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ADAM 22.

[00:00:01]

THAT'S RIGHT.

[Call to Order]

ALL RIGHT, WE'LL GET STARTED HERE.

ALL RIGHT.

WELCOME EVERYONE.

UH, CALLING THE MEETING TODAY.

UH, UH, MONDAY, APRIL 3RD, 2023.

REGULAR SESSION OF LAKE JACKSON CITY COUNCIL AT 6:30 PM AT UH, AND UH, WHAT WE'LL DO IS JUST A NOTE IS ON THE REGULAR AGENDA, WE'RE SWITCHING POSITIONS OF ITEM ONE AND TWO.

AND SO ITEM TWO WILL GO FIRST AND ITEM ONE WILL GO SECOND.

UH, AND, UH, WE'LL LEAD WITH THE PLEDGE ALLEGIANCE LED BY COUNCILMAN SINNIA AMERICA STANDS, ONE NATION INVISIBLE LIBERTY, HONOR PLEDGE INVISIBLE IF YOU JOIN ME IN INVOCATION, UH, HEAVEN.

FATHER, WE THANK YOU FOR THIS DAY AND THE MANY BLESSINGS YOU HAVE BESTOWED ON US.

WE ASK THAT YOU PROTECT OUR TROOPS AS THEY CONTINUE TO PROTECT US FROM THOSE THAT WANT TO TAKE AWAY OUR FREEDOMS. PLEASE PROTECT OUR FIRST RESPONDERS AS THEY LOOK OVER US EVERY DAY.

WE ARE SO GRATEFUL TO THE FAMILIES OF OUR TROOPS AND FIRST RESPONDERS AS THEY GIVE UP SO MUCH OF THEIR LOVED ONES TO PROTECT ALL OF US.

WE THANK YOU FOR THE EMPLOYEES OF OUR GREAT COMMUNITY.

BE WITH THEM AND THEIR DAILY LIVES AS THEY SERVE THE CITIZENS OF OUR COMMUNITY.

WE ASK FOR YOUR GUIDANCE AS WE SERVE OUR CITIZENS, AND THAT YOU LOOK OVER THOSE WE REPRESENT.

IN YOUR NAME WE PRAY.

AMEN.

AMEN.

ALL RIGHT.

UH, NEXT THING WE HAVE IS VISITORS COMMENTS.

DO WE HAVE, WE HAVE NO ONE SIGN UP FOR VISITOR COMMENTS.

ANYONE THAT HAS VISITOR COMMENTS, THIS IS AN OPPORTUNITY TO SPEAK ON ANYTHING THAT'S NOT ON THE AGENDA, NOT SEEING ANYTHING.

WE'LL MOVE ON TO PRESENTATIONS.

[PRESENTATIONS]

OKAY.

NAVIGATE DOWN HERE PRETTY SHORT.

TIMER.

IS THERE? OVERTIMER? GRAB A.

ALRIGHT, NOW YOU CAN WRAP .

GLEN, YOU START.

YOU WOULDN'T WANT TO HEAR THAT.

THIS IS THE PROCLAMATION I, GERALD VIRTUE OF THE AUTHORITY INVESTED IN ME AS MAYOR OF THE CITY OF LAKE JACKSON, TEXAS DUE HEREBY PROP APRIL 28TH, 2023 AS ARBOR JAMES CITY, LAKE JACKSON.

WHEREAS KEEP LAKE JACKSON BEAUTIFUL WILL PARTNER WITH THE RECREATION CENTER TO GIVE AWAY 100 FREE ARBOR DAY TREES AT THE EASTER EGG HUNT, GIVING ALL AGES AN OPPORTUNITY TO THE START YOUNG, WORKING ON NATURE AND WEAR X TREES CAN REDUCE THE EROSION OF OUR PRECIOUS HOT SOIL BY WIND AND WATER, CUT HEATING AND COOLING COSTS, MODERATE THE TEMPERATURE, CLEAN THE AIR, PRODUCE OXYGEN, AND PROVIDE HABITAT FOR WILDLIFE.

WHEREAS DURING THE MONTHS OF THE GREAT AMERICAN CLEANUP, THERE WILL BE MANY OPPORTUNITIES FOR LOCAL CITIZENS WE'LL HAVE FOR MAKING A DIFFERENCE IN AN ENVIRONMENT OF THE, OF LAKE JACKSON AND BRINGING ATTENTION TO TREES.

WHEREAS TREES ARE IN OUR CITY.

INCREASED PROPERTY VALUE ENHANCED THE ECONOMIC VITALITY OF BUSINESS AREAS AND BEAUTIFY OUR COMMUNITY.

WHEREAS LAKE JACKSON HAS RECO HAS BEEN RECOGNIZED AS TREE CITY DID SAY BY NATIONAL ARBOR DAY FOUNDATION AND DESIRE TO CONTINUE PRE-PLANNING IN ITS PRE-PLANNING WAYS NOW.

THEREFORE, WE THE MAYOR AND THE CITY COUNCIL WITH SEA LAKE JACKSON, WE'RE HEREBY THE CLAIM APRIL 28TH, 2023.

THAT'S ARBOR DAY IN THE CITY OF LAKE JACKSON.

THANK YOU.

THANK YOU.

ABOUT THE TREE HANDOUT AND SO FORTH.

WELL, WE DON'T KNOW WHAT THEY'RE GONNA BE YET.

WHAT KIND THEY'RE GONNA BE.

WHAT THEY'RE GONNA BE.

BRYCE HASN'T PICKED HIM OUT OR ARE WE PICKING HIM OUT? HE'S PICKING HIM UP.

OKAY.

UM, BUT IT'LL BE AFTER THE CHILDREN'S HISTORY HUNT.

OKAY.

BEFORE THEY GO.

OKAY.

GREAT.

WELL, AGAIN, THANKS FOR ALL THE WORK Y'ALL DO KEEP, LIKE JACKSON BEAUTIFUL COMMITTEE IS ONE OF THE MOST PHYSICAL COMMITTEES WE HAD.

YOU SHOW UP FOR A MEETING, YOU'RE GONNA END UP WORKING, GETTING HANDS DIRTY.

YES.

THANK.

AND WE DO HAVE A SHRED DAY COMING IN APRIL 15TH.

ANOTHER ONE.

WELL, THAT'S RIGHT.

THAT'S RIGHT.

MM-HMM.

.

YEP.

AND SO, AND YOU'ALL DID HAVE THE RECYCLE WORK WITH THE COUNTY ON THE ELECTRONIC RECYCLED.

YES.

ALL I KNOW IS WE HAD AN 18 AND A HALF WHEELER TRUCK.

I DON'T KNOW HOW MANY POUNDS IT WAS.

WELL, PHIL, SORRY FOR THE PEOPLE THAT WERE WORKING

[00:05:01]

OUT THERE BECAUSE THERE WAS ALSO A BARBECUE COOK OFF THAT.

OH, I KNOW.

SO ALL DAY.

OH YEAH.

BARBECUE.

THAT WAS PROBABLY, MAYBE I ROUGH.

ALRIGHT.

THANK YOU VERY MUCH.

AMY.

CAUTION.

THANK YOU FOR YOUR SUPPORT.

BYE.

THANK Y'ALL.

THANK Y'ALL FOR ALL THE HARD WORK.

OKAY, MOVING ON TO DECLARATION OF CONFLICT OF INTEREST.

AND THIS IS AN OPPORTUNITY FOR ANY MEMBER OF COUNCIL TO DECLARE IF THEY HAVE A CONFLICT OF INTEREST CONCERNING ANY ITEM ON THE AGENDA, EITHER CONSENT OR REGULAR.

IS THERE ANY ITEMS THAT COUNCIL MEMBER NEEDS TO DECLARE? ALL RIGHT.

NOT HEARING ANY, WE'LL MOVE ON TO THE CONSENT

[CONSENT AGENDA]

AGENDA.

ALL RIGHT.

WE HAVE APPROVED MINUTES FROM MARCH, 2023 EXCEPT BOARD AND COMMISSION MINUTES FROM KEEP LAKE JACKSON BEAUTIFUL PARKS AND L J D C ITEM THREE, RESOLUTION NUMBER NINE 16 APPROVED BUDGET, AMENDMENT OF ECONOMIC DEVELOPMENT FUND FOR FISCAL YEAR 20 22 23 TO INCLUDE THE AZALIA EXTENSION FROM CIRCLE WAY TO CENTER WAY IN THE AMOUNT OF $750,000.

AND TO REMOVE THE CIVIC CENTER FOUNDATION REMOVAL, GAZEBO INSTALLATION PROJECT IN THE AMOUNT OF $185,000.

RESOLUTION NINE 17 IS APPROVED.

BUDGET AMENDMENT TO TRANSFER, UH, $1,200,000 FROM THE UNITY FUND UTILITY FUND TO THE UTILITY PROJECT FUND.

AND, UH, $1,300,000 FROM THE GENERAL FUND TO THE GENERAL PROJECT FUND.

AND RESOLUTION NUMBER NINE 18, EXCEPT THE TEXAS OPIOID ABATEMENT, UH, FUND INSTALLMENT OF $23,789 TO BE ADDED TO THE GENERAL PROJECT FUND.

IN ITEM SIX IS AWARD BID NUMBER 22 0 8 1 5 26 FOR THE DUNBAR PAVILION RESTROOMS AND THE PEEWEE FIELD RESTROOMS SITE WORK TO MATULA MATULA CONSTRUCTION AND AMOUNT NOT TO EXCEED $148,578 AS BUDGETED.

IS THERE ANY ITEM ON THE CONSENT AGENDA THAT A MEMBER OF COUNSEL WOULD LIKE TO REMOVE FOR FURTHER DISCUSSION? HEARING NONE, I WILL TAKE A MOTION ON THE CONSENT AGENDA.

MAYOR, I'LL MAKE A MOTION TO APPROVE THE CONSENT AGENDA ITEMS ONE THROUGH SIX AS PRESENTED.

SECOND.

OKAY.

WE HAVE A MOTION AND A SECOND.

ALL IN FAVOR SAY AYE.

AYE.

AYE.

ANY OPPOSE? ALL RIGHT.

OKAY.

SO

[2. Discuss and consider DHK’s proposal for a second Woodshore access point – Modesto Mundo ]

WE'RE GONNA MOVE ON TO THE NEW ITEM ONE, WHICH IS DISCUSSED AND CONSIDER, UH, DH K'S PROPOSAL FOR A SECOND, UH, WOOD SHORE ACCESS POINT.

AND MODESTO, YOUR NAME'S BESIDE THIS.

YES.

UM, ON THURSDAY, UH, THE CITY ENGINEER HAD A CHANCE TO VISIT WITH THE CITY MANAGER OF KLUTE AND THEN THE DEVELOPER, UH, DOUG, MR. DOUG KOPKO WITH D HK PROPERTIES, UM, MIL, CAN YOU SCROLL DOWN TO THE, UM, I THINK IT'S MAYBE PAGE YES.

THAT THAT'S, THAT'S A GOOD SHEET RIGHT THERE.

UM, AND THE PROPOSAL WAS ASKING FOR CONSIDERATION OF ANOTHER OPTION THAT IS JUST, UH, KIND OF ASKED TO BE CONSIDERED JUST RECENTLY, REALLY, I MEAN, JUST THURSDAY WAS THE FIRST TIME WE HEARD IT AND WE SAID WE WOULD BRING IT TO COUNCIL FOR CONSIDERATION.

IF YOU REMEMBER, IN SEPTEMBER COUNCIL, UH, APPROVED ACCESS TO OYSTER CREEK DRIVE WITH THE STIPULATION THAT, UM, SO IT WAS A CURB CUT ONTO OYSTER CREEK DRIVE AND A MEDIAN CUT AND THEN THE, UH, WITH ACCELERATION AND DECELERATION LANES.

AND THEN THEY CAME BACK LATER IN OCTOBER.

WE SHOWED YOU THE, THE, THE FINAL PLANS OF WHAT THAT CAME UP WITH.

UM, BUT IT WAS ALL CONTINGENT UPON, UM, A BACK ACCESS WHERE THERE WAS ONE, YOU CAN SEE WHERE IT WAS PLANNED OUT PROBABLY FOR THE PROPERTIES TO BE CONNECTED, BUT IT WAS NEVER REALLY SECURED FROM A CROSS ACCESS AGREEMENT.

AND SOLU HAS BEEN, UH, IS WORKING ON TRYING TO SECURE THAT.

BUT THE OWNER, UM, STILL THAT IS STILL AN OPTION.

THE OWNER WANTS TO SELL THIS PROPERTY, I BELIEVE HAS AN OFFER, AND HE'S PROFFERED ANOTHER OPTION THAT WAS LIMITED DISCUSSED, YOU KNOW, IN SEPTEMBER OF GOING ON AT, UM, WOOD SHORE DRIVE, SAL HAS ONE OF THE DRAWING SHOWS WHAT, UH, MR. KANAKA DREW ON THERE.

AND IT WAS A ROUGH HIGHLIGHT.

SAL TOOK, UH, HIS OWN LIBERTIES AND TRIED TO DRAW SOMETHING

[00:10:01]

OF WHAT A ENTRANCE WOULD LOOK LIKE ON THE PLATS.

AND SO YOU CAN SEE THE LOTS AND REALLY WHAT'S BEING OFFERED, I THINK IT'S THE FIR IS THE FIRST LOT.

SO THAT'S A R THAT'S NOT SUPPLIED BY D HK.

THAT'S JUST KIND OF OUR ATTEMPT TO SHOW YOU IN RELATION OF WHAT IT WOULD LOOK LIKE.

AND SO THAT'S WHAT'S BEING DISCUSSED TONIGHT, OR ASKED WOULD COUNSEL CONSIDER THIS, YOU KNOW, AS ANOTHER VIABLE OPTION IF THE OTHER ONE COULDN'T BE SECURED.

