Showing posts with label annexation. Show all posts
Showing posts with label annexation. Show all posts

Sunday, December 19, 2010

Rockwall City Council 6 December

Actions from Executive Committee.

Reappointed a bunch of cronies to various boards.

III. Proclamations.

1. Council recognized city staff that completed "Rockwall University"; staff members spend time learning about other departments. Upon completion they get knowledge, a certificate, and money, amount not disclosed.

VI. Open Forum.

...................................................................................

V. Consent Agenda.

Councilman Sevier pulled #7, rest approved 7-0.

7. Councilman Sevier asked to postpone the vote to next meeting for the owner of land in conjunction with a 212 agreement would have time to fill out paperwork.

Councilman Scott verbosely opposed the plan.

VI. Appointments.

1. P&Z Chairman Herbst presented the P&Z's decision on a new business at the bankrupt Harbor project. Paradise Burger had presented plans for a metal canopy that didn't look the same once built. P&Z didn't like the new roof "look", and claimed it didn't "fit" the Harbor. (If it were a closed-down business, it would definitely "fit.")

Want Paradise Burger to change the canopy from patchwork to uniform. Rockwall loves monotony.

2. Moved to next council meeting.

3. Judge Cathy Penn presented the yearly report for the municipal court.

-17,000 cases had gone through court at the end of the fiscal year (Aug 31, 2010).
-Mostly traffic violations.
-17% were state code offenses.

VII. Site Plans/Plats.

1. Paradise Burger from above.

Problem:

-Exceeds the 10% maximum of non-masonry material standard.
-Built canopy different from presented plan
-P&Z ok with metal roof, but not look of "rusty" panels.

The representative of Paradise Burger explained that the plan didn't show the 2D vs 3D difference. They are also trying to create a more relaxed atmosphere at the Harbor to attract more patrons. (Note to burger guy, attractive stores offering goods that people want will not positively affect patronage at the Harbor. According to the council, "foot traffic" from apartments they want built nearby is the only remedy.)

Mayor Pro Tem Farris opposed, stating "we spent a lot of time planning the (bankrupt) Harbor."

Nose, say good-bye to face.

Passed with P&Z recommendations, 6-1.

VIII. Action Items.

1. Addendum to contract with trash company to extend to 5 years. This does not lock in the rate. Passed 6-1. Councilman Sweet opposed not going out for bid.

2. Discussion of upcoming citizen survey. Discussion revolved around content and a lucky few who gets the special survey.

When mentioned that the survey would include questions in Spanish, Councilman Scott's finger moved so fast for the speak button, it nearly detached from his hand.

Mr Scott expressed opposition to certain questions and doing the survey in Spanish for "philosophical" reasons.

Councilman Russo asked about online options.

Mr Farris asked about including a question asking if people are willing to pay for the city's wish lists.

Councilman Sweet stated he agreed with Mr Scott's position about including questions in Spanish.

Councilman Sevier noted that the 3000+ non-English speaking new citizens in Rockwall didn't move to Rockwall, Rockwall moved to them (us) (That is Lake Rockwall Estates, aka The Zoo.) Not including the opinions of those residents will skew the survey. He concluded that the city knew before annexation that the vast majority speak Spanish as a first language.

Mr Farris made a motion to table until the 2nd meeting in January for more time to consider the survey. Passed 7-0.

3. Councilman Russo wants the city to help you find your lost dog using the website and social media. Staff is looking into this idea.

Sunday, December 5, 2010

Rockwall City Council 15 November

The Youth Advisory Council (or YACs) was present "shadowing" council and staff. Never too early to start learning about liberty infringement and financial irresponsibility.

After many time-consuming jokes where the word "yak" was replaced for the word "YAC", the meeting was started.

III. Consent Agenda.

Councilman Russo pulled item 1 regarding minutes, passes 5-0-2.

Remaining pass 7-0.

IV. Appointments.

1. P&Z Chairman Herbst presented the most recent P&Z cases. Three weeks is too long for me to recall any details.

2. Archer's Care Care, that has been operating out of compliance and without an SUP, is back again to get his building legal.

