City Council - Regular Meeting

All right, we're going to call this meeting to order. It's a regular schedule meeting Monday, February 9th, 2026, 6 p.m. Roll call, Mayor Turney here, April Aand here, Jane Rididgeway here, Alex Gavville here, Dr. Pam Sardo here, Gary Chapel here. She'll stand for the pledge of allegiance. To the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all.

Okay, you want to do the invocation? Yes. Thank you. Will you bow your heads and join me, please? Dear Father in heaven, we're grateful for a country where we can come in and pray to you. And we pray for God's unconditional love because it's the month of Valentine's Day and to fill the hearts of our colleagues and city residents and foster peace and kindness. And we ask for blessings of joy and protection, especially amongst our first responders. And dear Father, help us make wise decisions for the city tonight. we ask in your name. Amen. Amen.

All right. Before we move on, I'd like to make a few comments. One is I would like to on behalf of the city thank the police, fire, and public works for the extra hours and time from the ice storm. We appreciate y'all. Um so yeah,

I know what goes into that. So, we really appreciate it. Did you say public works, too? Yes. Okay. Always. Okay.

Uh, also, uh, comments, questions, please keep them to the items on the agenda so we can keep the meeting moving. Um, try not to steer off. So, moving on. Do we have any citizens in the audience who would like to comment? Come up to the mic at this time. We have any cards? Going once. All right, moving on. Number three, this is consent agenda. Council questions, comments, or discussion on the consent agenda.

Um, this is Yes. I have um one comment. Yes. So, I'd like to pull the water report, the January minutes, the police report, the code enforcement report, and the accounting report. So, that leaves uh fire department, good animal control, no questions. That's it. And this will be quick. Okay. Okay. So, um, reg regarding the January minutes, I just had a question. Um, we had a citizen that want that you offered assistance to. Is that all resolved, Jason? I just the the

Yes. Okay, perfect. Thank you. And is the Greenville sign up yet for the construction or is it still missing? Greenville Road. It's still in county hands. Okay. And, uh, was there a meeting with the Magnolia Board yet?

Okay. And so that's all I have for the minutes. Um for the water report, um just one tiny thing. Um I appreciate the water report very much. You've been doing a lot a very important work. The report says no issues um during the storm, but I did send an email about odor outside of Deerry. Was there any ability to help that issue because there were over 30 social media comments about that?

Um, as you know, we're steadily growing on a sewer plant. So, it is a 1980s model or older than that, I guess. 60s. Um, at this time, no, I have no explanation why this odors are there other than it's a natural lagoon system. Um, we're going to maintain it. The ariator that we discussed last month, that doesn't have anything to do with on the new addition. That's the new addition. Okay.

Okay. And once one quick question about the police report and maybe we have to wait for chief, but um it very wonderfully says that seven officers had reported um in the report. Um but we have other officers. Are there ever going to be more than seven that report into the monthly report or is it always going to be about seven frontline patrol? I just don't know. you're patrolling. Uh so we have a total of 11 on patrol. That's including sergeants also and the rest is admin or CP.

Okay. Thank you. Um I also noticed that there's a lot more thefts and arrests and repos than I've seen in the past reports and wanted to know are there the arrests associated with people living here or people who have come here from outside this area? It's about the same even.

Okay. Thank you. That's all I have for the police report. Um the code enforcement um it looks like um it looks like there were 100 uh violations of the backflow in two months which is 3% of the city population. Is there a solution to do more education? and I briefly mentioned it last month, but I didn't know if there was an opportunity um to try to do more education so fewer people get citations. We just recently changed the way we're doing it to try to educate prior to so we changed our internal process to allow a lot a more a loted amount of time before issuing a citation right now because there a lot of people we noticed were thinking that the letter was spam

or not receiving it. So, we went and we changed our utility department is now emailing each individual person and then if they don't reply to that, we also send them a phone call and a text message. Um, all of that is done prior to a citation being done. Thank you. I think that's awesome. Thank you. Um, for the accounting report, there was one line that said there was non-interest payment. Maybe it was a bank issue. Was that resolved? Yes, that was resolved. I spoke to our representative today and he manually added in that week. Okay, thank you. Um, I would now, if there's no further questions, be happy to make a motion to approve the minutes and the consent agenda.

Second. All right, we have a second. Are we doing this or doing hands? I'm waiting for it to pop up here. Where does it pop up? It's supposed to pop up on our screen. I did a refresh, but I don't see it yet. If uh we're having a hard time hearing y'all. I don't know if you could speak up into the microphone. Okay. I don't see the vote button. I haven't seen it. Oh, okay. Thank you. There you go.

Awesome. There it is.

Thank you so much. Okay. Thank you. Okay, that worked. refresh it.

Four. There it is. Okay. All right. Motion carried. for the uh sewer issue, Pam. Um we we did go investigate and we had an independent investigation, too, and it was on the homeowner side. Thank you. For the sewer, there's no issues with our sewer. So, thank you.

Um just for update on that. All right. New business 4.1. This is a receiver presentation from Hilltop Securities regarding plan of finance for city of Josephine special assessment revenue bonds. series 2026 for the Josephine public improvement district number one project and provide direction staff. Yes, mayor. We have representatives from Hilltop here tonight to talk about um 4.1 will be about um Morningside and then 4.2 would be Morgan Farms. And at the end of that, we'll just be asking for a motion to move forward if council is ready to do that. and we um Hilltop will explain what we have coming up.

Sorry. Good evening, mayor, members of the city council. My name is Rudy Sagura. I'm with McCall Park and Horton. We are bond council to the city. Uh Jim Sabonis is I presume on his way. Uh we came over here. Apple said it would take 50 minutes and it took about an hour and 50 minutes. So I'm assuming he's on his way. But um so I'm not going to dive into the presentation but the reason we're coming before you here today is as we've discussed uh you know before is that the city has entered into development agreements and has created two separate public improvement districts. I don't want to repeat a whole lot but we have Josephine public Improvement District number one also known as Morningside. And I believe we have uh developers here from uh uh representatives maybe from Brightland Homes. And then we have the second pit is called Morgan Farms Public Improvement District which is being developed by Meritage Homes of Texas. And so um there's developments agreements. The city has approved development agreements. The city has um created the public improvement districts and the city has entered approved and signed reimbursement agreements for these two projects. And so we just wanted to kind of give you a precursor as to what happens now at this stage of the game. So before uh so the developers team asked us, let's go, let's move forward, let's hurry this up. And we said, well, city council meets one time a month. So uh it takes it's a multi-step process. Um um big picture is you have to take you have to adopt a resolution. It's a published notice giving notice to the public and giving certain certified letters to each land owner saying you're considering putting assessments on their property. In this case, those two developers own all the land. They're the only land owners. But we have to publish those notices, mail certified letters, uh give it at least 11 days, then we can come back, conduct

a public hearing on each one, levy the assessment, and issue bonds. But in order to get to that position, um it's a lot of people. There's a big team over 30, 40 professionals, uh that will uh do a lot of things. We have to get uh a professional registered appraiser to appraise the future value of these finished lots, residential lots. We have to engage an underwriter that'll come in. They'll hire a lawyer to conduct due diligence to interview uh some city staff but primarily the developers and try to get a lot of data. Their council will put together like a 400page offering document full of data. Um uh we will prepare several hundred pages worth of legal documents. And so before we, you know, jump in and start doing all this work, engaging all these people, running up the bill, so to speak, we just want um sort of permission to proceed. This is not an action item. I think this is a discussion item, but we just want we want feedback from the council that yes, go forth and do these things. And so, uh, again, I'm with McCall, Parkers, and Horton. We are the bond lawyers that do um the bond loss side of things for the city, but your city attorney will also have a crit a few critical roles in the process. Um we also have P3 Works. They do a lot. So they'll prepare 120 page service and assessment plan filled with pictures and graphs and numbers for each PID and we'll see several drafts of that. Um the you know city engineer may have to review a lot of plans and specs and cost estimates we get from the developers. Um underwriters aren't here but we have the developers council Robert Miklo. Robert doesn't do

a lot. He just sends a bill. Um he just sits there and he bills us. We are not really sure why he's on board. No, Robert is going to be busy uh with his team. Um and so happy to let uh Jordan if you want to speak or mention anything I forgot about.

Yeah, Mayor Council Jordan Sawyer, regional director for P3 Works. Uh we were here uh kind of mid late last year to talk a little bit about this project. Uh as it's kind of more formalized and really moving forward, I think we're looking at action items coming up here in the next two months. And so again, I I think one of the things that Jim wanted to do was really talk a little bit about what the deal is, introduce that just so it was not a brand new item that came up before y'all for the first time. Um, so I know uh so yeah, happy to answer questions. Again, we're kind of helping out I think on the traffic side. Uh really having two projects come through the developers. We've been working for the last few months just to kind of get the data in a spot that it'll be ready to go here uh come the March, April time frame. Um, so we'll be back again as Ruby said, both with the preliminary service plan to really present what the costs are, what the formalized ask really is, then it'll go to the notice, then it'll actually be the formal levy and the bond sale. Uh, and I think we're we're still looking in that April time frame. So again, happy to kind of talk through if there's any general questions, uh, if there's anything specific there. We can also work with Jim as well.

As uh, as Jordan mentioned, we'll be here. So the plan right now is to come back in 28 days March 9th with draft service and assessment plans for both. You'll have two resolutions that direct uh us to go ahead and publish those notices. Really direct Patty to publish the notices. We'll help out my legal assistant Bailey will help coordinate those notices publications. Um, and then we'll also be approving at that point I presume offering documents and these these schedules tend to slip a lot regular, but the offering documents are going to be long. So, you're going to see an agenda item in your packet and it's going to be like and just rest assured there is a big team of people uh including your city attorney, myself, Lisa, um you know, developers, their council, everyone's looking at this stuff to try to scrub it and make sure that it is all on point. Uh that it is all um you know, satisfies all securities laws. So, that's what we would come back with to you for approval in 28 days. Uh so we want to make sure that that is something you want us to do. You give us permission to proceed and answer any questions you have at this point. You'll be able to ask obviously ask more questions then and then when we come back with the bond sale I think on April 13th if I recall is the uh Tuesday and that way then then that'll be the last action item unless something slips things slipped and then we may have to everything may have to push back a month. So with that, happy to answer any questions.

