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NOVEMBER 17TH, 2025 MEETING, ESPECIALLY THE WORK SESSION OF THE GARDEN CITY COUNCIL. FIRST
[ PUBLIC COMMENTS ON WORK SESSION ITEMS]
ITEM ON OUR AGENDA IS PUBLIC COMMENTS. MADAM SECRETARY, DO WE HAVE ANY SPEAKERS SIGNED UP[ CONSIDER THE CONSENT AGENDA]
TODAY? NO, SIR. VERY GOOD. WE'LL MOVE ON THEN TO THE CONSENT AGENDA. I HAVEN'T RECEIVED ANY REQUESTS TO PULL ANY ITEMS OFF, BUT YOU HAVE ABOUT 25 HOURS TO DO SO. BUT[1. Parking Restrictions on Marquis Drive]
THE SOONER THE BETTER TO GIVE STAFF TIME TO PREPARE FIRST WRITTEN BRIEFING. ITEM NUMBER ONE IS PARKING RESTRICTIONS ON MARQUEE DRIVE. SECOND ITEM IS CROSSING EXTENSION AGREEMENT[2. Crossing Extension Agreement with the Kansas City Southern Railway Company for New Sidewalk Improvements]
WITH THE KANSAS CITY SOUTHERN RAILWAY COMPANY FOR NEW SIDEWALK IMPROVEMENTS. THIRD[3. Bond Refunding - Electric Utility System Commercial Paper Notes]
ITEM IS BOND REFUNDING ELECTRIC UTILITY SYSTEM. COMMERCIAL PAPER NOTES. AND THE FOURTH[4. Investment Portfolio Report]
WRITTEN BRIEFING IS INVESTMENT PORTFOLIO REPORT. MOVE ON, THEN TO VERBAL BRIEFINGS. ITEM[5. Council Discussion Regarding Council Policies]
NUMBER FIVE IS COUNCIL DISCUSSION REGARDING COUNCIL POLICIES. MISTER ENGLAND HAVE A PRESENTATION FOR US. GOOD EVENING, MAYOR AND COUNCIL. TIME OF YEAR AGAIN. I WAS GOING TO GIVE IT TAKE A BIT OF TIME BECAUSE WE ONLY DO THIS ONCE A YEAR TO GO OVER JUST COUNCIL POLICIES IN GENERAL AND JUST DO AN INTRODUCTION TO THEM. I JUST WANT TO QUICKLY DRAW A DISTINCTION, BECAUSE I'VE GOTTEN QUITE A FEW QUESTIONS THIS YEAR FROM VARIOUS COUNCIL MEMBERS IN REGARD TO THE DISTINCTION BETWEEN THE COUNCIL POLICIES AND LAW. NUMBER ONE POINT IS CITY COUNCIL POLICIES. THEY'RE JUST Y'ALL'S INTERNAL GOVERNANCE RULES, AND IT'S ESTABLISHED BY YOU. SO THESE ARE THE RULES THAT Y'ALL ESTABLISH. AND THERE'S ALSO SOME IN OUR OUTSIDE OF THE RULES OF ORDER AND THE POLICIES THAT ALSO RELATE TO THE GENERAL GOVERNANCE OF THE CITY MANAGER'S OFFICE AND CITY FINANCES. THEY TYPICALLY GUIDE COUNCIL PROCEDURES, CONDUCT AND ADMINISTRATIVE PRACTICES. UNLIKE ORDINANCES AND RESOLUTIONS, POLICIES OR VIOLATIONS THEREOF DO NOT CARRY THE FORCE OF LAW. THERE'S SOME DISTINCTIONS FOR THAT, BUT THAT'S THE GENERAL RULE. SO THEY MAY HAVE SOME PROCEDURAL CONSEQUENCES IN TERMS OF HOW Y'ALL ARE DOING BUSINESS, BUT NOT LEGAL PENALTIES. IF YOU ALL ELECTED ANY ONE TIME TO AMEND THE POLICIES ON THE SPOT. THE CITY CHARTER SPECIFIES THAT THE POLICY SHOULD BE ADOPTED AT THE FIRST MEETING IN JANUARY, AND THIS FORMAL ADOPTION REAFFIRMS THE RULES AND PROCEDURES FOR THE NEW COUNCIL YEAR. HOWEVER, THERE IS A ROLLOVER. IT'S MY TERM FOR THE POLICIES THAT IF Y'ALL DO NOT VOTE THEM IN IN JANUARY OF EACH YEAR, THAT THE OTHER POLICIES REMAIN IN EFFECT UNTIL FORMALLY CHANGED OR REAFFIRMED, AND THE CHARTER GOES ON TO SAY THAT THE POLICY MAY BE AMENDED OR REPLACED BY MAJORITY VOTE AT ANY TIME. AND SO OFTENTIMES WHAT HAPPENS IS YOU'LL SEE IN WORK SESSION, FOR EXAMPLE, COUNCIL WILL CHOOSE TO EITHER SUSPEND OR AMEND A POLICY AND DO A CONSENSUS VOTE ON THAT. AND THE CHARTER IS NOT REAL CLEAR ON WHETHER IT HAS TO BE A FORMAL VOTE. BUT IT DOES SAY AT ANY TIME. SO THAT KIND OF TELLS ME THAT THOSE WORDS HAVE TO MEAN SOMETHING. AND SO THEY MEAN THAT COULD BE THAT YOU COULD CHANGE A POLICY, OF COURSE, EITHER SUSPEND IT TEMPORARILY OR CHANGE IT ON THE SPOT AS A PROCEDURAL MATTER. AGAIN, THE AUTHORITY TO CHANGE THE POLICIES ARE THERE IN THE CHARTER. AND OF COURSE, THIS ENSURES SOME FLEXIBILITY WHILE MAINTAINING GOVERNANCE, STABILITY AND ACCOUNTABILITY. SO THAT'S KIND OF THE BACKGROUND INTRODUCTION TO THE POLICY. SO WHAT HAPPENS WHEN THE CHAIR OF A GOVERNING BODY, WHETHER THAT'S THE COUNCIL, THE MAYOR THAT IS, OR A CHAIR OF ONE OF OUR COMMITTEES MAKES A PROCEDURAL ERROR. THAT IS, HE MAKES A PROCEDURAL DECISION THAT'S NOT IN LINE WITH THE GENERAL RULE THAT WE THAT THE COUNCIL HAS DECIDED TO FOLLOW ROBERT'S RULES. DOES IT INVALIDATE A DECISION OR AN ACTION? THE SHORT ANSWER IS NO. THE COUNCIL. THESE ARE COUNCIL POLICY AND RULES. IF YOU MAKE A PROCEDURAL ERROR IN DECIDING A CASE OR A SAY, FOR EXAMPLE, A ZONING CASE OR SOMETHING ELSE, THERE IS NO PUBLIC PROPERTY RIGHT INTO WHETHER OR NOT THE COUNCIL FOLLOWS ITS OWN POLICIES OR NOT. YOU MIGHT BE ASKING WHAT HAPPENS IF THE MAYOR MAKES A DECISION THAT'S NOT QUITE RIGHT. IT GOES ON TO TALK ABOUT, IN THE SECTION 10.15 OF THE CODE OF ORDINANCES, IT SAYS THAT YOU ALL HAVE A RIGHT AS COUNCIL. IF YOU DON'T AGREE WITH THE MAYOR'S[00:05:01]
PROCEDURAL DECISION, YOU ALL HAVE A RIGHT TO DO A RULE OF ORDER. AND IF YOU DON'T DO THAT, THEN THE ABSENCE OF SUCH AFFIRMATIVE ACTION ON YOUR PART TO AMEND OR REVERSE THE RULING OF THE CHAIR, IT'S EVIDENCE THAT YOU ALL AGREED WITH IT. AND SO IF YOU MAKE AN ERROR AND NOBODY SAYS ANYTHING AND NOBODY VOTES ON IT, WE DON'T TAKE A VOTE TO TO OVERRULE HIS ERROR, THEN ALL THAT MEANS IS THE COUNCIL ACQUIESCED TO IT. AND AND IT'S AFFIRMATIVE EVIDENCE THAT THE SUPPORT OF THE CHAIR'S RULING. SO THAT'S Y'ALL'S OPTIONS. OPTIONS AS COUNCIL THAT'S COME UP. I KNOW AT LEAST ONCE THIS YEAR IN TERMS OF, OKAY, WHAT DO WE DO IN CASE WE DON'T AGREE WITH THE PROCEDURAL DECISION THAT WE THINK MAY BE OUTSIDE OF ROBERT'S RULES, OR IT MAY JUST BE OUTSIDE OF OUR OWN RULES? AND THAT'S KIND OF MY BACKGROUND ON THE POLICIES THEMSELVES. ANY QUESTIONS ON THAT? OKAY. SO AS YOU ALL RECALL, ABOUT THREE MONTHS AGO, TWO MONTHS AGO, MAYBE I SENT OUT AN EMAIL ASKING FOR REQUESTS FOR CHANGES, PROPOSED CHANGES TO Y'ALL'S INTERNAL POLICIES. AND I'VE GATHERED THOSE REQUESTS INTO THIS POWERPOINT SLIDE, AND I'M GOING TO RECEIVE THE INFORMATION FROM YOU ALL. IF YOU ALL WANT ME TO GO FORWARD WITH THE REQUEST AND DRAFT SOME LANGUAGE, AND THEN I WILL COME BACK THE NEXT WORK SESSION, AND I'LL HAVE THAT FORMALLY WRITTEN DOWN INTO A POLICY THAT YOU ALL CAN LOOK AT AND GIVE CONSENSUS ON. AND THEN, OF COURSE, IN JANUARY, WE'LL SET IT ON THAT FIRST AGENDA AND HAVE YOU ALL FORMALLY VOTE ON IT. BUT WE'LL BE TAKING A CONSENSUS. I'LL GET A CONSENSUS FROM YOU ALL IN THE NEXT WORK SESSION, WHICH I BELIEVES DECEMBER THE 2ND I REMEMBER CORRECTLY, FIRST ONE I RECEIVED IS A PROPOSAL TO PROHIBIT THE USE OF PERSONAL CELL PHONES, TABLET OR OTHER ELECTRONIC COMMUNICATION DEVICES DURING THE MEETINGS. NOTICE IT SAYS PERSONAL. SO OF COURSE YOU'LL HAVE TABLETS IN FRONT OF YOU THAT ARE SUPPLIED BY THE CITY.THOSE WOULD STILL BE ALLOWED UNDER A NEW. IF YOU ALL DECIDE TO ADOPT THIS NEW POLICY.
CURRENTLY IT SAYS IT JUST SAYS Y'ALL, Y'ALL SHALL SILENCE THE CELL PHONES AND OTHER ELECTRONIC DEVICES DURING ALL MEETINGS. AND SO THERE'S NOT A PROHIBITION. THIS WOULD BE A PROHIBITION OF THE USE OF IT. MAYOR PRO TEM LOOKED I WOULD I WOULD LIKE TO SEE THAT DURING EXECUTIVE SESSION. I DON'T KNOW THAT IT'S NECESSARY DURING REGULAR SESSION OR WORK SESSION.
THANK YOU. COUNCILMEMBER BASS. YEAH, I THINK THAT'S TOO PROHIBITIVE. I MEAN, USE OF PERSONAL CELL PHONES. WE USE OUR PERSONAL CELL PHONES TO LOOK THINGS UP, WHATEVER THAT MAY BE. LOOK AT THE AGENDA, LOOK UP AN ADDRESS FOR A PROPERTY, ALL KINDS OF THINGS.
SO I, I THINK IT GOES A LITTLE TOO FAR. I THINK IT'S FINE THE WAY IT IS. SILENT CELL PHONES.
I MEAN, I'D BE FINE WITH SOMETHING BEING PROHIBITED DURING EXECUTIVE SESSION. I DON'T KNOW. NO, I DON'T THINK SO, BECAUSE YOU MIGHT WANT TO LOOK UP SOMETHING DURING EXECUTIVE SESSION AS WELL. SO I THINK IT'S FINE THE WAY IT IS. I DON'T THINK IT NEEDS TO BE CHANGED AT ALL. THANK YOU. THANK YOU SIR. COUNCILMEMBER WILLIAMS. I, I, I WOULD I WOULD SUPPORT THAT LANGUAGE BECAUSE. AS FAR AS I'M CONCERNED, I JUST BUT I, I TRY TO PUT MYSELF IN THE AUDIENCE AND SOME OF THE FEEDBACK THAT I'VE GOTTEN IN THE PAST WAS THAT CERTAIN COUNCIL MEMBERS, YOU KNOW, THEY DIDN'T KNOW WHAT THE WHAT THE COUNCIL MEMBERS WERE DOING. BUT I NOTICED, QUOTE, ON A CELL PHONE DURING THE MEETING. SO. TO TO I DIDN'T SPEAK TO THAT BECAUSE IT WASN'T ME, BUT I THINK IT HELPS. NOTWITHSTANDING. YOU'RE CONCERNED. I THINK JUST SILENCE CELL PHONES AND OTHER DEVICES. I THINK THAT'S APPROPRIATE UNDER AND AGAIN, FROM THE STANDPOINT OF THE AUDIENCE, THE VIEWING PUBLIC, NOT FROM OUR STANDPOINT. THAT'S WHY I SUPPORT THAT, THAT LANGUAGE. THANK YOU MAYOR. THANK YOU SIR. COUNCILMEMBER BEARD, I'M USING MY CELL PHONE RIGHT NOW TO LOOK AT THE AGENDA. SO I USE IT INSTEAD OF THE TABLET JUST BECAUSE OF TH AMOUNT OF SPACE ON THE TABLE. AND I TAKE NOTES. SO I TEND TO HAVE MORE NEED MORE SPACE TO WRITE. AND MY CELL PHONE TAKES UP LESS ROOM THAN THE TABLET.
SO I USE MY PERSONAL CELL PHONE. I'VE GOT IT RIGHT NOW IN THE AGENDA IS PULLED UP SO THAT I CAN FOLLOW THE AGENDA. DURING OUR ACTUAL MEETINGS. WE HAVE THE SYSTEM NOW WHERE THE AGENDA IS AVAILABLE TO US RIGHT THERE IN FRONT OF US ON, AND WE DON'T HAVE TO HAVE THE THIRD TABLET UP THERE. AND I DON'T ACTUALLY NEED MY CELL PHONE, BUT I DO GO IN AND LOOK UP ZONING CASES,
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LOOK AT PLACES. BUT IT'S IT'S I DO AGREE THAT THEY SHOULDN'T BE BUZZING OR RINGING OR WHATEVER, BUT WE DO USE THEM FOR LEGITIMATE REASONS WHILE WE'RE UP HERE. SO THANK YOU ALL.THANK YOU MA'AM. DEPUTY MAYOR PRO TEM. I WOULD I THINK THAT IT PROBABLY GOES A LITTLE TOO FAR HAVING, HAVING HAVING NO CELL PHONES DURING REGULAR WORK SESSION AND REGULAR COUNCIL MEETINGS. BUT I DEFINITELY AGREE THAT AN EXECUTIVE SESSION, WE SHOULD NOT HAVE ELECTRONICS.
