[00:00:01]
BOB.[I. COMMENCEMENT]
HEREBY GIVEN OF RECORD COUNCIL MEETING TO BE HELD ON THURSDAY, FEBRUARY 9TH, 2023 AT 7:00 PM AND THE COUNCIL CHAMBERS OF FLUTE CITY HALL, LOCATED AT 1 0 8 MAIN STREET, FLUTE, TEXAS 70 75 31.FOR THE BELOW LISTED ITEMS, CITY COUNCIL RESERVES A RIGHT TO ADJOURN THE 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 INCLUDED BUT NOT LIMITED TO SECTIONS 5 5 1 0.071.
CONSULTATION WITH AN ATTORNEY, 55 1 0.072 DELIBERATION ABOUT REAL PROPERTY 5 5 1 0.073 DELIBERATIONS ABOUT GIFTS AND DONATIONS.
55 1 0.076 DELIBERATION ABOUT SECURITY DEVICES 55 1 0 8 7.
ECONOMIC DEVELOPMENT, 4 1 8 0.17 5.183 DELIBERATIONS ABOUT HOMELAND SECURITY ISSUES AND IS AUTHORIZED BY THE TEXAS TAX CODE.
INCLUDE BUT NOT LIMITED TO SECTION 3 2 1 0.3022 SALES TAX INFORMATION.
THE AGENDA PACKET AND THE VIDEO LINK ARE POSTED ON THE CITY'S WEBSITE@WWWINCLUDETEXAS.GOV.
PUBLIC COMMENTS WILL BE ALLOWED IN PERSON AND WILL OCCUR AT THE BEGINNING OF THE MEETING UNDER THE PUBLIC COMMENTS ITEM.
TO REGISTER TO SPEAK OR TO SUBMIT WRITTEN COMMENTS, PLEASE EMAIL CITY CLERK ROSIE PORT OFIT, ROSIE CLTE TEXAS.GOV.
AT LEAST TWO HOURS IN ADVANCE OF THE MEETING, RECORDING OF THE VIDEO MEETING WILL BE MADE AVAILABLE UPON WRITTEN REQUEST TO THE PUBLIC IN ACCORDANCE WITH THE OPEN MEETINGS ACT MEETING HAS NOW BEEN CALLED TO ORDER MR. BOND.
WOULD YOU CARE TO PRAY OVER US? THANK ANOTHER THANK YOU FOR TO DO TO, TO SUPPORT OUR COMMUNITY.
UNITED STATES OF AMERICA TO THE REPUBLIC FOR WHICH STANDS? ONE NATION UNDER GOD.
INVISIBLE LIBERTY JUSTICE FOR ALL.
NEXT ITEM WOULD BE ROLL CALL CALVIN SHIFFLET.
EVERYONE PRESENT? NEXT ITEM WOULD BE CITIZENS VISITORS COMMENTS.
I SEE NONE IN THE, NO ONE HAS SIGNED UP.
SO WE'LL FOREGO READING THAT AND MOVE TO THE NEXT
[III. CONSENT AGENDA]
ITEM ON THE AGENDA, WHICH IS THE CONSENT AGENDA.ITEMS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED ROUTINE OR GENERALLY ENACTED IN ONE MOTION.
THE EXCEPTION TO THIS RULE IS THAT COUNCIL MEMBERS MAY REQUEST ONE OR MORE OF THE ITEMS BE REMOVED FROM THE CONSENT AGENDA FOR SEPARATE ACTION.
TONIGHT'S AGENDA CONSISTS OF MINUTES.
REGULAR COUNCIL MEETING JANUARY 26TH, 2023 AT 7:00 PM UH, DO I HAVE HEAR A MOTION TO APPROVE THE CONSENT AGENDA? MARY? I'LL MAKE A MOTION TO APPROVE.
COUNCILMAN AGUILAR MAKES THE MOTION.
DO I HAVE A SECOND? I'LL SECOND.
ANY ITEM NEED TO BE REMOVED? ANY DISCUSSION? HEARING NONE.
[IV. BUSINESS ITEMS]
THE NEXT ITEM ON THE AGENDA.AND AS BUSINESS ITEMS AND UNDER BUSINESS ITEMS, ITEM A IS CONSIDERATION IMPOSSIBLE ACTION TO APPROVE RESOLUTION NUMBER 10 23 10 DASH 2023, AMENDING THE EXTENDED P C A INTERLOCAL AGREEMENT WITH FREEPORT AND SP C A OF BRAZORIA COUNTY AND IT WOULD BE RESOLUTION NUMBER 10 DASH 2023, RESOLUTION OF CEDAR KLUTE, TEXAS APPROVING THE EXTENSION OF INTERLOCAL AGREEMENT WITH THE SOUTHERN BRAZORIA COUNTY SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS S SPCA, A FOR SHELTER OPERATIONS, WHEREAS THE CITY'S PARTNERSHIP WITH THE CITY OF FREEPORT AND THE SBA CA FOR SHELTER SERVICES SET TO EXPIRE THE END OF FEBRUARY, 2023.
AND WHEREAS THE CITY COUNCIL AND THE CITY OF CLO LEADS TO, IN THE BEST INTEREST OF THE HEALTH AND WELFARE OF OUR CITIZENS TO EXTEND THIS AGREEMENT, TO ENSURE CONTINUITY OF SERVICES AND FINANCE.
NOW THEREFORE, BEING RESOLVED BY THE CITY COUNCIL OF CITY INCLUDE TEXAS, THAT THE AGREEMENT ATTACHED HERE TOO IS APPROVED FOR THE EXTENSION OF THE SHELTER OPERATIONS SERVICES BETWEEN THE CITY INCLUDED AND THE SOUTHERN MISSOURI COUNTY S SP C C A THROUGH SEPTEMBER THE 30TH, 2024, AND IS HEREBY APPROVED AND
[00:05:01]
AUTHORIZED FOR EXECUTION BY THE MAYOR.THE RESOLUTION WAS DU WOULD BE DULY PASSED ON THE NINTH DAY OF FEBRUARY, 2023 AND IT WOULD BE SIGNED BY MYSELF AND AS TESTED BY ROSE APPOINTMENT CITY CLERK.
THIS IS THE SAME CONTRACT YOU PREVIOUSLY PASSED BACK IN THE FALL.
UH, THE CITY OF LAKE JACKSON IS ASKED TO BE EXCISED FROM THE CONTRACT AND ASKED THAT, REMOVE THEIR LANGUAGE FROM THE CONTRACT.
AND SO THAT'S WHAT WE'VE DONE.
UM, AND THAT'S, AS YOU'LL RECALL, THEY'RE MOVING OUT ON THEIR OWN.
THEY HAD EXPECTED TO BE IN THEIR OWN FACILITY, UH, AT THE START OF THIS MONTH.
THAT'S NOT GONNA HAPPEN NOW FOR PROBABLY 18 MONTHS.
UH, AND FREEPORT AND OURSELVES HAVE AGREED WITH C A TO CONTINUE AT OUR CURRENT BUDGET LEVEL THROUGH THE END OF THIS TERM.
AND WE SET THAT TERM IN SEPTEMBER 30TH, 2024.
UM, I'M ASSUMING THEIR FACILITY'S NOT FINISHED, SO THEY'RE GOING TO NEGOTIATE A, A SHORTER TERM FOR THEIR USE.
THAT'S THEIR, THAT'S MY ANSWER.
THEIR FACILITY HASN'T EVEN STARTED.
CAUSE I WAS TRYING TO BE NICE.
YEAH, NO, THEY, THEY'RE, THEY'RE, UH, THEY WILL ADMIT THAT THEY'RE BEHIND THE EIGHT BALL ON THEIR PROJECT AND YEAH, THEY WILL SUBMIT A PROPOSAL TO S B C A SEPARATE AND APART FROM THE CITIES OF FREEPORT AND INCLUDE, AND I GUESS THEY, WELL, NEVERMIND.
