[00:00:07] I'D LIKE TO CALL THIS MEETING TO ORDER AND ANNOUNCE THAT A QUORUM IS PRESENT AT 7:03 P.M. WE'RE GOING TO START OFF WITH OUR INVOCATION AND THEN GO INTO OUR PLEDGE OF ALLEGIANCE. DEAR HEAVENLY FATHER, WE COME BEFORE YOU TODAY WITH HUMBLE HEARTS AND OPEN MINDS. FATHER, I THANK YOU FOR GIVING US THIS DAY AND BEING WHO YOU ARE IN OUR LIVES. THANK YOU FOR SURROUNDING THIS CITY AND ENCAMPING YOUR ANGELS AROUND ABOUT IT TO GIVE IT PROTECTION. FATHER, I THANK YOU FOR EACH AND EVERY MEMBER THAT IS HERE TONIGHT. PRESENT AND PRAY BLESSINGS UPON THE ONES THAT ARE NOT. FATHER, WE THANK YOU FOR EVERY HOUSEHOLD THAT IS REPRESENTED HERE AND IN THIS CITY. FATHER, WE ASK THAT YOU GIVE US THE WISDOM TO DO WHAT IS IN YOUR WILL FOR THIS CITY. IN JESUS NAME. AMEN. AMEN. ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS. ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL. ALRIGHT. ALRIGHTY, LADIES AND GENTLEMEN, WE'RE GOING TO GO INTO OUR [ EVENTS/ANNOUNCEMENTS] EVENTS AND ANNOUNCEMENTS. THE FIRST ONE IS GOING TO BE MAYNARD NIGHT AT THE PARK. WE HAVE MISS OFFICER GLORIA ROCK WHO WILL SPEAK ON THAT. HELLO. THANK YOU FOR HAVING ME. MY NAME IS OFFICER ROCK. I'M THE COMMUNITY PROGRAMS OFFICER FOR MAYNARD PD. I WANTED TO REMIND EVERYBODY ABOUT MAYNARD. NIGHT AT THE PARK COMING UP OCTOBER 24TH, FROM 6 P.M. TO 10 P.M. AT TIMMERMAN PARK. IT'S A FREE EVENT FOR THE COMMUNITY. WE HAVE FREE FOOD, INFLATABLES, MUSIC, FACE PAINTING, BALLOON TWISTER AND THEN OUR OUR REAL POPULAR HAUNTED TRAIL. ALSO WANT TO THANK THE SPONSORS BECAUSE I COULDN'T DO IT WITHOUT THEM AND I HOPE TO SEE YOU ALL THERE. THANK YOU. DO YOU HAPPEN TO KNOW HOW MANY WERE IN ATTENDANCE LAST YEAR? I'M SORRY. CAN YOU REPEAT THAT? NO. DO YOU HAVE A COUNT OF MAYBE HOW MANY PEOPLE ATTENDED LAST YEAR? ESTIMATED ABOUT 25 TO 3000. SO WE'RE LOOKING FOR MORE THIS YEAR. NOT ALL AT ONCE. THEY KIND OF COME IN AND OUT, YOU KNOW, THEY FLOW THROUGH, THEY GO HOME SOME, YOU KNOW, THERE'S DIFFERENT TIME FRAMES THEY COME THROUGH. BUT YOU KNOW TRACY SHE DOES A SHE SHE ALWAYS DOES THE REGISTRATION TABLE. SO SHE'S ALWAYS ABLE TO GET A GOOD COUNT WITH HER SYSTEM. ALL RIGHT. THANK YOU. ALL RIGHTY. I HAVE ONE MORE THING. I JUST WANTED TO SAY THANK YOU FOR PUTTING THIS ON. I KNOW THAT'S A LOT OF WORK. I KNOW THAT IT'S A LOT OF TIME AND LOVE AND ENERGY THAT GOES INTO IT. I ALWAYS HEAR GREAT THINGS ABOUT IT. I ALWAYS, YOU KNOW, HEAR THAT, YOU KNOW, THEY'RE LOOKING FORWARD TO IT FOR THE NEXT YEAR. THEY THEY HAVEN'T EVEN LEFT THE PARK. AND THEY'RE ALREADY SAYING HOW WONDERFUL IT IS. SO THANK YOU FOR ALL THE WORK THAT YOU PUT INTO IT. I, WE REALLY, REALLY APPRECIATE THE COMMUNITY APPRECIATES IT. THANK YOU FOR SAYING THAT. THANK YOU. WE DO APPRECIATE YOU AND ALL THE WORK THAT YOU DO. THANK YOU VERY MUCH. ALRIGHT. THAT'S ALL. ALRIGHT. THANK YOU. THANK YOU. NEXT WE'LL GO TO OUR FIESTA ANNOUNCEMENT. AND THAT WOULD BE PRESENTED BY MR. FELIX PIES. JOHANNA YOU CAN COME UP TO. I KNOW Y'ALL Y'ALL GET TIRED OF SEEING ME. GOOD EVENING COUNCIL. I AM FELIX PIES. AS OF TWO WEEKS AGO, I AM NOW THE CHAIR OF THE FIESTA. SO. YEAH. NOW, WE JUST WANTED TO INVITE YOU ONCE Y'ALL GET DONE WITH THE HAUNTED HOUSE ON ON FRIDAY, Y'ALL BE SURE. AND DON'T PARTY TOO MUCH AND COME BACK FOR THE FIESTA. WE DID. THIS IS A KIND OF A A SHORT THING WE WE CAME UP WITH, YOU KNOW, THAT THAT LOVELY FATHER HENRY LOVES TO PLANT STUFF REAL QUICK. SO, YOU KNOW, WE CAME UP WITH THIS IN ABOUT 3 OR 4 MONTHS. SO WE HAVE SOME GROUPS COMING OUT. THERE ARE SOME OTHER THINGS. THERE'S GOING TO BE PLENTY OF FOOD VENDORS. BINGO. ALL GOOD STUFF, EVEN GAMES FOR THE KIDS. SO Y'ALL COME OUT, COME OUT. ENJOY IT. THIS YEAR WE ARE ALSO HAVING. ONE OF THE STAGE GUYS IS ACTUALLY WENT TO SCHOOL IN MAYNOR. SO YOU KNOW I'M I'M BIG [00:05:05] ON USING PEOPLE FROM MAYNOR. SO HE DID GRADUATE WITH ME. SO THAT'S A BIG THING. BUT AS OF TODAY ABOUT 4:00 WE'VE ALREADY BOOKED THE HEADLINER FOR NEXT YEAR. SO WE'RE WE'RE ALREADY STARTING. SO YOU GUYS GOT ANY QUESTIONS? QUESTIONS. NO THANK YOU I APPRECIATE IT AND DEFINITELY DEFINITELY LOOK FORWARD TO IT. YEAH. ALRIGHTY. WE ARE GOING TO GO INTO OUR [PUBLIC COMMENTS ] PUBLIC COMMENTS ON AGENDA ITEM. PUBLIC COMMENTS ON THE WHITE CARD COMMENTS WILL BE TAKEN FROM THE AUDIENCE ON NON AGENDA RELATED TOPICS FOR LENGTH OF TIME, NOT TO EXCEED THREE MINUTES PER PERSON. AGENDA ITEM. PUBLIC COMMENTS ON THE YELLOW CARD COMMENTS WILL BE TAKEN FROM THE AUDIENCE ON A NON AGENDA AND AGENDA ITEMS COMBINED FOR A LENGTH OF TIME NOT TO EXCEED FIVE MINUTES IN TOTAL PER PERSON ON ALL ITEMS EXCEPT FOR PUBLIC HEARINGS. COMMENTS ON PUBLIC HEARING ITEMS MUST BE MADE WHEN THE ITEMS COME BEFORE THE COUNCIL, AND NOT TO EXCEED TWO MINUTES PER PERSON. NO ACTION OR DISCUSSION MAY BE TAKEN BY THE CITY COUNCIL DURING THE PUBLIC COMMENTS ON NON AGENDA ITEMS. FIRST WE HAVE MISTER BETTYE. AND YOU WILL HAVE FIVE MINUTES OR THANK YOU. AND IF YOU CAN TELL ME WHEN THREE IS DONE I APPRECIATE IT. AND I'M ACTUALLY GOING BY BATTLE NOW, WHICH IS HOW MY FAMILY NAMES BEEN PRONOUNCED FOR THOUSANDS OF YEARS. ONE THING I'D LIKE TO SAY ABOUT THE MINUTES FOR ONCE, YOU ACTUALLY HAD THE MINUTES IN SO PEOPLE COULD READ THEM. BUT I HAVE TO SAY THAT MY PORTION IS WOEFULLY INADEQUATE WHEN ALL IT SAYS IS. ROBERT BATTLE EXPRESSED HIS CONCERNS. THAT DOESN'T TELL SOMEBODY AT HOME READING THE MINUTES WHAT I TALKED ABOUT. YOU'RE SUPPOSED TO BE INFORMING THE PEOPLE, NOT TRYING TO HIDE FROM THEM. THAT'S A BIG PROBLEM WE HAVE HERE. NOW. I NOTICED ALSO THE COMPENSATION. YOU GUYS HAVE YOUR