[00:00:03] >> THANK YOU. GOOD EVENING. [1. Call to Order, Roll Call, and Establishment of Quorum.] WELCOME, EVERYONE. NICE TO SEE EVERYBODY OUT HERE THIS EVENING. THE CITY COUNCIL OF THE CITY OF ANNA WILL MEET ON TUESDAY, MAY 27, 2025 AT 6:00 PM IN THE ANNA MUNICIPAL COMPLEX COUNCIL CHAMBERS LOCATED AT 121 SEVENTH STREET TO CONSIDER THE FOLLOWING ITEMS. WELCOME TO THE CITY COUNCIL MEETING. IF YOU WISH TO SPEAK ON AN OPEN SESSION AGENDA ITEM, PLEASE FILL OUT THE OPINION SPEAKER REGISTRATION FORM AND TURN IT INTO THE CITY SECRETARY BEFORE WE GET GOING. FOR THE RECORD, ALL COUNCIL MEMBERS ARE PRESENT. WE OBVIOUSLY HAVE A QUORUM. THIS TIME, I'D LIKE TO ASK COUNCILMAN CARVER IF HE WOULD DO OUR INVOCATION AND PLEDGE FOR US. >> THANK YOU, MAYOR. NOW, JOIN ME IN PRAYER, PLEASE. LORD, WE COME TO YOU. WE JUST WANT TO THANK YOU FOR BEING ABLE TO LIVE AND BE PART OF THE CITY OF ANNA. THANK YOU FOR BRINGING US HERE FOR WHATEVER IT WAS THAT DREW US ALL TOGETHER. THANK YOU FOR THE COHESIVENESS THAT YOU GAVE US AS A COMMUNITY AND THE VIBRANCY AS WELL. I PRAY THAT THIS EVENING THAT YOU HELP US WITH THE DIFFICULT DECISIONS AND HELP US MAKE GOOD DECISIONS, AND FOR ALL THAT ARE PRESENT. I PRAY THAT YOUR BLESSING BE UPON THEM FOR GIVING UP THEIR TIME TO PARTAKE OF OUR FREEDOM IN JESUS NAME. AMEN. >> >> THANK YOU, SIR. THAT WILL BRING US TO AGENDA ITEM 4 REPORTS, RECEIVE REPORTS FROM STAFF FOR THE CITY COUNCIL ABOUT ITEMS OF COMMUNITY INTEREST. BEFORE WE GET GOING WITH OUR REPORTS, I'D LIKE TO ASK CHIEF ISOM TO COME ON UP AND TALK TO US ABOUT HIS NEWEST TOY THAT'S OUTSIDE. NO. >> HE'S HERE. I THINK NEIGHBORS COMMENTS WAS BEFORE REPORTS. I WANTED TO DO NEIGHBORS COMMENTS. >> I WENT RIGHT BY IT. SORRY. I'M NOT VERY BRIGHT. I WANT TO TALK ABOUT THE TRUCK. SORRY ABOUT THAT. LET'S GO BACK TO AGENDA ITEM NUMBER 3, NEIGHBORS COMMENTS. [3. Neighbor Comments.] THE ONLY NON AGENDA ITEM COMMENT, THE CARD I HAVE IS FROM MR. TIM ADAMS. IF YOU'D LIKE TO STEP UP AND SPEAK, SIR. HE ALSO GAVE US THESE. YES, SIR. JUST GO AHEAD AND STATE YOUR NAME AND YOUR ADDRESS, PLEASE FOR THE RECORD. >> I'M SORRY. >> YOU GO AHEAD AND STATE YOUR NAME AND ADDRESS FOR THE RECORD. >> MY NAME IS TIM ADAMS. I RESIDE AT 923 EAST FM 455. MY WIFE, PATTY AND I LIVE AT THIS ADDRESS I JUST GAVE YOU. I'M HERE THIS EVENING TO ADDRESS MY CONCERNS OVER THE NORTHWARD TRACK OF LEONARD AVENUE. WE HAVE BEEN TOLD IN THE PAST BY CITY OFFICIALS THAT WHEN THE ROAD CROSSES OVER 455 AND HEADS NORTH, IT WOULD BE 50% ON OUR PROPERTY, 50% ON WHAT IS CALLED THE SHARLEE PROPERTY. IN JANUARY OF 2009, I WENT TO THE CITY TO GET A BUILDING PERMIT FOR A METAL BUILDING WE WANTED TO BUILD ON OUR PROPERTY. I HAD A MEETING WITH MAURICE SCHWANKE, CITY MANAGER AT THE TIME TO DISCUSS THE PERMIT. AFTER THE DISCUSSION OF THE PERMIT WAS OVER, HE SAID, "MR. ADAMS, WE NEED TO TALK ABOUT SOME RIGHT OF AWAY ISSUES." HE THEN SHOWED ME ANNA'S MASTER THOROUGHFARE PLAN. IT SHOWED THE ROAD BEING 50% ON OUR EAST PROPERTY LINE AND 50% ON THE SHARLEE PROPERTY. HE WOULD NOT ISSUE THE PERMIT UNLESS I DID ONE OF TWO THINGS: EITHER DEDICATE A 60 FOOT RIGHT AWAY OR RESERVE A 60 FOOT RIGHT AWAY. WE RESERVED THE 60 FOOT RIGHT OF AWAY ON THE TRACK OF LAND THE BUILDING WAS TO BE BUILT ON. DOCUMENT NUMBER 1 THAT YOU HAVE IN YOUR HANDS SHOWS THAT, A LETTER FROM THE CITY OF ANNA AND DEVELOPMENT SUBMITTAL PLOT PLAN. I GAVE YOU A DOCUMENT NUMBER 2. IT'S A DRAWING OR DIAGRAM OF GEER PARK. IT ALSO SHOWS THAT 50/50 SPLIT. [00:05:01] THE ROAD NOW BEING NAMED LEONARD AVENUE. BACK THEN, THE ROAD DIDN'T HAVE A NAME. THE MAJOR PROBLEM IS WHAT IS HAPPENING ON THE SOUTH SIDE OF FM 455 DIRECTLY ACROSS FROM OUR PROPERTY. THE CITY AND THE DEVELOPER QUALCO COMMUNITIES HAVE NOT ALIGNED LEONARD AVENUE TO FOLLOW THE CITY'S MASTER THOROUGHFARE PLAN. IN JUNE OF 2024, WE MET WITH WES LAWSON, CITY ENGINEER, TWICE DURING THAT MONTH TO VOICE OUR CONCERNS. ON MAY 16TH, MYSELF AND MY WIFE MET WITH RYAN HENDERSON AND GREG PETERS TO VOICE OUR CONCERNS. WE CURRENTLY HAVE OUR PROPERTY UP FOR SALE, AND THIS ALIGNMENT OF LEONARD AVENUE IS HAVING A NEGATIVE IMPACT ON US TRYING TO SELL OUR PROPERTY. DEVELOPERS DO NOT WANT TO PURCHASE PROPERTY WHERE THEY HAVE TO PUT IN BOTH SIDES OF THE ROAD. DOCUMENT NUMBER 3 IS AN OFFER WE RECEIVED, JUST TO GIVE YOU AN EXAMPLE OF WHAT WE'RE GOING THROUGH TO PURCHASE ALL OF OUR PROPERTY EXCEPT FOR THE RIGHT OF AWAY BEING LEONARD AVENUE. IN CLOSING, IF THE CITY OFFICIALS HAD FOLLOWED THE CITY'S MASTER THOROUGHFARE PLAN FOR LEONARD AVENUE, I WOULD NOT BE HERE TALKING TO YOU TONIGHT. WE ARE NOT ASKING FOR ANYTHING OUT OF THE ORDINARY. WE ARE SIMPLY ASKING TO BE TREATED FAIR AND EQUALLY. THANK YOU FOR YOUR TIME. >> THANK YOU, MR. ADAMS. >> THANK YOU. >> THANK YOU. I DON'T HAVE ANY OTHER NEIGHBOR COMMENTS UP HERE AT THIS TIME. THAT WILL TAKE US TO NUMBER 4 REPORTS. [4. Reports.] NOW I WOULD LIKE TO ASK CHIEF ISOM TO COME UP. NOT OUT OF TURN. >> MAYOR AND COUNCIL, GOOD EVENING. RAY ISOM, FIRE CHIEF. JUST A BRIEF COMMUNITY ANNOUNCEMENT. IF YOU ENTERED THE BUILDING TODAY VIA THE FRONT STEPS, YOU MAY HAVE NOTICED OUR NEWLY ACQUIRED ATV THAT THE FIRE DEPARTMENT TOOK DELIVERY OF LAST WEEK. IT IS EMS BASED. THE SRV STANDS FOR A SPECIAL RESCUE VEHICLE, SO IT WILL BE UTILIZED AT ALL OUR SPECIAL EVENTS. IT'S ALSO MORE OR LESS AS OUR TRAIL SYSTEM DEVELOPS, IT WILL BE USED ON THE TRAIL SYSTEM AND THEN FOR RESCUE AND RECOVERY. IT'S BEEN A MUCH NEEDED VEHICLE FOR US AND WE FINALLY TAKEN POSSESSION. I JUST WANTED TO THANK EVERYONE FOR THEIR SUPPORT FOR US TO PURCHASE EQUIPMENT THAT WE NEED AND LET THEM KNOW IT'S ARRIVED AND YOU SHOULD SEE IT AT THE NEXT LARGE EVENT, AND THANK YOU FOR YOUR SUPPORT. >> THANK YOU, CHIEF. >> THANK YOU. >> NEXT UP ON THE REPORTS, ITEM A. RECOGNIZE OUTGOING COUNCIL MEMBER LEE MILLER FOR HIS DEDICATION AND SERVICE TO THE CITY OF ANNA. I'M SORRY. COUNCILMAN CARVER ASKED ME A COUPLE OF WEEKS AGO IF HE COULD DO THIS, SO YES. >> THANK YOU, MAYOR. MR. MILLER, YOU'VE SERVED UP HERE WITH THREE DIFFERENT MAYORS. FROM WHAT I UNDERSTAND, WHEN YOU FIRST CAME TO ANNA, YOU HAD TOLD YOUR FAMILY THAT YOU'RE GOING TO HAVE A BUILDING WITH YOUR NAME ON IT, THINKING THAT IT WAS GOING TO BE ABOUT YOUR BUSINESS WITH TAXES AND FINANCES. ALTHOUGH THAT NEVER HAPPENED, I THINK I'VE SEEN A FEW BUILDINGS WITH YOUR NAME ON IT AROUND HERE. I MET LEE SITTING OUT IN THE AUDIENCE OVER AT THE OLD CITY HALL. HE WAS THE GUY WHO SAT ON THE END AND SIX PEOPLE WOULD SAY YES TO SOMETHING, AND LEE WOULD SAY NO. WE MET UP AT THE ICE CREAM SHOP ONE DAY AND SAY, "HEY, MAN, WHAT DOES NO MEAN TO YOU? WHAT DOES IT MEAN TO US?" SAYS, START COMMUNICATING THAT BECAUSE I FEEL LIKE THERE'S A LOT GOING ON IN THERE. JUST GIVE ME AN IDEA, LEE WOULD LOOK AT FINANCIAL REPORTS AND JUST EAT THEM UP LIVE. SOMETIMES THEY'D BE ON THE SCREEN AND MAYBE A DEVELOPER WAS PRESENTING AND HE'D LOOK AT IT AND HE COULD SEE THAT CALCULATION GOING ON AND HE'D SAY, "HEY, YOUR NUMBERS ARE WRONG." [LAUGHTER] THAT'S THE WORST THING YOU WANT TO HEAR AS A PRESENTER OF NUMBERS, [00:10:05] AND PROCEEDED TO ARGUE A LITTLE BIT WITH THEM. I THINK IT WAS YOUR FIRST MEETING AS A CITY COUNCILMAN. LITTLE BIT LATER, WE WOULD SERVED ON THE EDC TOGETHER. PRIOR TO COVID, WE WERE THROWING OUT OUR FISHING, SO TO SPEAK, AND PEOPLE WERE VERY MUCH LINING UP TO COME TO THE CITY OF ANNA. WE HAD TALKED TO A VARIETY OF THEATERS AND ENTERTAINMENT, TALKED TO SEVERAL BUSINESSES, A LOT OF INDUSTRIAL TYPE STUFF AND THEN COVID HAPPENED AND THINGS GOT A GRAY, LIKE THEY DID EVERYWHERE ACROSS THE WORLD. I THINK WE PULLED OUT OF THAT. THERE'S A LOT OF GREAT THINGS HAPPENING NOW, BUT THERE WERE THINGS THAT WE WERE SO EXCITED TO SEE THAT WERE GOING TO HAPPEN BY THE END OF 2020 THAT JUST EVAPORATED OVERNIGHT. I MENTIONED THOSE THINGS BECAUSE THERE'S A LOT OF HOURS THAT GO INTO SERVING THE CITY. ANYBODY WHO RUNS FOR THIS OFFICE PLAN FOR 20, 40, 80, 120, [LAUGHTER] AS SOMETIMES THE CASE MAY REQUIRE. I'M JUST DOING A LITTLE BIT OF HIGHLIGHTS HERE. DURING THE WINTER STORM, MY JEEP WAS IN THE SHOP AND LEE CONTACTED ME AND SAID, "HEY, WE GOT STUFF TO DO." I SAID, "YEAH, WELL, I'M GOING TO HAVE TO BUMP A RIOT OFF OF YOU. DOES THAT CAR OF YOURS DRIVE ON ICE?" WE ENDED UP DELIVERING WATER ALL DAY LONG AND DOING EMERGENCY MEETINGS AND ALL THAT SORT OF STUFF AND GOT AROUND TOWN IN A VEHICLE THAT WASN'T EVEN DESIGNED FOR THAT KIND OF WEATHER. BUT THEY JUST TOLD ME KIND OF ART BECAUSE THE SUN WAS COMING UP AND HE WAS ALREADY THINKING ABOUT ANNA. ON SEVERAL OTHER TRIPS, LEE WOULD GO WITH NOW COUNCILMAN BAKER AND MAURICE SCHWANKE AND LOOK AT A VARIETY OF TRAINS AND TRYING TO RECAPTURE THE HERITAGE THAT STARTED ANNA. ONE OF THOSE TRIPS, WE WERE HAVING A ADC MEETING AND THEY WERE GETTING READY TO LEAVE FOR THEIR TRIP TO ARKANSAS. I SAID, "HEY, LEE, I THINK ELDEN BAKER WOULD BE REALLY GOOD ON COUNCIL. I'LL TALK TO HIM ABOUT RUNNING FOR COUNCIL." LEE, BEING JUST A GREAT FRIEND, HE ENCOURAGED ELDEN BAKER TO RUN FOR COUNCIL, AND I'LL BEAT DAD GUM. HE FORGOT TO TELL THEM, DON'T RUN AGAINST ME. [LAUGHTER] THAT MAKES FOR A VERY INTERESTING AWKWARD MOMENT. I'M GLAD ELDEN IS UP HERE. I'M CERTAINLY GLAD TO BE UP HERE, TOO. COUNCIL HAS BEEN HARD. IT'S BEEN JOYFUL. AGAIN, IT'S TOUGH, AND THEN IT'S JOYFUL AGAIN. THE WAY IT WORKS IN OUR AMERICAN SOCIETY IS YOU DON'T KNOW THE SIX OTHER PEOPLE YOU'RE GOING TO BE WORKING WITH FROM ONE ELECTION TO THE NEXT, AND WE ALL HAVE TO WORK TOGETHER. THROUGH A LOT OF THIS, YOU'VE SHOWN A WILLINGNESS TO WORK TOGETHER, OR CERTAINLY A WILLINGNESS TO VOICE CONCERNS WHENEVER YOU THINK THAT THINGS ARE NOT COPACETIC, LET'S CALL IT THAT. OR MAYBE WE'RE CHARGING DOWN A PATH OF BLINDERS ON AND WANT TO MAKE SURE THAT WE'RE LOOKING AT ALL OF THE STUFF. WITH ALL OF THAT, I WANT TO TELL YOU THAT I APPRECIATE YOUR SERVICE FOR ALL THESE YEARS. YOU'RE THE LONGEST SITTING COUNCILMAN IN THE LAST DECADE AND A HALF. I APPRECIATE YOU PUTTING IN THE TIME. I ALSO PRAY THAT THE OPPORTUNITIES THAT COME AFTER THIS ARE NUMEROUS AND SATISFYING, AND I HOPE THAT YOUR TUESDAY NIGHTS, SO EVERY NOW AND THEN THINK ABOUT US, AND I PRAY THAT YOUR ENGAGEMENT WITH THE CITY OF ANNA DOESN'T STOP EVEN THOUGH IT'S NOT IN THIS CAPACITY. I WANT TO TELL YOU AS A FRIEND, THANK YOU FOR SERVING. [APPLAUSE] >> WELL, THANK YOU, STAN. I REALLY THOUGHT HE WAS GOING TO ROAST ME PRETTY BAD, BUT THAT WASN'T AS BAD AS I THOUGHT IT WOULD BE. JUST A COUPLE OF MESSAGES AS I GO OUT THE DOOR. I BEGAN SERVING LIKE SIX MONTHS AFTER I MOVED HERE IN 2009. I DIDN'T WAIT. MY WIFE WAS THE ONE WHO TALKED ME INTO IT. SHE TOLD ME I NEEDED TO GET OUT OF THE HOUSE MORE. I DID THE CITIZENS ACADEMY, WHICH LED TO THE EDC PNC AND THEN SUBSEQUENTLY GOT UP HERE IN 2016. [00:15:01] >> A COUPLE OF PEOPLE HAVE SAID WHEN YOU'RE GOING OUT YOU SHOULD TALK ABOUT SOMETHING YOU'RE PROUD OF. EVER SINCE I GOT UP HERE, I ALWAYS THOUGHT ABOUT THE POLITICIAN'S CREED WHICH IS BASICALLY THE FIRST TO TAKE CREDIT GETS IT. I NEVER LIKE THAT. IT'S A TEAM OF SEVEN. YOU ALWAYS HAVE TO HAVE A MAJORITY TO GET SOMETHING DONE UP HERE. YOU CAN'T JUST DO IT YOURSELF. IT WAS AT THE VERY BEGINNING WHEN I WAS ON THE EDC, THAT EDC GROUP WHEN WE HAD A VERY LITTLE ADVERTISING BUDGET, SAT AND TALKED FOR AN HOUR ABOUT A $10,000 ADVERTISING SUBSIDY IN THE FRISCO ROUGHRIDERS PROGRAM. WE SAT HERE FOR AN HOUR OVER $10,000. THAT'S HOW LITTLE MONEY WE HAD. THAT GROUP, SOME OF THE NAMES YOU'VE PROBABLY HAVE NEVER HEARD OF: CONNIE STUMP, JOHN HUSACK, DOUG NORMAN WAS ON THERE, ALONZO TUTSON. THAT GROUP I THINK REALLY PROPPED OPEN THE DOOR SO THAT WE COULD START GETTING STUFF DONE BECAUSE TO ME, EVERYTHING THAT YOU GET IN THE CITY IS BASED ON ECONOMIC DEVELOPMENT. YOU HAVE TO HAVE THAT OR YOU'RE NOT GOING TO GET ANYWHERE. THAT GROUP GAVE WALMART THE INCENTIVE AND AT THAT TIME WE ONLY HAD HALF OF THE STAFF TO WORK; ONE HALF OF A PERSON. WE DID THE WALMART INCENTIVE, BOUGHT THE N CUBE WHICH WAS THE OLD POST OFFICE. WE STARTED A GRANT PROGRAM FOR SMALL BUSINESSES AND LIKE I SAID, JUST KICKED OPEN THE DOOR. THAT GROUP CHANGED THE WORLD. IT BROUGHT A LOT OF MONEY INTO THE CITY THAT ENDED UP BEING THE DOWNTOWN PLAZA YOU'LL SEE HERE AND A WHOLE BUNCH OF OTHER THINGS. I'VE SERVED WITH 18 PEOPLE UP HERE. I HAD TO COUNT THEM UP THE OTHER DAY. THERE'S BEEN 18 COUNCIL MEMBERS WHICH JUST SHOWS HOW LONG I'VE BEEN UP HERE I GUESS. BUT A FEW OF THEM I JUST WANT TO THANK AND POINT OUT BECAUSE THEY'RE MENTORS TO ME. A BOARD MEMBER THAT I SERVED WITH SNUCK IN OVER THERE, SANDY. THANK YOU FOR ALL YOUR FRIENDSHIP AND HELP OVER THE YEARS AS WELL AS RANDY ATCHLEY, ALONZO TUTSON, RENEE MARTINEZ, STAN CARVER, ELDEN BAKER. THEY'RE ALL GOING TO BE FRIENDS WHEN WE LEAVE AND I CHERISH ALL OF THAT AND I CHERISH THE MEMORIES WE HAVE EVEN THOUGH HE STILL THINKS I TRIED TO KILL HIM IN ARKANSAS, BUT THAT WAS A PURE ACCIDENT. STAN MADE A REFERENCE TO IT THAT YOU REALLY DO PUT IN A LOT OF HOURS AND IT'S A VOLUNTEER JOB. I WOULDN'T CHANGE IT FOR THE WORLD, BUT EVERYBODY UP HERE HAS A FAMILY AT SOME POINT. MY KIDS ARE OUT HERE; I THINK I'M ONLY MISSING ONE: GAGE, TORY, CHASE. OUR FAMILY MEMBER LORENZO IS HERE. THOSE GUYS WERE TEENAGERS WHEN I STARTED. I HAD FOUR TEENAGERS AT THE HOUSE AT ONCE WHEN I STARTED SERVING ON THE PNZ. YOU'RE NEVER TOO BUSY TO GIVE WHAT YOU CAN TO TRY TO HELP. IF YOU FEEL STRONGLY ENOUGH ABOUT IT, YOU NEED TO DO THAT. I'M JUST REMINDED HOW OLD I AM. THOSE GUYS ARE 30-YEARS-OLD NOW. GEEZ. MESSAGE TO THE COUNCIL, WE'RE COUNTING ON YOU. EVERYBODY IS COUNTING ON YOU. WE NEED YOU GUYS TO HIT HOME RUNS. I'M COUNTING, EVERYBODY'S COUNTING AND NOT JUST A FEW HUNDRED THAT VOTE. WE ONLY HAD 6% OF THE PEOPLE SHOW UP TO THE POLLS WHICH IS A HORRID NUMBER, BUT NOT JUST THOSE FEW HUNDRED, BUT THE 30,000 PEOPLE THAT ARE HERE TODAY AND THE HUNDREDS OF THOUSANDS OF PEOPLE. DON'T THROW ANYTHING OUT AT ME; IT PROBABLY WILL HAPPEN AT SOME POINT. THOSE PEOPLE ARE ALL GOING TO DEAL WITH THE DECISIONS THAT WE MAKE HERE TODAY. I ALWAYS THINK ABOUT A FRIEND OF MINE THAT SERVED IN A LARGE CITY. SHE ALWAYS TOLD ME, "DON'T BE THE MORONS WHEN YOU MAKE CHOICES BECAUSE 25 YEARS FROM NOW EVERYBODY IS GOING TO LOOK BACK AT YOU WITHOUT THE FACTS THAT YOU HAD AND THEY'RE GOING TO SAY, 'WELL, WHY WOULD THEY MAKE THAT DECISION?" THAT'S PRETTY MUCH ALL I'VE GOT WITH THAT. AS FAR AS LEADERSHIP GOES, IT'S TWO STYLES OF LEADERSHIP. ALWAYS REMEMBER; BECAUSE I THINK I'VE SAID THIS PROBABLY FOR THE ENTIRE NINE YEARS, REMEMBER TO LIFT EVERYBODY UP AND NOT CUT ANYBODY DOWN. IT'S THE MOST IMPORTANT THING IN THE WORLD. I'M