THANK YOU. DOES THAT GO FOR PERSONAL AS WELL AS CITY PROVIDED? I'M A PROLIFIC NOTE TAKER AND AND I USE THAT. I USE MY IPAD A LOT, BUT WORK SESSION. I'M NOT SUPPOSED TO BE TAKING NOTES ANYWAY, SO. OR AN EXECUTIVE SESSION. SO YES, DURING EXECUTIVE SESSION NEITHER ONE. COUNCILMEMBER MORE. THANK YOU, MR. MAYOR. WELL. I'M WAY PAST 50 AND I JUST FEEL THAT MY TELEPHONE IS. IT'S NECESSARY. I'M GETTING MESSAGES FROM THE COMMUNITY AT TIMES WHEN I'M HERE, PEOPLE WANT TO ASK QUESTIONS THAT I WOULD NEVER HAVE ASKED OR WOULDN'T HAVE EVEN THOUGHT ABOUT. I'M DOING THE SAME THING THAT CHRIS IS DOING. I'M WATCHING MY AGENDA AND SO ON AND SO FORTH. SO. I, I JUST DON'T KNOW THE CONCERN. I MEAN, YES, SILENCE IT, PUT IT ON SILENCE OR WHATEVER THE CASE MAY BE. BUT, YOU KNOW, I'M, I'M I'M A GROWN MAN AND I HAVE A VERY RESPONSIBLE POSITION AND I BELIEVE THAT I DEAL WITH THAT POSITION QUITE WELL. AND IT HAS NOTHING TO DO WITH RECEPTION IF I'M ON THE TELEPHONE OR NOT.
HOWEVER, THIS COUNCIL VOTES TO GO, AND OF COURSE I'M GOING TO GO WITH THAT, BUT I JUST DON'T SEE WHAT WHAT THE PROBLEM IS WITH THE LANGUAGE THAT WE HAVE PRESENTLY. THANK YOU, MR. MAYOR.
THANK YOU SIR. COUNCIL, ANY OTHER COMMENTS ON THIS ITEM? COUNCILMEMBER THOMAS? COUNCILMEMBER MOORE I, I THINK WE'VE WE USE THESE WE GET QUESTIONS FROM PEOPLE THAT WE WOULDN'T THINK TO ASK, YOU KNOW, DURING THE MEETINGS, DURING PRESENTATIONS. IT HAPPENS NOW AND AGAIN, NOT A LOT, BUT I YOU KNOW, I THINK WE WE NEED TO TRUST EACH OTHER TO USE THESE RESPONSIBLY TO NOT HAVE THINGS OUTSIDE OF EXECUTIVE SESSION GET OUT. SO I, I THINK THE CURRENT LANGUAGE IS WHAT I WOULD SUPPORT. THANK YOU MAYOR. THANK YOU SIR. ALL RIGHT COUNCILMAN, ASK THREE QUESTIONS ON THIS ONE. WE'LL DO THREE ROUNDS. FIRST WILL BE PER THE LANGUAGE THAT'S UP HERE. THE SECOND WILL BE FOR EXECUTIVE SESSION ONLY. AND THE FINAL WILL BE FOR TO MAINTAIN IT AS IT IS WRITTEN CURRENTLY. SO THE FIRST ITEM I'M ASKING FOR CONSENSUS IS TO CHANGE IT TO WHAT IS WRITTEN UP THERE TO PROHIBIT PROHIBIT, CELL PHONES PROHIBIT AS IT'S WRITTEN UP THERE PROPOSAL TO PROHIBIT CELL PHONES DURING MEETINGS. DURING MEETINGS. JUST IT LOOKS LIKE NO ONE SUPPORTS THAT. SO THERE'S NO THUMBS UP. SO ALL RIGHT. THE SECOND ONE I'M GOING TO ASK THEN IS DURING EXECUTIVE SESSION ONLY TO PROHIBIT CELL PHONES PERSONAL DEVICES DURING EXECUTIVE SESSION. I'M FOR THAT 1234. THAT'S FIVE. AND THAT ONE WILL CARRY. YEAH. JUST TO BE CLEAR. I WILL LEAVE THIS LANGUAGE BUT ADD A SENTENCE THAT ADDRESSES EXECUTIVE SESSION PROHIBITION. GOT IT. OKAY. THERE WAS A PROPOSAL SENT TO ME THAT THE MAYOR COULD ASSIGN COUNCIL MEMBERS TO BE LIAISONS TO THE BOARDS AND COMMISSIONS. MAYOR PRO TEM LOOKED. CURRENTLY, WE DON'T HAVE ANY COUNCIL LIAISONS TO
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BOARDS AND COMMISSIONS. SO MINUS PLAN COMMISSION, PROPERTY STANDARDS BOARD AND BOARD OF ADJUSTMENT, I THINK IT WOULD BE NICE IF WE IF THERE WAS A COUNCIL PERSON ASSIGNED TO THE BOARDS AND COMMISSIONS, OTHER CITIES DO THAT AND IT'S VERY EFFECTIVE AND THAT WAS WHY I PROPOSED THIS. THANK YOU. THANK YOU. COUNCILMEMBER WILLIAMS. QUESTION. SOME TIME HAS PASSED, BUT I THOUGHT WE. BECAME THE STAFF THAT WERE WORKING WITH THE EACH BOARD AND COMMISSION.WE CALLED THEM AT ONE TIME STAFF LIAISONS. IS THAT NOT CORRECT OR OR AM I AM I BELIEVE THIS IS FOR COUNCIL MEMBER. WE HAVE STAFF LIAISONS ALREADY. THIS WOULD BE ADDING A COUNCIL INDIVIDUAL COUNCIL MEMBER TO EACH BOARD OR COMMISSION. SO WE WOULD WE WOULD LEAVE THE STAFF PERSON WITH THAT. SO THERE WOULD BE A STAFF LIAISON AND THERE WOULD BE A COUNCIL LIAISON. YES, SIR. AND WHAT WOULD BE THE THE TASK OF THE COUNCIL LIAISON? I'VE JUST JUST FOR CLARITY, WHAT WHAT WOULD BE THE DISTINCTION IN THOSE TWO DUTIES? MAYOR PRO TEM? YES, SIR.
I THINK THAT WOULD NEED TO BE DEFINED. I DON'T KNOW THAT IT WOULD BE NECESSARY FOR COUNCIL MEMBERS TO BE PRESENT AT EVERY MEETING, MAYBE ONCE A QUARTER, BUT TO HAVE A SPECIFIC PERSON THAT ANYONE ON THE BOARD OR THE STAFF LIAISON COULD CONTACT IF THEY HAD QUESTIONS ABOUT SOMETHING OR WANTED SOMETHING COMMUNICATED TO COUNCIL. OKAY, AS LONG AS THOSE DUTIES ARE CLEAR. I MEAN, I THINK THERE NEEDS TO BE SOME PROPERTY AT A FUTURE DISCUSSION, BUT I THINK THERE SHOULD BE. IS THERE GOING TO BE A DISTINCTION? BECAUSE, FOR EXAMPLE, I DON'T NORMALLY I DON'T ATTEND PLANNING COMMISSION MEETINGS AND I DON'T DO THAT OUT OF PERSONAL CHOICE.
GIVEN MY PLANNING COMMISSIONER FULL RIGHT. IF I HAVE A QUESTION ABOUT WHAT WHAT THE WHAT SHE VOTED, VOTED ON OR DIDN'T, THEN I CONTACTED HER. BUT I DON'T BECAUSE IN THE PAST MAY NOT BE PRESENT NOW. THERE WAS A SOME OF THE BOARDS AND COMMISSION MEMBERS. THERE WAS AN INTIMIDATION FACTOR JUST BY COUNCIL BEING IN A ROOM. SO I THINK I LIKE THAT IDEA, BUT I THINK WE NEED TO MAKE SURE THAT COUNCIL DOES NOT INJECT THEMSELVES INTO THAT DISCUSSION.
I THINK IT WOULD STRICTLY BE AN OBSERVER, AN OBSERVATORY ROLE DURING THE MEETING, MUCH LIKE THE THE STAFF LIAISON THERE REALLY ONLY THEY HELP LEAD THE MEETINGS, BUT THEY'RE REALLY THERE TO ANSWER QUESTIONS AND MAYBE GUIDE THE BOARD OR COMMISSION. WELL, IT WOULD BE BOARD IN THIS CASE BECAUSE MY PROPOSITION WAS NOT TO INCLUDE PLANNING COMMISSION, PUBLIC SATY OR, I'M SORRY, PROPERTY STANDARDS BOARD AND BOARD OF ADJUSTMENT SINCE THOSE ARE STATE MANDATED OR LIKE REALLY CHARTER MANDATED BODIES. RIGHT? RIGHT, RIGHT. YEAH, I THINK IT'S FINE AS LONG AS THAT DISTINCTION IS UNDERSTOOD BECAUSE. IT, IT IT THE POTENTIAL OF IT HAVING FOR DISCUSSION, DISCUSSION IS GOING ON. AND COUNCIL MEMBER RAISED THEIR HANDS. AND I THINK IN THAT INSTANCE THAT BODY IS GOING TO ACQUIESCE TO THE COUNCIL. I DON'T THINK THAT THE COUNCIL PERSON SHOULD BE SITTING WITH THE I LIKE I SAID, STRICTLY OBSERVE LIKE AN OBSERVATION SETTING. AND AS SOMEONE THAT THEY COULD TALK TO BEFORE OR AFTER THE MEETING IF THEY, YOU KNOW, HAD QUESTIONS AS LONG AS, AS LONG AS THAT, THAT THOSE PARAMETERS. I'M GOOD WITH IT, BUT I WOULD NOT WANT TO TO HAVE A COUNCIL MEMBER SITTING THERE AND TAKE IT OVER. YEAH, YEAH. AND I JUST DON'T WANT THAT MEMBER TO BE PUT IN A POSITION OF HAVING TO LOOK OUT OF ONE CORNER OF THE EYE ATHE COUNCICIL MEMBER AND, AND LISTE.
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SO I JUST WANT TO MAKE SURE THAT, THAT THERE'D BE NO DISCOMFORT AMONG THE BOARD COMMISSION MEMBERS WITH THE COUNCIL MEMBER BEING PRESENT. THAT'S ALL. THAT'S MY THAT'S MY COMMENT, MAYOR. THANK YOU. THANK YOU SIR. COUNCILMEMBER BASS. YES, JUST TO ECHO BJ'S SENTIMENTS. YEAH, I THINK THAT IT'S A GREAT IDEA IN THEORY, BUT IT NEEDS TO BE IT NEEDS NEEDS A LOT MORE DETAIL. YEAH. SO I'M IN I'M IN FAVOR OF IT. BUT I MEAN, I GUESS IF WE JUST WE'RE GOING TO HAVE TO GO INTO SOME FURTHER DISCUSSION ABOUT WHAT THE ROLE ENTAILS. BUT OTHER THAN THAT, I'M OKAY. THANK YOU. THANK YOU. SIR. MAYOR PRO TEM LUCK. YOU PUNCHED IN. I WAS JUST RESPONDING. OKAY. COUNCIL, I LOOK AT THIS. WHAT PROBLEM OR ISSUE ARE WE TRYING TO SOLVE WITH THIS? I KNOW WE JUST ALREADY MANDATED THAT THE BOARDS AND COMMISSIONS ARE GOING TO REPORT MORE FREQUENTLY, AT LEAST ANNUALLY, TO US. I DON'T WANT THAT TO INTERFERE WITH THE COUNCIL LIAISON. IF THE COUNCIL MEMBER FEELS LIKE THEY NEED TO REPORT ON THAT BOARD OR COMMISSION, THEY'RE ASSIGNED AS WELL. SO. I JUST WONDER WHAT THE ADDED VALUE OF THIS PROPOSITION IS MYSELF. SO I'M NOT NECESSARILY IN FAVOR OF THIS, BUT WE CAN ALWAYS I WOULD LIKE TO GIVE THAT REPORTING PROCESS THAT WE JUST SET UP FOR EACH BOARD COMMISSION, TIME TO WORK FIRST AND THEN WE CAN ALWAYS, AS WE SAID EARLIER, AMEND OUR POLICIES AT ANY TIME.ALL RIGHT. COUNCIL, ASK FOR CONSENSUS THAT WE ASSIGN A COUNCIL MEMBER TO A BOARD AS LIAISON IN. ALL IN FAVOR. ONE, TWO, THREE. FOUR, FIVE. SO WE THAT LOOKS SO THAT IS LOOKS LIKE WE HAVE FIVE THERE. SO YES, WE'LL MOVE FORWARD WITH THAT. I THINK THIS IS AN ITEM WE SHOULD SEND TO OUR ADMINISTRATIVE SERVICES COMMITTEE. THEN TO TO FLESH OUT A POLICY AROUND IT THEN. YES, I WAS GOING TO SUGGEST THAT THAT WAY I WON'T ADD IT TO THE I DON'T THINK IS GOING TO GET TO IT IN DECEMBER BECAUSE OF THE HOLIDAYS. AND SO WE CAN ADD IT TO EARLY SPRING AND THEN AMEND THE POLICIES IN THE MIDDLE OF THE YEAR. OKAY. VERY GOOD. THIS IS A REALLY A MINOR PROCEDURAL RECOMMENDATION. CURRENTLY, THE CITY COUNCIL OR THE CITY STAFF IS TO SEND THE MINUTES OF MEETINGS TO THE CITY COUNCIL WITHIN TWO WEEKS FOR APPROVAL. COUNCIL MEMBER WILLIAMS SUGGESTED THAT WE DO THAT ON THE WEEK BEFORE. HE SAID HE ACTUALLY SAID THURSDAY OR FRIDAY. BUT BECAUSE OF THE OPEN MEETINGS LAW, THE OPEN MEETINGS ACT, WE COULD DO THAT ON A TUESDAY THE WEEK BEFORE INSTEAD OF TWO WEEKS PRIOR. AND THAT MIGHT RELIEVE SOME ADMINISTRATIVE STRESS, BUT IT ALSO GETS IT IN TIME FOR YOU ALL TO SEE IT AND REVIEW IT A WEEK, A WEEK PRIOR TO. SO IT'D BE ON THAT TUESDAY. SOME DISCUSSION ON THIS ONE.
