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MOSES IS HEREBY GIVING A JOINT PUBLIC[I. COMMENCEMENT ]
HEARING BETWEEN CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION OF THE CITY OF CLU, TEXAS TO BE HELD ON THURSDAY, FEBRUARY 22ND, 2024 AT 7:00 PM FROM THE COUNCIL CHAMBERS OF CLU CITY HALL, LOCATED AT 1 0 8 MAIN STREET, CLUTE, TEXAS 7 7 5 3 1.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, INCLUDE BUT NOT LIMITED TO SECTIONS 5 5 1 0.071.
CONSULTATION WITHIN AN ATTORNEY 5 5 1 0.072 DELIBERATION ABOUT REAL PROPERTY 5 5 1 0 7 3.
DELIBERATION ABOUT GIFTS AND DONATIONS.
5 5 1 0 7 4 PERSONNEL MATTERS.
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.
INCLUDED, WOULD NOT LIMITED TO THE SECTION 3 2 1 0.3022 SALES TAX INFORMATION.
THE AGENDA AGENDA PACKET MEETING LINK INFORMATION ARE POSTED ON THE CITY'S WEBSITE@WWW.CLUTEXAS.GOV.
PUBLIC COMMENTS WILL BE ALLOWED IN PERSON AND WILL OCCUR AT THE BEGINNING OF THE MEETING OF THE PUBLIC COMMENT ITEM, THE REGISTERED TO SPEAKER.
TO SUBMIT WRITTEN COMMENTS, PLEASE EMAIL CITY CLERK ROSIE PORTER AT ROSIE@KLUTEXAS.GOV.
AT LEAST TWO HOURS IN ADVANCE OF THE MEETING.
NO REGISTRATION REQUIRED FOR PUBLIC COMMENTS DURING THE PUBLIC HEARING PORTION OF THE MEETING.
A RECORDING OF THE VIDEO MEETING WILL BE MADE AVAILABLE UPON WRITTEN REQUEST TO THE PUBLIC IN ACCORDANCE WITH THE OPEN MEETINGS ACT.
THE MEETING HAS NOW BEEN CALLED TO ORDER.
WOULD YOU CARE TO BLESS US? OH DEARLY.
FATHER, WE THANK YOU FOR ANOTHER DAY, LORD.
AND WE THANK YOU FOR EVERYTHING YOU PROVIDE FOR OUR FAMILIES AND OUR COMMUNITY.
LORD, WE JUST ASK THAT YOU, UH, ALWAYS LOOK OUT FOR OUR FIRST RESPONDERS, LORD, AND JUST EACH, FROM EVERYONE FROM THE FIRE DEPARTMENT THROUGH THE EMS LORD, EVERY ONE OF 'EM GO OUT EACH DAY AND, AND, UH, PUT THEIR LIVES ON THE LINE FOR US, LORD.
AND WE'RE THANKFUL THAT YOU BLESS PEOPLE WITH THAT, WITH THAT GIFT.
AND, UH, LORD, WE JUST ASK TONIGHT AS WE GO THROUGH WITH THIS MEETING, YOU KNOW THAT ALL OF OUR DECISIONS ARE, WOULD BE IN YOUR HONOR AND WHAT YOU WOULD HAVE US, YOU KNOW, DO FOR OUR COMMUNITY, LORD.
SO WE JUST ASK THAT YOU CONTINUE TO, TO BLESS ALL OF US AND YOUR HOLY NAME WE PRAY.
IN THE PLEDGE, PLEASE FLAG OF THE UNITED STATES OF AMERICA AND REPUBLIC, WHICH IT STANDS ON A MISSION, BROTHER GOD AND INDIVISIBLE, WITH LIBERTY JUSTICE FOR ALL.
UH,
JOE LOPEZ PRESENT, FRANCIS VAUGHN PRESENT.
PLAINTIFF'S ZONING COMMISSION CARES TO CALL THEMSELVES TO ORDER AND HAVE ROLL CALL.
UH, CALL PLAN IS ZONING INTO ORDER.
[II. JOINT PUBLIC HEARING - SUP - GROUND RESIDENCE AT 530 S. Hwv 288B ]
ALRIGHT.THE FIRST ITEM ON TONIGHT'S AGENDA IS OUR PUBLIC HEARING AND IT IS A SPECIFIC USE PERMIT FOR A GROUND RESIDENCE AT FIVE 30 SOUTH HIGHWAY 2 88 B.
UH, FIRST ITEM IS TO READ THE LEGAL REQUIREMENTS AND NOTICE OF PUBLIC HEARING.
A JOINT PUBLIC HEARING OF THE CITY.
KLU CITY COUNCIL OF PLANNING'S ZONING COMMISSION WILL BE HELD ON THURSDAY, THE 22ND DAY OF FEBRUARY, 2024 AT SEVEN O'CLOCK FROM THE CITY HALL OF THE CITY OF KLU, PEZO COUNTY, TEXAS, LOCATED AT 1 0 8 EAST MAIN STREET, KLU, TEXAS.
THE JOINT PUBLIC HEARING WILL ALSO BE AVAILABLE FOR VIEW ON THE CITY'S WEBSITE@WWW.CLUTETEXAS.GOV.
AT WHICH TIME AND PLACE THE CITY, THE CITY COUNCIL AND THE PLANNING IS ON THE COMMISSION OF THE CITY WILL CONSIDER THE QUESTION OF GRANTING A SPECIFIC USE PERMIT FOR THE FOLLOWING REAL PROPERTY LINE AND SITUATED WITHIN THE CORPORATE LIMITS OF THE CITY.
LEGAL DESCRIPTION, BCIC DIVISION 14 LOT 2 89 B ONE SLASH 2 89 B TWO ACRES 0.62 A 0 0 4 9 A KLU.
THE ADDRESS LOCATION FIVE 30 HIGHWAY 2 88 BLU, TEXAS 7 7 5 3 1.
PROPOSED USE IS A GROUND RESIDENCE IN THE C TWO ZONE.
ALL INTERESTED PARTIES WILL BE GIVEN AN OPPORTUNITY TO PRESENT EVIDENCE CONCERNING THE ABOVE, QUESTIONED IN FAVOR OR AGAINST THE SAME WRITTEN COMMENTS WILL BE ACCEPTED AT C MANAGER'S OFFICE UNTIL 5:00 PM ON THE DAY OF THE PUBLIC HEARING.
ALL MAIL SHOULD BE ADDRESSED TO CITY MANAGER 1 0 8 EAST MAIN STREET, CLUTE, TEXAS 7 7 5 3 1.
WRITTEN PROTEST IS FILED AGAINST CITY CHANGE SIGNED BY THE
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OWNERS OF 20% OR MORE OF EITHER OF THE AREAS OF LOTS OR LAND.INCLUDED IN SUCH PROPOSED CHANGE ARE THE LOTS OF LAND IMMEDIATELY ADJOINING THE SAME AND EXTENDING 200 FEET THERE FROM NO AMENDMENT SHALL BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF THREE-FOURTHS OF ALL MEMBERS OF THE CITY COUNCIL.
SIGNED BY, SIGNED BY ROAD DEPARTMENT CITY, CLERK CITY, TEXAS.
NEXT ITEM WOULD BE TO NOTE THE PUBLISHER'S A PUBLISHER'S AFFIDAVIT THAT WAS PUBLISHED IN THE BRADFORD FAX ON TWO TWO OF 24.
AND THE NEXT ITEM WOULD BE LIST OF PROPERTY OWNERS NOTIFIED BY MAIL.
THERE WERE 15 MAILS DELIVERED OR SENT OUT.
NONE WERE RETURNED, SO WE'RE PRESUMING THEY WERE ALL DELIVERED.
AND THE NEXT ITEM WOULD BE THE OPEN FLOOR FOR DISCUSSION.
THE FIRST, FIRST IN THERE WOULD BE THOSE IN FAVOR OF THE SPECIFIC USE PERMIT.
FIRST ITEM IS RECEIVED LETTERS.
AND THEN THE NEXT ITEM WOULD BE TO HEAR FROM THOSE PRESENT IN FAVOR OF THE SPECIFIC USE PERMIT.
UH, IF YOU JUST GIVE US YOUR NAME AND YOUR ADDRESS AND WHY YOU, UH, REQUESTING THE SPECIFIC USE PERMIT.
OLIVIA HERNANDEZ FIVE 30 VERSUS PORT BOULEVARD SOUTH INCLUDE, AND I WAS NEEDING A PERMIT FOR, UH, RESIDENTIAL.
AND SO TO EXPLAIN TO COUNSEL AND TO OBVIOUSLY PLANNING AND ZONING'S ALREADY TAKEN THIS ISSUE UP.
THIS FACILITY, THE HOUSE THAT SHE LIVES IN IS ACTUALLY ZONE C TWO.
AND UNDER OUR CURRENT ORDINANCE, YOU'RE NOT ALLOWED TO HAVE A RESIDENCE AT GROUND LEVEL INSIDE THE C TWO ZONE.
NOW, MS. HERNANDEZ, YOU'VE LIVED AT THIS LOCATION FOR A WHILE, CORRECT? FIVE YEARS.
AND THE WHAT, BASICALLY YOU PURCHASED THIS OR WERE DEEDED THIS PROPERTY FROM ANOTHER INDIVIDUAL, ALEX ESPINOZA.
AND AT THAT, PRIOR TO THIS, HAD IT BEEN OPERATED AS A, A COMMERCIAL FACILITY AT SOME POINT IT WAS, IT WAS BOYTON CAR LOT.
SO, UM, IF YOU CHANGED THE ZONING, BECAUSE THE SURROUNDING PROPERTIES ARE ALSO C TWO, YOU WOULD BE ENGAGING WHAT'S KNOWN AS SPOT ZONING, WHICH IS FROWNED UPON.
UH, AND SO IN ORDER FOR MS. HERNANDEZ TO BE ABLE TO CONTINUE USING THIS AS A RESIDENCE, SHE NEEDS A SPECIAL USE PERMIT.
I NOTICED ON THE TAX STATEMENT THAT, THAT WE HAVE A COPY OF, IT'S SHOWING A GENERAL HOMESTEAD EXEMPTION.
IT'S WHAT? A GENERAL HOMESTEAD, OPTIONAL HOMESTEAD EXEMPTION IN A COMMERCIAL ZONE.
