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[WORK SESSION / BRIEFING]

[00:00:03]

WE ARE OPENING UP STILL CITY COUNCIL MEETING. THIS IS A BRIEFING WORKING SESSION DATE IS SEPTEMBER THE FIFTH OF 2023. I CAN'T BELIEVE THIS EFFORT. IT WAS JUST CHRISTMAS. HMM IT REALLY WASN'T AND THEN THIS GUY STANDS UP UNTIL PEOPLE IT'S ONLY LIKE 42 DAYS AWAY. SO YOU KNOW THAT IT'S ALL GOOD. ALL RIGHT, WELL, WE HAVE A VERY BUSY CALENDAR AND I WILL SAY AT THE OUTSET, WE DO HAVE THREE EXECUTIVE SESSION. AND I THINK IT IS OUR BEST INTEREST.

UNDERSTAND IT OUT SEVEN RIGHT NOW. SUPPOSED TO BE EXECUTIVE SESSION WILL BE HELD AT THE END OF THE CITY COUNCIL. BIG THINGS FROM SEVEN EXECUTIVE ACTION. AT THE VERY END OF THE CITY COUNCIL. SPEND 14. AND THERE'S NO WAY THAT GIVES YOU TIME FROM THAT, WHATEVER. OKAY, SO THANK YOU VERY MUCH. FOR BEING WITH US TONIGHT AND I HEARD ON THE NEWS . WE ARE NOW IN OUR DAY OF TRIPLE DIGIT TEMPERATURES. AND IT'S LIKE THE FOURTH RECORD FOR THIS FOR THE CITY OF DALLAS.

YEAH WE UNDERSTAND HOW DIFFICULT IT IS ON MANY, MANY PEOPLE FIRST LISTENING TO TALK ABOUT THE ECONOMIC IMPACT. UM, JUST THIS KIND OF WEATHER. SO A LOT OF RESTAURANTS ARE SUFFERING RETAILERS SUFFERING EVEN MANUFACTURING SUFFERING. AND WHEN I WAS THINKING ABOUT MANUFACTURING JUST KIND OF IN TANGENTIAL TO WHAT WE AS A CITY DURING BECAUSE OF OUR COLOR WORK SPOKES PARTISAN. REX FOLKS WORK OUT THESE KIND OF PEOPLE THAT WE HAVE A MAJOR MANUFACTURER HERE IN OUR CITY THAT HAS OVER A MILLION SQUARE FEET, AND IT'S NOT YOUR CONDITIONS. IT'S COOL.

REMEMBER THAT DOES NOT HAVE A BEAUTY CONSIDER CONDITIONING. AND SO THIS IS WE HAVE THAT GOING OUT OF MY BACKYARD AS WELL. SO THANK YOU FOR THAT, ALL RIGHT. UH MOVING ON TO OUR CITY COUNCIL CALENDAR. CITY SECRETARY. CHIQUITA IF YOU WOULD START THIS, PLEASE. WE HAVE SOME PRETTY IMPORTANT THINGS TO DISCUSS. YES, THANK YOU, MA'AM. OH, OKAY, THE NEXT ITEM ON THE CALENDAR. WE CAN SKIP ARTISTS BECAUSE WE'RE PAST JUST THE QUESTION. SEPTEMBER, THE EIGHTH THE D I S C LUNCHEON. I'VE ALREADY SENT THE RSVPS FOR EVERYONE WHO WANTED TO ATTEND.

THAT WILL BE AT THE DUNCANVILLE ISD. THE OFFICES. AND ALSO AT FOUR PM IS THE POLICE AWARDS CEREMONY. HOW MANY COUNCIL MEMBERS ARE GOING TO THE D I S ELECTION. GOOD MORNING MYSELF INCLUDED. SECURITY, OKAY? AND THE 9 11 EVENING OF REMEMBRANCE . THAT'S GONNA, UH ON MONDAY, THE 11TH WEEKS SINCE WE'VE GOTTEN THE TABLES AND THE RSVPS, BUT THAT AS WELL. THE BOARDS AND COMMISSIONS. INTERVIEWS SCHEDULED FOR THE 12. AS OF TODAY. WE ARE CUT OFF WAS THE 31ST. WE HAVE SIX PEOPLE. THAT BUT ANYTHING'S ON THE 12. THE 14TH IS THE TM AT TML REGION 13 ANNUAL MEETING, AND WE'VE ALREADY GOTTEN THOSE TICKETS AND THEY HAVE BEEN DISTRIBUTED TO EVERYONE WHO SAID THEY WANTED TO ATTEND. THAT'S A DOWN AND BACK SAME NIGHT. CORRECT? YES. ALSO ON THE 19TH. WE HAVE THE COUNCIL MEETING. BEFORE THE ADOPTION OF THE BUDGET. AND THE TAX RATE.

AND ALSO WE'RE GONNA HAVE THE ARCTIC COMMUNITY MEETING ON THAT DAY AS WELL BACK TO THE 16TH FOR THE KGB CLASS ON THE RAILROAD. JUST AN UPDATE. I DID GET SOME INFORMATION FROM BNSF IN TERMS OF THEM PICKING UP THE DEBRIS AND GARBAGE ALONG MAIN STREET. AND THEY COMMITTED TO HAVE THAT DONE BY THE END OF AUGUST. IT'S SEVEN O'CLOCK 31ST OF AUGUST I SEND EMAIL TO BNSF SAYING YOU HAVE FAILED TO PROCEDURE COMMITMENT. AND THE NEXT DAY I GOT AN ANSWER BACK FROM BNSF SAYING VERY SORRY. WE SHOULD HAVE IT DONE BY THE END OF THE WEEK, WHICH IS THIS WEEK. UH SO THEY HAVE SETTLED FOR COMMITTED TO HAVING ALL THAT STUFF CLEANED UP. HERE THIS WEEK, AND HOPEFULLY THEY WILL ALSO THAT COMMITMENT. I JUST WANT TO LET YOU ALL KNOW THAT NOT LETTING THIS ONE REST BECAUSE THAT'S A SOURCE. IT'S A SORE SUBJECT FOR ALL OF US TO SEE THAT STUFF ON MY HISTORY BY REALLY SO FOR THE FOLKS THAT YOU MEAN INVOLVED IN THAT KDB CLEANUP. HOPEFULLY IT'LL BE GONE BY THE TIME COMES AROUND. THANK YOU. THANK YOU, MA'AM. ON SEPTEMBER 21ST, THE FENTANYL AWARENESS TOWN HALL. BILL IS CHECK. THE 23RD IS THE HISPANIC HERITAGE FESTIVAL

[00:05:04]

STRONG CARD. AND THE YOU HAVE TO TENTATIVE DATES FOR THE ARTERY VIEW, WHICH IS THE 26TH AND THE 28TH. WE CAN ALSO DO ANYTHING THE 25TH OR THE 27TH. AS OF NOW , THERE WERE TWO COUNCIL MEMBERS WHO COULD NOT DO THE 26 AND TWO THAT COULD NOT DO THE 28TH. SO WE CAN IF WE WANT TO CHOOSE ONE OF THE OTHER TWO DATES. I'M OKAY WHEN IF WE CAN, IF WE WOULD HAVE MORE COUNCIL MEMBERS AVAILABLE TO TALK ABOUT IT. LET'S TALK ABOUT THIS. YEAH 28TH ABOUT HIGH SCHOOLS IS PUTTING ON A SHOW.

COMMUNITY TYPE. HISPANIC CHARACTERS. CELEBRATIONS SHOULD BE SIMPLE. BACK TO THE SECOND POINT FOR US. THAT'S JUST PART OF WHAT'S GOING ON WITH THE OTHER DAYS. I CAN'T DO THAT.

FUNNY EITHER. AH OKAY, WE NEED TO TAKE A LITTLE TIME IS A VERY, VERY IMPORTANT MEETING TO FIND OUT IF WE IF WE'RE IF WE'RE GREEN LIKE THIS, OR IF WE READ LIKE THIS, AND IF WE REUNITED, WHO'S NOT GOING TO BE PRESENT? IT'S GOING TO BE ACCEPTABLE TO THOSE WHO CAN'T BE PRESENT. IF WE HAVE A MAJORITY CAN MAKE IT. IT'S A SERIOUS TIME. SO I HAVE BEEN PUT IT TO, UH, 1ST 50.

SECRETARY MR MCBURNETT KNOWS WELL AS CHAIRMAN OF THE AUDIT COMMITTEE 26. THAT'S ABOUT THE ONLY DAY THAT I'VE GOT THAT SERIES. BUT WE HAVE CONFLICTS AMONG US CITY COUNCIL. SO IS THERE. LET'S CHAT ABOUT IT COULD FIND THE DAY THAT WE HAVE TO GO ON THIS OR IF WE CAN GET ALL SEVEN OF US. PUT THAT ON THE TABLE. LET'S TALK ABOUT THIS. THE OTHER TWO DATES 25TH OUT OF 27TH. FOR MONEY TO BEING CONSIDERATION. AND I WAS HOPING TO SEE MR BALDWIN. HE I SAW HIM A LITTLE WHILE AGO. YEAH INTO BECAUSE ORIGINALLY HE WAS GONNA 26. MR BALDWIN. THE QUESTION OF SPECIAL CALLED ALL OF THE MEETING. ANY DAY THAT WEEK. WOULD THAT WORK FOR YOU? IT WILL 25 26 27 OR 28. IT WILL THE LONG AS THE MEETING'S DONE AND OVER WITH ENOUGH TIME TO POST THE AGENDA FOR THE RECORD SESSION TO ADOPT IT. BECAUSE THAT'S ULTIMATELY WHAT WE'RE TRYING TO DO IS GET ADOPT FISCAL YEAR. WHAT IS THAT TIME? 72 HOURS, SO AS LONG AS THE, UH THE AUDIT COMMITTEE MEETS ON THE 19TH DAY YOU'RE LOOKING AT SO THREE DAYS LATER, 72 HOURS WE CAN POST IT WILL BE READY TO GO WITH THE AUDIT COMMITTEE'S RECOMMENDATION. WE'LL BE READY TO ADOPT. SO. SO MAYBE MY QUESTION IS 25TH WORK. I'M OPEN. I'M 25TH SO FAR. I CAN MAKE. I CAN RESCHEDULE. I CAN MAKE THE 23. YEAH. 20 FANTASTIC. ALRIGHT KIDS JUST BEFORE THE END OF FISCAL YEAR BY CHARTER HAS TO BE ADOPTED. THAT'S THAT'S THE MAIN THING, OKAY? END OF THE FISCAL YEAR IS GOING TO BE ON SEPTEMBER 30TH COFFEE WITH THE MAYOR ON THE 28TH. THEN WE'LL GO TO OCTOBER. OCTOBER'S CALENDAR. TENTATIVE ON THE 28TH. WE'RE GONNA EVOLVE. IT BLEW BOTH OF THOSE COMMENTS REMOVED BOTH OF THOSE TO THE 25TH. OCTOBER CANCELED THE COUNCIL MEETING FOR THE THIRD THAT IS ALSO NATIONAL NIGHT OUT. THE FOURTH THROUGH THE SIXTH TML CONFERENCE IN DALLAS. OCTOBER 17TH WOULD BE THE ONLY COUNCIL MEETING IN OCTOBER. AND THEN WE HAVE THE BOOB ASH. FOR THE 27TH AT DUNCANVILLE FIELDHOUSE. OH, NOVEMBER. THE COUNCIL VICTORY TO BE NOVEMBER, THE SECOND THROUGH THE FOURTH. THAT'S A THURSDAY THROUGH THE SATURDAY. WHAT CANCEL COFFEE WITH THE MAYOR AND 26. I DON'T BELIEVE I'LL BE IN OCTOBER. YOU CAN FEEL IN 26. YOU CANCELED IT ON HIS FACE. NOVEMBER I'LL HAVE AN UPDATE THAT CALENDAR BUT IF I LOOKED AT

[00:10:03]

IT WHEN I HAD IT, BUT BUT IT'S THE 20 YOU CANCELED ON THE 23RD RIGHT NOVEMBER 20. OCTOBER IS STILL THAT IS CORRECT. YES, SIR . OKAY NOVEMBER. THE SEVENTH IS A CITY COUNCIL MEETING. THE 10TH MOMMY AND SON GAME NIGHT. YEAH. THE 21ST IS ALSO A CITY COUNCIL MEETING CANCELED, UM COFFEE WITH THE MAYOR FOR THE 23RD DUE TO THE HOLIDAY. WE'LL GO TO DECEMBER DECEMBER 1ST THAT CAN BUILD CHRISTMAS PARADE AND TREE LIGHTING EARLY, OKAY? TYPICALLY KIND OF WHEN THEY SCHEDULED IT.

YOUR FIRST FRIDAY IN DECEMBER, BUT IT WILL ALWAYS DEPEND UPON. HOWEVER FOOTBALL TEAM DOES OKAY , PLAYOFFS. DO YOU HAVE ANY IDEA IN THE PLAYOFF? SORRY. NOVEMBER NOVEMBER, SO WE SHOULD KNOW.

YEAH JUST PUT IT ON THE TABLE RIGHT NOW THAT IN THE PAST IF OUR FOOTBALL TEAM ENDS UP, DON'T JINX. JUST SO Y'ALL KNOW IN THE PAST FOR FOOTBALL TEAM ENDS UP GOING TO STATE. WE DO MODIFY OUR CHRISTMAS FESTIVITIES. SO WE'RE FLEXIBLE. WE MOVE AROUND ON THAT ONE. IF WE HAVE THAT TIME IN THE PLAYOFFS ON SATURDAYS, MOST OKAY . THANK YOU. OKAY BETTER THAN THE CITY COUNCIL MEETING. THE NINTH IS THE. I KEEP DUNKING PILL BEAUTIFUL, CLEAN UP COMMITTEE AND COOKIES WITH SANTA . THE 15TH IS PARASITE OUT AT THE REC CENTER. DECEMBER 19TH IS ALSO A CITY COUNCIL MEETING. AND WE HAVE COFFEE WITH THE MAYOR ON DECEMBER 28. AND THAT IS ALL I HAVE. MATCH ANY APPETITE. OKAY.

ALL RIGHT. THAT'S THE BIG ONE. FROM THE ARCTIC COMMITTEE MEETING COUNCIL SPECIAL BASED ON THE REASON GOD OKAY, THANK YOU, SIR. THE SECRETARY. NUMBER THREE PRESENTATIONS. REMEMBER THREE A EVENING REGARDING. I'M SORRY. I'M SORRY. YEAH HIS TURN. OKAY? I ALWAYS NEED HELP NEVER TURNED DOWN. HELL THANK YOU, MR KEYES. MR BROWN MANAGEMENT STORIES FOR THE AGENDA ITEMS. THANK YOU.

GOOD EVENING. EVERYONE GOT UM SEVERAL, UM, AGENDA ITEMS LIKE AN AGENDA ITEM FOR MANY YEARS CONSIDERED A BENEFIT. COUNCIL MEETINGS. ALWAYS 1ST 2023 CITY COUNCIL MEETING. OBVIOUSLY 3RD 2023 SPECIAL CALL MEETING AUGUST 7TH 2023 SPECIAL CALL MEETING ON 8 2023 SPECIAL CALLING THE OFFICE OF 10 2023 SPECIAL BUDGET WORKSHOP AUGUST 10 2023 SPECIAL MEETING. OBVIOUSLY 15 2023 DIRECTORS ACCOUNTABLE, SEND IT TO THE ITEMS FOR ME CONSIDERING ORDINANCE, THE CITY COUNCIL OF THE CITY OF DUNCANVILLE, TEXAS, REPEALING PARK AHEAD. OH GO AHEAD AND READ COMIC. OKAY ALRIGHT. WE'RE PEELING ON ITS 23 45 ARE CODIFIED JUST CHAPTER 12 THE COLD, IT WARMS AQUAMAN CURFEW HOURS PROVIDERS. EFFECTIVE SEPTEMBER. 1 23 EXCUSE ME 2023 TO COMPLY WITH NEWLY AMENDED STATE LAW. BASICALLY MERRIN COUNCIL LEGISLATIVE SESSION. AH YEAH CITIES TO HAVE PERFECT. OH SO THAT IS THE REASON WHY WE'RE BRINGING THIS BEFORE YOU ASSURE THE HOUSE OR ANY QUESTIONS THAT YOU MAY HAVE TO MR MCBURNETT, THANK YOU. AND I UNDERSTAND PASSES AND THAT WE'RE FOLLOWING IN LINE WITH THAT, BUT I BE CURIOUS TO HEAR FROM OUR CHEAP FEELINGS ON ON ON HOW THIS COORDINATES BEING KILLED. BUT HOW YOU FEEL ABOUT IT, I GUESS. SO UM, THIS ORDINANCE HAS BEEN A TOOL FOR POLICE DEPARTMENT TO MAKE CONTACTS WITH INDIVIDUALS. UNDER

[00:15:02]

THE AGE OF 18. SINCE 1994. UM, NOW ALL THESE INDIVIDUALS AREN'T NECESSARILY, UH, UP TO NO GOOD.

THEY MAY BE HEADED SOMEWHERE. UM, BUT. THE WAY WE'VE HANDLED. THIS TYPE OF ORDINANCE HAS MORE OF A, UH, WILL BE ORDINANCE. INITIALLY AS I LOOK BACK ON IT. AS I PUT THIS ITEM ON THE AGENDA , UM, CITATIONS BACK 94 95. WE WROTE A LOT OF CITATIONS. AND AS WE WORK THROUGH THE YEARS WE WERE MORE CHECKING ON INDIVIDUALS. I'M SURE INDIVIDUALS WERE OKAY AND THEIR PARENTS KNEW WHERE THEY WERE. UM QUITE HONESTLY, I, UM, SINCE YOU ASK, UM, I THINK THE ORDINANCE WAS IT WAS GOOD BECAUSE IT GAVE US THAT ABILITY TO MAKE THESE CONTACTS. UM AND VERY SELDOM, ESPECIALLY WITH LAST TWO YEARS, DID THE AND I DON'T REMEMBER THE NUMBERS RIGHT OFF THE TOP OF MY HEAD, BUT WE FELT OFF CLIFF. WE DIDN'T WRITE CITATIONS FOR THE MOST PART. MAKE CONTACT. WE CHECKED ON PEOPLE. AND IT GAVE US THAT ABILITY TO DO SO, UH, IN A LEGAL MANNER. UM, BECAUSE I UNDERSTAND THAT MOST POLICE CHIEFS OF THE CITY OPPOSED TO REPEALING ITS CURFEW. BUT THE STATE LEGISLATURE DECIDED TO GO AHEAD AND PASSED IT ANYWAY. UM LET ME IS YOU HAVE MADE POSSIBLY RECEIVED SOME INPUT FROM THE CITIZENS CONCERNING BECAUSE THIS PARTICULAR ITEM AND IT GOES BACK TO H B 21 27. BILL 21 27 IS THE PREEMPTION BILL BILL. TAKES AWAY FROM AUTHORITIES FROM MUNICIPALITIES. AND JUST FOR YOUR INFORMATION, I PARTICIPATED IN A WEBINAR. LAST WEEK WITH THE CITY OF HOUSTON, THE AUTHOR OF THE LAW OF THE LAWSUIT THAT HAS BEEN FILED AGAINST THE STATE OF TEXAS FOR 21 27 IS THE CITY ATTORNEY FOR THE CITY OF HOUSTON. AND THE AUTHOR OF THAT BILL CONDUCTED WEBINAR AND I LISTENED TO IT. I WAS PRESENT FOR IT, AND HE WENT THROUGH INFORMATION. I THINK I PASSED ON THE POWER POINT THAT HE PRESENTED TO US FROM THE BIRTH SEXUAL TEXAS COMMISSION. AND THE KEY POINT AND WHAT HE SAID WAS FEELS THAT THE HB 21 2017 UNCONSTITUTIONAL ITS ENTIRETY, AND THAT'S WHAT THE LAWSUIT IS BASED UPON AND IT TRICKLES DOWN TO THIS PARTICULAR ONE THAT WE'RE LOOKING AT RIGHT HERE WITH THIS CARTRIDGE, BUT THE PREEMPTION BILL OF 21 27 LOT OF DIFFERENT THINGS. AND IT GOES INTO MANY THINGS. THE ONE THING HE SAID, WAS REALLY KEEPING ME AS A LATE PERSON IN GOVERNMENT HAVING UNDERSTANDING, EVEN THOUGH THAT THIS IS IN THE APPEAL PROCESS. IT IS STILL IN FORCE. AS LONG AS IT'S ENFORCEABLE. WE AS A CITY DON'T HAVE ANY CHOICE, PARTICULARLY WITH THE LAW, AND THAT WAS FROM THE CITY ATTORNEY THE CITY OF HOUSTON. AND THAT'S KEY TO WHAT WE HAVE TO CONSIDER IN TERMS OF YEARS A GOVERNING BODY FOR THE CITY OF DUNCAN. AND THOSE PARTICULAR PART SO YEAH, I DON'T WANT IT. CHIEFS AROUND THE CITY AROUND THE STATE PREFERRED NOT TO HAVE THIS CURFEW REPEAL THAT HAPPENED REVEALED WE HAVE TO LIVE WITH THE LAW, AND THAT'S WHERE IT STANDS. THAT ONE OTHER INTERESTING THING WAS THAT THE CITY ATTORNEY FOR THE CITY OF HOUSTON. I KNEW THAT THIS HAD TO BE ADJUDICATED BY A JUDGE BEFORE THE LAW WENT INTO EFFECT ON THE FIRST OF SEPTEMBER. SO THAT HEARING WAS HELD AND THAT JUDGE DID ADJUDICATE AND THE JUDGE DID ADJUDICATE THE THOUGHT WAS UNCONSTITUTIONAL. AT THE SAME TIME THAT THE LAWSUIT WAS BEING FOUND BY THE CITY OF HOUSTON AGAINST HB 1 21 27. THE STATE OF TEXAS HAD ALREADY PREPARED AND APPEALED. OKAY THAT'S HOW PORT 21 27 MINUTES AND HOW IT AFFECTS SO MUCH OF WHAT WE DO. AS A CITY IN THE FUTURE, BUT AS IT STANDS TODAY, IT'S A LAW AND WE REALLY DON'T HAVE ANY CHOICE BUT TO COMPLY. I THINK, MR COUPES, THEN MR CONTRERAS COURSE. WELL WE WERE GIVEN INFORMATION EARLIER LIKE TO TALK TO THE ATTORNEY, BUT I LIKE TO HEAR HIS THOUGHTS ON AH. THE JUDGMENTS THAT HAVE BEEN MADE AGAINST THAT THAT WOULD CAUSE US TO PAUSE. ARE. 21 27. PARTICULAR PROVISIONS, NOT. PROHIBITING CITIES FROM HAVING CURFEW WAS WAS AN AMENDMENT TO THE UH, CODE OF CRIMINAL PROCEDURE WAS OUT PART OF 21 27.

SO THE LAWSUIT IS NOT A FACTOR. THAT STATUE EFFECT. WELL, THE JUSTIFICATION FOR DOING AWAY

[00:20:04]

WITH THIS YES. IF YOU WERE A. MINOR WERE FOUND GUILTY OF AN OFFENSE UNDER A CURFEW ORDINANCE . IT COULD BE USED AS IT ANY CANCER MEANT YOU HAD A LATER JUDY CATION OR CRIMINAL. SO I WOULD COUNT AS A PRIOR CONVICTION. AND THAT'S WHAT THEY WERE TRYING TO REMEDY. I THINK THE BABY OUT WITH THE BATH FORM . THAT STATUTE WENT INTO EFFECT WAS NOT AFFECTED BY 21 27. THANK YOU. YOU COULD GO AHEAD, SHEEP. THAT'S GOOD. SO EVERYTHING HAVING BEEN SAID I STILL WOULD LIKE THAT THIS MOVEMENT TO ANSWER INDIVIDUAL CONSIDERATION. CAN'T DO. SAME DISCUSSION WILL TAKE PLACE THERE. OKAY? THIS WILL BE COME. ITEM H. UNDER ITEMS CONSIDERATION 58. YEAH.

OKAY ANY OTHER INFORMATION ON THIS MR TITLE? YES, SIR. CONSENT AGENDA. ITEM FOUR. C CONSIDER A RESOLUTION APPROVING THE PROPOSAL FOR CITY PAID EMPLOYEES AND RETIRED MEDICAL PRESCRIPTION PLAN FOR BLUE CLAWS SHIELD OF TEXAS FOR ONE YEAR AGREEMENT TO CHEER CONTINUANCE OF SERVICE AND MINIMAL CALLS TO REMAIN IN FACT. IT IS RECOMMENDED THAT THE CITY RENEW ITS CONTRACT WITH BLUE CROSS. SHIELD OF TEXAS HEALTH. THIS CONTRACT IS CRITICAL AND PARENT COST SAVINGS IN THE AMOUNT OF $55,000 IN ALREADY HR DIRECTOR MR CLANCY HERE TO ANSWER ANY QUESTIONS, COUNSELOR.

YEAH. ONE QUESTION I HAVE IS, LET'S SEE PERCENTAGE READING THE PACKAGE. I DIDN'T SEE IT. BUT WHAT'S THE PERCENTAGE OF THE CITY PAYS IN THE EMPLOYEE PAPER ? ROUGHLY AN 80 20. CITY 80 EMPLOYEE 20 CORRECT. ROUGHLY, THANK YOU. YEAH, RIGHT. THAT. THE COST FOR THE RETIREES COVERAGE. YES BEING INCREASED LAST YEAR? YES THAT IS CORRECT. WE LOOKED AT OUR STRATEGIES ABOUT FOUR OR FIVE YEARS AGO. THAT'S WHEN WE WENT FROM SELF INSURED, FULLY INSURED AND WE WANTED TO LOOK AT EVERYTHING THAT WE WERE DOING TO MAKE SURE THAT WE CAN CONTAIN OUR COSTS.

ONE OF THE THINGS WAS LOOKING AT THE RETIREE EXPENSES AND WELL, IT WAS COSTING US AND OUR CONSULTANT LET US KNOW THAT WE WERE OVER FUNDING OR RETIREES. AT THAT POINT, IT WAS PROBABLY LIKE MY 60% IN COMPARISON TO THE MARKET THAT THEY HAVE IN THEIR WORLD. SO WE'VE BEEN REDUCING THE COST. THAT CITY CONTRIBUTES FOR THE RETIREMENT BY 5% EVERY YEAR. SO WE'RE LIKE IN THE FOURTH OR FIFTH YEAR, AND NOW WE'RE AT THE POINT WHERE WE'RE ON PAR WITH THE MARKET, BUT THEY DO RECOMMEND THAT WE FUNDED DOWN TO ZERO, SO IT'S ALL COMPLETELY RETIREE FUNDED. BUT WE HAVE INTENDED DISCUSSION. DO YOU KNOW WHAT THE RETIREES ARE PAYING RIGHT NOW? COME ON, UM, FOR RETIREE. ONLY IT'S ABOUT $902 PER MONTH FOR MEDICAL. YES. AND HOW MANY AGAIN APPROXIMATELY.

HOW MANY DO WE HAVE THAT ARE USING? WE HAVE 10 RETIREES THAT ARE ON THE P P O OR THE HIGH DEDUCTIBLE PLANS. THANK YOU. ANOTHER QUESTIONS. THANK YOU, MR BROWN. YES SIR. AGENDA ITEM. UH, FOUR D CONSIDER A RESOLUTION OF THE CITY COUNCIL, THE CITY OF TEXAS AND THE VARIANCE REQUIREMENTS OR PROVIDE REPLACEMENT TREES ON THE PROPERTY LOCATED IN REAL SIX AND REAL EIGHT WEST CAMP WISDOM, ROLLS, BILLS, DOLLARS ACCOUNTING TEXAS AND PROVIDING FOR BASICALLY AMERICA COUNCIL JUST AS YOU KNOW. LOCATION IS OUR PARTICIPATION IN CITY COUNCIL MAY APPROVE THE TREES LOCATED AT WEST CAPITALISM ROAD WHERE THERE ARE STATIONS BEING CONSTRUCTED.

VARIOUS TREES ARE PROPOSED REMOVED WITHOUT REPLACEMENT AND HAS REPLACEMENT WILL BE AN EXPENSIVE ORDEAL CITY AND SO THIS IS AN OPPORTUNITY FOR US. SHOT WHICH DIRECTION YOU WANT TO

[00:25:02]

GO. THIS IS OUR DREAM. WATER COUNTRY PRESERVATION. MAYBE I'D LIKE TO MOVE THIS INDIVIDUAL CONSIDERATION. MEMBERS COMMENT WILL PROBABLY WELL AH! I JUST HAVE A BIG PROBLEM WITH THE CITY DEVELOPER COMES IN. AND THEY'RE REQUIRED TO DO THIS. WE'RE DOING THAT THING. I NEED YOU TO DO IS WE DON'T NEED TO. MALAYSIA WITH THAT. I'LL JUST GO WITH MICHIGAN DIRECTLY. WE NEED TO MOVE IT TO INDIVIDUAL CONSIDERATIONS. WELL, ANY OTHER COMMENTS, MR CONTRERAS ? OR IS THAT WHAT THAT'S IT? ALRIGHT NOTES THIS REMOVED 25 I . I GUESS I DO HAVE ONE OTHER COMMENT MIRROR THAT THAT COMMENT WOULD BE. I'D LIKE TO KNOW WHAT THE COST IS GOING TO BE. TIME SEEMS LIKE OUR CONTRACTOR OR THE WAY THINGS LINE UP. THAT SHOULD BE HORRIBLE COST FOR DOING IT. CAN YOU SEE MAN CALLS FOR THAT, SIR? IT'S LIKE 20 28,000 OR SOMETHING LIKE THAT. BUT I GUESS THE REASON WHY THE MITIGATION WAS REQUESTED IS BECAUSE AH, SOME OF THE TREES AS PROPOSED WOULD GROW INTO THE UNDERGROUND INFRASTRUCTURE. SOME OF THE TREES BECAUSE OF THE CANOPIES. WHEN THEY'RE FALLING MATURE WILL GROW INTO EACH OTHER. SO THIS DESIGN AH, THAT WE RECEIVED FROM THE ARCHITECT WAS NOT WELL THOUGHT OUT. FOR THE LANDSCAPING . AND SO THAT'S ONE OF THE REASONS WHY WE'RE ASKING TO NOT HAVE TO PLANT THESE TREES. MAYOR I GUESS MY COMMENT WOULD BE IS IF SOMEBODY WAS DOING THAT AGAIN , A LOT OF DEVELOPMENT IF YOU COULDN'T DO IT, AND THEN WE WERE FOUND TO DO IT SOMEWHERE ELSE.

ABSOLUTELY THAT'S SOMETHING I WOULD LIKE THE CITY TO CONSIDER. OKAY WE DON'T HAVE THAT DISCUSSION YESTERDAY. YEAH I WAS HOPING THAT WE COULD GET IT MOVED TO INDIVIDUAL CONSIDERATION. I'VE ASKED MR GARCIA TO PROVIDE US REFERENCED. TREE SURVEY THAT'S BREEDING IN THE STAFF REPORT. SO I'D LIKE TO SEE A COPY OF THAT. BEFORE WE DISCUSS IT. AN INDIVIDUAL CONSIDERATION. I'M NOT OPPOSED TO THIS, BUT I THINK WE'LL PROBABLY GET TO HERE. WHAT WHAT ? THAT LAND IN THAT AREA OF LAND IS BEING USED FOR IN A LITTLE MORE DETAILED TO JUSTIFY REMOVAL OF THESE TREES. I'M NOT ARGUING THAT THERE'S PROBABLY GOOD REASON THAT THEY WANT THAT ADDITIONAL SPACE. I'D LIKE TO HEAR MORE ABOUT IT BECAUSE FOR THE PUBLIC DEBT TO MR MCBURNETT POINT THAT SOMETIMES HAVE TO REPLACE THESE TREES. IF WE'RE GOING TO DO IT, AND WE'RE NOT GONNA REPLACE THE TREES. THAT'S FINE, BUT WE JUST NEED TO HAVE A PUBLIC DISCUSSION SO THE PUBLIC CAN UNDERSTAND. WHY THIS IS IMPORTANT THAT WE OPEN THESE SPACES UP AND SOME OF THESE TREES WILL HAVE TO GO. NO MISS COLTON MADE A STATEMENT. I THINK BEARS ON WHAT OUR CONCERN IS JUST PLAN WAS NOT WELL THOUGHT OUT. SHE'S ON RECORD WITH THAT STATEMENT. BECAUSE OF THIS MOMENT, SO FOR US TO EXAMINE THAT, OR FOR IT TO BE RE EXAMINED BY APPROPRIATE OFFICIALS IN THE CITY STAFF MAY BE MORE APPROPRIATE COUNCIL LOOKING AT I DON'T HAVE THE ABILITY TO TAKE A LOOK AT THAT STATE WHETHER IT'S RIGHT OR WRONG. BUT APPARENTLY OUR PUBLIC WORKS LOOKED AT IT. THAT'S WHAT EVER RENTED THIS POINT TODAY. AND TO HAVE THAT FURTHER EXAMINED. MAYBE BEST POSSIBILITY FOR THIS ONE IS TO HAVE SOME QUESTIONS ANSWERED IT OPEN FOR CONSIDERATION BUT POSSIBLY TABLE IT. WITH FURTHER EXAMINATION. MORE INFORMATION COMING BACK MIGHT BE THE BEST COURSE OF ACTION FOR US TO CONSIDERABLY GET THERE OR DO YOU WANT TO PICK THAT PARTICULAR ACTION AT THIS POINT. WE CAN TAKE IT OUT THERE AN ITEM.

WHATEVER TABLE IT OR TAKE THESE COMMENTS THAT WE'RE HEARING TODAY. BASED ON THIS COAST COLTON STATEMENT THAT IN YOUR COMMENT, MR CONTRERAS LIKE TO SEE IT, UM COME BACK TO ANOTHER TIME WITH ALL THAT INFORMATION, SO WE UNDERSTAND A LITTLE MORE DETAILED. IT WAS A HUGE PIECE OF INFORMATION READING, READING THESE KINDS OF TREES OR THIS AND THESE KINDS OF TREATS WITH THAT I HAD TO READ IT THREE OR FOUR TIMES EVEN UNDERSTAND WHAT I WAS READING. QUITE HONEST. SO I THINK, MR BACKMAN, LET'S COMMENT . WHERE WOULD WE DO WITH THIS? WHERE WOULD IT GO? THAT ALMOST NEEDS THAT NEEDS TO BE EXPLAINED AS WELL. IT'S NOT IDENTIFIED IN THE BACKUP. AND THEN THIS

[00:30:01]

STATEMENT THAT IT WASN'T DESIGNED WELL IN THE FIRST PLACE. THERE'S ANOTHER ISSUE. I THINK WE NEED TO TAKE ON A PARTICULAR POINT IN TIME. SO DO WE. WE WANT TO MOVE THIS TO INDIVIDUAL CONSIDERATION OF THE SAME COMMENTS MADE OR DO WE WANT TO TAKE THE ACTION RIGHT NOW TO SAY, LOOK, JUST JUST ASK PUBLIC WORKS TO GIVE US MORE EXAMINATION. BREAK IT BACK TO THE LETTER TIME. SAVE US TIME OUT THERE FOR US TO DO IT INDIVIDUAL CONSIDERATION BECAUSE I'VE GOT QUITE A FEW OF THEM. COMMENTS TO MAKE ABOUT. OKAY I THINK IT ALSO GIVES THE OPPORTUNITY FOR DEPARTMENT TO SPEAK ON THEIR NEEDS AND THEIR USE OF THE PROPERTY NETWORK.

JUSTIFY THE NEED TO REMOVE SOME OF THE STREETS. NOT ALL ABOUT WHAT'S GOING ON UNDERGROUND. AH THEY MAY WANT TO PUT MORE PAVEMENT FOR TRAINING OR ANY HOSTED THINGS OUT THERE. WE HAVEN'T SEEN THE PLANS YET. SO WE DON'T KNOW. RIGHT OKAY, SO, CHIEF, YOU MAKE A STATEMENT? NOPE OKAY. BASED BASED ON COUNCIL MEMBER CONTRERAS COMMENT, WE WILL BE LOOKING FOR INPUT IN THAT REGARD. WHEN WE GO TO FOR INDIVIDUAL CONSIDERATION. OKAY MAKE SURE I MOVE THIS CORRECTLY. SO WE'RE TAKING FOUR D AND CREATING IT AS FIVE. I OKAY? OKAY YES, SIR. MR BROWN.

YES SIR. CONSENT AGENDA ITEM FOR E. CONSIDER A RESOLUTION RATIFYING THE CROSSING SURFACE INSTALLATION AGREEMENT BETWEEN THE N S F COMPANY IN THE CITY OF DUNCAN PILL FOR INSTALLATION OF INVESTOR CROSSING WEST DAVIS STREET AND HEREBY APPROVED THE ADDITIONAL 13,500 PAY THEM. UM THIS EXPENDITURE IS FOR THE CONCLUSION OF THE INSTALLATION OF THE PEDESTRIAN CROSSING THAT WEST DAVIS STREET. IN 2022, THE CITY ENTERED INTO AN AGREEMENT WITH BNSF TO RECONSTRUCTION OF CONCRETE CROSSING SURFACES. SO THIS AMOUNT IS THE AMOUNT THAT'S OVER THE ORIGINAL ESTIMATE. AND SO MISS COLTON THIS YEAR THEY ABSOLUTELY ADDITIONAL QUESTIONS THAT SHOULD HAVE FOR THAT. THANK YOU, AND QUESTION REALLY MIGHT NOT BE FOR MISS COLTON. UH YOU KNOW, I UNDERSTAND WHY THIS IS THEN I AGREEMENT AGREEMENT WITH THIS IS DONE, BUT I LOOK AT THE WORK WAS COMPLETED SEPTEMBER 2022 AND I'M SITTING THERE GOING LIKE THIS IS A YEAR. AGO. WHEN WAS THE INVOICE COMMITTED? WHAT'S GOING ON WITH THIS? WONDERFUL PAYING ANY INTEREST ON THIS. SO WHAT A CARROT IS WE ENTER INTO AN AGREEMENT WITH BEING ITSELF AND WE WERE AH, ENTERING INTO IT BASED ON ESTIMATE, SO THE WORK WAS DONE AND FOR, YOU KNOW, THREE OR FOUR MONTHS LATER. WE GOT INVOICES FROM BEING S. YEAH. AND SO WE WERE COMMUNICATING WITH THEM, HOPING YOU KNOW, WE TO GET THEM TO, UH, YOU KNOW, LESSEN THEM OUT THAT WE OWE BECAUSE WE TOLD THEM HEY, THE ESTIMATE WAS LIKE 47,000. AND NOW YOU KNOW YOU'RE WANTING TO CHARGES LIKE 60 SOME 1000 YOU GOT TO JUSTIFY JUSTIFY YOU KNOW THESE COSTS AND AMOUNTS BECAUSE WE'RE GOING TO HAVE TO GO TO COUNCIL NOW BECAUSE THE ORIGINAL AGREEMENT WAS ADMINISTRATIVELY APPROVED BY THE CITY MANAGER. SO BASICALLY, WE'VE BEEN IN THE PROCESS OF YOU KNOW, TALKING WITH THEM REGARDING THESE NUMBERS AND CONFIRMING AND OBTAINING JUSTIFICATION FOR THE FEES THAT THEY ARE SAYING THAT YOU KNOW WE OWE SO, BASICALLY WHAT THEY HAVE TOLD US IS FLAGGING, WAS OUTSIDE OF THE SCOPE OF THE ORIGINAL AGREEMENT, AND THAT'S KIND OF AH , YOU KNOW, MOST OF THE OVER RIDGE. BUT WE HAVE BEEN IN DISCUSSIONS WITH THEM ALL THIS TIME. ABOUT THIS ABOUT THIS INVOICE. WHAT'S FLAGGING. BUT YES, 13,000. YEAH I WAS ASKING, FLAGGING UNDERSTAND? FLATTENING AS HOLDING FLAGS AND WARN YEARS . OKAY SO THAT'S WHAT I NEED TO UNDERSTAND FOR NOW. YES, YES, FLAGGING. IS THEY PRETTY MUCH LIKE THE RED TRAFFIC. THEY FLAG PEOPLE? YES AND SO THE DIFFICULTY THAT WE'RE EXPERIENCING AND GETTING BNSF TO COME OUT AND CLEAN UP OUR CITY IS WHAT WE'RE DEALING WITH AS FAR AS ITS INVOICES CONCERNED, BECAUSE IT'S THE RAILROAD, SO I UNDERSTAND THE DIFFERENT PEOPLE ROSE. SO THE ADDITIONAL CHARGES COMING FROM THEM FLAGGING DIRECTING TRAFFIC. WELL

[00:35:04]

BASICALLY HOW MANY MONTHS LONG THAT WAS ACTUALLY FOR ABOUT TWO MONTHS. ON AND OFF. THEY YOU ENTER INTO AN AGREEMENT WITH THEM THAT YOU KNOW AS FAR AS DOING WORK TO THEIR TRACKS, UM YOU CAN'T. YOU CAN'T DO IT. THEY HAVE TO DO THAT WORK, RIGHT? THANK YOU BASICALLY HELD HOSTAGE. YEAH. BUT I DIDN'T KNOW. WHAT WAS BEING DONE, AND IT'S KIND OF LIKE, OKAY. IT'S LIKE, YOU KNOW, I'M SITTING THERE GOING LIKE THE WORK WAS COMPLETED SEPTEMBER 22. AND THEN THEN I HEARD YOU SAY INVOICES. AND VOICES CAME. IT'S LIKE AND I'M NOT SURE WHAT PROCESS YEAH.

MORE HOW OR WHAT? THAT'S THAT'S WHERE I WAS KIND OF WONDERING ABOUT THAT, THEN MY HEAD. MY OTHER QUESTION IS BY PETER MR BALDWIN, AND WE HAVE TO PAY INTEREST ON ANY OF THAT. YEAH THERE IS NO INTEREST INVOLVED. SOMETHING NEGOTIATIONS THAT YOU'VE UNDERTAKEN FOR ALMOST A YEAR NOW COME TO COMPLETION AND THAT'S WHY WE'RE HAVING TO DEAL WITH THIS NOW AND DEALING WITH BNSF OVER THIS MONTH. TIME IS NOT UNUSUAL. REGRETTABLY YES. AGENDA ITEM FOR YOU CONSIDER A RESOLUTION APPROVING THE TERMS AND CONDITIONS ARE PROFESSIONALS . 3-0033 WITH DONALD ASSOCIATES FOR THE DESIGN OF HERITAGE FOR WASTEWATER AREA REVILED CONTRACT AMOUNT OF $68,800 AND ADDITIONAL APPROPRIATION OF $12,760 PROJECT CONTINGENCY TOTAL AMOUNT NOT TO EXCEED 7 $6560. THIS ISLAND IS VITAL FOR IMPROVING THE CITY'S PIPELINE SYSTEM. DONALD WAY ASSOCIATES, LOCATED ON FOUR WAR SUCCESSFULLY COMPLETED THE DAGGER DELL ROAD PAVEMENT, AND YOU TOLD THE IMPROVEMENT DESIRED PROJECTS REQUESTING ADDITIONAL FUNDS THE AMOUNT OF 7 $6560, WHICH INCLUDES 12,764% EXPENDITURE, SO AGAIN, THIS COLD HERE, THE ANSWER ANY QUESTIONS COUNCIL MAY HAVE REGARDING THIS PROJECT. YEAH. OKAY. THANK YOU. NEXT TIME, PLEASE. CONSENT AGENDA. ITEM FOUR G. CONSIDER A RESOLUTION AUTHORIZING AMENDMENTS. PROFESSIONAL SERVICES AGREEMENT. 23 THAT'S 00041, SOCIALIST FOR ADDITIONAL PROFESSIONAL ENGINEERING SERVICES AS PART OF THE SOFTWOOD DRIVE SANITARY SEWER AREA, ACROSS AND REPAIR DESIGN PROJECT AND THE AMOUNT OF $14,450 NOT TO EXCEED THE TOTAL CONTRACT AMOUNT OF 99,200. YEAH $50 AND 2022. THE CITY'S ABSTAINED DAMAGES ONE OF ITS SIX INCH OF PIPELINES AND THE CREEK AREA, AND THEY'RE SOFTWOOD DRIVE DAMAGE HAS JEOPARDIZED THE UPSTREAM FUNCTION OF THE PIPELINE IS CRITICAL TO MAINTAINING AND STABILIZING THE NORTH BANK. MILLCREEK. YEAH MISS COLTON IS HERE ASKING QUESTIONS. I DO WANT TO HOLD DOWN ONE. THANK YOU AND THE STAFF ACTUALLY FOR F AND G AND FOR TAKING PROACTIVE STEPS ON THESE TWO ITEMS, ONE COMMENT I HAVE ON G H, UM. DUNAWAY HAS GIVEN US AN ESTIMATE FOR THE COMMISSION PROJECT LITTLE OVER $600,000 SEE IN THE PACKET FOR ITEM. GEE IF THEY HAVE AN ESTIMATE FOR THAT PROJECT TO DESIGN IS THERE ANY ESTIMATE ON THAT TOTAL PROJECT? IT WOULD BE AROUND THE STATEMENT. ABOUT 600,000. ALL RIGHT. THANK YOU. YES SIR. I DON'T FOUR H CONSIDER A RESOLUTION AUTHORIZING. I'M SORRY. DIFFERENT ONE. CONSIDER A RESOLUTION OR PROVEN THE TERMS AND CONDITIONS OF AMENDMENT NUMBER ONE TO THE HOUSEHOLD HAZARDOUS WASTE AND THE LOCAL AGREEMENT BETWEEN DALLAS COUNTY AND THE CITY OF DUNCANVILLE, TEXAS, TO PROVIDE HOUSEHOLD HAZARDOUS WASTE SERVICES, INCLUDING THE DISPOSAL LOOKED AT DISPOSAL SERVICES. DALLAS CALI.

FIXED SIDE POST SELL HAZARDOUS WASTE COLLECTION LOCATION IN OCTOBER 1 2023 THROUGH SEPTEMBER 30TH 2024, PART OF THE DALLAS AREA HOUSEHOLD HAS DISPLACED THAT WORK CAUSE NOT TO EXCEED $53,481 AND THIS PARTICULAR ITEM. COUNCIL LIVE WITH THE SHOVEL, STORMWATER REQUIREMENTS, REPUBLIC EDUCATION AND MEASURABLE PUBLIC INVOLVEMENT. 2023 THE CITY HOSTED THIS HOUSEHOLD HAS THIS WASTE OF THAT AND WHICH OVER 400 HOUSEHOLDS PARTICIPATED. APPROVING THIS

[00:40:07]

AGREEMENT WILL PROVIDE RESIDENTS WITH THE RESOURCES TO SAFETY DISPOSE OF THIS PLACE MATERIAL.

THE ANSWER THE QUESTIONS YOU HAVE. I DON'T BEFORE I CONSIDER A RESOLUTION AUTHORIZING VEHICLE MAKE READY SERVICES FOR JEWS. CUSTOM AUTO UP NOTHING OF POLICE SWAT VAN AND THE EXPENDITURE AMOUNT NOT TO ACHIEVE $45,000 SWAP THERE WAS REPLACED IN THE CITY HAS CONDUCTED SUBSTANTIAL RESEARCH TO IDENTIFY VENDOR THAT CAN CONDUCT AN UPLIFTING ON THE SWAT BAND. JUNIOR'S CUSTOM AUTO . AS BEEN HIGHLY RECOMMENDED, AND HAS CONFIRMED THAT THEY WILL COMPLETE ALL CUSTOM OF FITTING IN HOUSE TIES TO PRODUCT. AND SO CHIEF OF BIG NAME AND IT'S COLD. AND THEN MR LOWER HERE THE ANSWER ANY QUESTIONS THAT YOU MAY HAVE? SO NOW THIS IS ABANDONED. WE ALREADY PURCHASE RIGHTS. YES SIR. YES SIR. YES IT'S GETTING MADE READY FOR A SWAT TEAM. THERE'S SAFETY EQUIPMENT, ETCETERA. THAT'S BEING ADDED TO IT. BUT IT IS A BAND THAT WE'VE ALREADY PURCHASED VERY IN THAT LAST MAN. NO WAY. YES. SO GLAD. WE ALL LONG TIME ONE OF THOSE TRANSIT VANS THAT GIVES BECAUSE THE GUYS MORE HEADROOM, ISN'T IT? YES. JUST REAL SUCCINCTLY. YOU'LL HAVE APPROVED FOR THE VAN AND CONFERRING WITH OUR PURCHASING DIRECTOR, EVEN THOUGH IT DOESN'T MEAN $50,000 THRESHOLD TO BRING YOU GUYS SINCE IT IS ALL PART OF THAT'S WHAT, MAN WE THOUGHT IT PRUDENT TO BRING THIS TO YOU BECAUSE WE HAVE TO TAKE THE BONES OF THAT SLIGHT MAN AND MAKE IT AREN'T USABLE VIRUS WHITE ON THE INSIDE. HMM. BEFORE M J CONSIDER A RESOLUTION APPROVING THE RENEWAL OF AN L. A LOCAL AGREEMENT BETWEEN THE CITY OF DUNCANVILLE DALLAS COUNTY HOSPITAL DISTRICT. BB APARTMENT , HEALTH AND HOSPITAL SYSTEM TO PROVIDE BIOTECH PMS. SERVICE USUALLY SYSTEM SERVICES IN THE AMOUNT OF $138,671.30 FOR TWO YEARS TERM. THIS PARTICULAR ISLAND IS DO AGREEMENT, WHICH WILL ALLOW THE PART OF PARLIAMENT TO CONTINUE TO RECEIVE EMERGENCY MEDICAL CONTROL SERVICES AGREEMENT SUPPORTS STATE EMERGENCY MEDICAL SERVICES REPORTING COMPLIANCE. AND SO LAWRENCE AND SHE REALLY PRETTY ANSWERING QUESTIONS YOU MAY HAVE REGARDING THIS MANTRA, MUNCHES. WE'VE TALKED ABOUT THIS BEFORE AND JUST TO BE CLEAR THIS, UH BY HOTEL SISTER SERVICE. IS A SERVICE THAT HE I AM YEAH AMS PERSONNEL. CAN CONVERSE WITH OR COMMUNICATE WITH TO GET ADDITIONAL INFORMATION WHERE YES, SIR. I BELIEVE THAT'S ACCURATE, CHEAPER , HE CAN EXPOUND A LITTLE MORE ON THE SO WAS OUR MEDICAL CONTROL. WE WORK UNDERNEATH PROTOCOLS THAT THEY DEVELOP. SO EVERYTHING WE DO IN THE BACK OF AN AMBULANCE JUST IN GENERAL PARAMEDICS WE DO TO A DOCTOR'S LICENSE TO BIOTIN. WE CAN'T INDEPENDENTLY. GO DO THINGS WITHOUT THEM, SAYING THESE ARE THE THINGS THAT YOU ARE PRESCRIBED TO DO. SO YES, CONVERSATION ON THE TELEPHONE IS GOOD FOR THOSE WHERE YOU MAY NOT HAVE THE DIRECT THE RIGHT ANSWER YOUR YOU HAVE A COMPLEX PATIENT. YOU DON'T. YOU'RE NOT TRYING TO FIGURE THINGS OUT. GONNA THIS DOESN'T LOOK RIGHT. I THINK THIS BUT I THINK THAT WE CAN CALL THEM AND GET A DOCTOR ON THE LINE IMMEDIATELY AND TELL US, OKAY. YOU NEED TO DO THESE THINGS AND TRANSPORT TO THIS PLACE, SO THEY'RE VITAL RESOURCE FOR WHAT WE DO. WE COULDN'T DO WHAT WE DO WITHOUT THANK YOU. YEAH. I DON'T UM, FOUR K. CONSIDER A RESOLUTION AUTHORIZING AN AMENDMENT TO CONTRACT 19 001, WHERE. PHOENIX PRONOUNCING THAT CORRECTLY LLC TO PROVIDE FOR ADDITIONAL FLAVOR, INSTALLATION SERVICES AND THE AMOUNT NOT TO EXCEED $5500 TO EXPAND THE TRAFFIC DIVISIONS. INTELLIGENT TRAFFIC SYSTEMS NETWORK FOR TOTAL CONTRACT AMOUNT NOT TO SEE WHAT $189,000.41 DOLLARS AND THE BACKGROUND ON THIS COUNCIL THIS AMENDMENT IDENTIFIES A PLAN. TO CONTINUE TO ENSURE THE SAFETY AND RELIABILITY OF THE CITY OF GOVERNMENT. THOSE TRAFFIC SYSTEMS. AND THIS REQUEST FOR ADDITIONAL FUNDING WILL ASSIST WITH EXPANDING THE CITY'S UNDERGROUND STRUCTURE. SO MISS COLTON IS HERE. DIMENSION THE ADDITIONAL PASSENGERS MAY HAVE ON THIS ISLAND. NEXT TIME. OR A ALL CONSIDER A RESOLUTION

[00:45:03]

AUTHORIZING THEIR APPROVAL AND EXPENDITURE OF BOND FOR MY CONDUCT GROUPS PROVIDE ANNUAL GOVERNMENTS AND LEADERSHIP COACHING DUNCANVILLE AMOUNT NOT TO EXCEED $25,000, BUT THE ENTIRE TERM OF THE AGREEMENT LIKE A GROUP OF DEVELOPMENT SERVICES FOR THE CITY. SINCE 2021 ALLOWED LIKE TO FACILITATE THE COUNCIL RETREATED FROM TIC'TIC LEADERSHIP SUMMIT IN NOVEMBER. 2023 MISS TAYLOR AND. I DID NOTICE ON THE CALIBER. THERE IS A RETREAT NOVEMBER.

