[ CITY OF BAYTOWN NOTICE OF MEETING CITY COUNCIL WORK SESSION THURSDAY, SEPTEMBER 26, 2024 5:30 P.M. COUNCIL CHAMBER, CITY HALL 2401 MARKET STREET, BAYTOWN, TEXAS 77520 AGENDA CALL TO ORDER AND ANNOUNCEMENT OF QUORUM ]
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GOOD EVENING.UM, WE'RE HERE AT THE CITY COUNCIL WORK SESSION, UH, THURSDAY, SEPTEMBER 26TH AT FIVE 30 IN THE COUNCIL CHAMBERS HERE ON MARKET STREET.
I WANTED TO CALL TO ORDER OUR MEETING.
UM, IT LOOKS LIKE WE DO HAVE A QUORUM.
IT IS 5:34 PM WE'RE GONNA START OFF
[1. CITIZEN COMMENTS Notice is hereby given that in accordance with the Texas Open Meetings Act, Texas Government Code, Chapter 551, prohibits the City Council from discussing, deliberating, or considering, subjects for which public notice has not been given on the agenda. Issues that cannot be referred to the administration for action may be placed on the agenda of a future City Council Session.]
OUR MEETING WITH CITIZEN COMMENTS.BEFORE WE GET STARTED ON CITIZEN COMMENTS, I'M GONNA READ THE SCRIPT.
UM, I GUESS I'LL GET TO THAT MINUTE.
THE PURPOSE OF THE CITIZENS' COMMENT IS TO GIVE ALL INTERESTED CITIZENS THE RIGHT TO EXPRESS THEIR VIEWS.
EVERYONE DESIRING TO SPEAK SHOULD HAVE EITHER SIGNED THE APPROPRIATE LIST IN THE FOYER OR EMAILED THE CITY CLERK PRIOR TO THE POSTED TIME OF THE MEETING.
EACH CITIZEN SHALL GIVE HIS OR HER NAME AND ADDRESS IN ORDER TO PROVIDE A PROPER RECORD OF THESE COMMENTS.
THE RULES ALLOW EACH PERSON ONE MINUTE TO SPEAK.
A CITIZEN MAY PASS HIS OR HER TIME TO ANOTHER PERSON WHO HAS REQUESTED TO ADDRESS COUNSEL.
HOWEVER, NO CITIZEN'S REMARKS SHALL EXCEED THREE MINUTES IN TOTAL.
EITHER THE ONE MINUTE OR THE THREE MINUTE LIMIT MAY BE EXTENDED BY A MAJORITY VOTE OF COUNSEL.
I ENCOURAGE EVERYONE TO BE AS BRIEF AND TO THE POINT AS POSSIBLE.
AND PLEASE KEEP IN MIND, COUNSEL CANNOT DISCUSS OR DELIBERATE ON ITEMS FOR WHICH PUBLIC NOTICE HAS NOT BEEN GIVEN ON THIS AGENDA.
UM, IT LOOKS LIKE THE FIRST PERSON THAT WE HAVE TO SPEAK IS MR. HARVEY PONDER.
DO YOU WANT ME TO GO THROUGH THE WHOLE YES.
NAME IS HARVEY PONDER LIVES 64 0 3 CROSBY, CEDAR BIO ROAD.
UM, JUST GLAD TO TO BE BACK IN FRONT OF Y'ALL AGAIN.
UM, SINCE WE WERE ANNEXED IN 2017, MY TAXES HAVE INCREASED DRAMATICALLY AT A PREVIOUS COUNCIL MEETING WAS TOLD OF THE BENEFITS OF BEING INSIDE THE CITY, OF BEING PERMITS AND VOTING AND INSPECTIONS AND THE LIBRARY AND STUFF LIKE THAT.
WELL, UH, PERMIT AND CODE INSPECTIONS.
I HAVE TO PAY FOR THOSE ANYWAY, SO THAT'S NOT REALLY A BENEFIT.
WHEN I HAD SOME ELECTRICITY STUFF DONE, I HAD TO PAY FOR IT HAD TO PAY FOR THE INSPECTOR TO COME OUT SO I GET TO VOTE.
YOU GET TO VOTE IF YOU LIVE IN TOWN, AND I GET TO COME IN HERE AND SEE YOU ALL EVERY NOW AND THEN.
THE CITY IS IN DIRE FINANCIAL STRAITS.
