City Council - Regular Meeting

led by Mayor Pro Tim Barum followed by the pledges by council member Shave All right. Moving forward in the agenda. Roll call certification of quorum. Uh madam secretary certify we have a quorum present and all members are present uh in the chambers and at the dis. Uh any citizens comments turned in? There are none. So we'll move to consent agenda. We're actually going to remove consent agenda item A and just present it as a normal item. Mr. Kos, would you move forward with that, please?

Yes, mayor. Consent possible action resolution number R2026-43. So move second. We have a motion of second staff report.

Thank you, mayor. So this item uh purchases the equipment to replace our outdated vehicle detection system at 11 traffic signals. Uh the intersections are listed in the uh AIR. Um so these are the no dete no traffic detection system we've been moving to uh uh methodically through our uh traffic signals uh network and uh so this takes care of 11 intersections. Um going through a cooperative by board. We did uh get the standard byboard purchasing uh cost that was about 355,000. Negotiated that down to about 319. So recommending to move forward with the purchase of these from Texas Highway Products uh in the amount of $319,100.

All right. Uh any questions on that, Mr. Koser? Yes, Mayor. Thank you. Uh so uh Trent, um looking at this being a buy board, this first time uh we've seen anything that we've had reduction instead of just whatever the buy board is. and we kind of talked through the process of, you know, what prompted what how we got to $36,64 less because I've never seen that three and a half years that I've been.

Sure. I don't know that it's the first one we've negotiated down from standard byboard pricing. I don't see Jose here or I don't who did the actual discussing with the contractor or with the so um yeah it's something we we became aware of as we work through the different cooperative purchasing options and so now uh part of our standard of when we're going through co-ops we're going to ask those questions of the vendors so I go ahead and go to the podium so we can pick your

go to the podium please so we can get your comments on the mic and give us your name volume that you guys are doing. Sorry. Uh so with with the number of unit and negotiated that with with Bayboard, it's not always easy to do it with byboard because when you give better pricing, they want you to maintain that price from then on and you can't always do that. But but with your case, because of the volume, we were able to get the pricing down and and we also negotiated that with the manufacturer. Thank you. Basically, a volume discount.

Right. Right. Any other questions, comments? Mr. Carmon, thank you, Mayor. Um, I know there's a map on here showing the intersections. Can you give us just an idea of of why these intersections were fixed? So I'll let Yulc weigh in, but I think a lot of these are where the existing detection system is has failed or is failing. That is correct. Like we tried to fix the old detection and where they're failing and right now also uh try to get a corridor going um to be able to synchronize the signals as well.

Okay. And then um this allows the implementation of the the AI to help um synchronize the lights through those corridors or where we at in that that process. The AI capabilities for the timings adjustments um we that is a separate um I guess uh integration that we have to do. We have to fund it. uh we haven't been able to do that because we need to have the corridor at least five or six intersections together. Okay. So, with the the selection of these, we may have a corridor that we can test with at some point in the future.

Yes, that's correct. Okay. Then we can make sure to hit them up for a volume discount when we go there as well. Yes, I will make sure that. All right. Very good. Thank you'all. All right. Any other questions, comments? Seeing none, Madam Secretary, call for the vote. Member Kosa, hi. Member Carbon, hi. Member Chaved, hi. Mayor Potimbum, hi. Member Kade, hi. Member Fernandez, hi. Member Patel. Hi. Motion passes seven to zero. All right, with that, we'll move to public hearing number one. Katchcha, since you're going to present, if you'd read into the record the reason for it and move into your staff presentation.

Thank you, Mayor. Good evening, everyone. This is a request by Benjamin Navo Jr. Draft House Design Studio LLC applicant on behalf of David and Derek Deresso, owners for approval of a conditional use permit for accessory dwelling unit use within the single family residential 1 district on approximately 0.41 acres, generally located at 2301 Dublin Circle. This is a request for a conditional use permit to allow for the renovation and addition of an existing accessory structure to include the addition of an accessory dwelling unit. The proposed ADU is going to be 665 ft attached to the existing 547 square ft garage totaling 1,212 ft. Public notices were sent to all property owners within 200 feet and a notification sign was placed on the property by the applicant and we received no written comments and no phone calls. On the left side of the screen, you can see that the surrounding zoning of this area is all R1 single family. And on the comprehensive land use map, it is traditional residential. Shown on the left side of the screen is um a blown out version of the entire parcel with the house and the existing structure with the proposed addition. And on the right side of the screen is a zoomed in version focusing on the existing garage and the proposed addition. The outline in red is the existing garage. Here you can see the floor plan on the left side of the screen. This is proposed to be a one bed, one bath ADU. And on the right side of the screen are the articulation and the building schematics. Staff found that the proposed cup for an

accessory dwelling unit met the established criteria approval for a conditional use permit as well. The comprehensive plan and thoroughare plan were aligned with this request and the proposed ADU is supporting the primary use on the property. Staff recommended approval of the requested CUP for the ADU with the following condition. The CUP shall only allow for the accessory dwelling unit to be occupied by a person who is related to the person who occupies the primary dwelling unit on the subject property by first or second degree of conuity or affinity. And the planning and zoning commission recommended 4 to two for approval of the conditional use permit with staff recommendation conditions, excuse me. And that concludes staff report. Thank you, mayor. Is the applicant present and do you have a presentation or just here to answer questions? All right, sounds good. Uh, we'll we'll get to them in just a second. I'm sure there will be some. We'll move forward. Those wishing to speak for or against this proposed request can go to the podium. You get three minutes to speak. Uh, give us your name and you have those three minutes. Second attempt. Those wishing to speak for or against this proposed request. third and final time those wishing to speak for or against this proposed request. Seeing no one move in that direction, we'll open up for uh questions, comments, concerns from city council uh here at the DIS. Anybody have any questions? Miss Chevy.

Okay. Thank you, mayor. So, my concern is that there is no mechanism in place to monitor the change of ownership. So basically if he changes ownership or the family um at some point it could become a rental property which would not fit under R1. So that is my concern and unfortunately I'm not in favor of this. Okay. I have a question. Um it's one of the conditions was that um the

right thank you. the person who occupies the primary dwelling unit is related by first aer degree of that word I don't want to try to say or affinity and um that's another thing we have no uh way to control that I know of we're we can't go around knocking on the doors asking for I mean proof of relation I don't think um so I'm not for this either for that reason there's no way to there's no control over this so thank Mr. Cousin,

thank you, mayor. Um, Vance, on uh on this right here, is there any uh I know when we go into an existing uh facility um commercially and we add more than 15%, it trips a bunch of stuff. Um I don't know in in this regard, we're more than doubling the garage structure itself. Um the uh the addition depending on if you had a a detached garage along with a home um is more than you know what a commercial uh development is. Is there any uh triggers? I know somewhere in here talked about detention. Are there any triggers on going in and I mean because we're more than doubling the garage on this structure.

