City Council - Regular Meeting

We got six o'clock. We'll call this regular council meeting to order on February 9th, 2026. Okay, we give us an invocation. Father, we thank you for your blessings. Ask you to to send moisture, help. Uh we pray for the families in town that those that are hurting and sick and have lost loved ones. I ask you to bless Dart Texas in Jesus name. Amen.

To the flag of the United States of America and to the republic for it stands one nation indivisible with liberty and justice for all. Texas. Congratulations to the Texas one God indivisible.

Okay. Move on to the consent agenda. Approval of minutes from January 26 regular council meeting and approval of December financial and bills. make a motion that we approve the consent agenda. Second.

Yeah. Um the financials, I apologize for being uh a little behind. We were just trying to get everything ready for the auditors. Uh we are monitoring and for the most part we're right where we need to be. There are a couple things we're really kind of watching, keeping an eye on. Um, in your packet there was a that this last December was the when this packet was put together was the first month that the rate increase uh went to effect and you you can see it reflected in our packet. But other than that, everything else is uh right where it needs to be. Motion a second. Any further questions? All in favor?

Any oppose? There are. Okay. We'll move on to I don't have anybody for public comment. No. Um I do. Um Burnman.

Yes. So everybody knows we were the two counties were placed in a burn man beginning today. Um and the auditors did not come do their field work. Uh they were supposed to be here last week. They did not come. They rescheduled. They had something on in their system that wasn't quite ready to do ours. We've already sent all of our documentation to them and they're doing all their so basically when they get here, which will probably be at the end of this month or the first of next month, all they have left to do is their field work. It didn't push the timeline back uh from when they're going to be ready to present or anything like that. That's the way they used to do it anyway. Yeah.

We send stuff for a month before they've reviewed it and got it ready. Yeah. That way they're just here and have it done. But they got a new software and it didn't work. They were down for a couple days and threw everything behind. But they assured us it shouldn't throw back to when they're ready to present any. Okay, we'll move on to item two. Discuss and act upon resolution 20263. A resolution approving a lease of real property owned by the city to Whiskey Bravo Air LLC present to section 152 of the city charter.

Yeah. Uh Mr. Leam wants to sell his hanger is in the process of uh selling his hanger to this company which is owned by Yo Yos Schmoulders. Um there was no problems that we can see on our end. It's just a problem. That's it. They're going to assume the lease basically. Well, it bar charter has to go to a new lease and he is with it, but nothing other than that. Make a motion we adopt resolution 2026-3.

Second. Have a motion. Second. Any further questions? All in favor?

Any opposed? There are none. Item three, discuss and act upon ordinance 20 2601, first reading ordinance adding a regulations to the city code of ordinances regarding golf carts and offhighway vehicles concerning registration operation requiring equipment and permitting golf carts and offhighway vehicles. Uh this is something we've talked about for a while now. something that the assistant chief and the chief and I and the city attorney have uh gone through for quite a while, looked at a lot of different city ordinances. Um, a lot of cities do this already. Um, it's something that I'm not 100% okay with, but I understand the need for it. And I think if we're going to do this, we need to dictate how it's done. make sure it's done as safely and and as properly uh as it can as we can. Um, this ordinance does allow the use of golf carts and UTVs on city streets. The state of Texas says that UTVs can get registered with the state, but a city has to have an ordinance allowing the use of them u within city limits. Uh within ours we have we have designated going to be 16 uh okay the requirements you got to be 16 years old have a driver's license it has to be insured even golf carts can get insurance on them uh you can get a policy it's got I have two headlamps, two tail lamps, two side reflectors, one uh amber in color, and two red in color

on the rear, a parking brake, a rear view mirror, um a slow moving emblem, turn signals to meet this. And the way we've kind of envisioned this is the police department's going to have a checklist to go down when these people bring their golf carts and UTVs to be checked off, registered with the city, pay a small fee, which is $20 for an inspection fee. And we are coming up with an emblem that they will put in the driver's side lower corner with uh a permit number and basically our seal saying we have checked off on this and we agree that you can use this on city streets. The city street, you cannot ride it on a city street that's over 30 miles an hour. Uh and you cannot ride on a state highway. So people can outr them on 281 Tennessee 7th 8754 what it would be Denver

uh anything that's a state highway they they can't ride they can cross but they cannot ride on there um I mean that's basically it in a nutshell add anything to this and you gave us opportunity to add safety features in there. I'm opposed to it, but it's regulated. Oh, we had some gentlemen that showed up. I think one of them requested it, you know, and I I I just don't I I see kids doing it and not adults.

