City Council - Regular Meeting

[Music] How you doing?

All right, we will call the uh October Josephine regular schedule meeting at 6 PM. Can I have the roll call, please? Mayor attorney is absent. Doug Euing here. Brad Alfinger here. Alex Escoville here. Dr. Pam Sardo here. Gary Chapel here.

All right. If you wouldn't mind, please uh rise for the pledge of allegiance to the flag of the United States of America and to the stands nationy and justice for all. All right, Pam, do you mind doing the invocation for us, please?

Thank you. Please bow your heads with me today. Dear Father, we pray for peace in the United States and overseas and are thankful for those held captive who were returned to their families. We pray for local, state, and national leaders to have wisdom and compassion. And we pray that we as a council and as a community are moved to do what is right for those that we serve. May we break down barriers that divide us and work together for the common good. We also ask for your protection over all of our first responders to keep them safe. We ask this in your name. Amen.

All right. Uh, I believe Chief Graham has an officer he wants to introduce for us.

If I can get Israel to come up here. So, council staff new officer is just a little bit of history about him. He uh graduated South Florida high school after high school and joined the United States Army and got an honorable discharge and he recently been police department and very one of the highest. So if I can get his wife don't They also have two small children. [Applause] Yeah, there we go.

On threes. One, two, and threes. Thank you, guys. Do we want to do we want to introduce Yes. Mayor Protoma and council. I'd like to introduce um our new fire chief, Joe Florentino. If if you would stand. I don't have a badge for you to pin on, but if we'll give him a warm welcome.

We are most happy to have him. Very much so. Yeah. Not just new, he's our first, by the way. Good point, Brad. All right. And then I guess the proclamation is next. Um, so you want me to do the pro? Okay, you can do it. Go ahead.

Um, yes. So, uh, October is community planning month. Um, we just want to recognize that planning is essential for every community in order to provide ongoing solutions for land use, transportation, and housing. Uh our own city planner, Miguel, is going to receive tonight's proclamation. And while he's only been here a few short months, uh we recognize that Miguel's um dedicated to Josephine's planning, just specific to planning, has been a tremendous help and long overdue. So, he's taken a great weight off my shoulders and uh provided a fresh perspective for a lot of things. So, Miguel, Mayor Pro Tim, will hand that to you. We're a little crowded here.

We have a Thank you, Brandon. Oh, no. You guys already [Applause] citizen comments. Do we have anyone listed? We have Heather. Is it Leber?

All right. Please state your name and address for the record.

Heather Leburg, 308 Chuck Wagon Drive. Before I get started, I just wanted to commend our new uh police officer and um our new fire chief. Welcome, guys. I appreciate everything that you all do as a healthcare professional. means everything. So, um that's why I am here today. Um as a healthcare professional, I request your consideration on the ESD. Texans deserve a well-th thoughtout strategy, not a proposed ESD that lacks clarity, structure, and accountability. Until a comprehensive plan is presented, the ESD proposal must be amended. So, please vote no. We we must demand better planning, transparent leadership, and efficient use of tax dollars and our elected officials. Anything lost is a disservice to us. The taxpayers are being asked to fund a blank check for a system that will not deliver services for two years. City level solutions are already in place and can be implemented at a lower cost with benefit to the local cities. The proposed ESD is the wrong option at the wrong time. Discussions I've had with emergency service professionals with 30 years of experience insist that major amendments and local leadership accountability are essential prior to voting. It would be more equitable to increase local taxes or annex ETJ land and charge a service protection fee per home using those funds to hire personnel and purchase equipment for stations here in Josephine and other rural cities. The city of McKini, Frisco, Plano already have an overabundance in funding and staffing. These cities absorb more taxpayer dollars and why aren't they being diverted to underfunded rural stations? County officials have no blueprint or fiscal plan before approving it. The problem is a lack of proactive infrastructure and resource allocation. Therefore, the county and city of Josephine must implement slow growth initiative and a temporary construction moratorum to ensure that infrastructure, roads, and emergency access are improved

before continued development strains response times even further. These existing issues in the ESD claim to address already exist, but they can be managed through common sense, local policy, better planning, and properly funded fire departments in the city, not through ESD. The citizens deserve proactive, not reactive leadership. The proposal exemplifies poor planning and a reactive governance. Wasteful expenditures. Expenditures such as $18,000 for fake turf behind the firehouse when lowerc cost alternative like $800 wood chips could save the city thousands and shows consistent pattern and misallocation of funds. The problem is the abs is not the absence of money but irresponsible spending and lack of oversight. Until the elected officials demonstrate fiscal restraint and strategic planning, the public cannot trust another layer of bureaucracy. There is no operational plan presented. There is no board candidates. There is no governance structure. There's no leadership. There's no any anyone to hold accountable. And services are not expected until 2027. So which leaves the question, who's collecting the money and where is it going to go?

Thank you for your time. Thank you. Anyone else?

Is there anyone else that would like to speak? All right, we'll move on. All right, the consent agenda. Is there any discussion? Um, I have a couple little points. Um, on 3.1 regarding the prior minutes. Um there were there was a question about the voting error of carrying six to zero for a couple of items in September and um to make sure it's um legal, regulatory and accuracy related. I would like to have that corrected um that it not say 6 to 0 but 5 to 0 and a couple of places in the September minutes. And then I also have a quick question on 3.2. 2 on the in quarterly investment report where we had over $2 million withdrawn from the logic account in fourth quarter um 500,000 and then almost 483 523 and over a million and so is there any kind of um indication of where those withdrawals were spent the $2 million for fourth quarter ending 930 Those funds were spent out of the operating account for pay apps for the public safety building and the wastewater treatment plant.

2 million for pay apps and wastewater treatment. For pay apps for the construction of the public safety building and for the construction of the sewer plant. Thank you very much. Mhm. And um I think that's all I have. Thank you. And do we have a motion?

Motion to approve the consent agenda. I'll second. That's beautiful. All right. Motion carries 5-0. All right. New business. receive an update from project manager Ethel Hudins representing AGCM regarding the public safety building project.

Hopefully not too many left, right? No. Can we pull it up on the screen? Yes, I can. Thank you.

Okay, so um the health indicator we're on a excellent um mark on the budget. We have achieved completed the building without many ginores. We just had three chin charges and one of them was the annex building. So that put us in an excellent position. The schedule um is still tracking for November the 19th as we spoke before. Um the quality of work it's the quality is good. Um the summary of work during that period you will see in there what's accomplished for the public safety. This was this was made two weeks ago and the pro um the progress right now I walked the building today it's impressive like all the floor is inside the painting Black will see the next day. We have a new.

Thanks. Um, if we can scroll down a little. I think it's all this one's red. Yes. Thank you. So for the next um period we have

there. Thanks. Uh the concrete pores are completed. The accessories they were still working on some of them. The doors installed. They are installed. We're missing the glass on the doors and the reading like the card access reading the equipment. We we are still coordinating some some equipment. We're going to have some safes installed this week. um some radio and and a tower and some some equipment. So, we're working through that. Um the AC units are up and running. The landscape is completed now and we are uh working on some inspections for next week. The annex building that has been closed and this is what was achieved. Um I'm sorry this is the anticipated for the next period the FFNA installation the finishes completion the LVT the carpet and the workout room flooring which is completed and the final painting. So again, according to the contractor and the progress on site, we are tracking for November 19th and that is a breakdown on where we're standing on our budget, the change orders, uh the denied change orders and the contingency right now on this latest pay application. Um, we got a draw on the contingency and this was to accomplish some text dot requirements and I'm working with a contractor to get clarity on that draw. So on the next report I will give you the numbers and and you know a reporting why and how was was that spent. Um yeah, that's the comments right there. There's no major concerns right now for observations or

then we have still or contract the third party contracts going and you'll see some photos of how was the building couple weeks ago and now how it's changed. The mason stone was installed. That is the back working on the tracks fencing which is a change order the latest one all the fencing around the building on the back of the building it's it's accomplished it's done my work waiting for countertops I'll be happy to answer any questions

you have any questions motion to approve thank you motion approve the I'll second motion carries 5-0 receiver monthly moving to 4.2 to receive a monthly engineering report from Dunaway DBI followed by discussion, consideration, action.

Yes. Good evening, council. Jacob Dewy with Dunaway. So, on the development front, both Morning Side and Morgan Farms are still under construction. We're estimating the Morningside developments approximately 80% complete and the Morgan Farms is about 60% complete. So, they still probably have a little bit left to go on that before we start looking to get some final plats over here. Um, and final walkthroughs as well on the design and construction status of various projects. Uh, both wastewater plants are rocking along very well. Um, the Magnolia plant, we're estimating that one's about 35% complete. Um the north wastewater plants still approximately about 15% complete. So that's kind of tracking with timelines that we're currently seeing for both of them. Uh let's see the discharge permit. Um I know for the North Wastewater plant, which is a new discharge permit, my my latest note on here said the latest correspondence was back in September. I actually finally got some response back from the TCQ today and they said that they're checking with the attorneys who in turn check with the executive director because that's kind of where it's sitting right now to final get us some final approval on it. And then um the other kind of big moving item right now is the 12-in Milton Street gravity sewer improvements. It's kind of slow going right now because of how deep they are um and where they started. I expect once they hit kind of Byron Street, it'll probably pick up a little bit. It's just pretty deep right now kind of by Maine where they were crossing um by Cado Street and whatnot. So um any questions on anything that I mentioned or any other items that I did not discuss?

I have a couple short questions. Um the meter vault improvements, um where are they going to go and what does it entail? Is it pressure changes, backflow prevention, concrete, sump pumps? What are you doing? So, this is your meter vault where you get water from North Texas. So, this is going all the way over by approximately State Highway 78. Okay. And so, with how you guys tie into the North Texas system, you actually have two meter vaults with them. One of them is actually almost right on top of their uh 24in pipeline, and that's the one we're looking to do some improvements on. It's going to increase the potential capacity that y'all can receive from them. And so it's just a new vault, a bigger vault, bigger meter, all that good stuff.

Thank you. And what is uh that's happening right now. We're still in a submittal review process between our contractor and North Texas because these are all North Texas items that we have to get everything double approved by them. And so we're still kind of just now entering that tie-in potential period. North Texas, we have to turn off the 24 inch pipeline which will impact um Cado Basin which will impact Cokeville. So we do all of that during the winter and so we're just now entering that potential tie-in season. So thank you. Did you have another question?

Um it was just real quick about the storage uh the 1.5 million gallon storage tank, but that's on the agenda for later, so I'll wait. Thank you. Okay, no problem. Thank you. Do I have a motion? I'll make a motion to approve the uh engineering engineering report from Dunaway DBI.

Second. Motion carries 50. We're going to move 4.3. Receive the monthly engineering report from Kayle and Associates. Good evening, council. Um, I'm just going to go over a couple of our projects that are pretty hot right now. The Greenville Avenue reconstruction project. Uh, when we sent this in, we were still coordinating with the contractor to get the contract executed. So, they've sent that back last week and we have our precon meeting set for October 20th. So, once that gets uh once we've done that meeting, they'll start sending in submittals for all of the material that they need and construction will get started. And then the parks and trails master plan, the draft report is scheduled to be on the planning and zoning commission for later this week. And then if that is recommended for approval, it'll be at the next council meeting in November uh for approval. So the PNZ presentation, it is open for public comment. So if there's anybody in the city that wants to come make any comments, they're welcome to. And any revisions um will be done prior to the council meeting. um presentation. The current reviews we have going on right now. We have the Sonic, we completed the second submitt of the construction plans earlier this month. And then the 610 East Cook Street, we just completed the seventh submitt of the construction plans at the end of September.

Is is that last one with the Cook Street going proceeding a little bit? Okay.

Thank you. I have a motion. I'll make a motion to Is there any other discussion? Okay. We're good. All right. I'll make a motion to approve the engineering report from Kevin Horn and Associates.

Second motion carries 5. We're going to move to 4.4. uh receive an update from representing from P3 Works, Morgan Farms, and Morningside subdivisions. How you doing? important law firm. We've had the privilege of being attorney last also with us representative of developer.

I can speak up. You got it. It's not that it's the people. We have people on on YouTube that are watching so they can't hear. Even if you do speak up, they can't. Okay. uh which was Brightland Homes which is uh changing their they're merging to a new entity called DRB but I'll let them introduce themselves. Yes, my name is Kendall Hamri. I'm the director of land development with Brightland Homes, soon to be DRB Group. Um and we are the developer for the Morningside phase one development. Awesome. Thank you. I'm Michael Lance. I'm Michael Lance. I'm the senior land development manager at uh Meritage Homes and I'm overseeing Morgan Farms.

