meeting is now in session if you were to all rise for the invocation and the Pledge of Allegiance. Here have we bother as we get to do tonight. Thank your will Barloo and that we live as neighbors to love and care for one another and that we make the best judgments for all. Amen. Pledge of Allegiance. the agenda. We have a ledger. The United States of America. And to the Republic for racial stance. The nation. And the United States will be there in the justice for all. All right. Thank you. Councilman Caldwell. Okay. Moving into agenda item number two. This is our public comment section. Mr. Lashard, do we have anyone signed up? Our first speaker be Mr. Mark Kennedy 2248 Brooks Trail. Please come to the podium. Check your name and address. Now I was told it's a, it's a lectern. So just a while, I'm, I'm said podium for a number of months and I've heard people for years say podiums. So we're going to call the lectern. They say they were a concern citizen. I said, well, we'll fix that. I'm glad to be here at the lectern. Good. Good. My name is Mark Kennedy. I'm a native Texan grew up in a small east Texas town, left in some of you may know where that is. Been a resident here in Rockwell County since 1990 and for the past seven years in Heath and resident of Heath Golf and Yacht Club. Also serve on the Heath Golf and Yacht Club, Club Municipal Management District number one, which takes care of bond issues and things of that ilk for those residents within the Heath Golf and Yacht Club. I'm a member of the Lake Point Church and we're tired and marine. It's over 26 years there and been in healthcare management for over 35 years. A lot of physician joint ventures, a lot of boards, a lot of board participation and and experience with that. I'm here to make some comments about the initiative that has been launched about considering a term limits for elected officials here. And I want to state that I support that. I think I've got three minutes to do this. Two more minutes. The lot of involvement with development deals here, throughout this part of the Metroplex Hospital over in Sunnyvale, trying to get one started here in the Rockwell County. It just, we went able to, we get that through back several years ago. You know, basically I've, I've got some pros and, some pros, I'm not gonna list the cons because of the time limit, but the pros in terms of why I believe that term limits are beneficial. I believe they're good. And I've listed some things here. Term limits allow members to focus on their job and not on whatever their political career might be. And none of these comments apply to anyone whatsoever here. These are just conceptual beliefs and standing on this issues of term limits. I believe that the term limits allow for new people to run for office and bring their outside experiences and new blood, if you will, from time to time, in terms of participation on the board on issues and initiatives. Thirdly, I believe the term limits allow for more people with real world experience and opportunities to serve in elected office and that just continues to strengthen the efforts of a board, whatever the entity, in this case, the city council for a, for heath. And lastly, I think terms of limits safeguards of public service from those who seek to exploit it and Again, these are things that I just believe that are very healthy to have in place and so as I said well ago I Support the initiative to establish term limits for all the officials in the city of Eve. Thank you. Thank you. Mr. Lousy. Next speaker is Mr. Bart Davinford, five manner court. Yes, good evening. Bart Davinford, I'm a business man, live out here and he can have lived in Rockwall since the early 80s families have been out here since the 60s. I'm actually here to speak just about water and about some of the water issues that I know that you guys are working on some initiatives to try and solve the issues that we have outstanding. I will tell you though the citizens need more information on the president of the almost no room of state away. and I'm getting calls daily. People are getting tickets and not just one use, but tickets and they're trying to figure out for what reasons that they're getting those. So I've mentioned to a few of you guys that these are class C misdemeanors. It's a ticket like a speeding ticket. It's something that apparently has been on the books for a very long time. I didn't think that there was anything more than regular fine that came along with those and I understand the need. No water ticket. And it's for filling my pool, which we were having redone. And so when I asked about it, the water usage was clearly larger than my normal sprinkler usage, but the system that's in place right now doesn't allow or differentiate. So you're sitting all these tickets out to people who are just getting really, really upset. And I know that's not the intention. I know that we need to take water seriously, but the methodology that's been gone about right now is problematic. And the fact that it's a classy misdemeanor is also very problematic. There's some people in my neighborhood that it would affect their job and their security clearance if that was to go on with records. It can affect your insurance rates. So I would urge you guys to take it into consideration and try to make a change to that while still trying to figure out and keep people using general less water. But at the same time, know that everybody's looking for a solution as quickly as possible. So thank you guys. Thank you, Mr. Governor Parker. Next is Mr. Phillip Hatfield, 107 Limley Drive. Mr. Mayor of Townsland, thank you guys for letting me speak real quick. Just want to say on the new initiative we have is for turn limits. I know it's come out in the meeting we had a couple of weeks ago that I attended here where some felt like here that there were being targeted. No one is being targeted, but we the people would like to have turn limits for our elected officials. They really came to light. I think when Mr. Frouse was running for his last election and he said he's four turn limits. So that opened up and we said, it's giving up that this is my time. This is my time. So so there again we the people and as the petition was circulated with well over 500 people signing you have doctors you have lawyers you have business people you have farmers you have electricians you have carpenters we the of he, this is what we would like. In the agenda of what's going on now, the way it's being changed, I know it has to go to the city attorney. The city attorney had to change some verbiage. I would urge you as the city attorney to look at the verbiage to help us, we the people get what we want and help us with that verbage to get what we would like instead of change the verbage to not get what the people want. We put the information in there and I think the petition was only a couple of weeks old with over 500 signatures. And two years ago, we had came to this, not this council, it was the council, some of you were here some others. We were trying to get tax frees for senior citizens. It got shot down twice by the council. Joe Chamberlain and I went, we circulated a petition. The petition went through Heath. We got all the registered voters. It went to be voted on in the election. It passed 71% after being turned down twice by the council because that's what we the people asked for. Also, that was the largest turnout we've had in an election. And I think it's still the largest turnout we've ever had. But we the people asked for that. We had 71% say yes. And you as you've been elected, you represent us, we the people you hope to do it you help make negotiations work with it we you're there to help serve we the people and we're not asking for anything unreasonable matter fact I think it's the same thing that the city of Rockwall has thank you guys appreciate your time thank you for having a good very well next speaker Erica Hat, 107 Limley-Dryer. Thank you, City Council members in there. I did go to the election administrator's office and I asked if what was submitted can still be corrected. It was my understanding that when I submitted the petitions on August 8th to the city secretary that I had, I was actually asked to submit by noon what I had. And then I asked because we still had block walkers, if I could still submit more by the end of the day. And I was told yes. So for some reason, those two submissions were seen as two separate petitions. I submitted an attachment with an entire detailed verbiage as to what the term limits should be and that was discarded. And then in my mind, the way it was handled is, you're subverting the will of the people, if you don't do this. So I'm asking you to talk with the election administrators office and make those corrections according to the attachment of the petition. Thank you very much. Thank you. So, in our final speaker is Mr. Jimmy McClendon, 13-01 Marine Place. Thank you Mayor Councilman and women. I'm here to speak on behalf of the initiative also and like two weeks ago I support it and as someone who doesn't have never been on the city council and don't understand how the mechanics are. But when I understood that the verbites was not there to interpret what term limits were, it seems that if the voters voted for term limits, then what would be the term limits, who would make those decisions. And it seems a lot, a lot that we talked about like of Wiscoe was transparency. And when you have something like this come out of any government situation, it makes people or people like me, maybe not anybody else, but people like me wonder why. And because I'm curious in that way, when I wonder why I'm always thinking something isn't quite right when something's things left unclear. Everything has to be clear so that we as the people can understand it in simple English without all the wherefores and whereas and all of that. Just simple stuff that we can understand. But I appreciate that the topic came up. I appreciate that you turned it in. But if there is an explanation, I'm here to say it. I'm not, I guess, I'm forming a question in this, but it would be, I think, good for we, the people here, the citizens understand why it was sent over unclear. I don't know what we're supposed to vote on come the election I think it was sent over unclear. I don't know what we're supposed to vote on. Come the election time or come voting time. If it, if there's no definition to it. So that's all I have to say to you again. Thank you for your time. Thank you. Mr. Lasher. There are no more speakers there. Very good. I will address that in, in, in will address that and just for future comments, we just need to refrain from specifically calling out a specific council member. But to that point, and I do have the ability in public comments to give a clarity to a policy or a circumstance, this I think is one that needs to be addressed. One thing to note is feel free to listen to the recording. So when we did come out of executive session, there was a dialogue behind why there were some concerns with the petitions. Just in general, you have signatures on different sheets. The petition was yes stated on a secondary sheet of paper, but not necessarily you that, you know, it's important for all of us, because we're residents to do it the right way, do it the right way the first time, try to understand what legal requirements we have, but we also have to make sure that we follow the law ourselves. And so we're not allowed to supplement. And so by default, we put ourself in a unique circumstance if we were to say, well, it was on a separate sheet of paper. Well, that's their intent. Now we're supplement. Okay. And so we could be triggering some other liabilities as the city sees it. So again, I won't go into grave detail the recordings there, but that is the rest of that story. Okay, moving into agenda item number three. This is our consent agenda. So three dot a. These are these are actions regarding the minutes of the August 9th, 2024 budget work session and the August 13, 2024 regular meeting. 3.B is action regarding an ordinance FM 550 speed limit change and 3.C action regarding an ordinance approving an annual update to the service and assessment plan for the Hossie and Adele logo public improvement district providing a severability clause providing an effective date and ordaining other provisions relating to the subject. So council members, I believe everybody's had time to review all of these items. So at this time, the chair will open the floor to entertain a motion. Oh, make a motion to approve. Okay, last second. Motion to approve by councilman Weaver. I'm eating the second by Councilman Kraus. So the motion moves. All those in favor say aye. Aye. Those opposed. Have to abstain as to the meeting that I was asking. Okay. Thank you very well. That was the 20. Thank you. The 13th. The 13th. Yes. Thank you. Thank you. Thank you. Thank you. Thank you. Okay. Moving into agenda item four. These are items for individual considerations. 4.8 is our semi annual. H. M. B. C. H. E. C. Update. So we have the chairman of the of the E. C. Mr. Saunders, if you take the lectern. Thank you. You're a lecturer. Yeah. One of the comments. Now you're a chairman, so I expect you to call it the lectern. I will treat it very respectfully. You're together. Excited to be behind this wonderful lectern. My name is Justin Saunders, president of EDC, and tonight I want to give you some background. Discuss our mission, our resources, and a high level of look at a project in our pipeline. I kind of know what it feels like to be the opening act. Looks like there's quite an agenda this evening, so I'll try and keep this thing moving so we can get to the main event. Here's our board of citizen volunteers. We have diverse experience, including aviation, finance, construction, tech entrepreneur, consulting, M&A law, and in our last meeting we elected Mike Zalinski, the vice president to excited to have his technical aptitude and leadership position. We gained four new members when we two council members relinquished their board seats, Councilman Weaver and Councilman Dodson reliquished their board seats to concentrate on policy making and entrusting us with our mandate. Of course, Mr. Councilman Chester moved on and in Memorial, we think of Vicki Wallace, longtime board member, served as vice president. And I can tell you, haven't worked with her personally since 2017. She represented you and heath, our community with integrity and decorum every time. You know, mission statements, especially in the business world, can be really vague, so vague that they're meaningless. I think ours has worth that can be referred to when we're evaluating opportunities in action. So I'm going to read some of it to you and really point out what we're talking about here. The Economic Development Corporation and the Municipal Benefits Corporation provide financial assistance for qualified projects in accordance with guidelines. And here's what I really like. Encourage quality commercial development that expands the city of he's sales and property tax base and contributes to a higher quality of life without altering the city's culture as a premier DFW servo. Furthermore, if you wanna go online, our assistance policy and evaluation criteria, to steal this mission statement down into the objective measures that we are to use when we evaluate projects, includes of course the tax growth, capital investment by the prospect, job creation, and always in the background quality of life to our citizens. Little background on EDCs, they are created by the Texas Development Corporation Act of 1979, gives the cities the ability to finance new and expanded business enterprises and local communities through the economic development corporations. More specifically, they can adopt the sales tax to fund those corporations. There's two types of projects we get behind, type A and type B, and cities with populations under 20,000 have a little more flexibility. That's particularly around public hearing requirements, and it's not really impacting our board given our communities emphasis on transparency. So in detail on the type A sales tax which the kind of subject remote to there is to develop commerce and that goes that tax when collected goes into the key EDC which supports prospects by funding land buildings equipment facilities expenditures target infrastructure. which supports prospects by funding land, buildings, equipment, facilities, expenditures, target infrastructure. Type B sales tax goes into the HIT NBC, and that corporation can develop commerce and support communities. So we've had A-A eligible projects, but also quality of life improvements, including parks and the public safety infrastructure that we recently parked with the city on. Where does that sales tax come from? Well, remember to shop local because 2% stays right here. Eight and a quarter is the sales tax in our state. One percent goes directly to the city. One percent goes to the corporations, 50 basis points each. Here's our sales tax growth over the past eight years. You can see in 2019 we began our ramp up. Of course the Tom Thumb opened in October and then in early 2020 we had standards and many scum online. Of course you had the residential growth and pandemic stimulus. And this we're starting to now top out. As you can see in 23 and in 24 or 25 or forecast is about 2.9 million. So we're leveling off on our sales tax generation. Don't have a visual up here, but just recently went to the Texas Comptroller's database and found that year-to-date our HEAF sales tax reminences were 2.1 million. We looked at other cities in the population range of 12,000 to 10,500 and the average was 2.6. I think the median is more appropriate. It's 2.2 million, so we're not far away. And most of those cities that we evaluated have more than one big box retailer there. Not something that I think we're particularly excited about bringing here. And we don't have to be, right? Because we have an inviable demographics, which allows us to be picky. I think you've most of us are aware of those. Dad. So what have we done? Some of our project history. These projects here are supported under a quality and life mandate. So every year, 25% of the budget of both corporations goes to CIP projects in the park and funds those initiatives that the citizens have said are very important to us. Some of them include New Picker civilian and T. Go Bay, the FM740 medium branded street signs, supplemental path projects, and purchased the text.wrote away in front of the Tom Pum development. Special project under our retained jobs criteria. We rapidly developed and launched a COVID-19 local business relief program. That was to assist 21 businesses impacted by closure mandates. Remember that particular volatile time when pandemic showed up? We distributed about 400 grand to those businesses, some of those businesses you see there and help those employers navigate that trying time. Rest assured taxpayer, I feel we did a better vetting and had less fraud than the feds. Recent projects under our support community mandate include Funded and directed the town center master plan, Partnership with the city to fund the new public safety station, The public works facility, and the town center park renovation. Some of the smaller engagements, but just as important is we got behind the Heath Annual event series and the Heath Holiday Market we're collaborating with Hidden Creek as the Town Center Parks Under construction and we still want to have something for the residents at Keras. More traditional EDC projects that we've been involved in. So your business support. The Standard Services Test Story, we did a loan in Grant Pondo there, about a $250,000 grant and a $250,000 loan. The loan was paid back early. Available information indicates that standard has exceeded all projections. Not sure if that's the food or alcohol, but I have my sufficient. All right, actually, it was hidden great. This is exciting story here. First mover in the reserve and helped to set the design standard. The NBC purchased the partial in 2004. We cater left it off my notes about 80 grand 85 grand. And we executed a ground lease with hidden creek. And in 2019 they exercised the right to purchase for $625,000 for a healthy return to the community. So where do we stand today and what's in our war chest? So we have our here's our future capabilities. We have resources to support our mission that includes a healthy balance sheet, about $4 million in the EDC, and approximately a little under a million bucks right now in the NBC after funding the significant projects in the town center park and the public safety. So we, we in good shape with liquidity there. Our other formal asset is the reserve. It's 25 acres owned by the NBC. We began a rebranding in 2017 under the nationally exclusive thing. Lots of credit to the board and Suzanne Brook for helping us through that. Here's an aerial of that property and those lots. You see hidden creek on the right middle. 