Questions? Go ahead.

I have a few questions. Thank you for coming and sorry about the traffic. It's going to get worse. Okay. Um certainly I appreciate that all of you are coming together. It's a It is a big team. Um in my reading, developers should be self-sufficient. It sounds like you are. Um, my understanding of a PID first of all is that the public improvement district is supposed to offer things that would not go into a development normally and that's why it's an improvement district. So, for example, we this if this is later in the agenda, just stop me on this. There's supposed to be three common areas. I don't couldn't see how big they are. Maybe we could discuss that later. um what improvements are you making that would not otherwise be available?

So, I'm going to jump in and say neither of us are the developer. We represent the city. So, the developer is back here and this is their this is their attorney. But, but I'm going to let them come up here and answer that question. But, uh but before I do, you know, I will say originally that's kind of what the concept of a pit was was. That's back when you could involuntarily force people to annex in. Okay. 2023 that changed. Well, yes, but even before 2023 it became very very hard to annex. Period. I mean, it's been hard. Now it's just straight up impossible. Not only that, now they can give you petition, they're out of your ETJ. Yep. Right.

To me, a PID is basically the last carrot that a city has to incentivize development to come in city. that's and hers, right? But um that's that's my humble opinion and that's kind of uh it's evolved where um you know what other reason are you going to give someone other than your infrastructure, your wastewater treatment plant, your water system, what other incentive are you going to get them to voluntarily come and submit themselves to the city's taxing authority and development authority?

Okay. And I know that was all part to that I think these development agreements were both signed back in 2022. So a lot of I think there has been annexation that has happened since the development agreement as part of these prior actions to to already taking these steps to get the development agreement to take move forward on that piece. I guess I know the reimbursement agreements are already out there uh with the developers to really move to those next steps. Um but but exactly kind of as Rudy was saying is is the PIDs are intended to help incentivize and help allow for development in areas where they would not have uh accepted or would not been successful without them.

Okay. Somewhere in the documentation and I apologize I can't point to the exact page right now. I read PD instead of P. So is there an aspect of plan development as well as PID? Could you please explain that difference? Yeah. So, and and not acting as an attorney because I'll take that hat off. Uh, he will. Yeah, he won't. You want to? Yeah. I'm not an attorney anymore. No, I'm recovering. Okay.

Robert Miklo, 2500 Dallas Parkway, Sweet 600, Plano, Texas 75093 is my office address. So, I wanted to say that first for the record. And um I I think the direct answer for your question is that both of these tracks of land, both Morningside and Morgan Farm, started in the extr territorial jurisdiction. And so, and I think you're familiar and we've had this discussion where certain regulatory uh uh powers of the city didn't apply to that and that if uh the developer had developed in the extr territorial jurisdiction, eventually they could have created utility districts and financed certain um uh infrastructure like roads and sewer and water and things through a utility uh district. But instead of that, in the place of that, there was an agreement, a bargaining between the city and the developer that the developer would develop certain sized lots and a certain manner with certain quality to those homes, the streets, the waterline that we had a certain impact fee uh tradeoff. there was a bargaining and so a public improvement district typically in Texas and I don't want to say how many I've done that this probably looks bad at this point probably 75 to 100 um that is the bargain and you do get in certain instances parks that you wouldn't get otherwise or the size of parks that you wouldn't get otherwise because there's a tradeoff we're getting a certain amount

of assessment ments from the individual homeowners. That helps defay the cost of the land purchase and therefore we could do better open space, better drainage, better parks, um better quality homes, larger homes, larger lot sizes than the city would get on its as a neighbor but not be within the city. The city gets the advorum taxes. There's no decrease of the advalorum taxes. So, you're getting 100% of that. So, does the school district and in exchange for a larger, more expensive, larger lot home that you would never have been able to regulate otherwise in exchange a certain assessment that the financial advisors say the property can handle, they will pay, the city can handle, it's never coming back to you. It's that exchange uh that makes a public improvement district uh something that a lot of cities do and have right next to uh um their city limits. I will say some public improvement districts, I can't say these in particular, will do other things, amenity centers and uh hike and bike trails, things like that. I don't think there are you don't have those in these, but you do have enhanced open parkland and open space and drainage in these. And so that's the tradeoff. I think that was a direct answer to your question, but they're but if you're looking for they built this building that they wouldn't have built, that's the infrastructure is a certain amount, but it's the quality of the home and it's the quality of the development that they wouldn't have had to have done absent that bargain between the city and the developer. So, the lots are small, the houses are 300,000, which is not on the high end. Um, are there's going to be more? I guess I appreciate you telling me what

I thought I understood, but that may not be the case here. I wanted to know what's going to be in these developments that are going to benefit the public good that is worth the risk of us doing the bond.

Okay. Well, I I think the question has an assumption that there's a quote unquote risk. Um, these are nonreourse bonds, so they never go back to the city. If the worst case scenario, something happens, nobody ever goes to the city. It's never come back to the city for any recourse. It never hits your general fund. It never hits anything. So, that's it. It's not a risk to the city. The question is what benefit does the city get from this that it wouldn't have gotten otherwise? That's your question to me.

The two the two lot the two if I read your slides right it adds up to 200 and some thousand per development annually which would be 500,000 which seems or close to it which seems like a good benefit but there's going to be costs to the city for all of that and some of the houses may not sell. other PIDs that are PIDs have houses on the market a lot longer than other developments without PIDs and because the extra cost. So you're we're paying our citizens are paying 38 cents. They're going to be paying 98 cents and 99 cents for 30 years for $30,000 a piece per home. And some people don't aren't able to absorb that easily. Um, and I just wanted to try to do the best I could for the citizens as well as the city. 400 plus thousand sounds wonderful. Um, but we're going to have labor costs. We're going to have staff costs. We're going to have contractor costs. And maybe the offset is positive. Um, but the, you know, the actual bond, we have a huge we have a lot of bonds unfortunately already. And to add another one to it,

can you answer that? Yeah. Concerns me. I I would love to jump in. I want to jump in answer those questions. I think maybe I'm in a better position than Robert, but I do want him to answer the PD question. So, these are typically done with PDs and that's kind of like if you're going to do a PID and they're going to work with you, they can just sort of bypass the zoning process, which can be slow and slow things down. So they're most kids are done with a PD, a plan development where you get all your zoning entitlement up front and you don't have to go through the the process.

And that was the case here. The standards, the lot sizes, the home sizes. I mean, I can't speak to the exact value of the homes because that can't be regulated by the government. But the size of the homes, the materials used for the homes, the size of the lots, those are all determined by the development standards that the developer and the city negotiated and bargained for and agreed to. So, this wasn't something that we imposed on anyone. This was something that we worked with the city to

with the understanding we're we're doing a negotiation. We come to an agreement. We know that this is what you're going to put. And in exchange, we're going to do an assessment. We're going to allow an assessment on this property in order to help pay for this development so that you can do what we both agreed to and bargained to. Absent that, absent doing that, number one, this territory would never have been annexed into the city because now you can't even annex property into the city involuntarily. you have to have an agreement and a negotiation between the property owner uh and the city in order to have it come in. So then the question is what does the city get? The city gets an agreed to negotiated set development standards that I mean I thought the city was happy with and agreed to do that in exchange for a certain level of investment that the property owners are assessed to help defay the cost for doing that. And so that's the bargain. And what I will say is absolutely 100% this is not advocacy. cities get more sustainable developments within their city limits as a result of this. Now, you may be saying, well, this is a certain amount of value. I wish it were higher. But I can guarantee you that that cities that don't do PIDs and don't bring them into a city through negotiated extr territorial development agreement have areas next to their cities that are much lower in value and much less sustainable. A good example is uh Travis Ranch. That's a mud uh that didn't come into any city limits. I live in Mosqu. I was on the council for 4 and a half years and um there is what what what's that

big development there on the south of that? Do you remember? Do you remember that one? Is that Heartland? Anyway, that that has 20,000 homes and it used to be in the extr territorial jurisdiction of Mosquite and they said we don't want to bother with it and so they built a huge multi-layered uh utility district and those are 30 and 40footers

and the value of those homes is 140,000 120,000 because the city took its hands off and said we're not going to come to any bargain. We're not going to come into anything. And that's the result of not doing that. So this is a bargain that we do. We try and enhance the value of these homes as much as the market will bear, but also to provide the city with a a a very sustainable development that you will receive the tax benefit from. And I think these guys would tell you, and I won't speak for them, but that this is going to be positive for the city and flow. This doesn't take any money from your taxes.

Correct. 100% of what your ad will learn taxes are from those homes come into the city. So, it's paying for those services. This doesn't redirect or or have it go in any different location. You're getting 100% to pay for those city services. And generally speaking, the benefit of services to tax value is 50 or even 40% for a home. So, these homes are going to be paying for 60, 50, maybe even 70% for other services that they don't even benefit from by doing this bargain that would never have occurred if it hadn't been uh annexed into the city and a bargain that we all thought we were happy with had occurred. So, that's the exchange in value. You're getting a good, solid, viable development within your city limits that you can regulate. In exchange, we get help to defay the cost of development.

Thank you for all your positive aspects. I do have one last question, though. Um, go ahead. What cities have you worked with in all of your 75 developments? Um, successful developments, I'm sure, that had um sunset clauses for lack of ability to reach milestones. We sunset clauses in in the pits. So if you don't meet milestones, they can be cancelled according to my understanding of law. So is can you tell me a little bit how that works?

