Sep 14, 2021 SPIN Town Hall Forum

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BIGGEST PROBLEM YOU GOT TO DEAL WITH.

[1. Call to Order: Video Introduction of SPIN Program by Southlake Mayor John Huffman]

MY NAME IS MADELEINE OUJESKY AND I AM THE SPIN HOST FOR THIS EVENING.

THE PURPOSE OF SPIN IS TO GAIN FEEDBACK FROM CITIZENS ON PROJECTS AND OTHER ITEMS OF INTEREST IN THE COMMUNITY.

MANY OF THE ITEMS PRESENTED ARE DEVELOPMENT RELATED.

I WOULD LIKE TO REMIND EVERYONE THAT SPIN IS AN INFORMATIONAL MEETING AND NO VOTES ARE TAKEN. I WOULD ALSO LIKE TO REMIND EVERYONE THAT SPIN IS STREAMED LIVE THROUGH VIDEO ON DEMAND, AND WE WOULD ASK THAT THOSE IN ATTENDANCE WITH QUESTIONS OR COMMENTS USE THE MICROPHONES AT THE FRONT SO THAT THOSE WATCHING FROM HOME CAN HEAR.

NEXT, WE WILL SHOW A BRIEF VIDEO INTRODUCTION OF THE SPIN PROGRAM BY SOUTHLAKE MAYOR JOHN HUFFMAN.

GOOD EVENING, I'M SOUTHLAKE MAYOR JOHN HUFFMAN, I WANT TO THANK YOU FOR ATTENDING TONIGHT'S SPIN TOWN HALL FORUM.

THE ITEMS PRESENTED AT SPIN REPRESENT IDEAS, OFTEN IN THE BEGINNING STAGES OF POSSIBLE DEVELOPMENT. NOW WHAT'S IMPORTANT TO UNDERSTAND IS THAT THIS CONVERSATION STARTS HERE FIRST WITH THE PRESENTATION AND THEN WITH YOUR QUESTIONS AND COMMENTS FOR THE DEVELOPER.

THERE ARE NO VOTES TAKEN AT SPIN AND NO DECISIONS ARE MADE.

SPIN IS SIMPLY AN OPPORTUNITY TO LEARN MORE.

ONCE THE MEETING IS OVER, BOTH THE CITY COUNCIL AND THE CITY'S PLANNING AND ZONING COMMISSION ARE PROVIDED WITH A SPIN MEETING REPORT THAT HIGHLIGHTS THE DISCUSSION FROM TONIGHT. WE TAKE YOUR IMPRESSIONS AND QUESTIONS INTO ACCOUNT WHEN CONSIDERING ANY ITEM THAT COMES BEFORE US FURTHER ALONG IN THE DEVELOPMENT PROCESS.

AGAIN, THANK YOU SO MUCH FOR COMING TONIGHT.

WE APPRECIATE YOUR TIME AND WE APPRECIATE YOUR DEDICATION TO HELPING MAKE SOUTHLAKE A BETTER PLACE. HAVE A GREAT NIGHT! AS A REMINDER, AFTER APPLICANT PRESENTATIONS, THOSE IN ATTENDANCE WITH QUESTIONS OR COMMENTS CAN STEP UP TO A MICROPHONE IN THE AISLE.

WE'VE ALSO DEVELOPED AN ONLINE SPIN QUESTION IN OUR COMMENT FORUM FOR RESIDENTS TO SUBMIT THEIR COMMENTS IN ADVANCE OF THE MEETING IF THEY ARE UNABLE TO ATTEND.

I WILL READ THROUGH THOSE SUBMISSIONS AFTER THE RESIDENTS IN ATTENDANCE WHO HAVE QUESTIONS HAVE BEEN ABLE TO SPEAK.

AND WITH THAT WILL GO AHEAD AND GET STARTED WITH THE APPLICANT PRESENTATIONS.

[2. SPIN2021-30 - An applicant is proposing to develop an approximately 510 sq. ft. oxygen tank enclosure for Methodist Southlake Hospital located at 421 E. State Hwy 114 within SPIN Neighborhood #7.]

THE APPLICANT IS PROPOSING TO DEVELOP AN APPROXIMATELY FIVE HUNDRED AND TEN SQUARE FOOT OXYGEN TANK ENCLOSURE FOR METHODIST SOUTHLAKE HOSPITAL, LOCATED AT 421 EAST STATE HIGHWAY 114.

GOOD EVENING, DAVID RANSOM, I'M HERE FOR AND ON BEHALF OF SOUTHLAKE, TEXAS MEDICAL DEVELOPMENT, THE PROPERTY OWNER AND AS MENTIONED IN THE OPENING, I'M HERE SEEKING AN APPROVAL OF AN OXYGEN TANK ENCLOSURE LOCATED ON LOT THREE R BLOCK ONE FOR A TENANT BY THE NAME OF R3 WOUND CARE AND HYPERBARICS TO BE LOCATED ON THE ADJACENT MOB LOT 2R, BLOCK ONE. AS I MENTIONED EARLIER, THE IS CURRENTLY OWNED BY SOUTHLAKE, TEXAS MEDICAL DEVELOPMENT, AND AS I MENTIONED PREVIOUSLY, I'M HERE ON BEHALF OF R2 WOUND CARE AND HYPERBARICS. THE PROPOSED TANK ENCLOSURE IS TO MATCH THE ADJACENT, PREVIOUSLY APPROVED TRASH ENCLOSURE AT THE MEDICAL OFFICE BUILDING.