Uh so yes sir. Good evening everybody. So with the when it comes to residential expansions, we do have impervious cover limits along with uh size limitations on what an accessory building can be in proximity to the primary structure. Um and we we'll work through those through the permitting process. Uh and then we would just have to be reviewed as far as detention or mitigation requirements if it's in the if it's in the flood plane and those types of items. Yes. Most of this neighborhood's in the flood plane. Yes, sir. But no, with with an expansion, uh, there there would have to be appropriate on-site improvements if needed.

Uh, is there any percentage or is it square? I I'm just curious to know uh what what the triggers are. Yeah. So, one of the require like one of the limitations would be the accessory structure could only be 50% of the primary structure in size. Uh, and then within it comes to the lot and pvious cover, I would have to look that up. But again, this is this would that would be done through the permitting process if approved. Okay. Because I mean the the main structure I think was 2448 or something like that. So it's under the 50 uh% as far as that goes. Okay. Thank you.

I want to just ask a question real quick of of the applicants. Uh I'm not sure David and Derek I'm assuming. Uh when I when I ask question just give us your name for the record, but uh tell us a little bit about what your what your plan is here. Yes, sir. So, um, David do I, uh, looking to build this for my mother who's aging. Go ahead and speak to the mic. That way we

apologize. Um, David do looking to have this built for my mother who is aging. Uh, she is a single woman on social security. Uh, and rent goes up every year. Social Security does not keep up with that. uh and uh would like to give her a place where she can live out the rest of her days with some dignity uh near her grandchildren. Uh my intent is to live in this house for the rest of my life. Uh when my children uh need it for a room in college or come to visit with their families one day, uh that's the intent. No intent to rent this out or

Okay. um Vance or Lawrence, either one from a legal standpoint and then also in the event and and again it goes back to we have the condition that's that's placed in here. Um can we place a condition that a short-term rental would never be allowed here? And I don't know what the right wording would be. Short-term rentals can. We dealt with that. We have nice short-term rentals. We can't I I understand

ADU is different. I I I mean I I get it. The question or concern was rental and that's that's what I was getting to that we have the consequentity language but then at the same time it passes and they decide to sell you know 15 20 years from now then it may not be a short-term rental but we don't know if it's got the consequentity and all that. At least we can put the the belts and suspenders for short-term rental. That's my thought. It's it's under the radar. How many under the radar uh short-term rentals are there? So, we could we could put some belts and suspenders on that that it's actually in the document that created it as a as an enforcement mechanism.

So, yes, sir. That could be a condition that you attached to the CUP if the council were so inclined to do that. Uh as it as the short-term rental and UDC exists today, it would not be allowed, right? So, because of the revisions y'all made, was it last month? Um, this is a residential area and they could not qualify to get a short-term rental permit. Uh, if those regulations changed in the future, um, as a condition of the CUP, you could rely on that if if that were ever to happen.

But I think more the bigger question is long-term rental. Well, past that, I mean, it it you know, not necessarily this gentleman here, but um like I've asked before when the property changes and somebody I mean, we've seen it, you know, now somebody rents something for short-term rental, not necessarily ADU, and they come in and say, "This is my brother, this is my nephew, this is my whatever that fits the description here, Lawrence, I'll ask you for the every time one of these comes up." How do we enforce that? and and the answer is still the same. It's problematic. Don't get me wrong, it's it's possible. I mean, probate courts and family law courts look at this same exact language and enforce it every single day, but it's not something that traditional code enforcement would do. We don't normally look and get ask people to get a blood test um to approve their relationship status. We don't normally ask them to show us their marriage certificate. Um so that that's not a traditional code enforcement mechanism. which is what makes it problematic. And then we also generally would not know when property changes hands as council member Shvaria said um to to even know to go and look to enforce it. So you know by time you go to enforce it the person already has a signed lease uh for whatever period of time and that's where the problem comes in,

right? because the city's not going to go and ask for blood samples to prove up this number one condition. If you were to ask me as the city attorney, do I recommend ordering blood test kits for that? I I would say no, sir. Uh that that's not a traditional function of us and it's probably not the business we want to be in. Right. Right. And I and I understand that. So, I mean, it basically guts this provision, but that's fine,

Mr. B. If if we added that language, and I would say not necessarily just to a short-term rental, but to rental period to the CUP, I I know that some of the code enforcement issues that we have with properties currently have a very long drawn out process to try to get them into compliance. If we added that to this, would that abbreviate that process? Because we could go back to the cup and say violate the CU.

Yes, sir. Uh just as you have a process for granting a CUP, you should have some sort of process to revoke a CUP. Say the conditions not met, therefore the CUP is gone. Uh our process right now is for them to essentially it's delegated to uh the director of community development for that revocation process and then if they wanted to contest that they could bring that in front of city council. So that there would be a process for that. Um it's just not the one that we've had to use or or that we would normally look at. Okay. Um couple couple more questions for you as the property owner listening to this so far having that type of stipulation put in here that you can't rent it to anyone. Um you have any issue with that?

No, not at all. Okay. Um, and then Vance, if we go to the floor plan, um, um, correct me if I'm wrong here, Vance, because I I have small amount of experience with these. If he removes that oven from that kitchen with no gas pipe run to it, no electrical outlet run to that location where it could be retrofitted later, he removes that. He can do this by right and doesn't need a CUP. Correct. Yes, sir. It wouldn't meet the definition of a dwelling unit,

right? Um, how what does that stir up in in your mind? Are you wanting to potentially have this shot down as a CUP or do you want to remove that range and it no longer is an accessory drilling unit under our code and go get your permit and build it? Uh um I'd like to first stick with the uh original conversation so that my mother would be able to her own dinner as she sees fit. Good answer. I would like to stick to the original conversation to begin with

so that uh my mother would be able to cook her own dinner as she sees fit.

Good answer. Thank you. The one thing I did want to interject just because I heard um rent um I I I don't pretend to be an expert in estate planning. Um but I I I did enough in my earlier career to know that you might still want to rent to a family member, especially an aging and place family member because that might actually help them. You can give them all the money back. You don't have to take money from your mom. Uh, but you want to show that she has that rent and that obligation to keep her qualified for certain government benefits. Um, so if there was a stipulation, I wouldn't recommend that it say you don't rent. It's just that you can only rent to the people related as part of staff condition number one. And I just put that there because which which I've seen I've seen how it negatively affects people uh on the benefit side which which I can appreciate. Thank you for for mentioning that. However, it does put us right back to the same conversation, right? Um and so there's a that's that's the challenge and and for the the general public listening to the conversation, there's a big difference between the perspective of PNZ and the perspective of council. Um whereas P&Z is looking at what can be done on the property. Is this okay or not? Council has to look at larger larger impact which is why it's a big discussion. Right. Um so I I can appreciate that. looking at the the larger picture for the community, I think you probably have an easier time of getting this past putting that in there because the issue is is there are properties around the community that we don't have the ability to stop them doing things in their homes that are detrimental to the community, which is not what you're intending to do at all. It's future planning because once it's done, it's done, right? That that's what we're ultimately trying to figure out. Any other questions,

comments? Mayor Oh, sorry. Go ahead. Go ahead.

