Nov 04, 2024 City Council Regular Meeting

DO WE HAVE A MOTION FOR THE REMAINING ITEMS AND THE CONSENT AGENDA? NOW? MAYOR, I MOVE TO APPROVE THE CONSENT AGENDA, WITHHOLDING ITEMS K, L AND M FOR FURTHER CON UH, DISCUSSION.

IN FAVOR? RAISE YOUR RIGHT HAND PLEASE.

ALL

[00:05:01]

MOTION CARRIES.

COUNCILMAN SMITH.

THANK YOU, MADAM MAYOR.

[5.k. Supplemental appropriation and contract award for Waxahachie City Cemetery security camera installation]

THE FIRST ONE IS KAY.

UM, AND THAT'S THE SECURITY CAMERAS AT THE CITY CEMETERY.

UM, I MORE OR LESS MY ISSUE HERE IS, UH, THE PROCESS, ONE THAT WE APPROVED THE FUNDING LAST YEAR, UM, WAS NOT DONE.

AND THEN WE WERE AWARDING THIS CONTRACT TO A, A DALLAS BASED GENERAL CONTRACTOR, UM, WHO'S NOT ONE, NOT LOCAL, AND TWO, NOT DOING THE WORK.

THEY USE A SUBCONTRACTOR, WHICH THAT'S ADDING TO THE COST.

UM, SO MY QUESTION ONE IS WHY ARE WE USING A GC ON A PROJECT LIKE THIS? UM, AND THEN TWO, WHY WAS, WHY ISN'T THERE A LOCAL OPTION? ALRIGHT.

UH, BECAUSE I REACHED OUT TO ONE, ONE LOCAL OPTION AND THEY WEREN'T EVEN MADE AWARE OF THE PROJECT OKAY.

TO BID ON.

SO, SO THEY, UM, SO BASICALLY WHAT WE DID IS WE CONTACTED A COMPANY THAT IS GONNA PROVIDE THE SERVICE THROUGH A JOB ORDER CONTRACT.

IT'S AN APPROVED METHOD FOR OUR PURCHASING POLICY.

UM, SO THEY DO WORK WITH LOCAL VENDORS, UM, TO SUB IT OUT.

SO BOB OWENS ELECTRIC IS, IS ONE OF THE, UH, ELECTRIC COMPANIES THAT'S GONNA, UM, HELP GET THIS PROJECT UNDERWAY.

SO AGAIN, THAT'S JUST KIND OF A WAY TO MAKE SURE THAT WE WE'RE GETTING THE PROJECT DONE ON TIME AND ON SCHEDULE BY USING A JOB ORDER CONTRACT.

IT'S A POPULAR METHOD.

UH, IT'S THE SAME METHOD WE USED FOR THE LIGHTING OVER AT OAKLAWN.

UM, SO, UH, TO ANSWER YOUR QUESTION ON WHY IT'S NOT A LOCAL ONE, UM, I'M NOT AWARE OF ANOTHER COMPANY WITHIN WAXAHATCHEE THAT'S AN APPROVED VENDOR THAT CAN DO JOB ORDER CONTRACTING.

WHY WEREN'T LOCAL OPTIONS THAT DO SECURITY CAMERAS CONTACTED FIRST? SO I RELIED ON OUR IT DEPARTMENT TO CONTACT A VENDOR THAT, THAT THEY'VE USED THROUGHOUT THE CITY.

UM, SO NCS, I BELIEVE IS THE NAME OF THAT CONTRACTOR FOR THE SECURITY CAMERAS.

THEY PROVIDED US A QUOTE FOR THE ACTUAL HARDWARE.

AND THEN ONCE WE REALIZED HOW MUCH IT WAS GONNA TAKE TO GET THOSE CAMERAS INSTALLED, THE BORING, UH, THE TRENCHING INSTALLATION OF THE POLES, THAT'S WHEN WE DECIDED TO CONTACT CENTENNIAL TO, TO GIVE US A SCOPE OF WORK.

DID WE CON, DID, DID WE CONTACT THE ISD AT ALL, UM, TO SEE IF THERE WAS ANY KIND OF, ANY KIND OF PARTNERSHIP OR WAY TO WORK WITH WHAT THEY ALREADY HAVE IN PLACE AT CHARS PARK? 'CAUSE THEY DO HAVE TWO SECURITY, TWO SECURITY CAMERAS THERE ON WIFI.

UM, THE CAMERAS ARE DOWN.

THEY DON'T WORK RIGHT NOW, BUT THE INFRASTRUCTURE'S THERE.

YEAH, SO, SO MY UNDERSTANDING, SO WHY IT WAS DELAYED LAST YEAR AND WHY WE DIDN'T SEE THE CAMERAS GET INSTALLED LAST YEAR WAS BECAUSE OF THE DELAY IN THE FIBER OPTICS BEING RUN TO THAT LOCATION.

UH, MY UNDERSTANDING IS THAT OUR IT DEPARTMENT WORKS WITH THE SCHOOL DISTRICT.

AND IF THAT WERE AN OPTION THAT THAT WOULD'VE BEEN PRESENTED TO US BY THE IT DEPARTMENT, THAT KIND OF GOES TO THE OTHER ITEM THAT WAS PULLED.

AND THAT'S, UH, ITEM M UM, I, I GET THAT IT'S THE COVID MONEY, BUT 219, WELL, $220,000 TO RUN FIBER TO THE CEMETERY DOESN'T SEEM LIKE A INTELLIGENT USE OF FUNDS.

UM, I DON'T KNOW WHY THEY NEED FIBER AT THE CEMETERY.

THEY DON'T HAVE PHONES.

UM, WE'LL STILL OFFER THESE CAMERAS.

SO WE'RE ESSENTIALLY SPENDING $300,000 TO PUT CAMERAS IN AT THE CEMETERY.

AND ALSO, OF COURSE, THERE IS A FACILITY THERE AS WELL.

YOU KNOW, THE, THE, THE SHOP THERE THAT WOULD BE, WE'RE TRYING TO BRING ALL THE, ALL THE CITY FACILITIES ONTO THE FIBER NETWORK.

AND THAT WAS ONE OF THE CHARGES THAT CAME OUT OF WHEN WE HAD THE COVID DOLLAR.

WE PRESENTED THOSE TO YOU.

WE LOOKED AT LIFT STATIONS, WE LOOKED AT, UM, UM, A NUMBER OF, OF WATER AND SEWER FACILITIES, BUT THEN ALSO THESE OTHER CITY FACILITIES THAT CAN, THAT CAN BE PIGGYBACKED ON THE F THE, UH, THE, THE NETWORK AS WELL.

AND SO THERE ARE SOME, SOME CITIES AND FACILITIES THAT DO NOT CURRENTLY HAVE FIBER.

SO THAT WAS THE IDEA OF USING THE REMAINDER OF THE DOLLARS TO TRY TO GET THOSE, UH, THOSE FACILITIES BROUGHT UPON IT AS WELL.

$300,000 TO PUT INTO OUR CEMETERY FOR SECURITY CAMERAS, IN MY OPINION IS COMPLETELY ABSURD.

THAT'S, THAT'S, THAT'S A, THAT'S A GROSS MISUSE OF FUNDS.

UM, WE HAVE AREAS OF TOWN THAT, THAT NEED FIBER, UM, THAT ACTUALLY HAVE CHILDREN IN SCHOOL THAT COULD USE IT.

UH, AND THERE ARE CITY FACILITIES NEXT TO SOME OF THOSE, UM, $220,000 FOR FIBER, $75,000, WHICH IS $25,000 OVER WHAT WAS ALREADY APPROVED FOR SECURITY CAMERAS AT THE CEMETERY.

THEY

[00:10:01]

DON'T NEED WIFI.

I'VE ALREADY CONFIRMED THAT THE CAMERAS CAN BE RAN WITHOUT WIFI THERE AND THEN IT NOT BEING ANYBODY LOCAL.

AND WE'RE U USING A GC BECAUSE WE'RE RUNNING IT THROUGH THE IT DEPARTMENT INSTEAD OF LITERALLY ANYBODY ELSE THAT COULD DO IT.

THAT'S BEING PAID TO MANAGE PROJECTS.

I CANNOT GET BEHIND SUPPORTING $300,000 FOR SECURITY CAMERAS AT THE CEMETERY.

ANY OTHER COUNSEL, UH, WANNA WEIGH IN ON THIS ITEM? JUST A QUESTION.

IS THE WIFI AND THE, AND THE FIBER OPTICS THERE ONLY GOING TO GO TO THE CEMETERY AND STOP? OR WILL IT CONTINUE ON DOWN EVENTUALLY DOWN THE TRAILS AND EVERYTHING ELSE SO THAT THERE CAN BE CAMERAS ON THE WALKING TRAIL AND, AND ALL THAT TO PROVIDE SAFETY, YOU KNOW, THAT CAN BE MONITORED TO WHERE WE CAN SEE IF THINGS HAPPEN ON THE TRAILS AS WELL? OR IS IT JUST GONNA STOP AT THE, AT THE, UH, CEMETERY? THAT'S A GREAT QUESTION.

NO, MY UNDERSTANDING IS, IS YOU, YOU MAKE YOUR WAY DOWN THE TRAIL.

SO YOU HIT THE CEMETERY FIRST AND THEN CONTINUE ON TO GETER PARK.

SO IF WE DID NOT DO THE CITY CEMETERY PIECE, MY GUESS IS, AND AND I CAN CONFRONT WITH, WITH, WITH, UH, WITH THE CONTRACTOR, BUT THAT 165,000 FOR GASSER PARK DIDN'T GO UP BECAUSE IT'S, IT'S PIGGYBACKED ON THAT.

WELL, THAT'S WHAT THIS IS.

I'M SAYING THIS IS THE IDEA PORTION.

ULTIMATELY THE IDEA IS TO GET SECURITY ALONG THE TRAIL.

UM, ULTIMATELY, WELL, THAT'S WHAT MY QUESTION IS.

YES, SIR.

SO THERE'S, THAT'S ONE REASON, BUT THAT'S A GUESS.

SO WE DON'T EVEN KNOW FOR SURE IF THAT'S WHAT THAT'S GOING TO DO.

WELL, I DIDN'T, I DIDN'T PRICE IT.

SO I, THAT'S WHY I SAY IT'S A, IT'S A GUESS, BUT THAT'S MY UNDERSTANDING.

WE'RE ALSO GOING TO BE DEVELOPING THE ALL OF THE CITY FACILITIES AROUND GUESS NADER, WHICH WHOEVER DEVELOPS THAT SHOULD BE BRINGING IN HELPING TO BRING IN THE FIBER, HELPING TO BRING IN THE, HELPING TO BRING DOWN THE COST.

'CAUSE THEY'RE GONNA, THEY'RE GOING TO HAVE TO, TO DO SOME INFRASTRUCTURE WORK THERE.

