We're on the record already. Good evening everyone and welcome to the September 17th City Council meeting. It is now 7 p.m. and I call the meeting to order. Ms. Hall, would you please call the roll. Council member Bethel. Council member Moore. Council member Wilson. Mayor Scarrow. Mayor Pro Tem Green. Council member Sutton. Mayor. Council member Overeign. Mayor, there is a quorum and the required charter officers are present to conduct. Thank you very much. Item number three is our invocation and pledge. Gonna ask Councilman Wilson to lead us in our invocation and Councilman Moore to lead us in our pledges. These standings join me in prayer. Father God, we thank you for this day and for bringing us together tonight to do the business of this city. Thank you for those who give so much to our community and our city. And thank you for the privilege of public service. Give us wisdom as we go forward with the business of this city. Forgive us for where we fail you. We ask this in the last time. Amen. Amen. the legal justice. On stage, under God, on the minimum. Thank you, gentlemen. Our next item on the agenda is formal announcements. We're going to begin with the introduction of new employees. Mr. Wright. Thank you, Mayor. Sarah Munoz tonight, our director of development services has an introduction. Thank you, Mr. Wright. We are so excited for this introduction this evening. Mark Baker, who's sitting right behind me, he joined the city of Portland on July 1st as our senior planner. Mark has over 30 years of planning experience in four different states. Most recently, Mark was with the city of temple for 12 years as their principal planner. And a fun fact about Mark. He has planning in his DNA. His father, David, was also a planner. Mark is also a retired Air Force Reserve veteran for 22 years where he mainly served in the fire department. Mark and his family followed his daughter, who is attending TAMUCC to complete her nursing degree and his son will soon be enrolling in Delmar this spring. Mark and his wife, Gracie, are very excited to be residents of the coastal bend for many more years to come. And I'd just like to say that in his short time here, Mark has hit the ground running. He's reviewing our processes, our procedures, and is just adding a lot of value to the city of Portland. We're so excited to have him. So please help me welcome Mr. Mark Baker. Welcome Mark. Thank you. Thank you, Sarah. Any others? That's it, Mayor. It's a night. But I'll tell you, I'm always, as I always tell you, I'm so impressed with the quality of my employees. We have such horsepower in the city to do great things and we'll continue to do those things. We're glad to have them. Our next presentations are upcoming parks and recreation department events, fire department and library events. Mayor City Council, I want to let everyone know we did postpone our kid catch event due and we're going to be able to get to the next one. We're going to be able to get to the next one. We're going to be able to get to the next one. We're going to be able to get to the next one. We're going to be able to get to the next one. We're going to be able to get to the next one. We're going to be able to get to the next one. on Thursday, September 26th. We will close online registration at that point and then you can register on-site at the pier that morning starting at 8 a.m. Also before I proceed, well I've proceeded already, and we also do have Texas Adopt-A-Beach on September 28th as well, and people can sign up for that online at a TexasAdopt-A-Beach.org and we'll be having that down at sunset lake so there'll be a lot going on on the 28th. And for October October's a busy month and starting that first Saturday on October 5th we will have our monthly farmers market and it will be at 810 Houston Street. And at that event we will have straight your mud. Now some people say does it have to be a mutt? It can be a pure bread, it can be a giddy pig, it can be a chicken, we've had a pig before, so bring your pet. And so there will be a costume contest that will begin at 10 a.m. at the farmers market. So when you come to shop Portland, bring your pet with you. It's going to be a great time we also will be accepting donations for our animal control and department dog food blankets other animal related items so at our farmers market on October 5th you can also straighten your mud as well the farmers market will be from 9 a.m. to 1 p.m. our next event is our bubash festival and that will be on Saturday, October 19th, from six to nine PM here at the city complex, back in the back, a pool parking lot, Joe Burt Pavilion area. There will be bounce houses, slides, arts and crafts, the screen contest. We started that a few years ago. We didn't know how that would go, and it's really become popular, and wow, it's a scream of a time I tell you those kids are loud games food trucks things like that also a haunted house so we're really excited to have this activity for everyone to participate in and of course our trick-or-treat trail the most popular thing seems to be at that event and that that is Saturday, October 19th. And then we will have on Friday, October 25th, the Great Pumpkin Float. This will be out at sunset lake. We will start that at 7 p.m. If you have not been to this event, I encourage you to check it out. It's really cool. Something Sherry came up with a few years ago, just to kind of see if it would work. You bring your pumpkin. Your pumpkin cannot be over 8 pounds. No offense, but if your pumpkin is over 8 pounds, he's not going to float because we have discovered that on our little foam boards, the pumpkin is over 8 pounds flip and they go underwater. So if you do bring a larger pumpkin, we won't smash it, we won't do anything like that, but we will put it off to the side and just let people look at it, but it will not float out on the lake. But bring your pumpkin, we'll have s'mores, we'll float your pumpkins out, we'll also have a storybook walk. And so this is a really neat, it's a unique event that's really started to grow and gotten a lot of attention. And then we do have our Boobash triathlon, this will be on Sunday, October 27th. You will swim, bike, and run. Or if you have friends who maybe somebody likes to swim, somebody likes to bike, somebody likes to run, you could do a team. We have a variety from newbie to a full try. So wherever you are in your plans, there's something for everyone. Me personally, I never want to do all three of those at one time, so it doesn't, I don't know. I have the utmost people who can come and do all three of these. It's impressive, I tell you. So that's on Sunday, October 27th. You can register online at ATHLEATGUILD.com. And that will begin, check in, begins at 6.30, and then the race starts at 8 a.m. So we would ask that people are out and about on Sunday, keep an eye on those runners and cyclists that are out on the road. Let's keep them safe, encourage them, and welcome them to Portland for this event. Any questions? Thank you. The part of the next. Two more. Good evening, Marin Council. It's a pleasure to come before you briefly describe our first annual and every year from now on we're going to have this Fire Department open house. This is something we have been working on and we've got our staffing to where we can foster this. It's a great event for the community for families and kids to come out and see their fire department. Take a look at our trucks, talk to the firemen, ask them questions. We'll have demonstrations from applications and usage of our trucks to Extrication our safety house will be set up for the kids. We have so many activities snow cones popcorn It'll be a great event and this will be from 10 to 1 on October the 5th So we're we're super excited and this also kicks off our Fire prevention week coming up the next week after some lecture we have slide for that. So that will be something that we're doing in the schools with our kids. It will be a poster contest for kids second and third grades and fourth and fifth grades. We'll get those posters together we're looking for volunteers to come and help judge those at the community center. So thank you very much. Thank you. Miss Moses with the library. Hello, happy, almost fall everybody. We're moving in. August has always been our month to kind of recuperate from summer reading, but here we are in September and everything's back. All the toddler time, Mr. Kippy, everybody's doing their thing. And of course we have our special events to, right? I think I'm going to press the right one. Yes. Our biggie that's coming up on the first, well, next week actually, is our big book sale that the friends put on every nickel of which goes to the library for special things. As you can see Wednesday night is the first night and if people belong to the friends group they can go for a preview and grab all the really good stuff. No, I'm kidding. There's good stuff the whole time. A lot of people like to go to the last day, which is the Buckebag day, the final Monday, and you can fill a bag as far as you can fill it and take it home any kind of books that are left, and it's the best deal. There is. We've been finding lately a lot of people by books at the sale and donate them back, and we sell them again, so it's a great setup. A lot of people buy books at the sale and donate them back and we sell them again. So it's a great setup. A lot of good children's books this year too. And you can see our weekly programs that we have regularly now again. Tonight as I left they were doing a teen book club. So we're having all kinds of good events with teens, the library lounge is coming back very popular. And of course, Mr. Kippie always. Then we have the mystery book club on the first Thursday of every month. We took a couple of months off in the summer because I needed a break because it's all me. And now we're back up to about 20 people, which is fantastic. It's about as much of a group as you can have a discussion with. Very lively, very good. We're doing the Teen Book Club, as I said. We're also doing two nights a week. We're doing chess. And that's become quite popular. We're averaging anywhere from 10 to 17 people. Some of them are kids just learning and some are pretty darn good at it. One of our staff members guides the group and he's pretty good at it. So it works out well. And we have our moms and gardeners workshops. I did get some dates on those, which I forgot to put on here. We will be having Mums and Garders on October 22nd and 24th. And we will have the Mesh Reeth Makerspace. Don't say that too fast. November 9th, 16th and 21st. And those will be, you'll need to register if anyone's interested, so check with our website or give us a call. And then, boy, October 5th, the entire universe is converging in Portland because that's when we have our Book of Paloza also at the new early childhood center which should be fantastic. Again we have thousands of brand new books for children anywhere from birth through second grade. They each get five and if we have enough they will each get several gently used books to take home and keep forever if they want to. So wonderful event, very well attended, not only from Portland, but from surrounding towns and it's become quite the tradition now. And that is my story and I'm sticking to it. Any questions? Thank you very you very much. Thank you. There's plenty, plenty of things to do. And we kick off in October. I have a little lol in November, but then it picks up again in December. So this is the time of year when there's, if you can't find something to do in Portland, you're not looking that hard. All right, let's move on to council comments. Let's begin with Councilman Bethel. Thanks, Mary-O. I'll just thank everybody for the presentations, looking forward to the events coming up and welcome to Mark and hope you have a long and enjoyable tenure here with the city. Councilman Moore. Welcome, Mark. a long and enjoyable tenure here with the city. Council Member. Welcome Mark. We're happy to have you here. I hope you enjoy it. You're gonna be working with some great people. And then yeah, we have some grace I've always appreciated presentations that are given by the different departments. And I think there's quite a bit to do around this time of year or so. Council Member Wilson. I'll echo the welcomes of my fellow council members. I hope you stay with us. You're working with us, not just people, and I'm sure you're going to enjoy the work environment that we have here. And once again, goodos to staff and all the great activities that we provide to our citizens here in Portland. Mayor Proton. Again, welcome. You couldn't you couldn't find a better staff and group of folks to work with. So we look forward to working with you as well. And as my fellow councilman was back, I hope you have long and prosperous career here as well. So and staff citizens of Portland, young, old, media, mage, whatever it may be. If you're looking for stuff to do, you're not, like Mayor said, and you say we don't have anything to do, you're not looking very hard. This time of the year is really, really great for our citizens and our communities, as well as our surrounding communities. We get them from all walks of life. So I look forward to this time of year and thank y'all and all the hard work y'all put into it. It's very much appreciated. So let's go, let's get it on. It's great. Councilor. Welcome to Team Portland or we like to call Team Awesome. It's a great place to work, great staff. Excited to see what you're going to contribute to the team as well. I hope a lot of successful years for you. Also, what I recently was told that these are called the Burr Months. And these are actually my favorite months of the year, September, October, November, the birth, the end. Because all the events we have are amazing. The town just flourishes. We have so many good activities, so far it's really looking forward to that. That's it. Councilor