AND I DO THINK THAT, YOU KNOW, THE, THE BACK ONE MAY TAKE A LITTLE MORE TIME.

THIS ONE IS SOMETHING THAT THE OWNER COULD PROBABLY START ON IMMEDIATELY AND SELL ON THE PROPERTY.

AND SO WE'D SAID WE WOULD TAKE IT TO COUNCIL AND ASK, YOU KNOW, FOR YOUR CONSIDERATION, UM, MR. KANAKA IS NOT HERE TONIGHT.

UH, I SPECIFICALLY ASKED, UH, THE CITY MANAGER OF KLUTE TO, TO COME AND PRESENT THIS IF HE HAD ANY QUESTIONS VERSUS, UH, UH, THE REPRESENTATIVE OF D HK.

UH, SO WE COULD TALK ABOUT THE ITEM.

AND, AND THIS IS, THEY'RE, WHAT THEY'RE PRESENTING IS THIS IS JUST WOULD BE AN ENTRANCE, CORRECT? UM, IS THAT CORRECT? AS A SECONDARY ACCESS POINT? SO INGRESS AND INGRESS IS OKAY.

I'D HEARD AT ONE TIME IT WAS JUST GONNA BE AN ENTRANCE.

SO THAT'S BOTH WAYS.

OKAY.

AND THEN I DROVE IT TODAY, UM, BECAUSE WE DID, YOU KNOW, MENTION TO, UH, MR. SNIPS SAID, UH, THE POSSIBILITY COULD COME UP ABOUT, YOU KNOW, CROSSOVER DISCUSSION.

I DID DRIVE HERE AND KIND OF ESTIMATED WHEN YOU'RE HERE AND THEN COMING AROUND AND JOGGING BACK.

IT'S NOT DIFFICULT.

UH, I MEAN, THAT MEDIAN IS NOT THAT LONG, SO THERE'S PLENTY OF SPACE.

IF YOU WERE COMING AT HERE, I THINK YOU COULD, YOU KNOW, EASILY DO A A U-TURN.

CJ, IF YOU COULD ALSO, UM, THERE'S ANOTHER PICTURE THAT WE CAN SHOW IN RELATIONS TO, UH, NOW GO UP, UH, GO UP TO THE NEXT ONE HERE.

YOU CAN SEE RIGHT NOW WHAT IS ON THE TABLE IS COUNSEL HAS ASKED FOR THIS ONE WITH THE STIPULATION THAT THIS ONE BE SECURED.

AND SO WHAT D HK IS OFFERING IS, IS THIS ONE AS, AS A, AS ANOTHER POSSIBILITY VERSUS THIS BACK ACCESS.

THAT IS GREAT.

COUNSEL, I APPRECIATE Y'ALL, UH, ENTERTAINING ME AGAIN, KEVIN, I APPRECIATE YOU PUTTING AGE BEFORE BEAUTY .

I JUST WANNA SAY, UH, HIS SAXOPHONE SOLO WHEN HE GETS TO BUSINESS TYPE ACTIVITIES IS AMAZING.

THEY, HE, HE GAVE US OUR REPORT LAST WEEK, SO NO, I DO APPRECIATE YOUR TIME.

UH, MR. UH, MUNO IS CORRECT.

WE'VE HAD NUMEROUS DISCUSSIONS ABOUT SECONDARY ACCESS POINTS.

I KNOW WHEN WE HAD THIS DISCUSSION IN THE SUMMER, WE TALKED ABOUT MAKING SURE THAT THERE WAS EMERGENCY INGRESS AND EGRESS WHITESMAN INITIALLY AGREED TO THAT AND THEN PUT SOME PRETTY HEINOUS STIPULATIONS.

OUR AGREEMENT WAS FOUR PAGES OF AGREEMENT CAME BACK AT 28 PAGES, UM, OF LEGALESE ON WHY THEY WERE CONCERNED ABOUT A SECONDARY ACCESS POINT, AT WHICH POINT MY COUNSEL DECIDED WE WERE GOING TO PURSUE, UH, POTENTIAL IMMINENT DOMAIN.

THAT PROCESS IS GONNA TAKE A LITTLE WHILE.

WE'RE IN THE PROCESS RIGHT NOW OF GETTING THE, UH, APPRAISALS DONE ON THE CONCRETE FOR THE ROUTING.

UH, SO MR. KANAKA IS ABOUT TO LOSE APPARENTLY A, UH, POTENTIAL BIDDER OR BUYER.

AND SO TIME IS OF THE ESSENCE FOR HIM.

AND SO HE CAME BACK AND INITIALLY WHEN WE DISCUSSED THIS, I THINK COUNSEL Y'ALL INITIALLY PROPOSED COMING OFF OF WOOD SHORE, AND HE WAS PRETTY ADAMANT THAT THAT NOT HAPPENED.

HE HAS CHANGED HIS TUNE AT THIS POINT AND HAS PREPARED TO DO SO, UH, ALONG WITH EVERYTHING ELSE THAT HE DISCUSSED IN HIS INITIAL PROPOSAL.

SO, SO MY ONLY COMMENT IS WHEN WE TALKED ABOUT THIS, HE LIED TO US.

SO NOT TOLD US THE TRUTH.

HE TOLD US THAT THAT WAS SOLD AND IT CANNOT BE.

UH, WELL, HE, HE MADE A PLEDGE AND IT, HE HAD SOLD IT.

SO HE'S NOW GOING, HE'S IN THE PROCESS OF TRYING TO PURCHASE THAT BACK AND, AND TO PUT THAT IN.

AND HE'S TALKED ABOUT MAKING COMPENSATORY PAYMENTS TO THE RESIDENTS ALONG THAT STREET AS WELL.

AND ALSO, IN MY OPINION THAT THIS TURN RIGHT HERE WHEN PEOPLE ARE TRYING TO EGRESS OUT OF THIS LOT, COMING UP AND MAKING THE U-TURN IS GOING BE PROBLEMATIC.

SO WOULD YOU BE INTERESTED IN DOING A CUT IN THIS MEDIAN HERE TO ALLOW A STRAIGHT EXIT AND A LEFT ARM? I'M NOT SURE.

YEAH, I'M NOT SURE ABOUT THE GEOMETRY THERE.

WE'D HAVE OUR TRAFFIC ENGINEER LOOK AT IT, SO I CAN'T MAKE ANY PROMISES ABOUT A CURB CUT THERE BECAUSE WE HAVEN'T DONE THE ENGINEERING TO SEE WHAT THAT EFFECT WOULD BE.

SO THANK YOU.

SO AGAIN, THE QUESTION BACK TO US IS, UH, DOES THIS OFFER OF PUTTING IN THIS SECONDARY EGRESS IN AND OUT, UH, AT THIS LOCATION VERSUS THE OTHER ONE, DOES THAT MEET THE ORIGINAL INTENT THAT WE HAD WHEN WE SET UP THE OPTION OF, OF DOING THE, ALLOWING THE CURB CUT AND MEDIAN CUT ON HORSESHOE CREEK DRIVE? I THINK, AND I ALSO WOULD ADD, I THINK, UM, AGAIN, CJ AND I, I TALKED THIS MORNING.

I THINK CLAUDE WANTS TO KEEP BOTH OPTIONS ON THE TABLE.

CORRECT.

YOU KNOW, IF, YOU KNOW, IF EVEN, OH, THE, IF THIS ONE, YOU KNOW, FALLS APART, THIS IS PROBABLY THE PRIMARY

[00:15:01]

ALTERNATE.

NOW THIS IS, BUT IF IT STILL DOESN'T WORK, WOULD COUNSEL STILL BE, YOU KNOW, NOT TO TAKE THE BACK ONE OFF THE TABLE IF THIS ONE DOESN'T LOOK DOWN.

SO WHAT IS THE, WHAT IS THE, ON THE BACK ONE, THE ONE THAT WE'VE HAD SO MUCH DIFFICULTY, WHAT IS THE CONCERN FROM THE OTHER PROPERTY OWNER? THE, IT'S A H IT'S BASICALLY A HATES STRIP SITUATION.

OKAY.

THEY HAVE INSTITUTED A, A SITUATION WHERE THEY HAD AN IN, HAD AN OFFER TO BUY THE, THE PROPERTY IN QUESTION.

UH, I GUESS AT THE TIME THAT EVERYTHING WAS PUT TOGETHER, THEY DIDN'T LIKE THE PRICE AT THAT TIME.

THEY FIGURED IF YOU DENY ACCESS, THE PRICE COMES DOWN, THEY DEPRESS THE PRICE, AND THEN THEY CAN COME IN AND GET THE PRICE THAT THEY WANT.

NOW THEY THINK SO.

SORRY, ALL THE HATFIELDS OR THE MCCOYS? YEAH, THEY, WELL, I WE'RE NEITHER, UH, WE'RE, WE'RE THE REFEREE.

CJ'S HIT THE NAIL ON THE HEAD.

I MEAN, WE'VE, I MEAN, CJ PROBABLY EXPLAINED IT BETTER THAN ANYBODY, IS THAT WE HAVE TWO PROPERTY OWNERS THAT ARE REALLY NOT PLAYING NICE TO EACH OTHER AND THEY'RE ASKING THE CITY TO CLEAN THIS UP.

AND I'LL BE, I'LL BE VERY HONEST WITH YOU, THE CITY MADE A VERY GENEROUS OFFER.

WE HAVE A, UH, INCENTIVIZATION PACKAGE TIED TO THIS PROPERTY, UH, THAT PAYS OUT OVER 10 YEARS WITH A BALLOON PAYMENT AT THE END.

AND WE OFFER TO MAKE THAT PAYMENT TWO YEARS EARLY.

UH, AND WITH THE CURRENT INTEREST RATES, THAT'S 5%, THEY'RE FORFEITING ON BETTER THAN $2 MILLION.

SO, UH, IT'S, WE'VE, WE'VE DONE OUR PART TO TRY AND PLAY NICE.

AND SO, UH, WE'RE NOW KIND OF BOXED INTO MAKING A DECISION THAT NOBODY WANTS TO, UH, BUT AT THE SAME TIME, IT'S HURTING US.

IT'S HURTING THE DEVELOPERS AND QUITE FRANKLY, IT'S HURTING THE COMMUNITY.

SO WE JUST WANT TO GET IT RESOLVED HOWEVER WE CAN.

UH, MR. KANAKA FEELS THAT TIME IS OF THE ESSENCE AND THIS IS THE FASTER MODE TO, TO GET THAT DONE.

SO, WHICH WE OFFERED SEVERAL MONTHS AGO, WHICH YOU YES, MA'AM.

YEAH, THAT IS CORRECT.

BUT YOU SAY YOU MADE AN OFFER, EXCUSE ME, ON THE, UH, ON THE, THE, THE 5% BALLOON WAS TO THIS.

THAT'S CORRECT.

YES, SIR.

AND THEY SAID NO.

OKAY.

THAT'S, THAT, THAT'S WHEN IT BECAME VERY APPARENT THAT THIS HAD NOTHING TO DO WITH THEIR, THEIR FINANCIAL INTERESTS HAD EVERYTHING TO DO WITH WANTING THAT PROPERTY OR NOT WANTING THAT PROPERTY TO DEVELOPED.

SO I THINK WE WERE GONNA BEND OVER BACKWARDS FOR HIM WHEN OUR CITIZENS DIDN'T HAVE TO.

WE DIDN'T, WE DIDN'T OWE THAT GENTLEMAN ANYTHING.

AND I THINK WE WENT AHEAD WITH IT AND I WAS OKAY WITH IT UNTIL HE SENT A LETTER THREATENING TO SUE US LAST WEEK.

SO I THINK EVERYBODY'S GOT A PRETTY BAD TASTE IN THEIR MOUTH.

I WOULD, I WOULD SAY LET'S JUST MOTION AND DO AWAY WITH THE WHOLE THING.

LET HIM FIGURE IT OUT.

I DON'T THINK OUR CITIZENS SHOULD HAVE TO DO ANYTHING WITH OUR ROADWAYS AND ALL THAT TO HELP HIM.

NOW WE TRIED TO HELP AND DO EVERYTHING WE COULD.

THAT'S MY 2 CENTS.

AND I DON'T DISAGREE WITH THAT IN TERMS OF, OF THE DEVELOPER, BUT I DO HAVE CONCERNS OF, I MEAN, WE HAVE A RELATIONSHIP WITH THE CITY OF KLUTE AND THE CITIZENS THAT ARE THERE.

THEY DIDN'T PLAY A PART IN THIS.

AND I THINK, I THINK BOTH OF THOSE THINGS NEED TO BE WEIGHED INTO THAT.

IF THE, IF IF, IF THIS ONTO WOOD SHORE, IF, IF, IF WE DO THAT TONIGHT, IF UH, AND THEN THIS LATER ONE CONTINUES AND WHOEVER BUYS IT ULTIMATELY IS ABLE TO SECURE THAT OTHER ACCESS, WOULD THEY CHOOSE THAT ONE OVER? I MEAN, I STILL THINK THAT'S THE BEST.

I STILL THINK YOU'RE GONNA SEE THE MAJORITY OF TRAFFIC IS GONNA WANT TO COME THROUGH THE KROGER PARKING LOT, COME THROUGH THAT PARKING LOT AND ACCESS THIS STOP LIGHT HERE.

YEAH.

I DON'T THINK THIS IS GONNA SEE A SIGNIFICANT AMOUNT OF TRAFFIC IF BOTH ARE OPEN.

I DON'T KNOW WHAT IT LOOKS LIKE IF ONLY ONE IS OPEN FOR A WHILE, BUT I CAN TELL YOU THAT THE CITY IS 10 ON PURSUING BOTH ACCESS POINTS.

YEAH.

BASIC, BASICALLY, THAT WAS MY QUESTION.