Awesome. Thanks. and a little early on my end. My name is Steven Darling. I represent uh the law firm FBFK. We are working with both Maritage and Bright Land on uh basically the paperwork required to get any of the PID project through. But if we have any questions, I'm happy to answer them.

Thank you. And um we're going to try to keep this as short as possible, but uh public improvement districts, the city entered into two development agreements uh for these two projects about four years ago, uh committing to create public improvement districts. Um I'll let Jordan, you know, speak more in the details about it, but uh the public improvement district is not a special component of the city. is just an area of the city where you're basically charging future residents for the infrastructure that will come. So, um streets, water lines, sewer lines in years past, decades past, a developer would come in, build this stuff and dedicate it over to the city. Nowadays, the developer comes, builds it, you agree to basically buy it from from the developer.

Why the main reason cities do because it's the only way, one of the only mechanisms we have to get uh property subdivisions annexed in so that they're in city limit so that these folks are paying property taxes uh for the services that you would otherwise probably provide anyway, right? Protection. Um the kids the two kids have already been created already in existence but the haven't gotten going going. We had to start we typically issue big bonds right about the time that developers are about to start spending a lot of money on these capital improvements and basically as they build and they dedicate to the city uh a trustee bond money trustee they get they submit the receipt showing they paid for this sewer line. He was inspected by the city uh you know public works director who was dedicated and now they get paid out of the bond proceeds for that. There's a lot of give and take in these development agreements. So these development agreements not quit proquo things that developers gave to the city and vice versa and now we just need to they've asked the developers as the city to proceed with bond issuance process. There will be a lot involved with that. So you'll probably a lot more going forward. But we just wanted to give you all access and the opportunity to ask any questions and then your point mentioned a little bit of just kind of some background in place just as as you'll see a lot of lot of us at the meetings a lot of email go through a lot of discussion I just

want to make sure anytime question comes our team are always happy to help. We also want to make sure you have that information. So, so just broad over here. So, if you want to put out, could you please forgive me? Um, I'm getting a citizen notice that they can't hear the lights off again. I apologize. All right. Thank you. Red zone. There we go. All right. Yeah. Thank you very much. I appreciate that. Sorry.

No, no, that's a problem at all. So, yeah. So, the only thing I really said, uh, chap the PIDs are created statutory under chapter 372, the local government code. Uh, PIDs, as we talked, as Rudy mentioned, not a separate political subdivision, not a MUD, not an MMD. They're they are specifically really only created by the city, city councils, the de facto board. It allows, as Rudy mentioned, the city to extend the public infrastructure to to build more infrastructure without burning its existing tax base. It's have these are assessments placed on uh property that will become owned by future homeowners. So, it allows the city to continue to extend to build those things without levying taxes across the whole area. The way we we like to say it a lot of times is that it's allowing the localization of the cost of infrastructure. So the people who are benefiting from these roads, from these sidewalks, from the water, from the sewer, they are the people that are paying for it as opposed to the entirety of the city uh through through kind of like city tax. So this is a very limited assessment on those people. Uh as we talked about a little bit, this is a a tool that can be used when negotiating. here again we've already were at that place where the pits have been created but that's one of the reasons the pitch really come in and incentivizing uh growth and incentivizing annexation and incentivizing amenities that you wouldn't otherwise have so I know that was all I believe conversations kind of back when those development agreements were were coming in uh again growing the tat space that's obviously a big piece of it and then you're allowing to grow the way the city wants uh so again allows you to work with a developer to say these are the kind of things we want to see um you can go to the next slide So yeah, how PID works, Rudy described it very well. Not a specific district. It is really best thought of as a line on a map. There's a circle on a map that says in this area specific things can happen. So assessments can be levied that levied specifically on the property that benefits from that PID. Uh I know specifically one of the things we wanted to talk about is that an assessment is separate and apart from a tax. It is not

a tax, but it is also separate and apart from a city tax. So the city is still levying collecting tax on the property in a pit that's in its city limits. So that is not incentivizing the growth incentivizing that tax rate space is not negated by the use of the the pit assessments. Uh assessments a unique feature. Again assessments are not taxes. They are assessments specifically for that property. They can be paid off in full. Um a lot of times they're paid in annual installments over a time period. But a homeowner who buys property in a pit subject to an assessment can pay that all at once. Uh which is not something you can do with property tax. Uh it it's an assessment is that is a lean that runs with your land. So as somebody buys sells home that assessment is there until it is paid off. Uh they can be used as Rudy mentioned to pay taxes and bonds or to fund a reimbursement agreement. Here I believe the plan is to is to use those to secure secure taxes and bonds but to the extent there's more pits coming up that isn't an alternative. Uh and then administrative expenses. So cost for running the PID, cost for collecting those annual installments, uh cost for the county, cost for anything kind of city staff related, uh our our rule role as a pit administrator that is all included as part of the annual installments. So the intent is that the PID is really self-sufficient that it's paying for itself. Uh we talked a little bit about and again here we already kind of have the PID set up, but there are three main PIDs types of PIDs. You can have a pay as you go where an assessment is levied and collected as the developer goes into the construction of those improvements. You can have reimbursement bonds where the developer puts in all the infrastructure and then bonds are sold at the end or you can have upfront bonds where the bonds are sold to help fund that actual construct the infrastructure. So again we can go into more details want to just give kind of a high high level overview. So you can go to the next slide there. Um, so we know that pigs are a unique animal. Uh, Rudy and I have worked on opposite sides for a long time because we've I was a I'm a recovering attorney. I was a bond council for the last nine

years. So Rud and I have done a lot of these deals. Uh, and now working together. The city is not alone. U, you have a bid team here. Uh so you have city manager, city administrator, city secretary, you have your city attorneys, your engineers, financial advisor, bond council, us as administrators, and then when we go to sell the bonds, the underwriter and appraiser gets involved. So it is a big big group that gets involved in this project. So you go that slide. Uh so again, the PIDs have been created already. So really just a broad overview of some of the financial implications. PID debt is secured by assessments. It is not backed by the full faith and credit of the city. It is not backed by the t the taxes of the city. It is specifically backed by the assessments within the pit. Uh the issuance of pit debt does not reduce your ability to sell bonds as a city. Uh city can keep the avalorum tax can delete sales tax revenue that is that is collected in the area. The one note I will mention is it does count against bank qualified debt. Uh typically the development agreements and I believe these do last time I I think when we looked at them allows anytime a city sells bonds that prohibits it from selling bank qualified debt which I believe that limits at 10 million still.

It it is and so the city historically had issued less than 10 million a year but the last few years we're going north of 10 million and I would presume that's going to be a recurrent theme. um you know those that that's limited for small rural cities to get a to get an interest rate break uh but um um you know you would not have qualified this year or I think in 22. So um but it basically there's procedures in there where if they're costing you interest if they're costing you uh a high interest rate they have to pay you for the difference.

Yeah. So, so that's that is one consideration. Again, when we go to sell bonds, that's something I know Rudy will be very specifically looking at too and making sure Andre with the financial advisor Hilltop will also be looking at that. Um, as we said also, city's cost of creation that are related to the creating of the PID, I believe those were covered under PSA back in 2021 2022 when those were created. Uh, administration that is typically done by third party, which is our our job as P3 works. Uh those are also paid through the PID as part of the annual installments on those homeowners. Uh so I think one more there may be one more slide. I think that's kind of here. We really wrapped it up just as a very very quick PID 101. Um Lisa and I had worked together of this is normally a lot longer presentation. Uh but I didn't want to spend all of that time and now at this stage because we really wanted to make sure that y'all had your an opportunity to get your questions answered specifically about these projects. Uh so I do have a couple more slides I think on just a project specifically. Um so these projects both started back 2122 as the weights Josephine project those were broken into two development agreements the 1A and the two. So that's how we now have the morning side and the Morgan farms that previous developer so who signed those development agreements and sold the property. So, as you met earlier, I think it's Morgan Farms, you have Meritage, Morning Sides, Brightland, and then in that development agreement, one thing we wanted to point out is that there were specific fees that the developer had agreed to pay as part of that development agreement. And so, those are all listed there. A lot more numbers than I'll read off right here, but those include off-site water infrastructure fees, that's a per lot fee, an off-site sewer infrastructure fees, that's collected in both bids, and then also capital recovery fee. Um, so those were fees that were negotiated back at the time of the development agreements. Uh, that that as we moved into that, that's just something to to keep in mind as well. Uh, so you go to that slide. So Morgan Farms, Morgan Farms, 87 develop acres, I believe pursuant to the

development agreement that had those acreages have been annexed into the property. Correct me if I'm wrong here, but I believe Yeah. So I believe those had already been annexed into the property uh because that was signed previously. 43 lots, but the 310 asked me to build out price. And again, if I'll I'll defer to developers if there's any questions on that, and then a little timeline there of when this starts happening. Sounds like infrastructure is getting pretty close here to completion. And then they'll start the home sale on the phase one. So that first line is phase one. The second line is phase two. And then the next page is a is a map here. So I think y'all are all familiar with it. It's not very far away. I took a wrong turn coming down Main Street. So I actually drove right by this uh and part turned around in the elementary. Uh so I got to see the work here. And then next one is the morning side. So very similar 55 acre track. Those those acres were also I believe annexed into the property 215 lots. you got the the home prices there and our infrastructure starts kind of a little bit behind on the Morgan farms but still progressing and getting close to that infrastructure end date which is the main reason we are in front of you while Rudy's here because I think we're getting to that point where uh the financing of those improvements is is really going to become the next big piece. So I think the last slide here this is just the two of them combined. You see they do uh they do above each other. I think that Morning Side is really what right across the street from the elementary school. Um yeah, I believe that's the last one. That's the last slide there. I have Robert be close. Uh Stephen is here in his place. Uh so he can answer your questions. Developers answer your questions. Rudy can answer all the questions.

I got a question. I got a couple questions. These were originally I guess made four years ago. So prior to me, correct? Um have you had a chance to take a look at all this?

Okay. Okay. And then second, so from my understanding based off your presentation, I could may have it wrong. So a new homeowner who decides to say, "Hey, I like this house. I want to get into it." Are they going to be disclose any information up front saying, "Hey, they're also going to have to pay an additional thing because there's other districts that are within our city, they get, hey, I didn't realize I also got to pay this other fee on top of other things." and you know, do they get the same rights and all that good stuff as everybody else? Sometimes it is, sometimes it's not. And it's disclosed that it gets a, you know, a lot of pass in the buck who's responsible for what, who don't want to pay for what, based off how things were developed. Also,

the infrastructure that you guys are putting in, does the city have any input on what size? All that good stuff. And is it going to match up with currently we have or at least exceed as the city grows? We want to make sure that hey whatever piping size and all the infrastructure that we put into the ground is going to meet let's say a 20 year or 10 year however because these were designed four years ago and I wasn't sure if that's still in par in a direction that we need to grow as a city. Yeah.

So I I'll answer those. The first question uh the truth of the matter is that you know the the you know maybe you might have a model home. There might be a sign that says it's a pit. There'll be a pit fee. uh the the Texas Real Estate Commission, they give the standard forms for purchase contracts. I think it's it's right there, section seven. They got to check, yes, you're in a PID, what the fee is. And then by statute, I think it's 504 of the property code. They have to give the notice. A new homeowner is going to ignore all that. They're never going to realize any of it until they see the bill and they get mad and they can come yell at you and then you send them to Jordan. And that that's how it goes. Nobody pays attention. and I have friends that are moving into all these pits I'm financing all over uh Rockwell and County and and and and I'm like, "You know, you're in your pit." He's like, "No, what's that?" I said, "Well, you got to pay an assessment." Now, I'm a veteran. I don't pay it. I don't pay taxes. It's not a tax. Uh it's a it's not a tax, but it is administered procedurally. All the procedures, how to collect it, everything cross references the property, the tax code. So, it's collected like a tax. it's uh it's you know managed like a tax but it's not a tax. It's not a property tax. That's that's your first question. The second question is typically the nice thing about negotiating is you would negotiate like development standards. So you would say yes, we want to see this size pipe here. You know, yes, you're going to be building there, but maybe somebody moves in after you. So we don't need a 6-in pipe. If there's going to be another 2,000 homes behind you someday, we need a 10in pipe. And that's called oversizing. and end the city and the developer decide how to split the cost of that. This was done quite a while ago and so these development agreements I don't think were as detailed as maybe the ones that we see now. Um I don't know Steve but but there should be some sort of development standards that are agreed to in there

and so that that's all that was all negotiated. That's all been established.