Um, I mean, I I I hear the the stipulations and comments, but at the end of the day, we got a a homeowner that wants to build add 600 foot for it mom to live out her final days. Um, I I struggle saying no with that. Let's put put the stipulations on. Um, and it's not lost on me when you go to the map, the street behind you is Verona, which that's probably one of the biggest nightmares we've dealt with in terms of short-term rentals. And so, whatever teeth we need to have in in case this becomes an issue 20, 30 years from now, let's put it in there. But at the end of the day, um, you want a place for your mom to live right there. I' I'd want the same thing. and I'd be I' I'd be highly upset and probably wouldn't have a a stove in there. Um, so anyway, I don't know if if is there any other um I guess in in the in the future if this was to sell, there were to be issues with there being a ADU on that property, does staff have enough teeth to rectify that issue? So we don't end up in a Verona or a Magnolia or some other uh some other scenario where we're sitting here going through a six-month enforcement battle because we don't have the right tools for many cups. I think that you don't want to have it expire automatically or have it be renewed automatically. um it's it's often not worth the investment to the property owner to build something and then risk it going away after 5 years u or whatever the

time period. Um that may be something that the council could consider. You know, every 5 years this renews um upon proof that the person who is living there is related to you by blood or marriage. Um that would be something I think that you can consider. Um I'm trying to think of what other automatic things uh an annual verification that under penalty of perger perjury if they did that then if they perjured themselves um by saying that the person who is there is related by blood or marriage that would be something else you could consider. Of course, if if we thought that they were not being honest about that, we would still go back to, "All right, well, now traditional code enforcement. Are we ready to pull the marriage record or are we ready to get the blood test or whatever?" But, but that is something to consider an annual verification or a 5-year renewal process. Uh, it's still not going to get the second life of the unit. I mean, I think that the next person who buys it, if they know that, you know, this is perfect for whatever secondary income to help me pay for it, they may have that um they they may have that expectation and then when the permit gets denied, of course, it'll be be a different group of people on the dis 20 years from now. I But that would be something I think that you could consider. So what is that? Let's say that it renews every five years and and mom passes away nine years from now. They come back and they can't renew it. We're not making them demo the ADU. Like what? So what? They don't renew their CUP. Then what? Um and that's where we get into that traditional enforcement issue in the circle that we're in. So they can have it. They would have to I suppose you could do a chapter 54 action to ask them to tear it down. Um,

that's not normally where I would think city council would go. You could do a chapter 54 action or try to find a code enforcement issue so that you can remove the stove from the unit and then whoever lives there has to use the living room with the less I'm sorry, the kitchen and the dining room with the less the rest of the family. Um, that would be an alternative uh to force them to take that component out. I I don't like our odds if we were to go to a judge and ask them to remove the stove, though. Um I'm I'm trying to find paths. These are the ones that up at the dis I can think of.

Thank you, Mr. Patel. Thank you, Mayor. Um is that David? Yes, sir. Oh, um David, I think you can hear the concerns of council, but I will tell you, um where does your mother live now? Uh, she lives in the apartments. Uh, what is that? Right next to this old Kroger. Okay. And how long have you been in that house? I've been there. I'm in my fifth year, I believe. Okay. And I guess we send these notices to almost like two dozen people and no no one came and said anything. And

I've I've spoken to uh many of my neighbors. I have some text messages where they were clarifying the same thing. What are we looking to do? And they got and so look I I have a soft spots for elderly uh parents. I don't my parents don't live here but um good for you. Good for you want to take care of your mom. So I have no problem. Um and member Byron maybe you can educate me on that what you were talking about. You're saying he could just remove the gas line and then he could go build this without our permission

under our current building codes. if he built the structure where code enforcement could go not code enforcement building inspector goes in Vance correct me if I say this wrong they go in and inspect the house during the rough end stage mean your studs are open wiring electrical plumbing all that you can do you can view it and there is no spot set up to put a range in there's no gas line run there if you want to run a gas range there's no 220 if you want to run an induction cooktop right there's nothing there to set it wallet in, put in cabinets. As long as there's not a slot to slide a range into our co our definition of an accessory dwelling unit is a completely livable space. If he takes that cooktop, he takes that slide in oven out of there, it is not a livable space anymore because you have to have a fully functioning kitchen to consider it that you take that out, we have no say in it. He can build he can build the entire thing. you know, throw an appliance on the countertop and work with that.

I I did not know know that. Thank you. But look, again, I can I I understand my um council members concern and I do hear you on what member Carbone, you know, I think it's great what you're doing. Um and so wish you all the best. Thank you. Thank you. Any other questions, comments?

Yeah, I just kind of want to echo a few things. first and foremost um the ability and want to take care of your mom. I think that's uh the the best thing that you could be doing in this situation. Um I'm I'm not necessarily against ADUs. I think uh people along this DIY not necessarily against ADUs in and of themselves. It's what happens down the road. Uh, and if all of a sudden every u every property around that area all of a sudden had ADUs and then the next generation of them, we've turned the neighborhood into a multif family unit. I know that's not the intent here. What we're trying to wrestle with is how do we avoid some of that problem into the future. Um, but personally for me, uh, I'm won't be voting on this because we have seven members present. I'd be voting to give you the the ability to do the ADU because I think what you're doing for your mom is the right thing to do. Um and it's your property and I think we should let you do with your property what you need to do.

That's my that's my opinion. Thank you. Um and um but again we have to look out for sure what happens down the road, right? May I may I ask a question? Yeah. Yeah. Uh so the original recommendation where um the occupant must be uh must be there's that word consequentity that one uh or affinity right so that is a legal definition after looking it up so that that is a legal definition so I I wondered um you know if if it has to be a person that is those things.