SO, UH, WHEN I ASKED THE APPRAISAL DISTRICT, THEY DON'T TAKE INTO ACCOUNT THE ZONE.
THEY GO BY THE USE, WHICH I THINK IS KIND OF CONVENIENT.
SO I GUESS THEN YOU APPLIED FOR THE HOMESTEAD EXHIBIT? YES, SIR.
IF IT'S YOUR RESIDENCE AND YOU APPLY FOR A HOMESTEAD EXHIBIT THAT, THAT IT HAS TO BE YOUR RESIDENCE TO APPLY FOR THE HOMESTEAD.
I JUST DIDN'T KNOW THEY COULD DO THAT INSIDE THE COMMERCIAL.
SO WHEN IT SAYS A RESIDENTIAL ON A GROUND LEVEL, IS THAT MEANING LIKE SOMEBODY HAS A SH OR WHAT IN C TWO YOU CAN DO IS HAVE A SHOP BELOW AND THEN YOU LIVE ABOVE IT? THAT WOULD BE OKAY.
RIGHT? LIKE THE OLD SCHOOL, IF YOU THINK ABOUT BACK IN THE DAY WHEN YOU HAD YOUR GENERAL STORE AND THE FAMILY LIVED ABOVE ANY APARTMENT ABOVE THE GENERAL STORE, THAT KIND OF THING, THAT'S ALL COMPLETELY ALLOWABLE IN C TWO.
IT'S JUST NOT GROUND FOUR RESIDENTIAL UNDER OUR CURRENT ZONE.
IT'S THE, THE ABOVE STAIRS IN THE, IN THE COMMERCIAL IT IS ALLOWED AS LONG AS IT HAS THE PROPER FIRE WALLS BETWEEN THE, BETWEEN THE BUSINESS AND THE AND THE RESIDENCE.
THIS IS NOT, THIS IS BASICALLY JUST A HOUSE? YES, JUST A HOUSE.
SO NOT THE SPOT ZONE, IT, THE SPECIFIC USE PERMIT IS THE CORRECT.
WE'RE NOT REZONING IT'S A SPECIFIC USE PERMIT.
IT'S JUST FOR THE, FOR THE APPLICANT.
AND JUST AS A REMINDER FOR, YOU KNOW, ALL OF OUR SUVS NOW IS SPECIFIC TO THE PERSON.
RIGHT? SO SAME THING WE'VE DONE FOR CHURCHES.
RIGHT? IT'S IF IT'S THAT CHURCH AND THAT PASTOR THE CHURCH, IF THAT CHANGES, THEN YOU LOSE YOUR SUP PERMIT.
SO, UH, SO THIS WOULD BE JUST FOR HER RESIDENCE AND THEN LATER ON IF SHE SOLD IT AS A RESIDENCE, THAT PERSON WOULD THEN HAVE TO COME IN AND APPLY FOR SUP? IT WOULD, IT'S STILL ZONE C TWO.
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THIS A SPECIFIC USE YES.BUT IT DOESN'T CHANGE THE ZONING FRAME.
DURING OUR DISCUSSION WITH HER AND ALL, UH, I WENT OVER THE ASPECT THAT IF HER BEING A C TWO COMMERCIAL, THAT IF ANY OF THE COMPANIES ON THE OTHER SIDE OF HER FENCE DECIDED TO SELL AND BRING IN C TWO C TWO'S BUSINESS AND IT'S NOISY LOUD LOUDER THAN A RESIDENTIAL, THAT SHE WOULD HAVE TO JUST LIVE WITH IT.
THAT, THAT SHE MAY WANT TO, BEFORE SHE DOES A LOT OF IMPROVEMENTS, SHE MAY WANT TO DO SOME THINKING ABOUT THAT.
NOW, UH, THEN WE FOUND OUT THAT SHE'S ALREADY BEEN LIVING THERE FIVE YEARS.
WHICH I DON'T KNOW WHAT HAPPENED THERE, BUT, UH, THAT'S WHERE THE PICKLE COMES IN.
YOU KNOW, IT'S A C TWO AND A RESIDENTIAL AND THEN DOWN LOW.
UH, I I, FOR US, FOR ME, I WENT AHEAD AND VOTED OKAY TO BUMP IT UP TO YOU GUYS.
'CAUSE I, I DON'T KNOW IF THERE NEEDS TO BE SOME MORE DISCUSSION AT A LATER TIME OR, OR TO SEE WHAT, FOR HER AND FOR US TO PROTECT US.
'CAUSE I DON'T WANT US TO PRE UH, PRESENT A PRESIDENT'S SOMEBODY ELSE COMING OVER AND SAYING, WELL, I WANT TO BUILD A HOME RIGHT HERE ON THE GROUND FLOOR AT THIS SHOP DID IT FOR THEM.
WHY NOT FOR ME? YOU KNOW? SO, UH, WE'VE HAD SOME INCIDENTS BEFORE NOT TO TALK ABOUT, BUT THAT WE'VE BEEN TRYING TO CORRECT.
BUT, UH, AND SHE UNDERSTOOD IT.
'CAUSE I, I DIDN'T WANT HER TO GET HURT EITHER.
WE DIDN'T WANT HER TO GET HER EITHER.
BUT, UH, CAN I, I WANTED TO TALK, TELL YOU ALL THAT SO YOU'LL BE UNDERSTANDING THAT, UH, WE DID HAVE A GOOD DISCUSSION THAT DAY.
AND ALL IN FAIRNESS, IF SHE'S BEEN THERE FOR FIVE YEARS, WHAT BROUGHT THIS UP? UH, WE WHAT CHANGE OF WATER SERVICE.
SHE TRIED TO GET IT IN HER NAME.
IT WAS BROUGHT TO OUR ATTENTION THAT SHE WAS RESIDING IN THE FACILITY WHEN SHE TRIED TO GET THE WATER TRANSFERRED INTO HER NAME.
BUT IT SEEMS LIKE THE, THE BUSINESS OWNER OR THE INDIVIDUAL BEFORE KNEW IT.
BUT THOSE ARE, YOU NEVER KNOW ANSWERS.
DO I ASK FOR PERMISSION OR DO I ASK FOR TO GIVERS? THERE YOU GO.
AND THAT'S GOT US SENT TO A STANDARD OF JUST ISSUE OF VARIANCE.
WHICH MEANS OUR ORDINANCES WILL GET WEAKER EVERY TIME WE DO THAT.
NOW, WHAT'S GONNA HURT HER I ENVISION IS WHEN SHE GOES TO SELL IT, YOU KNOW, UH, AND THE NEXT OWNER, IT'S A NICE HOUSE.
SHE'S AT THAT TIME IMPROVEMENTS AND THEN SHE GOES TO SELL IT THAT NEED YIELD OWNER'S GONNA BE UP AGAINST THE WALL TOO AND TALKING TO US AGAIN.
UNLESS THEY OPERATE A BUSINESS.
BUT, UH, I GUESS THE PART THAT I'M DON'T UNDERSTAND OR, AND IN SOME SORT OF WAY, SO IS THIS BEING TAXED PROPERTY TAX WISE AS A HOMESTEAD OR COMMERCIAL? IT'S TAXED AS A HOMESTEAD APPRAISAL IN COMMERCIAL AREA.
SO THE CAN, THE, THE APPRAISAL DISTRICT REALLY DIDN'T TAKE INTO ACCOUNT WHAT OUR ZONING SAYS.
IT TAKES INTO ACCOUNT THE ACTUAL USE, WHICH IS BETTER FOR HER.
I'M ASSUMING YOU'VE DONE IMPROVEMENTS ON THE PROPERTY FOR, FOR YOUR HOME OBJECT BEFORE I MOVED IN.
BECAUSE IT USED TO BE BOY CAR LOT, SO IT WAS OFFICES, SO YEAH.
YOU KNOW, THEY DID THE BEDROOMS AND KITCHEN AND ALL THAT.
SO YOU BOUGHT IT FROM THE PERSON AND YOU BOUGHT IT WITH THE INTENTIONS OF BAKING IN A RESIDENCE.
IT DIDN'T JUST KIND OF MPROMISE THAT? NO, NO.
WHEN I BOUGHT IT, MR. ESPINOZA HAD ALREADY TURNED IT INTO A HOUSE.
SO WHEN I BOUGHT IT, IT WAS ALREADY A HOUSE.
SO THAT GETS IN BACK TO THIS WHOLE, MAKE A VARIANCE.
I BOUGHT IT THIS WAY, YOU USED IT.
NOW THE NEW OWNER IS FACED WITH A
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WHOLE NEW SETUP.I'M NOT SURE HOW LONG MR. ESPINOSA USED IT AS A HOUSE.
HOW LONG YOU'VE BEEN THERE? FIVE YEARS.
HOW LONG HAVE YOU BEEN IN THE HOME? IT'LL BE FIVE YEARS IN APRIL.
IT'S THAT VICIOUS CIRCLE COMING BACK AGAIN.
AND DO YOU KNOW HOW LONG MR. ESPINOZA RESIDED IN THE, IN THE HOME? HE BOUGHT IT IN, UH, WAS IT IN 20
SO THE WATER WAS STILL IN MR. ESPINOZA'S NAME? YES, IT WAS.
THEN WE HAVE TO LOOK AT THE INHERITANCE KIDS AND ALL, GOD FORBID, BUT, YOU KNOW, HANDED DOWN A HOUSE, ONCE AGAIN, THEY HAVE TO COME BACK TO US.
I MEAN, ONCE, ONCE IT HAS SPECIFIC USE PERMIT, THE RULES APPLY.
ONCE IT HAS A SPECIFIC USE PERMIT, THE RULES APPLY WHERE IF THE OWNERSHIP CHANGES, THE SPECIFIC USE PERMIT IS VOIDED.
THEY'LL HAVE TO START ALL OVER AGAIN.
BUT IF WE DECIDE NOT TO GIVE A SPECIFIC USE PERMIT TO THE NEW OWNERS, THEN THE ARGUMENT IS, WELL THEN WHY DID YOU DO IT TO THE OLD OWNERS? IS THAT CORRECT? OR I THINK IN THIS CASE, BECAUSE SHE'S BEEN IN A ARRESTED HERE FOR FIVE YEARS, THAT THAT WAS THE WHOLE THING IS WHAT DO YOU DO? YOU'RE BETWEEN A ROCK AND A HARD PLACE BECAUSE YOU'RE GONNA TELL HER NO AND SHE'S GOTTA LEAVE.