Quick recap (as I understand it):

-About 3 years ago, Archer's had to move as the previous location was in the way of the widening of SH-205.
-Archer's moved to a building that required an SUP to accommodate the business on Washington St.
-An agreement was made that by the end of 2 years (the length of the SUP), Archer's would move to a new location or bring the building on Washington into compliance with the fire code, specifically, fire sprinklers.
-Some time after the end of the SUP, Archer's came back to the city and explained he could not afford to move, nor could he afford to install a fire sprinkler system. More time was given. (Essentially, the city turned a blind eye to compliance.)
-He could now comply by installing the sprinkler system at a cost of $16,500, but needs the city to foot the $5,000 bill for move the water line (for a tap) across the street to his shop and 6 months to complete the install.

Mayor Pro Tem Farris made a motion to spend the money and give the time for "his friend", but not because they are friends.

Councilman Scott asked about other beneficiaries from the city doing this.

Chief Poindexter: No one else.

Councilman Scott also asked if the city had done this for anyone else.

The Chief explained that during the downtown renovations, including water, the city added taps at buildings if the tenants decided to put in sprinklers, the taps would be available.

Councilman Sweet concurred with Mr Scott's concerns and added that he was "struggling" with the $5,000 gift to Archer's.

Councilmember Margo Nielsen noted that the building would still have to be zoned and what would happen if the zoning failed, that Mr Archer and the city would have spent money and not be able to reap the benefit.

Mr Farris stated that the city "should have known" that this building could some have a business that would require a sprinkler system and should have included it in the renovations the Chief mentioned. Bascially, the city is at fault for Archer's problem.

Mr Scott disagreed with Mr Farris assertion of an "oversight" and has a problem spending the $5,000.

(Repeat discussion.)

Asst Manager Crowley stated that the city has secret money tucked away for exactly this sort of thing.

Councilman Russo believed that this would provide "safety" to surrounding businesses and special treatment should be given as his friend Archer has been in Rockwall 30 years.

Councilman Sevier inquired about the magic money Mr Crowley has stashed.

The city has been setting aside money to give to businesses downtown to bribe them to come downtown.

Motion to gift $5,000 to Archer's and grant a 6 month SUP to comply passed 4-3.

Only Councilmembers Scott, Sweet, and Nielsen respected taxpayers' money on this issue.

3. Appointment with Connie Cannady, with J. Stowe & Co, LLC., to discuss the compliance review of cable services franchise fees, Public, Educational and Governmental fees, and selected other provisions of the Franchise Agreement between the City of Rockwall, Texas, and Charter
Communications, and take any action necessary.

It was even more boring than it sounded (like watching slow drying paint in slow-motion). Only thing that seemed relevant was the $31,000 owed to the city by Charter.

4. YAC kids showed a power point explaining their ideas for this year's project.

1st idea is a Senior (Citizens) Prom.

2nd idea is a recycling program.

Kids want to do the Prom.

Mr Russo objected to the idea of pretend gambling at a fake casino.

Mr Sweet made a joke about the City Manager's age.

V. Public Hearing Items.

1. Some change in Teen Curfew ordinance. No one on council thought anyone needed to know any details, passes 7-0 without discussion.

2. Rest Haven needs an SUP for a mausoleum. After some jokes and assorted stalling, passed 7-0.

3. Guy up in the Shores built a fence in his front yard and needs a variance to let him keep it.

Of the notices that went out to neighbors, 7 came back with 2 in support and 5 opposed.

Mr Farris opposed as it "doesn't fit the Shores, doesn't blend with the neighborhood, and sets bad precedent if allowed."

Mr Scott agreed with Mr Farris.

The owner stated his backyard was all concrete and his dogs won't defecate on concrete, only grass. (I'll bet a million bucks, given enough time the dogs WOULD "go" on concrete.)

Council made no motion, so the request was denied.

