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[I. COMMENCEMENT ]
THOSE ARE HEREBY GIVEN OF A JOINT PUBLIC HEARING BETWEEN CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF KLUTE, TEXAS TO BE HELD ON THURSDAY, JANUARY THE 11TH, 2024 AT 7:00 PM FROM THE COUNCIL CHAMBERS OF KLUT CITY HALL, LOCATED AT 1 0 8 MAIN STREET, KLU, TEXAS 7 7 5 3 1.FOR THE BELOW LISTED ITEMS, COUNSEL RESERVES THE RIGHT TO ADJOURN TO 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 5 1 0.071.
CONSULTATION WITH AN ATTORNEY, 5 5 1 0 7 2 DELIBERATION ABOUT REAL PROPERTY 5 5 1 0 7 3 DELIBERATION ABOUT GIFTS AND DONATIONS 5 5 1 0 7 4 PERSONNEL MATTERS.
5 5 1 0 7 6 DELIBERATION ABOUT SECURITY DEVICES 5 5 1 0 8 7.
ECONOMIC DEVELOPMENT 4 8 7 5 8 3 DELIBERATIONS ABOUT HOMELAND SECURITY ISSUES AND IS AUTHORIZED BY THE TEXAS TAX CODE, INCLUDING NOT LIMITED SECTIONS 3 2 1 0.3022 SALES TAX INFORMATION.
THE AGENDA, AGENDA PACKET I MEETING, LINK INFORMATION OR POSTED ON THE CITY'S WEBSITE@WWW.KLUTEXAS.GOV.
PUBLIC COMMENTS WILL BE ALLOWED IN PERSON WILL OCCUR AT BEGINNING OF THE MEETING OF THE PUBLIC COMMENTS ITEM TO REGISTERED SPEAKER.
SUBMIT WRITTEN COMMENTS, PLEASE EMAIL CITY CLERK ROSIE, PORT OF IT@ROSIEKLUTEXAS.GOV.
AT LEAST TWO HOURS IN ADVANCE OF THE MEETING.
NO REGISTRATION REQUIRED FOR PUBLIC COMMENTS DURING THE PUBLIC HEARING PORTION OF THE MEETING.
THE RECORDING OF THE MEETING VIDEO WILL BE MADE AVAILABLE UPON WRITTEN REQUEST IN ACCORDANCE WITH THE OPEN MEETINGS ACT.
MEETING HAS NOW BEEN CALLED TO ORDER.
UH, MR. KENNY, WOULD YOU CARE TO GIVE US AN INDICATION? LET MR. BOND REST TONIGHT.
GOD, WE JUST THANK YOU FOR THIS PRIVILEGE OF PRAYER, LORD.
AND WE JUST THANK PRIVILEGE FOR BEING ABLE TO COME HERE TONIGHT, LORD, TO DO THIS CITY'S BUSINESS.
LORD, WE JUST ASK FOR YOUR GUIDANCE.
LORD, IF WE MAKE DECISIONS HERE TONIGHT, LORD, AND UH, WE ASK THAT YOU'LL WITH US AS WE THAT LORD PROTECT.
PLEDGE OF P TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH HE STANDS FOR ONE NATION UNDER GOD, INDIVISIBLE, LIVING, LIBERTY, JUSTICE FOR ALL.
NEXT ITEM WILL BE ROLL CALL OF CITY COUNCIL CALVIN SHIPPLE.
NICOLE MADDOX PRESENT FRANCIS VAUGHN PRESENT, EXCUSE ME.
PLANNING ZONING, COMMISSION CARE.
CALL LEFT TO ORDER AND UH, HAVE ROLL CALL, UH, CALL PLANNING ZONING INTO ORDER.
ARNOLD BOND PRESENT ADRIAN ARISMENDY PRESENT.
MICHAEL DAFF PRESENT, UH, DAVID CO MEMBER PRESENT RONNIE TWEEDLE.
[II. 1st - JOINT PUBLIC HEARING-SUP-CHURCH 119 BRAZOSPORT BLVD. ]
THERE ARE TWO PUBLIC HEARINGS TONIGHT.THE FIRST ONE WILL BE A JOINT PUBLIC HEARING, SPECIAL USE PERMIT FOR A CHURCH AT ONE 19 BRA FOR BOULEVARD.
UH, FIRST ITEM IS TO LEAD TO READ THE LEGAL REQUIREMENTS AND NOTICE OF PUBLIC HEARING, A JOINT PUBLIC HEARING OF THE CITY, KLU CITY COUNCIL.
AND THE PLANNING ZONING COMMISSION WILL BE HELD ON THURSDAY, THE 11TH DAY OF JANUARY, 2024 AT 7:00 PM FROM THE CITY HALL OF CITY OF KLUTE, BRAZO COUNTY, TEXAS, LOCATED AT 1 0 8 EAST MAIN STREET.
THIS JOINT PUBLIC HEARING HEARING WILL ALSO BE AVAILABLE FOR YOU ON THE CITY'S WEBSITE@WWW.KLUTEXAS.GOV.
AT WHICH TIME AND PLACE THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION, THE SAID CITY WILL CONSIDER THE QUESTION OF GRANTING A SPECIFIC KEY FOR USE PERMIT FOR THE FOLLOWING, REAL PROPERTY LYING IN, SITUATED WITHIN THE CORPORATE LIMITS OF THE CITY.
LEGAL DESCRIPTION, OAK PARK PLAZA, A 0 0 6 6 J GROSS KLUTE BLOCK FIVE LOT FOUR E THROUGH FOUR F AND BLOCK FIVE LOT FIVE E ACRES.
ADDRESS LOCATION IS ONE 19 BRAD PORT BOULEVARD, CL TEXAS 7 7 5 3 1.
PROPOSED USE AS A CHURCH, ALL INTERESTED PERSON WILL
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BE GIVEN AN OPPORTUNITY TO PRESENT EVIDENCE CONCERNING THE ABOVE, QUESTIONED IN FAVOR OR AGAINST THE SAME WRITTEN COMMENTS WILL BE ACCEPTED AT THE CITY MANAGER'S OFFICE UNTIL 5:00 PM ON THE DAY OF THE PUBLIC HEARING.ALL MAILS SHOULD BE ADDRESSED TO THE CITY MANAGER, 1 0 8 EAST MAIN STREET, KLUT, TEXAS 7 7 5 3 1.
IF WRITTEN, PROTEST IS FILED AGAINST ANY CHANGE SIGNED BY THE OWNERS OF 20% OR MORE OF EITHER THE AREA OF LOTS OF LAND OR LAND INCLUDED IN SUCH.
PROS CHANGE ARE THE LOTS OF LAND IMMEDIATELY ADJOINING THE SAME AND EXTENDING 200 FEET THERE.
FROMM, NO AMENDMENT SHALL BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF THREE-FOURTHS OF ALL THE MEMBERS OF CITY COUNCIL, WHICH SIGNED BY ROSIE PO.
NEXT ITEM WOULD BE THE PUBLISHER'S AFFIDAVIT.
IT WAS PUBLISHED IN THE BRADFORD FACTS ON THE 27TH DAY OF DECEMBER, 2023.
UH, THE MEDDLING LIFT, UH, HERE HE'S LAB FACE,
THERE WERE 10, 10 NOTICES, UH, SENT OUT.
NONE WERE RETURNED SO WE'RE PRESUMING THEY WERE ALL DELIVERED.
FIRST ITEM WOULD BE TO OPEN THE FLOOR FOR DISCUSSION.
AND FIRST ITEM, THOSE IN FAVOR OF THE SPECIFIC USE PERMITS.
FIRST ITEM IS TO READ LETTERS.
MR. REQUEST, THE NEXT ITEM WOULD BE TO HEAR FROM THOSE PRESENT.
THEY'RE IN FAVOR OF THE SPECIFIC USE PROGRAM.
WOULD Y'ALL LIKE TO SPEAK? YES.
IF YOU WANT TO KIND OF LET COUNSEL KNOW WHAT YOUR PLAN IS FOR THE FACILITY AND KIND OF HOW YOU'RE GONNA OPERATE THE CHURCH, WHAT HOURS, WHAT DAYS, THE SERVICES, ET CETERA.
MONDAY, WEDNESDAY, AND FRIDAY.
IT'S, UH, WEDNESDAY, MONDAY, WEDNESDAY AND FRIDAY.
7:00 PM AND THEN SUNDAY NIGHT, 38.
AND, UH, IS THERE ANY QUESTIONS? YEAH, UM, UM, I WAS GONNA SAY, THEY PASSED ALL THEIR FIRE INSPECTIONS.
IT'S OCCUPYING OUR CURRENTLY AN OCCUPIED SPACE.
UH, AND I KIND OF THINK MAYBE A CHURCH IN THAT AREA MIGHT DO SOME GOOD.
IT COULDN'T HURT IN THAT AREA.
IT COULD NOT HURT IN THAT AREA.