25 acres right along Chris Cooney and Hawk Drive purchased from Rockwell ISD for $436,000 plotted into six lots. Also, if you're unaware, there's 46 acres owned by the city that the person simultaneously purchased from the Rockwell ISD one day hope to be in a park or national use. In some of our recent discussions with the prospect, we re-appraise the land and it's increased and valued to approximately $5 million. So, substantial asset. Our vision, that's one thing, you know, I understand development and where we come from and our point of mind on that and I can assure you that we as we developed our marketing material and our vision for the reserve discerning and unique one of a kind always comes top mind. So we envision maybe public and private partnerships, little over development that is fits the desired culture of the property in our community, upscaling unique, one of a kind, bicable walkable, of course, native, zariscape for low-wire disruption, prioritizes the need and desires of citizens, not developers, limited impact on traffic and infrastructure. We like to come by day, but leave by night, upscale dining, boutique winery, distinctive retail, luxury spa, first class. So we have liquidity, we have some real estate. How can we use them? This is our toolkit. We use land leases, so like the Hidden Creek example. For example, for every lease with a purchase option and market value. We can have loans. We can use loans. We have competitive rates or structure. We prefer these two mechanisms to help the prospect round out their capital structure because it gives a return to capital to the corporations if we get involved in that way. A grant, the next item, that's outright cash. You're hoping for a long term return there on your sales or add the Lauren tax shared infrastructure for it. Like this, if it's scalable, so you can you can share it across users, the beneficiaries and it proves it for the future, that's something to talk about. Tax abatements, we look at those, but we want to limit the out-of- of pocket cost from the corporations. The city of corporations have certain tax advantages and we don't want to come right checks to encourage folks to come here just for them to avoid taxes. Specific fee-abated, certain permat and impact fees that we can waive and then marketing support. We have various mediums and experience there to offer from our team. So we've have our first prospect in quite some time. They were very excited about. We're slowly working it and as those processes go, but what we have here is an upscale dining destination, exquisite cuisine with vibrant community atmosphere, spacious outdoor and open space, menu offers sophisticated blend of contemporary dishes, exceptional service, ambiance, and a favorite spot for locals and visitors. Here's where we, the plot in discussion is a lot A there. There's some replotting going on slightly to increase the size to facilitate setbacks from the high school. And it may increase the size marginally of lots three and four. We're still in there, so it's very preliminary, but that's where we're likely to set up shop if we get this deal moving forward. Here's some design concepts. We're very impressed with these. Capture the hill country chic. There's synergy with hit and creek. Lots of outdoor emphasis. Lots of trail emphasis connectivity. This one I really like is trying to take it high end, but with the rustic high end fill. It's very important for them that they are make their own pasta. They're at the oven there that's one of a kind in our community and the kitchen is critical. Like high top seating in certain areas, the opportunity is going by an acronym of HPG at the current point. And from a qualitative standpoint, we feel it fits the reserve vision. You can enjoy nature while we're protecting making a priority of protecting the natural elements back there, smart skate, beta patexas, searching for the trail system, trees, we've got to keep them, discerning patronage instead of traffic centric and a destination venue. And we have the prospects and experience sole proprietor. So he has a successful track record in the hospitality industry, vested in heaths as a resident and a business and is veteran. Quantitatively, the parable structure to hit and creek. Dove with a higher sales tax ROI because of the restaurant side versus the catering revenue streams. Year five acquisition truck price where we're going to shoot from market value higher than CAD value. They're talking we're talking about ad valorem tax evavement that would end before the city of corporations have to come out of pocket. So we're looking at a substantial ROI on the original land cost. Probably some utilities assistance that would have synergies across the reserve. Trail investment critical for our connectivity important part of pulling our whole paths project together alone with favorable repayment terms to the corporations, require perpetual sales tax reporting. So we want to know we want to get a definitive ROI on what we've done and a secured interest. So, if we don't work out, we get it back. Here's some of the performer projections. Annual sales tax, excuse me, annual revenues of three and a quarter, based on the seating that they're thinking, I don't, I think that's a very much a base case. They're being conservative, which is very wise. So, you're looking at 80,000 annual sales tax to the city, capital investment by the prospect of close to $2 million. You're looking at property tax, adding six to 70 jobs. He emphasis on using local youth, proximity to the high school, having leverage there, it's synergy there, retirees, always mentions veterans as well, but it's a priority for have. Quality of life mandates, the capture of those upscale, sophisticated, discerning, rule, open space, sense of community and connectivity. You really want to do this because he's a resident and located on the trail system of his mentioned. A quick data on that particular parcel, 24,000 was the original purchase price. If we were, this is going to move a little bit based on the plating of the lot. But if it were to happen and we could monetize that for about half a million, you're looking at 2,000 percent increase cost to sell price. But a compound annual go through at 16%, which still beats the SAP. So questions? I don't believe we do this evening, but I do appreciate it for everybody and the council knows this. This is kind of a new reporting model that we're doing. So thank you to the chairman of the EDC from me here tonight and exposing us to this new event. Essentially, we did, we did the last meeting, we had the chairman of the park board here, and they're importing in what's going on with their lawyers. So again, thank you, I appreciate it. Thanks, my pleasure, appreciate it. Thank you, sir. Thanks, sir. Okay, moving into agenda four. The case number CUUP 2024, 205, we're in conduct a public hearing and act of additional use permit for any exception to the late edge concerning district 159.0 or is re zero exhibit a section one dot zeroences. It permits fences within the take area on property address 301. CNA drive and further describe as well. 21 and Teeboot Bay City of E. Rockwell County, Texas. This is F. Thank you, Mayor and Council. We are going to be talking about constructing a new fence in the take area behind property address. The story of one CNA. If you see it here on the map highlighted in yellow. That is the that's the limits of the property that has applied for this conditional use permit. And they are asking to be able to construct a fence that would extend from the edge of that yellow. Shape down into the take area. And we'll go through the reasons for that request here in just a second. But first, we did send notice of public hearing for tonight's meeting to neighbors and posted on the website and published in the Dallas Morning News. We received four responses, three in opposition and one in favor, and those are all included in your packet. So a little bit of context, we don to talk about the take area very often. So I wanted to just go over some high level information about the take area. It's the property line that's shared by the city of Dallas in the lakeside property owners that shone in yellow on this map. The normal lake pool elevation for Lake Ray Hubbard is 435 feet and that's represented by that purple line there. So the take area is the land that is owned by the city of Dallas that's between the purple line and the yellow line, between the pool elevation and the property line or the take line. So in 2004 the city of Heath entered into an interlocal agreement with the city of Dallas to manage and also be able to lease that take area from the city of Dallas. A couple of years later, the city of Heath adopted the Lake Edge Zoning District ordinance and then it makes some revisions to that the following year. And the purpose of that ordinance is to regulate uses and improvements with them to take area. So the logistics of it all is that the city of Dallas owns the take area and the lake, obviously. The city of Heath then leases the take area. So where they're lessy. And then the interlocal agreement gives the city of heave the ability to sublease portions of the take area to Lake adjacent properties. And then the city of heave regulates the uses in that take area on behalf of Dallas, because we're here and they're not. So it makes a good logistical sense for our building department to take the lead on managing uses and improvements in the take area. Both Lake Ray Hubbard and the take area though, maintenance by the city of Dallas, water utilities department and are governed by the Dallas city. So we have to work closely with them anytime something is occurring within the take area. The property at 301 C-N-DRIV does have a sub lease and this is a copy of the survey that came alongside their sub lease application and established the area that's assigned to them. It's their sub lease area is outlined in red. You'll see scenic drive is right here and the property that was highlighted in yellow is this shape right here. And the fence, excuse me, the limits of the take area, as I mentioned, are highlighted in red. The location of the fence that they're proposing is highlighted in yellow right here. And you'll see that they do have a large 12-bit gate located right here in this area. So the final plat in Antiquabay established a public point between two lots, between lots 20 and lot 21. The subject of our application tonight is lot 21. So there's this open space. It's highlighted in green right here. It's neither within the boundary of lot 21 or within the boundary of lot 20, just an open public point that allows for the public to access from scenic down to the point and then you'll see on the area it's marked by a jetty that kind of protrudes out in this area. So section 90.15 of the city of Heads, Coded ordinances, designates this public point in Antiquabay as a park. You see there are there is some signage to that effect in front of the home. This home right here is 301 scenic. So section 90.15 says that for the purposes of this chapter, a park is defined as a public open space. It is needed by the city council as a park. It includes the public point and also the other open space in Antiqua Bay that was just previously mentioned. The EDC provided for a pavilion in that park area, two separate spaces within Antiqua. So the public open space is established by this ordinance as a park. The Lake Edge zoning district has some rules about fences and fences are prohibited within the take area except for one very specific exception, which is for a fence that separates privately leased areas within the take area from public property, specifically parklands, roads and alleys. While providing an access way for public safety and maintenance, inspections and other city personality able to access the take area with their personnel and their vehicles. So the exception, this one exception can be granted that it must include the construction of only an ornamental or a rot iron fence and be subject to the requirements of defense ordinance. And they can only this permission, exception can only be granted by way of a conditional use permit. So that's why we're here tonight. So there are some rules in the fence ordinance that would pertain to this property. It can't protrude over the property line. There are some rules about hype and then some things that are specific to lakefront properties for the purpose of maintaining the view of the lake. The more rules, the columns must match the main residence and they must be Masonry or Stone. The main residence here is brick. The proposed fence does comply with this one qualifying exception in the in the take area, lake edge, excuse me the lake edge district regulations. found in chapter 157. The city of Heath has approved some similar fences. One was done at 1221 Valley Trail a couple years ago in 2022. That is a five-foot rott iron fence and it had brick columns and a gate and that one you see in the aerial photo here is adjacent to the Windward Trail and the Shoreline public access at the end of Valley Trail right here. So they were permitted offense in this location. And then closer to home, there was also offense directly across the public point in Antigua Bay. This is the property that's the subject of tonight's application. There was a fence permitted on the opposite side of the public point, which is this area right here. At 19 CENIC, this one was approved in 2017, allowing for a four-foot-road iron fence, and that fence goes across the entire width of the take area from the rear property line of 219 scenic. And it does include a gate. When that's, when that ordinance was approved by ordinance number 170509B, it had three conditions and those are shown on the screen here for your consideration that it would be constructed at one of mental or raw dyer subject to the fence ordinance, a maximum height of four feet, and with the bi-added foot access by way of a gate. So that is that under my presentation, I'd be happy to answer any questions. Very well, thank you, Mr. Dell. Council, do you have any questions for staff? Council, call the one? Council, remove them. No. Council,oveau. No. Councilman Roveau. No. Councilman Weaver. Yeah, I think just, it's not really a question. It's more of a clarification. Can you go back to, it's really for the sake of the audience. Can you go back to one of the aerial shots of the subject property? Can you tell me which one you want? That go back where you were. I don't know which one you want. I don't know which one you want. I don't know which one you want. I don't know which one you want. I don't know which one you want. I don't know which one you want. I don't know which one you want. I don't know which one you want. I don't know which one you want. I don't know which one you want. I don't know which one you want. lease agreement, and again, this has been set up for probably 20 years with the city of Dallas. The the take line area is a projection of your of the property owner's current property lines. Linear projection, a straight projection towards the lake. So in this particular case, maybe Aaron, you can highlight this. the subject property is a pie shape or kind of a triangular shape, a virtual property itself is a triangular shape. So if you follow that property's exterior property lines, they project straight to the lake in that fashion. And so that's why in this particular case, the take area has the shape that it has that principle of linearly projecting the property line to the lake is applied through the entirety of the lake. So there's nothing special about this take line projected area. So I just wanted to clarify that for the sake of the residents. How those bounds were established, how they're determined. To add on to that, sometimes it means that you have a pretty awesome take area and sometimes it means that it's shaped more. Yes, it depends if you're reading this part of the pie or this part of the pie. So anyway, just want to clarify that for the sake of the residents. Okay. Thank you, Councilman. Councilman Cross. Yeah, and then this has the strikes across and then goes up in that yellow. Is that fence going straight to the lake? Or is it going to go? It will go straight. It'll obviously it will win. And on dry ground. Yes. It can go as far as the take line, which is this right here. Okay, and it's going to maintain essentially a 50 foot right away, as so he's been there. Yes, the point. We call the point. I've lived there almost 30 years. So, yeah. Yes, it is exact. I believe it's pretty close, pretty dead on the 50 feet with right here. So it's not, which my neighbors are freaking out because I would have to agree that notice we got was not helpful. It is not going to prevent access to the lake. It is not. It will feel more constrained obviously but the access is still available. I can tell years and years ago there was a plan I'm potentially putting a park there and then the problem was parking and then the parking lot took up most of the park so they decided not to do that. So I think some people going to be relieved. There were some rumors that was split and sold between two property owners. And if you notice, there is a late breaking, Jeannie Sealy was the one who got the approval on the other side of this point. And if you know them, they're great people been around forever, but when people are stealing your canoes and stuff, you get a little less generous. So that's kind of why, in this very, very limited case, because otherwise I would never support it, that when you have public access and believe me, kind of like Terry Park, a lot of those folks aren't from he either. There's fish that come from bar and away. There's sailing going on. So there's lots of activities going on there. Anyway, so I want to be clear that it's not going to prevent access to the lake and maintains that right away that it was minute. Yes, my very well. Thank you, Councilman. We don't have any further questions for staff. We have the applicant here. Yes. Yeah. It's the applicant would like to take the lectern to happily have you come up to speak. Thank you. Thank you. I'm Wendy VanLing and my husband Roberts here. We were that three zero one scenic. And just a just a few things. Um, you know, we a lot of there's been a lot of I think miscommunication over the years regarding what is the public area and what is the part that is rightfully an extension of our property line through our lease back. And so I just want to make a point that we're not taking away anything whatsoever that isn't the public. That's going to remain the same. We are just wanting to fence in our property adjacent to the public area for numerous reasons, but just a few just to keep things brief. One is the safety and security of our family over the years. We've had many instances of people coming from outside of the neighborhood using the area behind our house and really quite frankly we don't want to go in the backyard because of some of the activities that are going on back there. Secondly it's a huge liability issue on our part. We released that property back, we're required to maintain it, We were required to put in an $80,000 retaining wall to keep the erosion control in. We do pay to maintain it, Moe with irrigated all that. And we have people vacationers, but there's a few Arabian bees in the neighborhood. They come back there, they're under the impression that they can use the area or stairs to go in the lake. They literally camp out in our backyard. They have their kids jumping off our retaining wall into the water. It's just a lot of liability. We also have another business owner who conducts private, high-pitched lessons. He pulls his rib behind our property anchors to our retaining wall and he conducts business in our backyard. So it's just a huge liability and you know we we haven't been stood in obviously but we've been wanting to for a long time just to limit that liability and just for the safety concerns of our family having strangers back behind our property. That's very well. Thank you. Councilman, do you have any questions for the applicant? Councilman Colwell? No. Councilman Rufo? No questions, but just a comment. We've had folks come before the council asking for fences in the take line. But this is a very different situation where it's a border between a public access location and a private at least resident. So anytime these come where it's just people wanting to put a fence in the take line, that's a different situation. That's why. That's what the difference between this and most other times. Thank you, Kel. Councilman. No sir. Councilman Weaver. No. Councilman Krauss. No. Very well thank you. Thank you. Council, do you have any discussion items on this that you guys would like to discuss? Nothing for me prior to the public hearing. Okay. I always like to have a little dialogue before public hearings. So that way we can kind of tee it up a little bit for the public. I wish it had terminal mits on H.O.A. President because you know I'm pretty much Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. I did also review our parks and rec trails master plan in accordance to what was adopted in 2018. There is nothing cited to a public public anything. It sites three different parks. That park wasn't an exciting. So as I was going back trying to follow the ordinance, figure out what we've adopted because I too sold the sign. So it was a little bit confused on that. So in general, we're talking about something that is easily acceptable. You have the rules that allow it for the fact that we've also approved on the other sign. So it would just be limiting the access to what is being leased by this applicant. So with that being said, if there's no other discussion or topics within the council at 7.22, we will open up a public hearing. If there are any residents that would like to speak for or against, please let me know. Happy and happy to take the lectern. the public hearing is now included. So the chair will open up the floor to entertain a motion on this item. I wouldn't before we make a motion. I would like to thank the chair. