City Council - Regular Meeting

all right i've got six o'clock we'll call this meeting to order this is the regular city council meeting uh for monday september 14th Call to order is now and roll call.

Mayor Turney is absent. April Arand? Here. Jane Ridgway? Here. Alex Esquivel?

Here.

Dr. Pam Sardo? Here. Gary Chappell?

Here. Please stand for the Pledge of Allegiance. 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. Jane or Pam, would you like to do the invocation?

Yes, thank you so much. Heavenly Father, we come to you in solemn remembrance tonight of September 11th. We lift up the families and friends who still carry the weight of loss, asking that you remain close to all of us. We thank you for the courage of the first responders and everyday heroes who ran into danger to save others and still do every day. Please protect all of our first responders, be our refuge and our strength, and help those who do not know you to develop a personal relationship with you. In your name we ask, amen.

I'd like to call up Chief Graham to present some awards.

I'm going to meet y'all in a minute. Y'all just go right over there in front of the couch.

Mayor Pro Tem, council, staff, and visitors, this seems like it's getting to be a quarterly deal sometimes with us. This is one of my proudest moments that I have as a chief of police is when I get to recognize the officers that's done a great job. I won't get into a lot of specifics of the call because of the region, some stuff you'll understand later on. But we received, last month in August, we received a call of a welfare concern in Josephine. When the officers got there, they observed a male that had overdosed on drugs. And they immediately called the fire department to respond. But before the fire department got there, he was not responsive or anything. He had shallow breathing. They did some chest stirrum on him to try to get him alert, which didn't work. And he did have a little bit of a pulse, but he was not, like I said, responding. So they all have Norcan in their car. And they used Narcan on this person, and he came back. And then the fire department had got there, and they transported him. And today, he's alive, partially because of these officers and what they did. So I want to recognize Sergeant Harrison Baxter.

family uh making the decisions they'd like to or we'll just get a picture real quick the council is more than welcome to come down if they want to be in the picture picture I can take it if you want to get it too.

And before you guys take off, just one more round for these guys. Thank you guys. All right, citizen comments. At this time, any person may address the city council regarding an item that is not on the agenda. Anyone wishing to address the council on an item on the agenda may do so at this time or wait until the item is considered. Each person must state his or her name and address for the record for each person, and they'll have up to three minutes. Because of state law, no discussion or action can be taken at this meeting on items not on the agenda other than to make statements specifically of information in response to a citizen inquiry or to recite existing policy in response to the inquiry or to consider or act or place items on a future council agenda. Do we have anybody?

Mr. Brown, did you want to speak now or wait until the public hearing? Yes, sir. That's all I have.

OK. Before we move to the consent agenda, I'm going to postpone items 4.1 and 4.14 to the next meeting. And then we can move into 4.1 and 4.14. Those are the two, correct? Did I look at Lisa? Make sure I'm getting the right ones.

Next meeting, right?

Yes, that's right. Okay, we good? Okay. Move on to the consent agenda.

have some comments thank you very quickly I'm just the recording stopped during the joint session so I'm just passing out a couple of extra sentences of things that happened that can be entered into the minutes if there's no objection from the joint session it's just notes as a work session so I won't read them or anything like that and I also wanted to Pull the water report, 3.2, very briefly. No, I'll delay that because I already talked to Garrett.

Animal control.

I wanted to pull that one very quickly. Somebody had a bite from a cat. And I just wasn't sure if it was a domestic indoor cat or if there is a possibility of rabies because rabies is a mandated reporting. And I just wasn't sure what the procedure was or what happened with that. You can get back to us later, I guess. But it's a public health state issue. OK. And the engineering report from Kimley Horn. uh i had a very quick question about that to ask for more details on the lomr package but that can wondering if it was just for insurance so if nobody's here from that we can delay that and that's all i had okay can i get a motion to approve i move that we approve the consent agenda i'll second i asked for it to be pulled and then i recanted that because i talked to garrett animal control was simply because there was a cat bite and if it was um inside domestic there's no issue but if i guess but if there's a rabies risk it's a state mandated reporting i just wanted to know chief if we had more info chief do you have info on the cat bite

Yeah, I'm not really for sure if it was a house cat or whatever. I know if you're talking about the incident where the officer got scratched by that cat.

There was a bite in the animal control, in the animal report.

That's probably where the officer had a scratch from it, but we sent him to the hospital and he took rabies shots.

Oh, good.

So everything should be fine on that.

Okay, thank you.

Yes, the Kimberley Horn yellow. Just wait. Thank you. All right. 4.2, I guess.

Yes, I did. And then I seconded it. All in favor?

Sorry.

Is there a second to that?

Jane.

I'm not hearing. Okay. Okay.

Jane, you got to be louder.

Second to motion.

Thank you.

Okay. Okay.

All right. Moving on to 4.2. Receive the monthly engineering report from Dunaway, followed by discussion.

