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[1. Call to order and roll call of members ]
AND FOR THE BENEFIT OF THE PEOPLE THAT DON'T KNOW, WE'RE NOT SITTING HERE JUST HOLDING OFF.THE MICS DON'T WORK UNTIL SIX O'CLOCK.
SO, UM, WE'LL GO AHEAD AND CALL THE MEETING TO ORDER.
FIRST ITEM IS, UH, THE ROLL CALL OF, UH, MEMBERS.
YEAH, WE HAVE EVERYONE PRESENT TONIGHT AS A MATTER OF FACT.
SO WE'LL CALL THE MEETING TO ORDER.
[2. Approval of October 20, 2025 minutes ]
WE NEED TO CONSIDER IS THE APPROVAL OF THE MINUTES OF THE OCTOBER 20TH MEETING.YOU'VE ALL RECEIVED COPIES OF THOSE MINUTES, AND IF YOU HAVE ANY QUESTIONS OR CORRECTIONS, UH, OR RECOMMENDATIONS FOR CHANGES, WE'LL ENTERTAIN THOSE AT THIS TIME.
IF NOT, THEN THEY'LL STAND APPROVED AS SUBMITTED.
THIRD ITEM ON OUR AGENDA IS CITIZEN COMMUNICATION.
AND DO WE HAVE ANYONE THAT DOES THAT, THAT WANTS TO ADDRESS THE COMMISSION, THAT THAT'S, UH, IT'S NOT, UH, ON THE AGENDA? IT LOOKS LIKE NOT.
[4. New Business ]
ITEM WOULD BE, UH, NUMBER FOUR UNDER NEW BUSINESS.CONSIDER AND TAKE ACTION ON A MINOR PLAT PLAT 25 0 0 9 1 RES ESTATES GENERALLY LOCATED ALONG THE NORTH SIDE OF UT STREET, EAST OF DICKINSON AVENUE AND WEST OF TEXAS AVENUE, AND WITH A, WITH AN ADDRESS OF 6 91 UT STREET.
AND IF YOU'LL EXCUSE ME, NOW, I'M GONNA TURN THE, THE, UH, PODIUM OVER TO, UM, MR. DOMINGUEZ.
UM, SO TO, UM, PRESENT FOR ON BEHALF OF THE CITY, UH, MR. CARPENTER? YES, SIR.
UM, SO THE ITEM BEFORE YOU TODAY IS, UM, FOR A MINOR PLAT.
YOU HAVE NOT SEEN MANY OF THESE RECENTLY BECAUSE COUNCIL HAD DELEGATED APPROVAL AUTHORITY TO ME.
SO WHEN WE APPROVE THEM, UM, THEY DON'T NEED TO COME TO, UM, PLANNING AND ZONING COMMISSION IN THIS CASE.
UM, WE HAVE DETERMINED THAT THE PLAT DOES NOT MEET ALL CITY REQUIREMENTS, AND SO WE ARE DENYING THE PLAT, AND THAT'S WHY YOU'RE SEEING IT HERE TODAY.
I'LL GO OVER THE REASONS FOR THAT.
UM, HERE DURING THE PRESENTATION.
SO THE APPLICANT IS PROPOSING TO PLA THE PROPERTY IN ORDER TO GET A BUILDING PERMIT, UM, FOR A SINGLE FAMILY HOME.
THEY WANNA CONSTRUCT A HOUSE ON THE PROPERTY.
UM, SO PLATTING IS NOT NECESSARILY ONLY REQUIRED WHEN SUBDIVIDING, UM, LAND INTO MULTIPLE PARCELS.
IT IS REQUIRED IN ORDER TO RECEIVE A BUILDING PERMIT IN LAKE CITY.
UM, SO IT'S ALSO REQUIRED TO HOOK INTO WATER AND SEWER SERVICES IN LAKE CITY.
YOU MUST HAVE A PLATTED PIECE OF PROPERTY.
SO HENCE WHY THE PLAT IS REQUIRED IN THIS CASE.
UM, WITH THE PLAT, THE CITY HAS PROVIDED THE RIGHTS TO ESTABLISH EASEMENTS, UM, GET RIGHT OF WAY THAT IS NECESSARY, AND, UM, REQUIRE A MUNICIPAL FACILITY EXTENSION.
IN THIS CASE, UM, WE ARE REQUESTING AN EASEMENT BE ESTABLISHED ON THE PROPERTY.
UM, SO JUST A BRIEF HISTORY OF KIND OF HOW WE GOT HERE.
WE'VE HAD THREE PLAT APPLICATIONS, UM, SUBMITTED FOR THIS 6 9 1 HEWITT.
UM, THE LAST ONE WAS ACTUALLY APPROVED.
UM, WE REQUESTED MYLARS TO GET IT RECORDED, AND THEN THE APPLICANT WITHDREW THAT PLAT.
AND SO THEN THEY RESUBMITTED A NEW PLAT APPLICATION THAT DID NOT MEET OUR MINIMUM REQUIREMENTS AND HENCE WHY WE'RE HERE TODAY.
UM, SO THE OUTSTANDING COMMENTS THAT REMAIN FROM THE LAST SUBMITTAL, UM, I WILL GO OVER THOSE AND THEN GO INTO A LITTLE MORE DETAIL ON THE SPECIFIC DRAINAGE REQUIREMENTS.
SO A CCR DOCUMENT, COVENANTS, CONDITIONS, RESTRICTIONS, UM, HAS NOT BEEN APPROVED OR RECORDED, WHICH IS A REQUIREMENT OF PLATTING.
UM, A SURVEY WAS NOT PROVIDED WITH THIS PLAT APPLICATION.
STANDARD PLATTING NOTES WERE NOT PROVIDED.
A DEDICATORY STATEMENT IS NOT CONSISTENT WITH OUR STANDARD LANGUAGE, AND A DRAINAGE EASEMENT IS NOT PROVIDED ALONG WITH THE EXIST ALONG AN EXISTING DRAINAGE FEATURE ON THE PROPERTY.
SO THE LAST BULLET POINT HERE IS, IS KIND OF THE POINT OF CONTENTION, AND WE'RE GONNA DIVE INTO A LITTLE MORE DETAIL ON WHAT THE ORDINANCE SAYS, WHY WE'RE REQUIRING IT, AND, UM, WE'LL GO THROUGH THAT REAL QUICK.
SO SEC, I'M NOT GONNA READ ALL OF THIS TO YOU, UM, BUT I WILL SUMMARIZE IT TO YOU.
SO, UM, SECTION 5.4 0.2 BASICALLY SAYS, EASEMENTS ARE NEEDED FOR INFRASTRUCTURE AND ALL FACILITIES SHALL BE CONSISTENT WITH THE CITY'S MASTER PLANS.
SECTION SAYS, WHERE A DRAINAGE DITCH, WHERE A DRAINAGE DITCH EXISTS ON A PROPERTY, AN EASEMENT MUST BE DEDICATED TO PRESERVES THE FLOW OF THAT DITCH.
AND THEN THIS ONE 5.93 8.1, UM, SAYS THAT A TOPOGRAPHIC SURVEY SHOWING THE EXISTING DRAINAGE CHANNEL IS REQUIRED WITH A PLAT AND A DRAINAGE PLAN SHALL
[00:05:01]
BE SUBMITTED AND APPROVED BY OUR CITY ENGINEER.SO THIS IS A SURVEY OF THE PROPERTY THAT SHOWS THE EXISTING DRAINAGE CHANNEL, UM, RUNNING KIND OF NORTH SOUTH ON THE PROPERTY NORTH IS ACTUALLY ON THE LEFT SIDE OF THIS PROPERTY.
UM, SO THE NEED FOR THE DRAINAGE DITCH.
SO WHENEVER THEY DEVELOP THIS PROPERTY, ADDITIONAL RUNOFF FROM THE DEVELOPMENT WILL IMPACT THE CURRENT DRAINAGE OF THE PROPERTY.
THIS DITCH ACTS IN LESS THAN A HUNDRED YEAR EVENT, WATER ENTERS THE DITCH AND GOES TO ROBINSON BAYOU, UM, WATERSHED.
AND THEN DURING A HURRICANE LEVEL EVENT, IT ACTS AS A BALANCING DITCH AND CAN BACK FEED INTO THE BENSON BAYOU WATERSHED TO THE SOUTH.
AND SO IF YOU CAN'T TELL WHERE IT IS, THIS IS THE ACTUAL DITCH AREA OR THE EASEMENT AREA HIGHLIGHTED IN RED
AND SO THIS IS THE PLAT THAT THEY SUBMITTED TO US FOR REVIEW, AND THAT'S UNDER YOUR CONSIDERATION TODAY.
THAT DOES NOT SHOW THAT EASEMENT ON IT.
IF YOU WERE TO OVERLAY THE EASEMENT, IT WOULD LOOK SOMETHING LIKE THIS.
UM, SO IF YOU NOTICE ALSO THE DITCH EXTENDS ON THE RIGHT SIDE OF HEWITT, WHICH IS THE SOUTH SIDE OF HEWITT STREET.
UM, AND THAT PORTION OF THE DITCH, THE EASEMENT FOR THAT PORTION WAS DEDICATED WHEN THOSE PROPERTIES TO THE SOUTHWARE PLATTED, UM, BACK IN 1998.
SO AGAIN, UM, THE PRIMARY ISSUE, UM, RELATED TO THIS PLAT IS THE DRAINAGE EASEMENTS.
UM, WE WENT OVER THE SECTIONS OF CODE THAT ALLOW US TO REQUEST DRAINAGE EASEMENTS ON PLATTING.
UM, THIS PLAT HAS BEEN REVIEWED BY STAFF AND IT WAS DENIED BY MYSELF, THE PLANNING DIRECTOR.
UM, PER OUR ORDINANCE REQUIREMENTS, WE ARE REQUIRED TO BRING A DENIED PLA TO THE COMMISSION, UM, FOR REVIEW AND AFFIRMATION OF THAT DECISION.
AND SO JUST, UM, FOR THE COMMISSION'S KNOWLEDGE, UM, THERE WERE SEVERAL OPTIONS GIVEN TO THE APPLICANT AS WELL.
UM, IF THEY DID NOT LIKE THE LOCATION, OBVIOUSLY IT KIND OF CUTS THE PROPERTY IN HALF.
THERE IS AN OPTION TO REROUTE THAT DRAINAGE DITCH, UM, WITH THE SERVICES OF AN ENGINEER SHOWING THAT THE FLOWS CAN BE MAINTAINED AND IT CAN BE REROUTED SOMEWHERE ELSE ON THE PROPERTY THAT'S LESS INTRUSIVE TO THE PROPERTY.
UM, IF THE APPLICANT BELIEVES THE EASEMENT IS TOO WIDE, UM, THEY CAN ALSO HIRE AN ENGINEER THAT SHOWS THAT THE EASEMENT COULD BE POTENTIALLY REDUCED IN SIZE.
UM, AND THEN FINALLY THEY COULD REQUEST A VARIANCE TO THESE REQUIREMENTS IN THE CODE.
UM, WE DID INDICATE THAT WAS AN OPTION, UM, WHICH THEY DID NOT CHOOSE TO, UM, TAKE UP.
AND SO I AM GOING TO READ ALL OF THIS TO YOU.
SO STAFF RECOMMENDS THE COMMISSION AFFIRM THE DENIAL OF THE PLAT BECAUSE IT OMITS THE DRAINAGE EASEMENT REQUIRED BY THE CITY'S ADOPTED DESIGN STANDARDS AND THE UNIFIED DEVELOPMENT CODE, THE EASEMENT WIDTH REFLECTS THE MINIMUM AREA NECESSARY TO PROVIDE MAINTENANCE ACCESS AND PRESERVE DRAINAGE CAPACITY.
THIS RECOMMENDATION IS BASED ON THE UNIFORM APPLICATION OF ADOPTED REGULATIONS AND PROTECTION OF EXISTING DRAINAGE INFRASTRUCTURE, NOT ON ANY DISCRETIONARY OR PROJECT SPECIFIC EXACTION.
IN ADDITION, OTHER PLAT DISCREPANCIES ARE INDICATED IN THE ATTACHMENT FOUR.
IN YOUR REPORT, YOU RECEIVED, UH, THE DRC PROJECT STATUS REPORT.
I'M HERE IF YOU HAVE ANY QUESTIONS.
I KNOW THE APPLICANT'S HERE ALONG WITH THEIR REPRESENTATIVE AND WOULD LIKE A MOMENT TO ADDRESS THE COMMISSION AS WELL.
UM, MS. SLAUGHTER, ARE YOU HERE WITH THE APPLICANT? YES, SIR.
WILL YOU GET UP THERE AND GIVE US YOUR NAME, UH, ADDRESS, AND I THINK THAT'S IT.
MY NAME IS, UM, MICHELLE SLAUGHTER, M-I-C-H-E-L-L-E, LAST NAME SLAUGHTER, S-L-A-U-G-H-T-E-R.
I AM A PARTNER WITH JOHNSON AND ASSOCIATES HERE IN LAKE CITY, WHICH IS 3 0 3 EAST MAIN STREET, SUITE 100 LAKE CITY, TEXAS 7 7 5 7 3.
UH, I'M HERE ON BEHALF OF MR. AND MRS. REYES, THE OWNERS OF 6 91 HEWITT.
UM, AND I, I PROUDLY AND, AND I'M HONORED TO REPRESENT THEM.
UM, YOU KNOW, THESE ARE, ARE UPSTANDING, WONDERFUL CITIZENS OF LEAGUE CITY AND HAVE BEEN FOR DECADES.
