[00:01:12]
>> MAYOR, IF YOU WOULDN'T MIND, JUST PLEASE RESTATE THE TIME.
WOULD YOU PLEASE RESTATE THE TIME.
>> MAYOR AND COUNCIL, YOU SHOULD HAVE IN FRONT OF YOU
[1. RECEIVE OUTSIDE AUDIT REPORT FOR FISCAL YEAR 2022-2023 AND TAKE APPROPRIATE ACTION TO AUTHORIZE DISTRIBUTION.]
A INDEPENDENT AUDITOR'S REPORT FROM FORVIS, AND I'LL INVITE MS. LAUREN BARRY UP, WHO'LL BE GIVING YOU THE DETAILS OF THAT AUDIT.>> WE PUT THE WORD OUT THAT YOU'RE DOING AN AUDIT TONIGHT, SO THANK YOU.
>> IT'S EXCITING. MY NAME IS LAUREN.
LIKE YOU MENTIONED, I AM A FULL-TIME MUNICIPAL AUDITOR.
DON'T ASK ME ANY TAX QUESTIONS.
I DO NOT KNOW THE ANSWER TO THEM.
I'M PRETTY PASSIONATE ABOUT WHAT I DO.
I CAN SOMETIMES GET A LITTLE BIT WOUND UP, SO IF I GET TOO CRAZY, YOU'LL JUST PULL ME IN IF I'M TALKING [OVERLAPPING] TO SPEAK.
FIRST THING I WANT TO POINT OUT TO YOU, I'LL LEAVE WITH IT.
WHAT EVERYONE WANTS TO KNOW IS ON PAGE 1 OF THIS DOCUMENT IS YOUR AUDIT OPINION.
WHEN YOU LOOK AT THAT AUDIT OPINION, YOU HAVE WHAT WE CALL A CLEAN AUDITOR SPEAKER'S UNMODIFIED OPINION, WHICH IS WHAT YOU WANT.
WHENEVER YOU THINK ABOUT LIKE A REPORT CARD AT SCHOOL, IT'S GOING TO BE AN A+.
THAT IS THE NUMBER 1 MOST IMPORTANT THING WHENEVER YOU'RE REVIEWING YOUR AUDIT REPORT.
THAT IS SOMETHING THAT Y'ALL SHOULD BE PROUD OF.
THE FIRST THING I WANT TO LEAVE WITH WHEN TALKING ABOUT THE AUDIT.
THE NEXT THING I'M GOING TO GO OVER, IT'S TUCKED INTO THE SIDE OF THE REPORT, IS WHAT WE CALL A REQUIRED COMMUNICATION LETTER.
I'M JUST GOING TO HIT A COUPLE OF THE HIGHLIGHTS.
I WON'T READ TO YOU EVERYTHING BUT OF COURSE, IF YOU HAVE ANY QUESTIONS I'M PRETTY INFORMAL, SO PLEASE FEEL FREE TO STOP ME AND ASK IF YOU HAVE ANYTHING AS WE'RE LOOKING AT THIS.
THE FIRST THING IS WE CONDUCTED OUR AUDIT IN ACCORDANCE WITH THE REQUIRED AUDITING STANDARDS.
THAT'S ALL LISTED THERE, THE SCOPE OF OUR AUDIT.
OF COURSE, WE'RE AN INDEPENDENT AUDIT FIRM, AND SO WE DID AN INDEPENDENT AUDIT OF YOUR FINANCIAL STATEMENTS.
IF YOU REALLY WANT SOME GOOD READING, THERE IS SOME SIGNIFICANT ACCOUNTING POLICIES OUTLINED IN NOTE 1 OF THOSE FINANCIAL STATEMENTS, AND THAT STARTS ON PAGE 22.
THERE ARE NO UNUSUAL POLICIES OR ALTERNATIVE ACCOUNTING TREATMENTS TO SUPPORT.
THEN A COUPLE OF THINGS JUST WANT TO POINT OUT, IF SOMEONE WANTS TO LOOK AT THIS SET OF FINANCIAL STATEMENTS.
SOME THINGS THAT MIGHT BE INTERESTING THAT THEY MIGHT WANT TO LOOK AT FIRST, WHENEVER YOU'RE PREPARING ANY SET OF FINANCIAL STATEMENTS, NOT JUST YOURS, BUT THINK ABOUT ANY ENTITY.
THERE ARE SOME SIGNIFICANT ESTIMATES THAT GO INTO PLACE WHENEVER YOU'RE PREPARING FINANCIAL STATEMENTS.
FOR THE CITY IT'S GOING TO BE YOUR ALLOWANCE FOR DOUBTFUL ACCOUNTS.
EVERYONE LIKES TO TALK ABOUT PENSIONS AND OPEB LIABILITY, SO THOSE ARE ALSO PRETTY SIGNIFICANT ESTIMATES.
THEN ESTIMATES RELATED TO LEASES, YOUR DISCOUNT RATE, YOUR LEASE TERM, YOUR LEASE PAYMENTS.
THEN THE SAME THING ON PAGE 3 OF THE LETTER, IF YOU'RE FOLLOWING ALONG THE SIGNIFICANT FINANCIAL STATEMENT DISCLOSURES ARE THOSE SAME THINGS, YOUR PENSION LIABILITY, OPEB LIABILITY, TAX ABATEMENTS, AND LEASES.
WHENEVER WE ARE DOING AN AUDIT, WE GO THROUGH THE FINANCIAL STATEMENT NUMBERS AND WE WILL PROPOSE WHAT WE CALL AUDIT ADJUSTMENTS.
MANAGEMENT WILL LOOK AT THOSE ADJUSTMENTS AND THEY'LL EITHER SAY, YEAH, WE THINK WE NEED TO MAKE THEM OR NO, WE'RE NOT GOING TO MAKE THEM.
I'VE LISTED THERE THE AUDITOR PROPOSED ADJUSTMENTS DOWN THERE FOR Y'ALL IN THAT SECTION OF THE LETTER.
NEXT IS THE UNCORRECTED MISSTATEMENTS.
[00:05:01]
THERE WAS ACTUALLY ONLY ONE THIS YEAR.IT WAS AN ENTRY THAT MANAGEMENT LOOKS AT AND SAYS, NO, WE THINK IT'S NOT MATERIAL SO WE'RE NOT GOING TO MAKE IT.
THAT ONE WAS JUST RELATED TO A DEVELOPER CONTRIBUTION.
THE LAST BUT NOT LEAST, WE'RE GOING TO TALK A LITTLE BIT ABOUT INTERNAL CONTROLS.
WE DO A LITTLE BIT WITH THE CITY'S INTERNAL CONTROLS OVER FINANCIAL REPORTING.
WE DON'T ISSUE AN OPINION ON THE EFFECTIVENESS, BUT WE DO WHAT WE CALL INTERNAL CONTROL WALK-THROUGHS, KIND OF WALK THROUGH THE CONTROLS, SEE HOW THEY'RE OPERATING, AND MAKE RECOMMENDATIONS.
WHEN THINKING ABOUT INTERNAL CONTROLS, THERE'S THREE DIFFERENT LEVELS.
THE MOST SEVERE ONE, AND THIS IS ON PAGE 5, IS WHAT WE CALL A MATERIAL WEAKNESS.
THEN WE HAVE A SIGNIFICANT DEFICIENCY AND A DEFICIENCY.
IN OUR AUDIT REPORT AT THE VERY BACK, THERE ARE TWO SIGNIFICANT DEFICIENCIES OUTLINED THERE.
ONE IS FOR INTERNAL CONTROLS OVER FINANCIAL REPORTING, FOR SEGREGATION OF DUTIES.
ANYTIME YOU HAVE A SMALL ACCOUNTING STAFF, IT'S REALLY HARD TO DO WHAT WE CALL SEGREGATE THOSE DUTIES.
WE AUDIT A LOT OF CLIENTS THROUGHOUT THE METROPLEX AND THIS IS A PRETTY COMMON OCCURRENCE FOR ALMOST EVERY SINGLE ENTITY THAT I AUDIT.
IT'S TYPICALLY A SIGNIFICANT DEFICIENCY OR DEFICIENCY EVEN FOR SOME OF THE LARGER CITIES ACTUALLY, YOU'D BE SURPRISED.
IT'S PUBLIC INFORMATION, SO YOU CAN LOOK AT THEIR AUDITS TOO AND SEE THEM.
YOU'RE TRYING TO BE FISCALLY RESPONSIBLE, SO YOU DON'T WANT TO HAVE JUST A ROOM FULL OF PEOPLE JUST TO SEGREGATE THOSE DUTIES SO THAT'S SOMETHING THAT WE DO HAVE TO BRING TO LIGHT, JUST TO BRING TO YOUR ATTENTION.
OUR JOB IS TO LOOK AT THINGS AND SAY, WORST CASE SCENARIO, IF SOMEBODY REALLY WANTED TO DO SOMETHING BAD, COULD THEY DO IT? THAT'S JUST OUR RESPONSIBILITY TO BRING THAT TO YOUR ATTENTION.
THEN ALSO, JUST DUE TO THE NUMBER OF ADJUSTMENTS THAT WE HAD TO MAKE, THE KIND OF URINE CLOSE [INAUDIBLE] SINCE THERE IS SUCH A SMALL STAFF, THE AUDIT ISN'T THEIR FULL-TIME JOB.
