* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [1. Welcome] [00:00:09] THERE WAS A REGULAR MEETING OF THE CITY OF SAN BENITO CITY COMMISSION, TUESDAY, APRIL 5TH, 2022. IT'S FIVE 30. LIKE TO WELCOME EVERYBODY LIKE TO CALL THIS MEETING TO ORDER. AND WE DO HAVE A QUORUM AND NUMBER TWO PLEDGE OF ALLEGIANCE TO US FLAG AND TEXAS FLAG. AND PLEASE REMAIN STANDING FOR THE INVOCATION BY MR. DAVID FABIOLA. I'M GOING TO TAKE THIS FLAG. I PLEDGE ALLEGIANCE TO THEE, TEXAS ONE STATE, AND YOU GOT ONE, LET US PRAY LOVINGLY HEAVY HEAVENLY FATHER. WE COME BEFORE YOU TODAY ASKING FOR YOUR BLESSING AND HELP AS WE ARE GATHERED TOGETHER. WE PRAY FOR GUIDANCE IN THE MATTERS AT HAND AND ASK THAT YOU WOULD CLEARLY SHOW US HOW TO CONDUCT OUR WORK WITH A SPIRIT OF JOY AND ENTHUSIASM. GIVE US A DESIRE TO FIND WAYS TO EXCEL IN OUR WORK, HELP US TO WORK TOGETHER AND ENCOURAGE EACH OTHER TO EXCELLENCE. WE ASK THAT YOU CHALLENGE US TO REACH HIGHER AND FARTHER TO BE THE BEST WE CAN BE. WE ASK THIS IN THE NAME OF LORD JESUS CHRIST. AMEN. OKAY. I DON'T NUMBER FOUR. I DON'T KNOW COMMUNITY INTEREST. DOES ANYBODY HAVE ANY, ANYTHING TO SAY COMMISSIONERS WELL, I DO, UM, THIS WEEKEND, THIS PAST WEEKEND WE HAD THE, UH, THE CHAMBER BIKE TOUR, THE FIFTH DANIEL, AND, UH, I BELIEVE WE HAD THE 150, 150 ENTRIES. UH, I TALKED TO SOME PEOPLE WE DID HAVE, UH, SOME, I GUESS CONTESTANTS OR PEOPLE KINDA CAME IN FROM LAREDO MISSION, UH, BRONZEVILLE, [4. Announcements: Items of Community Interest. (Part 1 of 2) (*This meeting was joined in progress*)] MEXICO. SO, UH, YOU KNOW, THERE WAS A VARIETY THAT CAME IN AND, UH, THEY HAD THIS, UH, THE TOUR, UH, I BELIEVE THAT WAS 20, 40, 60. OKAY. 60 MILES ON THERE, WHICH IS, I DON'T KNOW HOW THEY DO IT, BUT, WELL, IT'S GOTTA BE A LOT OF ENDURANCE, BUT AGAIN, THANK YOU ALL TO THE CHAMBER THAT, UH, IT WAS, IT WAS, UH, I BELIEVE IT WAS A HUGE SUCCESS AND, UH, THANK YOU FOR BRINGING IT TO SOMEBODY. OKAY. THANK YOU. ANYBODY ELSE? NOPE. OKAY. I REMEMBER IF I [5. Public Comments - (Speaker/Remarks limited to three minutes. Not more than three speakers on one topic.)] PUBLIC COMMENT THE ROUTE, DO WE HAVE ANYBODY FOR PUBLIC COMMENTS? UM, YES SIR. MR. DAVID, FLATMAN MR. FLOOD, MAN. DAVE REDMOND WITH YOUR HOME, TEXAS. UM, AND JUST COMING HERE TONIGHT TO, UH, MEET WITH YOU ABOUT OUR NEW PROJECT, UH, RUSSELL RANCH. UM, JUST WANT TO SAY HOW EXCITED WE WERE, UM, TO BE MOVING FORWARD ON THIS PROJECT. UM, HOW WE'RE LOOKING FORWARD TO CONTINUING TO, UH, CONTRIBUTE TO THE COMMUNITY. UM, WE'VE ACTUALLY BEEN BUILDING HOMES HERE SINCE 2016. SO ABOUT SIX YEARS. THIS WILL BE OUR FIRST SUBDIVISION THAT WE'VE DEVELOPED. UM, OH, I DON'T THINK I GAVE YOU MY ADDRESS FOR 8 47 SOUTH JACKSON ROAD IN EDINBURG. SO IT'S BEEN QUITE A PROCESS. UM, WE'RE EXCITED ABOUT SEEING A LIGHT AT THE END OF THE TUNNEL AND, UH, WHAT WE'VE, UH, ONE OF THE THINGS THAT I WAS JUST GOING TO SHARE IS THAT, THAT THE PROCESS SEEMED A LITTLE BIT LIKE, UM, PLAYING A GAME OF CHESS. AND I KIND OF LIKE TO THINK OF THE, UH, I LIKE TO PICTURE THE PROCESS MORE AS A RELAY RACE, WHERE WE'VE GOT EVERYBODY ON THE SAME TEAM RUNNING IN THE SAME DIRECTION, UM, TO COME TO THE SAME END AND THEN THE WHOLE TEAM WINS. SO WE SEE YOU GUYS AS, AS, UH, PARTNERS IN WHAT WE'VE PROPOSED AND, UH, HOPE THAT MOVING FORWARD, WE CAN, UH, REALLY ENCOURAGE THAT, THAT TYPE OF, UH, COLLABORATION [00:05:01] AND COOPERATION. UM, WE BELIEVE THAT THIS PROJECT IS A WIN-WIN FOR THE COMMUNITY AND OURSELVES. UM, WE'VE MADE AN, A SIGNIFICANT INVESTMENT HERE IN SAN BENITO. UM, WE'LL BE BRINGING JOBS, UM, CUSTOMERS TO LOCAL BUSINESSES AND TAXPAYERS TO THE CITY. WHAT WE'VE ALREADY DONE, UM, OR INTEND TO DO IS FIRST WE'VE PROVIDED THE FIRST, I UNDERSTAND THIS THE FIRST TRAFFIC IMPACT ANALYSIS IN THE AREA. UM, SO THAT'LL PROVIDE FUTURE DATA FOR, UM, OTHER DEVELOPERS COMING IN. WE'VE ALSO PROVIDING IN THIS, IN THIS PROJECT A TWENTY-FIVE YEAR STORM SYSTEM, UM, WHICH AT THE TIME THAT WE APPLIED FOR THE PROJECT, IT WAS ONLY REQUIRED TO BE A 10 YEAR, UH, TO TAKE CARE OF A 10 YEAR EVENT. OUR INTENTIONS TO ARE TO IMPROVE THE FLOOD CAPACITY, UH, FOR THE COMMUNITY BY WIDENING A PORTION OF THE CHANNEL WEST OF, UH, WEST OF OUR PROJECT, WORKING WITH CLARK COUNTY DRAINAGE DISTRICT NUMBER THREE, AND HAVE COME TO A PLAN, UH, TO WIDEN THAT BESIDES THAT WE'RE PAYING OUR CAPITAL CONTRIBUTIONS FOR THE PROJECT UPFRONT FOR THE INFRASTRUCTURE. UM, THIS IS, UH, SOMETHING I BELIEVE WAS TYPICALLY PAID FOR DURING THE BUILDING PERMIT PROCESS, BY THE BUILDERS. OKAY. UM, SOME OF THE THINGS THAT WE'RE PROVIDING TO, OH, IS THAT IN ANY WAY, LOOKING FORWARD TO UNDERSTAND THAT YOU HAVE SOME QUESTIONS STILL AND LOOKING FORWARD TO ANSWERING THOSE DURING OUR AGENDA ITEM. OKAY, SIR. THANK YOU VERY MUCH. THANK YOU FOR COMING. OKAY. UM, I NEED TO GO BACK. UM, [4. Announcements: Items of Community Interest. (Part 2 of 2)] I THINK ONE OF THE ITEMS THAT, UH, THAT I WAS GIVEN, AND I FORGOT ABOUT THIS, UH, BACK ON THE, UH, COMMUNITY INTEREST, UH, WE HAVE THIS, UH, AND THIS IS, UM, I'LL READ THE WHOLE THING. IT SAYS GOOD MORNING, RUTH. UH, CAN YOU PLEASE, UH, INCLUDE THE FOLLOWING ANNOUNCEMENT ON TOMORROW'S MEETING? UH, PLEASE JOIN US ON SATURDAY, APRIL 9TH AT THE HAVEN PARK MEMORIAL PARK AT FOUR, BETWEEN FOUR AND 10, WHERE THE RECYCLE FOOD CITY COURT AND THE EASTER FESTIVAL, THERE WILL BE PLENTY OF ACTIVITIES, INCLUDING EIGHT HUNT, UH, PICTURES WITH THE EASTER BUNNY, A CAKE WALK AND MORE INFORMATION CALL, UH, PARKS AND RECREATION DEPARTMENT, UH, NUMBER 6, 360 1 3800 AND THERE'S, AND YOU CAN CONTACT THEM AS NIKKI SERRANO. OKAY. SO INVITE THE PUBLIC AND ALL THE PEOPLE, UH, FOR THIS COMING SATURDAY, OKAY. AT A NUMBER SIX, [6. Consideration and possible action to approve the Minutes of the December 21, 2021 Regular City Commission Meeting.] UH, CONSIDERATION OF POSSIBLE ACTION TO APPROVE THE MINUTES OF DECEMBER 21ST, 2021 REGULAR CITY COMMISSION MEETING. ANYBODY HAVE QUESTIONS? QUESTIONS. OKAY. DO I HAVE A MOTION MOTION BY COMMISSIONER FRANCO? SECOND, SECOND BY COMMISSIONER. ALL IN FAVOR. ANY NAYS MOTION PASSES? YEAH. YOU HAVE A NUMBER [7. Consideration and possible action to approve an annual membership payment to the San Benito Chamber of Commerce.] SEVEN CONSIDERATION POSSIBLE ACTION TO APPROVE THE ANNUAL MEMBERSHIP PAYMENT FOR THE SEVEN-YEAR-OLD CHAMBER OF COMMERCE. AND MR. PRESENTED THE CENTER MAYOR AND COMMISSIONERS. BEFORE YOU HAVE THE ANNUAL MEMBERSHIP, UH, YOU HAVE AN INVOICE IN THE AMOUNT OF $10,000. UH, WE WERE ALSO PROVIDED A BREAKDOWN OF WHAT THE VARIOUS MEMBERSHIP BENEFIT LEVELS ARE. AND AS YOU CAN SEE IT, THIS IS A KIND OF A ONE PAGE AND THAT'S THE WAY IT WAS PROVIDED TO US. SO I DON'T KNOW WHAT GOES BEYOND WHERE YOU SEE PREMIUM IN THOSE COLUMNS INTO THE RIDE, BUT YOU'RE CURRENTLY AT THE PLATINUM. IF YOU LOOK AT THE GOLD IT'S, IT'S A HALF THE COSTS, BUT IT SAYS YOU START GOING THROUGH THIS, YOU'LL SEE WHAT YOUR, WHAT BENEFITS YOU'RE GETTING OUT OF EACH MEMBERSHIP LEVEL. SO, UM, I'VE HAD INQUIRIES IN THE PAST AND EVEN RECENTLY ON THE MEMBERSHIP FEES FROM SOME OF YOU ELECTED OFFICIALS. SO, UM, THIS IS YOUR MEMBERSHIP. IT'S NOT SOMETHING THAT WE GENERALLY WOULD JOIN ON OUR OWN, UH, STAFF. SO YOU GET TO THE SIDE. SO IT'S BROUGHT TO YOU, UH, IF YOU WANT TO MAINTAIN THAT SAME LEVEL OR DIFFERENT LEVEL AMOUNT, AND YOU NEED TO LET US KNOW, SO WE KNOW HOW TO PROCESS THIS REQUEST. OKAY. COMMISSIONERS, UM, WE HAVE THE, UH, THE CHAMBER HERE YOU GO ON TO BRING THEM UP TO TALK OR Y'ALL HAVE EMOTIONAL ALREADY. OH, WHO'S HERE REPRESENTING THE CHAMBER. IS IT MS. SPAS? WOULD YOU COME UP TO THE OR [00:10:03] PHOEBE? OH, OKAY, SURE. YEAH. OKAY. SO THE MEMBERSHIP LEVEL THAT WE HAVE IS, UH, PRETTY MUCH A STANDARD PLATINUM, RIGHT? UH, THERE'S A LOT OF THINGS HERE THAT I FEEL WELL, MAYBE WE SHOULD INCLUDE OTHER THINGS, UH, RATHER THAN SOME OF THE THINGS THAT MAY BE DUPLICATED, I'D LIKE TO WORK OUT MORE DETAIL AND MORE DETAIL HOW WE CAN WORK. UH, AND I THINK WAS IT MR. FRIEDMAN THAT SAID COLLABORATION WORK TOGETHER. OKAY. SO WE CAN PROMOTE SAN BENITO AT A GREATER LEVEL. UM, THERE'S, THERE'S SOME HERE, SOME THINGS HERE THAT, UM, MAY BE APPLICABLE TO THE GENERAL COMMUNITY OR OTHER BUSINESSES OR ANYTHING LIKE THAT. BUT I THINK AS FAR AS OUR RELATIONSHIP, UH, WITH THE CITY AND THE CHAMBER, WE CAN WORK ON MAYBE BEING A LITTLE BIT MORE CREATIVE WHEN IT COMES TO US WORKING TOGETHER. OKAY. I WANT TO CONTINUE, UH, THIS MEMBERSHIP, BUT I DEFINITELY WANT TO WORK OUT BETTER DETAILS THAT WILL, UH, PUSH, UH, PROMOTING SAN BENITO MARKETING SAN BENITO TO A GREATER LEVEL AND IN COLLABORATION BETWEEN US THE CHAMBER. AND I SEE REBECCA BACK THERE WITH THE EDC. SO, SO I, I DON'T, I LIKE THIS, THE MEMBERSHIP, BUT I FEEL THAT THIS IS JUST A GENERAL MEMBERSHIP, RIGHT. THIS IS SOMETHING THAT YOU OFFER ALL THE BUSINESSES OUT THERE, OR ANY, ANYBODY LOOKING TO BE A MEMBER, IS THAT CORRECT? YEAH. RIGHT, RIGHT. IT'S FOR EVERYONE. OKAY. SO, SO THIS WOULD BE, WHAT I'M ASKING FOR IS MAYBE A LITTLE BIT MORE, UH, I GUESS, DETAILS OF CREATIVITY, HOW WE CAN, UH, MAYBE PROMOTE SAN BENITO A LITTLE BIT BETTER BETWEEN AND COLLABORATION BETWEEN US AND YOU, UH, RATHER THAN SOME OF THESE THINGS THAT ARE ON HERE THAT WE REALLY DON'T NEED. YOU KNOW, I THINK THERE ARE A LOT OF THESE ARE DUPLICATIONS THAT WE'RE ALREADY DO. UH, ABSOLUTELY. WE WOULD LOVE TO MEET WITH YOU ANYTIME WITH UN EDC TO WORK WITH YOU. GREAT, GREAT. I I'D LIKE TO SEE THAT I REALLY WOULD ENJOY A GREATER LEVEL OF PROMOTION IN SOME BENITO AND WORKING TOGETHER BECAUSE THAT'S THE ONLY WAY WE'RE GOING TO BUILD THIS CITY. THANK YOU. COULD YOU, COULD YOU TOUCH BASE ON SOME OF THE EVENTS, SOME OF THE EVENTS THAT YOU'VE HAD, I GUESS IN THE PAST MEMBERSHIP, I KNOW THE PANDEMIC PUT ON DAPA OR SOME OF THAT, BUT I DO REMEMBER, WAS IT, YOU GUYS HOSTED MEET THE CANDIDATES? YES, WE DO, UH, VARIOUS EVENTS THROUGHOUT THE YEAR. OUR BIGGEST EVENTS BEING THE GOLF TOURNAMENT, THE BIKE WHERE WE JUST HAD, OR CASINO NIGHT AND IN THE FUTURE OR A BANQUET WHERE WE DO PARTNER UP WITH THE CITY AND IN YOUR MEMBERSHIP, IT INCLUDES A SPONSORSHIP, A GOLD SPONSORSHIP, UM, FOR THE GOLF TOURNAMENT. UH, IT'S THE BIRDIE SPONSOR. AND NEVERTHELESS, WE DO INCLUDE THE CDS LOGO AND, UM, IN EVERY SINGLE EVENT AND IT'S ON OUR DECOYS IN, OR IN OUR OFFICES, BECAUSE WE WANT TO SEEM AS THE CHAMBER IS PARTNERING UP WITH THE CITY AND WE'RE TOGETHER AS ONE. SO, UM, WE DO HAVE THOSE EVENTS AND THEN WE DO HOST OR MIXERS OR LUNCH AND LEARNS, UM, OR COFFEE WITH THE CHAMBER, WHICH WE BELIEVE, UH, WE'VE HAD IN THE PAST WITH YOU, UM, AS WELL AS MEET THE CANDIDATES. DO YOU THINK MAYBE AT SOME OF THOSE EVENTS, UM, WE CAN BE INVITED AS A, AS A, NOT AS AN ADDITIONAL COST, BUT AS A, LIKE, AS A FREE, LIKE A FREE INVITE, BECAUSE WE ALREADY, THEY'RE ALWAYS INVITED TO ANY AND ALL OUR EVENTS AND ARE WELCOME AT ANY TIME. UM, THE QUESTION THAT I HAVE IS CAN YOU, CAN YOU, AT A LATER DATE, TELL US HOW MANY PARTICIPANTS YOU HAVE OF ALL THE BUSINESSES THAT ARE INVOLVED WITH THE CHAMBERS. CAN YOU REPEAT THAT? IF YOU CAN PROVIDE US THE, UH, MEMBERSHIP OF EVERYBODY, ALL THE BUSINESSES THAT ARE INVOLVED WITH THE CHAMBER OF COMMERCE, WE CAN, YOU CAN GET, I'M SURE YOU HAVE A DIRECTORY, RIGHT? YES. OKAY. AND THE QUESTIONS, DO I HAVE MOTION AND MOTION TO CONTINUE THE, UH, THE 10,000 [00:15:01] CHECK-IN OKAY. I GOT TO BUY THE MIRROR POLL TEAM MOTIONING TO CONTINUE WITH THE PLATINUM AND, UM, SECOND BY COMMISSIONER GALVAN, ALL IN FAVOR, ANY NAYS MOTION PASSES. THANK YOU. OKAY. I REMEMBER CONSIDERATION [8. Consideration and possible action to approve First Born Productions as the music production company to provide services for the 2022 Hog Waddle Festival.] POSSIBLE ACTION TO APPROVE FIRSTBORN, UH, PRODUCTION AS A MUSICAL PRODUCTION COMPANY TO PROVIDE SERVICE FOR THE 2022 HOG WADDLE FESTIVAL AND, UH, MR. MARTIN SIGNS, UH, PRESENTED THIS CENTER. GOOD AFTERNOON FOR THE RECORD. MARTINE SIGNS, EXECUTIVE ASSISTANTS, THE CITY MANAGER, MAYOR COMMISSIONERS, BEFORE YOU IS A PROPOSAL BY FIRSTBORN PRODUCTIONS, PROVIDE SOUND, STAGE LIGHTS AND BACKLINE FOR THE 2022 HOGWASH CONCERT. FIRSTBORN IS A COMPANY OUT OF LOS FRESNOS THAT PROVIDES SOUND LIGHT AND STAGE SERVICES FOR SOME OF THE BIGGEST ACTS IN THE UNITED STATES. THEY HAVE THE EXPERTISE, EQUIPMENT, AND TRACK RECORD TO MAKE OUR EVENT A SUCCESS STAFF RECOMMENDS APPROVAL. I AM AVAILABLE FOR ANY QUESTIONS. UH, MR. SIGNS, I SEE THAT THE QUOTE, SIMILAR TO THE OTHER ORGANIZATION THAT I PUT IN A PROPOSAL, BUT WHAT COULD YOU EXPLAIN THE DIFFERENCE BETWEEN THE TWO I READ A LITTLE BIT ABOUT IS A MALE HEART MUSIC CENTER, JUST A STORE THAT WE KIND OF LEASE THE STUFF FROM THEM. AND, AND FIRSTBORN IS ACTUALLY A COMPANY THAT ACTUALLY PUTS ON THESE PERFORMANCES, RIGHT? THE FIRSTBORN PRODUCTION. THAT'S EXACTLY WHAT THEY DO. THEY PUT UP, UH, RIGHT NOW THEY ARE ACTUALLY AT THE STAPLE CENTER IN CALIFORNIA, MADISON SQUARE GARDEN, UM, AND DISNEY AT THE MOMENT, HOLDING THREE DIFFERENT CONCERTS THERE ALSO WITHIN ABOUT 10 MINUTES AWAY, THEY'RE OUT OF LOS FRESNOS. SO THEY HAVE QUICK ACCESS TO THEIR WAREHOUSE IN CASE THEY NEED ANY EQUIPMENT. THAT'S THE REASON THAT WE'RE GOING SO DID Y'ALL ADVERTISE, DID Y'ALL PUT IT IN A NEWSPAPER OR ANYTHING LIKE THAT? NO MARRIAGE IS NOT REQUIRED. AND THESE ARE THOSE TYPES OF SERVICES. THAT'S VERY LIMITED. SO I THINK THERE'S ONLY LIKE TWO IN THE RGV, SO THAT'S WHY WE DO THAT. THAT'S WHAT I WAS GOING TO ASK YOU. I WAS JUST WANTING TO MAKE SURE THAT, UH, SOMEBODY NIETO IS ALEXA. IF IT WOULD HAVE BEEN A THIRD ONE IN THIS AREA, WE W WE WOULD HAVE GONE FOR THREE IN ACCORDANCE WITH OUR PROCUREMENT POLICY. THERE IS NO THIRD ONE IN THE RGV. OKAY. OKAY. MOTION TO APPROVE. OKAY. I'VE GOT A MOTION BY COMMISSIONER. WE GOT FRANCO SECOND, SECOND BY COMING. SURE. WELL, I CAN MAKE SURE THAT OUR CEO ALL IN FAVOR, ANY NAYS MOTION PASSES. THANK YOU. I REMEMBER [9. Consideration and possible action to approve payment to Hanson Professional Services Inc., pertaining to El Camino Number 2 Lift Station located at 1 Camino Boulevard and 777 West Business 77 for Task Order 2 in the total amount of $14,380.00.] NINE CONSIDERATION POSSIBLE ACTION TO APPROVE, UH, THE PAYMENT FOR HANSON PROFESSIONAL SERVICING OR POTENTIALLY EL CAMINO. NUMBER TWO, THIS STATION LOCATED AT ONE COMING NEW CAMINO BOULEVARD AT 7 77 WEST OF BUSINESS, 7 7 4 A TASK ORDER. SECOND IN THE TOTAL AMOUNT OF $14,380. AND MR. DAVID ROSCOE PERCENTAGE. SO, UH, GOOD EVENING, MAYOR, MAYOR PRO TEM COMMISSIONERS FOR THE RECORD, DAVID BOSTON'S PUBLIC WORKS DIRECTOR. UH, BEFORE YOU HAVE THE EL CAMINO NUMBER TWO PROJECT, UH, CURRENTLY, UH, FOR, UH, FOR THE NAME TASKS THAT HAVE BEEN COMPLETED ALSO FOR THE PROFESSIONAL SERVICE THAT WE'RE THROUGH FEBRUARY 26, UH, 2022 AND INVOICED ON MARCH 