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. So the the chair will open up the floor to entertain a motion on this item. I wouldn't before make a motion I would like to make a few comments. Can you go back to the slide that we just had? You know the one. You know the one. You're trying to get up the top before the public. I usually like to wait until I have the public hearings. I don't influence the public hearing, but anyway, I had attended the PNZ meeting. There was quite a bit of heated spirit discussion over this topic during the PNZ meeting. Ultimately, like the applicant indicated, it was a bit of a miscommunication, I think, on or misunderstanding, maybe not a miscommunication, but a misunderstanding on many folks apart. In the absence of this proposed fence, and I'll describe it as everything to the north of the red and yellow highlighted area. In the absence of that fence coming down this public access point, I think, you know, maybe rightfully so, maybe not rightfully so, but over the years, the public kind of assumed this was all part of the public domain. It was all part of the public park that was the assumption in the absence of any sort of indicator, otherwise, i.e. in the absence of offense. But again, following the rule of the law, the take line leaseback arrangement allows that property to be leased back, which the applicant has done so. And now that becomes private property. It's actually always been private property once the leaseback is in place. And as private property, they have a right to fence it in this particular instance. And so, again, people assumed it was a park. They thought that they were losing their park. It was never their park to lose. It was private property. So, you know, for that reason, and for the same reason, we approved the similar fence roughly seven, six or seven years ago on the opposite side. I'm in favor of this. Very well. That's good point. One thing I'm sorry. One point out too is of course the Cele's did do the erosion control on their side. There is a tremendous amount of erosion out there. That point is, it's lost the third of it probably in 30 years I've been there. Yes, the point is that it used to be. it's not as fun as it used to be. And it had been done there side. And the had requested that the city, maybe our EDC can help us out to finish that, finish the road control. I had agreement with our last city manager who's not here anymore. So I'm trying to resurrect that that it wouldn't cost a whole lot of money to finish that erosion control at the point and it would help Rush Creek and it would help us. Very well. Council. I have a comment too. For people who live here who don't have water on their property, I have a pond. I've been threatened. I've had beer bottles thrown. I haven't had to call the police yet, but I had to put up a mean neighbor sign, no trespassing. It was unbelievable. The owner gave me permission to be here, back off lady. Well, I'm the owner and I didn't give him permission. So I understand what they're going through and I owned Lake Property and Tyler and I used to show up. There'd be people in my backyard camping, it's fires. So I completely understand and I would move that we grant this. We're all out of fence. All right, so at this time, we'll, the chair will entertain a motion. It'll make a motion to approve. Okay, Councilman Weaver has made an motion to approve. Second. This conditional use permit, we have a second. Yes, second. We'll be second by Councilman Caldwell. So the motion moves. All of those in favor say aye. Aye. Those opposed? The passes unanimously. Okay moving into agenda item four.c case number F, F P 202405, consider and act on a final plot of fielding addition containing one lot on 13.998 tapersome PDSF land development for single family residential uses by ordinance number 190723b located in the intersection of Regin Low Road and further described as 820231. Missedel. Thank you. So on March 5th, the Planning and Zoning Commission considered this plan and they recommended denial for a couple of reasons. At that time, the applicant had not addressed some of the DRC comments that the staff Development Review Committee had provided in February and there were some non-compliance issues with the plan development ordinance. The second condition for the denial was that the City Council must approve a subdivision variance to allow minimum with 74 feet rather than 100 feet for the property line up adjacent to rabbit ridge. So following that denial at the end of comments, look with them through that process and resubmitted as a revised flat drawing. And that went to the Planning and Zoning Commission on August 6th, and at that time, the Commission recommended approval with two conditions. One condition was a holdover from the previous one where there is a variance to be required to allow the width of 74 plus feet. The second condition is you'll see a side plan in your packet that proposes a driveway that traverses this property, these 13 acres, and then provides access to two more tracks that are also owned by the same family. And so that drive needs to be enclosed and in the easement, and that would need to be done prior to the plot being executed. So here's an aerial view of the property. The 13 acres is this wedge shape right here. This is rabbit ridge and low road is a gravel road that intersects with the rabbit ridge at the bend right here and low road provides access to a couple of properties along the way. Well, actually several properties as you move on down low road. The zoning for this property is a plan development that was created back in 2019 and at that time the concept plan involved a plan to subdivide the property into eight lots with an internal cul-de-sex street would be to city-paying standards. And that required some improvements to happen at Rabbit Ridge and Low Road. And the improvements would be to Low Road as well as this interior street. And the plan development had some specifics on how that would be accomplished by coordination between the owner of this property and the owner. The owners of the portions of low roads, which is a private road, as it moves on down on down the way adjacent to the south edge of this property. So the applicant is not revising the plane development. The city can approve a plat that's less dense than what's shown on the concept plan and that's what the applicant is asking for you to do tonight. They are not, they're plotting it in one single lot, about 10 acres. And I suppose at some point in time, since they have this zoning, they could come back and ask to develop it out. My understanding is that they plan to put a single home in such a way that it would make this concept plan impractical, but the applicant, you may want to ask the applicant to speak to that. But anyhow, there are no proposed revisions to the growing development. So here is a view of the final flat. I'm going to zoom in a little bit so you can see a little bit closer view. The major comment that the applicant needed to deal with that hadn't been resolved back in the spring was treatment of low road. So they, and by way of this flat, are dedicating 25 feet of right of way that could be used at some future date to pay to provide for half of low road to be built. I did want to point out that the ownership of this lot is the same of Leap Water System drainage and grading plans will be reviewed with the building permit for this single home. And as far as the comprehensive plan is concerned, this type of flat does conform to the future land use plan designation as rural estate. Access will come off of rabbit ridge. The site plan that I mentioned previously is the one shown in the lower right of the screen and it includes this street and this site plan came into our building department as part of an application for a fence permit. permit included this driveway to location because it also included a gate at Red Ridge and so it was important to identify the location of their proposed driveway. So the drive will meander back here and provide access to an existing home on track 107213 and also to a a circle drive for an existing home on this track back here. 107215. And since this drive will provide access to three homes, it needs to function and be designed as a fire access road, according to fire code and city painting standards. And for that reason, we need the portion in this flat, which is just this tract right here, tract 1 of 7,00060, to being enclosed in a fire accesses. They did submit a tree skate plan and any of trees that are identified on this plan that are removed for any reason will be mitigated with the building permit. And we do when claps come through we always do a compliance matrix to determine if there are any inconsistencies with our ordinance in the only one identified in that process at this stage is just that furniture of 74 feet. So the SF43 regulations govern that width because the plan development did not specify any special furniture links. Sometimes the plan developments make special rules and this one did not. So in that case, we always refer back to the base zoning, which is SF 43. So in order to allow a plat with less than 100 feet of frontage on a public street, we have to ask the applicant has to ask you to grant them the variance. So just a reminder that for you to the state of Texas, flat review is ministerial. And you have three options with your motion to approve, to approve with conditions or to deny with reasons. So here's a suggested motion for you. One thing that we do need to have corrected is the title of the plot needs to be changed from preliminary plot to final plot. So that's a pretty easy. And then granting the variance and enclosing the drive in that easement would be the suggested three either conditions or reasons depending on how you move. Very well. Thank you. Miss Dell. Council, do you have questions for staff? Council, callable. What's the drawback in allowing the nearly 30 feet difference? It's a very peculiar piece of property. I don't know that there's really. It shouldn't affect a fire truck getting in or anything else. No, no, no, that was all reviewed with the fence permit and the gate. Okay. Thank you. Yeah. Very well. Councilman Rufold. Yes. So they're we're they're dedicated right. So okay, so we're going to have a driveway that's going to be adjacent to Low Road or I'm sorry it's going to be like parallel and roughly. Yes. And then they're giving a 25, but easement, if low road needs to be built out in the future. Yes. And so are we going to end up with low road and a driveway basically like right against each other? They'll actually be farther apart than they are right now. They'll be further apart than there. Yeah. They're not the area with the deployment area. Yeah. Yeah. Because of the meandering? Well, right now, there's a little apron right here that got built when Robert Ridge was improved. And it does provide access to a driveway that is not low road. It's like almost, like almost, it is almost adjacent to low road. It's separated by just a few feet. It's down this way from low road. Yes. You can see it a little bit better on the aerial over here. Let me get my head. I hate this. There's like three. Look how I have to hold it. Three hold it to be able to see that dot. There's like three entrances. Got you. As if it were three drive away. Okay. Yeah. So it there's low road, the gravel, and then that. Rider white is the driveway right now. So it's I mean, there's a little strip of grass in between the two, but fairly any. So they're going to abandon, they, their plan is to abandon that apron and that current drive and build this, this drive that's farther, farther away from low road. Very well. I see, I see they're moving the drive up. Okay. So, okay. That sounds good. I was just making sure as we got down the road, we weren't going to run into something that was frustrating and goofy. Listen, it's kind of crazy over there. Let me show you this. Here we go. Yeah, that's a good one. It's a much better thing. Yeah. I kind of forgot. I remember I was a teacher for the Iowa. Very well. Councilman Mormon, do you have any questions for staff? No, I do not. Councilman Weaver. Just a couple of comments. So, you know, as Aaron pointed out back in March, the PNZ and the council denied this various technical reasons that there were some issues that the applicant needed to resolve from a technical perspective. Otherwise, we were very much in support of it. So the applicant has now done that and come back to us. And so, you know, I think in the grand scheme of things, if you look at it from, holistically, this was previously years ago approved for eight homes. Now it's been reduced to one large estate, a 13 plus acre estate, which is certainly the direction, you know, we all want to be moving in. So, you know, I commend the applicants, I commend the staff for working with the applicant, getting all the ducks in a row. So here we are today with what I think is an excellent use of this land. Very good. Thank you, Councilman Krauss. I agree. And it helps access to the other properties that they own. And I'm just curious, also having been a board of adjustments member. Another avenue they had needed it. But I assume they won't need a board of adjustments. In other words, you could certainly take that as a hardship not having 100 feet of land on the end versus, so just be clear. Harcift rules have reached since you're not on BWA. You may not be aware of it. You can have new hardship rules. It is hard for you. I agree with Bren, I think overall. I mean, I don't know how, how would you expect to fix that? This is one of the biggest hardship things. Most people say, well, it's too expensive. That's not a hardship. Anyway, I think it looks great. Okay, very well. Is the applicant here? Yes. All right. With the applicant like to take the lecture. Thank you, staff. I'm an architect with RGDB. We have architecture behind those bills adjacent on the very part of the property. We've worked with the owner and would say to. Let us. This flat out and provide the right way to make your requirements as needed. If there are any questions that you guys have, I'd be more happy to answer them. Thank you. Councilist, this time you have any questions for the app. I think mine would be similar to polls. I mean, I guess I'll stop to you whether it's beneficial to have a fire access road versus. Is there too many property owners on low road to work out improving them? I think it's kind of difficult to say but there's access to the other properties on their property and there's access to these three previous property on ours. The road that was there was unusable in order for us to get back to our property. It made more sense for us to put in a name claim right away to bring the owner to his new house, as opposed to trying to improve what was already there. The right away is still there in place, in case the city wants to improve the road and as far as future use and the enjoyment of the property owner. He's got a nice ride way that he can get everybody and have access if he chooses to go to another property. That's not currently in the future, but it's out there so it's a possibility. Okay. Thank you very well. Council and the other questions for the applicant. Thank you. Thank you. Appreciate it. So I would concur. It's definitely garage and barn that you're looking at on the other side of the best records so it's a very large, beautiful state. And there's no further questions. I'm not it's done. Um, miss Ability want to put up the recommendations at the time this time the chair will open the floor to entertain a version. Is there any other right away we would ever now you get the road right away you don't need any other water sewer no other right away. And that's not right. Nothing else is needed. Sorry. All right. I move to approve the final plat of fueling addition with the following conditions. One, change the title of the plat from preliminary plat to final plat. Two grant a variance to section 159.21 E4 to allow a lot with of 74.12 feet and three and close the driveway shown on the fence permit site plan within a fire access easement. All right, very well. We have a motion on the floor as stated. Do we have a second second? All right. We're all racing. That's right. We're all racing. That's right. Yeah. Okay. Just that's like Ralph's got that. So the motion moved. So all those in favor say aye. Aye. Those opposed. All right. Passes unanimously. Thank you. Okay. At this time, we're going to change the agenda just a bit and move into splitting this executive session. And what we're going to end up doing if we can, we'll do executive session in the conference room. Okay. So at this time, in accordance with Texas Government Code chapter 551 sub chapter D, the City Council will recess an executive session. This is a closed meeting to discuss the following section 551.071 consultation with attorney on the matter and wants the beauty of the attorney to the governmental body and the Texas disciplinary rules, a professional conduct and the state bar of Texas, clearly conflicts with this chapter regarding zoning compliance and comprehensive plan standards in case number ZA202401 and ZA202403. I think people are here about the tournaments. Council will take a particular session in the conference room. Here. Open session at 503 in accordance with tests and development. Checked in five bottom one of planning and zoning commission. Are we. on the go to chapter 5 on 1 of planning and zoning commission are read the ones I think. That's the. The city council will retain the rate of session to consider action. The big on that is discussed in executive session. So at this time, we will move into agenda item 4 dot. It's case number C. A403 conduct the Public Security Act on the order. The zoning destination, the presentation from an agricultural district to SF 40 Greece and Beach Square of the intersection of M.M. 740 Ridge Road and he been crossing adjacent to the White Road and brother described this abstract 207 steel survey tracketing by city of E. Rockville, Penning, Texas, this is it. Thank you. So the applicant for this case is K.M engineering for the owner BCG BC golf to limited the properties currently zoned agricultural district and they requested in this application a straight zoning of s of 40 to be single family residential district. and mail notice of public hearing, then mail notices went to 244 neighbors that are within the 500 cut notification boundary. And today we've received 41 responses that were in your packet as well as a couple of extras that I put on your on the table in front of you before the meeting began tonight. So we have in total now 13 responses in favor and with the addition of the two that were made to team tonight 30 responses in opposition. The Planning and Zoning Commission considered this application when they met earlier this month on August 6th and they at that time conducted a public hearing and they recommended denial without prejudice because of their motion to deny the city council does have a super majority requirement to approve this application and that's outlined in section 159.8 c3 of our zoning ordinance that states that if a change is denied by the Planning and Zoning Commission, the change can only become effective with a favorable vote of three boards of all the members of City Council. So with there being seven on the council that would require an affirmative vote of six or all of those in attendance tonight. We compared the application with our ordinances, and this is a straight zoning case, so there are no differences to highlight no variances requested. When considering zoning changes, one thing that you must consider is the comprehensive plan. And in this case, the comprehensive plans future land use plan designates this property as the comprehensive