GOING TO END WITH THIS. THIS IS MY FAVORITE STORY THAT I WAS REMINDED OF. ABOUT EIGHT YEARS AGO, THERE WAS A GENTLEMAN WHO WANTED TO START A WOMAN SHELTER OUT IN THE ETJ AND THEY NEEDED US TO APPROVE IT. [00:20:01] THE ROOM WAS PRETTY FULL. IT WAS ACROSS THE STREET OVER WHERE ROMA'S IS NOW. IT WAS A PRETTY FULL ROOM. PERSON AFTER PERSON CAME UP AND SAID ONE AFTER ANOTHER, "WE CAN'T HAVE THAT HERE. WE'RE NOT GOING TO HAVE IT HERE. WE CAN'T DO IT. IT'S GOING TO BRING CRIME, IT'S GOING TO BRING PROBLEMS, IT'S GOING TO BRING EVERYTHING." I KNOW IT WAS REALLY EARLY ON. I WAS HAVING TROUBLE WITH IT AND I JUST THOUGHT, WELL, THIS IS STRANGE. AS EVERYBODY KNOWS, I SOMETIMES COME OFF AND JUST SHOOT STRAIGHT AND JUST SAY IT HOW IT IS. I SAID THE LINE THAT YOU CANNOT PRACTICE CHRISTIANITY WHEN IT'S CONVENIENT FOR YOU TO DO SO. YOU HAVE TO AT SOME POINT SAY, "WELL, I GOT TO DO THE RIGHT THING HERE. WE JUST HAVE TO DO IT." I HAD A YOUNG MAN COME UP AND WRITE THAT LINE ON A PIECE OF PAPER AND I STILL HAVE IT AND I KEPT IT. I JUST WANT THIS GROUP TO REMEMBER THAT THAT IS THE MOST IMPORTANT THING. REMEMBER WHAT YOU DO ON SUNDAY MORNING AND IT SHOULD IMPACT YOU ALL THE WAY THROUGH YOUR LIFE. YOU SHOULD APPLY GRACE LIBERALLY TO THE PEOPLE THAT YOU DISAGREE WITH ESPECIALLY. THAT IS PRETTY MUCH ALL I HAVE. NOW I CAN GO BACK TO THE REAL WORLD AND IT ACTUALLY IS A PROMOTION BECAUSE I NOW CAN SAY WHATEVER I NEED TO SAY AND I CAN'T BE CENSORED FOR IT. [LAUGHTER] NO, I'M JUST KIDDING. I WANT TO THANK EVERYBODY UP HERE; THANK EVERYBODY WHO SHOWED UP TO SUPPORT. I LOVE ALL OF YOU AND THAT'S ALL I GOT. YOU NEVER HAVE TO LISTEN TO ME AGAIN. [APPLAUSE] >> FATHER WHO DIED IN NOVEMBER. WE ALWAYS TALKED ABOUT I GOT MEREDOV HERE. THAT WAS MY GRANDFATHER'S LAST REAL NAME. HIS FATHER DIED AND HE GOT BASICALLY PUT INTO THE SERVICE WHEN HE WAS SEVEN-YEARS-OLD AND LIVED IN A FARM LIVED WITHOUT HIS CHILDHOOD UNTIL HE WENT TO FIGHT FOR THE US ARMY IN WORLD WAR I AND THE GUY WHO ADOPTED HIM, HIS LAST NAME WAS MILLER. BUT WE'VE GONE WITH MEREDOV WITH EVERYTHING ELSE. AS THE WOMEN WILL KNOW, IT'S A PAIN TO CHANGE YOUR NAME ESPECIALLY THE OLDER YOU GET AND I JUST WASN'T GOING TO DO IT. I WANT TO PUT THEIR NAME ON IT AND [INAUDIBLE] SO THAT'S WHY IT'S ON HERE AND IN CASE ANYBODY'S WANT. [APPLAUSE] >> THAT'LL TAKE US TO AGENDA ITEM 4B. CITY SECRETARY TO ADMINISTER OATH OF OFFICE TO NEWLY ELECTED COUNCIL MEMBERS KELLY HERNDON AND MANNY SINGH. [BACKGROUND] [00:25:27] >> STICK WITH THE RIGHT. >> I WON'T REMEMBER ANY OF IT. >> RAISE YOUR RIGHT HAND AND REPEAT AFTER ME. I, STATE YOUR NAME. >> I, STATE YOUR NAME. [LAUGHTER] SORRY. I KELLY HERNDON. >> DO SOLEMNLY SWEAR. >> DO SOLEMNLY SWEAR. >> THAT I WILL FAITHFULLY EXECUTE THE DUTIES. >> THAT I WILL FAITHFULLY EXECUTE THE DUTIES. >> OF THE OFFICE OF CITY COUNCIL MEMBER. >> OF THE OFFICE OF CITY COUNCIL MEMBER. >> OF THE CITY OF ANNA. >> OF THE CITY OF ANNA. >> COUNTY OF COLLIN. >> COUNTY OF COLLIN. >> STATE OF TEXAS. >> STATE OF TEXAS. >> WILL TO THE BEST OF MY ABILITY. >> WILL TO THE BEST OF MY ABILITY. >> PRESERVE, PROTECT, AND DEFEND. >> PRESERVE, PROTECT, AND DEFEND. >> THE CONSTITUTION. >> THE CONSTITUTION. >> LAWS OF THE UNITED STATES. >> LAWS OF THE UNITED STATES. >> OF THIS STATE. >> OF THIS STATE. >> SO HELP ME GOD. >> SO HELP ME GOD. >> CONGRATULATIONS. >> THANK YOU. [APPLAUSE] >> RAISE YOUR RIGHT HAND AND REPEAT AFTER ME. >> I STATE YOUR NAME. >> I MANNY SINGH. >> DO SOLEMNLY SWEAR. >> DO SOLEMNLY SWEAR. >> THAT I WILL FAITHFULLY EXECUTE THE DUTIES. >> THAT I WILL FAITHFULLY EXECUTE THE DUTIES. >> OF THE OFFICE OF CITY COUNCIL MEMBER. >> OF THE OFFICE OF CITY COUNCIL MEMBER. >> OF THE CITY OF ANNA. >> OF THE CITY OF COUNTY ANNA. >> COUNTY OF COLLIN. >> COUNTY OF COLLIN. >> STATE OF TEXAS. >> STATE OF TEXAS. >> WILL TO THE BEST OF LIABILITY. >> WILL TO THE BEST OF MY ABILITY. >> PRESERVE, PROTECT, AND DEFEND. >> PRESERVE, PROTECT, AND DEFEND. >> THE CONSTITUTION. >> THE CONSTITUTION. >> LAWS OF THE UNITED STATES. >> LAWS OF THE UNITED STATES. >> OF THIS STATE. >> OF THIS STATE. >> SO HELP ME GOD. >> SO HELP ME GOD. >> CONGRATULATIONS. >> THANK YOU. [APPLAUSE] [00:30:44] >> WE HAD TO REARRANGE THE AGENDA A LITTLE BIT. AT THIS TIME, BEFORE WE GET TO OUR CONSENT ITEMS, WE'RE GOING TO GO BACK INTO CLOSED SESSION FOR A FEW MINUTES. WE HAVE STUFF THAT THE NEW COUNCIL MEMBER NEEDS TO BE MADE AWARE OF. AT THIS TIME, I'D LIKE TO GO INTO CLOSED SESSION [7. Closed Session (Exceptions). (Part 1 of 3)] UNDER TEXAS GOVERNMENT CODE CHAPTER 551.071, 551.072, TEXAS GOVERNMENT CODE 551.087, AND TEXAS GOVERNMENT CODE 551.074. DO I HAVE A MOTION? >> I MOVE WE GO INTO CLOSED. >> SECOND. >> MOTION IN THE SECOND. IF YOU WOULD, PLEASE CAST YOUR VOTES. THAT PASSES. WE ARE NOW IN CLOSED. >> REJOINING THE MEETING AT 6:54 PM. NEXT ON THE AGENDA IS CONSENT ITEMS. [5. Consent Items.] THESE ITEMS CONSIST OF NON-CONTROVERSIAL HOUSEKEEPING ITEMS REQUIRED BY LAW. ITEMS MAY BE CONSIDERED INDIVIDUALLY BY ANY COUNCIL MEMBER, MAKING SUCH REQUESTS PRIOR TO A MOTION AND VOTE ON THE CONSENT ITEMS. COUNSEL, ANYONE HAVE ANYTHING THEY'D LIKE TO PULL? IF NOT, I'LL ENTERTAIN A MOTION. >> I MOVE TO APPROVE ITEMS 5A THROUGH I. >> SECOND. >> HAVE A MOTION AND A SECOND ON THIS ITEM, IF YOU WOULD PLEASE CAST YOUR VOTES? CONSENT ITEMS PASSED UNANIMOUSLY, TAKES US TO AGENDA ITEM 6, [6. Items For Individual Consideration and Public Hearings. (Part 1 of 2)] ITEMS FOR INDIVIDUAL CONSIDERATION AND PUBLIC HEARINGS. AT THE TIME AND PLACE OF ANY PUBLIC HEARING HELD DURING THIS MEETING, ALL PERSONS WHO DESIRE WILL HAVE AN OPPORTUNITY TO BE HEARD IN OPPOSITION TO OR IN FAVOR OF THE ORDINANCE APPLICATION OR OTHER PROPOSED ITEM. ITEM 6A IS CONDUCT A PUBLIC HEARING, DISCUSS, AND ACT ON AN ORDINANCE REGARDING A REQUEST FOR A SPECIFIC USE PERMIT FOR COMMERCIAL RADIO, TV, OR MICROWAVE OPERATION, TOWER ON URBAN CROSS AND BLOCK A, 19R. NO, I'M GOING TO BRING IT DOWN SIX. I BEG YOUR PARDON. PLANTING MANAGER LAUREN MACKEY. SORRY. >> THIS ITEM IS A SPECIFIC USE PERMIT REQUEST FOR A TELECOMMUNICATIONS TOWER ON THE URBAN CROSSING HOA LOT. IT IS A SUBDIVISION THAT HAS 31 PROPERTY OWNERS THAT ARE PROPOSING TO REPLACE AN EXISTING 60-FOOT TOWER WITH A 120-FOOT MONOPOLE TOWER. AS YOU CAN SEE ON THIS SLIDE, THERE IS THE EXISTING 60-FOOT TOWER WHERE THEY WOULD REMOVE IT AND THEN REPLACE IT WITH THE 120-FOOT. THE REASON WHY THEY ARE PROPOSING TO DO THIS ON THEIR PROPERTY IS IT IS RESTRICTED BY SEVERAL EASEMENTS AS WELL AS THE BUILDING SETBACKS ON THE PROPERTY, SO THERE ISN'T SOMETHING THAT THEY COULD DO LIKE HAVE A POOL LIKE OTHER SUBDIVISIONS. WITH A SPECIFIC USE PERMIT, CITY COUNCIL MAY ESTABLISH CONDITIONS, REGULATIONS NECESSARY TO PROTECT THE HEALTH, SAFETY, MORALS, AND GENERAL WELFARE. AT THE PUBLIC HEARING ON MAY 5TH, THE PLANNING AND ZONING COMMISSION VOTED TO RECOMMEND APPROVAL OF THE TELECOMMUNICATIONS TOWER WITH THE FOLLOWING CONDITIONS, DEVELOP AS SHOWN ON THE SITE PLAN, MONOPOLE DESIGN WITH A MAXIMUM SUPPORT STRUCTURE OF 120 FEET, DESIGNED TO ACCOMMODATE AT LEAST FOUR PROVIDERS, NO LIGHTING INSTALLED ON THE TOWER EXCEPT AS REQUIRED BY LAW, CONSTRUCTED AS SHOWN IN THE APPROVED DRAWINGS AND THE EXISTING 60 FOOT SELF SUPPORTING LATTICE TOWER SHOULD BE REMOVED. THE APPLICANT IS ALSO HERE. THAT'S THE END OF MY PRESENTATION. >> THANK YOU, LAUREN, COUNSEL. QUESTIONS, COMMENTS. [00:35:02] I'M GOING TO GO AHEAD AND OPEN OUR PUBLIC HEARING AT 6:57 PM. I'LL GO AHEAD AND START OUR COMMENT CARDS WITH ASHLEY TORIO. IS THAT CLOSE? >> YES. >> HELLO. MY NAME IS ASHLEY TORIO. I RESIDE AT 3024 URBAN WAY IN ANNA, TEXAS. I'M HERE TO SPEAK IN FAVOR OF THIS TOWER. RIGHT NOW, THE INTERNET IN OUR NEIGHBORHOOD IS PRETTY BAD. WE ARE PRETTY NEW HOMEOWNERS IN THIS SUBDIVISION. WE USED TO LIVE IN MCKINNEY, AND I THINK IN MCKINNEY, WE WERE PAYING ABOUT ONE-FOURTH OF WHAT WE'RE PAYING FOR INTERNET RIGHT NOW, AND INTERNET QUALITY WAS A LOT BETTER. WHEN WE DECIDED TO MOVE TO THE HOUSE, MY HUSBAND WORKS FROM HOME 99% OF THE TIME, AND SO WE TALKED AND I REMEMBER TELLING HIM, HEY, WE SHOULD DO A LITTLE BIT MORE RESEARCH. WE KNOW THAT THE INTERNET IS GOING TO BE BAD. ARE YOU SURE THAT THIS IS GOING TO WORK? THEN HE LOOKED AT ME. HE SAID I'VE WORKED IN THIRD-WORLD COUNTRIES LIKE INDIA. IF I CAN WORK FROM HOME THERE, I CAN WORK FROM HOME IN THE UNITED STATES, AND HE'S HAD A LOT OF ISSUES. HIS CALLS KEEP DROPPING. WE'VE HAD AT&T, WE'VE TRIED T MOBILE. I THINK, WE'RE ON THE THIRD INTERNET PROVIDER RIGHT NOW. A LOT OF HOMES IN OUR SUBDIVISION WE NOTICED HAVE LITTLE SATELLITES ON TOP OF THE HOUSES. OUR KIDS HAVE CALLED THEM UNICORN HORNS, AND SO WE'VE RECENTLY PUT UP A UNICORN HORN, AND IT'S BEEN OKAY. BUT AGAIN, WE'RE PAYING A LOT MORE FOR INTERNET THAT'S REALLY NOT GOOD QUALITY. WE LIVE IN THE MOST DEVELOPED NATION IN THE WORLD, AND WE SHOULD BE GETTING GOOD INTERNET THAT CONNECTS US WITH THE REST OF THE WORLD. I THINK I WANT TO LEAVE US WITH A THOUGHT FROM ACTUALLY THE FIRST SPEAKER TODAY. WE ALL HEARD FROM LEE MILLER, AND HE WAS TALKING ABOUT HOW WITH POLICY, WE SHOULD BE DOING GOOD AND MAKING SURE THAT NOBODY WAS LEFT BEHIND AND THAT PEOPLE POLICY HELPS EVERYONE. I'M AN ECONOMIST BY TRAINING, AND WE ACTUALLY HAVE A NAME FOR THAT. IT'S CALLED THE PARETO PRINCIPLE. WHEN WE THINK ABOUT POLICY, MAKING SURE THAT PARTIES THAT ARE DIRECTLY IMPACTED BY A SPECIFIC TYPE OF POLICY IS IMPACTED IN A POSITIVE WAY THEN THAT REALLY SHOULD BE CONSIDERED. IN THIS CASE, ALMOST EVERYBODY THAT WE'VE TALKED TO IN OUR NEIGHBORHOOD, WE HAVE 31 HOUSES. WE'VE HAD AN HOA MEETING PRETTY RECENTLY. I THINK ALMOST ALL OF US ACTUALLY WHO VOTED ARE REALLY IN FAVOR OF THIS POLICY. I THINK THERE HAS BEEN SOME DISCORD PUT IN BY THIRD-PARTY COMPETITIVE PROVIDERS, AND THEY REALLY DON'T SPEAK FOR US AT ALL. I THINK THEY'RE REALLY JUST TRYING TO MAKE SURE THAT A MONOPOLY EXISTS AND THAT REALLY IS NOT FAIR TO THE PEOPLE THAT RESIDE IN THAT NEIGHBORHOOD, SO WE'RE HOPING THAT YOU SEE THROUGH THAT AND VOTE IN FAVOR OF THIS POLICY. THANK YOU. >> THANK YOU. NEXT UP, RALPH WINERER. >> THANK YOU, MR. MAYOR. MEMBERS OF COUNCIL. MY NAME IS RALPH WINERER FROM FALCON FOSTER, 14 28 TRAILSIDE COURT NORTHWEST GRAND RAPIDS, MICHIGAN. HERE ON BEHALF OF THE APPLICANT, HEMPHILL LLC, WHICH IS A TOWER COMPANY THAT BUILDS SITES WHERE THE PROVIDERS NEED THEM, AND IN THIS CASE, ANCHOR TENANT IS VERIZON WIRELESS, BUT IT'S ALSO DESIGNED TO ACCOMMODATE ADDITIONAL FUTURE PROVIDERS. IN THIS PARTICULAR CASE, THE NEIGHBORHOOD WHERE IT'S NEEDED VOTED OVERWHELMINGLY TO PLACE IT ON THEIR COMMON LOT. ACTUALLY, THEIR DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FROM WAY BACK IN 2022, SPECIFICALLY ALLOWED FOR HOA APPROVAL OF A TOWER ON THIS PARCEL. THEY WERE ALREADY WORKING AT THAT POINT TO ADDRESS THEIR ISSUES, AND THEY DID VOTE OVERWHELMINGLY TO PROCEED WITH THIS. IN TERMS OF SITE DETAILS, IT PROPOSES A 120-FOOT MONOPOLE WITH SPACE FOR FUTURE PROVIDERS AT 103, 91, AND 79 FEET ON THE TOWER. THEN ALSO, AS WAS MENTIONED, THAT THE EXISTING INTERNET SERVICE PROVIDER TOWER WILL BE REMOVED, [00:40:03] AND THOSE ANTENNAS WILL BE BROUGHT OVER TO THIS TOWER AS WELL. IN TERMS OF COMMUNITY BENEFIT, AS WAS MENTIONED, AND PROBABLY WILL BE MENTIONED BY OTHER NEIGHBORS, JUST THE WORK AT HOME, LEARN AT HOME, ALL OF THOSE ISSUES, ARE TOP OF MIND, BUT ALSO PUBLIC SAFETY IN TERMS OF CALLING 911 WHEN THERE'S AN EMERGENCY, IN TERMS OF AMBER ALERTS, WEATHER ALERTS, ALL THE KINDS OF EMERGENCY INFORMATION YOU GET BY PHONE. THIS WILL ADDRESS THAT. ALSO, VERIZON HEADS THE 5G INTERNET, WHERE I HAVE THAT AT HOME MYSELF WHERE YOU CAN JUST PLUG IN THE CUBE AND YOU'VE GOT GREAT INTERNET SERVICE AT HOME AS WELL. IN TERMS OF COMPATIBILITY, YOU'VE ALREADY GOT JUST UTILITY USES ON THIS LOT, THAT EXISTING 60-FOOT INTERNET SERVICE PROVIDER TOWER, BUT ALSO THE LARGE TRANSMISSION EASEMENT THAT'S ABOUT 60 FEET WIDE, WITH THE BIG TRANSMISSION TOWERS ARE ALREADY A VISUAL PRESENCE IN THAT NEIGHBORHOOD. THIS IS NOT REALLY ADDING ANYTHING SIGNIFICANT IN TERMS OF VISUAL IMPACT. ALSO, THE FAA DOES NOT REQUIRE LIGHTING AT NIGHT, SO IT'LL BE A DARK SIGHT, THERE WON'T BE ANY FLASHING LIGHT. THEN, AS WAS MENTIONED, WE DID HAVE A COMPETING TOWER OWNER, SBA, SHOW UP. THEY'VE GOT A SITE ON THE OTHER SIDE OF HIGHWAY 75 ON THE EAST SIDE, AND THEY CAME AND SAID IT'S IN THE BEST INTEREST OF THE COMMUNITY TO FORCE EVERYBODY ONTO THEIR SINGLE TOWER. THEY DID PROVIDE SOME MAPS TO THE PLANNING AND ZONING COMMISSION. I'M NOT SURE IF THEY'RE HERE TONIGHT OR IF THEY'LL DO THE SAME. BUT I WOULD ENCOURAGE YOU TO EVEN TAKE A LOOK AT THEIR VERY OWN MAPS, AND THEY SHOW A BLOB OF GREEN, THE BEST IN BUILDING SERVICE. THOSE ARE TWO DISTINCTLY SEPARATE FOOTPRINTS WHEN YOU COMPARE OUR PROPOSED LOCATION AND THEIR TOWER LOCATION. THE NEIGHBORHOOD WHERE ALL THESE PEOPLE LIVE AND ARE TRYING TO FIX THEIR ISSUES IS ON THE FRINGE OF THAT GOOD IN BUILDING COVERAGE FROM THE SPA TOWER. IF YOU LOOK AT EVEN THEIR OWN MAP, IT'S A CRAPSHOOT WHETHER THEY WOULD GET SERVICE FROM LOCATION ON THE SBA TOWER. THEIR NEIGHBORHOOD SLOPES DOWNWARD FROM EAST TO WEST, SO IT SITS IN A HOLE RELATIVE TO THAT SBA TOWER. ALSO, THE HOUSES ARE VERY WELL BUILT WITH STONE AND BRICK, AND SO YOU NEED A REALLY STRONG SIGNAL TO PENETRATE THAT. THIS PROPOSED SITE IS RIGHT IN THEIR NEIGHBORHOOD WHERE THE NEED IS AND IS GOING TO BE ABLE TO PROVIDE STRONG SIGNAL WITHIN ALL THEIR HOMES. AS FAR AS DISTANCE FROM THE TOWER, THE SBA FOLKS ARGUED IT'S TOO CLOSE, BUT YOUR ORDINANCE, SECTION 9.04, 0.037 B4GV, TABLE 22 HAS A SEPARATION DISTANCE REQUIREMENT, A TABLE TO FIND THE HEIGHT OF THE TOWER AND THE DISTANCE REQUIRED, AND THE REQUIRED DISTANCE BETWEEN THIS PROPOSAL AND SBA'S TOWER IS ACTUALLY THE REQUIRED SEPARATION DISTANCE IS 1,500 FEET. WHEN I PLOTTED THE LAD LONGS OF BOTH LOCATION AND THEIR LOCATION, THE ACTUAL SEPARATION BETWEEN THESE TWO SITES IS 2,961 FEET. THAT'S JUST ABOUT TWICE THE REQUIRED SEPARATION DISTANCE IN THE ORDINANCE. WE DO MEET THE REQUIREMENTS THAT YOU HAVE IN YOUR OWN ORDINANCE FOR SEPARATION BETWEEN TOWERS. IN CONCLUSION, STAFF HAS RECOMMENDED APPROVAL. PLANNING ZONING HAS RECOMMENDED APPROVAL. WE AGREE WITH THE SIX CONDITIONS THAT ARE IN THE STAFF REPORT AND THAT ARE IN THE ORDINANCE. WE RESPECTFULLY ASK FOR YOUR APPROVAL OF THIS. I'M HAPPY TO ANSWER ANY QUESTIONS. THANK YOU, SIR. >> THANK YOU. I JUST HAD ONE REAL QUICK QUESTION CLARITY, THOUGH, YOU SAID THAT NO FA REQUIRED LIGHTING. IS THAT BECAUSE OF THE LOCATION OR BECAUSE OF THE HEIGHT? >> IT'S BECAUSE OF THE HOLE. USUALLY, THE