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ALL RIGHT. WE'LL GO AHEAD AND CALL THIS MEETING OF THE ANGLETON CITY COUNCIL TO ORDER.

[DECLARATION OF A QUORUM AND CALL TO ORDER]

[00:00:06]

IT IS 6 P.M..

WE DO HAVE A QUORUM PRESENT.

I WANT TO THANK EVERYONE IN ATTENDANCE.

AND THANK YOU FOR ANYONE WHO'S LISTENING ONLINE.

AND WE'LL GO AHEAD AND GET STARTED.

IF YOU PLEASE REMAIN, STAND UP AND REMAIN STANDING FOR THE INVOCATION OR THE PLEDGE AND THE INVOCATION.

THANK YOU. I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS.

ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.

GO WITH THE GLORY. OF GOD, WE THANK YOU AGAIN THAT YOU LOVE US AS MUCH AS YOU DO.

YOU THANK YOU FOR THE GIFT OF LIFE THAT YOU'VE GIVEN US.

WE, FATHER, WE THANK YOU THAT WE HAVE AN OPPORTUNITY HERE TONIGHT TO TO SERVE YOU AND SERVE OUR FELLOW MAN.

HELP US, LORD, TO DELIBERATE IN ACCORDANCE WITH YOUR WILL.

FATHER, GIVE US YOUR WISDOM AND HELP US TO HEAR THE WANTS AND DESIRES OF YOUR CITIZENS OF THIS CITY.

HELP US TO SERVE YOU IN A WAY THAT WOULD BE PLEASING TO YOU.

I THANK YOU FOR ALL THE PEOPLE WHO WORK FOR THIS CITY, FOR OUR EMERGENCY STAFFS AND ALL THAT.

YOU KEEP THEM ALL SAFE AND THANK YOU FOR THEIR CONTINUED SERVICE TO THIS CITY.

WE THANK YOU AGAIN IN CHRIST'S NAME, AMEN.

ALL RIGHT. WE WILL GO ON TO CEREMONIAL PRESENTATIONS.

[1. Presentation of the Fair Housing Proclamation.]

ITEM NUMBER ONE, PRESENTATION OF THE FAIR HOUSING PROCLAMATION COUNCIL.

DO YOU WANT TO GO UP FRONT? WE'LL DO THIS REAL QUICK. WE HAVE TWO OF THEM.

THERE'S NOBODY HERE FOR THAT.

BUT THERE IS FOR THE SECOND ONE.

RIGHT? YES. OKAY.

GILLIAN.

ALL RIGHT, NOBODY HERE TO SEE THIS ONE.

BUT WE'RE GOING AHEAD AND READ IT IN THE OFFICE OF THE MAYOR OF THE CITY OF ANGLETON, TEXAS PROCLAMATION.

WHEREAS THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HAS INITIATED THE SPONSORSHIP OF ACTIVITIES DURING THE MONTH OF APRIL OF EACH YEAR, DESIGNED TO REINFORCE THE DEPARTMENT'S COMMITMENT TO THE CONCEPT OF FAIR HOUSING AND EQUAL OPPORTUNITY.

AND WHEREAS, THE CITY OF ANGLETON A FIRMLY SUPPORTS THE EFFORTS OF THE FEDERAL GOVERNMENT AND THE STATE OF TEXAS TO ASSURE EQUAL ACCESS TO ALL AMERICANS TO RENTAL HOUSING AND HOMEOWNERSHIP OPPORTUNITIES.

AND WHEREAS, THE CITY OF ANGLETON WELCOMES THIS OPPORTUNITY TO REAFFIRM ITS COMMITMENT TO PROVIDE EQUAL ACCESS TO HOUSING TO ALL OF ITS RESIDENTS WITHOUT REGARD TO RACE, COLOR, RELIGION, SEX, INCLUDING GENDER IDENTITY AND SEXUAL ORIENTATION, DISABILITY, FAMILIAL STATUS, NATIONAL ORIGIN OF SOURCE OF INCOME. AND WHEREAS, THE CITY OF ANGLETON AFFIRMATIVELY SUPPORTS PROGRAMS THAT WILL EDUCATE THE PUBLIC CONCERNING THEIR RIGHTS TO EQUAL HOUSING OPPORTUNITIES AND TO PARTICIPATE IN EFFORTS WITH THOSE OTHER ORGANIZATIONS TO ASSURE EVERY PERSON THEIR RIGHT TO FAIR HOUSING.

AND WHEREAS THE CITY IS HONORED TO JOIN THE FEDERAL GOVERNMENT, THE STATE OF TEXAS, AND THE LOCAL JURISDICTIONS ACROSS THE UNITED STATES, AND IN CELEBRATING THE RICH DIVERSITY OF OUR PEOPLE AND THE RIGHT OF ALL CITIZENS TO LIVE WHERE THEY CHOOSE WITHOUT FEAR OF DISCRIMINATION.

NOW, THEREFORE, BE IT RESOLVED, THE CITY OF ANGLETON DOES HEREBY PROCLAIM APRIL AS THE MONTH TO CELEBRATE AND HONOR ALL EFFORTS WHICH GUARANTEE THE RIGHT TO LIVE FREE OF DISCRIMINATORY HOUSING PRACTICES AND PROCLAIM THE MONTH OF APRIL AS FAIR HOUSING MONTH, AND URGE ALL LOCAL OFFICIALS AND PUBLIC AND PRIVATE ORGANIZATIONS TO JOIN ACTIVITIES DESIGNED TO FURTHER FAIR HOUSING ACT OBJECTIVES.

PROCLAIM THIS 26TH DAY OF MARCH 2024, SIGNED BY MILLIONS IN THE CITY OF ANGLETON.

ITEM NUMBER TWO PRESENTATION OF ELI FRANKUM DAY PROCLAMATION TO COME FORWARD.

[2. Presentation of Eli Frankum Day Proclamation.]

AND THE OFFICE OF THE MAYOR OF CITY OF ANGLETON TEXAS PROCLAMATION.

WHEREAS ELI FRANKUM HAS SUCCESSFULLY COMPLETED THE ENTIRE REQUIREMENTS FOR GOLD MEDAL OF ACHIEVEMENT, WHICH IS THE HIGHEST AWARD AVAILABLE TO BOYS IN THE ROYAL RANGERS PROGRAM AND CAN ONLY BE ACHIEVED AFTER MANY YEARS OF CONTINUOUS EFFORT IN THE ROYAL RANGERS, AND WHEREAS EARNING THIS ESTEEMED RECOGNITION HAS DISPLAYED UNWAVERING DETERMINATION, PERSEVERANCE, INTEGRITY AND LEADERSHIP AND IS A TESTAMENT TO HIS EXCEPTIONAL EFFORTS AND DEDICATION.

[00:05:03]

WHEREAS PARTICIPATION IN THE WORLD RANGER PROGRAM HAS PROVIDED VALUABLE TEACHINGS AND THE ABILITY TO LEAD WITH A CHRIST LIKE MIND AND A HEART THAT WILL UNDOUBTEDLY HAVE A POSITIVE IMPACT ON HIS FAMILY, FRIENDS, AND COMMUNITY.

AND WHEREAS THE CITY OF ANGLETON RECOGNIZES THE REMARKABLE ACCOMPLISHMENT OF ELI FRANKHAM AND HIS EXCEPTIONAL DEDICATION AND COMMITMENT TO EXCELLENCE AND SERVICE.

NOW, THEREFORE, I, JOHN WRIGHT, MAYOR OF CITY OF ANGLETON, TEXAS, ALONG WITH THE CITY OF ARLINGTON CITY COUNCIL, DO HEREBY PROCLAIM THAT MARCH 26TH, 2024, IS RECOGNIZED AS ELI FRANKLIN DAY FOR THIS 26TH DAY OF MARCH, 2024.

CONGRATULATIONS.

GOOD.

CONGRATULATIONS. CONGRATULATIONS.

YOU DON'T WANT TO SAY ANYTHING. COUNCIL WE CAN GO BACK TO OUR SEATS.

ALL RIGHT. WE'RE GOING TO MOVE ON TO CONSENT AGENDA ITEM NUMBER THREE DISCUSSION OF POSSIBLE ACTION TO APPROVE THE CITY COUNCIL MINUTES OF FEBRUARY 13TH, 2023.

[CONSENT AGENDA]

SPECIAL MEETING AUGUST 22ND, 2023.

SPECIAL MEETING DECEMBER 12TH, 2023 JANUARY 9TH AND 2020 THIRD OF 2024.

ITEM NUMBER FOUR DISCUSSION OF POSSIBLE ACTION TO APPROVE RESOLUTION NUMBER 20240326-004.

SUSPENDING THE EFFECTIVE DATE FOR 90 DAYS IN CONNECTION WITH THE RATE INCREASE FILING MADE ON OR ABOUT MARCH 6TH, 2024 BY CENTERPOINT ENERGY HOUSTON ELECTRIC LLC, AUTHORIZING THE CITY'S CONTINUED PARTICIPATION IN THE COALITION OF CITIES KNOWN AS THE TEXAS COAST UTILITIES COALITION OF CITIES.

COUNCIL. I'D LIKE THE ONE CHANGE ON THE MINUTES.

CAN YOU REMOVE MARK GONGORA FROM JANUARY AND DECEMBER MEETINGS? THANK YOU. ALL RIGHT.

I'LL MAKE A MOTION TO APPROVE THE CONSENT AGENDA.

OKAY. SECOND, I HAVE A MOTION BY COUNCILMAN ROBERTS.

SECOND, BY COUNCILMAN SARTON TO APPROVE THE CONSENT AGENDA.

AND CALL FOR THE VOTE. ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE.

AYE. ALL THOSE OPPOSED? SAME SIGN. MOTION CARRIES.

NOW, ON THE PUBLIC HEARINGS AND ACTION ITEMS, ITEM NUMBER FIVE.

[5. Conduct a public hearing, discussion, and take possible action on a request for approval of Ordinance No. 20240326-005 modifying an existing Specific Use Permit within a Single-family Residential 7.2 District (SF-7.2) to allow for the installation of a proposed eighteen (18') foot tall acoustic fence to reduce noise, located at Gambit Energy Storage Park, 319 Murray Ranch Rd., Angleton, Brazoria County, Texas.]

CONDUCT A PUBLIC HEARING DISCUSSION AND TAKE POSSIBLE ACTION ON A REQUEST FOR APPROVAL OF ORDINANCE NUMBER 20240326-005 MODIFYING EXISTING SPECIAL USE PERMIT WITHIN A SINGLE FAMILY RESIDENTIAL 7.2 DISTRICT TO ALLOW FOR THE INSTALLATION OF A PROPOSED 18 FOOT TALL ACOUSTIC FENCE TO REDUCE NOISE.

LOCATED AT THE AMBIT ENERGY STORAGE PARK, 319 MURRAY RANCH ROAD, ANGLETON, TEXAS AND BRAZORIA COUNTY.

GO AHEAD EAGLES. GOOD EVENING, MAYOR AND COUNCIL.

THIS HAS STATED IT'S AN SCP MODIFICATION, AND I AM JUST GOING TO SUMMARIZE THIS PARTICULAR PROPOSAL IN TERMS OF THE RECOMMENDATION FROM THE PLANNING COMMISSION, WHO HEARD THIS ON FIRST THURSDAY OF THIS MONTH AND IS RECOMMENDING APPROVAL WITH CONDITIONS.

THE APPLICANT, AS YOU STATED, ARE REQUESTING A MODIFICATION OF AN ORDINANCE APPROVED IN 2020 REGARDING THE GAMBIT ENERGY STORAGE.

PARK, WHICH IS ALSO KNOWN AS THE TESLA BATTERY PARK, LOCATED AT 319 MURRAY RANCH ROAD HERE IN THE CITY LIMITS.

IT IS APPROVED AS A SCP APPROVAL WITH CONDITIONS.

IN THE 2020 ORDINANCE, WHICH IS A CATCH.

WE'VE ALSO COPIED YOU THE RECORD OF PROCEEDINGS FROM THE PLANNING COMMISSION, WHO HELD PRETTY LENGTHY DISCUSSION WITH INPUT FROM THE NEIGHBORS FOR THIS PARTICULAR PROPOSAL. THE APPLICANTS WILL COME BEFORE YOU IN GREATER DETAIL IN TERMS OF WHAT THEY'RE ASKING.

THE MODIFICATION IS AN 18 FOOT TALL ACOUSTIC WALL.

AND THEN WITH THAT WALL THERE OF COURSE, ADDRESSING SOME OF THE NOISE COMPLAINTS THAT YOU MAY BE AWARE THAT OCCURRED DURING THE HIGH TEMPERATURES DURING THE SEASONAL SUMMER MONTHS. SO I WON'T GET INTO THOSE GREAT DETAILS.

BUT HOWEVER, AS STATED, THE WALL WOULD BE 18FT IN HEIGHT, WHICH WILL CANVAS THE USE FROM TWO DIRECTIONS.

AND THEY WILL GIVE YOU GREAT DETAIL FROM THE SOUND EXPERT WHO IS HERE WITH THE APPLICANT TO BASICALLY EXPLAIN THE

[00:10:09]

CONDITIONS D AND F OF THAT ORIGINAL ORDINANCE.

OF COURSE, D WILL DEAL WITH THE HEIGHT OF THE STRUCTURE, WHICH WOULD EXCEED THE TYPICAL ALLOWANCE FOR THE DISTRICT.

THERE WERE SOME SPECIFICS ON THAT.

BUT THE WALL FENCE POSTED WALL WOULD BE 18FT IN HEIGHT.

CONDITION F DEALS WITH WHEN THIS WOULD APPLY, AND THEY WOULD GIVE YOU GREAT DETAILS ON THAT.

THEY, OF COURSE PROPOSE A CHANGE TO THAT PARTICULAR CONDITION.

HOWEVER, THE PLANNING COMMISSION COULD INPUT UP THE NEIGHBORS, HAS FILTERED IT DOWN.

TO ADDRESS ISSUES WHERE THERE IS AN EMERGENCY AS DEFINED BY DURING THOSE EXTREME.

WEATHER TEMPERATURES.

AND I DO APOLOGIZE IF YOU COULDN'T HEAR ME.

BUT HOWEVER, FOR THE PURPOSES OF THAT, THEY WILL DEFINE WHAT THAT EMERGENCY STATUS WILL ENTAIL.

WE WILL SAY THAT EVERYONE WITHIN 200FT HAVE BEEN NOTIFIED AS PART OF THE SCP PROCESS, AS WELL AS THE I WAS DULY PUBLISHED IN THE NEWSPAPER, SO I WILL BASICALLY END THERE.

THE PLANNING COMMISSION APPROVED IT 4 TO 0 WITH THE TWO CONDITIONS WHICH ARE LISTED IN THE STAFF.

I'M SORRY, IN THE ORDINANCE.

SO WE ARE RECOMMENDING THAT BEFORE YOU FOR CONSIDERATION WITH FINAL LEGAL APPROVAL OF THE ORDINANCE, WHICH MAY BE SOME TEXTUAL CHANGES IN SOME OF THE CONDITIONS, WE DID PICK UP A FEW TYPOS, BUT THOSE WILL BE CLARIFIED IN TERMS OF THE HEIGHT OF THE FENCE.

AND THEN ONCE WE GET THROUGH THE PUBLIC HEARING PROCESS, WE'LL IRON OUT CONDITION F, WHICH DEALS WITH THAT EMERGENCY DEFINITION. SO I'LL END THERE AND THEN PROCEED AS YOU SEE FIT FOR THE PUBLIC HEARING.

AND THEN WE'LL COME BACK AND ANSWER ANY QUESTIONS THAT YOU HAVE, OKAY.

THERE ARE NO OVERHEAD SPEAKERS.

WE CAN'T WE CAN'T HEAR.

SO THE MICROPHONES.

CHECK MATE. CHECK, MATE.

IT'S NOT WORKING.

NO. IT'S HAPPENING IN YOUR TOWN HALL.

THANK YOU FOR LETTING US KNOW.

STILL NOT WORKING? MUST NOT HAVE DURACELL'S.

THAT'S A LITTLE BETTER.

CHECK, CHECK. CHECK.

MIC. THAT'S BETTER, I THINK.

ALL RIGHT. OTIS, YOU WANT THEM TO COME UP AND TALK ABOUT THE PROJECT FIRST? OR WOULD YOU LIKE US TO GO AHEAD AND OPEN THE PUBLIC? THE APPLICANT DID A PRESENTATION.

YOU HAVE A COPY OF IT.

AND I EXPLAINED TO HIM IF HE WOULD JUST REITERATE ANY CHANGES TO THAT, BECAUSE YOU HAVE SEEN IT.

I THINK AS A PART OF THE ALL OF THE ATTACHMENTS.

OKAY. JUST KNOW IF HE WANTS TO.

KAUFMAN IS AVAILABLE.

YES. OKAY. GO AHEAD.

I GIVE YOU FIRST DIBS TO GO AHEAD AND AND SPEAK ON ON THE ITEM.

THANK YOU. AND THEN WE'LL. THANK YOU. MAYOR.

COUNCIL. I'M BILL KAUFMAN HERE REPRESENTING GAMBIT.

AND I THINK WE DO HAVE THE OLD POWERPOINT QUEUED UP HERE.

I'LL GO THROUGH IT VERY QUICKLY, BECAUSE I UNDERSTAND YOU'VE BEEN BRIEFED AND I DON'T WANT TO BE REDUNDANT.

AND I'M SURE YOU HAVE A FULL AGENDA TONIGHT.

I DON'T THINK WE CAN HEAR YOU.

YOU CAN'T. STILL CAN'T HEAR.

CAN YOU HEAR ME NOW? I CAN HEAR YOU LOOKING AT IT FROM.

THERE WE GO.

I'LL TRY TO TALK LOUDER, IF THAT'LL HELP.

WE'LL GO THROUGH THIS.

MAYBE GO TO THE SECOND SLIDE.

THANK YOU. APPRECIATE THAT.

CAN WE SCROLL UP? WHOEVER'S IN CHARGE.

MULTITASKING. THERE WE GO.

THIS SLIDE IS ONLY IMPORTANT THAT THAT WE DO HAVE PEOPLE IN ATTENDANCE OTHER THAN ME, THAT CAN ANSWER ANY OF YOUR QUESTIONS, WE'RE REALLY HERE TO SPEAK VERY LITTLE ABOUT THE PROPOSAL, BUT A LOT TO ANSWER YOUR QUESTIONS OR ANY QUESTIONS THAT ARISE.

WE'VE GOT SEVERAL PEOPLE FROM PLUS POWER THAT ARE HERE.

MICHAEL O'TOOLE IS HERE, AND CHRISTINA HOFFMAN AND OUR NOISE EXPERT IS MARK STORM, AND HE'S HERE AS WELL.

IF WE SCROLL UP, THERE WE GO.

JUST REAL QUICKLY. IT'S IT'S A NATIONAL COMPANY HEADQUARTERED IN HOUSTON.

[00:15:03]

THEY'VE GOT A LOT OF THESE PROJECTS ACROSS THE COUNTRY.

IF YOU READ THE NEWSPAPER ANY DAY, YOU CAN SEE BATTERY STORAGE IS IS REALLY BIG NOW BECAUSE IT DOESN'T GENERATE ENERGY, BUT IT STORES IT AT FOR TIMES OF NEED. THEN ONE MORE.

AGAIN GAMBIT, WHICH IS LOCATED IN YOUR CITY, BECAME WAS APPROVED BY THE CITY COUNCIL IN JANUARY 2020 AND BECAME OPERATIONAL THE NEXT YEAR. SITS ON A RATHER LARGE PARCEL, AND WE HAVE A NUMBER OF PICTURES.

WE CAN GO THROUGH THE SLIDE SITE PLAN TO SCROLL PAST THAT.

I'M NOT SURE WHO I'M TALKING TO.

IS THERE SOMEONE UP THERE? OKAY. AND JUST THE BATTERY PARK IMAGES.

JUST A QUICK VIEW.

ONE MORE SLIDE.

THIS IS GENERALLY A PICTURE TAKEN OF WHAT IT LOOKS LIKE.

YOU CAN SEE TO THE THE TOP IS TO THE EAST, TO THE LEFT IS TO THE NORTH.

I KNOW THERE'S SEVERAL REPRESENTATIVES OF THE NEIGHBORHOOD TO THE NORTH.

HERE, ONE MORE SLIDE.

AND THESE ARE DIFFERENT VIEWS OF OF DEPENDING ON THE ANGLE OF THE, OF THE PARK.

AND IF WE KEEP GOING, ANOTHER ONE AND.

AND KEEP GOING.

THESE ARE THE TWO CONDITIONS D AND F THAT OTIS MENTIONED EARLIER.

AND I'LL GET TO THEM IN A MINUTE IF WE'LL KEEP GOING TO THE NEXT SLIDES.

ONE MORE.

AFTER IT WAS PUT INTO OPERATION, WE BECAME AWARE.

GAMBIT BECAME AWARE THAT THERE WERE SOME ISSUES OF NOISE.

AND I'VE LEARNED OVER THE LAST 30 DAYS.

NOISE IS A COMPLICATED.

WE ALL THINK WE KNOW WHAT NOISE IS, BUT IT'S VERY COMPLICATED, ESPECIALLY WHEN YOU'RE DEALING WITH BATTERIES AND FANS AND AMBIENT NOISE, WHICH IS THE OTHER NOISE.

AND THEY HIRED DUDEK, WHICH IS HERE.

THE REPRESENTATIVE WHO WHO CAME OUT AT THE END OF THE DAY AFTER LOTS OF STUDY, HE RECOMMENDED AN 18 FOOT SOUND BARRIER OR NOISE BARRIER, WHICH HE CAN DESCRIBE IN GREATER DETAIL THAN I COULD.

AND HE SAID THAT'LL THAT'LL HELP.

AND MAKE SURE YOU'RE IN COMPLIANCE WITH YOUR EXISTING SUV OR SPECIAL USE PERMIT.

AND WE'RE GOVERNED BY NOISE BY THAT PERMIT.

AND AS YOU'LL SEE FROM THE PLANNING AND ZONING COMMISSION, THEY'VE ADDED YOUR OWN NOISE ORDINANCE TO BE PROBABLY APPLIES ANYWAY.

BUT BUT TO MAKE SURE THAT THAT WE COMPLY WITH THAT.

CAN I JUST USE MY HAND? IS THAT ALL RIGHT? THERE WE GO.

THIS IS JUST A BRIEF DESCRIPTION OF THE BARRIER.

IT'S WHAT'S INTERESTING.

IT DOES TWO THINGS. IT'S A BARRIER.

AND IT ALSO ON THE OTHER SIDE ABSORBS SOUND.

SO THIS WAS THEY LOOKED AT MANY, MANY, MANY OPTIONS AND SOLUTIONS.

AND THIS IS THE BEST ONE THEY CAME UP WITH TO HELP RESOLVE THIS ISSUE.

THESE ARE JUST SOME MORE PICTURES.

WE CAN KIND OF SCROLL THROUGH THEM, I THINK.

THIS WAS. LET'S STOP HERE A MINUTE.

THE TEST IN THE YOUR SOUP IS MEASURE THE AMBIENT SOUND LEVEL PRE-CONSTRUCTION.

AND THEN IT HAS GOALS OF WHAT IT SHOULD BE.

AND IF YOU'RE, IF YOU DON'T MEET IT, YOU'RE IN VIOLATION.

THEY LOOK AT THE WHAT IT WAS AND WHAT IT IS AND AND KIND OF EXTRAPOLATE FROM THERE.

THEY DID DO A SOUND, A PARTIAL TESTING.

IT WASN'T REALLY COMPLETE IN 23.

AND YOU CAN SEE IN SOME CASES IT'S PRETTY CLOSE TO THE, TO THE LEVEL, BUT IT'S NOT SATISFACTORY.

AND IT'S CLEARLY NOT SATISFACTORY BECAUSE PEOPLE HERE ARE COMPLAINING.

SO I DON'T CARE WHAT IT SAYS, BUT IF THEY'RE COMPLAINING, IT'S NOT DOING WHAT WE THOUGHT IT WOULD DO.

AND THEN SO STAFF HAS THEY RECOMMENDED AFTER WE MADE OUR PROPOSAL TO MODIFY THE EXISTING SUPPY.

THEY MADE A RECOMMENDATION AT THE END OF THE DAY THAT TO.

YES, ON THE 18 FOOT SOUND BARRIER.

TO MY KNOWLEDGE, UNLESS SOMEONE'S CHANGED THEIR MIND, NO ONE REALLY OBJECTS TO THAT PART.

YOU KNOW, IT'S GOING TO HELP.

AND SO I DIDN'T I THINK MOST EVERYBODY SAYS, YEAH, DO IT.

[00:20:01]

AND, AND SO THAT'S, THAT'S THE FIRST PART.

LET'S SCROLL AGAIN.

AT THE TIME.

AS YOU CAN SEE IN NUMBER TWO, GAMBIT RECOMMENDED.

OKAY, WE CAN LIVE WITH THIS.

WE'RE GOING TO SPEND THE MONEY ON THE SOUND BARRIER.

BUT THERE ARE CERTAIN TIMES WHEN ERCOT SAYS, WE'VE GOT AN EMERGENCY AND ERCOT'S THE GRID ALL OVER THE STATE WHICH YOUR UTILITY COMPANY IS CONNECTED TO IF THERE'S AN EMERGENCY.

AND THEY LISTED 2 OR 3 EXCEPTIONS.

OKAY. I'LL JUST TELL YOU, THERE WAS PUSHBACK FROM THE COMMENTS.

WE HEARD PEOPLE HERE TODAY ON HOW BROAD THAT LANGUAGE IS.

YOUR YOUR PLANNING AND ZONING COMMISSION LISTENED, AND THEY MADE A MOTION THAT IS, OTIS SAID WAS UNANIMOUSLY APPROVED TO MODIFY THAT LANGUAGE TO ONLY ALLOW YOU KNOW, ERCOT DECLARED EMERGENCIES.

IT COULDN'T BE THE OTHER THINGS.

AND THAT'S WHAT THAT'S WHAT TWO SAYS NOW.

AND THEY YOU CAN SEE THEY'VE ALSO ADDED YOUR NOISE ORDINANCE IN THE STATE LAW THAT YOU HAVE TO COMPLY WITH THAT WHICH, WHICH WE SHOULD.

SO THE ONLY EXCEPTION THAT'S BEEN RECOMMENDED BY STAFF TODAY AND BY THE PLANNING AND ZONING COMMISSION IS THAT LANGUAGE.

NOW, WHY IS THAT EXCEPTION IMPORTANT? WE'RE ALL SUBJECT TO STORM URI HERE.

OKAY, SAN ANTONIO, WE THE STORM.

OUR UTILITIES WERE SHUT DOWN FOR FOUR DAYS.

I MEAN, THERE WAS NONE.

AND BATTERY STORAGE.

YOU GOT TO RECOGNIZE THAT THE BATTERY STORAGE FACILITY IS A REALLY AN ASSET TO YOUR COMMUNITY, BECAUSE IT'S REALLY TRIGGERED AT TIMES OF NEED BY ERCOT OR YOUR OWN UTILITY.

AND IT'S SITTING THERE STORING ENERGY, AND THEN IT RELEASES IT AS IT'S CALLED TO RELEASE IT.

SO IT'S YOU KNOW, IT'S IT'S FOR THE CITY.

IT'S A GREAT ASSET TO HAVE THAT AVAILABLE AT TIMES OF NEED.

IF YOUR OWN UTILITY LOSES GENERATION, IT CAN RELEASE ENERGY ONTO THE TRANSMISSION LINES.

THAT DOESN'T MEAN OTHERS AREN'T AFFECTED.

AND THAT'S WHAT WE'RE TRYING TO DO BY ADDING THE SOUND BARRIER.

SO WE NEED TO PROTECT THE OPERATION OF THAT.

WE WANT TO BE ABLE TO.

IF ERCOT SAYS, HEY, YOU GOT TO RELEASE IT, YOU'RE GOING TO BE IN ROLLING BLACKOUTS.

WE WANT TO BE ABLE TO SAY YES.

IF YOU DENY THAT LANGUAGE, WE WON'T WE'LL WE'LL BUY IT BY WHATEVER YOU WHATEVER YOU TELL US TO DO, WE'RE GOING TO ABIDE BY IT.

BUT I WOULD REALLY RECOMMEND THINKING ABOUT THAT BECAUSE IT IS AN ASSET YOU HAVE SITTING HERE.

AND LET'S GET THE SOUND BARRIER UP AND WORKING AND THEN REEVALUATE.

THIS SUMMER, WE WE DID GET FEEDBACK FROM THE NEIGHBORHOOD, WHICH WAS GOOD FEEDBACK ABOUT TESTING.

HOW DO WE KNOW IT WORKS? AND THEY'VE AGREED GAMBIT OR PLUS POWER HAS AGREED TO DO A STUDY WITHIN 90 DAYS OF IT GOING UP.

IT'S KIND OF IT'S VERY COMPLICATED TO TEST IT.

YOU'VE GOT TO BRING PEOPLE IN.

YOU'VE GOT TO, IN SOME CASES, WIND DOWN THE THE FACILITY.

YOU GOT TO MAKE SURE THAT IT'S NOT NEEDED SOMEWHERE ELSE.

BUT WITHIN 90 DAYS OF ERECTION OF THIS NEW SOUND BARRIER, WE'RE GOING TO PERFORM TEST, AND WE'RE WE WILL SHARE THOSE RESULTS WITH THE CITY, AND YOU CAN DECIDE WHO AND RELEASE IT TO PRESUMABLY THE NEIGHBORHOOD.

BUT BUT WE'RE WE'RE WILLING TO DO THAT.

WE'RE GOING TO DO IT ANYWAY. WE WANT TO MAKE SURE IT'S WORKING AS PROMISED.

SO IN THE FINAL THING, I'LL, I'LL SAY IS THIS ISN'T THE END FOR GAMBIT.

WE ARE EXPLORING OTHER OPTIONS, INCLUDING DEALING WITH TESLA, WHO MANUFACTURES THE BATTERIES AND LOOKING FOR OTHER SOLUTIONS TO MAKE SURE IT'S EVEN BETTER THAN THIS.

BUT WE'RE SATISFIED WITH THE BARRIER.

WE'LL BE IN COMPLIANCE WITH YOUR SOP.

THAT'S THE IMPORTANT THING.

SO WITH THAT, I'M GOING TO STOP.

AND AND WE'RE HAPPY TO ANSWER ANY QUESTIONS.

AND MAYBE YOU WANT TO HEAR FROM THE OTHERS AND THEN WE'LL OPEN THE PUBLIC HEARING.

THANK YOU. MAYOR. CITIZENS.

DOC. COUNCIL, DO I HAVE A MOTION TO OPEN THE PUBLIC HEARING? SO MOVED. SECOND MOTION BY COUNCILWOMAN DANIEL.

SECOND BY MAYOR PRO TEM TOWNSEND.

ALL THOSE IN FAVOR SIGNIFY BY SAYING I.

I OPPOSED SAME SIGN.

WE ARE NOW IN A PUBLIC HEARING.

I'M GOING TO GO AHEAD AND CALL OUT THE ONES THAT FILL OUT PAPERS FIRST, IN NO PARTICULAR ORDER JUST HOW THEY CAME TO ME.

GARY MCDANIEL SO IF YOU APPROACH THE PODIUM AND HAVE A.

SAY WHATEVER YOU'D LIKE ABOUT THE STORAGE UNIT.

[00:25:04]

AND THE WIFE LIVED ON SPREADING OAKS.

AND WE'RE PROBABLY ONE OF THE CLOSEST HOUSES TO THE GAMBIT.

WE'RE CONSTANTLY HEARING THIS THING.

I'LL BE HAPPY TO CALL ANY ONE OF YOU WHEN I HEAR IT.

YOU CAN COME OVER AND SIT ON MY PORCH AND SIT THERE AND LISTEN TO THIS THING ROAR.

WE HAVE.

I'M NOT OUT THERE ALL THE TIME, SO I'M NOT.

I KNOW I'M NOT HEARING IT EACH TIME, BUT SINCE FEBRUARY THE 21ST, I WROTE DOWN, LIKE, TEN, 10 OR 11 TIMES.

I'VE RECORDED THEM ON MY PHONE, STANDING ON MY PORCH.

YOU WOULD BE WELCOME TO HEAR THAT.

BUT EVERYTHING THAT I'VE SEEN, AND IT'S LIKE THE GENTLEMAN SAID, IT WAS BUILT AND TOLD EVERYBODY THAT YOU WILL NOT SEE IT AND YOU WILL NOT HEAR IT.

WE'RE HEARING IT.

IT'S NOT IN AN EMERGENCY.

IT'S NOT HOT.

IT'S NOT FREEZING.

IT'S JUST NORMAL DAYS.

AND I WAS IN FAVOR OF A TALL FENCE OR THE TARP.

UNTIL THAT LITTLE MINI HURRICANE WE HAD LAST WEEK.

AND I'M STANDING THERE LOOKING OUT THE WINDOW, AND I'M GOING, MAN, WHAT IS IT GOING TO TAKE TO HOLD THE TARP UP IN THIS? SO NOW I'M KIND OF SECOND GUESSING I WAS ALL FOR IT BECAUSE I WANT THE NOISE DOWN.

BUT WE ALSO WANT TO BE SAFE.

AND THANK YOU FOR HEARING ME.

THANK YOU, THANK YOU. YES, SIR.

CLARENDON HOUSE.

I ALSO LIVE ON SPREADING OAKS, AND SO I'M SPEAKING AS A NEIGHBOR, BUT I'M ALSO THE HOA PRESIDENT, AND I JUST WANTED TO RECOGNIZE THE NEIGHBORS THAT ARE OUT HERE TONIGHT.

CAN YOU ALL, LIKE, RAISE YOUR HAND OR SOMETHING? THESE ARE ALL THE NEIGHBORS THAT ARE HERE KIND OF REPRESENTING OUR NEIGHBORHOOD.

I WANT TO PLAY YOU A VIDEO.

I DON'T KNOW IF THIS IS GOING TO WORK, BUT I WANT YOU.

I MEAN, ONE THING. OTIS SAID HE ACTED LIKE THE SOUND ISSUE WAS JUST DURING THE SUMMERTIME.

THAT IS OBVIOUSLY WHEN IT'S LOUDER.

BUT JUST LIKE YOU SAID, WE HEAR IT ALL THE TIME IN THE MORNING, IN THE EVENINGS.

SO IT'S NOT A IT DOES GET WORSE IN THE SUMMER.

AND THE HEAT LAST SEPTEMBER WAS THE WORST AND THIS WAS SEPTEMBER 5TH, AND THIS WAS 902 AT NIGHT.

I WAS IN MY HOUSE AND I HEARD A NOISE AND I WENT OUTSIDE ON MY FRONT PORCH AND I RECORDED THIS.

SO I JUST WANT Y'ALL TO HEAR WHAT? IT'S ONLY A TEN SECOND VIDEO, BUT I DON'T KNOW IF THIS WILL WORK OR NOT BECAUSE THIS THING'S NOT WORKING.

BUT LET'S SEE WHAT HAPPENS.

SO IT SOUNDS LIKE YOUR NEXT DOOR TO A VACUUM CLEANERS AT A CAR WASH.

THAT'S WHAT IT SOUNDS LIKE.

AND IT'S, YOU KNOW, CONTINUOUSLY.

YOU COULD HEAR THE CICADAS IN THE BACKGROUND, BUT YOU COULD ALSO ABOVE THAT DIN, YOU COULD HEAR IT.

I DON'T KNOW WHAT THE DECIBEL LEVEL WAS.

I DON'T KNOW, YOU KNOW, I DON'T KNOW HOW TO MEASURE IT.

I HAVE YOU KNOW, I HAVE AN APP THAT I TRIED TO LOAD ON MY PHONE, BUT I GUESS THAT'S ONE OF MY ISSUES IS THAT TO ME, THEY NEED TO HAVE A DECIBEL READER THAT THEY MONITOR SO THEY MAKE SURE THEY'RE IN COMPLIANCE BECAUSE NOBODY KNOWS THEY'RE IN COMPLIANCE.

THEY DON'T HAVE ANY DATA TO PROVE IT.

ON THIS SOUND STUDY.

THEY KEEP TALKING ABOUT AMBIENT.

I WANT TO KNOW WHAT IT IS WHEN THEY'RE FEEDING IT TO THE GRID, WHEN ALL THOSE FANS ARE RUNNING, AND THAT WE HAVE NOT HEARD ANY DATA POINTS.

SO I'D LIKE TO SEE A THE SOUND BEING, THEY TOLD ME THEY DON'T HAVE ANY MONITORS IN THE PLAN.

I'D LIKE TO SEE IT BEING MONITORED WHERE THE CITY CAN ALSO MONITOR IT.

I MEAN, IT SEEMS LIKE HOW DO YOU KNOW IF THEY'RE IN COMPLIANCE? I MEAN, ARE Y'ALL GOING TO WAIT FOR US TO CALL YOU AND LET YOU KNOW? AND THEN BY THE TIME SOMEBODY COMES OUT THERE TO MEASURE IT, THEY'RE NOT FEEDING TO THE GRID ANYMORE.

AND WE DON'T HEAR IT. IT ONLY USUALLY LASTS 30 MINUTES TO AN HOUR OR TWO.

I MEAN, IT'S NOT LIKE ALL DAY LONG, BUT IT'S I DON'T KNOW, WHAT WOULD YOU SAY 30 MINUTES TO AN HOUR ISH.

I'VE NEVER STAYED OUT THERE.

YEAH. I DON'T STAND OUT THERE THE WHOLE TIME, BUT A LOT OF TIMES, YOU KNOW, IT DOESN'T LAST.

SO I'M JUST SAYING IF WE COMPLAIN AND SOMEBODY COMES OUT THERE, YOU MAY OR MAY NOT CATCH IT WHEN IT'S AT THE WHAT WE HEAR.

SO ANYWAY I, I GUESS WHEN WE WENT TO THE, I WAS HERE ALL THE PUBLIC HEARINGS, WHEN THEY FIRST CAME IN, WE TALKED ABOUT IT.

WE SPECIFICALLY ASKED THE QUESTION ABOUT SAFETY.

THERE WERE ALL THE CONCERNS THAT WE HEARD, YOU KNOW, WE'RE CONCERNED ABOUT, YOU KNOW, THEY ASSURED US AND THEY TOLD US, JUST LIKE YOU SAID, WE WOULDN'T SEE IT AND WE WOULDN'T HEAR IT. AND ALL THE NEIGHBORS THAT LIVE ON SPREADING OAKS THAT BACK UP TO IT CAN SEE ALL THE ROOFTOPS.

[00:30:02]

IT'S WHITE AND IT'S LIKE A TRAILER PARK OUT THERE.

YOU CAN SEE TONS OF HOUSING TOPS FROM ALL THE HOUSINGS OF THE FAN OR WHATEVER.

BUT YOU CAN SEE IT. IT'S VERY, VERY VISIBLE.

AND SO THAT'S ONE THING.

AND THEN THE SOUND IS ANOTHER.

SO BOTH OF THOSE ARE THE PROBLEM.

BUT IT SEEMED LIKE IN THE WORDING THAT THEY PRESENTED THE P AND Z, THERE WAS LIKE THREE KIND OF EXCEPTIONS THAT THEY WERE ASKING FOR. AND ONE OF THEM WAS SAFETY.

AND THAT WORRIED US A LITTLE BIT.

IT'S LIKE, WHEN IS SAFETY? I MEAN, YOU SHOULD ALWAYS BE SAFE.

SO I DON'T KNOW WHEN THAT SITUATION WOULD EVER OCCUR AND HOW WOULD WE EVEN KNOW? SO IF WE HEARD A NOISE, ARE WE JUST GOING TO ASSUME THAT THERE'S A SAFETY INCIDENT GOING ON THERE AND WE HAVE TO WORRY ABOUT THAT? EXTREME TEMPERATURE WAS ANOTHER ONE THAT WAS TOO VAGUE.

I MEAN, WE HAVE EXTREME TEMPERATURE ALL SUMMER LONG.

I MEAN, FOR FOUR MONTHS OUT OF THE YEAR AT LEAST.

SO AND LIKE I SAID, WE'RE HEARING IT NOW, AND IT'S NOT EXTREME TEMPERATURE ARCTIC EMERGENCIES.

WE UNDERSTAND THAT.

WE'RE ON BOARD WITH THAT.

I MEAN, WE UNDERSTAND THAT.

SO THAT'S OKAY.

BUT I GUESS, YOU KNOW, THEY'VE BEEN WORKING WITH US.

THEY MET WITH US.

YOU KNOW, I THINK THEY'VE TRIED THEY'VE GONE DOOR TO DOOR.

THEY'VE COME IN OUR BACKYARDS.

THEY'VE DONE, I THINK, THEIR DUE DILIGENCE TO TRY TO UNDERSTAND WHAT OUR CONCERNS ARE AND THEY'RE TRYING TO ADDRESS IT.

I AGREE WITH THEM.

YOU KNOW, THE SOUND BARRIER.

I'D LIKE TO GIVE IT A TRY, BUT I DON'T KNOW HOW WE CAN PROVE THAT IT WORKED OR DIDN'T WORK.

AND THEN WHAT HAPPENS? YOU KNOW, A YEAR LATER WHEN THE HURRICANE COMES THROUGH AND MESSES IT UP AND THEN IT DOESN'T WORK ANYMORE? YOU KNOW, I DON'T KNOW HOW WE GET THE DATA THAT PROVES WHETHER IT WORKED OR WHETHER IT'S DEGRADING AND WE'RE HAVING AN ISSUE AGAIN.

SO I THINK THERE'S CONCERNS ABOUT THAT.

BUT HEY, WE'RE WE'RE WILLING TO GIVE IT A TRY.

I REALLY THINK THEY PROMISED US THAT THEY WERE GOING TO BUILD THIS WALL AND WE WEREN'T GOING TO SEE IT.

AND WE CAN SEE IT UP OVER THE WALL, THE, THE EQUIPMENT.

BUT, YOU KNOW, THEY TOLD US THEY WERE GOING TO PUT GREENERY ON THE OUTSIDE.

SO WE'D LIKE TO SEE THAT KIND OF MORE MASS OR WE CAN'T SEE THAT.