Yes. Good evening, Council. Mayor Pro Tem Council. Jacob Dupuy with Dunaway. I apologize for not sending this out before. I think it was a little off from... Labor Day, and I know y'all are probably a little scattered with posting everything. I actually printed out copies. I know I sent this to Lisa this morning, but if y'all didn't have it, I brought some copies. Looks like y'all do have a copy of it, so again, I apologize for that. But for things... Updates for this month. We we actually had a utility pre-construction meeting today for wildflower phase one They're still finishing upgrading and dirt work. They said that'll probably last until about mid-november But we should probably start seeing some utility contract work maybe as soon as next month and then especially once the dirt work is done They'll be moving in to do the underground utilities, and then they'll wrap up with paving after that. But they'll probably be doing construction on that for the next year, if I had to guess. So this is just the very beginning of it. We have also been coordinating on a handful of commercial centers, still kind of coordinating with the FM 1777 Retail Center, trying to coordinate their tech stop permit. And then also kind of a new one, 507 Cook Street Retail just kind of kicked off some first engineering plan review for a new retail center on the east side of, I think it's Murray Manor Estates over there. And then let's see here on engineering design. We'll be looking similarly with the Wildflower and their onsite utility work. We're gonna be scheduling a pre-construction meeting for that new elevated tower within the next couple of weeks. So that'll be kicking off as well. And then I think the next agenda item is actually an update on the ground storage tank improvement project. So I'll talk about that one at that time. Okay, any discussion?

Got a quick question. Can you remember back to, and I didn't bring the letter with me when I first was on city council. there was a report that you had met with Jeff Miles and all these improvements that we were going to need is some of these things that we're seeing now coming from that report do you remember back that far

Yeah, we've done a few different iterations of some analysis for the various muds and kind of DR Horton related projects.

Because I know it changed things dramatically. So I was just like, OK, are we done?

It did. So yes, some of them are coming. The Wildflower Tower was one of them called out. The ground storage tank project wasn't called out because that's a city project. So yes and no, a little bit of both.

I was just trying to get it straight in my head because I remember when that happened, I'm like, And now it's kind of hit me like, okay, this is how it happens.

Yeah, and then they, just like everybody else, they kind of slowed down a little bit with home sales. So some of those projects, they didn't need them for infrastructure, but they're kind of teeing up for maybe a next push, so they could be coming sooner rather than later.

Okay. Thank you. Mm-hmm. I'll make a motion to accept the Dunaway report. I'll second. Sorry.

All in favor? Jane, you got a vote?

Oh, yeah.

all right uh 4.3 discuss and consider act regarding a rewarding to a bid to dnn tanks llc in the amount of 4.3 745 million for this county road 596 pump station improvements the 1 million underground concrete storage jacob yes uh we have been talking for this one for a little bit um and so we actually we finished design we we opened up bids for this project back in august uh

We had two bidders for this project, not uncommon. This is a pretty niche construction project for a buried concrete tank. So this is typical that the bidders that we received are ones we normally see. So D and Tanks was the lowest bidder. They actually provided the city with the first buried concrete tank way back when. So there's some familiarity there. We've obviously worked with them for a number of different projects. The low bid by them came in at the amount of $4,374,500, which was good. The amount that I remember budgeting with Melissa back over the summer I think was actually closer to $5.3 million. So this is very good. The only downside was just the total contract days for this project. We're pretty substantial 555 days To get this project complete and that's just due to scheduling and getting their crews out there again Kind of a niche field to be working in so they got some specialized teams specialized structural engineers and so with that timeline this tank would probably be completed about March of 28 February to March of 2028 and You know, you could look at the next low bidder, which did have better days, obviously a lot more price-wise. But even if we, you know, council elected to work with that contractor to shave off 100 days, the tank would be completed in December of 27. And you won't need it again until the summer. So it doesn't really buy you a whole lot to put it in service in the winter. So with our recommendation, what we'd like to go ahead and ask council to do is award the tank, award the project to D and Tanks as a low bidder in that amount of $4.374 million. Discussion, council?

Yeah, just very briefly. Is there going to be a percentage required up front? In my reading, there's usually a 5% or 10% up front, maybe a cash deposit by the contractor. And because I'm new at all this, is the city the obligate?

So when you say a deposit up front?

Yeah, well, it's a bid bond, right? So the bid bond is how it's worded. So the bid bond is that they get money, then they give up the money when they start working with us, right, after a certain amount of time.

So the bid bond is also what we call a bid security. So what they do is they put up a percentage, kind of like an insurance policy. Let's just say, for instance, we got to this point, maybe we started awarding the project and executing contracts, and DN Tanks said, you know what, I don't want to deal with this, I'm backing out. you have the option to cash that bid bond for your payment, for our time spent on it, for council's time spent on it, for staff's time spent on it. So that way you're not out going through that whole effort of getting all this executed. So that's why we call it bid security. So what will happen is once we get all the contracts executed and we're actually moving forward and have something more substantial in place, that bid bond will be returned to them. But nobody will be out like real...

money you're not paying them or anything in advance for it okay and then it'll convert to project owner i guess okay thank you that's all i had okay sure any other questions council all right i'll make a motion to award the bid of the for the underground water storage pump station improvements located off of uh 596 to dn tanks llc in the amount of four three seven four five zero zero

I'LL SECOND.

ALL IN FAVOR?

WHAT'S THAT?

.00.