UH, THEY OWN CLEAR LAKE MOVERS, SO THEY ARE PROVIDING JOBS HERE IN THE CITY.
THEY ARE PROVIDING ECONOMIC GROWTH FOR THE CITY.
UH, THEY ARE ARE GOOD LAW ABIDING, TAX PAYING CITIZENS, THE EXACT TYPE OF PEOPLE THAT WE LOVE TO HAVE HERE IN LEAGUE CITY.
AND THEY'RE GREAT PATRIOTS AS WELL.
AND I SAY THIS BECAUSE, UH, THIS WHOLE SITUATION AND, AND YOU KNOW, NO OFFENSE TO, UM, MR. CARPENTER, I'M SURE HE'S A, A WONDERFUL HUMAN BEING, BUT HE FAILS TO UNDERSTAND THAT WHAT THE CITY IS DOING IS COMMITTING A TAKING OF PROPERTY BY AN EXACTION.
UM, ESSENTIALLY HERE, MR. AND MRS. REYES BOUGHT THIS PROPERTY, UH, THREE AND A HALF YEARS AGO BECAUSE THEY WANTED TO BUILD THEIR DREAM HOME.
THEY'VE WORKED HARD THEIR WHOLE LIVES.
THEY FELL IN LOVE WITH THIS PIECE OF PROPERTY AND THOUGHT THIS IS THIS SERENE, BEAUTIFUL PIECE OF PROPERTY.
6.55 ACRES IS EXACTLY WHERE WE WANT OUR DREAM HOME HERE IN LEAGUE CITY.
IT ALREADY HAD AN EXISTING HOUSE ON IT THAT HAD BEEN THERE FOR DECADES.
[00:10:01]
UH, THIS, THIS, YOU KNOW, DRAINAGE, UH, DITCH THAT WE'RE TALKING ABOUT HAS BEEN THERE THAT ENTIRE TIME AS WELL.WITH THAT, WITH THAT HOUSE, IT'S NEVER BEEN AN ISSUE.
THERE'S NEVER BEEN AN ISSUE REGARDING THIS DRAINAGE DITCH.
IT'S ONLY BEEN WHEN MR. AND MRS. REYES BOUGHT THE PROPERTY AND SOUGHT A MINOR REPL TO GET A PERMIT.
SO THEY GOT LENDING FOR BUILDING THIS HOUSE.
UH, THEY HA SIGNED UP A, A BUILDER TO BUILD THIS HOUSE BECAUSE THEY BELIEVED THAT EVERYTHING WAS IN LINE, UH, TO BUILD THIS HOUSE.
THEY HAVE SINCE LOST SEVERAL HUNDREDS OF THOUSANDS OF DOLLARS IN, YOU KNOW, UH, THE, THE LENDING ISSUES, THE BUILDER ISSUES, UM, YOU KNOW, UH, WHERE THE, THE SECOND ATTORNEY, YOU KNOW, OUR FIRM IS THE SECOND SET OF ATTORNEYS ON, ON THIS CASE.
UM, AND, AND SO THEY HAVE BEEN TRYING TO BUILD THEIR DREAM HOME FOR THREE AND A HALF YEARS NOW TO NO AVAIL BECAUSE OF ACTIONS OF THE CITY OF LEAGUE CITY STAFF, AND REFUSING TO ALLOW THIS MINOR REPL.
UM, YOU KNOW, THERE'S SEVERAL ISSUES HERE.
UM, FIRST OF ALL, YOU KNOW, I, I NEED TO SAY THAT, THAT THIS PARTICULAR PROPERTY, AGAIN, I WANNA MENTION A HA AND IT'S IMPORTANT BECAUSE IT ALREADY HAS WATER, SEWER, ELECTRICITY, IT ALREADY HAD A HOUSE THERE.
UH, AND THIS IS A SINGLE PARCEL OF LAND WHERE WE'RE BUILDING A SINGLE FAMILY HOME, ONE SINGLE FAMILY HOME.
THIS IS NOT A, A LENNAR OR A VE, THERE'S NO SUBDIVIDING THIS LAND TO BUILD A BUNCH OF OF PROPERTIES.
UH, IT IT'S REPLACING ONE HOUSE WITH ANOTHER HOUSE.
THAT'S ALL WE'RE TALKING ABOUT HERE.
AND SO, YOU KNOW WHAT WE'VE GOT, AND, AND LET'S TALK ABOUT SOME OF THE FACTS HERE.
SO, YOU KNOW, THIS, THIS DITCH THAT WE'RE TALKING ABOUT, IT'S A SURFACE DITCH.
IT RUNS, YOU KNOW, THE, AS YOU SAW, THE LENGTH OF THE INTERIOR OF THEIR PROPERTY AND, AND BISECTS IT.
AND, UH, THIS DITCH RARELY HOLDS WATER.
AND EVEN WHEN IT DOES, THE WATER DOES NOT LEAVE THE PROPERTY.
IT DOES NOT FLOW TO THE SOUTH AS, UM, AS MR. CARPENTER SAID, IT DOESN'T EVEN REALLY CONNECT TO THAT OTHER EASEMENT DOWN THERE.
THERE'S A SMALL PIPE, THAT'S IT.
AND, AND BECAUSE THE WATER DOES NOT RUN THAT DIRECTION, AND THE ARMY CORPS OF ENGINEERS HAS ALREADY DONE A STUDY AND DECLARED THIS DITCH TO BE ISOLATED, UM, AND IT HAS EXISTED FOR DECADES, THIS DITCH HAS, AND THE PROPERTY IS NOT IN A 100 OR 500 FOOT OR YEAR FLOODPLAIN.
UH, THE MR. AND MRS. REYES DID SUBMIT TO THE CITY A STAMPED ENGINEERING DRAINAGE PLAN.
THAT SHOWS THE, THE FORMER, YOU KNOW, UH, FLOW OF WATER, THE CURRENT, YOU KNOW, OUR, THE, THE FLOW OF WATER THAT WILL, UH, THAT WILL HAPPEN AFTER THE BUILDING OF THE HOME.
UH, THE WATER WILL DRAIN INTO THAT DRAINAGE DITCH.
AND AS I SAID BEFORE, IT'S BEEN THERE ALREADY AND THERE'S NEVER BEEN AN ISSUE.
THE WATER REMAINS ON THE PROPERTY AND DOES NOT IMPACT OTHER PROPERTIES.
IF YOU LOOK AT A MAP, IT DOES NOT CONNECT TO THESE OTHER, UH, YOU KNOW, BAYOU OR, OR DRAINAGE, UH, CANALS THAT THE CITY HAS, THAT THE CITY MAINTAINS.
SO THE, THE CITY STILL CLAIMS THOUGH IT NEEDS THIS EASEMENT AND DEMANDS THAT THE REYES GIVE THE CITY PART OF THEIR PROPERTY.
AND THE AMOUNT OF PROPERTY THAT THEY'RE ASKING THE REYES TO GIVE TO THE CITY FOR FREE IS APPROXIMATELY 1.25 ACRES OF THEIR LAND.
SO THE, THIS IS NOT JUST A, A SMALL LITTLE PIECE OF LAND.
THIS, IT BISECTS THEIR PROPERTY AND, UH, DEVALUES IT, IT MAKES IT HARDER TO BUILD.
IT'S BEEN NEXT TO IMPOSSIBLE TO GET THE BUILDING PERMIT TO, TO BUILD THIS.
UH, AND ON TOP OF THAT, ON TOP OF WANTING THE, THE REYES TO GIVE THE CITY THIS 1.25 ACRES OF THEIR LAND, UH, THE CITY ALSO WANTS THE REYES TO PAY TO MAINTAIN IT.
SO THIS IS A TAKING, IT'S AN CALLED AN EXACTION.
AND WHERE THE, AS A, IN EXCHANGE FOR THE CITY GIVING A PERMIT, THE CITY IS DEMANDING EXACTION FROM THE HOMEOWNER OF THIS EASEMENT, UH, AND PART OF THEIR LAND.
AND SO WHEN YOU HAVE A SITUATION LIKE THAT, IT IS, THE LAW REQUIRES THAT THE CITY PROVE BY CLEAR AND CONVINCING EVIDENCE THAT THIS EASEMENT IS A NECESSITY.
SO IT HAS TO BE PROVEN THAT IT'S A NECESSITY.
AND EVEN IF THEY COULD PROVE IT'S A NECESSITY BY CLEAR AND CONVINCING EVIDENCE, THE CITY ALSO HAS TO PAY THEM FOR IT.
THE CITY HAS NOT EVEN OFFERED TO PAY FOR THIS EASEMENT AND THIS TAKING.
AND ON TOP OF IT, THE, UH, SO THIS IS AN ILLEGAL, UNCONSTITUTIONAL REGULATORY TAKING OF PRIVATE PROPERTY.
AND, UH, FRANKLY, THE CITY HAS NO PROOF OR EVIDENCE.
THEY KEEP SAYING, WELL, WE HAVE THESE FINDINGS.
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DO YOU HAVE? THERE'S NO STAMPED ENGINEERING REPORT FROM THE CITY.THERE'S NO HY HYDROLOGY STUDY FROM THE CITY.
THERE'S NOTHING, NOTHING TO DEMONSTRATE THAT THIS EASEMENT CREATES ANY ISSUE AT ALL FOR ANY KIND OF BLOOD PROGRAM FOR THE CITY.
AND THAT'S GONNA BE, IF, IF THIS GOES TO COURT, THAT'S WHAT'S GONNA BE, THE CITY HAS TO PROVE THAT THERE'S EVIDENCE CLEAR AND CONVINCING EVIDENCE OF THIS NECESSITY.
ALSO, THE CITY STAFF IS TRYING TO FIT A SQUARE PEG INTO A ROUND HOLE HERE.
UH, THEY'RE TRYING TO IMPOSE RESTRICTIONS ON THE REYES, UH, THAT ARE RESERVED FOR SUBDIVISION BUILDERS.
PEOPLE LIKE LENNAR OR VE HOMES.
UM, AND, AND THE REYES, THEY'RE A COUPLE.
THEY'RE NOT LENNAR OR VE AGAIN, THEY'RE TRYING TO BUILD A SINGLE FAMILY HOME ON A PARCEL OF LAND WHERE THERE ALREADY EXISTED PREVIOUSLY A HOME.
AND SO THERE'S NO DEVELOPMENT OF THIS, THIS PROPERTY.
UM, AND SO, YOU KNOW, THE, AS THE MR. UM, CARPENTER POINTED OUT, YOU KNOW, AS JUSTIFICATION, THE CITY APPOINTS TO THE UNITED DEVELOP, OR EXCUSE THE UNIFIED DEVELOPMENT CODE.
AND THAT REALLY HA THOSE PROVISIONS ARE MEANT FOR THESE SUBDIVISION BUILDERS LIKE LENNAR RE.
SO FOR INSTANCE, SECTION 5.4 0.2, WHEN YOU READ IT, IT APPLIES TO QUOTE, IMPROVEMENTS NEEDED TO ADEQUATELY SERVE A PROPOSED DEVELOPMENT.
AND EVEN THEN, IF THE CITY STAFF INSISTS ON TREATING THE REYES LIKE A, A NAR OR LARGE OTHER LARGE DEVELOPER, THAT SECTION ALSO PROVIDES THAT THE CITY DOES NOT GET TO OWN DRAINAGE CHANNELS.
BUT YET HERE THE CITY IS REQUIRING THE, THE REYES TO GIVE TO THE CITY THIS PROPERTY.
AND SO THIS SECTION, QUITE FRANKLY, JUST DOES NOT APPLY.
THEN YOU LOOK AT SECTION 5.5 B, IT AGAIN REFERS TO A SUBDIVISION.
AND THEN THIS SECTION FOCUSES ON AN OPEN DITCH DESIGNATED A MAJOR DRAINAGE ARTERY.
THIS IS NOT A MAJOR DRAINAGE ARTERY, IT IS A SURFACE DITCH.
IT DOESN'T CONNECT TO ANYTHING.
IT RARELY HOLDS WATER AND IT KEEPS THE WATER CONTAINED TO THE PROPERTY.
SO THIS SECTION DOES NOT APPLY.
LAST WE HAVE SECTION, THIS AGAIN REFERS TO A DEVELOPER BUILDING A SUBDIVISION.
IT STARTS WITH PRIOR TO APPROVAL OF A SUBDIVISION.
AND AGAIN, THE REYES ARE BUILDING ONE SINGLE FAMILY HOME.
AND ALSO THAT SECTION STATES THAT A TOPOGRAPHIC MAP OF THE EXISTING DRAINAGE CONDITIONS AND A PROPOSED DRAINAGE PLAN SHALL BE SUBMITTED.
IT WAS, THERE IS A STAMPED ENGINEERING PLAN THAT WAS SUBMITTED TO THE CITY SHOWING THE DRAINAGE AND THE TOPOGRAPHY.
AND, UM, SO I GO BACK TO WHERE'S THE CITY'S EVIDENCE TO REBUT ANYTHING THAT THE REYES HAVE PRESENTED TO THE CITY.
THERE IS NOTHING, THERE'S NO STAMP STAMPED ENGINEERING PLAN BY THE CITY.
THERE'S NO TOPOGRAPHICAL STUDY BY THE CITY.
THERE'S NO, UH, YOU KNOW, HYDROLOGY STUDY THAT IT IS EVIDENCE THAT THEY CLAIM DOESN'T EXIST.