ALRIGHT. OKAY, CLUES. THE AGENDA ITEMS WILL BE GONE TO ITEM NUMBER THREE BRIEFINGS AND PRESENTATIONS. THREE A BRIEFING REGARDING THE CITY OF LANGUAGE SUBMISSION OF AN APPLICATION TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY HAZARD MITIGATION PROGRAM PRESIDENTIAL SAFER REBATE PROGRAM $240,000. PERFECT GOOD EVENING, MARY COUNCIL STORY. IT'S NOT GOOD, BUT MY NAME IS LAUREN SANCHEZ. I'M THE REGIONAL EMERGENCY MANAGEMENT OPERATIONS COORDINATOR. FOR THE CITIES OF CEDAR HILL, DUNCAN BUILD A SOTO AND LANCASTER. WE TALKED ABOUT THIS BRIEFLY WHEN I CAME BEFORE YOU PRIOR A COUPLE OF MEETINGS AGO TO GET APPROVAL TO CHANGE SOME LANGUAGE IN A PLAN THAT WE HAD WITH DALLAS COUNTY, SO YOU MIGHT BE A LITTLE FAMILIAR WITH THIS PROJECT, BUT I WANTED TO COME AND GIVE YOU AN UPDATE TODAY AHEAD OF ME SUBMITTING THAT. OFFICIAL GRANT APPLICATION. SO LET'S TALK ABOUT THE THREAT AND WHY I'M HERE TO EVEN TALK TO YOU ABOUT RESIDENTIAL SAFE ROOM. SO WE ALL KNOW THAT THE ONE OF THE BIGGEST THREATS THAT WE FACE THAT KEEPS ME VERY BUSY. ALL YOUR LONG IS SEVERE WEATHER. WE HAVEN'T HAD RAIN IN A LONG TIME. BUT WHEN IT DOES EVENTUALLY RETURN, IT'S NOT JUST GOING TO BE RAIN. UNFORTUNATELY WE ALSO FACE THE THREAT OF TORNADOES. HELL STRONG WINDS BUT MOSTLY TORNADO. WHERE WE GET A LOT OF OUR DAMAGES FROM SO HERE ON YOUR SCREEN. IT IS PRETTY SMALL AND I APOLOGIZE FOR THAT. BUT IT'S A MAP OF OUR FOUR CITIES THAT I COVERED WITH COLORFUL LINES INDICATING WHERE WE'VE HAD TORNADOES TOUCHED DOWN SINCE 1950. THERE'S A LOT MORE COLORS UP THERE, THEN I THINK ANY OF US ARE COMFORTABLE WITH SO THE THREAT OF TORNADOES IS GOING TO CONTINUE. WE CAN'T STOP THEM FROM OCCURRING SADLY, BUT SOMETHING WE CAN DO TO PROTECT THE PEOPLE THAT MIGHT BE IMPACTED WITH THEM IS TO LOOK AT THE OPTION OF RESIDENTIAL SAFE ROOMS, WHICH IS EXACTLY WHAT IT SOUNDS LIKE BUILDING A SAFE STRUCTURE IN THE HOME, WHERE THE HOME DWELLERS AND ANYONE WHO'S VISITING CAN GO TO THIS STRUCTURE DURING A TORNADIC TORNADIC EVENT. AND STAY SAFE UNTIL IT HAS PASSED, AND THEN THEY CAN COME OUT. SO WE HAD THE IDEA OF LOOKING INTO A SAFE ROOM PROJECT WHEN ACTUALLY A RESIDENT OF CEDAR HILL CALLED ME AND SAID I WOULD LOVE TO DO THIS PROJECT THERE USED TO BE FUNDING THROUGH THE COUNCIL OF GOVERNMENTS. THEY ENDED THAT PROGRAM WHEN THE FUNDING EXPIRED, AND HE REACHED OUT TO ME TO SEE IF WE COULD GET A GRANT PROGRAM GOING AND I SAID I LOVE THE IDEA. I GOT APPROVAL FROM THE FOUR CHIEFS IN THE FOUR CITIES OF LOOKING INTO THIS SO, FINALLY, A GRANT APPLICATION OPENED WHERE THIS IS AN ELIGIBLE PROJECT, AND IT'S THROUGH FEMA AND A GRANT CALLED THE HAZARD MITIGATION GRANT PROGRAM. AND SO WHAT I WOULD SUBMIT IS A GRANT CALLED THE BEST SOUTHWEST RESIDENTIAL SAFE ROOM REBATE PROGRAM. AND IT WOULD BE FOR THE RESIDENTS OF ALL FOUR CITIES.

CEDAR HILL, DESAUTELS DUNCANVILLE IN LANCASTER AND WHAT IT IS THE REIMBURSEMENT GRANT. SO THE HOMEOWNER IF THEY'RE INTERESTED, WOULD CONSTRUCT A SAFE ROOM IN THEIR HOME AND WE HAVE SOME REQUIREMENTS THAT WE TALK ABOUT IN A SECOND. BUT THEY WOULDN'T THEY WOULD HANDLE THAT INSTALLATION. THEY WOULD WORK WITH ME. THEY WOULD SEND THEIR SEND ME ALL THEIR DOCUMENTATION RECEIVES CERTIFICATION THAT IT'S A REAL SAFE ROOM AND MEETS ALL THE CONSTRUCTION REQUIREMENTS. I SUBMIT THAT TO FEMA. THEY GET REIMBURSED A CERTAIN AMOUNT OF MONEY SO THAT THEY'RE NOT OUT OF POCKET FOR THE ENTIRE COST. SO FEMA DOES HAVE REQUIREMENTS. THE SAFE ROOM. CAP THAT THEY PUT ON ANY HOMEOWNER THAT THEY DEEM ELIGIBLE IS $6000. SOME SAFE ROOMS WILL BE MORE EXPENSIVE, DEPENDING ON HOW BIG OF A ROOM YOU NEED TO CONSTRUCT, DEPENDING ON YOUR FAMILY SIZE. BUT 6000 IS WHAT THEY'LL GO UP TO. FOR THE REBATE ITSELF. IT IS CAPPED AT $3000. SO THE REBATE IS WRITTEN THAT IF I WAS A HOMEOWNER, I'M SUBMITTING. UNDER THIS PROJECT, I CAN GET REIMBURSED UP TO HALF OF THE COST OF THE SAFE ROOM. CAPTAIN 3000. SO IF I SPENT 6000 I COULD GET THE FULL THREE. IF I SPENT 10,000. I WAS STILL ONLY GET THAT FULL THREE. SO YOU'RE CAPPED AT THE 3000. I DECIDED FOR THIS FIRST UNDERTAKING OF THIS PROGRAM, WE WOULD START WITH 40 SAFE ROOMS ACROSS THE FOUR CITIES THAT ROUGHLY IF IT'S EVEN LEADERS FIRST, RIGHT, 10 IN

[00:50:05]

EACH CITY. THEN SOME QUICK MATHS OF THOSE 40 STATEROOMS AT THAT 6000 TOTAL IS A TOTAL PROJECT COST OF 240,000. THE REBATE SPECIFICALLY ON MONEY THAT WOULD BE REIMBURSING TO THE PEOPLE INVOLVED. IS THAT THAT 3000 MAX OF 120,000. OVER ON THE SIDE IS A FLYER THAT I SENT OUT TO THE FOURTH CITIES BACK IN APRIL OF THIS YEAR. EVEN BEFORE THIS GRANT OPENED, I JUST WANTED TO SEE OUR PEOPLE INTERESTED. I'M INTERESTED, BUT SADLY, I DON'T LIVE IN THE FOUR CITY SO I'M NOT APPLICABLE, BUT I WANT TO SEE IF PEOPLE THAT ARE ACTUALLY HERE WOULD APPLY FOR SOMETHING LIKE THIS. UM SO I SENT OUT INFORMATION JUST KIND OF A BRIEF OVERVIEW THAT I JUST GAVE YOU AND SO FAR WE'VE HAD 31 PEOPLE ACROSS THE DIFFERENT CITY CITIES REACH OUT WITH INTEREST. I MEAN, I'M SURE ONCE THIS IS APPLIED FOR AND WE START GOING TO HAVE SOME PUBLIC MEETINGS AND MORE EDUCATION ABOUT THIS, I'M SURE WE'LL GET MORE PEOPLE SIGN UP. SO HOW IT IS GOING TO WORK FOR THE CITY? SO THE COST SHARING IF YOU HAD ME PRESENT TO YOU BEFORE FOR GRANTS. THIS ONE'S A LITTLE DIFFERENT. SAFE ROOMS HAVE A 50 50 COST SHARE USED TO HEARING WITH FEMA FUNDS, AND IT'S A 75 25 SPLIT. THIS IS DIFFERENT. SO THIS IS 50 50, SO THE FEDERAL SHARE FROM FEMA THE MONEY THAT WE WOULD EXPECT IF WE HAVE ALL 40 SAFE ROOMS BUILT AND ALL OF THEM ARE ELIGIBLE FOR A FULL $3000. REBATE IS 100 AND 20,000 FROM FEMA. THE LOCAL SHARE IS 120,000, AND IT'S ALSO UNIQUE IN THIS ONE THAT IS FROM THE RESIDENT. THERE IS NO COST TO THE CITY FOR THIS PROGRAM. SO IF I AS A RESIDENT, I'M GOING TO INSTALL THAT SAFE ROOM, RIGHT? I PAY FOR THE FULL AMOUNT AND THEN I'M GETTING REIMBURSED A PORTION OF IT. THEREFORE, THE CITY DOES NOT HAVE ANY OUT OF TALKING COSTS OR NO MATCH FOR THIS GRANT. THE GREAT SUBMISSION IS GOING TO BE THROUGH THE CITY OF LANCASTER. I HAD TO CHOOSE ONE THAT I DIDN'T HAVE A DIFFERENT GRANT FOR EACH FOUR CITIES.

THEIR FINANCE TEAM IS WILLING TO ACCEPT THE FINES AND WORK WITH ME TO DISTRIBUTE THOSE TWO RESIDENTS ACROSS THE FOUR CITIES. AND THEN I CAN MENTIONED BEFORE THE PROCESS FOR THE RESIDENTS WHO ARE INTERESTED. WHEN DOES GETS APPROVED, WE'LL DO SOME MORE PUBLIC OUTREACH AND EDUCATION RESIDENTS WILL CONTACT ME ABOUT PARTICIPATING. I WILL SEND THEM A LETTER. BUT THEY'LL HAVE TO FILL OUT. THEY HAVE TO GIVE ME THEIR ADDRESS AND SIGN THAT THEY WILL FOLLOW ALL THE RULES WITH THIS GRANT. I HAD TO VERIFY THAT THEIR ADDRESS IS NOT IN A FLOODPLAIN ONCE THAT I APPROVED OR ONCE I VALIDATE THAT I WILL SIGN THAT FORM. THEN THEY HAVE THE APPROVAL TO GO CONTACT A VENDOR OF THEIR CHOICE. CONTRACT WITH THAT VENDOR DIRECTLY INSTALL THAT SAFE ROOM.

HOWEVER, THEY CHOOSE. ABOVE GROUND BELOW GROUND, TRANSFORM ONE OF THE ROOMS IN THEIR HOUSE INTO A SAFE ROOM BUILDING FREESTANDING ESCAPE ROOM. THERE'S DIFFERENT OPTIONS AS LONG AS THEY FOLLOW THE FEMA REQUIREMENTS, WHICH THE VENDOR THAT THEY WORK WITH WILL HAVE ALL OF THOSE REQUIREMENTS. ONCE IT'S BUILT, THEY'LL PAY FOR IT IN FULL CONTACT THE CITY THE CITY WILL DO A SAFE ROOM INSPECTION TO VALIDATE THAT EVERYTHING IN THERE IS CORRECT AND THAT THIS STRUCTURE WILL ACTUALLY WORK AND DO WHAT WE WANTED TO DO. THE RESIDENT SUBMITS THE RECEIPT AND ALL REQUIRED DOCUMENTS TO MYSELF. I SUBMIT THAT TO THE STATE, THEN UP TO FEMA, AND THEN THE MONEY COMES BACK DOWN. SO THE MONEY WHEN APPROVED BY FEMALE WILL GET SENT TO THE STATE WILL GET SENT TO THE CITY OF LANCASTER FINANCE. CITY OF LANCASTER FINANCE WILL COORDINATE DIRECTLY WITH THAT RESIDENT TO GET THEM THAT REBATE AND I WILL CONTINUE THIS WHOLE PROCESS UNTIL THAT $120,000 FUNDS WE HAVE AVAILABLE IS EXPENDED. ANY QUESTIONS FOR ME? I JUST WANTED TO BRING IT TO YOU TO GIVE YOU AN UPDATE AND TO LET YOU KNOW THAT I'M PLANNING TO PROCEED. UM FEEDBACK YOU MIGHT HAVE. YES, SIR. TIME. AFTER WHICH. YOU HAVE TO SIT DOWN MONEY BACK. IT'S NOT USED. YES AND I APOLOGIZE THAT I DON'T KNOW IF THE TOP OF MY HEAD MOST GRANTS TYPICALLY GIVE YOU A THREE YEAR PERIOD, SO WE'LL HAVE THAT MONEY AND THEN AT THE VERY END OF IT, IF WE HAVE FUNDS LEFT OVER, WE HAVEN'T SPENT IT. YOU'RE RIGHT. THE CITY OF LANCASTER WILL SEND THAT BACK UP TO FEMA. ANY MONEY WE HAVE LEFT IN THE POT. MY GOAL IS TO JUST DO MORE OUTREACH AND TRY TO GET PEOPLE INTERESTED TO TAKE THAT MONEY. AND WHAT'S THE PLAN AS FAR AS REGIONAL PUBLIC NOTE? THIS IS AVAILABLE, SO IF IT GETS AWARDED, AND THEN I'M GONNA SET UP SOME PUBLIC MEETINGS WILL HOST HIM. HERE OR AT THE LIBRARY . THEY'LL BE ALL OVER THE FOUR CITIES FOR ME, JUST TO KIND OF A BRIEFING LIKE THIS. HERE'S THE MONEY THAT WE HAVE HERE ALL THE REQUIREMENTS. IT'LL BE MORE SPECIFIC OF EXACTLY WHAT THEY NEED TO DO REQUIREMENTS.

PAPERWORK KIND OF MORE INFORMATION ABOUT THE COST, AND THEN RESIDENTS WOULD COME. IF THEY'RE INTERESTED. THEY WOULD GET MY CONTACT INFORMATION AND WE WOULD GO THROUGH THAT PROCESS TOGETHER. THANK YOU. YOU'RE WELCOME. PRETTY WELL. PRESIDENCY EDUCATED. THEY'RE INTERESTED.

YES YES, SIR. ACROSS THE FOUR CITIES IN DUNCANVILLE ONLINE APPLICATION WOULD HAVE TO GO OVER. GO TO THE LANCASTER TO APPLY, SO IT'LL BE THROUGH ME AND I HAVEN'T WORKED OUT EXACTLY

[00:55:06]

HOW IT WILL LOOK, BUT WE'LL PROBABLY DO ALL ALL THE DIFFERENT WAYS WE'LL HAVE IT ONLINE. THEY CAN EMAIL IT TO ME. WE CAN HAVE PRINTED COFFEES THAT MAYBE ALL THE DIFFERENT FIRE ADMINISTRATIONS AND THEN I DIDN'T GET BACK FROM THOSE CHIEFS WERE GONNA TRY TO MAKE IT AS ACCESSIBLE AS POSSIBLE. MHM. THANK YOU SO MUCH. THANK YOU, UM MR BROWN. HOW MUCH TIME DO YOU THINK WE'D EAT ON THREE B? WE'LL TAKE MY VERY LONG IT DEPENDS ON YOUR MM HMM. I DID INCLUDE THIS INFORMATION IN THE STAFF REPORTS TO YOURSELF BEFORE YOU SHOULD HAVE ALREADY SEEN THIS LIFE.

IT'S ONLY A COUPLE OF FIVES. LET'S GET A JOB FROM WHAT I WANTED TO DO IS BRING BACK TO YOU, UM, ALL FROM THE WORKSHOP THAT WE HAD IN AUGUST 10TH AND TALKED ABOUT DIFFERENT SALARIES AND BENEFITS STRATEGY TALKED ABOUT, UM, WANTING TO ADD THE TIMOROUS 100% UPDATED SERVICE CREDITS AND 30% HOCK MR BROWN AT THAT TIME PERCENTAGE PROPOSAL OF HOW WE CAN MAKE THAT HAPPEN. UM BY DELAYING THE IMPLEMENTATION OF THE SECOND PHASE OF THE COMPENSATION STUDY TO JANUARY 1ST THAT WAS GONNA SAVE CERTAIN AMOUNT OF MONEY. UM AND THEN ADDING THE TEAM RS SERVICE CREDITS IN THE COLA AD HOC SO WHAT I'VE DONE AND IN THAT STAFF REPORT ALSO ATTACHED THE UPDATED FUND BALANCE SUMMARIES TO SHOW YOU WHAT THAT COST DISTRIBUTION LOOKS LIKE. SO THE TOTAL COST FOR YOUR AWARENESS BY DELAYING THE COMPENSATION TO JANUARY 1ST AND ADDING THE TMR S THE TOTAL IMPACT TO BUDGET CITYWIDE UM 477,000. OKAY UM, ADDITIONALLY FROM RETREAT THAT WE HAD A COUPLE OF WEEKS AGO WE TALKED ABOUT A COUPLE OF THINGS, UM, SWIMMING FOR YOUR AWARENESS, BUT THERE ARE THOSE WILL BE IN THE BUDGET. UM SO WE TALKED ABOUT THE DOWNTOWN ASSOCIATION. WE TALKED ABOUT CONSERVATION FUND START UP AS WELL AS THE MASTER PLAN FOR THE FLAG PROPERTY. ALL OF THAT IS GOING TO BE EXCLUDED. EVERY BUDGET. UM THIS NEXT SLIDE JUST KIND OF SHOWS YOU THE BREAKDOWN AND GOING BACK TO THE T. M R. S WHAT THE BUDGET CHANGES WERE TALKED ABOUT THE INTERVIEW, DEVISING A PORTION OF THE FUND BALANCE FOR THE GENERAL FUND SO AGAIN, DELAYING THE COMPENSATION TO JANUARY 1ST AND ADDING HUMOROUS UM, HOW THAT WORKED OUT. UM THAT TAKES 308,000 FROM FUN BALANCE. MORE THAN TWO. THANK ALL OF THAT HAPPENED, UM VARIOUS EMPLOYEES ARE PAID OUT OF DIFFERENT FUNDS . NOT ALL GENERAL FUNDS. I JUST BROKE IT DOWN BASED ON, UM DIFFERENT FUNDS THAT EMPLOYEES ARE PAID FROM, AND IF IT REQUIRED USE OF ANY FUN BALANCE OR IF THE FINE WAS ABLE TO ABSORB IT, REVENUE EXPENSES UM SO COMING BACK IT UP. FINALLY UM, FROM THE RETREAT WE HAD ON AUGUST 28TH. I'M SORRY. I'M SORRY. FIRST WE TALKED ABOUT A SCENARIO OF A ONE TIME STIPEND. AND SO, UM ASKED US TO COME BACK TO YOU ALL WITH A PROPOSAL OF WHAT MAY BE A ONE TIME STIPEND LOOK LIKE, UM, YOU GAVE IT TO HIM FULL TIME EMPLOYEES FULL TIME EMPLOYEES THAT WERE HIRED BY A CERTAIN DATE. BROKE IT DOWN BETWEEN PUBLIC SAFETY IN GENERAL EMPLOYEES. SO THIS IS THE PROPOSAL THAT WE CAME UP WITH. WE COULD I ONE TIME STIPEND THAT WOULD COME OUT OF BALANCE TO PAY THAT ONE TIME. COST AND THAT TOTAL COST WOULD BE 485,000 IF WE BROKE IT DOWN EXACTLY LIKE THIS, AND THAT INCLUDES TAXES, SO IT'S A FULLY LOADED OH, MR BROWN. THANK YOU COMMENTS DURING RETREAT. WE'RE KIND OF GOING BACK AND FORTH ABOUT.

SEGREGATING THE STATEMENT BETWEEN PUBLIC SAFETY AND THE REST OF THE EMPLOYEES, AND I THOUGHT THAT THERE WAS CONSENSUS THAT WE DIDN'T WANT TO. DIFFERENTIATE BETWEEN PUBLIC SAFETY AND EMPLOYEES THAT WE WANT TO GIVE ASSIGNMENT TO EVERYONE. FOCUS GROUP. NO RECOLLECTION ON THAT. MY RECOLLECTION IS THAT WE GET THE SAME TO EVERYBODY AND NOT SAY PUBLIC SAFETY IS MORE IMPORTANT THAN EVERYBODY ELSE. BUT YOU REMEMBER ABOUT THAT. I REMEMBER ADVOCATING FOR THIS. EMPLOYEES AS WELL AS LOVE EXACTLY GET INSIDE ACROSS THE BOARD WITHOUT NAMES. DISTINCTION BETWEEN WHAT YOUR WORK WAS. I DON'T REMEMBER THE DISTINCTION AS FAR AS THE AMOUNTS BUT DO REMEMBER. IT WASN'T THE AMOUNT WE WERE TALKING ABOUT, OKAY. I WAS LIKE WE'RE GOING TO GO MR CONTRAST. COMMENTS ABOUT THE. INITIALLY WE WERE CALLING IT SOMETHING ELSE FOR POLICE AND FIRE AND THERE WERE SOME COMMENTS MADE BY STAFF ABOUT HMM. ABOUT INCLUDED. BUT I DON'T REMEMBER AS A GROUP THAT WE FINALIZE THAT DISCUSSION TO INCLUDE THE STAFF IN THE TIMES

[01:00:01]

TYPE. AND I RECALL THAT WE. SOME DISCRETION IS SAYING THAT WE DIDN'T WANT TO DIFFERENTIATE BETWEEN SAFETY AND THE REST OF OUR EMPLOYEES THAT IF WE'RE GOING TO GRANT THE STATEMENT TO THE ENTIRE WORKFORCE. ANY OTHER ? YES REMEMBER WANTED INCLUDE THE GENERAL EMPLOYEES, BUT I DON'T THINK WE CAN DIFFERENTIATE. I DON'T WANT MORE. THEN I WOULD SAY I WOULD THINK IT UNDERSTOOD THAT WE'RE ADDING EMPLOYEES ALONG WITH ALRIGHT NUMBERS THAT CAME UP WITH CAME OUT OF THE CONVERSATION OF WANTING TO DO MORE FOR PUBLIC SAFETY, TOO. IN GENERAL, SO MIND. CERTAINLY MEET IN THE MIDDLE TO, UM, THANK, THANK YOU. YEAH ONE THAT CONSENSUS ASKED FOR IN THAT REGARD THIS THIS HAS JUST BEEN PUT IN HERE. STORY. I JUST ASKED HIM TO BRING YOURSELF BACK. YEAH. I GUESS I MISUNDERSTOOD WHAT COUNCIL WANTED. I WALKED AWAY THINKING THAT THE COUNCIL WANTED ME TO BRING SOMETHING BACK AND INCLUDE ALL CITY EMPLOYEES. YEAH. AND THEN I UNDERSTOOD COUNCIL. OH, TO DIRECT ME. THANK PUBLIC SAFETY A LITTLE MORE THAN PERHAPS I MISUNDERSTOOD THAT PIECE OF IT. I'M SAYING NOT LOOKING. I REMEMBER THAT. LET'S DO IT. WE DIDN'T DO IT MOUTH. THIS IS COMING BACK WITH YOUR AMOUNT BECAUSE HE WAS ACROSS THE BOARD , EVEN AMONG BUT IF COUNSEL. YES OKAY WITH THIS, I CAN CERTAINLY ADJUSTED. YOU LET ME KNOW HOW PEOPLE LIKE ME TO JUSTIN AND WE CAN GET THAT. SO I GUESS.

CONSENSUS, IS IT. THAT WE WANTED TO APPLY TO EVERYONE WITHOUT DIFFERENTIATION IN TERMS OF WORK ENVIRONMENT. SO THAT WOULD MEAN WE WANT TO GIVE IT TO ALL EMPLOYEES OFF 234 FULL TIME EMPLOYEES. AT WHAT AMOUNT? WE DON'T KNOW. WITH NO DIFFERENTIATION, BUT I GUESS THAT WOULD BE A DECISION LOOKING AT THE BUDGET IN COMING BACK TO US WITH ANOTHER NUMBER, WHETHER IT'S 25 15 WHATEVER THAT NUMBER IS THIS BECAUSE WE DIDN'T TALK ABOUT NUMBERS WE DIDN'T TALK ABOUT TALKING ABOUT JOHN CAN WORK ON THAT PIECE TO TERMS OF BUDGET COME BACK TO US WITH THE NEW NUMBER APPLYING TO ALL 200 STRAIGHT FOR EMPLOYEES WITHOUT DIFFERENT TERMS. KEEPING IN MIND THAT THE EMPLOYEES IF I'M NOT MISTAKEN IN THE YEARS TIME WE'LL SEE WILL RECEIVE RECEIVED A 4% INCREASE, RIGHT? VERY INCREASING . JANUARY 1ST. THAT THEY'LL GET THIS ONE TIME. SO WHAT DOES THAT COME OUT TO? AS A PERCENTAGE OF WHAT THEY WERE CALLING FOR AN INCREASE IN THE YEAR? SO AS OF JANUARY, 1ST GENERAL EMPLOYEES WILL GET INTO PERCENT. THE FIRE AND POLICE WILL BE UPDATED BASED ON THE NEW PAY PLAN WITH THE RANGERS. IT'S 10% THEY GOT 2% OF THE BEGINNING OF THIS YEAR. IT WAS VERY DEPENDING ON AGAIN BECAUSE WE DID A COMPENSATION PLAN ADJUSTMENTS SO NOT EVERYONE RECEIVED SOMETHING FROM A GENERAL POINT STANDPOINT, IS DEPENDING ON YOU KNOW WHERE THEY ARE READY, FELL WITHIN THE RANGE . WHEN WE MOVED A LOT OF THAT, NOT EVERYONE RECEIVED SOMETHING . SO UM, SOME SOME RECEIVED SOME SOMETHING SO QUITE FOR GENERAL EMPLOYEES WHOSE EVERYONE RECEIVED 2. JANUARY 1ST POLICE AND FIRE FORCE RECEIVED BOMB WITH ADJUSTMENT ON YOUR PAY PLAN AND WILL RECEIVE A BUMP AGAIN. THANK YOU. OH, MR. BROWN NEVER QUESTIONED. WE TALKED ABOUT THIS DELAY. I KNOW YOU WERE GOING TO SEE, WE ASKED YOU TO HAVE A DISCUSSION WITH FIRE TO SEE WHAT EFFECT OR WITH ALL OUR EMPLOYEES TO SEE WHAT EFFECT THAT THEY WOULD HAVE TO WORK. HAPPENED.

CLOSURE ON IT DIDN'T GET THERE. CERTAINLY DO THAT. REMEMBER THAT WE WERE CONCERNED ABOUT WANTING TO DO SOMETHING FOR OUR PEOPLE. PARTICULARLY PLEASED AND FIRED TO THE 75 1 WAY WE SET THAT ASIDE. CATEGORY OF 100% CREDIT SERVICE CREDITS DID AGREE ON THE 30% COLD HEART AND THEN. KNOWING THAT YOU'RE GOING TO HAVE TO DELAY THAT PHASE TWO. IN ORDER TO DO THAT THERE WAS SOMETHING DISCUSSION. I THOUGHT COMMUNICATION ON YOUR PART TO LET PEOPLE KNOW. THIS IS WHY WE'RE DOING WHAT WE'RE DOING. AND YOU KNOW HOW ITS INTERIOR KIDS REALLY GOOD. I AGREE WITH THAT STATEMENT, BUT IT WAS MORE OR LESS THAT WE COULD AFFORD TO DO THIS RIGHT NOW IN THE HOPES

[01:05:07]

THAT WE COULD DO THE OTHER HALF AT THE BEGINNING OF NEXT YEAR AT THE AT THE BUDGET WOULD BE EVERY ONE OF THEM TO UNDERSTAND WHY WE'RE DOING WHAT WE'RE DOING. WE WANT TO DO SOMETHING. STICK WITH US, BUT THIS IS WHERE WE GOT TO KIND OF LIKE MOUTH BUT WE WERE SAYING THEY'RE ASKING UM, HAPPY.

NO, THEY WANT TO DO SOMETHING. WELL AS SOON AS POSSIBLE. AND I THINK THAT DELAY WAS ONE OF THE PIECES HAD AFFECTED THEY NEEDED TO UNDERSTAND. OKAY? ALRIGHT AH, ANY OTHER QUESTIONS ON THIS? ALL RIGHT. TIMESTAMP 706. AND CITY COUNCIL MEMBERS OF YOU PLEASE STOP. IF YOU NEED A QUICK STOP WHATEVER ALRIGHT, POSSIBLE. HOW ARE YOU? ALL RIGHT. GOOD EVENING, LADIES

[CALL TO ORDER ]

AND GENTLEMEN. FERGIE CONVENING OUR CITY COUNCIL MEETING FOR SEPTEMBER. 5TH 2023 THE OFFICIAL TIMESTAMP IS 7 18. PM WELCOME. AND IN ACCORDANCE WITH OUR CURRENT. RULES OF ORDER THAT WE HAVE. WE ARE DOING OUR VERY BEST TO BOTH BROADCAST AND RECORD TONIGHT. AND WE ARE STRONG CONFIDENCE THAT ALL OF THE TECHNOLOGY ISSUES THAT WE HAVE FACED IN THE PAST HAVE BEEN RESOLVED. INDIVIDUALS ARE ON HAND TO MONITOR THAT CONTINUOUSLY TO ENSURE THAT WE DON'T HAVE ANY FURTHER PROBLEMS. IF WE DO, I WILL BE NOTIFIED FROM IT'S JUST IN THE ROOM CITY MANAGER AND WE WILL MAKE SOME DECISIONS THAT CONTINUATION OR HOW WE'RE GOING TO OPERATE. IF WE HAVE ANY PROBLEMS WITH TECHNOLOGY WITH THIS PARTICULAR MEETING, OKAY, THANK YOU. UH IF YOU PLEASE RISE, WE HAVE OUR INVOCATION. PASTOR HARDY GUERRERO. OKAY ALL RIGHT, SO WE HAVE A SUBSTITUTE FOR PASTOR GUERRERO. BETTER BILL. IS THAT CORRECT? YES PASTOR MARIBEL, MARIBEL. JOYCE JOYCE. MARIBEL. OKAY. THANK YOU. INDICATION, PLEASE. YES. FATHER GOD. WE CAN'T BEFORE YOU. OFFERING OUR THANKS FOR BRINGING US TOGETHER SAFELY. AND AS WE PREPARE FOR THIS MEETING, WE ACCEPT YOU WOULD BE WITH US. MAY I THOUGHTS BE LED BY YOU AND OUR CONVERSATIONS BE INSPIRED BY YOU. I ASK THAT YOU WOULD HELP US TO FUNCTION NOT AS INDIVIDUALS BUT AS A TEAM. WORKING TOWARDS A COMMON GOAL. PLEASE GRANT US YOUR DIRECTION AS WE ADDRESS EACH AGENDA ITEM. WE SEEK YOUR COUNSEL AND YOUR WISDOM. AND ACTS THAT YOU WOULD SHOW US THE WAY. IN OUR DECISION MAKING. I ASK THAT YOU GRANT US YOUR PIECE AND THAT YOUR WILL BE DONE. WE ASK THAT YOU WOULD HELP US TO DO ALL THINGS FOR YOUR GLORY. MAY WE REMEMBER THAT WE REPRESENT YOU? HELP US TO DISPLAY YOU AS WE SERVE THE PEOPLE OF THIS GREAT CITY. AND MAY YOUR BLESSINGS BE UPON EACH COUNCIL PERSON THIS EVENING. IN JESUS' NAME. WE PRAY AMEN.

PLEASE JOIN ME IN PLEDGES TO OUR FLAGS. TO THE FLAT.

THANK YOU. PLEASE APPRECIATE IT.

OKAY MOVING ON TO ITEM NUMBER ONE ON OUR AGENDA. REPORTS FIRST ITEM ON ONE A IS THE MAYOR'S

[1.A. Mayor's Report. ]

REPORT. JUST HAVE TWO QUICK THINGS. FIRST OF ALL, I WANT TO GIVE ACCOMMODATION TO OUR PUBLIC WORKS STAFF. AH! SOME OF US EXPERIENCED SOME WIND AND SOME RAIN. A COUPLE OF DAYS AGO, AND SOME OF THOSE WINDS WERE STRONG ENOUGH TO I ACTUALLY HAVE SOME. WE HAVE SOME DAMAGE AROUND OUR CITY AND REPORTED TO ME BY A CITIZEN, AND IT WAS ON LABOR DAY. AND I WANT TO COMMEND OUR

[01:10:03]

PUBLIC WORKS STAFF INTERIM CITY MANAGER BROWN AND INDIVIDUALS WHO HAD TO RESPOND TO THAT FOR DOING SO WE HAVE A VERY APPRECIATIVE CITIZEN, KNOWING THAT WE HAVE TO. WE DO COVER OUR CITY ON THE 24 7 BASIS, AND THE INDIVIDUAL DID UNDERSTAND IT WAS HOLIDAY AND WANTED TO KNOW. YOU KNOW, JUST WHAT COULD BE DONE. IT WAS TAKEN CARE OF. AND COMMENDATIONS TO OUR PUBLIC WORKS STAFF AND EVERYBODY INVOLVED IN THAT. AND TAKING CARE OF IT. SO THANK YOU VERY

[1.B. Councilmembers' Reports]

MUCH. AND WITH THAT, THAT CONCLUDES MY MAYOR'S REPORT. I'LL TURN TO ANY COUNCIL MEMBERS AND THE COUNCIL MEMBERS REPORTS. MR COONS. THANK YOU, MAYOR. I JUST WANTED TO, UH, THANK EVERYONE WHO PARTICIPATED IN THE BIO BLITZ AT THE LAB PROPERTY LAST FRIDAY, AND SAM KIESCHNICK WHO'S THE URBAN, UH. UH WILDLIFE PROFESSIONAL WHO HOST THOSE EVENTS. HE SENT ME A JUST A BRIEF REPORT ON THE EVENT ITSELF. AND SO YOU KNOW, HE SAID. FIRST OF ALL, THERE WERE PEOPLE FROM ARLINGTON FORT WORTH , DENTON, MIDLOTHIAN, CEDARVILLE. IN DALLAS, AND HE SAID FROM OTHER PLACES AND SO ATTRACTED A LOT OF PEOPLE FROM, UH THE AREA AND BEYOND. AND HE SAID THEY DOCUMENTED OVER 200 SPECIES LAST FRIDAY. AND UH, SEVERAL OF THOSE WERE NEW SPECIES THAT WERE FOUND ON THE PROPERTY, YOU KNOW, SPECIES THAT HADN'T BEEN DOCUMENTED BEFORE.

AND HE SAYS IT BRINGS THE TOTAL OF DOCUMENTED SPECIES TO OVER 1100 AT THE LAB PROPERTY, HE SAID IN COMPARISON AT DOGWOOD CANYON AND CEDAR HILL THEY'VE DOCUMENTED ABOUT 1100 AT CEDAR RIDGE PRESERVED THEY DOCUMENTED ABOUT 1300 SPECIES, WHICH, UH, THAT'S A COUPLE OF 100 ACRES COMPARED TO THE 42 ACRES AT THE LAB PROPERTY, SO THAT JUST KIND OF SHOWS THE AMOUNT OF BIODIVERSITY THAT WE HAVE THERE SO THANKS AGAIN TO EVERYBODY THAT PARTICIPATED AND HE SAID, THERE'LL BE ANOTHER BIO BLITZ IN THE FALL, SO WE'LL BE LOOKING OUT FOR THE DATE FOR THAT. THANK YOU AND MAYOR THANK YOU FOR GOING AND I WAS A LITTLE DISAPPOINTED THAT YOU DIDN'T GRAB ONE OF THOSE SCREAMING CICADAS SO YOU KNOW? THAT'S NOT IN MY PORTFOLIO. MR COUNTS.

THANK YOU. ACTUALLY YOU KNOW, I WAS I DON'T KNOW WHO THOSE KIDS WERE. ONE OF THEM WAS YOURS, I THINK, BUT YEAH, AND SAM PICKED UP ONE OF THOSE CICADAS AND HELD IT AND TURNED IT OVER TO SOME CHILDREN, AND THEY JUST STUDIED THAT THING. AND IT WAS, UH, NOT SOMETHING I FELT LIKE DOING, BUT THAT NIGHT. THAT'S THAT'S FINE. YEAH. THANK YOU. MR COLLINS. MR CONTRERAS. THANK YOU, MAYOR. I JUST WANT TO THANK UM BART STEVENSON AND HIS STAFF, MANY STAFF MEMBERS AND, UH GUS GARCIA FOR HIS ASSISTANCE, ALONG WITH THE POLICE DEPARTMENT AND CLEARING UP COMPLICATED HOMELESS ISSUE THAT WE HAD IN DISTRICT FIVE. AN ORIOLE AND I 20 I'M DOWN ON THE HIGHWAY. IT WAS BROUGHT TO MY ATTENTION THAT THE AMOUNT OF TRASH AND DEBRIS THAT WAS BEING GENERATED UP UNDER THAT BRIDGE. FROM THE HOMELESS WAS JUST AN EMBARRASSMENT. TO BE HONEST WITH YOU. IT WAS ONE OF THE WORST EXAMPLES I'VE SEEN, AND I'VE BEEN IN THIS BUSINESS FOR A LONG TIME. THEY RESPONDED QUICKLY. THEY CLEANED IT UP. THERE ARE CERTAIN PRECAUTIONS THAT YOU HAVE TO TAKE WITH THE HOMELESS WHEN YOU'RE ESPECIALLY THAT WAS A VERY HOT DAY. YOU DON'T WANT TO GET THEM OUT WHERE THEY'RE GOING TO GET HURT OR SICK. SO THEY HANDLED THAT WELL. AND IT DIDN'T TAKE HIM LONG TO FOR A FEW OF THEM TO GO BACK UNDER THE BRIDGE, SO THE PROBLEM HASN'T BEEN RESOLVED. BUT THE QUICK RESPONSE TO A NEED THAT ASSURES US THAT PEOPLE AREN'T DRIVING THROUGH DUNCANVILLE THINKING WHAT A MESS AND IT WAS BAD. THAT'S THE WORST I'VE SEEN AS I SAID BEFORE, SO I WANT TO THANK THEM FOR THAT QUICK RESPONSE AND WE'RE GOING TO BE MEETING CITY MANAGER. UM I'VE ASKED THIS CITY ATTORNEY TO MEET BY MY PHONE CONFERENCE, ALONG WITH BART AND GUS AND SOME OTHER STAFF. TO TALK, NOT JUST ABOUT THAT SITUATION, BUT AS YOU KNOW, OUR HOMELESS SITUATION. UM HAS GOTTEN IT'S GOTTEN BAD. UM REMEMBER, 20 YEARS AGO WHEN I WAS BUILDING OFFICIAL AND I HAD TO GO FIND A LOT OF THESE PLACES WE KNEW WERE TWO OR THREE OF THEM WERE BECAUSE THAT'S ALL THERE WERE. NOW THEY'RE EVERYWHERE. BUT WHEN THEY GATHER TOGETHER OUR MAIN ENTRYWAYS UH, COCKREL HILL AND I 20 WHICH HAS BEEN RENOVATED, AND IT'S GOING TO BE REALLY PRETTY WHEN IT'S DONE. AND OF COURSE, THIS THIS LATEST ONE AT ORIOLE. UM IT'S JUST IMPORTANT THAT WE MEET. WE TALK. WE FIND A HUMANE WAY TO DEAL WITH THE SITUATION. UM AND CONTINUE TO ADDRESS IT, SO IT DOESN'T BECOME. A NORMAL BLIGHT DUNCANVILLE, SO I APPRECIATE THE STEPS AND INTERIM CITY MANAGER BROWN FOR UM, ALLOWING THEM TO GO OUT AND DO THEIR JOB THAT THEY DID THIS PAST WEEK. THANK

[01:15:07]

YOU. THANK YOU, MR CONTRERAS. SAYING NO FURTHER TO THE COUNCIL MEMBERS REPORTS. MR CITY MANAGER

[1.C. City Manager's Report. ]

YOU REPORT, SIR. THANK YOU, MAYOR. UM. COUNCIL. THANK YOU FOR THIS OPPORTUNITY TO UPDATE YOU ON A FEW ITEMS THAT HAVE TAKEN PLACE WITHIN OUR CITY. LAST WEEK, THE DUNCANVILLE POLICE DEPARTMENT KICKED OFF ITS 67TH CITIZENS POLICE ACADEMY. AND LADIES AND GENTLEMEN, THIS IS AN OPPORTUNITY FOR US TO WORK CLOSELY WITH OUR CITIZENS. IT'S AN OPPORTUNITY FOR CITIZENS TO LEARN THE INNER WORKINGS OF OUR POLICE DEPARTMENT. IT'S VERY IMPORTANT THAT OUR POLICE DEPARTMENT HAVE WHAT WE REFER TO IS NON ENFORCEMENT CONTACTS. IT JUST MAKES FOR A BETTER PARTNERSHIP WITH WITHIN OUR COMMUNITY, SO I'M REALLY PROUD OF THIS PROGRAM. UM THE CITY FIRE MARSHAL'S OFFICE COMPLETED ITS TICO AUDIT AND TEA COLA IS AN ACRONYM FOR TEXAS COMMISSION ON LAW ENFORCEMENT. EDUCATION AND THEY PASSED WITHOUT ANY DEFICIENCIES. AND SO WE'RE VERY PROUD OF THAT. AND THEN FINALLY, THE DUNCANVILLE POLICE DEPARTMENT WILL HOST THE FENTANYL TOWEL HALL ON SEPTEMBER THE 21ST THAT VILLAGE TECH. AND IF YOU'RE MONITORING THE NEWS, YOU KNOW HOW DANGEROUS THIS IS. AND SO THIS IS OUR CITIES OPPORTUNITY TO GET INVOLVED.

IT'S VERY IMPORTANT THAT WE GET INVOLVED AND TRY TO SAVE LIVES, AND THAT'S EXACTLY WHAT WE INTEND TO DO. AND SO OUR COUNCIL , OUR POLICE DEPARTMENT, AS WELL AS OTHER MEMBERS OF THE COMMUNITY WERE INVOLVED AND TRYING TO HELP CONTROL THIS DANGEROUS SUBSTANCE. THAT'S ON THANK YOU, MR BROWN. MOVING ON TO I REMEMBER TO PROCLAMATIONS AND PRESENTATIONS ITEM TO A

[2.A. Recognition of Keep Duncanville Beautiful Fall 2023 Curb Appeal Residential Properties.]

RECOGNITION OF KEEP DUNCANVILLE BEAUTIFUL FALL. 2023 CURB APPEAL RESIDENTIAL PROPERTIES PRESIDENT THIS IS MR TYLER EIJI. MR. A G FLOOR IS YOURS, SIR. THANK YOU, MAYOR AND COUNCIL IS WITH GREAT PLEASURE THAT WE RECOGNIZE THESE CITIZENS THAT HAVE EXEMPLIFIED THE MISSION OF THE KEEP. THAT CAN BE A BEAUTIFUL BOARD BY TAKING THE INITIATIVE OF BEAUTIFYING THE CITY OF MECCA VILLE, STARTING WITH THEIR OWN FRONT DOORS. FROM DISTRICT ONE. WE HAVE JANELLE ELLIS HAND. AT 935 SPRINGWOOD LANE. FROM DISTRICT TWO. WE HAVE ROSARIO EMMA ACOSTA. AT 358 BLOSSOM DRIVE. FROM DISTRICT THREE. WE HAVE MARIA S A KENYA. 4 50 EAST MAGNOLIA LANE. DISTRICT FOUR WILLIAM POP, UM 16 10 SPARTA DRIVE. AND DISTRICT FIVE. WE HAVE CALLEN, CANDELARIA PEREZ 5 11 SUMMIT RIDGE DRIVE. AT THIS TIME, IF ANY OF THE COMMUNITY MEMBERS THAT BELONG TO THESE DISTRICTS ARE HOMES COULD COME UP TO THE FRONT FOR A BRIEF PHOTO OP. THING NINE. THAT'S GOING TO CONCLUDE MY PRESENTATION. THANK YOU. MOVING ON TITLE NUMBER TO BE

[2.B. Presentation of the Keep Duncanville Beautiful Fall 2023 Business Beautification Award Plaque and Proclamation to Cox Farms Market -Duncanville located at 1026 S. Main St.]

PRESENTATION OF THE KEEP DUNK OF A BEAUTIFUL FALL, 2023 BUSINESS BEAUTIFICATION AWARD PLAQUE AND PROCLAMATION TO TAX FARMERS MARKET DOCTOR VILLA LOCATED AT 10 26 SOUTH MAIN STREET. UM, MR . GREAT CONTRERAS SEE COUNCIL MEMBER FROM DISTRICT FIVE WILL MAKE THAT APPROXIMATION PRESENTATION. AND MR EIJI ANYBODY HERE FROM COX FARMS TO RECEIVE PLEASE COME UP.

WERE ASKED THE CITY OF DUNCANVILLE IS COMMITTED TO IMPROVING THE PHYSICAL QUALITY.

OF COMMUNITY OF LIFE. AND WHEREAS THE KEEP DUNCANVILLE BEAUTIFUL BOARD HAS ESTABLISHED WAS ESTABLISHED TO PROMOTE THIS COMMITMENT, AND WHEREAS THE MISSION OF THE KEY BUNKERVILLE BOARD IS TO EMPOWER DUNCANVILLE CITIZENS AND BUSINESSES TO TAKE RESPONSIBILITY FOR ENHANCING THEIR COMMUNITY. ENVIRONMENT AND WHEREAS EACH QUARTER TO KEEP DUNCANVILLE BEAUTIFUL BOARD RECOGNIZES ONE COMMERCIAL PROPERTY WITHIN THE CITY FOR SIGNIFICANT IMPROVEMENTS TO THEIR EXTERIOR PORTION. UH, THE PROPERTY LANDSCAPE IMPROVEMENTS AND OR LONG TERM MAINTENANCE OF THE PROPERTY THAT EXEMPLIFIES HIGH QUALITY STANDARDS. AND WHEREAS COX FORMS MARKET DUNCANVILLE, LOCATED AT 2010 26 . SOUTH MAIN STREET, HAS BEEN SELECTED AS A BUSINESS BEAUTIFICATION AWARD RECIPIENT FOR FALL 2023. NOW ON BEHALF OF VERY L. GORDON, MAYOR OF THE

[01:20:04]

CITY OF DUNCANVILLE. I HEAR I HEREBY URGE ALL RESIDENTS TO JOIN ME IN CONGRATULATING COX FARMS MARKET. DUNCAN GO LOCATED 10 26 SOUTH MAIN STREET. AND COMMENDING. THIS BUSINESS FOR CONTRIBUTING TO THE BEAUTIFICATION OF OUR CITY. BEFORE I PRESENT THIS. I HAVE TO TELL YOU THAT MANY YEARS AGO WHEN MARK COX FIRST CAME TO TOWN. I WAS A BUILDING INSPECTOR. AND I REMEMBER GOING TO THE OLD JOE'S CARPET LOCATION AT THE CORNER OF CEDAR STREET.

AND A LITTLE BIT DOWN FROM WHERE HE'S AT NOW. I WATCHED HIM HAND BUILD EVERYTHING IN THERE. THE REFRIGERATOR UNITS, UM TOLD ME FROM WEST TEXAS HAD EXPERIENCE IN THE FARMING. AND I REMEMBER THINKING, BOY, I HOPE THIS KID MAKES IT WHEN I LOOK AT HIM NOW WHAT DID HE MAKE IT? SO I WISH HE WAS HERE TODAY. WE'VE BEEN GOOD FRIENDS OVER THE YEARS AND I CONGRATULATE HIM FOR GETTING THIS PROCLAMATION.

[3. CITIZENS' INPUT]

THANK YOU A COUPLE OF ITEMS OF HOUSEKEEPING BEFORE WE GET INTO IT. REMEMBER THREE CITIZENS INPUT THE MANNER IN WHICH WE CONDUCT THIS IS WE DO TAKE CITIZENS COMMENTS CARDS PRIOR TO THE CITY COUNCIL MEETING. I HAVE SEVERAL HERE IN FRONT OF ME. IF ANY COMMENT CARDS HAVE BEEN SUBMITTED IN RELATION TO AN ITEM THAT'S ON THE AGENDA AS A HEARING. AS A HEARING. I WILL THEN CALL THOSE INDIVIDUALS FORWARD DURING THE HEARING PORTION OF THAT PARTICULAR ITEM ON THE AGENDA. SO IT WOULD BE PREPARED FOR THAT. I WILL TAKE CARE OF THAT THE OTHER INDIVIDUALS HAVE SUBMITTED CARDS THAT WANT TO SPEAK. SOME OF THOSE INDIVIDUALS HAVE INDICATED IN ITEM ON THE AGENDA, WHICH IS NOT HEARING AND THEY WILL BE CALLED FORWARD TO SPEAK AT THIS PARTICULAR POINT IN TIME AS CITIZENS INPUT IN PERSONAL CITIZEN COMMENTS WILL BE HEARD DURING THE REGULAR SESSION IN KEEPING WITH THE CITY COUNCIL RULES OF PROCEDURE. ADOPTED OCTOBER 18TH OF 2022 ELECTRONIC MAIL COMPANIES WILL NO LONGER BE YOU READ ALOUD. PAPER COPIES WILL BE PROVIDED TO THE CITY COUNCIL AT THE DAIS. THE COMMENTS WERE MADE PART OF THE PUBLIC RECORD. PURSUANT TO SECTION 5 51.007 OF THE TEXAS GOVERNMENT CODE. ANY MEMBER OF THE PUBLIC HAS THE OPPORTUNITY TO ADJUST THE CITY COUNCIL CONCERNING ANY MATTER OF PUBLIC BUSINESS OR ANY POSTED AGENDA ITEM. HOWEVER THE ACT PROHIBITS THE CITY COUNCIL FROM DELIBERATING ANY ISSUES NOT ON THE PUBLIC AGENDA, AND SUCH NON AGENDA INDUCED, MAYBE REFERRED TO CITY STAFF FOR RESEARCH AND THEN IF FUTURE ACTION ALL PERSONS ADDRESSING IS SUBJECT TO COUNCIL ADOPTED RULES AND LIMITATIONS PERMITTED BY LAW. AT THIS TIME, TWO MINUTE COMMENTS WILL BE TAKEN FROM THE AUDIENCE AND NAMED TOPIC AND I DO HAVE SOME CITIZEN COMMENT CARDS AS I STATED HERE. SO THE FIRST ONE I HAVE IS FOR I THINK IT'S MICHAELA JONES. AND I'LL INDIVIDUALS COMING FORWARD. PLEASE PRESENT YOUR NAME AND ADDRESS FOR THE RECORD. THANK YOU. HELLO I'M MICHAELA JONES, OWNER OF JONESING CUSTOMER EMBROIDERY AT 20 SIGNALED NORTH MAIN STREET. UM, JUST COMING TO SAY THANK YOU TO THE CITY AND THE ECONOMIC DEVELOPMENT DEPARTMENT FOR INVESTING IN JONES INC WITH OUR BEAUTIFUL NEW SIGN LED SIGN. WE'RE RIGHT ACROSS FROM THE FEET STORES, SOLDIERS. WHEN YOU STOP BY OR DRIVE THROUGH TO STOP BY, BUT THANK YOU FOR INVESTING IN NOT ONLY JONESING BUT HAPPINESS TO HELP KEEP MAIN STREET.

BEAUTIFUL. THANK YOU. THANK YOU. EMILY BRIDGES. HELLO MY BRIDGES ASSOCIATED WITH THE HEARING. NO.

EMILY BRIDGES 418 OLEANDER 75137 . I JUST WANTED TO COUNCIL PERSONALITY STOLE MY THUNDER, BUT I WANTED TO SAY THANK YOU TO COMING TO THE BIO BLITZ TO THOSE THAT I KNOW I CAN'T ADDRESS YOU, BUT THOSE THAT CAME OUT AND I ALSO WANTED TO SAY THANK YOU TO THE EMPLOYEES THAT DO THE BUDGET. I DO NOT ENVY THEM AT ALL. SO THANK YOU VERY MUCH FOR THAT. AND THERE IS A CLEANUP HAPPENING AT LAD ON SATURDAY AT 8 A.M. WHEN A VOLUNTEER REACHED OUT TO THE DNC TO DO IT, SHE LIVES CLOSE THERE, AND SHE WOULD LIKE EVERYONE TO COME AND HELP US. KEEP IT BEAUTIFUL. THANK YOU. THANK YOU. SHANNON ROBERTS. CHAIN AND ROBERTS 906 ROCK CANYON. I WANTED TO, UM, GIVE MY SUPPORT TO THE RESTORATION OF THE TREES FOR THE AT THE, UM AT THE NEW FIRE STATION. SO UM, I

[01:25:03]

THINK WE HAVE THE TREE CITY SIGN THAT'S OUT THERE, AND I KNOW THERE'S A COMMITMENT TO REPLACE THOSE TREES. SO IF THEY CAN'T HAPPEN IN THAT LOCATION, I HOPE THERE'S A COMMITMENT TO REPLACE THOSE TREES IN AN ALTERNATIVE LOCATION. AND THEN I THINK THE FIRE STATION WOULD ALSO BE A PERFECT OPPORTUNITY FOR US TO SHOW OFF THE NATIVE LANDSCAPING THAT WE'VE BEEN TALKING ABOUT.