No. Yeah, that's not the sunset clause because the pit is not a its own subdivision. It is a a line on a map that's regulated still by the city council. So there's not a dissolution of the pit for those specific milestones. the the phasing is is specifically how the city really regulates that typically in what we see is that this is a portion of the development that's going forward right now. There's another portion that's coming in the future that'll come back in front of the council again for just for additional discussion direction.

Okay. My understanding in Sherman, Texas, and maybe my source work is wrong. In Sherman, Texas, there was a provision that automatically dissolved the PID if specific milestones such as grading, construction, and approving the service and assessment plan are not met in a certain time frame, which could be a couple years. Yeah. So, so that would be typically before you levy assessments. Once the assessments are levied, those assessments now are running with the property and will run with the property throughout the life of that until they are paid off. Correct. So the the sunset provision specifically would apply. The only time that is ever applies is prior to this time gets going. If this thing doesn't get going in one, two, three years, we're calling it off. But once we get to the assessment,

it's there's no going back. I appreciate that feedback. Thank you. That's that's all I have. Absolutely. Thank you.

Um if I may. So you know, again, we represent the city. I was I'm a bond lawyer. Jordan was a bond lawyer. He's on the he was one of my competitors and now switched over to to doing this and and that tells you a lot. I used to go around I still travel around the state helping little cities get a water project uh police station, water tower, fire station, school buildings, all that. And then starting in about 2017, you know, I start doing all these pits and I, you know, so I'm now I'm helping developers, God bless him, make more money, right? Uh, and you know, it was 20% of my day, then it was 40% of the day. Now it's 60% of my days. Well, I don't have a whole lot of days to help uh to do what I what I was trying to do. I'm doing PIDs. Why? Because my clients desperately want them. Um, you know, right now we, you know, I I've done maybe 20 25 PIDs. I don't know how many Jordan has done, but I've negotiated 50 development agreements, and we're fighting tooth and nail. They're fighting for 30 foot lots, 35 ft lots, 29 ft streets and abs in a pit, that could be very well what you get right there. And your footprint is small, right? So,

um, when I first started doing these, I was very aggressive. I was I was very defensive of my clients like, "We're not doing that. No, we're not doing that. We're not doing that." Just push back. These dragged on. And over the last 10 years, I can look back and I can see my clients, some all around you, the ones that did do the PIDs, they have these massive tax bases and they can fund a $100 million wastewater treatment plant with no impact to your tax rate are actually lowering your tax rate. The entities that just refuse to negotiate, they just they they had a reputation. We're not even going to talk to that town. They're a pain in our butt. They're not going to work with us. Let's just do a mud. They have a tiny little tax base. They got 5,000 people. They got 40,000 people all around them. They have absolutely no mechanism to fund anything because they have no tax base. All these people that live around, they go, they tear up the streets, they tear up the roads, they use the parks, they call the police, they call the fire, and the city gets no benefit. That's what I have witnessed. And right now, I think Josephine is at a very critical crossroads. I mean, just looking around, right? And a lot of my towns, they struggle with this. We want to keep it as a small town. We want to stay a little rural small town, a little cute community. And the fact is, you don't you can't control that, right? If there's developers coming in, they're going to throw down 40,000 houses around you. It's happening. There's nothing you can do to stop that. So again, this is just my opinion. dumb dumb attorney. But the best you can do is try to incentivize it and try to shape what that growth looks like so that you know you get something better. You start getting the community you want. You know some you know I have some cities like we want to do no pigs unless we're talking 1acre ranchets. It's like dude you're that's not that is not the demographic here that there's no market for 1acre ranchettes in your city. I'm not saying about Josephine, but you know, just anywhere. You know, the

market is kind of be what it is. And again, that's you know, Dr. Sardo, that's just my humble response to your your concern. I get it, but the the the what what does the city get? The city gets to tax the snot out of these homes. They might be 300,000 now, 400,000 now, but 10 years they're going to be a lot more expensive, and you get to tax them forever. So what the city got out of it from the initial negot negotiations was we don't have a mud right next to us because that's what it was going to be in those long 6 months of negotiation going from a mud to coming into the city limits and being a pit. That was the whole time we spent negotiating.

Let me ask let me ask a question on that, Jason. If if all of this would have been discussed as it's coming forward right now, we probably wouldn't have these questions. It was discussed. It was discussed years ago when it started meeting was Bill was going to put in $4,000 per lot or whatever. We were going to get that money to start with. Has that ever started? We did. We did. We received it all. Okay. So, we've received that for the 215 houses or the for the 415 as well. So for all of them. For all of them. Okay. So where is that money? Is that in a PID fund? It's in the bank. It's in the logic account where it's safe and interest.

But it's not in a separate PID fund account. Shouldn't we have that in a separate PID fund account? There was no at public infrastructure. So the PIB is public infrastructure and unlike where the mud those streets and utilities um well we own the utilities and the mud the streets are are are theirs private. So these become everything in that public improvement district becomes city. So the drainage the streets uh the roads.

So that money's in the logic account. I've just got to get this straight to my head. The money's in the logic account but whatever that piece of it is still there. So as we go forward with this PID, we could dump it into the PID fund or whatever the fund. It'll pay for our utilities. Yeah. Separate. It's a separate set of paid outside. So it would be a fund for separate utilities for this. No, it wouldn't. Is there any limitation on contract and what the city can use that money for? We we've used it for utilities.

Yeah. So that that's that's more than most cities get. some cities. I'm going to call it a pit fee here. We didn't call it expressly a pit fee, but it's a pit fee. You get cash, you can use you want and just use it for and see. It was my understanding that was going to go when this happened, it would be happening for the PID. And so, yes, we knew that there was going to have to be more sewer added and we've added sewer and we got the bond for that. And then we just did another bond because it evidently went over cost and so we have to do that. And so that's why these bonds for special assessment

bonds, it's it's confusing because when I did my research, it was for like parks and trails and this and that. Is there anything in this bond document that's going to say this is only for this area and it will not come back and attack these taxpayers? Absolutely. That's what I want to see before I say yes. The the the way I explain it to clients is that 20 years ago, a developer came into town, they put down streets, they put down water lines, they put down sewer lines, they put down sidewalks, maybe a pocket park, a retention pond, and then they dedicated to the city. And that's how they just here it is. It's free. It's yours now. You own it now. Now it's your burden to maintain.

They don't do that anymore. Now they get a piece of property against your city limits. They and they ask the city say, "We'll build all this if you issue bonds and buy it from us." All right. So it it you're reducing their cost of building these lots. And and the again the quid proquo is your um um hopefully getting better design. You know, bigger lots, bigger streets, and biggest thing is you're getting them inside your city limits as opposed to right outside your city limits. It's it's going to be hard for me because when I was on planning and zoning and we did not want the pit even though it was all explained and basically because of what it cost these homeowners we we had a member that actually couldn't wait to get out of his pit to move somewhere else and we didn't vote it in but the city council did overrule on that which is fine. Um, that's what you do. I just, you know, just want to make sure that the taxpayers I just want to see it in writing somewhere and see a flowchart. I'm big on flowcharts. I think I said that the last time when we had this conversation. That would be really nice to see to explain to citizens how it's not going to affect you when we did this.

Absolutely. And really the assessments are levied only on the properties in this this neighborhood. assessments are levied on each individual property. Yes, sir. So, if they don't sell So, if they don't sell, who get does the he paid the the the owner of the property at that time would pay? Uh that would be the home builder, which in this case is the same the same. Okay. Yes, ma'am. And the the bonds to be secured would be from those assessments as well. So, that they would not they are not a general tax. They are levied specifically on these homeowners that are only collected from that property. So there's no document anywhere that says the developer doesn't have to pay that assessment because originally they were left out of that. I believe

uh that yeah that the assessments are levied on the property and so the owner of the property of record is the one that is statutoily required to pay that. They run with the land. Whoever owns the property they're liable. Okay. So the developer is going to pull the permit and we'll do the assessment at the same time. The assessment comes after the house is built. Correct. The form.

No, the assessment is coming right now. The assessment has to be levied on the property prior to the time there's a homestead or else they would be subject to the homestead exemption. So, the assessment is levied at the pier in order to acquire the infrastructure and then the homes that are being purchased. And that's another key feature of of one of the legislative updates is that now as soon as a homeowner comes to purchase a property, they are required by law to get notice of the assessment. They are also required to get notice of the assessment prior to the time that they close on the house. So they have to get that twice. Uh that's a notice that is statutoily mandated. So anybody buying a PID or buying a home in a PID has to get abundant notice of that assessment. So, these homeowners are actually going to come to the builder and say, "I want to build on this particular lot." It's not like Dr. Horton that goes in and builds all the houses and then sells them.

Uh, is that the difference that I'm seeing? Not necessarily. That the homeowners will the home builders will be building the homes and will be selling those homes. Okay. At at the home buyer comes to the developer and says, "I'm purchasing this home." And as part of that process, they are required to receive those notices. Okay? So, it's not a custom home setup. It is still the homes are still being built, but the assessments are on the property and as Ruby said, will run with the property throughout the life of that that property. So, whenever they come to buy it, the assessment's there. Assessments on the cost of the development. It has nothing to do with the frame structure of the home.

So, that's why it's done prior. It's you're paying for the development. And so right now the plan would be we'd put the assessment in place April 13th and they cannot sell lots until that assessment is down and reported. And if there's a they sell lots they they'll start they'll be run for 30 years 30-year payment. So they'll if they haven't sold all those to the extent they haven't sold all the lots by next spring they'll have to pay the assessments on those lots. that there's a slowdown and they don't sell a bunch of lots until 2028, the developer, the land owner will be stuck paying those assessments until uh a end user is in place.