COMPENSATION IN THERE. HOW COME YOU NEVER PUT THE DOLLARS RIGHT BESIDE IT? YOU KNOW WHAT I MEAN? IT'S LIKE AN INVOICE WITHOUT A DOLLAR AMOUNT. WE'RE PAYING THE MAYOR FOR A MEETING ON THE 17TH AND 23RD SO HE CAN COME TALK ABOUT THE MAYOR'S BALL. THAT EVENT LOST $30,000 LAST YEAR. HE'S GOING TO DO IT AGAIN. THEN YOU OPEN THE BAR FOR 5000 BUCKS WORTH OF BOOZING IT UP FOR A FREE BAR. BEFORE YOU SPEND ANOTHER 30,000, YOU NEED TO PAY BACK THAT LAST 30,000. THE PD DEPARTMENTAL REPORTS, OF COURSE, SHOULD BE THINGS THAT WE TALK ABOUT. IT'S A BEAUTIFUL, SLICK REPORT. THE THE POLICE CHIEF'S LOOKING AT IT RIGHT HERE, BUT IT REALLY DOESN'T QUITE TELL US THE DANG THING THAT WE NEED TO KNOW, WHICH WAS HOW DO WE COMPARE TO OTHER COMMUNITIES AS IT RELATES TO CRIME? WE HAD A MURDER HERE AND IT DIDN'T. YOU DIDN'T EVEN NAME THE PERSON THAT GOT KILLED IN THE NEWSPAPER. I'D LIKE A MOMENT OF SILENCE FOR DONALD MCVAY, PLEASE. BUT OF COURSE YOU WANT TO LOOK DOWN YOUR NOSE AT HIM ANYWAY. THAT'S HOW HE TALKED. HE WAS A PO FOLK. HE WAS PO FOLK. HE WAS MY NEIGHBOR. HE WAS 75. TWO. I'D LIKE TO KNOW IF THE TEXAS RANGERS WERE BROUGHT IN TO HELP WITH THAT. I'D LIKE TO KNOW WHY HIS PICTURE WASN'T ON THE FRONT PAGE OF THE NEWSPAPER. THAT'S THREE. THANK YOU. OKAY, SPEAKING OF AGENDA ITEM NUMBER NINE, WHY IN THE HECK ARE WE PAYING A STORMWATER FEE FOR DEVELOPERS WHO PUT IN CONCRETE? THEY PUT IN THE CONCRETE. THE SUBDIVISION PUTS IN THE CONCRETE THAT CAUSES THE WATER RUNOFF. THAT'S WHO SHOULD PAY. AND INSTEAD YOU BUILD EVERYBODY IN TOWN $6 A MONTH FOR THE REST OF ETERNITY. GOOD GOD. OKAY, SO. MAYNARD DOWNS IS PART OF I GUESS WE'RE NOT REALLY SPECIFICALLY TALKING ABOUT THE AGENDA, SO I SHOULDN'T TALK ABOUT THAT. I APOLOGIZE, YOU KNOW, I COULD TALK FOR DAYS. MY LAWSUITS GO INTO TOWN, AND I SUGGEST YOU GUYS HAVE AN ANSWER READY BY THE 18TH OR THE 20TH TO MY MANDAMUS. WRIT OF MANDAMUS, I DEMAND A LOT OF THINGS, INCLUDING A NEW ELECTION. WE NEED TO THROW OUT THE ELECTION. ALL THE THINGS YOU GUYS APPROVED. YOU DIDN'T HAVE A QUORUM THAT WAS LEGAL. SO WE'RE GOING TO FIND OUT WHAT THE THIRD COURT OR. EXCUSE ME, THE THREE JUDGE MEMBER OF THE 15TH CIRCUIT OF APPEALS IS DOING. THANK YOU. THANK YOU SIR. NEXT WE HAVE KRISTA, AND YOU WILL HAVE THREE MINUTES, MA'AM. HI. MY NAME IS KRISTA SAWYER. I HAVE A RANCH ON 973 NEXT TO KB HOME, AND THE HIGH SCHOOL. I AM HERE TODAY TO TALK TO YOU GUYS ABOUT WATER QUALITY CONTROL. DURING A MEETING WITH SCOTT [00:10:06] DUNLOP LAST YEAR ABOUT MY OWN PERSONAL ISSUES, I FOUND OUT THAT THE CITY OF MAYNARD DOES NOT HAVE WATER QUALITY CONTROL, AND WHAT SCOTT RELAYED DURING THAT MEETING IS THAT THEN DEVELOPERS CAN BUILD HERE AND ONLY BUILD DETENTION PONDS. THEY ARE NOT REQUIRED TO BUILD RETENTION PONDS WHICH HOLD WATER ON THE PROPERTY THAT THEY ARE DEVELOPING. SO ESSENTIALLY YOU COULD HAVE A DEVELOPER, WHETHER IT'S TEN ACRES OR 100 ACRES, CREATING IMPERVIOUS COVER, WHERE THEY THEN DRIVE FLOWS INTO THE POND AND THEN RELEASE THE WATER OUT OF A CERTAIN POINT TO THEIR NEIGHBOR DOWNSTREAM. NOW, TEXAS LAW STATES, YOU CANNOT FLOOD YOUR NEIGHBOR. IT'S TEXAS WATER CODE 11.086. HOWEVER, IF YOU GO TO ANY OF THE NEW DEVELOPMENTS THAT HAVE BEEN APPROVED UNDER SCOTT'S EMPLOYMENT WITH THE CITY OF MANER, YOU WILL SEE THAT EVERY SINGLE ONE OF THE DETENTION PONDS IN THE CITY OF MANER DOES NOT HOLD WATER AND FLOODS PROPERTIES DOWNSTREAM. I'VE HAD PEOPLE THAT ACTUALLY WORK FOR THE CITY MESSAGE ME. THEY'RE SCARED TO SAY ANYTHING ABOUT IT BECAUSE THEIR HOMES ARE GETTING AFFECTED BY THESE FLOOD WATERS. SO HERE I AM, STANDING UP FOR MYSELF OR OTHER NEIGHBORS LIKE STEPHANIE, WHO'S BEING FLOODED CURRENTLY AND IS IN TOUCH WITH THE CITY EVERY SINGLE DAY. ABOUT THE DEVELOPER ON TOWER ROAD. WHAT I ASK IS THAT THE CITY HOLDS A HIGHER I'M SORRY THIS IS A MESS, BUT JUST A HIGHER STANDARD. THE CITY OF MANER IS BETWEEN THE EIGHTH AND THE SIXTH FASTEST GROWING CITY IN THE UNITED STATES. I DON'T KNOW IF YOU GUYS KNOW THAT, BUT IT'S A HUGE RESPONSIBILITY. YOU HAVE TO HAVE THE DEVELOPERS WHO ARE DUMPING BILLIONS OF DOLLARS INTO THIS COMMUNITY INVEST IN THINGS THAT WILL MAKE THIS PLACE A BETTER PLACE FOR THE CITIZENS. THAT INCLUDES HAVING FRESH WATER, NOT FLOODING FARMLANDS, OR RUINING PLACES THAT ARE ARE BIRDS MIGRATE THROUGH GETTING RID OF ALL THE TREES I, I WOULD ASK THAT YOU COME AND VISIT. I STILL HAVE 20S THAT YOU CAN COME VISIT MY PLACE AFTER ONE RAIN. YOU COULD GO TO MAYNARD COMM ROAD IN 1973. IT LOOKS LIKE A WHITE WATER RAPID OFF OF HEB. ONE RAIN LESS THAN AN INCH OF RAIN AND IT LOOKS LIKE YOU CAN GO TAKE A BEER AND GO DOWN DOWNSTREAM. IT'S TERRIBLE. SO WHAT I AM ASKING OF CITY COUNCIL AND I ASKED FOR FROM PLANNING AND ZONING. ALL RIGHT, YOUR TIME IS UP IS TO DO BETTER. THANK YOU. APPRECIATE IT. ALL RIGHT. NOW [PUBLIC HEARINGS ] WE'RE GOING TO GO INTO PUBLIC HEARINGS. PUBLIC HEARING NUMBER ONE, CONDUCT A PUBLIC HEARING ON THE SUBMISSION OF AMENDED SUBDIVISION CONCEPT PLAN FOR HOLLY SMITH, MUSTANG VALLEY BEING 399 LOTS ON 136.92 ACRES, MORE OR LESS. AND BEING TCAD PARCEL 25 9091 AND 25 9089 SUMMER SUMNER BACON SURVEY NUMBER 62, ABSTRACT 63, ALSO KNOWN AS 15 200 NORTH FM 973, MAYNARD, TEXAS. MR. MITCHELL YES, MY NAME IS MICHAEL BURRELL, DEVELOPMENT SERVICES DIRECTOR FOR THE CITY OF MAYNARD. THIS CONCEPT PLAN AMENDMENT CAME AFTER SUBSTANTIAL CHANGES WERE MADE TO THEIR PRELIMINARY PLAT, WHICH INCLUDED THE ADDITION OF AN ADDITIONAL ROADWAY THROUGH THE SUBDIVISION. WITH THAT ADDITIONAL ROADWAY, THEY WERE ABLE TO RECONFIGURE THEIR LOTS. THEY WERE ABLE TO GAIN MORE AS WELL