Do your heavenly Father come to you tonight and ask for your grace and blessing in your wisdom such that we may conduct city business. Please allow us to set aside our differences in the best interest of the citizens that we live in this wonderful country, in this constitutional republic such that we have free will and choice to do the things that we think are necessary in order to move our lives forward under the grace of your son Jesus Christ. Thank you very much for all of your wonderful blessings and say these things in the name of your son. Amen. I pledge allegiance to the flag of the United States of America and to the Republic for which it stands, a one nation under God, indivisible with liberty and justice are all. You would join me in the Texas State flag. Very well. Out of the Texas flag, I pledge allegiance to the Texas one state under God, one and indivisible. God bless Texas. All right. Thank you, Councilman Dodson. Much appreciated. All right. Moving into agenda item number two, public comments. Mr. Lashard, do we have any citizens that would like to speak? We have Mayor's Court speakers. First, what is on board? It's 27th game, we're going to be in the end of our day. We will put your name in that scroll, sir. Thank you. Is Ernie Burkett here? 277 Terrence? Terri? Okay. Terri Lane. Would you care to come up with the document? He has the one to speak on an agenda. Oh, is that the agenda item? Okay. So, inserting one of the top reads. Okay. Okay. Jean, Jean Wilkinson, same thing. That's what I was writing to. You're here, okay. Okay, well we have record, we have record you, we're here last time, do you have a note from your parents? Or? They still have those yellow provisions. Yeah, and if you need to go to the restroom, get a hall pass from the air, man, it's just down the hall. No, okay, Mike and Nancy, I can't read this. Same thing, Mike and Nancy, were you here last week? Okay, make sure your parents give you. There, we have no speakers. Hi. Good to meet you. Hi. It's something very well-dissolved. All right, moving into agenda item number three, this is our consent agenda, three A, actually regarding the minutes of June 21st, 2024, special meeting and the July 9th, 2024 regular meeting, as well as three.b, actually regarding hazard mitigation plan. So I believe that all the council members have had time to review our consent agenda. So at this time, the chair will entertain a motion. Mayr, I'd like to abstain from the June 21st. I wasn't there. The July 9th is fine. The Tarracqua mitigation plan, I gave Brandon my write-ups, and I'll get with them separately, rather than remove it. From this. Okay. Thank you. Motion to approve. We have motion on the floor to approve the consent agenda items. Do we have a second? I'll second. Okay. Councilman Mormon seconds. The motion moves. All of those in favor say aye. Aye. The last two and twenty person. Those opposed. Very well. Passes. Okay, moving into agenda item number four items for individual consideration, four dot a discussion regarding contemplated state legislation involving local control of zoning being seated to the state country. Proposed House bill 1916, which calls for the notification of any proposed mud before it is enacted and engaging with bordering municipalities before proposed extraterritorial jurisdictions. Development is passed Senate bill 2038 House bill 3053. Mr. Lasha? Well, Councilmember Scott Dotson brought this to our attention and we the cities and other areas cities in Rockwall are supposed to review these, all three of these bills and give input to our representatives and Austin, who represent us locally. By I believe December the 1st, Scott and Dr. Rint. In fact, the chair of the committee for the 89 legislative agenda has asked that all legislation be input by December 1st so that it needs the late January voting process after the new representatives are sworn in at the state level. Okay. You know, so these and staff staff and we've been working, we have a, just a very preliminary discussion with our city attorney. And you know, our city attorney's office, they work, they give a ride up on a lot of this, but it's usually after or right before just prior to the executive session. But there's one for post-attune that gives us concern. And that is where the state law creates cities from enacting excelling ordinance. And their idea, their goal behind this is to bring forth affordable housing, which is a very noble goal. But in some areas, it does reach havoc on real estate markets. We're in one such market, obviously, where that could impact us our citizens financially. in the former mayor of the city Dallas, I think said it best. It's this, this mother may I approach to state governments where we the city has to go up to a higher government and say, mother may I do this or citizens want us to do this or mother may I do this or citizens. And a lot of people call me saying, why are you letting this happen? Why are you letting this happen? Why is this happening? And it's because, well don't know what we do because there's a higher bill. So that's why I think it's important. I appreciate councilmember Dawson getting involved that don't get involved with your local government, get involved with your state government as well. Now, governing body, do we have a, this is usually going to happen after December the first. I think sometime in mid-January, they have something that's called a rock wall, rock wall days at the Capitol. That, I've been to those. That is a good opportunity, might would implore some of you to get involved to actually meet with your local representatives and you'll have time to talk. They will give you a briefing on what they're doing. You get a really nice tour of the Capitol building. It's a very fascinating, but it's also good time to speak with one voice with your counterparts at other cities. And we will, uh, norm and I will, will, let you know when that happens. It's sometime in mid-Janguary I think. And so that's a good opportunity. But, but you know, we've had bills where a state is, is tried to already implement this zoning approach, zoning to basically taking away any type of density control. Cities can't implement density control. And they tried this with larger cities, Dallas, who won the last session, Dallas is suing that bill, and I think it was House bill 2021-27. And it was declared and constitutional, it's under appeal right right now is my understanding. But the way it was structured is that they can still, the state can still implement that. And you have to, I guess, engage in litigation. When you use, you got to use a lot of taxpayer money and get some help, legally, to fight this. And it's like every two years we have to go through this. So I think the message I want to convey to you is in all to the into the great crowd we've had here is getting involved. You know, we you're looking at we're not perfect, but there's there are sometimes and then sometimes it's because I screw things up, but a lot of times it's because I'm told to screw things up my higher power. And when I'm not talking about the good loyalty or still get get involved in as best you can at all levels of government. Scott, what would you add to this? Sure, Kevin, I think that this particular piece of legislation will be catastrophic for the city of Heath. We have worked incredibly hard and councils before the newest elected officials have worked incredibly hard at maintaining this one house for acre and potentially even greater as time goes forward. And having that control taken from us would be so disruptive to everything that we're trying to do here in the city of heat. Now I would add to your point Kevin that I think waiting until January is way way way too late. Because if this legislation is codified by December 1st, which Lieutenant Governor Patrick has kind of mandated for those that are working on these legislative teams, then we have to make our positions known and our voices heard with our state senator, which is Bob Hall and our representative like Katrina Pearson, so that as they go to vote and to put this legislation together, they have our voices in mind with regards to putting these things in place. Now, I've sent the same information in addition to a few other items that we may talk about in future sessions to the other mayors of Brockwell County. So, Brian McNeil and Mclimmachism, Trace Johanison, Mayor Billings and Clay up in Roy City. And they're all reviewing this with their individual city councils so that we can go in and meet with Senator Hall and John Vic who is knowledgeable about what we're doing here and so that we can present sort of a strength and numbers approach with regards to what taking control of zoning out of our cities would do to what we're trying to achieve here on a local and on a regional basis. So this is informational only. I think ideally what we'd like to get to is a point where we could come forth with a statement that we feel as though that this is not in our best interest. I don't know a mayor that feels as though that this would be in there or their community's best interest. But we have to decide that I think as a board if we're gonna put any type of statement together that allows us to go to Senator Hall, Representative Pearson and their staff and make our voices heard. Very good. I was at the commissioners court hearing over the DR court and development, which started in the Clinton Chism, they moved out of the ETAJ and the Clinton, I think it's 67 built as a proposal now, it will be 20% of population of our county instantaneously