NEXT ITEM WOULD BE THOSE OPPOSED TO THE SPECIFIC USE PERMIT.
AND THE FIRST ITEM IS TO READ LETTERS.
NEXT ITEM WOULD BE TO HEAR FROM ANYONE PRESENT.
THAT IS AGAINST THE, UH, THERE'S A OPPOSITION TO THE SPECIFIC USE PERMIT.
I'LL ASK FOR PLAN, COMMENT FROM PLANNING AND ZONING.
UH, THE ONLY COMMENT I'M GONNA MAKE, AND WE DISCUSSED THIS IN MEETING, IS YOU'LL SEE THREE DIFFERENT ADDRESSES.
I THINK WE'VE COME TO THE CONCLUSION.
IS IT CORRECT? THAT'S BECAUSE OF DIFFERENT, DIFFERENT SOMEBODY ELSE PERFORMANCE.
COMMENTS FROM BARON CITY COUNCIL? I ONLY HAVE ONE.
I JUST NOTICED IT SAYS THERE'S 50 PARKING SPACES.
AND THOSE ARE SHARED SPACES, I PRESUME.
SO SUNDAY, I'M ASSUMING THEY'RE CLOSED, BUT MONDAY AND WEDNESDAY, I GUESS Y'ALL WORK THAT OUT OR, YES, SIR.
ANY OTHER COMMENTS FROM COUNCIL? WE WILL CLOSE DISCUSSION AND HEAR A RECOMMENDATION FOR THE PLANNING AND HIS ZONING COMMISSION MOTION.
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MAKE A MOTION.WE, UH, RECOMMEND THAT COUNCIL PASS THIS, UH, SUP.
UH, NEXT ITEM WOULD BE CONSIDERATION OF POSSIBLE ACTIONS.
THE CITY COUNCIL TO ACCEPT THE RECOMMENDATION OF THE PLANNING ZONING COMMISSION OR DENY THE RECOMMENDATION OF THE PLANNING'S ZONING COMMISSION THAT THE SPECIFIC USE PERMIT FOR THE PROPERTY AT, UH, ONE 19 BRADFORD BOULEVARD BE GRANTED.
I'LL MAKE A MOTION TO, TO ACCEPT OR APPROVE.
WE HAVE A MOTION FROM COUNCILPERSON MADDOX AND A SECOND FROM COUNCILMAN AGUILAR THAT THE SPECIFIC U USE PERMIT BE APPROVED AS RECOMMENDED BY THE PLANNING ZONING COMMISSION WITH ALL THE REGULAR STIPULATIONS.
ANY DISCUSSIONS? HEARING NONE, I'LL ENTERTAIN A VOTE.
[2nd JOINT PUBLIC HEARING - SUP - GROUND RESIDENCE AT STORAGE FACILITY 921S. SHANKS ST. ]
AND THE SECOND PUBLIC HEARING WILL BE FOR A GROUND RESIDENCE AT A STORAGE FACILITY AT 9 21 SOUTH SHAKE STREET.FIRST ITEM IS TO LEAD, READ THE LEGAL REQUIREMENTS JOINT PUBLIC HEARING OF THE CITY COUNCIL.
INCLUDE CITY COUNCIL AND PLAN IS ZONING COMMISSION WILL BE HELD ON THURSDAY, THE 11TH DAY OF JANUARY, 2024 AT 7:00 PM THE CITY HALL OF THE CITY OF KLUTE, BRAZO COUNTY, TEXAS, LOCATED AT 1 0 8 EAST MAIN STREET, KLU, TEXAS.
THIS JOINT PUBLIC HEARING WILL ALSO BE AVAILABLE FROM YOU ON THE CITY'S WEBSITE@WWW.FLUTETEXAS.GOV.
AT WHICH TIME IN PLACE THE CITY COUNCIL, THE COMPLAIN IS OWN.
THE COMMISSION OF THE CITY WILL CONSIDER THE QUESTION OF GRANTING A SPECIFIC USE PERMIT FOR THE FOLLOWING.
REAL PROPERTY LINE IS SITUATED WITHIN THE CORPORATE LIMITS OF THE CITY.
LEGAL DESCRIPTION, BCIC DIVISION 14 LOT 5 66 BA 0 0 4 9 A CALT KLU ACRES 2.078.
ADDRESS LOCATION 9 21 SOUTH SHANK STREET, KLUT, TEXAS 7 7 5 3 1.
PROPOSED USE IS A SELF STORAGE FACILITY WITH THE GROUND RESIDENCE.
ALL INTERESTED PERSON WILL BE GIVEN AN OPPORTUNITY TO PRESENT EVIDENCE CONCERNING THE ABOVE.
QUESTIONED IN FAVOR AGAINST THE SAME WRITTEN COMMENT WILL BE ACCEPTED AT CITY MANAGER'S OFFICE UNTIL 5:00 PM ON THE DAY OF THE PUBLIC HEARING.
ALL MAILS SHOULD BE ADDRESSED TO THE CITY MANAGER.
1 0 8 EAST MAIN STREET, KLUTE, TEXAS 7 7 5 3 1.
WRITTEN PROTEST IS FILED AGAINST ANY CHANGE SIGNED BY THE OWNERS OF 20% OR MORE OF EITHER THE AREA OF LOTS OR LAND INCLUDED IN PROPOSED CHANGE OR THE LOTS OR LAND IMMEDIATELY ADJOINING THE SAME AND EXTENDING 200 FEET THERE.
FROMM, NO AMENDMENT SHALL BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF THREE-FOURTHS OF ALL THE MEMBERS OF THE CITY COUNCIL.
I, ROSIE POINT, CITY CLERK, CITY FLUTE, TEXAS.
NEXT ITEM IS THE PUBLISHER'S PUBLISHER'S AFFIDAVIT.
AND IT WAS PUBLISHED ON THE 27TH DAY OF DECEMBER, 2023.
UH, THE NEXT ITEM IS NOT THE LIST OF PROPERTIES, NOT PROPERTY OWNERS NOTIFIED BY MAIL AND THERE WERE 10 SENT OUT AND NONE RETURNS.
SO WE PRESUME ALL 10 WERE DELIVERED.
NEXT ITEM WILL BE OPEN THE FLOOR FOR DISCUSSION.
FIRST ITEM IS THOSE IN FAVOR OF SPECIFIC, SPECIFIC USE PERMIT.
FIRST ITEM IS TO READ LETTERS.
I DIDN'T SEE ANY IN THE PACKAGE.
AND THEN THE NEXT ITEM WOULD BE TO HEAR FROM ANYONE PRESENT IN FAVOR OF SPECIFIC USE PERMIT.
HELLO, BEN GOLDEN, DUSTIN, TEXAS SELF STORAGE.
UH, IS THIS FOR SOMEONE FOR GONNA BE LIKE A MANAGER QUARTERS OR IS THAT WHAT THE GOAL IS? YEAH, I'M SAY MANAGER MAINTENANCE.
UM, I'M ASSUMING THAT WE'VE LOOKED AT EVERYTHING.
I WENT OVER AND LOOKED AT THE PROPERTY.
DO Y'ALL HAVE SOMETHING THAT SEPARATES THE ROOF OF THE, WHAT WILL BE THE RESIDENCE VERSUS THE STORAGE FACILITY? BECAUSE I NOTICED IT LOOKS LIKE IT'S ALL A COMMON ROOF AREA.
YEAH, IT'S, SO, IT'S, SO THERE'S A WALL BETWEEN THE STORAGE FACILITY AS WELL AS THE RESIDENCE OFFICE AND, AND THE, TO THE, TO THE ROOF AS
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WELL? OR DID IT JUST GO TO THE CEILING? UH, IT JUST THE ROOF.THERE HAS TO BE A FIREWALL, RIGHT? RIGHT.
WE, WE DID A CO AND INSPECTED ON IT WHEN THE FACILITY WAS INITIALLY OPEN THREE YEARS AGO, THREE OR FOUR YEARS AGO.
AND THAT AT THE TIME THERE WAS A FIRE THREE HOUR PARADE FIREWALL THERE.
SO IS THIS THE ONE THAT'S BEHIND? UH, IT'S THERE BEFORE YOU GET TO COMMERCE, KIND OF THAT CUT THROUGH THAT LOT THAT RUNS LATERALLY.
ACROSS THE STREET FROM FIRE STATION? YES SIR.
ACROSS THE STREET WAS THE FIRE STATION? YEAH.
AND THE REASON WE'RE ASKING FOR AN SUP IS 'CAUSE IT'S CHANGED OWNERSHIP FROM ONE GROUP TO ANOTHER.
SO, AND THEY HAD ONE, BUT PREVIOUSLY YES, SIR.
YEAH, THEY HAD ONE PREVIOUSLY.
NEW OWNER, LLOYDS OF THE OLD, OLD PERMIT.
NEXT ITEM WOULD BE, THANK YOU SIR.