WE HAVE WHAT WE CALL OUR AUDIT NUMBERS, WHICH AREN'T NECESSARILY RIGHT, YOUR BUDGET NUMBERS OR YOUR CASH NUMBERS.
WE DO HAVE TO MAKE QUITE A FEW ADJUSTMENTS TO GET THOSE AUDIT NUMBERS.
THAT WAS THE OTHER SIGNIFICANT DEFICIENCY THERE. IS THERE ANY QUESTIONS? NO.
LAST BUT NOT LEAST, WE DO HAVE A BREAK FINALLY FROM ALL THE NEW GASB STANDARDS.
NEXT YEAR THERE'LL BE A BREAK, BUT THEN THE YEAR AFTER THAT THEY WILL BE RIGHT INTO IT WITH A NEW ONE IT'S CALLED GASB 101 AND OF COURSE, WE WILL WORK WITH THE CITY TO HELP IMPLEMENT THAT THERE AS WELL.
WITH THAT, I'LL TAKE ANY QUESTIONS THAT YOU HAVE OR ANYTHING THAT YOU WANT TO GO BACK AND SAY, HEY, THAT DIDN'T MAKE SENSE, CAN WE REVISIT IT?
>> QUESTIONS FROM COUNCIL? WELL, THANK YOU VERY MUCH.
>> WE APPRECIATE THAT. ITEM 2, RECEIVED PRESENTATION FROM KIMLEY-HORN.
[2. RECEIVE PRESENTATION FROM KIMLEY-HORN REGARDING REWRITE OF SUBDIVISION ORDINANCE AND CONSIDER FIRST READING OF AN ORDINANCE REPEALING AND REPLACING ORDINANCE 2000-05-08 CODIFIED AS APPENDIX A OF THE CITY CODE OF ORDINANCES; PRESCRIBING RULES AND REGULATIONS GOVERNING PLATS, PLANS, AND SUBDIVISIONS OF LAND WITHIN THE CORPORATE LIMITS OF THE CITY OF DECATUR, TEXAS, OR WITHIN ITS JURISDICTION, CONTAINING CERTAIN DEFINITIONS; PROVIDING APPENDICES GOVERNING DESIGN, CONSTRUCTION, AND OTHER STANDARDS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. ORDINANCE 2024-03-06]
>> MAYOR AND COUNCIL AS YOU RECALL, WE'VE BEEN WORKING TO GET YOUR SUBDIVISION ORDINANCE COMPLETELY REWRITTEN AND TONIGHT MARK BOWERS FROM KIMLEY-HORN IS HERE TO GIVE YOU A PRESENTATION AND FIRST LOOK OF THAT NEW DOCUMENT.
MARK WE'LL TURN IT OVER TO YOU.
>> MAYOR AND COUNCIL. AGAIN, MY NAME IS MARK BOWERS.
I'M A PLANNER AND URBAN DESIGNER WITH KIMLEY-HORN.
WORKED WITH THE CITY ON THE COMPREHENSIVE PLAN A FEW YEARS BACK AND WE WERE ASKED TO COME BACK IN AND HELP WITH YOUR ORDINANCES.
WE HAVE BEEN WORKING VERY CLOSELY WITH STAFF ON THIS ORDINANCE FOR SOME TIME NOW, FOR ALMOST TWO YEARS, I THINK.
IN FACT, WE CAME TO YOU LAST MAY AND RAISED SEVERAL QUESTIONS AND GOT SOME DIRECTION FROM COUNSEL ON REALLY SOME POLICY DIRECTION ON HOW YOU WANTED US TO MOVE FORWARD WITH CERTAIN ASPECTS OF THE ORDINANCE.
WE'VE INCORPORATED THOSE AT THIS POINT, SO WE'RE PLEASED TO BE HERE TONIGHT TO BE ABLE TO PROVIDE A LITTLE BIT MORE DETAIL ON THAT ORDINANCE.
YEAH. IF WE CAN GO INTO THE NEXT SLIDE, QUESTION NUMBER 1 THAT WE SOMETIMES HEAR IN COMMUNITIES IS WHY ARE WE UPDATING THESE ORDINANCES? THERE WERE SEVERAL THINGS THAT WE HEARD FROM THE CITY, ESPECIALLY THROUGH THE COMPREHENSIVE PLAN PROCESS, ABOUT A NEED TO UPDATE THE SUBDIVISION ORDINANCE, SO NUMBER 1, WAS TO FACILITATE THE IMPLEMENTATION OF THE COMPREHENSIVE PLAN AND REMOVE ANY BARRIERS TO BEING ABLE TO HIT THAT VISION THAT THE COMMUNITY REALLY WANTED TO SEE.
BUT ALSO TO MAKE THE ORDINANCES MORE USER FRIENDLY.
THEY WERE A LITTLE BIT CONTRIVED.
THERE WERE SOME THINGS THAT HAD BEEN ADDED AND REMOVED THROUGH THE YEARS, SO THERE WERE ALSO SOME INCONSISTENCIES.
ALSO, WE HEARD THAT THERE WAS A DESIRE TO RELIEVE SOME OF THE EXTENSIVE PNC AND COUNCIL AGENDAS.
WE LOOKED AT SOME WAYS OTHER COMMUNITIES HAVE STARTED TO DO THINGS WITH ORDINANCES TO BE ABLE TO RELIEVE AGENDAS
[00:10:03]
BY DELEGATING SOME OF THOSE ITEMS THAT HAD BECOME REGULAR THINGS ON THE AGENDAS TO CREATE A MORE BUSINESS FRIENDLY DEVELOPMENT PROCESS.A LOT OF TIMES, ORDINANCES CAN BE A BARRIER TO GETTING THE TYPE OF DEVELOPMENT YOU WANT IN YOUR COMMUNITY, BECAUSE DEVELOPERS SAY IT'S JUST TOO HARD TO DEAL WITH.
WE'RE NOT GOING TO COME TO IT.
TO ELIMINATE EXISTING CONFLICTS, AS I SAID, AND INCORPORATE SOME OF THE BEST PRACTICES THAT HAVE BEEN IN THE INDUSTRY SINCE THE LAST ORDINANCE WAS CREATED IN DEVELOPMENT REGULATIONS.
ON THE NEXT SLIDE, THAT PROCESS INCLUDED, WE KICKED OFF WITH A CODE DIAGNOSTICS MEETING WITH CITY STAFF.
IT'S A POST MORTEM OF LOOKING AT YOUR CODE AND SAYING WHAT ARE THE THINGS THAT ARE WORKING WELL? WHAT ARE THE THINGS THAT AREN'T WORKING WELL? WHAT DO YOU WANT TO GET FIXED AND IDENTIFY THOSE CRITICAL ISSUES THAT NEED TO BE ADDRESSED? WE THEN LOOKED AT PEER COMMUNITIES, REALLY MORE IN THE REGION HERE, BUT ALSO AROUND THE STATE TO SEE HOW THEY ADDRESS SOME OF THOSE ITEMS. WE THEN BROUGHT SOME OF THOSE SAMPLE ORDINANCES FROM THE PEER COMMUNITIES BACK TO STAFF, AND SAID, ARE THERE ASPECTS OF THESE THAT ARE STARTING TO ADDRESS THE CONCERNS THAT YOU HAVE WITH THE CURRENT ORDINANCE? ARE THERE THINGS HERE THAT WE WOULD WANT TO INCORPORATE? LET'S USE THE LEARNING CURVE, THAT OTHER COMMUNITIES HAVE HAD TO BE ABLE TO INCORPORATE SOME OF THOSE IDEAS INTO YOUR ORDINANCE.
WE PREPARED A DRAFT ORDINANCE AND THEN REVIEWED EACH CHAPTER WITH STAFF ON MULTIPLE CALLS TO IDENTIFY ANY REMAINING ISSUES THAT NEED TO BE ADDRESSED.
WE CREATED MULTIPLE UPDATES TO THOSE DRAFTS TO INCORPORATE THOSE COMMENTS FROM STAFF.
WE MET WITH THE CITY ATTORNEY TO RECEIVE ADDITIONAL COMMENTS.
WE STARTED MEETINGS WITH YOUR FORMER CITY ATTORNEY ABOUT A YEAR AGO AND THEN WE'VE CONTINUED THE PROCESS WITH PM NOW TO GET HER FINAL FEEDBACK ON THE ORDINANCE, WHICH HAS NOW BEEN INCORPORATED INTO THE DOCUMENT.
THEN WE RECEIVED DIRECTION FROM PNC AND COUNSEL ON SEVERAL POLICY-RELATED ITEMS. AGAIN, THAT WAS BACK IN MAY OF 2023.
AT THIS POINT, WE'VE INCORPORATED YOUR PREFERRED DIRECTION FROM THAT MEETING INTO THE ORDINANCE AND REALLY STARTED TO TIE IT UP AT THIS POINT, SO WE WANT TO WALK THROUGH SOME OF THE MAJOR CHANGES THAT YOU CAN START TO EXPECT.
CITY DIRECTION THAT WE HAD ON SOME OF THE GENERAL FEATURES.
CITY SAID YOU WANTED TO BRING THE CODES UP TO DATE, YOU WANTED TO PROVIDE MORE FLEXIBILITY AND YOU WANT TO PROVIDE CONSISTENCY AND PREDICTABILITY.