Albright. Likewise, welcome Mark. I'm glad to have you aboard the team. It's a great team and also, Kudos to all the departments. There's never a shortage of things to do in the fall. I think we got something on every weekend in October. So we'll definitely be busy. A couple of announcements. First, I want to congratulate Councilman Bethel on his work on the Coastalman-Based and Histories Dredging Committee. Most of y'all have heard me talk about in the past that our council all participate in a lot of committees and outside governing bodies. And Troy, Councilman Bethel, sits on this Cospon-based Industry Dredging Committee, and he was successful in landing a project in which we will be getting some dredging and wayfinding in our new boat launch. So that was a great project, Troy, and I know that sometimes you think, how can I bring home a project with dredging? But you put your head together with some very talented people. And we came up with a project that will benefit and continue to support our boat, Chris Andrews boat ramp. So thank you for that. Also on Sunday, I was honored to be the guest speaker at the High School National Honor Society induction and 69 of our brightest students in GP were inducted and in order to be in this you have to have four pillars and you have to be voted on by the staff at the school. And it's quite an honor to be asked to be inducted to the National Honor Society. So not only academic success, but you also have character, leadership, and service requirements. So great group of kids and very, very honored to have been asked to speak at that event. And lastly, I just want to, I know we have a lot of events coming up, but I just wanted to highlight a program that our library does. The Book of Polusa is a wonderful program. And not only is that a wonderful program, but it spurs off and actually culminates with the recognition of our 1,000 books before kindergarten program. And I have become a huge supporter and believer of a thousand books before kindergarten. If you watch that program and you watch the children that have graduated and have not read because they can't really all read of a birth to kindergarten, but they just have to have a thousand books either. They can read themselves or something read to them. And it can be the same book over and over and over again too. It's just the love of reading and getting these kids excited. But when you look at the vocabulary of these children and what it offers, I can't over emphasize what a wonderful program. So thank you, Jenny and your team, for you know, continuing that program. And I know that it is done wonders for our children. And last but not least, Mark, congratulations and we look forward to working with you. Mr. Wright. Eric, thank you. I just want to give you an update on our water meter program. We've had a total of 5,000 and 14 meters that are slated to be replaced. During this program so far we have replaced 1,600 of those about 31% of the meters have been replaced. We have a billing cycle about 6,500 accounts every month and last month during the cycle we had about 25 customers that had unusually high bills and Only five of those 25 customers actually had new meters the rest were the old meters And as you know there was a few social media posts about that, those numbers through those posts elevated to somewhere over 100 complaints and high bills. And that just, unfortunately, that wasn't the case. There were 25 cases. And so far, we've investigated 20 of those cases. And found that none of the five accounts that had new meters were a result of a failed or inaccurate reading the mayor in the meter itself. However, two of them were errors on our part when the new meter was installed, the numbers for the old reading was transposed, that resulted in a erroneous bill. Obviously, those two accounts have been corrected. We've also been in contact with most, if not all, with the accounts that were over and investigated those and what we found is that those were all identified as leaks, as commode leaks, swimming pool leaks, irrigation system failures. So the remainder of the bills, leaks, the irrigation system failures, that really accounts for about 99% of the high bills that we get every month. And particularly during the summertime, it's not uncommon to get a number of high bills for residents. So we've talked to the customers, as I said, and we've also made some changes in the way that we monitor those accounts. I want to try to keep that from happening at all. I think it's hard not to have that happen occasionally, but the important thing is that we get the right information out, you know, correct the things that are not correct as quickly as possible. One of the good things about the new meters, as you know, is that instead of these meters reporting their consumptions once a month, these meters actually can report all day long. Actually every five seconds they actually report their consumption. So with that and coupled with a dashboard it's going to come with that meter changing out and that'll be installed once we get all the meters installed. It's going to give customers an opportunity to watch their bill day by day to set triggers. So if they use an extraordinary amount of water on one day, they'll get a push message saying you need to check your water, something's a miss. We want to catch those things and certainly during a drought we want to make sure that we don't have leaks. We don't want our customers to get extraordinary high bills and unexpected bills. So we're going to hear everything we can to try to get those taken care of. The customer dashboard itself hasn't been activated yet but PSI, who is our prime contractor, will put that system into place before all the measures are installed. We're really hoping to get those things done by early first quarter 2025. This is a two-part process, remember? We've got PSI doing two things. Some of the crews are going meter to meter checking for the lead copper rule compliance. That's a very specific process that takes training. Those results are reported to EPA. And so we've got to make sure that's done right. The second part of the process is actually changing out old meters for new meters. So just so our citizens know, it's very possible. You may have more than one occasion when someone's working on your meter. It could be the crew looking for lead copper compliance. It could also be a crew that's changing out the meter. And we're working with them very closely to make sure that they're staying on track and hopefully we'll get this all done without any further problems. That's all having there thanks. Thank you. Can you ask a question? Sure. Absolutely. By all means I agree with the stance that I own my home I own my water meter I should go on the dashboard set my alarms or alerts me so I know there's an issue One percent out of curiosity is there a way that we as a city in this new software We can set deviation alarms where it senses regularity and then anything you know outside of those parameters where it helps us Notify citizens absolutely. I mean we'll get notifications just the same as homeowners can. It's up to the homeowners to set those triggers. They can go on and do it but but the city by all means is going to be watching those numbers. I mean to this point we've had to wait until the readings come in every month to see a high reading. And and it's it's hard to go back you can go back at this point and download some of the meter data but it's hard to go back. You can go back at this point and download some of the meter data but it's not as precise as these new meters are. So and it's certainly not as timely. So we're going to be able to let people know right away and hopefully we won't have these kinds of things with these new meters. I mean, never say never but the purpose of all this is to make sure that people know what their consumption is day by day, so nothing gets ahead of them. That's outstanding, because I'm all for continuous monitoring is you're right. You can manage it now and not a month down the road. So, thank you. For those meters that have been set up, is the software already available to be able to log in and start monitoring No, the software is not set up yet. It will be set up by the time that all the meters are installed Well, thank you mr. Wright and I think you make an excellent point that Well, I'm gonna make the point that if you have a problem Please contact the appropriate city office. Putting things on Facebook does not, sometimes it's not accurate, sometimes you don't really, and waiting for somebody to respond to you off of the Facebook post. The best way to get something resolved is to call the city department direct and I can promise you that any time that I've ever seen that and you know when I recommend that somebody call the City Department their issues resolved to their satisfaction. It's happened 100% in the last 21 years I've been doing this so it does work and you just have to make sure you're talking to the people that can fix your problem. Okay, let's go into public comment. I do have one speaker card here tonight. Ms. Victoria Parada from the San Patricia County, your election coordinator, and you would like to give us information on early voting and registration. Voter registration. Yes. Thank you. Welcome. Good evening. I just want to come in and give you a couple of important dates that we think will matter a lot to your citizens and to everyone here. First, this Friday we will be hosting a voter registration drive at the Wildcat Football Game. So we really encourage everyone to check their voter registration to ensure that it is up to date and accurate. You can do that by going online to the My Voter portal through Texas Secretary of State or contacting our office. If you find that there's something that has not been updated correctly or slipped through the cracks, you may have forgotten, we encourage you to reach out to us or to come to the Wallcap football game and get your registration updated. The deadline to update is October 7th. So we really want to make an effort to get it done as early as possible. That way you know everything's taken care of by the time election day comes along. Now you will need to update your voter registration if you have recently gotten married, maybe you've changed your name, if you've recently moved. I'm sure some of you are parents in here, if your child has recently turned 18, or if they are 17 and 10 months and will be eligible to vote on election day by turning 18, they can also go ahead and register that way everything's taken care of ahead of time. Next, as I'm sure many of you know, election day is November 5th, but we strongly, strongly encourage you not to wait to election day to vote. I can almost guarantee you will be waiting in a line and nobody wants to spend their day waiting in a line as important as voting is. So we encourage you to come out and vote early. You are less likely to have a line and it should be quick and easy. With that said, early voting starts October 21st and we'll run all the way until November 1st. The only day we are not open in this area is on that Sunday. That Saturday, we will have a 12-hour day, we will be at the community center from 7 a.m. to 7 p.m. We will also have 12-hour days that last Tuesday and Thursday of the second week. We will be here from 7 a.m. to 7 p.m. And then we will also be available in Sintin on that Sunday if that is the last possible time you can come in and vote early. We will be at the Community Center like I said in Ballroom B I believe. So there will be plenty of space, plenty of machines and we really encourage you to come out and vote early. Don't wait until Election Day. And with that said, I strongly encourage you to come out and vote early. Don't wait until election day. And with that said, I strongly encourage you to check your voter registration. We know there's a lot of information going around online. You're seeing things in the news. You're seeing things on Facebook. Maybe you're hearing someone say that you kind of here at the grocery store as the mayor has pointed out. It is always best to make a quick phone call to get your answer directly from the source. So if you see something that may be concerning we encourage you to visit our website or our Facebook page where we are the ones giving out the information that is concerning to San Patricia County residents. And if that doesn't work for you, feel free to call our office or stop by any time. Thank you. Thank you, Victoria. Is there anybody else in the audience that would like to make public comment at this time? It's hall, do we receive anything online? Mayor, there were no comments received online. Thank you. Okay, that will move into our action items. Minutes of the previous meetings. The City Council will consider approval of the minutes of its September 3, 2024 regular meeting. I'll entertain a motion. Motion to approve the minutes of September 3, 2024 regular meeting. Second. Motion made by Councilman Sutton. seconded by Councilman Moore to approve the minutes of the September 3, 2024 meeting. Is there any discussion on this motion? We'll begin with Councilman Albrek. Four. Four. Four. Four. Four. Or. Motion is approved. Item number nine is a public hearing rezoning request. The City Council will conduct the public hearing to solicit comments from citizens and other interested parties concerning your request from Robert and Kathy McCoy to rezone approximately 1.91 acres of abstract 104 John Dennis survey 1.909 acres located at 2000 more from our six single family residential to G. C. G. General Commercial. Miss Minos. Thank you Mayor. You know what let me do you want to do the press let's go ahead and open the public meeting and then we'll do the presentation. All right it's 720732 we're gonna go ahead and recess the council meeting and open the public meeting and then we'll do the presentation. 