Yeah. And and and to add to that as well, so especially on that first point, the the the home buyer disclosure as you said that that is a statuto requirement, it is part of that package that the homeowners do sign, but that is our job as a pit administrator is if a resident calls and says, "What is this?" We have a team that's specifically there to answer those questions. So every single year, the statute requires that we come back with a SAP update. And as part of that, as homes come online, there will be a home buyer disclosure that's attached there. So that any person who buys a home, that is filed with it as part of the property records. So to Rudy's point, there are lots of statutory requirements and paperwork requirements. But to the extent anybody is not reading those and has questions, that's what our team is there for is you all should be answering those questions.

Yeah. Just for the record, when you ask about the standards, my understanding is engineering and subdivision standards have been in place for more than four years now. So they're the same as our current standards. Perfect. That's very helpful. And then then the other side of that as well, one of the one of the roles as as we go through the administration that Rudy and I will work a lot on is going through the actual improvements specifically that are being financed. And so making sure that those are up to the city standards, making sure that those are providing the benefit that that the assessment is being levied for. So at this point, the PID's in place, but no assessments been levied. So we are still going we would still be going through all of the all of those pieces to make sure that's up to that standard.

So, the resident or the new potential homeowner is essentially paying for the infrastructure, correct? Are they also going to is any of that development also paying for emergency services or any kind of water services as well? Is that going to be an extra thing? The the water services uh e

or any utility service, sorry, or emergency services. So, so generally speaking, no, you know, obviously you bring in 500 homes, that's going to be 800 to a,000 new people, right? And so, that's one of the reasons you charge these fees, right? So, you're getting a a big fee to understand and they're helping build some off-site infrastructure uh for a sewer line uh that will benefit not just this divi this subdivision, but future subdivisions. So, there that's part of the qu quit pro or the city tries to ask them to offset some of their costs. Um but for ongoing um you know maintenance of utility lines uh no they have to usually give a 2-year bond where uh once they dedicate it it's got to if anything breaks in the first two years uh they've got to come and fix it. uh maintenance bond is typically and um

but uh for emergency services generally not uh there are some cities that have done separate PIDs to provide for that kind of thing but that's pretty rare. Yeah. And especially with with with it being in the city it would be the residents there who are receiving city services would be taxed for for those city services just as part of as part of all the other residents would be. Um so the the pit assessment is limited to those improvements that provide a special benefit. the statute requires a special payment of tax there. Just just so I can chime in just a little bit, we've had some issues with our our mud district and some misunderstandings with residents about,

you know, um why is there a public safety fee? And then our residents in town don't pay a public safety fee. So, this won't have that issue because they are paying city taxes. The PID um homes will be paid city taxes as well. So, there will not be an extra public safety fee if that was a question. I'm good. Thank you. Okay. I have a question, a couple questions. Um, have you worked out a water model with the city because um to make sure the water pressure and all that's going to be okay? Yeah, that's going to be an engineering question here.

Yes. As part of the engineering review process and putting together our plans for submitt to the city's engineer for review, there is a water study that's in place um to make sure that there's enough pressure within the existing system to maintain your TCQ minimums for your water pressure. Okay. Yes, that's a good question. So, are you paying for that study or are we paying Yes, that's part of our engineering fees that are the fees that we incur for designing the development. And just remind me again on the lot frontage. How how small are those lots going? So our lots all of our lots in Morningside are 50 foot lots.

Okay. And Morgan Farms development standards now, but as I recall correctly, they were designed at the same time. It's the same. They're all 50 foot lots. Okay. Thank you. For what it's worth, that's, you know, that that's pretty good size. Typically we have developers fighting tooth and nail for 35 foot lots, 45 foot lots. So I think they I think they tried, right? Yeah. Yeah, they tried.

So for the um So for the water, you're you're basically going to start construction and all that soon because we were I'm guessing you had the discussion that we're not going to have enough water for our citizens until 2028. And so I'm guessing you have something worked out. engineering side that we have enough water for them.

I think there's a I think there's a misconception of what water we have. I think we we're not going to run out of water. I think from what I understood is that we have planned developments and all of these developments that have been planned are approved and we do have enough water for those developments. Correct. We do not have more water to approve new developments. So if for instance another subdivision came in today, they would not get approved until we get more water from well Texas. I think that's the mis big misconception of what's going on. We have our water under control as a city as of right now. We have no issues

and they're going to get the list of when they can use the water because of the water restrictions that we already have in place. They they will be able to do business as usual just as the the rest of our customers do. So we have enough water to serve them. Okay. So they're not going to be subject to water restrictions. No, everybody will have the same restrictions. Thank you. Thank you. I appreciate that.

And you had a question about like construction of it. When I made my update earlier, I specifically mentioned kind of status of Morningside and Morgan Farms. They're actively constructing those utilities as we speak. So a lot of them are already in the ground. I actually worked on this project four years ago with the previous developer and their engineer at that time. So all of the commitments to water capacity, sewer capacity, those have already been allocated for many, many years. Um kind of paring what Mayor Proen said. And and our engineering inspectors go out there and make sure that uh those standards have been met on an ongoing basis.

Yes, ma'am. We have regular inspectors that are out there every day making sure they're following installation practices that are required by the city of Josephine. So Okay. Thank you very much. Any other questions? Thank you guys very much. We appreciate your time. Thank you.

All right. No. No. I'm not I hate them. I hate them.

I don't know, but It's impressive. We need to send everybody's questions to after we'll be passing out your card. Yeah. All right. [Music] Give me a second. I'm giving him a second. All right. We're going to move on to item 4.5. received monthly planning report from the city planner McIll.

Um, honorable mayor, members of the council, um, we had a Oh, mayor's not here. Mayor Prom, members of the council, uh, we had a pretty active uh, month and we expect the next u couple of months to be even more active. So, we do have two active uh, concept plants or site plans. Um, the engineering report from Kimley Horn covered them pretty well. Um, we do have comments on both that still need to be addressed, particularly with drainage. So, we will be scheduling meetings with those developers in the next week or two to go over those comments and minimize uh further resubmitts. Um, we have three code amendments that are being presented to the planning and zoning commission this week. They will be coming before you next month. Um one is a threequarters majority and that's based on just um complying with the changes to the state law. The next one is about the preliminary engineering and that is to ensure that land developers particularly in the commercial site as they're doing their due diligence they like doing preliminary work first before going all in and also to allow for changes as site constraints come up during field. we we still have the ability to request the final detail before they go to construction. So, this is kind of setting up the stage for revamping our development process to streamline it to to make it more easy and fall more in line with the more um the cities that are seeing more success in retail and restaurant development. Um the very next item, excuse me, my apologies. Um and then the third one is a zoning change to um remove some automotive related uses from our uh general commercial zoning district. And that is a direct response to an increase from uh

gas stations and other automotive related uses trying to go into our city. So um we've heard plenty of feedback from people concerned about having a third gas station. So adding more is probably not the best direction. So, I will be visiting with the city attorney to go over um the legal non-conforming designations. There's some concerns about if there is say an accident or an act of God, can they rebuild? And our code is a little vague on that. So, I'm trying to make sure I can provide clarity and protection for the existing businesses. Um any questions so far?

I um if you go back to the active case number one. Yes. Um, it's my opinion, but I believe that less is more. And I'm wondering if you could remove under section A, um, item one and item two because it's pretty strongly wor word worded about a person who owns a business in this city. And it says that the developing I'm not going to read it um but I think it's pretty strong and could be misunderstood as being um harsh against the person that's working um saying that they don't fully understand is a very strong statement

and I just like to see one and two removed um because less is more. Um also um if that's okay

that's fair. Thank you. Um, also regarding the three code amendments, um, you mentioned on the fifth line of A that the city must eliminate this provision from our code ordinances. My understanding from the three new laws, including um, Senate Bill 844 and others um, are that um, that's not actually fully correct. that there can be a difference um in the three-4s majority in different situations and House Bill 24 and House Senate Bill 840 and Senate Bill 15 also address that.

This is specifically only to the situation when there's a recommendation of denial. All the others are code is silent. So we automatically defer to state law. Correct. And the new legislation of House Bill 24. Maybe we could revisit that offline at another time. Sure. Yeah. But but this this request is specific to this instance and this is following the repeal of that section. So basically the state legislature wanted to remove the barrier for and make it easier for a reasonzoning that's contested to be approved when PNZ recommends a denial.

That is correct. Yes. Um but the way that says must eliminate this provision. There are situations where we would go a different direction regarding House Bill 24, Senate Bill 80, Senate Bill 15, and Senate Bill 844. Yeah, I'll be more than happy to clarify in the between now and next month.

Thank you. And um the issue about the preliminary plat, you're asking us to give the um city engineer a preliminary plat only. However, there are many um recommendations to not fully let that happen to continue with the final plat as the final engineering plans in addition to the preliminary plans.

So, and and engineering can chime in on this change, but when we have a preliminary plat with associated engineering plans, it makes it extremely difficult for us to complete our review on time. And with the, you know, we have the state breathing down our neck with a 30-day shot clock. And that is just in my op opinion and engineering can concur. I'm not sure that they have enough time to fully review a full what's called a 3D detailed set set of engineering plans. This still will provide a safeguard to ensure that the preliminary plot gets approved with preliminary engineering because that'll determine on the city staff our comfort level when saying yes this is something that we can feel comfortable that you can go into the design. So it's it's it's really to ensure that we still have the ability to determine the feasibility on the city's perspective and infrastructure and services, but it doesn't really force a developer to go out and do all this work if it turns out to be something that's not going to work. you know it and it's really about particularly with the commercial developments u especially when you have um PDS you might find that after one site of a PD gets approved then the developer may change their plan so then we have to go back and potentially redo engineering so we're really just trying to streamline the process but we will make sure that there are safeguards to protect us from you know making sure that our development that does come in is something that adds to our city and and and it's an improvement and and an increase.

So, Jacob, are you so busy you can't do things in 30 days? I mean, is is Well, Jacob is not reviewing development at the moment. It's actually Kimley Horn, but this this aligns with but but it said engineer engineer. So, but I mean

I think it's got more to do with that 30-day shot clock includes multiple reviews. And so if we review it, send comments back, they take two weeks, three weeks to revise those comments and then they send it back. That only gives us maybe a week to turn it around. So doing the preliminary plat with the preliminary engineering plans instead of full engineering just gives us the time to preliminarily approve based off of the ordinances and then we can get into the into the weeds of the actual design with the construction plan approval. So we'll still look at the construction plans and their detailed review but the preliminary engineering is just more of a high level. Does this meet the basic code requirements?

Okay. So the engineers with you not the city engineer Jacob. We split services. So, Elizabeth does a lot of the internal city limit design review. Um, I've been more affiliated lately with the MUD, okay,

developments. Um, and I can kind of give you an example. So, the Wildflower development, that's a forthcoming development, you know, 3,000 plus homes. They're going to submit a preliminary plat for the entire development at once. And asking them to provide final detailed engineering plans for a 30,000 home community would probably be unthinkable. That would take them over a year to design final plans. And so a lot of times what we do is when they submit a phase at a time, they'll submit their detailed plans at that. So with a big big community, they did this with Magnolia, they phase things in and so at the time of preliminary plat for very very large subdivisions, they often times submit a preliminary set just to give you a layout of how things are looking, how we want to do it and then they'll come back with more detailed stuff as each phase progresses.

Thank you. That's very helpful. So I have another question for engineering because does this cost more? Does it what does this cost more? We pass cost through to the applicant. Well, if if you ask the question, does it cost more to who? To us or the developer? This this saves for for the city.

Well, our costs are passed through. So, it's cost neutral to us. Uh essentially this does uh streamline uh the development process and reduce cost to the development because if they find that the preliminary engineering the city finds it's unfeasible we can deny it and we'll have the grounds to deny it even based on that preliminary engineering and they don't move forward. So essentially we're particularly I'm more concerned about retail really than residential is I don't want them to spend a lot of money and then finds out they can't really do it. that kind of puts a we're trying to eliminate barriers for you know particular the retail development. Yeah. Thank you. Thank you. I appreciate that. Sorry. I don't know why I stepped back. I'm sorry. Yeah. Okay.