here. And there were problems. The commissioners for had a unified front and they denied it and they know it's going to be tax dollars used to fight it to slow it down and not stop it. But we historically as cities had more control, that the interesting thing about patents or Lieutenant Governor who has usually been pretty reasonable is that under the Committee for Local Government, this is listed as protection or property rights. Which is, it's laughable, it's not protection or property rights. What it is is unchecked population density. And so our county judge was very adamant at that meeting that we have a commission support right now who's standing up against urban sprawl, need to our suburban areas, trying to, but the counties have never had much power. And with muds and the ability not to make people accepting things, whether it's more land, to be able to aerate the waste product, it's super problematic. And he had said that you're gonna have to invest money in attacking gaps and maybe in the middle, and we're gonna have to go down and mass and show up not just us, but with the signature of your neighbor saying we're not in stand for this and what he said before is he thought that it was a level playground last year or the last session and he said they were like five of us in different counties and there were a hundred lobbyists and so they think we don't care. What they don't think about is that we have children, we have jobs, we have obligations, and taking time out to drive to Austin and stand there, it's very inconvenient, but what's it worth to you to have them fall with life? So you're actually right Scott. And I'm really surprised that conservatives have taken this switch and used that property rights thing because it's learning. Absolutely. Well, typically, you know, the way that these things work is that, you know, they go and they create the legislation, the legislation is passed and then we're left to interpret it on what it means to us kind of at a local level, right? And that's, as my grandmother would say, bass aquards with regards to sort of it, you know, the way that it really should be. So this is an opportunity here for this particular item and probably a few others that have a, could have a potential massive regional impact, brust try to put something forward so that before the legislation is codified, the opinions are known from the, you know, elected or the voters in the prospective areas. Yeah, I take one clarification and Scott, you're right, it's important to take action early this time. Well, this is my 12th, all the time I guess doing these two year things. What happens to December versus it is enrolled? It's enrolled to go to the 80s. And then it's required and in the state statute to go to whatever the use of the land resource committee. And so we'll be given notices and that's what Andy Alls has done. He says they're going to have a committee meeting this Wednesday. We need a bunch of people to drive out there and that's that's really when the rubber gets the road. And then at the end it is the lieutenant government based on the committee findings if they could up for a vote in the House, which happens August, September, it could happen early. And so it's you got to keep caps on it from December, all the way through the end of September, for because there's a lot of opportunities to future to which it's heard. So any any opportunity that comes up, in fact, we'll probably put it on the website when the first community here in here. So that we can not only have politicals and employees, but also allow the public to make a trip down as well and voice your concerns with your concerns. Well, thanks for socializing this, Kevin, and putting this on the agenda, because this in a few other areas could have a significant impact on our way of life here in Heath and in this part of the state. Yes, very well. Councilman and other discussion items. Thank you both. Thank you, Councilman Caldwell, Councilman Johnson. It is good to have this on the agenda, have the open dialogue. I have been quite a bit about this topic, a little mayors as well as with the commissioners for elected officials. It is very concerning. So very well moving into agenda item 4V case number C82024C1, conducted public hearing and act on an ordinance changing zoning designation from agricultural district to plan development or SF-22 single family residential uses on 158.613 acres of property located at the north of the peace corner of the intersection of FM-740, Red Road and Heathland Crossing adjacent to White Road and further described as abstract 207 East Tills Survey, track 55 City of Heath, Rockville County, miss a bell. All right, give me one. So this is the first opportunity for this, a version of this application to be presented to the City Council. This property is commonly referred to as the Perry property and they have submitted an application for a plan development and one of the concepts included in that application is a concept for a plan development that's a base zoning of PD of SF22 which is our half acre zoning district that was made inactive after the Comprehensive Plan was finished and adopted back in 2018. So through the process of this application being reviewed by the Planning and Zoning Commission, the Planning and Zoning Commission took action in their July meeting to recommend denial of the PDSF 22 concept portion of the application and their recommendation to denial is with prejudice. So we're bringing this portion of the application forward to you tonight for your consideration. You will need to conduct a public hearing on this topic, and then following the public hearing, you'll be needing state final action on this portion of the application. And we wanted to point out to you that there's a portion of our code and the zoning ordinance that discusses how to handle denials with or without prejudice. On the screen in front of each night is an excerpt from the code that addresses this and it states that the city council shall, unless otherwise stated in the motion, make all denials of zoning changes with prejudice. If the request is denied with prejudice, no additional application shall be accepted, which involves any or all or any part of the property within a period of 12 months, except and gives a couple of conditions by which a case can be denied with prejudice and be brought back for this body within 12 months. But both of these things would have to occur. They would have to be the request of the city council and I written request by the applicant to the council presenting pertinent. And then you would have to make an determination. It says that the council may deem sufficient warrant for a new hearing. And the reason this is important to bring before you tonight is that the applicant for the proposed development of the period property has submitted another application. And there is a portion of the subject application that is still on the table. They had a concept, a PVSF 43 concept, that the Planning and Zoning Commission left on the table. So that is parked at Planning and Zoning Commission and it'll be taken at that their August meeting. So what we're asking for you tonight is to consider that you have three motion options. You can approve the PDSF 22 application. You can accept the withdrawal, which is what the applicant requested of the Planning and Zoning Commission. The Planning and Zoning Commission considered that they could either accept the withdrawal or deny and they chose the denial option. So you can choose the accept the withdrawal or deny and they chose the denial option. So you can choose the to accept the withdrawal of the application or your third option is to deny the application and it would be worth considering for the council to consider denying it without prejudice so that we can continue to see this project move the rest of the way through the review process with the planning commission and then ultimately the city council. So I'd be happy to answer any questions you might have it is a little bit of a complicated and we need procedure that we're going to tonight and of course Marie is able to speak into this as well. able to speak into this as well. Well, and I'll add, I think if we had clarified, if I had clarified for P&Z the effect of with prejudice motion that I don't think based on the discussion that was had at that meeting, I don't think they would have denied it with prejudice because they left the other hard portion of this application open. So, and we have some members here tonight that I want to clarify. So, that's all I had to add about that. And I'll explain why we have three different options is because we take the position in our office that once an application is submitted to the city, now it's up to the governing bodies P and Z and council. They have control over the application. So even if the applicant withdraws it, you don't have to accept that. You can deny it or improve. So we want to give you all of the options because it is your decision. Okay, very well. Council, Councilman Krauss, do you have any questions for staff? No, at this time. Very well. Councilman Dodson. So just to clarify here, option three allows four PNZ to continue to review the element of the application that's still on the table and sitting with them. It does. Okay. But you would need to read it just as it's written. I don't understand. Thank you. Thank you. Thank you. I'll ask one amendment. Go for it's first out. It sounds like a global. Why? It might be a different one. It makes a difference in the