19TH, 2022, AND STAFF RECOMMENDS APPROVAL OF THIS, THIS TASK AND THE AMOUNT OF $14,380 AND 0 CENTS. AMERICAN MENTIONED THIS, UH, THE EL CAMINO LIFT STATION STILL ON BEHIND THE DOLLAR CARWASH AND SONIC IT'S ALREADY BEEN CONTRACTED OUT. SO HANSON IS JUST CATCHING UP ON THEIR INVOICING WITH US BECAUSE THIS WORK HAS BEEN DONE. PARDON ME? IS THIS THE LAST PAYMENT OR NO, WE STILL, NOW WE'RE GOING TO GET INTO THE CONSTRUCTION PART OF IT AS FAR AS, AS THIS PART. SO THE NEXT, AS WE START, LIKE THE CITY MANAGER JUST MENTIONED WE'RE IN THE CONTRACT SIGNING. AND SO ONCE THAT GETS GOING, THEN WE'LL START THE CONTRACT. WE'LL GET THE PROJECT MANAGEMENT INVOICING. THAT'S CORRECT. UH, HAVE WE SEEN THE, UH, THE LAYOUTS AND EVERYTHING? WHAT THEY HAVE MONEY? I MEAN, AS FAR AS WHAT WE, WE EXPLAINED WHAT WE WANT OR WHAT WE NEED IN THERE, WE'VE ALL SEEN IT. YES, SIR. OKAY. SO EVERYTHING HAS BEEN APPROVED FOR, I RECALL I SENT Y'ALL THE, UH, I PERSONALLY SENT IT TO Y'ALL ALREADY, AND THAT WAS SOMETIME IN MID MARCH. SO IT'S ABOUT A MONTH AGO, UM, BETWEEN EARLY MARCH AND IN MID MARCH. SO ALSO YOU, UH, MARCH 15TH, WE ISSUED THE NOTICE TO PROCEED THAT 15 DAYS TO GET US THE CONTRACT DOCUMENTS. THOSE WERE PRESENTED TO YOU, MARY RECENTLY, UH, MR. SAUCY, HE WILL FINISH HIS REVIEW AND, AND BILL LYNN, AND THAT'LL BE THE LAST TWO SIGNATURES MR. SAUCY PREPARED, OR AT LEAST REVIEW THE FRONT END, DOCUMENTS [00:20:01] OUR HANDS AND ENGINEERING, PUT THE SPECIFICATIONS TOGETHER BASED ON THE CONSTRUCTION PLANTS TO, SO W REMEMBER, IT'S ALREADY BEEN AWARDED TO A CONTRACTOR. SO NOW WE'RE JUST GETTING ALL THE PAPERWORK READY, SIGNED OFF. SO EVERYBODY KNOWS WHAT, WHAT THEY'RE REQUIRED TO DO. WHEN DOES IT START? UH, IT'LL BE, IT'LL BE VERY QUICKLY. OKAY. YEAH. SO, UH, COMPARED TO EVERYTHING ELSE THAT WE HAVE, WE'RE MOVING ALONG. YES, SIR. UH, IN A CRUNCH WITH THE LITTLE LIFT STATIONS. YEAH. WE'RE, WE'RE RESOLVING, UH, THE CITY, THE PUBLIC WORKS YARD LIFT STATION. UH, THE OTHERS ARE FAIRLY MINOR, SO INCLUDING THE ONE OFF ALAMEDA OR COLORADO STREET, WHAT WE REFER TO AS ALAMEDA, THAT'S COMING TO A GOOD RESOLUTION. GOOD. SO WE'LL BE DISCUSSING THAT IN THE NEAR FUTURE, IF I'M UNDERSTANDING CORRECTLY, THE ENGINEERING DESIGN IS PART OF THE PORTION THAT WE'RE PAYING AND THEN, UM, UH, UH, PERMITTING AND COORDINATION, RIGHT? THAT'S THE TASK THAT'S CORRECT. OKAY. IT'S, IT'S JUST HARD TO UNDERSTAND EVERY TIME THAT THEY COME FOR APPROVAL FOR PAYMENT, IT NEEDS TO BE MORE CLEAR AS IF LIKE PAYMENT, ONE OF SIX PAYMENT, TWO OF SIX, BECAUSE I JUST SEE CONTINUOUSLY EVERY MEETING SEE PAYMENT, PAYMENT PAYMENT. SO WHEN WAS THE STOPPING POINT, AND I CAN SEE THE BALANCE HERE, BUT I WOULD HOPE THAT IF WE CAN MAKE IT MORE CLEAR, LIKE PAYMENT THREE OF FOUR OR TWO OR FOUR OF ENGINEERING DESIGN COMPLETE, IS THAT POSSIBLE? CAUSE I JUST KEEP SEEING PAYMENT PAYMENT, PAYMENT PAYMENT THAT IS POSSIBLE. BUT ALSO LIKE YOU JUST MENTIONED COMMISSIONER, IT DOES, THEY DO GIVE A RUNNING TOTAL AND GIVES YOU A PERCENTAGE, UH, IN LIKE AN EXAMPLE, IT GIVES YOU THE TASK, WHETHER IT'S 50%, A HUNDRED PERCENT AND THEY GIVE YOU THE ON TO THE, EXCUSE ME, TO THE RIGHT OF IT, OR THE ADD ON THAT. SO THAT'S KIND OF THE RENTAL TOTAL RIGHT THERE. ALL RIGHT. YEAH. I COULD SEE THAT THIS IS WHEN YOU JUST READ THE, I AM NOT USING SPREADSHEETS, THEY'RE USING A TEMPLATE SOFTWARE, THEY PLUG IT IN. SO TO CHANGE IT, I MEAN, I'M SURE THAT IF THEY CAN INVOICE YOU TO CHANGE THEIR ADJUST SPREADSHEET, BUT THIS IS, THIS IS SOFTWARE THAT THEY'RE USING. SO THEY'VE BROKEN IT DOWN BY, BY BOXES. SO YOU'LL SEE TOTAL FEET, 10,000, A HUNDRED PERCENT COMPLETE. AND THAT'S THE VERY FIRST, IF WE COULD GET TO THE TOP SUBSURFACE EXPLORATION, TOTAL FEE WAS 8,000 FOR THAT A HUNDRED PERCENT COMPLETE SIZED, YOU'RE GOING DOWN. YOU'RE SEEING WHAT THAT RUNNING TOTAL IS, WHAT THE TOTAL FEE WAS AND WHAT YOU'VE PAID THEM. SO IT'S THERE, YOU JUST GOT IT. THEY BREAK IT DOWN FOR YOU. I SEE. I SEE THAT. IT'S JUST HARD TO WHEN I TRIED TO GO BACK AND I LOOK AT JUST THE LINE ITEM ON THE AGENDA ITEM, IT DOESN'T MAKE SENSE OF WHAT'S BEING BUILT. WOULD YOU BE ABLE TO ASK THEM TO SWITCH OVER TO EXCEL INSTEAD? OR WE CAN ASK SOMETIMES YOU CAN IMPORTANT. YOU KNOW, THAT WAS MY FIRST CONCERN. THAT'S MY MEETING. HE SAID, IS THERE STILL A BALANCE IS WHAT'S GOING ON BECAUSE, AND I JUST DON'T WANT TO, BECAUSE HANSON IS A NATIONWIDE COMPANY. THEY'RE NOT JUST IN TEXAS, THEY'RE NOT JUST IN BRONZEVILLE. SO THEY'RE USING A TEMPLATE. THAT'S FAIRLY, WE'RE USED TO SEEING THESE AND THAT'S WHERE I'M GOING TO IT MAY OR MAY NOT BE, I DON'T KNOW, ON THAT. WELL, I GUESS THEY DON'T HAVE TO CHANGE IT, BUT THEN A BETTER EXPLANATION. I MEAN, I'M JUST SAYING, BECAUSE WE'RE GOING TO PROVE SOMETHING AND WE NEED TO KNOW EXACTLY IS IT LIKE COMMISSIONER GALVAN SAYS, IS THIS, UH, UH, THREE OF FOUR, THREE OF FIVE, THREE OF SIX, OR, YOU KNOW, UH, THAT WE CAN GET A BETTER BREAKDOWN TOTAL AT THE VERY TOP. IT SAYS, WORK ORDER NUMBER TWO. SO MAYBE THEY CAN ADD ON. AND THEN AS, ALSO AS I'M THINKING ABOUT THE SOFTWARE THAT WE'RE IMPROVING, AND I THINK WE WERE LOOKING AT SOME TYPE OF CAPITAL IMPROVEMENT SOFTWARE AND NOT, AND WE WOULD HAVE OUR OWN RUNNING TOTALS, WHAT'S AWARDED WHERE WE'RE AT PEAK FOR THESE PROJECTS. SO EVEN, EVEN AS A CITY, WE'RE LOOKING TO IMPROVE OUR BUDGET MANAGEMENT SOFTWARE, RIGHT. BECAUSE WE CAN USE IT ACROSS, UH, ALL, ALL THE VARIOUS, UH, CITY DEPARTMENTS AND DIVISIONS. RIGHT. AND I SEE IT ON YOUR AGENDA WORK LIKE COMMISSIONER. UH, WE HAVE UNCLE SAID WORK ORDER TO FROM HENSON, THE AMOUNT OF $14,380, WHICH IS WHAT WE'RE HERE TODAY FOR. AND THAT'S WHAT I'M TALKING ABOUT. OKAY. WELL THEN, AND RATHER THAN ASKING THEM TO CHANGE ANYTHING, HOW ABOUT IF YOU, UH, ON THE EXHIBIT THEN GO AHEAD AND PUT ON THERE. THIS IS A WORK ORDER, NUMBER TWO OF A 3, 4, 5, OR WHATEVER IT'S STILL REMAINING. YEAH, THE, YEAH, WE WON'T HAVE FINAL BECAUSE REMEMBER WE'RE PROJECT MANAGEMENT, THEY GOT A MASTER SERVICE AGREEMENT THAT EVERY PROJECT OR INTERVIEW INVOICE, SO YOU WILL NOT GET, IF WE'RE IN THE LAST TWO PHASES, THE BIDDING PHASING IS ONE AND THEN THE LAST ONE IS CONSTRUCTION MANAGEMENT. SO THERE WERE CERTAIN PHASES. SO AS LONG AS THERE'S NO CHANGE ORDERS, IT WON'T CHANGE. IT'S, IT'S A RUNNING TOTAL FOR US. SO WE WILL DO OUR BEST COMMISSIONER. I'M SURE I'VE BEEN LENS IN THE ROOM. I WILL HAVE HER DEVELOP SOMETHING FOR US. SO JUST LOOKING AT, UM, LET ME JUST MAKE SURE I'M READING THIS CORRECTLY [00:25:01] ON THE PERMITTING AND COORDINATION. YOU HAVE THAT YES. OKAY. IT SAYS A TOTAL EARN 3000, UM, AND THEN PREVIOUS FEE BILLING, A THOUSAND CURRENCY BILLING, 2000, THEY'RE CHARGING US 2000 OUT OF 4,000. IS THAT, AM I READING THAT CORRECTLY? THEY'RE CHARGING US 3000. WELL, WE'VE ALREADY PAID A THOUSAND OR IT'S AN ADDITIONAL 2000. YES. SO YEAH, THE NEXT PAGE, THAT'S CORRECT. WE'RE CHARGING 2000 AND THAT PERMITTING IS FOR THE TECHSTOP RIGHT AWAY, BECAUSE WE'RE, THIS IS THE PROJECT, THAT'S ALL THE ON BUSINESS, 77 THAT'S AND THAT'S PART OF THE TCQ NOTIFICATION PERMIT. SO THERE'S OTHER THINGS THAT ARE, IT'S NOT AN INTERNAL PERMIT. SO SAY THERE'S A BALANCE OF A THOUSAND THAT'S GOOD PHASE SERVICE AND CONSTRUCTION MANAGEMENT. THAT'S THE ONLY BALANCE. THAT'D BE A TOTAL OF 2000 AND STILL THE BIT OF THE BID PHASE SERVICES, THEY HAVE PROVIDED THE DOCUMENTS FOR SIGNATURE AND REVIEW RIGHT NOW, BUT THEY HAVEN'T INVOICED US YET. WHAT SAYS TOTAL FEE OF 12,200 THERE, BUT THE PERCENT COMPLETE IS ZERO. ZERO. YEAH. BUT THAT, THAT IS STILL THE TOTAL BALANCE. THAT'S CORRECT. SO WE HAVEN'T. SO WE, THE BALANCE WOULD BE A THOUSAND PLUS THIS 12,200 PLUS 42,500. THAT'S CORRECT. AND THEN ON THE VERY BOTTOM, THERE'S AN OUTSTANDING INVOICE OF 37,000. IT'S BEEN SUBMITTED FOR PAYMENT AND IT HAS BEEN DELIVERED. OKAY. THAT'S WHY I'M GETTING CONFUSED. THERE'S A LOT OF OUTSTANDING BALANCES. THE PROJECT IS MOVING FORWARD IN IT. YES. SO THERE'S INVOICES COMING IN BACK AND FORTH. SO WE STILL HAVE A OUTSTANDING BAND. NO, THAT'S 37. NO, NO, NO. THE DELIVERY, IT'S AN OUTSTANDING BALANCE FROM ABOUT $45,000. THE ONLY OUTSTANDING WE HAVE RIGHT NOW IS AT 37, 1 40 BASED ON THAT INVOICE, BUT THAT HAS BEEN PAID AND DELIVERED. SO WHEN THEY INVOICED US, IT STILL HADN'T BEEN RECEIVED, BUT IT HAS BEEN DELIVERED. OKAY. WHAT, I'M, WHAT I'M SAYING, WHAT I'M SAYING IS THE BIDDING PHASE AND CONSTRUCTION MANAGEMENT HASN'T STARTED, BUT THAT IS STILL YET TO BE PAID. THE BIDDING PHASE HAS ALREADY BEEN COMPLETED BECAUSE HE'S ALREADY SIGNED THE CONTRACTS. YOU JUST HAVEN'T BEEN BUILT. THAT'LL BE THE NEXT INVOICE TO CONSTRUCTION MANAGEMENT PHASE. AS SOON AS IT GETS AWARDED AND THEY START WORKING, THE CONTRACTOR STARTS WORKING THEN, UH, HANSON WILL START DOING THEIR CONSTRUCTION MANAGEMENT. IN OTHER WORDS, THEY'LL DO SOME PERIODIC, UH, SITE INSPECTIONS. THEY'LL LOOK AT TEST REPORTS AND THEY'LL GIVE US ALL OF THAT STUFF. SO, AND THEY'LL GIVE US A, EITHER A BI-WEEKLY OR MONTHLY REPORT OF, OF WHAT THEY'RE SEEING ON SITE, BUT IT'S A BALANCE OF 42, 5 THAT'S YET TO BE BILLED. YES. IT'S STILL OWED TO THEM. YES. AND THERE'S SOME, I THINK ON THE CONTRACTOR LEVEL OF VARIABILITY THAT THEY CAN ACHIEVE IT. I FORGOT WHAT IT WAS 15 TO 20% BASED ON COSTS. YES, SIR. RIGHT? YEAH. THERE'S ALWAYS CONTINGENCY, ESPECIALLY CONSTRUCTION. YOU DON'T KNOW WHAT'S IN THE GROUND. SOMETHING GETS BROKEN, SOMETHING'S GET MISSED. SOMETHING GETS COMES ACROSS. SO, UH, THEN THAT CONSTRUCTION MANAGEMENT HAS NOW CHANGED AND THEIR SCOPE MIGHT'VE CHANGED A LITTLE BIT. IT MEANS THEY MAY HAVE TO REDESIGN SOME THINGS. FIELD ENGINEERED, WHATEVER HAPPENS, HAPPENS IN AND TO KEEP THE PROJECT GOING. THAT'S WHY THERE'S A GENERALLY A CONTINGENCY AMOUNT TO WHAT I WOULD, WHAT I WOULD ASK TOO, IS, IS THERE ANY WAY THAT THEY CAN SUBMIT PICTURES JUST SO WE CAN KIND OF SEE THE PROGRESS? DO THEY DO THAT? THEY DO THAT AT THE END, NOT DURING THE PROCESS BECAUSE, UH, BECAUSE THEY DOCUMENT EVERYTHING BECAUSE REMEMBER THEY'RE ON THE HOOK FOR, WHAT'S GONE INTO THAT. THEY SEE IT. AND THE CONTRACTOR IS SO IT'S LIKE, UM, IF I WAS GOING TO OPEN UP MY WALLS AT HOME AND I DIDN'T GET A PERMIT, BUT I SHOWED YOU PICTURES OF WHAT HAPPENED, THAT WOULD BE BENEFICIAL TO GO TO ENFORCEMENT. RIGHT. SO I'M SURE THERE'S SOME TYPE OF PICTURES THAT THEY TAKE ALONG THE WAY. BECAUSE IF, IF THEY, MR. VASQUEZ SAYS, NOPE, THAT'S WRONG. YOU GOT TO GO BACK. WE'LL HAVE THESE PHOTOS, UM, WILL THIS BE SUFFICIENT? SO I WOULD JUST, I, I S WE APPROVE THESE BIG PROJECTS AND THERE WERE ABOUT TO APPROVE ANOTHER ONE AT, I THINK, ROSE, BUT I WANT TO SEE PICTURES ON TO SEE WHAT ARE THEY DOING? HOW ARE THEY DOING IT? WHAT DOES IT LOOK LIKE? UM, THEY'RE, THEY'RE ADDING A POXY OR CEMENTITIOUS TO SOME OTHER MANHOLE. I WANT TO JUST SEE PICTURES. IS THAT POSSIBLE? SO, SO YOU'RE ASKING, SO LET ME UNDERSTAND THIS. THEN THE MAYOR COMMISSIONERS ARE REQUESTING STAFF. TAKE TIME TO SEND YOU PHOTOS ON EVERY PROJECT. NO WE'RE PAYING ENGINEERS. THEN I NEED TO UNDERSTAND WHAT THE PARAMETERS ARE. SO, BECAUSE ENGINEERS, NO, NO, NO. THAT'S WHY WE HIRE PROFESSIONALS TO BE OUT THERE AND STAFF. SO WHO ARE THE PROFESSIONALS? I'M JUST REFERRING TO THE BILLING. THAT'S KNOW WHAT HE'S TALKING ABOUT. SO I'VE GOT ONE REQUEST FROM ONE ELECTED OFFICIAL. I WANT TO MAKE SURE THAT BEFORE WE SPEND TIME ENOUGH, AND WE'RE ASKING THESE PROJECT MANAGERS TO SEND US PHOTOS, THEN WE GOT TO TRY TO BREAK THEM DOWN BECAUSE THEY, THEY DO IT FOR DOCUMENTATION PURPOSES, MIRROR, COMMISSIONERS. THEY DON'T DO IT AS PART OF THE DAILY INSPECTIONS. AND WE DON'T SEE THEM AT THE, UNTIL THE END, BECAUSE THAT'S HOW WE CLOSED. THAT'S HOW THEY CLOSE OUT A FILE. THAT'S BECOMES PART OF THE RECORDS IS NOT SOMETHING WE SEE IN, UNLESS THERE'S A PROBLEM. THEY GO, A DIRECTOR OF PUBLIC WORKS. WE GOT A PROBLEM [00:30:01] HERE. AND THEN HE GOES, HEY, YOU CITY MANAGER, I NEED YOU TO COME LOOK AT THIS BECAUSE WE'RE ABOUT TO START HITTING THE CONTINGENCIES. EVERYTHING IS JUST ACCORDING TO PLAN UNTIL SOMETHING CHANGES. YEAH. SO, OKAY. SO WHERE'S, WHERE'S OUR, OUR OVERSIGHT, WHO IS OUR OVERSIGHT, HANSON ENGINEERING. YOU HAVE A CONTRACT WITH THEM. WE BUY THEM FOR IT, BUT WHO, WHO IS THERE? OVERSIGHT OUR STAFF, UH, COMMISSIONER. THEY'RE THE ONES THAT CERTIFIED PAYMENT REQUESTS AND STUFF LIKE THAT. SO THEY ARE IT. IN OTHER WORDS, IF YOU DON'T TRUST THEM, THEN YOU WANT, YOU WANT AN OVERSIGHT, A STAFFORD TO BE OVERSIGHT OVER THEM WHILE THEY'RE DOING WELL. FOR EXAMPLE, I HAD, YOU KNOW, ONE INDIVID CITIZEN, THEY, THEY HAD TO, THEY WANTED TO BUILD A CARPORT AND THEY NEEDED SOME BIG OLD PILLARS THAT WENT ALL THE WAY DOWN INTO THE CARPORT TO HOLD THE FRAME THROUGH THE ENGINEER, SIGNED IT OFF, AND THEN CODE HAS TO COME AND INSPECT IT. NOW, WHEN YOU'RE CODING TO GO HAVE AN ENGINEER'S ALREADY GIVEN YOU A FORM. IT'S THE SAME THING HERE. WELL, NO, NO. IT'S APPLES AND ORANGES BECAUSE WE WILL TAKE OUR, OUR INSPECTORS ON STAFF ARE NOT ENGINEERS. WE DO SEND ENGINEERS ON STAFF TO LOOK AT CERTAIN THINGS. SO WHEN WE HAVE, FOR EXAMPLE, A WINDSTORM INSPECTION, WE GET A EITHER, UH, WE GET THE, THE, THERE IS A CERTIFICATION THAT'S FILE. AND HERE'S WHAT WE DO. WE GET CERTIFICATION THAT'S FILED, IT'S GOT A NAME AND A SEAL. SOMETIMES WE'LL VERIFY WE'VE ACTUALLY GOTTEN SOME, WOULD YOU BELIEVE IT THAT THEY'RE NOT ENGINEERS IN THEIR DISCIPLINE? IT'D BE LIKE HAVING YOUR PRODUCTORS LOOK AT YOUR HEART MAYER. RIGHT? ENGINEER HAS SUSTAINED THE SPACE. LIKE JUST LIKE A DOCTOR. WE GET THOSE KIND OF COMMISSIONER AND WE DO SPOT CHECKS. BUT IF NOT, WE TAKE IT AT FACE VALUE. IT'S SIGNED SEAL. WE FILE IT AND WE'VE MET THE REQUIREMENTS. SO WE DO LOOK, WE DO TAKE, FOR EXAMPLE, IF THERE'S A HOUSING YOU PUT PIERS AND THE ENGINEER SAYS, HEY, I'VE CERTIFIED. I'VE LOOKED AT IT. GOOD SCIENCE. HE'LL GIVE US A CERTIFICATION. WE'LL PUT IT IN THE FILE. SO WE DO, BUT WE DON'T LET A HOMEOWNER GOES, NO, I PUT IT IN SIX FEET DOWN AND I POUR THIS MUCH CONCRETE. UH, YOU'RE NOT CERTIFIED IN TWO. YEAH. WE DIDN'T SEE IT. IF ANYTHING, THAT WE'RE GOING TO HAVE SOMEBODY AT LEAST WITH MUCH MORE TECHNICAL SKILLS TO LOOK AT IT. OKAY. UH, IF WE, IF WE CAN'T DO THE, PICTURE'S FINE, IF IT'S TOO MUCH WORK, BUT WOULD YOU MIND IF I GO ONSITE AND JUST MAKE A THROUGH WITH YOU ON, I DON'T HAVE, I JUST HAVE QUESTIONS. IT HELPS ME, UM, RE YOU KNOW, CORRELATE WHAT I'M LOOKING AT, WHAT I'M PAYING FOR THIS. YOU SET A PROXY. I SEE NO EPOXY, YOU KNOW, THINGS LIKE THAT. SO I'M APPROVING THESE THINGS, BUT I CAN'T EVEN SEE WHAT I'M APPROVING. CONNECT CAN AT LEAST MAKE A WALK ON SITE. I'M NOT GOING TO TOUCH ANYTHING. I'M NOT GOING TO FIND IT. YOU CAN COORDINATE ANYTHING YOU'D LIKE TO MY OFFICE, AND I'LL MAKE SURE THAT SOMEBODY IS AVAILABLE FOR YOU. I JUST, I JUST WANT TO SEE, IT JUST HELPS ME BE ABLE TO CORRELATE BETTER COMMISSION. WE DON'T MIND TRYING TO HELP YOU EDUCATE