If the buyer comes in and says, "I don't want to pay that out for 30 years. Can I pay that up front right now?" Absolutely. And that is one of the one of the key features of assessments is that they can always be prepaid at any time. Okay. Yeah. Unlike a tax from a mud 90,000 I mean Well, I mean 90,000. Any more questions on the besides I mean I will say we have Mr. Jim Sabonis Hilltop if if you all want to hear the presentation.

I I guess my last question is instead of a tax equivalent rate of 99 is there a negotiation to make it lower like 70 so instead of $3,000 it's like 2500 or something like that. So instead of $250 a month it might be$175. We'd have to look at the documents and see exactly what the limit was. So generally the city and the developer agree to a cost like these are the this is what the cost is going to be for this infrastructure on these number of homes and whatever that cost is we're going to levy the city has agreed to levy assessments to fund that cost subject to some protections like a value to lean ratio um a not to exceed tax rate equivalent. So is that a max is that

it was set in at the time of the reimbursement agreement uh which was approved recently that there was a 309 overlapping tax max. All right. Thank you. But they'll still see their other city tax as well. Yeah. Yeah. The way the law says is that these assessments are collected just like all other property taxes. So five things on the tax. Thank you. Do we need any kind of motion on this to move forward with the planning or I put it down as direction just a direction direction to move forward with plan of finance. All right, we're ready. Do we have a motion?

Yeah. With a plan of finance. I'll second the votes, please. And that would be for Morning Side and for Morning Side, right? Yeah. Morgan Farms is next, right? Which will be the same discussion.

Unless you like that presentation. ask one more question before I vote, but I can't, so I won't.

All right, motion carried. Next item 4.2. This is a presentation from Hilltops regarding the plan of finance for the city of Josephine special assessment re revenue bonds series 2026 the Morgan Fonds Morgan farms public improvement district project and provide direction to city staff. So we're going to do the same thing. Do you want to do the present? I don't think we need it. I I don't think we need the same conversation we just had just for more than farms instead. I think we're looking we're looking for a motion to move forward. Make a motion to move forward with the financial direction. I have a second.

I'll second. Send the votes, please. Still going to go play.

All right. Motion carried. Next item. This is a monthly engineer report from Dunway. Thank you. Yes. Good evening, Mayor Council. Jacob with Dunaway. Um, so a few things on development review. We, uh, we had a meeting last week with the Dear Horton team, specifically on capital improvement projects and developments. Um, I got a little bit more of an update on Wildflower, um, after I had submitted this to you guys. So, the latest update that they provided was just they're still kind of in a holding pattern. um really not expecting potentially movement whatsoever until maybe summer. So, their home sales are still a little bit slow. They have what they consider good inventory still to sell for their developments. And so, they're not in a huge hurry to break ground or do much on wildflower uh given the state of things right now.

We've got Morningside. Oh, do you have a question? No, no, I just clear my

Oh, sorry. Sorry. Uh we've got Morningside phase 1A on the council agenda here in just a little bit. We got everything cleaned up per our previous city council meeting. And then we've got Morgan Farm still working through a few different items construction wise and hoping to get on P&Z for their conditional items hopefully pretty quickly here. Regarding projects in either engineering design or construction, a few key things. Um there's a few things I'm going list on here that we're actually going to probably present to you guys at the upcoming workshop meeting just in more detail. Um on the north wastewater plant, we've been working with the city operators to potentially do some alterations with some of the equipment just based on efficiency and how they run the plant. And so we'll be bringing you some more updates on that pretty soon. The discharge permit for the North Wastewater Plant finally got some movement from TCQ. Um it was in a I considered an odd holding pattern at what they called the SA. Finally got kicked back down to TCQ. Um so that one is moving forward back in their hands again. The um let's see here. I think I gave a pretty good update on the meter vault improvements last month that are still in construction moving forward. The 12-in gravity sewer line. Um, we met with the contractor last week to discuss final cleanup cuz the roadway still needs to be repaired. And so what we've noticed with the various sewer line projects and the road repairs specifically around the school is that they take a little bit more effort. And so we're trying to identify if there needs to be some overages to make sure those roadways are brought back up to city standards. So, we're working to see if there needs to be any change orders potentially. Um, getting quantities and some good pricing to make sure that we don't have any problems once they're

finally done with everything. Sewer is installed and in service. We're just trying to finish up the roadway, get all that buttoned up. So, hopefully we'll get some final numbers on that pretty soon here so that way it can be wrapped up and move forward. And then the very last item, the ground storage tank improvements. Um, gave some rough pricing. This is another one that I think we're going to present to you guys at the workshop meeting and really kind of discuss some of these water system improvements that the city has really been discussing for some good time here, specifically at both pump stations. So, we've got some numbers that we'll present to you guys, including what's driving those improvements and kind of alternatives if the city wants to move into a different direction as well.

Question. PS is pump station pump station number one and pump station number two. Yes, ma'am. And where's the location of the uh North Texas water meter vault improvements? I was just curious. I was like I didn't know where it was, so I'm going to ask. Yeah. So, your pump station number one, which is about 5 miles back towards the west, um not quite to 78. It gets all the way over there. That's where the North Texas 78. Not not that far. Just just the other side of it. Okay. Mhm. It's a good bit away though. Okay. Any other questions? I do. Um the north wastewater treatment plant

um city funded, is it only serving the city residents or is it serving outside the city residents? At this time, it's only serving potentially city residents. and the intent for services. It's going to have capacity where you guys can make that decision if you want to let other services come into there. Okay. Um if we did, there would be, you know, some kind of fee. They're not just going to jump in. Like if a development comes in, they're going to pay a they're going to pay a fee. They could negotiate whatever you guys wanted for them to come in and utilize y'all's capacity. And because you're awesome engineer, do you have any ideas about helping to mitigate the odor currently

at the existing waste water? Yeah, I was I was hoping there could be charcoal, more chlorine, more chemicals, something more irration, add an airator.

Yeah. Yeah. Um for your existing plant on the north end, um I'd have to do a little bit more diving to see where it's coming from. I know for the magnolia plant, we did some extensive research to kind of pinpoint where things are coming from. So with those improvements, we are including some of the odor control measures. We hadn't done a much of a dive on the north plant because we knew the existing operation was going to be abandoned and the new improvements will have the odor control measures. And so if if it's the decision for you guys to kind of see, well, can we do some temporary stuff at the north plant, we could talk about it, I can look into a little bit more. Um, the lagoon's not ever going to go away. Are we going to drain it?

Yeah, it is eventually. So you wouldn't It'll slowly sediment, you know, it'll be a sediment. It's all it'll be. The the odors will go away. Yeah. So for the lagoon system, it won't be operating the current way that you use your lagoon. It'll just But I mean it would be like maybe for wildlife or something or will it fill up with water? Well, the city owns that whole plot of land. And so the intent could be y'all fill them in and continue build out of the wastewater plant if it needs some more phases. You could do something else with it if you wanted to. Uh it's really at all discretion kind of what you want to do, but it won't be an operation in the way that you see it currently once the new one okay

is online. Thank you. Any other questions? Make a motion to approve the engineering report for January. I'll second. Well, February. February. My my PDF still says January, but it's the February. That's okay. All right. Okay. Waiting. We have a motion in a second. Did Alex? Yes. Down there. Oh, here we go. Oh, take it back. Did you do a boo? Would you like me to change your vote? Yes, you're allowed to change my vote. Sorry.

We are human, aren't we? Some people would think

why don't we vote the oldfashioned way for the rest of the meeting. That be all right. I'm in. It's hard. I make a motion, but we do the rest of it. That would be best.

And then just real quick before the next item, Jane, if you could bring your microphone to you when you speak. And same thing with you, um, Pam, too, please. And the mayor, if you could back off yours. No problem. It's giving bad feedback. Thank you. All right, we're moving on. That motion's carried. Item 4.4. What? The red light when it's on on that mic, does that mean it's on or off? Means it's on. Okay. Thank you. This is a monthly engineer report from Kimley Horn.

Good evening, Mayor and Council. Um, I'm going to touch on the projects we have going on right now for Greenville Avenue. Construction is in pro progress. Um, we just recently reviewed RFI number four and change order number four and sent back comments. And we're also working through just submitts that they're sending, rebar and concrete. Um, for the unified development code, the focus group meetings were completed in January. The online survey closed I think on the 30th. Oh, it extended. Okay. Just kidding. It's extended. Yeah.

Okay. Um I'll let Miguel talk about the UDC. I'm a little behind on it. Um and then we also just kind of as a general engineering, we have a meeting set up with city staff. There's a TWWDB water infrastructure grant that's opening in March. So, we're meeting with the city to talk about projects that we can try and submit on that for um so really excited about that opportunity. Um current reviews we have Sonic, we recommended approval of the construction plans this past Friday. They've addressed all comments. The 610 East Cook Street review we completed last Tuesday. There are still some drainage comments that need to be addressed. So, not too many left, but they do need to be addressed. So hopefully this next one will be the last one.

Um and then we have a site plan exhibit review that Miguel just sent us today that we'll be taking a look at for a property on Milton Street. Questions? Can you repeat repeat that last part? Uh 520 Milton Street. It's just a site plan exhibit. So very high level before they really start diving into design. A quick question on the IPO number four. I was going to ask this last month and I didn't. What's the additional growth within the city boundaries? Just to refresh my memory. So when we did the master plan, it was adopted in 23 I think it was. And so trying to figure out what we added since then,

but there's all the muds that have come in. Like Riverfield, I don't think we had included. um they may have been in a little bit, but like wildflower was still new, but there the muds to the south are additional is additional growth within the water CCN and the sanitary sewer CCN. Um and so just trying to so even though we knew about those and we knew that they were there or going to be coming, we didn't include them at the time because we've known about Riverfield since 2021. We didn't know who we're going to work with and who we're not. I mean, for mud threes and four and golden barn, for example, we still don't know, you know, if we're going to serve them or not serve them. We're still talking, but we'll include them in this next round.

