Dec 12, 2022 City Council

[00:00:01]

THANK YOU. YEAH, I'VE GOT IT ON.

[CALL TO ORDER]

WE HAVE A VISITOR WITH US TONIGHT, SANTA CLAUS.

SO, SANTA, COME ON UP HERE WITH ME.

AND I UNDERSTAND YOU GOT SOME BUSY STUFF TO DO TONIGHT.

WE DO. WHAT ARE WE DOING TONIGHT? WE ARE GOING OUT TO ALL THE KIDS IN THE NEIGHBORHOOD AND GIVING OUT CANDY CANES AND SAYING HI AND WISHING THEM A MERRY CHRISTMAS.

FANTASTIC. THAT IS FANTASTIC.

WELL, SINCE YOU WERE HERE, I'M GOING TO ASK YOU TO LEAD US IN THE PLEDGE TONIGHT.

SOUNDS GOOD. ALL RIGHT.

WHENEVER YOU'RE READY.

SANTA, THANK YOU SO MUCH.

THANKS FOR HAVING ME. APPRECIATE YOU AND YOUR TEAM.

AND THANK YOU FOR SEEING ALL THE KIDS IN DECATUR, TEXAS TONIGHT.

THAT GETS US TO ACTION ITEM 1.

[1. CONSIDER TAKING ACTION ON A SECOND READING OF AN ORDINANCE OF THE CITY OF DECATUR, TEXAS AMENDING ORDINANCE NO. 2021-09-12 TO APPROPRIATE AND BUDGET FUNDS FOR SERIES 2022 BOND EXPENSES IN THE WATER AND SEWER FUND. PROVIDING FOR THE FILING OF THE AMENDED FY 2021-2022 BUDGET; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. ORDINANCE 2022-11-31]

GOOD EVENING. THERE'S NO CHANGES.

SAME AS LAST MEETING.

THAT'S GREAT. SO EVERYTHING THAT WE DISCUSSED BEFORE.

MEMBERS HAVE QUESTIONS? MR. MAYOR, I'LL MAKE A MOTION TO APPROVE ORDINANCE 2022-11-31.

SECOND.

SO WE HAVE A MOTION AND A SECOND.

ANY DISCUSSION ON THAT? ALL THOSE IN FAVOR SAY AYE.

AYE. OPPOSED SAME SIGN.

AND THAT PASSES UNANIMOUSLY.

THANK YOU SO MUCH.

[2. CONSIDER AND TAKE APPROPRIATE ACTION ON A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DECATUR, TEXAS, ADOPTING A NON-SUFFICIENT FUNDS (NSF)/ RETURNED CHECKS OR BANK DRAFTS/AUTOMATED CLEARING HOUSE (ACH) REJECTS POLICYAND FEE; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR SEVERABILITY; PROVIDING A CUMULATIVE REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. RESOLUTION 2022-12-26]

WE JUST DON'T, WE DIDN'T HAVE A POLICY.

WE HAVE THE PROCEDURES OF, YOU KNOW, WE HAVE A RETURN CHECK.

WE CHARGE SO MUCH FOR THAT RETURN CHECK.

AND THEN IN MOST CASES THERE'S UTILITY BILLING, BUT IT HAS HAPPENED BEYOND THAT.

SO IF IT HAPPENS AT THE CONFERENCE CENTER, AT THE POLICE DEPARTMENT, FIRE DEPARTMENT, WE JUST WANT TO COVER EVERY DEPARTMENT WITHIN BY THE SAME PROCESS.

YES.

EQUITABLY. YES, EXACTLY.

AND THEN IT WILL GO BEYOND THAT.

IF THAT HAPPENS, MORE THINGS GET INVOLVED.

IT'S KIND OF LIKE IF IT'S FOR UTILITY BILLING, YOU KNOW, THAT MEANS THEIR CHECK WAS BAD.

WE HAVE TO CHARGE THEM THE LATE FEE OR DIFFERENT THINGS.

AND THEN, YOU KNOW, WE'RE GOING TO HAVE TO COLLECT IT.

OTHERWISE, YOU KNOW, THEY DON'T PAY WITHIN SO MANY DAYS THEN WE HAVE TO DISCONNECT.

SO IT WILL HAPPEN.

SOMETHING LIKE THAT. ALL RIGHT.

ANY OTHER QUESTIONS? LOOK FOR A MOTION. MS. MAYER. YES. I MOVE WE APPROVE RESOLUTION 2022-12-26.

ALL RIGHT, SO WE HAVE A MOTION. I SECOND THAT.

A SECOND. ANY FURTHER DISCUSSION ON THIS MOTION? ALL THOSE IN FAVOR OF THAT MOTION SAY AYE.

AYE. OPPOSED, SAME SIGN. ALL RIGHT.

THANK YOU. PASSES. THANK YOU.

[Items 3 - 5]

THIS IS FOR FIRST READING OF ORDINANCE AND HOLDING A PUBLIC HEARING.

SO WE'RE GOING TO OPEN INTO PUBLIC SESSION RIGHT NOW AND WE'LL GO TO ITEM 3.

FIRST READING OF AN ORDINANCE AND HOLDING A PUBLIC HEARING ON THE PROPOSED VOLUNTARY ANNEXATION BY THE CITY OF DECATUR OF APPROXIMATELY 1.604 ACRES. EVENING.

I APOLOGIZE. THE POWERPOINT HAS THE WRONG NUMBERING, APPARENTLY, AND WE'RE GOING TO DO THE ANNEXATION, THE COMP PLAN AMENDMENT AND THE ZONING CHANGE, THE PRESENTATIONS TOGETHER.

OF COURSE, WHEN YOU VOTE ON THEM, YOU WILL VOTE SEPARATELY.

AS THE MAYOR MENTIONED, THIS IS A 1.604 ACRE TRACT OF LAND.

IT IS PART OF THE CHISHOLM ADDITION, WHICH YOU GUYS ANNEXED SEVERAL MONTHS BACK.