AS THE ROADWAY. ALL OF THAT SAID, IT CAUSED THE LOT LINES TO SHIFT, AND BECAUSE THAT CHANGE WAS MADE, THE CONCEPT PLAN HAD TO BE AMENDED ACCORDINGLY. THANK YOU. WE'RE GOING TO DO PUBLIC COMMENTS. MR. ROBERT, YOU HAVE TWO MINUTES. CAN WE SEE THERE A CONCEPT PLAN, PLEASE? OKAY. THAT LITTLE AREA, THERE'S NO SUCH THING REALLY AS PARK. IT'S PARK LAND. ONE WORD, PARKLAND OR IT'S OPEN SPACE. THESE PEOPLE. I HAVE SEEN NOTHING ABOUT THE IN-LIEU PARK FEES. THEY'RE SUPPOSED THEY HAVE 399 LOTS. THEY'RE SUPPOSED TO BE PAYING. BASICALLY, THEY SHOULD HAVE EIGHT ACRES WORTH OF PARK THERE. THEY SHOULD BE PAYING $50,000 AN ACRE. THAT'S $399,000 IN DEVELOPMENT FEES. AND THEY SHOULD PAY 600 PER UNIT. SINCE THERE'S NO PARK. A PARK LAND IS SOMETHING YOU CAN [00:15:05] DO SPORTS IN. THERE'S NO AMENITIES I'VE SEEN ON HERE AT ALL. WE NEED TO HELP THESE DEVELOPERS WITH MAYBE 20 OR 40 GRAND. TWO WHY DO WE MAKE THEM PAY FOR ALL THE PARK STUFF? THAT'S WHAT I DON'T UNDERSTAND EITHER. THERE'S NO PARKING. THIS IS. ONCE AGAIN, THESE DEVELOPERS TRY TO MAKE A NEIGHBORHOOD PARK AND TRY TO CALL IT A COMMUNITY PARK AND NEVER GIVE US ANY PARKING. AND THEY PUT NO AMENITIES IN THERE, AND THEY WANT NO LIGHTS IN THERE BECAUSE THEY DON'T REALLY WANT ANYBODY TO COME TO IT. SO I WOULD LIKE TO KNOW AND THIS IS A PUBLIC HEARING. SO I'D LIKE TO GET SOME ANSWERS FROM THE DEVELOPER. IF THEY'RE HERE, I'D LIKE TO KNOW WHAT PARK FEES HAVE BEEN PAID, WHAT DEVELOPMENT FEES HAVE BEEN PAID, AND WHAT AMENITIES ARE YOU GOING TO PUT IN THAT PARK, PLEASE? AND I'LL STAND HERE TO GET THE ANSWER. THANK YOU. ALL RIGHT. NEXT WE HAVE. SORRY. DO WHAT? OH, YEAH. WE'RE JUST. I'M WAITING TO GET THE ANSWERS IS WHAT I'M WAITING FOR. OKAY, NOW WE HAVE KRISTA. YOU HAVE TWO MINUTES. I'M GOING TO STOP. NO, SIR. WHY DON'T YOU. THIS IS A PUBLIC HEARING. THAT'S WHAT'S SUPPOSED TO HAPPEN. YEAH. KRISTA, YOU HAVE TWO MINUTES, AND THEN I'LL LET YOU KNOW WHEN YOU CAN START. I'M GOING TO START MY TIMER, OKAY. TWO MINUTES STARTS NOW. HI. MY NAME IS KRISTA, AND I AM HERE ABOUT MY PROPERTY, WHICH IS ON THAT MAP TO THE NORTH OF KB HOMES. KB HOME HAS BEEN FLOODING ME. AS YOU ALL KNOW, SINCE THEY STARTED CONSTRUCTION AND CONTINUE TO FLOOD ME AND HAVE EVEN ADDED MORE HOMES TO THE PROPERTY WHICH INCREASES MORE IMPERVIOUS COVER. AND ON THE NEXT ITEM ON YOUR AGENDA, THEY ADD A CREEK ONTO MY PROPERTY. LAST WEEK I CAME AND SPOKE TO THE PLANNING AND ZONING COMMITTEE, AND WHILE THEY ALLOWED KB HOME IN THEIR REPRESENTATIVES TO SPEAK ABOUT MY PROPERTY, I WAS NOT ASKED ANY FURTHER QUESTIONS. MY PROPERTY IS PARTIALLY IN A 100 YEAR FLOODPLAIN, WHICH MEANS THAT 1% OF THE TIME THERE MAY BE FLOODING. HOWEVER, SINCE KB HOMES HAS STARTED BUILDING EVERY SINGLE TIME WATER FALLS FROM THE SKY, MY PLACE IS FLOODING. KB HOMES WON'T TAKE ACCOUNTABILITY FOR WHAT THEY'VE DONE. IT'S STARTED FLOODING ADDITIONAL AREAS OF MY PROPERTY. WHEN THEY START STAGE TWO AND STAGE THREE, THEY WILL FLOOD EVEN MORE AREAS OF MY PROPERTY. I THINK YOU GUYS NEED TO HOLD THESE PEOPLE ACCOUNTABLE. ADDITIONALLY, THE CITY DIDN'T PROVIDE ME THESE MAPS UNTIL ABOUT SIX HOURS BEFORE THE MEETING LAST WEEK, SO I COULDN'T SEND IT TO ENGINEERS, MY LAWYERS, ANYBODY FOR REVIEW, AND I ASKED FOR IT TO BE DELAYED, AND INSTEAD THE ENGINEER AND THE LAWYER FOR THE CITY OF MANNER BULLIED THE COMMISSIONER WHO WAS ASKING FOR DELAYED TILL NEXT MONTH INTO REMOVING HIS RECOMMENDATION AND ALLOWING THEM TO JUST KEEP GOING FORWARD. THANK YOU. ALL RIGHT, MR. BURRELL. YES? CAN YOU TALK ABOUT WHAT SOME OF THE CHANGES THAT ARE GOING TO BE MADE FOR THIS ONE? YES. THE CONCEPT PLAN SPECIFICALLY IS JUST A SHIFTING OF THE PHASE LINE. IT'S NOT GOING TO BE EXTREMELY DETAILED BECAUSE IT'S A CONCEPT PLAN, BUT THAT COMES WITH ALL OF THE CHANGES THAT WERE MADE WITH THE PRELIMINARY PLAT. THAT'S WHERE THE ADDITIONAL ROADWAY WAS ADDED. ADDITIONAL LOTS WERE CREATED AFTER THE RECONFIGURATION AND ULTIMATELY THE SHIFT IN THE PHASE LINE. GOTCHA. OKAY. ANY OTHER QUESTIONS FOR ITEM NUMBER ONE? PUBLIC HEARING. CAN I GET A MOTION TO CLOSE PUBLIC HEARING FOR ITEM NUMBER ONE? MAYOR COUNCIL, I'D LIKE TO MAKE A MOTION THAT WE CLOSE PUBLIC HEARING NUMBER ONE, I GOT A MOTION BY COUNCILWOMAN ANN. WE'RE GOT A SECOND. I SECOND MOTION, SECONDED BY COUNCILWOMAN WALLACE. ALL IN FAVOR? ALRIGHTY. MOTION PASSES NOW FOR ITEM NUMBER TWO. CONDUCT A PUBLIC HEARING ON SPECIFIC USE PERMIT FOR ONE LOT ON 0.2376 ACRES. MORE OR LESS [00:20:01] IN BEING TCAD. PARCEL 23 8889, ALSO KNOWN AS 100 OR 102 EAST PARSON STREET, MAYNARD, TEXAS. FROM DOWNTOWN BUSINESS TO C-1 LIGHT COMMERCIAL. AND WE GOT PUBLIC COMMENTS FOR MISTER ROBERT. YOU HAVE TWO MINUTES. THANK YOU SIR. MY NAME IS ROBERT BATTLE. THIS IS IN THE HEART OF OUR HISTORIC DISTRICT. THIS IS HISTORIC DISTRICT, OLD MANOR. TWO OF OUR COUNCIL MEMBERS, MARIA AND AND WE'RE BOTH VOTED FOR THIS HISTORIC DISTRICT BACK IN 2017. AND THEN YOU GUYS KIND OF COMPLETELY FORGOT WHAT'S GOING ON HERE. THIS IS NOT A PROPERTY THAT CAN BE A GAS STATION, EVER. IT'S TOO SMALL. WE'RE TRYING TO MAKE A SOS OR A SILK PURSE OUT OF A SOW'S EAR THAT'S BEEN TURNED DOWN TIME AND TIME AGAIN. THEY REALLY DON'T UNDERSTAND THAT. WHEN WE CHANGE THAT ZONING, IT'S A DOMINOES JUST GOING TO FALL RIGHT DOWN THAT WHOLE BLOCK. BECAUSE THIS IS WHAT YOU GUYS PAID $300,000 FOR. THEY PAID $300,000 FOR THIS COMPREHENSIVE PLAN. THIS IS WHAT YOU GUYS REALLY THINK IS GOING TO HAPPEN TO OUR HISTORIC DISTRICT? I DON'T THINK SO. MY LAWSUITS SEEKING TO GET A TEMPORARY RESTRAINING ORDER ON ABOUT 12 PROPERTIES, THAT YOU GUYS HAVE