YEAH. THANK YOU. ALL RIGHT. MOTION PASSES. THANK YOU. THANK YOU, JACOB. ALL RIGHT. RECEIVED THE MONTHLY PLANNING REPORT FROM THE CITY PLANNER.

gonna be talking for the next hour or so, so might as well get comfortable. Mayor Pro Tem, members of the City Council, Miguel Inclan for the record, we've started to see some major activity come our way, particularly with small-scale retail development. We are completing the first review of that 507 East Cook Street strip mall on the north side of FM 6. We had a couple of changes come up for 680 East Cook Street, that's the Valero strip mall. The developer had been approved to begin construction in July, had asked for a last minute change to the plans after Dunaway had done one round of review and working on the second. developer reached out and is now returning to the original approved plans. So these are delays that are not caused by the city. Just want to put that out there on the record. And we are going to be watching that development very closely in terms of quality and following the plans that were approved. As Jacob mentioned, 1777 Retail, they are having some discussions with TxDOT regarding the routing of their drainage, so we're closely evaluating that. If there needs to be a redesign, it would have to come back for approval by the Planning and Zoning Commission, because the site plan layout may change. We got the minor platform at Retail, It was approved administratively, but it's not recorded yet because there may be changes. And we received a plot for 610 East Cook Street that's also being kind of on hold until we finalize construction. That way all the easements are actually where they say they're going to be. We're trying to address all the comments from the Unified Development Code adoption. No other major updates in terms of comprehensive planning. Unless you have any questions of me, we can continue.

Any discussion, council?

Very quickly, Miguel, thank you very much for that. I just have a question about, because of the number three minor plats, do those have to go to the newspaper? Because I was reading chapter 212, and it indicates a notice in the newspaper.

Replat, that public hearing and notice in the newspaper happens for specific replats. When you're replating for fewer lots, these plots do not qualify for that requirement.

Thank you.

Had there been one, we would have done it.

Thank you.

I just have one small comment. Do you guys feel okay if we move this to the consent agenda moving forward? Do you guys have any objection to that?

Planning report?

Yeah.

my personal opinion is i'm okay with it but i have questions because we're growing fast okay so if you don't mind me asking questions then i'm happy with to do that okay and i'll make a motion to approve miguel's report and ask the direct counsel to move it to the consent agenda moving forward okay i'll second all in favor okay thank you

All right, we are at the 4.5 wildflower commercial tract annexation. Discuss and consider and receive petition of voluntary annexation from RRLLC for 19.69 acres and direct staff to schedule a public hearing on the matter.

Mayor, members of the city council, this is a petition for annexation for a commercial tract that had been parked out of the municipal utility district. Through that development agreement, the developer has begun construction of the river field development and now desires to get this annexed into the city limits. So the request is to accept the petition, schedule the public hearing, at which time there will be a concurrent public hearing to provide permanent zoning for this property. And we are seeking commercial zoning.

Can I ask a question? Yes. If this property is annexed into the city, then at this point is the city responsible for putting in all of the lines and the infrastructure for the commercial buildings that will go in that property?

My understanding is that the developer is extending utilities to the site as part of their residential development, so I don't believe so.

But it would just be the utilities to the

To the edge of the property.

Just like to the edge of the property, but not inside the property.

Not around, no.

So as those people come in to do their development, whatever, then they would take that? Yeah. Okay, thank you.

Any other questions?

I move that we schedule the public hearing for the wildflower commercial truck annexation.

Second. All in favor? Okay. Before we move into item 4.6, I want to call an executive session. Do I need to read the statement for executive session? Yes. So legal consultation with the city attorney for matters in which the duty of the Attorney General and the body of under the Texas disciplinary rules of conduct in the state Bar Association clearly Conflicts with oh wait. Am I reading the wrong thing?

Yeah

Okay, so just Just seven I'm just I'm gonna take yeah. Yeah. Okay. So then clearly this very Professional conduct the State Bar Association clearly conflicts with chapter 5 5 of the Texas Code specifically with legal Consultation and I believe we're taking four point six we're going to take four point one five and section 7.1 we're going to hold on 7-2 correct that's what we decided earlier yep for later okay so it is now 1827 and we're moving into executive session All right, call on the regular session back in order. At 19-13, no formal actions were taken back in executive session. We'll continue on with the meeting on item 4.6. We'll discuss and consider the petition for voluntary annexation for proposed residential subdivision Crescent Meadows and direct staff As far as our scheduling a public hearing, any discussion? No discussion. Any motions or direction?

The discussion was whether to move forward, the question is whether to move forward with a public hearing at this point.

Yeah, directing staff.

I was just pondering. Any thought on motion?

Do we just want to direct staff to move forward with the public hearing and set a future date for it?

Yes, I'll move that we set the public hearing. I'm sorry. We have a lot on our mind tonight. I move that we schedule a public hearing in the future regarding this development on 4.6. I'll second.

So we address specifically what's on the agenda accepting the voluntary annexation petition and then direct staff to schedule a hearing.

Okay, so I move that we consider the petition for consider the petition for the proposed residential subdivision and direct staff to schedule a public hearing in the future.

Good?

I'll second.

All in favor? All opposed? Motion carries. All right, moving on to 4.7. We're going to continue the public hearing for case number zone 26001-520 Milton Street. At this time, we'll reopen the public hearing at 916. Anyone want to speak? Sorry, 716.

We have one speaker, Lloyd Brown, who's registered.