I see a whole lot of kids riding on these things. I think it's going to create a whole lot more problems for our officers than it's worth. Personally, that's how I feel. I don't think that it's going to be regulated enough. Um, and I think it's going to add a whole lot more onto our officers plate that we don't we shouldn't be adding on to them. That's how I feel about it. So, it's just for side by side. No four wheelers will be able to side by sides.

They all have to have Oh, I did I didn't mention in there, but they all have to have seat belts. Anybody in there has to have a seat belt. It It's not supposed to kids are not supposed to be driving no matter what. Can they ride? Yes. And it's punishable up to no more than by our ordinances $500 fine. Um I mean I just we saw what happened with the go-kart situations on our officers being bothered. I mean it really was bothersome to our officers instead of doing their their jobs. They were playing babysitters to golf carts

to golf carts and and go-karts instead of doing their job. And I I don't think we should be a part of that. Is just that golf cart that's gonna be cross highway truck. Yep. I think it's hard enough in a pickup right now. I mean I I love riding my golf cart. I love I mean I love that too. But in the city I just I think you're open up too big a can of worms. I agree. I have I I pulled our officers. I spoke with them. I'm like, chief, I'm opposed to it. Uh I've not spoke to any of my officers that are for it is what I'll say.

Yeah. Because it's just going to tie them up. One of the things that Well, they you know, they they brought up good points as to major highways. That's what you said, but also the train, you know. Oh, yeah. And that's my thing is I'm I'm not I'm not saying it would be great. It wouldn't be great during the summer. I mean, we all would love to ride around town downtown in golf carts and do and you know, I just don't see it being an overall good thing for the city as a whole is how I'm seeing it. And that's just my opinion.

Well, even though they're not legal, I see a lot of them hot rotting around in my neighborhood. See them down, too. little, you know, and most of them are kids. Yeah. And they don't want to buy stuff. That's my point. And the adults aren't the problem. It's the kids that are.

I think our adults are fine. It's just I think once you open that floodgate, you open the floodgate and then you're in trouble. And then how do you rein it back in without burdening the officers whenever we created the problem? pocket is there if I got a golf cart and I'm not going to spend the money it takes to get brake slots blink. I mean like that's it cost me a thousand bucks. Just take my chance and if I get caught Well I'm not I'm not saying that Gary. Yes you are. That's exactly what's

my golf cart's pink so I don't it's not going to get caught. Point is is whenever I think about the people that are going to do this safely, like just insurance alone, you know, I only know two or three guys that have insurance. I got insurance, right? And they're all I don't drive mine on the street. I don't even drive on the street in XIT. I think I think because you have I mean, I love this sticker. If you're going to have to go down and get it looked at, get it and then what'll happen real quick is everybody that's just doing it wrong and they're already doing it wrong. Yeah,

they're going to get tickets and get done and sell barrel. I mean, the the responsible guy, this is not going to be an easy task to get it insured. Blinkers, sticker. I mean, there's a lot of Yes. Seat belts. Seat belt. Well, I'm not going to put a seat belt in a golf cart either. Yeah, I guess

it's a bunch of sports and just Yeah. Would they be able to go down the sidewalks of the highways? Point is, there's so many hills to get over with this. It's going to be very few that even go get the sticker anyway. I bet you don't have a half a dozen to a dozen people. You have a comment? It's It's on the agenda. Is a legal run down is not legal down. No,

but you can cross like they were saying to get insurance for them. Ain't a big problem. I've got one if I had it on that little bitty call car I used to run. I don't see where that be an issue. The only place that mine will fail right now passing what you guys saying they don't have seat belt but it's easy to get the insurance on mine for half million is $75 a year. If that's going to break the bank I guess we don't need them. What is your reason for wanting to have it have the have it legal or to have people use them in town?