THIS SLIDE HIGHLIGHTS THE PLAN OF THE ENCLOSURE, WHICH IS SHOWN IN YELLOW, HIGHLIGHTED IN YELLOW, WITH THREE LOCATIONS ADJACENT TO MEDICAL OFFICE BUILDING, HOSPITAL AND PARKING, GARAGE NOTED.

AS WELL AS, THERE ARE SOME PLANS AND ELEVATIONS THAT SHOW AN APPROXIMATELY FIVE HUNDRED AND TEN SQUARE FOOT STRUCTURE THAT IS EIGHT FOOT TALL AND IS CLAD IN STUCCO AND A STONE CAP TO MATCH THE STRUCTURE ADJACENT ACROSS THE STREET AT THE MEDICAL OFFICE BUILDING.

THE STICK SLIDE SHOWS TWO CONCEPT RENDERINGS OF THE ENCLOSURE.

THERE IS A VIEW SOUTHWEST TOWARDS THE HOSPITAL, WHICH SHOWS THE ENCLOSURE LOOKING BACK ACROSS THE PARKING LOT TOWARDS THE HOSPITAL AND THE ELEVATED WALKWAY.

AND THEN THE IMAGE ON THE RIGHT IS TO THE SOUTHEAST BACK TOWARDS THE PARKING GARAGE.

AND AS YOU CAN SEE, IT ESSENTIALLY MATCHES THE ENCLOSURE ACROSS THE WAY, ALTHOUGH THE DOORS ARE NOT AS LARGE.

THIS IS A SLIDE OF EXISTING SITE PHOTOS.

WE HAVE ONE VIEW TO THE SOUTHWEST, IT SHOWS YOU WHERE THE ENCLOSURE WOULD BE, WHERE THE CAR IS PARKED, WHICH IS A GOOD LOCATOR.

AND THEN YOU WOULD SEE AGAIN THE VIEW SOUTHEAST TOWARDS THE PARKING GARAGE.

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THAT CONCLUDES MY PRESENTATION.

I'M HAPPY TO ANSWER ANY QUESTIONS OR COMMENTS FROM ANY CONCERNED CITIZENS.

ALL RIGHT, THANK YOU, DAVID. DOES ANYBODY IN THE AUDIENCE HAVE ANY QUESTIONS? DOESN'T LOOK LIKE ANYBODY HAS ANY QUESTIONS AND WE DIDN'T RECEIVE ANY ONLINE FORUMS EITHER, SO WE'LL GO AHEAD AND WRAP UP THIS ITEM.

THANK YOU VERY MUCH. THANK YOU.

[3. SPIN2021-31 - The City of Southlake is proposing amendments to the Solid Waste Ordinance No. 337 related to modernization and licensing for construction debris collection.]

THE CITY OF SOUTHLAKE IS PROPOSING AMENDMENTS TO THE SOLID WASTE ORDINANCE, NUMBER 337 RELATED TO MODERNIZATION AND LICENSING FOR CONSTRUCTION DEBRIS COLLECTION.

THANK YOU, MADELEINE.

GOOD EVENING. AS MADELEINE SAID, I'M HERE TO PRESENT UPDATES TO THIS SOLID WASTE ORDINANCE. THE PURPOSE OF THIS ORDINANCE UPDATE IS TO ESTABLISH A CONSTRUCTION DEBRIS LICENSE, AS WELL AS MODERNIZING THE ORDINANCE TO BRING IT INTO TODAY'S CURRENT PRACTICES.

IT'S JUST AN OVERVIEW OF THE ORDINANCE CHANGES.

WE'RE PROPOSING TO ALIGN THE CURRENT CONTRACT PROVISIONS WITH THE ORDINANCE.

THE ORDINANCE WAS LAST UPDATED IN THE 80S, AND SINCE THEN WE HAVE HAD SEVERAL SOLID WASTE CONTRACTS COME THROUGH AND NEED TO MODERNIZE THE ORDINANCE WITH THAT.

WE ARE ADDING A BIN PULL-IN TIME.

THE EXISTING ORDINANCE HAS LANGUAGE RELATED TO BIN SET-OUT TIMES, BUT THIS WOULD ADD A PULL-IN TIME FOR THE IN THE ORDINANCE AND THEN ALIGNING THE ORDINANCE WITH THE CURRENT BILLING PRACTICES, AS WELL AS ADDING A CONSTRUCTION DEBRIS LICENSE.