AND WE HAVE BUDGETED, WHAT WAS IT, 90,000? UH, I THINK 85 6, I BELIEVE IS THE BUDGET.
THAT'S WHAT THE, UH, AMOUNT IN THE CONTRACT PAPERS SALES, I BELIEVE.
I KNOW WITHOUT THOSE YEAH, IT WAS, IT WAS, YEAH, IT WAS LESS THAN 90,000.
I THOUGHT WE HAD DONE 90, BUT WE PROBABLY ROUNDED IT UP WHEN WE WERE TALKING ABOUT IT.
IT'S PROBABLY WHERE I GOT THE 90 FROM.
WOULD THAT BE ABLE TO FULFILL THEIR NEEDS WITHOUT THE INPUT OF SOMEONE ELSE? AS PCA SAID THAT THEY WERE GOOD CONTINUING ON AT OUR EXISTING LEVELS WHEN WE TALKED WITH HIM, AND, UH, I PRESUME THAT IF THAT'S NOT THE CASE, THEY'LL COME BACK TO US, BUT THEY SAID THAT THEY FELT CONFIDENT THAT THEY COULD MEET OUR NEEDS AT THAT COST.
AND KEEP IN MIND THAT, YOU KNOW, ONCE LAKE JACKSON DOES GO OFF ON THEIR OWN, THEIR, THE ANIMALS FROM THERE WON'T BE GOING TO THE S SPCA A SO THAT'LL TAKE SOME OF THE BURDEN OFF THE S SPCA A I WOULD THINK.
AND THE S C A HAS DONE A LITTLE BIT OF REORGANIZATION.
THEY ALL, THEY HAVE ONLY ONE SET OF BOOKS TO KEEP NOW, SO THEY'VE CUT THEIR COSTS ON.
SO IT, IT'S A, IT'S A WIN-WIN FOR, FOR EVERYBODY BECAUSE I MEAN, IF WE HAD TO HAVE OUR OWN, IT WOULD COST US A HALF A MILLION DOLLAR A YEAR, PROBABLY.
WELL, MAYOR OLL, MAKE A MOTION TO APPROVE RESOLUTION NUMBER 10 DASH 2023.
HAVE A MOTION BY COUNCILMAN AGUILAR.
DO I HAVE A SECOND? SECONDED BY COUNCIL MCQUEEN.
FURTHER DISCUSSION, HEARING DONE.
THEN WE WILL REMOVE TO ITEM B CONSIDERATION POSSIBLE ACTION TO ADOPT RESOLUTION NUMBER 11 DASH 2023.
AND IF I GET THE PAGE TURN, BE A RESOLUTION OF THE CITY OF KLUTE TEXAS URGING THE STATE OF TEXAS TO PROVIDE FUNDING FOR HURRICANE PROTECTION FOR THE PEOPLE IN COMMERCE IN BRAZORIA COUNTY, TEXAS, THE CITY COUNCIL AND THE CITY OF KLUTE, TEXAS.
THE CITY FINDS THAT THE FOLLOWING FACTS ARE TRUE, AND THIS RESOLUTION IS BASED ON THESE FACTS.
CITY OF KLUTE IS GRATEFUL FOR THE SUPPORT PRO PROVIDED BY THE STATE OF TEXAS IN RECENT YEARS TO IMPROVE STORM AND FLOOD FOR PROTECTION ALONG THE TEXAS COAST.
TOWARD THAT END, VELASCO DRAINAGE DISTRICT V D D IS CONS, IS CONSTRUCTING THE CONGRESSIONALLY AUTHORIZED FREEPORT AND VICINITY HURRICANE FLOOD PROTECTION PROJECT, FREEPORT HF PPP, TOGETHER WITH THE US ARMY CORPS OF ENGINEERS INDUSTRIAL COMPLEX.
AND V D D IS THE LIFEBLOOD OF THE LOCAL ECONOMY AND SIGNIFICANT TRIBUTE TO THE ECONOMY OF TEXAS AS A WHOLE.
THE TAXABLE VALUE JUST IN V D D, WHICH IS AS THE SOUTHERN PART OF BRAZORIA COUNTY, EXCEEDS 10 BILLION.
AND THE ACTUAL VALUE, INCLUDING ABATED AND EXEMPT VALUES, IS MORE THAN 25 BILLION COUNTYWIDE.
THE TAXABLE VALUE IS OVER 65 BILLION.
WITH THE ACTUAL VALUE EXCEEDING 75 BILLION.
OBVIOUSLY THESE VALUES ARE WORTH PROTECTING.
BRAZORIA COUNTY IS GROWING RAPIDLY ACCORDING TO THE US CENSUS ESTIMATES BY THE POPULATION HAS INCREASED BY 46% SINCE 2000 TO ALMOST 400,000.
BY 2040, BRAZORIA COUNTY IS EXPECTED TO HAVE 600,000 RESIDENTS.
THOSE PEOPLE IN INDUSTRIAL DEVELOPMENTS ARE VER VULNERABLE TO TROPICAL STORMS, AND A HUNDRED PERCENT OF
[00:10:01]
THE COUNTY IS IN THE HURRICANE EVACUATIONS ZONE.AN ESTIMATED 20% OF COUNTY RESIDENTS LIVE IN THE 100 YEAR FLOOR FLOOD PLANE ENHANCING BOTH OUR STORM PROTECTION AND INTERIOR DRAINAGE IS ESSENTIAL TO URGENT LIFE SAFETY AND ECONOMIC GROWTH NEEDS.
ACCORDINGLY, V D D EXECUTED A PROJECT PARTNERSHIP AGREEMENT PPA WITH THE CORE OF ENGINEERS ON MARCH 16TH, 2021 FOR THE FREEPORT HF PPP.
UNDER THAT AGREEMENT, V D D'S 35% SHARE OF PROJECT COST IS $246,446,900.
AS V D D DOES NOT HAVE FUNDS TO MEET THE REQUIRED SHARE OF PROJECTS COSTS, THE CITY UNDERSTANDS THAT V D D COMMITTED TO THE PPA WITH THE CORE ENGINEERS ONLY AFTER OBTAINING A LOCAL COOPERATIVE AGREEMENT WITH THE TEXAS GENERAL LAND OFFICE, TX G O FOR STATE FUNDING FOR VDS, QUARTER BILLION DOLLAR OBLIGATION FOR THE FREEPORT HF PPP, THE 86 LEGISLATURE APPROPRIATED 200 MILLION TO THE TEXAS G O TO PROVIDE STATE BATCHING FUND FOR CORPS OF ENGINEER PROJECTS IN TEXAS.
FROM THOSE FUNDS, TL TX G L O ALLOCATED 20 MILLION TO V D D, WHICH ENABLED V DD TO EXECUTE THE PPA WITH THE CORE AND INITIATE THE FREEPORT H F P.
THE CITY UNDERSTANDS THAT V DD WILL REQUIRED ADDITIONAL TWO HUNDRED TWENTY SIX THOUSAND FOUR HUNDRED FORTY SIX THOUSAND NINE HUNDRED DOLLARS TO MEETS REQUIRED PORTION OR REQUIRED SHARE OF THE PROJECT COST.
HOWEVER, THE 87TH LEGISLATURE DID NOT ALLOCATE ANY FUNDS FOR THE FREEPORT H F PPP.
MOREOVER, THE CITY UNDERSTANDS THAT THE STATE MIGHT NOT INTEND TO PROVIDE ANY FURTHER FUNDING FOR THE FREEPORT H FPP.
ALTHOUGH WE UNDERSTAND THAT V D D ENTERED INTO THIS QUARTER BILLION DOLLAR OBLIGATION ON THAT PROJECT, AND RELIANCE ON THE LOCAL CORPORATE CORPORATION AGREEMENT WITH THE TX G O FOR THAT FUNDING, THE CITY BELIEVES THAT SUCH APPROPRIATION SHOULD BE PROVIDED.