AGAIN, THE COMMUNITY AND THE DEVELOPMENT COMMUNITY ARE LOOKING FOR PREDICTABILITY.
THEY WANT TO SEE THAT WE KNOW WHAT TO EXPECT AND THAT EVERYBODY THAT COMES IN TO DEVELOP WILL BE HELD TO THE SAME STANDARDS.
THE EXPECTED BENEFITS OF THAT IS TO REFLECT CURRENT APPROACHES AND BEST PRACTICES, SIMPLIFY AND CLARIFY THE PROCESS FOR BOTH THE DEVELOPMENT COMMUNITY BUT ALSO FOR STAFF SO THAT THEY'RE ABLE TO GIVE CONSISTENT ANSWERS TO THE DEVELOPMENT COMMUNITY AND TO REFLECT THE 2050 COMPREHENSIVE PLAN IN THE ORDINANCE PROVISIONS.
SO ON THE DECISION MAKING PROCESS, THE CITY ASKED US TO STREAMLINE THE PROCESS BY LOOKING FOR WAYS THAT AUTHORITY COULD BE DELEGATED WHERE APPROPRIATE AND POSSIBLE.
THAT WAS ONE OF THE MAJOR ITEMS THAT WE CAME IN AND TALKED TO YOU ABOUT LAST MAY AND SAID WE'RE SUGGESTING MAYBE YOU START TO DELEGATE THESE THINGS TO STAFF AND TALKED ABOUT PROCESSES THAT WE MIGHT LOOK AT.
MANY OF THOSE ITEMS YOU AGREED WITH A COUPLE.
YOU SAID, WE'RE NOT SURE WE WANT TO DO THAT.
WE MADE SOME TWEAKS TO IT, BUT AT THE SAME TIME YOU SAID YOU WANT TO MAINTAIN PROPER LEVELS OF OVERSIGHT, SO THAT COUNCIL STILL WANTS TO BE ABLE TO TAKE A LOOK AT THINGS AND INTERVENE IF THEY NEED TO.
SO THE EXPECTED BENEFITS WERE TO SHORTEN THE DEVELOPMENT PROCESS TIME AGAIN, MAKING YOU MORE FRIENDLY TO THE DEVELOPMENT COMMUNITY TO WANT TO COME IN AND WORK INTO TO DECATUR.
BUT IT ALSO ALLOW ROUTINE AND FREQUENT VARIANCE REQUESTS TO BE HANDLED BY STAFF WITH AN APPEALS PROCESS SO THAT YOUR AGENDAS AREN'T JUST LOG OR OVERLOGGED WITH A LOT OF THOSE TYPES OF THINGS.
THE NEXT ONE IS INFILL AND EXISTING PROPERTY IMPROVEMENTS.
ONE OF THE KEY THINGS WE'VE BEEN HEARING SINCE THE START OF THE PROCESS IS TO CLARIFY REQUIREMENTS AND RESPONSIBILITIES FOR THE SIDEWALK ORDINANCE, AND REALLY MAKE SURE EVERYBODY IS BEING HELD TO THE SAME STANDARD, AND THAT THERE'S CLEAR RULES AND THAT YOU'RE REALLY TREATING EVERYBODY THE SAME WAY.
AGAIN, THE BENEFITS, CONSISTENCY AND APPLICATION OF THE ORDINANCE, AND ALSO STREAMLINING THE PROCESS BY PROVIDING THAT CLARITY.
THEN THE FINAL ITEM WAS RELATED TO REDUNDANCY.
I TOUCHED ON THE FACT THAT THE ORDINANCE HAD BEEN UPDATED.
THERE HAD BEEN NEW THINGS BROUGHT INTO IT.
THERE ARE SOME THINGS THAT MAYBE GOT MOVED AROUND.
ALL OF THOSE REFERENCES, SOME OF THOSE CHAINS WERE BROKEN.
IT WAS REALLY IMPORTANT TO GO IN, AND NUMBER 1, MAKE SURE THAT IF YOU WERE DIRECTING SOMEBODY TO A CERTAIN PLACE IN THE ORDINANCE THAT IT WAS CORRECT,
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BUT ALSO IF THERE WERE REDUNDANCIES IN THE ORDINANCE THAT WE COULD MINIMIZE THOSE, ESPECIALLY IF THOSE REDUNDANCIES STARTED TO CREATE CONFLICTS ON DIRECTION.THAT WAS ONE OF THE KEY THINGS THAT WE DID.
AGAIN, WHAT THAT WOULD DO IS LESSEN INCONSISTENCIES AND ALLOW A SIMPLIFIED PROCESS, JUST TO GO THROUGH SOME OF THE HIGHLIGHTS OF THE ORDINANCE.
WE'RE REALLY GOING TO FOCUS IN AT THAT JOINT SESSION WE HAD LAST MAY.
I THINK WE SPENT ABOUT 2 HOURS GOING THROUGH THE VARIOUS QUESTIONS AND THE ASPECTS OF THE ORDINANCE.
AT THIS POINT, WE WENT THROUGH A LOT OF DETAIL ON THAT.
NOW, WE WANT TO SAY THESE ARE THE KEY THINGS THAT WE DID IN RESPONSE TO THAT MEETING, ON AUTHORITY, CHAPTER 1 UNDER GENERAL PROVISIONS.
THE FOLLOWING PLATS ARE REVIEWED BY BOTH PNC AND COUNCIL.
THE PRELIMINARY PLATS, FINAL PLATS, REPLATS AND VACATING PLATS, WE'RE ALL REVIEWED BY PNC.
THEY WOULD MAKE A RECOMMENDATION.
IT WOULD THEN COME TO COUNCIL FOR FINAL APPROVAL.
IT WENT THROUGH A TWO-STEP PROCESS WHICH DELAYS THE DEVELOPMENT PROCESS AND COULD ADD COST TO DEVELOPERS.
THAT'S ONE OF THE KEY AREAS THAT WE SAW IN A LOT OF COMMUNITIES, A LOT OF PEER COMMUNITIES, WHERE THEY WERE TRYING TO STREAMLINE THAT PROCESS AGAIN TO MAKE IT A LITTLE BIT MORE ROUTINE FOR DEVELOPERS TO BE ABLE TO MOVE FORWARD THROUGH THAT.
IT CAN ALSO CREATE A BURDEN ON COUNCIL AGENDAS AS YOU'VE SEEN IN THE PAST.
WHEN WE CAME TO YOU IN MAY OF LAST YEAR, OUR PROPOSAL WAS IN THE DIRECTION YOU SUPPORTED, WAS THAT PLANNING AND ZONING COMMISSION WOULD APPROVE PRELIMINARY PLATS, FINAL PLAT, REPLATS, AND VACATING PLATS.
THAT MINOR PLATS AND AMENDING PLATS WOULD BE ADMINISTRATIVELY APPROVED BY THE CITY MANAGER OR HIS DESIGNEE.
AS WE WENT THROUGH THAT PROCESS, AGAIN, WE AS THE CODE WRITER, ARE FOCUSED ON THE ORDINANCE.
IF WE GO TO THE NEXT SLIDE, THERE WE ARE.
SUBSEQUENT TO THAT MEETING IN MAY OF 23, THE CITY ATTORNEY STARTED TO LOOK AT SOME OF YOUR OTHER ORDINANCES, AND ONE OF THE KEY THINGS THAT THAT SHE LOOKED AT WAS YOUR CITY CHARTER.
YOUR CITY CHARTER SPECIFICALLY SAYS THAT THE PNC CURRENTLY IS ADVISORY, AND THAT THEY'RE NOT A DECISION MAKING BODY.
WHILE THERE IS STILL A DESIRE, WE THINK LONG TERM, TO MAKE THAT CHANGE TO WHERE PNC CAN MAKE THOSE CHANGES.
THE RECOMMENDATION AT THIS POINT IS LET'S GO ON AND GET THE ORDINANCE IN PLACE WITH A FEW CHANGES TO IT.
WE HAVE ACTUALLY SAVED THE VERSION THAT WE HAD PREPARED THAT WOULD BRING A LOT OF THOSE THINGS BACK TO THE PNC SO THAT UPON ADDITIONAL REVIEW OF YOUR CITY CHARTER AND POTENTIALLY CHANGES TO THAT CHARTER, THIS BEING ONE OF THOSE THAT MIGHT BE RECOMMENDED, YOU WOULD BE ABLE TO FOLLOW THROUGH WITH THAT ACTUAL ASPECT AND ACTUALLY HAVE THOSE CHANGES ALREADY WRITTEN INTO THE ORDINANCE AND READY TO GO WHEN THAT TIME COMES.
WITH THAT IN MIND, ADDITIONAL UPDATES TO THIS SUBDIVISION ORDINANCE, AS I SAID, THEY'D BE CONSIDERED AT A LATER DATE.
WE'RE STILL SUGGESTING BECAUSE IT IS ALLOWED FOR MINOR PLATS, AMENDING PLATS AND EXTENSION OF A PRELIMINARY PLAT APPROVAL TO BE UNDERTAKEN BY THE CITY MANAGER DESIGNEE.
AT LEAST YOU'RE GETTING PARTIAL RELIEF FROM THAT, AND DEVELOPERS ARE ABLE TO MOVE FORWARD ON SOME OF THOSE MORE ROUTINE TYPES OF THINGS A LITTLE BIT MORE QUICKLY.