QUICKLY TO RUN THROUGH THE CHANGES FOR THE ORDINANCE, THE TO ALIGN THE CURRENT CONTRACT, TO LINE THE ORDINANCE WITH THE CURRENT CONTRACT PROVISIONS, WE WILL BE UPDATING THE BRUSH AND BULK PARAMETERS.

OUR CURRENT CONTRACT DOES ALLOW FOR TWO CUBIC YARDS OF BRUSH AND BULK EACH COLLECTION DAY, AS WELL AS 12 CUBIC YARDS OF UNBUNDLED BRUSH PER ON AN ANNUAL BASIS.

SO THIS WOULD ALIGN THE ORDINANCE WITH OUTDATED LANGUAGE, AS WELL AS UPDATING OUR HOLIDAYS THAT ARE IMPACTED BY COLLECTION AND THE RECYCLING CART PROVISIONS TO PROTECT THE CITY CONTRACTOR'S PROPERTY AND TO ENSURE THAT CARTS ARE BEING HANDLED CORRECTLY AND THEN ADDING UPDATED DEFINITIONS AS FAR AS TO ALIGN THOSE WITH THE CONTRACT DEFINITIONS.

AS I MENTIONED PREVIOUSLY, WE WERE ADDING A BIN PULL-IN TIME.

THE EXISTING ORDINANCE REQUIRES THAT TRASH BE PLACED OUT AT THE CURB NO MORE THAN TWENTY FOUR HOURS PRIOR TO COLLECTION TIME.

THIS WOULD ALSO ADD A REQUIREMENT TO PULL YOUR BINS IN WITHIN TWENTY FOUR HOURS AFTER COLLECTION IS OVER.

WE'RE ALIGNING THE ORDINANCE WITH OUR CURRENT BILLING PRACTICES, THE EXISTING ORDINANCE HAS LANGUAGE IN IT THAT ALLOWS FOR GARAGE DOOR SERVICE FOR ANY CUSTOMER.

OUR CURRENT CONTRACT ALLOWS FOR GARAGE DOOR SERVICE ONLY FOR OUR DISABLED CUSTOMERS, AND THERE IS NO ADDITIONAL FEE FOR THIS.

IT, HOWEVER, THE ORDINANCE PREVIOUSLY DID HAVE AN EXTRA FEE FOR THAT SERVICE AND THEN WE ARE ALIGNING IT WITH OUR PRORATED BILLING WHENEVER WE HAVE NEW MOVE INS AND MOVE OUTS.

WE DO NOT CHARGE THEM FOR THE FULL MONTH OF SERVICE, AND SO THIS ALIGNS THE ORDINANCE WITH OUR CURRENT PRACTICES.

AND THEN UNDER OUR CONTRACT, THE RATES ARE ESTABLISHED ON A PROFORMA OF SERVICES THAT ARE LARGELY DRIVEN BY OUR OVERALL TONNAGE AS A CITY.

DUE TO THE COLLECTION STILL TAKING PLACE, WE DO NOT TYPICALLY PROVIDE ANY KIND OF REFUND FOR A MISSED COLLECTION.

SO THE ORDINANCE PROPOSED ORDINANCE CLARIFIES THIS LANGUAGE AND ALLOWS BUT STILL ALLOWS THE CITY MANAGER OR HER DESIGNEE THE FLEXIBILITY TO DETERMINE A REFUND ON A CASE BY CASE BASIS, IF NEEDED.

LASTLY, IN THE MOST SIGNIFICANT CHANGE TO THE ORDINANCE IS THE CREATION OF A CONSTRUCTION DEBRIS LICENSE.

WE HEARD FROM RESIDENTS AND FROM THE LOCAL BUSINESS COMMUNITY THAT THEY WANTED MORE FLEXIBILITY IN BEING ABLE TO OFFER ROLL OFF CONTAINERS.

SO UNDER THE PROPOSED ORDINANCE, WE HAVE ESTABLISHED A CONSTRUCTION DEBRIS LICENSE TO ALLOW HAULERS TO OPERATE WITHIN THE CITY UNDER A LICENSE INSTEAD OF A FRANCHISE AGREEMENT

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THIS SERVICE IS DEFINED AS ANY DIRT, ROCK, CONCRETE, BRICK OR OTHER BUILDING WASTE MATERIALS THAT RESULT FROM CONSTRUCTION OR DEMOLITION PROJECTS, INCLUDING ALL MATERIALS THAT ARE INDIRECTLY OR DIRECTLY THE BYPRODUCTS OF CONSTRUCTION WORK, OR THAT RESULT FROM THE DEMOLITION OF BUILDINGS OR OTHER STRUCTURES.

AND THIS WASTE IS TEMPORARY IN NATURE AND WOULD ALLOW FOR ROLL OF CONTAINERS TO BE PROVIDED WITHIN THE CITY.

THE PROPOSED ORDINANCE CREATES A PROCESS FOR THIS LICENSE, WHICH IS EFFECTIVE OCTOBER 1ST TO SEPTEMBER 30TH ANNUALLY, AND ESTABLISHES REQUIREMENTS OF THE LICENSEE, WHICH I'LL GO OVER LATER IN THIS PRESENTATION.