YOU KNOW, THAT'S KIND OF HARD TO DO TO SOMEBODY THAT'S MADE THAT INVESTMENT.
SO IIII THINK THAT PROBABLY END UP IN A LAWSUIT ANYWAY.
IF YOU WAS TO TRY TO DO SOMETHING, SOMETHING OF THAT SORT.
WELL, I MEAN, I REMEMBER WHERE THIS PROPERTY IS, IF I REMEMBER WHERE THIS PROPERTY IS, I REMEMBER MR. APLAND COMING IN AT ONE TIME AND HE WAS GOING TO TRY TO BUILD SOME ZERO LOT LINE HOUSING RIGHT.
I PRESUME THAT'S ALL COMMERCIAL THROUGH.
UH, SHE'S SURROUNDED, BOUNDED ON ALL THREE SIDES BY COMMERCIAL.
IT REVERTS BACK TO R ONE, I BELIEVE.
YEAH, THERE WAS, I KNOW, I REMEMBER MR. APLAN WAS, CAME IN AND IT WAS TALKING ABOUT BUILDING SOME ZERO LOT LINE HOUSES AND IN THERE IT HAD BEEN 15 YEARS AGO PROBABLY.
I DID BUSINESS WITH BURLINGTON THERE IN THERE.
THAT'S A TOUGH QUESTION, I GUESS, SIR, THAT'S MY QUESTION.
I GUESS ALL THAT PROPERTY, MOST OF THAT PROPERTY IN THAT AREA IS C TWO, CORRECT? YEAH.
AND THAT'S WHERE SHE'S, LIKE I SAID, SHE'S BOUNDED IN ALL THREE SIDES COMPLETELY SURROUNDED BY C TWO.
IF YOU CHANGE, WELL, I MEAN, YOU GOT THE SAME THING OUT IN ON 2 88 B OUT THERE.
YOU KNOW, WHERE YOU HAVE HOUSES THAT ARE, THAT PULL OUT ONTO THE HIGHWAY, IT PLACES NOT NECESSARILY INCLUDE, BUT IN RIDGEWOOD MM-HMM.
AND YOU GOT COMMERCIAL ON ONE SIDE AND A HOUSE ON THE OTHER SIDE.
WHERE, WHERE, WHERE DID YOU, WHERE DO YOU FIX IT? WELL, OR, OR DO YOU NOT? I MEAN, I, IT'S A HARD ONE TO DESCRIBE.
YEAH, I MEAN IT'S, IT'S VERY, VERY, A C TWO IS MORE LIBERAL THAN C ONE.
SO TRYING TO HELP HER OUT THE BEST WE CAN AND DO GOOD BY A CITIZEN AND ALL RIGHT.
AND SHE'S JUST CAUGHT UP IN THE MIDDLE OF IT.
ANY, ANY OTHER, ANYONE ELSE WILL APPEAR TO SPEAK IN FAVOR? IF NOT, WE'LL MOVE TO DOUBLE OPPOSED
AND FIRST OUT THREE LETTERS I HAVE AND I HAVE NONE.
SO THE NEXT WOULD BE TO HEAR FROM ANY ONE OPPOSED AS PRESENT.
I THINK WE KIND OF ALREADY SKIPPED A LITTLE BIT HERE.
WE'RE, WE'RE, NOW WE'RE DOWN TO THE COMMENTS FROM THE, FROM FROM THE PLANNING AND ZONING COMMISSION.
BA BASICALLY, YOU KNOW WHAT, WHAT ADRIAN WAS SAYING, UH, IF, IF SOMEBODY COME TO US, MY PERSONAL OPINION, SOMEBODY COME UP TO US AND WANTED TO DO THIS, THAT WAS NOT LIVING IN THE PROPERTY, WOULD SAY, SORRY, YOU'RE IN THE WRONG LOCATION.
BUT FIVE YEARS YOU GOTTA HAVE A HEART.
YOU JUST, YOU CAN'T, YOU KNOW, SO IT WAS, UH, IT WAS TOUGH.
BUT, YOU KNOW, WE HOPE THAT IN THE FUTURE PEOPLE GO THROUGH THE WHOLE PERMITTING PROCESS AND
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THEY LEARN ALL THE, WHAT THEY CAN AND CAN'T DO.BEFORE WE GET TO THIS SITUATION.
'CAUSE THIS IS, IN MY EIGHT YEARS DOING PLANNING IS ZONING.
THIS IS ABOUT THE FOURTH TIME WE'VE RUN INTO SOMETHING CRAZY LIKE THIS.
SO I THINK IN THE SSUP, WE NEED TO SPECIFICALLY HAVE, UH, IF, IF IT'S LEGAL OR HOWEVER IT GOES, HAVE A STATEMENT IN THERE, UH, HOW THE SITUATION IS.
IT WAS DISCUSSED ON THIS DATE AND ALL THAT STUFF.
SO THAT WAY, UH, TO KIND OF PROTECT US AND HER FOR SALES LATER ON, OR WHATEVER THE SCENARIO IS.
UH, DOES IT KEEP COMING UP THAT IT'S ALWAYS A RESIDENTIAL BUILDING IN A C TWO? BECAUSE I MEAN, THIS IS, IT'S A HOUSE.
IT'S NOT A THIS, IT'S NOT LIKE I'M GONNA LIVE IN MY WORKSHOP.
SO IT'S MY UNDERSTANDING THAT THE HOME, THE BUILDING WAS ORIGINALLY CONSTRUCTED AS A HOME.
IT CONVERTED WHEN WE ADOPTED ZONING, IT WAS IN USE AT THAT TIME AS A BUSINESS.
IT WAS, WAS ZONED TO C TWO AND THEN BECAME THE CAR LOT, I GUESS AT THAT POINT.
SO IT WAS ORIGINALLY ZONED RESIDENTIAL? WELL, ORIGINALLY IT WASN'T ZONED PERIOD.
SO WHEN THE, WHEN THE CITY ADOPTED ZONING BECAUSE OF THE USE AND BECAUSE OF THE PROXIMITY TO OTHER BUSINESSES, IT WAS ZONED C TWO, THE BOYINGTON SOLD IT TO MR. ESPINOZA, I GUESS IN 2014.
AT THAT TIME, HE CONVERTED IT INTO A RESIDENCE.
BUT THAT WASN'T PICKED UP ON BY STAFF.
AND SO THEY WERE ALLOWED TO USE IT AS A RESIDENCE.
I GUESS AT SOME POINT MR. ESPINOSA PASSED OR SOLD THE HOME TO MS. HERNANDEZ.
AND THAT'S WHEN WE CAME UPON THIS AND RECOGNIZED, HEY, WE'VE GOT A, THIS SITUATION IS THIS, IS THIS SIMILAR SITUATION TO OTHER PEOPLE THAT HAVE COME AND WANTED TO, THAT IF YOU RECALL, THE, WE GET A SPECIAL USE PERMIT FOR, TO LIVE IN A COMMERCIAL ZONE AND IT IS A RESIDENTIAL HOME.
OR THEY WANTING TO LIKE LIVE IN THEIR WORKSHOP.
I WANT TO LIVE IN MY BUSINESS THAT'S BUILT AS A COMMERCIAL BUSINESS.
IF YOU'LL RECALL, WE JUST HAD THE SUP FOR THE STORAGE FACILITY DOWN ON SHANKS WHERE THEY HAD BUILT A SUITE FOR THE MANAGER IN THE STORAGE FACILITY.
AGAIN, THAT WAS A GROUND LEVEL SITUATION.
ZONING CLEARLY STATES, IF YOU HAVE A STORAGE FACILITY, YOU CAN HAVE AN ONSITE MANAGER THAT LIVES THERE 24 7, BUT IT CAN'T BE ON THE GROUND LEVEL.
THIS IS A SIMILAR, A SIMILAR BUT DISSIMILAR SITUATION.
THIS IS, IN MY RECOLLECTION, ONLY THE SECOND TIME WE'VE HAD TO DO AN SUP FOR RESIDENTS.
WE'VE DONE CHURCHES IN COMMERCIAL ZONES, BUT I DON'T RECALL DOING ANOTHER RESIDENCE.
SO THIS IS, IT'S NOT, WELL, I, OTHER THAN THE FACT WE'VE HAD TWO, BUT, WELL, I THINK MR. R MINDY IS SAYING THAT IN HIS TIME WITH THEIR TIME ON, THEY'VE BEEN HERE LONGER THAN MY TENURE.
AND SO THEY'VE SEEN IT OTHER TIMES.
SO YEAH, WE HAD ONE, UH, ON PLANTATION YEARS BACK THAT, BUT IT WAS ABOVE, IT WAS ABOVE THE BUILDING.
IT WAS ABOVE THE ACTUAL BUSINESS.
BUT THEY HAD TO GO AHEAD AND PUT FIREWALLS IN BECAUSE THEY, THEY DIDN'T EXIST AT THE TIME, BUT THEY HAD TO, THEY HAD TO COME IN.
THEY HAD TO COME IN AND GET, I GUESS THEY HAD TO, BUT THEY DID COME IN TO GET PERMISSION.
WELL, THEY HAVE TO HAVE AN EXIT GOING FROM THE, THEIR RESIDENT GOING STRAIGHT OUTSIDE TO WHERE THEY DON'T HAVE TO GO DOWN THROUGH THE SHOP THROUGH A, A BAY OR SHOP OR WHATEVER.
AND I WOULD, I WOULD SAY, YOU KNOW, WITH THE SUP, THE EXPIRY IS WHEN SHE PASSES THE BUSINESS OR PASSES THE PROPERTY ON, UM, THE FAMILY'S ACTUALLY GAINED AN ASSET BECAUSE I THINK IT'S MORE VALUABLE TO SELLS COMMERCIAL PROPERTY THAN IS A RESIDENTIAL PROPERTY.
UM, AND AT THAT TIME, THE CITY CAN ABSOLUTELY.
TO SAY, YOU KNOW, THIS WAS A SPECIAL, IT'S A SPECIFIC USE OF THE SPECIAL PROCESS FOR A REASON.
IT'S NOT SUPPOSED TO BE A A PERMANENT FIX.