THEN WE WILL HAVE POTENTIALLY FOLLOW UP WITH AN ADDITIONAL TWEAK TO THE ORDINANCE AT A LATER DATE.
ANY QUESTIONS ABOUT THAT BEFORE I GO ON TO THE NEXT PIECE? WE ALMOST GOT THERE.
DEFINITIONS, SOME OF THE DEFINITIONS CHANGES WE'LL HAVE, WE HAD SEVERAL NEW ADDITIONS AND WE TALKED ABOUT THESE IN A LITTLE BIT MORE DETAIL.
LAST MAY, WE ADDED A DEFINITION FOR A MAJOR WAIVER AND A MINOR WAIVER, IF YOU'LL BEAR WITH ME IN A FEW MINUTES, WE'LL GO THROUGH WHAT THOSE ARE AND HOW THEY'RE APPLIED WITHIN THE ORDINANCE.
WE ADDED ONE FOR A CERTIFICATE OF APPROVAL.
SOME OF THE TERMS THAT WE WERE USING WITHIN THE ORDINANCE WERE RELATED TO A PUBLIC FACILITY SYSTEM, SO WE ADDED A DEFINITION FOR WHAT THAT IS.
WE ADDED A DEFINITION FOR PUBLIC INFRASTRUCTURE IMPROVEMENT, AGAIN, JUST TO CLOSE SOME OF THE LOOPS ON SOME OF THE LANGUAGE THAT WAS BEING USED.
THEN WE DELETED SUBDIVISION VARIANTS.
THE REASON WE DELETED THAT IS WE'VE REALLY STARTED TO BREAK THAT DOWN INTO THOSE FIRST TWO, THE MAJOR WAIVER AND THE MINOR WAIVER.
AGAIN, MORE ON THAT IN JUST A MOMENT.
CHAPTER 3 ON THE SUBDIVISION PROCEDURES.
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REALLY WE WENT THROUGH THOSE PROCEDURES.FLOW CHART WAS DEVELOPED RELATED TO THE PROCESS FOR WHAT GOES TO CITY STAFF FOR APPROVAL, WHAT GOES TO COUNCIL FOR APPROVAL, WHERE YOU HAVE ADMINISTRATIVE APPROVALS.
AS WE LOOKED AT THOSE CHANGES, THAT WAS INCORPORATED.
PRIMARILY WHAT WE DID IS WE REORGANIZED THAT CHAPTER FOR CLARITY AND REMOVED ANY INCONSISTENCIES, AND JUST SHOWED THAT NEW PROCESS THAT'S BEEN PUT IN PLACE WITHIN THAT CHAPTER.
ON THE SUBDIVISION REGULATIONS, CHAPTER 4, A COUPLE OF THINGS.
AGAIN, YOU'LL SEE THAT TERM AGAIN PRIMARILY REORGANIZED THE CHAPTER FOR CLARITY AND REMOVED INCONSISTENCIES AND REDUNDANCY, BUT THE SECOND THING WE DID IS WE UPDATED THE REFERENCE YOUR UPDATED DESIGN STANDARDS.
AS A PART OF THIS PROCESS, OUR TEAM CAME IN THAT ESSENTIALLY YOUR OLD APPENDIX C, WHICH WAS YOUR DESIGN STANDARDS.
WE CAME BACK IN, AND WITH A LOT OF COORDINATION WITH STAFF, MADE SOME UPDATES TO THOSE, REMOVED SOME THINGS THAT WERE NO LONGER RELEVANT, ADDED SOME NEW THINGS THAT WERE RELEVANT.
AND THEN IN DOING SO, INSTEAD OF HAVING IT SEPARATE AS AN APPENDIX C, WE HAVE TOTALLY INCORPORATED IT INTO THE BACK END OF THIS ORDINANCE.
IT IS NOW APPENDIX ONE IN THE ORDINANCE, SO THAT IF YOU PULL UP THIS SUBDIVISION ORDINANCE, YOU WILL BE ABLE TO GO RIGHT TO THE END OF IT AND FIND APPENDIX ONE.
THAT'S THE MAJOR CHANGE THAT WE HAD RIGHT THERE.
CHAPTER 5, INFRASTRUCTURE DEVELOPMENT PROCEDURES.
AGAIN, JUST SOME CLARIFICATIONS, REMOVED INCONSISTENCIES, THERE WEREN'T ANY MAJOR CHANGES.
IT WAS JUST REALLY UPDATING LANGUAGE AND UPDATING THE ORDINANCE ITSELF TO BE MORE USER FRIENDLY AND MODERN.
CHAPTER 6, PARKS AND OPEN SPACE.
AGAIN, THERE WERE SOME SEPARATE DOCUMENTS THAT WERE FLOATING OUT THERE RELATED TO YOUR PARK DEDICATION AND DEVELOPMENT ORDINANCE, AND SO WE HAVE NOW PULLED THOSE IN AS APPENDICES.
ESSENTIALLY, THIS NEW CHAPTER 6 TALKS ABOUT PARKS AND OPEN SPACE, BUT IT REFERENCES ALL OF THOSE DOCUMENTS WHERE DEDICATION FEES, ALL OF THOSE DIFFERENT THINGS THAT TAKE PLACE RELATED TO PARKS AND OPEN SPACE ARE LOCATED.
WE DID NOT MAKE ANY CHANGES TO THOSE DOCUMENTS.
WE JUST SIMPLIFIED IT SO THAT EVERYTHING'S IN ONE PLACE NOW.
THIS IS WHERE WE GET INTO SOME OF THE NUANCES WITH MAJOR WAIVERS AND MINOR WAIVERS.
WE'LL START WITH THE MAJOR WAIVERS.
IN YOUR CURRENT CODE, AND WHEN I SAY CURRENT CODE, IT'S NOT THE ONE IN FRONT OF YOU TONIGHT.
IT'S THE ONE THAT UNTIL THIS IS ADOPTED THAT YOU'RE STILL ACTING UPON.
IT HAS VARIANCES, WHICH ARE LOOSELY DEFINED AS RELIEF FROM SUBDIVISION REGULATIONS WHEN, IN THE CITY'S OPINION, EXTRAORDINARY HARDSHIP WILL RESULT FROM STRICT COMPLIANCE.
ALL OF THOSE VARIANCES WERE BEING BROUGHT FORWARD TO COUNSEL.
THERE ARE SOME THINGS THAT ARE MORE MAJOR THAT WE STARTED LOOKING AT WITH OTHER COMMUNITIES THAT WARRANTED COMING TO COUNSEL WE BELIEVED, AND THOSE WERE SOME OF THE THINGS THAT WE TALKED ABOUT WITH YOU LAST MAY.
THEN THERE WERE SOME MORE MINOR THINGS THAT WE TALKED THROUGH WITH YOU ABOUT MAYBE STAFF CAN START TO APPROVE SOME OF THOSE TYPES OF THINGS.
SO ESSENTIALLY THE PROCESS, AGAIN, PLANNING AND ZONING COMMISSION MAKES A RECOMMENDATION AND THEN COUNCIL TAKES ACTION.
SO A LOT OF THOSE MUNDANE THINGS THAT COULD BE DONE IF IT'S AN ENGINEERING STANDARD OR SOMETHING LIKE THAT, WE JUST THOUGHT IT COULD REALLY SHORTEN THE PROCESS AND HELP DEVELOPERS, IF THEY'VE GOT EVERYTHING ELSE IN PLACE, MOVE ON DOWN THE ROAD.
SO IT'S NOT COSTING A LOT OF MONEY IN MAKING IT LOOK LIKE DECATUR IS NOT A FRIENDLY CITY TO WORK WITH.
WHERE WE'VE GONE IS THE UPDATED ORDINANCE THAT WE HAVE NOW HAS A MAJOR WAIVER.
SO WE'VE USED A THRESHOLD OF 15% OF A REQUIRED DIMENSIONAL STANDARD.
SO WHAT WE SAID IS A WAIVER FROM A PARTICULAR STANDARD OR REQUIREMENT OF THE SUBDIVISION ORDINANCE THAT REQUIRES OVER 15% DIFFERENTIATION FROM THE REQUIRED DIMENSIONAL STANDARD.
IT MAY BE LOCATION OF THE DRIVEWAY CUT AND IF THERE'S AN ENCUMBRANCE THERE THAT'S JUST MAKING IT NOT FEASIBLE TO HAVE IT EXACTLY WHERE YOUR ORDINANCE SAID, STAFF WOULD BE ABLE TO SAY, IF IT'S LESS THAN 15% WE'LL TAKE A LOOK AT IT AND POTENTIALLY APPROVE IT.
BUT IF IT'S MORE THAN 15, WE STILL WANT IT TO GO TO COUNCIL TO MAKE SURE YOU'RE COMFORTABLE WITH IT.
THE SECOND PIECE OF IT IS, IT WILL REPLACE VARIANCES IN THIS ORDINANCE SINCE THE VARIANCES IS TYPICALLY ASSOCIATED WITH THE ZONING PROCESS.
[00:25:03]
IT WILL STILL REQUIRE P&Z RECOMMENDATION AND FINAL APPROVAL BY THE COUNCIL.THIS IS ONE OF THOSE ITEMS. NO, IT WASN'T VARIANCES, IT WAS PLATS. FORGET I SAID THAT.