WHAT IF, WHAT IF WE AGREED TO THIS AND THEN HE COME BEHIND US AND DON'T FOLLOW THROUGH WHAT HE SAID HE WAS GONNA DO? I I I, I THINK THAT OUR EXPERIENCE WORKING WITH MR. KANAKA HAS BEEN THAT HE HAS DONE EXACTLY WHAT HE'S TOLD US HE WAS GONNA DO WELL, BUT HE, HE DIDN'T DO IT TO US.

WELL, I THINK HE TRIED VALIANTLY TO GET THAT SECONDARY POINT OF ACCESS.

I THINK WE WORKED ON HIS BEHALF TO GET THAT SECONDARY POINT OF ACCESS.

BUT THERE'S SOME TIMES THAT YOU'RE NOT ABLE TO.

YEAH.

BUT WE'VE BEEN OVER BACKWARDS FOR HIM AND HE DIDN'T FOR US ON, ON THIS ONE THOUGH.

THE CITY OF KLUTE WOULD MAKE SURE THAT THIS GETS DONE CORRECT THERE.

AND CJ YOU'RE SAYING THAT THE CITY OF KLUTE WOULD STILL TRY TO PURSUE THIS ONE? WE'RE STILL WORKING ON IT.

ON A SECONDARY ACCESS THROUGH THE WHITESMAN PROPERTY, YES.

OKAY.

AND IF, IF THAT WERE TO HAPPEN, WE WOULDN'T NEED THE, THE ADDITIONAL ONE.

UM, I GUESS WHAT, I GUESS I'M WONDERING AGAIN, IF IT'S JUST A PERSONALITY CONFLICT AND THAT ONE OF THE PERSONALITIES IS NO LONGER A PART OF THE MATH, UM, AND MAYBE THAT'S NOT THE CASE, BUT IF IT WERE TRUE, WE COULD GET THIS ONE WITHOUT THE NEED FOR THAT ONE.

I, I PRESUME WE WOULDN'T DO BOTH, WHICH WOULD BE FINE WITH ME, CUZ I DON'T YEAH.

PARTICULARLY LIKE THIS HERE.

IF, IF THIS EXISTS.

IF IT DOESN'T, I UNDERSTAND, BUT IF IT DOES, WE DON'T NEED THAT.

I THINK THE CONTINGENCY IS IS IF HE DOESN'T GET THE CURB CUT FROM Y'ALL WITH THE SECONDARY ACCESS POINT, THE SALE FALLS THROUGH AND WE'RE BACK TO WHERE WE'RE BACK TO SQUARE ONE.

WE WOULD, RIGHT NOW I'M AT THE POINT OF, UH, IT'S LIKE HE'S GOT TO SECURE A SECONDARY ACCESS POINT FOR ME

[00:20:01]

TO ISSUE A PERMIT.

RIGHT.

AND SO IF THE BACK ONE'S NOT SECURE AND THE FRONT ONE IS I'LL ISSUE A CERTAIN PERMIT BASED ON, YOU'RE GOING TO BUILD THE FRONT ONE.

SO THE FRONT, IF IT'S READY TO GO, HE'D MOST LIKELY HE WOULD.

HE'S PROMISING TO BUILD IT AT THE SAME TIME.

YES.

I MEAN, SO THE FRONT WOULD BE GET, WOULD BE DONE CLUED WOULD STILL BE TRYING TO PURSUE ANOTHER, A SECOND, A SECONDARY ONE.

NOW IF THAT HAPPENS, THAT ONE COULD BE CLOSED, YOU KNOW, AT A FUTURE IN THEORY.

BUT I THINK ONCE TRAFFIC STARTS, IT'S ONE OF THOSE DEALS WHERE ONCE IT'S FISH STARTS SWIMMING, THEY START SWIMMING.

SO, SO, UH, LET ME UNDERSTAND THE, THE THE BACK AGREEMENT.

CAN YOU EXPLAIN TO ME EXACTLY WHAT WILL THAT ENTAIL? WELL, SO AT THIS POINT OF CONTACT BETWEEN THE TWO PROPERTIES, THERE'S ACTUALLY AN ENCROACHMENT OF ABOUT 18 INCHES BETWEEN THE TWO PROPERTIES.

OKAY.

UH, THEY'VE OVERLAID THEIR CONCRETE ONTO MR. KANAKAS PROPERTY.

UH, WE TAKE THAT IN.

IF YOU TAKE A LOOK AT THE ORIGINAL PLANS, IT'S APPARENT THAT THERE WAS A PLAN FOR TWO POINTS OF ACCESS AND EGRESS INTO THE PARKING LOT FOR WHATEVER REASON THAT WASN'T SECURED THROUGH AN AGREEMENT AT THE TIME THAT EVERYTHING WAS NEGOTIATED.

AND SO RIGHT HERE, UH, THERE'S SOME PRETTY SIGNIFICANT ENGINEERING CHALLENGES AT THIS POINT.

YOU'VE GOT ABOUT A FOUR FOOT DROP IN ELEVATION ON THE BACKSIDE.

RIGHT.

UH, THAT WILL HAVE TO BE ADDRESSED IF YOU'RE GONNA CONNECT HERE.

UH, IT'S A LITTLE BIT MORE PLAIN AT THIS POINT, WHICH MIGHT BE A, MIGHT BE A VIABLE ALTERNATIVE.

UH, BUT THE ISSUE HERE IS WITH BOTH OF THOSE POINTS OF CONNECTION IS YOU HAVE A PARTNER OR A DEVELOPER THAT DOESN'T WANNA PARTNER WITH AN ADJOINING DEVELOPER TO PROVIDE ACCESS.

AND SO THE CITY HAS SOUGHT TO SWEETEN THE DEAL TO, UH, TO MAKE IT MORE PALATABLE TO ONE OF THE PARTNERS.

THEY DIDN'T LIKE THAT APPROACH.

AND SO MR. KANAKA AT THIS POINT IS IN JEOPARDY OF LOSING HIS DEAL.

SO HE'S PROPOSING TO MAKE THIS ACCESS POINT HERE.

SO INITIALLY WHEN HE CAME TO US AND, AND WE SUGGESTED THAT HE SAID THESE WERE SOLD ALREADY MM-HMM.

, SO NOW HE IS ATTEMPTING TO PURCHASE HIS BACK OR THAT'S A DONE DEAL.

HE'S MADE THE, IS MY UNDERSTANDING, HE'S MADE THE OFFER AND IT'S BEEN ACCEPTED ON ONE OF THE LOTS TO HOLD THAT.

AND THEN HE'S WORKING WITH THE HOA TO SET UP A FUND AND THEN ALSO TO COME UP WITH A MAN, A MECHANISM TO COMPENSATE ALL THE PEOPLE HE PROMISED ALONG THAT STREET THAT HE WOULD NOT BE DOING THIS TO.

SO, SO IF HE'S DONE THAT ON HIS PROPERTY, THERE'S TECH, THERE'S NOTHING THAT WE TECHNICALLY HAVE TO DO FOR HIM.

HE'S GOT ACCESS TO HIS PROPERTY NOW.

WELL, HE DOES.

IT'S NOT WORTH WHAT IT'S WORTH WITH A CURB CUT FROM US.

RIGHT.

BUT HE CAN SELL IT.

HE COULD, BUT THIS PARTICULAR BUYER IS VERY INTERESTED IN HAVING THAT CURB CUT.

I'M SURE THEY ARE.

SO THAT, THAT I'M SURE THEY ARE, THAT AT THAT POINT YOU'VE, YOU'VE DEVALUED THE PROPERTY TO A POINT IT'S NOT WORTH PURCHASING BY THE OTHER PARTY.

SO IS HE SELLING THIS PART RIGHT HERE TOO? AND ALL OF THIS? YEAH, ALL THAT WOOD.

WELL, I DON'T KNOW WHAT I, I DON'T KNOW HOW MUCH HE'S ON THE HOOK FOR.

I KNOW HE HAS 4.3 ACRES THAT CAN BE DEVELOPED IN THAT REGION.

I DON'T KNOW WHAT HE'S CHOPPED OFF OR WHAT HE SAID.

SO HE OWNED THIS LOOK BACK PART BACK HERE TOO.

YES, SIR.

HE OWNS THAT AS WELL.

SO, HEY, I, THERE'S NO ARGUMENT THAT MR. KANAKA KIND OF, YOU KNOW, POISONED THE WATER, UH, UH, TWO WEEKS AGO.

BUT I, YOU KNOW, I'M TRYING TO LOOK PAST THAT CUZ IT, YOU KNOW, IT UPSET ME WHEN I GOT THE LETTER AS, AS IT DID THE MAYOR.

UM, BUT I'M TRYING, LOOK, I'M TRYING TO GO BACK TO THE ORIGINAL INTENT AND I STILL, I DO THINK THE, THE ENTRANCE, YOU KNOW, PROFFERED NOW STILL MEETS THE, THE INTENT IS THAT WE WANTED A SECOND ACCESS POINT.

UH, SO THAT'S WHAT I, YOU KNOW, I THOUGHT IT WAS FAIR ENOUGH TO BRING IT TO COUNCIL IN THAT, YOU KNOW, IF WE COULD ERASE THAT, AND I KNOW IT'S HARD, YOU KNOW, WOULD WE HAVE ACCEPTED THIS, YOU KNOW, AS AN ALTERNATE IN SEPTEMBER WHEN IT WAS ORIGINALLY APPROACHED TO US? YEAH.

SO AGAIN, THE ORIGINAL AGREEMENT THAT, UH, WE MADE AS A CONSENSUS ON COUNCIL WAS, IS THAT WE WOULD ALLOW FOR THE CUT AND CURB CUT AND ALL THAT, AND DECELERATION, ACCELERATION LANES.

UH, ON THE STIPULATION IS IF HE ACQUIRED A SECOND ENTRANCE AND EXIT.

AND SO THIS, HE'S COMING BACK AND SAYING HE'S ACQUIRING A SECOND ENTRANCE AND EXIT, AND ALL OF US ARE NOT HAPPY ABOUT ALL THE, UH, WAY WE'VE BEEN KIND OF, UH, JACKED AROUND.

I DON'T, AND I THINK CLETS BEEN JACKED AROUND TOO.

AND SO, UM, BUT AT THE SAME TIME IS IS THAT I'M, I'M SURE WHAT LIKE CJ IS SAYING IS THE, THE CURB CUT OFF DOOR CREEK DRIVE IS, WOULD BE IMPORTANT TO ANYBODY THAT WANTED TO PUT A BUSINESS INTO THAT PIECE OF PROPERTY.

AND INSTEAD OF COMING OFF OF A RESIDENTIAL STREET TO GO INTO A VISIT, UH, A BUSINESS, UH, LOCATION.

SO, YOU KNOW, WE'RE GETTING THE SECOND ENTRANCE AND EXIT LIKE WE REQUESTED.

UH, AND, UM, YOU KNOW, THEY'RE, HE'S TRYING TO FULFILL THAT COMMITMENT, UH, WITH THE, WITH THE PROPOSAL THAT

[00:25:01]

HE'S, HE'S BROUGHT TO US EVEN THE COMMITMENT.

HOWEVER, THOUGH WITH THE TREES THAT HE WAS GONNA GIVE TO US, HE DEBUNKED THAT IN HIS LETTER WHERE HE WAS THREATENING TO SUE US.

SO I DON'T EVEN KNOW IF WE'RE GONNA GET THAT.

WE DON'T, I MEAN, HE DEBUNKED EVERYTHING IN THAT LETTER THAT WE ASKED HIM FOR.

HE'LL HAVE TO MEET THE ORIGINAL, I MEAN, I WILL HOLD HIM TO THE ORIGINAL COMMITMENT OF, YOU KNOW, HIS CONCEPTUAL PLAN OF PLANTING THE TREES IN THE, IN THE RIGHT.

I AGREE.

BUT I JUST WORRY ABOUT IF, IF HE SUES US, OUR CITIZENS ARE GONNA HAVE TO PAY FOR THAT.

I DON'T THINK THEY, I DON'T THINK THEY DESERVE TO.

I THINK WHAT, WHAT WOULD HE SUE US FOR? THERE'S NOTHING THAT HE CAN SUE IT.

I MEAN, HE CAN TRY, BUT THERE'S ANYBODY CAN TRY.

YEAH.

THERE'S, YEAH, I THINK THAT, UM, WE HAVE THE UPPER HAND IN, IN A LAWSUIT FOR A LACK OF ACCESS TO HIS PROPERTY.

I MEAN, HE'S THE ONE WHO DIVIDED IT UP AND CLOSED HIMSELF OFF.

AND, UM, SO CERTAINLY ANYONE CAN FOLLOW LAWSUITS.

IT'S JUST, UM, HOW QUICKLY HE CAN GET OUT OF IT TO SAVE MONEY.

YOU KNOW, THAT'S THE ONLY ONE TO HELP OUR ASSIST CITY INCLUDE, YOU KNOW, THAT'S NOT A PROBLEM OR THE CITIZENS.

BUT I DO HAVE A BAD TASTE LEFT IN, IN MY MOUTH ON THAT DEVELOPER, AND I CAN UNDERSTAND MAYBE WHY KROGER DOES NOT WANNA DEAL WITH HIM, BECAUSE IF THAT'S THE WAY HE DOES BUSINESS, YOU KNOW, HE IS NOT A TRUSTWORTHY PERSON IN MY OPINION.

AND, UH, MAYBE THAT'S WHY HE'S NOT, CAN'T DEAL WITH ANYBODY ELSE EITHER BECAUSE HE'S DONE THE SAME THING HE'S DONE TO US, TO OTHER PEOPLE AS WELL.

IS THERE ANY POSSIBILITY THAT THE SALE OF THAT PROPERTY FALLS THROUGH? YEAH, IF, IF HE'S NOT ABLE TO SECURE A PERMIT, THE, THE NEW BUYER HAS BASICALLY SAID THEY'RE WALKING.

OKAY.