Lloyd Brown, 830 East Street. HONORED MAYOR AND MEMBERS OF THE CITY COUNCIL, I SUPPORT ITEM 4.7 TO AMEND THE ZONING ORDINANCE AND ZONING MAP FROM LOCAL RETAIL TO PLAN DEVELOPMENT BECAUSE, NUMBER ONE, THIS COMMUNITY IS IN NEED OF VARIOUS RETAIL SERVICES, INCLUDING A RESTAURANT, A CLEANER'S, DAY CARE, GROCERY STORE, AND SO MUCH MORE. THIS PLAN DEVELOPMENT WILL BRING JOBS FOR OUR TEENAGERS AND ADULTS. This community can't just depend on property taxes from homeowners to address future responsibilities. When developers continue to be turned down or find it difficult to establish business here, other investors will avoid Josephine. Making unnecessary demands on developers is just another form of denying or delaying a project which may lead the developer to go to another city. When this happens, Josephine loses tax dollars and the residents are denied retail services. The Department of Transportation, our police and fire chief doesn't have a problem with the parking lot, which became an issue during the July meeting. And finally, these developers have been very patient and willing to accommodate this city. And there are other possibilities in their investment plans that I've heard in this room that can benefit everyone. So don't allow this opportunity to slip away. Thank you.

If not, I'm going to close the public meeting at 719 and go into discussion. Council?

I had a couple questions regarding the mention of a screening wall waiver. along the north and west properties and i wondered my perception is that that will impact the neighbors and also the hours of operation are not clear and the outdoor noise and activities is not clear there's a lot of unknowns that remain also there was mention of serving the commercial use in a walkable format. And we have no sidewalks over there, as far as I know. And I'd like to see more about what's happening with the noise ordinance before we approve it. Just my thoughts.

Any other comments from council?

Miguel, did you? Miguel, is this PD with the dining open? I know in the PC meeting they talked about outside speakers. Are there outside speakers in this?

Yes. So, well, let me, I can go item by item and address all the concerns. Okay.

I mean, I think that was the only thing that I.

Okay, so yes, I'll get to that. Okay. So the first item brought up was screening. The waiver is for screening on the west side adjacent to our water tower. That was actually at the request of the Public Works Department. TCEQ has standards regarding fencing and screening of water facilities, and having a double fencing was potentially an issue. So we granted, or really staff added that waiver in the PD to protect that.

you

On the north side, facing the railroad right of way, we've been trying to avoid in the future having a canyon effect in the sense that if you walk through some areas of Josephine along that right of way right now, you're really enclosed by fences on both sides, no really other means of access between blocks. So this is more of a crime prevention through environmental design principle of allowing ways for easy in and out and escape routes really in some situations. So that's the purpose of the screening. We did add a row of shrubs to do some visual screening along that side to at least address some of the concerns instead of having like a solid screening wall or fence along that property line. That is something that the staff and applicant worked on to make sure that there is some screening, just not a solid screening. Regarding the hours, so on section, if you're looking at the agenda packet, you're looking page 153 of the packet, we did add these hours of operation. We don't have within our base ordinance hours of operation for limits for any business. We added hours of operation limits for outdoor patios if there are any, but there are no regulations of hours of operation for any business within the building. Number two is the amplified sound, which is for speakers. So there's a full prohibition on amplified sound on the outdoor areas or within the building. So standards one, two, and three were added for And while all of those standards for hours of operation and noise control were added in consideration of neighbors, not just within the immediate 200 feet, but all around because I've lived in settings where you have businesses close to residential and you can hear all those kinds of activities. So I'm mindful of that. Now, as to the walkable aspect of this, the developer is adding a sidewalk connection to the north side along the future rail trail that will eventually be built at some point along that rail right-of-way. Additionally, TxDOT will install a 10-foot side path along both sides of FM6 at the time of that widening project. So there will be ways for people to walk to and from this area. Long term, we hope that there may be some sort of potential pedestrian connection on Milton Street across the creek to that future, I guess we can call it the downtown Main Street area. That's what I meant, and those are the principles behind the walkable elements here. Did that answer your question?

It did. I was glad. I knew that they talked about that in planning and zoning, so I just wanted to make sure.

And the developer and their design team, I believe, is also here to answer any questions you may have regarding this project. The main concern back in July was on the fire lane. I do want to clarify. So the developer did receive a permit already from TxDOT to build that emergency drive. So they already got approved for that. That's not a hypothetical. They have a permit and they actually have a deadline of one year from the time it was issued to start construction on it. So if this plan development is approved, they are incentivized to immediately submit site plans to move forward with this development.

Any other?

I guess one last question is regarding the TxDOT expansion where they're supposed to be taking 60 feet, which is my understanding from previous discussions over time. It seems like it's going to really cut this very short, very tight.

The developer can answer. I believe they're I believe their design accounts for that widening and right of way. And though the turning radii may seem a little weird after the TxDOT widening happens, that's a gated entry for exit really. It's really for exit only more than entry for fire trucks. We need to understand there will be a median there. hypothetically, it would be really challenging to make a left turn onto that emergency access. The primary means and really the only way for anybody to come in is Milton Street, except for emergency responders.

Okay. Any other discussion, motion?

All right, I'll make a motion to adopt an ordinance for case number zone-26-001S presented.

I'll second. All in favor?

Motion carries.