AND LASTLY, THE PROPOSED FEE FOR THIS SERVICE IS 10 PERCENT OF THE GROSS RECEIPTS ON ALL REVENUES AND INCOME COLLECTED FROM ANY SOURCE DERIVED FROM THE OPERATION OF COLLECTION WITHIN THE CORPORATE CITY LIMITS OF THE CITY.

AND THIS WOULD BE COLLECTED ON A QUARTERLY BASIS.

THIS IS THE LANGUAGE FROM OUR EXISTING ORDINANCE, WHERE IT REQUIRES THAT TRASH AND DEBRIS BE REMOVED AT THE OWNER'S EXPENSE BY EITHER THEIR OWN CREW OR THE CITY'S CONTRACTOR UNDER THE NEW ORDINANCE.

THIS WOULD ALSO ALLOW SAME LANGUAGE YOU CAN STILL REMOVE, RESIDENTS WOULD STILL BE ABLE TO REMOVE DEBRIS AT THEIR OWN EXPENSE BY THEIR OWN CREW USING THE CITY'S CONTRACTOR OR ANY LICENSEE THAT IS PERMITTED BY THE CITY.

GOING OVER SOME OF THE REQUIREMENTS OF THE LICENSEE.

WE, ANYTHING IN THE GOLD BOXES, ARE APPLICATION REQUIREMENTS.

SO UPON APPLICATION, WE WOULD REQUIRE CONTACT AND BUSINESS INFORMATION, DOCUMENTATION OF AD VALOREM TAXES FOR BUSINESSES, FOR THE BUSINESS.

INSURANCE VERIFICATION, DESCRIPTION OF THE TYPES OF VEHICLES BEING USED, THE PROPOSED DISPOSAL SITE TO ENSURE THAT THEY HAVE PROPER LANDFILL PRIVILEGES, AND A PROPOSED PICKUP SCHEDULE, IF THERE'S GOING TO BE A CERTAIN DAYS THAT THEY'RE NOT GOING TO BE OPERATING.

AND THEN EVERYTHING IN GREEN BOXES IS WHAT IS REQUIRED OF THE LICENSEE THROUGHOUT THE TERM OF THE LICENSE, SO THE ANNUAL FEE TO BE PAID QUARTERLY CLEARLY MARKED VEHICLES SO THAT WE CAN IDENTIFY THE VEHICLES AND THE CONTAINERS AND THEN COVERS ON THE VEHICLES TO ENSURE THAT NO DEBRIS IS BLOWN OUT OF THE CONTAINERS.

SO THAT WAS A VERY BRIEF PRESENTATION, BUT I'M HAPPY TO TAKE ANY QUESTIONS OR COMMENTS.

THANK YOU, MIKE GARABEDIAN, PRESIDENT, GREATER FORWARD BUILDERS ASSOCIATION, GOVERNMENT LIAISON FOR TEXAS ASSOCIATION OF BUILDERS.

WANT TO THANK THE TOWN FOR MAKING A MORE OPEN MARKET APPROACH TO THE REMOVAL OF TRASH, WE ALL WANT TO GET OUR TRASH OFF THE JOB SITES.

THE WAY I READ, THE WAY THE PRESENTATION WAS AND THE WAY I READ THE ORDINANCE, THERE'S A SLIGHT DISPARITY.

THE WAY THE ORDINANCE READS, IT READS AS ANYONE REMOVING CONSTRUCTION DEBRIS FROM A JOB SITE. WHEN YOU MADE YOUR PRESENTATION, YOU REFERRED ONLY TO ROLL OFF CONTAINERS.

THE LANGUAGE IS NOT CLEAR ON THAT BECAUSE THE WAY I'M READING IT, IT SAYS ANY IN THE PREVIOUS LANGUAGE PROVIDED TO ME IN THE LANGUAGE THERE, ANYONE THAT YOU HIRED OR MOVE, IT HAS TO BE LICENSED.

SO WHAT? WHICH IS THE....

SO YOU'VE ALWAYS BEEN PRETTY CLEAR THAT IF A CLEANUP CREW WITH THE TEMPORARY, YOU KNOW, PLYWOOD CONTAINERS WOULD BE PERMITTED TO REMOVE, LIKE REMOVE THE DEBRIS FROM THEIR OWN JOB SITE AND THAT WOULD BE CONSIDERED THEIR OWN CREW.

ROLL OFF CONTAINERS ARE MORE, THEY'RE LESS TEMPORARY THAN THOSE PLYWOOD CONTAINERS, AND SO THEY ARE LESS TEMPORARY, AND SO THEY WOULD BE NOT CONSIDERED THAT SAME.

IT'S NOT CONSIDERED YOUR OWN CREW.

SO IF YOU HAVE A CONSTRUCTION SITE WHERE YOU'RE BRINGING YOUR OWN ROLL OFF CONTAINER, THAT'S A LITTLE DIFFERENT THAN PROVIDING A ROLL OFF CONTAINER AND CHARGING OTHER BUSINESSES FOR IT.