relationship. Communities, happened or anything, what this did, the war I used to be on is that since we're not gonna take path in the consideration, it still leaves a one-aid. You look at it, they don't look the way, they're having their new lives, right? It's part of the same application. So it is a, it's a single application with a single plan development narrative that includes two concept plans. So. And that's yeah. Yeah, they filled out one application form and attached two different concept plans. So that's why we've been treating it as one and we've caught one alternative one of the other alternative to it. And what you're sure is they can't have it both. So it's either one of the up. I think what they were wanting is some feedback and then you know, I understand exactly what they got. Yeah, and so they were like these are our ideas. And this that was the application that was given. So they spent their, I should probably give you a little bit of history on how it's been progressing through TNZ. They spent the first hearing in front of TNZ, doing a workshop in essence, where the development team presented a presentation that they had previously presented at a town hall meeting in prior to them coming going before the planning and zoning commission and they requested that no action be taken that night so that they could get the feedback of the commission and the people that participated in the hearing. They took quite a lot of feedback back and their realization was that the plan the PV SF-22 concept was not going to gain traction when they when the PNZ and so they asked for a draw of that application before the PNZ the second time. And the Planning and Zoning Commission considered their options on how to move and they chose to deny it rather than to accept it was draw. And it's it was our understanding staff and the city attorney's office that it was the intention of the planning and zoning commission to make it clear that in their opinion the PDSF 22 is not a workable concept, but they have got same meeting moved to continue the tabling and to continue the consideration of the PDSF 43 option. So that's a little bit of a context. But if we're looking at it in holistic terms, then it's either two dogs or one dog. And if they even would draw half of it, then the whole thing is the dog, right? Because that's more of a net. And then it makes absolutely no difference. So it's going to be a practice for one half that is not going to ever be accepted by my bread, or if you're on the planning building. But they have submitted another application that they would like to have considered, which is for straight asset 43. Which we can't. As a expert, that's. That's. So, so attaching prejudice would disallow the application that they've submitted. Because of the 12. Because of the 12 men. So the one that they just filed is furtelists. If we accept what planning is owning it, because it kills the one anchor. And so they do say they come back to the another one. That would be separate to see if you're looking at the first one and coldestly. Parts. Correct. the first one and codeistically parts. So I mean, what's confused this whole issue is having two alternatives attached to one application and having multiple zoning applications submitted at once. That's really big person. I understand the why behind it. And I think it makes sense from their perspective and trying to get something and work with the city to get what the city wants and then what they want. But it's really confused our process. And so this is the way that we have to turn. If you deny it with prejudice, then the way that the ordinance is written, it makes it seem like they can't submit anything else. Well, but half of the application is still locked. It's still being considered at PNC. And so, well, then you have have a, this is not an OECI discussion. Yes, and this is the way that we have determined. Would we accept another application like this do you think? Not for it. I would really like to have some discussion with them before we get. It's not that we don't want to hear their alternatives and their ideas, but it does really frustrate the process and make things very confusing. I'm just thinking on a lessons learned kind of thing. Maybe we should not have we'd want to go about this. Yeah. Yeah. On this side of the room would agree that it would be it'll be cleaner in the future to require to each concept to its own application. And we know that now. We'll take that into consideration when we're ready. Let's lunch. Yeah. Yeah. Very good. Councilman Coulville, any further? Yeah, yeah, very good. It's Councilman Coulville any further? I don't have any. I do appreciate the questions. Are there any other questions from the council for staff? And this time I think it is a doubt. All right, at 6.58 we will open our public hearing. So if there are any residents that would like to speak for or against, please take the podium. Council Mayor, Mike with Clark 272, Lou Herron. Yeah, I'm. Been intimately involved with the Perry property for last 10 years and making sure it didn't turn into apartments and retail and everything else. I've been to the planning zoning meetings. I was attending all those. And as far as with prejudice the way I understand it, you know, the SF-22 and the SF-43 package. But the handsets were the data straight SF-43 subsequent separate. It doesn't negate them from doing an ESF 3.0. I wouldn't mind a three acre state lock there. You know, we really look at the gateway to Heath. At Baker, one acre, Spectal Homes, were state laws. And that's one of the things that I've made this point in the planning and zoning meeting. I talked with other council members. And really if we're looking at it, we're doing our master plan update right now, right? So it's currently at a 43, but nothing to get to go into the 20s at three point up with a three-acre state. And Lord knows with these house and senate bills that are on there, whatever we gotta get down apparently, we gotta get done pretty soon. Right. But that's really what it comes down to. It's, I see the traffic issues. I see the water issues. There are a couple ways to evate some of that. But at the end of the day, you don't evate what is really kind of your crown jewel coming into into heath because when you come across down down Ridge Road you're going to either be looking at the light or you're going to be looking at that open field and from that standpoint there that's really the opening that we come into heath. So just my opinion and having been around us forever is I like to see a step up our game not the minimum. Thank you. Thank you. All right. Any other residents that would like to speak for against. Yes, ma'am. I'm going to tell you mine. Yes, but okay. One, I'd like to ask you all to speak up. We can't hear you. Especially this callable. My name is Michelle McCutcheon. I live in Heath at 5414 FM515. And the reason I'm asked. This is the Perry. The Perry property correct. If, because I really couldn't hear what you were saying, were you saying that their application has already been denied by planning and zoning? Is that correct? At this time, unfortunately, we can't answer questions, but you can speak. Oh, I thought we were able to ask questions. Just, just, I can't, I can't, I can't, I can't, I can't, I can't, I thought we were able to ask questions. Just so. Right. Definitely. I'm happy. I didn't have a hearing loss. I didn't have a hearing loss. So we can't. Sorry. Sorry. Okay. Okay. We're good. We're good. We're good. You can do that. No. No. I was wanting to ask a question, but I will like to make this statement. I've lived out here a very long time and he has a very bad perception within outside of the Rockwell area and I don't really quite understand the obsession with one acre lots and the continued demand for that type of development and he I have a friend and two lived in Heath and Russ Creek for a very long time she had an acre and a half lot she's now 96 years old and she was too old to maintain an acre and a half lot. She's now 96 years old and she was too old to maintain an acre and a half lot. She had to leave because there is no other alternative. And I think we're being very near near-sided and narrow-minded in wanting this to continue to be a suburban area with one acre of lot houses because you're forcing people who have lived here a very long time to move out of the area because there is no other alternative housing than large houses on large lots. Thank you, man. All right. Are there any other residents that would like to speak for or against? I would just say it. Please. I'm not following. Well, we need you on the right here. So go on taking a podium. All right. State your name and address please. My name is Dale right now. I'm a 419 peace zone being. Sorry. I don't understand all the jargon that we're talking about. I'm just going to tell you what I think. Okay. I personally don't think we should build anything till we come up with a water plan for our community because once water and once a week is a joke. We're going to build another 158 houses or 300 houses that they divide it. How in the hatter are we going to have enough water for all this? And that's just my opinion. Till we come up with a water supplier, they don't need to build. I'm sorry. That's just my opinion. Thank you, Dale. Very good. Are there any other residents that would like to speak for against? Well, I don't know what happened, just said it to Shruth. I have a hearing of a common name, Jenny Moore, and I was at the U.S. who's referred to the gentleman that has lots