Well, I think that's what Elizabeth and um the rest of staff needs to talk about. Um we may want to hold off on some of that until we know a little bit more further down the line. That's kind of why it's sitting in the hunt three was like to be determined in the comprehensive plan. So, I mean, it's it's been out there. So, just curious. Thank you. Any other questions? I have two quick ones. Go ahead. Um, regarding the cook, our favorite Cook Street. Um, social media exploded and there were tons of post, well, a lot of postings that a card was on the building saying everything needed to stop. Was that a joke? Was that fake news?

No. And we can handle that on the city's side over here. Um, Patty, you want to explain the permitting? We have explained that we need finish out permits for each suite. We have the plans for each suite, but they still have not applied for finish out permits. We don't have all the contractors. I'm you have to apply for a permit for each individual deal and they did not do that. I've asked for the tenants to call me directly and I think they're they finally understand what we need.

Okay. Thank you. Um, so is there going to be additional signage like with city letterhead verse because what was posted online was a typical that's the building official typical when you put a stop they understand what it is. Any builder developer sees the red sticker up there it tells you cease and desist. That's city. I mean most cities do that. You don't have to put a big billboard. They know. Okay. Thank you. My last question is you said there were results of the flood study. Are you allowed to say what the results were? There wasn't a flood study on this property. No, no. In your report, sorry. Uh, somewhere in there, uh, I don't think I'm 703 had a flood stud.

There was a flood study. So, can you say what happened with that? We provided comments back and had a call, but we haven't had a resubmitt. Okay. So, were they good, bad, unknown, not ready for prime time to talk about? It's they it was a flood study that had included a property that was already developed and now they're looking at this other piece of property. And so, I believe we' ended up saying that we wanted them to separate it out so that it was two separate flood studies. So, they just need to revise the flood study and submit so that it's just that property that they're looking at instead of it as a whole. Okay. But we don't

I think that answers the question. Let's rev split it up. Correct. Does that answer the question for you? I would like to know if the results are They don't have the results yet. I didn't hear that. Yeah. Then that's fine. That's all I need. Thank you. Any other questions? I'll make a motion to accept the report from Kimley Horn and Associates. Do we have a second? I'll second. We're going old school. Right hands up if you vote yes. Brown. Right in. All in favor. Did y'all see that? We want to click it. We can click it.

Okay. Just making sure. All right. 4.5 grant works report and status update. Who's leading this item? Uh, this was Dr. Sardo's request.

Yeah. And you indicated Patty would give a report. We get the report every month directly from grant works what stage they're in connect uh updating information requesting more information and I would like to add something. I've been talking with Grant Works today and if more information is needed I can get you in touch with the correct person as far as Okay,

I'll just read it to you. There was a memo giving the public housing authority 30 days to verify all residents or citizens. As for TDHCA, the department is preparing guide guidance to pass on to participants. However, the city's consultant has always confirmed legal residency.

Okay, that's helpful. Um the the question, the reason I brought it up was because it's been ongoing for years, which is very great to help people. Um, but Dallas was fined over a million dollars for non-compliance. And I simply wanted to know a status update because there was the part of the million-doll penalty in Dallas, which you can see online, is because of failure of the city to oversee the concentr for example, and the qualifications of the construction people, etc. So, I'm glad that Grant Works is handling it, but I don't know what that failure of city to oversee construction and other parameters would come back to us on and I'm just simply trying to prevent any penalty. That's the only reason I ask for it.

We once we get to that point and they get bids, the builders, our building official will see over it and the city will they will recommend the home builder. Okay? But it will be overseen. So, the ones that were done several years ago that have already been built, do we have that paperwork that the construction was deemed good and the quality? Yes, ma'am. It was all permitted. They come in, they they have a builder just like you would a home in Dear Horton or any of these others and that builder builds those homes. We permit them or we they pass or they don't just like any typical construction project.

And this is a two to threeyear program each time. We haven't received the money. The longest part of it is qualifying the applicants and we currently have five applicants. Okay. All right. Thank you. All right. Anything else on that? I think we're good.

All right. There's no action. So, moving on. 4.6. This is a monthly planner report from city planner Miguel. Honorable mayor, members of city council, Miguel Inclan, for the record. Um, it was a relatively light month. Um, as mentioned, the tent submitt was reviewed. Um, comments were sent out today. There's still drainage items to address. uh the Exxon Sonic. We're going to stamp those as approved and begin the pre-construction meeting scheduling for hopefully next week. Uh there's three plats right now. Uh one that's on the agenda tonight. Morningside phase 1B uh won't be acted on by the planning and zoning commission until the FEMA approves the lowmark. Morgan Farms um hopefully can be on the schedule for next week with PNZ. then it'll come back to you in um March. Please uh don't mind scrolling down. If in the interest of time maybe if you have any questions from my report, we can address the questions first.

Okay, it works. I have Okay, I'll jump right in. Sure. Thank you, M. Um okay. Um for CA2504, Yep. the amendment for specific use. Are we going to talk about that further or that's that's the next item on the agenda. It's a public hearing. Yeah. Yeah, it's public hearing. UDC we're going to talk about further. Yeah, there's an agenda item for that. And transportation we're going to talk about further. Uh I don't have an agenda item for transportation per se, but uh we're we're going to follow up on the outcome of the meeting we had last week.

Okay. So that had to do with the north south loop, right? No, I'm talking about the texttop meeting. Okay, that's fine then. Thank you. Um, regarding the comprehensive planning, Nevada ETJ, you're going to talk about that later. Uh, we have not scheduled a meeting with them to find out their intentions and we expect to uh bring that to you, you know, sooner rather than later. Okay. Um that is are you allowed to share any of the development interest like some generic things that have come forward? I believe we have an executive session item and we'll address that at that time.

Perfect. Thank you. Done. Just one question. Any any updates on the 1777 and the uh FM6 red light? Uh when we had a call with text, I don't I don't think they gave us a clear timeline. They they say any minute now. They keep saying any minute. Any minute now. It's been a year of any minutes. I know.

Uh I I do remember now. We did meet with um Colin County. U there's there's some questions that we're discussing about county road 637 to preserve access. Uh we uh Kirk and I are going through some solutions to present to the county. Uh I just, you know, please understand that we're we're they're leading their project. this is their project. Like they they may take our advice, they might ignore it, but we we believe that we might find a solution that meets everybody's needs as best as possible. Um so hopefully I can report more on that at the workshop in late February, if not at the council meeting in March.

Okay, that would be great. And um I I think that is You want to finish your report? Yes, I'm done. I'm done. Thank you. You're done. All right. I move that we accept the planning report. I'll second.

Voting signs in favor. Righth hand. All in favor. All right. Item 4.7. Discuss. Consider and act approval. The final plat of the Morningside addition subdivision phase A consisting of 110 residential lots and three common areas on 23.587 acres. The proposed subdivision is located on the west side of Main Street FM47 north of Hoverard Road. Mayor, members of the council, as you recall, um y'all couldn't act on the approval of this plot last month due to statutory requirements. PNC held a special meeting to uh fully approve this plot and we recommend full approval.

Council discussion, question. It's just the plat. This is just the plat approval. Mhm. Um, yeah. Oh, I my only question was how big are the common areas, but I think everybody's gone. That's fine. So, we'll we'll hold that. They look nice. I just I looked at the map. I just couldn't delineate it. So, um

if it was big enough for anybody to do jumping jacks or run around. Well, the um I believe the developer is here as well. U can you ask? Yeah, sorry. Be here. Uh short answer is why um we have two ponds there as part of the flood basin. Uh we have a trail that goes around it. uh snakes. We have a a playscape as well. If I can see on block M2X

u and what we've also planned as well is is um we're going to stock those pond with fish. We have bubblers in there. We want to to be as active and uh beneficial to the community as possible. Okay, that is better than I could have imagined. It's a catch and release like That's perfect. Thank you. All right. All right. Motion. I'll make a motion to approve the final plat of Morningside edition subdivision phase 1A consisting of 110 residential lots in common three common areas

in the proposed subdivision located west side of Main Street north of Hubard Road. All three. Second. Voting signs in favor. Right hand. Yes. Voting signs against. Right hand. I'll go for it.

All right. Moving on. All right. We will open the public hearing at 7:13 p.m. on case number CA-25-00004 specific use permit site plan waiver. this public hearing to consider testimony and make a recommendation to the city council on a city initiated amendment to the code of ordinance chapter 14A section 25 specific use permit to add a new subsection to read as follows 25.1.2.1- 2.1- The requirement for a site plan shall be waved when an application for a specific use permit is warranted by a change in the schedule of land uses in the zoning ordinance whereby a use formally permitted by the rent is permitted to require specific use permit in the zoning district where an existing use is located. Sorry, I'm pretty sure that was a a long sentence, but that's legal speak for you.

Um, this is uh a result of our efforts to control certain types of uh automotive related uses in the in the commercial zoning district, particularly the gas stations. Um, this is done to ensure that

this is done to ensure that existing gas stations can apply for an SU without having to draw up a brand new site plan from scratch. So, this will only impact those situations where there's an existing use that now they're saying you need an SUP. So, that's that's what it boils down to. This is adopted. I'm going to bring forward city initiated SUPs for those affected uses so that at that time we can finally uh protect the city from more gas station encroachment. Is there anyone else here who would like to speak on this?

No. Anybody would like to speak? You're going to bring back Hold up, please. Oh, sorry. All right, I'm gonna close the public hearing. 7:15 p.m. Thank you. Yes. Now questions, discussion, council. The way this looked like it was written, it would be for everybody that had an SU like maybe in the future.

And is this just specifically going to say for automotive? Because that's what I was thinking it was going to say. So this is to protect people that say you know uh you know we have a say a dollar general and you say dollar stores need to have an SU in the future. If there's like another one then this ordinance allows them to submit for an SU without a site plan. This is to protect existing businesses, not it's not going to address any new business. Any new business that comes in for a use that requires an SUP will be required to present a site plan. This is this is a housekeeping to allow us to protect the interest of existing businesses.