[00:05:01]

THEY'RE GOING TO USE THIS PROPERTY AND DEDICATE IT AS A RIGHT OF WAY FOR THOMPSON STREET.

AND SO THEY'RE HAVING TO GO THROUGH THE ANNEXATION PROCESS.

EVERYTHING IS THE SAME AS WAS WITH THE CHISHOLM ADDITION, THE LARGER TRACT OF LAND.

NEXT SLIDE, PLEASE.

AGAIN, IT'S THE ANNEXATION AND THE COMP PLAN AMENDMENT AND THE ZONING CHANGE.

THE COMP PLAN AMENDMENT IS CONSISTENT WITH THE COMPREHENSIVE PLAN.

IT WILL ALLOW THE PROPOSED USE THAT THEY'RE LOOKING FOR, WHICH IS MULTIFAMILY ZONING DOES GO AND COMP PLAN LAND USE GOES TO THE CENTER LINE OF THE STREET SO THIS LAND WILL RECEIVE THE SAME LAND USE DESIGNATION AND THE SAME ZONING CLASSIFICATION, ONCE IT'S BROUGHT INTO THE CITY.

NEXT SLIDE, PLEASE.

AND THE SURROUNDING LAND USES TO THE NORTH IS ACTIVITY CENTER.

TO THE SOUTH IS AGRICULTURAL AND RURAL LIVING.

TO THE EAST AS TRADITIONAL NEIGHBORHOOD AND THEN TO THE WEST IS AGRICULTURAL AND RURAL LIVING.

THE LAND USE THAT THIS PROPERTY WILL BE DESIGNATED AS IS ACTIVITY CENTER.

NEXT SLIDE.

AND THEN AS FAR AS THE ZONING GOES TO THE NORTH IS MULTIFAMILY, WHICH IS THE CHISHOLM ADDITION, THE LARGER TRACT.

TO THE SOUTH YHERE IS NO ZONING.

IT'S ACTUALLY IN THE ETJ.

TO THE EAST IT'S SF-1 AND PLANNED DEVELOPMENT.

AND TO THE WEST IT'S IN THE ETJ.

NEXT SLIDE, PLEASE.

UM, WE DO PROVIDE YOU WITH INFORMATION WITH REGARDS TO ACTIVITY CENTERS.

WHAT USES ARE PRIMARY FOR THIS PARTICULAR LAND USE DESIGNATION IN CIVIC.

I'M SORRY, RETAIL, COMMERCIAL CONDOMINIUMS, APARTMENTS, OFFICES, HOTELS, ENTERTAINMENT CENTERS, SERVICE AND OFFICE USES.

SECONDARY LAND USES INCLUDE CIVIC AND INSTITUTIONAL USES.

SO AGAIN, THE ACTIVITY CENTER LAND USE DESIGNATION DOES MEET WITH WHAT THEY'RE PROPOSING.

NEXT SLIDE, PLEASE.

AND THIS IS A COPY OF THE LOCATION MAP.

AGAIN, WE'RE JUST SHOWING WHERE THE PROPOSED EXTENSION OF THOMPSON STREET WOULD BE ONCE THIS PROPERTY IS ANNEXED.

NEXT SLIDE.

THIS IS THE SCHEDULE AND WE SHOULD BE WRAPPING UP THE ANNEXATION AT THE NEXT CITY COUNCIL MEETING ON MONDAY.

NEXT SLIDE, PLEASE.

AND THEN THESE ARE THE EXISTING AND PROPOSED LAND USE MAPS.

NEXT SLIDE. EXISTING AND PROPOSED ZONING MAPS.

NEXT SLIDE. AND WE DID NOTIFY PROPERTY OWNERS WITHIN 200 FEET.

THERE WERE FIVE.

WE DID NOT RECEIVE ANY RESPONSES BACK.

NEXT SLIDE. THE PLANNING AND ZONING COMMISSION DOES RECOMMEND APPROVAL 5 TO 0 OF THE ANNEXATION 2022-02, THE SERVICE ANALYSIS AND SERVICE PLAN.

CHAIRMAN LEMOND AND COMMISSIONER HICKS WERE ABSENT.

THEY ALSO RECOMMENDED APPROVAL OF COMPREHENSIVE PLAN AMENDMENT 2022-03, SAME 5 TO 0 WITH CHAIRMAN LEMOND AND COMMISSIONER HICKS ABSENT.

AND THEN THEY'RE ALSO RECOMMENDING APPROVAL OF ZC 2022-04.

CHAIRMAN LEMOND AND COMMISSIONER HICKS ABSENT.

A VOTE OF 5 TO 0.

THAT'S IT. ALL RIGHT.

SO ON OUR AGENDA, WE HAVE THREE, FOUR AND FIVE, WHICH YOU'VE DISCUSSED, BUT WE WILL HANDLE THESE ONE AT A TIME.

ANYBODY HAVE ANY QUESTIONS REGARDING THREE, THE VOLUNTARY ANNEXATION? AND IT'S MY UNDERSTANDING THAT THE APPLICANTS ARE ON ZOOM IN CASE YOU GUYS HAVE QUESTIONS OR.

ALL RIGHT. ANY QUESTIONS FROM COUNCIL? OKAY. HAVING NONE ON ON THAT WE'LL, AND THIS IS A FIRST READING.

WE'LL MOVE ON. NUMBER FOUR, WHICH AGAIN, YOU'VE EXPLAINED, BUT I'LL ASK COUNCIL IF THEY HAVE ANY QUESTIONS REGARDING QUESTIONS WITH THE COMPREHENSIVE PLAN AND APPENDIX, THE CHANGES. ALL RIGHT.

HEARING NONE WE WILL MOVE ON.

[00:10:02]

ANY QUESTIONS REGARDING B, ZONING, SECTION B, ALL RIGHT.

HEARING NONE I DON'T BELIEVE WE HAVE ANY OTHER QUESTIONS.

THANK YOU SO MUCH. YOU'RE WELCOME.

AND THAT WILL CLOSE OUR PUBLIC HEARING.