plan. And in this case, the comprehensive plans future land use plan designates this property as rural estates. And that is described as large lot single-family residential development with an overall minimum density of one acre lots. The corresponding zoning districts outlined in our comprehensive plan for rural estate compatibility are AgSFE 3.0 and AgGRA 43. So the application does comply with one of those three districts. There are two others that also could be considered as compatible with the rural estate designations. So our comprehensive plan contains some land-use strategy and we are to use that land-use strategy as a guide when we're determining if requests like this are appropriate and consistent with what the city has identified as its ideals and quality or quality and sustainability. So there are some questions that can be asked that the comprehensive plan indicates should be considered prior to approving rezoning requests. And those questions are, does the development provide something unique for key? Is the development within walking distance to public uses parks and open spaces? Does the development provide off-street to guestry and bicycle connections? Does the development proposal impact the city this fiscal year? How does it and how does the development impact the city fiscal year in terms such tax or any infrastructure or public services and other things such as parks and schools? How does the development respect environmentally significant areas? And then also you should ensure that the proposed development is of a type and quality that will be acceptable for the long term, especially if the immediate development of the property is an intended to occur for a while. Our zoning ordinance also gives some guidance on what the purpose is for zoning districts. And it states in there that the purpose of zoning districts is to group together uses that are compatible with one another and according to their normal characteristics. And so some of the other aspects of the purpose of zoning districts is to permit uses that are customary and necessary and those customary necessary accessory activities that are incidental to the principally use. To permit certain other uses that might be established in some situations and subject to specific conditions if the special uses will be compatible with those uses allowed as a matter of right. There's a lot of words. But there's a few, a couple more slides here, so bear with me. I don't know. Another purpose of zoning districts is to promote orderly, timely economic growth and to recognize current land use conditions to provide sufficient space and appropriate locations for the development to meet the future and present and future growth needs of the city. To protect use areas as far as possible against heavy and unnecessary through traffic. To protect use areas against pollution, environmental hazards, and other things that are objectionable. To protect use areas against congestion as far as possible by managing the density of the population, by providing proper off-street parking and by providing open spaces that give opportunities for rest and recreation. And to break the monotony of continuous building bull. To provide for privacy and access of light and air to windows and to all devices that are powered and healed by the sun as far as possible through controls of things like things facing and height of buildings to promote the most appropriate use of land in the direction direction of building development that does not conflict with the confidence of plan or the adopted policies of the city to promote stability of development to protect the character of the districts to conserve the value of land and buildings and to protect the city's tax base. Last slide, I promise. To promote the most efficient use of city facilities and services, another purpose of districts is to protect against fire and explosions of other safety hazards and to provide for fire protection and access for fire equipment. To accommodate use activities and operations whose external physical effects are restricted to the area of the district and in no manner affect in a detrimental way any of the surrounding districts. And finally to preserve and protect the favorable and unique quality of life enjoyed by the citizens of the city. So that is a list of the things that the zoning districts are intended to accomplish that's taken directly out of our zoning ordinance. And I just want to show you an excerpt from our comprehensive plan. This is a table that describes the land use type and designations on our future land use plan. And this area is designated for rural estates, which again is intended for large-lot single-family residential developments with an overall minimum density, overall minimum density of one acre lots and the agricultural SFE 3.0 which has now been codified, it was proposed at the time of the Compliance Riding and then also SF 43 districts are considered compatible with that. At that time, at this time that concludes my presentation and I'd be happy to answer any questions before they're public hearing. Thank you, Mr. Del. At this time, council, do you have any questions for Mr. Del? Councilor Coglow? No. Councilman Rufo? Not at this time. Councilor Marner? No. Councilor Weaver? No. Councilor Graves. No. No. That's my gross. No. At this time, with the applicant, like to speak. Thank you Mayor. Members the Council are at Anderson 2728. Worth Harwood Street representing applicant. I have to leave after my presentation. So if y'all have any the PD applications of the application before the council is the straight sf1. We also submitted a written protest under section 211.06 local government. I think the key piece here on the comprehensive plan, anybody could take a snippet and a phrase out of any document and make them say what it wants. The real key is the state statute and the comprehensive plan say the way we're going to implement this is through the comprehensive zoning ordinance. That's how we're going to do it. A lot of those items up there, if the city had wanted to put those in the conference and zoning ordinance, they might have been able to do that, but they didn't. They decided to implement the comp plan through the conference and zoning ordinance. We're coming before you with a request that it's a 100% compliant with the conference plan and a 100% compliance with your conference of some ordinances. We have lots around us, some that are one fifth the size of the lot, so it will be in this development. But we've got 6,000 square foot, 15,000 square foot, lots, half-naked, lots, and commercial. And the only reasonable district that's available, by the way, Ag is not a felon, it's a district, that's a temporary, it's not a category. The only reasonable district that is consistent with the con plan and your comprehensive zoning ordinance that says have one and we're a question that you're from that. What was the last thing you said you dropped off? I'm sorry. I didn't understand you said SF and then you're going to say. SF1 district. It's basically the minimum one acre district. Thank you. Very good. Thank you, sir. OK, so no questions. I'm sure they have some questions, we wanted to respect you had to leave. You said that you needed to leave. Right, I just said there's any questions to make. I'm sure you all have lots of questions. Do you guys have any questions? No. Okay, thank you. Thank you sir. Okay, very well. Council, would you like to have a discussion or before the public hearing? Not at this time. Very well, we will have a public hearing at Venom 5. So at this time, if there's any residents that would like to speak for or were against, please take the left. Okay. You'll be next. You'll be next. You'll be next. You'll be next. You'll be next. You'll be next. You'll be next. You'll be next. You'll be next. You'll be next. You'll be next. You'll be next. You'll be next. You'll be next. But it's all right. You know, it was like, it was played out that said, you know, silence is acceptance. Think here it's a little, goes a little beyond that. I think acceptance is consent. Consent is approval and approval is ultimately ruled. I think all of us have spoken. And I don't think we want to just be ruled from that aspect. When we look at this, we look at, they've continued to all brothers themselves, which is where we identified them as, whatever they name them, they want to put up there on that. They continued to come in. They came in with something was totally non-compliant with a half-hanger. You know, that was shot down and down it, came in with a plan development that really wasn't an alignment with what we did across the way in Sherpa Tathas. You know, we gave up a third of our acreage to have green spaces. We have 10 acres and the back and five acres in the front. We work well within the community and the green space, the open spaces that people look for. And that's what I'm looking for from a developer from that side. Somebody that's willing to work with the community itself and not be at odds with them and not say it's my way as a highway. And that's what we've continually gotten in every meeting I've been. We give our time to make sure they're work here, to be heard. From that standpoint, I don't see where we cannot still continue to look at an SFE 3.0. We just seem to know that the fielding property on item 4.c was a 13 acre. They've seen the value in the estate lot. I think everybody sees a value. We have acreage in our community that's 2 1 1 1 half acre lots. So out of our 34 homes on 46 acres, we gave up 15 acres to have that. And so as part of what we look at, regardless of a size, the number of houses and everything else, we look at what is in a line with a quality of life that is going to establish your heat. You know, we call it urban, or really sub urban chic. But when I look at it really from the standpoint of, I want to be able to work with developers that are willing to work with us. And I don't threats. I don't take kind of my favorite movie tunes to Under Hawk the Mary. And I'm willing to do that. I'm willing to fight for what I've been here for from God since 88, under the Rock Wall. So keep up fighting. Thank you. Thank you. All right. and I've resided at 525 to Bindell Dye for almost 32 years. I can recall at least three different times of period property that's come before the city for zoning change. First time was about 25 years ago and the developer wanted to put in zero lot line homes and town homes. There was a standard room only crowd in the tiny old city hall that was probably smaller than this room today. And that zoning change was denied. The property came before PNC and Council again in 2017. This time the plans for development included a mixed use concept with a large section for retail, long rich road, as well as single family homes and patio homes. Again, Heath residents turned out in droves to voice opposition to this development and again, the zoning change was denied. Shortly thereafter, the city developed a 2018 conference plan that stipulates the one acre lots. I was in attendance at the June PNZ meeting and saw the toll brothers' presentation. I heard the commissioners comments and feedback given to the toll brothers' representatives. Uniteness was a common theme in the feedback since the conceptual plan presented sorely lacked uniqueness. After the meeting, I thought toll brothers would go back to the drawing board and return with a revised plan that would address the concerns of the PNC board and the citizens. It was clear at the June meeting that the PNC wanted to work with told brothers to find who the plan to meet the requirements spelled out in the 2018 comprehensive plan. I also attended the meeting in August, the PNC meeting. I was very dismayed with the presentation if you can call it that made by the toll brothers attorney, Mr. Anderson. Mr. Anderson pretty much dismissed all the concerns. Excuse me, the he's residents had with regards to traffic and water. Simply put, he said the developer would just put in some turn lanes and that would be all that would be needed to address traffic. He further stated that a strained water supply was not a legal reason to deny its only change. It was evident that toll brothers had decided the suggestions made by PNZ boarded to change it not more than any effort by toll brothers to amend the conceptual plan to incorporate changes desired by the PNZ and the heat citizens. Instead they tried out their attorney who was overpaired to answer questions and basically said it was crazy to believe any developer would ever consider reducing the number of lots or to include three aggregates in the plan. If toll brothers truly wanted to develop this property they should have shown they were willing to work with the city rather than trying to intimidate the city and to improve in a plan that only meets the minimum requirement set for by the conference of planning. I'm floored City Council to deny the Sony change request based upon these fees. Thank you. Thank you. We have anybody else that would like to speak for or against? Yes sir. Steve Wider, 244, Mockingbird Lane. I reiterate what everyone's been saying. They've had four lights at the Apple. PNZ has turned a mount every time. They don't care. They don't care what we want. It's just what they want. And it's not what he wants. They're trying to put 20 pounds or five pound back. It's not going to work. Traffic is terrible now. It's going to be horrendous with them. They don't want to do anything that we want to walk here. There's no custom homes, it's all track homes. That's not a heat. And if you guys approve it, it falls at your feet. And you were going to have to live with it. So you just listen to the citizens. Not the big developers with all the money. Thank you sir. Yes. Yes. Hi. I'm Lee Lashley. I'm at 500 Heathline Fossign. I spoke last time and I've been around for most out here in that early 80s. So I've watched the community grow. And that's why I'm here today as an adult. I've had a few talking points around just kind of represented again what I've talked about before, what all of my neighbors have talked about before. And I'll just reiterate them again. I'm going to say them again tonight whenever we have the second case come up. But the things that are important, we need to stick within the elements of the comprehensive plan. We definitely wanna help support development of the parry property and any property that comes up in any way we can, as long as it reflects the spirit of heath, the less density, more green spaces and areas that support our walking path efforts, homes that maintain the integrity of our existing infrastructure and the infrastructure that can be developed properly in order to support a new community. That's water, that's roads, utilities. Again, we have talked about uniqueness at homes being developed there and those that are unique and have the style of Heath with custom acreage versus track homes. The entryways, of course, the traffic safety and not situation should also be included in planning. And I know one of my neighbors is going to talk about this, but you know, we do respect the fact that 12 brothers does want to be at the corner of Maine and Maine. And it is a premium location. It makes sense for 12 brothers to be there. If 12 brothers was interested in working with the community, to come up here tonight and to say that anyone can take, I wrote this down, because I don't want to like mince words, to say that anyone can come and take whatever they want out of a comprehensive plan and make it mean whatever they want. Is yet another example of an attitude in a stance from a builder who was making it clear from the jump that they are not interested in working with and maintaining the integrity of his community. This is not a developer who's interested in working with us in a new way shape form, you know, when someone showed you their stripes. A reason to deny a zoning change is to maintain the integrity of the community that has gone through painstaking efforts to protect a community for life and not for profits. It was like my neighbors have said this is the fourth time that told brothers just had a chance to do something with the input from P and Z and from residents and have done nothing to improve it. And the development will live way beyond our time here and this is our chance to get it right. So I'm for you guys to consider all of those things tonight and I think you're free. Thank you. Great. Thank you for your time. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Hi, Andrea Woodworth, one, three, three, Sawgrass Drive. I know many of you here are a long time resident, and so, Pete. I'm actually not. My husband and I just moved here about 16 months ago. And when we made the decision to move from we've loved our neighborhood and East Dallas, we were ready to get out of the city. We had kept a boat out in Chandler's Landing for several years and we knew that if we left the city, the only town that we would consider was Heath. And that's because of the uniqueness of the community and the sense of community that we have here. And before we bought our home and the Fairways of Heath Crossing, we read that comprehensive plan from back to front. And that solidified our safety net and purchasing the home where we did. And if we had seen what the told brothers are proposing in that plan, it would have drastically changed to this decision to buy our house. We moved to Heath because we don't want to be in a neighborhood of track homes. I commute to Plano every day. I'd rather sit in traffic on the bridge than live in Plano and I'll continue to do that. So I think that to echo what the rest of the community said, I frankly feel like the told brothers have wasted our time. I don't feel like they have made an effort to be part of the community at all. It's evidenced by their character and the fact that several of the meetings have been standing remotely and no seats were given up to any of the community and a whole role was taken by the developers. I think it's obvious that they do the bare minimum and they do the bare minimum by showing up the bare minimum among meetings, the bare minimum amount of time to be to stay at the meetings, not even being here to answer questions on the rest of us for here until 11 o'clock, a couple of weeks ago. It's just not the people that we want to do business with in this community. Thank you. Anyone else like to speak for against? Yes, sir. Let's see. My name is Mike Mendez. I live in one away, Blue Heron. In 1981, I came from San Antonio and I became a Dallas police officer. And I wanted a place where I could raise my family safely. And believe me, I loved everywhere. And I found this place. And we moved out here in 182. And this has been the greatest place for me and my wife and my grown children now. My wife and I love this place. We want to live out here the rest of our years as possible. We live right now. We live directly across from this new development. And I strongly believe that this would hurt everybody in that neighborhood. But it's not what I want to see every morning when I wake up. I love this city. And I think this is the greatest city in Texas and I just want to say that I think it'd be bad for us to do something like this because it would take The home feeling away or the small town feeling away plus I don't want to live in a place where there's a lot of track housing or anything like that. I think it's going to hurt our property values tremendously. Thank you very much. Thank you. Hello. I'm Brian Rays, 345 Broadmore Drive, eighth crossing. I'm a builder. I've been a builder for almost 30 years. I've built homes of different various sizes and different various municipalities. One thing I will say first of all of all the major municipalities I've built in and one of the things that has driven me towards these is the care that this city of Peace has for its trees or the environment. And neither of the plans I saw with the toll brothers seemed to have that, as a matter of fact, one of the planning zoning meetings, I believe they mentioned that they wanted to slip in something where they were letting them cut, you know, keep much larger caliber trees than what the city plan has. I think it's very important to keep our trees in these. The other thing I'll mention is, you know, having built a lot of different size homes, there's a huge difference to me and the quality of the houses that are built around he especially in the new communities and what the toll brothers build. They build a wonderful home, I'm sure in a lot of me it's great, but what makes he's unique, not unique to other communities, but at least unique to, you know, some of the surrounding communities is the fact that we've maintained the integrity of the types of custom homes that we build. And I think it's very important to keep that going. And that's it. That's a lot of stuff. Thank you, sir. Thank you. Thanks. I'm sorry. Anyone else like to speak for against? There. I