720732, we're going to go ahead and recess the council meeting and open the public hearing. Thank you, Mayor. As you just mentioned, our agenda tonight begins with the public hearing, which city staff will review our presentation. Then the applicant will have an opportunity to provide comments and we will close with public comments. Once closed, the council will provide any comments or questions and deliberate the request. The approval criteria for the rezoning requests are specified in section 319 of the unified development ordinance. The seven criteria to be considered are determining if the request is compatible with the city's plans and policies, if the request is consistent with the unified development ordinance, if it is compatible with the surrounding area, determining if the conditions have changed, if there's a community need for the request, and evaluation of the development patterns in the area. In your packet, we have provided the staff analysis and the applicant has provided their responses to each of these criteria. Robert and Kathy McCoy have requested the rezoning of their property located at 2000 more from the single-family residential zoning R6 to the general commercial zoning CG. The property was part of an annexation that took place in 2015. At the time of annexation, the property saw a variety of non-residential uses including contractor storage. The uses after annexation were allowed and were considered legally non-conforming per the UDO. The use of the property seized in 2022, causing the non-conformity provisions to lapse since the property was dormant for over a year. The applicant has listed the property for sale and would like to make it more marketable for non-residential uses based on the inquiries they have received. The 1.9 acre property is located at 2000 more avenue on the south side of more avenue and east of Hunt Road and west of Doyle Drive. This is a street view of the property along more. It currently has four unoccupied buildings. Two of the buildings are approximately 850 square feet in area and the other two are approximately 1700 square feet in area. I'll have front entry doors and a garage door. To the east and west of the property are scattered single family residential uses on acreage and the hunt airport. To the north of the property is WC Andrews Elementary School and to the south is largely undeveloped scattered single family residential uses. The 2040 comprehensive plan was developed as a guide. The plan does identify this area as low density residential, given the expansion of more avenue to a 5 lane roadway by the Texas Department of Transportation within the next six months and the location of the school, it can be anticipated that at some point this corridor will begin to transition with non-residential uses. There is retail office designation approximately 2.24 miles to the east which contains a pocket of existing CG zoning and waterfront mixed use designation west of Hunt Road. The property has access to water and wastewater services, fire hydrants are located across the street and the property next door. And please note that any new developments at this site will require the property to be platted and the existing utilities to be reviewed and analyzed for any new demands. Further requirements in the UDO, the public hearings were published in the news of San Patricia in August 22nd and mailed, via certified mail to nine property owners within the 200 foot buffer zoning. As of today, we have not received any comments. The Planning and Zoning Commission held a public hearing at their meeting last week on September 10, 2024. During that time, no public comments were presented. In a 50 vote, the commission recommended approval of the request to rezone the property to CG General Commercial. So just to recap this request, the property was annexed in 2015. The owners have submitted a request to rezone the property to CG but are flexible with CR zoning. A table reflecting comparisons between the R6 professional, commercial retail and commercial general zoning districts have been provided in your packet. The main takeaway is that the CR and CG districts allow a wider variety of non-residential as what uses by right such as a restaurant, fuel sales, gas station, and vehicle servicing. Professional contractors offices are only permitted by right in the CG zoning district. City staff believes CG zoning district would revert the property back to pre-annexation uses. It is worth noting that the size of the lot in it of itself is a limitation. In other words, the size of the lot may not be able to accommodate all of the development standards such as parking, landscaping setbacks, large enough for bigger building footprints. Additionally, the UDO provides buffering and screening standards between residential and non-residential uses that would be required if a commercial use was done at this site. City staff recommend City Council adopt one of the following motions which are approve the first reading of ordinance number 2, 3, 0, 0 or approve the first reading of ordinance number 2, 3, 0, 0 with modifications or deny the first reading of ordinance number 2, 3, 0, 0 with modifications, or deny the first reading of ordinance number 2, 3, 0, 0. At this time, I would like to invite the applicant, Ms. Kathy McCoy, to the podium, to offer any additional comments. Thank you for having me tonight. During the 2015 rezoning time, we were preoccupied with some medical conditions concerning my husband and his son on kidney transplant. His son was the donor and he was the recipient. So through that, we were a little preoccupied and did not realize that it was being re-zoned to a residential. It had always been a commercial from the time that we purchased it even from the Bishop's of Pulse Tree, and it was Bishop Towing, and just had no idea that they had changed it to a residential. But I would appreciate Y'all's consideration for it to go back to commercial. There's been a lot of prospects for the commercial side since it none for you nobody would want their parking lot or driveway going out to a five-lane road so thank you very much for your consideration. And may that concludes our presentation. Reading this request. Seeing none, it is 7.39 pm. We're going to close the public hearing. We're going to move on to item number 10, ordinance number 2300 rezoning requests. The City Council will consider the first reading of Ornett's number 2300 to rezone approximately 1.91 acres of abstract 104 John Dennis survey 1.909 acres located at 2,000 more from R6, single-family residential to CG general commercial miscellaneous and anything additional to add. Excuse me. Yeah, everything additional to add. No mayor. I have nothing additional to add. Any questions and miscellaneous? Mr. Wilson. So if the zoning changes approved then any of those things you listed could be constructed on that side. Is that correct? That's correct. Councilor Wilson. That's correct. Councilor Wilson. That's correct. Councilor Wilson. That's correct. Councilor Wilson. That's correct. Councilor Wilson. That's correct. Councilor Wilson. That's correct. Councilor Wilson. That's correct. Councilor Wilson. That's correct. Councilor Wilson. Councilor Wilson. That's correct. Councilor Wilson. But we could do perhaps a special use permit if we didn't change it until a buyer came in with a specific project. Is that accurate? That is accurate, but I don't want to speak on the applicants behalf. But the reason they wanted this rezoning now was to make it more marketable during sale. And it would be something that their perspective buyer wouldn't have to do When they're purchasing the property understand the reasons but but basically what it does is it gives the city very little control over What might go in because there's a long shopping list of commercial Developments that could be placed there in accordance with zoning ordinance developments that could be placed there in accordance with zoning ordinance. And the applicant spoke to the reason they, I mean, technically it's been zoned residential since 2015. The applicant spoke to the reasons why they did not ever come in and get this changed in the zoning fashion even though it's been nine years since that took place. Personally, I'm not fond of the notion of writing a blank check to just give any development there because it impacts how that might develop and how the adjacent properties are even though the adjacent property owners didn't come forward with complaints. To me, it gives too much leeway and too little control on behalf of the city. I would be perfectly comfortable issuing a special permit if an appropriate use was clearly identified and the special permit was issued on that base is simply because if that use goes away it reverts back. If we approve the CG zoning change it's not going to revert. Anybody can come in and do anything on that shop list from fuel stations to sea stores and other things. So I'm not excited about doing that. Councillor Wilson, if this property remains R6 single-family residential, a special use permit would not be allowed by our code for any commercial use. It would only be allowed for residential uses, especially use permit could be obtained for an assisted living facility or a group home, but it would not be allowed for any commercial use. But right now there's no specific use identified in this application. It's simply they've got some potential buyers. Do we know if the property is going to be used with the facility center on it, or do those potential buyers plan on building something new? I'm not aware maybe we can have the applicant come back up and answer the question, but I would like to add, we did look at this site based on its size. We didn't feel that it would be feasible just because of the size and parking requirements for something such as a fuel station or very high intense use commercial site. And that's why we felt a little more comfortable with the CG because it couldn't just based on parking requirements alone, it would be very difficult to have a very intense project here. I mean, Patrick goes on to say that, you know, it's not compatible with the land use plan that we put in place. So in that regard, not enthusiastic. Just curious, could you elaborate more on the different swing CG and CR? I really don't have any concerns with the rezoning. Just up from here with this property for several decades now. But with the potential of what is constructed on it or what the use ends up being, is there a difference in my concern would be being across from the elementary school? Right. So, one of the planning and zoning commissioners did ask a similar question during the public hearing or after the public hearing. And they noticed we did provide you a table of the comparative zoning for retail, commercial CR and CG, just so you could see side by side, what some of the key differences are. And I won't go through all of them, but one of the questions was a liquor store, because in CG you can have a liquor store. Obviously, since it's across the street from a school that can't happen. So that's one big difference in use. Let me just look really quickly. And that would be one that made it as one more restricted than the other to see in the close proximity to an elementary school. Yes. So CG is definitely, or CR is more restrictive than a CG certainly. I'm assuming that the ones highlighted are the ones that would have to take special consideration or not be allowed. Yes, they were just to bring them to your attention. Okay. That's I just want to add to that on the our master plan, the future land use plan did not get that granulated in where and so if we typically don't do spot zoning, I mean that area when we looked at it once this request came in, you know, we think about what's that going to be in 10 years or 20 years. It's probably not going to be new homes. It's probably more suitable as we widen that road and expand it for some kind of commercial use. Now, what that is, I'm not sure, I think the limitation is that in this particular case, there's no special use permit provision to be able to do that. It's either, you know, it's either zone is that or it's not. Okay, Randy, I kind of agree with you. I think that the whole area is going to end up being, you know, commercial at some point in time. So I'm not exactly, you know, you know, opposed to the zoning part of it, but the school is one point and then, correct me if you're wrong, but the FAA regulations, I'm not too sure if this particular property would be impacted by the height restrictions there. I know it's closed. It is certainly closed. But I don't believe so. I don't know for sure. Marker or something like that away from my runway that you have to start in height restrictions. I can't remember exactly what it is. I know some of the development over an Inglesadot came here a port that are running into some of that, those issues as well as far as height restrictions due to the runway. And I too, I'm not opposed to the zone chaining, looking at the future of Portland and our land use now of where we have commercial development, where the potential for commercial development might be and looking at the future of Portland and our land use now where we have commercial development, where the potential for commercial development might be and the future of possibly the Hunts Airport that's up or sale and things of that nature were eventually going to have to identify some of that or future growth. So, and looking at that and seeing this, and I too for decades have remembered, I remember getting a chair, a poster changed there so many, many years ago, as well as cars repaired. So, it's kind of always what it's been, but I'm not opposed to it. I think, I think, you know, being close to the schools, we can watch that closely as well, and identify areas that we can more say closely as well and identify areas that we can or cannot allow there. Likewise, I think, you know, as that area develops and