UM, WE CAN, WE SHOULD BE ABLE TO PIGGYBACK OFF OF THAT AND RUN OUR OWN, RUN OUR OWN CONDUIT TO, TO PUT THE FIBER IN.

SO AGAIN, WE'RE $300,000 AS OF RIGHT NOW, WHAT'S BEING PRESENTED TO PUT SECURITY CAMERAS AT THE CEMETERY.

AND REALIZE THAT THE NETWORK WE'RE TALKING ABOUT IS, IS IS OUR PRIVATE NETWORK.

SO IT'S NOT, IT'S NOT A PUBLIC NETWORK.

IT'S ONE THAT WE SHARE IN CONJUNCTION WITH THE ISD.

UM, BUT IT'S NOT LIKE A PUBLIC, YOU KNOW, WEB.

IT'S, IT'S OUR OWN INTERNAL.

BUT IT'S NOT EXPANDING ANY, IT'S, IT'S NOT, IT'S NOT ADDING, IT'S NOT ADDING CAPACITY.

THE ONLY CAPACITY THAT IT'S, THAT'S BEING ADDED IS THE VERY SMALL FACILITY WHERE THE CEMETERY CREW KEEPS THE LAWNMOWERS.

IT'S THAT, THEN AGAIN, IT CONTINUES ON DOWN TO GET AND PICK UP PICK.

WE'RE ASSUMING CHAUTAUQUA AS WELL AS THE, UH, THE PARKS BUILDING IS THE ASSUMPTION.

TRYING TO, WE'RE WE'RE TRYING TO HALF PLAN SOMETHING WITHOUT A FULL SCOPE AND SPEND 300 GRAND WHILE WE'RE DOING IT.

IN FACT, I JUST GOT CONFIRMATION.

SO THEY'RE GONNA TRENCH ALONG THE CREEK TO PUT THIS IN ALONG THE TRAIL, SO ALONG THE CREEK TO PUT THIS IN AND JUST GO IN ONE DIRECTION WHEN THEY COULD COME FROM MAINE AND GRAB IT AND RUN IT RIGHT THERE.

AND IT'S ALREADY THERE TO GET SOME CONTAINER.

WELL, IF THE, IF THE DESIRE WAS TO HAVE SECURITY ALONG THE TRAIL, THEN THIS WOULD BE THE ROUTE WE NEED TO GO.

THAT THAT'S, IF THAT'S NOT A, A PRIORITY OF COUNCIL, THEN MAYBE THERE'S OTHER WAYS WE CAN LOOK AT IT.

BUT MY UNDERSTANDING WAS THAT THE IDEA WAS TO HAVE SECURITY ALONG THE TRAIL.

AND THE REASON I BROUGHT IT UP IS GOING TO THE CEMETERY BOARD MEETINGS IN THE MORNING, IT WAS BROUGHT UP ABOUT HOW MUCH MONEY WOULD IT COST TO JUST GO TO THE, JUST GO TO THE CEMETERY AND THAT NO ONE WAS PROBABLY EVER APPROVED FOR A HUGE AMOUNT OF MONEY TO JUST GO TO THE CEMETERY.

THAT'S WHY.

AND I WOULDN'T, IT'S BEEN A WHILE SINCE THAT WAS MENTIONED AND I WAS AT THAT MEETING AND THAT'S WHY I WAS JUST TRYING TO FIND OUT IF, IF I HAD A VAGUE MEMORY THAT IT MEANT TO KEEP GOING DOWN THE TRAIL AND KEEP GOING OUT THAT DIRECTION.

BUT I WASN'T SURE THAT'S AS IT'S BEING PRESENTED RIGHT NOW WITH NO OTHER BACKGROUND, UM, NO ACTUAL PLANS THAT WE CAN SEE.

I CANNOT SUPPORT $300,000 FOR SECURITY CAMERAS AT THE CEMETERY WITHOUT FULL CONFIRMATION OF WHAT THIS WHOLE PLAN IS.

IF IT'S GONNA COST MORE IN THE FUTURE FOR US TO, TO ACTUALLY DO WORK ALONG THE TRAIL.

WHAT'S THAT COST? SO WE'RE GONNA RUN THE FIBER AND THEN WE GET IT THERE, AND THEN IT'S GONNA COST US, I MEAN, IF IT'S 75 GRAND FOR FIVE CAMERAS, IT IS FIVE CAMERAS ON THIS THING.

SO IF IT'S 75 GRAND FOR FIVE CAMERAS THERE, HOW MUCH IS IT GONNA BE ON THE TRAIL? ARE WE JUST OPENING UP THAT CAN TO NOW WE GOTTA FIND 200 GRAND TO PUT SOMEWHERE.

FEELS LIKE WE'RE

[00:15:01]

AND NOT USING ANYONE LOCAL.

WELL, ON THE, USING ANYONE LOCAL DUE TO THE AMOUNT OF THE PROJECT.

YOU HAVE TO USE PROPER PURCHASING TECHNIQUES.

SO YOU CAN'T JUST USE SOMEBODY LOCAL.

SO YOU'D HAVE TO GO OUT FOR AN RFP AND SOLICIT BIDS AND TAKE ANOTHER FOUR, FIVE MONTHS TO DO THAT.

OR YOU CAN LOSE, USE THE INTERLOCAL COOPERATIVE PURCHASE AGREEMENT, WHICH IS WHAT WE DID AND WHICH IS WHAT WE DO ON MANY OF OUR PROJECTS TO SPEED 'EM ALONG AND TO PIGGYBACK ON ANOTHER CITY OR THROUGH BUYBOARD OR WHATEVER, WHICH HAS ALREADY BID OUT, BEEN BID OUT PROPERLY.

SO THAT'S THE WHOLE, UH, THE STORY BEHIND THE, THE LOCAL.

AND THIS PROJECT GETS THE FIBER DOWN TO THERE.

IT GETS IT TO OUR FACILITY AT THE CEMETERY, PUTS THE, THE, UH, CAMERAS IN.

ALSO, IF YOU DON'T HAVE THE FIBER THERE, THEN YOU, THE, YOU WON'T BE ABLE TO MONITOR THE CAMERAS WITH THESE.

THE PD WOULD BE ABLE TO MONITOR THE CAMERAS.

IT'LL GET RECORDED.

IT GETS STORED, AND YOU WON'T HAVE TO GO AND CHANGE SD CARDS OUT AND THINGS OF THAT NATURE.

AND ALSO THEY HAD WORKED WITH THE SCHOOL DISTRICT TO HELP, UH, THERE AT THE, AT THE BALL FIELD BECAUSE THEY'VE GOT ISSUES THERE.

AND THERE'S ALSO I THINK A, A, A POWER, UM, UM, POWER POLE OR SOMETHING THAT WE'D HAVE TO UTILIZE THAT'S THERE TOO.

SO THAT WAS ALL TAKEN INTO ACCOUNT, THE ROUTING AND EVERYTHING ELSE, BECAUSE YOU HAVE TO HAVE THE POWER.

AND SO IF YOU DON'T HAVE POWER THERE, NOW WE'RE GONNA HAVE TO INSTALL ELECTRICITY AND POWERS AS WELL.

AND THEN IT DOES GO TO THE TRAIL AND THEN ON IT GETS INTO YOUR PART, THE LIGHTS AT THE BASEBALL FIELD WORK PERFECTLY FINE.

UM, SO THE, THERE, I'M NOT, I DIDN'T, I DIDN'T, I DIDN'T MENTION ANYTHING ABOUT THE LIGHTS AT THE BALL FIELD, BUT THERE'S POWER, THERE IS MY POINT.

UM, WE ALSO HAVE LIGHTS AT THE COLUMBARIUM, IF I'M NOT MISTAKEN THERE TOO.

UM, THE LIGHTS, WE DON'T HAVE LIGHTS THERE.

I COULD NOT SUPPORT $300,000 FOR THIS, FOR THESE TWO PROJECTS.

AND THE REASONING OF IT'LL TAKE FOUR MONTHS TO DO AN RFPI DISAGREE WITH.

BUT ALSO WE'RE ALREADY BEHIND A WHOLE YEAR ANYWAYS, SO WE HAD TIME TO DO IT AND WE DIDN'T DO IT.

AND WE STAYED WITH A DALLAS BASED FIRM THAT SUBCONTRACTS OUT THE WORK AND NOW IS CHARGING US 25 EXTRA THOUSAND DOLLARS TO PUT IN FIVE SECURITY CAMERAS.

ANY OTHER COUNSEL WANNA WEIGH IN ON IT? AND COULD I SUGGEST YOU THEN REQUEST TO TAKE, I'M ASSUMING IT'S K AND M THAT YOU'RE TALKING ABOUT ON THIS, THIS TYPE.

YOU'RE NOT TALKING ABOUT I AT THE MOMENT, RIGHT? OR LL OR L YOU'RE JUST TALKING ABOUT KM.

YES, SIR.

I'D SUGGEST YOU JUST ASK TO PUT IT ON A FUTURE AGENDA.

AND THE PEOPLE THAT ARE RESPONSIBLE FOR THAT PACKAGE BE HERE SO THEY CAN ANSWER YOUR QUESTIONS.

I'M, I'M FOR IT, I GUESS.

BUT I THAT'S, I, I WOULD LIKE TO SEE THAT, THAT WAY IT WOULDN'T BE PASSED TONIGHT.

BUT THEN YOU COULD HAVE SOMEONE YOU COULD ASK DIRECT QUESTIONS TO THAT WOULD GIVE YOU DIRECT ANSWERS INSTEAD OF IT BEING OUR UNDERSTANDING THIS WAY AND THAT WAY.

YOU KNOW WHAT I'M SAYING? THOMAS HAD ONE QUESTION AS FAR AS THE COVID DOLLARS THEY NEED TO BE SPOKE FOR BY THE END OF THE YEAR.

IS THAT CORRECT? OKAY.

SO NOW WE'RE TRYING TO HANDCUFF US AGAIN.

NO, IT'S NOT HANDCUFF IT IS JUST SAYING WE'VE GOT A TIGHT TIME TIMELINE THERE.

THERE'S, WE STILL HAVE THREE MEETINGS THE REST OF THIS YEAR, SO WE'VE GOT TIME.

I'M JUST, I'M JUST LETTING YOU KNOW THAT THE COVID DOLLARS THEY NEED TO BE SPOKEN FOR WITHIN A CERTAIN TIMELINE.

I WAS JUST BRINGING THAT POINT OF, I'M NOT SAYING YOU'RE BEING HANDCUFFED.

HOW MUCH ARE THE COVID DOLLARS? THE, THE ENTIRE AMOUNT OF, OF THE FIBER PROJECT, WHAT WAS THAT? 700 AND THE CEMETERY WAS $219,450.