IT'S A TEMPORARY FIX FOR A SPECIFIC PROBLEM.
BUT IN FAIRNESS, THIS ISN'T THAT WHAT GOT US HERE.
THE HOUSE WAS SOLD WITHOUT HER KNOWING, WHICH MEANS THAT SHE SELLS IT AND THE BUYERS DON'T KNOW.
WELL, I WE'RE GOING THEN YOU'RE GONNA HAVE THE SAME CONSCIENCE DECISION.
WELL, TO MAKE MR. DUNCAN, AND, BUT YOU WOULD HOPE THAT THEY WOULD COME IN FOR THE WATER TO BE TURNED ON RIGHT AWAY OR TRANSFERRED WHERE THIS WAS A DIFFERENT SCENARIO BEFORE REMODEL.
I THINK MOST PEOPLE BUY THEIR HOUSE BEFORE THEY GET THE WATER TURNED ON, ON
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JUST KIND OF BRAINSTORMING.I MEAN, THERE IS POSSIBILITY OF, YOU KNOW, WE FILE THE SUP OR SOME DOCUMENT FROM THE CITY WITH THE COUNTY PROPERTY RECORDS SO THAT ANY TITLE RESEARCH, ANY, ANY BUYER THAT'LL, IT'LL TURN UP ON THE, ON THE TITLE POLICY.
IF YOU FINANCE IT AND THEY GET TITLE AND THEY'LL SAY, HEY, HERE'S A LIMITATION OF USE ON THE TITLE.
AND THEN THAT MIGHT PREVENT ANOTHER FUTURE BUYER THAT BOUGHT AND DIDN'T KNOW.
OH, LIKE A LIEN OR SOMETHING LIKE THAT.
NOT, NOT FILE IT IN THE PROPERTY RECORD, JUST COPY OF THE SUV.
BUT THERE'S A, THERE'S A LIMITATION ON THIS PROPERTY ON IN ITS USE.
AS YOU KNOW, AS BOUND BY THE CITY.
I MEAN, I'VE NEVER HEARD OF THAT BEING DONE BEFORE.
I'M JUST KIND OF MAKING THAT UP.
WELL, WHEN THE TITLE COMPANY
THAT'S THE TITLE COMPANY WILL SEARCH THE, THE PROPERTY RECORDS WITH THE COUNTY.
AND THEN, AND THEN IT WOULD TURN UP AND THEN ANY PROSPECTIVE BUYER, WHATEVER IN THE FUTURE.
THAT'S ONE OR THE NEXT ONE OR THE NEXT ONE, NEXT ONE, WHATEVER.
IT'LL ALWAYS BE ON RECORD TO SAY, HEY, THERE'S LIMITATION USE.
AND THEN THE BUYER WOULD BE ABLE TO SAY, HEY, I'M FINDING AT HIS HOUSE, I DON'T WANT THAT PROBLEM.
THAT WOULD BE ONE WAY TO, TO GIVE NOTICE TO THE FUTURE.
ANY MORE COMMENTS FROM PLAINTIFF'S ZONING? NOPE.
THINK WE COMMENT FROM MAYOR AND COUNCIL? I HAVE A QUE ONE.
I'M ASSUMING SHE'LL HAVE INSURANCE.
IS THERE ANYTHING WITH AN S AND I I PROBABLY SHOULD KNOW WITH AN SUP THAT IT, IT GETS DAMAGED.
CAN SHE REBUILD IT WITH AN SUP OR IS THERE A, IS THERE A PERCENTAGE OF, FROM AN INSURANCE STANDPOINT OR FROM A CITY STANDPOINT? NOT FROM A CITY STANDPOINT.
'CAUSE THERE ARE SOME THINGS THAT IF THEY GET TORN UP, HEAVEN FORBID YEAH.
THAT YOU'RE NOT ALLOWED TO BUILD IT BACK.
I MEAN, IF, HEAVEN FORBID IF SOMETHING HAPPENED AND YOU KNOW YOU'RE GOING TO DO IT, IS THERE IS IT'S SUP GIVE THEM THE RIGHT TO BE ABLE TO DO THAT.
YOU KNOW, IT'S, IT, I JUST HAD A CITY ATTORNEY FROM ANOTHER CITY CALLED ME YESTERDAY AND SAID THE SAME THING.
IF WE GRANT A VARIANCE BECAUSE OF THE SETBACK AND THEN THE HOUSE GETS BLOWN OVER BY A HURRICANE, CAN THEY REBUILD WITHIN THE SETBACK? OKAY.
SO THE ANSWER TO THAT WOULD BE NO.
THE VARIANCE IS GRANTED FOR THAT BUILDING, THAT CONSTRUCTION.
SO I THINK THAT, I THINK THERE'S A DISTINCTION FOR SUP IF THE HOUSE BLEW OVER WITH THE HURRICANE, THEY WOULD BE ABLE TO REBUILD ON THE SUP.
AS LONG AS SHE'S STAYING CORRECT, IT WOULD STILL HAVE TO BE OWNED BY HER.
BUT, UH, BECAUSE WE'RE GIVING IT, ALLOWING THAT USE ON THAT PROPERTY.
THEN IF THE HOUSE WAS DAMAGED OR BLOWN OVER, SHE COULD REBUILD OR REPAIR THAT IT WOULD NOT, SHE WOULD NOT LOSE THE STATUS, UH, FOR THAT SUP.
NOW, WOULD SHE HAVE PROBLEMS? WELL, INSURANCE WOULD PAY FOR THAT.
WOULD SHE HAVE PROBLEMS IF SHE HAD TO GET MONEY FROM THE BANK AND ALL BECAUSE IT'S A C TWO? I DON'T KNOW.
I I WOULD THINK WE'RE, WE'RE WE, IN A WAY WE'RE SOLVING PROBLEMS THAT, YOU KNOW, WHO KNOWS WHAT WILL HAPPEN? AND THAT'S REALLY NOT, NOT REALLY OUR CONCERN RIGHT NOW, BUT I, BUT I THINK IT GETS BACK TO, IT GETS BACK TO THAT VALUE QUESTION.
THE VALUE IS GONNA BE HIGHER IF IT'S A COMMERCIAL PROPERTY.
SO THAT THE ASSET, I WOULD THINK IS GREATER VALUE THAN IT IS AS A HOMESTEAD.
SO I THINK THE BANK PROBABLY WOULD ALLOW OKAY.
THAT VIEWING IT AS A HIGHER TITLE, I MEAN IT'S HIGHER, HIGHEST AND BEST USE.
IT'S NOW GAINED VALUE BECAUSE IT'S NOT A HOMESTEAD, IT'S A COMMERCIAL PROPERTY, WHICH IT SHOULD, IN THEORY CREATE MORE REVENUE AND BE WORTH MORE EMMA PREPARED.
IF SOMETHING HAPPENS TO HER, SHE MIGHT, SHE MIGHT WANT TO GO GET SOMETHING THAT'S NOT A HASSLE.
UH, ANY OTHER COMMENTS FROM MAYOR COUNCIL? WELL, WE'LL CLOSE DISCUSSION AND HEAR THE RECOMMENDATION FROM THE PLANNING AND THE ZONING COMMISSION.
SOMEBODY MAKE A MOTION? WE GOT A MOTION? ANYBODY ON A SECOND? I'LL SECOND IT AND THEN DAVID SECOND.
DAVID, WE HAVE A MOTION TO SECOND.
UH, WE, UH, RECOMMEND THAT COUNSEL APPROVE THIS SUP WITH, ALONG WITH WHAT MR. DUNCAN WAS SAYING, PUTTING SOMETHING IN THERE TO WHERE IT WOULD FLAG AT THE TITLE COMPANY, YOU KNOW, JUST TO PROTECT SOMEBODY IN THE FUTURE.
UH, NEXT ITEM WOULD BE CONSIDERATION OF
[00:30:01]
POSSIBLE ACTION FOR CITY COUNCIL TO APPROVE OR DENY THE RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION THAT THE SPECIFIC USE PERMIT BE GRANTED.I'LL MAKE A MOTION WE APPROVE.
SECOND, I HAVE A MOTION ABOUT COUNCIL PERSON MADDOX, IF WE APPROVE THE SPECIFIC USE PERMIT.
DO I HAVE A SECOND? COUNCILMAN LOPEZ MAKES A SECOND FURTHER DISCUSSION.
HEARING NONE, I'LL ENTERTAIN THE VOTE.
PLAINTIFF IS ONLY COMMISSION CARE TO ADJOURN.
PLANNING IS, ZONING IS ADJOURNED.
WE WILL NOW ADJOURN THE CITY PORTION OF THE PUBLIC HEARING, CITY COUNCIL PORTION OF THE PUBLIC HEARING AND MOVE INTO THE, UH, REGULAR AGENDA.
AND FIRST OUT OF THE, OF THE COMMENT, I HAVE NONE
[V. CONSENT AGENDA ]
SIGNED UP.SO WE WILL FOREGO THAT AND MOVE THROUGH THE CONSENT AGENDA.
ITEMS UNDER THE CONSENT AGENDA ARE CONSIDERED ROUTINE ARE GENERALLY ENACTED IN ONE MOTION.
EXCEPTION TO THIS RULE IS THE COUNCIL MEMBERS MAY REQUEST ONE OR MORE ITEMS BE REMOVED FROM THE CONSENT AGENDA FOR SEPARATE ACTION.
TONIGHT'S AGENDA CONSISTS OF MINUTES.
FEBRUARY 8TH, 2024 AT 7:00 PM HAVE A MOTION TO APPROVE THE SENATOR MOVED, MOVED BY COUNCIL PERSON VAUGHN SECOND BY I'LL SECOND.
ANY ODDS NEED TO BE REMOVED? ANY DISCUSSIONS HEARING DONE? I'LL ENTERTAIN A VOTE.
[VI. BUSINESS ITEMS ]
UNANIMOUS.NEXT ITEM WOULD BE BUSINESS ITEMS. AND THE FIRST ITEM IS RACIAL PROFILING REPORT PRESENTED BY POLICE CHIEF JAMES FITCH, KLU POLICE DEPARTMENT.
UH, THIS IS JUST OUR YEARLY, UH, REQUIRED REPORT THAT WE DO EVERY YEAR.