recommend you leave it open. The public hearing. I'm Brad Larsen. I live at 2000 Kings pass Buffalo Creek. The parry property that we're looking at here is probably the most beautiful piece of property in the entry to the beef. And I think it's a gateway piece of property into the entrance to Heath. And I think that whoever develops this property needs to develop this property in representing the gateway into Heath, Texas. And I don't think that this development represents that. I don't think that a volume builder building over 100 homes with no walkways, no bike trails, no open spaces represents what we want in our city. So I would recommend that you deny this. Thank you. Yes, sir. One more here. Sure. We got on that. My name is Bill Allen. I live at 105 saw grass. We're probably, it'd be a hundred feet from the cemetery over there on White Road. So we're very close to where this place is going to be. And it's real important to us, you know, when we first started coming to these meetings and we listened to the early discussions. There were, there was a picture painted to the developer about what was important to the city. That picture was painted probably three separate times, three separate meetings. And part of that picture was just as some of the folks had talked about here where when you drive into the community of East, you see on your left this beautiful this beautiful country plot. It could be some homes and it could be very attractive. And there was a suggestion that the setback along Ridge Road would be somewhere along the nature of 60 feet, something that would allow some nice landscaping. And that suggestion was echoed by a number of the people on the board and not once did anybody from the developer come back with anything that addressed that they basically ignored it. There's a number, there was a discussion about the setback over on white row and the developer privately said amongst a few of the homeowners that are over in the Fairways section that it would be a fairly large setback so that you wouldn't see so you could landscape it. But then when they presented it, it was nowhere near. It was no offset whatsoever. It was like a 10 or 20 foot offset. So what you'd have would be a row of homes. And honestly, I'm in agreement with most of the people here that I wouldn't want to deal with the developer that isn't looking to take care of our interests. And we're in a unique position. I don't know how many builders we have in the heat area, but there's easily eight or ten that are reputable, build it, that do a great job. And I think if you reduce the number of homes to somewhere around 50, and you put some developed, there's some common use areas, pathways, you could have a beautiful area there. And maintain that 60-foot offset all the way around on every existing road. Landscape it the way you want. There's money to be made on that property, but I don't think it's with toll brothers and not with toll brothers and meeting our needs. So I think we have a great opportunity here, and it may take a little more work to get it where we want it, but I think we can do it. Anyway, so I got to say. Anyone else like to speak for our against. Sorry, very well, council at this time. To discuss. You guys have any questions councilman Kraus No, I've read the package and comments and heard input okay Councilman call well In a little while That was my favorite. No real questions per save at some comments. Like many of the time up already. No one here. Thank you very much. I think like several of the residents said, there we go again. That was your time. I'm watching. There you are, Mark. There have been numerous meetings on this on this agenda item already. You know, it's come to PNZ several times PNZ, I think has done an outstanding job. And the residents as well have done an outstanding job of of conveying or I think is one of the residents described it painting the picture to the applicant of what the residents are looking for, what the PNZ is looking for, what the city is looking for. And the PNZ, very nobly granted numerous tableings, at least two tableings, to give the applicant the opportunity to adjust, to respond, to adjust their design, to reflect the tremendous amount of unified feedback. I would call it, but they receive from the public and from the public. the tremendous amount of unified feedback, I would call it, that they receive from the public and from the PNZ both. And yet here we are, and effectively as far as the public is concerned, the fourth meeting now on this item, it's the first time that the city council has seen it, but it's the fourth time that the public has seen it, and the design has not changed. And so that's extremely disappointing. Well to that point, we don't really know the design, right? So for clarity purposes, on this application that we're addressing, this is a straight zoning, so we don't actually have a draft of what this looks like. What we've all seen is the other applications for PD and then the SF-22. So technically, we don't know what this looks like. They've just basically said that they're going to follow our ordinances and apply our ordinances to this SF-43 reason. Just to clarify for the audience. And that's fair and that's accurate. We've seen the PD-43 design, you know, again numerous times that was also on the next agenda item. That design has not changed. And so, again, when I look at this process, and I absorb all of the input, both from the developer and from the residents and from the P&Z, I see a vision here that's very clear, and an opportunity here that's very clear to create a premier type of development and what has been offered to us is simply not that and it's you know again the told brothers in one of their earliest meetings and I think one of the residents spoke to this quoted that they like to be at at the corner of Maine and Maine. They like to be in a premier location. They like to represent a premier product and so forth. And this piece of property is absolutely the premier piece of property in Heath. It is at the corner of Maine and Maine. It is our gateway to our city. And so it's gonna reflect as soon as you drive into Heath, this piece of property and the way it's developed is going to reflect and set the tone for what heat represents. And again, to date, we have yet to see a plan. And today we're looking at no plan. But today, we have yet to see a plan that really embodies that vision and embodies what to comprehend, comprehensive plan references. And there are numerous bullet points I can quote from the comprehensive plan, I think is the applicant's attorney to suggest is that you can reference bullets from the comprehensive plan, but they're not that critical or they're not that important or whatever inference he was trying to make there, I disagree. The comprehensive plan lists numerous important goals and objectives, require in each development to provide certain unique amenities. Proximity to parks, proximity to trails, require each development to have unique amenities. The neighborhood, it'll attract reinvestment because the property is unique, which is not the case in a large homogenous subdivision. So again, when we look at the plans that we've been presented in the past, they are homogenous subdivisions. Continue to implement the cities established residential anti-monotony standards. Again, if we look at plans that we've seen, they're quite monotonous. I get another recommendation straight out of the comp plan, preserve open space and make it an integral part of the neighborhood, such as common green belts and green spaces throughout the neighborhood. It's not in there. I can do this all that long. The list goes on. The neighborhood should provide the feeling of openness while also incorporating and preserving open space. Now, what does that mean? That means you can have large lots and have open space. It's not a one or the other. The comprehensive plan took that into specific consideration. That's the language that's in our comp plan. We can have both. Preserve a heath's unique, rural character, community character. Preserve, preservation of heath's unique, rural community character. Again, that speaks to what the residents have been talking about. Heath is unlike most other cities by design. And so to fall into the path of becoming like most other cities by design. And so to fall into the path of becoming like most other cities is counter to what we all came out here for. It's counter to what our comprehensive plan represents. So when a developer comes in, they've got to recognize that vision. They've got to read the comprehensive plan. And this of course is just a small excerpt of it but it's it's a unified clear revision of what the comprehensive plan is is conveying. This is right out of the comprehensive plan and it very much reflects what we hear tonight. Citizens have repeatedly voiced their preference for maintaining and enhancing and enhancing Heath's low density unique rule residential character. What's that mean enhancing? It means we're going to take what we've had in the past. Some things are old, that they were built before the comprehensive plan was put in place. That doesn't mean we're bound by them. It means we're going to enhance the character that we've We've had in the past and built upon it. That means maintaining the low density unique rule residential character language straight out of the consland It goes on and on so My point is is I think We as a city have been trying to work with the developer. We've been encouraging them and providing them significant feedback, but there are still as you heard tonight numerous concerns that this development as proposed does not rise to the level that our comprehensive plan indicates, nor does it rise to the level of some of the specific items listed in our zoning ordinances, some of those items that Aaron had on the screen earlier, but some of those, and I'll just mention a few of them that I've highlighted here, to protect use areas against congestion by managing the density and population in and around and by providing open areas for rest and recreation and to break the monotony of continuous building bulk, thus providing a more desirable environment. That's straight out of our ordinances. Their plans don't reflect that. To promote the most appropriate use of land and the direction of building development, which is not in conflict with the comprehensive plan, or the adopted policies of the city. And again, we as a city have been striving to promote and preserve and protect our rural development character. And so to protect the character of these districts, which is what I'm speaking to, to conserve the value of the land and the buildings and to protect the surrounding communities. So you've heard discussions tonight the value of the land and the buildings and to protect the surrounding communities. So you heard discussions tonight about concerns about how this type of development will impact the surrounding developments and their value. And so again, these are items that. But I feel that the plan does not reflect and protect those characteristics. Very good. Thank you. I've got a lot of sub-enhorped pages, but I'll yield. Okay. And I'm glad I yield, but you make a great fun. And the comprehensive plan was written by our citizens. Hold on, Council. Yes. So, since you took so much time to describe it, so I'll go ahead and speed first off. One thing that I think is very important that we focus on is what we're talking about right now. Right, when we talk about plans that we're saying their plans don't match, we need to be mindful of this is a, there is no plans, this is a straight zoning case. So we just need to make sure that we differentiate it too. However, I want to address a few things. Some people may like some of them may not. We're not intimidated by any developer. Okay, so let's just be real clear. The second thing is, is that all of us want to see this city stay every bit of wonderful, whatever that wonderful picture is in your mind, want to see the same thing. So I absolutely took a lot of notes as you guys were speaking. I've listened to every PNZ meeting. It's a very personal because it's right at the entrance of my neighborhood. But I also want to say a few other things. Let's talk about a few things. Water. Okay. We've heard a number of people say at the PNZ meeting, hey, you know, hey, why would we ever consider a new development because we have water concerns? We have a legal obligation. So, so we we have to provide water. So it is not a thing to where you can deny a zoning case due to water. It's important that we say that, that we can communicate that. But traffic, traffic is very real. Traffic could be a big problem. I don't know what that looks like. I haven't seen a traffic stuff, but I could assume that that is going to be a couple of problems. And since we don't have a plane, it's just a straight zoning case. I mean, we can talk about what we saw, but that's really not the plane. That's what was state. So now where's the traffic going? Is it coming out to Heath Crossing? Is it going to White Road? Is it going to 740? What's it going to look like? But again, I haven't seen a traffic light. I have major concerns with traffic and the flow of traffic. Property values. I agree. That's a concern. Genuinely speaking, I think that's a big concern of everybody, right? It's a major investment that you put into your own property. So what's that gonna look like with any build? Let's take this builder off of the docket with any builder that comes. I remember when I bought my property that would currently live in, builder came in and put in three spec homes right around my house. That wasn't a very great day for me. Okay, so I can relate to the concern. I do love all of my neighbors and they have beautiful homes. So just I didn't see them here but I want to be very close. But I understand the concern there. I also understand property rights. Okay, so we're a very, very conservative state, we're very conservative city, when we get down into the municipal level, we go, hey, whoa, none of our property rights. I don't want you guys to have any property rights. We've got to be careful with that because they do have property rights. So what you're hearing is a developer getting up there and speaking, which actually what you heard was the attorney now, which tells you directionally where this is going. And we also have a fiduciary responsibility to think through what that looks like. But in general, we're talking to an attorney in this in this display of information, okay, but There's a property owner here and this property owner owns a hundred fifty eight acres So for me if I want to go sell my home. I just hire a higher realtor. I put a sign out. I go sell my home I don't own a hundred and fifty eight acres I hire a realtor, I put a sign out, I go sell my home. I don't own 158 acres. Well, you got a different kind of buyer that's gonna buy 158 acres. So I do wanna make sure that we have that dialogue because the property owner didn't get up and speak tonight. But I think that they have a police in this conversation from the sample, they wanna sell their property. Now, so let's keep that those two elements separate. So you're talking about a developer, but you're also talking about a property owner. And in fact, we listen to some people speak tonight talking about how we've stopped the rezoning of this property three times. So imagine if that's your property. And imagine if you own 158 acres, and every time you went to try to sell it, a different developer comes up with a new plan, and it doesn't pass. The difference in this scenario is, is that those plans, by the way, I was very involved back in the day when some of those were being done, because I didn't want to see town center there, and I didn't want to see commercial center there and I didn't want to see commercial there for a property inside of the neighborhood and which I was going to live. But in this scenario, they're not asking in this application for a variance. They're not even giving you a plan because they don't technically have to and they're not going against the comprehensive plan at a very specific level, right? So there's also those elements that have to be considered. So this is very complicated, and it's important that we have that as part of this dialogue, going further into things of keeping the cows on the record. I wanna keep the cows. I love the cows. I like you drove into Heath that's like I was like I really hope nobody ever buys that and develops that just personally okay so I love the cows. Unfortunately that's not an ordinance that's not something that we can say to a property owner. Hey you can't sell your property. We want to all see cows and because we filled up city hall, we want to see cows, you know. So, so again, I just want to be very pragmatic in listening to your concerns, but also addressing them as it pertains to us making a decision, right? Another thing is uniqueness. Wow, let's go around the room and ask everybody what uniqueness means to them. It's gonna be a different answer, right? So therefore, this makes it that much more complicated. I don't see a plan, I see a straight zoning case. I'm trying to apply the comprehensive plan because I wanna see uniqueness. And I don't believe that we've seen anything from the communications, from the developer to planning and zoning that would say they're really listening. Agreed? I think that that's something that is frustrated. Personally, as I sit here today, I'm frustrated with it. Drainage. Drainage is addressed. We've talked about our ordinance for drainage. We've talked about lots of lot drainage with a master drainage plant. So again, they're going to have to comply with the ordinances as it pertains to that line item. And then I also saw in some of these packets, I think there were two of them that said schools are overcrowded. Unfortunately, we can't do anything with school overcrowded. That's the ISD and the ISD's planning. So now we create the development, and so therefore, it's the municipal government that allows it, and so the ISD has to plan appropriately. But again, we can't really govern based on school overcrowded, OK? So with that all being said, I said a whole lot, and I said nothing. Right. I look at this and say, Hey, it's, it's, it doesn't. The things that I've seen, I'm concerned about what that looks like. As they're saying, I've got a straight application, straight zoning, and we're going to follow your ordinances. Well, as I see some of the ordinances, I'm not sure that they can follow that. And so the clarity I'm really struggling with, because as you've stated, are they really going to follow this? But once this gets re-zoned, I mean, it then falls to the staff, right? To work with them to ensure that they follow these references. So, so I definitely have some concerns, but I also understand the legal requirements and ramifications. And so, with that being said, I yield the floor Councilman Rufo, did you have any further thoughts? Well, I agree with a lot that's been said. Thank you for coming out tonight. We've also taken a whole bunch of notes. Appreciate the arts community and the passion we will have for protecting our community. Yeah, the fact that there's no plan right now that the PD that we are going to get to talk about has been pulled off or requested to be pulled off the table is definitely concerning. We certainly like to have some of those conversations and so yes, a mayor to your point about some of the unknowns. Yeah, definitely some I would like to see more conversations about these things, certainly before being approved would be my druthers. Okay, very well. Council Member. Yeah, coming from a public safety standpoint, that's where I, where my mindset is and into your words on the traffic issues and which roads are going on. It's a major concern of mine is public safety so but I agree with everything you're saying very well. Councilman Colwell. Okay I'm old I've been here for a while I was on planning and zoning and I was wrecking my brain tonight. I don't think I remember one time in the years I served where we just had someone moving something out of egg without a plan, without a plant, without a concept. And up front, like the mayor has done, I always try to educate people with money and zoning that God, we love the cows, love those cows. I don't mean people with cows, but if somebody comes along and it's Grandpa's land and they want to develop it and they're meeting all our minimums, then we have to buy it. And we don't really have that kind of coin land around where we can buy it 150 acres. So we have to work with people, or it's called condemnation. And we can't afford to do that. So it's been a really interesting experience. Two members of planning and zoning are here. And in the time I served, we did a lighting ordinance. And you think, oh, these nanny states, but we didn't want the city to be a landing pad. And we're not too happy about Chase