$776,000 IS WHAT THE REQUEST WAS TO USE COVID DOLLARS.

I DON'T HAVE AN ISSUE WITH THE OTHER THREE COVID SPINS FOR THE RECORD.

IT'S THE, THE CEMETERY ONE.

THAT REALLY JUST DOES NOT MAKE ANY SENSE TO ME.

'CAUSE THAT BRINGS THAT ENTIRE SECURITY CAMERA PROJECT TO $300,000.

ALONG WITH MR. SMITH'S QUESTION ABOUT IT BEING THE COVID DOLLARS.

IS THERE A, A LIMITATION ON WHAT THE COVID DOLLARS CAN BE SPENT ON? YES.

WHAT KINDS OF PROJECTS? YES.

SO IT CAN'T JUST GO ANYWHERE.

IT HAS TO GO TO SPECIFIC THINGS, IF THAT'S CORRECT.

CORRECT.

QUESTION, UH, REAL QUICK.

EXPANSION OF INFRASTRUCTURE, IF I'M NOT MISTAKEN, RIGHT? YEP.

I'LL ENTERTAIN A MOTION FOR DIRECTION OF THESE TWO, UH, K AND M.

MADAM MAYOR, I DO HAVE A

[00:20:01]

AND IT PERTAINS TO THE, THE UPCOMING MOTION IS WOULD THIS BE TO POSTPONE THESE TWO ITEMS UNTIL THE NEXT MEETING FOR CLARIFICATION? IS THAT IT COULD BE WHATEVER WE DECIDE.

I'LL, I'LL MAKE A MOTION TO TABLE ITEM K UNTIL THE NEXT MEETING FOR FURTHER CONSIDERATION BY STAFF ON IF THE RFP PROCESS COULD SAVE US 10, 15, 20 GRAND.

UM, AND THEN TO PRESENT A MORE THOROUGH PLAN OF WHAT THAT IS AT THE NEXT MEETING.

SO I, MY MOTION IS TO TABLE ITEM K UNTIL THE, OUR NEXT MEETING ON, WAS IT BE NOVEMBER 18TH? OKAY.

WE HAVE A MOTION ON THE TABLE.

DO WE HAVE A SECOND? CAN I GET A CLARIFICATION? YOU CAN, SIR.

I'M GOING BACK TO WHAT WAS DISCUSSED WITH THE COVID MONEY.

DOES IT HAVE TO BE AUTHORIZED OR DOES IT HAVE TO BE SPENT BY THE END OF THE YEAR? AUTHORIZED, AUTHORIZED, OBLIGATED.

OBLIGATED.

SO IT WOULD'VE TO BE APPROVED, RIGHT? SO IF WE GO THROUGH THE RFP PROCESS, WE'LL LOSE THE THAT'S JUST FOR K, THAT'S JUST FOR THE CAMERAS, WHICH IS NOT THE COVID MONEY.

CORRECT.

THAT'S CEMETERY MONEY.

BUT DEPENDING ON WHAT MOTION'S MADE ON M IT COULD AFFECT WHAT YOU'RE, WHAT YOU'RE SPEAKING TO THAT, THAT'S WHAT I WAS WONDERING ABOUT.

SINCE THEY'RE REALLY TIED TOGETHER.

BUT ON K, IT'S, IT'S CEMETERY MONEY.

SO WE HAVE A MOTION.

UM, DO WE HAVE A SECOND? DID WE MAKE A MOTION? YEAH.

THE MOTION WAS TO, TO TABLE IT OR POST TABLE K UNTIL NOVEMBER 18TH.

JUST TO K.

SO IT'S MY UNDERSTANDING THAT TABLING A MOTION, UH, SUSPENDS IT WITHOUT SETTING A TIME OR DATE AND POSTPONING IT.

YOU HAVE TO SET A DATE.

SO SHOULDN'T, SHOULDN'T WE WORD THAT AS A POSTPONEMENT VERSUS A TABLE? I'M ASKING OUR ATTORNEY TECHNICALLY UNDER THE ROBBER'S RULES OF ORDER, IT'S A MOTION TO POSTPONE IT TO A SPECIFIC DATE.

A TABLING TECHNICALLY KILLS, KILLS SOMETHING.

BUT I'LL TELL YOU THE TERMS TABLE AND POSTPONE.

ARE YOU OFTEN USING INTERCHANGEABLY? OKAY.

SO JUST, JUST WANTED TO MAKE SURE WE WEREN'T CREATING ANOTHER STICKY WICKET.

NO.

DO WE HAVE A SECOND? I SECOND.

ALL IN FAVOR, RAISE YOUR RIGHT HAND.

THOSE OPPOSED, SAME SIGN.

MAYOR, UH, I AMEND MY MOTION TO BE THAT I, THE MOTION WOULD BE TO APPROVE ITEMS ONE AND FOUR UNDER, UM, CONSENT AGENDA ITEM M, AND POSTPONE ITEMS TWO AND THREE UNTIL THE NOVEMBER 18TH MEETING FOR FURTHER CLARIFICATION OF SCOPE.

UH, THAT MOTION CARRIES MADAM MAYOR.

AS FAR AS ITEM M, UH, MY MOTION WOULD BE, SINCE IT IS TIED TO THE SECURITY CAMERAS, MY MOTION WOULD BE TO APPROVE, UM, APPROVE THE AUTHORIZATION OF THE OBLIGATION FOR ITEMS, UH, ONE, TWO, AND FOUR OF THE COVID RELIEF DOLLARS.

UH, THAT'S THE FIRE STATION, GAS INTER PARK AND PIN PARK POOL, UM, AND POSTPONE, UM, THE THIRD OPTION, WHICH IS THE CITY CEMETERY.

UH, UNTIL WE CAN GET FURTHER CLARIFICATION AT OUR NOVEMBER 18TH MEETING.

COUNCILMAN, JUST SO I'M, I'M CLEAR.

SO, SO IS THAT APPROVING, UH, TO GET CENTER PARK REGARDLESS OF WHAT THE PRICE IS? 'CAUSE AGAIN, THE PRICE MAY GO UP SIGNIFICANTLY IF THE CEMETERY IS NOT INVOLVED.

DID NOT INCLUDE IT IN, IN, AS A PROJECT.

SEE WHAT I'M SAYING? SO, SO WE NEED TO, SO I JUST WANNA MAKE SURE WE DON'T, SO

[5.m. Contract with Capco Telecom, LLC for fiber infrastructure enhancement projects]

WE HAVE A MOTION ON THE TABLE.

THOSE OPPOSED, SAME SIGN.

MOTION CARRIES.

ONE I PULLED OUT WAS, UH, CONSENT AGENDA ITEM L.

UM, YES MA'AM.

THE, THE, UH, THE ONLY OTHER

[5.l. Early Release Bid Package 02 for City Hall Remodel and Construction Project]

UM, AGAIN, IT'S ANOTHER RATHER LARGE

[00:25:01]

NUMBER.

UH, $900,977.

I DON'T, STILL DON'T AGREE WITH, I DON'T AGREE WITH PROJECTS THIS LARGE BEING IN THE CONSENT AGENDA WHEN IT'S ALMOST AT A MILLION.

UM, I DO KNOW THAT, AND I DO UNDERSTAND THAT WE'VE ALREADY, UM, APPROVED FUNDING FOR THIS.

HOWEVER MUCH LIKE WHAT I'VE JUST BROUGHT UP, WE'RE APPROVING A MILLION DOLLARS IN SITE WORK.

I'VE NOT SEEN A FULLY FINALIZED SITE PLAN.

WELL, AND THAT'S, AND THAT'S BECAUSE THERE ISN'T ONE, UM, IT'S UNDER DESIGN.

SO THAT'S WHY THESE ARE, THERE'S, THERE'S BEFORE EARLY RELEASE PACKAGES, LIKE WE TALKED ABOUT BEFORE.

AND SO THIS IS JUST THE SECOND ONE.

SO THEY CAN BEGIN DEMOLITION.

THEY BEGIN, UM, BUYING UP THE, THE CON IN THIS CASE, IT'S THE CONCRETE AND THE LONG, SOME LONG LEAD ITEMS, YOU'LL HAVE A, YOU'LL HAVE A THIRD ONE THAT'S, UM, ELECTRICAL.

YOU'LL HAVE A FOURTH ONE, WHICH I THINK IT'S STRUCTURAL STEEL.

UM, AND THE IDEA IS FOR EXPEDIENCY IS TO GET THOSE PROJECT PACKAGES RELEASED, UM, WHILE THE FINAL DESIGN IS BEING CONCLUDED.

SO WE HADN'T TALKED ABOUT THIS BEFORE AS FAR AS WHEN WE AWARDED THE CONTRACT TO TURNER, THAT WE WERE GONNA DO SOME EARLY RELEASE PACKAGES.

THIS IS JUST THE SECOND OF THE FOUR.

BUT HOW, HOW DO WE KNOW WHAT THE FOUNDATION WORK IS IF WE DON'T KNOW WHAT THE BUILDING IS? 'CAUSE , HOW, HOW ARE WE AWARDING FUNDING FOR A BUILDING FOR THE FOUNDATION OF IT WITHOUT KNOWING WHAT THE BUILDING IS? WELL, THEY, THEY HAVE, THEY HAVE THE, THE MAIN PIECES.

LIKE THEY KNOW THE QUANTITIES FOR STRUCTURAL STEEL.

THEY KNOW THE QUANTITIES FOR, UH, CONCRETE.

WHAT THEY DON'T KNOW IS LIKE THE FINAL FINISH OUT, WHICH IS THE STUFF THAT TAKES SO LONG.

SO THOSE ARE ONES THAT THEY'RE STILL PART OF THE DESIGN THAT, THAT, THAT MAKE THE FINAL DESIGN LINGER A LITTLE BIT LONGER, BUT WE'RE TRYING TO GET THEM TURNED LOOSE.

IN FACT, THEY SHOULD, THEY SHOULD BE GETTING DEMOLITION, YOU KNOW, THE NEXT, ACTUALLY STARTING TOMORROW PER OUR CURRENT CALENDAR.

SO IN THE NEXT 25 DAYS, THEY'RE GONNA BE ON SITE DOING DEMOLITION.

SO THEY WOULD NOT OTHERWISE BE DOING THOSE THINGS IF WE DIDN'T DO AN EARLY RELEASE PACKAGE IF WE WERE WAITING ON THE, UH, DETAILED DESIGNS TO BE FINALIZED, CORRECT COUNSEL.

SO IF THEY HAVE NOT FINISHED 100% OF THEIR DESIGN, UH, DEVELOPMENT YET, THEREFORE THEY DON'T HAVE A 100% DONE DOCUMENT.