SO AND I THINK THEY'VE BEEN WILLING TO, YOU KNOW, LOOK AT THAT.

SO I THINK THAT FROM MY PERSPECTIVE, I'D LIKE TO SEE THE CONCRETE WALLS THAT TECH STOCK PUTS UP.

YOU KNOW, THE BIG HUGE ONES LIKE THEY DO ALONG THE HIGHWAY TO TRY TO BLOCK THE NOISE.

BUT THERE MAY BE AN ISSUE FOR THEIR FROM THEIR PERSPECTIVE WHY THAT WOULDN'T WORK.

BUT WE KNOW THAT WORKS WITH HIGHWAYS, WITH NEIGHBORHOODS.

SO I MEAN THAT TO ME, A BIG CONCRETE WALL WITH YOU KNOW, GREENERY ON THE OUTSIDE WOULD BE MY PREFERENCE.

BUT YOU KNOW, THAT THEY DIDN'T ASK ME.

BUT THAT'S WHAT I WOULD SAY.

WE WOULD WANT ONE OF THE QUESTIONS THAT I HAD.

AND THIS IS FOR MR. WILLEY, WHO LIVES ON THE SOUTH SIDE OF THE PROPERTY.

THEY'RE ONLY GOING TO PUT THIS BARRIER ON THE EAST SIDE AND THE NORTH SIDE, WHICH I'M ON THE NORTH SIDE.

I'M ABOUT 500FT AWAY.

I GUESS MY PROPERTY IS HE'S CLOSER THAN THAT.

AND SO I'M JUST CURIOUS. WHY THEY'RE NOT PUTTING IT ON HIS SIDE.

AND THEN I THINK HE'S ALSO CONCERNED.

I KNOW IT SAYS IT ABSORBS IT.

AND I GUESS HE'S CONCERNED THAT NOW HE'S GOING TO GET SOME OF THAT MORE NOISE, YOU KNOW, AMPLIFIED HIS DIRECTION.

SO I GUESS IF SOMEBODY CAN SPEAK TO THAT YOU KNOW, WE'D LIKE TO UNDERSTAND IF THAT'S GOING TO CREATE A PROBLEM FOR WESTERN AND FOR MISTER WILLIE, THE PEOPLE ON THE SOUTH AND THE EAST SIDE. OKAY.

THANK YOU, THANK YOU, THANK YOU.

QUESTION. I HAVE CHRISTINA HOFFMAN.

NO. I'M GOOD, THANK YOU. NO, NO.

MICHAEL O'TOOLE.

I'M ALSO GOOD JUST HERE TO ANSWER ANY QUESTIONS THAT COME UP.

MARK STORM.

I CAN ANSWER QUESTIONS.

BILL KAUFFMAN. YOU'VE ALREADY SPOKEN TO THAT.

CHRIS PELTIER. HOW YOU DOING, MAYOR AND COUNCIL? IF Y'ALL LISTEN TO THE PNC MEETING, I SPOKE ABOUT HOW I WAS IN THIS FROM DAY ONE.

I SENT A COPY TO CODY.

I DON'T KNOW IF HE'S MAYOR PRO TEM OR WHATEVER HE WAS AT THE TIME.

I SENT HIM AN ADVANCE COPY.

WE TALKED ABOUT, YOU KNOW, IT'S GOING TO HAPPEN.

HOW DO WE MAKE IT SAFE FOR MY NEIGHBORHOOD? SO WE WENT THROUGH.

I WORKED WITH MOLLY EMERSON WITH GAMBIT AT THE TIME, WORKED FOR EVERY TOWN HALL MEETING, EVERY COUNCIL MEETING, EVERY OPPORTUNITY CONFERENCE CALLS TO NAIL DOWN HOW WE'RE GONNA KEEP THE SOUND LEVEL DOWN.

AND IN SOME OF HER FLIERS ARE PRESENTATIONS THAT WE USE TO DETERMINE WHAT THE ACCEPTABLE DECIBEL LEVEL WAS, SHE SAID.

AND I THINK I SENT YOU A COPY OF THAT, BUT IT SHE SAID 100FT AWAY FROM THE FROM THE SITE, NOT THE PROPERTY LINE.

THE DECIBEL LEVEL WOULD BE LESS THAN 40, WHICH I THINK WHAT THEY'RE TALKING ABOUT NOW IS IN THE 50S.

AND, AND CLARA HAS A POINT WE DON'T REALLY KNOW.

WHERE WE'RE WORKING FROM, DECIBEL LEVELS ARE KIND OF ODD.

YOU TAKE THEM AT 5:00, YOU GOT HIGHWAY TRAFFIC, YOU GET SCHOOL TRAFFIC, OR YOU GET A LOT OF THINGS GOING ON THAT ARE GOING TO PICK UP SOUND 6:00 AND EVEN

[00:35:09]

7:00 DECIBEL LEVEL SHOULD BE QUIETER IN THE NEIGHBORHOOD.

SO PICKING ONE DECIBEL LEVEL AS A UNIFORM, ONE TO USE 24 OVER SEVEN IS INACCURATE.

SO THAT THAT IS SOMETHING WE HADN'T BEEN ABLE TO NAIL DOWN.

BUT BUT THE WHOLE PREMISE FROM ALL OF THIS WHEN WE BEGAN THIS JOURNEY WAS TO MAKE IT ACCEPTABLE TO THE NEIGHBORHOOD.

AND WE WERE TOLD YOU WOULDN'T HEAR IT.

YOU WOULDN'T SEE IT. MOLLY SAID THAT THE VEGETATION WILL GROW.

YOU WON'T SEE THE WALL. YOU WON'T SEE ANYTHING.

WHICH THERE REALLY WASN'T ANY VEGETATION PLANTED ON THE HERITAGE OAK SIDE.

I THINK THERE WAS ON THE LIVE OAK SIDE.

BUT THE THE SOUND IS THE BIG ISSUE.

WE HAVE TO YOU'VE HEARD WHAT SHE SAID, AND I PRESENTED AN AUDIO TRACK TO THE PNC AS WELL, AND IT'S IT DOESN'T JUST STAY CONFINED TO WESTERN AVENUE, LIVE OAK AND HERITAGE OAKS.

YOU CAN HEAR IT ALL THE WAY OUT TO HIGHWAY AT BUCKY'S.

YOU CAN HEAR IT AT WEST SIDE ELEMENTARY, THE COUNTRY VILLAGE.

YOU HEAR IT AT ACES AND BEYOND.

IT'S A VERY DISTINCT SOUND, LIKE A SWARM OF BEES, BUT.

AND I WENT AFTER THEY GOT IT STARTED.

I STARTED WORKING WITH MICHAEL GRAFSTEIN WITH TESLA.

I WORKED WITH HIM THROUGHOUT THEIR STAGE OF OWNERSHIP AND RUNNING OF IT, AND HE EXPLAINED TO ME A NUMBER OF ISSUES THEY HAD, BUT HE USUALLY RECTIFIED THEM MOST OF THE TIME.

SOMETIMES HE COULDN'T, BUT AND HE HAD MULTIPLE SPEEDS ON THE FENCE AND, YOU KNOW, THEY'RE BIG SHIPPING CONTAINER.

WHEN THEY WERE TALKING ABOUT MOBILE HOMES, IT'S 20 FOOT OR SO SHIPPING CONTAINERS AND IT HAS COMMERCIAL TYPE FAN AND AIR CONDITIONING UNIT YOU SEE ON THESE TRAILERS THAT HAUL REFRIGERATED THINGS AROUND THE COUNTRY.

AND WHEN IT RAMPS UP, THAT'S WHEN THAT SOUND GETS LOUD.

AND WE REALLY DIDN'T HEAR IT INITIALLY DURING TESLA'S TIME, BUT THEN IT BECAME MORE PREVALENT.

I DON'T KNOW WHAT CHANGED.

AND I'D GET ON THE PHONE WITH MICHAEL AND WE'D TALK ABOUT IT AND HE WOULD CONTACT SOMEBODY DOWN HERE AND THEY WOULD TURN THE FAN SPEEDS DOWN.

BUT THEY'RE THE SOUND IS, IS IS THE ISSUE.

NOW, THIS IDEA OF A SOUND BARRIER MAY BE GREAT, I DON'T KNOW.

I EXPRESSED TO PNC THAT THE CONCERNS I HAVE, THE TEXAS-NEW MEXICO NEEDS TO APPROVE THAT BECAUSE IT'S ADJACENT TO THE SUBSTATION. THEY SHOULD SAY, YOU KNOW, JUST LIKE EARLIER THAT SOMEBODY MENTIONED ABOUT THE STORM AND THE ONE OF YOUR VISUALS IN YOUR PRESENTATION HAD THE BACKSTOP AT ONE OF OUR BALL FIELDS.

IT'S RIGHT DOWN ON THE GROUND.

JUST JUST TO LET YOU KNOW HOW BIG THE WIND WAS.

IT'S WHATEVER.

WE HAD 80 MILE WINDS, I DON'T KNOW.

SO THAT WOULD BE SOMETHING THAT, YOU KNOW, WE HAVE TO BE ABLE TO END ON ONE WINDSTORM CODES, AND WE WOULD ASSUME THE SUPPORTING STRUCTURE, THE CLIPS AND THE FABRIC ITSELF SHOULD BE VERIFIED THAT IT WILL MEET.

ANGLETON'S. ANYONE CODES.

BUT WE'RE WE ARE VERY APPRECIATIVE THAT THEY COME AND WANT TO HELP THIS.

YOU KNOW, THAT'S THAT WAS WHEN WE TALKED AT THE PNC MEETING.

WE'RE HAPPY TO LOOK AT THE EXCEPTION FOR ERCOT, BECAUSE THAT MAKES SENSE.

I MEAN, ERCOT NEEDS POWER.

AND IF WE HAVE TO DEAL WITH THIS ON A, YOU KNOW, A RARE OCCASION AND IT'S VERIFIABLE, IT'S OUR ERCOT EMERGENCY EVENT.

THAT'S NOT A PROBLEM.

WE DON'T WE DON'T WANT TO COME HERE AND TELL THEM, SHUT IT DOWN, DO THIS OR THAT.

BUT BUT WE JUST WANT TO BE WHAT IT WAS SOLD TO US TO BE.

IT WAS SO TO BE SOMETHING WE WON'T EVEN NOTICE OVER THERE.

AND THE NEIGHBORS I LIVE CLOSE TO IT ARE TELLING ME IT IS, AND I'VE HEARD IT, TOO, BUT IT IS A NUISANCE, WHICH WAS NEVER SUPPOSED TO BE A NUISANCE.

SO WE WE JUST WANT SOME HELP IN DETERMINING HOW WE SOLVE THIS.

MAYBE YOU COULD ANSWER. I HAVE THE ACOUSTIC PANEL.

MAY BE A GOOD ANSWER. I JUST DON'T KNOW.

BUT SINCE WE'RE LOOKING AT MODIFICATION OF THE SUP, WE COULD PROBABLY LOOK AT ENTERING.

MAYBE NOT AT THIS TIME.

WE CREATE ANOTHER ONE, BUT GO BACK FOR A NEW MODIFICATION AND DO WHAT CLAIRE SAID.

MAYBE WE HAVE SOME ON SITE DECIBEL READERS THAT WOULD SEND A SIGNAL TO MAYBE TO WHOEVER CODE ENFORCEMENT OR SOMEBODY IN THE CITY.

AND THEY COULD, THEY COULD MONITOR YOU COULD SET IT UP WHERE IF IT TRIPS THE READING, SOMEBODY COULD SEE AND WE WORK UP.

WE CAN'T ALLOW IT.

AND I DON'T THINK THEY WANT TO BE A BAD NEIGHBOR, BUT WE CAN'T ALLOW IT TO BE SOMETHING THAT GOES ON CONTINUALLY FOR THE RESIDENTS OF ALL THOSE NEIGHBORHOODS.

SO WE'RE LOOKING FOR SOMETHING THERE.

AND WHETHER WE EVEN PUT IN PENALTIES IN A MODIFICATION OF SGP, SOMETHING THAT WILL ENCOURAGE THEM TO RUN IT.

RIGHT, BECAUSE TESLA SAID YOU CAN'T ADJUST THE SPEED.

AND HE DID IT VARIOUS TIMES LATER WHEN THEY WERE MOVING OUT.

IT WAS AN ISSUE. BUT BUT HE HE DESCRIBED A LOT OF IN OPERATIONS AND THAT CAN BE DONE.

WE JUST NEED TO MAKE IT OPERATE IN A MANNER THAT WE WERE TOLD IT WOULD BE.

[00:40:05]

OKAY. THANK YOU, THANK YOU, THANK YOU, CHRIS.

THANK YOU. WE ARE IN A PUBLIC HEARING.

SO EVEN IF YOU DIDN'T FEEL ONE OF THESE OUT, YOU HAVE EVERY RIGHT TO GO TO THE PODIUM AND SPEAK.

SO IS THERE ANYONE ELSE WISHING TO SPEAK ON FOR OR AGAINST THIS ITEM? IF YOU DO SO, PLEASE APPROACH THE PODIUM.

ONE MORE TIME. ANYONE WISHING TO SPEAK ON FOR OR AGAINST THIS ITEM? CAN I GET AN ANSWER TO MY QUESTION AFTER PUBLIC HEARING OR AFTER? ALL RIGHT. COUNCIL MOTION.

CLOSE PUBLIC HEARING. SECOND.

I HAVE A MOTION BY MAYOR PRO TEM TOWNSEND.

SECOND BY.

GIVE IT TO COUNCILWOMAN DANIEL.

ANY FURTHER DISCUSSION? CALL FOR THE VOTE.

ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE.

AYE. ALL THOSE OPPOSED? SAME SIGN. WE ARE NOW OUT OF PUBLIC HEARING NOW.

COUNCIL, WHAT QUESTIONS DO YOU HAVE AND ANSWERS WOULD YOU LIKE TO GIVE? I WOULD LIKE TO SPEAK WITH MARK.

DID YOU COME TO THE PODIUM, PLEASE? SHE IS NOT HERE. OH WHO'S WHO'S THE TECHNICAL? GENTLEMAN FOR OUR MARK.

MARK? IS IT A SOUND QUESTION OR AN ENGINEERING QUESTION? IT'S A IT'S ACTUALLY IT'S A IT'S A SYSTEMS QUESTION FOR THE FOR THE BATTERY STATION ITSELF.

THAT'S WHAT I THOUGHT. SO I'M ASSUMING I'M ASSUMING THAT YOU GUYS HAVE SOME SORT OF ONLINE CONDITION MONITORING FOR THIS BATTERY STATION THAT'S FED, THAT FEEDS DATA BACK TO YOU GUYS SO YOU CAN MONITOR IT, RIGHT? YEAH. SO, SO YOU'VE PROBABLY GOT SOME SORT OF AN EYE ON THAT THING THAT YOU CAN STRING OUT AND PUT A DECIBEL METER OUT IN THE FIELD SOMEWHERE, COULDN'T YOU.

TO ANSWER YOUR FIRST QUESTION, YES, THERE'S 24 OVER SEVEN 365 MONITORING TO MAINTAIN THE SAFETY OF THE SYSTEM.

THE SECOND PART IS A LITTLE BIT DIFFERENT.

AND THE SO THE HARDWARE AND BEAR WITH ME, THE HARDWARE INSIDE THE MEGA PACK, WHICH IS THE BATTERY ENCLOSURE THAT'S TRACKS THE CELL VOLTAGE.

CELL TEMPERATURE REALLY JUST LIKE THE PERFORMANCE OF THE ACTUAL BATTERY.

IT HAS NO SOUND CAPABILITIES.

THE SOUND IS EXTERIOR UNDER UNDER.

UNDERSTAND. THE QUESTION I ASK THOUGH IS YOU.

YOU'VE PROBABLY GOT A TEMPERATURE SENSOR OUTSIDE THAT RECORDS THE AMBIENT TEMPERATURE, RIGHT? NO, THEY'RE INSIDE.

SO YOU DON'T KNOW WHAT THE TEMPERATURE IS AT THE BATTERY BANK I KNOW.

YEAH. INSIDE THE BATTERY.

YEAH. BUT YOU BUT BUT YOU DON'T HAVE A, YOU DON'T HAVE AN YOU DON'T HAVE AN OPEN ANALOG INPUT AT ALL IN THERE.

YOU HAVE INFRARED CAMERAS THAT WILL DETECT IF THERE'S A FIRE EVENT FOR SAFETY REASONS.

BUT THERE'S.

SO THERE'S NO WAY THAT LIKE IT'S NOT HOT WHEN YOU GO NEXT TO THE WHAT MY POINT IS, IS THERE'S WHERE YOU'RE FALLING SHORT OF THE POINT HERE.

THERE'S NO WAY FOR YOU TO HOOK UP A DECIBEL METER AND FEED IT BACK THROUGH YOUR SYSTEM TO COLLECT THAT AS A DATA POINT FOR A PID FOR THE EXISTING SYSTEM.

NO, WE COULD CREATE A NEW SYSTEM.

THAT IS A POSSIBILITY.

WE COULD DEPLOY A MONITOR EXTERNALLY TO THE BATTERIES THAT ARE NOT CONNECTED TO THE BATTERIES.

AND THAT WOULD BE THAT WOULD BE FINE TOO.

SURELY YOU COULD DO SOMETHING LIKE THAT CELLULAR CONNECT INTO THE EXISTING HARDWARE OF THE BATTERIES.

I UNDERSTAND YOU CAN'T DO THAT.

WELL, THEN YOU SHOULD BE ABLE TO DEPLOY SOMETHING THAT'S THAT'S EITHER CELLULAR OR SOMETHING.

IF YOU'VE GOT WI-FI OUT THERE THAT CAN TIE INTO THAT.

RIGHT? YEAH. THERE'S THERE'S INTERNET CAPABILITY.

OKAY. WELL, THEN I MEAN, THAT KIND OF SOLVES THE PROBLEM BECAUSE THEN YOU CAN YOU CAN MONITOR IT YOURSELF AND PROVIDE THE PROVIDE THE DATA.

RIGHT? I MEAN, I, I'M NOT AT LIBERTY TO SPEAK TO THAT DECISION.

WELL, I'M JUST SAYING THAT'S A POSSIBILITY.

YEAH, I WOULD ASSUME SO.

YEAH, I THINK IT'S A POSSIBILITY.

IT'S ALSO NOT MY AREA OF EXPERTISE.

OH, I JUST I JUST ASKED THE POSSIBLE I DIDN'T.

YEAH I MEAN YEAH YOU CAN, YOU CAN DEPLOY ANY SORT OF EQUIPMENT ANYWHERE.

SO YEAH IT'S POSSIBLE.

OKAY. THANK YOU I APPRECIATE IT.

YOU CAN CAN YOU.

BUT THAT WAS MORE A SOUND QUESTION.

SO I'M HAPPY HE'S COMING UP.

OKAY. HEY. NO PROBLEM.

THANK YOU. MIKE. AND GOOD EVENING.

JUSTICE ON MY TIPTOES.

HANDS. SO, YES, THERE'S THERE'S TECHNOLOGY THAT, AS MICHAEL SAID, CAN BE INSTALLED EXTERNALLY THAT WOULD ALLOW A DECIBEL MEASUREMENT.

I WAS ASKING A QUESTION, BUT I KIND OF I ALREADY KNOW THE ANSWER.

OKAY. FAIR ENOUGH.

BUT I WOULD PART OF THE THERE'S A CAUTION OR THE COMPLEXITY IS THAT YOU GET THAT DECIBEL READING, BUT WE ALSO NEED TO GET DATA ON THE WHAT I CALL THE BACKGROUND, THE AMBIENT NOISES COMBINATION OF PROJECT AND NON-PROJECT NOISE.

SO WHILE THOSE METERS MAY BE TELLING US, OKAY, HERE'S JUST RAW INFORMATION OVER SOME PERIOD OF TIME, WE'D ALSO WANT TO KNOW WHAT THE

[00:45:08]

BACKGROUND NOISE LEVEL IS, MUCH LIKE WHEN THE MEASUREMENTS WERE PERFORMED IN FEBRUARY 2020 TO MEASURE THAT ACOUSTIC ENVIRONMENT, WHEN OBVIOUSLY WHEN THE PROJECT WAS, YOU KNOW, IT WAS PRE-PROJECT CONDITIONS BECAUSE IT'S COMPARING THAT COMPARING THE PROJECT ONLY NOISE, THE NOISE IT EMITS OUT TO THE ENVIRONMENT, AND COMPARING THAT WITH THE S U P THAT'S DEFINED BY THAT FEBRUARY 2020 SET OF MEASUREMENTS THAT WERE PERFORMED.

WELL, I THINK WE UNDERSTAND THAT THE THAT THE SOLUTION TO POLLUTION IS DILUTION.

SO IF YOU'VE GOT OUTSIDE NOISE THAT'S COMING IN THAT'S GOING TO COUNTERACT THIS TIMES WHERE THERE'S HIGH TRAFFIC ON THE FREEWAY, CARS DRIVING THROUGH THE NEIGHBORHOOD, PEOPLE GOING TO WORK TO SCHOOL, THAT SORT OF THING.

BUT I THINK THE CITIZENS OF THE NEIGHBORHOOD ARE TALKING ABOUT WHEN IT'S NICE AND QUIET IN THEIR NEIGHBORHOOD AND THEY HEAR THE NOISE THERE.

CERTAINLY. AND THAT'S WHY THAT'S WHY WE WANT TO INSTALL THAT.

BUT MY POINT IS, IS THAT WOULDN'T BE A TIME WHERE YOU'D BE WORRIED ABOUT OUTSIDE NOISE POLLUTION BECAUSE YOU CAN KIND OF CHART THAT BY TIME.

WE KNOW WHEN THAT OCCURS.

I DON'T EVEN LIVE IN THE NEIGHBORHOOD.

NO ONE, NO PERSON. OR AGAIN, YOU CAN HAVE TECHNOLOGY THAT WOULD TIME STAMP THAT DATA COLLECTION AND COMPARE IT WITH CONDITIONS THAT, YOU KNOW, EXACTLY INSIDE THE EQUIPMENT AND WHATEVER. AGAIN, HE MENTIONED INFRARED CAMERAS.

THAT'S NOT MY BUT, YOU KNOW, THE EXTERNAL INTERNAL TEMPERATURE.

YES. AND THEN LOOK AT THE DATA AS COMPLETE SET.

YES, SIR. OKAY.

WHILE YOU'RE THERE THOUGH.

YES, SIR. I HAVE SOME SOUND QUESTIONS FOR YOU.

WERE YOU RESPONSIBLE FOR THE THE RECOMMENDATION OF THE WALL AND AND HOW THAT WOULD LOOK? IS THAT SOMETHING FROM YOUR SOUND EXPERTISE THAT, YOU KNOW, PUTTING THIS KIND OF WALL UP WILL HELP DAMPEN IT? WAS THAT OR IS THAT FROM AN ENGINEERING SIDE? NO. THAT'S ME. YEAH.

YEAH WE DO THAT WAS HIRED TO DO SOME MODELING AND COME UP WITH RECOMMENDATIONS FOR WHAT THIS, YOU KNOW, IT'S CALLED AN ACOUSTIC FENCE OR NOISE WALL, BUT IT'S BASICALLY A, A SOUND BARRIER.

BUT AS I SAID, THE PLANNING COMMISSION MEETING IT'S BOTH A BARRIER.

AND I THINK MR. KAUFMANN HAS ALSO SAID THIS.

IT'S A BARRIER AND AN ABSORBER.

BECAUSE YOU CAN YOU CAN HAVE JUST A BARRIER AND IT MAY REFLECT NOISE.

RIGHT. AND, YOU KNOW ONE OF THE COMMENTERS TALKED ABOUT HIGHWAY NOISE BARRIERS.

THAT'S THAT'S A COMMON PROBLEM.

YOU KNOW, YOU MAY BE PUT UP A HIGHWAY NOISE BARRIER TO PROTECT SOME HOMES.

THAT HIGHWAY NOISE IS NOW REFLECTING THE OTHER DIRECTION AND MAY IMPACT HOMES ON THE OTHER SIDE OF THE HIGHWAY.

SO. AND THE DESIGN OF THE BARRIER NOW I THINK EARLIER I'VE, I'VE HEARD SOME COMMENTS ABOUT TARPS.

THIS IS GOING TO BE A ROBUST SANDWICH PANEL WALL MUCH LIKE YOU WOULD SEE IN SOME OTHER EXTERIOR APPLICATIONS LIKE HVAC EQUIPMENT GENERATORS TO, YOU KNOW, SO IT IS STRUCTURALLY SOUND.

WE'VE MENTIONED THAT EARLIER PRESENTATIONS.

SO IT'S NOT GOING TO BE A FLIMSY TARP.

NO, IT'S GOING TO BE SOMETHING MEANT TO BE 18FT TALL, TO RESIST WIND LOADING AND OTHERWISE BE STRUCTURALLY SOUND AND SAFE, BUILT ON THE INSIDE OF THE EXISTING WALL OR OUTSIDE OF THE EXISTING WALL? YES, AS SOME PRESENTATION MATERIALS HAVE SHOWN.

YEAH, THE LOCATION OF IT ON SITE.

AND SO IT'S NOT AN EXTENSION OF THE CURRENT EIGHT FOOT CMU WALL.

THIS WILL BE CLOSER TO THE OPERATING EQUIPMENT.

WHY. BECAUSE THAT'S THAT'S MAKING THE NOISE.

AND THAT'S WHERE YOU WANT A BARRIER TO GET AS CLOSE AS POSSIBLE TO YOUR SOURCES OF NOISE WHEN STORM COMPLIANT.

SO AGAIN, IS IT GOING TO BE BUILT TO WIND STORM COMPLIANCE? I WOULD DEFER TO ENGINEERING THAT'S OUTSIDE OF MY.

YES. YES, INDEED.

I MEAN, QUESTION I HAVE ALSO MISS DANIELS HAD THE QUESTION ABOUT THE THE FENCING ALONG THE, YOU KNOW, THE HIGHWAY AND YOU JUST KIND OF TOUCHED ON IT ABOUT IT WOULD BOUNCE IT BACK, BUT COULDN'T YOU DO BOTH? COULDN'T YOU PUT THE EXTERIOR OF IT BEING A HIGHWAY WALL BASICALLY, BUT PUT YOUR DAMPENING ON THE INSIDE OF THAT.

EXACTLY. YES. AND THAT'S A DESIGN WE'VE PROPOSED IS THAT IT'S GOING TO HAVE, FOR EXAMPLE, A SANDWICH PANEL CONSTRUCTION.

I'M JUST GOING TO RATTLE OFF SOME SPECS.

SURE. YOU COULD HAVE A 16 GAUGE, YOU KNOW, GALVANIZED STEEL, SOLID SHEET.

YOU CAN HAVE SOME FIBERGLASS FILL OUT THERE, THE ACOUSTIC MEDIA AND THEN THAT'S LINED WITH 22 GAUGE, IN FACT.

THAT'S RIGHT. 20% PERFORATION.

YOU KNOW, YOU HAVE A PERFORATED SHEET TO ALLOW EQUIPMENT NOISE TO GET INTO THAT IN, YOU KNOW, THE INNARDS OF THE PANEL SO IT ABSORBS THAT NOISE.

BUT THAT 16 GAUGE SOLID STEEL SHEET WILL DO THE NOISE BLOCKING.

SO YOU GET THE BENEFIT OF BOTH A WALL THAT WILL BOTH BLOCK SOUND AND ABSORB IT, SO IT MINIMIZES THOSE REFLECTIONS IN THE OTHER DIRECTION.

[00:50:02]

SOME HIGHWAY BARRIERS HAVE THAT.

A LOT DON'T. BUT AGAIN, THIS IS A TRIED AND TRUE TECHNOLOGY THAT SEVERAL VENDORS OFFER.

AND THAT'S WHAT PLUS POWER IS LOOKING TO FOR ACTUAL DETAILED DESIGN ENGINEERING OKAY.

SO IS THIS THE FENCING ITSELF WHEN CAN FLOW THROUGH IT OR.

NO IT'S GOOD QUESTION.

NO IT WILL BE NON PASS WIND.

IT'LL THE WIND WILL SEE IT AS A SOLID WALL BECAUSE THE EXTERIOR SURFACES WILL BE THAT SOLID MATERIAL.

SO I'M CONCERNED THAT IF YOU BLOCK OFF THE WIND, THAT'S PART OF YOUR COOLING CAPABILITY ON YOUR BATTERIES, RIGHT, WITH THE FANS.

SO YOU'RE GOING TO ESSENTIALLY MAKE THE FANS RUN LONGER.

WELL, THAT'S A GREAT QUESTION.

AS I UNDERSTAND THIS TIES TO EARLIER COMMENT ABOUT, YOU KNOW, WHERE THE BARRIERS WOULD BE INSTALLED.

ACOUSTICALLY, I WOULD LOVE THEM TO BE SUPER CLOSE TO THE BATTERIES AND THE INVERTERS, BUT I CAN I HAVE TO RESPECT CLEARANCES TO SPEAK TO THAT, YOU KNOW, PROPER AIRFLOW MAINTENANCE AND SO FORTH.

WITH THE ADJUSTMENTS PRESENTED, POTENTIALLY DO YOU THINK THERE WILL BE ANY SORT OF NEGATIVE.

ANY NEGATIVE CONCERNS YOU HAVE.

I MEAN, HE JUST BROUGHT UP ONE.

THE IDEA THAT I GUESS SOMEHOW WITH CIRCULATION WOULD BE AFFECTED AND CAUSE FANS TO RUN LONGER OR AT A HIGHER RATE.

HAVE YOU ALL CONSIDERED ARE THERE ANY OTHER POTENTIAL, ANYTHING THAT WE HADN'T THOUGHT OF THAT PERHAPS YOU ALL HAVE, AND THE ENGINEERING SIDE THAT WE SHOULD BE LOOKING FOR OR CONCERNED ABOUT? NOT THAT I'M AWARE OF.

AND AGAIN, THAT CLEARANCE IS A BIG A BIG ONE AS FAR AS PROVIDING ADEQUATE CLEARANCE, YOU KNOW, FREE SPACE BETWEEN THE SURFACE OF ONE OF THE BATTERY CONTAINER CABINET WALLS OR THE INVERTER, THE MEDIUM VOLTAGE INVERTERS, THEY'RE ALSO ON SITE.

I WANT TO SAY THE.

IT'S SEVERAL FEET BY EIGHT FEET.

EIGHT FEET. THANK YOU.

YEAH, AT LEAST EIGHT FEET.

AND AGAIN, AS MUCH AS ACOUSTICALLY.

I WOULD LIKE TO GET THAT CLOSER.

YOU KNOW, I HAVE TO RESPECT THAT CLEARANCE.

WAS WAS THERE ANY ENGINEERING STUDY THAT WAS PERFORMED FROM FROM MAYBE A HARDWARE PERSPECTIVE WHERE THERE COULD HAVE BEEN SOME SORT OF ENGINEERING CHANGE TO THE EQUIPMENT ITSELF? I MEAN YOU KNOW, I'VE SEEN FANS THAT MOVE A GREAT DEAL OF CFM AND YET DON'T MAKE A WHOLE LOT OF NOISE.

WELL, THAT'S CERTAINLY MY WORLD, YOU KNOW, A LOT OF MY BACKGROUND, BUT THERE ARE SOME CONSTRAINTS ON, AGAIN, WHERE WE AS A PLUS POWER WORKING WITH THE MANUFACTURER OF THE BATTERY CONTAINERS. AND THEY HAVE SOME PRETTY TIGHT CONSTRAINTS ON WHAT, WHAT CAN AND CAN'T BE DONE FROM THE ENGINEERING PERSPECTIVE.

YOU KNOW, THESE ARE NOT LIKE FOR EXAMPLE, IF THIS WAS A, YOU KNOW, A COMMERCIAL HVAC UNIT, YOU KNOW, I MIGHT RECOMMEND TO PUT A LOT OF DIFFERENT SHROUDS AND, YOU KNOW, OTHER TECHNIQUES. THAT'S WHERE I WAS GOING.

THERE YOU GO. YES. DIFFUSERS AND THINGS OF THAT NATURE.

BUT UNFORTUNATELY, YOU KNOW, GIVEN THE SENSITIVITY, THE IMPORTANCE OF AIRFLOW, AS THE OTHER COUNCIL MEMBER BROUGHT UP MY UNDERSTANDING NOW IS THAT WE REALLY HAVE TO RESPECT THOSE CLEARANCES TO THE UNIT NOW, AS MR. KAUFMAN SUGGESTED DOWN THE ROAD, BECAUSE TESLA'S ALWAYS, I KNOW FOR A FACT, HIGHLY INVOLVED IN R&D.

THEY MAY COME UP WITH IMPROVEMENTS AND THAT WE'D CERTAINLY BE ON LOOKING TO SEE WHAT THEY COULD OFFER IN THAT NOW ON THAT AVENUE.

BUT FOR RIGHT NOW WE'RE RECOMMENDING THE FENCE BECAUSE IT'S SOMETHING THAT DOES NOT TOUCH THOSE BATTERIES, BUT IT STILL GIVES THEM THE PROPER AIRFLOW, RIGHT? DOESN'T IMPAIR THEIR PERFORMANCE, BUT STILL WILL PROVIDE THAT SOUND REDUCING EFFECT, WHICH YOU KNOW, WILL BE HELPFUL RESPONSE TO THE COMMUNITY IF YOU INSTALL SIMILAR SYSTEMS TO THIS ELSEWHERE.

IT'S A DEADENING SOUND.

DEAFENING SOUND. YEAH.

IT'S A COMMON TECHNIQUE. AGAIN BATTERY THIS WITH THE BATTERY PACKS.

I'VE WORKED ON A NUMBER OF PROJECTS THAT IT'S ALREADY PART OF THE DESIGN.

FOR EXAMPLE, IF I'M ASKED TO STUDY YOU KNOW, SOME LARGE 300 MEGAWATT FACILITY SOMEWHERE IN THE SOUTHWEST YOU KNOW, THE QUESTION IS GOING TO BE ASKED, WELL, WHERE SHOULD WE PUT OUR WALLS AND THINGS LIKE THAT? SO IT'S I GUESS WHAT I'M REALLY ASKING, ARE WE THE GUINEA PIG OR HAVE YOU ALREADY DONE THIS SOMEPLACE ELSE? YOU'RE NOT THE GUINEA PIGS. OKAY.

THANK YOU. THAT'S NOT WHAT WE WERE TELLING.

I ASKED THAT SPECIFIC QUESTION, AND WE WERE TOLD THEY HAVEN'T IMPLEMENTED IT BEFORE, SO THEY DIDN'T REALLY KNOW IF IT WOULD WORK.

MY APOLOGIES. I'M SPEAKING TO MY PERSONAL EXPERIENCE, BUT NEVER AT A BATTERY PARK.

[00:55:06]

WHAT I'M SAYING I SPECIFIC TYPE OF SCENARIO.

NOT A GENERAL OR A SIMILAR SCENARIO, BUT I CAN'T GO WITH YOUR I CAN'T GO INTO DETAILS, BUT I'VE MADE RECOMMENDATIONS FOR SIMILAR BARRIERS ON SITE FOR THE PURPOSE OF OCCLUDING OR REDUCING THAT SOUND AS IT WOULD GO OUT TO THE COMMUNITY.

OKAY. SO IN OUR SPECIFIC INSTANCE, WHAT EXACTLY IS THIS FENCE SUPPOSED TO HELP WITH? AFTER IT'S INSTALLATION, IT'S GOING TO FUNCTION AS A BARRIER.

IT'S GOING TO BLOCK NOISE.

WHICH NOISE? NOISE FROM THE BATTERY CONTAINERS.

AT WHAT TIME? ALL THE TIME.

THE QUIET NOISE OR THE LOUD NOISE? WELL, ONCE THEY'RE INSTALLED THERE, IT'S A IT'S A SITE FEATURE.

YOU KNOW, IT'S A PASSIVE DEVICE.

AGAIN, IT'S I SAY PASSIVE, MEANING IT WILL BLOCK SOUND.

AND BY WAY OF THE PERFORATED LINER TO SOME ACOUSTIC ABSORPTIVE MEDIA, IT'S ALWAYS GOING TO BE ABSORBING SOME OF THAT SOUND ENERGY THAT WOULD OTHERWISE GO TOWARDS THE COMMUNITY IN THAT DIRECTION.

SO IT'S NOT DEPENDENT ON EQUIPMENT OPERATION.

YOU SAID SOME, BUT NOT ALL CORRECT? YES THAT'S CORRECT.

DURING THE PLANNING AND ZONING, I HEARD THE TERM AMBIENT NOISE USED QUITE A BIT.

COULD YOU DEFINE THAT, PLEASE? AMBIENT NOISE IS EVERYTHING.

ALL THE SOUNDS THAT YOU MAY HEAR OR THAT YOU WOULD MEASURE WITH A SOUND METER? AND WAS THAT WHAT WAS LOCATED ON THE CHART IN THE PRESENTATION? THE AMBIENT NOISE LEVELS THAT WERE RECORDED, THE FEBRUARY 2020 LEVELS, I THINK, WERE IN THE COLUMN.

YES. AMBIENT NOISE.

CORRECT. NOT THE NOISE CAUSED WHEN CHARGING AND DISCHARGING.

WELL, I THINK AS I RECALL, THAT WAS ONE OF THE COLUMNS DISPLAYED, THOSE VALUES THAT WE COULD SHOW THE COMPARISON.

BECAUSE AGAIN, THE FEBRUARY 2020 AMBIENT LEVELS, THE LNS ARE DEFINING THE THRESHOLD THAT WE NEED TO MEET FOR THE SEP.

AND WHAT IS THE ISSUE THE CITIZENS ARE HAVING? IT SOUNDS LIKE THIS FROM MY PERSPECTIVE THAT THE CITIZENS ARE THERE.

THEY DON'T LIKE THE NOISE, WHICH MAKES.

NOISE. FOR EXAMPLE, SOME OF THE COMMENTERS HAVE DISPLAYED HAVE PRESENTED SAMPLES THAT THEY'VE RECORDED ON THEIR OWN PHONES AND SO FORTH.

WOULD THAT BE CONSIDERED AMBIENT NOISE? AFTER MEASURING WITH THE PHONE.

YEAH, THAT'D BE AN AMBIENT NOISE LEVEL.

CORRECT? YEAH, IT WOULD HAVE BEEN QUIETER PRIOR TO JUST CHARGE OR CHARGING.

I WOULD CONSIDER THAT TO BE THE AMBIENT NOISE.

IT THE.

IF THERE'S A MOMENT OF TIME WHERE THE FACILITY MAY NOT BE OPERATING AT ALL OR OPERATING AT SOME LOWER LEVELS, MEANING THE BATTERY CONTAINER'S COOLING FANS ARE OPERATING AT LOWER SPEEDS, THEN THAT FACILITY OR PROJECT NOISE IS CONTRIBUTING ITS SOUND ENERGY TO THE AMBIENT LEVEL AND IN COMBINATION AND LOGARITHMIC COMBINATION WITH NOISE OR SOUND FROM OTHER SOURCES IN THE ENVIRONMENT.

THAT ALL COMBINES ACOUSTICALLY TO A AMBIENT LEVEL THAT YOU COULD.

THAT'S HOW YOUR EARS YOU'RE HERE. YOUR EARS ARE HEARING THAT YOU CAN MEASURE IT AND GET A DB READING WITH A SOUND METER.

OR YOU COULD USE YOUR PHONE TO RECORD IT.

THAT'S THAT'S THE AMBIENT SOUND AGAIN, EVERYTHING THAT YOU DETECT.

SO OUR AMBIENT SOUND IS MOSTLY FROM THE HIGHWAY.

AND WHEN THOSE FANS ARE DISCHARGING AND CHARGING, IT IS VERY MUCH LOUDER THAN THE CURRENT AMBIENT NOISE CAN THEN.

THERE MAY HAVE BEEN SOME SITUATIONS WHERE THE FACILITY NOISE WAS A SIGNIFICANT CONTRIBUTOR, ACOUSTIC CONTRIBUTOR TO THAT OUTDOOR AMBIENT THAT ONE WOULD HEAR OR MEASURE THAT OTHER SITUATIONS WHERE THE OUTDOOR AMBIENT, AGAIN DUE TO HIGH LEVELS OF HIGHWAY TRAFFIC OR OTHER COMMERCIAL RESIDENTIAL EQUIPMENT OPERATING AND SO ON.

AGAIN, THERE'S THESE TWO PIECES THAT THE PROJECT NOISE CONTRIBUTION AND THE NON PROJECT, WHAT I SOMETIMES CALL THE BACKGROUND TO HELP DISTINGUISH THE TWO.

RIGHT. THERE'S THE NOISE OF CONCERN WHICH YOU'RE CALLING THE PROJECT SOUND.

AND IN THE BACKGROUND COME TOGETHER.

THAT MAKES THE AMBIENT AGAIN THE AMBIENT THAT YOU CAN HEAR OR MEASURE OR RECORD THE AUDIO.

MY CONCERN IS THAT IT WAS FIRST PRESENTED AS A TARP LIKE FENCE SOUND BARRIER, AND NOW YOU'RE SEEING IT'S GOING TO BE METAL. AND THE NUMBERS THAT HAVE BEEN SHOWN TO US ARE NOT THE

[01:00:03]

NUMBERS THAT WE'RE WORRIED ABOUT.

IT IS QUITE LOUD AND IT IS QUITE LOUD OFTEN WHENEVER THE TEMPERATURE IS NOT EXTREME.

AND I'M CONCERNED THAT YOU'RE WILLING TO INSTALL THIS FENCE AND THEN LATER ON DO SOUND TESTING.

IT SEEMS LIKE A CHICKEN BEFORE THE EGG KIND OF SCENARIO.

COUNCIL MEMBER I REALLY WOULDN'T CHARACTERIZE IT THAT, I MEAN, YOU KNOW, ONE WE'RE ONE TO MEASURE AFTER IT'S AFTER THE BARRIER IS INSTALLED THAT WOULD ALLOW US ALL TO HAVE AN OPPORTUNITY TO EVALUATE ITS PERFORMANCE.

I WOULD LIKE TO HAVE A STUDY DONE PRIOR TO BUILDING SOMETHING, SO THAT SOMETHING CAN BE BUILT TO ACCOMMODATE THE ISSUE THAT WE'RE HAVING.