those roads widened, we're going to have a need for some small commercial areas and with the size of this part, so I don't really see a whole lot of other uses. It's not like you could put a subdivision in there under two acres. I think it kind of gets back to what it has been historically so I don't have any heartburns. I've seen it as a main corridor basically through Portland and out of Portland over the years as well. That is one of our primary streets that gets you you here out of here so it makes sense. All right so my comments are just want to echo Mr. Wright said our comprehensive development plan is not that granular and we we certainly were not looking at certain areas this is going to be a five-lane future corridor and when obviously when we have that type of corridor we'd like to see commercial and sales tax and other revenues brought to the city of Portland. The applicant also purchased this property knowing that it was being used at the time as commercial property irrespective of the time frame that's you, that's not a reason to rezone this. We're going to stick to the technical basis of this. And so, you know, we go back to our permitted and special use tables when we are looking at the types of zoning and certainly under commercial or general commercial, these are the types that you can have a residential use such as assisted living. But if you get past that, you're gonna go into special use permits. So that would cover us on that institutional or civic, pretty much that's gonna take all special use permits. So we'd have discussion on that. It could be entertainment and recreational. So we could do bowling alleys if theaters or doubt parking would be an issue. So you are constrained on what you could develop it by our other development codes. So but it could be used for some kind of entertainment or recreational uses. Moving on to could not be a hotel or a motel without a special use permit. It could be things like a bank or a professional office. We are short of professional offices in this area. It really interests me. Office showroom, personal services. It could be a repair shop like it was before. Electronics, professional studio, maybe self storage. So there are a lot of youth could be a veterinarian clinic. So it could not be anything industrial without a special use permit. So I feel like our special use table allows us to control what would potentially be on this commercial property. It's being, I think, it's the right move for the city given our growth and given the opportunity to have additional commercial development, even professional offices. So I'm in favour of the project. I'd like to put it in the form of a motion to go right ahead. Second. Motion made by Mayor Pro Tem Green, seconded by Councilman Sutton to approve the first reading of Ornist number 2300. Is there any discussion on this motion? Hearing none, we'll begin with Councilman Bethel. Or, or against. Or. Or, or. Okay. So motion is approved. There will be a second final reading of this ordinance at our October 1st. That's what we're planning to do. Second. September 23rd. Pardon? September 23rd. Okay. So there will be a second reading of this ordinance on September 23rd. Okay. Thank you. We will move on now to item number. I'm sorry. This hall would you read the caption into the record. Nornance Resolving Approximately 1.91 acres of abstract one of four John Dennis survey 1.909 acres located at 2004 from our six single family residential to CG general commercial providing for the repeal of ordinances and conflict here with providing a severability clause, establishing a penalty for violation that specifically negating a requirement of couple of mental state, providing an establishing and effective date and providing for publication. Thank you. Item number 11 would be ordinance number 2301 amending the 2023-2024 fiscal year budget. The City Council will consider the first reading of ordinance number 2301 which amends 2023-2024 fiscal year budget. Mr. Wright. Thank you, Mayor. The next five items are all part of the annual budget adoption process. The first item actually reconciles our budget by amending both our expenditures and our revenues to current numbers as we finish out the year. The second two items are public hearing and the first reading of an ordinance that actually adopts the budget, the fiscal year 24 and 25. And the third is a public hearing and a first reading of the ordinance setting the tax rate Which is needed to support that budget That's not the slide. Oh, there we go. Oh, I'm sorry. Yeah, I'm jumping ahead. I'm so sorry. You got to fix this before I thought. I'm sorry. Just reach over. Slide. Good evening, Mayor and Council. So, Council adopted the fiscal year 24 budget back in September of 2023. At that time, sales tax was performing at a 10% increase over the previous year and it was averaging about 9% increase for the previous three years. However, as council is fully aware, this fiscal year sales tax has seen a decrease of 3% year to date. This is a difference in our projections of about $450,000 in our fiscal year general fund budget. So because of the materiality of that amount city manager did find it necessary to minimize this deficit by reducing our budgeted appropriations. So after review of the budget the total amount of decreased necessary to balance our general fund budget was $349,000. Measures that the city took to make the necessary adjustments are listed here. We did enact a hiring freeze on all vacancies except patrol and TCEQ required positions. We did defer any non-critical capital expenditures as well as facility improvements. We eliminated out-of-state travel and we reduced overtime expenditures. So since we are amending our general fund budget, we are also amending our other major funds to get those in line with our projected end-of-year expenditures. Total impact across all funds is a decrease in total appropriations of $601,000 which is detailed on the screen as well as on your supporting attachment. This ordinance will require two readings as well. The second reading will also take place on September 23rd at a special City Council meeting. Do we have a dance or any questions? I'd like to make a comment. I appreciate the city doing this because it's much better to readjust than to just keep on going and blowing the budget. So I just really do appreciate that. Any questions? I'll entertain a motion. A motion to approve the first reading as it works with 23-Olona Mending the Year 2023-24 budget ending September 30th, 2024. I'll second. Motion made by Mayor Prozim Green. Seconded by Councilman Bethel to approve the first reading of ordinance number 2301. Is there any discussion on this motion? Hearing none, we'll begin the vote. Councilman Albrecht. 4. 4. 4. 4. 4. Motion is approved. We will move on to item number 12, public hearing on adoption of the proposed 2024, 2025 fiscal year budget. City Council will conduct a public hearing to solicit comments from citizens and other interested parties. Concerning the adoption of the proposed 2024, 2025 fiscal year budget, 757 PM. We're going to recess our city council meeting and go into public hearing. Mr. Wright. Thanks, Mayor. I was so excited to get into that. I'll be right forward. So our total fiscal year 2425 citywide budget includes expenditures of $47 million, $687,360 against revenues of $48 million, $304,295. The results and a positive contribution to our various fund balances of $616,935. This year's budget will fund a program replacement of several of our vehicles across various departments in the city. It also funds a number of critical cybersecurity upgrades. It also includes capital equipment for the streets, parks, maintenance, and senior citizen operations. The budget funds to new positions that are needed to keep up with continued growth in the community in those positions, as you recall, are in the IT department and the utilities department. Turning to the general fund budget. So the general fund, as you know, is the budget that funds the majority of governmental operations like police, fire, streets, community center, library, all the general governmental services for the city. And it's the only budget that's actually supported by ad ballarm taxes. Our other major fund is the Water Wage Water Fund and we operate that as a non-profit and it derives its funding from the rates that we charge our utility customers. So the proposed general fund budget includes revenues of $20 million, $729,000, which $9,798,869 are just under 50% of those revenues are derived from property taxes. And as we pointed out in earlier meetings with you, this is a minimal budget. I mean, it does not include all the items that our department adds ask for, but it does. It is a minimum budget. It's going to allow us to continue operating the city at our current levels without losing any services. And lastly, it's also designed to make sure that we're preparing ourselves for the future. We've got enough built in there. Okay? Next. So, as you know, like other businesses, the majority of our budget goes to personnel cost. Out of every dollar that we spend 72 cents goes for personnel. Only 24 cents goes for operating day-to-day and only four cents of every dollar goes to supporting capital projects and the debt associated with those capital projects. I'll return it over now to Ms. Martin Letter, kind of filling the gaps in and talk about the ordinance itself. Yeah, so as Mr. Wright just recapped our fiscal year 25 proposed budget across all funds is projected at $47.7 million with $48.3 million in revenues for projected surplus of $617,000 per our charter. We are required to adopt this budget at a fund level. Each of these funds is listed on the agenda bill as well as on the ordinance 2302 of those funds. the funds that are supported by property tax are of course our general fund and our debt service fund. Our general fund is a balanced budget with revenues and expenditures of 20,729,881. While our debt service fund has appropriations of 7,132,489. And of course the debt service fund, that is what is required to fulfill our principal interests for our bonds. As you can see, all other funds have either a surplus or a break-even balance. The proposed general fund budget will require a tax increase of 3.5 cents from our current tax rate. The adoption of that tax rate will be considered in the subsequent public hearing. This is the first reading of ordinance 2302 and the second reading will take place on September 23rd. All right, so that staff presentation is there anyone that would like to make public comment on the proposed 2024-2025 fiscal year budget? All right, seeing then we will close public hearing at 0.2 PM and we'll go back to our council agenda. Item number 13 is ordinance number 2302 adopting the 2024, 2025 fiscal year budget. City Council will consider the first reading of ordinance number 2302 which adopts the 2024, 2025 fiscal year budget. Mr. Wright and Ms. Martin, is there any additional comments? No additional. Mayor, thank you. All right. I will entertain a motion. On my promotion to approve the first reading of the next 2302 adopting the fiscal year 2022-2024-2024 budget in the September 30, 2025. We'll begin the vote with Councilman Albrecht. Motion made by Councilman Wilson, second vote with Councilman Albrecht. 4. 4. 4. 4. 4. Again, this is the first reading of Ornist number 2302. We will have the second reading of this ordinance on September 23. I want to thank the city staff and the council for working on this budget. This was a, we began working on our budgets in early summer, starting with the strategic workshop. And so it's been a process and so I want people to understand that we're not arbitrarily just, we've been looking at this budget for months and months and months. So thank you to the council. that we're not arbitrarily just we've been looking at this budget for months and months and months so Thank you to the council and again Anyone is interested in looking at the budget. It is available publicly We'll move on to item number. I'm sorry. This hall would you please read the caption into the record? Yes, ma'am An ordinance adopting a fund level budget For the insuant physical year year beginning October 1st, 2024 and end in September 30th, 2025 in accordance with the charter of the City of Portland appropriating the various amounts thereof and repealing all ordinances or parts of ordinances and conflict therewith providing for public hearings, providing for a publication of the ordinance and for an effective date thereof. Thank you very much. We'll go into item number 14, public hearing on proposed tax increase. The City Council will conduct public hearing to solicit comments from citizens and other interested parties concerning a proposed increase of total tax revenues. It is 805 PN. I'm going to recess our council meeting and go into public hearing, Mr. Wright. Thank you, Mayor. So the proposed tax rate is of 67.45 cents per 100 valuation. It represents a 3.57 cent increase over last year's rate. It is necessary to adopt this tax rate in order to support the budget. It's nearly consistent with our tax rates over the last seven or eight years. And what does this mean to the average homeowner? Well, the average home in Portland is now $300,000, according to the appraisal district. So for the owner of a $300,000 home, they would see a tax increase of $107 per year or about $8.92 per month. And Ms. Martin will get over the go over their ordinance with you and again point out that a copy of the budget and all this information is available online and also at the library. Ms. Martin. Yes, as Mr. Wright just pointed out, our fiscal year 25 budget does hinge on a tax rate. The exact rate is 0.6452 per $100 of value. This rate will generate an estimated levy amount of $13,670,842 with approximately 9 million of that going to MNO and 4 million going to the INS. The breakdown of the tax rate is included in the