BUT THEY HAVE GOTTEN FAR ENOUGH WHERE THEY FELT LIKE TO STAY AHEAD OF ESCALATION IN SOME OF THESE LATE TIMES THAT THEY NEEDED TO RELEASE THESE EARLY RELEASE PACKAGES TO GO AHEAD AND GET THAT STUFF ORDERED.

AND WE DON'T HAVE THE GROSS OUT OF POCKET YET, BUT WE WANT TO BE FULLY TRANSPARENT AND BRING TO YOU THESE EARLY RELEASE PACKAGES AS THEY COME.

AND THEN WE WILL BE COMING BACK WITH THAT, WHAT WE'VE ALREADY APPROVED THAT MAXIMUM DOLLAR AMOUNT.

AND EVERY ONE OF THESE GO AGAINST THAT BUDGET TO MAKE SURE THAT WE'RE STAYING IN BUDGET AND NOTHING'S GOING OVER.

BUT THAT'S WHY WE'RE HERE TONIGHT, IS JUST TO BE FULLY TRANSPARENT THAT THOSE DOLLARS ARE GOING THROUGH YOU GUYS.

I DON'T FEEL THAT WE'RE BEING FULLY TRANSPARENT BECAUSE AGAIN, I DON'T KNOW WHAT THE BUILDING IS EVEN GOING TO LOOK LIKE RIGHT NOW.

WE'VE, WE'VE, WE SAW SOME, WE SAW SOME RENDERINGS THREE MONTHS AGO, BUT WHAT'S CHANGED SINCE THEN? MM-HMM.

HOW ARE WE SETTING A FOUNDATION WHEN WE DON'T KNOW WHAT FOR SURE THE STRUCTURE IS.

UM, WHAT IF NOBODY UP HERE, HERE EVEN LIKES THE FINAL DESIGN OF IT.

UM, THESE ARE FUNDS THAT WE ARE HAVING TO BLINDLY APPROVE.

AND THAT'S A BIG NUMBER.

MM-HMM, .

WELL, ONCE WE HAVE THE, THE 100% DONE, THE DOCUMENTS, THE DESIGN AND THE, WE'RE GONNA BE MORE THAN HAPPY TO SHARE THOSE WITH YOU, BUT WE'RE, THEY'RE NOT AT THAT POINT WHERE THE ARCHITECTS AND VNG ARE WORKING WITH TURNER, UH, THE THREE OF 'EM WORKING COLLECTIVELY TO TRY TO MAKE SURE THAT THE DESIGN AND TO KEEP IT DOWN WITHIN SCOPE AND WITHIN BUDGET.

BUT THEY'RE STILL TWEAKING THAT TO MAKE SURE THAT WE'RE IN BUDGET.

BUT EVEN THOUGH IT'S NOT A HUNDRED PERCENT DONE, WE STILL HAVEN'T SEEN ANYTHING IN MULTIPLE MONTHS.

AND NOW WE'RE BEING ASKED TO APPROVE A MILLION DOLLARS FOR THE FOUNDATION OF A PROJECT THAT WE DON'T KNOW WHAT IT LOOKS LIKE.

WHAT, WHAT, WHAT IS IT, WHAT IS THAT YOU'RE WANTING TO SEE? LIKE WHAT? THE BUILDING, SO IT HASN'T CHANGED FROM THE FIRST WE'VE SHOWN YOU BEFORE, THE SAME ONE THAT WENT THROUGH THE HAIR PRESENTATION COMMISSION, THAT OUT OUTSIDE ELEVATION HAS NOT CHANGED.

WHY WAS NONE OF THAT INCLUDED IN THE AGENDA? I MEAN, WE, THERE THERE'S, THERE'S, THERE'S NOTHING IN THERE.

THERE'S NOTHING IN OUR PACKET BESIDES A MEMORANDUM TO APPROVE $900,000 FOR FOR CONCRETE, RIGHT? FOR THE FOUNDATION.

A SUPPLEMENTAL BECAUSE WE ARE APPROVING SOMETHING BLINDLY WITH THE MEMORANDUM JUST SAYING THAT THEY NEED THE $900,977 FOR FOUNDATION SYSTEM AND ELECTRICAL EQUIPMENT SCOPE OF WORK.

MM-HMM.

AND ELECTRICAL EQUIPMENT FOR A BUILDING THAT WE DON'T EVEN KNOW HOW IT'S GONNA BE FINISHED OUT.

SO THIS IS WHERE I BROUGHT IT UP A PROBABLY ABOUT A, A YEAR AGO, EIGHT MONTHS AGO.

THE, THE NUMBER OF TIMES THAT WE GET HIT WITH, OH, WE NEED A SUPPLEMENTAL.

THIS FEELS LIKE SETTING OURSELVES UP FOR

[00:30:01]

SO IF THAT'S BEING TRANSPARENT PARENT, WE'VE GOT DIFFERENT DEFINITIONS OF TRANSPARENCY.

WELL, LET ME ASK YOU A QUESTION.

SO BASICALLY WHAT WE'RE REALLY, IF YOU, IF YOU'VE DEALT WITH CONTRACTORS AND BIG TIME PROJECTS THAT GO ON THAT TAKE MULTIPLE YEARS, AND THEY DO HAVE, AND I WISH THERE WAS SOMEONE FROM THE BUILDING TRADES IN HERE TO TALK TO, BUT THE UNDERSTANDING I HAVE OF IT FROM THE EXPERIENCE I'VE HAD WITH IT IS THAT AT LEAST IN THE CURRENT WORLD, THAT IF YOU DON'T BUY STEEL A YEAR IN ADVANCE, YOU DON'T BUY CONCRETE A YEAR IN ADVANCE.

THAT'S $900,000.

COULD BE 1.6 MILLION FOR CONCRETE AND STEEL.

WE KNOW HOW MUCH STEEL WE NEED.

WE KNOW HOW MUCH CONCRETE WE NEED.

WE JUST DON'T KNOW EXACTLY HOW IT'S GONNA BE CONFIGURED.

IS THAT WHAT WE'RE LOOKING AT? YES, SIR.

THAT'S A GOOD WAY TO PUT IT.

WE, WE'VE, BUT EVEN WITH THAT, I, I THINK THEY HAVE THE, THE FOUNDATION, HOW IT'S GOING TO BE NAILED DOWN.

THEY PUT OUT AN RFP FOR THE, YOU KNOW, THE FOUNDATION, UM, AND THOSE ELECTRICAL PADS.

AND SO WITH THIS, WE'RE LOCKING IN THE CURRENT PRICING AT THE CURRENT RATES AND, AND GETTING THOSE LEAD TIMESING GOING, FORGING INFLATION AND HEDGING SHORTAGES, GOD FORBID, GOING FORWARD.

IS THAT WHAT WE'RE ASKING HERE? YES.

THANK YOU FOR THAT CLARIFICATION.

UM, BECAUSE MY BIGGEST FEAR WAS WE RUN INTO ANOTHER FIRE STATION NUMBER FOUR WHERE THAT STARTED AT WHATEVER IT WAS, 6.5 AND ENDED UP AT 13, OR IT WAS EIGHT 8.5 AND ENDED UP BEING $13 MILLION OR SOMETHING IN THAT RANGE.

UM, AND THAT'S WHERE THIS GAVE ME PAUSE WAS THAT IF WE'RE, IF WE'RE STARTING TO PUT OUT NUMBERS LIKE THIS, THIS EARLY AND WE DON'T HAVE FINAL, A FINAL SITE PLAN, THAT'S, THAT'S A BIG NUMBER TO BLINDLY SAY YES TO.

YES.

SO, SO YOU'RE COMFORTABLE AND, AND YOU KNOW, UH, WHAT WE'RE GETTING FOR THIS AMOUNT OF MONEY? YES, MA'AM.

YES, MA'AM.

TO COUNCILMAN'S POINT, IF WE HOLD OFF, IT'S ONLY GONNA GO UP FOR THE SAME AMOUNT OF MATERIAL.

AND THE MAIN LEAD PANELS, THE POWER PANELS, THEY'RE ON 36 WEEK LEAD TIMES.

SO THE FURTHER WE PUSH THIS OUT IS JUST THE FURTHER IT PUSHES EVERY, THE WHOLE SCHEDULE BACK AND APPROVAL OF THESE DOES NOT CHANGE THE OVERALL PRICE OF THE, OF THE PROJECT.

WE'RE STILL CAPPED WITH THE, AND THE CONTRACTOR KNOWS, OUR PROJECT MANAGER KNOWS.

AND THESE EARLY RELEASE PACKAGES ARE JUST AGAINST THAT OVERALL AMOUNT.

YES.

IT DOESN'T, IT JUST REDUCES THAT OVERALL AMOUNT.

CHIEF BOY, DIDN'T WE HAVE THAT PROBLEM WITH THE FIRE STATION GETTING SOME OF THE MATERIALS BECAUSE WE DIDN'T, THEY WERE SO FAR OUT AND WE DIDN'T HAVE 'EM PURCHASED SOON ENOUGH.

AND YES, HAD A CONTRACTOR PROBLEM TOO.

MADAM MAYOR, I CAN ATTEST TO, ESPECIALLY WITH, UH, THESE ELECTRICAL PANELS HAVING JUST BUILT A NEW REFRIGERATED WAREHOUSE.

UH, I WAS SHOCKED AT WHEN, YOU KNOW, I SHOULD HAVE ORDERED THOSE BEFORE I EVER TURNED IN MY, FOR MY PERMITS.

IT WAS, IT WAS REALLY DIFFICULT TO GET THOSE THINGS.

AND I DON'T, I DON'T UNDERSTAND WHY THERE'S SO MANY DIFFERENT MANUFACTURERS, BUT I GUESS IT'S JUST ALL THE, THE GROWTH AND AND CONSTRUCTION THAT'S GOING ON IN THE WORLD TODAY, IT'S, IT'S VERY, VERY CUMBERSOME.

WELL, I JUST HAVE TO SAY, I'M EXCITED THAT I'M GONNA SEE SOMETHING HAPPEN OVER THERE.

, YOU AND I BOTH, I CAN ASSURE YOU.

MAD MAYOR, IF THERE'S NO FURTHER DISCUSSION, I MOVE TO APPROVE ITEM L FOR THE CONSENT AGENDA.

UH, NUMBER SEVEN, PRESENT THE PROCLAMATION RECOGNIZING NOVEMBER 4TH THROUGH THE EIGHTH, 2024 AS MUNICIPAL COURT WEEK, THIS PROCLAMATION, WHEREAS MUNICIPAL COURTS PLAY A SIGNIFICANT ROLE IN, IN PRESERVING PUBLIC SAFETY AND PROMOTING QUALITY OF LIFE IN TEXAS, EXCUSE ME.

THANK YOU, COUNSEL.