Thank you. So um any questions on the zoning change? Um on chart amendments. I looked in our ordinances and I could not find the word chart amendments.

It's it's a use chart. So, it's this was just a heading for use chart, but it's it's section 22 and it's our our use chart. And our PNZ agenda is already online. I can forward that record, but it's really just requiring SUPs for some uses that are automotive related. So, you'll still have the control to allow it, but it gives you more control because right now I had two others already inquiring. Now, this doesn't stop them from going to the ETJ, but since we have little land that we can collect uh you know more sales tax on in the city limits and have more control, this is the urgency behind that change. Thank you.

Um case tracking is ongoing. We kind of had kind of paused it because um we realized there's a uh we have no case numbers right now. I'm trying to create that from scratch and then I realize finance already has had that. So to streamline that and ensure uh accurate recordkeeping for costs, those pass through costs, I'm I'm kind of putting that on the back burner a little bit while we regroup. Um you may have seen the stakes already here at the food truck park, so they'll be ready to pour in the next couple of weeks and we're going to start looking at furniture options and shades. So, um, we understand that somebody is intending to, uh, potentially do a farmers market in our city park and is seeking interest in doing that. So, it's very preliminary. It's just an initial inquiry, but we're trying to rethink potentially how we lay out that area for the walkway and tables to facilitate those kinds of activities as well to kind of activate that side of the park as well. Um the UDC is a little bit delayed. Um so regarding the fee schedule update, this is just for planning and development fees. So um we're going to look at partnering with UT Dallas. Um they've done this with other cities uh to review their their fees and ensure that it is costneutral to the city and the city's you know essentially getting fairly compensated for the services that we're providing while also maintaining a competitive level. So obviously we want to be competitive but we also don't want to make sure that we're fairly compensated. So our scope of work is increasing right now. for example, a plat review or or or subdivision site plan review. Um, it's only the engineering cost for the 10% administrative fee. And to be frank, I'm just not sure if that's enough for the city to really cover its

its administrative costs. Um, so that's that's going to be forthcoming. Uh, regarding transportation planning. So, um, uh, Kirk was able to get our, uh, speed study going on and our our results are forthcoming. Soon as we get those, we'll we'll share them with y'all and then we can look at options. Um, the outer loop. So, um, y'all saw the alignment on the website. Uh, you may disregard all the other stuff about a potential shift. Um the city of Nevada last week approved or a resolution supporting that current alignment closer to their city limits. So Colin County sticking with that. There are also environmental and utility constraints that prevent it from going towards the middle. So our residents are uh from what I saw on the public comments, our residents are finding this result to be favorable. We feel really good that our input was able to get this get this change happening. So we feel this is a very positive outcome for our city and our ETJ. Um and once that alignment is finalized, we may have to explore future land use map changes to reflect the new opportunities and potential challenges in terms of encroaching development on those residential subdivisions. So trying to create some buffer zones and things like that. Um there will be a public meeting in November like just like the one we had in the spring to receive public input. I I strongly doubt that there will be changes in the alignment. Um, we're meeting with Hunt County next week or sorry, this Thursday to kind of go over development trends on their end and what are their challenges and opportunities, things that we might not know about. We want to start creating a more um constant communication with them. And we're going to look at their thoroughare plans and other efforts to align them. you know, now that we're calling county's almost done with their

planning efforts, we want to align those with with Hunt County. Um, I talked about our park control master plan. So, that's coming to PNC this Thursday and then to you all in November for adoption. Um, I've reviewed the the draft. Um, I have very minor comments that will be addressed between now and the city council meeting, but other than that, um, I feel very good with the input that, um, the public generated and they incorporated that feedback into this plan. Um, I will be going to the APA conference next week and I do want to reach out to graduate schools across the state. U most of them help small towns like ours with their downtown or other types of plans. We feel we can get some really good quality and innovative products and I feel that our city center plan could be a good candidate for one of those programs. So I'll be reaching out and I'll be informing you of the results. But we feel that that could be a good opportunity to not just mentor younger planners but also get some newer and fresher ideas for activating this this area. Um, we are going to see, I can tell you, at least two resoning, straight rezonings to commercial on some properties. Uh, and I can think of at least one PD that's also going to be forthcoming in the next few months for mixed use. Um, and there are some developers that are outside our city limits that have expressed an interest in annexing, which could be a great opportunity to um, assert more control over the development, but also bring in the sales and property tax revenue. And, um, the UTD aerial map is ongoing. We expect that to be done by uh, probably the end of this month. Any questions?

Um, I just have one quick one going back to the fee schedule with UTD. Mhm. Um I'm assuming that's going to be less than 50,000 because there's no request for qualifications or bidding. It would be. Yeah. Far less. And if it comes to that threshold, we would follow the The next question I have, can you explain what you need from them that you can't get on the internet? So Plano has their fees online. Vanalston, Cattle Mills, well,

all these other cities already have for free their development fee schedule online. So what is it you're missing? It's not really that I'm missing much other like I can get this information but this this study does involve a little bit more statistical expertise than I'm used to or that I'm experienced in because this would involve not just the class group but a professor and really I'm trying to focus workload wise I'm trying to focus on some of the other other uh development matters that I'm you know reviews zoning cases future land use map and some of the comprehensive to planning elements. This is just to kind of um outsource the work but at a very minimal cost. I'm not seeking to outsource everything I do, but I'm trying to it's it's an educational opportunity, but it also uh it's at a lower cost for us to do some of that work.

When you say minimal cost, I don't have a number and once I have that number, I will bring it up to you and ultimately ultimately council regardless of the cost. That's not something I'm comfortable seeking administratively. It will be coming up to you for approval. So, it's coming back to us. It will be come back to you regardless of the cost. I want to bring this up to you and the professor will be here to present the scope of work and things like that.

Um was um I think the you also mentioned powder coating in your report or is that later? Um, that is something that we're still working with text dot on the powder coating on some of these. It may have already been too late on some of the Yeah, you said that last time. The traffic lights. I don't have an update on that. Apologize. Thank you very much. Anything else? Appreciate you.

Thank you. I make a motion to approve the monthly planning report. I'll second wrong. Damn. Sorry, my uh agenda just closed up.

You can mark mine for for I've got to reopen the packet again and I can't find it. What was just motion carries 5-0. All right. discuss, consider and act uh um an act regarding adoption of proposed municipal uh development district bylaws. So so what you have in your packet is um the suggested changes by Dr. Sardo. I did not receive any other comments from other members. So you have the um what she suggested to either be stricken or changed or added and then alongside that you should be able to open up the city attorney comments um as related to her suggestions. [Music]

So I'm good with and with this with the uh the comments um from the city attorney there. There's about a dozen or so that it's either a request the council to agree on or um I think there was actually one in here for finance as well and a couple of them that the request for the city attorney to comment um on. I'm good with approving this as with the city attorneys, but I would like to and I can read them off. There's only like 12 of them, I think, but have it come back next month and have the other 12 items um clarified or we debate them at that point. If everybody'sable to that, I agree.

Okay. So, I'm just going to call it out as comment um BJ2, which is the actual comment that needs clarification. BJ3, BJ12, and let me know if I'm going too fast. BJ17, BJ23, BJ28, BJ 32, BJ33, BJ36 are the ones that need just a little bit more debate or um clarification on it. Um, and then there's one page that's left blank. I'm I'm assuming that's just formatting.

I would think so. Okay. And then there was one spot where it actually had an item F um with nothing after it. So I'm assuming that's formatting as well. I I think it was when we added it just didn't go away. Okay. And thank you to Brandon. I think you're the one who took the bull by the horns to write this up, wasn't you? Brandon helped me greatly. He retyped all of this for me. Thank you. I know this was tedious. Thank you. So, if nobody has other comments or questions, I'd like to to go forward that motion and then bring it back next month. Do we have to actually vote that or just table? Just so I'm clear, but you do want me to go ahead and incorporate the city attorney comments I suggested.

Yes. So, I make a motion to um adopt with the city attorney comments and then clarification on the items I just previously listed.

I'll second. Thank you. Motion carries 5-0. We're going to move on to item 4.7. Receive an update from staff followed by uh discussion regarding traffic safety concerns on FM6.

Kirk or one of you want to provide a a quick update? I know we kind of addressed it just a minute ago, but maybe just a little bit more detail about where we are on that. Yeah, Mayor Prom Council, uh, I did reach out to, uh, Hunt County and I did follow up Thursday. They have another couple weeks before we get the actual results back and then as soon as we get them, we'll share them with you. But they did do a speed study, correct? Speed study. Yes, ma'am.

What's involved in a speed study, Kirk? It's going to be a traffic count and it'll have specific dates, you know, times, tell you what the flows are of, you know, the heaviest time periods and it'll uh it's actually a really good tool for us and planning because it will tell us what the traffic flow trends are. And then from there, we'll pass it off to the chief, the fire department, you all to look and see if we can request to lower the speed. That was the intention. So the option is still on the table to lower the speed out towards Riverfield is what as I remember the last discussion we had I heard that they said that there was not enough room to buffer from 55 or 60 to 40 or whatever.

I talked to the regional office in Paris and this is the direction they told us to go. Gotcha. So I guess that would but does that mean that we would probably if we did lower it we would have to lower it all the way from Riverfield all the way through to the 40 mile from I can't answer to get a little closer to the microphone. More than likely, we will have to Yes, we'll just have to ask and follow the direction. Gotcha. I got a question, Chief. Does that trailer that we have, does that not give vehicle count, speed data, and all that good stuff? I mean, the answer is no. Are you sure? Uh, not unless they

that speed trailer does not have a count, but we did have some uh equipment from Stalker that was uh on a loaner here a while back and it's approximately 8,000 cars a day on FM6. The reason I knew that is because we bought that from uh a local resident and it was a older trailer and we upgraded it oursel so with the previous chief Any other questions? Thank you. Thank you.

All right. Item 4.8 discuss consider and act adopt an ordinance regarding regulating golf carts and ATVs. So you want to give us a little bit of an update of uh Yes, sir. uh Mayor Pro Tim Councel uh myself and the city attorney worked on this together and we addressed uh not only the golf carts but the off-road highway vehicles too where where both of them is going to require that they have liability insurance. Uh there's a lot more to it than just that. There's requirements, you know, by law that they have to do to be able to do that in a lawful and safe manner. Uh there was one item that was uh omitted accidentally. Uh so on the copy that you have it kind of stops at 120 09.04 but there's also one more uh section of that which is 120905 which concerns uh public safety personnel. So, this would make it uh if they were in the performance of their duty that they would be able to with uh in the city limits ride it. Uh we don't have any equipment like that right now, but in the future we we probably will have some more like that. Any questions? Um yeah, I've got a couple. Um so, in the new ordinance, it basically states that you can't drive golf carts at night. It says only in daytime. During the daytime on section uh one, I guess it is. The maximum speed for public street is no more than 35 miles an hour during daytime.

Rob, uh do you recall any of that? Do we can we strike that? Can we change it to where unless they have proper lighting? They have that in here. That's down on section five. It says a golf cart has to have headlights, tail lights, reflectors. So it I mean when I read all the Texas code law on this, it basically said it can be allowed if they have the proper lighting. So it's really up to us whether or not we want to allow it at night. Yeah, I agree. Where you looking at, Gary? Again, the very page one, section one, Simmons one right here in the first first one.

Yeah. I think we strike during the daytime. Second sentence of that number one there during I know like at Halloween I know that especially in high meadows there's a lot there's a lot of them driving around. Yeah. Um the other thing too is the license plate issue which is the paragraph above that. Um under the Texas code it says that we have the ability to not have them have to get the registered non-registered only in the city streets but not on Texas highways. If they drive it on Texas highways, they have to have a blade special issued by the department if they're going to drive on Texas highways. Right. Yeah. Yeah. But

that's not required. That's not on That's not on state highways. That's only city. Well, from my understanding from my understanding, they're not they're not legal on foreign market or state highways. Either one. no matter what you have on. They they are under a quoting according to the quote or the code that you're actually issuing here. This uh 551.402 that actually states it that that it has to have that license on there for anything that's under 35 mph. So obviously, you know, FM6, it can't be because it's 40 miles. That's what I'm saying. Yeah. Because speed limits over 35 miles hour. They can't have it. But that's the only time the license plate is required is if it's 35 or lower on a Texas highway, which we don't have any of those in our city.

Okay. I'm sorry. I misunderstood what you were saying. Yeah. Yeah.