Okay. And I guess I was just looking for it to see those specific businesses that had an SUP. Well, this in this is we don't have those businesses yet. We'll have to bring those SU requests to you. This allows me to bring them without a sight plan, right? But right now, we're just talking about the three automotive types. We don't know of Well, like Margaret has an SU u down the road with the snow cone machine or the snow cone place. You know, everybody has an, you know, there are some other SUPs in town. So, I didn't know.

Yeah. I mean, if you already have an SUP, you have nothing to worry about. This is for people that need one because we changed the schedule of land uses. Okay.

Any other questions? Um, let's see. I don't see the word current business. Is that what is that located in the ordinance instead of Well, it's no because it's it it talks about specific like a use, not not a business per se, but a a land use. So, if your land use was the gas station, which was formerly permitted by right and now requires an SU, then that this ordinance gives them the right to apply for an SU without a site.

Okay. So if there's other entities that come forward such as adult stores or if if those bars or saloons I mean how do does that apply to this process? No, because these would only be existing. It's only existing. It's only existing. All right. That's that's formerly permitted by right. Okay. I just didn't see existing in here. That's what I was looking for. Could we please add the word existing

as I move that we add the word existing to one of these at the bottom of where it says 4.81 existing use is located. All right. Bottom of of the ordinance or the Yeah. On the caption that's the section is going to say in the zoning district where an existing use is located in section what? 4.1

this is this is 251.1 okay so 2.1 but use is I don't for okay it says here for an existing use can you pull it up on there then that's that's fine as long as it's there that's all I need okay thank you yeah it's right there existing Thank you. Thank you. All right. We need a motion. I move to approve case number CA25- Z004 as presented. I'll second.

All right. We have a second voting signs right hand, please. In favor? Any opposed? All right. See 4.9. See, this time we will open a public hearing at 4:20 p.m. for the plan development ordinance amendment farms development standards roof pitch to consider testimony and make a recommendation to the city council on a request to amend the zoning ordinance and zoning map of the city of Josephine. Each being a part of the code of ordinances by amended plan development district single family PDSF number six Morgan Farms exhibit C development standards subsection one specific conditions item D to read as follows. An 8.12 roof pitch is required on the front elevation dominant roof line that is perpendicular to the public street. The minor front elevation, side elevations, and rear elevation roof lines can have roof pitches that range from 4.13 to 312 or 812, including architectural features, porches, and roof valleys.

Excuse me, mayor. What? Could we get a correction on the opening of the meeting from 4:20 to 7:20 in the minutes? Oh, I'm sorry. 7:20 p.m. Thank you. Did I say 4:20? Yes sir. Wow. Okay. Do we have anyone here who would like to come up and speak?

Well, just to present the item before the public wants to uh participate um in the public hearing. This was uh this was at the request of the devel of the home builder who uh has different elevations with minor accents that don't meet the 8 to12 uh roof pitch that's strictly written into the development agreement and the PD. We don't have the authority to grant any kind of flexibility. So they've asked to amend the PD and the development agreement to uh have that flexibility. Um, and that would be determined by the building official at the time the building permits are being reviewed and approved.

Frank Son with Meritage Homes. I just wanted to say kind of why this is why we're requesting this. I mean, it says A12 roof pitch on on on the PD. When we work with other cities, that's typically the elevation you see from the street. We have kind of minor elevations on the sides and the back that are don't meet that exact 812 just because of angles of roofs and how those things work and those scroll through the elevations. These are the elevations we're planning on building here. It allows us to have more variation, allows us to do more on the street. We have a lot more plans that we can offer. It's simply why we wanted to clarify this um this pitch because like I said in typical other cities, we don't like what you don't see doesn't have to be 812. What you see from the plug street has to be 812 and that's what we're maintaining here. So, we're not changing that. We're just want to say what you can see from the street, the public street remains B12.

Thank you. Anyone else would like to speak in the public hearing?

All right, we will close the public hearing at 7:23 p.m. Council questions, discussion. I do. Um I appreciate that that you want variability and I agree. The accents are wonderful to see that makes that each house look unique. Um water drainage for a 412 pitch has a lower slope which leads to low slower runoff. Debris can accumulate and ice dams are a big problem which of course a lot of houses had this past couple weeks. Um 412 is common. I I know that, but it requires more diligent maintenance. Um, which concerns me with possibly first home buyer, unexperienced people that may jump into these homes. Um, is there any kind of medium or any kind of thing uh pitch above that like below the 812 but above the 412?

Yeah, we I mean the 412 is really for the little accents that we have on side. They don't waterproof the home. They don't do anything. the 412 okay pitches for those the rest majority of the the back side elevations are 6 to 12 so we are just as concerned about waters and intrusion and all those kind of things so the 412 is really for the accents okay that's why we just put that range in there good to hear so we have both that's all I have about that thank you and the houses have gutters they all have gutters that would be bad well a lot of you'd be surprised

I know they all come with gutters and blinds and appliances All right. Any other questions? If not, we need a motion. I move to approve case number DEV-25-02 as present. I'll second. We have a second. Voting signs in favor.

All in favor? Okay. Item 4.10. 10. This is discuss considering act to amend the development agreement with Morgan Farms regarding a change in the roof pitch to be considered with the Morgan Farms plan development zoning change request. This is just a continuation. This is not a public hearing. It's literally the exact same change but on the development agreement. Yes. It's just to make it consistent. This puts it on the development agreement. Correct.

This is just for the development agreement. Correct. Okay. I didn't hear you. You have a motion. I'll make a motion to approve the proposed amendment to the development agreement as presented. I'll second. Have a second. Voting signs in favor. All in favor? Item 11, 4.11. This is uh discuss possible action on the current unified development code project and progress. Miguel,

mayor, members of the council, um Miguel Klan for the record, um we are about 3/4 of the way u uh with with the major portions of the project. This project started back in 2023 I think 20 I think it was before then

may have been before then was on hold it it resumed um the reason for resuming it is there's a sense of urgency to um examine our current standards find where there's gaps and find areas of concern for the public um and this is uh the best way to do it um I believe Dr. Sardo had requested an update on the financial status of this project. So the total contract amount is approximately $150,000. Um the amount earned to date is 107 $107,000.

Um so we have a remaining contract amount of about $40,000, but we're we're approaching the tail end of the project. Um I I um we had our very successful focus groups and I thank the council members who were there as well as our planning and zoning commissioners and some members of the development community. Um we uh got some really good material and information from from those attendees and the summaries will be presented u soon. As requested the survey was extended. If you will go to the website it's been completely revamped to improve the messaging. I think that was a big concern from the public is not really understanding what this project really was about. And the key item here is the this final document is a combination of the two documents that shape how the city grows and develops. So, um, now they understand what this I hope they they this this does a better job at explaining what this is so that we can get more meaningful public input that truly helps us shape the the community's vision into this project. Um, do you have any questions or other items of discussion?

Just some feedback from from the session that I actually was in. Um, Kimberly Horn spent pretty much over half the meeting just kind of talking about generalities. Um, and we really only got about to me about 15 minutes of actual real concrete work done. Um, and then we ran out of time and actually we ended up going over time, right? So the session seemed to be a little short to be able to get where we wanted to go for some of that feedback. So we actually another portion of the project was it's called the technical advisory round table where we bring in people who work with it on a more technical basis because of lack of interest and we really don't have a lot of engineers that we work with really that

could do this we could re pivot that time to another focus group sessions with the same focus groups to get a second round of feedback like you mentioned I think the the direction that we need is what are the really high high um the most important items that you want us to address and examine. Right? So, we made a clear landscaping material. We're not touching that at all. Right? If anything, we might add more materials that are currently not allowed and other things that provide more flexibility in design. Right. Um, but if it's, you know, like you mentioned, parking regulations, building placement, those are things or parkland dedication, I think, is the biggest one I've heard so far, uh, for new development. Um, any other question?

No, I mean, that that was pretty much the one of the biggest struggles that I had was at least the focus group I was in, it it didn't seem like people even understood that we had development codes. And the Kimberly Horn people when they're they're trying to pull that out and a lot of people have never even worked with them. They didn't even correct they never even open them on what we had. So it's it seemed like we were we were asking them questions of stuff that they didn't have any answers to. Okay. And they really kind of struggled during at least the session that I was in with how to even answer the question. So it was it was kind of awkward in the in the very beginning of it for quite a while. And it seemed like you and I actually had more of a conversation than the rest of the people that were in the room. Right.

Yeah. Um but I mean overall I mean I think we had a great conversation. Yeah, I think so. Yeah, I got my little chart over there ready to um so u we can definitely touch on that for the next sessions and uh as part of the project it will be joint workshops with the PNZ and city council at least two to to try to work those those details out as well as certain provisions that you say hey place more attention on this. So we we will be re returning to you more often to to kind of find that sense of direction that uh that we as staff also need. Right. Yeah. Looking forward to the next step. Yeah. Thank you. Any other

any other questions for him comments? No. Ditto to what he said. We we didn't finish and I appreciate the having the forum. I appreciate the broad group that was there. Mhm. Um, and like I said before, LC had 800 changes. This this is not going to be overnight,

right? And I mean, you're you're you're looking at a city of, you know, almost 300,000 people and and that's been in existence for for for a long time. And you know, most cities when they have a lot of changes, sometimes it's just reformatting and structuring, right? So we have about just 450ome provisions. That doesn't mean we're going to change all 450 rules that we have. We might add more because we have gaps, but this is an opportunity to keep what works, examine what doesn't and also find out things that we know we need, right? So this is what this project does. Thank you.