Yeah. So, it it's it's basically wanted to make sure that if you've got somebody living there that it's somebody that's related to you, right, in the first or second. So, could be your brother, it could be your mom, it could be um I guess where does the concern turn into renting then if this if this is already a right a recommendation that's been so that's

no longer well if if it is then it comes into enforcement. So, as our conversation is, it's the enforcability of it. You may tell us, "Yeah, this is my uh this is my, you know, brother, whatever." Um, but to to truly enforce it, we may have to do a blood draw. And and what's the likelihood of the city coming and saying, "We're going to do a blood draw." It's pretty highly unlikely that this council is going to order code enforcement to do a blood draw. Uh can doesn't necessarily mean we will. is that's really the only way you can enforce that. That was the question Mr. Kosa asked of legal counsel was, you know, how do you enforce this? Well, you really don't. Uh it's here, it's there. We can if we choose to, but you're probably not going to have the council going and let's let's order blood kits and and doing a blood draw. Um, so which is why I backed it up and said, "Okay, if we're not going to have rental on the property." Um, and and and short-term rentals are already prohibited in the residential area anyway. Uh, but if it's not going to be a rental now, next thing you're not at least you're not renting it out as a second house even for a long term and it and it cuts down on the multif family opportunity in the future. So, right,

um, it does put some protections in there. It just doesn't put all of them. Hope that answers your question. That's why I like the rental component to it because the conquinity component, yeah, it's the law. I understand your question, but enforcability is the problem, right? However, having the rental component, that's easy to enforce. You're renting the property, you can't do that. Got to get one of my questions. I don't want it to come off as argumentative. So, please don't misunderstand my intent. But if you don't have the ability to enforce how is the conversation reaching this point where uh then we just want to prove it because we can't enforce it. It's kind of gross.

I was going to say I don't know that we have the I don't know that I would say that we don't have the ability to enforce it. The renter part. I apologize.

Yeah. Yeah. on the rental. Um, you know, I I guess, you know, through certain investigations to find out who's there and those types of things, we could. Um, but to your point, I mean, I again, I I think there's a there's a conversation here on your property, what what you should be allowed to do with it, and then at the same time, how do we how do we protect long-term effects to the neighbors? Um, any other questions, comments in this public hearing? We got the item to talk about as well. Seeing none, um, we will move to new business item number one. Mr. Carbone, would you present that? Sounds like we might at least get an amendment to it.

Thank you, mayor. Consideration, possible action resolution R2026-C 2022-0571. So move. Second. We have a motion and a second. Uh, you want to make a motion or amendment? Uh, yeah. Uh, so I will motion that we amend the proposed CUP to include language that restricts rental of the accessory dwelling unit. Second. We have a motion and a second. Any questions on that? Is that clear enough for the condition? Okay. Uh, any other questions on that? All right. So, Madam Secretary, we're going to vote on the motion to amend. Uh, so with that, please call for the vote.

Mayor Poten Byum. I member Cade. O, member Fernandez. Uh, I member Patel. I member Kosa. I member Carbone. I, member Chavia. Hi. Motion passes six to one. We now have a amended motion. Uh, there. Uh, any other questions or comments on the motion on the table? Do we need to put on the uh staff's amendment as well? Oh, part of the proposal is uh No, we do need to add number one or is it automatically in there? Don't believe it's in there. I'm double checking right now.

Okay. I was assuming it was already in there today. Yeah, it would need to be added. Staff condition one is not currently included. You want to go ahead and let's uh probably say staff condition one. Okay. Yeah, I'll make a motion for staff condition number one.

We have a motion, a second on making sure staff condition one is on there. Any other questions to that? So, we have another amended um motion to amend on the table. Madam Secretary, call for that vote. Member Kosa. Hi. Member Carbone. Hi. Member Chavia. Hi. Mayor Potenum. Hi. Member Cade. No. Member Fernandez. Hi. Member Patel. Hi. The motion passes six to one. All right. So, we have a fully amended motion on the table. Any other questions, comments? Seeing none, Madam Secretary, call for the vote. Member Carbone, I. Member Chavia, no. Member Byron, I. Member Cade,

no. Member Fernandez, no. Member Patel. Hi. Member Kosa. Hi. The motion fails three to four. All right. Sorry, guys. We'll be moving on to public hearing number two. Gotcha. Same drill.

Thank you, mayor. This is a request by Kenetra Brochington, applicant on behalf of Thomas D. Raspberry, owner, for approval of a conditional use permit for auto repair minor on approximately 0.337 acres of land within the Oldtown General Business District located at 2418 Main Street. The applicant is proposing an auto repair minor use in an existing building along Main Street. And within the applicant's letter of intent, they're focused on specialized performance electronics and a calibration shop. Public notices were sent to all property owners within 200 ft of the request and a notification sign was placed on the property by the applicant. We did receive one written comment against the request on Friday, February 20th. Surrounding uses include a restaurant with a drive-thru to the north. South is an existing auto repair. To the east is undeveloped property as well as Main Street, and to the west is train tracks and residential zoning. on the future land use place type. This area is designated as the commercial center. And this map is showing the existing auto repair locations. Within a onem radius, there is approximately 16. Within 2 miles, there's approximately 36 auto repair uses and within 3 miles there is 52. Shown on the screen is the applicant's site plan showing the existing building along with their proposed parking plan. And staff analysis is that the proposed conditional use permit met the established criteria approval for a conditional use permit. Proposed use was consistent with the policies noted in the comprehensive land use plan as well as the Thoroughare plan. Staff

recommended approval of the conditional use permit and the planning and zoning commission voted six to zero to recommend approval. And that concludes staff report. Thank you, mayor.

All right. Thank you. Is the applicant present? You have a presentation or just here to answer questions. Okay. Thank you. Thank you for being here. Uh we'll move forward in our agenda for those wishing to speak for or against this proposed request. Go to the podium. Give us your name. You have three minutes to speak. Second attempt, those wishing to speak for or against this proposed request. Third and final time, those wishing to speak for or against this proposed request. Seeing no one move in that direction, we'll move to questions, comments, and concerns from city council. We'll open that up. Anybody have anything? Yep. There was uh staff noted one letter in opposition. Did they give a reason why?

They did. They shared that there was concerns about the noise related to the proposed use along with the residential to the west and familyfriendly restaurant to the north. Thank you Maria.

Thank you mayor. Um so how does this type of business align with the old town uh revitalization u framework? So, great question and I would say it's kind of a mixture honestly. Uh, you know, Oldtown revitalization is going to be a combination of pushing for that new vision while also making sure we're cognizant of what's existing and trying to grow in place. And so, uh, with that, would I say it's perfectly aligned? No. However, when it comes to being aware of what's along Maine and existing and and being respectful of those businesses that are here and successful and trying to grow, I would say uh, that's where staff support comes from. Thank you. It's good. Mr. Koza,

could I get the applicant to go to the podium, please? And again, ma'am, just give us your name for the record when you're when you're there. My name is Kenny Tre Brochington. Um, our proposal says that we're applying on behalf of Thomas Raspberry. He's our landlord. The name of our business is Modern Speed Works. Okay. Um, thank you for for being here this evening. Um, as far as the one complaint, uh, it talked about noise. Could you kind of give us, uh, some information about your business, what you do, how you do it, that type of stuff, so we could get an understanding of that?