I WOULD ASK OR MAKE THE POINT THAT PART OF WHAT YOU MAY BE REFERRING TO IS, YOU KNOW WHAT THE SOUND THAT THE RESIDENTS ARE HEARING AND AS OPPOSED TO WHAT MAY JUST BE A DB LEVEL, AN LDN THAT IS BEING ASKED TO MEET AS PART OF ITS SUP.

YOU KNOW, I THERE ARE SOME SITUATIONS IT'LL BE TWO DIFFERENT THINGS.

IN OTHER WORDS, LET'S BE CLEAR.

YOU KNOW THE THERE WILL BE NO ABSENCE OF SOUND AFTER INSTALLING THE THE WALL, AS SOMEONE COUNCIL MEMBER MENTIONED THAT, YOU KNOW, OR MR. MAYOR, I THINK YOU MENTIONED MR. STORM. YOU SAID SOME. WELL, THAT'S RIGHT, IT'S GOING TO BE SOME.

THERE'S NO COMPLETE SOUND SUCKING TO, YOU KNOW, TO BRING IT TO NEGATIVE DB LEVELS THAT THAT DOESN'T EXIST.

THE RESIDENTS WILL STILL HEAR THERE MAY BE TIMES WHEN THE RESIDENTS WILL STILL HEAR IT.

BUT WHAT I CAN SAY IS THAT ALL ELSE BEING EQUAL, WITH THAT SOUND WALL IN PLACE, THEY'LL HEAR A REDUCED LEVEL.

IT WILL BE AUDIBLY AND IMMEASURABLY REDUCED.

LEVEL WILL BE THE REDUCED LEVEL ORIGINALLY AGREED UPON IN OUR CONTRACT.

COULD YOU REPEAT THAT, PLEASE? WOULD IT BE TO THE REDUCED LEVEL THAT WAS ORIGINALLY AGREED ON WHEN COUNCIL WAS APPROACHED WITH THIS PROJECT? WELL WITH A WITH A NOISE BARRIER INSTALLED.

YOU KNOW, IT GIVES US THE CONFIDENCE THAT THAT THRESHOLD WOULD BE WOULD BE MET.

CAN YOU SAY FOR ANY CERTAINTY BASED ON THE MODELING OF PERFORMED AND WORK WITH LESS POWER? YES. YET THEY DON'T KNOW THE DECIBEL LEVEL WHENEVER THE FANS ARE RUNNING.

WELL, I GUESS THAT'S MY QUESTION.

DO YOU HAVE A DECIBEL LEVEL THAT YOU I UNDERSTAND NOBODY WANTS TO, YOU KNOW, PUT THEIR FLAG ON THE GROUND AND COMMIT TO SOMETHING.

BUT WHAT I'M ASKING IS, DO YOU HAVE A BELIEF BASED ON YOUR ENGINEERING OF WHAT THE DECIBEL LEVEL WILL BE AT ITS PEAK? OUR MODELING HAS LOOKED AT SOME PRETTY, YOU KNOW, FINGER QUOTES, WORST CASE CONDITIONS, INFORMATION I'VE RECEIVED FROM PLUS POWER.

AND UNDER THOSE CONDITIONS THAT INSPIRED THE PROPOSED DESIGN THAT WE BROUGHT BEFORE YOU AGAIN IN 18 FOOT TALL WALL.

BECAUSE SOME OF YOU MAY BE WONDERING WHY WHY 18FT? AND AS WE SHARED WITH PLANNING COMMISSION THAT THAT'S THE YOU KNOW, A RIGHT HEIGHT THAT WILL YIELD THE PERFORMANCE IMPROVEMENT THAT WE CAN RELIABLY SPEAK TO.

WELL, AND I GUESS THAT KIND OF IS THE I GET IT.

I MEAN, I REALLY UNDERSTAND YOUR NOBODY WANTS TO, YOU KNOW, SAY FOR CERTAIN WHAT WILL HAPPEN, BUT WHAT I HEAR IS YOU'LL HEAR AND YOU'LL SEE NOTICEABLE IMPROVEMENT.

BUT THAT'S AGAIN LEFT TO WHAT? WHOSE DECISION IS THAT? IT'S NOTICEABLE IMPROVEMENT. BUT I MEAN, LET'S BE HONEST.

IF YOU WERE AT 40DB AND YOU CRANKED IT DOWN TO 38, YOU COULD PAT YOURSELF ON THE BACK AND SAY, WELL, WE MADE IMPROVEMENT AND I DON'T KNOW IF THAT'S NOTICEABLE.

YOU SEE WHAT I'M SAYING? YOU'RE JUST SAYING THAT YOU'RE GOING TO SEE IMPROVEMENT.

I'M ASKING FOR A MORE FIRM, IF POSSIBLE.

AND I UNDERSTAND THERE'S ALWAYS EXCEPTIONS TO EVERY RULE.

WHAT SHOULD WE SHOULD EXPECT WITH THE BUILDING? MR. TOWNSEND. THANK YOU. NOW, I THANK YOU FOR CLARIFYING THAT.

WHAT I CAN SAY IS THAT GIVEN THE MODELING I PERFORMED FOR THIS NOISE BARRIERS PROPOSED TODAY, IT SHOULD DELIVER WHAT WHAT I TERM OF ART IN MY BUSINESS OR LINE OF WORK IS A PERCEPTIBLE CHANGE OF AT LEAST OF AT LEAST THREE DB.

YOU KNOW, YOU GO TO VARIOUS REFERENCES THAT'S PERCEPTIBLE, CHANGE IT.

[01:05:02]

IN SOME INSTANCES, SOME LOCATIONS, IT COULD BE MORE SO AGAIN, A PERCEPTIBLE PERCEPTIBLE, A NOTICEABLE INCREASE, A DIFFERENT SUBJECT MATTER.

I DON'T WANT TO STAY ON THAT ONE.

NO, I'VE GOT ANOTHER QUESTION.

WELL, MY QUESTION WAS JUST GOING TO BE ABOUT MAINTENANCE.

WHAT CAN WE EXPECT FOR MAINTENANCE? HOW LONG? I MEAN, WE KNOW THERE'S JUST WE LIVE IN SOUTHEAST TEXAS.

NOTHING HOLDS UP VERY LITTLE.

I MEAN, IF YOU AREN'T FAMILIAR WITH THE HUMIDITY, MOISTURE, SUN, WIND, RAIN.

SO, I MEAN, I WOULD IMAGINE YOU KEEP TALKING ABOUT A FIBER.

I DON'T KNOW, METAL MAY NOT.

I MEAN, I GUESS WE STILL COULD RUST AND CORRODE, BUT THE LINING, I DON'T KNOW, IT JUST SEEMS LIKE THERE WOULD BE A POSSIBILITY OF MAINTENANCE ISSUES. MAYBE NOT IMMEDIATELY, BUT AS TIME, YOU KNOW, ADVANCES.

SO HOW LONG WOULD THAT BE? YOU KNOW? YEAH. REVIEWED THE FENCE.

I CAN. WELL, MIGHT BE A BETTER QUESTION FOR MY COLLEAGUE FOR PLUS POWER, BUT YOU'RE RIGHT.

MR. TOWNSEND THAT THAT IS.

THOSE ARE THE WHAT I WOULD CALL NONPHYSICAL CONSIDERATIONS THAT GO INTO THE DESIGN ENGINEERING IMPLEMENTATION OF SUCH A WALL.

AND THAT'S, THAT'S SPEAKS TO EARLIER PARTS OF MY CAREER WHEN I WAS A MANUFACTURING.

SO, YEAH, SOME MATERIALS, YOU KNOW, NEED TO BE GALVANIZED OR PAINTED OR STAINLESS STEEL.

OR. YES, WE WERE LOOKING AT SOMETHING ELSE.

COMPANIES THAT PLUS POWER THAT ARE HAVE BEEN COMMUNICATING WITH INCLUDE THOSE THAT BUILD HIGHWAY BARRIERS AND THEY FACE SIMILAR YET NON ACOUSTICAL ENVIRONMENTAL PARAMETERS.

ANYTHING ELSE YOU WANT TO SPEAK TO THAT REGARDING LIKE MAINTENANCE.

LIFESPAN. YES.

I MEAN, NOT REALLY.

PODIUM. COME ON UP.

THANK YOU. COUNCIL. I THINK YOU'RE PROBABLY GETTING A LITTLE BIT, BUT YEAH, IN TERMS OF LIFESPAN, THE DESIGN PHASE OF THE NOISE BARRIER IS ABOUT TO BE KICKED OFF, UNDERWAY AFTER THE HOPEFUL APPROVAL OF THE EIGHT FOOT FENCE.

AND THEN WE HAVE TO GO THROUGH A BUILDING PERMIT PHASE, FENCE PERMIT PHASE WITH YOU GUYS AS WELL.

SO YOU WILL SEE THE WHOLE ROBUST DESIGN.

YOU'LL HAVE A CHANCE TO LOOK IT OVER, APPROVE IT.

AND I'M ONCE WE GET TO THAT STAGE, YOU'LL SEE THE FULL LIST OF SPECIFICATIONS, HOW IT'S GOING TO BE WIND LOADED ETC.

YOU NAME IT. LIFESPAN.

THERE'S DIFFERENT TYPES OF MATERIALS.

YOU'LL SEE THAT THE STEEL IS NOT GOING TO RUST.

AND IT'S I MEAN, THIS IS LIKE A VERY ROBUST DESIGN.

IT'S WE'RE SPENDING A LOT OF TIME TO MAKE SURE THAT WE ONLY HAVE TO DO IT ONCE, AND WE'RE GOING TO DO IT RIGHT, AND THAT IT'S GOING TO WORK AND WE'RE GOING TO BE COMPLIANT WITH THE SPECIAL USE PERMIT.

BUT YOU GUYS WILL SEE ALL THAT INFORMATION AS WE GO THROUGH THE PROCESS.

IS THAT DOES THAT ANSWER IT? I MEAN, I DON'T THINK WE KNOW YET.

I, I DON'T KNOW WHAT I DON'T KNOW, BUT I'LL BE GLAD TO LISTEN.

OKAY. ALL RIGHT. WHILE YOU'RE UP THERE, I GOT ONE OTHER QUESTION.

SO EACH BATTERY PACK IS INDIVIDUALLY CONTROLLED, RIGHT? I MEAN, IT TURNS FANS ON.

THEY'RE NOT ANYTHING TIED TOGETHER.

IT'S NOT MANUAL.

BUT. YES. SO THE NOISE IS GENERATED.

WE DON'T KNOW IF IT'S JUST ONE BATTERY PACK OR ABOUT 20 OF THEM ARE RUNNING AT THE SAME TIME.

I MEAN, THERE'S GOT TO BE A DIFFERENCE.

YEAH. WE'RE ABLE TO GET THAT DATA.

WE HAVE TO GO REQUEST IT FROM TESLA AND THEY SEND IT TO US.

IT USUALLY TAKES A WEEK OR TWO OR SO.

WE'RE ABLE TO HAVE THAT. AND THAT'S ACTUALLY CALLED LIKE A FAN DISPATCH PROFILE.

SO YOU CAN SEE HOW OFTEN THE FANS ARE ON WHAT DIFFERENT LEVEL THEY'RE RUNNING AT.

AND ALL OF THAT WAS USED TO INFORM THE MODELING THAT THE DUDAK PERFORMED.

OKAY. THAT'D BE INTERESTING TO KNOW TO SEE IF YOU HAVE PROBLEMS WITH ONE ONE BATTERY PACK AND MAYBE NOT SO MANY OTHERS.

WELL, THEY ALL HAVE THE SAME DESIGN.

THEY'RE ALL THE SAME. SO IT'S JUST SOMETIMES.

YEAH, IF WE'LL HAVE TO TAKE ONE OFFLINE OCCASIONALLY AND PERFORM MAINTENANCE, IF SOME OF THE PARTS ARE NOT WORKING CORRECTLY, THEN WE'LL TAKE IT OFFLINE, DO MAINTENANCE AND THEN PUT IT BACK INTO OPERATION.

BUT THEY ALL AT THE CORE ARE THE EXACT SAME CONTAINER.

THAT WAS ONE OF MY QUESTIONS.

AND YOU JUST KIND OF HIT ON IT.

BUT I MEAN I LIKE TO SEE DATA.

WHAT PERCENTAGE OF THE TIME IN THE SUMMER, WINTER, SPRING, FALL? WHAT'S THE PERCENTAGE OF TIME THOSE FANS ARE RUNNING? IS IT EIGHT HOURS A DAY? TEN HOURS A DAY IN THE SUMMER? ARE THEY RUNNING NONSTOP BECAUSE THEY CAN'T COOL DOWN ENOUGH?

[01:10:03]

I MEAN, THAT'S THAT'S A QUESTION I WOULD LOVE TO SEE THE DATA ON.

YEAH. I MEAN, YOU WANT TO TAKE THAT OUT.

I WAS GOING TO SAY IT'S VERY DEPENDENT ON THE AMBIENT CONDITIONS, HOW HOT IT IS OUTSIDE.

THERE'S A LOT OF EXTERNAL FACTORS THAT CONTRIBUTE TO THAT.

THAT'S WHY I ASKED ABOUT SEASONS.

YEAH. SO OBVIOUSLY THEY DO NEED TO RUN MORE WHEN IT'S HOTTER AMBIENT TEMPERATURES.

SO DURING THE SUMMER THEY'LL NEED TO RUN MORE IN ORDER TO MAKE SURE THAT THE BATTERIES ARE COOL SO THAT THEY'RE OPERATING SAFELY.

I MEAN, THAT'S OBVIOUSLY LIKE OUR MAIN PRIORITY.

IF YOU HAVE THE DATA, YOU CAN TELL ME THE PERCENTAGES.

I MEAN, NOT I'M NOT SAYING YOU DID 365 DAYS.

NO, NO, NO, I'M ASKING ABOUT SEASONS SEASONALITY IF YOU PICKED THEM APART.

SO WHEN WE DID THE MONITORING IN JULY OKAY.

IN ORDER TO INFORM THIS, I, WE WERE ABLE TO TRACK THAT AND USE IT TO INFORM THE MODELING.

SO I HAVE IT FROM JULY 2023, BUT NOT FOR WHAT WAS IT IN JULY 2023.

SO I MEAN, CAN YOU SPEAK TO IT OFF THE TOP OF YOUR HEAD? IT'S LIKE MIKE WAS SAYING, IT VARIES.

IT VARIES FROM HOUR TO HOUR.

IT VARIES WITH TIME OVER THE COURSE OF A DAY OR 24 HOURS.

I'M JUST ASKING THE PERCENTAGE OF TIME IT'S RUNNING A DAY.

AND I KNOW THAT I'M JUST ON AN AVERAGE FOR THAT MONTH.

YOU HAVE THE DATA FOR THE MONTH OF JULY 2023.

WHAT'S THE PERCENTAGE OF TIME THOSE FANS WERE RUNNING TO COOL DOWN THOSE BATTERIES IN A 24 HOUR PERIOD? I DON'T HAVE AN EASY ANSWER FOR THAT, BECAUSE IT DOES VARY WITH TIME OF DAY AND RESPONDS TO THE EXTERNAL AMBIENT TEMPERATURE, HUMIDITY CONDITIONS RIGHT AGAIN THAT EACH, AS MIKE WAS SAYING, EACH BATTERY.

AND IF I HAVE THIS WRONG OR RIGHT EACH BATTERY CONTAINER IS KIND OF DOING ITS OWN CALCS.

RESPONDING TO THOSE CONDITIONS.

SURE. SO, AND I'LL BE HONEST, THAT COMPLICATED MY MODELING EFFORT BECAUSE I HAD TO GET DATA ON EVERY SINGLE UNIT.

AGAIN, DATA THAT MIKE FORWARDED TO ME SO THAT I COULD PLUG THAT IN.

RIGHT. SO MY LET'S BE CLEAR, THE NOISE MODELING WAS NOT JUST, OKAY, WHAT ARE THE SOUND MAGNITUDES OF THE FANS, YOU KNOW, FROM THE ON SITE EQUIPMENT? BUT WHAT WERE THE DURATIONS AT WHICH THOSE MAGNITUDES OCCURRED? PLUGGING THAT IN, THAT ALLOWS ME TO CALCULATE AN LN AT DAY NIGHT LEVEL TO MAKE OUR ASSESSMENT.

RIGHT. FAIR ENOUGH. AND I APPRECIATE THAT.

I'M I'M JUST ASKING YOU FROM YOUR MODEL HOW MUCH TIME YOU WERE SEEING BECAUSE YOU HAD TO COME UP WITH THAT, THAT NUMBER BASED OFF THE DATA AND THE MODELING.

SO I WAS TRYING TO FIND OUT HOW IT'S DIFFICULT TO GIVE ME A SINGLE NUMBER AGAIN.

BECAUSE IT ALSO DEPENDS ON HOW HOW HOW FAST THE FANS CAN RUN.

I'M SORRY, I COULD MAYBE I COULD HELP WITH THIS.

I GUESS I THINK WHAT WE'RE TRYING TO ASK IS, WHAT PROBLEM WERE YOU PRESENTED WITH? WHAT WHAT INFORMATION WERE YOU GIVEN WHEN YOU WERE PRESENTED WITH THIS PROBLEM? AND WHAT DATA DID YOU USE TO START TO PROVIDE A SOLUTION TO IT? BECAUSE IT SEEMS LIKE YOU HAD TO.

IT SEEMS LIKE YOU HAD TO COMPILE A BUNCH OF ASSUMED EVENTS BASED ON DATA THAT YOU ASSUMED OVER A PERIOD OF TIME THAT YOU ASSUMED IS THAT IS THAT IN ANY WAY ACCURATE? NO, I WOULD CHARACTERIZE IT AS TWO PIECES OF INFORMATION.

I REALIZE, FOLKS, IS GETTING INTO THE NOISE WEEDS.

SO I'LL DO MY BEST. BUT LET ME QUICKLY TRY TO ADDRESS THAT QUESTION.

WHAT INFORMED MY NOISE MODELING IS REFERENCE SOUND LEVEL DATA FROM THE MANUFACTURER TESLA, BECAUSE THEY SAY, OKAY, FOLKS, YOU KNOW, UNDER CONFIDENTIALITY, ETC., ETC..

OKAY. YOU KNOW, THEY'VE DONE TESTING TEST DATA FOR A SAMPLE UNIT.

THEY PROVIDE ME THAT SOUND DATA FOR ONE UNIT.

OKAY, GREAT. NOW I KNOW WHAT ONE UNIT WILL PRODUCE FOR NOISE.

ALL RIGHT. WELL THEN I'M GOING TO POPULATE THAT IN THIS MODEL WHICH HAS THE 81 BATTERY CONTAINERS ON SITE.

NOW THE NEXT PIECE OF INFORMATION IS WELL OKAY HOW OFTEN DO THEY RUN.

AND IT SPEAKS TO THE MAYOR'S QUESTION.

AND THAT'S WHEN WE GET OPERATIONAL DATA FROM THE MANUFACTURER BECAUSE THEY WILL TELL MIKE, OKAY, OVER THE COURSE OF THIS 24 HOUR PERIOD FROM 12 MIDNIGHT TO MIDNIGHT THE NEXT DAY, WHEN THOSE BATTERY FANS WERE RUNNING OR THEIR COOLING SYSTEMS WERE RUNNING AT SOME FAN SPEED. SO THAT'S GOOD, BECAUSE IF I KNOW WHEN THE FAN SPEED IS AND FOR WHAT DURATION, I'LL KNOW WHICH OF THOSE REFERENCE SOUND LEVELS TO PLUG IN. MEANING.

HOW NOISY WAS THAT UNIT? AGAIN, THAT ALL HELPS.

THAT'S WHY I COME UP TO YOU WITH CONFIDENCE THAT INSTALLING THE NOISE WALL HAS BEEN WELL THOUGHT OUT, BECAUSE WE HAVE DONE SOME GREAT MODELING THAT INCLUDES THESE WHAT I CALL

[01:15:02]

NOT JUST A REFERENCE NOISE OF THE EQUIPMENT, BUT THE TEMPORAL FACTORS THAT ARE BASED ON OPERATION.

I'M CONFIDENT, ESPECIALLY WHEN YOU MENTION THAT IT'S ALL GOING TO COME BACK TO US FOR APPROVAL ON THE ON THE WALL.

I'M APPRECIATIVE OF THAT.

YEAH. DID THAT DID I ANSWER YOUR QUESTION, MR. SAAD AND MR. MAYOR? YEAH.

DID I IT DID.

AND AND SO YOU'RE YOU GUYS ARE GOING THROUGH AND JUST BASED OFF OF WHAT, YOU KNOW, THE DECIBEL LEVELS ARE FOR THE FOR THE FANS JUST DOING AN FE.

IT'S IT'S A, WELL, I KNOW, FINITE ELEMENT ANALYSIS.

I THINK IT'S THAT.

BUT THE MODEL PROGRAM WE'RE USING IS BASED ON ISO, ISO 9613-2 COMMON STANDARD THAT YOU FIND IN THE COMMERCIALLY AVAILABLE SOFTWARE PLATFORMS. I DIDN'T GET AN ANSWER TO MY QUESTION, BUT THAT'S OKAY.

BUT AND I WE LIKE MY QUESTION.

CAN YOU REPEAT IT REAL QUICK? I THINK I KNOW THE ANSWER WAS IN IN THE MODELING THAT YOU HAD FOR JULY 2023 AND A GIVEN DAY, HOW HOW LONG WERE THOSE FANS RUNNING ON AVERAGE PER DAY? YEAH.

SO WE HAVE WE RECORDED THREE DAYS IN JULY AND WE'D BE HAPPY TO SEND THOSE TO YOU.

THANK YOU. YEAH.

WHO'S RESPONSIBLE FOR THE OPERATIONS OF THE FACILITY? WHO WANTS TO TAKE THOSE QUESTIONS? ME. BUT. OKAY, LET'S DO IT.

WHEN THIS WAS ORIGINALLY BROUGHT TO US, THERE WERE A LOT OF CONCERNS ON LIVE OAK ABOUT USING THAT ACCESS ROAD AND COMING UP AND DOWN THAT ROAD, AND IT WAS ASSURED THAT THEY WERE NOT GOING TO COME DOWN THAT USE THAT, THAT ENTRY.

BUT TALKING TO THE THE LADIES AND THE PEOPLE OVER THERE, THERE'S Y'ALL ARE USING THAT FACILITY, THAT ENTRANCE, THEY Y'ALL ARE SUPPOSED TO BE USING MURRAY RANCH ROAD EXCLUSIVELY.

THAT WAS ONLY A SECONDARY AS AN EMERGENCY ENTRANCE OR EXIT.

THEY DO NOT WANT TO SEE PEOPLE COMING IN AND OUT OF THAT ALL THE TIME, BECAUSE THEY TRACKED MUD AND OTHER STUFF THROUGH.

THERE IS WHAT THEY SAID.

THAT'S FIRST. SECOND IS ON THE SOUND BARRIER FOR THAT FENCING, THAT GATING RIGHT THERE.

HOW ARE YOU GOING TO, I GUESS, STOP THE SOUND FROM THAT SIDE, BECAUSE I KNOW YOU'RE YOU'RE PUTTING THIS WALL UP AROUND, BUT YOU JUST HAVE TO HAVE THAT GATE FOR THE EMERGENCY ENTRANCE. ARE YOU GOING TO IS THERE GOING TO BE SOME KIND OF SCREENING ON THE ON THE GATE ITSELF AS WELL AS THE SOUND BARRIER, OR ARE YOU GOING TO LEAVE THAT OPEN FOR THE SOUND TO ESCAPE THROUGH? SO I THINK FOR BOTH OF THEM, A VISUAL WOULD PROBABLY BE REALLY BENEFICIAL FOR EVERYONE TO UNDERSTAND.

BUT I'LL TRY MY BEST IF NOT FOR FIRST ONE.

THE FIRST QUESTION I WILL RELAY THAT INFORMATION TO THE SITE MANAGER.

THE PEOPLE THAT ARE ON SITE I AM.

I AM NOT ONE OF THOSE PEOPLE, BUT I WOULD RELAY THAT INFORMATION FOR SURE.

SECOND QUESTION.

AGAIN, I MEAN VISUAL WOULD BE SUPER HELPFUL IF YOU GO TO PAGE 39.

YEAH. AND ARE YOU DOING ANOTHER ONE? WELL, YOU JUST HAVE TO ZOOM IN ON 39 TO SHOW THE FENCING.

YOU PASSED IT BACK TO 39 AND ZOOM IN ON THE TOP PART.

THE FENCE LAYOUT. THE DRAWINGS SHOWING THE LAYOUT OF THE PITS.

BLACK AND WHITE STICK FIGURE DRAWING.

BECAUSE THE RESIDENTS THERE ARE CONCERNED BECAUSE THEY SAID THEY HEAR IT A LOT.

BECAUSE THEY'RE RIGHT THERE NEXT TO THAT GATE.

SO THERE'S NO THERE'S NO BUFFERING THERE FOR THEM.

RIGHT THERE. ZOOM IN ON THE TOP PART.

TOP PART. OKAY, WELL, THAT CAN ALSO WORK TOO.

BUT I WANTED THE ACTUAL AERIAL VISUAL SO YOU COULD SEE THE GATE WILL IS TOO.

I GUESS LOOKING AT THIS TO THE LEFT.

SO IN THAT CASE, TO THE SOUTH OF WHERE THE POTENTIAL WALL WOULD BE.

SO THE WALL WOULD STILL ABSORB AND BLOCK THE SOUND THAT WOULD POTENTIALLY ESCAPE FROM THE GATE.

BUT AGAIN, ALSO A SOUND QUESTION.

SO MARK, PLEASE STAY. HERE'S THE LOCATION OF THE.

CURRENT GATE. OPENING OF THE EIGHT FOOT CMU WALL.

IT'S A PROPOSED BARRIER WOULD EXTEND IF IT'S I CALL IT.

THE EAST WING OF THE BARRIER EXTENDS THE NORTH SOUTH DIRECTION.

CORRECT. FAR ENOUGH.

SO THAT INCLUDES SHOULD INCLUDE SIGHT LINE.

OTHERWISE YOU'D BE LOOKING AT THAT THAT SOUTHERNMOST ROAD BATTERY ROTATORS AND TRANSFORMERS.

WHERE'S YOUR OTHER ENTRANCE? ENOUGH OF THAT. SEE, THAT'S.

SEE IT THERE. IT WAS NOT MY MODEL.

[01:20:06]

I MEAN, WE HAVE TO LOOK INTO THAT.

I'M SORRY, BUT I THAT'S NEWS TO ME AS WELL.

THE ENTRANCE WAS NOT SUPPOSED TO BE COMING OFF OF LIVE OAK.

IT WAS ONLY SUPPOSED TO BE SECONDARY IS LIVE OAK.

CAN YOU LIKE DIRECTIONALLY? WHERE'S THE LIVE OAK? WHEN THEY WERE.

OH, WE'RE NOT ALLOWED TO GO THROUGH THAT GATE.

SO THIS IS LIVE OAK HERE COMING STRAIGHT IN.

THIS IS MURRAY RANCH ROAD COMING UP FROM THE SOUTH, WHICH COMES INTO THAT CORNER HERE.

OH, THAT'S NOT DISPLAYED THERE, BUT WE ONLY HAVE ONE ACCESS TO SITE.

AND IT'S THIS.

YEAH. THAT'S NOT.

YOU'RE SUPPOSED TO. THIS IS IN LIKE A NEIGHBOR'S HOUSE.

THAT'S RIGHT. SO BUT THAT WAS THAT WAS VERY WE DON'T OWN THAT PROPERTY.

BUT THE ROAD MURRAY RANCH ROAD, Y'ALL WERE SUPPOSED TO BE COMING IN AND OUT OF THAT MR..

WE DON'T HAVE, LIKE AN ACCESS EASEMENT FROM THAT LANDOWNER.

THAT EXPLAINS A LOT. SO.

BUT HIS TRAFFIC.

THE FARM. OH, YEAH.

I MEAN, IT COULD EASILY BE.

WHY NOT? I MEAN, YEAH, I'M NOT SURE YOU'RE DOING YOUR BEST.

THAT'S OKAY. THAT'S MY UNDERSTANDING, IS THAT, I MEAN, I'LL DIG THROUGH, BUT MY UNDERSTANDING IS THAT WE ONLY HAVE ONE ACCESS EASEMENT, AND IT'S FROM THE THE ONE THAT'S SUPPOSEDLY THE PROBLEM.

THE OTHER ONE THAT YOU IDENTIFIED IS NOT AN ACCESS EASEMENT FOR OUR SITE.

MURRAY WRENCHES PRESENT.

YES, BUT DON'T YOU REMEMBER THE THE ASSURANCES THAT THE PEOPLE ON LIVE OAK WERE GIVEN THAT THEY THAT WAS NOT GOING TO BE THE MAIN ENTRANCE TO THAT FACILITY.

THAT WAS ONLY SUPPOSED TO BE SECONDARY.

AND WE SAID ALL CONSTRUCTION AND EVERYTHING WOULD BE COMING DOWN MURRAY RANCH ROAD, AND THAT WAS GOING TO BE THE ONLY MAIN ACCESS.

UNTIL DURING CONSTRUCTION THEY USED.

THAT'S I MEAN, THAT'S BEEN MY ISSUE WITH THIS WHOLE PROJECT WAS I FELT ONCE IT WAS APPROVED, IT WAS OUT OF SIGHT, OUT OF MIND, AND THINGS WERE DONE DIFFERENTLY. AND I MEAN, WE'RE TRYING TO FIX IT NOW, AND THAT'S A LITTLE AGGRAVATING TO SOME EXTENT.

SO YOU CAN ADD THAT TO THE LIST OF THEY WERE SUPPOSED TO KEEP VEGETATION AND THEY DIDN'T.

IT WAS SUPPOSED TO BE HIDDEN FROM VIEW.

AND IT'S NOT. IT WAS SUPPOSED TO BE LESS THAN 55DB AND IT IS NOT.

AND THIS IS FROM THEIR PRESENTATION FROM OCTOBER OF 2019.

MAYOR CAN I ASK YOU? I'M LOOKING AT THE 2020 ORDINANCE, AND I'M JUST TRYING TO KEEP TRACK FROM A LEGAL STANDPOINT, FROM WHAT WE MAY HAVE TO ADDRESS LATER.

BUT THE 2020 ORDINANCE SAYS THE PRIMARY ACCESS SITE WILL BE PUBLIC AND THROUGH MURRAY RANCH ROAD.

CORRECT. OKAY.

THAT PART IS CORRECT.

THE DEVELOPER WILL RECONSTRUCT MURRAY RANCH ROAD AS A CONCRETE OR ASPHALT SURFACE.

DID THAT HAPPEN? YES.

YES, YES.

LIVE OAK WILL SERVE AS AN EMERGENCY ACCESS EASEMENT.

CORRECT. THAT'S HAPPENING.

OKAY. NO, THAT'S THE MAIN ENTRANCE NOW.

YEAH. WHAT THEY'RE USING, THEY DON'T EVEN HAVE AN ENTRANCE OFF OF MURRAY RANCH ROAD.

OKAY. AND THEN THE.

WELL, THEY ACTUALLY DO.

THE EMERGENCY ACCESS SHALL AT A MINIMUM BE 20FT WIDE.

DOUBLE SWING, DOUBLE LEAF GATE, CHAIN LINK WITH FABRIC KNUCKLED TOP AND BOTTOM.

THAT'S TRUE. WE GOT THAT. OKAY.

I'M WITH YOU NOW. SO THAT WAS MISSED IN THE CONSTRUCTION? YEAH. I MEAN, JUST LAST POINT, I'LL REACH OUT TO THE PEOPLE THAT ACTUALLY CAN ANSWER THAT QUESTION AND WE'LL GET BACK TO YOU.

I AM NOT THE PERSON TO SPEAK TO THAT, SO I'M SORRY.

I'M SURPRISED THAT THE RESIDENTS OVER THERE ARE NOT HERE TONIGHT BECAUSE THEY'VE GIVEN ME AN EARFUL.

ON THE OPERATIONS SIDE, YOU KNOW, THE VEGETATION THAT COUNCILWOMAN DANIELS MENTIONED AND WAS AGREED TO.

YOU KNOW, WHAT DO WE NEED TO DO TO GET THAT ROLLING? GOOD EVENING, MAYOR AND COUNCIL.

COUNCILMAN. SO THE VEGETATION THERE WAS A NUMBER OF PLACES WHERE VEGETATION WAS PRESERVED AND VEGETATION WAS PLANTING PLANTED.

WE DID GO OUT AND WALK THE SITE HERE.

YOU KNOW, IN THE LAST, I WOULD SAY SIX MONTHS OR SO.

AND WE'VE IDENTIFIED AREAS WHERE SOME OF THE PLANTS THAT WERE PLANTED HAVE NOT SURVIVED.

SO WE ACTUALLY HAVE ALREADY GOTTEN SOME QUOTES FROM LANDSCAPERS TO GO OUT AND REPLANT SOME OF THAT.

SO OUR GOAL IS TO DO SOME REPLANTING.

AND WE ALSO WENT AND VISITED, YOU KNOW, WHEN WE WERE ON THE NEIGHBORHOODS SPREADING OAKS LOOKING, YOU KNOW, FROM THE BACKYARDS OVER INTO OUR

[01:25:09]

FACILITY. YOU KNOW, WE WE ACKNOWLEDGE THAT YOU CAN SEE THE TOPS OF SOME OF THESE BATTERY ENCLOSURES.

I THINK THAT IN SOME WAYS THE VISUAL IMPACT OF THE NOISE BARRIER WILL ACTUALLY HELP WITH THAT A LITTLE BIT BECAUSE YOU KNOW, WE'RE TRYING TO COME UP WITH A COLOR THAT WILL MAKE THAT BLEND IN BECAUSE THE WHITE IS STRIKING, ESPECIALLY IN THE WINTER TIME.

THE TOPS OF THE BATTERY STRUCTURES ARE WHITE.

SO I THINK THAT THE INSTALLATION OF THE NOISE BARRIER WILL HELP A LITTLE BIT WITH THE VISUALIZATION OR VISUAL SCREEN.

AND THEN WE ALSO NOW HAVE A GOOD SENSE OF WHAT IT LOOKS LIKE AND WHERE WE SHOULD TARGET OUR PLANTINGS, ADDITIONAL PLANTINGS.

AND WE ARE TARGETING PLANTINGS AT THREE DIFFERENT LEVELS SO THAT WE DON'T JUST HAVE TREES THAT GROW UP AND THEN THERE ARE NO LEAVES AT THE BOTTOM.

SO WE WOULD DO YOU KNOW, TREES AS WELL AS SHRUBS SO WE COULD GET THE FULL COVERAGE.

OKAY. THANK YOU. SURE.

SO JUST CURIOSITY, WHEN DO YOU EXPECT THAT TO SINCE YOU'VE CONTRACTED CONTACTED CONTRACTORS? YES. SO WE ACTUALLY HAVE A PROPOSAL AND WE WERE ACTUALLY JUST LOOKING AT REFINING THE LIST OF SPECIES THAT WE WANTED TO USE.

SO I THINK WE COULD COMMIT TO DOING THAT WITHIN THE NEXT SEVERAL MONTHS.

THAT WAS MY CONCERN.

MY CONCERN IS IF YOU KNOW ANYTHING ABOUT SOUTHEAST TEXAS, IT'S HIT OR MISS.

YOU COULD GET A MONSOON FOR ONE WEEK AND THEN RUN INTO THREE WEEKS OF 100 DEGREES.

NO RAIN. SO GETTING VEGETATION INTO THE GROUND, IF YOU WERE GOING TO DO IT, IT'D BE LIKE ASAP.

OTHERWISE YOU'RE GOING TO LOSE.

I MEAN, IT'S YOUR MONEY AND YOU DON'T MIND REPLANTING EVERYTHING AGAIN AND A COUPLE MONTHS OR NEXT YEAR THIS TIME, YOU KNOW.

BUT IF YOU'RE GOING TO DO IT, I'D START WORKING FAST TO GETTING THAT IN THE GROUND AS SOON AS POSSIBLE.

I'M JUST, YOU KNOW, APPRECIATE THE FEEDBACK.

THANK YOU. COUNSEL, ANY FURTHER QUESTIONS? MY HOME IS 750FT AWAY FROM THE NEAREST BATTERY.

MY RUDIMENTARY MEASUREMENTS FROM AN APP ON MY PHONE MEASURES THE FAN.

WHEN THEY'RE RUNNING AT 60DB FROM MY FRONT PORCH, DURING THE EXTREME TEMPERATURES, FROM THE FREEZE AND FROM THE SUMMER, I CAN HEAR IT INSIDE MY LIVING ROOM.

IT WAS PROMISED IT WOULD BE MINIMAL IMPACT.

IT WAS PROMISED THAT IT WOULD BE LESS THAN 55DB AT THE PROJECT BOUNDARY, AND SIMILAR TO AN AIR CONDITIONER.

I'M EXTREMELY WORRIED.

WITH FURTHER PROMISES.

WHEN THE FIRST PROMISES WERE NOT KEPT.

THANK YOU. WE'VE HEARD A LOT OF TECHNICAL INFORMATION TONIGHT.

THANK YOU. JUST MAKE IT QUIET.

WHEN IT AIN'T QUIET, THEY'RE GOING TO CALL YOU BACK ON THE CARPET UP HERE TO MAKE IT QUIET.

SO YOU JUST GOT TO DO WHAT YOU GOT TO DO WHAT YOU SAID YOU WAS GOING TO DO.

NOT YOU SPECIFICALLY, BUT THE PEOPLE THAT SOLD THIS TO THE CITY.

NOW, YOU GET TO YOU GET TO HANDLE IT.

OKAY? SO LET'S LET'S TAKE CARE OF THAT.

I SEE YOU NODDING YES.

SO THAT'S AN AFFIRMATIVE. APPRECIATE THAT.

I THINK THE RESIDENTS APPRECIATE THE FACT THAT YOU'VE REACHED OUT AND YOU YOU'VE GONE AND TALKED TO THEM.

AND I MEAN, THEY ALL WANT YOU TO BE SUCCESSFUL, BUT THEY WANT PEACE AT THE SAME TIME.

IF WE CAN REACH THAT HAPPY MEDIUM, I THINK WE'RE ALL HAPPY AND WE CAN GO FORWARD.

BUT I DO THINK THERE NEEDS TO BE ACCOUNTABILITY AND THINGS THAT WE SAID WE WERE GOING TO DO.

IT GETS DONE.

AND NOW I KNOW THE FENCES COME COMING BACK TO US.

IF WE GO FORWARD WITH THIS WE'RE DEFINITELY GOING TO MAKE SURE THAT THAT FENCE IS DONE TO THEIR, THEIR LIKING AND OUR LIKING AS WELL.

SO. AND MAYOR, JUST A REMINDER THAT YOU CAN APPROVE IT WITH CONDITIONS, RIGHT? I WOULD LIKE TO CONSIDER A CONDITION OF A.

WHILE TRYING TO BE FAIR AND REALISTIC ABOUT SETTING A TIME LIMIT ON THIS SOUP. NINE MONTHS GETS US TO THE END OF THE YEAR TO SEE IF WE WANT TO CONTINUE THIS SOUP OR NOT. TYPICALLY GONE WITH ONE YEAR IN THE PAST NINE MONTHS.

[01:30:02]

I MEAN, WHAT DO YOU THINK OF THIS? IS THAT TOO SOON? SO, BECAUSE WE'RE DEALING WITH A MODIFICATION OF A PREVIOUS APPROVAL, I THINK THE CONDITION SHOULD BE POINTED DEFINITELY ON THE REPORTING SIDE, THAT WE WOULD HOLD THEM TO WHATEVER ROUTINE REPORTS THAT WERE MENTIONED THIS EVENING TO VERIFY THAT THEY ARE WITHIN THE LIMITS TO DO THAT AND THEN POSSIBLY HAVE CONDITIONS WHERE THAT REPORT WOULD COME TO YOU AT WHATEVER INTERVAL THAT YOU WOULD REQUIRE IT.

AND AT THAT POINT IN TIME YOU WOULD EVALUATE THE CIRCUMSTANCES TO SEE IF THERE IS ANY FURTHER ACTION THAT NEEDS TO BE TAKEN.

BUT TONIGHT, I DON'T THINK THAT WE'RE CONSIDERING THE USE OF WHETHER OR NOT THIS USE NEEDS TO BE AT THAT PARTICULAR SITE, BECAUSE I THINK THAT TRAIN HAS LEFT THE STATION, BUT WE NEED TO MANAGE WHAT WAS APPROVED UNDER THAT ORIGINAL ORDINANCE.

SO FIXING THE ENTRANCE WOULD BE ONE OF THEM.

STAFF WILL VERIFY WHAT EASEMENTS HAS BEEN MADE WITH THAT NEIGHBOR TO THE SOUTH.

AND THE CONDITIONS THAT WERE MENTIONED IN TERMS OF ACCESS, SO THAT WE WILL MAKE SURE THAT THEY ADHERE TO THE ORIGINAL PROPOSAL.

I'M A LITTLE DISAPPOINTED THAT WE LET THIS GET THIS FAR WITHOUT CATCHING THAT IN THE FIRST PLACE.

I MEAN, HOW DID THIS GET OPERATIONAL AND GO? AND WE DIDN'T EVEN GET THE SECOND ENTRANCE.

I MEAN, YOU'VE YOU BROUGHT IT RIGHT UP AND IT WAS RIGHT THERE.

SO THAT'S ON US.

HONESTLY I LIKE THE IDEA OF A SOUND MONITORING.

SO I THINK THAT NEEDS TO BE A CONDITION OF THE SCP.

I MEAN, SOME OF THESE THINGS ARE HONESTLY NOT YOU'RE NOT AMENDING IT, YOU'RE JUST ASKING THEM TO DO IT.

SOME MONITORING WOULD BE AN ADDITION.

ALL RIGHT. BUT YOUR ENTRANCE VEGETATION IS WHAT WE SAID.

VEGETATION IS NOT IT'S NOTHING NEW.

IT'S HOLDING THEIR TOES TO WHAT THEY AGREED TO.

ON THE OUTSET. YEAH.

