALL THE VOTERS ARE GONNA SEE IS WHAT'S WRITTEN IN RED HERE? CORRECT? WHAT'S WRITTEN IN GREEN, RIGHT? OH, NO, NO.
WHAT'S WRITTEN IN RED? WELL, YEAH, IT'S A SIMPLE LANGUAGE, BUT THEY'RE, THERE'S GONNA BE A LOT OF PEOPLE THAT DON'T UNDERSTAND THAT THE ELECTION, WELL, I MEAN THIS IS THE PROPOSED LANGUAGE.
THE PURPOSE OF THE PURPOSE OF THE PURPOSE OF PUTTING THE, THE THING ON THE BALLOT IS TO KEEP IT AS SHORT AS POSSIBLE.
AND TO CONDENSE IT AS MUCH AS POSSIBLE AND SAY THE MOST IN THE SMALLEST AMOUNT OF WORDS.
SO, I MEAN, YOU KNOW, THIS IS, THIS IS WHAT THEY'RE PROPOSING RIGHT NOW.
THIS MAY NOT BE WHAT WE VOTE ON TO PUT ON THE BALLOT, BUT THIS IS, THIS IS WHAT IT PROPOSED AT THE MOMENT.
SO TO GIVE COUNSEL AN IDEA, UM, I THINK MY INITIAL LIST OF CHANGES WAS 14 PAGES, 20 SOMETHING.
I YEAH, IT WAS, DANG, IT WAS A LOT.
UM, AND SO THEY PARED IT DOWN TO THESE NINE AS KIND OF CORE.
UM, AND THE ELECTION, UH, PRESORIA ELECTIONS IS REALLY NOT KEEN.
I GUESS ONE OF OUR SISTER CITIES ABUSED THE PROCESS ABOUT 10 YEARS AGO, UM, IN CHANGING THEIR CHARTER.
AND SO THEY'VE BEEN REALLY KEEN ABOUT LIMITING BALLOT LANGUAGE AND BALLOT SIDES TO WHAT'S IN THE ACTUAL PROPOSED LANGUAGE.
I THINK WE'VE DONE AN EFFECTIVE JOB OF TRYING TO CONVEY WHAT THE CHANGES ARE, BUT NOT GO SO FAR THAT WE'RE AT A 60 PAGE BALLOT.
SO THEY COULD HAVE THESE, UH, BIG, BIG PARAGRAPHS ON THAT AND WOULDN'T UNDERSTAND IT EITHER.
WELL, I MEAN, WE POSTED, UH, TO THE AGENDA OR TO THE WEBSITE, WE CAN PUT IT UP ON FACEBOOK AS WELL.
EXACTLY WHAT THESE THINGS MEAN, THAT THE BALLOT LINE YOU SAY WANTED REALLY US AND OKAY.
YEAH, I THINK THAT'S A GOOD ADD IT IF WE COULD ADD IT TO FACEBOOK OR SOMETHING TO, TO GET SOME PEOPLE TO YEAH.
[01:15:01]
AND WHEN WE PUT IT, WHEN WE PUT IT IN FACEBOOK, IT COULD ALSO HAVE A, A DISCLAIMER OR A EXPLANATION THAT THIS IS BASICALLY TO, TO, UH, OH, ROSIE WAS RAISING HER HAND.I WANTED SAY THAT IT ACTUALLY GETS PUBLISHED.
WELL GETS PUBLISHED AND IT'S ON THE WEBSITE AS WELL.
UH, PEOPLE HAVE QUESTIONS, THEY DON'T UNDERSTAND THAT LITTLE, SO THE EXPLANATION, THE, THE LANGUAGE AND THE, AND THE, UH, RATIONALE, ALL THAT IS PUT ON OUR WEBSITE.
WELL, NO, I'M, I JUST THINK THAT THERE'S A LOT OF PEOPLE THAT WILL BE PUT OFF.
UH, I MEAN, IF ALL THEY DO IS COME TO VOTE AND THEY SEE THAT THEY'RE NOT GONNA DO IT BECAUSE RIGHT.
THEY DON'T UNDERSTAND IT, WE CAN CERTAINLY NOTICE IF IT'S ADOPTED TO THE CITY WEBSITE, THE FACEBOOK, THE GREEN RED, THE CODE RED, I MEAN, THERE'S A PARTICULAR BALLOT QUESTION THAT YOU THINK THEY, HEY, THE LANGUAGE NOT CLEAR.