RULE OF THUMB IS IF YOU'RE UNDER 200 FEET, YOU DO NOT HAVE TO LIGHT THE TOWER. THE EXCEPTION TO THAT IS IF YOU'RE CLOSE TO AN AIRPORT, YOU'RE IN AN APPROACH ONE OR ONE OF THE ONES. IF YOU PENETRATE THAT SURFACE, THEN YOU HAVE TO LIGHT IT EVEN IF YOU'RE SURE OF IT. BUT IN THIS CASE, WE'RE NOT CLOSE TO AN AIRPORT AND WE'RE WELL UNDER THE 200-FOOT THRESHOLD. >> THANKS. >> NEXT UP, I HAVE MR. BEN ESAR. >> GOOD EVENING, COUNCIL MEMBERS. THANK YOU FOR THE TIME, FIRST OF ALL. I'M HERE, ACTUALLY, JUST AS IN MOST OF THESE OTHER NEIGHBORS THAT YOU SEE BEHIND ME, OR WE'LL BE TALKING IN TERMS OF SUPPORT OF THIS TOWER TO BE WITHIN OUR COMMUNITY AS WELL. MY NAME IS AGAIN, BEN ESAR, SO I RESIDE AT 3040 CROSSING DRIVE IN URBAN CROSSING AS WELL, AND I'M STANDING HERE, JUST BEING REPRESENTATIVE WITH ALL OF MY NEIGHBORS, AS WELL AS PART OF THAT ETJ AREA THAT'S BEHIND US THERE [00:45:03] AS WELL AND REALLY SAYING THAT WE'VE BEEN LIVING IN THE DARK, DIGITALLY SPEAKING, IF YOU WILL, FOR OVER EIGHT YEARS NOW, I GET PRIMARILY IN TERMS OF HOW THE COMMUNITY HAS GROWN AT THIS POINT AS WELL. OVER THE LAST FEW WEEKS NOW, MAYBE CLOSE TO A COUPLE OF MONTHS NOW, WE WERE AT A REALLY GOOD POINT WHERE WE THOUGHT EVERYTHING WAS GOING WELL UNTIL DURING THE BOARD OF ADJUSTMENTS MEETING A FEW WEEKS AGO, A PERSON CAME FORWARD AND THEY WERE REPRESENTED THEIR OPPOSITION AGAINST THIS TOWER. THEY REPRESENTED IT AS SAYING THAT IT WAS AN OPPOSITION BASED UPON A NEIGHBOR THAT CAME THROUGH. WELL, AS SHE KEPT ON SPEAKING, WE FOUND OUT THE FACT THAT, WELL, A NEIGHBOR WAS REALLY IT WAS JUST ANOTHER CORPORATION. IT WAS A COMPETITOR. THEY HAVE A TOWER THAT IS ON THE EAST SIDE, ABOUT A LITTLE OVER A HALF A MILE FROM THIS URBAN CROSSING AREA. WHAT THEY WANTED WAS BASICALLY TO HAVE VERIZON COME AND PUT THEIR ANTENNA ON THEIR TOWER THAT'S ALREADY UP. THE PROBLEM IS THE PROXIMITY OF IT. WHEN WE TALK ABOUT HALF MILE, WE'RE TALKING ABOUT ESSENTIALLY SEVEN FOOTBALL FIELDS THAT WE'RE PUTTING TOGETHER. THAT'S A LOT IN TERMS OF WHEN WE'RE TALKING ABOUT TRYING TO GET GOOD SERVICE. WE'RE IN A SITUATION WHERE GCEC HAS ALREADY SAID THEY'RE NOT GOING TO DROP FIBER FOR US. WE'VE ASKED IN NUMEROUS TIMES. AT&T HAS COME AND SAID NO AS WELL. THEY'RE NOT GOING TO DO ANYTHING ABOUT IT. WE'RE STUCK. WE'RE IN A PLACE WHERE NONE OF THESE OTHER UTILITY COMPANIES ARE PLANNING AND WE NOT COME TO PUT IN FIBER AND GIVE US A BETTER SENSE OF SERVICE AT THIS POINT. WE'RE AT THIS OPPORTUNITY NOW WHERE WE ARE IN A SITUATION WHERE WE CAN BEGIN TO GET EXCELLENT CELL SERVICE, EXCELLENT INTERNET SERVICE. I WORK FROM HOME 100%. WE NEED THIS AS WELL. WHAT WE'RE ASKING FOR IS THE FACT THAT THIS COUNCIL LISTENS TO OUR NEEDS AT THIS POINT. WE'VE BEEN DEALING WITH THIS. IF YOU'VE EVER REMEMBER THAT COMMERCIAL FROM VERIZON, CAN YOU HEAR ME NOW? THAT'S WHAT WE'VE BEEN LIVING WITH FOR THE PAST EIGHT YEARS. WE ARE IN A SITUATION WHERE WE REALLY NEED BETTER. WE'RE HERE TO SUPPORT, AND I THINK IT WAS MENTIONED BY I DON'T KNOW IF SBA IS HERE TONIGHT. THERE'S A LOT OF FALLACIES, A LOT OF MISREPRESENTATIONS THAT THEY HAVE BROUGHT FORTH. WE'RE HERE TO SAY YOU HAVE 98% OF THE COMMUNITY OF THE HOUSEHOLDS THAT HAVE SAID, WE WANT THIS, AND THEY'RE THE ONES BEING AFFECTED. THANK YOU FOR YOUR TIME, AND WE APPRECIATE YOU. >> THANK YOU, SIR. >> NEXT UP, I'VE GOT TOM LONG MEYER. PREPARATION. >> TOM LONG MEYER. >> I'M TOM LONG MEYER. I LIVE AT 303 TWO CROSSING DRIVE. I WON'T REPEAT A LOT OF THE THINGS THAT WERE SAID, BUT SOME OF YOU HAVE BEEN ON THE COUNCIL LONG ENOUGH TO REMEMBER WHEN WE CAME BEFORE AND ASKED FOR HELP GETTING SOME FIBER IN OUR NEIGHBORHOOD. SOME OF YOU CAME AND VISITED. IT NEVER HAPPENED. NOT BY ANY FAULT OF YOURS, THE DEVELOPER AND AT&T JUST WOULDN'T DO IT. GCEC DOESN'T HAVE US ON THEIR PLANS. THAT'S BEEN STATED, WE HAVE TERRIBLE INTERNET SERVICE. A GOOD EXAMPLE WAS YESTERDAY OR THE NIGHT BEFORE WHEN WE HAD THESE TERRIBLE STORMS. CAN'T GET SIGNALS, EVEN OUR WEATHER RADIO DOESN'T GET A GOOD SIGNAL. THE INTERNET THAT WE HAVE IS TOWERED TO UNICORN GOES OUT IF THE WIND BLOWS. HAVING THIS TOWER WILL GIVE US MUCH MORE OPTIONS FOR BETTER COMMUNICATIONS INTO OUR NEIGHBORHOOD. AS THOSE OF YOU THAT HAVE BEEN THERE KNOW, WE'RE IN A HOLE. HAVING THIS TOWER CLOSER IN THE PROXIMITY TO OUR NEIGHBORHOOD WILL GIVE US MUCH BETTER SERVICE. I PERSONALLY HAVE ADDED A CELL BOOSTER INTO MY HOUSE. IT STILL DOESN'T GET GREAT PERCEPTION. WE'VE BEEN THROUGH TWO BOARD OF ADJUSTMENT MEETINGS, THE P&Z MEETING. ALL OF THEM HAVE APPROVED. THE RECOMMENDATIONS THAT HAVE BEEN MADE ARE GOING TO BE BENT. AS YOU SAW, THAT LOT IS WORTH NOTHING TO US OTHER THAN A PLACE TO PUT A TOWER. IF YOU LOOK AT THE PICTURE, THAT'S WHAT WE SEE NOW, THE SMALLER TOWER AND THE BIG WHAT WE CALL GORILLA TRANSMISSION LINE. THAT CROSSES IT, AND ROSEMOND PARKWAY IS GOING TO TAKE A BIG PORTION OF THAT LOT. WE CAN'T USE IT FOR MUCH ELSE, AS MS. MACKEY POINTED OUT. WE JUST WANT TO MAKE SURE THAT YOU KNOW OUR NEIGHBORHOOD SUPPORTS THIS FULLY. WE'VE HAD A LOT OF MEETINGS. WE'VE HAD VOTES. IT'S OVERWHELMINGLY APPROVED, AND WE WOULD ASK THAT YOU APPROVE THIS SPECIAL PERMIT. THANK YOU. >> NOW, I ALSO HAVE THREE MORE CARDS UP HERE. THEY DON'T WISH TO SPEAK, BUT THEY'RE ALL CHECKING THAT THEY SUPPORTED. [00:50:01] LAURA LANG MEYER IS IN SUPPORT. STUART BROWN IS IN SUPPORT. TED HOYT, I DON'T HAVE THE AGENDA ITEM. IS TED HERE? IS THAT RIGHT? IN SUPPORT? MR. HOYT, THEN. THANK YOU. SIX A. THAT TAKES US TO THAT. AT THIS TIME, I'M GOING TO GO AHEAD AND CLOSE OUR PUBLIC HEARING AT 7:12 PM. COUNCIL, IF YOU WOULD JUST DIRECT ALL QUESTIONS TO STAFF AT THIS POINT. ANY COMMENTS OR QUESTIONS ON THIS? DID HE LEAVE? THE OTHER GUY? >> HE'S RIGHT BEHIND YOU. >> THE REPRESENTATIVE. >> HE'S RIGHT THERE. >> HE'S HIDING BEHIND HER. [LAUGHTER] I'M JUST KIDDING. IF YOU NEED TO COME UP, THAT'S FINE. EVERYBODY'S REFERENCE THAT THERE'S NO [NOISE] HIGH SPEED INTERNET THAT'S THERE OR THAT HAS FUTURE PLANS TO BE THERE. I KNOW WE CAN'T LOOK IN A CRYSTAL BALL. BUT IF HIGH SPEED INTERNET WAS TO COME ALONG ROSEMOND OR WHATEVER, AND THEN IT WOULD HAVE THE OPPORTUNITY TO GO DOWN INTO THE DEVELOPMENT, WOULD THE TOWER THEN NO LONGER NEED TO BE THERE OR WOULD IT CONTINUE TO STAY? >> GOOD QUESTION. IT WOULD CONTINUE TO STAY BECAUSE NOT ONLY DO THE PROVIDERS PROVIDE INTERNET SERVICE LIKE WIRELESS INTERNET, BUT THEY WOULD STILL SUPPORT THE CELL PHONE SERVICE DATA AND VOICE SERVICE ON THE CELL PHONE, WHICH THE INTERNET PROVIDERS DON'T ADDRESS. THIS IS DESIGNED FOR ADDITIONAL PROVIDERS IN FUTURE TOO, AND WE EXPECT THAT IN ADDITION TO PRIZE AND WE'LL GET THE MOBILE AT&T, OTHERS AS WELL WITH BOTH CELL PHONE SERVICE AND WHATEVER VARIETY OF INTERNET SERVICE THAT THEY OFFER. EVEN IF THERE IS FIBER INTERNET IN THE COMMUNITY THAT BECOMES AVAILABLE, THEY'LL STILL MEET THIS LOCATION FOR CELL SERVICE AT A MINIMUM AND PROBABLY STILL COMPETE WITH INTERNET SERVICE DEPENDING ON PRICE. >> THANK YOU, SIR. YOU SEEM VERY MOTIVATED TOO, SO GO AHEAD, SIR. > IF YOU LOOK AT THE RED CIRCLE THERE, IF YOU GO 200 FEET TO THE NORTH, AT&T HAS A FIBER BOX ON ONE OF OUR OWNERS LOTS. IT'S BEEN THERE SINCE THE DEVELOPMENT STARTED IN 2017. THEY WILL NOT GO TO THE EXPENSE OF PUTTING FIBER THROUGH OUR NEIGHBORHOOD FOR 30 HOUSES. GCEC, WE'VE TALKED TO THEM EXTENSIVELY. IF WE WERE EVER GOING TO BE IN THEIR PLANS, IT WOULD BE 10 YEARS OUT. WE'VE TRIED ALL THAT. >> I'M NOT TELLING YOU THAT WE NEED TO TRY IT, I'M JUST ASKING FOR FUTURE REFERENCE THAT IF IT'S THERE, WOULD THE TOWER STAY THERE, AND THEN COULD THE TOWER POTENTIALLY GET BIGGER ONE DAY, 200 FEET, 300 FEET. I DON'T KNOW ABOUT TOWERS. THAT'S WHY I'M ASKING YOU. >> THANK YOU. >> YES, SIR. THANK YOU. >> [INAUDIBLE] THE TENDENCY HAS BEEN MORE AND MORE SMALLER TOWERS RATHER THAN LARGER BECAUSE AS YOU GET MORE AND MORE USAGE, YOU HAVE TO CREATE A SMALLER CELL TO SERVE THE VOLUME OF DEMAND. I WOULD SAY IN THE FUTURE, YOU MIGHT HAVE MORE TOWERS IN BETWEEN OR VERIZON WILL GO ON THIS TOWER AND THE SPA TOWER IN SIDE OF THE HIGHWAY BECAUSE ALL THE NEIGHBORHOODS ARE FILLING IN. >> BECAUSE THEY'RE SHARING THE STUFF. >> THE FUTURE IS PROBABLY MORE SITES IN VERIZON. OTHER PROVIDERS MAY BE USING THIS LOCATION SPA STUFF IN THE OTHER NEIGHBORHOOD. >> AWESOME. THANK YOU, SIR. >> [OVERLAPPING] IF YOU DON'T MIND, YOU CAN STAY UP HERE FOR A MINUTE. HOW MANY PROVIDERS CAN YOU HAVE ON THIS TOWER AND WILL IT BE 5G? >> YES IT WILL BE 5G AND IT'S VERIZON RIGHT NOW. THIS IS THE ONLY FIRM COMMITMENT WE HAVE, BUT THE OTHERS ARE STUDYING IT AND AWARE OF IT. [INAUDIBLE] IS IN THE BUSINESS OF ENCOURAGING LEASING OF ITS ASSET BECAUSE THAT'S HOW THEY MAKE THEIR MONEY, SO YOU DILIGENTLY MARKET IT TO ALL THE PROVIDERS. USUALLY WE FIND WHEN ONE COMES IN LIKE VERIZON, THEN THEIR COMPETITORS WANT TO KEEP UP TO MAINTAIN THE SAME LEVEL OF SERVICE SO THEY DON'T SUBSCRIBE. >> THEN, COUNCIL, I WOULD LIKE TO POINT OUT A FEW, JUST FROM EXPERIENCE FROM WHERE I WORK. MODEL TOWERS ARE A LOT BETTER TO LOOK AT THAN THIS LATTICE TOWER. THEY'RE NOT LATTICE-TYPE TOWER, AND KIDS CAN'T CLIMB UP A POLE IN THIS TOWER. BUT ALSO, THIS, WITH THE GROWTH THAT WE HAVE GOING ON ON THE WEST SIDE OF 75 IS SERIOUSLY GOING TO HELP OUT NOT JUST URBAN CROSSING, [00:55:02] BUT IT'S GOING TO HELP OUT EVERYONE. [OVERLAPPING] I HAD NO IDEA, IT WAS A COMPETITIVE-TYPE, AND THEY WERE UPSET ANOTHER TOWER WAS GOING TO BE PUT UP. IF THEY WERE THAT WORRIED, THEY MIGHT PUT UP A TALLER TOWER IF THEY WERE SO CONCERNED ABOUT URBAN CROSSING. BUT YEAH, P&Z IT WAS WILD. BUT YEAH, I APPRECIATE IT. WE ALL KNOW HOW URBAN CROSSING CAN COME TOGETHER. I THINK A FEW OF US MIGHT HAVE LEARNED ABOUT THAT ABOUT THREE OR FOUR YEARS AGO. THEY DIDN'T WANT SOMETHING A FEW YEARS AGO, AND NOW THEY'RE BEGGING FOR SOMETHING THIS YEAR. I'M ALL FOR IT. >> Y'ALL GOT TO REMEMBER THAT. I'M JUST KIDDING. >> WE DID LIVE THROUGH THAT. THE RADIUS, THE TRANSMISSION RADIUS OFF OF 120 FOOT TOWER, HOW FAR DOES THAT EXTEND? >> I WOULD SAY STRONG IN-BUILDING COVERAGE SIGNAL, WHICH IS AROUND 70 BPM, IF YOU'RE IN THE TECHNICAL RADIO FREQUENCY, WHICH I'M NOT. I'M JUST REPEATING. WHAT I SEE IS ABOUT A HALF MILE RADIUS FOR THE IN BUILDING. THAT'S WHY WITH THE SBA TOWER BEING A LITTLE MORE THAN HALF MILE DOWN THE ROAD, WHEN THEY DO THEIR MAP AND SHOW THEIR IN-BUILDING RADIUS, THIS NEIGHBORHOOD IS MAYBE HALF IN HALF OUT OR MAYBE OUT. >> IF YOU REMEMBER COUNCILMAN CARVER, OFF OF WHITE STREET AT THE ENTRANCE OF SAN HURRICANE CREEK, WE APPROVED THE OTHER TOWER. SERVICE IS GOING TO IMPROVE REALLY WELL OVER THERE REAL QUICK. >> IN VEHICLE AND OUTDOOR, YOU GET FARTHER AWAY, BUT IN BUILDING WHEN YOU TALK ABOUT PEOPLE WORKING FROM HOME OR LEARNING AT HOME, YOU REALLY ARE TALKING ABOUT A HALF MILE RADIUS. >> IT IS A GOOD OVERLAP THERE. THANKS FOR THE REMINDER, KEVIN. I WANT TO HEAR IT EXACTLY BECAUSE I WAS ONE OF THE ONES WHO WAS PART OF THE CONVERSATIONS TRYING TO HELP OUT THAT NEIGHBORHOOD WHENEVER WE BECAME ACUTELY AWARE OF THE CHALLENGES THERE. THE CONNECTION, IS IT GOING TO BE WIRELESS WI-FI CONNECTIONS TO THIS TOWER TO BE ABLE TO SUPPORT THAT NEIGHBORHOOD OR ARE YOU TYING INTO THE FIBER THAT THEY ALLUDED TO? WHAT EXACTLY IS GOING TO BE THE BENEFIT FOR URBAN CROSSING? >> WE TIE THE TOWER IN FIBER AS THE BACKHAUL NETWORK. [OVERLAPPING]. THEY'LL HAVE A HARD WIRE TO THE TOWER, AND THEN THE TOWER ITSELF IS RADIO FREQUENCY FROM THE ANTENNAS. THAT WILL BE BOTH CELL PHONE AND DATA COVERAGE, BUT ALSO 5G INTERNET SERVICE. >> SURE. >> I HAVE THAT SAME SET UP AT MY HOUSE AT HOME. THEY HAVE A LITTLE BOX OR CUBE THEY PLUG IN AND IT GETS THAT SIGNAL FROM THE TOWER, AND THEN IN YOUR HOME, YOU HAVE YOUR OWN WI-FI NETWORK OF OFF OF THAT CUBE COMING FROM THE TOWERS SERVICE. THAT'S THE INTERNET PART OF IT, AND OF COURSE, YOU GOT YOUR PHONE AND OTHER DEVICES WORKING DIRECTLY OFF IT. >> IF THIS IS APPROVED TONIGHT, HOW SOON WILL THIS PROJECT START? >> WE HAVE TO GET THE BUILDING PERMIT AS WELL, AND THEN I'LL HAVE TO CHECK WHERE THEY'RE AT WITH GOVERNMENT APPROVALS. I THINK THEY'VE GOT FAA APPROVAL, THE FCC NOTIFIES TRIBES AND ALL THAT STUFF SO THEY CAN COME IN IF THERE'S A SACRED THING, THERE'S A HISTORICAL THING. BUT I WOULD SAY THEY'RE RUNNING FOR PROBABLY LATE SUMMER CONSTRUCTION, MAYBE EARLY FALL. THAT PROCESS TAKES ABOUT 30-45 DAYS, I'D SAY ON HERE BEFORE CHRISTMAS. >> I'LL MAKE THAT NEIGHBORHOOD VERY HAPPY. THANK YOU. >> YOU HAVE SOMETHING? >> SORRY, IF YOU WOULDN'T MIND APPROACHING ONE MORE TIME. I APOLOGIZE. AT LEAST YOU GET YOUR STEPS IN. HOPE YOU GOT YOUR APPLE WATCH JOHN. SO A COUPLE OF QUICK QUESTIONS. CAN YOU HELP DESCRIBE FOR PEOPLE WHO DON'T UNDERSTAND WHAT MEASURABLE DIFFERENCE THIS IS GOING TO BE? CAN YOU MAYBE DESCRIBE SPEEDS, ANYTHING LIKE THAT, JUST SO PEOPLE ARE ABLE TO QUANTIFY THE DIFFERENCE. >> NOT FROM A TECHNICAL STANDPOINT, BUT I KNOW FOLKS IN THE NEIGHBORHOOD RIGHT NOW, IF IT'S ON A CELL PHONE, YOU CAN'T CONNECT OR GRAB CALLS. IF IT'S INTERNET SERVICE, YOU GOT SLOW, PAGES LOAD THINGS OR JUST CAN'T WATCH A VIDEO OR EVEN WEATHER RADAR OR SOME THINGS LIKE THAT. AND WITH THIS IN PLACE, YOU WOULD HAVE VERY FAST LOOKING FIELD TO YOUR INTERNET, GOOD CALL QUALITY. YOU WOULDN'T DROP A CALL. I GUESS THAT'S WHAT PRACTICAL MEANS. >> IS THE EXISTING TOWER 5G CAPABLE? [01:00:01] >> YES. EXISTING ONE, I BELIEVE SO. [OVERLAPPING] [INAUDIBLE] THIS PROPOSAL. >> THIS TOWER COMING IN WOULD BE 5G CAPABLE. JUST THE TECHNOLOGY OF 5G, IT'S THE AMOUNT OF NODES. YOU GET A MILLION-PLUS NODES OFF EACH TOWER OR EACH ANTENNA. CAPACITY IS GOING TO BE ENORMOUS COMPARED TO THE EXISTING. >> WHICH TOWER ARE YOU TALKING ABOUT? >> THE 60 FOOT THAT'S THERE. >> THAT'S THERE NOW? >> YEAH. >> BUT IT WON'T HOLD FOUR OR FIVE PROVIDERS. >> THAT'S WHAT YOU'RE SAYING. >> NO, I'M TALKING ABOUT WEIGHT WISE. IT'S A LITTLE BITTY LATTICE TOWER THAT WE HAD BACK IN 1980 AND THE ANTENNA GOES ON TOP. IT WON'T HOLD A WEIGHT. >> THAT'S WHAT I'M SAYING, THOUGH, JUST BY THIS NEWER TOWER BEING THE 5G CAPABLE AND BEING MORE MODERN TECHNOLOGY, YOU INCREASE A MILLION FOLD. MAKE UP NUMBER, BUT THE CAPACITY IS JUST OUTRAGEOUS COMPARED TO EXISTING TECHNOLOGY. >> FANTASTIC. I JUST WANTED TO REALLY HELP PROVIDE SOME CONTEXT FOR PEOPLE. THEN HOW MANY EXPECTED CUSTOMERS DO YOU ANTICIPATE THAT THIS WILL SERVE OR RESOLVE THE PROBLEM FOR? >> I DON'T HAVE STATS ON INDIVIDUAL HOUSEHOLDS OR PEOPLE WITHIN THE IN BUILDING, LIKE I SAID BEFORE, IT'S A HALF MILE RADIUS. YOU GOT HURRICANE CREE, THE SUBDIVISION, SUBDIVISION TO THE SOUTH SOUTHWEST AND THERE'S MORE COMING INTO PLAY ON EITHER SIDE OF 75 AND THERE'S