[CALL TO ORDER] [00:00:05] ALL RIGHT. I'M GOING TO START OUR MEETING AT 5:33 AND WE'LL START OFF WITH OUR WORKSHOP. OH, YES. LET'S DO A MOMENT. LET'S DO A MOMENT OF SILENCE. AND, BRETT, WOULD YOU THEN WOULD LIKE TO LEAD US IN THE PLEDGE WITH APPROPRIATE TIME? I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND THE REPUBLIC FOR WHICH IT AND ONE NATION, UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL. ALL RIGHT. THANK YOU, EVERYBODY. ALL RIGHT. THE ITEM ON TONIGHT'S WORKSHOP IS REGARDING A POTENTIAL FUNDING APPLICATION [DISCUSSION LED BY DECATUR EDC REGARDING PACE (PROPERTY ASSESSED CLEAN ENERGY) PROGRAM.] FOR FUTURE DEVELOPERS. AND KEVIN AND THE REPRESENTATIVE OF PACE ARE GOING TO BE HERE TO GIVE YOU A SHORT PRESENTATION. WE JUST WANTED TO GET THIS IN FRONT OF YOU BEFORE WE BROUGHT IT BACK FOR OFFICIAL ACTION. SO, KEVIN, IT'S ALL YOURS. YES, SIR. THANK YOU, BRETT. GOOD EVENING, MAYOR AND COUNCIL. REALLY QUICKLY. I'M NOT GOING TO TAKE UP A LOT OF TIME. I JUST WANT TO REALLY GIVE YOU A HIGH LEVEL VIEW OF THE PROGRAM, WHAT IT MEANS, WHY I'M PRESENTING THIS PROGRAM TO YOU TONIGHT, AND THEN INTRODUCE YOU TO THE EXPERTS THAT WILL GIVE YOU A LITTLE BIT MORE IN-DEPTH PRESENTATION AND BE ABLE TO ANSWER ANY DETAILED QUESTIONS THAT YOU HAVE ABOUT THE PROGRAM. SO PACE PROGRAM TO US, AT THE END OF THE DAY, IT'S ANOTHER TOOL IN THE TOOLBOX FOR DECATUR. FROM AN ECONOMIC DEVELOPMENT STANDPOINT, THIS IS NOT A TOOL THAT THE EDC NECESSARILY WILL GO OUT AND APPLY TO SPECIFIC PROJECTS. BUT IT IS A PROGRAM THAT WE CAN MARKET, THAT WE CAN LET DEVELOPERS, COMPANIES KNOW, AND EXISTING PROPERTY OWNERS EVEN KNOW THAT IT'S AVAILABLE HERE IN DECATUR, TEXAS. IT'S SOMETHING THAT SHOWS THAT WE'RE A BUSINESS FRIENDLY COMMUNITY, AND IT'S A PROGRAM THAT HAS BEEN ADOPTED IN A LOT OF CITIES AND COUNTIES AROUND THE STATE. THERE'S REALLY ONLY A COUPLE OF ADMINISTRATORS FOR THIS PROGRAM ACROSS THE STATE, ONE OF THEM BEING LONE STAR PACE GROUP. AND THAT'S WHO WE HAVE HERE TONIGHT. THAT'S WHO HAS APPROACHED THE CITY OF DECATUR ABOUT ADOPTING THE PACE PROGRAM AND PUTTING IT INTO PLACE. A COUPLE OF JUST KEY THINGS FROM OUR STANDPOINT ARE THAT THIS IS A NO COST PROGRAM TO THE CITY OF DECATUR. THESE ARE THESE ARE PRIVATE DOLLARS GOING INTO PRIVATE PROJECTS. SO FROM AN ECONOMIC DEVELOPMENT STANDPOINT, THAT'S AS GOOD AS IT GETS. AS I MENTIONED, MANY CITIES AND COUNTIES AROUND TEXAS HAVE ADOPTED THE PROGRAM. AND I'M GOING TO GO AHEAD AND INTRODUCE A COUPLE OF GUYS FROM LONE STAR PACE. I THINK THEY'VE GOT A PRESENTATION READY FOR YOU ALL AND THEY'RE AVAILABLE TO ANSWER QUESTIONS AS WELL. SO WE'VE GOT HERE TONIGHT THE CEO AND A PROGRAM ADMINISTRATOR AT CEO OF LONE STAR PACE IS GLENN SILVA, AND THEN THE PROGRAM ADMINISTRATOR IS RYAN MCCORMICK. SO, GUYS, I'LL TURN IT OVER TO YOU ALL. THANK YOU, KEVIN. SIR? KEVIN. SIR? WELL, GOOD EVENING, MAYOR AND COUNCIL, I SHOULD SAY HOWDY; RIGHT? I COME FROM A SMALL TEXAS TOWN, SO I FEEL REALLY COMFORTABLE BEING. BEING HERE. SO WE'RE HERE TO TALK ABOUT PACE, AND THAT'S AN ACRONYM FOR PROPERTY ASSESSED CLEAN ENERGY. AND I JUST WANT TO BE SORT OF INFORMAL IN THAT WE CAN BE AS HIGH LEVEL OR WE CAN GET DOWN THE WEEDS ON THIS. BUT WE HAVE A PRESENTATION THAT I THINK THAT IT WILL GIVE YOU A GOOD SENSE OF THE ACTUAL PROGRAM, AND THEN WE CAN GO FROM THERE. AND PLEASE, IF YOU HAVE A QUESTION, DON'T HESITATE TO INTERRUPT. IT'S ALL GOOD. ALL RIGHT. SO A LITTLE BIT ABOUT OURSELVES. I THINK KEVIN MENTIONED THAT WE'RE ONE OF TWO ADMINISTRATORS IN STATE OF TEXAS. WE'RE BASICALLY YOUR ARMS AND LEGS IF YOU CHOOSE TO ADOPT THIS PROGRAM. BASICALLY, WE DO THE HEAVY LIFTING, WE DO THE FILING OF THE ASSESSMENTS, ET CETERA, BUT YOU DON'T HAVE TO WORRY ABOUT I THINK KEVIN MENTIONED THAT IT'S AT NO COST TO THE CITY. YOU DON'T HAVE TO STAFF UP. WE DO THAT. SO ONE OF THE THINGS THAT WE TOUT IS THAT WE'RE A REGISTERED MUNICIPAL ADVISOR. WHAT DOES THAT MEAN? WELL, WE'RE OVERSEEN BY GROUPS LIKE THE SEC. WE NEED TO MAKE SURE THAT WE'RE DOING OUR JOB EVEN BETTER THAN OUR COMPETITOR, BECAUSE THAT'S WHAT WE HAVE TO DO. WE HAVE TO DOT THOSE I'S AND CROSS THOSE T'S. RIGHT THERE ON THE SLIDE, YOU CAN SEE WHERE WE'RE ACTUALLY IN THE STATE OF TEXAS WITH THE FOLLOWING CITIES AND COUNTIES THAT HAVE BROUGHT US ON BOARD. AND I'D LIKE TO TELL YOU THAT IT'S SO REFRESHING TO BE ABLE TO SPEAK TO INDIVIDUALS LIKE [00:05:07] YOURSELF AND SPREAD THE WORD ABOUT THIS PROGRAM, BECAUSE AS FAR AS WE'RE CONCERNED, IT IS. I THINK KEVIN MENTIONED IT. IT PROMOTES ECONOMIC DEVELOPMENT WHILE ADDING SUSTAINABILITY TO THE OVERALL DEVELOPMENTS. ALL RIGHT. AGAIN, WHAT IS PACE? IT'S A VERY SIMPLE AND EFFICIENT TOOL TO FINANCE ANY TYPE OF WATER SAVING OR ENERGY SAVING COMPONENT ON THE COMMERCIAL REAL ESTATE PROJECT. NOW, I STRESS COMMERCIAL REAL ESTATE BECAUSE THROUGHOUT THE COUNTRY THERE ARE PROGRAMS THAT HAVE ADOPTED BOTH RESIDENTIAL AND COMMERCIAL IN THE STATE OF TEXAS. IT'S STRICTLY COMMERCIAL. SO I JUST WANT TO MAKE SURE YOU ALL WERE AWARE OF THAT. REGARDING MULTIFAMILY DEVELOPMENTS, IT HAS TO BE FIVE UNITS OR MORE IN ORDER TO QUALIFY. SO ONE OF THE THINGS THAT WE WE SHOW, IT'S RAPIDLY TAKING STEAM ACROSS TEXAS. WE HAVE OVER 60 SEASON COUNTIES THAT HAVE ADOPTED THE PROGRAM IN TERMS OF PESOS ACTUALLY ENACTED IN 2013 AND BECAME WORKABLE IN 2015. SO WE'VE BEEN AROUND ABOUT SEVEN YEARS AND IT'S REALLY, IT'S A PROGRAM THAT IT'S VOLUNTARY. I'D LIKE TO MAKE SURE EVERYBODY UNDERSTANDS THAT WHEN YOU ADOPT THIS PROGRAM, IT'S VOLUNTARY FOR THE PROPERTY OWNERS THAT WANT TO USE IT. IT, YOU KNOW, ONCE IT'S ADOPTED, THEY CAN CHOOSE OR THEY CAN CHOOSE NOT TO USE PACE. ONE OF THE GREATEST THINGS THAT I THINK THAT, ESPECIALLY IN TODAY'S TIME, WE SEE A LOT OF PEOPLE MOVING FROM OTHER PARTS OF THE COUNTRY INTO OUR GREAT STATE. AND WHAT I TELL PEOPLE IS THEY'RE NOT BRINGING THEIR ENERGY OR WATER WITH THEM. SO WITH PACE, I THINK THIS IS AN EXCELLENT TOOL TO WHERE WE'RE BEING SMARTER WITH OUR RESOURCES THAT WE DO HAVE AND WE CAN USE THEM MORE WISELY. ANOTHER GREAT THING IS. THE TERM THE REASON WHY PACE LENDERS USE THIS PROGRAM OR ACTUALLY FINANCE DO THE FINANCING OF THE PROGRAM IS THAT THEIR SECURITY INTEREST IS IN THE REAL ESTATE AND NOT ON THESE ASSETS. EXCUSE ME. ALL RIGHT. THE BENEFITS, YOU CAN SEE THOSE THERE, THEY'RE SIGNIFICANT IN THAT. AGAIN, IT'S A PROGRAM THAT PROMOTES SUSTAINABILITY. SO YOU'RE GOING TO SAVE ON ELECTRICITY, WATER. IT PROVIDES LONG TERM FUNDING. MANY TIMES IT PROVIDES UP TO 100% OF THE FINANCING. SO WE HAVE A SLIDE IN MINUTE THAT SHOWS THE DIFFERENCE BETWEEN THE TYPICAL BANK LOAN VERSUS PACE. ONE OF THE THINGS WE TELL THE PROPERTY OWNERS AROUND THE CITY, IT'S A NON-RECOURSE. THEY LOVE THAT. THEY ALSO LOVE THAT IT DOESN'T BECOME ACCELERATED. IT CAN ACTUALLY BE TRANSFERRED TO THE NEXT PROPERTY OWNER IF THEY BUY THAT PROPERTY WITH A PACE ASSESSMENT. ALL RIGHT. I TELL PEOPLE IF IT'S COMMERCIAL REAL ESTATE AND IT'S PRIVATE IN NATURE, YOU CAN USE PACE ON THOSE PROPERTIES. BASICALLY THE FOUR FOOD GROUPS RETAIL, INDUSTRIAL OFFICE, MULTIFAMILY YOU CAN ALSO USE IT ON HOTELS, SENIOR HOUSING, SELF-STORAGE. AGAIN, IF IT'S COMMERCIAL IN NATURE, YOU CAN USE IT. ALL RIGHT, SO WHAT TYPE OF WHAT TYPE OF QUALIFYING IMPROVEMENTS? I LIKE TO TELL PEOPLE THERE'S THREE BUCKETS. THERE'S YOUR ENERGY, WHICH IS LIKE FOR HVAC, LED LIGHTING, COOL ROOFS, AND THEN YOU HAVE THE WATER SAVING BUCKET, WHICH INVOLVES LOW FLOW FIXTURES, TOILETS, ANYTHING. AGAIN, CONSERVING ELECTRICITY, WATER. AND THEN THE LAST ONE IS RENEWABLE. AND TYPICALLY WE HAVE SEEN IN FACT LAST YEAR WE HAD A PROPERTY THAT USED SOLAR ON THEIR HOTEL. THEY ADDED A SOLAR COMPONENT. ANYTHING YOU WANT TO ADD? [00:10:02] YEAH, GO AHEAD, MAN. JUST TO REFRAME WHAT PACE IS, IT'S GOOD TO HEAR IT FROM A COUPLE OF DIFFERENT ANGLES. PACE ESSENTIALLY IS VERY ATTRACTIVE FINANCING FOR COMMERCIAL PROPERTIES. AND THE REASON THAT THEY'RE DOING THIS IS BECAUSE THESE CAPITAL PROVIDERS PUT A LIEN ON THE PROPERTY THAT HAS THE SAME STATUS AS AD VALOREM TAXES. NOW, AS YOU KNOW, IF YOU PAY YOUR MORTGAGE BUT NOT YOUR PROPERTY TAXES, WHAT HAPPENS? FORECLOSURE. SO THIS ESSENTIALLY THIS LIEN ON THE PROPERTY ALLOWS THESE PROPERTY OWNERS TO HAVE ACCESS TO WHAT IS ESSENTIALLY INVESTMENT GRADE CREDIT. NOW, IN TEXAS, WE HAVE, WE LIKE TO HAVE MORE CARROTS THAN STICKS WHEN IT COMES TO ENERGY EFFICIENCY. WHY? WELL, NO ONE WANTS TO BE FORCED TO DO ANYTHING THEY DON'T WANT TO DO. BUT PACE IS SPECIFICALLY VERY ATTRACTIVE CAPITAL FOR PROPERTY OWNERS DOING THINGS THAT THEY WERE LIKELY GOING TO DO ANYWAY IN AN ACQUISITION REHAB. THEY'RE GOING TO GO AHEAD AND TAKE THAT BUILDING AND THEY'RE GOING TO GO AHEAD AND CHANGE THE FAUCETS. THEY'RE GOING TO CHANGE THE LIGHTING. THEY'RE GOING TO LIKELY CHANGE THE WINDOW. THEY MAY NEED A ROOF. THEY'RE LIKELY GOING TO HAVE LED OR NOT LED HVAC THAT NEEDS UPDATING. ALL THIS DEFERRED MAINTENANCE ON THE PROPERTY IS GOING TO SAVE UTILITIES ANYWAY. SO WE SAY, HEY, YOU'RE DOING THE RIGHT THING, LET'S GO AHEAD AND MAKE SURE WE REWARD IT. SO PACE IS MORE OF THE CARROT FOR ECONOMIC DEVELOPMENT THAN THE STICK, WHICH WOULD BE PEOPLE GET UP IN ARMS ABOUT IT. BUT RAISING CODE; RIGHT? YOU RAISE CODE, PROPERTY OWNERS DON'T LIKE THAT. IT COSTS MORE TO MAKE THE BUILDING. PACE IS MORE OF THE CARROT. YOU DO THE RIGHT THING, YOU MAKE SOMETHING THAT'S BETTER THAN CODE. WE'RE GOING TO GIVE YOU ESSENTIALLY, WHICH IS ACCESS TO INVESTMENT GRADE CREDIT. IT IS IMPORTANT TO FRAME THAT PACE AS A PUBLIC PRIVATE PARTNERSHIP. IT'S PRIVATE DOLLARS FROM PRIVATE LENDERS INTO PRIVATE PROJECTS. THE PUBLIC PART IS WHAT WE DO ON YOUR BEHALF. IF WE ARE CHOSEN AS YOUR AUTHORIZED REPRESENTATIVE, WE PUT THE LEAN ON THE PROPERTY THAT GETS ENFORCED IN THE EVENT OF DEFAULT; RIGHT? WE MAKE SURE THAT THERE ISN'T MUCH HEADACHE FROM YOU. WE'RE GOING TO GO OUT AND PROMOTE THE PROGRAM. WE'RE GOING TO MAKE SURE THAT PROPERTY OWNERS KNOW THAT IT'S AVAILABLE. AND WHY DO PROPERTY OWNERS LOVE PACE? WELL, GLEN MENTIONED THERE'S A NUMBER OF REASONS WHY. ONE OF THEM IS, WELL, YOU HAVE TERMS WHEN YOU HAVE A LEAN ON THIS PROPERTY, THESE BANKS ARE WILLING TO LEND OUT INSTEAD OF 5 TO 10 YEARS. THEY'RE GOING 15, 20, 25 YEAR TERMS. THAT'S VERY ATTRACTIVE. AS YOU KNOW, LONGER TERM EQUALS LOWER PAYMENT. THEY'RE ALSO HAVING, IT'S ALSO NON-RECOURSE. BEING NON-RECOURSE IS VERY ATTRACTIVE TO THESE PROPERTY OWNERS. A LOT OF PEOPLE WANT TO INVEST IN THEIR BUILDING. THE CHALLENGE IS IF THEY INVEST IN THEIR BUILDING AND THEY SELL IT BEFORE THOSE RESULTS ARE REALIZED; RIGHT? IF I WANT TO PUT A BETTER HVAC, BUT THE PAYOFF IS SEVEN YEARS. WELL, WHAT IF I WANT TO BE MOBILE AND SELL IN THREE YEARS? WELL, THEN I JUST SOLD IT AT A LOSS. IT DOESN'T WORK FOR ME SINCE PACE BEING UNDERWRITTEN TO THE PROPERTY INSTEAD OF THE PROPERTY OWNER MAKES IT VERY ATTRACTIVE FOR THESE PROPERTY OWNERS TO INVEST IN THINGS THAT THEY OTHERWISE WOULDN'T. AND EVEN IF THEY HAD ACCESS TO MONEY TO DO THESE THINGS, A LOT OF TIMES THEY HAVE A BETTER INTERNAL RATE OF RETURN BY GOING AND INVESTING IN OTHER ASPECTS OF THEIR BUSINESS. SO ONCE AGAIN, PACE IS MORE OF THE CARROT THAN THE STICK WHEN IT COMES TO ECONOMIC DEVELOPMENT THAT INCLUDES ENERGY EFFICIENCY. THANKS, RYAN. OKAY. I LOVE THIS SLIDE BECAUSE MY BACKGROUND IS COMMERCIAL REAL ESTATE AND FINANCE. SO WE WERE TALKING ABOUT THE BENEFITS OF PACE. ON THE TOP CHART, YOU SEE A CONVENTIONAL LOAN. ON A CONVENTIONAL BANK LOAN, YOU'RE GOING TO HAVE TO HAVE, OUT OF THE CHUTE, YOU'RE GOING TO HAVE TO HAVE A DOWN PAYMENT. SO THAT'S ONE OF THE THE DRAWBACKS THERE. THEN YOU HAVE YOUR TERM OF SEVEN YEARS THAT YOU'RE PAYING OUT THAT LOAN BACK. IT'S NOT EVEN IN THIS EXAMPLE BETWEEN YEARS, 11 AND 12 TO EVEN BREAK EVEN. NOW, LET'S LOOK AT PACE. ONE OF THE FIRST THINGS YOU SEE IS IT'S 100% FINANCED. THERE'S NO OUT-OF-POCKET EXPENSE. OWNERS LOVE THAT. AND ALSO BECAUSE YOU'RE INCORPORATING THESE ENERGY SAVING COMPONENTS, YOUR UTILITIES COSTS ARE GOING DOWN, WHICH OFFSETS THE COST OF THE PACE ASSESSMENT. SO BASICALLY YOUR CASH FLOW POSITIVE FROM DAY ONE. OUR ROLE, BASICALLY, AGAIN, I MENTIONED TO YOU, WE'RE THE ARMS AND LEGS. WE DO ALL THE HEAVY LIFTING. YOU DON'T HAVE TO WORRY ABOUT A THING. WE DO THE FILING OF THE ASSESSMENT. WE MAKE SURE THAT IT RUNS AS SMOOTH AS SILK FOR YOU GUYS. ALL RIGHT, THAT'S IT. I THINK WE GAVE YOU ABOUT 10 MINUTES FOR A Q&A BECAUSE, PLEASE ASK SOME QUESTIONS BECAUSE WE WANT TO MAKE SURE YOU UNDERSTAND THIS PROGRAM, BECAUSE IT IS, IN OUR WORLD, WE THINK IT'S A WIN-WIN FOR EVERYONE INVOLVED. [00:15:08] SO FROM EVERYTHING YOU SAID, THERE'S NO COST TO THE CITY. THAT'S CORRECT. AND IT'S GOING TO MAKE KEVIN'S JOB EASIER TO HOPEFULLY BRING PEOPLE IN TO EXISTING BUILDINGS. SO I'M ASSUMING SO, LIKE IF SOMEBODY'S BUILDING A NEW COMPLEX, THIS ALSO GOES INTO THAT AT THE SAME TIME? WELL, THERE