AND, AND SO BECAUSE THERE IS NO BASIS FOR THE CITY TO TAKE THIS LAND FROM THE REYES, WE RESPECTFULLY REQUEST THAT THE PLANNING AND ZONING COMMISSION REJECT THE STAFF'S RECOMMENDATION AND RECOMMEND THE APPROVAL OF THE MINOR REPL OF 6 91 HEWITT SO THAT THE REYES CAN FINALLY BUILD THEIR DREAM HOME.
I'LL BE HAPPY TO TAKE ANY QUESTIONS.
WELL, THANK YOU FOR PRESENTING.
UM, IS THERE ANYBODY ELSE THAT WOULD LIKE TO SPEAK ON BEHALF OF THE APPLICANT OR IS THIS IT JUST YOU? IT'S, IT'S JUST ME.
UM, UNLESS MR. REYES COULD BE GIVEN A COUPLE MINUTES, UH, IF, IF YOU, IF YOU WOULD LIKE TO PLEASE.
I HAVE BEEN GOING ON THIS MERRY-GO-ROUND WITH THE CITY SINCE WE BOUGHT THAT PROPERTY.
I HAVE SAT IN MEETINGS WITH CHRIS CARPENTER, CHRIS SIMS AND VIDEOS, UM, ABOUT WHAT THEY WERE ASKING FROM US FROM THE GET GO.
AND MY WIFE AND I ARE REASONABLE PEOPLE, AND I KNOW THEM HERE AT CITY 'CAUSE I MOVE CITY HALL HERE.
I PUT THE SEATS IN THESE OFFICES HERE.
BUT THE THING IS THIS, WE WERE, WE WERE SPEAKING CHRIS SIM THAT IS HERE, UM, OR CHRIS JOHNSON, I SHOULD SAY CHRIS CARPENTER.
CHRIS, TOO MANY, LOTS OF CHRISS.
BUT, UM, YOU KNOW, WE'RE REASONABLE PEOPLE.
AND I SAID, WHAT COULD WE DO TO HELP? BECAUSE HERE'S WHAT HAPPENED.
WE'VE ALREADY HAD ENGINEERING COMPLETED.
WE'VE ALREADY HAD SURVEYS DONE.
WE'VE ALREADY HAD EVERYTHING UNDER THE SUN FINANCING IN PLACE AT THE FOUR POINT, UH, INTEREST.
[00:20:01]
TO GO AT THE FINAL MOMENT WITH CHRIS CARPENTER AND CHRIS SIMS WITH BRENDA VERNEY AND THE HIGH TIDE.THEY SAT THERE AND SAID, BRENDA SAID, WE HAVE A PROBLEM.
UM, THEY WANNA SLAP IN A MAINTENANCE EASEMENT.
THEY CALLED IT ON THAT DITCH THAT TIM WOODS THAT YOU BOUGHT IT FROM, ALLOWED AS A, UH, AS A FAVOR TO THE CITY UNDER, UM, JOHNNY AFO.
UM, 'CAUSE THEY HAD A, UH, A DRAIN WATER, UH, ISSUE BEFORE THE POWER STREET.
UM, ARMY CORPS OF ENGINEERS DRAINAGE WAS BUILT.
SO THEY, THE PROPERTY OWNERS DID THAT AS A FAVOR ON A HANDSHAKE WITH THE CITY.
THE CITY'S NEVER HAD ANY JURISDICTION, ANY EASEMENT, ANY DEED.
TIM WOODS SAID TO ME, MY MOTHER RAN 'EM OFF OUR PROPERTY BECAUSE SOON AS WE ALLOWED THE DITCH TO BE BUILT, OUR PROPERTY NEVER FLOODED UNTIL MY FATHER ALLOWED TO DITCH ON OUR PROPERTY.
AND THEN THEY STARTED TEARING OUR TREES DOWN AND CUTTING OUR TREES DOWN.
AND MY MOTHER RAN THE CITY OFF THAT DITCH HAS NEVER BEEN MAINTAINED BY THE CITY EVER UNTIL
WE CLEANED IT $40,000 WHEN WE BOUGHT IT TO CLEAN THAT PROPERTY DOWN THE STREET ON 6 91 HEWITT FROM SOME OF THE PEOPLE THAT, THAT ARE EVEN HERE THAT SEEN US CLEAN THAT PROPERTY.
WE'RE TALKING $40,000, TWO WEEKS OF WORK WITH MY WORKERS AND RANCH HANDS, UH, 40 YARD DUMPSTERS FULL OF DEBRIS THAT WAS IN THAT DITCH.
THERE'S NOT, THERE IS NOT AN EASEMENT ON DR.
GARMIN'S END OF THE PROPERTY THAT JUST BOUGHT NEXT DOOR WHERE THAT DITCH RUNS INTO HER PROPERTY.
THEY DON'T, SHE DON'T, SHE SAID, I AM NOT GIVING AN EASEMENT.
I'M NOT GOING TO HAVE THAT TORN UP.
UM, ALL THIS HAS BEEN GOING ON SINCE DAY ONE.
WE SAID TO, TO CHRIS, UH, CARPENTER AND CHRIS SIMS, WHAT COULD WE DO TO HELP THE CITY WITH THIS? IF THERE'S A DRAINAGE ISSUE, WHAT COULD WE DO TO HELP? AND I SAID, WE CAN, YOU KNOW, SPLIT COSTS AND CULVERTS, WHATEVER.
THEY SAID, NO, YOU'RE GONNA PAY FOR EVERYTHING.
IF YOU'RE GONNA DO ANYTHING, WE'RE, WE DON'T PAY FOR ANYTHING.
TAXPAYERS ARE NOT GONNA PAY FOR IT.
I SAID, WELL, WHAT'S THE MATTER WITH LEAVING THE DITCH ALONE? IT'S BEEN THERE FOR 40 YEARS.
WHY WOULD YOU WANNA CHANGE IT NOW TODAY? WELL, HE COULDN'T ANSWER THAT.
I SAID, WHAT KIND OF MAINTENANCE WILL YOU BE DOING IF WE GRANT YOU A DEED AND AN EASEMENT? WHAT KIND OF MAINTENANCE WILL YOU BE DOING ON THAT DITCH OR ON OUR PROPERTY? HE SAID, NONE.
YOU'RE GONNA GIVE US A DEED IN THE JURISDICTION AND, AND THAT THAT AUTHORITY OVER THAT.
WE'RE GONNA WANT 65 FEET FROM THE CENTER OF THAT DITCH OUTSIDE OF THAT DITCH OF YOUR PROPERTY.
YOU'RE GONNA HAVE TO MAKE AN ENTRYWAY SOMEWHERE ON THE PROPERTY FOR US TO GET OUR EQUIPMENT IN HERE.
AND YOU CAN DO NOTHING WITH THAT PROPERTY THAT YOU'RE, YOU'RE GONNA GRANT US.
WE CLEANED THE DITCH AFTER 40 YEARS.
WE HAVE THE JOHN DEERES AND WE HAVE MY NEXT DOOR NEIGHBOR, VIRGINIA AND FRED SEAFIELD.
THEY DO OUR CLEAN OUR PROPERTY EVERY WEEK.
'CAUSE WE RUN OUR DOGS THERE BECAUSE CAN CLEAN THAT OUT.
WE DON'T NEED YOUR HELP CLEANING IT, OR WE SURELY DON'T NEED TO TURN OVER OUR PROPERTY TO YOU AND THEN YOU TELL US WE CAN'T DO NOTHING WITH IT.
SO WE DON'T NEED YOU TO TAKE OUR PROPERTY AND TELL US YOU'RE GONNA DO NO MAINTENANCE ON IT THAT WE ARE AND JUST GIVE IT TO YOU.
THEY SAID, IF YOU DO NOT GRANT US A DEED, WE WON'T GRANT YOU YOUR PERMIT.
I, I WAS GONNA GO TO CITY COUNCIL.
I MET WITH THIS YOUNG LADY HERE, UM, IF SHE'S A CITY ATTORNEY.
I MET WITH HER, WITH THE MAYOR PRIVATELY BECAUSE THEY DIDN'T WANT TO GO TO COUNCIL.
I WANTED TO BRING IT UP TO COUNCIL AND BRING IT UP TO THE PEOPLE SITTING ON COUNCIL.
'CAUSE I THINK IT'S JUST, IT'S NOT RIGHT.
SOMETHING IS WRONG WHEN SOMEBODY SAYS, WE WANT YOU TO GIVE US THIS.
WE'RE REASONABLE PEOPLE MAKE SOME SENSE OUT OF IT.
WE'RE MORE THAN WILLING TO GIVE SOMETHING IF IT'S NEEDED.
BUT IF IT DOESN'T MAKE SENSE, WE JUST WANT IT.
THERE'S NO, NO, NO RESPONSIBILITY FOR WANTING IT ON THE CITY'S BEHALF.
YOU ARE, YOU'RE GONNA MAINTAIN IT.
SO WHY GIVE IT, WHY TAKE OUR, GIVE YOU AN ACRE AND A QUARTER OF OUR LAND THAT WE PAID FOR AND WE DOWNRIGHT OWN.
THERE WE'RE THREE, ALMOST FOUR YEARS OF NOTHING BEING DONE THERE AT ALL.
[00:25:01]
WE LOST WELL OVER 300 AND SOMETHING THOUSAND DOLLARS.THE FIRST BUILDER, WHO WAS A FRIEND OF OURS, UM, IN HIS BUILD UP HALF A SOUTH SHORE HARBOR HERE.
HE, HE SAID, MY TIME AND MY MONEY AND YOUR DOWN PAYMENT, I HAVE TO KEEP IT DAVE.
WE YOU'RE A FRIEND, BUT WE'VE DONE SOME WORK.
WELL, WE'RE STILL HERE WITH NO, NOT EVEN A PIECE OF DIRT TILL, I MEAN, WE NEED TO GET SOMEWHERE WITH THIS.
WE DIDN'T BUY THAT PROPERTY TO BE A WASTE WITH NOTHING TO DO THERE.
UM, WE'D LIKE TO BUILD OUR HOME.
WE HAVE BEEN ON A MERRY-GO-ROUND WITH THE CITY AND THEIR ENGINEERING DEPARTMENT.
WE'VE HAD ACTUALLY CHRIS CARPENTER THE FIRST TIME AROUND THREE YEARS AGO SAID, OH, JUST GIVE IT TO THEM.
TELL HE TOLD BRENDA TO VER THAT.
GO AHEAD AND LET 'EM, LET 'EM BUILD.
MY WIFE SAID WE'RE GONNA BUILD.
AND THEY'RE NOT, THEY'RE NOT GONNA GIVE US OUR OCCUPANCY.
WE NEED TO MAKE SURE THIS THING IS NIPPED AND TAKEN CARE OF.
WE DON'T WANT TO BUILD A TWO AND A QUARTER MILLION DOLLAR HOUSE ON A PIECE OF LAND THERE.
AND THEN WE CAN'T GO INSIDE OF IT AND LIVE WITH OUR ANIMALS, WITH OUR BARNS.
I BOUGHT THAT LAND 'CAUSE WE RESCUE, WE CONTRIBUTE TO THE CITY, TO THE SHELTER.
ALL THAT I WOULD LIKE, SOMEWHERE ALONG THE WAY HERE.
THIS IS, IS NOT A, THIS IS NOT A DIFFICULT THING.
THE DR THE DITCH HAS BEEN DRAINING.
WHEN IT DOES, IF IT EVER DOES, ACTUALLY ON OUR SIDE WHERE OUR PROPERTY IS, IT GOES TO THE ARMY CORPS ENGINEERS, IF IT TRIES TO FLOW, IT'S BACKED UP AT DR.
GARMIN'S PROPERTY DOESN'T EVEN FLOW.
AND ON THE OPPOSITE SIDE OF HEWITT, JOHN, UH, THE CITY, UH, MANAGER CAME INTO MY PROPERTY AND WALKED WITH ME AND HE SHOWED ME, THE OTHER SIDE GOES SOUTH TOWARDS DICKINSON TO WHERE LAKE CITY'S, UH, ON DICKINSON STREET.
AND I'M LIKE, SEE, IT'S GREAT THE WAY THEY HAVE IT GRADED AND THE CULVERTS THERE ON THE NORTH SIDE OF HEWITT, IT, IT DUMPS AT MY PROPERTY.
I HAVE PICTURES OF GARBAGE BEER CANS, DEBRIS, PAPER PLATES, EVERYTHING FROM HEWITT STREET THAT THE WIND BLOWS DUMPS IN MY PROPERTY, LIKE IT'S A GARBAGE DUMP EVERY WEEK.
I'M OUT THERE WITH MY MEN PICKING UP OLD BEER CANS, OLD BEER BOTTLES, OLD PAPER PLATES.
AND I TOLD THE CITY ALSO, YOU WANNA A MAINTENANCE EASEMENT, START CLEANING, SEND YOUR CREWS OUT HERE AND CLEAN THESE CULVERTS UP EVERY WEEK.
AND JOHN UH, SAID, I'LL WE'LL PUT SIGNS UP HERE FOR PEOPLE LO UH, LITTERING TO FIND THEM $10,000.
BUT I REALLY THINK IT'S JUST BLOWING FROM PEOPLE PUTTING THEIR GARBAGE OUT IN THE STREET WHEN IT'S PICKUP.
LET'S TRY TO GET TO A POINT TO WHERE MY WIFE, WHOSE HEALTH IS TAKING A TURN IN THE PAST 24 MONTHS SEVERELY, THAT I CAN GET US IN OUR HOME AND BE NEIGHBORS TO SOME OF THE EVEN PEOPLE THAT ARE HERE.
UM, THAT'S, MY NEIGHBORS ARE WAITING FOR US TO MOVE IN.
THEY, THEY ARE, THEY'RE GREAT NEIGHBORS.