VI. Action Items.

2. Annexation! Passed 7-0.

3. Annexation, but excluding the fireworks stand! Passed 7-0.

1. Once again, discussion about streaming council meetings via the internet. Staff looked into what "other cities do" (because God forbid we do something unique and different than Frisco or Plano) and found that for the low price of $90,000 plus $795 per month, the city could be on the internets!! Finally!


Mr Farris balked at the cost and stated, as he has in multiple meeting previously, there were lots of free options with inexpensive hardware options available. Rockwall doesn't need an offsite director or editor or producer (no foolin') to handle the broadcast of council meetings.

Mr Russo concurred.

Motion to send it back to staff to come back with another ridiculously over-priced proposal passed 7-0.

4. Approval of the corridor plan for John King Blvd, aka the "Road to Nowhere".

Councilman Sevier asked if this would be at no cost to the city.

Mr LaCroix: There will be costs. (My notes said "These are just the costs the developer would incur, not sure what I meant, but it sounds like $$$$ going down John King Blvd.)

Passes 6-1, with Mr Sevier opposing.

Monday, October 18, 2010

Rockwall City Council 4 October

Actions from Executive Session: Appointments to YAC and REDC. Right-of-Way acquisition on 549.

III. Proclamations.

4. Fire Prevention Month. City will give you a free smoke detector if you can't afford one.

2. Rockwall 4H Clovers Week. No one said exactly what they do, but it was explained that it is a good way to get involved in the community, it "helps you grow", and "helps others grow".

3. Pumpkin Patch Proclamation. Started by the Friends of the Library and the Catholic Women, The pumpkin patch has been around 22 years. Sold 50,000 pumpkins last year. Funds go to support the library.

The mayor asked for an explanation in the difference between a "pie pumpkin" and "cut pumpkin". "Pie pumpkins" are for pies, and "cut pumpkins" are for cutting (or carving).

1. National Charity League Day. First chapter in Texas was started in Rockwall. Girls do all sorts of things around town to help the community while also fostering relationships between mother and daughter. Open to all girls from 7th-12th grade.

The mayor stated that some wonder why our community is so great. He continued it is because of all the local organizations involved in the community.

I always thought it was because of council's micromanaging of citizens' lives.

IV. Open Forum.

Crickets.

V. Consent Agenda.

# 7 pulled by Mark Russo.

Rest passed 6-0.

7. Mark Russo didn't "like the time frame". Glen Farris doesn't want position (seat on commission or board) to affect how long one sits on other commissions. I agree, people should be allowed to serve as long as possible on boards and commissions. That will prevent any fresh ideas or independent thinkers from affecting the political machine.

VI. Appointments.

1. (new) P&Z Chair Phillip Herbst.

First item "approved", second item denied a manufactured home in the Zoo to have vinyl siding.

2. Main St Advisory Board requests that the holly bushes on Rusk between San Jacinto and Goliad be removed. Businesses located there don't like them, including Councilman Farris who apparently has an office there. Passed.

I didn't hear that the city would be replacing trees (somewhere) for those they removed as they require of citizens and businesses who do the same.

Note: Trees were removed and replaced with flower planters in less than 24 hours. Amazing how fast the city worked without having known beforehand what the vote of council would be.

3. Tom Thumb's want's to have a pumpkin patch of there own. Because of the confusion created by the myriad of ordinances, many were confused why they needed a permit.

Confusion was "cured" and Tom Thumb gets a pumpkin patch.

VII. Public Hearing Items.

1. Walgreens (from last meeting) still wants to increase the products they offer customers, yet council is still opposed. Motion to allow Walgreens to commit capitalism failed 3-3. Mayor Cecil, Councilman Sweet, and Councilman Russo supported the free market. The rest opposed.

Mayor Pro Tem Farris explained the PD was sacred like Ground Zero and should not have outside displays of items nor Mosques adjacent. He continued that Walgreens knew the rules when they built.