Absolutely. Um, first, just to speak directly to the noise question. Um, operations for our business are primarily indoors. We're committed to complying with the city's noise standards. Um, and any additional conditions that you guys may come up with. Um, I'm not certain exactly what noises that particular person would be concerned with. As you saw on the staff's unprepared proposal, there's a train track directly behind us. And I mean, I don't we're definitely not more noisy than the train. Okay. But I was just I'm just trying to get an understanding what you do.

Absolutely. I just wanted to answer that speak to that directly. We didn't have that information. So we, you know, I just wanted to address that, but also just kind of understand your business. Absolutely. Um, so we are, as stated before, we're a performance shop. So our primary function would be to um I have the definition right. My tongue, sorry, I'm a little nervous. Um, you're good. Uh, ECUs like the the car's computer.

We install aftermarket computers for performance use. So, I don't know if you guys are familiar with like a company called Fueltech that we would put like a fuel techch ECU into uh a Corvette or even we've put them into um 69 chevels. So, it they're like now people are putting new engines in old vehicles. So, you need up to-date computers to communicate with those engines. Um, also a vehicle may come with come to us with a new engine in it. We would do all the wiring and plumbing, meaning like plumbing like you would say for your house. Um, so we're not changing tires or I mean it's not what someone would think of when you think of like a typical automotive shop.

So you're you're basically enhancing the performance of the vehicles.

Correct. Um also further um we're not a hightraic or public facing operation. We operate by appointment and with by referral. Our previous location was in I guess it would be considered New Parland. We were on North Main Street just uh just south of Beltway 8. So almost in Houston. Um one of the I guess highlights of being a client for us, we don't store, we never store vehicles outside. Um, we typically have one or two clients at a time. We'll work on a car for about for maybe anywhere from two to four weeks, sometimes up to a year. So, again, it's not high traffic. We're not we don't have cars outside all day and night like running back and forth and through.

All right. Thank you. Good. Yeah, Mr. U. Thank you, Mayor. Um, just real quick, what what is this current use of this building? Is it empty? It was empty prior to us leasing? Um, I guess for some context, when we signed the lease with Mr. Raspberry, we had no idea that this was not something we were allowed to do. We just I guess naively just thought that if it was on commercial, then we could operate a commercial. And if the landlord was fine with the use, Yeah. then it would be okay. It's been it's been empty I think for maybe 5 years or so. Mr. Raspberry was in the UR. Oh, he was an exterminator.

Okay. All right. So, I I I think it's a great great job. Good. Good for you. Good luck. Thank you. Any other questions, comments? Mr. Carbone, were you reaching a minute ago? I was. I hate to ask a question. Do you have a dyno on site? We do have a dyno. Does that get loud? Um, we have run it since we've moved it into the building just to test for this specific question. Um, there are venting fans and we can run it with the door closed and you can't really hear it outside the building. Okay. Thank you. Thank you, Mr. Fernandez.

One more question. Uh, first of all, thank you for being here. Uh, you mentioned that you were located on North Main, just south of the beltway near Excessive Racing Engines, correct? Were y'all real close to there? Yes. Yes. And so you left there to now uh make your own bigger uh location. Is that correct? It's actually smaller than the space that we Well, we have we occupied two or three units in the location that we're in. So it's less space, but it's it's a much nicer building. Understood. Thank you. Thank you. Any other questions, comments? All right. We're going to close this docu public hearing and move to new business item number two. Miss Chevia and thank you for being here tonight.

Thank you, mayor. Consideration possible action resolution R2026-CU 20225-0574. So move second. We have a motion to second. Council's had qu questions, comments, staff report and all that good stuff. Madam Secretary, call for the vote. Member Travidia. Hi. Member. I. Member Cade. Hi. Member Fernandez. Hi. Member Patel. Hi. Member Kosa. Hi. Member Carbone. Hi. The me motion passes 70 to zero. All right. With that, we'll move to new uh excuse me, public hearing number three. Gotcha. Same drill.

Thank you, mayor. This is a request by Dana Garnet, applicant on behalf of Amaldi Virani, owner, for approval of a conditional use permit for resale consignment shop use on approximately 2.438 438 acres of land generally within the business park 288 district generally located east of Business Center Drive south of Broadway Street and north of Magnolia Parkway. The applicant is proposing a 15,000qt resale consignment shop and the store is open to the public for the purposes of dropping off clothing and other apparel items for resale and purchasing. Public notices were sent to all property owners within 200 feet and a notification sign was placed on the property by the applicant. As of today, we've received no written comments or phone calls related to the request. Surrounding uses include floor and decor and a multi-tenant retail to the west. To the east is state highway 288 and to the north and south is undeveloped land at this time. within the future land use map within the comprehensive land use plan. This area is within the commercial center place type. And looking at a site plan on the left side, you see the full site plan with the Goodwill, parking, detention, drive aisles, driveways, and then on the right side of the screen is focused on the landscaping plan of the design of the Goodwill. Shown on the screen is the north and west elevation and here we have the south and east elevation. The proposed conditional use permit meets five criteria and may meet two criteria with staff's recommended condition and the proposed use is

consistent with the policies of the comprehensive plan and the thoroughare plan. And with that staff recommended approval of the request with the following conditions. One, two, parking lot trees shall be provided in the endcap islands in the row of parking adjacent to the northwest side of the building. Trees shall be a minimum of three caliber per inch measured at 12 in above the root ball. Trees shall be evergreen with year round foliage. Two, the keeping, displaying, or storing of any goods, materials, merchandise, or equipment outside of the principal building shall be prohibited. Any material, debris, or refuge dropped off on site must be located inside the building immediately or transferred to the dumpster. Three, the proposed elevations shall conform to the attached concept elevation sheets with the requirement that a minimum of 25% of the exterior wall facing Business Center Drive, the West Elevation, shall be transparent. And with that, the planning and zoning commission voted four to zero to recommend approval of the conditional use permit with staff recommended condition. And that concludes staff report. Thank you, mayor.

All right. Is the applicant present? You have a presentation tonight or just here to answer questions?

Okay, sounds good. If you uh if you would uh just go ahead and give us your name for the record and then go into your presentation.