YOU THROUGH THIS PROCESS. I MEAN, I KNOW IT'S A, IT'S A COMPLETELY DIFFERENT FIELD THAN WHAT MOST OF YOU ARE ACCUSTOMED TO, BUT THAT'S WHY YOU PAY PROFESSIONALS LIKE US. AND THIS ONE THAT I'M NOT QUALIFIED TO GO INSPECT AND GIVE YOU THE, OKAY. SO I INTERRUPTED YOU AND YOU JUST WANT TO SEND THE VERSUS STAFF TO ENSURE THAT THIS IS GETTING DONE PROPERLY. AND OF COURSE, THAT IS GETTING DONE TO OUR SATISFACTION, BUT THEY JUST SAID OUR STAFF DOESN'T SEE IT. THAT'S WHY WE HIRED HANSON COMMISSIONER. WE ARE NOT IN ABOUT, IT'S NOT SOMETHING THAT WE DO ON A DAY-TO-DAY. THAT'S FINE. I DON'T WANT TO ARGUE THIS POINT. I JUST WANT TO SEE THAT'S IT. I JUST WANT TO SEE, IT'S NOT A BIG DEAL BE IT'S A BIG DEAL THAT I CAN'T SEE THEN SOMETHING'S WRONG. RIGHT. OKAY. OKAY. SO YOU HAVE, UH, ALREADY HAVE A MOTION BY COMMISSIONER GARCIA, A SECOND TO APPROVE THIS, UH, $14,380. EXCUSE ME. NO. AS THE FIRST WAS A COMMISSIONER GARCIA. SECOND IS BY MARY PAUL, TIM. OKAY. ALL IN FAVOR. ANY NAYS MOTION PASSES. OKAY. YOU HAD THEM WRITTEN CONSIDERATION [10. Consideration and possible action to approve payment to Southern Trenchless Solutions, LLC, for rehabilitation work to the Rose Lift Station pertaining to Payment Request 2 in the amount of $91,000.00 and Payment Request 3 in the amount of $90,068.00 for a grand total amount due of $181,068.00.] POSSIBLE ACTION TO APPROVE PAYMENTS FOR SOUTHERN TRISHA'S TRENCHLESS, UH, SOLUTIONS, LLC, FOR REHABILITATION WORK FOR THE ROAST LIFT STATION PERTAINING TO PAYMENT REQUEST TWO IN THE AMOUNT OF 91,000 IN PAYMENT, REQUEST THREE IN THE AMOUNT OF 90,000, $60 FOR A GRAND TOTAL OF $181,060. AND MR. DAVID BOSKET PRESENTED CENTER AGENDA ITEM NUMBER 10, UH, THE ROSE LIFT STATION PROJECT, THE ROADS LISTED A STATION IS PART OF THE, WHAT WAS CONSIDERED THE SANITARY SEWER OVERFLOW INITIATIVE. THE SSI AGREEMENT WITH THE TCEQ, THE PROJECT IS COMPLETE. AND BEFORE HE IS REQUEST FOR PAYMENT STAFF RECOMMENDS APPROVAL. SO THE WHOLE LIFT STATION IS COMPLETE THE WHOLE WORK, ALL THE WORKERS. THEN THE WORK THAT THAT WAS, THAT WAS CONTRACTED OUT IS COMPLETE COUNTRY. SO IT'S UP AND GOING. IT IS UP AND GOING. YES, SIR. YES. NOW I'M SURE THERE'S SOME HOUSEKEEPING. THERE'S SOME FENCING, SOME SIGNAGE AND THOSE THINGS. SO WHEN WE SAY THE CONTRACT, THAT AMOUNT WAS, AND IT'S, YOU HAVE TO SEE THERE'S TWO PAY REQUESTS PER REQUEST, NUMBER TWO. AND NUMBER THREE, ON THE RIGHT-HAND SIDE, YOU SEE [00:35:01] CONTRACTORS GOT, THAT HAS BEEN NOTARIZED. THAT IS THE, UH, THE ENGINEERS REPRESENTATIVE THAT ACTUALLY SAW IT. AND IT WAS ACTUALLY A LARGE ORTIZ THAT CAME OUT AND LOOKED AT THESE, A PROJECT MANAGER. SO IN OTHER COMPANIES, THE PROJECT MANAGER, THEY HAVE AN ENGINEER ON STAFF. HE COMES OUT, LOOKS AT IT. THEN HE CERTIFIES AS THE ENGINEER FOR THE CITY FOR PROJECT MANAGEMENT THAT THIS CONTRACTOR THAT'S ALSO BEEN CONTRACTED, BUT HE'S THE OVERSEER HE'S OUR EYES IS MAKE SURE THAT THIS HAS BEEN COMPLETED. SO W WHAT WAS THE TOTAL AMOUNT OF THE WORK THAT WAS DONE THERE? $181,068. THAT'S THE TOTAL FOR THE TWO INVOICES. OKAY. BUT FOR THE WHOLE WORK, UH, I THINK IT'S ON HERE. IS IT THE 200 2230 7,000 PLUS WITH THE COMMISSION HAS APPROVED THE LAST TIME FOR THE WET, WELL, UH, REHAB OF THE 83. YEAH. YOU'LL SEE IT THERE AT THE VERY TOP ORIGINAL CONTRACT AMOUNT, 237, $620. GET A CHANGE ORDER IN THE AMOUNT OF $83,268, TWO GRAND TOTAL, THERE WAS 320,000. SO AGAIN, THIS IS A TEMPLATE. THIS IS USED BY THERE, YOU KNOW, AGAIN, THIS TIME FOR PAY REQUESTS BY ENGINEERS COMMISSIONERS. YEAH. SO AGAIN, UM, YOU MENTIONED THAT THERE WAS A PROJECT MANAGER THAT REVIEWED THIS ON BEHALF OF THE CITY. YES, SIR. AND HIS NAME, YOU SEE IT THERE ON THE, IS HILARIA ORTIZ. IT'S THIS CONSTRUCTION MANAGER. WE'RE ENGINEER OF RECORD. HE'S THE ONE THAT SIGNS OFF ON THEIR WORK? YES, SIR. OKAY. AND WHAT DID WE PAY HIM? HE BUILDS A SEPARATELY THROUGH CONSTRUCTION MANAGEMENT. IT'S, UH, I DON'T RECALL WHAT THE AMOUNT IS. SO WE HAVE OUR ON TASK. IT WOULD BE LIKE THIS WHEN HE COMES OUT, HE SATISFIES IT. SO HE'S NOT THERE EVERY DAY. SO A LOT OF IT IS, UH, EITHER THAT WILL HAVE TO COME THROUGH THE COMMISSION TO FOR APPROVAL. NO, SIR. OH, I THOUGHT THAT WAS PART OF THE, UH, NO, NO, NOT ALL. REMEMBER IT, IF THEY HAVE TASK ORDERS AND IT'S VERY SPECIFIC TASKS AND IT'S LESS THAN 10,000, IT NEVER REACHES YOUR DICE. SO HE GOT PAID LESS THAN 10,000. THAT'S GOOD. OKAY. THANKS. OKAY. ANY OTHER QUESTIONS? DO I HAVE MOTION MOTION BY SECOND SECOND BY COMMISSIONER GARCIA. ALL IN FAVOR. ANY NAYS MOTION PASSES? I DON'T REMEMBER 11 [11. Consideration and possible action to approve an agreement with JF Petroleum Group, for the purchase of an OPW PV Pro fuel management system in the total amount of $18,906.05.] CONSIDERATION POSSIBLE ACTION TO APPROVE THE AGREEMENT WITH THE J F PETROLEUM GROUP FOR THE PURCHASE OF A OLD P W P V UH, PRO FUEL MANAGEMENT SYSTEM FOR A TOTAL AMOUNT OF $18,906 AND 5 CENTS. AND MR. BOSKET PRESENTED THIS ITEM, UH, AGENDA ITEM NUMBER 11. UH, WHAT DO I HAVE BEFORE HE IS THE FUEL A STORAGE TANKS, WHICH ARE LOCATED AT THE CITY PUBLIC WORKS SERVICE CENTER ON STINGER. WE HAVE, UH, A COMPUTER, UH, MANAGEMENT SYSTEM, UH, PROGRAM FOR THE FUEL MANAGEMENT SYSTEM IS NOT FUNCTIONAL AND CANNOT BE REPAIRED. SO WHAT WE'RE LOOKING FOR IS THAT WE'RE LOOKING TO REPLACE IT, AND THIS IS GOING FROM MANUALLY RIGHT NOW, WE'RE DOING IT TO BACK TO AUTOMATION, A COMPUTER PROGRAM, STAFF RECOMMENDS APPROVAL. SO WHAT DOES THIS DO? I MEAN, DOES IT, UH, MORE PINPOINT AS FAR AS THE GALLONAGE IT'S USAGE AND WHO THE USER IS? SO BASED ON PUBLIC WORKS, FIRE DEPAR, UH, POLICE, EVERY DEPARTMENT THAT USE ADMIN, AND IT GOES BY EMPLOYEE, IT ACTUALLY HAS YOUR EMPLOYEE NUMBER AND IT HAS, IT HAS A LITTLE KEY. YEAH. IT HAS A LITTLE KEY THAT YOU HAVE TO INSERT IN. IT'S ASSIGNED TO YOUR VEHICLE AND TO YOU AS AN INDIVIDUAL, YOU HAVE TO KEY IN YOUR EMPLOYEE NUMBER AND THIS VERIFIES WHO'S DOING IT AND ENTER IT. SO THAT'S BACK TO THE AUTOMATION RIGHT NOW. WE'RE DOING IT MANUALLY, WHICH IS LABOR INTENSIVE RIGHT NOW. SO WHAT HAPPENED TO THE OTHER ONE, UH, JUST GAVE OUT IS PROBABLY 15, 20 YEARS PLUS. AND SO IT'S NOT A PROGRAM THAT WE CAN UPDATE AGAIN. SO IT'S, YOU HAVE TO PURCHASE UP TO NEW. SO WE'RE GOING TO UPGRADE IT'S YES. IT'S AN UPGRADE PLUS NEW. OKAY. DO WE NEED THE SOFTWARE? ANYTHING? I MEAN, TO UPGRADE ALSO, ARE YOU GOING TO COME BACK TO US? UH, CURRENTLY NOT THE PUMPS WERE BROUGHT TO THE COMMISSIONERS PROBABLY ABOUT 2015, I THINK IS THE OR 2017. SO THE PUMPS ARE FAIRLY NEW. IT LASTS A LONG TIME. THEY'VE DONE SOME OTHER ELECTRICAL UPGRADES [00:40:01] AND I THINK 2017, I CAN'T GET THE TWO DATES. CORRECT. BUT THOSE THERE HAS BEEN INVESTMENT ALREADY, AND THIS IS AN INVESTMENT ALSO. OKAY. AND ON THE, ON THEIR QUOTE, IT SAYS A FOUR FUELING STATIONS AND 200 KEYS AND A KEY ENCODER. IS THAT EFFICIENT FOR A CITY OF THIS SIZE? YES. YOU'LL NEED STATIONS. 200 KEYS. YES. WE LOOKED AT AS FAR AS, UH, STAFFING VEHICLES AND WHO WE NEED, AND WE HAVE EXTRAS THAT WE WILL KEEP, I LIKE THAT WE'RE MOVING THE AUTOMATION. SO WE SEE WHERE THE GAS IS GOING. WHO'S USING GAS. WHO'S NOT, WE WERE BEFORE AGAIN, THE, THE SYSTEM, UH, IS NO LONGER FUNCTIONAL. SO WE'RE LOOKING TO DO THAT BECAUSE WE'RE DOING IT MANUALLY CURRENTLY. OKAY. TH THEY STATED SOMETHING ABOUT THAT. WE'VE USED SOME TYPE OF SYSTEM LIKE THIS, UH, SOFTWARE IN THE PAST, SO THAT THEY'LL PROVIDE TRAINING. BUT SINCE THAT WE'RE USING THE SAME OPCW EQUIPMENT. YEAH. IT'S JUST A SOFTWARE UPGRADE. MAKE SURE THAT WE'RE UNDERSTAND WHAT, WHAT THE PROGRAM DOES. THIS WAS ACTUALLY THE SAME COMPANY THAT WAS MAINTAINING OUR OLD SYSTEM. HE JUST BURNED OUT. SO THAT'S CORRECT. WE'RE USING THE SAME COMPANY, SAME SUPPLIER. AND I BELIEVE THEY EVEN UTILIZED, THEY'RE TAKING CARE OF HARLAN GINS EQUIPMENT SO THAT YES, SIR. YES. SO THE WHOLE IDEAS WAS TO STAY WITH, WITH ONE, UH, WE'RE NOT REQUIRED TO GO OUT. THIS IS THE SAME COMPANY NOSES IT'S BEEN MAINTAINED. SOME OF OUR OTHER EQUIPMENT, WE HAVE MADE SIGNIFICANT CHANGES IN IT'S COME BEFORE THIS COMMISSION, SINCE, SINCE I'VE COME ON BOARD, UH, WE DO, WE RECONCILE. WE CAN TRACK FUELS EVEN NOW WHERE WE'RE DOING IT MANUALLY. UH, THERE ARE CAMERAS OUT THERE. WE KNOW WHO'S THERE AND THERE'S A LOT OF ICE. SO, AND WE DO, AND THESE THINGS ARE NOT RECONCILE MONTHLY OR WEEKLY. EVERY DAY SOMEBODY GETS FUELED. THESE THINGS ARE TURNED IN. IF SOMETHING'S MISSING, WE'RE ASKING WHY. RIGHT. WE DID A, WE HAD ONE OF YOUR EMPLOYEES LOSE THE FUEL LOG. DID, DID HE NOT TWO WEEKS AGO THE ANSWER'S YES, YES, SIR. WE LOOKED INTO IT MIRROR COMMISSIONERS. IF YOU STEAL FROM THE CITY, WE WILL PROSECUTE YOU. AND THAT'S THE MESSAGE. WE, HE ACCOUNTED FOR IT AND WE VERIFIED IT. SO IT DOES HAPPEN. IT IS CUMBERSOME. AND WE PR WE PREFER TO GO BACK TO THE AUTOMATED SYSTEM. OKAY. 100 AND GET A MOTION BY COMMISSIONER FRANCO. SECOND, SECOND BY COMMISSIONER GARCIA, ALL IN FAVOR. ANY NAYS MOTION PASSES. THANK YOU. THANK YOU, SIR. THAT'D BE GOOD FOR YOU. OKAY. NUMBER 12, [12. Discussion, update, and possible action on the Street Rehabilitation Project and possible addition of more streets to the Street List.] DISCUSS A DATE AND A POSSIBLE ACCIDENT IN THE STREET REHABILITATION PROJECT FOR POSSIBLE ADDITION, FOUR MORE STREETS TO THE STREET LIST AND SENIOR MANAGER DELAROSA PRESENTED ITSELF. OKAY. MARYN COMMISSIONERS, BEFORE YOU IS A LIST, THE ABOUT 20 STREETS, WE'VE IDENTIFIED THOSE 20 STREETS INTO 84 BLOCKS. WE KNOW WHAT THE APPROXIMATELY IN YOUR FOOTAGES. SO WE'VE KIND OF BROKEN THAT DOWN AND WHAT IT COSTS PER BLOCK. SO, UM, WE'RE ASKING THAT, UH, AND MR. BELL JUST PROVIDED YOU A CURRENT LIST OF KIND OF THE, THE STATUS OF THE STREETS THAT WE'RE AT AND WHERE WE'RE MOVING. SO, UM, THAT IS YOUR, YOUR, YOU KNOW, WHAT HE HANDED YOU, UH, SOMETHING THAT I NEEDED TO GET FROM, UM, THE, UH, THE PUBLIC WORKS COORDINATOR AND VERIFY THE PERCENTAGES WHERE WE WERE, BUT WE'RE GETTING READY TO ASK FOR MORE STREETS. UM, I KNOW THAT, UH, SOME OF YOU, UH, MAKING CREWS, SOME OF YOU ARE JUST, UH, EITHER THAT, OR YOU TALKED TO OUR FIELD CREWS, UH, THIS WAS COMPILED BY MOISES MARTINEZ IN CONJUNCTION. SO HE PROVIDED, THEY KNOW THE STREETS, HE PROVIDES IT TO DAVID. WE LOOKED AT THESE, UM, UH, LAST WEEK AND SAID, YEAH, OKAY. THIS SEEMS TO BE FAIRLY CLEAN, UH, FAIRLY CLEAN. AND ONE OF THE THINGS THAT I NEED YOU, BECAUSE WE TRY TO MAKE SURE THAT WE LOOKED ALL ACROSS THE STREET, NOT IN ANY ONE AREA. IF WE MISS SOMETHING, IF YOU WANT TO ADD SOMETHING OR WANT TO REMOVE IT, I WROTE THE, UH, AGENDA ITEM IN SUCH A MANNER THAT IT DIDN'T LIST THE STREETS AND GIVE ANYTHING SPECIFIC. IT'S VERY OPEN. I CAN ADD TO THIS LIST. I CAN REMOVE FROM THIS LIST. OKAY. I CAN TAKE IT IN ANY ORDER AND IF NOT, I CAN, UH, HIGHLIGHT AND PUT A THROUGH Z AND DO IT ALPHABETICALLY. I'LL DO EXACTLY WHATEVER YOU WANT ON THIS LIST. SO IT IT'S, IT'S A CLEAN SLATE, RIGHT? YOU TELL ME WHAT STREETS YOU WANT, IF YOU DON'T WANT THESE 84 BLOCKS. AND IF YOU NEED TIME FOR ANOTHER MEETING, WE CAN'T. I THINK SO BECAUSE, UH, UH, I'M STILL LOOKING AT ONE STREET AND I'M TRYING TO REMEMBER WHAT THE NAME OF IT AND THAT'LL SEED HERE. SO TH THERE'S NO HARM WAITING TO THE NEXT PERIOD, BUT THE SOONER, THE BETTER, [00:45:01] AND WE ARE DOING POINT REPAIRS ON SOME STREETS, WE'RE DOING OTHER STREETS THAT, UH, UM, FOR EXAMPLE, ONE OF THE STREETS HAS BEEN VERY IMPORTANT TO US HAS BEEN USED THE BLADING, REMOVING THE HUMP, UH, DOING SOME, UH, SOME ASPHALT REPAIRS ALONG MCCALL. AND THEY'RE JUST DECLINING KIND OF CLEAN UP THAT AREA. SO THEY'VE BEEN WORKING ALTERNATING WEEK. AND SO THEY HAD BEEN WORKING WEEKENDS AND WE'VE BEEN ASSIGNED. SO, UH, YOU MIGHT RECALL YOS, UH, AS, BECAUSE OF THE WEIGHT OF THE VEHICLES, THESE RUTS AND THE ASPHALT ROADWAY. SO THE WAR, SO THE ROAD RAKE PUSHES THE DIRT OFF FROM UNDERNEATH, AND IT CREATES THESE HUMPS AT THE BAR DITCH. SO THE WATER CAN'T FLOW, WE'RE GOING TO SHAVE IT, LET IT FLOW OUT BLADE TO DITCH OR DOING LOCATES. SO WE'LL BE IN THAT AREA AGAIN, UH, WHEN WE'RE NOT PLANNING TO DO AN OVERLAY, WE'RE GOING TO DO POINT REPAIRS IN THERE BECAUSE ACTUALLY IT'S A FAIRLY GOOD ROAD. WE JUST GOT TO GET THE WATER FROM NOT PONDING ON THE ROAD. SO IT MAKES MORE DAMAGE WHERE IT CAUSES MORE DAMAGE TO THAT ROADWAY. SO, OKAY. YEAH. WE DEFINITELY HAVE TO COME BACK TO THIS ONE. YEAH. SO SOME OF THOSE THINGS, WON'T BE ON YOUR LIST AND WE'LL TAKE CARE OF THEM AS, AS WE GET TIME, BECAUSE WE DO, BUT THESE ARE THE REHABILITATION. WHAT ARE THE OVERLAYS THAT YOU'RE LOOKING TO GET THERE? THERE'S A CERTAIN STREETS THAT THEY'RE MISSING A LOT OF TIME BECAUSE, UH, WE WENT IN THERE AND WE REPAIRED LIKE FIVE OR SIX BLOCKS OF THAT STREET. AND YOU LEFT, WE LEFT TWO OR THREE THAT WERE NOT MENTIONED. IT MIGHT AS WELL FIX THE WHOLE. YEAH. AND, AND I GET A COMMISSION SOMETIMES, YOU KNOW, IT'S JUST THREE MORE BLOCKS, BUT IT'S ANOTHER, IT'S ANOTHER MONTH AND WE'RE THERE. AND, UH, I KNOW, AND I GET IT. I JUST DON'T KNOW. AND, AND THE STAFF DOESN'T WANT TO MAKE THOSE KINDS OF DECISIONS. THEY'RE REALLY LOOKING TO US. AND REALLY THEY'RE LOOKING TO CITY MANAGER TO TELL US, WHAT DO YOU WANT US TO BE? WHAT, OH, WHAT ABOUT THE, UH, SORRY, GO AHEAD. WHAT ABOUT THE, SOME OF THE ROADS ARE A CEMENT, UM, CEMENT BLOCK, RIGHT. AND BACK IN THE DAY THEY DID THAT. I THOUGHT IT WAS GOING TO BE GOOD. OR SOME OF THESE STREETS, CEMENT BLOCK ARE, IS THAT, WHAT IS THE BEST METHOD MAYBE MR. VASQUEZ KNOWS, DO WE, ARE WE SUPPOSED TO PULL UP THE CEMENT BLOCK OR CAN WE JUST OVERLAY RIGHT OVER IT? I'VE SEEN, I'VE HEARD DIFFERENT THINGS IN RED, DIFFERENT THINGS. YEAH. MOST OF THE CEMENT BLOCK THAT WE'RE SEEING, UH, THERE'S NO REBAR. UH, THEY, UH, THEY WILL ACTUALLY DAMAGE YOUR TIRES AND RAMPS. SO THEREFORE WHAT WE DO IS WE MAKE POINT REPAIRS AND THOSE ARE PRETTY SERIOUS FOR US. WE WILL CUT IT OUT, BREAK. YOU KNOW, WE ACTUALLY SAW KIND OF PIECES. THERE IS NO REBAR IN THERE, AND THERE'S GENERALLY VOIDS UNDERNEATH W FOR WHATEVER REASON, ONCE IT'S CREATED VERUS NOTHING UNDERNEATH THERE. SO WE MADE SURE THAT WE DO A POINT REPAIR, PACK IT DOWN AND THEN REDO IT WITH, AND WE DID THAT ON SWANSON, BUT YOU'LL SEE THOSE MORE IN THOSE AREAS THAT ARE COMMERCIAL IN, BUT THERE ARE PARTS OF THE OLD DOWNTOWN, DOWNTOWN, UH, AND SOME OF THE RESIDENTIAL STREETS. UM, YOU MIGHT RECALL, UM, YVONNE ON THIRD STREET WAS CONCRETE. SOME, A LOT OF RESIDENTIAL NEIGHBORHOODS, WE WENT DOWN TO, IT FOUND NO REBAR, WHICH ACTUALLY HELPED US TO GET TO THE WATER LINES. HE HAS THE, THE, THE, THE, THE OLD, YOU KNOW, 60 PLUS YEAR BOTTOM LINE. SO WE'RE DOWN THERE. OKAY. SO WHEN WE MAKE THOSE KINDS OF POINT REPAIRS, BUT, UH, UNLIKE A POTHOLE, A POTHOLE, THAT'S ACTUALLY A DEGRADATION OF CONCRETE. IT'S ACTUALLY MORE DANGEROUS TO, TO A VEHICLE. UH, THERE'S A STREET HERE THAT I WOULD, I WOULD LIKE TO ADD. UM, I