Councilman Sweets alter ego showed up to explain all levels of management change and business plans change and the store is try to change and compete with others (specifically CVS across the street that CAN do all the Walgreens cannot). He added that the city is preventing one business from competing with another. (Well, that is why we call it GOVERNment and not ALLOWment.)

Margo Nielsen and Cliff Sevier stated that similar SUP's accross the city might indicate that the zoning is improper and needs to be re-examined to prevent the constant flow of SUP's.

Glen Farris noted, as former CEO of Walgreens and therefore the expert on Walgreens, that Walgreens doesn't need to sell propane, outside "displays" are too much like signs (Glen Hates signs) and this is nothing more than some sneaky attempt on Walgreens part to increase their market visibility and make money.

Ms. Nielsen made a motion to allow only the propane tanks to be displayed outside. Passed 4-2, Farris and Sevier opposed Walgreens propane market greed.

A motion was then made to look at the hyper-restrictive ordinances dealing with outside displays. (I could give em a list of all the small business folks I met a few months back who would whole-heartedly agree. The former owner of a once very prominent local business told me he would never open another business in Rockwall for this very reason.)

2. 7-11 up north wants the same thing as Walgreens. Council is willing to give in to the propane tanks, but not the Red Box. Councilman "Sweet" once again defended the free market and stated the city must be flexible to the businesses that must be flexible to the market.

Council hates Red Box. They believe Red Box dispensers are worse than Heroin/Cyanide/C-4 vending machines and would cause more harm to Rockwall than Fat Man did to Hiroshima.

Note to Red Box - invent an invisible box and it will be welcomed in Rockwall.

7-11 can have propane ONLY. 5-1, Farris threw the anti-business vote. Again.

VIII. Site Plans.

1. Single mom with 3 kids, including one with special needs, wants to have a manufactured home moved into the Zoo without meeting the oppressive "masonary" requirements of the city.

No one on council made a motion to approve or deny the request, so that none would look like a jerk denying a single mom with 3 kids, including one with special needs, a decent home in Rockwall.

(Didn't work)

2. In-N-Out coming to Rockwall. The first obstacle is the roof design. In-N-Out want's the restaurant to look like an In-N-Out. City design standards require a variance for them to achieve this.

IX. Action Items.

1. In-N-Out wants a taller sign than the self-described "sign Nazi", Glen Farris, wants anyone anywhere in the universe to have. In-N-Out wants a 60ft sign in order for people to see it from a greater distance than 10ft away.

Glen Farris opposes of course. Glen hates signs. Glen doesn't think businesses need signs because we have the internet - yes he said that. (Not this meeting, but a previous.)

Cliff Sevier suggested the sign not exceed the elevation of the Toyota sign OR 60ft.

Margo Nielsen explained in her expert opinion as director of a charity that a tall sign is not necessary. She also noted that Toyota got a taller sign because the building is "special". (LEED certified isn't "special", it's a waste of money and feel good crap. But with our earth-worshiping "green" council, anything that pretends to counteract the effects of the Sun's superheated nuclear output is "special". )

In-N-Out explained in their expert opinion as super successful hamburger sellers that a tall sign is necessary for that location.

David Sweet's doppelganger once again defended the business' need over the sentiment of council.

First motion failed 4-2, due to lack of super majority.

After further discussion, which included Mark Russo accusing the In-N-Out folks of a deceitful presentation and Glen Farris crying like a baby and stamping his feet at the thought of a 50ft sign (Mark Russo tried to convince In-N-Out that by Glen going to 50ft he was really sacrificing something and they should be on their hands and needs kissing the feet of Glen Farris for allowing a 50ft sign.) In-N-Out is getting a 50ft sign.

Glen Farris' toddler-like attitude and council's refusal to tell Mr Farris where to stick his attitude and stand up for business nearly cost Rockwall an In-N-Out.

50ft sign passes 6-0.

2. Some 212 agreements as part of annexation procedures passed 6-0.

3. City yet again annexing land. Passed 6-0.



4. Cliff Sevier wanted to know if the city should waive building fees for non-profits. It was thought it could look too much like funneling money to non-profits. Mrgo Nielsen noted that when Helping Hands asked for a waiver, it was granted. Hm.