Bank. But because of those ATMs, we had to let them have those bright lights. We also did a tree ordinance where we were working with both water run off so you can water gets absorbed and for the cooling and I think miss. that the trees are important and we do need to leave the trees because it has, and we're in litigation over trees because we do protect the trees. We've done a lot here and it may seem that we're not focused but I think we're very focused on trying to keep, it's just like our fences. We don't let stockade fences. Why is that? Because we're not Dallas. We don't hide behind a 16 foot fence. We want to see the bird in the squirrel in the neighbor jar and we want to know our neighbors. One of my dear neighbors is sitting here tonight. So there's a lot of effort that goes into doing this job and that lawyer got up there and he referenced I happened to be one of those nasty lawyers. I'm not the city lawyer, but I spent a lot of time looking at city laws and things at impact in order for me to make an intelligent vote on this body of people who try to keep your city intact and a semblance of what you moved here for. And I've never seen that section so I'm uncomfortable doing anything until I dissect what he's slowing out there tonight. So I just got over COVID so I'm a little bit doltish, a little slow because he hasn't been a lot of sleeping, he's been a lot of throwing up. So that's a close. It's a lovely photo, let me tell you. I feel kind of betrayed over this because this is a blind smoking mirrors and jump into the lake and we don't know if there's crocodiles in that lake. This is very uncomfortable to me. I'm not happy with this. And so I feel everything that my brethren have said here with regard to the measure by which we make decisions sometimes and my brethren who were on planning and zoning, we had to approve things because it was a ministerial act that was approved 16 years ago and it was like we were being stabbed to death because it was smaller lots and it was congestion and it was anybody who likes to come by here at about three o'clock, do you wanna kill yourself? I do, because of all the cars. And that's dangerous when you have all the, like when they don't stack and get off the road like, and rock well I see I'm sure to get school system. My kids are parents, I'm a grandmother. But they should put a lot of schools in this town. And it is a strain on our resources. And it's wonderful because they like our town. They know the quality of time. They know what a fabulous police department we have here and fire department. And they want to come here. I want people to come here. But this, to me, is too it off and do a crocodile pit. Additionally, one of our brethren is not here tonight and since this was caused for a supermajority, I'm very uncomfortable doing anything without Scott Dodson sitting here. It's a great point. Yeah, it's a very good point. God's been crossed. I just can't compare available to will set. Nobody's point of view occurs on both sides. I do appreciate your point, but they're all copyrighted. You know, they're in Antico Bay, people I can't at least want to have this construed. Yeah, I can't see the lake now. And I said that my motto was, you know, if you don't like it by it. You're like, we really can't vote it by it. Yeah. I would just concur with my brother and they say I would say. All right. Well, thank you, Councilman. One last item. I do want to point out another note was talking about the different districts. So as you also heard the applicant talking about you know ag being a temporary and then we've got SFE3.0 and we've got one home one acre with SF43. So keep in mind that your your your comprehensive plan says rule of a states and there are no specific zoning districts. So that's another complexity to what we're talking about. So again, it seems very cut and dry. It's not very cut and dry. So again, I really traffic is my biggest concern the welfare of the city, the safety of the city. So at this time, I'll entertain a motion. Oh, Mayor, the public hearing is still open and recommending you to continue it. So that way the public can speak at the next, yes. And so the motion has to be state the date. So I've written them out. OK. Sure. It's very entertaining tonight. Not that you're being more than women. Just be patient. It's the words of my life. So, we have point where we use. Yeah, you've made a motion. She specified your motion. Motion to table. Do we have a second? We have a second by Councilman Krauss. Second. Second we have a second by Councilman Krause Second, sit the motion motion moves All those your comments Your comments yes Good discussions. All right, so we have a motion on the floor. We have a second. We're gonna allow comments by Councilman Weaver. Yeah, I think You know in the line of what all has been set up here, hopefully it gives some clarity to the citizens. You know, again, my personal inclination is to deny this flat out. I think that's, you know, maybe an inclination of many folks up here, certainly the inclination of the residents. The counterweight to that is we are trying to be accommodating and we have repeatedly tried to be accommodating. We're trying one more time to be accommodating. So hopefully you're listening. Those are my comments. Very good. Thank you, Councilman Weemer. So we have a motion on the floor. I stated in a second all those in favor say aye. Aye. Those opposed. If asked unanimously to table this item. At this time, we'll move to 4 dot decase number Z a 2 0 2 4 0 1 conduct public hearing and act on ordinance changing the zoning designation from ag District to PD SF land development for SF 43 single handling that's eventually used on 158 acres of property located at the Northeast Warner FM 740 so this is the same property this has to be with the PD application but as stated their council has stated that they're withdrawn that application. Yes they have submitted correspondence earlier today indicating their desire as to withdraw and I did want to give you just a little bit of background on the plan development application as you are considering how to move on it tonight. The original application for this property was this plan development application and it contained two concepts, an alternative one PD for SF22 uses concept plan. And that's been referred to as the half acre concept plan. It was based on our on a zoning district that is in our zoning ordinance called the SF22, single family residential district, which was made inactive following the adoption of the 2018 comprehensive plan. So as the planning and zoning commission deliberated that application, the ultimate result was a recommendation to deny the SF22 PV for SF22 alternative one portion of the application. And they made that commission to deny and ultimately move to deny without prejudice so that the so that the momentum could continue working toward a solution. Correct. Yeah, so that left the planned development alternative two of the planned development application which is the plan development for single family SF 43 uses or the one acre concept plan and so that remained on the table at the end of the plan at the end of the planning and zoning commission meeting in July. And so the the city council has not considered that portion of the original application, which is what the applicant corresponded earlier indicating that it was their desire to withdraw that application. Okay, at this time, the chairman of the governor of Florida, entertain a motion. We wanna consider it to withdraw. We need to do the public hearing. And leave it open and having half the motion. We did go ahead and re-notify in the paper about the meeting the hearing tonight because some time had transpired. The same case. Okay. You want me to reread all those slides? All right. 9.59. We'll open a public hearing. Anyone that would like to speak or against. We'll talk about that. My clerk to 17, William Aaron. I want to make sure that it's on record because there is a difference between an SF 43 and the PDSF 43. So from a legality standpoint, I want to make sure that it's notified on record my position against even the prior PDSF 43 because it was not in good faith, done, and or feedback from the developer with the countless meetings at Buffalo Creek and all the subsequent ones. They never listened to us. It didn't change. It was the same 115 or 115 lots. And I want to make sure that it is on record that I don't agree against this one. So please don't. Thank you, sir. Thank you for that. Anyone else, let's speak for or against? Go ahead. Good. Have a nice time. That's right. That's right. That's right. That's right. That's right. That's right. That's right. That's right. That's right. That's right. That's right. That's right. That's right. That's right. That's right. That's right. That's right. That's right. That's right. That's right. We said, yeah, we're for it with these concessions. And I just don't think it was really clear the impact of those statements. But I want to be clear that we are not in support of it. And I just want to put that back on record. We're not in support of it. We are in support again of helping develop this, maintaining the integrity of Heath, all the points that I did say before still stand for the second piece of this. And I do really appreciate you distinguishing between the two because it isn't always clear. And I did want to bring up, I wrote down a few things that they had said most time to us. You know, Plain and Zoning did point out to them. It was like our other meetings didn't exist. And that's really important. Mr. Anderson got up here and said to all of us very constantly, okay, can't even believe we're sorry, doing about this. Really? And he also said, well, it's not viable for us to make these changes, so we didn't. And it kind of goes back to the conversation that we were having last time. If it's not valuable, and planning and sending Gwain brought this up, it sounds like it's not a viable, profitable thing for toll brothers to come here and do this unless we're doing these high density. Because it's not a track home. It's a step above that, maybe even a step above that, even. But it's a very patterned looking proposal that they have there, an idea, whatever we want to call it. And it is not in line with what he plus looked like at the corner of Maine and Maine. So I just want to go back and reiterate that if it's not viable, it didn't sound like it was viable at the time, still doesn't sound like it is, then they should go out. And I just thank you for your time. Maybe you reached out your name and address on that tour. Oh, so sorry, Lee Lashley, 500 people I'm crossing next to the sand pits. Yeah. Please don't come out there and shoot your guns. Okay. And I am across the street from the ferry property. I look directly into it. I look at the sand. I look at the street from the ferry property. I look directly into it. It is fun with the RC bars just saying if you got Anyone else? Yeah, I guess one more When you all were talking your name. Oh, yeah, sorry, Bill Allen and 105 saw greatest. Jeremiah, when you spoke earlier, I believe you animated that they're could potentially be some legal action if we were to prevent a builder from moving forward with a project. It was essentially in compliance. I think that's what you said basically. I just pointed out that the the percentage is an attorney. Right. the percentage risk of turning. Right, it's specialized. Well, if you guys were going through the various planned development ideals for lack of a better word, the things we wanna see in our development, to me those become a requirement that the builder needs to comply. And there are numerous violations in their proposals with regard to those specific needs that were asking for. any way that you could or that you should feel at risk of a lawsuit by specifically stating that you're not including these things in your proposal. You can't fit 150 noves. You can't fit 100 homes in that development and comply with those proposals or with those requirements. And so I would just say deny it unless you're willing to come back and comply with all of those proposals. I just think you're beating around the bush and you're egging them on to take the next step which isn't going to meet anybody's needs. If they're not meeting our proposal, deny it. Okay. Thank you, sir. Brian Reese, Steve, part of our Broadmore again. I can't help but feel a little bit offended because I feel like the developers kind of showed their cards at fighting and zoning and now they're kind of pulled them all back and they put you in a position where you're having to vote on something and you all know what they're trying to do. I would ask the council and maybe legally it's not able to, but I would ask the councilor maybe legally it's not able to, but I would ask as a resident here that you require them to present their plan on what they're doing before changing the zoning at all. If that's at all possible because you know, it just doesn't seem fair. It seems like you give a little bit and they're just going to keep going and trying to push a little further and push a little further and push a little further and I don't think that's the right way to because there's integrity in that at all. Thank you. Thank you. Thank you. Thank you, sir. Anyone else who likes to speak for against? My name is Lisa Reeves. I live at 3.45. That's fine. So we moved here in February and we built our home and we take great pride in that investment. And I believe that preparation leans itself into the Senate not only are you going stewards and you have a food to share responsibility to this community, to all of our investments, if you will. But this individual and this company, this company told brothers, they had no preparation. I went to every one of these meetings, 11 o'clock at night, 10, 10, 30, they're the entire time, no preparation. I understand the thought process, I'm gonna give them every opportunity, but it lends itself to a waste of our resources, a waste of your time, our time. We're trying to show that we are concerned. This is our community. We're invested. This is an asset for all of us. And if the viability financially is not there for them, we simply have to decide, this is not what we want it to be. It's not what all of us need to work for. So I thank you for caring for us. And I thank you for being stewards of the community and what our best interests are. So thank you. Anyone else? All right. At this time at 208. We'll close up. We'll hear you. Okay. Hold on. Come on. I read the wrong thing. Yeah. We're a table. Uh, yeah. Did you cite the wrong case number? I did. She said she said. She said a hurry out on that. Did you cite the wrong case number? I did. She said a three. I don't know. It'll be she said a three. So now we're on a one set of three. Yes. That's the correct. No, 40 is a one for E is four E is three. 4 E is the O three and that's the one we just closed up. Right. But I read that on the previous. So I read that one on the previous one. So I need to read it. You said to me. No, you said the right one. No. No. No. I'm trusting you. No, I'm okay. I'm all right. Okay. So I said this. So, so. All right. So let's move forward. I do want to address first off, and I do respect everyone's time. I respect the fact that it takes time to go to P and Z, takes time to go to the council, it takes time and time and time. Trust me, if anybody in this room, this bench understands what time dedication looks like for making sure that we're protecting the city And we're all doing it voluntarily So I really heard that loud and clear I do want to point out though is that when we talk about compliance Compliance as we all kind of went through We're talking about compliance with okay. Does it match traffic? Does it match these other things? But one thing that we're talking about compliance with okay does it match traffic does it match these other things but one thing that we're talking about is we're talking about does it match the field of youth SF 43 is legal standard of one home one acre and there's another district that is one home for every three acres and then there's ad so we do have to follow the law. We have to talk about the law because that's what we're required to do. So don't think anybody up here doesn't hear you loud and clear. But we also have to follow the law and we've got to be very mindful of that. And so when we get into all of our opinions and our concerns, they're all valid too. But you can't just say, OK, well, hey, we'd like to see three or lots. Because you and I, we'd probably agree. I already stated, hey, man, I personally would like to just see cows. I'd like to see somebody come in and just turn this thing into an estate. But I think that today that's not what I'm up here doing. I'm not up here to represent myself. I'm up here to represent everybody in this community in a conglomeration of information and opinion, but also quite a long rules that we have to abide by. So that's very important as we look at this. Also too is we're talking about this, this case number, this is the plan development. So we've already tabled the straight zone where they're getting up here saying, hey, we're going to comply, but hey, by the way, there's no plan. So whenever I hear things that, hey, we'll require them to produce something. Again, we've got to follow the law, so we'll have to seek legal counsel on what's allowable, what's not allowable. But I too kind of want to, I want to give, as you guys, if you've come to any of these meetings, I'd like to be very fair and balanced. I really want to, I want to represent everybody. The property owners have rights. I want to represent the developers at some level because they're humans and they are the buyer for the property. So it doesn't mean that I like what they all have to say, but I have to apply what they have said and communicate it effectively. So whenever we all talk about custom homes by definition, what is a custom home? Well, first off, the custom home is a number of things to a number of people. I mean, there's a whole lot of spec homes that get built by custom builders in the city of heat. And then somebody says, Hey, I had a custom builder. Well, okay, but did you go through the process with an architect? Did you go through and literally design every, every, uh, chandelier and pick it from all over and source it from all over the world? Or hey, actually my builder gave me an allotment and allowed me to go to Losing Home Depot. And that's the variance between a custom builder here in Heans. Okay? So, so it's important that we that we die on that amongst ourselves too is when you talk about toll brothers, you're talking about and to their point, they have a design studio. So you go in, it's a design studio with a consultant that walks you through all of these different features. You get to select a lot of different features. I don't know all the processes I never bought at Told Brothers Home, but in general, I don't know that they've probably done a great job themselves as we all saw their attorney get up here. You know, sell us is a community. Sell us on what makes you so great to your points too, is like work with us. The PD is that. That is literally what the plan development is therefore, it's to have those dialogues. If they want something for your tree ordinance and they want a give, that's a PD. If they want to give on, okay, hey, we're going to do one acre lots, but these three, these three lots, we need to make smaller. And, but you want to offset it with some three acre lots. That's the PD. So that's really your mechanism for that back and forth in working with a goal. So again, I'm real big on clarity, and I wanna make sure that we're all understanding what that mechanism is. But again, if they request that journal drop. So at this time, I will entertain a motion. Mayor, so you closed the public hearing. So that motion is not necessary that I wrote out. Did you intend to close the public hearing out or to. I did. So it would be. If it's. If it's tabled. Then we would we would have a motion there. We can do that and reopen the hearing, but at the end of the day, they was through their application. Okay. That's clear as much. Just what I'm saying is don't read the money. Yeah, you would have to open the open hearing table. So to at this time, the chair will open the floor for a motion. You're looking at me. I want to table it. You want to make a motion to table? Right, but it's that motion talks about continuing the public here. And we're not. Right. So we're going to continue the public hearing, but you're making a motion to table. I'm trying to. Okay. All right. I'll be able to say it. Okay. So you're making a motion to table the case number ZA202401. Is that correct? That is correct, Mr. Mayor. Okay. So Tim, with the 10th, 204 at 630 p.m. Okay. So Tim, Tim, the 10th, 2044 at 630 p.m. Okay. So at this time we have a motion on the floor table, the case number ZA202401. Do we have a second