ARE SOME THE REQUIREMENTS OF THE PACE PROGRAM. IT WAS DESIGNED FOR EXISTING PROPERTY. NOW, THE STATUTE SAYS IT HAS TO BE A DEVELOPED LOT. NOW THAT MEANS IT CAN HAVE VERTICAL STRUCTURES ON IT RIGHT NOW OR HAS HAD IN THE PAST VERTICAL STRUCTURES. IF THAT'S THE CASE, IT WILL QUALIFY. OKAY. YES, SIR. THAT'S ODD. SO IT'S KIND OF ABOUT REDEVELOPING WHAT'S ALREADY HERE? YES, SIR. ALL RIGHT. WHAT'S THE TIME FRAME ON THE VERTICAL STRUCTURES IN TERMS OF LONG BETWEEN? SO IF YOU, IF SOMEBODY COMES OUT AND BUYS A LOT THAT HAD A STRUCTURE ON IT PREVIOUSLY. RIGHT. WHAT'S THE TIME FRAME BETWEEN BEING ABLE TO QUALIFY THAT AS A RENTAL VERSUS A NEW CONSTRUCTION? OKAY. IF IT'S BEEN ON THE CAD, THEN THAT AS IMPROVED. YEAH, THAT'S. SO, UNFORTUNATELY, WE WEREN'T AROUND IN 2013 WHEN STATUES WERE WRITTEN AND THERE IS AN AMBIGUOUS TERMS THAT SAID PACE CANNOT BE USED FOR FACILITIES FOR UNDEVELOPED LOTS OR LOTS GOING THROUGH DEVELOPMENT. THAT TERM FACILITIES IS THE IMPORTANT TERM. WE'VE HAD LEGAL COUNSEL LOOK AT IT, GIVE AN OPINION FACILITIES MEANS PUBLIC SIDE. WE HAVE A COMPETITOR AND THE COMPETITOR SAYS WE NEED VERTICAL STRUCTURES, WE NEED THIS AND THAT. OUR MUNICIPAL CLIENTS, THEY'RE ALLOWED TO CHOOSE ON HOW MUCH ECONOMIC DEVELOPMENT THEY WANT. ON THE MOST CONSERVATIVE SIDE, YOU HAVE IMPROVED BY THE CAD AND A VERTICAL STRUCTURE; RIGHT? AND OR VERTICAL STRUCTURE. THOSE WOULD BE QUALIFYING. THERE IS A HUGE RANGE THAT WE CAN GO THROUGH. WE EVEN WENT TO HARRIS COUNTY. WE HAVE HARRIS COUNTY AS A CLIENT OF OURS AND WE SAID, HERE'S YOUR OPTIONS. AND THEY CAME BACK AND THEY SAID, WE DON'T LIKE ANY OF THOSE. AS YOU KNOW, HARRIS COUNTY, KIND OF THE WILD, WILD WEST, NO ZONING. THEY JUST DO WHATEVER THEY WANT. THEY HAD A DEFINITION OF UNDEVELOPED LOT OR A DEVELOPED LOT BASED UPON THEIR FEMA FLOOD PLAN. ANYTHING THAT COULD BE GRADED HAD A SHOVEL, MOVE DIRT, WHATEVER. THAT'S WHAT THEY WANTED TO USE. THAT WAS MORE AGGRESSIVE THAN ANYTHING THAT WE'VE SEEN. BUT AS FAR AS NEW CONSTRUCTION GOES, UNTIL WE GET THAT CLEARED UP, IT IS A LITTLE BIT OF A GRAY AREA. WE CAN GO THE MOST CONSERVATIVE ROUTE, WHICH IS GOING TO BE IMPROVED ON THE CAD VERTICAL STRUCTURE, PARKING LOT, GRADING, LIGHTING, ANYTHING LIKE THAT. OR WE CAN LOOK AT OTHER OPTIONS. YOU GUYS CAN CROSS THAT BRIDGE WHENEVER YOU'RE READY TO, I'M MORE THAN HAPPY TO GIVE YOU, YOU KNOW, LEGAL OPINIONS BASED UPON EACH OF THOSE SCENARIOS AND HOW YOU SO CHOOSE TO PROCEED. WE ARE YOUR CLIENT AS A REGISTERED MUNICIPAL ADVISORY FIRM. OUR LOYALTY IS PRIMARILY TO OUR MUNICIPAL CLIENTS AND THAT IS YOU ALL. SO WHATEVER YOU CHOOSE, THAT'S OUR MARCHING ORDERS. THAT'S WHAT, YOU KNOW, KEVIN WILL BE ABLE TO WORK WITH AND PRESENT TO THE PROGRAM FOR ECONOMIC DEVELOPMENT. BUT THOSE ARE SOME SOME OPTIONS. JUST SO YOU GUYS ALL ARE AWARE, I WOULD ALSO ASSUME THAT WHERE IT SAYS IMPROVEMENTS, WHERE YOU'RE TALKING ABOUT SOLAR PANELS, THOSE ARE PURCHASES, NOT LEASES. CORRECT? YEAH. OKAY. AND IT HAS TO BE ON, ATTACHED TO THE. PERMANENTLY AFFECTS. WE HAVE HAD SEVERAL CALLS FROM INDIVIDUALS THAT ARE GOING TO INSTALL A SOLAR FARM THROUGHOUT TEXAS. THEY SAY I'M BUYING 45 ACRES. I'M GOING TO PUT ALL SOLAR THAT WILL NOT QUALIFY BECAUSE IT'S NOT AFFIXED, PERMANENTLY AFFIXED TO A BUILDING OR STRUCTURE. SO WHAT IF SOMEBODY HAS SOLAR PANELS CURRENTLY BUT THEY'RE OUTDATED OR THEY NEED TO BE REPLACED? WILL THAT QUALIFY? IF THEY'RE GOING TO GO AHEAD AND DO A NEW WHOLE ARRAY? YES. WE ALSO HAVE A LOOKBACK PERIOD OF TWO YEARS, ESSENTIALLY A RECAPTURE PERIOD. SO WE DON'T WANT ANYONE TO BE PUNISHED BY NOT KNOWING ABOUT THE PROGRAM AND FINDING OUT THAT THEY TIED UP CAPITAL, ESPECIALLY WITH WHAT WE WENT THROUGH WITH COVID AND A LOT OF CASH FLOW WAS HURT. SO THAT RECAPTURE WAS REALLY IMPORTANT TO SOME PROPERTY OWNERS. AND THE INTENT IS THAT IT GOES ABOVE AND BEYOND CODE OR SHOWS A DEMONSTRABLE REDUCTION IN UTILITY CONSUMPTION, WHETHER THAT BE WATER OR ELECTRIC. SO IT'S NOT THAT WE'RE TRYING TO MAKE THEM JUMP THROUGH A CRAZY HIGH HOOP, BUT WE WANT TO MAKE SURE THAT THEY DON'T BUILD A BUILDING JUST TO CODE. THEY GO ABOVE AND BEYOND THAT AND BUILD A BETTER BUILDING THAT'S GOING TO BE BETTER FOR THE, YOU KNOW, FOR THE LOCALS. CAN YOU ALL BEAT THIS ONE MORE TIME? SO WHAT IF? THEY'RE IN A SITUATION WHERE THEY HAVE, THEY ARE RENTING, AT THE TIME, AND IT'S ONLY A PARTIAL ROOF AND THEY DECIDE THEY WANT TO COME IN AND THEY WANT TO COMPLETE THE ENTIRE ROOF. WOULD IT KICK IN AND BUY OUT THE LEASE? [00:20:03] LIKE LIKELY, NO. AND THE REASON IS, WE LIKE TO HAVE NEW EQUIPMENT. THE WAY THAT WE MAKE SURE THAT THIS IS GOING TO BE GOOD AND HEALTHY IS WE ESSENTIALLY HAVE THE MATURITY DATE OF THE PACE ASSESSMENT SET BY THE WEIGHTED AVERAGE OF THE EQUIPMENT INSTALL. WE DON'T WANT TO HAVE A SITUATION WHERE WE'RE SAYING SOMEONE'S MAKING PAYMENTS 20 YEARS DOWN THE ROAD AND THE EQUIPMENT IS NOT FUNCTIONAL. SO THAT'S WHY WE'RE GOING TO USE NEW EQUIPMENT; RIGHT? PACE CAN ONLY BE DONE WITH PROPERTY OWNERS WHO OWN THE LAND. RIGHT. IF YOU'RE LEASING IT, YOU CAN TALK TO YOUR PROPERTY OWNER. PACE MAY SOLVE THE SPLIT INCENTIVE OF A PROPERTY OWNER NOT WANTING TO INVEST IN THE HVAC. THAT'S EFFICIENT BECAUSE THEY DON'T PAY THE UTILITIES. THE UTILITIES ARE PASSED ON TO WHOEVER'S LEASING THE BUILDING. BUT IF YOU CAN SAY, HEY, I'M GOING TO STRUCTURE MY LEASE AGREEMENT WITH THE TRIPLE NET WITH A PASS THROUGH THAT INCLUDES THAT BASE ASSESSMENT. THEY CAN GET THAT ALL NEW EQUIPMENT, THAT SHINY HVAC THAT THEY WANT THAT'S GOING TO LOWER THEIR UTILITIES. AND THEY CAN SAY, IN MY LEASE AGREEMENT, I'M GOING TO GO AHEAD AND ASSUME THIS TO WHOEVER RENTS OUT THE BUILDING. IT'S VERY FLEXIBLE. IT'S VERY UNIQUE. I KNOW WE'RE COMING UP ON TIME, BUT, YOU KNOW, MORE QUESTIONS THAT I ANSWER YOUR QUESTION. GOOD. OTHER QUESTIONS OR COMMENTS. NO, THANK YOU. THANK YOU. WELL, WE HOPE YOU CONSIDER BRINGING THIS ON. WE REALLY LOVE WORKING WITH CITIES AND COUNTIES THROUGHOUT THIS STATE. AND AGAIN, IT PROMOTES SUSTAINABILITY, WHICH WE'RE VERY NEAR AND DEAR TO OUR HEARTS AS WELL. KEVIN, DID YOU HAVE ANYTHING THAT YOU WANTED TO ADD OR OTHER COMMENT? THAT'S A JOKE. SO. YEAH, EXACTLY. SO THE ONLY THING THAT I WOULD KIND OF ADD EMPHASIS ON IS THE THE WATER USAGE. I THINK WE'VE EXPRESSED TO YOU GUYS AND YOU ALL KNOW THE IMPORTANCE OF MAXIMIZING OUR RESOURCES IN THE CITY, ESPECIALLY WATER AND WASTEWATER. THAT'S A HUGE BENEFIT FROM THIS PROGRAM. AND THEN ALSO SOME OF THE OLDER PROPERTIES IN TOWN, YOU KNOW, IMPROVEMENTS, ANYTHING TO INCENTIVIZE IMPROVEMENTS, ESPECIALLY IF IT'S AT NO COST TO THE CITY, PUTS MORE MONEY ON THE TAX ROLLS TO HELP FUND THE CITY'S GROWTH. SO THOSE ARE THE TWO POINTS I WOULD EMPHASIZE. I THINK THEY DID A GOOD JOB OF COVERING THE REST. AND THEN YOU GUYS ASKED SOME GOOD QUESTIONS AS WELL. THAT'S REALLY ALL I WOULD ADD. THANK YOU VERY MUCH. I JUST WANTED TO ASK, I KNOW DENTON COUNTY HAS ADOPTED YOUR PROGRAM. IS THERE ANY OTHER METROPLEX COUNTIES THAT HAVE ADOPTED IT? MOST RECENTLY WE HAVE BROUGHT ON DALLAS COUNTY. WE'RE ON THE FINAL STAGES OF THEM APPROVING THE DOCUMENTS, BUT THEY HAVE BROUGHT US OURSELVES AND OUR COMPETITOR ON AS ADMINISTRATORS. SO THEY'RE MOVING FORWARD WITH THE PROGRAM. AND THERE'S NO PREPAYMENT PENALTY ON THIS ONE EITHER, IS THERE? UH, GO AHEAD. THESE CAN ALL BE NEGOTIATED WITH THE PRIVATE CAPITAL PROVIDERS. I'VE SEEN NONE. I'VE SEEN SOMETIMES AS A PREPAYMENT PENALTY, THAT STEPS DOWN UP TO THREE YEARS OR FIVE YEARS. BUT ONCE AGAIN, PRIVATE MONEY INTO PRIVATE PROJECTS. JUST LIKE IF YOU WERE GOING TO GO TO GET A BANK LOAN, YOU CAN TALK TO FIVE DIFFERENT BANKS AND FIND OUT WHICH ONE. AND AS LONG AS YOU SAY, HEY, THIS IS IMPORTANT TO ME THAT I DON'T WANT TO PREPAYMENT PENALTY, THAT MAY AFFECT THE RATE, BUT YOU WILL LIKELY GET THAT. THE THING ABOUT PACE IS ONCE AGAIN, IT IS UNDERWRITTEN TO THE BUILDING AND NOT THE PROPERTY OWNER. SO IT BEING NON-RECOURSE TRULY MEANS THAT THEY CAN SELL THAT PROPERTY AND THAT ASSESSMENT IS NOT ACCELERATED. JUST LIKE IF YOU SELL YOUR PROPERTY RIGHT NOW, ALL THE FUTURE PROPERTY TAXES DON'T COME DUE, IT JUST PASSES ALONG. SO THERE MAY BE A PREPAYMENT PENALTY WRITTEN INTO THERE. THAT WOULD BE A CHOICE OF THE PROPERTY OWNER, BUT LIKELY IT DOES NOT MATTER BECAUSE THESE ASSESSMENTS TYPICALLY CASH FLOW AND THEY WANT TO KEEP IT OUT STANDING INSTEAD OF PAYING IT OFF UPON THE EVENT OF SALE, BECAUSE IT IS VERY ATTRACTIVE FINANCING FOR THE TERMS THAT ARE AVAILABLE. MAKES SENSE. ANY OTHER QUESTIONS OR COMMENTS? ALL RIGHT. WELL, THANK YOU VERY MUCH. APPRECIATE IT. IF YOU'LL LET US KNOW IF YOU'D LIKE US TO PROCEED, AND THEN WE'LL START WORKING ON THE ACTUAL PAPERWORK TO BRING BACK FOR YOU TO CONSIDER. AND IF. I DON'T SEE A REASON WHY WE WOULDN'T MOVE FORWARD. LOOKS LIKE TO ME, TO BOIL IT ALL DOWN, IT'S A WAY TO REINVIGORATE EXISTING BUILDINGS [00:25:06] AROUND TOWN AT A VERY, HOPEFULLY A VERY ATTRACTIVE RATE AND MIGHT SPUR A LITTLE MORE OF THAT TYPE OF ACTIVITY. I THINK IT COULD DO WONDERS FOR OUR SQUARE. COULD WE, IF WE'RE THROUGH, COULD I HAVE JUST A COUPLE OF MINUTES THAT'S DRIVING ME CRAZY AT THE TIME CHANGE SATURDAY NIGHT. AND IT'S NOT 2 MINUTES TO FIVE. IT'S 2 MINUTES TO SIX. ALL RIGHT. THANK YOU, CHIEF, THEY HELP PEOPLE. WE GET REPORTS ON WEATHER, BUT YOU ALSO CONTROL TIME. THAT'S. WELL, IN THAT CASE, THIS WAS NOT. THANK YOU, CHIEF. SURE. ALL RIGHT. NOW THAT WE'VE GOT THE APPROPRIATE TIME, WE'RE ALL FEELING A LITTLE BETTER ABOUT OURSELVES. I GUESS I'M OCD. IT JUST DRIVES ME CRAZY LOOKING AT THAT 10 TO 5 AND IT'S NOT 10 TO 5. OH, YEAH. RIGHT. OH. TERRY INTELLIGENCE. ALL RIGHT. I HAVE SIX ON THE NOSE. ALL RIGHT. IT STARTS THE REGULAR COUNCIL MEETING. [1. CONSIDER A FIRST READING OF AN ORDINANCE OF THE CITY OF DECATUR, TEXAS, REPEALING ORDINANCE 2021-03-03 AMENDING THE CITY OF DECATUR SCHEDULE OF FEES AND ADOPTING A NEW CITY OF DECATUR SCHEDULE OF FEES AS SET FORTH IN EXHIBIT "A"; PROVIDING FOR AMENDMENT TO THE WRECKER FEE; PROVIDING FOR AMENDMENTS TO THE FEES IMPOSED FOR RESIDENTIAL AND COMMERCIAL SOLID WASTE COLLECTION SERVICES (TO BE EFFECTIVE APRIL 1, 2022); ADOPTING A WATER DEPARTMENT INSPECTION FEE FOR PLUMBING REPAIRS; AND REPEALING CERTAIN PERMIT AND PLANNING REVIEW FEES.] ITEM NUMBER ONE IS CONSIDERED FIRST READING OF AN ORDINANCE OF THE CITY OF DECATUR, REPEALING ORDINANCE 2021-0303. AND BASICALLY, THIS IS TO SCHEDULE A FEE ORDINANCE, AS YOU REMEMBER IT, YOUR LAST MEETING, YOU APPROVED THE NEW RATES FOR THE WASTE HAULING COMPANY. AND SO THAT'S PART OF THE SCHEDULE OF FEE ORDINANCE. AND THERE IS A COUPLE OF OTHER ITEMS THAT I WANT TO LET ANA OR PATRICIA EXPLAIN. I WAS MORE INTERESTED IN THE SCHEDULE OF FEES GETTING UPDATED, AND THERE'S A COUPLE OF OTHER THINGS ON THERE, TOO. AND IT'S JUST FIRST READING. SO WE CAN MAKE WHATEVER CHANGES YOU WANT TO MAKE, IF ANY, AND IT'LL COME BACK FOR A SECOND READING AT THE NEXT MEETING AND POSSIBLE ACTION. IT'S ALL YOURS, ANA. WHAT ARE THE ITEMS THAT YOU'RE GOING TO FIND? AND PART OF THE SCHEDULE OF FEES IS WE ADDED POLICY FOR THE WATER LEAK ADJUSTMENT. WE DON'T HAVE ONE. SO THIS IS, YOU KNOW, WORK FROM UB DEPARTMENT, THEY PUT IT TOGETHER, THEY SAW WHAT OTHER CITIES ARE DOING. WE IMPLEMENTED WITH THIS POLICY A FEE OF $25. OTHER CITIES THERE DO 50, EVEN MORE THAN $50. SO WE'RE JUST USING A $25 FOR INSPECTION. WE'RE ADDING ON WITHIN THE POLICY. YOU KNOW, HOW MANY TIMES CAN THE CUSTOMER CAN DO LIKE WE HAVE A BILLION MAY REQUEST 1 BILLION ADJUSTMENT PER CALENDAR SO IT JUST, YOU KNOW, BEFORE WE DIDN'T HAVE ANYTHING TO GO BY SO THIS IS WHAT WE'RE GOING TO BE USING TO BE CONSISTENT WITH WITH ALL OUR CUSTOMERS. AND ALSO WITH THE POLICY, WE PUT TOGETHER A FORM WHERE EACH CUSTOMER WILL FILL IT OUT. SO THERE WAS PART OF YOUR PACKET. AND THE THIRD FORM IS A CUSTOMER SERVICE INSPECTION. SO THIS IS A STANDARD FORM THAT WE HAVE TO FOLLOW FOR COMPLIANCE. AND THAT WAS IT. SO YOU HAVE ANY QUESTIONS? QUESTIONS. COMMENTS. ALL RIGHT. THANK YOU. AGAIN, FIRST READING, SO SECOND READING WILL BE HELD AT THE NEXT MEETING. AND AT THAT TIME, IF YOU SO DESIRE, YOU CAN TAKE ACTION. THE NEXT SEVERAL ITEMS ARE UNDER THE PLANNING AND ZONING REPORT AND THESE ARE ALL PUBLIC HEARINGS. SO YOU WON'T DECLARE US INTO A PUBLIC HEARING? I WILL DECLARE US IN A PUBLIC HEARING. ALL RIGHT. ITEM TWO IS HOLD A PUBLIC HEARING AND CONSIDER FIRST READING OF AN ORDINANCE [2. HOLD A PUBLIC HEARING AND CONSIDER FIRST READING OF AN ORDINANCE AMENDING APPENDIX "D," "COMPREHENSIVE PLAN," OF THE CODE OF ORDINANCES OF THE CITY OF DECATUR, TEXAS, TO AMEND THE COMPREHENSIVE PLAN AND THE FUTURE LAND USE MAP OF THE CITY, FOR AN APPROXIMATE 3.035 ACRES OF LAND LOCATED AT 2112 DEER PARK ROAD, DECATUR, TEXAS, AND AN APPROXIMATE 0.191 ACRES OF LAND GENERALLY LOCATED TO THE CENTERLINE OF DEER PARK ROAD AND ADJACENT TO 2112 DEER PARK ROAD, DECATUR, TEXAS, FROM ESTATE LIVING (EL) LAND USE DESIGNATION TO COMPACT NEIGHBORHOOD (CN) LAND USE DESIGNATION. THE PROPERTY IS MORE COMMONLY REFERRED TO AS 2112 DEER PARK RD., DECATUR, TEXAS.] AMENDING APPENDIX D, WHICH IS A COMPREHENSIVE PLAN FOR APPROXIMATELY 3.035 ACRES OF LAND AT 2112 DEER PARK ROAD, DECATUR, AND APPROXIMATELY 1.91 ACRES OF LAND GENERALLY LOCATED TO THE CENTER LINE OF DEER PARK ROAD AND ADJACENT TO 2112 DEER PARK ROAD. [00:30:01] FROM ESTATE LIVING TO LAND USE DESIGNATION TO COMPACT NEIGHBORHOOD LAND USE DESIGNATION. PROPERTY IS MORE COMMONLY REFERRED TO AS 2112 DEER PARK ROAD DECATUR ITS APPLICATION CP-2022-01. MR. NAVEEN OH, LORDY. [INAUDIBLE]. I'M SORRY FOR MY BROKEN ENGLISH. THE PLANNING AND ZONING COMMISSION RECOMMEND APPROVAL 4 TO 3. CHAIRMAN LEMOND TIEBREAKER AND COMMISSIONERS RUBY CRESWELL AND LANIER OPPOSED. BY THE WAY, OPPOSITION HAS EXCEEDED 20% AND PER SECTION 4.4.7.D OF THE ZONING ORDINANCE. A FAVORABLE VOTE OF THREE FOURTHS OF ALL MEMBERS OF THE CITY COUNCIL IS REQUIRED. THIS DOESN'T AFFECT TONIGHT BECAUSE IT'S FIRST READING, BUT IT WILL AT THE PROPER TIME. AND SO I'D INVITE YOU TO SOLICIT YOUR COMMENTS. SO DO WE HAVE ANY COMMENTS? YES, SIR, WE HAVE, MR. WILLIAM EICHER. I'M SORRY. ALL RIGHT, MR. EICHER. AND IF YOU WOULD DO US THE HONOR OF STATING YOUR NAME AND YOUR ADDRESS, PLEASE. WILL EICHER. 