I'M NOT PARTICULARLY CONVINCED THAT THE THAT THE MURRAY RANCH ROAD DOESN'T TIE IN TO THE SAME ENTRANCE.

THAT AS A MATTER OF FACT, I'M PRETTY SURE IT DOES.

IT TEASE IT, TEASE INTO THE LIVE OAK ENTRANCE DRIVE BEFORE THEIR MAIN GATE.

YOU HAVE A GATE AT LIVE OAK, AND THEN YOU HAVE A SECONDARY GATE TO THE FACILITY.

IT'S RIGHT BETWEEN THOSE.

THAT IS CORRECT, BECAUSE THAT'S WHERE THE THAT'S WHERE THE TESLA TRUCKS ARE GOING.

OH, OKAY. SORRY.

I THOUGHT YOU MEANT YOUR GATES.

YOU'RE OKAY. I KNEW YOU WEREN'T.

I KNEW YOU WEREN'T AWARE.

YEAH. SORRY.

MY ONE GATE, BUT THERE'S MY BAD.

YEAH. MY, MY YEAH.

MY GRANDMOTHER LIVES RIGHT, RIGHT BEHIND THERE.

I'VE BEEN AROUND THAT PROPERTY FOR A LONG TIME.

CHRIS ACTUALLY GOT ON TO ME ONE TIME FOR RIDING MY DIRT BIKE OVER THERE.

THAT WAS ME. OKAY, I SEE YOU.

YEAH, RIGHT.

THERE IS A SITE PLAN ATTACHED.

THE LANDSCAPE PLAN. IT SHOWS THAT THEY SHOULD BE USING MURRAY RANCH.

MURRAY RANCH ROAD IS JUST POSTED PRIVATE, AND I WILL SAY THAT STAFF IS RELUCTANT TO ENTER, BUT WE HAVE AND SPOKEN TO THE OWNER.

YES. THE OWNER WAS RIGHT HERE WITH US FROM THE VERY BEGINNING.

HE KNEW WHAT OUR CONDITIONS WERE.

YES, SIR. WHO YOU ARE? I JUST WANT TO CLARIFY SO I CAN FIX THE PROBLEM GOING FORWARD.

YOU JUST WANT THE PEOPLE THAT GO ON SITE TO GO THROUGH MURRAY RANCH ROAD, FOLLOWING EXACTLY WHAT WE HAD STATED IN THE ORIGINAL AGREEMENT.

ALL RIGHT. I WILL RELAY THAT.

THANK YOU. YEAH.

AND TO BE CLEAR, THAT ORDINANCE IS IN OUR PACKET AND IT'S ONLINE SO ANYBODY CAN PULL IT UP.

I UNDERSTAND AND I WILL SAY THE MAINTENANCE ON SITE GENTLEMAN IS A RESIDENT OF THE COMMUNITY.

SO WE HAVE BEEN IN CONTACT AND DO HAVE A CONTACT WITH THAT PARTICULAR PERSON.

YEAH. COUNCIL DO WE HAVE ACTION? THANK YOU. MIKE. MAYOR MIKE, MOTION TO APPROVE THE ORDINANCE.

NUMBER 20240326005.

REQUESTING A MODIFICATION TO A SPECIAL USE PERMIT.

IS A BATTERY STORAGE PORT TO CONSTRUCT AN 18 FOOT TALL SOUND WALL WITHIN THE FACILITY.

WITH CONDITION. YOU WANT TO INCLUDE THE CONDITION, WHATEVER.

YOU'VE BEEN PRESENTED TO US.

YES, SIR. WELL, WITH CONDITION, WHATEVER.

WE'RE. CONDITIONS OF THE SOUND MONITORING.

SOUND MONITORING. OKAY, WE'RE AT THE SOUND MONITORING.

IS THERE ANYTHING ELSE? COUNCIL WHILE WE'RE MAKING THE MOTION? WELL, I STILL LIKE THE IDEA OF OF EITHER LIMITING THIS TO A SPECIFIC LENGTH AND TIME IF THAT'S A YEAR, OR

[01:35:07]

HAVING A AS A PART OF A CONDITION THAT THEY APPEAR.

I KNOW IT SOUNDS LIKE THEY'RE GOING TO BE BACK HERE SEVERAL TIMES, BUT I WANT SOMETHING MORE PERMANENT, LIKE A SIX MONTHS FOR A YEAR.

THEY'RE GONNA HAVE TO TEAR THE FENCE DOWN AFTER A YEAR.

YES. YOU DON'T WANT TO DO THAT, DO YOU? I THINK IT'S RENEWABLE.

RENEWABLE? IT'S I MEAN, IT'S IT'S ALL RENEWABLE.

IT'S IT'S SUBJECT TO THEM TO.

THAT'S THE WAY I UNDERSTAND IT.

IF YOU ALL HOLD UP YOUR END OF THE BARGAIN, YOU KNOW, THEN WE KEEP USING THIS, YOU KNOW, CONTINUE ON WITH THE SUP.

I MAKE A SUGGESTION THAT YOU ADD A REPORTING REQUIREMENT, YOU KNOW, SIX MONTHS AFTER THE SCREEN IS OPERATIONAL THAT, YOU KNOW, THERE'S A REPORT BACK TO THE CITY AND THEN THAT BECOMES PART OF THE PERMANENT SUP.

SWIMMING CONTINUES ON THAT EVERY ONCE A YEAR PRIOR TO RENEWAL OR SOMETHING THAT YOU HAVE THIS SELF REPORTING.

MY POOR MOM. SOMEBODY ELSE MAKE THE MOTION.

OKAY. WORDED, WORDED THE WAY YOU WANT IT TO BE WORDED WITH THIS VOTE ON.

WHO MADE THE SUGGESTED MOTIONS? BUT YOU'RE. I'M MOVING MY MOTION.

OKAY. SOMEONE ELSE CAN MAKE THE MOTION.

YOU MAY ALSO WANT TO MAKE THE MOTION.

I'LL MAKE THE MOTION.

DO I NEED TO RUN THROUGH THIS? THROUGH THIS WHOLE THING? YES.

YES, IT HAS BEEN STATED.

IT HAS TO BE VERY CLEAR AT THIS POINT.

ALL RIGHT. I'LL MAKE A MOTION TO APPROVE ORDINANCE NUMBER 20240326-005, MODIFYING AN ADDITIONAL EXISTING SPECIFIC USE PERMIT WITHIN A SINGLE FAMILY RESIDENTIAL.

7.2 DISTRICT SF 7-2 TO ALLOW THE INSTALLATION OF A PROPOSED 18 FOOT TALL ACOUSTIC FENCE TO REDUCE NOISE.

LOCATED AT THE GAMUT IN ENERGY STORAGE PARK, 319 MURRAY RANCH ROAD, ANGLETON, BRAZORIA COUNTY, TEXAS.

AND THE STIPULATIONS THAT WE'RE LOOKING FOR ARE DECIBEL MONITORING.

AND YOU'LL BE ON THIS OTHER ONE AND TIMELINE LOOKING FOR WE'RE LOOKING TO TO HAVE THE SPECIFIC USE PERMIT IN, IN EFFECT FOR 12 MONTHS.

AND I WOULD ALSO LIKE TO ADVISE THAT YOU GUYS SET UP THE THE CONDITION MONITORING EARLY.

I THINK IT WILL HELP YOU KNOW, WHAT YOU'RE DEALING WITH, WITH THE ACTUAL FACILITY BEFORE YOU CONSTRUCT THE WALL.

I THINK THAT'D BE GOOD INFORMATION TO HAVE.

IF YOU HAVE TO PUT IT UP ANYWAY, YOU MIGHT AS WELL PUT IT UP QUICK.

SELF REPORTING.

YEP. OKAY.

I WOULD SAY YOU DO THAT TWICE TWICE A YEAR.

AND THEN THE TWO CONDITIONS OF THE PLANNING COMMISSION YOU HAVE TWO CONDITIONS.

THE TWO CONDITIONS OF THE PLANNING COMMISSION, WHICH ARE MURRAY RANCH ROAD.

AND THAT WOULD BE THE PERMITTING FOR THE 18 FOOT WALL AS WELL AS THE DECLARED EMERGENCY CONDITION.

DO I HAVE A SECOND SECOND THAT.

JUST A MINUTE. YEAH.

YES, SIR. IT WAS A MOUTHFUL.

I DON'T BLAME YOU. CECIL.

FOYE. SOMETIMES I HATE BEING A LAWYER.

YOU KNOW, I AVOID TALKING LEGALESE BECAUSE IT JUST SPIRALS.

BUT Y'ALL THREW US A CURVE BALL, OKAY? AND I UNDERSTAND WHY YOU DID IT, I GET IT.

I'LL DEFER TO THE CITY ATTORNEY, AND I WOULD ADVISE YOU TO CONSULT.

MY UNDERSTANDING IS YOU HAVE FOUR OPTIONS.

THE WAY I READ YOUR ORDINANCE, YOU EITHER APPROVE IN PART AND DENY IN PART OUR REQUEST.

YOU REJECT IN PART APPROVE IN PART.

YOU TABLE IT, OR YOU SEND IT BACK TO PLANNING AND ZONING FOR FURTHER STUDY.

NOW, AGAIN, I'LL LET THE CITY ATTORNEY ADVISE YOU ON THAT, BUT THAT'S MY READING, OKAY? I DIDN'T EXPECT TO. EVEN THAT WOULD EVEN COME UP.

SECOND THING IS, WE DON'T HAVE A SUP THAT'S RENEWABLE.

WE JUST SPENT OVER $100 MILLION.

NO ONE WOULD HAVE BUILT A BUILDING, MUCH LESS A $100 MILLION FACILITY OR MORE, KNOWING THAT IT'S RENEWABLE AT THE WHIMS OF COUNCIL TO CHANGE IT.

OKAY, YOU DO HAVE REMEDIES.

WE HAVE TEST IN THE EXISTING SUP OF SOUND AND IF WE VIOLATE IT, THERE'S NOTHING IN THE SUP SAYS.

BUT IN YOUR ZONING ORDINANCE YOU CAN FINE OR EQUITABLE RELIEF FOR ALL THE OTHER THINGS YOU CAN DO.

[01:40:01]

SO I DIDN'T WANT TO HAVE TO SAY THAT, BUT WHEN YOU SAY THAT, IT'S ALL OF A SUDDEN IT'S ONLY FOR A YEAR OR SIX MONTHS OR NINE MONTHS.

IT SENT SHIVERS INTO THE LENDERS AND INVESTORS, AND EVERYBODY ELSE SAID, WAIT A MINUTE, WE JUST SPENT ALL THAT MONEY.

SO THAT'S ONE ISSUE WE CAN'T COMPROMISE.

WE CAN COMPROMISE ON CONDITIONS AND MONITORING AND STUDIES AND ALL THOSE OTHER THINGS AND LANDSCAPING AND ALL THOSE ARE GREAT.

AND IN FACT, OUR REQUESTED LANGUAGE, WE BACKED OFF OUR REQUESTED LANGUAGE ON THE NOISE LEVELS AND AGREE WITH THE PLANNING AND ZONING COMMISSION AND STAFF.

WE'RE FINE WITH THAT.

YOU KNOW, WE'RE REALLY FINE WITH THEIR RECOMMENDATIONS.

BUT BUT ANYTHING THAT'S GOING TO CHANGE THE TERMS OF THE SUP, THAT'S JUST SOMETHING HONESTLY YOU'D UNDERSTAND.

WE CAN'T AGREE TO NOT YOU'RE NOT ASKING FOR APPROVAL.

BUT I'M JUST SAYING DON'T MAKE ME WRITE A LETTER TOMORROW.

YOU KNOW, SAY, HEY, YOU BETTER.

YOU KNOW, YOU SEEK YOUR LAWYER'S ADVICE.

YOU MAY WANT TO GO INTO EXECUTIVE SESSION AT SOME POINT.

WELL, WHAT I CAN SAY IS THAT THE ITEM THAT'S BEFORE YOU IS AMOUNT THE AMENDMENT TO THE SUP.

A NEW, YOU KNOW, A NEW CONDITIONS TO ASK YOU.

OKAY. SO ALL WE CAN DO IS MAKE A DECISION BASED ON WHAT IS IN FRONT OF YOU.

SO IN TERMS OF THE OPTIONS THE APPLICANT CAN REMOVE CAN CAN WITHDRAW THEIR APPLICATION.

YOU CAN DENY.

YOU CAN APPROVE.

YOU CAN APPROVE WITH CONDITIONS.

YOU CAN TABLE IT.

NOW, HAVING SAID THAT, WE HAVE A LAW HERE CALLED THE SHOT CLOCK LAW.

I HAVE NO IDEA WHERE WE ARE ON HOW MANY DAYS.

I DON'T KNOW ANYTHING ABOUT WHERE HOW LONG THE PERIOD HAS BEEN.

THE APPLICANT, HOWEVER, CAN AGREE TO WAIVE ANY ARGUMENT OR ANY OBJECTION TO OUR STATUTORY SCHEME, THE SHOT CLOCK LAW. SO THOSE ARE ACTUALLY THE OPTIONS.

SO WHAT WE'RE TALKING WE ARE NOT TALKING TONIGHT ABOUT THAT ORDINANCE FROM 2020.

WE'RE TALKING ABOUT THIS NEW THING THAT THEY WANT TO DO.

SO IF I HEARD MR. TOWNSEND CORRECTLY, HE WANTED TO HAVE HE WANTED TO APPROVE THE NEW ORDINANCE FOR A YEAR, WHICH, AS MR. ROBERTS SAID, WELL, WOULDN'T THAT MEAN THAT AFTER A YEAR, ONCE THAT ORDINANCE RUNS, ONCE THE THE AMENDMENT RUNS, THAT YOU WOULD HAVE TO TAKE THE WALL DOWN? AND THE ANSWER IS THERE IS A POTENTIAL FOR THAT FROM A LEGAL STANDPOINT THAT THEY WOULD HAVE TO REMOVE THE WALL BECAUSE THEY WOULD NO LONGER BE IN COMPLIANCE WITH THE ORIGINAL SOUP. IT'S LIKE A DOG CHASING ITS TAIL.

THAT'S RIGHT. SO I THINK THAT'S A BETTER PICTURE OF WHAT YOUR OPTIONS ARE.

BUT I THINK HE'S MADE HIS POSITION PRETTY CLEAR.

OKAY. WELL, I JUST WANT TO ADD, I THANK YOU FOR CLARIFYING THAT IF YOU'RE ONLY GOING TO SAY THE WALLS ARE HALF $1 MILLION.

OKAY. IT'S NOT CASUAL.

AND SO I WISH YOU WOULD YOU MAY HAVE DOUBTS.

YOU MAY HAVE QUESTIONS. YOU MAY WANT TO LOOK AT THE DESIGN WHICH THE CITY IS GOING TO APPROVE, THAT THE DESIGN, THE MECHANICS AND THE STRUCTURAL PART.

BUT OUR GOAL WAS TO COME IN HERE AND GET TO WORK ON THE BARRIER AS SOON AS POSSIBLE, BECAUSE WE CAN SPEND SIX MONTHS A YEAR.

THAT'S NO RELIEF TO THE NEIGHBORHOODS.

AND IF YOU'RE TRYING TO PROTECT THE NEIGHBORHOODS, LET US BUILD IT.

IF IT DOESN'T WORK AND WE'RE VIOLATING THE SOUND REQUIREMENTS, THEN YOU HAVE REMEDIES.

BUT LET US GET IT BUILT.

I THINK THAT'S WHAT WE'RE SAYING.

YEAH, BUT BUT IF IT'S ONLY FOR A YEAR, WE WANT TO REVIEW IT AND SEE IF IT'S WORKING.

RIGHT. IF, LIKE YOU SAID, IF IT'S NOT WORKING, THEN WE CAN FIGURE OUT ANOTHER SOLUTION.

WELL, MAYOR, IF YOU THINK THROUGH IT, YOU PROBABLY WOULDN'T TELL US TO TAKE IT DOWN.

YOU'D PROBABLY SAY YOU NEED TO DO SOMETHING ELSE.

CORRECT? WELL, YOU ALREADY HAVE THAT RIGHT.

IN THE SOUP, YOU HAVE THE NOISE PERFORMANCE LEVELS CURRENTLY THAT IF THEY'RE NOT MET, YOU DON'T NEED TO DO ANYTHING.

YOU CAN SEEK WHATEVER REMEDIES YOU HAVE UNDER YOUR ZONING CODE, WHICH IS FINES AND INJUNCTIVE RELIEF.

AND YOU SAID YOU'RE GOING TO COME BACK WITH A WITH ADDITIONAL ENGINEERING STUDIES ON ON WHAT WE'RE GOING TO DO IT BECAUSE IT'S THE RIGHT THING TO DO.

AND WE GOT TO MAKE SURE WE'RE COMPLYING WITH THIS.

YUP. BY THE WAY, WE'RE GIVING YOU THE AMMUNITION.

IF IT'S NOT WORKING YOU'RE GOING TO SAY I GOT YOU I MEAN I YEAH, I MEAN, BY THE WAY, IT WASN'T CASUAL THAT WE AGREED TO DO A TEST AND GIVE IT TO YOU, BUT IT'S FULL DISCLOSURE AND BUT YOU HAVE TO THINGS SHOULD BE HANDLED SHOULDN'T THEY.

PARDON. THAT'S WHAT I SHOULD THINK SHOULD BE HANDLED.

IT SHOULD BE I AGREE AND THEY APOLOGIZE.

YOU'RE JUST DOING WHAT YOU SHOULD DO.

WELL IT'S NOTHING SPECIAL.

YOU'RE JUST NOT I DON'T DISAGREE WITH THAT.

I DON'T DISAGREE WITH THAT.

ESPECIALLY IN LIGHT OF WE'RE ASKING FOR PERMISSION TO CHANGE THE IF WE WERE TO CHANGE THE MOTION TO SAY THAT IT'S A REVIEW OF THE AMENDMENT IN ONE YEAR AS

[01:45:08]

OPPOSED TO THE SUP, YOU FEEL A LOT BETTER BECAUSE YOU'RE SAYING MAYOR CAN'T CHANGE IT ANYWAYS, LET'S IF IT DOESN'T HAVE TO DO WITH WHAT WE'RE ERECTING, WE'RE NOT.

YOU'RE NOT GIVING US CARTE BLANCHE TO VIOLATE THE NOISE REQUIREMENTS.

YOU'RE JUST ALLOWING US TO SPEND MONEY TO MITIGATE SOME OF THE PROBLEMS THE NEIGHBORHOOD'S EXPERIENCING.

AND AND SO I CAN'T IMAGINE A SCENARIO WHERE YOU'D SAY, TAKE IT DOWN.

WHY WOULD YOU? YEAH, BUT YOU MAY SAY, HEY, YOU GAVE US THE TEST RESULTS AND THEN WORKING AND AND YOU'RE VIOLATING THE SUP, AND THEN YOU HAVE PLENTY OF REMEDIES.

WELL, AREN'T YOU HERE TODAY BECAUSE YOU'RE ALREADY IN VIOLATION OF THE SUP? YES. NO.

WE WERE HERE TODAY BECAUSE A THERE WERE COMPLAINTS.

WELL, I MEAN, AND WE WENT DOOR TO DOOR AND TALKED TO 30 OR 40 PEOPLE OR KNOCKED ON EVERYBODY'S DOOR AND THEY AND THERE WERE PROBLEMS THAT WE RECOGNIZED.

THEIR PROBLEMS, WHETHER IT VIOLATE OR NOT, DOESN'T MATTER.

YOU KNOW, WE HAVE A RESPONSIBILITY TO DO WHAT WE CAN.

WE'RE OFFERING SOLUTIONS.

NO ONE'S HAD A BETTER SOLUTION.

YOUR SOLUTION FOR THE WALL.

OUR SOLUTION IS ONE OF OUR SOLUTIONS, NOT CONTAIN THIS.

WE'RE STILL WORKING WITH THE MANUFACTURER.

WE'RE GOING TO WORK ON THE LANDSCAPING.

AND I THINK WHAT CHRISTINA SAID IS THE HEIGHT OF SOME OF THAT WILL HELP MITIGATE THE NOISE.

CERTAINLY THE VISUAL PART, IT'S NOT A ONE STOP ANSWER.

WE THE WHAT MARK SAID WAS, IN HIS OPINION, THEY GOT 800 SOUND ENGINEERS AND ENGINEERS IN THEIR FIRM.

HIS OPINION WAS AFTER STUDY.

IT'S GOING TO BE WITHIN THE CONFINES, THE PARAMETERS.

HE'S TOLD THEM IT'S IT'S A SPENT A HALF MILLION DOLLARS TELL ME IT'S GOING TO BE IN THE FUTURE.

PARDON. IT'S GOING TO BE IN THE FUTURE.

WELL IT'S GOING TO BE WHEN IT'S BUILT RIGHT.

WITH THE ADDITIONAL FENCE, WHICH MEANS IN THE PRESENT THAT YOU ARE NOT WITHIN THE CONFINES OF THE CURRENT.

WELL, YOU'RE KIND OF PUNISHING US.

WE'RE TRYING TO HELP. AND I'M NOT TRYING TO PUNISH, YOU KNOW, WHY WOULDN'T YOU GIVE US? I'M ECHOING A LOT WITH MR..

I THINK THAT'S A FAIR ASSESSMENT. NO, NO, MR. SARTAIN HAS MADE A GOOD POINT.

WE ARE ASKING YOU TO HOLD UP TO YOUR END OF THE BARGAIN.

YOU'VE COME TO US WITH THIS AMENDMENT, IF YOU WILL, TO THIS SUP.

ALLOWING FOR THIS ADDITIONAL WALL TO PROVIDE A POTENTIAL ADDITIONAL BARRIER FOR SOUND.

YOU'VE ASKED FOR ANOTHER EXCEPTION IN THE CASE OF, YOU KNOW, A HIGH EMERGENCY SITUATION AND ALL WE'RE ASKING FOR IN RETURN.

IS FOR YOU TO FOLLOW THE ORIGINAL SOUP, WHICH HAS CERTAIN SOUND DECIBEL LEVELS THAT AREN'T BEING MET.

VEGETATION THAT WAS NEVER DONE PROPERLY OR IT'S DIED.

AND I UNDERSTAND THAT HAPPENS.

THAT HAPPENS. IT'S NOBODY'S POINTING FINGERS THAT HAPPENS.

AND A COUPLE OTHER THINGS SUCH AS ENTRANCES AND STUFF LIKE THAT, BECAUSE WE DO HAVE OTHER RESIDENTS, NOT JUST IN THIS NEIGHBORHOOD, BUT OTHER NEIGHBORHOODS THAT HAVE TO DEAL WITH IT. WE'RE REALLY NOT ASKING FOR MUCH IN RETURN.

ALL WE WANT TO DO IS TO KNOW THAT WE'RE GETTING A GOOD PRODUCT IN RETURN.

AND I THINK COUNCILMAN DANIEL, COUNCIL MEMBER SO WHAT? SO WHAT? SO ALL I'M DOING ASKING IS FOR A IS IS FOR HAVING A YEAR IS IS A WAY.

AND YOU SAY WE HAVE OTHER MECHANISMS OF REDRESS.

WHAT I WAS TRYING TO DO IS ADD ANOTHER MECHANISM FOR REDRESS IS THAT AFTER A YEAR YOU CAN SHOW US IN GOOD FAITH THE EFFORTS THAT YOU'VE MADE, AND WE CAN TEST AND WE CAN HAVE THESE SAME RESIDENTS COME BACK TO US AND SAY, THIS IS WORKING OR WE STILL HAVE A PROBLEM.

WELL, AND AND THAT WAY WE COME BACK AS A WAY OF ADDRESSING THE PROBLEMS THAT HOPEFULLY ARE CORRECTED.

BUT IF THEY FAIL TO BE CORRECTED NOW WE ARE LOOKING AT ANOTHER OPTION.

BECAUSE YOU RUN A BUSINESS, I WANT YOUR BUSINESS IN IN ANGLETON I DO.

I WANT IT HERE IN ANGLETON.

I ALSO HAVE A RESPONSIBILITY TO THE PEOPLE WHO LIVE IN ANGLETON.

SURE. SO AND A LOT OF THESE PEOPLE HAVE SPENT GOOD, HARD EARNED MONEY TO BUILD A HOUSE IN A NICE NEIGHBORHOOD THAT THEY CAN PEACEFULLY ENJOY.

WE'LL SAY FOR THE REMAINDER OF THEIR LIVES.

I DON'T KNOW HOW THAT'S GOING TO WORK OUT, BUT PEOPLE CHANGE PATHS IN LIFE.

BUT ANYWAY, IT'S JUST I'M TRYING TO GET THAT BALANCE AND THAT'S ALL.

THAT'S WHERE I AM. I GET THE REPORT.

LET ME ASK YOU, CAN I ASK A QUESTION? I'M SORRY. I DIDN'T MEAN TO INTERRUPT.

WHAT HAPPENS? WELL, WE'RE GOING TO KNOW IN SEVERAL MONTHS AFTER IT'S ERECTED IF IT'S WORKING, AT LEAST IF IT'S WORKING, THEN.

SO THEN WHAT? WHY DO WE NEED TO COME BACK? I MEAN, IF IF WE'RE TESTING AND IT'S WITHIN THE LIMITS.

WHY DO YOU NEED A HAMMER? MAKE SURE EVERYTHING'S WORKING THE WAY.

WELL, WE'LL KNOW IN 2 OR 3 MONTHS.

[01:50:02]

BUT WHAT'S THE MECHANISM TO BRING IT BACK? TO MAKE SURE THAT EVERYONE HAS A VOICE AND WE HAVE A PUBLIC HEARING AND EVERYBODY CAN HAVE A DISCUSSION.

A MECHANISM IS.

WELL, FIRST OF ALL, IF IT'S BEING TESTED AND WE FOLLOW THE RULES OF THE SOUP, THEN I'M NOT SURE I UNDERSTAND.

SO YOU'RE SO YOU'RE SO CONFIDENT IT'S GOING TO WORK THAT YOU DON'T WANT TO SHOW BACK UP TO TALK.

THEY ARE I'M NOT I'M NOT NOISE THE NOISE GUY BUT SAYS HE'S CONFIDENT.

BUT THINK ABOUT WHAT I'M SAYING.

WE'RE SO CONFIDENT IT'S GOING TO WORK THAT WE DON'T WANT TO SHOW BACK UP AND AND TAKE PRAISE FOR IT WORKING.

WELL, PUT YOUR BUSINESS HAT ON FOR BUSINESS, GUYS.

24 SEVEN PUT A BUSINESS OUT.

YOU'RE SAYING COME BACK AND WHAT HAPPENS? HAVE A HEARING. OKAY, BUT WHAT'S GOING TO HAPPEN? IT'S NOT FROM A DEFINITIVE POINT OF VIEW AND DRAFTING AN ORDINANCE OR SOMETHING.

WHAT IS THE REVIEW? OKAY. YOU DO YOUR JOB, NOTHING HAPPENS.

YOU FAIL TO MEET YOUR JOB.

THEN WE TAKE ADDITIONAL ACTION.

I MEAN, THAT'S THE JOB.

IS THE SOUND TESTING, RIGHT? IS IS THE TESTING OF THE NOISE? THAT'S THAT'S THAT'S THE THAT'S THE CRUX OF WHY WE'RE HERE.

YES. OKAY.

BUT I GUESS I'M TRYING TO CONNECT THE DOTS BETWEEN WE ERECT IT, WE SPEND HALF $1 MILLION.

THE TESTING SAYS IT'S IN MONTHS.

WE DON'T HAVE TO WAIT A YEAR.

I MEAN, WE CAN'T WAIT A YEAR BECAUSE YOU'RE GOING TO BE HEARING FROM THEM EVERY DAY, AND WE'RE GOING TO BE CITED BY THE CITY AND USE ALL YOUR REMEDIES.

WE CAN'T WAIT A YEAR IF IT'S NOT WORKING.

OKAY, HOW ABOUT THIS? TELL ME WHEN YOU HAVE PROJECT WILL BE DONE.

I BEG YOUR PARDON? TELL ME WHEN YOUR PROJECT WILL BE DONE.

I ASK THAT QUESTION.

TELL ME IF I'M WRONG.

OH, THERE IT IS. IT.

ASSUMING WE GET APPROVAL TODAY.

ERECTION IN THE SUMMER.

THAT'S FROM IT. YOU GOT TO.

HOW LONG DOES IT TAKE TO GET A PERMIT ON THE PERMIT PROCESS? IT'S. Y'ALL CONTROL THE PERMITTING.

OKAY, SO LET'S SAY YOU SIX MONTHS, YOU HAVE TO HAVE IT DONE.

SIX MONTHS. THAT WOULD BE.

SEPTEMBER. YEAH, I'D RATHER APRIL, MAY, JUNE.

JULY. OCTOBER. YEAH.

I'D RATHER END OF SEPTEMBER, IF YOU DON'T MIND.

I MEAN OCTOBER.

WELL I THINK YEAH, I THINK THE CAVEAT, AS LONG AS WE GET A PERMIT TIMELY, THE, THE CURRENT, THE CURRENT MOTION GIVES YOU TILL NEXT SPRING.

I DON'T KNOW ANYTHING ABOUT THAT.

BUT AGAIN, ON THIS, YOU WANT TO SEE THE DESIGN AND THE STRUCTURAL AND ALL THAT.

I MEAN, AS LONG AS IT'S TIMELY DONE.

THEY SAID THEY'RE GOING TO THEY THEY HEY, LISTEN, IT BEHOOVES THEM TO DO IT AS SOON AS POSSIBLE.

DELAY DOESN'T HELP ANYBODY, CERTAINLY DOESN'T HELP THE NEIGHBORHOOD AND DOESN'T HELP US.

WE WANT IT. WE WANT IT DONE AND WORKING.

I MEAN, WE'RE IN A HURRY.

SO LET US GET THE THE THING BUILT.

I DON'T I DO UNDERSTAND COMING BACK TO REPORT YOU CAN HAVE A HEARING TO REEVALUATE.

I GOT THAT AND THAT'S THAT'S MORE THAN FAIR.

OKAY. AND I DON'T THINK WE HAVE TO WAIT A YEAR.

WELL, I THINK YOU'RE. BUT IF YOU WANT A YEAR, YOU PICK A NUMBER.

BUT I THINK THE SOUND DIFFERING BETWEEN THE SEASONS.

SO. YEAH, IT WOULD SOUND GOOD.

YOU'D HAVE MORE CHANCE, MORE EXPERIENCE.

SO WE'RE GOING TO BE KEEPING YOU INVOLVED IN THIS PROCESS.

I MEAN, IF THEY'RE ALL WRONG WE GOT A BIG PROBLEM.

I AGREE WE GOT A BIG PROBLEM.

BUT WE'RE WE'RE PUTTING OUR MONEY WHERE WE THINK IT IS.

IT DOESN'T BIAS ANYTHING OTHER THAN MAKE IT BETTER.

NOBODY AND UNDERSTAND NOBODY'S CALLING ANY ANYBODY UNFAIR HERE.

THAT'S THAT'S. NO I KNOW YOU ARE I KNOW YOU YOU'VE GOT A CONSTITUENCY AND AND AND I'M JUST TRYING TO FIND OUT WHAT WE CAN DO AND NOT DO.

I WANT THEM TO I'VE YOU BUILD IT, HOPE.

FINGERS CROSSED. MORE THAN GUESSING THAT IT WORKS AS REPRESENTED THAT IT'S GOING TO WORK.

AND WE'RE, YOU KNOW, WE'RE DEALING WITH LANDSCAPING AND ACCESS AND ALL THOSE THINGS.

WE'RE GOING TO DO THAT ANYWAY REGARDLESS OF WHAT HAPPENS IF YOU DO EXACTLY WHAT YOU SAY YOU'RE GOING TO DO TONIGHT, WE'RE NOT GOING TO HAVE ANY PROBLEMS. SO I WOULD.

COUNCILMAN IS YOUR MOTION OR SOMEBODY'S MOTION IS THAT YOU ASK US TO COME BACK AND REPORT IN AND DEMONSTRATE LEVELS AND WORK WITH STAFF ON ISSUES OF ACCESS, LANDSCAPING AND AND ALL THE OTHER THINGS, BUT BUT CERTAINLY A REPORTING WITH RESULTS OF OF TESTING.

YEAH. THAT'S WHAT'S. YEAH, YEAH, YEAH.

BUT AGAIN THAT'S, THAT'S DIFFERENT THAN OUR SUP AT RISK.

THAT'S WHY I ASKED YOU IF I CHANGE IF I SAID THAT.

NOT THAT WE'RE GOING TO REVIEW THE SUP BUT REVIEW THE AMENDMENT.

WOULD THAT MAKE YOU FEEL BETTER.

WELL AGAIN THAT GOES BACK TO WHAT HAPPENS.

THE AMENDMENTS TO THE WALL. WE DON'T WANT TO HAVE TO TAKE DOWN THE AMENDMENT IS THE WALL IF IT'S WORSE, THE WALL.

AND THAT'S WHAT WE GOT TO CHECK.

SO. WELL, MAYOR I CAN'T TELL YOU WHAT TO DO.

[01:55:03]

YOU KNOW, IT'S YOUR CITY AND I CAN'T MAKE A MOTION.

YEAH, BUT I WOULD I WOULD ASK FOR CERTAINLY AGREEABLE TO COME BACK AND REPORT.

WE'RE GOING TO SPEND AS SOON AS YOU SAY.

YES. TONIGHT WE'RE GOING TO SPEND THE MONEY AND IT'S GOING TO BE BUILT AND AND YOU'RE.

I WOULD JUST URGE YOU TO CONSIDER YOUR REMEDY AS A BIG HAMMER, WHICH IS THE NOISE LEVELS IN THE CURRENT SUP WHICH REMAIN.

THEY DON'T CHANGE.

AND THAT'S OUR RISK.

WE'VE GOT TO MAKE SURE WE'RE IN CONFORMANCE WITH THAT.

AND WE'RE WORKING WITH THE MANUFACTURER, WHICH HAS NOTHING TO DO WITH YOU ALL.

BUT YOU KNOW, TESLA'S NOT EASY ALL THE TIME, AS YOU CAN IMAGINE, YOU KNOW.

BUT WE'RE BUT WE HAVE A LOT OF LEVERAGE, I THINK IN WORKING WITH THEM FOR SOLUTIONS.

SO OKAY I WORRY THAT IF WE DON'T USE A BIG HAMMER THEN THEIR WORST THING IS GOING TO BE US GIVING THEM CITATIONS. AND THAT'S COMPARED TO THE MILLIONS OF DOLLARS THEY MAKE PER MONTH ON THIS POWER GENERATING PLANT.

IT'S GOING TO BE NOTHING TODAY.

WELL, I'M SORRY, COUNCILWOMAN.

THAT'S NOT FAIR EITHER.

AND AND I'M SORRY YOU LIVE THERE AND I'M SORRY.

I KNOW IT'S ANGUISHING.

AND I'VE BEEN ON I'VE REPRESENTED NEIGHBORHOODS MY LIFE.

AND I KNOW YOU'RE PASSIONATE ABOUT IT.

AND GIVE US A CHANCE BY BUILDING THE WALL OR THE BARRIER AND THEN SEE WHERE WE ARE, THAT A CHANCE WAS ALREADY GIVEN AND, WELL, IT HADN'T BEEN BUILT.

WE WE KNEW WHEN IT WAS ORIGINALLY PRESENTED.

PRIOR TO MYSELF BEING ON COUNCIL, THERE WERE CONDITIONS THAT WERE PRESENTED AND THERE WERE PROMISES THAT WERE MADE AND THOSE PROMISES WERE NOT KEPT.

WELL, I DON'T KNOW ANY CONDITIONS IN THE USGP THAT AREN'T MET OTHER THAN.

QUESTION ABOUT THE NOISE, BUT WE'RE GOING TO FIX THE NOISE.

WE'RE GOING TO BE WITHIN THE GUIDELINES, AND WE'RE WILLING TO COME BACK AND SHARE OUR FINDINGS WITH YOU.

AND BY THE WAY, WE DON'T WE DON'T GAIN ANYTHING BY GETTING A VOTE TODAY AND BUILDING IT AND STILL BE A PROBLEM.

THAT'D BE A TERRIBLE DECISION.

BUT BUT AND BY THE WAY, FOR THE NEIGHBORHOOD MEMBERS THAT ARE HERE, ALL THOSE OTHER EXCEPTIONS HAVE BEEN ELIMINATED.

WE, THE PLANNING AND ZONING, ELIMINATED THOSE OTHER THAN THE ERCOT.

AND WE'VE AGREED WE'RE NOT ASKING FOR ANYTHING OTHER THAN WHAT THE PLANNING AND ZONING SAID.

SO. OKAY.

THANK YOU. COUNCIL ANY CHANGES TO THE AMENDMENT IN THE SECOND? OKAY. I HAVE A MOTION BY COUNCILMAN SARTAIN.

SECOND BY COUNCILMAN BOOTH.

ANY FURTHER DISCUSSION ON THIS.

CALL FOR THE VOTE.

SIGNIFY BY SAYING AYE.

AYE. AYE.

ALL OPPOSED.

MOTION CARRIES. ALL RIGHT.

REGULAR AGENDA ITEM NUMBER SIX.

UPDATE DISCUSSION BY SUSAN SPORE, BRAZORIA COUNTY APPRAISAL DISTRICT BOARD MEMBER AND CITY REPRESENTATIVE.

THIS MORNING. YOU SEEN HER? I COULDN'T. WELL, I GUESS WE JUST DO A QUICK BATHROOM BREAK AND LET EVERYONE.

YEAH, LET'S TAKE A BREAK AT 8:00.

OR LET ME SAY 750 905, AND WE WILL TAKE A FIVE MINUTE BREAK.

SO POSTPONED.

[6. Update and discussion by Susan Spoor, Brazoria County Appraisal District Board member and City representative.]

NUMBER SIX POSTPONED NUMBER SEVEN.

AND WE'RE GOING TO GO STRAIGHT TO NUMBER EIGHT.

[7. Update, discussion, and possible action on the final results of the development phase 1, Facilities Energy Savings Investment Grade Audit, presented by Schneider Electric.]

[8. Update discussion, and possible action on the Henderson Road Project by City Engineer, John Peterson with HDR.]

UPDATE DISCUSSION AND POSSIBLE ACTION ON THE HENDERSON ROAD PROJECT BY CITY ENGINEER JOHN PETERSON WITH HDR.

GOOD EVENING COUNCIL.

I JUST WANTED TO BRING THIS BACK UP IN FRONT OF EVERYBODY.

WE'VE TAKEN A LOOK AT TWO DIFFERENT OPTIONS.

ONE OF THE OPTIONS OPTION ONE HAS MEDIANS THROUGHOUT THE AREA.

OPTION TWO HAS NO MEDIANS.

IT'S JUST FOUR LANES AND TURN LANES ARE NEEDED.

WE IDENTIFIED THE AREAS THAT THE WOULD NEED TO BE ACQUIRED BASED ON THESE.

I DON'T THINK IT'S GOING TO BE ONE OR THE OTHER.

IT'S PROBABLY GOING TO BE A COMBINATION.

SO I WANTED TO KIND OF WALK Y'ALL THROUGH AND SHOW Y'ALL WHAT TO KIND OF LOOK AT AND THE COLORS SO THAT Y'ALL CAN KIND OF LOOK AT IT AFTER THE MEETING AND COME BACK WITH SOME IDEAS AS SOME OF THE THINGS THAT Y'ALL WOULD LIKE TO DO TO WHERE I CAN TAKE THE TWO OPTIONS AND MODIFY THEM TO WHATEVER DESIRE Y'ALL WANT, AND COME BACK WITH A FINAL ONE SO THAT WE CAN IDENTIFY EXACTLY WHAT WE NEED TO LOOK AT.

I'M GOING TO GRAB THIS AND AND COME OVER HERE.

[02:00:03]

CAN WE ZOOM IN A LITTLE BIT ON THIS ONE? ON OPTION ONE, THE AREAS THAT THAT WE HAVE WE HAVE ALL THE TURN LANES SHOWN.

WE HAVE ALL THE SIGNALS, WE HAVE THE ADDITIONAL PROTECTED RIGHT TURN, WE HAVE THE MEDIANS IN IT, THE AREAS THAT WE WOULD REQUIRE WITH JUST A 14 FOOT. AND WE CAN SHRINK THAT MEDIAN.

THAT'S THAT'S ONE OF THE IMPORTANT THINGS I CAN SHRINK THAT IF WE WANT TO DO THAT, IF WE WANT TO KEEP A MEDIAN IN HERE, BUT THE AREAS OUTSIDE ARE THE PINK, ANYWHERE THAT YOU SEE THE PINK, THAT'S THAT'S AREAS THAT ARE OUTSIDE THE RIGHT OF WAY THAT WE WOULD HAVE TO COORDINATE AND TRY TO ACQUIRE ON THIS.

AND YOU CAN FOLLOW IT ALL THE WAY DOWN THROUGHOUT.

THE DRAINAGE IS SHOWN IN HERE, BUT IT'S NOT FINALIZED.

I'M STILL WORKING ON THAT LOCATION.

THERE ARE UTILITIES THAT ARE GOING TO HAVE TO BE MOVED FROM FROM PUBLIC, I MEAN, FROM PRIVATE.

WE'RE GOING TO HAVE TO ADJUST SOME OTHER THINGS, BUT WE'LL GET INTO THAT AT A DIFFERENT DATE.

ALL RIGHT. RIGHT HERE IS AN IMPORTANT AREA I WANTED TO KIND OF POINT OUT TO YOU THIS IS RIGHT HERE IS HERITAGE PARK BUTCHER AND THIS IS HENDERSON.

WELL, ONE OF THE THINGS THAT WE NOTICED WHEN WE STARTED LAYING THIS DOWN AFTER THE SURVEY AND PUTTING THE AERIALS AND STUFF IS ACTUALLY BRUSHY BIO IS ACTUALLY INTO THE CITY RIGHT OF WAY.

AND YOU CAN SEE THE, THE GRAY WHERE THE HIGH BANK IS, WHERE THE, WHERE THE SLOPE PAVING IS, WHICH IS FORCING US TO KICK THIS THING UP HIGHER IN THAT AREA.