All right, we're moving on to 4.8, open a public hearing on case number CA-26-003, the code amendment primary engineering plans. The time is 19 to 26 or 726. Anybody wish to speak on this item?

Mayor Fulton, this item was actually continued by the Planning and Zoning Commission. Obviously, we didn't have time to add that in the agenda packet, but we ask that we continue this public hearing to the October meeting. Okay, can I get a motion to continue?

I make a motion to continue.

I'll second.

All in favor? All right, five to zero, motion carries. This motion will be continued to the next meeting. All right, we're moving on to 4.9. Open up, make sure I'm right, yeah. 4.9, open a public hearing on case number SW-26-002, a subdivision waiver for the Fab Five addition. Time is 19.27 or 7.27. Anyone wants to speak on this one? Okay, closing the public hearing at 19.27 or 28, sorry. I'll make a motion to... Discussion? Oh.

Do you want to discuss something?

Yeah, I can introduce this item. So as you can see on the aerial location map, on my staff report we received a minor plot for this very oddly shaped and very tiny property at the curb of FM 6 and County Road 637. This is in the ETJ of the city. Plots still have to come through us. We have a requirement that all plots must be served by water and sewer. The site is too far to be served by our sewer, and only a very small portion of it is within our CCN. The site is too small for septic. The proposed use, and this can change, but the intended use is for a cell phone tower, which in principle does not generate wastewater. So they're just asking for the ability to move this plot through the process without that sewer requirement. They are adding a note on the plot by Collin County certifying that there will be no septic facilities approved for this site. If their plans change and they wanna put something else, they'll either have to come back and connect to our system or buy more land enough to be able to put a septic facility there.

Okay, and this property is the one that's going to be for the cell tower, right? The intended use is that cell phone tower, yes. Can we just put that on the approve the waiver with it being only used for a cell phone tower?

I'll have to defer to the city attorney. Can they condition that on the future use? For the flat? On the waiver.

Oh, no.

I don't. The waiver.

But. Now, so Collin County would handle the permitting for this property. Okay. And they themselves have said, you know, they're aware of this waiver. They're aware that there's no separate. So as I said, if anything changes from what they're wanting to do, they'll have to come back to us or they'll have to come back to the county. They'll have to go back to the drawing board.

Okay. All right. Any other discussion?

motion it was just the wording was really weird about wastewater and about the the telephone tower indication um it was just worded so that i it was hard for me to navigate and figure it out i'm i'm going to make a motion that we what am i making a motion for i guess it's a randy so it's 4.9 And I guess my other question is when TxDOT expands Route 6 again, are they going to lose that tower?

This is near that location, right?

Yeah, but to answer your question, they sent an exhibit, but I don't want to include it because this application does not really discuss the land use. But based on their exhibit, they're building it so that it is unaffected by any right-of-way acquisitions or widenings in that vicinity. So it won't be affected based on what they're showing right now.

I make a motion that we grant a subdivision waiver for case number SW-26-002 as presented I'll second. All in favor?

5-0 motion carries 4.10 discuss and consider to act on approving an ordinance authorizing the increase in the TMRS employee contribution rate and annual accruing updated service credits and transfer of updated service credits discussion I just wanted to mention that our employees work very hard

and deserve their pay and remuneration benefits. But I personally believe with my career, this is a far higher increase than I've seen in my career. Just a comment.

Melissa, can you remind me what the increase is?

This is a change from a 7% to an 8% contribution rate on the employee side to the pension plan.

Okay. And we budgeted for this? Correct.

And this is going to be essentially the standard moving forward? Yes.

Yes. for for you know a lot of cities and municipalities are going to this contribution rate they're they're not there yet well they may but it's cheaper to do it now than it is later yeah so how can that be large cities have a bigger liability and it's harder for them to do it so it is the one thing that smaller cities can jump on faster it increases recruitment efforts and

Retention. Yes, retention.

And there's also an 11%. Yeah, explain that 11%.

Guys, that's not on the agenda tonight. Well, it was in the document that was presented. We're just talking about the increase of 8%. OK.

So I'm going to make a motion to approve an ordinance authorizing an increase to the TMRS employee contribution rate in annually accruing updated service credits and transfer to updated service credits.

I'll second. all in favor all opposed three to two motion carries all right 411 discuss and consider an act to approve a resolution for confirming completion of required annual reviews of city investment policy and affirming that there's no changes are proposed and lisa did you want to talk to this one

Yes, sir. This is more of a housekeeping item. The state requires that if we have an investment policy, we review it every year. If we were going to make changes, we would have brought those to you. We are not recommending any changes. This just acknowledges that we have reviewed it.

Discussion?

I make a motion. Any discussion? I make a motion to approve resolution confirming completion of the required annual review of the city's investment policy and affirming that no changes are proposed.

I'll second.

All in favor? Motion carries 5-0. 4.12 discuss and consider to act on the Josephine asset management and disposal policy. Melissa did you want to bring this one?

This is the asset management and disposal policy, and it has been reviewed and edited by our city attorney. This is not something that we had in place prior, and this is just housekeeping. As Lisa says, this is a formal policy on how to dispose of assets and what we do with them and safeguarding them. And if you have any questions.

discussion well I just have one question oh we can talk about later that's fine any other discussion can I get a motion I'll make a motion I'll make a motion to to approve the city of Josephine asset management and disposal policy I'll second I'll second okay you second all in favor 5-0 I'm sorry can we use your microphone I just need to get closer.