I THINK WE CAN ALL AGREE TO THAT.
THE BEST WAY TO SAVE MONEY IS NOT SPEND MONEY.
NEXT UP IS MR. JAMES KAMINSKI.
JAMES KAMINSKI, 6 23 LAUREN LANE.
BACK WHEN WE WERE ANNEXED IN 2017 AT ONE OF THE MEETINGS, BUT PRIOR, THE PREVIOUS MAYOR SAID, YOU KNOW, THIS IS NOT A GOOD INVESTMENT FOR THE CITY.
IT WOULD TAKE MANY YEARS TO GET RECOUP THE MONEY JUST FROM TAXES TO WHAT THE WORK THEY'RE GONNA DO.
TO DE THIS ANNEX US WOULD NOT CREATE A, A BUNCH OF OTHER PEOPLE WANTING TO BE DIS ANNEXED BECAUSE MY GROUP THAT I'M IN THAT PORTION, NOTHING WAS EVER DONE.
OTHER PORTIONS THAT WERE ANNEXED IN THE PAST AND PRESENT AND FUTURE AFTER I WAS ANNEXED, THEY DO HAVE WATER LINES PUT IN.
THEY HAVE HAD SEWER LINES PUT IN.
IT TOOK THREE MONTHS FOR Y'ALL TO, FOR THE CITY TO TURN AROUND AND GIVE ME A TAX BILL AND RUSH THAT THROUGH BEF BEATING THE DEADLINE TO WHERE WE COULD VOTE.
I DON'T UNDERSTAND WHY, WHAT THE HOLDUP IS TO LET US GO.
JUST LET ME GO AND I DON'T HAVE TO PAY ANYMORE.
UM, I HAVE A QUESTION ON THE NEXT ONE.
THERE'S TWO NAMES AND THERE'S ARROWS DRAWN TO THEM.
IS MR. JAMES MIX LENDING HIS TIME TO LINDA OR YES MA'AM, I AM.
IF I COULD PLEASE HAVE LINDA MIX AND SO SHE'S GONNA HAVE BOTH.
YOU HAVE TWO MINUTES, MS. MIX.
MIX 64, 27 CROSBY, CEDAR BAYOU.
UM, WE WERE ANNEXED IN 2017 RIGHT AT THE, THE MIDST OF HARVEY, WHICH OF COURSE, THANK GOD WE DON'T HAVE ANOTHER HURRICANE,
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BUT SOMEBODY ELSE IS.BUT Y'ALL RUSHED US THROUGH TO BE SO THEY DIDN'T HAVE TO HAVE A VOTE TO GET US IN THE CITY, WHICH WE ALL ADMIT THAT WAS A, THAT WAS, WELL, I'D SAY IT WAS A CROCK.
BUT ORIGINALLY WHEN WE WERE ANNEX, THERE WAS A PLAN OF SERVICES IN PLACE AND NOW THERE'S NOT.
I HAD A PRIVATE MEETING IN THE END OF APRIL WITH MR. FRANCO, THE MAYOR, AND I BELIEVE IT WAS MR. POWELL AND ONE OTHER PERSON, I BELIEVE HE WAS FROM THE PLANNING AND ZONING.
AND WE WERE ASKED, WE ASKED SEVERAL QUESTIONS ABOUT THIS, ABOUT THE DNX STATION.
AND AT THE END OF THE MEETING, THE, THE LAST THING I TOOK AWAY WITH WAS THE MAYOR SAID, WE DO NOT HAVE THE $18 MILLION TO GIVE Y'ALL SERVICES THAT REALLY NOBODY WANTS.
WELL, I REALLY DON'T HAVE THE TAX MONEY AT THIS POINT EITHER.
MY HUSBAND WAS LAID OFF AND MY SON IS STRUGGLING, AND HE LIVES NEXT DOOR.
SO I WOULD LIKE MY MONEY BACK.
I'D SAY FINE WITHOUT IT, BUT I KNOW MY SON WOULD LIKE HIS MONEY BACK IF YOU DN X US.
BUT I'M ASKING TO BE DN XED, I HAVE NO SERVICES OUT THERE.
I AM OUT IN LEFT FIELD AND NOBODY SUPPORTS US.
I CAN'T EVEN GET THE CITY TO MOW THE GRASS ACROSS THE STREET.
