Nov 27, 2023 Special City Council

[00:00:06]

ALL RIGHT, WE WILL [PAUSE] 6:15 AND ITEM ONE IS

[CALL TO ORDER]

[1. CONSIDER AND TAKE APPROPRIATE ACTION ON A SECOND READING OF AN ORDINANCE OF THE CITY OF DECATUR, TEXAS ACCEPTING AND APPROVING A FINAL VISTA PARK PUBLIC IMPROVEMENT DISTRICT NO. 1 SERVICE AND ASSESSMENT PLAN, INCLUDING THE IMPROVEMENT AREA #1 ASSESSMENT ROLL; MAKING A FINDING OF SPECIAL BENEFIT TO PROPERTY WITHIN IMPROVEMENT AREA #1 OF THE VISTA PARK PUBLIC IMPROVEMENT DISTRICT NO. 1; LEVYING SPECIAL ASSESSMENTS AGAINST SUCH PROPERTY AND ESTABLISHING A LIEN ON SUCH PROPERTY; PROVIDING FOR THE METHOD OF ASSESSMENT AND THE PAYMENT OF THE ASSESSMENTS LEVIED AGAINST IMPROVEMENT AREA #1 ASSESSED PROPERTY, IN ACCORDANCE WITH CHAPTER 372 OF THE TEXAS LOCAL GOVERNMENT CODE, AS AMENDED.]

SO DOES ANYBODY HAVE ANY QUESTIONS OR COMMENTS REGARDING ITEM ONE IN THE LAST NINE MINUTES? IN THE LAST NINE MINUTES, I WILL MAKE A MOTION TO APPROVE ORDINANCE 2023-11-33.

I'LL SECOND THAT.

ALL RIGHT. SO WE HAVE A MOTION TO APPROVE THIS ORDINANCE.

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

AYE. OPPOSED SAME SIGN.

ALL RIGHT THAT PASSES UNANIMOUSLY.

THANK YOU ALL.

ALL RIGHT. ITEM TWO CONSIDER AND TAKE APPROPRIATE ACTION ON A SECOND READING OF AN ORDINANCE CITY DECATUR TEXAS.

[2. CONSIDER AND TAKE APPROPRIATE ACTION ON A SECOND READING OF AN ORDINANCE OF THE CITY OF DECATUR, TEXAS APPROVING AND AUTHORIZING THE ISSUANCE AND SALE OF THE CITY OF DECATUR, TEXAS, SPECIAL ASSESSMENT REVENUE BONDS, SERIES 2023 (VISTA PARK PUBLIC IMPROVEMENT DISTRICT NO. 1 IMPROVEMENT AREA #1 PROJECT); APPROVING AND AUTHORIZING RELATED AGREEMENTS; AND PROVIDING AN EFFECTIVE DATE.]

I FEEL LIKE THIS IS ALSO SOMETHING THAT'S BEEN ON OUR PLATE RECENTLY.

SO ANY OTHER QUESTIONS ABOUT THIS ITEM? MR. MAYOR, I'D LIKE TO MAKE A MOTION TO APPROVE ORDINANCE 2023-11-34.

ALL RIGHT. SO WE HAVE AN APPROVAL 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.

THANK YOU.

ITEM THREE CONSIDER AND ACT UPON A RESOLUTION APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR THE CONSTRUCTION AND FUNDING OF AUTHORIZED IMPROVEMENTS AND

[3. CONSIDER AND ACT UPON A RESOLUTION APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR THE CONSTRUCTION AND FUNDING OF AUTHORIZED IMPROVEMENTS AND REIMBURSEMENT OF ADVANCES – VISTA PARK PUBLIC IMPROVEMENT DISTRICT NO. 1 – IMPROVEMENT AREA #2, AN AGREEMENT FOR THE CONSTRUCTION AND FUNDING OF AUTHORIZED IMPROVEMENTS AND REIMBURSEMENT OF ADVANCES – VISTA PARK PUBLIC IMPROVEMENT DISTRICT NO. 1 – IMPROVEMENT AREA #3, AND AN AGREEMENT FOR THE CONSTRUCTION AND FUNDING OF AUTHORIZED IMPROVEMENTS AND REIMBURSEMENT OF ADVANCES – VISTA PARK PUBLIC IMPROVEMENT DISTRICT NO. 1 – IMPROVEMENT AREA #4 AND RESOLVING OTHER RELATED MATTERS INCIDENT THERETO.]

VISTA PARK PUBLIC IMPROVEMENT DISTRICT ONE.

YES, SIR. PERFECT.

AND APOLOGIES. I STARTED WALKING UP HERE.

I WAS LIKE, OH, THAT'S A LONG CAPTION.

YOU WALKED UP AT THE RIGHT MOMENT.