ordinance and it must be adopted as two separate components. The MNO being 0.442381 and INS being 0.23 excuse me, point two, three, two, zero, seven, one. This is the first reading and the second reading will take place as well on September 23rd. Thank you very much. This is where you're in the public hearing phase. Is there anyone in the audience that would like to make comment on the proposed tax rate? Is all that we receive any online. There were no comments received via our e-common platform. Thank you. Again, anyone that would like to make comment on the proposed tax rate. Hearing none is 807 PM. We're going to close our public voting and move into item number 15, ordinance number 2303, adopting the 2024 ad warm tax rate. City Council will consider the first reading of ordinance number 2303, which adopts the ad warm tax rate and establishes a tax levy for the year 2024. I think further, Mayor Lachap, questions? Any questions? Okay. Hearing none none I'll entertain a motion. Motion to approve the first reading of ordinance number 2303 that sets the maintenance and operation portion of the tax rate at 0.442381 in the debt service rate at 0.232071 for a total out of the lower tax rate of 0.674452 per $100 valuation for fiscal year 2024-25 with an estimated 2024 tax levy amount of $13 million $678,842. Second. Submission made by Councilman Sutton, seconded by Councilman Moore to approve the first reading of Ordinance Subber 2303. Is there any discussion on this motion? We'll begin the vote. Councillor Bethel. Four. Four. Four. Four. Four. Okay. Motion is approved. We'll have the second reading at our September 23rd Council meeting. Ms. Hall, would you please read the caption. An ordinance levying taxes for the City of Portland for the tax year 2024, providing for a date of which taxes become delinquent providing for a lean on all real and personal property to secure payment of taxes due there on providing for penalty and interest to and an effective date there of providing for a 20% collection fee providing for publication of the caption of this ordinance and providing for an effective date there of. Thank you. Item number 16, ordinance number 2296 plan unit development request. The City Council will consider the first reading of ordinance number 2296 that was tabled at the June 18th, 2024 City Council meeting that re-zones approximately 45.2 acres generally located at the northeast corner of Stark Road and Mendoza Drive from R6 single-family residential to a plan unit development. Ms. Vignose. Thank you, Mayor. As you mentioned, this item was tabled during the June 18, 2024 City Council meeting. The presentation this evening will provide a brief overview of the plan unit development request as well as the revisions the developer has made to this request The applicant is proposing a plan unit development on 45.2 acres of vacant land Generally located at the northeast corner of Stark Road and Lane Road This request is within the approved plat for the David Estate subdivision, which is a total of 133.558. The current zoning of the eight units within the David Estates subdivision is a mixture of single-family residential R6, R7, and R8 zoning. To the south of the subdivision is Bridge Point Apartment Complex, which is zoned R20. Most of the surrounding zoning to the west is R6 and a commercially-zoned area shown on your screen. As previously mentioned, this request is for units six and seven shown in pink and light green on your screen within the David Estates subdivision. There are six other units within the subdivision. Five of them are zoned R8 and one is zoned, R7. When this item was brought before Council in June, unit eight, which is now shown in light purple on the bottom of your screen, was not factored into the request. The preliminary plat shows this as one lot. It has since been included in the tabulation of the lot counts and the housing allocations provided by the developer that we will review in the next slides. Units 1, 2, 3, 4, and 8 are currently zoned R8. In the R8 zoning district, the minimum square footage of per lot is 5,000 square feet. The minimum average lot width is 50 feet. Unit 5 and part of unit 6 is zoned R7. In the R7 zoning district, the minimum square footage per lot is 6,000 square feet. The minimum average lot width required is 60 feet. The other portion of the unit 6 and all of unit 7 is zoned R6. The R6 zoning district is one of the larger residential zoning districts with the minimum square footage per lot of 7,000 square feet and a minimum average lot width required is 65 square feet. I'm 65 feet. The developers requesting all of Unit 6 and 7 to be considered a plan unit development to allow for a variation of the lot width. The proposal requests a minimum lot width of 45 feet. This request is 5 feet narrower than the 50 foot width requirement in the R8 zoning district. As you will see in the next table, the existing lot width requirement for these units are 60 and 65 feet. The reduced lot width would equate to the addition of 74 additional lots within Unit 6 and 7. The applicant has stated this request for 45 foot wide lots would allow builders to utilize foundation footprints of 35 feet. So just a quick recap of the actions taken thus far on this item. In accordance with the UDO, two public hearings have taken place. During the public hearing at the Planning and Zoning Commission in May, one public comment was made regarding tree preservation in the area. PNZ voted 4-2 to recommend the approval of this request. The City Council held a public hearing in May as well and no comments were received. In June, the PUD ordinance was tabled for this item. Staff has analyzed the PUD request and has noted that the request is similar to the R8 zoning designation in that the minimum lot square footage maintain will be 5,000 square feet. We have visited the existing homes at this site. Staff and council have expressed concerns regarding the quality of the construction of the homes such as lack of diverse facades, the quality of the interior and exterior designs and a lack of interior elements such as patios. We have discussed these concerns with the developer. In your packet, you have the most recent proposal from the developer, which includes addressing these concerns by offering building collections that are intended to meet this request in units 4, 5, 6, and 7. As I previously mentioned, this proposal now includes unit 8. According to what has been submitted, units 3 and 8 reflect utilizing what we know as the Water Mill collection. For reference, we have included in your agenda packet the previously submitted proposal and the current proposal showing that housing allocations provided by the developer. Any conditions? Council deemed appropriate to be applied to this request should be included in an amended development agreement. If the first reading of ordinance number 2296 is approved by the City Council, the resolution for the amended development agreement will be considered at the September 23rd City Council meeting. On your screen, this evening are the recommended actions for this item, which are to approve the first reading of ordinance number 2296 or approve the first reading ordinance number 2296 with modifications or deny the first reading ordinance number 2296. I would like to add we have provided a couple of packets on your on the dius today of home collections. We do have the developer available on the line. I'm not Moses. Can you hear us? Yes, I can can thank you. And Mayor that concludes the staff presentation. So just for clarifications we just received this so we're digesting this right now. Yes so this is a copy the front page is the three houses or six houses, nine houses? Yes, Mayor. So these were included in the original packet and we just didn't put them in the agenda packet. And we provided these so the developer can reference them during his comments. He has included a new product line which are included in this packet. There's page numbers on here that he'll reference them in his speaking points. So now they're proposing the Lennar homes or the developers proposing the Barrington collection and the coastline connect collection and it could be any of the homes that are on the coastline. That is our understanding Mayor. And again the developer can speak to that as he's provided this information. All right. Mr. Monsugash, would you like to make a comment or presentation at this time? Yes, thank you, Mayor. Thank you, Council. Sorry I'm not available in person. I am dropping off my daughter at college in California. They do very, very late and very unusual. But I appreciate Shell's time again on this matter. As you know, we were there three months ago talking about the different builders that we've got in our community. We've got DR and Lanar in our David Estates community. Currently building in units one and two and then building in units three and five here shortly. We actually just opened up the flurkey brand new road section to the community. As of a couple of weeks ago and have a beautiful corridor leading to our community and I took your concerns and took your comments very seriously and over the last three months have worked with both the builders that were currently working within the area and have expressed those type of concerns about quality and just the type of homes that they're building. So as far as the DR group, they're still looking at building in the future in the David Estates area. I've expressed to them some of the same concerns about the facade on the outside, making sure that it is comparable to what they're doing now, or even elevating it in the future. And as far as the Lenore homes, the Water Mill product, removing that or moving on from that in the future phases and phases four, five, six and seven, and they have committed, I know when we had talked initially, they were looking at 50%, they have committed to doing 100% moving forward. But now when we were talking previously, they were doing a barrington product. And as a corporation, they're moving on to what's called a coastline product. It's actually a step up from their barrington product. It's got larger windows, similar ceiling heights at the nine foot. It has no siding on the front where the barrington did have accents of siding on the front. So this would be a full stone or brick masonry completely on the front. It does have versions of doing it on the three sides as well. And it has five different layouts instead of four. Now, their Barrington products ranged as far as square footages from 1200 to 2100 square feet. Their coastline products ranged from 1634 square feet to 2378 square feet. Price ranges of 2.95 to 369 to 375. And from their water mill that was 245 to 285. And the DR products still being in the range of 280 to 335. Similar to what you've seen in David Estates Unit 2. So what we wanted to provide you with some examples of those five product lines and they've got multiple window versions and front facade versions. All of them do come with covered patios, front porches, some of the details that y'all were looking at previously, including tile showers and taller ceilings. So I wanted to just kind of express that, you know, we've spent the last three months talking to both builders, going over the details with them, our expectations as far as quality, over quantity, and the dedication moving forward to the city of Portland as far as the type of product that the city would like to see. And they've heard our requests loudly and told them 90% won't do it. It's got to be 100%. They've got to put it in writing. Currently I do not have any contracts with them moving forward. It's contingent basically on today. If you guys and ladies approve this as far as the zoning, then I would work with them and make sure that I would sign into the developer agreement that I currently have for the RCC program. These type of standards, which then would relate to them having to do the same thing moving forward with me in the future units that we still have to develop. So that was really most of my presentation. Wanted to just kind of express Y'alls patients for me and being able to table it three months ago and coming back, you know, at this time to kind of go over those concerns and issues and and express it to them and they've done their modeling. And obviously we know interest rates are falling a little bit. Hopefully the economy still keeps the straightening. Straightening of straightening over time. And hopefully get some relief from the Fed moving forward. Which are all positive things for the building community, but also for the city itself, as far as the type of homes that they would be providing in this community's moving forward in the future phases. So, and I wanted to be here to just kind of answer any questions for you all. Again, I apologize and I'm not there in person. I would say my better half Justin is there for me, but then my wife would get mad, so I'm not going to say that. But he is in the audience as well and can answer any questions in person, but I am available here and hopefully y'all can hear me clearly. And I stand by for any questions. All right. Before we begin, council comments, I want to let everyone know that Councilman Bethel has presented the city with an affidavit of a conflict of interest on this. So he will be abstaining from all discussion in the vote tonight. All right. Go ahead. A couple of things. Well, one thing for clarity. First, I appreciate you taking the time and taking your daughter out to college. It's a very important family matter. So I would do the same. Thank you. Second, Watermel collection with what's being proposed as Watermel collections off the table, right? For the future phases of units 4, 5, 6, and 7, 4 is under construction currently. 