ESSENTIALLY IT'S REALLY BRINGING IT THROUGH THAT PROCESS, BUT IT'S SETTING THE THRESHOLD FOR WHAT COMES TO COUNSEL.
NOW, IN COMPARISON, LET'S LOOK AT MINOR WAIVERS.
IN THE EXISTING CODE ON YOUR MINOR CODE, THE VARIANCES ARE LOOSELY DEFINED AS RELIEF FROM THE SUBDIVISION REGULATION, AGAIN, WHICH IN THE CITY'S OPINION, EXTRAORDINARY HARDSHIP WILL RESULT IN CONSTRICT COMPLIANCE.
SOMETHING VERY MINOR, YOU WERE STILL HAVING TO GO THROUGH P&Z AND COME TO COUNSEL TO BE ABLE TO GET APPROVAL FOR THOSE.
THIS IS WHERE WE'VE REALLY STARTED TO STREAMLINE THE PROCESS.
IS THOSE DAY IN AND DAY OUT THINGS THAT STAFF WILL SEE THAT YOU WOULD LOOK AT AND SAY, YEAH, BECAUSE OF THE SITE, THERE'S AN ENGINEERING ISSUE AND THEY JUST CAN'T MEET THIS.
IT'S NOT A MAJOR DEAL TO SHIFT SOMETHING A LITTLE BIT.
WE RECOMMEND THAT IT WOULD BE APPROVED IN FRONT OF YOU.
WE'RE SAYING LET'S GO AHEAD AND GIVE THE AUTHORITY TO APPROVE THOSE THINGS.
WHAT WE SAID, IT'S A PARTICULAR STANDARD OR REQUIREMENT OF THE SUBDIVISION ORDINANCE THAT IS EQUAL TO OR LESS THAN 15% DIFFERENTIATION FROM A DIMENSIONAL STANDARD AND ARE ONLY GRANTED BECAUSE COMPLIANCE WITH THE ORDINANCE WOULD SUBSTANTIALLY LIMIT THE APPLICANT'S ABILITY TO UTILIZE THE LAND.
IT WOULD REPLACE VARIANCES SINCE THE VARIANCES, AGAIN ASSOCIATED WITH THE ZONING ORDINANCE.
WE'RE SUGGESTING THAT IT WOULD BE ADMINISTRATIVELY APPROVED BY THE CITY MANAGER OR DESIGNEE.
THAT MAY BE YOUR PLANNING DIRECTOR, IT MAY BE YOUR CITY ENGINEER, DEPENDING ON WHAT THE ITEM IS.
AND THEN THE CITY MANAGER RESERVES THE RIGHT, WHICH WE THOUGHT WAS VERY IMPORTANT.
WE HEARD FROM THE CITY MANAGER, HE WANTED THIS.
IF IT'S SOMETHING HE LOOKS AT AND SAYS, EVEN THOUGH IT'S LESS THAN 15% I THINK COUNSEL MAY HAVE A CONCERN ABOUT THIS AND WANT TO SEE IT.
BEFORE I MAKE THAT DECISION, I WANT TO REFER THIS ONE TO COUNSEL.
HE HAS THE ABILITY TO FORWARD THOSE MINOR WAIVERS TO CITY COUNCIL.
HE IS NOT REQUIRED TO ACT ON IT.
THE THOUGHT IS THAT THIS CAN SIGNIFICANTLY STREAMLINE THE DEVELOPMENT PROCESS BUT ALSO START TO HELP WITH SOME OF YOUR OVERLOADED AGENDAS.
THE NEXT ITEM, CHAPTER 7 IS EXEMPTIONS.
AND IT IS SPECIFIC TO SECTION 703.3 CRITERIA FOR WAIVERS FROM SIDEWALK, CURB, AND GUTTER REQUIREMENTS.
WE HAD A LOT OF DISCUSSION ABOUT THIS AGAIN AT YOUR MEETING LAST MAY.
ESSENTIALLY, WHAT WE DID IN THAT FEBRUARY 24 ORDINANCE WAS WE MAINTAINED THE LIST OF EXEMPTIONS FROM THAT ORDINANCE THAT YOU'RE CURRENTLY USING, 2020-05-09, BUT THEN WE PREPARED ADDITIONAL EDITS TO THAT.
GOING THROUGH THOSE EDITS, WE CLARIFIED THAT MINOR WAIVERS FROM SIDEWALK REQUIREMENTS WILL BE CONSIDERED BY THE CITY MANAGER.
AGAIN, HE HAS THE ABILITY IF HE LOOKS AT IT AND SAYS, I'M NOT COMFORTABLE, I THINK COUNCIL WANTS TO SEE THIS TO STILL BUMP IT UP TO YOU GUYS.
EVALUATION OF CURBS AND SIDEWALKS WOULD BE BASED ON THE EXISTENCE OF CURBS AND SIDEWALKS IMMEDIATELY ADJACENT TO THE PROPERTY, WHICH WOULD PROVIDE CONTINUATION OF THOSE SET IMPROVEMENTS.
PROXIMITY OF THE PROPERTY TO SCHOOLS, PARKS, PUBLIC FACILITIES, AND COMMERCIAL CENTERS WOULD BE CONSIDERED.
AGAIN, HOW MUCH USE MIGHT THOSE SIDEWALKS BE GIVEN AS WE START TO CREATE THAT HIERARCHY OF WHERE THEY'RE REALLY NEEDED AND WHERE WE WANT TO REQUIRE THEM.
IF THE PROPERTY OWNER DISAGREES WITH THE DECISION OF THE CITY MANAGER, THERE'S STILL AN APPEAL PROCESS TO COME BACK TO COUNCIL AND LET YOU HEAR IT.
THE PROPOSED PROCESS AGAIN WOULD STREAMLINE THE DEVELOPMENT PROCESS AND REALLY CREATE A LITTLE BIT MORE CONTINUITY WITH HOW THINGS ARE BEING APPLIED RELATED TO THE SIDEWALK ORDINANCE.
A LITTLE BIT MORE CONSISTENCY THERE.
THE NEXT ITEM IS THE APPENDICES.
SEVERAL NEW APPENDICES AS WE TALKED ABOUT.
WE HAVE TAKEN YOUR OLD DESIGN STANDARDS, YOUR OLD APPENDIX C, AND TOTALLY UPDATED THEM BASED UPON MORE CURRENT STANDARDS THAT WE'RE SEEING IN COMMUNITIES, AS WELL AS THAT DEVELOPERS ARE USING AROUND TEXAS THESE DAYS.
THEN SOME OF THE THINGS THAT WE'VE DONE, SECTION 107.6, WE HAVE NOW ZERO ESCAPING IN INDUSTRIAL AREAS.
203.2, WE'RE SHOWING A MINIMUM SEWER MAIN SIZE OF EIGHT INCHES, WHICH HAS BEEN SIZED A LITTLE BIT HIGHER BASED ON THE NEEDS IN THE COMMUNITY.
THEN WE'VE ALSO ADDED STORMWATER RUNOFF CALCULATIONS,
[00:30:01]
ESPECIALLY IN EVALUATION OF DOWNSTREAM RECEIVING FLOODS, UTILIZING ISWIM, WHICH IS REALLY THE STANDARD THAT COG HAS ADOPTED TO BE ABLE TO MAKE SURE THAT YOU HAVE A STANDARD OUT THERE THAT YOU'RE POINTING TO AGAIN, THAT PREDICTABILITY THAT DEVELOPERS ARE LOOKING FOR AND ALSO SOLVING ANY DOWNSTREAM FLOODING ISSUES.APPENDIX II ON THE PARKLAND DEDICATION AND PARK DEVELOPMENT FEES, WE TOOK THOSE DEDICATION AND DEVELOPMENT FEES AND INCORPORATED THEM WITH NO CHANGES.
WE MADE SOME MINOR FORMATTING CHANGES SO THAT THEY WOULD LOOK LIKE THE REST OF THE DOCUMENT AS MUCH AS POSSIBLE, BUT THERE WERE NO CHANGES TO ANY OF THOSE.
ASSUMING YOU DECIDE TO ADOPT THIS, THEN YOU WOULD BE JUST READOPTING THOSE AS A PART OF THIS ORDINANCE.
THE PARKLAND DEDICATION AND PARK DEVELOPMENT METHODOLOGY, APPENDIX III.
WE JUST TOOK THAT METHODOLOGY, REFORMATTED IT, AND PULLED IT INTO THIS ORDINANCE.
AGAIN, THE IDEA IS WE WANT TO HAVE ALL OF THESE APPENDICES TOGETHER SO WE CAN REFERENCE THEM IN THE ORDINANCE SO THAT PEOPLE AREN'T LOOKING AROUND FOR A LOT OF DIFFERENT DOCUMENTS TRYING TO FIND WHERE THE RULES ARE.
PARKLAND DEVELOPMENT- NEIGHBORHOOD PARK LEVEL OF SERVICE ESTIMATE, SAME THING, WE JUST PULLED THEM IN WITHOUT MODIFICATION.
THEN FINALLY, APPENDIX V, WE COMPLETELY UPDATED THE CONSTRUCTION STANDARDS.
WORKED VERY CLOSELY WITH EARL TO GET THOSE UPDATED AND GREG.