A COMMERCIAL DEVELOPMENT THAT'S GOING TO COME IN THERE AS WELL. I'M NOT A MATH EXPERT, BUT HOW MANY PEOPLE WITHIN A HALF MILE RADIUS MILE DIAMETER? IF YOU'RE TALKING ABOUT DENSITY PACK SUBDIVISION, THAT'S [INAUDIBLE] >> WHAT I'M ALLUDING TO IS AT SOME POINT, ARE YOU GOING TO NEED TO MAKE UPGRADES TO SERVE A GREATER NUMBER OF PEOPLE, AND WHAT DOES THAT LOOK LIKE? >> GOING TO HAVE TO WHAT? >> ARE YOU GOING TO HAVE TO MAKE FEATURE UPGRADES TO SERVE A GREATER NUMBER OF PEOPLE? IF SO, WHAT DOES THAT LOOK LIKE? >> KEEP UP WITH LIKE THE ANTENNAS. THEY'VE GONE ALREADY FROM 3G TO 4G TO 5G BY UPGRADING EQUIPMENT AT EXISTING SITES. THEY WOULD CONTINUE TO DO THAT AT THE SITE. EACH OF THE PROVIDERS, WHETHER IT'S VERIZON OR ATP MOBILE WOULD CONTINUALLY UPGRADE TO BETTER SERVE CUSTOMERS. AS I MENTIONED BEFORE, IF DEVELOPMENT AND TECHNOLOGY GOES TO THE POINT WHERE IT'S SUCH A DEMAND THAT YOU NEED MORE SITES, THEN THEY KEEP BUILDING NEW TOWERS IN BETWEEN THE EXISTING TOWERS. USED TO BE IN THE OLD DAYS, YOU'D HAVE ONE TALL TOWER OUTSIDE OF TOWN SERVING THE WHOLE COMMUNITY. THEY PUT A MID SIZE ONE ON THE OTHER SIDE OF TOWN TO SPLIT THE LOAD, AND THEY PUT A SMALLER ONE ON THE MIDDLE AND IT JUST KEEPS FILLING IN LIKE THAT. SO IN THIS CASE, THIS ONE WILL SERVE FOR THE FORESEEABLE FUTURE, BUT AS THERE'S MORE DEVELOPMENT, THEY MAYBE NEED TO HAVE OTHER THINGS A MILE AWAY OR SO [INAUDIBLE] >> PERFECT. I APPRECIATE YOU EXPLAINING THAT, ESPECIALLY FOR ANYONE WHO MIGHT BE LISTENING WHO MAY NOT BE FAMILIAR WITH IT. THANK YOU. >> THANK YOU. >> MAKE A MOTION TO APPROVE. >> SECOND. >> HAVE A MOTION AND A SECOND IN THE ITEM, IF YOU WOULD, PLEASE CAST YOUR VOTE. ITEM PASSES UNANIMOUSLY, 7-0. THAT WILL TAKE US TO ITEM 6B. CONSIDER, DISCUSS AND ACT ON A RESOLUTION REGARDING [INAUDIBLE] CITY, BLOCK A, LOT 1, DEVELOPMENT PLAT DP 25.0002 LAUREN MACKEY. >> IT'S A LITTLE BIT OF AN UNUSUAL REQUEST BEFORE YOU. IT IS A REQUEST TO APPEAL THE PLANNING AND ZONING COMMISSION'S DENIAL OF A DEVELOPMENT PLAT AND THE FOUR WAIVERS FROM ARTICLE 9.02 OF THE SUBDIVISION REGULATIONS. THIS PROPERTY IS LOCATED IN THE NORTHEASTERN AREA OF OUR ETJ, A LITTLE BIT NORTH OF THE WESTMINSTER AREA. THE APPLICANT IS PROPOSING TO CONSTRUCT UP TO EIGHT HOUSES, THREE BARNS, 13 GARAGES OR SHEDS, AND ONE POOL HOUSE. WHERE THE ISSUE LIES IS THAT THE APPLICANT WAS REQUESTING FOUR WAIVERS FROM THE SUBDIVISION REGULATIONS. THE FIRST ONE IS ON THE ADEQUACY OF STREETS AND THOROUGHFARES. THE APPLICANT IS PROPOSING TO NOT CONSTRUCT A STREET TO CITY STANDARDS AND NOT DEDICATING RIGHT OF WAY. ADDITIONALLY, I'LL SHOW YOU IN NEXT SLIDE. THE LENGTH OF THE ACCESS EASEMENT THAT'S BEING PROPOSED GREATLY EXCEEDS OUR TYPICAL 1,200 FEET MAXIMUM STREET LENGTH. THEN THE PROPERTY AS IT EXISTS TODAY DOES NOT FRONT ONTO A PUBLIC STREET. WHAT I HAVE ON THIS SLIDE I IS HIGHLIGHTED IN [01:05:04] GREEN THE EXISTING EASEMENT FOR THE GAS LINE, AND THEN IN RED IS THE APPLICANT'S PROPOSED ACCESS AND UTILITY EASEMENT. AS YOU CAN SEE, OUTLINED IN RED IS THE PROPERTY OWNER'S ENTIRE PROPERTY. THE DEVELOPMENT PLAT IS ONLY FOR A PORTION OF IT SINCE THEY ARE SEPARATE TRACKS. THE DISTANCE FROM THE STREET, AS IT WOULD BE TODAY, IS 1,400 FEET FROM THE CENTER LINE OF THE COUNTY ROAD TO THE PROPERTY LINE, AND THEN THAT ACCESS EASEMENT ALL THE WAY TO THE END IS ANOTHER 1,600 FEET, WHICH IS SIGNIFICANTLY MORE THAN OUR 1,200 FOOT MAXIMUM STREET LENGTH. THE ISSUES WITH THIS DEVELOPMENT PLAT IS THAT THE SITE DOES NOT HAVE A MINIMUM FRONTAGE OF 40 FEET ALONG A PUBLIC STREET. THE PROPOSED DRIVEWAY LENGTH EXCEEDS MAXIMUM LENGTH AND CANNOT BE DEDICATED ON A DEVELOPMENT PLAT. THE SITE LACKS TWO POINTS OF ACCESS. THE PROPOSED DRIVEWAY IS NOT BUILT TO CITY STANDARDS FOR PUBLIC SAFETY ACCESS TO THE SITE. AT THE MAY 5TH, PLANNING AND ZONING COMMISSION MEETING, THE COMMISSION VOTED 70 TO RECOMMEND DENIAL OF THE DEVELOPMENT PLAT AND THE REQUESTED WAIVERS. THE APPLICANT IS PRESENT. >> COUNCIL. NO COMMENTS? NO QUESTIONS? ANYTHING FOR THE APPLICANT? >> I HAVE. WHO DO WE HAVE? >> YOU'RE SAYING OUR PLANNING AND ZONING DENIED A PROPERTY OWNER BUILDING ON THEIR PROPERTY, AND THEY'RE NOT CURRENTLY IN THE CITY LIMITS. >> THE WAY THAT IT WORKS IN THE EXTRATERRITORIAL JURISDICTION IS THAT THEY STILL HAVE TO FOLLOW THE CITY SUBDIVISION REGULATIONS. IN ORDER FOR A PROPERTY OWNER TO GET A PERMIT FROM COLLIN COUNTY, THEY FIRST HAVE TO COME TO ME AND GET A FORM CALLED ETJ PLANTING VERIFICATION FORM SIGNED. BASED ON OUR SUBDIVISION REGULATIONS, THERE ARE CERTAIN EXEMPTIONS THAT WOULD ALLOW THEM TO MOVE FORWARD WITHOUT HAVING TO PLAT THE PROPERTY. HOWEVER, BECAUSE OF THE NUMBER OF BUILDINGS THAT ARE BEING PROPOSED IN THE SIZE OF THE BUILDINGS, WE REQUIRE THEM TO CHOOSE EITHER A DEVELOPMENT PLAT OR A MINOR PLAT. IN THIS CASE, THE APPLICANT CHOSE TO DO A DEVELOPMENT PLAT, AND WITH THAT, THERE'S THE FOUR WAIVERS THAT THEY'RE REQUESTING TO NOT FOLLOW WITH THE SUBDIVISION REGULATIONS THAT'S WHY THE PLANNING AND ZONING. >> IT WOULD HAVE BEEN A BETTER ROUTE TO TAKE DOING THE OTHER TYPE OF PLAT. >> WITH A MINOR PLAT, THE DIFFERENCE IS THAT IT'S RECORDED WITH THE COUNTY, IT ESTABLISHES ANY EASEMENTS ON THE SITE. A DEVELOPMENT PLAT IS MORE FOR THE CONSTRUCTION OF PROPERTY. IT'S TYPICALLY USED FOR RESIDENTIAL DEVELOPMENT, WHEREAS A COMMERCIAL DEVELOPMENT IS MORE LIKELY TO DO A MINOR PLAT. >> WHAT WAS THE P&Z'S MAIN COMPLAINTS? THE FOUR POWERPOINTS THAT ARE ON THAT ONE RIGHT THERE? >> AS I SAID, THIS TRACT, AS IT EXISTS TODAY, DOES NOT HAVE FRONTAGE ON A PUBLIC STREET. HOWEVER, BECAUSE OF THE NUMBER OF DWELLING UNITS ON THE SITE AND NOT HAVING TWO POINTS OF ACCESS WAS A CONCERN. >> THERE'S A LOT OF BUSINESSES IN ANNA THAT DOESN'T HAVE TWO POINTS OF ACCESS. MAYOR CAN WE TALK TO MR. SUDERKIN? >> YEAH. >> CAN YOU COME UP? BEFORE I ASK YOU A QUESTION, I'M GOING TO ASK YOU ONE MORE. I'M SORRY. THEY'RE LOOKING TO THE AGENDA IS THEY'RE LOOKING TO? EXPLAIN THAT AGAIN. WHAT WE'RE VOTING ON. >> THIS IS A REQUEST TO APPEAL THE PLANNING AND ZONING COMMISSION'S DECISION? >> WHICH WILL OVERTURN OR THEY HAD TO START OVER? >> IT WOULD OVERTURN. IT WOULD BE APPROVING THE DEVELOPMENT PLAT AS PROPOSED. >> I JUST WANT TO CLARIFY FOR EVERYBODY. MR. SERAN, I DON'T KNOW IF YOU WANT TO A. GO AHEAD. >> [INAUDIBLE] I LIVE AT 13970 COUNTY ROAD. >> THANK YOU. CAN YOU TALK A LITTLE BIT MAYBE ABOUT WHAT THE PLANS ARE, WHY THERE'S MULTIPLE. >> TO START AT THE BEGINNING, MY DAUGHTER IN LAW IS CHILDREN'S MINISTER AND MY SON IN LAW HELPS HER. THEY BOTH HAVE DEGREES IN FINE ARTS, [01:10:06] AND THEY HAVE A HEART FOR KIDS, AND THEY HAVE A HEART FOR FAMILIES. PART OF THE THING THAT WE EXPECT TO DO HERE IS FOR THEM TO BUILD A HOUSE ON HERE, AND THEN LATER ON, BUILD ANOTHER HOUSE FOR FAMILIES THAT GET HAVE DOMESTIC ABUSE OR SOMETHING LIKE THAT, AND THEY HAVE A SAFE HAVEN TO GO TO. I KNOW THAT YOU CARRIED AWAY WITH EIGHT HOUSES, AND I SHOULD HAVE STOPPED THEM AT THREE. BUT THEY HAVE A HEART FOR KIDS AND THEY HAVE A HEART FOR FAMILY SO THAT'S WHAT THE WHOLE IDEA BEHIND THIS WAS ALL ABOUT. I UNDERSTAND THE ACCESS POINT BUT IT ALSO CREATES A PROBLEM IF YOU HAVE DOMESTIC VIOLENCE GOING ON, YOU DON'T WANT A WHOLE LOT OF ACCESS FROM PLACES WHERE YOU CAN'T SEE TO STOP THEM FROM COMING IN. ON THE EAST SIDE IS THE CAMP. NOT SURE WHAT'S GOING TO HAPPEN TO THAT CAMP NOW, WHETHER IT'S GOING TO STAY A PARK OR BECOME HOUSES. FIRST, WE HAVE A CEMETERY ON THE WEST SIDE. WE WERE DENIED ACCESS THROUGH THAT. EVEN EMERGENCY ACCESS, WE WERE DENIED. THEY DON'T WANT ANYTHING TO COME INTO THE PROPERTY SO WE'RE STUCK. IT'S A DREAM MY DAUGHTER IN LAW HAD, AND WE'RE JUST FOLLOWING IT THROUGH, SEE WHAT HAPPENS. >> THANK YOU. I TALKED TO YOU ABOUT IT AFTER THE PLANNING AND ZONING I JUST WANTED THE REST OF THE COUNCIL TO UNDERSTAND YOUR FAMILY'S PLAN AND WHY YOU'RE ASKING THIS AND THE GOALS, AND EVEN I'M GLAD YOU COVERED IT AND I GET IT. WHY YOU DON'T WANT MULTIPLE POINTS OF ACCESS IF A MOM AND THEIR CHILDREN'S MAYBE GETTING AWAY FROM SOMEONE OR SOMETHING THAT THEY NEEDED TO HIDE IN A SENSE. >> ON THE PLUS SIDE, YOU CAN SEE UP THERE RIGHT WHERE IT'S BETWEEN FEET AND THERE'S A LAKE. WHICH IS WE WERE TOLD BY THE FIRE MARSHAL AND WHAT HAVE YOU, THEY CAN USE THAT TO PUMP WATER FROM FIRE SAFETY SO WE DO HAVE THAT. IT ALSO DECREASES OUR INSURANCE BECAUSE OF THAT. CLOSEST FIRE HYDRANTS WAY DOWN BY 2062, WHICH I DON'T EVEN KNOW IF THE [INAUDIBLE] AS FAR AS THAT'S WHAT WE HAVE. >> I APPRECIATE IT. I'M DONE AFTER THIS, BUT I JUST WANT YOU TO REMEMBER WHY AND THEN ALSO REMEMBER NOT THE CITY LIMITS WHENEVER WE DO VOTE. >> I'LL SAY THIS. IT IS A LITTLE FAR FETCHED FOR US BUT OF COURSE, IT'S A DEVELOPMENT PLAT, AND THEY ALWAYS TELL YOU WHEN YOU DO A DEVELOPMENT PLAT, PUT EVERYTHING ON THERE THAT YOU'RE GOING TO DO FOR THE NEXT FIVE YEARS AND WHO KNOWS WHAT'S GOING TO HAPPEN IN 30 YEARS? OF COURSE MY SON GOT CARRIED AWAY. >> HOW CAN WE MAKE THIS WORK? I KNOW WHAT HE'S TALKING ABOUT AS FAR AS THE HOUSES ARE CONCERNED IN 30, 40, 50 YEARS. I DON'T EVEN KNOW WHERE I'LL BE IN THE NEXT FIVE YEARS. COULD WE UNDERSTAND THAT WE GOT A LITTLE BIT OVERZEALOUS WITH THE AMOUNT OF HOUSES AND LET HIM DO SOMETHING DIFFERENT TO GET ONE OR TWO OR WHATEVER IT IS. BUT THEN LIKE HE'S SAYING, DON'T BACK HIM INTO A CORNER, WHERE IF IT'S 15 YEARS FROM NOW AND HIS DAUGHTER AND HER HUSBAND HAVE CREATED A LEGACY OF A PLACE WHERE PEOPLE CAN COME AND NOW THEY DO HAVE 10 HOUSES OR WHATEVER. I KNOW WHAT WE'RE DOING. HEAR ME OUT. HOLD ON A SECOND. BEAR WITH ME HERE. I KNOW WHAT WE'RE DOING, BUT THIS IS NOT A SUBDIVISION. IT'S NOT SO HOW CAN WE HELP THE PERSON NOT PUT IT INTO A SUBDIVISION? >> COUNCIL MEMBER, BILL, I UNDERSTAND YOUR HEART AND IT'S PULLING AT YOUR HEART STRINGS, BUT AS CITY STAFF, WE HAVE TO BE CAUTIOUS ABOUT THE TYPES OF THINGS BECAUSE YOU'RE TALKING ABOUT EIGHT DIFFERENT HOMES WHERE PEOPLE ARE GOING TO BE LIVING WITH NO ACCESS FOR PUBLIC SAFETY TO COME. IF THERE'S A FIRE, HOW IS THE DRIVEWAY THAT'S GOING TO BE EXTENDED FROM HIS PROPERTY TO THIS PROPERTY, OUR FIRE ENGINES CANNOT ACCESS THAT PROPERTY. IT'S A LIFE SAFETY ISSUE. I KNOW CHIEF IS HERE AND HE COULD SPEAK MORE TO THAT IF YOU'D LIKE FOR HIM TO. BUT THAT IS THE MAIN CONCERN IS [01:15:03] THE LIFE SAFETY OF THE PEOPLE WHO ARE STAYING ON THIS PROPERTY. >> IF I GO AND I HAVE 15 ACRES OF LAND, AND I WANT TO PUT A DRIVEWAY DOWN, AND THEN I WANT TO PUT ONE HOUSE FOR EVERY 1.5 ACRES. YOU'RE TELLING ME THAT TURNS INTO A SUBDIVISION? >> I'M NOT SAYING IT TURNS INTO A SUBDIVISION, I'M SAYING THIS IS A LIFE SAFETY MATTER. >> BUT COULD YOU STOP ME, THOUGH, IS WHAT I'M SAYING? BECAUSE WE'RE ABOUT TO TALK ABOUT A DEVELOPMENT, AND THERE'S GOING TO PEOPLE COME UP HERE AND THEY'RE GOING TO COMPLAIN ABOUT WE DON'T HAVE ENOUGH BIG LOTS. TO ME, I LOOK AT THIS, AND I JUST SEE THIS IS A BUNCH OF HOUSES ON LARGER LOTS. >> ON ONE LOT THAT DOES NOT HAVE ANY FRONTAGE ON A PUBLIC ROAD. THIS IS NOT A [OVERLAPPING] >> HOW COULD HE TURN IT INTO MULTIPLE LOTS? >> THIS IS THE APPROPRIATE PATH TO ADDRESS THAT THAT IS WHY THIS IS BEFORE THE COUNCIL. STAFF IS NOT ABLE TO APPROVE THAT BECAUSE WE HAVE THESE ORDINANCES IN PLACE SO THIS IS THE APPROPRIATE PROCESS THAT MR. SUDERKIN IS GOING THROUGH THE COUNCIL IS IN THAT POSITION TO MAKE THAT DECISION. >> JUST BECAUSE THERE'S A LOT OF VOICES SPEAKING. I'LL HOPEFULLY CLOSE THIS OUT FOR STAFF. WE FLAGGED THIS BECAUSE IT'S A PUBLIC SAFETY CONCERN AND LIKE MR. PETERS SAID, THIS IS THE RIGHT AVENUE. IT'S A PUBLIC SAFETY CONCERN THE P&Z VOTED IT DOWN. YOU CAN OVERTURN IT, BUT YOU JUST NEEDED TO HEAR FROM STAFF ON WHY THIS IS A CONCERN FOR US BECAUSE OF THE AMOUNT OF BUILDINGS THAT YOU'RE PUTTING ON THIS PROPERTY AND THE LIMITED PUBLIC SAFETY ACCESS. WE WOULD JUST BE NEGLIGENT IF WE DIDN'T BRING IT TO YOUR ATTENTION WITH THESE CONCERNS. BUT ABSOLUTELY, THIS IS YOUR CALL, YOU CAN OVERTURN IT, BUT YOU JUST NEEDED TO HEAR FROM US WHAT THE MAIN ISSUES WERE. THANK YOU. >> HI. THANK YOU ALL. I APPRECIATE IT. YOU'LL KEEP US FROM DRIVING THIS THING INTO THE DIRT PER SE OR THE BERM. YES, SIR, GO AHEAD. >> DIRECTLY SOUTH OF OUR PROPERTY OPEN AREA SOUTH OF THAT WE'VE JUST A MINOR PLAT. THE DEDICATED RIGHT OF AWAY. UNFORTUNATELY, THEIR DEDICATED RIGHT OF AWAY DID NOT GO ALL THE WAY OUT TO 48. THEY'VE GOT AN EXIT THAT'S 20 FEET WIDE [INAUDIBLE] DRIVE A HIRE TRUCK DOWN THERE. YOU CAN DRIVE A CEMENT TRUCK DOWN THERE. THEY CANNOT DRIVE A CEMENT TRUCK DOWN THERE. PEOPLE DRIVE HIT TO THE BROAD. WHAT WE HAVE MATTER OF FACT, I THINK OUR ROAD IS BETTER THAN THE COUNTY ROAD. IF YOU GO UP TO DRIVE THAT COUNTY ROAD YOU'RE LIKE THIS. BUT I UNDERSTAND THE SAFETY MEASURE. BUT THEN AGAIN, YOU ALSO GOT TO UNDERSTAND COUNTRY CLUBS. THE CEMETERY IS THERE AND IF YOU LOOK, THERE'S THE BOTTOM LINE DOWN BOTTOM BLUE CORNER. THERE'S A ROAD THAT GOES OUT. ALL THOSE ROADS HAVE ACCESS TO THE PROPERTY. DOWN THERE, WE HAVE A GATE THAT YOU CAN ACTUALLY HAVE ACCESS. WHEN YOU LIVE IN A COUNTY, IT DOESN'T MATTER WHERE YOU LIVE. BUT IF I OWN 30 ACRES AND ON THE NORTH END OF THAT 30 ACRES, THEY PUT A SUBDIVISION AND IF THE FIRE DEPARTMENT COMES TO ME AND SAYS, HEY, CAN I CRUSH YOUR PROPERTY INTO THE BACK OF THAT HOUSE? I'M GOING TO SAY, YEAH AS LONG AS YOU DON'T GET STUCK IN THE MUD. >> THAT'S [INAUDIBLE] >> THANK YOU. [INAUDIBLE] I GOT A BIG FINGERS. RIGHT DOWN THERE, WE'VE JUST GOT DONE PUTTING A NEW GATE AND EVERYTHING FOR THAT REASON AND FOR THE RED DOT. BUT COUNTRY FOLKS THEY'RE ACCOMMODATING ESPECIALLY WHEN THERE'S AN EMERGENCY. AS FAR AS ACCESS, I DON'T HAVE LEGAL ACCESS. BUT BACK TO ALLEY THE CEMETERY IS NOT GOING TO STOP US TO PUT THE FIRE TRUCK DOWN THROUGH THERE TO SAVE THE HOUSE OR WHATEVER. BUT YES, I KNOW WHERE THE CITY COMES FROM AND I KNOW THE LIABILITY PART AND ALL THAT. I WORK FOR THE CITY ALL THE TIME, SO I UNDERSTAND ALL THAT. THIS IS OUR SHOP IN THE DARK. >> THANK YOU, SIR. COUPLE OF QUESTIONS. FIRE CHIEF, DO YOU MIND COMING DOWN FOR A SECOND? IT'LL FOLLOW UP WITH THE QUESTION FOR THE ENGINEER AS WELL. [01:20:07] TO SET THE TABLE, CAN YOU GUYS EXPLAIN TO ME HOW FAR WE ARE BETWEEN BEING IN COMPLIANCE TO WHERE THIS IS TODAY? HOW FAR IS THAT GAP? >> I WOULD HAVE TO CONSULT WITH STEPHANIE. I'M NOT EXACTLY SURE OF THIS PROJECT. WHEN IT WAS COVERED IN DRC, I MAY NOT HAVE BEEN IN THAT MEETING. >> FIRE CHIEF ISN'T ALWAYS IN THESE MEETINGS. HE IS A FIRE CAPTAIN, SO HE MAY NOT BE ABLE TO ANSWER THESE QUESTIONS. >> IS THIS A QUESTION FOR ENGINEERING THEN? >> UNFORTUNATELY, WE MAY NOT HAVE THE RIGHT STAFF MEMBER AT THIS MEETING TO ANSWER THIS QUESTION