PERFECT. SO JORDAN SAWYER AGAIN, BOND COUNSEL NORTON ROSE FULBRIGHT.

SO WHAT THE CITY JUST APPROVED WAS WITH RESPECT TO IMPROVEMENT AREA ONE.

SO THE KIND OF THE FIRST PHASE OF DEVELOPMENT WITHIN THE VISTA PARK PID, THE DEVELOPER WHO'S HERE TONIGHT IS DEVELOPING THE REST OF THE IMPROVEMENT, THE PID AS THEY'RE GOING.

AND THESE REIMBURSEMENT AGREEMENTS BASICALLY RESERVE THE RIGHT FOR THEM TO GET PAID IN THE FUTURE.

IF AND WHEN THE CITY DOES ISSUE LEVY ASSESSMENTS AND ISSUE BONDS.

SO THIS ESSENTIALLY JUST RESERVES THEIR RIGHT TO BE PAID IF AND WHEN THE CITY LEVIES ASSESSMENTS.

SO HAPPY TO ANSWER ANY QUESTIONS.

QUESTIONS COUNCIL? ALL RIGHT. THANK YOU SO MUCH.

ANY OTHER REPORTS FROM THE CITY? ALL RIGHT. WHAT'S THE PLEASURE OF THE COUNCIL? MY PLEASURE IS TO MAKE A MOTION, SIR.

LOVELY. I'D LIKE TO MOVE TO APPROVE RESOLUTION R2023-11-26.

ALL RIGHT, SO WE HAVE A MOTION.

SECOND. AND WE HAVE A SECOND.

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

AYE. OPPOSED SAME SIGN.

ALL RIGHT. THAT PASSES. THANK YOU SO MUCH.

ITEM FOUR. CONSIDER AND TAKE APPROPRIATE ACTION TO APPROVE A WAIVER REQUEST BY OWNERS TODD MCCARLEY AND DEREK MCCARLEY AND DEVELOPMENT DECATUR MC LLC

[4. CONSIDER AND TAKE APPROPRIATE ACTION TO APPROVE A WAIVER REQUEST BY OWNERS TODD MCCARLEY AND DEREK MCCARLEY AND DEVELOPER DECATUR MC, LLC REGARDING THE MEADOW CREEK DEVELOPMENT TO SUBMIT A PUBLIC IMPROVEMENT DISTRICT (PID) CREATION DOCUMENT BY DECEMBER 1, 2024.]

MAYOR AND COUNCIL THIS ACTION ITEM TONIGHT IS FOR THE MEADOW CREEK DEVELOPMENT.

IT'S A WAIVER ALLOWING FOR US TO MOVE THE CONTRACTED DATE TO DECEMBER 1ST, 2024 FOR THE CREATION OF THE MEADOW CREEK PID AND THE ASSOCIATED PROCESSES. PAM AND LEGAL STAFF HAVE REVIEWED THE WAIVER.

BOTH PARTIES AGREE THIS IS SIMPLY A CLERICAL ITEM THAT ALLOWS US TO EXTEND THE DATE PAST ITS ORIGINAL, DOCUMENTED DATE.

VERY GOOD. ANY QUESTIONS FROM COUNCIL? YES. WHAT WAS THE ORIGINAL DATE? JUNE. JUNE 1ST, 2023.

THANK YOU. AND IS THIS A ONE TIME WAIVER? THE AGREEMENT DOES NOT LIMIT THE NUMBER OF WAIVERS, BUT IT DOES ALLOW FOR THERE TO BE A WAIVER.

SO THE DEVELOPERS HAVE COME IN WITH THIS FIRST REQUEST FOR A WAIVER.

ANY OTHER QUESTIONS? WE'LL LOOK FOR A MOTION.

MR. MAYOR. YES I MOVE THAT WE APPROVE ORDINANCE 2023-11-34

[00:05:07]

I'M SORRY. SORRY THAT WE APPROVE THE WAIVER REQUEST BY OWNERS TODD MCCARLEY AND DEREK MCCARLEY FOR A DECEMBER 1ST DATE, C REATION DATE. ALL RIGHT, SO WE HAVE A MOTION SECOND, AND WE HAVE A SECOND.

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

AYE. OPPOSED SAME SIGN.

ALL RIGHT. THAT PASSES.

THANK YOU COUNCIL.

ITEM FIVE. CONSIDER AND TAKE APPROPRIATE ACTION ON AMENDMENT TO THE PERFORMANCE AGREEMENT BETWEEN THE ECONOMIC DEVELOPMENT OF THE CITY OF DECATUR AND TEXAS AND GT

[5. CONSIDER AND TAKE ACTION ON AN AMENDMENT TO THE PERFORMANCE AGREEMENT BETWEEN THE ECONOMIC DEVELOPMENT OF THE CITY OF DECATUR, TEXAS AND GT PRODUCTS, LLC, A TEXAS LIMITED LIABILITY COMPANY.]