BECAUSE ONE THING THAT I DO HOPE HAPPENS IS IT'S IN A PRIME LOCATION THERE ON ON CAMP WISDOM , AND I'D LIKE TO SEE THAT SOFT SCAPE AND MAYBE SOME OF THE NATIVE LANDSCAPING TO MAKE IT REALLY NICE. WE'RE GOING TO HAVE THE FIRE PERSONNEL THAT LIVES THERE. UM SO IT SEEMS TO BE A WIN WIN, SO I HOPE THAT THE TREES WILL BE REPLACED. AND, UM , THAT CAN STILL LOOK AND HAVE SOME NICE LANDSCAPING. THANK YOU. THANK YOU. MONTE ANDERSON. IT'S FOR AN ITEM, AND IT'S NOT A HEARING ITEM. SO YOU MAY COME FORWARD AND SPEAK NOW ON THE ITEM.

AS I STATED, MR ANDERSON. THOSE ITEMS ARE NOT A PUBLIC HEARING IN AN UNDERCARD, UM. YOU REFERENCED THE I SEE WHAT YOU'RE DOING YOUR REFERENCE, SEE A DIFFERENT ITEM NUMBER THAN WHAT WE HAVE ON THE AGENDA. BUT EVEN SO, THAT IS THOSE TWO ITEMS ARE NOT PUBLIC HEARINGS. AND SO YOU MAY COME FORWARD NOW AND HAVE TWO MINUTES TO SPEAK WITH WHAT YOU WOULD LIKE TO SAY ON THOSE TWO PIGS ITEMS, BUT SINCE IT IS NOT A PUBLIC HEARING, I DO NOT CALL THE INDIVIDUALS FORWARD UNTIL WE HAVE PUBLIC HEARINGS, WHICH WE HAVE TO. LET ME EXPLAIN IT ONE MORE TIME. ITEMS FOR INDIVIDUAL CONSIDERATION RIGHT THERE ITEMS FOR INDIVIDUAL CONSIDERATION. I CALLED INDIVIDUALS FORWARD TO SPEAK WHO HAVE SUBMITTED CARDS WHEN WE HAVE A PUBLIC HEARING. IF IT IS OUR AGENDA ITEM THAT SAYS IT IS A PUBLIC HEARING HAD TO FOR THOSE CITIZEN COMMENTS UNTIL WE HAVE THE PUBLIC HEARING AND THEN ASK HIM TO COME FORWARD SPEAK DURING THE PUBLIC HEARING TIME.

THE TWO ITEMS THAT YOU'RE REFERENCING ON THE AGENDA ARE ARE ITEMS THAT ARE NOT PUBLIC HEARINGS OR ITEMS FOR US TO CONSIDER. RESOLUTIONS COUNCIL SO YOU MAY HAVE TWO MINUTES TO SPEAK ON WHATEVER YOU WISH TO SPEAK, REALLY HAVE ANYTHING TO SAY, EXCEPT TO COMMENT ON THOSE REALLY HAVE ANYTHING TO SAY, EXCEPT I WOULD LIKE YOU TO TWO. MAKE US COMPETITIVE WITH OUR CODES AND IT'S AROUND. IT'S OUR OTHER CITIES. THAT'S ALL I REALLY HAVE TO SAY. ALRIGHT, PREPARED TO TALK ABOUT THAT IF I WAS NEEDED OKAY. I UNDERSTAND. THANK YOU, SIR. FOR THE RECORD.

MR ANDERSON'S ADDRESS, ACCORDING TO HIS CARD IS 111 EAST DAVIS, RIGHT? THANK YOU. CITY SECRETARY HAVE THAT, OKAY? I'M NOT SURE OF THE FIRST NAME AS IT'S WRITTEN WITH THE LAST NAME IS LONDON. IS IT LIKE KOLYA, LONDON. HELLO LACONIA. LONDON. 7 22. RAND AVENUE. I'M HERE. CONCERN AND PRETTY MUCH A COUPLE OF THINGS. YOU'LL HAVE A CBD SHOP RIGHT THERE BY KROGER.

HE'S NOT CALLING PEOPLE HE NEEDS TO CALL PEOPLE PEOPLE HAVE. I'VE BEEN IN HIS STORE AND I'M LOOKING AT HIM JUST GIVING PEOPLE STUFF. THAT'S NOT WHAT THE LAW STATES IF HE WANT TO HAVE THAT STORY IN OPERATION, HE NEEDS TO DO BETTER. HE HAS TO CALL IT PEOPLE. JUST LIKE THE ALCOHOL STORE. THEY GOT TO DO THE SAME THING. OKAY, ANOTHER THING. THE POLICE BEING CALLED ON THE YOUNG MAN, 21 YEAR OLD YOUNG MAN THAT GOT HIS SPINE BROKEN. THAT IS A PROBLEM BECAUSE WHY IS IT TURNED OVER TO THE TEXAS RANGER ALREADY? HOW DID THAT HAPPEN THAT FAST? WE KNOW WHAT THEY WILL DO. A MAN GOT SHOT IN HIS HOME IN DALLAS. AND THIS LADY GOT 10 YEARS, SO I DO KNOW THAT THEY WERE SWEEP STUFF UNDER THE RUG, AND THEN THEY'RE MAKING UP STUFF ON THE YOUNG MAN. HE'S 21 YEARS OLD. HE WAS JUST 100 SOME POUNDS. AND THEY BROKE HIS SPINE. HE'S PARALYZED RIGHT NOW IN A WHEELCHAIR. HE'S HURT. SO THE ISSUE IS I'M SICK OF THESE POLICE BEATING UP OUR YOUNG MEN. YOU GOT A 21 YEAR OLD CAN'T WALK NO MORE. BECAUSE THEY USED BAD JUDGMENT. AND YOU HAVE A CITIZEN THAT CALLED THE POLICE ON THIS YOUNG MAN, AND HE LIVED IN THAT NEIGHBORHOOD. HOW? HOW CRAZY IS THAT? SO I HAVE A PROBLEM WITH THAT. THAT THAT I HAVE, BOYS. I HAVE YOUNG MEN IN MY HOME THAT I HAVE PUT ON THIS EARTH. I REFUSED TO ALLOW YOU TO LET OUR

[01:30:07]

POLICE OFFICER STILL BE ON YOUR GROUNDS. WORKING. AND THEY NEED TO BE PROSECUTED. NOW WE NEED SOME SOME SOMETHING CHANGED. THEY GOTTA BE PROSECUTED FOR WHAT THEY HAVE DONE. YOU DON'T ALWAYS HAVE TO KILL SOMEONE BECAUSE HE'S KILLED HIS SOUL IS REALLY PRETTY PRETTY MUCH GONE RIGHT NOW BECAUSE HE'S IN A WHEELCHAIR WHEN HE USED TO WALK. KEY ANDRE, THIS IS MR GREEN.

SOME HAS TO BE DONE FOR MR GREEN . YOUR OFFICERS DO NOT SUPPORT A MATTER OF FACT, WE NEED TO TAKE THEIR LICENSE. THEY SHOULD NOT BE AN OFFICER NO MORE IN THE STATE OF TEXAS. THEY NEED TO MOVE SOMEWHERE. I DON'T CARE. THIS IS RIDICULOUS. AND THE LADY THAT MADE THE CALL. SHE NEEDS TO BE PROSECUTED. ALSO. YEAH. EXCUSE ME, LAUREL STONE. MORAL STONE.

KAREN THRASHER. ERIN THRASHER. TOM WHELAN. UM WHELAN. BY BATHS. YOU HAVE TWO MINUTES, SIR. MY NAME IS TOM WHITE LAND I REPRESENT MR ANDERSON HERE. ADDRESS FOR THE RECORD, PLEASE, SIR. 500 NORTH, ACCURATE STREET . IS HE BEING HEARD? WELL ENOUGH. THAT'S MIKE PICKED THE MIC UP. JUST A BIT, SIR. CAN YOU HEAR ME? YES. THANK YOU, SIR. I REPRESENT MR ANDERSON. HE IS A LOCAL PROPERTY OWNER WHO HAS BEEN AFFECTED BY THE UNCERTAINTY IN THE FIRE CODE AND IN THE BUILDING CODE. IN PARTICULAR, THE EXISTING CODE WAS MODIFIED IN 2017, AND IT CREATES UNCERTAINTY ABOUT THE CIRCUMSTANCES UNDER WHICH AN EXISTING BUILDING IS REQUIRED TO SPRINKLE. UH PUT IN SPRINKLER SYSTEMS WHEN A NEW TENANT. IS PUT IN PLACE EVEN THOUGH THE.

EVEN THOUGH THE AMOUNT OF RISK HAS NOT INCREASED. IT'S UNCERTAIN WHETHER OR IT'S NOT CLEAR UNDER THE CODE, WHETHER A SPRINKLER IS REQUIRED, AND WE'VE PROPOSED TO THE TALK TO CITY STAFF ABOUT CHANGING TWO PROVISIONS OF THE CODE WITH IDENTICAL LANGUAGE TO MAKE IT CLEAR UNDER WHAT CIRCUMSTANCES IT'S NECESSARY TO SPRINKLER, NEW BUILDING OR AN EXISTING BUILDING. THOSE CIRCUMSTANCES ARE WHEN YOU INCREASE THE SIZE OF THE BUILDING SPACE THAT THE ENTIRE BUILDING NEEDS TO BE SPRINKLED. BUT JUST WHEN ONE TENANT CHANGES OUT TO ANOTHER, AND THERE'S NOTHING ABOUT THE USE THAT INCREASES THE RISK OF FIRE OR SAFETY THAT IN THOSE CIRCUMSTANCES, THE THERE IS NO NECESSITY TO SPRINKLE THE BUILDING UNDER THE CURRENT SYSTEM. YOU DON'T KNOW WHEN YOU'RE GOING IN. THEY FIRE MARSHAL HAS SAID IN CERTAIN INSTANCES YOU DON'T HAVE TO SPRINKLE ANOTHER TENANT COMES IN . THERE'S NO DIFFERENTIAL AND USE OF RISK, HE SAYS. YOU HAVE TO SPRINKLE IT CREATES A MATERIALLY DIFFERENT ECONOMIC SITUATION FOR BOTH THE TENANT AND THE LANDLORD WHEN GOING IN. YOU DON'T KNOW IF YOU'RE GOING TO HAVE TO SPRINKLE THE BUILDING OR SPRINKLE THE SPACE IN ORDER TO GET A CIA. THANK YOU. THANK YOU. I JUST FOR INFORMATION ON THE CARDS FROM EMILY BRIDGES AND TERRY WEBB. I WILL TAKE THOSE INDIVIDUALS WHEN WE COME TO ITEM. FIVE C, WHICH DOES INDICATE ON THE AGENDA. IT IS A PUBLIC HEARING. THANK YOU. MOVING ON TO ITEM NUMBER FOUR ON

[4. CONSENT AGENDA]

[01:35:03]

THE AGENDA CONSENT AGENDA JUST FOR SOME INFORMATION FOR CITIZENS AND FOR STAFF AS WELL.

ITEM. FOUR B AS IN BRAVO. AND ITEM FOUR D. AS IN DAVID. HAVE BEEN REQUESTED TO BE MOVED TO ITEM OF INDIVIDUAL CONSIDERATION. WHICH WE WILL DO SO ITEM FIVE B AS IN BRAVO WILL BECOME FIVE H AS IN HOTEL FIVE AGES IN HOTEL. AND FIVE. I'M SORRY. FOUR. D. AS IN DAVID WILL BECOME ITEM FIVE. I FIVE I AS AN INDIA MOVED TO IRELAND FOR INDIVIDUAL CONSIDERATION. WITH THAT CITY SECRETARY. PLEASE READ THE CONSENT AGENDA WITH THOSE TWO ITEMS REMOVED. THANK YOU.

YES, SIR. CONSIDER THE MINISTER OF THE FOLLOWING CITY COUNCIL MEETINGS. AUGUST 1ST 2023 REGULAR MEETING. AUGUST 3RD 2023 SPECIAL CALLED MEETING AUGUST 7TH 2023 SPECIAL CALLED MEETING AUGUST 7TH AUGUST 8TH 2023 SPECIAL CALL MEETING AUGUST 10TH. SPECIAL MEANING BUDGET WORKSHOP. AUGUST 10TH SPECIAL MEETING AUGUST 15TH. REGULAR CITY COUNCIL MEETING. ITEM FOUR C. CONSIDER RESOLUTION APPROVING THE PROPOSAL FOR CITY PAID EMPLOYEES AND RETIREE MEDICAL AND PRESCRIPTION PLAN WITH BLUE CROSS BLUE SHIELD OF TEXAS FOR A ONE YEAR AGREEMENT. ITEM E CONSIDER RESIDUE SOLUTION RATIFYING THE CROSSING SURFACE INSTALLATION AGREEMENT BETWEEN BNSF RAIL RAILWAY COMPANY AND THE CITY OF DUNCANVILLE FOR THE INSTALLATION OF A PEDESTRIAN CROSSING AT WEST DAVIS STREET AND HEREBY APPROVED THE ADDITION THE ADDITIONAL 13,547 PAYMENT.

ITEM F CONSIDER A RESOLUTION APPROVING THE TERMS AND CONDITIONS OF THE PROFESSIONALS OF PROFESSIONAL SERVICE AGREEMENT. 23-0033. WITH DONALD WAY ASSOCIATES FOR THE DESIGN OF HARRINGTON PARK, WASTEWATER AREA REROUTE AND IMPROVEMENT WITH A CONTRACT AMOUNT OF $63,800 AND AN ADDITIONAL APPROPRIATION OF $12,760 AS. PROJECT CONTINGENCY FOR A TOTAL AMOUNT NOT TO EXCEED $76,560. ITEM G CONSIDER A RESOLUTION AUTHORIZING AN AMENDMENT. TO PROFESSIONAL SERVICES AGREEMENT. 23-0004 WITH DONALD, WHERE ASSOCIATES FOR ADDITIONAL PROFESSIONAL ENGINEERING SERVICES AS PART OF THE SOUTH WOULD DRIVE SANITARY, SEWER, AERIAL CROSSING REPAIR DESIGN PROJECT IN THE AMOUNT OF $14,450 NOT EXCEEDING THE TOTAL CONTRACT AMOUNT. OF $99,250.

ADAM H. CONSIDER A RESOLUTION APPROVING THE TERMS AND CONDITIONS OF AMENDMENT NUMBER ONE TO THE HOUSEHOLD HAZARDOUS WASTE. IN OUR LOCAL AGREEMENT BETWEEN DALLAS COUNTY AND THE CITY OF DUNCANVILLE, TEXAS, TO PROVIDE HOUSEHOLD HAZARDOUS WASTE SERVICES, INCLUDING A DISPOSAL BIN AND DISPOSAL SERVICES AT THE DALLAS COUNTY FIXED SIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION LOCATION FROM OCTOBER 1ST 2023 THROUGH SEPTEMBER 30TH 2024 AS PART OF THE DALLAS AREA HOUSEHOLD HAZARDOUS HAZARDOUS. WASTE NETWORK FOR COST NOT TO EXCEED 52 $3481. ITEM I CONSIDER A RESOLUTION RESOLUTION AUTHORIZING THE VEHICLE MAKE READY SERVICES WITH JUNIOR'S CUSTOM AUTO FOR THE UP FITTING OF THE POLICE SWAT VAN IN THE EXPENDITURE AMOUNT NOT TO EXCEED $45,000. ADAM J. CONSIDER A RESOLUTION APPROVING THE RENEWAL OF AN INNER LOCAL AGREEMENT BETWEEN CITY OF DUNCANVILLE AND DALLAS COUNTY HOSPITAL DISTRICT.

DOING BUSINESS AS PARKLAND, HEALTH AND HOSPITAL SERVICE TO PROVIDE BIOTECH BIOTECH L E. M S SERVICE SYSTEM SERVICES IN THE AMOUNT OF 138,670. FOR A TWO YEAR TERM. ITEM K. CONSIDER A RESOLUTION AUTHORIZING AN AMENDMENT TO CONTRACT 19-001 WITH THE EUNUCHS. L L L L C TO PROVIDE FOR ADDITIONAL FIBER FIBER INSTALLATION SERVICES IN THE AMOUNT NOT TO EXCEED $25,500

[01:40:02]

TO EXPAND THE TRAFFIC DIVISIONS INTELLIGENT TRAFFIC SYSTEM FIBER ARCTIC NETWORK FOR TOTAL CONTRACT AMOUNT NOT TO EXCEED 189,900. ITEM L CONSIDER A RESOLUTION AUTHORIZING THE APPROVAL FOR THE CONTINUE CONTINUATION AND EXPENDITURE FUNDS FOR MY CONDUCT OF THE ALARM GROUP TO PROVIDE ANNUAL GOVERNANCE AND LEADERSHIP, QUOTING COACHING TO THE CITY OF DUNCANVILLE, IN THE AMOUNT NOT TO EXCEED $25,000 FOR THE FOR THE FULL TERM OF THE AGREEMENT.

THANK YOU, CHAIRMAN ATTAIN A MOTION TO APPROVE. SO MOVED SECOND. WE HAVE A MOTION TO APPROVE MR COONS THE SECOND, BUT MR MCBURNETT COUNSELOR, PLEASE VOTE. UM. UNANIMOUSLY APPROVED CITY SECRETARY DO WE JUST THAT RED DOT UP THERE? IT'S JUST. DISREGARD OKAY. DISREGARD NEXT TO HER NAME. SO WE KNOW WHERE WE'RE GOING. ALL RIGHT, FINE. MOVING ON THE ITEMS. FIVE. ITEM FIVE. A TAKING THE NECESSARY ACTIONS OF THE EXECUTIVE SESSION. WE ARE MOVING ALL THREE EXECUTIVE SESSIONS TO THE VERY END OF OUR CITY COUNCIL MEETINGS SO WE WOULD COME BACK TO ITEM

[5.B. Appeal to the City Council for Permitting of Livestock at 1342 South Main Street.]

FIVE A AT THE VERY END OF OUR CITY COUNCIL MEETING. ITEM FIVE BE APPEALED TO THE CITY COUNCIL FOR PERMITTING OF LIVESTOCK AT 13 42 SOUTH MAIN STREET. POLICE CHIEF LIVNI WILL COME FORWARD TO PRESENT THAT BEFORE HE GETS STARTED. I WANT TO UM, MAKE A COMMENT. AND ALL CITY COUNCIL MEMBERS WERE PROVIDED WITH MY INFORMATION ON THIS RELATES TO HOUSE BILL 17 50, WHICH COLLOQUIALLY ALWAYS CALLED THE CHICKEN LAW, AND IT PERTAINS TO THE. MAINTENANCE OR THE HALVING OF LIVESTOCK WITHIN CITY LIMITS. HB 17 50. WHAT I PROVIDED WAS A COPY FROM THE TML OVERVIEW OF THIS PARTICULAR LAW THAT WENT INTO EFFECT WITH SEPTEMBER 1ST. AND MY COMMENT WAS THAT SEEING AS HOW WE ARE NOW APPROACHING THIS PARTICULAR ITEM AGAIN AS AN APPEAL. THERE IS THE POSSIBILITY THAT THE H B 17 50 HAS SOME IMPACT ON OUR DECISION. AND AS WE WORK AS A COUNCIL TONIGHT, SO THIS HAS BEEN PROVIDED TO MR HAGER CITY ATTORNEY. AND. AND UNDERSTANDING IN TERMS OF MY CONCERN FOR WHETHER WE SHOULD MOVE FORWARD WITH THIS ITEM OR TABLE IT AND VIEW OF HB 17 50 JUST PASSED IN THE IDEAS, LEGISLATIVE SESSION I WILL TURN TO MR HAGAR FOR HIS OPINION ON WHETHER WE HAVE THE ABILITY TO CONTINUE WITH THIS DISCUSSION IN VIEW OF HB 17 50 BEING IN EFFECT, MR HAGER IF YOU COULD ADVISE US ON THIS PLACE YEAH, THE STATUTE THAT WAS ENACTED, WHICH AMENDED THE STATE AGRICULTURAL CODE. SPECIFICALLY DOES DISCUSS UM. AGRICULTURAL OPERATIONS. I DON'T BELIEVE THAT'S WHAT WE HAVE BEFORE US. THERE DIDN'T APPEAR TO BE THAT THERE WAS ANY TESTIMONY OR EVIDENCE THAT IT WAS AN AGRICULTURAL OF OPERATION OTHER THAN GOATS WERE INVOLVED. WHICH WERE BEING USED FOR PETS OR DOMESTIC PURPOSES, NOT AGRICULTURAL OPERATION PURPOSES , SO I DON'T BELIEVE THE STATUTE APPLY. LIES UNDER THE CIRCUMSTANCE. UM. LOOKING AT THE T M L OVERVIEW THAT WAS PROVIDED. THEY HAVEN'T DEFINITION OF AN AGRICULTURAL OPERATION. AND ONE OF THEIR BULLETS IS RAISING OR KEEPING LIVESTOCK OR POULTRY, INCLUDING VETERINARY SERVICES, WHICH WOULD INCLUDE THE KEEPING OF GOATS. SO BASED ON THE T M L JUST KEEPING A GOAT STUDENTS SAY AGRICULTURAL OPERATIONS, SAYS THE DEFINITION OF AN AGRICULTURAL OPERATION BY LAW INCLUDES RAISING OR KEEPING LIVESTOCK OR POULTRY. SO I KNOW.

AND I WILL CONCLUDE WITH WHAT TML SAYS. TALK TO YOUR CITY ATTORNEY. WHICH WAS WHAT WE'RE DOING. IT WAS I'M DOING. I'M SEEKING YOUR ADVICE IS OUR CITY TURNING IN TERMS OF THE APPLICABILITY OF HB 17 50 THAT PARTICULAR BULLET IN THE TML OVERVIEW OF WHAT THEY INTERPRETED AS AN AGRICULTURAL OPERATION, WHICH INCLUDES KEEPING GOATS. SO THEREFORE, IF THE LAW OF HB 17 50 DOES APPLY UNDER THAT PARTICULAR. I'M WORKING. I'M LOOKING OH, SENSE IN OUR SEEMING TO TALKING ABOUT THIS STATUE. I'M NOT LOOKING AT WHAT TML SAYS THE STATUTES. I KNOW I'M GOING TO STATUTES ATTORNEY AND INSTEAD, SHE SAYS THAT AGRICULTURAL OPERATION INCLUDES THE FOLLOWING ACTIVITIES AND IT SAYS RAISING OR KEEPING OF LIVESTOCK OR POULTRY, INCLUDING VETERINARY SERVICES. DOESN'T SAY ANYTHING ABOUT GOATS DOESN'T SAY ANYTHING ABOUT HOGS. IT DOESN'T SAY IT JUST DEFINES LIVESTOCK. IN LIVESTOCK IS FURTHER DEFINED AS

[01:45:04]

A GOAT UNDER OUR ORDINANCE UNDER THEIR LAW. WELL, YOU CANNOT FOLLOW MY ADVICE. THAT'S FINE.

MY POINT IS IF WE APPLY THE LAW AS PAST THERE'S NO SENSE IN OUR DISCUSSING THIS APPEAL. THE APPEAL IS THEREFORE APPROVED AND THEY CAN GO AHEAD AND RAISE GOATS. THAT WE DON'T HAVE TO DISCUSS THIS APPEAL BECAUSE THIS LAW APPLIES AS IT IS. RIGHT? CORRECT. OKAY? AND THAT IS THE BOTTOM LINE IN TERMS OF WHAT OUR CITY ATTORNEY HAS JUST SAID HE DOES NOT BELIEVE THAT IT APPLIES THAT IN THE ASPECT OF WHAT I BROUGHT FORWARD THAN WE DO NEED TO DISCUSS THIS BECAUSE WHAT I WAS SAYING IS, IF THIS LAW DOES APPLY, THERE'S NO NEED TO DISCUSS THIS BECAUSE THE LAW ALREADY SAYS YOU CAN KEEP GOATS IN OUR CITY NO MATTER WHAT WE SAY IS, LOOK. LORD DOES, HOWEVER. WE NEED TO DISCUSS IT BASED ON THE ADVICE OF OUR CITY ATTORNEY HB 17 50 DOES NOT APPLY TO WHAT WE'RE LOOKING AT TODAY. SO CONTINUOUS CHIEF LOVING ME. WE DO HAVE TO DISCUSS THIS APPEAL. THANK YOU. THAT I CONFUSE EVERYBODY. PRETTY WELL. WELL, I KNOW WHAT I'M DOING.

OKAY, SO YEAH. THANK YOU, MAYOR AND COUNCIL, MR HAGAR. SO JUST KIND OF RECAP. UM THIS ER CURRENT RELEVANT ORDINANCE FOR THE DISCUSSION THIS EVENING. UM . IT MAKES IT UNLAWFUL FOR A PERSON TO KEEP LIVESTOCK 75 FT FROM ANOTHER'S PROPERTY WITHOUT THOSE THINGS TAKING PLACE SO RECEIVING APPROVAL FROM THE LOCAL HEALTH AUTHORITY, WHICH IN THIS CASE IS DEFINED AS THE CHIEF OF POLICE. UM THE APPLICANT MUST PROVIDE SATISFACTORY PROOF OF NON OBJECTION FROM PERSONS CONTROLLING. UM ALL PROPERTIES WITHIN 75 FT. OF THE APPLICANTS PROPERTY AND SO THAT THAT IS NOT MOST OF THEM. THAT IS ALL OF THEM. UM AND SO THEN THE APPLICANT MUST PAY A FEE. DETERMINED BY THE LOCAL HEALTH AUTHORITY. AND THEN IF THE SGP IS ALLOWED TO EXPIRES ONE YEAR FROM THE DATE OF ISSUANCE. SO THERE IS QUITE A HISTORY HERE, UM, AND WHICH IS KIND OF LEAD UP TO SEPTEMBER 1ST IF THAT WAS EVEN PART OF THE DISCUSSION. BUT THIS STARTED LONG AGO. AND THEN THERE'S THIS. THESE ARE JUST A FEW DATES. UH BUT THERE ARE MANY MORE DATES HAVE THE ANIMAL CONTROL OFFICER SUPERVISOR. HERE IF HE NEEDS TO TESTIFY. UM VERY UNUSUAL AS WE DISCUSSED THIS BEFORE. THIS IS A LEGISLATIVE BODY AND WERE BECAUSE OF THE ORDINANCE THAT IS IN PLACE AND THAT HAS BEEN IN PLACE FOR SOME TIME THIS LEGISLATIVE BODY HAS NOW BEEN ASKED TO TURN INTO MORE OF A JUDICIAL BODY AND DECIDING THIS APPEAL. SO JANUARY 16TH 22 OFFICER CHAMBERLAIN, A CEO, CHAMBERLAIN MET WITH MR REYES ABOUT KEEPING LIVESTOCK GOATS AT THE ADDRESS. 13 14 13 42 SOUTH MAIN STREET. MARCH 22ND 2022 A CEO, CHAMBERLAIN PROVIDED AN S U P APPLICATION FOR LIVESTOCK TO MR REYES, OCTOBER 4TH OF 22. A CEO CHAMBERLAIN VERBALLY APPROVED MR REYES SGP ON THE CONDITION OF HIM PAYING THE REQUIRED FEET. AS I COULD TELL PAYMENT WAS NEVER MADE. ALSO THE APPLICATION DOES NOT SPECIFY WAS NOT COMPLETED APPROPRIATELY. UM . AND THEN DECEMBER 20TH 22. IT CAME TO ME. AND UM, MY REASON FOR DENIAL. AMONG THOSE OTHER TWO THINGS WHERE THEY FAILED. THE APPLICATION FAILED TO DESCRIBE THE ANIMALS AND THEY FELT TO PROVIDE SATISFACTORY PROVED TO ME. OF NON OBJECTION FROM EITHER THE HOMEOWNERS OR THOSE OCCUPYING 13 31 HIGHLAND DRIVE. AND 1, 19 AUSTIN STONE DRIVE, AND I DO HAVE THAT ACTUAL DOCUMENT. HERE AVAILABLE IF ANYONE WANTS TO TAKE A LOOK AT THAT.

[01:50:29]

AS CHIEF LIVING. HE HAS STATED WHAT HE IS STATED AS ACCURATE IN TERMS OF WHAT I SEE ON THIS DOCUMENT. ANYONE ELSE WANT TO SEE THE DOCUMENT ITSELF.

YOU KNOW, THE COUNSELOR WAS TO LOOK AT IT. PLEASE PASS IT DOWN.

THANK YOU, CHIEF. CONTINUE THANK YOU. CONTINUING ON JANUARY 23RD 2023. THE FIRST LEVEL OF APPEAL OF MY DENIAL, UM BY THE ORDINANCE THAT IS CURRENTLY IN PLACE TOOK PLACE. UM AND THE CURRENT ORDINANCE DESCRIBES THAT FIRST LEVEL OF APPEAL GO TO A BOARD CONSISTING OF ASSISTANT CITY MANAGER OF THE FIRE CHIEF. AND THE POLICE CHIEF. UH, AT THAT APPEAL. GIVEN THAT I HAD ALREADY MADE A DECISION. I RECUSED MYSELF. THAT WAS AGAIN ONE OF THE PROBLEMS WITH THIS ORDINANCE. AS I SAW FEBRUARY 7TH 2023. AND THAT BOARD AGREED WITH MY DENIAL. FEBRUARY 7 2023, THE CITY COUNCIL INITIALLY CONSIDERED THE FINAL APPEAL, BUT TABLED AH, THAT APPEAL ON THAT EVENING. FEBRUARY TODAY. THIS APPEAL HAS BEEN DELAYED FINAL APPEAL. DUE TO CITY MANAGEMENT DECISION FOR VARIOUS REASONS. NOW, ONE OTHER THING THAT UM, THAT REALLY DIDN'T PLAY INTO MY DECISION. UM. BUT I UNDERSTAND IS A AN ISSUE. IS. AND I'LL JUST PUT THIS OUT THERE IF WE NEED TO CALL PUBLIC WORKS TO ADDRESS THIS, UM WE CAN DO THAT BECAUSE THEY WOULD SPEAK MORE DEFINITIVELY ON IT. BUT I BELIEVE THE APPLICANT HAS ERECTED A FENCE THAT IS PROBLEMATIC. FOR THAT AREA DOWN THERE. ASIDE FROM WHAT THE ORDINANCE SAYS, AS TO WHAT I AM TO CONSIDER WHETHER I APPROVE OR DENY AN APPEAL. SO. THAT'S MY PRESENTATION. THIS IS A LITTLE UNUSUAL. I'M NOT SURE HOW WE PROCEED FROM HERE BEEN TO COURT A LOT OF TIMES, BUT I'M NOT AN ATTORNEY. AND I CAN'T REPRESENT MYSELF AS BEING ONE. CHIEF, UM YEAH, IT SEEMS THAT. THE WAY THE PRESENTATION HAS BEEN GIVEN TO US. IT LEADS TO US, A CITY COUNCILMAN IS TO RECALL WHAT THE PAST EVENTS WERE IN TERMS OF THE LAST TIME THIS INDIVIDUAL APPEARED BEFORE US. AND WHAT WAS STATED MADE PART OF THE RECORD. AND HOW WE THOUGHT ABOUT IT. SO WHAT WE HAVE BEFORE US, AS I UNDERSTAND IT, MR CITY ATTORNEY IS TO GRANT OR DENY THE APPEAL OF THIS PARTICULAR INDIVIDUALS TO KEEP GOATS ON THEIR PROPERTY FOR ANIMALS, UNDEFINED ANIMALS BY THE APPLICATION. YES THERE WERE ORIGINALLY ONE MALE AND ONE FEMALE. YEAH FOUR. AND NOW THE PART OF THE PROBLEM, TOO, IS

[01:55:06]

OKAY FOR WAS TOO MANY. AND THEN SOME ASPECT OF THE OWNER OF THE GOLD'S NOT THINKING THAT A MALE AND FEMALE WITHOUT PROPAGATE, BUT THEY DID. SO THAT THEN CREATED FOR IF I MAY. PLEASE COMMENT THE CITY ATTORNEY MADE AND WHAT Y'ALL CONSIDERED. I WASN'T AT THE MEETING ON FEBRUARY. 7TH UM I BELIEVE I WAS ON VACATION. UM BUT I DID WATCH THE MEETING. I THINK WHAT YOU REFERRED TO IS THAT NEVER PLAYED . THE NUMBER OF ANIMALS NEVER PLAYED INTO MY DECISION. WHERE THEY HAVE ONE GOAT OR MORE GOATS. THEY DIDN'T GET. NON OBJECTION. SIGNAGE UH, TO WHERE I WAS COMFORTABLE THAT IT WAS. IT WAS PROVEN TO ME THAT THEY HAD CONTACTED THE PEOPLE THAT WERE ADJACENT TO THAT PROPERTY. I NEVER GOT ANY FURTHER THAN THAT. SO THE NUMBER OF ANIMALS IN MY MIND WAS NEVER AN ISSUE, BUT THE NUMBER OF ANIMALS IS INCLUDED IN OUR ORDINANCE. IF I RECALL AND NOW WITH FOUR ANIMALS UNDEFINED. THE FOUR ANIMALS ARE OR ARE NOT PERMITTED BY OUR CURRENT ORDINANCE. WELL, YOU DON'T HAVE THE CONSENT. SO TOO, MR LEVINE. KNEES POINT IT DOESN'T MATTER. YOU CAN'T REWRITE THE ORDINANCE. I UNDERSTAND, BUT WE'RE BUT BEFORE US IS THE APPEAL TO KEEP FOUR GOATS ON THE PROPERTY. SO WE NEED TO UNDERSTAND WHAT THE ORDINANCE SAYS, AS WELL. WE AS A COUNCIL AS THE GOVERNING BODY GOATS, UNLESS YOU HAVE THE CONSENT OF THE ADJACENT PROPERTY OWNERS. THAT'S WHAT THE ORDINANCE SO. PUTTING TOGETHER THAT ADVICE. LEGAL ADVICE FROM THE CITY ATTORNEY. THE INFORMATION PRESENTED BY THE CHIEF AS THE APPEAL AUTHORITIES THE APPELLATE AUTHORITY IN THIS PARTICULAR INSTANCE THEN BEFORE US WHAT WE HAVE IS VERY SIMPLE. THAT THE APPLICANT HAS FAILED TO COMPLY. WITH CHAPTER FOUR ARTICLE TWO SECTION 4-21. FOR THE APPLICATION TO KEEP LIVESTOCK ON THE PROPERTY AND FAILING TO DO SO. THEN THE APPEAL IS DENIED. YES IT WOULD BE MY ESTIMATION. THAT WOULD BE A LOGICAL CONCLUSION. APPLYING THE LAW TO THE FACTS, SO WITH THAT AND UNDERSTANDING. ANY FURTHER DISCUSSION ON THE PART OF COUNCIL BECAUSE THE WAY I SEE IT THE CHAIR WILL ENTERTAIN A MOTION TO DENY THE APPEAL. MR CONTRERAS? YES, SIR. PLEASE. UH HUH. IS YOUR MY CONCERT. RESTATE APPLICANT HERE TONIGHT. IS THE APPLICANT PRESIDENT IN THE ROOM. THE OWNER OF THE PROPERTY WHERE THE GOATS RESIDE. NOT NO ONE COMING FORWARD. THE ANSWER WOULD BE NO, MR CONTRERAS. UH, MR MCBURNETT. THANK YOU, MAYOR. UH I WOULD LIKE TO HEAR FROM PUBLIC WORKS IS AS WELL ON THIS ISSUE.

GOOD EVENING, HONORABLE MAYOR AND MEMBERS OF THE DOCUMENT FIELD CITY COUNCIL. SO STANDING HERE WITH ME. I HAVE MATT BRYANT . FOR THE RECORD. THIS IS MISS JACKIE COLTON. INTERIM PUBLIC WORKS DIRECTOR. YES, SIR. GO AHEAD. OKAY, I CAN GO AHEAD AND INTRODUCE MATT BRYANT, WHO IS THE UTILITY SUPERINTENDENT. AND SO, UH, MATT'S CREWS WERE THE ONES WHO ACTUALLY GO OUT TO AUSTIN STONE TO ADDRESS ANY, UM SANITARY SEWER ISSUES AT THE PROPERTY. AND YOU WANT ME TO START FROM THE BEGINNING? BASICALLY MR MCBURNETT HAS SOME QUESTIONS. MAYBE MR MCMAHON, I WOULD LIKE TO ASK SOME PARTICULAR QUESTIONS THAT THEY COULD ANSWER. THERE SEEMS TO BE INFORMATION THAT YOU WANT TO PROVIDE, SO I WANTED TO HEAR YOUR INFORMATION. OKAY I'M GONNA LET MATT SPEAK. THANK YOU, MAYOR AND COUNCIL. UM REALLY? THE ONLY INFORMATION I'M AWARE OF IS WE DO HAVE A SANITARY, SEWER MANHOLE IN THAT YARD. UM THERE ARE SOME LATERAL LINES HAVE TAKEN CONSIDERATION SO THE PROBLEM BECOMES, IF I HAVE TO RESPOND FOR ANY EMERGENCY RELATED TO SEWER ARE WE PUTTING OURSELVES A VULNERABILITY FOR MAKING SURE THE GOATS ARE TAKEN

[02:00:03]

CARE OF WHILE WE ACCESS THE PROPERTY? HOW DOES THAT WORK? UM YES, THERE IS A GATE THAT WAS ERECTED TO PROTECT THE GOATS. UH TYPICALLY, WE'RE SUPPOSED TO HAVE OUR EASEMENTS AVAILABLE AND OPEN TO US AT ALL TIMES. SO, UM, I WOULD HAVE TO TAKE ACTION TO REMOVE THE GATE IF THERE IS AN EMERGENCY THAT TOOK PLACE. SO THERE'S A LOT OF FACTORS THERE TO TAKE IN CONSIDERATION. WOULD YOU ADDRESS. ARE WE PLAYING? OH YES, WE THERE IS SOME WORK BACK THERE THAT WE CAN DO TO PROTECT OUR CEREAL LATERALS BECAUSE RIGHT NOW, AND I DON'T KNOW IF IT'S BECAUSE OF THE TRAFFIC OF THE GOATS, BUT WE'VE SEEN SOME LATERAL LINES BECOME EXPOSED SOMETHING THAT WE NEED TO ADDRESS. OKAY, UM MS. COLTON'S COMMENTS WERE NOT RECORDED BECAUSE SHE WAS TOO FAR AWAY FROM THE MICROPHONE. SO YOU RESPONDED TO SOMETHING, SHE SAID . BUT WHAT SHE SAID WAS NOT RECORDED. SO IF THERE'S CALLED IN A FEW KID RESTATE WHAT YOU ASKED MR BRYANT TO ADDRESS YES, SIR. I ASKED HIM TO STATE OUR PLAN OF ACTION. ONCE THE FENCING IS REMOVED, AND THEN HE RESPONDED THAT WE INTEND TO INSTALL CONCRETE OVER THE SEWER LATERALS TO PROTECT, YOU KNOW THE LINES. THAT CITY COST. AS A RESULT OF KEEPING ANIMALS ON THE PROPERTY. MHM, OKAY? MR MCBURNETT ANY FURTHER INFORMATION NEEDED, SIR. KNOWN FROM THEM, I WOULD LIKE TO ASK CHIEF LOVING ME A COUPLE OF QUESTIONS. CHIEF SLAVIC ME. I MEAN, I UNDERSTAND THE PERSON DIDN'T COMPLETE IT. DO YOU THINK THERE'S AN ISSUE DUE TO LANGUAGE? THE LANGUAGE OF THE ORDINANCE. NO. THE LANGUAGE BARRIER BETWEEN THE OWNERS. AND IN OUR FORMS. NO SIR. I DON'T BELIEVE SO. AND IF I COULD, UM THE CITY SECRETARY SENT OUT A LETTER. TO THE APPLICANT BOTH IN ENGLISH AND IN SPANISH ON OR ABOUT AUGUST 25TH AT THIS HEARING WOULD BE HAD TONIGHT.

AND AS WE JUST FOUND OUT, UH, THEY DIDN'T SHOW SO UM WE SENT A LETTER TO THEM DENYING THE APPEAL. THEY RESPONDED ON FEBRUARY 7TH TWO, THE APPEAL I'VE GOTTEN LETTERS IN ENGLISH FROM THE APPLICANTS. UM SOME MEMBER OF THE APPLICANTS HOUSEHOLD, I BELIEVE MAYBE A DAUGHTER. IN ENGLISH, SO I DO NOT BELIEVE THAT THERE'S BEEN A LANGUAGE BARRIER. OKAY? UM, CITY ATTORNEY. YES SIR. I HAVE A QUESTION ON THE ON THE PAPERWORK THAT WE WERE SHOWN. DOES IT SHOW A SIGNATURE? OF THE APPLICANT. AND DOES NOT APPEAR TO HAVE A SIGNATURE ON IT. IT IS IDENTIFICATION INFORMATION IS THE SIGNATURE OF REPORTING OFFICER AND PLANK. SO HOW WOULD HOW WOULD YOU ASK? HOW WOULD YOU ADVISE US ON AN ISSUE WHERE IT'S NOT SIGNED? THEN YOU DON'T HAVE AN APPLICATION. YOU DON'T HAVE A VALID APPLICATION. THANK YOU. GERALD ENTERTAINER MOTION TO DENY THE APPEAL. SO MOVED. I HAVE A MOTION TO DENIED APPEAL BY MR KOONTZ THEIR SECOND, PLEASE. SECOND BY MR VERA CRUZ. AND THAT'S THAT'S TO DENY. SO THAT'S TO DENY THE APPEAL. WE ARE DENYING THE APPEAL. SO VOTE YES. IS DENYING THE APPEAL AS WE HAVE HERE. THE COUNCIL PLEASE VOTE. BY A VOTE OF 423 THE APPEALS APPROVED. INTERESTING. WE HAVEN'T APPEALED TO APPROVE THAT APPLICATION IS IN MOTION FAILS. THE MOTION WAS TO APPROVE. YEAH. PARDON ME. NO HE IT WAS STATED IN THE EMOTIONAL STATED IN A NEGATIVE. SO IF YOU VOTED YES. OR GREEN. THAT WOULD HAVE BEEN NO. AND RED IS YES. WHAT CORRECTLY, DON'T WE? YOU VOTED RED. SO YOU VOTED AGAINST

[02:05:02]

THE MOTION TO DENY. SO THAT WOULD BE YOU. DID YOU WANT TO? DID YOU WANT TO APPROVE THE APPEAL OR DENY THE APPEAL? WHY DON'T. FOR ALRIGHT BASED ON THE CITY ATTORNEY'S ADVICE, WHICH IS EXCEPTIONAL AND I REALLY APPRECIATE IT. WE'RE GOING TO DO A ROLL CALL VOTE AND WHAT YOU WERE GOING TO STATE COUNCIL MEMBERS IS YOU REPROVED THE APPROVED THE APPEAL OR DENIED THE APPEAL, APPROVED THE APPEAL OR DENY THE APPEAL WILL KEEP SCORE OF THE CITY CENTER APPROVED THE APPEAL OR DENY THE APPEAL. AND UNDERSTANDING THAT THE APPEAL IS TO KEEP THE GOATS AND SIMPLE. MR VERA CRUZ APPROVED THAT IN APPEAL OR DENY THE APPEAL. MR MCBURNETT APPROVED, APPROVED OR DENIED THE APPEAL APPROVED, APPROVED THE DENIAL. NOT APPROVE. THE DENIAL.

YEAH I SAID IT RIGHT, MR. COONS, YOU'RE MIXING. LET'S DO THIS. THE APPEAL. HOW ABOUT IF WE JUST SAY GOATS AND NO GOATS? HOW'S THAT THAT, I GUESS GOOD WITH THAT. ALRIGHT SO MR VERA CRUZ, FOUR GOATS, YOUR FOUR GOATS. YES. MR MCBURNETT, GOATS. MR KOONTZ. GOATS. IT WAS GOOD.

NO GOATS HERE, 4 TO 3 TO KEEP GOATS CAN'T BELIEVE IT. WHAT WOULD YOU VIOLATED YOUR OWN ORDER? DON'T GO. AMERICAN ASK, FOLLOW UP. YOU KNOW IF I'M GOING TO SAY SOMETHING, I'M GONNA MAKE A FOLLOW UP. COMMENT THIS PROCESS THIS APPEAL PROCESS OR ARE WE FOLLOWING? THANK GOODNESS IS THIS SOMETHING THE STATE REQUIRES US TO DO, OR IS THIS OWN? THIS IS YOUR THIS YEAR CHANGE THIS? YES WE'VE ALREADY THE CHANGE HAS ALREADY BEEN MADE, AND WE JUST THIS APPLICATION WAS PRIOR TO THE CHANGES THAT YOU HAVE COMING FORWARD SO THAT YOU'LL NEVER HAVE TO DO THIS AGAIN. AND WE ALSO HAVE. TO ADDRESS ISSUES AND HB 17 50 IN OUR NEW ORDINANCE, WHICH WILL ADDRESS THOSE ISSUES VERY GOOD. AND ANOTHER FOLLOW UP COMMENT. BEING THAT. SINCE FEBRUARY. THIS COUNCIL HAS DISCUSSED MANY, MANY TIMES MAIN STREET. AND WHAT IT WILL LOOK LIKE IN THE FUTURE. SO THANK YOU, COUNSEL. YOU WANT TO HAVE GOATS ON MAIN STREET? POINT OF ORDER. POINT OF ORDER TAKEN. TAKE A VOTE IF I'VE BEEN OUT OF ORDER TO TAKE A VOTE NECESSARY THANK YOU. IS THERE A VOTE FOR CALLING ME OUT OF ORDER? THERE'S NO VOTE FOR CALLING ME OUT OF ORDER. THANK YOU. WELL MARATHON. I THINK THE POINT IS HE DID. HE DID CALL IT SO MANY PEOPLE WANT TO CALL A VOTE. WE CAN, BUT I DON'T THINK RULES BY RULES OF PROCEDURE FOR POINT ORDER IS CALLED. I HAVE TO CALL FOR A VOTE, SO I'M TRYING TO COMPLY WITH WHAT WE HAVE IN OUR RULES OF PROCEDURE. NO PHONE NECESSARY . YOUR COMMENTS WEREN'T NECESSARY. YOU DIDN'T HAVE TO

[5.C. Presentation and deliberation of the FY 2023-24 proposed budget and conduct a Public Hearing]

SAY THAT. THANK YOU VERY MUCH FOR YOUR INPUT. MOVING ON TO ITEM. FIVE C. PRESENTATION AND DELIBERATION OF THE 2023 24 PROPOSED BUDGET AND CONDUCT A PUBLIC HEARING. MS OD WELL, THANK YOU ALL VERY MUCH. GOOD EVENING, MAYOR AND COUNCIL. I BELIEVE WE WANTED TO START WITH, UM THE VIDEO THAT WE PREPARED IN PREPARATION OF TONIGHT, SO IF YOU HAVEN'T SEEN IT, YOU'LL GET TO SEE VERY SHORT. HI. MY NAME IS JENNIFER OD. 2024 PROPOSED BUDGET WILL RAISE $1.5 MILLION IN ADDITIONAL REVENUE FROM PROPERTY TAX.

HI. MY NAME IS JENNIFER. 2024 PROPOSED BUDGET WILL RAISE.

[02:10:24]

HI. MY NAME IS JENNIFER OD. 2024 PROPOSED BUDGET WILL RAISE $1.5 MILLION IN ADDITIONAL REVENUE FROM PROPERTY TAX. APPROXIMATELY A QUARTER OF YOUR TOTAL TAX BILL GOES TO THE CITY. THE CITY COUNCIL VOTED EARLIER THIS YEAR TO RAISE HOMESTEAD EXEMPTIONS FOR SENIORS AND DISABLED IN ORDER TO HELP ALLEVIATE SOME OF THE TAX BURDEN. THE CITY OF DUNCANVILLE IS PROPOSING A $223,000 INCREASE IN NEW APPLICATIONS. SUBSCRIPTIONS FOR SOFTWARE TO PROVIDE A BETTER EXPERIENCE FOR CITIZENS AND CUSTOMERS, ACCESSIBILITY, TRANSPARENCY AND STAFF ACCOUNTABILITY. DID YOU KNOW THE CITY PARTNERS WITH THE CITY OF CEDAR HILL TO OPERATE THE TRI CITY ANIMAL SHELTER AND WITH THE CITY OF DESOTO FOR THE SOUTHWEST REGIONAL COMMUNICATIONS CENTER AND THE TRI CITY JAIL? THESE PARTNERSHIPS HAVE PROVEN TO BE AN EFFICIENT AND COST EFFECTIVE WAY TO PROVIDE THE SERVICE WITHOUT THE OPERATIONAL BURDEN. THE CITY IS PROPOSING 100 AND 37,000 INCREASE IN OUR COST SHARING OPERATIONS FOR THESE PARTNERSHIPS. WHEN EMERGENCY STRIKES OUR CITY SHOULD BE PREPARED. OUR EMERGENCY MANAGEMENT OPERATIONS COORDINATOR IS KEY DURING LOCAL EMERGENCIES, CONDUCTS REGULAR COMMUNITY OUTREACH AND EDUCATION AND PLAYS A KEY ROLE IN LOCATING GRANTS FOR EQUIPMENT AND SUPPLIES FOR OUR FIRST RESPONDERS. SHE DOES ALL OF THIS AND MORE FOR DUNCANVILLE AND THREE OF OUR NEIGHBORING CITIES . IT IS FOR THIS REASON WE ARE PROPOSING THE ADDITION OF A PART TIME EMERGENCY SPECIALIST COORDINATOR ONTO OUR EMERGENCY MANAGEMENT TEAM. FOR A TOTAL COST OF $54,930. PUBLIC SAFETY IS ALWAYS A TOP PRIORITY TO PROVIDE A HIGH QUALITY OF LIFE TO THE RESIDENTS AND BUSINESS OWNERS HAVE DUNCAN BUILT. CURRENTLY THERE ARE FOUR VACANCIES IN THE FIRE DEPARTMENT AND EIGHT IN OUR POLICE DEPARTMENT. THEREFORE WE ARE PROPOSING A $1.3 MILLION INCREASE TO SALARIES OVER THE FY 23 ADOPTED BUDGET TO REMAIN COMPETITIVE. TO ATTRACT AND RETAIN QUALIFIED AND PROFESSIONAL OFFICERS, FIREFIGHTERS AND GENERAL STAFF TO CONTINUE OUR COMMITMENT TO YOU TO DELIVER A HIGH LEVEL OF SERVICE. MM HMM. OVERALL OUR MAINTENANCE UTILITY BUILDING STREETS AND PARKS AND RECREATION DEPARTMENTS BENEFIT FROM OUR PROPOSED BUDGET AND ALLOWS FOR THE CITY OF DUNCANVILLE TO KEEP ROADS AND INFRASTRUCTURE AND REPAIR AND PARKS WELL MAINTAINED. COMMUNITY IS INVITED TO PARTICIPATE IN THE BUDGET PROCESS. THE BUDGET CAN BE FOUND BY SCANNING THIS QR CODE. YOU ARE ALSO INVITED TO THE PUBLIC HEARING REGARDING THE BUDGET THAT WILL BE HELD ON 2023 29. CLOSE ENOUGH TO BE. ON THAT NOTE. THAT WAS THE END OF THAT VIDEO. ALRIGHT IN ACCORDANCE WITH OUR RULES OF PROCEDURE. HOW WE OPERATE ON A PUBLIC HEARING IS THAT THE STAFF MEMBER WILL GIVE US A BRIEFING ON THE ITEM.

THEN WE WILL OPEN. I WILL OPEN UP THE ITEM TO THE PUBLIC HEARING. WE WILL LISTEN TO INDIVIDUALS WHO ARE IN FAVOR OR OPPOSED TO WHAT WE HAVE HEARD, AND THEN WE WILL OPEN UP TO DISCUSSION BY THE CITY COUNCIL MEMBERS FOR FURTHER DISCUSSION. SO THIS AUDIO FLOOR IS YOURS.

YES. WHAT I WILL DO HERE IS I'M GOING TO JUST GIVE YOU A BRIEF OVERVIEW OF THE BUDGET. MOST OF THIS IS NOT IS NOT NEW TO YOU. AND SO OUR BUDGET IS BUILT ON THREE PARTICULAR PRIORITIES.