REALLY THE IDEA IS WE WANTED TO MAKE SURE THAT THEY'RE UPDATING EXISTING CONSTRUCTION STANDARDS.
SOME OF YOUR OLD STANDARDS HAD SOME THINGS THAT WERE REFERENCED IN THEM THAT AREN'T EVEN IN USE ANYMORE.
YOU'VE GOT A BRAND NEW SET OF STANDARDS AND WE GENERALLY FOLLOWED COG STANDARDS, WHICH ARE REALLY A GOOD BAR THAT WAS SET FOR NORTH TEXAS.
FOR THE MOST PART, WE FOLLOWED THE DIRECTION WITHIN THAT BAR THAT COG HAS SET.
THOSE ARE THE HIGHLIGHTS OF THE CHANGES THAT WE'VE MADE.
I DIDN'T THINK YOU WANTED ANOTHER TWO-HOUR PRESENTATION.
I AM HAPPY TO ANSWER ANY QUESTIONS YOU HAVE AT THIS POINT.
>> QUESTIONS FROM COUNCIL, ANY COMMENTS OR INPUT FROM CITY STAFF?
>> I WOULD JUST SAY A QUICK THANK YOU TO MARK AND HIS TEAM FOR THE CONSTANT BACK AND FORTH COLLABORATION.
THIS WAS NOT AN EASY TASK TO TACKLE A COMPLETE REWRITE, AND IT REALLY TOOK THE VISION FROM COUNCIL AND THE WORK FROM STAFF TO COMPLIMENT MARK'S EFFORTS IN KEEPING US IN LINE WITH SOMETHING THAT COULD BE SOMEWHAT FUTURE PROOF AND HELP US GROW. SO THANK YOU, MARK.
>> ABSOLUTELY. THANK YOU VERY MUCH.
>> APPRECIATE EVERYBODY'S WORK ON THAT.
THIS IS OUR FIRST READING, AND THAT GETS US TO ITEM 3.
[3. EXECUTIVE SESSION]
WE WILL CONVENE INTO EXECUTIVE SESSION AT 06:33, AND THAT'S IN ACCORDANCE WITH TEXAS GOVERNMENT CODE SECTION 551.001.THE CITY COUNCIL RECESS IN EXECUTIVE SESSION TO DISCUSS THE FOLLOWING, AND THIS IS UNDER 551.071 CONSULTATION WITH ATTORNEY.
THAT IS AGAIN, AT WHAT TIME DID I SAY? 06:30?
>> 06:34 VERY GOOD. THANK YOU, MA'AM.
WE WILL RECONVENE AT 07:11 OUT OF EXECUTIVE SESSION.
[4. RECONVENE INTO OPEN SESSION]
ITEM 4, THERE WAS NO ACTION FOR THAT.THAT'LL GET US TO ITEM 5 TO HEAR A SECOND READING ON ORDINANCE 2024-02-04.
[5. CONSIDER SECOND READING AND TAKE ACTION REGARDING AN ORDINANANCE TO AMEND APPENDIX “B,” “ZONING” OF THE CODE OF ORDINANCES OF THE CITY OF DECATUR, TEXAS TO GRANT A SPECIFIC USE PERMIT TO ALLOW A BOARDING OR ROOMING HOUSE IN A C-1, RESTRICTED BUSINESS ZONING DISTRICT, ON APPROXIMATELY 0.645 ACRES OF LAND LOCATED AT 1900 W. US HIGHWAY 300 BUSINESS, DECATUR, TEXAS. (SPECIFIC USE PERMIT APPLICATION 2024-01—MS. DEBORAH LUSK) (RECOMMENDED FOR APPROVAL BY THE PLANNING AND ZONING COMMISSION WITH CONDITION OF NO MORE THAN SIX RESIDENTS, 3-2, VICECHAIRMAN KLOSE AND COMMISSIONER HICKS ABSENT.) SUP2024-01 ORDINANCE 2024-02-04]
DO WE HAVE A STAFF REPORT FOR THIS?>> MAYOR AND COUNCIL, HEARING THIS ITEM AT YOUR LAST COUNCIL SESSION, YOU HAD A HANDFUL OF QUESTIONS THAT YOU ASKED STAFF, AND WE DID HAVE THE OPPORTUNITY TO DIVE INTO SOME OF THOSE SPECIFIC QUESTIONS, AND I WOULD OFFER THE MIC TO WAYNE OR DEDRA TO JUST GIVE YOU A LITTLE BIT OF FEEDBACK BASED ON THOSE QUESTIONS FROM OUR LAST TIME TOGETHER.
>> GOOD EVENING, COUNCIL. WE HAD A LOT OF QUESTIONS THAT CAME UP AT THE LAST COUNCIL MEETING.
DEVELOPMENT TEAM GOT TOGETHER DIFFERENT TIMES, DIFFERENT PLACES, AND DID SOME RESEARCH ON OUR OWN, MAKING SURE THAT WE WERE ON TOP OF THIS.
THERE'S LOTS OF DIFFERENT WAYS THAT THIS CAN GO DEPENDING ON WHAT THE USE IS AND OCCUPANT LOADS AND ALL OF THAT.
BUT ONCE YOU KNOW THAT THE USE OF THE PROPERTY AS A BOARDING HOUSE IN CONJUNCTION WITH
[00:35:01]
AN ADDICTION RECOVERY PROGRAM WITHOUT ANY CUSTODIAL CARE WOULD BE CONSIDERED A R3 OCCUPANCY.CERTAIN THINGS THAT ARE REQUIRED FOR THAT CERTIFICATE OF OCCUPANCY WOULD BE REQUIRED.
IF THE OCCUPANT LOAD IS FIVE OR LESS, IT CAN BE CONSIDERED A DWELLING AND MEET THE PROVISIONS OF THE INTERNATIONAL RESIDENTIAL CODE, BUT STILL MUST HAVE NFPA 13D MINIMUM SPRINKLER SYSTEM AND A MONITORED FIRE AND ALARM DETECTION ALARM SYSTEM HAVE TO MEET THE SCREENING REQUIREMENTS FOR THE ZONING ORDINANCE.
FOR THAT REQUIREMENT, THE OCCUPANT LOAD CAN GO UP FROM THERE.
IT COULD BE A MAXIMUM OF EIGHT PER OUR LOCAL ZONING ORDINANCE.
WITH THAT THAT DOES FALL INTO THE OCCUPANT LOAD OF 6-8 WOULD FALL UNDER THE INTERNATIONAL BUILDING CODE REQUIREMENTS, WHICH ARE THE COMMERCIAL REQUIREMENTS FOR THE BUILDING CODE AND WOULD HAVE TO MEET ALL OF THOSE REQUIREMENTS, WHICH INCLUDE ACCESSIBILITY, PARKING, AND THEN COOKING REQUIREMENTS FOR THE EQUIPMENT THAT GOES IN THERE FOR THAT.
AGAIN, THEY WOULD STILL HAVE TO HAVE THE NFPA 13D MINIMUM SPRINKLER SYSTEM.
IT CAN GO UP FROM THERE IF THEY CHOOSE TO, BUT THAT WOULD BE THE MINIMUM STANDARD AND THE MONITORED FIRE ALARM AND DETECTION SYSTEM, CUSTODIAL CARE ADDS ANOTHER DIMENSION TO THAT IF THAT WERE TO BE BROUGHT INTO THIS.
I DON'T KNOW IF IT WOULD BE OR NOT, BUT IF IT IS, IT RAISES IT TO AN R4 OCCUPANCY PROVIDES A FEW MORE REQUIREMENTS, THAT OCCUPANT LOAD WOULD BE SOMEWHERE BETWEEN 5 AND 8 FOR THAT AND STILL HAS TO MEET THE MINIMUM NFPA 13D SPRINKLER SYSTEM AND MONITOR FIRE ALARM AND DETECTION SYSTEM.
AGAIN, ACCESSIBILITY, PARKING, AND THE REQUIREMENTS FOR COOKING EQUIPMENT WOULD BE IN PLACE, AS WELL AS SCREENING.
THERE ARE ADDITIONAL REQUIREMENTS UNDER EACH OF THESE OCCUPANCY USES AND WHAT WOULD BE REQUIRED UNDER THAT.
WE WON'T DISCOVER ALL OF THOSE UNTIL WE KNOW FOR SURE WHAT WE HAVE THERE AND END UP ON A SPECIFIC OCCUPANT LOAD.
IT'S ALSO IMPORTANT TO NOTE, PROPERTY IS ZONED C1 RESTRICTED BUSINESS, AND ALLOWS THE USE OF SINGLE FAMILY RESIDENTIAL BY RIGHT.
THAT WOULD INCLUDE A SINGLE FAMILY RESIDENTIAL RENTAL PROPERTY.
IF IT WERE A SINGLE FAMILY RESIDENTIAL RENTAL PROPERTY, IT DOES NOT REQUIRE A FIRE SPRINKLER SYSTEM OR AN ALARM SYSTEM.
NO SUP IS REQUIRED, NO CHANGES TO THE SCREENING.
DOES BY LOCAL ZONING ORDINANCE LIMIT THAT OCCUPANT LOAD TO FOUR NON-RELATED PERSONS THAT COULD STAY IN THE HOUSE AND OCCUPY THE RESIDENCE.