There's no action. So item 4.12 let's discuss consider an act regarding the order of a special election to be held on May 2nd 2026 for the purpose of proposition the legal sale of alcohol beverages including mixed beverages for Colin County and Hunt County. So we had a petition I guess and now we need to call an election. I would like to know how to from the uh petition uh wishes of the people um to create an ordinance. Where would we fit that? Um to put guard rails on it like um I have public intoxication data. There's 815 DWIS and 85,000 DWIS in 2023. 815 in this area. So, I I would like to create an ordinance that would put some guard rails on like only allow um in buildings that serve more food than alcohol, no liquor stores, and no bars. Happy to have the margarita with the tacos.

I don't think you can do that. It's not on this item anyways. So, okay. I I Where can we put that in? Not on this item. Okay. in the future. We can address that in the future. I'm just asking because I'm You'll be able to exercise some some rules through the zoning ordinance. Perhaps maybe um only one liquor store within a certain number of feet of another liquor store, something like that. Yeah. You can't set all the other parameters like you discussed though. I mean, you can't police regulations. Okay.

Exactly what it says. Your right to regulate is severely limited by the alcoholic beverage code. In fact, it's almost non-existent except for these distance requirements. There are some some flexibility on hours on some uses, but uh this is a mixed beverage and everything all and it's that the the wording of the ballot is directly from the alcohol beverage code and you can't vary the language of it either. So, okay,

was by petition by petition. So, uh I think the code says you shall call the election if you get a petition that's in correct form. Uh so there's no discussion necessary besides make a motion. Okay. Trying to learn. Thank you. I make a motion to call an order of a special election for Colin County and for Hunt County on May 2nd, 2026. I'll second. I guess we have to uh we have a motion in a second. Voting signs in favor. Well, if we don't call on the election, I guess voting signs opposed.

We have to it's a we don't even understand why this is on here because the petition allows it to be on the record. We Well, we have to have a record of calling the election. Yeah. 60 days the petition is circulated and the council has to call the ele or call the election, but there's no way to deny it. So, it was a voter. Yeah. So, I didn't because I I have to call the signatures from the mayor. Okay. Thank you so much. And we call it so that way it can be covered and we can Is it a roll call? Yeah, mayor. I mean, uh uh Rob, we don't have to sign it. The same thing as a roll call.

Okay. It'll it'll go on the ballot for May 2nd for Hunt County and Colin County depending on the result happen next. All right. while we move on. You can do that discussion and possible direction to staff regarding the 2024 water conservation and water resource and emergency management plan as related to required notifications, variances, reports, and change of authority. Kirk, mayor and council, I believe this was brought up by Dr. Sardo. What kind of guidance would you like to ask?

I think you're going to have to speak up a little bit, Kirk. It's not It was on. It's too far away. Okay. So, um, thank you. Um, I appreciate the email that Lisa sent me. That was very informative. Mhm. Um the on page 299 of 330 in the packet, it says um that the voluntary um something about the voluntary saving quantifiable amount in a defined amount of time. Do we have any information about what has been saved with our water conservation? Any data at all? We do not.

Okay. Can you share that at the next meeting maybe? Um I can tell you that uh we implemented well let me first start by explaining that the way TCQ has the water system structured the water system official is your public works director which is Gary Jackson. The executive authority is the mayor because he is an elected person. or she I'm sorry to interrupt. We can't hear you. Can pull it to you. I can't hear you. It's okay.

So, those are the two authorities that uh do the notifications to and from the interactions, the paperwork, etc. with TCQ. Um, North Texas will initiate the drought contingency plan if there is a natural disaster.

Okay. The conservation plan is exactly that conservation. North Texas asked that its member and customer cities follow the guidelines that we have adopted. They set the times that they request that watering on certain days and times and we follow those. We have gone an extra step and implemented an education program to help ourselves. They monitor um the consumption versus usage from what they send us by a report that you can see on here. You can go online. It's in uh the appendix D report that is generated yearly by Garrett Jackson. It is referred to as the conservator or he is the conservative coordinator and that is the report. Essentially what they want to do what they're doing is they're seeing how much water is going out to each system. So then that is reported to the water development board so they can see where the majority of the growth is in the entire in their entire service area so they can do their planning.

Okay. So essentially what will happen is when Garrett does the reads, that report will compare those reads to the sales. Okay. So there's a lot of information he has to compile and send out to each state. It's not just North Texas, there's state agencies as well. Exactly. And he looks so calm. Well, he's been doing this for many years. He has a lot of practice, him and the billing department. Kudos because there's a lot of information they have to they have to go back and dig out for the past year.

Okay. So on page 299 of 330 um saying that there should be a quantifiable amount and a defined amount of time. We don't have that per se. Okay. Next question. Um, one of the contingencies for changing the stages is the water demand is approaching a level that will cause a reduced delivery capacity for all or part of the distribution.

Um, I do understand that um, in the middle of the night it goes down because people water their yards. Um, and we are making arrangements with another city in some cases. So that in my opinion as an uneducated person is that that is water demand approaching a level that would cause reduced delivery. Is that different in your mind? Yes. Okay. So it's not causing a reduced delivery capacity for us to need water from another city. That is correct. It is not.

Okay. Um thank you for teaching me that. um on the water resource management stages. Um have you given any reports to TCEQ and North Texas Municipal Water District based on the management stages? We have had one incident in this water system with the drought where they and the state had initiated the drought contingency.

Okay. So we that is a directive that comes down from them to us and we have to follow that as per Texas state code and the law. So we have to initiate whatever drought contingency stage level we are in whether it's 1 2 3 four being the worst. Uh in the past we have also self-initiated a conservation measure which can be triggered by you know an active nature or somebody has you know damaged your transit whatever the incident is the city you know will initiate a conservation um notice and plan of action and we have all the um we have all the stepby-step criteria You know Garrett will initiate he notifies uh the city administrator. It go from there they make a notification to TCQ. He also let the executive authority know what has happened or what is going on and what direction is advised for the system and the citizens.

Okay. So, um, what I think I'm hearing you say is to move up or down a stage is considered voluntary, but I didn't see voluntary in the documentation. We did do one voluntary, you know, and I'm guessing I believe it was two years ago and that was when we were having tremendous growth and tremendous demand and there was some issues with supply and demand. Okay. And my understanding from Lisa is that we have not given a variance to anyone. No.

Okay, perfect. So, um, also it says that the city manager may decide not to order a termination of the water resource management stage and until the last meeting I was unaware of that yes stage change.

Yeah. And that is something is triggered initiated by your water official. Garrett coordinates and lets Lisa know because obviously Lisa is our manager and the liaison between the community and the council. So every action he does between him and you all and TCQ obviously she has to be aware of it. So it's something is triggered by your water official. Okay. So, thank you for clarifying um a lot of things um

that were not clear to me in in this management stage plan. Um I would like to move that we add one council member, anybody to the decision making um anywhere where it says that the city manager is listed for the emergencies. So, I move that we accept your report um and add one city council member to the decision making.

That's your prerogative. The only the only thing that I would caution is that if it's an absolute emergency, as obviously that's what these are. If she cannot, he cannot get a hold of the council. He cannot wait. It doesn't have to be all council. It could be any member at all. Um, I will share that during the last event, the mayor was probably up here every day of that week monitoring the situation with us and actually made the final call. I'm just a sign off on

Unfortunately, that's not how it's worded in the documentation. and you are listed as the sole authority in at least eight places. I'm happy to entertain a change. I do think that North Texas Municipal Water District and TCQ might have to approve any changes we've made. Great. Because it's already I'm not arguing. I'm just sharing. Yeah, we're not arguing. But I'm going to suggest that we continue to keep it as is. And we we select on how are y'all based off of Phil's wonderful work history. whoever makes the decision.

Yeah, you guys are making decisions. So, we're here to oversee those decisions as you guys make them. So, there hasn't been any history of to my knowledge of any bad decisions in in such a case. So, uh I'm fine the way it is. I agree. Thank you. I agree with you. Okay. Unless you want to micromanage the staff and run them all off. I mean, more power to you. I'm trying to micromanage. Oh, you definitely are. You don't have a water license. You don't know anything about the water infrastructure. You're going to be trying to get filled in as the emergency's happening. I didn't mention my name.

It doesn't matter. Any council member up here besides myself. I do have a background in it. Obviously, I don't want to be on it. I think it should be staff making those decisions. And those before they make the decision though, it runs through me. Okay. Well, can we please add Okay, I've made a motion. I'm happy to amend the motion to say staff and the mayor, but you're not just going to be able to make these changes. Everything goes through T. There's TCU runs the game. Like they they're in charge ultimately. So, you're going to have to anything you amend is going to have to go through them as well. Okay. So,

I've made a motion and I've amended the motion and my name is on there with TCU. Okay. as the mayor. I didn't see anybody that takes this position in the future, your name will be on there. So that person ultimately bears all responsibility for the decision making in their in their eyes in this document. No, it's not. He's the mayor is actually listed as the the emergency coordinator, right? It's I didn't see that. It's not in any of these documents. I'll forward you all my emails from TCQ. Okay. Any other questions? I've made a motion and an amendment. If there's no second, that's fine. If there's a second,

No, we can run your motion. That's fine. I'm just saying I I'm just saying I don't I don't like the path that you're going as far as just trying to micromanage. I'm not trying to micromanage. I would second the motion because it's going to be y'all's part of town is probably going to be affected. I think you would like to have somebody. All right, we have a motion. What is the motion? Can you state what's in the motion?

Yes, sir. I'd be happy to. So, I move that my original motion was to add a city council member. I amended it to say based on the wonderful discussion we had that it includes city staff and the mayor based on your understanding that you're already there in the process and the statement that you're already there in the process. So, I move that city staff and mayor be added to the places where it says city manager has sole authority. Can you clarify that one more time, please? Just so you want city staff and the mayor and the mayor

in addition to the city manager. And that would be delightful. So, basically how we're doing it, you just want it on a piece of paper. That would Yes. And I would second that. That way we can see it and the All right, we have a motion. Do you have it? You good? We have a motion. Second. I second it. All right. Voting signs in favor for the amendment. Voting signs opposed. All right. Thank you. Thank you very much, Kurt.