AND YOU'LL SEE AN OPTION TWO, WHICH IS NO MEDIANS.

YOU'RE STILL GOING TO HAVE TO COORDINATE RIGHT THERE IN THAT AREA JUST BECAUSE IT'S BEING SQUEEZED DOWN SO MUCH.

LET'S GO TO OPTION TWO.

AND LIKE I SAID, I JUST WANTED TO BRING THIS TO YOUR ATTENTION AND KIND OF GO OVER THE DIFFERENT COLORS AND THE DIFFERENT THINGS.

IF YOU'LL GO DOWN TO THE NEXT ONE, DOWN TO THE BOTTOM ONE.

AS YOU CAN SEE ON THIS ONE, INSTEAD OF PINK, IT'S BLUE.

AND IF YOU START BACK HERE TO THE WEST SIDE, WE'RE REALLY LIMITED ON ON OUR OR, WE REALLY REDUCED THE AMOUNT OF POSSIBLE AREAS THAT WE WOULD HAVE TO ACQUIRE RIGHT OF WAYS.

AND THOSE AREAS ARE JUST DUE TO THE ADDITIONAL TURN LANES AT THE INTERSECTIONS.

SO LIKE I SAID, I DON'T KNOW IF IT'S GOING TO BE ALL OPTION ONE.

ALL OPTION TWO.

I JUST WANT TO START THOSE CONVERSATIONS TO SEE WHAT YOU ALL WANT TO LOOK AT.

REDUCING MEDIANS, TAKING NO MEDIANS.

AGAIN WE'VE GOT AN ISSUE BY THE BY THE SOFTBALL FIELDS.

YOU KNOW THAT THAT AREA WE'RE GOING TO HAVE TO DEFINITELY BRING IT DOWN BY IF YOU GO BACK TO THE EAST.

YOU KNOW, AGAIN, WE'RE PRETTY GOOD EVERYWHERE EXCEPT FOR WHERE WE GOT THE TURN LANES.

YOU CAN SEE THE AREAS THAT WE HAVE, THE TURN LANES AND THEN COME ON, WE'RE GOOD.

EVEN BY THE BY THE FIELD, BY THE BY THE SOFTBALL FIELDS HERE, WE'RE STILL GOOD EVEN BY THERE BY DOING THAT.

SO WE'RE MAKING EVERYTHING FIT AGAIN.

WE'RE BEING PUSHED UP HERE AT BRUSHY BAYOU.

AND THEN WHEN WE COME BACK DOWN, WE'VE GOT A TURN LANE RIGHT HERE ON MEADOWVIEW TO WHERE THAT'S GOING TO PICK THAT UP FOR THAT EXTRA TURN LANE. BUT OTHER THAN THAT, WE'RE BEING ABLE TO BY DOING WITH NO MEDIANS, STAY FOR THE MOST PART INSIDE THE EXISTING RIGHT OF WAY.

AND THAT'S WHAT THE FIVE FOOT SIDEWALK AND THE TEN FOOT SHARED PATH AND THE DRAINAGE.

SO JUST TO KIND OF ROUGHLY GO OVER IT FOR YOU JUST TO GET THIS CONVERSATION STARTED THE HATCHED ARE THE SIDEWALKS.

THERE'S ALSO OTHER HATCHES FOR THE DRAINAGE.

AND THEN YOU CAN SEE THE ROAD AND THE STRIPING OF THE ROAD.

SO I DIDN'T REALLY WANT TO GET TOO MUCH INTO IT.

I JUST WANTED TO EXPLAIN IT TO YOU ALL TO GET THAT, GET YOU ALL TO START THINKING ABOUT THIS PROJECT AND THEN COME BACK EITHER NEXT MEETING OR IF Y'ALL WANT TO COME BACK EVEN LATER MEETING AFTER THAT, AFTER Y'ALL HAD SOME TIME TO TALK ABOUT IT.

AND THEN WE CAN PUT TOGETHER A FINAL, THIS IS WHAT WE WOULD LIKE TO HAVE AND THE REASONS WHY THINGS WE'VE GOT TO REMEMBER, IF WE DO PUT MEDIANS IN, THAT'S GOING TO THAT'S GOING TO, YOU KNOW, FORCE PEOPLE TO GO TO OPENINGS, YOU KNOW, THEY'RE NOT GOING TO BE ABLE TO TURN DIRECTLY INTO BUSINESSES OR OTHER THINGS.

SO IT'S THAT KIND OF STUFF THAT NEEDS TO HAVE THOSE CONVERSATIONS.

ONE OF MY THINGS IS I DON'T THINK WE NEED A TEN FOOT SHARED PATHWAY.

I'LL BE VERY HONEST.

I THINK YOU CAN REDUCE THAT DOWN.

OKAY. I DO THINK YOU DO NEED MEDIANS IN CERTAIN PLACES, EVEN BESIDES THE CENTER TURN, LIKE YOU DID RIGHT THERE AT MEADOWVIEW.

I THINK THAT'S PERFECT. THAT'S WHAT'S NEEDED.

[02:05:04]

I THINK THE.

AROUND THE SCHOOL.

YOU KNOW, THAT'S THAT'S GOING TO BE AN ISSUE.

BUT I THINK WE HAVE SOME WE HAVE THE ABILITY TO WORK WITH THE SCHOOL DISTRICT ON THAT.

AND I CAN I CAN MANIPULATE THOSE MEETINGS.

IF YOU SAY, THIS IS WHERE I WANT THESE MEETINGS.

I DON'T WANT THEM TURNING IN TO THE SCHOOL DISTRICT.

RIGHT. OR TO THE SCHOOL WITH IN ONE OF THOSE TWO LANES.

WE WANT TO HAVE A PROTECTED TURN THERE.

RIGHT? I MEAN, THERE'S DOWN BY 20, DOWN BY VELASCO.

YOU'VE GOT TDECU AND ALL THOSE.

THAT'S A HORRIBLE INTERSECTION.

I, I DON'T THINK WE WOULD WANT THE TURN LANE THERE.

I, I THINK IF THEY WANT TO GO TO TCU, THEY'RE GOING TO HAVE TO GO THE OTHER WAY TO CONGESTED THROUGH THERE.

BUT I'M JUST THINKING, YOU KNOW, YOUR QUESTION WAS WHERE DO YOU NEED TURN TURN LANES? I'M TELLING YOU WHAT I THINK.

I DO THINK THAT, YOU KNOW, THAT LITTLE SHOPPING CENTER ON HENDERSON AND THE DAYCARE PROBABLY NEED SOMETHING.

OTHER THAN THAT, I CAN'T THINK OF ANYTHING ELSE.

AND AGAIN, I THIS IS JUST FOR OPENING DISCUSSIONS, RIGHT? YEAH. JUST JUST TO GET Y'ALL TO.

SO I'M THINKING ABOUT IT.

I'M ONLY REALLY INTERESTED IN MEDIANS IN BETWEEN VALDERAS AND DOWNING.

AND YOU WANT TO PUT SOME TURN LANES INTO THE SHOPPING CENTERS.

THAT'S FINE, BUT EVERYTHING ELSE CAN BE COMPRESSED.

I THINK YOU CAN SHARE, TAKE DOWN THAT SHARED PATHWAY A COUPLE FEET.

WOULD WE WOULD WOULD WE SAY THAT THE MEDIANS NEED TO EXIST ONLY, ONLY WHERE THEY MAY BE NEEDED FOR A PROTECTED RETURN? I MEAN, IF YOU LOOK BETWEEN VALDERAS AND DOWNING, I DON'T SEE ANYBODY.

THERE'S NOWHERE TO GO NORTH ALL IN THAT STRETCH.

THERE'S A WAY TO GO SOUTH. THERE'S BUSINESSES ON THE SOUTH SIDE, AND THERE'S A COUPLE RESIDENCES.

BUT TO THE UN.

SO THAT'S THE WAY I SEE IT.

EVERYWHERE ELSE I SEE FROM BUSINESS TO 88 TO VALDERAS, THERE'S A LOT OF CONSTRUCTION.

I DON'T KNOW IF IT SERVES OR NOT.

CONSTRUCTION TRAFFIC, EXCUSE ME.

SERVES A MEDIAN WELL THERE, BUT.

AND WE CAN DO THIS MANY WAY.

IF Y'ALL WANT TO JUST WRITE YOUR THOUGHTS OR SHOOT ME AN EMAIL OR SOMETHING, I CAN COMBINE WHAT EVERYBODY'S THOUGHTS ARE AND SEND IT BACK OUT FOR FOR EVERYBODY TO SEE WHAT EVERYBODY'S THINKING.

OR I COULD COME BACK AND WE CAN SIT HERE AND GO AREA BY AREA ALL THE WAY DOWN.

IF THAT'S SOMETHING YOU ALL WANT TO DO.

JUST JUST A QUICK QUESTION, JOHN.

HAVE YOU BEEN HAVE YOU BEEN TASKED WITH SEVERAL AMENITIES THAT YOU, THAT YOU, THAT THAT YOU'VE BEEN TOLD WE WANT TO SEE THIS OR ARE YOU JUST THROWING EVERYTHING OUT THAT WE'VE GOT IN OUR I'M JUST I'M JUST PUTTING YEAH.

CONVERSATION STARTER RIGHT NOW.

IT'S JUST MEDIANS ALL THE WAY DOWN.

AND LIKE I SAID, WE CAN REDUCE THEM DOWN.

I'M LEAVING THEM AT 14 TO WHERE YOU CAN PUT SOME PLANTINGS IN THEM WHERE THEY'RE AT.

OR WE CAN REDUCE THEM ALL THE WAY DOWN TO NOTHING.

I DON'T KNOW, I KIND OF FEEL THAT WE WITH WHAT WE HAVE RIGHT NOW, YOU KNOW, I'M I'M REALLY NOT I'M REALLY NOT SET ON A, ON A MEDIAN ANYWHERE THAT THAT WE DON'T NEED TO PUT ONE FOR FOR A TRAFFIC CONTROL ISSUE OR SOME SORT OF A, A TURN, A TURNING LANE AS IT WOULD BE FOR, FOR SAFETY OR SOMETHING LIKE THAT AROUND THE SCHOOL, THINGS OF THAT NATURE.

BUT, YOU KNOW, I DON'T THINK WE WANT TO AND I'M, I'M SPEAKING FOR MYSELF.

I DON'T I DON'T WANT TO TO ADD TO THE PROJECT AND TAKE UP ADDITIONAL SPACE THAT WE PROBABLY DON'T HAVE WITH THE MEDIAN THAT WE DON'T NEED.

OKAY. SO I WOULD SAY, I WOULD SAY MINIMALIST ON THIS IS PROBABLY WHAT WE'RE LOOKING FOR.

YEAH. HOW FAR WOULD THE MEDIAN PROGRESS.

LIKE IF YOU'RE AT DOWNEY YOU'RE NOT GOING TO PROGRESS OUT TO THE CROSSWALK.

RIGHT. THAT'LL BE STOPPED BEFORE THAT TIME.

CAN WE GO BACK TO DOWNEY? RIGHT THERE. RIGHT THERE.

WHAT WE WHAT WE WOULD DO IS.

WE'RE THE WE'RE THE STRIKING IS THE MINIMUM THAT WE CAN DO IS MAKE THAT INTO A MEETING.

IF YOU WANT A MEETING AND THEN LIKE A SMALL 2 FOOT OR 1FT MEETING TO KEEP THE KEEP A CURB THERE FOR PEOPLE CAN'T CROSS.

CORRECT. OR, YOU KNOW, IF WE CAN MAKE IT BIGGER, IF YOU WANT, WE CAN GO ON FURTHER.

YOU JUST NEED TO KNOW, YOU KNOW, THERE ARE PICKUP AND DROP OFFS, RIGHT? THERE'S GOING TO BE TURNING MOVEMENTS.

WE MAY WANT TO BRING THE SCHOOL IN AT A LATER TIME.

THIS ISN'T DESIGNED.

YOU KNOW. THIS IS THIS IS JUST US TRYING TO IDENTIFY AREAS THAT WE NEED TO KIND OF START BUDGETING FOR, FOR RIGHT OF WAY ACQUISITION.

[02:10:09]

YEAH. AND IF YOU WANT, I CAN WORK WITH CHRIS AND WE CAN SEND SOMETHING OVER TO THE TO THE SCHOOL TO GET THEIR COMMENTS TO YOU ON THIS, ON WHAT THEY HOW THEY WOULD LIKE THEIR, THEIR THING TO WORK WITH, WITH MEETINGS IN AS, AS, AS SUCH.

ONE OF MY COMMENTS ON THE SCHOOL IS THAT USED TO BE THE HIGH SCHOOL, AND IT HAD A LOT OF PEOPLE COMING IN AND OUT OF IT.

I DON'T THINK THEY NEED ALL THOSE INSTANCES ANYMORE RIGHT THERE.

SO I WOULD ASK, I WOULD ENCOURAGE THE SCHOOL DISTRICT TO MAYBE DO AWAY WITH SOME OF THOSE AND FOR THE FOOD DRIVES AND STUFF THOUGH, JOHN, I MEAN, BUT I'M STILL SAYING YOU CAN HAVE TWO.

I KNOW, BUT THE CARS COME IN DIFFERENT WAYS FOR PICK UP THEIR KIDS FROM SCHOOL TOO.

THAT'S A THEY'RE ONLY COMING IN ONE WAY, GOING OUT THE OTHER WAY.

NO. BUT DO THEY NEED SEVEN ENTRANCES ON THAT ROAD RIGHT THERE I AGREE.

YEAH. GET THERE. WELL JOHN I DON'T HONESTLY I DON'T KNOW BECAUSE YOU KNOW, IF YOU'VE GOT PEOPLE PARKING OVER THERE FOR OTHER EVENTS, I REALLY HAVEN'T DONE THAT ON IT.

THEY'VE, THEY'VE JUST SPENT A LOT OF MONEY ON THAT SOFTBALL FIELD.

SO YOU CAN'T CLOSE OFF THAT ENTRANCE.

I'M NOT SAYING I'M NOT SAYING CLOSE OFF ANY ONE PARTICULAR.

I'M JUST SAYING DO THEY REALLY NEED SEVEN ENTRANCES RIGHT THERE ON THAT? THAT'S A QUESTION THAT NEEDS TO BE POSED TO THE SCHOOL.

NO, I AGREE WITH OUR AGREED INPUT.

THAT'S WHAT I'M SAYING. DECLARE IT TONIGHT.

WE CAN ASK THEM WHAT CAN YOU DO AWAY WITH AND WHAT HAVE YOU GOT TO HAVE? BECAUSE WE'RE TRYING TO MAKE THIS A MORE, MORE WORKABLE ROADWAY.

I AGREE WITH CECIL.

I JUST SAID NO, I AGREE WITH CECIL, NOT YOU, JOHN.

NEEDS TO GO TO THAT PODIUM.

AS LONG AS YOU SPEAK IN THE MIC.

YEAH, I CAN HEAR YOU.

SIMMER DOWN MAN, GIVE ME.

ALL RIGHT. SO THIS IS JUST A CONVERSATION.

MORE CONVERSATION.

I PERSONALLY WOULD LIKE TO SEE MORE OF A WE'LL CALL IT A TASK FORCE.

A COUPLE OF FOLKS FROM COUNCIL TO, TO BE ABLE TO SIT DOWN WITH YOU AND, AND KIND OF TALK, TALK IT THROUGH AS WE'RE GOING ALONG AND THEN COME BACK AND REPORT TO THE COUNCIL.

I THINK THAT'S AN EXCELLENT IDEA.

AND WE CAN BEAT WE IT'S ALREADY 830.

BUT TO KIND OF REALLY HONE IN ON THE AMENITIES THAT WE'RE LOOKING FOR, ON WHAT WHAT WE REALLY NEED AND WHAT WE HAVE, HOW MUCH IT WOULD COST.

AND AGAIN, SHARE WITH PEOPLE THE TIMELINE IT'S GOING TO TAKE.

IF WE GO, THERE'S A LOT OF MORE STUFF THAT'S.

YEAH, YEAH.

I THINK THAT THE TASK FORCE WOULD BE IS AN AWESOME IDEA BECAUSE IT ALLOWS YOU TO BE TO BRING IN PEOPLE TO CONCENTRATE THE DECISION AND BRING IT BACK TO COUNCIL.

HEY, LOOK, THE PEOPLE WE APPOINTED, YOU KNOW, AISD, YOU KNOW, OTHER, OTHER FACTORS IN THERE, MAYBE FIRE POLICE DEPARTMENT, MAKE SURE THEY'RE HAPPY WITH WHAT'S GOING ON OUT THERE.

YOU KNOW, THOSE KIND OF PEOPLE SIT DOWN AND KIND OF SAY, HEY, LOOK, THIS IS WHAT WE NEED.

HAVE A COUPLE PEOPLE FROM COUNCIL, MAYBE SOMEBODY FROM THAT AREA, AND JUST WE CAN TO IN A SCENARIO LIKE THAT, WE COULD SAY, IS THERE A CHANCE TO DO THIS MUCH? IN ORDER TO DO THIS MUCH, WHAT WE'RE GOING TO HAVE TO DO TO ACCOMPLISH THAT? IN IT JUST TO THEN COME BACK TO COUNCIL WITH SEVERAL SCENARIOS, MAYBE AT A WORKSHOP SESSION.

THAT WOULD BE EXCELLENT TO WHERE WE'RE NOT HOLDING EVERYBODY.

WELL, IT NEEDS THIS DUE DILIGENCE, THAT'S FOR SURE.

YES, SIR. BUT I THINK IT'S IT'S A GOOD STEP FORWARD.

I THINK IT SHOWS A LOT OF DIFFERENT OPTIONS THAT WE CAN DO.

SO I JUST WANTED TO GET IT OUT IN FRONT OF EVERYBODY TO GET THOSE CONVERSATIONS STARTED.

JOHN THANK YOU. SO DO WE.

THANK YOU. THANK YOU VERY MUCH.

SORRY TO INTERRUPT. DO WE HAVE A CONSENSUS ON CECIL BOOTH'S IDEA ABOUT THE TASK FORCE? SO I'LL BRING IT UP.

I'LL PUT IT ON THIS AGENDA ITEM.

OKAY. AND WE CAN FIGURE OUT THE COMPOSITE AND WHATEVER.

OKAY. SOUNDS GOOD. I THINK I'D HAVE FUN DOING IT.

ALL RIGHT, WE GOTTA HAVE A FUNDING SOURCE.

I WORK CHEAP, MAN.

THANK YOU. THANK YOU.

ITEM NUMBER NINE. DISCUSSION AND POSSIBLE ACTION ON THE RECOVERY EFFORTS FROM THE SEVERE WEATHER ON MARCH 15TH, 2020.

[9. Discussion and possible action on the recovery efforts from the Severe Weather on March 15th, 2024.]

FOR. ABOUT THE PROGRAM.

GOOD EVENING, MAYOR AND COUNCIL.

THERE'S NO ACTION ITEMS AT THIS TIME.

I JUST WANT TO GIVE YOU AN UPDATE ON THE STORM AND HOW WE'RE COMING ALONG.

I KNOW THAT SOME TALK WAS ABOUT WASTE CONNECTIONS.

WASTE, WASTE CONNECTIONS IS RUNNING TWO TRUCKS EVERY DAY.

THEY'RE AVERAGING ABOUT FOUR LOADS OF DEBRIS EACH.

AND EVERY DAY. WE HAVE CONTRACTED WITH OUR DEBRIS MANAGEMENT COMPANY.

[02:15:03]

THEY'RE GOING TO BE HERE APRIL 4TH OR APRIL 5TH AND POSSIBLY SIXTH, RUNNING TWO TRUCKS THROUGHOUT THE DAY TO GET UP THE LARGE DEBRIS.

CURRENTLY, OUR CURRENT COST ARE PERSONNEL.

WE SPENT THIS IS JUST FOR THE ACTUAL EVENT.

THIS IS NOT RECOVERY.

THIS IS JUST RESPONSE PERSONNEL.

WE WERE AT 16. A LITTLE OVER 16,000.

EMERGENCY SUPPLIES WAS AT A 1156.

AND THEN SO THAT WE'RE AT A TOTAL OF $17,568 FOR THE STORM EVENT ITSELF.

THAT DOES NOT INCLUDE THE ACTIVATION OF THE CONTRACT.

WE HAVE 279 HOURS OF EXEMPT MAN HOURS THAT WAS UTILIZED FOR EXEMPT EMPLOYEES.

WE CURRENTLY HAVE.

WE DID TWO FOOD DRIVES THAT WERE HELD AND SPONSORED WITH ANGLETON ISD.

ONE WAS FOR PERISHABLE, ONE WAS FOR NON PERISHABLE WITH HEB IN PARTNERSHIP.

THOSE WERE BOTH SUCCESSES.

WE DO HAVE 22 HOMES REQUESTING VOLUNTEER SERVICES.

I'M WORKING WITH THE SOUTHERN BAPTIST MEN'S GROUP FOR CHAINSAW TEAMS, ALONG WITH BOY SCOUTS AND OTHER NONPROFIT ORGANIZATIONS TO GET DEBRIS TO THE ROADWAY.

WE HAVE BEEN VERY SUCCESSFUL THROUGHOUT THE FACEBOOK AND SOCIAL MEDIA AND WORD OUT OF GETTING WHAT HAPPENED, WHAT WE'RE DOING ACTIVELY, AND THE SERVICES THAT WE ARE OFFERING AND PAIRING WITH UNITED WAY TO OFFER.

THAT IS ALL I HAVE.

IF YOU HAVE ANY QUESTIONS ABOUT THE RESPONSE PORTION.

YOU SAID WASTE CONNECTIONS IS RUNNING A TWO TRUCKS EVERY DAY OR JUST EVERY WEDNESDAY? NO. TWO TRUCKS EVERY DAY.

AND THEY'RE AVERAGING FOUR LOADS A DAY.

IS THAT JUST REGULAR TRASH PICKUP OR ARE WE TALKING HEAVY TRASH HEAVY? IT'S THE HEAVY. SO THEY'RE DOING FOUR CUBIC YARD AND SMALLER VEGETATION DEBRIS, ALONG WITH ANY COUCHES OR ANY OTHER DEBRIS ITEMS THAT ARE COMING TO THE ROAD AND SOME FENCING.

DID THEY START IN ONE PARTICULAR AREA OF TOWN OR WORKING THEIR WAY, OR ARE THEY JUST TAKING THEIR NORMAL ROUTES? I YOU KNOW, I DIDN'T GET INTO SPECIFICS WITH HECTOR.

I CAN GET BACK TO YOU WITH THAT BECAUSE I DON'T KNOW WHAT SPECIFIC ROUTES.

I KNOW THAT THEY HAVE BEEN STOPPED BY RESIDENTS ABOUT WHY AREN'T THEY PICKING UP LARGE, AND THEY HAVE BEEN ADVISED THAT WE HAVE SOMEBODY COMING.

I ALSO ADVISE THEM, YOU KNOW, YOU CAN LET THEM KNOW TO CONTACT THE CITY OF WEBSITE EMERGENCY MANAGEMENT SUCH LIKE THAT, TRYING TO GET THAT MESSAGE OUT THERE.

IF SOMEBODY WANTS TO GET ON THE LIST FOR HELP AND ASSISTANCE, WHO SHOULD THEY BE CONTACTING? THEY CAN CONTACT UNITED WAY.

THEY CAN ALSO CONTACT ME, THE CITY OF ANGLETON EMERGENCY MANAGEMENT, AND THERE IS A QR CODE AND A WEBSITE GOING AROUND WHERE THEY CAN SIGN UP THAT WAY.

OKAY. BECAUSE I KNOW SOMEBODY ASKED THE OTHER DAY AND I THINK I SENT HIM TO PUBLIC WORKS.

HONESTLY, THAT'S FINE.

PUBLIC WORKS, IT'LL IT'LL ROUTE TO ME.

ALSO. IT'LL GO THAT WAY TOO.

GOOD. SO BECAUSE HECTOR AND I HAVE BEEN IN CONVERSATION ABOUT CERTAIN THINGS THAT ARE COMING THROUGH, WHETHER IT'S OURS OR WE NEED TO DO THE VOLUNTEER SERVICES AND MAKING SURE THAT'S TAKEN CARE OF.

I'VE GOT A LITTLE BIT OF A DIFFERENT QUESTION FOR YOU ALL, AND I KNOW WE'RE TRYING TO GET THE RESPONSE AND GET THIS TAKEN CARE OF.

HOW MUCH OF THIS IS IMPACTING YOUR NORMAL OPERATIONS? STILL, WHAT PERCENTAGE OF TIME ARE YOU STILL SPENDING ON THIS VERSUS THE OTHER THINGS THAT YOU'RE TRYING TO GET DONE, YOU KNOW, FIXING A POTHOLE OR FIXING WATER LINES OR SOMETHING ELSE? BECAUSE I KNOW YOU'RE CONTRACTING WITH SOMEBODY ELSE TO DO ANOTHER EMERGENCY REPAIR.

I'M JUST TRYING TO UNDERSTAND HOW MUCH OF AN IMPACT THIS IS HAVING ON OUR NORMAL OPERATIONS.

EVENING. MAYOR. COUNCIL.

SO AS OF THIS WEEK, IT'S WE'RE PROBABLY DOWN TO, I'D SAY, 5 TO 10% OF OUR TIME.

WE JUST HAVE A FEW MEMBERS OF STAFF STILL TAKING CARE OF SIGNAGE.

THAT'S STILL DOWN. WE'RE STILL RUNNING THROUGH ALL THOSE WORK ORDERS.

THE WEEK AFTER, I'D SAY PROBABLY 60, 70% OF OUR TIME WAS DEVOTED TO AFTER THAT INITIAL WEEKEND, THAT FOLLOWING WEEK, 60 TO 70% OF OUR TIME WAS DEVOTED TO IT. AND THIS AGAIN THIS WEEK, 5%, I'D SAY 510%.

SAME FOR YOU AND PARKS.

YES, IT IS JUST ABOUT A WEEK PERIOD OF TREE DEBRIS.

WE NOW HAVE TREE CONTRACTORS DOING THE LARGER ITEMS THAT WE CAN ADDRESS, MOVING THEM TO THE ROAD SO THAT THE ADDITIONAL CONTRACTOR CAN CALL IT OFF.

SO YOU ARE PRETTY MUCH BACK TO NORMAL.

WE'RE BACK TO NORMAL THIS WEEK.

OKAY. I DO KNOW THAT COLLEEN HAS SOME ADDITIONAL NUMBERS FOR YOU.

OKAY. SO I JUST WANTED TO JUST APPRIZE YOU ON THE INSURANCE WHERE WE'RE AT WITH THAT. AS YOU KNOW, THE CITY HIRED A SECOND PARTY VENDOR TO IMMEDIATELY MITIGATE THE WATER DAMAGE BY DRYING OUT.

THE OFFICES, THE POLICE DEPARTMENT, LOCATIONS THAT WERE WET.

[02:20:04]

THE DAMAGES WERE REPORTED TO HTML.

WE HAVE A 1% DEDUCTIBLE OF THE TOTAL INSURED VALUE PER LOCATION, WITH A CAP ON $48,982.

THAT BEING SAID, HTML DOES NOT COVER ANY LOSS THAT IS CAUSED BY RISING WATER.

WIND DRIVEN RAIN, AND THEY'LL ONLY COVER DAMAGES TO THE FACILITIES THAT HAD DAMAGE CAUSED THROUGH THE STORM.

MOST OF THAT HAS BEEN THE FLASHING ON THE SIDES OF THE BUILDING, WITH THE WIND PICKED THAT UP AND THE RAIN WAS WAS SEEPED IN.

SO I I'M HOPING THAT WE'LL BE SUCCESSFUL IN THAT CLAIM.

THE OTHER INSURANCE WE HAVE, OF COURSE, IS A WINDSTORM.

AND AS YOU KNOW WINDSTORM HAS A VERY HIGH DEDUCTIBLE.

SO THE CITY HALL DEDUCTIBLE IS $22,295 ALONE.

SO IF WE DON'T EVEN MEET THAT OR COME VERY CLOSE, AND WE MAY NOT MAKE A CLAIM THERE.

THE ANNEX DEDUCTIBLE IS $82,000 AND THE POLICE DEPARTMENT IS 105,000.

KEEPING IN MIND THOSE ARE SEPARATE DEDUCTIBLES.

HTML JUST ASSIGNED TWO THIRD PARTY ADJUSTERS, ONE FOR THE VEHICLES THAT WERE DAMAGED AND ONE FOR THE PROPERTY AND MOBILE EQUIPMENT THAT WAS DAMAGED.

ON APRIL 2ND, I'LL DO A WALKTHROUGH ON THE PROPERTY AND MOBILE EQUIPMENT.

HOPEFULLY WE'LL COVER IT ALL THAT DAY.

I HAVE NOT GOTTEN APPOINTMENT YET WITH THE AUTO ADJUSTER.

SO I'M NOT SURE ABOUT THAT BECAUSE WE DID HAVE FOUR VEHICLES DAMAGED AND THAT'S WHERE WE'RE AT.

DO YOU HAVE ANY QUESTIONS ABOUT THE INSURANCE OR DAMAGES? OKAY. THANK YOU. WAIT. I DO HAVE A QUESTION.

THE FENCING ALONG AT THE BALL FIELDS.

IS THAT PART OF THIS AS WELL? THE FENCING ITSELF? YES OR NO? THE BACKSTOP AT ONE OF THE BALLPARKS.

YES. THAT IS, WAS DAMAGED.

AND AS YOU YOU KNOW, WHEN YOU'RE INSURING ITEMS, YOU HAVE TO ASSESS RISK.

EVERY YEAR THAT LIST IS SENT OUT TO THE DEPARTMENTS TO DETERMINE WHAT WE BELIEVE SHOULD BE COVERED.

THE BACKSTOP WAS NOT COVERED AT THE TIME.

HOWEVER, I DO HAVE THE PARK COVERED AND SO I'M HOPEFUL THAT THEY WILL INCLUDE THAT IN THE PARK.

AND WHAT ABOUT E.G.

PARK WITH THE WATER? WELL THAT WAS YEAH, THAT WAS FROM WHAT I UNDERSTAND FROM STUART WAS IT WAS A TIN ROOF SO THAT THAT WAS NOT COVERED. AND HE SAID IT'S REPAIRABLE.

YEAH. DON'T REPAIR IT.

DON'T REPAIR IT. OKAY. DON'T REPAIR IT.

I'LL TALK TO YOU AFTER THE COUNCIL, OKAY.

AND JUST SO YOU'RE AWARE, PD HAS DRIED OUT THEIR FULLY FUNCTIONAL.

I'M NOT EVEN SURE THE CLAIM WILL NEED TO BE MADE ON THAT BUILDING.

ANY OTHER QUESTIONS? I REALIZED I'M OPERATING OUT OF CECIL SPOT IN THE CITY COUNCIL CONFERENCE ROOM.

OKAY. OKAY.

THANK YOU. OKAY.

ANY OTHER QUESTIONS? WHEN DO YOU WANT TO GO VISIT THE OTHER COUNCILS? WHENEVER YOU'RE AVAILABLE.

I'M ON YOUR SCHEDULE. TAKE THAT AND GET THAT GOING FOR YOU.

IT'S TOO FAR. YES.

I CONTACTED MICHELLE AND NOAM, AND THEY'RE GOING TO MAKE SURE.

JUST LET ME KNOW WHEN YOU'RE GOING AND I'LL FOLLOW YOU.

OKAY? OKAY. THANK YOU.

REITERATE THAT TONIGHT, OUR SISTER CITIES AROUND HERE JUMPED IN ON HELPING US.

JOHNNY ON THE SPOT. AND WE SO APPRECIATE THEY DID I WE HAVE A TEXT MESSAGE GROUP WITH THE THE EMERGENCY MANAGERS FROM THOSE CITIES.

AND I IMMEDIATELY MESSAGED THEM AND WAS LIKE, WE NEED HELP.

BECAUSE THAT LATE AT NIGHT THERE'S JUST NOTHING ELSE.

AND SO THEY WERE AMAZING AND I APPRECIATE THEM 100%.

YEAH. WE GOT CALLS FROM, AS YOU KNOW, FROM MAYORS AND CITY MANAGERS ACROSS THE REGION.

OH, YEAH. SOMETHING.

YES. GREAT.

THANK YOU. THANK YOU.

THANK YOU. AND IT ALSO DOESN'T GO WITHOUT SAYING THAT THE RESIDENTS HERE HAVE DONE A GREAT JOB. THEY YOU KNOW, EVERY TIME WE HAVE AN EVENT, YOU SEE THE NEIGHBORS GETTING OUT AND HELPING EACH OTHER, AND YOU CAN'T SAY ENOUGH ABOUT THE RESIDENTS HERE IN TOWN AND WHAT THEY DO.

HEY, THEY DON'T THEY DON'T CARE ABOUT ANYTHING ELSE.

POLITICS AND EVERYTHING ELSE ASIDE.

MY NEIGHBOR NEEDS HELP. I'M GOING TO GO HELP HIM.

I MEAN, I SAW PEOPLE CARAVANING AROUND THAT SATURDAY HELPING OTHER FAMILIES AND STUFF BECAUSE THEY HAD A CHAINSAW AND THEY HAD TWO TEENAGE BOYS THEY WANTED TO PUT TO WORK.

SO. AND FOOD.

ABSOLUTELY. THE CHURCH PRESBYTERIAN CHURCH WAS, I MEAN, CALLED THEM THE NIGHT BEFORE AND SAID, HEY, CAN YOU HAVE SOMETHING READY? OH, BY THE WAY, WE'RE WE'RE DOING MARKET DAYS.

WE'RE OUT THERE DOING THE BUGGIES.

OH, BY THE WAY, WE'LL HAVE FOOD READY FOR YOU AND WE'LL HAVE THE CHURCH OPEN FOR YOU.

[02:25:03]

SO THANKS TO THE PRESBYTERIAN CHURCH AS WELL.

YEAH, A LOT OF GREAT.

IT'S ALWAYS GREAT TO SEE AFTER AN EVENT LIKE THAT JUST HOW WELL EVERYONE COMES TOGETHER.

AND TO THE STAFF.

YOU ALL DID A GREAT JOB.

WAY TO COME TOGETHER AS WELL.

OKAY. ANY FURTHER DISCUSSION ON MINE? NO, I JUST WANT TO ECHO.

I AGREE IT'S ALWAYS ONE OF THE BEST PARTS ABOUT LIVING IN ANGLETON.

THIS IS THE COMMUNITY ITSELF.

PEOPLE WILL TAKE CARE OF THEIR NEIGHBORS, LOOK AFTER THEIR NEIGHBORS.

AND I SAW A LOT OF COMMENTS FROM FROM SERVICE PROVIDERS AND, AND PEOPLE FROM OUTSIDE THE COMMUNITY THAT REAFFIRMED THIS.

YEP. ALL RIGHT I'M GOING TO GO TO ITEM NUMBER 11.

WE'RE JUST SKIPPING AROUND TONIGHT.

[11. Discussion and update on a development proposal for Serenity Oaks, formally known as Stasny Development for area currently within the ETJ of the City of Angleton, Texas for property totaling approximately 303.96 acres, located west of SH-288, north of SH 35.]

DISCUSSION AND AN UPDATE ON A DEVELOPMENT PROPOSAL FOR SERENITY OAKS, FORMERLY KNOWN AS DISNEY DEVELOPMENT FOR AREA, CURRENTLY WITHIN THE EDGE OF THE CITY OF ANGLETON, TEXAS, FOR PROPERTY TOTALING APPROXIMATELY 303.96 ACRES.

LOCATED WEST OF HIGHWAY SOUTH.

HIGHWAY 28 NORTH OF SOUTH HIGHWAY 35.

THANK YOU, MAYOR AND COUNCIL.

I'M JUST QUICKLY INTRODUCING THIS ITEM.

THE FLOW WILL BE WE'LL DISCUSS, OF COURSE, HOW WE GOT FROM STASNY TO SERENITY OAKS PARK.

PATTERSON IS AVAILABLE TONIGHT TO JUST GO OVER THIS QUICK OVERVIEW OF THE SERENITY OAKS PROPOSAL HERE.

AND THEN TO FOLLOW WOULD BE THE ETJ REQUEST FOR A PETITION FOR A REQUEST OF REMOVAL AND THEN THE ANNEXATION OF THE 29 ACRES WHICH ARE IN THE CITY LIMITS REGARDING THIS DEVELOPMENT.

AND THEN STAFF WILL ADDRESS THE COVER MEMO IN TERMS OF WHAT'S ON THE LAND USE PLAN FOR THAT PARTICULAR AREA FROM A LONG RANGE PLANNING PERSPECTIVE, AND THEN WE'LL MOVE FROM THERE.

GOOD EVENING. GOOD TO SEE YOU AGAIN.

MY NAME IS PARKE PATTERSON.

SOME OF YOU I HAVEN'T MET, OTHERS.

WE'VE HAD SEVERAL CONVERSATIONS.

I WORKED WITH BEHRENDS LAND GROUP, KEITH BEHRENDS AND ANGIE LUTZ AS OUR REAL ESTATE AND MUD ATTORNEY.

ALLEN BOONE HUMPHRIES ROBINSON IN HOUSTON.

WE'VE COME A LONG WAY SINCE PROBABLY THREE YEARS.

WHEN? WE FIRST THREE YEARS AGO, WHEN WE FIRST STARTED HAD THIS PROPERTY UNDER CONTRACT.

AT ONE TIME, WE HAD LAND PLANNED 950 FOOT LOTS ON THIS 304 ACRES.

THAT WAS NOT VERY POPULAR.

WE UNDERSTAND WE THEN LAND PLANNED 50, 60 AND 70 FOOT LOTS AND MULTIFAMILY.

THAT WAS NOT VERY POPULAR.

WE CONTINUED TO GO BACK AND REFINE THE PLAN AND THE WORK, AND IT CAME ACROSS AN OPPORTUNITY TO DEVELOP A MAJOR, MAJOR INDUSTRIAL FACILITY THAT WOULD HAVE BEEN BIGGER THAN ANYTHING ELSE IN THIS REGION FOR VARIOUS REASONS, MAINLY INFRASTRUCTURE.

WATER IN PARTICULAR IS A HUGE WATER USER.

AND THINGS THAT HAPPENED AT THE LEGISLATURE THAT THAT WERE GOING ON AT THE TIME, THAT PLAN GOT SCRAPPED.

AND WE'VE NOW COME TO THE PLAN TODAY OF POSSIBLY IF YOU COULD BRING IT UP, WHICH IS WE'RE STILL AT 304 ACRES, BUT WE ARE PLANNING 286 HALF ACRE AND ONE ACRE LOTS.

AS HE ZOOMS IN THERE, YOU'LL SEE THIS IS ALL DESCRIBED IN THIS TWO PAGE OVERVIEW THAT YOU HAVE IN YOUR PACKET.

THE HALF ACRE LOTS ARE IN GRAY ON THE WEST SIDE.

FOR THOSE OF YOU THAT DON'T KNOW, THIS IS RIGHT BEHIND BUCKY'S ON 288.

THE ONE ACRE LOTS ARE IN YELLOW.

EVERYTHING YOU SEE IN BLUE IS DETENTION AND GREEN SPACE AROUND THE DETENTION.

OF COURSE, IT'S DIVIDED INTO TWO PHASES.

THE ROUGHLY IN HALF, LET'S CALL IT THE RED LINE IN THE MIDDLE BELOW THAT IS PHASE ONE.

ABOVE THAT IS PHASE TWO.

THIS WILL BE DEVELOPED OVER TO AGAIN, 286 LOTS, PROBABLY IT'LL TAKE US PROBABLY ABOUT FIVE YEARS TO GET THROUGH THIS.

IF WE STARTED TODAY, IT WOULD TAKE US.

AND WE'RE IN WE'RE WELL INTO ENGINEERING DESIGN, AND WE SHOULD HAVE LOTS ON THE GROUND.

FOURTH QUARTER OF THIS YEAR OR FIRST QUARTER OF 25.

WE HAVE I'M JUST GIVING YOU A SUMMARY OF WHAT WHAT'S ALREADY IN YOUR PACKET.

BUT WE HAVE TWO NATIONAL BUILDERS THAT WE'RE NEGOTIATING LOT PURCHASES WITH.

WE DON'T SELL TO INDIVIDUALS, WE SELL TO HOME BUILDERS, THEY BUILD THE HOMES, THEN THEY SELL THE HOMES TO TO INDIVIDUALS.

WE THE THE CITY LIMITS YOU CAN SEE IS ON THE THE FAR EAST SIDE AND THOSE LOTS ARE BASICALLY LET'S CALL IT THREE QUARTER.

[02:30:04]

ON THE EAST SIDE WITHIN THE CITY LIMITS, JUST THAT STRIP AND THEN ONE QUARTER OUTSIDE THE CITY.

THIS WAS ANNEXED IN 1975 WHEN THINGS WERE, OF COURSE, A LOT DIFFERENT.

AND AT SOME POINT, RIGHTFULLY SO.

THE CITY LEADERS PROBABLY THOUGHT THAT WAS GOING TO BE RETAIL, AND WE WOULD LOVE IF THAT WERE RETAIL.

BUT IT DOESN'T MAKE SENSE THERE FROM AN ACCESS STANDPOINT.

THAT'S ABOUT A WE PRICED IT ABOUT A YEAR AGO.

THAT'S ABOUT AN $8 MILLION FRONTAGE ROAD.

THAT DOESN'T MAKE THAT WE WOULD HAVE TO BUILD FOR TEX DOT.

AND SO RETAIL WOULD NEVER MAKE THAT BACK.

AND SO WE WE SCRAPPED THAT.

THAT WAS ALSO PART OF THE INDUSTRIAL PLAN.

SO THAT'LL NEVER BE COMMERCIAL.

IT'S IT'S HIGHEST AND BEST USE RIGHT NOW IS SINGLE FAMILY.

AND IT'S AS YOU CAN WE SAY IN THE PACKET, THESE HOMES WILL BE PRICED ANYWHERE FROM ABOUT 375 TO ABOUT $600,000.

WE WILL DO.

WE BOUGHT THE TREES.

THAT'S ONE OF THE. THAT'S THE FIRST THING WE NOTICE ABOUT THIS SITE IS THE BIG BEAUTIFUL TREES.