OR IF THERE'S A SPECIFIC, UH, ONE OF THESE PROPOSED BALLOT LANGUAGE ITEMS THAT YOU THINK, HEY, THAT'S REALLY NOT CLEAR AND YOU WANTED TO TRY TO CHANGE IT UP AND AND CLARIFY IT.
I MEAN, YOU KNOW, UM, IT'S, IT'S ONE OF THOSE THINGS WHERE IT'S UH, IT'S A ART NOT IN A SCIENCE.
SOMETIMES IT'S HARD TO CONVEY THE MESSAGE IN, IN A SHORT SENTENCE.
SO, SO IF THERE'S ANYTHING YOU HAVE CONCERN THAT YOU CAN GET WITH ME AND TELL ME, AND, UH, I, I DON'T PURCHASE PARTICULARLY HAVE ANYTHING SPECIFIC, BUT I'M, I'M JUST, I'M THINKING ABOUT WELL, I MEAN WE, WE STILL HAVE A MONTH OR SO TO GET TO THE FINAL LANGUAGE.
WASN'T IT THE TELE TWO CITIES? THEY HAD LIKE 10 PAGES WAS THE ONE SENTENCE.
ANY OTHER QUESTIONS? COMMENT? I HAVE A MOTION ON THE SECOND THAT WE APPROVED THE RECOMMENDATION FROM THE, UH, CHARTER REVIEW FOR THE MAY, 2023 ELECTION.
NEXT AYE WOULD BE CO UH, CONSIDERATION OF POSSIBLE ACCESS TO ADOPT RESOLUTION NUMBER OH ONE DASH 2023 AUTHORIZING PURCHASING SERVICES THROUGH THE TEXAS SMART BUY MEMBERSHIP PROGRAM.
I'M NOT GONNA READ THIS ON THE THING.
UH, CHIEF, UH, LOCATED THIS, UH, PURCHASING COOPERATIVE, UH, IT'S VERY SIMILAR TO, SO WHAT ARE WE BUYING? BECAUSE I LOOKED AT IT, BUT I DO QUITE UNDERSTAND EXACTLY.
WE USE IT TO BUY THINGS FROM THESE FOLKS.
SO, SO IF THEY'RE SELLING BULLETPROOF VEST FOR $400 AND SOMEBODY ELSE IS SELLING 'EM FOR 600, WE CAN BUY 'EM FROM THESE FOLKS IF WE APPROVE THIS RESOLUTION BECAUSE IT WAS SOMETHING LIKE THE STATE OF TEXAS WERE LIKE PIGGYBACKING ON THEY'RE BUYING CORRECT.
AND I, THIS, SO THIS ALL REALLY, I I, IT'S NOT LIKE I SEARCHED THIS OUT.
THIS CAME BY NECESSITY ACTUALLY WHERE WE BUY OUR DWI UH, TEST KITS WHERE THEIR BLOOD VIAL KITS AND EVERYTHING FROM THE STATE, ACTUALLY THEY NO LONGER WILL LET US BUY DIRECT FROM THEM.
UH, UNLESS WE WENT, WE WERE WORRIED AS WE GOT TO THE NEW YEAR THAT WE WERE GONNA RUN OUT.
SO WE ACTUALLY, THE ONLY OTHER WAY WE COULD GET 'EM IS WE TOOK A TRIP TO AUSTIN AND DROVE UP THERE, BOUGHT THEM IN PERSON AND THEN CAME BACK.
SO YEAH, THIS HERE, I MEAN THERE'S PLENTY OF OTHER THINGS THAT INMATE OPEN UP SOME POSSIBILITIES FOR THE ENTIRE CITY, BUT OUTTA NECESSITY, THIS IS ONE OF THE THINGS WE'VE GOTTA USE TO GET THOSE.
AH, AND JUST TO KINDA TACK ON THAT, WE, LIKE, WE HJC OR WE THOSE PURCHASING PROGRAMS THAT LOCAL GOVERNMENTS OR LOCAL QUASI GOVERNMENTS AND THEN LET'S SAY WE NEED CHAIRS.
THEY WILL GO AND NEGOTIATE A CONTRACT WHERE THEY VENDORS FOR CHAIRS, FOR POLICE CARS OR VEHICLES THAT OUR MOST COMMON USAGE
[01:20:01]
MM-HMM.WE USE THAT MECHANISM WITHOUT HAVING TO, EVERY TIME WE NEED TO BUY A CAR TO DO A BID VEHICLE.
THEY GOT, GOT A LITTLE BIT OF EVERYTHING.
WELL AND THE OF EQUIPMENT THEY BARGAIN OUT AND UH, DO ALL THE UH, LABEL.