Because it won't it won't apply because these are all, you know, the lowest is 40 m an hour on state highways. So if it's a city street, we have can determine whether or not they need that license because under that same section, which I've done a lot of research on this, um in that same section, there is a proven provision within that um that basically states that a person may operate a golf cart uh on a highway in a manner authorized by this sub chapter only if the vehicle displays that except for if you're in a master plan community. Most of our neighborhoods are classified as a master plan community because they're more than one subdivision or more than one lot in a subdivision on a city street.

So I I just want clarification which way we want to go as a council. Do we want them to have to go through the burden of getting a license plate or just say, "Hey, if it's in a city street that's below 35 mph, you have to have a license, driver's license, and proof of insurance and well, yeah, and the safety equipment." That's up to us as a council. So, I just want to clarify that point before we look at anything else. I want to ask Rob, Rob, is that your take on it?

The city can only do what the statute permits you to do. You can't leave out anything that's required by the statute. You can't add anything that's not in the statute. Uh there may be some optional things in here. The license plate, for example, is under a different statute than the ones you're reading from, as is the insurance. Do do you want the statute? I can give it to you.

Separate statutes that apply to motor vehicles on a public street. Proof of financial responsibility. The license plates are required for them if they go on a public street at all. Yeah. I don't think I don't think what you have is is what's called a master plan community. You have to have deed restrictions that apply to all the lots in those. And I don't know of any that have. So I'm not sure you fall in that category, but anyway, this is this is the most you could permit. Uh you don't have to permit them.

So So let's just read the statute as it reads from Texas Penal Code. A the Texas Department of Motor Vehicles may not register a golf cart for an operation on a highway regardless of whether any alteration has been made to the golf cart.

B. A person may operate a go-kart on a highway in a manner authorized by the subchapter only if the vehicle displays a license plate issued under this section. C. The Texas Department of Motor Vehicles subsection one shall by rule establish a procedure to issue license plates for golf carts, which is an off-road license plate essentially may charge a fee not to exceed $10 for the cost of the license plate to be deposited to the credit of the Texas Department of Motor Vehicles fund. And D, a golf cart license plate does not expire. A person who becomes the owner of a golf cart for which the previous owner obtained a license plate may not use the previous owner's license plate. So we in ours we're asking currently as a situ we restrict them to daytime only and have a driver's license and have proof of financial responsibility. Uh my opinion is I I mean this doesn't say anything about city highway or city streets. highway is pretty much as as as I enforce I mean there's their there's city and in their their state roads and

it's any the city street has above a 35 mph speed limit there highway is a kind of a generic term there includes city streets and roads and anything but an alley probably so my question is is what do you feel comfortable with I mean I we do have some golf carts in our neighborhood ood, right, Alex? But not probably to the extent that you guys do, and I know this is near and dear to your heart. So, do you feel comfortable with them just doing the financial responsibility and the safety and the driver's license and then not worrying about the license plate? I mean, cuz if we do that now, we have to issue them as a city, right? And now we put responsibility.

You you issue them out. You have to go down to the the tax office and get tax. So, it's not going to be It's a It's like a TX130 form you got to fill out. So, it's not through the city. Okay. I was thinking if we're issuing them for a city, not for a state, cuz you can't drive them on state regardless, right? So, it's issued still issued through the state, then it's not Okay. Well, you can drive them on a on a highway if it's less than 35 miles an hour with a plate.

I care as long as they're they're visible whether day or night. I care that that if that vehicle that they're operating crashes into another vehicle that there's some liability insurance for the for the I guess the the the person's vehicle they got hit or damaged to or somebody gets injured. Um and then they I guess that's really it. And long as they're visible day or night, whether that's headlamps, tail lamps, reflectors, park and braking, those are all of this going to be enforced through, you know, JPD. But Mhm. really if they have a driver's license, I mean, I mean, they need, in my personal opinion, they need headlamps if they're going to ride at night. No reflectors. I mean, they can have reflectors on the back,

but I think they need headlamps cuz you're I mean, they're not going to be able to see. But I mean, can we even say that, I guess, is the question. I'm good with all of that. And we can cuz we're the city. we can do that aspect of it and that's kind of aligns with the state law. The only thing that I had a concern with was the burden on the homeowner or the the property owner, the golf cart to have to go and get licensed. And if we do go down that route, do we do a grace period? Do we I mean, how do we do that? Because there is a lot of golf carts in the city. There is a ton of golf carts in the city. Yeah. Well, we're going to have to do it intentionally on the enfor I mean on the enforcement end of it, we're going to have to have some sort of

grace period. The only thing I don't care to have a grace period for is insurance, right? I don't know that we can pick and choose what part of the state statute though we get to use. If we can do this without licensing, we need to. I just don't know. I hear one thing here and think somebody needs to make a decision kind of trust the city attorney. Yeah. All right. Well, so I think I think our direction would be that we need to get the license, but everything's I'm good with everything else. I don't know if you guys are just just a license plate piece of it in the daytime. Okay. You got a motion?

I think they should have a driver's license on their vehicle. I I think that's going to be that's probably going to be the number one push back push back is is driver's license, but every I mean majority of your ATVs or UTVs or whatever say it on there that you have to be at least 16 to drive anyways. It's hard to get insurance on something you're not licensed for. Yeah. Right. Yeah. Yeah. Yeah. You have to have that. Yeah. It's just a license plate issue is what I have. So, do we have a motion? So it's it's a one time only $10 charge for permanent license plate and stays with the vehicle forever. It's not a big burden. Have you been to the DMV lately? Hey, call.

Have you made an appointment to the DMV lately? It takes three to four months to get into them. Yeah, that's not my problem. Well, exactly. You don't live here. That's what I'm looking at as the undue burden on the on the the actual person that we haven't had this in place and we're going to put it in place. I don't have a problem if we decide that we're going to put license plates on, but I'm saying we've got to put this out and get people educated and and there has to be a grace period to get that license plate on there or we just don't do it at all. I mean, that's that's my concern is that the undue burden and we just had a board of adjustments for undue burden, right? This is undue burden on our citizens if we do this. That's what I'm looking at by the law, but we can't ignore it. This goes to

I'm not saying ignore it. I'm saying go do the research and make sure that that's right. From what I'm reading, what I'm reading in this right now is that they're not required for city streets. That's the way I'm interpreting it. I just gave you the codes. Okay. So, if I'm wrong, I'm wrong. I'm I'm I'll admit that. But the way that I'm seeing it, it's not there. Yeah. Well, let's make a motion. [Music] Yeah. So I have to make a motion to table this until the research is done. Let's do that. So and then what is that you're wanting to research the license plate? Okay. I just want to make sure is the only point of highway roadway. Yeah. You know I mean those those all have definitions in the penal code.

They do. I think in the daytime too. So are we sorry we need to cut the three words of during daytime out. So yes, but we can't even really do that without even without knowing what we're doing. We're not even passing the ordinance right now. Yeah. So maybe also a a definition for master plan community and city street versus highways and things like that just to offer some clarity as well. Yes, that would be great to have given the staff instructions on what to come back with this for. I understand. Yeah. I'm not trying to pass. Okay.

So we need to find out about that. We don't want it to be just for daytime and we need to come back with information whether we can legally uh omit the license plate requirements and that's it. Correct. Correct. And after we get those stated we can then we can move forward. We need this. Yeah. Okay. Okay. Moving on. Thank you. Thank you. Thank you chief for putting together. Okay, Rob. All right. 4.9 discuss uh consider an act uh to direct staff to adjust the community center. Motion.

We need a motion. I'll make a motion to table the golf cart till more research is done. Second. Oh, we already made the motion. Looks like we have a golf cart we're going to put on the table. We're getting close. That's important.

Come on. Where's your hand? I I agree. how the best. Would you like me to mark it for you or just agree? Motion carries 50. All right. 4.9 discuss consider an act to direct staff to adjust the community center use policy.

Okay. Um, we adopted a policy, a use policy before we opened up the community center, uh, for the public for renting it, for renting the venue. We knew that we wouldn't be able to anticipate every situation. So, um, that venue is rented more often than not, it's we've had a crazy amount of rentals. Um, Jerica may chime in from time to time because she's the one that actually uh, deals with most of those and makes the arrangements. We've had a few questions come up and we just want to make sure that um we know what your wishes are and that we allow for fair use and reasonable use of the facility. So just a few few things that have come up. Um couple of them are justformational. We've got two churches that have booked the facility every Sunday through the end of the year. Um it doesn't seem to be interfering with anyone else at this time. So we don't have a problem with them. Just letting you know how often that it is used. Uh we also have some other requests that sometimes we question whether or not we should allow the use. Um we have things as simple as recurring art classes, instructional type things, but we also have people that want to use it for more activity, uh physical activities like dance and cheer. Um and we kind of feel like the the building really isn't meant for that type of activity. It's not a gym. It's it's not doesn't have hardwood floors. um it's not really equipped for that kind of activity. So, we'd kind of like to get some clarification if you're more comfortable just keeping it to more of a kind of a classroom use or um not quite gym level activities and kind of get your opinion on that as well as some other questions about how often people can use the facility or rent the facility. We just don't want anyone to be able to be knocked out of use because someone's got it rented consistently. So,

um, you mentioned to like we have someone that's wanting to rent it all day for three to five days a week or three three days a week, which would limit the use of the public to go in and use it. Um, and they're trying to use it three to five days a week during the day, all day. All day. What's the purpose? Uh, one of them was I think it came across as an art class, but it's where parents drop off their kids and it's two-hour increments, but I think you can enroll your child for more than one class at a time. So, we have large groups of children all day long. Um, and it looks more like a daycare to us than it does just a

Are they charging a fee for these kids? Yes. That's We're not real comfortable with the daycare feel of it. And

I mean my thing I mean my thought process is is like we we built it to give it to the public but at what point do we say like where where do we draw the line is what I guess the next question is because like if we for instance when we had our um meet and greet last week I had one 18-year-old student that was telling me that he goes in there two to three times a week to study and uses the internet and studies and whatever and uses it as an area. And if we have somebody that's leasing it during the day, three days a week, that limits his use and that's a problem for me.

Mayor Proim, if I may. Um, so with everything that's kind of came up with our current like staff, anyone that's dealing with this, I put together like two different options and I feel free to like change anything, but I just kind of wanted to simplify it. So the first one would be the reoccurring issues like or the reoccurring rentals, sorry. Um, how many do you would y'all like to allow? So when someone calls us and asks, hey, I want to book 10 days out of the month, are y'all okay with that? Do we want because then you know you do have those people that call and that it's reserved by one in particular resident and this has happened multiple times. People love the community center which is great what we want it for but do we want it to be for more than just one to four residents or communities or organizations are okay with that. Um and then this the second thing is limitations per ren. So like if one organization how many do you want them to allow per week per month? Um, and how long do you want them to be able to book out? So, some people are trying to ask for like two years out, uh, one year out, six months out. Our current policy only does a 90 days, and that's what staff follows. We've made a couple exceptions for weddings because they've asked for like wedding invitations and things like that to get out. Um, the parent drop off style was the third thing. Um, and that was more outside of just the one in particular that Lisa was speaking about. There's been other people requesting can they do that um type of event and we just want to know are we okay with that? Maybe like birthday parties are okay like if they dropped off their kid are we okay with that but we get into like that daycare style and with the current building if it's during office hours we do have current staff there and that falls into factor two with like the dance classes and cheer practice and things like that. Um it is hard to work in there even with the doors closed um from our current staff that works in there. have told us that. The second thing is are you comfortable as a council with renters charging for activities? Are you okay with them allowing them to cover the cost of expenses? Um the second option

is allow them to charge it's not our event. How do you want that community center? Do you want people charging if they do like I know one did a vendor workshop and they just charge five 10 $15 to cover the cost because they provided food those kinds of things. Do you want them charging 75 for a learning lesson? those uh the daytime rentals um do want to keep that at least only to meetings um so it's not disruptive to staff while we don't have the space um to house everyone here during those times. Um and then the increase the increase of the rate for our in our Josephine utility customers. The reason I say that is because current staff for overtime cost on the weekends to come and clean because we don't have the cleaning crew doesn't come out there after each event. We have to make sure it's clean in in between events. It's costing us $68 at minimum. We only charge 50. So, we're losing at least $18 per event on the weekends. So, just something to keep in mind. Are you comfortable with that? Would you like to increase that?