[Items 6 - 9]

CONSIDER TAKING ACTION ON A REQUEST FOR VARIANCE FROM CHAPTER 2, SECTION 2001, STREET IMPROVEMENTS.

THIS IS APPLICATION V2022-12.

MR. HECTOR DE AVILA.

I THINK EARL IS ON ZOOM WITH US AND WE'LL WALK YOU THROUGH THESE VARIANCES EARL, IT'S ALL YOURS.

HI, EVERYBODY. SO I WILL MAKE A PRESENTATION FOR THE VARIANCES 2022-12, 13, 14, 15.

2022-12 IS FOR A CURB VARIANCE FOR PROPERTY AT 709 SOUTH CHURCH AND THIS IS FOR A VARIANCE ON CHURCH STREET FOR CURBS.

IN YOUR PACKET THERE WAS A MEMO PREPARED FOR THESE THREE VARIANCES . SO WE ASKED FOUR QUESTIONS FOR THE VARIANCE REQUEST.

NEXT SLIDE I BELIEVE.

ANYBODY WANTED TO KNOW? YOU'RE WELCOME. KEEPING YOU INFORMED.

SORRY. YOU DIDN'T HEAR ALL THAT FUN.

WE HAD A SANTA WAS HERE EARLIER.

OH, THEY ARE FINE.

HOPE HE COMES TO SEE ME, TOO.

SO THIS PROPERTY IS COMMONLY KNOWN AS 709 SOUTH CHURCH.

IT IS A VACANT LOT.

SO WE ASKED THE FOUR QUESTIONS, AND I'LL PARAPHRASE THESE TO SAVE SOME TIME.

BUT THIS PROPERTY IS LOCATED BY SINGLE FAMILY DEVELOPMENT IN THE SOUTH DECATUR AND APPEARS ON THE OFFICIAL MAP OF THE CITY IN 1959 PRIOR TO ANY SUBDIVISION ORDINANCES.

AS FAR AS WE CAN TELL, THIS LOT HAS ALWAYS BEEN VACANT.

WHAT PROMPTS ALL THIS IS A PLAT BECAUSE THE OWNER WANTS TO BUILD A NEW HOME ON THIS VACANT LOT OR SIDEWALKS OR THE CLOSEST SIDEWALK'S A BLOCK AWAY.

THERE ARE CURVES ADJACENT TO THIS PROPERTY, TO THE PROPERTY TO THE NORTH, AND WE'LL SEE A MAP IN A MOMENT.

QUESTION TWO.

VERY LIMITED SIDEWALKS EXIST.

WE COULD SAY THAT THAT IT DOESN'T NECESSARILY AFFECT THE RIGHTS OF THE OWNER.

DOES BUILD SIDEWALKS.

THERE IS NONE CLOSE.

OKAY. QUESTION THREE.

LIMITED SIDEWALKS EXIST.

PROPERTY'S BEEN MAPPED SINCE 1959, AND WE CAN SAY THAT DUE TO THE ABSENCE OF SIDEWALKS IS NOT NECESSARILY ADVERSELY IMPACTED.

PEDESTRIAN SAFETY CURVES DO EXIST CLOSE TO THE PROJECT.

SOUTH CHURCH AND EAST COLLINS ARE CONSIDERED LOCAL STREETS.

THEREFORE, THE GRANTING OF A VARIANCE WOULD NOT BE IN CONFLICT WITH THE DECATUR 2050 LONG RANGE MASTERPLAN.

AND THEN QUESTION FOUR.

AREAS SURROUNDING THE PROPERTIES BUILT OUT.

FUTURE REPLANTING SURROUNDING PROPERTIES THAT WOULD REQUIRE CONSTRUCTION OF CURBS AND SIDEWALKS WOULD OCCUR IN A RANDOM FASHION.

IT'S NOT REASONABLE TO EXPECT NEARLY ALL PROPERTIES TO HAVE CURB AND GUTTERS SIDEWALKS UNLESS THE CITY DID A COMPREHENSIVE PROJECT IN THE NEIGHBORHOOD.

SO IF WE COULD SCROLL AHEAD TO THE MAP.

SO HERE'S A MAP THAT SHOWS EXISTING SIDEWALKS ARE SHOWN IN A YELLOW LINE.

YOU CAN SEE THAT THE CLOSEST ONE IS THE BLOCK NORTH.

EXISTING CURBS ARE SHOWN WITH SOLID RED BLOCKS.

AND YOU CAN TELL THAT THE BLOCK AND PROPERTY ADJACENT TO THIS PROPERTY TO THE NORTH IS CURVED.

SO IF WE DO REQUIRE CURVES HERE, THERE IS AN EXISTING CURVE TO CLICK ON TO.

SO A P AND Z CONSIDERED VARIANCE 2022-12 FOR CURBS AND

[00:15:05]

BUT THE VARIANCE FOR SIDEWALKS, WHICH IS 2022-13, FOR SIDEWALKS ON CHURCH STREET AND COMMISSION RECOMMEND APPROVAL OF VARIANCE 5-0.

AND THEN 2022-14, WHICH IS A BRANCH REQUEST FOR CURBS ALONG EAST COLLINS STREET AND THAT'D BE THE SOUTH PROPERTY LINE THIS LOT ON EAST COLLINS STREET.

P AND Z RECOMMENDED DENIAL OF THE VARIANCE ON THE ZERO.

AND THEN 2022-15, WHICH IS FOR SIDEWALKS ALONG EAST COLLINS STREET P AND Z RECOMMENDED APPROVAL OF THAT VARIANCE 5-0.

SO YOU ALL HAVE TO CONSIDER EACH ONE OF THE ITEMS SEPARATELY.

WE'VE GOT THEM ON OUR AGENDA THAT WAY.

SO I THINK WE'LL DO IT THAT WAY.

SO THAT WOULD CONCLUDE MY PRESENTATION.

ANY QUESTIONS? VERY GOOD.

ITEM NUMBER 6 REGARDING APPLICATION OF VARIANCE 2022-12.