COUNCILMEMBER WILLIAMS, THANK YOU. THANK YOU MAYOR, AS MR. CITY ATTORNEY. I SUGGESTED THIS AND I DON'T I DON'T FEEL STRONGLY OTHER THAN GIVE US MORE TIME TO REVIEW IT AND GET QUESTIONS. YOU CAN FOLLOW UP YOUR QUESTIONS. AND THEN WHEN IT COMES TO THE ACTUAL AGENDA PACKET FOR COUNCIL, IT WILL IT WILL ALREADY BEEN REVIEWED. ANY QUESTIONS THAT COME UP HAVE ALREADY BEEN ADDRESSED. THAT'S THAT'S MY THAT WAS MY REASON FOR FOR SUGGESTIONS. THANK YOU OKAY. MAYOR PRO TEM LUCK. YOU KNOW HOW MUCH HOW MUCH STAFF TIME THAT WOULD ADD OR IT'S ALREADY QUITE A PROCESS TO GET THE AGENDA POSTED. AND CHANGES ARE MADE UP UNTIL MIDNIGHT THE DAY BEFORE. SO WOULD YOU BE OKAY WITH, LIKE, A PRELIMINARY AGENDA? THAT'S NOT TOTALLY LIKE THAT. THAT IS SUBJECT TO CHANGE BECAUSE. MY, MY THING WAS WHAT WHAT WAS ONLY DEAL WITH THE MINUTES OF OF THE, OF THE MEETINGS. NOT. AGENDA AND THAT. THE. FINAL PACKAGE THAT WE GET NOW, IT WOULD ONLY DEAL WITH THE MINUTES. A DRAFT CALL IT. YOU CALL IT WHAT YOU WANT TO A
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DRAFT THE MINUTES OF THAT FROM THAT MEETING, NOT THE WHOLE OKAY. NOT NINE YARDS, JUST JUST YOU JUST YOU GET A CHANCE TO SEE THE MINUTES. AND IF YOU GOT SOME QUESTIONS OR YOU GOT TIME TO GO BACK TO THE CITY SECRETARY AND CLEAR THAT UP. AND THEN WHEN THE PACKET COMES OUT, YOU'VE DONE THAT'S THAT'S I'M THINKING. THANK YOU MA'AM. COUNCIL, I KNOW WE CAN ALWAYS AMEND THE MINUTES AS WE WISH DURING THE MEETING AS WELL AFTER LOOKING AT THEM, BUT I DON'T HAVE AN ISSUE IF THIS IF STAFF DOESN'T HAVE AN ISSUE PREPARING THEM IN TIME. MADAM SECRETARY, DO YOU WISH TO WEIGH IN ON THAT? SINCE YOU'RE THE ONE WHO HAS TO PREPARE THE MINUTES FOR US? THE MINUTES? IF I'M READING IT RIGHT, IT WOULD BE THE TUESDAY OF THE WEEK BEFORE, SO WE WOULD ALREADY POST THE PACKET ON TUESDAY. SO THE MINUTES ARE GOING TO BE READY WITH OUR. SO THERE'S NO THERE'S NO ADMINISTRATIVE. OKAY. I'M HAPPY TO HAPPY TO HELP OKAY.VERY GOOD. COUNCIL ASK FOR CONSENSUS ON THIS ONE THEN. WE GO EIGHT ONE. WE HAVE CONSENSUS.
AND THIS IS THE ONE THAT'S BEEN PREVIOUSLY PREVIOUSLY DISCUSSED AT ADMINISTRATIVE SERVICES COMMITTEE. AND WORK SESSION HAS TO DO WITH THE PUBLIC DISPLAY OF FLAGS. AND I'M GOING TO GO OVER BRIEFLY THE GENERAL RULES THAT COULD APPEAR IN THE POLICY AS AS A WRITTEN ITEM IN THERE.
THE FIRST IS THE CITY OF GARLAND. FLAG SHALL BE DISPLAYED IN ACCORDANCE WITH THE US FLAG CODE AND TEXAS GOVERNMENT CODE THAT ACTUALLY MEANT TO BE THE TEXAS AND THE US FLAG SHALL BE DISPLAYED DISPLAYED. I APOLOGIZE FOR THAT. THE CITY FLAG SHALL NEVER BE DISPLAYED ABOVE THE FLAGS OF THE UNITED STATES OR THE STATE OF TEXAS. AND THEN MOST OF THE CONVERSATION HAD TO DO WITH THE FLAG DISPLAY AT HALF STAFF. AND WHO MAKES THAT DECISION AND UNDER WHAT CIRCUMSTANCES? AND THIS IS WHAT THE NOTES I HAD TAKEN. THE CITY OF GARLAND WILL COMPLY WITH ALL FEDERAL AND STATE DIRECTIVES REGARDING THE LOWERING OF FLAGS TO HALF STAFF.
CITY FLAGS MAY ALSO BE LOWERED TO HALF STAFF AT THE DIRECTION OF THE MAYOR, THROUGH COMMUNICATION TO THE CITY MANAGER, FOLLOWING THE PROCESS OUTLINED IN THE FLAG DISPLAY AT HALF STAFF SECTION, CITY COUNCIL MEMBERS, WISHING TO REQUEST THAT FLAGS BE LOWERED SHOULD SUBMIT THEIR REQUEST TO THE MAYOR, WHO WILL PROVIDE DIRECTION TO THE CITY MANAGER, AND THEN, UPON THE PASSING OF THE CURRENT CITY OF GARLAND EMPLOYEE, THE CITY FLAG WILL BE LOWERED TO HALF STAFF. BEGINNING OF THE DAY, THE CITY IS NOTIFIED AND WILL REMAIN LOWERED THROUGH THE FOLLOWING DAY, AND THEN THIS TIME WILL ALSO APPLY TO OTHER APPROVED LOWERING REQUEST OF THE CITY. WHEN THE US AND OR TEXAS FLAGS ARE ORDERED TO HALF STAFF, THE CITY OF GARLAND WILL ALSO BE LOWERED FOR THE SAME DURATION. HOWEVER, WHEN CITY FLAGS ARE LOWERED AT THE DIRECTION OF THE MAYOR, THE US AND TEXAS FLAGS WILL NOT BE LOWERED, AND THAT'S ALSO CONSISTENT WITH THE FLAG US FLAG CODE. ANY COMMENTS QUESTIONS DIRECTIONS ON THAT COUNCIL? ANY QUESTIONS? COMMENTS? COUNCILMEMBER THOMAS. IT SAYS CITY EMPLOYEES, BUT I KNOW THAT I MADE A REQUEST OF THE MAYOR TO PUT OUR FLAG AT HALF STAFF WHEN MIKE ROSE PASSED. TECHNICALLY NOT A CITY EMPLOYEE, BUT I WOULD WANT IT TO APPLY TO BOARD MEMBERS AS WELL WHO HAVE SERVED. THE CITY WAS MUCH DEDICATION AS STAFF, AND SO I'D LIKE TO SEE IT EXPANDED TO INCLUDE ANY SITTING BOARD MEMBERS THAT PASS AWAY DURING WHILE THEY'RE SEATED ON A BOARD OR COMMISSION. YES, SIR. MR. MAYOR, I CAN CHANGE THAT TO CITY OFFICIALS. AND THAT WILL CAPTURE NOT JUST THOSE, BUT ALSO ANY ONES WE MIGHT BE FORGETTING TONIGHT. THAT'S. I HAVE NO ISSUE WITH THAT COUNCIL. IS THERE ANY ISSUE WITH THE LANGUAGE OR THE, THE FLAG LANGUAGE WE HAVE HERE LOING FOR CONSENSUS ON THIS ITEM, ADDING THE CITY OFFICIAL. ALL RIGHT. IT'S UNANIMOUS. AND THEN I RECEIVED SOME A COUPLE OF DIFFERENT PROPOSALS TO ADD LANGUAGE THAT ADDRESSES POSSIBLE SANCTIONS FOR VIOLATIONS OF THE EXECUTIVE SESSION PRIVILEGE BY MEMBERS OF THE CITY COUNCIL, AND POSSIBLE SANCTIONS MAY INCLUDE PUBLIC LETTERS OF REPRIMAND, CENSURE, CENSURE, ETC. REMOVAL FROM ANY COMMITTEES AND OR PROHIBITION FROM ATTENDING FUTURE EXECUTIVE SESSIONS. ONE THING I WOULD LIKE TO CLARIFY ON THIS IS WE
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DO HAVE A CHAPTER TEN IN OUR CITY ORDINANCES THAT'S RELATED TO ETHICS VIOLATIONS. THIS THIS TYPE OF VIOLATION WOULD FALL UNDER CHAPTER TEN. AND IF COUNCIL IS IF IT'S COUNCIL'S DESIRE TO MOVE FORWARD WITH SOMETHING LIKE THIS SPECIFICALLY, I SUGGEST THAT WE DO IT THROUGH THE ORDINANCE AMENDMENT AND GO THROUGH THAT PROCESS AND NOT JUST INCLUDING THE POLICY, SINCE IT'S ALREADY SINCE THE ORDINANCE ALREADY ADDRESSES IT AND IT ACTUALLY CARRIES THE WEIGHT OF LAW WITH IT. SO MY RECOMMENDATION ON THIS, IF COUNCIL WANTS TO MOVE FORWARD WITH THIS, THAT WE DO THAT BY LOOKING AT THE CURRENT DISCIPLINE PROCESS THAT'S LISTED UNDER CHAPTER TEN CITY ORDINANCES. COUNCIL. AND I KNOW LAST TIME WE WENT THROUGH THESE, YOU HAD THE NAME OF THE COUNCIL MEMBER WHO SUBMITTED THE SUGGESTIONS THAT HELPED. IF I DON'T KNOW WHO SUBMITTED, OR ANY ONE OF YOU MAY SUBMITTED ONE OF THESE VARIOUS ITEMS, THE ONES WHO DID SUBMIT IT, ARE YOU OKAY WITH MOVING FORWARD THROUGH THAT PROCESS THAT MR. ENGLAND LAID OUT THROUGH ORDINANCE RATHER THAN POLICY? WELL, I'M JUST ASKING FOR SOMEONE TO CHIME IN, OR ELSE WE'LL JUST SEND IT TO ADMINISTRATIVE SERVICES COMMITTEE TO FORMULATE SOME RULES AROUND THAT FOR IF WE WANT TO REVIEW CHANGING OUR ORDINANCE. ANYWAY. NOBODY. COUNCIL MEMBER THOMAS. YES. IN FAVOR OF SOMETHING LIKE THIS. I THINK WE WE HAVE EXECUTIVE SESSIONS FOR A REASON. AND IF WE HAVE COUNCIL MEMBERS TALKING ABOUT THINGS THAT WE TALKED ABOUT IN EXECUTIVE SESSION, YOU KNOW, TO THE PUBLIC, THAT'S NOT A GOOD THING. AND SO I WOULD SUPPORT SOMETHING. BUT YEAH, I THINK WE DO IT IN OR WITH AN ORDINANCE. I THINK THAT'S THE WAY TO GO AND SEND IT THROUGH COMMITTEE AS IS WOULD BE THE PREFERRED METHOD TO MAKE SURE THEY FLESH IT OUT PROPERLY BEFORE WE VOTE. COUNCILMEMBER BASS, THANK YOU. BUT, BRIAN, DIDN'T YOU SAY THIS IS ALREADY ADDRESSED ININ THE ETHS SESSION? ARGUABLY, ITIT'S NOT DECTLY ADDRESSED. IT'S NOT DIRECTLY ADDRESSED. OKAY. RIGHT. OKAY.SINCE IT'S NOT DIRECTLY ADDRESSED, I WOULD NOT BE OPPOSED TO IT BEING SPELLED OUT.
IF IT'S IN, THERE'S NO REASON FOR IT TO BE IN THERE TWICE. BUT IF IT'S IF IT'S NOT DIRECTLY ADDRESSED ELSEWHERE, I WOULD BE PERFECTLY FINE WITH THAT. WITH IT BEING ADDRESSED.