WOULD, I WOULD STILL LIKE TO REVIEW IT MORE. I DON'T KNOW HOW EVERYONE ELSE FEELS. YEAH. WE DEFINITELY NEED TO COME BACK AND SAY WE ARE. YUP. YUP. AND THAT THE INTENT WAS TO GET IT BEFORE YOU, SO YOU CAN START GIVING US SOME, SOME FEEDBACK. YEAH. WE APPRECIATE THE, THE LIST OF COURSE PROVIDED BY THE STAFF. BUT, YOU KNOW, WE STILL HAVE THAT, UH, THE LIST OF 76 FROM BEFORE. SO WE DEFINITELY WANT TO GO, GO IN THERE AND SEE EXACTLY WHAT THIS IS, WOULD BE HIGH PRO OR ONE EMPLOYEES' PERCEPTION OF WHAT IS IMPORTANT TO HIM BECAUSE HE SEES HIM HE'S OUT THERE EVERY DAY. SO, AND I GUESS, UH, ALL I'M ASKING THE COMMISSIONERS ALSO, YOU KNOW, TO GIVE, UH, THE CINEMA MANAGER ALSO THE, UM, MAYBE, YOU KNOW, TO MOVE FORWARD. AND SINCE THEY'D BE, THEY DO THREE BLOCKS AND TWO MORE OR TWO OR THREE MORE BLOCKS OR IN FRONT. AND THE CURB AND GUTTER IS GREAT, BUT THE STREET, YOU KNOW, UM, NEEDS TO BE REDONE, YOU KNOW, HAVING AN OVERLAY. AND WE CAN JUST GO AHEAD TO, YOU KNOW, GET TO DECISION, YOU KNOW, IF YOU CAN, UH, YOU KNOW, BRING IT, SEND IT THE WAY YOU, YOU SEND IT, YOU KNOW, WHAT MESSAGES BEFORE IT GIVE US A TEXT, IT'S AT EIGHT, UH, WE DID THREE BLOCKS, BUT, UH, THE FOURTH, THE NEXT THREE BLOCKS, UH, CARBON GUTTERS. GREAT. BUT THE STREET NEEDS TO, YOU KNOW, UH, I NORMALLY, UH, NITA KNOW SOME TYPE OF, UH, ANSWER FROM YOU GUYS SO THAT YOU CAN MOVE FORWARD. YOU'RE ALREADY THERE. THAT'S WHAT I'M TRYING TO SAY. SO I THINK THAT, YOU KNOW, GET, YOU KNOW, GIVE YOU THE AUTHORITY TO SAY, YOU KNOW WHAT, GO FOR IT. INSTEAD OF COMING AFTER US. SO MANY TIMES WE TALKED ABOUT THAT, WE ALSO TALKED ABOUT ZONES, YOU KNOW, MAKING SURE THAT WE'RE DOING A SECTION OF THE CITY AT ONCE SO THAT WE'RE NOT GOING ACROSS TOWN BACK AND FORTH. IS [00:50:01] THIS LAID UP IN ZONES? NOW? THE WAY WE DENTISTS WHEN WE START IN AN AREA IS FOR EXAMPLE, IF WE START WITH THE FIRST STREET AND IT'S, UM, BALLENGER STREET FROM HILDAGO TO POINT IT ONCE WE'RE THERE WE'LL, AS WE'RE LOOKING DOWN THE LIST, WE'LL SEE WHAT ARE THE STREETS ARE IN THAT AREA BEFORE WE GO TO ANOTHER AREA, THAT'S HOW WE DO BEFORE WE GET TO ANOTHER AREA, RIGHT? THE ONLY TIME WE MOVED TO ANOTHER AREA, IT'S BECAUSE IT'S BECOME A POINT OF REPAIR OR IT'S BECAUSE SOMETHING'S HAPPENED THERE, THAT WE'VE GOT TO RELOCATE NONE OF THE, NONE OF THE STREETS AND, WELL, THERE'S A LOT OF STREETS THAT WE HAVE TO REPAIR. WE ALL KNOW THAT. AND THERE'S A LOT OF STREETS THAT ARE BEING LEFT OUT. UH, BUT NONE OF THE ULTIMATUM SUBDIVISION ARE IN HERE. ANOTHER THING THAT I HAD MENTIONED THE LAST TIME WE TALKED ABOUT STREETS IS THAT I REMEMBER, UH, COMMISSIONERS, UH, WHO'VE ALREADY BACKED UP ON MONEY. THEY'RE SITTING THERE, THEY'RE WORKING ON STREETS BECAUSE OUR CITY STAFF IS OVERWHELMED WITH WORK DONE AND ALL THAT. AND I'VE MENTIONED BEFORE THAT MAYBE WE SHOULD TRY, I WAS FORCING SOME OF THE STREETS, NOT ALL OF THEM, NOT ALL THE MONEY, BUT TRY TO HELP THEM MONITOR, ALLEVIATE THE, THE AMOUNT OF WORK THEY GOT TO A MINIMUM, MAYBE GIVE, I DON'T KNOW. I DON'T KNOW, BUT WE'RE GOING TO TAKE THAT BECAUSE WE'RE GOING TO, BUT JUST COMING AROUND PRETTY SOON, WE'RE GOING TO ADD ANOTHER CHUNK OF MONEY IN THERE, BUT IT'S ALREADY, WE ALREADY HAVE LAST MONEY STILL SITTING IN THERE. THAT SHOULD BE SOMETHING TO CONSIDER IT. WE HAVE ANOTHER, UH, THE NEW PAPER COMING IN. YES, SIR. WE HAVE, UH, YES, SIR. UM, MR. BOSS, EXHIBIT GIVEN UPDATE, UH, APPARENTLY THE RUNNING OF THE DIAGNOSTICS IS IT'S A NEW VEHICLE, SO THEY HAVEN'T GIVEN US A DELIVERY DATE, BUT IT'S SOMEWHERE HERE NEAR, UH, WE'RE DOING THAT. AND AGAIN, WE ARE, WE REACHED OUT, UH, YOU KNOW, WE'RE REACHING OUT TO A, UH, A COMPANY THAT DOES ASPHALT WORK. THEY DON'T DO THE CURBS AND GUTTERS. SO IF THEY CAN DO THOSE, WE CAN DO THE POINT REPAIRS AND JUST, THEY DO THE ASPHALT WORK. WE CAN GET THEM IN AND OUT AND WE'LL SPEED UP THE PROCESS. SO WITH OUR PAVER, THAT'LL GIVE US TWO. AND THEN IF WE USE ANOTHER COMPANY, THEY CAN JUST HELP US DO JUST THE ASPHALT WORK. THAT'LL HELP SPEED UP THAT PROCESS. OKAY. NOW YOU MENTIONED A SECOND PAVER. DO WE HAVE CREW FOR, WE'VE GOT ENOUGH CREWS TO OPERATE BOTH EQUIPMENT WHILE THE ONE IS DOING SOMETHING, THE CREWS IN SOME OTHERS THEY'RE NOT CONTINUING, AND SOMETIMES IT'S NOT THERE. IT'S NOT YOUR TAPE. IT'S NOT YOUR PAVERS COMMISSION. IT'S ALWAYS GOING TO BE, CAN YOU GET THE PRODUCT TO THE SITE? CAN YOU GET IT DELIVERED? CAN YOU GET ON A SCHEDULE C ROLE? SO WE WORK. SO WE MAXIMIZE WHAT WE'VE GOT AND WE KEEP THE CREWS MOVING ALL THE TIME. THAT'S THE ONLY WE GOT THE EQUIVALENT ALSO. YOU KNOW WHAT I MEAN? YOU WANT ME AGAIN? UM, TILL WE GET THIS AS FOR A TABLE, Y'ALL WANT A TABLE THIS TABLE. OKAY. I'VE GOT A MOTION BY COMMISSIONER VIA FRANCO K BEFORE NEXT MEETING. YEP. OKAY. AND WITH THE INTENTIONS THAT WE ALL GET THE WHATEVER STREETS WE NEED ON THERE ALSO. OKAY. SO I'VE GOT A MOTION BY COMMISSIONER OF YOUR FOCAL. SECOND, SECOND BY COMMISSIONER. WE GOT ONE ALL IN FAVOR. AYE. ANY NAYS MOTION PASSES. WHAT'S YOUR PASS AT THE TABLE. OKAY. ITEM 13 CONSIDERATION [13. Consideration and Possible Action on the award of the Small Business Investment Program-Commercial Facade Grant for Rolling Smoke BBQ_in the amount of $2,500.] POSSIBLE ACTION. UNDER AWARD OF A SMALL BUSINESS INVESTMENT PROGRAM, A COMMERCIAL FACADE GRANT FOR ROLLING SMOKE, BB BARBECUE ON THE AMOUNT OF THOUSAND 500 MR. REBECCA CASTILLO PRESENT IS GOOD EVENING. MAYOR COMMISSIONERS. THANK YOU FOR THE TIME FOR THE RECORD, REBECCA CASTILLO WITH ECONOMIC DEVELOPMENT CORPORATION. UH, WHAT WE BROUGHT INTO YOUR CONSIDERATION TONIGHT IS THE AWARD OF THE SMALL BUSINESS INVESTMENT PROGRAM, COMMERCIAL FACADE GRANT FOR ROLLING SMOKE, UH, BARBECUE IN THE AMOUNT OF $2,500. UH, WE'RE REQUESTING YOUR CONSIDERATION FOR THIS AMOUNT, UM, TO GIVE YOU THE OPPORTUNITY TO REVIEW THE APPLICATION AND REQUEST THIS AWARD WAS APPROVED BY THE SEVENTY-TWO EDC BOARD OF DIRECTORS ON MARCH THE 28TH, UH, 2022. AND THEY'RE RECOMMENDING APPROVAL BY THE CITY COMMISSION. AND I'M AVAILABLE TO ANSWER ANY QUESTIONS THAT YOU MAY HAVE, YOU KNOW, WHEN THEY'RE GOING TO OPEN EXACTLY THERE, WE'RE LOOKING AT. SO THEY'RE, UH, INSTALLING A RAMP AND DOING SOME WORK. UH, THEY'LL STILL MOVE FORWARD WITH THE OPENING. UH, WELL, THEY'RE STILL GOING TO BE DOING SOME OTHER PAIN WORK, BUT, UH, THEY'RE TELLING ME THAT THEY WANT TO BE ABLE TO OPEN IT WITHIN THE NEXT TWO, THREE WEEKS. OKAY. WELCOME TO THE CITY THAT DAY. THEY STARTED OUT AS A FOOD TRUCK RIGHT NOW OF LOCATION. SO THE, IN THERE ARE FROM, UH, THE COMMUNITY OF SANTA ROSA AND THEY'RE, UM, THEY REALLY HAVE BEEN, UH, UH, WELCOME TO THIS COMMUNITY. SO THEY FIND A LOCATION THAT THEY WANT TO BE ABLE TO, TO GROW FROM A MOTION TO APPROVE SECOND. OKAY, GOOD. A MOTION BY COMMISSIONER GALVAN. SECOND BY COMMISSIONER. ALL IN FAVOR. ANY NAMES? ANY NAYS MOTION PASSES CHAMBER. [00:55:06] I REMEMBER 14 CONSIDERATION [14. Consideration and possible action to approve Ordinance Number 2601-03-2022(Z), Russell Ranch Planned Development District, after Second and Final Reading, Amending Zoning Ordinance Number 2252 and Amending the Zoning Map of the City of San Benito to Change the Zoning of a Property by Changing the Zoning Classification on the Land Legally Described as 27.273 Acres of Land, more or less, being the West 5 Acres of Lot 22, the West 2.273 Acres of Lot 21, and All of Lots 49, 51, 52, and 53, Resaca Front Subdivision, City of San Benito, Cameron County, Texas, as Recorded in Volume 2, Page 21, of the Map of Records of Cameron County, Texas; Said 27.273 Acres of Land Being More Particularly Described by Metes and Bounds, Incorporated Herein for All Purposes, From its Present Classification of Single Family One (SF-1) and Agricultural and Open Space (AO), to Planned Development District -Single Family One (PDD-SF-1), Providing for Planned Development District -Single Family One (PDD-SF-1) Standards Applicable to the Property Attached and Incorporated as "Exhibit A", and Providing an Effective Date. (Part 1 of 2)] POSSIBLE ACTION TO APPROVE ORDINANCE NUMBER 22 0 0 2 6 0 1 DASH THREE DASH TWO TWO DASH 2 0 2 2 Z RUSSELL RENTER PLAN DEVELOPMENT DISTRICT. AFTER SECOND AND FINAL READING, AMENDING THE ZONING ORDINANCE. NUMBER 2, 2, 5, 2, AND AMENDING THE ZONING MAP OF THE CITY OF SAN BENITO TO CHANGE THE ZONING FOR PROPERTY BY CHANGING THE ZONING CLASSIFICATION ON THE LAND LEGALLY DESCRIBED AS 27.273 ACRES OF LAND, MORE OR LESS BEING THE WEST FIVE ACRES OF LOT 22 IN WEST 2.27, THREE ACRES OF LOT 21 AND ALL OF LOT 49 51 52 OR 53 SUBDIVISION. SOMEBODY WHO TEXAS, UH, KEVIN COUNTY, TEXAS AS RECORDING AND VOLUME TWO PAGE 21. UH, THE MAP, UH, RECORD CAMERON COUNTY, TEXAS SAID 27.273 ACRES OF LAND BEING MORE PARTICULARLY DESCRIBED BY MEETS AND BOUNDS. INCORPORATE HEARING WE'RE ALL PURPOSES FROM IT'S A PRESENT PRESENT CLASSIFICATION OF SINGLE FAMILY, ONE S F ONE OR CULTURE AND OPEN SPACE, 8 0 2, A PLAN DEVELOPMENT DISTRICT, SINGLE FAMILY, ONE P D D D S F THAT'S ONE PROVIDING FOR PLANNING TO DEVELOP A DEVELOPMENT DISTRICT, SINGLE FAMILY, ONE P D D D S F THAT'S ONE STANDARD CERTIFICATION FOR THE PROPERTY ATTACHED AND INCORPORATED INCORPORATED AS EXHIBIT A AND PROVIDED IN A EFFECTIVE DATE. AND MR. DELAROSA PRESENT IS MARIN COMMISSIONER BEFORE YOU HAVE PLANNED DEVELOPMENT DISTRICT, UH, RUSSELL RANCH, UH, THE ORDINANCES. THIS IS THE SECOND FINAL READING, UH, FROM THE LAST, UH, FROM THE FIRST READING AGAIN, UM, UP UNTIL THE CITY COMMISSIONER APPROVES IT, WHICH IS THIS EVENING PLANNING. WE'VE HAD PUBLIC HEARINGS ON DEVELOPMENT STANDARDS. WE'VE HAD, UH, UH, ALSO PUBLIC HEARINGS ON NOT ONLY THE SUBDIVISION, BUT ZONING A PLAN DEVELOPMENT DISTRICT IS A CHANGE OF ZONING. OKAY. SO THE ZONING IS YOU'RE CREATING A NEW DISTRICT. UM, AND THIS ONE HAS SOME BEARING LOT SIZES, WHICH MEANS THEY DON'T FIT THE SINGLE FAMILY ONE SIZE. AND, UH, SOME OF THE SUBDIVISION STANDARDS HAVE BEEN CHANGED, FOR EXAMPLE, THE RIGHT, THE RIGHT-AWAY WIDTH INSTEAD OF 60 ZONES OF 50. SO, UM, UH, THERE, YOU KNOW, THIS IS ALWAYS A, UM, ANY PLAN DEVELOPMENT DISTRICT. UH, THE OTHER ONE THAT YOU'VE GOT IS, UH, RGB EPICENTER. SO, UH, AND IT DEFAULTS TO SEE C2. THERE'S SOME DEFAULTS TO TWO SF ONE. OKAY. SO THE MOMENT YOU START CHANGING, UM, UH, DEVELOPMENT STANDARDS, JUST SO TO KIND OF KEEP YOU SOME, UH, ENLIGHTENING, HOW, UH, UH, DEVELOPMENT STANDARDS WORKS WHEN YOU SUBMIT A PLAT AND IT DEFAULTS TO SINGLE FAMILY ONE, OKAY. THAT'S THE ZONING AND THE SUBDIVISION ORDINANCE IS IN PLACE AND YOU DON'T DEVIATE. THE ORDINANCE BECOMES YOUR ORDINANCE. I MEAN, THAT'S HOW YOU, YOU FOLLOW EVERYTHING, NO DEVIATIONS. WHEN YOU DO A PLAN DEVELOPMENT DISTRICT, YOU NOW CHANGE WHAT YOU'VE REQUESTED, WHICH MEANS THAT WE IMPOSED SOME OF THE THINGS THAT WE'VE BEEN TRYING TO CLEAN UP. OKAY. YOU JUST ADOPTED, UH, FOR EXAMPLE, UH, AT THE LAST, MAYBE TWO MEETINGS BACK BACK, UM, THE TRAFFIC IMPACT ANALYSIS, UM, AND, UH, UH, THE, UH, THE STORM WATER MANAGEMENT GUIDELINES, RIGHT? IT'S ABOUT A 10, 12 PAGE DOCUMENT, INCLUDING THE MAINTENANCE. SO, UH, I'VE INCORPORATED THE STORMWATER MANAGEMENT IN HERE IN ACCORDANCE WITH THE ORDINANCE THAT WE JUST ADOPTED TO ALL OTHER DEVELOPMENTS THAT ARE JUST USING THE TEMPLATE. OKAY. I'D ASK YOU FOR PLAN DEVELOPMENT, SINGLE FAMILY, C2, WHATEVER IT IS, THAT'S WHAT IT IS. UM, AND WE APPRECIATE, UH, YOU MIGHT RECALL THAT WE HAD, UH, I BELIEVE THE LADY'S NAME IS ACTUALLY MS. LOVETT PUBLIC HEARING ABOUT THE TRAFFIC IMPACT, RIGHT. PUBLIC HEARING. SO WE HEARD IT BECAUSE OF THE PLANNED DEVELOPMENT DISTRICT. WE DID REQUIRE IT. WE ALSO REQUIRED IT FROM THE SCHOOL DISTRICT. SO THIS IS NOT THE FIRST TIME WE'VE REQUIRED. WE'VE ACTUALLY, WE ACQUIRED IT FROM IDEA SCHOOLS ON RUSSEL LANE. SO, UH, IT IS SOMETHING BECAUSE TRAFFIC, UH, UH, NEGATIVE PR, WELL, ANY TRAFFIC IMPACTS THE NEIGHBORHOOD, HOW IT DOES IT. AND SO, UM, SO THIS IS ACTUALLY THE THIRD TIME WE'VE SEEN THE TRAFFIC IMPACT ANALYSIS. NOW WE SET SOME PARAMETERS THAT WE WANTED TO SEE SO WE CAN MAKE INFORMED DECISIONS. SO, UH, BUT THE ORDINANCE THAT'S BEFORE YOU IS WHAT'S BEING RECOMMENDED, UH, UH, BY CITY STAFF, [01:00:02] EXHIBIT B IS SOMEONE THAT SETS THE STANDARDS, SETBACKS DRIVE WEEKS WITH THE STORMWATER MAINTENANCE AND THOSE KINDS OF THINGS. SO, AND UH, THEN THE GRAPH BELOW THAT IT SHOWS THE, UH, THE LOT DIMENSION TABLE THAT WAS ACTUALLY PROVIDED BY THE DEVELOPER. AND THOSE ARE THE VARIOUS SIZES, THE LOTS BY LOTS AND BLOCKS AND WITS AND ALL THAT KIND OF STUFF. SO IT'S ALL IN THERE. SO THIS IS WHAT WE WILL BE FOLLOWING IF THIS, UH, PLAN DEVELOPMENT DISTRICT MOVES FORWARD. OKAY. AGAIN, IF IT'S NOT IN HERE AND IT'S NOT SPECIFIED IN HERE, THE STORMWATER WASN'T PART OF SOMETHING THAT WAS REQUIRED WHEN THEY STARTED THE PROJECT, BUT THIS IS A PLAN DEVELOPMENT DISTRICT. THAT'S WHY HE GETS, HE GETS ADDED IN. OKAY. SEE HOW THAT KIND OF WORKS. IF YOU ASK FOR SOMETHING, I GET TASK FOR SOMETHING. THAT'S HOW THE CITY WORKS. THAT IT'S NEGOTIATIONS. IT'S NOT ALWAYS, IT DOESN'T ALWAYS COME ACROSS AS BEING VERY FAIR, BUT THAT'S THE PROCESS BECAUSE IN WHERE I SIT AND WHERE YOU'RE SIT, WE LOOK AT THE CITY'S LONG-TERM INTERESTS AND LONG AFTER EVERYBODY'S GONE AND WE'VE GOT NEW CITIZENS, YOU KNOW, THEY DIDN'T MEET CERTAIN STANDARDS. SO IT IS, UH, MY OPINION THAT, UH, THIS MEETS AND PROTECTS OUR INTERESTS. UH, I BELIEVE IT WILL BE GOOD FOR THE DEVELOPER. CAN'T SPEAK FOR HIM, BUT I CAN CERTAINLY SPEAK FOR THE CITY. THIS IS OUR, YOU KNOW, IN THE CITY'S BEST INTEREST. UH, SO IT IS MY RECOMMENDATION THAT THIS ORDINANCE BE ADOPTED AS PRESENTED. YOU HAVE ANY QUESTIONS FOR ME? UH, NO. ON THE, UM, PAGE SEVEN OF THE, OF THIS, I GUESS SIX OF EIGHT, I DON'T KNOW, SIX IT'S ON SEVEN OR SIX OF EIGHT. IT IS TALKING ABOUT IT'S EXHIBIT B. AND, UH, I THOUGHT WHEN I HAD ASKED ABOUT, UH, GARAGE SIZES, THEY SAID THAT I THOUGHT WE WERE UNDER THE IMPRESSION THAT THEY WERE ALL GOING TO BE DOUBLE VEHICLE GARAGES. AND NOW I SEE HERE THAT THERE'S AN OPPORTUNITY FOR SINGLE VEHICLE GARAGES ALSO. AND I DON'T KNOW BECAUSE, UH, WHEN SOMEBODY TELLS ME THAT THEY'RE GOING TO PUT IN ABOUT A 1200 SQUARE FOOT HOUSE UP TO A 2100 SQUARE FOOT HOUSE, YOU KNOW, I DON'T KNOW HOW MANY DOUBLE WIDE KROGERS YOU CAN PUT ON A 1200 SQUARE FOOT HOUSE. RIGHT, RIGHT. THAT'S WHY I, I KNOW. SO I DON'T DICTATE IT. I JUST SET THE STANDARDS BECAUSE I HAVE TO, UH, DEVELOPERS GENERALLY WILL HAVE A BUILDER OR MULTIPLE BUILDERS. OKAY. I SUSPECT THAT THERE'S GOING TO BE MORE THAN ONE FOR THIS DEVELOPMENT, BECAUSE REMEMBER YOU AS A CITY COMMISSION AND AS A CITY MANAGEMENT, WE CAN'T TELL DEVELOPER WHO, WHICH BUILDERS ARE, HOW MANY BUILDS YOU CAN BRING IN. ONCE YOU APPROVE THIS, IT IS THEIR MONEY AND THEY GOT TO FOLLOW THESE RULES. AND YOU DON'T, THEY, YOU COULD APPROVE THIS TONIGHT AND THIS THING BE ON THE MARKET NEXT WEEK. AND THEN, UM, THEN THERE'S A 50 F UH, HOW, HOW, WHY DID THE, STREET'S GOING TO BE, BUT THERE'S A 50 FOOT RIGHT AWAY, BUT THERE WAS ALREADY A 10 FOOT UTILITY EASEMENT BEHIND IT SO THAT THEY WOULD INCLUDE OUR WATER AND SEWER IS GOING TO AUTOMATICALLY. BUT YOU, YOU COULD HAVE INFRASTRUCTURE, YOU COULD HAVE FIBER OPTIC, YOU CAN HAVE COMMUNICATION. YOU GOT OTHER THINGS IN THOSE UTILITY EASEMENTS. THEY'RE NOT A WATERLINE EASEMENT OR A SEWER EASEMENT. THOSE ARE OTHER UTILITIES THAT BECAUSE WE HAVE THE GENERATOR OF THE ORDINANCE TO SPEAK. MAYBE MR. FLOOD, MAN, CAN WE TALK TO HIM? OR HE, THAT WOULD BE COMING TO ASK HIM SOME QUESTIONS, BECAUSE I WANT TO SEE IF, UH, LIKE, UM, LIKE WE'VE TALKED ABOUT BEFORE, IS THAT KIND OF FIRE, THE NEW FIRETRUCKS THAT WE HAD, CAN THEY DO A FULL 360 AND ONE OF THOSE RESIDENTS AND A LOT OF PEOPLE, YOU START HAVING THESE SINGLE CAR GARAGES, YOU PACK UP THE STREETS AND THEN YOU CAN'T GET ANYWHERE. WE HAVE THAT PROBLEM WITH SOME OF THESE SMALLER SUBJECTS. AND I THINK THE MAYOR WOULD BE MUCH BETTER TO SPEAK FOR. AND HERE'S WHY HE KNOWS THE FERRARA. WE HAD THE SIZE, WE COULDN'T DRIVE IT. SOME OF THESE STREETS, YOU KNOW, THAT WE BOUGHT A COMMERCIAL CHASSIES, YOU KNOW, THE WIDTH, YOU KNOW, THAT THEY'LL FIT IN A 50 FOOT AWAY WITH TWO CARS PARKED IN THE OTHER SIDE. IT'S NUG. NOW, IF YOU'RE ASKING COMMISSIONER, SHOULD WE MAKE ONE SITE, NO PARKING, YOU CAN DO THAT. RIGHT. RIGHT. BUT, BUT THERE IS A REASON THEY'RE NOT LESS THAN 50. 