INITIATIVE INITIATIVES. FIRST OF ALL, IT'S PEOPLE. IT'S UM, THE INTERNAL THE STAFF AS WE ARE CONTINUE TO TRY TO BE COMPETITIVE WITH BENEFITS AND SALARY THROUGH BEST PRACTICES WHO DEVELOPMENT. UM IT'S THROUGH OUR CUSTOMER SERVICE AS WE CONTINUE TO PERFECT, UM, HOW WE INTERACT WITH THE PUBLIC. UM ADDITIONALLY, IT'S ABOUT IT'S A FOCUS ON PROJECTS COMPLETING PROJECTS. AND LASTLY ON PLANNING LONG TERM PLANNING, COMPREHENSIVE PLAN, FINANCIAL PLANS AND SUCH UM, A SNAPSHOT OF WHAT'S IN THIS BUDGET, SO THIS BUDGET IS BUILT ON A TAX RATE OF 0.646034, WHICH GENERATES THE 1.5 MILLION IN ADDITIONAL REVENUE THAT IS RECEIVED FROM PROPERTY TAXES. UM THIS BUDGET ALSO INCORPORATES THE SECOND YEAR OF WATER AND SEWER RATE INCREASES. UM IT IS, UH, THE HOMESTEAD EXEMPTIONS HAVE GONE UP FROM 30 TO 35,000 FOR THE

[02:15:03]

SENIORS AND THE DISABLED. THAT IS INCLUDED IN THIS BUDGET. UM A 2% ADJUSTMENT TO THE RESIDENTIAL AND COMMERCIAL GARBAGE RATES TO KEEP UP WITH THE CPI INCREASES THAT ARE PASSED ALONG TO THE CITY. UM AGAIN, IT'S A ENHANCED EMPHASIS ON CAPITAL IMPROVEMENT PROJECTS, GETTING THE PROJECTS THAT WE HAVE GOING COMPLETED. AND LASTLY, PROPOSED UPDATES TO OUR MASTER FEES, WHICH INCLUDE UPDATES TO OUR E M S SCHEDULE, AS WELL AS BUILDING DEVELOPMENT SERVICE TYPE, UM, RATES. SO JUST SOME HIGHLIGHTS OUT OF TIME IN THE BUDGET. OVERALL THESE ARE NOT NECESSARILY NEW THINGS, BUT THINGS THAT WE CONTINUE TO, UM PROVIDE IN THIS BUDGET, UM ADDITIONAL RESOURCES THROUGH THE LIBRARY FOR BOOKS AND MEDIA, UM PARK COMMUNITY AND REPLACEMENTS SUCH AS BLEACHERS, FOUNTAINS, BARREL, THINGS LIKE THAT, SO WE CONTINUE TO REPLACE THOSE THINGS ONGOING IN OUR PARKS, UM, HAVE FUNDING AND THE MEDIA REPLACEMENT FAN OF 1.5 MILLION THAT WILL BE ABLE TO PUT TOWARDS UM AM I PROJECT? UM 1.7 MILLION IN STREET MAINTENANCE THAT KEEPS OUR ROADS AND A PARTICULAR CONDITION THAT WILL PREVENT THEM FROM FALLING INTO RECONSTRUCTIVE PHASE WHERE IT'S MORE EXPENSIVE TO RECONSTRUCT A STREET. UM DO WE HAVE TECHNOLOGY ENHANCEMENTS TO IMPROVE OUR CUSTOMER SERVICE, EXPERIENCE AND ACCESSIBILITY. WE HAVE THE C CLICK FIX FOR CITIZENS GOING TO REPORT CONCERNS. UM SOFTWARE FOR DEVELOPMENT SERVICES THAT WILL HELP WITH THE PERMITTING AND LICENSING PROCESS AND WORKFLOW SO THEY'LL BE ABLE TO GET THOSE ANSWERS ONLINE. SWAG IT SO WE CAN, YOU KNOW, BROADCAST OUR MEETINGS PROVIDE ENGLISH AND SPANISH SUBTITLES CLICKABLE AGENDAS UM, PLOT CAMERAS AND HELP WITH CRIME FIGHTING. UM CONTINUED WITH OUR CUSTOMER SERVICE ADVOCATE PROGRAM CONTINUE OUR AMAZING SPECIAL EVENTS THAT WE PUT ON. UM ON THE PERSONAL SIDE. WHAT'S COLLUDED IN THE BUDGET IS ADDITIONAL COMPENSATION, WHICH WOULD GO INTO EFFECT JANUARY 1ST, UM, IT WOULD BE TEXAS MUNICIPAL RETIREMENT SYSTEM INCREASES THE UPDATED SERVICE CREDITS AND NICOLA'S ON A ONE TIME BASIS AND SOME ADDITIONAL POSITIONS SUCH AS THE PART TIME EMERGENCY MANAGEMENT SPECIALISTS AND ECONOMIC DEVELOPMENT COORDINATOR . WE ADDED A PARKING ENFORCEMENT OFFICER IN THE 23. BUDGET. AND THEN, ADDITIONALLY SOME OF THE THINGS THAT YOU'VE REQUESTED, UM SO WE WILL ESTABLISH THAT CONSERVATION FUND. WE WILL FUND THAT MASTER PLAN FOR THE LAD PROPERTY AS WELL AS THE DOWNTOWN ASSOCIATION DUES. SO JUST A QUICK OVERVIEW OF THE PROPERTY TAXES AS YOU CAN SEE THE CHART THERE ON THE LEFT JUST KIND OF SHOWS OVER OVER THE LAST 10 YEARS. WHAT VALUES HAVE DONE WITH COMMERCIAL AND WITH, UM, RESIDENTIAL PROPERTIES. AS I STATED IN THE VIDEO THERE THAT THE CITY RECEIVES ABOUT A QUARTER OF YOUR TOTAL TAX BILL. UM SO THAT BUDGET YOU KNOW FOR THE TO PAY OUR DEBT AND THE BUDGET TO RECEIVE FOR GENERAL OPERATION NEEDS. UM THAT TOTAL,% INCREASE OVER THE PREVIOUS FISCAL YEAR. I'M JUST TO GIVE YOU A VISUAL OF LIKE OUR TAX RATE HISTORY AS WELL AS OUR TAXABLE VALUE HISTORY. THAT BLUE LINE THERE SHOWS YOU WHAT OUR TAX RATE HAS DONE OVER THE LAST EIGHT YEARS HERE, AND THAT RED LINE WILL SHOW YOU, UM WHAT OUR VALUES HAVE DONE OVER THE LAST FEW YEARS, AND THESE ARE BASED ON THE AVERAGE TAXABLE VALUE OF OLIVER RESIDENTIAL PROPERTIES IN THE CITY. AND JUST ANOTHER CHART HERE TO SHOW YOU AGAIN. UM AND I'M MORE TABLE FORMAT FOR THOSE WHO LIKE THE TABLES. WHAT OUR TAX RATE IS WHAT THE NO NEW REVENUE CALCULATION IS THAT IS THE REVENUE IF WE WERE TO ADOPT THAT RATE THAT WOULD WE WOULD RECEIVE THE SAME AMOUNT OF REVENUE AS LAST YEAR, AND THEN IT SHOWS YOU THE AVERAGE TAXABLE VALUE AS WELL. AS WHAT THAT ANNUAL TAX. UM BURDEN WOULD BE TOO THE AVERAGE TAXPAYER, SO THAT IS AN INCREASE OF ABOUT $91 ANNUALLY TO ADOPT THE TAX RATE THAT WE HAVE PROPOSED. I'M JUST OVERVIEW OF ALL OF FUNDS. SO OUR TOTAL RESOURCES FOR THIS NEXT FISCAL YEAR COMES TO ABOUT 97 MILLION. THAT IS NOT ALL GENERAL OPERATIONS. WE HAVE OTHER KINDS OF FUNDS THAT ARE INCLUDED IN THIS BUDGET. WE HAVE ENTERPRISE FUNDS THAT INCLUDES YOUR UTILITY FUNDS, SANITATION FUNDS. THOSE FUNDS THAT ARE SELF SUSTAINING.

WE HAVE SPECIAL USE FUNDS LIKE THE ECONOMIC DEVELOPMENT FUND HOTEL MOTEL. THINGS THAT ARE, YOU KNOW, CAN ONLY BE USED FOR SPECIFIC PURPOSES. AS WELL AS CAPITAL REPLACEMENTS. AND YOU CAN SEE THERE. HOW? HOW THOSE RESOURCES AND EXPENDITURES BREAKDOWN BY THOSE PARTICULAR FUN TYPES. UM SO ON THE GENERAL FINE, JUST SHOWING BREAKING DOWN IN A TABLE AS WELL AS A PIE CHART HERE OF WHAT OUR RECURRING REVENUE SOURCES ARE. OUR PROPERTY TAX REVENUE IS 55% OF OUR TOTAL REVENUE. THE SALES TAX IS THE NEXT HIGHEST AT 25% AND THEN ALL THE OTHER SMALLER CATEGORIES FINDS FEES PERMITS, UM, FRANCHISE FEES AND THAT THAT SORT OF, UM TYPE OF REVENUE AND BUT AGAIN, THE BULK OF OUR REVENUE COMES FROM PROPERTY TAX AND SALES TAX. SO WITH THE USE OF FUND BALANCE, WHICH I'LL EXPLAIN HERE IN A MINUTE, THE TOTAL RESOURCES AVAILABLE TO US FOR THIS NEXT YEAR IS 40 MILLION. JUST A BRIEF CHART HERE THAT SHOWS THE SALES TAX OVER

[02:20:06]

THE LAST 10 YEARS. IT'S BROKEN DOWN BY, UM BECAUSE WE RECEIVED SALES TAX FOR IN THE GENERAL OPERATION FUND. WE RECEIVE A PORTION FOR PROPERTY TAX RELIEF THAT HELPS KEEP TAX RATE LOW AND THEN ALSO, THERE'S A PORTION THAT GOES TO THE ECONOMIC DEVELOPMENT FUND. AND YOU'VE SEEN THIS CHART BEFORE. BUT THIS JUST KIND OF BREAKS DOWN THE SALES, TAX PROJECTIONS AND THE NEXT CALENDAR YEAR WE UTILIZE A SERVICE THAT CAN ESTIMATE WHAT OURSELVES TAX REVENUES ARE GOING TO BE WITH ALL OF THE OPENINGS OF VARIETY OF RESTAURANTS AND SUCH WE CAN EXPECT ABOUT 3% INCREASE IN OUR SALES TAX. SO ON THE GENERAL FUND EXPENDITURE SIDE 64% OF OUR TOTAL EXPENDITURES DO GO TOWARDS SALARY AND BENEFITS. UM THE NEXT BIGGEST CATEGORY IS CONTRACTUAL PROFESSIONAL SERVICES. UM THAT INCLUDES, YOU KNOW ALL OF OUR PARTNERSHIPS THAT WE PAY CEDAR HILL. DESOTO UM, THOSE, UM UH. PARTNERSHIPS THAT WE HAVE WITH THEM. THAT IS THE SECOND BIGGEST CATEGORY. BUT AT THE TOTAL EXPENDITURES ARE COME TO 40 MILLION. SO JUST A BRIEF EXPLANATION OF WHAT SOME OF THE VARIANCES ARE SO AGAIN, YOU KNOW OUR BIGGEST PORTION OF OUR BUDGET AGAIN. I SAY SALARY AND BENEFITS. SO THE BIGGEST CHANGE UM AND COST COMES WITH A SALARY AND BENEFIT ENHANCEMENTS AND AGAIN. IT'S WITH THE COMPENSATION INCREASES THAT WE WILL DO ON JANUARY. 1ST UM, THE CHANGES IN OUR RETIREMENT BENEFITS SYSTEM, ADDING PART TIME EMERGENCY SPECIALIST ADDING A PARKING ENFORCEMENT ENFORCEMENT OFFICER. WE DID ELIMINATE A POSITION UM, BUT THE NET IMPACT WHEN YOU COMPARE IT TO THE 23 ADOPTED BUDGET COMES TO 1.5 MILLION. UM THE SUPPLIES AND MATERIALS CATEGORY. THAT'S BASICALLY YOU KNOW, THE SUPPLIES AND MATERIALS THAT WE BUY, LIKE THE UNIFORMS WERE POLICE AND FIRE. WE SAW AN INCREASE THERE BECAUSE THE COST OF SUPPLYING THOSE PARTICULAR ITEMS HAVE GONE UP CHEMICAL SUPPLIES FOR PARKS AND ATHLETIC FIELDS. OUR OFFICE 3 65 LICENSING THAT, YOU KNOW IT'S ALL OF OUR APPLICATIONS.

UM, THROUGH THE OFFICE. UM THE CONTRACTUAL PROFESSIONAL SERVICES CATEGORY, THE INCREASE THEIR OVER LAST YEAR 646,000, AND THAT IS BECAUSE OF PROPERTY AND WORKERS' COMP INSURANCE PREMIUMS AGAIN. OUR PARTNERSHIPS , UM AT ONE TIME COST FOR THE CARES TEAM PROGRAM. AS YOU KNOW, WE HAVE A GRANT THAT'S GOING TO END AT THE END OF MARCH OF 24. SO IT'S A ONE TIME COST TO GET US THROUGH THE END OF THE FISCAL YEAR. TO COMPLETE THAT PROGRAM, INCREASING OUR VEHICLE AND EQUIPMENT REPAIRS, HAVING TO OUTSOURCE THOSE UM, WITH OLDER VEHICLES AND THEN, UM, THE C CLICK FIX APPLICATION AND THEN, LASTLY, THAT MAINTENANCE AND REPAIR SERVICE CATEGORY THAT INCLUDES, YOU KNOW, MAINTENANCE AGREEMENTS LIKE A LOT OF THE I T ITEMS FALL UNDER THAT CATEGORY OR ANNUAL AGREEMENTS. UM ARE GROUNDS MAINTENANCE, THE MOWING THAT WE DO CITYWIDE AND LANDSCAPING. UM SWAG IT FOR THE LIVE STREAMING SUBTITLES OR THE BIG ITEMS THAT LEAD TO THAT INCREASE. SO OVERALL WITH ALL OF THAT, UM, JUST IT'S JUST KIND OF SHOWS YOU WHERE WE FALL FROM A GENERAL FUND BALANCE STANDPOINT . SO AS YOU'VE AGREED TO ALLOW US TO ADD THE TMR S AND USE SOME FUN BALANCE FOR THAT SO OR NET REVENUE, ACTUALLY, IS 308,000 THAT WE ARE TAKING, UM FROM THE FUND BALANCE IN ORDER TO, UM TO PAY FOR THOSE AS YOU SEE THERE, WHAT'S IN THE DON'T THE ORANGE OR THE YELLOW HERE? WE RESERVE ABOUT 2025% OF OUR FUND BALANCE . UM TO SET ASIDE HAVING RESERVATION THAT WE DON'T WANT TO TOUCH THAT. UM BUT OVER AND ABOVE THAT 75 DAYS, UM, EVEN WITH THE 308,000, WE STILL SIT AT 8.8 MILLION IN EXCESS THAT COULD BE USED FOR ONE TIME FUNDS. SO MOVING ON TO THE UTILITY FUND. JUST REALLY BRIEFLY. UM WHAT'S, UH, CAPTURED IN THE CHILLY FUND AGAINST? UM THE UTILITY FUND IS REVENUE WE RECEIVE FROM, YOU KNOW CUSTOMERS FOR THEIR WATER AND SEWER. ON THIS, UM INCORPORATES THIS YEAR, TWO OF THE FIVE YEAR RATE INCREASE AS YOU CAN SEE THERE WHAT THE BAYSWATER RATE CHANGE GOES TO AND WHAT THE BASE SEWER IS AND THEN WITH THE SENIOR DISCOUNT APPLIED, BUT THOSE BASE RATES WOULD BE, UM, ON THE UTILITY EXPENDITURE SIDE. UM SO THIS FUND DOES SUPPORT 32 EMPLOYEES AT THE COMPENSATION AFFECTS THOSE EMPLOYEES AS WELL. THEY INCREASE THEIR WE DO BUY WATER FROM DALLAS WATER UTILITIES. WE PROCESS OUR SEWER FROM TRINITY RIVER AUTHORITY. THEY DO PASS ALONG. UM RIGHT, UM , RATE INCREASES TO US, AND SO WE HAVE TO BUDGET THOSE ACCORDINGLY. THIS ASSUMES, UM CASH TRANSFER TO R UTILITY C I P AS WE PAY FOR THOSE INFRASTRUCTURE NEEDS AND REPLACEMENTS. MOVING ON TO THE SANITATION FUND. THIS IS THE GARBAGE COLLECTION. UM WE HAVE FIVE PEOPLE THAT ARE SUPPORTED OUT OF THIS FUND. THIS DOES INCLUDE A 2% RESIDENTIAL RATE INCREASE FOR THE SCP. I UM SO AS YOU CAN SEE THE RATES THERE WHAT THE CURBSIDE RATE GOES TO MONTH

[02:25:05]

AND WITH THE ALI RATE GOES SUPER MONTH AND BY COMMERCIAL AND, UM , AGAIN, UM, THIS FUN SUPPORTS, YOU KNOW THE HAZARDOUS WASTE COLLECTIONS. IT SUPPORTS THEIR LITTLE MAINTENANCE CREW IS SUPPORTS, UM, THE GARBAGE, UM, COLLECTIONS. AND THEN DRAINAGE. UM AND YOU CAN SEE HERE WE RECEIVE A MONTHLY RATE FROM THE RESIDENTS. FOR THAT GOES INTO THIS THIS FUND AS WELL AS BUSINESSES. UM THIS DOES NOT PROPOSE ANY RATE INCREASES, BUT WE WILL WORK ON THIS YEAR REVIEWING OUR RATES TO MAKE SURE THAT WE ARE RECEIVING WHAT WE NEED TO RECEIVE IN ORDER FOR THIS FUND TO REMAIN OPERATIONAL EXPENDITURE WISE, THIS HAS THREE FULL TIME EMPLOYEES. THESE POSITIONS ARE CURRENTLY VACANT. THIS FUND PAYS FOR ALL THE STREET SWEEPING FOR STORM, WIDER COMPLIANCE AS WELL. UM AS ANY C I P PROJECTS THAT COME OUT OF THE DRAINAGE FUND, AND THIS BUDGET DOES ASSUME THAT 1.8 MILLION PROJECTED COSTS FOR THE 10 MILE CREEK EROSION REPAIR PROJECT. AND THEN LASTLY, HERE, THE ECONOMIC DEVELOPMENT FIND AGAIN. THIS IS SUPPORTED BY HALF CENT SALES TAX, WHICH THE 3% IS PROJECTED HERE. FROM THE EXPENDITURE SIDE. THIS SUPPORTS FOR FOUR FULL TIME EMPLOYEES AND 1.5 FULL TIME EQUIVALENT, WHICH MEANS PART TIME WE HAVE SEASONAL STAFF THAT WORK, AND THIS INCLUDES ONE NEW POSITION. UM $100,000 FOR DEDICATED VEHICLE THAT STAFF CAN USE FOR POTENTIAL DEVELOPER AND SITE TOURS, UM, INCLUDES FUNDING FOR SPONSORSHIPS CONTINUES TO INCLUDE FUNDING FOR BEAUTIFICATION, LANDSCAPING AND SEASONAL PLANTS AND THAT NATURE AND THEN ALSO THE INVESTMENT. UM AND, UM, RETAIL CENTER, REVITALIZATION AND GRANTS AND SUCH, UM, TO HELP OUR BUSINESSES. AND JUST TO KIND OF A QUICK OVERVIEW OR SOME OF THE PROJECT HIGHLIGHTS THAT WE HOPE TO ACCOMPLISH IN THIS COMING FISCAL YEAR, UM, EXPANDING A REC CENTER. AH DOING THE HARRINGTON PART BOND PROJECT WITH THE CONCESSIONS AND THE RESTROOMS, UM, DOING THE CEDAR RIDGE ROAD CONSTRUCTION PROJECT, WHICH IS A BOND AND UTILITY. C I P FUNDED PROJECT. UM OREO BOULEVARD, WALK ABILITY, IMPROVEMENTS THAT WE'RE DOING. WE HAVE A CDBG GRANT THAT WILL PARTIALLY REIMBURSE THE COST OF THIS PROJECT. WALK ABILITY OVER 20. UM REHABBING THE SECOND SOUTH TANK AT DANIEL DALE. SO SOME THOSE ARE SOME OF THE HIGHLIGHTS OF C I. P AND JUST REMINDERS REMAINING DATES. SO ON THE 19TH OF THE COUNCIL MEETING WILL HAVE THE PUBLIC HEARING ON THE TAX RATE SPECIFICALLY, AND THEN THAT NIGHT. UM WE WILL. WE WILL ADOPT THE BUDGET AND TAX RATE. AND THAT IS ALL I HAVE FOR THE PRESENTATION. THANK YOU, MR. CITY COUNCIL BEFORE WE GO INTO AN OPEN HEARING. I WOULD LIKE TO POINT YOUR ATTENTION TO THE LAST SENTENCE IN THE PACKET THAT WE HAVE, AND I WILL READ IT. UNDER POLICY EXPLANATION THAT STATES THERE IS NO ACTION TO BE TAKEN AFTER THE HEARING. COUNCIL CAN DELIBERATE THE BUDGET WITH THE CONSENSUS AND GIVE STAFF DIRECTION TO MAKE ANY CHANGES AS NECESSARY. THEREFORE WE ARE GOING TO HEAR FROM INDIVIDUALS, CITIZENS WHO HAVE COMMENTS ABOUT THE BUDGET. WE WILL THEN DISCUSS THE BUDGET IN GENERAL, THERE'S NOTHING TO BE APPROVED OR DENIED TONIGHT. THIS IS INPUT FROM CITIZENS AND INPUT FROM COUNCIL MEMBERS. AS THE GOVERNING BODY TO THE STAFF IN TERMS OF THE CREATION OF THE BUDGET AND THE TAX RATE THAT WOULD BE DISCUSSING IN THE NEXT CITY COUNCIL MEETING. SO WITH THAT, IN IN CONTEXT WHAT WE NORMALLY DO DURING THE PUBLIC HEARING, AS WE HAVE 10 MINUTES FOR THOSE IN FAVOR AND 10 MINUTES FOR THOSE OPPOSED, BUT IT REALLY DOESN'T APPLY IN THIS PARTICULAR SENSE THAT WE HAVE TONIGHT FOR AN OPEN HEARING. SO INDIVIDUALS THAT WISH TO COME UP OR GOING TO HAVE AN OPPORTUNITY TO SPEAK. AND SAY WHAT THEY LIKE. DON'T LIKE ABOUT THE INFORMATION THAT'S BEEN PRESENTED ABOUT THE BUDGET FOR 23 24. WE THEN AS A COUNCIL BEAR TO MAKE NOTES ON THOSE PARTICULAR THINGS. WE CAN DISCUSS IT LATER. SO IN THAT BUT I THINK WE PROBABLY NEED TO DO NORMALLY WE ALLOWED 10 MINUTES FOR 10 MINUTES AGAINST I'M JUST SUGGESTING, AND I LOOK FOR THE COUNSELOR CONSENSUS THAT WE OPEN THE PUBLIC HEARING AND ALLOW FOR 20 MINUTES THAT WOULD TAKE WHAT WE NORMALLY HAVE, AS FOR AND AGAINST AND MAKE IT ONE AGGREGATE TIMEFRAME FOR PUBLIC HEARING FOR 20 MINUTES. IF IT TAKES 20 MINUTES. FINE. IF IT DOESN'T, THEN WE'RE REAL. THOSE TERRIBLE CLOSE EARLIER THAN THAT, IF I'M GETTING, YOU KNOW IF I JUST LOOK AT COUNCIL OF CONSENT TO OPEN THE PUBLIC HEARING FOR A 20 MINUTE TIMEFRAME VERSUS 10 AND 10 AS WE NORMALLY DO. THAT'S WHAT I'M PROPOSING. ACCEPTABLE. OKAY SO CITIZEN. EXCUSE ME, CITIZENS. CITY SECRETARY. WE'RE OPENING THE PUBLIC HEARING TIMEFRAME IS THOMPSON SORT OF TIME STAMP IS 8 42 AND I HAVE TWO CARDS HERE

[02:30:02]

FROM INDIVIDUALS WHO WISH TO SPEAK NOW, CONSIDERING THIS IS A PUBLIC HEARING IN ORDER TO SPEAK DURING PUBLIC HEARINGS DO NOT HAVE TO SUBMIT A CARD IN ADVANCE. SO I'M GONNA CALL FORWARD TO INDIVIDUALS WHO HAVE ASKED TO SPEAK, AND THEN THEY KNOW THEY'RE INDIVIDUALS PRESIDENT WHO WISHED TO SPEAK CAN COME FORWARD AS WELL. SO THE FIRST ONE I HAVE IS TERRY WEBB.

AND PLEASE STATE YOUR NAME AND THE ADDRESS FOR THE RECORD, SIR. TERRY WEB 11708 COUNTY ROAD. 40 90 SCURRY, TEXAS FORMER 50 YEAR RESIDENT OF NOT GONNA BE ABLE AND FORMER 34 YEAR EMPLOYEE OF THE CITY OF DUNCANVILLE WANT TO THANK THE COUNCIL MAYOR, CITY MANAGER FOR THE CONSIDERATION FOR THE UPDATED SERVICE CREDITS AND FOR THE COST OF LIVING RACES , ALTHOUGH IT IS AT 30% BUT WE DON'T APPRECIATE THAT CONSIDERATION. WE KNOW THAT THAT VOTE IS STILL TO COME. AND SO IT STILL HAS NOT BEEN TO FRUITION YET, BUT WE HOPE THAT THAT CONTINUES TO GO SO I ALSO WANT TO ASK THIS QUESTION HERE WHENEVER YOU LOOK AT NEXT YEAR. AND YOUR BUDGET FOR NEXT YEAR.

IF YOU IF YOU'RE ME IN 2008 I RETIRED. THAT WAS THE YEAR THAT COLORS AND THEY'RE JUST SERVICE CREDITS WENT AWAY. THAT WAS THE YEAR IT WENT AWAY. SO IT YOU CALL THIS AN ENHANCEMENT? I DON'T KNOW IF I WOULD CALL IT AN ENHANCEMENT. I THINK IT'S BRINGING BACK WHAT SHOULD HAVE BEEN THERE IN YOUR BASE PACKAGE AS AN EMPLOYEE BENEFIT FROM THE BEGINNING SINCE HARD ON IN 1973 , AND I WORKED MY 34 YEARS AND THEN BOOM, IT'S GONE. SO I APPRECIATE WHAT YOU'RE DOING. I KNOW FINANCES OR ISSUE. I KNOW THAT BUDGET, IS IT ISSUE BUT ALSO WANT YOU TO THINK FORWARD.

AND WHENEVER STAFF COMES BACK AND SAYS, OH, MY GOSH, WE CAN'T DO THIS INSTEAD OF JUST THROWING YOUR HANDS UP, SAY, OKAY. GIVE ME A PATH TO MAKE IT HAPPEN. LET'S FIGURE OUT A WAY TO MAKE IT HAPPEN AND BRING IT BACK TO THE BASE PACKAGE FOR AN EMPLOYEE SO YOU CAN MAINTAIN YOUR COMPETITIVENESS AS EMPLOYEES FOR THE FOR THIS AREA. IT'S VERY, VERY MUCH NEEDED. THANK YOU FOR YOUR TIME. I APPRECIATE YOU WORK THAT YOU'RE DOING THIS COUNCIL. I'VE WATCHED COUNCILS FOR MANY, MANY YEARS AND I APPRECIATE THIS VERY, VERY, VERY MUCH. BUT, UH I ALSO WANT TO SAY THAT AH! AS BEING. RETIREE FOR NOW, 15 YEARS OR SO. AH! I AM CONTACT WITH SEVERAL OF ADVERTISE AIRES AND THIS BENEFIT IS GOING TO BE VERY MUCH APPRECIATED. THANK YOU FOR THAT. PLEASE CONSIDER THIS AS PART OF YOUR BASE PACKAGE. YOU HAD YOUR NUMBER ONE PRIORITY WAS PEOPLE. AND THAT BUDGET PRESENTATION. YOUR NUMBER ONE PRIORITY WAS PEOPLE. WELL. TAKING CARE OF THAT BASE PACKAGE. SHOWS THAT THAT IS TRUE TO YOUR PIRATE PRIORITY. THANK YOU FOR YOUR TIME. THANK YOU.

EMILY BRIDGES. EMILY BRIDGES 418 OLEANDERS 75137. I AGREE WITH EVERYTHING HE JUST SAID. UH AND I LIKE THE PROJECTS THAT I'M SEEING THAT ARE COMING, ESPECIALLY THE ENHANCEMENT OF THE REC CENTER. BUT I DID SEE MASTER PLAN IN THERE AND I HOPE THAT THAT GETS APPROVED BECAUSE THAT WILL MOVE ALONG THIS PRESERVE, AND I THINK IT WOULD SHOW THE LAD FAMILY AND ACT OF GOOD FAITH AND WE MIGHT GET THOSE ADDITIONAL SEVEN ACRES SOONER THAN LATER. IF WE PROVE THAT, THANK YOU. THANK YOU. WE STILL HAVE TIME REMAINING AND OTHER INDIVIDUALS WHO WISH TO SPEAK CONCERNING INPUT FOR THE BUDGET. GENERAL ROBERTS 906 ROCK , ACADIAN. I ALSO WANT TO FOLLOW UP. UM THE EXCITEMENT AND THANK YOU FOR CONSIDERATION, AND I KNOW IT'S A COUNCIL MEMBER REQUESTS FOR THIS FINANCIAL SUPPORT FOR THE MASTER PLAN. I AM PART OF THE DUNCANVILLE NATURE CONSERVANCY GROUP. AND, UM, WE ARE ALIGNING. UM OUR STRUCTURE AND ACTIVITIES SO THAT WE CAN ALSO DO SOME FUNDRAISING AND THAT MASTER PLAN WILL ALLOW US TO THEN DETERMINE WHAT THINGS CAN WE DO? WHERE DO WE NEED MONEY, AND THAT'S THAT'S VERY EXCITING. UM SO, UM, THE CONSERVATION FUND AS WELL, UM, BUT WILL BE VERY HELPFUL. UM SO I JUST WANTED TO SAY THANK YOU ON THAT AND VERY SUPPORTIVE OF THAT. THANK YOU. THANK YOU. ANY OTHER INDIVIDUALS PRESENT WHO WISH TO SPEAK ABOUT THE BUDGET. SEEING NONE. THE CHAIR WILL ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING. MOVED SECOND MOTION OF CLOSE THE PUBLIC HEARING BY MR MCBURNETT SECOND MR COONS COUNCIL, PLEASE VOTE ON CLOSING THE PUBLIC HEARING. UNANIMOUSLY APPROVED TIMESTAMP

[02:35:05]

CITY SECRETARY 8 47. NOW TURN IT OVER TO CITY COUNCIL TO ASK ANY QUESTIONS OR ANY INPUTS THAT YOU MAY HAVE. MR. KOONTZ, PLEASE. THANK YOU, MAYOR. UH THIS FOR I C M. BROWN I KNOW THAT YOU DESCRIBED THIS BUDGET AS CONSERVATIVE AND SO IF YOU DON'T MIND EXPLAINING FOR THE PUBLIC AND WHAT EXACTLY YOU MEAN BY THAT? YES SIR. THANK YOU FOR THE OPPORTUNITY TO ANSWER THAT QUESTION. COUNCIL MEMBER COONS. YOU'RE ABSOLUTELY CORRECT. I DID DESCRIBE THIS BUDGET AS CONSERVATIVE AND I DID THAT FOR A NUMBER OF REASONS. UH FIRST OF ALL, WE HAVE A 2022 AUDIT THAT'S NOT COMPLETE. SECONDLY WE DO NOT HAVE A PERMANENT FINANCE DIRECTOR AND I AM SERVING AS YOUR INTERIM CITY MANAGER. AND SO FOR THOSE REASONS, I FELT THAT IT WAS VERY IMPORTANT THAT WE BRING A BUDGET BEFORE THE COUNCIL THAT YOU COULD CONSIDER UM, BASED ON THE THINGS THAT I'VE JUST SHARED WITH YOU, I DID NOT WANT TO HAVE A BUDGET THAT WAS AGGRESSIVE, KNOWING THAT THE AUDIT WAS NOT COMPLETE AND WE DON'T HAVE A PERMANENT FINANCE DIRECTOR AND WE DON'T HAVE A PERMANENT CITY MANAGER. THANK YOU. JUST ONE. FOLLOW UP TO THAT, BECAUSE, UH, I KNOW WHEN I WAS LOOKING AT THE BUDGET, AND I NOTICED IN SEVERAL CATEGORIES THAT LOOK LIKE THE EXPENDITURES WERE THE SAME AS OR LOWER THAN WHAT THEY HAD BEEN IN PREVIOUS YEARS. AND THEN YOU ACTUALLY KIND OF EXPLAIN WHY THAT WAS SO COULD YOU TALK ABOUT THE 5% CUTS THAT WERE MADE? YES, SIR. UM.

CITY STAFF HAVE BEEN MEETING AND DISCUSSING THE BUDGET. UM FOR QUITE SOME TIME. UM I ASKED ALL DEPARTMENT HEADS TO GO BACK AND SCRUB THEIR BUDGETS AND COME BACK WITH A 5% BUDGET CUT. AND THE DEPARTMENT HAD TO THEIR CREDIT. THEY WENT BACK, AND THEY EXAMINE THEIR BUDGET VERY CLOSELY, AND THEY DIDN'T MAKE THOSE THOSE CUTS. WE ALSO, UM, ELIMINATED A POSITION AT THINK MISS ALREADY MENTIONED THAT THE CHIEF INNOVATION OFFICER POSITION IS BEING ELIMINATED.

AND WE HAD A POSITION THAT WE WERE ADVERTISING A BUDGET AND GRANT ADMINISTRATIVE POSITION.

AND AS YOU COUNSEL, AS YOU CAN SEE, AND AS A PUBLIC SEES, MISS OD IS VERY GOOD AT WHAT SHE DOES , AND SO I FELT THAT THERE WAS NO NEED FOR US TO LOOK OUTSIDE WHEN WE HAVE SOMEONE INTERNALLY THAT CAN DO THAT JOB. AND SO THE CHIEF INNOVATION OFFICER WAS A POSITION THAT I ELIMINATED REGARDING THE LINE ITEMS AGAIN. THAT WAS PART OF THE DIRECTORS DIRECTION FOR ME. I WANTED HIM TO GO BACK AND THE SCRUB THEIR BUDGETS AND, UM WE WERE ABLE TO MAKE SOME CUTS AND NOT INCREASE SOME OF THE LINE ITEMS IN VARIOUS PLACES. THANK YOU. UM, I'VE GOT A QUESTION. I DON'T SEE ANY LIGHTS AT THE MOMENT. UM MISS OD. THE PROPOSED TAX RATE OF 0.6 46 0 34 IS BELOW THE VOTER APPROVAL RATE. YES, SIR, WHICH IS NECESSARY FOR US TO CONTINUE TO OPERATE TO THE CITY.

BASED ON THE VIDEO THAT YOU MADE, YOU KNOW, COMING UP WITH THOSE PARTICULAR NUMBERS FOR UM 1.568 MILLION THERE IS NECESSARY FOR THE FUTURE OF OPERATION OF OUR CITY. IF. 6 46 0 34 TAX RATE IS NOT APPROVED. WOULD THE CITY STILL BE ABLE TO ACCOMMODATE THAT 1.5 68 MILLION FOR THOSE ESSENTIAL OPERATIONS THAT YOU DID DELINEATED IN YOUR VIDEO? IN OTHER WORDS, IF WE'RE NOT. ABLE AS A CITY AS A GOVERNING BODY TO APPROVE THAT 6 46 0 30 34 TAX RATE. ARE THERE ANY ASPECTS OF WHAT THE CITY NEEDS TO CONTINUE OPERATING THE NEXT FISCAL YEAR THAT I HAVE TO GO THAT ARE GOING TO HAVE TO BE CUT AWAY. IN TERMS OF THOSE THAT YOU IDENTIFIED AS ESSENTIAL IN YOUR VIDEO. UM WELL , WE HAVE TO CONTINUE OUR PARTNERSHIPS, YOU KNOW, TO PROVIDE THE SERVICES AND WHAT THEY PASS ALONG TO US, YOU KNOW, WE DO HAVE TO MEET THOSE, UM AS I SAID THAT THE BULK OF OUR BUDGET, YOU KNOW, 64% AT LEAST IN THE GENERAL FUND ANYWAY, IS SALARY BENEFITS. SO REALLY, YOU KNOW IF WE DIDN'T HAVE THE 1.5 MILLION, WE'RE GOING TO HAVE TO START THEIR YOU KNOW, PERHAPS, YOU KNOW, FREEZE POSITIONS OR CUT SOME POSITIONS OR WHATNOT, BECAUSE THE BULK OF OUR EXPENDITURES DO COME FROM THERE. I'M SURE YES, WE COULD. YEAH OBVIOUSLY SCRUBBED THE BUDGET SOME MORE. YOU KNOW, I DON'T KNOW IF I COULD SPEAK CONFIDENTLY THAT WE WOULD BE ABLE TO COME UP WITH 1.5 MILLION AND OTHER PLACES IN ORDER NOT TO AFFECT PERSONNEL. OKAY, UM GUNS STILL WORKING ON THE TAX RATE AND GOING BACK TO OUR LAST CITY COUNCIL MEETING. THE MOTION THAT

[02:40:05]

THERE WAS RED AND IMPROVED SPECIFICALLY. BUT WE APPROVED WAS THAT WE WOULD NOT GO OVER THE 6 46 0 34. WHICH THEN OPENS THE OPPORTUNITY FOR THE COUNCIL TO CONSIDER SOMETHING LESS THAN THE 6 46 04 34. IN MR BROWN AND STAFF OF REVIEWING SINCE OUR LAST TIME THAT WE GOT TOGETHER LOOKING AT THAT. YOU KNOW, THIS IS A TIME FOR INPUT AND DISCUSSION ABOUT OUR BUDGET.

PERSONALLY AND SO I WILL MAKE MY INPUT PERSONAL. IS THAT LOOKING AT THE NUMBERS LOOKING AT EVERYTHING YOU'VE JUST IDENTIFIED FOR THE PROJECTS FOR THE NECESSITY FOR M AND O FOR I N S AND EVERYTHING WE HAVE COMING FORWARD. FOR FISCAL YEAR 23 24. MY PERCEPTION AND MY CALCULATIONS AND UNDERSTANDING WHAT YOU HAVE PRESENTED WITH ALL THIS DATA. IS THAT WE REALLY NEED THE 6 46 0 34 ANYTHING LESS THAN THAT COULD JEOPARDIZE THE ABILITY OF THE CITY TO OPERATE FUNCTIONALLY IN ALL ITS DEPARTMENTS, NOT JUST FIRE AND SAFETY BUT IN PUBLIC WORKS AND PARKS AND REC AND EVERYTHING THAT WE HAVE. SO THAT'S JUST MY INPUT. THAT'S MY THINKING ABOUT IT. MR BROWN AND MR CODY FRIEND , UH, FOR OTHERS ON STAFF THAT THAT I'M REALLY CONSIDERING THAT THAT 6 46 0 34 IS THE MAX. BELOW THE VOTER APPROVAL RATE. BUT IT'S SOMETHING THEY'RE AGAINST ESSENTIAL FOR US THAT HE CONTINUE AND KNOWING THAT IT WILL INCREASE RESIDENCES, PROPERTY TAXES BY $91 ROUGHLY DEPENDING ON THE VALUE OF YOUR HOME. YOU KNOW, WE HAVE SOME VERY EXPENSIVE HOMES IN OUR CITY . BUT I THINK THE AVERAGE IS WHAT LIKE TWO AND A QUARTER TO 5,222,000 WAS THE AVERAGE TAXABLE VALUE. YOU KNOW, LOOKING AT THAT, SO WE KNOW THE INCREASE THAT SOME PEOPLE ARE GOING TO EXPERIENCE IS GOING TO BE MORE MORE THAN THAT, $91. BUT THEN AGAIN, I THINK WHAT WE NEED TO LOOK AT IS THE GOVERNING BODY IS TO SAY THAT WE ARE TAKING CARE OF THE VERY BEST CARE OF OUR CITY AND FOR THE SAFETY OF OUR CITIZENS WITH OUR FIRE AND POLICE AND WHAT WE NEED TO DO, SO THAT'S JUST MY INPUT. AS WE COME FORWARD IN CONSIDERATION IN THE FUTURE, MR BROWN THAT YOU KNOW, I PERSONALLY AM UNDERSTANDING THE NECESSITY FOR THE 6 46 0 34. AND HOPE THAT WE AS A COUNCIL CAN COME FORWARD AND APPROVE THAT NEXT TIME WE GET TOGETHER, SO I HAVE NOTED MISS CHERRY CHERRY BROWN. YES, MA'AM. APART. AND YOU GO BACK TO SLIDE. I THINK IT WAS 8 89, AND YOU SAID SOMETHING ABOUT ADDITIONAL AID. POINT SOMETHING MILLION FOR ONE TIME FUNDS. THAT MY THIS ONE OR. NO I THINK IT WAS 89 SLIDE WAS IT? I'M SORRY.

89 89, OKAY? SO CAN YOU EXPLAIN IT TO ME A LITTLE BIT BETTER BECAUSE YOU'RE ONLY ONE TIME FUNDS. SO IS THIS SOMETHING THAT WE ALREADY KNOW THAT. PLAN FOR 24 OR NO, I'M FORGIVE ME FOR SAYING ONE TIME FUNDS, BUT WHAT I WAS SAYING, YOU KNOW, THE 8.8 MILLION. THAT'S THERE IN THE YELLOW IS THE EXCESS. THAT'S OVER OUR 75 DAYS SO THAT 8.8 MILLION COULD BE USED AS YOU CHOOSE TO FUND ONE TIME. THINGS. SO AGAIN, IT IS THE AMOUNT THAT'S OVER OUR TARGETED RESERVE THAT WE WANT TO SET ASIDE. YOU KNOW, UM SO IT IS, YOU KNOW, AVAILABLE. TO DO ONE TIME THINGS. IT'S NOT A RECURRING AMOUNT. THAT WE CAN COUNT ON IN THE FUTURE. BUT IT IS, UM OKAY? ALSO ANOTHER QUESTION. THE PROJECT HIGHLIGHTS ON 94. SO DO WE HAVE THE FUNDS FOR ALL OF THESE PROJECTS? WE DO. OKAY? OKAY, GOOD. THANK YOU, MAYOR. UM THANK YOU, JENNIFER. I APPRECIATE THIS. COULD WE GO BACK TO PAGE 89 AGAIN? SURE. SO THE TARGETED RESERVE FOR DUNCAN BE ABLE TO 75. BUT WE'RE ONLY REQUIRED BY LAW IS 60 DAYS RESERVATION. UM SO I THINK I'VE STATED BEFORE. I'M IN SUPPORT OF SUPPORTING THE EMPLOYEES AND SUPPORTING THE BUDGET. I JUST HAD A CONFLICT WHEN IT COMES TO CHARGING, UM, THE HIGHEST TAX RATE. SO IF WE ARE IN EXCESS OF

[02:45:02]

8.8 MILLION WHAT WOULD HAPPEN IF WE CONSIDERED DROPPING THE TAX RATE A LITTLE BIT AND THEN BECAUSE WE'RE ALREADY TAKING FROM THE EXCESS OVER TO DO OTHER ITEMS IS IT POSSIBLE? TWO. PULL FROM THERE AGAIN TO ADJUST. SO THAT WAY WE'RE NOT. PASSING A BURDEN ON TO THE CITIZENS DOES THAT DOES THAT MAKES PERFECT SENSE AND WHAT I WOULD SAY. AND FROM THE BEST PRACTICE STANDPOINT, YOU CERTAINLY DON'T WANT TO FUND RECURRING OR COMMIT YOURSELF TO RECURRING EXPENDITURES, SALARY AND BENEFITS. THAT IS A RECURRING COST. YOU CERTAINLY DON'T WANT TO COMMIT, UM DOING THAT, AND YOU DON'T HAVE THE RECURRING. FUNDING SOURCE. YOU MAY HAVE AT ONE TIME, BUT YOU CERTAINLY DON'T HAVE IT MOVING FORWARD. AND SO THAT IS THE ONLY, UM, CAUTION TO UTILIZING THAT TYPE OF STRATEGY, BECAUSE YOU DON'T YOU DON'T KNOW WHAT THE FUTURE HOLDS. YOU DON'T KNOW. UM WHAT MIGHT COME DOWN THE PIPELINE, ECONOMICS AND THINGS YOU KNOW? SO DO YOU WANT TO COMMIT ONE TIME COST FOR RECURRING EXPENDITURES? THANK YOU.

QUESTION GOING HANGING ON TO MISS GOODEN'S COMMENT ABOUT THE TARGETED RESERVE, MR BROWN. HOW DO I PHRASE THIS KNOWING THAT YOU'RE THE INTERIM CITY MANAGER? AND I KNOW THAT WE'VE DISCUSSED AS MISS GORDON SAID THAT THE STIPULATION HAS THAT WE NEED TO HAVE IT NOT LESS THAN A 60 DAY RESERVE. AND KNOWING THAT YOU'RE THE INTERIM CITY MANAGER AND NOT KNOWING WHEN A CITY MANAGER WOULD BE APPOINTED. DO YOU HAVE ANY OPINIONS? BECAUSE I VALUE THEM. I RESPECT YOUR OPINION AT THIS POINT AND MYSTERIES AS WELL. DO IS THE 75 DAY RESERVED EXCESSIVE AND SHOULD WE TAKE IT BACK TO THE MINIMUM REQUIREMENT OF 60? OR SOMETHING IN BETWEEN. THAT'S A THAT'S A GOOD QUESTION.

UM MAYOR AND I DO NOT BELIEVE IT'S EXCESSIVE AND PUTTING THE BUDGET TOGETHER. UM I CONSULTED WITH A NUMBER OF VETERANS CITY MANAGERS ACROSS THE DALLAS FORT WORTH METROPLEX BECAUSE I WANTED TO ENSURE THAT I WAS UM PRESENTING A BUDGET TO COUNSEL FOR YOUR CONSIDERATION. THAT WAS A PRUDENT BUDGET, A BUDGET THAT MET ALL OF THE FINANCIAL REQUIREMENTS AND. THE 75 DAYS WHILE IT'S CONSERVATIVE. IT'S SOMETHING THAT MANY CITY MANAGERS WILL PUT IN PLACE BECAUSE YOU NEVER KNOW WHAT THE FUTURE HOLDS. YOU NEVER KNOW IF A TORNADO IS GOING TO COME TO YOUR CITY. YOU NEVER KNOW WHAT TYPE OF EMERGENCY YOU'RE GOING TO HAVE. AND SO THERE'S TARGET RESERVE ALLOWS US TO HAVE AMPLE FUNDS AND OUR BUDGET TO ADDRESS EMERGENCIES DOWN THE ROAD. SO, UM, IT'S WHAT MANY CALL THEIR RAINY DAY FUND IF YOU WILL, THEIR SAVINGS ACCOUNT. AND ENSURING THAT WE HAVE AMPLE FUNDS AND OUR OUR SAVINGS ACCOUNT TO ME IS IT'S IN THE BEST INTEREST OF OUR CITY. THANK YOU, UM, FOLLOWING ONTO ONE OF THE COMMENTS THAT WAS MADE BY OUR CITIZENS ABOUT THE SERVICE CREDITS AND THE 30% COLA. THE THERE WAS A RHETORICAL QUESTION . I THINK IN THE COMMENT THAT WAS MADE LIKE ARE WE GUARANTEEING THAT'S GOING TO HAPPEN, AND I THINK WE ARE IN DISCUSSIONS THAT WE'VE HAD BOTH IN OUR RETREAT AND OTHER PLACES.

IN HOW YOU HAVE DESCRIBED THE ABILITY FOR US TO DO THAT AD HOC. FOR THE 100% OF SERVICE CREDITS AND THE 30% COLA. TO ANSWER THAT CITIZENS CONCERN. CAN WE TONIGHT? SAY THAT WE ARE WE? YOU ARE COMMITTED AS OUR INTERIM CITY MANAGER TO MAKING THAT THAT HAPPENED. YES, SIR.

THANK YOU. ANOTHER. COMMENT THAT WAS MADE BY SOME OF OUR CITIZENS WAS CONCERNING THE LATIN NATURE PRESERVE MASTER PLAN. AND I KNOW WHEN WE'RE TALKING ABOUT A BUDGET OF PUSHING $100 MILLION 50,000 DOLLARS IS JUST DOESN'T SEEM LIKE A LOT, BUT IT'S A MAJOR CONCERN TO THOSE THAT HAVE CONCERN FOR THAT PARTICULAR PROPERTY IS THE YOU KNOW, WE HAVE RECEIVED SOME INPUTS THAT THAT COULD BE SOMEWHERE BETWEEN 100 $150,000. IT COULD BE $75,000, BUT WE'RE BUDGETING $50,000. IS THERE? SOME THOUGHT THAT THAT IS REALLY ENOUGH AND TO CREATE A MASTER PLAN FOR THE LAD PRESERVE 50 OR, YOU KNOW, I'M THINKING THAT. MAYBE YOU OUGHT TO BE BUMPING UP JUST A LITTLE BIT. I DON'T I DON'T KNOW, BUT WE WERE BASING THAT 50 ON SOME IMPETUS THAT WE RECEIVED . SO I'M CURIOUS AS TO IN TERMS OF LOOKING AT THIS BUDGET AND THE OVERALLS I SAID WE'RE PUSHING $100 MILLION. BUT $50,000 IS SIGNIFICANT FOR THOSE THAT ARE DEEPLY CONCERNED ABOUT THE LAD PROPERTY. SO WHAT ARE YOUR THOUGHTS, MR BROWNER? MISS OD ON ON THAT DOLLAR AMOUNT FOR

[02:50:04]

THAT LAND PROPERTY MASTER PLAN. WE ASKED MR BARK THIS EVENING STONE TO MAKE CONTACTS AND GET US A GOOD NUMBER AND THAT'S WHAT HE DID. AND I DON'T RECALL THE EXACT NUMBER, BUT I THINK IT'S A LITTLE BIT LESS THAN 50,000. AND SO THAT'S WHY WE BUDGETED $50,000. ALL RIGHT. THANK YOU.

AH! WELL MY THOUGHTS FOR THE MOMENT AND MR CONTRERAS? YES, SIR. PLEASE. THANK YOU, MAYOR.

UM AND THIS IS, UH. QUESTION FOR MISS SOTO THAT GOES BACK TO A NUMBER THAT WE WERE GIVEN IN OUR BUDGET BOOK. AND I CAN'T FIND IT NOW YOU AND I TALKED ABOUT IT. IT WAS THE ACTUAL DOLLAR FIGURE THAT REPRESENTED THE INCREASED AMOUNT OF. MONEY THAT WOULD BE GENERATED BY GOING WITH IT. WITH THE CEILING LEVEL THAT WE WERE ALLOWED TO BUY A LOT. REMEMBER WHAT THAT NUMBER WAS? $7 MILLION. SORRY CAN YOU SAY THAT QUESTION AGAIN? IT WAS. IT WAS THE NUMBER THAT REPRESENTED.

WHAT. WHAT INCREASE WOULD LOOK AT A DOLLAR AMOUNT THAT WE WOULD BE LOOKING AT. BY GOING TO THE HIGHEST OH, YES. OKAY SO, UM, I PROVIDED, YOU KNOW, WHAT DOES IT LOOK LIKE AT THE NO NEW NEVER KNEW THAT NO NEW REVENUE RATE VERSUS THE PROPOSED RATE VERSUS THE, UM, THE HIGHEST VOTER APPROVAL RATE AND IT WAS ONLY A DIFFERENCE OF ABOUT 5 $7000. IF WE WENT TO THE HIGHEST AMOUNT NOW THAT WHAT'S BEING PROPOSED IS NOT YOU KNOW, THE HIGHEST AMOUNT. I SHOULD HAVE. I MARKED THE PAGE. I CAN'T FIND IT NOW. IT'S STILL NOT QUITE WHAT I WAS ASKING FOR. IT WAS THERE WAS AN AMOUNT OF MONEY THAT WOULD BE GENERATED AT THAT HIGHEST RATE. AND THE QUESTION THAT I HAD WAS AT THAT TIME WAS WHAT IS THAT MONEY GOING TO BE USED FOR? SO THAT WE CAN JUSTIFY TO THE PUBLIC WITH THAT MONEY WAS BEING USED FOR AND THAT WAS EXPLAINED TO ME BY YOU, AND I BELIEVE MR BALDWIN EXPLAINED IT AS WELL. SO I'M TYING THIS BACK THAT IF THAT PARTICULAR MONEY MEANT THAT IF WE CUT BACK AND REDUCED THE TAX RATE FROM THE HIGHEST LEVEL. WE COULD THAT THAT WOULD INTERFERE WITH SOME PROJECTS AND WITH SOME EXPECTED EXPENDITURES THAT WE REALLY DIDN'T WANT TO GET INTO NECESSARILY, SO WE DIDN'T REALLY WANT TO DO THAT. BECAUSE THAT MONEY WASN'T JUST THERE FOR FLUFF. IT WAS ACTUALLY MONEY THAT YOU PROJECTED TO BE USED. AND I UNDERSTOOD THAT I'M SAYING THAT TO GO BACK TO MS GOODEN'S QUESTION. THAT YEAH, IT'S A GOOD FAITH EFFORT TO LOOK AT WHAT WE CAN DO TO NOT PUT THE WHOLE BURDEN ON THE PUBLIC WHEN WE'RE GOING BACK TO LOOKING AT THIS $8 MILLION AH, IN THIS 75 DAYS RESERVE. CAN WE NOT HAVE A DISCUSSION ABOUT WHAT IT WOULD LOOK LIKE IF WE DROP BACK. TWO CENTS. I MEAN, IS THIS AS GOOD AS THIS KIND OF WHERE YOU WERE HEADED OUT? OKAY SO CAN WE NOT HAVE A DISCUSSION AND GET SOME NUMBERS TO SEE WHAT IT WOULD LOOK LIKE? AND WHAT THAT WOULD IMPACT INSTEAD OF IMPACTING THE AMOUNT THAT I WAS TALKING ABOUT BEFORE. THAT WAS HE WAS PLAYING ON WHAT THAT WAS GOING TO BE USED FOR. LOOK AT THIS AND SEE.