SO WE'LL HAVE TO ADDRESS THAT AT A FUTURE MEETING. >> GRAVEL DOESN'T MEET OUR STANDARDS. AS THE AUTHORITY HAVING JURISDICTION, I DON'T HAVE THE STATUTORY AUTHORITY TO GRANT VARIANCES OR EXCEPTIONS TO OUR ACCESS REQUIREMENTS. >> CAN YOU MAYBE EXPLAIN TO EVERYBODY THE PROBLEMS THAT CAUSES AND WHY THE GRAVEL ROAD IS A HURDLE? >> FIRE APPARATUS IS SOME OF THE MOST HEAVY VEHICLES THAT YOU CAN UTILIZE ON ROADWAYS. OUR STANDARD, I BELIEVE, IS 90,000 POUNDS. OBVIOUSLY, WHEN GRAVEL ROADS GET WET, IT'S NOT THE SAME AS MUD OR DIRT ROAD, BUT GRAVEL IS MUCH OF AN IMPROVEMENT FOR US. YOU ALSO HAVE TO DEAL WITH TURNING RADIUSES. THERE'S A LAUNDRY LIST OF THINGS, BUT IT JUST FALLS DOWN TO BASIC FIRE PROTECTION, FIRE SUPPRESSION ACCESS TO ANY SITE. >> PERFECT. THANK YOU FOR CLARIFYING THAT. A QUESTION FOR THE CITY STAFF, WHAT ABILITY DO WE HAVE TO PUT A CAP ON FUTURE DEVELOPMENT ON THIS LAND AND WHAT ARE THE PROS AND CONS OF DOING THAT? HAVE WE LOOKED AT THAT? >> NO. >> THEN ONE FINAL QUESTION FOR THE ATTORNEY. IS THERE ANYTHING THAT WE CAN DO TO ABSOLVE THE CITY FROM LIABILITY IN THE EVENT THAT WE APPROVE THIS AND GOD FORBID, SOMETHING HAPPENS? >> I THINK THAT THERE WOULD BE MERIT IN DISCUSSING THAT IN CLOSED SESSION. THAT WOULD BE MY RECOMMENDATION. >> THANK YOU. >> MR. SUDERKIN, CAN YOU TELL ME HOW BIG THESE HOUSES ARE YOU'RE TALKING ABOUT? >> THE MAIN HOUSE FOR MY SON. >> I'M NOT WORRIED ABOUT THE MAIN HOUSE, JUST THE OUTLIERS. >> 1,200 SQUARE FEET. >> NOT A MASTER PLAN DEVELOPMENT, JUST WANTED TO MAKE SURE OF THAT. COUNCIL, ANYTHING ELSE? >> COULD HE GO DOWN ON THE NUMBER OF HOUSES? IF WE WENT DOWN AND IT WAS LIKE 30? >> NO, IT'S NOT GOING TO MAKE THEM A DIFFERENCE. >> IT WON'T MATTER. >> IT'S A GRAVEL ROAD. >> SOMEBODY SAID IT WAS A NUMBER OF HOUSES. >> WE CANNOT DICTATE THE NUMBER OF DWELLING UNITS IN THE EPJ? >> NO. YOU'RE ALWAYS SO LITERAL. I KNOW THAT. I'M SAYING IF HE GOES BACK AND HE COMES BACK AND THERE'S LIKE TWO OR THREE HOUSES AND HE GOES BACK THROUGH PLANNING AND ZONING AND IT'S JUST THREE RANDOM HOUSES OUT IN THE ETJ. DRIVE OUT THERE ANYWHERE YOU WANT TO RIGHT NOW. THERE'S A COUPLE OF MOBILE HOMES AND STUFF JUST HANGING OUT. IF HE DID THAT AND HE WENT DOWN AND IT WAS JUST THREE HOUSES, WOULD IT THEN NOT HAVE TO CONFORM TO SUBDIVISION? THAT'S WHERE IT'S GETTING SUBDIVISIONS. HYPOTHETICAL >> THAT WOULD CHANGE THE FOUR REGULATIONS THAT IT'S IN VIOLATION OF. >> IT WOULD CHANGE? >> THAT WOULD NOT. >> I THINK WE NEED TO ASK HIM QUESTIONS AND CLOSE REALLY TO GET PAST THIS POINT. >> YES. >> WOULD YOU LIKE TO MAKE A MOTION? >> I MAKE A MOTION THAT WE GO INTO CLOSED SESSION. [7. Closed Session (Exceptions). (Part 2 of 3)] >> ALL THOSE IN FAVOR, PLEASE CAST YOUR VOTES. [01:25:05] MOTION PASSES UNANIMOUSLY. WE'RE IN CLOSED SESSION AT 7:47 PM. REGARDING ITEM 6B, [6. Items For Individual Consideration and Public Hearings. (Part 2 of 2)] WE ARE GOING TO POSTPONE ANY ACTION ON THAT UNTIL OUR NEXT REGULARLY SCHEDULED MEETING TO GIVE STAFF TIME TO ANSWER A FEW OF OUR QUESTIONS AND GET SOME MORE POINTS IRONED OUT. DOES THAT SOUND ABOUT RIGHT? >> I'LL SECOND THAT. >> THAT SOUNDS LIKE A MOTION, I SECOND IT. >> I SO MOVE. SECONDED. PLEASE CAST YOUR VOTES. [BACKGROUND] THAT PASSES UNANIMOUSLY, 7-0. TAKES US TO ITEM F-C. CONSIDER DISCUSSING ACT ON A RESOLUTION APPROVING A DEVELOPMENT AGREEMENT WITH OPP OAKRIDGE. ACTUALLY, MR. HENDERSON, WE HAD SOME NEIGHBORS THAT WERE WANTING TO SPEAK ON ITEM 6C, AND IT'S NOT A PUBLIC HEARING, SO WHAT I'M GOING TO DO IS JUST OPEN UP NEIGHBORS COMMENTS AGAIN SO THAT YOU GUYS CAN COME UP AND TALK, IF THAT'S ALL RIGHT WITH YOU GUYS. >> MAYOR, IF I MAY, BEFORE YOU CALL THE FIRST SPEAKER, I DO, AS YOU MENTIONED, JUST WANT TO REITERATE THAT THIS IS NOT A PUBLIC HEARING. IT'S NOT A ZONING ITEM. THIS ITEM BEFORE THE COUNCIL IS TO CONSIDER APPROVING A DEVELOPMENT AGREEMENT THAT WOULD ANNEX OAKRIDGE, THIS DEVELOPMENT, INTO CITY LIMITS. IT'S NOT A ZONING ITEM. IT'S NOT A PUBLIC HEARING. WHEN MR. PARKER GIVES HIS STAFF REPORT, THEY'LL TALK ABOUT THE PROJECT, THE HISTORY OF THE PROJECT, THE HISTORY OF THE NEGOTIATIONS, BUT HE'LL TOUCH ON MAINLY THE KEY POINTS OF THE INCENTIVE OF NOT HAVING THEM CREATE A MUD AND BRINGING THEM INTO THE CITY LIMITS. I JUST WANTED TO EMPHASIZE THAT BEFORE YOU CALL YOUR FIRST SPEAKER UP. >> THANK YOU, MR. HENDERSON. I DO HAVE THREE CARDS. FIRST UP WILL BE TERRELL CULBERTSON. >> GOOD EVENING, MAYOR CAIN, MEMBERS OF THE COUNCIL. MY NAME IS TERRELL CULBERTSON. I LIVE AT 10429 COUNTY ROAD 289, ANNA, TEXAS. THE OAKRIDGE DEVELOPMENT FIRST CAME TO MY ATTENTION ON THE APRIL 7THG PLANNING AND ZONING COMMISSION MEETING, WHERE THERE WAS AN ITEM THAT WAS PROVIDE FEEDBACK ON THE CONCEPT PLAN FOR THE OAKRIDGE DEVELOPMENT. THERE WAS NO CONCEPT PLAN DOCUMENTS IN THAT AGENDA, SO WE REALLY WERE AT A DISADVANTAGE TO REVIEW AND OFFER ANY COMMENTS, OPINIONS ON IT. SUBSEQUENT TO THE MEETING, I WAS ABLE TO OBTAIN A LINK FROM MS. SCOTT-SIMS WHERE I COULD LOOK AT THAT CONCEPT PLAN, AND MR. FRENCH VISITED OUR NEIGHBORHOOD A FEW DAYS AFTER THAT AND WAS KIND ENOUGH TO BRING A PAPER COPY OF THAT. WHEN I REVIEWED THAT CONCEPT PLAN, AND I UNDERSTAND IT'S THE CONCEPT PLAN. WHEN I REVIEWED THAT, I FOUND THAT THERE WERE THREE AREAS THAT I HAD CONCERN ABOUT. THE FIRST ONE IS THAT IN THAT CONCEPT PLAN, THERE IS A CONSIDERABLE AREA THAT IS LOCATED JUST TO THE NORTH EAST OF WHERE 455 CURVES FROM A WESTERLY DIRECTION TO A NORTHERLY DIRECTION. THAT IS NOT IN THE COMPREHENSIVE LAND USE PLAN, AND I UNDERSTAND THAT'S A PLAN. I UNDERSTAND THAT, BUT IT'S NOT IN THAT PLAN, IN THAT LOCATION. ALL OF THAT COMMERCIAL DEVELOPMENT IS SOUTH OF 455. THAT WAS THE FIRST AREA OF CONCERN. THE SECOND ONE WAS THAT THE AREA THAT IS JUST TO THE NORTHEAST OF THAT, THAT'S BORDERED BY COUNTY ROAD 288 ON THE NORTH, SHOWS TO BE ONE AND TWO STORY TOWN HOMES. AGAIN, THAT'S NOT IN THE COMPREHENSIVE LAND USE PLAN. THAT AREA IS SHOWN AS SUBURBAN LIVING WITH 6,000 SQUARE FOOT TO HALF ACRE LOTS. THE THIRD THING THAT I HAD CONCERN ABOUT WAS THAT ON THE OTHER SIDE OF 455, [01:30:02] THERE ARE SEVERAL AREAS THAT HAVE 40-FOOT LOTS. YOU REMEMBER MY ROPE TRICK IN HERE, 110-FOOT LOTS, WHICH IS 4,400 SQUARE FEET, SUBSTANTIALLY BELOW THE 6,000 SQUARE FEET SUBURBAN LIVING. I'M NOT OPPOSED TO THIS DEVELOPMENT. I'M NOT OPPOSED TO THIS PLAN. I WOULD ASK THAT IF YOU DO APPROVE THIS CONCEPT PLAN THIS EVENING, THAT YOU PUT SOME RESTRICTIONS ON IT TO BRING THIS CONCEPT PLAN BACK INTO AGREEMENT AND COMPLIANCE WITH THE 2050 MASTER LAND USE PLAN THAT YOU ALL PAID A LOT OF MONEY FOR, YOU SPENT A LOT OF TIME AND EFFORT ON. PLANNING AND ZONING SPENT A LOT OF TIME AND EFFORT ON, MANY OF MY NEIGHBORS AND FRIENDS SPENT A LOT OF TIME AND EFFORT ON AND OTHER FOLKS IN ANNA. HERE WE HAVE THE VERY FIRST DEVELOPMENT AFTER THAT PLAN WAS ADOPTED BY THIS COUNCIL, ASK FOR EXCEPTIONS TO THAT PLAN. AGAIN, MY REQUEST TO YOU IS THAT IF YOU DO APPROVE IT, THAT YOU PUT THOSE CONDITIONS ON IT TO BRING IT BACK INTO COMPLIANCE. >> THANK YOU MUCH. >> THANK YOU. NEXT UP, SEAN SMITH. [BACKGROUND] IT'S OKAY. THANK YOU. THEN BETTY SHARP. >> BETTY SHARP 10282 COUNTY ROAD 288, ANNA, TEXAS. I'M LAUGHING BECAUSE CHANGE IS THE ONLY CONSTANT, [LAUGHTER] AND WHERE WE DISAGREE IS HOW THAT CHANGE MAY COME ABOUT. NOW, I HAVE TO CHANGE SOMETHING RIGHT NOW, AND THAT'S THAT MR. FRENCH TOLD ME ABOUT A HALF AN HOUR AGO, THAT THE TRINITY PAINTED TREE TRI POINTE HOMES BUILDING STANDARDS THAT I WAS SO CONCERNED ABOUT, THAT I EMAILED YOU ABOUT AREN'T REALLY THE BUILDING STANDARDS HE'S GOING TO HAVE IN THIS DEVELOPMENT. GOSH, I'M HAPPY TO HEAR THAT. I LEAVE THIS TO THE EXPERTISE OF OUR STAFF BECAUSE THAT PAINTED TREE DEVELOPMENT IS NOT ANYWHERE NEAR THE STANDARDS THAT ANNA HAS IN PLACES LIKE WEST POINT CROSSING, OR I SAY EVEN ARDEN PARK BECAUSE I TOOK THE TIME TO RIDE INSIDE IT AND REALIZED IT LOOKED BETTER ON THE INSIDE THAN FROM THE OUTSIDE. THAT'S THE FIRST THING. AS MR. CULBERTSON POINTED OUT, WE'VE BEEN UNDER THE ONUS OF NOT HAVING THE CONCEPT PLANS FROM THE BEGINNING. I WAS EXCITED WHEN MR. FRENCH VISITED WITH US, AND I THINK HE WAS VERY SINCERE IN HIS INTEREST IN SPIRIT SONG, AND IF WE COULD FIND A DEVELOPER FOR EQUESTRIAN, TRI POINTE HOMES MIGHT CONSIDER THAT. WELL, I'M 78. I'VE HAD 25 BUSINESS DAYS AFTER MY PERSONAL TIME, SO I CAN'T WORK MAGIC, BUT I'M NOT GOING TO GIVE UP ON THAT. WHAT I ASK IS, I REINFORCE ALL OF MR. CULBERTSON'S POINTS. I ASK THAT SLOWING DOWN A BIT ON THIS, PUTTING RESTRICTIONS COULD HAVE VERY GOOD CONSEQUENCES. SOMETIMES CHANGE HAPPENS BEST WHEN IT'S A BIT SLOWER. THINK ABOUT THAT. WHEN YOU CONSIDER THIS PLAN AND LISTEN TO MR. FRENCH, REMEMBER THIS. A YEAR AGO, TWO DOZEN OF US SPOKE AGAINST POWELL CORNERS MORPHIC DOWN ON HIGHWAY 5, DIDN'T WANT MORE APARTMENTS THERE, WANTED A BOTANICAL GARDEN, WALKING TRAILS, ETC. EVERYBODY TOLD US NO, MORPHIC WILL WIN, AND YOU'RE GOING TO GET THOSE APARTMENTS. INSTEAD, WE HAVE A POLICE STATION SITE, AND A CHANCE TO PRESERVE HERITAGE THERE, SOME TREES, MAY BE WALKING TRAILS. I PUT THIS TO YOU. REALLY CONSIDER THIS RESOLUTION. [01:35:03] I KNOW I SENT YOU VERY LENGTHY EMAILS, AND AS I HAVE POINTED OUT, NEITHER OPP NOR THP IS GOING TO SUFFER FINANCIALLY. IF YOU DECIDE TO HAVE A CLOSED SESSION OR WORK SESSION OR SLOW THIS DOWN UNTIL THE NEXT MEETING. BECAUSE THOSE OF US REALLY HAVEN'T HAD A CHANCE TO CONSIDER THESE STANDARDS. THERE'S A LOT OF WORK THERE. I WENT THROUGH EVERY SINGLE PAGE OF IT. I CAN'T UNDERSTAND A LOT OF THE ENGINEERING, BUT I'M WILLING TO LISTEN TO MR. FRENCH, I ASK THAT YOU DO THE SAME AND THAT YOU REMEMBER, COMPREHENSIVE PLAN IS A PLAN, YES, BUT THIS IS THE FUTURE OF ANNA. THIS IS THE FUTURE OF THE ENTIRE WEST SIDE OF ANNA, AND WE HAVE A LITTLE WINDOW IN HERE FOR MAYBE LARGE LOTS, AND YES, I'M GOING TO COMPLAIN ABOUT THEM UNTIL I DIE. I WANT LARGE LOTS IN ACREAGE ON THE WEST SIDE OF ANNA. I THANK MR. FRENCH FOR HIS CONSIDERATION. I'D LIKE TO HEAR WHAT HE HAS TO SAY, AND I SURE HOPE WE'RE GOING TO HAVE NOTHING LIKE THE PAINTED TREE DEVELOPMENT. THANK YOU SO MUCH. >> THANK YOU, MA'AM. AT THAT, I WILL CLOSE NEIGHBOR COMMENTS, GET BACK INTO AGENDA ITEM 6C. MR. BERNIE PARKER. >> GOOD EVENING, MAYOR. GOOD EVENING, COUNCIL. CONSIDERATION BEFORE YOU TONIGHT, I MENTIONED PREVIOUSLY DEVELOPER AGREEMENT FOR OAKRIDGE. BEFORE I GET TOO MUCH INTO THE PARTICULARS OF THE DEVELOPER AGREEMENT, I WANT TO GIVE YOU A LITTLE BIT OF HISTORY ON OAKRIDGE DEVELOPMENT, WHICH IS ON THE WEST SIDE OF OUR CITY AND OUR ETJ 1-75. THIS PROJECT REALLY DOES PREDATE A LOT OF OUR STAFF MEMBERS AS WELL AS IT PREDATES THE COUNCIL. BUT AS FAR AS FROM A HISTORICAL PERSPECTIVE, TALKING AMONG STAFF AND ALSO THE INTENTION OF PREVIOUS COUNCIL WAS ALWAYS TO HAVE THIS DEVELOPMENT ON THE WEST SIDE OF OUR COMMUNITY THAT WOULD LOOK YIELDED. IT'S A 808 ACRE DEVELOPMENT, AND AS I GO FORWARD WITHIN THIS, I WILL TELL YOU HOW MANY ACRES IT IS, HOW MANY LOTS, AND SO FORTH. BUT AS I MENTIONED, THIS DATES BACK ABOUT 2014, 2015, YOU HAD MULTIPLE DIFFERENT DEVELOPERS TRY TO MAKE THIS PROJECT WORK AND TRY TO BRING IT TO FRUITION, AND FOR WHATEVER REASONS, FACED CHALLENGES THAT THEY WERE UNABLE TO MAKE THAT HAPPEN. A COUPLE OF YEARS AGO, I KNOW OLD PROSPECT PARTNERS HAD ACQUIRED THIS PROJECT AND STARTS PRELIMINARY DISCUSSIONS WITH STAFF TO DISCOVER HOW CAN THEY BRING THIS INTO THE CITY? I DO KNOW THERE WAS A COUPLE OF DISCUSSIONS OF CREATING MUD AS FAR AS GOING THAT ROUTE, BUT AFTER DUE DILIGENCE AND WORKING WITH OUR FINANCIAL ADVISORS, AS WELL AS OUR BOND COUNSEL, OUR CITY ATTORNEY, CITY STAFF, AS WELL AS DEVELOPERS FROM OLD PROSPER PARTNER, WE WERE ABLE TO CONSTRUCT THE DEVELOPMENT AGREEMENT YOU HAVE BEFORE YOU THIS EVENING. AS I MENTIONED, THIS PROJECT IS ON THE WEST SIDE OF OUR COMMUNITY. IT'S ALONG 455. IT'S REALLY NORTHWEST OF CRYSTAL PARK SUBDIVISION THAT'S CURRENTLY UNDER CONSTRUCTION OF BLOOMFIELD HOMES, AND IT IS REALLY SOUTHEAST OF A DEVELOPMENT THAT WE HAVE IN OUR COMMUNITY CALLED EAST FORK ESTATES. PART OF THIS DEVELOPMENT AGREEMENT, AS I'LL OUTLINE, IT IS AN 808 ACRE MASTER PLAN MIXED USE DEVELOPMENT THAT WILL BE ANNEXED WITHIN THE CITY OF ANNA AFTER THE 90 DAYS IF THIS DEVELOPMENT AGREEMENT IS ADOPTED. SOME OF THE POINTS I WANT TO MENTION AS FAR AS THE HIGH POINTS OF THIS, IS THAT THERE'S OVER 3,000 SINGLE FAMILY UNITS THAT WILL BE CONSTRUCTED. BASED ON OUR PID POLICY, THAT WILL GENERATE CLOSE TO $10.2 MILLION IN PID FEES OR PID FUNDS. AS WELL AS PART OF THE DEVELOPER AGREEMENT, YOU WILL HAVE THE DEVELOPER CONSTRUCT THE PUBLIC INFRASTRUCTURE, INSTALL REQUIRED NEEDS OF THIS DEVELOPMENT IN FORMS OF STREETS, LIGHTING, DRAINAGE, PARKS, TRAILS, SIGNAGE, ALL IN ACCORDANCE WITH THE REGULATIONS THAT THE CITY HAS ALONG WITH THE APPROVAL OF OUR CITY ENGINEER. AS I MENTIONED, THERE WILL BE WASTEWATER COMPONENTS, WATER IMPROVEMENTS, COMMUNITY AMENITIES IS DEFINITELY HIGHLIGHTED WITHIN THIS DEVELOPMENT AGREEMENT, WHERE THEY'RE GOING TO CONSTRUCT TWO AMENITIES CENTERS, ONE WITH THE REQUIREMENT THAT ONE HAS TO BE COMPLETED. THE FIRST ONE HAS TO BE COMPLETED BY THE 250 SINGLE FAMILY PERMIT THAT'S ISSUED. [01:40:05] WELL, YOU'LL HAVE PARKLAND TRAILS PUBLIC SITE DEDICATION. THERE IS A COMPONENT IN THIS THAT YOU WILL HAVE DEDICATED FOR MUNICIPAL USE IN THE FUTURE, AS WELL AS WORKING WITH THE SCHOOL DISTRICT TO IDENTIFY A SITE PER THEIR DISTRICT'S SPECIFICATION. THIS IS A MULTIPLE-PHASE PROJECT, EACH REQUIRING PLIGHT APPROVAL PER CITY REQUIREMENTS AS THEY PROGRESS. AS I MENTIONED BEFORE, THERE IS A PID ASSOCIATED WITH THAT, THE HOME WITH A TIRZ THAT'S OUTLINED WITHIN THIS DEVELOPMENT AGREEMENT, AND THEY WILL HAVE ANNEXED PETITION TO US WITHIN 90 DAYS IF THIS IS APPROVED. AS WELL AS THEY HAVE IT WITHIN THE DEVELOPER'S AGREEMENT THAT THEY ARE DEALING WITH THE RENTAL RESTRICTIONS. AS IN OUR OTHER RENTAL AGREEMENTS THAT WE'VE HAD PREVIOUSLY BEFORE THIS COUNCIL, THE DEVELOPER HAS AGREED TO PROHIBIT FROM SELLING MORE THAN 5% OF THE TAX LOTS TO INSTITUTIONAL INVESTORS. AS MENTIONED, THE HOME-BUILDER, MR. BRUCE FRENCH IS HERE, AND WITH THAT, I'D BE HAPPY TO ANSWER ANY QUESTIONS THAT YOU MAY HAVE. >> I HAVE A QUESTION. WHAT ACTUALLY CONSTITUTES AN INSTITUTIONAL INVESTOR? >> INSTITUTIONAL INVESTOR WOULD BE A CORPORATE COMPANY THAT WOULD SEE THAT THEY'RE GOING TO BUY MULTIPLE DIFFERENT HOUSES, AND THAT THEY'LL UTILIZE THEM AS A SINGLE FAMILY OR FOR RENT. >> WHAT IF IT'S AN INDIVIDUAL? >> I'M SORRY? >> WHAT IF IT'S AN INDIVIDUAL? >> I THINK THE POSITION THAT THIS COUNCIL HAS TAKEN IF THE INDIVIDUAL WOULD LIKE TO BUY A LOT AS LONG AS