Certainly. My name is Jason Miller. I'm the architect for the project. Uh so the first slide and this is to address item number three of the recommendations from planning zoning related to the transparency of the elevation with the storefront which is 25% is the recommendation. So this is the elevation as we currently have it designed and based on our calculations it's a 7% transparency. Um by comparison to some other Goodwills in the Houston area and and surrounding we picked three. This is a a retrofake Goodwill. Um it's a very minimal storefront on the front. Um don't have the exact numbers, but it it's definitely not 25% based on the size of the building. Another example of minimal storefront. Um and again, these this is to facilitate how they function with their their display racks inside the building and also to help with security. And a more recent uh brand new build um in Corpus. And that's all they have are the two front doors. Uh by contrast, looking at floor and decor on the other side, they're a much larger building with much less storefront uh comparatively. Um so what we did look at is what we could do to try and comply with the 25% um by adding increasing the height of our storefront and adding some transoms on the right and left of the entry which doubled from 7% up to 14%. Um, and that's what we've been able to come up with as a solution to try and compromise and come to some agreement.

Okay. Is that uh all of your presentation? Yes. Okay. We'll uh let us do the drill for and against and when we get some questions, we'll uh we'll be right back to you. Okay. All right. Those wishing to speak for or against this proposed request can go to the podium, give us your name. You have three minutes to speak. Second attempt, those wishing to speak for or against this proposed request. Third and final time, those wishing to speak for or against this proposed request. Seeing no one moving in that direction, we'll open it up for questions, comments, concerns from council. Repotim. Uh, is anybody from Goodwill here or are you the only representative?

Uh, no, I'm the only representative. Okay. Um, guess I'll ask staff then. We have one in town currently and it almost always has stuff outside when you wake up in the morning and so how do we navigate that? I I will say that they do a good job at the location here in town. But what I I'm just not familiar with what our processes are to ensure that things aren't stored outside.

I would say it's going to be ongoing maintenance and monitoring to to ensure that. And just when it comes to the CUP in general and a consignment shop in BP288, it's obviously why we wanted to have that condition and also why we have this one up just because of transparency. You know, I think this is also a good example of the storefront transparency. I'm not sure what percentage that is, but I'm confident it's over 25%. No, my my other question for for you on your architectural design, um, if you want to put that back up, is there a specific reason why Goodwill or you guys are proposing so much masonry? I mean, it would be cheaper to just go to glass than to go up and have more aside and then put transoms in. So, is there a particular reason why you're trying to maintain such limited transparency on the ground floor?

I think it it is a a the nature of cost of construction. We're trying to mitigate that for the project, but also just the the use of goodwill and needing to have their storage internally for all their aisles and racks and and display items. Can you put the floor plan back up? All we have is elevation views. We don't have a floor plan. Yeah, I don't think there was a floor plan in our presentation. Okay. This is all we That's a site plan. But

did you mean site plan at all? That that helps. Um I'm just trying to get my bearings on that. And I understand from a storage perspective, I don't understand it from a construction cost perspective. Um, but what's on e what is on either side of this location? Do we know? Right now there is an application in to construct a yummy seafood buffet

and then on the other side it is currently vacant. I think the issue I have is that's our corridor overlay standard and it's woefully underneath it. Um I mean if it was at 20 or 22% you really can't tell the difference between that and 25. That's one thing but it's 7% and and only going to 14 I think that's part of the problem. That's that's that's telling anyone that's coming in that we just no longer care about the 25% standard. Um especially on a new build. We should be able to get to that on a new build. So, it's retroing. I get it. The other um the other Goodwill was a was that that was a storefront that was already there and they took over leaf space and and moved into it. So, um any other questions, comments, Mr. Carbon? Y

um would you go back to the east and west views? So, so that east elevation, that's what you're going to see driving down 288. That's correct.

I I struggle getting too excited about this is on 288. This is our the the biggest freeway we have going through town. Um I guess if we want to pass it with staff conditions maybe, but if you can't figure out the glass, figure out a different location. Not to be a jerk about it, but um yeah, I think it's If you can't make it work, then you can't make it work. Sorry.

Any other questions, comments? I don't see anybody moving that direction. So, we'll close the public hearing and we'll move to new business item number three. Mr. Byron will present that. And you want to present the conditions or the the Yeah, put the three conditions up. Okay. I would just put in the motion, please. Just lost the There it is. So cute. I just lost the Thank you. I lost the that part. Yeah.

Before we get to the that part consideration, possible action resolution number R2025-CU 2022-0572 with the three staff conditions as presented. So moved. Second. We have a motion, a second. Uh any other questions, comments? Can I ask one more question with uh uh Matt Buchanan back there? How much do we spend on those pairs? We spent over 20 million on the corridor and I would say probably about three million on the pairs. Okay. This is the same corridor that we want the back of a Goodwill facing.

I would say no, but that's not my my choice. But no, I would say no. I would not. It's just a very highly visible space with two frontages on two major roads. So, thank you. Sorry, real quick. And I I think if if we're giving feedback, one thing that bothers me, you have the detention pond right along 288 service road. And in the future, if they build that service road, if you do build something, don't you want access to it? I mean, I'm just it's just a thought because you have it right along that property line. So you wouldn't be able to get an access off 288 if the service road ever got built.

All right. Thank you for that. Uh Madam Secretary, call for the vote. Mayor Putin Byum. No. Member Cade. No. Member Fernandez. No. Member Patel. No. Member Kosa. Hi. Member Carbone. No. Member Chavia. No. The motion fails 0 to six. Right. Moving to item number four. Miss Kade, would you present it, please? Yes, mayor. Thank you. Consideration and possible action. Resolution number R 2026-45. So moved. Second.

We have a motion, a second staff report. Thank you, mayor. Uh we recently amended the TUR 2 plan to include uh this project, which is the Kingsley Clear Creek Bridge expansion project. And so, um, we're actually working with the Paraline Economic Development Corporation to, uh, finance this and their board recently approved this engineering contract for the design for the bridge with LJA Engineering. So this action item uh authorizes that contract uh that EDC approved as well as um authorize entering into a reimbursement agreement between the city and the economic development corporation uh for the funds that will support the project.

Any other questions, comments? Seeing none, Madam Secretary, call for the vote. Member Cade I. Member Fernandez. I. Member Patel. Hi. Member Kosa. Hi. Member Carbon. Hi. Member Chavia. Hi. Member Patum. Hi. The motion passes 7 to zero. All right. Mr. Hernandez to you. Number five, please. Thank you, mayor. Consideration and possible action resolution number R2026-5. So moved. Second. All right. Staff report.

Thank you, mayor. So, this item approves a unit price contract with 40 construction company. uh they're the company currently doing the asphalt paving in the Wesley subdivision. And so this is the next group of uh roads that we've planned for uh doing asphalt repair and restoration on. And there are, I believe, seven seven different locations as listed in the packet. Uh so we recommend approval uh in the amount not to exceed the available annual budget and the estimated amount of this award is just a little bit over $985,000. Thank you, mayor. All right. Any other questions, comments? Do. Yes, ma'am.