CONSIDERING VD D'S RELIANCE ON SUCH FUNDING AND THE EXTREME IMPORTANCE OF THIS PROJECT, LEGISLATURES TO DECISION ON FUNDING OF THE FREEPORT H F P P U WILL AFFECT THE ECONOMY OF TEXAS AS A WHOLE, WILL HAVE A MASSIVE ECONOMIC IMPACT ON THE HUNDREDS OF THOUSANDS OF PEOPLE AND THE INDUSTRIES IN MISSOURI COUNTY.
NOW THEREFORE, THE CITY COUNCIL OF CITY OF KLUTE, TEXAS HEREBY RESOLVES AS FOLLOWED.
THE CITY OF KLUTE RESPECTFULLY URGES THE STATE OF TEXAS TO APPROPRIATE FUNDS FOR THE VELASCO DRAINAGE DISTRICT OBLIGATION ON THE PROJECT PARTNERSHIP AGREEMENT FOR THE FREEPORT HURRICANE AND FLOOD PREVENTION PROJECT.
PURSUANT TO THE LOCAL COOPERATIVE AGREEMENT WITH THE TEXAS GENERAL LAND OFFICE, IT WOULD BE READ PAST AND ADOPTED ON FEBRUARY THE NINTH, 2023, SIGNED BY MYSELF AND TESTED BY ROSIE APPOINTMENTS.
MR. MAYOR JOE WILLIAMS IS HERE ON BEHALF OF THE DISTRICT.
OH, THE RESOLUTION SAYS MILLION, SO I THINK WE'RE OKAY HERE IT WORK.
OH, NO, I CAN'T HEAR WHAT YOU SAY.
MR. WILKINSON WAS POINTING OUT THAT THE, THE, THERE WAS A STATEMENT ABOUT THOUSANDS, BUT IT'S MILLIONS OF DOLLARS.
SO 246 MILLION, UH, IS THE PRICE TAG FOR THE, UH, FREEPORT PROJECTS.
AND THERE ARE SEVERAL LISTED THE BROCHURE ATTACHED WITH THE, UH, WITH THE RESOLUTION DETAILS, WHAT THOSE PROJECTS ARE.
UH, WE HAVE THE CITY, UH, CONCERNS ABOUT THE EFFICACY OF, UH, SOME OF THE DRAINAGE PUMPING THAT MIGHT IMPEDE OUR WATER FLOW OUT IF WE WERE TO HAVE AN EVENT.
UH, BUT OUTSIDE OF THAT, THE REALITY IS, IS A V D D WOULD END UP HAVING TO PASS A BOND OR LETTING DEBT, WHICH WOULD THEN IMPACT OUR TAXPAYERS AND OUR TAX RATES, UH, ON TOP OF AN OVERLY BURDENED POPULATION.
AND SO, UH, STAFF RECOMMENDS APPROVAL OF THIS RESOLUTION IN SUPPORT OF EDDS EFFORTS TO, UH, OBTAIN FUNDING FROM THE STATE OF TEXAS, UH, TO HELP OFFSET THOSE COSTS.
SO ALL WE WOULD BE VOTING ON IS NOT, WE'RE VOTING FOR THE PROJECT TO GO AHEAD.
IT'S JUST, YES, YOU MAY GO TO THE STATE OF TEXAS AND ASK FOR THESE FUNDS.
THIS IS, WE'RE URGING THE STATE OF DETECTIVES TO APPROPRIATE THE FUNDS, THE PROGRAM.
BUT WE'RE NOT AGREEING TO THE PROJECT AND NO, MA'AM.
SO IF THE STATE SAYS NOPE, WE CAN STILL SAY NOPE TO THE WHOLE PROJECT.
WE CAN STILL STILL VOICE OUR OBJECTION TO THE PROJECT AND THE STATE.
THIS IS BASICALLY AN ASK BECAUSE THE STATE KIND OF ASKED V D D, HEY, WE'RE GONNA PRIME THE PUMP FOR YOU TO GET INTO IN BED ON THIS PROJECT,
[00:15:01]
FOLLOW THAT UP WITH SOME FUNDING, PLEASE, TO HELP OFFSET THOSE COSTS.HOW LONG, HOW LONG DOES V D D HAVE TO GET ALL THE FUNDING? WELL, SO IF YOU LOOK AT THE BACK OF THE BROCHURE, THEY TALK ABOUT FINANCING GUARANTEES STARTING IN 2025 WITH CONSTRUCTION OR CONSTRUCTION STARTING IN 2025.
COMPLETION OF 2028 IS WHAT THEY TOLD US AT THE OPEN HOUSE.
THEY'RE GONNA HAVE TO GO BACK AND DO SOME ADDITIONAL DUE D I'M SORRY, SOME ADDITIONAL DUE DILIGENCE, UH, RELATED TO WHAT EXACTLY THE IMPACT OF THESE PROJECTS IS GONNA BE ON THE BACKWATER OR BACK STREAM, UH, SUPPLIER.
SO WITH PROJECT TWO A, THEY TALK ABOUT INSTITUTING A PUMP FACILITY ALONG THE DOW BARGE CANAL THAT IS GONNA PUMP 1.1 MAN GALLONS OF WATER INTO THE FRESHWATER CANAL, WHICH IS WHERE OUR OUTFLOW GOES DURING A STORM.
AND SO THEY DID NOT EVEN TAKE INTO ACCOUNT WHAT THAT IMPACT MIGHT BE ON OUR DRAINAGE SYSTEM.
IN THE EVENT OF A STORM, THEY'RE GONNA HAVE TO GO BACK AND RETHINK THAT.
SO THE CALENDAR, EVEN THOUGH THEY TALK ABOUT A PRETTY AGGRESSIVE DEVELOPMENT DESIGN, FUNDING SCHEDULE AND COMPLETION SCHEDULE, THERE'S NO WAY THAT THEY'RE GONNA BE ABLE TO MEET THAT BECAUSE THEY'VE GOTTA COME BACK AND, AND REDO SOME OF THESE STUDIES.
WE WERE ASSURED, UH, DURING THE OPEN HOUSE LAST WEEK IN LAKE JACKSON BY, UH, US CORE STAFF, THAT IT WAS ILLEGAL FOR THEM TO IMPEDE THE FLOW OF OUR WATER IN ANY WAY, SHAPE, OR FORM.
AND THEY WOULD HAVE TO MITIGATE THAT SOMEHOW.
BUT THAT MITIGATION PROBABLY LIES WITH V D D BEING FORCED TO EXPEND ADDITIONAL DOLLARS TO MOVE THE WATER FASTER, WHICH AGAIN, PUTS THE BURDEN RIGHT BACK ON OUR HOMEOWNERS AND OUR TAXPAYERS.
JOE, DID YOU HAVE ANYTHING YOU WANTED TO, WELL, C THINK YOU COVERED COME UP TO THE, COME UP TO THE MIC.
UM, JUST TO ADD, WHAT CJ SAID EARLIER WAS, UH, OUR POSITION AS V D D IS TO MAKE SURE THAT, UH, THE FUNDING THAT, UH, WE'RE ACTUALLY TRYING TO INQUIRE IS TO HELP BUILD OUR LEV SYSTEM.
BUT WE HAVE PUSHED BACK A LOT OF, UH, WHAT THE CORE WAS POTENTIALLY WANT TO DO, UH, BECAUSE WE DIDN'T SEE THAT IT WAS NECESSARY.
AND AS, UH, THE CJ SAID EARLIER ABOUT THE OVERFLOW ON THE DOW BOGE CANAL, UH, THAT'S GONNA DUMP AGAIN, 1.1 MILLION GALLONS OF WATER INTO THE MAIN DITCH THAT RUNS TO THE INTERCEPTOR CHANNEL, UH, WHICH COULD POTENTIALLY FLOOD THE CITIES, UH, AS WELL AS LAKE JACKSON AND INCLUDE.