UM, WE CONTINUE TO CONTRACT IT OUT WITH, UH, DR. DALE CARMEN SO THAT WE HAVE A, A OUTSIDE SET OF EYES THAT, UH, LOOK AT OUR DATA AND, UM, HIS COMPANY HAS LOOKED AT IT AND, UH, WE'RE IN COMPLIANCE, UM, WITH THIS
AND FROM THAT, I'M JUST, IF THERE'S ANY QUESTIONS, THERE'S A LOT OF STUFF IN THERE.
THEY, EVERY TIME THE LEGISLATURE MEETS, THEY ADD MORE REQUIREMENTS FOR US TO KEEP TRACK OF STUFF.
IT'S CONTRARY TO POPULAR BELIEF.
THE POLICE DEPARTMENT IS DOING SOMETHING
KEEP IT'S KEEPING UP WITH WHAT THEY'RE DOING IS THE JOB.
I THINK YOU'RE DOING A GREAT JOB WITH RACIAL PROFILE.
YOUR QUESTION, HAS VIOLATION OF CITY ORDINANCE TOTAL? WHAT CITY ORDINANCES WOULD THE POLICE, IF, IF, ARE THEY ENFORCING OR IF IT'S A, UH, PEDLER COMPLAINT DOG AT LARGE, IF IT'S, UH, TRANSPORT, UH, TRESPASS, UH, AND THE TRESPASS DOG AT LARGE.
I, I MEAN, BECAUSE IT DOESN'T HAVE ANYTHING ON HERE.
IT JUST SAYS ZERO ON OUR SIDE.
WELL, WELL, AND THE, WELL, THE TRICK THERE IS THOUGH, FOR RACIAL PROFILING, IT'S GOT TO BE FROM A VEHICLE VIOLATION.
SO A CRIMINAL TRESPASS A DOG AT LARGE, SOMETHING LIKE THAT REALLY ISN'T GOING.
THOSE ARE CITY ORDINANCE VIOLATIONS WE MAY ADDRESS, BUT WON'T BE IN THIS REPORT BECAUSE THIS ONLY DEALS WITH, SO A STOP HAS TO OCCUR UNLESS YOU'VE GOT A DOG.
SO NOBODY WAS FOUND IN VIOLATION OF A CITY ORDINANCE AFTER BEING STOPPED
THEY DON'T MAKE HANDCUFFS FOR DOGS.
UH, YOU KNOW, I THINK PRIOR TO ME, WE USED TO DO OUR OWN AND IT'S JUST NICE TO HAVE THAT OUTSIDE.
IT, IT TAKES US OUT OF THE, THE EQUATION.
IT'S BETTER TO HAVE SOMEBODY ELSE DO IT THAN YOU DO IT YOURSELF.
IT LOOKS BETTER ON PAPER ANYWAY.
NEXT ITEM WOULD BE CONSIDERATION AND POSSIBLE ACTION TO ADOPT RESOLUTION NUMBER OH EIGHT DASH 2024.
ACCEPTING THE KENMORE MASTERS IN THE LONGFORD LLC ANNUAL FINANCIAL REPORT FOR FISCAL YEAR ENDING 9 30 20 23.
AND IT WOULD BE RESOLUTION NUMBER OH EIGHT DASH 2024.
[00:35:01]
OF CITY INCLUDE TEXAS ACCEPTING THE FISCAL YEAR 20 22, 20 23 AUDIT FINANCIAL REPORT PREPARED BY KENMORE, MASTERS AND LUNSFORD LLC.WHEREAS THE CITY IS REQUIRED BY STATE LAW VARIOUS CONTRACTS TO HAVE AN INDEPENDENT AUDIT AND FINANCIAL REPORT PREPARED ANNUALLY.
AND WHEREAS THE CITY HAS PREVIOUSLY ENGAGED THE CERTIFIED PUBLIC ACCOUNTING FIRM, KIMER, MASTERS AND LUNSFORD, L-L-C-K-M, AND L TO CONDUCT THAT AUDIT.
AND WHEREAS K KM AND L HAS COMPLETED THEIR WORK ON THE AUDIT CERTIFIED ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR 20 23, 20 20, 20 22, 20 23, WHICH ENDED ON SEPTEMBER THE 30TH, 2023.
NOW THEREFORE BE RESOLVED AS THE CITY COUNCIL OF THE CITY INCLUDE TEXAS HEREBY ACCEPTS THE FISCAL YEAR OF 20 22, 20 23, AUDIT AND CERTIFIED AN ANNUAL FINANCIAL REPORT AS PREPARED AND PRESENTED BY COUNTY MEMBER MASTERS AND LUMPER LLC.
IT WILL BE PASSED, ADOPTED THIS 22ND DAY OF FEBRUARY, 2024.
AND IT WOULD BE SIGNED BY MYSELF AS TEST BY ROSA.
WE HAVE A REPRESENTATIVE, KEN MURRAY, MASTERS HERE TO, UH, KEN MURRAY, MASTER AND LONGFORD, K, M AND L TO HIGHLIGHT THE REPORT AND THEN ANSWER ANY QUESTIONS BEFORE WE HAVE A VOTE.
AND I JUST WANNA THANK WADE AND HIS TEAM.
THIS WAS A TRANSITION YEAR FOR, FOR THEM.
UH, AS YOU KNOW, IN THE PREVIOUS YEARS WE'VE HAD, UH,
UH, HE'S DONE A GREAT JOB OF COMING IN AND TAKING OVER AND HE HAD TO DEAL WITH INTERNAL, UH, BECAUSE HE DEALT AT THE START OF THE AUDIT WITH CHRIS AND THEN THE HANDOFF TO COREY.
SO, UH, THEY'VE DONE A GREAT JOB OF MANAGING THAT AND WE REALLY DO APPRECIATE IT.
GOOD EVENING, WADE WHITLOW PARTNERED WITH KAY
UM, AS CJ WAS SAYING, WE, WE HAD A SUCCESSFUL AUDIT THIS YEAR.
UH, WITH IT BEING A TRANSITION YEAR, LIKE CJ MENTIONED, UH, THERE'S, THERE'S A LOT OF WORK THAT GOES IN, UM, AT MY LEVEL TO MAKE SURE I UNDERSTAND FULLY WHAT THE CITY'S DOING, THE CONTROLS THAT ARE IN PLACE.
AND WE HAVE A GREAT GROUP OF STAFF THAT, THAT I WORK WITH THAT, UM, WE'RE ABLE TO GET ME UP TO SPEED PRETTY QUICKLY.
AND, UH, NOT ONLY THEIR, UH, DUE DILIGENCE AND WORK, BUT ALSO THE CITIES ALLOWS US TO, TO BE HERE AT THIS MEETING TO WRAP EVERYTHING UP.
SO, UH, BIG THANK YOU TO EVERYONE WITHIN THE CITY FOR ALLOWING US TO GET THIS DONE AND, UH, UH, EFFICIENT AND, UH, TIMELY MANNER.
WITHIN THIS REPORT WE'RE ISSUING, UH, WE HAVE THREE LETTERS THAT WE'RE ISSUING.
UH, THE FIRST LETTER, UH, IS OUR INDEPENDENT AUDITOR'S REPORT.
AND THIS IS OUR OPINION ON THE FINANCIAL STATEMENTS.
SO WE'RE ISSUING AN UNMODIFIED OPINION.
SO THAT'S A CLEAN OPINION THAT LETS THE READERS AND THE FINANCIAL STATEMENTS KNOW THAT WHAT THEY READ SUBSEQUENT TO THAT LETTER IS MATERIALLY AND FACTUALLY CORRECT.
THE TWO OTHER LETTERS ARE INCLUDED IN THE BACK OF THE AUDIT.
ONE IS A LETTER ADDRESSED, UH, TO THE MAYOR AND CITY COUNCIL.
AND THIS IS A COMMUNICATION THAT'S REQUIRED, UH, FOR EXTERNAL AUDITORS TO ISSUE, UH, TO COMMUNICATE ANY SIGNIFICANT AUDIT MATTERS THAT COULD HAVE OCCURRED.
UH, IF WE HAD ANY DISAGREEMENTS WITH MANAGEMENT, UH, IF WE HAVE DIFFICULTIES ENCOUNTERED PERFORMING THE AUDIT, UH, AND THERE'S OTHER ITEMS LISTED IN THERE, WE WOULD DISCLOSE THOSE WITHIN THAT LETTER.
I'M HAPPY TO REPORT THAT THERE'S NOTHING IN THAT LETTER THAT WE NEED TO COMMUNICATE TO CITY COUNCIL THAT WHERE WE HAD ANY ISSUES PERFORMING OUR AUDIT SERVICES.
THE THIRD REQUIRED LETTER IS OUR REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING.
SO WHAT WE DO AS AUDITORS, TO GIVE YOU A LITTLE, UH, BACKDROP ON THIS LETTER THAT WE'RE ISSUING, WE COME IN AND WE EVALUATE THE CONTROL ENVIRONMENT FOR THE CITY.
UH, WE PERFORM TRANSACTIONAL TESTING, UH, TO UNDERSTAND THAT CONTROL ENVIRONMENT.
AND ALONG THAT WAY, IF, IF WE IDENTIFY ANY DEFICIENCIES IN INTERNAL CONTROL, WE REPORT THOSE WITHIN THAT LETTER.
UH, WE DON'T ISSUE AN OPINION ON THE EFFECTIVENESS OF THE CONTROLS, JUST IF THERE ARE ANY DEFICIENCIES IDENTIFIED.
UM, HAPPY TO REPORT THAT WE DID NOT IDENTIFY ANY DEFICIENCIES THAT ROSE TO THE LEVEL THAT NEEDED TO BE INCLUDED WITHIN THAT LETTER.
FOR THE FINANCIAL STATEMENTS THEMSELVES, WE DID NOT HAVE ANY, UH, ANY NEW ACCOUNTING STANDARDS COME OUT THIS YEAR THAT WOULD ALTER OR AFFECT THE PRESENTATION OF THE FINANCIAL STATEMENTS THROUGHOUT THE ENTIRE REPORT.
WE HAD A NEW ONE LAST YEAR RELATED TO LEASES.
UH, THIS WAS THE SECOND YEAR OF THAT IMPLEMENTATION.