SO WE'RE, WE ARE POTENTIALLY COULD SAVE A GOOD CHUNK OF CHANGE THEN? WELL WE TYPICALLY, YEAH.
WE USE, LIKE I SAID, FOUR OR FIVE OF THESE NOW HAPPENS TO HANDLE NEED.
THESE FOLKS WOULD HAVE LAPTOPS OR CELL PHONES OR ANYTHING LIKE THAT.
AND THEN WE'LL ALSO PUT BARGAIN AGAINST EACH OTHER BECAUSE TIPS MAY HAVE A BETTER PRICE NEGOTIATED WITH HJC FIVE THAN SMART BUY.
AND THEN WE'LL GO TO THE VENDOR AND SAY, OKAY, WELL WE KNOW THAT HJC, THIS PRICE WILL TIPS HAS THIS AT A 12% DISCOUNT, CAN YOU GIVE US THAT PRICE THAT'S LIKE PIT, EBAY AND AMAZON AGAINST EACH OTHER? WELL AN IMPORTANT LEGAL PART OF THIS IS THAT AS A CITY, WHEN YOU BUY THINGS YOU HAVE TO, YOU HAVE TO GO GO THROUGH THE BID PROCESS.
UH, WHICH MEANS YOU HAVE TO PUBLISH YOUR REQUIREMENTS AND THEN ACCEPT BIDS AND THAT.
AND, BUT ONE EXCEPTION TO THAT LAW IS IF YOU'RE BUYING THROUGH THESE, ONE OF THESE INTERGOVERNMENTAL CO-OPS, THEN YOU DON'T HAVE TO GO THROUGH THE BID PROCESS.
SO THERE'S, YOU KNOW, TWO, TWO IMPORTANT PARTS.
NUMBER ONE IS TYPICALLY THESE BIG BUYING PROGRAMS, YOU SAVE MONEY, BUT ALSO YOU'RE, BY PARTICIPATING IN THESE CO-OP PROGRAMS, YOU'RE AVOIDING HAVING TO GO THROUGH ALL THE PUBLISHING AND THE PAPER AND THE WHOLE BID PROCESS TO BUY THINGS.
AND SO UNDER THE STATUTE, THIS IS ONE OF THE SPECIFIC EXCEPTIONS THAT YOU DON'T HAVE TO GO THROUGH THE BID PROCESS FOR.
WHAT ARE THE STATE LAWS THAT ACTUALLY HELPED YOU
WHICH IS MINIMAL COMPARED TO, YEAH, I THINK THIS, I THINK THIS ONE'S A YEARLY $100 FEE.
I DIDN'T KNOW IF THAT WAS MONTHLY OR IF THAT WAS ANNUAL.
ANNUAL MEMBERSHIP FEE IS $100 NINE.
ANYONE CARE TO MAKE A MOTION TO APPROVE RESOLUTION NUMBER OH ONE DASH 2023 AUTHORIZING THE PURCHASE SERVICES THROUGH TEXAS SMART BUY MEMBERSHIP PROGRAM? NO.
DO I HAVE A SECOND? I'LL SECOND.
COUNCIL PERSON MAD MAKES A SECOND DISCUSSION, COMMENT QUESTIONS.
HEARING NONE, I'LL ENTERTAIN A VOTE.
NEXT ITEM IS CONSIDERATION AND POSSIBLE ACTION TO ADOPT RESOLUTION NUMBER 2 20 23 AUTHORIZING THE MASTER SERVICE AGREEMENT WITH FREEZE NICHOLS AND IT WOULD BE RESOLUTION NUMBER OH 2 20 23 AND RESOLUTION.
THE CITY COUNCIL, THE CITY OF FLUTE, TEXAS APPROVING MASTER SERVICES AGREEMENT WITH FREEZING NICKELS INC.
FOR THE PROVISION OF ENGINEERING SERVICES RELATED TO CERTAIN DRAINAGE PROJECTS AND SYSTEMS. WHEREAS FREEZING NICHOLS INC.
HAS FNI FNI BEEN VETTED BY FOR A PLACE ON THE CITY'S APPROVED ENGINEER ENGINEERING POOL FOR SEVERAL YEARS NOW.
WHEREAS THEY DID PREVIOUSLY DEVELOP AND AUTHOR A JOINT DRAINAGE STUDY FOR THE CD AND ITS PARTNER THE CITY OF LAKE JACKSON.
WHEREAS THAT STUDY WAS KEY TO FORMULATING THE CITY'S CAPITAL IMPROVEMENT PLAN C I P FOR DRAINAGE AND ALSO IN THE DEVELOPMENT OF A SUCCESSFUL G O C D B G HAZMAT GRANT APPLICATION RESULTING IN THE DEDICATION OF MORE THAN 9.6 MILLION FOR REGIONAL DRAINAGE IMPROVEMENTS, WHEREAS THE CITY IS THE DRYER.