WHAT DOES IT DO TO THIS? WHAT DOES IT REDUCES? $8.8 MILLION ALMOST $8.9 MILLION. WHAT WOULD HAVE REDUCED IT BY IF WE WERE TO UM. MEET HALFWAY TO SAY TWO CENTS. ADDITIONAL TAX. UM AND WHAT IMPACT THAT WOULD HAPPEN. OKAY SO THAT'S JUST A DISCUSSION THAT I THINK WOULD BE EXACTLY WHAT WE'RE HERE FOR ITS ITS. IT'S WHY WE'RE HERE, AND THAT'S WHY WE'RE DOING THIS IS TO GIVE INPUTS IN TERMS OF WHAT OUR THOUGHTS WOULD BE. AND SO IF WE WERE TO DROP IT BACK TO SAY, SIX TWENTIES YOU'RE SAYING INSTEAD OF 60.64 DROP IT BACK 2.62. UM, THAT WOULD BE A TWO CENTS REDUCTION IN THE TAX RATE THAT'S BEING THAT'S BEING PROPOSED, AND THAT IS THE HIGHEST RATE THAT WE CAN GO BEFORE WE HIT THE VOTER APPROVAL RATE, RIGHT. SO WHAT WOULD THAT THAT TWO CENTS DIFFERENT IF WE TOOK IT FROM THE EXCESS RESERVE, AS MISS GOODEN, UM MENTIONED TO US WHAT WOULD THAT DO? WHAT'S THE ACTUAL DOLLAR REDUCTION THAT WE'D SEE IN THAT EIGHT POINT? ALMOST $8.9 MILLION. CAN YOU ANSWER THAT TONIGHT OR IS ACTUALLY YES. SO AT THE RATE THAT WE ARE PROPOSING THE 646 YOU KNOW THAT AGAIN THAT GENERATES AT 1.5 MILLION WOULD YOU HAVE SEEN THE

[02:55:04]

NO NEW REVENUE? IS THAT 0.60? SO IF YOU KIND OF GO HALFWAY BETWEEN THAT'S ABOUT 750,000 THAT WOULD YOU KNOW, UM, COME OFF OF THE REVENUE THAT'S GENERATED. SO YOU KNOW IF YOU DO THE MATH THERE, 750,000 YOU KNOW, ASSUMING THAT NOTHING ELSE HAS CHANGED IS ABOUT 750,000.

UM, THAT COMES OFF OF THAT. RESERVE COME UP OFF OF THE RESERVE. SO WHAT? WHAT WOULD BE, UM YOUR CONCERNS. FOR YOUR CAUTIONS AS YOU PUT IT. ABOUT COMING OFF 700. RIGHT OFF OF THAT RESERVE. I MEAN AGAIN. THE CONCERN IS THAT YOU KNOW AGAIN THE BULK OF THE EXPENDITURES OR THE INCREASES REALLY DO TIE BACK TO SALARY AND BENEFITS AND TWO PEOPLE. SO YOU KNOW, YOU CERTAINLY DON'T WANT TO COMMIT YOURSELF TO AN ONGOING EXPENDITURES SUCH AS SALARY AND BENEFITS AND FOR PEOPLE IF YOU DON'T HAVE THE ONGOING REVENUE TO SUPPORT IT, SO YOU KNOW, LOOK AHEAD OF, YOU KNOW, A YEAR OR TWO, YOU KNOW, UM BYRON POLICE. THEY'RE STILL GETTING THEIR STEP INCREASES THINGS LIKE THAT. UM NOT IF WE DON'T HAVE YOU KNOW THE REVENUE TO CONTINUE TO SUPPORT THOSE ONGOING COSTS, AND WE'RE GOING TO OBVIOUSLY HAVE TO CUT SOME OF THOSE ONGOING COSTS LATER, SO WE MAY BE UM YOU KNOW THE DECISION THAT YOU MAKE TODAY DO OF COURSE, HAVE THAT RIPPLE EFFECT DOWN THE ROAD AND, UM LET ME ADD COUNCIL MEMBER CONTRARY STOP, WE ESTIMATE OUR REVENUES AND WE ESTIMATE OUR EXPENDITURES AND SO IF WE WERE TO INCREASE SALARIES AND BENEFITS BASED ON ONE TIME MONEY THOSE SALARIES AND BENEFITS NOW ARE GOING TO CONTINUE AT THAT RATE. WHERE WE ARE USING ONE TIME MONEY TO SUPPORT THAT THAT NEW RATE BUT IF WE DO IT BY ESTIMATING WHAT OUR REVENUES ARE WELL, THEN THAT'S THE SAFE AND PRUDENT WAY TO DO IT BECAUSE WE'RE NOT USING ONE TIME MONEY TO SUPPORT ONGOING EXPENSES IF THAT MAKES SENSE. WELL, IT DOES. I'M STILL DISCONNECTED FROM MY BOTTOM LINE OF. BECAUSE I'M NOT TALKING ABOUT ONGOING EXPENSES HERE, AND MAYBE I'M MISSING SOMETHING. HELP ME OUT. IF WE TOOK THAT $750,000 OUT OF THIS RIGHT HERE ONE TIME. SO THAT WE COULD. NEGOTIATE A. TWO CENTS INCREASE RATHER THAN FORCE AN INCREASE.

I'M ASKING WHAT THAT. WHAT THAT DOES WHAT WHAT IS? WHAT IS THE DIRECT IMPACT OF THAT? YOU'RE GIVING ME AN ANSWER, BUT I'M NOT CONNECTING BECAUSE I'M NOT ASKING ABOUT, UM UH, REOCCURRING EXPENSES. I'M ASKING ABOUT ONE TIME REDUCTION HERE, TOO. COMPROMISE WITH THE WITH THE PROPOSED INCREASE OF FOUR CENTS. THE TWO CENTS. AND THEN IF THAT'S IMPRACTICAL, AND I'M MISSING SOMETHING I WANT TO KNOW SO THAT YOU KNOW, NOT WASTE ANYBODY ANYBODY'S TIME ON THIS SO AM I MAKING SENSE? EVERYBODY ELSE SEE WHAT I MIGHT BE MISSING HERE. I THINK ONE OF THE THINK IT WAS COUNCIL MEMBER COONS ASKED JENNIFER TO PUT TOGETHER A CHART SHOWING EXACTLY WHAT OUR REVENUES WOULD BE IN EXACTLY WHAT THE IMPACT OF THAT. TAX RATE WOULD BE AND WE'LL GET THAT TO YOU. UM, BUT JENNIFER AND MY AND MY CARONE RECALLING CORRECTLY, DIDN'T YOU CREATE A CHART SHOWING THE WHAT THAT WOULD BE HAD. YOU KNOW IF IT WAS THE NO NEW REVENUE RATE WHAT THAT WOULD DO TO REVENUES IF IT WAS THE I WAS TAX RATE. WHAT THAT WOULD DO THE REVENUES THAT CHART? YES YES, I SAW THAT. AW, MR COATS GO AHEAD. AND IT ALSO SHOWED WHAT THAT WOULD LOOK LIKE, AS FAR AS THE AMOUNT OF. AS FAR AS WHAT'S COMING OUT OF THE POCKET. YOUR CITIZENS AND YOU KNOW AT THE NO NEW REVENUE RATE. AND SO, BUT THAT'S NO NEW REVENUE RATE, RIGHT. YOU'RE TALKING ABOUT SOMETHING BETWEEN THAT AND WHAT WE'RE ACTUALLY LOOKING AT, AND SO I MEAN THAT THAT AMOUNT, WHICH WAS I DON'T KNOW. IT WAS I CAN'T REMEMBER ON TOP OF MY HEAD. IT WAS MAYBE A COUPLE $100 A YEAR. OUT OF THE POCKET, YOU KNOW OF CITIZENS, BUT THAT WAS BASED ON THE NO NEW REVENUE RATE. AND SO I MEAN, IT WOULD BE HALF THAT OR LESS THAN AT FORT. YOU KNOW, I GUESS WHAT YOU'RE TALKING ABOUT. FROM BOTH DIRECTIONS. WHAT IT WOULD MEAN TO THE TAXPAYERS IN TERMS OF WE'RE LOOKING AT SOMETHING HERE WITH THE NUMBER WE HAVE NO NEW REVENUE RATE IS DOWN HERE. AND YOU'RE TALKING ABOUT SOMETHING. RIGHT HERE IN BETWEEN, RIGHT AND IF WE IF WE LOOKED AT THAT, JUST AS A PART OF CONVERSATION, WE LOOKED AT THAT. AND. AGAIN I GO BACK TO THIS $8.9 MILLION HERE

[03:00:04]

AND WE SAY, WHAT IF WE TOOK IT OUT OF THERE? TO, UH SO I'M LOOKING. I'M LOOKING FOR WHY THAT IS NOT A GOOD SOLUTION. I'M GONNA ASK DENNIS, WOULD YOU COME UP AND MAYBE YOU CAN HELP ADDRESS THIS QUESTION, PLEASE? AMERICA COUNCIL. HOW YOU DOING TONIGHT? UM LET'S GO BACK TO THE DISCUSSION ABOUT FUN BALANCED. IT'S UNDERSIGNED RIGHT NOW. SO THOSE DOLLARS $0.8 MILLION ALMOST 3.9 MILLION. IS DISCRETIONARY ON YOUR PART. YOU'VE GOT 75 DAYS. YOU COULD GO LAST. YOU COULD GO HIGHER, BUT I WOULD SAY JUST SO YOU'LL GET A CLEAR PICTURE. THAT MONEY IS GOING TO BE USED AS YOU KNOW, TO RUN THE CITY. IN THE CASE OF EMERGENCY, YOU'RE GOING TO HAVE TO FUND THE CITY. LET'S SAY KIPPER BID A TORNADO COMES THROUGH AND WIPES OUT A LOT OF THAT, UH, THAT, UH, FUNDING THAT COMES FROM FROM THAT PART OF THE TOWN. RIGHT NOW. YOU HAVE THE GENERAL FUND, UNASSIGNED FUND BALANCE OR FUND RESERVE OR SAVINGS. HOWEVER YOU WANT TO LOOK AT IT. THAT IS HEALTHY. WHAT YOU DON'T HAVE IS YOU DON'T HAVE YOUR ENTERPRISE FUNDS HEALTHY. I'LL JUST GIVE YOU EXAMPLE AND CORRECT ME IF I'M WRONG. BUT YOUR DRAINAGE. FIND YOUR FIELD HOUSE. THOSE ARE ENTERPRISE FUNDS FROM MY UNDERSTANDING, AND THEY SHOULD HAVE A WORKING CAPITAL. THAT'S JUST LIKE A FUN BALANCE RESERVE THAT YOU USE. THE GENERAL FUND SHOULD BE APPLICABLE TO YOUR ENTERPRISE FUNDS, SO THEY'VE GOT THAT RESERVE AS WELL. OTHERWISE IT'S JUST NOT GOING TO BE JUST A GENERAL FUND DRAW DOWN. YOU'RE GONNA HAVE TO FIND THE WHOLE CITY AND YOU MAY HAVE ENOUGH IT MAY NOT BE SENDING FIVE. IT MAY 75 I WAS SCARED ME. IT MAY NOT BE 2025% TARGET RATE, IT MIGHT BE HIGHER. IT MIGHT BE LOWER. I DON'T KNOW, BUT WHAT WOULD BE PRUDENT WOULD BE TO HAVE THOSE ENTERPRISE FUNDS HAVE A RESERVE THEMSELVES BECAUSE THEY WILL HAVE TO BE SUPPLEMENTED. YOU'RE NOT GOING TO STOP FUNDING THOSE ASPECTS OF THE CITY DURING ANY KIND OF EMERGENCY, SO I DON'T KNOW WHAT THAT NUMBER LOOKS LIKE IN RELATION TO 8.9 MILLION. YOU HAVE A SET ASIDE ALREADY. AND IT MAY VERY WELL COVERED. ALL MAY NOT, I DON'T KNOW THE ANSWER TO IT. UM, CAN YOU USE A ONE TIME DRAW TO TAKE CARE OF, UH, TAX RELIEF. SURELY YOU CAN BUT UNDERSTAND IT'S NOT ONE TIME DRAW USED YOU. AND IT'S CALLED OPPORTUNITY COST UNIT SPENDING FOR THAT, INSTEAD OF WHAT IT WAS DESIGNED FOR SO TO SPEAK. THEN WHAT ARE YOU GIVING UP WHEN YOU DO THAT? WELL, YOU'VE GOT CAPITAL IMPROVEMENT PROJECTS THAT YOU KNOW AS WELL AS I DO ARE COMING THROUGH. ARE YOU GOING TO BE ABLE TO FULLY FUND THOSE? THOSE ARE KIND OF DECISIONS YOU HAVE TO MAKE BECAUSE YOU KNOW THAT'S ONE OPTION. BUT UM FUNNY IT WITHIN THE OPERATING BUDGET ITSELF IS ANOTHER OPTION TO AND YOU START TAKING SOME OF THOSE OPTIONS OFF , THE MORE IT GOES DOWN, AND ESPECIALLY RIGHT NOW, SINCE YOU DON'T HAVE THAT ACROSS THE ENTERPRISE WHERE EVERYTHING IS OPERATING WITH THE RESERVE FUND BALANCE. YOU GOT A HEALTHY ONE? NO DOUBT ABOUT IT. I WOULD LIKE TO SEE THE AUDIT FINISH BEFORE YOU SEE BEFORE YOU BECAUSE THAT WILL GIVE YOU MORE INFORMATION AS FAR AS THAT NUMBER, BUT IT'S DOABLE IF YOU WANTED TO. JUST KEEP IN MIND THAT THAT'S OPPORTUNITY COST YOU MAYBE. DECIDE ON SOMETHING THAT YOU'RE TAKING AN OPPORTUNITY TO DO. UH, ANOTHER WAY AWAY. OKAY. THANK YOU. YEAH. MR VERA CRUZ. THANK YOU, MARY. I WAS JUST GOING TO JUST COMMENT. YOU KNOW, INFLATION. AGAIN THE AUDIT. WE DON'T HAVE BACK YET. SO WE I WOULD RATHER BE WAY CONSERVATIVE. AND AT THE AT OUR MIDYEAR FINANCE REVIEW. FIGURE IT OUT FROM THERE, BUT WE GOT TO STAY. HEALTHY WE DON'T KNOW ABOUT WHAT'S GOING TO HAPPEN. SO IT WAS JUST MY COMMENT, SIR. THANK YOU, MR BALDWIN. MR. BROWN. GOOD. I'M TRYING TO REMEMBER. MAY BE WRONG. THE ROUGHLY, WE HAVE A $3 MILLION SHORTFALL ON THE CONSTRUCTION OF NEW FIRE STATION. DID WE NOT SAY THAT THAT $3 MILLION SHORTFALL IS GOING TO BE TAKEN FROM THIS RESERVE? THAT'S HOW WE WERE GOING TO COVER. SOME OF THE SHORTFALLS ON SOME OF THE BROWN PROJECTS APPROVED IN 2018 THAT HAVE INCREASED BY INFLATION SINCE THEN, THAT WE WERE GOING TO USE SOME OF THIS MONEY IS NOT NOT WHERE WE'RE GOING TO COVER SOME OF THE SHORTFALLS. WE ARE DRILLING DOWN ON FIRE STATION ONE AND WERE RECENTLY TODAY WITH CITY MANAGER HAVING THAT DISCUSSION. UM YOU'VE GOT. TO FIND POSSIBLE FUNDING SOURCES FOR YOUR SHORTFALL. ONE IS THE ART OF FUNDING AND THE OTHER ONE IS YOUR FUND BALANCE. THEY COST OF THE FIRE STATION IS HIGHER THAN WHAT WAS PROJECTED. AND SO YOU THOSE ARE THE TWO DRAWERS THAT YOU'RE GOING TO HAVE TO MAKE, OR YOU CAN ISSUE THAT BECAUSE TO BE A THIRD OPTION.

THE FINAL NUMBER HAS NOT BEEN DETERMINED. WE'RE TRYING TO GET THAT SOLIDIFIED NOW. SO WE KNOW EXACTLY HOW MUCH MONEY ABOVE THE GUARANTEED MAXIMUM PRICE FOR THE TOTAL PROJECT. WILL BE AND THAT

[03:05:01]

HAS NOT BEEN DETERMINED. THEY'RE WORKING ON IT. WE'RE ALMOST TO THAT POINT. WE'LL HAVE THAT QUANTIFIED AND WE'LL KNOW EXACTLY HOW MUCH WE'RE SHORT. RIGHT NOW. YOU HAVE ENOUGH HARPER FUNDING WE BELIEVE IF YOU EARMARK TAKE THE EARMARKS. IT'S THERE. SOME OF IT WON'T MAKE IT.

AND IT'S GONNA AND SOME OF IT WILL, BUT MOST OF IT WON'T AND WE'LL END UP TAKING THAT MONEY OUT FOR JUST WHAT WE RECOMMEND TAKING THAT SHORTFALL OUT OF THE ART OF FUNDING. THAT SIDE. THAT ASIDE, YOU'VE GOT OTHER COMMITMENTS THAT IT WAS EARMARKED FOR THE ART OF FUNDING THAT NOW NEEDS TO BE FUNDED AND ONE OF THE THINGS WE'RE LOOKING AT IS THE FIELD HOUSE AND WE DON'T KNOW THE EXACT NUMBER. WE'RE GETTING READY TO ISSUE. UM UM NOT AN RFP, BUT JUST TRY TO GET WHAT'S CALLED A FACILITY CONDITION ASSESSMENT TO FIND OUT JUST NOT WHAT THE PROBLEM IS.

BUT WHAT OTHER PROBLEMS ARE FACING THAT FIELDHOUSE WE GET THAT WE'LL BE ABLE TO LOOK AT WHAT FUNDING SOURCE AND IN ALL LIKELIHOOD IS PROBABLY GOING TO HAVE TO LOOK AT IF YOU'RE GOING TO DO IT WITH EXISTING RESOURCES COMING OUT OF THE FUND BALANCE. UH SO THE ANSWER YOUR QUESTION.

WE DON'T HAVE IT TOTALLY QUANTIFIED. WE CAN TELL YOU A LOT, BUT WE DON'T HAVE THE STUFF THAT WE NEED TO BRING BEFORE YOU AND SAY THIS IS THE THIS IS THE NUMBER YOU NEED TO SEE. AND RIGHT NOW WE'RE CLOSE. BUT WE'RE NOT THERE YET. SO IN ESSENCE, THIS $8.9 MILLION THAT WE'RE LOOKING AT IS IT'S NOT SET IN STONE YET, BUT IT'S A BOGEY THAT WE MAY HAVE TO TOUCH. YES AND IF WE TOUCH IT TOO FAR, WE MAY END UP HAVING TO TOUCH SOME MONEY FROM SOMEWHERE ELSE. WHEREAS THIS IS GOING TO BE LIQUIDITY, WE MAY LOSE OUR LIQUIDITY BY MEN BY MESSING WITH THIS NUMBER, AND THAT'S MY FEAR. UNTIL WE KNOW WHAT THAT FIRE STATION IS GOING TO, AND IT'S NO ONE'S FAULT IS WHERE WE'RE AT. SO NOW WE'RE LOOKING AT QUANTIFYING IT. SEEING HOW MUCH WE'RE SHORT.

MAKE SURE WE GOT THE FUNDING AVAILABLE TO DO IT. AND PREFERABLY USING CARPET FUNDING.

SINCE THAT WAS FEDERAL FUNDING TO START WITH JUST REALLOCATE THOSE EARMARKS TO SOMETHING ELSE THAT TAKE CARE OF THIS ONE PROJECT THAT'S 85% COMPLETE. LET'S GET IT FINISHED, AND NOW THE WAY AND LOOK AT THOSE OTHER OPTIONS THAT WE HAD TO TAKE OFF THE TABLE THAT OPPORTUNITY COSTS BECAUSE WE'RE DOING THAT. WHAT ELSE CAN WE DO TO GET SOME OF THESE OTHER THINGS THROUGH AND THAT'S WHERE YOU'LL HAVE TO RELY ON YOUR FUN BALANCE. AND THE OTHER ONE WE HAVE TO LOOK AT IS THE SERVICE CENTER. TRUE BUT YOU GOT FUNDING. YOU GOT SOME BOND MONEY ON THAT ONE. SOME IT'S TRUE FOR FIVE YEARS ALREADY AGREE WITH YOU AGREE WITH THE MAYOR COSTS OVER THINKING YOU'RE 100% RIGHT? AND WHAT WE NEED TO DO IS WE NEED TO KNOW ASSESSMENT TO MAKE SURE WE MAKE THEM THE MAXIMUM USE OF THAT THOSE DOLLARS AVAILABLE SO WE DON'T GET IN A POSITION WHERE WE'RE SAYING IT'S GOING TO BE A $3 MILLION EXPANSION IS REALLY GOING TO BE AN $8 MILLION EXPANSION. THOSE DAYS SHOULD BE DONE WITH. I THINK WE ALL CAN AGREE TO THAT. WE WANT TO TELL YOU WHAT IT IS, AND WE WANT TO FACTOR IN ANY KIND OF FUTURE INFLATION RATE THAT MAY BE ASSOCIATED WITH THAT BASED OFF HISTORICAL INFORMATION. YOU KNOW YOU CAN USE THE CPR IF YOU WANT TO. BUT YOU SHOULD ALSO BE LOOKING AT THE PPE. IT'S A PRODUCER PRICE INDEX. THERE'S OTHER THINGS. YOU LOOK AT YOU LOOK AT THE FED'S DOING AND YOU SEE WHETHER THIS IS THE TIME TO DO IT, AND THAT'S WHERE YOUR UM FEASIBILITY STUDY SHOULD BE DONE BEFORE YOU DO WELL, AND I'LL TELL YOU WHAT IT'S A GOOD TIME TO DO IT OR NOT, IF INTEREST RATES ARE GOING UP, INFLATION IS GOING UP. IT'S NOT THE TIME TO BUILD THIS FIRE STATION REGARDLESS THAT IT DID START WHEN IT WAS 9% INFLATION. THAT'S PROBABLY NOT THE BEST TIMING TO START A PROJECT. BUT WE DIDN'T HAVE A NEEDS ASSESSMENT, SO WE DIDN'T KNOW THAT. BUT I DON'T THINK WE SHOULD MAKE THAT MISTAKE. QUIET NOT A MISTAKE, BUT I DON'T THINK WE SHOULD BE DOING THAT FORWARD. LET'S LOOK AT THAT. THAT SERVICE CENTER, UH FROM A FROM THE GROUND LEVEL UP WHAT WE NEED TO DO, HOW MUCH MONEY WE HAVE AND HOW MUCH WE SHORT GOING INTO IT, AND IF IT'S AN ISSUANCE OF THAT WILL BRING THAT FORWARD OR STAFF WILL OR IF IT'S SOMETHING WE HAVE ENOUGH MONEY, OR MAYBE ENOUGH IN THE IN THE FUND BALANCE TO DRAW. MAYBE THAT'S AN OPTION. BUT WE'RE NOT THERE YET. YEAH I THINK AS MR BROWN CHARACTERIZES TERM EXCESS OVER RESERVED THE RAINY DAY FUND UM WE MIGHT ADD A THIRD. BUT WE'RE GOING TO LINDA LINGUISTIC EUPHEMISM TO THIS TO THIS $8.9 MILLION AS IT'S OUR POTENTIAL TO AVOID IN LIQUIDITY, RIGHT. THIS IS LIQUIDITY, AND IF WE NEED IT, IT'S GOING TO BE THERE FOR US.

IF IT'S NOT GOING TO BE NEEDED, THEN WE THEN WE CAN HAVE OTHER USES FOR ITS BENEFIT. THE MIDEM RL AND I N S IN TERMS OF WHAT WE HAVE FOR OUR CITY. RIGHT SO LOOK AT THAT THE DIFFERENCES AND SAYING OH, YOU KNOW, WE GOT $8.9 MILLION SITTING AT A BUCKET. LET'S GO FIND WAYS TO USE IT.

I'M SAYING AS IT'S SHOWING RIGHT NOW. WE BETTER WATCH THIS VERY CAREFULLY UNTIL THINGS ARE COMING, TOO. AND DON'T TOUCH THIS BECAUSE AS IT WAS SAID, TAKING IT DOWN FROM 0.642 0.62 IS THE $700,000 DIFFERENCE ROUGHLY INSTEAD OF GOING DOWN 2.60 WHERE WE'RE AT AND SO THAT'S THE THAT WOULD BE THE END. AND ARE THERE NO NEW REVENUE RATE? THAT'D BE DOUBLE THAT? SO WE'RE TALKING $1.4 MILLION DOWN FROM 8.98 0.9. IN BEST CASE, WORST CASE, DEPENDING ON YOUR SITUATION AND HOW YOU LOOK AT THE TAX RATE, SO THAT'S WHAT WE AS A COUNCIL NEED TO

[03:10:04]

CONSIDER LOOKING AT THIS EIGHT POINT AND THEN $9 MILLION TODAY IS THAT IT'S FOR FUTURE USE IS ALMOST GUARANTEED THAT WE'RE GOING TO HAVE TO USE THE SOMEWHERE BECAUSE OF WHAT'S HAPPENED WITH THE BOND PROJECTS. WHAT WE'RE LOOKING AT WITH C I. P S AND SOME SHORTFALLS, SO I JUST WANTED TO THROW SOME SOME THOUGHTS OUT ON EVERYTHING YOU HIT THE WORD LIQUIDITY IS VERY IMPORTANT, BUT THAT YOU SHOULD APPLY THAT SAME TEST ACROSS THE ENTERPRISE FOR YOUR ENTERPRISE FUNDS. THOSE ARE BUSINESSES SORT OF SPEAK MODELS THAT WHAT THEY SHOULD BE JUST AS RESILIENT AS ANYTHING ELSE WHICH EXCUSE ME, WHICH WOULD RELIEVE SOME OF THAT SOME OF THAT REQUIREMENT FOR THE FOR THE ORGANIZATION AS A WHOLE , BUT YOU REALLY NEED TO START WORKING ON GETTING THOSE A LITTLE BIT MORE. LIQUID HAVE THAT LIQUIDITY BUILD UP IN THOSE ENTERPRISE FUNDS, AND RIGHT NOW THERE'S SOME THAT ARE CHALLENGED AND IT DOESN'T HAPPEN OVERNIGHT . YOU HAVE TO HAVE A PLAN AND YOU CAN. YOU MAY ONLY MAKE 1% IMPROVEMENT A YEAR, BUT AS LONG AS YOU'RE MAKING IMPROVEMENTS, STAFF CAN COME UP AND SAY, AND THAT COULD BE YOUR POLICY. YOU CAN SAY AS LONG AS WE'RE MOVING FORWARD, AND WE'RE RAISING IT FROM WHERE WE'RE AT TWO BETTER THAN THE PREVIOUS YEAR. THAT MAYBE THE STRATEGY BECAUSE SOME OF THESE ARE IN PRETTY BAD SHAPE AS FAR AS TRYING TO GET IT TO WHERE THEY CAN EXIST ON THEIR OWN, BUT THAT'S A THAT'S SOMETHING THAT NEEDS TO BE BUILT INTO YOUR PLAN FOR THIS ORGANIZATION TO START BRINGING LIQUIDITY ACROSS THE BOARD OF THE ENTERPRISE, WHICH WOULD RELIEVE SOME OF THE STRESS YOU HAVE, OR THE ANTICIPATED STRESS THAT YOU HAVE HERE. RIGHT. VERY GOOD. THANK YOU. UH, JERRY BROWN. THANKS. A C M. BROWN YES, MA'AM. WILL YOU PROVIDE US WITH THE LIST OF THE EARMARK OPERA PROJECTS? YES, MA'AM. OKAY. ANY OTHER INPUTS THOUGHTS. MR MCBURNETT. THANK YOU, MAYOR. MR BROWN ALSO TELL YOU THANK YOU FOR YOUR PRESENTATION. I DEFINITELY AGREE WITH THE CONSERVATIVE APPROACH. I'M GLAD TO SEE THAT WE MOVED THE RESERVE TO 75 DAYS. FROM THE PAST GROUP. UM I THINK THAT'S A WISE MOVE.

UM I'M STILL GOING TO EXPRESS AND MAYOR. WHEN IT COMES TIME OF THIS, I WILL ABSTAIN BECAUSE BASICALLY, WE DON'T HAVE AN AUDIT. AND WE'RE LOOKING AT THESE NUMBERS, BUT WE DON'T KNOW. THANK YOU. THANK YOU, MR MCBURNETT. UM, IT'S WHAT YOU JUST SAID, IS EXTREMELY IMPORTANT AND WE ARE LOOKING AT A HEARING IN OUR NEXT CITY COUNCIL MEETING THAT IS PRIOR TO WITH THE FINDINGS OF THE AUDIT, IF I UNDERSTAND CORRECTLY, UM SO . NOT MUCH MORE TO SAY IN IN TERMS OF THE UNCERTAINTY THAT WE'RE FACING. THE ONLY THING I COULD GO BACK TO, AND IT'S CORRECTLY STATED THAT MR BROWN AND STAFF HAVE DEVELOPED A VERY CONSERVATIVE BUDGET, NOT KNOWING THE CERTAINTY OF WHAT THE AUDIT IS GOING TO PROVE. AND SO WHAT WE ARE LOOKING AT STILL IS SOMEWHAT ETHEREAL. IT'S FUZZY ON ITS OWN SEDGES. BUT THE BEST THAT WE CAN DO IS THE GOVERNING BODY FOR THIS CITY IS EXCEPT WHAT THIS STAFF HAS PUT TOGETHER FOR MANY, MANY MONTHS SINCE WE KNOW THAT THE BUDGET SEASON STARTED IN MARCH. AND WE'RE LOOKING AT NOW, CULMINATING THIS IN SEPTEMBER. AND THE AND THE AND THE MANY, MANY HOURS THAT HAVE GONE INTO WHERE WE ARE, AND MR BROWN HAS SAID THAT EVERYBODY WAS ASKED TO TAKE A 5% CUT. AND HOW THAT IS PRODUCED WHAT WE HAVE TODAY. SO YES, MR MCBURNETT . I AGREE WITH YOU IN THE COMMENTS AND THE THOUGHTS THIS IS THIS IS WHAT WE'RE ALL ABOUT IN TERMS OF EXPRESSING CONCERN. THAT I THINK ALL OF US HAVE.

BECAUSE WE DON'T KNOW THE CERTAINLY DO. WE DON'T HAVE A CONCRETE BUDGET IN FRONT. WE HAVE A BUDGET, BUT IT'S NOT IN CONCRETE BECAUSE WE DON'T KNOW WHAT'S GOING TO BE HAPPENING UNTIL WE ACTUALLY GET SOME INFORMATION FROM THE AUDIT COMMITTEE. MR BALDWIN, I THINK YOU'RE MOTIONING AND HAVE SOME COMMENTS. YES SIR. FOR CLARITY. UH THE MEETING LATER THIS MONTH THAT WE TALKED ABOUT EARLIER IS TO SELECT AN AUDITOR FOR THE 2023 FISCAL YEAR. THE ONE YOU'RE CURRENTLY GETTING READY TO CLOSE OUT. THAT'S THE PURPOSE TO MEET TO HAVE A SELECTION ON WHICH AUDITORS GOING TO DO THAT AUDIT MOVING FORWARD. WE MAY VERY WELL HAVE THE FEEDBACK FROM MCCONNELL JONES. ON THE FISCAL YEAR 22 AUDIT. IF WE HAVE, IT WILL CERTAINLY BRING IT AND CLOSE THAT CHAPTER OUT. BUT AT THIS STAGE I DON'T HAVE THAT. I DON'T HAVE THAT ASSURANCE FROM THEM.

BUT THAT'S WHAT WE'RE GOING TO TALK ABOUT TONIGHT WHEN I DO MY PRESENTATION. WELL, OKAY, THAT'S BUT IT'S THE AUDITORS SELECTED AUDITORS. I WAS TAKING THE MEETING ON THE 20 NUMBER. YOU'VE CHANGED IT TO THE 25TH. THAT THE 25TH WAS GOING TO BE THE DISCUSSION OF THE END RESULT OF

[03:15:03]

THE AUDIT ITSELF. IT'S FOR THE SELECTION. THE AUDIT COMMITTEE IS GOING TO MEET ON THE 19TH TO SELECT RECOMMEND TO YOU, AN AUDITOR FOR THE FISCAL YEAR, 2023. BUT WILL THE AUDIT COMMITTEE HAVE THE CLOSING RESULTS OF THE AUDIT ON THE 19TH? I DON'T KNOW THAT ANSWER FOR THE 2022 AUDIT. I DO NOT. I DO NOT KNOW THE ANSWER TO THAT. YOU'LL KNOW WHY. WHEN I GAVE YOU A LITTLE BIT INFORMATION TONIGHT. IF YOU WHEN THE PRESENTATION WILL HAVE AN OPPORTUNITY TO TALK ABOUT THE AUDIT ITSELF, BUT I'M TALKING ABOUT WHAT THE NEXT MEETING IS GOING TO BE ABOUT IS ONCE THEY RECOMMEND TO YOU ALL WHICH AUDITOR FIRM THAT THEY WOULD RECOMMEND YOU ALL MAKE A DECISION AND THEN WHAT WE'LL DO IS ENTERING THE CONTRACT FOR THE FISCAL YEAR 23 AUDIT. OKAY? THANK YOU FOR THAT. ALRIGHT IF WE'RE SETTLED, WE'LL GO AHEAD AND. ANY FURTHER COMMENTS ON THIS. WE'LL GO AHEAD AND CLOSE THIS ISLAND AND ONE. OKAY THANK YOU, MR COATES. I JUST THOUGHT YOU LIKE, COME ON. NO, I JUST WANTED TO SAY THANK YOU TO JENNIFER OD AND THE STAFF ARE PUTTING TOGETHER THAT VIDEO. I KNOW THAT WHENEVER I'M ASKED BY CITIZENS ABOUT THE BUDGET IS 200 SOMETHING PAGES AND YOU DON'T EVEN KNOW WHERE TO BEGIN. AND SO I THINK THEY DID A GREAT JOB OF JUST BRING OUT SOME OF THE HIGHLIGHTS. UM AND JUST COMMUNICATING. WHAT'S IN THERE? SO THANK YOU. YEAH, THERE WAS A SUPERB VIDEO. THANK YOU FOR THAT. OKAY? WHERE ARE WE? UM. FIVE D AS IN DELTA. CONSIDER A RESOLUTION AUTHORIZING CONTRACT

[5.D. Consider a Resolution authorizing a contract with Prime Controls, sole source procurement to replace the City's existing SCADA (Supervisory Control and Data Acquisition) System software and equipment, and to provide ongoing maintenance, for a total expenditure amount not to exceed $480,000.00.]

WITH PRIME CONTROL SOLE SOURCE PROCUREMENT TO REPLACE THE CITY'S EXISTING SKATER, SUPERVISORY CONTROL AND DATA ACQUISITION SYSTEM, SOFTWARE AND EQUIPMENT TO PROVIDE ONGOING MAINTENANCE FOR TOTAL EXPENDITURE AMOUNT NOT TO EXCEED $480,000. MR MATT RYAN, UTILITY SUPERINTENDENT, THE FLOOR IS YOURS. GOOD EVENING, MAYOR AND COUNCIL. I APPRECIATE THE OPPORTUNITY TO TALK TO YOU ABOUT THIS TONIGHT. AH SO WE ARE LOOKING AT UPGRADING OUR SKATER SYSTEM A LITTLE BIT OF BACKGROUND. IT WAS FIRST INSTALLED JANUARY 2016. SO IT'S APPROACHING EIGHT YEARS OF AGE AND FROM A RELIABILITY AND THE CYBER SECURITY POINT OF VIEW, IT'S TIME TO MOVE ON. AH! WE'RE LOOKING AT A 2022 2023 EXPANSE. SOME OF THAT WILL ROLL OVER IN THE NEXT FISCAL YEAR BECAUSE IT IS GOING TO TAKE TIME TO FULLY DEVELOP AND INSTALL THIS SOFTWARE AND THE HARDWARE. WE'RE USING UTILITY CAPITAL IMPROVEMENT FUNDS WITH THE MAXIMUM FENCE EXPENDITURE OF $480,000. SO WHAT IS SKATER SKATER STANDS FOR SUPERVISORY CONTROL AND DATA ACQUISITION. ESSENTIALLY, IT'S A NETWORK OF COMPUTERS AND VICE IS WORKINGFAO MANAGE ENTIRE OPERATION. THESE SYSTEMS ARE COMMONLY USED IN LARGE SCALE PRODUCTION OPERATIONS, FACTORIES AND, MOST IMPORTANTLY, THE UTILITIES INDUSTRY FOR WATER AND WASTEWATER. UH SOME OF THE EQUIPMENT THAT ARE GOES ALONG WITH THIS IS WHAT'S CALLED AN R T. U STANDS FOR REMOTE TERMINAL UNIT THAT IS OUR EXISTING SETUP. EU IS ESSENTIALLY A MESSENGER.

THESE DEVICES ARE LOCATED AT EACH WATER STORAGE FACILITY AND TRANSMIT AND RECEIVE INFORMATION ONLY A MASTER STATION OR COMPUTER, WHICH IS WHAT WE HAVE AT THE SERVICE CENTER. IS RESPONSIBLE FOR ALL COMMANDS ARE TO USE RECEIVED INSTRUCTION FROM THE MASTER AND THEN RELAY THAT COMMAND TO THE IMPLEMENT THAT PERFORMS A FUNCTION SUCH AS A PUMP STARTING OR A VALVE OPENING. AH WHAT WE ARE LOOKING AT MOVING TOWARDS IS PLC THAT STANDS FOR PROGRAMMABLE, PROGRAMMABLE LOGIC CONTROLLER. THAT IS A COMMANDER IN ITSELF. THESE DEVICES ARE ALSO LOCATED AT EACH WATER FACILITY. THE DIFFERENCE IS THAT WHEN THEY RECEIVE INFORMATION, SUCH AS A LOW TANK LEVEL, THEY USE PREDETERMINED PROGRAMMING TO SOLVE A PROBLEM OR GIVE INSTRUCTIONS TO COMPLETE A FUNCTION SUCH AS STARTING A PUMP. THIS IS A DISPLAY OF KIND OF HOW IT ALL WORKS. SO WE WOULD HAVE, UH INDIA RESERVES SUCH AS TABLETS, SMARTPHONES COMPUTERS, THOSE WOULD ALL TRANSMIT AND RECEIVE INFORMATION FROM THE PLC AND THE PLC IS ALREADY PRE PROGRAM TO KNOW WHAT TO DO AT ANY GIVEN MOMENT, BUT I AIN'T GIVING SCENARIO. THIS OUTLINES OF VARIOUS BENEFITS TO REPLACING OUR SYSTEM AND THE SECURITY SYSTEM IN GENERAL, SO OVERALL, IT PROVIDES 24 7 DRINKING WATER DISTRIBUTION AND MONITORING. UH AS I'VE TOLD YOU BEFORE. WE ALSO HAVE WATER PRESSURE MONITORING FIRE HYDRANTS THAT WE'RE WORKING ON. AND SO WE WOULD BE ABLE TO INTEGRATE THAT DATA INTO THE NEW SKATER SYSTEM. IT OFFERS SECURITY, SUCH AS INTRUDER ALERTS, FULLY AUTOMATED OPERATION. WE'RE NOT HAVING TO RELY ON HUMANS, STARING AT GAUGES AND PUSHING BUTTONS WHEN THE TIME IS RIGHT. MULTI LEVELS OF REDUNDANCY IT OFFERS REPORTING, AND IT OFFERS DATA TRENDS. SO SOME OF OUR EXISTING STATUS SYSTEM CONDITIONS IT IS

[03:20:07]

LIMITED IN AGING TECHNOLOGY. IT REQUIRES, UH WE'VE SEEN AN INCREASE. I SHOULD SAY IN MAINTENANCE TO KEEP THE SYSTEM FULLY OPERATIONAL. WE HAVE VERY LIMITED SUPPORT AND ON SITE SERVICE RESPONSE, THE MANUFACTURER OF OUR EXISTING SOFTWARE IS OUT OF NEW JERSEY, AND THERE IS ONE CERTIFIED TECHNICIAN INSTEAD OF TEXAS. UH, SO LET'S HIGH POINT OF VULNERABILITY THERE. WE HAVE HIRING YOUR MAINTENANCE AGREEMENTS COST EVERY YEAR FOR OUR CURRENT SYSTEM, COMPARED TO WHAT WE'RE PLANNING TO GO AND GOING WITH. THE SYSTEM AND COMPONENTS ARE COMPONENTS ARE BECOMING LESS RELIABLE AND OUR ONLY METHOD OF CONNECTING TO OUR SKATER SYSTEM REMOTELY. TODAY IS POTENTIALLY MORE VULNERABLE. HERE IS AN OUTLINE OF SOME BENEFITS TO THE PROPOSED SYSTEM WE'RE LOOKING AT IS A MUCH MORE USER FRIENDLY PLATFORM. IT WILL OFFER A THIRD LEVEL OF REDUNDANCY COMPARED TO WHAT WE CURRENTLY HAVE. MUCH MORE RELIABLE SOFTWARE, A LOCAL SERVICE PROVIDER. UH PROM CONTROLS IS OUT OF LEWISVILLE AND THE MANUFACTURER OF THE SKATER SYSTEM WE'RE LOOKING AT IS OUT OF HOUSTON. UM OPTION TO INTEGRATE ADDITIONAL FEATURES. I CAN LOOK INTO GO INTRUSION ALERTS IF THAT'S THE THING TOO SOON. AND MONITORING AND MALFUNCTIONING ALERTS THAT CHERYL LIFT STATION, WHICH IS SOMETHING THAT WE'RE GOING TO ADD THAT WE CURRENTLY DON'T HAVE. UH AND THIS AGREEMENT.

THIS PRICE WE'RE LOOKING AT WOULD INCLUDE ADDING, AH, THIS MONITORING TO SHARE LIFT STATION. SO THIS IS AN AERIAL VIEW OF OUR CURRENT CHERYL LIFT STATION. WE HAVE ONE LIFT STATION IN THE ENTIRE CITY, DUNCANVILLE, AND IT SUPPORTS ONE HOUSE, BUT IT WAS DESIGNED TO SUPPORT ALL FOUR PROPERTIES THAT ARE HIGHLIGHTED THE THREE PROPERTIES HIGHLIGHTED IN YELLOW. WE'RE STILL ON SEPTIC. THE GREEN LINE REPRESENTS THE EXISTING SEWER MAIN FROM THERE, IT ACTUALLY FLOWS SOUTH TOWARDS CAMP WISDOM. SO THE STAR THERE AT 4 31. CHERYL IS THE LOCATION OF THE LIFT STATION. THE SEWAGE FROM 4 31 FLOWS INTO LIFT STATION AND THEN PUMPS INTO THE MANHOLE ON THE LEFT SIDE OF YOUR SCREEN, WHICH IS THE WEST SIDE AND THE FLOW SEWAGE FLOWS FROM WEST TO EAST AND THEN DOWN CAMP WISDOM. AH! THESE ARE THE CURRENT CONDITIONS OF THAT LIFT STATION. SO THAT IS A CONTROL PANEL ON THE FAR LEFT. ALTHOUGH WE DON'T HAVE ANY CONTROL OR MONITORING, IT'S JUST A LARGE JUNCTION BOX. THE MIDDLE PICTURE IS OUR. I GUESS YOU'D SAY LIKE OBSTRUCTION LIGHTS. THEY'RE REALLY ALARM LIGHTS SO BECAUSE WE DON'T CURRENTLY HAVE ANY MONITORING OR CONTROL OF THIS SITE. WE HAVE TO DRIVE BY THIS SITE EVERY SINGLE DAY, INCLUDING WEEKENDS AND HOLIDAYS, AND THE PROTOCOL IS IF THE LIGHT THE WHITE LIGHT IN THE MIDDLE IS ON EVERYTHING IS OKAY IF THE RED LIGHTS ARE ON SOMETHING'S WRONG , AND IF NO LIGHTS ARE ON, THEN SOMETHING'S WRONG AND OR BULBOUS OUT. AND THEN THE THIRD PICTURE IS JUST STOOD BACK PICTURES SO YOU CAN SEE EVERYTHING ALL AT ONCE. THIS IS A RENDERING I CAME UP WITH JUST TO KIND OF GIVE YOU KIND OF UNDERSTANDING OF WHAT WE MIGHT BE CONSIDERING FOR THAT SITE. UH SO WE WOULD MAINTAIN OUR LED FIXTURES UP HIGH WHERE WE COULD DRIVE BY. IF WE COMPLETELY LOST EVERYTHING. WE WOULD STILL HAVE THAT BACKUP. WE'D BE ABLE TO DRIVE BY AND LOOK AT THE LIGHTS AND KNOW WHAT'S GOING ON. ONLY THIS TIME WE WOULD ACTUALLY HAVE A HAND OFF AUTO CONTROL PANEL THAT WOULD BE TIED TO THE PROPOSED SKATER SYSTEM SO WE COULD SEE IF THERE WAS AN ALERT ANY TYPE OF ISSUES GOING ON WITH THE SITE. WE CURRENTLY DON'T HAVE AN EXTERIOR POWER DISCONNECT. SO I WOULD ADD THAT JUST SO YOU COULD DISCONNECT POWER TO THAT BEFORE YOU HAD TO OPEN THE BOX AT ALL.

CURRENTLY WE HAVE TO GET INTO ALL THE OPEN AND EXPOSED WIRING AND KILL THE BREAKER. UM SO THAT'S JUST KIND AND WE WOULD HIGHLY ADVERTISE OUR EMERGENCY CONTACT INFORMATION AND ALL THAT FOR ANY HOMEOWNER, THE BE ABLE TO GET IN TOUCH WITH US. AND THAT IS IT. ANY QUESTIONS? THANK YOU, MR BRYANT. ANY QUESTIONS? MR KOONTZ. YES, SIR. JUST REAL QUICK ON THE PREVIOUS SLIDE. AND THEN THIS IS AN IN A ON A RESIDENTIAL PROPERTY, RIGHT? YES, SIR. YES CORNER OF THE BACKYARD. THAT IS CORRECT. IS THERE ANYTHING PREVENTING TAMPERING. YOU KNOW, THERE'S A POWER DISCONNECT RIGHT THERE ON THE OUTSIDE. I MEAN, WELL, THE BOX AND AGAIN WE HAVEN'T SELECTED THE EXACT MATERIALS. YET THE BOX WOULD BE LOCKABLE SO NOBODY WOULD BE ABLE TO GET IN IT. I COULD INSTALL A LOCKOUT FOR THE POWER DISCONNECT TO PREVENT SOMEBODY FROM JUST WALKING UP AND SHUTTING IT OFF. BUT PART OF INSTALLING THIS AS WE WOULD HAVE AH, THE MONITORING THAT WE WOULD HAVE WOULD ALSO INCLUDE POWER OUT OF JUST SO WE WOULD SEE IF THE UNIT LOST POWER. WE WOULD BE ABLE TO INSTALL UNINTERRUPTED POWER SUPPLY, WHICH WE CURRENTLY DON'T

[03:25:03]

HAVE. AND IT WOULD COMMUNICATE TO US VIA CELLULAR. ALL OF OUR SITES CAN COMMUNICATE SO EARLY.

YES, SIR. UH, MR CONTRERAS. HAVE YOUR MY CONCERT. AH! OKAY SO THE STAR THERE REPRESENTS THAT'S THE EXACT LOCATION OF THE LIFT STATION. AND YOU SAID THE THREE HOUSES IN YELLOW OR ON SEPTIC.

WELL, I'M BELIEVE THEY ARE. I JUST KNOW THAT THEY ARE NOT TIED TO THAT LIFT STATION, SO I WOULD ASSUME THEY'RE ON SEPTIC BECAUSE THERE'S REALLY NO SEWER AVAILABLE FOR THAT STATION ALSO SERVICES FOR 31. CHERYL CURRENTLY ONLY SERVICES FOR 31, BUT IT WAS DESIGNED TO SERVICE ALL FOUR OF THOSE PROPERTIES. OKAY. ALL RIGHT. THANK YOU. MR MCBURNETT. THANK YOU, MAYOR. UH MR BROWN. I DO THINK THIS IS A DEFINITELY NEEDED IMPROVEMENT AND IT'S A GOOD AH! COST. WHAT IS THE USEFUL LIFE? FOR THE EQUIPMENT LIKE THIS. I WOULD I WOULD EXPECT AT LEAST FIVE YEARS . UM, WE CAN REEVALUATE THE SYSTEM IN FIVE YEARS. TYPICALLY UM, YOU KNOW, THEY'LL PUSH UPDATES AND THEY'LL PUSH. UM YOU KNOW, NEWER MODULES AND NEWER SOFTWARE AND STUFF LIKE THAT OUT TO US, UM WE REALLY HAVEN'T RECEIVED ANY OF THAT FROM OUR EXISTING SYSTEM. WE'VE RECEIVED ONE UPGRADE, WHICH WAS BASICALLY JUST UM, MORE AESTHETICALLY PLEASING. UM UP. SOFTWARE. I GUESS YOU'D SAY, BUT IT WASN'T REALLY LIKE WE'RE STILL RUNNING ON WINDOWS SEVEN. SO RIGHT? YEAH THAT'S THAT'S DEFINITELY WHY IT'S WORTH THE UPGRADE AND STUFF. OKAY, THANK YOU. ANOTHER COMMENTS, QUESTIONS. SEEN ON THE CHAIR LANTANA MOTION TO APPROVE . SO SECOND TIME, MR CONTRERAS, A SECOND BY MR MCBURNETT COUNCIL, PLEASE VOTE. UNANIMOUSLY APPROVED. THANK YOU, MR BRIAN VERY MUCH. ITEM FIVE E COUNCIL CONSIDERED RESOLUTION APPOINTING A DIRECTOR TO THE

[5.E. Council to consider a resolution appointing a director to the board of the North Central Texas Housing Finance Corporation.]

BOARD OF NORTH CENTRAL TEXAS HOUSING FINANCE CORPORATION. MR GARCIA, THE FLOOR IS YOURS, SIR.

AROUND THE FLOOR IS YOURS, SIR. YES, SIR. THANK YOU, MAYOR, MAYOR AND COUNCIL. THIS ITEM HAS BEEN BROUGHT BEFORE YOU, UM THE CITY OF DUNCANVILLE IS WHAT IS REFERRED TO AS A SPONSORING LOCAL GOVERNMENT UNIT OF THE NORTH CENTRAL TEXAS HOUSING FINANCE CORPORATION. CURRENTLY WE DO NOT HAVE A DIRECTOR APPOINTED TO THIS BOARD. AND SO THIS ITEM HAS BEEN BROUGHT TO YOU BECAUSE THE BYLAWS OF THE NORTH CENTRAL TEXAS HOUSING FINANCE CORPORATION STATES THAT EATS SPONSORING LOCAL GOVERNMENT UNIT SHALL UPON A DIRECTOR AND MAY APPOINT UP TO TWO ALTERNATIVE DIRECTORS. AND SO, UM IT'S BROUGHT TO YOU SO THAT DIRECTOR CAN BE APPOINTED BY THE COUNCIL. SO THE COUNCIL MEMBER THAT IS NO LONGER ON COUNCIL WAS THE MEMBER OR THE DIRECTOR FOR THIS FOR THIS BOARD. SO ESSENTIALLY, IF YOU RECALL WHAT WE APPROVED AT OUR LAST CITY COUNCIL MEETING WAS THIS MEMORANDUM THEY WENT TO THE NORTH TEXAS CENTRAL TEXAS HOUSING FINANCE CORPORATION IN TERMS OF OUR AGREEMENT TO PROVIDE INPUT AND TO HAVE A DIRECTOR ON THERE, AND SINCE WE DON'T HAVE ONE TONIGHT, ARE THERE ANY VOLUNTEERS WHO WISH TO FILL THIS POSITION? MR COUNTS. MR. MARK BURNETT WOULD LIKE TO SAY SOMETHING BECAUSE I DEFINITELY WHEN THIS FIRST CAME UP. UM WE HAD DISCUSSED. UM. THAT IT NEEDS TO BE SOMEBODY IN THE COUNCIL AND WE NEED TO DO THAT. AND I AGREE WITH THAT. AND ALSO WE HAD A PERSON THAT DID IT. BUT I ALSO SAID I WOULD SERVE AS THE ALTERNATE AND STUFF, WHICH WE NEVER CODIFIED.

THAT IN TERMS AH! SO UH, IF MR COONS WOULD LIKE TO DO THIS, I DIDN'T DO THAT. BUT I WOULD LIKE TO SERVE AS THE ALTERNATE AND HAVE THAT CODIFIED. THANK YOU BY THE TERMS OF THE AGREEMENT THAT WE HAVE WITH THE HFC. IT NEEDS TO BE AN ELECTION. AND SO WE NEED TO HAVE IS BASICALLY AN

[03:30:01]

ELECTION OF IS WELL, YES, IT IS ANYONE BESIDES MR COONS WANTING TO VOLUNTEER TO FILL THIS POSITION? OKAY SO, MR COONS, THANK YOU FOR VOLUNTEERING. WE DO HAVE TO HAVE A FORMAL ELECTION, SO THE CHAIR WILL ENTERTAINMENT NOMINATION FOR MR COONS TO BE ELECTED TO THIS BOARD MAYOR. I'LL NOMINATE MR CODES FOR THEIR POSITION. WE HAVE A NOMINATION FROM MR BARRETT CRUISE, MR CONTRERAS, SECOND FOR MISTER BEAR CRUISE, SO PLEASE VOTE. ON ELECTING MR KOONTZ TO THE BOARD OF DIRECTORS FOR THE FIRST CENTRAL TEXAS HOUSING FINANCE CORPORATION. MR KOONTZ, YOU'RE FORMALLY ELECTED TO THAT POSITION. WE WILL FILL OUT THE ORDINANCE AS IT IS WITH YOUR NAME. AND WE CAN WITHOUT FORMALITY. WE CAN STILL CODIFY FOR OUR OWN INTERNAL PURPOSES.