SO WE WILL DO EVERYTHING WE CAN TO KEEP EVERY TREE THAT WE CAN.

THAT'S NOT IN A ROAD, NOT IN A UTILITY EASEMENT.

TEXAS, NEW MEXICO, DRY UTILITIES.

NOT IN A DETENTION POND.

AND NOT IN THE GREEN SPACE AROUND THE DETENTION POND, WHICH IS NEEDED TO MAINTAIN THE DETENTION PONDS.

THE TREES ARE IMPORTANT TO US.

THEY'RE VALUABLE TO THE EVENTUAL HOMEOWNERS.

THEY'RE VALUABLE TO THE BUILDERS.

IT COSTS US MONEY TO TAKE THEM DOWN.

SO WE DON'T WANT TO TAKE THEM DOWN WHERE THEY DON'T HAVE TO BE TAKEN DOWN.

OF COURSE, ALL THE TREES IN THE TEX DOT RIGHT OF WAY, AND THEY'RE NUMEROUS.

WE WON'T TOUCH THOSE.

THAT'S TEXAS PROPERTY.

THE WHAT ELSE CAN I TELL YOU THAT THAT THAT'S PRETTY MUCH IT.

IN A SUMMARY, WE'VE GOT TWO APPLICATIONS IN FRONT OF YOU TONIGHT.

ONE IS OR THAT WE'VE ACTUALLY PRESENTED TO STAFF FOR YOUR CONSIDERATION TONIGHT.

ONE IS FOR REMOVAL OF THE PROPERTY WEST OF THE CITY LIMITS OUT OF THE ETJ.

AT THE LAST LEGISLATURE SENATE BILL 238 WAS PASSED THAT YOU PROBABLY HAVE EXPERIENCES WITH OTHER APPLICANTS, OR YOU WILL THAT BASICALLY ALLOWS PROPERTY OWNERS TO OPT OUT OF THE CITY'S ETJ.

AND SO WE'VE MADE THAT APPLICATION.

THE SECOND APPLICATION IS A ROOMMATE.

WE'VE SUBMITTED THAT PETITION.

THE SECOND APPLICATION IS TO REMOVE THE CITY LIMIT STRIP.

ON OUR EAST SIDE OF THE PROPERTY, THERE'S ABOUT SIX LOTS IN PHASE ONE THAT ARE IN THE CITY LIMITS, AND ABOUT 15 OR SO LOTS IN PHASE TWO THAT ARE IN THE EXISTING CITY LIMITS.

WE'VE SUBMITTED A PETITION ON THAT AS WELL.

OUR THEORY ON THE CITY LIMITS IS BASICALLY LOGISTICS AND MANAGEMENT.

PROPERTY OWNERS LIVING ACROSS THE STREET FROM EACH OTHER WOULD HAVE ONE WOULD HAVE A CITY TAX.

ONE WOULD NOT.

THERE WOULD BE SERVICE ISSUES.

CURRENTLY, THE CITY DOESN'T HAVE ANY WATER SERVICE TO THAT AREA.

NO SEWER.

WE'RE PROVIDING OUR OWN WATER.

WE'LL HAVE A WATER PLANT THAT THAT WE THAT WE BUILD, WE PAY FOR.

IT'S A PRIVATE WATER PLANT THAT'LL BE ON THE SOUTHEAST SIDE.

THAT DETENTION POND THERE.

THERE WILL BE A WATER PLANT RIGHT THERE.

SANITARY SEWER WILL BE SEPTIC TANKS ON EACH INDIVIDUAL LOT BUILT BY THE HOME BUILDERS AND MAINTAINED, OF COURSE, BY THE INDIVIDUAL HOMEOWNERS. SO WE REALLY DON'T NEED ANY CITY SERVICES.

AND THE CONFUSION, THE TAXATION THE CONFUSION ABOUT WHO TO WHO TO CALL IN CASE OF AN EMERGENCY, WE FEEL LIKE IT JUST MAKES MORE SENSE TO TAKE THAT STRIP, WHICH WILL NEVER GO COMMERCIAL.

AND NEVER HAVE A HIGHER VALUE THAN ONE ACRE LOTS THERE.

WE FEEL LIKE IT MAKES THE MOST SENSE TO REMOVE THAT FROM THE CITY LIMITS.

WITH THAT, I'M HAPPY TO ANSWER ANY QUESTIONS AND OUR TEAM IS HERE TO BACK UP ANYTHING ELSE WE NEED TO.

WHY DO YOU WANT TO BE OUT OF THE.

IT'S. IT'S A MATTER OF EASE OF DEVELOPMENT.

WE WE IT GOES BACK TO WHAT SERVICES WE NEED AND WE DON'T NEED, AND WE'RE, WE'RE COMPLETELY INSULATED IN WHAT WE CAN PROVIDE FOR WATER DRAINAGE.

WE'LL HAVE AN HOA THAT MAINTAINS THE PUBLIC AREAS AND ALSO ENFORCES DEED RESTRICTIONS.

[02:35:01]

SO WE'LL WE'LL BE TAKING CARE OF OURSELF.

DO YOU HAVE ANY PARKS? WE'LL HAVE OPEN SPACE.

NO, NOT NO PUBLIC AREA PARKS.

BUT WE'LL HAVE PLENTY OF OPEN SPACE AROUND THE DETENTION PONDS.

AND OUR OUR THEORY BASICALLY EVERY LOT IS A IS A LIKE A MINIATURE PARK.

YOU HAVE AN ACRE IN YELLOW, HALF ACRE IN GRAY.

AND THOSE ARE LARGE PARCELS.

AND IT'S PLENTY OF ROOM FOR RECREATION EQUIPMENT, POOLS, STORAGE BUILDINGS ANYTHING THAT A HOMEOWNER HOMEOWNER MIGHT NEED.

HOW DO YOU GET AROUND THE SEPTIC REQUIREMENTS FOR HALF ACRE LOTS, AND HOW MANY FEET THEY HAVE TO HAVE AWAY FROM THEIR NEIGHBORS TO GET AROUND THAT? THEY'LL HAVE TO HAVE A PERMIT FROM THE ENVIRONMENTAL DEPARTMENT AT THE COUNTY.

AND WE'VE MET WITH THE COUNTY ENGINEERING STAFF AND THEIR PLANNING STAFF AND THEIR AND IN FACT, ENVIRONMENTAL WAS IN ONE OF OUR MEETINGS AS WELL.

AND THERE THERE DOES HAVE TO BE SPACING, BUT WITH YOU ACTUALLY HAVE LESS SPACING REQUIREMENTS WHEN YOU HAVE A PUBLIC WATER SYSTEM OWNED BY A PRIVATE COMPANY. BUT IT'S A COMMUNITY WATER SYSTEM VERSUS A WELL IN A SEPTIC TANK ON THE ON THE SAME LOT.

SO. DO YOU THINK IT'S IN THE CITY'S BEST INTEREST TO TO LET THAT LAND GO? DO WE? YES, SIR.

WHY? WHY IS IT IN OUR BEST INTEREST FOR US TO TO.

WELL, YEAH. I THINK THAT PROPERTY WE LOSE.

YOU'RE GOING TO BE IN THIS.

WE LOSE THE POTENTIAL OPTION OF FUTURE GROWTH.

SO WHAT'S IN OUR BEST INTEREST FOR US TO ALLOW THAT TO HAPPEN? WELL, YOU'RE GOING TO BE TAXING THREE QUARTERS OF ONE LOT.

YOU'RE GOING TO HAVE RESIDENTS THAT COMPLAIN THAT ARE ACROSS THE STREET FROM EACH OTHER.

THEY'RE GETTING A TAX BILL AND NO SERVICE.

THEY WILL NOT NEED CITY WATER.

THEY WILL NOT NEED CITY SEWER, THEY WILL NOT NEED CITY POLICE, FIRE, ETC..

SO THERE'S REALLY NO I THINK IF I PUT I KNOW IF I PUT MYSELF IN THAT POSITION, IF I OWN ONE OF THOSE LOTS AND LIVED IN A HOME THERE, I WOULD WONDER WHAT I'M GETTING FOR MY TAXES IF I IF I'M NOT GETTING ANY SERVICES AND THEY'RE ALL BEING PROVIDED WITHIN THE DEVELOPMENT.

WELL, I MEAN, THEY'RE NOT ALL EVERY, ALL THE WELL WATER, SANITARY SEWER, OPEN SPACE, DRAINAGE, PUBLIC ROADS. THE COUNTY IS GOING TO MAINTAIN THE ROADS.

WE'VE HAD THAT. HOW WIDE ARE YOUR ROADS? WHATEVER THE COUNTY MINIMUM IS, I BELIEVE ON A OPEN DITCH ROAD, WHICH THIS WILL BE OPEN DITCHES.

I BELIEVE IT'S 28 OR 29FT SOMETHING.

27. 28.

SO. AND THE OPEN DITCH WILL NOT ONLY PROVIDES DRAINAGE, BUT IT ALSO PROVIDES A MORE OF A COUNTRY FEEL, WHICH IS EXACTLY WHAT WE WANT TO HAVE THE TO FEEL LIKE YOU'RE IN A IN A COUNTRY SETTING, BUT YOU'RE NEAR, YOU'RE NEAR JOBS, YOU'RE NEAR ACCESS POINTS, YOU'RE NEAR SCHOOLS. I MEAN, I LOVE THE FACT YOU WANT TO DO HALF ACRE LOTS AND ONE ACRE LOTS.

THAT'S THAT'S GREAT.

I SPOKE TO THE OUR STATE SENATOR.

I SPOKE TO OUR STATE REP.

AND THE SPIRIT OF THAT HOUSE BILL AND THAT SENATE BILL WAS A WAS REALLY BECAUSE CERTAIN AREAS WERE NOT GETTING WATER AND SEWER TO THOSE LOCATIONS.

SO THEY WERE GIVING THEM THE ABILITY TO OPT OUT.

THIS IS NOT THAT CASE.

THIS IS CREATING A BUBBLE AROUND OUR CITY.

IF WE EXPAND, THAT'S NO LONGER IN OUR ETJ, IT'S NO LONGER IN OUR CITY LIMITS.

YOU'RE CREATING A BUBBLE, AND IF SOMEBODY ELSE WERE TO COME AROUND AND SAY, OKAY, WE DON'T WANT TO BE ON THE NORTH SIDE PART OF THE ETJ, I DON'T KNOW WHY THE ETJ IS SUCH AN ISSUE FOR YOU ALL, BECAUSE YOU'RE NOT GOING TO PAY CITY TAX.

YOU'RE STILL GOING TO BE IN THE COUNTY.

I MEAN, THERE ARE SOME CLADDING REQUIREMENTS THAT WE HAVE ON OUR SIDE, AND I SUSPECT THAT'S PROBABLY WHY YOU WANT TO BE OUT OF THE ETJ.

BUT OVERALL, I DON'T KNOW WHY THERE'S AN ISSUE WITH BEING IN THE ETJ.

BECAUSE IT'S KIND OF COUNTERINTUITIVE TO THE SPIRIT OF WHY THE BILL WAS PASSED.

WELL, I THINK FROM A PRACTICALITY STANDPOINT, NOT FROM A LEGAL STANDPOINT, BUT WHAT'S WHAT WOULD BE THE PRACTICAL REASON THAT WE WANT TO STAY IN THE ECJ WHEN WE HAVE NO NEED FOR SERVICES AND NO REQUEST FOR SERVICES? RIGHT NOW, THAT TRACT IS NOT SERVED BY ANYTHING.

CORRECT. AND WE WOULD LIKE TO KEEP IT THAT WAY.

AND YOU DON'T HAVE THE ABILITY.

[02:40:01]

WE'VE TALKED ABOUT THIS AND AD INFINITUM TO TO SERVE THAT TRACT WITH WATER, WHETHER IT WAS IT'S LARGE LOTS OR OR 900 SMALL LOTS. WE HAVE, DON'T WE HAVE A LOT OF CAPACITY? WHAT ARE WE TALKING ABOUT? YOU SAYING WE DON'T HAVE THE WATER TO SERVICE YOU PRETTY CLOSE TO THE SEWER PLANT.

VERY, VERY EXPENSIVE WATER.

YEAH. SO YOU'RE SAYING THE KIDS, EVERYBODY WILL PLAY ON THEIR OWN? LOTS. NO BALLPARKS OR ANYTHING ELSE FOR THEM TO PARTICIPATE IN.

SO WOULD THEIR KIDS BE USING OUR PARKS BY ANY CHANCE? I REALLY DON'T KNOW. BUT IT IT WOULD BE NO DIFFERENT THAN A RURAL SUBDIVISION FIVE MILES DOWN THE ROAD, YOU KNOW, ON A LARGE LOT.

BUT YOU KNOW WHAT THEY SAY.

OR THREE MILES AWAY OR TWO MILES AWAY, OR RIGHT ON RIGHT OVER THE LEVEE.

RIGHT OVER THE LEVEE ON OUR WEST SIDE.

YEAH. YOU KNOW WHAT? SAME SAME SITUATION.

IT'S AWFUL CONVENIENT THAT YOU'RE THAT YOUR DEVELOPMENT IS PRETTY CLOSE TO A BUNCH OF WELL MAINTAINED PARKS.

YEAH. WELL, WE YOU KNOW, THAT'S ONE OF THE THINGS THAT THAT WE AS DEVELOPERS AND LANDOWNERS, WE LOOK AT THE THE THINGS AROUND US AND THE BEAUTY OF THAT SITE AND ACCESS TO JOBS, ACCESS TO MAJOR FREEWAYS TO GET IN AND OUT OF.

I LIVE HERE ANGLETON.

ABSOLUTELY. SO THAT'S WHY IT WAS IMPORTANT TO US THAT THAT LOCATION HAS BEEN WE'VE BEEN WORKING FOR FOUR YEARS TO GET TO THIS POINT AND.

WE LIKE IT AND WE.

AND WE WANT TO SERVE IT OURSELVES.

WELL, I MEAN, I GUESS YOU EITHER DON'T SEE WHAT WE'RE TALKING ABOUT OR YOU'RE.

PURPOSELY IGNORING WHAT WE'RE REFERRING TO.

WELL, IF YOU'RE TALKING ABOUT THE ISSUE THAT IT I MEAN, YOU ARE ESSENTIALLY ANGLETON RESIDENTS, AT LEAST PART OF YOUR RESIDENCE WOULD BE WHAT WAS IN, I GUESS, IN THE CITY SINCE 1975.

SO A PERIOD OF NEARING 50 YEARS.

AND YOU LITERALLY TO THE NORTH OF YOUR TRACT LAND IS A BIG CITY RUN SOCCER COMPLEX AND FIREFIGHTER.

JUST ACROSS THE STREET IS I SAY STREET.

I KNOW IT'S A STATE HIGHWAY, BUT IS CITY LAND JUST DOWN THE STREET FROM THAT? DOWN 35 IS ANOTHER CITY PARK.

TO THE WEST OF THAT IS A SCHOOL THAT YOUR KIDS WILL ATTEND.

MOST OF THEM, I ASSUME, IF THEY'RE IN THE PART OF PUBLIC SCHOOL DISTRICT.

SO, I MEAN, YOU'RE VERY MUCH INTEGRATED INTO THE CITY OF ANGLETON, WHETHER YOU HAVE OUR SERVICES OR NOT.

I THINK YOU'RE PURPOSELY DOWNPLAYING WHAT YOU THINK THESE PEOPLE WHO WILL COME LIVE IN YOUR DEVELOPMENT WILL UTILIZE AS FAR AS THE CITY, I MEAN, AND I GET IT, THAT'S YOUR ROLE.

YOU'RE GOING TO STAND THERE AND TAKE THE SLINGS AND ARROWS AND TELL US HOW WONDERFUL EVERYTHING IS, AND I'M SURE IT'LL BE NICE.

AND I DO AGREE WITH THE MAYOR.

I DO APPRECIATE THE VARIETY OF LOT SIZES THAT WE HAVEN'T SEEN IN OTHER DEVELOPMENTS, BUT YOU STILL ARE GOING TO BE TAXING SOME OF THAT CITY INFRASTRUCTURE WITH THE ADDITION OF THIS SUBDIVISION.

MR. MAYOR, COULD YOU COULD YOU REMIND ME WHICH WHICH AGENDA ITEM WE'RE ON? WE SEEM TO BE MIXING THESE TOGETHER, AND THIS IS GETTING AN UPDATE ONLY.

SO THERE'S NO ACTION FOR THE COUNCIL ON THIS ONE.

YEAH, WE DID SKIP.

TIM. IT'S JUST TO ME, IT'S A DANGEROUS PRECEDENT TO START.

I MEAN, THE HOUSE, THE SENATE BILL JUST PASSED IN THE LAST LEGISLATURE, AND YOU'RE ALREADY HERE WANTING TO GO OUT OF THE WAY, AND YOU COULD BE THE FIRST DOMINO. AND THEN WE HAVE THREE OTHERS THAT FOLLOW RIGHT SUIT.

AND NOW ANGLETON IS LANDLOCKED OR PUTTING BUBBLES ALL AROUND US.

AND THAT'S MY CONCERN.

AND ADDING FAMILIES THAT'LL TAX OUR PARKS, AND WE'RE ADDING MORE.

AND WHETHER YOU'RE IN THE ETJ OR NOT, OR IN THE CITY LIMITS OR NOT, YOU ARE A PART OF ANGLETON.

YOUR ZIP CODE WILL BE ANGLETON PEOPLE WILL GO TO SCHOOL HERE, THEY WILL WORK HERE.

THEY WILL THINK THAT THEY ARE ANGLETON OUTSIDE OF THE CITY LIMITS.

AND ONCE AGAIN, YOU KNOW, THE FIRST TIME Y'ALL CAME, I GAVE YOU THE SAME ANSWER.

AND THE SECOND TIME. AND I MEAN, EVERY TIME THIS HAS CHANGED.

[02:45:01]

I MEAN, I'M ACTUALLY HAPPY WITH THE LATEST INCARNATION OF THIS, BUT YOU'RE STILL PUTTING A LOT OF HOUSES THERE AND UTILIZING ONE ENTRANCE BASICALLY FROM 35. I MEAN, I KNOW YOU PROBABLY HAVE THAT SECOND ONE AT THE TOP, BUT MAJORITY OF YOUR TRAFFIC IS PROBABLY GOING TO COME DOWN THROUGH 35.

AND WHY TEXTILE HAS NOT MADE THAT LIGHT CONTROL.

I DO NOT KNOW WHAT IT IS DANGEROUS.

AND IT'S GOING TO BE EVEN WORSE.

BUT. COUNCIL ANY OTHER DISCUSSION ITEMS ON 11 AND IT WILL BE OUR FIRE DEPARTMENT THAT SERVICES YOUR AREA.

WE HAVE THE LARGEST COVERAGE IN THE COUNTY.

HAVE YOU HAD A CONVERSATION WITH THE COUNTY REGARDING THE TRAFFIC LOADING THAT'S GOING TO COME OUT THERE ON? YOU KNOW, WE WE HAVE A TIA THAT'S ABOUT TO TRAFFIC IMPACT ANALYSIS.

THAT'S ABOUT TO START.

YES, SIR. THAT'S GOING TO BE A CRAZY INTERSECTION.

YEAH. OKAY, SO IT'S LESS THAN ONE LOT PER ACRE.

IF WE WERE IN THE CITY LIMITS, WE WOULD BE MUCH MORE DENSE.

LET'S MEET ALONG WITH WATER AND SEWER.

AND NOT IN THE CITY LIMITS.

OKAY. COUNCIL, ANY OTHER DISCUSSION ON ITEM 11? YEAH, I DO THINK Y'ALL NEED TO.

THINK ABOUT. THERE ARE TERTIARY SERVICES THAT ARE GOING TO BE USED, UTILIZED BY THESE, YOU KNOW, COUNTY RESIDENTS.

BUT FOR ALL INTENTS AND PURPOSES, AND I AGREE WITH THE MISTER MAYOR ON THE BUBBLES AND WHAT WE WOULD DO TO OUR CITY IF WE JUST ALLOWED EVERYBODY TO DE-ANNEX IT WOULD BE LANDLOCKED, FOR SURE.

ALL RIGHT. COUNCIL.

WE'RE GOING TO HAVE TO GO INTO EXECUTIVE SESSION.

I'LL SAY SOMETHING REAL QUICK. GO AHEAD.

MY NAME IS KEITH BARRON. I'M WORKING WITH MARK ON THIS DEAL.

IDEALLY, WE WOULD NOT WANT TO GET OUT OF THE CITY.

THE ONLY WAY WE CAN MAKE THIS LARGE LOT DEAL WORK IS TO GET OUT OF THE CITY, AND.

AND IT'S THE FINANCIAL REASON.

I MEAN, WE'D HAVE TO.

THERE'S A LOT MORE COST THAT WE'D HAVE TO DO TO BRING IN WATER.

AND WE'VE HAD THAT DISCUSSION WITH BWR AND EVERYTHING ELSE.

THERE'S A LOT MORE COST THAT GOES INTO IT.

IT'S JUST THE REALITY OF WE'RE TRYING TO PRODUCE A HOME THAT'S A REASONABLE PRICE POINT.

IF WE WERE DOING LARGE LOTS, OUR PRICE POINTS WOULD HAVE TO BE OVER $1 MILLION.

SO WE'RE TRYING TO BRING A PRODUCT THAT IS NOT MUCH MORE PRICE THAN A 60 FOOT LOT.

AND BECAUSE THAT'S LIKE MARK SAID, IF IF WE DID IT IN THE CITY, WE'D HAVE TO HAVE ALL 60S AND WE'D PROBABLY COME AND ASK FOR 50S, AND IT'D BE A LOT MORE DENSE NEIGHBORHOOD.

AND SO WE'RE TRYING TO PRODUCE A PRODUCT THAT I KNOW IT'S NOT IDEAL TO BE OUT OF THE CITY FOR YOU ALL, BUT WE'RE TRYING TO PRODUCE A PRODUCT THAT IS LARGE LOTS. IT'S KIND OF LIKE A I KNOW IT'S NOT A COMPROMISE IN Y'ALL'S MIND, BUT WE'RE TRYING TO FIGURE OUT SOMETHING THAT WORKS IN THE COUNTY AND THE AREA.

THAT'S ALL WE'RE TRYING TO DO.

WELL, BUT NOW YOU'RE TRYING TO SELL US ON A PRODUCT THAT'S GOING TO DO NOTHING BUT CONGEST OUR TOWN AND UTILIZE OUR SERVICES.

SO, SO I MEAN, I MEAN, ARGUE, ARGUE THAT MAKE THAT MAKE SENSE.

WELL, I MEAN, WE JUST THERE'S NOTHING I MEAN, WE CAN'T I MEAN, OBVIOUSLY.

WE'RE TRYING TO FIGURE IT OUT, TO MAKE IT MAKE IT MAKE SENSE FOR THE BIGGER PICTURE.

AND OBVIOUSLY IT'S NOT IDEAL.

I UNDERSTAND IT'S NOT IDEAL FOR YOU ALL, BUT MR. BEHRENDS, YOU'RE ASKING ME TO CARE ABOUT PEOPLE WHO DON'T EVEN LIVE HERE.

WE WE REPRESENT THE CITIZENRY THAT'S HERE.

NOW, I UNDERSTAND, AND I CAN'T DO THAT.

I WON'T DO IT. I'M NOT GOING TO COMPROMISE.

I'M NOT GOING TO COMPROMISE THE WELL-BEING OF MY CONSTITUENTS FOR A DEVELOPMENT AND PEOPLE THAT DON'T LIVE HERE.

AND I'M NOT GOING TO FEEL BAD ABOUT NOT DOING IT.

SORRY. OKAY, THAT'S ALL I HAVE TO SAY.

THANK YOU, THANK YOU, THANK YOU, THANK YOU.

COUNCIL. WE'RE GOING TO GO INTO THE EXECUTIVE SESSION.

THE CITY COUNCIL WILL HOLD EXECUTIVE SESSION PURSUANT TO THE PROVISIONS OF CHAPTER 5.51, TEXAS GOVERNMENT CODE, IN ACCORDANCE WITH THE AUTHORITY CONTAINED THEREIN.

[EXECUTIVE SESSION]

ITEM NUMBER 19, DISCUSSION OF POSSIBLE ACTION ON DELIBERATION REGARDING CONSULTATION WITH THE ATTORNEY REGARDING CONTEMPLATED LITIGATION PURSUANT TO SECTION 5.51.071 OF THE TEXAS LOCAL GOVERNMENT CODE.

CASE NUMBER D, DASH ONE, G N DASH 23, DASH 007785.

THE CITY OF GRAND PRAIRIE, TEXAS VERSUS STATE OF TEXAS.

[02:50:02]

DO YOU WANT TO GO AHEAD AND DO NUMBER 18 AT THE SAME TIME? IT'S YOUR CALL. LET'S GO AHEAD AND DO IT.

ITEM NUMBER 18 DELIBERATE THE APPOINTMENT, EMPLOYMENT EVALUATION, REASSIGNMENT DUTIES, DISCIPLINE OR DISMISSAL OF A PUBLIC OFFICER OR EMPLOYEE PURSUANT TO SECTION 551.074 OF THE TEXAS GOVERNMENT CODE.

DEPLOYMENTS TO THE PARKS AND RECREATION BOARD AND ANGLETON BETTER LIVING CORPORATION.

WE'RE GOING TO GO INTO EXECUTIVE SESSION AT 903 AND 15 SECONDS.

ALL RIGHT, ALL RIGHT, ALL RIGHT, ALL RIGHT.

WE'RE GOING TO COME OUT OF EXECUTIVE SESSION AT 9:44 P.M.

AND 20S AND COUNCIL.

DO I HAVE ANY ACTION COMING OUT OF EXECUTIVE SESSION? YEAH. SO PURSUANT TO ITEM NUMBER 19, I MAKE A MOTION TO JOIN THE LITIGATION OF THE CITY OF GRAND PRAIRIE, TEXAS, VERSUS THE STATE OF TEXAS.

I SECOND THAT I HAVE A MOTION BY MAYOR PRO TEM TOWNSEND A SECOND BY COUNCILMAN SARTEN.

ANY FURTHER DISCUSSION, CALL FOR THE VOTE.

ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE.

AYE. ALL THOSE OPPOSED? SAME SIGN. MOTION CARRIES.

AND AS TO NUMBER 18, I MAKE A MOTION TO ADD GARY DICKEY TO THE BOARD OF ABLC AND DAVID HEINECKE TO THE PARKS AND RECREATION BOARD.

SECOND MOTION BY MAYOR PRO TEM TOWNSEND FOR APPOINTMENTS OF GARY DICKEY AND GARY HEINECKE TO THE RESPECTIVE BOARDS.

SECOND, BY COUNCILWOMAN DANIEL.

ANY FURTHER DISCUSSION? CALL FOR THE VOTE. ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE.

AYE. ALL THOSE OPPOSED? SAME SIGN. MOTION CARRIES.

ALL RIGHT. WE'RE GOING TO GO BACK TO ITEM NUMBER TEN.

DISCUSSION OF POSSIBLE ACTION TO APPROVE THE ANGLETON 300 RESIDENTIAL DEVELOPMENT, L.P.

[10. Discussion and possible action to approve the Angleton 300 Res Dev LP, and Angleton Stasny Land LP, Petition for Dis-annexation of acreage from the corporate limits, being a tract containing 29.900 acres of land. ]

AND ANGLETON STASSNEY LAND, L.P.

PETITION FOR DIS ANNEXATION OF ACREAGE FROM THE CORPORATE LIMITS BEING A TRACT CONTAINING 29.9 ACRES OF LAND.

MAYOR AND COUNCIL. THIS IS A REQUEST OF THE ANNEXING THE 29 OR SO ACRES OUT OF THE CITY LIMITS.

I JUST WANTED TO REPORT FROM STAFF THAT WE HAVE PROVIDED YOU WITH THE COMPREHENSIVE PLAN FOR THIS GENERAL VICINITY.

MUCH OF YOUR JUST RECENT DISCUSSION ON THIS PARTICULAR AREA IN TERMS OF IT BEING A GATEWAY INTO THE CITY.

YOUR ACKNOWLEDGMENT OF WHAT'S HAPPENING IN OUR BORDERS, I THINK, IS GOOD IN TERMS OF LAND USE PLANNING.

I KNOW THAT THE COMPREHENSIVE PLAN IS SORT OF OUTDATED, BUT THERE IS SOME LOGIC TO IT IN TERMS OF WHAT IT HAS PROPOSED FOR THESE PARTICULAR AREAS FOR MIXED USE.

AND AS YOU SAW IN THE STAFF REPORT, THAT'S WHAT WE ECHOED.

SO THIS BEING A REQUEST TO DE-ANNEX PROPERTY OUT OF THE CITY LIMITS, 29 ACRES, IT'S ABOUT 250FT DEEP, I THINK FROM THE 288 RIGHT OF WAY WEST OF THE RIGHT OF WAY OF 288 AND OF COURSE, JUST SOUTH OF THIS, WE'RE EXPECTING A MEDICAL CAMPUS TO DEVELOP IN THIS GENERAL CORRIDOR AREA.

SO IT WOULD BE ONE OF OUR GROWTH SECTOR AREAS THAT WILL PUT A LOT OF ATTENTION TO.

SO THOSE ARE JUST SOME INITIAL COMMENTS FROM STAFF.

OKAY. THANK YOU.

COUNCIL.

ONE SECOND.

I'LL MAKE A MOTION TO DENY THE REQUEST FOR POSSIBLE ACTION TO REMOVE THE ANGLETON 300 REZ DEV LP.

BASICALLY THAT 29 ACRES FROM THE CITY OF ANGLETON.

SECOND. YEAH, I HAVE A MOTION BY MAYOR PRO TEM TOWNSEND FOR DENIAL.

SECOND BY COUNCILMAN BOOTH.

FURTHER DISCUSSION.

CALL FOR THE VOTE. ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE.

AYE. ALL THOSE OPPOSED? SAME SIGN. MOTION CARRIES.

SKIPPING TO 13.

DISCUSSION OF POSSIBLE ACTION TO APPROVE RESOLUTION NUMBER 20240326.

DASH 013 12 1212 1212.

OKAY. NUMBER 12.

DISCUSSION OF POSSIBLE ACTION TO APPROVE THE ANGLETON 300 RESIDENTIAL DEVELOPMENT LP AND ANGLETON STASSNEY LAND LP.

[12. Discussion and possible action to approve the Angleton 300 Res Dev LP, and Angleton Stasny Land LP, Petition for Release of an Area from a Municipality's Extraterritorial Jurisdiction (ETJ), being a tract containing 303.96 acres of land located in the Andrew Roberts Labor, in Brazoria County, Texas.]

PETITION FOR RELEASE OF AN AREA FROM A MUNICIPAL MUNICIPALITY'S EXTRATERRITORIAL JURISDICTION BEING ATTRACTED, CONTAINING 303.96 ACRES OF LAND

[02:55:02]

LOCATED IN THE ANDREW ROBERTS LABOR IN BRAZORIA COUNTY, TEXAS.

AND THANK YOU. WE HAD DISCUSSIONS ON SENATE BILL 238 238 REGARDING LAND WITHIN THE ETJ.

WE SPOKE ON THE GENERAL AREA IN TERMS OF PLANNING AROUND OUR BOUNDARIES, IN TERMS OF THAT CONVERSATION.

WE DO HAVE PLANNING AUTHORITY OUT IN THE ETJ, WHICH IS IMPORTANT, I THINK, TO US FROM A PLANNING PERSPECTIVE.

SO THIS BEING LAND THAT'S BEING REQUESTED TO BE RELEASED AS PART OF THAT PROCESS.

PER THE STATE CODE IS BEING BROUGHT TO YOU BY PETITION.

AS NOTED.

AND I'LL MAKE A MOTION TO DENY THE.

ANGLETON 300 RESIDENTIAL DEVELOPMENT AP, LP AND ANGLETON LP PETITION FOR RELEASE OF AN AREA FOR MUNICIPALITIES.

ETJ BEING A TRACT CONTAINING 303.96 ACRES OF LAND LOCATED IN THE ANDREW ROBERTS LABOR AND BRAZORIA COUNTY, TEXAS.

OKAY, I HAVE A MOTION BY COUNCILMAN SARTIN TO DENY SECOND BY COUNCILMAN ROBERTS ANY FURTHER DISCUSSION.

CALL FOR THE VOTE. ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE.

AYE. ALL THOSE OPPOSED? SAME SIGN. MOTION CARRIES.

WE ARE GOING TO SKIP.

SKIP 13 AND 14 AND WE'RE GOING TO GO INTO 15.

[15. Discussion and possible action on a request for a final plat extension for Austin Colony Subdivision, Section 1A for a period of one year as requested by Wayne Rea, II of Tejas-Angleton Development LLC.]

DISCUSSION AND POSSIBLE ACTION ON A REQUEST FOR A FINAL PLAT EXTENSION FOR AUSTIN COLONY SUBDIVISION SECTION ONE A FOR A PERIOD OF ONE YEAR, AS REQUESTED BY WAYNE RAY, THE SECOND OF ANGLETON DEVELOPMENT, LLC.

THANK YOU, MAYOR AND COUNCIL, EXACTLY WHAT YOU JUST SAID.

THIS IS A PLAT EXTENSION REQUEST BY MR. SANDY RAY. HE IS HERE TO UPDATE YOU ON THE AUSTIN COLONY SUBDIVISION.

AS YOU KNOW, IT IS A PD AND ALSO A PID.

BUT MR. RAY WOULD LIKE TO, I GUESS, UPDATE THE COUNCIL ON THE DEVELOPMENT AND THE REQUEST OF EXTENSION OF PLAT.

OKAY.

WELL, I'M NOT GOING TO PROPOSE BUILDING AN ELECTRICAL GENERATOR WITH A WALL OF FANS.

THANK YOU FOR HEARING ME.

WE ARE SCHEDULED TO CLOSE A TRANSACTION ON APRIL THE 4TH, WHICH WILL PROVIDE THE FUNDS TO START CONSTRUCTION.

YOGI BERRA SAID IT BEST.

THE GAME AIN'T OVER UNTIL IT'S OVER.

ON APRIL THE 4TH, I'LL BE THERE IF EVERYBODY SHOWS UP AND THEY ALL GOT THEIR MONEY.

WE WILL HAVE THE FUNDS TO START CONSTRUCTION.

I EXPECT 30 DAYS TO REVIEW THE PLANS AND MEET WITH OTIS AND THE STAFF AND.

AND THEN ANOTHER 30 DAYS TO LET THE BIDS AND BE BE STARTING CONSTRUCTION, SOMETIMES WITHIN THE FIRST 90 DAYS.

IF IT DOESN'T CLOSE.

AND I'M OPTIMISTIC THAT IT WILL.

BUT I'M ALSO 76 YEARS OLD, AND I'VE SEEN A LOT OF DEALS BLOW UP.

I WILL SAY THIS THE MARKET, THE PERCEPTION THAT WE'RE IN A GOOD MARKET, THE PERCEPTION THAT THE REAL ESTATE INDUSTRY IS COMING BACK, THE PERCEPTION THAT INTEREST RATES ARE GOING DOWN.

THERE'S GREAT INTEREST BY INVESTORS, BUILDERS, REALTORS.

EVERYBODY IS REALLY INTERESTED.

I THINK WE'LL GET IT DONE.

I WILL SAY THIS, THOUGH, THE PERCEPTION IS FAR GREATER THAN THE ACTUAL NUMBERS.

THE REALITY IS WAY DOWN HERE IN THE PERCEPTION IS WAY UP THERE.

BUT THAT'S KIND OF AMERICANS.

SO I'M LOOKING FORWARD TO WORKING WITH YOU.

AND I'M HOPING THAT WE.

EXCUSE ME. GET THIS DONE.

OKAY. THERE IS NO CHANGES TO ANYTHING ELSE, RIGHT? EVERYTHING'S STILL THE SAME.

I ABSOLUTELY 100%.

NO CHANGE.

THEN WHEN WE GET IN THERE AND START GOING THROUGH EVERYTHING.

BUT, I MEAN, THE BIG THINGS, WE HAVE NO PLANS TO CHANGE LOT SIZES.

TICHENOR STREET, NOTHING.

NO, WE'RE WE'RE LOOKING FORWARD TO IT.

I THINK WE GOT A GOOD PLAN.

I THINK IT'LL WORK. OKAY.

ANYBODY HAVE ANY QUESTIONS FOR MISTER RAY? MR. ROY, DO WE HAVE AN APPROVED DEVELOPMENT AGREEMENT WITH YOUR DEVELOPMENT FIRM OR ARE WE STILL WORKING THAT OUT? NO, NO, WE SIGNED A DEVELOPMENT AGREEMENT, WHAT, A YEAR AND A HALF AGO.

AND I DON'T THINK THERE'S ANY TIME LIMITS OR ANYTHING.

[03:00:02]

IT IS. OH IS THERE.

OH YEAH. IS THERE.

OKAY. I'LL HAVE TO. WE'LL HAVE TO GO THROUGH THAT AND COME.

AND WE'RE NOT GONNA BEAT THAT DOG OKAY.

YEAH, THAT'S WHAT I SAID.

WE PROBABLY GOT ABOUT 30 DAYS OF THAT GOING BY AND REFRESHING EVERYTHING.

AND IF WE GOT TIME LIMITS AND THINGS OF THAT NATURE.

ANYBODY ELSE. YET, DO YOU? JUST CURIOSITY.

WHO ARE YOUR HOME BUILDERS? DO YOU KNOW YET? IS THAT STILL TO BE DETERMINED? EXCUSE ME. WHO ARE YOUR HOME BUILDERS? IS THAT STILL TO BE DETERMINED? YEAH, IT VERY MUCH TO BE DETERMINED.

D.R. HORTON IS PRETTY MUCH OUT OF THE PICTURE.

OKAY. BECAUSE I REMEMBER THAT THE REPORT, THE COST TO DEVELOP THOSE LOTS DOES NOT FIT IN THE D.R.

HORTON HOUSE.

SO WE'RE WE'RE HAVING TO COME UP A LITTLE BIT MORE.

BUT WE CANNOT SIGN A CONTRACT.

I'LL SAY THIS.

I'VE GOT ABOUT 5 OR 6 BUILDERS THAT WANT THESE LOTS.

NOW, WHAT THEY'LL PAY FOR THEM AND HOW MANY? THEY'LL SAY ALL THOSE THINGS HAVE TO BE WORKED OUT, BUT I CAN'T DO ANYTHING UNTIL I GET THE FUNDS TO START THE CONSTRUCTION.

AND THEN WE ACTUALLY START THE GET THE PROCESS AND GET READY TO MOVE DIRT BEFORE ANYBODY, ANY BUILDER, IS GOING TO SIGN A CONTRACT.

SO THAT'S TO BE DETERMINED.

JUST ASKING.

I KNOW WE BEAT THIS ALL TO DEATH, BUT THE THE BUILDERS THAT YOU HAVE, I MEAN, WHAT KIND OF QUALITY ARE WE TALKING, BRICK? ARE WE TALKING HARDY? BOARD PLANK.

I MEAN, WHAT ARE YOU LOOKING? WHAT ARE YOU THINKING? FROM THE TIME WE MET, THE FIRST TIME YOU SHOWED ME, YOU KNOW, BRICK FACADES ON THESE HOUSES.

THE. OKAY, THE MINIMUM PRICE OF A HOUSE IS GOING TO HAVE TO BE 350.

THAT'S THAT'S THAT'S THE BARE MINIMUM.

HOW DO I GET THAT NUMBER? GENERICALLY, THE VALUE, THE VALUE OF THE LOT IS 20% OF THE HOUSE.

RIGHT. AND 20% IS WHAT I HAVE TO HAVE TO DEVELOP THESE LOTS.

SO THE MINIMUM IS 350.

WHAT IS 350 BY? THAT'S THE MINIMUM.

I'M EXPECTING 400 ON THE 60S.

BECAUSE HE'S 400 ON THE 60S.

350 THIS IS WHERE THEY START.

WE'RE NOT EXPECTING TO TO WE'RE EXPECTING TO DO 35 TO 50 HOUSES A YEAR.

35 IS MORE REALISTIC.

SO IT'S REAL. IT'S GOING TO BE SLOW.

NOTHING WRONG WITH SLOW.

YEAH. BUT I WILL SAY THIS I CAN'T GUARANTEE THAT.

I MEAN, I CAN I CAN GUARANTEE YOU WE WALKED AWAY.

WE'RE NOT GOING TO LOSE MONEY.

WE OWN THE LAND.

WE'RE NOT GOING TO LOSE MONEY.

AND I'M NOT GOING TO SELL THOSE LOTS LESS THAN WHAT IT COST ME.

AND I CAN TELL YOU IT'S $70,000 A LOT.

SO THAT'S AT LEAST A THREE 50 OUNCE.

BUT ON THE HOUSE AND THE STYLE, DO YOU KNOW WHAT? DO YOU HAVE A MINIMUM REQUIREMENT THAT YOU'RE GOING TO PUT ON THE BUILDERS OR, OR YOU CAN LET THE BUILDERS DICTATE THE KIND OF HOUSE THAT THEY BUILD ON THOSE LOTS.

WELL, THE THE BUILDER WILL DICTATE THAT THE WILL BUILD THEM.

BUT YOU KNOW, THE BUILDER IS NOT GOING TO BUILD SOMETHING THAT'S NOT WITHIN MARKET.

I MEAN, THESE ARE THESE ARE THE BUILDERS I'M TALKING TO ARE BIG ARE BIG BUILDERS EITHER NATIONWIDE, THEY MIGHT NOT BE A BIG BUILDER, BUT SOME OF THEM ARE BIG BUILDERS IN THE HOUSTON AREA.

SOME OF THEM ARE BIG BUILDERS NATIONWIDE THAT ARE JUST COMING IN.

AND, YOU KNOW, WE'VE HAD I MEAN, WE'VE DRIVEN AROUND ANGLETON.

THEY'VE SEEN WHAT'S HERE.

THEY SEE WHAT SELLS.

THEY'RE BASICALLY GOING TO BUILD PROBABLY A 1200 SQUARE FOOT HOUSE TO 1800 SQUARE FOOT HOUSE, ALL BRICK OR AT LEAST BRICK ON THE TWO, ON THE THREE SIDES, MAYBE HARDIEPLANK ON THE BACK.