THANK NEXT ITEM WOULD BE THOSE OPPOSED TO THE SPECIFIC USE PERMIT.
AND THE FIRST ITEM IS TO READ LETTERS.
THE SECOND ITEM WOULD BE HERE FOR TO HEAR FROM ANYONE PRESENT? THAT'S OPPOSED.
WE WILL HEAR COMMENTS FROM PLANNING ZONING.
COMMENTS? COMMENTS FROM MAYOR? COMMENTS FROM MAYOR CITY COUNCIL? MY QUESTION.
CLOSE THE DISCUSSION AND HEAR RECOMMENDATION FROM PLANNING AND ZONING COMMISSION.
THE P IS ON RECOMMENDS THAT THE SUP BE GRANTED FOR THE STORAGE FACILITY.
NEXT ITEM WOULD BE CONSIDERATION OF POSSIBLE ACTION FROM THE CITY COUNCIL TO APPROVE OR DENY THE RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION THAT THE SPECIFIC USE PERMIT BE GRANTED FOR THE GROUND RESIDENCE AT THE STORAGE FACILITY AT 9 21 SOUTH SHANK STREET WITH TYPICAL STIPULATIONS.
MAYOR, I MOVE THAT WE APPROVE THAT.
COUNCIL PERSON, HONOR SECOND BY MOTION.
COUNCIL AGUILAR FURTHER DISCUSSION.
HEARING NONE, I'LL ENTERTAIN A VOTE.
TOLU PLAINTIFF AND ZONING COMMISSION
[III. ADJOURN JOINT PUBLIC HEARINGS]
CARRIED TO ADJOURN.CITY COUNCIL WILL NOW ADJOURN THE, UH, PUBLIC HEARINGS AND MOVE INTO OUR REGULAR, UH, MEETING.
UH, FIRST ITEM IS CITIZEN OF BUSINESS COMMENTS.
[V. CONSENT AGENDA ]
FOR FOREGO READING THAT AND MOVE TO THE NEXT ITEM WILL BE THE CONSENT AGENDA.ITEMS LISTED ON THE CONSENT AGENDA ARE CONSIDERED ROUTINE AND GENERALLY ENACTED IN ONE MOTION.
THE EXCEPTION OF THIS RULE IS THAT COUNCIL MEMBERS MAY REQUEST ONE MORE ITEM TO BE REMOVED FROM CONSENT AGENDA FOR SEPARATE ACTION.
TONIGHT'S AGENDA CONSISTS OF MINUTES, REGULAR COUNCIL MEETING DECEMBER THE 14TH, 2023 AT 7:00 PM HAVE A MOTION TO APPROVE THE CONSENT AGENDA.
ANY ITEMS NEED TO BE REMOVED? ANY DISCUSSION? HEARING NONE.
[VI. BUSINESS ITEMS ]
NEXT ITEM WOULD BE A PROCLAMATION OF THE CITY OF CLU AND IT WOULD BE CITY OF CL PROCLAMATION.WHEREAS ALL CHILDREN INCLUDE SHOULD HAVE ACCESS TO THE HIGHEST QUALITY EDUCATION POSSIBLE.
AND WHEREAS CLU RECOGNIZES THE IMPORTANT ROLE THAT AN EFFECTIVE EDUCATION PLAYS IN PREPARING ALL STUDENTS IN CL TO BE SUCCESSFUL ADULTS.
AND WHEREAS QUALITY EDUCATION IS CRITICALLY IMPORTANT TO THE ECONOMIC VITALITY OF THE CITY OF CL, WHEREAS CLUE IS HOME TO A MULTITUDE OF HIGH QUALITY PUBLIC AND NON-PUBLIC SCHOOLS FROM WHICH PARENTS CAN CHOOSE FOR THEIR CHILDREN IN ADDITION TO FAMILY WHO EDUCATE THEIR CHILDREN AT HOME.
AND WHEREAS EDUCATIONAL VARIETY NOT ONLY HELPS TO DIVERSIFY OUR ECONOMY, BUT ALSO ENHANCES THE VIBRANCY OF OUR COMMUNITY.
WHEREAS CLU HAS MANY HIGH QUALITY TEACHING PROFESSIONALS, ALL TYPES OF SCHOOL SETTINGS WHO ARE COMMITTED TO EDUCATING OUR CHILDREN.
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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 21ST THROUGH THE 27TH.
2024 IS KLUT SCHOOL CHOICE WEEK.
WE CALL THIS OBSERVERS TO THE ATTENTION OF ALL OUR CITIZENS AND WITNESS HERE WHERE I'M HERE TO SET MY HAND AND CAUSE THE CITY SEAL OF THE CITY OF KLU TO BE AFFIXED AT THE 11TH DAY OF JANUARY.
AND IT WOULD BE SIGNED BY MYSELF AT THE TESTIFY BY ROSIE POINT, CITY CLERK.
THE NEXT ITEM IS A, A PROCLAMATION TO THE DENTON FAMILY.
UH, THEY'RE NOT HERE TONIGHT, BUT THE DENTON FAMILY, IF, FOR THOSE THAT MAY NOT KNOW OR MAY NOT HAVE EVER KNOWN THE PROPERTY THAT CITY HALL HERE, THAT THE ONLY ONES WAS THEIR FAMILY RESIDENCE AND THEIR BUSINESS RESIDENCE ALONG MAIN STREET HERE.
UH, THEY SOLD THIS PROPERTY TO THE CITY OF CL TO BUILD A CITY HALL.
UH, BACK IN THE SIXTIES, MR. DENTON PLANTED THE HUGE PALM TREE THAT WAS IN THE BACK THAT DIED IN THE FREEZE A FEW YEARS AGO.
AND, UH, HIS FAMILY HAD CONTACTED ME ASKING ME ABOUT HOW THE, WHAT HAPPENED TO THE, UH, TO THE TREE.
AND WE TOLD 'EM THAT MOTHER NATURE DID HIS DID ITS COURSE ON IT.
BUT, UH, AS YOU CAN SEE, OUR NEW 3D PRINTER PRINTED A LITTLE.
PRINTED A LITTLE TOKEN TO GIVE TO 'EM.
UH, AND THE PROCLAMATION READS, CITY OF CLUTE PROCLAMATION, THE DENTON FAMILY.
WHEREAS WILLIAM HOWARD, BILL DENTON ONCE WAS THE OWNER OF SOME OF THE PROPERTY WAS JUST CLUTE.
CITY HALL NOW STANDS WHEREAS MR. DENTON PLANTED A MUCH TREASURED PALM TREE IN THE SIXTIES TO HAVE A BIT OF THE TROPICAL EFFECT AT HIS HOME.
WHEREAS WINTER STORM AREA, A SEVERE WEATHER EVENT OF FEBRUARY, 2021, CAUSING MUCH DAMAGE IN SOUTH TEXAS, CLAIMED THE LIFE OF THE LONG STANDING PALM TREE.
AND WHEREAS THE CITY OF CLU WOULD LIKE TO RECOGNIZE THE DENTON FAMILY AND THEIR FATHER, WILLIAM HOWARD, BILL DENTON, FOR THE DEDICATION AND CONTRIBUTIONS TO THE CITY OF CLU AND THE BRADS PORT AREA AND FOR HIS SERVICE TO OUR COUNTRY.
NOW THEREFORE, OUR CALVIN SHIP MAYOR ON BEHALF OF THE CITY COUNCIL, CITIZENS AND EMPLOYEES OF THE CITY OF CLU DO HEREBY OFFER RECOGNITION AND RECOGNITION AND APPRECIATION THROUGH THIS PROCLAMATION HONORING WILLIAM HOWARD, BILL DENTON, AND THE DENTON FAMILY.
A WITNESS WHERE I HEARING IN TWO SET MY HAND AND CAUSE THE SEAL OF CITY CLUE TO BE AFFIXED THIS 11TH DAY OF JANUARY, 2024.
BE SIGNED BY MYSELF AND TO TESTIFIED BY ROSIE POINT AT CITY CLERK.
NEXT ITEM WOULD BE CONSIDERATION OF POSSIBLE ACTION ON ANNUAL REVIEW TO RETAIN THE ETHICS POLICY, POLICY ORDERS WITHOUT CHANGES FOR APPOINTED AND ELECTED OFFICIALS, BOARDS AND COMMISSIONS AND EMPLOYEES WHEN REPRESENTING THE CITY OR THE SCHEDULING OF A PUBLIC HEARING DATE FOR ANY POTENTIAL CHANGES.
THIS, THIS IS AN ANNUAL PIECE OF HOUSEKEEPING THAT WE DO TO REFLECT ON ETHICS COMMITTEE OR THE EXIT ETHICS ORDINANCE ADOPTED BACK IN 2018.
UH, IF COUNSEL DOES HAVE NO CHANGE OR IF COUNSEL DOES NOT WISH ANY CHANGES, THERE'S NO ACTION TO BE HAD.