EVEN THOUGH THE HFC DOESN'T REQUIRE WE CAN CODIFY IT IN THE MINUTES THAT MR MCBURNETT WILL BE THE ALTERNATE IS THAT ACCEPTABLE CITY TURNING THANK YOU VERY MUCH. OKAY, MR MCBURNETT. DOES THAT SATISFY YOU AS WELL? ALSO? SO THE SECOND MR BROWN INSURED PLEASE, THAT THE CITY SECRETARY WILL MAKE A NOTE IN THE MINUTES FOR THIS ITEM THAT MR MCBURNETT WILL SERVE AS THE ALTERNATE IN THE EVENT. MR COONS IS UNABLE TO ATTEND. YES, SIR. CODIFY MR MCMANUS REQUEST.

OKAY. THANK YOU VERY MUCH. ITEM. FIVE F. CONSIDERING ORDINANCE MANY OF THE CODE OF ORDINANCES

[5.F. Consider an Ordinance amending The Code of Ordinances by amending Chapter 5 'buildings and general building regulations', article ii 'building code', division 2 'international building code' by amending section 5-27 "amendments to building code"; by amending subsection (27), by repealing section 903.2.11.9 buildings over 6,000 sq. Ft. And replacing it with new section 903.2.11.9 "buildings over 6,000 sq. Ft."; providing for additional amendments to the international building code, 2015 edition regarding sprinkler system; providing a severability clause; providing a repealing clause; providing a savings clause; providing a penalty for violation of this ordinance not to exceed the sum of two thousand dollars ($2,000.00) for each offense]

BY MANY CHAPTER FIVE BUILDINGS OF GENERAL BUILDING REGULATIONS ARTICLE TO BUILDING CODE DIVISION TO INTERNATIONAL BUILDING CODE BY AMENDING SECTION 5-27, A MINIMUM TO BUILDING CODE BY AMENDING SUBSECTION 27 BY REPEATING SECTION 903.2 0.11 0.9 BUILDINGS OVER 6000 SQUARE FEET. AND REPLACING IT WITH NEW SECTION 903.2 0.11 0.9 BUILDING OVER 6000 SQUARE FEET. PROVIDING FOR ADDITIONAL AMENDMENTS TO THE INTERNATIONAL BUILDING CODE 2015 REGARDING SPRINKLER SYSTEM, PROVIDING A SEVERABILITY CLAUSE PROVIDING REPEALING CLAUSE PROVIDING A SAVINGS CLAUSE PROVIDING A PENALTY FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF $2000 FOR EACH OFFENSE. MR GARCIA. LOT OF AMERICA COUNCIL CITY ATTORNEY.

THANK YOU, GUS GARCIA, UH, MANAGING DIRECTOR FOR DEVELOPMENT SERVICES, IF YOU'RE LOOKING AT THE STAFF REPORTED ONE WONDERING, HAVEN'T WE BEEN HERE BEFORE YOU'D BE RIGHT? YOU'LL NOTICE REPORT IS ALMOST IDENTICAL TO THE JUNE 20TH REPORT. AH I APOLOGIZE FOR THE CONFUSION. I ASSURE YOU, THIS IS NOT DEJA VU. THIS WAS INTENTIONAL. OUR TEAM WAS DIRECTED TO PRESENT THIS AMENDMENT TO THE, UH, TO BE ADOPTED BUT ADDRESSES THE VERY SAME ISSUE AS IT APPLIES TO THE ORIGINAL ORDINANCE ON MARCH 7TH 2017 AS IT WAS ADOPTED BY COUNCIL. WHAT YOU HAVE IN YOUR PACKET IS AN AMENDMENT TO THE ORDINANCE THAT HAVE PASSED WOULD CHANGE WHAT WAS ADOPTED JUNE 20TH THAT WAS BROUGHT BEFORE THIS COUNCIL. UM WE'RE BRINGING THIS BACK TO YOU. AND YOU WILL SEE THE STAFF REPORT ATTACHED AND ATTACHED AMENDMENT TO THE ORDINANCE EXIST AS EXACTLY THAT, WHICH IS WHY THE STAFF REPORT ADDRESSES IT THE WAY IT DOES. I HOPE THAT WAS CLEAR AS MUD. MY HOPE IS THAT AFTER MY PRESENTATION WAS CLEAR AS MUCH, THEN MISSION ACCOMPLISHED. THANK YOU, MAYOR. AH. SO WHAT YOU HAVE BEFORE YOU AS A MIRROR MENTIONED IS STAFF IS SEEKING GUIDANCE FROM CITY COUNCIL WITH THE HELP FROM LEGAL IN THE CITY FIRE MARSHAL AS IT RELATES TO A POLICY AMENDMENT. TO DETERMINE IF ALTERNATIVE METHODS OF FIRE MAINTENANCE CAN BE ADOPTED OR CONSIDERED. THAT WILL EASE THE BURDEN OF EXISTING PROPERTY OWNERS AS WELL AS ENSURE THE LIFE SAFETY AND WELFARE OF THE BUSINESSES AND CONSUMERS WITHIN THESE PROPERTIES. NOW, AFTER THE AMENDMENT WAS PASSED ON JUNE 20TH TO THE ORDINANCE, UM, MYSELF, AS WELL AS SEVERAL MEMBERS OF THE TEAM SAT DOWN WITH OUR I A C M. AND OUR CITY ATTORNEY AND HAD SOME DISCUSSIONS REGARDING THE AMENDMENT THAT WAS PASSED TO THE ORDINANCE ON JUNE 20TH. AH THERE WAS SOME DISCUSSIONS AS WELL WITH THE DEVELOPER AS WELL AS THE DEVELOPERS, CONSULTANTS. ON THE INTENT OF THE ORDINANCE AS IT WAS ADOPTED IN 2017. WHICH IS WHY WE'RE BRINGING IT HERE TODAY . SEVERAL DISCUSSIONS SEVERAL ZOOM MEETINGS. AH MULTIPLE, UH, POSITIONS ON IT. SO THAT'S WHY WE'RE HERE TODAY. THE ISSUE AT HAND IS CURRENTLY OLDER.

EXISTING STOREFRONTS HAVE DIFFICULTY OBTAINING NEW CERTIFICATES OF OCCUPANCIES.

AFTER REMODELING DO THE FIRE SPRINKLER SYSTEM ORDINANCE, AS WAS ADOPTED BY THE CITY ON MARCH 7TH OF 2017 AS I MENTIONED ON JUNE 20TH 2023 COUNCIL AMENDED THE CODE AND REMOVED AND ADDED CERTAIN PROVISIONS IN THE FIRE AND BUILDING CODES TO ADDRESS THE REQUEST FOR ALTERNATE METHODS FOR FIRE SUPPRESSION. INCIDENTALLY THIS IS GOING TO ADDRESS ITEM F AND G BECAUSE G IS AFTER THIS, BUT IT'S FOR THE SAME PRESENTATION REGARDING BOTH OF THESE ITEMS ON THE AGENDA. UH ADOPTED AMENDMENTS OF JUNE 20TH , AS YOU CAN SEE IN THE PRESENTATION BEFORE YOU IS WHAT WAS ADOPTED ON THE VERY TOP LINE MARCH 7TH 2017 WHAT WAS ADOPTED IN JUNE. 20TH MEETING OF THIS

[03:35:07]

YEAR, YOU CAN SEE A HIGHLIGHTED IN YELLOW THE ONLY THING THAT CHANGED FROM THE AMENDMENT. OR THE ORDINANCE ABOVE WAS THE 12,000 SQUARE FEET ON BOTH AREAS. IT'S I'VE HIGHLIGHTED IN YELLOW FOR YOU, AND THEN WE REMOVED THE ITEM THAT'S IDENTIFIED IN RED THAT STRUCK THROUGH THAT SAYS FOR THE PURPOSE OF THIS PROVISION, FIREWALLS ALL NOT DEFINE SEPARATE BUILDINGS. WE ALSO ADDED THE AREA BELOW THAT WHICH IS HIGHLIGHTED IN GREEN. AH THIS IS ALL. PROBABLY, UM REFRESHING FOR YOU SO REFRESHER FOR YOU SO YOU CAN SEE EXACTLY WHAT WAS ADOPTED. AS YOU RECALL. I HAD MENTIONED THIS TO YOU OR PRESENTED THAT LET US LOOK AT THAT GREEN ONE MORE TIME. SURE. SO YOU HAD ADOPTED ADDITIONAL, UM, LANGUAGE IN THERE AND HIGHLIGHTING GREEN CITY. DON'T GIVE AN ORDINANCE SECTION 903 TO 11. 0.9 SECTION TWO FIREWALLS, 2.1 FIREWALLS AND BUILDING SUBJECT TO THIS ORDINANCE OF A MINIMUM TO OUR FIRE RESISTANCE RATING, AS REQUIRED AND DEFINED BY 2015 INTERNATIONAL FIRE CODE OR SUBSEQUENT ADOPTED VERSIONS.

AH BF, UM. MR BUILDING CODE OF BUILDING AND FIRE FIREWALL RESISTANCE RATE WALL HAVING PROTECTED OPENINGS, WHICH RESTRICTS THE BF BASICALLY MEANS THAT IT APPLIES ABOUT BUILDING AND FIRE CODES. FIRE RESISTANCE WALL HAVE HAVING PROTECTED OPENINGS, WHICH IS CHICKS, THE SPREAD OF FIRE AND EXTENDS CONTINUOUSLY FROM THE FOUNDATION THROUGH THE ROOF WITH SUFFICIENT STRUCTURAL STABILITY UNDER FIRE CONDITIONS TO ALLOW COLLAPSE OF CONSTRUCTION ON EITHER SIDE WITHOUT COLLAPSE OF THE WALL. I F C 2015 PAGE 23 43 DEFINITIONS SO THAT WAS ADDED BY THE RECOMMENDATION OF THE FIRE DEPARTMENT. THEY WANTED TO MAKE SURE WE DEFINE WHAT A FIREWALL WAS. SO I MAY MOVE ON IS THAT EVERYBODY? YES SO AS I MENTIONED IN THE PREVIOUS PRESENTATION, UH FROM TIME TO TIME AS NEW CODES ARE ADOPTED OR NEW RENDITIONS ARE ADOPTED. UH THE COG IS BASICALLY OUR BODY THAT REVIEWS IT AND THEN MAKES RECOMMENDATIONS. AS YOU SEE FROM THE AREA HIGHLIGHTED IN GREEN, WHICH I'VE HIGHLIGHTED ON THE LEFT HAND SIDE AND BOLD EXPLANATIONS OF OPTIONS. A AND B. THE COG PROVIDES OPTIONS TO OR MAKES RECOMMENDATIONS OR SUGGESTIONS TO THE CITIES. AND BASICALLY SAYS, PLEASE NOTE THAT THERE IS A WIDE RANGE IN FIREFIGHTING PHILOSOPHIES AND CAPABILITY OF CITIES ACROSS THE REGION. OPTION A AND B ARE PROVIDING THE FIRE AND BUILDING CODE AMENDMENTS, JURISDICTIONS. SHOULD USE ONE OF THESE BASED ON THEIR FIREFIGHTING PHILOSOPHIES CAPABILITIES WHEN ADOPTING CODE AMENDMENTS. THIS WAS THE RECOMMENDATION BY THE CODE OR BY THE COG IF YOU SEE THE AREA HIGHLIGHTED IN YELLOW AH, IT'S ALSO IN THE RECOMMENDATIONS BY THE 2015 INTERNATIONAL FIRE CODE . YOU CAN SEE THAT IT SAYS AUTOMATIC SPRINKLER SYSTEM SHALL BE INSTALLED THROUGHOUT ALL BUILDINGS WITH BUILDING AREA 6000 SQUARE FEET OR GREATER AND ALL EXISTING BUILDINGS THAT ARE ENLARGED TO BE 6000 FT OR GREATER FOR THE PURPOSES. PROVISION. FIREWALLS SHALL NOT DEFINE SEPARATE BUILDINGS. YOU MAY RECALL THAT LANGUAGE. WHICH WAS TAKEN OUT WHICH I ADDRESSED A LITTLE BIT EARLIER, SO THE LANGUAGE THAT'S IN, UM, THAT HAS THE BOLD BLOCK AROUND IT IF YOU WILL, ON THE TOP OF THE SCREEN.

BASICALLY IS IDENTICAL TO WHAT YOU SEE BELOW AND WHAT'S HIGHLIGHTED. NOW WHAT WAS ADOPTED AND AMENDED IN 2017, THE ADOPTED FIRE AND BUILDING CODE, WHICH WERE IDENTICAL. YOU CAN SEE THAT THE CITY ADOPTED UH OR ADDED SOME ADDITIONAL LANGUAGES YOU SEE, HIGHLIGHTED IN GREEN, AND THAT'S WHY WE'RE HERE TODAY BECAUSE THROUGH MULTIPLE DISCUSSIONS AND MEETINGS AS I MENTIONED EARLIER, THIS PARTICULAR LANGUAGES BROUGHT UP THAT APPEARS TO BE, UH, SOMETHING THAT ALL OF US HAVE HAD A QUESTION ON AND WE'VE ACTUALLY POSES TO THE ATTORNEY TO THE I A. C. M AS WELL AS THE BODIES THAT ARE PART OF THIS PRESENTATION. ON WHETHER OR NOT THE COUNCIL INTENTION HAD UH, UNINTENDED CONSEQUENCES OR THE LANGUAGE HAD UNINTENDED CONSEQUENCES. THIS IS SOMETHING THAT WE BROUGHT BEFORE THE ATTORNEY. THE ATTORNEY HAS BEEN REVIEWING. IT HAS BEEN LOOKING AT SEVERAL REPORTS THAT WERE PROVIDED BY SOME CODE CONSULTANTS, ETCETERA. AND SO THAT'S WHY WE'RE HERE BEFORE YOU TODAY. SO AS IT WAS ADOPTED, YOU CAN SEE HERE THAT THE HOT AREA HIGHLIGHTED IN YELLOW WAS WHAT I SHOWED YOU HERE. AND THEN ALSO WHAT WAS ADOPTED AS THE AREA IN GREEN, WHICH WAS ADDED TO THE AMENDMENT TO THE ORDINANCE, WHICH WAS THE VERSION THAT WE BROUGHT TO THAT WASN'T EXISTENCE BEFORE THE NEW VERSION WAS ADOPTED IN JUNE, 20TH OF 2023 SO THESE WERE THE YOU'VE SEEN THIS BEFORE, BUT THESE WERE BASICALLY THE RESOLUTIONS THAT WERE ADOPTED BACK THEN. THIS IS THE FIRE CODE AND THE BUILDING CODE . THESE WERE THE MINUTES WHICH YOU'VE SEEN BEFORE THAT BASICALLY SHOWS IT WAS ADOPTED.

THESE WERE THE ADOPTED AMENDMENTS, WHICH YOU'VE ALREADY SEEN THE SCREEN. I SHOWED YOU A LITTLE BIT EARLIER, BUT JUST TO REFRESH YOUR MEMORY, SO THE TOP ONE WAS WHAT WAS ADOPTED IN MARCH. 7TH THE BOTTOM WAS WHAT WAS ADOPTED JUNE 20TH OF THIS YEAR. WE BELIEVE THAT 12,000

[03:40:03]

SQUARE FEET WAS ORIGINATED FROM THIS PARTICULAR EXCERPT FROM THE , UH, INTERNATIONAL FIRE CODE BOOK AS YOU CAN SEE THAT GROUP M, WHICH IS MERCANTILE ADDRESS IS 12,000 SQUARE FEET AND HAS SOME PROVISIONS ON THAT NOW. THIS IS BASED ON, UH, ILLUSTRATION PURPOSES ONLY, BUT IT KIND OF GIVES YOU AN IDEA. THERE'S A PATHWAY THAT'S FOLLOWED THROUGH THE INTERNATIONAL BUILDING CODE AND THE FIRE CODE THAT IDENTIFIES WAYS TO MAKE A DETERMINATION ON WHETHER OR NOT SOMETHING HAS, UH , AN ADDITIONAL FIRE HAZARD. OR IT KIND OF GIVES YOU A WAY OF DETERMINING WHETHER OR NOT SOMETHING SHOULD OR SHOULD NOT BE ADDRESSED A CERTAIN WAY THE BEST WAY I CAN EXPLAIN IT. BUT I THINK THAT'S WHERE WE DRAFT. WE GRABBED THE 12,000 SQUARE FEET AS AN AMENDMENT, AS YOU SEE HERE, HIGHLIGHTED IN YELLOW WHEN IT WAS A JOB ADOPTED IN JUNE 20TH OF THIS YEAR. WITH THAT BEING SAID, I SHOWED YOU THE SCREEN EARLIER. YOU CAN SEE THE RECOMMENDATION BY THE COG. AND THEN THE ADDITIONAL LANGUAGE HIGHLIGHTING GREEN THAT WAS ADOPTED IN 2017. NOW IN YOUR PACKET TODAY WAS A CULMINATION OF DISCUSSIONS. AH MEETINGS AS I MENTIONED EARLIER AS PRESENTED TO OUR ATTORNEY AND THEN IS NOW MADE ITS WAY INTO YOUR PACKET AND WAS PRESENTED TO US TO PRESENT TO YOU THIS EVENING. TO THAT. I WILL DEFER TO THE ATTORNEY AS HE IS THE ONE THAT IS PREPARED THIS RESOLUTION OR AMENDMENT TO THE CODE. OH CITY ATTORNEY AND MR GARCIA. TO SAY WE ARE OVERWHELMED BY THE INFORMATION IS AN UNDERSTATEMENT. WHAT I RECALL FROM PREVIOUS DISCUSSIONS THAT WE KNEW THAT WHAT WE WERE DISCUSSING WAS PARTICULAR TO A PARTICULAR DEVELOPMENT IN OUR CITY. AND WITH THAT STATED, WE ALSO KNEW THAT WHATEVER WE DID WOULD APPLY TO THE ENTIRE CITY AS WELL. SO LOOKING AT THE APPLICABILITY OF WHAT WE'RE DOING IN TERMS OF THE PROPOSED ORDINANCES. WE CANNOT LOOK AT JUST ONE PARTICULAR PORTION OF OUR CITY. WE HAVE TO LOOK AT THE ENTIRE CITY. AND UNDERSTANDING ITS BENEFIT OR ITS BENEFIT OR DISADVANTAGE OF BENEFIT TO THE ENTIRE CITY ITSELF. KNOWING HOW THIS HAS BEEN CRAFTED. AND HOW IT'S BEEN PUT TOGETHER IN UNDERSTANDING THE DIFFICULTIES ENCOUNTERED BY SOME OF THE DEVELOPERS IN OUR CITY. I THINK THE EASIEST QUESTION TO ASK FROM MY PERSPECTIVE. I CAN'T SPEAK FOR THE ENTIRE COUNCIL. YES. IS THE CHANGE THAT'S BEING PROPOSED. AND THESE ORDINANCES THAT WE SEE IN FRONT OF US ARE GOING TO BE TO THE BENEFIT. OF ALL THE DEVELOPERS TO COME INTO OUR CITY IN TERMS OF HOW THEY ARE BEING ABLE TO REUSE AND REPURPOSE EXISTING BUILDINGS IN OUR CITY, OR IS IT GOING TO BE TO THEIR DETRIMENT, MAKING THINGS MORE DIFFICULT? I BELIEVE THAT THESE CHANGES WILL REFLECT THE DESIRE OF THE COUNCIL TO MAKE IT EASIER TO DEVELOP OUR OLDER BUILDINGS. THAT ARE LARGER AND THAT WAS WHAT YOUR INTENT WAS ORIGINALLY I THINK THAT WE KIND OF MISSED THE BOAT. IT WOULD FIX. CURRENT ISSUES THAT YOU'VE HAD FROM DEVELOPERS ON A DEVELOPMENT JUST A STONE'S THROW AWAY FROM THIS BUILDING, BUT OTHER SIMILAR SITUATED BUILDINGS WOULD LIKEWISE BENEFIT FROM THIS. THIS ISN'T NECESSARILY END ALL FOR EVERY USE THAT MAY COME DOWN THE PIPE. FOR PROPERTY TO BE REDEVELOPED, AND WE MAY HAVE TO REVISIT SOME OF THESE ISSUES WITH OTHER USES AND OTHER BUILDINGS IN THE FUTURE. TO ACCOMMODATE OUR. WHETHER LARGE STOCK OF OLDER BUILDINGS THAT ARE. CHALLENGED BY MODERN. HOW FIRE CODES AND WE'RE JUST GONNA HAVE TO BE VERY JUDICIOUS ABOUT THAT AS WELL AS LOOK AT THE USE.

THERE'S SQUARE FOOTAGE THAT DICTATES. THE USE OF SPRINKLERS AS WELL AS PARTICULAR USES. AND SO HAS OTHER USES MAY WANT TO COME INTO TOWN AND WE MAY HAVE TO REVISIT THESE EXCEPTIONS, SOME MORE THIS. ORDINANCE THAT WE'RE LOOKING AT PERTAINS STRICTLY THE SPRINKLERS. BUT SOME OF THE INFORMATION THAT WAS PREVIOUSLY GIVEN TO US ALSO DESCRIBED FIREWALLS. IN THIS INNING, THE NECESSITY FOR PUTTING A FIREWALL IN GOING ALL THE WAY TO THE CEILING FOR TWO HOURS PROTECTION. SO ON SO ON THAT WE LOOKED AT BUT WHAT WE'RE LOOKING AT HERE DOES NOT ADDRESS FIREWALLS. IS THAT IN THE NEXT ITEM OR THAT IN PERTAINING TO THIS ONE AS WELL? THAT THAT'S A DIFFERENT ISSUE ABOUT WHETHER THAT FIRE PROTECTION IS NEEDED FOR THESE SIZE OF STRUCTURES AND

[03:45:08]

THESE KINDS OF BUILDINGS BECAUSE THERE'S ALTERNATIVES IN THE FIRE CODE AS I UNDERSTAND, AND I'M NOT FAR MARSHAL. BUT AS I UNDERSTAND THAT YOU HAVE USE AND SQUARE FOOTAGE AND IN LIEU OF SPRINKLERS. YOU MAY HAVE A FIREWALL. BECAUSE THE WHOLE IDEA IS TO KNOCK DOWN THE FIRE IN ORDER TO GET THE FIREFIGHTERS THERE AND TRY TO MAKE IT SAFE. AND SO THAT SEPARATION OR THOSE FIREWALLS CAN TAKE THE PLACE OF THE SPRINKLER. UNCERTAIN AND CERTAIN INCIDENCES. SO ARE THE.

INTERESTED PARTIES SPECIFICALLY CITY FIRE MARSHAL FIRE CHIEF AH , AGREEABLE TO WHAT WE'RE SEEING IN TERMS OF THESE PROPOSED CHANGES. YOU'LL HAVE TO ASK THEM. BRODY. VERY QUESTION. YOU SEE WHAT'S BEFORE US. YOU KNOW, IT'S BEEN CHANGED. I THINK CITY ATTORNEY SAID, WELL, WE TRIED TO DO WE MISSED THE BOAT. NEVER TRYING TO GET BACK IN THE BOAT. AND LOOKING AT WHAT WE'RE SEEING HERE. IS HOPEFULLY BRINGING US INTO. NOT UNDERSTANDING THE FUTURE OF WHAT WE NEED TO DO FOR OUR ENTIRE CITY. I KNOW THAT YOU AND THE FIRE MARSHAL HAD SOME VERY SPECIFIC OPINIONS. AND I THINK IT'S NECESSARY FOR US AS A COUNCIL TO KNOW AS YOU FOCUS THAT CONTROL FIRE AND SAFETY OF OUR CITY. HOW DO YOU VIEW THESE PROPOSED ORDINANCES? CHANGES THAT ARE BEFORE US TONIGHT, SIR.

WELL, YEAH, MAYOR. I'VE BEEN DOING THIS LONG TIME. I'VE SEEN A LOT OF FIRES. AND, UM I'VE SEEN A FIRE DOWN OFF OF, UH CLARK ROAD AND DANIEL DALE. IT WAS IN A GROCERY STORE. AND IT HAD A TRUE FIREWALL. THAT THING BURNED ALL THE WAY TO THE GROUND. AND THE ONLY THING THAT PREVENTED IT FROM DESTROYING THE REST OF THAT SHOPPING CENTER. WAS THAT FIREWALL AND THAT FIREWALL STILL STANDS TO THIS DAY. YOU CAN GO DOWN THERE AND LOOK AT AND SEE WHAT HAPPENED.

WELL, LOT OF THESE DEVELOPERS DO NOT UNDERSTAND FIREWALL. THEY THINK THAT THERE'S A CERTAIN TYPE OF SHEET ROCK DOUBLE LAYERS SHEETROCK THE CAN BE CONSIDERED A TWO HOUR THE FIREWALL. UH, THAT'S NOT THAT'S NOT TRUE. UH, WHEN A FIREWALL UH, IT'S DESIGNED IT'S GENERALLY MAY ASK OF MASONRY. IT IS DESIGNED THAT IF ONE SIDE COLLAPSES ON THE ROOF THAT FIRE WELL WILL CONTINUE TO STAND AND KEEP THE FIRE FROM SPREADING TO THE REST OF THE BILL. THAT'S THE WHOLE PURPOSE OF THE FIREWALL. THAT'S OUR HOPE PURPOSE. YOU KNOW, EVERYBODY SAYS OH, THERE, YOU CAN GET PEOPLE OUT THERE IN TWO HOURS. THAT'S NOT WHAT WE'RE TALKING ABOUT. WE'RE TRYING TO KEEP THE FIRE FROM SPREADING. TO THE REST OF THE BUILDINGS AND CAUSING THE REST OF OUR TENANTS IN THESE IN THESE BUILDINGS TO BE WITHOUT THEIR BUSINESS. SO OUR WHOLE PURPOSE IS TO TRY TO CONTAIN THAT FIRE. TO THE ORIGIN. THAT'S WHAT WE'RE TRYING TO DO. GENERALLY THOSE FIREWALLS THAT THE DEVELOPERS ARE ARE MENTIONING. GENERALLY THOSE ARE WHAT SURROUNDS LIKE A STAIRWELL.

WITH SURROUNDS LIKE THAT. AN ELEVATOR SHAFT. UH TRY TO CONTAIN THE SMOKE FROM GETTING INTO THOSE AREAS SO THAT PEOPLE HAVE A MEANS OF EGRESS OUT OF THE BUILDING. SO THERE'S A BIG MISCONCEPTION OF WHAT THAT FIREWALL IS, SO I PURPOSELY, UH LIKE FIREWALLS, UM IN LIEU LOVE . UM, YOU KNOW, BREAKING UP THESE THESE SQUARE FOOTAGE IS, WHICH IS FINE. IT'S FINE. PERSON MYSELF AS A FIREFIGHTER. I WOULD RATHER HAVE THE WHOLE BUILDING SPRINKLED ONCE IT'S SPRINKLED.

HE COULD PUT ANYTHING IN THOSE BUILDINGS YOU WANT TO AS LONG AS IT'S HIS OWNED APPROPRIATELY. UH THAT'S THE ONE THING I'VE NOT BEEN ABLE TO UNDERSTAND. I UNDERSTAND THERE'S AN EXPENSE I REALLY DO. AND A LOT OF THESE BUILDINGS ARE NOT WORTH THE EXPENSE OF PUTTING A SPRINKLER SYSTEM INTAKE. BUT AT SOME POINT DOWN THE ROAD. THESE BUILDINGS ARE GOING TO HAVE TO HAVE SPRINKLER SYSTEM AS WE GO UP THERE, AND WE, UM ADOPT THESE NEWER CODES. THEY'RE GOING TO GET MORE AND MORE AND MORE STRINGENT, SO AT SOME POINT OR ANOTHER, THEY'RE GONNA PROBABLY GONNA BE REQUIRED. DAVIS SPRINKLER SYSTEM. MY PREFERENCE , THE FIRE DEPARTMENT'S PREFERENCES, SPRINKLER SYSTEMS THAT'S THAT'S WHAT WE LIKE BECAUSE IT'LL GO IN THERE. IT CONTAINS THE FIRE TO THAT, UH, AREA OF ORIGIN, SO THERE IT'S NOT SPREADING TO THE OTHER

[03:50:01]

BUILDINGS IN COLLEGE, AND THAT'S THE BIG CATASTROPHIC FIRE, UH, IN A WHOLE STRIP SHOPPING CENTER OR EVEN A AN AREA OF WORSHIP OR A WAREHOUSE. UH BEST HAWAII. IDEA BEHIND HIM IS TO CONTAIN THAT FIRE UNTIL WE CAN GET THE APPROPRIATE FIRE RESOURCES THERE TO CONTROL THAT FIRE AND PUT IT OUT AND KEEP IT FROM SPREADING IN CAUSE ANY MORE DAMAGE TEAM OF OUR BUILDINGS. THAT'S OUR WHOLE PURPOSE. UM AS FAR AS IT USED TO BE 10,000 WE COMPROMISED TO GO TO THE 12,000. AND THAT'S BECAUSE THAT'S WHAT IT WAS SAYING IN THE INTERNATIONAL FIRE CODE. I SAID OKAY, I AGREE.

WE'LL COMPROMISE ON THAT. UH BUT MY HOPE JOB. AS THE AUTHORITY HAVING JURISDICTION IS TO PROTECT OUR COMMUNITY. PROTECT OUR BUILDINGS. AND PROTECT OUR PEOPLE AND KEEP OUR JOBS SUPPLIED IN THIS CITY AND KEEP OUR TAX BASE UP. THAT'S MY JOB. UM AND I'M AND THAT'S WHAT I'M GONNA DO. I SWEAR TO DO THAT, AND THAT'S WHAT I'M GONNA DO. SO THESE CODES WE KEEP STRETCHING AND STRETCHING IT AND STRETCHING IT. AND UH, SOMEONE MY, I'M STARTING TO GET A LITTLE UNCOMFORTABLE WITH SO THAT'S PRETTY MUCH WHAT I HAD TO SAY ABOUT IT. CATEGORICALLY WELL, MAYBE I DON'T WANT TO PUT YOU THERE. KNOWING WHAT WE ARE TRYING TO DO IS A CITY AND AS A COUNCIL FOR THE ECONOMIC DEVELOPMENT OF OUR CITY. AND HEARING WHAT YOU JUST SAID, IS VERY COMPELLING. AND YOU AS A FIRE CHIEF. ACQUIESCED TO THIS CHAIN. YOU SAID YOU'RE STARTING TO WARM, YOU KNOW IS THIS IS THAT STARTING WHAT I WOULD TERM FORMALLY AS AN ACQUIESCENCE TO WHAT WE HAVE IN FRONT OF US SO THAT WE CAN PUSH FORWARD TO MAKE IT UP WITH SOME ECONOMIC DEVELOPMENT IN OUR CITY. I'M ALL FOR ECONOMIC DEVELOPMENT IN THIS CITY. I CANNOT STAND SEEING THESE EMPTY BUILDINGS BECAUSE THEY ATTRACT HOMELESS, WHICH CAN SET THOSE ON FIRE. MY FIRE MARSHAL IS HIS OPINIONS ON THESE ORDINANCES. I WAS GONNA ASK HIM TO COME UP AND GIVE HIS OPINION ON THESE ORDINANCES. AND THERE'S A COUPLE OF THINGS WE'RE QUESTIONING. AND UH, I'LL LET HIM SPEAK IF I CAN'T WORK FOR MARSHALL. NO GUESSES MADE A COMPELLING BECAUSE THAT'S THAT'S HIS JOB ECONOMIC DEVELOPMENT. MY JOB IS TO PROTECT HIS ECONOMIC DEVELOPMENT. UH YEAH, BUT I'M ALL FOR BECAUSE I KNOW THAT'S HOW I'M GONNA GET MINE. FIREFIGHTERS PAID ALL THE EMPLOYEES IN THE CITY ARE GOING TO GET PAID. BUT ECONOMIC DEVELOPMENT THIS TOWN SO WE'RE ALL ENCOURAGED, BUT WE WANT TO DO IT. BUT FIRE CODE WE WON'T FOLLOW THAT FIRE CODE AND DO, UH, WHERE IT'S EXPECTED AND WE KNOW THESE BUILDINGS ARE BUILT CORRECTLY. OKAY, UM I KNOW, UM, FIRE MARSHAL BLANCHARD APPRECIATE I SEE THAT WE HAVE A COUPLE OF COMMENTS THAT OUR CITY COUNCIL MEMBERS WANT TO MAKE, UM . WHAT I'D LIKE TO DO IS ALLOW OUR CITY COUNCIL MEMBERS TO HAVE SOME COMMENTS, AND THEN WE'LL ASK FOR THE FARMER SHOULD BLANCHARD FOR SOME INPUT. ONE QUICK QUESTION, THOUGH, IN TERMS OF THIS IS APPLYING TO GROUP M MERCANTILE FROM WHAT WE'RE SEEING HERE. AND YOU PROVIDED US MR SO WITH AN EXAMPLE OF GROUP IN MERCANTILE, BUT SPECIFICALLY , THIS ORDINANCE ADDRESSES ONLY GROUP HIM. THAT'S WHAT WAS PRESENTED TO US BY A CITY ATTORNEY MAYOR SO I WOULD HAVE TO ASK. I HAVE, LIKE I SAID, I DEFER TO HIM ON WHAT HE INTENDED THAT TO MEAN ATTORNEY IS, UM IS ROAMING AT THE MOMENT. THIS. MR CITY ATTORNEY. UH HE HE HAS DEFERRED TO YOU FOR AN EXPLANATION ON THE APPLICABILITY OF THIS STUFF SOLELY TO GROUP M . IT WAS AT THE INTENT AND YOU SEE, THAT'S WHAT'S NECESSARY.

AND BUT THAT'S APPEARS HOW MR BLANCHARD INTERPRETERS. OKAY ALL RIGHT, SO OKAY, SO THERE'S SOME COMMUNICATION. TEAMWORK GOING ON THERE. OKAY. UM SO, MR FIRE MARSHAL BLANCHARD, STANDBY FOR JUST A SECOND OR JUST A MINUTE. I WANT TO HAVE THE COUNCIL MEMBERS THAT HAVE COMMENTS TO GIVE THAT MAYBE IT'LL TIE INTO WHAT YOU MAY HAVE TO SAY SO FOR I'LL GO IN THE ORDER. WHAT IT HAS APPEARED. IT WAS MR CONTRERAS. MR. MR MR CRUZ AND MR KOONTZ. MR CONTRERAS. THANK YOU.

THESE COMMENTS WERE BEEN A LITTLE MORE FITTING. AFTER YOU. INITIALLY MADE YOUR COMMENTS.

[03:55:05]

WHEN INTO BRINGING THE STAFF UP. UM FIRST OFF THAT YOU MADE A COMMENT. ABOUT THE FIREWALL NOT BEING MENTIONED IN THIS. IT IS. IT'S IN THE FIREWALL IS MENTIONED IN THE STAFF REPORT.

AS A PART OF THIS SO THAT IS SOMETHING THAT I'LL GO OVER A LITTLE BIT MORE HERE IN A SECOND. UM THE SECOND THING IS THE. THANK IN JANUARY. AND GUS PROBABLY REMEMBERS I HAD ASKED AT A MEETING TO GET THE NUMBER OF BUILDINGS THAT WERE OVER 6000 SQUARE FEET. IN THE CITY. AND NO FAULT TO GUS IS UM, I WAS TOLD THAT WE WOULD GET IN. BUT NOT BY GUS. UM. IT WAS PROBABLY FOUR MONTHS LATER. I ASKED US ONE ON ONE. WHATEVER HAPPENED TO MY LIST, AND HE GAVE IT TO ME. TO OUR SURPRISE, AND MY QUESTION HAD A REASON. THE NUMBER OF BUILDINGS THAT WE FOUND OUT OVER 6000 SQUARE FEET IN THE CITY WERE WAS APPROXIMATELY 250. INTO SOME POINTS THAT WERE MADE EARLIER. THAT MEANS 202 150 POTENTIAL BUILDINGS THAT WOULD RUN INTO POSSIBLE. CLASHES BETWEEN ECONOMIC DEVELOPMENT AND THE BUILDING AND FIRE CODES AS AMENDED. KEYWORD IS AS AMENDED.

THAT'S IMPORTANT TO NOTE BECAUSE IF YOU REMEMBER BACK, WE HAD A SERIES OF BUILDINGS, STARTING WITH BRITTLE BRITTLE THAT SAT IT COULDN'T BE MOVED. CAN BE OCCUPIED OR MOVED UNTIL SPRINKLER SYSTEM WAS PUT IN. AND THERE WAS GRANTS. WAS THE WAY THAT WE'RE ABLE TO SOLVE THAT ISSUE. THEN CAME A ONE FURNITURE UP ON HIGHWAY 67. SAME CONVERSE SITUATION. AND THERE WAS A GRANT THAT WAS GIVEN TO THEM. MY QUESTION AT THAT POINT, AND IN A COUNCIL MEETING WAS HOW LONG CAN WE KEEP GIVING GRANTS BECAUSE WE GOT SOME UNKNOWN NUMBER OF BUILDINGS OVER 6000 SQUARE FEET.

THAT ARE GONNA BE IN TROUBLE. BECAUSE IF WE CAN HELP THEM WITH THEIR SPRINKLER SYSTEM THEY CAN'T MOVE SOMEBODY IN THEY CAN'T SELL IT. THEY'RE IN IN A WORLD OF HURT, AND YOU MENTIONED THAT WELL, THE PROBLEM TURNS OUT THE POTENTIAL FOR THE PROBLEM WAS EVEN BIGGER THAN WE UNDERSTOOD. ONCE WE REALIZED THERE WERE 250 BUILDING 250 BUILDINGS IN THIS CITY THAT COULD HAVE BEEN SUBJECTED. THAT TO ME IS WHY WE'RE HAVING THIS DISCUSSION TODAY. WE'RE TRYING TO FIND A SOLUTION. TO WORK WITH ECONOMIC DEVELOPMENT WITHOUT GIVING UP. EVERYTHING AND WHAT IN THE WAY OF FIRE PROTECTION. AND THIS IS NOW THE ANSWER. THAT IS BEFORE US TO DECIDE IF WE'RE WILLING TO DO THIS, SO I APPRECIATE AND I WANT TO HEAR MORE FROM THE FARM. MARSHALL AND THE FIRE CHIEF ON THEIR PERSPECTIVE ON THIS, BUT THIS IS WHERE THIS CAME FROM. IT WAS IT WAS EVEN MORE URGENT ONCE WE FOUND OUT THE ANSWER TO MY QUESTION. HOW MANY BUILDINGS HAVE THE POTENTIAL TO HAVE THIS PROBLEM THRUST UPON THEM NOW WE KNOW AND THE LAST THING I'LL SAY IS, UM THE. AS WE GO FORWARD. WITH ANY KIND OF CHANGES THAT WE MAKE, UM AS A RESULT OF HEARING FROM THE FIRE DEPARTMENT. AND WE DON'T HAVE THE LUXURY HAVING A BUILDING OFFICIAL HERE YET.

HOPEFULLY THAT WILL COME TO BE BECAUSE THAT'S AN IMPORTANT PART IN THIS. 50% OF THIS. THIS COMES OUT OF THE BUILDING CODE. AND THERE SHOULD BE A BUILDING OFFICIAL HERE TO SPEAK TO THAT, AND WE DON'T HAVE THAT. THAT'S A DISADVANTAGE. BUT WE'VE GOT TO WORK WITH WHAT WE GOT. SO THE.

THE DETERMINATION OF WHAT IS A FIREWALL HAS TO BE DECIDED. WHAT ARE WE GOING TO COUNT AS A FIREWALL? IT IS DISCUSSED AS I SAID BEFORE IN THE STAFF REPORT , AND IT'S ALSO DISCUSSED OR ADDRESSED. JUST DIDN'T BREATHE. IN THE PROPOSED AMENDMENT IN THE PROPOSED CHANGES. BECAUSE THE FULL BLOWN FIREWALL THAT WE WOULD AGREE IS FROM FOUNDATION TO ROOF DECK PENETRATES ABOVE THE ROOF DECK. I THINK IT'S 18 TO 24 INCHES ABOVE THE ABOVE THE ROOF. AND IT'S VERY SPECIFIC CONSTRUCTION AND IT WON'T FALL. IT WON'T FAIL. BUT THEN YOU HAVE AN AREA SEPARATION WALL, WHICH IS RECOGNIZED IN THE BUILDING CODE. WHICH DOESN'T HAVE TO PENETRATE THE ROOF. THAT CAN BE IF EVERYONE SEES FIT OR NOT. IT CAN BE USED TO DIVIDE BUILDINGS. AND. WELL, IT MAY NOT AFFORD THE

[04:00:08]

TYPE OF PROTECTION THAT CHIEF UH WAS TALKING ABOUT. IN THE SECOND SAVE, BURN. WERE THAT. I WAS OUT THERE, TOO, AND I WATCHED THE WALLS ALL COLLAPSED EXCEPT FIREWALL. UM THAT FIREWALL IS EXPENSIVE. IT'S INTRUSIVE IF YOU HAVE TO BUILD IT IN AN EXISTING BUILDING. AND IT'S SOMETHING THAT WE HAVE TO LOOK AT. FROM AN ECONOMIC DEVELOPMENT STANDPOINT , WILL AN AREA SEPARATION WALL WHICH IS STILL EXPENSIVE? SEMI INTRUSIVE, BUT YOU'RE NOT GONNA HAVE TO CUT THROUGH THE ROOF, SO WE HAVE TO DEFINE DETERMINE AND DEFINE WHAT ARE ACCEPTABLE. FIREWALL IS GOING TO BE AS A PART OF THIS PROPOSAL THAT WE HAVE BEFORE US TONIGHT. THANK YOU. YES AND THAT'S WHY I WROTE UP THE FIREWALL BECAUSE I DIDN'T NOTICE IT IN THE STAFF REPORT, BUT I DON'T SEE IT IN THE CHANGE ORDERS WE HAVE BEFORE US. JUST APPOINT MR VERA CRUZ. THANK YOU, MAYOR. SO A COUPLE OF THINGS, UM REMEMBER COUNCIL MEMBER CONTROLLERS EXPLAINED TO US WHY THEY INITIALLY ADOPTED THE 6000 SQUARE FEET AND THAT IT WASN'T REALLY APPLICABLE TO DUNCANVILLE. I WAS JUST SOMETHING THEY THOUGHT THAT WAS THERE WAS THE RIGHT THING TO DO. AND I SEE WE'RE GOING FROM 10,000 TO 12,000, WHICH IS IN THE INTERNATIONAL BUILDING CODE, SO I'M GOOD WITH THAT. BUT THE 250 BUILDINGS THAT ARE OVER 6000 AND WE'RE TALKING ABOUT GETTING BACK DOWN INTO THE DOWNTOWN DISTRICT AND BEAUTIFYING AND TRYING TO ENCOURAGE. WE'RE NOT GOING TO GET ANYBODY. IF WE'RE GONNA MAKE THEM SPRINKLER ALL THIS STUFF SO WE'RE UNDERSTAND THE SAFETY UNDERSTAND ALL OF IT.

BUT IT'S ALLOWING US TO DO IT HERE IN THIS ORDINANCE, AND SO I WOULD BE AGREEABLE TO IT. THANK YOU. THANK YOU, MR COONS. THANK YOU, MAYOR. I KNOW. WE KEEP MENTIONING DOWNTOWN. I'M NOT SURE HOW MANY BUILDINGS WE HAVE THEIR OVER 6000 FT, BUT RIGHT? I JUST WANT TO MAKE A COMMENT IN JUST A REQUEST AS WE'RE LOOKING AT THIS BECAUSE UM GOT A CANNON BLASTS OF INFORMATION AND I RESPECT I APPRECIATE EVERYTHING THAT THAT GREG IS SHARING WITH US. AH, BUT IT'S A LOT TO PROCESS AND SO I WOULD REALLY APPRECIATE FIRE MARSHAL. POLICE CHIEF ROADIE TO MAKE SURE THAT WHAT WE'RE SPEAKING DIRECTLY TOWARDS WHAT'S IN FRONT OF US RIGHT NOW, BECAUSE I'VE HEARD SOME TALK AND SORT OF GENERALITIES AND JUST KIND OF GENERAL FEELINGS ABOUT WHERE WE'RE GOING, BUT FOR ME. I NEED TO HEAR THIS THE LANGUAGE THAT'S IN FRONT OF US RIGHT NOW. YOUR THOUGHTS AND FEELINGS ON ON THIS LANGUAGE. BECAUSE THIS THIS IS WHAT WE'RE MAKING A DECISION ON SO THANK YOU. AND THAT'S WHAT I DIDN'T WANT TO PUT WORDS IN CHIEF ROADIES. MOUTH AND SAYING COULD HE ACQUIESCED WHAT WE HAVE? AND I THINK THERE WAS AN AFFIRMATIVE TO HE CAN ACQUIESCE UNDERSTANDING. THE VARIOUS FACETS OF WHAT WE'RE LOOKING AT, AND HOW IT'S GOING TO APPLY. UM SO IT MY CHARACTERIZING YOUR ACQUIESCENCE CORRECTLY OR GET AN ANSWER TO MR KOONTZ'S CONCERN.

THAT'S WHY I HAD FIRE MARSHAL BLANCHARD. COME UP HERE. OKAY CAN DESCRIBE THIS WHOLE LOT BETTER THAN I CAN. SO I'LL LET HIM SPEAK TO IT, OKAY? VERY MARSHALL, PLEASE. MR MAYOR, COUNCIL MEMBERS. SO MY JOB IN THE CITY IS TO INTERPRET CODE. IT'S IN MY JOB DESCRIPTION. SO MY OPINION THAT I'M GOING TO GIVE YOU TWO TODAY IS PART OF MY JOB DESCRIPTION. AS I'VE TOLD YOU IN THE PAST. I AM YOUR ENFORCER. IF YOU DECIDE TO CHANGE AN ORDINANCE OR ORDINANCE THAT ARE ALREADY IN PLACE. I'M THE GUY ON THE STREET FOR YOU TO MAKE SURE THAT YOUR WISHES ARE CARRIED OUT. SO LOOKING AT THIS NEW ITERATION OF THE FIRE CODE. I SEE A NUMBER OF THINGS. THAT ARE TROUBLESOME TO ME. FIRST THE LANGUAGE CODE OFFICIAL. THAT'S FOLLOWED BY. FOR THE LEVEL OF CONFORMANCE WITH CHAPTER NINE OF THE IBC OR THE I. F. C. DEPENDING ON THE E B. C, WHICH IS THE INTERNATIONAL EXISTING BUILDING CODE. COMPLIANCE PATH SELECTED. SO THE WAY I INTERPRET THAT IS DEPENDING ON WHICH WAY WE WANT TO GO. WE'RE EITHER GOING TO GO WITH THE IBC IN THE BUILDING OFFICIAL WILL MAKE THE RULING. OR THE I F C. THE FIRE MARSHAL WILL MAKE THE RULING. SO WHEN WE'RE TALKING ABOUT THE FIRE CODE THIS CODE HERE SAYS OR THIS ORDINANCE HERE, SAYS. YOU CAN CUT THE FIRE MARSHAL OUT OF THE DECISION MAKING PROCESS. IT ALSO TALKS ABOUT GROUP AND NOW

[04:05:05]

IF YOU SWITCH TO PAGE TWO. YOU'LL NOTICE THAT THERE ARE 26 DIFFERENT GROUPS. IN THE FIRE CODE IN THE BUILDING CODE. THIS ONE. TALKS ABOUT ONLY MERCANTILE . NOW MERCANTILE DOES TALK ABOUT 12,000 SQUARE FOOT LIMIT. IT'S NOT THE ONLY LIMITED TALKS ABOUT IF YOU LOOK ABOUT JUST BELOW WHERE IT SAYS GROUP M. NUMBER FOUR. YOU'LL NOTICE THAT IT SAYS 5000 SQUARE FEET. AND THAT'S BASED ON THE HAZARD. NOW WHEN WE'RE TALKING ABOUT WHEATLAND PLAZA. MOST OF THE BUSINESSES AND WHEATON PLAZA DO NOT FOLLOW. THAT'S CORRECT. WE ARE NOT TALKING ABOUT THAT. FIRE MARSHAL BLANCHARD. WE'RE TALKING ABOUT THIS ORDINANCE AS IT APPLIES TO THE ENTIRE CITY. OKAY. MY APOLOGIES. SO WE'RE TALKING ABOUT THE MAJORITY OF THE BUSINESSES IN THE CITY THEY FOLLOW UNDER GROUP B OR BUSINESS CLASS. AND DOWN AT THE VERY BOTTOM OF THE PAGE THAT LAST PARAGRAPH OUTLINES THE TYPE OF BUSINESSES YOU'LL FIND IN BUSINESS. LIKE AMBULATORY CARE FACILITIES. BANKS BARBER AND BEAUTY SHOPS, CAR WASHES. CLINICS DRY CLEANING AND LAUNDRY SERVICES. THE LIST GOES ON. SO IF I WERE TO SAY I'M GONNA DO A FOCUSED ORDINANCE ON ONE TYPE, I WOULD PICK THE BUSINESS. UH, GROUP GROUP B. RATHER THAN MERCANTILE. WHEN YOU'RE TALKING ABOUT MERCANTILE, MOST OF THAT HAS TO DO WITH FACTORY TYPE STUFF OR CONSTRUCTION TYPE STUFF. SO UNDER MERCANTILE. WE'RE TALKING ABOUT IF YOU'RE ASSEMBLING FURNITURE. FOR STORING FURNITURE. IF YOU'RE ASSEMBLING FURNITURE THAT THAT LEVEL DROPS WHEN 12,000 SQUARE FEET DOWN TO 5000 SQUARE FEET. UH, THE FIRE CODE IS. IT'S NOT JUST ONE CHAPTER ON WHERE YOU FIND FIRE PROTECTION. IT'S THROUGHOUT THE WHOLE BOOK. IT'S THROUGHOUT THE WHOLE.

INTERNATIONAL BUILDING CODE AS WELL. SO THE WAY THIS ORDINANCE IS WRITTEN. WE'RE GONNA GO AHEAD AND WE'RE GOING TO IGNORE 25. DIFFERENT GROUPS. AND WE'RE GOING TO BASE THIS ORDINANCE SOLELY ON GROUP M. AND THAT, LIKE I SAID, MY JOB IS INTERPRETING THE CODE AS IT'S WRITTEN. THAT'S HOW IT INTERPRETED I LOOK AT IT. AND SAY, WELL, IT'S A GROUP B. IT DOESN'T FALL UNDER THIS. NOW WHEN WE'RE TALKING ABOUT SPRINKLER SYSTEMS. SINCE THIS BEGAN IN EARLY FEBRUARY. I'VE HAD TO APPROVE TWO BUSINESSES THAT WERE GETTING READY TO SPRINKLE THEIR BUILDINGS BECAUSE IT WAS REQUIRED BY CODE. I'VE TOLD THEM THEY NO LONGER NEED TO DO THAT, AND THEY'RE MOVING FORWARD WITHOUT SPRINKLING. SO YES. THE ORDINANCE HAS IT'S WRITTEN IS RESTRICTIVE, BUT IT MAKES OUR CITY SAFER. AND PART OF OUR MOTTO IS A SAFE CITY. SO THE MORE WE REDUCE THIS. THE LESS CHANCE WE GOT TO BRING THE CITY UP TO A SAFER STANDARD. AND . THE MORE OPPORTUNITY WE'RE OPENING OURSELVES UP. OUR CITIZENS AND THE CUSTOMERS OF THESE BUSINESSES. UH, TO POTENTIAL. LOSS OF LIFE. OR INJURY OR LOSS OF BUSINESS. OKAY QUESTION. YES, SIR. HE MADE A STATEMENT CONCERNING THE USE OF THE ACRONYMS. IBC I, FC AND I, E. B. C AND YOU SAID THAT I'M NOT SURE HOW THAT MEANS YOU EXPLAIN. HOW THE USE OF EITHER OF THOSE CODES WOULD TAKE YOU AS THE FIRE MARSHAL OUT OF THE DECISION MAKING PROCESS. YOU SAID ONE OF THOSE WOULD TAKE YOU OUT OF THE DECISION MAKING PROCESS. I WROTE IT DOWN, BUT I WASN'T SURE WHICH ONE OF THOSE CODES YOU FEEL TAKES YOU OUT OF THE DECISION MAKING PROCESS. SO THE BUILDING. OFFICIAL. IS THE ONE THAT'S THE STEWART OVER THE INTERNATIONAL BUILDING CODE.

THAT'S THE IBC THAT'S THE IBC. OKAY THE STEWARD OF THE I F C G I F C IN THE STATEMENT READS THAT DEPENDING ON THE INTERNATIONAL EXISTING BUILDING CODE. COMPLIANCE PATH SELECTED.