AND, BUT YEAH, HE, THERE'S A NEW BUYER.

HE WOULDN'T BE INVOLVED IN THE DEVELOPMENT OF WHATEVER GOES THERE, I GUESS.

RIGHT.

AND LET'S GO BACK, Y'ALL, Y'ALL CREATED A, AN ORDINANCE THAT SAID THAT REQUIRES A SECONDARY ENTRANCE, BASICALLY.

IS THAT CORRECT? WELL, WE, WE, YEAH, WE BASICALLY SAID THAT IF YOU HAVE COMMERCIAL PROPERTY THAT TOUCHES EACH OTHER, THEY HAVE TO HAVE JOINT ACCESS AND IT CANNOT BE OBSTRUCTED.

OKAY.

SO ONE CONCERN WE WERE HAVING WITH THAT IS THAT Y'ALL CREATED THAT ORDINANCE AFTER THE FACT AND STUFF, BUT NOW SINCE THERE'S A NEW PLAN IN EFFECT, IS THEIR ORDINANCE A LITTLE BIT STRONGER NOW? OR NOT? YOU DON'T THINK THEY'RE BY KROGER PROPERTY IS COMPLETELY DEVELOPED.

OKAY.

AND THEN THEY DID THE ORDINANCE, SO THEY CAN'T GO BACK AND FORCE KROGER TO DO THAT NOW.

UM, GOING FORWARD, IT'S, IT'S GREAT GOING FORWARD.

IT, IT'S REALLY GREAT.

OKAY.

ALL RIGHT.

AGAIN, CJ AS YOU CAN SEE, WE'RE NOT EXTREMELY PLEASED AND WE'VE, WE'VE, YOU KNOW, I'VE TALKED TO THE MAYOR ABOUT IT AND STUFF AND UM, UH, BUT AGAIN I KEEP GOING BACK TO IS THAT THROUGH THIS PROCESS WE HAVE, YOU KNOW, WE'RE TAKING A HIGH GROUND OF SAYING, OKAY, WE'LL DO THIS, WE'LL PROVIDE THE CUT IF YOU COME UP WITH A SECONDARY ENTRANCE AND EXIT.

AND HE'S COMING UP WITH IT IN A ROUNDABOUT WAY.

SO HE'S MEETING THE COMMITMENT, I GUESS.

BUT I GUESS THE ONLY THING IS, IS I'M, I WANT TO BE SURE IS WHAT I, I THINK WE'RE ALL SITTING HERE SAYING IS, IS THAT I STILL DON'T WANT TO ISSUE A PERMIT UNTIL WE GET VALIDATION THAT HE OWNS THAT PIECE OF PROPERTY.

RIGHT.

AND THAT HE'S ABOUT TO BREAK GROUND BECAUSE HE CAN BREAK THAT GROUND WITHOUT OUR PERMIT.

CORRECT.

SO START BREAKING THE GROUND, START LAYING CONCRETE AND THEN MODESTO CAN, UH, CUZ AGAIN, WE'VE, WE, THERE'S BEEN TIMES IN THE, IN OUR DARK IN OUR LONG HISTORY WHERE WE'VE, WE'VE WORKED AND TRIED TO BEND OVER BACKWARDS TO MAKE SOMETHING HAPPEN AND WE END UP GETTING YOU'VE BEEN IN THE SAME SITUATION.

YES, SIR.

WE HAVE TO BE CLEAR, JUST TO MAKE SURE I'M CLEAR ON WHAT YOU'RE SAYING, MAYOR, IS YOU WANNA SEE PROGRESS ON THE GROUND, NOT NECESSARILY CONCRETE POURED BECAUSE FROM AN ECONOMIC STANDPOINT RIGHT.

WOULDN'T MAKE SENSE TO POUR ONE SECTION AND THEN COME BACK AND POUR SURFACE SECTION.

RIGHT.

OKAY.

YES.

JUST SO THERE'S CLEAR INDICATION THAT WELL, BASICALLY Y'ALL HAVE GIVEN A PERMIT FOR THE ROOF.

YES.

YES SIR.

SO A PERMIT, THE CURB CUT AND I DON'T KNOW THE PATH UP TO THE POINT OF FOUR IN THE CONCRETE, WHAT, WHATEVER YOU CALL THAT, I DON'T KNOW, SELL PLATE.

SO VISUALLY YOU WANT TO SEE AT LEAST SOME WORK THAT YEAH, WE CAN SEE THAT THEY'VE APPROVED A PERMIT, THEY'VE KIND OF STAKES ARE ON THE GROUND STAPLETON AND STUFF, OR DONE SOME GRUMPY AND STUFF THAT WE KNOW THAT WHAT'S GONNA HAPPEN IN SIMULTANEOUSLY WHEN THEY POUR THE CONCRETE, THEY CAN POUR OUR CONCRETE.

YEAH.

CORRECT.

THAT'S THEIR PLAN.

IS HE WANT, HE REQUESTED CAN I DO IT AT THE SAME TIME? YEAH.

UH, BUT IT'S STILL THIS UNEASINESS OF OKAY, WHO'S MOVING FIRST WHERE RIGHT.

THAT'LL ALSO BE AN INDICATION THAT HE'S GOTTEN WHATEVER HE NEEDS FROM THE HOA OR YEAH.

WHATEVER THESE OTHER THINGS ARE HAVE BEEN FINALIZED AND SIGNED AND IT HAS TO BE IRREVOCABLE BY ANY OTHER PARTY.

RIGHT.

SO ONCE WE'VE PLATTED IT, CUZ YOU'LL HAVE TO GO THROUGH THE PLATTING PROCESS TO MAKE THAT HAPPEN.

I MEAN, THAT'S BASICALLY WHAT YOU'VE DONE IS YOU'VE PLATTED THAT AS A ROADWAY OR RIGHT OF WAY NO LONGER A A RESIDENTIAL CAN'T SELL AS A RESIDENTIAL PROPERTY OR ANYTHING.

CORRECT.

WOULD THAT BE A CONTINGENCY THAT IT'S CONTINGENT ON CLTE PLOTTING

[00:30:01]

PLATING PLA PLAT? YES.

I MEAN IF YOU WANNA MAKE IT ONE THAT'S FINE, BUT WE AGAIN, YOU'RE PUTTING THE CART BEFORE THE HORSE.

RIGHT.

HE DOESN'T WANNA HAVE TO INVEST THE MONEY.

HE'S NOT GOING, WE CAN'T REASONABLY SAY WE'RE GONNA GIVE YOU A PLAT AND THEN HAVE A DEAL FALL THROUGH AND WE'VE JUST NOW KILLED A RESIDENTIAL LOT THAT WOULD'VE BEEN REVENUE TO US BECAUSE THE WAY OUR DEVELOPMENT AGREEMENT WITH HIM WORKS FOR EACH LOT THAT'S SOLD IN A HOME, BUILT ON, WE GET REBATE.

THE MONEY THAT WE PUT IN FOR THE INFRASTRUCTURE, PUT HIM ON THE HOOK FOR THAT AND WE WILL, WE WILL.

AND REMIND HIM IF HE WAS NOT DISHONEST WITH US, WE WOULDN'T BE GOING THROUGH THAT.

SO NOW THE BALD IN THE RISK COURT, HE HAS TO COME THROUGH FOR US, THEN US COME THROUGH FOR HIM.

SURE.

SO WE ALREADY BEEN THAT THEN ROAD AND UH, WE GOT BURNED SO WE'RE NOT DOING THAT AGAIN.

CLEAR CLEARLY THOUGH.

I THINK THAT IF WE TAKE THE EMOTION OUT OF IT, YEAH.

WE DIDN'T LIKE THE WAY IT WAS HANDLED.

WE DIDN'T LIKE A LOT OF IT.

IT WAS POORLY PLANNED AND IT WAS STEEPED IN GREED REALLY IS, IS WHAT LED TO THIS PROBLEM.

NOT OURS, BUT THE DEVELOPERS.

BUT IF WE TAKE ALL OF THAT OUT OF IT, HE'S MET THE, THE SPIRIT OF WHAT WE ASKED FOR AND LOOKING AGAIN AT THE BIGGER PICTURE, WHAT IS THE BEST THING FOR THESE CLTE RESIDENTS WE'RE, YOU KNOW, WE, WE PARTNERED WITH CLTE AND OTHER PROJECTS THAT BENEFIT BOTH OF OUR RESIDENTS IN TERMS OF STREETS AND DRAINAGE.

SO I MEAN, I DON'T, I HATE FOR YOU GUYS HAVE LEARNED FROM THIS, WE'VE LEARNED FROM IT.

LET'S MOVE ON.

AND ON THE POINT OF THE TREES, I REALLY DON'T WANT TO APPROACH HIM ON THE TREES.

YEAH.

THAT, UH, JUST, WE CAN'T MAKE HIM DO HIS CONCEPTUAL PLAN.

HIS HIS STUFF.

WE'LL, WE'LL FIGURE OUT OUR TREES ON THE OTHER PROJECT.

UM, EVEN IF HE OFFERED IT, IT'S JUST LIKE, IS LIKE, I'D RATHER JUST A WE ACCEPT TO THE PLAN AND JUST DO IT VERSUS ANYBODY DOING US A FAVOR.

I DON'T THINK IT WAS DOING US A FAVOR AT ALL.

I THINK IT WAS GIVEN BACK TO OUR CITIZENS FOR US CHANGING OUR ROADWAY AND PUTTING, THERE WAS A LOT OF CONVERSATION ABOUT THE DANGERS OF THE TRAFFIC AND ALL THAT.

THAT WAS US MEETING IN THE MIDDLE.

WE WEREN'T DOING ANYBODY A FAVOR.

SO.

YEAH.

AND I MEAN, THAT'S A VALID POINT BECAUSE ONE THING THAT WAS NEVER ANSWERED, AND I ASKED IT REPEATEDLY WAS, HAS ANYBODY LOOKED AT, AND THIS IS A MOOT POINT AT THIS POINT, BUT HAVE YOU EVER SAT ON THAT ROAD THE MORNING WHEN THE TRAIN'S COMING AND THE TRAFFIC IS BACKED UP? UM, I MEAN PERSONALLY, I THINK IF THERE'S TOO MANY CURB CUTS ON THAT ROAD IN TOO SHORT OF A PERIOD, BUT THAT SHIP HAS SAILED AT THIS POINT.

UM, RODDY'S NOT SAILED CUZ WE ARE THE DRAWING POINT THAT WE CAN CHANGE THAT.

IT IS, BUT WE HAVE ALREADY MAKE IT IT.

RIGHT.

ALREADY, WE'VE ALREADY PUT FORWARD TWO WRONGS, DON'T MAKE A RIGHT, BUT WE'VE ALREADY PUT FORWARD.

AND AGAIN, WHAT IS THE REASONABLE THEME TO DO HERE? SO AGAIN, JUST TO STEP BACK REAL QUICK ON THE TREES, THE, THE, THE LETTER THAT WE GOT FROM THE LAWYER WAS SAYING THAT THEY WERE OFFENDED THAT WE, WE SUGGESTED THAT THE TREES BE INSTEAD OF PLACED WHERE HE WAS, I DON'T KNOW WHERE THE AGREEMENT WAS, IS THAT IT'S GOING, THAT WE WERE GOING TO PUT THEM IN THE, THE, UH, GREEN SPACE WITH THE, UH, TDC TDC, THE CRATE UNION OFFER.

AND THAT'S WHERE THEY WERE SAYING WE WERE EXTENDING OR WHATEVER, CROSS THE BOUNDARIES OR WHATEVER.

THAT'S A MOOT POINT.

BUT WE CAN STILL ASK FOR THE TREES.

HUH? HE MADE A STATEMENT THAT WE COULD PUT IT ANYWHERE.

OKAY.

DIDN'T HAVE TO BE IN THE GREEN BELT.

ALL RIGHT.

I DISTINCTLY REMEMBER THAT.

WE CAN, WE CAN STILL SAY WE WANT 50 TREES AND HE CAN DELIVER 50 TREES.

WE DON'T KNOW WHAT THEY'RE GONNA LOOK LIKE.

WE DON'T KNOW WHAT SIZE THEY'RE GONNA BE.

THEY MAY BE SPRIGGS, THEY MAY BE 500 GALLON TREES, BUT, UH, ANYWAY, AND SINCE HE EVEN OFF, I MEAN, HE'S THE ONE THAT OFFERED THE TREES, SO RIGHT.

UH, HE CAN DELIVER TO DELIVER 'EM TO US AND WE'LL FIND A HOME FOR HIM.

AND I WOULD STILL TAKE THE TREES.

YEAH.

SO, SO WHAT MODESTO WHAT WOULD HAVE YOU, WHAT DO YOU HAVE DOWN THERE THAT WE SAID THE STIPULATION BEFORE YOU GIVE A PERMIT? MINE IS, UH, SO WE CAN UNDERSTAND WHAT WE, SO WE WOULD SEE SOME GRUBBING WORK, YOU KNOW, THERE, UM, YOU KNOW, ON OFF OF WOOD SHORE DRIVE SHOWING THAT, UH, INCLUDES APPROVED ACCESS ONTO WOOD SHORE DRIVE AND HE'S SECURED THE LOT, HE'S BOUGHT THE LOT BACK.

HE HAS IT AND HE IS NOW STAKED OUT AND SHOWING SOME GRING WORK.

AND SO WE CAN SEE THAT THEY'RE COMMITTED TO IT, THE DEVELOPER, AND THEN WE CAN ISSUE A PERMIT, YOU KNOW, ON THAT.

AND HE WOULD TO DO THAT WORK, HE'D ALREADY HAVE TO PLOT FROM YOU GUYS? HE WOULD'VE TO PLOT.

YES, SIR.

SO PLOT PERMIT RUBBING WORK, WHICH INCLUDES, I DON'T KNOW WHAT GRABBING WORK MEANS.