50 IS A PRETTY STANDARD WHEN IT COMES TO WHEN YOU NARROW THEM, UNLESS THEY BECOME ALLEYS OR ONE WAY ROADWAYS, THEN YOU CAN REDUCE THEM GREATER. BUT 50 FOOT RIDER, WHICH IS A STANDARD FOR A TWO-WAY DIRECTIONAL ROADWAY, THAT'S IT REQUIRED, UH, FOOTAGE? OR IS IT JUST, WE GO BY STANDARD SQUARE FOOTAGE, THE WIDTH, THE WIDTH. NO, NOT YET. FIFTH. YOU CAN GO FROM 60 TO 50, RIGHT? IF YOU WERE SAYING, OH, WE WANT TO DO, UH, UH, 30 FEET. YOU CAN'T. BUT THEN THEY WOULD BE THAT, THAT SPUR, THAT HORSESHOE WOULD BECOME A ONE-WAY. RIGHT. THAT'S HOW IT HAPPENS. THESE FIT THAT, BECAUSE I CAN ASK, I ALREADY LOOKED AT THE CUL-DE-SACS CAN WE TURN IN THERE IS WIDE ENOUGH. SO, I MEAN, THOSE ARE THE KINDS OF QUESTIONS AND WE DID, WE, IT IS A MATTER OF FACT, I HAD THAT QUESTION WITH MY PLANNERS AND, [01:05:01] UH, AND THE STAFF SAYS, HEY, IS THE CALL TO SAC BEEN REDUCED TO NO, IT'S MEETING THE MINIMUM. OKAY. UM, MR. FLOOD, MAN. COULDN'T UH, CAN YOU COME, WE GOT A COUPLE OF QUESTIONS FOR YOU. IS THERE AN ACTUAL PLOT OF THE PROPERTY ALREADY, OR NOT YET? YOU'RE WAITING FOR THIS APPROVAL. UH, WE FILED, UM, A PRELIMINARY AND FILE FINAL PLAT FOR APPROVAL. SO THOSE ARE A BIG, OKAY. AND THAT'S BASED ON THE ASSUMPTION THAT THIS GETS APPROVED, RIGHT? THAT'S OUR PLAN TO YOU FOR, UM, FOR WHAT WE'RE INTENDING TO BUILD THERE. AND, UH, THAT WOULD BE THE, UH, THAT'S NOT SOME OF THE CONCERN, UH, FROM THE RESIDENTS AROUND, IS IT, IS, IT WAS MULTI-FAMILY WE'RE GOING TO GO IN THERE. AND FROM MY UNDERSTANDING, NO, THERE IS NOT, IT'S JUST A VARIATION IN SIZING OF HOMES. IT'S ALL SINGLE FAMILY. OKAY. UM, COMMISSIONER, I THINK, UH, I DIDN'T NUMBER 15 SHOULD HAVE, UH, A COPY OF THE, UH, THE PLOT THERE EITHER. I DON'T REMEMBER 15, THE FOLLOWING. I THINK IT'S AT THE MORE OR LESS, THE LOT SIZE AND THE LAYOUT OF IT. MARIKA MISHA. YES. YOU'RE. YOU'VE GOT A PRELIMINARY AND FINAL PLAT IN YOUR, IN YOUR PACKET THERE. MR. BELL'S GOING TO GIVE YOU A FINAL PLAT, UM, UH, ONE OF THE LARGER DRAWINGS TODAY, AND THEN THERE WAS ANOTHER CONCERN FROM A RESIDENT. YOU MAY KNOW, MR. FLOOD MINT, UM, ABOUT MEETS, UM, BOUNDARY LINES ON A SURVEY WITH THE ADJACENT PROPERTY. HAS THAT CIVIL, I GUESS THIS QUESTION IS FOR MR. SAUCY, IS THERE, WAS THIS LIKE A CIVIL SUIT BETWEEN THIS DEVELOPER AND A RESIDENT ABOUT WHERE THE PROPERTY LINES ACTUALLY LAY? IS THAT A PROBLEM FOR US MOVING FORWARD? THAT'S THERE THAT'S BETWEEN THEM TWO. AND WAS THAT RESOLVED? DID IT EVER COME TO US? MANNY? WHAT WAS THE NAME OF THE STREET ON RUSSELL? THERE WAS A S I GUESS, UH, BETWEEN THE HOME. OH, YES, SIR. THAT GOT TH THAT GOT RESOLVED. UH, SOMETIME AGO I, I HAD THAT CONVERSATION WITH BERNARD, SO WE WE'VE SURVEYED IT TWICE AND CONFIRMED THAT THEIR, UM, THEIR SURVEY ACTUALLY MATCHES THE POINTS THAT WE INCLUDED IN OUR SURVEY. THERE THERE'S NO DIFFERENCE THERE. I THINK JUST BECAUSE THEY WERE USING THAT PROPERTY FOR SO LONG AND HAD FENCES UP AND EVERYTHING THAT WE ASSUMED IT WAS, IT WAS ASSUMED IT WAS THERE. YEAH. THEY WERE USING, UH, SOME TYPE OF BENCHMARK FENCING POSTS OR SOMETHING. AND WE DON'T UTILIZE, WE UTILIZE MEETS AND BOUNDS DALE. SO IT HAD INSTALLED A, A FENCE IN THE PUBLIC RIGHT AWAY. SO THEY ADVANCED OFF A PORTION OF YOUR PROPERTY AS WELL. YEAH. AND THEN YOU MENTIONED, UM, SOME WORK WITH THE DRAINAGE DISTRICT ABOUT IMPROVING. HAS THAT ALREADY BEEN APPROVED OR ASSESS JUST ALL DISCUSSION AND YOU'RE GOING TO WIDEN THE AX, THE FLOODWAY OR THE DRAINAGE? YEAH. WELL, ACTUALLY BENCH THAT, UH, WE NEED MATERIAL TO RAISE THE SITE. SO, UM, WE'VE WORKED OUT, UH, GOTTEN AN APPROVAL FROM THEM TO GO IN AND, AND, UH, BENCH THAT CHANNEL. SO WE'LL REMOVE MATERIAL OUT OF IT, WHICH WILL INCREASE THE CAPACITY OF THAT CHANNEL. THE, THE FINAL PLAT WILL HAVE THE DIRECTION OF FLOW OF WATER ON THIS RESIDENCE, OR KNOW WHEN, WHEN DO WE SEE THAT? NO, SIR. IT WILL BE IN THE, UH, DRAINAGE REPORT THAT'S BEEN PRESENTED AS PART OF THE CONSTRUCTION PLANS. OKAY. LIKE, UH, YEAH, WE CAN MAKE THAT AVAILABLE. YEAH. IT'S ALREADY BEEN SUBMITTED. OKAY. SO YOU'LL NOTE, UH, WELL, LET'S FINISH WITH THE CONVERSATION THEN. I'LL BRIEF YOU ON, ON THE PLAT. OH YEAH. WE TALKED ABOUT THE FIRE TRUCK. SO YEAH, MR. FLOOD, MAYBE YOU HAVE SOME INPUT ON THAT, SO THAT WE HAVE THINKING THESE ARE THE REQUIREMENTS OF THE FIRE DEPARTMENT. UM, YOU KNOW, WHEN YOU LOOK AT THE STREETS, YOU WON'T BE ABLE TO TELL THAT THERE IS ANY DIFFERENCE IN THE RIGHT OF WAY. UM, THE STREET WILL STILL BE 30 FEET, 33 FEET WIDE BACA, CURB, TOBACCO CURB, JUST LIKE YOUR STANDARD STREET. IT'S JUST A, A RIGHT OF WAY, IS JUST WHERE WE CONTAIN THE INFRASTRUCTURE. IS THIS WHERE WE SHOULD GO BACK AND DISCUSS THE TERMS ON THE PROPOSED ORDINANCE, THE WAY IT'S WRITTEN? YOU CAN, IT APPEARS TO ME THAT YOU WERE UP HERE DURING PUBLIC COMMENT AND YOU SEEM, UH, UNFINISHED. SO, UM, YEAH, BASICALLY WHAT I'D LIKE TO ADDRESS ARE JUST SOME ISSUES THAT ARE IN THE, UH, IN THE DRAFT [01:10:01] OF WHAT, UH, WHAT STRAPPED IT AS THE FINAL, UM, PDD AGREEMENT. UH, THERE WAS SOME, IF WE GO TO, IF YOU HAVE A COPY OF THAT AND CAN GO TO PARAGRAPH NINE ON THAT NIGHT. YES. UH, IT REQUESTS A UNIFORMED, UH, RESIDENTIAL LOT LAYOUT, WHICH WOULD MEAN THAT KIND OF COOKIE CUTTER. IT WOULD CREATE A COOKIE CUTTER NEIGHBORHOOD WHERE WE WOULD HAVE ALL OF OUR DRIVEWAYS ON A SPECIFIC SIDE OF THE HOUSE. UM, INSTEAD OF BEING ABLE TO REVERSE ELEVATIONS ON THE HOME, MAKE THE NEIGHBORHOOD LOOK MORE INTEGRATED AND VARIED, WHICH IS REALLY WHERE MARKET DEMAND IS. UM, THERE'S A NUMBER OF, OF DEVELOPERS WHO HAVE DONE THIS TYPE OF, UM, PROJECT AND THIS TYPE OF LAYOUT BEFORE. UM, UNFORTUNATELY THOSE PEOPLE ARE OUT OF BUSINESS. UM, THIS IS TYPICALLY USED IN A LOW INCOME PROJECT. WE'RE TRYING TO SAVE EXTRA MONEY BY MAKING IT COULD COOKIE CUTTER AND REPEATABLE. SO WE WOULD LIKE TO REMOVE THAT RESTRICTION, UH, SINCE IT WILL IMPACT, IT REALLY RAISES THE RISK ON THE MARKETABILITY OF THIS. I THINK IF I'M A HOME BUYER, I LIKE TO CHOOSE WHERE MY GARAGE ENTRANCE POINT IS. YOU MIGHT WANT YOUR HOUSE FACING ONE DIRECTION OR THE OTHER. SO WE'D LIKE TO NOT ELIMINATE THAT OPTION FOR, FOR OUR HOME BUYERS, UM, ITEM ONE OR A PARAGRAPH 11 AND THAT'S ITEM, I GUESS, AT ONE THAT'S, UM, LET ME FIND, YEAH, THAT'S WHERE THE ONSITE DETENTION PONDS SHALL BE PRIVATE AND THE PROPERTY OWNER OWNERS SHOW, UH, BE RESPONSIBLE FOR THE PROPERTY MAINTENANCE, PROPER MAINTENANCE AND OPERATION. UH, WE'VE PROPOSED THAT. UM, IT WOULD BE PART OF THE HOS, UH, JURISDICTION TO KEEP THE, UH, DETENTION PONDS, UH, OPERATING CORRECTLY AND TO MAINTAIN THOSE, UH, IN THE NEXT SECTION OF THAT, UH, TO WHERE WE'RE UTILIZING, UH, COMMON ONSITE DETENTION PONDS. UM, AGAIN, IT SAYS THAT THE PROPERTY OWNERS WILL MAINTAIN THAT THROUGH A LEGALLY FORMED ENTITY, LIKE THE PROPERTY OWNERS, A HOMEOWNERS ASSOCIATION, OR AN EQUIVALENT, UM, AND IT'S, BUT IT SAYS IT'S SUBJECT TO APPROVAL BY THE CITY COMMISSION DURING A FINAL PLAT PROCESS. UM, WE'VE PROVIDED A DRAFT OF THAT, UH, OF OUR COVENANTS, THE CCNRS THAT WILL GUIDE THE HO THE HOA. UNFORTUNATELY WE CAN'T FILE THOSE, OR, UM, BEFORE THE FINAL PLAT IS FILED, UH, THERE'S LANGUAGE IN THE CCNR SET INCLUDES THAT PLAT FILING INFORMATION. UH, TYPICALLY WE WON'T FILE THE PLAT, THE, UH, CCNRS UNTIL JUST BEFORE OUR FIRST SALE. UH, THIS ALLOWS US TO MODIFY THOSE CCNRS. IF WE WANT TO STEP UP THE REQUIREMENTS FOR THE HOMEOWNERS, IF WE WANT TO CHANGE SOMETHING, IF THERE'S SOMETHING THAT WE'VE MISSED IN OUR DRAFT, UM, AGAIN, THIS IS JUST A DRAFT WE'RE DEVELOPING WITH OUR ATTORNEYS. UM, WE WANT TO HAVE THAT FLEXIBILITY AND, UH, THE CCNRS, THE CITY DOESN'T ENFORCE THOSE. THEY WILL NOT ENFORCE IF YOU GET IT, IF SOMEBODY CALLS IN AND HAS A PROBLEM WITH, UH, AN HOA MATTER, THE CITY'S NOT GONNA SEND ANYBODY OUT TO DEAL WITH THAT. SO WE DON'T SEE THE PURPOSE OF HATTIE HAVING THE CITY INVOLVED IN THAT, THAT PORTION OF IT. UH, WE'RE HAPPY TO FILE THE CCNRS, WHICH WE DO PRIOR TO SAILING SELLING THE PROPERTY, JUST SO WE HAVE, UH, THOSE COVENANTS IN PLACE, BUT THAT HAS TO DO THAT'S MORE BETWEEN US AND THE RESIDENTS THAT ARE GOING TO BE BUYING A, IN SECTION THREE, UH, TALKS ABOUT HAVING A PERIMETER FENCE, UM, WITH ACCESS BEING, UH, SAYS THE DRIVEWAY MUST BE PAVED WITH EITHER ASPHALT OR DRIVEWAY AS APPROVED BY THE CITY. UM, THESE ARE GOING TO BE, THESE DETENTION AREAS ARE GOING TO BE, UH, BASICALLY LOTS THAT WE'VE SET ASIDE. THE MAINTENANCE WOULD BE TO PULL UP MOWER UP, UH, AT THE CURB, TAKEN IN THERE AND MOW THE, MOW, THE GRASS. WE WANT TO USE THEM AS WE WANT ALLOW THE, UH, HOMEOWNERS TO USE THEM AS KIND OF OPEN GREEN SPACE, UM, PLACE FOR KIDS TO PLAY. THEY MIGHT DECIDE TO PUT A PLAYGROUND IN THERE OR PICNIC TABLE OR SOMETHING. UM, SO WE WANT TO LEAVE THAT ON RESTRICTED. OUR PLAN IS ACTUALLY TO FENCE THE PERIMETER, WHOLE PERIMETER OF THE PROJECT, AND, UH, HAD SIDELINE, YOU KNOW, PROPERTY LINE [01:15:01] FENCING AROUND THAT DETENTION AREA. UM, AND THEN SECTION FOUR OF THAT. UM, WE'RE, WE'RE, AGAIN, WE DON'T HAVE A PROBLEM FILING WITH THE CAMERON COUNTY CLERK'S OFFICE, UH, BEFORE WE SELL ANYTHING OUT THERE. BUT, UM, WE'RE LOOKING FOR THAT THE CITY, UH, SHOULDN'T REALLY BE INVOLVED IN, UH, IN EXAMINING THAT THOSE CCNRS, UH, WE'RE OUR AGREEMENT IS ON THE PLAT AND THE PERFORMANCE OF THE HOA, THE RESPONSIBILITY OF THE HOA TO TAKE CARE OF, UH, THOSE, THOSE TYPES OF, UH, INSTALLATIONS. AND DO WE HAVE THIS SIDEWALK, UH, ISSUE IN, IN THERE AS WELL? I THINK YOU NEVER INCLUDED THE, UH, THERE'S A, UH, AN ORDINANCE IN PLACE THAT WE'VE ASKED TO, TO, UH, MAYBE CHANGE THE WAY WE ADDRESS IT. UM, THE ORDINANCE STATES THAT THE DEVELOPER IS TO INSTALL THE SIDEWALKS IN THE DEVELOPMENT, UM, PRIOR TO PROVIDING A CBO ON ANY OF THE, UH, HOMES, I GUESS IS THE WAY IT WAS EXPLAINED TO ME, UM, WHAT THIS CREATES IS A SITUATION WHERE AS WE'RE BUILDING THE HOMES OUT, UM, WE'RE GOING TO BE BRINGING BUILDERS ARE GOING TO BE BRINGING TRUCKS IN, UH, THEY'RE NOT GOING TO BE ABLE TO GO IN AND ACCESS THE FOUNDATION WORK THAT THEY'VE GOT TO DO AND EVERYTHING. IF WE'VE GOT A SIDEWALK IN PLACE, THEY'LL JUST TEAR IT UP, DRIVE OVER IT. AND, UM, THAT'S, THIS IS WHAT WE SEE IF WE'RE EVER MADE TO DO THIS. WE'LL INSTALL ALL THE SIDEWALKS ON THE PERIMETER OF THE PROJECT, ALL THOSE PUBLIC SIDEWALKS ON RUSSELL LANE AND, UM, LOVETT ROAD THAT WE'VE PROPOSED. UM, ALL OF THE HANDICAP RAMPS WILL BE INSTALLED, UH, PREVIOUS WITH FLAGS COMING OFF OF THOSE SO THAT PEOPLE WOULD JUST TIE IN. UM, SO WE'RE PROVIDING AS MUCH AS WE CAN THAT WON'T GET DESTROYED. UH, WE'RE JUST ASKING THAT WE WE'RE, WE'RE PUTTING A BOND UP TO COVER ALL OF THE WORK. SO WE HAVE 25 MONTHS, UH, WE'VE OFFERED TO AGREE THAT IF WE DIDN'T GET, UM, ALL OF THE LOTS SOLD IN THAT TIME, WHATEVER'S UNSOLD, WE WOULD GO AHEAD AND INSTALL SIDEWALKS. UM, SO THAT THAT'S COVERED, UH, BEFORE THE BOND EXPIRES. SO BEFORE YOU LEAVE, YOU WOULD DO THE SIDEWALKS OVER. YES, SIR. UH, ANYTHING THAT WE HAVE UNSOLD IN THERE WOULD, UH, WOULD THEN BE, UM, WE, WE WOULD INSTALL THOSE SIDEWALKS BEFORE THE BOND TERMINATED, EVEN IF YOU HAVEN'T BUILT THE HOME YET, IF YOU GUYS WANT US TO DO IT THAT WAY. YEAH. WHAT I WANT TO KNOW IS YOU'RE ASKING FOR SOMETHING THAT I WANT TO HEAR FROM MR. ROSS ON THIS. HE'S ASKING FOR SIDEWALKS NOT TO BE BUILT UNTIL AFTER THE HOMES, BUT RIGHT NOW HE JUST SAID THAT YOU WOULD LEAVE EVEN IF THE HOMES WEREN'T BUILT YET AND YOU'D BUILD THE SIDEWALKS. SO WHAT'S THE DIFFERENCE. CAN YOU KIND OF GIVE ME AN IDEA OR FROM THIS SIDE, BECAUSE YOU'RE THE ONE THAT PREPARED THIS DOCUMENT TO ENSURE THAT THE CITY IS NOT LEFT WITH THINGS THAT ARE UNDONE UNFINISHED OR UNSAFE. AND WE'LL TALK ABOUT THE STORM WATER, DETENTION MAINTENANCE, AND JUST A BIT, BUT LET'S TALK ABOUT THAT. THE EXAMPLE BEFORE THIS WAS ALSO GOES IT'S BECAUSE I'M IN A PREVIOUS DEVELOPMENT, YOU CAN GO IN AND THERE'S A HOME ALREADY BUILT AND THERE'S NO SIDEWALK THERE. THERE'S ONE ON THIS SIDE, ONE ON THIS SIDE AND THE HOME PARTICULAR HOME WAS BUILT. AND IT JUST LIKE WE WERE DISCUSSING IS THAT A CERTIFICATE OR CERTIFICATE OF OCCUPANCY PERMIT WAS DELIVERED TO THE RESIDENT WITHOUT PUTTING A SIDEWALK IN WHY IT FELL. IF ULTIMATELY IT FALLS BACK ON US, WE HAVE TO GO LOOK AT IT. WELL, NO, BUT THAT DOESN'T MATTER. IT CAN HELP. I'M TRYING TO, OKAY. THE, UH, UH, THE WAY THE ORDINANCE IS WRITTEN IN MANY CITIES ARE LIKE THIS, ALL INFRASTRUCTURE IS BUILT AT ONE TIME AND YOU GET A, UH, NOW, GENERALLY THIS IS THE FIRST DEVELOPER IN MY SIX YEARS THAT YOU'RE PROPOSING TO PROVIDE YOU A PERFORMANCE BOND, WHICH MEANS IT'S THE, UH, THE PERFORMANCE BOND SAYS FOR THE MOST PART, IF THE INFRASTRUCTURE ISN'T BUILT IN A SET PERIOD OF TIME, THEN YOU HAVE TO CALL IT IN. IN OTHER WORDS, YOU'RE GONNA, YOU CAN PUT UP A LETTER OF CREDIT. YOU CAN PUT A PERFORMANCE BOND, LET CRITICAL AGE FOR THE BANK'S PERFORMANCE BOND. SO THERE'S PERFORMANCE BOND, WHICH IS, UH, NUMBER 16 ON THE AGENDA IS A 25 MONTH BOND. OKAY. SECOND PAGE SECOND FROM THE BOTTOM AT THE VERY SMALL [01:20:01] PARAGRAPH, IT SAYS, OH, BY THE WAY, IF YOU DON'T, UH, UM, BASICALLY TAKE ACTION ON THIS PERFORMANCE BOND BEFORE THE EXPIRATION OF 25 MONTHS IT'S EXPIRED. OKAY. SO NOW YOU'RE ASKING STAFF TO GO AHEAD AND REMEMBER SOMETHING OVER 25 MONTHS TO COME BACK TO DO SOMETHING IN. SO YOU DON'T DO IT ON THE 25TH MONTH. YOU DO IT START ABOUT SIX MONTHS AGO, HEY, UH, CITY COMMISSION, WE'RE ABOUT TO HAVE TO CALL THIS PERFORMANCE