Sorry, we're getting tired.

We're hurrying, OK?

Thank you. Sorry about that. All right, 4.13, open public hearing for case number CA26004, the 2021 International Fire Code. Chief, did you want to talk to this one? Fire Chief?

Thank you, Council. As you passed all the codes last month, this is the companion on the fire side of it. So this is the 2021 International Fire Code, and I worked on the amendments. There's a couple of ways to look at this thing. One is we want not to be overly done in our amendments. We want to be equal with other cities. A lot of comparisons were done with our locals here, LaVon and Farmsville are on exactly the same code. I think Royce City is too. I know Rowlett is. So those are a lot of the examples that I used when I wrote. So we're about equivalent to what our neighbors are using.

Any questions? Can I get a motion? All yours.

I make a motion that we adopt the ordinance. Oh, gosh. Sorry. If you've got it there, Alan.

All right. So I'll make a.

You may have pretended to open the public hearing officially. Oh, yeah.

Oh, sorry. Thank you for keeping me in line. I open a public meeting to discuss this at 19.38 or 7.38. Anybody in the gallery wish to talk about it? All right. Go once, go twice. All right, close the public meeting at 7.38. Now we can make a motion.

All right, I'll make a motion to adopt an ordinance for case number CA-26-004 as presented.

I'll second. All in favor? Any opposed? No. OK, 5-0 passes. We postponed 4.14 earlier. We are now on 4.15. This is discussed and considered an act upon a professional services agreement between the City of Josephine and TCCI Josephine County MUD 3 LLC. Any discussion? Thank you, Chief. All right, no discussion. Is there a motion? Either for or against?

I move that we deny the MUD3 LLC professional services agreement.

OK. Can I get a second?

I'll second.

All in favor? 5-0, motion carries. All right, moving on to 416, discuss and consider and provide direction to staff and the Josephine Municipality Development District regarding the development and approval of the FY26-27 MMDD strategic plan, including strategic priorities, economic development goals, incentives, policies, and programs, funding priorities, and related resolutions and agreements and other implementation actions. And I believe, Pam, you wanted to speak to this one.

Yeah. There's no motion attached here. However, I did want to just clarify that this was a document that we've been talking about since the formation of MD. This is information that we've been talking about since the Municipal Development District was originated. the request of having it into the packet after the joint session was to continue to move forward with alignment. I know that Miguel said he will continue, the city planner wanted to continue and provide comments, which is appreciated very much. And if that's the case, Would it also be possible to approve the two resolutions that are contained in the packet that are related to the two projects that were approved by the budget in the previous meeting? Simply a resolution.

To add context, the projects that Dr. Sardo is referring to is the project types that are contained in Chapter 595 of the Texas Local Government Code as to the strategic priorities for the MDD to pursue. I'm trying to remember the two project types categories that were voted on, but the MDD and City Council can adopt by resolution that strategic priorities, you know, so that those are the two things that the MDD would focus on.

And those were included in the budget, I think, right? Yes.

Yes, the budget document for the MDD contained.

The MDD president's here. Can he step up to the podium? I just have one question for you. Sure. Out of those projects.

Well, first of all, I'm Kevin McKinnon. I'm the president and board of director for the Josephine's Metropolitan Development District. Some of you may know me. Some of you may not. And I'm here tonight, as I am for every city council meeting, to listen in and see how we can help. and or pick up notes on what city council would like to see us do.

And I'm assuming this is a draft. Have you guys actually formally approved this yet in the MDD?

No, we've not met since that work session on August 4th. We had planned to set up a meeting this month. either on the 22nd or 21st, or if that's not possible, the 28th of September, by which we will then vote on that. Okay. Thank you. That was my one question.

There is no, just for clarification, there's no statute that says the strategic plan must be voted on by the MDD before coming to you, but it's just to continue things moving along.

Yeah, I would like to understand from the MDD as the whole board, not just from the work session itself, on how they're going to move forward before I want to consider a resolution.

And any specifics based on what we discussed? Or maybe you can give us more.

I want to make sure that they're on the same page when they come bring us stuff. That's all. That's just simple. First of all, I think it's a great plan. I just want to make sure that everybody's agreeing on the MDD and that you know, it's all in alignment and we move forward together, right?

Sure. I think you're going to want to have the, whoever our attorney is going to be for MDD, maybe look at it after MDD is finished with it, kind of do final edits before we bring it to you.

Okay.

We can talk about that at the MDD meeting.

Thank you.

Okay.

All right. Okay. I'm sure it's very close. Yeah.

So there's no action on this one? Go ahead. Besides Kevin's going to go do a lot of work for us, which we appreciate. Okay. All right. At this time, at 7.45, we're going to go back into executive session for our last item. So we're going to have legal consultation with the city attorney for matters in which the duties of attorney general and to the governing body under the Texas disciplinary rules of public professional conduct of the state board of Texas clearly conflicts with chapter 551 of the Texas Code, specifically legal consultation for item 7.2.

And Gary, we omitted 4.17 as previously mentioned. Is that on the software?

Oh, I'm sorry. I totally skipped over it because it's one little thing.