SCRAPING THE DIRT, SCRAPING THE DIRT, AND BREAKING THE CONCRETE, FLAGGING THE PAST.

OKAY.

I MEAN IT, IT'D REALLY BE, HE'D JUST START ON THAT FIRST BEFORE HE STARTED ON OURS.

AND THEN WE WOULD ISSUE A QUICK, WE WOULD ISSUE A QUICK PERMIT.

RIGHT.

INCLUDES

[00:35:01]

THE INCLUDE, UH, PLANNING, COMMISSION, APPROVING THE, UH, REPLAT OF THAT AS A STREET VERSUS RESIDENTIAL LOT.

RIGHT.

THE PLAT THE PLAT, THEIR PLA THING.

RIGHT.

THEIR YEAH.

THAT HAS TO BE SECURED.

IS IT ANY KINDA WAY HE STILL CAN BACK OUT OF THIS WOOD CLTE AND DECIDE TO DO WHAT HE WANT TO DO.

THAT'S WHY WE, AT THAT POINT YOU WOULD HAVE TO, UH, PURSUE IMMINENT DOMAIN.

CORRECT.

RIGHT.

WE WOULD'VE, WE WOULD FOLLOW THROUGH IN WITH IMMINENT DOMAIN POSSIBLY AGAINST HIM BECAUSE IF WE REPLAT SOMETHING AND EXPECT A STREET BELT, WE EXPECT A STREET BELT.

SO, AND THE AND THE OPTION IN THE BACK DOES NOT GO AWAY.

RIGHT.

IT'S STILL THERE.

THAT'S A SARY OPTION FOR PLEASE THIS, THIS DOESN'T WORK.

MM-HMM.

.

OKAY.

AND I ALWAYS HAVE CONCERNS WITH HIM IN IT DOMAIN IS THE, ARE THE CITIZENS GOING TO, WHICH WAY ARE THE CITIZENS GONNA COME OUT BETTER? AND IT'S USUALLY NOT IMMINENT DOMAIN.

NO.

WELL, THAT IS THE FIELD OF LAST RESORT.

WE DID NOT, THAT'S WHY WE DRAG OUR FEET ON IT UP TO THIS POINT.

SO, OKAY.

WOULD THAT DRAG ON FOR YEARS AND YEARS AND YEARS? AND THAT'S, THAT'S WHAT I'M SEEING.

ALL RIGHT.

SO, UH, WE HAVE DIS SKIT DISCUSSED AND CONSIDER, SO I GUESS I NEED A MOTION, UH, AGAIN, WITH THE STIPULATIONS THAT WE HAVE, UH, ON THE, UH, WHAT'S DEFINING THE POINT WHERE WE CAN PERMIT WHERE MODESTO CAN PERMIT AND FOR GRUB WORK, CAN WE DEFINE THAT? THAT MEANS YOU'RE SCRAPING, RIGHT? RIGHT.

I SAY RIGHT UP READY TO POUR, UH, OKAY.

YOU'VE GOT IT FORMED UP AND READY TO GO.

YEAH.

HE'S, THEY'RE JUST TRYING TO, AGAIN, TRYING TO GET, UH, YOU KNOW, ECONOMICALLY IT WOULD BE BETTER IF THEY DO ALL THE SCRAPE IT FORM IT UP PORT.

AND SO WHAT HE'S, WHAT I THINK WHAT WE'RE TALKING ABOUT IS THEY BU THEY BUST THE CURB THERE AND THEY STAKE IT OUT AND MAYBE WE CAN SAY THAT THEY'VE AT LEAST SCRAPED THE DIRT OF THE PATHWAY WAY.

YEAH, THAT'S BECAUSE ONCE YOU START LAYING A CHAIR BACK AND ALL THAT, IT'S A PRETTY FAST PROCESS AND A VERY EXPENSIVE PROCESS.

MM-HMM.

, YOU WANNA DO IT ALL AT ONE TIME.

YEP.

SO, AND ONCE IT'S REPLANTED, IT CAN'T BE SOLD TO BUILD A HOUSE ANYWHERE.

CORRECT.

OKAY.

CORRECT.

THAT'S THE REAL AND AT NO POINT THERE SHOULD BE ANY ONE WORK ON EITHER SIDE, BE AHEAD OF THE OTHER SIDE ONE, BOTH OF THEM CONCURRENTLY.

THAT'S ONE OF THE THINGS WE TALKED ABOUT.

WHAT DO YOU MEAN? THE CURB CUT TO OYSTER CREEK DRIVE WOULD NOT HAPPEN BEFORE? WELL, THEY, THEY CAN'T, YEAH.

HIS PERMIT, PERMIT HIS PERMIT WOULDN'T BE GOOD UNTIL THEY SEE YOU SEE THESE BENCHMARKS MATCH.

JUST WANNA MAKE SURE THAT YES, WE'RE NOT MISSING ANYTHING.

SO YEP.

SOMEBODY WHO'S TAKING NOTES IS GONNA HELP TO MAKE THIS MOTION .

SO I'VE GOT AGAIN, UM, WE WERE, WE ARE LOOKING FOR THAT MR. KANAKA, DH K IS PURCHASED THE LOT, THE PLATT'S BEEN APPROVED SHOWING THE DRIVEWAY ENTRANCE AND THEN THAT THERE'S GRING WORK AND THEN WE, WE STAFF WOULD ISSUE A PERMIT, YOU KNOW, FOR THEM TO THEN BEGIN THEIR WORK.

BUS GRING WORK IS BUSTING THE CURB AND SCRAPING THE DIRT.

YEAH.

THE GRASS.

SO, AND TREES, ONE MORE QUESTION, I'M SORRY.

AND THEN THE TREE AND THE TREES ARE, WE'LL TAKE ACCEPTANCE OF THE TREES AND WE'LL DECIDE WHERE THEY GO.

CORRECT.

SO WHEN THEY UNDERSTAND THEY APPLY, THE PLANNERS, PLANNERS APPROVE IT ANY CHANCE OF, UH, THE BUILDER TO SAY, OKAY, YES, YOU APPROVED IT, BUT WE DON'T WANT IT BECAUSE THEY, THEY, AS LONG AS THEY DON'T SIGN OFF ON IT, THEY CAN STILL BACK OUT.

EVEN THOUGH THEY DON'T, THEY DON'T GET THEIR CUR THEY DON'T GET THE FRONT CUT.

OKAY.

THEY CAN'T GET A FRONT CUT UNTIL THEY'VE DONE ALL THOSE THINGS WE JUST TALKED ABOUT.

THEN WE'LL GIVE 'EM A PERMIT, THEN THEY CAN DO THEIR FRONT CUT.

THEY CAN'T DO THEIR FRONT CUT UNTIL WE GIVE 'EM A PERMIT.

AND WE'VE GAVE THEM, WE'VE STATED WHAT THE GUIDELINES ARE, RESTRICTIONS ARE ON, THE CRITERIA ARE FOR THE CUT THE PERMIT TO MODESTO.

SO AGAIN, THAT WOULD GO TO THEIR, THEIR PLANNING, UNDERSTAND THEIR PLANNING DEPARTMENT UNDERST MAYBE I'M MISUNDERSTANDING.

WE ARE NOT SAYING THAT THEY CAN START THE CURB CUTS ON OCD TILL THIS IS DONE BECAUSE RIGHT.

OKAY.

YES.

AS LONG AS THAT, THAT'S OKAY BECAUSE THEY WON'T HAVE A PERMIT UNTIL THIS IS DONE.

OKAY.

SO I'M GONNA MAKE A MOTION.

VERY GOOD TO ACCEPT DH K'S PROPOSAL FOR A SECOND, WHICH FOR ACCESS POINT CONTINGENT UPON THE PLAT IS APPROVED BY THE CITY OF CLTE.

THE GRUB WORK IS APPROVED PRIOR TO THE LAKE JACKSON PERMIT BEING ISSUED FOR THE CURB CUT.

AND ALSO THE ADDITION WE WANT TO KEEP IN PLACE OF, WE WILL ACCEPT THE 50 TREE DONATION TO BE PLACED AT OUR DISCRETION.

OKAY.

WE HAVE A MOTION.

I'LL SECOND THE CODE MOTION BY COUNCIL MEMBER SETH AND SECONDED BY COUNCIL MEMBER BROADUS.

ALL RIGHT.

ANY FURTHER DISCUSSION? YES.

YES.

OKAY.

SO IT'S STILL,

[00:40:01]

UH, I HEARD YOU SAY THAT YOUR PLANNING COMMISSIONER WILL STILL LOOK AT THE, UH, CUT ON THELAN.

YEAH, WE'LL HAVE OUR, OUR, OUR TRAFFIC ENGINEER WILL TAKE A LOOK AT IT.

UM, I DON'T KNOW WHAT THEY'RE FINDING WILL BE, BUT WE WILL HAVE THEM TAKE A LOOK AT WHAT THEY THINK IS THE SAFEST GEOMETRY FOR THAT INTERSECTION.

ESPECIALLY WITH THE, ESPECIALLY IF WE'RE EXPECTING IS THE EMERGENCY VEHICLE SUCH AS A FIRE ENGINE MAKING A LEFT TURN AT THE POINT.

YEP.

OR JUST GONNA MAKE SURE IT'S OKAY.

ANY OTHER QUESTIONS OR COMMENTS? ALL RIGHT, WE'LL MOVE ON.

UH, ALL IN FAVOR SAY AYE.

AYE.

ANY OPPOSE? NAY, HOW MANY NAYS DO I HAVE? ONE.

OKAY.

ALRIGHT.

TWO TWO, HUH? TWO KNEES.

I DIDN'T SEE YOU.

RAISE YOUR HAND, SIR.

UM, OKAY.

ALL RIGHT.

I JUST SAW CHASE, I'M SORRY.

ALL RIGHT.

ALL RIGHT.

MOTION CARRIES.

THANK Y'ALL VERY MUCH.

THANK YOU.

THANK YOU FOR ALL YOUR APPRECIATE THANK YOU.

I WILL TURN IT OVER TO, UH, MR. CADEN HEAD AND HIS SMOOTH SAXOPHONE , WARMING UP HIS SAXOPHONE.

ALL RIGHT.

THANK YOU.

THANK YOU, MR. STES.

ALL RIGHT, LET'S GO ON TO, OKAY.

UH,

[1. Accept 2022 Annual Comprehensive Financial Report (ACFR) – Kevin Cadenhead]

EXCEPT, UH, 2022 ANNUAL COMPREHENSIVE FINANCIAL REPORTS.

GUYS, THANK YOU VERY MUCH.

UH, KEVIN CADEN, HEAD PARTNER WITH K M AND L.

UM, BEEN LONG TIME AUDITORS HERE FOR CITY OF LAKE JACKSON.

WE'LL TALK JUST A FEW MINUTES ABOUT HOW THE AUDIT WENT, AND THEN WE'LL TALK A LITTLE BIT ABOUT THE FINANCIAL RESULTS, FINANCIAL POSITION OF THE CITY FROM THE AUDITOR'S PERSPECTIVE.

AND THEN OF COURSE, YOU GUYS HAVE ANY QUESTIONS.

I'LL BE, I'LL BE GLAD TO ANSWER THOSE AS WE GO.

UH, IT WAS A DIFFICULT AUDIT YEAR.

UM, IT WAS, IT IT REQUIRED A LOT OF EXTRA WORK ON THE PART OF THE CITY STAFF AND THE AUDITORS, BUT NOT SOMETHING THAT WAS NOT EXPECTED.

OKAY.

SO, SO WE GOTTA WE GOTTA KEEP THAT IN CONTEXT.

WE HAD SIGNIFICANT CHANGE IN, UM, THE FINANCE GROUP, NOT ONLY, UM, INTO A NEWS FINANCE DIRECTOR, BUT THEN SOME STAFF, UM, LOSSES ACTUALLY THAT OCCURRED DURING THE YEAR.

SO THE END OF THE RESULT OF THE AUDIT, THOUGH, AT THE END OF THE DAY, IS NO AUDIT FINDINGS AND THE FINANCIAL STATEMENTS WERE COMPLETED IN TIME FOR SUBMISSION TO THE G F O A FOR THE CERTIFICATE OF EXCELLENCE.

SO AT THE END OF THE DAY, I THINK IT'S, UH, VERY MUCH A SUCCESS IN TERMS OF, UH, WHERE WE ENDED UP, BUT IT WAS, THERE WAS A LOT OF, UH, PROBABLY ABOUT 40 OR 50% MORE AUDIT ACTIVITY ON BOTH PARTS, ON THE, ON THE CITY'S PART AND ON THE, THE AUDITOR'S PART.

SO WITH THAT SAID, WE'RE ALL LOOKING FORWARD TO THE, TO THE COMING YEAR BECAUSE THERE'S GONNA BE MORE TIME AND, AND, UH, UH, I'M TALKING TO JAMES BEFORE, AND THERE'S GONNA BE A LOT MORE BETTER UNDERSTANDING, UM, THAT LEARNING CURVE THAT WE'LL ALL GET THROUGH WORKING TOGETHER.

SO IT'S A GOOD REPORT.

UM, THERE'S AGAIN, NO FINDINGS THAT, UH, WE FOUND IN THE AUDIT ITSELF, IN THE FINANCIAL STATEMENTS.

I, I NORMALLY DON'T GO THROUGH THESE, AND I'M NOT GONNA GO INTO TOO MUCH DETAIL, BUT WE DO HAVE OUR AUDITOR'S REPORT, WHICH IS ON THE FINANCIAL STATEMENTS, AND THAT IS A CLEAN OPINION.

IT'S WHAT'S CALLED AN UNMODIFIED OPINION.

IT'S BEHIND THE SECOND TAB OF THE REPORT THAT I GAVE YOU.

AND IT BASICALLY TELLS THE READER THAT WE'VE AUDITED FINANCIAL STATEMENTS AND WHAT YOU'RE ABOUT TO READ IS ACCURATE.