THE ORDINANCE STANDS AS IT IS.
IF YOU DO WISH TO SEE SOME CHANGES, UH, WE HAVE TO, THERE'S A, THE ORDINANCE CALLS FOR A PUBLIC HEARING SCHEDULE AND THERE WOULD BE NEED TO BE A MOTION REQUESTING SUCH A PUBLIC HEARING ON THE REVI ON ANY REVISION TO THE ORDINANCE ONLY QUESTIONS.
IT STILL FITS THE GOVERNMENT'S NEEDS.
IT STILL FITS THE GOVERNMENT'S NEEDS.
YEAH, I DON'T THINK I READ ANYTHING THAT WAS OUT OF THE ORDINARY.
I HAVE A MOTION THAT WE, THAT WE RETAIN THE ORDINANCE AS IT IS.
SO I'LL SECOND MOVED BY COUNCILMAN CRISP, SECONDED BY COUNCILMAN AGUILAR.
NEXT ITEM WILL BE CONSIDERATION OF POSSIBLE ACTION TO ADOPT RESOLUTION NUMBER OH ONE DASH 2024 APPROVING WORK AUTHORIZATION TASK WORK ORDER FOR A GS TO COMPLETE THE SHANK SIDEWALK EXTENSION.
THIS WILL COMPLETE THE SEGMENT CONNECTING COMMERCE TO PLANTATION.
AND THAT SHANKS RUN FROM THE TRAILER
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PARK THERE ALL THE WAY SOUTH TO THE CL INTERMEDIATE SCHOOL.WE CURRENTLY HAVE NO ACTIVE SIDEWALK PAST THE INTERSECTION WITH
AND SO, UH, YOU'VE GOT OPEN DITCHES THROUGH THERE.
UH, TRUTH BE TOLD, IF WE WE'RE GONNA DO THIS THE RIGHT WAY, WE WOULD DROP THE ROAD DECK DOWN ABOUT 4 34 INCHES, MOVE THE WATER AND SEWER LINES OUT, LET THAT WORK AS IN LINE DETENTION, AND THEN PUT THE SIDEWALK AT GRADE.
UH, BUT WE DON'T HAVE THAT KIND OF MONEY.
AND SO, UH, WE ASKED ENGINEERS, AND WE'VE STRUGGLED WITH THIS FOR ALMOST TWO YEARS, JOHN AND I AND THE ENGINEERS HAVE GONE ROUND AND ROUND AND ROUND TRYING TO FIGURE OUT THE BEST WAY TO DO THIS.
WE'VE COME UP WITH A PLAN THAT WILL MITIGATE THE DRAINAGE ISSUES, UH, BECAUSE THE STREET ACTUALLY IS ABOVE THE GRADE OF THE HOUSES IN SOME CASES ALONG THAT ROUTE.
THIS WILL MITIGATE THAT REQUIREMENT.
UH, THE, THE QUOTE THAT IS INCLUDED WITH THE CONTINGENCY HERE, UH, WOULD INCLUDE THE SIDEWALK, THE DRAINAGE IMPROVEMENTS, INCLUDING THE BOX CULVERTS, AND ALSO IMPROVEMENTS ON DORSETT STREET TO ENSURE THE LONG LONGEVITY OF THAT STREET.
BECAUSE IF YOU'VE DRIVEN DOWN THERE, YOU'VE NOTICED THAT THE RIGHT SIDE OF THAT ROAD IS SHEARING OFF AT ALMOST FOUR AND SIX INCHES OF MM-HMM.
A SPOT GOING BACK INTO THAT DITCH.
SO WE'RE GONNA REDO THE CONCRETE SITE WHERE WE'RE GONNA PUT IN NEW CONCRETE SIDEWALK CULVERTS DRAINAGE FOR BOTH SHANKS AND THEN ALSO CONNECT DORSETT STREET AND MAKE AN IMPROVEMENT TO THE STREET TO IMPROVE THAT LONGEVITY THERE.
SO, UM, I MEAN THAT THOSE SIDEWALKS, I MEAN, ARE, THAT AREA NEEDS A LOT OF WORK, BUT I, ON DORSETT STREET, I THINK WE HAD TALKED ABOUT HOW CLOSING OFF THE DITCHES DID, DID THAT'S WHAT THIS IS GONNA DO.
WE'RE GONNA ENCLOSE THOSE DITCHES, PUT BOX CULVERTS IN, AND THAT THEY'RE GONNA RUN THAT BACK TO ENSURE THAT IT ALL TIES BACK TOGETHER, DRAINS CLEAN AND GET US AWAY FROM WHERE WE'RE PONDING CONSTANTLY ON THE BACKSIDE OF THAT LAST CORNER PROPERTY, GET THAT ALL CLEANED UP AND THEN ALSO PRESERVE THAT ROADWAY BECAUSE IT'S SHEARING OFF INTO THE DITCH REALLY, REALLY BAD.
AND IT'S A LITTLE COMPLICATED BECAUSE WE'VE GOT WATER SEWER LINE RUNNING UP AND DOWN THE STREET ON EITHER SIDE.
AND THEN WE ALSO HAVE THE MAIN TRANSFER LINE THAT RUNS FROM BUMPY ROAD LIFT STATION ALL THE WAY BACK TO THE SEWER PLANT THAT CROSS CROSSES DIAGONALLY AT DORSETT.
UH, SO THERE WAS SOME PRETTY SIGNIFICANT CHALLENGES HERE.
UM, BUT WE WERE ABLE TO AVAIL OURSELVES ONCE AGAIN OF THE LOW COST ENGINEERING AND CONSTRUCTION RELATED TO OUR INTER-LOCAL AGREEMENT WITH BEL AIR.
UH, I WOULD NOTE FOR COUNCIL'S, UH, EDIFICATION THAT THAT CONTRACT EXPIRES AT THE END OF THIS NEXT YEAR.
WE'RE TRYING TO GET BEL AIR TO RENEW THAT CONTRACT FOR US, UH, AND RENEW THAT PRICING LEVEL.
SO, UH, I'M, WE'RE, WE'RE GONNA HAVE TO BEG MAYBE SO, AND ON THE, UH, I KNOW WE HAD SAID, SO THE IMPROVEMENTS ON DOOR SET ARE GONNA BE ON THE SAME PROJECT AS THE SIDEWALK, RIGHT? WELL, IT'S A SEP IT'S NOT GONNA BE WITH, 'CAUSE I KNOW THE COUNTY'S SUPPOSED TO BE OVER THERE AS WELL.
CORRECT? THE COUNTY'S GONNA DO, THE COUNTY WILL COME AFTER WE GET THE WORK DONE.
SO WE'RE GONNA COME IN AND DO THE DRAINAGE AND THEN THE COUNTY WILL COME IN AND THEY'LL RESURFACE REED AND ALL THAT STUFF.
JUST MAKING SURE THAT'S THE SAME PROCESS.
WE U WE'LL, AND ACTUALLY I THINK WE WE'RE TRYING TO GET STARTED ON SMITH BEFORE WE HAD THE WEATHER COME UP THIS WEEK, BUT THEY SHOULD BE GETTING READY TO START SHOOTING GRADES, CLEANING OUT AND GETTING READY TO LEVEL ALL THOSE AS WELL.
SO, OH, AND YOU SAID THERE'S, THEY'RE GONNA START AS SOON AS THEY GET THIS BIG WORK.
THEY'RE READY TO GO AS SOON AS WE GET GOING.
OF COURSE NOW WE'VE GOT COLD WEATHER COMING IN, SO YEAH.
WE'LL PROBABLY BE DELAYED BY A COUPLE WEEKS, SO I THINK THIS IS GONNA BE WONDERFUL.
WELL WE'RE EXCITED TO GET THIS LAUNCHED.
AND THEN, UH, THE NEXT SEGMENTS ARE DIXIE DRIVE AND THEN EAST KYLE.
AND WE'RE ALSO GONNA REMEDIATE MAINE AND GET THE, I WOULD LOVE TO TELL YOU WE'RE GONNA MOVE THE POLES, BUT WE'RE NOT MOVING THE POLES.
WE'RE GONNA HAVE TO GO AROUND THE POLLS, WHICH IS A WHOLE NOTHER SOURCE OF CONSTERNATION WITH ME.
BUT WE'RE GONNA MOVE THE POLES OR MOVE AROUND THE POLES, UH, SO THAT YOU CAN ACTUALLY TAKE A STROLLER OR A WHEELCHAIR OR EVEN A, YOU KNOW, BIKE AND MAKE THE TURN ON THE SIDEWALK AND NOT HAVE TO GET INTO THE STREET DOWN HERE AT MAIN AND OLD ENGLETON.
SO ARE THEY, UH, I NOTICED THAT THEY'RE REPLACING POLES THROUGH THERE WITH THE FIBERGLASS POLES.