2103 DEER PARK LANE, I MEAN DEER PARK ROAD ACROSS THE STREET FROM THIS PROPOSED PROPERTY. I'M COMING HERE TO EXPRESS OPPOSITION TO IT. I LEARNED ABOUT THIS PROBABLY ABOUT 48 HOURS BEFORE THE PLANNING AND ZONING COUNCIL MEETING. AND I LEARNED ABOUT IT THAT WEEKEND, MAYBE SUNDAY AFTERNOON. AND WE HAD JUST BOUGHT THE PROPERTY. I GUESS WE WEREN'T ON THE PREVIOUS TAX ROLLS, OUR NEIGHBORS HAD JUST BOUGHT THEIR PROPERTY AND WE'RE NOT ON THE PREVIOUS TAX ROLLS. BUT A BIG IMPACT ON MY WIFE AND I MOVING FROM DENTON TO HERE, I'VE BEEN IN DENTON SINCE 92 WAS JUST THE CHALLENGES AND THERE'S PARTS OF DENTON I LOVE, BUT THERE'S ALSO PARTS WHERE THEY DIDN'T REALLY HOLD TO ZONING. AND I CAN SHOW THE PROBLEMS OF HAVING AREAS WHERE ZONING WASN'T REALLY ADHERED TO. MY CHALLENGE WITH THIS LAND USE IS, LIKE I SAID, THERE WAS ONLY ONE OBJECTION THAT I KNEW OF 48. HOURS BEFORE THE P AND Z, MY WIFE AND I WENT OUT AND SPOKE TO OUR NEIGHBORS. THERE WERE EIGHT OTHER OBJECTIONS FILED WITHIN 48 HOURS OF THE P AND Z MEETING WHEN PEOPLE HEARD ABOUT THIS AND WHAT A HORRIBLE IDEA IT WAS. AND THAT'S ALSO WHY IT WAS A TIE BREAKER VOTE IN PLANNING AND ZONING. AND I HAVE OTHER COMMENTS ABOUT THE NEXT ITEM WHICH GOES INTO THE ZONING. BUT REALLY IN THE LAND USE. IF I LOOK AT THE PROPERTIES ALONG DEER PARK, EVERYTHING ADJACENT TO THIS PROPERTY IMMEDIATELY ADJACENT IS NOT THIS LAND USE ADJUSTMENT THAT'S BEING SOUGHT HERE AND THAT'S WHY I WANTED TO EXPRESS MY CONCERNS AND OPPOSITION TO THE CHANGE. COULD YOU SPECIFY A LITTLE MORE ABOUT WHAT WHAT YOUR OVERALL OBJECTION IS CURRENTLY? I BELIEVE EVERYTHING ADJACENT TO IT IS SF-1, AND I BELIEVE THOSE ARE HALF ACRE OR LARGER LOTS. AND THAT'S CONSISTENT WITH WHAT'S IMMEDIATELY AROUND THIS PROPERTY AS IT FRONTS DEER PARK. I DO UNDERSTAND BEHIND THIS PROPERTY THERE IS OTHER LAND USE CHANGES, BUT I FEEL LIKE A LONG DEER PARK. THERE IS A SECTION OF LAND DIRECTLY TO THE NORTH, SEVERAL UNITS DOWN THAT IS COMPACT, BUT I FEEL LIKE THIS IS INCONSISTENT WITH WHAT'S IMMEDIATELY AROUND IT, PARTICULARLY RIGHT ON DEER PARK ROAD. ANY OTHER QUESTIONS OR COMMENTS FOR UNDERSTANDING? THANK YOU SO MUCH. THANK YOU. DO WE HAVE ANY OTHER? MR. JERRY WATSON. MY NAME IS JERRY WATSON. I LIVE AT 2003 DEER PARK ROAD. THANK YOU. I AM OPPOSED TO THIS. MR. WATSON. I'M SORRY, MR. WATSON. OH, YES. THE PUBLIC. WE CAN'T HEAR. IF YOU DON'T MIND SPEAKING INTO THE MIC, SIR. OKAY. ALL RIGHT. DID I PUSH THIS BUTTON? THE LIGHT'S GREEN. GOOD. OKAY. TRYING TO REMEMBER WHERE IS WAS. [00:35:02] YOU WERE AT THE BEGINNING, SO YOU'RE IN GREAT SHAPE. ALL RIGHT. I'M OPPOSED TO THIS BECAUSE AS I UNDERSTAND IT, IF YOU APPROVE THIS, THE PLANS THEY'VE SUBMITTED TO THE CITY TO BUILD DOES NOT FIT IN THE AREA. I DON'T KNOW IF YOU LOOKED AT THE PLANS. THE PLANS THEY'RE BUILDING IS DESIGNED. THERE'S A THREE ACRE TRACK. THEY'VE USED EVERY INCH OF THAT. THERE'S NO GREEN SPOTS. I THINK THERE ARE 26 HOMES. I REMEMBER CORRECTLY IN THAT THREE ACRES. THEY HAD TO BUILD A GARAGE, A DOUBLE GARAGE WHERE ONE CAR PARKED IN FRONT OF THE OTHER IN ORDER TO GET TWO CARS IN THE GARAGE. THERE'S NO ENTRANCE OUT THE FRONT, THE BACK MOVE ONE CAR TO GET THE OTHER. AND THEN THEY'VE USED EVERY INCH OF LAND IN ORDER TO TRY TO MAXIMIZE THE GAIN. I UNDERSTAND MAXIMIZING YOUR GAIN, BUT I DON'T BELIEVE THAT THIS FITS IN THE AREA. THIS IS A TWO STOREY TOWNHOUSE WITH NO GREEN SPACES. THEY CAN DESIGN A MUCH BETTER UNIT TO PUT IN THAT SPACE THAN WHAT THEY HAVE DONE. BUT AS I UNDERSTAND IT, THE ONLY WAY WE CAN GET IT, FOR THEM, IF YOU APPROVE THIS, I UNDERSTAND IT, THEY'RE REALLY FREE TO BUILD WHATEVER THEY WANT. WE HAVE NO SAY IN IT. AND I DON'T THINK THAT'S RIGHT. I DON'T THINK THIS FITS IN THE AREA. I DON'T THINK IT FITS ANYWHERE IN THE DECATUR. THERE'S NOTHING LIKE IT IN DECATUR. AND THEREFORE, I'M ASKING YOU TO DISAPPROVE. THANK YOU. THANK YOU VERY MUCH. ANY OTHER SPEAKERS? MR. MARK DUNCAN? 2201 SOUTH FM 51. OH, YOU WANT TO WAIT? YOU'RE WAITING FOR NUMBER THREE? IS THAT WHAT I UNDERSTOOD? ALL RIGHT, VERY GOOD. SO WE'RE FINISHED. ANY OTHER SPEAKERS FOR THIS? COUNCIL? I BELIEVE STAFF HAS A PRESENTATION THAT MIGHT BE HELPFUL AND WE CAN OPEN BOTH OF THESE PUBLIC HEARINGS. AT THE SAME TIME, I THINK THEY'RE GOING TO OVERLAP. SO I KNOW WE'RE OPEN ON AGENDA ITEM NUMBER TWO. YOU CAN GO AHEAD AND OPEN ITEM NUMBER THREE AND THE STAFF CAN GIVE A PRESENTATION AND THEN WE CAN HAVE TWO SPEAKERS OR TWO SEPARATE DECISIONS. BUT I JUST THOUGHT MAYBE THAT WOULD BE HELPFUL IF STAFF COULD GO AHEAD AND GIVE THEIR PRESENTATION. ARE WE READY? WE'RE READY. I GUESS. [3. HOLD A PUBLIC HEARING AND CONSIDER FIRST READING OF AN ORDINANCE AMENDING APPENDIX "B," "ZONING," OF THE CODE OF ORDINANCES OF THE CITY OF DECATUR, TEXAS, THE COMPREHENSIVE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY, TO REZONE AN APPROXIMATE 3.035 ACRES OF LAND LOCATED AT 2112 DEER PARK ROAD, DECATUR, TEXAS, AND AN APPROXIMATE 0.191 ACRES OF LAND GENERALLY LOCATED TO THE CENTERLINE OF DEER PARK ROAD AND ADJACENT TO 2112 DEER PARK ROAD, DECATUR, TEXAS, FROM A SF-1, SINGLE-FAMILY RESIDENTIAL ZONING DISTRICT, TO A TH, TOWNHOUSE RESIDENTIAL ZONING DISTRICT. THE PROPERTY IS MORE COMMONLY REFERRED TO AS 2112 DEER PARK RD., DECATUR, TEXAS.] DO WE WANT TO GO AHEAD AND OPEN UP? ITEM THREE. IS THAT SO? DO YOU WANT TO READ SOMEBODY ON CITY? ITEM THREE IS OPEN TO HOLD A PUBLIC HEARING CONSIDERED FIRST READING OF THE ORDINANCE AMENDING APPENDIX B OF THE ZONING. THIS IS THE ACTUAL ZONING OF THE PROPERTY FOR THE EXACT SAME PIECE THAT I JUST READ WHILE AGO. THE ONLY DIFFERENCE IS THE PLANNING AND ZONING COMMISSION RECOMMEND DENIAL OF THIS OF THE ZONING CHANGE 5-1-1 WITH COMMISSIONER WOODRUFF ABSTAINED PER SECTION 4.4.7. THE ZONING VOTE OF THREE FOURTHS OF ALL MEMBERS OF THE ZONING COUNCIL OF THE CITY COUNCIL IS REQUIRED TO OVERRULE A RECOMMENDATION, A RECOMMENDATION OF THE PLANNING AND ZONING COMMISSION. AND ADDITIONALLY, OPPOSITION HAS EXCEEDED 20% OF THE ZONING ORDINANCE. A FAVORABLE VOTE OF THREE QUARTERS OF THE MEMBERS OF THE COUNCIL IS REQUIRED TO OVERTURN AS WELL. SO. SO JUST TO CLARIFY UPFRONT, THE COMPREHENSIVE PLAN DOES NOT REQUIRE A SUPERMAJORITY BECAUSE OF THE 20% PETITION. HOWEVER, THE ZONING CASE DOES REQUIRE A SUPERMAJORITY BECAUSE OF BOTH THE DENIAL AND THE 20% PETITION THAT HAS BEEN RECEIVED. SO WHAT WE NEED TO DO NOW IS LET STAFF GO THROUGH THE COMPREHENSIVE PLAN PRESENTATION AND THEN THE ZONING PRESENTATION, AND THEN I THINK THAT'S GOING TO BE HELPFUL TO THE SPEAKERS TO ALL HAVE THAT BACKGROUND AND WE CAN JUST LOOK AT IT ALL AT THE SAME TIME. BUT WE ARE, WE HAVE TWO DIFFERENT STANDARDS HERE. THE COMPREHENSIVE PLAN OF THE COUNCIL WANTS TO APPROVE OR DENY THAT IT'S A SIMPLE MAJORITY. IT IS A SUPERMAJORITY ON THE ZONING CASE. ALL RIGHT. AND I KNOW THAT WE DID HAVE, DO WE HAVE MORE THAN ONE PUBLIC COMMENT ON ITEM THREE? WE JUST HAVE ONE. ONE? MM HMM. DO YOU THINK IT WOULD BE AT THE CONCLUSION OF THE STAFF REPORT? YES. I THINK IT'S GOING TO BE HELPFUL IF WE JUST GET THROUGH THE STAFF REPORT FIRST. VERY GOOD. ALL RIGHT. WELL, LET'S HEAR THE STAFF REPORT. ALL RIGHT, DEDRA, YOU'RE UP. ALL RIGHT. [INAUDIBLE] HAS ALREADY INTRODUCED AGENDA ITEM TWO. SO NEXT SLIDE, PLEASE. THE PROPERTY. [00:40:01] NEXT SLIDE. NOW FOR ITEM TWO. THE PROPERTY CURRENTLY HAS A LAND USE DESIGNATION OF ESTATE LIVING BUT IS BEING PROPOSED FOR COMPACT NEIGHBORHOOD CN LANGUAGE DESIGNATION. THE LAND USE DESIGNATIONS TO THE NORTH AND WEST ARE COMPACT NEIGHBORHOOD. IN ADDITION TO THE NORTH IS ESTATE LIVING TO THE SOUTH IS THE STATE LIVING AND THEN TO THE EAST IS TRADITIONAL NEIGHBORHOOD AND THERE IS A COPY OF THE LANGUAGE MAP SHORTLY IN THE PRESENTATION. THE APPLICANT IS REQUESTING A TOWNHOME RESIDENTIAL DISTRICT ZONING. TOWNHOMES ARE SINGLE FAMILY THEY'RE JUST SINGLE FAMILY ATTACHED. THIS REQUEST IS BEING PROCESSED CONCURRENTLY WITH ZONING CHANGES CZ-2022-01 AND APPROVAL OF THE COMPREHENSIVE PLAN AMENDMENT MUST OCCUR BEFORE THE ZONING CHANGE CAN BE APPROVED. NEXT SLIDE. IN TERMS OF THE COMPREHENSIVE PLAN OBJECTIVES, YOU'VE SEEN THIS BEFORE, COMPACT NEIGHBORHOODS CAN SUPPORT A VARIETY OF HOUSING TYPES, CREATING SMALL LOTS AND THE FAMILY DETACHED PATIO HOMES, TOWNHOMES AND DUPLEXES. THE PRIMARY LAND USE IS SMALL LOTS AND FAMILY DETACHED PATIO HOMES AND TOWNHOMES AND DUPLEXES. SECONDARY LAND USES INCLUDE CIVIC AND INSTITUTIONAL USES, PARKS AND OPEN SPACE. SMALL AMOUNTS OF NEIGHBORHOOD SERVING, RETAIL AND COMMERCIAL MIXED LAND. THIS IS THE LAND USE MAPS EXISTING. AND THEN WHAT'S PROPOSED. AGAIN, THE EXISTING FURTHER SUBJECT PROPERTY AS ESTATE LIVING. WEST PROPOSED IS COMPACT NEIGHBORHOOD. NEXT SLIDE. IN TERMS OF ZONING, THE EXISTING ZONING IS SF-1 PROPOSED ZONING IS TOWNHOMES. NEXT SLIDE, PLEASE. AND THIS IS THEIR PROPOSED FLOOR PLAN. I WANT TO MAKE IT VERY CLEAR THEY HAVE NOT SUBMITTED ANYTHING FOR REVIEW OR APPROVAL. THIS IS JUST THEIR CONCEPT OF WHAT THEY WOULD LIKE TO TO BUILD. NEXT SLIDE. THIS IS THE INITIAL CONCEPT PLAN THAT WAS SUBMITTED. THEY HAVE CHANGED THE CONCEPT BASED ON A CONVERSATION WITH [INAUDIBLE] AND I BELIEVE MR. NAVEEN MAY BE PRESENT AND CAN SPEAK TO THAT. NEXT SLIDE, PLEASE. WE DID NOTIFY 13 PROPERTY OWNERS THAT ARE WITHIN 200 FEET. EIGHT WERE OPPOSED. THE OPPOSITION TO THE APPLICATION HAS REACHED 66.75. AGAIN, THERE WAS SOME MISUNDERSTANDING AND MISCOMMUNICATION BETWEEN CHERYL AND I. THIS DOES NOT REQUIRE A SUPERMAJORITY VOTE, AS PATRICIA EXPLAINED. IT'S ONLY A SIMPLE MAJORITY VOTE. NEXT SLIDE, PLEASE. THESE ARE THE RESPONSES THAT WE RECEIVED IN TERMS OF THEIR OBJECTIONS. AND AGAIN, THEY RANGE FROM INCOMPATIBILITIES TO INCREASED TRAFFIC, INCREASED TAXES. THERE'S GOING TO BE A DECREASE IN PROPERTY VALUE, ET CETERA. NEXT SLIDE. COMPACT NEIGHBORHOOD IS CONSISTENT WITH A TOWNHOME, RESIDENTIAL ZONING AND IF YOU RECALL PER STATE LAW, YOUR LAND USE IN YOUR ZONING MUST BE CONSISTENT. STAFF IS RECOMMENDING FROM A TECHNICAL STANDPOINT OF COMP PLAN AMENDMENT 2022-01 AND [INAUDIBLE] THE PLANNING AND ZONING COMMISSION DID RECOMMEND APPROVAL FOR 4-3 CHAIRMAN LEMOND WITH THE TIEBREAKER. COMMISSIONERS BERUBE, CRESWELL AND LANIER WERE OPPOSED. THE FIRST ITEM THREE, AGAIN, WE'RE TALKING ABOUT THE SAME PROPERTY. NEXT SLIDE, PLEASE. SAME INFORMATION ZONING DESIGNATION, AS I MENTIONED PREVIOUSLY, SF-1 THEY'RE LOOKING TO REZONE TO TAKE DOWN THE ZONING DISTRICT HEARD THE DICTATOR 2050 COMPANIES OF LAND USE PLAN TOWNHOME RESIDENTIAL IS CURRENTLY INCONSISTENT WITH THE CURRENT LAND USE DESIGNATION. THAT'S WHY THEY WERE SEEKING OR THEY ARE SEEKING A COMP PLAN FROM ESTATE [00:45:01] LIVING TO COMPACT NEIGHBORHOOD. NEXT SLIDE, PLEASE. [INAUDIBLE]. NEXT SLIDE. IN TERMS OF ZONING FOR THE NORTH, SOUTH, EAST, WEST AND NORTH, SOUTH AND EAST, WE HAVE SF-1 AND THEN ALSO TO THE NORTH WE HAVE SF-2 ZONING AND TO THE WEST. SF-2. BEFORE ANY DEVELOPMENT CAN OCCUR, THE APPLICANT WILL HAVE TO SUBMIT A PLAN APPLICATION AND SUBMIT BUILDING PERMIT APPLICATION IN WHICH THE PLANS WILL NEED TO BE SUBMITTED. NEXT SLIDE. AGAIN. SAME LANE WITH MAPS EXISTING AND PROPOSED. NEXT SLIDE, PLEASE. IN TERMS OF ZONING, AGAIN, AS [INAUDIBLE] TOWNHOMES. NEXT SLIDE. PROPOSED FLOOR PLAN. NEXT SLIDE CONCEPT PLAN, WHICH HAS BEEN AGAIN CHANGED. NEXT SLIDE. SAME PROPERTY OWNERS WERE NOTIFIED SAYING 13, THE SAME EIGHT ARE OPPOSED. AND AGAIN, OPPOSITION HAS REACHED 66.75% AND THIS DOES REQUIRE A FAVORABLE VOTE OF THREE FOURTHS OF ALL MEMBERS OF THE CITY COUNCIL. NEXT, THE SAME ISSUES WERE IDENTIFIED FOR THE ZONING CHANGE AS A COMPLIANT AMENDMENT. FROM A TECHNICAL STANDPOINT, STAFF IS RECOMMENDING APPROVAL OF THE 2022-01 PLANNING AND ZONING COMMISSION TO RECOMMEND DENIAL 5-1-1. COMMISSIONER WOODRUFF ABSTAINED AND PER SECTION 4.4.7.E OF THE ZONING ORDINANCE VOTED. THREE FOURTHS OF ALL MEMBERS OF THE CITY COUNCIL IS REQUIRED TO OVERRULE THE RECOMMENDATION OF THE P&Z THAT A PROPOSED CHANGE TO REGULATION OF BOUNDARY BE DENIED. AND ADDITIONALLY, BECAUSE THE OPPOSITION HAS EXCEEDED 20%, A FAVORABLE VOTE OF THREE FOURTHS OF ALL MEMBERS OF THE CITY COUNCIL IS ALSO REQUIRED. AND THAT CONCLUDES MY PRESENTATIONS. ALL RIGHT. ANY QUESTIONS FOR STAFF OR COMMENTS? WE DO HAVE A MEMBER OF THE PUBLIC TO MAKE COMMENT. IF YOU WOULD? WELL, I BELIEVE IT WAS MR. DUNCAN. WE HAVE TWO THAT HAVE PROVIDED A REQUEST. YES, I'VE PUT DOWN. OKAY. IT'S MR. MARK DUNCOMBE AND THEN MR. EICHER. GOOD EVENING, MARK DUNCAN. 