SO USING FNI AS EXPERT AND PROFESSIONAL SERVICES ON MATTERS AFFECTING DRAINAGE IN OUR CITY.
NOW THEREFORE BE RESOLVED BY THE CITY COUNCIL TO INCLUDE TEXAS TO THE MATTER SERVICE PLAN ATTACHED HERE TO BETWEEN THE CITY OF FLUTE AND FREEZING NICHOLS, INC.
IS APPROVED READ PATH AND ADOPTED THIS 12TH DAY OF JANUARY, 2023.
BE SIGNED BY MYSELF AND TESTED BY ROAD APPOINTMENT CITY CLERK.
AND I PRESUME LEGAL HAS REVIEWED THE AGREEMENT AND IS IN AGREEMENT.
[01:25:01]
OH, I'M GOOD.I JUST HAVE TO DO LIKE THIS CUZ THE MONITOR'S IN THE LETTER
ANYONE CARE TO MAKE A MOTION TO APPROVE RESOLUTION NUMBER OH TWO DASH 2023.
SECONDED BY ALL SECOND COUNCIL PERSON MADOX.
QUESTIONS, COMMENTS? HEARING NONE, I WILL ENTERTAIN A VOTE.
NEXT ITEM WILL BE CONSIDERATION AND POSSIBLE ACTION TO ADOPT RESOLUTION NUMBER OH THREE DASH 2023 AUTHORIZING TASK ORDER NUMBER ONE UNDER THE MASTER SERVICE AGREEMENT BETWEEN THE CITY AND FREEZE AND NICKEL LINK FOR ENGINEERING DESIGN SERVICES RELATED TO THE US DEVELOP US DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, HUD COMMUNITY DEVELOPMENT BLOCK GRANT.
CDBG MITIGATION MIT PROGRAM, REGIONAL FLOOD RISK REDUCTION PROJECT UNDER TEXAS GENERAL LAND OFFICE G O PROGRAM.
HAVE A REQUEST FROM STAFF THAT THIS PARTICULAR ITEM BE POSTPONED.
I WILL CONSIDER A MOTION TO TABLE.
THIS ITEM MAY MOVE BY COUNCIL QUINN, DO I HAVE A SECOND? SECOND.
I'LL SECOND THAT IT BE POSTPONED.
ANY DISCUSSION TO CLARIFY FOR COUNSEL, WE'RE GONNA THIS REQUEST FOLLOW MEETING THIS AFTERNOON WITH FS SCOPE RESET.
BRING THAT BACK TO YOU GUYS BACK AT THE END OF JANUARY.
ANY OTHER QUESTIONS, COMMENTS? HAVE A MOTION AND A SECOND TO TABLE THIS ITEM.
HEARING NO ADDITIONAL QUESTIONS OR COMMENTS? I WILL ENTERTAIN A VOTE.
UNANIMOUS ITEM HAS BEEN TABLED.
[VII. NOTICE/ANNOUNCEMENT OF UPCOMING EVENTS AND MEETINGS ]
NEXT IT ITEM IS NOTICE AND ANNOUNCEMENT OF UPCOMING EVENTS AND MEETINGS.MARTIN LUTHER KING DAY IS THIS COMING MONDAY, JANUARY 16TH, THE CITY OFFICES WILL BE CLOSED.
WE WILL HAVE A TOWN HALL MEETING ON THURSDAY, JANUARY THE 19TH, 2023 AT 6:30 PM AT THE BR HESTER COMMUNITY CENTER IN REFERENCE TO THE, UH, LIVABLE CENTER.
LIVABLE CENTER, YEAH, THE LIVABLE CENTER STUDY.
I KNEW SOMETHING WENT DOWN, SOMETHING WENT DOWN MY WIND PIPE, SORRY.
AND THEN WE WILL HAVE A JOINT PUBLIC HEARING AND A REGULAR COUNCIL MEETING ON THURSDAY, JANUARY 26TH, 2023 AT 7:00 PM THE CITY COUNCIL MEETING.
THURSDAY, FEBRUARY THE NINTH, 2023 AT 7:00 PM IN THE CITY COUNCIL MEETING.
THURSDAY, FEBRUARY 23RD, 2023 AT 7:00 PM AND THE NEXT ITEM WOULD BE ADJOURN.
MOVED BY COUNCIL MC QUINN AND SECONDED BY IT.