So, I got a sorry, I got a I got a few comments. Um, one, it's a community center,

so the aspect of the staff being there, that's being resolved. So, to me, that's not a problem. That's an inconvenience to the staff right now until we can get that resolved, which we're working on, which we're actually talking about. uh a change later on in tonight's agenda alone to fix that. So the other thing is is it limiting groups specifically I can come I can come up with a few examples but um we'll go with the Cub Scouts. They typically have a weekly meeting. I don't know if we have any of those yet but I can tell you that's one of the hardest things to find is a a meeting place weekly for a nonprofit like that. So putting limitations on groups I think that defeats the purpose of having a community center. I'm suggesting on both options. I do agree like weekly weekly meetings is okay. This is my personal preference as a staff. We do agree that a once a week is on option one like max at least once a week. And then the second option I did 10 a month. So that way it's not just a weekly basis but so that way at least once a week is allowed but we don't want someone we've had requests for Monday through Friday.

That's all of the events. I don't think we should treat this they shouldn't be an extension of their office if they're running a business. Oh, thank you. But it's a community center. At the end of the day, it's a community center. It's not a I I just found a really cheap office space, right? Um, however, you know, if they want to run an event and charge the people at the event, that's up to the people doing it, right?

Yeah, I'm okay with them recouping their money. I'm not okay with it being a profit and reserving it all time. I'm okay with them doing a couple of classes to see if there's an audience for what they're wanting. But to operate a business out of our community center 3 days a week is shame on us, especially if they're not paying us taxes. Well, uh, and as far as the rates, I think we ought to have a weekend rate and a week day rate.

That's a good option. We consider that the first time a little bit collaborate. So that's up to council if they want to change that. Is it would Friday be included because after Friday's Friday evenings we have to clean too. How many times have that this happened or that situation happened since we've had it open? Since we've had it open every Friday, Saturday, and Sunday has been Oh, that's awesome. That's great.

I think there's one Saturday. It was a last minute cancellation, but it's booked every weekend until the end of 2025. I want to make sure it's available for Boy Scouts, nonprofit groups. I want to make sure it's available for them without it being taken up for, you know, $25 a night yoga classes, things like that. And uh uh I don't see an issue like I I don't I don't want to I mean I'm okay with yoga classes being in there, but I don't want it four days a week because they can schedule it out two years, right?

Uh in two years from now, our schedules might change if you go I mean do we what do you think we should limit it? Like I mean it's kind of hard to say yes or no because like honestly I agree big subject. I agree it's a community center. That's what we built it for. But at the same time like if somebody rents it out every day like then there's going to be somebody missing out you know and there's probably going to be somebody that's missing out that's probably needs it more so than the one that's renting it every week or every day. So I'll just kind of hit the highlights. Would you be comfortable instead of booking three months out if we went to six months? Sure. Yes.

Okay. I'm a little hesitant to go as far as a year just because we're sitting I think it needs to I think the booking out if we just keep it as a standard 6 months that's fine but we need to have exceptions like you guys brought up with weddings, right? I mean if somebody's going to rent it for a wedding, we need to be able to give that bride and groom a date that they can they can do it. I mean they should be able like sometimes people plan their wedding in over a year, right? Right. It has to be common sense.

Okay. So, in the policy stating six months out is standard unless like staff discretion for Yes. Okay. Now, with the the 10 per 10 a month max kind of hurts the art classes and things and and and I'm not going to oppose that, but what I'd like to just remind people is we are a a changing city with small businesses that are trying to get off the ground. and they may want an art class or a little tumbling class for 3 months until they get some money under their belt to find a regular location. Startups are expensive and people don't have a lot of startup funds. The other thing is for the ones that are trying to book 5 days a week all day, that's $15,000 a year for 30 weeks just as an example. And we're not a profit and loss center. We're not supposed to be. and they are paying taxes for the most part as far as I know. If if somebody lives in the city, they're paying city taxes and they should be using the community center. Um the parent drop off style. Um to me that's a liability insurance issue more than anything else. And you know I rely on attorney if you do that you you

dayare licensing issues as well. That's what they do. That's true. That's true. That's true. Can you but can you limit like the amount of children per per adult? That's a license a dayare licensing. That's a dayare licensing. I if they're running if it's truly a daycare, then we we as a city should be stopping that, right? That's different than a nonprofit going in there in my mind. Yeah. It's different than testing out a business plan, right? Yeah. Test I believe in

and if you say 10 days a month, it's either two or three days a week you're taking that away from everybody else. But I'm saying like as a safety issue, if we have one adult in there and there's 35 kids and one escapes, you know, now we have a whole another issue. I say escapes. Don't don't think, you know, but that's that's on the people renting it. It's not on us, right? I guess that that's a question for the lawyer. I mean, if if they rent the building and they don't have the right parental coverage, that doesn't fall back on the city, does it? He's not paying attention to I think I think I think our concern would be just the condition of the building deteriorating if we only have one adult 35 children. But that's why we've got the the thing in the lease agreement. If they tear it up, they pay for it.

And we do have an umbrella policy. Have we looked at other cities, community centers, how they write their

Yes. So a part of some of these concerns u may not have came up exactly at um Josephine but I reached out to other cities asking their concerns trying to think in advance of some things that might occur and some of the things they don't allow for those daycare style of events and they they have more exceptions in their policy uh that says like by staff approval and stating like more detailed for different types of events. So currently our policy just doesn't have that. That's what I'm looking to u personally looking to add to ours is having more detailed in the policy where it outlines exactly what they can and cannot do.

Have you heard enough comments to where you can put something together and give it send it to us? I I just need I need an option. I need these um six topics answered and just in order to form a new policy. I've got one last question. Yes. In the application, does it specifically detail what they're renting for? Like who, what, when, where, why, and if there's correct, but that does not mean there needs to be something in there that states you need to be honest because it does say that on there, but we've seen where that's listed as one thing and it's ran as a different type of event. And then how about we issues like there's some kind of okay, if caught one or two time, then you can no longer

and that part is in there. I don't know how that would be worded. We wouldn't rewrite to them. Got it. Well, I mean, another thing that we haven't talked about is I mean, the the city chose to have the elections over there and that's, you know, only a certain amount of temporary time, but that, you know, there's going to be hundreds of people going through the doors and you talk about deterioration, you you set it up for that. Um, so there does need to be some sort of understanding of um the use for

Well, I hope that if people are voting, they're they're walking in and they're not doing flip-flops. Um, I think our concern was just we've seen kids climbing over uh walls and we have pictures. We're not going to show you children's pictures in a meeting, but we have pictures of it being very rambunctious in there. Well, person again, I'm the oldest of six kids and I've raised kids and I'd rather have kids giggling and happy than not. But no, you don't want them in the middle of the street. That's true. And you don't have a fence around it. And I I hear strongly that you want to avoid kids being there. No, maybe birthday parties is the way.

No, I'm I'm not saying we don't want children there. I'm just saying we we need to be, I think, reasonable about the use. So, what do you want to do? So, I I I think all we've gotten so far is we're happy with going six months out except for perhaps um big events such as a wedding. I'm also okay with uh increasing the rate so that we cover and we're not taking losses on cleaning on uh I think u so if we moved it from 68 to 75 I think maybe we increase the rate a little bit on weekends too.

Uh well do we need to change it during the week? We're not taking a loss on the week. It's just the weekend, right? Oh no. Yeah. So it's just the current staff cleans up. Yeah. And we we don't pay them additionally to clean up weather already being paid on the clock. So then just the weekend then just so weekends going to 75 then. And then still 50 on the weekdays. Yes. Would you consider Friday, Saturday, Friday, Saturday, Sunday to be a weekend? Friday, Saturday. Sunday is a weekend because then are we sending cleaning crews in Friday night then? Are they Why? What's the overtime on Friday? the overtime if it's um it's 68 is the average that we pay a staff to go and clean it. I I understand that. But each day,

but they're here Friday cuz they're working, right? So, a lot of the rentals on Friday uh consist to be like 6:00 to 9:00 p.m. So, no one's still working at 9:00 p.m. um outside. That's what I was asking. That'sation. Okay. So, they actually come back. They don't go in Saturday morning and do it and then they don't go back Saturday. As long as there's not a rental at 7:00 a.m. the next day, they they can wait. Okay. But sometimes I do have to. Okay. That's what Okay, I'm good with Friday, Saturday, or Sunday. I I just wanted clarification on when they were going in. Saturday morning. Yeah. Yeah. Yeah. Yeah. No, I'm there. And so, no limiting of any type of events. Just keep it as is for now. I think it I think it appear at the discretion of the staff, right? I didn't hear you. What?

Discretion of the staff as far as leaving events, booking events. I definitely think that we need to like as far as like weddings and um I don't know kinettas or uh I mean I don't birthday parties I don't think that's as far as well I guess a too huge but just I mean like a buddy of mine is planning his planning it two years out it's a bigger deal than Yeah. Yeah, sorry. There was two conversations I couldn't So, I guess just weddings and

I don't think it should be limited to weddings. I think if they come up with an event and say, "Hey, look, we we want to secure this date. This is why this is what we're doing it for. It should be at the discretion of the staff to say, okay, our our policy is is 90 days. However, because you're bringing this to us now, we can work with you and and assign that date." Right. Okay. So, what was the other topics? TR the limitations per ren. Limitations per ren per month. Do we do that? I'm struggling with that one. Yeah, agree. I'd like

I got my mic. I'd like to throw out two days a week. Uh that's planning to test a business plan and that I'll leave enough for Boy Scouts and nonprofits to check. So, two days up to a 4hour rental. or all day four hours. Usually when the art class comes in, what are they? Four hours. The art the art class was 12 hours. Oh, they do it on Saturday long back to back all day Friday. Yeah. And they had multiple classes in between. Do we just do two 4hour blocks during a week? Yeah.

Currently, we don't allow with the staff we're hoping to expand, but we only allow one rental per day. except on Sundays with the church. I like that because I do want to give businesses a chance to test out an audience, but you you test out enough and there's a whole lot of profit there. Uh, and they ought to be able to figure it out one day a week. U Yeah. So, for how long? So, they test it out. All right. So, for how long? So, they get to test it out for a quarter, two quarters. How long would you guys want to allow to test? I say two quarters. Two quarters. Okay. Two quarters. Good.

So, guess I'm up here. All right. So, thanks. All right. Okay. So, two quarters works out two quarters twice twice a month or twice a week for two quarters. I'm good with that. Yeah. Okay. And that's a business plan though. So, like business plan they have to submit a business plan then. Hey, if it's a business, it's a business plan. I mean, really. I mean, where are we drawing that's if it's a forprofit organization, I want them to be profitable, but after a period of time,

right? Uh it's our business that they're getting paid for. I mean, we need to take care of our prop, our community center to make it available for citizens, citizens above business. Oh, it got serious. The finance person's up here now. I just wanna I just want to throw it out since I office over there having Tuesdays and Thursdays dedicated as open public time as there are senior groups that come in and there are homeschool kids that come in. Super respectful and I just want to make sure that those two days don't get infringed. No, those are those are non-negotiables. Those are taking more time than we need to allow. Okay. I mean, really, we need to be very conscious of what we're taking away. Yeah, of course.

I thought Tuesdays and Thursdays were permanently reserved. The 10 to two block is locked up for that. So that for sure is not going anywhere. 10 to two Tuesdays, Thursdays, those are locked up for the public. Come enjoy it. Have a good time. Okay. What do you guys think about the idea of a like having set aside nonprofit days? Like, hey, if you're nonprofit, we've blocked these out for you guys or you don't want to do that. Just so we have Tuesdays and Thursdays, 10 to two. That's why the days you lock out is convenient for them. Yeah. Yeah. Because nonprofits. I mean, just cuz I was with the scouts for so long. I mean, it it's it's the scouts works around sports. Sports does not work around scouts.

Ah, there we go. Okay. It's honest. Yeah. That that's that's something that I dealt with for almost two decades. Oh, nice. Yeah. Sports uh sports always trump scouts. Something about those coaches were really picky about the people being there. Right. Right. Okay. pretty solid on that. Thank you guys. So, is that enough? I just want to make sure I have it. So, the reuring were both for a while and you're very right. I'd hold up to play baseball.

Okay. So, the reoccurring six months with the exception made by staff the limitations to be for testing for two quarters for twice a week and then parent drop off. the the parent the parent daycare style. Well, we can't limit it, right? No, there's too many events where you'd have a hard time. You're talking about a enforcement nightmare to try to enforce that.