TOTALLY LOST YOUR MIND ABOUT, INCLUDING THE TOWNHOMES ON THE GRAVES BY THE CEMETERY. SO THIS IS ONCE AGAIN, YOU NEED TO STAND UP STRONG. THESE PEOPLE, THEY THEY WANT IT BOTH WAYS. THEY WANT TO FIX IT UP, BUT THEY WANT TO KEEP IT HISTORIC. YOU CAN'T DO BOTH OF THOSE THINGS. IT NEEDS TO BE RESTORATION. THANK YOU. NEXT WE HAVE MISS KRISTA. ALRIGHTY. COUNCIL, THERE IS A STAFF RECOMMENDATION IF YOU'D LIKE TO GET A MOTION ON THIS. MAYOR COUNCIL, I'D LIKE TO MAKE A MOTION THAT WE KEEP THE PUBLIC HEARING OPEN UNTIL THE NOVEMBER 5TH, 2025 REGULAR COUNCIL MEETING. ALL RIGHT. THERE'S BEEN MOTION BY COUNCILWOMAN WEIR. DO I GOT A SECOND? I SECOND SECONDED BY COUNCILMAN WALLACE. ANY QUESTIONS TO THE MOTION? ALL IN FAVOR? THANK YOU. NOW, FOR PUBLIC HEARING ON ITEM NUMBER THREE, CONDUCT A PUBLIC HEARING ON A SPECIFIC USE PERMIT. PERMIT FOR 10,000FT■!S N MEDICAL OFFICE SPACE. BEING GENERALLY LOCATED NEAR THE EASTERN CORNER OF BORDER AND NORTH OF US HIGHWAY 290, ALSO REFERRED TO AS 13 400 EAST. US HIGHWAY 290. MANOR, TEXAS. MY NAME IS MICHAEL BARROW, DEVELOPMENT SERVICES DIRECTOR FOR THE CITY OF MAYNARD. THIS IS A MEDICAL OFFICE SPECIFIC USE PERMIT. THIS WAS BROUGHT BEFORE THE COUNCIL PREVIOUSLY, AND THIS IS THEIR SECOND ATTEMPT AT TRYING TO GET THIS SPECIFIC USE PERMIT FOR A MEDICAL OFFICE ON THE PROPERTY. I, AS WELL AS THE DEVELOPER OR APPLICANT AND DEVELOPER REPRESENTATIVE, ARE AVAILABLE FOR QUESTIONS THAT YOU MAY HAVE. THANK YOU. COUNCIL, I'D LIKE TO MAKE A MOTION THAT WE CLOSE THE PUBLIC HEARING ON ITEM NUMBER THREE. IT HAS BEEN MOTIONED BY COUNCILWOMAN WALLACE. DO I HAVE A SECOND, A SECOND, SECOND BY COUNCILWOMAN. I'M IN SCHOOL. ANY QUESTIONS TO THE MOTION? ALL IN FAVOR? MOTION PASSES. NOW FOR PUBLIC HEARING. ITEM NUMBER FOUR. CONDUCT A PUBLIC HEARING ON AN LEVYING OF ASSESSMENTS OF THE MAIN OR MUSTANG VALLEY PUBLIC IMPROVEMENT DISTRICT. MR. MICHAEL. PARDON ME. YES, WE'RE ACTUALLY REQUESTING THAT THIS PUBLIC HEARING BE LEFT OPEN UNTIL THE NOVEMBER 5TH, 2025 REGULAR COUNCIL MEETING, AS WELL AS THE ACTION ITEM, ITEM NUMBER 15. THANK YOU. SO WE HAVE A STAFF RECOMMENDATION. CAN I GET A MOTION COUNCIL? I'D LIKE TO MAKE A MOTION THAT WE LEAVE PUBLIC HEARING ITEM NUMBER FOUR OPEN UNTIL OUR NOVEMBER 5TH, 2025 COUNCIL MEETING. MOTION HAS BEEN MADE BY COUNCILWOMAN WALLACE. DO I HAVE A SECOND, SECOND, SECOND BY AND WEIRD. ANY QUESTIONS TO THE MOTION? ALL IN FAVOR? MOTION PASSES. ALL RIGHT. NOW [CONSENT AGENDA ] [00:25:13] FOR OUR CONSENT AGENDA, ALL OF THE FOLLOWING ITEMS ON THE CONSENT AGENDA ARE CONSIDERED TO BE SELF-EXPLANATORY BY THE CITY COUNCIL AND WILL BE ENACTED BY WITH WITH ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS UNLESS REQUESTED BY THE MAYOR OR COUNCIL MEMBER, IN WHICH EVENT THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. NUMBER FIVE IS CONSIDERATION. DISCUSSION OF POSSIBLE ACTION TO APPROVE THE CITY COUNCIL MINUTES. NUMBER SIX IS CONSIDERATION, DISCUSSION AND POSSIBLE ACTION ON ACCEPTING THE SEPTEMBER 2025 CITY COUNCIL MONTHLY REPORT. NUMBER SEVEN IS CONSIDERATION, DISCUSSION AND POSSIBLE ACTION ON ACCEPTING THE SEPTEMBER 2025 DEPARTMENTAL REPORTS. WE'VE GOT A MOTION. I'D LIKE TO MAKE A MOTION THAT WE APPROVE THE CONSENT AGENDA AS READ MOTION BY COUNCILWOMAN MARIA. WE HAVE A SECOND, A SECOND, SECOND BY COUNCILMAN WALLACE. ANY QUESTIONS FOR THE MOTION? NO QUESTIONS. ALL IN FAVOR? MOTION PASSES [REGULAR AGENDA ] UNANIMOUSLY. NOW FOR OUR REGULAR AGENDA. NUMBER EIGHT IS CONSIDERATION. DISCUSSION. POSSIBLE ACTION ON AWARDING A CONTRACT FOR AUDITING SERVICES TO CLIFTON LARSON ALLEN LLP FOR THE FISCAL YEAR ENDING SEPTEMBER 30TH, 2025, WITH AN OPTION TO RENEW FOR A TERM OF FOUR ADDITIONAL ONE YEAR TERMS. MISS BELEN. HI. GOOD EVENING, FINANCE DIRECTOR FOR THE CITY OF MARINA. WE ADVERTISE FOR RFP FOR AUDITING SERVICES AND WE RECEIVED SEVEN PROPOSALS. OKAY. CAN YOU HEAR ME NOW? OKAY. WE RECEIVED SEVEN PROPOSALS FOR AUDITING SERVICES. AND AFTER REVIEWING ALL THE PROPOSALS, WE ARE SELECTING CLIFTON, LARSON AND ALLEN LLP FOR A CONTRACT FOR THE FISCAL YEAR ENDING SEPTEMBER 30TH, 2025, WHICH IS THE ONE THAT JUST ENDED WITH AN OPTION TO RENEW FOR A TERM OF FOUR ADDITIONAL ONE YEAR TERMS. YOUR PACKET. WE INCLUDED THE TABULATION, AND THEY OFFERED THE BEST VALUE TO THE CITY WITH ALL THE REFERENCES AND THE COSTS. THAT IS GOING TO BE IN THE FIVE YEAR TERM, AND ALSO THE THE PROPOSAL IS ATTACHED IN YOUR PACKET. OKAY. THANK YOU. ARE THERE ANY ANNUAL FEES OR ANY CAP ON INCREASE OVER THE RENEWAL? NO. YEAH OKAY. ANY QUESTIONS OR A MOTION FOR THIS ITEM. COUNCIL FOR THE MOTION. IF YOU DO CONSIDER TO APPROVE IT PLEASE ADD TO THAT TO AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT. AND LEGAL HASN'T HAS JUST ASKED AFTER LEGAL REVIEW AFTER LEGAL REVIEW. ALRIGHTY. SOUNDS GOOD. THANK YOU. COUNCIL I'D LIKE TO MAKE A MOTION THAT WE APPROVE THE AUDIT SERVICES CONTRACT WITH CLIFTON LARSON ALLEN LLP FOR THE FISCAL YEAR ENDING SEPTEMBER 30TH, 2025, WITH AN OPTION TO RENEW FOR A TERM OF FOUR ADDITIONAL ONE YEAR TERMS AND ALLOW THE CITY MANAGER TO EXECUTE THE CONTRACT AFTER LEGAL REVIEW ITEM HAS BEEN MOTIONED BY COUNCILWOMAN WALLACE. DO I GOT A SECOND, SECOND, SECOND BY COUNCILWOMAN WEIR? ANY QUESTIONS TO THE MOTION? QUESTIONS TO THE MOTION. ALL IN FAVOR? ITEM PASSES UNANIMOUSLY TO ITEM NUMBER NINE. CONSIDERATION, DISCUSSION AND POSSIBLE ACTION ON AN ORDINANCE ADOPTING A FEE SCHEDULE FOR THE CITY SERVICES, INCLUDING [00:30:05] ARTICLE 82.000 BUILDING AND DEVELOPMENT RELATED FEES. ARTICLE A 4.000 SPECIAL SERVICES BY LAW ENFORCEMENT