BOND BECAUSE THEY'RE NOT GETTING ANYWHERE. SO, BUT, BUT THE WHOLE POINT IS THEY GIVE YOU A BOND 25 MONTHS. THAT MEANS WHAT I'M HEARING IS IN 25 MONTHS, HE'S GOING TO FINISH BUILDING OUT 105 HOMES. WELL, THAT WOULD BE OUR EXPECTATION AND HOPE. YEAH. SO NOW LET ME FINISH, PLEASE. UH, SO IT IT'S PART OF THAT. SO I DON'T KNOW HOW TO PROTECT THE CITY'S LONG-TERM INTEREST WITHOUT THE END. SO IF YOU DO IT DURING A CONSTRUCTION AND COMMISSIONER AND THEIR FRIENDSHIP, YVONNE, YOU'VE BEEN TO BROADWAY PLACE. OKAY. IT'S A PUBLIC RECORD. WE KNOW WHERE WE STOPPED THE JOB SITE. OKAY. I'VE SEEN SIDEWALKS AFTER THE FACT, I SAW TWO DIFFERENT BUILDERS IN BROADWAY PLAYS PHASE TWO, WHICH IS THE THIRD PHASE OF DEVELOPMENT. I'VE BEEN TO LIBERTY ESTATES, PHASE TWO, TWO DIFFERENT BUILDERS IN THERE. I FORWARD YOU THAT EMAIL, THAT, THAT VIDEO OF THE CAR BORROWING WHERE BOTTOM'S GOING ACROSS THE SIDEWALK. AND YOU MENTIONED GARCIA, I'VE SHOWED YOU THAT SITE, RIGHT? SO THIS IS WHAT HAPPENS WHEN YOU HAVE THESE THINGS. SO A LAND DEVELOPER WILL GET THE SITE. GENERALLY. IT GOES ALL THE WAY FROM RIGHT AWAY TO RIGHT AWAY SIDEWALKS AND ALL NOW LET'S TALK ABOUT BROADWAY PLAYS PHASE TWO, THERE WAS NO SIDEWALKS. THEY DIDN'T PERFORM ANYTHING ON THE LOTS. WATER CAME OFF. THE LOTS GOT BEHIND THE CURB, GOT UNDERNEATH THE ROAD, AND WE WERE RIDING THAT ROLLER COASTER ON CAMEO DRIVE. THOSE ARE THE KINDS OF, SOME OF THE THINGS THAT WE'RE SEEING. SO A LOT OF THINGS HAVE CHANGED SINCE DECEMBER WHEN WE STARTED HAVING SOME OF THESE DISCUSSIONS, BECAUSE AS YOU MIGHT RECALL, UH, WE'VE GOTTEN SOME OF THESE. WE WERE CONTACTED, UH, I SENT YOU THE VIDEO. I'VE TOLD YOU WHAT THE STANDARDS ARE FOR FEDERAL AID. SO, UH, WE'VE GOT, UH, IF IT ALL DEPENDS ON THE LAND DEVELOPER, OKAY. UH, MR. FLEMING STATED THAT THEY DID THE FIRST, THEY DID SUBDIVISION, BUT THEY WEREN'T THE DEVELOPER, THEY WERE THE BUILDER AND THAT'S ON LALA COURT OVER THERE, OFF OF, UH, SHAFFER WROTE. OKAY. SO I'M FAMILIAR WITH THE WORK AND IT'S GOOD QUALITY HOME. THE DIFFERENT DEVELOPERS DO THINGS, BUT WE I'M ALREADY DEALING WITH THREE DIFFERENT DEVELOPERS AND THEY'RE NOT PROPERLY PREPARING THE LAND. SO IT'S ROUGH WATER RUNS. THIS FREE GETS UP UNDERNEATH AND IT COMPROMISES THE ROAD AND KRISHA GARCIA. I SHOWED YOU THAT STREET WHERE IT'S ALREADY COMPROMISED IN THE ROAD IS A YEAR AND A HALF OLD. IS THAT THE ONE THAT GOT TORN UP AGAIN? IT'S THE ONE THAT WE WERE GOING HAVE. UH, IT'S THE ONE IN THAT CUL-DE-SAC BY ITSELF ON LIBERTY STATES, PHASE TWO ON THE NORTHERN OSAC 16 MONTHS, SIX MONTHS AFTER THE WARRANTY, LUCKILY WE MAKE CONTACT WITH THEM BEFORE THE 12 MONTH WARRANTY ENDED AND SET. AND HE SAID, I TELL YOU WHAT I'M GOING TO DO. I'M GOING TO DO IT. WHEN I DO THE TURNER ROAD CONNECTION, I'LL FIX IT PEAKS. IF IT DOESN'T GET FIXED, WHEN THAT GETS, WE WILL NOT ISSUE ANY CERTIFICATES OF OCCUPANCY. BUT AGAIN, NOW EVERY SIDEWALK, THE SIDEWALKS THAT YOU'VE SEEN IN SOME OF THESE OTHER SUBDIVISIONS THAT WEREN'T, DIDN'T GO IN, WE GO, YOU KNOW, WHAT, HOW DO YOU GET A WARRANTY BOND THAT BUILDER THE MOMENT WHAT'S THE CALL YOU GET? WHEN IT'S, WHEN A HOUSE IS COMPLETE, WE GO, THE LAST MAY GO, WHERE'S THE SIDEWALK. HEY, YOU SHOULD GET YOUR SAYS, THAT'S DONE BY THE DEVELOPER. AND IT DOES SAY THAT NOW ORDINANCE, RIGHT? YOU GOT SOME VILLAGE, HAVE A GO, HEY, THE ORDINANCE SAYS DEVELOPER SUPPOSED TO PUT IT IN. NOW YOU'RE TRYING TO GET ME TO PUT IT IN AS A HOME BUILDER. YOU SEE WHAT WE'RE BACK AND FORTH. IT IS CONSTRUCTED FROM RIGHT AWAY TO RIGHT AWAY, ALL INFRASTRUCTURE GOES IN. YOU GET A WARRANTY BOND. WHEN YOU ACCEPTED CITY COMMISSION ACCEPTS THE INFRASTRUCTURE. THEN YOU GET A WARRANTY BOND FOR 12 MONTHS. I MEAN, IN ONE YEAR, IF IT DOESN'T FAIL THEN ANYTHING, THEN IT'S YOURS. ANYTHING HAPPENS AFTER THAT. YOU GOT TO REPAIR IT. SO SIDEWALKS GOING IN, UNLESS, AND TODAY WE DON'T HAVE AN AGREEMENT WITH ANYBODY THAT SAYS, HEY, WE'RE GOING TO DO IT. IF THIS WE'LL DO THIS, IF NOT, THEN THOSE ARE, UH, DEVELOPMENT AGREEMENTS. THOSE ARE SOME TYPE OF, UH, UNDERSTANDING THAT, UH, IF I DON'T DO IT, HERE'S MY LETTER OF CREDIT OR HERE'S MY PERFORMANCE BOND BEYOND THIS POINT. THIS POINT, CAN I ADDRESS THAT? I HAVE THREE QUESTIONS. SURE. UM, FOLLOWING UP AGAIN ON THE CITY PERMITS. SO [01:25:01] WE'RE ISSUING WHO DOES THAT FALL ON? THEN IF WE'RE ISSUING THE PERMIT FOR THEM TO OCCUPY AND THEY DON'T HAVE THE SIDEWALK INSTALLED AND ACTUALLY FALL, THAT FALLS IN THE, UH, IN THE PERMITTING DEPARTMENT, IT'S A DIFFERENT DIVISION FROM PLANNING. SO, UH, IN, IN, WHEN YOU LOOK AT INFRASTRUCTURE, YOU'VE GOT LAND DEVELOPMENT, THAT'S HANDLED BY THE PLANNING STAFF. THEN ONCE IT'S ACCEPTED, IT GOES TO PUBLIC WORKS BECAUSE THEY DON'T TAKE CARE OF DEVELOPMENT UNTIL THEY'VE SPENT UNTIL IT'S BEEN HANDED OVER TO THEM AND THEY'RE MONITORING IT. THEN YOU'VE GOT THE HOME CONSTRUCTION, WHICH IS ANOTHER DIVISION THAT ALL THEY DEAL WITH IS THE PERMITTING PROCESS. AND THEY BOTH LOOK AT THOSE ORDINANCES. OKAY. PERMITTING IS YOUR INTERNATIONAL BUILDING CODE. WE'VE ADOPTED THE INTERNATIONAL CODE ORDINANCES. WEREN'T THEY LOOKING AT THAT? BECAUSE IT SAYS IT'S UNDER DEVELOPMENT. WELL THEN WOULDN'T HAVE ALREADY BEEN TAKEN CARE OF IF IT WASN'T, THAT'S WHAT WE'RE TRYING TO STOP. NOW REMEMBER UP UNTIL, UP UNTIL WE GOT LIBERTY STATES, WE DIDN'T HAVE RESIDENT. WE HAD INFILL, YOU HAD BROADWAY PLAYS THAT WAS THERE ABOUT 2008 FIRST HOMES. WHEN ABOUT 20 14, 20 15, WHEN FRED BELL CAME ON BOARD IN 2016, WE HAD LIKE THREE HOMES IN BROADWAY PLAYS, PHASE ONE. AND YOU MIGHT RECALL WHO THAT INSPECTOR WAS AT THE TIME. RIGHT? WELL, THAT ANSWERS IT. SO HERE'S THE THING IT'S, WE'VE HAD NOW TWO FROM MY OFFICE. ALL THEY GO WITH THIS. AND WHEN COMMISSIONER GOLDMAN ON FIRST THING A YEAR AGO, A YEAR AND FOUR MONTHS IS WHERE ARE THE SIDEWALKS? YOU'RE RIGHT. SIDEWALKS GET BUILT AT THE TIME. INFRASTRUCTURE GETS BUILT. SO WE NOW HAVE LARGER PROJECTS. SO YOU'RE HAVING TO RE-EDUCATE AND RETRAIN THE STAFF THAT IT FOR LONG TIME, NOT ONLY HERE, BUT OTHER PLACES GO, YEAH, WE'RE NOT THE, YOU KNOW, WE SHOULDN'T BE DOING THAT. WE NEED TO MAKE SURE THEY GO IN AT THE TIME BECAUSE WE ALL THINK, WELL, YEAH, WE'RE TRAINING THEM. THEY HAVE TO EVENTUALLY LOOK AT THE SIDEWALK, WHETHER IT'S THE BEGINNING OF THE END. AND THAT'S WHY I TERMINATED HIM. OKAY. HOA, WOULDN'T THAT BE A SECOND SAFEGUARD. OKAY. THE ATRIUM, MR. FILAMENTS, ABSOLUTELY CORRECT. YOU. THE INSTRUMENT WASN'T DETERMINED TO CREATE AN ERROR. IT SAYS TO CREATE A PROPERTY OWNER'S POSITION OR EQUIVALENT. OKAY. YOU CAN'T PUT COVENANTS ON A LAND BEFORE YOU SELL ANYTHING. PARDON ME? I WAS LIKE, SOME OF THOSE HOS ARE LIKE COURTS. I KNOW. SO I'M NOT INTERESTED. I'M INTERESTED IN A COVENANT THAT SAYS, AND HERE'S WHY COMMISSIONERS. YOU HAVE DEVELOPERS. WE HAD AT LIBERTY STATES PHASE ONE, WE KNOW WHO DID PHASE ONE BEFORE MR. PLATTNER BOUGHT IT. REMEMBER WHEN THEY CONNECTED PHASE TWO INTO PHASE ONE. AND IF IT'S SUPPOSED TO BE A DETENTION, THE CHANNEL THAT IS PRIVATELY OWNED AND MAINTAIN, AND THEY WEREN'T, THEY BUILT SHEDS FENCES. THEY FILLED THEM, MAN. SO WHO'S MAINTAINED. SO THERE IS NO LEGAL ENTITY THAT IS CREATED TO BE THAT WATCHDOG. SO YOU ARE NOW IN BROADWAY PLAYS PHASE WHERE BROADWAY PLAYS. IF YOU GO OFF OF FIVE, 10 AT THE DRAINERS CHANNEL, AND YOU LOOK INTO THE CHAIN LINK FENCE, BECAUSE THERE'S A WOODEN FENCE, CEDAR FENCE ON THE FRONT SIDE STREET SIDE, IT'S DEGRADATING IT DOES. IT'S PART OF THE PHASE ONE, BUT IT'S GOING TO, IT'S GOING TO ALSO SERVE PHASE TWO AND PHASE THREE. THEIR RESTRICTION IS IF YOU WANT PHASE THREE, PLAT FILED, CREATE THE ENTITY BECAUSE HERE IT IS, YOU NOT HAVE TO TAKE A CIVIL MATTER TO A DEVELOPER. THEY MAY OR MAY NOT HAVE HAD AN LLC OPEN STILL. AND HOW DO THEY MAINTAIN IT? SO WE'RE NOT GETTING SO WHEN WE DO THESE KINDS OF CREATIONS, THAT MEANS IT'S ALREADY SET UP THAT IT'S A FUNCTION IS SET UP. I DON'T, I'M NOT CONCERNED ABOUT THE COVENANTS CONDITIONS AND RESTRICTIONS OF AN ATRIAL WAY. I COULD CARE LESS WHAT'S IN THERE. THESE DRIVEWAYS, THE SIDEWALKS, THESE THERE'S DETENTION, ALL SORTS OF THE CITY'S LONG-TERM BEST INTERESTS BECAUSE OF THE NATURE WAY GOES SOUTH. AND THEY DO. WE HAD, DO YOU RECALL OTHER SIDE OF THE FREEWAY? I KNOW I GOT CONTACTED HR PIKA. SOMEBODY BROUGHT IN A HOUSE ON, ON BLOCKS AND IT SAYS, IT GOES AGAINST OUR HOA. AND I REMEMBER WHEN MAYOR SANCHEZ WAS MAYOR AND COMMISSIONER AND HE CAME TO AND WE GO, WE DON'T ENFORCE. AND THAT HOA HAS GONE DEFUNCT IT'S NO, IT JUST, THEY MAINTAIN IT. SO CREATING THE HOA, ISN'T THE ANSWER, CREATING AN ENTITY THAT IS RESPONSIBLE FOR MAKING SURE THAT THAT DETENTION POND IS PROPERLY MAINTAINED INTO PERPETUITY. NOW, REMEMBER THAT I SAY, I DON'T, I DON'T BREAK THE ORDINANCES. I MAY BEND THEM WAITING IN A FINAL PLAT OR WAITING FOR SOMETHING WHILE YOU'RE GETTING THE INSTRUMENT IS STILL WORKING WITH SOMEBODY. AS LONG AS YOU GET THE INSTRUMENT. AND BEFORE WE GO TOO MUCH FURTHER, AND WE ISSUE BUILDING PERMITS BECAUSE YOU STILL GOT TO BUILD IT. SO IT'S NOT THAT IT'S NOT FLEXIBLE IN CITY MANAGEMENT. IT'S CERTAINLY PROVEN THAT HE CAN WORK WITH FOLKS, BUT [01:30:01] I'M MORE WORRIED ABOUT MISSING SOMETHING IN AN ORDINANCE, DAN WHAT'S IN A NATURE WAY AND THE DEVELOPER DECIDES TO CHANGE IT. OR SOME HOMEOWNERS IN SOME FUTURE SAYS, YOU KNOW WHAT? WE'RE GOING TO THROW THESE THINGS OUT AND YOUR DETENTION MINE'S THROWN OUT. THAT'S WHY IT'S IN THE ORDINANCE. OKAY. NOW MENTALLY WALK ME THROUGH THIS. SO IF WE HAVE ALL THE SIDEWALKS BUILT, YOU HAVE THE HOUSES NOW GETTING BUILT. YOU'RE JUST GOING TO BE DAMAGED TO THE SIDEWALKS, OBVIOUSLY, BECAUSE IT'S GOING TO BE, IT CAN'T BE EQUIPMENT. I MEAN, HUGE MATERIALS. THERE'S GOING TO BE. SO ARE WE NOW SAYING THE CITY IS GOING TO MAKE THEM PAY TO REPAIR THE SIDEWALK AFTERWARDS? ARE WE NOT GOING TO JUST HAVE BROKEN SIDEWALKS OR THREE? NOW OUR CITIZENS ARE GOING TO HAVE TO PAY FOR THOSE BROKEN SIDEWALKS. YES MA'AM. YOU CAN, UM, UH, THE IS RESPONSIBLE FOR MAINTAINING THE SITE AND MAINTAIN THAT SIDEWALK SO THEY CAN GET DAMAGED, BUT THERE'S NOT ANY BREAKING THE SIDEWALK. IS THERE ANY MORE HARM THAN BREAKING THE CURB AND GUTTER OR HAVING CONCRETE TRUCKS, WHICH IS EVERY DAY. AND I CAN TELL YOU WHY, IF YOU GO TO A LA COURT TODAY AT THE VERY END OF THE CALL ITSELF, CAUSE I WAS THERE AT EIGHT 30 THIS MORNING, YOU'LL SEE THAT THE VERY LAST HOUSE AT THAT CALLED THE SAC. AND YOU'LL SEE ALL THE TIRE TRACKS, THE WHOLE LENGTH OF THAT CULDESAC FRONT PROPERTY WITH TIRE MARKS OVER IT. AND, UM, WE WERE AT THE JOB SITE WHEN, UH, CLEO REMEMBER AT LIBERTY AND STATES WHEN THE CONCRETE TRUCK GOES INTO THAT VACANT LOT AND COMES OUT OVER OUR CURB AND GUTTER AND I'M TELLING CLEO, AND THEY'RE NOT EVEN PROTECTING THE CURB AND GUTTER. HERE'S WHAT HAPPENS WHEN YOU DROP THEM, THE GUTTER AND THE CURB, BASICALLY IT TILTED BACK. YOU START FRACTURING IT. SO HERE'S WHAT YOU'RE SUPPOSED TO DO. MAYOR. YOU'RE A MAYOR, PRETEND YOU PUT SANDBAGS AND SUCH SO YOU CAN DRIVE OVER IT. YOU PROTECT THE CURB AND YOU CAN PUT PLYWOODS AND OTHER DRIVABLE PIECES OF MATERIALS TO PROTECT THAT. I THINK THAT SIDEWALK, I THINK THAT'S MUCH MORE, UH, UH, TEDIOUS TO MANAGE VERSUS JUST YOU GO ON AN OCCUPANCY PERMIT. LET ME GO CHECK IF YOUR INFRASTRUCTURE IS IN. OKAY. YOU'RE GOOD VERSUS OKAY. ARE THE TRUCKS DRIVING OVER SANDBAGS? ARE, DID THEY BREAK IT UP AGAIN EITHER WAY? WE'RE GOING TO HAVE TO CHECK IT AGAIN, RIGHT? WE WERE THE ONE A YEAR AND A HALF AGO ASKING WHY THE SIDEWALKS, WHEN, WHEN YOU'VE GOT A DEVELOPMENT CITY FOR 10 YEARS, EXACTLY CAME OUT OF YOUR OWN WORDS. EXACTLY. SO MY, MY, MY POINT WAS WE HAVE TO CODE HAS TO GIVE AN OCCUPANCY PERMIT. WHY AREN'T WE GOING TO THE SITE AND SAYING, MY BROTHER BUILT A HOUSE ON AN EMPTY LOT. NO SIDEWALKS. THE CITY GOES, OKAY, YOU'RE PUTTING IN THE SIDEWALKS IN YOU'RE GOOD. OOH, THAT RAMP DOESN'T LOOK GOOD. THEY MADE HIM PULL THE RAMP UP AND DO IT AGAIN BECAUSE IT DIDN'T ENGRADE PROPERLY. SO THAT, SO SOMEONE WENT FROM CODE TO GO LOOK AT IT, GO LOOK AT IT PHYSICALLY. SO I JUST THINK THAT THAT'S BETTER THAN ARE THE SANDBAGS PLACED PROPERLY. DID IT CRACK? YOU'RE STILL GONNA HAVE TO CHECK IT EITHER WAY AND OURSELVES AFTERWARDS. I FEEL, I DUNNO. WE'RE GOING TO CAUSE MORE DAMAGE TO THE, I THINK SO TOO. AND THEN YOU'RE GOING TO HAVE DIFFERENT PEOPLE REPAIRING DIFFERENT PEOPLE REPAIRING, MAKE SURE IT'S DONE. YEAH. AND JUST, JUST A COMMENT. UM, IT IS IN MOST CITIES THAT DONE DONE THE WAY THAT WE'RE PROPOSING WHERE THE BUILDER WOULD BUILD IT OUT. WE WERE ASKING THAT IT BE PUT INTO THE ORDINANCE FOR THIS PLAN DEVELOPMENT DISTRICT. SO IT'LL ALL, IT'LL BE A REQUIREMENT IN THERE THAT THE SIDEWALKS ARE INSTALLED BY THE BUILDERS PRIOR TO A CFO. SO, AND, AND IF YOU HAD TO GO REPLACE THEM, THE CITY, IT'S STILL GOING TO BE ON THE CITY TO APPROVE WHATEVER GETS PUT BACK. I'LL WALK ON THE GRASS. YEAH. TYPICALLY IN MOST OF THE CITIES WE'RE WORKING IN, WE'LL GET A, PRE-INSPECTION A PRE POUR INSPECTION ON SIDEWALKS AND DRIVEWAYS. SO WHEN IT'S FORMED UP THE STEEL'S IN IT AND EVERYTHING ELSE, THE INSPECTOR DROPS BY. YEAH, THAT LOOKS GOOD. YEAH. I THINK AFTER GOING OUT TO NOW, I REMEMBER GOING OUT TO BROADWAY, THE WORD UNIFORM, A UNIFORM, A RESIDENTIAL LOT LAYOUT WITH THE SIDEWALKS IS VERY IMPORTANT BECAUSE COMMISSIONER, I THINK I CAUGHT WHAT YOU WERE SAYING ABOUT, UH, I THINK THE FIRST PHASE OF, UH, BROADWAY THERE WAS BEEN THERE, THERE IS SO MUCH INCONSISTENCY ON THE SIDEWALKS. YOU HAVE SIDEWALKS, UH, AGAINST THE CURB. YOU HAVE SIDEWALKS, UH, TWO FEET AWAY. YOU HAVE SIDEWALKS FOUR FEET AWAY FROM THE CURB. SO, UH, THE UNIFORMITY IS IMPORTANT, BUT, UH, I JUST WANNA MAKE SURE THAT WE UNDERSTAND WHO'S GOING TO END UP, UH, WITH, WE HAVE, UH, ANSWERED THAT WE, I THINK I KNOW WHERE YOU'RE GOING WITH IT. UM, WE'LL HAVE THREE LINES OF DEFENSE THERE FOR ONE THING. THE UNIFORMITY THAT'S IN, UH, THIS PROPOSED, UH, DRAFT IS, [01:35:01] HAS TO DO WITH THE POSITION OF THE, OF THE DRIVEWAY ON THE LOT. SO THEY WOULD EITHER ALL BE ON THE LEFT SIDE OR ALL BEYOND THE RIGHT SIDE, THERE WOULD BE NONE, NONE WHERE YOU HAVE TWO DIFFERENT ELEVATIONS AS A BUILDER. WE HAVE THREE ELEVATIONS FOR EVERY FLOOR PLAN. AND IF WE REVERSE THOSE THREE, WE HAVE SIX, WE HAVE SIX INDIVIDUAL PLANS THAT PEOPLE CAN CHOOSE FROM THE WAY THEY WANT THEIR HOUSE TO LOOK. UM, IT DOESN'T CHANGE THE UNIFORMITY OF THE SIDEWALK AND WHERE THAT LAND THAT'S GOING TO BE SEPARATED RIGHT NOW BY, I BELIEVE IT'S A FOREFOOT, UH, GREEN STRIP AND THEN THE SIDEWALK. SO, SO YOU'RE GOING TO HAVE CONSISTENCY LOOKING DOWN THE STREET, THAT WAY YOU JUST, UH, IT'S NOT DESIRABLE TO HAVE EVERY, EVERY DRIVEWAY ON THE LEFT SIDE, ON A BLOCK, YOU KNOW, IT'S JUST NOT, IT'S NOT MARKETABLE. IT'S LIKE NOBODY WANTS THAT. AND SO, UH, AND, AND, YOU KNOW, WE'RE IN DIFFERENT BUSINESSES. UM, YOU KNOW, SO, SO WE HAVE A DIFFERENT INSIGHT INTO