Okay. So maybe if I put something in there if this is okay with y'all like and it's that that kind of be more of an exception to staff like if if we see the type of program it's going to be and that doesn't seem like if it was I'm trying to think if it said a a date night Monday recurring is what they're asking for. I mean it's like a Mother's Day out kind of thing or and then that becomes a a licensing a liability. So, I just want to make sure council's on the board with that. Is there anything in the state code that would limit that where they'd have to have a license to do something like that?

Well, the state has some specifics as far as what's considered a daycare and licensing. We I think that's what we want to avoid is anything that falls in that category. Sorry. So, staff just knowing that I mean, we've done our research on what is allowed and what isn't. Just if those events occur, maybe not adding anything that says daycare style, but adding the verbiage that events like that aren't going to be able to be had because of the law. So, I'll defer to you and the liability. One last question, too, is on on top of that, like do we have anything where if someone damages it like has damages or anything multiple times that they will not be able to use it?

Good. We're good. And then, um, the renter charging the attendees, we kind of voted on the cities not to handle that. Let them charge Or are we voting for Sorry. The That's up to the event person. Yeah. Okay. And then daytime rentals, meetings only, or all types of events. I say all types, but it's But I do understand the disruption to the people who are offices there. Just know that it's limited time. They will not be moved out. Yeah.

We can Even with the current renovations, I mean, Lisa, you can speak more on this, but there will there will be staff there. We've out we've outgrown even with the the renovations that we have planned, and we'll talk about here in a few minutes. Um, it's still under this roof. So, we're still limited on space. So, we we may always have to have somebody officed over there. Well, we've got some cubicles. Let's get to that point. Let's get to that point. Let's get to that point where it says, you know, when we do our renovation and what we decide on the renov renovation for this building and how much we're going to renovate and what we're going to add to. I mean, I know we do have some space in the back to add on if we have to, but Mhm. um

the community center should be a community center. It shouldn't be a place of work for our city employees. Yeah. I don't think I mean I don't think our finance team should be in there to be honest. I mean Okay. So, come back to that one after. Come back to that one. We'll we'll come back to it when we when we talk about renovations. Perfect. And the rate I have for the weekend for the Josephine utility customers to be raised to $75 um per four hours. Yep. Okay. And then physical activities allowed or not? I'm sorry. Well, I just have it's a it's a for the weekend, right? Just Yes, it is for the weekend. Sorry if I didn't say that.

Yeah. And and are they I mean, are they the people that are renting it on the weekend? Are they just running the 4-hour block or they rent it for the whole day? That varies. The claim though. Well, I think it should be if you're running it Friday, Saturday, or Sunday, it should be for your rental block the increase. So, if they're running two, it'd be 50, but then you're adding the additional 25 for the cleaning, right? But if you're renting it just for the four, it's 75. I mean, it might actually encourage them to rent it for if they're just renting for one day or one one block, right? But if they're renting for like two days, then they only charge $25. I don't want to $75 for the initial fee and then if you have multiple days in a row or multiple

multiple of Yeah. then it goes back to the 50. So it's it's more so like a um it's three different people for Friday, Saturday, and Sunday. So if we did the first four hours at 75 and then the additional hours at 50, our normal rate, is that okay? Yes, that's perfect. Okay. And then physical activities allowed in the community center um during the week and then the weekend It should be a gymnasium. It's a community center. I agree. Is that everyone can? Yes. Okay. Okay. I think we take more opportunity for liability with that than anything. We're good. We're good. Okay. All right. Thank you. So, we need a motion. I think Yeah.

Okay. Uh 4.10. So discuss consider an act to approve a design and contract with Jackson Hunter Incorporated with city hall renovations in an amount not to exceed 95,000. Just a couple things on this one.

Thank you. Rob did have some suggestions for um a few tweaks on the language. So, uh, any approvals we'd like subject to Rob's approval on the language. Um, as well as we need to, uh, comply with, um, contacting historically underutilized businesses. Um, and Kirk has got that in progress. So, um, we hate to delay it another month, so that's why it's on the agenda, but if if you want to consider approval, if you're okay with the design, uh, we would ask that you do it contingent upon, uh, final language approval by the city attorney, as well as completion of our due diligence on the historically underutilized business contacts.

So, so based upon the last conversation we just finished up, how many offices are we actually short right now? now. And how many do we think we need total? We have three people there currently. And how many are we going to get with this renovation? How many new offices? And we have two in the annex. It's Well, three in the annex now. Oh, that's true. Two in the annex. Um who who's did you say the fire chief?

He's currently in the annex. He'll be moved to public safety when it opens. So he's his is temporary. So, Kirk, do you you've worked with the contractor a little bit more frequently. Do you want to go over um what we're going to get out of it as far as cubicle space, office space, um and kind of just kind of generally talk about the walls that are go up? Everything is under the roof that we currently have. Um,

currently what we're planning on doing, obviously, uh, police department will move out. So, what we're initially going to do is we're going to we're going to move one door that's beside Lisa's office to secure that entire back office area that goes down the hall. We're going to open the hallway up into the existing police department. We'll remove one of the doors in there and bring it a little farther out to secure this entire portion of the building from the general public. Doing that, I'm going to go on a limb and say we should create four to five, six office spaces, cubicles. Here we go.

Just Yeah. rotating people around. Yes. When the new chief leaves the annex, how many empty offices will there be over there? There's three of us over there officing right now. There's only three. I don't know why I was thinking there's four. Okay.

I'm trying to figure out the shortage. If there's only if there's three at the community center as well. That's what So we need four spaces, four work spaces for this fiscal year. How many do we need for this full for fiscal year? Correct. Okay. And we're also gaining a building this year as well. No, that's for police. Sorry. We're gaining two buildings this year because the fire department is also giving a building. And one of the things I see there, it says uh public works at the front, right? Is Lisa's old office. This is an old diagram.

Okay. So, where is public works today? At the annex. No. No. At the sewer plant. Okay. Yes, they do not have an office often down at the Magnolia Wastewater Plant and so they're not going to move up into this. They're going to stay over there. Hopefully, we can with guidance from the council maybe uh get to the uh new or the old fire station. Okay, that's what I would is kind of the hope. Yeah, I I would hope that we're going to make that building the public works building. Yes, that is going to be the ask or the request.

Yeah. Yeah. So, this whole project's 85,000. Is that Is that what I'm seeing? 905. But if you look on the page, it says 85. That does not include Nolan and any it stuff that needs to move around, including the door access. I know the motion is up to 95, but it's showing 85 right now. Correct. Uh, and that's finished. No kidding. That's finished.

Okay. Before I I I want an updated illustrated place of who what office and who's going plugged in, where I want it, what building specifically because I'm I'm I'm lost in the sauce in all this. And this is outdated. I want something that's new and current. Whether it's drawn on a piece of paper with that position in there, just something new because we're looking at it and this is old. So, it's kind of kind of hard to make a decision on what's going on. Well, we need to know where all our staff are going, where Yeah. So, I So, whether it's building that building or this building, wherever, just something that's new and who specifically is going where and what that looks like. I think this going to help all of us make a better decision.

Kirk, have they they offered up a drawing for this or just kind of said we can do it for 85? And that we have a drawing. It's across the street. So, we can get that out. Get it to you. email it. This is our drawing, isn't it? I think this is it. This is what we were provided. Our drawing looks like that. Okay. Can you explain it? Can you point over there and explain at least I mean I understand where stuff is going but I mean that doesn't mean that everybody else does but finalized drawings.

Would you like for us to bring bring you back the architectural finalized drawings next month? Okay, we can do that. All right. And one of the things I I I would like to ask as well is we need to know where our staff is going and get them into places that they can actually work. Yes. Because having them in the community center isn't optimal workspace for them or our community trying to use the space. Yes. Or public works at a sewer plant. That's No. Move the fire department. But I want a drawing. I want it I want it to to vote on something and make a move on something where I know specifically that I see where these people are specifically going.

We're going to need to come up with an amount to approve up to for drawings and designs if we want to do that. Our city staff does not need to be doing that. Correct. All right. Do you have a motion? Um, I make a motion to have to direct the city to come up with a master plan for city staff for the next fiscal year. Have a second. I'll second. That's real general. That is real general. Do you want to go more detailed? We can

within that master plan. Yes. I'd like to make a motion uh to get detailed drawings of the buildings. We're going to have a staff Uh, when I say detailed, I don't mean $20,000 drawings. Just something to tell us where our staff is going to be after we take over the fire department and all the buildings get uh allocated. Yeah, I mean, we're going to play a big shell game, it sounds like, right? I mean, we've got all this stuff coming in place and we just need to Yeah, I I'll second it. All right, that motion.

Thanks, Kurt.

So, this 4.10 is going to be revised. This is not what we're voting. Yes. Motion carries 5-0. All right, moving on to 4.11. Discuss and provide direction to staff regarding up uh upgrading fencing around the cemetery. I love this. I love this. Yeah, I don't

Jerica has some slides on that and I think Garrett's here to go over the quotes that we received. Um, we did not budget for this item so it is not in the current budget. Why not have

I mean they are but not Garrett. Do you mind going over the quotes real quick? So, Smith fencing. Uh, this is just going to be your standard flat top style fencing, 4 foot tall. Um, the reason, correct? Black powder coated.

Uh, the left side, the larger number for Smith fencing is on the four sides. The 21,792 is for the front side. And then the other three sides, uh, the standard black chain link. Um, B and L iron fencing. Um, this is going to be a five foot tall fence with the quad spears, which you see next slide. Um, has a we have a picture of it. A little bit nicer fence. Uh, it's also 1 ft taller. Yes, it is double the price. Um, this is the company that did the Nevada fencing. Um, it's been there for almost two decades now. Um, I don't have any actual workings with any of these companies. um outside of just knowing that they did the that one out there in Nevada. Um DASS Fencing is a resident of City Josephine. He's done work around town. Um outside of that, I have not had any dealings with him either.

Is that Darren Lee? Correct. Um and all these include two sixt fences up front. Um, basically they're just going to be the standard however we'd like to do that. Um, did you say two six foot gates? Correct. Currently there's a 12t wide opening and there have two granite headstones there. Um, and that limits our and you'll just have gates on the front. Correct. Yeah. On the other private property.

Correct. Yeah. And this does not include the public works doing the tear out of the current trees, fencing, and everything else that's there. Um, from my understanding, we're probably going to have to help the private land owners around them help them rebuild their barbar fence also. So, that's going to be an incurred cost on us because there's currently an old randown chaining fence and then on the outside of that about 2T off of it is a barbar fence. So, that's something to consider is this is not a turnkey job. This is a definite this is a more of a cost on the on in addition to Okay.

Do you have a preference over chain link versus the iron fencing? I don't see any need for iron on all four sides. Okay. I see on the front the beauty side on the other three sides chain like I think would be sufficient. And I can add that um Smith fencing is very well known in the Farmersville area. And when I lived in Farmersville, many of my neighbors, over 10 of them used Smith fencing with no issue.

I've had three dealings with Smith and I I won't look anywhere else. Uh, I like the I don't care for chain link fence around the uh centario catch a lot more trash. I like the first vis. I'll tell you right now, I I like the first bed from Smithson. And this is just the standard flat top twoinch post going across the top. And then

it doesn't have the the beauty spears, anything like that, which totally up to y'all. But that is just standard fence. For its placement, where it's at, um, its age, simple might be a little bit better. Just my thoughts. I mean, I can't say. I know I know the owner of the DNS sensing. Known him for a long time. I mean, extremely long time.