ARE THEY GONNA DO THOSE ON MAIN? YES, BUT THEY WON'T MOVE 'EM UNLESS WE PAY FOR IT TO BE MOVED.
BUT I MEAN, THEY'RE GONNA REPLACE THE POLES.
YEAH, NO, YEAH, THEY'RE GONNA REPLACE THE POLES, BUT YEAH.
YEAH, THAT'S BEEN A WHOLE SOURCE OF, THEY'RE GONNA PUT 'EM BACK WHERE THEY WERE.
AND IT WOULD BE RESOLUTION NUMBER OH 1 20 24.
A RESOLUTION OF THE CITY COUNCIL OR THE CITY OF INCLUDE TEXAS TASK ORDER AND BID FOR ALLIED GENERAL SOLUTION, A GS RELATED TO THE SURVEYING, ENGINEERING AND CONSTRUCTION OF SIDEWALK AND DRAINAGE IMPROVEMENTS ALONG SOUTH SHAKE STREET AND DORSETT STREETS.
UH, THAT'S ALL WE REALLY NEED TO READ, HUH?
[00:30:01]
DO I HAVE A MOTION TO APPROVE RESOLUTION NUMBER OH ONE DASH 2024? I'LL MAKE THE MOTION.MOTION MADE BY COUNCILMAN AGUILAR.
VAUGHN DISCUSSION? HEARING NONE.
DO HAVE A QUICK QUESTION IF I MAY.
WHAT KIND OF TIMEFRAME IS IT? DO WE HAVE? YES.
SO THEY'RE, THEY SAY ONCE THEY GET STARTED THEY CAN HAVE IT DONE WITHIN A MONTH, BUT THAT DEPENDS.
YEAH, IT DEPENDS ON, WELL, THEY'RE PRECASTING, ALL OF THE, UH, CULVERS, THE CULVERTS ARE ALL GONNA BE PRECAST.
SO IT'S BASICALLY COME SET IT IN PLACE, LOCK 'EM, SET 'EM IN PLACE, LOCK 'EM, SET 'EM IN PLACE AND LOCK 'EM.
AND IF YOU WANNA SEE AN EXAMPLE OF CLOSE TO WHAT WE'RE DOING, UH, UP IN HARRIS COUNTY ON HARLEM ROAD, THERE'S ABOUT A 30 FOOT SEGMENT.
THIS WILL ACTUALLY THE LONGEST SEGMENT THAT EVERYBODY'S EVER ATTEMPTED TO DO THIS AS FAR AS WE KNOW IN THE STATE OF TEXAS.
SO USE THIS SYSTEM AND THE NEXT ITEM WOULD BE, WE DID VOTE ON THAT, DIDN'T WE?
NEXT ITEM WILL BE CONSIDERATION OF POSSIBLE ACTION TO ADOPT RESOLUTION NUMBER OH TWO DASH 2024 APPROVING AN ANNEXATION POLICY FOR RESIDENTS IN THE CITY'S EXTRA TERRITORIAL JURISDICTION, ETJ SEEKING CITY SERVICES.
AND IT WOULD BE RESOLUTION NUMBER OH TWO DASH 2024, A RESOLUTION OF CITY COUNCIL OF CITY OF CLUTE, TEXAS CLARIFYING POLICY REQUIRING A PETITION FOR ANNEXATION IN ORDER TO RECEIVE NEW CITY SERVICE.
AND I'LL LET YOU GO FROM THERE.
AND ACTUALLY, MR. DUNCAN'S MADE A COUPLE OF CHANGES TO, OR ONE CHANGE TO THE ORDER OR TO THE RESOLUTION STAFF IS TRYING TO DETERMINE.
WE'VE HAD A MISHMASH IN THE PAST WHERE WE PROVIDED SERVICES BEYOND THE CITY LIMITS.
WE HAD A SITUATION A COUPLE YEARS AGO THROUGH A COLLEGE GENTLEMAN WANTED TO COME GET SERVICES.
WE TOLD HIM HE HAD TO GET A PETITION AND THEN WE DECIDED TO PULL THAT BACK.
WE HAVE ANOTHER INDIVIDUAL NOW DOWN OFF OF HIGHLAND PARK OR WILSON, DEPENDING ON WHICH JURISDICTION YOU LISTEN TO ON THE STREET NAMING THAT WISHES TO PUT IN THREE LOTS.
HE WANTS TO RUN WATER AND SEWER TO THEM.
WE'VE TOLD HIM TO HOLD ON HIS PLANS BECAUSE WE WANNA MAKE SURE THAT WE'RE REQUIRING A PETITION FOR ANNEXATION, BUT WE WANT YOUR BLESSING ON A POLICY THAT TELLS US, GIVE STAFF CLEAR DIRECTION.
ARE WE REQUIRING A PETITION FOR ANNEXATION IF THEY'RE GONNA GET THE SERVICES, OR ARE WE GONNA SAY WE'LL TAKE IT ON A CASE BY CASE BASIS AND THEY NEED TO COME TO YOU? OR HOW WOULD YOU LIKE THAT HANDLED? WE HAD SOMEBODY NOT LONG AGO THAT CAME THAT HAD THAT RIGHT.
HAD A PIECE OF PROPERTY THEY WANTED TO BREAK INTO PIECES AND MM-HMM.
COULD HE BREAK THE LAND UP BECAUSE CORRECT.
THERE WERE PEOPLE THAT WERE REALLY OPPOSED THINKING THAT WE WERE ABOUT TO APPROVE AN ANNEXATION FOR THEM.
AND SO THAT'S WHAT WE'RE TRYING TO GET CLARIFICATION ON NOW IS IF WE'RE GONNA PROVIDE SERVICES BEYOND THE CITY LIMITS, ARE WE GOING TO REQUIRE THEM THEN TO ANNEX IN AND FULLY PARTICIPATE AS LANDOWNERS AND TAXPAYERS IN THE CITY? SO HOW WOULD THAT BE IF WE, YOU HAVE A PIECE OF LAND THAT IS SURROUNDED BY OTHER AND BY OTHER LAND AND THEN THEY, THE PERSON IN THE MIDDLE WANTS TO GET SERVICES, DOES THAT MEAN THAT THE PETITION TO ANNEX WOULD BE THAT ANYONE IN BETWEEN WOULD GET ANNEXED OR HOW DOES THAT WORK? NO.
SO STATE HAS CHANGED THE UNILATERAL ANNEXATION, THE RULES AROUND UNILATERAL ANNEXATION.
AND SO WHAT WE HAVE IS A SITUATION WHERE IF YOU HAVE LAND, LET'S SAY YOU WANT, AND HYPOTHETICALLY UNDER YOUR HYPOTHETICAL, WE'RE GONNA RUN WATER OUT TO A PLACE AND THERE'S INTERVENING LANDOWNERS.
IN THAT CASE, WE HAVE TO ENTER INTO A DEVELOPMENT AGREEMENT WITH EVERYBODY ALONG THAT ROUTE TO AT SOME POINT ANNEX THEM IN OR AT SOME POINT GET THEIR ANNEXATION.
THIS CASE THEY ABUT THE CITY LIMITS.
THEY'RE RIGHT THERE, THERE WAS ACTUALLY SOME CONFUSION AS TO WHETHER OR NOT THEY WERE ALREADY IN THE CITY LIMITS.
AND SO THIS IS A SIMPLE CASE WHERE, AND MOST OF THE CASES THAT WE'RE GONNA HAVE ARE GONNA BE WHERE WE'RE PROVIDING SERVICES TO SOMEBODY ACROSS THE STREET WHERE THE CITY LIMITS IS.
IF YOU, IF YOU'RE FAMILIAR WITH THE LEVY THAT RUNS THROUGH IN FRONT OF BY, BY STRAT RIDGE PARK AND, AND AROUND IN FRONT OF THE VELASCO DRAINAGE DISTRICT.
AND THERE'S A GREATER PORTION OF IT THAT'S NOT, BUT THAT WAS, THAT WAS DUE TO THE FACT THAT IT WAS ANNEXED BY THE, BY LAKE BARBARA BEFORE LAKE BARBARA WAS ANNEXED BY CLUE OR COMBINED WITH CLUE.
SO I MEAN, THERE IS A SECTION WHERE THERE'S, YOU KNOW, IT, IT IS PRETTY MUCH RIGHT IN THE MIDDLE OF THAT
[00:35:01]
ROAD THROUGH THERE IF I, IF I REMEMBER CORRECTLY.BUT THERE'S ONLY LIKE THREE HOUSES THAT ARE, THAT ARE IN THE CITY OF CLUE.
ALL THE OTHERS THAT ARE ON THAT SIDE OF THE LEVY ARE ETJ.
DO YOU? SO, UM, I BOUGHT THE PIECE OF PROPERTY THAT SE OH, HERE GO UP TO THE MICROPHONE.