DOES ANYBODY HAVE ANY OTHER QUESTIONS ON THAT OR WE'LL LOOK FOR A MOTION.

MR. MAYOR, I'D LIKE TO MOVE TO APPROVE APPLICATION V2022-12.

ALRIGHT. I'M APPROVING THE VARIANCE.

YES, SIR. I MOST CERTAINLY AM.

WELL, ONE AT A TIME.

SO. WELL, ALL OF SUDDEN I'M UNPOPULAR.

WELL, IT'S OKAY TO DO THE RIGHT THING FOR A HOMEOWNER.

WELL, WE HAVE A MOTION.

I HAVE NOT HEARD A SECOND.

LET ME ASK A COUPLE OF QUESTIONS, MAYBE TO EARL.

EARL IS THIS, IN YOUR OPINION, DOES THIS AFFECT DRAINAGE, HAVING CURBS AND GUTTER IN THIS AREA? IN GENERAL, NO.

CURBS ENHANCE THE PROPERTY AND IT PROTECTS THE EDGE OF THE STREET FROM POOR DRAINAGE.

I'M SORRY TO INTERRUPT.

AND THEN I HAVE TROUBLE USING THIS MICROPHONE.

BUT YOU HAVE A MOTION WITHOUT A SECOND, SO DISCUSSION IS NOT APPROPRIATE UNTIL YOU HAVE A SECOND.

WAIT TO SEE IF YOU GET A SECOND TO THE MOTION.

AND EVEN IF WE DON'T HEAR A SECOND, THERE IS ALWAYS THE OPPORTUNITY FOR ANOTHER MOTION, SO.

WE ALREADY HAVE A MOTION.

I THINK THAT'S WHERE THE LEGAL COUNSEL IS GUIDING US ON.

SO, I'LL WAIT FOR A SECOND.

AND WITHOUT HEARING ONE, I'LL JUST SAY THAT MOTION IS DEAD.

ALL RIGHT. I WILL JUST SAY THAT THAT MOTION IS DEAD.

NOW WE CAN ENTER INTO DISCUSSION.

OKAY. SO WHEN WE.

THANK YOU. WHEN WE CAME UP WITH ALL THE STANDARDS, IT WAS IF YOU'RE EXPANDING THE FOOTPRINT OF YOUR HOUSE.

REMEMBER WE CAME UP WITH LIKE FOR NO CURBS, GUTTERS AND SIDEWALKS.

YOU DON'T HAVE TO. WELL, I GUESS THAT WAS FOR REPLANTING.

BUT THIS GUY'S BUILDING A NEW HOUSE ON THIS LOT, CORRECT? YEAH. SO IT'S NEW CONSTRUCTION AND EXPANDING THE FOOTPRINT.

OKAY.

EARL. ONE OF THE THINGS I THOUGHT I HEARD YOU SAY IS IT WILL ACTUALLY HELP PROTECT THE ROAD THAT IS THERE BY CREATING THE CURB AND GUTTER.

SO THE ROAD ACTUALLY HAS A SPOT TO STOP, AND IT'S NOT GOING TO DETERIORATE ON THE EDGES.

THAT'S CORRECT. SO IN THE LONG TERM, IT'LL SAVE THE CITY AND THE ROAD ITSELF WILL BE BETTER BY HAVING A CURB AND GUTTER.

DID HE NOD YES OR.

I'M SO SORRY. YES.

NO. MR. ALLEN'S QUESTIONS ARE YES, THAT THE CURB PROTECTS THE EDGE OF THE STREET AND WOULD LEND TO LONGEVITY OF THE PAVEMENT. THE EDGE OF THE PAVEMENT? YES. THANK YOU.

ALL RIGHT. OTHER QUESTIONS FROM COUNCIL ON ITEM 6.

ALL RIGHT. WELL, AT THIS POINT, WE'LL LOOK FOR A MOTION.

IS IT ITEM 6? I BELIEVE SO, YES.

I'LL MAKE A MOTION TO DENY THE VARIANCE.

ALL RIGHT.

ON V2022-12.

SO I HAVE A MOTION TO DENY THAT VARIANCE.

SECOND. AND WE HAVE A SECOND.

ANY FURTHER DISCUSSION ON THAT MOTION? ALL THOSE IN FAVOR OF THAT MOTION SAY AYE.

AYE. OPPOSED. AYE.

ALL RIGHT. SO THAT CARRIES.

SIX. ONE, TWO, THREE, FOUR, FIVE, SIX, SIX.

[00:20:03]

ITEM 7. CONSIDER TAKING ACTION ON A REQUEST FOR VARIANCE FROM CHAPTER 1 SECTION 106, SIDEWALKS.

AGAIN, WE'VE HEARD THE REPORT, AND THIS IS APPLICATION V 2022-13.

SO DOES ANYBODY ELSE HAVE ANY FURTHER QUESTIONS ON THIS VARIANCE? I'LL LOOK FOR A MOTION. I'LL MAKE A MOTION TO APPROVE VARIANCE V 2022-13.

SO I HAVE A MOTION TO APPROVE AND A SECOND.

ANY FURTHER DISCUSSION ON THIS MOTION? ALL THOSE IN FAVOR OF THAT MOTION SAY AYE.

AYE. OPPOSED, SAME SIGN.

ALL RIGHT, THAT PASSES UNANIMOUSLY.

AND NUMBER 8.

CONSIDER TAKING ACTION ON REQUESTS FOR VARIANCE FROM CHAPTER 2 SECTION 2001, STREET IMPROVEMENTS.

AND THIS WOULD BE APPLICATION VARIANCE 2022-14.

ANY QUESTIONS FROM COUNCIL REGARDING THAT? LOOK FOR A MOTION. I'LL MAKE ANOTHER MOTION TO DENY VARIANCE 2022-14.

ALL RIGHT. SO I HAVE A MOTION TO DENY.

SO WE HAVE A SECOND.

ANY FURTHER DISCUSSION ON THAT? ALL THOSE IN FAVOR OF THAT MOTION SAY AYE.