SO OUR PUSHBACK IS WE DON'T WANT THE OVERFLOW, WE DON'T WANT THE LIFT GATE.
SO, UH, WE ARE WILLING TO WORK WITH THE ARMY CORPS ON SOME PROJECTS THAT MAKE SENSE.
SO, UH, THEREFORE THAT'S, THAT'S OUR POSITION RIGHT NOW AS VELASCO.
WE'VE MET WITH THE COURT TODAY AND HAD DISCUSSIONS ABOUT THIS.
SO THEY'RE GOING BACK TO THE DRAWING BOARD.
AND SO SOME OF THE, AND, AND A LOT OF THIS ELEVATION IS GONNA BE BASED ON THE FLANKING.
SO, UH, THAT'S FROM THE HIGH BANK OF THE OYSTER CREEK.
SO WE, UH, THEY'RE GOING BACK TO THE DRAWING BOARD AND, UM, AND REVISIT, UH, THIS, THIS PROJECT.
SO IS IT POSSIBLE THAT THE COST OF THE PROJECT COULD GO DOWN? YES, THAT IS CORRECT.
WELL, THE, THE THING THAT I HEARD THE NIGHT THAT THEY MADE THE PRESENTATION IS THAT THE ENGINEERING IS NOWHERE NEAR COMPLETE.
SO, I MEAN, YOU KNOW, THEY, THEY KIND OF GOT THE CART BEFORE THE HORSE AS FAR AS THE, THE AMOUNT OF MONEY THAT THEY WERE GONNA NEED, BECAUSE THEY DON'T KNOW FOR SURE WHAT THEY'RE GONNA DO.
SO, YOU KNOW, THERE AGAIN, THEY GONNA HAVE TO GO BACK AND START THIS WHOLE PROJECT ALL OVER AGAIN.
I MEAN, AND, AND HERE AGAIN, I MEAN, EVEN IF OUR PORTION, EVEN IF Y'ALL'S PORTION IS 50 MILLION YES.
STILL LIKE TO SEE SOME OF IT COME FROM THE STATE OF TEXAS.
MAYOR, YOU CAN WRITE HIM A CHECK.
I HAVE A MOTION TO APPROVE RESOLUTION NUMBER 11 20 23.
SO, MOTION MOVED BY COUNCIL CHRIS, EXECUTIVE BY COUNCILMAN AGUILAR.
ANY FURTHER DISCUSSION? HEARING NONE, I'LL ENTERTAIN A VOTE.
MAYBE THE STATE OF TEXAS WILL TOO.
NEXT ITEM WOULD BE CONSIDERATION IMPOSSIBLE ACTION TO ADOPT RESOLUTION ON 12 DASH 2023.
AND IT WOULD BE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OCCLUDE,
[00:20:01]
APPROVING THE PROCUREMENT AND INSTALLATION OF A NEW 400 KW GENERATOR AT THE MARION STREET WELL GROUND STORAGE TANK TO ENSURE THE CITY MEETS THE REQUIREMENTS OF SENATE BILL THREE, ASSURING THE PROVISION OF POTABLE WATER FOR PUBLIC HEALTH AND SAFETY DURING EMERGENCY EVENTS.WHEREAS THE STATE, STATE OF TEXAS REQUIRES THAT ALL PUBLIC WATER SYSTEMS WORK TO PROTECT THE SAFETY AND WELFARE OF ALL CITIZENS THROUGH THE PROVISION OF POTABLE WATER DURING EMERGENCY EVENTS AND PERIODS OF LIMITED POWER AVAILABILITY.
AND WHEREAS THE CITY OF INCLUDES BACKUP GENERATOR AT THE MARION STREET WELL GROUND STORAGE TANK IS IN NEED OF REPLACEMENT.
AND WHEREAS THE CITY OF KLUTE, TEXAS HAS BUDGETED TO REPLACE THE BACKUP GENERATOR AT THAT SITE, AND THUS ENSURE THAT IT CAN MEET THE PROVISION OF THAT ACT.
WHEREAS STAFF HAS COLLECTED CERTIFIED QUOTES FOR SAID PROJECT FOR MULTIPLE POTENTIAL AVENGERS AND ALL QUOTES QUOTED, PRICES EXCEED $50,000.
AND WHEREAS THE CITY'S ADOPTED AND REVISED PURCHASING POLICY ALLOWS FOR THE, FOR THE EXCLUSION OF SEAL BID REQUIREMENTS FOR GOODS AND SERVICES OF MORE THAN $50,000 WHEN PROCURED THROUGH AN INTERLOCAL PURCHASING COOPERATIVE, OR IN THE NAME OF PUBLIC SAFETY AND WELFARE.
WHEREAS CITY HAS PREVIOUSLY JOINED THE QUAIS GROUP PURCHASING COOPERATIVE PROGRAM TO ENSURE COMPETITIVE PRICING, COMPETITIVELY PRICED PURCHASE OF GOODS AND SERVICES.
WHEREAS CUMMINGS INCORPORATED IS A REGISTERED QUAIS GROUP VENDOR WHO HAS NEGOTIATED PRICING FOR THIS SERVICE UNDER THE QUAIS GROUP PURCHASING CORED PROGRAM.
NOW THEREFORE BE RESOLVED BY THE CITY COUNCIL OF THE CITY OF INCLUDE TEXAS, THAT CUMMINS INCORPORATED IS HEREBY AWARDED THE BID TO REPLACE AND INSTALL A 400 KW GENERATOR AT THE MARION STREET WELL GROUND STORAGE TANK IN THE AMOUNT OF $238,388 TO ENSURE THE PUBLIC SAFETY AND WELFARE PROTECT THE CITY'S ABILITY TO PROVIDE POTABLE WATER IN THE EVENT OF EMERGENCY OR PROTRACTED PERIODS OF LIMITED POWER AVAILABILITY.
THIS RESOLUTION PASSED THIS NINTH DAY OF FEBRUARY, 2023, AND IT WILL BE SIGNED BY MYSELF, ATTESTED BY RO POINTENT CITY CLERK ON THE, UH, TOPIC OF UNFUNDED STATE MANDATES.
SB THREE PASSED AND REQUIRED US TO INSTITUTE REMEDIAL POWER FOR ALL OF OUR LIFTS, ALL OF OUR PUMPS AND WELLS.
UH, BUT DID NOT PROVIDE ANY FUNDING FOR THAT.
UH, WE BUDGETED ACTUALLY THE PAST TWO YEARS IN AN ATTEMPT TO MEET THE DEMANDS AND REQUIREMENTS.
SB THREE, WE HAVE A, WE HAVE A GENERATOR AT THE SITE NOW, SO WE ARE IN COMPLIANCE.
HOWEVER, IT NEEDS TO BE REPLACED.
WE'VE SIZED THIS, WE'VE SHOPPED IT, UH, WE'VE GOTTEN NUMBERS, UH, AS HIGH AS THREE 19.
THIS IS THE LOWEST NUMBER WE'VE GOTTEN.
UM, SO WE HAVE NOT PULLED THE TRIGGER YET.
THIS IS BASICALLY TO SECURE THE GENERATOR.
I KNOW THAT'S GONNA COME AS A SHOCK TO SOME OF Y'ALL.
UH, WE'VE BEEN TOLD, UH, WE CAN EXPECT A DELIVERY TIME OF 50 TO 50, 0, 51 WEEKS.
UM, SO WE BUDGETED AND WE'RE UNDER BUD OR WE'RE UNDER THE, WE DON'T HAVE ENOUGH BUDGETED IN THIS FISCAL CYCLE RIGHT NOW.
WE CAN MAKE THE ADJUSTMENT IF WE NEED TO, BUT WE ARE, IT'S OUR UNDERSTANDING THAT WE WILL NOT BE BILLED UNTIL WE ACTUALLY RECEIVE THE GENERATOR AT THAT TIME.