UH, IT HAS TAKEN US AUDITORS OVER THE YEARS FROM TWO PAGES NOW, TAKES US ABOUT, UH, FOUR PAGES TO SAY THE SAME THING, BUT IT'S A CONTINUOUS, UM, DRIVE TO MAKE SURE THAT THAT READERS OF FINANCIAL STATEMENTS KNOW THAT THERE'S INDEPENDENCE BETWEEN THE AUDITOR AND THE, THE AUDITEE FINANCIAL RESULTS.

UM, UH, A LOT OF THINGS THAT WE TALKED ABOUT IN THE PAST IN TERMS OF PENSION LIABILITIES AND, AND, UH, POST-EMPLOYMENT BENEFIT LIABILITIES, THOSE HAVE SORT OF LEVELED OFF AND ARE NOW CONSISTENT.

THEY'RE NOT IMPACTING THE FINANCIAL STATEMENTS, UH, AND THE CHANGE FROM YEAR TO YEAR.

SO THAT'S VERY CONSISTENT.

WE DID HAVE A NEW AUDITING STANDARD, OR ACTUALLY REPORTING STANDARD THAT WAS IMPLEMENTED AROUND LEASES.

UM, SO THAT'S BEEN A HOT TOPIC FOR A NUMBER OF YEARS IN THE NON-GOVERNMENTAL AND NOW IN THE GOVERNMENTAL AREA WHERE YOU TAKE AN OPERATING LEASE, WHICH IS JUST AN ONGOING, UM, AGREEMENT TO EITHER RECEIVE MONEY FOR THE USE OF A FACILITY OR TO PAY MONEY FOR THE USE OF FACILITY OR EQUIPMENT AND PUT THAT ON THE BALANCE SHEET.

SO YOU'RE LOOKING AT THE NET PRESENT VALUE OF THAT AGREEMENT ON THE BALANCE SHEET.

UH, IT'S JUST A WAY FOR THE FINANCIAL, UM, STATEMENT READER TO SEE THE DEPTH AND BREADTH OF, OF WHAT YOU HAVE IN TERMS OF LEASES.

SO NOT A SIGNIFICANT IMPACT TO THE FINANCIAL STATEMENTS.

UH, THE BIGGEST IMPACT WAS IN THE AREA OF FACILITIES THAT YOU LEASE OUT.

SO YOU HAD A LEASE RECEIVABLE THAT'S PUT ON THAT, ON THE BALANCE SHEET, AND YOU CAN SEE THAT, UM, WHEN YOU LOOK AT THE, THE GOVERNMENT GOVERNMENT-WIDE FINANCIAL STATEMENT.

SO THAT WENT WELL.

UH, THAT WAS A, A REALLY BIG DEAL FOR SOME OF THE CLIENTS LIKE PORT FREEPORT, WHO HAS HUGE LEASES OF FACILITIES.

UM, THEY WERE PUTTING HUNDREDS OF MILLIONS OF DOLLARS OF

[00:45:01]

RECEIVABLES ON THE BALANCE SHEET.

YOU GUYS WERE PUTTING $2 MILLION.

YEAH.

OURS IS THE BALANCE.

AND THE ONE THAT MR. CADEN REFERS TO IS, UM, UM, AT AND T VERIZON RENTALS ON WATER TOWERS.

YEAH.

THEY, YOU KNOW, THEY, THEY BRING THAT IN AND SAY, OH, IF YOU SOLD IT TODAY, AND SOMETIMES WE GET PEOPLE ASK US, HOW WOULD YOU SELL THAT? AND STUFF, THEY, THEY PLACE OF VALUE ON THAT CORRECT.

PLACE OF VALUE ON THAT.

AND THEN IT'S OFFSET BY WHAT'S CALLED A DEFERRED INFLOW.

SO IT, IT BASICALLY DOES NOT IMPACT YOUR EQUITY, BUT IT JUST SHOWS VISIBILITY OF WHAT THE VALUE OF THOSE, UH, THOSE LEASES ARE.

SO JUST MAKING YOU AWARE THAT THAT HAS IMPACTED THE FINANCIAL STATEMENTS AS WELL.

UM, WE DID NOT DO A SINGLE AUDIT.

THERE WAS, UH, WE DID NOT RISE TO THE LEVEL, UH, NEEDED FOR DOING COMPLIANCE AUDITING ON FEDERAL PROGRAMS. I DO BELIEVE THAT WILL HAPPEN THIS YEAR.

UM, I KNOW THAT Y'ALL GOT, UH, AS MOST GOVERNMENTAL ENTITIES DO HAVE STILL SOME OF THE COVID RELATED RELIEF FUNDS THAT ARE IN THE PROCESS OF BEING SPENT.

SO WE'LL LOOK FORWARD TO HAVING TO DO THAT COMPLIANCE AUDIT THIS YEAR.

UH, THE REPORT IS, AGAIN, VERY ROBUST.

UM, IT'S, IT'S A VERY DETAILED, VERY, UH, GOOD DISCLOSURE TYPE REPORT.

UM, NOTHING THAT I REALLY WANT TO TRY TO POINT YOU TO.

THAT'S, THAT'S REALLY EXACT.

UM, IF WE GET TO THE VERY BACK, THERE ARE SOME LETTERS THAT I JUST NEED TO MAKE YOU AWARE OF.

THERE ARE REQUIRED COMMUNICATIONS.

ONE OF THEM, UM, DOESN'T HAVE A TITLE AT THE TOP.

THIS IS WHAT I CALL THE ENRON LETTER.

AND IT, IT WOULD JUST LET YOU KNOW IF THERE WAS SOMETHING THAT WENT WRONG IN THE AUDIT.

AND THIS IS A CLEAN LETTER.

IT TELLS YOU THAT EVERYTHING WENT ACCORDING TO PLAN OTHER THAN THE EXTRA WORK REQUIRED.

UM, REALLY THERE WERE NO, AGAIN, NO FINDINGS OR ANYTHING THAT WENT, WENT OUT OF THE PLANNED AREA.

UM, THERE IS A SECOND LETTER THAT, THAT SAYS INDEPENDENT AUDITORS REPORT AT THE TOP.

THIS WAS WHERE I WOULD LET YOU KNOW IF THERE WERE ANY CONTROL EFFICIENCIES.

WHAT BASICALLY MEAN IS, UH, IF THERE WERE ANY ISSUES WITH YOUR FINANCIAL, UH, RECORDS THAT WOULD CAUSE US NOT TO BE ABLE TO PREPARE FINANCIAL STATEMENTS.

AND THIS IS ALSO A CLEAN LETTER THAT SAYS THERE, THERE'S NO CONTROLLED DEFICIENCIES.

UH, THERE'S A THIRD LETTER THAT IS PROVIDED TO MANAGEMENT, WHICH BASICALLY JUST TALKS ABOUT SOME AREAS THAT, UM, THAT NEED CONTINUOUS IMPROVEMENT.

UM, AND ONE OF 'EM IS ALSO NOTED IN THE FINANCIAL STATEMENTS.

WE HAD A FEW FUNDS THAT WERE OVER BUDGET ON THE EXPENDITURE SIDE.

AND SO THAT'S ALSO SOMETHING THAT WE WOULD EXPECT, UM, WOULD BE IMPROVED THIS YEAR AS WE GET TO THE END OF THE YEAR AND WE MAKE ACCRUALS AND AUDIT ADJUSTMENTS.

SOMETIMES THAT THROWS SOME OF THOSE EXPENDITURES OVER BUDGET.

AND, UH, WE LOOK, WE, WE'D EXPECT THAT TO BE NOT AN ISSUE IN THE COMING YEAR.

SO THAT'S ABOUT ALL I HAVE TO SAY TONIGHT.

I DO, AGAIN, APPRECIATE THE OPPORTUNITY TO SERVE CITY OF LAKE JACKSON AS THE AUDITORS.

AND, UH, HAPPY TO REPORT THAT.

UH, WE MADE THE DEADLINE.

JAMES MADE THE DEADLINE, DID, DID A GOOD JOB WITH THAT.

UM, WE GOT GREAT COOPERATION FROM EVERYONE THAT WE WORKED WITH IN THE CITY.

UM, AND AGAIN, NOT ANYTHING OUT OF OUR EXPECTATION WHAT WE EXPECTED IT TO BE.

TOUGH.

AND IT WAS JUST A REAL QUICK QUESTION ON THE, UM, YOU'RE TALKING ABOUT THE ARPA FUNDS AND ALL THAT KIND OF STUFF, AND YOU'RE GONNA AUDIT THOSE NEXT YEAR.

ARE YOU GONNA BE, WHAT DOES THE AUDIT, DO YOU KNOW WHAT THE AUDIT'S GONNA CONSIST OF? IS THAT WE'RE SPENDING THE DOLLARS WHERE WE'RE SUPPOSED TO, OR THAT WE'RE SPENDING THE DOLLARS AND RECORDING 'EM OR WHATEVER? I DON'T KNOW.

WHAT ARE YOU, SO, SO IT'S, IT'S TWOFOLD.

ONE IS, WE, WE DEFINITELY WILL BE LOOKING AT, FROM A COMPLIANCE STANDPOINT OKAY.

WHERE THE THINGS THAT YOU SPENT THE DOLLARS ON MEET THE COMPLIANCE REQUIREMENTS OF THAT FEDERAL PROGRAM.

OKAY.

AND, AND WE HAVE FOUND ARPA FUNDS HAVE A PRETTY BROAD RIGHT.

DEFINITION APPLICATION.

AND, AND, BUT THEY HAVE, THEY HAVE EVOLVED, YOU KNOW, FROM WHEN THEY ORIGINALLY CAME OUT.

THEY HAVE EVOLVED WITH A LOT OF EXAMPLES AND, UH, WE DON'T EXPECT THAT YOU GUYS WILL HAVE ANY ISSUES THERE, BUT WE WILL HAVE TO DO EXTRA AUDIT WORK TO, AND WHAT'S THE, WHAT'S, WHAT'S THE TRIGGER? WHAT'S THE AMOUNT? 750,000.

SEVEN 50.

SO USUALLY WHEN WE, IN YEARS PAST, USUALLY WE'LL HAVE A SINGLE AUDIT AFTER A HURRICANE.

CORRECT.

WHEN WE GET, YOU KNOW, REIMBURSEMENT FROM FEMA.

FEMA.

RIGHT.

IN THIS INSTANCE, IT'LL BE THE RPA FUNDS AND THEN ALSO THE G O FUNDS, THE GRANTS, ANYTIME WE HAVE A LARGE GRANT.

RIGHT.

OKAY.

AGAIN, APPRECIATE YOU, UH, ALL THE HARD WORK AND STUFF AND THE SUPPORT THAT, UH, UH, YOUR FIRM HAS GIVEN US OVER THE YEARS AND STUFF, AND SO WE PRETTY APPRECIATE THAT.

OKAY.

IT'S ALWAYS GOOD TO SEE YOU.

YEAH.

ALL RIGHT.

THANK YOU.

THANK Y'ALL.

THANKS A LOT.

ALL RIGHT.

UH, WE'LL MOVE ON TO ITEM THREE.

AND THIS IS, UH,

[3. Reject animal control facility bids received on February 22, 2023 - Modesto Mundo]

REJECT ANIMAL CONTROL FACILITY BIDS, UH, RECEIVED ON FEBRUARY 22ND, 2023.

UH, I DON'T KNOW IF THERE'S ANY DISCUSSION HERE.

IS THERE ANY DISCUSSION THAT Y'ALL LIKE TO HAVE ON THIS? WE'VE TALKED ABOUT A FEW TIMES, SO I'LL TAKE A MOTION ON THIS ITEM.

MR. MAYOR, I MOVED.

THAT'LL BE REJECT ANIMAL CONTROL FACILITY BRIDGES RECEIVED ON FEBRUARY 22ND, 2023 SECOND.

ALL RIGHT.

WE HAVE A MOTION BY COUNCILMAN

[00:50:01]

NIA AND SECOND BY COUNCIL MEMBER BAKER.

ALL IN FAVOR SAY AYE.

AYE.

ANY OPPOSE? ALL RIGHT.

[4. Update on new business - David Walton]

UH, NEXT ITEM IS, UH, BUSINESS REPORTS.

DAVID IS IN AUSTIN REPRESENTING US WITH, UH, STATE LEGISLATURE.

SO, UM, ONE THING YOU HAD WAS, UH, I GUESS THIS CHICK-FIL-A STARTING WORK, OR ARE THEY STILL PENDING AND STILL PENDING? I HAVEN'T PICKED UP, YEAH.

OKAY.

NO, STILL PENDING.

I SPOKE WITH SCOTT THIS MORNING AND, UH, CONFIRMED ALL OF THESE.

UM, YEAH, STILL HAVEN'T GOTTEN ANYTHING FROM THEM.

UM, LET'S SEE.

REGAL HAS PAID THEIR PERMIT STILL WAITING ON PICKING UP THE PLANS.

UM, THE VILLAS, UH, THE APARTMENTS.

WE ARE STILL WAITING, UH, FOR SOME INFOR ADDITIONAL INFORMATION TO COME IN ON THAT.

UM, NOTHING ELSE HAS REALLY BEEN COMING OUT THAT WE CAN, THAT WE CAN SEE OF ANYTHING.

HAVE NO ACTIVITY ANYWHERE.

NO, NO ACTIVITIES REALLY.

WHAT IS, WHAT IS IM 24.

I'M IRON 24.

THAT'S A, UM, A GYM.

OKAY.

SO IT SAYS, YOU KNOW, WHEN I SPOKE WITH SCOTT THIS MORNING, IT SAYS THAT IT'S UNDER CONSTRUCTION.

THERE'S REALLY NOT A LOT TO DO THERE.

HE'S GONNA BE JUST A BIG WIDE OPEN GYM.