THEY DID ONE TIME, I'M SORRY, I MOWED MY YARD A LOT MORE THAN ONE TIME.
THEY DID IT WHENEVER SOMEONE REPORTED WEST NILE IN OUR AREA.
I'M SORRY, THAT'S, THAT'S NEGLIGENCE ON THE CITY'S PART.
THAT'S ALL THE CITIZEN COMMENTS THAT WE HAD SIGNED UP FOR THIS EVENING.
[a. Discussion regarding disannexation procedures and the current status. ]
ON TO THE AGENDA.SO, UM, IT LOOKS LIKE WE HAVE ITEM TWO, UM, ITEM IT'S DISCUSSION REGARDING D ANNEXATION PROCEDURES AND THE, THE CURRENT STATUS.
AND LOOKS LIKE MARTIN'S ALREADY UP THERE AND READY TO GO READY'S PUSHING IT.
UM, MARTIN SCRIBNER PLANNING DEVELOPMENT SERVICES.
SO AS MOST OF US ARE AWARE, ARE AWARE, UH, IN 2017, JUST BEFORE THERE WAS A CHANGE IN THE STATE ANNEXATION LAW, THE CITY ANNEXED SEVERAL AREAS ADJACENT TO THE CITY, UH, WITH A REQUIREMENT TO PROVIDE PUBLIC SERVICES TO THOSE AREAS COMPLIANT WITH THE STATUTE WITHIN A CERTAIN AMOUNT OF TIME.
SO A FEW MONTHS AGO, SEVERAL RESIDENTS IN THOSE AREAS BROUGHT THEIR CONCERNS TO CITY COUNCIL, MANY OF WHOM YOU HEARD FROM TONIGHT.
UM, AND THEY ASKED TO BE DISH ANNEXED FROM THE CITY.
SO ACCORDING TO STATE LAW, UM, CERTAIN PROPERTIES, UH, CERTAIN PROPERTY OWNERS HAVE THE RIGHT TO PETITION THE MUNICIPALITY FOR DISH ANNEXATION IF THEY FEEL THAT THEY'VE NOT BEEN PROVIDED WITH THE SERVICES THEY WERE PROMISED UNDER THE ANNEXATION.
IN GENERAL, THOSE SERVICES INCLUDE THINGS LIKE WATER, SEWER, FIRE, UH, POLICE, EMS, AND A HANDFUL OF OTHERS.
UM, EARLIER THIS YEAR, CITY MANAGER REYNOLDS SPOKE ABOUT NEEDING MORE TIME TO DO SOME RESEARCH IN THE PROCESS AND THE REQUIREMENTS OF DIS ANNEXATION.
SO SEVERAL STAFF MEMBERS, INCLUDING LEGAL, PUBLIC WORKS, PLANNING DEVELOPMENT AND CITY MANAGER'S OFFICE, UH, HAVE SPENT THE PAST FEW MONTHS, UM, REALLY RESEARCHING THE PETITION REQUIREMENTS, UH, THE PROCESS THAT NEEDS TO BE FOLLOWED, THE CRITERIA FOR GRANTING SUCH A REQUEST AND THE SPECIFICS OF EACH ANNEXATION AREA.
FROM 2017, UH, AFTER EXTENSIVE RESEARCH, OUR LEGAL TEAM FOUND THAT UNDER CHAPTER 43 OF TEXAS LOCAL GOVERNMENT CODE, THERE ARE SOME VERY SPECIFIC PETITION REQUIREMENTS AND CRITERIA.
AND ACCORDING TO THIS REGULATION, UH, AT THIS POINT, THE CITY HAS NOT RECEIVED ANY QUALIFYING PETITIONS.
SO IF THE CITY DOES RECEIVE A QUALIFIED PETITION IN THE FUTURE, THE PETITION WOULD THEN GO BEFORE CITY COUNCIL TO MAKE A DETERMINATION ON WHETHER OR NOT THE PROPERTY MEETS THE CRITERIA FOR DIS ANNEXATION, UH, FROM THE CITY.
SO REGARDING THE 2017 ANNEXATION AREAS, INITIAL REPORTS FROM THE RESIDENTS INCLUDED ISSUES LIKE THE ABILITY TO VOTE IN CITY ELECTIONS, UH, POLICE, FIRE, EMS AND ANIMAL SHELTER RESPONSE AND TRASH SERVICES, THAT THEY WERE HAVING ISSUES WITH THOSE SERVICES, UM, WHERE THOSE ISSUES EXISTED.