ALL THAT MOVES US TO ITEM SIX AND WE DON'T HAVE ANYBODY FOR, OKAY,

[7. Present Proclamation recognizing November 4-8, 2024 as “Municipal Court Week”]

WHEREAS MORE PEOPLE COME IN CONTACT WITH MUNICIPAL COURTS THAN ALL OTHER TEXAS COURTS COMBINED.

AND PUBLIC IMPRESSION OF THE TEXAS JUDICIAL SYSTEM IS LARGELY DEPENDENT UPON THE PUBLIC'S EXPERIENCE

[00:35:01]

IN MUNICIPAL COURT.

WHEREAS STATE LAW AUTHORIZES A MUNICIPALITY TO EITHER APPOINT OR ELECT A MUNICIPAL JUDGE FOR A TERM OF OFFICE.

THE WAXAHATCHEE MUNICIPAL COURT IS A STATE COURT, AND ITS JUDGES ARE MEMBERS OF THE STATE JUDICIARY, WHEREAS THE PROCEDURES FOR THE MUNICIPAL, MUNICIPAL COURT OPERATIONS ARE SET FORTH IN THE TEXAS CODE OF CRIMINAL PROCEDURE AND OTHER LAWS OF THE STATE OF TEXAS.

AND WHEREAS THE CITY OF WAXAHATCHEE IS COMMITTED TO THE NOTION THAT OUR LEGAL SYSTEM IS BASED ON THE PRINCIPLE THAT AN INDEPENDENT, FAIR AND COMPETENT JUDICIARY WILL INTERPRET AND APPLY THE LAWS THAT GOVERN US, AND THAT JUDGES AND COURT PERSONNEL SHOULD COMPLY WITH THE LAW AND ACT IN MANNER THAT PROMOTES PUBLIC CONFIDENCE IN THE INTEGRITY AND IMPARTIALITY OF THE JUDICIARY.

AND WHEREAS WAXAHATCHEE MUNICIPAL JUDGES ARE NOT POLICY MAKERS FOR THE CITY OF WAXAHATCHEE, BUT ARE BOUND BY THE LAW AND THE CANONS OF THE JUDICIAL CONDUCT AND ARE REQUIRED TO MAKE DECISIONS INDEPENDENT OF THE GOVERNING BODY OF THE CITY COUNCIL, CITY OFFICIALS AND EMPLOYEES.

WHEREAS THE CITY COUNCIL RECOGNIZES THAT THE CONSTITUTION AND LAWS OF THE STATE OF TEXAS CONTAIN PROCEDURAL SAFEGUARDS IN CRIMINAL CASES FOR ALL DEFENDANTS, INCLUDING INDIGENT DEFENDANTS AND SUPPORTS THE WAXAHATCHEE MUNICIPAL COURT IN COMPLYING WITH SUCH LEGAL REQUIREMENTS.

NOW, THEREFORE, BE IT RESOLVED THAT I, BILLY WALLACE, MAYOR OF WAXAHATCHEE, ALONG WITH THE ENTIRE CITY COUNCIL, DO HEREBY PROCLAIM NOVEMBER 4TH THROUGH THE EIGHTH, 2024 AS MUNICIPAL COURT WEEK IN THE CITY OF WAXAHATCHEE AND RECOGNIZE THE FAIR AND IMPARTIAL JUSTICE OFFERED TO OUR CITIZENS BY THE MUNICIPAL COURT OF WAXAHATCHEE PROCLAIMED THIS FOURTH DAY OF NOVEMBER.

IF WE COULD, UM, WE'LL GET A, A, UH, PHOTOGRAPH AND PRESENT THE PROCLAMATION RIGHT THERE.

[8. Public Hearing on a request by Jovie K. Corpuz Sanchez for a Specific Use Permit (SUP) for an Accessory Structure exceeding one-thousand (1,000) square feet in combined floor area for more than two (2) existing accessory structure use within a Planned Development - Twenty-three (23) - Single Family -1 (PD-23-SF-1) zoning district located at 153 Homestead Lane (Property ID 269674) – Owner: Roberto Sanchez & Jovie K. Corpuz Sanchez (ZDC-111-2023) ]

NEXT ITEM IS A PUBLIC HEARING ON A REQUEST BY JOVI CORPUS SANCHEZ FOR A SPECIFIC USE PERMIT FOR AN ACCESSORY STRUCTURE EXCEEDING 1000 SQUARE FEET IN COMBINED FLOOR AREA FOR MORE THAN TWO EXISTING ACCESSORY STRUCTURE USE WITHIN A PLAN DEVELOPMENT.

UH, 23 SINGLE FAMILY, ONE ZONING DISTRICT LOCATED AT 1 5 3 HOMESTEAD LANE OWNERS, UH, ROBERTO SANCHEZ AND JOVI CORPUS SANCHEZ, JENNIFER.

THANK YOU MAYOR.

MEMBERS OF COUNCIL, UH, THE PARTICULAR ITEM THAT'S BEFORE YOU, AS YOU NOTED, IS A SPECIFIC USE PERMIT.

THE SUBJECT PROPERTY IS ONE ACRE IN SIZE.

CURRENTLY THERE'S A SINGLE FAMILY DWELLING UNIT ON SITE OF 4,055 SQUARE FEET.

THERE'S ALSO TWO, UM, ACCESSORY STRUCTURES THAT ARE STORAGE SHEDS.

ONE IS 186 SQUARE FEET, OR 68 SQUARE FEET, AND THE OTHER IS 120 SQUARE FEET.

THE APPLICANT IS PROPOSING A 2083 SQUARE FOOT, UM, ACCESSORY STRUCTURE, UH, TO STORE HOUSEHOLD EQUIPMENT AS WELL AS A CAMPER.

LIKE TO NOTE THAT THIS STRUCTURE WILL NOT BE USED AS A DWELLING UNIT.

IT WILL NOT BE USED FOR COMMERCIAL USE NOR A SHORT-TERM RENTAL OR BE, UH, SOLD OR METERED SEPARATELY IN YOUR STAFF REPORT, WE DID IDENTIFY SEVEN PROPERTIES IN THE AREA THAT HAVE RECEIVED SPECIFIC USE PERMITS IN THE PAST WITH ACCESSORY STRUCTURES RANGING IN SIZE FROM 748 SQUARE FEET TO 3,100

[00:40:01]

SQUARE FEET.

AND THAT'S INCLUDED IN YOUR STAFF REPORT.

THE APPLICANT HAS PROVIDED A FLOOR PLAN AS WELL AS A SITE PLAN THAT IDENTIFIES THE LOCATION OF THE PROPOSED STRUCTURE ON SITE.

UH, THE STRUCTURE, UH, ALSO, UM, INCLUDES, UH, PRETTY MUCH METAL UH, CONSTRUCTION STAFF.

WE HAVE RECEIVED FIVE LETTERS OF SUPPORT AND TWO LETTERS OF OPPOSITION REGARDING THE SPECIFIC USE PERMIT.

THAT'S BEFORE YOU WOULD LIKE TO NOTE THAT THE ACREAGE ASSOCIATED WITH THE OPPOSITION IS 26%, WHICH WILL REQUIRE A SUPER MAJORITY OF COUNCIL VOTE THIS EVENING.

WOULD ALSO LIKE TO NOTE THAT THIS PARTICULAR ITEM WAS BEFORE PLANNING AND ZONING COMMISSION LAST MONTH.

PNZ UNANIMOUSLY VOTED SIX ZERO FOR APPROVAL.

HOWEVER, THEY DID MODIFY, UH, A CONDITION THAT NOTED THAT A MAXIMUM OF TWO ACCESSORY STRUCTURES WOULD BE ALLOWED ONLY.

SO IN, UM, PART ONE OF THE EXISTING STRUCTURES WILL HAVE TO BE REMOVED.

UM, AND THAT HAS BEEN INCLUDED IN THE LANGUAGE STAFF.

WE ARE RECOMMENDING APPROVAL AND WE ARE AVAILABLE IF YOU HAVE ANY QUESTIONS.

NEXT ITEM, CONSIDER PROPOSED ORDINANCE APPROVING ZDC ONE 11 DASH 2023.

THANK YOU, JENNIFER.

THIS IS A PUBLIC HEARING.

IF YOU WOULD LIKE TO SPEAK ON THIS ITEM, PLEASE COME TO THE PODIUM.

SEEING NONE WILL CLOSE THE PUBLIC HEARING.

[9. Consider proposed Ordinance approving ZDC-111-2023]

COUNSEL, I MOVE TO APPROVE ZDC OF 1 1 1 2 0 2 3.

A SPECIFIC USE PERMIT FOR AN ACCESSORY STRUCTURE EXCEEDING 1000 SQUARE FEET AND COMBINED FLOOR AREA FOR MORE THAN TWO EXISTING ACCESSORY STRUCTURE.

USE WITHIN A PLAN DEVELOPMENT 23 SINGLE FAMILY ONE ZONING DISTRICT, SUBJECT TO THE CONDITIONS OF THE STAFF REPORT AND AUTHORIZE THE MAYOR AND FORUM FOR CITY MANAGER TO SIGN ALL NECESSARY DOCUMENTS.

WE HAVE A MOTION.

ALL IN FAVOR? RAISE YOUR RIGHT HAND PLEASE.

LAST ONE.

THAT'S OKAY.

ITEM, CONSIDER CHANGE ORDER NUMBER SIX FOR GROVE CREEK PARALLEL, GRAVITY TRUNK SEWER PHASE PROJECT KUMAR.

SHOULD HAVE BEEN QUICKER.

[10. Consider change order No. 6 for Grove Creek Parallel Gravity Trunk Sewer Phase IV Project]

UH, GOOD EVENING, MAYOR.

UH, GOOD EVENING COUNCIL.

UM, JUST TO GIVE A BRIEF BACKGROUND, UM, THIS IS A CONSTRUCTION PROJECT.

THERE WAS APPROVED BY COUNCIL IN 2023 FOR A CONSTRUCTION OF A 33 INCH PARALLEL INTERCEPTOR SEWER, UH, APPROXIMATELY 19,000 LINEAR FEET.

UM, THIS CONSTRUCTION IS ALMOST 90% COMPLETE.

UH, WE ARE IN THE LAST PORTION OF THE CONSTRUCTION WHERE WE ARE FACING SOME, UM, EASEMENT LIMITATIONS AND UTILITY CONFLICTS.

UM, THE CHANGE ORDER REQUEST, UM, IS FOR REPLACING A SIM STABILIZED BACK FILLING WITH A CONCRETE, UH, REPREP.

IT'S, UM, IT'S THE, THE, THE SIM STABILIZED BACKFILL IS NOT PROVIDING, UH, PROTECTION FOR OUR INFRASTRUCTURE AND IT'S DEGRADING, WHEREAS THE CONCRETE REP WRAP, UH, IS GONNA PROVIDE BETTER STABILITY, UH, FOR OUR INFRASTRUCTURE FOR THE LONG TERM.