OKAY. SO I WOULD SUGGEST THAT ASIDE FROM MY SECOND ISSUE ON THAT ISSUE, I THINK THE LANGUAGE IS NOT AS CLEAR AS IT COULD BE.

THERE WOULD BE A BETTER WAY TO CLEAN THAT UP.

SPECIFICALLY, REFER TO THIRD PARTY ROLL OFF CONTAINERS, RIGHT NOW THE WAY IT READS, IT READS CONSTRUCTION DEBRIS REMOVAL, WHICH CAN BE ANYONE FROM A TRAILER TO A ROOFER TO ANYONE ELSE. SO THAT'S THE SECOND ISSUE I HAVE IS THE 10 PERCENT LICENSING FEE.

DOES THE SOUTHLAKE HAVE ANY TYPE OF STUDY DOCUMENTATION REPORT JUSTIFYING THAT 10 PERCENT? AND IF SO, I'D LIKE TO SEE IT, PLEASE.

OR HAVE IT PRESENTED? THANK YOU.

SO NO, WE HAVE NOT CONDUCTED A STUDY FOR THE 10 PERCENT LICENSE FEE.

HOWEVER, UNDER THE STATE LAW, WE ARE ABLE TO REGULATE ANY KIND OF HEALTH AND SAFETY, AND

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SO WHILE WE DON'T HAVE A STUDY, THIS IS THE SAME FEE THAT WE CHARGE FOR PUBLIC FOR THEIR SERVICES AND WOULD BE COMPARABLE.

OK, SO YOU ALSO KNOW THERE'S A STATE LAW THAT SAYS LICENSING FEES CANNOT BE ANY MORE THAN THE COST OF ADMINISTRATING THE LICENSE.

SO IF YOU HAVE A 10 PERCENT FEE BASED UPON INCOME AND REVENUE, YOUR LICENSING FEE IS BASED SOLELY ON THE REVENUE GENERATED BY THAT ENTITY.

SO YOU COULD HAVE TWO SITES WITH TWO HOMES RIGHT NEXT DOOR TO EACH OTHER, WITH ONE COMPANY CHARGING ROUND NUMBERS $1000 FOR SERVICING THAT SITE.

THE SITE NEXT TO IT, CHARGING $750 FOR THAT SITE, AND YOU'D HAVE A DISPARITY OF 25 PERCENT ON THE LICENSING FEE BECAUSE OF THE COST DIFFERENCE.

THE COST OF ADMINISTERING THAT LICENSE IS THE EXACT SAME.

SO LICENSE FEES BY LAW MUST BE DIRECTLY PROPORTIONATE TO THE COST OF ADMINISTERING THE LICENSE. ANYTHING MORE IS CONSIDERED A TAX.

I'M NOT AWARE OF ANY PROVISION IN THE STATE CONSTITUTION OR IN TEXAS LAW THAT ALLOWS A MUNICIPALITY TO CREATE A TAX ON REVENUE OR INCOME.

IF THERE IS, I LOVE TO SEE IT.

AS YOU MENTIONED, THERE'S NOT AN OCCUPATIONAL TAX IS NOT PERMITTED BY STATE LAW.

HOWEVER, UNDER REVIEW, THIS IS NOT CONSIDERED AN OCCUPATIONAL TAX.

HOWEVER, I'LL REVIEW THAT WITH OUR CITY ATTORNEY'S OFFICE BEFORE WE GO TO COUNCIL NEXT WEEK. OKAY, AND JUST TO BE ON THE RECORD, THE CITY DOES KNOW THAT THERE IS A LAWSUIT IN FRONT OF THE TEXAS SUPREME COURT RIGHT NOW IN THIS VERY MATTER OF ANOTHER MUNICIPALITY USING A PERCENTAGE LICENSING FEE ON REVENUE FOR A LICENSE AND THAT SO HOPEFULLY WILL BE DECIDED NEXT SPRING.

SO IT IS VERY POSSIBLE THAT YOU'LL BE CREATING AN ORDINANCE THAT'S GOING TO CREATE SOME LEGAL EXPOSURE TO THE TOWN BY NOT WAITING FOR THAT TO BE SETTLED.

WE ARE AWARE OF THIS PENDING LITIGATION.

HOWEVER, IF IT TURNS OUT THAT THE JUDGMENT IS IN FAVOR OF, I GUESS IT WOULD BE THE PLAINTIFF, RIGHT? AND SO IF THAT'S THE CASE, THEN WE WOULD CERTAINLY MAKE SURE THAT ANY OF OUR ORDINANCES ARE IN COMPLIANCE WITH LEGAL STANDARDS.

OK, SO WOULD IT BE STAFF'S POSITION THAT IF THE PLAINTIFF IN THAT CASE ONE THAT THEY WOULD REFUND THE LICENSING FEES PAID UP TO DATE? I WOULD HAVE TO CONFER WITH OUR CITY ATTORNEYS TO DETERMINE WHAT WE WOULD BE LIABLE FOR, BUT I CAN'T SAY YES OR NO RIGHT NOW.