SO, YOU KNOW, WHICH IS ABOUT WHAT YOU GET FOR 350, YOU GET UP TO FOUR GETS YOU GET UP TO THE 1800, 1200 SQUARE FEET.

EXCUSE ME. YEAH.

MINIMUM 1200.

AT WHAT PRICE POINT THREE 350,000 IS THE MINIMUM PRICE POINT THAT I.

THAT I WOULD EXPECT GARAGE WOULD BE HERE NOW YEAH.

[03:05:07]

WELL, HE SAID HIS GARAGE IS BIGGER THAN THAT 1200 SQUARE FEET.

IT'S ABOUT. YEAH.

THAT KID. YEAH.

ALL RIGHT. IT HAS AT LEAST HAD TO ASK YOU SOME QUESTIONS SINCE YOU SAT HERE THIS WHOLE EVENING, SO.

WELL, I ENJOYED IT.

YEAH. COME ON NOW.

NO, I DID, I DID, I DID I CAN BE HOME.

YOU MAY BE THE ONLY ONE HERE THEN.

WELL, YOU KNOW, WHEN THE DEVELOPERS LOOK, I COULD BE HOME DOING HONEY DO'S.

WELL. THAT'S TRUE. YEAH.

ALL RIGHT. COUNCIL, DO WE HAVE ANY ACTION? NUMBER 15. WE WOULD LIKE TO MAKE A MOTION.

WE GRANT A FINAL PLAT EXTENSION FOR COLONY AUSTIN COLONY SUBDIVISION SECTION ONE A FOR A PERIOD OF ONE YEAR.

SECOND, I HAVE A MOTION BY COUNCILMAN GUDES, A SECOND BY COUNCILMAN ROBERTS FOR AN EXTENSION ON THE FINAL PLAT.

ANY FURTHER DISCUSSION? YEAH, I DO WANT TO ASK JUDITH.

SHE WALKED AWAY. SO WHEN WE SAY EXTENSION FOR ONE YEAR.

AND THEN WHAT ARE WE TALKING ABOUT HERE? WHAT SPECIFICALLY? SO A PLANT ONLY LASTS FOR A YEAR.

OKAY, SO WE'RE GIVING WE'RE EXTENDING IT FOR A YEAR.

AND WHEN WAS THE PLANT ORIGINALLY.

WAS IT APPROXIMATELY A YEAR AGO.

YEAH. SO WE'RE JUST RUNNING UP ON THAT OKAY.

AND THE REASON I ASK IS BECAUSE I HOPE MISTER RAY IS NOT GOING TO BE BACK HERE NEXT YEAR ASKING FOR ANOTHER EXTENSION.

SO I JUST WANT TO KEEP IN MIND THAT WHERE WE ARE.

OKAY. THANK YOU. OKAY.

CALL FOR THE VOTE. ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE.

AYE. ALL THOSE OPPOSED? SAME SIGN. MOTION CARRIES.

THANK YOU, MR. RAY. THANK YOU.

GOOD LUCK. OKAY.

I'M NOT MAKING THIS UP.

WE'RE GOING BACK TO 13 NOW.

CAN YOU JUST FIRE ME TONIGHT?

[13. Discussion and possible action to approve Resolution No. 20240326-013 setting hearing date on the Amended & Restated Tax Increment Reinvestment Zone (TIRZ) No. 2 Project (Riverwood Ranch) and Financing Plan for April 23, 2024.]

SEND ME HOME. I'VE LOST CONTROL.

TOTALLY. WHAT ARE YOU THE NUMBER OF THESE THINGS? DISCUSSION OF POSSIBLE ACTION TO APPROVE RESOLUTION NUMBER 20240326.

DASH 013. SETTING A HEARING DATE ON THE AMENDED AND RESTATED TAX INCREMENT REINVESTMENT ZONE NUMBER TWO, PROJECT RIVERWOOD RANCH AND FINANCING PLAN FOR APRIL 23RD, 2024.

NOTICE. EXACTLY.

THAT'S WHAT'S BEING REQUESTED IS WE HAVE TO, OF COURSE, GIVE NOTICE IN THE NEWSPAPER OF THIS PARTICULAR HEARING FOR THE RIVERWOOD RANCH DEVELOPMENT.

AND THIS IS SPECIFICALLY TO SET THAT PARTICULAR PUBLIC HEARING FOR APRIL 23RD AT 6:00 PM.

AND THAT RESOLUTION WOULD DO SO.

DOES THIS GO BEFORE THE TOURIST BOARD AS WELL? OR DOES IT JUST GO TO COUNCIL? SO WE HAVE APPOINTED THE NEW TOURIST BOARD.

SO, JUDITH, WOULD THIS REQUIRE MEETING PRIOR TO THAT HEARING DATE? MOST LIKELY. I THOUGHT WE WERE GOING TO DO IT ON THE SAME DAY.

ON THE SAME DAY. ANDREA, COME UP AND HELP YOU.

THANK YOU. ANDREA. THANK.

THANK YOU, MAYOR AND COUNCIL.

YES. THIS PARTICULAR AMENDED AND RESTATED PLAN WILL HAVE TO GO BEFORE THE BOARD AS WELL ON THE 23RD OF APRIL, BUT THE ITEM TOOK ALL THE PUBLIC HEARING IS ONLY REQUIRED CITY COUNCIL ACTION.

OKAY, ANDREA, I ASK THE QUESTION.

HOW FAMILIAR ARE YOU WITH THE TOURS? YOU DO A LOT OF THEM.

I DO SIR.

IS THIS TOURS REGULAR? AND THE PURPOSE OF WHAT? ITS FUNDING. HOW MANY RESIDENTIAL DEVELOPMENTS HAVE YOU SEEN THAT ARE TOURS? IF YOU WANT ME TO QUANTIFY THAT, I CAN'T DO THAT BECAUSE I DON'T KNOW RIGHT OFF THE TOP OF MY HEAD.

BUT THE ONES THAT ARE TIED TO A PID, MOST PIDS ARE HAVE SOME RESIDENTIAL COMPONENT, IF NOT 100% RESIDENTIAL.

AND SO THE ONES THAT WE SEE THAT ARE PID TOURS, COMBOS THOSE ARE PRETTY MUCH RESIDENTIAL.

AND SO, MR. MAYOR, I KNOW YOU AND I HAVE TALKED ABOUT THIS PARTICULAR TOURS.

ITS INTENTION WAS SET UP TO BUY DOWN THE PIT ASSESSMENT, WHICH MAKES, AS YOU KNOW, THE HOMES IN THAT PARTICULAR DEVELOPMENT THAT THE TOURS IS TIED TO THE PIT AND

[03:10:02]

TOURS ARE TIED TO MORE AFFORDABLE.

YES, SIR. OKAY.

SOMEBODY ASKED ME THE LEGALITY OF THE TOURS, AND I DON'T KNOW THE ANSWER TO IT.

SO WHEN WHEN YOU SAY LEGALITY, DOES IT FIT IN THE CONTEXT OF STATE LAW? THE APPLICATION OF THE TERMS. SO I'M WONDERING I DON'T WANT TO SPECULATE, BUT I'M WONDERING IF THEY'RE TALKING ABOUT THE 30% RULE THAT'S LOCATED IN STATE LAW. AND SO THAT'S REFERRING TO THE EXISTING USE OF THE PROPERTY, MEANING PRIOR TO THE TOUR'S CREATION.

A LOT OF TIMES PEOPLE DO CONFUSE THAT, BUT I WOULD ONLY BE SPECULATING THAT THAT'S WHAT THAT PERSON'S REFERRING TO.

THAT'S FAIR. SO OKAY, JUST A QUESTION.

YEAH. WELL, I MEAN I THINK GENERALLY IT TOURS IS WHAT IT SOUNDS LIKE.

IT'S A SPECIAL ZONE.

RIGHT. SO IS THIS MECHANISM UNIQUE TO HAVE A TOURS AND A PED FOR A RESIDENTIAL DEVELOPMENT? I WOULD SAY THE ANSWER IS YES.

I THINK THAT IS UNIQUE.

I'M NOT GOING TO SAY THAT IT'S NOT ELSEWHERE IN THE STATE, BUT I THINK IT IS A UNIQUE VEHICLE.

OKAY. YEAH, I THINK THAT'S THAT'S AN HONEST, FAIR ANSWER.

AND THE ACTION TONIGHT IS JUST FOR THE COUNCIL TO SET THE HEARING DATE FOR THE AMENDED AND RESTATED TAX OR THE TOURS.

RIGHT. CORRECT, SIR. AND THE PURPOSE OF THAT AMENDED AND RESTATED PLAN IS TO BRING IN SECTIONS THREE AND FOUR, WHICH IS NOW KNOWN AS RIVERWOOD RANCH NORTH, INTO THE TERSE TWO PLAN.

THAT'S THE WHOLE PURPOSE OF THE AMENDED AND RESTATED PLAN.

OKAY, OKAY.

COUNCIL, MAKE A MOTION TO APPROVE THE RESOLUTION NUMBER 2020 40326-013 SETTING HEARING DATE ON THE AMENDED AND RESTATED TAX INCREMENT REINVESTMENT ZONE NUMBER TWO PROJECT AND FINANCING PLAN FOR APRIL 23RD, 2024. SECOND, I HAVE A MOTION BY COUNCILMAN BOOS.

SECOND BY COUNCILMAN ROBERTS FOR SETTING THE HEARING DATE AND MOVING FORWARD ON THAT ON APRIL 23RD, 2024. ANY FURTHER DISCUSSION? CALL FOR THE VOTE. ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE.

AYE. ALL THOSE OPPOSED? SAME SIGN. MOTION CARRIES.

OKAY. BEAR WITH ME ON THAT.

YEAH, WE'RE GOING TO WE'RE GOING TO DO SOMETHING REALLY CRAZY AND WE'RE JUST GOING TO READ 14, 16 AND 17 ALTOGETHER AND JUST TAKE THEM ALL AT ONE TIME.

[Items 14, 16, & 17]

ITEM NUMBER 14 DISCUSSION AND POSSIBLE ACTION TO APPROVE RESOLUTION NUMBER 20240326-014 ACCEPTING A PRELIMINARY SERVICE AND ASSESSMENT PLAN AND SETTING THE ASSESSMENT LEVY PUBLIC HEARING DATE FOR APRIL 23RD, 2024 FOR THE RIVERWOOD RANCH NORTH PUBLIC IMPROVEMENT DISTRICT.

ITEM NUMBER 16 DISCUSSION AND POSSIBLE ACTION ON THE APPROVAL OF THE REIMBURSEMENT AGREEMENT AS REVISED FOR THE RIVERWOOD RANCH NORTH PUBLIC IMPROVEMENT DISTRICT AND ITEM NUMBER 17.

DISCUSSION OF POSSIBLE ACTION ON THE ELIGIBLE EXPENSES SUBMITTED FOR REIMBURSEMENT, THE SAP, THE REIMBURSEMENT AGREEMENT AND THE ITEMS SUBMITTED BY THE DEVELOPER FOR REIMBURSEMENT AND OTHER ITEMS, INCLUDING THE RESTRICTIVE COVENANTS AND HOA IN THE RIVERWOOD RANCH PUBLIC IMPROVEMENT DISTRICT PHASES ONE AND TWO OF RIVERWOOD RANCH.

THANK YOU, MAYOR AND COUNCIL.

THIS ITEM WAS BROUGHT TO YOU BACK IN FEBRUARY.

WHAT WE'LL DO IS WE'LL START WITH ITEM NUMBER 17, WHICH IS JUST AN UPDATE TO WHERE WE LEFT OFF THERE.

AND THEN ANDRE IS GOING TO ASSIST US IN EACH ONE OF THE THREE ITEMS IN TERMS OF THE REIMBURSEMENT PLAN AND ALSO SETTING THE PUBLIC HEARING.

REGARDING THE PSAP THE SERVICE ASSESSMENT PLAN FOR RIVERWOOD NORTH.

BUT HOWEVER, THIS ITEM NUMBER 17 DEALS WITH SOME OF THOSE REIMBURSABLE EXPENSES THAT WE TALKED ABOUT IN FEBRUARY REGARDING RIVERWOOD RANCH PHASES ONE AND TWO, THERE WAS A LARGE DISCUSSION REGARDING RECREATIONAL USES AND SOME OF THE HARDSCAPE.

I THINK COUNCIL'S MESSAGE IN THAT PARTICULAR MEETING WAS QUITE CLEAR IN TERMS OF WHAT YOU FELT SHOULD BE CONSIDERED REIMBURSABLE.

ANDREA WILL RUN US THROUGH THE BUDGET PLAN FOR RIVERWOOD RANCH.

AND WE'LL DISCUSS SOME OF THOSE PROJECT COSTS WHICH HAVE BEEN CERTIFIED FOR REIMBURSEMENT.

AND THEN WE CAN ALSO SPEAK ON THE DEVELOPER'S PROPOSAL FOR THOSE RECREATIONAL SUBSTITUTES THAT WE ALSO BROUGHT UP IN THAT PARTICULAR MEETING. SO, ANDREA.

[03:15:01]

THANK YOU, MR. MAYOR AND COUNCIL.

YES. SO, AS OTIS HAD HAD JUST MENTIONED WE'LL COVER THE LAST ITEM FIRST.

MOSTLY BECAUSE THAT PARTICULAR ITEM IS GOING TO DRIVE WHETHER OR NOT WE NEED ACTION ON THE OTHER ITEMS. SO AS WE LEFT OFF IN FEBRUARY I WENT BACK AND RAN SOME NUMBERS FOR THE COUNCIL AND PUT TOGETHER REAL QUICK TODAY. THIS WHAT I'M GOING TO CALL BUDGET AMENDMENT DOCUMENT, FOR LACK OF BETTER TERMS. I DID SOME FURTHER RESEARCH AND HAD SOME DISCUSSION WITH WHAT I CONSIDER TO BE EXPERTS ON, ON THE STATE LAW.

AND IT IS MY UNDERSTANDING THAT UNDER LOCAL GOVERNMENT CODE 370 2.0 13D AND I'LL READ IT TO YOU, IT SAYS THE GOVERNING BODY OF THE MUNICIPALITY SHALL REVIEW AND UPDATE THE SERVICE PLAN, WHICH IS THAT REALLY THICK DOCUMENT THAT WE BRING TO YOU EVERY YEAR, THE AUGUST SEPTEMBER TIME FRAME.

ANNUALLY, FOR THE PURPOSES OF DETERMINING THE ANNUAL BUDGET FOR IMPROVEMENTS.

SO WHEN WE TALKED IN FEBRUARY I DON'T REMEMBER WHO ON THE COUNCIL HAD ASKED ABOUT OVERRUNS AND UNDERRUNS.

AND SO BOND COUNSEL THAT I SPOKE WITH HAPPENS TO BE YOUR BOND COUNSEL, JULIE PARTAIN.

SHE'S ONE OF ONE OF THE BEST.

AND SHE LET ME KNOW THAT UNDER 372 013D YOU COULD EVEN THOUGH THE FACILITIES AND COST REIMBURSEMENT AGREEMENT DOESN'T ADDRESS OVERRUNS AND UNDERRUNS, YOU COULD AMEND THE BUDGET HERE TONIGHT IF YOU WANTED TO, TO ALLOW FOR THOSE SUBSTITUTIONS, AS OTIS PUT IT. SO I THOUGHT WHAT WE WOULD DO IS START FROM THE LEFT AND I'LL JUST KIND OF QUICKLY WALK YOU THROUGH, BECAUSE I KNOW YOU'RE PROBABLY READY TO, TO GET MOVING AND AND GET HOME TO YOUR FAMILIES.

BUT THE TOTAL ASSESSMENT THAT WAS LEVIED IN 2020 WAS $5,180,000.

AND THEN THE NEXT COLUMN IS A LIST OF THE PUBLIC IMPROVEMENTS THAT ARE EXACT FROM THE SAP, THE WHAT WE CALL THE ORIGINAL SAP THAT WAS APPROVED BY THE CITY COUNCIL, WHICH TOTALED $5,355,624.

AND THAT FIGURE IS ROUNDED TO THE NEAREST DOLLAR.

JUST SO YOU'RE AWARE. SO SOME OF THE SENSOR ARE NOT GOING TO BE THERE, AND IT'S BROKEN DOWN BY PUBLIC IMPROVEMENT TYPE SO THAT YOU CAN SEE THE ONE THAT'S IN ITALICS IS A SUBTOTAL OF THE ONES ABOVE THAT.

AND THE REASON WHY I DID IT THAT WAY IS WHEN OUR DRAW TEAM AT P3 WORKS WAS REVIEWING THE COST THAT WERE SUBMITTED BY THE DEVELOPER.

THEY DID IT AS A GROUP AND I WILL GO BACK AND BREAK THEM DOWN FOR YOU.

SO THAT WE HAVE EACH PUBLIC IMPROVEMENT WITH ITS SPECIFIC BUDGET.

BUT FOR TIME'S SAKE TODAY, I DIDN'T HAVE SUFFICIENT TIME BETWEEN THE TWO MEETINGS THAT I HAD ONE THIS MORNING AND THEN YOURS THIS EVENING TO DO THAT LEVEL OF DETAIL.

SO I JUST LEFT IT THE WAY THAT THE DRAW TEAM HANDLED IT, AND THEN I'LL BREAK THEM OUT LATER.

SO YOU CAN SEE THE ORIGINAL BUDGET AND THEN JUST OFF THE TOP BECAUSE THIS PARTICULAR PID, WHICH IS RIVERWOOD RANCH, NOT RIVERWOOD RANCH NORTH, WHICH RIVERWOOD RANCH IS SECTIONS ONE AND TWO AND NORTH IS SECTIONS THREE AND FOUR, BECAUSE THAT ONE WENT FROM WHAT WAS PROPOSED TO BE A BONDED PID TO A CASH PID.

YOU RIGHT OFF THE TOP HAVE TO REMOVE THE BUDGET FOR DEBT SERVICE RESERVE CAPITALIZED INTEREST UNDERWRITERS DISCOUNT AND COST OF ISSUANCE BECAUSE YOU WILL NOT HAVE THOSE EXPENDITURES.

AND SO THAT AUTOMATICALLY RIGHT OFF THE TOP REDUCES THAT REDUCES THE OVERALL BUDGET FOR THE PROJECT.

AND THEN THE DEVELOPER SUBMITTED.

SO THE NEXT COLUMN MOVING OVER TO THE NEXT COLUMN RIGHT NOW IT SAYS PROJECT COST REIMBURSED.

AND I TOLD OTIS I'M GOING TO UPDATE THIS BECAUSE REALLY THAT'S NOT WHAT WAS REIMBURSED BECAUSE IT'S A CASH PAID.

HE'LL GET REIMBURSED ANNUALLY FOR THE NEXT 30 YEARS.

WHAT I REALLY SHOULD HAVE PUT IN THAT COLUMN, JUST SO YOU KNOW, AND I'LL SEND OUT A REVISED VERSION FOR YOU, IS, IT SHOULD SAY, CERTIFIED PROJECT COST AS REIMBURSABLE, MEANING THAT THEY CERTIFIED THIS AMOUNT IN TERMS OF COST.

SO OVER THE NEXT 30 YEARS, THEY'RE ENTITLED TO GET THE ASSESSMENT FUNDS THAT COME IN FROM THE PAYMENT OF THE ASSESSMENTS FROM YOUR PROPERTY OWNERS, LESS THE ANNUAL COLLECTION COST.

AND THEN ONCE THE TOTAL IS SATISFIED OF WHAT THEY'VE CERTIFIED, THEN NO MORE.

THERE'S NO MORE ASSESSMENT.

THERE'S NO MORE PAYMENT TO THE DEVELOPER.

DOES THAT MAKE SENSE? SO THAT NUMBER TOTALS $4,808,858.11.

OKAY. THEN WE WE PROCESSED.

SO IF YOU PROCESS DRAW NUMBER ONE, THE BUDGET AMENDMENT.

THAT WOULD BE NEEDED WOULD BE AN INCREASE TO WATER, SEWER AND DRAINAGE OF

[03:20:05]

$417,669.90. BECAUSE THAT'S HOW MUCH MORE THE DEVELOPER SPENT ON ROADWAY, WATER, SEWER AND DRAINAGE THAN WHAT WAS INCLUDED IN THE ORIGINAL SAP.

AND I CAN TELL YOU THE TWO TOP SPENDERS ARE ROADWAY AND STORMWATER.

THOSE WERE THE TWO BIG ONES THAT WENT OVER.

OKAY. AND THEN THE NEXT CATEGORY IS LANDSCAPE AND PARK.

AND THAT ONE, AS A RESULT OF THE COST THAT WE'RE CERTIFIED, OF THE $4.8 MILLION SPENT, $44,549.62 MORE THAN WHAT WAS INCLUDED IN THE ORIGINAL SAP.

AND THEN YOUR CONTINGENCY WAS WELL UNDER.

SO THERE'S MONEY THERE TO OBTAIN AND GET AND UTILIZE FOR SOMETHING ELSE IF AND ONLY IF THE COUNCIL WANTS TO DO THAT.

SO YOU DON'T HAVE TO DO THAT.

AND SAME THING FOR THOSE BOND ISSUANCE COSTS.

YOU CAN CHOOSE TO ALLOW THOSE TO BE REDISTRIBUTED AND UTILIZED FOR SOMETHING ELSE, BUT YOU DON'T HAVE TO.

AND THEN YOUR SOFT COSTS, THOSE CAME IN AT $680,000, WHICH IS $138,971.39 MORE THAN WHAT WAS INCLUDED IN THE SAP THAT WAS APPROVED ORIGINALLY.

SO I'LL JUST MOVE QUICKLY ACROSS THE NEXT COLUMN IS BUDGET AMENDMENT AFTER DRAW NUMBER TWO.

AND I PUT THE WORD SUBMISSION BECAUSE WE JUST RECEIVED IT AT P THREE WORKS ON FRIDAY.

AND I LOOKED AT IT QUICKLY AND I PUT IN THE INFORMATION THAT WAS SUBMITTED.

BUT UNDERSTAND THAT IT MEANS SUBMITTED, NOT CERTIFIED.

SO THAT MEANS P THREE WORK STILL HAS TO DO ITS PART AND REVIEW THE EXPENSES THAT WERE SUBMITTED.

MAKE SURE THAT OTIS HAS ACCEPTED THE PUBLIC IMPROVEMENTS OF WHICH THEY'RE SAYING THEY WANT TO BE REIMBURSED FOR.

AND THEN WE ALSO HAVE TO REVIEW THEIR RECEIPTS AND ANY AFFIDAVITS THAT WE REQUIRE THEM TO SUBMIT AS PROOF THAT THAT PARTICULAR CONTRACTOR SAYS THEY WERE PAID IN FULL.

OKAY. AND THEY HAVE NO CLAIMS ON THE IMPROVEMENTS.

AND THEN THE DEVELOPER, AS OF THE MARCH 6TH MEETING, THAT'S THE NEXT COLUMN.

IT SAYS BUDGET AMENDMENT AFTER PROPOSAL.

SO THE DEVELOPER, ON MARCH THE 6TH SUBMITTED A PROPOSAL ON A CALL WITH CITY STAFF TO PUT IN A PLAYSCAPE AND SOME OTHER AMENITIES IN SECTIONS ONE AND TWO, WHICH IS RIVERWOOD RANCH, THE ORIGINAL DEVELOPMENT.

JULIE PARTAIN WANTED TO MAKE SURE THAT THE COUNCIL, THE CITY, HAD PROTECTION IF YOU AGREED TO DO THAT, AND SHE INCLUDED LANGUAGE IN THE REIMBURSEMENT AGREEMENT FOR NORTH THAT WILL REQUIRE THEM TO DO THIS.

IF YOU AGREE, THAT'S WHAT YOU WANT TO DO.

SO THAT'S THE REASON WHY WE HAD TO DO THIS ONE FIRST, BECAUSE IF YOU SAY NO, THEN WE'VE GOT TO STRIP THAT LANGUAGE OUT OF THAT REIMBURSEMENT AGREEMENT.

DOES THAT MAKE SENSE? OKAY. SO THAT TOTAL IS $204,824.10.

SO THEN YOU GO OVER TO THE NEXT COLUMN WHICH SAYS REVISED BUDGET.

SO THAT WOULD BE YOUR TOTAL REVISED BUDGET IF YOU AGREE TO EVERYTHING AS PRESENTED HERE TONIGHT.

AND JUST UNDERSTAND THAT P THREE PRESENTATION OF THE NUMBERS IS NOT ADVOCATING FOR YOU TO DO ANY, ANY OF THE REQUEST.

WE ARE JUST PRESENTING THE NUMBERS TO YOU.

THAT IS STRICTLY A POLICY DECISION.

THE REVISED BUDGET WOULD TOTAL $5,034,679.27, WHICH WOULD MEAN THAT THE ASSESSMENT WOULD STILL HAVE TO BE LOWERED $145,320.73.

DOES THAT MAKE SENSE? OKAY. SO IF WE COULD KIND OF TAKE IT AS YOU AS YOU CAN IMAGINE, THE CERTIFIED, THE COSTS THAT HAVE ALREADY BEEN CERTIFIED AND WE'VE ALREADY BEGUN THE REIMBURSEMENT PROCESS.

HE RECEIVED A PAYMENT LAST YEAR AFTER THE ASSESSMENTS WERE COLLECTED AND THE ANNUAL COLLECTION COSTS WERE STRIPPED OUT OF THAT OF A LITTLE OVER $302,000.

AND THIS YEAR, IT'LL PROBABLY BE PRETTY CLOSE TO THE SAME AMOUNT.

WE TYPICALLY DO THOSE IN APRIL.

SO WE'RE REALLY LIKE COMING UP QUICK ON THAT.

SO THAT COLUMN IS DONE THAT THAT ONE'S BAKED.

THERE'S NO CHANGE IN THAT.

BUT THE COLUMN THAT SAYS CERTIFIED PROJECT COSTS REIMBURSED AS REIMBURSABLE, THAT ONE'S DONE.

BUT YOU DO HAVE A SAY ON DRAW NUMBER TWO.

AND YOU DO HAVE A SAY ON THE PROPOSAL COLUMN WHETHER YOU WANT TO DO WHETHER YOU WANT TO DO THOSE OR NOT.

[03:25:07]

DOES THAT MAKE SENSE? AND I WANT TO MAKE SURE THAT YOU KNOW, THAT DRAWER NUMBER TWO, THAT 16,000.

IF YOU LOOK AT THE FOOTNOTE THAT INCLUDES MATERIALS AND CONSTRUCTION FOR TWO LAKE FOUNTAINS IN SECTIONS ONE AND TWO, AND THEN YOU HAVE YOUR SOFT COST ASSOCIATED WITH THAT, WHICH IS CONSTRUCTION MANAGEMENT OF 4%.

SO. ARE THE FOUNTAINS SOMETHING THAT YOU WANT TO ALLOW? MEANING THAT YOU HAVE MONEY.

EXTRA MONEY IN SOME OF THESE BUCKETS UNDER PUBLIC IMPROVEMENTS THAT COULD BE REALLOCATED TO PAY FOR THOSE FOUNTAINS.

IT'S NOT A HALF TWO.

IT'S A POLICY DECISION FOR YOU AS COUNCIL WHETHER YOU WANT TO ALLOW IT.

AND P3 DOES NEED TO KNOW BECAUSE WE HAVE THE DRAW REQUEST AND WE WILL NEED TO PROCESS THAT DEPENDING ON WHAT YOUR RESPONSE IS.

AND EVEN IF YOU SAY YES, IF IT IF WE'RE NOT ABLE TO CERTIFY IT, THEN IT'S THEN WE'LL LET THE CITY KNOW THAT AS WELL.

BUT I DIDN'T WANT TO WASTE TIME CERTIFYING IF Y'ALL ARE NOT INTERESTED.

SO. SO THAT'S THE FIRST QUESTION, MR. MAYOR. OKAY.

IF YOU WANT DETAILS ABOUT THE FOUNTAINS, I WOULD DEFER THAT TO MR. FOLEY. OKAY.

ARE WE ONLY TALKING ABOUT? DRAW NUMBER TWO RIGHT NOW.

DRAW NUMBER TWO RIGHT NOW.

YES, SIR. OKAY. I'M GOING TO HAVE TO GO.

I JUST DON'T SEE THIS IS A FIT FOR A PID TO A DRAW.

EXCUSE ME. TO TO, LIKE, FOUNTAINS.

I JUST CAN'T SAY IN GOOD FAITH THAT LAKE FOUNTAINS ARE A PUBLIC IMPROVEMENT.

SO. BECAUSE EVERYONE ELSE CAN. I UNDERSTAND ESTHETICS, BUT THAT'S THAT'S NOT THAT'S NOT A PUBLIC IMPROVEMENT.

I WOULD AGREE ON THAT. I DON'T SEE HOW IT BENEFITS THE CITIZENRY OF ANGLETON AS A WHOLE, AS A PUBLIC.

PRETTY MUCH CONCENTRATING ON ONE AREA.

DO WE NEED A MOTION ON THAT TO DENY IT? THAT WOULD BE VERY HELPFUL.

IT WOULD BE ADVISABLE, YES.

OKAY. COUNCIL MAKE A MOTION TO DENY THE DRAWL TO AS BEING INCLUDED IN THE PID AND THE SOFT COST AS LONG AND THE SOFT COST.

BECAUSE I THINK THEY GO HAND IN HAND.

BUT OKAY, I HAVE A MOTION BY MAYOR PRO TEM TOWNSEND AND A SECOND BY COUNCILMAN ROBERTS TO DENY THE BUDGET AMENDMENT.

DRAW NUMBER TWO SUBMISSION.

ANY FURTHER DISCUSSION? CALL FOR THE VOTE. ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE.

AYE. ALL THOSE OPPOSED? SAME SIGN. OKAY, NOW, WHAT ABOUT THE OTHER ONE? OKAY. THANK YOU, MR. MAYOR. MICHELLE, IF WE COULD GET DETAILED MINUTES ON THIS ITEM, BECAUSE WE'LL HAVE TO USE IT AS OUR BACKUP FOR THE AUDITORS ON WHAT WAS APPROVED AND WHAT WASN'T.

OKAY. THANK YOU.

MR. MAYOR, THE THE NEXT COLUMN WOULD BE THE PROPOSED BUDGET AMENDMENT COLUMN, WHICH IS FOR, AS I MENTIONED TO YOU, A PLAYSCAPE.

AND IT ALSO INCLUDES SOME CONTINGENCY AS WELL AS THE ENGINEERING AND DESIGN, AS YOU CAN IMAGINE.

IT HAS SOME OTHER ITEMS IN IT.

I CAN GIVE YOU THE DETAIL IF YOU WOULD LIKE IT.

I BELIEVE THAT JULIE INCLUDED IT AS ATTACHMENTS TO THE TO THE OTHER ITEM.

YES. SO IF YOU ALL WANT TO LOOK AT IT AND SEE IF THAT'S SOMETHING, THEN I ALSO WOULD DEFER THIS ONE TO MEGAN, YOUR PARKS DIRECTOR, AS TO WHETHER IT'S SOMETHING THAT WOULD BE ADVISABLE FROM HER STANDPOINT.

THAT'S NOT MY ROLE TO ADVISE YOU ALL IN THAT REGARD.

SO IF YOU WANT TO HEAR FROM MEGAN BEFORE YOU MAKE A DECISION, THAT'S THAT'S UP TO YOU.

SO I'D LIKE TO REFRESH YOUR MEMORY THAT ONE OF THE REASONS WHY WE COMBINE THESE ITEMS WAS BECAUSE THE ITEMS BECAME COMBINED IN THE LAST MEETING, BY VIRTUE OF THE FACT THAT WE HAD THE RESIDENTS COME IN, THE RESIDENTS CAME IN, THEY RAISED THE ISSUES ABOUT THE HOA AND THE AMENITIES.

SO THAT DISCUSSION WAS BROUGHT IN.

SO THIS TIME, IN AN ABUNDANCE OF CAUTION, WE PUT EVERYTHING ON THE AGENDA.

AND AS A REMINDER, WHEN THE RESIDENTS CAME IN, THEY SAID THAT THEY WERE PROMISED ATHLETIC FIELDS AND OTHER RECREATIONAL ITEMS

[03:30:04]

FOR THEIR CHILDREN.

AND THE DEVELOPER WENT BACK AND PROPOSED THIS TO TO STAFF ON THE SIXTH.

AND THAT'S THE PLAYSCAPE THAT'S UP ON.

RIGHT. THAT'S WHERE THAT CAME FROM.

AND JUST ONE OTHER REMINDER, WHICH I'M SURE ANDRE WOULD GET TO THIS, BUT THE PROPOSAL INCLUDES THAT IT'S GOING TO BE PLACED IN THE DETENTION POND ON THE PROPERTY THAT BELONGS TO THE CITY THAT'S DEDICATED TO THE CITY.

SORRY FOR INTERRUPTION, BUT I REALLY THOUGHT THAT THEY NEEDED A LITTLE REMINDER OF HOW WE GOT HERE.

YES. BUT MAYOR AND COUNCIL, I DO WANT TO MAKE SURE THAT YOU KNOW THAT THE THE 425,589 THAT WAS IN THE ORIGINAL SAP, IT DID INCLUDE A PLAYSCAPE THAT WAS NOT DONE.

OBVIOUSLY. THAT'S WHAT I WAS.

IT ALSO INCLUDED SOCCER FIELD THAT WAS DONE.

BUT IT DOESN'T HAVE SOCCER GOALS.

SO JUST SO YOU'RE AWARE OF THAT.

AND MEGAN CAN TALK MORE ABOUT ANY ASPECTS OF THAT, HOW THAT $425,589 WAS SPENT, AS CAN I, BECAUSE I HAVE THE DETAIL ON IT, BECAUSE THEY SUBMITTED THE COST FOR IT. SO I CAN GIVE YOU ANYTHING THAT YOU WOULD WANT TO KNOW.

THAT WAS SUBMITTED FOR THAT WAS ALL LANDSCAPE, NO PARK.

SO SO HELP ME UNDERSTAND THAT.

YES. I DON'T UNDERSTAND WHAT'S GOING ON BECAUSE YOU SAID THEY DIDN'T PROVIDE A PART BUDGETED PROPOSED IN 2021, 425,000, BUT REIMBURSED $470,000 FOR A PARK THEY DIDN'T PUT IN.

YES. SO LET ME GO.

LET ME WALK THROUGH THAT WITH YOU BECAUSE I APPRECIATE THAT HELP.

I BROUGHT MY FOLDER TONIGHT, I APPRECIATE IT.

BEAR WITH ME. I'M GETTING TO THE RIGHT SHEET FOR YOU.

HOLD ON. HOLD.

OKAY, HERE WE GO.

SORRY. TRAVEL HEAVY PAPERWORK WAS.

IT'S ALL RIGHT. I'VE GOT SO MANY PAPERS.

OKAY, SO THE $425,589.

I'M GOING TO TAKE THIS SLOW.

SO Y'ALL TELL ME IF IT'S TOO SLOW AND I'LL SPEED IT UP.

SO THEY HAD A CATEGORY CALLED MONUMENT, AND IT HAD A MAIN ENTRY METAL SIGN FOR $32,000.

I DROVE THE PROPERTY TODAY.

I WENT THROUGH THE DEVELOPMENT TODAY BEFORE I CAME HERE.

AND THOSE ARE THERE.

I SAW THEM THEY THEY'RE I MEAN, THEY LOOK LIKE GOOD QUALITY.

AND THEN METAL PLANTER EDGE FOR $9,650, SIGN LIGHTING FOR $8,600, AND THEN A CONCRETE LANDSCAPE BORDER FOR $3,650, WHICH TOTALS $53,900.

THEN WE'LL MOVE INTO THE NEXT AREA, WHICH IS THE TRAIL AND PICNIC AREA.

SO THERE'S A CONCRETE TRAIL WITH SUBGRADE SIX FOOT WIDE 50,005 64, WHICH WAS DONE.

A BENCH ON CONCRETE PAD FOR 8400 WAS NOT DONE.

PICNIC TABLE ON CONCRETE PAD.

FIVE OF THOSE THERE WERE SIX SIX BENCHES COUNCIL FIVE PICNIC TABLES FOR 9000 WAS NOT DONE.

[03:35:06]

PICNIC SHELTER WITH CONCRETE PAD.

ONE OF THOSE FOR 34,000 WAS NOT DONE.

BARBECUE GRILL ON CONCRETE PAD WAS ONE OF THOSE AT 2300 WAS NOT DONE.

THEN WE HAVE THE TWO BAYS RIGHT THERE.

YES. CAN YOU GIVE ME THE NOT THE PRICE, BUT THE ITEMS THAT WEREN'T COMPLETED? THE BENCH, THE BENCH.

THERE'S SIX BENCHES, FIVE PICNIC TABLES, ONE PICNIC SHELTER.

PLEASE, PLEASE. AM I GOING TOO FAST? SORRY. SIX BENCHES, SIX BENCHES, FIVE PICNIC TABLES, FIVE PICNIC TABLES, ONE PICNIC SHELTER AND ONE BARBECUE GRILL. OKAY.

OKAY. ARE YOU READY FOR THE NEXT ONE? OKAY, THEN WE HAVE THE NEXT ONE.

THE NEXT CATEGORY IS PLAYGROUND, AND THERE'S A TWO BAY SWING SET.

I'M NOT GOING TO GO INTO ALL THE DETAIL THAT'S HERE FOR $5,200 A2-5.

I HAVE NO IDEA WHAT THAT MEANS.

IT PROBABLY MEANS SOMETHING TO MEGAN.

PLAY STRUCTURE.

YOU KNOW, 0255 2 TO 5 YEAR.

OKAY. 30,000.

THAT WAS NOT DONE.

NEITHER WERE THE SWING SETS.

SADDLE SPINNER 3200.

TWO OF THOSE THEY WERE NOT DONE.

CONCRETE BORDER TO PLAYGROUND FALL SURFACE FOR $4,600.

THAT WAS NOT DONE.

WOOD FIBER FEEL PLAYGROUND FOR 11,650.

THAT WAS NOT DONE.

SEATING WALL WITH CAP FOR 12 FIVE THAT WAS NOT DONE.

COLORED CONCRETE PAVING FOR 13.5.

THAT WAS NOT DONE TO PLAYGROUND.

OBVIOUSLY THAT WAS NOT DONE.

IF YOU DON'T HAVE A PLAYGROUND, YOU'RE NOT GOING TO HAVE A RAMP A BIKE RACK.

ONE OF THOSE FOR 975 WAS NOT DONE DRINKING FOUNTAIN, ONE OF THOSE FOR 4800 WAS NOT DONE.

OKAY. LET ME KNOW WHEN YOU'RE READY FOR THE NEXT CATEGORY.

WHAT IS THE NEXT CATEGORY? SOCCER FIELD. SPORTS FIELD.

EXCUSE ME. TONY, I CANNOT SPEAK TO THE WHETHER IT WAS DONE TO CODE OR NOT, SO THAT YOU'LL HAVE TO ASK MEGAN ABOUT SOCCER FIELD FOR 5000.

THAT WAS DONE, BUT IT WAS DONE AT A COST OF $7,850.

THE BUDGET WAS FOR FIVE, BUT THEY SPENT 7008 50.

SO THERE'S PART OF THE OVERAGE THAT YOU'RE SEEING ON THE BUDGET SHEET.

AND TWO GOALS FOR 2008 50.

SO THOSE WERE NOT DONE.

ITS GOAL IS 22 TWO GOALS.

THEY WERE 1425 A PIECE.

HOLY SMOKES. THAT TOTALS 2850 $2,850.

THE GOALS ARE NOT THERE.

ACCORDING TO THE DETAIL THAT I HAVE THE SOCCER FIELD, JUST SO YOU KNOW, COUNCIL INCLUDED TOPSOIL, SOD, PERIMETER AND HYDROSEEDING.

SO. LET ME KNOW WHEN YOU'RE READY FOR THE NEXT ONE.

OKAY, I AM WITHOUT THE GOALS.

IT'S A FANCY GRASSY AREA.

FANCY MIGHT BE A LITTLE LOOSE, BUT ARE YOU READY FOR THE NEXT ONE? OKAY. JUST SO.

JUST SO WE CAN SAVE SOME TIME.

THE REST OF THEM WERE DONE.

JUST SO YOU KNOW, I'VE ALREADY GOT TO.

ALL THE ONES. I'M SORRY, SIR, WHAT WERE THE BIGGEST OVERAGES? THE PLAYGROUND NUMBER WAS PUT IN, BUT WE WERE OVER THE BUDGET.

YEAH. WHAT? DROVE OVER? YEAH. HOW DO WE GET OVER? LET ME SEE.

I HAVE. YOU MAY HAVE TO PULL THAT ONE UP ON MY PHONE BECAUSE I DO HAVE THEM.

BUT I DON'T KNOW THAT I PRINTED THAT.

WELL, FOR ONE, JUST SO YOU KNOW, I KNOW OFF THE TOP OF MY HEAD, BECAUSE WE JUST TALKED ABOUT IT.

HE HAD ONE LAKE FOUNTAIN FOR $8,750.

BUT THE DRAW THAT WE GOT ON FRIDAY THE 22ND WAS FOR TWO FOUNTAINS.

SO THERE'S ONE OF YOUR OVERAGES.

COUNCIL LOOKS LIKE A CONCRETE TRAIL OVER THE BUDGETED $50 000.

DO YOU HAVE THE DETAIL THERE? I DON'T THINK IT'S THE SAME ONE THAT YOU HAVE.

THIS IS A DIFFERENT ATTACHMENT THAT WE HAD, BUT IT LOOKS LIKE.

YEAH, THAT'S NOT THAT'S NOT THOSE NUMBERS ARE NOT CORRECT.

THAT MEGAN IN THAT COLUMN WAS PROVIDED BY THE DEVELOPER.

AND THOSE NUMBERS ARE NOT LET ME PULL IT UP REAL QUICK, I APOLOGIZE, I SHOULD HAVE PRINTED THAT ONE AND I DID

[03:40:05]

NOT. BUT TECHNOLOGY WILL ALLOW ME TO PULL IT UP.

YOU MUST REALLY LIKE COMING TO CITY COUNCIL MEETINGS.