STAFF. ARTICLE A 5.000 ADMINISTRATIVE AND MISCELLANEOUS FEES. ARTICLE 8A7 .000 UTILITY SERVICES. CHARGES AND FEES. YES, THIS SCHEDULE FEE SCHEDULE WAS PRESENTED WITH THE BUDGET. SO THIS IS LIKE A KIND OF A RATIFICATION WITH ORDINANCE. WERE THERE ANY CHANGES MADE SINCE THE PRESENTATION IS JUST FORMALIZING ORDINANCE? YES. THE SAME ONE THAT WAS IN THE BUDGET. AND WE CAN REVIEW ANY TIME OR JUST ANY TIME GOING FORWARD OR WE ARE PLANNING AND ADJUSTING EVERY YEAR WITH THE BUDGET PRESENT FOR APPROVAL AS AN ORDINANCE. RIGHT. WITH THE THE SAME DAY AS THE BUDGET. GOTCHA. THANK YOU. I WILL SAY, MAYOR COUNCIL, WHEN WE LOOK AT EVEN NEXT YEAR, START LOOKING AT THE FEES. WE'LL TRY TO MAKE SURE WE HAVE THAT IDENTIFIED. LIKE IF THERE'S IF WE SEE SOME ACCOUNTS THAT ARE NOT KEEPING UP, IF IT'S PAY AS YOU GO FEES, WE'LL JUST MAKE SURE WE IDENTIFY SOME OF THE SHORTCOMINGS. BECAUSE IF WE GO ANOTHER YEAR, AT THE RATE WE'RE GROWING, WE DON'T WANT TO LOSE BE IN THE RED PER SAY. MOST OF THESE FEES SHOULD PAY FOR THEMSELVES OR PAY FOR SERVICES LIKE DEVELOPMENT SERVICES, A LOT OF PERMIT FEES. THAT OR SYSTEMS THAT WE WILL BE BRINGING TO YOU WILL SHOW THAT A LOT OF FEES WE HAVE IN PLACE ARE THAT'S APPROVED, WE'LL PAY FOR THE SERVICES. AND SO JUST WANT TO MAKE SURE I THINK DOING THE BUDGET TIME, THIS SHOULD HAVE BEEN THERE. AND SO WE JUST MAKE SURE NEXT YEAR WE HAVE ALL THESE IDENTIFIED AND HAVE THE ORDINANCE TO GO WITH THE COUNCIL BUDGETS ADOPTED NEXT SEPTEMBER. THANK YOU. ANY OTHER QUESTIONS OR EMOTIONS FOR THIS ITEM? COUNCIL I'D LIKE TO MAKE A MOTION THAT WE APPROVE. ORDINANCE NUMBER 800, ADOPTING A FEE SCHEDULE FOR THE CITY SERVICES, INCLUDING ARTICLE 82.000 BUILDING AND DEVELOPMENT RELATED FEES. ARTICLE A 4.000 SPECIAL SERVICES BY LAW ENFORCEMENT STAFF. ARTICLE A 5.000 ADMINISTRATIVE AND MISCELLANEOUS FEES. ARTICLE A 7.000 UTILITY SERVICE. CHARGES AND FEES. ITEM HAS BEEN MOTIONED BY COUNCILWOMAN WALLACE. DO I HAVE A SECOND? SECOND? SECONDED BY COUNCILWOMAN YEAR. ANY QUESTIONS FOR THE MOTION? NO QUESTIONS TO THE MOTION. ALL IN FAVOR? MOTION PASSES. THANK YOU, THANK YOU. ALRIGHTY. NOW ON TO ITEM NUMBER TEN. CONSIDERATION, DISCUSSION AND POSSIBLE ACTION ON THE SUBMISSION OF AN AMENDMENT AMENDED SUBDIVISION CONCEPT PLAN FOR HOLLY SMITH MUSTANG VALLEY BEING 399 LOTS ON 136.92 ACRES, MORE OR LESS, AND BEING TCAD PARCEL 25 9091 AND 25 9089. SUMNER BACON, SURVEY NUMBER 62, ABSTRACT 63, ALSO KNOWN AS 15 200 NORTH FM 973, MAYNARD, TEXAS. MR. BURRELL YES, I AM AVAILABLE FOR ANY QUESTIONS. I BELIEVE COUNCIL MEMBER WALLACE HAD SOMETHING FOR ME OR THE ENGINEER FOR THE PROJECT WHO WAS ALSO HERE. I KIND OF WANTED IT TO BE EXPLAINED AS I WAS AT THE PNC MEETING. I WANTED TO BE EXPLAINED AGAIN HOW IT IS NOT FLOODING THE LADIES PROPERTY. WOULD YOU LIKE MY EXPLANATION OR AN ENGINEER'S? BOTH. WELL, I CAN DO MY BEST TO PROVIDE AN ADEQUATE ANSWER FROM THE [00:35:01] PLANNING SIDE OF IT. SO WHENEVER SUBDIVISIONS ARE APPLIED FOR SUBMITTED, THEY HAVE YOUR SUBDIVISION PROCESS, WHICH INCLUDES YOUR CONSTRUCTION PLANS THAT DETAIL YOUR DETENTION PONDS. AND AS MISS WEIR DETAILED, THE WAY THEY WORK IS THEY CAPTURE WATER AND RELEASE IT AT A CERTAIN POINT. NOW, FOR THOSE THINGS TO BE ACCEPTED BY THE CITY, YOU HAVE TO SHOW THAT THE FLOW IS BEING RELEASED FROM YOUR PONDS. DO NOT EXCEED THE CURRENT EXISTING CONDITIONS. NOW THERE ARE MORE DETAILED ENGINEERING NOTES BEHIND THAT THAT I AM UNABLE TO PROVIDE. BUT WE DO HAVE AN ENGINEER AVAILABLE TO ADD ADDITIONAL CONTEXT. SO SHE DID ALSO MENTION THAT SHE'S IN A FLOODPLAIN. SO THERE IS A WATERWAY THAT ISN'T THE MOST ACTIVE CURRENTLY AS IT'S IN THE HUNDRED YEAR FLOODPLAIN. BUT WATER DOES NATURALLY FLOW THAT WAY. AND AS WE ALL KNOW, WHEREVER WATER GOES, IT'S GOING TO GO. THE EASIEST WAY TO HANDLE THOSE FLOWS IS TO SEND THEM ON THE PATH THAT THEY'RE ALREADY TRAVELING. NOW, FOR THIS SPECIFIC PLAN SET WITH OUR ENGINEERING CONSULTANTS, WE ACTUALLY HAD THE AUTHOR OF THE CITY OF AUSTIN DRAINAGE CRITERIA MANUAL REVIEW THE PLANS IN DEPTH TO ENSURE THAT WHAT THEY'RE CONTEMPLATING ACTUALLY WORKS. AND PER THEIR REVIEW, IT'S AT LEAST ON PAPER, WORKING AS IT'S INTENDED. OKAY, SO ON PAPER IS WORKING AS IT'S INTENDED. YES. OKAY. HAS ANYBODY BEEN TO HER PROPERTY TO SEE IF THAT'S WHAT'S HAPPENING, IF BECAUSE SHE'S NOT THE FIRST PERSON THAT'S COME BEFORE US TO SAY THAT OUR NEW BUILDS ARE FLOODING THEIR PROPERTY, SO HAS ANYONE BEEN THERE TO SEE WHETHER IT IS FLOODING OR IT'S NOT? I BELIEVE MATT COULD ANSWER THAT A LITTLE BETTER THAN I CAN, BECAUSE HE'S HAD HIS INSPECTORS, MS4 AND CONSTRUCTION INSPECTORS GO OUT THERE JUST TO, YOU KNOW, GET A BETTER FEEL OF WHAT'S GOING ON. I CAN'T SPEAK TO IT THAT WELL. GOOD AFTERNOON COUNCIL. I'M MATT WOODARD, PUBLIC WORKS DIRECTOR. WE HAVE HAD CREWS OUT THERE. THERE HAS BEEN WATER THAT DOES CROSS HER PROPERTY, WHICH IS IN THE FLOODPLAIN. AND WE'VE DONE WE'VE ACTUALLY DONE LEAK DETECTION FOR THEIR SERVICES, FOR THEIR WATER PROVIDER THAT THEY HAVE WITH AQUA. AND THE LEAK DETECTION SERVICES DID NOT SEE ANY LEAKS. WE DID INSPECT OUR STORM WATER. WE DID FIND SOME A LITTLE BIT OF ROCK RIPRAP THAT IS KIND OF KIND OF GO TO THE DRAINAGE DITCH. BUT WE'VE CORRECTED THAT. THERE WAS THAT WASN'T REALLY CONTRIBUTING TO WHAT'S GOING ACROSS OUR PROPERTY. SO WE'VE DONE PRETTY MUCH WHAT WE'VE GONE OUT THERE, AND WE'VE TRIED TO EXHAUST JUST ABOUT EVERYTHING WE CAN TO SEE WHAT THE ISSUES ARE. SO BUT YOU'RE SAYING HER PROPERTY IS GETTING FLOODED? WELL, NATURALLY, IF YOU EVER LOOK AT A FLOODPLAIN IN THE MAP, HER PRETTY MUCH. WELL, THE BOTTOM