OK, WHAT WAS THE NECESSITATION FOR CREATING A LICENSING FEE IN THIS STRUCTURE VERSUS A TRADITIONAL STRUCTURE OF $105 PER YEAR THAT CONTRACTORS PAY? WHAT'S THE DIFFERENCE? SORRY.

WELL, A FLAT RATE FEE IS NOT GOING TO BE EQUITABLE AS FAR AS IF YOU, FOR EXAMPLE, COLLECT 10 HOMES A MONTH.

AND I COME IN AND I HAVE, LET'S SAY, ONE JOB A MONTH, RIGHT? ONE HUNDRED AND FIVE DOLLARS IS NOT GOING TO BE EQUITABLE FOR YOUR PRICE PER HAUL, RIGHT? SO LOOKING AT IT FROM A WHAT IT COSTS US TO REGULATE THE WEAR AND TEAR ON THE STREETS, THE, ALSO THE CODE ENFORCEMENT, ENSURING THAT ROLL OFF CONTAINERS ARE ACTUALLY BELONGING TO YOU. AND ALSO AND NOT BECAUSE WE DO HAVE ROAD CONTAINERS IN THE CITY.

SO THERE IS ONGOING MANAGEMENT OF THESE LICENSES BEYOND JUST THE APPLICATION PART.

SO THE SORRY, DID YOU HAVE ANOTHER QUESTION THAT YOU WANTED TO ADD? OK. SO BASICALLY, THAT IS WHERE THE 10 PERCENT CAME FROM IS THE ONGOING MANAGEMENT OF THE ... SO EQUITABLE MEANING THAT ONE JOB SITE VERSUS 10 JOB SITES WHERE IN TEXAS LAW DOES IT PERMIT EQUITY TO BE FIGURED INTO THE COST OF ADMINISTERING THE LICENSE? WE LOOK AT IT IN TERMS OF HOW FREQUENTLY WE ARE HAVING TO CHECK IN ON IT.

SO YOU HAVE AND HOW FREQUENTLY YOUR TRUCKS ARE COMING THROUGH THE CITY.

SO THE DAMAGE TO THE CITY STREETS ARE, I MEAN, THEY ARE GOING TO HAVE MORE IF YOU'RE HAVING 10 HAULS A MONTH VERSUS IF YOU'RE HAVING ONE AND THE 10 PERCENT AND A USAGE FEE IS BASED OFF OF YOU BEING ABLE TO PAY FOR THE SERVICES AND THE DAMAGE THAT YOU'RE CREATING TO THE CITY. OK.

SO BUT YOU DON'T HAVE ANY STUDIES RELATED TO WEAR AND TEAR ON THE STREETS BY CONSTRUCTION HAULERS. CURRENTLY, WE DO NOT.

OK, DOES THE CITY HAVE ANY CHARTS SHOWING THE WEIGHT AND THE TRIPS THAT VARIOUS VEHICLES MAKE THE JOB SITES FOR CONSTRUCTION SITES? DO YOU HAVE ANY CHARTS OR WEIGHT SCHEDULES? I'M NOT SURE I'LL HAVE TO CHECK WITH OUR PUBLIC WORKS DEPARTMENT.

DO YOU KNOW HOW MUCH A CONCRETE TRUCK WEIGHS FULLY LOADED? I PERSONALLY DO NOT, BUT I'M SURE THAT SOMEONE DOES.

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WHILE I'M NOT FULLY FAMILIAR WITH THEM.

I CAN LOOK INTO IT AND GET BACK TO YOU.

DO YOU KNOW HOW MUCH A BRICK DELIVERY TRUCK WEIGHS 18 WHEELER, BRICK ON THE BACK? THE DIFFERENCE IS BETWEEN A BRICK DELIVERY TRUCK AND BETWEEN A SOLID WASTE LICENSING VEHICLE, OR IT'S A LICENSED SOLID WASTE VEHICLE.

WE DO NOT HAVE THE ABILITY TO REGULATE EVERY BRICK DELIVERY TRUCK THAT COMES THROUGH THE CITY. BUT YOU SAY YOU HAVE REGULATION, THE ABILITY TO REGULATE SELECT VEHICLES THAT USE THE STREETS THAT MAY WEIGH OR HAVE WEAR AND TEAR IN THE STREETS.

WHAT OTHER VEHICLES AND WITHOUT A STUDY, HOW DO YOU KNOW HOW MUCH WEAR AND TEAR ON THE STREETS IS DONE BY CONSTRUCTION TRASH? SO TO KIND OF CLARIFY FIRST ON YOUR ANSWER.

WE HAVE THE ABILITY TO REGULATE THE SERVICE, NOT NECESSARILY THE VEHICLES.

SO THAT'S WHY WE CAN'T REGULATE UPS, USPS, EVERY BRICK LIVE DELIVERY TRUCK, EVERY SINGLE SOLID WASTE HAULER THAT COMES THROUGH THE CITY.