SO ANY, ANY COMPARATIVE FIGURES IN HERE IS COMPARATIVE
[00:40:01]
FROM YEAR TO YEAR.SO WE DID NOT HAVE ANYTHING NEW THIS YEAR RELATED TO THAT.
FROM A, FROM A FUND BALANCE STANDPOINT, THE CITY, THE CITY'S IN GOOD FINANCIAL POSITION.
UH, OVERALL, THERE'S SOME FINANCIAL INDICATORS IN THE MANAGEMENT'S DISCUSSION ANALYSIS THAT RELATES THE FUND BALANCE FOR THE GENERAL FUND COMPARATIVELY TO THE TOTAL EXPENDITURES FOR THIS YEAR.
NOW, FOR THIS YEAR, THAT NUMBER'S GONNA BE A LITTLE BIT SKEWED FROM PAST YEARS BECAUSE OF THE PAYOFF OF ONE OF THE, UH, DEBT, UH, THE CHAPTER THREE 80 AGREEMENTS THAT WERE IN PLACE.
SO IT LOOKS LIKE THAT RATIO'S IN A POINT OF CONCERN, BUT IT'S REALLY JUST AN OUTLIER WITHIN THIS YEAR.
UH, WHEN YOU, WHEN YOU FACTOR THAT OUT OF THAT INDICATOR, THE CI, IT MOVES THE CITY BACK IN A PLACE WHERE Y'ALL HAVE ADEQUATE RESERVES TO MEET ANY UNANTICIPATED, UH, THINGS THAT MAY ARISE.
UH, I'M NOT GONNA GO THROUGH THIS WHOLE REPORT, SO
NOW, A LOT OF THE, THE NOTE DISCLOSURES THAT ARE IN THERE, UH, EVERYTHING THAT'S, THAT WE'RE REQUIRED TO DISCLOSE IN THE FINANCIAL STATEMENTS.
UM, I'LL SAY IF, IF YOU'RE EVER HAVING A TOUGH TIME GOING TO BED TO START READING SOME OF THOSE
UM, BUT THIS IS A GOOD REPORT.
UH, THE PRODUCT THAT, UH, THAT THE CITY PUT OUT THERE, UH, THAT THAT FLOWS INTO THIS REPORT THAT WE'RE WE'RE ISSUING IS A, IS A GOOD REPORT.
UH, WITH THAT, UH, ONE MORE THING I FORGOT TO MENTION.
UH, LAST YEAR WE HAD A COMPLIANCE AUDIT, UM, DUE TO THE AMOUNT OF FEDERAL FUNDS THAT WERE RECEIVED AND SPENT, NOT JUST RECEIVED BUT SPENT, WE WERE ANTICIPATING HAVING TO CONDUCT, UH, WHAT WE REFER TO AS A SINGLE AUDIT, WHICH IS A COMPLIANCE AUDIT ALONGSIDE THE FINANCIAL STATEMENT AUDIT.
ONCE WE CAME OUT AND AUDITED THOSE FIGURES, WE MADE A DETERMINATION THAT, THAT THAT WAS NOT REQUIRED THIS YEAR.
SO, UH, THERE WAS NOT A FEDERAL SINGLE AUDIT COMPLETED THIS YEAR DUE TO THERE, THERE WAS NO NEED TO HAVE THEM DONE.
NOW IN ACCORDANCE WITH SOME OF OUR AUDITING STANDARDS, WE STILL LOOK AT THE GRANT AGREEMENTS AND ENSURE THAT, UH, THE PROVISIONS OF LAWS AND REGULATIONS ARE BEING FOLLOWED.
WE JUST DID NOT DO A FULL BLOWN, UH, COMPLIANCE, UH, REQUIRED BY, UH, THE UNIFORM GUIDANCE.
SO WE DO ANTICIPATE THAT HAPPENING THIS YEAR, UH, FOR FISCAL YEAR 24.
UH, THERE'S STILL SOME, UH, ARPA MONEY SITTING OUT THERE THAT WOULD PUSH THE CITY OVER THAT THRESHOLD THAT'S CURRENTLY IN PLACE THAT WOULD REQUIRE AUDIT.
SO, UH, WE'RE ANTICIPATING THAT, UH, INTO THE FUTURE AND DON'T WANT TO JUMP AHEAD TO THE NEXT AGENDA ITEM.
BUT, UM, IF Y'ALL HAVE ANY QUESTIONS RELATED TO THAT, I'D BE HAPPY TO DISCUSS THOSE, UH, WITH Y'ALL.
UH, AS FAR AS OUR ENGAGEMENT ESTIMATE GOES FOR THE 2023 AUDIT, I SPOKE TO CJ ABOUT THIS AT OUR EXIT MEETING LAST WEEK.
UH, THE ENGAGEMENT ESTIMATE THAT WE HAD IN THERE FOR OUR FEE, UH, THAT'S NOT WHAT WE'RE GONNA CHARGE BECAUSE WE HAD A STEP DOWN OF SERVICES FROM WHAT WE WERE ANTICIPATING.
SO, SO THAT FEE'S DIFFERENT, UH, OR WHAT WE'RE ACTUALLY GONNA INVOICE IS DIFFERENT FROM WHAT WE WERE ESTIMATING.
SO I WANTED TO MAKE SURE THAT, UH, COUNSEL
AND I, I WOULD ALSO EXPLAIN TO COUNSEL, UH, WE HAD OUR, WE'VE GOT OUTSTANDING ARPA MONEY TO WITHDRAW DOWN.
WE ALSO HAVE A, UH, THE HAZMAT, WE'VE GOT THREE FEDERAL GRANTS THAT ARE, WE HAD HOPED TO BE STARTED ON, THAT WE HAVEN'T AND THAT WE HOPE TO START THIS YEAR.
UM, SO I WOULD EXPECT THAT WE'LL HAVE SINGLE AUDITS FOR THE NEXT TWO YEARS, WOULD BE MY EXPECTATION.
AND JUST TO MAKE YOU AWARE THAT THAT'S PROBABLY GONNA BE THE CASE.
ANY QUESTIONS OR COMMENTS IN REGARDS TO RESOLUTION NUMBER OH EIGHT DASH 2024? I WOULD ENTERTAIN A MOTION TO APPROVE.
AND I'LL SECOND MOTION MADE BY COUNCIL PER V SECONDED BY COUNCIL PERSON.
NEXT ITEM WOULD BE CONSIDERATION AND POSSIBLE
[00:45:01]
ACTION TO ADOPT.RESOLUTION NUMBER OH NINE DASH 2024 AUTHORIZED THE MAYOR TO SIGN AN ENGAGEMENT LETTER WITH KIMBERLY MASTERS LONGFORD, LLC TO AUDIT THE FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDING SEPTEMBER THE 30TH, 2024.
IT WOULD BE RESOLUTION NUMBER OH NINE DASH 2024.
RESOLUTION OF THE CITY COUNCIL OF CITY OF CL TEXAS APPROVED THE ENGAGEMENT LETTER AND AUTHORIZING THE MAYOR'S EXECUTION OF SAID LETTER RETAINING KIMBERLY MASTERS OFFORD, LLC FOR THE PURPOSE OF COMPLETING THE CITY'S FISCAL YEAR OF 2023.
2024 FISCAL AUDIT, THE CERTIFIED AND ANNUAL FINANCIAL REPORT.
WHEREAS THE CITY IS REQUIRED BY, REQUIRED BY LAW AND VARIOUS CONTRACTS TO HAVE AN INDEPENDENT AUDIT AND FINANCIAL REPORT PREPARED ANNUALLY.
AND WHEREAS THE CITY IS PREVIOUSLY ENGAGED IN A CERTIFIED PUBLIC ACCOUNTING FIRM, ER, MASTERS IN LONGFORD, KLLC, KM, AND L TO CONDUCT ED AUDIT.
AND WHEREAS KM AND L HAS PROVIDED EXCELLENT PROFESSIONAL SERVICE TO THE CITY PREVIOUSLY, AND WHEREAS KM AND L HAS PROVIDED THE ATTACHED LETTER OF ENGAGEMENT FOR THE PROVISION OF AUDIT SERVICES IN THE NEXT NEXT FISCAL YEAR.
NOW THEREFORE BE RESOLVED AT THE CITY COUNCIL, CITY OF CL TEXAS HEREBY APPROVES THE LETTER OF ENGAGEMENT FOR OUR AUDIT CERTIFIED AN ANNUAL FINANCIAL PREPARATION SERVICES BY KENMORE MASTERS IN LONGFORD, LLC.
FURTHER, THAT THE MAYORS AUTHORIZED TO EXECUTE SAID LETTER PROPOSED AND ADOPTED THIS PAST UNADOPTED THIS 22ND DAY OF FEBRUARY, 2024, APPROVED BY MYSELF AND ATTESTED BY ROSA UPON THE CITY CLERK.
AND WE, THEY JUST TOUCHED ON BRIEFLY ON THIS EARLIER, UH, IT'S, WE'VE BEEN SIGNING AND APPROV THESE FOR SEVERAL YEARS.
AND AGAIN, I WANNA THANK WADE AND HIS TEAM FOR THEIR WORK.
SO RETAIN A MOTION TO APPROVE RESOLUTION OH NINE DASH 2024.
SECOND BY I'LL SECOND COUNCIL LOPEZ DISCUSSION AGAIN, GUYS HAVE DONE AN EXCELLENT JOB FOR US OVER THE YEARS.
I KNOW, I, I CAN REMEMBER ONE YEAR IN PARTICULAR, IT WAS REALLY TOUGH ON Y'ALL.
IT WAS BEFORE YOUR TIME I THINK, BUT Y'ALL EARNED YOUR MONEY THAT YEAR.
NEXT ITEM WOULD BE CONSIDERATION THAT POSSIBLE ACCIDENT TO ADOPT RESOLUTION NUMBER 10 DASH 2024 SUPPORTING THE PROJECT FOR THE BRAD SUPPORT WATER SUPPLY CORPORATION RESERVOIR UPDATE AND RESOLUTION.
AND I'M NOT GONNA READ THIS WHOLE THING, I'M JUST GONNA READ THE CAPTION AND IT'S RESOLUTION NUMBER 10 DASH 24 RESOLUTION EXPRESSION SUPPORT FOR THE BRAD SUPPORT WATER SUPPLY CORPORATION RESERVOIR PROJECT THAT CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT.