PORTION OF HER PROPERTY IS IN THE FLOODPLAIN. AND WHEN YOU DO HAVE THE WATER THAT THE RAINWATER THAT WE HAD OVER THE SUMMER AND ONCE THAT GOES, THE WATER IS GOING TO GO THE LEAST, LEAST RESISTANCE. AND IF THAT'S THE NATURAL DRY CREEK AREA, THAT'S WHERE USUALLY STORM WATER IS GOING TO RUN, HAS IT ALWAYS BEEN IN THE FLOODPLAIN, TO MY KNOWLEDGE? MAYBE. YOU KNOW, THE ENGINEERS CAN TELL US EXACTLY HOW LONG THAT HAS BEEN. BUT TO MY KNOWLEDGE, YES, THAT'S ALWAYS BEEN IN THE FLOODPLAIN. I'D LIKE TO HEAR FROM THE ENGINE. HI THERE. MY NAME IS LEE WHITEHEAD. I'M WITH CARLSBERG ENGINEERING. I'LL BE HAPPY TO ANSWER ANY QUESTIONS YOU HAVE. LET'S START WITH THE ONE THAT COUNCIL MEMBERS ARE. OKAY. THE MAPS THAT WE CURRENTLY HAVE ARE FROM 2008 FOR FEMA FLOODPLAIN. SO AT LEAST 2008 I WOULD IMAGINE WOULD HAVE BEEN BEFORE THEN. FEMA HAS, YOU KNOW, BEEN CREATING MAPS FOR A LONG PERIOD OF TIME AND THEY BECOME MORE ACCURATE OVER TIME. SO THE CURRENT MAP IS THE MOST ACCURATE AT 2008, AND IT'S NOT ATLAS 14, BUT IT WILL BE ATLAS 14 IN THE NEXT, I WOULD GUESS, IN THE NEXT COUPLE OF YEARS, I'M SURE, BECAUSE THEY'RE SLOWLY CONVERTING OVER TO ATLAS 14 FROM THIS YEAR. SO, OKAY. HAVE ANY OF YOUR PEOPLE BEEN OUT THERE TO SEE ABOUT THE FLOODING? YES, I'VE GONE OUT THERE. THERE'S SOME NATURAL PONDS, THERE'S SOME NATURAL WATERWAY THAT DIRECTION THAT IS A NATURAL FLOW AND DIRECTION OF THE WATER. AND ANY STORM EVENT THAT OCCURS IS GOING TO FLOW ACROSS THAT PATH, WHETHER IT'S A TWO YEAR OR TEN YEAR, 25 YEAR OR 100 YEAR, WHICH IS THE DESIGN STORMS. AND PRIOR TO OUR DEVELOPMENT, THAT WOULD HAVE BEEN THE PATH OF FLOW, AND WE'RE RELEASING AT THE SAME LOCATION. IS THERE? ANY THOUGHT FOR A CAUSE FOR YOUR POND TO OVERFLOW? THE ONLY WAY THAT IT WOULD OVERFLOW IS IF IT EXCEEDS THE ACTUAL LIMITS OF THE HUNDRED YEAR STORM EVENT, WHICH IS THE LAST DESIGN STORM FOR MOST JURISDICTIONS. AND THAT'S THE 1% STORM EVENT. SO. SHE'S SAYING THAT THERE'S NO CREEK [00:40:13] GOING ACROSS HER HER PROPERTY. HOWEVER, WHERE I SEE THIS LINE DRAWN, IT GOES A PRETTY GOOD DISTANCE. THAT IS CORRECT. THAT WOULD BE THE CENTER LINE OF THE ACTUAL FLOODPLAIN. AND THOSE CENTER LINES GENERALLY COME FROM USGS MAPS OR SIMILAR MAPS, AND THEY JUST IDENTIFY WHERE THE ACTUAL CREEK PATH WOULD BE UNDER UNDER THE NORMAL FLOW PATH. WOULD THERE BE ANY POSSIBILITY OF WATER BEING I KNOW SOMETIMES WE DON'T WE WON'T ACTUALLY SEE IT, BUT THE WATER WILL BE UNDERGROUND AND IT'LL BE LIKE A LITTLE STREAM OR OR SOMETHING FLOWING UNDERGROUND. I'M NOT AWARE OF THERE BEING UNDERGROUND FLOW, BUT THERE'S ALWAYS A POSSIBILITY OF GROUNDWATER. I JUST DON'T, I DON'T I'M NOT AWARE THERE ACTUALLY BEING GROUNDWATER FLOWING ANYWHERE. OKAY. IS THERE ANY OTHER PLACE THAT THAT WATER COULD BE RELEASED? I'M SORRY. ONE MORE TIME. IS THERE ANY OTHER PLACE THAT THAT WATER COULD BE RELEASED? NOT WITHOUT GREATLY CHANGING THE ACTUAL NATURAL PATH OF THE FLOW. AND AT THIS POINT, I WOULDN'T IMAGINE YOU COULD DO THAT BECAUSE THERE'S NO ROOM. THE HOUSES AND OR THE SUBDIVISION IS ALREADY BUILT FOR PHASE ONE, SO THE DIRECTION OF PATH CAN'T REALLY GO ANYWHERE ELSE BUT THAT LOCATION. OKAY. THANK YOU. ALSO. HOLD ON. EXCUSE ME ALSO, TO ANSWER THE OTHER GENTLEMAN'S QUESTION ABOUT BECAUSE YOU WERE GOING TO GET UP AND ANSWER HIS QUESTION ABOUT THE PLAYGROUNDS AND EQUIPMENT. YES, THERE'S THERE'S A THERE'S A DEVELOPMENT AGREEMENT IN PLACE AND IT'S 6.7 ACRES OF PARKLAND. THERE'S BEEN IMPROVEMENTS WITH TRAILS AND A BASKETBALL COURT AND A FEW OTHER THINGS THAT ARE THERE THAT WERE PART OF THAT AGREEMENT WITH THE CITY OF MAINER. OKAY. THANK YOU. YEP. ANY OTHER QUESTIONS OR MOTION FOR THIS ITEM? MICHAEL, THIS RETENTION POND WAS. DETENTION. DETENTION POND WAS DONE IN PHASE ONE. IT'S ALREADY BUILT. IT'S ALREADY THERE. YEAH. OKAY. IS THERE ANY PLAN FOR ANY OTHER DETENTION POND? I THINK THAT'S A BETTER QUESTION FOR THE ENGINEER. YEAH. OKAY. SO SO THERE ARE THERE ARE THREE TOTAL PONDS THAT ARE BEING DEVELOPED FOR THIS PROPERTY. FOR EACH PHASE, THE THE PHASE ONE ALREADY HAD THE FIRST POND BUILT. IT'S POND A POND B WILL BE FOR PHASE TWO AND POND C WILL BE BUILT IN PHASE THREE. AND I CAN KIND OF POINT ROUGHLY WHERE THEY'RE LOCATED IF YOU'D LIKE ME TO. I. YES, SIR. AND WILL THOSE PONDS GO IN THAT SAME DIRECTION. SO POND B WILL WORK IN CONJUNCTION WITH POND A AND WE'LL DETAIN PHASE TWO IN CONJUNCTION WITH PHASE ONE. AND THEY'LL BE WORKING TOGETHER IN THAT SAME LOCATION BECAUSE THEY ALL PHASE TWO AND PHASE ONE DRAIN TO THE SAME LOCATION, WHICH IS ACROSS THAT POINT, ACROSS, YOU KNOW, AT THE POINT WHERE WE'RE TALKING ABOUT A RELEASE POINT, WHICH IS THE. SO THAT'S EVEN MORE WATER GOING HER WAY. IT'S NOT MORE WATER BECAUSE THE DETENTION PONDS WILL REDUCE THE FLOWS BACK TO EXISTING CONDITIONS FOR THE DESIGN. SO EVEN THOUGH THERE'S A DEVELOPMENT, THE DETENTION PONDS WORK TO ACTUALLY REDUCE THOSE FLOWS. OKAY. MY QUESTION IS HAS ANYBODY BEEN OUT THERE TO SEE THE ACTUAL FLOODING. [00:45:02] WELL, YOU WOULD HAVE TO. I'VE SEEN IT WHEN IT WAS RAINING AND I'VE SEEN WATER FLOWING. THAT'S THE NORMAL. YOU JUST SEEN IT FLOWING. YOU HAVEN'T ACTUALLY CHECKED HER PROPERTY TO SEE IF IT WAS ACTUALLY FLOW THAT DIRECTION. THAT IS THE ACTUAL DIRECTION IT HAS TO GO TO DRAIN BECAUSE IT HAS NO OTHER PLACE TO GO. OKAY. IS THE LOW POINT? YES, MA'AM. IT'S IN THE FLOODPLAIN, RIGHT? LIKE YOU SAID, IT'S THE NATURAL FLOW OF WATER. YES, MA'AM. AND YOU'VE BEEN IN THE FLOODPLAIN FOR. OKAY. GOTCHA. ANY OTHER QUESTIONS FOR THIS ITEM? THERE'S MORE INFORMATION IN. LAST WEEK, HE ASKED ME QUESTIONS, AND I FEEL