YEAH, HE'S A TROOPER.

I'M USED TO IT, SIR.

SHE WAKES UP EXCITED.

CITY COUNCIL. IF YOU REMEMBER WHAT I TOLD YOU.

I USED TO DO SO.

I'M USED TO IT.

OKAY. NO, THAT'S THE WRONG ONE.

ALL RIGHT, OTIS, CAN YOU PULL UP THE EMAIL ON YOUR IPAD THAT I SENT ON FRIDAY? I KNOW I SENT IT, BUT I'M NOT FINDING IT ON MY PHONE.

WELL, Y'ALL DO THAT. MICHAEL, CAN YOU COME UP TO THE PODIUM FOR A SECOND? I HAVE A QUESTION FOR YOU.

YES, SIR. LET ME ASK YOU THIS, THAT PLAYGROUND THAT YOU'RE TRYING TO PUT IN THE THE GRASSY AREA WHERE THAT SOCCER FIELD IS SUPPOSED TO BE. ISN'T THAT RIGHT? THAT'S RIGHT. SO IT'S REALLY THE ONLY PLACE THAT FITS THE SOCCER FIELD OR THE SLOPE FOR THE DETENTION POND STARTS RIGHT HERE.

THEN IT GRADUALLY GOES TO FLAT GROUND RIGHT HERE.

SO WE'RE PUTTING IT RIGHT AT THE CORNER OF THE FIELD.

SO YOU WOULD LOSE THE SOCCER FIELD? NO, SIR. THAT'S STILL THERE.

IT WOULDN'T GO IN THE FLAT PART.

IT WOULDN'T GO ACTUALLY IN THE DETENTION.

IT'S ON THE PERIMETER OF IT, ON THE BURM BEFORE IT STARTS SLOPING.

I WAS GOING TO ASK, WHY COULDN'T YOU JUST TAKE TWO OF THOSE ON THAT? THAT FIRST CUL DE SAC WHERE YOU HAVE YOUR MODEL HOMES? DON'T YOU STILL HAVE SOME OPEN SPOTS THERE? LIKE TWO LOTS THAT ARE WE DON'T THE BUILDERS HAVE THOSE.

THOSE ARE. YEAH, THOSE ARE THOSE.

YOU CAN'T BUY IT BACK FROM THE BUILDER.

NOW AND THOSE HAVE ASSESSMENTS LEVIED ON THEM ALREADY IN THE PIT.

DO YOU NOT LIKE THAT SPOT? I MEAN, I, I DON'T CARE PERSONALLY.

AS LONG AS YOUR RESIDENTS ARE GETTING WHAT THEY, WHAT THEY'VE ASKED FOR AND YOU'RE DOING IT, I THINK WE'RE GOING TO HAVE TO DISCUSS THEM ON REIMBURSEMENT AND ALL THAT.

BUT I MEAN, YEAH, THAT'S THAT'S FAIR.

AND, YOU KNOW, WE TRIED LOOKING AROUND FOR OTHER LOCATIONS, ESPECIALLY IN SECTION THREE AND FOUR.

THERE'S NOT AS MUCH ROOM.

AND FROM THE RESIDENTS I TALKED TO, THEY WANTED IT IN THE FIRST TWO SECTIONS.

SO THIS REALLY MADE THE MOST SENSE FOR LOCATION.

IT WAS THE BIGGEST SPOT WE HAD.

AND IT'S RIGHT.

IT'S RIGHT ON THAT AS YOU COME IN TO THE OFF OF.

YEAH THEY'RE OFF.

YEAH. RIGHT WHEN YOU COME IN AND IT'S IMMEDIATELY TO YOUR LEFT OR SO LIKE YOU COME IN AND THEN RIGHT WHERE THE FIRST CUL DE SAC HAPPENS ON THE LEFT, IT'S RIGHT WHERE THOSE FENCES ARE. THAT CORNER RIGHT THERE.

IT'S RIGHT THERE IN THE.

[03:45:01]

I WOULD SAY TOWARDS THE END OF THE STREET THAT DEAD ENDS, THAT GOES LEFT OR RIGHT.

RIGHT BEFORE THERE, THERE'S A CUL DE SAC ON THE LEFT WHERE THEY HAVE THE MODEL HOMES.

HE'S SAYING JUST BEFORE THAT ON THE LEFT HAND SIDE.

RIGHT. I MEAN, PEOPLE WALK, I SEE.

I MEAN, AND IF THAT'S WHERE YOU'RE GOING TO PUT IT, I MEAN, THAT'S WHERE I WOULD PUT IT AS WELL IF I HAD, IF I WAS IN THE POSITION I WAS AT AT THAT POINT.

BUT I DON'T WANT THE I DON'T THINK THE CITY SHOULD OWN IT.

NO. EVER.

EVER. HOA MAINTENANCE.

100%. YEAH.

DON'T WANT YOU ALL INVOLVED MAINTAINING IT AT ALL.

THAT'S AN HOA'S RESPONSIBILITY.

YEAH. AND LIABILITY.

YEAH, 100%.

WELL, AND A REMINDER, IT'S ON OUR PROPERTY, SO WE'D HAVE TO GET AN AGREEMENT IN PLACE, CORRECT, TO APPROPRIATELY TAKE CARE OF IF THAT'S WHAT THE PEOPLE WANT.

AND THEY'RE HAPPY. I MEAN, BUT I DO HAVE TO AGREE WITH MAIER ON THE REIMBURSEMENT ISSUE THAT I THINK THAT'S GOING TO BE A DIFFERENT DISCUSSION.

AND, MR. FOLEY, I MEAN, YOU SURVEYED RESIDENTS ON THIS.

SO, I MEAN, YOU SURVEYED RESIDENTS ON THIS, NOT WITH HOPKINS.

HE'S A HE CAME TO ONE OF OUR HOA MEETINGS LAST YEAR.

HE PARTICIPATED IN THE APRIL MEETING LAST YEAR, AND HE'S BEEN VERY INVOLVED ON THE FACEBOOK FORUM.

SO HE'S BEEN MY GO TO CONTACT, TALKING TO THE RESIDENTS AND RELAYING TO ME.

I'VE BEEN TEXTING HIM TONIGHT.

SO YEAH, HE LIKES THE PARK BEING IN SECTIONS ONE AND TWO.

HE'S A RESIDENT OF THAT RESIDENT.

HE WAS HERE LAST TIME ON THE TOURISM BOARD WITH US.

YOU WEREN'T HERE WHEN I MISS FORTUNATELY ADDRESSED HIM MISS HOPKINS TO PLEASE COME FORWARD.

AND IT WAS MR. HOPKINS I WAS I WAS I FELT BAD I DID NOT MEAN TO AND I DON'T UNDERSTAND.

I HAVE TO ASK I HAVE TO ASK THIS QUESTION BASED ON, YOU KNOW, UN DELIVERABLES WITH THE SUBDIVISION AND BULLET POINTS THAT HAVE BEEN MISSED OVER TIME.

I MEAN, THIS IS AGAIN, THIS ISN'T A PERSONAL THING.

THIS IS BUSINESS.

OKAY. AND YOU GOT IT.

OKAY, LET'S HEAR IT REAL QUICK.

SORRY AGAIN, MAYOR AND COUNCIL.

BUT OTIS CAME THROUGH FOR ME AGAIN.

OKAY. SO THE TRAIL THAT I MENTIONED THE CONCRETE TRAIL THAT WAS SIX FOOT WIDE, IT WAS BUDGETED AT 50,005, 64, AND IT CAME IN AT 92,008 44.

SO THERE'S ONE OF YOUR BIG OVERAGES, BIG ONE.

AND THEN THE NEXT LARGE ONE WAS WE DIDN'T GET THIS FAR DOWN WAS IRRIGATION.

IT WAS BUDGETED FOR 22 FIVE AND IT CAME IN AS $30,300.

SO THAT WAS ONE OF THE OVERAGES.

THEN WE ALSO HAVE.

THE FOUNTAIN.

THEY THEY'RE PUTTING IN TWO OR SAY THEY'RE GOING TO THEY DID PAY FOR TWO.

SO THAT'S $8,750 MORE THAN WHAT WAS INCLUDED ORIGINALLY.

AND THEN DETENTION POND IRRIGATION.

SO THE OTHER IRRIGATION WAS THE SPORTS FIELD.

AND THEN NOW WE HAVE DETENTION POND IRRIGATION.

IT WAS BUDGETED FOR 9500 AND CAME IN AT 11,400.

SO THOSE ARE THE ITEMS THAT THAT I'M SHOWING OVER JUST FOR.

THAT'S A. DOESN'T ADD UP TO ME.

NO IT DOESN'T. AND YOUR TOTAL WAS 470 ON THE AXLES? YES. THE ACTUALS.

I ACTUALLY HAVE THAT SUBMISSION.

AND THE INVOICES ON THAT ONE.

SO WE HAVE SO I HAVE INVOICES FOR 37,789 AND $0.11, 36,005 17 AND $0.47 52,001, 79 AND $0.38.

2007, 64 AND $0.71, AND THEN 5004.

[03:50:02]

LANDSCAPE PLAN DESIGN, WHICH TOTALS 134 TWO 5067.

AND ALL THE CATEGORIES UNDER THE SOFT SCAPE ON THE ORIGINAL SUBMISSION TOTALED 148 FIVE.

OKAY. AND THEN I ALSO HAVE.

THE MONUMENT SIGN.

THE MONUMENT SIGN, WHICH CAME IN WITH SOME OTHER HARDSCAPE FOR 227, 794 AND THEN SOME MORE LANDSCAPE AND HARDSCAPE FOR $100,900, FOR A TOTAL IN SECTION ONE OF THREE, 35, EIGHT, 87, 95. AND TO GET TO ALL THE SPECIFICS OF THOSE NUMBERS, I HAVE THE INVOICES HERE, BUT THAT WOULD TAKE SOME TIME, AS YOU CAN IMAGINE, TO GO BACK AND LOOK THROUGH THOSE.

BUT THOSE HAVE BEEN VETTED AS ACTUAL COST.

OKAY, SO I GUESS COUNCIL, WE NEED TO TALK ABOUT THIS PLACE PLAYGROUND.

NOT GETTING INPUT FROM MEGAN.

GO AHEAD. MEGAN. GOOD EVENING, MAYOR AND CITY COUNCIL.

SO WE DID HAVE AN OPPORTUNITY TO SPEAK WITH THE DEVELOPER ON MARCH 6TH, WHERE THEY PROPOSE THE PLAYSCAPE CONCEPT.

THEY DID MENTION IN THAT MARCH 6TH MEETING THAT MY UNDERSTANDING WAS THAT THEY WERE NOT SEEKING PED REIMBURSEMENT.

THIS WAS SOMETHING THAT THEY WERE DOING BECAUSE THE RESIDENTS, IN RESPONSE TO THE RESIDENTS INPUT AT THAT COUNCIL MEETING.

PREVIOUS COUNCIL MEETING.

THIS IS A UNIT I HAD AN OPPORTUNITY TO LOOK AT THE UNIT.

IT IS A 5 TO 12, SO YOU WOULD LIKELY BE SERVING MORE CHILDREN AT A LARGER AGE RANGE THAN WHAT WAS ORIGINALLY PROPOSED, A 2 TO 5.

AGAIN, WE MADE SURE IN THAT MEETING THAT THE HOA WE STAFF IS OF THE SAME BELIEF.

THE CITY DOES NOT WANT TO OWN THAT THE PLAYSCAPE OR THE MAINTENANCE OF THAT PLAYSCAPE.

AND THAT IT WOULD THE ONUS WOULD REALLY FALL ON THE HOA TO CONTINUE TO MAINTAIN.

AND SOME THINGS THAT I WOULD KEEP IN MIND AND NOTED FOR THE DEVELOPER IS THAT THE EXPECTED MAINTENANCE AND REPLACEMENT PLAN THAT WOULD THEN ALSO BE REQUIRED.

JUST SO YOU ALL HAVE AN IDEA OF WHAT MAINTENANCE TYPICALLY LOOKS LIKE FOR SOMETHING THAT IS BEING PROPOSED, LIKE THIS ROOF, WHICH IS YOUR ENGINEERED WOOD FIBER AND FALL MATERIAL. THAT'S SOMETHING THAT WE REPLACE AT OUR PLAYGROUNDS PROBABLY EVERY TWO YEARS.

BUT WE HAVE A CREW THAT GOES INTO ALL OF OUR PARKS ON A WEEKLY BASIS, AND BASED ON THE WEAR AND TEAR OR USE OF THOSE PLAYGROUNDS, THEY HAVE TO FLUFF THE MULCH AND RAKE IT UNDER THE SWINGS.

THERE'S A LOT OF ONGOING MAINTENANCE.

NOT TO MENTION THAT THIS IS A PLAYSCAPE THAT IMMEDIATELY BECOMES A LIABILITY.

AND SO IF YOU DON'T HAVE SOMEONE THAT IS GOING OUT THERE AND DOING HIGH FREQUENCY AND LOW FREQUENCY INSPECTIONS, THAT COULD POTENTIALLY BE A PROBLEM.

I'M JUST TELLING YOU ALL THE THINGS AND REASONS WHY THE CITY DOES NOT WANT TO OWN THIS PLAYSCAPE, BUT AGAIN, BECAUSE IT IS IN THE CITY'S OWNED DETENTION. AND LIKEWISE IS THE SOCCER FIELD.

I WANT TO MAKE SURE EVERYONE UNDERSTANDS WHILE IT'S A GREEN SPACE, IT IS DRY DETENTION.

BUT AGAIN, WE WOULD NEED TO HAVE SOME SORT OF AGREEMENT FROM WHAT I UNDERSTAND, BECAUSE IT WOULD BE ON CITY PROPERTY.

SO IT DOES NOT, AS IT STANDS, CONFORM TO OUR MINIMUM PARK STANDARDS.

OKAY. COUNCIL WERE YOU THINKING? I'M DISAPPOINTED THAT THERE'S NOT REPRESENTATION.

[03:55:02]

REPRESENTATION FROM THE FROM THAT DEVELOPMENT HERE.

I DID SEE ONE IN THE LADIES THAT JOINED US LAST TIME.

YEAH. THE REALTOR, SHE WAS HERE, AND I'M SURE SHE LOOKED AT THE AGENDA AND SAW WE WERE STILL ON ITEM ONE TWO HOURS IN AND DECIDED IT WAS PROBABLY NOT WORTH STICKING AROUND.

WELL, I APPRECIATE YOUR EFFORTS.

BUT, I MEAN, I UNDERSTAND YOUR POINT.

I'M JUST TELLING YOU, THERE WAS AT ONE POINT, SOMEBODY HERE, DO YOU WANT TO ALLOW THE 205,000 OR NOT? EVEN WITH THE 205, HE STILL UNDER THE THE ORIGINAL AMOUNT AND WE WOULD BE REDUCING PLUS THE WE DISALLOWED THE 17.5.

SO MY GOD, FROM THE PEOPLE THAT CAME HERE THE OTHER NIGHT.

THEY WANTED SOMETHING IN THERE CLOSE BY TO PLAY.

ABSOLUTELY. AGREED. AND I DON'T.

I DON'T BLAME HIM. I GET KIDS, WHATEVER AGE, AGE THEY ARE, THEY'RE THEY'RE EITHER PLAYING IN THE STREET OR WHATEVER THEY WANT.

THEY WANT A PLACE TO PLAY.

AND I THINK THEY'RE DUE A PLACE TO PLAY WITHOUT HAVING TO GET MAMA TO DRIVE THEM ACROSS TOWN, TO GO PLAY IN A IN A PARK.

I KNOW THIS IS COMPLETELY OFF TOPIC.

NO. NOT COMPLETELY, BUT YOU JUST HUMOR ME.

PLEASE. YEAH. YOU KNOW, I FEEL LIKE.

I FEEL LIKE THE CITIZENS OF THIS, THE CITIZENS OCCUPY THIS DEVELOPMENT FOR, LIKE, THEY'VE BEEN DISENFRANCHIZED.

OR IN SOME WAY WHAT AM I LOOKING FOR HERE? MISLED BY BY THE DEVELOPMENT COMPANY.

I MEAN, THAT'S THE INDICATION THAT I GOT WHEN WE WERE HERE, WHEN WE WERE HERE THE OTHER DAY.

NOT MY WORDS. THIS IS JUST WHAT WHAT I WHAT I TOOK FROM THAT YOU KNOW, WITH WITH THIS PLAYSCAPE, I JUST, I THINK THAT THEY HAVE, THEY HAVE CERTAIN EXPECTATIONS BASED ON WHAT THEY PURCHASED.

AND I HOPE THAT IN THE, IN THE NEXT DEVELOPMENT, THERE IS A PLAN TO TRY TO ACCOMMODATE THEM EVEN FURTHER.

SO I GOT THE IMPRESSION LAST TIME I WAS HERE THAT THE RESIDENTS THOUGHT THAT WE WERE SOMEHOW RESPONSIBLE, AND I DON'T KNOW HOW THAT REPRESENTATION WAS MADE TO HIM OR THEIR THEIR BELIEF, BUT THAT THEY WERE COMING HERE TO RALLY AND SUPPORT THE DEVELOPMENT, RECEIVING FUNDS FROM THE CITY TO DEVELOP THIS PARK. AND I THINK THROUGH DISCUSSIONS, I HOPE THEY UNDERSTOOD THAT THIS PID WAS ESSENTIALLY THEM REIMBURSING YOU FOR WHAT YOU HAVE PROVIDED TO THE.

IT HAS NOTHING TO DO WITH WHAT THE CITY.

OBVIOUSLY, WE GIVE YOU THE PERMISSION TO DO THAT.

WE GRANT YOU THE RIGHTS TO TO ASSESS THIS PID.

SO I JUST WANT TO BE VERY CLEAR.

AND, YOU KNOW, IF YOU HAVEN'T BEEN FOLLOWING ALONG THAT WE AS CITY COUNCIL, THAT'S YOUR DEVELOPMENT.

NOT OUR DEVELOPMENT.

ANYTHING. NOW, I UNDERSTAND YOU CAN'T CONTROL WHAT SALESPEOPLE SAY TO.

I'M HERE. YOU KNOW, YOU'RE NOT YOUR DEVELOPER, BUT YOUR HOME YOUR TWO MODEL HOMES OR WHOEVER YOUR BUILDERS ARE AROUND THE HAND. OTHER HAND. I DON'T WANT THOSE RESIDENTS LOOKING AT US AND GOING, HEY, YOU GUYS, LET US DOWN.

WE DIDN'T. WE WERE NEVER REALLY.

THIS WAS NEVER US.

THIS WAS NEVER CITY COUNCIL OR ANYBODY ELSE WHO SAT UP HERE IN CITY COUNCIL PRECEDING US.

I WOULD LIKE FOR YOU TO GO FURTHER AND PROVIDE SOMETHING.

I'M NOT SOLD ON THE REIMBURSEMENT.

THAT'S JUST HOW I FEEL.

MY, MY THING IS YOU'VE YOU WERE IN YOUR BUDGET GOING TO PUT IN A PAVILION AND OTHER THINGS AND THEY DIDN'T HAPPEN. YEAH. BUT THERE'S COST OVERRUNS HERE AND THERE.

BUT, YOU KNOW.

WHAT I'M. WHAT I'M KIND OF CONCERNED ABOUT IS IF WE SAY YES TO $205,000, YOU STILL DON'T HAVE A ARE YOU PUTTING ANY COVERED PAVILIONS

[04:00:01]

OR ANYTHING ELSE STILL IN THAT WAS IN THE ORIGINAL PLAN, OR ARE YOU JUST DOING THE PLAYGROUND AT MINIMUM? THIS IS WHAT WE'RE PROPOSING TO DO AND IT'S REALLY ALL WE HAVE SPACE AVAILABLE TO DO.

WE HAD AN ORIGINAL PARK PLAN THAT THIS BUDGET WAS BUILT ON, AND THE SPACING AND HOW THE DETENTION ENDED UP BEING DESIGNED WITH IT. IT YOU CAN'T FIT ALL THOSE THINGS IN THERE ANYMORE.

I MEAN, WE TRIED TO GET OUR ARCHITECT TO DESIGN MAXIMUM WHAT WE COULD FIT IN THAT SPOT RIGHT THERE.

AND WE REALLY I MEAN, SECTION THREE AND FOUR, THERE'S LIMITED, LIMITED SPACE AND THE PONDS ALREADY BUILT.

SO IT WOULD BE A FRACTION OF THIS.

SO THIS THIS IS REALLY AS BIG AS IT CAN GET.

BUT HOW WAS IT ORIGINAL TO TO BE THAT ORIGINAL PARK PLAN IS WHAT WE WANTED TO DO.

AND THAT BUDGET WAS APPROVED OFF OF IT.

WE JUST NEVER GOT APPROVED.

SO BUT WHERE WAS IT SLATED TO GO? THERE WAS MORE SPACE IN THIS BOTTOM CORNER.

IT WAS GOING TO BE A PLAYGROUND. AND RIGHT NEXT TO IT, IT WAS GOING TO BE THE PICNIC SHELTER.

BUT THAT WAS ON CITY LAND, RIGHT? Y'ALL WERE PLANNING ON ALWAYS PUTTING THAT ON CITY LAND? YES, SIR. IT WAS ON US TO MAINTAIN.

SORRY, SIR, FOR US TO MAINTAIN IT.

NO, SIR. IT WAS ALWAYS GOING TO BE MAINTAINED BY THE HOA.

AND WE HAVE IN OUR DEED RESTRICTIONS THAT ARE RECORDED LANGUAGE THAT THE HOA IS CURRENTLY MAINTAINING.

THIS AND OUR ATTORNEY OVER THE PAST FEW WEEKS HAS WORKED WITH JUDITH TO ADD IN OTHER, YOU KNOW, THE LIABILITY NOT FALLING ON THE CITY AND MAKE THE LANGUAGE STRONGER. AND IF SHE'S COMFORTABLE WITH IT, WE'RE HAPPY TO GO.

WE'RE HAPPY TO DO WHATEVER YOU NEED ON THE LANGUAGE FOR THAT.

SO THEY'RE IN RESPONSE TO MY LETTER.

I DID GET A RESPONSE FROM THEM WITH PROPOSED AMENDED RESTRICTIVE COVENANTS, BUT I HAVE NOT GONE BACK TO THEIR ATTORNEY YET.

THEY HE DID GET YOUR ATTORNEY DID GIVE US INFORMATION.

AND WHILE WE'RE TALKING ABOUT IT, I GUESS I MIGHT ADD THAT FROM WHAT I CAN TELL FROM THE PAPERWORK, THERE IS AN HOA AND THERE IS A MANAGEMENT COMPANY.

BUT THE REASON WHY THE RESIDENTS DID NOT KNOW ABOUT THE MEETING IS BECAUSE THE ONLY MEETING THEY HAVE IS IN APRIL OF THE YEAR, AND THERE WAS A MEETING IN APRIL OF 2023, BUT IT DOESN'T REFLECT THAT THERE WERE ANY.

THERE WERE ONLY LIKE SIX PEOPLE IN THE MEETING FROM THE MINUTES.

THE MINUTES ARE ONE PAGE.

SO FOR ALL INTENTS PURPOSES, IT REALLY HASN'T BEEN AN INTERACTIVE MEETING WITH THE HOMEOWNERS, BUT THEY'VE GOT THE MECHANISM IN PLACE TO DO SO IN THE FUTURE. AND I WILL BE CONTINUING TO NEGOTIATE WITH HIS ATTORNEY ABOUT REVISING THE RESTRICTIVE COVENANTS TO PROTECT THE CITY.

BUT I HAVEN'T DONE THAT YET, BECAUSE IT KIND OF DEPENDS ON WHAT WE DO TONIGHT.

MICHAEL, WHAT'S RIGHT THERE? TREES? YEAH, THE LANDSCAPING AND TREES.

HOW MUCH ROOM DO YOU HAVE RIGHT THERE? OH, SO. I SEE 1601 MENTIONED RIGHT HERE CALLED OUT.

I MEAN, IS THAT THE PROBLEM IS RIGHT HERE.

IF YOU LOOK, ANYTHING THAT WE'RE BUILDING THAT'S A STRUCTURE IS ABOVE THIS EASEMENT RIGHT HERE.

SO THE EASEMENT SQUEEZES WHAT WE CAN FIT RIGHT THERE.

BUILDING OVER THAT FOR TEXAS, NEW MEXICO LIKE AN ACTUAL STRUCTURES AND ISSUE.

ALL RIGHT. AND THEN WHAT'S BEHIND IT RIGHT HERE.

THAT'S THE LOT.

YES, SIR.

AND THERE'S NO SIDEWALK CURRENTLY, RIGHT? THE SIDEWALK IS THERE.

WE'RE GOING TO HAVE TO REMOVE IT TO BUILD THAT.

WHAT IF YOU WERE TO REMOVE THE FRONT SIDEWALK? IT'S LIKE YOU HAVE A SIDEWALK THAT KIND OF GOES AROUND THE BACK OF THAT.

IS THAT NOT? DOES IT MAKE A FULL CIRCLE, OR IS IT JUST KIND OF HALF CIRCLE TO THE OTHER? YEAH. HALF CIRCLE.

OKAY.

I MEAN, I ASSUME SOME OF THE EXPENSES THAT ARE ON YOUR OVERAGES WERE JUST BECAUSE OF RISING COSTS.

YEAH. WHEN ROBERT, OUR ARCHITECT, DID THIS, IT WAS BACK IN 2021 AND WE ENDED UP BUILDING IT A YEAR LATER.

SO THE COST JUST, YOU KNOW, THAT'S WHY WE ALWAYS BAKE IN A CONTINGENCY IN OUR DEALS.

WHAT IF WE SPLIT THE DIFFERENCE WITH YOU? WE GIVE YOU HALF.

[04:05:01]

WILL ALLOW HALF OF THIS UNDER 102 FOR.

SURE. ALL RIGHT.

I DO THAT. COUNCIL.

I'LL AGREE TO THAT. WE NEED.

WE NEED SOMETHING FOR THE KIDS THERE.

YEAH, THEY NEED TO HAVE SOMETHING.

AND I MEAN, THERE'S A LOT OF COST OVERRUNS ON THAT LINE ITEM.

IT'D BE. I MEAN, IT WOULDN'T BE FISCALLY RESPONSIBLE TO JUST ALLOW ANOTHER 204,000.

THERE SHOULD BE SOME SHARED COST THERE.

WHAT DO Y'ALL THINK? HOW MUCH DO YOU THINK WE PUT TO BUILD THIS? 200 GRAND. 20 GRAND? YEAH. IN YOUR ORIGINAL PARK WAS.

I THINK WE HAD ABOUT 95 IN THERE, 90, 95.

AND THAT WE COULD I MEAN, WE COULD TRY TO VALUE ENGINEER THIS DOWN, BUT WE WANT TO TRY TO PROVIDE THE RESIDENTS SOMETHING.

THAT PLAYSCAPE DOESN'T LOOK PARTICULARLY LARGE.

THAT'S WHY IT'S JUST NOT.

OH, GOTCHA.

YEAH. YEAH.

I MEAN, HOW MANY SWINGS ARE THERE ANY SWINGS IN 65,000 IS WHAT IT COSTS.

NO, THERE'S NO SWINGS.

THERE'S NO SWINGS. YEAH, THERE'S NO SWINGS.

THERE'S NO PAVILION.

I MEAN, THERE'S SLIDE, WHICH IS JUST SOMETHING YOU RUN AND JUMP ON.

CLIMB UP. LOOKS LIKE A SLIDE.

THERE'S A COUPLE OF SLIDE.

YEAH. WE SET AN EXHIBIT OF THE PLAY STRUCTURE.

I DON'T KNOW IF YOU HAVE A COPY OF THAT.

I GUESS I DIDN'T SEE MEGAN.

OKAY NOW WOULD HAVE BEEN A WOULD HAVE BEEN AN OPPORTUNE TIME FOR US TO HAVE A RENDERING OF EXACTLY WHAT YOU WERE PLANNING TO ERECT.

YOU SAID YOU SUBMITTED THAT.

YES, SIR. TO TO MEGAN.

I MISS IT. OH.

SO IN THE LAST.

OH, I DON'T KNOW. I DON'T SEE IT.

IT WAS AN ATTACHMENT TO THE REIMBURSEMENT AGREEMENT.

IT'S IT'S EXHIBIT A TO THE REIMBURSEMENT.

YEAH. SO IF YOU CLICK ON THE REIMBURSEMENT, I THINK MEGAN HAS IT BECAUSE WE WENT MORE SPECIFICALLY.

THAT IT. WELL, I'M AN AGREEMENT TO SPLIT THE DIFFERENCE. OKAY.

WITH WHAT IS LISTED, BUT WE'RE TALKING ABOUT $200,000 RIGHT THERE.

OKAY. DO YOU WANT TO MAKE A MOTION ON THAT? COUNCILMAN. BOOTH. ANYBODY WANT TO LOOK AT THIS? I WILL, I WOULD, I WOULD LIKE TO LOOK AT THIS.

SO MAYBE LOOK AT THE BACK TO.

SO WHAT WE'RE SAYING IS WE'LL GIVE HIM CREDIT FOR HALF OF THE COST OF IT.

YES. AND MIND YOU, IT STILL HAS TO BE CERTIFIED.

YEAH, I WAS GOING TO SAY MY BIG THING IS AS LONG AS.

THIS IS NOT CITY RESPONSIBILITY, RIGHT? AND? I'LL BE HONEST WITH YOU.

VERY DISAPPOINTED.

VERY DISAPPOINTED AT THE FACT THAT THERE WAS NO.

THERE MAY HAVE BEEN ATTEMPTS TO PUT IN A PARK, BUT THERE WAS NOTHING DONE.

SO IT'S VERY DISAPPOINTING BECAUSE YOU GOT THE PIT FOR IT.

BUT I APPRECIATE YOUR EFFORTS TO REMEDY THE SITUATION.

SO I AGREE WITH THAT.

SO HALF OF THE CERTIFIED COSTS GO UP TO PUT A LIMIT UP TO 122,102 TWO 5500.

IT COVERS EVERYTHING HE'S GOT LISTED.

YEAH, I WANT THIS.

WE'RE NOT, WE'RE NOT WE'RE NOT GOING TO PUT EVERYTHING THAT YOU SAY YOU'RE GOING TO PUT IN AFTER HALF AN HOUR.

THAT'S PROBABLY THERE'S AN OPPORTUNITY HERE.

YOU DO SEE THAT RIGHT.

SORRY SIR. THERE'S AN OPPORTUNITY HERE.

SO I'M NOT TRYING TO FEIGN IGNORANCE, BUT I DON'T SEE WHAT YOU'RE SAYING.

WE WE ARE COMING IN AND MEETING YOU IN THE MIDDLE, AND YOU HAVE AN OPPORTUNITY HERE TO, YOU KNOW, GAIN A WHAT I WOULD SAY IS PROBABLY A SIGNIFICANT AMOUNT OF CREDIBILITY THROUGH YOUR ACTIONS.

[04:10:03]

AND THIS RIGHT HERE. YES, SIR.

WE PROMISE TO DELIVER THAT.

YEAH. BECAUSE THERE IS THERE IS A LITTLE BIT OF GRAY AREA IN WHAT WE'RE DISCUSSING RIGHT HERE TO CONTINUE ON WITH MY MOTION, THE MAXIMUM HALF OF THE MAXIMUM CERTIFIED COST UP TO $105,000.

SECOND, I HAVE A MOTION BY COUNCILMAN BOOTH, SECOND BY COUNCILMAN ROBERTS FOR TO REIMBURSE HALF OF IT, WHICH WOULD BE 102 FOUR AND CHANGE, BUT UP TO 105,000.

ANY FURTHER DISCUSSION? DO WE NEED TO PUT CONDITIONS THAT IT'S GOT TO BE CERTIFIED? AND I WOULD ALSO ASK THAT YOU INCLUDE IN YOUR MOTION THAT DEVELOPER'S ATTORNEY WORK WITH THE CITY ATTORNEY ON AN APPROPRIATE AGREEMENT TO MAKE SURE THAT THE CITY HAS NO RESPONSIBILITY FOR UPKEEP, MAINTENANCE, CLEANING, ANY OF THE ABOVE? YES. SHE AMENDED THE MOTION WITH WHAT SHE SAID.

GOT IT. I DEFINITELY WANT THAT.

YEP. ALL RIGHT.

ANY FURTHER DISCUSSION? CALL FOR THE VOTE.

ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE.

AYE. ALL THOSE OPPOSED? SAME SIGN. MOTION CARRIES.

SO THEY'RE GETTING A PLAYGROUND.

PLEASE MAKE THAT HAPPEN.

HOW LONG DO YOU THINK IT WOULD TAKE YOU TO GET MOVING ON THAT IN OUR REIMBURSEMENT AGREEMENT WE HAVE IT FOR A YEAR, SO WE HAVE A SHOT CLOCK ON IT.

BUT WE'RE GOING TO START I MEAN, PLEASE HAVE A GOAL OF MAYBE BY THE SUMMER.

I WAS GOING TO SAY SUMMER. YEAH.

YOU KNOW IT'S HOT OUT THERE.

BUT WHEN THEY'RE OUT OF SCHOOL I MEAN WE'RE GOING TO START IMMEDIATELY.

BUT I JUST WANTED YOU TO KNOW THERE IS A TRIGGER THAT IT'S CAPPED.

OKAY. NOW, IS THIS ALL OF 17 DO WE NEED OR IS THERE MORE TO 17 FOR 17 OKAY.

SO WE WANT TO GO TO 16 AND WE WANT TO GO TO 14 1414.

ALL RIGHT. 14 DISCUSSION OF POSSIBLE ACTION TO APPROVE OR OUTRIGHT ASK FOR REPRESENTATION FROM THE DEAD.

GLAD YOU'RE HERE. WE GOT THE NIGHT SHIFT TONIGHT.

ALL RIGHT, ANDREW, GO AHEAD.

SORRY, MR.. MR. MAYOR, WHICH ONE IS 14? 14 IS THE ASSESSMENT LEVY AND SETTING THE PUBLIC HEARING DATE FOR APRIL 20TH CENTURY SERVICE AND ASSESSMENT PLAN.

PERFECT. OKAY.

YEAH. SO THAT ONE IS VERY SIMILAR TO THE FIRST PUBLIC HEARING THAT YOU SET EARLIER.

SO IT'LL BE ON THE SAME NIGHT, APRIL THE 23RD.

AND WE JUST NEED YOU TO ACCEPT THE PRELIMINARY SERVICE AND ASSESSMENT PLAN, WHICH WAS PRESENTED TO YOU BACK IN FEBRUARY ON THE 12TH, I BELIEVE.

AND NO CHANGES WERE MADE TO THAT SERVICE AND ASSESSMENT PLAN.

AND IT WILL BE MADE AVAILABLE TO THE PUBLIC BY THE CITY SECRETARY AND HER OFFICE.

THEY CAN COME TAKE A LOOK AT IT.

AND THEN WE WILL CONDUCT THE PUBLIC HEARING ON APRIL THE 23RD.

AFTER THAT, YOU WILL CONSIDER ACTION TO ASSESS THE LEVY ON THE HOMES OR THE PROPERTIES WITHIN THAT PARTICULAR PID, WHICH ARE SECTIONS THREE AND FOUR.

OKAY. I THOUGHT WE WERE GOING TO CHANGE THE.

THERE WERE A LOT OF QUESTIONS FROM THE COUNCIL ON OWNERSHIP AND REASSESSMENT.

IS THAT IN THE PRELIMINARY SERVICE PLAN THAT SIR WILL COME.

SO THAT'S ON RIVERWOOD RANCH, NOT THOSE ON NORTH.

THE NEW SECTION.

OKAY. REFRESH, REFRESH MY MEMORY THEN.

I'M NOT TRACKING WITH YOU ON THAT ONE.

THE. WHAT WAS IT? COUNCILWOMAN THE WHO OWNED THE THE WATER FEATURES OR SOMETHING? YOU SAID WE DON'T WANT THAT.

AND THEN THERE WERE SOME OTHER SERVICE.

OH, WE ISSUES RIGHT? YEAH. SIGNAGE.

YEAH. WE ALREADY TOOK WE TOOK THAT OUT BASED OFF OF WHAT DIRECTION WE GOT ON THE 12TH OF FEBRUARY.

ALL RIGHT. SO THAT'S INCLUDED IN THIS SERVICE ASSESSMENT PLAN.

CORRECT. THE SERVICE AND ASSESSMENT PLAN ATTACHED, SIR, DOES NOT INCLUDE THE THINGS YOU SAID YOU DIDN'T WANT ANY PART OF.

GOT IT. OKAY.

COUNCIL. LIKE A MOTION TO ACCEPT THE PRELIMINARY SERVICE AND ASSESSMENT PLAN AND SET A PUBLIC HEARING DATE FOR APRIL 23RD, 2024 AT 6:00 PM FOR THE RIVER NORTH PUBLIC IMPROVEMENT DISTRICT, SUBJECT TO FINAL APPROVAL BY THE CITY ATTORNEY.

SECOND, I HAVE A MOTION BY COUNCILMEMBER ROBERTS, SECOND BY COUNCILMAN BOOTH FOR THE APPROVAL OF THE RESOLUTION AND SETTING THE DATE AND TIME ANY FURTHER DISCUSSION.

CALL FOR THE VOTE. ALL THOSE IN FAVOR SIGNIFY BY SAYING I.

I. AND THEN WE MOVE TO 16, WHICH IS THE APPROVAL OF THE REIMBURSEMENT AGREEMENT AS REVISED FOR THE RIVERWOOD RANCH NORTH PUBLIC IMPROVEMENT

[04:15:01]

DISTRICT. OKAY, QUICKLY, MR. MAYOR, ON THIS ONE WHEN A MOTION IS MADE, THE EXACT LANGUAGE THAT YOU USED FOR RIVERWOOD RANCH IN TERMS OF THAT REIMBURSEMENT, BECAUSE BOND COUNCIL PUT IT IN HERE TO MAKE SURE THAT IT GETS DONE.

SO THERE'S STIPULATIONS.

AND THE RIVERWOOD RANCH NORTH REIMBURSEMENT AGREEMENT THAT REQUIRES HIM TO DO WHAT HE JUST STOOD UP HERE AND AGREED TO DO.

BUT JULIE HAD IT IN FOR THE 204.

SO WE NEED TO SAY IN YOUR MOTION THAT IT WILL BE CITY PARTICIPATION OR PID PARTICIPATION, NOT CITY PIT PARTICIPATION OF MAXIMUM 105 OF THE CERTIFIED COST.

SO NOT TO EXCEED CORRECT OR NOT TO EXCEED.

EITHER WAY YOU WANT TO WORD IT.

OKAY. AND THEN JUDITH, IF YOU AND JULIE CAN WORK TO MAKE SURE THAT ALL GETS REVISED IN THE EXECUTED COPY.

BUT EVERYTHING ELSE, MR. MAYOR. JULIE REVISED AND PRESENTED TO MR. CANNON, WHICH IS MR. FOLEY'S COUNCIL.

AND IT WAS AGREED TO PRIOR TO TONIGHT, WITH THE EXCEPTION OF NOT KNOWING HOW YOU WERE GOING TO RESPOND TO THE REQUEST FOR THE 204.

OKAY. OKAY.

SO BY TAKING OUT 102,000, LET'S JUST SAY, AND ADDING THAT TO THE ASSESSMENT REDUCTION PLUS THE 17 OR THE 18,000, WHEN DO WE GO AND I GUESS CHANGE THE ASSESSMENT DOWN ON THE PID.

EXCELLENT QUESTION.

THAT WILL HAPPEN WHEN WE DO THE 2024 SERVICE AND ASSESSMENT PLAN UPDATE OKAY.

WHICH WILL HAPPEN IN AUGUST SEPTEMBER TIME FRAME.

SO FOR THIS TAXING YEAR THEY'RE FOLLOWING THE OLD ONE STILL.

THAT'S CORRECT SIR. THOSE PAYMENTS HAVE ALREADY BEEN MADE ACTUALLY.

AND THEN THEY'LL SEE THE CHANGE IN THE NEXT YEAR, THE NEXT FISCAL YEAR.

THE PAYMENT THAT WILL BE DUE JANUARY 31ST OF 2025 WILL BE LESS THAN WHAT IT WAS IN THE ORIGINAL SERVICE AND ASSESSMENT PLAN.

GOT IT. OKAY, OKAY.

COUNCIL. SO I'LL GO AHEAD AND MAKE A MOTION TO APPROVE THE REIMBURSEMENT AGREEMENT AS REVISED FOR RIVERWOOD NORTH RANCH NORTH PUBLIC IMPROVEMENT DISTRICT. WITH WITH WITH WITH THE WITH THE SAME STIPULATION, WITH THE SAME STIPULATIONS THAT WE PUT FORTH FOR THE RIVERWOOD RANCH SUBDIVISION.

PERFECT. ALL RIGHT.

SO COULD I HAVE A MOTION BY COUNCILMAN SARTEN, SECOND BY COUNCILMAN BOOTH.

ANY FURTHER DISCUSSION? WE'RE GOING TO GET THROUGH THIS.

I JUST WANT TO MAKE SURE THAT LANGUAGE INCLUDES THE LANGUAGE JUDITH BROUGHT UP EARLIER ABOUT REMOVING CITY RESPONSIBILITY.

SO. CORRECT.

SO THE ANSWER TO YOUR QUESTION IS THE RESPONSIBILITY ON THE HOA THAT'S ALREADY IN THE REIMBURSEMENT AGREEMENT.

BUT I WILL COME BACK TO YOU WITH WHATEVER AGREEMENTS WE COME UP WITH FOR THE PLAYSCAPE.

AND I WILL COME BACK WITH YOU WITH AMENDMENTS TO THE RESTRICTIVE COVENANTS TO MAKE SURE YOU'RE HAPPY WITH WHAT IT SAYS.

THANK YOU. OKAY.

ANY FURTHER DISCUSSION.

CALL FOR THE VOTE. ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE.

AYE. MOTION CARRIES.

WELL, GUESS WHAT? WE CAN NOW FINALLY ADJOURN THIS MEETING AT 11, 12 AND 28 SECONDS.

* This transcript was compiled from uncorrected Closed Captioning.