Hi, Terica.

Hi.

She's going to pull us back in. Yes.

So I'll say all that again in about five minutes after Jerica gets done with 4.17. Because it's so little. We're trying, Miguel.

We're trying. It's OK. I was like, just we were waiting to have the last agenda software training before I gave you an update. And it was after the publishing date. But we are looking to close Diligent out October 16. And we'll be transitioning into the Civic Plus software for agendas and minutes. They're going to pull 500 agendas. We only have about 120 on the diligent altogether. So the remaining will be the prior ones that we already had on the city website and then the rest will be mostly Patty, but I will help her scan all the even older ones so we can have even more on the city website as far as for agendas and minutes. And then the other software as far as doc access is already live on the city website. and diligent. So if you see that change when you're opening a document, that's the new compliance. All the PDFs will look like that for anything. I believe it's 2018 and above. And then the mass notification software has, is officially live, but mass notifications. I went through, Joe and I met with the trainer and we did all the training for that. So we're still working out the back end of things. Joe and I are learning that. But we did a test with the employees one and it works. We're, I don't know if we're gonna put it on the old website or the current website, gonna be the old website or just the new one. We haven't figured out how that would work and look on our old one or old but current one right now. And Jinda Software, THE FINALIZED DATE FOR THE FIRST AGENDA WILL BE NOVEMBER. AND THEN THE CITY WEBSITE IS LOOKING AFTER THE NEW YEAR. I DON'T HAVE THAT ONE PINNED DOWN. BUT EVERYTHING ELSE? ANY QUESTIONS ON ANY OF THIS?

WHEN ARE WE GOING TO GET TRAINED ON IT?

THAT PORTION IS ALREADY AVAILABLE. I JUST WANT THE PART I'M AT, I'M NOT TO THAT TRAINING SO I DON'T WANT TO SEND IT TO Y'ALL UNTIL I'VE SEEN IT IN CASE Y'ALL HAVE QUESTIONS. BUT IT LOOKS A LOT EASIER. And even on the test they've done for the voting for y'all, it looks super easy. Same thing for those that did the diligent one, you'll just log in and then it'll pop up on your screen as a big pop-up for each agenda. And then it will reflect on all the TVs that vote. So if they're watching live, they can see it. It'll say which way everyone voted. It's not just an overall score. And then the timing and everything like that looks to be better as far as the timer and...

couple different features that we're getting into the start we've only had like two trainings on the agenda one so okay we'll get forward to it for sure thank you jane okay my question is because i've been in there kind of looking around and some things pop up on the side that are different so some things are going in on the corona website like the doc access access yeah i think that's the one i'm like oh where'd that come from

Yes, that is new and it's live on the current website. Okay.

So when we're going to, we will transition from the one website that we have What day? Or do we? I do not have that date yet.

It'll be after.

It'll be like, okay, we'll announce to everybody it's going. You're not going to be seeing this anymore. It's going to look kind of entirely different when you go to the next one.

We're slowly advertising that throughout social media. Okay. Just with the photo contest, letting people know there's a new website coming and hoping to use some of those photos with it. And then we'll, that's why the deadline for that is the end of December right before our Christmas in the Park.

Okay. All right. Thank you.

Any other questions?

Pam, anything?

No, I just noticed it's three days before early voting starts, so they'll give three days to get it all taken care of before the other distractions.

We have those meetings already preset for every software, so we know what dates and we're prepared. Okay, thank you.

Anyone else? Good. All right. Now we'll recess the regular session, go into adjourn into executive session. in section 551.071, legal consultation with city attorney for matches which the duties of the attorney to the governmental body under the Texas disciplinary rules of congressional conduct.

I'm sorry. I think we're at 7.2, and it's a different number there.

OK. So sorry. 7.2, pursuant to Texas government code section 551.0074. Time is 19.50 or 7.50. All right.

I'm going to use this. Didn't have it on.

I would like to discuss getting a prescriptive easement for Encore to run electrical lines underground instead of overhead from 2606 up into Josephine. Because if we have lots of overhead lines, it's going to kill any commercial in that area. And I actually had it all written out, but it's sitting on my printer at the house.

I'll second that.

All in favor?

right that carries um anything else um i have two little ones um the the city including patty and many others who have been here a long time have been involved with the community part i guess it's called community partner grants from the hud grant grants to help the houses get renovated when they come up for due Yeah, so I'd like to put that on the agenda and take a look at that because the previous document said Jason Turney was the only responsible one, not the city and not council. And so I just wanted to take a look at that again and see where we are for reporting because Dallas also got a million dollar fine for their paperwork not being right. And I know we have somebody who's contracted to help us, but I just wanted to kind of wrap, bring that back in and take a look at it. Because who knows what name's going to go on next.

And. Makes sense. I mean, I don't.

No? I think we just should just bring it back and look at it. What do we want to look at? I want to look at the document again and where the reports are. They're supposed to be, that company's supposed to turn in reports. And are we getting an annual update of those reports to keep us compliant?

right now they're in the applicant stage where they're just reviewing documents they haven't approved anyone nothing's it's a two-year process so right now we're just waiting on them to get these people approved or denied okay um i'd still like to take a just i don't have anything really to look at okay how about the last one that we did

The one from two years ago. Can we take a look at a report from that?