of incidents. You're spec'd of one of the first people that I've been thinking about here years ago, and I just don't remember names well, it's the one where it's just passing. It's right there, I guess it's to the east and up the religious institution there at the Red Cross Street from the... Along Terry Lane? No, no, this is over. I can't reach in here. Okay. This is the next item. Okay, next item. That'll be the next item. I know what you're going to do to public hearing from the... All right, very well. Are there... I'm sorry, describe. It's okay to answer it. All right, very well. Are there any other public comments? Yes, ma'am, if you'd take the podium, state your name and address please. I'm Deanne Dawkins. I live at 149 country club. I made the statement that planning and zoning. I'm not for the half acre lots, but I just think that we still need to look at acre lots in this, in this for the same reason that she kind of said the same thing. I just feel like that I'm retired. I can afford a three acre lot now. But when I moved into Heath 29 years ago, I wasn't, I would never have moved here if I'd had to have a three acre lot because I don't want to take care of that. You know, as a, as young families possibly moving into the area, even if they're professional families, they're not gonna look, I don't think they're gonna look at a three acre lot, but I do agree with the gentleman that we do need to look at our water issue before we start thinking about building 150 new homes in the area. So, very well. Thank you. Thank you, Madam. Thank you, Ian. All right. Any other speakers for our against? Very well. At this time, 707, we will close our public hearing. Council. What discussion items. Do you guys have councilman called? It's 800 and so on. Do you guys have councilman called? It appeared from what the Siddell said that he followed the lead of the planning and zone. This thing did for a year. All right. So that just puts this off for a year to give us. I do want to make a point. I think Marie said this. And Miss Adela also reiterated this is that you know having having one application with two options is what actually convoluted the decision. The planning and zoning I don't want to speak on behalf of them but it was believe, presented as if they were saying, hey, this is an obsolete ordinance. Half acre is not an applicable ordinance. So they wanted to, as I was to understand it, and I believe what both of you have alluded to, is that they were saying, hey, let's deny this with prejudice because they have another application. I think now we're learning kind of on a technicality that it was one application. So by default, their motion that they passed then has complicated the second application, therefore creating a 12 month period. So to clarity from this to the yes they've paired it down but that would be a 12 month barrier to bought off something new time. So the gentleman, Mr. Mike, didn't say your name right? Sure he saying he's bringing three acres or five acres that they could be a new black for it. Unfortunately, now it's in any application for any part of the same property. For closes it for quote. True. That's how it's written on that. And in a fair and balanced conversation, it has been told to us that you have an applicant that withdrew their application, right? Prior to the PNC meeting, the PNC basically said, hey, we're going to make this because it's an obsolete ordinance. Don't come back with that. But I don't believe that it was, don't come back with anything. They knew when they made the vote that there was a there was another application with no variance. A straight SF 43 correctly. On the horizon on the rise that that was essentially not to be discussed at that P and C. Right. And I'll, Well, in the option, I'm sorry, please go ahead. I apologize. I'm sorry. They were the applicant was given direction to, to work on their PDFs of 43 application as well. So. Granted, my question is still answered. My question is that. If we follow the new of the P and Z, the one acre just hangs in the abyss for four months. There's no final night. They can't appeal, they can't do anything. So we already have these applications that have been accepted, which is how the ordinance is written. The ordinance is not written on the Council of Proofle. So these applications that have already been submitted can still be acted upon, but they can't submit new applications. Plus, if you were to deny with prejudice that would complicate the remaining part of their application that's still open. Complicated in the addressing the regulation that will be announced in time figuring out the ramifications. Is that why I'm reading? Yes. Okay. All right, so I wasn't at either of the, was out of the state and they had the town hall high-prepning and I didn't go to the planning and zoning because I had to sue the members of the council to be there and I didn't want to go on. So it's my understanding there were pitch boards, knives and very upset people. Basically both these planets, the backyard view of 29 houses that you look at the swimming pools from the beginning of the property to you hit land crossing. And then the one acre or half acre being regressive to small lots that want it. So I'm a little bit confused as to what benefits of the city to do with that prejudice? Because I get the feeling that they weren't gonna work with you in my right, Miss Adele, or am I reading something wrong? Shit, I would recommend that we go into executives. My understanding, Sharon, without reaching the executive session privilege, is that option three allows P and Z to continue to work with the applicant on a SF 43 option that embodies the comments and content that P and Z provided to the applicant at the last meeting and since the last thing. Yeah, I get that. But what I guess I'm asking is it doesn't from the feedback I'm getting their hand. They didn't seem interested in what was that wrong? That is wrong. I think that's, yeah, I think that's yeah. And yeah, and I think that's why there's multiple applications. I think what they're trying to get is the city's temperature on different options, which I can understand temperature on different options, which I can understand from a efficiency and pragmatic standpoint why they submitted different options. It just doesn't fit within well-established procedures. So I think option three sharing allows them to that continuation process with P and V. And see if there's a there there with SF 43, you know, before, you know, they view that in the affirmative or in the negative and then pass that on or not. Okay. Since we do have someone from P and Z, are we allowed to request them to speak on behalf to request them to speak on behalf of as a commissioner. Yeah, I mean, I guess you could be re-open the hearing. To re-open the hearing, to allow him to speak, but not allow questions. So you can ask him questions, and if he asks you questions, and you can respond with factual answers. Yeah. All right, very well. At this time, 714, if we were looking for the public hearing, Mr. Bishop, would you take the podium please? I'll be glad to be here. Thank you. If you would, just please take your name and address. This never happens when you're actually requested. It's just crazy. It's just crazy. Hi everybody. I'm Tom Bishop 800 British place and this is our mayor said I am all the PMZ committee. I recognize a lot of the folks and not to be critical because that's not much purpose of the purposes of the meeting. We were not at in Z meeting back in July. Hannibal wearer and not follow Aaron or anybody. We weren't aware of what we're doing tonight. If we had been aware of that, our vote would have been different. I think I can speak fanatically for the so-and-good measures. Bob's here, he's also on the PNZ committee. I don't think we, I know we wouldn't have done that. We were just trying to move SF-22 over here, and they were coming back in August to see us again, hopefully with a revised SF-4030 plan. And you may call some of you may remember when you were here, their SF-43 plan had a plan and then SF-22 was a different plan. and then SF22 was a different plan. But we didn't have any option except to really deny with prejudice, the SF22, which is what we did. And without what we just heard, we would have expected an August six, which is our next meeting, but then to come back with SF 43 and possibly bring us a new alternative to the one they showed us in June when they came. So, you know, if you all kind of would go with, I think it's option three, it's Councilman Dassen saying, I think it allows the process to keep moving along. Then to come back in August, 22 is gone. And 43 is what's on the table. And I think we can begin to move in that direction, whether it's approved or not approved or changed or altered. So. Very well. Appreciate that. Thank you, Mr. Bishop. Appreciate that. Thank you Mr. Bishop. I appreciate it. At this time before you close it because you'd be open to need to ask if anybody else wants to speak. Is there anybody else who would like to speak or against? 