MAYOR AND COUNCIL I'M FILLING IN FOR KEVIN TONIGHT, SO YOU'LL HAVE TO EXCUSE MY LANGUAGE HERE.

HE SENT ME SOME NOTES. HE'S GOT SOME SICK FAMILY MEMBERS, SO I'M STEPPING IN FOR HIM.

SO THIS IS A AMENDMENT TO AN AGREEMENT BETWEEN GT PRODUCTS AND THE EDC.

IT'S THE FINAL AMENDMENT BETWEEN THE COMPANY AND THE EDC.

BOTH PARTIES ARE COMFORTABLE WITH THAT.

THE COMPANY'S EXPERIENCED SOME HEADWINDS THAT HAVE DELAYED THE PROJECT RELATIVE TO THE ECONOMY.

COMPANY HAS BEEN FULLY TRANSPARENT FROM THE BEGINNING, AS THEY'VE BEEN PRESENT AT ALMOST EVERY EDC BOARD MEETING IN PERSON.

THE AMENDED AGREEMENT MOVES TO COMMENCE CONSTRUCTION TO JULY 31ST OF 2024, AND ALL OTHER DATES ARE MOVED BACK TO BE COMPLIMENTARY TO THAT DATE AND CARRY [INAUDIBLE] REPRESENTING GT PRODUCTS IS HERE TONIGHT IF YOU HAVE ANY SPECIFIC QUESTIONS FOR THE COMPANY.

I'M HAPPY THAT THIS WAS APPROVED BY THE EDC.

YES, SIR. IT WAS APPROVED BY THE EDC AT THEIR LAST REGULARLY SCHEDULED BOARD MEETING.

ALL RIGHT. VERY GOOD.

COUNCIL ANY QUESTIONS? LOOK FOR A MOTION. I'LL MAKE A MOTION TO . SECOND. HAVE A MOTION AND A SECOND.

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

AYE. OPPOSED? SAME SIGN.

ALL RIGHT. THAT PASSES UNANIMOUSLY.

THANK YOU COUNCIL.

THANK YOU SIR. ITEM SIX.

[6. CONSIDER AND TAKE APPROPRIATE ACTION TO APPROVE THE ALTERNATE EXPENSES RELATED TO THE CONSTRUCTION AND RENOVATION OF THE DECATUR PUBLIC LIBRARY.]

MAYOR AND COUNCIL.

LAST MONTH, WE BROUGHT A CONTRACT FOR THE RENOVATION OF THE DECATUR PUBLIC LIBRARY BEFORE YOU.

YOU APPROVED IT. WE DIDN'T ASK FOR THE ALTERNATES TO BE APPROVED AT THAT TIME, BECAUSE ONCE WE HAD A CONTRACT WITH X5 WE WANTED THEM TO DO SOME INVESTIGATING FOR US AS PART OF THAT INITIAL CONTRACT.

THEY ACTUALLY CAME BACK WITH REPAIR BIDS THAT WERE MUCH LOWER THAN THE ORIGINAL ALTERNATE PRICES.

SO THIS WOULD BE ASKING FOR YOUR APPROVAL TO APPROVE THE ALTERNATES THAT ARE LISTED ON PAGE 432 IN BETWEEN THE GREEN LINES ON YOUR PACKET, AND THERE'S A SEPARATE SHEET THAT'S LAID BY YOUR COMPUTERS.

THE ORIGINAL COST OF THE PLUMBING REPAIR INSIDE OF THE BUILDING WAS $198,000.

THE NEW ESTIMATE AFTER INVESTIGATION BY X5 IS $61,200.

AND THE LIBRARY HAS FUNDS FROM THE FOUNDATION THAT WILL COVER THOSE OVERAGES.

SO THERE'S NO IMPACT TO THE LIBRARY'S RENOVATION LINE ITEM.

VERY GOOD. SO NO IMPACT TO THE CITY IN THIS RESPECT.

THANKS TO THE FOUNDATION.

ALL RIGHT. ANY QUESTIONS FROM COUNCIL? YES. SO IT SAYS THAT THIS IS FOR STRICTLY THE INTERIOR.

BUT THE AGREEMENT, THE AGREEMENT DOESN'T EXACTLY.

THE $198,000 DOESN'T SPECIFY THAT IT'S ONLY INTERNAL.

WAS THAT THE INTENT BEHIND IT TO START WITH? ARE YOU TALKING ABOUT THE INTERNAL PLUMBING? YEAH. THE PLUMBING ISSUES WERE SPECIFIC TO SEWER PIPING, AND IT WAS ALL THE INTERNAL PIPE UP INTO THE CITY SERVICE AT THE OUTSIDE OF THE BUILDING, AND THEN THE DRAINS ON THE OUTSIDE OF THE BUILDING FROM THE TOP OF THE BUILDING DOWN.