AYE. OPPOSED. AYE.

ALL RIGHT. SO THAT PASSES 6-1.

THANK YOU. NUMBER 9.

CONSIDER AND TAKE ACTION ON A REQUEST FOR VARIANCE FROM CHAPTER 1 SECTION 106, SIDEWALKS.

THIS IS VARIANCE 2022-15.

ANY QUESTIONS REGARDING THAT? AND WE'LL LOOK FOR A MOTION.

MR. MAYOR, I MOVE TO APPROVE APPLICATION V2022-15.

ALL RIGHT. SECOND. SO I HAVE A MOTION TO APPROVE AND A SECOND.

ANY FURTHER DISCUSSION ON THAT MOTION? ALL THOSE IN FAVOR SAY AYE.

AYE. OPPOSED, SAME SIGN.

ALL RIGHT. AND THAT PASSES.

[Items 10 - 12]

THIS IS A CONSIDER AND TAKE ACTION ON A REQUEST FOR A VARIANCE FROM CHAPTER 2 SECTION 2001, STREET IMPROVEMENTS.

DO WE HAVE ADDITIONAL INFORMATION ON THAT? YES, MAYOR. EARL SHOULD STILL BE ONLINE AND STILL ABLE TO WALK YOU THROUGH THIS ROUND OF VARIANCES.

THANK YOU. SO THIS IS NEXT THREE AGENDA ITEMS WOULD ME FOR VARIANCE FOR CURVES ALONG WEST THOMPSON AND THEN SIDEWALK VARIANCE 2022-17 FOR SIDEWALKS ALONG WEST THOMPSON AND THEN 2022-18 IS FOR SIDEWALKS ON EAGLE DRIVE.

SO THIS IS DISD PROPERTY ADDRESSED AS 2001 WEST THOMPSON.

SO AGAIN, WE ASKED THE FOUR QUESTIONS.

WE ALWAYS HAVE TO ASK THE FOUR QUESTIONS.

SO THE FIRST QUESTION, ANSWER TO MY FINDINGS FOR THE FIRST QUESTION IS PROPERTIES BOUNDED BY COMMERCIAL OFFICE, MULTIFAMILY AND SINGLE FAMILY.

AS FAR AS I COULD TELL THE PROPERTY WAS OBTAINED BY THE SCHOOL DISTRICT IN 1971 FOR THE PURPOSE OF AN EDUCATION CAMPUS AND HAS BEEN USED FOR THAT PURPOSE EVER SINCE.

CODES DO EXIST WITHIN A REASONABLE DISTANCE OF THE PROPERTY AND WOULD COMPLETE THE CURBING OF THE SCHOOL PROPERTY.

SIDEWALKS DID NOT EXIST WITHIN A REASONABLE DISTANCE.

NOR DO ANY EXIST IN THE NEIGHBORHOOD.

AND WE'LL SEE A MAP IN A MOMENT TO FURTHER EXPLAIN SOME OF THAT.

CODES DO EXIST.

THE ADDITION OF CURBS SHOULD NOT AFFECT PROPERTY RIGHTS OF THE OWNER.

SIDEWALKS DO NOT EXIST IN THE NEIGHBORHOOD, AND THE ADDITION OF SIDEWALKS SHOULD NOT AFFECT PROPERTY RIGHTS OF THE OWNER.

QUESTION THREE.

WE COULD WE COULD SAY THAT IT COULD BE BELIEVED THAT THE ABSENCE OF SIDEWALKS HADN'T NECESSARILY ADVERSELY IMPACTED PEDESTRIAN SAFETY.

WEST THOMPSON STREET IS SHOWN ON THE DECATUR LONG RANGE MASTER PLAN AS A MINOR ARTERIAL.

THEREFORE, GRANTING OF A VARIANCE COULD BE CONSIDERED IN CONFLICT WITH THE DECATUR LONG RANGE MASTER PLAN.

AND THEN QUESTION FOUR.

CURRENTLY VACANT PROPERTIES ON THE NORTH SIDE OF WEST THOMPSON STREET AT THIS LOCATION ARE IN DEVELOPMENT PHASES AND WILL BE REQUIRED TO CONSTRUCT CURBS.

ALSO, A LOWER WATER CROSSING IMMEDIATELY TO THE EAST OF THIS CURB LOCATION WILL BE CORRECTED AND THE GRADE OF THOMPSON STREET WILL BE ALTERED TO PREVENT WATER FROM FALLING OVER THE ROAD.

WE COULD IMAGINE THAT IF CURBS WEREN'T CONSTRUCTED ON THE SCHOOL PROPERTY AT THIS TIME, THEY MAY HAVE TO BE REMOVED AND REPLACED TO ACCOMMODATE

[00:25:01]

SO IF WE CAN LOOK AT THE MAP NEXT, WE WILL SEE THAT EXISTING CURB LINES AS SHOWN AS A SOLID YELLOW LINE.

PROPOSED CURBS ARE SHOWN AS A DOTTED OR DASHED YELLOW LINE.

PROPOSED SIDEWALKS ARE SHOWN AS A DASHED SLIGHT RED LINE AND EXISTING SIDEWALKS ARE SHOWN AS A SOLID RED.

SO YOU CAN SEE THE BREAK ON WEST THOMPSON STREET THERE AT THE SCHOOL PROPERTY.

IT'S ADJACENT TO PARKING LOTS AND REPRESENTS ABOUT 430 FEET OF CURB THAT IS MISSING.

THE ADDITION OF THIS CURB WOULD COMPLETE ALL OF THE SCHOOL PROPERTY CURVING.

THE OTHER PROJECTS UP TO THE NORTH OF THE SCHOOL PROPERTY ARE PROJECTS THAT YOU'VE SEEN IN THE PAST CALLED BISHOP HEIGHTS AND THE OTHER ONES TO JUST A PARK, A SINGLE FAMILY SUBDIVISION.

SO THEY'D BE REQUIRED TO BUILD CURB AND GUTTER.