STAFF HAS BEEN WORKING TO RESOLVE THOSE ISSUES THROUGH COORDINATION WITH THE COUNTY AND BY ADJUSTING, UH, SOME ERRORS THAT WE FOUND IN THE ELECTRONIC MAPPING SYSTEM, UH, BASED ON THE INITIAL REVIEW OF THE ADOPTED SERVICE PLANS, THE CRITERIA FOUND IN THE STATUTE AND CURRENT SERVICES THAT ARE BEING PROVIDED, IT IS STAFF'S OPINION THAT THE CITY HAS MET THE SERVICE LEVEL REQUIREMENTS IN FOUR OF THE FIVE AREAS THAT ARE IN QUESTION TONIGHT.
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SAKE OF THIS CONVERSATION, UM, LET'S FOCUS ON TWO MORE NOTABLE SERVICES, MAINLY WATER AND SEWER.SO I'M GONNA SHOW YOU SOME MAPS, UH, THAT GO OVER THE FIVE AREAS THAT WERE ANNEXED IN, UH, THAT WERE FINALIZED, ANNEXED IN NOVEMBER OF 2017.
SO THE FIRST AREA, UH, WE'RE GONNA CALL THIS AREA NUMBER ONE ON THE SCREEN IS APPROXIMATELY 768 ACRES ALONG THE SOUTH SIDE OF I 10.
UM, WHAT YOU'RE LOOKING AT IS THE RED OUTLINES THE PROPERTY THAT WAS ANNEXED ALTOGETHER, AND THE GREEN LINE IS YOUR SEWER MAINS, AND THE BLUE LINE IS YOUR WATER, WATER MAINS.
UM, AS YOU CAN TELL, UM, BY THOSE GREEN AND BLUE LINES, SEWER AND WATER LINES ARE, UH, YEAH, SEWER AND WATER LINES ARE AVAILABLE IN THIS AREA.
SO, UM, THIS, THIS ONE IS, IS MET, UM, AREA NUMBER TWO, AND I CAN ALWAYS COME BACK TO THESE AFTER WE'RE DONE IF, IF WE NEED ANY REFERENCE.
UM, AREA NUMBER TWO IS ABOUT 144 ACRES JUST SOUTH OF I 10 EAST OF CEDAR BAYOU, UM, ALONG, UH, NEEDLEPOINT ROAD.
UM, THIS DOES ALSO SHOW WATER IN SEWER AVAILABLE IN THE AREA.
UH, AREA NUMBER THREE IS APPROXIMATELY 101 ACRES THAT FLANKS CROSBY, CEDAR BAYOU ROAD BETWEEN MASSEY TOMPKINS ROAD AND BLUE HERON PARKWAY.
AGAIN, SEWER WATER REMAINS ARE AVAILABLE OR REASONABLY CLOSE SO AS TO BE ACCESSED.
ALTHOUGH STAFF HAS DISCOVERED THAT THERE IS AN EASEMENT ISSUE IN THIS ANNEXATION AND THAT, UM, PUBLIC WORKS HAS ALREADY BEGUN THE PROCESS OF FIXING THAT EASEMENT ISSUE.
UM, AREA NUMBER FOUR IS, UH, APPROXIMATELY 107 ACRES JUST NORTH OF I 10 ON THE WEST SIDE OF JOHN MARTIN ROAD.
UH, SEWER AND WATER MAINS ARE SHOWN AGAIN HERE AND HAVE ACCESS NOW.
AREA NUMBER FIVE IS APPROXIMATELY 298 ACRES EXTENDING ALONG BARLOW ROAD FROM CEDAR BAY, LYNCHBURG ROAD, UM, ALL THE WAY UP TO I 10.
YOU CAN'T SEE THE, THERE'S A, A LITTLE LEG THAT GOES UP THE UP BARLOW ROAD, UM, JUST ON THE RIGHT OF WAY.
UM, WHILE PORTIONS OF THIS AREA DO HAVE READY ACCESS TO SEWER WATER, UH, SUCH AS THE PROPERTIES, UH, THAT HAVE FRONTAGE ON NORTH MAINE OR ON CEDAR BY LYNCHBURG, IT DOES APPEAR THAT OTHER PORTIONS MAY NOT HAVE THE SAME AVAILABILITY.