HOWEVER, WHENEVER YOU ARE OPERATING WITHIN THE CITY, THERE IS A LEVEL OF REGULATION THAT WE ARE ALLOWED TO BY LAW ARE ABLE TO OVERSEE.

SO WITHOUT A STUDY, TO YOUR POINT, WE ARE MAKING AN ESTIMATE.

HOWEVER, THIS IS WHAT WE ARE CHARGING REPUBLIC IN TERMS OF THEIR FRANCHISE COSTS, AND THEREFORE, YOU KNOW, CITY COUNCIL COULD RAISE OR LOWER THIS NEXT WEEK WHENEVER WE GO, IF THEY PASS IT. AND SO, YOU KNOW, THE FEE, IT SOUNDS LIKE FROM YOUR INDUSTRY LOOKING AT SOMETHING MORE LIKE A FLAT FEE IS WHAT YOU'RE LOOKING AT.

OR DO YOU THINK THAT THE TEN PERCENT IS JUST TOO HIGH? ANY FEE BASED UPON A PERCENTAGE OF REVENUE OR INCOME IS NOT PERMISSIBLE UNDER STATE LAW OR THE CONSTITUTION. IT MUST BE A FLAT FEE BASED UPON THE COST ADMINISTERED TO LICENSE, NOT ENFORCED LICENSED, ADMINISTER TO LICENSE.

YOUR CONCERNED ABOUT INFRACTIONS, YOUR CODE ENFORCEMENT OFFICERS ARE OUT THERE ALL THE TIME REGARDLESS, SO THEY'RE OUT THERE.

IF THERE'S AN INFRACTION, YOU HAVE THE ABILITY TO ISSUE A TICKET THAT WOULD RECOVER, JUST LIKE A POLICE OFFICER. THE POLICE OFFICER DOESN'T GET THE RAISE THE TICKET PRICES ON EVERYBODY ELSE BECAUSE HE HAS A TWO OR THREE DAYS WHERE HE DOESN'T WRITE TICKETS.

THE TICKET IS THE COST OF THE INFRACTION.

GOING BACK TO YOUR ROAD IMPACT, THAT'S A BIG DEAL.

USING A LICENSE FEE TO PAY FOR ROAD IMPACT.

THAT'S A REALLY BIG DEAL, AND I DON'T KNOW IF THAT'S BEEN THOUGHT THROUGH BECAUSE THERE'S YOU CAN'T THERE'S THAT'S A BIG DEAL.

SO IF YOU DON'T HAVE A STUDY, YOU'RE GUESSING.

AND THEN IF YOU DON'T HAVE AN EQUITABLE TREATMENT OF ALL VEHICLES OF SIMILAR WEIGHT IN THE CITY USING A LICENSE FEE AS AN IMPACT FEE, THEN YOU HAVE AN EQUITY ISSUE TOO.

AND THAT'S GOING TO PRESENT, YOU'RE PUTTING THE TOWN INTO A LITIGATION THREAT.

WE'LL CERTAINLY DISCUSS THIS WITH OUR CITY ATTORNEY'S OFFICE.

THEY HAVE YOUR POINTS THAT YOU'VE MADE, WE'VE DISCUSSED PRIVATELY AS WELL.

AND UP UNTIL NOW, THEY HAVE NOT BEEN IN AGREEMENT WITH THE INTERPRETATION OF THE LAW.

OH, [INAUDIBLE] GOING BACK TO THE 10 PERCENT EQUITY DEAL JUST TO GET US ON THE RECORD.

I'M UNDER THE IMPRESSION THAT THIS STAFF IS A GENERIC TERM FOR CITY EMPLOYEES.

THAT STAFF IS AWARE THAT THERE IS A DIFFERENCE BETWEEN A FRANCHISE AGREEMENT AND PRIVATE PARTIES CONTRACTING TO PROVIDE PRIVATE SERVICES ON PRIVATE PROPERTY, STAFF IS AWARE THERE'S A DIFFERENCE. SO TO YOUR POINT, REPUBLIC IS ALSO A PRIVATE ENTITY PROVIDING A SERVICE TO PRIVATE PROPERTY.

HOWEVER, THEY'RE USING THE CITY'S ROADWAYS, AND THEY'RE USING THE CITY'S CUSTOMER BASE TO PROVIDE THAT SERVICE.

NOW, UNDER THIS LICENSE FEE, IT IS STILL IT'S NOT REQUIRING EVERYONE TO GO THROUGH THE PROCESS OF NEGOTIATING A CONTRACT AND ESTABLISHING A FRANCHISE.

HOWEVER, THE SOME OF THOSE PRINCIPLES ARE STILL THE SAME.