YEAH, OKAY. THANK YOU. THANK YOU SIR. THEN COUNCIL, I'M GOING TO ASK THAT WE SEND THIS ITEM TO ADMINISTRATIVE SERVICES COMMITTEE FOR REVIEW, AND WE WILL TAKE IT THROUGH OUR NORMAL, NORMAL PROCESS THAT WAY. ALL RIGHT. YOU KNOW I CAN. YES, SIR. ARE THERE ANY ITEMS THAT Y'ALL WOULD LIKE ME TO THAT I HAVEN'T ADDRESSED THAT YOU ALL HAVE THOUGHT OF SINCE YOU MAY HAVE SENT ME AN EMAIL THAT I WOULD LIKE TO ADDRESS TONIGHT. THOSE CHANGES. CHEWING GUM YOU SHARE WITH THE CLASS. I WOULD ONE THING JUST ALSO IN EXECUTIVE SESSION, I'D LIKE TO SEE SOMETHING SAYING THAT ANY NOTES TAKEN ARE COLLECTED AND DISPOSED OF, OR ANY HANDOUTS THAT ARE GIVEN OUT DURING THAT PROCESS ARE COLLECTED BACK AND DISPOSED OF IN A PROPER WAY. DO YOU WANT TO ADD THAT TO THE USE OF CELL PHONES IN EXECUTIVE SESSION? CAN GO ON WITH CELL PHONES, SAME NOTES. IT'S THE SAME KIND OF OKAY, YES, I MEAN IT IT'S RELATED. COUNCIL. WE STILL HAVE A FEW WEEKS TO REVIEW AND DECIDE ON ANY OTHERS IF YOU WISH, OR WE CAN CHANGE IT AT ANY TIME. SO. IF YOU COUNCIL MEMBER BASS. YES, SIR. THANK YOU. IT SEEMS LIKE A LOT OF THIS WAS FOCUSED ON EXECUTIVE SESSION. WOULD WE WANT TO MAYBE JUST LOOK AT HAVING A A SESSION FOR EXECUTIVE SESSION RULES? WE CAN CERTAINLY DO THAT. THAT WAY IT'S ALL CONSOLIDATED. EASY TO FOLLOW IF IT'S IN ONE PLACE. THANK YOU. THUMBS UP ON THAT EXECUTIVE SESSION SECTION. THERE WE GO. WE GOT I MIGHT SURPRISE YOU. ALL RIGHT. VERY GOOD COUNCIL. WE KNOW YOU STILL HAVE LIKE I SAID A COUPLE OF WEEKS TO DECIDE AND WE CAN ALWAYS BRING IT UP AN ITEM INDIVIDUALLY ALSO. THANK YOU SIR. NEXT ITEM ON OUR AGENDA IS
[6. Discussion Regarding a Memorial Honoring Roxann Reyes]
DISCUSSION REGARDING A MEMORIAL HONORING ROXANNE REYES. COUNCILMEMBER DUTTON, YOU BROUGHT THIS ITEM TO COUNCIL. I DIDN'T KNOW THAT I WAS SUPPOSED TO BE GIVING A PRESENTATION TO.SO THIS WAS BROUGHT UP AFTER THE WEST GARLAND LIBRARY OPENING. THAT LAND PREVIOUSLY
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HOUSED A VERY. WEST GARLAND WALNUT APARTMENT. THAT WAS LESS THAN TO BE DESIRED. BEFORE THE CITY CONDEMNED THE APARTMENT AND TOOK IT OVER WITH EMINENT DOMAIN. THERE WAS A LITTLE GIRL NAMED ROXANNE REYES THAT WAS KIDNAPED OUTSIDE OF THE APARTMENTS AND MURDERED. AND SO THAT KIND OF STARTED THE WHOLE PROCESS OF THE CITY BEING ABLE TO TAKE OVER THIS PROPERTY, BECAUSE IT WAS A NUISANCE PROPERTY. SO MY REQUEST WAS THAT WE HAVE SOME KIND OF LIKE PLAQUE OR SOMETHING OUTSIDE OF HOLOBAUGH WEST GARLAND LIBRARY JUST TO HONOR HER, BECAUSE IF IT WEREN'T FOR HER, WE WOULDN'T HAVE THAT LAND. SO. COUNCIL DISCUSSION ON THIS ITEM. MAYOR PRO TEM LUCK I SECOND ITEM AND I STILL WOULD LIKE TO SEE SOMETHING IN MEMORIAM FOR ROXANNE. I THINK THAT WOULD BE APPROPRIATE. AND AND BE REALLY SOMETHING GOOD OUT OF ALL OF IT FOR HER FAMILY. THANK YOU. THANK YOU, MA'AM. DEPUTY MAYOR PRO TEM AUGHT I ALSO THINK THIS WOULD BE A VERY APPROPRIATE THING TO DO. PLAQUE AND MEMORIAL, ANYTHING THAT. THANK YOU, SIR. COUNCILMEMBER WILLIAMS, THANK YOU. THANK YOU. TO ADDRESS THIS, THE COUNCIL.LADY DUTTON, CAN YOU TELL US A LITTLE BIT MORE ABOUT THE. THE AFTERMATH OF THE THE NOW FAMILY? THEY ARE WHAT HAPPENED? WELL, NOT NECESSARILY WHAT HAPPENED, BUT THAT THEIR LEGACY AND WHY WE SHOULD WANT TO KEEP THIS BABY'S LEGACY ALIVE AT HOLLYWOOD. SO I DON'T KNOW A LOT ABOUT WHERE THE FAMILY IS AT CURRENTLY. THE WHOLE THOUGHT BEHIND IT IS BECAUSE WE LITERALLY WOULD NOT HAVE THIS LAND TO BUILD, AND THAT NEW LIBRARY HAD THIS HORRIFIC INCIDENT NOT HAVE OCCURRED. TO KIND OF GET THAT, BECAUSE THAT'S WHAT GOT THE BALL ROLLING FOR THE CITY TO TAKE THAT PROPERTY OVER. AND SO THERE WAS I'M SORRY TO CUT YOU OFF. GO AHEAD. DID SHE WAS SHE WAS SHE LIVING AT THAT APARTMENT? YEAH. OKAY. YES. SO SHE LIVED AT THE APARTMENT. SHE WAS THREE YEARS OLD. SHE WAS OUTSIDE PICKING FLOWERS. AND THIS. I'M NOT I WON'T EVEN SAY HIS NAME OUT LOUD. BUT HE ABDUCTED HER, KIDNAPED HER AND MURDERED HER. SHOOT, HER BODY WASN'T FOUND FOR A WEEK IN A FIELD IN WYLIE. AND SO SHE WAS NOT HIS ONLY KIDNAP VICTIM. THERE'S ANOTHER LADY. I'M ACTUALLY FRIENDS WITH HER ON FACEBOOK. THAT WAS. HE ATTEMPTED TO KIDNAP HER FROM THE SAME APARTMENTS. LUCKILY, SHE WAS FORTUNATE TO SURVIVE AND TELL THE STORY TODAY. SO I KNOW THAT FOR A LOT OF THE RESIDENTS THAT WERE THERE DURING THAT TIME, THEY'VE EXPRESSED THAT THEY WOULD REALLY APPRECIATE HAVING SOMETHING TO MEMORIALIZE HER JUST TO KEEP HER NAME ALIVE. SO GREAT. THANK YOU. THANK YOU MAYOR. THANK YOU SIR. COUNCIL MEMBER THOMAS SAID IF IT WEREN'T FOR WE WOULD THIS LAND FOR ALL ABOUT. CAN YOU EXPLAIN ON HELP ME EXPAND ON THAT. FOR SOMEONE WHO'S NEW TO THIS. I WAS WASN'T AWARE OF HER NAME UNTIL I SAW IT ON THE AGENDA.
HOW DOES HER TIE IN TO THE CITY GETTING THIS LAND? SHE LIVED IN THE APARTMENTS THAT WERE THERE, RIGHT. SO WHEN HER KIDNAPING MURDER TOOK PLACE, THEN THAT ALLOWED A SERIES OF EVENTS THAT HAPPENED SO THAT THE CITY WAS ABLE TO DEEM THIS AS A NUISANCE PROPERTY. SO WE WERE ABLE TO TAKE CONTROL AND OWNERSHIP OF THAT PROPERTY BY EMINENT DOMAIN BECAUSE IT WAS A NUISANCE PROPERTY. WE IN TURN CONDEMNED AND BULLDOZED THAT APARTMENT. SO WE HAD THAT EMPTY LAND. AND SO THAT'S HOW WE WERE ABLE TO BUILD THESE TWO NEW BUILDINGS ON THAT PROPERTY. OKAY. THAT MAKES A LOT OF SENSE TO ME. THANK YOU. THANK YOU MAYOR. THANK YOU SIR. COUNCIL MEMBER BASS, THANK YOU. AND JUST TO MAKE SURE THAT THIS IS FOLLOWED THROUGH AND OBSERVED WITH THE PROPER RESPECT. SO EVEN LOOKING AT THE ARTICLES, THEN THE NEWSPAPER ARTICLES, ROXANNE'S NAME IS SPELLED DIFFERENT ON DIFFERENT PAGES. SO I WOULD JUST LIKE TO MAKE SURE WHATEVER WE DO THAT WE CONFIRM THE PROPER SPELLING OF HER NAME WITH THE FAMILY. THAT'S ALL.
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THANK YOU. THANK YOU SIR. COUNCIL, I THINK THERE'S ANOTHER ITEM THAT WOULD BE WORTHY TO SEND TO ADMINISTRATIVE SERVICES COMMITTEE IS THE ONE THAT TYPICALLY HANDLES NAMING AND MEMORIALAND THAT SORT OF THING. SO IF EVERYONE'S IN FAVOR LOOKING FOR CONSENSUS, THEN TO SEND IT TO ADMINISTRATIVE SERVICES COMMITTEE. AND THAT IS UNANIMOUS. ALL RIGHT. THEY'LL LOOK AT EVERYTHING. YES, SIR.[7. Keen Creek Substation Project]
YEAH OKAY. NEXT VERBAL BRIEFING ITEM WE HAVE IS NUMBER SEVEN KEEN CREEK SUBSTATION PROJECT.MAYOR, COUNCIL. MR. HESSER, THIS ITEM RELATES TO THE KEEN CREEK SUBSTATION PROJECT. THE PROJT ITSELF HAS ALREADY BEEN IN FRONT OF YOU IN THE CONTEXT OF THE CIP AND AND AND THE DESIGN OF THE PROJECT. AND IN A VERY HIGH LEVEL SENSE, IS IS UNDERWAY. WHAT YOU HAVEN'T CONSIDERED AND WHAT'S GOING TO BE BEFORE YOU TONIGHT AND TOMORROW IS THAT IN ORDER TO BUILD THE SUBSTATION PROJECT, WHICH IS. IN ESSENCE, RELOCATING FIVE TRANSMISSION LINE TERMINALS AND THE INSTALLATION OF TWO LOAD SERVING TRANSFORMERS, WHICH IS WHY MR. CARTER IS HERE FROM GPL AS THE TRANSMISSION SERVICE MANAGER. BECAUSE IF YOU ASK ME ANY QUESTIONS BEYOND THAT OR WHAT THAT MEANS, I WOULD DEFER TO ERIC. BUT IN ORDER FOR THEM TO DO THIS, THEY NEED TO ACQUIRE PROPERTY. AND SO WE'RE HERE TONIGHT TO DISCUSS THE FACT THAT ON YOUR AGENDA FOR TOMORROW EVENING WILL BE A RESOLUTION REGARDING THE USE OF EMINENT DOMAIN TO ACQUIRE APPROXIMATELY A 9.39 ACRE TRACT THAT'S LOCATED WEST OF SHILOH ROAD AND SOUTH OF WALNUT. THE ADDRESS IS 101 NORTH SHILOH ROAD, AND IT'S JUST NORTH OF THE DART LINE. IT'S AN UNDEVELOPED TRACT, BUT FOR SOME PERIMETER FENCING AND GATES.
AND SO WE'RE HERE THIS EVENING TO DISCUSS THE USE OF EMINENT DOMAIN TO ACIRE THAT PARCEL.
WHAT DOES THAT MEAN? DOESN'T MEAN THAT WE'RE I'M ASKING YOU IMMEDIATELY TO FILE A LAWSUIT WHERE THE PROPERTY HAS BEEN APPRAISED. WE'RE GOING TO MAKE AN INITIAL OFFER TO THE LANDOWNER AND BEGIN NEGOTIATIONS. IF THOSE NEGOTIATIONS FAIL FOR ANY REASON, THOUGH, WE WILL BE ASKING YOU TO AUTHORIZE THE USE OF EMINENT DOMAIN SO THAT THE SUBSTATION CAN BE DESIGNED AND RELOCATED ON THAT FACILITY. AND WE'RE HERE TO AND WE'RE HAPPY TO ANSWER ANY QUESTIONS FOR YOU TONIGHT ABOUT THE USE OF EMINENT DOMAIN OR THE NATURE OF THE PROJECT, SO THAT COUNCIL CAN UNDERSTAND WHY THIS PARCEL HAS BEEN SELECTED, WHICH ESSENTIALLY IS THE ONLY LOCATION FOR THIS PROJECT THAT WILL WORK FOR THE RELOCATION.
AND I'M HAPPY TO ANSWER ANY QUESTIONS ABOUT THE PROCESS THAT IS ASSOCIATED WITH THE USE OF EMINENT DOMAIN. ALL RIGHT, COUNCILMEMBER DUTTON, SO ARE WE. WE'RE ASKING TO BE ABLE TO USE EMINENT DOMAIN BEFORE WE'VE EVEN OFFERED MONEY FOR THE PROPERTY. SO WHAT WE'RE ASKING YOU TO DO IS, IS TO AUTHORIZE THE USE OF EMINT DOMAIN, WHICH INCLUDES THE FIRST STEP OF THAT WILL BE TO APPRAISE THE PROPERTY AND SEND THEM AN OFFER LETTER BASED ON THAT APPRAISAL VALUE. ENTER INTO A NEGOTIATION PROCESS. THE LAW REQUIRES US TO SEND AN INITIAL OFFER, TO ATTEMPT TO NEGOTIATE IN GOOD FAITH, AND TO SEND A FINAL OFFER AT NO LESS THAN THE APPRAISED VALUE, AND ONLY IF AGREEMENT CAN'T BE REACHED WITH THE PROPERTY OWNER WOULD WE THEN FILE AN EMINENT DOMAIN APPLICATION. SO I WOULD LIKE TO SEE US START A NEGOTIATION PROCESS BEFORE COUNCIL EVEN AGREES TO GO INTO EMINENT DOMAIN. I THINK THAT'S KIND OF JUMPING THE GUN A LITTLE, BUT I DO HAVE QUESTIONS ON WHY THIS PARTICULAR PROPERTY I AM. I UNDERSTAND WE NEED A SUBSTATION. I AM NOT A FAN OF IT BEING ON A MAJOR THOROUGHFARE LIKE NOTHING SAYS WELCOME TO GARLAND LIKE A BIG OLD POWER SUBSTATION. IS THERE OTHER PROPERTIES THAT WE
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LOOKED AT? IS THERE WHAT MAKES THIS THE PRIME PROPERTY FOR THE SUBSTATION? BECAUSE I WOULD MUCH RATHER US EMINENT DOMAIN. THE PSYCHIATRIC HOSPITAL THAT IS GARBAGE AND TUCKED BACK THEN TO HAVE THIS ON A MAJOR THOROUGHFARE. SO IS THERE IS THERE ANY RHYME OR REASON TO THIS SPECIFIC LOCATION? YES, THIS. THIS LOCATION AND SIZE. AND THE ASPECT RATIO OF THIS LOT IS IDEAL FOR PLACING NEW FACILITIES HERE TO REPLACE THE OTHER TWO STATIONS AND AND INCREASE THE SIZE AS WELL. SO DID WE LOOK AT OTHER PROPERTIES WE CONSIDER THERE WERE NONE OTHER THAT WAS CLOSE ENOUGH TO THE EXISTING STATIONS TO CONSIDER. OKAY, SO I WOULD LIKE TO REQUEST THAT WE LOOK AT THE PSYCHIATRIC HOSPITAL, THE OLD SUNDANCE. I FORGET WHAT IT'S CALLED NOW. IT USED TO BE SUNDANCE. IT'S. I DON'T KNOW, I COULD GOOGLE IT, BUT. IT'S LITERALLY JUST RIGHT ON THE OTHER SIDE OF THIS. IT IS A NUISANCE PROPERTY. IT IS ABSOLUTE. HALF OF IT IS. IT'S THE OLD HOSPITAL, RIGHT? SO HALF OF IT'S NOT EVEN BEING USED. THERE'S SQUATTERS IN THERE. IT'S IT'S GROSS OVER THERE. I WOULD MUCH RATHER SEE AN EMINENT DOMAIN SITUATION TAKE PLACE THERE THAN RIGHT OFF OF SHILOH. SO THAT WOULD BE MY, MY REQUEST IS IF WE COULD LOOK AT, AT THAT PROPERTY. I JUST DON'T WANT TO SEE A SUBSTATION DRIVE DOWN SHILOH. BUT ALSO, IF WE COULD IF WE COULD GET RID OF A NUISANCE PROPERTY IN AT THE SAME TIME, IT WOULD, IT WOULD BE NICE. SO THANK YOU. THANK YOU, COUNCILMEMBER WILLIAMS. THANK YOU. THAT PROPERTY AS IT'S OUTLINED ON THERE, CAN YOU SPEAK TO THE FOLLOW UP ON.COUNCIL? LADY DUTTON'S COMMENTS? ARE THERE OTHER PROPERTIES IN THAT AREA THAT YOU COULD CONSIDER OR MAYBE FEASIBLE? SO SO LET ME SPEAK TO THE EMINENT DOMAIN PIECE TO IT. AND THEN MR. CARTER CAN SPEAK TO THE, TO THE, TO THE DESIGN AND THE LOCATION BASED ON THEIR EXISTING FACILITIES AND THE DESIRE FOR THIS SPACE AND TECHNICAL STANDPOINT FROM A FROM A STANDPOINT, OBVIOUSLY, YOU TRY TO DO A COUPLE THINGS. ONE IS, IS FROM AN ECONOMIC STANDPOINT, ACQUIRING RAW LAND IS ALWAYS GOING TO BE LESS EXPENSIVE THAN ACQUIRING LAND THAT'S ALREADY BEEN DEVELOPED. AND AND SWE'VE WE'VE FOUND A LOCATION HERE WHERE THE PROPERTY IS VALUED AT IN ITS UNDEVELOPED STATE. AND I WILL TELL YOU THAT BASED ON THE APPRAISED VALUE, EVEN FOR UNDEVELOPEDD PROPERTY OF THIS SIZE IN THIS AREA, YOU'RE THE APPRAISED VALUE IS GOING TO BE APPROXIMATELY $2 MILLION. AND SO AND SO THE ECONOMICS COME INTO PLAY BECAUSE YOU'RE ALWAYS LOOKING FOR UNDEVELOPED RAW LAND WHERE YOU'RE NOT DISPLACING PEOPLE NO MATTER WHAT THE CIRCUMSTANCES MAY BE. AND THEN FROM A TECHNICAL STANDPOINT, RELOCATING THE PROJECT TO A DIFFERENT. AND I'LL LET ERIC TALK ABOUT THIS, BUT TO A DIFFERENT LOCATION ALSO IMPACTS THE DESIGN. IT IMPACTS COSTS AND OTHER THINGS ASSOCIATED. SO THEY'VE IDENTIFIED THIS AS THE AS THE MOST DESIRABLE LOCATION FOR THAT SUBSTATION. BUT ERIC, DO YOU WANT TO EXPAND ON THAT? THAT'S CERTAINLY THE THE REROUTING WOULD BE MINIMAL FOR THE TRANSMISSION LINES AS WELL AS THE DISTRIBUTION LINES ALSO.