THEY'RE NOT EXCEEDING THAT 5% THRESHOLD, AND THEREFORE, I GUESS YOU WOULD GO FROM AN INDIVIDUAL TO MORE OF A CORPORATE COMPONENT OF IT. BUT IF YOU GO IN AND BUY ONE AND DECIDED YOU WANT TO RENT IT OUT NEXT WEEK, THEN I THINK THAT'S SOMETHING THAT COUNCIL WOULD NOT OBJECT. >> WHAT IF I BOUGHT FIVE? >> FIVE PERCENT OF THE OVERALL. THINK ABOUT 5% OF THE 3,000 UNITS THAT [INAUDIBLE] >> WITH THAT, I PROBABLY WOULD PREFER TO PARK. I WOULD IN THAT REGARD. BUT AS FAR AS THERE IS A THRESHOLD OF 5% AS FAR AS ENTITY AGENCY COMING IN AND DOING THAT. >> BECAUSE YOU COULD HAVE INDIVIDUALS COME IN AND WANT TO BUY MAYBE 10 PROPERTIES OR 15 PROPERTIES. >> THE THRESHOLD IS CORRECT, BUT INSTITUTIONAL INVESTOR INCLUDES ENTITIES AND PEOPLE. >> THANK YOU. >> I GO TO YOU. I'VE GOT A QUESTION FOR YOU. THAT'S FOUR CORNERS OF COMMERCIAL. CAN YOU GIVE ME A ROUGH ESTIMATE ON WHERE THE CLOSEST COMMERCIAL LOCATION IS NEAR THAT? >> YOUR CLOSEST COMMERCIAL WOULD BE IN THE GENERAL AREA WHERE YOU HAVE QT. ARE YOU TALKING ABOUT EXISTING RIGHT NOW, COMMISSIONER? >> YEAH. ESSENTIALLY WHAT I'M TRYING TO ALLUDE TO IS THAT THE FOUR CORNERS AND A COMMERCIAL LOCATION THERE PROVIDES A GREATER GOOD FOR PEOPLE BECAUSE IT GIVES ACCESS TO WHERE THEY WOULD HAVE TO DRIVE A LITTLE BIT FURTHER. IT BRINGS SOME OF THOSE AMENITIES CLOSER TO HOME. >> CURRENTLY TO NOW IS FROM A POSITION YOU SEE A LOT OF NEIGHBORHOOD SERVICES IN THAT GENERAL AREA, AS YOU MENTIONED, THAT WOULD SERVE THE FUTURE NEIGHBORS OF ANNA IN THAT REGARD. YOU'RE RIGHT. THE CLOSEST COMMERCIAL COMPONENT OTHER THAN GOING WEST TO THE EAST IN THE CITY OF ANNA, WHICH WE WANT TO KEEP ALL OF OUR SALES TAX DOLLARS HERE WOULD BE AT THE INTERSECTION 455 AND 75. >> PERFECT. THANK YOU FOR CLARIFYING THAT. THEN ALSO, IF I MAY, CAN I GET THE DEVELOPER UP HERE TO ANSWER A QUICK QUESTION? THANK YOU. >> MAYOR, COUNCILMAN, MY NAME IS BRUCE FRENCH, VICE PRESIDENT LAND FOR TRI POINT HOME STYLES WORTH, 6120 WEST PLANO PARKIN. WE HAVE THE PROPERTY UNDER CONTRACT FROM OAKRIDGE SUBJECT TO THE DEVELOPMENT AGREEMENT IN PLACE. >> PERFECT. WELL, THANK YOU FOR BEING HERE, AND THANK YOU FOR LAYING OUT THAT CONTEXT. THERE WAS SOME COMMENTS MADE HERE THAT THE DEVELOPMENT THAT YOU WERE LOOKING TO MAKE OR IS EITHER SIMILAR OR NOT SIMILAR TO PAINTED TREE. CAN YOU HELP MAYBE PROVIDE SOME CONTEXT AS THE LEVEL OF QUALITY THAT YOU'RE GOING TO BRING INTO THE DEVELOPMENT. >> SURE. WE'RE CURRENTLY BUILDING IN 14 COMMUNITIES THROUGHOUT DALLAS FORT WORTH. WE CLOSED 600 HOMES LAST YEAR, AND PLAN TO GROW UP TO APPROXIMATELY 1,000 CLOSING TO YEAR AT THE SCALE. WE'RE A PUBLICLY TRADED COMPANY BASED IN IRVINE, CALIFORNIA ON THE NEW YORK STOCK EXCHANGE. WHEN I MET WITH THE ADJACENT NEIGHBORS, [01:45:02] I HAD TO EXPLAIN TO THEM SOME OF THE OTHER NEIGHBORHOODS THAT WE'RE BUILDING IN. MISS SHARP WENT AND ACTUALLY TO ONE OF OUR SUBDIVISIONS OF MCKINNEY PAINTED TREE. WE DIDN'T DEVELOP THAT, IT WAS MORE OF AN URBAN DEVELOPMENT. WE'RE ONE OF 3 OR 4 BUILDERS IN THAT COMMUNITY. MAYBE I DIDN'T EXPLAIN IT WELL ENOUGH TO HER, BUT WE DID NOT DEVELOP THAT ONE. WE ARE DEVELOPING ABOUT 65% OF OUR DEVELOPMENTS IN OUR PROJECTS. THIS ONE, WE PLAN TO BRING IN PROBABLY TWO, MAYBE THREE OTHER BUILDERS, COMPLEMENTARY THE TRIPOIN HOMES AND IT'S VERY WELL THOUGHT OUT WITH TRAILS. THERE'S A LOT OF NATURAL COMPONENTS IN THIS DEVELOPMENT WITH TREES AND WATER FEATURES, TWO AMENITY CENTERS. THIS WILL BE A HIGHLY AMENITIZED COMMUNITY. ALSO, THERE'S A CORE SOIL CONSERVATION EXISTING LAKE ON THE PROPERTY, WHICH WE PLAN TO ENHANCE AND BUILD AROUND THAT TOO. >> DO YOU HAVE A PERCENTAGE FOR THE AMOUNT OF GREEN SPACE THAT YOU'RE OFFERING BECAUSE IT LOOKS LIKE IT'S QUITE A BIT. >> I DON'T RECALL. >> JUST A ROUGH ESTIMATE. IF IT'S OKAY IF YOU DON'T. I WAS JUST CURIOUS BECAUSE I THINK FOR A LOT OF PEOPLE, GREEN SPACE IS A REAL BIG TOUCH POINT AND THE FACT THAT YOU'VE PROVIDED SO MUCH GREEN SPACE, I WANTED TO GIVE YOU GUYS CREDIT THERE FOR THE PERCENTAGE. IN THE FUTURE, MAKE SURE YOU GUYS TOUCH ON THAT POINT BECAUSE IT'S A GOOD WIN FOR YOU GUYS. LET ME DIG INTO THAT A LITTLE BIT. WHAT IS YOUR AVERAGE SALES PRICE FOR THIS DEVELOPMENT THAT YOU'RE PUTTING UP? >> THAT WE'RE PROJECTING? >> YES. >> WITH THE ANALYSIS WE'VE RUN FOR THE PID AND THE TURS, AVERAGE SALES PRICE WILL BE BETWEEN UP TO 500-850,000. >> IF SOMEONE CAN, WHAT IS THE AVERAGE SALES PRICE AT ANNA TODAY? APPROXIMATELY 350-4, GIVE OR TAKE. OUR OVERALL GOAL AS CITY COUNCIL IS TO BRING IN QUALITY AND IS TO BRING IN A HIGHER LEVEL OF DEVELOPMENT. I BELIEVE THIS HELPS GET US CLOSER TO THERE. THAT WAS THE FRAMING OF THE QUESTIONS THAT I WAS LEADING TO THAT IF OUR ULTIMATE GOAL IS TO BRING IN THE HIGHER LEVEL PROPERTIES WITH THE LARGER LOTS, RIGHT THERE NEEDS TO BE A BIT OF A STEPPING STONE, AND I THINK THIS HELPS US GET THE RIGHT ONES. THANK YOU FOR CLARIFYING. >> TO COUNCILMAN SINGH'S POINT, I THINK THAT THE SALES HERE WOULD BE COMPARABLE FOR THE REST OF THE COUNCIL, AS YOU REMEMBER THE TELLS PROJECT, AND WHAT WE WERE TALKING ABOUT THAT. I THINK WE WOULD BE LOOKING AT COMPARABLE SALES AND SALE NUMBERS FOR THAT. TYPICAL OR STANDARD QUALITY HOMES TO WHAT WAS PROPOSED IN THE TELLS PROJECT JUST OFF THE TOP OF MY HEAD. >> COUNCIL, ANYTHING ELSE? >> YOU'RE STILL WORKING WITH THE SCHOOL DISTRICT, THERE IS A GUARANTEE THAT YOU WILL HAVE A SPOT FOR THE ISD. YOU'RE STILL WORKING ON A LOCATION? >> WE HAVE HAD ONE DISCUSSION WITH THE ISD. IT COULD POSSIBLY BE WHERE THE TOWN HALL COMPONENTS. >> BECAUSE WE TRY TO WORK TOGETHER IN THE PARTNERSHIP AND STUFF LIKE THAT. >> ONE MORE QUESTION. CAN YOU EXPLAIN TO US THE HISTORY OF THE CHANGES BECAUSE AT SOME POINT THERE WAS A MULTI FAMILY COMPONENT AND NOW THERE'S NOT. CAN YOU WALK US THROUGH THAT? >> WE'VE HAD THE PROPERTY UNDER CONTRACT FOR APPROXIMATELY 14 MONTHS, AND WE'VE GONE THROUGH A NUMBER OF GENERATIONS OF CONCEPT PLANS, ILLUSTRATED PLANS. WE HAVE CONDUCTED SOME MARKET STUDIES, AND WE'RE PRIMARILY A SINGLE FAMILY FOR SALE DETACHED BUILDER IN THE METROPOLITAN. ACROSS THE COUNTRY, WE DO BUILD SOME ATTACHED PRODUCT AND SOME OF THE HIGHER DENSITY URBAN AREAS IN CALIFORNIA, CAROLINAS. BUT FOR THIS PROJECT, SPECIFICALLY, WE'VE GOT A NUMBER OF MARKET STUDIES AND SO THERE WILL NOT BE A MULTI FAMILY. >> PERFECT. I REALLY APPRECIATE YOU REITERATING THAT BECAUSE THAT IS THE MAIN PAIN POINT IN THE CITY, AND IT'S ONE THING THAT WE REALLY GET A LOT OF FEEDBACK ON. I THINK THAT HELPS CLARIFY A LOT SO THANK YOU. >> MAYOR, IF EVERYBODY'S DONE, I'LL MAKE A MOTION. >> THANKS, COUNCILMAN. >> APPRECIATE YOU BEING HERE. WE'VE DONE A LOT WITH OPP RECENTLY AND WE TRYING TO BUILD A REALLY GOOD WORKING RELATIONSHIP. I CAN TELL YOU'VE WORKED WITH OUR PARKS DEPARTMENT. THAT TRAIL SYSTEM LOOKS QUITE COMPREHENSIVE, I SHOULD SAY. I'M GLAD TO HEAR YOU WORKING WITH OUR ISD. [01:50:02] I'M A LITTLE CONCERNED ABOUT THE 455 KALEN ROAD CONNECTION THERE. I'VE SEEN PEOPLE GO RIGHT OFF THAT AREA FLYING THROUGH THERE. I'M NOT A HUGE FAN OF THESE, BUT I'M I THINK A RUN A BELT, EXCUSE ME, MAYBE A LITTLE MORE APPROPRIATE THERE WITH THE WAY THAT ROAD OPERATES. JUST VISUALIZING THAT IN MY HEAD, THE WHOLE PURPOSE OF THOSE IS TO SLOW THE TRAFFIC DOWN AND BEEF UP THE OPPORTUNITIES THAT ARE AROUND THAT CIRCUMFERENCE. SOMETHING TO CONSIDER. I THINK IT WOULD HELP YOUR NEIGHBORHOOD COMMERCIAL THRIVE. WE HAVE HAVE A LOT OF PEOPLE ON THAT SIDE OF THE WORLD THAT WOULD LIKE TO SEE AN EQUESTRIAN COMPONENT. YOU HAVE A LOT OF LAND THAT YOU COULD ACTUALLY PULL IT OFF. ONE OF THE THINGS I REALLY LIKE ABOUT THE EQUESTRIAN COMPONENT, IT'S NOT JUST THE HORSES. IT'S THE TEXAS LIFESTYLE. IT ATTRACTS A VERY FLUENT HOME BUYER. WHENEVER YOU THROW OUT THE NUMBERS FOR YOUR HOUSES, WE HAVE A NEIGHBORHOOD RIGHT HERE WITHIN CITY PROPER REAL CLOSE TO THE HIGH SCHOOL THAT WAS TURNING MILLION DOLLAR HOMES JUST RECENTLY. I WANT YOU TO BE VERY SUCCESSFUL WITH THIS BUILDING A VERY NICE HOME PRODUCT, AND I WANT YOU TO ATTRACT A FLUENCY TO THE CITY OF ANNA. I THINK YOU'VE GOT A HUGE CHANCE OF DOING THAT. WITH THE WAY THIS OPERATES, YOU HAVE THE OPPORTUNITY TO BYPASS P&Z BECAUSE YOU'RE AGREEING TO NOT MAKE THIS MUD AND ACTUALLY MAKE IT PART OF THE CN. I'M GIVING YOU MY WISH LIST, AND I WOULD LIKE FOR YOU TO TAKE IT BACK AND DO EVERYTHING YOU CAN. WE NEED SOME VERY RESPECTABLE HOMES TO ATTRACT PROFESSIONAL HIGHER INCOME PEOPLE TO THE CITY OF ANNA. THE WEST SIDE OFFERS A LOT OF ABILITY TO SUPPORT THAT. YOU HAVE A LOT OF LAND TO WORK WITH OVER THERE AND A GREAT TERRAIN TO WORK WITH OVER THERE. I HATE TO SEE IT JUST BE A LOT OF ROOFTOPS. THE OTHER ONE THAT COMES UP JUST IS PROTECTING THE TREES. I KNOW THERE'S A LOT OF FIELDS OVER THERE AND IT LOOKS LIKE THE TREES ARE PROTECTED, BUT IF THERE'S ANYTHING OF ANY SUBSTANTIAL CIRCUMFERENCE AND HEIGHT AND QUALITY, WE WANT THOSE PRESERVED. THANKS FOR CONSIDERING THAT. >> THANK YOU VERY MUCH. >> A COUPLE OF MORE QUESTIONS. SORRY. JUST TO WRAP YOU UP. HOW MANY DIFFERENT FLOOR PLANS DO YOU HAVE, APPROXIMATELY? OR ARE YOU LOOKING AT? >> PROPOSED THIS PLAN? >> YES. >> THERE ARE FIVE DIFFERENT LOT SIZES AND TYPICALLY, EACH LOT SIZE HAVE 5-8 FLOOR PLANS AND THEN 4-5 ELEVATIONS. >> THE END POINT THAT I'M TRYING TO GET TO IS CAN YOU PROVIDE SOME MORE CONTEXT ON WHETHER THE SAME FLOOR PLAN IS GOING TO BE AVAILABLE ON THE SAME STREET, A FEW HOUSES AWAY FROM EACH OTHER, OR ARE THEY GOING TO BE MORE SPREAD OUT AND A LITTLE BIT MORE DIFFERENT FACIA TO IT, SLIGHT MODIFICATIONS TO ENSURE THAT IT LOOKS A LITTLE BIT MORE SEPARATED? >> YES. WE'LL HAVE A MANDATORY HOMEOWNERS ASSOCIATION WITH THE RESTRICTIONS ON THE PROPERTY, AND FOLLOW THE CITY OF ANNA'S REPETITION. >> WE HAVE THAT IN AGREEMENT, THERE'S A REPETITIONS THEY FOLLOW. >> PERFECT. BECAUSE THAT WAS ANOTHER CONCERN. I'VE GOTTEN QUITE A FEW EMAILS, AND THAT WAS ANOTHER CONCERN, SO I APPRECIATE YOU CLEARING THAT UP AS WELL. >> WE'LL ADDRESS THAT. >> COUNCIL? >> MAYOR, I'LL MAKE A MOTION THAT WE APPROVE ITEM 6C. >> SECOND. >> HAVE A MOTION AND A SECOND. IF YOU WOULD PLEASE CAST YOUR VOTES. ITEM PASSES UNANIMOUSLY. TAKE US ITEM 6D. CONSIDER, DISCUSSED AND ACT ON A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, [01:55:01] FINDING THAT PUBLIC NECESSITY EXISTS FOR THE ACQUISITION OF A PERMANENT RIGHT AWAY ON AND UNDER 1.25 ACRES OF REAL PROPERTY. A PERMANENT SANITARY SEWER EASE PROVIDING LIMITED RIGHTS ON AND UNDER 0.66 ACRES IN REAL PROPERTY, AND A TEMPORARY CONSTRUCTION EASEMENT PROVIDING LIMITED RIGHTS ON AND UNDER 0.65 ACRES OF REAL PROPERTY MORE OR LESS. AUTHORIZING THE CITY MANAGER, STAFF, CONTRACTORS, AND THE CITY'S ATTORNEYS TO ACQUIRE SAID EASEMENTS BY ANY LAWFUL MEANS, INCLUDING BUT NOT LIMITED TO NEGOTIATIONS AND IF NECESSARY PROCEEDINGS IN EMINENT DOMAIN, PROVIDING AN EFFECTIVE DATE, ASSISTANT CITY MANAGER, MR. GREG PETERS. >> THANK YOU, MAYOR. MAYOR, AND COUNCIL, THIS ITEM BEFORE YOU IS PER OUR DEVELOPMENT AGREEMENT THAT WE HAVE WITH THE DEVELOPER, WHICH SAYS THAT THE PROPOSED PUBLIC ROADS AND PUBLIC SEWER LINES FOR THE PROJECT, IT'S THE RESPONSIBILITY OF THE DEVELOPER TO TRY TO GET THOSE EASEMENTS AND RIGHTS OF WAY FOR THOSE FIRST. THEN PER THE TERMS OF THE AGREEMENT, IF THEY ARE UNABLE TO DO SO, THEN THE CITY HAS AGREED TO GO AND TRY TO ACQUIRE THOSE EASEMENTS FOR THEM. THERE'S ALSO LANGUAGE THAT SAYS THAT THE CITY WOULD THEN BE COMPENSATED BACK FOR THOSE EFFORTS. THIS ITEM DOES REQUIRE A SPECIFIC MOTION TO BE MADE IF YOU CHOOSE TO APPROVE. I DO HAVE THAT LANGUAGE. I'M GOING TO GO AHEAD. THAT'S JUST SOME SPECIFIC LANGUAGE FOR THE MOTION, SHOULD YOU CHOOSE TO APPROVE THIS ITEM. STAFF DOES RECOMMEND APPROVAL BECAUSE IT IS PERTAINING TO CRITICAL ROAD CONSTRUCTION, WHICH IS MANTUA PARKWAY, AND THEN ALSO OUR TRUNK SEWER LINE, WHICH IS NOT JUST GOING TO SERVE THE CITY OF ANNA AND THE MULTIPLE DEVELOPMENTS, BUT ALSO WILL BE A CONNECTION FOR THE CITY OF VAN ASTIN SO THAT THEN THEY CAN PAY THE CITY OF ANNA FOR TREATMENT AND TRANSPORT OF THEIR WASTEWATER. BOTH THE ROADWAY AND THE SEWER LINE ARE REALLY REGIONAL PIECES OF INFRASTRUCTURE THAT SERVE NOT JUST ANNA NEIGHBORS, BUT LOTS OF PEOPLE IN THE AREA, SO STAFF DOES RECOMMEND APPROVAL. JUST TO ADD, I DON'T WANT TO GET INTO THE DETAILS OF THE SPECIFICS OF THE PROPERTY OWNERS, JUST OUT OF RESPECT FOR THEM, BUT THERE IS NO ONE LIVING ON THIS PROPERTY. CURRENTLY, IT IS AN EMPTY PIECE OF PROPERTY THAT'S OWNED BY THE PROPERTY OWNER. BUT I'M HAPPY TO ANSWER ANY ADDITIONAL QUESTIONS. >> COUNCIL, QUESTIONS, COMMENTS. >> JUST A QUICK COMMENT. I LOVE THAT YOU GUYS ARE FOCUSING ON INFRASTRUCTURE. PLEASE CONTINUE TO BRING MORE. APPRECIATE YOU. >> WILL ANYBODY LIKE TO MAKE A MOTION OR WOULD YOU LIKE ME TO DO IT? >> I MOVED THAT THE CITY OF ANNA, TEXAS AUTHORIZE THE USE OF POWER OF EMINENT DOMAIN TO ACQUIRE 0.827 ACRES OF LAND, MORE OR LESS FOR THE PERMANENT RIGHT OF WAY, 0.41 ACRES OF LAND, MORE OR LESS FOR A PERMANENT RIGHT OF WAY, 0.27 ACRES MORE OR LESS, FOR A TEMPORARY CONSTRUCTION EASEMENT, 0.656 ACRES OF LAND MORE OR LESS FOR A PERMANENT SANITARY SEWER EASEMENT, 0.655 ACRES OF LAND, MORE OR LESS FOR A TEMPORARY CONSTRUCTION EASEMENT. SET TRACKS LOCATED IN THE P BURNS SURVEY ABSTRACT 100 COLLIN COUNTY, TEXAS, PART OF A 17 ACRE TRACT OF LAND CONVEYED TO MGLA ADAMS LTD BY D RECORDED IN INSTRUMENT NUMBER 20110505000462580 OF THE DEED RECORDS OF COLLIN COUNTY, TEXAS, SAID 0.827 ACRES, 0.41 ACRES, 0.27 ACRES AND 0.656 ACRES, AS WELL AS 0.655 ACRES BEING MORE PARTICULARLY DESCRIBED BY THE MEETS AND BOUNDS DESCRIPTION AND DEPICTION SET FORTH IN EXHIBIT A, B, C AND D TO THIS RESOLUTION, WHICH I INCORPORATE IN FULL INTO MY MOTION. >> SECOND. >> I'LL GO WITH TOTAL. WE HAVE A LONG WINDY MOTION AND A SECOND. IF YOU WOULD, PLEASE CAST YOUR VOTES. >> MOTION PASSES UNANIMOUSLY. THAT WILL TAKE US TO ITEM 6E: CONSIDER, DISCUSS, AND ACT ON A RESOLUTION ACCEPTING THE FISCAL YEAR 2024 AUDIT. [02:00:03] FINANCE DIRECTOR, AIMEE RAE FERGUSON. >> GOOD EVENING, MAYOR AND COUNCIL. TONIGHT, I'M GOING TO GO OVER THE FY 2024 FINANCIAL HIGHLIGHTS AND THEN THE AUDIT PRESENTATION AND HAVE OUR CURRENT AUDITORS FORVIS MAZARS TO PRESENT THE AUDIT. TO GIVE A LITTLE BIT OF FINANCIAL HIGHLIGHTS FOR FINANCE. THIS PAST YEAR, MOODY'S AFFIRMED THE CITY'S A2 ISSUER AND A2 GENERAL OBLIGATION LIMITED TAX RATING. THAT WAS REALLY GOOD FOR THE CITY. THE CITY OF ANNA WAS RECOGNIZED BY THE TEXAS COMPTROLLER'S OFFICE AS A TRANSPARENCY TRAILBLAZER WITH FIVE STARS. WE ARE REQUIRED TO MAINTAIN THAT INFORMATION ON OUR WEBSITE. AFTER THIS AUDIT PRESENTATION, WITHIN THE NEXT 30-45 DAYS, ALL THIS INFORMATION WILL