THE SIDEWALKS ARE GOING TO BE REQUIRED TO BUILD IT GOING TO BE A SIX FOOT WIDE, TO FUNCTION AS A SIDEWALK AND A BIKE TRAIL IN ACCORDANCE WITH THE MASTER THOROUGHFARE PLAN.

SO ANYWAY, THAT WOULD CONCLUDE MY PRESENTATION.

IF YOU HAVE ANY QUESTIONS.

ALL RIGHT. AGAIN, WE'LL GO THROUGH THESE ONE AT A TIME AS ON THE AGENDA.

SO ACTION.

YES. JUST ONE THING TO POINT OUT.

MR. JOHN KNOWLES, REPRESENTING DISD, IS HERE ON SITE FOR QUESTION OR COMMENT.

IF YOU HAVE ANYTHING FOR HIM.

VERY GOOD. IN YOUR CONSIDERATION.

VERY WELL. ANYBODY HAVE ANY QUESTIONS ON ITEM 10 ON THE STREET IMPROVEMENTS? ALL RIGHT. GO AHEAD.

CONFUSED BY ON THE MAP HE SHOWED US WHEN IT SAID PROPOSED.

THAT'S THE PROPOSED OF THE NEW ADDITION.

THAT'S NOT WHAT WE'RE DISCUSSING HERE.

WE'RE DISCUSSING THE BREAK IN THE SECTION BETWEEN, IN THE PARKING LOT SECTION, RIGHT? THE CURB. OKAY.

SO PROPOSED IS LIKE FUTURE DEVELOPMENT? YES. SO WE'RE ALL ON THE SAME PAGE.

THERE'S A LOT GOING ON.

YEAH.

SO WHAT IT WOULD ACTUALLY IS JUST COMPLETE OUT THE SCHOOL WHERE IT WASN'T DONE AND HOPEFULLY HELP CONTROL SOME WATER ONCE AGAIN AND THE ROAD.

WELL, YOU KNOW, I'M GOING TO BE CAPTAIN DISSENT TODAY, BUT UNTIL THAT DRAINAGE PROJECT IS FINISHED, I WOULD HATE FOR SOMEBODY TO PUT OUT MONEY JUST FOR THE POSSIBILITY THAT THAT MIGHT GET WASHED AWAY.

ALSO, IF YOU LOOK AT THE CORNER OF EAGLE DRIVE AND DEER PARK IN THAT POOL RIGHT THERE, YOU MIGHT SEE NATE.

IT LOOKS LIKE HE'S SUNBATHING.

I JUST WANTED TO POINT THAT OUT ALSO.

[LAUGHTER] ANYTHING ELSE YOU WOULD LIKE TO POINT OUT? I'LL MAKE A MOTION TO DENY THE VARIANCE.

ALL RIGHT. 2022-16.

SO WE HAVE A MOTION.

I'LL SECOND. WE HAVE A SECOND.

ANY FURTHER DISCUSSION ON THAT MOTION? ALL THOSE IN FAVOR OF THAT MOTION SAY AYE.

AYE. OPPOSED.

AYE.

ALL RIGHT, SO THAT PASSES, 6-1.

11. CONSIDER AND TAKE ACTION ON THE REQUEST FOR VARIANCE FOR CHAPTER 1 SECTION 106, SIDEWALKS.

CAN YOU SHOW US WHERE THE SIDEWALK'S ACTUALLY GOING TO BE? BECAUSE IS IT IN THAT EXACT SAME SPOT? EARL, CAN YOU SPEAK TO THAT QUESTION ABOUT SIDEWALKS? CERTAINLY. THANK YOU.

SO ON THE SCHOOL PROPERTY, THERE ARE NO SIDEWALKS ALONG ANY OF THE SCHOOL PROPERTY.

THEY'RE NOT WHAT WE'LL CONSIDER A PUBLIC NOT ALONG THE ROADWAY, WHAT WE CONSIDER A PUBLIC SIDEWALK.

OKAY. SO IS IT THE SAME EXACT STRETCH AS WHERE WE WOULD BE TRYING TO, WHERE THEY'RE TALKING ABOUT ASK IN THE VARIANCE? THE SAME PIECE FOR THE CURB IS THE SAME PIECE FOR THE SIDEWALK.

NO. NO.

NO.

I THINK YOU'RE PICKING UP ON THE QUESTION.

GO AHEAD. YEAH.

SO. SO ON THE SIDEWALK WOULD GO ALL THE WAY ALONG THE SCHOOL PROPERTY FROM. ARE YOU GUYS SEEING THE MAP?

[00:30:03]

SO IT WOULD START RIGHT THERE BY THE BASEBALL FIELD, EAST SIDE.

AND GO ALL THE WAY EAST DOWN TO THE EAST SIDE OF THE PARKING LOT NOW.

BEHIND THE LOT. SO WE WOULD HAVE A SAFE PLACE FOR KIDS TO ACTUALLY WALK AS THEY GOT OUT OF SCHOOL, IS WHAT WE'RE SAYING? YEAH, BUT I'M JUST, JUST SO TO ANSWER YOUR QUESTION, IT'S I FORGET WHAT THE FOOTAGE IS THERE, BUT IT'S PROBABLY 1000 OVER 1000 FEET VARIANCES FOR AROUND 1000 FEET OF SIDEWALK.

SINCE 1972 HOW MANY KIDS HAVE GOT HIT BY A CAR BECAUSE THEY HAVEN'T BEEN ON THE SIDEWALK? YEAH, RIGHT. WELL, THERE IS AGAIN, THERE IS A SIDEWALK ALONG THE DRIVE AREA TO THE SCHOOL SIDE.

NOT. THIS IS TALKING ABOUT ON THE ROAD SIDE.

BECAUSE AS WE LOOK UP HERE, IF WE, IF THEY PUT A SIDEWALK IN, IT WOULD LITERALLY TAKE A SIDEWALK ALMOST ALL THE WAY TO THE LIBRARY.