17 will close the public hearing again. So with that new information representing commissioners, are there any other discussion items? That this time the chair will open the floor and entertain a motion. Any other questions on the slide? I would like to offer a promotion on case number ZA 2024-101 to deny without prejudice. The alternative number one pdf application with base SF-12 zone. Second. use of second. Okay, and with that option for clarity on legal that allows the SF-43 to continue down the path, let P and Z do what they do very well is that correct? That's correct. correct the SF43 as alternative number two for that case number. Right what I'm saying is is option three in which Dodson has a motion on the floor and there is a second. I want some clarity on I want some clarity on does that allow their other application to be forward? Yes, because zoning case alternative number two is what is currently being considered by PNC. And that's a good word forward. By making this motion, we do not create complexities due to technicality. Correct. Okay. To carry a wealth of the head of it. Just clarifying for myself and everyone else. At least no further complexities. Well, you need complexity that's down the road to the technical. Okay, so there is a motion on the floor for option three. As stated, there is a second by Councilman Kraus. All of those in favor say aye. I'm going to say that I'm going to say that I'm going to say that I'm going to say that I'm going to say that I'm going to say that I'm going to say that I'm going to say that I'm going to say that I'm going to say that I'm going to say that I'm going to say that I'm going to say that I'm going to say that I'm going to say that I'm going to say that I'm going to say that I'm going to say that I'm going to say that I'm going to say that I'm going to say through our zero to conduct a public hearing and act on an application to change the zoning classification for from agricultural district to plan development for a single family residential uses for property address 6 7 1 7 South FM by 49 and further described as track 15. A. Broderiges survey abstract 231 city of Heathrow, County, Texas, the zoning change aims to facilitate the creation of a residential subdivision to contain no more than 12 residential lots, measuring at least one developable acre, misadil. Thank you. So the planning and zoning commission had a busy meeting in July. They also took up this case and considered a presentation and the Dr. Public Hearing and recommended denial of this application without prejudice. And I will need to conduct a public hearing as well before you take final action. And this is a much simpler case than I wanted to were just considering. You still, however, have three options with with your motion you may either approve the application. You can accept withdrawal which they have actually. I'm sure I'm not using this. I'm just going to double check there. All right, Ron. Got it. Thank you. Yeah, so following the planning and zoning commission meeting, the applicant requested the application to draw on. So the options before you tonight are different than they were for the planning and zoning commission. You can approve the application, you can accept their withdrawal, which came in following the planning and zoning commission meeting, or you can deny the application, either with or without prejudice. In a similar fashion, they have also submitted a new concept plan under a new application. So that will be coming forward in August set of meetings. Cash goes up very well. Yeah. Councilman Goldwell, questions for staff. Okay, this start out was 15 on there. 12. This 12 now by college community. That was the original application that came back in the fall under a different development team. Oh yeah. So did you know what I was talking about? I can't discuss it to my friends, but I don't need you in there. But I do know the answer and I'll tell you later. I don't see a red picture. For the right or two won't. I'll see you in the same look. You are yes there was an application that started back in fall of last year and it was withdrawn at the same city council meeting when the moratorium was in place. There will thank you councilman and councilman the moron, any questions for staff? Yes. For the record. Councilman Dawson, any questions for staff? Aaron, what would option two or option three mean for the applicant? And they're out of desire to put another plan that perhaps took the input of P and Z in the mind and come back to the set. Yeah, pragmatically it wouldn't have, I can't think of an effective, they would have the same effect. What are the same effect? Okay. Thank you. One, you're doing what they ask for, one, you're not. Right. Okay. Very good. Councilor McGraws, please. Thank you. So you saying accepting withdrawal versus deny, and you're saying with or without prejudice is also irrelevant because they have a new prejudice would would maybe just like in the last case that would be a problem. Yes, that would The property as a whole for one year unless they met those two conditions. Is there any Benefit one way or the other except in withdrawal or denying without prejudice. Okay, very good. Thank you, Councilman. All right, thank you, Mr. Bell. At this time, 724, we'll open a public hearing. So are there any residents that would like to speak for or against this applicant? or against this applicant. Well, I'm very glad. We'll stand up and show my ignorance about all this. And I'd like to say I've been to a couple of meetings concerning this particular property. Good statement. Oh, very broken. Two seven seven turn of lane. Yeah. And yeah, I took a little more look, see, at the area we're talking about. And I'm just kind of speaking generally, because you know, I'm kind of a little bit confused. Sounds like August or might be a chance for something to happen. And they're bringing in the new plan. Sounds like that's kind of a direction ahead. But since I'm already up here, I'm just going to say that because I came here tonight thinking I was going to speak more towards the positive. I don't get off farm much and I just at one time they had a bunch of, but I like all yard art and I got to know them through buying all I could buy from him. So that's how I know, you know, you still set some front place, but our place is not by back toe. I got to thank him about looking at it again. That I mean, it was denied. And I guess, you know, I had a brain bubble or something didn't realize that they just took away the application. I guess I came back tonight thinking that it was going to be kind of gone down road. My nurse might say. But I think like I said, well, here it just, it occurs to me that that area, I know we're having trouble with water, there is no doubt about it, but not too far away, but we're all happening up to 12 lots, which I think I remember the last time we were talking about doing a few less than that, maybe Chan or even A, making a little bigger, that, you know, maybe Chan or or even eight, making a little bigger, I don't know, maybe we're sticking on that as well, but that's neither here nor there, back to what really want to talk about is the already existing, whether it's that religious institution is this close at hand and can't imagine the amount of plumbing that went into that, so that takes a lot of water. And, hey, that's all right. You know, I mean, this is America and God God bless those that carry on the idea of freedom of religion. And just kind of the general, there's other houses kind of some of them old and not looking too good, but That going off of the main road there at the main highway there is that 749 549 yeah You can get my numbers confused these days. Oh, it's just Yeah, you know off off the dial on this outside of 549, there's a lot going on. And I guess I just don't really, and you know, those folks, those are old time for people, you know, the old man is passed away, I believe now. And I guess it's a son that's coming forward to talk about it. And I was just here just to let you know I'm here. I just think it's a little bit unfair that you don't let the guy go ahead and sell it, build some more houses. I mean, especially if they're on an acre. There seems to be some real concern about of not having half acres that we can populate the area with. I don't know which direction this is all going to go because like so many people I'm really worried about the water and and as the last time I spoke up here about the roads I mean one can get one can can get in a real mess. He just happened to side, go down and drive away the wrong time of day, and when we get over to 30 or maybe get to 80, luckily we got two options to get out of this area and go somewhere, or even go north, I mean, from Kansas. So I will tear apart a bit on my family's at 35 generations. or me bill north, you know from Kansas so I will tear apart a bit on my families at their five generations and six seven now I guess but yeah I just think that I want to say to the favorable just just put it out there that thank you sir that it I think would be nice to consider it again in terms of of of letting that instruction happen. I'm sorry. Thank you, sir. Are there any other residents for or against? I'd like to speak. We're going at this time. We're going at this time. 729. We will close the public hearing council. Do you guys have any further discussion items? One item, just a note, I do think this boaths well for planning and zoning. I think that we've got a great group of individuals, some of which are here tonight that take their jobs very seriously. They follow the ordinances very rigorously and they have the comprehensive plan in their back pocket at any given time. So they're doing their job. I think that's two wire scenes, some applications with draw because they're speaking to what the citizens want as well as what the ordinance is state and the Congress of Plenty States. So at this time chair will open the floor and entertain a motion. I move to on right. Please. I move to make a motion on case number