2701 SOUTH FM 51. CAN I ASK A QUESTION OF MS. RAGLAND? IS IT APPROPRIATE? I THINK IT'S MORE OF A COMMENT SECTION, BUT IF YOU'LL JUST STATE THE QUESTION THAT YOU HAVE RIGHT NOW, IT'S SUPPOSED TO BE JUST THEM LISTENING TO YOU, BUT YOU CAN CERTAINLY ANSWER THAT QUESTION WHEN WE GET BACK TO THE GENERAL DISCUSSION. OKAY. WITHIN COMPACT NEIGHBORHOOD, DOES SF-2 FIT IN THAT? CAN YOU HAVE SF-2 IN ESTATE LIVING? I'M NOT SURE WHERE THE DEFINITION OF ESTATE LIVING AND COMPACT NEIGHBORHOOD IS, BUT I OWN THE LAND TO THE WEST OF THIS TRACK AND IN CONJUNCTION WITH THE OTHER LANDOWNERS, HOMEOWNERS AROUND HERE, I THINK THIS IS AN INCONSISTENT USE AND MUCH MORE DENSE THAN WHAT THE OTHER HOMES ARE IN THAT AREA. I WOULD ADD, BASED ON MAYBE THE ANSWER TO MY QUESTION, THAT THE CHANGE TO COMPACT NEIGHBORHOOD MAY BE REQUIRED TO MAKE THIS AN SF-2. TRACT AND SF-2 IS BETWEEN 5000 SQUARE FEET AND HALF AN ACRE. THAT'S MORE LIKELY WHERE THE GROWTH OR THE DEVELOPMENT IS GOING TO BE GOING FORWARD IN THE CITY OF DECATUR. SO. THAT MAY BE SOMETHING FOR ALL OF US TO CONSIDER. THANK YOU. ALL RIGHT. AND, DEDRA, DO YOU HAVE A COMMENT YOU WOULD LIKE TO MAKE? SINGLE FAMILY TWO IS ALLOWED IN COMPACT NEIGHBORHOODS AND IN THE ESTATE LIVING, BUT YOU'RE GOING TO SEE MOSTLY FOR ESTATE MOVING HALF ACRE SF-1. VERY GOOD. WE HAVE ANOTHER MR. [00:50:02] EICHER? THANK YOU. STILL WILL EICHER. STILL AT 2103 DEER PARK FOCUSED ON THE ZONING IS MY COMMENTS ON THIS PART OBVIOUSLY ARE DIRECTLY RELATED TO ZONING AND I DON'T KNOW IF MR. [INAUDIBLE] IS GOING TO BE PRESENTING ONLINE OR IF HE'S HERE TO DEFEND THIS IDEA. THERE WAS A PRESENTATION BY HIM AT THE LAST ONE AND THESE WERE QUINTESSENTIAL COOKIE CUTTER. THE ELEVATIONS THAT WERE SHOWN ARE HIGHLY IDENTICAL. AS YOU LOOK DOWN AND THE ONLY THING IN HIS RENDERING THAT CHANGED WAS THE BLUE TRUCK IN FRONT OF ONE OF THE PROPERTIES. OKAY. SO THEY ARE COOKIE CUTTER AND IT WAS 29 UNITS. AND ONE OF THE CHALLENGES WITH THAT AND WHY IT'S SUCH AN INAPPROPRIATE ZONING FOR THIS PART OF OF DECATUR IS FOR A NUMBER OF REASONS. CURRENTLY, THERE IS NO GREEN SPACE LIKE IT'S BEEN POINTED OUT EARLIER. THESE ARE SUPPOSED TO BE STARTER HOMES FOR YOUNG FAMILIES. THOSE TYPICALLY HAVE KIDS. THERE'S NO PLACE FOR KIDS EXCEPT TO PLAY IN THE MIDDLE OF DEER PARK ROAD. IT'S ALREADY A FAST MOVING ROAD. AND IN THE LAST IN THE PLANNING AND ZONING MEETING IS BROUGHT UP. THIS DOESN'T MEET THE THRESHOLD OF A TRAFFIC STUDY. AND, YOU KNOW, I'M COMING HERE AS A PROFESSIONAL ENGINEER. MY WIFE AND I, WE MOVED OUR COMPANY TO DECATUR FROM DENTON. AND AS I'M LOOKING AT THIS, EVEN WITHOUT A TRAFFIC STUDY, YOU'RE LOOKING AT ABOUT 60 DAILY TRIPS A DAY OUT OF THAT THREE ACRES POURING RIGHT INTO DEER PARK IN AN AREA THAT I THINK IT'S ON THE GROWTH PLAN FOR DEER PARK TO BE EXPANDED, BUT THAT'S GOING TO BE INCONSISTENT, THERE'S NO PLACE FOR ALL THE KIDS THAT ARE GOING TO BE IN THESE STARTER TOWNHOMES TO HAVE 29 FAMILIES. THEY'RE DRIVING OUT EVERY MORNING AND EVERY AFTERNOON. FURTHER, WHEN WE LOOK AT THE USE OF THIS AND HOW I THINK IT COULD AFFECT PROPERTY VALUES, IS THAT ALL WE NEED IS TO HIT A RECESSION WITH INTEREST RATES GOING UP. YOU KNOW, I'M NOT TALKING ANYTHING DOWN, BUT IT'S NOT UNREALISTIC TO SAY WE MIGHT HAVE AN ECONOMY LIKE THAT IN THE NEAR FUTURE. AND IF YOU HAVE 29 PROPERTIES THAT ARE COOKIE CUTTER, IT JUST TAKES ONE OF THEM TO FORECLOSE. AND EVERY ONE OF THOSE TOWNHOME VALUES DROPS BECAUSE AN APPRAISER MUST LOOK AT COMPARABLES IN THE VICINITY OF THAT TOWNHOME. AND ADDITIONALLY, AS I'VE SEEN IN OTHER CITIES AS TOWNHOMES, STARTER FAMILIES START TO MOVE OUT OF THOSE TOWNHOMES. SOME OF THEM RETAIN THOSE AND TURN THEM INTO AIRBNBS. HAVING VACANT TOWNHOMES THAT ARE AIRBNB PROPERTIES IS INCONSISTENT WITH THIS ZONING. ONE OF THE THINGS I POINTED OUT IN THE PLANNING AND ZONING MEETING IS IF YOU JUST LOOK AT THE PLANNING AND ZONING MAP AND I DON'T KNOW IF WE CAN PUT IT BACK UP ON THE SCREEN, IT WAS FOR ITEM THREE AND IT SHOWED ESTATE LIVING, IT SHOWED SINGLE. SO IF YOU LOOK AT THESE TWO, ONE OF THOSE DOESN'T LOOK THE SAME. YOU HAVE THIS ORANGE IN A SEA OF YELLOW. IT'S ODD. IT'S OUT OF PLACE. AND THIS IS WHY THE P AND Z COMMISSION SAW THAT AND NO ONE REALLY WAS IN FAVOR OF IT. AND WHEN I TALKED TO ALL MY NEIGHBORS, I DIDN'T FIND ANY OF THEM THERE IN FAVOR OF IT. THEY ALL EVERYONE WHO HAD TIME TO FILL OUT ONE AND SUBMIT IT IN OBJECTED TO THIS. I REALLY HAVEN'T FOUND ANYONE WHO'S INVOLVED WITH THIS THAT'S NOT PRIVY TO THE CONTRACTS ON IT, WHO THINKS THIS IS A BAD THAT THINKS IT'S A GOOD IDEA. AND SO FOR THOSE REASONS, I REALLY ABHOR THE COMMITTEE TO LISTEN TO EVERYONE ELSE AND HAVE ENOUGH ON THE THE COUNCIL HERE TO KILL THIS LIKE THE HORRIBLE IDEA IT IS. THANK YOU. THANK YOU, SIR. ANYONE ELSE FOR PUBLIC COMMENT? ALL RIGHT. IF THIS IS ME. CAN YOU HEAR ME? YES. GO AHEAD, SIR. CAN YOU GO, PLEASE? YEAH. PLEASE STATE YOUR NAME AND YOUR ADDRESS. FULL NAME AND ADDRESS, PLEASE. YES, SIR. THIS IS THE [INAUDIBLE]. I'M THE CIVIL ENGINEER AND ALSO REPRESENTING THE DEVELOPER. MY ADDRESS IS 2770 MAIN STREET NUMBER 171, FRISCO, TEXAS. THANK YOU, SIR. ALL RIGHT. GO RIGHT AHEAD. I WANTED TO SHARE SOMETHING, BUT IT LOOKS LIKE MY SCREEN SHOWING IS DISABLED. BUT IT'S OKAY. I CAN MAKE MY POINTS AND ADDRESS THE CONCERNS OF THE NEIGHBORS. [00:55:01] FIRST, I'D LIKE TO THANK THE CITY OF DECATUR AND ALSO THE P&Z MEMBERS AND THE CITY COUNCIL MEMBERS FOR GIVING US THE OPPORTUNITY TO PRESENT THIS PROJECT FOR YOU GUYS. WHAT WE ARE PROPOSING IN THIS THREE ACRES IS A COMPACT NEIGHBORHOOD THAT IS ACTUALLY COMPATIBLE WITH THE CITY'S FUTURE LAND USE MAP BECAUSE I'M NOT SURE WHAT WAS THE MAP THAT WAS SHOWN PREVIOUSLY WHERE EVERYTHING WAS YELLOW AND ONLY THESE THREE ACRES WAS SHOWN IN THE ORANGE COLOR. BUT THE CITY'S COMPREHENSIVE PLAN CALLS FOR THE AREA THAT IS WEST OF THIS THREE ACRES TO BE A COMPACT NEIGHBORHOOD. THAT AREA IS APPROXIMATELY 100 ACRES. I THINK THE GENTLEMAN SPOKE EARLIER ABOUT THAT. AND WE ARE INCOMPATIBLE WITH THAT COMPACT NEIGHBORHOOD PLAN. AND WHAT WE ARE PROPOSING HERE IS NOT A ATTACHED FAMILY DEVELOPMENT. IT IS A SINGLE FAMILY DETACHED, QUALITY, TOWNHOME DEVELOPMENT. AND OUT OF THESE THREE ACRES, WE ARE ONLY PROPOSING 27 TOWNHOME LOTS AND THAT COMES OUT TO BE A DENSITY OF NINE UNITS PER ACRE. TYPICALLY A HIGH DENSITY PROJECT LIKE AN APARTMENT OR A CONDO COMPLEX. YOU SEE ANYWHERE BETWEEN 20 TO 30 UNITS PER ACRE AND IF IT IS A SINGLE FAMILY, A HALF ACRE OR ONE ACRE OR EVEN LIKE THREE OR 4 HOURS, THAT IS THE LOW DENSITY. AND WHAT WE ARE PROPOSING HERE IS A MEDIUM DENSITY. IT'S NOT A HIGH DENSITY, IT'S NOT A LOW DENSITY. IT'S SOMETHING IN BETWEEN. AND AS PART OF THIS PROJECT, WE ARE ACTUALLY DEDICATING SOME RIGHT OF WAY ALONG THE SOUTH ALONG THE PARK ROAD SO THAT IN THE FUTURE WHEN THE CITY PLANS FOR THE IMPROVEMENTS, SO YOU GUYS HAVE THAT [INAUDIBLE] AVAILABLE. WE ARE ALSO DOING A BIKE AND HIKE TRAIL ON THE PROPERTY IN THE FRONT PORTION WHERE OUR PROPERTY CONNECTS TO THE DEER PARK. AND MR. EICHER, WE DO APPRECIATE THE COMMENTS THAT HE'S A PROFESSIONAL ENGINEER AND BRINGING HIS KNOWLEDGE TO SHARE WITH EVERYBODY. A TRAFFIC STUDY, TYPICALLY, WHEN YOU HAVE MORE THAN 100 HOMES, THAT'S WHERE A TRAFFIC STUDY IS REQUIRED. AND WHAT THE NUMBER THAT MR. EICHER IS INDICATING, 60 TRIPS PER DAY. ACTUALLY, THIS 27 TOWNHOMES DOES GENERATE 150 TRIPS PER DAY, ACCORDING TO THE [INAUDIBLE] GENERATION MANUAL. BUT A MAJOR ARTERIAL LIKE A DEER PARK, WHEN IT IS EXPANDED, IT IS TYPICALLY DESIGNED FOR 30 TO 45000 VEHICLES PER DAY. SO WHAT WE ARE COMPARING AS FAR AS THE TRAFFIC WISE, IT DOESN'T MAKE ANY SENSE FOR 150 TIPS TO COMPARE WITH THOUSANDS OF TRIPS. SO THAT IS MY ANSWER FOR THE TRAFFIC QUESTION. AND REGARDING THE GREEN SPACE, WE DO HAVE MORE THAN HALF ACRE. THAT'S EVEN THOUGH IN A TRANSMISSION LINE AREA, THIS DOES HAVE GREEN SPACE THAT'S RESERVED. AND THE COOKIE CUTTER HOMES COMMENT, IT IS DEFINITELY NOT GOING TO BE A COOKIE CUTTER. WE ARE ONLY SHOWING ONE SINGLE BLOCK ELEVATIONS AND THEY WILL BE AGAIN, WE HAVE TO BRING THESE ELEVATIONS TO THE CITY. AGAIN, THE CITY WILL BE REVIEWING ALL OF THESE ELEVATIONS. AND I WANT TO REITERATE THAT THIS IS NOT A COOKIE CUTTER. THIS IS A GOOD QUALITY TOWNHOME DEVELOPMENT WITH DIFFERENT ELEVATIONS. WE ARE GOING TO BREAK THE MONOTONY. EACH BLOCK MAY BE GOING TO HAVE A DIFFERENT PATTERN, EITHER IN THE ELEVATIONS OR THE MATERIALS OR ARCHITECTURAL STYLES. SO EACH BLOCK IS GOING TO BE DIFFERENT. AND TURNING INTO AIRBNB, THAT'S NOT GOING TO BE IN THE HANDS OF A DEVELOPER, ULTIMATELY OR THE PROPERTY OWNER WILL BE WHETHER IT'S A SINGLE FAMILY OR A TOWNHOME. IT REALLY DOESN'T MATTER IF THE PROPERTY OWNER WANTS TO MAKE THAT AS AN AIRBNB. I MEAN, THAT CAN HAPPEN. IT'S NOT IN OUR HANDS. AND AGAIN, ABOUT THE ODD LOCATION, THE WHOLE 100 ACRES ON THE WEST SIDE OF THIS PROPERTY IS ACTUALLY PROPOSED TO BE A COMPACT NEIGHBORHOOD. AND THE COMPACT NEIGHBORHOOD IS SPECIFICALLY DESIGNED FOR THIS MEDIUM DENSITY TYPE DEVELOPMENT. THE TOWNHOMES OR PATIO HOMES, ANY OTHER ATTACHED TOWNHOMES LIKE THIS ARE GOING TO BE ALLOWED IN THE COMPACT NEIGHBORHOOD. AND THAT IS THE REASON WE'RE ASKING FOR A TOWNHOME ZONING CHANGE. AND WE DO UNDERSTAND THAT PEOPLE ARE IN GENERAL AGAINST ANY DEVELOPMENT. AND EVEN THOUGH THEY SAY WE'RE NOT OPPOSED TO DEVELOPMENT, THEY ARE TYPICALLY AGAINST ANY DEVELOPMENT. BUT WHEN AS THE CITY DECISION MAKERS, YOU DO UNDERSTAND THAT THE GROWTH IS INEVITABLE, YOU JUST HAVE TO MAKE SURE THAT WHETHER IT'S A QUALITY DEVELOPMENT OR NOT. [01:00:05] THEREFORE, I THINK I DID ANSWER ALL OF THE CONCERNS AND I DO WANT TO REITERATE THAT THIS IS GOING TO BE A GOOD QUALITY TOWNHOME NEIGHBORHOOD. IT'S NOT AN ATTACHED FAMILY DEVELOPMENT, NOT A APARTMENT COMPLEX OR A LOW, LOW INCOME DEVELOPMENT. WE ARE GOING TO HAVE ACTUALLY IS GOING TO MAINTAIN ALL OF THE FACILITIES AND THEY'RE GOING TO KEEP CLEAN AND EVERYTHING WILL BE MAINTAINED IN GOOD CONDITION. THE HOMES THAT THE TOWNHOMES ARE GOING TO BE ANYWHERE BETWEEN 1500 TO 2000 SQUARE FOOT. WE ARE THINKING OF THE PRICING WILL BE AROUND $170 PER SQUARE FOOT ON AVERAGE. THAT'S ALREADY GOING TO BE MORE THAN 180, 290,000 AS THE STARTER HOMES. AND YOU ALL KNOW THAT THE NORTH TEXAS AREA DESPERATELY NEEDS HOUSING THAT IS AFFORDABLE. I'M NOT SAYING LOW INCOME, AT LEAST AFFORDABLE HOUSING IS FINE. SO WITH THAT, I REQUEST YOUR FULL SUPPORT FOR THIS PROJECT. THANK YOU FOR THE OPPORTUNITY. ALL RIGHT. THANK YOU VERY MUCH. ALL RIGHT. DO WE HAVE ANY ANYONE ELSE HAVE COMMENTS FROM COUNCIL? YEAH, I'D LIKE TO COMMENT. I'M SOMEBODY WHO IS PRO-DEVELOPMENT, PROBABLY AS MUCH AS ANYBODY. BUT WE ALSO HAVE TO LOOK AT THE FACT THAT. WHEN PEOPLE BUY A PROPERTY AND THEY LOOK AT WHERE IT'S AT AND THE WAY IT'S ZONED AND WEIGH, THE PROPERTY AROUND THEM IS ZONED. THAT'S HOW THEY'RE MAKING THEIR INVESTMENT. AND I GET THAT MAYBE THE LONG TERM IS ONE THING OR ANOTHER, BUT I THINK WE HAVE TO DECIDE AND IT'S KIND OF UP TO US AT THIS POINT AND NOT TO BASH SOME CITIES, BUT ARE WE GOING TO BE ABLE AND HAVE TRAILER PARKS AROUND THE PLACE OR ARE WE GOING TO BE ARGYLE? AND IT'S OUR DECISION RIGHT NOW TO MAKE IT. AND THE PEOPLE THAT ARE OUT THERE, THE ONES ASKING US TO MAKE THIS. THEY'RE THE ONES WHO VOTED TO SEND AND THEY'RE THE ONES WHO WANT US TO HONESTLY BE MORE OF AN ARGYLE. I STRUGGLE WITH I KNOW WE'RE THERE IS AT. 27 HOMES AND THREE ACRES IS A LOT HOMES. AND THAT'S JUST MY OPINION. ANY OTHER COMMENTS? FROM STAFF? ANY OTHER COMMENTS FROM STAFF? NO. THIS IS FIRST READING. SECOND READING WILL BE ON THE NEXT AGENDA. AND AT THAT POINT, YOU CAN MAKE A DECISION, IF YOU SO DESIRE. ALL RIGHT. ALL RIGHT. [4. HOLD A PUBLIC HEARING AND CONSIDER FIRST READING OF AN ORDINANCE AMENDING APPENDIX "B," "ZONING," OF THE CODE OF ORDINANCES OF THE CITY OF DECATUR, TEXAS, THE COMPREHENSIVE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY, TO REZONE AN APPROXIMATE 0.231 ACRES OF LAND LOCATED AT 1303 S. TRINITY STREET, DECATUR, TEXAS, AND AN