UH, IT'S ASSUMED THAT THESE UTILITIES WOULD BE EXTENDED WHEN DEVELOPMENT HAPPENS IN THE FUTURE.
UM, IF SO, WITH THAT, IF THE CITY RECEIVES A QUALIFIED PETITION FOR ANY OF THESE AREAS, PARTICULARLY AREA NUMBER FIVE, COUNSEL WOULD HAVE TO MAKE THE DETERMINATION IF THE LEVEL OF SERVICE IS COMPARABLE TO OTHER SIMILAR AREAS IN THE CITY BASED ON THE CRITERIA DEFINED BY THE STATUTE.
UH, WITH THAT, UM, STAFF IS HERE TO ANSWER ANY QUESTIONS.
DOES ANYBODY HAVE ANY QUESTIONS? GO AHEAD.
SO LOOKING AT THE MAPS, KIND OF WHAT I'M SEEING, I BELIEVE MR. COMISKEY, YOU'RE IN FIVE, LOOKS LIKE YOU'RE IN AREA FIVE.
UH, MS. MEEKS, I'M TRYING TO SEE WHERE YOU WERE AT.
YOU'LL SEE THE BLUE BECAUSE THE, THE GREEN LINE IS ON TOP OF THE BLUE, UH, WATER LINE THAT ALSO RUNS DOWN NORTH MAIN, ALSO THE ORANGE LINE, UM, ALONG CEDAR, UH, CEDAR BY LYNCHBURG IS PART OF THE WATER MAIN AS WELL.
IT JUST GOT COATED A DIFFERENT COLOR BECAUSE I BELIEVE BECAUSE OF THE, UH, MATERIAL THAT THE LINE'S MADE OUT OF.
BUT TO BE VERY CLEAR, TO BE VERY CLEAR, THIS AREA RIGHT HERE, IT IS NOT REASONABLE TO EXPECT THE CITIZENS TO CONNECT TO THESE LINES BECAUSE THEY HAVE TO CROSS MULTIPLE PART OR MULTIPLE PROPERTY LINES.
AND THIS IS THE ONE WHERE THINGS ARE QUESTIONABLE BECAUSE IT IS NOT A REASONABLE EXPECTATION FOR THE RESIDENTS TO CONNECT TO THESE WATER AND SEWER LINES.
ARE YOU STILL IN THE MIDDLE OF OH, OKAY.
UM, SO, UH, THANK YOU MARTIN FOR, FOR GIVING US THIS INFORMATION.
UM, SO WERE THESE, YOU HAVE IT SPLIT UP INTO FIVE AREAS HERE WERE JUST FOR MY INFORMATION, WERE THESE FIVE ANNEXATIONS OR ONE, OR HOW IT WAS FIVE SEPARATE ANNEXATIONS, FIVE SEPARATE ANNEXATIONS THAT WERE ALL BASICALLY RUN THROUGH THE PROCESS AT THE SAME TIME, BUT THEY'RE, BUT THEY'RE SEPARATE APPLICATIONS.
AND EACH ONE OF THESE OBVIOUSLY INCLUDES SEVERAL PROPERTIES OR MAYBE MANY PROPERTIES THAT ARE OWNED BY DIFFERENT, UH, OWNERS.
THEY WERE JUST PART OF THE SAME PETITION.
AND MY REASON FOR ASKING THAT WAS JUST 'CAUSE FOR THE PETITION,
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I'M ASSUMING.I MEAN, IF THIS WAS ALL DONE TOGETHER, THE PETITION WOULD BE ALL FIVE OF THEM TOGETHER, BUT THEY CAN PETITION IN THESE FIVE, CAN PETITION INDIVIDUALLY SINCE THEY WERE FIVE SEPARATE ANNEXATIONS, I, I'LL, UH, DEFER TO OUR LEGAL.
MR IF I CAN ANSWER THAT QUESTION FOR YOU.
UM, EACH ANNEXATION STANDS ALONE, SO THE RESIDENTS IN THAT ANNEXATION AREA WOULD HAVE TO PETITION.
THEY COULDN'T COMBINE FROM OTHER ANNEX AREAS, AND THEY COULDN'T, UH, TRY TO PETITION PEOPLE IN OTHER ANNEX AREAS OR OTHER AREAS OF THE CITY.