AND SO THIS, THIS PROPERTY AND ITS PROXIMITY IS CLOSE TO ALL OF THE LINES AND FEEDERS THAT LEAVE THE OTHER TWO EXISTING STATIONS. AND THE SITE THAT COUNCIL LADY DUTTON HAS REFERENCED. HAVE YOU HAVE YOU CONSIDERED DID YOU LOOK AT THAT PROPERTY? DID YOU TEST THE MARKET? IS THAT PROPERTY FOR SALE? WHAT'S YOUR WHAT HAVE YOU DONE AS RELATES TO HER COMMENTS AND THAT FACILITY? YOU KNOW, WE WE DID LOOK BRIEFLY AT THAT. OBVIOUSLY THERE ARE IMPROVEMENTS ON THAT PROPERTY THAT WOULD NOT NOT SERVE OUR OUR PURPOSE AT ALL. I UNDERSTAND THAT PROPERTY IS ABOUT 30 ACRES, WHICH IS THREE TIMES WHAT THIS IS. AND WE WOULD HAVE NO USE FOR 30 ACRES. SO OKAY. AND IF YOU MENTIONED THAT, THAT BOTH YOU MENTIONED
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THAT EMINENT DOMAIN WOULD FOLLOW THE OFFER LETTER, RIGHT. THE PROCESS REQUIRED BY STATE LAW IS FOR US TO MAKE AN INITIAL OFFER, AND THEN WE HAVE TO BEFORE WE CAN MAKE A FINAL OFFER, WHICH HAS TO BE 30 DAYS AT LEAST. APART FROM THE INITIAL OFFER, WHICH GIVES US AN OPPORTUNITY TO NEGOTIATE AND HAVE DISCUSSIONS WITH THE LANDOWNER, WE MUST APPRAISE THE PROPERTY AND THEN THE FINAL OFFER HAS TO BE AT LEAST AT THE VALUE OF THE THE APPRAISAL. THE INDEPENDENT APPRAISAL YOU RECEIVE. WE WOULD GO THROUGH THOSE PROCESSES HISTORICALLY, WHEN WE COME FORWARD TO YOU ALL. AND IT'S A LITTLE BIT DIFFERENT IN THIS INSTANCE BECAUSE TYPICALLY WE WOULD COME FORWARD WITH A PROJECT THAT SAY A STREET WIDENING PROJECT AND THAT STREET WIDENING PROJECT WOULD HAVE SEVERAL PARCELS ATTACHED TO IT. WE WOULD COME FORWARD TO YOU WITH WITH AN ORDINANCE WHICH REQUIRED WHICH ALLOWS US TO GO THROUGH THE ENTIRETY OF THE PROCESS, INCLUDING EMINENT DOMAIN, AND SO THAT WE'RE NOT BRINGING IT BACK TO YOU PIECEMEAL. IN THIS INSTANCE, IT'S A LITTLE BIT DIFFERENT, BECAUSE THE ENTIRE PROJECT IS EFFECTIVELY ONE PARCEL. SO WE'RE COMING TO YOU AT IN ONE SINGLE SWOOP ON THIS ONE. BUT WE WOULD FOLLOW THE SAME PROCESS. OBVIOUSLY, WE WOULD ATTEMPT TO TO. OUR HOPE IS THAT WE WOULD COME BACK TO COUNCIL WITH A NUMBER THAT THE LANDOWNER AND THE CITY HAVE BEEN ABLE TO AGREE TO, AND PROPOSE THAT NUMBER TO YOU AS A OBVIOUSLY UNDER THE THREAT OF EMINENT DOMAIN. BUT A VOLUNTARY RESOLUTION TO THE ACQUISITION. AND YOU YOU KNOW WHO THE OWNER OF THAT PROPERTY IS, RIGHT? YES. I DON'T NEED I DON'T NEED THE NAME. BUT YOU KNOW WHO WHO THE OWNER IS. WE KNOW WHO THE OWNER IS. RIGHT. AND WALK ME THROUGH RIGHT QUICK. YOU'RE GOING TO SEND THE OWNER AN OFFER LETTER, RIGHT? YES. HOW LONG DOES IT HAVE TO ACCEPT OR REJECT? WELL, TO BE ABSOLUTELY CLEAR, GPL HAS ACQUIRED HAS RETAINED A ACQUISITION SERVICE, A GROUP THAT'S USED TO GOING THROUGH THIS PROCESS. SO THEY WILL SEND THE LETTER ON THE CITY'S BEHALF.WE WILL PROVIDE THEM SO, SO, SO THE LAW DOESN'T SPECIFY HOW LONG THEY HAVE TO TO CONSIDER THE INITIAL OFFER, BUT TYPICALLY YOU'LL GIVE THEM AT LEAST WEEKS, IF NOT 2 OR 3 WEEKS, TO CONSIDER THE INITIAL OFFER AND FOLLOW UP AT THAT POINT, BECAUSE THEY WON'T JUST SEND THE OFFER, THEY'LL FOLLOW UP AND MAKE SURE THEY RECEIVE THE OFFER. IN THIS INSTANCE, WE'RE GOING TO PROVIDE THEM WITH THE APPRAISAL ALONG WITH THE INITIAL OFFER, SO THAT THEY HAVE THAT RIGHT OUT OF THE CHUTE, AND THEN THEY WILL CONTACT AND FOLLOW UP WITH PHONE CALLS. IF IF WE'VE HEARD NOTHING FROM THEM, THEN THE LAW SAYS YOU'VE GOT TO WAIT 30 DAYS AND THEN YOU WILL SEND THEM THE FINAL OFFER. BUT THE HOPE IS NOT THAT THAT DOESN'T HAPPEN.
THE HOPE IS THAT THEY RECEIVE A CALL BACK FROM THE LANDOWNER. THE LANDOWNER WILL OFTENTIMES SAY, I'VE READ THE APPRAISAL, BUT I DON'T THINK YOU'RE CONSIDERING THIS SALE OR THIS ISSUE, WHICH WE CAN THEN CIRCLE BACK WITH OUR APPRAISER AND SAY, LANDOWNER WOULD LIKE YOU TO CONSIDER THIS SALE OR THIS ISSUE, AND THEN THAT WILL HELP US ARRIVE AT AN AGREED UPON PRICE. NOTHING WILL HAPPEN UNTIL AFTER WE'VE SENT THE FINAL OFFER LETTER. THEN THE LANDOWNER HAS ANOTHER 14 DAYS TO CONSIDER THAT BEFORE WE TAKE ANY FURTHER ACTION. OKAY. AND SIR, YOU SAID THAT THE. THE PARTIAL PSYCHIATRIC HOSPITAL IS MORE THAN 30 ACRES, RIGHT? IF I RECALL, I THINK IT'S ABOUT 30 ACRES. YES, SIR. OKAY. AND HOW MANY ACRES IS THAT? 9.393. OKAY.
HAVE YOU HAVE YOU INQUIRED WITH THE HOSPITAL IF THEY WOULD BE INTERESTED IN IN YOU. YOU ARE YOU SELLING? BUYING? 9.9 ACRES? NO, SIR. I DON'T KNOW THAT THERE'S A NINE ACRE AREA IN THAT TRACT THAT'S NOT IMPROVED. OKAY. YOU KNOW, WHEN YOU SAY IMPROVED, TELL ME WHAT YOU'RE TALKING ABOUT. A BUILDING CONSTRUCTED. THERE IS A NEW BUILDING THERE. NO, THAT'S THEY'RE THEY'RE MULTIPLE BUILDINGS THERE. AND SO I DON'T I DON'T BELIEVE WE COULD GET A GET THEM TO SUBDIVIDE ANY AREA THAT DOESN'T HAVE A BUILDING ON IT. OKAY. AND MY LAST QUESTION IS IF, IF YOU IF YOU WERE TO APPROACH THEM, ALONE, WHICH WOULD YOU WOULD IT TAKE TO GET
[00:55:05]
A RESPONSE BEFORE YOU SEND AN OFFER LETTER? INVOKE EMINENT DOMAIN. HOW LONG WOULD THAT PROCESS TAKE TO GET AN ANSWER FOR SURE FROM THAT THAT PROPERTY OWNER? ARE YOU ASKING COUNCILMEMBER WILLIAMS, HOW LONG WOULD IT TAKE TO REACH OUT TO THE ADDRESS TO THE THE HOSPITAL FACILITY THAT THAT COUNCIL MEMBER DUTTON WAS REFERRING TO? AND I DON'T KNOW, I DON'T KNOW WHO THE OWNER OF THAT PROPERTY IS OR WHAT IT WOULD TAKE TO CONTACT THEM.JUST BEING CANDID WITH YOU, THAT'S NOT A PROPERTY THAT THAT I WAS AWARE OF OR HAD CONSIDERED. OKAY. OKAY. GREAT. THANK YOU. WELL I WOULD LAST THING I'D SAY WAS I WOULD AT LEAST AT AT LEAST EXPLORE, EXPLORE THAT OPTION. AND IF AND IF IT FALLS ON DEAF EARS, IT FALLS ON DEAF EARS. BUT AT LEAST I WOULD WANT TO GET A RESPONSE FROM THAT PROPERTY OWNER. AND THEN IF THEY SAY YES, THEN YOU GOT SOME OTHER THINGS YOU GOT TO DO, BUT I AT LEAST WANT TO GET A, A, A A RESPONSE FROM THAT PROPERTY OWNER BEFORE I, I BECAUSE WHAT'S YOUR TIMELINE? LAST QUESTION. WHAT'S YOUR TIMELINE FOR THAT PROJECT? WE WOULD LIKE TO HAVE A STATION THERE IN APPROXIMATELY TWO AND A HALF YEARS. OKAY. AND HAVING TO GO TO TT PSYCHIATRIC HOSPITAL, HOW MUCH HOW MUCH TIME WILL YOU ADD TO THAT PROCESS? WOULD THAT TAKE? WELL, TO BE CANDID, COUNCILMEMBER WILLIAMS, WE'D HAVE TO FIGURE OUT WHAT PORTION OF THAT PROPERTY WOULD BE SUITABLE FROM A FROM A TRANSMISSION AND DISTRIBUTION ASPECT. THEN WE'D HAVE TO GO BACK TO THE APPRAISER AND FIND OUT WHAT WHAT THE APPRAISAL PROCESS WOULD LOOK LIKE ON THAT PROJECT AND HOW WE WOULD SUBDIVIDE THAT. SO I CAN'T GIVE YOU AN ANSWER AT THE MOMENT WHAT THAT WOULD ENTAIL. ALL RIGHT. THANK YOU. THANK YOU MAYOR. THANK YOU SIR.
COUNCIL MEMBER THOMAS SO. I HATE TO PLAY NEW GUY, BUT IT SEEMS TO ME THAT THE CART BEFORE THE HORSE HERE DO WE NORMALLY ASK FOR EMINENT DOMAIN BEFORE WE'VE EVEN TALKED TO THE PROPERTY OWNER? SO IS THAT SO? SO YOU CAN PROCEED. CARROT AND THE STICK APPROACH. SO WE NORMALLY DO IT SO. COUNCIL MEMBER THOMAS LET ME LET ME ANSWER THE QUESTION THIS WAY.