Um, I don't know. I mean, pricing kind of isn't great, but um I do know he does good work from what I've heard. Um, I have not ever seen any of his work, but like I said, I know him personally and he's a local resident to Josephine, so [Music] Um, do I need to repeat what I said? No. All right. All right. So, I mean, just because he's a local resident is the only reason I say consider it, but I mean, pricing wise, I I don't know that he's necessarily the best. So,

Rob is advising that we still do have to check the list for historically underutilized businesses um because it does fall between the three and the 100,000. Um there may not be anybody else that does that type of work. So it may be exempt, but it is something that we'll just have to double check anyway. So we can't approve anything yet. Anyways, we can approve it contingent upon us checking for that. Keep in mind this is not a budgeted item. So you are approving uh an additional expense and it would have to come back as a budget amendment later in the year. [Music] I think so. Um, I

I know we haven't established the MDD, but we did move that over into this into the general fund at this point. Can't we utilize those as the budget amendment for this project? I'm sorry, say again. The MDD funds that we have or the the old JCDC funds, I don't think they're going to qualify. So, you still have to use those for some sort of economic development benefit. I'm not sure. I'd have to check, but I just don't know if that would qualify or not. Doubt. I mean, typically you want something that's going to bring in business or some kind of revenue. I mean, I think parks parks can be used as well, so I don't know if it would kind of fall within that realm or not. I'd have to check. I haven't heard of um cemetery improvements falling in there, but I can check. I just

I mean I mean, in my opinion, this is a project we're just going to eat money on. I mean, we're just going to have to eat it. I don't disagree. I think this is something we we our founders, right? Yeah. I think it's a great project. So, we're just going to have to eat it. But I don't want to make a choice. I make a recommendation. Absolutely. I don't know based off of his stuff. You had three builder, three companies did three completely different projects. Yeah, I agree. I saw you want and then get quotes based off of that. Yeah. I mean,

I think it was bid out to where they bid what they the products they offer. Uh, you're not going to get every fence company to give when it comes to metal fences. I get wooden fences, but you I guess we can try, but it's going to be a three differentbody the same. Yeah, I think I I honestly think that would be a better comparable and we could make a better educated decision if we said, "Hey, we want a 5-ft fence. We want the iron in the front and then we want chain link down each side

and every all three of them got the same opportunity to bid the same exact project." Um, and that way we can get a comparable price. the cemetery in Nevada. Is that is there chain link anywhere on that? No. Is it is iron all the way around? I don't they have a lot of built-in options on that. I'm not saying that we have to. I'm just saying like that's the if that's what we're going to do. Let's make sure that whoever we get the bids from have the same I just have the same I'm not a fan of the chain link. Okay. I I can I I I'm not

I can go either way. So, I mean, if we if if it's easier, that's why I was asking if it would what you prefer cuz you guys are the ones that are going to maintain it. So, if trash and everything's building up against chain link versus the open iron, then well, you're going to have the you're still going to have the grass. The iron fence is probably going to sit off the ground four to six inches, right? So, you're just going to weedy around each post and then everything else. It'll be quicker to maintain if it's quicker to maintain if it's all iron. You agree? So easier maintenance if it's all iron. So all iron and then just decorated names in the front. Yeah. And I mean

also think about this is a powder coating that's going to sunpay. So it's going to incure maintenance over the next, you know, however long it stays. Chain link does not. But I understand aesthetics is ugly and everything else. So just know that it's powder coded. So did we not decide to put names of I I think that was never that that was in this bid. I think the names part was something we needed to talk about for sure cuz I thought that's what we discussed right do that do is that something that can the city can actually charge for?

So on the names I asked BNL and they said that's per letter. So you come up with names, however many names you want, and they can come back and custom fit them however. Literally, they're going to build the panels how they build them. They're going to build them in five, six foot sections, come back, cut it, put the name in. So then we need to figure out names and stuff first then. Well, it could be like people donate who want to donate donate to the the the fund. Yeah. Yeah. I mean, the citizens who want names in there could

I mean, but there's a lot of those citizens that are no longer here to have a say to put their name on. I mean, at that point, that's just up to to us, right? If we want to if we want to say, hey, if there's a founder in there that we know that deserves a name on the fence, and we have the right to to do that without a donation. But if people are willing to donate for their family names, that's I I wouldn't tell them no. Why don't uh we have staff kind of do a little bit more research on some options for for that and we'll bring that back to you along with maybe uh some more consistent quotes on styling. Can we at least say, "Hey, we want a five foot fence or six foot fence." I think five foot is is the right height for it. Five foot's plenty. 5 foot.

Do we want the spires or do we want it flat? I personally like the spires for a cemetery fence because it just kind of gives that and it's an older cemetery, right? Yeah. You want iron on the front and chain link the rest of the way or iron all the way around. Iron all the way around. But again, we got to figure out if we're being charged names, we still have to figure out how to do that, I guess, later. We'll we'll look at some options and bring it back to you. That's going to turn a doable project into a very expensive project. And you're right. Okay. So, there's no motion for this one. We're just doing staff direction then. Is that correct? Just go ahead and write the

It's a long story. Come on.

Do we have to make a motion or just direct or what? Uh, we have to make a motion. We have to recess. Do we need a motion? Okay. All right. We're gonna got it. We're gonna recess a regular schedule meeting at 8:21 and go into executive session. Nope. Can you can you read the section that we're going into the 551072 discussing purchase exchange lease?

Yes. Pursuant to section 551.071 071 government code private cons consolation with the attorney for the city of Josephine services agreement between or with Hunt County MUD number three. Do I need to add and attorney consolation regarding Magnolia public safety contract and status? No action will be taken.

I get it. I don't.

All right. We will reconvene our regular scheduled meeting at 8:45. I'm assuming we're not waiting on Rob. No, we're not. All right. All right. We'll wait. We don't need to wait. We can do this part. All right. We're going to do reconvene. Already did reconvene. Um, discuss, consider, and act on the items resulted from executive session. We ready?

Discuss. No discussion. I'll make a motion to for staff to proceed as instructed for the uh land for the water tanks. Second,

four Sorry for you.

All right. Last item is discuss. That one passed 5 to zero. Uh last item is discuss considering act uh regarding any requests for by council members considering items on the to be placed on the future agenda. I have one. Um, I would like

I've asked for this a couple of times and I I keep saying it's not I keep hearing it's not available and I can't believe that. I would like So, we'll have a starting spot for maybe some more discussion. some kind of rundown on the Colin County dispatch calls. What by month, what goes to Magnolia and what is dispatched in the city limits and just calling county dispatch. I second.

Alex second it or Oh crap. I already I mean I already stopped my or an explanation why we can't get it from the county. A good explanation. It's not. So we have a So do we need to I guess does anybody have anything else? I'm assuming for the next meeting. So do we need to put we need to vote we need to vote for each one individually. Yeah. So, all right. So, go ahead and send the vote. We got No, we just have to do it manually. Oh, well. So,

everyone for motion carries 5. All right. Pam, you want to go first?

Yeah. I have a question, too, to kind of maybe piggy back off of his, but I mean, this is just a question. Um, on the stat sheets for JPD, can we add I'm not sure how what their RMS software is, but neighborhood checks. I see security watches. I see these other things, but I don't see anything specifically when they go and patrol specific neighborhoods that's within their jurisdiction. I don't see that it being logged that they're in a neighborhood specifically. I see building checks and security checks and eswatch. some of that stuff. I can kind of guess what that I think that is. But if a police officer is doing, let's say, a patrol in the Fountain View, I would like an option say, "Hey, once he's cruising, you know, down these streets or he's making his rounds in a specific subdevelopment that I I would like to see that there is a neighborhood check.

Does that make sense?" Yeah.

Because I'm I'm looking at the stats and Correct. As an officer when he works his normal shift, I'm not sure if he's assigned to beats or whatever. That's that's your area. I just want to see that. I see call for services that are generated for building checks and watches and all this other stuff. But I I want to see if if it's if everybody else agrees, if a police officer goes to Magnolia or goes to Fountain View, I want to see that that officer documents that in a call for service type. Yeah, I think I think that can be done because I know like when Newberry was in being built uh before it got built out, they had they had to actually put a street name, but it was for the subdivision that they were looking at. And on on the other uh I reached out to to three different departments here recently about the same thing about uh I know Miguel is working on a a grid map and what I've been told from Colin County is when we when we get the grid grid map implemented that we can like right now everything that Josephine police does the grid is 4400. So Miguel is working on a grid that's going to be like 4401. Uh which would be say Magnolia. Uh 4402 would be Waverly. Uh High Meadows would probably have its own grid. Uh I know that we sat down and kind of mapped out what we wanted. But when I reached out to Salina uh and Princeton, I talked to their crime analyst and I said, "Hey, uh can you go into and just pull a a certain location and get the calls on it?" And the crime an analyst from uh I I talked to her about the grids and stuff and she's like, "You know, I never even thought of that where you could do it by

subdivisions or whatever." She said, "That's something that I want to look into doing." Um, sorry to interrupt. Just before we get too too deep, I want to make sure and that's for the next agenda. I just don't want us to get too far off course um too deep into it because it's not on this agenda. Okay. Just I think we can address correct. All all I'm asking for and whether I need to make a motion or how what's the next process is that when they when you're doing your normal patrol, we don't know where they go and and that's fine. But at least if they go into a

to help kind of be transparent if if they decide if they want to if wants to know where, you know, hey, where's this officer at? If there how many times if we want to pull some historical data, say, hey, did an officer this week at all go into Fountain View? We have no way of proving that if they're not logging that in and RMS or creating a call for service because we see it for building checks and we see it for them checking the community center at midnight or whatever and that's great but if someone had makes a claim and saying hey well JPD is not in Fountain View at all for this past few week for this whole week well well well yes they are because here's all the documentation where they created a call for service they patrolled at this given point at this date in time because here it is because then it becomes I don't think that that's

my question I I got one question like and that'll eliminate people saying well hey they didn't come and it also holds the officer accountable too saying hey you need to make your rounds as a shift supervisor saying hey do we make do we go into these communities and he can look and be like hey we haven't been in Fountain View for the past week we we need to my question is is this going to be public information like are we going to put be putting each officer's stats individually because the way you way it sounded is you wanted it like for instance officer Smith goes in there and he runs the route you're going to know how many times officer Smith went in here I don't necessarily want

officer Smith's data to be now if we have if we have as a as a as a a police department if we go in there and it's doesn't have any person's name on it hey we went in there 16 times or whatever that's up to the agency to to redact it I'm I'm sure well that that's all I just make I don't want it. That's however that wants to be. But it's I do agree with but why wouldn't it be why wouldn't you want at least we we got to be able to show that that our officers if if somebody makes a claim saying that nobody's made in into Fountain View, nobody's patrolling on it and we're not documenting it and we know if we can't document it, it didn't happen.

So then let's I agree. Let's have it on the next agenda where we can debate it. Well, I mean the reason I say that is because then you go into um personnel discussion and those kind of things that we have but the call for services are are public record. I I question we we do have I mean to make you maybe feel a little bit more comfortable about it. We do have GPS and all the uh police vehicles and the sergeants uh have access to to watch that and they do watch that. I I want it in a call for service. So I want it generated because there is we have to keep historical data on that stuff. So

I I don't want it to be an Excel spreadsheet that a sergeant had and he made it on his own and let's say he leaves or it gets lost and then we have no proof. I want it to be logged into RMS because that is auditable and and we can we can and it's a government document so so we can hold people accountable for that as well. Yeah. So I I don't think it'd be too too hard to do it if that's what y'all want to do. Yeah. I mean, so do we need as an item for next month then to to finalize that? So, but just one last thing on that what I was talking about when I talked to these other cities real quickly

is I did speak to Roy City and they have something through Tyler Technology where they can get like a a a pen and they can draw what they want all the activity for this one area and stuff like that. But the other two cities, Princeton and Salina, have the same same problem we have. Got it. Thank you, Chief. Okay. Yeah. I'll I'll make a motion to add that. What? Second. Got it. I'll second. I second it. That's fine. I'm I'm I'm approved everyone for all right. I have Motion carries. 5.

I have one for the next meeting as well. I swear I saw your hand coming down, sir. Oh, well, I apologize. Did he vote for it? Yes, sir. Okay. 5-0. All right. Stop correcting me. All right.

Okay. Um, one last one for the next agenda is I love capitalism and I want all of us to be able to make money to improve quality of life. Um, I simply wish to have a um ordinance considered to um disclose any kind of potential conflict of interest for employees, volunteers, and city officials that may um end up in situations where private or financial interests may conflict with duties. And it's not to stop anybody from having a side gig or a way to make money. It's simply to disclose it if it's potentially um has a risk of steering business or being perceived as a conduct.

Do we not have any ordinance today law though? I mean because there are forms that get filled out. I have a form patrol. Do we have a form? We we have forms. I've never seen it. I'll just let you take a look at this. And is this a presentation or something? Yeah, you can simply take a look at that and see you can vote whether you want it on the agenda or not. I I make a Yeah, I make Yeah, we can I mean state law requires that. So,

well, it hasn't happened. I know of two people who have I move that we discuss this potential conflict of interest and documentation and uh at the next meeting. Second not to stop anyone. All in favor. All post. Thank you. All right. Do we have anything else? Motion to adjurnn. I make a motion to adjurnn. Second. I second. All in favor? [Music]