UM, AND THEN, UM, STAFF IS ALSO REQUESTING, UH, ADDITIONAL 50,000, UH, FOR CONTINGENCY, UM, TO SUPPORT WITH, UM, EASEMENT ACQUISITION, UH, THAT WE ARE CURRENTLY IN THE PROCESS AND ALSO FOR ANY UNKNOWNS.

UM, FOR THE LAST PHASE OF THE PROJECT.

UM, THE, THE, THE FUNDING FOR THIS CHANGE ORDER IS FROM THE WASTEWATER IMPACT FEES.

WITH THAT, WE'LL BE HAPPY TO ANSWER ANY QUESTIONS.

IS THIS THE SECTION THAT'S THE LAST PHASE? IS THAT IN THE BUTCHER ROAD AREA OF THIS PROJECT? OR IS IT GR WE'RE ON THE GROVE FREQUENT, RIGHT? YEAH.

MM-HMM, , IT'S, IT'S CLOSE TO THE BUTCHER, UH, GROVE CREEK AREA.

SO, BUT IT'S BASICALLY THE, THE WHEEL BEHIND THAT CHURCH PROPERTY, HUH? IS IT LIKE BEHIND THAT CHURCH ISH? NO, NO, IT'S NOT.

IT'S, UH, IT DON'T KNOW EXACTLY WHERE THE EXACT LOCATION, THE, LIKE, BASICALLY WHERE THE CHURCH IS TO TELL THE TRUTH RIGHT HERE.

BUT WE ONLY HAVE LIKE ONE PROPERTY GOT THROUGH RIGHT NOW.

AND SO THAT'S WHAT WE'RE DEALING WITH RIGHT NOW.

AND THE, THE CEMENT STABILIZED, IT WAS BASICALLY OUT A CREEK.

AND SO WITH THE CREEK,

[00:45:01]

WITH THE, THE RAINS, UH, THE ENGINEER HAS RECOMMENDED THE CEMENT, CEMENT STABILIZED.

IT'S NOT HOLDING UP AT THE CREEK.

SO THAT'S WHERE WE'RE LOOKING AT PUTTING THE CONCRETE.

AND THAT'S THE MAJORITY OF THE, THE, THE CHANGE ORDER IS FOR THAT.

AND ALSO SOME, UH, CASING WHERE WE HAVE SOME UTILITY CONFLICTS AS WELL THAT WE HAVE TO PUT SOME MORE CASING AND BORES ON THE PROJECT.

WELL, MY, MY, MY QUESTION'S MORE TOWARDS WHAT PART OF THIS CREEK ARE WE TALKING ABOUT? WE'RE AT, IS IT THE, IS IT ON THE SAME SIDE AS SHACKLEFORD OR IS IT ON THE OPPOSITE SIDE? SO THIS, IT, IT, IT'S SOUTH OF SHACKLEFORD FOR SURE.

UH, SO THIS IS THE, WHERE THIS, THE CREEK STABILIZATION THAT WE HAD TO DEAL WITH WAS A DIFFERENT CREEK CROSSINGS.

ONE OF IS RIGHT THERE BY THE BROWN STREET, UH, WHERE WE HAVE THE BIG CHANNEL THAT'S COMING OUT OF THE NORTH GROVE SUBDIVISION, THAT'S ONE OF THE LOCATIONS.

BUT THERE'S AUTO AT THE CREEKS AS WELL.

SO WHERE THE GROVE CREEK, THERE'S A CHANNEL GOES THROUGH THERE AS WELL.

SO THERE'S DIFFERENT CREEKS THAT WE ARE DEALING WITH.

THERE'S, UH, STABILIZATION ISSUES.

THERE'S NO OTHER QUESTIONS.

I'LL ENTERTAIN A MOTION.

MADAM.

MAYOR, I, I DO HAVE A QUESTION.

ON THE ADDITIONAL CONTINGENCIES YOU MENTIONED FOR UNKNOWN THINGS, I MEAN, WE'RE CLOSE TO THE END OF THIS PROJECT, YOU KNOW, WHAT YOU'RE GONNA NEED TO DO.

UM, AND I'VE ALWAYS BEEN VERY APPREHENSIVE ABOUT CONTINGENCY FEES THAT, UH, ESPECIALLY IN SOMETHING LIKE THIS THAT'S A LITTLE OVER 20% OF WHAT, WHAT THE ASK IS FOR.

UM, CAN YOU GIMME SOME INSIGHT AS TO NOW THAT WE'RE ALL THE WAY THROUGH THIS PROCESS, WE'RE GETTING DOWN TO THE VERY END.

WE KNOW WHAT THE PROBLEM IS, WE KNOW WHAT WE NEED TO DO, WHY WE WOULD NEED THIS MUCH OF A CONTINGENCY FEE.

UH, SURE SIR.

SO, UM, JUST BACKGROUND.

UM, SO THE COUNCIL APPROVED FOR 6.9 MILLION, UM, IN 2023.

AND THE CONTINGENCY THAT WAS APPROVED AT THE TIME WAS 150,000 FOR THE PROJECT, WHICH WAS LIKE 2%.

UM, RIGHT NOW WITH THIS CHANGE ORDER SIX, UM, COMBINING EVERYTHING, IT'S LIKE 6% FOR THE ENTIRE PROJECT, UH, THAT 50,000.

UM, SINCE WE ARE IN THE PROCESS OF NEGOTIATION WITH THEIR RESIDENT, WE DO NOT KNOW HOW MUCH THAT'S GONNA BE, UM, INVOLVED IN IT.

UM, AND ALSO, YOU KNOW, WE, WE ARE, UM, AT, AT THIS LOCATION WHERE WE HAVE EASEMENT LIMITATIONS, UM, AND THEN WE ARE TRYING TO PUT A 33 INCH INTERCEPTORS SEWER, UH, ALONG WITH AN EXISTING INTERCEPTED SEWER.

SO WE ARE HAVING SOME CONFLICTS WITH THOSE TYPE, UH, OF LOCATION WHERE FOR 600 FEET, THAT'S THE REASON WE ARE, WE ARE REQUESTING FOR 50,000.

AND, AND, AND HONESTLY I JUST WANTED TO, TO GET ON THE RECORD WHAT ALL THIS IS, IS GOING INTO THAT CONTINGENCY, ESPECIALLY WITH THE FACT THAT YOU, YOU HAVE A LANDOWNER THAT THAT'S YOU'RE STILL DEALING WITH AS WELL.

SO THAT'S THE ONLY REASON WHY I WANTED TO, TO ASK FOR, NOT THAT I OPPOSE IT, I JUST WANTED SOME CLARIFICATION.

SO DID SOMETHING CHANGE OR DID WE NOT HAVE ALL THE EASEMENTS BEFORE WE STARTED ON THE $6 MILLION PROJECT? 'CAUSE ALL THAT'S DOING IS OPENING THE DOOR TO ASK WHOEVER OWNS THE LAND TO JUST STAND THERE AND SAY, NO, GIMME MORE, GIMME GOING MORE NOW, NOW WE'RE PUBLICLY SAYING, ALL RIGHT, WE'RE GONNA UP OUR CONTINGENCY.

IF I'M THAT LAND OWNER, I'M SAYING, I'M THINKING EVERY PENNY OF THAT $50,000.

'CAUSE THEY CAN'T FINISH THEIR PROJECT IF I DON'T GET IT.

SO BEFORE WE STARTED THE CONSTRUCTION, WE DID HAVE ALL THE EASEMENTS FOR THIS PROJECT, BUT WHEN WE CAME TO THIS LAST LOCATION OF 600 FEET WHERE IT'S STRETCHES THROUGH ONE PROPERTY, UHHUH, THAT'S WHERE THE EXISTING, UH, INTERCEPTOR SEWER THAT IS ALSO A 33 INCH INTERCEPTOR.

THE WAY THEY INSTALLED IT WASN'T, UM, WE HAVE A EXISTING 30 FOOT EASEMENT.

IT WASN'T INSTALLED LIKE CLOSER TO ONE END OF THE EASEMENT OR MIDDLE, BUT IT WAS ALMOST INSTALLED LIKE, KIND OF LIKE, IT TAKES LIKE LITTLE BIT CURVY THING.

SO THAT'S WHY WE HAVE TO GO A LITTLE BIT FURTHER AWAY FROM IT.

UM, AND EVEN IF WE GO CLOSER TO, TO THIS EXISTING INTERCEPTOR SERVER WITH HEAVY EQUIPMENT AND STUFF, IT MIGHT DAMAGE THE EXISTING INFRASTRUCTURE.

SO THAT'S THE REASON WE NEED ADDITIONAL EASEMENT TO PUT THE NEW INTERCEPTOR SERVER A LITTLE BIT FURTHER AWAY FROM THE EXISTING SEWER.

SO NOW IF THE LANDOWNER GETS BELLIGERENT, WE CAN WE GO THROUGH IMMINENT DOMAIN IF WE HAD TO, TO GET WHATEVER NEED WE HAD TO HAVE.

YOU, YOU CAN, AND, AND THIS IS EXACTLY WHY WE, WE TYPICALLY HOLD OFF ON OUR PROJECT TO, WE HAVE ALL THE EASEMENTS.

SO THIS IS REALLY AN EXTENUATING CIRCUMSTANCE TO WHERE WE'RE HAVING TO COME BACK AND STILL, YOU KNOW, GET ADDITIONAL EASEMENTS DURING THE MIDDLE PART OF A PROJECT.

SO WE DON'T, YES, YOU CAN USE IT, BUT DOMAIN IF YOU HAVE TO.

[00:50:01]

NOT THAT WE WANT TO.

THAT'S NOT, THAT'S NOT MY POINT, BUT YES.

I JUST WANTED, IT JUST SEEMED AWFUL.

'CAUSE THERE'S A COUPLE OF 'EM HERE.

THEY'RE REALLY BIG NUMBERS THAT YOU GUYS ARE COMING BACK AND ASKING FOR MONEY AT THE END OF A PROJECT OR WHATEVER.

AND IT, THAT'S WHY I WAS ASKING.

DO, DO YOU FEEL LIKE WE'LL GET THE COOPERATION, UH, FROM THIS LAST PERSON OR RESIDENT AS MADAM? AS MADAM MAYOR? YEP.

I'LL ENTERTAIN A MOTION COUNSEL.

I MOVE TO APPROVE CHANGE ORDER NUMBER SIX FOR GROVE CREEK PARALLEL GRAVITY TRUNK SEWER PHASE ROMAN NUMER FOUR PROJECT WITH CIRCLE H CONTRACTORS, LP FOR THE INSTALLATION OF A CONCRETE RIP WRAP AND A 48 INCH STEEL EN ENCASEMENT IN THE AMOUNT OF $222,060 WITH AN ADDITIONAL CONTINGENCY OF $50,000 TO BE FUNDED BY WASTEWATER IMPACT FEES AND AUTHORIZE THE CITY MANAGER TO EXECUTE ALL THE NECESSARY DOCUMENTS.