CORRECT? CORRECT. SO AS THE KIDS GO UP THERE TO THE LIBRARY, THEY WOULD ACTUALLY HAVE A SAFE PLACE TO WALK.

IT DOESN'T MATTER WHICH SCHOOL THEY LEFT FROM.

BRIDGE ACROSS THE CREEK DOWN THERE THAT THEY WALK FROM PARKING LOT ACROSS THE BRIDGE TO THE OTHER PARKING LOT UP TO THE LIBRARY.

AND I WILL POINT OUT THAT THE CITY DOESN'T HAVE A SIDEWALK ON THAT SIDE OF THE LIBRARY EITHER, SO.

AND SAME THING ON THIS ITEM.

JOHN KNOWLES IS HERE AVAILABLE TO ANSWER A QUESTION OR PROVIDE COMMENT IF YOU WISH, MAYOR.

KNOWLES, DO YOU HAVE AN IDEA OF HOW MUCH THIS WOULD COST FOR? THAT ON BEHALF OF THE SCHOOL DISTRICT, WE'RE IN THE PROCESS OF LOOKING AT CALLING FOR A BOND THIS COMING SPRING.

AND WE HAVE YET TO MAKE A.

OUR MIDDLE SCHOOL IS OVER CAPACITY SUBSTANTIALLY.

AND THAT PROBLEM WE'RE LOOKING AT FIXING IS GOING TO TAKE A FEW YEARS.

WHAT DIRECTION WE GO, THAT MIDDLE SCHOOL WILL BECOME VACANT.

I DON'T KNOW IF IT'S GOING TO BE REPURPOSED FOR ANOTHER, YOU KNOW, USE IN THE DISTRICT OR IF WE'RE GOING TO LOOK AT USING THAT PROPERTY FOR OTHER MEANS.

BUT YES, IT WOULD BE A VERY SUBSTANTIAL AMOUNT OF MONEY THAT UNFORTUNATELY WE HAVE NOT BUDGETED FOR THIS YEAR.

SUCH AS THE CURB AND GUTTER.

THANK YOU. THAT'S WHAT I WAS GOING TO.

OTHER QUESTIONS.

ALL RIGHT. WE'LL LOOK FOR A MOTION.

I'LL MAKE A MOTION TO APPROVE VARIANCE 2022-17.

ALL RIGHT, SO WE HAVE A MOTION.

SECOND. AND WE HAVE A SECOND.

ANY FURTHER DISCUSSION ON THAT MOTION? ALL THOSE IN FAVOR OF THAT MOTION SAY AYE.

AYE. OPPOSED, SAME SIGN. AYE.

AND THAT PASSES.

THANK YOU. SO ITEM 12.

CONSIDER TAKE ACTION ON REQUEST OF VARIANCE FROM CHAPTER 1 SECTION 106, SIDEWALKS.

THIS IS APPLICATION V 2022-18.

DOES COUNCIL HAVE QUESTIONS ON THAT? ALL RIGHT.

PROPERTY.

BASICALLY.

ALL RIGHT. I'LL BE READY TO ENTERTAIN A MOTION.

I'LL MAKE A MOTION TO APPROVE VARIANCE 2022-18.

SECOND.

SO I HAVE A MOTION AND A SECOND.

ANY FURTHER DISCUSSION ON THAT MOTION? ALL THOSE IN FAVOR OF THAT MOTION SAY AYE.

AYE. OPPOSED, SAME SIGN.

AYE. ALL RIGHT, SO THAT PASSES.

[13. CONSENT AGENDA]

THE CONSENT AGENDA, WHICH IS ITEM A IS A REQUEST FOR A FINAL PLAT APPLICATION, FINAL PLAT 2022-03.

MINUTES FOR COUNCIL MEETINGS IN THE MONTH OF NOVEMBER AND CONSIDER PAYING OF BILLS AS USUAL.

IF YOU WANT TO PASS THE CONSENT AGENDA, WE'LL MOVE ON.

OTHERWISE WE NEED TO PULL ONE OF THOSE OFF AND WE'LL VOTE ON THEM SEPARATELY.

LOOK FOR A MOTION.

MR. MAYOR, I MOVE TO APPROVE THE CONSENT AGENDA AS READ.

SECOND. ALL RIGHT, SO WE HAVE A MOTION TO PASS THE CONSENT AGENDA.

ANY DISCUSSION ON THAT? ALL THOSE IN FAVOR OF THAT MOTION SAY AYE.

AYE. OPPOSED, SAME SIGN.

ALL RIGHT, THAT PASSES. THANK YOU.

ITEM 14.

[14. COUNCIL TO HEAR PUBLIC INPUT]

DO WE HAVE ANYONE SIGN UP FOR A PUBLIC INPUT TONIGHT? WE DO, MS. LIA CARTA .

[00:35:02]

HI, EVERYONE. MERRY CHRISTMAS.

MERRY CHRISTMAS. I HEARD I MISSED SANTA.

I'M SAD ABOUT THAT.

I SAW HIM TRYING TO PULL OUT, THOUGH, OF THE PARKING LOT.

OKAY. I WASN'T GOING TO COME TONIGHT, WHICH IS WHY I WAS LATE AND MY TEN YEAR OLD LOOKED AT ME AND SAID, MOM, YOU WOULD.

YOU SAID THAT YOU WOULD COME SEE THIS THROUGH TILL THE END.

AND SO I COULDN'T LOOK AT THAT LITTLE FACE AND NOT HAVE INTEGRITY IN THAT MOMENT.

SO HERE I AM.

I, FIRST OF ALL, SINCERELY WANT TO THANK THE CITY COUNCIL AS WELL AS THE CITY MANAGER FOR BEING SO ATTENTIVE TO THE SITUATION.

I WAS ALWAYS RAISED THAT EVERYONE HAS AN INVISIBLE SIGN AROUND THEIR NECK THAT SAYS MAKE ME FEEL IMPORTANT.

AND IT'S HOW I'VE TRIED TO LIVE MY LIFE AND RAISE MY CHILDREN TO LIVE THEIR LIFE.