UM, I HAD A COUPLE OF QUESTIONS MYSELF.
UH, THANK Y'ALL FOR PUTTING ALL THE, THE PICTURES AND SLIDES TOGETHER.
UM, SO YOU MENTIONED THAT ONE OF THE BULLET POINTS WAS THAT Y'ALL HAVEN'T RECEIVED A QUALIFYING, UM, PETITION.
SO I, I KNOW THAT WE'VE HAD, UM, SEVERAL OF THE SAME FAMILIES, UH, COME REPEATEDLY TO SHARE WITH US INFORMATION REQUESTING THE D ANNEXATION.
SO WHAT EXACTLY HAVE WE RECEIVED SPECIFICALLY FROM, UM, THESE ANNEXED AREAS? SORRY, COUNSEL.
WE HAVE NOT RECEIVED ANYTHING FORMALLY ANYTHING OTHER THAN, UH, THE MEETINGS THAT HAVE BEEN HAD AND THE RESIDENTS WHO HAVE SPOKEN AT CITY COUNCIL.
THERE WAS A LETTER THAT WAS RECEIVED FROM A LAWYER, BUT THAT LETTER, UH, WAS NOT, UH, A PETITION.
UM, I HAVE SEVERAL QUESTIONS THAT IT'S PROBABLY GONNA HAVE TO GO TO YOU.
UH, MY, MY NEXT QUESTION WAS, UM, I, I KNOW YOU, MR. REYNOLDS, YOU KIND OF ADDRESSED THE FACT THAT SOME OF THE ONES IN IN ANNEX FIVE ARE PROBABLY TOO FAR AWAY TO TAP IN, UH, REASONABLY SPEAKING, DO WE KNOW WHAT THE RULE IS AS FAR AS WHEN WE ANNEX SOMETHING, HOW CLOSE WE HAVE TO MAKE SURE THE SERVICES ARE FOR THE PROPERTY OWNERS TO TAP IN? IF I MAY ANSWER THAT.
QUESTION COUNCIL MEMBERS, UH, THERE IS NO SET DEFINITION, AND I DON'T WANT TO CONTRADICT MR. REYNOLDS, BUT SPEAKING AS, UH, THE CITY'S ATTORNEY MM-HMM
UM, REASONABLENESS IS SOMETHING THAT, UH, IN THE FIRST INSTANCE, COUNSEL WOULD DETERMINE, AND IN THE SECOND INSTANCE, SOMETHING THAT A COURT WOULD DETERMINE.
BUT THE CRITERIA UNDER WHICH YOU MAKE THAT DETERMINATION IS WHETHER THE ANNEX AREA AS A WHOLE RECEIVES A COMPARABLE LEVEL OF SERVICES TO ANOTHER AREA WITHIN THE CITY WITH SIMILAR DENSITY, TOPOGRAPHY, AND LAND USE.
UM, CAN YOU GO BACK TO THE FIRST ANNEXATION, UM, AREA THAT YOU SHOWED US? SO MY QUESTION ON THIS ONE, UM, AND I DON'T KNOW IF ANY OF THE FAMILIES THAT HAVE COME TO TALK TO US ARE IN THIS AREA, BUT ON THE FAR WEST, WEST SIDE, IT LOOKS LIKE THERE'S A PROPERTY RIGHT NEAR HUNT ROAD AND CROSBY CEDAR BIO IS, IS THAT WHAT I'M SEEING? I KNOW IT'S A VERY LITTLE DRIVEWAY AREA.
DO YOU KNOW IF THAT'S A PROPERTY THAT SOMEONE LIVES IN OR, AND, AND THE REASON I'M ASKING IS I'M JUST, I DON'T KNOW IF THEY'VE EVEN COME TO YES, IT IS.
SO, BECAUSE THEY, THAT SEEMS VERY FAR AWAY FROM THE ABILITY TO TAP IN.
ANYBODY HAVE ANYTHING ELSE THEY WANNA SAY? UM, I, I DO WANNA ADD THAT, SORRY.
UM, A AGAIN, I, I THINK KNOWING AND CLARIFYING, YOU KNOW, THE REASONABLE ALLOWANCE OF TAPPING IN IS IMPORTANT.