No action.

5. Cliff Sevier and Chief Moeller want K2 (fake marijuana) banned. Everyone on council agreed that a substance with no confirmed ill-effects should be banned 6-0.

Tobacco related deaths per year: 400,000+ (Legal in Rockwall, 18 or older to buy)
Alcohol related deaths per year: 80,000+ (Legal in Rockwall, 21 or older to buy)
Legally obtained prescription drug related deaths per year: 32,000+ (No age limitation with prescription)
Aspirin related deaths per year: 2,000+ (Legal in Rockwall, no age restriction to buy)
K2 related deaths per year: 0 (Illegal in Rockwall, regardless of age)

Also to be banned is a plant (and it's processed derivatives) Salvia Divinorum. God made a mistake?

Ordinance to be drafted for next council.

--From miscellaneous, the Toyota Triathlon is going to being in huge amounts of revenue to save the failed Harbor project. How much?

Tuesday, August 31, 2010

Rockwall City Council 16 August

Action from Executive Committee: we bought some land.

VII. Action Items.

1. District Attorney Kenda Culpepper presented to council the county-wide plan for the "No Refusal" weekend over the Labor Day holiday.

Should be called "Quicker Warrant" weekend as "No Refusal" could technically always be the case if the local governments wanted to do so.

Basically, if you get pulled over and the police suspect you are driving under the influence (DWI) and you refuse a breathalyzer, the police have a couple local judges that are on call to sign a warrant for a blood test.

Rockwall's Municipal Judge Cathy Penn will be one of the judges on call and if used, the city will reimburse the county $120 per hour for Judge Penn's time.

Last year, the county used the on call Judges 3 times. Also, there were less refusals than past years. In this case, crime deterrence is credited.

City agrees to the agreement 6-0. (Glen Farris was a no-show.)

III. Proclamations.

1. Rockwall University Graduates recognized for graduating Rockwall University.

Employees spend time learning what goes on in other departments, while citizens wonder why the Water Department serviceman is dressed in a tie and loafers.

Graduates received a plaque and money.

IV. Consent Agenda.

5 & 6 pulled by Cliff Sevier.

1-4 Pass without discussion 6-0. (1. Minutes, 2. Minutes, 3. Donor Sign thingy, 4. Utility easement granted to ONCOR somewhere.)

5. 1st Reading of a zoning change for the hillside up from the Harbor.

Basically, the majority of council and staff want to fundamentally change the demographic and feel of Rockwall by turning it into Plano, Jr.

The Centrally Planned Development (PD-32) includes high-density retail and residential (1201 units) development for the proposed 80 acres.

The city will foot the bill (probably as certificates of obligation or a TIF) to put in all the roads and infrastructure, as well as paying for moving the exit ramp from I-30 back.

The cost is in the millions to do so, with guarantee of any development. Unless of course there is already some secret developer involved that has not been divulged, but I really doubt that is the case. I guess someone could get past campaign finance reports and compare those to any future developers that magically appear. Not gonna be me, I have too much faith in my government.

The residential will possibly include townhomes and condos, NOT APARTMENTS OR MULTIFAMILY DWELLINGS , even though some of the elevation drawing and renditions show residences connected at 3 walls, the ceiling and the floor to other non-apartments. They are merely residences that a connected together apart from one another.

I repeat, multiple families living in the same building apart from each other are NOT APARTMENTS. Several council stated this.

The expression used repeatedly was "urban residential" NOT APARTMENTS. (Clicky on link for a GIS of "urban residential" and you will see they are NOT APARTMENTS.)

The "urban residential" obsession is obviously filling a need in the market that the market forces are too stupid to recognize. People move away from the urban areas to the suburbs and demand an urban setting they chose not to live in in an urban area. Duh.

Councilmen Russo and Sevier expressed their opposition.

Councilmen Sweet and Scott then stamped their feet and demanded to know why Councilmen Russo and Sevier were opposed.