Well, it's kind of like this Texas state law says that you can do it, but there's supposed to be a city ordinance that says you can't. And far as I understand, maybe I'm wrong, but is there a city ordinance that says you can't? But if there's a city ordinance that says you can't, the state law can't overpower what's the city limits or the city ordinances. Right. We're a home rule city. That's not entirely correct. Yeah, we didn't know. I'm just going by

there's a difference. If you're a general law city, you have to abide by what the state said. But we're a home rule city. So we have the ability to create ordinances. We can be we can be as strict as the state or we can be less. We can be stricter. We can be stricter in the the state or the same. That'd be cool. Yeah. But as far as the kids running around, if you make it a substantial time, the parents ain't going to let it happen, I would think. And you could even go in and let that something. But

so if you get one that's not registered, get stopped. Is that going to put a we're going to put a penalty on that where they can't get it right away? I think we had like a first time offense and all that. And as far as us, we're going to treat like a traffic stop or in a regular motor vehicle. We can tell an extra fee you got paid, but we've learned people just pay the pound fee, get it out, and start over again. My understanding, correct me if I'm wrong, boss, but there is a revocation in there. You know, it says the registration permit may be revoked. It goes into what it is. What they That's if they got it registered, sorry. That's if they got it registered. That's correct. That's that's a downside to to having that caveat there. Correct. Yeah.

No. Um I think it's somewhere in there. But the way I would see it done was bish one get out of get out of jail free card. You know, hey, you're not supposed to have it on there. Catch you again. Then we're going to hammer you on it. It's the way I look at it. Is that is it legal in Dumis? Yes. Are they having problems in Dumis with that? Do you guys know?

I don't know. I'm doing this in Michigan where I've lived well through Friday night. They were car wash. I bet there was five or six of them sitting there. It's become more and more popular across the state. But if y'all had your way. No, I don't mean to speak. No, but

I think we're on the same ter say the same thing. Well, this is just the first reading, right? There's no a vote on you. We got a vote or um citizens have you had besides him that have come in? Well, we've had Boyd and I've had another I've had about three. I think Boyd was one of them. I'd be a fan of uh since we're are we discussing right now? We're just discussing. Well, we're table.

Yeah, I would. I would I would y'all going to have to make a motion? If you're if if you'd entertain a motion to table, I think we ought to get the other people that are advocates of it to come speak their piece. So, we don't have a And there's no way to change that age limit from 16 to 50. Yes, sir. I don't No, I think that that's where it goes into state law and state law says that if you have a driver's license and this is considered a motor vehicle. A motor vehicle, wouldn't it? Yeah. You know, all four wheels touch the ground and it's powered by a motor that they have the Except for you can't rent a car till you're 25. There's a bunch of stuff.

That makes sense. Is there any leeway at all on age? I don't know. Okay, that's something I can check with the city attorney about. I think that's an ordinance thing. The city can dictate that. My fear I get, you can put a 16-y old on a golf cart, they're going to go 30 miles an hour. 30 miles hour. Absolutely. Put them behind a souped up ATV razor and put them down the street. Yeah. And like hunt license, everything else. If you're under I mean, if you're younger, you got to take a stupid long Texas safety course. I mean, just stuff that deters people from driving forklifts, you know? and hunting and whatever. I wonder will you let's get those guys gathered up. I make a motion that we table this until we can get some more data here.

I'll second that. I have a motion and a second to table. Any further discussion? All in favor? Um if we can get some analytical stuff from the other cities would be great as well. Okay. Any further discussion? All in favor? I Any opposed? Okay. Table that.

Move on to item four, presentation. Economic Development Corporation annual report. Sean.