THOSE THINGS. YOU KNOW, THAT THE CITY MANAGERS, YOU KNOW, WANTS TO PROTECT THE CITY. AND WE UNDERSTAND THAT. SO OUR LINES OF DEFENSE, THERE ARE NOT ONLY THAT IT'S IN THE ORDINANCE THAT WE'RE ASKING YOU TO AMEND AND BASICALLY DRAFT FOR THIS, FOR THIS DEVELOPMENT. UH, IT'S ALSO GOING TO BE IN OUR CCNRS, UM, AS A REQUIREMENT, UH, WE HAVE ARCHITECTURAL GUIDELINES THAT GO INTO THOSE SO THAT WE DETERMINE WHAT FINISHES ARE USED. UM, YOU KNOW, THAT SOMEBODY ISN'T THROWN UP CLAPBOARD OR WHATEVER, WE'LL HAVE STRICT ARCHITECTURAL GUIDELINES. PART OF THOSE GUIDELINES WILL BE THAT THE BUILDER WILL INSTALL THE DRIVEWAYS AND SIDEWALKS PER THE CITY SPECIFICATIONS, UH, PRIOR TO RECEIVING THE CBO. AND THEN YOU, YOUR FINAL LINE OF DEFENSE IS WITH YOUR BUILDING DEPARTMENT INSPECTORS WHO ARE GOING TO GO OUT THERE, LOOK AT THE SIDEWALKS BEFORE THEY GET POURED. UM, JUST LIKE THEY LOOK AT THE FOUNDATION BEFORE IT'S POURED AND THEN SAY, YEAH, THAT LOOKS GOOD. AND THEY GO, UM, SO WE DON'T REALLY SEE THAT IT'S COMPLICATED TO MAINTAIN IT. I UNDERSTAND. IT SOUNDS LIKE YOU'VE HAD SOME NIGHTMARES, WELL, YOU'VE HAD NIGHTMARES, BUT THAT'S NOT WITH US. AND YOU DID. AND YOU DID NOT HAVE, UM, AS THE CITY MANAGER POINTED OUT, YOU'D NEVER HAD A PERFORMANCE BOND ON ANY OF THOSE EITHER. SO IT, IT, IT'S NOT ANYTHING TO DO WITH THE WARRANTY. THE WARRANTY WILL START ONCE THE CITY ACCEPTS THE INFRASTRUCTURE THAT WE'RE PROVIDING, UM, THAT PORTION OF THE BOND WON'T BE RELEASED FOR 25 MONTHS. SO IT GIVES US, IT GIVES US A WINDOW OF OPPORTUNITY TO BUILD OUT IF THE MARKET SLOWS DOWN, ONE OF THE ADVANTAGES YOU HAVE WITH US, WE'RE ALREADY TAKING 60 OF THE 103 LOTS TO BUILD OURSELVES. SO IF THE MARKET TURNS DOWN, WE'RE NOT LOOKING FOR OTHER BUILDERS TO COME IN AND BUILD OUT THE BALANCE OF THE PROJECT. YOU KNOW, WE'LL, WE'LL BUILD THAT OUT. IT MIGHT NOT BE AS FAST AS WE'D LIKE TO, AND WE MIGHT HAVE TO, IF IT'S REQUIRED BY THE CITY, WE MIGHT HAVE TO INSTALL SOME SIDEWALKS ON THOSE UNSOLD LOTS AND TEAR THEM UP AND REPLACE THEM. YEAH. I MEAN, IF THAT'S WHAT YOU WANT AND I, AND I CAN UNDERSTAND YOU DON'T WANT TO SIT IN THERE FOREVER WITH NO SIDEWALKS IN IT. YEAH. WE'RE, WE'RE CONSCIOUS OF THAT. UM, BUT WE THINK THAT THERE'S A WAY TO RESOLVE THOSE ISSUES. I HAVE A GOOD, WELL, NOW LET'S GO TO THIS AND I'M SORRY, LET'S GO TO THE STORM WATER, DETENTION MAINTENANCE, BECAUSE AFTER READING THIS, AND OF COURSE, UH, I THINK WE DID, UH, I I'VE SEEN WHAT YOU WERE REFERRING TO OVER, UM, 5 0 9 AND THE RAILROAD TRACKS, UH, IS IT FIVE BROADWAY, FIVE, 10 IT'S, FIVE, 10. OKAY. AND BROUGHT WHAT WAS THE BROADWAY? RIGHT. AND I SEEN THE DETENTION POND. IT LOOKS, UH, ON, ON KEPT, UH, FULLY UNCAPPED. UH, AND IT LOOKS LIKE, UH, NOBODY'S PAYING ATTENTION TO THAT AT ALL. SO WHEN YOU TALK ABOUT ONSITE, DETENTION, PONDS SHALL BE PRIVATE AND PROPERTY OWNERS SHALL BE RESPONSIBLE FOR THAT PROPER MAINTENANCE. WELL, THAT WOULD BE YOU. I MEAN, YOU KNOW, IT'LL BE THE HOA. OKAY. THE HOA, AND THAT CAN BE ADDED AS A PLAT NOTE. I BELIEVE MR. SAUCY, UM, NO, BUT IT, IT COULD REQUIRE THAT, AND IT COULD BE A PLATINUM THAT THE HOA IS FORMED. HERE'S WHAT THE PROBLEM IS. AND I UNDERSTAND WHAT THE DEVELOPER'S CONCERN IS, BUT RIGHT NOW YOU DON'T HAVE AN HOA AND YOU HAVE A DEVELOPER AND THE DEVELOPERS TYPICALLY FORMULA CS. AND THAT DEVELOPER MAY OR MAY NOT BE AROUND TWO YEARS FROM NOW, THREE YEARS FROM NOW. SO THE PROBLEM IS YOU HAVE AN OBLIGATION AND IT SAYS QUERY ON THE PLATTE NOTE, THAT DETENTION POND SHALL BE PRIVATELY MAINTAINED, BUT PRIVATELY MAINTAINED BY WHO I THINK THE WHOLE CONCEPT BEHIND HAVING THESE RESTRICTIONS UPFRONT IS NOT TO [01:40:01] MICROMANAGE THE HOMEOWNER'S ASSOCIATION RULES. IT'S TO MAKE SURE WE HAVE COVENANTS THAT RUN WITH THE LAND FOR THE MAIN MAINTENANCE OF THOSE DETENTION PONDS TO ENSURE THAT THAT DOES NOT BECOME A PUBLIC BURDEN. RIGHT. AND, AND THAT, AND THAT'S WHAT YOUR CITY MANAGER IS TRYING TO PROTECT THE CITY FROM IN THIS, IN THIS INSTANCE. SO WE'RE JUST SUGGESTING SIR, THAT, UM, THAT PRIOR TO HIM BEING ABLE TO SELL ANYTHING IN THE, IN THE PROJECT THAT THAT WOULD BE IN PLACE. UM, WELL, I, I MEAN, I, THAT WE FORMED THE ENTITY. I MEAN, THIS HAS DONE RIGHT, BUT I, BUT, BUT IT IT'S, IT'S, IT'S A PRACTICE, BUT YOU ALSO RUN THE RISK OF LOVE BEING LEFT, HOLDING THE BAG. YOUR CITY MANAGER IS TRYING TO DO HERE IS TO ENSURE THAT YOU HAVE A, AN ACTUAL ENTITY, AN ACTUAL PERSON THAT'S RESPONSIBLE FOR IT, AND THAT'S GOING TO CONTINUE TO BE RESPONSIBLE FOR IT AS YOU GO FORWARD. YOU KNOW, I HOPE YOU UNDERSTAND THAT BECAUSE, UH, THERE'S, THAT'S ONE THAT I I'M SORRY, BUT WHEN IT COMES TO A STORM WATER, DETENTION, GREGG DRAINAGE, MAINTENANCE MANAGEMENT, THAT'S THE MOST IMPORTANT. AND THAT'S ONE THAT, UH, I DON'T THINK ANY COMMUNITY OUT THERE WOULD BE WILLING TO, UM, UH, NOT TO NOT TO TAKE SOMETHING LIKE THAT. AND LIKE COUNCIL SAYS HOLDING THE BAG. NO, I CAN'T DO THAT. WE'RE NOT PROPOSING THAT. AND IN OTHER COMMUNITIES, UH, W W SURE. UM, BUT US, IT DOES NOT ALLEVIATE IT BY HAVING AN HOA FORMED PRIOR TO THE FINAL PLAT, BECAUSE IF, IF THE HOA WAS TO GO INTO DEFAULT AND NOT EXIST ANYMORE, THAT WOULDN'T BE CONTROLLED BY WHETHER OR NOT WE HAD FILED THAT AHEAD OF TIME. UM, FRANKLY WE'RE RESPONSIBLE FOR ALL OF THE HOS, UH, COSTS UNTIL WE'VE SOLD OUT ENOUGH, WHICH SINCE WE'VE GOT THE MAJORITY, WE'VE GOT IT IN OUR CNC AND OURS TO BE RESPONSIBLE TO 85% OF THE LOTS ARE, ARE SOLD. SO WE'RE ON THE HOOK, WE'RE PROVIDING A BOND, WHICH IS A SURETY, UM, THAT ALLEVIATES THOSE CONCERNS. AND WE CAN PUT, I BELIEVE WE CAN PUT TERMS IN, IN THE AGREEMENT THAT WOULD REQUIRE A PRIOR TO ANY SALES BEING, UH, APPROVED. SO WE COULDN'T CLOSE ON A PIECE OF PROPERTY IF THAT HOA WASN'T IN PLACE AND WE, YOU KNOW, THE WAY WE'VE DESIGNED IT, IT WOULDN'T HAPPEN ANYWAY. GOOD. COULD YOU EXPLAIN HERE ON THE, ON THE PLOT LOT IS LOT THREE SUPPOSED TO BE IN DETENTION POND? YES, SIR. RIGHT. SO JUST ON LOT THREE BY ITSELF, IT'S JUST A WHOLE DETENTION POND, SIMILAR TO WHAT'S ON BROADWAY STATES LIKE THAT, YOU GOT THREE LOTS. OKAY. SO I'VE SEEN IN SOME PLACES WHERE THEY JUST, THEY PUT UP, THEY PUT A PLAYGROUND IN THERE AND DID THAT IN EDINBURGH, BUT IT WAS KIND OF WEIRD TO ME THAT THERE WAS A PLAYGROUND INSIDE OF A SORT OF GREEN SPACE. UM, YOU KNOW, TYPICALLY THEY, THEY DON'T HOLD WATER. UH, THEY'RE DESIGNED TO DRAIN THE WATER OUT. IT'S, IT'S A TEMPORARY MEASURE. IT COLLECTS THE WATER OFF OF THE STREET AND IT HOLDS IT THERE. AND INSTEAD OF JUST, I COULD SEE THAT, AND THEN IT WOULD PROBABLY BE MANAGED BETTER IF THERE WAS A PLAYGROUND THERE AND IT WOULD BE RIGHT. SO IT WOULD BE, WE COULD KEEP EYES ON IT. YEAH. YEAH. WELL, WE'RE GOING TO PUT IN, IS, IS GRASS, YOU KNOW, WE'LL PUT SOD IN THERE, SO THAT IT'S A PLACE WHERE IT'S BASICALLY A LITTLE MINI LITTLE PARK. AND IF YOU LOOK AT D UH, LOT 10, IT'S THE SAME THING. I, I LIKED THAT. I LIKE LEAVING SOME GREEN SPACE IN THE NEIGHBORHOOD, INSTEAD OF IT JUST BEING A FENCED OFF AREA, COLLECTING SNAKES, AND THEN ME NOT ENSURING IT'S STRAINING PROPERLY. SO IF I GO TO BROADWAY, I'M WONDERING IF IT'S DRAINING PROPERLY. YEAH. THE WAY THEY GOT THAT SET UP, THERE IS ONE THING UGLY. UM, AND IT DOESN'T ADD ANYTHING TO THE NAME. AND THEN THE ONE IN ANNENBERG, I'VE NEVER SEEN IT HOLD WATER FOR AS LONGER THAN THE, AND ASSIGNED TO AN EMPTY OUT WITHIN HOURS OF THAT, OF IT FILLING UP. THAT'S INTERESTING. AND, YOU KNOW, WE, IT ALL ACROSS THE COUNTRY, I'VE BUILT EVERYWHERE. AND THIS IS, UH, A BIG USE OF THESE DETENTION AREAS IS TO CREATE PARKS IN THEM BECAUSE IT'S NOT GOING TO DESTROY THE PARK EQUIPMENT TO HAVE IT GET WET FOR A DAY, UM, DRAINS BACK OUT. IT PROVIDES WHAT OTHERWISE WOULD BE UNUSABLE AREAS, UH, FOR THE COMMUNITY TO UTILIZE IT. I DO LIKE THAT, LIKE GREEN SPACES IN A, IN A HUNT THERE'S 103 HOMES, RIGHT? YES, SIR. THE LOTS ARE NOT AS SMALL AS I HAD ANTICIPATED SO, WELL, THE MAJORITY OF THEM ACTUALLY EXCEED THE ORDINANCE, UH, FOR SQUARE FOOTAGE. WE'VE JUST HAD TO, BECAUSE OF THE SHAPE OF THAT PROPERTY. AND THE REASON WHY WE WENT WITH THE PDD, THE PURPOSE OF THE PDD IS TO, UH, ALLOW US TO BE CREATIVE WITH A PIECE OF PROPERTY. SO WHAT WE'VE DONE HERE IS, IS, UH, TRY TO CREATE A MULTI-GENERATIONAL, UH, COMMUNITY WHERE YOU'VE GOT PEOPLE WITH STARTER HOMES OR DOWNSIZING HOMES, ALONGSIDE FAMILIES WITH, [01:45:01] UH, YOU KNOW, KIDS. AND, UH, SO WE WOULD LIKE TO LIKE TO HAVE IT, SO YOU COULD HAVE THE, THE KIDS GROW UP AND GET A STARTER HOME AND, AND, UH, HAVE THE GRANDPARENTS RETIRE AND COME, EVERYBODY LIVE IN THE SAME NEIGHBORHOOD. TALK TO ME ABOUT THE CLUSTER BOX, UM, IDEA. CAUSE I, IF I KNOW IT'S A NEW CONCEPT AND I THINK THE POST OFFICE MAKES THAT REQUIREMENT THAT THEIR CLUSTER BOX NOW, UM, SOME COMMENTS FROM CITIZENS IS THAT THEY DON'T GET THEIR CLUSTER BOX AND THEY HAVE TO GO TO THE POST OFFICE UNTIL AFTER MOST OF THE DEVELOPMENT IS SET UP. IS THAT CORRECT? OR IS IT JUST BECAUSE NOT THIS, THIS IS NOT GOING TO HAPPEN. IT MIGHT BE ANOTHER NIGHTMARE SCENARIO. I'VE ALREADY ORDERED THE CLUSTER BOXES GO IN. FIRST, THEY GO IN WHEN WE CAN CURB AND GUTTER AND, AND, UH, AND THE PORTIONS OF SIDEWALK, YOU KNOW, WE'VE DESIGNED THESE TO HAVE ADA RAMPS SO THAT SOMEBODY CAN GO UP DIRECTLY TO THE CLUSTER BOX. THERE'LL BE THAT SECTION THAT'S IN FRONT OF THE CLUSTER BOX THAT HAS A SIDEWALK ON IT. UM, UNTIL THE LOTS NEXT TO IT ARE SOLD. OH, YOU'VE ADDRESSED ALL MY CONCERNS. AND YOU WENT BACK AND LOOKED FOR THEM THE LAST TIME WE TALKED. I APPRECIATE THAT. I'M JUST ASKING AGAIN, UH, I DIDN'T SEE, UH, WHAT'S A WIDOW, THE STREETS 33 FEET, 33 FEET. AND THAT'S, THAT'S THE SAME, REGARDLESS ON THE, ON THE MAIN STREET COMING IN, UM, IS, HAS A 60 FOOT RIGHT AWAY. AND THEN IT'S JUST THE LOOP AND THE CULDESAC THAT ARE 50 FOOT RIGHT AWAY. SO YOU'LL NOTICE A STREET WITH IS EXACTLY THE SAME AS FAR AS, UM, THE UTILIZATION OF IT. YEAH. IT'S 32 FEET, A RESIDENT ONE, THE GARAGE IS, UM, IS THE DRIVEWAY GOING TO BE ABLE TO HOLD HOW MANY CARS ARE CAPACITY AT, AT, AT MINIMUM, IF THEY GO FRONT OF THE HOUSE ALL THE WAY TO THE, UM, UH, I, I BELIEVE THAT MEETS AND BOUNDS WITH LEFT OPEN TO ALLOW A SINGLE, UH, DRIVEWAY WE'RE PUTTING IN OUR GOVERNANCE. UM, AT LEAST ON THE, UH, STANDARD SIZED, LOTS OF 60 FOOT LOTS, THAT'S GOING TO REQUIRE A DOUBLE DOUBLE GARAGE. WE BUILT A DOUBLE GARAGE ON A 50 FOOT LIGHT A LOT AS WELL. SO, UM, I DON'T HAVE A WAY OF SHOWING YOU WHAT OUR LOT SELECTIONS ARE, BUT, UM, AGAIN, WE'RE ONLY LOOKING AT SELLING OFF CORNERS TO OTHER BUILDERS, A LIMITED AMOUNT OF THE STANDARD LOTS. UM, WE WILL SELL CULDESAC LOTS, UH, AS WELL TO, TO RESIDENTS OR BUILDERS YEAH, I THINK, UH, UH, BECAUSE OF MY SUBDIVISION OVER THERE, THAT, UH, THAT I HAVE, UH, YOU HAVE TWO CARS AND USUALLY TWO CARS AT NIGHT. AND ESPECIALLY WHEN THERE'S A SMALL CAR, TWO SMALL CARS, IT'S GREAT. WHEN YOU HAVE TWO LARGE VEHICLES OR TWO TRUCKS ON THE SITE, IT'S VERY, VERY TIGHT. AND I'M SURE THAT THE FIRE DEPARTMENTS ARE GOING TO BE ABLE TO GO THROUGH THERE. THAT'S IN MY SUBDIVISION, THERE ARE MOSA, UH, PART OF OUR CO COVENANTS WILL BACK THE CITY'S ORDINANCE UP AS FAR AS NOT HAVING CARS PARKED IN THE SIDEWALK. SO WE'RE DESIGNING IT. SO IT'S DEEP ENOUGH THAT A CAR CAN GET IN THERE. OTHERWISE THEY WOULD HAVE TO PARK ON THE STREET IF THEY'RE NOT IN THEIR GARAGE. WELL, THE DRIVEWAY WOULD ALLOW FOR ONE IN THE GARAGE, IF IT'S A SINGLE AND TWO ON THE DRIVEWAY AT MINIMUM ONE ON THE DRIVEWAY, DEEP ENOUGH FOR TWO CARS TO STACK. OKAY. UM, AGAIN, WE, THEY COULD, THEY COULD HAVE A SINGLE CAR GARAGE AND A DOUBLE WIDE DRIVEWAY, I BELIEVE THE WAY IT'S WRITTEN. UM, YES, WE WOULDN'T HAVE MORE THAN THAT BECAUSE YOU'RE TRYING TO LIMIT THE AMOUNT OF CONCRETE IN THE FRONT YARD. YEAH. UH, YOU WANT IT TO BE LANDSCAPED AND ATTRACTED THAT WAY. SO I GUESS WHAT WE'RE ASKING IS, IS JUST TO MAKE THOSE AMENDMENTS TO, UH, AGAIN, UH, THE ONE, THE ONE PORTION THAT CREATES A CATCH 22, WHERE WE DON'T HAVE AN OPPORTUNITY TO FILE A PLAT, UM, IN ORDER TO BE ABLE TO FILE CCNRS. UM, AND AGAIN, WE CAN, WE CAN MAKE THAT A RESTRICTION ON SALES FOR THE, FOR THE LOTS. UH, IF THAT, IF THE HOA IS NOT FORMED AND A CC AND RS ARE NOT FILED, SO WE'RE NOT ASKING YOU TO LEAVE YOURSELF UNPROTECTED. WE'RE NOT ASKING YOU TO TRUST US, NOT TO BE THE NIGHTMARE YOU'VE LIVED. IT SOUNDS LIKE EVERY MAJOR DEVELOPMENT [01:50:01] HERE, BUT AGAIN, I I'D HAVE TO CALL ON YOU. WHAT DOES THE SENIOR CITY TO CONTROL CCNR? WHAT IS THAT? THAT'S YOUR COVENANTS AND RESTRICTIONS ON, ON THE, UH, HOA ITSELF. SO THAT'S THAT SAYS, IF YOU WERE, YOU SIGN THEM, IF YOU GO INTO A, UM, A COMMUNITY WITH AN HOA, YOU SIGN THE, UH, COVENANTS RESTRICTIONS, UH, THAT, WELL, IT'S THE CCNRS, REMEMBER THE OTHER C, BUT, UM, THAT, THAT MEANS YOU'RE AGREEING TO BUILD THIS CERTAIN WAY. YOU'RE AGREEING TO ALL OF THE RESTRICTIONS THAT WE'VE PUT IN, YOU KNOW, LIKE, UH, MEETING THE CITY'S REQUIREMENTS, LIKE THE ARCHITECTURAL DESIGN, UH, COMPONENTS THAT WE'LL APPROVE AS A, YOU KNOW, AS AN ARCHITECTURAL REVIEW COMMITTEE, UM, SO THAT WE CAN GET CONSISTENCY OF QUALITY. MOSTLY. IT'S WHAT WE'RE LOOKING FOR IN A, IN A SUBDIVISION WE'RE INVESTING A LOT, SO WE DON'T WANT IT. WE DON'T WANT TO BUILD SOMETHING THAT'S GOING TO END UP TAKE, BEING TAKEN OVER AND, AND NOT FULFILL WHAT OUR OBJECTIVE IS TO CREATE. UM, SO MAYOR COMMISSIONER, SO ARE YOU ASKING TO A TABLE A MATTER AND ADDRESS THE SIDEWALKS BY ORDINANCE AMEND THIS ORDINANCE? EXCUSE ME, THE CURRENT ORDINANCE REQUIRES SIDEWALKS THIS ORDINANCE WITH, TO PROCEED THAT ORDINANCE IN THIS PARTICULAR DEVELOPMENT YES. CASTLE. UM, OF COURSE WE'RE GOING TO BE YES. YEAH, NO. YEAH. THIS ORDINANCE IS ONLY SPECIFICALLY BY MEETS AND BOUNDS. YES. SO IT ONLY PERTAINS TO RUSSELL RANCH, NOT ANY OTHER DEVELOPMENT. SO I JUST NEED TO KNOW WHAT'S THE TIME PERIOD FOR ME, THIS IS SOMETHING WE NEED TO DISCUSS, I THINK. OKAY. SO THEN MY, MY RECOMMENDATION AMERICA COMMISSIONERS, THIS BE TABLE ITEMS 14, 15, AND 16 FOR THE NEXT MEETING. SO WE CAN ADDRESS THIS OR MAKE A MOTION. THANK YOU. OKAY. DO YOU ALL WANT TO TAKE IT TO EXECUTIVE SESSION? CAN WE TAKE IT TO EXECUTIVE SESSION? SO W W WE'RE NOT GOING TO BE ABLE TO DROP THE LANGUAGE TONIGHT AND WE'RE GOING TO SEE EXACTLY WHAT WE'RE PUTTING IN THERE. YEAH. I, I THINK, I THINK IF WE NEED TO SIT DOWN AND TO TWEAK THE ORDINANCE, I THINK THE BEST THING TO DO IS TABLE IT, BECAUSE I'M GOING TO BE IMPOSSIBLE TO DO THAT TONIGHT, UH, TO SEE IF WE CAN COME UP WITH WAYS THAT PROTECT BOTH THE CITY'S INTERESTS AND ALSO, UH, PERMIT THE DEVELOPER TO MOVE FORWARD. THE PREVIOUS ORDINANCE, OUR PERMITTING POWER, WHICH IS MY YOU'RE NOT YOU'RE, YOU'RE NOT YOU'RE YOU'RE, YOU'RE, YOU'RE, YOU'RE TALKING ABOUT TABLE AND AUTHOR TALKING ABOUT TABLING, ALL THREE ITEMS. YOU'RE JUST GOING TO GIVE STAFF THE OPPORTUNITY TO COME BACK TO YOU IN TWO WEEKS. OKAY. PROBABLY THAT CREATES FOR