APPROXIMATE 0.071 ACRES OF LAND GENERALLY LOCATED TO THE CENTERLINE OF TRINITY STREET AND 0.06 ACRES OF LAND GENERALLY LOCATED TO THE CENTERLINE OF PRINCE STREET AND ADJACENT TO 1303 S. TRINITY STREET, DECATUR, TEXAS, FROM A SF-1, SINGLE-FAMILY RESIDENTIAL ZONING DISTRICT, TO A 2F, TWO-FAMILY RESIDENTIAL ZONING DISTRICT. THE PROPERTY IS MORE COMMONLY REFERRED TO AS 1303 S. TRINITY STREET, DECATUR, TEXAS.] ITEM FOUR IS HOLD A PUBLIC HEARING AND CONSIDER FIRST READING OF AN ORDINANCE AMENDING APPENDIX B, WHICH IS ZONING OF THE CITY OF DECATUR AND THE COMPREHENSIVE ZONING MAP OF TO REZONE .231 ACRES OF LAND LOCATED 1303 SOUTH TRINITY STREET, DECATUR, TEXAS, AND APPROXIMATELY 0.071 ACRES OF LAND GENERALLY LOCATED TO THE CENTER LINE OF TRINITY STREET AND 0.06 ACRES OF LAND GENERALLY LOCATED TO THE CENTER LINE OF PRINCE STREET AND ADJACENT TO 1303 SOUTH TRINITY STREET, DECATUR, TEXAS FROM SF-1, SINGLE FAMILY RESIDENTIAL TO 2F, TWO FAMILY RESIDENTIAL ZONING. THE PROPERTY IS MORE COMMONLY REFERRED TO AS 1303 SOUTH TRINITY STREET. ITS APPLICATION ZONING CHANGE 2022-02. MR. KEITH BRYAN THE PLANNING AND ZONING COMMISSION RECOMMEND APPROVAL 6-0. I THINK THERE'S BEEN A FEW DEVELOPMENTS SINCE THAT TIME, SO BUT YOU CAN STILL HAVE YOUR YOUR YOUR PUBLIC COMMENTS TONIGHT. SO, DEDRA, YOU WANT TO LEAD US THROUGH THIS ONE? ABSOLUTELY. AND WHERE HAVE DONE THE INTRO. SO NEXT SLIDE, PLEASE. THE PROPERTY CURRENTLY HAS A ZONING DESIGNATION OF SINGLE-FAMILY TWO, SF-2, BUT IS PROPOSED TO BE REZONED TO A TWO FAMILY 2F ZONING DISTRICT. THE APPLICANT IS REQUESTING THE 2F ZONING DESIGNATION FOR THE PURPOSE OF A DUPLEX HOME IN ADDITION TO A SINGLE FAMILY HOME. THE ZONING CHANGE TO 2F IS CONSISTENT WITH THE UNDERLYING LAND USE IN THE DECATUR 2050 COMPREHENSIVE PLAN MAP, WHICH IS TRADITIONAL NEIGHBORHOODS. NEXT SLIDE, PLEASE. THE COMPREHENSIVE PLAN OBJECTIVES TRADITIONAL NEIGHBORHOODS, PREDOMINANTLY SINGLE FAMILY HOUSING DETACHED LOTS. HOWEVER, IT DOES OR COULD SUPPORT DUPLEXES, HOMES GENERALLY LOCATED IN PLATTED SUBDIVISIONS CONTAINING UTILITIES, RESIDENTIAL STREETS AND SIDEWALKS. SECONDARY LAND USES INCLUDE CIVIC AND INSTITUTIONAL USE OF PARKS AND OPEN SPACES, [01:05:06] NEIGHBORHOODS SERVING RETAIL AND COMMERCIAL. VERY SIMILAR TO YOUR COMPACT NEIGHBORHOODS. NEXT SLIDE, PLEASE. IN TERMS OF SURROUNDING ZONING, ALL OF THE ZONING SURROUNDING IT IS SINGLE FAMILY TWO. BEFORE ANY DEVELOPMENT CAN OCCUR, THE APPLICANT WILL HAVE TO SUBMIT PLAT AND BUILDING PERMIT APPLICATIONS. NEXT SLIDE PLEASE. THIS IS THE EXISTING ZONING MAP AND AGAIN, SF2 IS SURROUNDING IT. NEXT SLIDE. I'M SORRY. THE PREVIOUS PLAT WAS [INAUDIBLE] AND THE SURROUNDING LAND USAGE. OLD TRADITIONAL NEIGHBORHOODS. OUR NEXT SLIDE I'M SORRY, THIS SLIDE, WHICH IS THE ZONING MAP, DOES SHOW ZONING TO BE FS TWO. BUT BECAUSE OF THE UNDERLYING ZONING, THE PROPOSED TWO F IS CONSISTENT WITH THE LAND USE MAP. NEXT SLIDE, PLEASE. AND WE GET ANOTHER 513 PROPERTY OWNERS WITHIN 200 FEET AND WE RECEIVED NOTICE OF OPPOSITION FROM THREE AND THEN WE RECEIVED THREE IN FAVOR. OPPOSITION TO THE APPLICATION IS 18.75%, SO IT HAS NOT REACHED THE 20% OPPOSITION LEVEL THAT WOULD TRIGGER THE SUPERMAJORITY. STAFF IS RECOMMENDING APPROVAL OF ZC 2022-02 THE PLANNING AND ZONING COMMISSION RECOMMENDED APPROVAL 6 TO 0. ALL RIGHT. THANK YOU. DO WE HAVE ANYBODY FROM THE PUBLIC FOR COMMENT? MR.. KEITH BRIAN. HOW ARE Y'ALL. KEITH BRIAN, 871 COUNTY ROAD 4270 IN DECATUR. I GUESS I'M PRETTY NEW AT THIS BALLGAME, SO EVERYTHING THEY'VE ASKED ME TO DO, I'VE TRIED TO DO ON THIS PROPERTY. WHEN I BOUGHT THIS PROPERTY, THERE WAS A HOUSE THERE. THE MINUTE I BOUGHT IT, THE CITIES CONTACTED ME. THERE'S PEOPLE STAYING THE NIGHT IN THERE. THERE'S NEEDLES, SYRINGES, ALL KINDS OF STUFF IN THERE. SO WE WENT AND BOARDED IT UP UNTIL WE GOT PERMITS TO TEAR IT DOWN. SO AFTER WE TORE IT DOWN, WE WENT TO THE CITY TO FIGURE OUT HOW TO HANDLE AND CONTROL THIS AND DO THIS. AND I WAS TOLD TO GET A TO IN ORDER TO DO THIS. THIS IS THE DUPLEX THAT YOU ARE SITTING HERE. IT'S GOING TO FACE TRINITY. AND THEN THERE'S A SINGLE FAMILY RIGHT BEHIND IT FACING PRINCE IS WHAT WE'RE PROPOSING. BUT THEY ASKED ME TO DO THIS, SO I WENT TO THE THE NEIGHBOR BEHIND ME. THERE WAS AN ALLEYWAY IN THE SURVEY. SO I REACHED OUT TO THE YOUNG LADY BEHIND ME OR THE LADY BEHIND ME AND MADE A DEAL WITH HER ON HALF OF THE ALLEYWAY, THE TEN FOOT, GO TO THE TITLE COMPANY, DO THE TITLE WORK. THEY DID ALL THE TITLE WORK, WENT BACK TO HER, GOT IT NOTARIZED AND SIGNED IT, DID ALL THE LEGWORK, CARRIED IT BACK TO THE CITY. THE CITY AT THAT POINT TELLS ME THAT I NEED I DON'T NEED A DEED, THAT I NEED AN AFFIDAVIT. SO I GO GET AN AFFIDAVIT, GET IT SIGNED OR DRAW IT UP. GET IT SIGNED, GET IT NOTARIZED, CARRY IT TO THE COUNTY CLERK, GET IT FILED. TAKE THAT. THEN WHEN THEY HAD THE MEETING FOR THE ZONING AND FOR THE REPLAT, I GUESS, AND I'M NOT REALLY SURE, BUT THE ATTORNEY THERE SAYS YOU DON'T NEED AN AFFIDAVIT, YOU NEED A DEED, WHICH WE HAVE. WE DID THAT FIRST. SO I GUESS THAT GOT PUSHED TO THE NEXT MEETING AND THEN MEANWHILE THEY APPROVED THE ZONING. THEN I GET A PHONE CALL THAT I GUESS SOME OF THE SIBLINGS WAS WAS NOT HAPPY WITH THEIR MOMMA FOR DOING THIS DEAL AND THEY SAID WE HAD TO PROVE THAT SHE OWNED IT. SO I WENT TO THE TITLE COMPANY, DONE ALL MY LEGWORK. MS.. BILLY DUNN DOES OWN THE LAND. HER HUSBAND PASSED AWAY, THEN THE LAND WENT STRICTLY TO HER. AND I GUESS AT THAT POINT, IF SOMETHING HAPPENS TO HER, THEN IT GOES TO THE SIBLINGS. SO I'VE GOT A COPY OF MY DEED WHERE I BOUGHT THE LAND FROM HER AND IT'S BEEN FILED AND EVERYTHING DONE AND THEN AS WELL HAVE ALL THE PAPERWORK FROM HER WHERE SHE OWNS THE LAND WHERE THERE'S PROOF THAT SHE'S THE OWNER OF THE LAND. AND AFFIDAVITS FROM 2010 WERE WHEN HER HUSBAND WAS DECEASED, THAT IT ALL WENT TO HER. SO I DON'T KNOW, THE NEXT STEP I NEED TO DO, THIS IS GETTING DRUG OUT AND I'M WILLING TO DO WHATEVER WE NEED TO DO. BUT I FEEL LIKE I'VE DONE EVERYTHING THAT I'VE BEEN ASKED AND I HAVE EVERYTHING THAT [01:10:03] NEEDS. SO WHATEVER THE NEXT STEP IS, I GUESS IF SOMEONE TO LET ME KNOW, WE'RE WILLING TO DO WHATEVER NEEDS TO BE DONE AND THE DEAL IS SO Y'ALL KNOW, WE'RE TRYING TO MAKE THIS NICE. IT'S NOT GOING TO BE A SHACK OR A ONE BEDROOM SHED OR I MEAN, I GOT THE PLANS. Y'ALL CAN SEE IT'S A NICE DUPLEX WITH A NICE SINGLE HOME AND IT MEETS ALL THE REQUIREMENTS. ONE BLOCK OVER IS ANOTHER DUPLEX FROM THIS DUPLEX. AND THEN THE PROPERTY DIRECTLY NORTH OF THIS CROSS PRINCE IS A RENT HOUSE. THE ONE NORTH OF THAT'S A RENT HOUSE. THE ONE DIRECTLY SOUTH OF THIS IS A RENT HOUSE TO THE WEST OF IT TO RENT HOUSE. SO I KIND OF FEEL LIKE IT FITS THE PROGRAM PRETTY GOOD. Y'ALL MIGHT TELL ME A LITTLE DIFFERENT, BUT I DON'T KNOW HOW IT DOESN'T FIT. SO THAT'S WHAT I KIND OF WANT TO PROPOSE TO YOU ALL. VERY GOOD. THANK YOU. THANK YOU ALL VERY MUCH. DO WE HAVE ANYBODY ELSE SIGNED UP FOR COMMENT? MR. CHARLES DODD. THANK YOU FOR THIS. CHARLES DODDS, 1204 SOUTH TRINITY. THANK YOU, SIR. AND I'M OPPOSED TO IT. I'D LIKE TO SEE MORE NEIGHBORHOOD INTEGRITY. IT'S KIND OF THE SAME THEME AS THEY WERE TALKING ABOUT ON THE OTHER ZONING. YOU KNOW, THE DUPLEX ON PRINCE AND STATE THAT HE WAS MENTIONING HAPPENED AS I WAS MOVING IN. I WASN'T QUITE THE PROPERTY OWNER YET AND SO I WASN'T NOTIFIED WHERE I COULD HAVE ARGUED AGAINST THAT ONE AS WELL. I HAVE LIVED IN CITIES WELL, THE COLONY, SPECIFICALLY WHERE I WAS A CITY COUNCILMAN AND I SAW WHAT HAPPENED WHEN NEIGHBORHOODS STARTED BECOMING DUPLEXES. THE PROPERTY VALUES GO DOWN. THE INITIAL OWNER OR THE INITIAL BUYERS OF THE DUPLEXES, THERE WERE YOUNG FAMILIES, YOU KNOW, STARTING OUT AND THAT'S GREAT. BUT WHEN THEY LEFT, EITHER THEY KEPT IT AND TURNED IT TO A RENTAL OR THEY SOLD IT TO SOMEBODY ELSE WHO TURNED THEM INTO RENTALS AND THE WHOLE NEIGHBORHOOD WENT DOWN. OKAY. NOW, I'M NOT SAYING THE NEIGHBORHOODS UP OR DOWN BECAUSE OF RENTALS, BUT I'M SAYING THAT DUPLEXES TENDED TO EXACERBATE THAT, AT LEAST IT DID IN THE COLONY. NOW, I'M FOR ARGYLE, TOO, BY THE WAY, IF WE'RE GOING TO IF WE'RE GOING TO GO THAT ROUTE, I JUST FEEL LIKE WE NEED TO PROTECT. THIS IS A 100 PLUS YEAR OLD NEIGHBORHOOD. OKAY? IT'S PART OF HISTORIC DECATUR. AND WE DON'T NEED TO START BUILDING STUFF, DUPLEXES AND QUADPLEXES AND TOWNHOMES IN THOSE AREAS. WE NEED TO TRY TO STICK TO THE INITIAL ZONING AND IN THE AREA. AND THAT'S ALL I HAD TO SAY. THANK YOU. THANK YOU. DO YOU HAVE ANYONE ELSE? ALL RIGHT. ALL RIGHT. IS THERE ANY OTHER COMMENT FROM STAFF? NO. I'M SORRY. PLEASE FORGIVE MY PARENTS. I WAS GOING TO DO THIS BY PHONE. ME AND MY BROTHER, BUT WE DIDN'T HAVE ONE ID NUMBER. I'M THE DAUGHTER. IF YOU'D STATE YOUR NAME AND YOUR... BELINDA DUNN. AND BILLIE DUNN IS MY MOTHER. WE CAN'T HEAR HER. WE CAN'T HEAR HER. WOULD YOU MIND STATING YOUR ADDRESS, PLEASE? ALL RIGHT. THANK YOU. [01:15:23] THANK YOU. APPRECIATE YOUR COMMENTS. DO WE HAVE ANY OTHER SPEAKERS? ALL RIGHT. AGAIN, ANYBODY ELSE FROM STAFF? YOU WANT TO CLOSE THE PUBLIC HEARING? I WILL. SURE, I WILL. I WILL CLOSE THE PUBLIC HEARING. OKAY. SO LET ME TRY AND SHED A LITTLE BIT OF LIGHT ABOUT THE ISSUE WITH THE AFFIDAVIT AND THE DEED. SO ESSENTIALLY, WHEN WE ZONE A PIECE OF PROPERTY, WE HAVE TO HAVE PERMISSION FROM THE OWNER OF THAT PROPERTY. SO WHAT WAS PRESENTED TO THE STAFF WAS WHAT APPEARS TO BE TITLED TO THE PROPERTY. THIS ISSUE CAME UP THAT THERE'S AN ALLEY IN THE BACK AND THAT GENERALLY SPEAKING, WHEN THE CITY DIVESTS ITSELF OF PROPERTY, EACH PROPERTY OWNER ON EITHER SIDE HAS THE RIGHT TO PURCHASE THAT PROPERTY. SO THAT PART OF THIS WAS HAVING TO DO WITH AN ALLEY ABANDONMENT. SO GENERALLY SPEAKING, IF YOU ABANDON THE ALLEY, THEN THE CITY, IF IT OWNS THE PROPERTY AND FEE, NOT AN EASEMENT, IT OWNS A PROPERTY AND FEE, THEN THE CITY CAN SELL, YOU KNOW, DOWN THE MIDDLE TO EACH PROPERTY OWNER OR EACH PROPERTY OWNER MAY ALREADY OWN DOWN THE MIDDLE. I DON'T KNOW WHAT THE CASE IS HERE. SO WHAT WAS REPRESENTED WAS THAT THE PROPERTY OWNER, MISS DUNN, HAD ALREADY RELINQUISHED. SHE WAS NOT INTERESTED IN HER ONE HALF OF THAT ALLEYWAY SO THAT THE PROPERTY OWNER NOW HAD THE RIGHT TO ALL OF THAT. SHE WOULDN'T HAVE DEEDED ANYTHING TO HIM BECAUSE, YOU KNOW, AT THAT POINT, UNLESS SHE OWNED IT TO THE MIDDLE OF THE ROAD, SHE WOULDN'T HAVE HAD ANYTHING TO DEED. SO ALL SHE CAN DO IS SAY, I DON'T HAVE ANY INTEREST IN THAT PIECE OF PROPERTY. IF THE CITY WANTS TO SELL IT TO ME, I DON'T WANT THAT PORTION OF THE ALLEYWAY. AND THE REASON THAT BECOMES IMPORTANT IS BECAUSE WE HAVE TO KNOW THAT WE'RE DEALING WITH THE PROPERTY OWNERS. SO THE CLAIM CAME UP FROM THE FAMILY OF MS.. DUNN THAT SHE DIDN'T HAVE CAPACITY TO ENTER INTO THIS AGREEMENT TO RELINQUISH HER RIGHTS. THAT WAS AFTER WE'D SAID, JUST GET AN AFFIDAVIT TO WHERE SHE'S SAYING SHE'S GOING TO RELINQUISH. SHE'S NOT INTERESTED IN IT. AND THAT'S TYPICALLY DONE BEFORE WE ATTEMPT TO SELL ANY PROPERTY. AT THIS POINT, I DON'T EVEN KNOW IF THAT PROPERTY IS OWNED. IT WAS JUST DESIGNATED AS AN ALLEY AND THE RECORDS ARE POOR. SO I CAN'T JUST ASSUME THAT WE OWN IT OR DON'T OWN IT, CAN'T SEE THE PROPERTY OWNERS OWN IT OR DON'T OWN IT. SO THERE'S TWO ISSUES HERE. ONE, ONE OF WHICH IS HOW DO WE ZONE THIS PIECE OF PROPERTY? WE HAVE TO MAKE SURE THAT WE'RE DEALING WITH THE ACTUAL PROPERTY OWNER, AND THAT'S THE ZONING ISSUE THAT IS BEFORE THE COUNCIL TONIGHT. AND SO THEY'VE SUBMITTED SOME DOCUMENTS TODAY, WHICH I'VE LOOKED AT. I'M NOT SURE THAT IT HELPS ME. I HAVE A LOT MORE QUESTIONS, SO WE'RE KIND OF TRYING TO WORK THROUGH THAT. BUT THIS IS FIRST READING, BUT WE DO HAVE TO MAKE SURE THAT WE HAVE THE PROPER PROPERTY OWNER ASKING TO REZONE A PIECE OF PROPERTY. SO TWO ISSUES. ONE, ZONING OF THE PROPERTY AND THE OTHER IS APPARENTLY SOME CLAIM TO A PORTION OF THE PROPERTY THAT USED TO BE AN ALLEY OF SOME SORT. SO BUT THE QUESTION BEFORE THE COUNCIL TONIGHT FOR DISCUSSION, IF YOU CHOOSE TO HAVE THAT TONIGHT, IT IS FIRST READING, BUT YOU CAN HAVE SOME DISCUSSION AMONG YOURSELVES IS WHAT DO YOU THINK ABOUT THIS ZONING PROPOSITION? AND THEN BY THE TIME WE GET TO THE NEXT COUNCIL MEETING WHERE YOU'RE ACTUALLY GOING TO CONSIDER IT, WE'RE GOING TO HAVE THE OWNERSHIP ISSUES AT LEAST HOPEFULLY RESOLVED, IF NOT AT LEAST BE ABLE TO TELL YOU MORE DEFINITIVELY WHO OWNS WHAT. COUNCIL, I HAVE A QUESTION. GO RIGHT AHEAD, SIR. SO IF HE PURCHASED THE PROPERTY OR MONEY TRANSFERRED HANDS AND THE DEED WAS FILED AND RECORD KEEPING WAS DONE AT A TITLE OFFICE AND THEN HE GOES BACK AND GETS THE AMENDMENT. HOW DO WE GO BACK TO HIM AND SAY, KEITH, YOU DON'T OWN THAT BECAUSE OF THE POOR RECORD KEEPING, WHAT DOES THE TITLE COMPANY ACCEPT AS LEGAL TRANSFER OR RIGHTFUL TRANSFER OF OWN PROPERTY? IT SHOULD BE FOR THE TITLE COMPANY PURPOSES. IT SHOULD BE A DEED. AND AT THE POINT, YOU KNOW, I DID NOT KNOW THAT THERE WAS A DEED. SO THAT WAS