I don't even know. Get back up there. All right. 4.14.

Okay. Uh, yes, that one's me. Um we at one time hired and we still have a contract with Justin Weiss uh for economic development consultant. Um at the time that we used him, we were using him to um create our bylaws for the MDD. Um I told you at that time that I would not spend any additional funds. I would not hire him for any additional uses uh unless I brought it back to you. Since we are on the cusp of um actually appointing MDD members, I would like to involve him um invite him to create some educational materials and to present when that MDD board is appointed for at least the first meeting or two to kind of get us going. Um Miguel and I both have some experience with economic development. and I'm actually taking some more courses myself, but we are not economic development specialists by far. Um, he is. So, I did speak to him by phone and um we also think that he would be helpful when we talk about u the farmers market proposal, the food truck program or any other economic development related items um as they come up. But for now, we're looking at approximately 10 hours or less for creation of materials and presenting at $150 an hour. I just wanted to run that by you to see if you'd be willing to allow me to um have him for a few additional hours for support.

I will say I think that's a great idea. That way when people are there, there's someone there that's driving that meeting in a specific direction versus people are just coming up with ideas and it's it's actually you got somebody there who has experience and it's just going to drive it and make better use of our time. And I I think as you grow eventually you'll have an economic development director. I don't think we need one just yet. I think we can get by with a consultant, but I do want us to get off on the right right foot. Absolutely. And and we definitely need that with this program. So, and I can continue to bring back, you know, like every every 10 hours or however often you would like me to do to continue that as needed. 10 hours.

10. Okay. Can do. If motion passes, obviously, I would recommend putting some kind of hours in there. 10 something right around there. Not to exceed 10. Yeah. Not to exceed 10. Council, I would make a motion to um have Justin Weiss for econom economic development consultant uh to come work with the MDD for not over 10 hours at $150 an hour. Second.

All right, we have a second. Voting signs in favor. All right, moving on. Next item 4.15 uh the American Rescue Act or ARPA provided a grant for various projects following uh co um all those projects now are closed and we just need um staff needs authorization to close the account the bank account and move the interest gain to the general fund. So we're just looking for authorization for staff to close that account.

I have I have one question on that. I could only find $169,000 where the ARP funds were used. Um I know they were already closed, but on this last accounting report there were 3,000 uh dollars left. So is that 3,000 going to go into the general fund? Is that where it goes? I believe that was interest, but I'll let Melissa answer. Yes, that's all interest. And it the balance is $5,100 and it'll go towards the general. It'll go into the general fund.

Okay. Can we get a list of the projects that were actually used in those funds? Because I went I tried going back through my little spreadsheet and the notes and agendas and I couldn't find any. Yes. My my notes probably weren't that good obviously, but I would appreciate that. Thank you. Are you happy if we email that to everyone? Okay. And my only question is there's no ARPA funding in within the grant works home, is there? because that's not 100% funded. Okay. Thank you. That was for that other stuff for CO. I didn't know. Yeah. All right. I have a motion.

I'll make a motion um to authorize the staff to close out the bank account dedicated to the American Rescue Plan Act funds. I'll second. Voting signs in favor. Ron. Okay. Thank you. All right. Item 4.16. This is a request from Leavon Veterinary Service to have a vaccination shot clinic at the Josephine Park in March. Great idea. Does anyone have any questions or just concerns? Great idea.

All right. Um, yes. We were approached by Leavon Veterary Services. Um, they would like to hold a U vaccine shock clinic at the Josephine Park in March. Um, I mean, typically we don't just let anybody come up and do business transactions. So, we wanted to run it by you first, but we do feel as staff that it would serve a public service. We'd like to have our animals vaccinated. It benefits everyone. So, we just wanted to run that by you and see if that was all right with you. I don't think we have a specific date yet, but we are looking for um sometime in March. Do we have probably March 28th?

Okay. Would there be any liability to the city for dog bites or anything like that? Or does the vet carry that um responsibility? Okay. I figured they would, but I had to ask the question. All right. We have a motion. I'll make a motion to act on the request from Leavon Veterary Service to have a vaccination shot clinic at the Josephine Park in March. I'll second. Voting signs in favor. Okay.

For what? And I

Thank you. All right. We're going to recess the regular meeting and go into executive session. What? I will when I come back. Uh at we will go to executive session 758 on uh 6.1 and 6.2 and 6.3 atoms.

Okay, I will cuz of all the stuff on it.

All right, we will adjourn executive session at 8:25. Well, who we waiting on? Run. Rob coming. All right, I'm starting. We will adjourn the executive session at 8:25 p.m. and reconvene the regular meeting. We will move from 8.1 to 8.2 from the executive session. This is the uh ordinance to abandon an easement approximately 295 acres as discussed in the executive session council.

So I'll make a motion to adopt the ordinance to abandon the easement of approximately 0.25 25 acres located on the Charles Todd survey aspect. Abstract number 923 uh within the proposed Morgan Farms phase one subdivision located on East County uh road 642 north of Hubard. Um do I need any put anything else in there? No. The amount you got the amount of 18,000. Yeah. And it's actually 2.95. Oh, 2.95. What do I say? 2.5. Oh, sorry.

I'll second. We have a second. Voting signs in favor.

Sorry, Rob. We went ahead and started. All right. The next item 8.3, which is the um the board members for the MDD. We are going to leave that open for a few another week or two and then um council will review those applications and come back to the next meeting with uh some candidates hopefully. Okay. 8.4 this is a discuss consider to approve uh the candidates for city city attorney interviews. Um, we had three qualified companies and we're going to uh reach out to them staff and set up an interview process um for council. Um, so do we need a motion for that or just directive? I don't believe we need a motion, do we? Okay. And 8.5, we are going to postpone because staff needs um some more time to go through all the u the applicants that they've gotten. So hopefully in the next month they will come back. So that one will be tabled to the next meeting. Okay. 8.6. This is uh regarding any requests by council members for consideration of items to be placed on a future agenda.

I have one um I would like to put on a future agenda, maybe not at the work session, but sometime soon about the um cemetery fence. I think it didn't really change anything the way we tore down the new fence that looked just like the one that we put up and thought we were going to talk about it at the work session. Yeah, at the work session. Yeah. Okay. Just make sure that's on there. Okay, sounds good. Okay, so we don't need We will discuss that at the work session. All right, sounds good.

Um I have a couple as well. Um, there were multiple social media posts about double billing of the water bills, and I have three pages of printouts of people that said they got double bill, charged $1,000, and $1,500. I already talked to staff. So can can I I would like I move that we have an an update report on the type of water bill errors and how we can minimize those. Um I will say that despite what you read on social media um not everything

sometimes it's banking issues with people who payments have been declined um and they'll try to keep pushing those through. There are other issues. It's not usually a staff issue, but we're happy to bring something to you to explain how we do things if you'd like. There's so many here. I would like that. Thank you so much. Um, is it okay with the council to have this? I mean, it's a third party vendor that runs it, too. So, that plays into it. We need a motion and a second on that.

Yeah, I know. I move that we discuss the based on citizen complaints. I would I move that we have some sort of report on water bill errors and overcharging. Do we have a second? I'll second. Voting signs in favor. And just clarify that's at the March meeting or the workshop March. Um, next

I have another one. Um, because we months ago we voted on the bankruptcy of a drug company providing drug money to us as they were going out of business to every city um to have initiatives to reduce drug abuse and and help people who are suffering. Um, did we get the money? Can we have some kind of update on if we got the money and if we're doing something with the money? I don't think they've distributed any of that yet. At least not at least it hasn't trickled down to us.

Okay. Um Okay, then cancel that one. The next one I'm requesting is for um

Don't make it a question. Make it a clarification of what you want on the agenda, please. Just a straight This is what I want. So, if there's I would Okay, I'm going to take back my request for the drug funding because apparently there is none. I would like to make a motion to discuss if Dunaway or somebody else can help us explore odor mitigation next to the Deberry neighborhood, whatever that entails, um to mitigate the odor, even if it's temporary. um because of the citizen complaints that were numerous.

When is that when is that actually shutting down? Then 27. So less than a year. A year. End of 27. Yeah. It'll stink for a while. It stinks in my house. Well, no. I mean, and they're a lot closer. Pam, you're all right. We have a motion. Yeah. Do we have a second? A second. Voting signs in favor. No, sir. Okay. Voting signs opposed. Any more items? Huh? We got a tie. What? We have a tie. How do we have a tie? One abstain. Abstaining. Okay.

Abstain is a no vote. Okay. Okay. Um, correct. Correct, Rob. No. No. It's an abstain. So, it's a tie. Oh, okay. So, I vote. You vote. I think you break it. No. Okay. We will not have done away explore odors. Um,

my last request is to um whatever I move that we discuss a process to have the possibility of a sunset clause in the PID if construction doesn't move forward in a timely manner. Is that a motion? I move that we ask for a sunset clause in the PIDs if there's not timely development because in our reports we have multiple developments that have not moved forward. There's legal What developments do we have that haven't moved forward? Do we have a second? Liberty Ranch. I would say do we have a second? It's not up here.

Do we have a second? West. Sorry. West. Do we have a second? No, no. I just have a question. Is that going against what's already been currently negotiated and all that? Like, can we do that legally since it's already been negotiated and this is a process? I don't think we legally can do that. I don't think there's any provision. So, which development hasn't moved forward? I'm I'm wildflower. I didn't say P development. There are multiple developments.

They're in the stages like they don't develop overnight. Wildflower is in the future, which development do we have? If you're going to make these statements, at least have some facts behind it. Riverfield is building homes. They have stopped. They are It's just the constant like false statements. Just No, sir. Do we have a meeting? Do we have a motion to adjurnn? I got a motion to adjurnn. We have a second. I'll second. Voting signs in favor. Did the sunset pass or no? No. This meeting is adjourned.