NEXT ITEM, CONSIDER CONSTRUCTION CONTRACT CHANGE ORDER FOR THE WATER STREET WATER LINE IMPROVEMENTS PROJECT.

[11. Consider construction contract change order for the Water Street Waterline Improvements Project]

JUSTIN OR JAMES? OKAY, SOMEBODY, MAYOR.

SO THIS, UH, JUST TO CHANGE ORDERS, IT IS BASICALLY TO CHANGE IT FROM ACTUALLY HAVING TO JUST DO A STREET REPAIR, UH, OF THE PAVEMENT BECAUSE OF THE INSTALLATION OF THE WATER AND SEWER LINES.

IT'S ACTUALLY TO DO A CHANGE OR TO ACTUALLY DO THE WHOLE WIDTH OF THE ROAD.

SO TAKE OUT TO ALL THE PAVEMENT, PUT A FULL SECTION RIGHT THERE, SIX INCHES OF, UH, BASE AND SIX INCHES OF ASPHALT RIGHT THERE FOR THIS ROAD.

SO THIS WOULD BE A PERMANENT FIX FOR AT LEAST A SECTION BETWEEN SPENCER TO TEXTILE.

SO, UM, GO AHEAD CHRIS.

NO, I WAS GONNA SAY I KNOW WHERE TEXTILE IS.

WHERE'S SPENCER? IS IT HIGHWAY BY THE RAILROAD TRACKS? OKAY.

AND THEN WE HAVE A, A PLAN TO ACTUALLY DO SOME IMPROVEMENTS FOR THE, IT'S MORE LIKE A TEMPORARY IMPROVEMENTS FROM, UH, TEXTILE TO MONROE STREET, UH, THAT WAY WE HAVE A FUTURE PHASE FOR WATER AND SEW REPLACEMENT.

BUT GO AHEAD AND, AND DO A TEMPORARY PAVEMENT FIX, SIMILAR TO WHAT WE DID WITH PRESSURE PAVE AT, UH, GRAND AND JEFFERSON THAT WOULD DO SOMETHING LIKE THAT TEMPORARILY UNTIL WE GET THE NEXT PHASE OF THE WATER THROUGH OUT THERE.

SO YOU ANSWERED THE FIRST OF MY TWO QUESTIONS AS IT AS IT RELATES TO WATER ALL THE WAY DOWN TO MONROE THERE, UH, BECAUSE I KNOW WHERE THEY'RE DOING THE WORK RIGHT NOW, AND THERE'S ALSO PART OF THAT WHERE THE, THE STREET IS ESSENTIALLY GONE.

UM, BUT FROM THERE, TEXTILE ALL THE WAY DOWN TO MONROE THAT THERE'S GOING TO BE, UM, ADDITIONAL WORK DONE.

THERE WILL BE.

SO IN SPRINGTIME, THAT'S WHEN WE'RE LOOKING AT DOING THE, THE REST OF THAT PROJECT RIGHT THERE.

FOR NOW, WE WANT TO DO THE PERMANENT FIX AND OUR UTILITY TEAM DID GO AND INVESTIGATE ALL THE SEWER FROM TEXTILE TO MONROE AND THERE SOME POINT REPAIRS ALREADY, UH, THROUGHOUT THAT STREET.

UH, AND SO SEWER RIGHT NOW IS, IS IN A GOOD CONDITION.

UH, SO MAINLY THE THING IS WE DON'T, YOU KNOW, WE DON'T WANT, DO WE REDO THE WHOLE ROAD? UH, THAT'S SOMETHING SUPPOSED TO LAST FOR 20 YEARS, 30 YEARS.

AND KNOWING THAT, YOU KNOW, WE'RE GONNA HAVE TO REPLACE OUR WATER AND SEWER PROBABLY IN 10 YEARS FROM NOW.

MM-HMM.

SO WE'RE GOING TO PUT SOMETHING TEMPORARY THAT CAN LAST US 10 YEARS, UH, BEFORE WE DO THAT REPLACEMENT, THAT WATER SEWER, AND THERE'S A COUPLE OF PLACES ALONG WATER WHERE THERE'S CULVERTS WITH HORNS IN IT.

THIS ISN'T GONNA, ARE THEY GONNA HAVE TO GO IN AND DO ANYTHING ON THAT? OR IS THIS JUST THE ROAD? SO WHAT, THAT'S ONE OF THE THINGS THEY'RE GONNA BE DOING IS IMPROVING THE, THE DITCHES ALONG, UH, FROM SPENCER TO, UH, TEXTILE.

AND THAT'S ANOTHER REASON WHY WE'RE ALSO PUSHING THIS OUT TO SPRINGTIME FOR THE ARREST OF IT.

MM-HMM.

, UH, FROM TEXTILE TO MONROE TO BUILD DEAL SOME OF THE DRAINAGE SITUATIONS OUT THERE.

AND, UH, IN THE SPRING TIME, WE'RE ALSO GONNA BE LOOKING AT TEXTILE FROM WATER STREET TO MAIN STREET, IMPROVING THAT SECTION RIGHT THERE TOO.

WITHIN THE CI, THE ORIGINAL CONTRACT FOR THE WATER AND SEW REPLACEMENT.

SO THANK YOU.

YOU'RE WELCOME.

I JUST HAVE A GENERAL QUESTION.

IT'S NOT GONNA BE FOR JAMES.

UM, WHY WAS NONE OF THIS INFORMATION INCLUDED IN THE PACKET? AND WE JUST GOT, AGAIN, THE MEMORANDUM ON THIS.

SO OUT A MAP DRAWN, NOT A, NOT A, LIKE A TRUE SCOPE OF WORK, WE JUST GOT THE MEMORANDUM, SO ON THE MEMORANDUM, AND THAT'S A, WE CAN LOOK AT IN THE FUTURE PUTTING AN EXHIBIT TOGETHER TO SHOW THE LIMITS OF THIS, THIS PROJECT.

SO WE CAN DEFINITELY DO THAT.

SO THE LIMITS OF THE ORIGINAL PROJECT THOUGH, THE CHANGE ORDER IS STILL STAYING

[00:55:01]

AND SO BASICALLY WE'RE LOOKING AT JUST DOING THE, STAYING WITHIN THE LIMA OF CIRCLE H'S CONTRACT, THE, THE FUTURE.

WE, WE PUT A NOTE RIGHT THERE THAT FUTURE WORK GONNA BE DONE, UH, FOR LIKE, REHABILITATION OF THE, IN THE MEMORANDUM, BUT IT, IT, YES, IT IS A ONE SENTENCE OR TWO SENTENCES IN THERE TALKING ABOUT THE, THE FUTURE IMPROVEMENTS TO THAT, UH, TO THAT, UH, PAVEMENT AND TEMPORARY BASIS.

I JUST THINK IT'D BE HELPFUL FOR ALL OF US IF WE COULD, INSTEAD OF JUST BEING THIS ONE PROJECT THAT WE HAVE THE MEMORANDUM ON, IF WE COULD SEE THE FULL SCOPE.

MAYBE WE DID DISCUSS IT SIX MONTHS AGO, BUT AGAIN, HERE WE ARE ASKING FOR QUITE A BIT OF MONEY FOR A VERY SMALL PART OF THE PROJECT.

AND THEN THE PACKETS THAT ARE PUT ONLINE IN THE SAKE OF TRANSPARENCY, UM, THERE'S JUST A MEMORANDUM AND NO, NO SITE PLAN, NO SCOPE, NO FUTURE PLAN.

SO IF THAT'S SOMETHING THAT WE COULD DO, MICHAEL IN THE FUTURE JUST TO, TO KIND OF HELP WHEN WE'RE ASKING FOR BIG DOLLARS.

YEAH, WE CAN PUT A PICTURE IN THERE.

I'LL SHOW YOU WHERE, WHERE THE STREET IS.

YEAH, DEFINITELY.

NO, NOT A PICTURE TO SHOW US WHERE THE STREET IS.

WE'RE TALKING ABOUT FUTURE THINGS IN THE SPRING AND FUTURE PROJECTS.

SO IF WE COULD GET THAT FULL SCOPE IN THERE INSTEAD OF JUST A SENTENCE OR TWO.

UM, MAYBE SOME DATES AND DISSIPATED DATES, GOAL DATES, UM, QUITE LITERALLY ANYTHING MORE THAN A SENTENCE OR TWO ASKING FOR $385,000 ON A MEMORANDUM WOULD BE FANTASTIC.

ANY OTHER QUESTIONS? IF NOT, I'LL ENTERTAIN A MOTION.

I MOVE TO APPROVE THE CONSTRUCTION CONTRACT CHANGE ORDER WITH CIRCLE H CONTRACTORS, LP IN THE AMOUNT OF $385,974 FOR THE WATER STREET WATERLINE IMPROVEMENT PROJECT AND AUTHORIZE THE CITY MANAGER TO EXECUTE ALL THE NECESSARY DOCUMENTS.

THE CITY COUNCIL OF THE CITY OF WAXAHATCHEE GRANTING TO GATEWAY PIPELINE COMPANY LLCA FRANCHISE TO FURNISH AND SUPPLY GAS TO THE GENERAL PUBLIC IN THE CITY OF WAXAHATCHEE, ELLIS COUNTY, TEXAS, FOR THE TRANSPORT DELIVERY CELL AND DISTRIBUTION OF GAS IN, OUT OF AND THROUGH THE CITY FOR ALL PURPOSES.

THANK YOU COUNSEL.

NEXT ITEM IS A FIRST READING OF PROPOSED ORDINANCE APPROVING THE GATEWAY PI PIPELINE COMPANY, LLC FRANCHISE AGREEMENT.

DID YOU WANT TO SPEAK ON THIS BEFORE I READ THIS? SURE.

IF YOU WANT ME TO GIVE YOU A LITTLE BACK AGAIN ON THAT.

GOOD EVENING COUNSEL.

UH, YEAH, GATEWAY, UH, GATEWAY PIPELINE COMPANY LLC IS REQUESTING TO RENEW THEIR EXISTING UTILITY, UM, PUBLIC UTILITY EASEMENT FRANCHISE FRANCHISE EASEMENT.

SORRY ABOUT THAT.

THEY DISTRIBUTE NATURAL GAS AND CURRENTLY HAVE INFRASTRUCTURE IN THE CITY'S RIGHT OF WAYS, AND THEY SERVICE A HANDFUL OR MULTIPLE INDUSTRY CONSUMERS HERE IN TOWN.