THEY'RE LONGTIME FRIENDS OF MINE AND THEY KNOW ABOUT THIS HOLDUP.
I, I REALLY DON'T HAVE ANY MORE ANYTHING TO SAY.
THERE WE HAVE A WHOLE ITINERARY OF THE SHENANIGAN STUFF THAT'S BEEN GOING ON IN MERRY-GO-ROUND WITH THREE DIFFERENT ENGINEERING FIRMS. I MEAN, THIS HAS TO COME TO, UH, SOME TYPE OF AN AGREEMENT OR, AND TODAY, OR YOU KNOW, WE'RE GONNA PURSUE DIFFERENT, A DIFFERENT ROUTE.
WE, WE WOULD LIKE TO JUST BE PEACEFUL AS WE HAVE BEEN IN THIS, IN THIS CITY AND GET OUR BUILD STARTED.
HE JUST, WE, WE, IT'S BEEN APPROVED.
BUT YOU KNOW WHY IT WAS APPROVED AND WE USED TO RE RETRACTED BECAUSE THE BUILDERS DID NOT ADHERE THAT WE DON'T WANNA DIVIDE OUR LAND IN HALF WITH AN EASEMENT.
THEY'RE, THEY'RE, THE BUILDERS ARE LOOKING FOR GETTING THAT 2.5 MILLION BILL.
SO THEY'RE GONNA AGREE WITH THE CITY AND SAY THEY SLIPPED THE EASEMENT IN THERE AND SUB AND SUBMITTED THE TO PLANNING AND BUILDING DEPARTMENT.
WHO AGREED TO THAT? WHO TOLD YOU TO DO THAT? THAT'S NOT WHAT WE, THAT'S NOT PART OF WHAT IT IS.
SO WE RETRACTED AND WE HAD TO FIND COUNSEL THAT, THAT HAD THE GUTS TO STAND UP HERE ON OUR BEHALF TO DO WHAT'S RIGHT HERE.
THE RIGHT THING TO DO IS THE RIGHT THING TO DO.
UM, I'LL ASK, IS THERE ANYBODY ELSE THAT WOULD LIKE TO SPEAK ON BEHALF OF THE APPLICANT?
UM, WELL YOU'VE GIVEN US QUITE A BIT TO, UH, TO REVIEW.
UM, SO, UH, WITH THAT, DO WE HAVE ANY QUESTIONS FROM THE COMMISSION? NO QUESTION.
AND, AND HOLD ON, HOLD ON, ANGIE, BEFORE WE DO,
[00:30:01]
SHOULD WE START, I THINK, CAN WE START AT ONE END OR YEAH.SHOULD WE START AT ONE END AND JUST WORK OUR WAY DOWN? I THINK IT'D BE A LITTLE EASIER FOR ME TO FOLLOW.
SO I HAVE A QUESTION FOR CHRIS.
IF YOU, IF YOU'LL, WHEN YOU HAVE A QUESTION, IF YOU'LL DIRECT IT EITHER TO THE CITY OR TO THE APPLICANT.
SO HELP ME UNDERSTAND THE, UM, THE SEQUENCE OF EVENTS.
THE GENTLEMAN WE JUST HEARD FROM MR. REYES, HE HAS SUBMITTED HOW MANY PLANS IN THE FOUR YEARS? WE'VE HAD THREE DIFFERENT PLAT APPLICATION SUBMITTALS.
AND, UM, THAT WAS IN THE LAST FOUR YEARS? YES, I BELIEVE IT WAS.
AND THE HOUSE WAS GONE BEFORE THEY PURCHASED IT.
UM, I, NO, FOLLOWING MARCH WE TORE THAT HOUSE DOWN, UH, IN GREENWOOD.
YOU WANT, WE, WE IF YOU THE HOUSE.
YEAH, IF YOU COULD COME UP TO THE MICROPHONE PLEASE.
WE, WE, WE, WE DEMOED THE HOUSE.
IT WAS PART OF THE BUILD AND CITY WAS INVOLVED WITH THAT AND PERMITTED THAT.
MIND YOU, EVERYTHING WAS GOING GREAT, EVEN WITH CHRIS AND CHRIS SIMS AND EVERYTHING WAS GOING GREAT.
IT'S JUST RIGHT AT THE FINAL MOMENT WE WANT AD AND AN AN EASEMENT ON THIS.
AND WE NEGOTIATED, UM, IN THE VIDEO, YOU AND I AND CHRIS, UM, AND SHE, MARK AND EVERYBODY ELSE.
BUT WHEN IT CAME TO THE POINT, WHAT, WHAT KIND OF MAINTENANCE WILL YOU BE DOING? NONE.
WHAT KIND OF CLEANING? WE, NONE.
YOU'RE GONNA DO IT AND YOU'RE GONNA HAVE TO DO THIS AND GIVE US THIS THING.
JUST LEAVE EVERYTHING THE WAY IT HAS BEEN.
IF WE DON'T CONCRETE IT, DON'T DO ANYTHING IF WE NEED TO ADJUST IT, BUT WE'D LIKE TO GET OUR BILLS STARTED.
AND YOU, YOU DID AGREE BACK THEN YOU AGREED.
THEY SAID TO WELL IF, IF WE MR. REYES, I DON'T MEAN TO INTERRUPT.
BUT IF, IF WE COULD JUST KIND OF STICK TO THE QUESTIONS AND THEN THE ANSWERS, WE DEMOED IT.
IF, IF WE COULD JUST HAVE THE QUESTIONS THEN THE ANSWER FOLLOWED BY THE ANSWER, UH, THAT'D GIVE US TIME TO CONSIDER MORE.
I UNDERSTAND YOUR, YOUR PASSIONATE ABOUT THIS, UM, MS. MORRIS.
THE DRAINAGE PLAN THAT'S ENGINEERED, THAT WAS SUBMITTED TO THE CITY DO THAT DID NOT GO ALONG WITH THE MOST RECENT, UM, APPLICATION THAT THEY SUBMITTED.
UM, I'D PROBABLY DEFER THAT TO CHRISTOPHER SIMS TO SPEAK TO.
UM, WHAT I RECALL ON THE DRAINAGE PLAN WAS, IT WAS FOR THE SITE ITSELF.
SO IT, IT WOULD SHOW THE FOOTPRINT OF THE HOUSE AND THEN THE DRAINAGE PATTERN ON THE LOT.
SO, BUT NOT WITH THE MOST RECENT PLAT, WHICH IS THE SUBJECT OF THIS MEETING.
YOU KNOW, I DON'T BELIEVE IT WAS RESUBMITTED.
I THAT WAS THE, UH, EITHER FIRST OR SECOND.
UH, I'M SORRY, I JUST WANNA, I JUST WANNA, UM, CORRECT THAT MISUNDERSTANDING BY, UM, MR. SIMS HERE.
THERE WAS AN ADDITIONAL, UM, PLAT THAT WAS PAID FOR, YOU KNOW, OR EXCUSE A, A DIFFERENT, UM, UH, YEAH, THE MORE THAN ONE.
THE MOST RECENT ONE SUBMITTED BY HIGH TIDE, UM, REGARDING THE, THE FLOW OF WATER ON THE PROPERTY, UH, BOTH IN, WHEN THE PREVIOUS HOUSE WAS THERE, AND THEN ALSO, UH, WITH THE WHAT THE, WHAT THE REYES'S PLAN TO BUILD ON THIS HOUSE, WHAT THAT WOULD LOOK LIKE.
UM, IF WE HAVE QUESTIONS WE'LL CALL ON YOU SPECIFICALLY.
I JUST WANTED TO CORRECT IN THE STATEMENT.
AND IF YOU, YOU'LL JUST GIVE US A CHANCE TO GO THROUGH THE PROCESS HERE AND, UH, WE'D APPRECIATE IT.
HOW LONG HAS THE EASEMENT BEEN ON THE PROPERTY? WAS IT THERE WHEN IT WAS SOLD TO THE REYES? IS IT A NEW EASEMENT? NO, THERE, THERE IS NO EASEMENT CURRENTLY ON THE PROPERTY.
THAT IS THE REQUEST OF THE PLAT.
SO WHEN THEY BOUGHT IT, THERE WAS NO EASEMENT? NO SIR.
THE ONLY THING ON THERE IS THE ACTUAL, UM, DITCH ITSELF.
THAT'S WHAT WE'RE REQUESTING AS PART OF THIS PLATTING PROCESS.
[00:35:03]
OKAY.UM, I'M ASSUMING THERE WAS LIKE THAT, 'CAUSE I WAS LOOKING UP THE SURVEY, LIKE WHEN IT WAS ORIGINALLY BOUGHT AND I SEEN THAT THE DITCH WAS ON THERE SO THERE WAS NO EASEMENT.
SO NOW THAT HE'S UPDATING AND MAKING MODIFICATIONS, THE ORDINANCE IS KICKING IN AND TAKING THAT'S CORRECT.
SO OUR, OUR PLATTING ORDINANCE, UM, THOSE, THOSE SECTIONS THAT I QUOTED EARLIER ARE RELEVANT TO A PROPERTY THAT'S BEING PLATTED.
AND SO THAT IS OUR, WE HAVE THE ABILITY AT THAT TIME TO REQUEST THE EASEMENTS THAT ARE NEEDED BASED ON THAT DEVELOP.
AND IT'S 65 FEET ON EACH SIDE OF THE DITCH? NO SIR.
IT'S A 60 FOOT TOTAL EASEMENT.
SO NO MATTER WHAT, HE'S STILL ALWAYS GONNA HAVE A DITCH RUNNING THROUGH HIS DI YES SIR.
AND SO WHETHER YOU GUYS HAVE THE EASEMENT OR NOT, SO IT'S NOT LIKE HE'S TRYING TO GET RID OF THE DITCH.
SO THE EASEMENT ENSURES THAT THE DITCH CANNOT GET, BE GOTTEN RID OF AND IT GIVES US RIGHTS OF ACCESS.
WE DON'T OWN THE DITCH, IT JUST GIVES US THE RIGHT TO ACCESS IT AND MAINTAIN IT IF NECESSARY.
SO IT'S NOT A DEED, IT WOULD NEVER BE DEEDED OVER TO US.
IT WOULD JUST BE AN EASEMENT OVERLAID ON THE PROPERTY.
UM, EACH ONE OF YOU PROBABLY HAVE EASEMENTS ON YOUR PROPERTY IN THE REAR YARD FOR UTILITIES, STUFF LIKE THAT.
SO THIS IS JUST ONE FOR DRAINAGE TO ENSURE THAT THAT CORRIDOR IS MAINTAINED.
IF, DO YOU MIND, I GOT A QUESTION FOR YOU, SO IF YOU DON'T MIND, LIKE IF THE DITCH WAS ALREADY THERE.
'CAUSE I LOOKED UP THE SURVEY FROM WHEN IT WAS ORIGINALLY BOUGHT IN 22.
SO, AND IT WAS, IT WAS HIGH TIDE WAS A SURVEY COMPANY.
YOU DON'T HAVE ANY PLANS OF NO FILLING IN THE DITCH? NONE.
ACTUALLY WE WANTED, WE THOUGHT IT WAS A GREAT LOOK, TIM WOODS WHO OWNED IN THE WOODS FAMILY SINCE 1940 SOMETHING.
BUT WHAT IS THE REASON, LIKE WHY DON'T YOU GRANT, IS IT JUST 'CAUSE THEY, THE CITY HAS THE ABILITY TO ACCESS AND COME ON THE PROPERTY? THAT'S, THAT'S ONE THING.
SO, SO WHEN WAS THE LAST TIME, THE QUESTION IS, IS LIKE YOU SAID, THEY HAVEN'T MAINTAINED IT IN 40 YEARS.
SO WHEN WAS THE LAST TIME THAT THEY'VE EVER AC LIKE, I FEEL LIKE YOU SPENT A LOT OF TIME, YOU, YOU SAID YOU, YOU LOST THE RATES OF 4%.
LIKE WHAT IS THE, IF YOU'RE NOT GONNA FILL IN THE DITCH AND YOU'RE NOT GONNA CHANGE IT, I'M NOT REALLY UNDERSTANDING WHAT'S THE, WHAT'S, WHY, WHY ARE YOU GOING BATTLING THE CITY IF YOU'RE LIKE, HEY, YOU NEED 30 FEET, FEET ON EACH SIDE THAT GIVES YOU THE ABILITY TO COME INTO THIS HOUSE OR THIS AREA.
BUT THEY HAVEN'T BEEN THERE IN 40 YEARS TO MAINTAIN THE DITCH.
WHAT IS THE, LIKE YOU, IT FEELS LIKE IT'S NOT A WASTED EFFORT.
WE WERE TOLD FIRST THAT WE CAN'T DO NOTHING WITH THAT SECTION OF LAND.
SO WHEN WE SAW THAT DITCH, WE THOUGHT THAT WOULD BE A GREAT WATER FEATURE THERE.
THERE'S DUCKS, YOU KNOW, IN PONDS AROUND THERE.
I SAID WE CAN BEAUTIFY IT, WE CAN PUT RIVER ROCK, WE COULD DIG.
I HAD A POND ACTUALLY THAT MY POND DIGGERS, IF I WOULDN'T HAVE KNOWN BETTER, THAT POND WOULD'VE BEEN DUG BEFORE I'D KNOWN BETTER.
AND THEN WE'D BE SINGING A DIFFERENT SONG HERE.
UM, BUT THE, THE REASON IS THE CITY WITH THEIR PRESENTATION AT THE TIME WITH THESE TWO GENTLEMEN, TWO MEETINGS, MIND YOU WITH THE BUILDER, THEY, BRENDA DEVER.