AND TWO OF THE COUNCIL MEMBERS, AS WELL AS THE CITY MANAGER, HAVE REALLY GONE ABOVE, ABOVE AND BEYOND TO DO THAT.

AND SO JUST THANK YOU.

YOU'VE MADE MYSELF AND SO MANY PARENTS FEEL HEARD AND ON BEHALF OF ALL OF THEM, WE'RE SUPER GRATEFUL.

THE WORD ENCOURAGE MEANS TO PLACE COURAGE INTO OTHERS.

I KNOW FOR WEEKS YOU'VE HEARD ME PASSIONATELY SPEAK OUT AGAINST THE SEXUALIZATION OF CHILDREN IN OUR PUBLIC LIBRARY.

YOU'VE HEARD OTHER PARENTS THAT WERE APPALLED AT THE EXPLICIT MATERIAL THAT'S BEEN ALLOWED IN THE CHILDREN'S SECTION THAT WAS EVEN THERE IN THE FIRST PLACE.

AND SO AS WE'RE MOVING FORWARD WITH SOLUTIONS, I NOW WANT TO ENCOURAGE YOU.

I WANT TO ENCOURAGE YOU TO REMEMBER THE COMMUNITY THAT YOU'RE REPRESENTING.

I WAS REFLECTING ON DECATUR, AND WHEN I THINK OF DECATUR, I THINK OF FAMILY, AND IT REALLY MAKES ME SMILE.

AND IF YOU'VE BEEN TO ANY OF THE FESTIVITIES IN THE PAST COUPLE OF WEEKS, YOU SAW FAMILY.

I WENT TO THE TURKEY TROT.

I KNOW YOU CAN'T TELL ME IF YOU WERE AT THE TURKEY TROT.

I DIDN'T SEE ANY OF YOU THERE, BUT IF YOU WERE THERE, THAT WAS FAMILY.

THE CHRISTMAS PARADE WITH MY LITTLES AND SEEING SO MANY SWEET CHILDREN ON THEIR DADDY'S SHOULDERS OR BEING PULLED IN WAGONS, THESE SWEET FACES THAT REPRESENT OUR FUTURE.

IF YOU ASK ANY DECATUR TRANSPLANT WHY WE MOVED HERE ON THE TOP OF THE LIST, IT WILL BE FOR COMMUNITY AND THE SENSE OF STRONG FAMILY VALUES.

I'M NEW TO CITY COUNCIL MEETINGS.

I'VE ACTUALLY LEARNED A LOT COMING, SO THAT WAS GOOD.

BUT FROM MY RESEARCH, I'M ASSUMING THAT AT LEAST THE MAYOR TOOK AN OATH WHEN YOU CAME INTO OFFICE.

AND ACCORDING TO THE TEXAS STATE SECRETARY, FROM WHAT I FOUND, YOU TOOK AN OATH TO PRESERVE, PROTECT AND DEFEND THE U.S.

CONSTITUTION. AND SO THE CONSTITUTION ACTUALLY HAS REPEATEDLY UPHELD THAT PARENTS HAVE A FUNDAMENTAL RIGHT TO MAKE DECISIONS AS FAR AS THE COMPANIONSHIP, CARE, CUSTODY AND MANAGEMENT OF THEIR CHILDREN.

AND IT'S PROTECTED UNDER THE 14TH AMENDMENT.

AND I SAY ALL THIS NOT TO GIVE YOU SOME LECTURE ON THE CONSTITUTION, BUT TO EMPOWER YOU TO DO THE RIGHT THING AND TO CONTINUE DOING THE RIGHT THING, STANDING UP FOR THE RIGHT THING BECAUSE IT IS CONSTITUTIONALLY PROTECTED.

I JUST REALLY WANT YOU TO KNOW THAT PEOPLE ARE WATCHING YOU.

THEY'RE WATCHING THIS SITUATION.

EVERY FUNCTION THAT I HAVE ATTENDED AND THERE HAS BEEN A LOT TO THIS CHRISTMAS SEASON, IT IS WITHOUT FAIL THAT PEOPLE COME UP TO ME AND THEY SAY, LIA, WHAT'S THE LIBRARY UPDATE.

WHAT'S THE LIBRARY UPDATE? AND SO MY SINCERE HOPE AT THE END OF ALL OF THIS IS THAT I CAN TELL PEOPLE HOW YOU, THE LEADERS OF DECATUR, YOU TOOK A STAND AND YOU HAD COURAGE, EVEN WHEN IT MIGHT HAVE BEEN THE SCARY THING TO DO OR THE NON-PC THING TO DO BECAUSE YOU BELIEVED IN THE FUTURE FOR OUR CHILDREN, FOR SOME OF YOU, FOR YOUR GRANDCHILDREN.

AND YOU SAW THE IMPORTANCE THAT THIS IS SUCH A, IT SEEMS LIKE A SMALL ISSUE, BUT IF WE CONTINUE TO LET THE SEXUALIZATION OF CHILDREN OCCUR, THEN WE'VE LOST THE FUTURE FOR THEM.

SO THANK YOU.

ALL RIGHT. THANK YOU.

DO WE HAVE ANYONE ELSE SIGNED UP FOR PUBLIC INPUT TONIGHT? ALL RIGHT. THANK YOU.

[15. EXECUTIVE SESSION]

EXECUTIVE SESSION.

WE'LL ENTER INTO EXECUTIVE SESSION UNDER 551.01 AND 551.074, PERSONNEL MATTERS, VALUATION OF CITY MANAGER AND 551.071, CONSULTATION WITH ATTORNEY.

AND WE WILL ENTER INTO EXECUTIVE SESSION AT THIS TIME AT 6:39.

AND THAT GETS US TO ITEM 16.

COUNCIL MEMBERS YOU CAN REQUEST ITEMS FOR THE FUTURE AGENDA AND THAT GETS US TO ADJOURNMENT.

AND WE ADJOURN AT THE SAME TIME, 7:27.

THANK YOU.

* This transcript was compiled from uncorrected Closed Captioning.