Councilman Sevier's main opposition is the "cramming" in of the homes, aka "row housing". He also noted that he has never supported increasing multifamily-type house in Rockwall, unlike other councilmen who oppose multifamily except when they vote for it.

Councilman Russo's two reasons for not supporting were the negative impact of more traffic at an already high density traffic area and he believes the developers should be planning the best use of land, not the city.

After 30 minutes of monkeying around, the city avoided a deadlocked vote of 3-3 (Sweet claimed he would oppose), the council tabled the item until the next meeting when the cards would be stacked in favor of passing the item.

Malvina Reynolds - 1962



(Councilwoman Nielsen excuse herself from the remainder of the meeting.)

V. Appointments.

1. Jerry Archer of Archer's Car Care was forced to move (2007, I think) from his location on SH-205 for the purpose of SH-205 being widened.

He a few blocks to Washington St and was again burdened by the Fannin St repairs.

Long story short, he agreed to put in fire sprinklers by x amount of time (3 years I suppose) in order to fulfill the SUP . He has not done so for various financial reasons, and still cannot afford to do so. He needs a little more time to figure it all out and was granted 90 more days, 5-0.

2. Fella living in the ETJ of the city wants to be released from Rockwall's ETJ and be taken into McClendom-Chisholm's ETJ. City didn't like that idea one bit. Failed without a vote. He's stuck.

On the bright side, he might some day get city water!

VI. Public Hearings Items.

1. Bunch-o-land being annexed.

People who spoke do not want to be annexed. City could give a Rat's Donkey. Basically, the Mayor's position was that if you live in the ETJ we will annex you, like it or not.

Why call it a hearing if no one listens?

City must annex or as I was once told by a councilman, "People would do whatever they want."

Patrick Henry would be so proud! "Give me liberty or give me death! Or not."

VII. Action Items.

3. Tabled.

2. City's answers the Old Town Shoppe's questions from previous meeting:

Lights need fixin'.
Trees need trimmin'
Planters need movin'.
Parking lots need illuinatin'.
Christmas time will decoratin'.
Councilman Sevier's sign initiative need implementin'.

4. Councilman Russo wants the staff to look into setting up Cultural Arts Districts in the city.

Councilman Scott was the most vocal opponent because he is not interested in it. "The wine and cheese folk get too much attention and not enough for the beer and hot dog folk like [Mr Scott] and [David Sweet]."

Councilman Scott then asked Mr Russo why he would support this and not a multi-million dollar ball field monument?

Mr Russo: "This is way cheaper."

Councilman Sevier opined that staff may have too many projects and that if there is too much for staff, there won't be any followup.

Mr Scott then made a motion to have staff look into Cultural Arts District program. Passed 5-0.

Wednesday, July 21, 2010

Rockwall City Council 19 July

The 6:00pm meeting started promptly at 6:05pm.

III. Consent Agenda.

All Passed 6-0.

There was some discussion of upcoming development on the large area west of Ridge Road where Alamo St is interrupted.

IV. Appointments.

1. P&Z Chairman Hunter briefly talked about the upcoming public hearing on a replat that wasn't heard at the last P&Z because the applicant was a no-show.

Motion to continue until next meeting.

2. Lady wants to build some parking spaces at her business downtown on public right-of-way.

Passes without discussion 6-0.

3. Almost exactly the same (different lady) as #2. Passes 6-0.

V. Public Hearings.

1. See appointment #1.

VI. Action Items.

1. Pergola thing from last meeting is back. After a lengthy coma-inducing discussion, council is sending the item to Dallas for approval.

4 & 5. Extension of 212 agreements for undeveloped areas under consideration for annexation (mostly or completely surrounded by city anyways).

Mayor Pro Tem Glen Farris expressed that he opposes the annexation of the areas unless it was to regulate development.

Motion to begin annexation passed 4-2, Councilman Russo and Mayor Pro Tem Farris opposed.