NO CERTIFICATE OF OCCUPANCY REQUIREMENTS WOULD BE REQUIRED FOR A SINGLE FAMILY RESIDENTIAL USE EITHER.
ANY QUESTIONS THAT THAT'S BROUGHT UP.
>> THANK YOU. ANY OTHER REPORTS FROM CITY STAFF?
>> JUST THAT THE INFORMATION THAT WE PREVIOUSLY PROVIDED IS STILL PERTINENT.
THERE IS A MINIMUM NUMBER OF PARKING SPACES IF THIS IS GOING TO BE A GROUP HOME OR TRANSITIONAL HOME AS SHE'S REFERRED TO IT, AS WAYNE MENTIONED, SCREENING IS REQUIRED AND THAT IS A MASONRY WALL PER THE ZONING ORDINANCE.
THE INFORMATION THAT WE PROVIDED AS CONDITIONS WHILE THEY ARE REQUIRED, WE JUST WANTED IT TO BE CLEAR TO THE APPLICANT, WHICH IS WHY WE MADE THEM CONDITIONS.
BUT THEY DON'T HAVE TO BE CONDITIONS.
>> BECAUSE IT'S PART OF THAT ZONING.
ANY OTHER QUESTIONS FOR COUNSEL OR COMMENTS FROM COUNSEL.
>> AS THE FACILITY IS GOING TO HOUSE MORE THAN FOUR, I WOULD LIKE TO ASK IF YOU COULD PLEASE LOOK INTO TEXAS RECOVERY ORIENTED HOUSING NETWORK AND IF WE COULD ASK THAT SHE COMPLY WITH THEIR STANDARDS.
[00:40:06]
>> ANY OTHER COMMENTS FROM COUNSEL ON THAT? GO AHEAD, MA'AM, IF YOU WOULD.
IF YOU DON'T MIND, STATE YOUR NAME.
>> MY NAME IS DEBORAH LASS, 166 NORTH ROLLING PLAINS DRIVE FROM TEXAS.
>> MY HUSBAND AND I HAVE BEEN THINKING VERY DEEPLY ON THIS.
WE'VE BEEN DISCUSSING THAT THIS HOUSE IS GOING TO BE USED FOR RESIDENTIAL USE.
I HAVE BEEN MADE AN OFFER TO MAKE A MUCH LARGER SOBER LIVING HOME ELSEWHERE. THAT'S WHAT I'M GOING TO DO.
I WOULD REQUEST THAT WE ZONE THIS RESIDENTIAL BECAUSE I ALREADY HAVE A FAMILY THAT WANTS TO MOVE IN IT.
WE CAN USE IT LIKE THAT BECAUSE I'M NOT GOING TO TEAR DOWN A CEDAR TREE 30 FOOT WIDE PROPERTY LINE TO PUT UP A CONCRETE WALL.
>> SO YOU NO LONGER REQUESTING AN SUP?
>> I WOULD LIKE IT ZONED RESIDENTIAL TO USE IT EXACTLY WHAT IT'S GOING TO BE USED FOR.
>> CAN YOU SPEAK TO THAT? YES. WITH IT BEING C1 ZONING DISTRICT, YOU CAN DO RESIDENTIAL BY RIGHT.
IT DOES NOT NEED TO BE REZONED TO RESIDENTIAL?
>> I THINK IT'S LOWER PROPERTY TAXES, IF I'M NOT MISTAKEN.
>> IT'S ALSO LOWER ON UTILITIES IF IT'S RESIDENTIAL.
>> AS FAR AS PROCESSING GOES, I DON'T KNOW HOW THAT'S GOING TO WORK.
MAYBE PAM OR NATE WILL SPEAK TO THAT.
BUT SINCE SINGLE FAMILY RESIDENTIAL IS A LESS RESTRICTIVE ZONING, THAT SHOULDN'T BE A PROBLEM TO DO THAT?
>> MISS LASS. IF I MAY, THE MAYOR WAS CORRECT IN CLARIFYING THAT YOU'RE WITHDRAWING OR NO LONGER DESIRE THE SUP.
WE WOULD LOVE TO CONTINUE OUR CONVERSATION, BUT THIS IS NOT AN URGENT ITEM.
WE ARE GETTING OUT OF THE INTENDED ITEM ON NUMBER 5, BUT STAFF IS MORE THAN HAPPY TO HELP YOU FIND SOLUTIONS FOR YOUR PROPERTY.
>> I APPRECIATE ALL Y'ALL'S TIME. I REALLY DO.
BUT GIVEN ALL OF THIS, IT'S TOO MUCH FOR THIS SMALL HOUSE, WE'RE GOING TO GO BIGGER.
SUSIE, DO WE HAVE ANYONE SIGN UP FOR ITEM 5?
>> ALL RIGHT. VERY GOOD. WELL, I WILL LEAVE THIS UP TO COUNSEL, BUT IF THERE ISN'T ANY ACTION TO TAKE, I WILL LISTEN FOR NO ACTION FROM ANYONE AND WE'LL PROCEED.
MR. MAYOR, I'D LIKE TO MAKE A MOTION TO TAKE NO ACTION.
>> NOT HEARING A SECOND, THAT MOTION WILL NOT BE TAKEN. ANY OTHER MOTIONS? HEARING NONE, WE'LL MOVE ON TO ITEM 6,
[6. 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 DETACHED ACCESSORY DWELLING IN A SF-2, SINGLE-FAMILY RESIDENTIAL ZONING DISTRICT, ON APPROXIMATELY 0.22 ACRES OF LAND LOCATED AT 305/307 S. TRINITY STREET. (SPECIFIC USE PERMIT APPLICATION 2024-02—MR. MATTHEW COOKE) (THE PLANNING AND ZONING COMMISSION RECOMMEND APPROVAL WITH THE CONDITION THAT PRIOR TO OCCUPYING THE DETACHED ACCESSORY DWELLING, THE APPLICANT MUST SCHEDULE A SITE VISIT TO INSPECT FOR MINIMUM STANDARDS WITH THE BUILDING DEPARTMENT, 4-0, VICE-CHAIRMAN KLOSE AND COMMISSIONER HICKS ABSENT.) SUP2024-02 ORDINANCE 2024-02-05]
CONSIDER SECOND READING, AND TAKE APPROPRIATE ACTION REGARDING AN ORDINANCE PROVIDING AN AMENDMENT TO APPENDIX B ZONING.>> THANK YOU. THERE HAVEN'T BEEN ANY CHANGES SINCE YOUR FIRST READING, MAYOR.
DOES ANYBODY HAVE ANY QUESTIONS OR COMMENTS REGARDING ITEM 6? HEARING NONE, WE'LL LOOK FOR A MOTION.
>> 05. WOW. I THINK WHO GOT THAT WENT OVER HERE?
>> MS. JACKSON IS THE SECOND ON THAT FOR THOSE TAKING SCRUPULOUS NOTES.
ANY QUESTIONS ON THAT MOTION? ALL THOSE IN FAVOR SAY AYE.
[00:45:02]
>> THAT PASSES. ITEM 7, CONSIDER TAKE ACTION REGARDING A REQUEST FOR FINAL PLAT LOT 1 BLOCK A CARSON EDITION.
[7. CONSIDER TAKING ACTION REGARDING A REQUEST TO FINAL PLAT LOT 1, BLOCK A, CARSON ADDITION, BEING ALL OF A CALLED 0.603 ACRE TRACT CONVEYED TO J. E. CARSON AND WIFE BETTY CARSON, RECORDED IN VOLUME 2029, PAGE 890, D.R.W.C.T. A J WALKER SURVEY, ABSTRACT NUMBER 860, CITY OF DECATUR, WISE COUNTY, TEXAS. (FINAL PLAT APPLICATION 2024-01—MR. BRAD EUBANKS, ON BEHALF OF PROPERTY OWNER CAROL ANN CARSON, INDEPENDENT EXECUTRIX OF THE ESTATE OF BETTY BURNETT CARSON. FP2024-01]
THIS IS PLAT APPLICATION 2024-01.>> THANK YOU. THIS WAS A FINAL PLAT FOR MRS. CARSON.
SHE'S HAVING TO DO THIS AS PART OF THE ESTATE FOR HER MOM.
THE PLAT DOES MEET OUR MINIMUM REQUIREMENTS AND STAFF AND THE PNZ ARE RECOMMENDING APPROVAL.
>> ANYONE HAVE ANY QUESTIONS OR COMMENTS? WE'LL LOOK FOR A MOTION.
>> MR. MAYOR, FOR THE THIRD TIME, I'M GOING TO GET THIS ONE RIGHT.
I MOVE TO APPROVE FINAL PLAT 2024-01.
>> I BELIEVE MS. HILTON GOT THAT IN.
ANY QUESTIONS ON THAT MOTION? ALL THOSE IN FAVOR SAY AYE.
THAT PASSES. THANK YOU EVERYONE.
ITEM 8, CONSIDER AND TAKE APPROPRIATE ACTION TO APPROVE
[8. CONSIDER AND TAKE APPROPRIATE ACTION TO APPROVE THE VISITOR CENTER LEASE AGREEMENT BETWEEN THE DECATUR CHAMBER OF COMMERCE AND THE DECATUR MAIN STREET PROGRAM.]