A MATTER OF DID SHE RELINQUISH THE PROPERTY? IF SHE DID, THEN LET HER GET THE AFFIDAVIT. I WAS NOT THE LAWYER WHO SAID A DEED WAS REQUIRED THAT WAS A P&Z COMMISSIONER. SO WE BASICALLY AT THAT POINT I HAD SAID, JUST GET AN AFFIDAVIT. SHE'S GOING TO RELINQUISH HER RIGHT TO PURCHASE THAT PROPERTY. IF WE DO OWN IT, IF WE DON'T OWN IT, THEN A DEED WOULD WORK. SO EITHER WAY IT LOOKS TO BE COVERED. BUT THIS ALL CAME UP IN A PNZ MEETING AND WE ASKED FOR SOME ADDITIONAL DOCUMENTATION JUST TO KIND OF GET DOWN TO THE BOTTOM OF WHAT OCCURRED. BUT IN MY OPINION, IF IT IS OWNED BY THE CITY, THE CITY WOULD HAVE TO ABANDON IT. [01:20:06] THAT WILL OCCUR. THAT CAN OCCUR AT PLATTING OR CONCUR SEPARATELY BEFORE THAT. AND IF WE ONLY HAD AN EASEMENT THERE AND WE PUT AN ALLEY OVER IT, WE DON'T HAVE FEE SIMPLE TITLE TO IT. IF WE OWNED IT IN FEE, THEN UNDER THE LAW TO DIVEST OURSELVES OF THAT UNDERLYING PROPERTY UNDER THE STREET, WE WOULD HAVE TO OFFER IT TO BOTH SIDES. WE COULD DO THAT AT LESS THAN FAIR MARKET VALUE. I DON'T KNOW THE ANSWERS TO THOSE QUESTIONS. SO EITHER WAY, IF WE DO OWN IT, THEN THEY GAVE US AN AFFIDAVIT THAT SAID, I'M NOT INTERESTED IN ADDING THAT PORTION TO MY PROPERTY. IF WE DON'T OWN IT, THEN APPARENTLY A PRIVATE TRANSACTION HAS OCCURRED AND THE CURRENT PROPERTY OWNER HAS A DEED. SO WHAT WHAT MY UNDERSTANDING OF THE FAMILY'S CONCERN WAS THEY DID NOT BELIEVE THAT THEIR MOM HAD THE CAPACITY TO ENTER INTO THAT. THAT'S A CIVIL MATTER. THAT'S NOT A MATTER FOR THE CITY. SO BUT RIGHT NOW, WE'RE JUST TRYING TO MAKE SURE WE HAVE EVERYTHING IN ORDER AND ARE COMFORTABLE THAT WE KNOW WHO ACTUALLY OWNS IT. WE HAVE THAT BACK UP INFORMATION ON THE UNDERLYING INTEREST. IS IT EASEMENT? IS IT FEE, SO? THAT'S WHERE WE ARE. SO ANY OTHER QUESTIONS OR COMMENTS? FROM EITHER COUNCIL OR CITY STAFF. ALL RIGHT. THANK YOU. AGAIN, THIS WILL BE FIRST READING AND AND IF YOU WANT TO BE SAFE AT THE NEXT MEETING, YOU CAN EXTEND THE PUBLIC HEARING FOR MORE COMMENTS IF THERE NEEDS TO BE. ALL RIGHT. ITEM FIVE IS TONIGHT'S CONSENT AGENDA. [5. CONSENT AGENDA] THERE'S ONE ZONING REPLAY OUR FINAL PLAT. THERE'S FOUR ITEMS ON TONIGHT'S CONSENT AGENDA. FINAL PLAT APPLICATION LOT ONE, BLOCK TWO REGIONAL TOWN OF DECATUR BEING APPROXIMATELY 55 ACRES AND BEING A REPLAT OF LOTS ONE, TWO, THREE AND FOUR. BLOCK TWO ORIGINAL TOWN OF DECATUR, TEXAS, AND MORE COMMONLY REFERRED TO AS 106 SOUTH TRINITY STREET. THIS IS APPLICATION AND REPLAY AT 2022 TO ESRI AND IT'S FREE TO ON BEHALF OF THE CITY OF DECATUR. THIS IS IN CONJUNCTION WITH THE THE ATM THAT'S BEING PROPOSED ON THE SQUARE. AND OBVIOUSLY THERE WERE A WHOLE BUNCH OF LOTS AND WE'RE JUST TRYING TO REPLANT IT INTO LOT ONE SO YOU CAN TAKE ACTION ON THAT ONE TONIGHT IF YOU WANT. AND THEN THE OTHER CONTINGENT CONSENT AGENDA ITEMS ARE A REQUEST BY THE MAINSTREET PROGRAM FOR THE GLITZY GIRL TRAILER PARK EVENT ON SATURDAY, APRIL 16TH. AND THAT'S THE 100 BLOCK OF STATE, AND FROM 3 TO 7 ON SATURDAY TO 3:00 ON THE 15TH TO 7:00 ON THE 17/16 AND THE CLOSURE OF THE HUNDRED BLOCK OF WALNUT STREET, THE 100 BLOCK OF STATE STREET, AND THE 100 BLOCK OF MAIN STREET AND THE 100 BLOCK OF TRINITY STREET. THAT'S ALL FOUR SIDES ON A SATURDAY, OCTOBER 16TH, FROM 6 A.M. TO 7 P.M.. ITEM C IS CONSIDERING TAKE ACTION REGARDING A REQUEST BY THE MAIN STREET PROGRAM FOR THE STREET CLOSURES FOR THE 22 CRUISE NIGHTS ON THE SQUARE AS FOLLOWS. IT'D BE THE SAME AS ALWAYS ON THE ON THOSE FOUR BLOCKS. AND THE TIMES ARE MAY 7TH, JUNE 4TH, AND SEPTEMBER 3RD AND OCTOBER 1ST. AND THEN ITEM D IS CONSIDER AND TAKE ACTION ON APPROVAL OF THE BILLS OF COUNCIL MEETING HELD FEBRUARY 28TH AND THE BILLS AND INVOICES FOR FEBRUARY. SO AS ALWAYS, YOU CAN PULL ANY OF THOSE ITEMS OFF THE CONSENT AGENDA FOR INDIVIDUAL ACTION, OR YOU CAN CONSIDER THE CONSENT AGENDA AS PRESENTED. LOOK FOR MOTION. I'LL MAKE A MOTION TO APPROVE THE CONSENT AGENDA AS WRITTEN. ON SECOND THOUGHT. ALL RIGHT. ANY QUESTIONS ON THAT MOTION? BUT ALL THOSE IN FAVOR OF THAT MOTION SAY I OPPOSE SAME SIGN AND THAT PASSES UNANIMOUSLY WITH THOSE IN ATTENDANCE. ITEM NUMBER SIX IS CONSIDER AND TAKE APPROPRIATE ACTION ON THE REVISED SELECTION [6. CONSIDER AND TAKE APPROPRIATE ACTION ON THE REVISED SELECTION CRITERIA, PROCESS AND METHODOLOGY FOR CANDIDATES DESIRING TO SERVE ON THE PLANNING AND ZONING COMMISSION.] CRITERIA, PROCESS AND METHODOLOGY FOR CANDIDATES DESIRING TO SERVE ON THE PLANNING AND ZONING COMMISSION. ITS APPLICATION STAFF INITIATED 2021-1, CITY OF DECATUR THE PLANNING ZONING RECOMMEND APPROVAL OF 6 TO 0 AND DEDRA I THINK THERE'S MEMBERS OF THE P AND Z HERE AS WELL, BUT DEDRA YOU WANT TO LEAD US THROUGH THIS ONE? SURE. BUT I THINK ALSO WILL POSEY MAY WANT TO GET UP AND SPEAK AND REITERATE. I MET WITH THE COMMISSIONERS AND BASICALLY IN TERMS OF THE CRITERIA, PROCESS AND METHODOLOGY. AH, NEXT SLIDE, PLEASE. THESE ARE THE STEPS THAT P&Z IDENTIFIED. UM STEP ONE, WE'RE GOING TO PROVIDE APPLICANTS WITH THE REVISED APPLICATION. THE APPLICATION WILL REFLECT ESSAY QUESTIONS THAT ARE GENERAL IN NATURE. [01:25:03] STEP TWO, THEIR COMPLETED APPLICATIONS WILL BE PROVIDED TO THE COMMISSIONERS IN THEIR P&Z PACKET FOR REVIEW PRIOR TO THE APPOINTED MEETING DATE. STEP THREE, COMMISSIONERS WILL DELIBERATE IN EXECUTIVE SESSION. APPLICANTS WILL BE INFORMED, THEY WILL BE NOTIFIED BY TELEPHONE OF THE P&Z RECOMMENDATION. AND THAT'S BASICALLY THEY DON'T HAVE TO. THEY DO NOT NEED TO BE IN ATTENDANCE AT THE MEETING. THERE WILL NOT BE ANY INTERVIEWS UNLESS DEEMED APPROPRIATE, WHICH IS STEP FOUR. IF THE COMMISSION DEEMS THAT APPROPRIATE AND ADDITIONAL INFORMATION IS NEEDED, THEY MAY OPT TO MEET WITH ALL OF THE APPLICANTS. AND THEN STEP FIVE COMMISSION WILL MAKE A RECOMMENDATION AT THE NEXT MEETING OR A SPECIAL CALL MEETING, AND THAT'S BASICALLY WHAT THEY'VE IDENTIFIED AS THEIR STEPS IN THE PROCESS. NEXT STEP, I DID PROVIDE YOU WITH A COPY. NEXT SLIDE, PLEASE, OF THE REVISED APPLICATION. AND THIS IS IT. NEXT SLIDE, PLEASE. AND THE PLANNING AND ZONING COMMISSION DID RECOMMEND APPROVAL 6 TO 0. AND WILL, IF YOU WOULD LIKE TO SPEAK, PLEASE DO SO. AND IF YOU WOULD IDENTIFY YOURSELF, PLEASE. FOR SOME REASON, WE CAN'T HEAR HIM. THE LIGHT IS FLASHING. NOW IT'S SOLID GREEN. OKAY. ALL RIGHT. MY NAME IS WILL CLOSEY. I AM A MEMBER OF THE PLANNING AND ZONING COMMISSION. REALLY JUST MADE MYSELF AVAILABLE TO ANSWER ANY QUESTIONS YOU MIGHT HAVE AND JUST TO SUMMARIZE THE BASIC CHANGES. AS YOU KNOW, WE'VE BEEN AT THIS FOR ABOUT A YEAR. WE'VE HAD A COUPLE OF DIFFERENT PROCESS CHANGES THAT WELL, INITIALLY WE DIDN'T HAVE A PROCESS AND THEN WE WENT TO A PROCESS THAT WAS OVERLY CUMBERSOME AND LED TO SOME CONFUSION. BUT NOW I THINK WE'VE GOT A REALLY GOOD, ROBUST PROCESS HERE TO ADEQUATELY AND SUFFICIENTLY ANALYZE, GET INFORMATION FROM VARIOUS CANDIDATES WHO MIGHT BE INTERESTED IN SERVING ON THE PLANNING ZONING COMMISSION. SO THERE IS AN APPLICATION THERE. WE GO THROUGH SOME VARIOUS INFORMATION SUCH AS, YOU KNOW, WE JUST GET THE BASIC CANDIDATE INFORMATION. WHERE ARE YOU FROM? YOU KNOW, NAME, ADDRESS, CONTACT INFORMATION, THINGS LIKE THAT. WHY DO YOU WANT TO SERVE? WHAT ARE YOUR INTERESTS INDICATOR? DO YOU OWN A BUSINESS INDICATOR? BUSINESSES INDICATOR? DO YOU OWN RENTAL PROPERTY? DO YOU OWN A HOUSE? THINGS OF THAT NATURE THAT MIGHT BE RELEVANT TO OUR ANALYZING THEIR APPLICATION. AND THEN WE GO INTO THINGS LIKE WHAT RELEVANT EXPERIENCE DO YOU HAVE WITH ZONING? ARE YOU A DEVELOPER? HAVE YOU DONE THIS TYPE OF WORK BEFORE? YOU KNOW, WHAT INFORMATION DO YOU HAVE AND EXPERIENCE DO YOU HAVE WITH ORDINANCES? THINGS THAT MIGHT HELP US UNDERSTAND THAT THEY DO HAVE MAY OR MAY NOT HAVE A BACKGROUND IN THAT PARTICULAR AREA, AND THEN WE ASK FOR POTENTIAL CONFLICTS OF INTEREST. YOU KNOW, OBVIOUSLY CONFLICTS DO COME UP FROM TIME TO TIME. AND WE EXPECT OUR, YOU KNOW, COMMISSIONERS ARE GOING TO RECUSE THEMSELVES WHEN WHEN THAT HAPPENS. BUT WE DO WANT TO SEE IF THERE'S ANY POTENTIAL CONFLICTS OF INTEREST THAT MIGHT BE OF INTEREST WHEN WE'RE WHEN WE'RE LOOKING AT CANDIDATES. SO THAT'S THE APPLICATION ITSELF. THE PROCESS IS ESSENTIALLY CHANGED THAT WE'VE REMOVED THIS SELF-ASSESSMENT WHERE A CANDIDATE WOULD SCORE THEMSELVES, WHICH LARGELY LED TO THE CONFUSION LAST TIME. A LOT OF YOUR COUNCIL PEOPLE WERE LOOKING AT THE SCORES, THINKING THAT WE WERE SCORING THEM, BUT THEY WERE ESSENTIALLY SCORING THEMSELVES. AND WE REMOVED THAT, WENT TO A BASIC, YOU KNOW, ESSAY TYPE APPLICATION AND THEN REALLY ALSO REMOVED THE A REQUIREMENT THAT THERE BE AN INTERVIEW. IN OTHER WORDS, WE MADE THE INTERVIEW OPTIONAL. IF WE HAVE ONE OPENING AND THERE'S ONE CANDIDATE AND THAT CANDIDATE LOOKS LIKE THEY WOULD BE A GOOD FIT, THERE'S NO REAL REASON TO BRING THEM IN FOR AN INTERVIEW. OR ALTERNATIVELY, IF THERE'S ONE OPENING AND TWO APPLICATIONS AND ONE CANDIDATE IS A CLEAR MATCH, WHEREAS THE OTHER ONE MAYBE DOESN'T LOOK LIKE THEY'RE A GOOD FIT, THEN WE CAN JUST GO AHEAD AND RECOMMEND THAT INDIVIDUAL WITHOUT BRINGING IN BOTH INDIVIDUALS AND INTERVIEWING THEM AND CAUSING POTENTIAL ISSUES. [01:30:01] SO ANY QUESTIONS. WILL. YES. LOOKING THROUGH SOME OF THE QUESTIONS ON HERE, ARE YOU GOING TO VALIDATE? OOH, THAT'S A THAT'S A REALLY GOOD QUESTION. I HADN'T CONSIDERED THAT. I COULD WORDSMITH THE HECK OUT OF THIS, THAT IS THAT IS THAT'S A REALLY GOOD QUESTION. I HAVE REALLY HADN'T THOUGHT ABOUT THAT. BUT IT'S SOMETHING I HAVE TO THINK ON PROBABLY, PROBABLY WOULD NEED TO VALIDATE AND GO MAKE SOME PHONE CALLS AND AND SEE HOW THAT. BUT THAT'S A GREAT QUESTION. I HADN'T THOUGHT ABOUT THAT. OTHER QUESTIONS OR COMMENTS. I THINK THIS FORM'S PROBABLY BEEN REVIEWED BY CITY STAFF. CAN CAN WE GET ANY INPUT FROM CITY STAFF ON THEIR REVIEW OF THIS DOCUMENT? YES, WE'VE REVIEWED IT AND WE DON'T HAVE ANY ISSUES WITH IT. IN FACT, WE WORK WITH THE COMMISSIONERS TO COME UP WITH THESE QUESTIONS. AND WHO INTERNALLY ASSISTED IN THE REVIEW PROCESS. TO WHERE? BUT NOT LIMITED TO. WELL, WE HAD OUR CITY ATTORNEY, WE HAD STAFF, ME, CHERYL, MYSELF AND CHERYL, AND THEN THE COMMISSIONERS GAVE US INPUT. AND I KNOW. HOW DO WE HOW DO WE HAVE THE PUBLIC AWARE OF THE OPENING? DO WE HAVE A PROCESS? I DIDN'T I DON'T KNOW IF I SAW THAT IN STEP ONE. WE PUT THE NOTIFICATION... OUTSIDE OF THE QUESTION OF THIS. JUST WANT TO CONFIRM. HEY, THERE IS A PROCESS FOR THAT. WELL, THE PROCESS IS MAYOR TO WE PUT IT ON OUR WEB PAGE WHEN THERE IS AN OPENING. VERY GOOD. WE DON'T PUT A NOTICE IN THE PAPER. I SUPPOSE WE COULD DO THAT AS WELL. BUT WE DIDN'T PUT IT ON OUR WEB PAGE AND ON THE CITY'S WEB PAGE. I KNOW ULTIMATELY WITH DISCUSSION OR COMMENTS THAT I'VE HEARD IS I THINK THERE IS A DESIRE TO HAVE KIND OF A SYSTEMIC PROCESS THAT THAT CAN BE IMPLEMENTED FOR THIS. AND I THINK THAT'S REALLY GOOD. SO WE HAVE A PROCESS WHERE IF THERE IS AN OPENING, THERE IS NOTIFICATION ON THE WEBSITE, PEOPLE CAN APPLY. WE'VE GOT A FORUM FOR PEOPLE TO COMPLETE. WE'VE GOT A PROCESS FOR EVALUATION OF THAT AND AND THE ABILITY TO MAKE A CONCLUSION AND HAS SOME LEVEL OF FLEXIBILITY AS NEEDED. SO THE THE OTHER COMMENT I WOULD LIKE TO MAKE REGARDING THIS IS I THIS SEEMS TO BE A VERY SOLID PROCESS. KIND OF LIKE TO GET THE CONVICTION COMMITMENT FROM ANYBODY ELSE ON THE COUNCIL. I WOULD KIND OF LIKE TO SEE IT POSTED IN THE NEWSPAPER BECAUSE. I THINK THAT MIGHT GET OUT TO JUST A LITTLE BIT BROADER AUDIENCE. I MEAN, I DON'T GO CHECK THE CITY WEBSITES VERY OFTEN MYSELF. OH, I CHECK IT ALL THE TIME. THAT'S MY FAVORITE BATHROOM READING IN THE MORNING. IT'S WHAT'S GOING ON NEW AND EXCITING WITH THE CITY. I. I AM ON BOARD WITH MY SISTER OVER THERE TO MAYBE SOME OTHER TYPE OF INFORMATION. LET'S GET THAT OUT. I MEAN, NEWSPAPER. UPDATE. SOCIAL MEDIA. SOCIAL MEDIA. YOU GUYS HEARD ABOUT THAT? ALL RIGHT. ANY OTHER COMMENTS? I THINK THE OTHER COMMENT I'D LIKE TO I LIKE THAT AS WELL. I THINK THAT WOULD BE A GOOD PROCESS. I THINK I WOULD ALSO LIKE TO SEE THIS SAME PROCESS BE IMPLEMENTED FOR OUR OTHER BOARDS THAT WE HAVE. SO WE HAVE CONSISTENCY AMONG SELECTION FOR THOSE VACANCIES THAT COME UP. OBVIOUSLY, IT MIGHT NEED TO BE TWEAKED WHERE IT DOESN'T SAY PLANNING AND ZONING COMMISSION APPLICATION, BUT OBVIOUSLY AS APPROPRIATE. I KEEP LOOKING OVER HERE, MARIANNE, AS I KIND OF FEEL LIKE, YOU KNOW, THE HUMAN RESOURCE ASPECT OF THAT MIGHT BE SOMETHING THAT COULD REALLY HELP THE CITY WITH. ALL RIGHT. SO DO WE HAVE A MOTION? MR. MAYOR, I'D LIKE TO MAKE A MOTION. I MOVE TO APPROVE APPLICATION SI2021-01. I SECOND. ALL RIGHT. SO WE HAVE A MOTION, BEFORE AS ANY QUESTIONS ABOUT THAT MOTION. ALL THOSE IN FAVOR OF THAT MOTION SAY AYE. AYE. THOSE OPPOSED, SAME SIGN. [01:35:03] ALL RIGHT. AND THAT PASSES UNANIMOUSLY WITH COUNCIL PRESENT. ALL RIGHT, ITEM SEVEN IS CONSIDERING TO TAKE APPROPRIATE ACTION ON THE FIRST READING OF [7. CONSIDER AND TAKE APPROPRIATE ACTION ON A FIRST READING OF AN ORDINANCE