AND THEY MADE IT VERY CLEAR THAT WE CAN DO NOTHING WITH THAT PARTIAL OF LAND, WHICH TOLD US TO AN ACRE AND A QUARTER THAT WE OWN.
WE CAN'T DO BEAUTIFY IT, WE CAN'T DO ANYTHING OUTSIDE THE 30 FEET ON BOTH SIDES.
SO WE EVEN PRESENTED OUR REALTORS HERE, UH, THAT SOLD US THE LAND.
HE, WE, WE EVEN PROPOSED WHY DO YOU NEED BOTH SIDES? WHY DON'T WE, WE TALK ABOUT JUST GIVING YOU ONE SIDE SO YOU HAVE ACCESS ON ONE SIDE.
IF YOU'RE, THEN IT GOT TO WHEN WILL YOU BE CLEANING IT OR MAINTAINING IT? AND THE ANSWER WAS NEVER, NOT AT ALL.
YOU'RE GONNA GIVE US THE DEED OR YOU'RE GONNA GIVE US THE EASEMENT.
YOU'RE GONNA MAINTAIN IT, CLEAN IT, IT'S YOURS OR YOUR RESPONSIBILITY.
WE JUST WANT AUTHORITY OVER IT.
I SAID, THAT DOESN'T SOUND RIGHT.
YOU HAVEN'T HAD AUTHORITY OVER IT EVER.
THE OWNER THAT SOLD THIS TO THIS LAND HAS MAINTAINED IT HIMSELF WITH HIS MOTHER.
WE MAINTAINED IT AFTER 40 YEARS.
SO I, I, SO I, I DON'T WANT, I DON'T, I DON'T WANT TO SEPARATE MY LAND DOWN THE MIDDLE WITH AN EASEMENT THAT'S NOT NECESSARY TO BE THERE.
SO IF YOU WERE TO BE ABLE TO GET IT APPROVED WITHOUT AN EASEMENT, COULD THAT EVENTUALLY BE FILLED IN? I WOULDN'T DO THAT.
YOU KNOW, BUT IT IS THAT RIGHT CHRIS? COULD IT BE FILLED IN? I THINK WE WOULD HAVE AN ARGUMENT THAT IT SHOULDN'T BE, BUT UM,
[00:40:01]
WITHOUT AN EASEMENT, IT MAKES IT A MUCH MORE DIFFICULT ARGUMENT FROM THE CITY STANDPOINT.WITH AN EASEMENT, IT'S CLEAR THAT YOU CANNOT FILL IN THIS DITCH.
IT'S AN EASEMENT FOR THIS DRAINAGE CHANNEL WITHOUT THAT.
SO COULD YOU DO LIKE A SPECIAL USE, LIKE A, I GUESS LIKE A, LIKE MAKE AN EXCEPTION ON SOMETHING LIKE THAT? NOT SURE WHAT WHAT YOU MEAN A VARIANCE, A BEARING? YEAH.
FOR THE, TO BE LIKE, HEY, IF WE, WE CAN APPROVE THIS, BUT YOU CAN'T FILL IN THIS DITCH.
SO THE EASEMENT IS THAT METHOD.
I GUESS I'M STILL UNDERSTANDING, LIKE, I DON'T KNOW, IT, IT FEELS LIKE WE'RE GOING UPHILL TRYING TO FIGHT WITH THE CITY AND THAT, SO LIKE YOU BOUGHT A PIECE OF DIRT IN JURISDICTIONAL AREA AND SO IT ALREADY HAD THE DITCH.
SO THEY'RE JUST SAYING, HEY, IF YOU'RE GONNA UPDATE IT AND BRING IT UP, MY UNDERSTANDING IS THEY'RE GONNA, YOU ARE PUTTING THE NEWER REGULATIONS AGAINST IT.
WE'RE JUST, ALL WE WANT TO DO FROM THE CITY STANDPOINT IS ESTABLISH THIS EASEMENT OVER IT SO IT CANNOT BE FILLED.
AND IF WE NEED TO ACCESS IT TO, UM, AND MAKE SURE THAT IT IS DRAINING PROPERLY, WE HAVE THAT ABILITY TO DO THAT WITHOUT GETTING INTO A LEGAL BATTLE WITH THEM.
SO CHRIS, LET ME ASK YOU, WHAT IF, IF, IF THE CITY HAS NO STUDIES THAT SHOW, UM, LIKE MR. REYES IS SAYING THAT THIS GOES NOWHERE, IT DOESN'T FLOW INTO ANYWHERE.
IT'S, THEY HAVE STUDIES THAT ARE SHOWING IT GOES NOWHERE.
WHERE ARE THE STUDIES THAT THE CITY FEEL LIKE THEY NEED TO HOLD ON TO THIS STITCH? SURE.
YEAH, THAT'S DEFINITELY GONNA BE A CHRISTOPHER SIMS QUESTION.
UM, HE'LL BE ABLE TO ANSWER THAT MUCH MORE INTELLIGENTLY THAN I CAN.
UM, SO THE, THE DRAINAGE STUDIES THAT WE HAVE, UH, WE HAVE SOME, AND I APOLOGIZE, I CAN'T GIVE YOU THE EXACT YEARS, BUT WE HAVE ONE, I BELIEVE FROM THE LATE SIXTIES OR EARLY SEVENTIES, UH, THAT SHOW THE DITCH IN IN QUESTION THE, THE CONSTRUCTION OF THAT.
AND THEN WE HAVE, UM, PLANS FOR WHEN THE CHANNEL THAT THIS ONE DRAINS TO WAS PUT IN, I BELIEVE THAT'S THE ONE THAT Y'ALL WERE CALLING IT THE CORE DITCH, UH, WAS PUT IN.
UM, THEN WE HAVE INDIVIDUAL TRIBUTARY STUDIES, UM, THAT SHOW PORTIONS OF LET'S SAY HEWITT DICKINSON AREA.
UM, THAT LITTLE AREA BETWEEN THE RAILROAD TRACKS AND, EXCUSE ME, THEIR PROPERTY AS FLOWING TO ROBINSON POST THE, THE, UM, CORE DITCH GOING IN.
AND THEN WE HAVE SOME THAT SHOW POST HARVEY WHERE THE WATER ACTED AS A, UH, BALANCE AND FLOWED BACK INTO THE BENSON BAYOU WATERSHED.
AND WHEN YOU GO AND LOOK AT THE ORIGINAL STUDY, UH, THAT WAS DONE BACK IN THE SEVENTIES, IT LOOKS LIKE BETWEEN THEN AND THE CORE CHANNEL GOING IN, THERE WAS A WATERSHED ADJUSTMENT WHERE YOU HAD A LARGE PORTION THAT POTENTIALLY WENT TO BENSON'S.
AND THEN WITH THAT PROJECT THEY, THEY BUCKED WATERSHED AND TOOK IT TO ROBINSON.
BUT WE HAVEN'T WORRIED ABOUT THAT IN THE PAST 40 YEARS.
SO FOR US, I BELIEVE JODY ACCESSED IT DURING HARVEY.
THAT'S THE ONLY TIME THAT I'M AWARE OF IT BEING ACCESSED.
UM, AND THAT WOULD BE FOR EMERGENCY, UH, ACCESS ONLY TO, TO REMOVE A BLOCKAGE OR SOMETHING LIKE THAT.
UM, WITHOUT THE EASEMENT, WE, WE SHOULDN'T LEGALLY ACCESS IT UNLESS THERE'S SOME, SOME EMERGENCY ISSUE.
SO I KNOW ALONG HEWITT THERE'S A HUGE DITCH IN FRONT OF ALL OF THE HOUSES.
DOES IT CONTINUE IN FRONT OF THIS PROPERTY? YES SIR.
SO COULD THIS NOT BE ROUTED THROUGH THAT SYSTEM? SO THERE, THERE'S A ROADSIDE DITCH ON HEWITT, A BIG, AND THEN THE DITCH ON THE REYES PROPERTY CUTS ACROSS TO THE SOUTH SIDE AS WELL.
SO YOU HAVE WATER FROM THEIR PROPERTY THAT WILL FLOW INTO THE DITCH.
YOU HAVE THE ROADSIDE DITCHES FOR HEWITT THAT COME TO THAT, THAT CROSSING.
AND DEPENDING ON THE, THE IMPACT OF THE WATERSHED OR, OR NOT THE WATERSHED, EXCUSE ME, THE, THE INTENSITY OF THE RAIN, YOU CAN SEE IT DO A COUPLE OF DIFFERENT THINGS.
YOU COULD SEE IT FLOW TO ROBINSON.
YOU CAN SEE IF IT'S A, A VERY, VERY LARGE STORM SYSTEM FLOW TO UM, BENSON'S OR IF IT'S A SMALL SYSTEM.
AND IT WILL HOLD WATER FOR A CERTAIN TIME.
SO ALL THE PROPERTIES THAT GO ALONG THERE, THIS ISN'T
[00:45:01]
AFFECTING ALL OF HEWITT'S NORTH SOUTH PORTION, JUST THIS PROPERTY AND NEXT DOOR.UH, I'M NOT SURE I UNDERSTAND WHAT YOU'RE ASKING.
WE HAVE A BIG DITCH GOING IN FRONT OF ALL THE OTHER HEWLETT PROPERTIES.
SO, SO DO THEY SO MOST, YEAH, MOST OF THE PROPERTIES DO.
I MEAN IF YOU START LOOKING AT, AT HOW A LOT OF THOSE AREAS WERE DESIGNED, A LOT OF 'EM HAVE SOME TYPE OF SMALL, WHETHER IT'S A, A SWELL BUILT IN OR JUST A GENERAL NATURAL FALL BACK TO HEWITT, UM, AT SOME POINT IN TIME AS, AS YOU CAN KIND OF SEE IN THE SCREEN WHERE YOU SEE THE DITCH KIND OF ON THE REAR.
SOME OF THOSE AREAS KIND OF NATURALLY FALL BACK TO THAT AREA.
BUT, YOU KNOW, FOR THE MOST PART, THE, THE HOLMES FRONTING HEWITT DRAINED IN GENERAL TOWARDS HEWITT, TOWARDS THE HEWITT ROAD DITCHES.
THE OTHER, UM, IF WE HAVEN'T NEEDED AN EASEMENT IN ALL THESE YEARS, UM, UM, WHAT'S MAKING IT NOW? I MEAN, SO WHY THE, WHY THE NEED FOR THE EASEMENT, WHY NOW? JUST BECAUSE THEY'RE NOW BUILDING A NEW LAND OR, 'CAUSE THE ONLY WAY WE CAN ACCESS THAT DITCH TODAY IS IF THERE'S A, A LIFE SAFETY ISSUE, UH, FOR THE CITY.
SO IT'S NOT SOMETHING THAT WE CAN LEGALLY ACCESS.
I GUESS IT JUST SEEMS THAT WE'RE ALL OF A SUDDEN BECAUSE THEY'RE NOW GONNA WANNA BUILD A NEW HOUSE, EVEN THOUGH THERE WAS A PROPERTY ALREADY THERE, THEY'RE NOT CHANGING ANY OF THAT.
I DON'T KNOW ENOUGH ABOUT THE TIMEFRAME FOR THE PREVIOUS PROPERTY TO, TO SPEAK INTELLIGENTLY.
I KNOW WHEN WE START LOOKING AT PLATS IN GENERAL, SO FOR THE 10 YEARS I'VE, I'VE WORKED WITH LAKE CITY.
WHEN WE START LOOKING AT PLATS IN GENERAL, IF THERE IS NEEDED RIGHT OF WAY DEDICATION FOR FUTURE ROAD EXPANSION OR DRAINAGE NEEDS THAT, THAT IS SOMETHING THAT IS PUT ON THE PLATS AT THAT TIME.
UH, SO I GUESS, YOU KNOW, I GUESS I GOT A QUESTION.
UM, HAVE Y'ALL DONE EVALUATION ON THE PROPERTY? 'CAUSE I MEAN, IF YOU HAVE 6.5 ACRES AND NOW YOU'VE GOT A 1.25 EASEMENT DOWN IT DOESN'T THAT AFFECT THE VALUATION? YES.
SO WHAT IS THAT? NOW GIVE YOU AN IDEA, IF YOU COULD, IF YOU COULD COME UP TO THE MICROPHONE PLEASE.
UM, WITH THE ACRE AND THE RECORDER COMING OFF THAT PROPERTY THAT IF YOU COULD, UH, SPEAK INTO THE MICROPHONE PLEASE FOR THE EVALUATION ON THE PROPERTY, WHAT WE PAID FOR IT FROM, FROM THE WOODS, UM, WITH AN ACRE AND A QUARTER COMING OFF OF THAT FOR AN EASEMENT, UM, GRANTED, WHAT WOULD THAT VALUE BE OF WHAT WE PAID? I MEAN, AT THE END OF THE DAY, IT'S GOING TO DECREASE THE VALUE.
BUT SIR, YOU KNOW, I WOULD JUST WANT TO BE FORWARD.
MY WIFE AND I ARE VERY REASONABLE PEOPLE.
IT'S NOT THAT WE DON'T WANT TO PARTICIPATE IN OUR NEIGHBORS.
IF THE WATER NEEDS TO FLOW, IT NEEDS TO FLOW.
IT'S NOT GONNA GO VERY FAR BECAUSE WE DON'T HAVE AN EASEMENT ON THE BACK END OF THAT DITCH.
BUT IF, IF THE CITY, IF ANSWER THIS QUESTION
AND THEN JUST THE SECOND THING, NOTHING'S EVER FLOODED.