LIKE IT'S. IT'S NOT FAIR. IT'S OKAY. WE ARE RIGHT NOW. THIS IS WE'RE GOING TO TAKE A MOTION ON THIS. OR IF COUNCIL HAS ANY MORE QUESTIONS, WE CAN TAKE THE QUESTIONS. BUT YOU'RE NOT ASKING THE QUESTION. AND LASTLY YOU HAVE A CHOICE. THIS IS PUBLIC COMMENTS. YOU HAD PUBLIC COMMENTS. AND SO NOW WE ARE IN THIS. ALRIGHT I'M NOT GOING TO GO BACK AND FORTH. COUNCIL ANY QUESTIONS OR CAN WE GET A MOTION. OKAY SO I'M I KNOW THERE'S A LOT. YES MA'AM. COUNCILMEMBER MORENO AND REST OF THE COUNCIL, THIS IS VERONICA RIVERA, ASSISTANT CITY ATTORNEY. I JUST WANTED TO REMIND YOU, AND AS I REMINDED P AND Z THAT THIS IS A NON-DISCRETIONARY ITEM BECAUSE IT IS A CONCEPT PLAN AND YOU ARE LOOKING AT WHAT YOUR ENGINEERING DEPARTMENT HAS LOOKED AT TO DETERMINE IF ALL OF THE NECESSARY STEPS HAVE BEEN TAKEN IN PROCESSING THIS APPLICATION. RIGHT. AND CAN YOU EXPLAIN WHAT THE NEXT STEP WOULD BE AFTER THIS? AFTER A CONCEPT PLAN IS APPROVED, THEN YOU GO TO PRELIMINARY PLAT APPROVAL AND AFTER THAT YOU GO TO THE SUBDIVISION APPROVAL. AND I BELIEVE THAT THIS WELL, MICHAEL CAN ANSWER THAT. I BELIEVE IT'S AN WHAT IS IT FAST TRACK CONCURRENT REVIEW. CONCURRENT REVIEW. GOTCHA. THANK YOU. ALL RIGHT. COUNCIL, YOU HEARD OUR CITY ATTORNEY. IS THERE ANY OTHER QUESTIONS FOR THIS MOTION? I MEAN, FOR THIS ITEM OR CAN I GET A MOTION? MICHAEL, WHERE WERE THE PHASE LINES ALTERED AT? SHOW ME ON THE BACK. THERE WAS A STRAIGHT LINE BEFORE THE ALTERATION WAS SHIFTED. THIS AREA. THANK YOU. MAYOR. COUNCIL, I'D LIKE TO MAKE A MOTION THAT WE APPROVE THE AMENDED SUBDIVISION CONCEPT PLAN FOR HOLLY SMITH. MUSTANG VALLEY BEING 399 LOTS ON ONE 136.92 ACRES, MORE OR LESS, AND BEING TCAD PARCELS 259091 AND 259089 SUMMER BACON SURVEY NUMBER 62, ABSTRACT 63, ALSO KNOWN AS 15200 NORTH FM 973, MAYNARD, TEXAS. MOTION HAS BEEN MADE BY COUNCILWOMAN. WE'RE. DO I HAVE A SECOND I SECOND. I SECONDED BY COUNCILWOMAN MARIA. ANY QUESTIONS? THE MOTION QUESTIONS TO THE MOTION IF THERE AREN'T ANY. ALL IN FAVOR? MOTION PASSES UNANIMOUSLY. NOW, ON TO ITEM NUMBER 11. CONSIDERATION, DISCUSSION AND POSSIBLE ACTION REGARDING AN ORDINANCE FOR ONE LOT ON 0.2376 ACRES, MORE OR LESS, AND BEING TCAD PARCEL 20 388 89, ALSO KNOWN AS 100 AND 102 EAST PARSONS STREET, MAYNARD, TEXAS. FROM DOWNTOWN BUSINESS TO C-1 LIGHT COMMERCIAL AND WE. YES, [00:50:05] THIS ITEM, AS WELL AS THE SPECIFIC USE PERMIT. WHAT STAFF IS RECOMMENDING POSTPONEMENT UNTIL THE NOVEMBER 5TH REGULAR MEETING. ALL RIGHT. COUNCIL, WE HAVE A STAFF RECOMMENDATION. CAN I GET A MOTION? I'D LIKE TO MAKE A MOTION THAT WE POSTPONE THIS ITEM UNTIL THE NOVEMBER 5TH, 2025 REGULAR COUNCIL MEETING MOTION BY COUNCILWOMAN WEIR. DO I HAVE A SECOND, I SECOND. SECOND. BY COUNCILWOMAN WALLACE. QUESTIONS TO THE MOTION. IF NOT. ALL IN FAVOR. MOTION PASSES. ITEM NUMBER 12 IS CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON A SPECIFIC USE PERMIT FOR ONE LOT 0.23 76 ACRES, MORE OR LESS BEING TCAD. PARCEL 23 8889, ALSO KNOWN AS 100 102 EAST PARSON STREET, MAYNARD, TEXAS. AND SAME THING, RIGHT? COUNSEL, I'D LIKE TO MAKE A MOTION THAT WE POSTPONE ITEM UNTIL THE NOVEMBER 5TH, 2025 REGULAR COUNCIL MEETING. THANK YOU. THAT HAS BEEN MOTIONED BY COUNCILWOMAN. WEIRD. DO I GOT A SECOND? A SECOND, SECONDED BY COUNCILWOMAN WALLACE. QUESTIONS TO THE MOTION IF THERE AREN'T ANY. ALL IN FAVOR? MOTION PASSES. ALL RIGHT, NOW, ITEM NUMBER 13 IS CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON A SPECIFIC USE PERMIT FOR 10,000FT■!S IN MEDICAL OFFICE SPACE. BEING GENERALLY LOCATED NEAR THE EASTERN CORNER OF OZARK AND THE NORTH OF US HIGHWAY 290, ALSO REFERRED TO AS 13 400 EAST, US HIGHWAY 290, MAYNARD, TEXAS. YES, SIR. YES, MY NAME IS MICHAEL, DEVELOPMENT SERVICES DIRECTOR FOR THE CITY OF MAYNARD. AS I MENTIONED BEFORE, THIS ITEM WAS BROUGHT BEFORE THE COUNCIL TO ATTEMPT TO GET THE SPECIFIC USE PERMIT FOR A MEDICAL OFFICE ON THIS PROPERTY. SINCE THEN, THEY'VE COME BACK WITH A BIT MORE ADDITIONAL INFORMATION, SUCH AS THE EFFORTS THAT THEY'VE MADE TO TRY TO GET OTHER USES ON THE PROPERTY. THEY'VE LOOKED AT COMMERCIAL, THEY'VE LOOKED AT RESTAURANTS, THEY'VE LOOKED AT RETAIL, AND PER THEIR INQUIRIES AND EFFORTS, THEY JUST HAVEN'T BEEN ABLE TO FIND ANYONE THAT CAN FIT ON THIS PROPERTY DUE TO THE CERTAIN ENCUMBRANCES THAT IT FACES AS WELL AS ITS LOCATION. IF YOU LOOK AT THE SITE PLAN DRAWING THAT YOU HAVE, YOU'LL SEE THERE'S A LARGE SECTION OF EASEMENTS DIRECTLY BEHIND THE PROPERTY, WHICH PRETTY SIGNIFICANTLY CUTS OFF THE ACREAGE THEY HAVE TO WORK WITH. SO HEAVIER COMMERCIAL USES, WHICH REQUIRE THINGS SUCH AS MORE PARKING, MORE LANDSCAPING, THINGS OF THAT NATURE AREN'T EXACTLY ACHIEVABLE WITH THE FOOTPRINT THAT THEY'RE TRYING TO WORK WITH. ADDITIONALLY. WE HAVE THE APPLICANT HERE TO ANSWER MORE QUESTIONS. YES, WE HAVE BRIAN BACA, RIGHT? YES, SIR. IF YOU GUYS HAVE ANY QUESTIONS. COUNCIL, I'D LIKE TO MAKE A MOTION THAT WE APPROVE A SPECIFIC USE PERMIT FOR 10,000FT■!S IN MEDICAL OFFICE SPACE, BEING GENERALLY LOCATED NEAR THE EASTERN CORNER OF BORDERED AND THE NORTH OF US HIGHWAY 290, ALSO REFERRED TO AS 13 400 EAST US 200 US HIGHWAY 290. MAYNARD, TEXAS. IT HAS BEEN MOTIONED BY COUNCILWOMAN WALLACE. DO I HAVE A SECOND? I SECOND, SECONDED BY COUNCILWOMAN AMEZCUA. DO WE HAVE ANY QUESTIONS TO THE MOTION? I KNOW THIS IS A SPECIFIC USE PERMIT, BUT DO WE KNOW WHAT TYPE OF MEDICAL IS GOING IN THERE? I BELIEVE THE SAME QUESTION WAS ASKED LAST TIME, AND THEY HAVE A FEW TENANTS IN MIND, BUT I DON'T KNOW IF ANYTHING HAS BEEN DECIDED. BRIAN BARKER WITH ADVANTAGE CONSTRUCTION. YEAH, NO ONE