Good evening, Mayor and Council. um in front of you, you've got a pretty exhaustive list of um where the EDC is going. Um I can't speak to all of 2025, but I can speak to the last four months and and where we're at. We've always uh been after recruitment, retention, and expansion of existing businesses and new businesses. We're actually uh enhancing that instead of chasing just whatever uh deal we can get. We're actually targeting what the community needs, what's going to fit best in the community, and what's going to last uh longer term. Uh we're also protecting businesses that are already here. We're lowering risk for investors and future developers. We're bu uh building uh steady long-term growth and we're keeping the work balance between protecting what we have, fixing the spots that are weak and recruiting the right fits in in all of this. So with new business recruitment, uh that's targeted endeavors. I've done a total of 47 um uh recruitment efforts uh in various capacities. 16 of them uh are through state RFIs. 15 have been through additional industrial RFIs that uh I've been able to research and and pull information on. Uh 16 targeted outreach efforts mainly in retail on the retail side for a total of 47 prospects. Out of those 47, I'm actively working with five right now. Uh going back to industrial and specialized recruitment for manufacturing um we're using heavy data location uh analysis um excuse me LQ analysis location quotient analysis this tells what companies here are already strong

exporting what companies need assistance um what uh supply chains we need to bring in gaps in those areas and opportunities of diversification rather than uh being dependent on just one sector while also supporting agriculture. So we're looking at uh targets for industrial in areas of small food, beverage production, packaging and plastics, metal fabrication, equipment assembly, building products, manufacturer, um and logistics and warehousing just to name a few. So, we're actually diversifying the portfolio as well. And we're also finding what um uh the workforce that has um what what uh training they've got that can be used uh in in other industries as well for uh for cross trainining as well. Uh we talked about the business retention and expansion um program last month that is now underway. Um, we've got it set up in a in a three- tier um, program. Tier one is our most critical employers. Those are the ones that really need hands-on um, help using our resource partners, looking uh, at the city to be able to help them. Our tier 2 u employers, those are the the growing businesses right now that we have. So, we're just kind of keeping an eye on them and watching them. And then our tier three, which is our watch list. Those are those are uh companies that might be showing some early warning signs, but they can they can be pulled out of the lurch fairly e easily. Uh so we're taking this approach from uh you know, we we're we're hearing what's going on to we can actually put data to what's going on with these companies and find ways to be able to help them. Additionally, uh house work,

uh excuse me, house, uh housing and workforce, those go hand in hand. Uh if you don't have housing, you aren't going to have an adequate workforce. Uh workforce is needed to create housing. So, we're uh we're we're looking to structure deals that that are getting both of those done as well. um using uh several tools that uh that we have in the toolbox that we can we can look at uh those funding structures. Also, I'm working with uh the Doward ISD on um a potential program that that gets some hands-on um exposure to to high schoolers uh in the 12th grade uh year after year to be able to show them that they don't have to leave for a good job. they can they can have a good job here. So, the plan that we've got in addition to our strategic plan, which is a rolling 5-year plan, we've got an immediate three-year plan that is uh building capacity. That's our year one and strong foundations. Our year two is visual improvements that support the economy. These aren't just pretty projects. These are economical um and they're necessary for economic development. And then in year three, we're going to push even harder on recruitment efforts because now we can show that we're mitigating outside investors um risks because we've actually taken investment within ourselves. So we've got tools that we're using that support uh what we're doing over the years. We've got a new redesigned website that works for us 24/7. Uh we've got simpler, clearer incentives as you can see there. when you've got a big old laundry list of incentives, it gets exhausted. So, I've been able to con condense some of those incentives into single packages that have redundant uh wording in them. We've got the facade improvement program which is starting to

show some interest. Uh and then governance training for our board um as well to be able to get them up to speed with uh what's going on in economic development and then continued asset protection as well. So the overall idea is uh we're proving that the community is investing itself in itself so that we can mitigate uh any investor risk uh that that might come of this from outside investment. I'll answer any questions you may have at this time.

You're doing a good job. Thank you. Thank you. Thank you, Sean. Appreciate it. questions.

Need a motion to accept that report? Think so. Yes. Move on to item five. Discuss or act upon proposals for banking depository services. I think you actually got some this time, right?