SO STAFF IS URGING THE RESOLUTION SO THAT WE CAN SIGN THE PO SO THAT WE CAN START THE 51 WEEK COUNTDOWN TO GET A NEW GENERATOR INSTALLED.
SO WHAT WE'LL NEED TO DO IS, IN THE FUTURE, SINCE WE HAVE THE 200,000 BUDGETED, IT'S JUST GONNA ROLL INTO THE NEXT FISCAL.
WE, WE, AND WE CAN CAN BUDGET IN THE 38,000 IN ADDITION.
OR IF IT ACTS OR IF IT HAPPENS TO COME IN, IN THIS BUDGET CYCLE, WE WOULD HAVE TO DO A BUDGET, DO A BUDGET AMENDMENT TO, TO PAY FOR IT THIS TIME.
SO I MEAN, DO WE HAVE LIKE A RESERVE FUND OR SOMETHING? WE HAVE, YOU'VE GOT THE SAVINGS ACCOUNT THAT WE, YOU'D GET ABOUT $4 MILLION LEFT IN THE CONSTRUCTION ACCOUNT AND ABOUT $3 MILLION OPEN EQUIPMENT REPLACEMENT IN THE, ON THE, IN FUND OH TWO.
AND THEN YOU'VE GOT ADDITIONAL FUNDS IN THE GENERAL FUND IF WE NEEDED TO MAKE A LOAN.
BUT HOPEFULLY WE DON'T HAVE A GENERATOR THAT COMES IN THAT HIGH, SO I'M SURE IT'S JUST NOTHING MAJOR.
BUT THIS SAYS THE CITY CREEK POLICE DEPARTMENT IS, THAT'S JUST HOW IT WAS.
MAYBE DO THEY HAVE TO SIGN A
NO, THAT'S NOT WHAT WE'RE SIGNING.
THEY'VE GOT OUR WRONG ADDRESS TO, THEY'VE GOT THE POLICE DEPARTMENT ADDRESS, BUT NOT CITY HALL.
WE CAN GET THAT CORRECTED ON THE ACTUAL CONTRACT.
THEY'RE SAYING THEY'RE DOING THE, THE ONE AT PD AS WELL.
SO WE HAD A GRANT THROUGH H G A C.
CUMMINS IS PROVIDING THAT ONE, AND I GUESS THEY JUST DECIDED THAT THAT WAS OUR MASTER ADDRESS.
[00:25:01]
I ASSUME, UH, CUMMINGS IS THE ONLY ONE.WE'VE TALKED WITH MOSER, WE'VE TALKED WITH, UH, COASTAL POWER.
WE'VE TALKED WITH, UH, I'M TRYING TO THINK.
WE'VE LOOKED AT SEVERAL DIFFERENT MAKE MODELS, VENDORS.
THIS IS THE BEST PRICE WE'VE GOTTEN SO FAR.
WE HAD ONE NEGOTIATED WITH MOSER THAT STARTED AT 2 88 AND BY THE TIME WE GOT READY TO PULL THE TRIGGER JUMPED UP TO THREE 20.
IT'S BEEN ALL OVER THE PLACE TRYING TO GET PEOPLE TO GUARANTEE.
AND SO ONCE WE LOCATED AQUAS AND THEY GUARANTEED US AS PRICE, WE FELT LIKE IT WAS TIME TO, NOT TO QUOTE THE POLICE, BUT PULL THE TRIGGER.
SO, AND YOU FEEL, UH, DO YOU FEEL CONFIDENT WITH COMING? I, YEAH.
I, I THINK WE'VE HAD GOOD LUCK WITH THEIR MOTORS IN THE PAST.
UM, I KNOW THAT, UH, THEY'VE AGREED ALSO TO TACK ON A, UH, MAINTENANCE AND MAINTENANCE PROGRAM TO GO ALONG WITH THIS AND THIS GENERATOR OVER HERE.
WE FEEL GOOD ABOUT THE MAKE AND MODEL.
UM, A LOT OF THE PLAYERS THAT USED TO DO THE MAINTENANCE, LIKE WALK HOUSE SHOP HERE, JUST DON'T WANNA COME DOWN HERE ANYMORE.
MOSER, THEY DECIDED THEY WEREN'T GONNA DO THE MAINTENANCE ANYMORE AND WE'RE JUST GONNA PROVIDE THE, THE GENERATOR AS WELL.
SO WE FEEL CONFIDENT IN THE MAKE THE MODEL AND, AND THE ACTUAL GENERATOR ITSELF, WHAT KIND OF WARRANTY DO THEY HAVE ON STUFF LIKE THAT? UH, USUALLY IT'S JUST IN CASE.
WELL, THAT'S WHY YOU PURCHASE THE MAINTENANCE PROGRAM TO GO WITH IT.
SO YOU MAKE SURE YOU STAY IN WARRANTY.
BUT TYPICALLY, I DON'T KNOW WHAT THE WARRANTY IS ON THIS.
IS IT TWO YEARS RIGHT NOW? TWO TWO WARRANTIES.
TWO CU TRACK, RIGHT? NO, TWO CUMINS GENERATES, BUT I'M TRYING TO THINK.
THE MA THE WARRANTY THAT ACTUALLY COMES WITH IT IS PRETTY LIMITED.
I WANNA SAY IT'S ONE YEAR PARTS IN LABOR, IF I'M NOT MISTAKEN.
SO, AND THEN THAT CAN BE EXTENDED BY USING THEM TO SERVICE THE UNITS.
DEFINITELY RUN OUT OF TIME BEFORE YOU RUN OUTTA HOURS.
25,000 HOUR PARK LABOR TRAVEL.
THAT'S FOR THE GENERATOR END OF IT.
THAT'S NOT FOR THE, FOR THE MOTOR END OF IT.
THE, THE SWITCH IS FIVE YEARS.
WHAT IT SAYS I'VE GOT COMING INTO MY HOUSE, READ SOMEWHERE JUST FROM HERE TO GO.
DID HE NOT QUITE, OH, UP IN THE TOP PART SAYS TRANSFER SWITCH WARRANTY IS FIVE YEARS OR AGAINST COMPREHENSIVE.
THAT'S SERVICE, RIGHT? WARRANTY.
NO, HE JUST CONCERNED YOU GUYS ABOUT OTHER GENERATORS.
SO DO WE LIKE RUN IT LIKE WHEN WE GET IT, WE GET SET UP? YOU HAVE TO, YEAH, YOU HAVE TO RUN 'EM PERIODICALLY TO MAKE SURE THAT THEY'RE READY TO GO.
WE TEST THEM MONTHLY, SOMETIMES MORE.
IF WE KNOW A STORM'S COMING IN, WE'LL COME BACK IN, SERVICE 'EM AND MAKE SURE THEY'RE READY TO GO.
UM, AND THEN AS FREQUENTLY AS WE LOST POWER AROUND HERE LATELY, THEY'VE BEEN RUN JUST TO RUN.
SO THIS NOT ONLY INCLUDES THE GENERATOR, BUT INCLUDES ALL THE SWITCHING AND RIGHT.
THEY'RE GONNA COME IN AND GET IT ALL SET UP FOR US AND READY TO GO.
SO WOULD THIS GENERATOR BE BACK THE FREEZE OF 2021? UM, WOULD THIS HAVE STOPPED? THE PROBLEM WE HAD WITH LIKE THE WATER PRESSURE WAS JUST NOTHING.
UM, BECAUSE THE ELECTRICITY WENT OUT AND WE HAD ISSUES.
IS, IS I WOULD I, SO I WOULD LIKE TO TELL YOU YES.
AND IT, IT UNDER RECREATING THE CIRCUMSTANCES THAT SURROUNDED THE WINTER EVENT IN 2021 IS PRETTY REMARKABLE.