3. Donor recognition signs from last meeting are back.

Little discussion, but self-designated sign-Nazi Farris wanted pole signs excluded from the donor sign allowance.

He explained that if these signs were up along the I-30 corridor (only place pole signs allowed), it would cause confusion finding things.

In other words, signs would make it hard to find the place you want to go.

Plus, Glen hates pole signs. Example of a Pole sign:


Passed 6-0.

2. Directional signs. Discussed back in November. The signs would be privately maintained, and would b e used to direct people to areas around town (Harbor, Downtown) and businesses in those areas. The businesses on the signs would pay the private company and the city would get a percentage of those sales. Home builders would not be allowed to advertise. The issue was brought forth to council (both times) by Councilman Sevier, who explained this program would be ideal to help promote areas like the Harbor and Downtown.

The discussion revolved around making it easy to get around town and reduce confusion while searching for a business.

In other words, signs would make it easy to find the place you want to go.

Motion to get staff to look at (again presumably, as it was the same request in November), passes 6-0.

The following item was not on the agenda posted Friday afternoon:

6. Actual wording from the agenda amendment :

6. * Discuss and consider maintenance issues at the Shores Golf Course, and take any action necessary.

* Justification: This is an emergency agenda item. Due to maintenance conditions, including irrigation deficiencies and the extreme heat observed today, July 19th, at the Shores Golf Course, discussion and possible action may be required to ensure protection of City controlled property.

Here's how the law is written:

Sec. 551.045. EXCEPTION TO GENERAL RULE: NOTICE OF EMERGENCY MEETING OR EMERGENCY ADDITION TO AGENDA. (a) In an emergency or when there is an urgent public necessity, the notice of a meeting or the supplemental notice of a subject added as an item to the agenda for a meeting for which notice has been posted in accordance with this subchapter is sufficient if it is posted for at least two hours before the meeting is convened.

(b) An emergency or an urgent public necessity exists only if immediate action is required of a governmental body because of:

(1) an imminent threat to public health and safety; or

(2) a reasonably unforeseeable situation.

(c) The governmental body shall clearly identify the emergency or urgent public necessity in the notice or supplemental notice under this section.

(d) A person who is designated or authorized to post notice of a meeting by a governmental body under this subchapter shall post the notice taking at face value the governmental body's stated reason for the emergency or urgent public necessity.

(e) For purposes of Subsection (b)(2), the sudden relocation of a large number of residents from the area of a declared disaster to a governmental body's jurisdiction is considered a reasonably unforeseeable situation for a reasonable period immediately following the relocation. Notice of an emergency meeting or supplemental notice of an emergency item added to the agenda of a meeting to address a situation described by this subsection must be given to members of the news media as provided by Section 551.047 not later than one hour before the meeting.

Possible examples of

"(1) an imminent threat to public health and safety; or

(2) a reasonably unforeseeable situation."



Flooding.


Tornado.


The moon crashing into the earth.


Praxis exploding.

Is lawn maintenance of a private golf course an example of

"(1) an imminent threat to public health and safety; or

(2) a reasonably unforeseeable situation."?


Dead grass.

A worthy and important issue? Probably.

Is it worth possibly violating state law? I'm not Greg Abbot. What was so vitally important as to amend the agenda at noon, was no longer important at 7:30pm. The item was removed from the agenda. (Several in audience were quite unhappy about that, too.)




Tuesday, June 15, 2010

Rockwall City Council 7 June

III. Swearing in of Elected Officials. (The swearing of elected officials is behind closed doors, I am told.)

The mob has spoken and the .05% who showed up to vote have re-elected Mark Russo, Cliff Sevier and Margo Nielsen.

IV. Selection of Mayor Pro Tem - Probably gonna be Glen Farris, but was moved to executive session at the end of the meeting. Will have to wait til next time.

This is where the legally posted agenda diverges from the agenda used by council for this meeting. I am told it is ok to rewrite the agenda for 2 reasons:

1. No action taken on the item
2. "It's for a good cause" (Following the law is obviously not a good cause. After consulting with an attorney who is an expert on the Open Meetings Act, he did say it was probably ok since there was no action, but would have advised against changing the agenda since the law was a little murky. I took looked through the law and could not find an exception for "it's for a good cause.")