[04:10:02]

SO IF THEY DECIDE WELL, WE'RE NOT GOING TO LOOK AT THE I F C FOR THIS. WE'RE LOOKING AT THE IBC. THEN IT'S THE BUILDING OFFICIAL MAKING THE DETERMINATION ON WHETHER OR NOT THE FIRE PROTECTION. THAT'S NEEDED FOR THAT BUILDING. OH, THEM. IS IT UP. TO US AS A COUNCIL TO DECIDE. OR ELIMINATE BUT I DON'T KNOW. IT SEEMS LIKE . YOU REALLY BROUGHT UP IN A VERY IMPORTANT POINT HERE IN TERMS OF TAKING YOU OUT OF THE DECISION MAKING PROCESS DEPENDING ON HOW THE IBC THE FCC IS THE PATH SELECTED. I HAVE TO TURN TO OUR CITY ATTORNEY. TO REALLY GET BECAUSE YOU WROTE THIS AND I THINK BASED ON WHAT'S JUST BEEN SAID BY THE FIRE MARSHAL. HOW DO YOU FEEL ABOUT WHAT YOU HAVE TO LOOK AT THE NEXT AGENDA ITEM? BECAUSE THESE THINGS NEED TO READ THE SAME SO THAT THEY CAN BE INTERPRETED TOGETHER. OKAY THAT IBC TRUMPS THE FIRE CODE EVER. SO THE FIRE CODE REQUIRES A FIRE CODE RESPONSE. THEN HE'S NOT GONNA SIGN OFF ON IT. THE IBC THE BUILDING OFFICIAL CAME DECIDE ALL THE FIRE CODE THAT APPLY.

YOU ADOPTED THAT SO I WOULD DISAGREE WITH STEVE ON THAT. THAT WE JUST WANT THESE THINGS TO READ TO THE SAME CAN'T HAVE ONE CONTRADICTING THE OTHER. SO ONCE WE DECIDED, AND THIS POSSIBLE POLICY DECISION, ALL MY JOB WAS TO MAKE SURE THAT YOU CODES READ THE SAME. SO THAT MR BLANCHARD DIDN'T KNOW WHICH ONE TO APPLY OR THE BUILDING OFFICIAL DIDN'T WHICH ONE AND THE BUILDING OWNERS DON'T KNOW WHICH ONE APPLIES AND THAT'S WHY I ASKED THE QUESTION BECAUSE OF HIS COMMENT IN TERMS OF HE HOUSE. HE'S INTERPRETING THIS LANGUAGE THAT YOU CRAFTED. AND HOW YOU AS THE ATTORNEY OF CRAFTED IT INTENTIONALLY. BUT NOT WITH THE PURPOSE OF EXCLUDING HIM IN THE PROCESS. I DON'T BELIEVE THAT THAT'S THE CASE. UM YOU KNOW, AND I DID MENTION EARLIER ABOUT USING GROUP M AND IT HAS BEEN DISCUSSED. I THINK I ASKED YOU WHY HE'S JUST GROUP AND SAID, I JUST DID, UM KIND OF WE HAVE WE HAD. SO THE COMMENT THAT WAS YEAH.

IS THERE A POSSIBILITY OF ADDING GROUP B TO THIS? THAT WE COULD APPROVE THIS AS WE SEE IT WITH AN AMENDMENT TO ADD GROUP B TO WHAT WE SEE HERE. CHAPTER NINE GROUP AM AND GROUP B. IF WE CHOSE. OH, OKAY. SO. WE CAN DO IT LATER LATER LATER, OKAY. BASED ON THE INPUT, WE'VE JUST RECEIVED THE FIRE MARSHAL, WHICH WHICH HAS SOME VALIDITY. IT DOES. OKAY. ALL RIGHT. UM IF I MAY, MR MAYOR, SIR, PLEASE DIFFERENCE WOULD BETWEEN THE IBC IN THE I F. C. VERY SIMPLIFICATION IS THE IBC TALKS ABOUT THE BUILDING? HOW YOU CONSTRUCTED. HOW TO COME UP WITH THE WALLS OR THE DOORS WHERE THE WINDOWS GO, SO THIS BUILDING DOESN'T FALL DOWN. I, FC TALKS ABOUT WHAT YOU'RE GOING TO PUT IN THAT BUILDING. AND HOW YOU'RE GOING TO PROTECT WHAT YOU'RE PUTTING IN THAT BUILDING. YOU CAN HAVE 10 DIFFERENT 12,000 SQUARE FOOT BUILDINGS. AND ONE CAN BE A BARN. FULL OF HAY. THAT CAN GO UP LIKE A TINDERBOX. ONE CAN BE COMPUTER FARM. THAT YOU DON'T WANT SPRINKLERS IN THERE BECAUSE IF YOU SET OFF THE SPRINKLER SYSTEM, YOU'RE GOING TO DESTROY ALL THE EQUIPMENT. IT COULD BE FULL OF EXPLOSIVES. SO . WHEN YOU'RE LOOKING AT THE IBC , THEY'RE LOOKING AT THE BUILDING AS A WHOLE OF HOW WE'RE GOING TO BUILD THIS BUILDING.

AND THAT'S WHY SPRINKLERS DO SHOW UP IN THE IBC. BUT ONE MORE TALKING ABOUT WHAT WE'RE PUTTING IN THERE AND HOW WE'RE GOING TO PROTECT IT. THAT'S WHERE THE I F C COMES INTO PLAY, OKAY? UM I SEE MR GARCIA HAS HAS, DID YOU? WANTED TO ADD ANYTHING IN MR CONTRERAS WANTS TO ADD SOME ADDITIONAL COMMENTS. UM, BUT, MR GARCIA, I'M WONDERING DID YOU WANT TO SAY SOMETHING? THANK

[04:15:03]

YOU. VERY NO, I HAVE NOTHING AT THIS TIME. OKAY? WELL I WASN'T SURE. OKAY, BECAUSE MR CONTRERAS WANTS TO ADD THEM. MR KOONTZ WANTS TO COME BACK. UNDERSTAND THE CORRECT OKAY, MR CONTRERAS YESTERDAY, PLEASE. THANK YOU. WELL, I WANT TO AGREE WITH THE FIRE MARSHAL ON TWO POINTS HE MADE WHAT ONE IS, UM. AND HERE'S IN HIS HAND OUT THAT HE GAVE US THAT HAS BEEN READING FROM WHERE IT SAYS, DEPENDING ON THE I E. B. C COMPLIANCE PATH SELECTED HE IS RIGHT THAT THE I E. B C IS UNDER THE JURISDICTION OF THE BUILDING. OFFICIAL. SO IF YOU WENT IN AND LOOKED AT THE COMPLIANCE PATHS THAT MAY BE AVAILABLE, THOSE ARE OPTIONS. UM WHICHEVER ONE HE SELECTS MAY IMPACT HOW INVOLVED FIRE DEPARTMENT IS NOW. SO I DON'T KNOW WHAT THE ANSWER TO THAT IS.

WHO'S THE HE JUST WHEN OFFICIALS OKAY, THAT'S GOING TO IMPACT. THAT SHOULD NEVER HAPPEN BECAUSE OF RELATIONSHIP BETWEEN THE BUILDING OFFICIAL IN THE FIRE MARSHAL SHOULD BE THAT EVEN IN A CASE LIKE THIS, THAT DECISION ON THE PATH SELECTED SHOULD BE AS A DISCUSSION BETWEEN THE TWO NO, IT'S NOT WRITTEN THAT WAY. BUT IT ONLY MAKES SENSE. THAT'S WHAT SHOULD HAPPEN. THAT SHOULD BE A SHARED DECISION. I HAD A HISTORY OF WORKING WITH SOME REALLY GREAT FAR MARSHALS THAT THAT WAS A NATURAL FOR US NEVER DID ANYTHING WITHOUT THE INPUT BACK ON HOW IT IMPACTS THEIR ROLE, SO , BUT IT'S A GOOD POINT THAT HE BRINGS UP BECAUSE THAT CAN AFFECT HIS HIS. HIS INVOLVEMENT IN THAT, DEPENDING ON THAT PATH. I DON'T KNOW WHAT THOSE PATHS ARE, BY THE WAY, I'D HAVE TO GO LOOK AT IT. UM THE. THE SECOND THING BACK TO THE OCCUPANCIES. WHEN, WHEN GUS PUT TOGETHER THE LIST FOR US OF THE 250. UM BUILDINGS OVER 6000 SQUARE FEET. I'M SURE. AND I NEVER ASKED HIM FOR THIS, BUT I'M SURE IT'S A COMBINATION. UM BUSINESSES LIKE SHOPPING CENTERS. BUT LET'S TAKE LET'S GO BACK AND JUST LOOK AT THE EXPLORER SOUTH CEDAR RIDGE AREA. WHERE YOU'VE GOT PLENTY OF 6000 SQUARE FOOT BOX BUILDINGS. WHAT YOU'RE GOING TO FIND IN THERE TOO FAR. MARSHALL POINTS YOU'RE GONNA FIND FACTORY. AND INDUSTRIAL. YOU'RE GONNA FIND MERCANTILE, YOU'RE GOING TO FIND STORAGE. UM, AND MAYBE MAYBE ONE OTHER HERE. UM SO YOU ARE GONNA HAVE TO INCLUDE THEM. YOU CAN'T JUST LIMIT THIS BECAUSE DEPENDING ON WHAT THEY'RE DOING IN THERE UM, YOU WANT THIS TO APPLY TO ALL OF THEM? AND THAT'S GOING TO CHANGE WIT OCCUPANCY, R COMPLICATES. UM NOW THE OTHER PART OF THIS, AND I GUESS WE CAN GET A BREAKDOWN ON THE NUMBER OF SOME OF THESE OTHERS ARE GOING TO BE PRIMARILY AGAIN TO THE FARM. MARSHALL'S POINT, THEY'RE GOING TO BE BUSINESS CATEGORIES.

THEY'RE GOING TO BE, UM LET'S SAY LIKE A KROGER STORE. SOMETHING LIKE THAT, AND THAT'S A BUSINESS OCCUPANCY. SO THAT ALL HAS TO BE LOOKED AT. I DON'T THINK WE'RE READY ANYWHERE NEAR READY. TO APPROVE OR NOT APPROVE THIS BECAUSE THOSE DISTINCTIONS HAVE TO BE DRAWN UP IN THE ORDINANCE. I BELIEVE THAT'S MY OPINION. THANK YOU. MR CROWNS. LET ME GO WITH MR COONS, PLEASE.

YES, SIR. THANK YOU, MARY. MY UNDERSTANDING IS BECAUSE YOU TALK ABOUT INTERPRETATION OF WHAT'S IN FRONT OF YOU, RIGHT? AND I MEAN, IS THERE ANY WAY JUST TALKING ABOUT IN DEPENDING ON IBC COMPLIANCE PAST ELECTED. IS THERE SOME WAY THAT THAT LANGUAGE CAN BE CHANGED? SO THAT BECAUSE IT SOUNDS LIKE WHAT YOUR INTENT WAS IN DRAFTING. IT ISN'T HOW HE'S INTERPRETING IT. AND SO IS THERE ANYWHERE IN HERE WHERE WE CAN CHANGE SOME OF THIS LANGUAGE? SO THAT'S NOT INTERPRETED IN SUCH A WAY THAT THE FIRE MARSHAL IS MARSHALL AS I UNDERSTAND IT, IF THAT'S HOW HE'S INTERPRETING, IT'S AN EXISTING BUILDING AND I GO IN, AND I'M THE BUILDING OFFICIAL, AND THIS NEEDS TO BE FIXED. THAT NEEDS TO BE FIXED. YOU NEED A DOOR OVER HERE AND THE WINDOW OVER THERE. YOU STILL NEED THE FIRE MARSHAL TO SIGN OFF ON AND CERTIFICATE OF OCCUPANCY. SO HE STILL HAS TO DO A FIRE INSPECTION. FORGIVE ME MARRIAGE. JUST A POINT OF CLARIFICATION.

UM SO WE'RE AN ITEM F ITEM F DEAL SPECIFICALLY, IF YOU RECALL IN MY PRESENTATION, THIS IS THE SAME PRESENTATION FOR BOTH ITEM F AND G. WE'RE SPECIFICALLY DEALING WITH ARTICLE TWO CHAPTER FIVE BUILDING IN GENERAL BUILDING REGULATIONS. WE SEEM TOO FOCUSED ON THE ORDINANCE AMENDMENT AS IT REPLIES TO ITEM G, WHICH THAT'S THE FIRE CODE. ARTICLES OF CHAPTER FIVE IS THE BUILDING IN GENERAL BUILDING REGULATIONS, AND WE SHOULD PROBABLY FOCUS ON THAT ONE AT THIS POINT IN TIME, THE SAME ARGUMENT BECAUSE THAT'S CORRECT . I JUST WANT TO MAKE THAT POINT

[04:20:02]

OF CLARIFICATION. THINGS READ TOGETHER, SO I DON'T READ THESE TWO THINGS TOGETHER. WHERE THE BUILDING OFFICIAL USURPED THE AUTHORITY OF THE FIRE MARSHAL. TO MR BLANCHARD'S POINT. I DECIDE WHAT WHAT YOU'RE DOING IN THERE AND THEN I GET TO DECIDE WHAT THE FIRE CODE REQUIREMENTS ARE. THE BUILDING OF OFFICIAL SAYS. WHERE THE WINDOWS NEED TO GO AND THE DOORS AND HOW STRONG THEY NEED TO BE ETCETERA. SO WHERE. WHY WE HAD TO CHANGE BOTH OF THEM. THEY SEEM TO CONTRADICT EACH OTHER IN THE EXCEPTIONS AND SO WE WERE TRYING TO MAKE THEM SO THEY WERE READ TOGETHER SO THAT MR BLANCHARD AND WHOEVER THE BUILDING OFFICIAL IS WOULD HAVE THAT COLLABORATION AND COLLABORATION TO DECIDE. WHETHER I GET MY CEO OR NOT WHAT I HAVE TO DO INSIDE THE BUILDING TO CONSTRUCT IT CORRECTLY. AND THEN TO THE FIRE MARSHAL'S POINT WHAT I'M DOING IN THERE, TOO. DO YOU NEED EXTRA FIRE STUFF? SPRINKLERS FIREWALLS, FIRE SEPARATION AREAS, ETCETERA. FIRE EXTINGUISHERS. RETARDANT MATERIALS, ETCETERA. YOU KNOW, SO JUST. GOING BACK TO MR GARCIA'S COMMENT, LOOKING AT THE AGENDA. ITEM F I RESENT REASON RELATES TO CHAPTER FIVE, ARTICLE TWO. WHICH IS THE BOTTOM PIECE OF WHAT WE HAVE SHOWN UP HERE. AND ITEM G IS CHAPTER NINE ARTICLE FOUR, WHICH IS THE FIRST PIECE FOCUSING ON THE FIRST PIECE, WHICH, ESSENTIALLY WE'RE TALKING ABOUT ITEM G. RIGHT WE'RE ACTUALLY ON ITEM. F. YEAH. BUT AS YOU'RE SAYING CITY ATTORNEY THE TWO ARE MARRIED TOGETHER. WE CAN'T DISCUSS THEM SEPARATELY. SO WHAT WE'RE REALLY IF WE IF WE BUY OFF ON EFFORT BUYING OFF ON G BECAUSE THEY NEED TO READ THE SAME SO THAT THERE'S CLARITY FOR THE BUILDING OFFICIAL AND THE FIRE MARSHAL TO APPLY TO HAVE THAT.

COLLABORATION AND MAKING A DECISION ABOUT THEY USE IN THE CITY. OKAY AND WHAT THE FIRE SAFETY REQUIREMENTS ARE AS WELL AS THE BUILDING REQUIREMENTS. MR COONS QUESTION. YOU KNOW, HE HAD GREAT MERIT IN TERMS OF YOUR EXPLAINING. WHY YOU'VE CRAFTED THIS AS IT IS AND KNOWING THAT ONE CAN'T OPERATE WITHOUT THE OTHERS. BUILDING OFFICIAL AND THE FIRE MARSHAL ARE GOING TO BE LINKED TOGETHER. ONE CAN'T DO. THE SAME ONE CAN OPERATE INDEPENDENTLY OF THE OTHER. IF THE BUILDING OFFICIAL SAYS THIS IS A FIRE MARSHAL STILL HAS TO COMMUNICATE TO LOOK AT IT SO THE CONCERN OF THE FIRE MARSHAL, SAYING HE'S OUT OF THE PICTURE. UM IT WAS NOT APPLICABLE. REALLY YOU KNOW, IT SHOULDN'T SHOULDN'T BE MR BLANCHARD. SO AND THAT'S WHY THIS IS HERE. THIS IS WHY WE'RE HAVING THIS OPEN DISCUSSION AND TO REALLY TO LAY IT ALL ON THE TABLE BECAUSE THE FUTURE OF HOW WE GO AND LOOKING AT THESE 250 BUILDINGS THAT YOU KNOW, I HAD ANOTHER QUESTION ALMOST DOESN'T WANT TO ASK IT BUT HAVE THOSE 250 BUILDINGS. SO MANY OF THEM HAVE A SPRINKLER SYSTEM ALREADY? SO WE'RE STILL COMPILING THAT INFORMATION THERE AS WE GO ALONG MORE SPRINKLERS, SO SOME OF THOSE WILL HAVE SPRINKLERS, BUT VERY FEW OF THEM, OKAY? ALL RIGHT, MR COONS . I STILL CONTINUE ALONE. SORRY. IT WAS ACTUALLY FOR GUS GARCIA MEETING THAT YOURS. THIS IS ABOUT THE APPROVED THIS. WE APPROVED THIS AS IT IS BEFORE US TONIGHT. HOW WOULD THE CITY OF DUNCANVILLE LOOK AS FAR AS OUR ORDINANCE COMPARED TO THE ORDINANCES OF CITIES AROUND US.

SO I HAVEN'T DONE AN ASSESSMENT . OBVIOUSLY UM, I'M NOT A CODE EXPERT, RIGHT? SO I HAVEN'T DONE AN ASSESSMENT FROM OTHER CITIES . THAT PROBABLY SOMETHING MORE APPROPRIATE FOR MR HAGAR. OR FOR MR BLANCHARD OR MR ROHDE TO ANSWER PERFECTLY HONEST. GOOD IDEA. UM. GO AHEAD. SORRY. SO THE QUESTION WAS, IF WE APPROVE THIS ORDINANCE AS WE HAVE IT TONIGHT. HOWARD. OUR ORDINANCE, THE CITY OF DUNCANVILLE LOOK COMPARED TO THAT OF OTHER CITIES. WE DON'T KNOW. OR MR ORIGINAL ORDINANCE THAT WE HAD BEFORE WE STARTED CHANGING IT. FALL IN LINE WITH MOST OF THE SURROUNDING CITIES. THOSE WERE THE OPTIONS. FROM THE COG. AND CITIES ADOPTED THOSE OPTIONS, EITHER ON A PLAN A OR PLAN B. MOST OF THE FIRE MARSHAL'S I'VE TALKED TO OR ON THE B SIDE OF THE OF THINGS, SO, UM, WITHIN THE SURROUNDING AREAS. PRIOR TO CHANGING THE ORDINANCE AT ALL.

UM ALIGNED MORE WITH THE CITIES. THROUGHOUT THE METROPLEX. THE ONE THING THAT WE DID CHANGE

[04:25:04]

FROM THOSE ORIGINAL AMENDMENTS AS WE THOUGHT 6000 FOR NEW AND 6000 FOR EXISTING WAS JUST TO CONSTRAIN US FOR US. SO WE BACKED IT OFF TO 10,000 SQUARE FEET. FOR EXISTING SO WE'RE MORE LENIENT. THAN MOST OF THE CITIES THAT ADOPTED OPTION B. SO IF I COULD ADD TO THAT, JUST TO JUST TO ADD SOME COLOR TO WHAT AH FAR , MARSHAL BLANCHARD SAID. AS YOU KNOW, EVERY CODE THAT WE DEAL WITH IS UNIQUE TO EVERY CITY. EVERY CITY IS DIFFERENT. ONE OF THE ISSUES WITH THE CITY OF DUNCANVILLE. WHICH IS WHY WE'RE HERE TODAY IS BECAUSE WE'RE 95% BUILT OUT. WE DON'T HAVE. THE OPPORTUNITY FOR INDUSTRIAL BUILDINGS. WE DON'T HAVE THE OPPORTUNITY FOR NEW LARGE ECONOMIC DEVELOPMENT AND THOSE TYPES OF BUILDINGS. SO EVERYTHING WE DO. WE HAVE TO FOCUS. WHAT'S SPECIFIC TO DUNCANVILLE. SO ALTHOUGH THE QUESTION IS A GREAT QUESTION, I THINK IT'D BE WHO'S THE COUNCIL TO THINK SPECIFICALLY FOR DUNCANVILLE. AND HOW THIS WOULD APPLY TO DUNCANVILLE. I THINK THERE'S BEEN TIMES AND WE MAYBE DIDN'T CONSIDER THAT ADOPTED SOME CODES AS YOU ALL KNOW, BECAUSE WE BRING THESE TO YOU BEFORE. WHERE WE'RE ADOPTING WHAT OTHER CITIES DO, AND IT'S NOT SPECIFIC TO DUNCANVILLE. WE'RE HAVING TO AMEND THOSE, WHICH IS ONE OF THE REASONS WHY WE'RE HERE TODAY, SO THAT'S ALL I WOULD ADD. OKAY. THANK YOU.

ANY FELLOW ON MR KOONTZ. OKAY? UM I THINK WE'RE ABOUT TO BRING THIS TO A DECISION POINT. AND THERE'S BEEN A LOT OF DISCUSSION ABOUT THIS. IN TERMS OF WE HAVE A GREAT DEAL OF EXPERTISE RANGING FROM A WHOLE LOT TO VERY, VERY LITTLE. AND IT'S HARD JOB TO TAKE THAT INTERPRETED CHUAN IT RUN IT THROUGH THIS LITTLE COMPUTER. WE GOT BETWEEN OUR EARS AND SAY, WHAT'S WHAT'S BEST FOR OUR CITY. UM WE HAVE A FIREFIGHTER ON THE CITY COUNCIL WHO BELIEVES THAT WHAT WE HAVE IN FRONT OF US IS A GOOD THING. AND KNOWING THAT PARTICULAR. ASPECT OF THE INTERPRETS IT AS A GUY THAT'S PUT ON THE COAT AND THEN RAN IN THERE, AND BOTH OF YOU HAVE PUT ON THE COAT. AND RAN IN THERE. LOOKING AT WHAT WE NEED TO DO FOR OUR CITY, KNOWING THAT CAN CAN OUR FIREFIGHTERS AND OUR CAN THE ADMINISTRATION OF OUR FIRE DEPARTMENT. UNDERSTAND WHERE WE ARE AS A CITY TODAY. AND ACQUIESCE. WITHOUT VOLATILE OPPOSITION. I WOULD SAY. AND KNOWING, MR BLANCHARD, WHERE YOU COME AS WELL AND YOU SAID IT VERY, VERY WELL. YOUR YOUR JOB IS TO IS TO FOLLOW WITH THIS COUNCIL PUTS FORTH IN TERMS OF WHAT'S CODIFIED AND WE APPRECIATE THAT.

AND KNOWING WHAT'S FORWARD IN TERMS OF WHAT WE'VE WHAT WE'VE BEEN THROUGH AND WHERE WE'RE GOING, AND THIS APPLIES TO THE ENTIRE CITY, I THINK IS VERY, VERY IMPORTANT AS WELL THAT WE DON'T FOCUS ON ONE PARTICULAR ASPECT OF WHAT'S HAPPENING. UM GOING ALONG WITH WHAT MINISTER MR BRUCE MARY CRUZ SAYS, AND HOW THE CITY ATTORNEY HAS CRAFTED THIS WITH THE UNDERSTANDING AND ALSO THE INPUT THAT OTHER GROUPS COULD APPLY. I THINK WE CAN MOVE FORWARD WITH CHANGING THAT A LITTLE LATER DATE. MOVING FORWARD WITH THIS PARTICULAR ONE AND UNDERSTANDING HOW OTHER AS MR CONTRERAS HAS SHOWN IN WHAT'S IN THE WHAT YOU PROVIDED US WITH FIRE MARSHAL IN TERMS OF OTHER TYPES OF OCCUPANCY THAT EXIST IN THE CITY. WE CAN AMEND THAT AT A LATER TIME. ARE WE TO INTERPRET THAT YOU WANT US TO LOOK AT THE B GROUPS AS WELL? I WOULD THINK SO, YEAH, IN TERMS OF WHAT WE HAVE. IT'S BEEN IDENTIFIED. DIDN'T YEAH, THEY APPLY. AND SO MY SUGGESTION. I JUST PUT IT THIS WAY. I THINK THIS I THINK WE NEED TO APPROVE. THIS IS WHAT WE HAVE, UM DFMGI TIED TOGETHER.

AND WE DO SO WITH AN UNDERSTANDING THAT WE ALSO COME FORWARD WORKING WITH STAFF. AND AMENDING IT TO INCLUDE OTHER TYPES OF OCCUPANCY, AS APPLIED TO THE CITY. SO THAT WE COVER EVERY ASPECT OF WHAT FIRE MARSHAL BLANCHARD HAS SAID, BECAUSE I THINK, AS MR CARSTAIRS HAS SAID, AS WELL. IT'S SOMETHING THAT THAT DOES FIT OUR CITY AND WE ARE UNIQUE, POSSIBLY AND HOW THAT WORKS. SO THAT'S JUST HOW I HOW I FEEL, BUT I THINK IT'S TIME THAT WE TAKE THIS IF I'M LOOKING IF YOU KNOW THIS? THIS IS VERY SERIOUS. AND SO I DON'T WANT TO CALL FOR A VOTE UNTIL I SEE NO LIGHT SHOWING UP THAT WE ARE READY TO DO SO. MR CONTRERAS. I WILL STILL. I WANT TO BE ABLE TO ADD OR HAVE THE DISCUSSION. WHETHER IT'S TONIGHT OR LATER ON WHEN WE TALK ABOUT THE OTHER OCCUPANCY CLASSIFICATIONS. UM ABOUT DECIDING ON WHAT TYPE OF

[04:30:03]

FIREWALLS WE'RE GOING TO ACCEPT. THAT WILL QUALIFY AS DIVIDING A BUILDING INTO TWO SEPARATE BUILDINGS. BECAUSE THAT STANDS RIGHT NOW WE'RE TALKING ABOUT THE TRADITIONAL FIREWALL, WHICH IS THE EXPENSIVE INTRUSIVE. WALL WHICH IS IT'S I MEAN, IT'S DEFINITELY THE BEST. IF YOU'RE GONNA IF YOU'RE GONNA WANT PROTECTION, BUT THAT DOESN'T THAT DOESN'T PRECLUDE. OTHER CODE ALLOWANCES. TO CREATE THOSE SAME TYPE OF SEPARATIONS. WITH OTHER TYPES OF WALL CONSTRUCTIONS THAT ARE NOT EXPENSIVE. SO WITHOUT CLARIFICATION ON WHAT WE'RE MEANING BY BECAUSE IT'S MENTIONED IN HERE. THE FIREWALLS . WE NEED TO DETERMINE WHAT TYPE OF FIREWALLS WE'RE GOING TO ACCEPT. AS FIREWALL MEANS FIREWALL DOESN'T MEAN FIRE SPACE. SO I'M NOT SURE THAT FIREWALL IS A FIREWALL AS A FIREWALL. MAY NOT BE IN THE COAL, HE'LL TERMS BUT IT IS UNDER THE CODES. ARE YOU BELIEVING THAT THE TERM FIRE WALL WOULD INCLUDE A AREA SEPARATION WALL? NO. OKAY, WELL, THAT'S WHAT I'M THAT'S WHAT I'M SHOOTING FOR, BECAUSE WHEN WE TALK ABOUT ECONOMIC DEVELOPMENT AREA SEPARATION WAS IF YOU IF YOU'RE PUSHED INTO IT, AND AREA SEPARATE WASTE SEPARATION WAS A LOT MORE SUITABLE. AND IT'S ALLOWED BY CODE. I UNDERSTAND YOU. DON'T PUT THAT IN THERE NOW. AND YOU DON'T INCLUDE THAT YOU'RE GOING TO HAVE AMPLE OPPORTUNITY TO SEE THIS EVERY TWO YEARS BECAUSE WE'RE THE NEW CODES WERE BEHIND. IN OUR IN OUR CODES. AND TO CHIEF ROADIES. COMMENT EARLIER, THE CODES WERE GETTING STRICTER AND STRICTER AND STRICTER. THEY DON'T THEY DON'T ACCOMMODATE THE PROBLEMS. THE CHALLENGE IS NOT THE PROBLEMS THE CHALLENGES THAT WE HAVE, BECAUSE OUR CITY WAS BEEN BUILT OUT FOR SO LONG. YOU KNOW. GO TO LANCASTER. THEY'RE BUILDING NEW WAREHOUSE. WE'VE ALREADY GOT ONE. CHANCES ARE IT'S NOT SPRINKLED. THE NEW ONES ARE REQUIRED TO BE AND SO WE'RE GOING TO HAVE TO BE INNOVATIVE ON HOW WE TREAT THESE PROPERTIES. TO YOUR POINT. SO IT'S SOMETHING THAT'S KIND OF IT'S CONSTANTLY GOING TO BE A CHALLENGE FOR US. AND THIS IS ONE OF THOSE NIGHTS WHERE YOU GET TO MAKE THE POLICY DECISIONS. BASED ON YOUR PAY GRADE. MR COATES. CAN WE VOTE ON THESE TWO TOGETHER OR DO WE HAVE TO VOTE? YOU CAN VOTE ON THEM TOGETHER. I WAS JUST SAYING THAT THEY'RE KIND OF MARRIED. DUDE THEY'RE PART AND PARCEL TO EACH OTHER. IF ONE GOES THERE, BOTH REFLECT ONE ANOTHER. AND SO THAT'S WHY THEY'RE BOTH ON THE AGENDA. SO CURRENTLY HAS TWO SEPARATE AGENDA ITEMS, BUT I'D LIKE TO REQUEST IT. WE GO AHEAD AND VOTE. ON BOTH OF THEM AT THE SAME TIME, SECOND, MR MAYOR, IF I MAY, SIR, A REQUEST AND ALSO CLARIFICATION. CLARIFICATION IN THE FIRE CODE. THE DEFINITION FOR FIREWALLS SLASH FIRE PARTITION. FIRE BARRIER. ALL MEANS VERY SEPARATE THINGS. SO IN THE CODE. THE DEFINITION DOES MATTER. AND THE REQUEST IS IF YOU PLAN ON APPROVING THIS ORDINANCE THAT REQUEST THAT YOU REMOVE THE LANGUAGE OF GROUP M. BECAUSE I'VE GOT ABOUT 30 PROJECTS RIGHT NOW MARKING ON NONE OF THEM ARE GROUP M. AND UNTIL YOU REVISED THE CODE TO INCLUDE THE OTHER 25. AND I'VE GOT TO PUT HOLDS ON DAYCARES AND LAUNDRY SERVICES AND COFFEE. UH, COMPANIES. I DON'T UNDERSTAND WHAT YOU'RE SAYING. GROUP. ARE YOU SAYING THAT YOU'VE GOT ALL THESE APPLICATIONS AND YOU WERE GOING TO APPROVE THEM TOMORROW? AND IF I PASSED THIS ORDINANCE HERE NOW NOT GOING TO IMPROVE THEM. CORRECT BECAUSE THIS ORDINANCE IS SPECIFIC TO GROUP M. AND RIGHT NOW THE ORDINANCE IS NOT SPECIFIC. HOW WAS IT THAT YOU WERE APPROVING THOSE? BECAUSE IT WAS BASED ON SQUARE FOOTAGE. CLASSIFICATION SO I LOOK IN THE CODE. LOOK AT THE SQUARE FOOTAGE IN THE CLASSIFICATION OF THAT GROUP AND THEN MAKE A DETERMINATION.

[04:35:05]

MR KOONTZ DIDN'T MAKE A MOTION. I KNOW YOU DIDN'T JUST NOW. I'D LIKE TO RETIRE. THE TWO MOVED TO TABLE THAT BOTH OF THESE SECOND . YOU DON'T NEED TO CLOSE DISCUSSION IN THE WAY WE OPERATE . THERE'S BEEN EMOTION WE CAN STILL CONTINUE TO DISCUSS BEFORE WE TAKE A MOTION OR TAKE A VOTE ON THAT PARTICULAR MOTION. THANK YOU. AT SOME POINT THERE NEEDS TO BE AFTER THIS MEETING TONIGHT, THERE NEEDS TO BE SOME DISCUSSION IN TERMS OF THE LEGALITY OF HER. YOU KNOW, WE ARE CITY ATTORNEY. IS MUCH MORE VERSED IN ANY OF THIS THAN ANY OF US. AND THE MANNER IN WHICH IT'S BEEN DONE IN THE INTERPRETATION BY THE FIRE MARSHAL NEEDS TO BE DISCUSSED BETWEEN HIM AND FIRE MARSHAL AND INSPIRED CHIEF. IN TERMS OF APPLICABILITY AND INTERPRETATION . IT'S ALL INTERPRETATION AS WELL AS WHAT IT SAID INTERPRETS. UM. I JUST WANTED TO MAKE THAT THAT THAT COMMENT BEFORE WE VOTE ON TABLING THIS, I THINK WE'VE HAD THIS BEFORE US LONG ENOUGH AND IT'S ADEQUATE ENOUGH IN TERMS OF WHAT OUR CITY ATTORNEY SAYS. UM SO, UM. I THINK WE NEED TO MOVE FORWARD. BUT WE DO HAVE A MOTION TO TABLE. WE HAVE A MOTION TO TABLE OF MR KOONTZ.

THE SECOND BY. I BELIEVE IT WAS MISS GOODEN SO COUNCIL BUT WE HAVE A FOREST IS A MOTION TO TABLE. IF YOU VOTE YES, WE ARE TABLING THIS WERE TAILOR TAILORING BOTH F N G TIME TOGETHER. WE'RE TABLING F N G. BUT IN DOING SO, I THINK WE NEED TO ATTACH TO IT THAT THIS IS GOING TO BE ADDRESSED ONCE AND FOR ALL THE NEXT CITY COUNCIL MEETING. CAN'T CONTINUE TO DRAG THIS ON ANY FURTHER. SO, UM WE HAVE A MOTION TO TABLE. IF YOU VOTE YES. YOU WILL VOTE GREEN IF YOU VOTE NO, NOT TO TABLE YOU VOTE RED. TO THE LEFT OR TO THE RIGHT. MAYOR YES, BEFORE BEFORE WE VOTE WITH BASED ON WHAT YOU JUST SAID. WHAT WHAT IS GOING TO CHANGE BETWEEN NOW AND THE NEXT MEETING IS FAR AS US HAVING NEW INFORMATION, DIFFERENT INFORMATION OR. I MEAN, THAT'S AN ANSWER BY THE CITY ATTORNEY IN DISCUSSION WITH SOMEONE'S GONNA HAVE TO TELL ME WHAT IT IS. THEY THINK THEY'RE DOING. AND WHAT THEY'RE APPROVING AND WHAT CLASSIFICATIONS THEY WANT TO APPROVE AND GET THIS TREATMENT ONCE AND FOR ALL, SO WE CAN MAKE THE RECOMMENDATION AND WRITE THE ORDINANCE CORRECTLY. BUT I'M NOT FIRE MARSHAL AND I'M NOT THE BUILDING OFFICIAL. I'M JUST FOR A LAWYER. ONE NEEDS TO TELL ME WHAT YOU ALL WANT. WE'VE ALREADY ASKED THE QUESTION. CAN WE AMEND THE CLIP? THE CLASSIFICATIONS OF OCCUPANCY LATER AND THE ANSWER WAS YES, WE CAN YES, WE CAN. WE CAN'T DO SO. SO. I SEE YOU WANT TO SAY SOMETHING, MR JUST SO HE MADE SOME STATEMENTS ABOUT GROUP M. AND THEN YOU MADE SOME STATEMENTS AND SAID THAT WE CAN'T VOTE ON THIS TONIGHT.

YES, ABOUT. SO THAT'S THAT'S WHY I MOVED THE TABLE BECAUSE. BASED ON WHAT YOU JUST SAID. IF WE APPROVE THIS, THEN IT HAS IF IT'S A CHURCH OR SCHOOL OR DAYCARE. RESIDENTIAL ANY OF THAT. HE'S NOT GOING TO BE ABLE TO DO ANYTHING WITH IT. OKAY AND I MEAN MY UNDERSTANDING THAT CORRECTLY. BUT AT THE SAME TIME I ASKED MUCH EARLIER IF WE COULD AMEND THIS LANGUAGE TO INCLUDE THE OTHER CLASSIFICATIONS OF OCCUPANCY AND DO IT TONIGHT AND AMEND IT TONIGHT INSTEAD OF DOING IT SOME OTHER TIME. WE COULD DO THAT. YES, WE SURE COULD. WE CAN TAKE AND SAY TYPES OF OCCUPANCY. ONE THROUGH 10 IS IDENTIFIED IN THE I F. B C. WE WERE WRITING THE RECORD AND SAY

[04:40:02]

WHATEVER I KEEP INSEE RESIGNATION, THEY HAVE TO BE S C W D WHATEVER THEY ARE WITHOUT IDENTIFYING THEM BY GROUP. UM OR WHATEVER THEY'RE OUT WHETHER EVER THEIR ALPHABET APPLICATION IS, WE COULD SAY AS APPLICABLE. TO OUR CITY IN ACCORDANCE WITH THE E. B. C. WE GET AMEND THAT LANGUAGE. IT WOULD TAKE OUT THE M, BUT IT WOULD ALLOW THE FIRE MARSHAL TO HAVE FULL FLEXIBILITY AMONG ANY TYPE OF ARGUMENTS HE LISTED HERE AS ONE THROUGH 10. DID YOU APPROVE? I MEAN, SOMEONE NEEDS TO ASK HIM IF HE CAN IMPROVE THESE THINGS. HE'S GOT SITTING ON HIS DESK TOMORROW MORNING BECAUSE HE JUST TOLD ME HE COULDN'T. NO I WOULD NOT WANT TO BE THE CITY MANAGER TOMORROW MORNING. WHEN I GET ALL THESE BUILDING OWNERS COLIN GOING, HOW COME I CAN GET MY CEO APPROVED? YEAH, THAT'S GOOD NEWS. STILL HAVE A QUESTION, BUT GO AHEAD. I HAVE A QUESTION. UM YOU SAID 26 DIFFERENT TYPES OF OCCUPANCIES. SO WOULD YOU NEED IN ORDER FOR YOU TO DO YOUR JOB? WOULD YOU NEED IT TO SAY ALL 26 OR JUST THE ONE THROUGH 10? AND I'M ASKING BECAUSE FROM MY EXPERIENCE WHEN I WOULD DO STORMWATER INSPECTIONS, THERE ARE A NUMBER OF DIFFERENT SECTORS AND I CAN'T JUST LIMITED TO ONE SECTOR SUCH AS SECTOR M MEANS THAT THEIR MANUFACTURING FOOD BUT YOU HAVE ONE THAT'S MANUFACTURING FURNITURE SO THAT FALLS UNDER A DIFFERENT SECTOR IN ORDER TO EMPOWER ME TO GO OUT AND DO MY JOB. I NEEDED TO ENCOMPASS ALL UH, OF THE DIFFERENT SECTORS. SO THAT'S HOW I'M KIND OF RELATING THIS IN MY HEAD YOU IN ORDER FOR YOU TO BE ABLE TO SUCCESSFULLY DO YOUR JOB . YOU NEED THIS ORDINANCE TO BE ABLE TO IDENTIFY. ALL OF THE SECTORS ARE JUST ONE THROUGH 10. NO. IF YOU JUST REMOVED GROUP M THEN ALL WILL BE LOOKED AT. SO RIGHT NOW, YOU SINGLED IT DOWN TO ONE PARTICULAR GROUP. AND IF YOU JUST TAKE THAT LANGUAGE OUT THEN I CAN LOOK AT ALL CLASSIFICATIONS OF ALL THE GROUPS LANGUAGE WOULD READ AS THE LANGUAGE AND READ BUT DOES NOT EXCEED THE 12,000 SQUARE FOOT FIRE PROTECTION THRESHOLD OF CHAPTER NINE. COMMA AUTOMATIC FIRE. SPRINKLERS ARE NOT REQUIRED. ETCETERA. MR MR HAGAR.

YES. SO HE WANTS ME TO STRIKE FOR OUR GROUP M. THAT'S IT, HE WOULD SAY FIRE PROTECTION OF THRESHOLD OF CHAPTER NINE COMMA AUTOMATIC FIRE SPRINKLER. SAYS. YEAH. I'M FINE. YOU CAN CHANGE THE SAME WAY YOU WANT. I JUST WANT TO WRITE WHAT IT IS. THAT HE THINKS HE'S DOING SO HE CAN DO HIS JOB TOMORROW MORNING. THAT'S WHY I ASKED THE QUESTION EARLIER. CHANGE IT CHANGE IT LATER, BUT BASED ON WHAT MR BLANCHARD SAID TOMORROW, HE'S GOING TO OPERATE IN A TOTALLY DIFFERENT WAY, WHICH IS GOING TO BE TO THE DETRIMENT OF OUR CITY. SO IF HE'S GOING TO OPERATE TOMORROW MORNING AT EIGHT O'CLOCK TO THE DETRIMENT OF OUR CITY, WE NEED TO DO SOMETHING TO OBVIATE THAT TONIGHT, RIGHT BY STRIKING FORCE STRIKING OUT FOR GROUP M M. SO THAT BEING THE CASE IF WE WANT TO MOVE THAT DIRECTION. TO MAKE THIS POSSIBILITY FOR REAL TONIGHT. WE STILL HAVE A TABLE MOTION. ON THE FLOOR. BUT KNOWING WHAT WE INTEND TO BE PROCEEDING WITH, IT IS POSSIBLE THAT THAT TABLE MOTION COULD BE WITHDRAWN. IT'S UP TO THE SECOND PERSON THAT I'M LOOKING AT THE INDIVIDUAL THAT MADE THE MOTION KNOWING WHERE WE WHERE WE WOULD BE GOING, SIR. WE WOULD BE TAKING BUT WE WOULD BE DOING LET'S MAKE IT CLEAR. LET'S FORGET ABOUT THE TABLE. OKAY, BUT WHAT WE WOULD BE DOING IS ASKING THIS ORDINANCE SAYS WE HAVE BEFORE US TO READ. BECAUSE THE NEW FIRE BECAUSE THE NEW TOTAL FIRE AREAS 12,000 SQUARE FEET COMMA BUT DOES NOT EXCEED THE 12,000 SQUARE FEET. FIRE PROTECTION THRESHOLD OF CHAPTER NINE COMMA. AUTOMATIC FIRE SPRINKLERS ARE NOT REQUIRED TO BE ADDED TO THE TENANT FIRE AREA SEEKING SO ON. SO ON SO ON THAT'S WHAT WE ARE AGREEABLE TO. THEN IT'S POSSIBLE THAT THE TABLE MOTION COULD BE WITHDRAWN AND WE SEEK AMENDMENTS TO THIS ORDINANCE HAS WRITTEN AS I JUST READ IT. I'LL WITHDRAW THE MOTION AGREE THE SECOND. I WITHDRAW SECOND, AGREED. OKAY, SO I WILL ACCEPT EMOTION. I WILL ACCEPT ABOUT. WHAT YOU'RE SORRY WORKING TONIGHT. MAN IS JUST A QUICK QUESTION. UM THAT'S

[04:45:05]

PROBABLY NOT GOING TO CHANGE ANYTHING. BUT AT ALL THOSE CEO APPLICATIONS YOU'VE GOT ON YOUR DESK. THAT WE'VE BEEN TALKING ABOUT HOW MANY OF THEM ARE DEALING WITH BUILDINGS OVER 6000. OR EXISTING BUILDINGS OVER 12,000 SQUARE FEET. I DON'T KNOW THE EXACT NUMBER BUT PROBABLY FIVE. THANK YOU. SO THERE THE CHAIR WILL ACCEPT THE MOTION. TO READ AS FOLLOWS. AND THIS APPLIES TO OUR TO CHAT TO ITEM F N G OF THE AGENDA. ARTICLE FIVE CHAPTER NINE FIRE PREVENTION AND PROTECTION 903.2 0.11 0.9 DO BUILDINGS OVER 6000 SQUARE FEET AND EXISTING MILLIONS OVER 12,000 SQUARE FEET. FIRE HAZARD HAS INCREASED. THEREFORE THE TENANT SPACE MUST BE ASSESSED BY THE COURT OFFICIAL FOR LEVEL INFORMATIVE CHAPTER NINE OF THE IBC OR I F. C DEPENDING ON THE ABC COMPLIANCE PATH SELECTED BECAUSE THE NEW TOTAL FIRE AREA IS 12,000 SQUARE FEET BUT DOES NOT EXCEED THE 12,000 SQUARE FEET. FIRE PROTECTION THRESHOLD OF CHAPTER NINE COMMA AUTOMATIC FIRE SPRINKLERS ARE NOT REQUIRED TO BE ADDED TO THE TENANT FIRE AREA SEEKING AN ALTERATION AND CHANGE OF OCCUPANCY. THE REMAINDER OF THE BUILDING IS ALLOWED TO REMAIN IN USE AS A REALLY PERMITTED CAROLYN TANNER MOTION TO APPROVE AS A THIS ORDINANCE AS AMENDED AS READ JUST NOW. TELL. MOVED. SECOND WE HAVE A MOTION TO, UH TO DO AS AMENDED WITH THE SECOND BY MR MCBURNETT A SECOND BY MR COONS, PLEASE VOTE. UNANIMOUSLY APPROVED. F AND G. ARE APPROVED BECAUSE THERE WAS A WE DID EFFORT. DID I SAY F. N G. I DON'T KNOW, I THINK PROBABLY TO CLARIFY IT. UM WELL, MR MCBURNETT SAY AGAIN. I THINK WE BOUGHT A CLARIFYING ALRIGHT, SO

[5.G. Consider an Ordinance amending The Code of Ordinances by amending chapter 9 'fire prevention and protection', article iv 'fire code', by amending section 9-51 "amendments", by amending subsection (43), by repealing section 903.2.11.9 'new buildings over 6,000 sg. Ft and existing buildings over 10,000 sg. Ft. And replacing it with new section 903.2.11.9 "new buildings over 6,000 sg. Ft. And existing buildings over 12,000 sg. Ft."; providing for additional amendments to the fire code, 2015 edition regarding sprinkler system; providing a severability clause; providing a repealing clause; providing a savings clause; providing a penalty for violation of this ordinance not to exceed the sum of two thousand dollars ($2,000.00) for each offense.]

LET'S MOVE ON TO ITEM CHANGING TO ITEM G. AND I NEED TO READ THIS WHOLE PARAGRAPH TO PUT IT INTO THE RECORD. CONSIDERING ORDINANCE AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER NINE FIRE PROTECTION PROTECTION ARTICLE FOR FIRE CODE BY AMENDING SECTIONS. 9 51 MINUTES BY AMENDING SUBSECTION 43 BY REPEATING SECTION 903.2 0.11 0.92 BUILDINGS OVER 6000 SQUARE FEET. AND EXISTING BUILDINGS OVER 10,000 SQUARE FEET AND REPLACING THE NEW SECTION 903.2 0.11 NEW BUILDINGS OVER 6000 SQUARE FEET AND SYSTEM IN OVER 12,000 SQUARE FEET, PROVIDING FOR ADDITIONAL AMENDMENTS TO FIRE CODE 2015 EDITION REGARDING SPRINKLER SYSTEM PROBABLY SEVERABILITY CLAUSE PROVIDING REPEALING CLAUSE PROVIDING SAVINGS CLAUSE WRITING PENALTY FOR VIOLATION OF THIS ORDER IS NOT TO SEE THE SOME $2000 FOR EACH OFFENSE. GENERAL INTENDED MOTION TO PROVE ITEM G SO MOVED OKAY, WE HAVE MOTION TO APPROVE ITEM G. THEY DID. RIGHT SECOND BY MR MCMAHON TO SECOND BY MR KOONTZ, PLEASE VOTE. THANK YOU UNANIMOUSLY APPROVED ALREADY IN NEW YORK. OKAY UH, IT'S FIVE AFTER 11. WE HAVE BEEN AT THIS SINCE SIX O'CLOCK. UM I'M WILLING TO CALL FOR A BREAK LIKE FIVE MINUTES FOR REAL BECAUSE WE STILL HAVE WE HAVE PULLED ITEM FIVE H. I MIGHT. WE HAVE PULLED ITEM FOUR C FROM CONSENT TO INDIVIDUAL CONSIDERATION. AND WE STILL HAVE TO DO THAT. WE HAVE PULLED ITEM FOUR D FROM CONSENT TO INDIVIDUAL CONSIDERATION. WE STILL HAVE THREE BOARD REPORTS, AND WE HAVE THREE EXECUTIVE SESSIONS, SO IF YOU WILL AGREE TO TAKE IN REALLY FIVE MINUTES. WE WILL DO SO. RECESS TIME STAMP. 11 01. PLEASE TAKE FIVE MINUTES AND COME ON BACK QUICK. WE GOT A LOT OF WORK TO DO AND QUITE POSSIBLY WILL BE HERE PAST MIDNIGHT, SO WE NEED TO ENTERTAIN THE THOUGHT OF MAKING . RECONVENING CITY SECRETARY TIMESTAMP IS 11 10. ARE WE STILL GOOD WITH WITH RECORDING? ALL THAT STUFF? EVERYTHING'S GOOD.

OKAY, ALRIGHT, DIDN'T I DON'T DIDN'T KNOW IF I NEEDED TO GIVE HIM A QUEUE FOR THAT, OKAY? TIMESTAMP 11 10 RECONVENING. WE ARE GOING. TO ITEM. FOUR C. NO. RIGHT? BEAUTIFUL CURFEW CURFEW.

FOR B. I DON'T KNOW. WHY. OKAY YEAH, WE'RE GOING TO ITEM FOUR B ON THE CONSENT AGENDA. THIS IS

[4.B. Consider an Ordinance of the city council of the City of Duncanville, Texas repealing Ordinance 2345R codified as Chapter 12 of the Code of Ordinances, Article IX, Curfew Hours for Minors, effective September 1, 2023, to comply with newly amended state law.]

NOW CREATING ITEM FIVE H ITEM FOUR B NOW FIVE H. REEVES. CONSIDER AN ORDINANCE OF THE CITY COUNCIL. OF THE CITY OF DUNCANVILLE, TEXAS. REPEALING ORDINANCE TO 35 RS CODIFIED IN CHAPTER 12 OF THE CODE OF ORDINANCES. ARTICLE NINE CURFEW HOURS FROM MINERS EFFECTIVE

[04:50:01]

SEPTEMBER 1 2023 TO COMPLY WITH NEWLY AMENDED STATE LAW. I GUESS THIS IS CHIEFLY WHITNEY. OH, THERE YOU ARE. OKAY? YES, SIR. UM THIS HAS BEEN REQUESTED TO GO FROM CONSENT TO OPEN. YES, MAYOR CONSIDERATION. GO AHEAD, CHIEF. THANK YOU. I BECAUSE IT WAS CONCERNED. I DON'T HAVE A PRESENTATION FOR YOU. THIS IS NEWLY AMENDED STATE LAW AND, UM AND OPEN ANY QUESTIONS AND I'LL ANSWER THE BEST THAT I CAN AT THIS POINT, BUT THE STATE OF TEXAS HAS PROHIBITED CURFEW LAWS THROUGHOUT THE STATE OF TEXAS. SO FIRST, MR KUHNE SAID MR CONTRERAS. THANK YOU, MARY, AND I'LL TRY TO BE BRIEF BECAUSE I THAT WAS THE ONE THAT ASKED TO HAVE THIS BROUGHT OVER. IS THIS WAS ALONG THE WAY ORIGINALLY ADOPTED IN 1994. IS THAT CORRECT? YES, SIR. EVERY THREE YEARS. WE'VE HAD TO PROVE IT AGAIN. AND YOU'RE NOT ONLY THE CITY OF DUNCANVILLE, BUT OF COURSE, LOTS OF OTHER CITIES ADOPTED THIS ORDINANCE. AND IT'S A REAL SIMPLE ORDINANCES.

THERE'S ONLY THREE OFFENSES THAT ARE MENTIONED. AND. IT'S A GOOD ORDINANCE. IT MAKES SENSE. MY CONCERN IS JUST ON PRINCIPLE. UH SOME OF THE OVERREACH OF THE STATE AND I KNOW THIS IS THIS MAY SEEM LIKE A SIMPLE MATTER. BUT MY CONCERN IS AS FAR AS STATE LEGISLATION. WHAT WHERE THE STOPPING POINT IS GOING TO BE AS FAR AS THREATENING OUR ABILITY TO GOVERN OURSELVES AND SO BOB. THIS IS WHY I BROUGHT THIS OVER BECAUSE I WILL BE VOTING. TO KEEP THIS ORDER.