AND I DON'T SEE THEM HAVE HER HAPPENING AGAIN.
BUT YOU HAD A CATASTROPHIC FAILURE ON MULTIPLE LEVELS THERE.
AND WHAT RESULTED, WHAT ENDED UP HAPPENING IN OUR SITUATION WAS QUITE FRANKLY, YOU HAD FUEL THAT COULDN'T GET TO US.
WE HAD GAS AT THE PUMP STATION AT LAKE BARBARA.
THE GAS DIDN'T MAKE IT TO THE, TO THE ACTUAL, UH, UM, MAKE IT TO THE GENERATOR THAT WE HAD OUT THERE.
IT WAS A CONFLUENCE OF THINGS THAT HAPPENED THAT WERE WAY OUTSIDE OF OUR CONTROL.
IT, IT WAS TRULY AN ACT OF GOD THAT WE WEREN'T ABLE TO, BUT THIS, BUT THEORETICALLY THIS ONE SHOULD COME ON, RUN ON NATURAL GAS, KEEP THE PUMP.
WE SHOULD FLOYD JUST MAKE SOME BIGGER SPRINKLERS INSTEAD OF WELL, YOU WOULD HOPE.
HOPEFULLY YOU DON'T HAVE THE CATASTROPHIC FAILURE.
LIKE WE HAD THAT AT THE PLANT THERE AS WELL.
YEAH, I MEAN, YOU KNOW, IT'S, UH, YOU KNOW, IT'S, ITS PURPOSE IS TO KEEP THE PRESSURE UP SO THAT WE DON'T HAVE UNDRINKABLE WATER.
IT'S NOT, NOT, IT'S NOT NECESSARILY, IT'S NOT NECESSARILY TO KEEP THE PRESSURE UP, IT'S TO KEEP OUR QUALITY UP.
[00:30:01]
THE CASCADE OF EVENTS WAS SO RAPID.IT, I STILL WAKE UP AT NIGHT THINKING ABOUT HOW BAD THINGS WENT.
SO I DON'T EVER PROMISE THAT THINGS ARE GOING TO NEVER HAPPEN LIKE THAT AGAIN.
CAUSE I NEVER IN MY LIFETIME WOULD'VE THOUGHT, BUT THIS GENERATOR, LIKE HE'S SAYING, IT'S RUNNING ON NATURAL GAS THAT'S GONNA HAVE A HOOKUP TOO.
SO WE'RE NOT GONNA BE WAITING FOR FUEL TO BE COMING IN OUTTA TOWN.
WELL, BUT HERE'S, HERE'S THE PROBLEM.
EVEN WHEN WE HAVE NATURAL GAS, LIKE WE HAD ON THE EAST SIDE OF TOWN, THE NATURAL GAS NEVER MADE IT THERE BECAUSE THAT SYSTEM FAILED AT THE STATE LEVEL.
SO THAT'S WHY I DON'T SAY, I, I DON'T EVER WANNA SAY THIS IS A SA A FAIL SAFE SITUATION.
BUT THIS IS, I THIS IS A GOOD STEP IN MAKING SURE THAT OUR IT'S INSURANCE.
JUST LIKE, JUST PAY FORT AND HOPE IT'S THERE WHEN YOU NEED, I MEAN,
BUT I DON'T EVER WANNA SAY THAT IT'S ABSOLUTELY FAIL SAFE BECAUSE LIKE I SAID, WE, WE HAD A GENERATOR ON THE EAST SIDE OF TOWN THAT WE COULDN'T GET GOING BECAUSE IT COULDN'T GET GAS TO IT.
SO, BUT THAT IS THE GENERATOR'S JOB IS TO KICK IN IN A CATASTROPHE LIKE THAT.
HURRICANE JUST BLEW THROUGH ALL ELECTRICITIES OUT.
CORRECT? ITS JOB IS TO KICK DURING HURRICANE NICHOLAS.
THAT'S HOW WE KEPT THE WATER GOING.
I GOT A MOTION IN A SECOND, RIGHT? NO SIR.
I HAVE A MOTION BY COUNCILMAN AGUIAR.
I'LL SECOND THANK YOU BY COUNCIL PERSON.
HEARING NONE, I'LL ENTERTAIN A VOTE.
NEXT TIME WILL BE CONSIDERATION OF POSSIBLE ACTION TO ADOPT RESOLUTION NUMBER 13 20 23.
AND IT WOULD BE A RESOLUTION OF CITY COUNCIL.
CITY CLUE TEXAS RATIFYING THE CITY'S PROJECT APPLICATION UNDER THE G L O H G A C HAZARDOUS MITIGATION METHOD OF DISTRIBUTION.
WHEREAS IN RESOLUTION NUMBER 62 DASH 2022, THE CITY DID PREVIOUSLY APPROVE TASK ORDER NUMBER THREE UNDER THE MSA WITH CR C S R S TO DEVELOP AN APPLICATION FOR FUNDING UNDER THE TEXAS, TEXAS GLO AND HOUSTON GALVESTON AREA COUNCILS H G A C METHOD OF DISTRIBUTION FOR RESIDUAL HURRICANE MEDICATION HAZARD MITIGATION, HURRICANE HARVEY RELIEF FUNDING M I T M O D.
AND WHEREAS THAT AGREED M I T M O D INCLUDES 1.2 MILLION ALLOCATION FOR THE CITY OF KLUTE AND WHEREAS THE CITY WHEREAS D HAS PREVIOUSLY, UH, PRESUMED, WHEREAS WE HAD PREVIOUSLY, YES, SIR, AGREED TO ACCEPT THOSE FUNDS FOR THE HAZARD MITIGATION PROJECTS.
WHEREAS THE GL O ACCEPTED AND APPROVED AN EXTENSION OF THE APPLICATION DEADLINE DUE FOR FEBRUARY THE NINTH, 2023 TO ALLOW FOR MORE PUBLIC COMMENT FROM CITIZENS CLU.
WHEREAS THE CITY IS DESIRES OF ENSURING THAT ALL PARTIES KNOW THAT THE APPLICATION WAS APPROVED IN BOTH RESOLUTIONS.
AND THIS DOCUMENT NOW THEREFORE BE RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLTE, TEXAS, THAT THE CITY OF INCLUDES APPLICATION FOR FUNDING UNDER THE G L O H G A C METHOD OF DISTRIBUTION FOR HAZMAT FOR HAZARDOUS MITIGATION.
M MIT M O D WAS DULY APPROVED UNDER RESOLUTION NUMBER 62 DASH 2022 AND IS HEREBY RATIFIED AGAIN RED PATH AND ADOPTED THIS NIGHT, DAY OF FEBRUARY, 2023.
AND IT WOULD BE SIGNED BY MYSELF FROM THIS TESTED BY ROSE APPOINTMENT CITY CLERK.
I THINK WE'RE ON UN UH, THANK YOU
SO THIS IS THE, UH, CS R S WAS VERY CONCERNED BECAUSE LAST TIME IN OUR LAST HAZMAT APPLICATION, THEY WANTED IT RATIFIED AFTER WE HAD ALREADY DONE A RESOLUTION.
SO TO PUT A TOP HAT WITH THE BELT SUSPENDERS AND TIE THAT WE'VE ALREADY PLACED ON THIS APPLICATION, THEY HAVE ASKED FOR THIS RESOLUTION.
SO WILL, IT SAYS A MOTIONS MAKING A MOTION TO APPROVE RESOLUTION 13 20 23.
IT IS SECONDED BY COUNCIL MCS.
AND THE WAY, IF I'M READING IT CORRECTLY, IS BASICALLY HOUSEKEEPING.
JUST SAYING THAT, HEY, THAT'S WHAT WE WANTED TO DO.
THE APPLICATION HAS BEEN SUBMITTED.
THIS IS LIKE THE THIRD TIME IT'S BEEN ON HERE, RIGHT? YEAH.