AMENDING THE CITY'S SUBDIVISION REGULATIONS TO PROVIDE FOR A THREE (3) YEAR PERIOD OF EFFECTIVENESS FOR CURB, GUTTER AND SIDEWALK VARIANCES WHEN USE REMAINS THE SAME.] AN ORDINANCE AMENDING THE CITY SUBDIVISION REGULATIONS TO PROVIDE FOR A THREE YEAR PERIOD OF EFFECTIVENESS FOR CURB, GUTTER AND SIDEWALK VARIANCES WHEN USE REMAINS THE SAME. THE PLANNING AND ZONING COMMISSION DOES NOT SUPPORT THIS PROPOSED AMENDMENT AND RECOMMEND NO CHANGES TO THE CURRENT PROCESS. AND THEY VOTED 6 TO 0. STAFF INITIATED 202-202 DASH ZERO TWO. DEDRA, YOU WANT TO LEAD US THROUGH THIS ONE? I HATE MYSELF FIRST. ALL RIGHT. I'M VERY FAMILIAR WITH THIS. WE CAN DETERMINED THAT IF A GREATER VARIANCE TO ANY CURB, GUTTER OR SIDEWALK REQUIREMENT OF THE CITY'S CODE OF ORDINANCES, SUCH VARIANCE SHALL REMAIN IN EFFECT FOR A PERIOD OF THREE YEARS FROM THE DATE OF THE COUNCIL'S APPROVAL OF SUCH VARIANCE. AND THIS IS PROVIDED THAT THE PROPOSED USE ON THE PROPERTY, ON THE DATE THAT THE VARIANCE WAS GRANTED REMAINS THE SAME DURING THAT THREE YEAR PERIOD, REGARDLESS OF ANY CHANGE TO THE PROPERTY'S OWNERSHIP. AND SO THE LEGAL TEAM PUT TOGETHER THE ORDINANCE THAT'S INCLUDED IN YOUR PACKAGE. WE DID TALK TO THE PLANNING AND ZONING COMMISSION ABOUT IT, AND IT'S STATED THEY DID NOT SUPPORT THE AMENDMENT AND RECOMMENDED THAT THERE NOT BE ANY CHANGES TO THE CURRENT PROCESS. THEY FIRST WANTED TO KNOW WHAT PRECIPITATED THIS PARTICULAR CHANGE. WE EXPLAINED TO THEM THAT A PROPERTY OWNER HAD BEEN INTERESTED IN PURCHASING A HOME IN WHICH VARIANCES HAD BEEN GRANTED TO THE PREVIOUS PROPERTY OWNER. AND WHEN THEY SPOKE TO STAFF ABOUT WHETHER OR NOT THOSE VARIANCES CARRIED OVER, WE TOLD THEM NO. IF THEY WOULD HAVE TO SEEK THEIR OWN VARIANCES BASED ON OUR UNDERSTANDING OF WHAT HAD BEEN LEGAL'S OPINION AT THAT TIME. AND SO THAT PROPERTY OWNER, I THINK, WENT AND SPOKE TO A COUNCIL MEMBER COUNCILMEMBER, APPROACHED PATRICIA AND MYSELF, DIDN'T THINK THAT THAT MADE MUCH SENSE AND THEN BROUGHT IT TO THE ATTENTION OF THE BIGGER COUNCIL MEMBERS. AND THAT WAS EXPLAINED TO THE COMMISSIONERS. THEY WERE A LITTLE TAKEN ABACK THAT WE WERE MAKING CHANGES BECAUSE OF ONE PROPERTY OWNER. THEY DID NOT THINK THAT THIS WOULD OCCUR ON A FREQUENT BASIS, AND THEY THOUGHT THAT THE PROCESS THAT WE HAVE RIGHT NOW FOR VARIANCES IS WORKING. SO THAT'S WHY THEY'RE RECOMMENDING NO CHANGES TO THE CURRENT PROCESS. AND THAT RECOMMENDATION AT BRETTON WOODS IN THE 60 ZERO. ALL RIGHT. I UNDERSTAND. ANY OTHER COMMENTS? COUNSEL I WAS NOT THE COUNSEL PERSON, BUT I DO UNDERSTAND WHAT IS KIND OF HAPPENING. AND THE REASON WE CAME UP WITH THREE YEARS IS BECAUSE OF HOW LONG. WE WERE WE HAD A WORKSHOP ABOUT IT. THAT'S HOW WE KIND OF CAME UP WITH THE THREE YEARS. AND THE REASON THE THREE YEAR CAME INTO IT WAS ACTUALLY NIGHT THAT I BELIEVE A DEVELOPER IS HERE TALKING ABOUT AN APARTMENT COMPLEX. IS THAT AS SLOW AS THINGS ARE RIGHT NOW? MATERIALS COMING, BOARD FINANCING COMING ON? TO PUT IT INTO THAT. AND SOMETIMES THINGS CHANGE SO THAT IT'S NOT THIS FLIP FLOP BACK AND FORTH AND TO KILL A PIECE OF PROPERTY. AND I THINK THE BIG PART OF IT WAS THAT THE PROPERTY IS GOING TO BE USED IN THE EXACT SAME WAY THAT THE VARIANCE WAS GRANTED. AND LIKE I SAID, THAT'S THE REASON WE CAME UP WITH THE SIX YEARS. I DON'T REMEMBER IT BEING ABOUT A SINGLE PERSON OR A SINGLE PROPERTY THREE YEARS OR THREE YEARS. I DON'T KNOW WHERE I CAME UP WITH. I SAW SIX UP THERE. THAT'S WHY I CAME UP LIKE FOUR IN MY BRAIN, COME UP TO THE SIX. AND I THINK THAT'S KIND OF WHERE IT CAME FROM. AND I DON'T REMEMBER IT BEING A SINGLE PERSON BEING BROUGHT TO US THAT WAY, BUT THAT'S KIND OF THE WAY I WAS LOOKING AT IT. I THINK WE LOOKED AT IT THAT NIGHT. YEAH, I KNOW. WE HAD DISCUSSION AND I THINK WE WERE LOOKING FOR SIMPLICITY OF PROCESS AND NOT IF WE'VE MADE A DETERMINATION WITHIN A SHORT PERIOD OF TIME. AND AGAIN, I THINK THAT'S KIND OF WHERE WE CAME UP WITH I THINK THERE WAS DISCUSSION ABOUT TWO AND THEN I THINK THERE WAS DISCUSSION ABOUT THREE AND IT WAS JUST REALLY KIND OF TRYING TO BE THOUGHTFUL ABOUT THAT PROCESS IN THE SAME THING, NOT GOING BACK TO THE PLANNING DEPARTMENT P AND THE CITY COUNCIL AND HAVING THE SAME THING. SO WE'RE NOT ENDING UP WITH 248 PAGE PACKETS ON SOME WE TALKED ABOUT. [01:40:02] NINE MONTHS AGO. YEAH. YEAH. I CAN'T FORESEE A SITUATION WHERE WE WOULD GRANT A VARIANCE AND THEN THE PROPERTY CHANGES OWNERSHIP AND THEN NOT GOING TO. RIGHT. GRANT THAT. BUT I, I AM. I THINK THE THE BIG CONCERN WOULD BE THE USE OF THE PROPERTY IF THE USE OF THE PROPERTY CHAINS IS. I THINK THAT'S THE KEY THAT NEEDS TO BE BETTER CLARIFIED IN THIS MYSELF. SO YEAH, I MEAN I THINK WE WERE THAT WAS THE ATTEMPT WAS TO PRESENT THAT AS A. ADMINISTRATIVE. SAVINGS. READING THIS AND THEN LOOKING AT 600, THAT MAKES ME GO. HMM. I MEAN, I. I WOULD RATHER HAVE A LOT OF CONSENSUS AS OPPOSED TO, YOU KNOW, THAT I THINK DIVERSITY AND OPINION IS ALWAYS GOOD TO HEAR AND LISTEN TO. BUT I WOULD HAVE LIKED TO HAVE SEEN MAYBE A BETTER, BETTER UNDERSTANDING. I FEEL LIKE MAYBE THERE MIGHT NOT HAVE BEEN AS GOOD AS UNDERSTANDING POSSIBLY OF WHY WE HAD ASKED FOR IT TO BE THAT WAY. IT'S ABOUT SAVING TIME AND EFFORT BECAUSE A LOT OF TIMES IT'S ALREADY BEEN APPROVED ONCE AND IT'S GOING TO BE APPROVED AGAIN. AND IT'S TIME AND EFFORT. AND WE HEAR EVERY DAY THAT ARE PLANNING DEPARTMENT IS SHORT AND THIS IS A WAY TO HELP THEM SAVE MORE TIME. AND I THINK MAYBE WE'RE AT FAULT, FOR NOT INCLUDING THEM IN A WORKSHOP WHERE WE'RE DISCUSSING THEIR PROCESSES, BECAUSE I THINK THAT WE NEED TO HEAR THEIR PERSPECTIVE AS WELL BEFORE WE MAKE ANY REAL DIRECTIVES. AND SO OBVIOUSLY THEY HAVE A DIFFERENT TAKE ON IT AND THEY NEED TO BE CONSIDERED AS WELL, I THINK. ALL RIGHT. WELL, I'M JUST GOING TO TALK OUT LOUD ABOUT A COUPLE OF THINGS. ONE IS, IF IF THERE IS NO ACTION TAKEN AND THERE'S JUST NO ACTION TAKEN AND WE MOVE ON. THAT DOESN'T MEAN THAT FURTHER CONVERSATION AT A LATER DATE COULD BE. PRESENTED. SO NOT ADVOCATING, BUT AS THE AS DIFFERENT TO SAY, TABLING. WELL, THIS IS THIS IS A FIRST READING. SO IF THERE'S A SECOND READING, THERE CAN BE SOME CHANGES MADE BEFORE. SECOND READING COMES FOR CONSIDERABLE HOUR FOR YOURS TO CONSIDER FORMAL ACTION. WELL, THEN THERE ISN'T A NEED FOR A MOTION AT ALL, SO. BUT I SEE. PATRICIA DO YOU HAVE ANY COMMENTS YOU'D LIKE TO MAKE? PATRICIA. I GUESS I DON'T. IF WE'RE TALKING ABOUT INCLUDING THE P&Z, THEN WE MIGHT NEED TO GET THEM BACK FOR A JOINT WORKSHOP AT THE NEXT MEETING BECAUSE I'M THINKING THERE'S NOT GOING TO BE ANOTHER P&C BETWEEN NOW AND WHEN YOU ALL MEET AGAIN. IT DOESN'T MEAN THAT WE HAVE TO HAVE THE SECOND READING IN THE NEXT AGENDA. BUT I ALSO THINK AND I ACTUALLY WENT BACK AND LISTENED TO THE AUDIO FOR DIFFERENT PURPOSES THIS WEEK AT THE LAST MEETING. AND I THINK THE OVERALL GLOBAL APPROACH WAS GOING TO BE LET'S LOOK AND SEE WHERE WE WANT SIDEWALKS, WHERE THEY MAKE SENSE AND WHERE WE DON'T WANT THEM. SO THAT'S A BIGGER PART OF THIS. I THINK THAT WAS KIND OF THE THE BROADER SOLUTION THAT CAME UP WITH INSTEAD OF CONTINUING TO DEAL WITH THESE TYPES OF THINGS, BECAUSE WE WENT THROUGH A RATHER EXTENSIVE DISCUSSION ON EXEMPTIONS, WHAT APPLIES, WHAT DOESN'T APPLY, WHAT PROPERTY IS, YOU KNOW, SORT OF EXCLUDED FROM HAVING TO GO THROUGH THAT PROCESS. SO AND I THINK THE NEXT STEP IS PROBABLY TO LOOK AT AS COUNCIL PREVIOUSLY DISCUSSED, WHERE DO WE THINK SIDEWALKS GO? WHERE DON'T THEY GO? WHERE DO CURB AND GUTTER GO? WHERE DO THEY MAKE SENSE AND NOT MAKE SENSE? SO THAT WOULD BE SOMETHING THAT I THOUGHT WAS A BIGGER PROJECT. THIS WAS SORT OF A BAND AID SOLUTION. BUT I THINK CERTAINLY IF YOU WANT TO INCLUDE P&Z IN IT TO KIND OF GET THEIR TAKE ON IT, THEN WE CAN POST THAT NEXT TIME FOR JUST A LITTLE JOINT WORKSHOP OR SOMETHING WITH THEM AT THE BEGINNING OF THE MEETING, BECAUSE THEY'RE NOT GOING TO HAVE ANOTHER P&Z MEETING BETWEEN NOW AND WHEN YOU ALL MEET AGAIN, OR YOU CAN PUT IT ON YOUR PUSH IT TO YOUR WRITE YOUR AGENDA IN APRIL AND THEN THAT WOULD BE AFTER THEIR MEETING. SO HOWEVER YOU WANT TO DO IT, THOSE ARE OPTIONS. BUT THIS IS FIRST READING, SO THERE'S NO ACTION TO BE TAKEN. IT'S MORE OF A PLANNING PROSPECTIVELY. WHAT DO YOU WANT TO DO IF YOU ARE TRYING TO INCLUDE P&Z? RIGHT. YEAH, I KNOW WE'VE HAD DISCUSSION AND HAVE FELT LIKE THAT WOULD BE A HEALTHY MEETING TO HAVE AT SOME POINT AS A JOINT MEETING. AND YOU KNOW, CERTAINLY THIS MIGHT BE AN OPPORTUNITY TO BE ABLE TO HAVE THAT AND LOOK AT SOME OTHER OPPORTUNITIES FOR US TO HAVE ON AN AGENDA. I JUST THINK THAT THERE HAS BEEN AN OPPORTUNITY FOR A LOT OF MISUNDERSTANDINGS BETWEEN [01:45:08] COUNCIL ON P AND Z ON THINGS THAT WE DIDN'T INTEND FOR THERE TO BE MISUNDERSTANDINGS ON. AND I JUST THINK THE BEST WAY TO HANDLE IT ALL IS JUST TO HAVE A JOINT WORKSHOP AND DISCUSS THINGS, AND WE ALL WANT TO BE ON THE SAME PAGE, BOTTOM LINE. I THINK THAT SOUNDS LIKE A GOOD PLAN. WELL, WE WILL. WE'LL INSTRUCT CITY STAFF TO SEE IF THEY CAN COORDINATE A MEETING OF SUCH. DEDRA, CAN YOU CONTACT THE MEMBERS OF THE PLANNING AND ZONING COMMISSION TO SEE OF THEIR AVAILABILITY FOR A WORKSHOP? I GUESS TWO WEEKS FROM TONIGHT. IF NOT, MAYBE COUNCIL COULD GO TO THEIR P AND Z MEETING NEXT MONTH FOR A LITTLE WORKSHOP BEFORE THE P&Z MEETING? BUT YES. OR IF THEY JUST SENT SOME REPRESENTATIVES, YOU KNOW, THAT COULD REPRESENT THEM. YES, I CAN LOOK INTO THAT. ALL RIGHT. I LIKE THAT. THANK YOU. YOU'RE WELCOME. VERY GOOD. ITEM NUMBER EIGHT IS CONSIDERING TO TAKE ACTION REGARDING A REQUEST BY THE [8. CONSIDER AND TAKE ACTION REGARDING A REQUEST BY THE POLICE DEPARTMENT ON BEHALF OF CASA AND THE CHILDREN'S ADVOCACY CENTER FOR NORTH TEXAS FOR STREET CLOSURES FOR A FAMILY NIGHT OUT EVENT IN RECOGNITION OF CHILD ABUSE PREVENTION MONTH, SPECIFICALLY THE CLOSURE OF THE 100 BLOCK OF STATE STREET AND THE 100 BLOCK OF MAIN STREET ON APRIL 4TH FROM 3:00 PM TO 8:00 PM, AS WELL AS CONSIDERATION OF APRIL 18™ AS A POSSIBLE BACKUP DATE IN CASE OF BAD WEATHER.] POLICE DEPARTMENT ON BEHALF OF CASA AND THE CHILD'S CHILDREN'S ADVOCACY CENTER FOR NORTH TEXAS, FOR STREET CLOSURES, FOR FAMILY NIGHT OUT IN RECOGNITION OF CHILD ABUSE PREVENTION MONTH. AND THAT'S BASICALLY THE STATE STREET, MAIN STREET, AS WELL AS CONSIDERATION OF APRIL 18TH AS A POSSIBLE BACKUP DATE IN CASE OF BAD WEATHER. THEY'RE ASKING THIS FROM 3 P.M. TO 8 P.M.. ONCE THE ORIGINAL DATE ON APRIL 4TH, BUT WITH A BACK UP DATE ON APRIL 18TH, THIS IS HOW MANY YEARS NOW HAVE WE HAD THIS EVENT? THEY'VE BEEN DOING IT FOR SEVERAL YEARS AND THIS TIME THEY WENT AHEAD AND THREW IN THE BACKUP DATE BECAUSE LAST YEAR THEY HAD THE ONE DATE SCHEDULED AND BAD WEATHER FORCED THAT TO NOT HAPPEN. SO THEY WENT AHEAD AND SAID, HEY, LET'S THROW IN A BACK UP DATE JUST IN CASE. ALL RIGHT. WE'LL LOOK FOR A MOTION. MR. MAYOR I'D LIKE TO MAKE A MOTION. I MOVED TO APPROVE CHIEF'S REQUEST FOR THE CLOSURE FOR CASA AND THE FAMILY NIGHT OUT. EXCELLENT. SO WE HAVE A MOTION AND A SECOND. ANY FURTHER DISCUSSION ON THAT MOTION? ALL THOSE IN FAVOR SAY AYE. AYE. THOSE OPPOSED, SAME SIGN AND THAT [INAUDIBLE] COUNCIL PRESIDENT. ALL RIGHT. ITEM NUMBER NINE IS HOLD A DISCUSSION AND CONSIDER AND TAKE APPROPRIATE ACTION [9. HOLD A DISCUSSION, CONSIDER AND TAKE APPROPRIATE ACTION REGARDING BUDGET, EMPLOYEE RETENTION AND IMPACT OF CURRENT ECONOMY.] REGARDING THE BUDGET AND EMPLOYEE RETENTION IMPACT OF OUR CURRENT ECONOMY. THIS CAME ABOUT FROM COUNCIL MEMBER ALAN WHO REQUESTED THIS TO BE PUT ON LAST THIS TONIGHT'S AGENDA LAST WEEK. THAT'S KIND OF A FLOWERY WAY OF SAYING IT. HE'S TRYING TO LOOK OUT FOR THE EMPLOYEES OF THE CITY AND A LOT OF THE CURRENT ECONOMIC CONDITIONS. AND WITH THAT, I'LL LET MR. ALAN EXPLAIN HIS REQUEST. AND I GUESS IT'S ONE OF THE THINGS THAT I STARTED LOOKING AT THINGS OVER THE LAST COUPLE OF WEEKS. WE'RE IN A 40 YEAR HIGH OF INFLATION OVER THE LAST AS LONG AS I KNOW WE'VE GIVEN 2% RAISES FOR OUR EMPLOYEES. THE HIRING PLAN CURRENTLY IS UNFORTUNATELY TRY TO REPLACE SOMEBODY AFTER THEY LEAVE FOR A BETTER JOB. EVERYBODY DOESN'T ALWAYS LEAVE FOR MONEY, BUT, YOU KNOW, FOR YEARS YOU LEFT BECAUSE YOU STAYED AT THE CITY BECAUSE THE PAY WASN'T A HUGE DIFFERENCE. NOW IT'S A HUGE DIFFERENCE. AS I TELL PEOPLE ALL THE TIME, YOU CAN'T PAY YOUR MORTGAGE, YOU CAN'T SEND YOUR KIDS TO COLLEGE. YOU CAN'T BUY YOUR GAS WITH A BENEFIT WITH YOUR RETIREMENT. IT'S THE OTHER EVERY OTHER FRIDAY. THE PRIVATE INDUSTRY IS DOING THINGS RIGHT NOW THAT IS UNPRECEDENTED AND THEY ARE STEALING EMPLOYEES LEFT AND RIGHT. AND IT DOESN'T MATTER WHAT PART OF IT IS. POLICE AND FIRE STRUGGLE WITH IT. TALKING TO GREG, HE STRUGGLES WITH IT. I WAS AT THE FIREHOUSE THE OTHER DAY I MET NATE, HAVING NINE FIREMEN, FIRE PEOPLE. FIREFIGHTERS. ONE OF THE THINGS HE TALKED ABOUT IS EVERY SINGLE ONE OF THEM HAS TESTED AT ANOTHER CITY. WE'VE PUT A LOT OF TIME AND EFFORT INTO OUR EMPLOYEES. AND