WELL, EVEN, EVEN MY QUESTION WOULD BE, 'CAUSE MY NEIGHBORS, I MOVED, MY NEIGHBORS THAT JUST MOVED OUT.
UM, THE TRACY'S HUSBAND AND WIFE, ATTORNEY TEAM, THEY'RE HERE IN GALVESTON COUNTY.
THEY, I MOVED THEM INTO THEIR HOUSE.
BLAKE, UH, LAVY LIVES ACROSS THE STREET.
MY NEIGHBORS, I MOVED THEM IN THERE.
I KNOW BLAKE, THEY SHOWED ME PICTURES OF HARVEY, OF MY LAND AFTER I BOUGHT IT.
THEY, THEY FLOODED UP TO THEIR DOORS.
I DON'T THINK THE CITY, WHAT I SAW THERE COULD DO ANYTHING
WHAT THE FLOOD WATERS THAT WERE THERE AND HELD UP THERE ON THEM PROPERTIES.
WHAT CAN YOU POSSIBLY DO TO GET THAT WATER TO MOVE ANYWHERE? UM, IT, I I GOT THE PICTURES OF THEM, OF IT ALL.
SO I MEAN, I'M JUST SAYING, YOU KNOW, THERE'S ALWAYS A GIVE AND TAKE.
SO I DON'T UNDERSTAND FROM THE CITY'S PERSPECTIVE, IF WE'RE, IF THE CITY'S GOING TO TAKE THAT 1.25 ACRES, NOT GIVE THEM ANY VALUE FOR IT AND THEN THEY NEED TO MAINTAIN IT.
I'M JUST, IT DOESN'T, I I DON'T, I DON'T, I DON'T GET IT.
I CAN, I CAN ADDRESS THAT QUESTION.
SO GENERALLY SPEAKING, WHENEVER THE CITY GOES OUT AND IT'S DEVELOPMENT PROJECTS, WE DO A WHOLE BUNCH OF DIFFERENT PROJECTS.
WE MAKE ROADS, WE MAKE DITCHES, WE DO DETENTION
[00:50:01]
PONDS, WE DO ANY MATTER OF THINGS THAT AFFECT THINGS.UM, FOR THE MOST PART, WHENEVER WE GO THROUGH, ESPECIALLY WHEN WE'RE MAKING ROADS, ONE OF THE REASONS WHY IT'S SO EXPENSIVE IS WE DO GO THROUGH THE IMMINENT DOMAIN PROCESS.
THAT'S WHAT YOU'RE TALKING ABOUT IS BASICALLY WHEN YOU COME IN AND YOU WANT TO USE SOMETHING, UM, THE CITY HAS INCREDIBLE POWER.
IT HAS THE ABILITY TO COME AND BASICALLY TELL SOMEONE, WE ARE GOING TO PURCHASE YOUR PROPERTY AND YOU'RE GOING TO SELL IT TO US.
BUT WHAT WE LITIGATE GEN IS OVER WHAT THE FAIR MARKET VALUE IS.
IT'S A VERY NARROW ONE, BUT IT'S ONE THAT WE APPLY IN THE PLANNING PROCESS THAT'S CALLED WHEN YOU MAKE AN EXACTION.
AND THAT IS DIFFERENT THAN A TAKINGS.
AND SO WHAT YOU DO IS YOU TAKE A LOOK AT THAT AND IF THE PROPERTY DEVELOPMENT ITSELF AS IT'S ARTICULATED BY THE APPLICANT, WE'LL GENERATE A STRESS ON THE SYSTEM.
WE ARE ALLOWED TO MAKE AN EXACTION, WHICH IS, WE ARE ALLOWED IN THAT VERY, VERY LIMITED CIRCUMSTANCE.
'CAUSE FOR THE MOST PART, WE HAVE TO COMPENSATE SOMEONE ANYTIME WE HAVE, WE TAKE A PROPERTY INTEREST, WHETHER IT'S IN FEE SIMPLE OR WHETHER IT'S JUST AN EASEMENT AS IN THIS CASE.
UM, BUT IN THAT LIMITED CIRCUMSTANCE, WHENEVER THE PROPERTY, THE, THE ACTUAL PROP PROJECT THAT IS GOING TO BE PROPOSED BY THE APPLICANT IS GOING TO GENERATE AN ADDITIONAL STRESS IN THE SYSTEM, THEN WE'RE ALLOWED TO MAKE WHAT'S CALLED ANION.
AND THAT IS A JUSTIFICATION THAT ALLOWS US TO KIND OF BYPASS THE WHOLE SPENDING TAXPAYER FUNDED MONEY TO PAY FOR PROPERTY INTEREST.
BECAUSE WHAT WE SAY IS, WE SAY THIS, THIS PROJECT, YOU'RE GOING YOUR OWN ACTIVITIES ARE GOING TO CAUSE THE NEED FOR THIS EASEMENT.
IF THAT WAS SOMETHING DIFFERENT, IF IT WAS JUST US, HEY, WE WANNA INCREASE THE ROAD, WE WANNA WIDEN A ROAD, WHICH IS WHAT SOMETIMES WE DO, THAT WOULD BE DIFFERENT.
THAT WOULD BE OUR REASON TO SAY THAT IT'S NOT YOUR INDIVIDUAL PROJECT OR YOUR HOUSING DEVELOPMENT THAT'S DOING THAT.
IT'S OUR DESIRE REGIONALLY FOR THE GOOD OF THE COMMUNITY TO WIDEN THE STREET.
IN THAT CASE, NO, WE WOULD HAVE TO COMPENSATE SOMEONE FAIR MARKET VALUE, BUT IF THEIR OWN INDIVIDUAL PROJECT IS GOING TO GENERATE THE NEED FOR IT, THEN WE'RE ALLOWED TO MAKE THAT EXACTION.
THAT IS THE DISTINCTION IN THIS CASE, WE ARE SAYING, AND WE'RE TAKING THE POSITION, OR AT LEAST STAFF IS WHAT, WHAT THEY'RE TELLING ME, THE ENGINEERING FOLKS WHO WENT TO ENGINEERING SCHOOL AND I DID NOT, THEY'RE ARTICULATING THAT THERE IS AN ACTUAL INCREASED NEED BASED ON THIS PARTICULAR APP, APPLICANT'S OWN DEVELOPMENT PLANS.
AND THAT IS WHAT CHANGES THIS FROM A IMMINENT DOMAIN TYPE OF TRANSACTION TO AN EXACTION PROCESS THAT ALLOWS US TO SAY, AS PART OF OUR DEVELOPMENT REGULATIONS, AND THESE ARE THE SAME RULES THAT WE APPLY TO ALL PEOPLE WHO COME, COME IN, WE'RE NOT MAKING THESE NEW RULES, WE'RE NOT TREATING ANYONE DIFFERENT.
WE'RE APPLYING THIS UNIFORMLY.
IN THAT LIMITED INSTANCE WE'RE COMING IN, WE'RE SAYING, NO, THIS IS AN EXACTION BECAUSE OF YOUR OWN INDIVIDUAL PLANS ARE CREATING THIS NEED.
SO OKAY, THE OLDER HOME WAS A SMALLER SQUARE FOOTAGE, RIGHT? YOU'RE INCREASING THE SQUARE FOOTAGE OF THE IMPENETRABLE SURFACE AREA AT THE END OF THE DAY.
IS THAT CORRECT? IS THAT TO THE I WOULD HAVE TO, IS THAT TO THE APPLICANT? I'D HAVE TO DEFER TO ENGINEERING, YEAH.
SO THE OLDER HOME WAS PROBABLY SMALL.
I'M ACTUALLY VERY FAMILIAR WITH THAT.
WITH THIS PROPERTY, UM, THE OLDER HOME WAS TAKEN DOWN AND YOU ARE GOING TO BUILD A LOT A, A LARGER FACILITY.
RIGHT? SO IN MY MIND, I DEAL WITH A LOT OF DEVELOPERS TOO.
SO IT ALL GOES BACK TO PENETRABLE SURFACE AREA.
BUT IF HE'S GOT SIX AND A HALF ACRES AND HE'S ONLY BUILDING X, ISN'T THERE ENOUGH UH, GROUNDWATER SERVICE AREA FOR IT TO RUN OFF? SO, SO I THINK THE QUESTION WAS ORIGINALLY WAS IS IT BIGGER? SORRY, I'M SORRY.
IF YOU COULD ANSWER THE, IS IT LARGER? IS IT LARGER FOOTPRINT? THE ENGINEERING HAS BEEN DONE ON ALL THAT.
I DON'T THINK, I DON'T THINK IT'S THE FOOTAGE I DEFERRED TO SHAREWAY.
HEY, IF WE, IF WE COULD UH, IF WE COULD HOLD ON JUST ONE MINUTE.
UM, CITY ATTORNEY WOULD LIKE TO SAY SOMETHING.
YES, I UNDERSTAND YOUR QUESTION.
AND THAT'S WHERE THE CRUX OF THIS PARTICULAR, UM, TENSION FOR THIS ISSUE BETWEEN THE APPLICANT AND THE CITY COMES FROM.
UM, THAT IS AN ENGINEERING QUESTION.
WHAT YOU'RE ASKING, YOU'RE SAYING, HEY, THERE'S ENOUGH ROUND, ISN'T THERE, ISN'T IT KIND OF DISTRIBUTED AMONG THE PROPERTY? MM-HMM
AND THAT, I WILL SAY, I WILL DEFER TO OUR LICENSED ENGINEER TO KIND OF ARTICULATE WHAT HIS VIEWS, HE'S ANALYZED THE PROPERTY.
HE CAN TELL YOU THAT ANSWER MORE THAN I CAN BECAUSE THAT'S BASICALLY A, IT'S A MATH QUESTION, BUT DAVID IS THE, IS IT A BIGGER SAME SIZE? THE THE, THE HOUSE THAT WE WERE GOING TO BUILD THAT WE HAVE BEEN COMING UP IS ALL THIS HAS BEEN APPROVED AND APPROVED.
BIGGER OR SMALL? BIGGER OR SMALL? IT'S BIGGER.
HOW MUCH THAN THE, THAN THE OLD HOUSE? WELL, THE OLD HOUSE WAS NO 1500 SOMEWHERE THERE.
ABOUT 1500 SQUARE FOOT, 2000 SOMEWHERE IN THERE.
AND OUR HOME THAT WE ARE, WE WERE GOING TO BILL, THAT'S BEEN, NO, WE'RE NOT THERE.
IT WAS JUST UNDER 6,000 SQUARE FOOT.
BUT THE ENGINEERING HAS BEEN DONE ON THAT AND APPROVED BY THE CITY.
I'M TRYING TO KEEP A LITTLE BIT OF ORDER HERE.
IT'S A LOT OF, UH, A LOT OF INFORMATION TO DIGEST AND
[00:55:01]
WE'RE TRYING TO GET AS, AS MUCH OF A THOROUGH HEARING AS WE CAN.SO YEAH, CHRIS, SO, SO FOR DRAINAGE FOR THE LOT, THERE'S A LOT OF DIFFERENT WAYS THAT YOU CAN COMPENSATE FOR THAT.
UM, YOU CAN COME IN AND PUT UH, DRAINAGE SWELLS ALONG THE PROPERTY LINE, DRAIN IT BACK INTO THE ROADSIDE DITCH, THINGS LIKE THAT.
OR YOU CAN JUST GRADE YOUR LOT SO IT DRAINS INTO THE DITCH.
UM, THAT'S THERE, THERE'S A LOT OF DIFFERENT WAYS TO GO AROUND THAT.
THE ISSUE WITH THE EASEMENT IS IT'S NOT JUST THEIR WATER THAT IS GOING THROUGH IT THOUGH.
IT IS THE DITCHES OFF OF, OFF OF HEWITT ITSELF THAT FLOWS IN THERE.
THAT'S THE, SO YOU'VE GOT OTHER DRAINAGE THAT FLOWS, FLOWS THROUGH THERE.
DID THAT ANSWER YOUR QUESTION? YEP.
MS. ARNOLD, WELL, UM, MY EXPERIENCES IN DEVELOPING SUBDIVISIONS, UM, THIS IS JUST A LOT.
UM, THIS IS A YES OR NO QUESTION TO THE APPLICANT.
UM, BECAUSE I DIDN'T SEE A BUILDING WINDOW ON THIS PLAT AFTER THE EASEMENT WAS OVERLAID.
ARE YOU, UH, WITH THIS EASEMENT AND IT IS JUST AN EASEMENT, UH, ARE YOU GOING TO BE ABLE TO BUILD THE HOUSE YOU WANNA BUILD ON THAT LOT? OKAY.
THE FOOTPRINT WILL STILL FIT EVEN WITH THE EASEMENT.
UM, I HAVE EASEMENTS ALL OVER MY PROPERTY.
UM, BUT I STILL OWN THE PROPERTY.
AND FROM MY POINT OF VIEW, YOUR PROPERTY'S GONNA BE BEAUTIFUL AND YOU'RE GONNA HAVE A BEAUTIFUL HOME THERE AND THE DRAINAGE IS GOING TO BE THERE FOR YOU.
YOU'RE STILL GONNA OWN THE PROPERTY.
UM, AND UH, AFTER LISTENING TO ALL OF THIS, UM, I, I DON'T HAVE ANY MORE QUESTIONS.
UM, SO, UM, LET'S SEE WHO SAID IT.