[00:35:03]
ANY FURTHER COMMENTS OR QUESTIONS? I'LL ENTERTAIN A VOTE.UNANIMOUS THE RESOLUTION PASSES THIRD TIMES THE CHAR, HOPEFULLY.
NEXT ITEM WOULD BE CONSIDERATION OF POSSIBLE ACTION TO ADOPT ORDINANCE NUMBER 2023 DASH OH THREE.
IT'D BE AN ORDINANCE OF THE CITY OF CLETE, TEXAS AMENDING SECTIONS 1 0 2 DASH ONE ONE IMPROVEMENTS REQUIRING CROSS ACCESS AND SHARED ACCESS FOR THE MULTIFAMILY, NON-RESIDENTIAL AND MIXED USE DEVELOPMENTS IN THE CITY AND PREVENTING THE CONSTRUCTION OR PLACEMENT OF ANY BARRIER OR ANY ALTERATION TO PREVENT CROSS ACCESS AND SHARED ACCESS BETWEEN DEVELOPMENTS.
I'M GONNA TURN THIS OVER TO MR. SNAPS AND THE LEGAL DEPARTMENT.
ACTUALLY, I WAS GONNA PUT MY BANJO DOWN FOR A SECOND ON THE, MR. DUNCAN, TAKE THIS ONE.
SO THE CITY OF CLOUD HAS, UH, BEEN FORTUNATE THAT WE CONTINUE TO, UM, UH, GROW AND SEE NEW DEVELOPMENT COMING TO OUR CITY.
UH, BUT YOU KNOW, WITH THAT GROWTH THEN WE ALSO RUN INTO, I GUESS YOU WOULD SAY BURDENS OR PROBLEMS THAT OCCUR.
UH, THIS, THIS ORDINANCE IS SIMILAR TO WHAT'S CONTAINED IN A LOT OF, UM, UH, OTHER LARGER CITIES.
UM, AND THE IDEA IS THAT, UM, WHENEVER YOU HAVE DEVELOPMENTS THAT ARE, UH, BEING CONSTRUCTED NEXT TO EACH OTHER, CONTIGUOUSLY, UM, THEN YOU RUN INTO PROBLEMS THAT, AND OTHER CONCERNS WITH REGARD TO MOVING BETWEEN THOSE SHOPPING CENTERS OR DEVELOPMENT AND THE TRAFFIC THAT WOULD BE GENERATED.
AND SOMETIMES YOU MIGHT HAVE A SITUATION WHERE LI UH, TRAFFIC CONTROL SIGNAL MAY OR MAY NOT BE POSSIBLE.
SO THEN YOU HAVE A LOT OF LEFT HAND TURNS, PEOPLE TRYING TO GET INTO, UH, THE, THE, THE DEVELOPMENT AND, UH, WHICH CAUSES TRAFFIC CONGESTION AND, AND MORE LIKELIHOOD OF, OF ACCIDENTS AND SO FORTH.
AND SO WHAT THIS IS, IS THAT, UH, YOU SEE A LOT OF PLACES WHERE THE ADJOINING DEVELOPMENTS WILL HAVE CROSS ACCESS, WHERE YOU CAN DRIVE THROUGH THE PARKING LOT FROM ONE TO GET TO THE OTHER.
UM, AND SO THAT'S WHAT THIS ORDINANCE THEN DOES IS, IS IT CREATES AN ORDINANCE REQUIRING THAT, UH, BETWEEN SUCH DEVELOPMENTS.
AND THIS WOULD BE FOR, UM, UM, MULTI-FAMILY, UH, NON-RESIDENTIAL AND MIXED USE DEVELOPMENTS.
AND, UM, SO ANY OF THE NEW DEVELOPMENTS THAT COME IN, UH, WOULD REQUIRE TO, UH, GRANT CROSS ACCESS, UH, WITH THEIR NEIGHBOR.
UM, FURTHER IF FOR THOSE SITUATIONS, AND WE DO HAVE SEVERAL PLACES HERE IN TOWN WHERE THERE'S BEEN, THERE IS OR HAS BEEN EXISTING CROSS ACCESS.
UM, AND, UH, WE HAVE SOME OCCASION WHERE, UH, SURPRISINGLY ONE PROPERTY OWNER THEN ERECTA BARRIER, WHAT USED TO BE CROSS ACCESS AND NOW IT'S JUST PREVENTED, RIGHT? AND SO THIS ORDINANCE WOULD ALSO PREVENT THAT FROM HAPPENING AND THEY'D SAY, OKAY, IF Y'ALL ALREADY HAVE ADJOINING, UH, DRIVABLE SURFACE THAT CROSSES FROM ONE SIDE TO ONE PARCEL TO THE OTHER, UH, YOU CAN'T THEN GO IN AND PUT UP SOME BARRIER OR, OR DIG UP THE CONCRETE AND PREVENT THAT FROM CONTINUING.
RIGHT? SO, UH, HOPEFULLY THIS WOULD, YOU KNOW, I THINK THIS IN ADDITION TO, UM, HELPING WITH TRAFFIC CONCERNS AND PEOPLE GOING FROM PLACE TO PLACE, I THINK IT ALSO CREATES SOME, UH, AND I THINK NEIGHBORING DEVELOPERS CAN BE SOMETIMES COMPETITIVE OR WHATEVER, BUT MY GENERAL VIEW IN THE, IN THE BIG PICTURE IS IT ACTUALLY PROMOTES ECONOMIC DEVELOPMENT RATHER THAN COMPETITION.
RIGHT? AND PEOPLE SAY, HEY, I DON'T WANT THAT COMPETITION NEXT DOOR.
ACTUALLY, IF YOU HAVE A BIGGER DEVELOPED AREA WITH MORE SHOPS THAT ARE EASILY ACCESSED BY THE CONSUMERS, THEN I THINK YOU GET MORE CONSUMPTION, RIGHT? SO, UM, I THINK IT'S IN THE BEST INTEREST OF THE, OF THE CITY, NUMBER ONE FOR, YOU KNOW, LIKE I SAID, TRAFFIC AND SAFETY AND THOSE TYPE OF THINGS.
AND I THINK IT'S ALSO IN THE INTEREST OF THE CITY, UH, FOR FURTHER ECONOMIC DEVELOPMENT.
AND SO, UM, THIS IS A, UM, MODELED AFTER UNIFORM, UH, UNIFORM, UH, SUBDIVISION CODE DEVELOPMENT, UH, THAT, THAT, UH, WE USED IN, IN AND MADE, MADE A FEW CHANGES TO IT TO FIT OUR SITUATION.
UM, BUT UH, BASED ON THE, BASED ON UH, THE INTEREST OF, UH, FUTURE DEVELOPMENT AND WHAT WE HAVE COMING HOPEFULLY MUCH MORE IN THE CITY OF CLO, UH, WE'D RECOMMEND THAT THE, UH, COUNCIL APPROVE THIS ORDINANCE THAN IT IS LEGAL.
I WOULDN'T WRITE IT IF IT WASN'T LEGAL
BUT, UH, CHRIS, I TRUST YOUR JUDGMENT.
I'M SURE THAT ALL OF THIS IS CORRECT AND, AND FIT TO A CITY OF CLTE STANDARDS.
I HAVE A QUESTION ON THE MULTI-FAMILY.
IS THAT LIKE AN APARTMENT COMPLEX? THAT'S CORRECT.
SO IF A NEW, JUST FROM MY UNDERSTANDING,
[00:40:01]
SO IF A NEW APARTMENT COMPLEX IS BUILT, ARE THEY GONNA BE REQUIRED TO HAVE A CROSSOVER TO ANOTHER APARTMENT COMPLEX WHERE YOU LITERALLY HAVE TWO APARTMENT COMPLEXES THAT ARE OWNED BY DIFFERENT PEOPLE THAT THEY'LL BE REQUIRED TO HAVE A CROSS ACCESS OR NO? YES.THEY WOULD RE IF A YEAH, A NEW APARTMENT CAME IN, THEY WOULD BE REQUIRED TO, UH, HAVE A CROSS ACCESS BETWEEN THE, THE PARKING LOT DRIVABLE AREA.