AND WHEN THEY WERE ANNEXED IN, UM, PART OF THE, I, I GUESS RULES OR GUIDELINES AT THAT TIME WAS ALSO THAT, UM, IF THEY WERE TOO FAR AND IT WOULD BE TOO EXPENSIVE MM-HMM
UM, AND, AND I'M GOING BY RECOLLECTION THAT THEY HAD THE OPTION TO KEEP THEIR WELL AND THEIR SEWER.
UM, SO THEY DID NOT, BECAUSE MANY DIDN'T WANNA TAP IN.
I'M NOT SAYING THESE INDIVIDUALS DIDN'T, UH, I'M JUST IN GENERAL, MANY DID NOT WANNA TAP IN BECAUSE THEY WERE FINE WITH THEIR WELL AND THEIR SEWER AND THEY WANTED TO KEEP THAT.
UM, WE ALLOWED THEM TO DO THAT, THE CITY AND SAID, THAT'S FINE.
WE'RE NOT GONNA FORCE YOU TO TAP IN.
UM, THERE WAS A STIPULATION THAT IF YOUR WELL WENT DOWN OR UM, YOUR, UM, UH, SEPTIC WENT DOWN, MORE THAN 50% HAS TO BE REPAIRED,
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THEN YOU WOULD BE MADE TO TAP IN.BUT BECAUSE OF THE CIRCUMSTANCES, THERE'S, THERE WAS NO REAL WAY FOR THE CITY TO LIKE, OVERSEE THAT AND, AND BE GOING HOUSE TO HOUSE.
HEY, IS YOUR WELL WORKING? IS YOUR SEPTIC WORKING AND YOU'VE REPAIRED, YOU NEED REPAIRS? THERE WASN'T THAT TYPE OF OVERSIGHT AVAILABLE AND WOULD NOT BE AVAILABLE.
SO WE WERE JUST GOING TO LEAVE IT UP TO THE RESIDENTS TO, UH, BE ABLE TO REPAIR, UM, THEIR SEWER AND WATER.
IF SOMEONE CAME UP TO THE CITY AND SAID, HEY, MY WELL WENT DOWN, UH, THIS IS HOW MUCH IT WENT DOWN, THEN AT THAT TIME, YES, THE CITY WOULD SAY, THIS IS WHAT YOU NEED TO DO.
UM, SO THAT, THAT WAS ALREADY MADE CLEAR AT THE TIME OF ANNEXATION.
IT'S LIKE WE REALIZE THAT YOU MAY NOT BE FIVE FEET, 10 FEET OR YOU MAY NOT BE ABLE TO, TO TAP IN, UM, BUT YOU MAY CONTINUE TO USE YOUR WELL AND, UM, SEPTIC.
SO THAT'S WHAT I, I DO RECALL FROM THAT ANNEXATION THAT THAT IS CORRECT, THAT THAT'S HOW WE HANDLE, UM, REQUESTS LIKE THAT AS, AS LONG AS THEY ARE CONTINUING, BASICALLY CALL IT LIKE A NON-CONFORMING USE.
AS LONG AS THEY'RE CONTINUING USE OF WHAT THEY HAD BEFORE, THEY'RE NOT REQUIRED TO TAP IN UNTIL THEY GO AND BUILD SOMETHING THAT REQUIRES MORE.
DID YOU HAVE SOMETHING UHANSWERED? JUST WANTED TO MAKE SURE IT'S CLEAR FROM THE CITY, THAT CASE.
WELL, UM, I KNOW THAT WE'RE IN A WORK SESSION RIGHT NOW, SO I JUST THANK YOU STAFF FOR PUTTING THAT TOGETHER AND, UH, GIVING SOME CLARITY TO WHAT'S GOING ON AND MR. LAMONT FOR LETTING US KNOW THE LEGAL ASPECTS OF IT, BUT ALSO TO THE FAMILIES THAT KEEP COMING IN AND, AND, UM, EDUCATING US ON WHAT'S GOING IN ON YOUR END.
I JUST WANNA SAY THANK YOU FOR THAT AS WELL.
I KNOW IT'S TAKEN UP A LOT OF YOUR TIME.
SO, UM, IT LOOKS LIKE THAT IS THE LAST, UM, THING ON OUR AGENDA FOR THE WORK SESSION.
AND SO, UM, IF I DON'T HAVE ANYTHING ELSE FROM ANY OF MY COLLEAGUES, THEN WE ARE GOING TO ADJOURN AT 5:56 PM.