5 is obviously opening up soon. Six and seven, or what's your considering the zoning for moving forward? Yes. Okay, thank you. Second part to what I wanna hit on is what guarantees if we rezone, y'all ink the deal on the coastline. Series moving forward. This kind of seems like a standoff of, they won't commit unless we rezone, but the same part we have interest in it. If we rezone, we don't have an ink contract. What kind of risk are we taking? So you wouldn't have any risk. The risk is really put on me as the developer, as it's been really from the beginning as a developer we develop and ultimately have to find buyers I'm guaranteeing in my portion of the packet to y'all which basically means that I will be signing something that kind of allows you all to control the building permit aspect of it which I would then have them put in their contracts and obviously they're very aware that, you know, these are the standards moving forward which basically means they know that you guys wouldn't or the city of Portland wouldn't issue any building permits for this type of product if it's not this or even higher moving forward. Okay, thank you. I also have a question. Just to add on, this line is a higher line than the Barrington that they were doing previously and again DRs committed the same thing moving forward with the product line that they have as well. Yeah, so I appreciate the work that's been done here. But when this was originally discussed and developed, the intention and the needs of the city was, you know, that we needed, you know, different layers and levels of housing, you know, to accommodate, you know, different, and that's why the different lots has to do there. I don't really see what those needs have changed and that's kind of or I'm just a comment to. So I don't know who wrote this but I'm assuming that you did Moses. There was an attachment and it was describing why you wanted the rezoning change. And just going back for history, you know, this originally was zoned. We started out with some smaller lots and some zoning in the unit six and seven were the larger lots that would allow families to have a little bit larger backyard or, I guess, to accommodate maybe even a larger hope. So you said something that I just want to ask you about because it's goes to doing what you said you were going to do. And that's a big motto in my home. Do what you say you're going to do. But you said, this is a quote, by adjusting these lot sizes, these homes become more attainable, and more families get to experience a dream of home ownership. There should be an opportunity to start off in a smaller home and eventually move up to a larger home. This allows the city of Portland to grow and generate a large tax base that benefits all. So my question is, is we gave you that opportunity to have smaller homes and eventually to move up to larger homes. And now you're coming back and saying that you want all of this now to be smaller homes. So how do you- Actually, so that comment really should have been updated. So originally seven years ago when I was a home builder, I built homes that were 40 wide up to 70 wide. I had multiple, multiple floor plants because it was customized. It was truly based on what somebody wanted, right? Currently what Lanar and DR are doing, are their homes or anywhere, Lanar's product line can be anywhere from a thousand square feet up to 1800 square feet in the watermelon. This is actually, but again, they build on a 35-foot print regardless of the size of the home. Their foundation doesn't breach over 35. Similar to DR, their foundation doesn't breach over 40 in the actual footprint. Now, the depths of these lots are actually 120. What we're doing is we're reducing the width of the lot. So, the homes have actually gotten larger in the Lanar product. They've actually the minimum home is 1634 up to 2378 and actually that could be larger if they do some of them three-side brick that would be closer to 2500 square feet. So that statement was prior to this negotiation with this particular builder as far as the product line. So ultimately you're getting the bigger homes in the future units, but still on a lot size that even the smaller homes fit on because they're building with this 35 wide as far as their layout. So nobody here, whether it's a smaller home or a bigger home, is going to have a bigger backyard. In theory, they're going to have more side yard in between the homes, but every home will still have the minimum five feet on each side, which means 10 feet from each neighbor, which is why even when MPM built homes, we had a different lot size throughout our communities, because if our footprint was so 40 wide, we put it on a 50 wide lot. I would never put a 40 wide home on a 65 foot wide lot. We would have multiple sizes. And ultimately, this brings more density, which the sewer system, the water system, the road system, especially with that boulevard that we put in throughout the middle of the neighborhood that supports all the type of traffic, which is additional 71 homes. Ultimately, we're trying to meet the needs of the builders that we're accommodating to, but now restricting them with this zoning change to a developer agreement, which could build the water mill product on a 65 foot wide lot, or they could go to four side siding, which is what DR actually has done in one of my developments in the Starlight community in Corpus. They've got a product line that now is four side siding, and ultimately we've expressed to them that that's not an option here in the city of Portland and they've agreed to, I mean, not bring that type of product line on any of these lots moving forward throughout their purchases. So again, it brings a certain level of clarity for the city and it still brings the bigger homes, the more valuable homes, the higher tax-based homes because they've built what I would say is their smaller homes already in units one at least as far as the Lanar products. So if Lanar so chooses to do stuff in unit six and seven, it's going to be the coastline product, which is the larger home, really the step up home, which is really in their product line, their fourth step up home. They don't have the smaller homes that they do in San Antonio because they do 600 square foot homes in other cities. So this is like their fourth tier home product line. I hope that answers the question. I've seen some of the homes in San Antonio and I've seen some of the subdivisions that Lennar has developed. And so here's just kind of explained I'm getting some kind of explaining, I'm getting some, kind of some, like, what's going on, looks in the audience, but just, so for those that may be questioning what we're doing, this is kind of a dilemma for us, because state law does not allow us to choose the builder and state law, we cannot say how the house will be developed or what type of materials can be used as long as it meets windstorm code. So it's very hard for us to plant a subdivision and not know what these homes are going to look like in the future. So what City of Portland has done to keep the aesthetics and the characteristic of our community, most developers that come into our community have agreed to a development service or development agreement where they will build these homes and accords with the standard that our community has asked us to do. Problem is, as you do the zoning, you give them the zoning, there's no guarantee that these development services or these development agreements will happen after the fact and this is kind of what's happened now where we had an agreement or a zoning and we had an agreement with this developer and the types of homes that are being now developed or on this zoning are not to the standard and we have all visited these homes and we have asked this developer to work with his builder and to rectifying this. So that's where we are with this and we're trying to and you're right you could come back and do 100% of the watermelon there's not a home that will last a long time in this community. It's not the quality that we're looking for in this community. And so we're looking for that product that will bring value to the families that are buying these properties long term. Mr. Wright, you want to make another comment? Thank you, Mayor. Just a moment, just. Just a motion just kind of clarification. So for the council's benefit, unit three on the map shows to be 91 lots, 90 of which will be water mill and that is what you have on your sheet. Unit eight, which originally during your original plans with thought might be a charter school or something like that. You intend to convert that at some point over to the same size lots and that would also be an additional 55 water mill. Now that's not a... I would say right now, again, depending on what happens today, unit three still has potential, depending on how they want to blend it. I would say the first three coming in and what ties into the yellow section would probably water mill so it has some continuity. But I believe their intent is to still do some of their coastline product in unit three as unit four is opening up unit eight right now we didn't want to be misleading in any way because again I've put a lot of investments in the city of Portland and I want to show good faith and we right now don't have a plat for that we still are working with our charter school that we've built seven schools for in San Antonio, Corpus and Houston. So we're not completely sure what's going to happen with that product in the front and that's why we've just identified it as land that we own as a single parcel and don't have any plotting on it currently. But I did put on paper that this is what it could be because of the current zoning, but not that that's what it's going to be. That clarifies. If in fact you did want to convert that to residential lots, would you be agreeable to including that in the development agreement that would limit that to something other than the watermelon? We definitely can work with the city on that, yes, sir. Because again, I haven't offered that product to anybody yet. Okay. That's what Wilson. Yeah. So we've got a packet that was handed to us with images of homes both from DR Horton and Lennar and the majority of them show masonry fronts, not maybe not 100% but very close on the front of the buildings. So we want to make sure that what we're being asked to do or what you're agreeing to do is basically beyond those sites that you've already committed to, I believe, D.R. Horton and those sections, those sections that we're proposing to become smaller lots, we could expect that we're being asked to approve a planned unit development request, which does allow us to control and agree to what's gonna be built. And so what I wanna hear is assurances that what's going to get built out there because I think most of these homes in this packet are significantly more attractive than some of those that we can expect to see out there. have a developer agreement in place for what we're doing as the RCC. So you're absolutely correct. What I would require from both of the builders or any future builder, if let's just say they don't buy the homes, right, and they don't build in the coastal bank community, is a minimum of one side front siding, which is very, or front side brick, which is very easy for the DR Horton and Lanar builders because they actually have names to their products. So for DR, I think it's called traditional for Lanar, it's going to be the coastline product. And ultimately what you see in front of you with the coastline product is 100% front masonry with no accents. I believe the DR product has an accent here there of some siding but that would be the expectation and that would be put on paper signed by us which then gives you the control before any building permit can be pulled and my contracts with them would mimic the same information and it gives me control to not allow them to do it either in my development. So that's what we've spent the last three months working with is some of those comments with other features again with taller ceilings and some more attractive interior features and making sure that both builders bring that level of quality to To the Portland area including covered patios and things of that nature. Okay. I mean one of the other things that is apparent from these From these renderings is that there's more detail on the facades of these buildings, which I think not only add to the variety in the neighborhoods, they add more architectural interest to the homes themselves because some of those lower end homes don't have much architectural detail or even variation in geometry. They tend to be a little bit as the term goes. Cracker box look. But more gate goals, larger windows, different front, might be the same floor plan interior, but different exterior looks. Yeah. And again, just like you said, variety, so maybe not everything looks very similar. And I mean, that's evident in well, just the square footage of the homes, but also on the price of the homes. I mean, their price range again from $2.45. And this is just a Lennard conversation here, but the 245 to 285 really jumps to 295 at a minimum to closer to that 375 range and potentially higher as the market gets stronger and the incentives minimized from these national builders. Yeah, from my perspective, what I'm particularly interested in is the nature and the character of the neighborhood. And I think that what I'm seeing here on the renderings will ultimately result in a significantly improved neighborhood over what we saw previously. Thank you. Thank you. Thank you. And we have those same concerns and I'm happy to hear that you know we're able to resolve some of those concerns for you. Oh, I'm getting tongue tied here trying to think. Let me relax a minute. All right. I appreciate the effort that you put into this from the standpoint of the exteriors and the quality of the look of the neighborhood. I agree with a lot of what Bill, my Councilman Wilson said. However, my concerns are similar to Councilman Moore's and that seven years ago we talked about the need for our seven and our six lots as