UM, MY NAME IS, UH, I, THE PIECE OF PROPERTY THAT'S RIGHT NOW, THE REASON I WAS, I DIDN'T EVEN KNOW DO, BUT THE SERVICES ARE RIGHT THERE ALREADY IN FRONT OF ME.
THEY'RE NOT, THEY'RE ON THE EASEMENT.
SO IN ORDER FOR ME TO GET TO MY, TO MY PROPERTY, I HAVE TO GO, YOU KNOW, OVER THE, THE WATER IN CITY SEWER.
LIKE THERE'S ACTUAL SEWERS, YOU KNOW, THE YEAH.
THE CUL YOU KNOW, THE CULVERS OR THE SEWER THINGS STICKING OUT OF THE GROUND.
SO RIGHT THERE, SO THAT WAS BASICALLY MY QUESTION WAS COULD WE JUST TAP INTO THE SEWER SINCE IT'S ALREADY THERE, THE CITY'S NOT GOING TO SPEND MONEY RUNNING SEWER OR WATER ANYWHERE.
IT'S JUST TAPPING INTO IT WOULD BE THE ABILITY TO TAP INTO IT OR USE THE WATER THAT'S ALREADY THERE.
IN THIS SITUATION, IN THAT SITUATION, I UNDERSTAND THAT IT'S A CASE BY CASE SITUATION, BUT HERE THE CITY WOULD NOT REALLY BE INVESTING OR WASTING, YOU KNOW, MONEY GETTING THE WATER TO THE PROPERTY BECAUSE IT'S ALREADY THERE ON THE PROPERTY.
IT'S JUST, CAN I USE IT? THAT WOULD BE MORE OF THE SITUATION AND DIVIDING UP THE, THE THREE LOTS ACCORDING TO THE REGULATIONS, YOU KNOW, THAT Y'ALL HAVE HERE FOR THE CITY FOR NEW LOTS, THEY'RE, THEY WANT A MINIMUM OF 65 FOOT WIDE LOTS.
'CAUSE I KNOW THAT Y'ALL DON'T WANT THE SMALL LOTS LIKE THE ONES WE HAD ON SMITH STREET.
SO THOSE LOTS WOULD END UP BEING RIGHT AT AROUND 78 FEET WIDE.
SO, I MEAN, THEY'RE WIDE ENOUGH THAT BASICALLY THE, THE ISSUE WOULD BE BEING ABLE TO USE THE SERVICES THAT ARE ALREADY THERE.
WELL, CORRECT ME IF I'M WRONG, BUT IF HE DOESN'T ANNEX, HE HAS TO PAY OUT OF, OUT OF CITY RATE.
SO HE'LL PAY AN OUTTA CITY RATE FOR THE, FOR THE UTILITIES OF 1.5 TIMES OUR WHATEVER OUR RATE IS.
SO IT'S A PREMIUM ABOVE THE NORMAL WATER RATE.
THE ARGUMENT THERE IS IS THAT THAT'S ONLY FOR THE WATER IN, SIR.
THERE'S A BROADER ARGUMENT TO BE MADE ABOUT THOUGH, ABOUT THE ROAD MAINTENANCE, THE PROVISION OF POLICE, FIRE, EMS SERVICES AND OTHER CITY SERVICES THAT HE CAN AVAIL HIMSELF OF WHERE INSIDE THE CITY LIMITS.
BUT IF HE APPLIES FOR ANNEXATION, HE CAN GET IT AT THE, HE GETS IT AT THE, AT THE NORMAL, AT THE NORMAL RATE.
BUT WITH THAT INEX SECTION, IT BECOMES FROM CITY OF INCLUDE TAXABLE PROPERTY.
BECAUSE IT'S THE FIRST PIECE OF PROPERTY OFF THE CITY OF KLU.
LIKE IF YOU DRIVE UNDERNEATH THE BRIDGE THAT GOES OVER THE RAILROAD TRACKS AND YOU DRIVE BACK INTO HIGHLAND PARK, IF YOU'RE ACTUALLY DRIVING ON THE ROAD, YOU, YOU JUMP OVER THE ROAD AND YOU'LL, YOU'LL BE ON THE PIECE OF PROPERTY.
IT'S THOSE TWO AND A HALF ACRES THAT HAVE BEEN EMPTY FOREVER.
MY QUESTION, SO THE UTILITIES THAT ARE RIGHT THERE THAT YOU'LL BE USING WILL ALSO BY THE ANNEXATION, WILL INCUR, UH, CITY TAXES TO YOU AS PROPERTY OWNER? WELL, I WAS PLANNING TO DEVELOP IT, BUILD THE PROPERTIES AND, AND PUT 'EM UP FOR SALE INSIDE THE CITY.
SIR, I'M SAYING I HOPE I NO, NO, NO, I UNDERSTAND WHAT THE SAME PAGE YEAH.
WE'RE GONNA COLLECT SOME TAX MONEY OFF OF, CORRECT.
AND, AND IF WE DO ANNEX IT THEN LIKE I SAID, YOU KNOW, THERE'S NO, THERE'S NO UPCHARGE ON ANY OF THE SERVICES.
I JUST, WE'RE JUST TRYING TO CLARIFY, IS THAT WHAT THE CITY COUNCIL WANTS US TO DO FROM THIS POINT FORWARD? WHEN WE HAVE AN ADJOINING PIECE THAT WE CAN ADD ON? ARE WE GOING, I MEAN, I WAS TO BRING IT TO COUNCIL EACH TIME OR NO, TO JUST SAY, HEY, THE POLICY IS WHEN YOU SUBMIT THAT APPLICATION FOR WATER AND SYRIA, YOU NEED TO SUBMIT A PETITION FOR ANNEXATION AND WE'LL START THAT PROCESS.
I MEAN, ESPECIALLY IF IT'S IN A CASE LIKE THIS WHERE IT'S RIGHT THERE, YOU KNOW.
I DON'T SEE IT AS, BUT LIKE YOU SAID, IT'S NOT THE SEWER WATER, IT'S FIRE AND MM-HMM.
SO THE QUESTION IS REALLY, DO YOU WANNA DO CITY SURFACES? KIND OF LIKE A LA CARTE? YEAH.
I DON'T WANNA BE IN THE CITY, BUT I WANT CITY WATER OR I DON'T WANNA BE IN THE CITY, BUT I WANT SOME OTHER CITY SERVICE.
OR IS THE CITY COUNCIL'S POSITION IS YOU'RE EITHER IN OR YOU'RE OUT.
IF YOU'RE IN THE CITY, YOU GET ALL THE SERVICES.
IF YOU'RE NOT IN THE CITY, YOU DON'T GET ANY OF THE SERVICES.
WELL, AND, AND THAT'S THE QUESTION, DO Y'ALL WANT TO ADOPT THIS POLICY SO THAT YOU'VE GOTTA BE IN OR OUT? OR DO Y'ALL WANT TO PROVIDE A POLICY WHERE YOU CAN KIND OF GET CITY SERVICES ON A A LA CARTE BASIS? AND I WOULD NOTE BASIS,
[00:40:01]
THE WAY WE'VE WRITTEN THE RESOLUTION IS SIMPLY FOR NEW SERVICES.IT HAS NOTHING TO DO WITH THOSE THAT ARE GRANDFATHERED THAT WE CURRENTLY ALREADY PROVIDE.
SO, UH, IF YOU NEED A MOTION, I'LL MAKE YOUR MOTION HEARING YOUR IN OR OUT.
WELL, LET, AND LET ME CLARIFY ALSO BECAUSE, UH, CJ MENTIONED, I, I APOLOGIZE, BUT I NEED TO MAKE A, I SUGGESTED A CHANGE TO THIS AND I DIDN'T.
I JUST GOT BACK IN TOWN THIS WEEKEND AND I WASN'T ABLE TO MAKE THAT CHANGE.
BUT, UH, UH, AS IT READS NOW THEY ONLY HAVE TO FILE A PETITION.
I'M GONNA CHANGE THAT TO, THEY HAVE TO FILE A PETITION.
THEY HAVE TO ACTUALLY BE ANNEXED.
NOT, THEY CAN'T JUST SAY, WELL, I FILED MY PETITION, I GET IT, BUT I CHANGED MY MIND.
YOU KNOW, THE, THE RULE WOULD BE THEY HAVE TO ACTUALLY BE ANNEXED INTO THE CITY BEFORE THEY GET THE CITY SERVICE.
SO THAT WOULD, THAT'S THE RECOMMENDED CHANGE.
SO GO BACK TO THE, THE ONE THAT WE DID HERE THAT THEY HAD SPLIT THE LAND OF WOULD, IN THAT CASE, WOULD THAT MEAN THAT ALL THOSE NEIGHBORS WOULD'VE BEEN ANNEXED? NO.
OR HOW DOES THAT, SO, 'CAUSE I'M TRYING TO FIGURE OUT, SO UNDER THEIR, THEIR FEAR BETWEEN THE PIPE AND WE'RE RUNNING IT OVER OTHER PEOPLE'S LANDS THAT ARE OUTSIDE ONE PROPERTY.