Is this just, forgive me.

There are multiple. I mean, I'd have to get with GrantWorks.

The goal is to just make sure we're compliant and see the process because Jason's name is on it.

Yeah, I wouldn't know what I was looking at with them.

so you don't want to do it not not that i'm saying i don't want to do it i just don't have the i mean i can bring down the ones from 2005 when we got nine new houses we keep all the reporting for 20 years and i don't get rid of anything but all right well it's just a suggestion and then what it would it i mean obviously do they get audited do we have an audit firm that does anything with them the the um tdhca they all what is it they get do the all we do the audit form the audit certification every at the end of every year it gets reported and um

Did we have any findings from last year?

We have to do it within 120 days after the end of the fiscal year, and we report all of that through TDHCA or whatever kind of, if it's a federal or a state grant, and we fill those out and they go straight to TDHCA. And it's an audit of all the grant money.

But there was supposed to be a third-party company that came to us over a year ago that said they were going to take care of all the paperwork.

GrantWorks. That's GrantWorks. Yeah, GrantWorks. GrantWorks takes care of all of that.

So can they give us an update or give us a little paperwork and show us where... Well, right now there's not anything...

I mean, there's nothing going on except reviewing applications and doing title searches to see if the current round... Five applicants are eligible.

Okay. How long does the process usually take? Two years, she said. Oh, it's like a two-year process?

Well, the last one, when we got the new one over on Thelma, that was three years. It kind of changes with each grant.

So we'd almost have to have an active grant to be able to actually do an audit or make sure that we're in compliance with the paperwork.

Right now we're in this grant contract, home grant, we're in the approval stage to verify that the five applicants that applied are eligible and that's about a year and a half process.

Would you like maybe just an overview of how it works? No.

Well, probably for the new round of who's going to sign the next one in the government body of Josephine.

We're in the home reservation program, which means if funds are available, we get notified and we can put applications out. Anytime funds are available.

Okay. Well, one of the compliance issues is that, and again, I'm not arguing, I'm just trying to remember, one of the reporting stipulations is that when you redo a house, the houses on each side have to be no higher value. And so as we change as a city, develop downtown, however you want that to be, and you might want to have a mix of business and residences, that's another factor to keep in mind that I just wanted to make sure that as we move forward and as we're progressing that we remain compliant with whatever that paperwork says. And if it changes, great, but that's what the last paperwork was that I recall. that whatever you do to improve that one, the houses on each side cannot have a higher value.

Is that something that GrantWorks then looks at when they're going through the approval process?

GrantWorks, we've been using them since 2004, and we've been in compliance on every round.

Okay, all right.

So it's up to the council. I just feel like we need to know what's happening because Dallas got a million dollar fine. But we're not Dallas.

But they don't have Patty. Yeah, they don't have Patty. The applicants that apply because the qualifications are pretty strict. It's lower income. It's hard to get people to apply sometimes. We have 17 grant homes since I've been here and GrantWorks takes care of all the paperwork and we do the audit. Audit, certification.

at the end of each year when we have grant money just a reminder from the attorney that that item isn't actually on this agenda so okay well this was supposed to be taking ideas for next agenda and i don't want to actually get into a discussion okay so if there's an interest i wanted to have an update on the hud community partners situation you guys can agree or disagree is there a second okay there you go all right so wait wait one last one for me is that we need to i'm assuming we'll bring the mdd communication in some form back to city council next month after we meet i would assume that's up to the mdd and miguel and the city staff yeah but we have to no if it's if it's a valid agenda they'll put it on there right but yes i see what you're saying if it's available i don't see why they wouldn't put it on the agenda

OK. We now have two things. Can we look at having, and I don't know if this is possible or not, some of the people in the mud have complained about fields around them aren't mowed. Is there anything that the city can do to help the muds with that, if it's property that's basically down in, and I mean, it's not a private person that owns the property.

Yeah, outside the city limits, I don't think we have any jurisdiction to do anything.

I didn't know if the current MUD could work with, okay, who needs to go?

We got an Amber Alert coming in.

Probably the city can't, but if they'll call me and tell me where it is, I might be able to make a call or two and encourage something to happen.

Did you hear that, Jane?

The what?

Pass the information over to Lisa and she can see if there's something she can do.

I'll do it. And I was listening to the... All right.

Anything else from anyone?

We're good? Yes. I want to see if we can do something about the ant population at the city park.

Ants? Yes. I think we can take care of that. I don't know that we need an agenda item.

Every time we have the food truck over here and we sit at that bench, we get eat up with ants within just 60 seconds of sitting there. Okay.

We'll look at that.

And then my agenda item, if you guys are admirable, I would like to know if we could actually get power out to the pad. No, there's no power out there. I'll second. All in favor? Yeah, agenda item, yeah. I'd like to, I know Garrett's looking at me. What's it gonna cost to get power out there? I know. Okay, one last thing, guys. On a serious note, I did get notification today that one of the previous mayors of Josephine has passed away. Mr. Joe Holt passed away this weekend. If you would be kind to just kind of enlighten me here and just have a moment of silence for him. Thank you. And our hearts go out to the whole family during this time. On that note, do I have a motion to adjourn?

I'll make a motion to adjourn.

I'll second.

Thank you.