floor table? Second. Okay. We have a table, a second from Councilman Rufo. Any further items? The motion moves. All of those in favor say aye. Aye. Any further items the motion moves all of those in favor say aye Those opposed the passes unanimously to table item 40 It's inappropriate right now, but this isn't making sausage sometimes Sorry, no, you're okay. Thank you counsellor. Okay. We will we will now move into agenda item 4, at discussion and action regarding a public hearing and an ordinance for water conservation plan. Mr. Creed. You know, actually, we lost a few people ready, but I do want to guarantee you, you're not wasting your time. You guys coming out here and you telling us your feelings, your needs, you're not wasting your time. Yep, I don't ever want you to feel that way. We have read every single thing that you guys have submitted. We'll take the co-pious notes. So yeah, thank you. Mr. Green, now I'm in the office. Oh, Mary, thank you. So I'll be brief. This part, you're back at the sick thing, is a water conservation plan. It's called a water conservation water resource An emergency management plan. We have actually adopted last year two of these documents One one was rock walls and one was north Texas and said we will follow Those stipulations in those T.c.c.c.us came back and said you have to have your own You can't do it to a woman just so we've combined this one document However I got one very comment comments back to the state yesterday and it's not ready. Okay, so I'm gonna have to bring it back. Okay, but but you did get today is Basically what's in it. There's a couple of titles and glossary items that I might change is to tighten it up a little bit. And I didn't have time. I didn't comment back until after we'd already seen up the agenda. Understood. So we'll probably make a recommendation to dinner. Oh, thank you. That was funny myself. At 1018, we will not go into public hearing. Does anybody want to speak for or against this. This. Very welcome. At 1018, we have closed the public hearing. I will entertain a motion to table this item. I feel it. I will entertain a motion to table this item by Veeley. I'll make a motion to table to the September 10th. City Council meeting. All right, we have a motion on the floor by Councilman Lieber to table until September 10th. Second. Second from Councilman Krauss. The motion moves all of those in favor say aye Those opposed All passes unanimously right at the buzzer zip off again. Yeah 10 20 it's it's wills all. Okay. Fuller G discussion. National regarding facilities improvement agreement with RAPO ISD regarding permit fees for a came middle school. Mr. Lashar. Yes, as part of their 2021 bond program, as you know, the RAPO ISD, they're taking their sixth grade classes and all those facilities and they're putting them moving them into their middle schools and so that's what's taking place at Cain Middle School and so what they've been doing is they've been constructing about a 4200 square foot addition to that campus and in fact you may recall a site plan had to come through us and it'd be rebued on that, when they did the estimates for all this construction for all the projects, they did this at a time in 2021, we know what happened there, COVID happened. And since that time, there's been about a 42% increase in labor construction materials and things of that nature. And so in order to help, I guess balance balance, that investment they have requested that we partially wave some building permit piece. And specifically what they're asking us to do is they want to recoup their actual cost for providing the construction for these properties in a amount not to exceed $20,300 and that would be the permanent fee limit. And then there's also they've asked for a cap on their engineering fees at $109,500. So this yields a total fee reduction of $129,800, $1,000. So the $129,800 has been a long night. The standard bid and permit fee that was calculated for both the permitted and the engineering was $175,000, $75,000. So it approved the fee reduction would equal $45,200. And one thing I will note is that that we have incurred a planned review fee by a third party of $71,584. That fee has been paid by the district already and therefore is not being asked to be made. Very good. Be glad to answer the question. Thank you. And this agreement basically mirrors the agreements that they have with Rockwell. Correct. That is correct. That's kind of the modeling of the benchmarking model. That is correct. Very good. Councilman, do you guys have any questions for staff on this item? Councilman, we were. I do. I guess I'm looking at a little bit of a conflict of language here. I have a sentence that says this yields a total fee reduction of 129,000 in change. And then another sentence that says the fee reduction would be 45,000. So I'm assuming the first sentence is not a fee reduction of a hundred and twenty nine thousand. It's to reduce the fees to a hundred and twenty nine thousand. We just said the same thing that was said, aren't you? No. Yes. To the bleak. No. No. No. No. No. No. No. No. No. No. No. No. No. No. No. No. No. No. No. No. No. I'm not going to say 1025 wheels on. Yes. I don't give you much of a couple of them. Okay. So any further questions, camel? I'm still in purification. Are we reducing the fee by 45,000? Or are we reducing the fee by 129,000? I think that you clearly states we are reducing the fee by 45,200 dollars. Okay. As a bonus, my wife serves, let me part in the bill of dialogue. I agree. I agree that said. I can't make it so far. All right, so clarity's there. 45,000. Yeah. Any further questions, Councilor? I do. I don't go with it's not to exceed. I mean, I agree with it's not making a profit. It's not our, our ever our desires to profit up a permits and engineering. How can we give an NTE? We don't know what's going to happen. then we lose. I'm not willing to donate our time and money for this. So I'm totally opposed to any NTE. If we want to agree to do it with no markup, that's fine. But how do you put a number on it? How do we know how the plans come in? How do we know how the engineering comes in? How do we know that it's not accurate? It has to be, you know, redone and re-reviewed. We can't control that, so that's my biggest issue. I don't mind doing it without a profit, and I think we always should, but I would not agree to my constituents. Outside of Cain, Middle School, are they proposing more items that don't have any land? And there's a problem. And that's Cain in all these three reductions in cash. So this is all teed up currently. Okay. So this is the, I'm not doing that. That means my second question, which is, is this a one time request or is this opportunity? It's specific to, to came notes. It's specific to this project. It's came notes. And look at that. My constituents pay most of their tax to the school already. I know the bond didn't go well. We donated $350,000 to Linda Lions. We spent almost a million dollars to build a road around Amy Parks. We participate. We gave way to the fence. Taxable tax and we're taxing the same people at the end of the day. Well, it's one of the first. So, no, it's one first. That first 500,000 came out of our citizens pockets. It's one first person knows it. Understood. Anyway, I agree with the concept, but I don't agree with being locked down to a number because I don't believe we can control that. Yeah, I think Councilman Krauss has a good point about an NTE. With all, we do see lots of slippage when it comes to construction. So it is hard to tie an NTE to our constituents and our staff's budget. So it is reasonable for us to do something at cost just without an NTE. So we're not putting our staff in a bad spot with regards to their budget. Okay, let them have a response to the question. Didn't you repeat the question? Sure. You know, just, Council and Krauss is talking about concerns on an NTE for engineering and different things that have to do with construction. We often see lots of slippage on construction projects and, you know, they're coming to us right now. And one of the things that why they're asking for a little relief is because of changes in the climate on construction. I realize it's not Schedule slippage concerns, but it's more material inflation, but we do know that in construction projects We see lots of lots of schedule slippage and you know concerns on how that could impact our staff's budget If we approve this with an NTE verse just approving it with an agreement to only bill at cost. Do you? So essentially, I don't know. I don't know. Well, would it be a hardship on staff if we end up having to spend more money than, you know, if we had to do further engineering work. Well, it is much better that the work we've done is reflected in the $7,000 or $1,000 per minute fee. So they paid it for that. But as for that, we kept it to the right down, we kept it proud to hire someone to break down the actual time extending that seed and NTE. So we could have done that, but I've had higher consultancy. That's what they're asking for the yeah, they're asking for the NTE They're asking no, they're asking for city getting actual cost incurred not the NTE Well, they're still involved They make it pretty sad You know, they wanted to move us essentially Yeah, it's both that they wanted to move us essentially. Yeah, it's both. Two begins, building per minute fee. So that city-only reboots is actual costs of providing such services to our ISV for these properties. And I'm out, there's a common out of period. And it amounted not to exceed $20,000. Now I'm thinking if we don't have an MGEG.E. that's an open-ended thing. And then that would force us, but they're saying, cap the M.G.E. at $20,000. That's the way I look at it. Well, the way I read this is the city is only allowed to bill or fees that recoup the actual cost up to that certain amount. If our actual costs go over that amount, we can't bill for those. So, but our actual costs, what we're saying, I don't know if our actual costs have gone over 175,000. But that's what the long-term end fee would be, and that's what we would expect them to pay if they weren't requested this. So the best way to answer your questions is, we presumably have put in a $175,000 and what they're asking is to, they'd say they don't want to pay $129,800. Okay. Okay. So, the $175,000, I kind of just assume that the city is 175,000 minus to $1,880,000. Where's the $1,880,000? Yes, the $2300,000 and the $1,500,000 added together. Okay. That's where the $45,000, the online 500 added together. Okay. That's for the $45,700 fee. That's fine. So, so if we were just going to sum this up, our normal fees, bless you. Our normal fees would be $175,000. They're asking us if, and that would be, and that $175,000 would be a set cost. If things changed, that would still be a set cost. That's correct. Yes. But now they're asking if we can go with $129,800 as a set cost. In both scenarios, it's a set cost. There does ask for a reduction. Yeah, there does. There's a reduction in the set cost. Okay. So on page 329, I've been only just schools in Rockwell anyways. So why are we even signing an agreement? Yeah, I'm a little offended by that. We lose any tax money based on it. And they changed the name of the representative within the document. It's kind of sloppy, I guess, as well. Actually. So, yeah, if it's not in he and I don't think that. $35,000 for the services. That's just our permitting. Which is this roughly. But it's also based on this. Do we normally make a profit from these things? We never make a profit in a city garden. So it's permitting and engineering. Yes, but you have to get it on as well. There's absolutely no matter what you do. I don't see why we're doing this. So the concept is good. I don't see why we're going to do that. So the concept is good. Everybody's in favor of that and of cutting the school of break. But it's a little bit mushy of, you know, we're cutting them a break, but it could. You know, we could go over budget, if you will. Our expenses could exceed that 129,800. Then our taxpayers have to make a bit of difference. Are they already complete? Yeah. I mean, this is done, right? I mean, they're about to open. Yeah. I think they already open. They got an answer. So why they needed an answer? Are they complete on the campaign middle school? No, they won't. They are. OK, they'll come in. It was. I'm going to go to the end of 2025. Oh, that's going to be good. But the engineering permit and so permitting is that done. I think is the question. The permitting has been done. Building and the engineering fees. But no, we did not we. Okay, so all they have paid for so far unless the third party plan we see. The engineering part, we build them a $4,500 dollar deposit and at the end of the civil engineering fees part will calculate all the hours that were spent and we have a dollar amount that we will acquire those hours and then we'll take that off the $4500 deposit and either build them more or we might not own a refund against. The project itself didn't have a whole lot of civil. It was, it was very little civil, because most of the infrastructure was already there. What they were doing was they made a 8,000 square foot remodel to the inside of the building. And then they were going to add 30,000 square feet to the exterior of the building. But most of the infrastructures are there, water, silver, all that stuff. So we still have a lot of services to Brenda with regards to these these permits in the process that goes with it. The $175,000 that have been a set fee or would that change as we add up the hours in the hunt? That would have been a set fee. $175,000 was the permit fee. Okay, so there was two days. There was the permit fee. Actually, there was three. There was the permit fee. There was the $45,000 hour deposit. And there was $70,000 fee that they paid for their plan review. And they paid the plan review. That's the third story. In the end, they paid the $4,500 cost. Okay. And there was the 175, which are commercial fees are 1%, based on the cost or construction of the project. Okay. Since that part has not been paid, but they are permitted and moving forward. They had very tight timelines. They had to be in order to get the kids back and swimming. So we didn't hold them up. And we didn't think that, you know, whatever happened here, they wouldn't be either AS or we we'd wave whatever we sigh. So there at any end of work over here. So I guess you were trying to figure out the $175,000 that would have been a set fee for hours. We knew we were going to spend on some things or it's not totally separate. So we separate. The engineering part is based on hours that we spend inspecting, plan reviewing the civil, whether that's Richard's time, my time, Fred's time, the inspector, whatever it is for that infrastructure for that we're looking at. But the building permit fee is a set fee for it itself is two total different fees. So that's probably why they have that not to exceed for the engineering inclusion. Yeah. Based on the amount of time. Okay. So the engineering fees is that usually a set fee for the not to exceed or is that typically added up at the end to see how much we actually spent It's a deposit and the deposit is ours up and we have a rate. It's a rate of trouble. I don't remember either of them. But we might have that rate. Yeah. And we'll chart that multiple of that comes out or something that's been to be knocked away, don't let up at the end of the job. At the end. So they're asking us to bring in the engineering these parts down to $109,500 with an NTE. So we can't go over $109,500. I guess we're trying to figure out is that $109,500 happening there? Is that problematic for our budgets? Are we eating the boss? There's no way we'll spend that much money now. We got much. Because all the industrial was is it? Are we eating the box? There's no way we'll spend that much money back because all the industrial was already there. The civil part, the inspections, even our time spent re-earning and stuff was very small. Okay. It wasn't much too much. Okay. So it's a long way around the block of saying that NTE is not a good idea in general, but I think it's an extremely low risk situation. Well, and you guys might remember Paul and Grant Brown when we updated the schedule to act with the last legislature. They specifically changed the law so that the city may not profit. That part of the structure process, we may only charge, we may only recoup our actual costs. But we have to keep track of hours worked and applied. We asked them for a deposit and if we either build them for what, what it seems the deposit for if we expand less time than the deposit covers, then we have to make that. So this puts a cap on how much we can build them, build them, but it sounds like a misparticular instance, which is all we're acting on tonight. That's a very low risk cap. Yeah, the ceiling's high enough. And they're two, they're trying to put a cap to say, hey, don't just go out there and keep getting those billable hours. They're trying to do like this. You're saying, no, no, no. Hey, you know, hey, that's my problem. That is not what I was sitting like. What I'm speaking to is what they're asking for, as it's written. So they're trying to mitigate their risk as well. Right? All right, very good. Sorry, at this time, the chair will entertain a motion to approve. Okay. We have a motion to approve the facilities improvement agreement with Ruff, I.S.D. regarding permit fees for came middle school as stated in attachments. Do we have a second? total fee reduction of $129,800, a total fee reduction amounting to a total to be paid of $1,200,000. Because we just started that back and forth. Yes. And it needs to clear that we're just giving a $45,000 break and then not to exceed. Okay. You want to word that most long? So actually, you made the motion. She's making a recommendation for an amended motion. You want to apply an amended motion or do we have a second as stated? Do I need to amend my motion. You may be motion. You're asking for a second. A second. Okay, we have a second on the floor. So we have a motion to approve that stated. We have a second. So the motion moves. All those in favor say aye. Aye. Those opposed. Aye. Those opposed? Aye. Okay. Vases. For the H agenda item, especially in actually regarding the resolution regarding the city of 40, providing sanitary sewer service to a 445 acre track through a wholesale wastewater service agreement. Mr. Normand? Yes sir, Mayor Counsel. Some of you here for when we heard this in January, this is a coming as a request from the city of Sydney to help out MISKIE, it has a development going on in their ETJ. MISKIE is trying to stop a wastewater plant from getting put in, so they're trying to provide alternative sanitary sewer oxygen. As you know, Rockwall, Heath and Forney are three members of your Buffalo Creek Interceptor system and basically anything that happens that system of three cities have to agree. Right. So, so this actually was taken in January by the Council then to approve that request. They did not have a resolution at that time, however, because I think they were wanting to make sure all of the three member cities were going to agree before they started sending out resolutions. So this would be just to affirm the action of the previous council authorize signature of that resolution. Very well. I was at that meeting, so I'm familiar with this as I saw in the packet. Do we have any discussion items? Questions for staff? Council. Will we have more requests towards this? These are cut occasionally. I mean, when the system started rock ball sponsored with Linnanjism, he sponsored Travis Ranch, Borne sponsored Vivian Shire. And since that time, heath sponsored Travis Ranch, 40 sponsored damage shards. And since that time, there's been, 40 I think is at all the requests to amend it, probably they've added the high school into the damage shard to increase the area of that mud. And then this request from the ski. And this is not effect our. No system at all. It's downstream and it goes up to Mesquite from from down there. If you look here, then so see if I can find it. Here it is right there is the development right there is the wastewater plant. The lift station is actually right below the development. They're going to be required to connect directly to the list station, not to the the sanitary sewer line coming required to connect directly to the list station, not to the the sanitary sewer line coming from rock wall down to the list station. So, any and again this will be billed through 40 so 40 percentage will increase by this amount of allergies on the system. Just to be clear that offset some of our cost. Correct. It will. Yes. It will be trivial, but it's in the right direction. Yes. Yes. Yes. And you think about it, for instance, for everything all the way at the rock law, some percentage. So. Okay. Very good. Any further questions? Yeah, I mean, I think you answered my other