well. And the concerns there are one is I still think that there is a need for them in the city and I do think that there is a desire for them in the city as well. The larger lots. My concern is primarily, you know, and add another 71 lots to this is the density of the area. And you drive through some of the R8 neighborhoods in town right now. And the amount of one cars and driveways as we have growing families and things like that, the cars on the streets, and access for our emergency vehicles, in and out of those neighborhoods as well as people living in those neighborhoods and Being able to get in and out of them. We're creating more density now however The look is going to be better, but we're creating more density and those neighborhoods as well and that is concerning to me One thing I'd like Sorry, go ahead No, I completely hear your concerns and I'd love to express some of those concerns. Not a lot of neighborhoods that you see in the city of Portland and you can use the neighborhood that's just right beside me for example, Azalea states where they do have the 6,000 square foot lots. You're talking about a two lane road. Our lane is still a two lane road with bicycle lanes, but it's a 54 foot wide thoroughfare. It kind of divides the property. It's 133 acres to really about 60 acres on one side and 73 acres on the other side. And if you see a lot of our traffic funnels out into that road 60 acres on one side and 73 acres on the other side. And if you see a lot of our traffic funnels out into that road, we don't have long just roads that lead to nowhere, all of it kind of comes in and out through multiple directions onto the thoroughfare. The road sizes, I mean, if you drive through this community and we had some examples of it that we shared with Sarah and Randy and Brian of where we've gone in these communities at six o'clock at night when everybody's at home you might see one or two vehicles on the side you see most of the people using their driveways as they should. We haven't seen any congestion in units one and two currently, but I do understand your concern of 71 additional lots, but it doesn't put any strain on the infrastructure as far as the utilities, and really on the road because of the connectivity that we brought to the city with redoing the actual main arterial flurkey coming into the neighborhood and exiting on the backside of the neighborhood. We've actually, what I think this neighborhood in general has done regardless of the zoning, has brought a nice thoroughfare corridor to connect the city from one portion of the city to the other portion of the city without having to use necessarily a 20-foot county road that ultimately is really around 18 feet because the sides have fallen off. So all our roads are 32-foot roads we've got hiking bike lanes and we actually have a turning lane into each of these streets. So you've got unit one two unit one and two. I mean you can see off the thoroughfare and even units three that are opening up in units five and then units four and then ultimately another thoroughfare, I can't read the street name by zooming in right between the purple and the green, which is a 40-foot road. So the connectivity for the area and emergency vehicles is really unique because we've got no cold of sacks, really no dead end roads. And that doesn't usually happen in larger communities. At some point you've got a kind of dead end. And ultimately we did do that in units three and five, where the purple and the blue is, because we didn't want to put traffic back onto that old county road. We prefer those 30 houses on each one of those streets to funnel back onto the thoroughfare and do it's really it's job and really what we invested into. But there's really no normal street as I call it your 32 foot back to back road that has more than 35 homes that then doesn't fall back on to the thoroughfare and the thoroughfare itself is basically the new gateway from one portion of Portland to the other portion and really is going to alleviate even some traffic on Lang Road headed to well cat drive so While I hear your concerns, 71 homes isn't going to put a brink on the police department or the fire department. If anything, it's going to give you that ad ballorum tax that ultimately will help your future budgets and ultimately help your water rates and your storm rates that you just approved a minute ago without putting any heartburn on the city and to kind of go back to the notion of R6 and R7, really that goes back to a custom builder like Sun George or K&M or Azali or Fox where they've got footprints that aren't necessarily standardized, like the national builders have. And the reason we're asking for the rezoning is really more for the footprint, but also for the density, because it allows me to pay for this infrastructure, and you can ask staff, I think I'm one of the only people that's had to put in a boulevard of that type of magnitude primarily at my own cost in my own neighborhood because your transportation plan indicated that boulevard being there. And we've done that in units one, three, and five, really hoping that eventually we can recoup those costs in units four, five, six, seven, and eight. We wanted that connectivity for the community and for fire, police, and really for the homeowners. Day one, and we invested in that day one, where most developers would, what I call dodge those type of streets until the end. I'm just, I'm still concerned with it as a result of you know seven years ago you were going to be that custom builder that was going to build those R6 and R7s and we graduated to where we are, where we are today in the homes that were built and here we are where we are today in the homes that we're built. And here we are trying to talk another basically deal to to rezone this. And I just I don't I'm not feeling good. I don't want to be back here again. And I completely agree with you. And anyway, I can apologize for not building homes, but I hope you all understand that I haven't done that for over two years now. And that's really why I'm putting those assurances in through the developer agreement to make sure that the city gets no more curveballs. While this might not be the plan from seven years ago, I believe I'm going through every option I can to fulfill a promise that I made to the city and really to all of y'all on council because it's still the same group. And again, I wish I was still building homes, but I'm not for various reasons, but I'm doing my best to be able to still fulfill that level of product by the larger homes, the quality, the style, and still have a multi-verse neighborhood where if you drove through it, you might not go, well, it might not be custom, but it might not be some of the adjectives used in the last council meeting. So that's really my assurances that developer agreement. It gives you control where really none of us have control today based on the state laws and things. I mean, we have control over the zoning, but really not the product. And this is what gets you the product and really gets you a R6, R7 product but maybe on what you would call an R8 lot. But even as a home builder I would have put an R6, R7 product on a 50 foot wide lot because again it would have been based on the layout, not necessarily the lot size. But I believe we're trying to check all the boxes and alleviate some of that concern for you, especially with the developer agreement and knowing the city of Portland and dealing with the developer agreement I have now. It's very detailed and we're willing to write those assurances in there to get those, you know, boxes checked to where I don't come back for anything in this particular neighborhood. And just to point out, you know, I've gone through this process to really commit to the City of Portland and show that I wasn't trying to be, you know, deceitful seven years ago. The world changed, the market changed. COVID happened. A lot of different things happened. But we still have a lot of investments in the city of Portland and wanna be a good business partner to the city of Portland and working with other builders, our local community builders, even for future phases outside the David Estates, where we have 300 acres still in the city of Portland. So definitely don't want to come back and change anything and that's why I'm willing to agree to this and really spent the three months to try to alleviate and answer all your questions and check all the boxes off. And again, as far as utilities and public road sizes for police and fire, none of those will be issues in this community based on an additional 71 lots because they're not all on one street. They're between all those streets in the yellow, I mean, between the purple and the green, which ultimately funnel onto that arterial road, flurkey. So again, we're not just building one long boulevard and adding all the density on one road. Each one of those roads pretty much got three or four additional lots added to it, which doesn't bring a lot of density to what we've done in the big scheme of things. I guess I would ask staff and maybe our police and fire department on the density side of things. And, you know, in our eight lots, I'm still picturing these houses sitting on top of each other and in cars after cars and the roads and things of that nature. And the entrance and exit is basically to this neighborhood is on one main road. Are weeks headed in a direction maybe that were similar to where Bay Ridge where we're having some development that is going to limit our entrance and exits where we're going to be looking at this in the future, saying I wish I could or I would have. I could let the chief or the lieutenant comment on this, but I will tell you that when we won Bayridge was first built, the street widths were more narrow. So we've amended that now, so the streets are wider than they were at that time. So that would alleviate some of the problems that we see up in Bayridge. I mean, I'm driven and the streets are wide. I don't have any concerns with that. But I do, I, I, I, Moses, we need to go back and just bottom line this right now on the percentage. Can we go through each unit? Unit seven, you're presenting, you are recommending a development agreement of 100% of the new, of the new, yes. Okay, you know, six the same. Or, okay, start with, so three is what? Are any inconsistent? Three is currently already opening builders, submitting for permits. I don't have any control on unit three. Okay. Unit five, if the builder is gonna be building, pulling permits, but they've committed to doing still what they did in unit two. Unit four, which is brick, it's the DR product, which has the brick. You might wait as Moses stopped. Let's go unit by unit real quick. Okay. Okay, okay. So unit, let's see, I unit real quick. Okay. Okay. So, so unit unit. Let's see I've got to get on my color straight here. Purple is unit three. Okay. Purple is unit three and that is. I'm sorry pink pink and on your screen. Okay and that is Lenard. That is Lenard. Okay, and they're already in construction, so that's gonna be how much watermelon, how much barrington? I don't have an exact, but it'll be watermelon coastline. Watermelon. And I'm assuming it's gonna be a mixture of the two. And I think you said at some point in your thing that they've committed to 50% of coastline. I think you said that tonight. They've committed what I mentioned was what I believe they're going to do is the initial pink that ties into the yellow will be their water mill and their coastline will be what backs up to the blue on that particular lot orientation. Okay. All right. So then going into four then, that's DR Horton. No, unit four, being very honest with you units, if we could do unit five, that would be easier for everybody. Okay. So unit five is the blue, which is also a product that opens up in two weeks. That is DR Horton. And they'll be doing similar to what they did in unit two. Okay. And then unit six, seven. So units four is under construction today. And I'm committing that as a hundred percent as a part of this. Even though I'm not coming back and asking for 45 foot wide lots, those are already R850s. I'm committing to 100 percent whether it's DR or Lanar that they commit to coastline or what DR is doing today in unit two. Okay. And the same thing will happen for the purple and the green, which is unit six and seven. Okay. Well, I think you've certainly have in my mind worked very hard and listened to what the city has said. This is, you know, I don't think anybody is going to get 100% of what we want out. You know, you're not going to get 100%. We're not going to get 100%. And this is, I mean, you certainly have, you know, made a commitment to invest in Portland. And I'm inclined to support your decision or this this movie forward knowing that we're going to come back with the development agreement and doing what you said you're going to do and your reputation in this community is at stake and I hope you understand that. That's why I've gone to the extent that I have before the developer agreement I've gone to the extent that I have before the developer agreement. I've known my reputations on the stake and really that's my thing. I don't want to be that person that tells you I was going to do something and not do it. And that's why we've had multiple conversations with these groups and they've come to the realization that if they want to build in the city of Portland, this is the expectation that I have because it's the expectation you'll have and it's the best of what I've promised you all seven eight years ago. So I appreciate that. Councilman Albrecht. Thank you. I just kind of wanted to run through a couple of numbers here because I think our I wasn't here seven years ago, but walking through that neighborhood, my big concern, I won't use the word quality because it was a buzz word from last time, but the standard with the watermelon homes wasn't there. In long term, we