NOT INSIDE THE APARTMENT COMPLEX.
CAUSE WHAT I'M SAYING IS LIKE YOU COULD, YOU GOT TWO, TWO APARTMENT COMPLEX, THE TWO OWNERS, AND THERE'S GONNA BE SOME KIND OF WAY FOR THE RESIDENTS OF EACH APARTMENT COMPLEX TO JUST GO BACK AND FORTH, RIGHT? YOU CAN STILL SEPARATE THE, THE BUILDINGS AND THE DEVELOPMENT ITSELF.
BUT IF YOU'VE GOT A STREET LIKE YOU TURN IN OFF THE STREET AND THERE'S TWO PARKING LOTS, PUBLIC PARKING LOTS, NOT RESIDENTIAL PARKING LOTS FOR THE DEVELOPMENT, THEY HAVE TO SHARE, THEY HAVE TO BE ABLE TO CROSS OVER.
SO PARKING LOTS, I GUESS THAT WOULD BE OUTSIDE THE APARTMENT GATE, CORRECT? OR CORRECT.
I THINK MR. PIERCE HAD, AND THAT ALSO WOULD HELP OUR EMERGENCY RESPONSE TEAMS AS WELL.
I DIDN'T EVEN THINK ABOUT THAT.
THERE'S SOMETHING WITH THE WORD.
I'M SORRY, I'M HAVING TROUBLE SINKING IN MULTI-FAMILY AND, AND IS NOT RESIDENT.
NO, MULTI-FAMILY IS RESIDENTIAL.
THE CATEGORIES ARE MULTI-FAMILY AND NON-RESIDENTIAL AND MIXED USE.
MIXED USE IS, WELL I THINK THAT'S, WE HAVE RESIDENTIAL AND COMMERCIAL MIXED TOGETHER, BUT MS I THINK MR. CHRIS'S QUESTION IS AROUND MULTI-FAMILY HOUSING.
SO IN OUR ORDINANCES THAT THAT IS DEFINED AS FOUR OR MORE UNITS, FOUR MORE LIVING UNITS ASSOCIATED UNDER A SINGLE ROOF.
SO IF YOU THINK APARTMENT COMPLEXES, ANYTHING LIKE THAT, I GUESS I'M JUST SUBDIVISION CONSCIOUS IS WHAT I'M TRYING TO GET.
SO THAT'S SAYS, SO A SUBDIVISION WOULD BE A SINGLE FAMILY HOUSING DEVELOPMENT? YEAH.
ALSO WOULD, COULD INCLUDE DUPLEXES, TOWN HOMES OR QUADPLEXES.
ANYTHING ABOVE THAT WOULD BE MULTI-FAMILY UNDER OUR DEFINITIONS.
SO YOU'RE SAYING IF YOU PUT IN A NEW ONE, THEN YOU MUST ATTACH TO YOUR EXISTING IF THERE, CORRECT.
AND AND IF YOU ALREADY HAVE IT AND THEY CAN'T GO IN AND BLOCK IT AND BLOCK IT.
BECAUSE I THINK THEY, THEY, DOWN HERE AT THE OLD SAFEWAY, I THINK THEY TRIED TO KEEP PEOPLE FROM USING THEIR PARKING LOT DOWN THERE AT ONE TIME.
WELL, THEY'VE GOT A, UH, SPEED BUMP THAT IS ACTUALLY AN HVAC CURB.
UM, AND IF YOU FOUND IT IN A SMALL CAR, UH, YOU KNOW IT, SO, AND THEN WE'VE GOT ANOTHER SITUATION JUST UP THE CORNER WHERE WE HAVE A BUSINESS THAT IS DECIDED TO SECTION OFF PART OF THE PART SHARED PARKING LOT.
UNFORTUNATELY, WE CAN'T GO BACK AND UNDO THOSE ARRANGEMENTS, BUT WE WILL BE ABLE TO PREVENT THOSE IN THE FUTURE.
YEAH, I THINK THAT WE HAD ONE, UH, I THINK WE HAD ONE DOWN BY BURGER KING, TACO BELL, BURGER KING, AND, UH, POPEYE'S.
UH, WHERE DO YOU USE OF CROSSOVER? THAT HAS NOTHING TO DO WITH THE MEDIUM CUTTING UP ACROSS THERE.
THIS IS ABOUT PRIVATE PROPERTY ACCESS THROUGH ANOTHER PROPERTY.
THAT'S NOTHING TO DO FROM PUBLIC ACCESS ROADS.
THIS IS ALL, THIS IS ALL INTERNAL PARKING LOTS.
SO WHEN THE, WE WILL JUST SAY COMMERCIAL.
SO WHEN IT IS BUILT, THEY'RE REQUIRED TO LEAVE A PIECE OF PAVEMENT TO THE NEXT ADJOINING IF THEY'RE IS BUILT THERE, YEAH, THEY'RE, THEY'RE, THEY'RE NOT REQUIRED TO LEAVE A PIECE OF PAVEMENT THERE.
BUT IF THEY MATCH THEIR SUB, IF THEY MATCH THEIR PAVING PROFILES TOGETHER, ONE CAN IMPEDE THE OTHER ONE BY PUTTING UP BALLARDS OR FENCING OR A GATE OR A CURB OR A DITCH OR ANYTHING ELSE.
YOU CAN'T JUST SAY, THIS IS MY PARKING LOT AND I'M PUTTING UP A FENCE HERE.
EVEN THOUGH THERE'S GONNA BE AN ADJOINING PARKING LOT AND THERE'S ALWAYS BEEN A PLAN TO PUT AN ADJOINING PARKING LOT THERE.
THEY DON'T HAVE TO, THEY DON'T HAVE TO PUT A STUB OUT, BUT THEY, LIKE I SAID, THEY CAN'T BLOCK THAT SECTION FOR A STUB OUT.
YEAH, WE, WE, WE TYPICALLY REFER TO 'EM AS A HATE STRIP.
YOU'RE NOT ALLOWED TO PUT A HATE STRIP ANYMORE.
ANYONE CARE TO MAKE A MOTION TO APPROVE RESOLUTION NUMBER 2022.
I'LL MAKE, AND I'LL SECOND MADE BY COUNCIL PERSON VAUGHN AND SECONDED BY COUNCIL PERSON.
HEARING NONE, I'LL ENTERTAIN A VOTE.
[V. NOTICE/ ANNOUNCEMENT OF UPCOMING EVENTS AND MEETINGS]
ITEM WILL BE NOTICED IN ANNOUNCEMENTS OF UPCOMING EVENTS AND MEETINGS.UH, WE WILL HAVE A REGULAR COUNCIL MEETING THURSDAY, FEBRUARY THE 23RD, 2023 AT 7:00 PM
[00:45:01]
WE WILL ALSO HAVE A REGULAR COUNCIL MEETING THURSDAY, MARCH THE NINTH, 2023 AT 7:00 PM AND WE WILL HAVE ANOTHER COUNCIL MEETING MARCH 23RD, 2023 AT 7:00 PM AND IN BETWEEN FEBRUARY THE 23RD AND MARCH THE NINTH FROM THE 28TH THROUGH THE FIRST WILL BE BRAZORIA COUNTY DAY AND AUSTIN, UH, THE CITY HAS RESERVED SOME ROOM.IF ANYONE IS INTERESTED IN GOING, PLEASE MAKE SURE THAT YOU GET WITH MR. SNIPES AND CONFIRM A ROOM, CORRECT
IT'D BE WEDNESDAY, RIGHT? AND THEN THE NEXT AD WOULD BE ADJOURN.
COUNCIL MCQUINN SECONDED BY COUNCIL.