BE UPDATED ON OUR WEBSITE WITH THE 2024 NUMBERS IN ORDER TO CONTINUE OUR TRANSPARENCY STARS. FINALLY, THE CITY RECEIVED THE 2023 GOVERNMENT FINANCE OFFICER ASSOCIATION OR GFOA OR FOR THE ANNUAL COMPREHENSIVE FINANCIAL REPORT OR WHAT IS BETTER KNOWN AS OUR ACFA. WHAT IS THE PURPOSE OF AN AUDIT? THE PURPOSE OF AN AUDIT IS TO EXPRESS AN OPINION AS TO WHETHER THE FINANCIAL STATEMENTS ARE FAIRLY PRESENTED IN CONFORMITY WITH APPROPRIATE ACCOUNTING PRINCIPLES. IT EVALUATES THE EFFECTIVENESS OF THE CITY'S INTERNAL CONTROLS, THEIR PROCESSES, AND THE RISK MANAGEMENT PRACTICES WITHIN THE ORGANIZATION. IT IS ALWAYS PERFORMED BY INDEPENDENT AUDITORS OR WHAT IS BETTER KNOWN AS CERTIFIED PUBLIC ACCOUNTANTS, OR CPAS. THEN WHY ARE WE REQUIRED TO COMPLETE AN AUDIT? TEXAS LOCAL GOVERNMENT CODE CHAPTER 103 REQUIRES US TO DO IT. SAYS, "A MUNICIPALITY SHALL HAVE ITS RECORDS AND ACCOUNTS AUDITED ANNUALLY AND SHALL HAVE AN ANNUAL FINANCIAL STATEMENT PREPARED BASED ON THAT AUDIT." THEN ALSO OUR CITY ANNA CHARTER ARTICLE 7, CALLS FOR AN INDEPENDENT AUDIT OF ALL ACCOUNTS OF THE CITY BY A CPA AT THE CLOSE OF EACH FISCAL YEAR. FORVIS MAZARS WAS CONTRACTED BY THE CITY FOR AUDITING SERVICES IN COMPLIANCE WITH THE CITY CHARTER AND STATE LAW AND WAS SELECTED BY THE REQUEST FOR PROPOSAL PROCESS CONDUCTED IN 2024, AND WE SECURED A FIVE-YEAR CONTRACT TERM FOR THEIR SERVICES. THE CURRENT YEAR MARKS THE FIRST YEAR OF THE FIVE-YEAR ENGAGEMENT WITH FORVIS MAZARS. THEY'RE RECOGNIZED AS ONE OF THE COUNTRY'S TOP 10 ACCOUNTING FIRMS WITH OVER 7,000 TEAM MEMBERS HELPING TO DELIVER UNMATCHED CLIENTS EXPERIENCE. THEY OFFER THE BENEFIT OF A BIG FIRMS EXPERIENCE WITH A PERSONAL TOUCH OF A SMALLER FIRM, AND THEN WITH A LOWER PARTNER-TO-STAFF RATIO THAN MOST LEADING FIRMS, THE CITY RECEIVES THE INDIVIDUAL ATTENTION THAT IT DESERVES. THIS ARRANGEMENT EMPHASIZES THE CITY'S COMMITMENT TO ENSURING COMPREHENSIVE AND ATTENTIVE AUDITING SERVICES IN LINE WITH REGULATORY REQUIREMENTS AND BEST PRACTICES IN THE FIELD. HERE TO PRESENT THE AUDIT IS RACHEL ORMSBY. >> GOOD EVENING, MAYOR AND COUNCIL. I GUESS WE SAVED THE BEST FOR LAST, MAYBE. I DON'T KNOW. BUT AS AIMEE MENTIONED, MY NAME IS RACHEL ORMSBY, AND I'M YOUR AUDIT PARTNER, AND I ALSO HAVE THE PRIVILEGE OF SERVING AS THE MARKET SECTOR LEADER IN NORTH TEXAS. WE'RE GOING TO GO THROUGH WHAT THE RESPONSIBILITY OF YOU ALL ARE AS WELL AS WHAT OUR RESPONSIBILITY IS. WE'LL GO THROUGH THE OVERALL AUDIT PROCESS AND SOME REQUIRED COMMUNICATIONS, AND WE'LL ROUND IT OUT WITH ANY QUESTIONS THAT YOU ALL MAY HAVE. THERE IS A LOT ON THE SCREEN. THERE'S A LOT THAT ALL OF US ARE REQUIRED TO DO. AS YOUR EXTERNAL AUDITOR, THERE ARE CERTAIN ACCOUNTING POLICIES, PRINCIPLES, AND AUDIT STANDARDS THAT WE ARE REQUIRED TO FOLLOW. SO YOU ALL HIRE US TO CONDUCT, AS AIMEE MENTIONED, A SEPARATE INDEPENDENT AUDIT OF YOUR FINANCIAL STATEMENT AS A WHOLE WITH THE GOAL AND OBJECTIVE OF FORMING AN OPINION ON THE CITY'S FINANCIAL STATEMENTS. WE ARE ALSO RESPONSIBLE FOR COMMUNICATING ANY SIGNIFICANT MATTERS TO YOU ALL, ANY POTENTIAL ISSUES OF MATERIAL NON-COMPLIANCE OF WHICH NONE THERE HAVE BEEN NOTED, AND ALSO GOING THROUGH ANY INTERNAL CONTROL POLICIES, BEST PRACTICES, IF YOU WILL. THEN IN THE ANNUAL COMPREHENSIVE FINANCIAL REPORT THAT AIMEE MENTIONED WE ARE WORKING TO FINALIZE IN THE NEXT 30 DAYS. THERE ARE CERTAIN THINGS WITHIN THAT REPORT. IT'S USUALLY A 200-PLUS PAGE DOCUMENT THAT WE ALWAYS RECOMMEND THAT YOU ALL READ. I KNOW IT'S A LOT, SO THE MANAGEMENT DISCUSSION ANALYSIS, ONCE YOU DO GET A CHANCE TO LOOK AT THAT, ALWAYS RECOMMEND THAT'S THE BEST PLACE TO GO TO SEE A SNAPSHOT OF THE CITY'S FINANCIAL STATEMENTS AS A WHOLE AND REALLY WHAT HAPPENED YEAR-OVER-YEAR. YOUR RESPONSIBILITIES AS THOSE CHARGED WITH GOVERNANCE OR AS KNOWN CITY COUNCIL, YOU'RE RESPONSIBLE FOR OVERSEEING THE FINANCIAL REPORTING PROCESS WITH STAFF, SETTING A POSITIVE TONE AT THE TOP, THAT'S ALSO VERY IMPORTANT, AND ALSO JUST ENSURING THAT THERE ARE GOOD INTERNAL CONTROL, [02:05:02] SEGREGATION OF DUTIES ACROSS THE CITY IN WHICH YOU DO AS WELL. THEN CITY MANAGEMENT. THEY ARE RESPONSIBLE FOR OVERSEEING AND MANAGING THE DAY-TO-DAY ACTIVITIES WHICH ROLL UP INTO THE FINANCIAL STATEMENTS. YOU ALL, AND WE'LL TALK ABOUT IN A MINUTE, DID SPEND MORE THAN 750,000 IN FEDERAL EXPENDITURES THIS YEAR, SO YOU'RE REQUIRED TO HAVE THAT SEPARATE SINGLE AUDIT. CITY STAFF IS ALSO RESPONSIBLE FOR GIVING US ALL THE AUDIT REQUESTS. IT'S A LOT TO GO THROUGH AN AUDIT, AND SO WE GREATLY APPRECIATE THE FINANCE DEPARTMENT, AND AS A WHOLE, THE CITY STAFF. IT'S NOT JUST THE FINANCE DEPARTMENT, THERE ARE MANY DEPARTMENTS THAT WE WORK WITH TO BE ABLE TO STAND UP BEFORE YOU TONIGHT TO GIVE THIS AUDIT PRESENTATION. MOVING INTO THE OVERALL AUDIT APPROACH. OVERALL, MANAGEMENT OVERRIDE OF INTERNAL CONTROLS IS AN OVERALL RISK FOR EVERY FINANCIAL STATEMENT AUDIT. THIS IS NOT JUST UNIQUE OR SPECIFIC TO THE CITY OF ANNA. WHAT WE DO TO OVERCOME THAT IS WE LOOK AT ACCOUNTING ESTIMATES JUST TO MAKE SURE THAT THERE'S NOT ANY BIAS. AN ALLOWANCE FOR DOUBTFUL ACCOUNTS, MAKING SURE THAT THERE'S GOOD METHODOLOGY IN TERMS OF HISTORICAL COLLECTIONS. WE LOOK AT JOURNAL ENTRIES AND MAKE SURE THAT EVERY JOURNAL ENTRY HAS AN APPROVER AND A PREPARER. MAKING SURE THAT THERE IS PROPER SEGREGATION OF DUTIES AND THAT THERE IS PROPER SUPPORT THAT GOES ALONG WITH THOSE JOURNAL ENTRIES. AS I MENTIONED, THE CITY DID SPEND MORE THAN 750,000 IN FEDERAL EXPENDITURES, THAT'S RELATED TO THE ARPA FUNDING THAT THE CITY RECEIVED A FEW YEARS AGO. AS OF 9/30/2024, THAT FUNDING HAS BEEN COMPLETELY SPENT DOWN, AND THE CITY WILL GET THAT SINGLE AUDIT FINALIZED, AS WE MENTIONED OVER THE NEXT 30 DAYS, BUT WE DID NOT HAVE ANY FINDINGS FROM AN INTERNAL CONTROL OR A COMPLIANCE STANDPOINT WITH THE SINGLE AUDITS. THEN, AGAIN, ALONG WITH GOES HAND IN HAND GRANT REVENUE, THAT'S REALLY IMPORTANT, MAKING SURE THAT THE CITY RECOGNIZES THE REVENUE WHEN THEY INCUR ELIGIBLE EXPENDITURES IN WHICH YOU HAVE DONE. THEN THERE'S A LOT OF ASPECTS THAT GO INTO A FINANCIAL STATEMENT AUDIT. I'M NOT GOING TO NECESSARILY BORE YOU WITH ALL THESE THINGS ON THE SCREEN. BUT CAPITAL ASSETS, THAT'S PROBABLY A BIG ONE RIGHT FOR THE CITY AND TRACKING CONSTRUCTION AND PROGRESS AND CONTRIBUTED CAPITAL, THAT'S ONE AREA THAT WE DO A LOT OF TESTING ON. OF COURSE, LONG-TERM DEBT, ANY LEASES, OR SUBSCRIPTION-BASED IT ARRANGEMENTS THAT THE CITY ENTERS INTO. WE, OF COURSE, ANALYZE THOSE FOR PROPER CLASSIFICATION AND TREATMENT, AS WELL AS JUST MAKING SURE THAT IT'S COMPLETE AND ACCURATE. THEN LASTLY, ON THE SCREEN, THE CITY DOES PARTICIPATE IN TMRS. WE WORK WITH THE ACTUARY TO OBTAIN THEIR REPORTS AND PERFORM REQUIRED TESTING THERE TO ENSURE PENSIONS AND OTHER POST-EMPLOYMENT BENEFITS ARE COMPLETE AND ACCURATE AT YEAR-END. CASH AND INVESTMENTS. THAT'S ANOTHER BIG AREA OF THE CITY, AND WE DO A LOT OF PROCEDURES AROUND YEAR-END BANK RECONCILIATIONS, TESTING THE DEPOSITS IN TRANSIT, THE OUTSTANDING CHECKS, WE WORK WITH THE BANKS TO ENSURE THAT WE HAVE A THIRD-PARTY CONFIRMATION THERE, WE REVIEW CITY COUNCIL MEETING MINUTES. THAT'S ONE OF THE FIRST THINGS THAT WE DO IS ANALYZE WHAT HAS BEEN DISCUSSED AT EACH COUNCIL MEETING MINUTE TO JUST SEE DOES THAT HAVE AN IMPACT ON THE OVERALL AUDIT PROCESS? ALL THOSE AREAS THAT ALSO ENCOMPASSES THE CDC, EDC, THE HOUSING FINANCE CORPORATION, THE PFC, AS WELL AS THE PIDS. THERE'S A LOT GOING ON IN THE CITY AND WE KNOW THAT IT KEEPS US VERY BUSY DURING THE AUDIT PROCESS. THEN HERE'S A FEW REQUIRED COMMUNICATIONS. AUDIT ADJUSTMENTS. WE DID NOT IDENTIFY ANY MATERIAL AUDIT ADJUSTMENTS AS PART OF OUR AUDIT. THE CITY DID HAVE US HELP WITH CERTAIN OUTSOURCED ACCOUNTING ENTRIES RELATED TO YEAR-END GASB PRONOUNCEMENTS. I WILL SAY 100% OF OUR CLIENTS ACROSS NORTH TEXAS HAVE US HELP WITH THEIR PENSION AND OPEBS. MANAGEMENT REPRESENTATIONS. WE WILL WORK WITH CITY MANAGEMENT TO HAVE A MANAGEMENT REPRESENTATION LETTER SIGNED OVER THE COMING WEEKS SO THAT WE CAN FINALIZE THE AUDITS. AS I MENTIONED, WE ARE AN INDEPENDENT FIRM AND THERE WERE NO INDEPENDENT ISSUES NOTED AS PART OF OUR AUDIT. THEN HERE ARE SOME FINANCIAL HIGHLIGHTS. I ALWAYS THINK THIS IS PRETTY IMPORTANT. AGAIN, WE ARE IN DRAFT FORM. HOWEVER, I DON'T ANTICIPATE SIGNIFICANT FLUCTUATIONS IN THE NUMBERS. THE GENERAL FUND IS ENDING THE FISCAL YEAR 2024 WITH APPROXIMATELY 18.2 MILLION IN FUND BALANCE, WHICH REPRESENTS AN INCREASE OF APPROXIMATELY 4.4 MILLION FROM THE PRIOR YEAR. THERE'S A COUPLE OF THINGS ATTRIBUTABLE TO THOSE CHANGES. REVENUES WERE UP FROM THE PRIOR YEAR BY APPROXIMATELY 4.7 MILLION, LARGELY DUE TO INCREASES IN PROPERTY TAX, SALES TAX, AND CHARGES FOR SERVICES. [02:10:01] THEN EXPENDITURES ALSO DID INCREASE FROM THE PRIOR YEAR, PRIMARILY DUE TO INCREASED HEADCOUNT AND MERIT INCREASES THAT ATTRIBUTED TO THOSE SALARY EXPENSES. ANOTHER IMPORTANT MAJOR FUND THAT THE CITY COUNCIL IS ALWAYS, I THINK, INTERESTED IN KNOWING MORE ABOUT IS YOUR UTILITY FUND. ENDING NET POSITION WAS 184 MILLION, AN INCREASE OF APPROXIMATELY 65.8 MILLION FROM THE PRIOR YEAR. A LARGE PART OF THAT INCREASE WAS CAPITAL CONTRIBUTIONS, AS YOU CAN SEE HERE ON THE SCREEN. REVENUES ALSO DID INCREASE ABOUT 11 MILLION ACROSS THE BOARD DUE TO JUST OVERALL INCREASES IN YOUR OPERATING REVENUES, AS WELL AS THERE WAS ABOUT FIVE MILLION IN INCREASES DUE TO DEVELOPER FEES WHEN COMPARED TO THE PRIOR YEAR. EXPENSES ALSO INCREASED ABOUT 4.1 MILLION PRIMARILY DUE TO INCREASED CONTRACT SERVICES AND THEN JUST OVER THE NORMAL COURSE OF ANNUAL DEPRECIATION EXPENSE ON YOUR CAPITAL ASSETS. THEN BEFORE I OPEN IT UP FOR QUESTIONS, I JUST WANT TO SAY A FEW QUICK THINGS. AS AIMEE MENTIONED, WE'RE NEW TO THE CITY. THIS WAS OUR FIRST YEAR. FIRST-YEAR AUDITS CAN SOMETIMES SEEM DAUNTING. I FEEL LIKE WE WORKED REALLY WELL TOGETHER TO MAKE SURE THAT THIS WAS A SMOOTH TRANSITION FOR THE CITY. I THINK THIS PRESENTATION IS ABOUT A MONTH EARLIER THAN IT WAS IN THE PRIOR YEAR. I JUST WANT TO THANK EVERYONE. THIS IS VERY MUCH A GROUP EFFORT. A LOT OF DEPARTMENTS HAD A ROLE TO PLAY IN THIS, AND SO AS I MENTIONED, WE WILL BE WORKING TO WRAP THIS UP OVER THE NEXT 30 DAYS, BUT GREATLY APPRECIATE THE PARTNERSHIP AND HAPPY TO ANSWER ANY QUESTIONS THAT ANYBODY HAS. >> COUNCIL. >> WOULD YOU MIND GOING BACK TO THE LAST SLIDE? >> THAT ONE. I BROKE IT. >> THERE WE GO. JUST GIVE ME A FEW TO REVIEW THAT. ANYBODY ELSE WANTS TO ASK QUESTIONS, GO AHEAD. >> I GOT A GOOD QUESTION. WE'RE ABOUT A LITTLE OVER 30,000 GROWING OUR RATINGS. IS THAT WHERE CITIES OUR SIZE NORMALLY ARE OR ARE WE HEAD OF THE GAME, WHERE WE NEED TO BE? CAN YOU. >> SAY THE FIRST PART [INAUDIBLE]. >> THE RATINGS WE HAVE, I DON'T UNDERSTAND NONE OF THIS STUFF. >> [OVERLAPPING] YEAH, THE CREDIT RATINGS. >> THE CREDIT RATINGS. >> I'M NOT A FINANCIAL ADVISOR. I DON'T WANT TO SPEAK TOO MUCH ON THAT. I'M AN EXTERNAL AUDITOR. I WOULD SAY [OVERLAPPING]. >> NO. I'M SAYING I WANT YOU TO COMPARE US TO OTHER CITIES OUR SIZE. ARE WE WHERE WE SHOULD BE AT THAT OR IS OTHER CITIES OUR SIZE [OVERLAPPING]? >> SHE'S DON'T WANT TO TALK TO YOU ABOUT RATINGS, SHE'LL TALK TO YOU ABOUT [OVERLAPPING]. >> SHE JUST RATED US. >> NO, SHE DIDN'T. >> WELL, WHATEVER SHE DID [OVERLAPPING]. >> COMPLETELY SEPARATE. >> YEAH. I WOULD DEFER TO YOUR FINANCIAL ADVISOR. I DON'T WANT MISSPEAK. THAT'S NOT MY AREA OF EXPERTISE. >> ALL RIGHT. >> I'M SORRY. >> IT'S ALL GOOD. >> WE ARE THE BEST CITY AROUND. > [LAUGHTER] I JUST DON'T WANT TO MISSPEAK. >> JUST TO CLARIFY BECAUSE I'VE HAD QUESTIONS AND PEOPLE RUNNING FOR OFFICE, AND WE NEED AN AUDIT, WE NEED AN AUDIT. I'M GOING TO ASK YOU THIS AGAIN, IT'S GOING TO COME FOR ME AND THEN I WANT YOU TO SAY YES OR NO. ARE YOU A THIRD-PARTY AUDITOR? >> I AM A THIRD-PARTY AUDITOR. >> THEN DOES THE CITY TELL YOU HOW TO DO YOUR JOB? I KNOW THE ANSWER. >> THE CITY DOES NOT TELL ME HOW TO DO MY JOB. IN FACT, I THINK MY TEAM PROBABLY ASK MORE QUESTIONS THAN MAYBE THEY'RE USED TO IN YEARS PAST. >> I APPRECIATE YOU ENTERTAINING MY SILLY QUESTIONS, BUT THERE'S REASONS. >> FAIR POINT. WE ARE AN INDEPENDENT THIRD-PARTY AUDIT FIRM. THE CITY WENT OUT AND RECEIVED BIDS, QUALIFIED BIDS DURING THEIR COMPETITIVE PROCESS. WE WERE SELECTED THROUGH THE PURCHASING DEPARTMENT FOR THAT. I MEET WITH A LOT OF PEOPLE ACROSS THE CITY, NOT JUST AIMEE, AND I HAVE A TEAM OF 3-5 INDIVIDUALS AT ANY GIVEN TIME THAT HAVE BEEN WORKING ON THE AUDIT. SO YES WE ARE INDEPENDENT. >> THANK YOU. WELCOME TO ANNA. >> YES. THANK YOU. >> HEY, A QUESTION FOR YOU. YOU TOUCHED ON PFC, HFC, WHICH IS A BIT OF A HOT TOPIC. CAN YOU EXPAND ON THAT A BIT? >> THOSE FUNDS ARE PART OF OUR AUDIT. >> WHAT DID YOU FIND? >> I'M SORRY, WHAT? >> WHAT DID YOU FIND? >> WE DID NOT FIND ANY INTERNAL CONTROL. WE'RE GOING IN AND WE'RE LOOKING AT ARE THE FINANCIAL STATEMENTS COMPLETE AND ACCURATE, MATERIALLY REPRESENTED, AND THEY ARE. WE DID NOT HAVE ANY INTERNAL CONTROL ISSUES, RECOMMENDATIONS, AND WE BELIEVE THAT THE NUMBERS AT 9/30/24 ARE MATERIALLY STATED, IS THE OBJECTIVE OF OUR AUDIT. IT'S REASONABLE ASSURANCE, WHICH IS THE HIGHEST LEVEL OF ASSURANCE THAT WE CAN GIVE. WE CERTAINLY DON'T COME IN AND AUDIT [02:15:01] EVERY TRANSACTION THAT HAPPENS ALL THROUGHOUT THE YEAR BECAUSE WE'D BE HERE FOREVER. BUT WE BELIEVE THAT THE FINANCIAL STATEMENTS ARE MATERIALLY CORRECT. I GUESS I FAILED TO MENTION THAT. WE WILL STAND READY OVER THE COMING WEEKS WHEN WE FINALIZE. WE HAVE SOME REVIEW PROCESSES WE HAVE TO GO THROUGH. WE STAND READY TO GIVE THE CITY A CLEAN UNMODIFIED OPINION, WHICH IS THE [OVERLAPPING]. >> THAT'S EVENTUALLY WHAT IT WAS LEADING TO, SO YOU CAUGHT ONTO THAT. THEN YOU ALSO MENTIONED SALARIES AND MERIT INCREASES WERE A LARGE PART. DO YOU HAVE THAT BY DEPARTMENT? >> I DON'T, BUT MAYBE WE COULD, STAFF [OVERLAPPING]. >> CAN YOU BREAK THAT OUT, PLEASE, IF YOU WOULDN'T MIND? >> MAYBE LATER. STAFF COULD COME BACK ON THAT. I DON'T HAVE THAT. >> PERFECT. IF YOU COULD, SPECIFICALLY A PERCENTAGE OF INCREASE OVER THE PAST THREE YEARS, SO WE CAN GET A BIT MORE DATA IF THAT'S POSSIBLE. >> FANTASTIC. THANK YOU. ANOTHER THING IS, COULD YOU GO OVER SOME OF THOSE REVENUE GAIN HIGHLIGHTS AS WELL? >> THE REVENUE HIGHLIGHTS? >> YES. THERE WAS A GAIN IN REVENUE. CAN YOU GO OVER SOME OF THOSE HIGHLIGHTS? JUST FOR SOME PEOPLE THAT ARE WATCHING? >> YEAH, I DON'T HAVE THOSE IN DETAIL. I DON'T HAVE THE MAKEUP OF IT, BUT STAFF CAN COME BACK AND GET YOU THAT. I WILL SAY WHEN THIS REPORT GETS FINALIZED IN THE MANAGEMENT'S DISCUSSION AND ANALYSIS, THAT BREAKOUT WILL CERTAINLY BE IN THOSE 10-20 PAGES, AND IT WILL SHOW BY