SO THE CONCERN IN THAT SITUATION WAS WE HAD BEEN, WE HAD BEEN PROVIDING WATER AND SEWER AND GARBAGE SERVICES TO THESE FAMILIES SINCE THE SIXTIES WITHOUT THE REQUIREMENT THAT THEY ANNEX IN.
AND THEIR FEAR WAS, IS IF WE WERE REQUIRED HIM TO ANNEX IN, THEN WE WOULD THEN SHUT THEIR SERVICES OFF AND FORCE THEIR HAND TO ANNEX AS WELL.
SO THE CITY HAD THE OPPORTUNITY UP UNTIL ABOUT 20, I GUESS IT WAS 20 17, 20 19 MAYBE TO UNILATERALLY ANNEX ANYBODY WE PROVIDED SERVICES TO AT ANY TIME, THE STATE HAS NOW SAID WE CANNOT DO THAT WITHOUT A PETITION.
WITHOUT A PETITION THAT'S SO COULD WE COULD LITERALLY HAVE JUST ONE PROPERTY IN THE MIDDLE OF A BUNCH OF OTHER UNINCORPORATED PROPERTIES.
WHICH IS WHY I WANTED TO SAY THAT THE ANNEXATION WOULD BE GRANTED.
'CAUSE LET'S, LET'S LOOK AT A HYPOTHETICAL.
YOU, YOU CROSS 10 PROPERTY OWNERS TO SUPPLY WATER TO THE 11TH AND THE 11TH.
THAT'S THE 11TH WANTS TO BE IN THE CITY AND THE OTHER 10 DON'T WANT TO.
UM, AND SO THEN THE CITY WILL THEN YOU AS THE COUNCIL WILL MAKE THE DECISION, DO WE ANNEX PROPERTY NUMBER 11? YOU KNOW, ON THE ONE SIDE, IF WE RUN THE, THE, THE SERVICES TO NUMBER 11, WELL THEN MAYBE ONE THROUGH 10, WELL, THEY STILL DON'T GET WATER UNLESS THEY'RE ANNEXED.
BUT YOU KNOW, IS THE INVESTMENT SUFFICIENT THAT HEY, THEY WILL PROBABLY WANT TO GET ANNEXED IN TO GET THOSE SERVICES LATER? OR IS IT LIKE, NO, WE DON'T WANNA SPEND THAT MUCH MONEY TO GET ALL THE WAY TO 11.
AND SO THAT WOULD BE A CASE BY CASE, UM, DECISION BY THE COUNCIL.
YOU KNOW, IS IT IN THE CITY'S INTEREST TO ANNEX THAT ONE REMOTE PROPERTY OWNER, RIGHT.
OR NOT? UH, SO THAT'S WHY I DIDN'T WANT TO, YOU JUST FILE A PETITION BECAUSE NOW ALL OF A SUDDEN WE GOTTA ANNEX REGARDLESS OF THE COST TO THE CITY.
RIGHT? SO YEAH, IT NEEDS TO COME, YOU KNOW, EAST ANNEXATION NEEDS TO BE COME TO THE CITY FOR Y'ALL TO MAKE THE DECISION.
YOU KNOW, IF IT'S LIKE THIS SITUATION, THERE'S NO NEW INFRASTRUCTURE, RIGHT? NO ADDITIONAL COST, YOU KNOW, SO I'M LIKE, OKAY, THAT'S NO PROBLEM.
OR YOU'RE ONLY OUT JUMPING ONE OR TWO PROPERTY OWNERS.
YOU LOOK AT THE COST BENEFIT AND YOU SAY, OKAY, IT'S WORTH IT.
BUT IF YOU'RE GOING, YOU KNOW, QUARTER MILE OUT AND YOU'RE RUNNING A WATER PIPE AND IT'S NOT WORTH IT, THEN WE CAN SAY, HEY, WE DON'T WANT TO ANNEX YOU EVEN THOUGH YOU WANT TO BE IN, BECAUSE IT'S NOT, IT'S NOT FINANCIALLY STANDARD DECISION.
THAT JUST ANSWERED ALL MY QUESTIONS RIGHT THERE.
IT, SO, UM, MY NEXT QUESTION, I HAVE A MOTION BY COUNCILOR CHRIS TO, SO MY NEXT QUESTION, YOU KNOW, IF, IF IT GETS APPROVED TO WHERE WE CAN ANNEX JUST THAT ONE PIECE OF PROPERTY, WOULD I HAVE TO COME BACK TO ANOTHER MEETING? LIKE FILL OUT MORE PAPERWORK? SO THERE IS A PETITION PROCESS THAT HAS TO BE FOLLOWED.
PUBLIC HEARINGS, YOU WOULD HAVE TO UNDERGO THAT PROCESS, BUT WE COULD GO AHEAD AND INITIATE YOUR WATER CONTINGENT ON THE AGREEMENT THAT WOULD BE, SO WHEN YOU PUT TOGETHER AN ANNEXATION, WHAT YOU HAVE TO DO IS PUT TOGETHER A SERVICE, A PLAN OF SERVICE.
AND SO YOUR PETITION IS GONNA REQUEST THE FULL MENU OF CITY SERVICES.
WE WILL THEN FIGURE OUT ARE WE ABLE TO PROVIDE WATER, SEWER, POLICE GARBAGE TO THAT PROPERTY? THE ANSWER IS OBVIOUSLY YES.
UM, AND THEN THAT WOULD SAY, OKAY, HIS PLAN OF SERVICE IS GONNA INCLUDE THESE ITEMS ON THIS SCHEDULE AND THEN WE WOULD CLOSE THE ANNEXATION.
WHETHER OR NOT YOU HAD TO COME BACK FOR ANY MEETINGS.
THAT'S AT YOUR DISCRETION, I WOULD URGE YOU TO.
BUT, UH, THE PETITION, ONCE IT'S FILED, IT'S PRETTY MUCH A, A MINISTERIAL PROCESS UNLESS THERE'S A DISAGREEMENT ON YOUR PART THAT, HEY, YOU DON'T WANT THIS, AND THEN WE WOULD HAVE TO GO TO, WE'D HAVE TO FIGURE THAT OUT.
I HAVE A MOTION BY COUNCILMAN CHRIS THAT WE ADOPT THE RESOLUTION THAT WILL, THAT WILL HAVE, UH, THAT WILL REQUIRE ANNEXATION FOR PROVISION OF SERVE SERVICES.
I'LL SECOND BY COUNCILMAN AGUILAR.
[00:45:02]
HEARING NONE, I'LL ENTERTAIN THE VOTE.NEXT ITEM WOULD BE CONSIDERATION OF POSSIBLE ACTION TO ADOPT ORDINANCE NUMBER 2024 DASH OH ONE.
AN ORDINANCE OF THE CITY OF CLU, BRAZO COUNTY, TEXAS CONTAINING FINDINGS OF FACTS AND CONCLUSIONS OF LAW AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF SAID CITY TO PERMIT THE SPECIFIC USE OF LOTS.
FOUR E FOUR F, AND FIVE E BLOCK FIVE.
OAK PARK PLAZA, JARED K GROSS LEAGUE ABSTRACT 66 MISSOURI COUNTY, TEXAS.
ACCORDING TO THE MAPER PLATT THEREOF, RECORDED IN THE PLATT RECORDS OF MISSOURI COUNTY, TEXAS WITHIN THE CORPORATE LIMITS OF SAID CITY, KNOWN LOCALLY AS ONE 19 BPORT BOULEVARD CO TEXAS, A LOCATION FOR OPERATION OF A CHURCH KNOWN AS A UNIVERSAL CHURCH BY THE AIRONE
PROVIDED THAT SAID, SPECIFIC USE PERMIT SHALL NOT BE TRANSFERABLE, CONTAIN A REPEATER CLAUSE IN THE EVENT OF PARTIALLY IN INVALIDITY, AND PROVIDE THAT THIS ORDINANCE SHALL TAKE EFFECT BE ENFORCED 10 DAYS AFTER ITS PASSAGE AND APPROVAL.
DO I HAVE A MOTION TO APPROVE ORDINANCE 2024 DASH OH OH ONE GRANTING THE SPECIFIC USE PERMIT FOR THE CHURCH AT ONE 19 BRADFORD BOULEVARD.
MOTION MADE BY COUNCIL FIRST MADDOX, SECONDED BY COUNCIL AGUILAR.
NEXT ITEM WOULD BE CONSIDERATION AND POSSIBLE ACTION TO ADOPT ORDINANCE NUMBER 2024 DASH OH OH TWO.