question, which was, you know, we already approved this in January, but we didn't at the time of The resolution so my question was why we see it again, but You're not bad resolution, and I think they didn't want to be presumptuous that The resolution need to get approved if all agree. I think at this would agree this request. All right. We're all at this time. The chair will open the floor to enter. And motion. Make a motion to approve. Gender item 4 H. OK. We have a motion on the floor to approve 4 H. The cemetery sewer service through a wholesale wastewater service agreement. Doing a second. Well second. Okay, wait a second by Councilman Leaver, so the motion moves, all of those in favor say aye. Aye. So the booths, it passes unanimously. Moving into four dot aye. Thank you. Discussion, thank you, Mr. Darnar. Discussion and action on resolution 2 240827B authorizing the city manager to execute a professional services agreement with the firm Kimmelie Horn for the design of a potable water well in the town center park located at 200 orange tribe. He texts him providing an effective date. He was created evening, man, and council. It was a kitty. It's almost good morning. I don't know what else got to say. I don't want to get hurt. So this is an item to prove to design for the scope, to go to Kimley Horn for the well out here in the park that we've discussed in our water plan. This well would,ate our park. And also, we would like to use this excess water and go ahead and design it as potable to facilitate some extra capacity in our public water system. Okay. There is a little slide here up together. This is the tune of timeline we receive from Kimmy Horn that says, Desire in three months, two months for TCQ Review. Being awarding construction is eight months and TCQ Reviewed are interim approval. This is after the well has been pumping and they see the results, what we're kind of water we're getting, two months, toe times, 15 months. I also included an approximate location of where we would like to put this well. This is part of originally a part of the design of the park is where this location was spotted out to be best to facilitate a, there's a pond, I don't know if you'll remember what the, yes, where the parkland, but to the, to the left of that little dot over there in that corner, there's a pond that goes right there that will be filling that pond and then of course, the water covers off the picture there to the right, which is where we put the disinfection facilities. Okay. Most likely the engineer from K, again, we horn is here. If you'll have any questions for him, it's pretty cut and dried until we get it drilled and see what we've got. Yeah, in general, we're just we're just looking for resolution authorized and city manager to execute a professional service agreement with Kibbley Horn for the design of this portable water well. It's down center. So got it. Thank you, Mr. Creed. Council, do you have any questions for staff? Go ahead. Quick question. So this is where Kim Lee Horn is suggesting based upon our new park plan, where we put this? No, well, the first design team that was doing the park picked that location out and they had some good reasoning for it. There's a transformer nearby for the needed power for the drilling and it made sense for that location and proximity of away from the park facilities and also away from homes. Okay because you have to have some public center control easement where you can't have it here. And you know, I don't see any cattle feed lots on there, but there's not supposed to be any septic systems within, I think it's 150 feet and things like that. So you try to approximate that location where you don't have run into any issues where we don't have to buy any be Johnny's that's for anybody that's that they won't build a cattle feed lot, even though they likely won't, but you still have to pay for that consideration most likely. But if we get beyond those, that makes all the point move, that we all want all the land around, and it also controls costs when we're just pumping to bond right there and it's pumping to a water tower right there. So it makes it a little bit easier. It's newer, they're gonna run bulldozers around there. So if we needed to put something somewhere, that would be the time to go ahead. So the wheeling is actually pretty small. And y'all saw that when the car turned. Yeah. And then it will have to be in enclosed area. Yeah. All right. So at this time, the chair will open the floor for motion. Oh, I think it's four couple of questions. Okay, so on page 400. Well, hold on. So, so, so I'm called to entertain a motion. Oh, okay. I understand you got questions. Okay, but for the second time too, I don't want us to get into design conversations. This is not what they're asking to know. This is a resolution authorized in city manager and execute professional services agreement with Ken running for. So I just want to make sure. I hope you like my questions. Okay. So we did it. I did it. I did it. It's almost 11 o'clock. So sorry, did open the floor for motion. If nobody wants to entertain a motion, read the second and would like to yield the floor, then we're happy to do that. No motions? Very well. Namaste, Frouce. Questions for staff? Yeah, and the evaluation of size on site disinfection system is says to match these existing city disinfection system. Yeah, so what they're referring to is, when we get our disinfection, the TCQ said you have to have something with the residual in your water to fight against something entering your system. So there's chlorine residual in your water. It's actually called a fluoramine where they're combined with ammonia, or sometimes monobaritid. In this case, it's blackly, liquid ammonia and sulfate, which is what we've been used. So they would match those ratios and build the same floor means so that the water blends effectively with you. We won't be in that with any kind of natural vacation problems or any kind of free chlorine problem that we call disinfecting by products to build up in the end. So they're matching what disinfection we're getting from North Texas? Right. I thought that's good. Okay. Okay. You're talking about, oh, we'll have some love all that stuff. Oh, we'll have some love all that stuff. Oh, yeah. We can talk about that all night. We've had a lot of trouble with program maintenance. How do we maintain it? Will that be part of the design as to how we maintain? It was a dead offer. Well, we're going to pay another $50,000 to that later. How to maintain the chlorination facility? This pump, this station, this. So there's maintenance costs associated with the plan though. How do we know how to maintain it? We have built a full water system. We have a water train to get it. Yes, sir. We require the training to do it. Our operators now take the chlorine and training. They don't have a lot of real practice in it, but they'll have to learn that. But they are certified as public water service operators. My mic is one of them. I'm one of them. Okay, so we have six others. And I'm just talking about treatment water. I'm talking about how to maintain this water well that we're building this system. Yes, sir. There's our maintenance program for this included in this design, or do we have to pick that later? Oh, I'm not a design man, you want to make this program? Yes, yes, yeah. I don't think we included that in the scope as far as beyond probably what chapter 290 says. So we're paying $50,000 to have one made for our water station up in Rockwell. Right. And we want to spend another 50,000 later for this system. Okay. And we talk about our skater system that is failing. So we kind of have a trend going where we design and build things, but we don't maintain. Okay. So the maintenance. I got you. I got you. So these hourly nuts set. What does that mean? Bidding 7000 hourly nut to exceed? I'll let I'll let that speak to that. Okay. If you make 7,000 out I want to join you. You talking about test three years? Yes. Yes. I know the 7,000 hourly that is just not to exceed them is the task will be charging it at a hourly rate to whatever average you put to the job. That's what we'll charge to and not exceed 7,000. So once we get to that level, then we can. Okay, hourly rate and that's exceed 7,000. Okay. And then so the same for tests for correct. Okay. I think the data cross is in the road down. Yeah, and you have a price for additional hours, so that's something that's good. It's not $7.00 in the hour. Well, yeah, that's it. Yeah. I'll just say, well, I'm not going to be a bit of a burden as I get there. I'm telling you, I want a job. Sorry. I'll charge you only 4,000. And then the venue of disputes, I'm always big on that because we, when I'm getting in trouble, I don't see anyone here anywhere here where it says the venue of any dispute with the contract. With the best it says is it'll be in the state of where the project is. Now if it said the state and the county where the project is, and that would be, okay. Yeah, this is our standard language so I can definitely go back and get the third legal so just make sure it's in Rockle. All right we're good Mr. Carlson for the question. I think I'm good thank you so much. All right great feedback I did like your questions. Thank you. That's right. Councilman Wu. I guess the validation. I guess we are by questions or maybe to Brian, maybe to to fellow councilman. But but regarding the sanitation that you just referred to. And effectively we're going to we're going to match our sanitation. Chemical levels to our suppliers chemical levels. One of the conversations, I think you'd have this before I just want to reiterate, for those in the public. In the past, I know North Texas has told us that they do not allow us to mix their water with other suppliers water. Right. So in essence, you know, Dallas or somebody else might supply some hand mix, but in this case, they are allowing us to mix our well water, our treated well water with their water. I mean, that's why it's hard to let that. If we own it, it's a different situation. It's ours. Okay, so thank you for confirming that. The second question, do we have visibility on whether whatever this well or any well produces as far as capacity is concerned? Is that quantity going to be deducted from what North Texas is or in this case Rockwall is providing us? That was less clear. But it's monumental when we consider going down this road. It could be yes, sir. So I know right now we're just discussing you know, let's put the pay 240,000 dollars to let somebody go design a well. But if the capacity of that well is deducted from our supply, then we are netting the zero. The board. They want a wall because they want irrigate the towns and the harbor. I understand that. I understand that. The well is well on to it. As far as the dialogue is, and as far as the dialogue is it pertains to this, those concerns, you're in the middle of litigation. So we don't have a water supply agreement. We're talking about the same thing. We'll remember again. So if we had a direct connection to North Texan municipal water district, could they, would they possibly, you have, you currently are receiving all your water from Rockwell. No one at Rockwell has ever made that conversation any part of the dialogue. Right. So, and to that point with Mr. Lashar and his conversations and my conversation with Rockwell, it's been stated numerous times that we're headed down this path of wells and bringing wells online and even share the concern of direct connection and how we wanted to up a water splire agreement. So we have that safety and that security. So not it not even one conversation has even been alluded to. That should be a risk. Although your risk concerns are my risk concerns and I think all of us. So I mean, we're headed down a $4 million path approximately. They were headed down this path, podible, not podible. It didn't matter. This is where they were headed. They wanted to irrigate the park. Right. This is why. The non-spoiler was cheaper. The it is. Yeah, minimal. Like less than quarter of a month. Yeah. But I think I think we just need to have expectations of what this $4 million investment is going to yield us when it comes to net increase in supply. Okay, but we can keep talking about the same thing over and over again with the answers never changing. So I think I can answer it a little bit. Okay, and here's how I want to answer it is formally I get to the dancers I don't know. I think luckily, if things work out to where things kind of made how they had been the past we're purchasing wrong wall, I think we're're gonna end up with this in addition. Well, that's certainly the goal. That seems likely to be the sported informally, I don't know, current. Which can very exactly what I just said is that their conversation, Rockwell's conversation is not bad. The two year point with Nantes minus one, I just think it is a concern. Really? But all across the board, it's all a concern. Well, I think everybody needs to be aware of that. Very good. That's why I bring it up. Very valid for the same time, trying to move things forward. So this is, so I'll place a motion. So a motion to to a brew authorizingizing city manager to execute professional services, agree with Kimberly Warren for the design of potable water well in town center park. Do we have a second? I'll second second from councilman Mormon. So the motion moves all of those in favor say aye. Aye. Those opposed. All right, passes unanimously. Thank you. And thank you, council members, for asking those, those specialties. Okay, moving into floor. Thank you, sir. Appreciate it. Thank you, Mr. Creed. FordogJ update on Hubbard Drive project, Mr. Schuch. And I will say I drove back and forth down Hubbard Drive today and my gosh that road needs to be replaced. Yes, I wanted to see you up my friend. I never go that way, but I did today. Your turn. And that's after said about five tunes. I asked asphalt putting the cracks in the holes. Twice, just recently. Yeah, it's actually way better than it was. Yes. Mayor Counsel, I'd like to give you a brief update real quick. in our original plan review, Richard and myself, been working with the contractor with the consultants on it. Part of the delay in starting phase three was we wanted the intersections tied in at all the major intersection of water lines. There's an existing six inch on one elite water line. It's 40 years older, plus we don't want to leave it in service, we don't want to replace and also we want fire hydrants added, it all the little cul-de-sex and intersections causing the end of future is plans to cut the subdivisions will be getting the fire flows as we talked about within the next three to five years. It's just another process of lining up for that. But they decide we're going to start construction of hub or drive at the intersection of Rush Creek, Rush Creek Yacht Club in Hubbard September the 9th. We're going to destroy it, remove it, add 18-inch waterline, end storm service, not there and now. And we're going to have it back in service within 30 days. That intersection is a key point for the phase three that we're doing for the teachers, or antiguo-based residents to have two ways in and out. They'll have be used for the teachers of residences. They're on over to go to a rust creek in around this necessary, but it's a major club. We're going to have the road open by October the night. We're going to stop construction for one week. So Rush Creek can have their world championship. I believe it's a reyada. Yes, I covered it. It's 12 through the 19th. That was my question. Yes, sir. That's my question. Yes, sir. That's my goal is to have it row completely open. It'll be no construction. No, during that time, we will start back construction on October 21st with a completion day, April 1st, 2025. Now, that's pending material deliveries and the weather. Okay. But then the next part phase four, which is a complete city of east project, no developer involved is our calendar. We do the bidding process. Our contractors will be 100% in charge. We would like to start that during the construction of these groups. It will be a big band-aid to rip off on people, but it will expedite the finish in the final hour. So that way you're teed up for the April 1st 2025 then our skicks in it. Before that, I hope we bid it probably November, DC. Oh, very good. Okay. I named the Subconstruction Act for the first of the year. Very good. Councilman Ruffin. So that construction brought September 9th, 3Dable 2025 down by the bus speed drive, that's water lines you're talking about, right? That is everything. That is completely removing the existing roadway and keeping traffic one way in on it with the detours. It's installing 18-inch water line, replacing the old six inches there and adding storms to it along the way. All the way. All right. That's all the way. All right. And that's all the way out. It's going to be section here. It's almost to the intersection. It stocks basically the Larry Lane. OK. Texdot is already completed up to the intersection when they did 740. OK, last question. Is the trail going in the same time? Yes, sir. It'll be going in the same time. Yeah, Very good. Yeah, Council. If you guys have any follow questions for Mr. Shook. I'm you can be non thank you, Mr. Shook. Appreciate the update to have a drive. Yes, sir. Thank you. All right. At this time, we'll move into agenda item five. This Council and city managers comments. Missed out. Yes, we just want to put it on everyone's calendar that there will be a national night out coming up on October 1st. It'll be from 6 to 8 p.m. in the fire bay right here at City Hall. So come early in park early. It'll be a full house and we will have it and out burger truck, pre-burgers, pre-burger dinners, snow cones, bicona ice, music, inflatables, all the fun you can handle. All of our first responders will be here in full force and it's a great community of it. It'll be October 1st, which means we had to read schedule our PNZ meeting. So don't come here for PNC on the first. It'll be the next night. Very good. Echoing to the let's be mindful to promote the Rush Creek Yard Club for this world-class event. October 12th of the 19th. It's going to be its international world-ren now Sunfish class association world championship. So very cool. Yes sir. Quick note. I've been getting a lot of calls about the water tickets. It was impossible to put something on the agenda that we can have a conversation about those. Sure. Okay. All right, we're going to get any other comments? Very well. We'll move into our. We're going to move into executive session. That 1105 and according to the Texas government code, chapter 551, sub chapter D, the city council will recess an executive session. This is a closed meeting to discuss the following 6a section 551.071 consultation and attorney on a matter in which the beauty of the Attorney of the governing body under the Texas disciplinary rules of professional conduct of the state bar of Texas clearly conflicts with this chapter regarding Trilogy development in the MacLindon Chisholm City limits and extra territorial jurisdiction and case CUP 2-0-2-4-0-2 approved by City Council on April 23rd, 2024 allowing the existing detached residential garage constructed without a building permit in the SF-43 Sino-Family residential district on 3.611 acres of land addressed as 4632 FM 550 and further described as the lot 1 block A graves addition city of heat Rockwell County, Texas 6.BE section 551.071 consultation with the attorney regarding pending or contemplated litigation or settlement offer regarding MC trilogy LLC versus City of Heat Cause number 322 CV 0215 or D City of Heat versus McClendon Chisholm cause number 122 1204 and nor Texas Municipal Water District versus City of Heat cause number 122 0704 six minutes of water district versus city of heat cause number one two two zero seven zero four. The number of units. Seven session at 1106. We will reconvene in the open session at a 151 in accordance with Texas government code chapter five five one. The city council will reconvene in the regular session to consider action and many on matters discussed in executive session. I'll make the motion to move to consider the conditional use permit in the case number CUP2024-02 fully approved because the conditions previously set by the council on April 23rd, 2024 have been met by the applicant paying the building permit fee on August 1st, 2024 and the city issuing the building permit on August 5th, 2024. Okay, we have a motion on the floor as stated. Do we have a second? Second. Okay, we have a second of the councilman. We have the motion moves. All those in favor say aye. Second. Okay, we have a second from Councilman Leigher, the motion moves. All those in favor say aye. Aye. Aye. Those opposed. If passes unanimously, thank you Councilman for all your hard work. Thank you staff. We're sticking around. Okay. And at this time, we will adjourn our meeting at 11.50. Thank you.