US IS THAT THIS IS KIND OF TONIGHT IS, IS WHEN WE NEED TO KNOW WHETHER OR NOT WE'RE MOVING FORWARD. UM, YOU KNOW, IT'S, IT'S, WE WE'VE ASKED THAT THIS BE NEGOTIATED. WE'VE ACTUALLY BEEN TALKING ABOUT THIS SINCE LAST OCTOBER. I BELIEVE THAT THERE, THERE IS SOMETHING THAT WE COULD DRAFT TONIGHT OR PUT ON THE PLATTE NOTE TONIGHT. UH, WE HAVE EVERYBODY HERE TO DO THAT, SO I WOULD JUST, WOULD YOU BE OKAY IF WE TAKE THIS TO EXECUTIVE SESSION, LOOK OVER THE POINTS ONCE WE'RE IN AGREEANCE AND CAN PRESENT THAT TO YOU, IF YOU'RE OKAY WITH THAT? SURE. WE'VE GOT, YOU KNOW, THAT IT'S A GUARANTEE OF WHAT'S COMING BY THE NEXT MEETING IN ORDER TO PROPERLY LIKE LEGALLY DRAFT THE PROPER VERBIAGE ON IT, BUT IF WE ARE IN AGREE, AND SO WITH THAT CHANGES, WOULD THAT NOT AFFECT YOUR TIMELINE? IF WE'RE BOTH ON THE SAME PAGE BEFORE THE END OF THE NIGHT, I'D HAVE TO SPEAK WITH MY PARTNERS ON IT. UM, YOU KNOW, THIS IS, THIS IS SOMETHING AGAIN THAT WE'VE, WE'VE TRIED TO RESOLVE AHEAD OF TIME AHEAD OF THIS EACH MEETING WE'VE GOTTEN THESE DRAFTS, UM, ON THE 15TH, WE GOT THAT DRAFT AT TWO O'CLOCK IN THE AFTERNOON WHEN THE MEETING WAS AT FIVE 30, UH, WE, WE GOT THE AMENDMENTS TO THIS DRAFT AND WE'RE ONLY ABLE TO START COMMENTING ON THEM. WE RECEIVED THOSE LAST THURSDAY AT THE END OF THE DAY. UH, SO WE HAVE TRIED TO SIT DOWN WITH STAFF AND TRY TO BASICALLY I'M BEING TOLD THAT YOU'RE THE BOSSES AND THE CITY MANAGER NEEDS TO ANSWER TO YOU. UM, BUT WHAT WE'RE, WHAT WE NEED TO DO IS I THINK THAT WE COULD AT LEAST SIT DOWN AFTER YOU GO INTO EXECUTIVE SESSION. MAYBE WE CAN SIT DOWN AND JUST GO OVER THE POINTS. I HAVE A ROUGH DOUBT, UM, YOU KNOW, A MARKED UP COPY OF IT THAT I THINK THAT SHOULD BE ACCEPTABLE. UM, [01:55:02] YEAH. CAN WE JUST, CAN WE ASK THAT WHEN YOU SEE THE PARAGRAPH THAT HE HAS THAT WAY? YEAH. YOU CAN SEE WHERE WE STAND ON THESE POINTS BEFORE YOU DECIDE TO EITHER WALK AWAY OR NOT KNOWING THAT IF WE DO AGREE WITH THIS POINTS, WE'RE BOTH ON THE SAME PAGE. IT'S BASICALLY JUST GETTING THE LEGAL PART OF IT, THE DOCUMENTATION. YEAH. NOW I CAN'T DROP THIS TO EXECUTIVES AND YOU CAN MOVE TO EXECUTIVE SESSION TO HAVE CONSULTATION WITH LEGAL COUNSEL ON THIS ISSUE. YES, YOU CAN. OKAY. YEAH. YEAH. SO I, YOU KNOW, WHAT I WOULD LIKE TO SUGGEST IS ACTUALLY THAT WE APPROVE THE PLAT TONIGHT WITH A NOTE, UM, PENDING THE AMENDMENTS OF THE REQUIRING. W WE PUT A NOTE ON THERE REQUIRING THAT, UM, I, I BELIEVE THAT WE CAN JUST DRAFT THAT LANGUAGE SIMPLY, AND AT LEAST WE HAVE A FINAL MAP APPROVED, WHICH IT WILL ALLOW US TO START, UH, WITH THE REST OF WHAT WE NEED TO DO AS FAR AS GETTING THOSE CC AND RS COMPLETE. UM, AND MOVING FORWARD ON THIS PROJECT, WE'VE, WE'VE HAD A LOAN IN PLACE SINCE NOVEMBER. WE'VE BEEN IN THIS PROCESS NOW FOR EIGHT MONTHS. UM, AND I, I THINK THAT WE'RE, WE'RE STICKING ON A COUPLE OF LITTLE MINOR ITEMS, BUT, UH, FILING OF THE PLAT IS VERY IMPORTANT FOR US TO KNOW, BUT WE DEFINITELY DON'T WANT TO HOLD YOU BACK. WE WANT TO PROTECT THE INTEREST OF, WE UNDERSTAND THAT BECAUSE TIME AND TIME IT'S HAPPENED BEFORE, AND I SEE EXAMPLES OUT THERE, AND YOU DID NOT HAVE ANY PROTECTIONS IN PLACE. YOU DID NOT HAVE A SURETY BOND. THAT'S WHAT I WANT TO ENSURE. SO THANK YOU, MARION COMMISSIONERS. I APPRECIATE MR. FLOOD AND STATEMENTS, BUT THESE LOT DEMENTIAS WERE PROVIDED TO US ON THURSDAY. ALSO, HE CHANGED A LOT SIZES FROM 1400 TO 1200 AND THEN INCREASED IT FROM ABOUT 18 TO 2100. SO WE ALL MAKE CHANGES AT THE LAST MOMENT. AND PLUS COMMISSIONER GARCIA, WE HAVEN'T SLOWED DOWN ANYTHING. IF YOU GO OUT THERE, THERE'S BEEN A CLEARING PERMIT. SO, AND WE TALKED ABOUT GRADING. SO THEREFORE WE ARE CERTAINLY WORKING WITH OUR DEVELOPERS TO MEET THEIR TIMELINES, REGARDLESS OF WHERE WE STAND WITH THIS PRINCE, BECAUSE, UH, WHERE THAT LOAN IS, WHERE THAT PLACE IS. IS IT MY CONCERN WAIT, IS, IS THAT WE HAVE ISSUED A CONDITIONAL PERMIT TO SORT THAT, AND THEY'RE ALWAYS AT RISK WHEN THEY'RE GOING THROUGH THIS PROCESS. SO WE HAVEN'T HELD UP ANYTHING WHEN IT COMES TO CONSTRUCTION. SO MY, AGAIN, MERIT COMMISSIONERS, MY RECOMMENDATION IS THAT WE TAKE THESE THREE ITEMS INTO EXECUTIVE SESSION SINCE WE ALREADY HAVE SOMETHING CONSULTATION WITH THE CITY ATTORNEY ON ANOTHER MATTER. SO WE CAN GO, OKAY, MOTION TO TABLE THIS AND THROW INTO IS THEY'RE GOING TO SAY YOUR SESSIONS. OKAY. UM, WHICH IS GOING TO BE, I DON'T KNOW, 14, 15, AND 16, I THINK 16. AND WE'LL COMBINE IT WITH 17 IN AN EXECUTIVE SESSION. THERE YOU GO. OKAY. SO WE'D [17. Executive Session] LIKE TO JUST ASK THAT YOU CONSIDER, UH, APPROVING THE FINAL PLAT TONIGHT, UH, PENDING THOSE, THOSE, THOSE OTHER ISSUES SO THAT THAT'S NO LONGER TABLED. OUR, OUR LENDER WILL BE, UH, WILL BE REST ASSURED, UH, AND, UH, I THINK IT'LL BE OKAY. OKAY. GOING TO HOLD ON. I GOT A, UH, COMMISSIONER GOT A TABLE BY COMMISSIONER. WE HAVE PROTOCOLS SECOND BY COMMITTEE TABLE TO GO INTO EXECUTIVE SESSION. YOU DON'T HAVE TO, YOU'RE NOT SELLING ANYTHING. WE'RE JUST SIMPLY GOING INTO EXECUTIVE SESSION WITH CONSULTATION, LEGAL COUNSEL ON THOSE ISSUES. OKAY. MOTION TO TAKE A 14, 15 AND 16 INTO EXECUTIVE SESSION CONSULTATION WITH LEGAL COUNSEL CONSULTATION WITH LEGAL COUNSEL. OKAY. WHEN PEOPLE, OKAY. SO I GOT A MOTION BY, BY COMMISSIONER VIA FRANCO SECOND BY COMMISSIONER GARCIA. ALL IN FAVOR. YES. AND NOW YOU READ THE ITEM FOR 17 WILL BE OKAY. AND YES, WE'RE GOING TO GO INTO EXECUTIVE SESSION. SO THE TIME IS 7 28 AND WE'RE GOING INTO EXECUTIVE SESSION AND THE TIME IS, UH, 8 45 OR BACK FROM EXECUTIVE SESSION. UM, WE'RE GOING BACK TO ITEM [14. Consideration and possible action to approve Ordinance Number 2601-03-2022(Z), Russell Ranch Planned Development District, after Second and Final Reading, Amending Zoning Ordinance Number 2252 and Amending the Zoning Map of the City of San Benito to Change the Zoning of a Property by Changing the Zoning Classification on the Land Legally Described as 27.273 Acres of Land, more or less, being the West 5 Acres of Lot 22, the West 2.273 Acres of Lot 21, and All of Lots 49, 51, 52, and 53, Resaca Front Subdivision, City of San Benito, Cameron County, Texas, as Recorded in Volume 2, Page 21, of the Map of Records of Cameron County, Texas; Said 27.273 Acres of Land Being More Particularly Described by Metes and Bounds, Incorporated Herein for All Purposes, From its Present Classification of Single Family One (SF-1) and Agricultural and Open Space (AO), to Planned Development District -Single Family One (PDD-SF-1), Providing for Planned Development District -Single Family One (PDD-SF-1) Standards Applicable to the Property Attached and Incorporated as "Exhibit A", and Providing an Effective Date. (Part 2 of 2)] NUMBER 14. DO I HAVE A MOTION TO PROCEED? I HAVE MOTION FOR NUMBER 14. YES, THE MOTION. OKAY. SO IT'S GOING TO BE, UH, UH, I'VE GOT A MOTION BY AMERIPRO TIM. SECOND, SECOND BY COMMISSIONER. UM, YEAH. FRANCO, YOU COULD JUST SPEAK THE MOTION. EXCUSE ME. COULD YOU, I HEARD, I, I HAVE A MOTION, BUT WHAT IS THE MOTION TO APPROVE A MOTION TO APPROVE A ADAM OR 14? OKAY. DO I GET A MOTION BY AMERIPRO TIM SECOND BY COMMISSIONER MARIA FRANCO ALL IN FAVOR. ANY NAYS MOTION PASSES. [02:00:01] OKAY. BUT I WILL PREFACE THIS, THAT WE ARE ALL IN AGREEMENT OF MOVING FORWARD AND WORKING WITH YOU. UM, SO IN ADDITION TO THIS, WE WOULD LIKE TO INVITE YOU TO COME BACK AND MEET WITH US TO EITHER ONE, AMEND THE ORDINANCE TO SOMETHING WE CAN AGREE WITH, OR TO GO AHEAD AND ENTER INTO A THREE 80 AGREEMENT. THAT WOULD BE, LIKE I SAID, SOMETHING WE CAN BOTH MUTUALLY AGREE TO. UM, I KNOW YOU WANT IT, THIS PUSH TONIGHT, AND YOU WERE ADAMANT ABOUT HAVING IT PUSH THROUGH TONIGHT, WHICH IS THE REASON WHY WE ARE ACCEPTING IT TO GO AHEAD AND GIVE YOU THAT ABILITY TO MOVE FORWARD. UM, BUT I KNOW THERE ARE SOME THINGS YOU WERE IN AGREEANCE WITH ON THE ORDINANCE, WHICH WE ACTUALLY AGREE WITH YOU ON THE MAJORITY OF THEM SO, UM, WE DO HAVE A CONSENSUS OF OUR GOVERNMENT BODY THAT WE DO WANT TO WORK WITH YOU. THERE ARE SOME THINGS THAT WE ARE GOING TO CHANGE AND MOVE FORWARD WITH YOU ON HOWEVER, WE DO NEED TO SIT DOWN AND MAKE SURE IT'S WRITTEN IN PROPERLY. SO HOW DO WE OVERCOME THE CLAUSES ABOUT HAVING A CCNR FILE PRIOR TO, UH, PRIOR TO THE FINAL PLAT THAT'S I SUGGEST THAT, UM, YOU AND WE'RE ASSOCIATED WITH YOU ON THIS, UH, TALK TO YOUR ATTORNEYS AND WE HAVE OUR COUNSEL AS WELL AND GET TOGETHER AND SEE WHAT WE CAN WORK OUT, UH, COME BACK AND WE'LL WORK WITH YOU. OKAY. I MEAN, THEY THEY'VE SPOKEN A WORD AGAINST ME. WE DON'T AGREE WITH YOU. THERE ARE MANY OF THE THINGS THAT YOU DID BRING UP TO OUR ATTENTION THAT WE DO AGREE WITH YOU, AND WE'RE GOING TO MOVE FORWARD ON. HOWEVER, JUST BECAUSE YOU DID WANT THIS PUSH FORWARD IS THE REASON WHY WE VOTED IT IN THAT WAY WE CAN MOVE FORWARD ON IT, BUT WE ARE WILLING TO SIT DOWN WITH LEGAL COUNSEL AND MAKE SURE THAT WE DRAFT THIS UP PROPERLY AND BOTH OUR INTERESTS, SORRY, THIS WAY AT THE SAME TIME, THE CITY HAS AN ORDINANCE TO MOVE FORWARD WITH YOUR PLAN AND GOING BACK TO, WE'RE ABLE TO MOVE FORWARD AT THIS POINT. I MEAN, THERE'S SOME THINGS, EVEN ON THE PLAT THAT WE AREN'T IN AGREEANCE WITH THAT ACTUALLY DO MAKE ME, I'M NOT GOING TO LIE A LITTLE BIT NERVOUS TO MOVE FORWARD ON, BUT I THINK THAT LEAVES US BOTH IN A POSITION WHERE WE DO WANT TO MOVE FORWARD AND MAKE CHANGES TO IT. YEAH. W I MEAN, YOU'LL FIND THAT WE'RE COMPLETELY DEPENDABLE ON WHAT WE'RE OFFERING YOU. WE UNDERSTAND YOUR CONCERNS. UM, SO YEAH, LIKE WHAT ELSE, THERE'S ONE POINT OF CONTENTION THAT WE MAINLY WANT TO FOCUS ON, BUT WE ARE IN AGREEMENT WITH THE SIDEWALK. WE ARE IN AGREEMENTS WITH, UM, THE SIDES OF THE STREET THAT, SO THERE'S MANY THINGS THAT WE DO AGREE WITH YOU. IT WAS JUST ONE POINT OF CONTENTION THAT WE DO WANT TO, SO WE'LL BE ABLE TO AMEND THAT BEFORE THE NEXT MEETING IS THAT, UM, I THINK IT'S GOING TO TAKE ONE READING AND THEN ACCEPTANCE OF THE AMENDMENT. RIGHT? I, I THINK, I THINK WHAT THE COMMISSION IS INDICATING TO YOU, THAT THEY'RE WILLING TO MEET ME AND POSSIBLY SUBMIT AN AMENDED ORDINANCE. I THINK IT WOULD TAKE TWO, TWO READINGS, BUT, UM, BUT WE CAN GET, WE CAN START THAT PROCESS IMMEDIATELY TO ADDRESS YOUR CONCERNS. OKAY. WHICH IS THE ONE TO LOSE THE, THE, UH, THE PROJECT RIGHT NOW. OKAY. WE DON'T WANT YOU TO LOSE IT. WE'RE TRYING TO BE IN AGREEMENT THEN, YOU KNOW, WE'RE JUST TRYING TO, UM, WORK WITH YOU AND HELP US, YOU KNOW, WORK WITH YOURSELF, UH, WITH US, WHAT WOULD EACH OTHER, AND TRY TO GET THIS MOVING AS FAST AS WE CAN AND ALL YOUR IN ENTITLEMENT LIMIT. AND, UH, SO, UH, COUNSEL WILL TRY TO DO HIS VERY BEST TO GET THIS THING UP AND GOING AND WITH AGREEMENT AND THEN BRING IT BACK TO US. OKAY. SO WHAT, WHAT WOULD THAT DATE BE THEN FOR FINAL, FINAL ON, WELL, I MEAN, IT'S GOING TO DEPEND ON THE CONVERSATIONS WE HAVE, BUT I JUST PROBABLY INVITE MICHELLE. HE MAY CALL, UM, AND, AND WE CAN START WORKING ON SOMETHING TO PRESENT IT TO THE COMMISSION AT THE NEXT MEETING. OKAY. SO THE DATE OF THE NEXT MEETING WAS TWO WEEKS FROM NOW OR TWO WEEKS. OKAY. YEAH. I MEAN, I I'LL, ULTIMATELY, WHAT I WOULD LIKE TO DO IS I'D LIKE TO BE ABLE TO REACH AN AGREEMENT WITH YOU GUYS AND THEN HAVE IT PRESENTED AT THE NEXT MEETING OF THE STATE COMMISSION, EVEN THEN IF NECESSARY, WE CAN DO A SPECIAL MEETING. I WAS GOING TO ASK. OKAY. YEAH, THAT'D BE GREAT. YOU KNOW, WE'RE JUST TRYING TO, WE'RE JUST TRYING TO GET GOING. UM, SO YOU ALL COME IN AGREEMENT WITH THE CONSOLE THEN, YOU KNOW, IT'S, BEFORE YOU SAID MOST OF THE THINGS WERE IN AGREEANCE WITH THESE. SO WE HAVE NO PROBLEM WITH SIGNING IT OVER. IT'S JUST ONE BIG ISSUE. I THINK THAT WE'RE ALL IN AGREEANCE ON THAT WE WANT TO ADDRESS WITH YOU. DO YOU MIND SHARING THAT OR, UM, I CAN'T COUNSEL NOTES ARE CONCISE. I PREFER ANY INJURES ISSUES THAT ARE IN CONTENTION, THOSE TO BE BROUGHT UP, UH, YEAH. BETWEEN IN SUBSEQUENT. RIGHT. OKAY. ALL RIGHT. LET ME SEE. YOU'VE APPROVED THAT THEN THEY SAID, YES, WE'RE GOING TO APPROVE ALL. [02:05:03] OKAY. UH, I REMEMBER 15 [15. Consideration and possible action to approve a Preliminary and a Final Plat of the Russell Ranch Subdivision, bearing a Legal Description of 27.27 Acres of Land more or less, being the West 2.273 Acres of Lot 21, Wests 5 Acres of Lot 22, and All of Lots 49, 51,52, and 53, Resaca Front Subdivision, City of San Benito, Cameron County, Texas, Recorded in Volume 2, Page 21, of the Map Records of Cameron County, Texas. Applicant: U R Home Texas, LLC.] CONSIDERATION POSSIBLE ACTION TO APPROVE THE PRELIMINARY AND FINAL PLATS OF THE RUSSELL RANCH, RUSSELL RANCH SUBDIVISION BEARING THE LEGAL DESCRIPTION OF 27.27 ACRES OF LAND, MORE OR LESS BEING THE WEST. UH, 2.273 ACRES OF LOT 21 WEST FIVE ACRES OF LOT 22 AND ALL OF LOTS, 49 51, 2 AND 53 RECYCLED FRONT, A SUBDIVISION CITY OF SAN BENITO, CAMERON COUNTY, TEXAS RECORDING AND VOLUME TWO PAGE 20. ONE OF THE MAP RECORDS OF CAMERON COUNTY, TEXAS. UH, I BECAME, UH, YOU ARE HOMES, TEXAS, LLC, AND MR. DELAROSA PRESENTED SARAH AND AARON COMMISSIONERS, WHERE A STAFF IS RECOMMENDING APPROVAL OF THE PRELIMINARY AND FINAL PLAN WITH THE NOTATION CHANGE THAT I GAVE YOU TONIGHT IN THE PLATTE. THE HARD COPY, UH, THE PLAT KNOWS NUMBER 16, VERY SPECIFICALLY SAYS LOT D THREE COMMA AND D 100 OR RESERVES DEDICATED FOR STORM SEWER DETENTION ONLY BECAUSE THE PRIOR WORD WAS DRAINAGE OR DRAIN. SO FIRST THAT IT'S A STORM SEWER AND NOT A DETENTION POND. SO, UM, SO WITH THAT CHANGE, WE RECOMMENDED THAT THE PRELIMINARY FINAL PLAT, UH, BE APPROVED NOW, OF COURSE, ONCE. OKAY. DO I HAVE MOTION? YOU GOT EMOTION BY A MIRACLE ATTEMPT. SECOND, SECOND. ALL IN FAVOR. ANY NAYS MOTION PASSES, [16. Consideration and possible action to accept and approve a Texas Private Works Performance Bond from Lexon Insurance Company on behalf of U R Home Texas LLC pertaining to the Russell Ranch Planned Development District.] NUMBER 16 CONSIDERATION AND POSSIBLE ACTION TO ACCEPT AND APPROVE THE TEXAS PRIVATE WATER, UH, PERFORMANCE BOND FROM, UH, LEXAN, UH, INSURANCE COMPANY. ON BEHALF OF YOU, OUR HOMES, TEXAS, LLC, PERTAINED TO THE RUSSELL RANCHER PLANT, THE DEVELOPMENT DISTRICT AND MANY DEALER WAS A PERCENT OF THE CENTER. MARY COMMISSIONERS. AGAIN, STAFF IS RECOMMENDING APPROVAL OF THE PERFORMANCE BOND. PLEASE NOTE THAT IT HAS A 25 MONTH PERIOD FROM THE TIME IT'S EXECUTED, BUT AGAIN, WE'RE RECOMMENDING THE APPROVAL. YEAH. ANY QUESTIONS? DO I HAVE MOTION MOTION BY MIRA PAUL, TIM. SECOND, SECOND BY COMMISSIONER. ALL IN FAVOR. ANY NAYS MOTION PASSES. YEP. AND AM RATING CONSIDERATION POSSIBLE ITEM NUMBER 17. NO ACTION TAKEN ACTION. I'M SORRY. YES. [Items 18 & 19] I DON'T REMEMBER 18 NOR ACTION. OKAY. YET I'M 19 IN GERMAN. DO I HAVE MOTION TO ADJOURN? ALL IN FAVOR. AYE. ANY NAYS MOTION PASSES TO THE JOURNAL? THE TIME IS 8 53, WHERE JORDAN. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.