ZA to to 402 to accept the withdrawal as stated. Councilman Caldwell, for you, second. Yes. Okay. Councilman Caldwell, second. The motion moves. All those in favor say aye. Those opposed. That's a tenant slip. Very well. very well. We're going to agenda item 4.d case number CUP 202404 conduct a public hearing and act on an application for the conditional use permit as required by the Heath code of ordinances 159.21 B14 to allow a detached residential garage in the single family residential district SF 43 and grant a variance to 159.2114D maximum size for a single accessory structure of 900 square feet to permit a detachable lodge of 1500 square feet on .992 acres of land described as cantaloupe park number 2 lot 11 and addressed as 513 Terry Lane, miss Adele. Hello. So just by way of reminder, this case being a conditional use permit for an attached garage, you would be seeing this case with or without a variance because our ordinance requires that the council grant a conditional use permit for any detached garage. This application does include a variance and so we're going to talk about that. It's located at 513 Cherry Lane, so it shares a fact, a property line with homes that are in Candle Light. The conditional use permit property is just under one acre and we did mount notices to everybody but then the yellow notification boundary there and we received 11 responses 9 in favor and 2 in opposition and those are indicated on the map here for you and that's also your packet. So when you consider conditional use permit one of the considerations is does it conform with our comprehensive plan? So we're just showing you here on the screen that this area is planned on our future land use plan for rural state development. So at home on approximately one acre with a detached garage is consistent with the rural estate's definition. The original application that was submitted and was reviewed by the Planning and Zoning Commission was for a 1600 square foot detached garage. So that's why it's stated that way in your caption. But during the Planning and Zoning Commission's review with the applicant, they recommended approval of the case with a reduced square footage of 1200 square feet. So that gave the applicant some work to do following the planning and zoning commission meeting they went back and refined their plan and have submitted a revised site plan and building rendering for your consideration, bringing that building size down to the 1200 square feet to match the PNC's recommendation. And this application is probably feels very familiar to you. You considered one just down the street at 483 Cherry Lane back in May. And similarly, that original application was for a 1600 square foot detached garage. This one was at the corner of Candle Light and Cherry Lane. And the Planning and Zoning Commission ultimately approved 1200 square feet and the council concurred with that. And at that in that motion, the conditions were that they building elevations, they were the home, matched the style of the home, and also they were the landscape screening required. So this application tonight is a similarly shaped lot, but it's in a different, it's a mid block lot, rather than a corner lot, like the, like the previous application back in May was. This garage is nestled back behind the home down a long driveway and kind of tucked back in behind the home a portion of it is hidden by the by the shrimp the home completely. by the home completely. Here's a view from the front of the property and the garage would be sitting right back in this area right here. You can't tell a very well from this photo, which is a fine photo taken by our co-inforcement officer, Javier Falko, but you can tell a little bit better in this next photo that there is quite a bit of vegetation along this side of the driveway. It's pretty thick and it goes all has one of the pedestrian door, the two garage doors, and the height does not exceed 19 feet, which is compatible with our ordinance. I already mentioned the vegetation and the location of the building on the lot relative to the house. So here is a sample of the building materials. This is obviously not exactly the terrain of the lot that the subject's application is on, but you can see the building materials that they intend to use. And as far as compliance goes, we really only have one non-conforming element of our review criteria, and that is the square footage. So they're asking for a 300 square-fit variance. The detached garage, as we mentioned, all of them require a CUP. This one, we do feel complies with the future land use map. And the ask is for it, the 300 scope at variance. And we do have a provision in our ordinance that allows for a CUP, that a CUP may be granted for accessory buildings that don't conform to the area requirements. So all of that that having been said, the council after review and recommendation by PNZ may grant a CUP when it finds these three criteria that it meets all the minimum standards meets the intent and of the district and will not be detrimental to the health and welfare of the surrounding neighborhood. So with that, I think I have many answers or any questions that you might have. Very well. Councilman Keralz, do you have any questions for staff? Yeah, my panic shows 13 hundred to be clear that they're still. And yes, they revised their ask to 1200. they're asked to 1200 and we had to run that caption because that's the caption that we used in the public notices that were mailed in acres. And is Fort Nana two acres to Zat? Sorry on the right. Does that include the vacant next to it or no? No. Okay, so that's the whole separate. That's a superman. Thank you. And thank you for pointing out the 1500. I was saying 1600 and it is 15. Well, is it 1200 or is it 1200 is the new. Okay. The revised submittal. Final answer. Yeah. Okay. Thank you. Very well. Councilman Dodson. Do you have questions for staff? I do. Aaron, does this meet all of the ARB requirements with regards to materials and particularly from the front view of the area from the street that which is visible from behind the house. That's a great question. So ARB doesn't review any residential projects like this. It's a commercial review process for commercial site plans. Got it. And in that context, there is some some wiggle room on material, speaking into building materials. However, in a residential setting like this, the CUP tool is related only mechanism that we have to be able to speak against, speak for against strictly types of housing materials because we are very limited by the state of Texas. Right. We can do about that. So, I'm sorry Kevin, go ahead sir. Go ahead. There's a little comments. No, no, but I think. Yeah. Thanks. So, is second follow on question to that, is what's being proposed consistent with what we as a council approved for the other larger garage structure on tarot lane? There were conditions on the fourth, the fourth E3 tarot lane project did have some, did make a condition that the style of the detached garage matched the style of the home. matched the style of the home. Okay. Style and building materials. So they did take their siding and turn it horizontally to match the 483 projects, 483 terrain project, or put it in May, turn to their exciting horizontally. Right, that's what I recall. The exciting design on the home. Okay. Can you flip back a couple of slides so that we can see the rendering again? And maybe the rendering against Jucks opposed to the house? Thanks. Okay, thank you. You're welcome. Very well. Thank you, Council. Councilman, do you have any questions welcome. Very well. Thank you, Count. Councillor Moor. Do you have any questions for staff? No, sir. Councillor Cable. So, Aaron, in reading this, it appears that we're trying to avoid an ISO or a 30-foot RV, being visible to the dark one. They do intend to park in our D and it yes. And the people at 483, because we have now precedent. So our ordinance is now to that. What was the reason for the Florida? The 483 Tarion Lane project was mostly to park boat and trailers. That was the same thing, cleaning up the yard with it. was mostly to park boat and trailers. That was something cleaning up the yard with boat trailers, jet skis, all that stuff. And that was 1200 approval to, right? It would be nice. It looked a little bit more like the house when we close to a barn. So I like the same thing. Very well. Are there any other questions for staff? I think I did notice in the package that they were asking for a variance to line up their driveway with a garage, but we cannot do that. Yes, that was a part of their original ask. And so that was discussed at the planning and zoning commission meeting, and we let them know, we let the applicant knows that neither the PMZ nor the council have the authority to grant an encroachment, very, and sent you a side might look like and the likelihood of success with that request. And they also, when they revise their application, they move the building over to avoid the encroachment. Thank you. So that's not mentioned tonight. Great question, councilman. Any other questions for staff? Very well. Thank you, Miss Adon. 732, we will open our public hearing. Are there any residents that would like to speak for or against this applicant? None of this done. Yes, sir. I just bang to be able to earn it. I just banged it as far as I can. Just an observation. Thank you, Stephanie. Love it. Yeah, please. Thank you. Any for Jeff, two, seven, seven, seven, seven, seven. Oh, very interesting. Yeah. Very good. Better clean it my ass a little bit. Yeah, I