I'VE SEEN IT DONE MY PRIOR LIFE. I REPRESENTED VARIOUS DIFFERENT ENTITIES IN EMINENT DOMAIN PROCEEDINGS. YOU CAN APPROACH IT TWO DIFFERENT WAYS. THE FIRST WAY IS TO IS TO ALLOW STAFF TO TO GO OUT AND TRY TO TALK TO THE PROPERTY OWNER, MAKE AN OFFER AND EVERYTHING, THEN AT THAT POINT HAS TO BE SUBJECT TO COUNCIL APPROVAL. IN THIS INSTANCE, WE'RE TALKING ABOUT A PRETTY CONSIDERABLE AMOUNT OF MONEY. AND SO THE RESOLUTION WHEN YOU LOOK AT THE RESOLUTION, THE RESOLUTION, IT GOES THROUGH THE VARIOUS STEPS. STEP ONE IS TO NEGOTIATE WITH THE WITH THE PROPERTY OWNER TO SEE IF YOU CAN ACQUIRE VOLUNTARILY. AND THEN IF YOU CAN'T, TO MOVE ON THROUGH THE NEXT PHASES OF EMINENT DOMAIN. SO I'VE SEEN IT DONE TWO DIFFERENT WAYS. ONE IS THAT YOU WAIT UNTIL YOU'VE TRIED TO EXHAUST ALL REMEDIES VOLUNTARILY, AND THEN COME BACK TO COUNCIL FOR A RESOLUTION AUTHORIZING THE USE OF THE LAWSUIT. YOU KNOW, THERE'S THERE ARE GOOD THERE'S GOOD AND BAD WITH THAT APPROACH BECAUSE BECAUSE THEN IT COMES TO YOU ALL WHEN WE'VE ALREADY HAD NEGOTIATIONS, WHICH MEANS VERY LIKELY WITHOUT KNOWING THAT STAFF IS OUT THERE TRYING TO NEGOTIATE THESE PROPERTIES UNDER THE USE OF EMINENT DOMAIN, BECAUSE THEY ARE DOING THIS UNDER THE THREAT OF EMINENT DOMAIN. YOU MAY GET CALLS FROM CONSTITUENTS SAYING, HEY, I'VE GOT SOMEBODY TRYING TO BUY MY PROPERTY FOR FOR PUBLIC USE. I DIDN'T KNOW ABOUT IT AND NOR WOULD YOU UNDER THOSE CIRCUMSTANCES, BY DOING IT THIS WAY, YOU'RE THEN AWARE OF WHAT THE NOT ONLY WHAT THE PROJECT IS, BUT THAT WE'RE PROCEEDING TO NEGOTIATE UNDER THE USE OF EMINENT DOMAIN, EVEN THOUGH THE LAWSUIT MAY NEVER COME. AND SO THIS IS A WAY TO TO PROVIDE YOU INFORMATION AND MAKE YOU AWARE THAT WE'RE GOING THROUGH THAT PROCESS, AND ESPECIALLY WITH AMOUNTS THAT ARE SIGNIFICANT LIKE THIS ONE WOULD BE THIS IS NOT AN INSIGNIFICANT PURCHASE. THEN YOU'RE AWARE OF OF OF THE DECISIONS THAT ARE BEING MADE AND HOW WE'RE PROCEEDING. SO IT'S NOT UNCOMMON TO DO IT THIS
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WAY. IT'S ONE OF TWO WAYS TO DO IT. OKAY. YEAH. JUST JUST STRUCK ME AS STRANGE THAT WE WOULD START WITH THIS AND THEN OKAY, THEN WE'RE GOING TO GO NEGOTIATIONS. BUT IF YOU GO INTO NEGOTIATIONS WITH THIS IN YOUR BACK POCKET ALREADY, THAT STRENGTHENS OUR POSITION A LITTLE BIT, WOULD IT NOT? YES. AND CANDIDLY, THE LAW SAYS ULTIMATELY WE'RE GOING TO WE'RE GOING TO NEED TO OBTAIN THIS RESOLUTION BEFORE WE DO THIS. SO IT'S IT'S SOME WOULD SAY IT'S MORE TRANSPARENT TO GET THIS, THAT WE PASS A RESOLUTION THAT SAYS WE'RE GOING TO GO OUT AND NEGOTIATE. WE HAVE THE POWER OF EMINENT DOMAIN. WE'RE GOING TO TRY TO DO THIS VOLUNTARILY. IF WE CAN'T, THEN IT MAY WIND UP THAT WE'RE GOING TO FILE A PETITION TO ACQUIRE THIS INVOLUNTARY. OKAY. ALL RIGHT. THANK YOU. THANK YOU SIR. THANK YOU MAYOR. THANK YOU, COUNCILMEMBER BASS. THANK YOU. THANK YOU. I APPRECIATE YOU BEING HERE. SO A COUPLE QUESTIONS. ONE, WHAT OTHER PROPERTIES DID YOU HAVE YOU GUYS LOOKED AT BEFORE DECIDING ON THIS ONE? HOW MANY HOW MANY MORE? I DON'T NEED TO REALLY SPECIFICS. JUST SOME REALLY.AGAIN, SERIOUSLY, WE DIDN'T LOOK AT ANY OTHERS BECAUSE ALL OF OUR TRANSMISSION LINES ARE IN VERY CLOSE PROXIMITY TO THIS PROPERTY. OKAY. AND THERE'S ALSO ACCESS THERE FOR ALL OF THE DISTRIBUTION LINES AS WELL. OKAY. AND IS THE I'M ASSUMING, BUT I JUST WANT TO I DON'T WANT TO ASSUME ANYTHING. I'M ASSUMING THAT THIS PARTICULAR PROPERTY IS NOT CURRENTLY LISTED FOR SALE. THAT IS CORRECT. OKAY. AND WHAT HOW MUCH HOW MUCH ACREAGE DO YOU REQUIRE? THIS IS A LITTLE OVER NINE. HOW MUCH IS REQUIRED FOR A NEW SUBSTATION? THIS ACTUALLY IS ABOUT IDEAL FOR FOR WHAT WE WHAT WE NEED TO DO THERE. OKAY. AND THEN QUESTION ON ON THE FRONTAGE. IT LOOKS LIKE THERE'S A LITTLE LITTLE STRIP THERE. IS THAT A IS THAT AN EASEMENT OR IS THAT A DIFFERENT PIECE OF PROPERTY. WHAT ARE THE DETAILS ON THAT. THE FRONTAGE I BELIEVE THAT'S A SEPARATE PARCEL. ACCORDING TO DCAD THAT IS OWNED BY DART, OWNED BY DART. OKAY.
BECAUSE TO COUNCIL MEMBER SO, THAT YOU KNOW, THIS THIS IS A MAJOR THOROUGHFARE, AND WE'RE TRYING TO WORK ON THE ESTHETICS OF OUR CITY. AND WE'VE PUT CONTINUING TO PUT, YOU KNOW, TENS OF MILLIONS, HUNDREDS OF MILLIONS OF DOLLARS INTO, YOU KNOW, IMPROVING THE THE ESTHETICS OF OUR CITY. AND SO, YOU KNOW, PUTTING THIS ON A MAJOR THOROUGHFARE THERE KIND OF KIND OF GOES AGAINST THAT. SO. MY QUESTION IS, HAS ANY THOUGHT BEEN GIVEN TO OR IS THOUGHT ARE YOU WILLING TO GIVE THOUGHT TO HAVING THE FRONTAGE PORTION BE FOR RETAIL OR SOME OTHER TYPE OF DEVELOPMENT? THAT'S, THAT'S A, A COMMERCIAL DEVELOPMENT. THAT'S, THAT'S GOING TO LOOK A LITTLE NICER THAN JUST LOOKING THROUGH A FENCE AT A SUBSTATION. I BELIEVE THAT WOULD ENCROACH ENOUGH ON THE SIZE THAT IT WOULD MAKE THIS PROPERTY NOT NOT SUITABLE FOR OUR PURPOSE. OKAY. OKAY. SO YOU DO YOU REALLY DO NEED ALL NINE ACRES.
YEAH. AND THEN. LASTLY, OKAY, SO YOU KNOW, WHEN, WHEN, WHEN ECONOMIC DEVELOPMENT COMES TO US ON PURCHASING A PROPERTY, YOU KNOW, WE DISCUSS NUMBERS WITH THEM AND THEN WE GIVE THEM, YOU KNOW, THEY TELL US WHAT THEY WANT TO OFFER AND THEN WE WILL, YOU KNOW, WE'LL APPROVE A MAXIMUM AMOUNT TO OFFER. AND SO THAT WAY THEY DON'T HAVE TO COME BACK TO US. IT GIVES THEM THE FLEXIBILITY TO NEGOTIATE. SO I'M WONDERING I MEAN I WOULD ASSUME JUST ASSUME THAT THAT WOULD BE THAT WOULD BE A REASONABLE APPROACH TO TAKE ON THIS ONE AS WELL. FOR EXAMPLE, WE YOU KNOW, OF COURSE IT'S RELATED TO A PRICE OF, OF A PROPERTY. IT WOULD BE IN EXECUTIVE SESSION, BUT WE WOULD DISCUSS AN AMOUNT TO APPROVE. AND THEN IF THE NEGOTIATIONS DON'T GO WELL WITH THAT, THEN WE COME BACK AND DISCUSS THE POSSIBILITY OF EMINENT DOMAIN.
WOULD WOULD YOU HAVE OBJECTIONS TO THAT AND IF SO, WHAT ARE THOSE OBJECTIONS? TO THE SO NOT APPROVED, NOT APPROVING THE EMINENT DOMAIN, JUST HAVING A DISCUSSION, APPROVING APPROVING AN AMOUNT TO OFFER. SO SO WE HAVE WE HAVE AN APPRAISAL RIGHT NOW AT ABOUT 2.1 MILLION, WHICH WOULD WHICH WOULD GO OUT IN THE WHAT WOULD BE THE INITIAL OFFER LETTER TO THEM, THE LAW. SO THAT SO THAT EVERYONE UNDERSTANDS THE LAW REQUIRES THAT BEFORE WE FILE A PETITION FOR EMINENT DOMAIN, WE NEED THAT RESOLUTION. SO SO AS I SAID, THERE'S TWO WAYS TO SKIN THIS CAT. ONE IS THAT WE COME BACK AND THAT, THAT, THAT THAT WE AUTHORIZE US TO MAKE AN INITIAL OFFER AND THAT AS WE NEGOTIATE, WE COME BACK IN EXECUTIVE SESSION. BUT AND THEN
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WE WOULD IN EXECUTIVE SESSION, GET GUIDANCE FROM US AS TO WHETHER OR NOT WE WANTED TO OFFER MORE THAN THE APPRAISED VALUE FOR THE PROPERTY. AND SO THEN IF THAT FAILS, THEN WE COULD COME BACK WITH A RESOLUTION THAT SAYS YOU'RE NOW. AUTHORIZING EMINENT DOMAIN. IN EFFECT, THAT'S THE SAME THING THAT THE RESOLUTION IS DOING NOW, BECAUSE WHAT THE RESOLUTION DOES NOW IS TO SAY THAT WE'RE AUTHORIZED TO FOLLOW THE LAW, TO GO OUT AND MAKE AN INITIAL OFFER TO NEGOTIATE WITH THESE FOLKS, TO MAKE A FINAL OFFER. DURING THAT PROCESS, WE WOULD COME BACK IN EXECUTIVE SESSION BECAUSE UNLESS WE HEARD NOTHING FROM THE LANDOWNER, UNLESS THE LANDOWNER JUST WENT DARK ON US, THE LANDOWNER IS GOING TO MAKE A COUNTER, AND WE'RE GOING TO BE BACK IN EXECUTIVE SESSION TO DISCUSS IT. SO WE'RE GOING TO HAVE THOSE DISCUSSIONS. SO AS A PRACTICAL MATTER, I DON'T KNOW THAT IT MATTERS. HISTORICALLY, WHAT YOU ALL HAVE DONE HERE IS TO PASS THAT RESOLUTION UP FRONT, GOING THROUGH THE WHOLE PROCESS AND KNOWING THAT WE END UP AT IF WE NEED TO, EMINENT DOMAIN, BUT ALSO KNOWING THAT THAT COUNCIL EXPECTS STAFF TO DO THEIR BEST TO, NUMBER ONE, NEGOTIATE IN GOOD FAITH. AND NUMBER TWO, COME BACK AND UPDATE COUNCIL IN EXECUTIVE SESSION, ESPECIALLY ON A PROJECT OF THIS SIZE WITH A PARCEL OF THIS SIZE, SO THAT WE CAN HAVE DISCUSSIONS ABOUT WHAT THE WHAT THE APPROPRIATE VALUE IS. OKAY. THANK YOU. I APPRECIATE THAT EXPLANATION. THANK YOU MAYOR. THANK YOU SIR.COUNCIL MEMBER DUTTON, BACK TO YOU. HAVE WE CONSIDERED THE PROPERTY TO THE RIGHT OF WHERE THE FAIAIRDALE SUTATION IS? BECAUSE THIS IS ALL FAIRLY POSITIVE AND ILLEGAL SCRAP YARD TO THE RIGHT OF FAIRDALE. IT WOULD MAKE MORE SENSE TO ME THAT WE WOULD TRY TO EMINENT DOMAIN THIS PROPERTY HERE. THAT'S RIGHT NEXT TO AN ADJACENT TO THE EXISTING SUBSTATIONS. IT KEEPS IT OUT OF A MAJOR THOROUGHFARE AND CLEANS UP THIS JUNKYARD THAT YOU SEE TO THE FAR RIGHT, WHICH IS JUST NORTH OF THE DART RAIL. SO THESE ARE THESE ARE FAR BETTER OPTIONS TO ME THAN SHILOH. I JUST, I, I CAN'T GET BEHIND IT, AS JEFF WAS SAYING. I MEAN, WE JUST APPROVED HOW MUCH MONEY FOR OUR OUR GATEWAY. IMPROVEMENT. SO IT'S LIKE WE'RE WE CAN GATEWAY IT UP ALL DAY LONG. BUT AS SOON AS YOU DRIVE A MILE UP, IT'S GOING TO NO ONE WANTS TO LOOK OVER AND BE LIKE, OH YEAH, LOOK AT, LOOK AT THAT RADIOACTIVITY RIGHT THERE. I MEAN, IT'S NOT LIKE THEY'RE EVEN IF, EVEN IF THERE'S ACTUALLY NOT ANY HEALTH ISSUES, RIGHT? THE AVERAGE PERSON, THAT'S WHAT THEY'RE GOING TO SEE. IT'S IT IS A NECESSARY THING I UNDERSTAND. BUT I DON'T THINK THAT THE AVERAGE PERSON WANTS IT IN THEIR FACE, IF THAT MAKES SENSE. JUST LIKE WE'VE GOT THE COLLEGE SUBSTATION AND THE FAIRDALE SUBSTATION ARE TUCKED BACK IN THIS AREA, I WOULD MUCH, MUCH, MUCH RATHER THAT WE EMINENT DOMAIN, THIS JUNKYARD OVER HERE AND JUST EXPAND WHERE WE'RE ALREADY AT. IS IS THERE ANY REASON WHY WE WOULDN'T FEASIBLY BE ABLE TO DO THAT? SO SO LET ME ADDRESS THAT THIS WAY. COUNCIL MEMBER DUTTON.