AN ORDINANCE OF CITY OF RESORT COUNTY TEXAS CONTAINING FINDINGS AND FACTS AND CONCLUSIONS OF LAW AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF CI CITY TO PERMIT THE SPECIFIC USE OF LOT 5 66 B OUT OF TRACK 5 66 IN DIVISION 14 OF THE BRA COAST INVESTMENT COMPANY SUBDIVISION OF THE A CT LEAGUE AFTER TRACK 49 IN BRAZO COUNTY, TEXAS WITHIN THE CORPORATE LIMITS OF SAID CITY KNOWN LOCALLY AS 9 21 SOUTH SHAKE STREET, CLU, TEXAS FORBIDDING A GROUND LEVEL RESIDENCE BY THE LEASE OPERATOR, BEN AND LAUREN GOLDEN OF THE SELF STORAGE BUSINESS AND OPERATION AT THAT LOCATION IN ADDITION TO OTHER PERMITTED USES UNDER CERTAIN CONDITIONS THEREIN SPECIFIED, PROVIDING THAT SAID SPECIFIC USE PERMIT SHALL NOT BE TRANSFERRABLE CONTAINING A
AND PROVIDED THAT THIS ORDINANCE SHALL TAKE EFFECT AND BE ENFORCED 10 DAYS AFTER IT'S PASSES AND APPROVED.
I HAVE A MOTION TO APPROVE ORDINANCE NUMBER 2024 DASH TWO.
I'LL SECOND COUNCIL GELLAR DISCUSSION.
OKAY, DOES THIS, IS THIS GONNA OPEN TO THE CASE THAT ANY OTHER BUSINESS SO DO THE SAME THING? NO.
SO EACH ONE HAS TO, IF IT'S A, UNDER THE ORDINANCE RIGHT NOW, IF YOU'RE OPERATING A STORAGE FACILITY, YOU HAVE TO COME ASK THE CITY FOR A SAME LEVEL, SAME STORY APARTMENT.
IF YOU'RE GOING TO INCLUDE ONE, IF YOU'LL THINK ABOUT THE ONE DOWN HERE ON THE CORNER, THEY HAD TO COME AND GET AN SUP WHEN THEY TRIED TO DO THE SAME THING AND THEN THEY WERE DENIED BECAUSE THEY DIDN'T MEET THE FIRE RATINGS THESE GUYS HAD PREVIOUSLY COME TO US.
AND IT, AND IT DEALS WITH SPECIFICALLY THE STORAGE.
BUSINESS, BUSINESS, THE ACTUAL STORAGE BUSINESS IS A PERMITTED BUSINESS TO WORK IN THE CITY.
BUT IF YOU'RE GONNA HAVE A, A RESIDENCE OR, OR ANYTHING THAT'S OTHER THAN STORAGE THERE, IT HAS TO HAVE A SPECIFIC USE PERMIT.
SO THE RESIDENCE AND THE STORAGE BUSINESS IS LINKED TOGETHER IN THAT ASPECT.
THAT'S WHAT I WANNA MAKE Y'ALL.
YEAH, HE CAN'T JUST OVER, YOU CAN'T JUST RENT IT OUT TO ANYBODY OR RUN IT LIKE IN WELL I HAVE ANOTHER BUSINESS SHOW UP AND GO, HEY, I WANT A HOUSE IN MY BUSINESS.
WELL NOW I WAS GONNA SAY, YOUR ORDINANCE DOES ALLOW CERTAIN AMOUNT OF SQUARE FEET FOR A RESIDENCE ABOVE A BUSINESS IN ANY DISTRICT CURRENTLY.
NOT AT GROUND LEVEL, BUT NOT AT GROUND LEVEL.
I FELT LIKE WHEN WE WERE, WHEN WE WERE LOOKING AT THE, UH, WHEN WE WERE LOOKING AT THE, THE MASTER PLAN FOR THE, FOR THE STUFF BEHIND THE, UH, MOTEL THROUGH THERE.
WE WERE LOOKING AT LOFT APARTMENTS ABOVE THE BUSINESS.
AND I THINK THE INTERESTING PART ABOUT THAT IS IF YOU LOOK LIKE IN THE, I THINK IT'S JUST LIKE A REALLY, REALLY OLD TIME LAW.
IF YOU LOOK AT THE OLD TRADITIONAL DOWNTOWN WHERE THEY HAVE A SHOP ON THE, THE BOTTOM FLOOR AND YOU KNOW, A SHOEMAKER AND HIM AND HIS FAMILY LIVE UPSTAIRS.
UH, YOU KNOW, IN, IN THE BIG CITIES IN THE NORTHEAST.
AND THEY, I MEAN I THINK THAT IT BEEN OUR ORDINANCE FOR A LONG TIME AND I THINK IT KIND ORIGINATES
[00:50:01]
FROM THAT.IF YOU HAVE A BUSINESS YOU CAN AUTOMATICALLY LIVE UPSTAIRS.
SO I KIND OF THINK THAT'S INTERESTING.
MAYBE NOT THAT APPROPRIATE NOW, BUT YOU KNOW, I MEAN, YEAH.
I WOULD THINK IT ALSO, YOU KNOW, LIKE IN TML SESSIONS THEY PREACH THE IMPORTANCE OF SECOND STORY RESIDENTIALS AND YOU KNOW, DOWNTOWN AREAS, YOU WANNA BUILD THAT DENSITY UP AND KEEP THAT CORRECT.
THAT AREA VIBRANT FOR 24 HOURS.
IT REDUCES CRIME, IT HELPS IMPROVE THE LOCAL ECONOMY.
AND SO THE SECOND STORY MAKES SENSE.
IT'S THE GROUND LEVEL WHERE WE HAVE AN ISSUE IN THE ZONING.
RIGHT? I MEAN, YEAH, THAT TOO.
I MEAN, I DON'T KNOW IF IT SHOULD IN OUR ORDINANCE, IS IT ANY BUSINESS OR IS IT IN A CERTAIN AREA? NO, IF YOU'RE IN C ONE OR C TWO, YOU CAN PUT A, AN APARTMENT ABOVE THE BUSINESS AS LONG AS IT'S LOCATED ON THE SECOND STORY.
WELL I'LL KEEP IT TO MYSELF, BUT WE'VE GOT MULTIPLE CHANGES THAT WE NEED TO MAKE TO THE ZONING ORDINANCE.
SO LIKE IF IT WAS KFC AND THEY WANTED TO BUILD AN APARTMENT UPSTAIRS, THEY COULD ABSOLUTELY DO, THEY COULD HAVE ONE APARTMENT IN A BIG BUCKET.
THAT MIGHT BE A LITTLE SMELLY.
EVERYBODY WOULD KNOW YOU WERE COMING THOUGH.
ACTUALLY, WHY AM I, I HAVE A MOTION AND A SECOND.
ANY OTHER, ANY FURTHER DISCUSSIONS? HEARING NONE IAIN A VOTE.
[VII. CLOSED EXECUTIVE SESSION - 551.087 ]
NEXT ITEM WOULD BE A CLOSED EXECUTIVE SESSION.CLOSED EXECUTIVE SESSION IS AUTHORIZED BY TEXAS OAKLAND DS ACT.
GOVERNMENT CODE CONSULTATION WITH AN ATTORNEY, CONSENTING, PENDING OR CONTEMPLATED LITIGATION SETTLEMENT OFFICER, OR OTHER MATTERS IN WHICH THE DUTY OF THE ATTORNEY TO THE CITY OF COUNCIL UNDER THE TEXAS DISCIPLINARY RULES OF PROFESSIONAL CONDUCT OF THE STATE BAR OF TEXAS CLEARLY CONFLICTS WITH CHAPTER 5 5, 1 GOVERNMENT CODE.
DISCUSSION OF POTENTIAL LITIGATION, THE PARK INCIDENT.
WE WILL NOW RETIRE TO EXECUTIVE SESSION.
I'LL CONSIDER A MOTION TO COME BACK IN, VOTE FOR THE SESSION.
MOTION MADE BY COUNCILMAN, SECONDED BY I.
NEXT ITEM WILL BE ACTION TAKEN AS A RESULT OF THE CLOSED EXECUTIVE SESSION.
[VIII. NOTICE/ANNOUNCEMENT OF UPCOMING EVENTS AND MEETINGS ]
NEXT ITEM WILL BE NOTICE OF ANNOUNCEMENT OF UPCOMING EVENTS AND MEETINGS.MARTIN LUTHER KING DAY IS MONDAY, JANUARY THE 15TH.
BRAZORIA COUNTY CITY ASSOCIATION, B-C-A-C-A DINNER HOSTED BY THE CITY
REGULAR COUNCIL MEETING THURSDAY, JANUARY 25TH AT 7:00 PM AND A REGULAR COUNCIL MEETING ON FEBRUARY THE EIGHTH, 2024 AT 7:00 PM AND ANOTHER ONE ON FEBRUARY 22ND, 2024 AT 7:00 PM NEXT ITEM WILL BE ADJOURNING.
I'LL SECOND COUNCILPERSON MADDOX.
COUNCILMAN
UNANIMOUS MEETING IS ADJOURNED.