just want to make the observation that geometry of it, if you will, the angles are nice. It's pleasing to the, you know, the, the roof on the barn, coming down in that roof on the house. It's right there. Well, that, that one's going to, yeah, yeah, that, that's, that's pretty much it. I mean, it's, it's, it's nicely. We're the, we're the barn. I guess that would be the west side of the barn. Comes down in these the. These side of the house. That right there is the angle, the angle is for me pleasing to the eye which helps it fit together. And as far as the color of everything that's wide on the barn, well as whether it may paint for us, it could be good stuff in a nice color. I think that was the choice. Thank you, sir. Any other residents like to speak for or against? At 744, we will close the public hearing. Council, do you have any further items of discussion? Applicant here that wants to say anything? I don't see the applicant. Very well. I Would personally like to see the road facing materials better match the house I think councilman coldwell mentioned that as well, and I think I'm in Agreement with that. I mean and we can make that part of the condition All right I agree with that. I mean, and we can make that part of the condition. The facing materials on the front of the building, the face that face the street. So he's saying, saying you want it to be right? No, I would prefer that at the very least it matched the siding that's on the apex in front of the house. That's a tight end color. So the latter, I didn't hear it. Both in time and color. I guess that's a smart word siding or whatever it is. It may be masonite siding, but that's the same texture. Yeah, color. That's that smartboard signing or whatever it is. It makes you nice and exciting. Yeah, that's the same texture. Yeah, color. That's what I'm saying. Yeah. I'm not qualified to answer that, but yes, Kevin, that sounds good. That's good. No, you didn't. No, that's that's you didn't say. That sounds great. Yeah. I just think as closest they can match elements of the home to the actual proposed building we can work with it. Okay. Okay. That's just just an observation. Council and the other discussion item is on Council. time and I do believe we are whether it is an approval or denial it is for twelve hundred sort of it. So we're clarity purposes for motion to say at this time the chair will floor to entertain a motion. I move the approval of variance you know a twelve hundred square foot dashed garage but that can be sawed be made made to be the same color of material as the Apex. Very well. We have a motion on the floor to approve the 1200 square foot detached garage with a matching the saw to the home. I second that we have a second from Councilman Dodson. So the motion carries all those in favor say aye. Aye. and the council members are going to be able to move into the council and the council members are going to be able to move into the council members are going to be able to move into the council and the council members are going to be able to move into the council and the council members are going to be able to move into the council and the council members are going to be able to go to the next one. With respect to water, three things happen this week, summer or good. Some not so good. I guess you can say they're not so good is that we did have to go into stage two. And fortunately, we've gone some help from from other from Mother Nature, we did get some rain in some cooler temperatures. So until the triple digits come back, we don't know the full impact of stage two. However, the other thing that happened is that we are now at 72% implementation of the AMI meters. And again, these AMI meters, they actually mine meters. And again, these AMI meters, they actually read the inflow and the water usage in volume and during the time of day. And they feed this information back to our computers. And what this enable staff do is to know how much an address is using 24 hours a day, seven days a week without having a life person out there observing the property. And so we've had a lot of people call us and have talked to various departments, voicing frustration and stuff like that. And then they, on some occasions where the discussion's got a little out of hand, we asked them, where do you live and how are you handling your irrigation? And in one situation, a gentleman who was frustrated says, I've always abide by the stage too. Well, at the same time, we were looking at the usage on that property. And there was one zone going on the backyard. And in the middle of the night, there was 20,000 gallons being used. And so that's kind of information that we have now. Now, having that, it sounds like when you listen to what I just said, it sounds like Big Brother. It sounds like Big Brother's got this new device. And they're using it to keep track on it. But actually what the AMI does is it's the same type of system that's being used by a lot of Texas cities like Royce City Fates, in fact Royce City Fates and a whole bunch of other ones are actually using the same brand as we are in the same computer system. And then Mesquite is using the same thing as well, but it's just a different manufacturer. So it's not really that. I mean, we don't like being big brother. We don't have the budget or the staff to do that. But here's a good question. A lot of people are asking is that, well, if you can see this information, then how can I see the information? And the answer is there is a way. There is an app and you go to, where's Brian? What's it called? Brian? It's called water. Water advisor 2.0 and they have that for both Apple and Android and that is you get on that and you download the app and you follow the instructions and we may have a link on that on our website. I think we're working on that right now. But so it's not just what I want to stress is not just the city looking at it, but this this allows our residents to look at it and they say okay I'm under stage two. What am I doing? Well they pull up the app on their phone and it will tell you exactly what you're doing 24 hours a day. And so that's another good thing. Now, and the third thing is, and this is very distasteful, because of this, and because we talk to our attorneys who work with municipal board, the data we pull from this is admissible as evidence. And apparently there is case law at the municipal level that supports this. And that's now going to go into issuing, you know, citations and that's all we issue on stage two. We don't issue warnings, it's all citations. That's the distasteful part of this. And right now because of the new technology, we are in the process of processing over 700 citations. That's gonna flood our minutes before it. So we're gonna have to think about the logistics of processing these citations. And so that's a hard fact to swallow, but the fact of the matter is, we're doing this to help us mitigate. And number one, it helps us verify how much water we really need. And that's a good thing, but it also helps us to enforce, because we don't have, again, the budget or the staff, we're 24-hour code enforcement surveillance. So we've got a logistical problem with a municipal court, but we're going to solve that problem. We also are probably going to have to hire some people just to process and in fact, we're working on some technology with Danny, our new IT guy, on how to get this done. But this is, we're also been our public works folks have been talking with other cities that use the exact same software and the exact same monitoring system that we view. So that's where we stand. And so the one thing I don't want to get lost in this story is it's not so much about the 700 violations. We don't like doing that. But we're a city of 10,600 people. There are a bunch of property owners who will never be recognized, who are actually circling the wagons and they're supporting this community's water source. And I can't thank them enough. I don't know who they are. I don't know their names. All we get to know are the violators. But if you see anyone you see out there who really has been just just thankful. I don't know what else to do, but I don't want to get that shouldn't be. You know, their contributions shouldn't get lost in the rope. But we're going to try to get out of this back to stage one as soon as we can. And in terms of future studies, we've developed, I'm not going to go into it now, where the attorney shuts me off, we're saying too much, it's not the agenda, but we're going to have a budget hearing coming up and during this budget hearing, which I think is August the 9th, sorry at 8 o'clock. We're gonna not only talk about the budget, but we're also gonna talk about some funds that we're gonna be putting into both a bridge plan, a temporary plan, but also a long range plan. And that's gonna be woven into the budget discussion. So for those of you who are interested in that, and then I've heard rumination that after that, we may do some other meetings, but I'm having it fully briefed on that. So I'll just leave that at that. So thank you, Mayor. Very good. Thank you, Mr. Elashford. For clarification, I can go in and look at my water usage, but I can't go in there well. You see, so we want to have vigilantes going after people water, right? No, no, no, let's just get your password code. They still your password code from, because I'm assuming it has a password code for both Apple and the Android thing. So keep your password to yourself. Oh, I'm sick of hearing that. I have five thousand. Okay, so here's another thing. Last