had a lot of concerns around that product. Looking at the two sheets, I think we went from a century 50, 50, 46% of the development proposed being water mill to now finished out. It would be less than 25% water mill as counting the existing homes. So I think that's definitely direction and goodness what we're looking for personally. I am a fan of the larger lot sizes, but sometimes I think I kind of have my head in the sand there because you see a lot of currents around the nation towards people reducing those lot sizes. And personally, I think it comes down to two things. People, we have an affordability problem and you do hear that in the community and across the nation. And I think people are more willing to sacrifice their yard, whether it be their side yard or their backyard, than the quality of the homes. And to me, thinking back on it, what we were really alarming is we were essentially sacrificing both with the, what we felt we were, with the water mill construction. So this coastline collection, this is the first I've seen a picture of it because I don't think it's even on the Mars website yet, but satisfies those concerns to me. And like Bill said, you know, adds a lot of detail and differentiates the neighborhood versus the water mill homes, frankly, reminded me of where I grew up and town I grew up and was built in six months and there were four types of homes. And you knew every single floor pan by looking at the front of the house. So that's definitely the direction we wanted to go. One thing, Bill touched on and then just looking at the development agreement. I think it's specific to DR and Lamar. And kind of as you said, when we wrote this seven years ago, the world has changed and you're no longer the builder. I guess I would want to know if we can add at least a bullet point regarding that 100% front masonry for any other builders. If we were to have somebody else come in there. So we don't get to, you know, who knows maybe somebody comes up with a 30-foot wide house and we want to shrink this by five feet again. So I would like to add that. Was that something you would be agreeable to? Yeah, that's what I had mentioned. Ultimately, the developer agreement is very easy to identify with the Lanar or DR product because they have names for their homes. But in that developer agreement, the assurance that the front facade would be brick to begin with with any builder, just if those aren't the builders, which we anticipate that they are, I would love to put in there because it really is what we're we're not going to be breaking any promises. Whether it's this builder, that builder, and again, I don't I don't have the lots under contract because don't want to put the cart before the horse. We need to get the zoning first. Then I go back and you know, ultimately tell them, hey, I've got the course. We need to get the zoning first. Then I go back and, you know, ultimately tell them, hey, I've got the zoning. Here's the requirements that we've been talking about. Here's the language that we'll be working with. And here's the language that I'll be putting in with the developer agreement, which ultimately will translate into the language I put in to my contracts with the builders themselves. All right, thank you. That's how it's my concerns. Mayor, just a couple of comments. Kind of really housekeeping, but just so the council that I'm sure you understand this, the development agreement is point the city and the developer, not the builder. So if a builder submits plans for a home that meets all the minimum standards, as you point out there, the city can't reject that. Our own a recourse is to go back through the developer. And that's kind of what a development agreement is about. But I want to make sure that you understand that we can't directly interface with the builder and require them to do certain things. It's all the developer that's got to make this happen. Second of all, just in terms of the ordinance itself, if this ordinance passes first reading tonight, then we would want to push this back till the first meeting where we have a full quorum rather than a super majority. And that will give us time also to make sure that we had the proper amendments to the development agreement for second reading. That's a legal question. Can we hold on the second reading to the and how the development reading first before the second reading of the rezoning. I don't think there's any. I think that's possible. Yeah. Or the same night, but we can do the same night, but we may have to, I don't know if the development agreement would be ready before the October 1st meeting. Well, it would have to be because the development, the second reading, would really be contingent upon the development agreement. Well, I'm saying what could we do it as early as October 1st or would we have the way to know to, I mean, it might take you some time to negotiate the development agreement. No? Yeah, ready to go. I don't think so because we've talked about it. The terms that we would put in the development agreement would be based on the ordinance conditions that you so choose to apply. Which will you get a good read you potentially could have a good indication of what those are tonight. Yes, ma'am. So could we be as vague as saying on the motion to approve the first reading of the ordinance to the United States with modifications and not say what those modifications are and then let staff deal with the conversations that we've had here in the concerns that Council's voiced. I don't believe so, but. Go ahead, sir. I was just going to mention we have presented a draft ordinance in your packet based on what the developer has presented. So we do have some conditions in there as to which these what we're calling minimum housing standards would apply to. If you have any other conditions that you deem appropriate that you might want to add to the ordinance that that might be more appropriate to do so. So for example, we've added the minimum housing standards shall apply to 100% of the homes in units 4, 5, 6, and 7, because that's what's been presented to us by the developer as part of the ordinance. And we went ahead and outlined as the developer mentioned the types of homes in those collections. We can amend it to also include Councilman Aubrix, bullet point for 100% masonry on the front of the homes. If you choose to add that modification as well. Are we? The split hairs here. So we could we not approve the reading of the first reading of 2296 with no modifications and staff could still come back with some suggestions. Do you want to do that? Yes, of course. Yeah, we could do that. And we're just talking one of the things we'd also want to do is extend the putt boundaries to include the entire subdivision, which would be units three and four as well. Okay. I don't want to, I just want to give some flexibility to work out the details with the developer. How was that okay? Okay. Mayor Ad, I would make the motion to approve the first reading of ordinance number 2296. Second. The motion made by Councilman Wilson, seconded by Councilman Albrecht to approve the first reading ordinance 2296. Is there any discussion on this motion? Hearing now, we'll begin the vote with Councilman Moore. Against. Four. Against. Four. Four. Motion is approved. We will have the second reading on October 1st. I believe it's the next council meeting. Regular council meeting. No earlier than October 1st. Okay. Thank you. Okay. So let me make that. Shall we get one, two, three, four to two. OK. All right. Most of you're still with us. Careful out there. And we'll see you when we get back and save travels home. Thank you. I now get to walk in the mall and go college shopping. So thank you all. Appreciate it. And you'll have a great night. All right. Thank you. Bye bye. Item number 17. All right. Worth page. City Council will consider approving the purchase of a mere VAT trun hydro excavator in the not-to-it-seed amount of $70,999.99 Factor banks. We really fought for that extra penny by the way. Good evening, Marin Council. The item before you denied is the purchase of a hydro excavator. It's predominantly going to be used for the public works department, but these are very flexible machines that can be used for a variety of different things. Essentially, a hydro excavator is a machine that uses high pressure water and a very strong vacuum to be able to excavate soil in a variety of different ways. It's very safe and efficient. It's very precise and is able to get into areas where protecting critical infrastructure is crucial no matter what the situation is, a high-direx excavator is typically going to be your best bet. It will be used by public works in general services to perform digging around this sensitive infrastructure. There's a lot of ancillary tasks that we can do. We set around and thought about things that we'd done before with these types of instruments. So cleaning valve stacks, we call that we have a valve exercising and replacement program that's coming up for the water system and the upcoming budgets. So we think this will be a very useful piece of equipment. Digging in proximity to building, removing waters from vaults, pothole repair, mud clean up on streets, landscaping projects. You can actually use these for planting and washing soil off a tree roots that have been removed and things of that nature. A big one for us is sign installations. It will allow us to be much more precise. We're encountering a lot of challenges with fiber optic, for example, and being able to work around that infrastructure in a very precise way would help us. This could also be used for very precise and small footprint trenching. The cost for this proposed hydro excavation machine is $70,999.99. We were able to find one on the by-board contract that's mentioned. And we feel we got very lucky in the sense that this machine can be delivered to us as soon as it is purchased. If we go out on the open market, typical lead times are about five to seven months for new purchases of this type of equipment. Give a quick picture of what one of these looks like. It has onboard water tanks of vacuum system. This particular one also has a filtration system on it that will allow us to recycle the water so we can be very efficient in being able to fill it, move it to the side and use it for various purposes. This is in the upcoming budget and all budget scenarios. We have looked on other cooperative purchases for similar machines. These are a little bit difficult to compare across the board because they have a lot of different options on each one. This was the least expensive one that we were able to find of the four that we took a look at. And it also is one that is available for delivery. So our recommended action is to approve the purchase of the proposed hydro excavator and authorizing the city manager to execute on necessary contracts. And I'd be happy to answer any questions. More of a comment than anything. When you're talking about earth moving or discovery work in general, hydro excavation is the preferred. We do a lot of industrial wide. You know, you, like I said, you could be precise and believe it or not, this is more general than a sharp shooter or a shovel. So you minimize impacts to, I know what I can think our drawings are 100% accurate, but there's always something wrong you run across. And so definitely is preferred because you minimize other issues that can come out. Right. All in hand motion. Motion to approve the purchase of the proposed Vermeer of the back drawn LP 573, XDT, Hydroxpribator, the amount of $70,099.99, authorizing the city manager to execute all necessary contract documents. Okay. Motion made by Councilman Seconded by Councilman not to exceed a amount of $70,999.99 is there any discussion on this motion? Here I know we'll begin the vote with Councillor Albrecht. 4. 4. 4. 4. 4. 4. Motion is approved. Item number 18, ordinance number 2299 revising solid waste service fees. Service rates. The City Council will consider the second final reading of ordinance number 2299 that revises solid waste service rates. Ms. Martin. Thank you, Mayor. This is the second and final reading of ordinance 2298 that revises our solid waste service rates. Since the first reading on September 5th there has been a correction the ordinance number was corrected from 2298 to 2299. I have to change the ordinance number. I motion to approve the second reading of ordinance number 2299 that revises all the way service rates. Second. I have some motion made by Councilman Moore seconded by Councilman Bethel to approve the second final reading of ordinance number 2299. Is there any discussion on this motion? Eric Noe will begin the vote with Councilman Bethel. Four. Four. Four. Four. Four. Four. Four. Four. Ms. Hall, please read the caption. Thank you. Inordinates, revising rates for the provision of solid waste service, providing for the repeal of ordinances in conflict here with, providing a severability clause and providing for an effective date and publication. Okay, thank you very much. Okay, the next item is an executive session. effective date and publication. Thank you very much. The next item is an executive session. City Council will conduct an executive session according to government code is authorized in the Texas government code sections 551.071. Consultation with attorney 551.072, deliberation regarding real property 551.073, deliberation regarding perspective gift 551.073 Deliberation regarding perspective gift 551.074 personnel matters 551.076 Deliberation regarding security devices and 551.087 Deliberation regarding economic development negotiation is 9.15 p.m We're going to recess our city council meeting and go into executive sessions. Mr. Wright, I do not anticipate any action as a result of our executive session. So we will be going off the TV, but we will be closing out our City Council meeting at the end of the executive session. Good night, everyone.