WE HAVE WITNESS TONIGHT AND REPRESENTATIVES, UH, OUR CURRENT REPRESENTATIVE.
HI RE, I'M AMY CONDEN, YOUR, UH, BOARD REPRESENTATIVE FOR BROAD WATER AUTHORITY.
UM, WE ARE HERE TONIGHT TO REQUEST YOUR SUPPORT FOR THE, UH, WATER SUPPLY CORPORATION RESERVOIR PROJECT.
UM, WE HAVE THE PROJECT EXPERTS OF THIS TONIGHT.
WE HAVE RONNIE WOODRUFF, THE VWA GENERAL MANAGER, AND TIM FINLEY WITH THE DOW CHEMICAL COMPANY.
THIS IS COUNCIL MEMBER, STAFF AND CITIZENS.
UH, IT'S ALWAYS A PLEASURE TO BE HERE.
WE WERE HERE ABOUT NINE MONTHS AGO AND DISCUSSED THIS PROJECT.
SOME THINGS HAVE CHANGED SINCE THEN.
UH, CURRENTLY BWA, THE INDUSTRIAL USE OF THE AREA, WE HAVE ABOUT TWO MONTHS WORTH OF STORAGE IN THE, UH, EXISTING TWO RESERVOIRS TOTAL, UH, THE STATE OF TEXAS AND DOW.
AND THEY'RE MONITORING STUDIES NOW RECOMMENDED.
WE HAVE SIX MONTHS, UH, COVERS AVOID DROUGHT, UH, CONDITIONS DOWN HERE, CURTAIL OUR WATER IN 2022.
UM, BWA WAS, UH, 1960 WATER PERMITS TAIL FOR FIVE MONTHS.
IT WOULDN'T HAVE BEEN FOR DOW SHORT TERM CONTRACT WATER.
WE WOULD'VE HAD TO STOP PUMPING
[00:50:02]
THIS RESERVOIR WE'RE BUILDING WILL TAKE US, UH, GIVE US ROUGHLY SIX MONTHS WORTH OF STORAGE THERE WITH LOCAL RAINFALL, RAINFALL AREA SOUTH OF VILLE AND OFF AND WATER COMING DOWN.WE'LL BE ABLE TO S WATER OFF THE, OFF THE, SOMETHING LIKE WHAT HAPPENED IN THE LAST COUPLE OF WEEKS.
WE HAD ALL DOWN THE RIVER WE COULD REFILL WATER IN DROUGHT PERIODS.
UH, A VERY IMPORTANT THING TO US, IF WE DON'T DO THIS, IT WOULD, IT COULD REALLY CAUSE SIGNIFICANT IMPACT.
TIM COMES OVER DOWN HERE IN A SECOND AND TALK ABOUT THE SUPPLY, BUT, UM, IT WOULD NOT ONLY AFFECT US THE BWA, THE CITY, BUT THE LOCAL INDUSTRY, THE LOCAL ECONOMY WILL SUFFER BECAUSE ONCE THESE PLANTS START SHUTTING DOWN, IT TAKES A WHILE TO GET 'EM BACK UP.
AND IT'S GONNA BE A RIPPLE THROUGH NOT ONLY OUR ECONOMY HERE, BUT THE ENTIRE STATE OF TEXAS IN SOME CASES OUT INTO THE US.
THESE CHEMICALS HERE GO ALL OVER THE UNITED STATES, ACTUALLY ALL OVER THE WORLD.
IT'S EXPENSIVE THAT WE TALKED ABOUT NINE MONTHS AGO, BUT UM, IT'S SOMETHING THAT'S NEEDED.
IT REALLY NEEDED IN THIS AREA, NEEDED FOR STATE, UH, CHEMICAL.
YEAH, AND A LOT OF THIS RECAPS, KIND OF WHAT WE TALKED ABOUT LAST TIME HERE, REALLY THE CHART THAT'S UP THERE KIND OF AS A, A WORK PRODUCT WITH SOME MODELING THAT REALLY SHOWS THAT, YOU KNOW, THE BRAZOS, EVEN THOUGH DOW YOU KNOW, DOW HAS WATER RIGHTS THAT ARE A LITTLE BIT SENIOR YET TO B WS, BUT EVEN DOW'S WATER RIGHTS AREN'T RELIABLE.
WHEN WE GOT OUR WATER RIGHTS, THERE'S ABOUT 800,000 ACRE FOOT AHEAD AND ROUGHLY 6% OF THE MONTHS, YOU KNOW, THERE'S NOT WATER IN THE RIVER TO SUPPLY THEM.
HISTORICALLY WE HAD LONG TERM CONTRACTS WITH BRA, BUT SOME OF THOSE KIND OF GOT LEVERAGED AWAY.
AND SO KIND OF FROM ROUGHLY 1994 WHERE WE KIND OF MOVED TO RELYING ON SHORTER AND SHORTER DURATION STORAGE CONTRACTS, WHICH WE KNOW NOW ARE WELL GONNA EVENTUALLY NOT KIND OF MEET OUR NEED.
AND SO WE'VE BEEN WORKING ON THIS PROJECT REALLY SINCE SOMETIME AROUND 2005 OR SO.
UH, 2000 11, 9 11, WE KIND OF HAD THE DROUGHTS THAT REALLY MOTIVATED US TO GET THE LAND.
UH, WE'VE BEEN WORKING ON PERMITTING.
UM, ONE OF THE GREAT PIECES OF THE STORY IS, UH, AS OF NOVEMBER LAST YEAR, WE HAVE OUR CORE PERMITS.
WE ACTUALLY HAVE THE FLOODPLAIN PERMITS THAT WE NEED.
AND SO WE ARE NOW, YOU KNOW, QUEUED UP WELL TO MOVE THIS PROJECT FORWARD.
UM, IT IS A GREAT PROJECT IN MY MIND FROM BOTH THE DIAL AND BWA PERSPECTIVE.
UM, WE BOTH HAVE ROUGHLY THE SAME NEEDS.
UM, 15% OF THE WATER SUPPORTS BWA IN ALL THE LOCAL CITIES.
85% WILL SUPPORT DIAL AND THE INDUSTRIAL USERS.
AND THERE'S ROUGHLY OR SO 20 OR, UH, INDUSTRIAL USERS THAT ARE SUPPORTED ON THE DIAL SIDE OF THIS.
UM, WHEN WE DO THE RESERVOIR, UM, WHAT WE DO IS WE FILL IN KIND OF THOSE GAPS THAT THE RIVER DOESN'T PROVIDE.
UH, SHOW INCOME BY THE MEDIUM BLUE IN THE CHART ON THE UPPER LEFT HAND CORNER.
UH, IT'S ROUGHLY THREE SQUARE MILES A LEVY, THAT'S SOMETHING ON THE ORDER OF ABOUT 32 FOOT TALL WITH A FOUR FOOT WAVE WALL ON TOP OF IT.
SO, UH, FOUR MONTHS WORTH OF WATER IN THE NEW RESERVOIR.
UH, THERE'S ONLY TWO MONTHS IN EXISTING BRAZO AND HARRIS, SO IT GIVES YOU A SCALE OF THINGS.
UM, THE PROJECT TAKES LOCAL WATER SUPPLY, SURFACE WATER SUPPLY UP 99.8% RELIABLE.
AND YOU KNOW, AT THAT POINT ALL THINGS THAT WE CAN DO CAN KIND OF COVER THE, THE MARGIN, UH, A LOT EASIER.
SCHEDULE WISE, WE'RE PROGRESSING WELL.
WE'VE GOT PERMITTING, UM, PRETTY MUCH IN ORDER.
WE'RE STILL WORKING THROUGH KIND OF TCEQ DAM SAFETY STUFF, BUT THEY'VE REVIEWED ALL OUR DESIGN REPORTS AND KIND OF HAVE GIVEN US A LETTER OF SUPPORT OUT AHEAD OF FILE STAMP DRAWINGS.
UM, WE PUT IN A BRIDGE, A BRIDGED, UH, SWIFT FUND APPLICATION.
WE'RE PROGRESSING TOWARDS A FULL APPLICATION IN MAY WITH AN EXPECTATION THAT IF THAT ALL PROCEEDS, UM, WE WILL BE FULLY FUNDED WITH THE LENDING THAT WILL WILL HAPPEN IN AUGUST AND BE INTO CONSTRUCTION SOMETIME IN AROUND OF THE YEAR.
UM, WE'RE LOOKING FOR YOUR SUPPORT TO KIND OF KEEP MOVING FORWARD.
UM, UM, IT'S GOOD, GOOD FOR THE CITIES, GOOD FOR GOOD FOR DOW, GOOD FOR, YOU KNOW, KIND OF ALL THE ECONOMIC INTERESTS AROUND THE TOWN AS IT SHOWS ON HERE.
WE'RE EXPECTING THE PROJECT TO BE FINISHED AROUND MAY OF 2028 AND HAVE WATER IN THE RESERVOIR, UH, AROUND SEPTEMBER OF 2028.
UH, THAT'S THE GOAL AND WE'RE, WE REALLY THINK WE CAN HIT THAT GOAL, UM, OR A HURRICANE HARVEY OR SOMETHING OF THAT NATURE.
BUT, UH, WE WILL MOVE, WE'LL STAY ON IT.
UH, WE'VE HIRED A PROJECT MANAGER OFF ALREADY.
BRIAN HERE, HE'S OUR PROJECT MANAGER.
[00:55:01]
HE'S GOT, HE'S RETIRED.HE'S A RETIRED ENGINEER FROM DOW.
HE'S HANDLED HUGE PROJECTS ALL OVER THE GLOBE AND, UH, BRIAN FEELS CONFIDENT GET THIS THING RUNNING AND GET HOPEFULLY UNDER, SO THAT'S OUR GOAL.
THAT WAS ABOUT, WHAT, 25 MILES UP THE RIVER FROM, FROM, FROM THE BRAZORIA RESERVOIR.
SO YOU GOT A LOT MORE FRESH WATER UP THAT WAY THAN YOU DO AT YEAH, SO, SO THE, THE NEW RESERVOIRS BASICALLY IMMEDIATELY NORTH OF EXISTING HARRIS.
SO RIVER MILES FROM ABOUT RIVER MILE 45 BRAZORIA IS AT SOMETHING LIKE RIVER MILE 25.
SO ABOUT 20 MILES, RIVER WISE, ABOUT 20, 25 MILES.