Yes, I got one uh this time. You know, as y'all know, every five years we have to go out uh for bid for our banking services. Um, first state did turn in a bid. Uh, that's who we are currently with. Um, basically the terms, the services they provide, they will keep keep providing. Um, the only change was to the interest rates like they do every 5 years. We get a pretty good interest rate um on their funds that we hold there. Um, we were happy with the terms and if y'all uh accept this proposal, it'll be wonderful for us that we don't have to move banks. Did the rates change? A little bit of up or down.

Oh, okay. Because I think the last time this was done, it's when rates were extremely extremely low. So, they try to balance it out where they've got some room. They may be a little bit higher on the market, but if they do drop, we still get a little bit better rate than some people. So, and we don't keep that much money there. And most of it we keep in tax pool or Lonear Logic. Yeah. Or Logic. Yeah. So, you're happy with this one and don't seek anymore? No. No. Uh, they were the only ones that met all the requirements and turned in a bit. So, yeah. And I think the whole time since 2011, I think we've only had one other bank that ever turned money in that was happy.

Yeah. The whole time I was city manager. So So we're happy with First State. Yep. I'll move to accept the proposal from First State. Second. Any further discussion? All in favor? Any opposed? There are none. items that discuss interact updating the city of Delhart employee handbook. Yeah, actually approving it. Well, we approved it in November somewhere in there. Yeah.

And and I'm I missed something and I think we need to address it and actually y'all kind of brought this up to me the other day. Um really what I what I'm proposing we change there is um and I have spoke to these two gentlemen about this is changing the vacation time carried forward that's one of them but police officers who work holiday

work a holiday are paid time and a half plus eight more hours. I'm okay with keeping the time and a half because it is a holiday. They are working, but it is killing their overtime budget with this extra eight hours. I mean, it adds up by the end of the year it's about $30,000. Where did that come from? Stacy, I don't know. Because it actually wasn't ever I wanted to work for you guys if that's what you know. Yeah, it was actually never actually approved by council when it was done cuz like I think the previous handbook was 2016 when we did it

14.

I I don't know. I mean it's it's hurting it's hurting their budget massively which in turns hurts the city's budget because it it just it adds up over time. That's one change. And the other change is um when it comes to vacation time the acrruel not so much they ac but the amount that we can carry it is it's a nightmare for those girls to try to figure and the employees uh to figure out how much they can carry over and if they don't how much they're going to lose. So my proposal is for um hourly employees is they carry a maximum of 200 hours period at the end of the as of December 31st. So that way they know that's what I can carry. That's it. That's the max I carry. I either use it or lose it after that or sell it back. Um it make it easier on our end and I think it make it easier on the employees end. And if an employee starts today it would take them three years almost three years to acrew 200 hours without taking off a day. It's very very very few hourly employees that even reach that. And um I'd also like to change uh department heads exempt employees where they can carry an unlimited amount because usually what happens there is it's usually people that have been here a long time. They they acrewue vacation at a at a different rate than most employees. They don't have time to use it and they either wind up losing some or having to sell it all out and they're always maxed out. they never can go anymore. A lot of times they wind up losing it.

So, and that's just kind of what I've seen at other cities that I work for and talked to is that employ department heads can carry carry that

many. In honesty, I'm trying to think right now. I think there were three of us over 200 hours total. So, I'm just trying to make life easier on everybody questions, comments. So I think me, Dennis, David Gonzalez, and I think maybe one other person, Curtis Green or Brown were the only ones that ever had him like that. Everybody else used it all. What happens

now? And I will say, I mean, there's been a couple of things that that are not in the handbook that I've kind of changed around a little bit to help take some liability, okay, off the books. Um, doesn't affect salarly employee, I mean, uh, hourly employees, it just affects exempt employees. And that mean exempt employees still hour for hour. Now they are. That's the way it was. Yes, that's I don't have any problem being able to carry it over more.