HAS BEEN SIGNED UP YET BECAUSE WE'RE NEEDING SPECIAL USE PERMIT, BUT THERE HAVE BEEN INQUIRIES FROM, YOU KNOW, DENTISTS AND, YOU KNOW, KIND OF THAT SORT, YOU KNOW, IT'S GOING TO ALL BE IT HAS TO BE AMBULATORY BECAUSE MEDICAL OFFICE. SO BESIDES DENTISTS, BECAUSE WE'RE GETTING OVERFLOODED WITH DENTISTS, DO YOU HAVE SOME OTHER OPTIONS THAT YOU THINK WOULD BE GOOD IN THERE THAT YOU'RE THE OWNER GETS CALLS REGULARLY FROM, FROM DIFFERENT MEDICAL PROFESSIONALS LOOKING FOR, YOU KNOW, FAMILY PRACTICES AND THINGS LIKE THAT. YEAH. IF IT'S POSSIBLE, IF WE CAN, I GUESS, WORK WITH, YOU KNOW, SOME OF THE PEOPLE THAT WE KNOW TO TAP INTO, I GUESS, THAT DATA, THAT INFORMATION, YOU KNOW, AS WE WORK WITH THE BLACK MEN'S HEALTH CLINIC TO TRY TO GET DATA, I THINK THAT WOULD BE SOMETHING THAT WOULD BE BENEFICIAL TO SHARE WITH YOU GUYS ON WHAT WE ACTUALLY GET THERE. SO IF WE CAN DO THAT. YES, SIR. I THINK WITH THE ADDING THIS 10,000FT■!S TO OUR INVENTORY WILL ALLOW THE DEVELOPER AND ALL THE OTHER INTERESTED PARTIES TO FIGURE OUT WHERE IT CAN LAND, BECAUSE MOST OF IT, IF THEY COME, THEY [00:55:05] MAY OUTGROW IT, BUT AT LEAST TO GET THEM A START. AND SO IF THERE'S SOMETHING PLANNED IN THE FUTURE, AT LEAST WE CAN GET THEM STARTED. RATHER THAN FAMILIES HAVING TO COMMUTE TO OTHER PARTS OF THE COUNTY TO GET SERVICES. SO THE FACT THAT WE HAVE THIS SPACE COMING AVAILABLE SHOULD BE ABLE TO HELP US KICK START SOME OF THE OTHER MEDICAL NEEDS THAT ARE BIGGER PICTURE THAN THE 10,000 SQUARE FOOT. YEAH. THANK YOU. YEAH. I CAN ALSO SPECIFY THAT I'VE BEEN IN QUITE A FEW MEETINGS WITH MISTER SCOTT JONES WITH DIFFERENT MEDICAL SPECIALISTS THAT AREN'T NECESSARILY THE MOST COMMON IN THE AREA. HE HAS PEOPLE REACHING OUT TO HIM QUITE FREQUENTLY, AND HE'LL TELL YOU 10,000FT■!S IS GENERALLY THE SIE THAT THEY'RE LOOKING FOR FOR THEIR PRACTICES. SO WE CAN CERTAINLY WORK WITH HIM AND GET HIM IN TOUCH WITH MISTER BACA, AS WELL AS THE OWNER OF THE PROPERTY, TO TRY TO FIND SOMETHING A BIT LESS COMMON THAT CAN BE BENEFICIAL TO THE COMMUNITY. YEAH, THAT WOULD BE GREAT, I APPRECIATE THAT. ALL RIGHT. IT HAS BEEN MOTIONED. AND SECOND, DO WE HAVE ANY QUESTIONS? THERE AREN'T ANY MORE QUESTIONS. ALL IN FAVOR? ALL OPPOSED. ALL RIGHTY. THREE ONE. FILMS OKAY. ALL RIGHT. SO WE'RE GOING TO GO TO ITEM NUMBER 14. THAT IS GOING TO BE THE CONSIDERATION DISCUSSION AND POSSIBLE ACTION ON AN AGREEMENT TO TRANSFER AN APPROXIMATELY 12.8371 ACRE TRACT FROM MANVILLE WATER SUPPLY CORPORATION'S CERTIFICATE CERTIFICATED CERTIFICATED WATER SERVICE AREA TO THE CITY OF MANER CERTIFICATED SERVICE AREA. MR. BURRELL YES, THIS IS JUST A CCN TRANSFER FOR LANDMARK. IF YOU'RE FAMILIAR WITH THOSE APARTMENTS. THEY'RE JUST DUE WEST OF WHERE THE MAIN TOWN SQUARE PROJECT IS. THIS IS FOR THE PHASE TWO OF THEIR PROJECT BEING SWITCHED INTO OUR WATER SERVICE AREA. JUST MAKING SURE THIS IS A COMPLETE JUST TRANSFER, NO SWAP, JUST TRANSFER. THEY WERE ALREADY RELEASED FROM THEIR PREVIOUS SERVICE AREA. THIS IS TRANSFERRING THEM INTO IT. WE HAVE SINCE LEARNED THAT EXPEDITED RELEASE DOES NOT TRANSFER YOU. WITH THAT RELEASE, YOU JUST REMOVE FROM YOUR CURRENT AREA AND THEN YOU HAVE TO GO THROUGH THIS PROCESS. SO OKAY. THANK YOU FOR THAT CLARIFICATION. IF THERE AREN'T ANY OTHER QUESTIONS, CAN WE GET A MOTION? COUNCIL? I'D LIKE TO MAKE A MOTION THAT WE APPROVE THE AGREEMENT. ITEM HAS BEEN MOTIONED BY COUNCILWOMAN WALLACE. DO I HAVE A SECOND? A SECOND, SECOND BY COUNCILWOMAN MARIA. ANY QUESTIONS TO THIS MOTION? IF THERE AREN'T ANY QUESTIONS, CAN I. ALL IN FAVOR? MOTION CARRIES. ALRIGHTY. ITEM NUMBER 15. IT'S GOING TO BE [EXECUTIVE SESSION ] CONSIDERATION, DISCUSSION AND POSSIBLE ACTION ON AN ORDINANCE OF THE CITY OF MAYNARD, TEXAS, MAKING A FINDING OF SPECIAL BENEFIT TO THE PROPERTY AND THE MUSTANG VALLEY PUBLIC IMPROVEMENT DISTRICT. OH. GOT YOU. ALRIGHTY. WE'RE GOING TO GO TO. OH, WE CAN GO. OH, YEAH. GOTCHA, GOTCHA, GOTCHA. ALRIGHTY. PROVIDING FOR METHOD OF ASSESSMENT OF SPECIAL ASSESSMENT AGAINST PROPERTY IN THE DISTRICT. APPROVING AN ASSESSMENT ROLL FOR IMPROVEMENT AREA NUMBER ONE OF THE DISTRICT. LEVYING SPECIAL ASSESSMENTS AGAINST PROPERTY WITHIN IMPROVEMENT AREA NUMBER ONE OF THE DISTRICT PROVIDING FOR PAYMENTS OF THE SPECIAL ASSESSMENTS, PROVIDING FOR PENALTIES AND INTEREST ON THE DELINQUENT ASSESSMENTS. ESTABLISHING ESTABLISHING A LIEN ON PROPERTY WITHIN THE DISTRICT. APPROVING A SERVICE AND ASSESSMENT PLAN. PROVIDING FOR RELATED MATTERS IN ACCORDANCE WITH CHAPTER 372 TEXAS LOCAL GOVERNMENT CODE PROVIDING AN EFFECTIVE DATE AND PROVIDING FOR SEVERABILITY. STAFF IS RECOMMENDING THAT WE POSTPONE THIS ITEM UNTIL THE NOVEMBER 5TH, 2025 REGULAR SESSION. GOT YOU GOT STAFF RECOMMENDATION. CAN WE GET A MOTION COUNCIL? I'D LIKE TO MAKE A MOTION THAT WE POSTPONE ITEM NUMBER 15 UNTIL THE NOVEMBER 3RD, 2025. COUNCIL NOVEMBER 5TH. ON NOVEMBER 5TH. I'M SORRY. NOVEMBER 5TH, 2025 COUNCIL MEETING. IT HAS BEEN MOTION BY COUNCILWOMAN WALLACE. CAN I GET A SECOND? A SECOND? SECONDED BY COUNCILWOMAN MARIA. ANY QUESTIONS TO THE MOTION, IF ANY. ALL IN FAVOR? MESH MOTION CARRIES. THANK YOU. NOW, CITY [01:00:10] COUNCIL WILL CONVENE INTO EXECUTIVE SESSION PURSUANT TO THE PROVISIONS OF CHAPTER 551, TEXAS GOVERNMENT ALL RIGHT. CITY COUNCIL NOW RECONVENING TO OPEN SESSION PURSUANT TO THE [OPEN SESSION ] PROVISION OF CHAPTER 551, TEXAS GOVERNMENT CODE AND TAKE ACTIONS, IF ANY, ON ITEMS DISCUSSED DURING CLOSED EXECUTIVE SESSION. ANY? NOPE. ALRIGHTY. THIS MEETING IS NOW ADJOURNED * This transcript was compiled from uncorrected Closed Captioning.