SO TO TO BEGIN, THE CITY'S GIVEN THE POWER OF EMINENT DOMAIN TO CREATE. FOR PUBLIC PURPOSE, FOR A NECESSITY AND AND SO IN THIS INSTANCE IT WOULD BE A SUBSTATION. SO WHAT'S SO WHAT IS DRIVING THE BUS HERE? WHAT THE DECISION IS, IS, IS IN ORDER TO PROVIDE TRANSMISSION AND DISTRIBUTION POWER TO OUR CUSTOMERS AND OUR RESIDENTS, WE NEED TO BUILD A SUBSTATION. AND SO FIRST AND FOREMOST, THE QUESTION CAN BE ASKED, OKAY, HOW DO WE DO THAT.
AND AND WE'RE NOT GOING TO WORK WITH LAWYERS. WE'RE GOING TO WORK WITH THE ENGINEERS TO SAY, OKAY, THIS IS WHERE WE WOULD DO THIS, AND THIS IS HOW WE WOULD DO IT. SO THAT'S QUESTION NUMBER ONE. AND THAT'S THAT'S WHERE WE SO SO OBVIOUSLY I UNDERSTAND WHAT YOU'RE SAYING.
BUT WE'RE NOT GOING TO CONDEMN A PROPERTY. WE'RE NOT GOING TO CONDEMN A PROPERTY BECAUSE WE'D LIKE TO REMOVE IT FROM, FROM ITS CURRENT USE. THAT'S NOT WHAT WE'RE DOING. WE'RE DOING IT TO BUILD A SUBSTATION TO IS THERE'S ECONOMICS WITH ALL OF THIS. AND SO AND SO IF YOU CONDEMN AN ONGOING BUSINESS, THE BUSINESS OWNER IS GOING TO SAY, WELL, YOU NEED TO VALUE MY PROPERTY AS AN ONGOING BUSINESS. AND SO THOSE THINGS ARE GOING TO FACTOR INTO THE COST. AND
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SOME OF THEM CAN BE SUBSTANTIAL, WHICH INCREASES THE COST OF THE OF THE PROVISION. AND THAT'S SOMETHING THAT AFFECTS THE COST OF SUBSTATION AND EFFECTIVELY COULD AFFECT OUR RATEPAYERS, OUR TAXPAYERS. SO YOU WANT TO BE MINDFUL THAT WE'RE OBLIGATED TO PAY THE FAIR MARKET VALUE, WHETHER THAT'S BASED ON THE STICKS AND BRICKS, WHETHER IT'S BASED ON THE ONGOING BUSINESS VALUE. THAT'S GOING TO HAVE TO BE DECIDED. SO SO YOU HAVE ISSUES ON THE COST OF THE PROJECT. AND THEN AND THEN THE LAST ISSUE IS ONE THAT'S FAR TOO TECHNICAL FOR ME. BUT BUT WHAT IS THE EFFECT OF THE PROVISION AND DISTRIBUTION OF POWER BASED ON WHERE WE LOCATE THE LINES AND WHAT WE'RE DOING THERE? AND SO ALL THOSE THINGS COME INTO PLAY TO HELP MAKE A DECISION. OKAY. IN THIS INSTANCE, WHAT ARE WE DOING AND WHAT ARE WE DOING? AND I UNDERSTAND NOT EVERYONE WANTS TO WANTS TO LIVE BY SUBSTATION. THIS IS ADJACENT. ALSO, IN ADDITION TO BEING ADJACENT TO SHILOH, IT'S ADJACENT TO THE LINE. AND SO ALMOST WHEREVER YOU PUT A SUBSTATION, PEOPLE ARE GOING TO GO. I WOULD PREFER IT NOT GO HERE, BUT THEY WOULD ALSO SAY, I WANT TO BE ABLE TO TURN ON MY LIGHTS, RIGHT? AND SO ALL THOSE DECISIONS HAVE TO GO IN IT, INTO IT. AND, AND, AND THAT'S WHAT ERIC AND HIS TEAM DO. SO, SO IT'S IT MAY BE EASY FOR ME OR YOU TO LOOK AT AND SAY, WELL, I THINK FROM A DEVELOPMENT STANDPOINT WE MIGHT LIKE IT SOMEWHERE ELSE, BUT THAT'S, THAT'S SOMETIMES THAT CAN'T ALWAYS DRIVE THE BUS, IF THAT MAKES SENSE. SURE. BUT WE JUST SAID THAT WE HAVEN'T LOOKED AT ANY OTHER PROPERTY.SO WHAT I'M ASKING IS THAT WE DO TAKE THAT INITIATIVE TO LOOK AT OTHER PROPERTY, BECAUSE TO ME, COMMON SENSE WOULD SAY, OH, WELL, WE HAVE A SUBSTATION RIGHT HERE. YOU'RE GOING TO MOVE LINES TEN FEET OVER, RIGHT? BUT AGAIN, I AM NOT I DON'T WORK FOR GPL. THAT'S NOT IN MY WHEELHOUSE. SO I DEPEND ON YOU GUYS TO DO THAT. BUT WHEN WE'RE SAYING THAT WE DIDN'T LOOK AT ANY OTHER PROPERTY, THAT'S WHERE I'VE GOT ISSUE. SO AND I UNDERSTAND THE VALUE OF AN EXISTING BUSINESS, BUT I ALSO UNDERSTAND THAT THE OWNER OF THIS, WHERE THE PROPOSED LOT IS, OWNS ANOTHER BUSINESS RIGHT ACROSS THE RAILROAD TRACKS AND IS ALREADY PAID A AN ENGINEER TO EXPAND HIS BUSINESS MODEL. RIGHT. SO EITHER WAY, WE'RE MESSING WITH SOMEONE'S BUSINESS.
SO. I THAT ARGUMENT IS, IS KIND OF TO ME. BUT I WOULD JUST LIKE TO ASK THAT WE LOOK AT OTHER PROPERTIES AND IF IT'S NOT FEASIBLE IT'S NOT FEASIBLE. BUT COME BACK AND TELL ME WHY. YES, PLEASE. JUST FOR CLARIFICATION, YOU GO GRAB A MIC, SIR. THANK YOU. CAROL KLEIN GARLAND. POWER AND LIGHT. YOU HAVE THREE MINUTES, SO. OH PLEASE DON'T. I DON'T KNOW IF I'VE EVER DONE ANYTHING THREE MINUTES UP HERE. JUST FOR CLARIFICATION. SO WHEN WE SAY WE DON'T LOOK AT OTHER, OTHER PIECES OF PROPERTY WHEN WE'RE LOOKING AT SUBSTATION, I CAN'T RECALL US EVER LOOKING AT A PIECE OF PROPERTY THAT ALREADY HAD DEVELOPMENT ON IT. ANY TYPE OF IMPROVED PROPERTY, IT IS, IT IS ALMOST ALWAYS. AND AGAIN, I CAN'T THINK OF A SITUATION WHERE WE'VE HAD WHERE IT'S NOT BEEN VACANT PROPERTY. THAT'S THE FIRST PLACE YOU LOOK BECAUSE IT GETS INTO THE ECONOMIC SIDE OF THINGS. SO WHEN WE SAY WE DIDN'T LOOK AT OTHER PIECES OF PROPERTY, THAT'S WHAT WE'RE TALKING ABOUT AS FAR AS VACANT LAND, BECAUSE WE'RE LOOKING AT ROUGHLY TEN ACRES IS WHAT WE NEED BECAUSE WE THE COLLEGE TO FAIRDALE SUBSTATIONS AREN'T CAPABLE OF HANDLING THE THE IMPROVEMENTS THAT WE NEEDED, THE EXPANSION THAT WE NEED. SO WE NEED MORE LAND, BASICALLY. AND SO WHEN WE SAY WE HAVEN'T LOOKED AT OTHER PIECES OF PROPERTY, IT'S JUST THAT IN THAT AREA FROM A FROM A LOCATION OF EXISTING FACILITIES, THERE'S NOT A READILY AVAILABLE 9 TO 10 ACRE VACANT TRACK OF LAND. AND SO THAT'S REALLY WHAT THE ISSUE IS. SO WHEN WE SAY WE HAVEN'T LOOKED AT OTHER PIECES OF PROPERTY, THAT'S WHAT WE'RE REFERRING TO. NOT GOING AND LOOKING AT DEVELOPED PIECES OF PROPERTY AS AN OPTION. SO I HOPE FOR JUST FOR CLARIFICATION, I APPRECIATE THAT. AND THAT'S TOTALLY FAIR. AND I UNDERSTAND THAT THERE IS A DIFFERENCE PRICE WISE, FROM A VACANT LAND TO SOME ILLEGAL SCRAP YARD. HOWEVER, I, I ALSO THINK THAT WE'RE, WE'RE INVESTING SO MUCH MONEY INTO IMPROVEMENTS ESTHETICALLY INTO THE CITY THAT IT WOULD BE WORTH IT TO ME IF WE NEEDED TO SPEND A LITTLE BIT MORE SO THAT WE'RE NOT UNDOING THE OTHER THINGS THAT WE'RE WORKING ON. I FEEL LIKE IT WOULD BE BENEFICIAL. SO I, I
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STILL WOULD LIKE US TO LOOK AT THAT. JUNKYARD OVER THERE AND SEE IF IT'S A FEASIBLE OPTION.THANK YOU. MAYOR PRO TEM LUCK. HAVE YOU EVER SEEN THE ELECTRICAL CONVERTER SUBSTATION IN TUSCANY, ITALY? I'M HAPPY TO GO. IF YOU IF YOU NEED SOMEONE TO INSPECT, WE'RE TAKING A TRIP.
WHEN? YES. WELL, YOU CAN LOOK AT IT ONLINE. IT WON AWARDS OF FOR ARCHITECTURAL DESIGN AND ESTHETICS IN ORDER TO COVER UP A SUBSTATION TO WHERE IT WASN'T A SUBSTATION LIKE. LOOK, THEY USED ARCHITECTURAL ELEMENTS, LIGHTING, LANDSCAPING TO MAKE IT PRETTY. AND WHATEVER HAPPENS HERE, I THINK THAT SHOULD REALLY BE THE FOCUS OF OF FUTURE BUILDS, ESPECIALLY ALONG A A MAJOR THOROUGHFARE. SHILOH IS A MAJOR THOROUGHFARE. WE ALL DRIVE DOWN IT ALL THE TIME, AND THERE ARE SO MANY THINGS THAT YOU CAN DO TO MAKE IT LOOK BETTER TO WHERE PEOPLE AREN'T SAYING, OH, WELL, WHY ON EARTH WOULD YOU DO THAT? THEY'RE THEY'RE UGLY. SO I WOULD I WOULD LIKE FOR YOU TO LOOK THAT UP. I CAN SEND YOU THE LINK. AND I THINK THAT THAT WOULD GO A LONG WAY. LIKE I SAID, HOWEVER, THIS ENDS UP, IT WOULD IT WOULD IMPROVE THE ESTHETICS.
AND I THINK THAT'S REALLY KIND OF THE MAIN POINT OF THIS NOT BEING WHERE IT'S CURRENTLY LOCATED OR THE SCHOOL OF THOUGHT. THANK YOU. THANK YOU, MA'AM. COUNCILMEMBER MOORE, THANK YOU, MR. MAYOR. GENTLEMEN. Y'ALL HAVING A ROUGH TIME, AREN'T YOU? I DON'T THINK THAT YOU ARE. I THINK THAT THE QUESTIONS THAT ARE BEING ASKED ARE QUITE APPROPRIATE. WE PROBABLY HAVE ALREADY GONE PAST WHAT I'M GONNA TRY TO BRING OUT, BUT I THINK IT'S VERY IMPORTANT WHEN YOU BEGIN THE DISCUSSION TALKING ABOUT EMINENT DOMAIN. EMINENT DOMAIN, JUST THAT WORD ITSELF. IT CARRIES SUCH A NEGATIVE CONNOTATION. AND I THINK THAT YOU MAY WANT TO SPEAK TO THAT. THE NAME EMINENT DOMAIN IS REALLY THE PROCESS BY WHICH WE'RE GOING TO ACQUIRE THE LAND. AND IT'S NOT SEPARATE THAT WE'RE NOT MAKING AN OFFER FIRST, AND THEN WE GO TO THE EMINENT DOMAIN, EMINENT DOMAIN UNDER THAT UMBRELLA ENTAILS APPRAISING THE PROPERTY, MAKING SURE THAT THE PROPERTY WE'RE GOING TO GIVE THEM A GOOD OFFER, MAKING SURE THAT WE NEGOTIATE, WE COMPROMISE WITH THEM BEFORE WE EMINENT DOMAIN. AT THE VERY END OF THIS PROCESS. IS THAT OR IS THAT NOT CORRECT? WELL, EMINENT DOMAIN, LET ME SAY THIS. YES, YOU'RE CORRECT IN THE SENSE THAT IN THE SENSE THAT THE LAW CONTEMPLATES ALL OF THESE VOLUNTARY PROCESSES.
PROCEED. THE FINAL PROCESS, WHICH IS FILING THE LAWSUIT, IF IF YOU HAVE A NEED TO FILE THE LAWSUIT, IF THERE'S A NECESSARY PUBLIC IMPROVEMENT THAT NEEDS TO BE MADE FOR THE GOOD OF THE OF THE PUBLIC, THEN THEN THAT THERE'S THAT FINAL PROCESS, BUT ALL OF IT IS CONSIDERED UNDER THE PROPERTY CODE AND THE GOVERNMENT CODE AS EMINENT DOMAIN. WE HAVE WE LITERALLY SITTING HERE RIGHT NOW HAVE THE POWER OF EMINENT DOMAIN, EVEN IF WE DON'T EXERCISE IT AT ALL.
SO SO IT IS ALL PART OF THE SAME PROCESS. YES, I THINK THAT THAT IS VERY IMPORTANT BECAUSE IF YOU JUST START TALKING IN EMINENT DOMAIN AS THE END OF WHAT WE'RE DOING, THEN THEY DIDN'T GET ANY DUE PROCESS, SO TO SPEAK, BUT IN FACT, UPFRONT, IN MOST INSTANCES, THEY'RE GOING TO GET A FAIR MARKET VALUE FOR THE PROPERTY. AND IF THEY NEGOTIATE AND SHOW THAT THAT VALUE SHOULD BE INCREASED, THEN WE'LL EVEN GO HIGHER THAN THAT AT EVERY OUNCE, AT EVERY INCH OF THIS PROCESS, YOU'RE GOING TO BE COMING BACK TO COUNCIL, GIVING US YOUR PROGRESS AS IT RELATESES TO WHAT'S TAKING PLACE WITH IT. AND WE ALONG THE WAY WILL BE GIVING YOU DIRECTIONS ON HOW TO GO ABOUT FINALIZING. IS THAT OR IS THAT NOT TRUE? THAT'S TRUE.