SO THIS AGREEMENT COVERS ALL OF THE INTERIOR PIPING.

DRAIN REPAIR WAS NOT NECESSARY, AND WE DETERMINED THAT THE CITY'S SERVICE SIDE NEEDS TO BE REPAIRED OUTSIDE AND NOTHING ELSE.

OKAY. I HOPE THAT ANSWERED YOUR QUESTION.

YES. THANK YOU.

YES, MA'AM. OTHER QUESTIONS? ALL RIGHT. MR. MAYOR, I'D LIKE TO MAKE A MOTION TO APPROVE THE ALTERNATE EXPENSES RELATED TO THE CONSTRUCTION AND RENOVATION OF THE DECATUR PUBLIC LIBRARY.

ALL RIGHT. SO WE HAVE A MOTION.

SECOND.

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

[00:10:03]

ALL RIGHT. THAT PASSES.

THANK YOU COUNCIL.

ITEM SEVEN. CONSIDER SECOND READING AND TAKE APPROPRIATE ACTION REGARDING AN ORDINANCE PROVIDING AN AMENDMENT TO APPENDIX B, ZONING OF THE CODE OF ORDINANCES FOR THE CITY OF

[7. CONSIDER SECOND READING AND TAKE APPROPRIATE ACTION REGARDING AN ORDINANCE PROVIDING AN AMENDMENT TO APPENDIX “B,” “ZONING” OF THE CODE OF ORDINANCES OF THE CITY OF DECATUR, TEXAS TO GRANT A SPECIFIC USE PERMIT TO ALLOW A DOG TRAINING FACILITY IN A C-1, RESTRICTED BUSINESS ZONING DISTRICT, ON APPROXIMATELY 0.021 ACRES OF LAND LOCATED AT 307 W. MAIN ST. STE. B. (SPECIFIC USE PERMIT APPLICATION 2023-06—MR. JUSTIN RIE, ON BEHALF OF HIGH BOOT HUNTING DOGS AND OBEDIENCE) (THE PLANNING AND ZONING COMMISSION RECOMMEND APPROVAL, 6-0.) SUP2023-06 ORDINANCE 2023-11-35]

THIS IS SUP 2023-06.

MAYOR AND COUNCIL. NO CHANGES SINCE THIS SUP WAS FIRST PRESENTED TO YOU.

THE REPRESENTATIVE OF THE PROPERTY IS ON SITE AND MAY WISH TO SAY A FEW WORDS.

AND WAYNE IS ALSO HERE REPRESENTING PLANNING AND BUILDING IF YOU HAVE QUESTIONS.

THIS IS A SECOND READING AND YOU MAY TAKE ACTION.

ALL RIGHT SO ANY QUESTIONS FROM COUNCIL.

I DO SO, CHIEF YOU'RE OKAY.

THERE'S NOT ANYTHING LONGER THAN A 24 HOUR SHELTER OF ANIMALS BEING NO, WE'RE GOOD AS IT RELATES TO ANY ANIMAL CONTROL ISSUES.

OTHER QUESTIONS FROM COUNCIL? ALL RIGHT. WHAT'S THE PLEASURE OF THE COUNCIL? MR. MAYOR, I'D LIKE TO MAKE A MOTION, PLEASE.

ALL RIGHT. I MOVE TO APPROVE SUP 2023-06.

SECOND. SO WE HAVE A MOTION BEFORE US.

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

AYE. OPPOSED SAME SIGN.

ALL RIGHT. THAT PASSES UNANIMOUSLY.

THANK YOU.

[8. EXECUTIVE SESSION]

AND WE WILL ENTER INTO EXECUTIVE SESSION AT 2:26.

LET'S GET LET'S GET THE NUMBERS IN THE RIGHT ORDER 6:26 THIS EXECUTIVE SESSION IS FOR LEGAL ADVICE 551.71 AND PERSONNEL MATTERS 551.074 AND WE WILL ADJOURN.

THANK YOU.

OKAY. WE WILL RECONVENE INTO OPEN SESSION AT 8:46.

THERE IS NO ACTION TO TAKE OUT OF THE EXECUTIVE SESSION.

ITEM NINE IS THE COUNCIL TO HEAR ANY PUBLIC INPUT.

DO WE HAVE ANYBODY SIGNED UP FOR PUBLIC INPUT TONIGHT? ALL RIGHT. AND ITEM TEN IS IF YOU HAVE ANY ITEMS THAT YOU WOULD LIKE ON FUTURE AGENDAS PLEASE LET US KNOW.

AND WITH THAT AT 8:46 WE WILL ADJOURN.

* This transcript was compiled from uncorrected Closed Captioning.