OKAY.

SO THEY WERE JUST UPDATING A COUPLE OF BATHROOMS, UH, ACCORDING TO SCOTT THIS MORNING, THEY ARE ALMOST COMPLETED WITH THAT, BUT HE DOESN'T KNOW AT WHAT, WHAT PERCENTAGE HE DOES KNOW THAT THEY'VE DONE A LOT OF, IS THAT A EXERCISE, GYM, BOXING GYM OR EXERCISES? JUST AS, AS FAR AS I KNOW, SIR.

YEP.

OKAY.

ALL RIGHT.

UH, SEE, LAST WEEK I WAS TALKED TO, UH, HAD THE XFINITY REPRESENTATIVES CAME IN, THEY OPENED UP THEIR NEW OFFICE, UH, NEXT TO, UH, FIREHOUSE, UH, UH, SANDWICHES OVER THERE IN FRONT OF THE, UH, THE MALL.

I MEAN, UH, WALMART AND STUFF LIKE THAT.

AND, UH, IT'S A FULL SERVICE STORE.

IT'S NOT LIKE PEOPLE THAT HAVE HAD XFINITY AND SO FORTH.

IT'S NOT LIKE THE CLTE LOCATION.

THEY'RE STILL GONNA KEEP THE CLTE LOCATION BECAUSE REALLY A CLTE LOCATION IS WHERE THEY HAVE ALL THEIR, THAT'S THEIR HUB.

THAT'S WHERE EVERY INTERNET COMPONENT AND EVERY CHANNEL COMPONENT GOES INTO THAT LOCATION.

BUT, UH, THIS IS A FULL, UH, STORE, SO YOU'LL BE ABLE TO GO IN AND LOOK AT NEW PRODUCTS THAT THEY HAVE AVAILABLE AND TRY 'EM OUT TYPE STUFF.

SO IT'S, IT'S AN, IT'S AN UPGRADE FOR XFINITY, UH, TO, TO PUT IN OFFICE LIKE THAT.

AND, UH, THAT'S THE ONLY OTHER BUSINESS THAT I'VE, UH, I'VE TALKED TO HERE IN THE LAST WEEK OR SO.

AND STILL NOTHING FROM CAVENDERS? NO, NO.

NOTHING AT ALL.

I MEAN, I'VE TALKED TO SOME PEOPLE THAT ARE IN THE MALL AROUND THAT AREA, AND THEY'RE SAYING, YOU KNOW, THINGS ARE GETTING CLEARED OUT.

IT'S ALMOST LIKE, BUT THEY WOULD'VE GIVEN, THE MALL WOULD'VE GOTTEN A PERMIT FROM US TO TEAR STUFF BACK TO STUDS, WOULDN'T THEY? FOR A WHITE, YEAH.

YEAH.

BUT WE HAVEN'T RECEIVED ANYTHING, SO ALL THEY'RE MOVING A LOT OF STUFF OVER THERE ON GARLAND.

LOT OF DIRT, THE HARMONY PARK LOCATION IN THERE.

OH, YEAH.

MM-HMM.

.

YEAH.

IT'S TOWNS AND STUFF.

OKAY.

OKAY.

ALL RIGHT.

THANK YOU ALL.

THANK YOU, MSUA.

ALL

[5. City Manager Updates]

RIGHT.

THEN WE'LL MOVE ON TO CITY MANAGER'S.

UPDATE, UH, ANY ACTIONS.

THIS IS THIS NEW THAT WE'VE, THAT WE'VE, WE'RE ASKING IS THAT CITY MANAGER DOES A, UH, OVERVIEW OF ANY KIND OF ACTIONS WE'VE TALKED ABOUT IN THE COUNCIL MEETING? YES.

AND YOU WERE EASY ON ME BECAUSE WE HAD A SHORT AGENDA.

SO THE ONLY ACTION ITEM THAT WE HAVE, OTHER THAN SIGNING A LOT OF, UH, OUR CONTRACT FOR THE DUNBAR RUSH ROOMS, UM, WE WILL, UH, BE WORKING TOWARDS WAITING FOR, UM, THE PLAT, UH, CLTE FOR THE, UH, DRIVEWAY AND THEIR GRUB WORK.

AND, UH, BEFORE WE ISSUE, UH, UM, UH, A PERMIT TO ISSUE, UH, ISSUE IT, AND I'LL SEND A LETTER ALSO TO MR. UH, KANAKO OR EMAIL TOMORROW, UH, TOMORROW, LETTING HIM KNOW OF, UH, OUR, THE COUNCIL'S DECISION.

OKAY.

SAL, IS GRUB WORK A A TRUE ENGINEERING COM, UH, CONSTRUCTION, CIVIL ENGINEERING TERM? IT IS A SMALL PORTION OF WORK, YES.

BUT WE IS BASICALLY THE ACTUAL PROJECT.

OKAY.

I DON'T KNOW IF IT'S AN ENGINEERING TERM, BUT I'VE HEARD SAL SAY IT A LOT.

.

WE WE'RE .

ALL RIGHT.

WE'LL

[6. Construction Updates]

MOVE ON TO, SINCE WE'RE TALKING TO SAL, UH, CONSTRUCTION UPDATES, YOU HAVE ANYTHING YOU WANT DROP ON US REAL QUICK? OKAY.

IF, UH, IF YOU HAVE ONE IN PARTICULAR THAT YOU'RE INTERESTED GROW, I'LL GIVE YOU AN UPDATE THERE.

UH, ON THE DOWNTOWN AREA, EVERYTHING SLOWED DOWN TO A TRICKLE, IF YOU HAVEN'T NOTICED OR IF YOU HAVE NOTICED.

UH, WE ARE TRYING TO GET, AND I WAS TRYING TO WORK WITH THE MAYOR, TRYING TO SEE WHETHER HE COULD USE SOME OF THE, UH, USE SOME OF HIS INFLUENCE IN THERE TO, TO

[00:55:01]

GET THE LIGHTING PRIMARILY BECAUSE THAT IS WHAT WE ARE REALLY HURTING IN.

UH, THE, UH, ALL THE OTHER SUBCONTRACTOR WORK, UH, CONCERNING LANDSCAPE IS SLOWLY CONTINUING THROUGH THERE.

UM, THEY STILL HAVEN'T FOUND ANY OF THE, OF THE TREES THAT WE ASK THEM TO FIND THE SAUCE OR MAGNOS ARE NOWHERE TO BE FOUND.

MM-HMM.

IF YOU CAN GIMME A GOOD SOURCE, LET ME KNOW.

OKAY.

UH, THE, BUT THE LIGHTS ARE NOT PART OF THE CONTRACTOR.

THAT'S, UH, THAT'S WITH CENTERPOINT.

THAT'S CENTERPOINT.

THOSE ARE STREET LIGHTS, CENTERPOINT STREET LIGHTS, THOSE STREET LIGHTS.

SO THE PEDESTRIAN LIGHTS ARE GOING FORWARD.

THE PEDESTRIAN LIGHTS ARE ALSO, ARE BEING PROBLEMATIC BECAUSE OF THE LA OF THE, UH, ENGINEERING, UH, ELECTRICAL PLAN THAT WE HAVE THERE, THERE ARE SOME QUESTIONS THAT HAVE NOT BEEN ASKED.

UH, WE HAD TO INCREASE THE, UH, THE SIZE OF THE FEEDER, UH, THE LENGTH GOING TO THE, UH, NEAREST, UH, THE NEAREST SUPPLY, UH, POWER POLES.

RIGHT.

UH, AND THAT HAS NOT PUT A QUESTION MARK ON THE SIZE OF THE WIRE GOING TO THAT.

UH, SO WE ARE WORKING WITH THE ENGINEER, THE ACTUAL DESIGN ENGINEER, WHICH WE WERE TRYING TO AVOID GOING BACK TO, BUT WE'RE TRYING TO, UH, MAKE SOME DETERMINATION ON WHAT IT IS, HOW MUCH IS GONNA COST US.

AND, UH, FYI, UH, SEVERAL, IT'S PROBABLY BEEN A MONTH AGO WHENEVER CENTER POINT GAS CAME INTO DOWNTOWN AND STARTED PUTTING NEW GAS LINES IN, THEY BUSTED SOME OF THE NEW CONCRETE UP, ESPECIALLY IN FRONT OF GRATIS.

AND OKAY.

THEY'RE, YOU'RE, YOU SAID THAT THOSE ARE THO THAT'S PART OF THE OLD CONCRETE.

OKAY.

ON GRAS.

OKAY.

AND, UH, BUT YES.

AND, BUT THE PROBLEM WAS IS THAT THEY BROKE THE, WHAT'S DELIVERED, THE, THE MORE EXPENSIVE CONCRETE OLD CONCRETE, BUT STILL NEW.

STILL NEW.

YEAH.

STILL NEAR.

CORRECT.

AND THEY DIDN'T HAVE THE, THE FIELD CREWS.

THEY HAVE FIELD CREWS TO DO SPECIALIZED CONCRETE.

AND THAT'S THE PROBLEM.

TRYING TO GET THOSE SPECIALIZED SCREWS TO GO OUT THERE AND DO THE SOFT CUTS AND DO THE, UH, THE SANDBLASTING THAT THAT PARTICULAR AREA REQUIRES, REQUIRES ALL THE OTHER PATCHES THAT THEY WENT OUT THERE AND MADE THE CUTOUTS, EVERYTHING, THOSE, THOSE ARE BEING, UH, POURED AND, YOU KNOW, THIS IS REALLY KIND OF A TEST.

UM, WILL THEY BE ABLE TO REPAIR IT TO OUR SATISFACTION THAT, THAT, THAT'S GONNA BE THE QUESTION IS THAT'S ONE THING THAT WE NEED TO, THAT, YOU KNOW, WE STILL HAVE A, THE ROAD, THE, THE SPECIALIZED WORK WE HAVE DONE.

YEAH.

IT'S A DETAIL, IT'S OVER ROAD, YOU KNOW, IS IN THE RIGHT OF WAY.

IT'S NOT, YOU KNOW, IT'S NOT LIKE A PRIVATE DEVELOPMENT.

RIGHT.

SO WE HAVE CENTER POINT GAS, CENTER POINT, WE HAVE CABLE AND STUFF.

NOW IT'S GONNA PROBABLY START TESTING US OVER THE YEARS.

IS THAT WHEN IT GETS BROKEN, CAN THEIR SUB, YOU KNOW, REPAIRED OR WILL IT TAKE US AND THEN, YOU KNOW, AND CHARGE BACK, YOU KNOW, TO THEM.

SO THIS IS PROBABLY OUR FIRST TEST.

WELL, REGARDLESS IF WE CAN JUST GET IT CLOSE, BUT IT'S BETTER THAN JUST STUFFING A BUNCH OF BLACK TOP INTO A CONCRETE.

YEAH.

SO THE ONE THAT YOU, THE ONE OF THE LARGER ONES, THEY HAVE JUST PUT IN A PLANT ON TOP.

RIGHT.

AND THAT'S ABOUT THE ONLY THING, UH, ONE OF THE, UH, MAJOR THINGS THAT WORK, THAT STARTED WORK WAS ON THE NORTH PARKING PLACE ON THE UPPER LEVEL.

THEY STARTED SOFT CUTTING, UH, ALONG ALL THE, UH, STOREFRONTS THERE.

AND WE ALREADY HAVE SOME, UH, DISSATISFIED CUSTOMERS.

THEY JUST, YOU KNOW, DUE TO THE FACT THAT ALL THE DUST THAT CAME OFF OF THAT SOCK, YOU KNOW, SORT OF DUSTED THEIR BUILDINGS.

AND SO NOW WE HAVE, UH, SOME DISSATISFIED PEOPLE.

I'VE HAD A QUESTION FROM THE BUSINESS OWNER, UM, THAT USED TO BE, IT'S, UM, SHEER PERFECTIONS NOW.

IT'S THE HAIR SALON RIGHT THERE.

MM-HMM.

.

SO WHERE THEY, THEY, THEY'VE GOT PRIVATE PARKING AND THEN THEY PUT THE STRIP IN AND THEN THEY'VE GOT CITY PARKING.

SO THE QUESTION WAS, IS IN THE TRAIL FROM THE CITY PARKING UP TO THE PROPERTY, LIKE WHERE THEY HAVE TO CROSS OVER THAT MEDIAN, WHAT IS THE SURFACE GONNA BE? CUZ SHE WAS EVEN ASKING, CAUSE SHE DOES HAVE A LOT OF ELDERLY PATIENTS.

YES.

IT'S GONNA BE PAVERS OR IT'S GONNA, THERE'S GONNA BE PAVERS.

SHE, SHE SAID, I'LL COME PUT PAVERS THERE.

I WILL.

SO IS IT GONNA BE, I WILL, I WILL LOOK TO SEE THE PATH GOING TO SHEER PERFECTIONS.

YEAH.

SO IF YOU'RE PARKED RIGHT IN FRONT OF SHEER PERFECTIONS, YES.

BUT IN THE CITY PARKING, IN ORDER TO STAY ON CONCRETE, YOU WOULD HAVE TO GO ALL THE WAY DOWN ALMOST TO GRATIS OR ALL THE WAY DOWN IN FRONT OF CARRIAGE FLOWERS TO GET AROUND.

UNLESS YOU CAN CROSS OVER THAT MEDIAN.

SHE'S ASKING WHETHER THERE BE SOME PAVERS OR SOMETHING.

LET ME LOOK AT THAT.

I WANT TO SEE WHETHER THERE'S ANYTHING CALLED FOR HIM BETWEEN THAT MEETING THERE SO THAT PEOPLE, SO THERE'S A MEDIAN THERE WHERE THE CORRECT MYRTLES ARE.

IS THAT THE ONE WE WERE TALKING ABOUT? YEAH.

WHERE WE TOOK THE PARKING AWAY JUST NOW? YES.