THANK YOU. MR GUTERRES AND MR MCBURNETT. GPU MAY HAVE ALLUDED TO THIS, UM BUT. IF THIS WERE PASSED WHAT DO YOU WHAT DO YOU SEE AS THE RESULT BEING BASED ON THE NUMBER OF STOPS YOU MAKE AND PROBLEMS THAT GET RESOLVED IN THE MIDDLE OF THE NIGHT THAT WE DON'T KNOW ABOUT. SO WHAT THIS COMES DOWN TO IS POLICE CONTACTS. SO IF I COME UP TO YOU AS A POLICE OFFICER AND I SPEAK TO YOU AS JUVENILE AS AS A SOMEONE OLDER THAN THE AGE OF 18. I CAN DO THAT. I CAN DO IT ALL DAY LONG. I CAN DO IT ALL NIGHT LONG. WHERE IT BECOMES AN ISSUE. IS IF YOU DON'T WANT TO TALK TO ME. AS A POLICE OFFICER. AND WHAT THE STATE HAS SAID, IS WE'RE NOT GOING TO REQUIRE THOSE THAT POLICE OFFICERS BELIEVE THAT ARE OUT BEYOND A CERTAIN TIME PERIOD. TO HAVE TO RESPOND TO A POLICE OFFICER. THAT MAY BE ASKING THEM QUESTIONS SO UM YOU KNOW, IN THIS ROOM TONIGHT? I'M OBVIOUSLY THE CHIEF OF POLICE HERE AT THIS CITY AND THAT THIS POLICE DEPARTMENT CURRENTLY BUT THERE ARE 43 OTHER MEN WHO HAVE BEEN POLICE CHIEFS AND OTHER AGENCIES AND AT THIS AGENCY. AND I DON'T BELIEVE I CAN IMAGINE A POLICE CHIEF TELLING YOU THAT THEY WOULD WANT TO DO AWAY WITH A CURFEW LAW. IT GIVES US THE ABILITY TO GO AND CONTACT SOMEONE WE SUSPECT THAT IS UNDER A CERTAIN AGE LIMIT FOR THEIR BENEFIT FOR THE COMMUNITIES BENEFIT. AND FOR THEIR SAFETY.

AND TO ACT UPON THEM. WHAT IS HAPPENING IS AT THIS POINT. YOU KNOW WHAT THE STATE LAW I DON'T WANT TO TALK TO US. IF THEY DON'T WANT TO RESPOND TO US, THEY HAVE TO AND THERE'S NO RECOURSE FOR US. TO HOLD AGAINST IT. UM, TO ANSWER YOUR QUESTIONS. UH I PULLED UP SOME NUMBERS SINCE THE BRIEFING SESSION. I GAVE A BRIEFING. BACK IN 21. UM I MENTIONED EARLIER THAT THE CITATIONS HAVE GONE DOWN QUITE A BIT. IT'S IT'S BEEN A LONG TIME SINCE WE'VE BEEN CITATION HEAVY AND THIS AREA. IN 1996, WHICH IS AS FAR BACK AS I CAN GO AT THAT POINT WITH OUR COURT. SYSTEM. WE ISSUED 100 AND 59 CITATIONS. 1997 101, 19, 9800 AND 37. 99 100. FROM THERE. WE FELL OFF 2 30. TO THE MOST RECENT YEAR THAT I HAD BECAUSE OUR THREE YEARS WOULD NOT HAVE COME UP UNTIL NEXT YEAR, SO I HAVE NOT LOOKED AT THIS. UM EXCEPT IN THE FROM THE LENS OF THE NEW STATE LAW. AND 17, WHICH YOU NINE CITATIONS AND 18 4 AND 1990 29. NOW DOES THAT

[04:55:09]

NECESSARILY TELL YOU HOW MANY STOPS WERE MAKING, YOU KNOW, UM , AT THOSE TIMES, NO, IT DOESN'T . IT JUST TELLS YOU ABOUT CITATIONS. DOES THAT TELL YOU THE TIMES WE'VE GOTTEN THE CALLS FROM CITIZENS SAYING WELL, THESE PEOPLE ARE OUT HERE AND IT'S TWO O'CLOCK IN THE MORNING OR WHATEVER TIME IT IS AFTER THE CURFEW LAW THAT WE HAVE IN PLACE. AND I DON'T THINK THEY SHOULD BE OUT HERE. CAN SOMEBODY COME CHECK? I THINK THEY'RE TOO YOUNG TO BE OUT AT THIS POINT.

NO, IT DOESN'T. I THINK IT PUTS US AS A SOCIETY INTO A SITUATION WHERE. YOU KNOW IT'S LESS SAFE BECAUSE WE DON'T HAVE THE ABILITY TO REQUIRE, UM SOMEONE THAT WE MIGHT CONTACT IN THIS SITUATION. UM TO GIVE US ANSWERS. SO THAT WE CAN ACT RESPONSIBLE. THAT'S THE BEST WAY TO ANSWER THAT QUESTION. MR BECK, BURNETT. THANK YOU, MAYOR. I'M IN COMPLETE AGREEMENT WITH WHAT MR QIAN SAID. STATE I THINK OVERSTEPPED THEIR BOUNDS, HOWEVER, WERE GO WITH IT. AND I TOOK VERY. HOW YOU'VE EXPRESSED YOURSELF ON WHAT THIS IS. I COMPLETELY AGREE WITH YOU. CHIEF OF BIGAMY AND MY QUESTION. THE CITY ATTORNEY IS DO IT. DO WE HAVE TO CHANGES. THE WAY THE STATE LAW READS IS THAT YOU CANNOT ENFORCED OR PROSECUTE ANYONE FOR VIOLATING THE CURFEW.

SO OR PASS THE NEW CURFEW. SO SINCE ON THE BOOKS, YOU COULD LEAVE IT. THE BENEFIT IS IF ANYONE CHALLENGES CONSTITUTIONALITY. AND THAT VIOLATES. RULE OF CHARTER PROVISIONS OF STATE CONSTITUTION. YOU DO HAVE AN ORDINANCE IN PLACE THAT YOU COULD POSSIBLY ENFORCED HIS RULE, THEN CONSTITUTION. SO LET ME ALSO WEIGH IN ON THIS, AND THERE'S A PRACTICAL SIDE OF THIS . IT'S A TOUGH SITUATION THAT YOU'RE ASKING. ME AND OUR POLICE OFFICERS TO BE IN IF YOU DECIDE TO DO SOMETHING OTHER THAN WHAT'S HERE BEFORE YOU DO NOT NOT SAYING I'M ADVOCATING FOR THIS, I THINK IT WAS VERY CLEAR. AND IN RESPONDING TO COUNCILMAN CONTROLLERS QUESTION. WHAT I'M SAYING IS. ESPECIALLY ON THE HILLS OF WHAT YOU HEARD FROM MR HAGER JUST NOW. IS IF YOU DECIDE TO DO NOTHING. AND OUR OFFICERS GO OUT THERE AND THEY DON'T HAVE THE GUIDANCE FROM UM. THIS BODY BECAUSE MY GUIDANCE HAS BEEN SINCE SEPTEMBER 1ST KNOWING THAT WE WOULDN'T GET HERE UNTIL THE FIFTH DON'T ENFORCE THIS. BUT NOW IF WE GO OUT AND ENFORCE IT, AND WE GET PUSHED ON IT, AND NOW WE TURN INTO A USE OF FORCE SITUATION AND IT GOES BAD. THEN THAT'S PUTTING OUR OFFICERS AND OUR CITY. IN A SITUATION I'M NOT SURE THAT WE WANT TO BE. I WANT TO. WE WANT TO UPHOLD THE LAW. THERE'S NOT A PEACE OFFICER THAT I'VE EVER BEEN AROUND THAT WOULD TELL YOU SOMETHING DIFFERENTLY. AND WE ARE CAUGHT IN THE MIDDLE. AND I WANT YOU TO THINK ABOUT THAT. MR COONS. THANK YOU, MAYOR AND YEAH, I JUST WANT TO POINT OUT THAT. KEEP THIS AND EVEN EVEN JUST ADOPTING. AN ORDINANCE LIKE THIS WOULD BE A VIOLATION OF STATE LAWS IS NOT JUST ENFORCEMENT OF IT OR THE CITATIONS, BUT JUST JUST TO ADOPT IT, THE STATE HAS SAID.

IT'S VOID. YEAH ENFORCEABLE, BUT I JUST WANT TO POINT OUT THAT AGAIN. JUST JUST BECAUSE THE STATE MAKES THE LAW DOESN'T MEAN IT'S CONSTITUTIONAL AGAIN. MY PERSONAL FEELING, IS IT THIS LEGISLATION IS UNCONSTITUTIONAL. AND THAT IT'S JUST NOT JUST AND RIGHT AND I THINK WE JUST HEARD FROM OUR POLICE CHIEF, IS IT? THIS IS A GOOD ORDINANCE TO HAVE AND I MEAN, I CAN THINK OF ANY NUMBER OF SCENARIOS. WHERE AFTER A CERTAIN HOUR. WHERE YOU HAVE POLICE OFFICERS AND MIGHT HAVE TO MAKE CONTACT. WITH YOUNG PEOPLE. I MEAN, WE HAD 11 O'CLOCK LAST NIGHT, WE HAD THREE KIDS WALKING DOWN THE STREET. WE DROVE UP FOR THE STREET FURTHER UP THE STREET AND SOME SIGNS HAVE BEEN REMOVED. AND I DON'T KNOW IF THEY DID IT OR NOT, YOU KNOW, BUT IF SOMEBODY CALLED AND SAID HEY, I THINK THERE'S SOME KIDS OUT HERE VANDALIZING. CITY PROPERTY OR WHATEVER IT IS.

Y'ALL WOULDN'T BE ABLE TO MAKE CONTACT WITH THEM. IT'S A TOOL WE CAN MAKE CONTACT WITH HIM,

[05:00:01]

EVEN IF THIS IS ABOLISHED. THE PROBLEM IS WHERE THEY WANT TO RESPOND. AND THEN WHAT CAN WE COMPEL THEM TO DO? THAT'S WHERE THAT'S WHERE THE CROOKS OF THE MATTER. BUT BUT AGAIN, I MEAN, EVEN THOUGH YOU KNOW, KEEPING THIS OR ENFORCING, IT MIGHT BE A VIOLATION OF STATE LAW. I BELIEVE THAT LAW IS UNCONSTITUTIONAL, SO THAT'S WHY I'M VOTING TO KEEP THIS MR VERA CRUZ. THANKS, MAYOR. SO, CHIEF, LET ME UNDERSTAND. WHAT I THOUGHT I HEARD YOU SAY WAS THAT IF YOU'VE ALREADY TOLD YOUR OFFICE. SHE WAS NOT FOLLOW THIS CORRECT KNOWING THIS WOULD NOT COME BEFORE YOU UNTIL THE FIFTH AND KNOWING THAT IT WENT INTO PLACE. SEPTEMBER 1ST. BUT WHAT I THINK NOT TO ENFORCE THIS AT THIS TIME, BUT I THINK I HEARD YOU SAY WAS THAT IF THEY DO ENFORCES, AND IT DOES TURN INTO PHYSICAL FORCE, AND THAT'S WHERE THE PROBLEM COULD LIE. YOU KNOW , IN YOUR OPINION WE GET INTO BEFORE COURT AND YOU KNOW YOU GUYS ACTED AS A JUDICIAL BODY EARLIER. UM. THREE OF Y'ALL WANTED TO GO ONE WAY. FOUR OF Y'ALL WANTED TO GO ANOTHER SO SAFETY WISE. WOULD RATHER THAN US TAKE THIS OUT. BECAUSE YOU SAID, YOU COULD STILL MAKE AGAIN . IT'S HARD. IT'S HARD FOR ME TO GIVE YOU SOME QUANTIFIABLE DATA ON YOU KNOW THE CONTEXT WE MADE AND THAT MAYBE WEREN'T DOCUMENTED THAT THAT GOT SOMEBODY MOVED DOWN THE ROAD. UM THAT THAT I CAN GIVE YOU OR THE CITATIONS UM AND YOU KNOW, I GAVE IT TO YOU. I THINK IT IS.

IT GIVES US TO AH, YOU KNOW, WHAT WE'RE TALKING ABOUT IS AN OFFENSE INORDINATE. THAT IS IN PLACE BECAUSE OF SOMEONE'S AGE. AND THERE ARE A LOT OF REASONS THAT BODIES JUST LIKE THIS ONE HAVE PUT THOSE ORDINANCES INTO PLACE. YOU KNOW, I MEAN, THERE HAVE BEEN STUDIES ABOUT MATURITY LEVELS AND WHEN WE GET TO THOSE MATURITY LEVELS SO I THINK IT OVERWHELMINGLY. DOES MAKE US SAFE. HOW CAN I QUANTIFY THAT TO YOU? I'M NOT SURE I CAN RIGHT NOW, UM BUT IT GIVES US AN OPPORTUNITY TO HAVE A CAPTIVE. PERSON THAT WE CAN'T TACT AND THEY'RE REQUIRED TO GIVE US IDENTIFYING INFORMATION. YES. IF WE IF THE STATE THE STATE LAW IS . IS SEEN IS SEEN AS SUPREME. WE CAN ASK SOMEBODY FOR THE IDENTIFICATION IN THIS CONTEXT, AND THEY CAN TELL US, YOU KNOW.

I DON'T GIVE YOU THAT. AND THAT'S THE CASE. AND THEN THAT SEEMS SUPREMELY DON'T HAVE THEN WE DON'T HAVE A LEG. IT'S NOT MY MEAN JUST MY MAIN CONCERN. I'M SURE EVERYONE UP HERE IS JUST THE SAFETY OF OUR OFFICERS. WE DON'T WANT TO PUT THEM IN A SITUATION WHERE THAT COULD I DON'T WANT TO JUST PUT THEM IN THAT SITUATION AGAIN. I MEAN, I THINK WHAT CITIES ARE GRAPPLING WITH AND CHIEFS ARE GRAPPLING WITH AND POLICE OFFICERS. NO. UM THAT THIS THIS DOES MAKE US SAFE. TO HAVE THESE ORDERS. UM. HOW DO WE QUANTIFY THAT? WITHIN WITH THE BATTLE WE HAVE? I JUST DON'T HAVE IT RIGHT HERE BEFORE ME. UM, BUT IF WE CAN'T GO UP TO SOMEBODY THAT OUR CITIZENS BELIEVE ADMINISTER. COACH JUST STATED IN HIS EXAMPLE. THAT THEY MAY BE UNDERAGE. WHAT WHAT AN ORDINANCE THAT WE HAVE IN PLACES AND THEY MAY BE UP TO SOMETHING THAT'S NOT FAR. YOU KNOW IF WE'RE NOT THERE TO SEE THE UNDER LOWER, YOU KNOW. MESSING WITH THE STREET SIGNS ARE MOVING THE STREET SIDE. THIS GIVES US THE ABILITY TO GO JUST BY THE SUSPICION OF THEIR AGE, JUST BY THE WAY, THEY THEIR YOUTHFUL LOOK. TO MAKE CONTACT AND THEY HAVE TO GIVE US SOME IDENTIFICATION. WITHOUT THIS. WE DON'T HAVE SUCH TOOLS. THAT'S GOOD. THANK YOU, MAYOR. SO FOR ME, I AGREE WITH COUNCILMAN MCBURNETT COUNCILMAN COONS THAT I FEEL LIKE IT IS AN OVERREACH FOR THE STATE TO START DICTATING WHAT THE MUNICIPALITIES CAN DO AS FAR AS GOVERNING THEIR CITY.

I'M ALSO CONCERNED ABOUT THE SAFETY OF THE OFFICERS AND THE SAFETY OF THE CITIZENS AT THE SAME TIME, IF THIS SITUATION SHOULD HAPPEN. YOU KNOW, PAST SEPTEMBER 1 AH! MY QUESTION. I DON'T KNOW IF I SHOULD ASK YOU OR THE ATTORNEY CAN MUNICIPALITIES SUPERSEDE THE

[05:05:06]

STATE THERE IS AND I ASKED THAT BECAUSE THERE ARE CERTAIN CASES IN ORDINANCES WHERE THE STATE CAN REQUIRE CERTAIN THINGS. BUT THEN SOMETIMES THE CITY CAN SAY WELL, WE'RE WE WILL MAKE IT A LITTLE BIT MORE STRINGENT. SO, UM I THINK I READ THAT THE CITY COULD NOT SUPERSEDE, BUT I WANT TO CONFIRM YOU ARE CORRECT. OKAY? THANK YOU. STATUTES SPECIFIC INSTEAD OF CITY MAY NOT ADAPT AND FORCE EMPLOY A YOUTH CURFEW ORDINANCE AFTER SEPTEMBER 1 AND STATE LAW SUPERSEDES MUNICIPAL LAW. WELL, WE'RE HOLDING RURAL CITY HOME RULE CITY CAN DO WHATEVER THE STATE CAN DO, EXCEPT IF THE LEGISLATURE SPECIFICALLY SAYS YOU CANNOT DO SOMETHING. AND THEY HAVE IN THIS CASE. THEY HAVE SO WHAT WE HAVE IS HB 18 19. PAST. DO WE AS A CITY HAVE ANY CHOICE BUT TO COMPLY WITH WHAT STATE LAW HAS SAID. IF WE VOTE IF WE IT DOESN'T REQUIRE US. COMMIT A NEGATIVE ACT REQUIRES US FROM A POSITIVE ACTUALLY, YOU COULD LEAVE IT ON THE BOOKS, BUT HIS OFFICERS COULD NOT ENFORCE THAT ENFORCE IT, AND IF THEY ATTEMPT TO THEN IT COULD BE ON THEY COULD BE CHARGED WITH CONSTITUTIONAL ACT. THEY HAVE PROBABLE UNLESS THEY HAVE PROBABLE CAUSE CRIMINAL ACTIVITY. THIS GOES BACK TO WHAT I SAID IN THE BRIEFING SESSION, AND I'LL TALK ABOUT HB 21 27, WHICH IS THE PREEMPTION LAW, WHICH HAS BEEN CHALLENGED WAS CITY OF HOUSTON, AND IT HAS BEEN RULED AS UNCONSTITUTIONAL BY A JUDGE AND THE 4 59TH DISTRICT COURT AND THAT JUDGE RULED HB 21 27 PREEMPTION IS UNCONSTITUTIONAL IN ITS ENTIRETY. BUT NOW IT'S BEEN ALSO APPEALED BY THE STATE OF TEXAS, AND THIS IS GOING TO GO ALL THE WAY. TO THE SUPREME COURT BEFORE IT'S RESOLVED. THE FACT OF THE MATTER REMAINS THAT WE AS A CITY HAVE BEEN TOLD BY THE TEXAS STATE LEGISLATURE. WHAT WE HAVE ON THE BOOKS IS NO LONGER VALID.

AND SIMPLE. AND WE AS A CITY PLACE OURSELVES AT RISK. ARE POLICE OFFICERS AT RISK. IF WE DECIDE NOT TO COMPLY WITH STATE LAW, SAYING YOU ARE NO LONGER PERMITTED TO HAVE A CURFEW LAW.

IT REALLY BOILS DOWN TO WELL, IT IF. IF AN IF AN OFFICER ASKS TO ENFORCE AN ORDINANCE, WHICH IS CLEARLY UNCONSTITUTIONAL, HE WOULD LOSE HIS QUALIFIED. AND WE IF WE IF WE ALLOW THIS LAW TO CONTINUE TO EXIST ON OUR BOOKS THAT TO BE PRECIPITATED AND OUR LAW ENFORCEMENT OFFICERS ARE GOING TO BE PLACED IN HARM'S WAY. WE DON'T LIKE THIS POLICE OFFICERS DON'T LIKE IT, AS I SAID IN THE BRIEFING SESSION. CITY. CITY AFTER CITY AFTER CITY POLICE CHIEF STOOD UP AND TALKED TO THE LEGISLATION. DO NOT DO THIS. DO NOT TAKE AWAY THE CURFEW LAW AND THEY DID IT ANYWAY. AND IT GOES BACK TO H B 21 27 THE PREEMPTION LAW. MORE THAN JUST THIS IS GOING TO BE TAKEN AWAY FROM US AND WE STAND ON PRINCIPLE OF SAYING NO TO THIS FINE. WE STAND ON PRINCIPLE. BUT THE FACT OF THE MATTER IS WE DON'T HAVE A CHOICE BUT TO COMPLY WITH THE STATE. IN THIS PARTICULAR MATTER. AND I THINK CHIEF OF WHITNEY HAS ARTICULATED EXTREMELY WELL. WHAT WE ARE DOING AND PUTTING OUR LAW ENFORCEMENT OFFICERS IN A VERY DELICATE AND UNENFORCEABLE POSITION. AND WE DON'T WANT TO DO THAT. SO WE CAN INDIVIDUALS CAN VOTE AGAINST. WHAT'S BEING PROPOSED AS A MATTER OF PRINCIPLE. BUT TO DO SO. IF THIS COUNCIL VOTES IN ITS ENTIRETY.

TO NOT ACCEPT WHAT THE STATE LAW HAS TOLD US TO DO. THEN WE ARE SUBJECT TO PRESUME. A LAWSUIT BY THE STATE OF TEXAS. BUT IT NOPET AIN'T GONNA BE HAPPY. IT AIN'T GONNA BE HAPPY GROUNDS AROUND HERE. LET'S PUT IT THAT WAY. STAND ON PRINCIPLE IF YOU WISH. BUT THE MATTER STANDS BEFORE US.

HOW DO WE DENY WHAT THE STATE HAS TOLD US TO DO? BY LAW. THERE'S ALL KINDS OF LAWS THAT ARE STILL ON THE BOOKS THAT HAVE BEEN RULED UNCONSTITUTIONAL. NEVER REPEALED THERE JUST UNENFORCEABLE. EXACTLY IT'S UNENFORCEABLE. SO AS I SAID, YOU LIKE IT FINE. LEAVE IT ON THE BOOKS, BUT IT'S UNENFORCEABLE. YOU CANNOT PUT OUR LAW ENFORCEMENT OFFICERS IN THE SITUATION TRYING TO ENFORCE SOMETHING THAT'S UNCONSTITUTIONAL. IT'S NOT THAT'S NOT RIGHT FOR A GOVERNING BODY TO DO THAT TO OUR LAW ENFORCEMENT AGENCY. AND ONE OF THE THINGS THAT MR WITH BIG MONEY IS. DISCUSSED WITH YOU IS IT GAVE US AN OPPORTUNITY TO MAKE CONTACT WITH WITH A CITIZEN. WHO APPEARS TO BE UNDER THE AGE OF 18. 12 O'CLOCK OR ONE

[05:10:01]

O'CLOCK IN THE MORNING OR SOMETIME WHEN CHILDREN SHOULD NOT BE OUT. IT'S REALLY A CHILD SAFETY ISSUES. MORE THAN IT IS. WE'RE GOING TO WRITE TICKETS AND YOU KNOW, THAT'S ONE OF THE THINGS THAT DON'T UNDERSTAND ABOUT OUR LEGISLATURE. I UNDERSTAND ABOUT THEY DIDN'T WANT TO USE THESE KIND OF CLASSY MISDEMEANORS IN ORDER TO ENHANCE AND ADJUDICATION OR CRIMINAL ACTIVITY. I GET THAT THEY COULD HAVE DONE THEY JUST. THERE SEEMS TO BE A CERTAIN ANIMALS DOWN IN AUSTIN AGAINST US BEING ABLE TO TAKE CARE OF OURSELVES. AND THIS IS PROBABLY THE BEST GOVERNMENT THAT WE HAVE. ANYWAY. AND THERE IS LOCAL. AND BY THE PREEMPTION LAW, THIS IS ONLY THE TIP OF THE ICEBERG. VERY, VERY SIMPLE ONE. THERE'S MORE DANGEROUS ONES CAN BE COMING DOWN THE PIKE AS A RESULT OF HB 21 27 PREEMPT. MR CONTRERAS? YES, SIR. IF WE IF WE DO NOTHING, WE'RE NOT BREAKING ANY LAWS, RIGHT? SOMETHING LIKE QUESTION WOULD BE TO QUESTIONS. DOES THAT CONFUSE THE PUBLIC AND CONFUSE YOUR OFFICERS, NEW OFFICERS. IF WE STILL HAVE IT ON THE BOOKS, IT COULD BECAUSE AT THAT POINT IT COMES DOWN TO TRAINING SO MUCH OF THE TIME. UM YOU KNOW, WE GET NEW OFFICERS IN THERE THE PROGRAM TO READ THE LAW AND TRY TO INTERPRET IT. SO IF AN OFFICER COMES OUT, AND WE'VE STILL GOT AN ORDINANCE ON THE BOOKS THAT LOOKS TO BE ENFORCEABLE, AND THEY'RE GOING TO GO OUT AND TRY TO DO THEIR JOB, BUT THEY STOOD UP AND TOOK A HOPED FOR AND I SAID, WELL, UM AND THIS IS NOT EVEN PUSHING THE ENVELOPE. THIS IS JUST READING AND SAYING, HEY, YEAH. LOOKS LIKE I CAN ENFORCE THAT. THAT'S A TRAINING ISSUE IF THAT'S THE WAY WERE HANDLED. AND, UM IT'S PROBABLY NOT THE BEST WAY TO GO. UM. BECAUSE YOU KNOW WE'RE HUMAN BEINGS. DO WE MISS TRAINING ON THAT NUGGET? WITH PARTICULAR OFFICER AND THEN THEY LOOK AT IT AND SAY I'M GOING TO GO AND FORCES HIS, YOU KNOW, JUST AS MR HAGAR MENTIONED, UM YOU KNOW ABOUT QUALIFIED IMMUNITY. WELL.

IF YOU STAND UP HERE AND IN THE CITY TAKES A STANCE THAT WE'RE GOING TO KEEP THIS ON THE BOOKS OR WE'RE NOT GOING TO REPEAL IT. YOU'RE ALMOST BUILDING IN FOR OFFICERS THAT THIS IS UNCLEAR, AND I THINK MAYBE THE CITY PUTS ITSELF IN A POSITION THAT IT DOESN'T WANT TO BE. BECAUSE I THINK THE OFFICER MAY GET REMOVED ON QUALIFIED IMMUNITY, BUT THE CITY WOULD COUNSELOR.

LET ME JUMP IN. IF I MAY HAVE HIGHLY ENCOURAGE YOU NOT TO LEAVE THE SON OF BOOKS. I THINK I THINK YOU'RE SETTING THE CITY UP FOR SOME BAD THINGS. I THINK IT'S GONNA HARM THE OFFICERS.

ALTHOUGH WE DO A VERY GOOD JOB OF TRAINING OUR PERSONNEL. WHEN WE SEE A LAW WHETHER IT'S A LOCAL, STATE OR FEDERAL LAW, WE ASSUME THAT IT'S A LAW THAT WE CAN ENFORCE. AND SO, UM. I ASK YOU PLEASE DON'T DON'T BELIEVE THIS ON THE BOOKS. I DON'T THINK IT'S THE RIGHT THING TO DO FOR OUR TROOPS. I STRONGLY AGREE. THAT'S SORT OF BEEN TRYING TO SAY IS THAT WE IS HE VOTE AGAINST IT ON PRINCIPLE BOOT IN DOING SO, WE WE'VE GOT TO DO WITH THE LAW SAYS VERY SIMPLY IF THE STATE SAYS SPEED LIMIT LAWS , THE UNITED IN THE STATE OF TEXAS ARE NO LONGER APPLICABLE, ENFORCEABLE. IN EVERY STATE AND EVERY THE ENTIRE STATE THAT LEAVES EVERY LAW OF INSOURCING OFFICER ON ENFORCING SPEED LIMITS. IT'S THE SAME THING. WE CAN'T ENFORCE SOMETHING THAT IS AGAINST THE STATE LAW SAYS YOU CAN'T EVEN HAVE IT. MR BIG ME. MAYOR AND JUST AS AN OPTION.

MAYBE MAYBE, MR EDGAR, I MEAN, COULD YOU APPROVE? UM. THE WHAT'S BEFORE US THE REPEAL OF THIS ORDINANCE. AND DOING I THINK WHAT SEVERAL OF Y'ALL ARE LOOKING TO DO THAT HAVE SPOKEN UP. COULD YOU NOT? AS A COUNCIL MAKE A RESOLUTION. TWO. SOMEHOW OR ANOTHER. REFUTE THIS ORDINANCE, YOU KNOW TO THE STATE? I DON'T KNOW, JUST PUTTING THAT OUT THERE BEING DONE BY THE CITY OF HOUSTON. THEY'RE APPEALING H B 21 UNDERSTAND, BUT THAT WILL GIVE THIS BODY AND OPPORTUNITY TO TAG ON TO THAT IF THAT'S WHAT YOU SO DESIRE. BUT I AGREE WITH THE CITY MANAGER AS I BEGAN TO SAY IT CONFUSES THE OFFICER NOT AGREE WITH THIS CITY, TAKING ON THE STATE OF TEXAS WITH A LAWSUIT ON HB AT 19. JUST THAT WAS JUST A SUGGESTION. MR MCBURNETT MOTION TO APPROVE I'LL SECOND IT. GET HERE AND BE IGNORED AS USUAL. YOU CAN ABSTAIN. IF YOU WISH, SIR. OR YOU CAN VOTE A POST EITHER WAY. WELL WE THE WAY I OPERATE, AND

[05:15:06]

WE EVEN THOUGH WE HAVE A MOTION AND WE HAVE A SECOND I STILL OPEN TO DISCUSSION. SO WE WANT TO SAY SOMETHING. PLEASE GO AHEAD, SIR. YOU'RE MY CON. AH! I AGREE WITH CHIEF OF WHITNEY'S SUGGESTION. IMPOSE SOME SORT OF RESOLUTION. OR SOME KIND OF FORMAL STATEMENT OF PROTEST AGAINST THIS LEGISLATION. BECAUSE I MY FEELING IS THAT EVERYONE AROUND THIS TABLE BELIEVES THAT IT IT IS A GOOD ORDINANCE. BUT THAT WE'RE SCARED OF WHAT THE STATE MIGHT DO IF WE ENFORCE IT OR KEEP IT SO IF WE BELIEVE THAT IT IS A GOOD ORDINANCE, AND WE BELIEVE IT'S SOMETHING THAT BENEFITS OUR CITY. AND AS A TOOL FOR POLICE OFFICERS AND IS THERE ANY HARM AND MAYBE SOME KIND OF PROTEST TO THE STATE. AND FORM OF RESOLUTION. FROM THIS COUNCIL.

WE DO IT TO STATE IT WITH THE CITY OF HOUSTON HAS DONE FOLLOW LAWSUIT AGAINST THE STATE, NOT A LAWSUIT WAS FILED. YOU SAID THE RESOLUTION JUST A STATEMENT OF PROTEST. THAT'S IT. I WOULD I WOULD I WOULD AGREE TO THAT BECAUSE I'M GOING TO VOTE. TWO. REPEAL THE ORDINANCE AND I GET THE FEELING THAT WE'RE GOING TO GO IN THAT DIRECTION. BUT I WOULD AGREE THAT THE MORE CITIES THAT STEP UP AND FILE SOME TYPE OF A LETTER IN OPPOSITION TO THIS UM MAYBE IT'LL GET SOMEONE'S ATTENTION AND THEY WILL GET SOME SENSE. TO DO NOTHING. WE'RE GOING TO COMPLY WITH THE LAW. WITH WHAT? WHAT THEY'RE REQUESTING. BUT I WOULD AGREE THAT WHATEVER WHATEVER LEGALLY, WE CAN DO TO PREPARE A LETTER IN OPPOSITION IF THE WHOLE COUNCIL AGREES THE MAJORITY AGREES. I WOULD BE MORE THAN WILLING TO GO TO THE NORTH CENTRAL TEXAS COMMISSION. AH WHAT OTHER 40 SOME ODD CITIES IN THE COMMISSION, I GUESS. AND REQUEST. WE CAN. HAVE OUR ATTORNEY. WE'RE GONNA HAVE TO PAY OUR ATTORNEY TO DRAFT A LETTER OF OPPOSITION. AND GET AS MANY LAYERS AS POSSIBLE IN NORTH CENTRAL LIKE I'M GOOD AT THE COG. AND GET AS MANY MAYORS AS POSSIBLE TO SIGN ONTO THAT LETTER AND SEND THAT LETTER TO THE STATE OF TEXAS. GOOD. I HAVE NO PROBLEM DOING THAT. AND WHATEVER POLICE CHIEFS. YOU CAN GET THE HELP SIGN ONTO THAT CHIEF. LIVNI HAD A LITTLE MORE WEIGHT TO IT. I'M HAPPY TO GO AHEAD AND PREPARE IN THE WORK ON THAT TO SEND A LETTER OF PROTEST TO THE STATE LEGISLATURE TO GO THROUGH SENATOR WEST AND GO THROUGH REPRESENTATIVE DAVIS. AND HAVE THEIR UNDERSTANDING OF WHAT WE'RE DOING, WHY WE'RE DOING IT AND GET SOME MANY SIGNATURES AS POSSIBLE. KNOWING THAT WE HAVE TO DO WHAT WE HAVE TO DO TO TAKE OUR OFFICERS OUT OF HARM'S WAY BECAUSE THEY ARE HAVING TO DEAL WITH SOMETHING THAT'S UNENFORCEABLE AND LET'S FACE IT. THERE ARE SOME KIDS OUT THERE THAT ARE PRETTY SMART.

THEY'RE INTELLIGENT AND THEY'RE BRILLIANT, AND THEY'RE GOING TO FIND A WAY TO PUSH THE PUSH THE BUTTON. ONE OF OUR OFFICERS DON'T WANT TO DO THAT. PARDON ME. MR MCBURNETT. COMMENT AGAIN, PLEASE? NO HE CALLED FOR A THINK WE SHOULD. OKAY? THERE IS A MOTION ON THE FLOOR AND IT'S BEEN SECONDED TO APPROVE THE ITEM. PLEASE VOTE. HELLO. UH OH. WHAT OKAY? AT THE BOAT IS. 5 TO 2 MOTIONS PASS. ITEM IS REPEALED. WE NOW GO. TO ITEM FOUR D ON CONSENT. MOVE IT TO

[4.D. Consider a Resolution of the city council of the City of Duncanville, Texas, approving a variance to the reguirements to provide replacement trees on the property located at 306 and 308 West Camp Wsdom Road, Duncanville, Dallas County, Texas; and providing for an effective date.]

ITEM FIVE. I AND I WILL READ ITEM FOUR D CONSIDERED RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUNCANVILLE, TEXAS, APPROVING A VARIANCE OF THE REQUIREMENTS TO PROVIDE REPLACEMENT TREES AND PROPERTY LOCATED AT 306 AND 30 WASTE CAMPBELL WISDOM DUNCANVILLE, DALLAS COUNTY, TEXAS AND PROVIDING FOR AN EFFECTIVE DATE. MR WARREN. THANK YOU, MAYOR, COUNCIL SECRETARY. THIS IS NOW ITEM FIVE. I THANK YOU. THE SUBJECT SITE LOCATED AT 306 AND 308 WEST CAMP WISDOM ROAD. EXCUSE ME, UH, SIDE OF THE NEW FIRE STATION. THE PRESERVATION

[05:20:03]

AND SUBJECT TO ARTICLE 17 OF CHAPTER CHAPTER 12 OF THE CODE OF ORDINANCES. THIS SECTION SPECIFIES THAT THE CITY COUNCIL MAY PROVE A VARIANCE. TO ALL OR PORTION OF THE REQUIREMENTS TO PROVIDE FOR REPLACEMENT TREES WHERE PUBLIC OR RECREATIONAL USE OR STRUCTURE A FIRE STATION CERTAINLY FITS THIS. UH, THIS STIPULATION THIS CATEGORIZATION. IN FACT, IN CHAPTER SEVEN SECTION 7.02. OF THE CONFERENCE OF ZONING ORDINANCE, THE USE OF PUBLIC FACILITY USE OR UTILITY, UH, SPECIFICALLY CALLS OUT FIRES FIRE STATION. AND ITS DEFINITION. ON THE SITE PLAN THIS TREE PRESERVATION PLAN THERE. 83 TREE SHOWN THE SPECIES INCLUDE CHINA BERRIES, PECAN TREES, LIVE OAKS, CEDAR REALMS, HACK BERRIES AND MULBERRY TREES. 31 PROTECTED TREES ARE PROPOSED TO BE PRESERVED. 12 TREES ARE NOT PROTECTED TREES. THEREFORE ACCORDING TO YOU, ARE, UM THREE PRESERVATION ORDINANCE. SUCH TREES ARE NOT REQUIRED TO BE PRESERVED. AND 40 PROTECTED TREES ARE PROPOSED TO BE REMOVED. AND THEN, UH, STAFF WILL STAND FOR QUESTIONS.

PERTAINING TO THIS VARIANCE REQUEST. AH! AS LAID OUT BY STAFF. MR CONTRERAS, JUST REAL QUICK. DID YOU SAY 40 PROTECTED TREES? BEING PROPOSED TO BE REMOVED. THAT'S CORRECT. THANK YOU. AND WE HAD THIS. WELL THIS MCBURNETT PROBABLY GONNA ASK THE QUESTION. THE QUESTION HE HAD, HE SAID IN BRIEFING. GO AHEAD, SIR. YEAH I WAS INTERESTED TO HEAR WHAT CHIEF BRODY HAD TO SAY ABOUT THE TREES AND THE REMOVAL AS WELL.

WE'RE LOCATED IN THE REAR OF THE PROPERTY. SO BEING A NEW FIRE STATION SOMETHING I KNOW YOU ALL WANT TO BE PROUD OF. UM THERE'S GONNA BE A TREE PLAN BASICALLY FOR THAT FOR THOSE TREES. A LOT OF THOSE TREES THAT WERE ON THE ORIGINAL ARCHITECT'S DRAWING. AH WE'RE NOT WELL THOUGHT OUT. THIS IS THE BEST WAY TO PUT IT. THEY WEREN'T FAMILIAR WITH A LOT OF THE LOCATION GIVE YOU A COUPLE EXAMPLES THEY WERE HAD THEY HAD TREES THAT WERE JUST, UM THERE WERE TWO BIG THEY WERE GONNA BE 60 FT. THEY WERE GOING TO GROW TOGETHER. AND THEN OUR HORTICULTURIST HE LOOKED AT AND HE SAID, YEAH, THIS IS GOING TO CAUSE ME A LOT OF PROBLEMS DOWN THE ROAD. SO UH UM WE REMOVED SOME OF THE TREES THAT WERE PROPOSED ON SOME OF THE PROPERTIES JUST FOR THAT VERY REASON. SOME OF THEM WERE EVEN GOING TO GROW UP INTO THE POWER LINES THAT ARE NEXT DOOR, SO WE WANT TO MAKE SURE WE AVOIDED THAT. WE ALSO HAD A TREE THAT WAS UP THERE NEAR THE FRONT ON THE WEST SIDE ON THE NORTH SIDE THAT IF YOU HAVE PLANNED IT THERE GAVE US PROBLEMS IN 10, 15 20 YEARS AND THE ROOT SYSTEM GETTING DOWN INTO THE, UM IRRIGATION IN THE IN THE WATER SYSTEM TO THE FIRE STATION. SOME OF THOSE TREES WERE ALSO TOO BIG . AND IF YOU'RE FAMILIAR WITH THE ISLANDS, I CALL THEM ISLANDS. WE HAVE A PARKING LOT IN THE PARKING LOT AND HE COMES AROUND THERE WERE PUT THESE BIG TREES IN THAT ISLAND. UH WHEN THEY GREW UP THE ROOTS, WE'RE GONNA TEAR UP YOUR CURB AND YOUR CONCRETE, SO WE DID A REALLY GOOD JOB TOOK ABOUT FOUR HOURS GOING THROUGH EVERY SINGLE TREE ON THAT PIECE OF PROPERTY. YOU HAD A LINED UP A LOT BETTER SO THAT THEY WERE MORE FRIENDLY TO THE TO THE PROPERTY. AND THAT WAY, I THINK THERE WILL BE VERY ATTRACTIVE WHEN YOU GO BY AND MAKE THAT FIRST RATIONS LOOK VERY ATTRACTIVE, BUT WITH HIS VARIANCE. MR KOONTZ. THANK YOU, MAYOR. SO I THINK I THINK I'M UNDERSTANDING WHY THE VARIANCE IS BEING REQUESTED, I GUESS. YEAH, I DO HAVE A COUPLE OF QUESTIONS. SO FOR MAYBE FOR MR WARREN TO START SO YOU AND OUR ORDINANCE. AND HE SAYS AND PRIOR TO ANY CONSTRUCTION OF DEVELOPMENT THAT HAS TREE PROTECTION PLAN HAS TO BE PRESENTED RIGHT. IT HAS TO BE INCLUDED IN THE PLANS. AND WAS THAT INCLUDED? IT WAS AND IT WAS APPROVED IN SEPTEMBER. 2022 HOWEVER, FOR THE REASONS STATED BY, UH, FIRE FIRE CHIEF UH, THIS PLAN WAS RE EXAMINED AND

[05:25:04]

VARIANCE WAS DETERMINED THAT THIS WOULD BE THE BEST COURSE OF ACTION TO MOVE FORWARD WITH. AT THIS TIME. IF YOU REMOVED PROTECTED TREES. YOU DON'T HAVE TO PUT THEM BACK. WHERE YOU TOOK THEM OUT, RIGHT? SO YOU COULD THAT'S CORRECT. SOMEWHERE ELSE. SO IS THIS A SITUATION WHERE AND I KNOW WE DID TALK ABOUT THE COST. BUT IT'S A SITUATION WHERE IF WE PLANTED THE NEW TREES SOMEWHERE ELSE ON THE PROPERTY. THEY JUST WON'T FIT. I MEAN, IS THAT IS THAT PART OF THE PROBLEM? THE REQUEST AT THE MOMENT IS TO, UH. TO AS AS SHOWN TO REPLACE THE TREES. UM ARE TWO RATHER TO REMOVE THE TREES. AS SHOWN IN AND, UM UH, PROTECT THE TREES OR OR RETAIN THE TREES. UH BETTER SOON AT THAT PARTICULAR LOCATIONS THAT THEY ARE. SO THERE'S NOT A NOT A PLAN TO RELOCATE THE TREES ELSEWHERE. THE REQUEST IS VARIANTS FROM FROM THE ORDINANCE THAT WE HAVE EXACTLY THE REQUEST SO THAT SOUNDS LIKE ABOUT 40 TREES THAT WE'RE REMOVING. WE DON'T HAVE TO REPLACE. THAT'S A REQUEST, RIGHT ? THAT IS THE REQUEST. MY QUESTION IS, IS THERE ANYWHERE ELSE ON THE PROPERTY WHERE THEY COULD BE. TREES COULD BE PLANTED. UM. THAT'S NOT WHAT THAT'S NOT WHAT'S BEING, UH RICK UM. ASK, ASK FOR AT THIS TIME. IT'S NOT THE ASK. YEAH, I UNDERSTAND THAT, I GUESS. IT'S FEASIBLE. I MEAN, I'M SURE I'M SURE IT'S POSSIBLE. I'M LOOKING . THERE'S A THERE'S A COST ASSOCIATED WITH IT. AND THERE'S JUST THE UM THE REQUEST AT THIS TIME IS FOR THE VARIANTS TO THE TO THE TREATY MITIGATION. ORDINANCE AND I GUESS WHAT I'M GETTING AT WHAT I'M LOOKING FOR MY TIME RUNS OUT HERE IS AH! THAT WE DO HAVE THIS THIS ORDINANCE. AND WE DO HAVE THIS TREE CITY USA RECOGNITION. AND. PRIMARY REASON WE HAVE THAT RECOGNITION IS BECAUSE WE HAVE THIS ORDINANCE AND THAT THIS CITY YOU KNOW, DECADES AGO COMMITTED TO PROTECTING, YOU KNOW, CERTAIN NUMBER OF CERTAIN PERCENTAGE. OF TREES AND SO IT'S ALMOST TWO. TO GRANT A VARIANCE AND SAY, OKAY, WE'RE GONNA TAKE AWAY TREES ON A PUBLIC PROPERTY CITY PROPERTY AND NOT REPLANT THEM. KIND OF SET THE PRECEDENT. FOR YOU KNOW, THE NEXT DEVELOPER. SOMEBODY COMES ALONG AND SAYS, WELL, Y'ALL DIDN'T REPLANT YOUR TREE. SO WHY SHOULD I? SO I'M TRYING TO JUST TRY TO FIND SOME POTENTIAL ALTERNATIVE TO JUST GRANTING A VARIANCE AND ALSO WHEN WE TALK ABOUT REPLANTING TREES, WE'RE NOT TALKING ABOUT FULL GROWN TREES, RIGHT TALKING ABOUT SAPLINGS THAT YOU STRATEGICALLY PLACED IN PLAN. AND SO. AGAIN. WE TALKED ABOUT CAUSE WE'RE TALKING ABOUT THE TREES THEMSELVES, BUT ALSO THE LABOR, RIGHT FOOT PUTTING, PLANTING THE TREES. BUT I'M JUST TRYING TO MAYBE. ENCOURAGE THE COUNCIL TO CONSIDER SOME ALTERNATIVE. TO GRANTING A VARIANCE TO AN ORDINANCE THAT THAT WE HAVE IN PLACE FOR VERY GOOD REASON. PAUSE. MR CONTRERAS. WELL I HAVE TWO THINGS HERE, BUT MR COUNCIL REMINDED ME OF SOMETHING. WHAT THAT WOULD PROBABLY TAKE IS RECOGNIZING WHICH WE CAN'T DO HERE. UM WHICH TREES ARE BEING REMOVED THAT ARE PROTECTED TREES. AND THEN SEEING A RENDERING OF WHERE TREES WOULD COULD BE REPLANTED WHERE THE FIRE DEPARTMENT DIDN'T HAVE PLANS ON USING SOME OF THAT VACANT PROPERTY FOR TRAINING. FOR FUTURE BUILDING. SO WE'D HAVE TO GO THROUGH. THE WHOLE, UM. WHOLE PROCEDURE TO UNDERSTAND WHAT. WITH THE LAYOUT IS GOING TO BE IN THE FUTURE OUT THERE TO UNDERSTAND WHERE TREVOR REPLACEMENTS COULD OCCUR, WHICH I'M IN AGREEMENT WITH WHAT YOU'RE OFFERING, BUT THAT IT'S GONNA IT'S GONNA TAKE SOME TIME AND IT'S GOING TO BE COMPLICATED QUESTIONS. UM TREES. THAT WELL PROTECTED THAT WE'RE NOT. WITHIN THE FOUNDATION ALREADY BEEN REMOVED. I BELIEVE SAVIO'S. SO WE'RE ASKING FOR FORGIVENESS, LITTLE BIT. I SUPPOSE, OKAY? UM AND. UNRELATED TO THE TREE ISSUE WE'RE TALKING ABOUT, BUT

[05:30:02]

SOMEWHAT. ARE WE GOING TO BE IN FULL COMPLIANCE WITH OUR CURRENT LANDSCAPE ORDINANCE WITH THE DEVELOPMENT OF THIS FIRE STATION? WE CUT SOME THINGS OUT THERE, TOO. MY UNDERSTANDING WILL BE FULL COMPLIANCE 20% AND, UH AND YES, IT WILL BE. TO FULL COMPLIANCE. COMPLIANCE. OKAY, THANK YOU. MR MCBURNETT. THANK YOU, MAYOR. YOU KNOW, I UNDERSTAND WHY THE REQUEST FOR THE VARIANCES AND I'M KIND OF GOING BACK TO WHERE MR COONS WAS AS WELL. BUT IF I DEVELOPER DID SOMETHING YOU'D MAKE THEM. BUT TREES BACK. YOU KNOW, WE HAVE PARKS. WE HAVE OTHER PLACES.

THAT THEY SHOULD BE HAPPENING. I DON'T THINK THE CITY SHOULD GET A FULL FORGIVENESS. FOR SOMETHING THAT IF IT WAS ANYBODY ELSE MAKE THEM DO SOMETHING. WE WOULD. WE WOULD CERTAINLY HOLD THEM TO THE LETTER OF THE LAW THAT'S IN THE ORDINANCE, AND THAT'S WHAT WE'RE DOING HERE.

ACTUALLY THERE'S PROVISION IN THE IN THE ORDINANCE THAT THAT DOES STAY THAT FOR UM UH, THAT GRAND CITY COUNCIL THE ABILITY TO PROVE A VARIANCE TO ALL OUR PORTION OF THE OTHER REQUIREMENTS. TO RIDE REPLACEMENT TREES, REPUBLIC USE OR STRUCTURE. AND A FIRE STATION IS A PUBLIC USE OR STRUCTURE, AND IT'S SPECIFICALLY CALLED OUT IN THE ORDINANCE. THERE ARE OTHER PROVISIONS THAT, UH, DEVELOPER A PRIVATE ENTITY WOULD HAVE TO FOLLOW TO, UH, TO BE OFFERED THE SAME OPPORTUNITY TO APPLY FOR A VARIANCE MEET GRANTED A VARIANCE, SO THERE'S SPECIFIC LANGUAGE THAT THAT APPLIES TO THIS SPECIFIC SITUATION. AND YOU MIGHT NOT BE ABLE TO ANSWER IT'S ABOUT HEART OF COMMENT MADE IS THE ARCHITECT DIDN'T DO A GOOD JOB WITH THIS, BUT I'M ALSO WONDERING WHO HAD THE CITY WOULD BE LOOKING AT AT AT THIS PLAN AS WELL. IF THE CITY WOULD BE LOOKING AT AT THE PLAN THAT'S THAT'S SHOWN HERE. RIGHT YES. SOMEBODY SOMEBODY BE LOOKING AT IT. ABSOLUTELY. AND STUFF, AND IT'S. GOES BACK TO MR CONTRERAS POINTED. IT'S KIND OF LIKE, OKAY, WE'RE KIND OF ASKING FOR FORGIVENESS. VERSUS THAT, AND IT'S. WHOLE LOT BETTER ON THE FRONT END. THAT IS ON THE BACK END. AND I PERSONALLY FILLED WITH THE CITY SHOULD DO SOMETHING. THE. TO BEAUTIFY SOME OTHER PART OR AREA FROM WHAT THEY'VE TAKEN. THAT'S JUST MY OPINION. THANKS. IF I MAY? YES, SIR. UM IT NEEDS TO BE AN UNDERSTANDING OF SOME OF THESE CORRECT TREES THAT ARE THERE. DOWN THE BOTTOM LEFT CORNER. BASICALLY THERE'S FORCED THERE USED TO BE AN OLD NURSERY THERE. AND THEY HAD A BUNCH OF TREES THAT WERE SET OUT THERE IN THOSE TREES. THEY JUST GREW IN THE WHEN THE BUSINESS WENT OUT, WENT OUT OF BUSINESS. SO WHEN YOU GO OUT THERE AND YOU WALK THE LOCATION YOU'RE GONNA SEE THE LOT OF THESE TREES OR DISEASED.

YOU'RE GONNA SEE. A LOT OF THESE TREES ARE INFECTED WITH FIRE ANTS, AND SOME OF THESE TREES ARE INTERRUPTING OUR EGRESS INTO THE INTO THE BACK RAMP. SO THAT'S WHY WE'RE REQUESTING HIS VARIANCES. JUST REMOVE SOME OF THOSE TREES AND THE ONLY COURSE WE'RE GOING TO GO BACK. WITH THE SAME CALIBER A TREE OR DIVERT LOCATIONS ON THE PROPERTY. SO WHAT YOU'RE SEEING IS KIND OF A CURRENT LOCATION OF TREES, BUT THERE'S GONNA BE SOME LIKE UP IN THAT TOP. CORNER THERE WILL BE A TREE UP THERE. THERE'LL BE SOME DOWNLOADING THAT FENCE LINE UP THERE ON THAT NORTH SIDE. SO UH , SOME DOWN BY THE PARKING LOT SO HORTICULTURIST WENT THROUGH IT. ME AND THE ASSISTANT CHIEF AND CORE AND WE WERE VERY SATISFIED WITH THE LOCATION OF THE TREES THAT THE ARCHITECT HAD PUT ON THERE WITH THE REMOVAL OF SOME OF THEM, AND THAT'S WHAT THE VARIANCES COME FROM IS THAT WE HAD TO REMOVE SOME OF THOSE THOSE TREES BECAUSE THEY WOULD LIKE TO SAY THAT WE'RE GOING TO GROW TOGETHER. THEY WOULDN'T ALLOW THE GRASS TO GROW UNDERNEATH THEM BECAUSE IT WOULD BE TOO MUCH SHADE. BE HARD TO IRRIGATE THEM. AND THEN THE HORTICULTURE IS WE HAVE TO COME BACK YEARS FROM NOW HAVE TO PRUNE THESE TREES OUT OF DIFFERENT OUT OF EACH OTHER AND ALL THAT KIND OF STUFF. SO UM, THAT'S KIND OF THE HISTORY OF THOSE TREES BACK UP THERE BECAUSE SOMERVILLE. JUST NOT VERY HEALTHY, OKAY? THANK YOU, MISS GORDON, PLEASE. THANK YOU, MAYOR. SO. MY QUESTION BEFORE YOUR STATEMENT, CHIEF. LT WAS, UM I WOULD I WOULD LIKE FOR US TO HAVE A PLACE WHERE WE COULD RELOCATE. THE TREES BESIDES JUST REMOVING THEM. BUT I THINK I

[05:35:01]

UNDERSTOOD. WHEN YOU SAID THAT SOME OF THEM ARE DISEASE. SOME OF THEM ARE NOT AS HEALTHY AS THEY SHOULD BE. SO THE ONES THAT ARE HEALTHY. I JUST ASKED THAT WE COULD FIND A PLACE WHERE WE COULD REPLACE THEM. UM AND NOT JUST GET RID OF THE TREES. OTHER QUESTION. THANK YOU. I NEED TO INTERRUPT. WE ARE AT 11 56

* This transcript was compiled from uncorrected Closed Captioning.