First of all, thank you. Thank you. Thank you. Appreciate it. Um, so I just want a clarification on the funding. So, is it from CIP from Wesley drainage through general funds? So, there's a a big the biggest portion of this is in I believe FY25. We did allocate some capital funds. I think when we talked the other day, I I had forgotten we had allocated those capital funds towards asphalt repair and restoration projects and so we spent a portion of that in FY25, carried the remainder over into FY26. So that's what's funding this. Thank you. All right, Mr. Carbone.

Yep. Thank you, Mayor. Um I know it says in the packet, but just for the record, how did we pick these segments? So it's based off the pavement condition index uh on our study of all the roads throughout Parland. So we determine basically this is the next group of roads with I believe the lowest PCIs or the ones that are within this type of repair that have the lowest PCIs.

All right. And there's a how can you how can any of the citizens find that dashboard because that's all public facing data. Sure. So, um they can go to our GIS um page, I believe, or through the engineering page and link to that either way. So, if you go to our our homepage and there's a drop down at the top that goes to maps, that gets you to our uh GIS page and then the the dashboards are there and there you can see what projects we're doing um with the county, which projects we're doing through contracts like this and the other projects that are associated with other projects. And last thing, I know uh Councilman Kosa shared some info on potentially some new technology on injecting some codings or something to get us uh a little bit u longer run in our budget. Um I know you haven't had time to look at it yet, but that that's something that'll will be analyzed and come back to us.

Yes, sir. Actually kicked it over to the team. We had a brief conversation this morning about um you know getting through looking at that and seeing where we may have some potential uh appropriate streets for that type of rehabilitation as well as we're going to talk to um I believe Irving Texas has you utilized that technology so talk to some folks that have used it see how it's working for them see where it's appropriate to use and then see within our network what uh may be appropriate. All right. We'll we'll report back on that. Thank you. All right. Any other questions?

Trent, in this it the l I don't remember ever seeing it written where it says in an amount not to exceed the available annual budgeted amount. Is that if I just missed that language before?

I think we did that on a recent one. Um doing asphalt road repairs. It just we set, you know, the the the contract sets the unit prices and then we're showing you that we have 867,000 and some change um available uh from the budget. And then this what we've got designated to do the work here is 800 uh almost 826,000. And so it just gives us, you know, some leeway to go ahead and spend the rest of those budget dollars if there's additional uh work in and around these streets or if there's something else we can add as we move forward. But we want to make sure we've got the authorization to spend the dollars, spend all the dollars. Okay, perfect. Thank you. Yes, ma'am.

Any other questions, comments? Seeing none, Madam Secretary, call for the vote. Member Fernandez, I. Member Patel. I. Member Kosa. I. Member Carbone. Hi. Member Savania. Hi. Mayor Poten Byum. Hi. Member Cade. Hi. The motion passes seven to zero. All right. The next um one, two, three, six,

four of these uh will be done by full text that we'll have Lawrence read. We'll do them one at a time because we have to vote on them one at a time. But as he reads the full text like Mr. You'll be first, you know, so move is all you have to do. You know, when it's done, so forth and so on. Um, and we'll get through these. So, Lawrence up on number six,

consideration and possible action resolution number R2026-46, a resolution of the city council of city of Periland, Texas, authorizing the power of eminent domain to acquire a 0.4168 acre fee interest for a public road rightway and a 0.0814 0814 acre easement for public waterline and sanitary sewer improvements located in the Richard T. Blackburn survey abstract number 160 city of Perland Harris County, Texas being a portion of that certain called 2acre tract conveyed to William D. Barios or by an instrument of record under clerk's file number RP-2021-724669 of the official public records of Harris County, Texas, authorizing the city attorney or his designate and other city officials to take such such actions as are necessary to acquire said property located within the city by donation, purchase, or by the exercise of the power of eminent. domain.

So move. Second. All right, we have a motion to second. Any staff report and maybe staff report on all four of these? So we can just

Sure, we can do all four. So these are all associated with infrastructure projects we're doing in the lower Kirby area, roadways, uh drainageways, as well as uh easements for water and sewer infrastructure. And um so we've, you know, worked through the process of acquiring these. We've done our appraisals. We've made our initial offers. um provided the property owners with the land owners bill of rights required by the states and attempted to negotiate these. And these are just at a point where either we have not heard back from the land owners or their counter offers have been significantly higher than the appraised values. And so um you know working through these in the Harris County uh area uh it takes a little bit longer to get through this uh imminent domain hearing process. So, we want to move into this now, keep these projects on schedule, and um we can continue if the owners come back to us with any counter offers, we can continue to meet and negotiate those things to try to close them before we go to imminent domain. But ultimately when they go to that we'll present our appraisal appraised values and our appraisals and they can always offer um you know uh counter testimony to that and then the uh special commissioners hearing court will determine what the value of that property is um so that we can acquire it for the public purpose associated with the projects.

Any questions, comments? Mr. Kos. Yes. Thank you, mayor. Uh so just rough characterization is it they won three times, five times, 10 times. So there's multiple ones in here. One of them I think the appraised offer was $181 and the owner's counter 181,736. The owner's counter offer was $2 million. So um and then that that's for this specific one that's on the agenda right now. Number six,

that's for that specific one. The next one, uh, we made our offer per the appraisal a little over $100,000. We have not received a counter offer. Um, so generally when we're not getting counter offers or going back and forth, we have to move towards this process. And then the third one, 13,665 and we have not received a counter offer. And the fourth and final one, um, city appraised, uh, value is $60,81 and the owner's counter offer was $750,000. That's I just wanted it on the record so that Yes, sir. that it's 10 times or better. We're not haggling over a few dollars. Yes, sir. Any other questions? Absolutely.

I just have one one question. looking looking at the maps of these properties and what we're looking to acquire like number six that we're looking at right now. What what are we actually looking at? I see the light blue and the dark blue and all that. Sure. So the the teal color or light blue that is the road right ofway for the future widening of I believe that is Kingsley and then the waterline and sanitary sewer easement is the portion highlighted in blue. So this is the east west road as well as the right of way for Kingsley and then the associated easement adjoining the road right away for water and sewer easement. Thank

you. The others will have some drainage area as well. I think the yellow is just denoting Kingsley there. The acquisition is just for the east west roadway and then the sanitary sewer line uh south of that Kings. Any other questions, comments? Oh, I'm sorry. That that Kingsley does extend south just a little bit. That is the apron to it. Last call questions. Seeing none, Madam Secretary, call for the vote. Member Patil. Hi. Member Kosa. Hi. Member Corbone. Hi. Member Tavia. Hi. Mayor Potenum. Hi. Member Cade.