THAT'S WHERE WE'RE TALKING ABOUT.

OKAY.

WE USED TO HAVE SOME, UH, PADS IN BETWEEN THE MEDIANS AND THOSE MIDDLE MEDIANS.

RIGHT.

WHERE PEOPLE COULD STEP OVER.

RIGHT.

I DON'T THINK WE HAVE ANY OF THESE PARTICULAR ONES.

[01:00:01]

I DON'T THINK WE DO PROTECTIVE PARKING AWAY.

YES.

AND IN SOME CASES THE MEETINGS ARE A LITTLE BIT, UH, THEY HAVE DIFFERENT LEVEL.

ITS DEEP INSTEAD OF JUST BEING, UH, UH, JUST, BUT WE'LL, WE'LL LOOK AT IT AND SEE WHAT WE NEED TO DO IN ORDER TO, TO GIVE SOME PATHS.

UH, SO, UH, SHE OFFERED, SHE SAID SHE'S GOT SOME PAPERS IN HER BACKYARD.

SHE'LL TELL WE'RE, WELL, YOU KNOW, WE'RE OPEN, WE'RE OPEN.

UH, AND I, ANY OTHER QUESTIONS ON ANY OF THE PROJECTS? WE ARE GONNA BE MEETING TOMORROW? UH, NOT TOMORROW, THIS, THIS WEEK WITH THE, UH, THE, UH, CONTRACTORS THAT ARE GONNA BE BIDDING ON THE, UH, MULCH ROAD.

UH, SO WE'RE GONNA HAVE A PRE, PRE-CONSTRUCTION MEETING WITH THEM, OR PRE, UH, BID MEETING WITH THOSE GENTLEMEN.

OKAY.

SO IS THE AZELIA STREET, UH, UH, EXTENSION TO OUR CITY SATISFACTION SO FAR.

WE ARE MEETING WITH THE CREDIT UNION ABOUT THIS PARTICULAR THING TOMORROW.

CORRECT.

YEAH.

NO WORK HAS BEEN DONE ON THE ROAD YET.

NO, NO WORK HAS BEEN DONE.

THE ROAD, THEY'RE DOING THE SURFACE PREPARATION.

RIGHT.

THEY'RE DOING PRIMARILY THE SITE WORK FOR THE HOTEL.

HOTEL, YEAH.

THEY HAVE NOT MOVED INTO THE ROAD AT ALL.

IT'S BEEN HARD TO SEE FROM THE ROAD.

YES.

IT'S VERY HARD.

RIGHT NOW THE HOLDUP ON THE ROAD IS JUST ALL THE PROPERTY TRANSFERRING AND SELL.

YES.

AND EASEMENTS, EVERYBODY'S NERVOUS ABOUT BUILDING SOMETHING THAT THEY DON'T OWN.

YES.

YES.

OKAY.

AND THE, UH, WE ARE ALSO EXPECTING THE LAST, UH, THE PLANS, THE FINAL PLANS ON THE NORTH SHADY OAKS PROJECTS AND, UH, PUT IT OUT FOR BID.

THE, UH, RESEARCH PRO PROJECT THAT THEY BUILT THE RETENTION AREA, YET THE RETENTION POND IS BUILT.

OKAY.

THE HOLD IS BUILT.

UH, SO, AND THE OUTFALL IS IS THERE ALREADY.

OKAY.

DO WE KNOW ON THAT, ON THAT BUILDING, ON THAT AREA, DO THEY HAVE ANY OF THOSE PROPERTIES SOLD OR LEASED OR ANYTHING? UH, NOT THAT, UH, NOT THAT WE KNOW OF.

NO.

THEIR, THEIR DEAL WAS THEY, WHAT THEY SAID WAS THEY WEREN'T GONNA LEASE ANYTHING UNTIL IT'S COMPLETE.

AND THEN THEY'LL LEASE.

THEY'RE NOT GONNA, THEY'RE NOT GONNA LEASE AS THEY, THEY'RE COMPLETED.

OKAY.

THAT'S, THAT'S THEIR, THAT'S THEIR, THEIR METHOD THAT THEY DO BUSINESS, UM, BUSINESS MODEL.

YEAH.

AND THEY, THEY CANNOT LEASE UNTIL, UH, MS. E ENGLISH'S DEPARTMENT.

WELL, YOU KNOW, WE, ITS A CERTIFICATE.

YEAH.

WE HAVE TO ISSUES CERTIFICATE OF AS OCCUPANCY DIRECTOR.

YEAH.

WE HAVE IN THE PAST FOR LIKE AN APARTMENT COMPLEX.

UM, IF THE BUILDING'S READY AND PASSES INSPECTION FROM THE CODE, THEY'LL APPROVE A BUILDING, YOU KNOW, SO THAT, THAT COULD, THAT COULD HAPPEN IF THEY FELT THAT THE BUILDING WOULD, YOU KNOW, YOU KNOW, MET THE STANDARD SO THEY COULD APPROVE A BUILDING.

BUT RIGHT NOW, I DON'T THINK THEY'RE READY ON ANYTHING.

MM-HMM.

.

YEAH.

AGAIN, THEIR BUSINESS MODEL WAS, IS THEY DON'T START ANY LEASING UNTIL THE WHOLE FACILITY IS DONE.

AND THEN THEY START THEIR LEASING PROCESS.

CORRECT.

START MOVING FROM A DIFFERENT PART OF TOWN, FROM DOWNTOWN TO PLANTATION.

UH, THE DAIRY BAR.

YES, SIR.

RIGHT NEXT TO IT.

DID THEY BUY THE LOT NEXT TO IT AND MAKE IT A, UH, PARKING LOT? WELL, IT IS, IT IS THEIR PROPERTY.

IT BELONGS TO THE DAIRY BAR PROPERTY.

UH, BUT THEY WERE PARKING IN IT.

AND THAT'S ONE OF THE CONDITIONS THAT, OR ONE OF THE POLICIES THAT WE HAVE IS THAT UNLESS IT'S CONNECTED INTO JUST ONE PROPERTY ITSELF, ONE SITE, THEY CANNOT USE THAT AS PARKING.

AND MISS AND MS. ENGLAND'S DEPARTMENT HAS SENT OUT LETTERS TO THEM AND A COUPLE OF OTHER OWNERS LETTING THEM KNOW THAT THEY CANNOT DO THAT.

NOW THERE'S A PATH FOR THEM TO DO THAT.

THEY CAN COME TO THE PLANNING COMMISSION AND REPLANT IT AND REPLANT IT AND JOIN IT AS ONE LOT, AND THEN I IMPROVE IT.

BUT RIGHT NOW, AS A SEPARATE LOT THAT DID NOT, SO WE'VE, WE'VE NOTIFIED I THINK FOUR OR FIVE, UH, PROPERTY OWNERS, UH, OF THE SAME CONDITION.

AND IF THAT PROPERTY WERE CONNECTED, IT, IT COMBINED INTO ONE PARTICULAR TRACT.

THE HARD SURFACE UNDERNEATH THERE, WHICH IT, IT DOES HAVE AN OLD HARD SURFACE, COULD, UH, YOU KNOW, COULD MAKE IT AS A PARKING RIGHT.

IN AN ALL PARKING CONDITION.

OKAY.

ANYTHING ELSE? ALRIGHT, THANK

[ITEMS OF COMMUNITY INTEREST]

YOU.

THANK YOU.

WE'LL MOVE ON TO, UH, ITEMS OF COMMUNITY INTEREST.

AND WE'LL START OFF WITH, UH, I'LL START.

WE'RE ON JOHN'S SIDE.

MR. BAKER? NO, SIR.

ALL RIGHT.

MATT.

NOTHING FROM ME.

THANK YOU.

ALL RIGHT.

TWO THINGS FROM ME.

REMIND EVERYBODY ON, UH, SATURDAY APRIL 15TH.

THE MONTH WE KNOW IS GOING TO BE THE APRIL, UH, THE SHRED DAY DAY WHERE THE CITY PARTNERS WITH TEXAS GULF BANK.

YOU CAN BRING UP TO FIVE BOXES OF SHREDS, WE'LL UNLOAD 'EM FOR YOU.

UH, THEY'RE ALSO ACCEPTING, UH, OLD CELL PHONES, EYEGLASSES, AND ALSO BROKEN STRING LIGHTS.

UH, STARTS AT EIGHT 8:00 AM BUT PEOPLE START LINING UP ABOUT WHAT, SIX 30 .

RIGHT.

AND, UH, IT GOES EITHER UNTIL THE TRUCK IS FULL OR UNTIL ABOUT 11 11 30.

UM, SO APRIL SHRED DAY, IT'S A GREAT DAY TO DO SPRING CLEANING.

[01:05:01]

UH, SECOND THING, SINCE HE'S IN THE ROOM, JUST, UH, LIKE TO THANK MR. STON FOR ALL THE YEARS OF SERVICE.

WE APPRECIATE YOU AND YOU WILL BE MISSED.

THANK YOU.

I WANTED TO HUG.

OKAY.

JUST A SECOND BEFORE YOU MOVE ON, MAYOR.

OKAY.

UH, I THINK I SPOKE TO SALLY, UH, ONE DAY LAST WEEK ON THE VOTING COMING UP THAT, UH, WE FOUND A MISTAKE THAT THEY HAD THE VOTING AT THE LIBRARY.

UH, IT WAS, NO, IT'S BEEN MOVED.

THE CIVIC CENTER.

AT THE CIVIC CENTER, THEY HAD IT POSTED.

IT WAS GONNA BE AT THE SERVICE CENTER, BUT I THINK ALL OF SUPPOSED TO BE AT THE LIBRARY.

AND I THINK SHE UPDATED THE COUNTY DID.

THE COUNTY DID THAT.

THE COUNTY DID.

OKAY.

THE COUNTY DIDN'T RESERVE THE ROOM.

YEAH, YEAH.

BUT IT WAS POSTED ON THEIR WEB PAGE, ON THEIR WEBSITE.

THEY STILL, THEY HAD A LINK THAT SHOWED THAT IT WAS AT THE CIVIC CENTER, BUT I CONTACTED THEM AND THEY CORRECTED THAT COUNTY WEBSITE, NOT MY SITE.

YEAH.

ALL RIGHT.

OKAY.

BENNET, NOTHING SIR.

CHASE? NO, SIR.

ALL RIGHT.

AND, UH, I'M GONNA YIELD TO SK, I APOLOGIZE.

I DIDN'T KNOW THE PROCEDURE.

THAT PERFECTLY FINE.

NO APOLOGY NEEDED.

WHAT ARE THEY GONNA DO? FIRE YOU.

THAT'S RIGHT.

.

YEAH.

UM, GOODNIGHT.

UH, MY NAME IS A, TO SANCHEZ, UH, 34 CORCO STREET, LAKE JACKSON.

UM, I RETIRED FROM THE CITY, UM, EFFECTIVE, UM, LAST FRIDAY, 31ST OF MARCH.

AND SO I JUST, UH, THAT'S, IT'S FIT FOR ME TO COME GIVE YOU MY, YOU KNOW, UM, THOUGHT ABOUT MY EXPERIENCE WORKING THOSE MANY YEARS.

AND PRIMARILY, I WANT TO SAY THAT I REALLY SAW IT AS A PRIVILEGE AND HONOR TO SERVE UNDER YOU THIS COUNCIL AND THE CITY MANAGER AND ALL THOSE COUNCILS AND CITY MANAGER BEFORE.

AND THEN ALSO IT'S, UM, WAS AN HONOR AND PRIVILEGE TO SERVE ULTIMATELY THE RESIDENTS OF LAKE JACKSON.

AND I WOULD LIKE TO SAY THAT I REALLY APPRECIATE THE SUPPORT THAT, UM, THIS COUNCIL AND THE COUNCIL BEFORE, UH, HAVE GIVEN ME.

AND IN PARTICULAR, ONE, UM, THAT I WILL ALWAYS REMEMBER IS, UM, UH, WHEN I WAS, UH, DEPLOYED, UH, BACK IN 2003, THE SUPPORT THAT, UM, THE CITY COUNCIL THEN, UH, ADMINISTRATION AND, UH, MY FELLOW, UM, STAFF MEMBERS, UH, GAVE ME AND MY FAMILY.

AND THAT WAS, UM, ONE, ESPECIALLY COMING FROM A PRIVATE SECTOR THAT I HAD A LOT OF PROBLEM WITH IN TERMS OF THEIR SUPPORT FOR SERVICE, UM, MEMBER, UM, ACTIVITIES.

SO, UM, I JUST DIDN'T WANT THIS OPPORTUNITY TO GO WITHOUT MY EXPRESSING MY, YOU KNOW, MY, MY DEEPEST, UM, THANKS AND GRATITUDE.

WELL, THANK YOU VERY MUCH.

AND, UM, AGAIN, I'VE, YOU KNOW, I SAID THE OTHER DAY AND IT WAS SAID SEVERAL TIMES, SAL DID A GREAT, UH, UH, TALK ABOUT, UH, YOU AND HOW MUCH YOU'VE MEANT TO OUR COMMUNITY AND TO HIS, TO THE DEPARTMENT AND STUFF LIKE THAT.

AND, UH, YOU'RE A TRUE GENTLEMAN.

THANK YOU.

WE APPRECIATE YOUR SERVICE FOR OUR COUNTRY AS WELL AS OUR CITY.

WE APPRECIATE YOU.

THANK YOU, SIR.

WE WERE LUCKY TO HAVE YOU.

THANK YOU.

AND I'M GONNA STAND UP AND APPLAUD ON NEW ADVENTURES, RIGHT? YES, MA'AM.

AND MAY GOD BLESS YOU ON YOUR NEW JOURNEY.

ALL RIGHT.

DESO, ANYTHING? NO, I HAVE NOTHING ELSE.

ALL RIGHT, WELL THEN WE'RE ADJOURNED.