V. Distinguished Citizen Award "Beyond the Horizon"

Marilyn Mock the "Foreclosure Angel" received the award. She has helped 70 families stay in their homes.

She got a big plaque and an statue of an eagle.

VI. Open Forum

1. Fella who put in solar panels a while back wanted to give council an update. Thanks to "incentives" from the government (aka your's and my tax dollars"), 98% of the costs were covered. All his bills have dropped from $150 to $40.

He thanked the city for "all it did". Does obstructing count?

However, he did not thank anyone else for funding this project via tax dollars.

Your welcome.

VII. Consent Agenda.

None pulled.

#4 had something to do with changing the speed limit on 3097, but no one said what it was going to be. I can't imagine it being slower than 55 mph as everyone seems to drive 35 mph on it.

VIII. Appointments.

1. P&Z Chairman was a no-show!

2. Fella wants to break the world record for the "World's Largest Community Workout". Texas has a lot of fat people and the most cities on the "fattest cities in America" list.

The event will be at the Harbor and expects 3,000-5,000 people to participate.

This is associated with the "Get Fit" program introduced by Councilman Russo a while back, and Eclipse Fitness on the lake.

The organizer would like "support" from the city, specifically bathrooms, facilities, personnel and money - $5,000.

Glen Farris liked the idea as it would have a positive economic impact on the Harbor. He did not support the idea of giving away the $5,000 requested.

The other associated costs the city would be giving away would total about $1,000.

David Sweet then commented saying "tremendous", "absolutely no question", "struggling", "take me through the process", and "help me out". (If you have never been to council, he says those words a lot...)

City staff had already researched and "found" $5,000 in the general fund that the city could give for this event. (Didn't say if they had researched for grant money, more on that later...also didn't hear if the organizers had contacted local businesses and rich folk for the money.)

If he can't get the money, the event won't be as great as the organizer would like, e.g. no "free" T-shirts to give away.

And if the event brings in over $19,000, the organizer would give back the $5,000.

Margo Nielsen made the motion to approve the $5,000, noting that the city had committed to the Get Fit program and we must now support it.

Motion failed 5-2, Mayor Cecil also supported.

Glen Farris Asked for the item to come back to council in 2 weeks.

IX. Action Items

1. Lady in the Zoo wants to put up a carport to replace one that had fallen down. P&Z approved, 7-0. Council approved 7-0.

2. The "can't be tamed" expansion of city limits via annexation - procedures initiated to annex 4 areas.

3. Councilman Russo wants to get a citizen committee started to help find outside monies (private grants, sponsorships, etc) for various projects.

Glen Farris asked why not make this a staff directive. Mark Russo explained it would increase citizen involvement and save money. Mr Farris said staff does it well enough (fyi, staff did mention looking for any grant or outside money for the Get Fit item above. The $5,000 was "found" in the budget) and no need to get citizens to do this. Mr Scott agreed with Mr Farris' objections.

(Are they against citizen involvement or saving money?)

Mr Scott also expressed concern that people would commit to a civic position, and then "not show up".

This would be like a councilman showing up late, missing meetings, or coming and going during the meeting as he pleases, and that would be unacceptable.

4. Councilman Russo wants to form a volunteer program to get citizens to help out mowing right-of-way the city won't mow but a couple times a year. If any citizen also followed that model, he would be cited and fined by the city.

Basically, everyone hated the idea because high grass on city property = not dangerous, high grass on your property = dangerous and mowing is "risky" if citizens do it, too much liability if a rock goes flying into a windshield.

A while back the city had cut back on mowing some areas, unbeknown to the Mayor and others.

For the time being, the city thinks it best to do nothing and let the grass just be high. Who cares if another dog gets bit from a snake hiding in the city's high grass. Tethering is far more dangerous than snakes anyway, and that issue was already addressed.