AT THIS POINT, WE'VE GOT TO FIGURE OUT A WAY TO KEEP THEM AND WHATEVER IT'S GETTING, BECAUSE WHEN WE GO TO REPLACE THESE PEOPLE, IT'S GOING TO COST US A LOT. AND I ASK THEM TO DO A 3% AND A 5% INCREASE OF WHAT IT'S GOING TO COST. BECAUSE, LIKE I SAID, IT'S NOT JUST THE UPPER LEVEL PEOPLE. IT'S ALL LEVELED THAT WE'RE LOSING. AND I WAS SOMEWHERE WITH ONE OF THE DIRECTORS THE OTHER DAY, AND ONE OF HIS EMPLOYEES MADE THE COMMENT, WELL, I THINK I MIGHT GO TO WORK AT TARGET. [01:50:02] THIS IS GOING TO BE A CASHIER FOR $25 AN HOUR INSTEAD OF DIG A DITCH. YOU KNOW, AND HE MADE THE IT WAS A JOKING CONCEPT. BUT WE'VE GOT TO FIGURE OUT WHERE WE'RE GOING TO BE GOING FORWARD TO HELP RETAIN OUR EMPLOYEES. THEY'RE THE ONES WHO GIVE US THEIR SERVICES, MAKE SURE OF WATER, MAKE SURE WE HAVE POLICE, MAKE SURE WE HAVE FIRE, MAKE SURE THE PARKS ARE MOWED. AND EVERY PLACE YOU LOOK OUT THERE HAS A HELP WANTED SIGN. AND I THINK CURRENTLY YOU CAN GO START AT BRAUM'S $14 AN HOUR. AS LONG AS YOU'RE OVER THE AGE OF 18. SO IN MY MIND, I TALKED TO COUNCILMAN REEVES ABOUT THIS AND WE BOTH DECIDED TO BRING IT HERE SO. WELL, AND I JUST THINK THIS IS AN ATTEMPT TO BE PROACTIVE, TO KEEP OUR GOOD EMPLOYEES WITH US HERE IN THE CITY, TO RECOGNIZE THE WAY WE APPRECIATE THEM FOR STAYING AND FOR BEING COMMITTED TO BEING LONG TERM EMPLOYEES. AND, YOU KNOW, YOU GO TO THE GROCERY STORE AND THE PRICES HAVE DOUBLED AND, YOU KNOW, WE DIDN'T GIVE THEM A VERY BIG RAISE. AND SO IF WE CAN DO IT, WE'VE HAD GOOD NUMBERS WITH OUR TAX, YOU KNOW, OUR SALES TAX. I THINK THAT THIS WOULD JUST BE A WAY TO TO HELP THEM AND TO LET THEM KNOW THAT WE CONSIDER THEM IN EVERYTHING WE DO UP HERE. AND JUST KIND OF ADD ONE OTHER THING. I DID TALK TO A COUPLE OF THE DIRECTORS ABOUT THIS BEFORE I PUT IT ON. AND ONE OF THE QUESTIONS I ASKED, I SAID, BECAUSE I KNOW WE WE ADDED QUITE A FEW POSITIONS THIS LAST YEAR AND THIS COULD AFFECT US ADDING POSITIONS THIS NEXT YEAR. IS IT MORE IMPORTANT TO ADD POSITIONS OR TAKE CARE OF THE PEOPLE WE HAVE NOW? AND OVERWHELMINGLY THEY SAID TAKE CARE OF THE PEOPLE WE HAVE NOW. WE WILL FIGURE OUT HOW TO GET PAST THAT IN THE FUTURE. BUT WE NEED TO TAKE CARE OF THE EMPLOYEES. WE HAVE TAKEN CARE OF US NOW. ANY OTHER COMMENTS? I THINK THERE'S A LOT TO BE SAID FOR THAT WHEN YOU THINK ABOUT HOW MUCH MONEY IT COST YOU TO BRING SOMEBODY IN ANYWHERE FROM 20 TO $40000 JUST TO GET THE RECRUITING, THE BACKGROUND CHECKS, GET THEM IN PLACE. THEN YOU TALK ABOUT FIRE AND POLICE DEPARTMENT AND THE AMOUNT OF MONEY THAT YOU TAKE, SENDING THEM THROUGH SCHOOL, UNIFORMS AND EVERYTHING ELSE. TO KEEP SOMEBODY SO MUCH MORE VALUABLE WHEN THEY'VE WHEN THEY HAVE THE TRAINING BEHIND THEM, THE KNOWLEDGE YOU WILL NEVER, EVER SUCCEED AND GROW YOUR STAFF IF YOU'RE CONSTANTLY DOING A REVOLVING DOOR. IT'S JUST SOMEBODY COMING IN ON TRAINING CONSTANTLY. THERE'S GOT TO BE A WAY TO KEEP PEOPLE AND WE'RE ON THE SAME FIGHTING PLAYING FIELD AS EVERYBODY ELSE BECAUSE EVERYBODY ELSE IS TRYING TO FIGURE OUT HOW TO DO IT TOO. AND SOME ARE SUCCEEDING BETTER THAN OTHERS. THE BEAUTY IS WE'VE HAD A PRETTY GOOD RECENT HISTORY ON REVENUES. SO I APPLAUD THE COUNCIL FOR THINKING OF THE EMPLOYEES. BECAUSE A LOT HAS CHANGED SINCE LAST SUMMER WHEN WE WERE PREPARING THIS YEAR'S BUDGET THAT WE'RE IN. SO FROM A FINANCIAL STANDPOINT, EVEN IF IT COMES A LITTLE BIT OUT OF FUND BALANCE, I THINK IT'S WORTH IT TO SHOW THESE EMPLOYEES HOW MUCH THEY'RE APPRECIATED. WILL, DID YOU HAVE? I WAS GOING TO CHIME IN AND UNA OR MARIANNE IF THEY HAD ANYTHING ELSE THAT THEY WANTED TO CONTRIBUTE. BUT I THINK YOU HIT THE NAIL ON THE HEAD WITH THAT. OKAY. IT MAY BE OF AN ADVANTAGE TO ALLOW CITY STAFF TO PUT TOGETHER SOME SORT OF PROPOSED PLAN AND BUDGET. SO LET'S LOOK AT IT. I KIND OF PROPOSED ONE THING. I WAS TOLD, YOU CAN'T DO THAT. BUT WHAT WE WERE TOLD IS WE COULD HAVE LIKE A LITTLE SUBCOMMITTEE AS LONG AS IT'S ONLY THREE PEOPLE, BECAUSE THAT WAY IT'S NOT A QUORUM. TALK TO MR. HAYES. HE DOES NOT HAVE TIME TO BE PART OF IT. HE IS ALL IN FAVOR OF US TAKING CARE OF THE EMPLOYEES. I, OF COURSE, WOULD LOVE TO BE PART OF IT. MELENDEZ, SO IT LOOKS LIKE WE HAVE ONE PERSON LEFT. I DON'T KNOW IF. YOU, THE MAYOR, MS. HILTON, I'M IN. NOW WE'VE GOT TO BE THREE OR UNDER. WELL, AND THAT'S KIND OF WHERE ALL I WAS GOING WITH IS TRYING TO ADDRESS AND TO GET A FINALIZED DOCUMENT. RIGHT. YOU KNOW, SOMETHING WE CAN VOTE ON. YES. AGAIN, I DO FEEL IT IS IMPORTANT TO AT SOME POINT, I BELIEVE IT IS JUST IMPORTANT TO HAVE THAT BUY IN FROM CITY STAFF ABOUT WHATEVER, WHEREVER WE GET. SO, YOU KNOW, TYPICALLY WHEN WE DO OUR BUDGET PROCESS, WE DO HEAR FROM EVERY DIRECTOR. [01:55:05] AND SO THERE'S CONVICTION AND COMMITMENT THAT'S BUILT UP BEFORE WE TAKE ANY KIND OF ACTION. BUT AGAIN, FROM A FINANCIAL STANDPOINT, I THINK I KNOW THAT EVERYONE PROBABLY WOULD BE IN AGREEMENT THAT, HEY, I'M WILLING TO MOVE FORWARD WITH SOME PROCESS OF CHANGE. IT'S JUST REALLY A MATTER OF, FINANCIALLY, STABLE. MAKES GOOD SENSE FOR THE CITY FINANCIALLY. SO YOU KNOW DOING THAT PRUDENCE. AH IS THERE A TIME OVER THE NEXT WEEK, WE COULD ALL SIT DOWN SO THAT IT COULD BE ON THE NEXT. OKAY. IF YOU WILL EMAIL THE THREE OF US, THAT WAY WE CAN COME UP WITH THE DAY. ABSOLUTELY. SO WE'LL APPOINT OUR OUR NORTH END OF THE TABLE, AS OUR COMMITTEE, THE DREAM TEAM. AND WORK WITH CITY STAFF AS NEEDED. BUT I THINK UNA OBVIOUSLY WOULD BE A GREAT COMPONENT WITH BEING CFO, RIGHT? YEAH. ALL RIGHT. OKAY. ALL RIGHT. SO YOU WERE PROPOSING 3%, 5%. I JUST WANT TO LOOK AT WHAT THAT MEANS FOR SOMEBODY WHO'S MAKING $10 AN HOUR. AND STARTING AT UM, A DIFFERENT PLACE IS $14 AN HOUR. THAT'S NOT GOING TO MAKE A DIFFERENCE FOR SOMEBODY WHO'S MAKING TEN SO. I COMPLETELY AGREE AND OKAY I GUESS I WAS MISUNDERSTOOD. I WAS TOLD AT ONE POINT IN TIME, AND MAYBE IT'S BECAUSE IT'S FULL TIME STAFF. ALL FULL TIME STAFF STARTS AT 15. OKAY. SO I'M ASSUMING IT'S PART TIME STAFF THAT YOU HAVE THAT'S AT TEN. ONCE AGAIN, IF WE CAN PUT SOMETHING TOGETHER AND ABOUT THE ECONOMIC EFFECT TO THE CITY ON THAT. SO WE KIND OF KNOW HOW IT WOULD AFFECT US BECAUSE I KNOW THE DIFFERENCE BETWEEN TEN AND 14 WOULD MAKE A HUGE DIFFERENCE ON AND THEN ALSO HOPEFULLY WITH HER EVER REPLACING PEOPLE AT THE LIBRARY. THANK YOU. YEAH. YES, SIR. NO. I THINK A PART OF THAT EVALUATION PROCESS COULD INCLUDE JUST LOOKING AT ALL STAFF, REGARDLESS OF STATUS OR PART TIME OR PRN. I THINK MY INTENTION WAS FOR IT TO BE ALL STAFF. AND I THINK MR. ALLEN'S WAS TOO. AND, AND, AND INCLUDING I MEAN, I THINK WE WOULD WANT THE FLEXIBILITY TO EVEN CONSIDER WHAT WOULD BE, AGAIN, AS A CONSENSUS, WHAT AN APPROPRIATE START RATE IF THERE'S A CHANGE IN START RATE DEPENDING ON STATUS. OKAY. ANY OTHER COMMENTS OR QUESTIONS BEFORE WE GO ON? I'VE GOT A GREAT IDEA. WHAT IF WE EXEMPT EVERYBODY THAT MAKES OVER $100,000 WITH THE CITY. DO YOU THINK THAT WOULD BE POPULAR? HOW ABOUT WE JUST TALK ABOUT IT IN THE SUBCOMMITTEE? YOU KNOW, I HAVE A FEELING YOU'LL BE YOU'RE YOU'RE. IT SOUNDS LIKE THIS. THIS COMMITTEE WILL BE ENTERTAINING. WELL. LET'S GO ON TO OUR NEXT ITEM. [EXECUTIVE SESSION] ALL RIGHT. ITEM TEN IS EXECUTIVE SESSION IN ACCORDANCE WITH TAXI GOVERNMENT CODE SECTION 551.01 TO GO INTO EXECUTIVE SESSION WITH THE ATTORNEY TO DISCUSS A MATTER OF OH CITY POLICIES. WELL, WE'RE NOT GOING TO WE'RE ARE WE GOING INTO EXECUTIVE SESSION? ON THE REVIEW OF THE PLAIN DEVELOPMENT SERVICES DEPARTMENT. AND THEN ITEM TWO IS A CONTEMPLATED SETTLEMENT WITH OPEN GOV ON THE CONTRACT. SO I THINK WE'VE GOT THREE THINGS POTENTIALLY. SO IT WOULD BE TO EXECUTIVE SESSION FOR REVIEW OF PLANNING AND DEVELOPMENT SERVICES DEPARTMENT, CITY POLICIES AND THE CONTRACT, THE OPEN GOV CONTRACT. CORRECT. 510712 AND 5510711B. UNDER 51071. SUBSECTION TWO. SUBSECTION 2. AND 551071, SUBSECTION B. DO I NEED TO REPEAT THAT OR WE'RE GOOD TO GO. WE JUST NEED THOSE STATED ON THE RECORD. YEAH. OKAY. VERY GOOD. 551.07, ONE B, ONE B. THANK YOU, ATTORNEY. CITY ATTORNEY. MUCH APPRECIATED AT 7:33. [02:00:12] WE'LL COME OUT OF EXECUTIVE SESSION AT 9:22. WELL, I WAS GOING TO SAY I WAS I WAS LOOKING FOR WE WERE AT 11, WHICH IS RECONVENING TO OPEN SESSION ITEM. ALL RIGHT. ITEM 12 WAS DISCUSSED, TAKE APPROPRIATE ACTION, PROVIDE DIRECTION TO CITY [12. DISCUSS AND TAKE APPROPRIATE ACTION/PROVIDE DIRECTION TO CITY MANAGER REGARDING CONSULTANT RECOMMENDATIONS RELATIVE TO PLANNING AND DEVELOPMENT SERVICES PROCESS REVIEW.] MANAGER REGARDING CONSULTANT RECOMMENDATIONS RELATIVE TO PLANNING AND DEVELOPMENT SERVICES PROCESS REVIEW. WELL, WE DON'T WE DIDN'T DO 11 YET. SO, OKAY. AND THEN AND THEN WE JUST SAID 12 AND NO ACTION. SO THAT GETS US TO 13. [13. DISCUSS AND TAKE APPROPRIATE ACTION ON A PROPOSED SETTLEMENT WITH OPENGOV.] SO SORRY, BRETT, I. ADAM 13, IS DISCUSSED AND TAKE APPROPRIATE ACTION ON A PROPOSED SETTLEMENT WITH OPEN GOV . SO LOOK FOR A MOTION. MR. MAYOR, I WOULD LIKE TO MAKE A MOTION TO AUTHORIZE CITY LEGAL REPRESENTATION TO PURSUE THE OPEN GOV SITUATION AS DISCUSSED AS WAS DISCUSSED IN EXECUTIVE SESSION. [INAUDIBLE] SO DO WE ALL DO WE ALL UNDERSTAND THAT MOTION? NO, I DON'T. AUTHORIZE CITY ATTORNEY TO CONTINUE NEGOTIATION. ALL RIGHT. OKAY. ALL RIGHT. SO WE HAVE A MOTION, AND I BELIEVE MS. REEVES DID A SECOND. YES. AND I WILL GO AHEAD AND ASK THIS. ANY FURTHER DISCUSSION ON THAT MOTION. ALL RIGHT. ALL THOSE IN FAVOR SAY AYE. AYE. THOSE OPPOSED. SAME SIGN. ALL RIGHT. AND THAT PASSES UNANIMOUS WITH ALL THOSE PRESENT 14 IS COUNCIL RECEIVED PUBLIC INPUT. ANYBODY LEFT TO SPEAK. AND THAT GETS US TO. SORRY. I FEEL I'M JUMPING AHEAD EVERY TIME. [15. COUNCIL MEMBER REQUESTS FOR FUTURE AGENDA ITEMS.] 15, COUNCIL MEMBER REQUESTS FOR FUTURE AGENDA ITEMS. I'D LIKE TO TAKE JUST A MINUTE. I'M NOT A COUNCIL MEMBER, BUT I WILL HAVE SOMETHING ON YOUR NEXT AGENDA TO I JUST WANT, THERE'S NOTHING TO ACT ON TONIGHT, BUT. THIS IS HARD. IT'S BEEN 37 YEARS SINCE I'VE DONE THIS, BUT I INTEND TO RETIRE END OF JUNE. AND I NOTIFIED MY STAFF THIS MORNING, 9:00 MEETING. I THINK IT'S TIME. I'M THINKING IT'S JUST TIME. AND I APPRECIATE, AS I SAID THIS MORNING, I APPRECIATE EVERYBODY ON THE STAFF AND YOU GUYS DO A GREAT JOB, SO I'M PROUD OF ALL OF YOU. BRETT, I JUST WANT TO SAY WE APPRECIATE YOUR LEADERSHIP THROUGH THOSE 37 YEARS BECAUSE WE WENT FROM A VERY, VERY SMALL, TINY TOWN TO A NEAR CITY. AND, YOU KNOW, YOU GOT US THERE AND SERVED US WELL. AND I APPRECIATE ALL THOSE YEARS. WELL, THANK YOU. YOU ALWAYS TRY TO LEAVE IT A LITTLE BETTER THAN YOU FOUND IT. AND HOPEFULLY WE DID THAT OR I DID THAT. SO IT'S BEEN AN HONOR AND PRIVILEGE, BUT I'LL SAVE THAT FOR ANOTHER TIME. WELL, I JUST WANTED TO LET YOU KNOW, BECAUSE THE WAY THE CLOCK TICKS, IT'LL BE THE END OF JUNE BEFORE LONG. ALL RIGHT. WELL, I WANT TO SAY JUST A COUPLE OF THINGS. I KNOW THAT WE'LL SPEND SOME TIME TO MAKE A BETTER COMMENDING YOU AND YOUR SERVICE. OH, YES, WE WILL. ABSOLUTELY. BUT I GUESS I WOULD WANT TO TAKE THE OPPORTUNITY TO SAY EXACTLY OR ECHO WHAT MELINDA HAS SAID. I THINK YOU HAVE PUT OUR POSITION, PUT OUR CITY IN A GREAT POSITION FINANCIALLY, YOUR STEWARDSHIP AND YOUR LEADERSHIP WITH YOUR DIRECTORS AND YOUR ENTIRE CITY STAFF AND BEING GOOD, GOOD, DILIGENT AND USE OF FUNDS AND HAS PUT OUR BOND RATING IN [02:05:09] A GREAT PLACE FOR ALLOWING US TO BE ABLE TO TO. GET LOANS AT A VERY LOW INTEREST RATE, IF YOU WILL. AGAIN, POSITIONING OURSELVES WHERE WE CAN DO THAT, POSITIONING OURSELVES FOR GROWTH AND IMPROVEMENT OF FACILITIES THAT WAY. IT'S BEEN IT'S BEEN FANTASTIC. AND I, I THINK I ALWAYS TALK ABOUT THIS, TOO, WHEN I THANK YOU AND THANK THE STAFF AND IS ALSO THE PRIOR LEADERSHIP. AND THAT'S BEEN 37 YEARS AGO. BUT, YOU KNOW, SAM RENSHAW WAS ALSO A VERY GOOD STEWARD FOR THE CITY OF DECATUR. SO WE'RE SO WERE THOSE THAT WERE WERE HERE BEFORE SAM AND I. ANYWAY, I, I LOVE TO TELL THE STORY. SAM WAS HIRED IN 58. AND FOR THE FIRST 10 TO 12, I GUESS 12 YEARS, HE WOULD SEND OUT THE, HE WOULD GET THE BILLS AND HE WOULD GO DOWN TO THE LOCAL BANK AND TAKE OUT A 30 DAY NOTE, AND HE WOULD THEN SEND OUT THE WATER BILLS. AND THEN WHEN THE PEOPLE PAID THEIR WATER BILLS, HE WOULD TAKE THAT MONEY AND GO PAY THE LOAN. AND THEN A WEEK LATER, HE HAD STARTED ALL OVER. AND IT WASN'T UNTIL 1970 ON THE THIRD ATTEMPT THAT THE 1% SALES TAX FINALLY PASSED, AND HE SAID THAT WAS JUST UNBELIEVABLE. NOW, YOU HAVE TO REMEMBER, IN 1970, THE ANNUAL SALES TAX COLLECTIONS WAS NOT VERY MUCH MONEY. BUT TO HIM, I GUESS IF YOU'RE HAVING TO GO TO THE BANK EVERY 30 DAYS AND TAKE OUT A NOTE JUST TO PAY THE BILLS. IT WAS A LONG STRETCH FROM THE DEPRESSION UNTIL 1970, AND THE CITY WAS IN DIRE, DIRE FINANCIAL STRAITS. SO HE LEFT IT A HECK OF A LOT BETTER THAN HE FOUND IT. AND. HOPEFULLY I'VE DONE THE SAME. ABSOLUTELY. ALL RIGHT, LET'S. ON THAT NOTE, ADJOURN 9: 29. * This transcript was compiled from uncorrected Closed Captioning.