CATEGORY, WHAT WAS THE PERCENT FOR SALES TAX, PROPERTY TAX AND WHAT THAT MAKEUP IS USUALLY IN A FORM OF A PI GRAPH, IF YOU WILL. BUT WE CAN CERTAINLY COME BACK WITH THAT. >> I'M ASSUMING YOU'RE GOING TO HAVE A YEAR-OVER-YEAR PERCENTAGE CHANGE, CORRECT? >> THEY DO. YES. IN THE MANAGEMENT DISCUSSION AND ANALYSIS, IT'S THE FIRST PART OF THE ACR. IT COMPARES USUALLY TWO YEARS BECAUSE THE FINANCIAL STATEMENTS ARE SINGLE YEAR. IT WILL COMPARE 93024 TO WHERE FACTS AND CIRCUMSTANCES WERE 93023. >> I DON'T WANT TO PUT MORE WORK ON YOU, SO I APOLOGIZE, BUT IS THERE A WAY TO GET US THREE-YEAR VARIANCES ON THAT TOO SO WE CAN TRACK THE PATTERN OVER THREE YEARS AND SEE. >> [OVERLAPPING] COUNCIL, I THINK WHAT YOU'RE ASKING IS GOING TO BE SOMETHING FOR STAFF. >> SHE'S AN AUDITOR. SHE'S AN OUTSIDE AUDITOR. SHE'S NOT GOING TO DO THAT. >> I HAD ONE MORE QUESTION. WHAT WERE THE TOP 5 POSITIVES THAT YOU SAW? I THINK THAT'S A LAYOUT. >> THAT IS A GREAT QUESTION. I WILL SAY YOU ARE A FAST-GROWING CITY. THIS IS OUR FIRST YEAR. LAST YEAR, THERE WERE SOME RECOMMENDATIONS. I THINK LAST YEAR, THERE WERE RECOMMENDATIONS ON THE YEAR-END CLOSE PROCESS, TIMELY BANK RECONCILIATIONS WHEN WE CAME IN. WE FELT THAT THE YEAR-END CLOSE PROCESS HAD SIGNIFICANTLY, I THINK IMPROVED. WE WEREN'T HERE LAST YEAR, BUT WE DIDN'T HAVE THE SAME REPEAT RECOMMENDATIONS. I WOULD SAY ONE, JUST CITY STAFF AND THE FINANCE DEPARTMENT. WORKING AND REALLY MAKING A CONCERTED EFFORT TO GET TIMELY FINANCIAL STATEMENTS AND FINANCIAL INFORMATION OUT IN A TIMELY MANNER, I THINK WAS VERY MUCH A POSITIVE. AS I MENTIONED, I THINK A MONTH OR TWO EARLIER THAN THE PRIOR YEAR FOR THIS PRESENTATION. I WILL SAY JUST THE COLLABORATION. I DO A LOT OF AUDITS ACROSS NORTH TEXAS. SOMETIMES WE COME IN AND FIRST YEAR AUDITS ARE LACK OF A BETTER WORD TO TRAIN WRECK, IF YOU WILL. I FEEL LIKE IT WAS A VERY COLLABORATIVE, SMOOTH APPROACH, MY TEAM'S FINANCE. WE HAD WEEKLY STATUS UPDATE CALLS. I JUST REALLY MUCH APPRECIATE THAT THE AUDIT ISN'T THEIR DAILY THEY HAVE OTHER DAILY TASKS AND TO SERVE, I THINK, THE CITIZENS, THE NEIGHBORS. I JUST APPRECIATED THAT THEY FOCUSED AND GAVE OUR TEAM WHAT WE NEEDED WHEN WE NEEDED IT BECAUSE WE ALL HAVE A JOB TO DO. I LOVE ALL THE ACTIVITY GOING ON UP HERE, AND SO THAT'S REALLY EXCITING. WE'RE A LARGE GROWING FIRM, SO IT'S NICE TO PARTNER WITH A GROWING CITY BECAUSE WE'RE GOING THROUGH THE SAME, I GUESS, CHALLENGES, IF YOU WILL. WE CAN SHARE HORROR STORIES, I GUESS, NO. BUT THOSE ARE THREE, AND I'LL HAVE TO THINK ON TWO MORE. >> YEAH, NO. YOU'RE ON THE MONEY BECAUSE WHAT I'M TRYING TO DO IS FOR PEOPLE THAT MAY NOT UNDERSTAND THE FULL CONTEXT. I'M TRYING TO HELP THEM UNDERSTAND IT. THIS WAS A THIRD-PARTY AUDIT, AS ANOTHER COUNCILMAN SAID, AND THERE IS A LEVEL OF DEPTH THAT YOU'VE GONE THROUGH. TO VERIFY EVERYTHING AND THAT YOU'RE CONFIDENT IN IT, AND THAT'S WHY I WANTED YOU TO HIGHLIGHT SOME OF THE GOOD SIDES, TOO. THANK YOU. >> THANK YOU. >> THANKS FOR KEEPING THAT UP FOR A LITTLE BIT. THAT SLIDES MORE FOR A FUTURE CONVERSATION. I APPRECIATE YOU INDULGING ME. WE'VE INVESTED HEAVILY INTO THE ACCOUNTING DEPARTMENT FOR THE CITY OF ANNA. IT SOUNDS LIKE YOU HAVE NOTICED THAT INVESTMENT. >> I WILL SAY I HAVE. I WILL SAY IN CITIES THAT HAVE BEEN SMALLER AND THEN ARE TRYING TO KEEP UP WITH THE RAPID PACE. [02:20:03] SOMETIMES WE DO EXPERIENCE SEGREGATION OF DUTIES ISSUES WHERE YOU'VE GOT ONE PERSON THAT HAS MAYBE COMPLETE CONTROL IN TERMS OF ACCESS, RECORDING, AND MONITORING CAPABILITIES. I WOULD SAY HERE, WE CAN SEE THAT THERE'S REALLY GOOD SEGREGATION OF DUTIES. WE CAN SEE THAT THERE'S FOLKS RECOMMENDING JOURNAL ENTRIES TO THEN BE APPROVED AND POSTED. I THINK WE CAN SEE THE INVESTMENT THAT YOU'VE MADE, BUT ALSO, I DON'T THINK THAT THEY WOULD SHY AWAY FROM MORE HELP. THERE'S A LOT GOING ON [OVERLAPPING]. >> YOU TRAINED HER WELL. >> I HAD TO MAKE THAT SMALL PLUG, JUST BECAUSE GASB, WHO'S THE STANDARD SETTING BOARD THAT YOU WILL HAVE TO FOLLOW AS A GOVERNMENTAL ENTITY, THEY'VE JUST BEEN VERY BUSY OVER THE YEARS. CONTINUOUSLY IMPLEMENTING PRONOUNCEMENTS THAT ALL OF OUR CLIENTS HAVE TO IMPLEMENT AND RESEARCH. THERE'S JUST A LOT OF WORK THAT GOES INTO YEAR IN CLOSE, THE MONTH-END, AUDITS. IT'S A LOT ON TOP OF SIGNIFICANT TRANSACTIONS AND DEVELOPER AGREEMENTS AND EXCITING THINGS GOING ON. I WILL SAY, WE CAN SEE THE INVESTMENT THAT YOU'VE MADE, WHICH IS WHY THERE'S PROBABLY NOT FINDINGS IN THE AUDIT. BUT I DON'T THINK IT HURTS TO CONTINUE TO MAKE INVESTMENTS. >> SURE. I'VE GONE THROUGH SEVERAL SYNDICATION AUDITS. THIS APPEALS TO ME. I KNOW MOST PEOPLE IN THIS ROOM PROBABLY CAN'T STAY IN THIS TOPIC. [LAUGHTER] BUT WHAT YOU'RE SAYING RINGS TRUE WITH THE DECISIONS THAT WERE MADE 5-7 YEARS AGO. THE CONDITION OF THE FINANCIALS, YOU TOUCHED ON THE STANDARD OPERATING PROCEDURES, THE CHECKS AND BALANCES ARE IN PLACE. PAYROLL. I DIDN'T SEE THAT IN OF THE SLIDES. DID YOU REVIEW PAYROLL PROCESS? >> WE DO. I FAILED TO MENTION THAT. YES. BECAUSE WE DON'T GIVE AN OPINION ON INTERNAL CONTROLS, BUT AS PART OF OUR PROCESS, WE COME IN AND WE GAIN AN UNDERSTANDING OF WHAT ARE YOUR CONTROLS, YOUR POLICIES, YOUR PROCEDURES AROUND CASH INFLOWS, CASH OUTFLOWS, RECEIPTS DISBURSEMENTS AND PAYROLL. WE DID NOT FIND ANYTHING THAT WARRANTS ATTENTION OR PAUSE FOR CONCERN IN TERMS OF PAYROLL. WE LOOK AT YEAR-END ACCRUALS, WE'RE LOOKING AT PAYROLL AS PART OF CENSUS DATA TESTING WHEN WE LOOK AT TMRS. WE DID NOT FIND ANYTHING TO REPORT ON RELATED TO PAYROLL. >> THAT'S GOOD. THAT'S THE REPORT I WANT TO HEAR. [LAUGHTER] I DON'T KNOW, MAYBE ABOUT THREE OR FOUR YEARS AGO. WERE YOU WITH THIS THEN? WE INVESTED IN ASSET MANAGEMENT. A BIG PART OF IT WAS MAKING SURE WE WERE TRACKING ALL OF OUR EQUIPMENT AND THINGS THAT DEPRECIATE. THINGS THAT HAVE A LIFE EXPECTANCY THAT NEEDS TO LIVE UP TO THE MANUFACTURER'S WARRANTY AND THAT SORT OF STUFF. DID YOU REVIEW ANY OF THOSE PROCESSES OR ITEMS? >> I DON'T WANT TO SPEAK OUT OF TURN. WHEN HE'S SPEAKING OF ASSET MANAGEMENT, IS THIS THE ENCODE FIXED ASSET MODULE? I THINK THIS FEEDS INTO WHAT WE DO AS PART OF THE CAPITAL ASSET TESTING. AS PART OF WHAT WE DO IS WE GET A DETAILED LIST YOU'VE GOT YOUR GOVERNMENTAL FUNDS, WHICH ARE YOUR GENERAL FUND, YOUR SPECIAL REVENUE FUNDS, BUT THEN YOU'VE GOT YOUR UTILITY AND PSC, WHICH ARE BUSINESS TYPE ACTIVITIES. WITHIN BOTH OF THOSE, SAY OPINION UNITS, WE RECEIVE DETAILED LISTS BY ASSET IN SERVICE DATE, USEFUL LIFE, AND IT ALSO CONTAINS THOSE ATTRIBUTES FOR ADDITIONS IN THE CURRENT YEAR, AS WELL AS IF THERE WERE ANY DISPOSAL, SO IF ANYTHING WENT TO AUCTION, THINGS OF THAT NATURE, AND THEN ALSO CIP. SO CONSTRUCTION AND PROGRESS AND IT'S BI PROJECT LEVEL. WITHIN ALL THESE BUCKETS, WE PERFORM RANDOM, MUS STATISTICAL SAMPLING TO TEST VARIOUS KEY ATTRIBUTES TO MAKE SURE OKAY. THIS ASSET, IF IT'S FOR A BUILDING IS THE USEFUL LIFE PROPER AND IS THE SYSTEM CALCULATING DEPRECIATION EXPENSE PROPERLY. YES, WITHIN ALL THAT, WE DO DETAILED TESTING ON CURRENT YEAR ADDITIONS AND CURRENT YEAR DISPOSALS. FOR BOTH OPINION UNITS, GOVERNMENTAL AND BUSINESS TYPE ACTIVITIES. WE DID NOT NOTE WELL, WE'RE STILL WRAPPING THAT UP, BUT AS A NOTE, WE HAVE NOT NOTED ANYTHING WITH SIGNIFICANT. [02:25:01] >> THEN STANDARD OPERATING PROCEDURES, YOU'VE PRETTY MUCH STATED THAT EVERYTHING'S IN PLACE AND PROPER? YOUR PREDECESSOR, AIMEE, WAS A CFO, AND HE WAS A STICKLER FOR A LOT OF THIS STUFF, AND HE WENT OUT AND GOT SOME AWARDS. I SAY HE AND THE TEAM WENT OUT AND GOT US SOME AWARDS FOR ALL OF THE ACCOUNTING STUFF THAT WE ACCOMPLISHED. THIS LADY HERE IS REITERATING THAT WE PROBABLY QUALIFY FOR SOME AWARDS. I WOULD LIKE FOR STAFF OR EXECUTIVE STAFF OR WHATEVER TO SEE IF WE CAN QUALIFY FOR SOME BECAUSE WE'VE OBVIOUSLY WORKED VERY HARD TO EARN THEM. THANK YOU VERY MUCH FOR YOUR VERY DEEP DIVE INTO OUR BOOKS. >> ABSOLUTELY. >> TWO FINAL QUESTIONS. CAN YOU CONFIRM THAT THERE ARE MEMOS FOR ALL PAYMENTS THAT ARE EXTERNAL? FOR EXAMPLE, YOU ARE PROVIDING AN EXPLANATION FOR ANY PAYOUTS, WHERE WHERE IT'S GOING, WHAT THE SERVICES WERE PROVIDED? >> WELL, I CAN'T CONFIRM ALL BECAUSE WE DON'T LOOK AT EVERY TRANSACTION. I WOULD SAY FOR THE TRANSACTIONS THAT WE SELECTED AS PART OF, WE DO A YEAR END, WE TEST YOUR ACCOUNTS PAYABLE TO MAKE SURE THAT THOSE BALANCES ARE COMPLETE AND ACCURATE. WE'RE LOOKING AT PAYMENTS THAT HAVE BEEN MADE SUBSEQUENT TO YEAR END. YES, OF THOSE SAMPLES THAT WE PERFORMED. THERE IS PROPER SUPPORT THAT WILL NOTATE WHETHER IT'S NOT JUST A PO RIGHT. THERE'S AN INVOICE. THERE'S A CHECK, THERE'S ACH. THERE'S A PROPER SUPPORT TO SHOW WHAT THOSE ARE. >> FANTASTIC. I JUST WANT TO DOUBLE CHECK. ONE FINAL QUESTION. DO YOU GUYS DO A STRESS TEST? >> STRESS TEST. CAN YOU ELABORATE. FOR EXAMPLE, YOU'LL HAVE CITIES WHERE THEY'LL PLAY HYPOTHETICAL SCENARIOS AND THEY'LL SEE HOW SOUND OUR FINANCIALS ARE IN THE CASE OF A 2008 IN THE CASE OF A PANDEMIC. THAT'S WHERE I WAS CURIOUS SINCE YOU GUYS ARE A THIRD PARTY AUDITOR. IS THERE A POSSIBILITY TO GET A STRESS TEST IF YOU GUYS HAVEN'T ALREADY DONE ONE? >> I DON'T KNOW HAVE YOU ALL DONE SOMETHING LIKE THAT BEFORE. OUR FIRM, THERE'S A GROUP THAT PROBABLY CAN ASSIST WITH THAT. THAT WOULD BE OUTSIDE OF MY PURVIEW, BUT I'M HAPPY TO GO BACK AND LOOK INTO THAT AND REPORT BACK TO STAFF. >> YEAH, IF YOU COULD JUST EXPLORE THAT AND WE CAN JUST SEE WHERE THAT GOES. I REALLY APPRECIATE YOU. THANK YOU. >> I TOOK THAT AT FIRST. IT'S LIKE OUR INTERNAL STRESS, AND SO IT'S LIKE CAN YOU PLEASE REMEMBER? >> ANYBODY ELSE? >> WHAT ACCOUNTING SOFTWARE DO WE USE? >> ENCODE. >> ENCODE. >> IT'S A TOWER TECHNOLOGIES PLATFORM. IT WAS ENCODE. I THINK IT'S ERP PRO 10 NOW. IT'S EVOLVED OVER THE YEARS. BUT OUR FIRM IS VERY FAMILIAR IN MY AUDIT TEAM. A LOT OF MUNICIPALITIES OF YOUR SIZE USE THE SAME PLATFORM ACROSS OUR TEXAS. >> HOW MANY PEOPLE DID WE HAVE THAT WERE AUTHORIZED TO CATEGORIZE AND RECONCILE AND THEN HOW MANY PEOPLE WERE ACTUALLY CATEGORIZING AND RECONCILING. I DON'T HAVE THAT NUMBER OFF THE TOP OF MY HEAD. BUT I CAN REPORT BACK. YOU'RE GOOD. SOMEBODY LET ME KNOW. >> SOMEBODY. >> REALLY, WHAT I'M GETTING AT IS TYPICALLY YOU HAVE AN ORGANIZATION, YOU HAVE END USERS THAT ARE GOING TO BE AUTHORIZED TO GO IN AND CATEGORIZE AND THEN IT SHOULD BE EVEN LESS THAT ARE AUTHORIZED TO RECONCILE AND THEN TYPICALLY WHAT YOU'LL SEE IS IN AN ORGANIZATION, DO YOU HAVE 30 PEOPLE THAT ARE AUTHORIZED TO DO THAT? IS IT ONLY LIKE TWO THAT ARE DOING IT, OR IS ONE MONTH FIVE DOING IT, AND THEN THE NEXT MONTH, 10 ARE DOING IT, AND THEN YOU GO BACK TO THAT AND SO IT'S NOT REDUNDANT. IT'S NOT DOING THE SAME THING OVER AND OVER AGAIN. I'LL GET THAT NUMBER AND GET THAT BACK TO STAFF. I WILL TELL YOU AS PART OF THE AUDIT, WE ALSO WORK WITH IT. I KNOW IN THE CONTROL TESTING THAT WE DID THAT ALL ROLES WITHIN THE ERP. WITHIN ENCODE ARE USER BASED AND IT DOES AN ANNUAL EVALUATION OF THE ROLES. MAKE SURE THAT IF SOMEONE IS TERMINATED OR HIRED, ALL OF THERE'S A PROCESS THAT HAS TO GO THROUGH. >> EXACTLY. >> FROM THAT DEPARTMENT. WE WALKED THROUGH A COUPLE OF THOSE TRANSACTIONS AS WELL. TO ENSURE THAT THIS IS THE CONTROL, IS THAT ACTUALLY HAPPENING? I DO KNOW THERE IS THAT, BUT I DON'T HAVE THE NUMBER OFFHAND. IN TERMS OF WHO'S AUTHORIZED VERSUS WHO'S ACTUALLY DOING? TYPICALLY WHEN YOU WILL START AN AUDIT, YOU'LL HAVE THINGS, ESPECIALLY WHEN IT'S YOUR FIRST YEAR AND IT'S OUR FIRST YEAR, A LOT OF TIMES IT'S A LEARNING ENVIRONMENT, IT SHOULD BE THAT WAY. [02:30:01] THERE SHOULD BE, HEY, YOU GUYS ARE DOING THIS, THIS IS NOT BEST PRACTICE. A LOT OF TIMES YOU'RE COMING ALONG BESIDE THE ONE THAT YOU'RE AUDITING AND YOU'RE TEACHING THEM THINGS TO IMPLEMENT. THEN BY THE END OF THAT PROCESS, THEY SHOULD BE IMPLEMENTING THOSE THINGS. DID YOU SEE ANY OF THAT? >> YEAH. AIMEE AND I HAVE HAD A LOT OF CONVERSATIONS ABOUT HELP ME UNDERSTAND BECAUSE THERE'S MORE THAN ONE WAY TO DO THINGS. UNDERSTAND THAT. IT'S OKAY TO HELP ME UNDERSTAND YOUR PREDECESSOR OR WHY THE CITIES WERE DOING THIS PROCESS THIS PARTICULAR WAY. THEN WE'VE MADE A LIST OF LET'S CIRCLE BACK, LET'S GET THE AUDIT FINISHED. LET'S COME IN THE SUMMER AND GO THROUGH. MAYBE THERE'S A MORE EFFICIENT WAY OR MAYBE THERE'S A DIFFERENT WAY. TO DO THAT. I WOULD SAY THERE'S NOTHING THAT'S OBVIOUSLY WRONG AND THE FINANCIAL STATEMENTS ARE MATERIALLY CORRECT, THAT MAYBE THERE'S SOME BEST PRACTICES THAT WE CAN WORK TOGETHER ON. OF COURSE, THIS SUMMER WHEN IT'S I SAY SLOWER, BUT I DON'T KNOW THAT THERE'S EVER A SLOWER. IN OUR INDUSTRY. BUT THERE'S BEEN CERTAINLY SOME THINGS ROCK, WELL, HELP ME UNDERSTAND AND LET'S WORK TOGETHER TO COME UP WITH A BETTER PRACTICE. >> THEY WERE RECEPTIVE TO THAT? >> YES. ABSOLUTELY. AIMEE AND CARLY, THE CONTROLLER. WE'VE WORKED VERY CLOSELY WITH BOTH OF THEM, AND THEN I HAVE A MANAGER THAT'S NOT HERE TONIGHT, BUT I THINK HE MAYBE HAS THEIR NUMBERS ON SPEED DIAL. >> PERFECT. >> I MADE THE AUDITS OVER. YES. A LOT OF CONSTANT COMMUNICATION AND COLLABORATION, ESPECIALLY IN A FIRST YEAR AUDIT BECAUSE IT IS VERY MUCH AS [OVERLAPPING]. >> ABSOLUTELY. >> A LEARNING ENVIRONMENT. >> AWESOME. THANK YOU, MA'AM. ANYONE ELSE? I'LL ENTERTAIN A MOTION. >> BEFORE YOU TAKE YOUR VOTE. IT WAS BROUGHT TO MY ATTENTION THAT OUR FINANCIAL PAGE ON OUR WEBSITE NEEDS TO BE UPDATED AND IT WILL BE UPDATED. >> THANK YOU. >> MAKE A MOTION TO APPROVE THIS AUDIT. >> I'LL SECOND. >> WE HAVE A MOTION AND A SECOND, IF YOU WOULD, PLEASE CAST YOUR VOTES. ITEM PASSES UNANIMOUSLY. THANK YOU VERY MUCH. APPRECIATE THE WORK. >> THANK YOU ALL. >> TEXAS AGENDA ITEM 7 CLOSED SESSION. [7. Closed Session (Exceptions). (Part 3 of 3)] UNDER TEXAS GOVERNMENT CODE CHAPTER 551, THE CITY COUNCIL MAY ENTER INTO CLOSED SESSION TO DISCUSS ANY ITEMS LISTED OR REFERENCED ON THIS AGENDA UNDER THE FOLLOWING EXCEPTIONS. TEXAS GOVERNMENT CODE 551.071, TEXAS GOVERNMENT CODE 551.072, TEXAS GOVERNMENT CODE 551.087 AND TEXAS GOVERNMENT CODE 551.074. DO I HAVE A MOTION? >> MAYOR. I'LL MAKE A MOTION THAT WE ENTER INTO CLOSED SESSION FOR THE THIRD TIME THIS EVENING. [LAUGHTER]. >> I'LL SECOND IT >> GOT TO GO FOR THE HAT-TRICK AT LEAST. >> ALL IN FAVOR, SAY AYE. >> AYE. >> I HAVE A VOTE. WE HAVE A VOTE. I'M SORRY. I WAS JUST TRYING TO. THAT'S PRETTY FAST. THAT'S PRETTY GOOD. VERY NICE. ITEM PASSES. UNANIMOUSLY, WE'RE IN CLOSED SESSION AT 9:06 PM. CARYL, THANK YOU FOR BEING HERE. WE'RE COMING OUT OF CLOSED SESSION AT 9:52. NO ACTION ITEMS FROM CLOSED SECTION. [*A portion of this clip is without video*] SEEING NO OBJECTION, WE'RE ADJOURNED. [NOISE] * This transcript was compiled from uncorrected Closed Captioning.