Hi. Member Fernandez. Hi. Motion passes seven to zero. All right. Same drill number seven. Mr. Kos, you'll be mayor or

Lawrence is going to Yeah, that's fine. uh recommend a motion uh consideration and possible action resolution number R2026-49 a resolution of the city council of the city of Parland Texas authorizing the power of eminent domain to acquire one a 0.0892 acre fee simple interest for a public road rightway two a 0.4895 acre fee simple interest for drainage improvements and three a 0.0446 0446 acre easement for public water and sanitary sewer improvements. All located in the James Hamilton survey abstract number 876 city of Perland Harris County, Texas being a portion of that certain called 5.0942 0942 acre tract conveyed to GTP acquisitions 2 LLC by an instrument of record under file number 20111 0236843 of the official public records of real property of Harris County, Texas being a portion of lot 32 and a half of block F of Allison Richie GF Coast Home Companies part of Suburban Gardens subdivision recorded under volume 3, page 40 of the map of map records of Harris County, Texas, authorizing the city attorney or his designate or other city officials to take such action as are necessary to acquire said property located within the city by donation, purchase, or the exercise of power of eminent domain.

So moved. Second. We have a motion to second. Uh same staff report as before. Yes, sir. if you and on the map there is a yellow portion on here and that's associated with the drainage and then the other colors are the same as the last map road right away and easements. All right, any questions, comments? Seeing none, Madam Secretary, call for the vote. Member Kosa. Hi. Member Carbone. Hi. Member Chavia. Hi. Mayor Proin Byum. Hi. Member Cade. I. Member Fernandez. I. Member Patel. Hi. The motion passes seven to zero. All right. Same thing number eight. Mr. Carbone, you'll be up.

Recommend a motion consideration and possible action resolution number R2026-48, a resolution of the city of council of the city of Maryland, Texas, authorizing the power of eminent domain to acquire one, a 0.0382 acre fee simple interest for a public road rightway. Two, a 0.0332 0332 acre fee simple interest for drainage improvements and three a 0.0414 acre easement for a public water line and sanitary sewer. All three of which are situated in the James Hamilton survey abstract number 876 city of Parland Harris County Texas being a portion of that certain called 2.600 600 acre track conveyed to County of Harris by an instrument of record under file number 20008055 4490 of the official public records of real property of Harris County, Texas. said track being a portion of lot 19 and a half block F of the Allison Richie GF Coast Home Company's part of Suburban Gardens subdivision recorded in volume 3 page 40 of the map records of Harris County authorizing the city attorney or his designate and other city officials to take such actions as are necessary to acquire said property located within the city by donation purchase or by the exercise of the power of eminent domain. So moved.

Second. We have a motion and a second. Quick staff. Nothing to add. Nothing to add. Mayor. All right. Any questions, comments? Seeing none, Madam Secretary, call for the vote. Member Cabone. I. Member Chvidia. Hi. Mayor Patyram. Hi. Member Cade. Hi. Member Fernandez. I. Member Patel. Hi. Member Kosa. Hi. The motion passes seven to zero. All right. I'm going to do this one by memory. All right. I'm not going to do this one by member. I'm going to be really impressed. Yeah. Who's our designated mover on this one? Mayor, Miss Shavaria.

Thank you. Uh, I'd recommend a motion consideration and possible action resolution number R2026-47, a resolution of the city council, city of Periland, Texas, authorizing the power of eminent domain to acquire one a 0.3794 acre fee simple interest for a public road rightway and two a 0.0759 acre easement for public waterline and sanitary sewer improvements, both located in the Richard T. Blackburn survey abstract number 160 city of Periland Harris County, Texas being a portion of that certain tract of land conveyed to W. Bios Mechanical LLC by an instrument of record under file number RP2018533434 of the official public records of real property of Harris County, Texas, authorizing the city attorney or his designate and other city officials to take such action as are necessary to acquire said property located within the city by donation, purchase, or by the power or by the exercise of the power of eminent domain.

So moved. Second. We have a motion and a second. Anything to add on staff report? No, sir. All right. Any questions, comments? Seeing none, Madam Secretary, call for the vote. Member Tavadia. Hi. Member Mayor Patyram. Hi. Member Cade. Hi. Member Fernandez. I member Patel. Hi. Member Kosa. Hi. Member Carbone. I. The motion passes seven to zero.

All right, moving forward. Other business there none to be taken up here. Uh, mayor council issues for city council discussion. There is none. Uh, we do have executive session under Texas government code section 551.072 deliberations regarding the sale, purchase, lease, or exchange of real property as well as section 551.087 087 deliberations regarding economic development negotiations. Council will recess into executive session at 7 54

All right, city council has returned from executive session at 8:17 p.m. Uh, with that, we will move to new business uh continued item number 10. U Mr. Carbone, do you have a Yep. Motion for us. Thank you, Mayor. Got a couple of them. Uh first up, I'll make a motion to authorize the city manager or his designate to enter into a development agreement with Prospect 2403 and a reimbursement agreement between the city and the PEDC. So moved. Second. Time out.

That's new business number 11. Yeah, I think the order we went is different than the order we have on the two action items. Sorry about that. If if council member Chevaria would just step out, I think we can continue moving forward. Thank you. Development agreement. All right. Anybody on the record, Miss Shavaria has a conflict on that item, so she needed to remove herself from the uh proceedings before we had any discussion or vote. So, proceed.

Moved. Second motion, a second. We've had staff report, all that good stuff. Madam Secretary, call for the vote. Member Kobone. I member Mayor Prom. Hi. Member Cade. Hi. Member Fernandez. Hi. Member Patel. Hi. Member Kosa. Hi. The motion passes six to zero. Second. There we go. All right, proceeding to the uh other items. Uh Mr. Carbone, do you have a motions for us? Thank you, mayor. I'll make a motion to authorize staff to move forward with land acquisition for project 2601 as discussed in executive session.

So moved. Second. We have a motion and second. Madam Secretary, call for the vote. Um member Carbone. I member. Hi. Mayor Penyum. Hi. Member Kade. Hi. Member Fernandez. I. Member Patel. Hi. Member Kosa. Hi. Motion passes seven to zero. All right. I believe there's a another one. Last one. Uh I'll make a motion to authorize the city manager or his designate to enter in an amendment to the development agreement for project 2300 as discussed in exec session. So move. Second. We have a motion to second. Madam secretary, call for the vote. Member Carbone. Hi.

Member Chadia. Hi. Member Byum. Hi. Member Cade. Hi. Member Fernandez. Hi. Member Patel. Hi. Member Kosa. Hi. The motion passes 7 to zero. All right. With that, we will move to adjournment at 8:20. able to locate those types of things through whatever court records are available, birth certificates, marriage certificates, death certificates, that type of thing. So, is a niece, nephew, aunt, uncle, are they related?

Uh, yes, sir. And and if you want to put a limit on it for how far up or down the chain you could be, um you can say first or second degree of continuinity uh or affinity. Um, and we're happy to do