year, we had our roving employees in the middle of the night sometimes and Lisa Went to Linda line and saw water gushing down the sidewalk and it was It would have been had we had a smart leader there Massively they had no idea school shut in so when you get a reading like you just said 20,000 gallons Tent out whatever it's a huge amount. Are we gonna verify that it's not a leak before we? Well, absolutely. Yeah, there's a protocol. That's for the protocol because there's actually two protocols and okay, I'll shut up. I know you're not feel your vibration Kevin's shut up Here's it's it's not we just look at the number no it's not but but but the other side of it's not a leak then then there's then we have to look at the repeating offenses and it gets to a certain level and that level is not defined yet. Then something comes in called culpability. That means you're doing this on purpose. And if the culpability reaches a certain level that the judge has had enough, then that judge can order that the water be turned off to that address. Which I mean, it's actually shut off, which I don't want to do to anybody. And in particularly, and they were, if we're asked to do it in the middle of August, we're going to have to say, we can't wait to talk to over to do it. I mean, you know, that's that's that is really harsh, but we're, but you know, we have to because Lisa bless her heart. She gets people coming in and they're frustrated citizens and they're ventilating to her and to her staff saying, I don't care what you do, I'm wandering in the middle of the night, you're not gonna catch me. And I'll keep paying my $500 until my artist is satisfactorily irrigated. And that's unfortunate because there is a stopping point. We don't have to look at your yard at the middle of night at 2am. We've got the technology that's monitoring that, just like it is in these other cities. So last year, during this same march of madness, not basketball or events there, there were people who came here who were of the opinion that we had two or three dozen people who were using millions of gallons. Are we running reports like that where we have such offenders? Yeah. I feared that. Yeah. Oh no, I don't want to, I don't want to, no, don't, I don't want to call, you know, a, you know, a civil war, you know, being on a battle of big horn here, but, uh, uh, but yeah, I mean, we're gonna, we're gonna do a report and it's not gonna look nice. I'm just warning you And I'm not gonna apologize, but it's just facts and we're conveying we're not gonna not passing judgment on no one or no thing or We're not even passing judgment on the policies. We have we're just stating facts Well, but in our landscaping ordinance which I had a hand in drafting We didn't limit irrigation to a percentage of a large crack of life. Yeah, that was withdrawn. Yeah, so we could have somebody with 10 acres who's irrigating 10 acres. I can imagine because that seems madness. Well, potentially. Now, you know, we have to, one thing we have to look at if there's like a agricultural, the verifiable agricultural use, that's really pretty like a commercial use. And so we have to investigate that. And that takes a human being to do that. But there are other, and in your example, if there is a 10 acres, it looks like a Louis 14th, garden everywhere, then you have to send someone out to verify that, and then also to verify no leagues. And now when we do, here's one thing, and I'm talking too much. I know stop it. I know I feel your the vibrations. We can only in Brian will correct me wrong. We only detect the leaks on what's called the the street side that the city say, you know, but if there's a leak on the private side, we can't touch that product property. But we have to tell them and they don't want like this. At higher plumber and have your plumber tell you or tell us that it's intact where it's not intact. And if so, we require the property under document where their leak is because we don't go people's property. And we're treating commercial different than residential. And my husband had pointed out that, yeah, I think it's texaswater.org, the Northern amount of water that's used just to make T-shirts. So if we have somebody who's operating commercial in the residence, they need to come in here and talk to you because it would be a completely different ball of light. Am I right? No, I'm not sure about that. I think Brian, Brian, we're doing that differently. I think it's a water meter, water meter, and usage is usage. Yeah. So I'll say this, I mean, I'm on the same list. I don't have a crazy bit. That's a big thing. When I want to get the trans on this, what are we still start? You don't use it to that. Right. It's pretty. I mean the left large spreadsheet of you that being in enforcement. I only turn it in the ones that were watered every day. Okay. And I've been informed we have gone way too far in this discussion. We really have. I do think it's important what we talked about. But agreed we've turned it into a QA, be to say to announcements. I do believe that it is public safety at some level. So it's important. Are there any other comments from the council? It's actually a guard to council comment. The issue with regard to deliberation and appointment of planning and zoning. Economic development part board. We have a missing member who was involved in those interviews, which I've done in the past. So I'd ask that we table that in the executive and under a I was with the individual that's not here so I can represent it Very well I'm going to move the table Okay, we'll get to that in the executive session. Is that a motion or is that it's a muffin right now? It's a four-check this time and the general item. Council I think we're not properly represented to be choosing boards and committees and it's important that we have. We have to open for action yet. So the best time to do that would be when we come out of the executive session. Correct. But your vote is. Unless you are saying we shouldn't go into executive session at all. As to that issue, I am saying that I want to table it because no offense to the three junior members. Or if I tested this and right away for federal. Okay, that's enough council. No, you don't get to shut me out. I have a person in the right and I am actually standing on my. Not to rock with them. Yeah, but also please please advise. Is there a second? I'll second it. Okay. To you'll second to not go into executive session. Right on those Adders or choose boards and committees. Well, so That was really more you're called to make ask for a second. You want to call for a vote? Don't have. I don't mind. I respect your opinion, Councilman, both sides. But for clarity purposes, we did open it up. You were part of multiple interviews. Mr. Dodson, it's part of multiple interviews. Mr. Weaver, it's part of multiple interviews. And I'm not going to have any more discussion about it, so I've heard you. I understand. I will allow, though, because this is a fair and balanced pitch. Okay? So there is a motion to evaluate going into executive session for six.c, section 551.074, where we would be deliberating. Regarding the appointment evaluation reassignment duties, discipline or dismissal of public officer or employee, regarding appointments and reappointments to the Planning and Zoning Commission, HMBC, HEDC, Part Board Board of Adjustments, Architectural Review Board and Municipal Board Judges. So there's a lot there in which all of these applicants are waiting for that the motion is there. It's seconded. Is that that includes a day, right? It's six and a day when we come out of those. So they're in. Right. But within in general that's That's the subset agenda item. So, ass stated to potentially table for a later full quorum meeting him. Okay. So again, there's a motion, ass stated. There's a second. The motion moves. All of those in favor say hi. Hi. All of those in favor say aye. Aye. All of those against. Okay. So we're making it. They did not pass. Good evening. Then Hatchag, we're going to. And that would be the death of a poor. We're not going to let these three people take over our can. We're not with. With all their respect. these three people take over on Can. We're not, but we're with our board. With all their respect, for everyone else here, and I think it's important that everybody note for council, please and dies, but everybody needs to understand very fair and balanced. This is the way in which prior mayor has ran this agenda item. Nothing has changed. Both of those councilmember are familiar with the process. We opened it up for all of them to volunteer who wanted to do the interviews. It was fair and balanced for 12 applicants. We also listened to all of the reinstatements. Evaluated them as well. And so it's very fair and balanced. I have notes from every single person for every single applicant, as well as notes from the other council members. I also had concurred to this meeting to the absent council member and assured him in which all of his choices were similar to my choices. So just so we're being very clear and transparent council at this time. We do not have a forum. So just so we're being very clearing, transparent council at this time, we've not have a forum. So we will need to adjourn this meeting correct. That's unfortunate because we have some very important agenda items in which we absolutely needed to discuss. We are in multiple litigations in this city. And I believe that the grandstanding that we just saw is a very, very sad situation. At 8.05. This meeting is adjourned. Let's leave.