AND AND THE LAW REQUIRES AND THAT'S AND AND THE CITY HAS TAKEN THE, THE STEP THAT IT'S NOT REQUIRED TO DO. YOU CAN MAKE AN ININITIAL OFF WITHOUT APPRAISING THE PROPERTY. YOU CAN MAKE AN INITIAL OFFER BASED ON WHAT DCAD VALUE IS, WHICH IN THIS INSTANCE WOULD BE 900,000, HALF THE VALUE OF WHAT THE APPRAISER SAID. BUT, BUT, BUT GPL HAS TAKEN AND THE CITY HAS TAKEN THE POSITION THAT WE'RE GOING TO APPRAISE THE PROPERTY BEFORE WE MAKE THE INITIAL OFFER, SO THAT WE'RE GOING TO OFFER THEM OUT THE DOOR. MARKET VALUE ACCORDING TO AN INDEPENDENT APPRAISAL. OKAY. I THINK IT'S VERY IMPORTANT THAT WE START THERE BECAUSE IT'S VERY DIFFICULT TO EVEN HAVE THE REST OF THIS CONVERSATION. IF IN FACT, WE BEGIN AT THE
[01:20:04]
PROCESS OF WE'RE GETTING READY TO TAKE SOMEBODY'S PROPERTY, AND THAT IS NOT THE AIM, I DON'T BELIEVE OF THIS COUNCIL, OF THIS, OF THIS MAYOR. THAT'S JUST NOT OUR AIM. WE DO WANT THE PROPERTY OWNER TO BE COMPENSATED. IT'S THEIR PROPERTY. WE'RE TALKING ABOUT TAKING AWAY SOME OF THEIR LIVELIHOOD OR WHATEVER THE CASE MAY BE, BUT IT'S NOT NECESSARILY A TAKE AWAY. IT TRULY IS SOMETHING THAT THE CITY NEEDS IN ORDER FOR US TO PROGRESS, IN ORDER FOR US TO MOVE FORWARD. AND SO I THINK IT'S VERY IMPORTANT THAT WE ALL UNDERSTAND. FIRST OF ALL, EMINENT DOMAIN IS A PROCESS BY WHICH WE'RE GOINGNG TO FOLL, AND WE'RE GOING TO DO THAT IN AN EQUITABLE MANNER THAT HE'S GOING TO BE COMPENSATED OR THEY'RE GOING TO BE COMPENSATED FOR THEIR PROPERTIES. NOW, THE OTHER THING ABOUT WHERE WE'RE GOING TO PUT IT AND SO ON AND SO FORTH, I HAVE TO YIELD TO THE, THE THE COUNCILWOMAN FROM THAT DISTRICT AS IT RELATES TO WHERE SHE FEELS IT SHOULD GO. BUT I DO BELIEVE THAT BASED ON ALL THAT YOU'VE SAID SO FAR, THIS IS A NECESSITY. IT'S SOMETHING THAT WE TRULY DO NEED TO DO, AND WE DO NEED TO MAKE A DECISION ON HOW WE GO FORWARD. THANK YOU, MR. MAYOR. THANK YOU, SIR. COUNCIL MEMBER THOMAS. SECOND TIME. SO I, I CERTAINLY AGREE WITH THE COUNCIL MEMBER, DUTTON, THAT HAVING THIS RIGHT ON SHILOH KIND OF DEFEATS THE PURPOSE OF SOME OF THE BOND MONEY THAT WE PUT TOGETHER FOR IMPROVEMENTS TO GATEWAYS AND CORRIDORS. THIS DOES NOT IMPROVE THE LOOK OF SHILOH. AND SO I BUT THEN I'M LOOKING TO THE PROPERTY TO THE WEST OF FAIRDALE THERE AND LOOKED AT ON THE DCAD MAP THAT IS 16.1 ACRES. IT IS AT. ODDLY ENOUGH, THE ADDRESS IS LISTED AS 140 NORTH SHILOH ROAD, EVEN THOUGH IT'S QUITE A WAYS FROM SHILOH ROAD.THAT LOOKS LIKE A BIG OLD JUNKYARD TO ME. AND SO WAS THAT PROPERTY CONSIDERED AT ALL? I MEAN, 16 ACRES IS A LITTLE MORE THAN WE NEED, BUT THE DCAD VALUE SAYS $355,000. THE IMPROVEMENTS VALUE IS $50,000. SO SOMEONE'S THROWING UP A SHED UP THERE. IT DOESN'T SEEM LIKE MUCH OF AN IMPROVEMENT TO THIS PIECE OF LAND THAT SIZE. IS THAT LAND RIGHT NEXT TO FAIRDALE NOT UNDER CONSIDERATION AT ALL? AGAIN, I'D GO BACK TO IF IT'S GOT IMPROVEMENTS ON IT. WE DID NOT LOOK AT THAT PARTICULAR PROJECT. WE'RE LOOKING AT A VACANT VACANT PIECE OF PROPERTY, A GREENFIELD, AS FAR AS A DEVELOPMENT. YEAH, BUT I MEAN, JUST LOOKING AT YOUR PICTURE UP THERE, I SEE ONE BIG WHITE ROOF AND THE REST OF IT'S JUST A BUNCH OF JUNK CARS AND STUFF LAYING AROUND. DOESN'T SEEM LIKE WE WOULD BE IMPROVING IT THAT MUCH IF THE IMPROVED VALUE ON DCAD IS ONLY 50,000. DOESN'T SEEM LIKE. I MEAN, I GET IT IF THERE'S A BIG COMP APARTMENT COMPLEX OR SOMETHING ELSE, BUT THAT LOOKS LIKE A TIN METAL BARN WITH NO INSIDE WALLS TO ME. COUNCIL MEMBER THOMAS, CAN I BRIEFLY JUST BRING UP A LEGAL RISK WITH A SALVAGE YARD IN ACQUIRING PROPERTY? IT'S A SALVAGE YARD. WE DON'T KNOW WHAT'S IN THAT SALVAGE YARD. WE CAN SEE IT FROM GOOGLE MAPS THAT IT'S A LOT OF STUFF AND STUFF THAT'S A LOT BIGGER THAN MOTOR VEHICLES. BUT I'M SURE THERE'S SOME MOTOR VEHICLES IN THERE AND WELL, AND THERE'S NO TELLING WHAT'S UNDERNEATH THAT STUFF. AND IN THE GROUND. IT'S FROM A LEGAL PERSPECTIVE, A RISK PERSPECTIVE. WE DON'T WANT TO BUY US A SUPERFUND SITE, AND WE DON'T KNOW WHAT'S IN THE GROUND. AND HAVING ACCESS IN THE IN THE CONTEXT OF EMINENT DOMAIN TO MAKE SURE WE'RE NOT TAKING SOMEBODY'S PROPERTY. THAT'S ACTUALLY A HAZARD.
THAT'S NOT SOMETHING THAT'S NOT A LIABILITY. THE CITY WANTS TO PLACE ON ITSELF. SO SALVAGE YARDS, IT'S CERTAINLY SOMETHING WE CAN LOOK AT, BUT IT'S SOMETHING THAT WE SHOULD BE EXTREMELY CAREFUL ABOUT. AND TAKING A SALVAGE YARD THROUGH EMINENT DOMAIN WHEN WE D DON'T KNOW EXACTLY WHAT'S IN THAT. AND QUITE FRANKLY, I THINK THIS HAS BEEN HERE. WELL, IT'S BEEN HERE AS LONG AS I CAN REMEMBER. AND I'VE BEEN IN GARLAND QUITE, A QUITE A FEW YEARS. SO THAT'S JUST MY ONE THOUGHT ON IT FROM A RISK PERSPECTIVE, WHEN YOU'RE TALKING ABOUT A SALVAGE YARD.
AND IF WE WERE BUILDING MULTI-FAMILY ON IT, I COULD CERTAINLY AGREE WITH THAT. BUT I DON'T THINK THE SUBSTATION MACHINERY ISIS GOING TO CARE WHAT'S UNDER THE GROUND. WELL, THTHEY MAY NOT, BUT THE TC AND THE FEDERAL GOVERNMENT MAY, AND THEY'RE ALWAYS LOOKING FOR DEEP POCKETS TO CLEAN UP PROPERTY, WHETHER IT'S UNDERNEATH THE SINGLE FAMILY RESIDENCE, MULTI-FAMILY RESIDENCE OR AN INDUSTRIAL PARK. THAT'S THE LIABILITY I'M TALKING ABOUT.
I'M NOT TALKING ABOUT THE HEALTH LIABILITY OF PEOPLE LIVING ON THE GROUND, OKAY? AND THERE'S AND THERE'S NO WAY FOR US TO ASSESS THAT IN ADVANCE OF OPENING NEGOTIATIONS OR DOING ANYTHING ELSE. THAT WOULD BE SOMETHING WE WOULD ONLY GET TO DO AFTER WE'D ACQUIRED THE PROPERTY. IS THAT RIGHT? YES. THAT'S CORRECT. OKAY. VERY GOOD. I THAT MAKES THAT MAKES SENSE TO ME. I JUST WANTED TO LOOK AT IT AND SAID, WELL, THAT'S A BIGGER AND IT'S RIGHT NEXT TO THE ONE WE'VE GOT. SO ANYWAY. OKAY. THANK YOU. THANK YOU BRIAN. THANK YOU MAYOR. THANK YOU SIR. COUNCIL, I'D LIKE TO SHARE MY OPINION ON THIS. AS SOMEONE WHO'S LOOKED AT THIS
[01:25:02]
SITE FOR DEVELOPMENT, FOR ENGINEERING DEVELOPMENT, HAD CONVERSATIONS WITH THE CITY ON IT, AS WELL AS DESIGNED SEVERAL SUBSTATIONS FOR ONCOR. YOU CAN'T JUST TAKE A STRANGELY SHAPED SITE AND PUT A SUBSTATION ON IT, BECAUSE THOSE THINGS ARE QUITE MASSIVE AND THEY REQUI SPACE AROUND IT. SO YOU CAN'T TAKE A FUNNY SHAPED SITE LIKE THE THE ONE TO THE EAST OF THE CURRENT SITE. YOU'RE NOT TAKING IN FLOODPLAIN CONSIDERATIONS THAT ARE OVER THERE AS WELL. AND ANY GRADING, ANY TOPOGRAPHY, ANYTHING LIKE THAT. THIS SITE THAT WE'RE LOOKING AT IN QUESTION, IT'S ABOUT A $2 MILLION VALUATION. THE HOSPITAL SITE FOR $ MILLION. THERE'S NO WAY I WANT TO SPEND AN EXTRA $7 MILLION AND CALL MYSELF A GOOD STEWARD OF THE TAXPAYER MONEY TO BUY THAT PROPERTY. THE SITE IS ALREADY ZONED INDUSTRIAL. IT IS THE BOTTOM OF A DIP IN A ROAD YOU COULDN'T. YOU WON'T. RETAIL DOESN'T WANT TO GO THERE BECAUSE YOU CAN'T ACCESS IT. GOING NORTHBOUND ON SHILOH ROAD, THE CITY WON'T ALLOW YOU TO HAVE A LEFT TURN LANE INTO THE SITE THERE. THERE'S TRANSMISSION LINES THAT ARE ALREADY RUNNING NORTH SOUTH ON SHILOH ROAD AND RUNS ON THE NORTH SIDE OF KING CREEK, KING CREEK EAST WEST. SO THIS IS AT THE JUNCTION OF TWO TRANSMISSION LINES. IT'S A PERFECT LOCATION FOR A FOR SUBSTATION THERE. I THINK IT'T'S E PERFECT LOCATION, ESPECIALLY THIS UNDEVELOPED. AND I WOULD LIKE TO SEE MOVE FORWARD WITH THE PROCESS TO ACQUIRE THIS PROPERTY. I THINK IT'S THE BEST OPTION. AND I AGREE THAT YOU DON'T NECESSARILY LOOK AT THE OTHER OPTIONS WHEN YOU'RE GOING TO SPEND SO MUCH MORE MONEY TO.AND YOU MENTIONED ONGOING BUSINESS CONCERNS AND HAVE TO EVALUATE AND MAKE THAT VALUATION CALCULATION INTO IT AS WELL. SO I WANT TO SEE YOU MOVE FORWARD WITH THIS. I THINK IS THE BEST OPTION FOR OUR RATEPAYERS AND FOR GPL AT THE SAME TIME. COUNCIL, I DON'T HAVE ANYONE ELSE IN THE QUEUE, SO I'M GOING TO ASK FOR A CONSENSUS TO MOVE FORWARD WITH THE EMINENT DOMAIN PROCESS AS SPOKEN AS LAID OUT ALREADY. WE HAVE A MAJORITY. THANK YOU SIR.
[ ANNOUNCE FUTURE AGENDA ITEMS]
ALL RIGHT COUNCIL, NEXT ITEM IS ANNOUNCE A FUTURE AGENDA ITEMS. DOES ANYBODY HAVE ANY FUTURE AGENDA ITEMS? COUNCIL MEMBER MOORE, TURN ONE INTO YOU. I BELIEVE IT HAS TO DO WITH AN AUDIT OF THE CITY MANAGER'S OFFICE. RECEIVED. WE WILL SEND THAT ONE. I BELIEVE IT WAS ADMINISTRATIVE SERVICES. IS THAT THE COMMITTEE? DIT COMMITTEE? AUDIT COMMITTEE? YES, SIR. ALL RIGHT. WE RECEIVED IT. THANK YOU VERY MUCH. WE'LL GET THAT ONEN ON THEIR AGENDA.ANY OTHER ITEMS? ALL RIGHT. THEN THE CITY COUNCIL WILL ADJOURN INTO EXECUTIVE SESSION
[ EXECUTIVE SESSION]
PURSUANT TO SECTIONS FIVE, 51.071 AND 551.074 OF THE TEXAS GOVERNMENT CODE TO DELIBERATE AND DISCUSS THE FOLLOWING PERSONNEL MATTERS RELATED TO THE PERFORMANCE, APPOINTMENT, EMPLOYMENT, EVALUATION OR DUTIES OF THE MUNICIPAL JUDGES AND THE OFFICE OF THE CITY MANAGER. 551.074 AND ATTORNEY CLIENT MATTERS RELATED TO THE SAME 551.071. THEN, AT 728, WE ARE ADJOURNED INTO EXECUTIVE SESSION. GOOD NIGHT GARLAND.* This transcript was compiled from uncorrected Closed Captioning.