UH, CITY CHARTER REQUIRES TWO PUBLIC, UH, SEPARATE PUBLIC READINGS, UM, WHENEVER CONSIDERING YOU'RE CREATING, MODIFYING OR RENEWING, UH, PUBLIC UTILITY FRANCHISE AGREEMENTS.

SO TONIGHT THERE'S NO, UH, MOTION NEEDED.

WE JUST NEED TO CONDUCT THE, THE FIRST PUBLIC READING THERE AND THEN WE'LL BE BACK DECEMBER 16TH FOR THE SECOND AND FOR YOU, UH, THE APPROVAL OR TO SEEK APPROVAL OF THAT AGREEMENT THERE.

AND THEN, UH, THEN IF THAT'S PASSED, IT'LL HAVE TO BE RUN IN NEWSPAPER FOR FOUR CONSECUTIVE WEEKS.

AND SO I WOULD LIKE THAT.

I BELIEVE THE, THE MEMO YOU WERE PROVIDED SAYS THAT THE NEWSPAPER ARTICLE WILL BE RUN AFTER THE FIRST ONE, BUT IT'LL BE RUN AFTER IT'S APPROVED AND READ THE SECOND TIME.

SO I BELIEVE THE, THE, THE PROPER CAPTION IS PROVIDED FOR THE FIRST PUBLIC READING.

OKAY, THANK YOU.

AN ORDINANCE OF

[12. First reading of proposed Ordinance approving the Gateway Pipeline Company, LLC Franchise Agreement]

PROVIDING FOR THE PAYMENT OF A FRANCHISE FEE FOR THE USE OF THE CITY'S STREETS, ALLEYS AND PUBLIC RIGHT OF WAYS REQUIRING COMPLIANCE WITH ALL REGULATORY ORDINANCES OF THE CITY AND PROVIDING FOR OTHER PROVISIONS RELATED TO THE SUBJECT MATTER HEREOF.

ALRIGHT, UM, NEXT WE'RE GONNA, THE NEXT, UH, ITEM HERE IS TO CONVENE INTO EXECUTIVE SESSION.

UH, WOULD, WOULD Y'ALL LIKE TO DO PUBLIC COMMENTS? UH, OR ACTUALLY, MADAM MAYOR, OUR COMMENTS GO RIGHT AHEAD.

WE HAVE, WE HAVE A VISITOR THIS EVENING.

UM, MS. ELIZABETH ALVARADO,

[01:00:02]

SHE'S HERE, UH, GETTING SOME EXTRA CREDIT, I BELIEVE FOR, FOR A SCHOOL PROJECT.

AND, UH, HER AND HER SISTER, UH, WORK FOR ME AT, AT THE RESTAURANT AND SHE'S, SHE'S AN EXCEPTIONAL EMPLOYEE AND VERY SMART.

VERY JUST THANKS FOR COMING IN.

YEAH, THANKS FOR BEING HERE.

TARA, DO YOU HAVE ANYTHING? NO MA'AM.

MAYOR, THANK YOU.

NO, SIR.

NO MA'AM.

MAYOR PRO TEM WRIGHT, I JUST WANT TO GIVE MY CONDOLENCES TO THE FAMILY OF MISS OF MAYOR BARNES.

THERE'S A GREAT LOSS, A GREAT MAN.

THANKS.

ALBERT, DO YOU HAVE ANYTHING? NOTHING.

I'LL LEAVE THE, I BELIEVE THAT MADAM MAYOR WILL HAVE SOMETHING TO SAY ABOUT DOUG, PROBABLY AT LENGTH.

BUT, UM, TO ECHO CHRIS, IT'S A HUGE LOSS.

UM, THAT WAS TOUGH TO TAKE ON A, ON A HAPPIER NOTE.

UM, AND, AND THEN THE AGGIES LOST, LIKE, CAN WE, GOD, IGHT, HE JUST .

I KNOW DOUG'S MAD.

, YOU KNOW, UM, ON A HALF YOUR NOTE, UH, APPLAUD ALL OF THE RESIDENTS ALONG, UM, ALONG MARVIN AND HARVIN AND KERVIN AND SYCAMORE.

UH, CHIEF, THANK YOU FOR ALL YOU AND YOUR GUYS AND GALS DID.

UM, THE HALLOWEEN TOWN AS WE'VE BECOME IN THAT AREA, UH, WAS QUITE THE SIDE TO BE SEEN.

I DON'T KNOW HOW MANY FOLKS, AND I'VE ASKED LORI IF THAT'S SOMETHING THAT SHE CAN PULL AND APPARENTLY SHE CAN, UM, LIKE THE CELL PHONE PINGS, BUT IT WAS SEVERAL THOUSANDS OF PEOPLE AND KIDS, UM, HOW THEY AFFORD THE CANDY BILL.

I HAVE NO IDEA.

'CAUSE I BOUGHT A CANDY FOR THREE BAGS FOR $31.

UM, SO HOW THEY AFFORD ALL THAT, I HAVE NO IDEA.

BUT WITH THAT BEING SAID, AS A COUNCIL, UM, AND A CITY KIND OF WANNA CHALLENGE US TO MAYBE EMBRACE THAT, UM, AND TO REALLY BLOW THAT OUT, THAT THAT'S A TRUNK AND TREATS, TRUNK AND TREATS ARE, ARE CUTE AND FUN, BUT WE'VE GOT SOMETHING SPECIAL OVER THERE.

UM, SO IF WE CAN FIND A WAY TO REALLY EMBRACE THAT AND MAKE IT A QUOTE UNQUOTE FESTIVAL, UM, I THINK THAT THAT MIGHT BE GOOD FOR US AND THE COMMUNITY.

IT'S PRETTY, IT'S PRETTY COOL TO SEE THE NEXT GENERATION GOING TO OUR HISTORIC AREA OF TOWN AND SEEING WILDMAN AND ALL THE OLD HOMES AND, UM, IT'S PRETTY COOL.

SO THANK YOU TO ALL OF THOSE THAT, UH, WORK TO PULL THAT OFF.

COUNCILMAN ATKINS.

UH, MICHAEL, UH, THANK YOU MAYOR.

I WAS JUST GONNA GIVE A QUICK HEADS UP.

UM, IF YOU RECALL, UH, JUST A MONTH OR TWO AGO, UH, WE DID NOMINATIONS FOR THE S COUNTY APPRAISAL DISTRICT, OR LL CENTRAL APPRAISAL APPRAISAL DISTRICT.

UM, ON THE NEXT COUNCIL MEETING, WE'LL HAVE A RESOLUTION WE'LL NEED TO, UH, PASS, WHICH SHOULD ACTUALLY CAST OUR VOTES FOR THOSE BOARD MEMBERS.

UM, AND IF YOU RECALL, WE, UH, THREW OUR SUPPORT BEHIND DANNY MCELROY LAST TIME.

AND, UH, THAT'D BE STAFF'S RECOMMENDATION AGAIN.

UM, AGAIN, THE ITEM WILL BE ON THERE, SO PLEASE LEMME KNOW IF YOU HAVE OTHER THOUGHTS ON THAT GOING FORWARD.

BUT WE HAVE 387 VOTES THAT WILL BE CASTING, UM, BEHIND, YOU KNOW, ONE OR MORE, UH, CANDIDATES FOR THAT, THOSE OFFICES.

SO JUST GIMME A HEADS UP, UP OVER THE NEXT AGENDA.

UH, MOVING FORWARD AS, UH, THEY LAY HIM TO REST IN THE NEXT COUPLE DAYS.

UH, IN THAT SAME, UH, VEIN, UH, COUNCILMAN COUNCILMAN SMITH, I LIKE THAT IDEA.

AND, UH, YOU KNOW, THE MOST, UH, THE, UH, THE BEST PART OF, OF, OF THAT GOING ON OVER THERE IS THAT, UH, FAMILIES FEEL SAFE, UH, TO BRING THEIR KIDS, UH, TO THAT AREA.

AND, UH, THANKS TO, UH, OUR FIRST RESPONDERS FOR BEEFING UP, UH, THE AREA, UH, FOR THAT EVENT.

AND, UH, I, I LIKE SOME OF THOSE COMMENTS YOU HAD.

AND, UM, LAST BUT CERTAINLY NOT LEAST, WE JUST WANNA ACKNOWLEDGE AND REMEMBER, UH, FORMER MAYOR DOUG BARNES AND, UH, HIS SERVICE TO THE CITY.

UM, HE, UH, SERVED THE CITIZENS OF WAXAHATCHEE FOR 18 YEARS AND, UM, HE PASSED AWAY ON WEDNESDAY AND WILL CERTAINLY, UH, UM, MISS HIM.

HE'S A, A GREAT MAN OF INTEGRITY.

UH, HE WAS A FRIEND TO ALL, HE NEVER MET A STRANGER.

AND, UH, WE JUST WANNA REMEMBER HIM AND HIS FAMILY,

[01:05:01]

GO INTO, UH, EXECUTIVE SESSION.

AND WE WILL

[13. Convene into Executive Session for: • Consultation with City Attorney regarding pending or contemplated litigation as permitted under Section 551.071, Texas Government Code • Deliberation regarding real property as permitted under Section 551.072, Texas Government Code]

UM, FEEL FREE TO STAY, UH, OR GO HOME AND GET SOME REST.

EVERYBODY BACK.

OKAY, WE ARE BACK IN

[14. Reconvene and take any necessary action]

SESSION.

AT, UH, 8 57.

I THINK WE HAVE A MOTION.

MADAM MAYOR, I MOVE TO APPROVE THE PURCHASE OF TWO PARCELS OF LAND LOCATED ON SOUTH COLLEGE STREET WITH ECAD PROPERTY, IDS OF 1 7 1 1 5 0 AND 1 7 1 1 4 1 FOR A COMBINED PURCHASE PRICE OF $75,000 PLUS ANY CLOSING AND OR SURVEY COSTS AS NECESSARY.

AS WELL THE PURCHASE OF APPROXIMATELY TWO ACRES OF LAND LOCATED AT 4 41 SOUTH COLLEGE STREET WITH ECAD PROPERTY ID 1 7 1 1 4 3 AT A PURCHASE PRICE OF $3 AND 50 CENTS PER SQUARE FOOT, PLUS ANY CLOSING AND SURVEY COSTS AS NECESSARY.

AND AUTHORIZE THE CITY MANAGER TO NEGOTIATE AND EXECUTE THE PURCHASE CONTRACT AND ANY OTHER REQUIRED DOCUMENTS AS NECESSARY TO ACQUIRE THE PROPERTIES.

WE HAVE A MOTION.

ALL IN FAVOR? RAISE YOUR RIGHT HAND PLEASE.

AND UH, THAT CONCLUDES OUR MEETING TONIGHT, GENTLEMEN, AT 8 58.

THANK YOU VERY MUCH.