YOU'RE STILL USING THE CITY'S ROADWAYS, YOU'RE STILL OPERATING WITHIN THE CITY TO PROVIDE HEALTH AND SAFETY SERVICES, AND THAT IS WHY WE HAVE THE FRANCHISE OR THE LICENSE FEE ESTABLISHED. SO IF I WAS TO HIRE AS A BUILDER, IF I WAS TO HIRE JOHN DOE TRASH HAULING DRAFT CONSTRUCTION AND CLEANUP SERVICES, AND THEY USE A TRAILER ON A GOOSENECK TRAILER ON A TRUCK OR A DUMP TRUCK, THEY COME TO MY SITE AND THEY TAKE THE DEBRIS AND THEY HAUL IT OFF. ARE THEY LICENSED OR NOT? SO UNDER THE LICENSE FEE, THIS IS FOR ROLL OFF.

THE INTENTION IS FOR ROLL OFF CONTAINERS, NOT FOR CLEANUP CREWS THAT ARE THERE CLEANING UP SITES AT THE END OF THE DAY.

[00:25:01]

ASSUMING THAT EVERYTHING IS EXACTLY EQUAL IN THIS SCENARIO, THEN SURE.

OKAY, SO THEN YOU HAVE AN EQUITY, YOU HAVE AN EQUITY THREAT TO YOU'RE TREATING TWO DIFFERENT TYPES OF VENDORS DOING THE EXACT SAME WORK DIFFERENTLY.

AS FOR THE FRANCHISE AGREEMENT REPUBLIC VOLUNTARILY OR REPUBLIC OR WHOEVER THE FRANCHISE HOLDER IS NOT PICKING ON REPUBLIC.

THEY VOLUNTARILY ENTER A CONTRACT WITH THE CITY WHEN THEY NEGOTIATE IT, THEY CHOOSE TO AGREE TO PAY FEES ON PRIVATE PROPERTY SERVICES IN EXCHANGE FOR THE RIGHT TO USE THE ROADWAYS, NOT FOR TRANSPORTATION, BUT FOR PUTTING THEIR CONTAINERS ON THERE AND PICKING UP THEIR CONTAINERS AND DOING WORK IN THE ROADWAY FRANCHISE AS THE USE OF IS THE USE OF PRIVATE PROPERTY.

IT'S NOT FOR TRAVELING ON THE STREETS AND THERE'S LAWS ABOUT THAT TOO.

I WOULD HOPE STAFF WOULD REVIEW THAT.

WE DEFINITELY WILL REVIEW THAT WITH OUR CITY ATTORNEY'S OFFICE.

SOUTHLAKE IS A GREAT PLACE.

WE'D LIKE TO WORK THIS OUT AMICABLY WITH THE BUILDING INDUSTRY VERSUS HAVING THE GO FUSSED WITH THE JUDGES.

I WOULD ASK THE STAFF REVIEW MY CONCERNS.

I WOULD SUGGEST THAT THEY GET BACK WITH THE BUILDERS ASSOCIATION.

WE HAVE A GREAT GOVERNOR AFFAIRS ON THE STATE, LOCAL AND NATIONAL LEVEL, AND WE HAVE A TEAM OF FOLKS THAT WORK THROUGH THESE ACROSS THE STATE.

AND I WOULD ALSO RECOMMEND THAT YOU GUYS PUT THIS OFF AND WAIT TILL THE SUPREME COURT RULES TO MAKE SURE THAT WE DON'T HAVE TO DO SOME THINGS TWICE.

WELL, THANK YOU FOR YOUR FEEDBACK AND I APPRECIATE IT.

ALL RIGHT. THANK YOU. THANK YOU.

ANY OTHER QUESTIONS OR FEEDBACK? WE DID NOT HAVE ANY ONLINE QUESTION FORUMS, AND IT DOES NOT LOOK LIKE ANYBODY ELSE HAS ANY QUESTIONS. SO WE'LL GO AHEAD AND CLOSE THIS ITEM.

THANK YOU, MADELEINE. THANK YOU, LAUREN.

THANK YOU ALL FOR YOUR PARTICIPATION IN SPIN.

REMEMBER, SPIN REPRESENTS THE FIRST STEPS IN THE DEVELOPMENT PROCESS.

I WOULD LIKE TO ENCOURAGE ALL OF YOU TO PLEASE TAKE THE SPIN EXPERIENCE SURVEY.

A SPIN MEETING REPORT WILL BE MADE AVAILABLE AFTER THE MEETING TAKES PLACE.

WE WILL INCLUDE THE SUBMITTED SPIN QUESTION AND RECOMMIT FORMS IN THE MEETING REPORTS.

THESE REPORTS ARE GENERAL OBSERVATIONS OF THE FORM THEY ARE NOT VERBATIM.

INTERESTED PARTIES ARE ENCOURAGED TO FOLLOW THE CASE THROUGH THE ENTIRE DEVELOPMENT PROCESS.

FOR VIDEO ON DEMAND, MEETINGS THAT ARE RECORDED WILL BE MADE AVAILABLE ON THE CITY'S WEBSITE APPROXIMATELY 24 HOURS AFTER THE MEETING TAKES PLACE.

THANK YOU, EVERYBODY, AND HAVE A GOOD EVENING.

* This transcript was compiled from uncorrected Closed Captioning.