I have a feeling that the auditors are fixing to hammer us on that. So motion can make the changes as suggested by city manager. I have a motion and second. Any further discussion? All in favor? I. Any oppose? All right. Okay. Item seven, discuss or presentation of the downtown revitalization grant.

Good evening, mayor and council. Um, it's that time of year again. TDA has opened up the downtown revitalization uh program grant. Um, and so I'm working with PRPC right now, uh, to go after that grant so that we can finish up, uh, the second phase of downtown on the sidewalks and ADA compliance. So, um, basically nothing else has changed. Uh, it includes sidewalks, ADA ramps, street lighting, um, up to a million. A $50,000 match is recommended to score competitively. The minimum required match is $20,000, but this level has not historically placed communities within funding range. Um the uh the the application process has actually changed, which I really am happy about. No longer do you have to put this exhaustive application in just to find out whether you scored or not. Um you actually do a mini application and then they let you know, hey, you've got really good chances. just go ahead and put in the full application. So, uh that that's one of the beautiful things about uh the new TDA uh DRP grant um program. So, um the uh the resolution will be coming to the council on the next city council meeting on the 23rd for uh reading and uh whether you guys want to approve to move forward or not. You can't get your hopes up too much because I we applied for it every year and we finally got funded for this one. I mean, I was applying for it every and and that's the thing.

Six years before we get it again, you know, and and and you're right, if you want to catch fish, you got to drop your line in the water. That's that's basically what we're doing. And the only thing I will add to that is when you do get new sidewalks, anything that has state funding has to be ADA compliant. So I've heard some why we have ramps and islands and that's why because they have ADA compliers. And you're absolutely right. We'll make note of the changes to the elevation to the streets and submit them. Yes.

Yes. Yes. I'll answer any questions you may have. All right. Thank you, council. Thank you. Move on to item eight. Discuss and act upon information or formation of the construction advisory appeals board.

Yeah, this is something that Leona has worked on for a while now. Basically, what this is going to do, it's going to take three boards, the plumbing, electric, and building boards, and combine them into one. uh so they can update and review the new building code and stuff like that. Um right now the proposed members that she has that there is an architect, a master electrician, master plumber, m master HVAC and a building contractor which hits everything that needs to encompass. Um I think their first task if y'all decide to make this board is going to 2021. Yes, I've already got 2021 developed, ready to go to be adopted. We just have to have the board to address it, too.

Can you mind explain why we stay one code back? Let's everybody we stay one back. It's just because it gives all your contractors time to catch up. Get rid of stuff that they have in their inventory that doesn't meet the new codes and stuff like that. It's still safe. That's not what I'm saying at all. But they're if you go to the newest and latest, they're stuck with a bunch of stuff that they can't use in town. They have to use it somewhere else and it just sits there forever and ever.

Well, an example is when they first came out, these arc fault breakers. Arc fault breakers were $140 a piece and you could get a $15 breaker still. So, it lets those manufacturers catch up and the prices come down. So it makes it less costly on our builders and our our co our citizens as well. It's not it's not that it's not safe. It's just the newest technology and let the developers come catch you up.

Also helps your insurance ratings too for the citizens. I mean you've got your I'm not sure if y'all are familiar with BCGS. So we respond to them and they come every five years I believe they come to do their evaluation for Dowart and the last evaluation they did it was a nine and which is failing. So with these insurance um ratings it's going to help the companies it's going to help your building codes also with the with the residential as well with the ratings for for insurance. Canyon did this as well. it it it frees up a lot of our people that ser serve on all kinds of boards that maybe meet once every two or three years.

So this board basically we would have um for example say JJ didn't like that I refused one of his the way he set up his plumbing and he didn't agree with my decision. he can appeal it to this board. And this award, this is where the building uh the plumbing personnel that's on that board can kind of go in and kind of look to to appeal or see if I was in the right, they're in the right, whatever the case is. It just takes it off me for liability, brings it to this board so that way we can just present it to them for any appeals if any. So,

it cuts three boards into one. Yeah, we're still hitting all the areas we need to hit. Make a motion that we approve the CAB. Second. Any further discussion? All in favor? Any opposed? There are none commission. All in favor?