UM, YOU WERE SAYING THAT ON THIS, UM, LAST PLAT, UM, REQUEST THAT THIS WASN'T, UM, LISTED THIS, WE DIDN'T RECEIVE THIS, WE DIDN'T RECEIVE THIS, WE DIDN'T RECEIVE THIS
SO IS THAT JUST A BUNCH OF PAPERWORK THAT Y'ALL ALL RECEIVED IT THE PAST AND IF THEY HAVEN'T CHANGED OR WE JUST, OR IS THIS ALL NEW STUFF THAT'S BEEN REQUESTED OF THEM THAT THEY HAVE NOT COMPLIED WITH FOR THE, EVERY, EVERYTHING HAD BEEN COMPLIED WITH, WITH THEIR PREVIOUS SUBMITTAL.
SO ALL OF THESE DOCUMENTS WERE INCLUDED WITH A PREVIOUS SUBMITTAL.
SO, SO THAT THING THAT WAS SAYING THIS WAS DENIED BECAUSE THIS WAS NOT SUBMITTED, THIS WAS NOT THAT, BUT THEY HAVE ALL BEEN SUBMITTED AT SOME POINT? YES, MA'AM.
THE PREVIOUS PLAT APPLICATION HAD EVERYTHING ON THIS LIST, UM, SUBMITTED.
AND THEN JUST ONE THAT, THAT SHE WAS SAYING IS THAT WE ALL HAVE EASEMENTS ON OUR PROPERTY.
YOU KNOW, I CAN'T BUILD THE POOL THAT I WANT TO, THE WIDTH I WANT BECAUSE THERE'S AN EASEMENT BEHIND MY PROPERTY, SO I HAD TO MAKE A SMALLER POOL.
BUT IF WITH THIS 35 FEET THAT THEY NEED, CAN THEY COME, CAN THE CITY COME LATER AND SAY, BUT NOW WE NEED TO BUILD DRAINAGE FOR THIS NEIGHBORHOOD OVER HERE OR BEHIND IT OR, OR, UM, CAN THEY USE THAT EASEMENT FOR, FOR, UM, FLOOD CONTROL FOR THEIR NEIGHBORS? SO I, IF I'M UNDERSTANDING CORRECTLY, YOU'RE ASKING IF THEY COULD POTENTIALLY EXPAND THE DITCH IN THE FUTURE IF THERE'S AN EASEMENT THERE? I THINK THE ANSWER IS YES, WE COULD.
I THINK LEGALLY THAT, THAT COULD HAPPEN.
THE EASEMENT WIDTH THOUGH IS SET WITH THE, IF I REMEMBER RIGHT, WITH THE WIDTH OF THE DITCH PLUS THE 15 FOOT ON EACH SIDE FOR MAINTENANCE.
SO WHEN YOU START LOOKING AT HOW YOU WOULD MAINTAIN A, A DITCH OF THAT SIZE, THAT'S A TRACK HOE OF A CERTAIN SIZE TO GO IN AND, AND REACH TO REMOVE DEBRIS.
SO ABOUT 15 FOOT IS WHAT YOU NEED FOR ONE OF THOSE PIECES OF EQUIPMENT TO OPERATE, UH, SAFELY.
SO YOU DID SAY THAT THEY COULD, THEY COULD STRAIGHTEN OUT THAT DITCH, THEY COULD MOVE IT, GIVE THE OPTION FOR, FOR RELOCATION.
HAS THE CITY WORKED ON A PLAN WITH THEM TO BE ABLE TO DO THAT TO EVERYBODY'S BENEFICIAL? NO, MA'AM.
I SWEAR THAT'S, AND I WOULD JUST ADD TO THAT, IF THE EASEMENT NEEDED TO BE EXPANDED IN THE FUTURE, THEY'RE ALREADY GONNA BE PLATTED AFTER THIS, AND WE'LL HAVE THE EASEMENT AT 60 FOOT IF WE NEED TO EXPAND
[01:00:01]
THAT.AND THEN NOW THE EASEMENT NEEDS TO BE 80 FOOT, WE WOULD'VE TO PURCHASE THAT ADDITIONAL 20 FOOT OF EASEMENT FROM THEM AT THAT TIME.
BUT I THOUGHT YOU SAID IT WAS A TOTAL OF SIX 30, NOT 60.
SO IT'S 30 ON EACH SIDE, 30 ON EACH SIDE FROM THE CENTER LINE OF THE DITCH, ESSENTIALLY.
SO IT'S 60 FOOT TOTAL EASEMENT.
UM, SORRY, BUT ONE, ONE OF YOUR CONDITIONS WAS THAT THEY COULD SHRINK THE EASEMENT THAT WAS ONE OF THE PROPOSALS OR THINGS YOU WERE TALKING ABOUT WITH THEM? YES, MA'AM.
POTENTIALLY, UM, IT, IT MAY NOT BE ABLE TO BE SHRUNK, BUT IF THEY WANTED TO EXPLORE THAT OPTION, THEY COULD HAVE AN ENGINEERING STUDY DONE TO SHOW THAT THE WIDTH IS NOT NECESSARY AT 60 FEET AND THAT A SMALLER WIDTH COULD BE USED TO MAINTAIN THE DITCH.
CAN I ASK ANOTHER QUESTION? YEAH.
CHRIS, IF, LET'S SAY WE HAVE FOUR APPLICATIONS, THE FIRST ONE, UM, HAS ALL THE FILINGS, BUT THEN AT SOME POINT THEY WITHDRAW THAT OR IT GETS DENIED WITH EACH APPLICATION.
DO WE START A NEW AND HAVE TO ATTACH OR INCLUDE ALL OF THE REQUIREMENTS FOR THE MINOR PLAT? YEAH, THEY WOULD NEED TO PROVIDE ALL OF THE REQUIREMENTS WITH EACH APPLICATION.
THEY'RE REVIEWED INDIVIDUALLY.
THERE'S, WE JUST GO BACK INTO THE RECORDS TO PULL 'EM FOR A FUTURE.
SO FOR, FOR MINOR THINGS WE COULD, BUT LIKE FOR EXAMPLE, THE CCRS, THOSE HAVE TO BE RECORDED.
SO THEY HAD SUBMITTED SOME WITH A PREVIOUS APPLICATION THAT WERE APPROVED.
AND SO IF THEY WANTED TO GO GET THOSE RECORDED, THEN IT WOULD BE FINE.
THEY WOULD MEET THE REQUIREMENT, BUT THEY NEVER FINISHED THAT STEP.
AND SO WHILE THE PLAT WAS APPROVED, THE CCRS WERE NOT NECESSARILY RECORDED.
WE WOULDN'T HAVE RECORDED THE PLAT UNTIL THEY WERE RECORDED, BUT WE HAD COME TO AN AGREEMENT THAT THEY WERE APPROVED.
AND SO, YOU KNOW, YES YOU CAN, BUT NOT ALL.
THE ONLY THING POTENTIALLY THAT COULD BE USED WOULD BE THE SURVEY, UM, THAT COULD BE REUSED, BUT AGAIN, IT'S A DIFFERENT SURVEYOR.
SO NOW YOU'RE RELYING ON SOMEONE ELSE'S WORK WITH A STAMPED SURVEY, UM, FOR A SEPARATE SURVEYOR WHO'S NOW SUBMITTED A PLAT SAYING EVERYTHING'S CORRECT ON THAT PLAT, THEY HAVEN'T SUBMITTED A SURVEY INDICATING THAT, UM, THE OTHER SURVEYOR WAS CORRECT.
AND SO YOU COULD HAVE ISSUES THERE IF YOU DON'T REQUIRE A NEW ONE.
AND SO THE SURVEY YOU SEE ON THE SCREEN HERE IS FROM THE PREVIOUS PLAT, AND I DON'T SEE THE DATE ON THIS.
DO YOU KNOW THE DATE ON THIS ONE? UM, I, I DON'T OFFHAND, NO MA'AM.
I GOT, I GOT ONE MORE QUESTION.
SO HE MENTIONED THAT HE WAS THINKING ABOUT PUTTING A WATER FEATURE A POND OR SOMETHING LIKE THAT IN THERE.
RIGHT? SO, YOU KNOW, IF I'M LOOKING AT THIS PROPERTY, YOU COULD DO ONE OF TWO THINGS.
LIKE, I MEAN, I KNOW MORE MONEY AND MORE COSTS AND MORE ENGINEERING, BUT IF HE DEEPENED IT, WIDENED IT, OR EVEN PUT LIKE A POND IN THERE ON HIS OWN DOLLAR AND HE GOT A SURVEY AND UH, YOU KNOW, ANOTHER STUDY DONE ON THIS, I KNOW THAT SUCKS, BUT I'M JUST, JUST THROWING SOMETHING OUT THERE.
WOULD THE CITY BE APPLICABLE TO SAYING BASED ON PUTTING A POND OR DEEPENING THE, THE DRAIN, IS THAT SOMETHING THAT THE CITY WOULD BE, IF THEY CAN MAKE THE MAP WORK TO SHOW THAT THE FLOWS ARE STILL FLOWING? UM, YEAH, ABSOLUTELY.
THEY CAN MOVE IT, THEY CAN CHANGE IT.
THEY JUST HAVE TO SUBMIT DOCUMENTATION AND PROOF THAT THESE FLOWS ARE NOT CHANGING FROM WHAT'S THERE CURRENTLY.
SO YEAH, IT CAN DEFINITELY BE CHANGED FROM WHAT IT IS RIGHT NOW.
BUT THIS IS NOT THE DRAINAGE, THIS IS MORE OF THE EASEMENT.
THAT THE, IS ISSUE IN QUESTION TONIGHT IS THE EASEMENT BEING SHOWN.
SO IT'S, IT'S NOT THAT THAT HE NEEDS TO BUILD A POND IN THE BACK.
YEAH, NO, BUT IF HE, IF HE'S GONNA GET HIS PERMIT, THE EASEMENT MUST GO INTO PLACE.
BUT I'M SAYING IF THEY, IF HE DID IT ON HIS OWN DOLLAR AND NOT PUT AN EASEMENT IN PLACE TO DEEPEN IT, WIDEN IT, DO WHATEVER, AND THE CITY WAS OKAY WITH IT, WHY NOT GIVE IT TO 'EM WITHOUT AN EASEMENT? THERE WOULD STILL NEED TO BE AN EASEMENT IN PLACE.
THE EASEMENT EASEMENT SCATTERED.
BUT WHERE'S THE STUDY THAT THE CITY SAID THAT THIS EASEMENT NOW NEEDS TO BE IN PLACE BECAUSE IT CAUSED FLOODING OR IT'S FLOWING INTO THE BACK DITCH OR? SO THE STUDIES, I THINK CHRISTOPHER HAD MENTIONED EARLIER, THERE'S SEVERAL STUDIES THAT HE HAD SEEN OVER THE YEARS.
UM, THE EASEMENT REQUIREMENT IS PART OF OUR ORDINANCE CURRENTLY.
IT'S BASICALLY LIKE IF YOU'RE BRINGING SOMETHING UP TO DATE, THEN YOU GOTTA GET CAUGHT UP WITH ALL THE MODIFICATIONS.
THE, THE PLAT TRIGGERS THE NEED, THE ANALYSIS OF THE PROPERTY TO ENSURE THAT THERE'S NO NECESSARY EASEMENTS BASED ON THAT DEVELOPMENT.
KINDA LIKE A LAW AND ORDINANCE UPGRADE.
UH, IF YOU HAVE AN INSURANCE LOSS OR SOMETHING LIKE THAT.
[01:05:01]
BRING IT UP TO THE CURRENT.AND WE'RE NOT ASKING THEM TO BRING THIS UP TO ANY CURRENT CODE.
WE'RE JUST ASKING 'EM TO OVERLAY AN EASEMENT OVER THE EXISTING DITCH.
WE'RE NOT ASKING HIM TO DO ANYTHING TO THAT DITCH.
JUST GIVE US AN EASEMENT OVER IT SO WE HAVE ACCESS RIGHTS TO IT IN CASE SOMETHING HAPPENS WHERE WE NEED, NEED TO ACCESS IT AND MAINTAIN IT.
ANY OTHER QUESTIONS? FRANK, DID YOU ASK QUESTIONS? I THINK WE'VE COVERED, UH, I THINK WE'VE COVERED EVERYTHING.
I HOPE WE'VE COVERED EVERYTHING.
UH, WE'VE BEEN PRETTY THOROUGH.
WE, WE'VE, WE'VE BEEN PRETTY THOROUGH WITH THE QUESTIONS.
UM, SO BEFORE WE LOOK AT THIS, UM, THANK YOU FOR PULLING UP THAT SLIDE.
THAT WAS GONNA BE ONE OF MY REQUESTS.
UM, IF THERE'S NO OTHER DISCUSSION TO BE HAD, UM, DO WE HAVE ANYBODY THAT HAS A MOTION? OKAY, I MOVE THAT THIS, RIGHT? I MOVE THAT WE AFFIRM THE DENIAL OF THE PLAT THAT WE RECOMMEND TO THE CITY COUNCIL TO AFFIRM THE DENIAL OF THE PLAT.
AND THIS WOULD BE A, A FINAL DECISION FOR YOU GUYS ON THIS ISSUE.
SO DOESN'T GO TO CITY COUNCIL.
IT DOES NOT, NOT THIS, THIS, NOT THIS QUESTION.
MICHELLE, I KNOW WE DISCUSSED THIS BEFORE, UM, ABOUT, UM, ABSTAINING FROM VOTING, UM, TO, UH, DAVID REYES IS A PERSONAL FRIEND OF MINE.
AS WE TAKE, YEAH, I THINK AS WE TAKE THE VOTE YOU CAN ABST I KNOW I WAS SAY SHE SAID THAT WE NEED TO GET APPROVED BY HER FOR ABSTAINING OF THE VOTE ON A GOTCHA.