I GO FISHING UP THERE PRETTY REGULARLY AND IT IS A PLACE, IT TAKES A LOT OF EXCESS FLOW TO GET FRESH WATER AT BRAZORIA AT HARRIS.
WE NEED JUST A LITTLE BIT MORE TO WHAT WE PUMP TO, TO ACTUALLY HAVE FRESH WATER AT THAT LOCATION.
WHEN WE FIRST CAME HERE IN 2020, WE TOOK THIS PROJECT WOULD BE ABOUT A DOLLAR 30 IN DEBT SERVICE.
WE HAVE NO CONTROL OVER THAT CURRENT PRICE.
IF WE HAD TO GO, WE WERE GETTING MONEY, TODAY WOULD BE 31.
AND THAT'S DRIVEN BY INTEREST.
WE'RE HOPING TO SEE INTEREST RATES COME DOWN A LITTLE BIT BEFORE WE ACTUALLY DRAW, TAKE A DRAW.
WE'RE TAKING THE MONEY IN FOURTH, FOURTH STAGES RIGHT NOW.
UH, SO WE'LL DRAW THE FIRST ONE, UH, CULTURALLY IN, UH, AROUND DECEMBER.
UM, AND THEN WE'LL A YEAR FROM THERE WE'LL DRAW SOME MORE.
SO WHEN WE GET TOWARDS THE END OF THE PROJECT, IF WE DON'T NEED ALL THE MONEY, WE WON'T TAKE THAT MONEY, WHICH WILL HELP BRING THE PRICE DOWN.
AND THAT'S ONE, KEEPING THAT PRICE DOWN.
SO THESE NUMBERS COULD STILL DROP AND THAT'S WHAT WE'RE HOPING FOR, BUT WE'RE, WE ARE GIVING YOU, WE'RE GIVING YOU BASED WHAT WE FEEL IS REALLY A WORST CASE SCENARIO.
I DON'T WANT COME IN HERE AND TELL YOU WE'RE GONNA FOR 10 I 31.
I KIND OF LIKE LIVING IN COUNTY
YEAH, I'LL SAY THE, THE OVERALL KIND OF ENGINEERING ESTIMATE, THE PROJECT'S QUITE WELL DEVELOPED.
UM, THERE WAS A PROJECT OVER KIND OF NORTH OF, UH, BAY CITY.
YEAH, THAT WAS KIND OF A WORKING EXAMPLE TO BE HONEST.
THEY HAD A LITTLE BIT OF ISSUE, KIND OF DROVE US TO DO EXTRA WORK, UH, MAKE SURE WE GOT THOSE THINGS KIND OF TAKEN CARE OF.
UM, YOU KNOW, THERE, THERE'S RISK INVOLVED BUT, YOU KNOW, FEEL LIKE WE'VE GOT A GOOD ENGINEERING STRUCTURE KIND OF PUT TOGETHER BOTH ON THE DOW SIDE AND ON BWA AND SIDE.
AND, UM, WE'VE GOT A COUPLE OF EXPERT CONSULTANTS KIND OF WORKING WITH US.
SO, AND BY ALL ACCOUNTS THEY FEEL PRETTY GOOD ABOUT HOW WE'RE PROGRESSING AND, UM, UM, HOPEFULLY YOU GUYS CAN APPRECIATE THE IMPORTANCE OF IT AND, UH, LOOKING FOR YOUR SUPPORT.
AND Y'ALL WERE VERY SUPPORTIVE OF THIS IN MAY.
AND BASICALLY WE CAME BACK BECAUSE WHEN WE PUT THIS, UH, WE PUT THE FULL APPLICATION IN, WE'D LIKE TO HAVE THESE RESOLUTIONS FROM ALL THE MEMBER CITIES GO, GO IN WITH IT.
IT, IT CARRIES SOME WEIGHT WHEN IT HITS OFF.
AND THAT'S THE REASON WE'RE HERE Y'ALL TONIGHT.
AND WE DO PLAN ON COMING BACK ABOUT A YEAR FROM NOW AND TELL YOU WHERE WE'RE AT PROGRESS WISE AND WE'RE GONNA DO THAT THROUGHOUT THE PROJECT.
SO Y'ALL HELP DETERMINE WHAT'S HAPPENING.
ALRIGHT, I GOT A TECHNICAL QUESTION.
Y'ALL MAY NOT BE ABLE TO ANSWER IT, BUT ON THE SWIFT FUNDING, ARE YOU ABLE TO REPACKAGE THAT DEBT AND THEN RESELL IT OR RE UH, REFINANCE IT AT A LATER TIME? AT A LATER TIME? YES SIR.
OKAY, SO IT'S NOT BEHOLDEN, YOU'RE NOT BEHOLDEN TO THE STATE.
NO, IT DOESN'T HAVE TO BE THE WHOLE TIME.
IT COULD BE RE IT COULD BE LIKE MOST OF THE SWIFT FUND.
OH YEAH, THAT WOULD, THAT SIDE WAS MY QUESTION.
WAS THIS FIVE 10? WHAT WAS THE CALL? SO 10 YEARS.
I THINK THAT THAT IS IN ON SWIFT.
MOTION TO APPROVE RESOLUTION NUMBER 10 DASH 24 I MOTION MAY DR.
ANY DISCUSSION? WE'RE GOING TO NEED IT.
ANY DUCKS OUT THERE? HEARING NONE? I TAKE VOTE.
NEXT OUT WILL BE CONSIDERATION AND POSSIBLE ACTION TO ADOPT ORDINANCE NUMBER 2024 DASH SIX FOR USE PERMIT FOR A GROUND RESIDENCE AT FIVE 30 SOUTH HIGHWAY 2 88 AND IT WOULD BE ORDINANCE NUMBER 2024 DASH OH OH SIX.
ORDINANCE OF THE CITY OF MISSOURI COUNTY, TEXAS CONTAIN THE FINDINGS AND FACTS INCLUDE THE LAW, THE COMPREHENSIVE ZONING ORDINANCE, CITY, CITY TO OF LAW
[01:00:01]
2 89 B 1 2 89 B TWO OUT OF TRACTOR 2 89 IN DIVISION 14 OF THE BRAS COAST INVESTMENT COMPANY, SUBDIVISION OF THE A CAL LEAGUE ABSTRACT 49 IN BRAZO COUNTY, TEXAS.AND WITHIN THE CORPORATE LIMITS OF SAID CITY, KNOWN LOCALLY AS FIVE 30 SOUTH HIGHWAY 2 88 B.
AND ALLOWING FOR USE OF SAID PROPERTY BY OWNER OLIVIA HERNANDEZ AS A LOCATION FOR RESIDENTIAL USE.
PROVIDED THAT SAID, SPECIFIC USE PERMIT SHALL NOT BE TRANSFERABLE.
CONTAINING NEIGHBOR PUTLER CLAUSE IN THE EVENT OF PARTIAL INVALIDITY AND PROVIDING TO THIS ORDINANCE SHALL TAKE EFFECT AND BE ENFORCED 10 DAYS AFTER ITS PASSES AND APPROVAL AND PREPARE TO MAKE A MOTION TO APPROVE ORDINANCE NUMBER 2024 DASH OH OH SIX.
MOTION MOTION MADE BY COUNCIL PERSON.
MADDOX, DO I HAVE A SECOND? I'LL SECOND.
COUNCILMAN LOPEZ MAKES A SECOND DISCUSSION.
HEARING NONE ALL ENTERTAIN A VOTE.
NEXT ITEM WOULD BE CONSIDERATION OF POSSIBLE ACTS TO ADOPT ORDINANCE NUMBER 2024 DASH OH SEVEN CANCELING ALL NON-TESTED RACES IN THE MAY 24TH GENERAL ELECTION AND IT WOULD BE ORDINANCE NUMBER 2024 DASH OH OH SEVEN.
AN ORDINANCE OF THE CITY OF FLUTE TEXAS CONTAINING A PREAMBLE CONTAINING FINDINGS OF FACTS.
COUNSELING ELECTIONS OF SPECIFIC POSITIONS ON THE MAY 4TH, 2024 ANNUAL GENERAL ELECTION OF OFFICERS FOR MAYOR POSITIONS IN THE CITY COUNCIL OF SAID CITY TOWARDS A C AND E IN DECLARING EACH OPPONENT UNOPPOSED CANADA OF ELECTED TO THE PERSPECTIVE RESPECTIVE OFFICE SOUGHT BY SUCH UNPOSED CANDIDATE PROVIDED THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES PROVIDED A SEVERABILITY CLAUSE AND PROVIDED IN FOR AN EFFECTIVE DATE OF THIS ORDINANCE.
HAVE A MOTION TO APPROVE ORDINANCE 2024 DASH OH OH SEVEN.
SO MOVE BY COUNCIL PERSON BOND SECOND BY I WILL SECOND COUNCIL PERSON.
HEARING NONE, I'LL ENTERTAIN A VOTE.
[VII. NOTICE/ANNOUNCEMENT OF UPCOMING EVENTS AND MEETINGS ]
NEXT ITEM WILL BE NOTICE OF ANNOUNCEMENTS OF UPCOMING EVENTS AND MEETINGS.UH, A REMINDER THAT EARLY VOTING IS GOING ON RIGHT NOW AND THAT THE PRIMARY ELECTION IS TUESDAY, MARCH 5TH, 2024.
INCLUDE EVENT CENTER 7:00 AM TO 7:00 PM REGULAR COUNCIL MEETING THURSDAY, MARCH 14TH, 2024 AT 7:00 PM REGULAR COUNCIL MEETING.
THURSDAY, MARCH 28TH, 2024 AT 7:00 PM UH, THIS IS NOT TO SAY THAT WE'RE NOT GONNA HAVE AN ELECTION IN MAY CORRECT, ROSIE? 'CAUSE WE STILL HAVE TO, WE STILL HAVE TO OPEN THE, THE FOLEY PLACE FOR THE YES.
SCHOOL BOARD AND THE OTHER THAT CORRECT THE FOING PLACE.
EVERYTHING WILL BE THE SAME EXCEPT NONE OF YOU WILL BE ON THAT.
YEAH, IT'S NEXT ITEM WILL BE ADJOURN.
COUNCILMAN CHRIS? DO I HAVE A SECOND? SECOND.