THE VISITOR CENTER LEASE AGREEMENT BETWEEN THE DECATUR CHAMBER OF COMMERCE AND DECATUR MAIN STREET PROGRAM. TO HAVE A REPORT.>> MAYOR AND COUNCIL, THIS IS A RENEWAL OF THE LEASE THAT WAS STANDING BETWEEN THE VISITOR CENTER MAIN STREET AND THE CHAMBER OF COMMERCE.
THE ONLY CHANGE IS THIS IS NOW A 60 MONTH LEASE, AND THE FEES REMAIN THE SAME.
IT IS PROVIDED IN YOUR PACKET STARTING ON PAGE 250.
>> ARE WE STILL USING THEM? BECAUSE I REMEMBER THE FIRST TIME WE APPROVED THIS LEASE, THAT MONEY WAS PUT INTO THE MAIN STREET FUND.
>> I'LL LET FRIDA ANSWER THAT QUESTION, BUT I BELIEVE IT IS YES.
FRIDA, IF YOU WANT TO OFFER SOME CLARITY ON THAT.
>> THERE ARE NO CHANGES EXCEPT FOR THE LENGTH OF TERM.
IT'LL BE THE SAME WAY AS YOU APPROVED IT BEFORE.
>> THANK YOU FRIDA, FOR THE REPORT.
>> I BELIEVE WE SHOULD FLEECE MAIN STREET IN THE CHAMBER FOR MORE MONEY EVERY MONTH.
I MEAN, COST OF GOODS GOES UP.
>> ANY OTHER QUESTIONS OR COMMENTS ON THIS ITEM? OTHERWISE, WE'LL LOOK FOR A MOTION.
>> I MOVE THAT WE APPROVE THE VISITOR CENTER LEASE AGREEMENT BETWEEN THE DECATUR CHAMBER OF COMMERCE AND THE DECATUR MAIN STREET PROGRAM.
>> WE HAVE A MOTION AND A SECOND.
ANY FURTHER DISCUSSION ON THAT MOTION? ALL THOSE IN FAVOR SAY AYE.
ITEM 9 CONSIDER TAKE APPROPRIATE ACTION ON AN ENCROACHMENT AGREEMENT BETWEEN THE CITY OF DECATUR AND CAROLYN CARSON.
OH, DID WE JUST DID THAT ONE, DIDN'T WE?
>> NO, IT'S LIKE I THOUGHT WE JUST DID THAT FOR MS. CARSON.
THIS IS ANOTHER ITEM. ANY REPORT ON THIS?
>> MAYOR AND COUNCIL, I BELIEVE EARL SMITH, CITY ENGINEERS, ON LINE TO WALK YOU THROUGH ITEM 9.
>> EARL, GOOD TO SEE YOU. IT'S GOING TO BE BETTER TO HEAR YOU.
EARL, WE SEE YOUR LIPS MOVING, BUT WE DO NOT HEAR THE WORDS COMING OUT OF YOUR MOUTH, SIR.
>> I DIDN'T SEE IT MUTED EITHER.
RANDY, HOW ARE WE DOING OVER THERE? [LAUGHTER] HANG ON EVERYONE , RANDY IS ON IT.
>> MAYOR, I'M HAPPY TO WALK THROUGH ITEM 10 IF YOU WANT TO JUMP AHEAD AND COME BACK.
>> LET'S DO THAT. WE WILL COME BACK TO ITEM 9 AS APPROPRIATE.
[10. CONSIDER AND TAKE APPROPRIATE ACTION TO APPROVE A CONTRACT WITH STOLZ TELECOM FOR RADIO SOFTWARE UPGRADES AND INSTALLATION FOR THE DECATUR POLICE AND FIRE DEPARTMENTS.]
CONSIDER TAKE APPROPRIATE ACTION TO APPROVE THE CONTRACT WITH STOLZ TELECOM RADIO SOFTWARE UPGRADE INSTALLATION FOR THE DECATUR POLICE AND FIRE DEPARTMENT.[00:50:02]
>> MAYOR AND COUNCIL AS YOU WILL REMEMBER, WE USED AMERICAN RESCUE PLAN FUNDS TO UPDATE VARIOUS PIECES OF DECATUR PD'S DISPATCH CONSOLE.
AT THE SAME TIME WE WERE GOING THROUGH THAT, WISE COUNTY WAS GOING THROUGH A FAIRLY LARGE RADIO SYSTEM UPGRADE, AND PART OF THAT UPGRADE ALLOWED THEM TO MOVE TO A HIGHER PHASE RADIO SYSTEM.
I'LL SAVE YOU THE TECHNICAL JARGON, BUT ESSENTIALLY WITHOUT THE PROGRAMMING AND THESE COSTS ASSOCIATED, WITHOUT THOSE ITEMS OUR COUNTY PARTNERS WON'T BE ABLE TO HEAR US AND WE WILL NOT BE ABLE TO COMMUNICATE WITH THEM.
THIS REQUEST, IF YOU APPROVE THESE FUNDS TO BE SPENT FROM AMERICAN RESCUE PLAN MONEY, IT WOULD ALLOW FOR POLICE AND FIRE RADIOS TO BE UPGRADED TO CONTINUE COMMUNICATING WITH OUR PARTNERS IN WISE COUNTY.
JUST ONE CLERICAL ITEM I WOULD PUT OR CALL TO YOUR ATTENTION.
ITEM 10 TALKS ABOUT STOLZ TELECOM, IT SHOULD ALSO SAY AMERICAN COMMUNICATION.
IF YOU APPROVE US TO SPEND THESE FUNDS, IT WOULD BE FOR STOLZ AND AMERICAN COMMUNICATION.
>> COUNCIL, HAVE ANY QUESTIONS OR COMMENTS? LOOK FOR A MOTION.
>> MR. MAYOR, I MOVE THAT WE APPROVE THE CONTRACT WITH STOLZ TELECOM AND AMERICAN COMMUNICATION FOR THE RADIO SOFTWARE UPGRADES AND THE INSTALLATION.
>> WE HAVE A SECOND ON THAT MOTION.
ANY QUESTIONS ON THAT MOTION? ALL THOSE IN FAVOR SAY AYE.
>> THOSE SAME SIGN. THAT PASSES. ITEM 11.
DO WE HAVE ANYBODY SIGNED UP FOR PUBLIC INPUT AT ALL? VERY GOOD.
RANDY, YOU GOT TO GO BACK. ITEM 9.
THANK YOU FOR ITEM 10, I APPRECIATE THAT.
PLEASURE IS CAN WE GET EARL VIA PHONE? WOULD THAT BE APPROPRIATE?
WELL, I WILL COVER ITEM 12, WHICH IS COUNCIL MEMBERS TO REQUEST ANY FUTURE AGENDA ITEMS AND WE'LL PUT THAT ON A FUTURE AGENDA.
ANY QUESTIONS ON ITEM 12? HEARING NONE, WE'LL GO BACK TO ITEM 9.
THE FACT THAT THE TECHNOLOGY IS NOT IN FAVOR THIS EVENING.
>> IS THAT WHAT IT ENDED UP BEING, $5.
>> GOT A CREDIT OF $5 A LINE. OH WOW.
>> THERE'S A RUSSIAN AND UKRAINIAN COLLUSION IS MAYBE HIM ABOUT MY MICROPHONE IS ON.
I REALLY DON'T UNDERSTAND INCREASING RENT.
[9. CONSIDER AND TAKE APPROPRIATE ACTION ON AN ENCROACHMENT AGREEMENT BETWEEN THE CITY OF DECATUR AND CAROL ANN CARSON, FOR A SIGN LOCATED IN PUBLIC DRAINAGE AND UTILITY EASEMENTS LOCATED AT 1411 S. FM 51 AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT. ]
>> ON ITEM 9, I WOULD ASK IS THERE ANYONE ELSE THAT CAN PROVIDE AN ADEQUATE REPORT FOR COUNCIL TO MAKE A CONSIDERATION?
>> GREG AND I CAN GIVE YOU THE BACKSTORY AND DEDRA AS WELL.
THERE'S A SIGN THAT'S IN THE EXISTING EASEMENT AND THIS WOULD CURE THE RELATIONSHIP OF THAT SIGN AND THE EASEMENT IF YOU SO APPROVED IT.
WHAT I CANNOT GIVE YOU IS THE TECHNICAL DETAILS THAT GO WITH THAT FROM THE CITY ENGINEER.
>> I'LL LOOK FOR COUNCIL TO IF YOU HAVE ANY QUESTIONS OR COMMENTS.
[00:55:05]
IF NOT, WE'LL LOOK FOR A MOTION, AND IF WE DON'T HEAR A MOTION, THEN THAT WILL MEAN MAYBE THAT'LL END UP ON A SUBSEQUENT AGENDA.>> I'LL MAKE A MOTION TO AUTHORIZE THE CITY MANAGER TO EXECUTE THE ENCROACHMENT AGREEMENT WITH CAROLYN CARSON FOR THE SIGN LOCATION.
>> WE HAVE A MOTION AND A SECOND.
ANY FURTHER DISCUSSION ON THAT MOTION? HEARING NONE, LET'S VOTE ALL THOSE IN FAVOR SAY AYE.
>> OPPOSE SAME SIGN. THAT PASSES.
THAT WILL GET US TO THE ADJOURNMENT AT 7:33 PM. THANK YOU EVERYBODY.
* This transcript was compiled from uncorrected Closed Captioning.