UM, I WOULD PROBABLY, I MEAN, NOT, NOT SURE.
UM, IF YOU WOULD LIKE TO ABSTAIN, I WOULD PROBABLY RECOMMEND THAT YOU LEAVE THE ROOM.
SO IF YOU WANT TO GO IN THE BACK AS SOON AS THE VOTE IS DONE, WE CAN, UM, CERTAINLY TELL YOU ABOUT THAT.
IF THAT'S YOU, WHAT YOU'D LIKE TO DO.
UM, CERTAINLY I DON'T THINK IT'S A, IT'S KIND OF WHAT YOUR COMFORT LEVEL IS.
ANYONE ELSE? WHERE WERE YOU GOING WITH IT? RUTH, UM, AFFIRM.
I, I MOVE THAT WE AFFIRM THE DENIAL OF THE CITY, UM, FOR THIS, UH, REYES ESTATES PLAT 25 DASH 0 0 9 1 FOR THE MINOR PLAT ON THE BASIS THAT THE APPLICATION, UM, DOES NOT COMPLY WITH THE CITY'S REQUIREMENTS.
DO WE HAVE A SECOND? SECOND THAT WE HAVE A SECOND.
UM, WITH THAT, ALL IN FAVOR SAY AYE.
SO WE HAVE 1, 2, 3, 4, 5 A'S, AND ONE OPPOSE, UM, THE MOTION PASSES.
SO WE'LL TAKE A MINUTE TO GRAB THE OTHER TEAM MEMBERS, COMMISSION MEMBERS.
YOU'VE ALREADY DONE THE, WE'VE DONE FOUR.
SO OUT NINE MINUTES LAST TIME I'LL EVER ASKED YOU
SO, UM, SO, SO AT THIS POINT WE'RE GONNA TURN IT BACK OVER TO MR. MAYS AS THE CHAIR.
[5. Other Business ]
UH, WE'LL GO TO, UH, OTHER BUSINESS ITEM FIVE, CONSIDER AND TAKE ACTION ON UPDATES TO THE PLANNING AND ZONING COMMISSION BYLAWS AND POLICIES.CHRIS, YOU GONNA DO THIS? YES, SIR.
UM, SO DON'T HAVE A WHOLE LOT TO SAY HERE.
UM, THIS IS REALLY THE CRUX OF THIS IS COMING FROM WHEN WE WERE GOING TO CHANGE THE MEETING DATE TO THURSDAYS IN 2026.
UM, IN ORDER TO DO THAT, WE HAD TO PUT FORWARD A BYLAW AMENDMENT BECAUSE THE BYLAWS THAT WERE ADOPTED BY COUNCIL SPECIFICALLY SAID THAT WE HAD MEETINGS EVERY, THE FIRST AND THIRD MONDAY OF
[01:10:01]
EVERY MONTH.AND SO WHEN WE WERE AMENDING THAT TO BASICALLY SAY IT WILL BE AT THE PLANNING COMMISSION'S DISCRETION, WHEN THE MEETINGS WERE, UM, WE JUST DID SOME GENERAL CLEANUP.
UM, 'CAUSE IT HADN'T BEEN UPDATED IN 12 YEARS.
UM, AND SO THAT'S WHAT THIS IS.
UM, SO IT'LL ALLOW US TO SCHEDULE OUR MEETINGS.
UM, WE'LL ADOPT A CALENDAR EVERY YEAR AS WE NORMALLY DO.
IT WILL JUST NOT BE BOUND TO THE FIRST AND THIRD MONDAY.
AND THEN IF Y'ALL HAVE ANY QUESTIONS ABOUT ANYTHING ELSE THAT'S CHANGED, I'M, I'M HAPPY TO ANSWER THAT.
UM, BUT IT'S REALLY JUST MOSTLY CLEANUP OF HOW WE DO THINGS TODAY.
SO I'M HERE IF Y'ALL HAVE ANY QUESTIONS, AND WE WOULD RECOMMEND THAT WE'RE REQUESTING A RECOMMENDATION OF APPROVAL.
THIS WILL BE GOING TO THE NEXT CITY COUNCIL MEETING FOR THEIR ADOPTION.
IS IT IS, IT DEFINITELY CHANGED TO THURSDAY P AND Z MEETINGS GOING IN 26TH.
SO THAT'S WHAT WE'RE GOING TO RECOMMEND AND BRING BACK TO YOU AFTER THE BYLAWS ARE ADOPTED BY COUNCIL.
SO THAT'LL COME TO YOUR DECEMBER MEETING, UM, THE PROPOSED SCHEDULE.
THAT'LL BE THE SECOND AND FOURTH THURSDAY OF EVERY MONTH.
YOU ARE GONNA SET THE, UH, THE MEETING DATE ACCORDING TO OR BY WAY OF THE, UM, UH, MEETINGS THAT YOU, YOU SCHEDULE FOR THE YEAR, THE WHOLE YEAR.
SO WE'LL BRING A CALENDAR TO Y'ALL FOR ADOPTION, UM, AT YOUR DECEMBER MEETING FOR THE 2026.
SO HAVE YOU GUYS DECIDED ON THURSDAY? FOR SURE? YES, SIR.
I MEAN, SO RIGHT NOW WE HAVE HISTORIC COMMISSION AND IS IT NOW A QUESTION TO DO INSTEAD OF THE FIRST AND THIRD MONDAY, DO THE SECOND AND, AND FOURTH MONDAY? WELL, THE, THE PROBLEM IS NOT DOING IT ON THE FIRST AND THIRD MONDAY.
IT'S THE NEW STATE LAW REQUIREMENTS FOR THE PREPARATION OF PACKETS AND SENDING THEM OUT THREE BUSINESS DAYS PRIOR TO THE MEETING.
AND SO THAT PUSHES IT TO TUESDAY, OR IT'S PRIOR TO THREE BUSINESS DAYS PRIOR TO ME.
SO THAT PUSHES IT TO THE TUESDAY BEFORE.
SO IF SOMEONE DOESN'T HAVE THEIR STUFF IN BY REALLY THE WEEK BEFORE NOW.
SO WE'RE PUSHING TIMELINES BACK.
SO THIS IS TO STREAMLINE AND HELP PEOPLE GET ON AN AGENDA EASIER.
UM, SO THEY DON'T HAVE TO WAIT ANOTHER THREE WEEKS TO GET ON AN AGENDA BECAUSE OUR, OUR AGENDAS WOULD BE ABLE TO BE POSTED ON FRIDAYS RATHER THAN ON TUESDAYS.
BUT I THINK WHAT WE'RE SAYING IS THAT INSTEAD OF DOING IT THE FIRST AND THIRD, INSTEAD OF THURSDAY, YOU COULD HAVE EVERYTHING SUBMITTED JUST LIKE YOU WOULD'VE HAD TO DO FOR THE MONDAY, BUT NOW IT'S THE NEXT MONDAY, YOU KNOW, SO IT'S, INSTEAD OF HAVING IT READY BY THURSDAY, YOU NOW HAVE AN EXTRA DAY TO HAVE IT READY BY THE NEXT MONDAY.
YOU SEE WHAT WE'RE SAYING? KIND OF.
BUT IT, YOU CAN HAVE THE EXACT SAME ISSUE, WHETHER IT'S ON THE SECOND AND FOURTH OR THE FIRST AND THIRD, IT'LL JUST BE WHICH WEEK YOU'RE HAVING THE ISSUE ON.
BECAUSE IF IT'S, IF IT'S THURSDAY, THEN YOU GOT FRIDAY, THEN YOU GOT MONDAY, TUESDAY, WEDNESDAY.
SO BASICALLY YOU COULD SAY, HEY, IF YOU GET IN BY FRIDAY, WE CAN REVIEW IT ON THURSDAY.
IT WORKS OUT WITH THE CALENDAR.
SO YEAH, IT'S, IT'S AN EASIER SUBMITTAL PROCESS FOR THE DEVELOPMENT COMMUNITY THAT WANTS TO GET SOMETHING ON THE AGENDA.
WELL WE HAVE TIME TO TALK ABOUT THAT.
THAT'S, THAT'S ANOTHER ISSUE, RIGHT? YES, SIR.
THAT'S THE, WE'RE NOT ADOPTING THE CALENDAR TONIGHT, BUT THE BYLAWS, UM, HOLD SECOND.
SO IT WAS A LITTLE BIT DIFFICULT TO, TO TELL WHAT CHANGES YOU WERE MAKING AND I GUESS WHAT YOU'VE DONE HERE IS, IS TRY TO OUT OUTLINE THAT.
YEAH, THERE'S A SUMMARY HERE AND THEN THERE WAS A RED LINE ATTACHED THAT SHOWED THE EXACT CHANGES AND WHERE THEY WERE CHANGED AND, AND WHAT WAS DELETED AND WHAT WAS ADDED.
BUT IT'S, UH, MOST OF IT'S NOT SUBSTANTIVE.
DOES IT, DOES THIS MEAN THAT WE'VE BEEN DOING IT WRONG ALL THIS TIME? NO, NOT NECESSARILY.
YOU KNOW, OVER TIME THINGS CHANGED, IT SAYS, YOU KNOW, WE NEEDED TO PROVIDE Y'ALL A PAPER COPY OF THE AGENDA.
SO WE CHANGED THAT TO DIGITAL.
UM, YOU KNOW, IT SAID THAT WE HAVE TO HAVE THE ELECTION, THE FIRST MEETING OF EVERY TWO YEARS, SO WE SAID, OR AS NEEDED.
AND SO IT'S JUST GIVING A LITTLE FLEXIBILITY IN DOING THINGS THE WAY WE ACTUALLY DO THEM TODAY IN PRACTICE.
ANYBODY, ANYBODY HAVE ANY QUESTIONS OF, UH, MR. CARPENTER ABOUT THESE, UH, PROPOSED CHANGES? IF NOT, I ASSUME WE'LL, UH, ENTERTAIN A MOTION FOR APPROVAL OR, OR NOT.
I MOVE THAT WE, UM, APPROVE, UH, THE REVISED BYLAWS AND POLICIES SECOND, AND THERE IS A MOTION MADE AND THERE IS A SECOND.
ANY FURTHER DISCUSSION OR QUESTIONS? ALL IN FAVOR SAY AYE.
AND THE MOTION IS, IS CARRIED.
[6. Staff Comments ]
DO WE HAVE, UM, STAFF COMMENTS OR HAVE YOU MADE 'EM ALL?[01:15:01]
MORE.UM, THE, THE HOME TWO SUITES, UM, SUP THAT Y'ALL HEARD AT YOUR LAST MEETING, AS WELL AS THIS BYLAW AMENDMENT WILL BE ON THE NOVEMBER 18TH CITY COUNCIL MEETING.
SO IF YOU'RE KEEPING UP WITH IT, UM, THERE'LL BE A PUBLIC HEARING FOR THE SUP AND THIS ONE SHOULD BE ON CONSENT AGENDA.
SO, UM, THAT'S ALL I HAVE FOR TONIGHT THOUGH.
AND THEN OF COURSE, WE'LL, UM, BRING THE CALENDAR AT YOUR DECEMBER MEETING AFTER THESE BYLAWS ARE ADOPTED BY COUNCIL.
GOING BACK TO WHAT WE WENT THROUGH TODAY, LIKE ON COMMERCIAL, YOU HAVE LIKE A FEASIBILITY PERIOD, RIGHT? COULD THAT GENTLEMAN HAVE DONE LIKE A FEASIBILITY PILL? LIKE IS THERE ANY WAY THAT HE COULD HAVE PREVENTED FROM BEING IN THIS PICKLE AND FOUND OUT THAT THE CITY'S GONNA HAVE ADDITIONAL OR WANT TO PUT EASEMENTS ON THAT PIECE OF DIRT? I WOULD SAY THAT I'M NOT A REAL ESTATE EXPERT ON FEASIBILITY STUDIES OR FEASIBILITY TIME PERIODS, BUT WE DO OFFER PRE-DEVELOPMENT MEETINGS FOR ANYONE WHO WANTS TO COME IN AND JUST TALK TO STAFF.
AND IF HE'S, AND IF HE WOULD'VE SHOWN YOU THE SURVEY AND SAID, HEY, HERE'S A DITCH RUNNING THROUGH HERE, HERE'S WHAT I WANT TO DO, Y'ALL WOULD'VE QUICKLY KNOWN, HEY, YOU KNOW, THIS IS, THIS IS WHAT'S GONNA HAPPEN AND YOU'RE GONNA NEED TO, YOU'RE GONNA NEED TO GRANT US EASEMENT.
IF WE SAW THAT SURVEY, UM, THAT CERTAINLY WOULD'VE BEEN A COMMENT.
ANY OTHER QUESTIONS? THERE WAS ONE THING I WAS GONNA ASK.
YOU REFERRED TO A, A COMMITTEE THAT I WAS NOT FAMILIAR WITH IN HERE THAT, WHO HAD, THAT HAD REVIEWED THIS, THIS, UH, PROJECT? THE DRC, WHAT'D YOU CALL? OH, OH YES.
SO DEVELOPMENT REVIEW COMMITTEE.
SO IT CONSISTS OF ENGINEERING, UTILITIES, FIRE PLANNING.
OH, THAT'S JUST A GROUP OF, IT'S JUST A GROUP OF INTERNAL STAFF? YES, SIR.
WHO REVIEW EACH OF THE DEVELOPMENT PROJECTS.
ARE YOU HAPPY WITH IT? IT DOESN'T MAKE ANY DIFFERENCE.
ANY OTHER QUESTIONS? OKAY, THEN WE'LL STAND ADJOURNED AT, UH, SEVEN 17.